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HomeMy WebLinkAbout07/25/2002Is , AGENDA JULY 25, 2002 -Noara of Adjustment on July 25, 2002, at 7:30 p.m., in the City Council Chambers of the Municipal Building, 7500 W. 29 th Avenue, Wheat Ridge, Colorado. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) B. Case No. WA-02-06: An application filed by William Luce for approval of a 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback for the purpose of constructing a garage on property zoned Residential-One (R -1) and located at 11481 West 39` Place. C. Case No. TUP-02-03: An application filed by TCCH Management, LLC for approval of a one-year Temporary Structure Permit to allow an office trailer on property zoned Industrial (1) and located at 12000 West 52 "d Avenue, kNEENUM "40#11 2MOV"W4411 U CASE NO. & NAME: WA-02-04\01son CASE MANAGER: Michael Pesicka Request for approval of a 16.5 foot side yard setback NAME & ADDRESS OF APPLICANT(S): Victor A. Olson 2620 Upham Street Wheat Ridge, CO NAME & ADDRESS OF OWNER(S): Same as above APPROXIMATE A: 9,100 square feet. PRESENT ZONING: Residential -Two (R -2) PRESENT LAND USE: Single - famil residential SURROUNDING ZONING. N 5, E, & W: R-2 SURROUNDING LAND USE; 1� &E, & C?V: Low - density residential DATE PUBLISHED. June 13, 2002 DATE POSTED: June 13, 2002 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. T. REQUEST nissompunneg � � posed location for the attached garat��� Exhibit 4 currently shows the existing house haveing a side yard setback of 30 feet from W. 26' Place, and a 29 foot 10 inch front yard setback from Upham Street. L '41191 MORE 1"ARAM 3. Would the particular physical ! ! R g shape or ! ! ! ' F hical condition of i ` carried 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 ! 6. If criteria a through e are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distingu shed rom 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? of the street. Granting the variance would not have any beneficial effects for the surrounding TeM with disabilities. V1. VARIANCE CRITERIA (Request B) Staff has the following comments regarding the criteria used to evaluate a variance request. 1. Ca1 the property in question yield a reasonable return in use, service or income if 2. If the variation were granted, would it alter the essential character of the locality? 3. Would the particular physical surrounding, a , a or aaat ah conditions of +' specific property involved result in . a. rticular hardship ata the owner) distinguished s m a mere inconvenience . strict letter of a. regulations carried a VEST 27TH PLACE 45" RIGHT —OF -WAY 34" GUTTER TO GUTTER ` 51 .04' , 0 ! Variance Request A . 50 PR0 . 6ED C7ARAGE a Variance bN EX I•S I NG . C04tR�Tl Re Quest B SLAB 0' 22.0' Ld LLJ a h Aj LOT 7 0 }--- 4 LOT li t- - C7 .J Mi CC t p W. LU M Q as. J� �wirw pp .T w, . C , M Y i'J • / ,,, q / 4 • 5 M * k wwr�iw ¢ y i}Vry y� CV . 29 . 9' 7' co Ld .{ • C �+� �y 3,2 ..9; x ' UTILITY EASEMENTS LOT CURVE DELTA ANGLE RADIUS ARC CHODT 6 CHORD SEARING C 1 59 °59'08" 45.00+ 47.11' 44.99' S 60 °05'38'E C 2 89 15.00" 23.56° 21.21' N 44 " E 20 0 t o 20 30 PREPARED Y. LANE ENGINEERIN 9500 WEST 14TH AV LAKEWO( SCALE 1 "- 20+ TEL: (303) 233 -4042 FAX: t3 H be filled out by staff. A Lo ad I o o CZ n. > -- -0 e -0 4. z : r An 0 = t: -, e =- Cray 0 C 0 . g mix 04 N c z CZ 0 21 0 t6 p r- tQ o a cr > z o CC 8 Az 44 p OY 0 E rA W C 0 0 xo 0 0 t4 v '- 4� �! Z cl 04 IMPROVEMENT LOCATION CERTIFICATE EXHIBIT 4 LOT 7, COWDEN - AMMON SUBDIVISION CITY OF WHEAT R,IDGE, JEFFERSON COUNTY, COLORADO WEST 26TH PLACE DESCRIPTION: 45* RIGHT-OF-WAY 34* GUTTER TO GUTTER LOT 7, COWDEN - AMMO N SUBDIVISION, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO. M, m- "orm on a "# r! I a r 12 � • co i s 7 ;o Y t 5.0 I Kola I KT - 5' - UTIL - ITY EASEMENTS ARC CHAV ' CHORD BEARING 47.11' 44.99' S 60*05*38'E 23.56* 21.21' N 44*54*30*E I NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACT I ON BASED UPON ANY DEFECT I N TH I S SURVEY W I TH I N THREE YEARS AFTER YOU FIRST DISCOVE:R SUCH DEFECT. IN NO EVENT, MAY ANY ACT I ON BASED UPON ANY DEFECT I N TH I S SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. NOTES: I. 1/2 1 NCH SQUARE STEEL P IN 'RECOVERED AT PO INT SHOWN THUS: im 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE INSURANCE POLICY, AND RELIED ENTIRELY ON INFORMATION LOT 5 SUPPLIED BY THE BUYER. LEGEND INDICATES CONCRETE IMPROVEMENTS INDICATES FENCE LINE 0 INDICATES POWER POLE v PREPARED BY: LANE ENGINEERING SERVICE, INC 9500 WEST 14TH AVENUE, LAKEWOOD, CO 8021� TEL: (303) 233-4042 FAX: (303) 233-0796 % � �11 Wl I 12,3211Z.&HRIM-TArl"rAWFA 04 w 4.1 uj:2 14 c\l c*4 I Kola I KT - 5' - UTIL - ITY EASEMENTS ARC CHAV ' CHORD BEARING 47.11' 44.99' S 60*05*38'E 23.56* 21.21' N 44*54*30*E I NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACT I ON BASED UPON ANY DEFECT I N TH I S SURVEY W I TH I N THREE YEARS AFTER YOU FIRST DISCOVE:R SUCH DEFECT. IN NO EVENT, MAY ANY ACT I ON BASED UPON ANY DEFECT I N TH I S SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. NOTES: I. 1/2 1 NCH SQUARE STEEL P IN 'RECOVERED AT PO INT SHOWN THUS: im 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE INSURANCE POLICY, AND RELIED ENTIRELY ON INFORMATION LOT 5 SUPPLIED BY THE BUYER. LEGEND INDICATES CONCRETE IMPROVEMENTS INDICATES FENCE LINE 0 INDICATES POWER POLE v PREPARED BY: LANE ENGINEERING SERVICE, INC 9500 WEST 14TH AVENUE, LAKEWOOD, CO 8021� TEL: (303) 233-4042 FAX: (303) 233-0796 % � �11 Wl I 12,3211Z.&HRIM-TArl"rAWFA Uffliml A+ nvL k �.t � � w m om } � ,", praaaer l�.x ;V, .,p4 A`'� %��`' x<i4 k �' �' •` \. x q1 k 4 A+ nvL k �.t � � w m om } � ,", praaaer l�.x ;V, .,p4 A`'� %��`' x<i4 k �' �' •` \. E I A BETTER VIEW OF THE WE37 ELEVA70N SHOWING THE TWO-STORY AT -5Gtr TH END North End Garage wdl match look size and roof line except withdoor, O N PROPER AT2620 Upham St, Wmat Rtdge, Colorado a0215 303-238-4114 OLSON RR. OPERT Y AT 2623 Upham St, WheafRidge, Coiorado 8021 5 303-238-4114 Oty of Wheat PJdge MEMORANDUI Mixartment • PubHc Works TO: Mke Pesicka, Planner ]FROM: Dave Brossman, City Surveyor DATE: Friday, July 12, 2002 SUBJECT: 2620 Upham Street property I 1! :11111�rm NAME & ADDRESS OF OWNER(S): Same as above APPROXIMATE AREA: 27,500 square feet PRESENT ZONING: Residential -One (R -1 PRESENT LAND USE Single Family Residential " SURROUNDING ZONING: N: A -1, S: &E, :R -1, W MA DATE PUBLISHED* July 11, 200 DATE POSTED: July 11, 2002 DA'Z'ED LEGAL NOTICES SENT: July 11, 2002 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. REQUEST i aci, and jj currentli beina used as a smzk'iamih� SITE PLAN The proposed garage will encroach into an existing 5 foot side yard utility easement. All pertinent outside agencies have stated the location of the proposed garage is not problematic. 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 is currently used as residential property and this use may continue on the property regardless • the outcome • the variance request. 2. If the variation were granted, would it alter the essential character of the locality? If the attached garage is built, the essential character of the locality would not be altered substantially. The property in question is a large lot (27,500 square feet) and the residence is setback over 80 feet from the street. One side yard setback variance of 3 feet was granted in 1997 for 11441 W. 39 Place. 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? The shape of the lot and the position of the house on the lot creates a unique circumstance. The lot is relatively flat and meets the numinium requirement of 12,500 square feet for lot area the R- I district and the 100 lot frontage requirement in the R-1 district. The request would not be detrimental to the public welfare or injurious to other properties. It would not impair the adequate supply of light and air to adjacent properties, substantially increase the congestion in public streets or increase the danger of fire or endanger the public safety, or substantially diminish • impair property values within the neighborhood. 6. If criteria a through e are found, then, would the granting of the 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 a benefit solely for the applicant and would not contribute • the neighborhood • community. Granting • the variance would not result in reasonable accommodation of a person with disabilities. m To be filled out by staff.- a � - 1 AL bod W ARRANTY DEED THISIDkED Madethis 22nd day of February 2002, between Steven L. Cleary and Patricia D. Kinsey oftheCounty of Jefferson andStateof Colorado grantor, and William J. Luce and Michelle C. Luce V « also known by street and number as 11481 W. 39th Plac ,; Wheatridge, CO 80033'+ TOGETHER with all and singular the hertditaxnca and appurtenances thereunto below ' & or in anywise appertaining, aW the reversion and reversions, rernamder and rernain rents, issues and profits thereof, and all the estate, right, tide, interest, claint and dernand whatsoever of the grantor, either in law or equity, of, in and to the above barpined pretnises, with the 4 I I " M M I 1 1 - 01 k v ZRIF art e let SW 2 IA1 DEPARTMENT OF INAP,4D{?PTECr June i5, 1994 PCANNtNG AND fJEiYEP.{}PhtENt Last Revfsion: Se 10, 2001 *a FTAPM.1-1— I EXISTING F E N C LINE SCALE 'A "z 1'-0" M A The design of the addition is to be of brick and stucco finish to match the existing residence. The height and roof design shall match the existing residence. The adjoining residence to the East (11461 W. 39 Pl.) is set entirely to the South of 11481 W. 39 Pl. The garage addition therefore, would not seem to pose a fire risk to the adjoining residence. In closing, it is my desire to build a garage that will not detract from the character of the neighborhood or as residence. Every effort will be made to make the addition appear as though it is was part of the originalstructure of the house. Your consideration is allowing this requested variance is greatly appreciated. X'OO William J. Luce ININA-10 W-990- = - = I I W W1103 1012 13 Ly M LOREN WIN a a Z14 0M U %of M52• f LOCATION OF REQUEST: 12000 W.52 d Avenue NAME & ADDRESS OF APPLICANT (S): TCCH Management LLC 12000 W. 52 d Avenue Wheat Ridge, CO 80033 # 0 P- V a- K i 1 ► 4 PRESENT LAND USE: Pet Crematorium SURROUNDING ZONING: N. Arvada; S &E- Industrial (I); W. Agriculture-Two (A-2) i ! 0 0 i V �40 �# M DATE PUBLISHED: July 11, 2002 DATE POSTED: July 11, 2002 DATE LEGAL NOTICES SENT: July 11, 2002 7TFMT'r11=S 1 te cnet, therefore, there is junisdiction to hear this case. 1. REQUEST The property in question is located at 12000 W. 52 d Avenue, and is currently used as a pet crematorium. The property is zoned Industrial (Exhibit 1, Zoning Map). (Exhibit 2, Application and Exhibit 3, Applicant Request). 111. TEMPORARY USE CRITERIA Staff has the following comments regarding the criteria used to evaluate a Temporary Use request. The proposed temporary use: I' li l#llfi.411&1111d , ,4111-litafftwit It # I - 41 Isis) d flaw aging 11' § ua I WIN • to ouier propertics in Vic area. Tn7-&VTqLULC S111f,011y 4VI 1141L VV vV111PF*'11 a result of this temporary office trailer. This trailer would not increase congestion in the streets or parking lot. There would still be sufficient parking for customers, and none of the drive aisles would be blocked. The trailer would not increase the danger of fire. # oratiEfujimm 1-TWiMs I I The adequate supply,of light and air would not be compromised as a result of this temporary office trailer. This should not produce any pollution of air, water or noise in the area. The trainage should remain unaffected by this temporary office trailer. 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 site; and The proposed temporary trailer will not increase traffic congestion or traffic hazards. There would still be sufficient parking for customers and none of the drive aisles would be blocked as a result. 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with ' the character of the surrounding areas and neighborhood, especially with adjacent properties; and f. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. overburden any utilities, parks, or schools. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review • the above request, staff concludes that the above criteria are supportive of the request that would warrant approval • a temporary structure. Therefore, staff recommends APPROVAL for the following reasons: sm zm PARCEL/LOT BOUNDARY SE 7 (DESIGINATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES V •, 10O.YEAR FLOOD PLAIN 0 fmt • (APPROXIMATE LOCATION) MAP A June 15, 199, m To be filled out by Ju4 6 j �� 0 M 11 11 1 - 11 01troll WIIIWIWW� , MINNiNIII'mommill KKKKK "I'll, pol, • s etch is in violation • a zoning ordinance. 11111 ��1111 Ii��I 11� The word we received was that the trailer must • removed 30 days after we close and must provide them with documentation of the actual date of closing. We requested mo time in a meeting with Darin Morgan in which we shared all of our history and reasonin ri and Darin indicated that a time extension might be possible with consultation and approval from the Director, Alan White. I Man state T s were flea, ana Struc =re t wouict 6e requirea and a ruling concerning the time frame the trailer would • allowed to remain on the site must come from the Board of Adjustments at their next scheduled meeting, July 25, 2002, 01 TM DEED. Mode tW 3rd day Of July 2002. bamom Run Delmain a of" County of Jefferson ad State of Colorado pxm.aud TCCR Managetment, LLC, a Colorado Ltd. Liability Co. whOulepulWdreals 5440 WaidAra St_, Comwxce City, CO 80122 alao dawn bystaoatand aombcc as 13400 °nlent 52nd Aventtat, Idlaea,t Ridge, CO 80033 TOGETM With all WW shwulu tw b tt and asap es awsw babut8ing, or in aoywise *PPOUlo Sad the zomm nod vwAosioax. romaiadot ad mmandom mots. ' Aams and profits dracco and all 6* tna4c tight, kudva " cleirm and Aeumd whatsoever of the graezar" ewm in lams or equity, of, be ad to live above b aitw Witt the betadleatnaats and np as "S. TO TlAVE OW TO ISOLD to $aid Fealm above bamatmed ate de > wittt I* , unto tt* armtao. bw heirs and as 4m forever. And the gtaxftf fox himself, his teir; nod do" Wi4atat, peat bargak 444 4g et to and wish rba gta wa, his bobs %W aselps, Out at the Um of the and delivery of itea pmam to is well Samd of tP above cMM'cd, ba good. sm, parfe , Wolin& ad ` l udofo4iblo mm of udwaaeo, in law, in Am ,sad bas Veod aigbt full power and lawful valboduy W pat. Iamtuim. Sall tai oaavay the atoo ha imam attd foam as afmcW and th" the Sam va tied and Char from ail ttmor and ogaQ , batg R iaat.. taxes, are % and rocticuom o(wbamw klal oraaano server, t for tawea ferst t year a ld bat ass yet Oft JU and parable, anal tkM* Ga p dwsa by eta, do�nraa�ac as rtad iu tiaa TStta is tot by 3n aarotdacot rtith saxaott 8s Tievirwl. of tbx oantrad 24 2002 betweenthop Tia*grataor audwitlWAR ADtATaS? D tgeaaoawa.b pt+ inthogirtexpuRpaaaaabkapoasea° don of the itt beits and asicat. agoinst ail and avoty patron at potsms lawfully claitnrior to whotu of my partibemt. 'Tito ' i ties plural, tboPlural tta singnbn; Std ttu oat of any jonder Shell ba blo to all p odtm V%WMO m tai tot bas easooied *4, on the dal* sat forth airowx. STATE OF COLC � a'• �NATH COVNTY OF DMqM } 7 Thu tag ' t,vas wiadged bof m* cbis 3rd day at Cqi C,t� 2 002 by .Ken DelvAin s Mr LWS13.e A. ft I - w,ta VZZD tarraap 1044 ctamnasnoa -^� � 7 bt 9k'• 1 I hill l EXH f l WALE f } y Z V f WEST ` 1 r4 C AIER `SECT h o l y 3 1 474 BRASS_: CAP IN . Y in O STAMPED U 13212 , .F FEN 7 bt L f l WALE t S Z C._, = 20' �. 3b7 .F FEN §t1 tol- NOR L r : k, Aid 1 FLO : /i 4 i J 0 W ° 1 T. . . PENCE: CORNER F J RI VI WALE t "a 20 C._, = 20' �. 3b7 .F ling s go N..�° r : Y 1 /i 4 i J 0 W ° 1 T. . . PENCE: CORNER `i 5 0 ` J U. )r { fM1 RI VI 1 11 Mj t*W A Notes: L Office Trailer is currently leased by Ken Delmain or a business entity in which he is in control, and is in olation • Zoning Ordinance and must • removed as soon as possible, 2. New office space must be created, and 3. Lessor and Lessee shall share the right to occupy and use the Premise, including the trailer, concurrently. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting June 27, 2002 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MONTOYA at 7:30 p.m. • June 27, 2002 in the city council chambers of the munici• building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL i I Members Present: Tom Abb6u Mike Pesicka introduced this case and stated there was an oversight regarding a front NOW. M-1 1 1M.1141011m , 1111111116111 ; 11 MCI=# - agreement with the continuance. Alan White stated that the applicant would not be by a staff oversight. 0 0 - Rio pal -YM � garage door which presently faces Wadsworth. Mr. Petty indicated he would be agreeable to this to prevent ingress/egress from Wadsworth. Board of Adjustment Page 2 06/27/02 Board of Adjustment Page 3 06/27/02 Board Member DRDA asked about setback requirements. Alan White explained that the city cannot request setbacks to be met on an existing structure which was built in 1958. Setbacks can only be required on new construction, The, setbacks were also affected by the State acquiring 15 feet of right-of-way along Wadsworth. duplex in an R-2 zone. He asked if curbstones could be set to close the curb cut onto Wadsworth. Alan White will check with CDOT regarding curbstones as a temporary solution until final action by CDOT. Board Member ECHELMEYER stated that since Mr. Petty had addressed the neighbors' concerns by cleaning up the property and there is a long list of neighbors who are not opposed to his using the property as a duplex, he would vote in favor of the application. IF 1111111 1 1 I XV M W1%1Vt7J=A V ECHELMEYER, the following resolution was stated: � III IIIII IIIII IilpiiiIq III!I111piIIIIII IIIII lI M= Whereas, Board of Adjustment Application Case No. WA-02-02 is an appeal to th Board from the decision of an administrative officer; and i Board of Adjustment Page 4 06/27/02 Whereas, the property has been posted the fifteen days required by law; and in recognition of protests registered against and petition registered for; Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Type of Variance: A 600 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned residential (R -2). For the following reasons: Board of Adjustment Page 5 06/27102 No commente w e or not me Trals ar7 , Tccu1#iFF 7 MY7Le771F the city's code determination and the Board's jurisdiction relates only to whether or not the variance should • granted. - kl -, Mrl - , t q m"mm#Tt"li , _, - I - MA , ? , & T?mr#rt=i __.. • MNM six affirmative votes will be required under the super-majority stipulation for the variance • be approved. The motion a e by a vote ot withboa 1 J7M,7W`3­n "WKWIN voting no and Board Member BLAIR absent. Chair MONTOYA advised Mr. Petty that his application had been denied. C. Case No. WA-02-05 - An application filed by Jim Dent for approval of a I 0-foot rear yard setback variance from the required I 0-foot rear yard setback res 1 g in a 0-foot rear yard setback for the purpose of constructing a garage on property zoned Resi•ential-One C (R-IC) and locate&at 3235 Ames Street. Board of Adjustment Page 6 06/27/02 Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-1 5 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 Board of Adjustment Page 7 06/27/02 • • =7Mn7JqWF • public 5. CLOSE THE PUBLIC HEARING Chair MONTOYA declared the • 6. OLD BUSINESS There was no old business to cone before the Beard. Board of Adjustment Page 8 06/27102 A. Minutes of May 23,2002 — It was moved by Board Member HOWARD and seconded by Board Member YOUNG to approve the minutes with a correction on page six under the "Green Goddess" item to show the location as 44 1h and Moore rather than 44 and Wadsworth. The motion passed 6-0 with Chair MONTOYA abstaining and Board Member BLAIR absent. Board of Adjustment Page 9 06/27/02