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HomeMy WebLinkAbout10/07/2004UITT4 irLAN IM Minutes of Meeting August 5, 2004 11 0 The regular meeting of the Wheat Ridge Planning Commission was called to order by Vice Chair McMILLIN at 7:00 pm. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. r= Jim Chilvers John McMillin .Lan m Stewart Scott Wesley Jerry Scezney Kevin Witt Ann Lazzeri, Recording Secretary A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 0 9 It was moved by Commissioner McNAMEE and seconded by Commissioner STEWART to approve the agenda as presented. The motion passed unanimously. It was moved by Commissioner STEWART and seconded by Commissioner WESLEYAA, approve the minutes of July 15,2004 as presented. The motion passed 4-0 with Commissioner McNAMEE abstaining. PUBLIC FORUM No one indicated a desire to ap2ak at this time. Planning Commission Page 11 1 August 5, 2004 im a 0 11. A. Case No. Z1 A-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to signage. This case was presented by Meredith Reckert, She reviewed the staff report. At the request of Vice Chair McMILLIN, questions and answers took place during the presentation. The following points were discussed: developments. • Lighted signs that are partly blank should have the blank sections obscured. ' • Staff will check • the average life of cabinet signs in order to assist in developing regulations for amortization of nonconforming signs. NEW BUSINESS XVff-e--nL?- • -L•' r '"issi*1 COMMISSION REPORTS 0 # 7 j r - V to adjourn the meeting at 8:20 p.m. The motion passed unanimously. John McMillin, Vice Chair 5M CITY OF WHEAT RIDGE P PLANNING DIVISION STAFF REPORT L & u TO: Planning Commission CASE MANAGER: Jeff Hirt CASE NO. & NAME: MS-04-07/Gantenbein DATE OF MEETING: October 7,2004 ACTION REQUESTED: Approval of a 2-lot minor subdivision plat for properties located at APPLICANT (S): Keith Gantenbein OWNER (S): The Estate • Rosemary and Pete Ricci APPROXIMATE AREA: 15,980 square feet (.37 acres) PRESENT ZONING: Residential - Three (R-3) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS W ZONING ORDINANCE (X) DIGITAL PRESENTATION (X) SUBDIVISION REGULATIONS Location Map Aolsfi% 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST • IS## Rif 1 IAM I I [ORK01 WRI 2 11 KIIS 0 -WRIM Planning Commission 2 Case MS-04-07/Gantenbein [��* MILIMM The case was originally scheduled for the September 16, 2004 Planning Commission hearing, however the disclosure of new information required the postponement of this hearing to the October 7, 2004 hearing. The original plat submitted did not show the dimensions and size of Lot 7, and after publishing for the September 16 hearing a new plat submitted illustrated that Lot 7 was of deficient size and width, therefore a variance request had to be processed concurrently with the subdivision request, and had to be published as such. III. SUBDIVISION PLAT This minor subdivision will not create any new lots. The purpose of the subdivision is to reconfigure the existing northern lot line of Lot 6 to bring the lot into compliance with the R-3 development standards to allo for construction of a two family dwelling. I The Wheat Ridge density standards for residential development were amended in 1997 to the current density standard of 3,630 square feet per unit for R-3 multi-family development. The prior density standard was 21 units per acre or one unit for 2,074 square feet of land area. The "old" standard was adopted by the City from Jefferson County standards upon incorporation. Based on the old standard, a seven unit apartment structure would require 14,518 square feet of total lot area. The two lots which the apartment is located on have a combined square footage of 14,600 square feet. Staff thereL#xn4mincludes that when the a-art ents were built,,3 from Lot 7 to meet the density standard. If this structure were destroyed, it could be rebuilt in it's current configuration, Planning Commission 3 Case MS-04-07/Gantenbein If the subdivision with variances is approved, Lot 6 will increase in size from 8,794 square feet to 9,042 square feet and will exceed the minimum lot width of 75' for a duplex. Lot 7 will decrease in size from 7,194 square feet to 6,938 square feet, and decrease in lot width from 53.05 feet to 51.05 feet. Both lots have frontage on Otis Street. Each lot has 5 foot utility easements on the east/west property lines, and 10 foot utility easements on the north/south property lines. General note number 2 contains the City's standard language for these easements. All agencies are currently able to serve the property and can continue to do so with the proposed minor subdivision. Any service upgrades required by the referral agencies will be addressed when the applicant submits for a building permit. V. STAFF CONCLUSIONS AND RECOMMENDATIONS FOR MINOR SUBDIVISION REQUEST be developed meets the lot area and lot width requirements for a two family dwelling in the R-3 zone district. Therefore, staff recommends APPROVAL for the following reasons: With the following condition: A note be added as follows: Lot 7 shall only be used as accessory to the multifamily structure at 3851 Otis Street as long as the multifamily structure is in existence. In the event that the use changes at 3851 Otis Street or if parking for the apartments is acquired elsewhere' Lot 7 can be developed in accordance with applicable zoning regulations. Planning Commission 4 Case MS-04-07/Gantenbein 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? Currently Lot 7 is a substandard lot and cannot be developed due to the fact that it is under the same, adjacent ownership. If it were sold to a different entity, a single family dwelling could be built on this lot. Lot 6 can be used as a single family dwelling in it's current state. 2. If the variance were granted, would it alter the essential character of the locality? -wig .99 .9. ON M.. 11 # wrl, Fiq 071 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? MI H 1 1 1 Evil 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Planning Commission 5 Case MS-04-071Gantenbein 6. If criteria I through 5 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 request would not result in a substantial benefit or contribution to the neighborhood, although a relatively unmaintained vacant lot would be developed. It is the opinion of staff that development of the property would be more desirable than a vacant, relatively unmaintained lot and that granting the variance may be an incentive for development. The variance and resultant plat note will ensure that Lot 7 will be continued to be used for parking for the apartments to the north. The request would not result in a reasonable accommodation of a person with disabilities. VII. STAFF CONCLUSIONS AND RECOMMENDATIONS FOR VARIANCE REQUEST Upon review of the above request, staff concludes that the criteria are supportive of the variance requests. Staff has found that there are unique circumstances attributed to these requests that would warrant approval of the variances. Therefore, staff recommends APPROVAL for the following reasons: ggn��q Option A: "I move to approve a lot size variance of 562 feet and lot width variance of 8.95 feet to the R-3 development standards for 3841 Otis Street, or Lot 7 of the Anel Subdivision, for the following reasons: Planning Commission 6 Case MS-04-07/Gantenbein liiipi��J�Ipi�;;111� q 1� 1�111g�111�111111p��lli I I IF1 11 21 1 11 L I 3. 4." Option A: I move to approve Case No. MS-04-07, a two-lot minor subdivision plat for property located approximately 3821 and 3841 Otis Street, for the following reasons: A note be added as follows: Lot 7 shall only be used as accessory to the multifamily structure at 3851 Otis Street as long as the multifamily structure is in existence. In the event that the use changes at 3851 Otis Street or if parking for the apartments is acquired elsewhere, Lot 7 can be developed in accordance with applicable zoning regulations". Option B: I move to deny Case No. MS-04-07, a two-lot minor subdivision plat for property located approximately 3821 and 3841 Otis Street, for the following reasons: M. 2. 3. 4. Planning Commission 7 Case MS-04-07/Gantenbein 09/24/2004 11:16 303-279-2677 FLEMING RUNNERSTROM PAGE 03/03 4-30-1995 11-IOPM FRW P. 4 -- I X t ' W-17= 7 m 774 7 jV77"T__ -r- "'IT 177-7=71 EXHIBIT 2 �n z 2 0 CURVE TABLE CURVE LENGTH RADIUS I CH. BEARING CH. LENGTH CI 30.25' 50.00' S17 29.79' C2 9.26' 50.00'1 S39 9.24' C3 58.20' 100.00' S28 ° 1809 "W 5738' a to I� O C) W LLJ I cr la I C1 ti. w S I � I F IQ I � J W I � LOT 8, ANEL SUBDIVISION ZONED R -3 THE UNDERSIGNED, BEING THE OWNER OF THE FOLLOWING DESCRIBED PROPERTY. L DT 9, ANEL SUBDIV' `>lON ZONE R -3 '89 °53'21 "W 93.16' S00 "E 5 , -- -22.58' N00 017'49 "W I s'uTiiirY LOT 9 0, 51.05' EASEMENT T 1 10' U TILIT Y j EASEMENEMFNT ANEL SUBDIV ON ZONED R -3` ZONED R -3 6,938 S. F. (0.159 ACRES) N00 ° 17'49 "W EASEMENT / 2.00 T _.__ N89 °53 21 "E - -- ____128.62'___ - C - - - -- -.. - -- - -- N89 ° 53'21 "E� EASEMENT LOT LINE C2 O L ' 19.50 HEREBYREMOVED / 1 O BY THIS PLAT LOT I I, A 1o'UTILITY / 1 NN EASEMENT ANEL SUSDIV .;ION LOT 6 ZONED R -3 ZONED R -3 / 9,042 SO. FT. 0.208 ACRES C3 Q) 5'UTILITY l / :z EASEMENT / I_ _ I j N89 0 5321 "E i I 148.00' TRUE POINT BEGINNING 11 � N 41 ST AVE. Sella.rds CONSULTING CIVIL ENGINEERS / LAND SURVEYORS Grigg, Inc, 390 Union Boulevard Phone: 303- 986 -1444 Suite 630 FAX: 303 -986 -0994 Lakewood, Colorado 80228 EMoil: www.sandg4.com COPYRIGHT © 2004 d :'•': LOT 2, ANEL SUBDIVISION ZONED R-3 LOT 3, ANEL SUBDIVISION ZONED R -3 DEDICATION REAL PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: LOT 6 AND LOT 7, ANEL SUBDIVISION, A SUBDIVISION RECORDED IN BOOK 10 AT PAGE 31 OF THE OFFICIAL RECORDS OF THE CLERKAND RECORDER OF SAID COUNTY OF JEFFERSON CONTAINS 15,980 SQUARE FEET, (0.367 ACRES), MORE OR LESS HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF ANEL SUBDIVISION LOT LINE ADJUSTMENT NO. 1, A SUBDIVISION OFA PART OF THE CITY OF WHEAT RIDGE COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT OF WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONEAND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. SIGNED THIS DAY OF 2004 r-'A A L07' LINE ADJUSTMENT BETWEEN LOT 6 AND LOT 7, ANEL SUBDIVISION A SUBDIVISION LOCATED IN THE SOUTHWEST ONE - QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO LO L, ANEL SUBDIVISION ZONED R -3 LOT 4, ANEL SUBDIVISION - - - -_ 1 ZONED C -1 BARBARA COL TRIN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PETE RICCI AND ROSEMARY RICCI STATE OF COLORADO ) )SS COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS OF 2004, BY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC PLA NNING COMMISSION CERTIFICATION: APPROVED THIS DAYOl -- ,2004. BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATION: APPROVED THIS DAY OF_ BY THE CITY OF WHEAT RIDGE. ATTEST CITY CLERK MAYOR DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR OF PUBLIC WORKS GENERAL NOTES 1. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 2. TEN FOOT (10) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLAT'T'ED AREA. FIVE FOOT (5) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTYADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. 3. ( ;b = SET NO. 5 REBAR WITH AL. UMINUM CAP "LAMBERT L. S. 13212" 4. = SECTION CORNER OR QUARTER CORNER 3 -1/4 "CAP IN RANGE BOX 6. BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE SOUTH LINE OF THE SAID SOUTHWEST ONE QUARTER WHICH IS ASSUMED TO BEAR N89`53'21 "E 7. CONTROLLING MONUMENTS USED FOR THIS SURVEYAREAS FOLLOWS, SOUTHWEST CORNER SECTION 24 FOUND 3-114" BRASS CAP PER MONUMENT RECORD BY JOHNS. LAMBERT, PLS 13212 DATED APRIL 23, 1984. SOUTH 114 CORNER SECTION 24: FOUND 3 -114" BRASS CAP PER MONUMENT RECORD BY JOHNS. LAMBERT, PLS 13212, DATED AUGUST 6, 1,985. WEST 114 CORNER SECTION 24: FOUND 3-114" BRASS CAPPER MONUMENT RECORD BY JOHN S. LAMBERT, PLS 13212, DATED OCTOBER 2, 1984, SURVEYOR'S STATEMENT 1, JOHNS. LAMBERT, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THATANEL SUBDIVISION LOT LINE ADJUSTMENT NO. I WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND ON BEHALF OF SELLARDS & GRIGG, INC., 390 UNION BOULEVARD, SUITE 630, LAKEWOOD, COLORADO 80228. I FURTHER STATE THAT THE SURVEY REPRESENTED BY THIS PLAT WAS DONE UNDER MY RESPONSIBLE CHARGE, IS BASED UPON MY KNOWLEDGE, INFORMATION AND BELIEF AS A PROFESSIONAL LAND SURVEYOR IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED ADDITION AS AMENDED AND THF_ ACCOMPANYING PLAT ACCURATEL Y REPRESENTS SAID SURVEY 30 0 30 60 1 " =30' scale feet SITE lv SOUTH ONE- QUARTER CORNER SECTION 24, T3S, R69W W 38TH AVE. Lm-ml i DATE OF PREPARATION JULY 23, 2004 REVISED: SEPTEMBER 1, 2004 REVISED. SEPTEMBER 22, 2004 BY DEPUTYCLERK �W. ..... , /4 A46 i� 13212 0 R_ /HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERKAND RECORDER OF JEFFERSON COUNTYAT GOLDEN, COLORADO ON 20 AT____O'CLOCK M. BOOK ,PAGE RECEPTION NO. JEFFERSON COUNTY CLERKAND RECORDER , 2004. I j I ZONED R -C I L25 LOT 5, - I LIJ ANEL SUBDIVISION 25" ° N � - - _ - -- -- - Q) I 301--: ZC;��i� D C 7 .ZONED R -C C? I } 38 TH A VENUE Q) SOUTI I LINE SOUTHWEST ONE- QUARTER SECTION 24 N 89 °5321 " E 2649.02' L POINT OF BEGINNING SOUTHWEST CORNER SECTION 24, T3S, R69W 11 � N 41 ST AVE. Sella.rds CONSULTING CIVIL ENGINEERS / LAND SURVEYORS Grigg, Inc, 390 Union Boulevard Phone: 303- 986 -1444 Suite 630 FAX: 303 -986 -0994 Lakewood, Colorado 80228 EMoil: www.sandg4.com COPYRIGHT © 2004 d :'•': LOT 2, ANEL SUBDIVISION ZONED R-3 LOT 3, ANEL SUBDIVISION ZONED R -3 DEDICATION REAL PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS: LOT 6 AND LOT 7, ANEL SUBDIVISION, A SUBDIVISION RECORDED IN BOOK 10 AT PAGE 31 OF THE OFFICIAL RECORDS OF THE CLERKAND RECORDER OF SAID COUNTY OF JEFFERSON CONTAINS 15,980 SQUARE FEET, (0.367 ACRES), MORE OR LESS HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF ANEL SUBDIVISION LOT LINE ADJUSTMENT NO. 1, A SUBDIVISION OFA PART OF THE CITY OF WHEAT RIDGE COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY SHOWN AS RIGHT OF WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONEAND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. SIGNED THIS DAY OF 2004 r-'A A L07' LINE ADJUSTMENT BETWEEN LOT 6 AND LOT 7, ANEL SUBDIVISION A SUBDIVISION LOCATED IN THE SOUTHWEST ONE - QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO LO L, ANEL SUBDIVISION ZONED R -3 LOT 4, ANEL SUBDIVISION - - - -_ 1 ZONED C -1 BARBARA COL TRIN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PETE RICCI AND ROSEMARY RICCI STATE OF COLORADO ) )SS COUNTY OF JEFFERSON THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS OF 2004, BY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC PLA NNING COMMISSION CERTIFICATION: APPROVED THIS DAYOl -- ,2004. BY THE WHEAT RIDGE PLANNING COMMISSION. CHAIRPERSON CITY CERTIFICATION: APPROVED THIS DAY OF_ BY THE CITY OF WHEAT RIDGE. ATTEST CITY CLERK MAYOR DIRECTOR OF COMMUNITY DEVELOPMENT DIRECTOR OF PUBLIC WORKS GENERAL NOTES 1. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 2. TEN FOOT (10) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR PROPERTY LINES OF EACH LOT IN THE SUBDIVISION OR PLAT'T'ED AREA. FIVE FOOT (5) WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERTYADJACENT TO ALL SIDE LOT LINES OF EACH LOT IN THE SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS. 3. ( ;b = SET NO. 5 REBAR WITH AL. UMINUM CAP "LAMBERT L. S. 13212" 4. = SECTION CORNER OR QUARTER CORNER 3 -1/4 "CAP IN RANGE BOX 6. BEARINGS SHOWN ON THIS PLAT ARE BASED ON THE SOUTH LINE OF THE SAID SOUTHWEST ONE QUARTER WHICH IS ASSUMED TO BEAR N89`53'21 "E 7. CONTROLLING MONUMENTS USED FOR THIS SURVEYAREAS FOLLOWS, SOUTHWEST CORNER SECTION 24 FOUND 3-114" BRASS CAP PER MONUMENT RECORD BY JOHNS. LAMBERT, PLS 13212 DATED APRIL 23, 1984. SOUTH 114 CORNER SECTION 24: FOUND 3 -114" BRASS CAP PER MONUMENT RECORD BY JOHNS. LAMBERT, PLS 13212, DATED AUGUST 6, 1,985. WEST 114 CORNER SECTION 24: FOUND 3-114" BRASS CAPPER MONUMENT RECORD BY JOHN S. LAMBERT, PLS 13212, DATED OCTOBER 2, 1984, SURVEYOR'S STATEMENT 1, JOHNS. LAMBERT, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THATANEL SUBDIVISION LOT LINE ADJUSTMENT NO. I WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND ON BEHALF OF SELLARDS & GRIGG, INC., 390 UNION BOULEVARD, SUITE 630, LAKEWOOD, COLORADO 80228. I FURTHER STATE THAT THE SURVEY REPRESENTED BY THIS PLAT WAS DONE UNDER MY RESPONSIBLE CHARGE, IS BASED UPON MY KNOWLEDGE, INFORMATION AND BELIEF AS A PROFESSIONAL LAND SURVEYOR IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED ADDITION AS AMENDED AND THF_ ACCOMPANYING PLAT ACCURATEL Y REPRESENTS SAID SURVEY 30 0 30 60 1 " =30' scale feet SITE lv SOUTH ONE- QUARTER CORNER SECTION 24, T3S, R69W W 38TH AVE. Lm-ml i DATE OF PREPARATION JULY 23, 2004 REVISED: SEPTEMBER 1, 2004 REVISED. SEPTEMBER 22, 2004 BY DEPUTYCLERK �W. ..... , /4 A46 i� 13212 0 R_ /HEREBY CERTIFY THAT THIS PLAT WAS FILED IN THE OFFICE OF THE COUNTY CLERKAND RECORDER OF JEFFERSON COUNTYAT GOLDEN, COLORADO ON 20 AT____O'CLOCK M. BOOK ,PAGE RECEPTION NO. JEFFERSON COUNTY CLERKAND RECORDER , 2004. - N 100 200 FW 7500 West 29th Avenue The Cit) of Wheat Ridge, Colorado 8003 3 Wheat I Telephone 303/235-2846 Rid FAX 303/235-2857 MMOM Dear Mr. Gantenbein: RE: Cast No. WA-04-03 1 M11#M affi Xes 1 — 1 ML iW ME reql T Yor a 2-4"D sq-11we loot 7-117047c TIM I Tr571 , 11 , 11 , sq T Yout MITUT allow a two-family dwelling on vacant land zoned Residential-Three and located at approximately ' 1 1821 Otis Street for the following reasons: 1. The property will continue to have a viable use. 2. There is a means to acquire the additional 206 square feet because there is a common owner of the subject lot and the lot to the north. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board"s decision. WA-0"3 (case file) Building File EXHIBIT 4 CADoommu md ScWngs*XhyfMy Docwncnts = CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of ' » ©t June 24, 2004 CALL THE MEETING TO ORDER The meeting was called to order by Chair BLAIR at 7:30 , .m. in the Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. Staff Present Jeff Hirt, Planning Technician Meredith Reckert, Sr. Planner Ann Lazzeri, , e<1 Secretary The following is the official set of Board of Adjustment minutes for «`a® hearing of June 24, 2004. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this tA A. Cast No. - WA-04-03: An application filed by Crawford Holding Corp. for the Estate of Rosemary and Pete Ricci for approval of a 206 square foot variance from the 9,000 square foot minimum lot area requirements to allow a two-family dwelling unit on property zoned Residential-Three and located at approximately 38) 1 Otis Street. i he case was presen? I to we the case. He entered all , ©. documents into the record and reviewed the staff report and digital presentation. Staff reconu denial of the application for reasons outlined in the staff report. t,��� q��� s In response to a question from Chair BLAIR, Mr. Hirt explained that staff recommended denial in this case based on the conclusion that the application presented a self-imposed hardship. The lot could be utilized for a single-family dwelling without a variance. cotailen IT a ling'I'Vol Mime Tne Comprehensive Plan. Mr. Hirt replied that the application would represent ten dwelling units per acre and the Comprehensive Plan calls for four. r TW 7A NO i Ms. Reckert stated that the correct lot size is 8,794 square feet. Board Member BELL inquired about the circumstances involved to cause Otis Street to be curved in this location. Ms. Reckert stated that this was done some time during the 1940"s or 1950's before the city was incorporated and it is not known what reasoning was used at that time. A survey was requested because of the skewed size of the lot. Board Member ECHELMEYERexpressed concern that the applicant could build something other than what is shown in the plans submitted during the meeting. He referred to a previous Board of Adjustment case where the Board's recommendations were not followed. Mr. Gantenbein stated that, should the variance be approved, he would agree to a condition requiring the building to correspond to those plans submitted during the meeting. Board Member BELL stated that she could not find a hardship in this case Board of Adjustment -2- 06/24/04 A I'll 6=1� In response to a question trom boar stated that the subject area is not in an urban renewal area. Ms. Reckert explained that a zone change would require a planned residential development to build on the property. Another option would be to adjust the lot line to enlarge the lot to allow the two-family dwelling a variance. Board Member — irreguiariv s hardship, Meredith Recl,',ert stated that this usually applies to setback variance requests on irregularly shaped lots. Staff did not conclude that there was any problem in that regard for this application. 7 property, another option would be to adjust the lot line between the two lots, making the subject lot large enough for a two-family dwelling. In response to a question trom mr. Connn, Ms. adjustment process would take approximately two months. Barbara Coltrin 10560 West 35 Avenue Mrs. Coltrin was swom in by Chair BLAIR. She is the personal representative for the estate in which the subject property is involved, She asked the Board to approve the application. Board of Adjustment 06/24/04 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 detriment to the public welfare and 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 Cast No. WA-04-03 be, and hereby is, denied. Type of variance: A 206 square foot variance from the 9,000 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Three and located at approximately 3821 Otis Street. For the following reason: 1. The property will continue to have a viable use. Board Member ABBOTT offered the following friendly amendment to the reasons for denial: 2. There is a means to acquire the additional 206 square feet because there is a common owner of the subject lot and the lot to the north. Board Member MOLNAR stated that he would not accept the amendment because be was concerned that should the property be sold in the future, this could �resent a problem for future property owners. Board Member DRDA then seconded the motion and a vote was taken. The motion for denial passed &4. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion of the meeting. 6. OLD BUSINESS There was no old business to come before the Board. Board Member ABBOTT asked the staff to research Board Member ECHELMEYER's comments about 3694 Chase Street where he believed Board's recommendations were not complied with. Board of Adjustment -4- 06/24/04 Ms. Reckert stated she would look into this matter and report back to the Board. A111groval of Minutes — It was moved kv Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes Of MaY 20, 2004 as presented. The motion passed unanimously. NI There being no fta business to come before the Board, the meeting was adjourned at 8:25 pm. MM t : Ann Lazzeri, Secretary Board of Adjustment -5- 06/24/04 0 100 Feet A City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission 1111 �1!1 4 F 11JU11@1 ;:i ii i 13111111 ii, 0 sm If you did not save your Planning Commission packet for the September 16' meeting, please call me at 303-235-2846 so we can have one delivered to you on Monday. \Xsrv-ci-tng-001\mrs\kficld\Kathy\PCRPT'S\PLANGCOM\CORRESP\Mwingmemos\savepackcts2.wpd