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HomeMy WebLinkAboutWA-11-057500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 ® City of i Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 5474 W. 35` Avenue referenced as Case No. WA -11 -05 / Rae; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section 26 -115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26 -109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a 264 - square foot variance from the 600 - square foot maximum building size for the purpose of constructing an 864 - square foot detached garage on property in the Residential -One C (R -1C) zone district (Case No. WA -11 -05 / Rae) is granted for property located at 5474 W. 35 Avenue, based on the following findings of fact: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The alleged hardship has not been created by any person presently having an interest in the property. 4. The request would not be detrimental to public welfare. 5. The request is consistent with the existing conditions in the surrounding area, as a majority of the homes in the area have detached garages and several are oversized. 6. No objections were received regarding the variance request. With the following conditions: 1. The design and architecture of the proposed garage be similar in character to the existing house, subject to staff review and approval through review of a building permit. 2. The proposed garage be constructed no closer than 10 feet from the rear (southern) property line. 3. No additional accessoXy structures (major or minor) may be constructed on the property, under the current A -I zoning. Date Community Development Director A 4� Cit CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: May 16, 2011 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: WA -11 -05 / Rae ACTION REQUESTED: Approval of a 264 - square foot (44 %) variance from the 600 - square foot maximum building size for a major accessory structure on property located at 5474 W. 35 Avenue and zoned Residential -One C (R -1 C) LOCATION OF REQUEST: 5474 W. 35 Avenue APPLICANT (S): Joel Rae OWNER (S): Joel Rae APPROXIMATE AREA: 12,500 Square Feet (0.29 Acres) PRESENT ZONING: Residential -One C (R -1 C) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site Administrative Variance Case No. WA -11 -051 Rae All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. I. REQUEST The applicant is requesting approval of a 44% (264 - square foot) variance from the 600 - square foot maximum building size for a major accessory structure resulting in an 864 - square foot garage. The purpose of this variance is to allow for the construction of a two -car detached garage in the southeast corner of the property. Section 26 -115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for administrative variances from the strict application of the zoning district development standards that are not in excess of fifty (50) percent of the standard. II. CASE ANALYSIS The applicant, Joel Rae, is requesting the variance as the property owner of 5474 W. 35 Avenue. The variance is being requested so that the applicant may construct a two -car detached garage in the southeast corner of the property. The applicant would like to construct the garage to replace a dilapidated, nonconforming shed and to provide covered parking. The property is a corner lot with frontage on W. 35 Avenue and Chase Street; in addition, an alley runs along the eastern property line. The parcel is zoned Residential -One C (R -1 C), a zone district that provides for high quality, safe, quiet and stable, medium- density single - family residential neighborhoods, and prohibits activities of any nature which are incompatible with the medium- density residential character. The subject property is surrounded by a variety of residential zone districts, including R- 1 A and R -1B to the north, R -1C to the west and south, and R -3 to the east (Exhibit 1 Zoning Map). The parcel has an area of 12,500 square feet and currently contains a one -story single - family home that was built in 1909 according to Jefferson County records. The home is located in the northwest corner of the lot, and a paved driveway extends along the eastern side of the structure (Exh':bit 2, Aerial). Currently, there is no garage or covered off - street parking on the property. The only accessory structure on the property is a nonconforming, 400 - square foot shed that is currently located in the southeast corner of the lot, within the rear setback. The shed existed at least as early at 1973 (based on permit files) and is slated for removal to make room for a detached garage. The proposed garage is 24' x 36' and would be constructed at the southeast corner of the property within the minimum 5 -foot rear and side yard setbacks for accessory structures in R -1 C (Exhibit 3, Site Plan),. The subject property is located in the Columbia Heights subdivision which was platted in 1889. The recorded plat shows that all lots in the subdivision are 25 feet wide. Since then, these lots have been combined into larger parcels that are more appropriate for modern residential development. Most parcels in the neighborhood consist of two (2) 25 -foot lots and contain single family homes. Administrative Variance Case No. WA -11 -05 /Rae Most properties in the Columbia Heights subdivision are zoned R -1 C, which is well- suited to parcels that are made up of two smaller lots. The parcel at 5474 W. 35 Avenue, however, includes four of the original 25 -foot lots and is two and one half times the minimum size established by the R -1 C development standards. Minimum lot area is 5,000 square feet in R -1C and minimum lot width is 50 feet; yet the subject property has an area of 12,500 square feet and a width of 125 feet along W. 35 Avenue. Total building coverage with the proposed garage would be about 17 0 /&— well below the maximum 40% allowed in R -1 C. The following table compares the required R -1C development standards with the actual and proposed conditions: R -1 C Development Standards: Required Actual Lot Area 5,000 square feet (min) 12,500 square feet rLot Width 50 feet (min) 125 feet Major Accessory Structures: Required Proposed Garage Building Size 600 square feet max 864 square feet Front Setback 20 feet (min) 59 feet Side Setback 5 feet (min) 5 feet Rear Setback 5 feet (min) 5 feet During the public notification period no objections were received. One neighbor contacted staff to learn more about the proposal; he expressed support for the location of the proposed garage and had no objections related to the variance request. III. VARIANCE CRITERIA In order to approve an administrative adjustment, the Community Development Director must determine that the majority of the "criteria for review" listed in Section 26- 115.C.4 of the City Code have been met. The applicant has provided their analysis of the application's compliance with the variance criteria (Exhibit 4; Criteria Response). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not 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 were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a single - family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the locality. The R -1C zone district allows for detached garages, and most homes in the neighborhood have existing accessory structures including garages and sheds. The location of the proposed garage is in the southeast corner of Administrative Variance Case No. WA -11 -051 Rae the property which would largely conceal the structure from view because of an existing fence and landscaping (Exhibit 5, Site Photos). Although there is no precedence of variance approvals for building size in this neighborhood, there are several properties in the area with detached garages that exceed 600 square feet in size. For example, three properties within the same block have detached garages that are 840 sf, 768 sf, and 672 sf respectively. These properties are also zoned R -1 C and are half the size of the subject parcel. In other zone districts— including R -1, MA, and R -2 —a single - family residential property of this size would be allowed to construct a major accessory structure up to 1,000 square feet, however a 10 -foot rear setback would be required. In this case, staff recommends a 10 -foot rear setback for the proposed garage to offset the impact of the variance request on the neighboring property and to preserve the character of the neighborhood. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property, which would not be possible without the variance. A detached garage that provides covered off - street parking is expected to add value to the property. While a smaller garage would not require a variance, this alternative would not be as substantial an investment. An attached garage of the same size is a second alternative that may not require a variance, but this option is likely a cost - prohibitive investment. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results 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. The unique hardship of the subject property relates to the unusually large parcel size for the R- 1 C zone district. The parcel is 12,500 square feet in area —two and one half times the minimum size established by the R- 1 C development standards. In other zone districts — including R -1, R-1 A, and R -2 —a single - family residential property of this size would be allowed to construct a major accessory structure up to 1,000 square feet. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship described above was not created by the current property owner or any person currently having an interest in the property. The current owner purchased the parcel in September 2000, and thus is not responsible for the existing conditions of the property. Administrative variance Case No. WA -11-05 /Rae Staff finds this criterion has been met. 6. The granting of the variance would not 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, substantially or permanently impairing the appropriate use or development of adjacent property, 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. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets. Nor would it cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. The request will not diminish or impair property values within the neighborhood. The proposed garage may in fact have a positive affect on the neighborhood and allow covered storage of large items and vehicles that are currently stored in the driveway. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Two conditions in the neighborhood may necessitate the request for a variance. The first condition relates to lot size. The neighborhood was subdivided in 1889 into 25 -foot wide lots. Since then, all lots have been combined into larger parcels that are more appropriate for modern residential development. Most parcels in the neighborhood consist of two (2) 25 -foot lots, but several are even larger, including the subject property. These larger properties significantly exceed the R- 1 C development standards for single family homes and may be appropriately suited for larger accessory structures. The second condition in the neighborhood relates to existing nonconforming structures. Several properties in the area have existing detached garages that exceed the maximum building size of 600 square foot. Based on data from the Jefferson County Assessor, there are at least nine other properties within two blocks that have oversized detached garages. These properties are also zoned R -1C and have major accessory structures ranging in size from 615 to 852 square feet. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Administrative Variance Case No. WA -11 -05 /Rae Staff finds this criterion is not applicable 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to single and two family dwelling units. Staff finds this criterion is not applicable IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a 264 - square foot (44 %) variance from the 600 - square foot maximum building size for a major accessory structure. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends approval for the following reasons: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The alleged hardship has not been created by any person presently having an interest in the property. 4. The request would not be detrimental to public welfare. 5. The request is consistent with the existing conditions in the surrounding area, as a majority of the homes in the area have detached garages and several are oversized. 6. No objections were received regarding the variance request. With the following conditions: 1. The design and architecture of the proposed garage be similar in character to the existing house, subject to staff review and approval through review of a building permit. 2. The proposed garage be constructed no closer than 10 feet from the rear (southern) property line. 3. No additional accessory structures (major or minor) may be constructed on the property, under the current R -1C zoning. Administrative Variance Case No. WA -11 -05 /Rae EXHIBIT ® ZO Administrative Variance Case No. TVA -i1 -05 /Rae EXHIBIT 2: AERIAL Administrative Variance Case No. W_A -11 -O5 /Rue EXHIBIT 3: SITE PLAN M C C6 J A Vt � 'r C A / s I 0° r I Y � r w 9 �a11 V J I � V i Nil VA Administrative Variance 9 Case No. WA -11 -05 /Rae EXHIBIT 4: CRITERIA RESPONSE Written Response For Variance Review A. The purpose of the structure is only for the protection of assets, and at no time is it to be used, in a commercial capacity. The intended use, is as a residential garage, in which to park cars and replace an existing structure, that has a limited capacity, and use potential. B. The building will replace an existing structure, on the South -East corner of the lot. Landscaping on the North side of lot inhibits the view of the inner lot as Intended. The structure will enhance the appearance of the lot rather than diminish. As Its intended purpose, is to replace a dilapidated structure. C. As per Code And Intended purpose, and the dimensions of new structure Require a variance. D. In an effort to maintain the esthetic considerations, on a corner lot and busy street, and build a suitable structure for the intended purpose. The structure has to be put in the South- East corner of the lot. At a location that was in development at the turn of the century; as no consideration applies to suitable modern applicable standards, for intended purpose. E. As required, in consultation with affected parties. There is no difficulty or hardship that would result in the said structure. F. Granting of the variance, will not inhibit other property in any shape or form. The intended purpose reduces concerns raised by congestion of traffic and esthetic considerations. The structure's location is not near an inhabited structure on current, or adjacent property. The inclusion of said structure will raise property value, rather than diminish. G. As the time period of the property, and current time we are in. The structure is consistent with what is available in more modern structures through out the neighborhood, allowing for consistency in the intended purpose. H. At no point would the code requirements or specifications inhibit accessibility to a person with disability's. I. In referencing applicable standards, the said structure is in compliance with the Architectural and Site design Manual. Administrative Variance 10 Case No. WA -11 -05 /Rae EXHIBIT PHOTOS Administrative Variance Case Na. TVA-I L -0.i / Rae I , �of Wheatlidge POSTING CERTIFICATION CASE NO. WA -11 -05 DEADLINE FOR WRITTEN COMMENTS: May 13, 2011 residing at 511 y' W., 35 If AUC Okea` e , jQQ CO &)-NZ (address) as the applicant for Case No. WA -11 -05 , hereby certify that I have posted the sign for Public Notice at 5474 W. 35th Avenue (location) on this 4"' day of May , 2011, and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: �— NOTE: This form must be submitted to the Community Deve pment Department for this case and will be placed in the applicant's case file. 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RAE JOEL J 39- 251 -14 -024 5474 W 35TH AVE WHEAT RIDGE CO 80212 HELEN M WEBER LIVING TRUST 39- 251 -14 -023 4113 WEST CO RD 4 BERTHOUD CO 80513 8505 LAMB JUSTIN L LAMB RICHARD L 3485 CHASE ST WHEAT RIDGE CO 80212 FROSTJASON 3489 CHASE ST WHEAT RIDGE CO 80212 7090 39- 251 -15 -003 39- 251 -15 -002 ROGERS WALTER E JR 39- 251 -15 -001 ROGERS CANDACE L 3495 CHASE ST WHEAT RIDGE CO 80212 7090 MARTINEZ RALPH MARTINEZ LAURA 3501 CHASE ST WHEAT RIDGE CO 80212 LINDQUIST JEANETTE M 3500 CHASE ST WHEAT RIDGE CO 80212 7040 LEGEND PROPERTIES LLC 12415 W 38TH AVE WHEAT RIDGE CO 80033 3840 39- 251 -00 -031 39- 251 -03 -014 7 010 0290 0001 3035 2359 7 010 0290 0001 3035 2427 7 010 0290 0001 3035 2410 7010 0290 0001 3035 2403 7010 0290 0001 3035 2397 7010 0290 0001 3035 2380 7010 0290 0001 3035 2373 39- 251 -14 -026 701 0 2 9 0 0 0 0 1 303 2 3 6 6 a 0 j 1 d City of W heat j�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE May 4, 2011 Dear Property Owner: This is to inform you of Case No. WA -I 1 -05, a request for approval of a 264 square foot variance to the 600 square foot maximum for accessory structures to allow construction of a garage on property zoned Residential -One (R -1 C) and located at 5474 W. 35 Avenue. The applicant for this case is requesting an administrative variance review which allows no more than a fifty percent (50 %) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303 - 235 -2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on May 13, 2011. Thank you. WA1105.doc www.ci.wheatridge.co. us 5E 24 F K D L. P N 1 _,. a a m W 3l PL qq 3]`A 25 3n0 31ss 3]A ]]Is W 3)M AV C -1 LUE13KE PR .0 APT5 31. n WZ-71 -23 ]]45 ¢¢ 3]34 6 � 3115 -1 C :R-3 369]. M 35ss �I ^ ,�v, ^ ssds a Osszs 3w 35ss G sup ez'] 3su x R Z a U m a/ ssl, 3s1z ws 35N s Y`30 '� '^ ssls 3510 } 3A] 3506 N 8 3s,0 3ws 35W '� m: $ '� 5 ]501 sso 3sw 3w1 3 W 35TNAVE- :"_:. ".' 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D9 DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 C�, R 3 J G h r L R- 3zm m� " $ 3P0 .� a3 325J 326s 3463X R -3 32`.5 7, 3260 a 3 n g €€ R -1C cup -w -1 ty 3ze1 e7 6 n R -3 3215 8 N 5E 25 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) --- WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 25 0 100 200 X00 400 Feet ro. D9 DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 ]390 N G h r L R- 3zm 3ze1 3P0 ]J69 325J 3265 3463X R -3 32`.5 7, 3260 a 3 n FIN 3TJ 3ze1 e7 5E 25 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) --- WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 25 0 100 200 X00 400 Feet ro. D9 DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 ]390 320] 9 3292 n $ r 3260 e 3 n 3z]a 3ze1 3Z� Ozu 3269 4 ' 324 3n1 3253 3352 3139 3255 0 3261 T 1 3233 r 3245 b ^ 3243 32ds v W 3Zb 21J 3u1 3215 S ( f A 33 11 3A] 0 5E 25 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGINATES OWNERSHIP) --- WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NE 25 0 100 200 X00 400 Feet ro. 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It Is not necessarily accurate by surveying standards. DO NOT USE FOR LEGAL CONVEYANCE. Subsequent editions with updated information will be published on a continual basis. Therefore, the information contained on this map may be modified or altered. 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Jim Everson Assessor Variance Request Worksheet Address /Proposal: Notes: r,,I Meets Does not N/A t X01 i) meet V- -1 A/1 The property would not yield a reasonable return in use, service or income under the current conditions !/ B/2 The variance would not alter the essential character of the locality C/3 The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance The particular physical surrounding, shape or topographical condition of the D/4 specific property results in a particular and unique hardship (upon the owner) ✓ Sl as distinguished from a mere inconvenience E/5 If there is a particular or unique hardship, the alleged difficulty or hardship has V/ not been created by any person presently having an interest in the property. F/6 The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood G/7 The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property H/8 Granting of the variance would result in a reasonable accommodation of a person with disabilities 119 The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual TOTAL Notes: r,,I ��yG`i!WU V J/ t X01 i) - 3x V- -1 NJ 04/18/2011 Property appraisal system Property J Information 1 OF 1 GENERAL INFORMATION Schedule: 021818 Parcel ID: 39- 251 -14 -024 Print Help Status: Active Property Type: Residential Property Address: 05474 W 35TH AVE Owner Names) WHEAT RIDGE CO 80212 RAE JOEL J Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 2412 - LAKESIDE, STEWART GARDENS, OLINGER GARDENS PROPERTY DESCRIPTION Subdivision Name: 146600 - COLUMBIA HEIGHTS E 9 1 Assessor Parcel Maps Associated with Schedule Graphic Parcel Mao Ma oOuest Location man39 251 pdf PROPERTY INVENTORY Property Type RESID Year Built: 1909 Adjusted Year Built: 1909 Design: 1 1/2 Story Improvement Number::1 v!. Item Quality NO. MAIN BEDROOM BSMT HOT WTR 3 FULL BATH '.Fair '.1 1/2 STORY TOT .Adjustment Code 'I Adjustment Sq Ft'',, HOT WTRHEAT '1250 Sqft BSMT HOT WTR 1768 Areas JQ,ality Construction Sqft FIRST FLOOR Fair F 1866 CONVER01 1/2 STORY TOT Fair F 384 1/2 STORY FIN BSMT TOTAL Fair Fair Quit Claim Deed 384 768 COVER PORCH Fair Quit Claim Deed 129 COVERED PORCH Low Warranty Deed - Joint Tenancy 300 RES BLDG /SHED 0 F 400 Sale Date Sale Amount Deed Type '.. Reception 11 -23 -1979 0 Assessed Value' CONVER01 10 -28 -1991 45,000 Warranty Deed 91100978 11 -04 -1991 0 Quit Claim Deed 91105019 03 -02 -1994 0 Quit Claim Deed 94047111 06 -30 -1995 82,500 Warranty Deed - Joint Tenancy F0079036 03 -20 -1998 0 Quit Claim Deed -Joint Tenancy F0603301 11 -16 -1999 0 Quit Claim Deed - Joint Tenancy F0980937 08 -28 -2000 0 Quit Claim Deed F1112596 08 -31 -2000 112,000 Warranty Deed '. F1112597 TAX INFORMATION 2010 Payable 2011 View Mill Levy Detail For Year 2011 2010 10 Mill Levy Information 24. .jefferson .co.us /ats /displaygeneral.do... 1/2 Actual Value Total 203,900 Assessed Value' Tota 1 16,231 10 Mill Levy Information 24. .jefferson .co.us /ats /displaygeneral.do... 1/2 Written Response For Variance Review A. The purpose of the structure is only for the protection of assets, and at no time is it to be used, in a commercial capacity. The intended use, is as a residential garage, in which to park cars and replace an existing structure, that has a limited capacity, and use potential. B. The building will replace an existing structure, on the South -East corner of the lot. Landscaping on the North side of lot inhibits the view of the inner lot as Intended. The structure will enhance the appearance of the lot rather than diminish. As Its intended purpose, is to replace a dilapidated structure. C. As per Code And Intended purpose, and the dimensions of new structure Require a variance. D. In an effort to maintain the esthetic considerations, on a corner lot and busy street, and build a suitable structure for the intended purpose. The structure has to be put in the South- East corner of the lot. At a location that was in development at the turn of the century, as no consideration applies to suitable modern applicable standards, for intended purpose. E. As required, in consultation with affected parties. There is no difficulty or hardship that would result in the said structure. F. Granting of the variance, will not inhibit other property in any shape or form. The intended purpose reduces concerns raised by congestion of traffic and esthetic considerations. The structure's location is not near an inhabited structure on current, or adjacent property. The inclusion of said structure will raise property value, rather than diminish. G. As the time period of the property, and current time we are in. The structure is consistent with what is available in more modern structures through out the neighborhood, allowing for consistency in the intended purpose. H. At no point would the code requirements or specifications inhibit accessibility to a person with disability's. I. In referencing applicable standards, the said structure is in compliance with the Architectural and Site design Manual. R � i r ( '. 1 � T J m � P C c!l r cr C G a� A U R � i r ( '. 1 � T J m � P C c!l r cr C G a� A N O rn O O O m 6 •o a m —OO O J O Q 0 3 M O U O c O 00 r L � 1 r a) O O Ln N � M N � o co � O1 N O R � H W in W W N � � LL O Z = �o U Ou � � O a f 7 F r m W ❑ O W U � W W ~ W r FN LL On LL N ❑ W J a O =O S < W O U) O Q U W J W - ❑ O Q JZm Q Q 2 UI N a O IL W ,rM LL. 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N W V ✓Ui Q Q 2 w W @ _ CL C R• NHF' Ca Z w o W?o> v. I N o O 22 U a' O O a g n K cc' LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29` Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 4,slease print or type all information) VV SY--�-q Applicant GeA Address — � -5-=�st Phone G3 2 f S33 City �no-� dc� State Cu Zip Fax Owner c)OR\ e Address U-• 1'S" /1J Phone l'3 L)�-`7Z3 City 1cc State Zip `Cc' -\ Fax Contact Address (IlSS L- incr J � - Phone `3�3 City ocnygr State Cc. Zip I �v ti Fax 3c_3 MKS -X63 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff n report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Jf'7'1 7R— Location of request I Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval C3 /Waiver (from Section ) ❑ Other: Detailed description of request: 9(e`( 5 V t , -AACt 4- vti6r{ 4 wza 1 & P- 6 ' — iv Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power -of- attorney om the o er which f this action on his behalf. VNA Signature of Applicant �FI Subscribed : wgr�tpgr�gp his day of �T , 201_ N. � . P UBLIC •• ry Publi 9 TH• Oe commission expires 5 t� To be filled out by staff.- hhh Date received ��� Fee $_'206 % Receipt No. �O Comp Plan Desig. Zoning /� –/ Quarter Section Map Related Case No. Pre -App Mtg. Date ' Case Manager I City of LAND USE APPLICATION FORM Case No. WA1105 Date Received Related Cases Case Planner Case Description 1264 square foot variance to the maximum allowed for a detached garage Afip&-.W lldnfAM&W I Name Joel Rae Name Phone F(303 �35 Address 15474W.35th Ave. city W Ridge State CO ] zip Name Joel Rae Name Phone F(3 — 1 Address 15474 W. 35th Ave. Cit FWheat — Rid ge - ] st [CD Zi Cewt�tkdamzyhm Name I FK — on S�ieddl --------- I N ame Phone (3=03):2jB620— E Address 4755 Lipan St. City State To ] Zip F2�� enver City — Wheat B Fdge -1 State Address E74 Street RestjbthAVenue I L zi p 99 - Location Description 1 Project N ame Parcel No. 39-251-14-024 Qtr Section: fNIE25 District No.: )7&yJ;AW Pfe-App Date Review Type Neighborhood Meeting Date [_= App No: I ReviewBody CITY OF WHEAT RIDGE 95/82/11 4 PH edbb JOEL J RAE RECEIPT NO.CDE1006135 AMOUNT FMSD ZONING APPLICATION F 200.00 ZONE PAYMENT RECEIVED AMOUNT CK 2664 200.00 TOTAL 200.00 Review Date Disposition Comments Report ❑ ❑ 7 City of Wheat 'ge COMMUNITY DEVELOPMENT Memorandum TO: Ken Johnstone, Community Development Director FROM: Lauren Mikulak, Planner I DATE: April 21, 2011 SUBJECT: Potential Administrative Variance — 5474 W. 35 th Avenue The owner of the single family residence at 5474 W. 35th Avenue has proposed construction of an 864 - square foot detached garage in the southeast corner of the property. The proposal requires a 44% (264 - square foot) variance from the 600 - square foot maximum building size for a major accessory structure in R -1C. Before submitting a land use application and fee, the contractor (on behalf of the owner) has requested a courtesy review of the variance request. This memo contains a summary of the existing and proposed conditions, as well as a brief analysis of the variance criteria. After reviewing this memo, please provide input as to the likelihood of approval of a 44% (264 - square foot) variance from the 600 - square foot maximum for a major accessory structure. Summary of Existing and Proposed Conditions The property located at 5474 W. 35th Avenue is zoned Residential -One C (R -1C) and has an area of 12,500 square feet. The parcel currently contains a one and one -half stor single - family home that, according to Jefferson County records, was built in 1909. The property is a corner lot with frontage on W. 35 Avenue Chase Street; an alley runs along the eastern property line '(Fx The home is locat d in the northwest comer of the lot, and a paved driveway extends along the east side of the struc e. Currently, there is no garage or covered off - street parking on the property. A nonconforming 400 - square foot shed is currently located in the southeast corner within the rear setback. The shed existed at least as early at 1973 (based on permit files) and is slated for removal to make room for a detached garage. The proposed garage is 24' x 36' and would be located at southeast corner of the property within the minimum 5- foot rear and side yard setbacks for R 1 C (E . The subject property is located in the Columbia Heights subdivision which was platted in 1889. The recorded plat shows that all lots in the subdivision are 25 feet wide. Since then, these lots have been combined into larger parcels that are more appropriate for modern residential development. Most parcels in the neighborhood consist of two (2) 25 -foot lots and contain single family homes. The neighborhood is primarily zoned R -1 C which is well- suited to parcels that are made up of two smaller lots. The parcel at 5474 W. 35' Avenue, however, includes four of the original 25 -foot lots and is two and one half times the minimum size established by the R- 1 C development standards. Minimum lot area is 5,000 square feet in R -1C and minimum lot width is 50 feet. The subject property has an area of 12,500 square feet and a width of 125 feet along W. 35 Avenue. Total building coverage with the proposed garage would be about 17 1 /o- well below the maximum 40% allowed in R -IC. Variance Criteria The potential applicant has supplied site plans and responses to the variance criteria; below is an initial analysis of how each criterion is fulfilled. 1. The property in question would not 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 were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a single - family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the locality. The RAC zone district allows for detached garages, and most homes in the neighborhood have existing accessory structures including garages and sheds. The location of the proposed garage is in the southeast corner of the property which would largely conceal the structure from view because of existing fencing and landscaping (Exhibit 3, Site Photos). Although there is no precedence of variance approvals for building size in this neighborhood, there are several properties in the area with detached garages that exceed 600 square feet in size. For example, three properties within the same block have detached garages that are 840 sf, 768 sf, and 672 sf respectively. These properties are also zoned R- 1 C and are half the size of the subject parcel. Adjacent to the subject parcel, are properties zoned R -IA, R -113, and R -3, and the proposed garage is appropriate in this setting. Staff finds this criterion has been met 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property, which would not be possible without the variance. A detached garage that provides covered off - street parking is expected to add value to the property. While a smaller garage would not require a variance, this alternative would not be as substantial an investment. An attached garage of the same size is a second alternative that may not require a variance, but this option is probably a cost - prohibitive investment. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results 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. The unique hardship of the subject property relates to the unusually large parcel size for the R -1C zone district. The parcel is 12,500 square feet in area —two and one half times the minimum size established by the R -1C development standards. In other zone districts — including R -1, R-1 A, and R -2 —a single - family residential property of this size would be allowed to construct a major accessory structure up to 1,000 square feet. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship described above was not created by the current property owner or any person currently having an interest in the property. The current owner purchased the parcel in September 2000, and thus is not responsible for the existing conditions of the property. Staff finds this criterion has been met. 6. The granting of the variance would not 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, substantially or permanently impairing the appropriate use or development of adjacent property, 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. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets. Nor would it cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. The request will not diminish or impair property values within the neighborhood. The proposed garage may in fact have a positive affect on the neighborhood and allow covered storage of large items and vehicles that are currently stored in the driveway. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Two conditions in the neighborhood may necessitate the request for a variance. The first condition relates to lot size. The neighborhood was subdivided in 1889 into 25 -foot wide lots. Since then, all lots have been combined into larger parcels that are more appropriate for modern residential development. Most parcels in the neighborhood consist of two (2) 25- foot lots, but several are even larger, including the subject property. These larger properties significantly exceed the R- 1 C development standards for single family homes and may be appropriately suited for larger accessory structures. The second condition in the neighborhood relates to existing nonconforming structures. Several properties in the area have existing detached garages that exceed the maximum building size of 600 square foot. Based on data from the Jefferson County Assessor, there are at least nine other properties within two blocks that have oversized detached garages. These properties are also zoned R- 1 C and have major accessory structures ranging in size from 615 to 852 square feet. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to single and two family dwelling units. Staff finds this criterion is not applicable Based on an initial analysis, it appears that an application to allow a 44% (264 - square foot) variance from the 600 - square foot maximum building size for a major accessory structure would meet a majority of the criteria. If the variance is approved, the following conditions are recommended: - The design and architecture of the proposed garage be similar in character to the existing house, subject to staff review and approval through review of a building permit. - No additional accessory structures (major or minor) may be constructed on the property. Exhibit 1 Aerial of 5474 W. 35 Avenue Exhibit 2 Proposed Site Plan r^ d � 7 P J !n � d T � Ln o/ 7 J 3 h � m Exhibit 3 Site Photos 5474 W. 35 Avenue (looking south) Proposed garage replaces the existing shed in the southeast corner