HomeMy WebLinkAboutWA-11-07�, +�( I City of
WheatMidge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
July 14, 2011
Mr. Joe Matyk
P.O. Box 1908
Crested Butte, CO 81224
Re: Case No. WA- 11 -07(B)
Dear Mr. Matyk:
Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
Attached please find notice that your modified request for a 5 -foot variance from the 10 -foot rear
yard setback was approved for construction of a detached garage on property located at
2991 Marshall Court. Enclosed is a copy of the Approval of Variance.
You are now welcome to contact the Building Division to modify your building permit for
construction of the garage. Please feel free to be in touch with any further questions.
Sincerely,
yzw��
Lauren Mikulak
Planner I
wwwxi.wh eatridgexo.us
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
City of
` 4 _ 7
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 2991 Marshall
Court referenced as Case No. WA- 11 -07B / Up Above Builders; 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 5 -foot variance from the 10 -foot rear yard
setback requirement, resulting in a 5 -foot rear yard setback for the purpose of constructing a
detached garage on property in the Residential -Two (R -2) zone district (Case No. WA- 11 -07B /
Up Above Builders), is granted for property located at 2991 Marshall Court, 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. Existing easements on the property significantly reduce the buildable area of the lot.
4. The alleged hardship has not been created by any person presently having an interest in the
property.
5. The request would not be detrimental to public welfare.
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.
7 -0 -1
Date
Community D�Jelopment Director
11�1 � A 4'
® ® City 01
r Wheat�idge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
M13
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED:
Community Development Director DATE: July 11, 2011
Lauren Mikulak
WA- 11 -07(B) / Up Above Builders
Approval of a 5 -foot variance from the 10 -foot rear yard setback requirement
on property located at 2991 Marshall Court and zoned Residential -Two (R -2)
LOCATION OF REQUEST: 2991 Marshall Court
APPLICANT (S): Up Above Builders, LLC / Joe Matyk
OWNER (S): Up Above Builders, LLC
APPROXIMATE AREA: 10,514 Square Feet (0.24 Acres)
PRESENT ZONING: Residential -Two (R -2)
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 -07(B) /Up Above Builders
JURISDICTION:
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 5 -foot (50 %) variance from the 10 -foot rear yard setback
requirement resulting in a 5 -foot rear setback. The purpose of this variance is to allow for the
construction of a two -car detached garage on the west side 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.
IL CASE ANALYSIS
The applicant, Up Above Builders LLC, is requesting the variance as the property owner of
2991 Marshall Court. This variance application is a modified version of the original request —the
variance will allow the applicant to construct a 24' x 24' detached garage on the west side of the
existing single - family home (Exhibit 1, Aerial).
The property is zoned Residential -Two (R -2), a zone district that provides for high quality, safe, quiet
and stable low to moderate - density residential neighborhoods, and prohibits activities of any nature
which are incompatible with the residential character. To the immediate east, west, and south of the
subject property are parcels zoned R -2; to the north are properties zoned Residential -One C (R -1 C). In
addition to single - family homes, there is also a church and private school within close proximity of the
subject property (Exhibit 2, Zoning Map).
The parcel has an area of 10,514 square feet and currently contains a one story single - family home that
was originally constructed in 1951, according to Jefferson County records. The home is located on the
north side of the lot, only 2 feet from the northern property line. A paved parking pad exists on the
southeast side of the lot. Currently, there are no garage or accessory structures on the property (Exhibit
Site Photos).
The variance request is a modified version of an approved variance request. In May 2011, the
applicant applied for an administrative variance (Case No. WA- 11 -07) and received approval for the 5-
foot rear yard setback variance (Ezlibif4, , ApprovalFor » i). The proposed garage was located at an
angle from the eastern property line, resulting in only a small portion of the garage in the setback:
about 32 square feet. Approval of the variance request included the condition that "the garage be
constructed in substantially the same orientation as represented on the site plan to minimize the
encroachment into the setback."
A building permit was issued on June 10, 2011, per Case No. WA- 11 -07. The applicant has since
established a need to reorient the detached garage and a modified site plan was submitted. Because the
location of the garage has been substantially amended, the applicant seeks approval of the modified
application.
Administrative Variance
Case No. WA- 11 -07(B) /Up Above Builders
The size of the variance request has not changed, but under the modified design, the garage is proposed
to be located parallel to the rear property line such that 120 square feet of the garage encroach in the
setback (Exhibit5, Site Plan).
The applicant has submitted a letter that outlines the reasons for the amended variance request
(Exhibit 6, Letter,ofRequest). Primary among these reasons is that Denver Water has been unable to
identify the exact location of a 60 -foot wide easement that bisects the property (Exhibit '7, Recorded
Plat). In the original site plan (WA- 11 -07), the garage was located along the edge of the easement. To
ensure the permanent garage structure does not conflict with the easement, the applicant has been
advised to move the garage. A proposed driveway will still have to cross the easement, but it is not
considered a permanent structure and may be installed at the applicant's own risk.
The water easement significantly reduces the developable area of the subject property: only 3,500
square feet of buildable area remains outside of water and utility easements (Exhibit8, Buildable
Area). In addition, the property abuts a cul -de -sac bulb, further constraining alternative locations for
the garage.
The R -2 zone district requires a 10 -foot rear yard setback for major accessory structures over 10 feet in
height. The total width between the existing home and the western property line is about 36 feet. If
the proposed garage was constructed without a variance request, only 2 feet would remain between the
garage and the home.
The variance request will result in a 5 -foot rear yard setback, and the proposed garage will meet all
other development standards including height and maximum size. The parcel meets minimum
standards for the R -2 zone district. The following table compares the required R -2 development
standards with the actual and proposed conditions:
R -2 Development Standards:
Required
Actual
Lot Area
9,000 square feet (min)
10,514 square feet
Lot Width
75 feet (min)
114 feet (avg width)
Major Accessory Structures:
Required
Proposed Garage
Building Size
1,000 square feet (max)
576 square feet
Height
15 feet (max)
12 'A feet
Front Setback
10 feet (min)
55 feet
Side Setback
5 feet (min)
7 % feet
Rear Setback
10 feet min
5 feet
No objections were received during the public notification period for the original variance request
(Case No. WA- 11 -07). One neighbor contacted staff for more information on the applicant's proposal;
he had no objections regarding the variance request.
Because the site plan was substantially amended for Case No. WA- 11 -07B, all adjacent property
owners were notified of the change and the property was reposted. During the second public
notification period, staff received neither inquiries nor objections to the amended plans. The applicant
expressed that outreach was conducted to explain the change to adjacent neighbors.
Administrative Variance
Case No. WA- 11 -07(B) /Up Above Builders
III. VARIANCE CRITERIA
In order to approve an administrative variance, 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 addressed the application's compliance with the variance criteria (Exhibit 6,'
Letter of Re4uest). 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 -2 zone district allows for
detached garages, and the surrounding homes have existing accessory structures, including
garages, carports, and sheds. An existing fence on the west side of the subject parcel will
largely conceal the garage from the neighboring property that is most directly affected by the
variance request (Exhibit 3, Site Photos).
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 off - street covered parking is
expected to add value to the property.
An alternate location that minimizes the encroachment in the setback has been discouraged by
Denver Water who maintains and easement across the property. If constructed without a
variance request, a the garage would be only 2 feet from the home and would not meet
minimum separation requirements.
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 hardships on the subject property relate directly to the shape of the lot and the
easements that encumber development. The combined effects of the cul -de -sac bulb, a 60 -foot
water easement, and a 5 -foot utility easement leave only about 3,500 square feet of buildable
Administrative Variance
Case No. WA- 11 -07(B) / Up Above Builders
area (EFh I ibit 8, y ldable Arga). Because no permanent structures may be constructed in the
easements, locating a garage on the site becomes difficult.
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. Based on recorded subdivision plats, the 60 -foot
easement existed at least as early as 1952. The current owner purchased the property in
April 2011, 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. It would not 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 vehicles that have previously been parked in or near the public right -of -way.
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.
The 60 -foot easement that necessitates the variance request is not unique to the subject
property. Plat documents for the surrounding subdivisions show that the easement bisects
multiple lots in area, including in the Jalamar and Stebbin's subdivisions. Aerial images show
how the easement has resulted in unusual placements of structures on some lots (Exlazlift'
Neigbborhood Conditions).
Staff finds that this criterion has been met.
Administrative Variance
Case No. WA- 11 -07(B) /Up Above Builders
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
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the review criteria, staff recommends
APPROVAL of a 5 -foot (50 %) variance from the 10 -foot rear yard setback requirement. 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. Existing easements on the property significantly reduce the buildable area of the lot.
4. The alleged hardship has not been created by any person presently having an interest in the
property.
5. The request would not be detrimental to public welfare.
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.
Administrative Variance
Case No. WA- 11 -07(B) /Up Above Builders
EXHIBIT 1: AERIAL
Administrative Variance
Case No. IJA- 11 -07(B) /Up Above Builders
EXHIBIT 2: ZONING MAP
Administrative Variance
Case No. WA- 11 -07(B) /Up Above Builder
EXHIBIT 3: SITE PHOTOS
Administrative Variance
Case No. WA- /1 -07(B) / Up Above Builders
EXHIBIT 4: APPROVAL
7606 West 29th Avenue I _ City of
Wheat Ridge, Colorado 80033 `r" )VheatPdoe
303.236.2846 Fax: 303.236.2867 za
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 2991 Marshall
Court referenced as Case No. WA -11-07 / Up Above Builders; 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 5 -foot variance from the 10 -foot rear yard
setback requirement, resulting in a 5 -foot rear yard setback for the purpose of constructing a
detached garage on property in the Residential -Two (R -2) zone district (Caso No. WA -11-07 / Up
Above Builders), is granted for property located at 2991 Marshall Court, based on the following
findings of fact:
I . 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. Existing easements on the property significantly reduce the buildable area ofthe lot.
4. The alleged hardship has not been created by any person presently having an interest in the
property-
S. The request would not be detrimental to public welfare.
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 througli review of a building permit.
2. The garage be constructed in substantially the same orientation as represented on the site
plan to minimize the yncroachrnent into the setback.
T-17-11
Date
Community DcLklopmattt Director
Administrative Variance 10
Case No. WA- 11 -07(B) /Up Above Builders
EXHIBIT 5: SITE PLAN
Modified Site Plan
Submitted for WA- 11 -07(B)
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Building Elevations
Administrative Variance
Case No. WA- 11 -07(B) /Up Above Builders
SIDE ELEVATION
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Administrative Variance
Case No. WA- 11 -07(B) /Up Above Builders
SIDE ELEVATION
11
FRONT ELEVATION
EXHIBIT 6: LETTER OF REQUEST
AMENDED REQUEST (July 2011)
Administrative Variance 1
Case No. WA- 11 -07(B) /Up Above Builders
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Administrative Variance 1
Case No. WA- 11 -07(B) /Up Above Builders
[Exhibit 6, continued]
ORIGINAL REQUEST (May 2011)
Administrative Variance 13
Case No. WA- 11 -07(B) /Up Above Builders
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Administrative Variance 13
Case No. WA- 11 -07(B) /Up Above Builders
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EXHIBIT 7: RECORDED PLAT
B LAIR SUBDIVISION
A 1kE5UbOIV151OMOF A PORTION OF LOT2 BLOCKS NENDER5WW3 5USDIVISIOU AMENDED FILING
LOCATED INTNE 5WY4 OF SECTION 25,T35. A69W
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(yellow) bisecting the entire subdivision, including a significant portion of the subject property.
Administrative Variance 14
Case No. WA- 11 -07(B) /Up Above Builders
EXHIBIT 8: BUILDABLE AREA
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Administrative Variance 15
Case No. iVA- 11 -07(B) / Up Above B:tilders
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POSTING CERTIFICATION
CASE NO. W A ( 0
DEADLINE FOR WRITTEN COMMENTS: July 8.2011
1 c� / " \1,4- Z c e t
(name) Nv iio' ` "°
residing at i "tom' �'� -� ��cli7� _ C 6
( a d d r e s s )
as the applicant for Case No. � 1- 6 � , hereby certify that I have posted the sign for
Public Notice at 2991 Marshall Court
(location)
on this 29 day of June , 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
MAP
the map below.
Signature: S 4 '
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
�&14-11- 0 -7('6�
UP ABOVE BUILDERS LLC
PO BOX 1908
CRESTED BUTTE CO 81224
VANDEBURGH BENJAMIN B
VANDEBURGH HEATHER A
2998 NEWLAND ST
WHEAT RIDGE CO 80214
CLEMENT D & JACQUELINE A
BISANT TRUST THE
2980 NEWLAND ST
DENVER CO 80214 8038
BORYS MICHAJLO
2955 MARSHALL CT
WHEAT RIDGE CO 80214
DAVID L HARLOR TRUST
FLORENCE E HARLOR TRUST
7450 E 6TH AVE
DENVER CO 80230
FISHER DAVID L
FISHER NANCY E
2990 MARSHALL CT
WHEAT RIDGE CO 80214
SNYDER KURT E
SNYDER TAMERA
6530 W 30TH AVE
WHEAT RIDGE CO 80214
KAUFMAN NOAH H
6550 W 30TH AVE
WHEAT RIDGE CO 80214
BLOOM ALAN
BOHLINE SUE
PO BOX 19765
BOULDER CO 80308
39- 253 -11 -009
7011 0470 0002 3336 0919
39- 253 -11 -004 7011 0470 0002 3336 0902
39- 253 -11 -003 7011 0470 0002 3336 0896
39- 253 -11 -010 7011 0470 0002 33_ 36 0889
39- 253 -11 -011
7011 0470 0002 3336 08?2
39- 253 -11 -012
39- 253 -11 -008
7011 0470 0002 3336 0865
7011 0470 0002 3336 0858
39- 253 -11 -007
7011 047 0002 3336 0841
39- 253 -11 -006
7011 0470 0002 3336 0834
9
` City of
`WheatPdge
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
June 29, 2011
Dear Property Owner:
This is to inform you of an amendment to Case No. WA- 11 -07. Case No. WA -11-
07 is a request for approval of a 5' variance to the 10' rear setback for a garage on
property zoned Residential -One (R -2) and located at 2991 Marshall Court.
The applicant has modified the site plan associated with the original variance
request. Because the location of the garage has been substantially amended, all
adjacent property owners are being notified of the change.
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 July 8, 2011.
Thank you.
WAI I07B.doc
www.ci.wheatridge.co.us
136.4'
/
ORIGINAL /
SITE FLAN LOT RES]DENCE(E) /
O MB / 2991 MARSHALL COURT
N � /
/ PROPOSED DRIVEWAY
NI /
w /
Existing \
Fence
(Approx.)
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136.W
MODIFIED /
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COMMUNITY DEVELOPMENT Oge
Memorandum
TO: Case File WA -11 -07
FROM: Lauren Mikulak, Planner I
DATE: June 28, 2011
SUBJECT: Variance Request — Resubmittal
Case WA -11 -07 was a request for approval of a 5 -foot variance from the 10 -foot rear setback for
a detached garage in R -2. The variance request was approved on May 27, 2011 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 garage be constructed in substantially the same orientation as represented on the
site plan to minimize the encroachment into the setback.
A building permit was approved by planning per WA -1 1 -07, and on June 10, 2011 a building
permit was issued for construction of the garage in accordance with the variance request.
On June 27, 2011 the property owner submitted to the Building Division a request to modify the
site plan. Because the 60 -foot easement could not be located by surveyors, the property owner
wants to re -orient the garage. The variance request remains the same (a 5 -foot variance the 10-
foot rear setback), but because the modified site plan is a significant departure from the site plan
submitted for the variance, the applicant is required to repost the variance request.
The original and modified site plans are shown below. The applicant will repost the property
and pay another fee for the processing of an administrative variance ($200). The case number
for the modified site plan is WA- 11- 07(B).
ORIGINAL —Case No. WA -11 -07
MODIFIED — Case No. WA- 11 -07(B)
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bar tonconstrucbonservices @gmail.com
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BCS PROJECT # 11 -034
2991 MARSHALL COURT
CITY OF WHEATRIDGE, CO
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BCS PROJECT # 11 -034
2991 MARSHALL COURT
CITY OF WHEATRIDGE, CO
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BARTON CONSTRUCTION SERVICES
Phone: 303.748.3804
bartDnconstructionservices@gmail.com
GARAGE FOUNDATION PLAN
SCALE: �/4" = 1' -0"
VERIFY ALL DIMENSIONS WITH ARCHITECTURAL DRAWINGS.
REFER TO ARCHITECTURAL PLANS FOR ADDITIONAL DETAILS.
BCS PROJECT # 11 -034
2991 MARSHALL COURT
CITY OF WHEATRIDGE, CO
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Phone: 303.748.3804
bartonconstructionservices @gmail.com
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BCS PROJECT # 11 -034
2991 MARSHALL COURT
CITY O F WHEATRIDGE, CO
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2991 MARSHALL COURT
CITY O F WHEATRIDGE, CO
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FRONT ELEVATION
SCALE: Ya" = 1' -0"
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bartonconstructionservices@gmall.com
SIDE ELEVATION
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BCS PROJECT # 11 -034
2991 MARSHALL COURT
CITY OF WHEATRIDGE, CO
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
City of
WheatRdge
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 2991 Marshall
Court referenced as Case No. WA -11 -07 / Up Above Builders; 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 5 -foot variance from the 10 -foot rear yard
setback requirement, resulting in a 5 -foot rear yard setback for the purpose of constructing a
detached garage on property in the Residential -Two (R -2) zone district (Case No. WA -11 -07 / Up
Above Builders), is granted for property located at 2991 Marshall Court, 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. Existing easements on the property significantly reduce the buildable area of the lot.
4. The alleged hardship has not been created by any person presently having an interest in the
property.
5. The request would not be detrimental to public welfare.
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 garage be constructed in substantially the same orientation as represented on the site
plan to minimiz the croachment into the setback.
K enneth Johns i'c
Date
Community De lopment Director
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED
Community Development Director DATE: May 24, 2011
Lauren Mikulak
WA -11 -07 / Up Above Builders
Approval of a 5 -foot variance from the 10 -foot rear yard setback requirement
on property located at 2991 Marshall Court and zoned Residential -Two (R -2)
LOCATION OF REQUEST: 2991 Marshall Court
APPLICANT (S): Up Above Builders, LLC / Joe Matyk
OWNER (S): Up Above Builders, LLC
APPROXIMATE AREA: 10,514 Square Feet (0.24 Acres)
PRESENT ZONING:
PRESENT LAND USE:
Residential -Two (R -2)
Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
Administrative Variance
Case No. WA-11-071 Up Above Builders
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 5 -foot (50 %) variance from the 10 -foot rear yard setback
requirement resulting in a 5 -foot rear setback. The purpose of this variance is to allow for the
construction of a two -car detached garage on the west side 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, Up Above Builders LLC, is requesting the variance as the property owner of
2991 Marshall Court. The variance is being requested so that the applicant may construct a 24' x 24'
detached garage on the west side of the existing single - family home (Exhibit 1, Aerial).
The property is zoned Residential -Two (R -2), a zone district that provides for high quality, safe, quiet
and stable low to moderate - density residential neighborhoods, and prohibits activities of any nature
which are incompatible with the residential character. To the immediate east, west, and south of the
subject property are parcels zoned R -2; to the north are properties zoned Residential -One C (R -1C). In
addition to single - family homes, there is also a church and private school within close proximity of the
subject property (Exhibit 2, Zoning Map).
The parcel has an area of 10,514 square feet and currently contains a one story single - family home that
was originally constructed in 1951, according to Jefferson County records. The home is located on the
north side of the lot, only 2 feet from the property line. A paved parking pad exists on the southeast
side of the lot. Currently, there is no garage or any accessory structure on the property (Exhibit 3, Site
Photos).
Two notable features significantly reduce the buildable area of the lot. First, the property abuts a cul-
de -sac bulb. Second, a 60 -foot wide easement bisects the property; it contains a water main and is
recorded on the subdivision plat as a "D.M.W.W. Right of Way" (Exhibit 4, Recorded Plat). The
easement consumes a majority of the property and explains the close proximity of the existing home to
the northern property line. In addition, there is a 5 -foot utility easement along the west side of the lot.
A buildable area of about 3,500 square feet is all that remains on the subject property outside of these
easements (Exhibit 5, Buildable Area).
The applicant recently purchased the property in April 2011, and has since contacted the owner of the
right -of -way to discuss current and proposed improvements. A small part of the existing home extends
into the easement and will be allowed to remain, however no new permanent structures may be
constructed within the easement. A proposed driveway will have to cross the easement, but it is not
considered a permanent structure and may be installed at the applicant's own risk.
Administrative Variance
Case No. WA -11 -071 Up Above Builders
Because no permanent structures may be constructed in the easements, the garage is proposed to be
located in the northeast corner of the lot parallel to the 60 -foot easement and tangent to the 5 -foot
easement (Exhibit 6, Site Plan).
The R -2 zone district requires a 10 -foot rear yard setback for major accessory structures over 10 feet in
height. The total width between the existing home and the western property line is about 36 feet. If
the proposed garage was re- oriented parallel to the home, it may be possible to construct the building
without a variance request, however only 2 feet would remain between the garage and the home. In
this scenario, the garage would conflict with an egress window well and the eaves of the primary
structure. In addition, this alternative would consume a larger portion of the lot's buildable area and
reduce the potential for future improvements or additions on the existing home.
Because the garage is proposed to be located at an angle of 26 degrees from the eastern property line,
only a small portion of the garage is proposed to encroach into the setback: about 32 square feet, or
5.5% of the total structure (Exhibit 5, Buildable Area).
The variance request would result in a 5 -foot rear yard setback, and the proposed garage would meet
all other development standards including height and maximum size. The parcel meets minimum
standards for the R -2 zone district. The following table compares the required R -2 development
standards with the actual and proposed conditions:
R -2 Development Standards:
Required
Actual
Lot Area
9,000 square feet (min)
10,514 square feet
Lot Width
75 feet (min)
114 feet (avg width)
Major Accessory Structures:
Required
Proposed Garage
Building Size
1,000 square feet (max)
576 square feet
Height
15 feet (max)
12 '/< feet
Front Setback
10 feet (min)
55 feet
Side Setback
5 feet (min)
20 '/z feet
Rear Setback
10 feet (min)
5 feet
During the public notification period no objections were received. One neighbor contacted staff to
learn more about the variance request; he had no objections regarding the applicant's proposal.
III. VARIANCE CRITERIA
In order to approve an administrative variance, 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 addressed the application's compliance with the variance criteria (Exhibit 7,1
Letter 9 Request). 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.
Administrative Variance
Case No. WA -11 -071 Up Above Builders
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 -2 zone district allows for
detached garages, and the surrounding homes have existing accessory structures, including
garages, carports, and sheds. An existing fence on the west side of the subject parcel will
largely conceal the garage from the neighboring property that is most directly affected by the
variance request (Exhibit 3, Site Photos).
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 off - street covered parking is
expected to add value to the property.
As documented in the case analysis above, a variance request may not be required if the garage
was oriented parallel to the house. This alternative, however, leaves only 2 feet between the
garage and house. It also eliminates a larger portion of the lot's buildable area and diminishes
the possibility of any future improvements to the existing home.
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 hardships on the subject property relate directly to the shape of the lot and the
easements that encumber development. The combined effects of the cul -de -sac bulb, a 60 -foot
water easement, and a 5 -foot utility easement leave only about 3,500 square feet of buildable
area (Exhibit 5, Buildable Area). Because no permanent structures may be constructed in the
easements, locating permanent structures on the site becomes difficult.
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. Based on recorded subdivision plats, the 60 -foot
Administrative Variance
Case No. WA -11 -07 / Up Above Builders
easement existed at least as early as 1952. The current owner purchased the property in
April 2011, 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. It would not 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 vehicles that have previously been parked in or near the public right -of -way.
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.
The 60 -foot easement that necessitates the variance request is not unique to the subject
property. Plat documents for the surrounding subdivisions show that the easement bisects
multiple lots in area, including in the Jalamar and Stebbin's subdivisions. Aerial images show
how the easement has resulted in unusual placements of structures on some lots (Exhibit 8,
Neighborhood Conditions).
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.
Administrative Variance
Case No. WA-11-071 Up Above Builders
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 5 -foot (50 %) variance from the 10 -foot rear yard setback requirement. 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. Existing easements on the property significantly reduce the buildable area of the lot.
4. The alleged hardship has not been created by any person presently having an interest in the
property.
5. The request would not be detrimental to public welfare.
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 garage be constructed in substantially the same orientation as represented on the site plan
to minimize the encroachment into the setback.
Administrative Variance
Case No. WA- 11 -07 /Up Above Builders
EXHIBIT 1: AERIAL
Administrative Variance
Case No. W21-11 -07 / Up Above Buildcts
EXHIBIT 2: ZONING MAP
Administrative Variance
Case No. WA -11 -07 / Up Above Builders
EXHIBIT 3: SITE PHOTOS
Administrative Valance
Case No. WA -11 -07 / Up Above Builders
EXHIBIT 4: RECORDED PLAT
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(yellow) bisecting t h e entire subdivision, including a significant portion of the subject property.
Administrative Variance 10
Case No. iV 1 -11 -07 / U13 Above Builders
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(yellow) bisecting t h e entire subdivision, including a significant portion of the subject property.
Administrative Variance 10
Case No. iV 1 -11 -07 / U13 Above Builders
EXHIBIT 5: BUILDABLE AREA
V EASE
Administrative Variance
Case No. IV21 -11 -07 / Up Above Builders
EXHIBIT 6: SITE PLAN
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Administrative Varianee 12
Case rVo. WA -11 -07 / Up Above Builders
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Administrative Varianee 12
Case rVo. WA -11 -07 / Up Above Builders
EXHIBIT 7: LETTER OF REQUEST
Administrative Variance 13
Case No. {9'A- 11 -071 Up Above Builders
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Administrative Variance 13
Case No. {9'A- 11 -071 Up Above Builders
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POSTING CERTIFICATION
CASE NO. VV A ' ( I
DEADLINE FOR WRITTEN COMMENTS: May 23, 2011
(name) _
residing at o? 95'1 2zfoq-4jM1 CT. l.,Y&7� 7 -.
(address)
as the applicant for Case No. WA '' I_p 3- , hereby certify that I have posted the sign for
Public Notice at 2991 Marshall Court
(location)
on this 13 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. O�
Signature:
NOTE: This form must be submitted to the Communi Oevelop ent Department for this case
and will be placed in the applicant's case file.
MAP
UP ABOVE BUILDERS LLC 39- 253 -11 -009 7011 0470 0002 3336 0032
PO BOX 1908
CRESTED BUTTE CO 81224
VANDEBURGH BENJAMIN B
39- 253 -11 -004
VANDEBURGH HEATHER A� \'
2998 NEWLAND ST
7011 0470 0002 3336 0049
WHEAT RIDGE CO 80214
CLEMENT D & JACQUELINE A
39 -253 -11 -003
BISANT TRUST THE
7011 0470 0002 3336 0056
2980 NEWLAND ST
DENVER CO 80214 8038
BORYS MIC14AJLO
39- 253 -11 -010
2955 MARSHALL CT
7011 0470 0002 3336 0063
WHEAT RIDGE CO 80214
DAVID L HARLOR TRUST
39- 253 -11 -011
FLORENCE E HARLOR TRUST
7011 0470 0002 3336 0070
7450 E 6TH AVE
DENVER CO 80230
FISHER DAVID L
39- 253 -11 -012
7011 0470 0002 3336 008
FISHER NANCY E
2990 MARSHALL CT
WHEAT RIDGE CO 80214
SNYDER KURT E 39- 253 -11 -008
SNYDERTAMERA 7011 0470 0002 3336 0094
6530 W 30TH AVE
WHEAT RIDGE CO 80214
KAUFMAN NOAH H 39- 253 -11 -007
6550 W 30TH AVE 7011 0470 0002 3336 0100
WHEAT RIDGE CO 80214
BLOOM ALAN 39- 253 -11 -006
BOHLINE SUE 7011 0470 0002 3336 0117
PO BOX 19765
BOULDER CO 80308
S Gl d
City of
Wheat] dge
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 13, 2011
Dear Property Owner:
This is to inform you of Case No. WA- 11 -07, a request for approval of a 5 foot
variance to the 10 foot rear yard setback requirement for a garage on property
zoned Residential -Two (R -2) and located at 2991 Marshall Court.
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 23, 2011.
Thank you.
WAl 107.doc
www.cimheatridge.co.us
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2011041039 04125/20 14:46:48 PM
PGS 1 $11.00 DP
Electronically Recorded Jefferson County CO
Pam Anderson, Clerk and Recorder TD1000 Y
PERSONAL REPRESENTATIVE'S DEED
(Sale)
THIS PEED is made by Barbara Howie as Personal Representative off
Estate of Kris Robert Noble (also known as Kris R. Noble, K. R Noble, an
K. Noble) deceased, Grantor, to Up Above Builders, LLC, Grantee, whose
le address is 294)- Ma;shald6oart County ofJafferse
J /V i*w lg09', Ci4r3 - 1aV 61417X- 6lw/ /15
State of Colorado. g/4J�
WHEREAS, the decedent died on the date of February 21, 2010, and the Grantor was duly appointed Personal
Representative of said Estate by the District Court in and for the County of Jefferson and State of Colorado, Probate No.
IOPR0423, on the date of April 15, 2010, and is now qualified and acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does
hereby sell and conveyunto Grantee (Tenancy in Severalty), for and in consideration of One Hundred Thousand Dollars
($100,000) the following described real property situate in the County of Jefferson, State of Colorado;
Lot 6,
Blair Subdivision,
County of Jefferson,
State of Colorado.
DOC FEE $10.00
also known by street and number as: 2991 Marshall Court, Wheat 'dge, Co rado, 80214 -8056
assessor's schedule number: 021617
assessor's parcel number: 39-253-11-009 LJWtVi
With all appurtenances. `U5
wou
Executed: April a 14Z K„
BARBARA HOWIE, Personal Representative of the Estate of
Kris Robert Noble (also known as Kris R. Noble, K. R. Noble,
and K. Noble), Deceased
STATE OF COLORADO )
> ss.
COUNTY OFd SON)
II)EAvv6
Theforegoinginstnmten twos acknowledged before me t day of Aoril' 2011 by Barbara Howie, as Personal
Representative of the Estate of Kris Robert Noble (also known as Kris R. Noble, K. R. Noble, and K. Noble), Deceased.
Witness my hand and official se t. t
My commission expires: R '
.DANA L. LU
NOTARY PUBLIC
91- -
Ae uest fvr U�� /ate
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City of
Wheat Midge
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
Submittal Checklist - Variances (administrative and non - administrative)
Project Name: C% Project Location: 9i/ 7 CT. 440
Applicant: �O Date:
Project Planner: "C IC 1 Fee Paid:
Information to be submitted and accepted with variance applications Plan:
1. Completed, notarized application
2. Fee Z "
✓. Proof of ownership (deed)
4. Power of Attorney (if an agent is acting for property owner)
_
✓ 5. Written request including justification for this request as responses to the evaluation criteria
✓ 6. Survey or Improvement Location Certificate for the property.
✓7. Proposed building elevations
As applicant for this project, I hereby ensure that all of the above requirements have been
included with this submittal. I fully understand that if any one of the items listed on this
checklist has been excluded, the documents will NOT be distributed for City review. In
addition, I understand that in the event any revisions need to be made after the second (2 "
full review, I will be subject to the applicable resubmittal fee.
Signature: w yl � 1 9 Ac Date:
Name (pl ase print): Jac 7* Yk Phone:( 9,; o? 4; % yoo 9
U�RBoui 13v /cvc -mot aC-
Rev. 4/10
www.ci.wheatridgcxo.us
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29 Avenue, Wheat Ridge, CO 80033
Phone (303) 235 -2846
(Please print or type all information)
Applicant (/ , 1 W CAP V, « �Fddress ct�99/ /�?�4l /aa(e C/ • phone
City 6.1# 097 /!/OGF p State CO Zip 86a?/ Fax
Owner dOc �!3 ?Y� o ae G - fdress /0o a�X /9O4? Phore9�o air -3i
City CgeSiZ`V 13 U� 7 State CCU Zip 8 Fax
Contact ✓erC //?,�97Yk Address .54/76 Phone
City State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional infunnation when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): X99/ I IR Cr 4111f�
Type of action requested (check one or more of the actions listed below which pertain to your request)
Application submittal requirements on reverse side
O Change of zone or zone conditions
O Special Use Permit
O Consolidation Plat
O Subdivision: Minor (5 lots or less)
O Flood Plain Special Exception
O Subdivision: Major (More than 5 lots)
O Lot Line Adjustment
O Right of Way Vacation
O Planned Building Group
O Temporary Use, Building, Sign
Cl Site Development Plan approval
O Variance /Waiver (from Section )
O Other:
Detailed description of request: SC' % / CJ/J�II/�FthCE /`'fJ� e;;q/tA6C
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: 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 from the owner w appove� ion on his behalf.
Signature of Applicant P l F �F�
Subsc ed� t�ma�i� �y w 20
y co t) expires x 1
To be filled out by staff.
Date received /�a'��� Fee y, O� Receipt Nol 1 7& Case No. K A i( —0 7
Comp Plan Desig. Zonin F-- Quarter Section Me -55 0
Related Case No. Pre -App Mtg. Date Case Manager p fif,- .[u. (�
City of
' Wheat�idgc'
CommuNuy DEVFLOPMF.NT
LAND USE APPLICATION FORM
Case No. WA1107 Date Received 5 /72 /ZOl l Related Cases Case Planner Mikulak
Case Description 5 ft. rear yard setback
Afip6roWltdomaalion
Name Up Above Buik
Address 2991 MarshallI
Name — Phone C
City Wheat Ridge State
Zip j8
Rxv'er /nJorwafroir
Name JoeMatp __ Name gp::A::b Phone (970J275 -30019
Address IP.O. Box 1908 City Crested Butt State [CO Zip
I Co�rfaof/nJnrma(mvr-
Name [Joe My Name UpAbove Builders, LLC Phone (970] 275 -3009
Address JP.0. Box 1908 City Crested Butte State [CO Zip ( 8122 4-
13Vj tJ1dVfMafwsa
Address. 2991 Street imarshall Court ( city Wheat Ridge State CO Zip 80214 v
Location Description - Project Name 1
Parcel No. 39. 253 - 11.009 I Qtr Section: SW25 District No.:
Rerresrs -
Pre -App Date Neighborhood Meeting Date E App No:
Review Type Review Body Review Date Disposition Comments
3910
CITY OF BNEAT RIDGE
85/12/11 9:34 AM edbb
UP ABOVE BUILDINGS
RECEIPT NO:CDB886176 AMOUNT
FM ZONING APPLICATION F 288.60
PAYMENT RECEIVED AMOUNT
CK 1087 288.88
TOTAL 288.88
ReporC
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