HomeMy WebLinkAboutWA-11-09�I City of
Wheat .ddge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
July 21, 2011
Mr. Jeff Moellentine
10580 W. 46 Avenue
Wheat Ridge, CO 80033
Re: Case No. WA -11 -09
Dear Mr. Moellentine:
7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
Attached please find notice that your request for a 2 -foot variance from the 5 -foot side yard
setback requirement and a 176 - square foot variance from the 400 - square foot maximum building
size for minor accessory structures was approved for the purpose of legitimizing the two existing
sheds on property at 10580 W. 46 Avenue.
There is one condition on the approval:
1. The applicant shall ensure the sheds comply with applicable building codes, as determined by the
Building Inspector through the permitting process.
Enclosed is a copy of the Approval of Variance and staff report. Please note that all variance
requests automatically expire within 180 days of the date it was granted, unless a building permit
for the variance has been obtained within such period of time. In this case, you have already
applied for a building permit, so the Building Division will be in touch with you when the permit
is ready to be issued.
Please feel free to be in touch with any further questions.
Sincerely,
Lauren Mikulak
Planner I
w vxi.wheatridgexo.us
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
b� ® A
I City of
�Wheat
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 10580 W. 46`
Avenue referenced as Case No. WA -11 -09 / Moellentine; 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 2 -foot variance from the 5 -foot side yard setback
requirement and a 176 - square foot variance from the 400 - square foot maximum building size for
minor accessory structures, resulting in a 3 -foot side yard setback and sheds of 576 square feet in
size, for the purpose of legitimizing two sheds constructed on property in the Residential -Two (R-
2) zone district (Case No. WA -11 -09 / Moellentine), is granted for property located at
10580 W. 46` Avenue, based on the following findings of fact:
1. The variance would not alter the essential character of the locality.
2. The applicant has made a substantial investment in the property.
3. The request would not be detrimental to public welfare.
4. The request is consistent with the existing conditions in the surrounding area, as several
properties in the area have oversized accessory structures, some with reduced setbacks.
5. No objections were received regarding the request during the public notification period.
6. A letter of support was submitted by the neighbor most impacted by the variance.
With the following conditions:
1. The applicant shall ensure the sheds comply with applicable building codes, as determined
by the Building Inspector through the permitting process.
7-11-11
Date
Community Development Director
City of
l
Wh6atRiLd
� ge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Community Development Director DATE: July 15, 2011
CASE MANAGER: Lauren Mikulak
CASE NO. & NAME: WA -11 -09 / Moellentine
ACTION REQUESTED: Approval of (A) a 2 -foot variance from the 5 -foot side yard setback requirement
and (B) a 176 - square foot variance from the 400 - square foot maximum building
size for minor accessory structures on property located at 10580 W. 46 Avenue
and zoned Residential -Two (R -2)
LOCATION OF REQUEST: 10580 W. 46` Avenue
APPLICANT:
OWNER:
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
Jeff Moellentine
Jeff Moellentine
14,247 Square Feet (0.33 Acres)
Residential -Two (R -2)
Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
Administrative Variance 1
Case No. WA -11 -09 1Moellentine
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 two variance requests: (A) approval of a 2 -foot variance (40 %)
from the 5 -foot side yard setback requirement and (B) approval of a 176- square foot variance (44 %)
from the 400 - square foot maximum building size for minor accessory structures. The purpose of these
variance requests is to legitimize two existing sheds on the property, and to allow them to remain in their
current configuration.
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, Jeff Moellentine, is requesting two variances as the property owner of 10580 W. 46 th
Avenue. The variances are being requested so that the applicant may retain two 12' x 24' sheds that
were constructed without building permits on the southeast side of the property (Exhibit I; 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. The parcels surrounding the subject property are
zoned R -2. Most of the surrounding lots contain single - family homes; to the southwest are several
duplexes (Exhibit 2, Zoning
The parcel has an area of 14,247 square feet and currently contains a one -story single - family home that
was originally constructed in 1935. The home is located on the northeast side of the lot. A paved
driveway exists on the west side of home, providing access to the rear of the lot and to a 720 - square foot
detached garage. The subject sheds are located behind the home, three feet from the eastern property
line (Exhibit 3, Site Plan).
The sheds were discovered by Staff during the plan review process for an addition to the home in
February 2010. Though an exact date of construction is unavailable, the sheds appear in aerial imagery
as early as 2004, and more recently a roof structure was constructed between the two sheds. A building
permit was issued only for the home addition in February 2010, and a certificate of occupancy was
issued in February 2011. After the completion of the home addition, the applicant submitted a separate,
retroactive building permit for the two existing sheds and shade structure on February 22, 2011 (Plan
No. 11- 0035), but it could not be approved because the size and location of the structures do not meet
the development standards for minor accessory structures in the R -2 zone district.
Over the past several months, staff has consulted with the property owner to determine an appropriate
course of action. Initially, two alternatives were offered:
. Unless otherwise noted, parcel data and square footage is based on Jefferson County's Assessor Property Records.
Administrative Variance
Case No. WA- 11- 09IMoellentine
1. Relocate, replace, and /or remove the structures such that they comply with the R -2 development
standards, or
2. Apply for a variance from the R -2 development standards.
The applicant was advised that a number of factors may complicate approval of a variance, including the
existing 720 - square foot detached garage and having constructed the sheds without obtaining a building
permit.
The applicant has cooperated with staff requests throughout this process to correct the sheds. In
recognition of the financial burden associated with the variance application, permitting process, and
meeting applicable building codes, staff presented the applicant with four options:
1. Apply for a non - administrative variance for the sheds and shade structure in their current
configuration.
2. Remove the shade structure between the sheds and apply for an administrative variance.
3. Remove the shade structure and one shed, and apply for an administrative variance for setback.
4. Remove the shade structure and one shed, then move the remaining shed to avoid the variance
process altogether.
The property owner is aware that the structures will need to comply with the residential building code if
the sheds are retained in any configuration; he has expressed willingness to work with the Building
Division after the variance process is complete.
Ultimately, the applicant chose to proceed with Option 2 —the shade structure between the two sheds
was removed (Exhibit 4 Site Photos). The two resulting variance requests are within the 50% threshold
for administrative review.
It would have been possible to construct the sheds within the setback requirements, as there appears to
be no obstruction or unusual lot configuration on the property. The home has no basement, and the
applicant has expressed that both sheds are needed for storage. The applicant has also expressed that it
is not possible to easily move the sheds from their current location and away from the property line.
Ultimately, the variance requests result in a 3 -foot side yard setback and provide an additional
176 - square feet of minor accessory structure. The sheds meet all other development standards including
height and rear setback. The parcel meets minimum standards for the R -2 zone district. The following
table compares the required R -2 development standards with the actual conditions:
R -2 Development Standards:
Required
Actual
Lot Area
9,000 square feet (min)
14,247 square feet
Lot Width
75 feet (min)
75 feet
Lot Coverage
40% (max)
20.6% (includes sheds)
Minor Accessory Structures:
Required
Actual
Building Size
400 square feet (max)
576 square feet
Height
10 feet (max)
9.75 feet
Front Setback
25 feet (min)
±101 feet
Side Setback
5 feet (min)
3 feet
Rear Setback
5 feet (min)
±31.5 feet
No objections were received during the public notification period for the variance request. The neighbor
to south contacted staff for more information on the applicant's proposal; she has no issues with the
Administrative Variance
Case No. 07A- 11- 091Moellentine
presence of the sheds. In addition, a letter of support was submitted by the neighbor immediately to the
east who is most directly affected by the variance request. The adjacent property owners state they have
no objections to the "size, appearance, or placement" of the sheds (Exhihit5,1etter of Support).
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,
Criteria Response. Staff provides the following review and analysis of the variance criteria.
REQUEST A: Approval of a 2 -foot (40 %) variance from the 5 -foot side yard setback requirement.
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.
A variance from the side setback requirement is unlikely to alter the character of the locality.
The R -2 zone district allows for detached garages and sheds, and most homes in the
neighborhood have similar accessory structures. The sheds have been designed to be similar in
character to the neighborhood and existing house. The structures are adjacent to the neighbor's
rear yard, and are not proximal to any structures on the neighboring lot (Exhibit T, Aeria.
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.
Because the sheds already exist, the applicant has already made an investment in the property.
With approval of the variance request, the applicant will still need to make an additional
investment to fulfill the requirements of the Building Division and comply with applicable
building codes. Without the variance request, the applicant would need to remove the sheds
which could come at a cost and negate the investment that has already been made.
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.
Administrative Variance
CaseNo. WA- 11- 091Moellenline
There are no unique conditions related to the physical surrounding, shape, or topographical
conditions that affect this property and create a hardship.
Staff finds this criterion has not been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The hardship was created by a person having an interest in the property. The property owner
created the hardship by constructing the sheds in their current configuration and within the
required minimum setback.
Staff finds this criterion has not 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.
With the variance, the applicant will continue through the building permit process. The Building
Division will require that any part of the structure within five feet of the property line be fire
rated. With this improvement, the structures would not increase the danger of fire.
It is unlikely that the request would impair property values in the neighborhood. The sheds are
separated from the neighboring property by a 6 -foot solid cedar fence which helps to reduce the
visual impact of the structures.
Staff finds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The only unique condition in the neighborhood that may support the variance request is the
existence of several nonconforming structures. Several properties in the area have existing
detached accessory structures that do not appear to meet setback requirements. Based on aerial
imagery, at least two properties within the same block have accessory structures with reduced
setbacks, yet case files indicate no variance requests have been approved in the subject
neighborhood.
Staff finds that this criterion has been met.
Administrative Variance
CaseNo. WA- 11- 09IMoellentine
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
REQUEST B: Approval of a 176 - square foot variance (44 %) from the 400 - square foot maximum
building size for minor accessory structures.
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.
A variance from the maximum size is unlikely to alter the character of the locality. The R -2
zone district allows for detached garages and sheds, and almost every home in the neighborhood
has similar accessory structures. The sheds have been designed to be similar in character to the
neighborhood and existing house, and they are not proximate to any structures on the
neighboring lot.
The variance request may improve the character of the locality by allowing enclosed storage of
large items that would otherwise be stored outdoors.
Staff finds this criterion has been met.
The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
Because the sheds already exist, the applicant has already made an investment in the property.
With approval of the variance request, the applicant will still need to make an additional
investment to fulfill the requirements of the Building Division. Without the variance request, the
applicant would need to remove the sheds which could come at a significant cost and negate the
investment that has already been made.
Administrative Variance
CaseNo. WA- I1- 091Moellentine
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.
There are no unique conditions related to the physical surrounding, shape, or topographical
conditions that affect this property and create a hardship.
Staff finds this criterion has not been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The hardship was created by a person having an interest in the property. The property owner
created the hardship by constructing the sheds in their current configuration.
Staff finds this criterion has not 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.
With the variance, the applicant will continue through the building permit process. The Building
Division will require that any part of the structure within five feet of the property line be fire
rated. With this improvement, the structures would not increase the danger of fire.
It is unlikely that the request would impair property values in the neighborhood. The sheds are
separated from the neighboring property by a 6 -foot solid cedar fence which helps to reduce the
visual impact of the structures.
Staff finds this criterion has been met
The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The only unique condition in the neighborhood that may support the variance request is the
existence of several oversized, nonconforming structures. Based on county records, at least six
(6) properties in the same block have accessory structures that exceed the current development
Administrative Variance
Case No. WA- H- 091Moellemine
standards for the R -2 zone district. The adjacent property to the west has a condition similar to
the subject property: two identical sheds that together exceed the maximum size for R -2.
The prevalence of oversized accessory structures is likely because the lots in this neighborhood
are also oversized. Single - family dwellings in the R -2 zone district require a lot area of at least
9,000 square feet. The subject property is one of the smallest in the neighborhood, but nearly
160% the minimum lot size.
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
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the review criteria, staff recommends
APPROVAL of a 2 -foot variance from the 5 -foot side yard setback requirement and a 176 - square foot
variance from the 400 - square foot maximum building size for minor accessory structures. Staff
recommends approval for the following reasons:
1. The variance would not alter the essential character of the locality.
2. The applicant has made a substantial investment in the property.
I The request would not be detrimental to public welfare.
4. The request is consistent with the existing conditions in the surrounding area, as several
properties in the area have oversized accessory structures, some with reduced setbacks.
5. No objections were received regarding the request during the public notification period.
6. A letter of support was submitted by the neighbor most impacted by the variance.
With the following conditions:
The applicant shall ensure the sheds comply with applicable building codes, as determined by the
Building Inspector through the permitting process.
Administrative Variance
Case No. WA-1 1-09 /Moellentine
EXHIBIT 1: AERIAL
Administrative Variance
CaseNo. VVA- 11- 09/Moellentine
EXHIBIT 2: ZONING MAP
Administrative Variance 10
Case No. WA- IJ- 09 /Moellentine
EXHIBIT 3: SITE PLAN
i
F�
Shade t4 — — -
structure
o '
has since
been removed
Administrative Variance
Case No. WA- 11- 09 11foellentine
EXHIBIT 4: SITE PHOTOS
Administrative Variance 12
Case No. {VA- 11- 09/Moellentine
[EXHIBIT'), continued]
Administrative Variance 13
Case No. WA- 11- 09 1Moellentine
EXHIBIT 5: LETTER OF SUPPORT
July 13, 2011
CITY of WHEAT RIDGE
7500 W 29" Ave
Wheat Ridge CO 80033
a
In reply to your letter regarding Case No WA- 11 -09, request for variance from setback and
size requirements for minor accessory structures at the address of 10580 W 46' Ave. in Wheat
Ridge, we, as the property owners nearest to the buildings in question, would like it to be a
matter of public record that we certainly have no objection to said structures. We in no wav
find any offense in their size, appearance, or placement on the property and do not feel that they
detract from our property.
It is our hope that the matter can be settled favorably for the homeowners at the above address.
Sincerely,
Jerry &Joyce Wilson
10560 W 46 Ave.
Wheat Ridge CO 80033
Administrative variance 14
CaseNo. WA- II- 09111oellentine
EXHIBIT 6: LETTER OF REQUEST
Variance Criteria for 10580 w 4e ave. Wheat Ridge CO 80033
A. These minor accessory structures are in compliance with the
allowable regulations for the district.
B. Minor accessory structures are common on w. 4e ave.
C. Homeowner has invested time and material into these structures,
and uses them for domestic storage.
D. Building do not effect the shape of the property.
E. Not applicable.
F. These sheds in no way effect or impair the neighborhoods
development, nor endanger public safety.
G. Minor accessory structures are common on w 4e ave.
H. Buildings are not being used for living quarters.
I. Minor accessory building are in compliance with applicable
standards set for in Architectural and Site Design Manual.
Owner of 10580 w 46 Ave. Wheat Ridge CO 80033
Jeff Moellentine
Administrative Variance 15
Case No. WA -11 -09 1Moellentine
July 13, 2011
CITY of WHEAT RIDGE
7500 W 29 Ave
Wheat Ridge CO 80033
In reply to your letter regarding Case No WA- 11 -09, request for variance from setback and
size requirements for minor accessory structures at the address of 10580 W 46 Ave. in Wheat
Ridge, we, as the property owners nearest to the buildings in question, would like it to be a
matter of public record that we certainly have no objection to said structures. We in no way
find any offense in their size, appearance, or placement on the property and do not feel that they
detract from our property.
It is our hope that the matter can be settled favorably for the homeowners at the above address.
Sincerely,
C - r I
Jerry & Joyce Wilson
10560 W 46 Ave.
Wheat Ridge CO 80033
Lauren Mikulak
From: Kathy Field
Sent: Thursday, July 07, 2011 11:51 AM
To: Lauren Mikulak
Subject: WA -11 -09
Follow Up Flag: Follow up
Flag Status: Red
Nikki Farley of 10565 W. 46th Ave. has no problem with the sheds on 10580 W. 46th Ave.
Kathy Field
Administrative Assistant
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303 - 235 -2846
Fax: 303 - 235 -2857
www.ci.wheatridge.co.us
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07/14/2011
MOELLENTINE JEFFREY A 39- 211 -07 -008 701 0470 0002 3336 0995
10580 W 46TH AVE
WHEAT RIDGE CO 80033
WILSON JERRY P 39- 211 -07 -009 7011 0470 0002 3336 0933
WILSON JOYCE L
10560 W 46TH AVE
WHEAT RIDGE CO 80033
SCOTT RONALD E 39- 211 -07 -007 7011 0470 0002 3336 0964
SCOTT KAREN J
10620 W 46TH AVE
WHEAT RIDGE CO 80033
BEYL ROBERT D 39- 211 -06 -020 7011 0470 0002 3336 0940
10565 W 46TH AVE
WHEAT RIDGE CO 80033
GRAY KENNETH O 39- 211 -06 -019 7011 0470 0002 3336 0971
10545 W 46TH AVE
WHEAT RIDGE CO 80033
SCHWINDT HAROLD L 39- 211 -07 -022 7011 0470 0002 3336 0957
SCHWINDT WANDA J -
10601 W 45TH AVE
WHEAT RIDGE CO 80033
FARLEYNIKKIL 39- 211 -07 -020 7011 0470 0002 3336 0988
10565 W 45TH AVE -
WHEAT RIDGE CO 80033
r
7nr
City of
COMM Wheat P d g e
UNITY 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
July 5, 2011
Dear Property Owner:
This is to inform you of Case No. WA- 11 -09, a request for approval of 1) a 2 foot
side yard setback variance from the 5 foot side yard setback requirement AND 2) a
176 square foot variance to the 400 square foot maximum for minor accessory
structures already in existence on property zoned Residential -Two (R -2) and
located at 10580 W. 46` 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 July 14, 2011.
Thank you.
WA 109.doc
www.ci.wheatridge. co. us
SITE PLAN
10580 W. 46 Avenue
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GENERAL INFORMATION
Schedule: 042752
Status: Active
mzl
Parcel ID: 39- 211 -07 -008
Property Type: Residential
Property Address: 10580 W 46TH AVE
WHEAT RIDGE CO 80033 2614
Mailing Address: 04910 SHERIDAN DR
IACEY WA 98503 7063
Neighborhood: 2408 - FRUITDALE, LEES, STONERIDGE
PROPERTY DESCRIPTION
Page 1 of 1
Print Help
Owner Name(s)
MOELLENTINE JEFFREY A
Subdivision Name: 132000 - CLIMIE
Block Lot IKey iSection Township IRange lQuarterSection Land Sqft
0035 100A 121 13 169 NE 14247
Total 14247
Assessor Parcel Maps Associated with Schedule
Graphic Parcel Mao MapOuest Location
12map39 -211a 211b 211d.pdf
PROPERTYINVENTORY
Property Type RESID Year Built: 1935 Adjusted Year Built: 1955
Design: Ranch Improvement Number: 1
Item
Quality
No.
FULL BATH
Fair
1
2FIX BATH
Fair
i
MAIN BEDROOM
F
2
CENTRAL AIR
Fair
0
Areas
Quality
Construction
Sqft
FIRST FLOOR
Fair
F
11488
DETACH GARAGE
Fair
F
1 720
COVERED PORCH
Fair
Warranty Deed - Joint Tenancy
1 157
RES BLDG /SHED
0
F
576
Land Characteristics
170,000
Typical
Sale Date
Sale Amount
Deed Type
Reception
10 -20 -1977
40,000
Assessed Value
CONVER02
04 -20 -1979
57,500
TBA
CONVER01
11 -19 -1986
85,500
Warranty Deed - Joint Tenancy
NODECL01
07 -01 -1991
0
Warranty Deed - Joint Tenancy
91060907
08 -30 -2001
170,000
Warranty Deed
F1311866
TAX INFORMATION
2011 Payable 2012
20'
Actual Value
Total
172,650
County
Assessed Value
Total
13
2010 Payable 2011
TBA
Actual Value
Total
158,800
TBA
Assessed Value
Total
12,641
Treasurer Information
View Mill Levy Detail For Year
20'
2011 Mill Levy Information
Tax District
3111
County
TBA
School
TBA
WHEAT RIDGE
TBA
ARVADA FIRE DIST.
TBA
FRUITDALE SAN. DIST.
TBA
REGIONAL TRANSPORTATION DIST.
TBA
URBAN DRAINAGE &FLOOD CONT DIST
TBA
URBAN DRAINAGE &FLOOD C SO.PLAT
TBA
Total
TBA
2010
http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 042752 &offset =8 7/5/2011
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Variance Criteria for 10580 w 46 ave. Wheat Ridge CO 80033
A. These minor accessory structures are in compliance with the
allowable regulations for the district.
B. Minor accessory structures are common on w. 46 ave.
C. Homeowner has invested time and material into these structures,
and uses them for domestic storage.
D. Building do not effect the shape of the property.
E. Not applicable.
F. These sheds in no way effect or impair the neighborhoods'
development, nor endanger public safety.
G. Minor accessory structures are common on w 46 ave.
H. Buildings are not being used for living quarters.
I. Minor accessory building are in compliance with applicable
standards set for in Architectural and Site Design Manual.
Owner of 10580 w 46 Ave. Wheat Ridge CO 80033
Jeff Moellentine
Request for Variance on 10580 w 46 ave. Wheat Ridge CO 80033
Two requests are being made for 2 minor accessory buildings
located at the back, North East section of property.
Request A
Allow a 2 -foot set back variance from the 5 -foot side yard
standard set for the Residential- Two zone district, resulting in a 3-
foot set back.
Request B
Allow 176- square foot variance form the 400- square foot
maximum size for minor accessory structures in the Residential -Two
zone district resulting in a total of 576 - square feet.
In granting Variance for Request A and Request B, owner has
attached responses to Criteria for Review. Along with photographs
of buildings.
Jeff Moellentine
Owner 10580 w 46 Ave. Wheat Ridge CO
City Of
WheatRidge
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)
q
Applicant ��CfF CELLE1 iluE Address JOS80 Lo. `Vl AVM Phone 3Ao
City ( State t".( Zip 00033 Fax
Owner SA}mk� Address
Contact SAyv\.
State Zip
Phone
Fax
Phone
City State Zip Fax
(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 report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): 10560 W. qb +0 NA CO 8003
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 Subdivision: Minor (5 lots or less)
O Consolidation Plat
O Conditional Use Permit
O Subdivision: Major (More than 5 lots)
O Flood Plain Special Exception
O Site Plan approval
O Temporary Use, Building, Sign
O Lot Line Adjustment
O Concept Plan approval
O Variance /Waiver (from Section )
O Planned Building Group
O Right of Way Vacation
O Other:
h "T
Detailed description o request: 2 1/1k$1hA1CC Se"T $A* fop $q F T VAPAAfacG TO
'!
119.1 T.a Yt C.IC R M.A'IwJ C9Y1 ✓L .IR.0
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 accom lished. Applicants other than owners
must submit power -of- attorney fro e ler which app ion on his behalf.
�. ', ... '. F/�
Signature of Applicant //// l✓ �`
—� Subscri e ands m to hiss • da f J tiG 1 20
C e 'ssion expires c5
To be filled out by staff:
q
Date received / �j j Fee $ �� Receipt No. 6971 Case No. V/A� -> t' _ O /
Comp Plan Desig. Zoning Quarter Section Map /ug
Related Case No. Pre -App Mtg. Date Case Manager Ae �Gw(rt..tc
Drsfiv"mn �
'. Record: F14,1 3920 t !...1 ►I /t of 3920
S
CITY OF WHEAT RIDGE
07/05/11 9:13 AN edbb
JEFF MOELLENTINE
RECEIPT NO:CDD006371
AMOUNT
FMSD ZONING APPLICATION F
288.08
Cit or
PAYMENT RECEIVED
LAND USE APPLICATION FORM
Whe- atjd
VS 6493
cOibi,btUNITI' f)EVFE0P,4 N'
Auth Cade:
Case No. WA1109 Date Received 715 /2 01 1 1
Related Cases Case Planner
I Mikulak i
Case Description �2 k. side yard setback variance and 176 square foot variance to building size for minor structures
1
I
I
tlppdca�NJ�Jmr�aJ.vrr
Name Jeff Moellentine -� Name
Phone [970) 390-5089 I
Address 10580 W. 46 Ave. City Wheat Ridge
— __---- - -- - - - --
State jC0 Zip '80033-
— ._. -� '- -------- - --
�rrrre�Jf�fomvatiar�
- _ - - ---
Name Jeff Moellentine Name �-
(. ...--
Phone ',(970) 390.5089
--------------- ---- - - - - -'
i Address �10580W. 46th Ave. City Wheat Ridge
- --'
State CO I Zip 80033 -
' CarNacf/rdn�mahir�
Name Je(f Moellentine Name
Phone ;(970) 390 -5089
Address 580 W. 46th Ave. — _ I City !Wheat Ridge
I State ICU ', Zip 80033 -
PrulR -cY lnlr+rwafi>2
Address 1,1058 Street 'West 46th Avenue
--_� L _—
City (Wheat Ridg State -CO 'Z ip '1 80033
Location Description
Project Name
Parcel No. ,39-211-07-008 Qtr Section: [NE21
District No.: IV v
B&Vje# s
Pre -App Date L �1 Neighborhood Meeting Date
App No:
_�
Review Type' - ". Review Body Review Date Disposition
Comments
"Report
1 Adin
i Review�m — L L
___._
to object 7/14/11
1 ❑y
.:D eadline
F _- _. ___ ti __ __ -._
I '
v;
Drsfiv"mn �
'. Record: F14,1 3920 t !...1 ►I /t of 3920
S
CITY OF WHEAT RIDGE
07/05/11 9:13 AN edbb
JEFF MOELLENTINE
RECEIPT NO:CDD006371
AMOUNT
FMSD ZONING APPLICATION F
288.08
ZONE
PAYMENT RECEIVED
AMOUNT
VS 6493
200.00
Auth Cade:
761171
TOTAL
280.00
Lauren Mikulak
From: Lauren Mikulak
Sent: Tuesday, June 28, 2011 3:04 PM
To: JMoellentine
Subject: Variance Options
Jeff,
Good afternoon! This email is a follow -up to the voice message I left earlier this afternoon. Staff
recognizes the difficulty of your situation, and we have discussed your sheds in consideration of the costs
associated with different options. Below are several options have come up with regarding how to
proceed:
Action # of variance Processing Variance Fee
Option 1 Leave sheds and shade
structure as they are
2 variance requests
(building size &
setback)
Non - administrative, $480
Public hearing
Option 2 Remove shade structure
Option 3 Remove the shade
structure and move the
two sheds so they are 5'
from the property line
Option 4 Remove the shade
structure and one shed,
move the remaining
shed to 5' from the
property line
2 variance requests
(building size &
setback)
1 variance request
(building size)
No variance required
Administrative $200
Administrative $200
N/A N/A
Please note that variance approval is not guaranteed, and the associated fees are non - refundable if the
variance is not approved. Also, please note that if an objection is received during the public noticing
period for an administrative variance (options 2 -3), then a public hearing may be required along with the
associated fee.
For all four options, there will be costs associated with the building permit process and with bringing the
structure up to code. One of the known issues will be fire- rating the structures. Any portion of a structure
within 5 feet of a property line will need to be fire -rated with sheetrock. This requirement may be
eliminated if the structures can be moved.
Please feel free to be in touch with any further questions, or to let me know how you want to proceed.
Be well,
Lauren E. Mikulak
Planners
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303- 235 -2845
Fax: 303 - 234 -2845
www.ci.wh eatndce. co. u s
06/30/2011
Lauren Mikulak
From:
JMoellentine Umoellentine @aol.com]
Sent:
Thursday, May 19, 2011 3:43 PM
To:
Lauren Mikulak
Subject:
Fwd: Moellentine Variance
Attachments: P1070594.JPG; P1070597.JPG; P1070599.JPG; Variance 0580 w 46th ave.docx
- - - -- Original Message---- -
From: JMoellentine <jmoellentine @aol.com>
To: Imikulak <Imikulak @ci.wheatridge.co.us>
Sent: Mon, May 9, 2011 10:56 am
Subject: Moellentine Variance
Hi Lauren,
Attached you will find our variance request and pictures of buildings. Plans are already on file.
Can you please email us back so we know you received.
Thank you, Jeff
05/19/2011
Lauren Mikulak
From:
Lauren Mikulak
Sent:
Thursday, May 19, 2011 3:55 PM
To:
'jmoellentine @aol.com'
Subject:
RE: Variance Criteria
Jeff,
This email is a follow -up to a voice message I left on Tuesday.
I'm sorry I missed you when you came by the office on Tuesday, but I did get your note that indicated the
variance submittals had been mailed on Monday, May 9th. Unfortunately, we have not received the
documents in the mail. If possible, please resend them, perhaps via email or hand delivery so can begin
the variance review.
We appreciate your responsive, and if you have any questions please feel free to be in touch.
Be well,
LLauren E. Mikulak
Planner I
Office Phone: 303 - 235 -2845
Gly o
; � r f
yy hC t � cIf -re
.� i..a lnii } {3Nt7Y t?2 Vti C7E'M!V)
From: Lauren Mikulak
Sent: Wednesday, April 06, 20118:32 AM
To: 'jmoellentine @aol.com'
Subject: Variance Criteria
Jeff,
Attached to this email is a word document that includes the variance criteria. Please respond to the
criteria separately for each variance request:
Variance Request #1:
Request for approval of a _-foot variance to the 5 -foot setback in the R -2 zone district
Variance Request #2:
Request for approval of a 176- square foot variance to the 400 - square foot maximum for minor accessory
structures in the R -2 zone district. (based on two, 12'x24' sheds)
Please feel free to be in touch with any further questions.
Be well,
Lauren
Lauren E. Mikulak
Planner 1
7500 VV. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: 303- 235 -2845
Fax 303- 234 -2845
wm u s
05/19/2011
City of
WheatF�idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29'" Ave.
May 3, 2011
Mr. Jeff Moellentine
10580 W. 46 Avenue
Wheat Ridge, CO 80033
RE: Minor Accessory Structures at 10580 W .46
Dear Mr. Moellentine:
IM Sent To
Q D..
Avenue o S fl ? - ----- - - - - --
tree( Apt. NO.; pn ` --- /V1 6, ?1
t... or PO SoxNO . ...._SC.- " "'-- . - - -- -- !--- -. -- -. .---- .. - -.-
C�ty, Sfate, ZlP +4 C
:rr .
The purpose of this letter is to follow -up with you on previous correspondence dated March 2, 2011
regarding variances required for your property at 10580 W. 46` Avenue.
In my letter dated March 2, 2011 you were informed that the two sheds constructed without
building permits on property at 10580 W. 46 °i Avenue are in violation of the City's zoning
ordinance. That letter explained the violations and outlined your options for bringing the
structures into compliance, including (1) relocate, replace, and /or remove the structures or
(2) apply for a variance from the Residential -Two development standards.
On March 30 and April 6 you met with staff in the offices of the Community Development
Department to discuss the variance process. The City offers a courtesy review of all variance
requests for homeowners, and this option was explained and agreed upon as the appropriate
course of action. You will need to request two (2) separate variances to retain the sheds in their
current configuration:
Request A: a 2 -foot variance from the required 5 -foot side yard setback for minor accessory
structures in the Residential -Two zone district, resulting in a 3 -foot setback
Request B: 176- square foot variance from the 400 - square foot maximum size for minor
accessory structures in the Reside0al -Two zone district, resulting in a total of 576- square
feet
As of May 3, 2011 we have not yet received your submittal documents for the courtesy review of
your variance requests. If you are still interested in pursuing a variance request, please submit the
following documents to initiate the courtesy review process:
• A brief written narrative explaining your request
• Two responses to the enclosed criteria (one response for Request A related to the setback
variance; a second response for Request B related to the size variance)
• Photographs of the sheds
You may submit via mail, hand delivery, or electronically to lmikulak @ci.wheatridge.co.us.
iv idge-co.us
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IM Sent To
Q D..
Avenue o S fl ? - ----- - - - - --
tree( Apt. NO.; pn ` --- /V1 6, ?1
t... or PO SoxNO . ...._SC.- " "'-- . - - -- -- !--- -. -- -. .---- .. - -.-
C�ty, Sfate, ZlP +4 C
:rr .
The purpose of this letter is to follow -up with you on previous correspondence dated March 2, 2011
regarding variances required for your property at 10580 W. 46` Avenue.
In my letter dated March 2, 2011 you were informed that the two sheds constructed without
building permits on property at 10580 W. 46 °i Avenue are in violation of the City's zoning
ordinance. That letter explained the violations and outlined your options for bringing the
structures into compliance, including (1) relocate, replace, and /or remove the structures or
(2) apply for a variance from the Residential -Two development standards.
On March 30 and April 6 you met with staff in the offices of the Community Development
Department to discuss the variance process. The City offers a courtesy review of all variance
requests for homeowners, and this option was explained and agreed upon as the appropriate
course of action. You will need to request two (2) separate variances to retain the sheds in their
current configuration:
Request A: a 2 -foot variance from the required 5 -foot side yard setback for minor accessory
structures in the Residential -Two zone district, resulting in a 3 -foot setback
Request B: 176- square foot variance from the 400 - square foot maximum size for minor
accessory structures in the Reside0al -Two zone district, resulting in a total of 576- square
feet
As of May 3, 2011 we have not yet received your submittal documents for the courtesy review of
your variance requests. If you are still interested in pursuing a variance request, please submit the
following documents to initiate the courtesy review process:
• A brief written narrative explaining your request
• Two responses to the enclosed criteria (one response for Request A related to the setback
variance; a second response for Request B related to the size variance)
• Photographs of the sheds
You may submit via mail, hand delivery, or electronically to lmikulak @ci.wheatridge.co.us.
iv idge-co.us
If you prefer, you may forego the variance process and relocate, replace, and /or remove the
structures such that they comply with the R -2 development standards and any applicable building
code requirements. A building permit must be applied for and approved in order to do this.
PLEASE NOTE: Code enforcement action will be initiated to remove the sheds if within 30
days of your receipt of this letter we have not received either the submittal documents for a
variance request or a permit application to relocate, replace, and /or remove the sheds.
Please respond with the appropriate submittal documents within 30 days. If you have any further
questions, please feel free to contact me at 303 - 235 -2845.
Sincerely,
Lauren Mikulak
Planner, Community Development Department
Enclosures
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PS Form 3811, February 2004 Domestic Return Receipt
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City of
WheatRdge
MUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500W. 29 °i Ave.
March 2, 2011
Mr. Jeff Moellentine
10580 W. 40 Avenue
Wheat Ridge, CO 80033
Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
RE: Minor Accessory Structures at 10580 W .46"' Avenue
Dear Mr. Moellentine:
The purpose of this letter is to inform you that the two sheds constructed without building permits
on property at 10580 W. 46 Avenue are in violation of the City's zoning ordinance. This letter
explains the violations and outlines your options for bringing the structures into compliance.
The property at 10580 W. 46"' Avenue is zoned Residential -Two (R -2). Three violations exist:
• The sheds were constructed without a building permit.
• The sheds do not meet the 5 -foot side setback standard as set forth in Section 26 -209 for
accessory buildings. The site plan you submitted on February 22, 2011 indicates that the
structures are only 3 -feet from the eastern property line.
The two, 12' x 24' sheds total 576- square feet which exceeds the 400 - square foot
maximum set forth in Section 26 -209 for minor accessory buildings.
The building pen you submitted on February 22, 2011 cannot be approved until the setback
and size of the sheds are addressed. With these violations I can suggest two options:
1. Relocate, replace, and /or remove the structures such that they comply with the R -2
development standards and any applicable building code requirements. A building permit
must be applied for and approved in order to do this.
2. Apply for a variance from the R -2 development standards. I have attached information
about the variance process for your consideration. Please note the criteria the City uses to
evaluate variance requests. Based on a number of factors including the existing 720 -
square foot garage, having constructed the sheds without obtaining a building permit, and
the appearance of alternative placement options for the structures— obtaining approval of
a variance may be problematic but we will work with you on this alternative if you wish
to proceed.
Based on your current site plan, variance requests would include:
Minor Accessory Structures
Required
Actual
Variance Request
Minimum Side Yard Setback
5'
3'
40%
Maximum Building Coverage
400 sf
576 sf
44%
t4 vwxLv t'i ft"e.co.11S
Please respond in writing by Wednesday, March 23, 2011 to indicate the route you wish to take.
If you have any further questions, please feel free to contact meat 303 -235 -2845.
Sincerely,
Lauren Mikulak
Planner, Community Development Department
Enclosures
City of
idge
Com mu N rtY D EVELOI T
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
..s Febi nary i 7;'2010
Jeff Moellentine
10580 W.46 "'Avenue
Wheat Ridge, CO 80033
Dear Mr. Moellentine
This letter is in regard to your application for building permit for an addition to the existing home
on property located at 10580 W. 46 "' Avenue. At the time of this writing, the Plarming Division can not
approve the penuit for the following reasons:
1. Although a site plan was recently provided, it is inadequate for reviewing purposes. The site plan
must be modified to show accurate dimensions for all existing structures and property lines.
2 Several of the existing structures on the property appear to have been built without building
permits.
3. According to the most recent aerial photo on the property, it does not appear that all existing
structures on the property have been shown on the site plan.
4. The property is zoned R -2 which allows up to 40% lot coverage by buildings. However, only 1000
square feet of major accessory structures are permitted. This number appears to be exceeded by
what is already on the property.
Please contact me at your earliest convenience to resolve these issues. I can be reached at 303- 235 -2848.
Sincerely, _
,..' ]
/ Meredith Reckert, AICP
Senior Planner
Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857
ivo,1v.ci.wheanrk)ge.co.us