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HomeMy WebLinkAboutWA-11-137500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 City of Wh6atRLdge Denial of Administrative Variance Request WHEREAS, an application for a variance was submitted for the property located at 6605 W. 31 Avenue referenced as Case No. WA -11 -13 / Steinheimer; and WHEREAS, City staff has analyzed the variance request, 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 NOW THEREFORE, be it hereby resolved that a 4 -foot variance from the 25 -foot side yard setback requirement for a side yard adjacent to a public street — resulting in a 21 -foot side yard setback —for the purpose of constructing an addition including an attached garage on property in the Residential -Two (R -2) zone district (Case No. WA -11 -13 / Steinheimer), is denied for property located at 6605 W. 31 Avenue, based on the following findings of fact: 1. Under the current conditions the property would continue to yield a reasonable return in use. 2. Granting of the variance could potentially alter the character of the locality, as the majority of homes in the area are located well within the minimum setback. 3. There are no physical or topographical conditions that affect this property and create a unique hardship as distinguished from a mere inconvenience. 4. The challenge presented by the existing windows on the north facade was created by a person having interest in the property. 5. There are no unusual circumstances in the neighborhood that necessitate the variance request. h -1 -I1 Date City of W heatI�idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: October 28, 2011 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: WA -11 -13 / Steinheimer ACTION REQUESTED: Approval of a 4 -foot variance from the 25 -foot side yard setback requirement for property located at 6605 W. 31s Avenue and zoned Residential -Two (R -2) LOCATION OF REQUEST: 6605 W. 31S Avenue APPLICANT (S): Cindi and Randy Steinheimer OWNER (S): Cindi and Randy Steinheimer APPROXIMATE AREA: 17,919 (0.41 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 1 Case No. WA -11 -131 Steinheimer 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 4 -foot (16 %) variance from the 25 -foot side yard setback requirement for side yards adjacent to a public street, resulting in a 21 -foot side yard setback. The purpose of the variance request is to allow for the construction of a two -story addition including an attached three -car garage. 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 applicants, Cindi and Randy Steinheimer, are requesting the variance as the property owners of 6605 W. 31 Avenue. The variance is being requested so that the applicant may construct a 44' x 24' two -story addition with a three -car garage on the northeast side of the property (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. The subject parcel is surrounded by properties that are also zoned R -2 and primarily contain single - family homes (Exhibit 2, Zoning Map). The parcel is a corner lot with an area of 17,919 square feet. It contains a one -story, single - family home which, according to Jefferson County records, was originally constructed in 1949 (adjusted year built is 1962). The property meets the minimum standards to accommodate a two - family home, however there is no indication that the proposed addition will result in a second dwelling unit. Currently there is no garage or carport on the property, so the owners utilize a parking pad on the eastern side of the property and an unimproved horseshoe drive on the southern side of the property (Exhibit 3, Site Photos). The ground floor of the proposed addition will provide a three -car garage and new driveway that will replace the eastern parking pad. The second floor of the addition will be finished and will be accessible only from the stairs within the garage. It will likely include a home office and storage space, as there is no attic or basement in the existing home. The proposed garage is designed to complement the house on the subject property with similar windows, siding, shingles, and other material selections. The property has frontage on W. 31 Avenue and on Newland Street. In the R -2 zone district, any side yard which abuts a public street is required to have a minimum setback of 25 feet for all structures. The proposed garage would encroach 4 feet into this required setback, resulting in a 21 -foot setback; the structure would not interfere with the sight triangle (Exhibit 4, Site Plan). Administrative Variance Case No. WA -11 -131 Steinheimer The north side of the property is the most logical location for the proposed addition because the open area between the home and the northern property line is 57 feet wide; with a 10 -foot rear setback the buildable area is 47 feet wide. On the southern half of the lot there are mature trees and only about 10 feet of width between the home and the setback lines. Despite the substantial width, the reason for the variance request is a conflict with existing windows on the north facade of the house. During a home improvement project from 2001 to 2005, the applicants converted the former garage to living space and installed a set of windows on the northern fagade of the home (Exhibit 5, Remodel Plait & Exhibit 6, North Elevation). If the addition was constructed to meet the 25 -foot setback requirement, the new structure would overlap the existing windows by 1 -foot. It is not possible to overlap the windows, and to remove or reconfigure the existing windows is a cost prohibitive investment. An alternative would be a smaller addition to avoid a setback encroachment. The proposed depth of the addition is 24 feet. Although standard garages range from 20 to 22 feet in depth, the applicant has expressed that a narrower depth is not possible because the ground floor garage will need to accommodate a full size pickup truck that is 20 feet in length. Another alternative would be to construct a detached garage. While the proposed garage is considered attached (it shares a common wall of at least 5 feet in length), it does not function as a fully attached garage. There is no proposed entrance between the garage and the existing home, nor is there a connection on the second floor between the proposed office space and the existing home. There is additional room on the north side of the lot to separate the garage from the home, and a detached garage in the R -2 zone district can be up to 1000 square feet (about 24' x 41.5'). To stay within the maximum building size the garage would need to be 56 square feet smaller than is currently proposed. The building code includes no minimum separation between windows and an adjacent perpendicular wall. The applicants have proposed a 3 -foot separation to avoid an overlap and to allow an adequate supply of light and air. This separation results in a 4 -foot (16 %) variance request and results in a 21- foot side yard setback. The proposed addition would meet all other development standards. The parcel meets minimum standards for the R -2 zone district, and the total building coverage with the proposed addition would be about 20 below the maximum 40% allowed in R -2. 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) 17,919 square feet Lot Width 80 feet (min for corner lots) ±91 feet (south frontage) ±145 feet (east frontage) One family dwelling: Required Proposed Addition Building Coverage 40% (max) 20.1% Side Setback 25 feet (min) 21 feet Rear Setback 10 feet (min) 14.3 feet Front Setback 25 feet (min) ±103 feet Height 35 feet (max) ±20 feet Administrative Variance Case No. WA -11 -131 Steinheimer During the public notification period no objections were received regarding the variance request. The applicant's neighbor to the west inquired about the project; after reviewing the proposed site plan, he stated no objection to the variance request. 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 Letter of 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. 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 granting of the variance may alter the character of the locality. The R -2 zone district does allow for garages and second stories, however the scale of the proposed addition and the setback encroachment are uncharacteristic for the subject neighborhood. Most properties in the neighborhood are zoned R -2 (Exhibit 2, Zoning Map), in which the minimum setback along a public right -of -way is 25 feet. In the subject area, most homes not only meet, but exceed the minimum setback. For example, the average setback is between 30 and 35 feet for homes along Newland between 31 and 32 Avenues. The requested variance will result in a 21 -foot setback, and no upper story stepback is proposed for the second floor. Of the properties immediately adjacent to the subject lot, the average footprint of the primary structures is 1401 square feet.' With the proposed addition, the footprint of the subject home would be about 3600 square feet — nearly two and half times (240 %) larger than adjacent homes. While the size of the addition is permitted in the R -2 zone district, the size and scale of the addition is much larger than those in the area. This makes a minimum setback all the more important to provide uniformity and to reflect the general scale and placement of homes in the neighborhood. Staff finds this criterion has not been met. I Square footage data from the Jefferson County Assessor. Immediately adjacent properties refer to the five properties adjacent or across the street from the subject parcel, including: 6610 and 6625 W. 31" Avenue; and 3090, 3100, and 3137 Newland Street. Administrating Variance Case No. WA -11 -131 Steinheimer 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicants are proposing a substantial investment in the property, which may not be possible without the variance. As documented in the case analysis above, the north side of the property is the only viable location for the proposed addition. If the size of the addition remains at 24' x 44' and was constructed to meet the 25 -foot setback requirement, the structure would overlap the existing windows by 1 -foot. It is not possible to overlap the windows, and to remove or reconfigure the existing windows is cost prohibitive (Exhibit 6 1Vorth Elevation). 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 physical surroundings or topographical conditions that affect this property and create a hardship. The variance request is based on the location of existing windows. The edge of the windows is 23 feet from the eastern setback line which does not afford enough space for an addition that is 24 feet in depth. Although the variance request is logical, it is based on property conditions that create inconvenience rather than a unique 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 difficulty described above was created by the current property owners. During a home improvement project from 2001 to 2005, the applicants converted the former garage to living space and installed the windows on the northern fagade of the home. The nature of future improvements — including the proposed addition —was not a consideration at the time that the applicants installed the windows. 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 for a side setback variance would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the Administrative Variance Case No. WA -11 -131 Steinheimer 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. The addition would not impede the sight distance triangle and would not increase the danger of fire. It is unlikely that the request would substantially impair property values in the neighborhood. 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. There are no unique or unusual circumstances present in the neighborhood that are also present on the property that necessitate the need for a variance. Staff finds that this criterion has not 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 not in compliance with the majority of the review criteria, staff recommends DENIAL of a 4 -foot variance from the 25 -foot side yard setback requirement for a side yard adjacent to a public street. Staff recommends denial for the following reasons: 1. Under the current conditions the property would continue to yield a reasonable return in use. 2. Granting of the variance could potentially alter the character of the locality, as the majority of homes in the area are located well within the minimum setback. 3. There are no physical or topographical conditions that affect this property and create a unique hardship as distinguished from a mere inconvenience. 4. The challenge presented by the existing windows on the north facade was created by a person having interest in the property. 5. There are no unusual circumstances in the neighborhood that necessitate the variance request. Administrative Variance Case No. WA -11 -13 /Steinheimer EXHIBIT 1: AERIAL y --- Jill 0313- 03100 - a - t t �; IDBg05 31ST AVE — q . Y d r • • � .I i + VJV JV T P 31ST AVE y. s 4 . � - 7 �I 08630 0661 0 Administrative Variance Case No. WA -11 -131 Steinheimer EXHIBIT 2: ZONING MAP Administrative Variance Case No. WA -11 -131 Steinheimer EXHIBIT 3: SITE PHOTOS Proposed location of addition Administrative Variance Case No. WA -11 -131 Steinheimer AWL 0 N -" a�� . „�yY � . •• ���� � . 'i' � 1 � -�,' t �, •. *, , VA 1•v •: e k P ROME Proposed location of _ addition The picket fence is located on the property line, and the east fagade of the house is set back 35 feet. About 10 feet of unbuilt right -of -way are located between Newland Street edge of pavement and the fence. 4AMW� jig South side of the subject property from across W. 31s Avenue; there is no space for an addition on this side of the property. Administrative Variance 10 Case No. WA -11 -131 Steinheimer Eost 1 1 /8' = V-0' . West I V = 1. -0, Roof PL HT 4 2nd Ft 10- r ,. 8'- 4,V4' L1' • cr Sot of Rg 3 .0" #e Nt I � cv E a, 0 °m I W U «a E dr 0 �� � :3 � m ° U 0 ' ="' c co Roof PL HT f° u7 ra C:) S 0 le 2 nd Fi FL PL HT Al w -43t4" j I Grade Ile Sot of Ftcq A k ! 3" e 0' w Roof PL HT 4 2nd Ft 10- r ,. 8'- 4,V4' L1' • cr Sot of Rg 3 .0" #e EXHIBIT 5: REMODEL PLAN This floor plan was approved in 2003 for a home improvement project at 6605 W. 31 Avenue. •JrT 'c � g i i ✓�y� .,�� 1 �it 17 4 � w9 u 2 < c a m J C r (1 o 3 EXHIBIT 6: NORTH ELEVATION Existing windows on the north fagade of the home make it impossible to construct the proposed addition within the 25 -foot setback requirement. If the addition was constructed to meet setback requirement, the new structure would overlap the existing windows by 1 -foot. The applicant has proposed a 3 -foot separation between the windows and the addition, resulting in a 4 -foot (16 %) variance request. The elevation below shows the north fagade and indicates the setback line and the proposed separation and variance request. The image shows the existing windows. Administrative Variance ( 2 Case No. WA -11 -131 Steinheimer (Variance) (Separation) a� e S EXHIBIT 7: LETTER OF REQUEST City of Wheat Ridge Community Development 7500 W 29''` Avenue Wheat Ridge, Colorado 80033 RE: Variance request We Are requesting a 4-foot variance to the street side rninirnurn sett back for the construction of a new garage at 6605 W 31st avenue. The variance would allow for the most reasonable use of the property due to structures and landscaping. To move the addition to another location on the property would require significant changes to the existing structure and to mature, decades old trees. We are proposing investing a substantial aunount in the property by building the garage and this would not be passible without the variance. The variance would not alter the character of the surrounding neighborhood and will be similar to variances granted for structures located at 2890 Lamar and :3185 .lay. The location of the addition would be further than required from adjacent properties and would still be set back far enough from the street to prevent any ellect ork street access, congestion or emergency vehicle access. Thank you for your consideration in this niatter. Cindi & Randy Steinheimer 6605 W 31" Avenue Wheat Ridge, Colorado 80214 Administrative Variance 13 Case No. WA -11 -131 Steinheimer [ The applicant was asked to update the submitted elevations and to provide additional information regarding the 24 -foot depth of the addition. The response is included below. ] From: Randy Steinheimer Sent: Thursday, October 27, 20117:21 AM To: Lauren Mikulak Subject: Re: Variance Update Attachments: 6605 31st - Sheet - A101.pdf Lauren. In responce to our conversation regarding possible changes to the garage dimensions. I reveiwed material requirements and found that although the trusses would be shorter we would require more and the change would result in a net increase to the cost of the project.In addition to the increase in cost. and more importantly. I measured illy vehicles and found that one of them (a fiill size pickup) is 20' long. Considering the depth of 24' and subtracting the thickness of the walls. the remaining space allows enough room for the vehical and approxiniatly 18" access on both ends. Please fuid attached the reveised drawing showing the relation of the new structure to the existing windows. Let me laiow if you have any other qustions or need additional nuforniation. Thanks for all your help, Randy Administrative Variance 14 Case No. WA -11 -131 Steinheimer h doe. ; STEINHEIMER RANDY E STEINHEIMER CYNTHIA A 6605 W 31 ST AVE WHEAT RIDGE CO 80214 LUTREY MICHAEL G LUTREY BARBARA A 6625 W 31ST AVE WHEAT RIDGE CO 80214 MACLEAN M LM MACLE YLA 3137 AND ST W AT RIDGE CO 80214 8041 FORD TAMERA 3100 NEWLAND ST WHEAT RIDGE CO 80214 BOYCE ROB K ! r 3090 N LAND ST N / W AT RIDGE CO 80214 7011 0470 0002 3336 2746 7011 0470 0002 3336 2739 7011 0470 0002 3336 7011 0470 0002 3336 2715 7011 0470 0002 3336 2708 CHURCH OF CHRIST EATRIDGE 6610 W 31 ST AV \ �'l WHEAT CO 80214 39- 253 -08 -016 39- 253 -08 -015 39- 253 -08 -001 39- 253 -06 -008 39- 253 -07 -009 39- 253 -09 -002 7011 0470 0002 3336 2692 0 City of �� Wheatj�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE October 10, 2011 Dear Property Owner: This is to inform you of Case No. WA- 11 -13, a request for approval of a 4 foot variance to the 25 foot side yard setback requirement when adjacent to a public street resulting in an 21 foot side yard setback for property zoned Residential -Two (R -2) and located at 6605 W. 31" 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 October 19, 2011. Thank you. 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A MD. 002 MINOR SUB. _ r_ , O d'(2 2 a - 09 22 FAITH BIBLE CHAPEL WEST I 013 Q7 d41 L 3G I t UQ1 I �7 West 30th. Avenue �c ear -:mss 1 j 2 3 i 4 5 6 7 R µ - ... i 010 OII 1 2 3 4 .d 012 013 414 i 015 n�'nF`� - nnr1 0471 rnos 0 .l 1 (5) 2_� m Ir= LL o I; "I - ZI 0 p c O oo m N r � r �J C (7 o 2� l 2 1 /s" - 1' -a" 1 East 1/8 = V-0 160 - 2 nd FI /1 10' -0" V n West 1 /8" = 1' -0 "' n South U 1/8" = 1' -0" ,/8', = 1' -a FI_PL HT_n 2 nd FI 10' -0" 8' -6" _Grade 0' -0" 2nd FI PL HT _ 2� 10' -- PL HT /1 Grade 2nd FI PL HT 18 1 -0 1, _ 2 nd F 0 "L A--� 8'- 6" G rade 0, or V ^ X y ~ N y M 1 to 4) m qqt 04 P , T LO Q E T N M O �MM f r a U C:) N N C U CN m N = CO N M C �U°0 No. Description Date Randy Steinheimer 6605 W. 31 st Sit plan Project number Project Number Date Issue Date Drawn by Author Checked by Checker A101 Scale 1/8" = 1 n 0 w 0 N o, �(21� 1/1 CA °v 01 LAAA dL�IJ A A -e, e � c,� 9 --✓?.� -�� _ ����- (� fib" o t e City of Wheat Ridge Community Development 7500 W 29` Avenue Wheat Ridge, Colorado 80033 RE: Variance request We are requesting a 4 -foot variance to the street side minimum set back for the construction of a new garage at 6605 W 31 st avenue. The variance would allow for the most reasonable use of the property due to structures and landscaping. To move the addition to another location on the property would require significant changes to the existing structure and to mature, decades old trees. We are proposing investing a substantial amount in the property by building the garage and this would not be possible without the variance. The variance would not alter the character of the surrounding neighborhood and will be similar to variances granted for structures located at 2890 Lamar and 3185 Jay. The location of the addition would be further than required from adjacent properties and would still be set back far enough from the street to prevent any effect on street access, congestion or emergency vehicle access. Thank you for your consideration in this matter. Cindi & Randy Steinheimer 6605 W 31" Avenue Wheat Ridge, Colorado 80214 1 Propertydl 9 +'� Information 1 OF 2 Next GENERAL INFORMATION Schedule: 022594 Status: Active Parcel ID: 39-253-08-016 Property Type: Residential Property Address: 06605 W 31ST AVE WHEAT RIDGE CO 80214 Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 2405 - BARTHS, COULEHAN GRANGE, WHEAT RIDGE AREA Print Help Owner Name(s) STEINHEIMER RANDY E STEINHEIMER CYNTHIA A PROPERTY DESCRIPTION Subdivision Name: 327600 - HALLER Block Lot Key Section Township Range QuarterSection Land Sqft COVERED PORCH 0008 lWarranty Deed -Joint Tenancy 25 3 69 1 17919 1 17919 Total 18,634 TBA W HEATRIDGE SAN. DIST. TBA Total Total Assessor Parcel Maps Associated with Schedule omao39 -253a 253b 253c.odf Graphic hic Parcel Ma MaoOuest Location PROPERTY INVENTORY Property Type RESID Year Built: 1949 Adjusted Year Built: 1962 Design: Ranch Improvement Number: 1 E Item Quality No. MAIN BEDROOM 3 FULL BATH Average 1 3FIX -3/4 BATH Average 1 MAIN FIREPLCE Average 1 Adjustment Code Adjustment S gFt CONCR DEDUCT 1220 SAI F NTCTn RV Areas Quality lConstruction1scift Reception FIRST FLOOR Average F 12314 COVERED PORCH Averagel lWarranty Deed -Joint Tenancy 56 WOOD DECK Averagel TBA 180 f{05U (.� 2� !P �?A °lam Land Characteristics Day care 00v Sale Date Sale Amount IDe ed Type Reception 08 -05 -1983 90,000 1 83073692 05 -20 -1999 183,900 lWarranty Deed -Joint Tenancy F0874510 INFORMATION 2011 Payable 2012 201 Actual Value Total 255,030 County Assessed Value Total 20,300 2010 Payable 2011 TBA Actual Value Total 234,100 TBA Assessed Value Total 18,634 Treasurer Information View Mill Levy Detail For Year 201 2011 Mill Levy Information Tax District 3142 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE &FLOOD CONT DIST TBA URBAN DRAINAGE &FLOOD C SO.PLAT TBA W HEATRIDGE FIRE DIST. TBA W HEATRIDGE SAN. DIST. TBA Total TBA !J L?901190 " 'C', .- .. y 13• Zj W. �• 4 4 Ci � • " "°" �� 6w! +� � 393 "� �.. r^^ . •'J" sw "m a € s Recordation Requested by: Wintrust Mortgage Corporation 1 S. 660 Midwest Road Suite 100 Oakbrook Terrace, IL 60181 When Recorded Mail to: Wintrust Mortgage Corporation 1 S. 660 Midwest Road Suite 100 Oakbrook Terrace, IL 60181 Send Tax Notices to: Wintrust Mortgage Corporation 1 S. 660 Midwest Road Suite 100 Oakbrook Terrace, IL 60181 LOAN# 001003046 PARCEL TAX ID#: 39- 253 - 08-016 [Space Above This Line For Recording Data] HA Case Number 052-4959068 -703 State of Colorado MIN 1000312 - 0001003046 -5 DEED OF TRUST THIS DEED OF TRUST ( "Security Instrument ") is made on May 6th, 2009 CYNTHIA A. STEINHEIMER AND RANDY E. STEINHEIMER, WIFE AND HUSBAND whose address is 6605 W 31ST AVE, DENVER, CO 80214 ( "Borrower "). The "Trustee" is the Public Trustee of JEFFERSON County, Colorado. among the grantor The Beneficiary is Mortgage Electronic Registration Systems, Inc. ( "MERS "), (solely as nominee for Lender, or hereafter define, and Lenders successors and assigns), as beneficiary. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O.BOX 2026, Flint, MI 48501 -2026, tel. (888 679 -MERS. Wintrust Mortgage Corporation which is organized and existing under the laws of THE STATE OF ILLINOIS and whose address is IS. 660 Midwest Road, Suite 100, Oakbrook Terrace, IL 60181 ( "Lender "). Borrower owes Lender the principal sum of TWO HUNDRED SEVENTY SEVEN THOUSAND SIXTY FIVE AND NO /100 Dollars (U.S. $ 277,065.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on June 1st, 2039 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's COLORADO- Single Family - FHA SECURITY INSTRUMENT GCC- m1590 -1 CO (1 o /o5) Page 1 of 7 Initials: City of �JV heat �icle 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: MDVMO&) Project Location: (&05 W. 3 1 Sr Applicant: CXjjpC4 121A1py SrEW 9FLO /L„ Date: (p - y - 1 t Project Planner: Fee Paid: Information to be submitted and accepted with variance applications Plan: 1. Completed, notarized application 2. Fee 3. 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: Name (please print): Rev. 4/10 Date: Phone: v8wvv.ci.wheatridge.co.us City of W heat iclge 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 C Z14 DX -k �AAOy 6M — "W ddress S iJ. 31 ST YE Phone :% 66G, -8 so City 6J tr 10b T 2r-0(.F State CO . Zip 0 02 14 Fax Owner Address City State Zip Phone Fax Contact SAmrc Address 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): (o (, d 5 ( . 31 sr ICI ! Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side 0 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 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval ,® Variance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: Detailed description of request: A 4 YATVWC,E TO T as S'r2 egr cwF- SE-r 5 k— VO a- A L �nAh t - F - 4 ,1 Required information: Assessors Parcel Numb Current y Current Zoning: „ Current Use: n/I 1 3( l' - Z-S3- 08 - bILe Size of Lot (acres or square footage): i q C I Proposed Zoning: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit �,gweNof ttorney from the weer which approved of this action on his behalf. r�pplicaiit•. <' ,OIAR y ., = Subscribed and sworn to me this `1 �h day of , 20—L J ,'. PUBt1G O J %,�9r .......... 0 �Q n ��` , Notary Pub c 1, V 1. OF COV 'O My commis ion expires To be filled ou Date received (0 5, 111 Fee $ ZJErD Receipt No. f D� 00 3T Case No. W4 '11'6 Comp Plan Desig. Zoning J,- I Quarter Section Map .115 syy Related Case No. Pre -App Mtg. Date r A. Case Manager 2M Land Use Data Form c,tti, 01 LAND USE APPLICATION FORM W he d gc- Case No. Date Received l 0!5!2011 Related Cases Case Planner I... .... ........ ........ Case Description 4 ft. side yard setback variance Apphi7arrt Gafnmahiw Name Gndi &Ra Steinheim Name Phone (303] I Address __. 6605 W. 31 st Avp City Wheat Ridge State CO Zip 80214 O ,wryer /rr/er ,?&w Name Cindi & Randy Steinheimer; Name i _ - -: . .... _ ... ....... - ._........ Phone ,(303) 886 -8595 Address 6605 W. 31st Ave. City _ Wheat Ridge _.__ _ _.. State ;CO Zip 80214- (Mikulak Cexafa+cf /rlsfarao�rtivrr Name Cindi & Randy Steinheimer Name Phone (303) 886 -8595 Address 6605 W. 31 st Ave. City :Wheat Ridge State CO Zip 80214 Project /rr/enmatiorr Address 6605 Street West 31 stAvenue City 'Wheat Ridge State CO 1 Zip _ ... Location Description P _. �._...-.. �. �_..�..___�_.__�.....�._. -... - Project Name ...... _- Parcel No. 39 253 08 -016 J Qtr Section: < SW25 District No.: )I _...... _ Pre -App Date Neighborhood Meeting Date App No: Review Type Review Body Review Date Disposition Comments Report Review Admin 10!10!2011 i Deadline to object 10!19!11. ..._.._ _,.. : r .... .. ......... ...... ._ _...... ....... ... _...... _.. . Record: N 1 of 1 i W V Search _ CITY OF WHEAT RIDGE 18/65/11 4:01 PM cdba Randy Ste�-nheiarer RECEIPT 4O:CDA066437 AMOUNT FMSD ZONING APPLICATION F 206.68 ZONE PAYMENT RECEIVED AMQL T Cat 200.86 TOTAL 20.0.06 C/ �r) W A,�, �0 40