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HomeMy WebLinkAboutWA-12-01Lauren Mikulak, Planner I City of Wheat Ridge Community Development 7500 West 29 Avenue Wheat Ridge, CO 80033-8001 ZBOGUM It is worth noting that I have not delayed all other planning until I have permits. Rather, I have bids a contractors lined up to begin construction work as soon as we are able to proceed. I just need some extra time to finish up the prerequisites. Thank you for your help. I 2=. A 1( City Mf I City of Wheat Ridge Municipal Building 7500 W, 29 Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 301235.2857 August 17, 2012 Mr. Leroy Kuczek 3790 Independence Street Wheat Ridge, CO 80033 Dear Mr. Kuczek: This letter is in regard to your request for approval of an extension for a variance granted pursuant to Case No. WA-12-01. In February 2012, the Board of Adjustinent approved your request for a 5-foot variance from the 15-foot side yard setback requirement for construction of a new manufactured home on property located at 10561 W.'3 81h Avenue (Case No. WA- 12 -01). On August 21, 2012 this variance approval will expire. Sincerely, Kenneth Johnstone, Community Development Director cc. Case File WA -12 -01 wwwod.wheatridgexoms City • Wh6atP,Aie _j �C(ommuNiTy DEvELoPMENT City of Wheat Ridge Municipal Building August 7, 2012 Mr. Leroy Kuczek 3790 Independence Street Wheat Ridge, CO 80033 Dear Mr. Kuczek: 7500 W. 29 Ave. Wheat Ridge, CO 80033-8001 P: 303.235,2846 F: 303235.2857 This letter is a courtesy reminder regarding the expiration of your variance approval. in February 2012, the Board of Adjustment approved your request for a 5-foot variance from the 15-foot side yard setback requirement for construction of a new home on property located at 10561 W. 38 Avenue (Case No. WA- 1 2 -0 Section 26-115,0.5 of the municipal code states that all variance requests automatically expire within 180 days of approval unless a building pennit for the variance has been obtained within such period of time. Our records indicate that no building permit for the project has been issued, and your variance request will expire on August 21, 2012. I can suggest the following options: • Obtain a building pen before August 21. Building pet illits expire one year after the date of issuance; the building official is authorized to grant one or more extensions it'justifiable cause is demonstrated. • Submit a request for an extension of the variance approval. Extensions of time may be granted by the Community Development Director if justifiable cause is demonstrated, but only if a written request for the extension is made prior to the expiration of the valiance (August 21, 2012). • If no action is taken and the variance expires, a new variance application would need to be submitted for the project, including all applicable documents and fees. Please feel free to contact me with any further questions. Sincerely, Lauren Mikulak Planner I wmv.d.wheatridoexoms M ME 7500 W 29 Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 301235.2857 Please be advised that at its meeting of February 23, 2012, the Board of Adjustment APPROVE e your request for a 5 foot side yard setback variance from the 15 foot side yard setback requirem resulting in a 10 foot side yard setback for property zoned Residential-One and located at 10561 West 38th Avenue for the following reasons: 5. This is a sub -standard R- I lot at 85 feet of width as opposed to the normal 100 foot wid"'I thereby creating an anomaly germane to the requested variance. • The proposed front yard setback is 50 feet as opposed to the minimum required 30 feet which will work to mitigate the visual impact of the variance. 7. There were no objections from the neighborhood. With the following conditions: www.d.wheatridge.coms Page 2 March 5, 2012 Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting, February 23, 2012. This variance sh automatically expire within one hundred eighty (180) days of the date it was granted, August 21, 2012, unless a building permit has been obtained. 1= 4" Kathy Field Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA -12 -01 (case file) CERTIFICATE OF RESOLUTION COPY 1, Ann Lazzeri, Secretary to the City • Wheat Ridge Board • Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 23rd day of FebLuM 2012. CASE NO: WA-12-01 APPLICANT'S NAME: Leroy Kuczek LOCATION OF REQUEST: 10561 West 3 8" Aven] that there were no protests registered against it; and rem klik"d 0 Wheat Ridge. I A TYPE OF VARIANCE: A 5-foot side yard setback variance from the 15-foot side yard setkae 2. The applicant is proposing a substantial investment in the property that may not be possib without the variance. i 4. The request is consistent with the existing conditions in the surrounding area, as several R-1 properties in the area have primary or accessory structures that encroach into side yard setbacks. 5. This is a substandard R- I lot at 85 feet of width as opposed to the normal I 00-foot width thereby creating an anomaly germane to the requested variance. 6. The proposed front yard setback is 50 feet as opposed to the minimum required 30 feet which will work to mitigate the visual impact of the variance. 01 Board of Adjustment Resolution WA-12-01 Page 2 of 2 0 0 0 1. The property shall comply with the landscape requirements of Section 26-502 for new single- family residences, including those requirements related to landscape coverage and street trees with a recommendation that drought resistant plant material be explored for possible landscaping. 2. The property shall comply with the vehicle access requirements of Section 26-501T for single family dwellings, specifically that the first 25 feet of driveway area from the existi et- edge of pavement into the site be surfaced with recycled asphalt pavement (RAP), concr asphalt, brick pavers, or similar materials. 3. A western side yard setback shall be 17.5 feet as proposed • the applicant. 4. The building permit shall not be issued for less than the applicant's offered 50 feet. VOTE: S. ABBOTT, BELL, BLAIR, GRIEGO, GRIFFITH, HEDDEN, PAGE and WALTER NO: None ABSENT: HOVLAND DISPOSITION: A request for approval of a 5-foot side yard setback variance from the 15 -foot side yard setback requirement resulting in a I 0-foot side yard setback for property zoned Residential-One and located at 10561 West 38' Avenue was APPROVED. Mis M M 0 t I The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Chair ABBOTT at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. 2, ROLL CALL Board Members Present: Tom Jan6tBell Bob Btr Lily Gri EM 4. PUBLIC No. ', �-.01: An application filed by Leroy Kuczek for approval of a 5- foot side ya # # ck variance from the 15-foot side yard setback requirement resulting in a I 0-foot side yard setback for property zoned Residential-One and located at 10561 West 38 Avenue. This case was presented by Lauren Mikulak. She entered all pertinent documents into record and advised the Board there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. The purpose of the variance is to allow for a 1,720 square foot manufactured home to be located on the property at 10561 West 38 1h Avenu A variance was granted in 2009 but expired after 180 days because the applicant had not] Board of Adjustment - I - February 23, 2412 obtained a building permit. Staff recommended approval for reasons, and with conditions, outlined in the staff report. - Mat stall had not received any comments, inquiries, or objections from neighbors regarding the variance request. t In response to a question e "' 1\4r. Kuczek stated that he :1 by Xcel. he received the previous variance. M A Chair ABBOTT asked if there • response. Upon a mo '7111 'y Bosdft tift 'lik following res'6"n was # * I IR WA t . the economy and Aat his go! Board Member PAGE, the not eligible for administrative review; posted the fifteen days required by law and in ,,pt registered against it; and III 1111111pill 1111' Y ne granted without detriment to the pubic Aantially impairing the intent and purpose of the City of Wheat Ridge; Now, therefore be ifiesolved that board of Adjustment application Case No. A 12-01 be, and hereby is approved. Type of variance: A 5 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 10 foot side yard setback on the east side of the house. For the following reasons: Board of Adjustment - 2 - February 23, 2012 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The request would not be detrimental to public welfare. r r r• r, r , r # r a t at # the vehicle access requirements of Section ngs, specifically that the first 25 feet of edge of 'pavement into the site be surfaced (RAP), concrete, asphalt, brick pavers, or ' i M OM 1! "7 t Reas 0 6: The pr :. se from yard setback is 50 feet as opposed to the ' imu�r 3(1 which will work to mitigate the visual impact of the variance. h, GMs" Condition No. 3. A western side yard setback shall be 17.5 feet as proposed by the applicant. C ondition r, buil r . rmit shall nr be issue for less t ha n a pplicant's offere 50 feet. III gijiiiiiiiir 11111 1 11111111111111 111111 11�11111 1 ! 11111111111 lI Board of Adjustment -3- February 23, 2012 Reason No. 7: There were no objections from the neighborhood. Board Members BELL and PAGE accepted the friendly amendments. The amended motion carried 8-0. QaAe No. WF-12-01: An application filed by Tony Douglas for approval of a Class 11 Special Exception Floodplain permit for property located at 8955 West «° to allow for construction of a 4,000 square foot structure in the Clear Creek 100-year floodplain. Henry Hollender. 9201 West Tennessee iii Tony Douglas 0 by Chair ABBOTT. I 1 i, 1 podi to state that power washing will take place in the s •oin !« o the floodway. In response to conc6ffi expressed by Board Member BELL, Ms. Reckert stated that Wheat Ridge is a Title IV City and participates in state and federal storm water regulations. Mr. Hollender stated the storm water drainage design will meet Urban Drainage standards. Current Zoning tV } kn I ffil 91 R-1 Development Standards Setback Side Min. Required 15 ft 30ft 15 feet Proposed 10 feet Soft ±115 ft griffi 0 1 recommends Staff APPROVAL of -• for following reasons: N glum ME ro M, property shall comply with the landscape requirements of section 26-502 for new single-family residences. — The property shall comply with the vehicle access requirements • section 26-501.1' for single-family dwellings. 1W Vr City Of Wh6at�idge 87171 CASE MANAGER: CASE NO. & NAME ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment MEETING DATE: February 23, 2012 Lauren Mikulak WA -12 -O l / Kuczek Approval of a 5 -foot variance from the 15 -foot side yard setback requirement to allow for a new single - family home on property zoned Residential -One (R -1). LOCATION OF REQUEST: 10561 W. 38' Avenue APPLICANT (S): OWNER (S): APPROXIMATE AREA: Leroy A. Kuczek Leroy A. Kuczek 17,000 Square Feet (0.39 acres) PRESENT ZONING: Residential -One (R -1) PRESENT LAND USE: Vacant land with one -story garage ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map Site Board ofAdjustment Case No. WA- 12- 01 1Kuczek JURISDICTION: All notification and posting requirements have been met therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is requesting approval of a 5-foot (33%) variance from the required 15-foot side yard setback. The purpose of this variance is to allow for a 1,720-square foot manufactured home to be located on the property at 10561 W. 38 Avenue MMMAIRM. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for a variance from the strict application of the zoning code, if the variance request is not in excess of fifty (50) percent of development. If the applicant is denied administrative approval by the Director of Community Development, the decision may be appealed to the Board of Adjustment. The applicant was denied administrative approval by the Director of Community Development, therefore the Board of Adjustment is empowered to hear and decide upon the variance request at a public hearing. 11. CASE ANALYSIS The applicant, Leroy A. Kuczek. is requesting the variance as the property owner of 10561 W. 38"' Avenue. The variance is being requested so that the applicant may install a 1,720-square foot manufactured home on the property. The home is a three-bedroom, single-family home that is 57% 4" wide and 30' deep. Across W. 38"' Avenue to the south are properties zoned Commercial-One (C-1) and Residential- Three (R-3) which include the Jefferson County Library Service Center and a low-rise apartment complex. The surrounding neighborhood includes a variety of zone districts, including Planned Residential (PRD) to the east, R-3 to the west, and Residential -One B ( -113) to the north. Board qfAttitisonew Case, 14"A-12-01. Kuezek Now that the variance has expired the applicant is seeking a new variance approval for essentially the same reason as in 20K The primary reason for the variance request is based on the fact that the purchased the manufactured home that is intended for the property MWMI U�i". Because the lot is relatively large, it is possible to construct a home on the property that meets the setback requirements. In this case, however. where the applicant has already purchased a manufactured home, the size and dimensions of the home cannot be changed. There is only one alternative configuration that would allow the applicant to meet the setback requirements and still use the home he has already purchased. This would require turning the home 90 degrees such that the length of the home is perpendicular to W. 3 81h Avenue. The applicant has expressed several reasons why this alternative is less desirable: • The majjority of windows are on the long side of the house. and the applicant would prefer the windows to face south, thereby capturing the winter sun and not intruding on the privacy of a neighboring lot. • The gable style roof could accommodate a solar array, but to allow for a flush-mount installation of photovoltaic panels, the roof would need to be south facing. • If the length of the home is parallel to W. 38' Avenue as proposed, a larger portion of usable backyard space would be preserved. and the home may serve as a more effective noise barrier between the street and backyard. One-Familv Lhvellinjz in R-P Reauired A ctual Lot Area 12,500 square feet 17,002_s oars feet� Lot Width _(Mini 10() test (17, - in) 85 feet Board (#"1h#us1men1 Case, 1V4-12-0[1Ki4czek One-Fonfili Divel/11W in R -1. _Jk 25% (max) 15.7% Height 35 feet (max) ± feet Front Setback 30 feet (min) 50 feet Side Setback (west) 15 feet (min) 17.6 feet Side Setback (east) 15AqJT!yJ_ 10 feet Rear Setback l 5 feet (min) ±1 15 feet The public notification period is currently in progress, and to date no property owners have contacted the City with questions or objections. III. VARIANCE CRITERIA The Board of Adjustment shall base its decision in consideration of the extent to which the applicant demonstrates that a majority of the *'criteria for review" listed in Section 26- 115.0.4 of the City Code have been met. The applicant has provided an analysis of the application's compliance with the variance criteria Staff provides the following review and analysis. 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. The site is currently vacant, and regardless of the outcome of the request the property would still be able to accommodate a new single-family residence. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance request is not likely to alter the character of the locality. Adjacent properties are also zoned R-1, and half of these properties have sory structures which do not meet the 15-foot setback requirement Architecturally, the proposed home is a single story ranch that is consistent with the types of homes in the neighborhood to the west and north. With the excepition of the garage at the real-, the lot appears vacant and unimproved from the street . If the variance is not granted, the lot could remain vacant for an indeterminate amount of time. This could have substantially more impact on the character of the neighborhood as compared with the proposed setback encroachment. Staff finds this criterion has been met. Board qfA4juslinent Case No, IYA-12-O P"Knczek 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. The home that previously existed on the site needed substantial renovations, the high cost of which resulted in the applicant's decision to scrape the lot and purchase the manufactured home. The applicant has already made a substantial investment including the removal of the previous home and the purchase of the manufactured home. Although investment in alternative home designs could be made without the variance, approval of this variance request will support the investments that have already been made, rather than invalidate them. 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 appears to be 110 unique hardship related to the physical surrounding, shape or topographical conditions of the subject site. 'File lot is flat and exceeds the minimum lot size for a single-family residence in R -1. The applicant purchased the home before realizing implications of the setback requirements. Ultimately, the applicant's situation is considered an inconvenience rather than a physical hardship created by the conditions of the property. 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 alleged difficulty relates to the fact that the applicant purchased a manufactured horne that is too wide to meet the 15-foot minimum setback requirements. This hardship has been created by the applicant. Staff finds this criterion has not been met. Board ol'Adjustment Case No. W'11-12-0140iczek The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets. Nor would it cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. The home would not increase the danger of fire. It is unlikely that the request would impair property values in the neighborhood. The proposed home may in fact have a positive effect oil the neighborhood by developing what is now a largely vacant and underutilized lot. 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 only unique condition in the neighborhood that may support the variance request is the existence of several homes in the block that are also zoned R-I and have nonconforming or reduced setbacks. InclUding the subject property. there are eleven lots in the block that are zoned R- I At least seven of these properties have primary or accessory structures that are located within the 15-foot side setback. 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 riot awlicable. Board qf.44jusiment Cuse, HA-12-01 Wuczek 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 variance from the 15-foot side 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, The request would not be detrimental to public welfare. 4. The request is consistent with the existing conditions in the surrounding area, as several R-1 properties in the area have primary or accessory structures that encroach into side yard setbacks. With the following conditions: 1. The property shall comply with the landscape requirements of section 26-502 for new single-family residences. including those requirements related to landscape covet-age and street trees. 2. The property shall comply with the vehicle access requirements of section 26-50LF for single-family dwellings, specifically that the first 25 feet of driveway area from the existing edge of pavement into the site be surfaced with recycled asphalt pavement (RAP), concrete, asphalt, brick pavers. or similar materials. Board (Y'Adjuslinent Case No. ITA- 12-01 Kt4czek EXHIBIT 1: SITE PLAN �rl I Q A 4 3i .J p t tp I I t 1 Board a /. lc#uslmenl 8 ('usc Ao. IIA -12-01 huc_ek 4) ry s R =' x. R p hLIS 8 L� I 91 I I Q A 4 3i .J p t tp I I t 1 Board a /. lc#uslmenl 8 ('usc Ao. IIA -12-01 huc_ek I!J,AxIIBIT 2 #0 BOA MEETING MINUTES TAM , 'Mrs-WiR"'M 1%." P"rUSIP- nw,'"ITIFF"'T N y Chair Bucknam at 7:05 p.m. in the City Council Chambers of the Municipal Buildin& 7500 West 29 Wheat Ridgc, Colorado. I M i EMB N 2 IN for forth #1 '. !• i r .. 1. !'., M 111 1111 J lip! #.. ". There were no other individuals present who wished to address the Board. Chair BUCKNAM closed the public hearing. Upon a motion by Board Member BELL and second by Board Member DUCKNAM, the following resolution was stated: Whereas, the applicant was decried permission by an administrative officer; and Whereas, Board of Adjustment nt a pli ton Case No. WA-09-10 is an appeal to the Board from the decision of an administrative officer; and Whereas, the property has been posted the Iffteen days required by low and in recognition r' no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge, and with substantial compliance with recommendations of the Neighborhood RevitalizAtiou Study. Board of Adjustment Minutes .2— October 22, 2009 Board (?fA(#u.qmen1 10 C ase .'o, 1JA- I2- 01!Kucz WA-09-10 be, and hereby is APPROVED. For the following reasons: Board Member BUCKNAM commented that be believed the house will add value to the neighborhood. I 037740N for utility vehicles. The motion carried 6-0. r - T UXthy Montgomery LOMMO #1 M Board qf, Cas IIA-12-01 Kuczek EXHIBIT 3: ZONING MAP � irr I , - A 0595 ` i' I , i �� 10595 10585 1► Board o/. I c# sonenl 1 Case Ao. 11:1-12-01 Kuc_ek EXHIBIT 4: AERIAL ?O I () \trial Board ol.Idjuslinew 2012 Aerial. courtesy of Google Maps EXHIBIT 5: SITE PHOTOS Board of Adjustment 14 Case No. WA- 1' -01 tiuczek EXHIBIT 6: MANUFACTURED HOME This image above shows the front side of manufactured home that the applicant has purchased and is seeking to locate on the property at 10561 W. 38` Avenue. This is the facade that is proposed to face W. 38` Avenue. This image shows the rear of manufactured home that the applicant has purchased. Board ofAdjustment 15 Case No. WA- 12- 01 1Kuczek [EXHIBIT 6: MANUFACTURED HOME. contillUed] In Board qf,44juslinent 16 A V Case ? . JfA- 1301 [EXHIBIT 6: MANUFACTURED HOME, continued] 11 ar XF Board (,)f. 17 Case No, 14`4-12-01 Kuczek Jr-dAMBIT 7: LETTER of REQUEST The crlr1,Vicant has submitted the cover letter° to 1)i�ovicle cr In -giect update and an exlalcrncrtion,l the re- r - equest cif "the variance. Tlie lrr(�fect clescr °il,)tiorr cruel reslionse to cr•itericr that . /b/low fiver e trr°ig nahl y cwnrl)osecl in 2009 and submitted n— C. asc o. R�� -0 -10. The a1,)1 licant's request and rationale have not ehcrngwd, thus the same criteria crncrl).sis has been .submitted. Me se note tha auny r'efer'ence to the existing house is obsolete as that home was removed in 011. HiMMEMEM City of •' 7500 W. 9* Ave •;• i ,!1 + ♦ t • Please • attached my package r • r • consideration t «r. • r Feb ruary meeting. This Is a rea pplicati o n � for a variance previously granted by .t. rd on October 1/s case number t. 09 f For of t • ^ to complete my project at 10561 period I am now prepared r forward to completion and am rea pp lying. •r r • • I I t TITSITIT • i s 0 The l si de s of t co t t+ Pl • use as req will o rient win dows r they face south for •t •♦ • t • = M 111 111 1 1 FIR"I "IM 1 1 1 9 is r =M= c Other orientations place windows so they look Into nelghbors'yards rather than my own. There would be privacy C ontiguous backyard space Is maximized providing • st flexibility for t' r r play areas o other reasonab • finally as much street noise possible blocked a back yard. : Avenue Is busy no volumes are not expected to decrease over time. I would like to protect to whatever degree Is possible backyalM quiet. Wise ch oice o l andscap i ng but not putting t h e h Board (Y'Actiustrnernt 18 Case No. 11:1- 12-01 Kuczek fEXHIBIT 7: LETTER OF REQUEST. continued] Mal awl W- II or additional information on any item. Thank you for your iconsideration. Board (Y'Adjustmeni Case Na H IM [EXHIBIT 7: LETTER OF REQUEST, continued] Leroy A, Kuczek 10561 West 38" Avenue Wheat Ridge, CO 8W33 ............ . 1 11-1111'"',-,", I'll The property is located on 38' Avenue between Kipling and Youngfield, It is on the north side of the street, second lot east of Nelson. The subdivision directIV adjacent to the north is labeled Wheat Ridge, Manor on city and county maps. The east side of the property has no concerns. There is a fence separating me ftom t adjoining lot, but nothing else. The west side of the property, however, has i I Leroy A. Kuczek - Review of Request for Variance Pagel /4 Board q1',44justmPaz 20 Case, WA-12-01,Knezek I am requesting that « > <« side setback be reduced from 15 feet, to 10 feet 4<r new residence, leaving 17 feet 8 inches on the west. This will provide enough width for the larg©> »: and address the other Issues described above. A. 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. IN! Fill Leroy A. Kuczek — Review of Request for Variance Page 2 of 4 Board q1' ' 44justment 21 CaseNo.I! -12-01 Kuezek C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. D. The particular physical surrounding, shape, or topographical condition of the specific property results In a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. The primary obstacle to progress is the property's shape, It is deep but not very wide. Current minimum lot width for R-1 zoning is 100 feet. The width of the lot under consideration is 95 feet. For financial hardship. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. make the answer to all question no. Supporting information has been given above. G. The unusual circumstances or conditions necessitating the variance request are presei in the neighborhood and are not unique to the property. Leroy A, Kuczek — Review of Request for Variance Page 3 of 4 Board (?f 44#usiment 22 Case Na IY4-12-01'KuczeA H. Granting of the variance would result In a reasonable accommodation of a person with disabilities. zm�� 1. «x1 +» » «. :< insubstantial compliance with the applicable standards set forth in the Architectural and Site Design Monuol. mz »7 «<v» MMMMM= Board qfActiustment 23 Case No. NA-12-01'Kiiezek , ,A City of W heat id e g POSTING CERTIFICATION CASE NO. WA -12 -01 BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT HEARING DATE: Thursday, February 23, 2012 (n a m residing at 4:7 90 -LAJ D l%, 9 YQW QCG � i OV 1-f - — r Ki m l: CJ (address) as the applicant for Case No. WA- 12 -01, hereby certify that I have posted the Notice of Public Hearing at 10561 W. 38 Avenue (location) on this 9`" day of February 2012, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature. NOTE: This form must be submitted at the publi earing on this ase a d will be placed in the applicant's case file at the Community Development Department. MAP 38TH. P 10580 10570 10560 10610 10490 10451 .j n J nil 14471 Z 03820 10511 10558 Dials to488 10585 .__ -- _ - -- 38TH -AVE — JT� = A N 0 # I R R gill I I* OKI] a alyn - ,j )XII DIVII Iw*I NO I DI The full text of this notice is available in electronic form on the City's official website, www.ci.wheatridf-ye,co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. FUMMIMURVAS M�� Citylo-f 4 . I City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303,235.2846 F: 301235.2857 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26-109,D) la { wmzi• •� As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate, in all public meetings sponsored by the City of Wheat Ridge, Call Heather Geyer, Public Information Q#I'cer at 303-235-2826 at least one week in advance q a meeting ifyou are interested in participating )f and need inclusion assistance. - ision at j 71- anj 7juesnom or Vesire to review any plans, please contact the tTannfng ON 303-235-2846. Thank you. Planning Division. www.ci.wheatridge.co.us rod buy 911083101C ti 7011 0470 0002 3336 4283 RENDON GEORGE RENDON DONNA L 3872 NELSON ST 7011 0470 0002 3336 HAND DONNA S 3865 MILLER CT WHEAT RIDGE CO 80033 7011 0470 0002 3336 MAESJONATHAN MAESLAURA 3862 NELSON ST 70110t470 0002 3336 IVERSON ERIK C KENDALLLYNNED 3883 GARRISON ST WHEAT RIDGE CO 80033 am mpm • ALACIO GILBERT B 3871 MOORE ST WHEAT RIDGE CO 80033 7011 0470 0002 3336 IWILWANNIfiel ,3,4T =I BORO JEANETTE G LOWITSCH VALENTINA 10505 W 38TH PL 10684 W 38TH PL WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7011 0470 0002 3336 4351 7011 0470 0002 3336 4344 7011 0470 0002 3336 4368 --- SOI - IMIDT ' MARTIN P - "" - " - " - COPHER BRIAN J WOLFRUM TERRY LEE PO BOX 16176 COPHER DELILAH ANN 10559 W 38TH AVE GOLDEN CO 80402 10490 W 38TH PL WHEAT RIDGE CO 80033 7011 0470 0002 3336 4337 WHEAT RIDGE CO 80033 7011 0470 0002 3336 4313 7011 0470 0002 3336 4320 LONARDO MARIA GONZALEZ SALVADOR SCOVILLE JERRY L LONARDO LOUISE QUINTANILLA SALVADOR 10570 W 38TH PL LONG CARMINE J GONZALEZ WHEAT RIDGE CO 80033 2165 S EVERETT ST 10560 W 38TII Pl, LAKEWOOD CO 80227 WHEAT RIDGE CO 80033 7011 0470 0002 3336 4450 7011 0470 0002 3336 4306 7011 0470 0002 3336 4290 KUCZEK LEROY A ROESCH JOHN J HALL DARLENE 10561 W 38TH AVE 3840 NELSON ST 10499 W 38TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 0470 0002 3336 4443 7011 0470 0002 3336 4436 701x1, --,- 0 - 470 00 , 02 -,- 33 , 36 -,-- 4 - 429 CAROLLOFRANK, CAROLLO NICOLE M 10580 W 38TH PL 0 E: ORCHOLSKI JANINA A ORCHOLSKI JANINA ANNA 3815 NELSON ST WHEAT RIDGE CO 80033 ?011 0470 0002 3336 4399 HUCKENPAHLER PATRICIA LEE RUCKENPA14LER MARK L , W BAYAUD PL LAKEWOOD CO 80226 BOARD OF TRUSTEES OF THE PATTERSON ROBERT J JEFFE PU LIB 3 PL 10200 W 20TH AVE •�r LAKEW CO 7011 0470 000 3336 4504___7011 0470 0002 3336 4498 10585 W 3 « RI j WHE O • i 10545 W 36TH Pl, 7011 0470 '.. dMt 4474 WHEAT RIDGE CO 80033 0 333 44 FICCO ANTHONY M tA t�L 3650 VANCE ST I WHEAT RI 7011 0470 000 3336 4481 WATER FEATURE ! •sr x DEPARTMENT OF MAP ADOPTED: June 15, PLAWN0 AND DEVELOPMENT last Revision: September 10, 20Q1 0 ""' E 21 PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) 03890 $85 'v a -:—' - 03882 03881 03880 03 885 r „ :03880 03875 1 - + 0387D 03871 03 70 03875 U co 03875 ' r :_ i eeerrl . uj 03870 J u� LU �— 03 9 8 F 62 ; 03861 03860 03865 10695 10605 ;� �„ 10595 b 10505 , 104751 !i f 10680 �10'fi40 '=Y r -°� 10490 Aft tY 1=03840 ; .,.. Moir 10559 03120 10561 a , 10683 10691 .. rO3 15 ` ` 10595 "". - �-- 38T H AVE — 10 K1 50 10600 � 10 � 450 W k el F � �' 10560 - dt Cl Ole '_03E 105% 1 585 10545 _ — ' 371 03705 10595 L 't0586. � ... r685 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue, Wheat Ridge, CO 80033 Phone (3 03) 235-2846 (Please print or qW all information) Appli rr t Address /0 W - W Phone 720 - 05 -,96 Ciq , State —L—ALl— Zip Fax Own er--IS Address city_ State zip Fax Contact 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), Type of action requested (check one or rnore of the actions listed below which pertain to your request) 1= 9 must submit power-of-attomey from the ow MMM= M 4hLd A iZ*J_, 20_LZ�- ,�OTA Notary To be filled out by staff. Dater ived Comp Plan Desig,_ ___ ____ Related Case 0V Fee t No Zoning Pre-App,Mtg. Date_____ f %prey 67 / Case No, Quarter Section Map_ Case Manager,4—fLx—� City of #: 7500 W. f Ridge, Wheat • # same location on the lot. The new house Is a rectangular ranch style with a long side of 57 feet 4 Inches and a short side of 1 feet. I would like to position # w- across # t. My lot Is 85 feet wide. Section 26 of # 'g-regulattlims slifess, o # # house I am requesting that I be allowed to reduce the east side setback from 15 feet to 10 feet. This will provide room for the new other setback d area requirements. windows The long sides of the house contain almost all the windows. Placing the house as requested will orient the larg # they face south for •# Other orientations place windows s they took Into neighbors'yards rather than my own. There would be privacy concerns. other Contiguous backyard space Is maximized, providing the most flexibility for garden, landscaping, play areas, or any # quiet, And finally, as much street noise as possible Is blocked from the back yard. 38 0 Avenue Is busy now and traffic volumes are not expected to decrease over time. I would like to protect to whatever degree Is possible backyard di: of landscaping but #. nearly as effective as putting house Since the previous hearing, there have been changes. First, the old residence was demolished. The lot Is empty except for the garage, which I Intended to keep. Updated pictures of the lot as It Is now are Included In the package. Second, financing was changed, There Is a new deed, a copy of which Is also Included. Please let me know If you need clarification *r additional Information on any Item. Thank you for your consideration. REC REQUESTE• Fort CoMm Branch 713 S Lamay Ave Fort C omns . CO � 16 ' i p A 1► Farmers Saf* F ort Bra 7 1 3 S Lomay Ave C O Fen Cofts, . *r SEND TAX NOTICES TO: 10561 West 80% Avenue ' Wheat RkIng, CO 80033 FOR RECORDER'S USE The West 85 F eet o 1 Feet of the North 200 Feet of the South 230 rb r •:. land Acres of a E ast O . +': z southwest One-Quarte ..�. e.. S • the East 5 Acres of i Sou thwest '! uarter o One-Quartor of Section 21, Township 3 South, Range 69 West of the 6th P.M., County of Jeffers Stat of u a .: sd. eo e x , 15 September', 2009 City , § «±a Ridge 7500 W 29th Ave. Wheat Ridge, CO 80033 Please find attached my package of information for preliminary zoning variance review. Included are * ReWnses to review criteria * A rough dravAng which shows the lot and structures ther] * Pictures of the proposed new residence, Please let ® know if © need clarification or additional information on any item, an you for your consideration, MEE= 1 October, 2009 City of Wheat Ridge Community Planning and Development Department 7500 W. 29th Ave. Wheat Ridge, CO 80033 -me-Krwv-ff 11alf, ne r a Monal Intormation on any item. Thank you for your consideration. U��� The property is located on 3e Avenue between Kipling and Youngfield, It is on the north side of the street, second lot to Nelson. The subdivision > ©. :£» to the north is labeled Wheat Ridge Manor on city and county maps. N"77"j ITS 02 1W Ing IF rigni U17M7 T673F the south end. Applying 15-foot setback rules to the east and west sides, a maximum width of 55 feet for any structure is allowed, The width of the proposed residence is 57 feet 4 inches: slightly more than fits the lot without variance. The east side of the property has no concerns, There is a fence separating me from the adjoining lot, but nothing else. » .a side of the property, however, has a row of Leroy A, Kuczek — Review of Request for Variance Page 1 of 4 A. The property in question would not yield a < < «< :©. in use, service or income if « »« ©e to be used only under the conditions allowed by regulation for the district in »« « « » »< 2<« 0 square eet to 18W square feet: some with basements, others without. Leroy A. Kuczek — Review of Request for Variance Page 2 of 4 D. The particular physical surrounding, shape, or topographical condition of the specific ©: » »«`© « lar and unique hardship (upon the owner) as distinguished from a mere inconvenience. The primary obstacle to progress is the property's shape. It is deep but not very wide, Current minimum lot width for R-1 zoning Is 100 feet. The wid«h/2x lot under consideration is 85 feet. For reasons expl« <! # » »® , ompliance would impose a financial hardship, I gil urgZUTSI placement, access, 24 »< that make the answer to all question no. Supporting information has been given above, G. The unusual circumstances or conditions necessitating »® variance request are present in the neighborhoBandar not unique to the property. Leroy A. Kuczek - Review of Request for Variance Page 3 of 4 H, Granting of the variance would result in a reasonable accommodation of a person with disabilities. 1. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Leroy A. Kuczek — Review of Request for Variance Page 4 of 4 I �1 C� im , : 121 Al �l nP v C� 11 0 L _� r�.l u� �� �� F 5 �.J C> , Pit V w t a I I I I I w. a 9 4 W� $ g 1 b LJ a iL I P ,b8 1 44 i �bf F A t lot t n Nk a G i. ,b8 1 44 i �bf F A t lot t Nk ,b8 1 44 i �bf F A iL 0 Rt if fa I I tp 77 0 Rt if fa I I tp I CITY OF WHEAT RIDGE 01/27/12 3:52 PM edba KUCZEK/LEROY A RECEIPT NO:04886815 AMOUNT F1,SD ZONING APPLICATION F City of LAND Wh6at e ]�?O USE APPLICATION FORM 180.08 DFVEJ,0PM PAYNENT RECEIVED Case No. WAl201 } D ate R eceived D R RelatedCases Mikulak Case Planner 480.60 Auth Code: Case Description .5 foot side yard setback variance to allow far a new manufactured home 480.08 Name Name Phone 1720) 635 8532 0.W wWV Address 16561 City sWheat Ridge state CO zip Name Name Phone 3[720] 635 8532 Address city Wheat Ridgo i S tate Zip 114&Vwd&w Name , y ' Aj � Name 'Caro Phone (720J 635-8532 Address 10561 W 38th Ave. coy rrN j Wheat Ridge S tate Zip 166033 . .... ....... .................. . .. Address 10561 Street West 36th Avenue coy State zip Location Description Project Name 'rarcif Ott Section District No Parcel No X39 214 00.040 Qtr Section 'SE21 1 District No,: 1111 Re III* WX Pre-App Date Neighborhood Meeting Date App No Review Type Review Body Review Date Disposition Comments Report .Public Hearing qA I 2/23/20121; - - -------- [;] ------ - -------------- 0 1 ...... .... L . ......... . ...... ........ - ........ .. Pecord� 14 4 3948 of 3948 JP 01 11 Unfiltered Search . .......... ltt CITY OF WHEAT RIDGE 01/27/12 3:52 PM edba KUCZEK/LEROY A RECEIPT NO:04886815 AMOUNT F1,SD ZONING APPLICATION F 308.00 ZONE FNSD 'LOWING REIMBURSEMENT 180.08 ZREIM PAYNENT RECEIVED AMOUNT KC 7671 480.60 Auth Code: 008927 TOTAL 480.08