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HomeMy WebLinkAboutWA-12-08— NI City of Wh6at ' id l e g COMMUNiTy DEVELOPMIN�T City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033-8001 P: 303-235.2846 F: 301235.2857 May 30, 2012 "I Ii - 11 1 , • I I 1 1 1 TEN your request for a 7-1/2 foot variance from the 15-foot side yard setback requirement resulting in a 7- 1/2 foot side yard setback on property zoned Residential-One (R-1) and located at 4090 Field Drive for the following reasons: With the following conditions: I . Design and construction of the addition will be generally consistent with Exhibit 3 subject to staff review and approval through review of a building permit. 2. The applicant shall submit a landscape plan working cooperatively with city staff to have an approved plan which will serve as a buffer to the neighbors to the west based on testimony heard during the meeting. www.ci.wheatridge.coms William L. Rickman Page 2 May 30, 2012 it *1 Me Wale it 7737 gxamea, J A 2012, unless a building permit has been obtained. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fieli Administrative Assistant OMMIONEMS WAl208.doc 'CERTIFICATE OF RESOLUTION I I i 1, WOMM V 1110 WHEREAS, application Case No. WA- 12-08 was not eligible for administrative reviel and 3. The proposed investment is consistent with the Neighborhood Revitalizati Strategy and other documents supported • the city that encourage propertl improvements. 4. The unusual location of the home in the western comer of the lot reduces viable alternatives. 5. The request would not be detrimental to public safety or welfare. 6. The request is consistent with the existing conditions in the surrounding area a, several R- I properties in the area have pnmary or accessory structures that encroach into side yard setbacks. Board of adjustment Resolution No. WA-12-08 Page 2 of 2 7. Staff noted that 13 properties in the area have encroachments, 8 of which have some record of a variance or administrative review. 8. Some other alternative proposals would actually be detrimental to the propel itself and to adjacent properties. Design and construction of the addition will be generally consistent with Exhibit 3 subject to staff review and approval through review of a building permit. 2. The applicant shall submit a landscape plan working cooperatively with city staff to have an approved plan which will serve as a buffer to the neighbors to the west based on testimony heard during the meeting. VOTE: YES: BANGRART, BELL, GRIEGO, HOVLAND, PAGE, REDDON, WALTER NO: ABBOTT DISPOSITION: A request for approval of a 7-1/2 foot variance from the 15-foot side yard setback requirement resulting in a 7-1/2 foot side yard setback on property zoned Residential-One was APPROVED. Ann Lazzeri, Secret y Board of Adjustment 11 , HON., L"INUMIQ 'Flo, 4 2. ROLL CALL Board Members Present: M Alternates Present: 3. PUBL"1 the age No one EI M RM A. Case TIo. WA-12-08: An application filed by William L. Rickman for approval of a 7-1/2 foot variance from the 15-foot side yard setback requirement resulting in a 7-1/2 foot side yard setback on property zoned Residential-One (R-1) and located at 4090 Field Drive. Board of Adjustment Minutes - I -- May 24, 2012 interest that would prevent him from hearing the case. He stated that he has had no conversations with the neighbors regarding this case. there were eight. 0 Mr. Rickman stated that the garage ised concern that raising the proposed garage to be • k , Board Member HEDDEN asked if the addition would necessitate the removal of mature trees. Mr. Rickman stated that a mature tree may need to be removed but would be replaced. He also commented that with the exception of one bush, all other large mature foliage belongs to the adjacent property. Board of Adjustment Minutes - 2 — May 2 4, 2012 I Q that concerns seem to revolve around the elevation of the • wall. He stated that, he believed his idea takes less of a • physical presence from Field Street. He commented that a WAM"W IIIN In response to a question from Board Member BELL, Mr. Rickman stated that he would be willing to provide a landscape plan to the city. if - orfi'Clo, WVS � I en Itp WIM types of windows that would enhance the appearance while providing the security Mr. Rickman needs for his cars. Board of Adjustment Minutes -3— May 24, 201 2 'VIM$ the following resolution was stated: WHEREAS, application Case No. WA-12-08 review, and WHEREAS, the property has been welfare and without substantially rAM&A VgKILW:�" Z o MMI 0333= to the public OIJA i i #5�d of Adjustment Case No. WA- Board of Adjustment Minutes -4— May 24, 2012 With the following conditions: Board Member HOVLAND commented he believes itis, important that the proposal is ra Iiii W-W 14.4mg-IIIIII m as possible. ffliffiffilffiffiffilm- IN the garage itself OEM M EM M U Rita -Nn M Th� inoltial. r ,will Chair expres mumaz= Board Member PAGE reminded Board members about supporting a banner at the Carnation Festival. Board of Adjustment Minutes - 5 — May 24, 2012 U a A. Approval of Minutes — April 26, 2012 — It was moved by Board Member HOVLAND and seconded by Board Member BELL to approve the minutes as written. The motion passed unanimously. B. Meredith Reckert encouraged Board members to visit the 3 8 0 ' Avenue project. Tom Abbott, Chair Ann Lazzed, Board of Adjustment Minutes -6— May 4, 2012 PIBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMEN May 24, 2012 1 Case No. WA-12-08: An application filed by William L. Rickman for approval of a 7 112 foot variance from the 15 foot side yard setback requirement resulting in a 7 112 foot side yard setback on property zoned Residential-One (R-1) and located at 4090 Field Drive. (Please print) Name Address In Favor/Opposed Var 4Nr + M "` 1.2,500 sf Minimum k 1 \ y l a2e1} inimum 100 ft tual 150 ft a t Proposed (w/ addition) o ' 1&6% Side Front Rear - �,t 15 ft 30ft 15 feet 5 z 7.5 feet ±50 ft 15 ft 5/31/2012 5/31/2012 All A V Nv- MN a' • 1 -i.: • . 1 2 cp Vl .L 9 �- '° 'cry a `l S / f A A A A A A A A A A A A A A A A A A A A A A A A N A 0 tD 0 t0 0 lD 0 l0 0 4O 0 0 0 10 W lD O W O 00 O J O V O V O O O rn O In O O cn O in O A O A O W W V Q) V1 A w W N) N N O V W l0 W O lD w Un lJ1 V V U t W N O V1 O O D . D 2 N S O rD C N =r C S d N O S O O C S M a rD a 0 o c S o S o S rD a c ° c c SD c a d O n rD S rD N D 3 O . Q ]r Jr N fl. Q) N N N (y IA n Ca n n rD S C+ O a rD N fD Q O N N < Q ° N Q r0 rD a a < { C{ <<{ C { D D D D D ul 00 V to V J F+ Qi N t0 O N N N N O m A M A l oo W 00 X X X X X X X X 01 7 w N w 3 ti` F+ D 7 O" O 1 m S S O n O '6 �^ 7 7 L12 N F+ 7 N I 7 7 M O O O O RO N 0 W 7 O C O C> 3 0 O N Cl 3 0 0 < y C) �, O f O O O M. 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C. .. �O N O cr (Di :E v S O O �. n " rD 7r f-°D N v o M ° < c 0 ?r < a 0 3 a n ao c 3 3 < °, rD v m v o ° D o 0 0 0 ° 0 a c a 0 3• F 'z ( 0- < ^y a A(D (D cL C -00 n rD O 0 O - O 3 -0 < D T o a c o o s o N n D o rD rc 3 D CL , < o Q a rD r. rm or 3 O 0r — n x < rD cp Vl .L 9 �- '° 'cry a `l S / f City of Wheat �dge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment MEETING DATE: May 24, 2012 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: WA -12 -08 / Rickman ACTION REQUESTED: Approval of a 7 '/s -foot variance from the 15 -foot side yard setback requirement for property located at 4090 Field Drive and zoned Residential -One (R -1) LOCATION OF REQUEST: 4090 Field Drive APPLICANT (S): Bill Rickman OWNER (S): John Ziska APPROXIMATE AREA: 18,125 square feet PRESENT ZONING: Residential -One (R -1) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map Site Board ofAdjustment Case No. WA -12 -08 / Rickman JURISDICTION: All notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 7 1 /2-foot (50%) variance from the 15-foot side yard setback requirement, resulting in a 7 '/. side setback. The purpose of this variance is to allow for an addition with an attached garage on property at 4090 Field Drive. 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 and if no objections are received during the public notification period. The applicant was denied administrative approval by the Director of Community Development because an objection was received during the public notification period. Therefore, the Board of Adjustment is empowered to hear and decide upon the variance request at a public hearing. 11. CASE ANALYSIS The applicant, Bill Rickman, is requesting the variance as a prospective purchaser of the property. The current owner has authorized the request, and the applicant is under contract to purchase the home dependent on the outcome of the variance request. The applicant is requesting a 7.5-foot (50%) variance from the 15-foot side setback requirement to accommodate an addition that would be about 800 square feet in size and would include an attached two-car garage. The property is currently for sale, and the applicant is tinder contract to purchase the lot, but requires the additional garage space to accommodate two classic cars. The addition is proposed to be located adjacent and perpendicular to the existing attached garage. This would allow the applicant to continue using the existing driveway. This configuration would also allow the design to continue the existing roofline such that the addition is aesthetically cohesive with the rest of the home It may be possible to construct additional garage space without a variance, but the alternatives are less desirable Ior several reasons. Given the size of the property, one alternative would be to construct a garage on the east side of the property. There are currently no accessory structures, so the applicants could construct a 1000-square foot detached garage. Board of Adjusltneni Case No, HA-12-08 Rickman This option could have significantly more impact, however, than the proposed configuration. A detached garage would result in a second driveway. The zoning code Would require a horseshoe drive, and the additional paved area could negatively impact the aesthetics of the property due to the large amount of hard surfacing in the front yard. This alternative would also consume a significant portion of the useable yard space and may require the removal of mature trees. A garage on the east side of the property could be located at the 30-foot front setback which would be significantly closer to the street than the home is currently located. A detached structure on the east side may also result in the new garage doors facing Field Street and visually dominating the f4ade of the home. The applicants have proposed the new doors to be perpendicular to the home precisely to avoid this effect. A second alternative would be to extend the depth of the existing garage. The additional space is being requested to store vintage vehicles that do not require frequent access or use. This would avoid the visual impact of new garage doors, but it is not a viable option because there is not enough space between the home and rear property line. The existing garage is only 24 feet deep and is located at the back of the lot only 15 feet from the rear property line—this is the minimum setback required in R - The variance would result in a 7 V.-foot side yard setback, and the proposed single-family home would meet all other development standards including maximum lot coverage. The following table compares the required R-1 development standards with the actual and proposed conditions: R-I Lei:elcr rrraenl.�Ian(lyr(ls. __ - - ­­­ ­­1 ------------------ Required Actual Lot Area 12,500 square feet (man) 18, 125 square feet Lot Width 100 feet (min) 150 feet Home uVAtMilion. Required PrOpOsed BuildillIg Coverage 25% (max) 18.6% Height 3 5 feet (max) 1 5 feet front Setback (north) 30 feet (min) ±50 feet - Rear Setback (south) 15 feet (min) 1 5 feet Setback Sn��� 15 feet (min) 7 V2 feet - Side - Side Setback (east) 15 feet (min) 38 feet This variance request began as an administrative application. During the required 1 0 -day public notification period, two neighbors inquired as to the nature of the request but stated o obje ction . A written objection was received from the property owner at 4070 Field Drive iiii in addition, that property owner collected signatures from 12 other neighbors. None of these neighbors have independently contacted staff regarding the variance request. Board elf Adjuslment Case No. IIA-12-08, Rickman The 15-day public notification period for the public hearing is currently in progress. As of May 16. 2012 no additional objections or inquiries have been received. 111. 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 dicant 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 in use. The property would continue to function as a single-family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the locality. The applicants have expressed that they are requesting the variance in order to provide the most aesthetically appealing and least impactful end product, The addition is proposed to be about 50 feet from the front property line, and mature landscaping provides a visual buffer from the nearest home to the west. The addition will be designed to complement the house; the garage will extend the existing roofline and the new garage doors will be perpendicular to Field Drive. As described above, a detached garage on the east side of the property could be constructed without a variance, but this alternative is more likely to negatively impact the character of the neighborhood -- -it would result in more hard surfacing in the front yard, closer proximity to the street, garage doors that are more visible from the street, and the possible removal of mature trees from the front yard. It should also be noted that while the entire neighborhood is zoned Residential-One, several properties in the area have primary or accessory structures that encroach into minimum setbacks. There have been 4 approved setback variances for properties within 300 feet of the subject site. Permit records. aerial imagery, and a field survey indicate that all additional 9 homes have setback encroachments. While approved variances and nonconforming setbacks do not necessitate approval of the current request, they are indicative of the physical character of the area. It should also be noted that 8 of the 13 properties a party to the letter of objection are those which also have setback encroachmentswNWAIWOMON. Staff finds this criterion has been met. Board (,?f Ae#uslmen/ Case AV IVA42-08 Rickman 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 that would not be possible without the variance. Without the variance, a second garage could be built on the cast side of the property but may have a less positive impact on the neighborhood and property value. The Neighborhood Revitalization Strategy (NRS) encourages investment in property and supports thoughtful and well-designed upgrades of older homes. Approval of the variance could ensure that the substantial investment being proposed results in the most attractive and highest quality end-product which is more consistent with the goals of the NS. 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. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The alleged hardship relates to the location of the home in relation to the property lines. Because the prospective owner neither platted the lot, nor constructed the home in its current location, the difficulties have not been created by any person presently having an interest in the property. Staff finds this criterion has been met. 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 Board of A(tiustment Case,Vo. 11'4-12-08 Rickman 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 or impede the sight distance triangle. The request will not diminish or impair property values within the neighborhood. Conversely, the proposed addition will likely have a positive impact on the neighborhood by promoting investment in property and providing covered storage of vehicles that would otherwise be visible from the right-of-way. Staff finds this criterion has been rnet. 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. There are 24 properties within 300 feet of the subject lot—half of these lots include primary or accessory structures that encroach into minimum setbacks either as nonconfon or through approved variances. It should also be noted that the curvilinear streets, rolling topography. and abundance of mature trees make this neighborhood unique in Wheat Ridge and may help to minimize the impact of the setback encroachment. 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,Hanuat The Architectural and Site Design Manual does not apply to single and two family dwelling units. Staff finds this criterion is not applicable. Board q1". Idjustinein 6 Case AV HA - 12-08 Rickman IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria. staff recommends APPROVAL of 7 1 1/� -foot (50%) variance front 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 proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements, 4. The unusual siting of the home in the western corner of the lot, reduces viable alternatives. S. The request would not be detrimental to public safety or welfare. 6. The request is consistent with the existing conditions in the surrounding area, as several R I properties in the area have primary or accessory structures that encroach into side yard setbacks. With the following conditions: 1. The design and construction of the addition be generally consistent with Exhibit 3 subject to staff review and approval through review of a building pen Board q1A4#ns1men1 Case,,Vo. 1JA- 12-08 'Rickntan EXHIBIT 1: AERIAL Board o/. h#11sollent ('use Ao. It:I -1' -OS Rirkimm EXHIBIT 2: ZONING MAP The subject property and surrounding neighborhood are entirely zoned Residential -One (R -1) as indicated by the light yellow overlay in the zoning map excerpt below. Board ofAdjusiment Case No. WA -12 -08 / Rickman EXHIBIT 3: SITE PLANS DESCRIMON: Lot A5, and that portion of Lot 26, Bel -Aire, described as follows: Beginning at the c er common to Lots 25, 26, 28 and 29 of said Bel -Aire Subdivision; thence north - est erly y along the line conrron to Lots 26 and 28 of said subdivision 50 feet; thence northeasterly midway between the easterly and westerly lines of said Lot 26 to a point on the southerly boundary of Field Drive; thence easterly along the southerly boundary of said Field Drive to the corner common to Lots 25 and 26 of said subdivision and the southerly boundary of said Field Drive; Thence southwesterly along the line common to Lots 25 and 26 of said subdivision to the point of beginning. County of Jef 'ar6on, State of Colorado. I Found " dia. pipe NR 4 4092 64 f l i Y SCALE 1 " -30 4 ^ V S I 1 y J E 0' 1 500 �sf o yC J57� n s 04090 1 -story brick ♦. ~ I fir• 1 S o 1 , { Z.m LOT 25 C EASTERLY WESTERLY ' of LOT 26 of LOT 26 1 Found" 1 50' d!. _ p. 100' z z 0 Field Drive fd�Q. P r0Y1�Ma�0� pp Zr>'9 `( `nr_ 40' 1(.O. W. DATE: IC)/3/73 REVISION: + + r +�' K1 FV Gk" • th b . 1�,tC�. PEGISiFR f • ` J 't 10381* I hereby certify that a field survey wsa conducted, under my supervision on this date of the above described buildings and that sit improvements. easements, rights -of -way in evidence or known to me are correctly shorn on the above plat. I further certify that there are no encroachments by and /or on this property, unless otherwise noted. This plat has been prepared from prior survey data and shotid not be used for the location of future permanent im >!s.tii c•, Reiiistered Land- Surveyar HILL SURVEYIlG Buyer: Pullen P.O. 80X 594 Order No.lst. Fed. North BXOOMFIMD, COLORADO .roe Not 872 80020 Closer: uoroth'• X _ Board of Adjustment Case No. KA -12 -08 Rickman 0 m Case A'O. ItA-12-08 Rickman 9 1 Board r ': cafjustment Case NO IVA- 12-08 Rickman T t t } • � v ri ca a� IN c� Board qfAetjustment 13 C ase a cs. II A -1 -08 'Rickman an EXHIBIT 4: SITE PHOTOS Board of Adjustment 14 Case No. WA -12 -08 / Rickman 4090 Field Street, looking at the front facade. The proposed addition will extend from the right side of the existing garage and is designed to match and balance the gabled projection that exists on the far left side of the home. A garage on the east (left) side of the property could result in significantly more hard surfaced area in the front yard and the possible removal of mature trees. In addition, a detached garage on the east (left) side of the property could be constructed at a 30 -foot setback —in closer proximity to the street than the rest of the home is located. Board of Adjustment 15 Case No. WA -12 -08 / Rickman 4090 Field Street, looking south at front fagade. The side setback variance may be offset by the unusually large front setback. The front of the existing garage is currently about 70 feet from the front property line and nearly 80 feet from the edge of pavement. The proposed addition would extend from the west side of the house towards the street and would have a front setback of nearly 50 feet. The white arrow indicates the approximate location of the property line between the subject lot and the neighbor to the west. The setback encroachment will be adjacent to the neighbor's backyard and may be offset by the presence of mature landscaping on both properties. Board of Adjustment 16 Case No. NSA -12 -08 / Rickman on the subject lot and the mature landscaping to the west that will help provide screenings EXHIBIT 5.- LETTER OF OBJECTION Carlo & Martha Spano 4070 Field Drive Wheat AtLd_g_e, CO 8W33 Lauren Mikulak 751 pp W. 2e Avenue Dear Ms. Mikulak: We purchased our home last year in this neighborhood partly because of the layout of the neighborhood and the large variances between buildings. The proposed variance and garage addition will di t1v affect r ho and vad . 1 g! nt f*r to do similar additions thereby diminishing the overall appearance of the area. variances set out for this neighborhood and preserve the beauty of the area. Please feet free to contact me with any additional information or for further input, Thank you for your time t . 4070 Field Drive Board (?1'Aqjusftnen1 17 Case No, IIA-12-08 Rickman OM399M Lauren Mikulak 7500 W, 29� Avenue Wheat fhdM. • 8CF33 a whole and win set an unwanted precedent for similar variances in the future. We strongly oppose this requested variance and would like the City of Wheat Ridge to uphold the variances set out for this neighborhood and preserve the beauty of the area. M= Sincerely, T)e 'ZO TZ4 GeR ko� f;c-tAA fey I, -- r , ' � t " ", 1 ), �� , p . .... ..... . . .. .. " f In Ir , r4,zxMBIT 6.* LETTER OF REQUEST April23,2012 To: Community Development Department City • Wheat Ridge, CO z 9LITO 2T--I ro I # We are under contract to purchase 4090 Field Drive on June 5,2012. We are moving from Denver and this will be our new permanent home. The home and neighborhood are wonderful and we look forward to our new environment and becoming long term residents. As a condition or our purchase we are applying, in coorperation with the current owners, to receive a variance to increase the size of the current garage to accommodate a small car collection we have owned for a number of years. To increase the garage capacity and to maintain the architectural integrity of the home and site, it will require that we encroach on the side setback by 7.5ft. 1 of the original home and garage and attached to this application are prelimin ry drawings explaining our concept. We look forward to working with the City and adjoining neighbors to accomplish the variance, and intend to start the design, planning, review and building process as soon as we take ownership. EXHIBIT 7: CRITERIA RESPONSE March 12, 2012 To: Lauren Mikulak City of Wheat R Z on i n g an " • Zoning Variance Request for informal review 11 ij� III 11111pilir 1, This is to follow up on our conversation March e in regard to a variance I would seek on this a bove proper and are consider purc t h ome and alt is a wonderful property, we need to expand the attached garage, Responding to item 6 on the submittal checklist, we are asking for an Informal review of our variance request prior to proceeding with the purchase. The following Is our narrative in response to the Variance Review Criteria. Board qf,44justment 21 ('aw ,ko, RA -I2 -0 ' "Rictkirr an INWAMMUM U-M Al a It I I a M.1 I we] ad RIM awl I mon I nol IV W1 APPLICANT NAME: Bill Rickman — &TIMMIN 1 1 1 ,49 WHEREAS, the application Case No. WA -12 -08 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were 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 • p 1111= TYPE OF VARIANCE: A 7 1 /2-foot variance from the 15-foot side and setback reguirement for oronertv located at 4090 Field Drive and zoned Residential-One (R-I). 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 proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. 4. The unusual siting of the home in the western corner of the lot, reduces viable alternatives. II I I I III Jill !1 1111 1111! 111 1 1 ii 1 1 lill • I 6. The request is consistent with the existing conditions in the surrounding area, as several R I properties in the area have primary or accessory structures that encroach into side yard setbacks. VA R1 a [in WITH THE FOLLOWING CONDITIONS: I. The design and construction of the addition be generally consistent with Exhibit 3 subject to staff review and approval through review of a building permit. 0 KI CUNNINGHAM MICHAEL L CUNNINGHAM VALERIE S 4040 FIELD DR WHElT RIDGE CO 80033 ie *]NMI= DEROSE, JOAN P 4093 FIELD DR FRANK ALFRED J FRANK VICTORIA R 4050 FIELD DR WHEAT RIDGE CO 80033 SPANO C SP MARTHA 4070 FIELD DR WHEAT RIDGE CO 80033 WELSCHINGER, PAUL BRA KATHLEEN 4030 FIELD DR WHEAT RIDGE CO 80033 mfl�l ZISKA JOHN W ZISKA TONI M 4090 FIELD DR ?010 2?80 0002 5833 8442 NANCE JOHN • NANCE SANDRA L MICHEL 4097 FIE LD DR WHEAT RIDGE CO 80033 Is in im ROMANO ANTHONY J ROMANO DIANE E 4091 FIELD DR WHEAT RIDGE CO 80033 7010 2780 0002 5833 8572 City of heat p idge comt - fy DEVELOPMENT COMMUNi ENT 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 (as required pursuant to Code Section 26-109,1'3) ffa NZMWZM�� This is to inform you of Case No. WA-12-08, a request for approval of a 7.5 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 7.5 foot side yard setback on property zoned Residential-One (R-1) and located at 4090 Field Drive. This request will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on Mgy 24, 2012 at 7:00 p.m. 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 neat Ridge, Call Heather Geyer, Public 11! ormation Qlficer at 303-235-2826 at least one week in advance o a meeting ifyou are interested in participating )f and need inclusion assistance, vc relTiew an, 303-235-2846. Thank you. Planning Division. www.d.wheatridge.coms «� • t s O (J co O O (J CO O O 4. 0 rn p o a C) ° 1� C) o O i � 4 C3 :w o� ; .. 5 .. 0 o Q 4 +: I. P ,#-f rs r n o i C� # w r Co Gift (J .� U b (]1 O r\.) A rn CD 0 rn 0 O p 0 0 C[1 A U b U (jl rr 0 -n 0 (S► b �b O a oD U O CC1 U O W y O O (D CD O U iT rT i CD A 0 C) , n A U C� pp U tJ 1� (D (J U U ±n O A 4 0 Co -4 A 0 (D r 0 -a U A O O O � r i ♦ • ♦ • • ! • • ! ! • • i • ♦ • • • A • • • 4 • • • 1 1111 (� I • • • • • • • i ♦ • • • i • i i i • M • 1111 • i i i • • • i i • •. ill i • ! • • i i M • i • i i • • • • • • • i • • i • i ! • • i i i i • • ! # a i • ! • • i • • • # i i • i • • • i • • w • Px x • r `t s • w # x+ • • M i • ♦ ! t M • • • ! i • A • • • • • • i • i i 111 +* w r • • I • • i r i • • i +l i • a • • it • • a Nil= �i i • • • • • • • ! • i • # i • i i • • • • • i M i i • • ! a • • i i ! i • • • • • i i • Ill • i ♦ r # + # + # i ♦ ill • • P+ i ! # i # # + # # P w it � + ! r ♦ +. � i # # i • • a City of Wh6at�idge POSTING CERTIFICATION CASE NO. WA -12 -08 BOARD OF ADJUSTMENT HEARING DATE: Thursday, May 24, 2012 1, �/I�JG��� �m Z . C, /- Mrig tn (name) residing at � ��� /t a 9( 1- (address) as the applicant for Case No. WA- 12 -08, hereby certify that I have posted the Notice of Public Hearing at 4090 Field Drive (location) on this 10 day of May 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 positid\� shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP I `q! A The full text of this notice is available in electronic form on the City's official website, www.ci.wheatridge.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, May 10, 2012 • MIEE= Case No. WA-12-08: An application filed by William L. Rickman for approval of a 7 1/2 foot variance from the 15 foot side yard setback requirement resulting in a 7 1/2 foot side yard setback • property zoned Residential-One (R-1) and located at 4090 Field Drive. Kathy Field, Administrative Assistant WA, ZISKA JOHN W ZISKA TONI M i ,090 FIELD DR 1" VANBLERKOM MERRILL VANBLERKOM PALMA E 4092 FIELD DR FRANK ALFRED J FRANK VICTORIA R 4050 FIELD DR I HALL DENNIS J THOMPSON JANE E 4052 FIELD DR SPANO CARLO SPANO MARTHA 4070 FIELD DR alLu1 " ROMANO ANTHONY J ROMANO DIANE E 4091 FIELD DR W.UAJ�u GARCIA MARK A GARCIA VALERIE R 4087 FIELD DR R THOMAS NORMA A THOMAS ARLEN L 4083 FIELD DR .11 T ?010 2?80 0002 5833 980? 1t 0002 5833 9814 7010 2780 0002 5833 9821 7 010 2780 0002 5833 9845 _uw (:?80 0002 5833 9 869 yt City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033-8001 P: 301235.2846 F: 303.2352857 ffaua� Ezmz• •� This is to inform you of Case No. WA- 12-08, a request for approval of a 7.5 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 7.5 foot side yard setback on property zoned Residential-One (R-1) and located at 4090 Field Drive. 11, ## - " f�' - ITSL TU 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 adiacent prol2erq owners are required to be noted of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on May 3, 2012. USM= WA I 208,doc www.ci.wheatridge.co.us 1- I I I I i opi" i i i I I i I I I 11 ?it r yof WheatR�e POSTING CERTIFICATION CASE NO. WA -12 -08 DEADLINE FOR WRITTEN COMMENTS: May 3, 2012 I, �tilC �r��1 � � �'� rJ��►1a � (name) residing at - ))ZnV -Qr t� (address) as the applicant for Case No. WA -12 -08 hereby certify that I have posted the sign for Public Notice at 4090 Field Drive (location) on this 20 day of April, 2012, and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the positio shown on the map below. Signature: NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP City of h6 W at 0gle COMMCINTTY DE via LOPMENT TO: Board of Adjustment FROM: Lauren Mikulak, Planner I DATE: May 24, 2012 SUBJECT: Case No. WA-12-08 — Public Comment In the tit since the staff report was prepared and distributed for Case No. A -12 -C1 / Rickman, three additional written comments have been received. A summary of those comments are below, and the three letters are attached for your review. Summary of public input since May162012- 4070 Field Street :: Property owner submitted a second letter of objection (the first was included with the staff report) 3840 Field Drive:-. Property owner submitted a letter of support 3275 Upham Street :- Property owner submitted a letter of support; owner is not an immediate neighbor, but is a Wheat Ridge resident ZRIN91M Carlo & Martha Spano 4070 Field Drive A Board of Adjustment City of Wheat Ridge 7500 West 29 Avenue 10.1 MEMO* M-111 HWO # ac Field Drive. We have reviewed the proposed variance and the addition desired by our neighbors, as did other residents of Belair. As noted in our initial letter of opposition dated April 30, we are strongly *pposed to the proposed variance of the 15-foot setback established for the neighborhood. The property at 4090 Field Drive is adjacent to our home. The addition of a garage with a 7 Y2 foot 4 # r is # V M # « a natural view with a view of a garage. o p # T pr" fie s I We are now distressed by the possibility that our home will be closed in upon by a garage just 7 Y2 feet from our property line, This is not congruous with the neighborhood. best interest of the neighborhood and will set a dangerous precedent for future homeowners to do the same. This is the basis of the opposition letter that was submitted that was signed by 13 households including all the homes adjacent to the applicant's property at 4090 Field Drive. We strongly urge the Board to uphold the existing ordinances for this area, These ordinances are t reason why this neighborhood is sought after and they help maintain our home values. I We are submitting this letter because we are not able to attend the public hearing of May 24 in person ifiue to a family wedding out of state, Please accept this letter as if we were in attendance. Hmas��i Sincerely, 4070 Field Drive sD May 2 2, 2012 To whom it may concern Sincerely, Russ Ward 3840 Field Drive 303-424-8865 Lauren Mikulak Follow Up Flag: Follow up Flag Status: Flagged I am writing to urge approval of a 50% (7.5-foot) variance from the required 15-foot side yard setback at the subject address. The applicant, Bill Rickman, has requested a preliminary review. 19FT111 , 1 11 11 1 0 - 0 a MMURNMR.Kna M M-MaRli I:,; I I I! !I I ''i I Tli I NOOMM applicable variance criteria. 0 IN I w I cnaracte"o Tne exisittly nulrbe, TinTruCaNX 17-aUc" agree. He has already designed the garage addition to fit the character of the house and neighborhood, In fact, Mr. Rickman has spent a good part of his career as a trained professional designer and whenever he solves a problem he does it with aesthetic criteria in mind. 6 for variance approval, which emphasizes the public welfare, neighborhood values, and the interests of immediate neighbors. Actually I think improvements of this kind are a net benefit to all because they are physical and economic evidence of Wheat Ridge's attractiveness as a place to live. milip Ili ! 11 1111 �!11 III I I Sincerely, W Lloyd Levy 3275 Upham St. Wheat Ridge, CO 80033 303-458-5363 Iloydlevy@aol,.com G3� -' WMAUBM Carlo & Martha Spano 4070 Field Drive • 80033 Lauren Mikulak 7500 W. 29 Avenue Wheat Ridge, CO 80033 111� mrr; r i iiin InF� 11 11 We purchased our home last year in this neighborhood partly because of the layout of the neighborhood and the large variances between buildings. The proposed variance and garage addition will directly affect our home and yard, It will also set a precedent for other houses in the neighborhood to do similar additions thereby diminishing the overall appearance of the area. variances set out for this neighborhood and preserve the beauty of the area. Please feel free to contact me with any additional information or for further input. Thank you for your time and attention. Sincerely, 4070 Field Drive RD 03-MERME Lauren Mikulak 7500 W. 291h Avenue Wheat Ridge, CO 80033 70.�M The undersigned residents are opposed to the proposed variance cited above. We feel that negating 15-f•• t variance between buildings and property lines is detrimental to the beauty of the community ,?, whole and will set an unwanted precedent for similar variances in the future. I w r 11 1 � SRI 11j;Il Igo , RON • . - 1 • "'ei �, C- )\�4ve ey 0 t�2'-r City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P::303.235.2846 F: 303,235.2857 April 27, 2012 Mr. Al Frank 4050 Field Drive Wheat Ridge, CO 80033 Dear Mr. Frank: Please find enclosed copies of the submittals associated with Case No. WA- 12 -08. Included are a site plan, elevation, and a photo of the existing conditions. You will notice on the elevations that the applicant has noted his intention to match the brick and gable with the existing house. As we discussed on the phone, if the variance were to be approved, a condition of approval would be that the addition/garage be similar to in character to the existing house and consistent with the exhibits submitted, subject to staff review and approval. I have also enclosed for your review the criteria we use to assess all variance requests. A request must demonstrate substantial compliance with a majority of the criteria. You will note that among the considerations for review are the character of a neighborhood and any impacts on the adjacent properties. Please feel free to be in touch with any further questions. Sincerely, Lauren Mikulak Planner I www.ei.wheatridge.co.us City of - 6 0 , 0 0 0 0"o ,or W :' at F?.I c 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 44 �M W ck Address,,��Iq PhoncJ2LY07 City_L)fE,q) L/g State CV Zip Faxj2Lg_:,�� Owner, OHM :fix _7JS7k C717 �/ Address Phoncio-11AVI--5j�Y-R City L2ii State Zip Fax � Contact_al�- tc-k Address L_ &__ Phone - City State Zip_ Fax (The person listed as contact will be contacted to answer qucstions 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 more of the actions listed below which pertain to your request): Application submittal requirements on reverse side C] Change of zone or zone conditions C3 Special Use Permit C3 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit C3 Subdivision: Major (More than 5 lots) Cl Flood Plain, Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment Cl Concept Plan approval J X Variance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation C3 Other: --------- Detailed description of request: M Required information: L I'Lowelol IM it Kw sit im- i 7 V cannot lawfully be accomplished. Applicants other than owners I I owner which approved of this action on his behalf. To be filled out by staff. Date received Fee $ d Receipt N,,C'�?l ItM — 12 �j ' �3 4 'zf Case No Comp Plan Zoning_,­-.-------A. Quarter Section Map_ Pre-App Mt g, Date Case Managerh Related Case 1-t� s ?� a «: <�T� <�« . d �� \� �, � , n � 4� �, y rW `p ,.'�� ^, �, ,. � r w i * e y y , H 1 4 1 T RECEPTION NO. 90076,913 FfECEPTXON NO. 90076813 filed for recoftj the day of A 9/04/90 IP Reception --'.D. 19 ax - ' -FRECORI)CI) IN 2a. 75 Z I'My: rm"A -COUNTY OF JEFFERSON STATE OF COLORADO I a. I= W3 Im TRIO DEED. kade this day of kryiSt 27, 1990 b*t~ T M H. PUI"W and Wn)% S. MUM I ,, of she cvnty of JEFFERXN and state of Colorado, of the first wt, and JCHN W. ZTM and T= M. ZLSM %ihoso le"t address is 4090 FTM DRIVE MW RIDGE COLDROM of the Canty of JEFFERSM and state of Colorado, of the second parts W17MESSETA, that the said party of the first wt, for and In tamsider*tfon of the an of (*e*$I27,5W.00) CK WW"M 11*11TY SEVEN T#QLMAW FIVE HILAMIRED I)MtAft AJO 00110MRS The foregoing instrument was acknowledged before as this day of AUqWt 27, 1990 ty IH3W If. PLUM and WLM S. MUM *Y commission expiresNovember 02, 1.992 vitness, my hand and Official seat. fare 92111 COPPUTER IORRWY DttIf - To Joint Tenants 981D.0295941 B0295041 46' 4090 Field Drive Wheat Ridge, CO 80033 Owne"rs:j John W. Zis behalf to obtain a zoning variance for the above named property from the City of Wheat Ridge, Colorado. all ~ ~ ^ � SO I SCALE I'l-3Y Field Drive 40 H.O.W. • HILL SURVEYING P.O* BOX 594 DROOWIELD Colawl $0020 Buyer.* Pullen Order No* Isto Fed. North job Not 872 Closer.* aoroth. Em A. The property in question would not yield a reasonable return in use, service or income if i U. V jad I ' -4-4 . 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 prope"i results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created 'F , y any person presently having an interest in the property. Case No. WA1 208 Date Received 412312012; RelatedCases Case Planner Case Description se"t v -, a -- r - ia - n , c -- e -, - --------- 051 10:58 AN edba CITY OF WHEAT RIDGE Name vriliram L.Rickman Name Phone :(303)81 . .. ... .. Address 4i §4 Rooker S L city ,Denver State CD Zip 80211- BILL RICKMAN RECEIPT N0:000722 AMOUNT Name Joh�V2iika Name Toni M Zska i Phone 3 , ) -- 8 - 8 - 1 ,-, 8 - 4 - 49" --, - 1 FS D ZONING APPLICATION F ZONE . . .... .... .... . ... .. .. .... .. I Address 14 City t S Zip i80033- ...... ...... ...... .... ... - FMSD ZONING APPLICATION F 200.00 F D ZONING REIMBURSEMENT 180.08 Name Name F Phone ZREIN .......... . .... ...... Address City i State Z i ---------- -------- - ----- - ------ ............ .. PAYMENT RECEIVED AMOUNT -------- - . .......... -- - -------- Address Street Field Dnve -------- ---------- Ci iCo j Z i RY Wheat Ridge p' 80033 J -:-- 280.00 M. Location Description . ... ............. Project Name i .... ...... .. Parcel - No - Qtr Section District No ----------- Parcel Na . Qtr Section: IS E 221 District No-• 1 392240500 8 JSE22 IV . . .......... Pre•App Date Neighborhood Meeting Date App No - ii.;ie. Type Review Body Review Date Disposition Comments Report A,! ...... . .... ... i I min Review Deadline t o`o6j ec — t 5131 ------ - - ---- ------- Case Disposition Disposition Date ... ........... .... .. . - ------------------- - - ---- - -- Conditions of Approval Notes .... .... .... . . .. ...... ..... ..... . .... ..... Status }Open Res # I Or d# d ...... - - ------ - . . ......... .. ........ .... .... ...... Storage: CT TY OF WHEAT RIDGE 1 051 10:58 AN edba CITY OF WHEAT RIDGE 04/23/12 11:19 AN edba BILL RICAN BILL RICKMAN RECEIPT N0:000722 AMOUNT RECEIPT :CA 7148 AMOUNT FS D ZONING APPLICATION F ZONE 100.00 FMSD ZONING APPLICATION F 200.00 F D ZONING REIMBURSEMENT 180.08 ZONE ZREIN PAYMENT RECEIVED AMOUNT PAYMENT RECEIVED AMOUNT CF 2987 206.00 CE 2992 280.00 TOTAL 208.00 TOTAL 280.00 Lauren Mikulak JFrom Sent: To: 9��*- Bill Rickman < bill@ rickmandenver,com > Tuesday, March 13, 2012 9 AM Lauren Mikulak Bill Rickman, Managing Broker RE/MAX Professionals/City Properties 303-807-1829 Lill�@dckmand_enver.com www,bLll-rLckman.re-max.com From: Lauren Mikulak rmailto:lmikulak(&ci.wheat rite ae.cous1 Sent: Tuesday, March 13, 2012 8:22 AM To: Bill Rickman Subject: RE: INFORMAL VARIANCE REQUEST ON 4090 FIELD DR En I have received your submittals for a courtesy review of a variance request for property at 4090 Field Drive. The next step is for our staff to complete a preliminary analysis of your request to determine how it meets the criteria. That analysis is submitted to the Community Development Director for review. I will be in touch with you by the end of the next week with the outcome of the courtesy review. Lauren E. Mikulak Planner I Office Phone 303-235-2845 From: Bill Rickman rmailtotiftrickmandenvercorn Sent Monday, March 12, 2012 1:29 PM To: �auren Mikulak Subject: INFORMAL VARIANCE REQUEST ON 4090 FIELD DR '0 1 W _0 UK C"ity 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: Applicant: Project Planner: Project Location: ,4 LO20 Lr Q Q 1 VE� Date: Fee Paid: Proposed building elevations ROME www,cl.wheatridge.co.us To: Lauren Mikulak City of Wheat Ridge Zoning and Planning Zoning Variance Request for informal review I I I I rN I I a 0 - 4i w +a.1 a 44 a tt m 0 x >'. tt! Aj Qd ° + NJ 0 bo * t d - f u } Aj x 0 %0 & AA i C 0 V-4 0 X33 C S»e *�q� 4J *r 4 g dn � * , r ely *d,p S A Aj * t3 E to - 0wq pq e 44 }} 0 3 0 r' 9 s. w .. Nr rF 4* 4 40 w p� � +II Ily air FM F A 0 Aj pY • AJ r • w to 41 Aj • a* Aj r Aj 0. 44 Ao • 644 M r' 9 s. w .. Nr rF 4* 4 40 w p� � +II Ily air FM r' 9 s. w .. Nr rF 4* 4 40 1, s r k r �. t�, p� � +II Ily air FM F A 1, s r k r �. t�, MMEMM - g6l - ^6 ^ 270K 10 0 1112 Is -0 We are under contract to purchase 4090 Field Drive on June 5, 2012. We are moving from Denver and this will be our new permanent home. The home and neighborhood are wonderful and we look forward to our new environment and becoming long term residents. As a condition or our purchase we are applying, in coorperation with the current owners, to receive a variance to increase the size of the current garage to accommodate a small car collection we have owned for a number of years. To increase the garage capacity and to maintain the architectural integrity of the home and site, it will require that we encroach on the side setback by 7.5ft. It is important to us to match the addition with the same style, materials and scale of the original home and garage and attached to this application are preliminary trawings explaining our concept. We look forward to working with the City and adjoining neighbors to accomplish the variance, and intend to start the design, planning, review and building process as soon as we take ownership. ME= Bill Rickman 303-807-1829 = �~~ ~ Lauren Mikulak From: Lauren Mikulak Sent: Thursday, March 22, 2012 12:19 PM To: Bill Rickman (bill @rickmandenver.com) Subject: Variance Follow -up :: 4090 Field Drive Attachments: Potential Variance Memo 4090 Field.pdf; Land Use Application.PDF Bill, This email is a follow -up to the courtesy review of your variance request for 4090 Field Drive. Based on a preliminary analysis, staff would support your request for a 7.5 -foot (50 %) variance from the 15 -foot side setback requirement for an addition /attached garage. I have attached to this email the preliminary analysis for your records. o move forward with a formal variance application, the following items would need to be submitted: - Notarized land use application, form is attached Application fee of $200 If you apply before purchasing the property, we would also require a brief statement from the owner authorizing you to apply Proof of ownership, if you apply before purchasing the property a copy of the current owner's deed will suffice, available through Jefferson County After a formal application is received, the next step is a 10 -day posting period. We will prepare a sign for the property (2' x 3' corrugated plastic, similar to a real estate sign). We will also prepare a mailing that is sent to immediately adjacent property owners. You and I will coordinate a day to start the posting period, such that the mailing is sent and the sign is posted on the same day. Assuming no objections are received during this 10 -day period, the variance can be approved by the Director of Community Development. If a valid objection is received, the request cannot be approved administratively, but would rather require a public hearing before the Board of Adjustment. Please note that I will be out of the office next week, from Monday, March 26 through Friday, March 30. 1 will update the rest of our staff on the pending status of your application in case you decide to move forward with the variance request during my absence. Please feel free to be in touch with any further questions. Be well, Lauren E. Mikulak Planner I 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 U Office Phone: 303 - 235 -2845 Fax: 303 - 234 -2845 www.ci.wheatridge.co.us City of WheatF�id��e C ommuNl7v D m. T CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. City of " s-0 9 4 Wh 'COMMUNiTy DEVELOPMENT TO: Ken Johnstone, Community Development Director FAONI: Lauren Mikulak DATE: March 20, 2012 SUBJECT: Potential Administrative Variance — 4090 Field Drive A prospective property owner, Bill Rickman, is proposing an addition to a single-family home on property at 4090 Field Drive. The proposal requires a 50% (7.5-foot) variance from the required 15-foot side yard setback for a single-family home in R-1. Before purchasing the property and before submitting a land use application and fee, the applicant has requested a courtesy review of the variance request. The current owner is aware that the applicant has requested this preliminary review. This memo contains a summary of the existing and proposed conditions, as well as a brief analysis of the variance criteria. After reviewing this memo, please provide input as to the likelihood of approval of a 50% (7.5-foot) variance from the required 15-foot side yard setback. Summary of Existing and Proposed Conditions The property located at 4090 Field Drive is zoned Residential-One (R -1) and is located in the Bel Aire Subdivision. Based on Jefferson County records, the subject parcel has an area of 18,125 square feet and currently contains a one-story, single-family home with an attached two-car garage. The existing home was constructed in 1951 and is located in the southwestern comer of the property 'k surrounded by other parcels zoned R -1 and containing snag applicant is requesting a 7.5-foot (50%) variance from the 15-foot side setback requirement to accommodate an addition that would be about 800 square feet in size and would include an attached two-car garage The property is currently for sale, and the applicant is interested in purchasing the lot, but requires the additional garage space to accommodate two classic cars. The addition is proposed to be located adjacent and perpendicular to the existing attached garage. This would allow the applicant to continue using the existing driveway. This configuration would also allow the design to continue the existing roofline such that the addition is aesthetically cohesive with the rest of the home JA, L,) VIV VINI ix R c"' Variance Criteria The potential applicant has supplied site plans and responses to the variance criteria below is an initial analysis of how each criterion is fulfilled. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a single-family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the locality. The applicants have expressed that they are requesting the variance in order to provide the most aesthetically N appealing and least impactfill end product. The addition is proposed to be about 50 feet from the front property line, and mature landscaping provides a visual buffer from the nearest home to the west. The addition will be designed to complement the house; the garage will extend the existing roofline and the new garage doors will be perpendicular to Field Drive. As described above, a detached garage on the east side of the property could be constructed without a variance, but this alternative is more likely to negatively impact the character of the neighborhood—it would result in more hard surfacing in the front yard, garage doors that are more visible from the street, and the likely removal of mature trees. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property that would not be possible without the variance. Without the variance, a second garage could be built on the east side of the property but may have a less positive impact on the neighborhood and property value. The Neighborhood Revitalization Strategy (NRS) encourages investment in property and supports thoughtfiii, and well-designed upgrades of older homes. Approval of the variance could ensure that the substantial investment being proposed results in the most attractive and highest quality end-product which is more consistent with the goals of the NRS. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The unique hardship oil the property relates to the location of the home in relation to the property lines. Rather than being centered on the lot, the home is located in the southwestern comer. The unusually large front setback restricts any addition to the rear of the home. The majority of the usable yard space is on the east side of the property, so any addition on the eastern side would effectively eliminate the usable yard. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 3 The alleged hardship relates to the location of the home in relation to the property lines. Because the prospective owner neither platted the lot, nor constructed the home in its current location, the difficulties have not been created by any person presently having an interest in the property. Staff finds this criterion has been met. The request will not diminish or impair property values within the neighborhood. Conversely, the proposed addition will likely have a positive impact on the neighborhood by promoting investment in property and providing covered storage of vehicles that would otherwise be visible from the right-of-way. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are no unique or unusual circumstances present in the neighborhood that are also present on the property and necessitate the need for a variance. However, it should be noted that the curvilinear streets, rolling topography, and abundance of mature trees make this neighborhood unique in Wheat Ridge and may help to minimize the impact of the setback encroachment. 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. 11 5 EXHIBIT 1 :: Aerial of 4090 Field Drive , **O%mc� 7 407 • 6 % I ILI EXHIBIT 2:: Zoning Map I R-1 A" -39TH A I'll EXHIBIT 3 :: Site Plan D:;SC11 FTION: Lot 5, and that portion of Lot 26, Bel -Aire, described as follows: Beginning at the c her common to Lots 25, 26, 28 and 29 of said Bel -Aire Subdivision; thence north - esterly along the line common to Lots 26 and 28 of said subdivision 50 feet; thence northeasterly midway between the easterly and westerly lines of said Lot 26 to a point on the southerly boundary of Field give; thence easterly along the southerly boundary of said Field Drive to the corner common to Lots 25 and 26 of said subdivision and the southerly boundary of said Field Drive; Thence southwesterly along the line common to Lots 25 and 26 of said subdivision to the point of beginning. County of Jefarson, State of Colorado. �uK L Found 50' 50' din. pipe RA z NR H �' 4092 04090 i_story brick � l x• i ,� 'a I �l LOT 25 `- EASTERLY l,icSTERLY I of LOT 26 of LOT 26 11 I 50 E P"6": f1e / Found ! + I ? ' dia. pipe l 100' SCALE 1" -30 i (d� Field Drive C PYGU1�ia�/b'1 40' X.O.W. p qs_ /2 / 99 i I hereby certify that a field survey was conducted, under my DATE: 10/3173 supervision on this date of the above described buildings and that all improveisents, easements, rights -of -way in evidence or known to me are correctly shown on the above plat. i further known REVISION: that there are no encroachments by and /or on this property, unless otherwise noted. This plat has been prepared from prior survey data and should aot �.e used for the location jA 'kv Ae tF�,.....,fh �., of future permanent ltr•►,rct tn_ c.. �.� Nk Registered Land- Surveyar =# 10381 O? HILL SURVEYING Buyer: Pullen '�;T•:° s UR. P F.O. Box 594 Order No. 1st. Fed. North OF CO� + BROOMFIELD COL "Do Job Not 872 1j,+1 80020 C l oser: l)o h,, EXHIBIT 4 :: Site Photos 4090 Field Street, looking south at front facade. The side setback variance may be offset by the unusually large front setback. The front of the existing garage is currently about 70 feet from the front property line and nearly 80 feet from the edge of pavement. The proposed addition would extend from the west side of the house towards the street and would have a front setback of nearly 50 feet. A garage on the east side of the property could result in significantly more hard surfaced area in the front yard and possibly the removal of mature trees. mature landscaping on both properties. 10 The white arrow indicates the property line between the subject lot and the neighbor to the west. The setback encroachment will be adjacent to the neighbor's backyard and may be offset by the presence of This aerial image courtesy of Google Maps better illustrates the mature landscaping on and adjacent to the subject property which is provides better screening during warmer months. 2m To m 1 TM-!!!l illiEli _I :'114- 1 L [1- 1