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WA-12-09
City of Wheat Ridge Municipal Building 7500 W. 29" Ave, Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 301235.2857 Re: Case No. WA -12 -09 Attached please find notice that your request for a 5-foot variance from the I 0-foot rear yard setback requirement has been approved for the purpose of constructing a restaurant on property at 5560 W. 29 tb Avenue. Please note that there is one condition on the approval: 1. Any future expansion of the building within the setback encroachment will require a separate variance request. Enclosed is a copy of the Approval of Variance and staff report. All variance approvals automatically expire within 180 days of the date of approval unless a building permit for the variance is obtained within such period of time. The expiration date for this variance approval is November 26, 2012. Please feel free to be in touch with any further questions. Sincerely, Lauren Mikulak Planner I wim.d.wheatridge.co.us 7500 West 29th Avenue City • Wheat Ridge, Colorado 80033 -Wh6at 0"I 303.235.2846 Fax: 303.235.2857 9 C WHEREAS, an application for a variance was submitted for the property located at 5560 W. 29"' Avenue referenced as Case No. WA- 12-09 / Walrus 5560 LLC; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section 26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, the objection registered regarding the application was redacted; NOW THEREFORE, be it hereby resolved that a 5-foot variance from the 10 -foot rear yard setback requirement, resulting in a 5-foot rear yard setback for the purpose of constructing a restaurant on property in the Commercial-One (C - zone district (Case No. WA -12 -09 / Walrus 5560 LLC), is granted for property located at 5560 W. 29 Avenue, based on the following findings of fact: With the following conditions: 1. Any future expansion of the building within the setback encroachment will require a separate variance request. Date ' I 4 - City of Wh6attp%idge TO: CASE MANAGER: CASE NO. & NAME ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Community Development Director DATE: May 24, 2012 Lauren Mikulak WA -12 -09 / Walrus 5560 LLC Approval of a 5 -foot variance from the 10 -foot rear yard setback requirement on property located at 5560 W. 29` Avenue and zoned Commercial -One (C -1) LOCATION OF REQUEST: 5560 W. 29 "' Avenue APPLICANT (S): William J. Starker for Walrus 5560 LLC OWNER (S): Walrus 5560 LLC APPROXIMATE AREA: 13,300 Square Feet (0.3 Acres) PRESENT ZONING: PRESENT LAND USE: Commercial -One (C -1) Vacant commercial structure and vacant single - family home ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site Administrative Variance Case No. WA -12 -09 / Walrus 5560 LLC UR All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. 1. REQUEST The applicant is requesting approval of a 5-foot (50%) variance from the I 0-foot rear yard setback requirement, resulting in a 5-foot rear setback. The purpose of this variance is to allow for the redevelopment of this property to provide a neighborhood restaurant. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for administrative variances from the strict application of the zoning district development standards that are not in excess of fifty (50) percent of the standard. IL CASE ANALYSIS The applicant, Walrus 5560 LLC, is requesting the variance as the property owner of 5560 W. 291h Ave. The variance is being requested so that the property owner may redevelop the underutilized commercial lot and construct a 3,230-square foot restaurant with outdoor patios and off- street parking. The variance will accommodate the encroachment of the restaurant building into the rear setback at the southeast corner of the property. F, Conditions The site is located at the southeast comer of W. 29' Avenue and Depew Street. The property is zoned Commercial -One (C- I ), a zone district that provides for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. Land uses in the C- I zone district are typically supported by the community and/or entire region Surrounding the property is a variety of commercial and residential land uses. To the east and west are properties that are also zoned C-1. Across Depew Street to the west is a neighborhood shoppette that includes several small businesses including Wheat Ridge Poultry & Meat and Heavenly Harvest Produce. Businesses to the cast include a hair salon and automotive repair shop. To the north and south are properties zoned Residential-One C (R- I C) that contain single family homes " k 1, Zoning A din inistrative Variance 2 Case AT(,). 11 / 11ah 5 560 LLC A fence currently separates the commercial and residential uses. On the east side, the property is bordered by all alley—the alley is not dedicated right-of-way, but the City has an 8-foot access casement. Mature landscaping provides a tree canopy throughout the site (Exhibit 3,,Sfte,Photo . Prol)osed Reilevelopment The applicant has purchased the property with the intent to redevelop the site and open a restaurant. The proposal includes reuse of the existing commercial structure and removal of the existing residential "X structu F re ibl A"' $00'Plan)- Additions to the south and west sides of the commercial structure will accommodate the new restaurant. A bar and private dining room are proposed to be located at the front of the building; dining areas are located in the middle and western portions of the restaurant; and the kitchen, cooler, office, and restrooms are located in the rear portion of the building (Exhloit ler Irr With the addition, the restaurant will be about 3,230 square feet in size. 'Two outdoor patio spaces are proposed on the west side of the structure to provide outdoor dining and gathering areas. Landscaping is proposed throughout the patio with a hedge along W. 29"' Avenue. Facade improvements include the addition of windows, doors, and a fireplace on the west side which is currently a solid brick wall (Exhibit 6, Elevations). A 6-foot fence is proposed to run along the rear property line. Vehicular access will include entrances on W. 29' Avenue and Depew Street. The applicant is voluntarily constructing curb and gutter along Depew to define tile street edge and accommodate parallel parking along the property. Columnar evergreens will serve as screening on the west side of the property between the home on the adjacent residential property and the parking area. The variance is being requested to accommodate the new building addition for the restaurant. The minimum rear setback for a structure in the C- I zone district is 10 feet when adjacent to residential properties. The applicant is requesting a 5-foot variance for the portion of the building that is 33,5 feet wide—or 25% of the width of the property. If approved, the size of the building area that will encroach in tile setback is 167.5 square feet. This rear portion of the building is about 14 feet in height with flat roof and stucco finish {ii Vial. While it may be possible to design all addition that does not encroach into the setback, alternative site design is limited by the size of the site and by other requirements of the zoning code. For example, the property is 13,300 square feet, and the off-street parking requirements of the zoning code reduce the developable area of the site by nearly half. The adaptive reuse of the existing commercial space predetermines the location of the structure, and restricts alterative orientations for the restaurant. � YN The applicant has expressed that the financial viability of the project requires that the restaurant be able to accommodate a minima number of patrons, Consequently, the applicant has expressed that the size of the building is based on providing a kitchen that is adequate to serve this number of patrons. The kitchen and AIWA bathrooms are at the rear of the building and result in the need for tile variance request. Ultimately, the variance request would result in a 5-foot rear yard setback on the south side of the property, and the project would meet all other development standards including height and maximum size. The table on the following page compares the required C- I development standards with the actual proposed conditions: Administrative ["a•iance Case Ala TVA-12-09 / IT'alrus 5560 .LLB' Development . tanwc -lr'e Required 4ctual Lot Area No minimum 13,3011 s uare feet Lot Width No minimum 133 feet on . 2c1' Avenue 100 feet on De �treet The only property that is immediately impacted by the variance request is a residential property to the south at 2896 Depew Street, where the encroachment is adjacent to the backyard of the residence. During the public notification period an objection was received from this residential property owner regarding the variance request. Subsequently, the property owner redacted the abjection (Exhibit 7, In order to approve an administrative variance, the Community Development Director rnust determine that the majority of the "criteria for review" listed in Section 26-115,C.4 of the City Code have been met. The applicant has provided their analysis of the application's compliance with the variance criteria Exhi t , Crite ia Response). . Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a commercial property regardless of the outcome of the variance request, though the site and building design would need to be reconfigured if the request is denied. Staff finds this criterion has not been met. Administrative Var iance e C "caeca No. 11 74-12-09 / ffalrus 5560 t.LC;° El Similarly, many primary and accessory structures on the residential lots have nonconforming side and rear setbacks, For example, the residential property to the rear currently has two dilapidated accessory structures within 5 feet of the shared property line ,E� i 'to. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property, which may not be possible or otherwise occur without the rear setback variance. The applicant has estimated that the redevelopment will result in an investment of $500,000 to $1 million. 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 condition that affects the property relates to the adaptive reuse of the existing commercial building and the challenge of redeveloping a commercial property. The combined effect of meeting zoning code requirements and producing an economically viable kitchen size do create a site desigm challenge. Despite this challenge, there appears to be no unique physical surroundings, shape or topographical conditions of the subject site. The request for relief from the regulations results more from an inconvenience than from a unique physical hardship. Staff finds this criterion has not been met. S. 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 has produced a site plan with a 5-foot rear setback. This hardship has been created by the applicant. Staff finds this criterion has not been met. Administrative Variance Case AV TVA-12-09 / Wah-us 5560 LLC The request would not increase the eongestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The structure would not impede the sight distance triangle and would not increase the danger of fire. The request is unlikely to impair property values in the neighborhood; a successful redevelopment may in fact have a positive effect on property values. 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 commercial and residential structures in the area that also have nonconforming or reduced setbacks. The commercial properties to the east and west appear to have 0-foot setbacks, The accessory structures on the neighboring residential property appear to be located within less than 5 feet of subject property line. Staff finds that this criterion has been rnet. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. As part of the redevelopment and expansion of the commercial structure, the Building Division will require that the restaurant be brought into compliance with accessibility standards. This entails the inclusion of an accessible bathroom. The variance will help to accommodate the minimum required width for an AIWA restroom Ex4i Staff finds this criterion has been met. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Man ual The Architevural and Site Design Manual (ASDM) applies to major additions, and therefore applies to the proposed redevelopment. The applicant's site and building designs are in substantial compliance with the applicable commercial standards of the ASDM. Staff finds this criterion has been met. Administrative Variance 6 Case No. IVA-12-09 / JValrus 5560 L Administrative Variance 7 Case No, HA-12-09 Al Walrus 5560 LLC EXHIBIT 1: ZONING MAP AWL I V-7 f I y 2grHAVE { it a — — — j r- I 1 Li C LLJ G I rr NEk Administrative Variance 8 Case No. WA -12 -09 / Walrus 5560 LLC EXHIBIT 2: AERIAL h >t M Administrative Variance 9 Case No. WA -12 -09 / Walrus 5560 LLC EXHIBIT 3: SITE PHOTOS I Looking southeast at the existing commercial structure that is proposed to be redeveloped into I a restaurant; additions to this building will be located on the western and southern sides. Administrative Variance 10 Case No. WA -12 -09 / Walrus 5560 LLC Administrative Variance Case No. WA -12 -09 / Walrus 5560 LLC Administrative Variance Case No. WA -12 -09 / Walrus 5560 LLC I I I I I-- W W C ti 3 (n O 30 0 LOW M W Proposed 5 -foot rear setback II if W� U N n. o� t= W wW Z z 0 0 5 W cc Oz CU O Lj Q = o F- w N � J W = in LO w Q N = o �o N V Cl) Cr. W Lu Z o t� LEGEND SCALE ve•. rn• DATE: 0 EXISTNOTREES DECIDUOUSSHRUBS ® BOULDERS 30 APR 12 ��• BUFF STONE EDGING DRAWN BY: EVERGREEN SHRUBS RIVER ROCK DRANAGE APPROVED P. JOHNSTON ORNAMENTAL TREES Subject to Feld Inape �bns sb VINES PANELS ON BUU)W. FOR VNES -P VVh l Ridge Buiid,ng Dept j PERENNIALS ® WINDOW BOXES - WB Dat SHEET NO. s gnw IV EVERGREEN TREES © IRRIGATION STUBBED FOR POTS 1 • 0 1 OF 2 i n \ ! _J L - - --jj I �I W V A w ct w Case No. WA-12-09/ Wab 5560 LLC /3 V I ATM t F- _ _ I 1 I I I I TOfgTq I m RTJ1 I I I I I I I I I I li i A 8 C OD I � I 2Z•El/t tr.Tr tl n MAIN LEVEL FLOO PLAN w -tw TRLE Case No. WA-12-091 Walrus 5560 LLC O KM 1 2 x -2>,Ir f I I O 'H C O I I Floor Plan Notes I RE Al) 0 FOR WALL TYPE NOTES L DETAILS. ALL I I W4041 TYPE TAGS AR RE E PRESENTED TT.IS 2. ALL COMMONS ARE TO FACE OF SILO. TO OM lriE IAYOW OR FAL7: OF IAA30%W " 0 ID FRAI° 06MM101° FOR DOORS S YWDONi 00 NOT ACCOONOpt&vW O UTOrEUWO. O.0 . W I I 9FY w0001 OO "JON OP 2 ALL YASOUETY ORE91s10U16 MARE n01EY1E:AU ACRML oUTtIOE rAEOgTY DElMTONEARE 31• ALL ACTUAL IAAEOT°Y OF6/IpE ARE 2IPLATIOM ( I A CONTRACTOR roFR0VEWYALLCRTICAL *(FAwra�VuEC— APPROVED I S *)M t0 F*W InsplCbOtls YNIERI Rw90 &M.ng Dept. `r I DrIK I I 2r- I• B -2246 'r C _0 0 C Co 0a CO V V Q CM N � v N N Co a' �° �o � U N � O m v cc 3 Lt's r LL Lo 3 T F+ORCOIUIE7IRICTION 2M7d]0 110790.29 �u 1011 W ]I MAW LEVEL FLOOR PLAN A1.01 N � O O rr V I W V s IM I�RAIAr This area (5' x 33.5') will encroach in the rear setback. 'D—• A , I swnittau B -2246 'r C _0 0 C Co 0a CO V V Q CM N � v N N Co a' �° �o � U N � O m v cc 3 Lt's r LL Lo 3 T F+ORCOIUIE7IRICTION 2M7d]0 110790.29 �u 1011 W ]I MAW LEVEL FLOOR PLAN A1.01 N � O O rr V I W V 01 9xW W0 ROOF — MM -— 0 F1EAOER — — mB ' EXISTING BASEMENT 93• -D' O WES T BUIL DING ELEVATION IW -Vr Case No. WA -12 -09 / Wah-us 5560 LLC O N rKSTISILCHIMINEY Q CA►GNp as siEEL 1ti111CK 1EA Gd111BI0US RIDGE VENT ATWWffi OF PEN( ONNLER /IE' ELECTISCNJ Elevation Leaend NEW ROOF PEAK 11T -D' PID STEEL ROOF ACCESS LADDER I encroach in the rear setback. APPROVED Sut,e,t to Feld tn;�ectbns Wheat Rdge Bw 0 -N Dept :: Rv+cr -- II NM A�AA� N� 11EBr RBRN A+. WE11BB11 lopHlD♦ .4BRIEIYF�/�F� ♦E 4F Cr, (G, E ' { r B- C f A N\ C CD w � RSIF Y/ Ca CD 1` V W �F C" N N CD W GO t O tr v N O � Lt7 Lt7 t I n 3 A O A � r ^ ^ l W � W W 15 SOUTH BUILDING ELEVATIO "W100.w70 nNAa fu. 2011 OS.S1 W ADING ELEVATIONS MOIXAAR FACE IRLOL PLANNING BOND PATTERN ITM COLOR' NGHNOB W LAxEW000 BRIG( W SSA, CAAL AND SUTIFAQ KID VIIIRE MOUNTS FOR -E 1 I I AMNMLT SHINGLES \ GOLOR 00 - GRAND SLATE C GGLp MQSN GREY` , W S t EXISTING ROOF I MEGA COLOR TMDRr W OMEGA OR sw - PEAK l FEw CLEAR LORE wsLAATEn cLAaNG Qi•F� ON i I ®Gle WMLr NEW UPIED c OR Wlllllll`l'1'l1 OMDQl11ED COATN0011 F11E EXMTNO CONBTROCTIDN TO RlMAN Elevation Notes I RE A0.02 FOR MMLL TYPE NOTES L DETAILS ALL WALL TYPE TAGS ARE REPRESENTED THUS _ ASSE MUE6• TO ORD LM LAYOUT OR FACE OF _(E) MAIN LEVEL MASONRY, U.MO. fltAf/10 OIMBNION$ FOR DOORS E WuDWO DO NOT ACCOUNT MR ROUGH 'W -D" C tO' W STUCO y CRAYIL SPACE VENT W - ACTUAL OUTSIDE MASONRY OIIENEDNS ARE IV REVEALS IT" INTEGRAL YYSECT SCREE11 _. 1 W - tr OSSCOREO WlV00W FILM AT LIGHTING FIXTURES WDMNES RESTRG011 This area (5' x 33.5') will encroach in the rear setback. APPROVED Sut,e,t to Feld tn;�ectbns Wheat Rdge Bw 0 -N Dept :: Rv+cr -- II NM A�AA� N� 11EBr RBRN A+. WE11BB11 lopHlD♦ .4BRIEIYF�/�F� ♦E 4F Cr, (G, E ' { r B- C f A N\ C CD w � RSIF Y/ Ca CD 1` V W �F C" N N CD W GO t O tr v N O � Lt7 Lt7 t I n 3 A O A � r ^ ^ l W � W W 15 SOUTH BUILDING ELEVATIO "W100.w70 nNAa fu. 2011 OS.S1 W ADING ELEVATIONS MOIXAAR FACE IRLOL PLANNING BOND PATTERN ITM COLOR' NGHNOB W LAxEW000 BRIG( W ml 7W MORTAR W SOLOMON COLORS 1 I I AMNMLT SHINGLES GOLOR 00 - GRAND SLATE C GGLp MQSN GREY` (L SYSTEM EXISTING ROOF •:.`.� MEGA COLOR TMDRr W OMEGA OR sw - PEAK F "'IT FEw CLEAR LORE wsLAATEn cLAaNG ®Gle WMLr NEW UPIED c OR Wlllllll`l'1'l1 OMDQl11ED COATN0011 F11E EXMTNO CONBTROCTIDN TO RlMAN Elevation Notes I RE A0.02 FOR MMLL TYPE NOTES L DETAILS ALL WALL TYPE TAGS ARE REPRESENTED THUS 2 ALL 01MENSION11 ARE TO FINISH FAQ OF ASSE MUE6• TO ORD LM LAYOUT OR FACE OF MASONRY, U.MO. fltAf/10 OIMBNION$ FOR DOORS E WuDWO DO NOT ACCOUNT MR ROUGH OPENING GO. TO VERWY W DOOR MFR X ALL MASONRY ONENSIOIS M ARE HOMNIIL. ALL ACTUAL OUTSIDE MASONRY OIIENEDNS ARE IV (E) MAIN LEVEL SMALLER ALL ACTUAL MASONRY OPENNG$ ARE LT LARDER. 1 W - tr L PROVICE OLOCKI IO IN WALLS FOR ALL LAIEFOUH LIGHTING FIXTURES L. G G TO VEFt" ALL LXTERKYI FBISIES WM ARCHITECT PRIOR TO INSTALLATION S ALL EXTERIOR DOORS INSTALLED W NEATFER STRIPPING, UN .O EXISTING 1 ALL EXTERIOR GYP BD FINISHES S BE BASEMENT B SMOOTH, LING 93' Cr B REFER TO FLOOR PANS 1 NROOW SCHEDULE FOR MORE INFO ON STOREFRONT FRAME TYPES 0. ALL EXPOSED STRUCTURAL SIE3L MEMBERS TO RECEr4 SMERWN YHLLLAMS S•COAT POLYURETHANE WSTEN 11 ZINC PRIMER - LIPI BO ZINC CLAD R. it EPDXY LID-COAT . EP'OAY MIN log MICROPO" So A NXYURETHAW FINISH CWT . MP 72 ACROLON tl► 10 GENERAL CONTRACTOR TO FIELD VERFY ALL EX12STNO STRUCT RE COIdTDNS. NOTIFY ARDIeTECT OF ANY OISdHANC*S FROM CONSTRUCTION DOCI MPUS- encroach in the rear setback. APPROVED Sut,e,t to Feld tn;�ectbns Wheat Rdge Bw 0 -N Dept :: Rv+cr -- II NM A�AA� N� 11EBr RBRN A+. WE11BB11 lopHlD♦ .4BRIEIYF�/�F� ♦E 4F Cr, (G, E ' { r B- C f A N\ C CD w � RSIF Y/ Ca CD 1` V W �F C" N N CD W GO t O tr v N O � Lt7 Lt7 t I n 3 A O A � r ^ ^ l W � W W 15 SOUTH BUILDING ELEVATIO "W100.w70 nNAa fu. 2011 OS.S1 W ADING ELEVATIONS EXHIBIT 7: LETTERS FROm NEIGHBOR. The owner of the residential property to the south submitted a letter of objection during the public notification period, and then subsequently redacted the letter. These communications are provided below in the order in which they were submitted. Date: May 21, 2012 From: Mario Moranetz, Manager, and sole owner of De pew Security Investments, LLC To: City of Wheat Ridge, Planning Division Re.- case WA-12-09 I would ask that the request be denied, = tz V Investments, LLC Administrative Variance Case AV IVA-12-09 / 14 7 41rus 5560 LLC 16 Sincerely yours, Administrative Variance Case No, RA-12-09 / ITah 5 560 LLC" m Dear Ms. Mikulak, I am writing to request a variance for the property captioned above. The nature of the variance is as follows: The Variance Criteria for Review are addressed below: A. The ropert P v in question would notyield a reasonable return in use, service or income if,permitted to be used only under the conditions allowed by regulation for the district in which it is located Administrative Varianc-e 18 Case Na [ / TValrus 5560 LL,C R, The variance would not after the essential character of the local h)4 C The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. 1). The particular physical surroundings, shape or topographical condition of the spec ific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience, Administrative V�ariance 19 Case No. TVA-12-09 / JT'ah 5560 LLC E If there is a particular or unique hardship, the alleged difficulty or hardship has not Been created 4y any person presently having an interest in the property. The hardship necessitating this request for variance was not created by any person having an interest in the property. The hardship results from the unique circumstances presented by the size, location and orientation of the existing structure to be renovated for a new economic activity, C The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. This neighborhood in southeastern Wheat Ridge is characterized by many small frame houses built in the first half of the twentieth century. Many properties have buildings constructed closer to property lines than are allowed under current zoning regulations. The granting of this variance would create a setback condition that is not untypical in the neighborhood. H. ranting of the variance would result in a reasonable accommodation of a person with disabilities, The granting of this variance would enhance the accommodation of a person with disabilities in that it would make available the additional space necessary space to construct restrooms facilities for the disabled. L The application is in substantial compliance with the applicable standards set forth in the "Architectural and Site Design Manual, " Administrative i ariance 21 • M Address /Proposal: VV 1 1 ' P " d Does Meets not meet N/A A/`t The property would not yield a reasonable return in use, service or income under the current conditions B/2 The variance would not alter the essential character of the locality C/3 The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance The particular physical surrounding, shape or topographical condition of the DA specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience /5 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. F/6 The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood G/7 The unusual circumstances or conditions necessitating the variance request in are present the neighborhood and are not unique to the property H/ Granting of the variance would result in a reasonable accommodation of a person with disabilities x l/g The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual Lauren Mikulak From: William J. Starker <wstarker@starker.net> Sent: Tuesday, May 08, 2012 10:32 AM To: Lauren Mikulak; Meredith Reckert Subject: 5560 W, 29th Ave. The area calculations for the project captioned above are: Planting areas 2,290 s.f. Sandstone pavers 546 s.f a > ;Z Hardscape paving 1,129 s. f. Building 3,230 s.f. Shed/dumpster 193 s.f. Parking/walks 5,912 s.f. "5 c) I am filling out the variance application now. Please let me know if you have any questions. Thanks, Bud K STARER CCW4Mt"(W4= CONFIDENTIALITY NOTICE: This message and any attachments hereto may contain confidential information intended only for the use of the individual or entity named above, If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of this email message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this email from your computer, The sender does not waive any privilege in the event this message was inadvertently disseminated. A Please consider the environment before printing this e-mail MKIM Ms. Lauren E. Mikulak Planner I City of Wheat Ridge nammoun• ,BLIJ • 0 ME I support the request for a variance for the property captioned above. The nature of the variance is as follows: A variance to encroach 5'into the required 1 0rearyard set err ckfor approximately 3X-6". I am the property owner of the property located at 2896 Depew Street, Wheat Ridge, Colorado. Sincerely yours, Date: May 21, 2012 I ffZR Frig Tk r .r,r.JFJ l ip pl l!!l � I : 1. ; : M M V�- 11 = w • Security Investments, LLC �c Of Wheatjtdge POSTING CERTIFICATION CASE NO. WA -12 -09 DEADLINE FOR WRITTEN COMMENTS: May 21, 2012 �n (n a /m'e)1 residing at "5 1 q BP'(ROV) , . (N � Ej 0 A (address) as the applicant for Case No. WA -12 -09 hereby certify that I have posted the sign for Public Notice at 5560 W. 29` Avenue (location) on this 10 day of May, 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 position 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 r E ptw l i - 'k, A - 1.2 - / , 111,1-1, BOWDEN NORMAN LEE BOWDEN NANCY SUE 705 CONNIE CT MYRTLE BEACH SC 29588 6003 1PIMMA9 MAKOWDUME SEITZ SARAH J 401 N MO AAVE HEL MT 59601 3814 PRINT & MAIL INC 5540 W 29TH AVE LEIFS LLC 19446 E HINSDALE Pl, 7 010 2780 0002 5833 8329 7010 2780 0002 5833 8336 . ... ..... C ? C t "'a Z, A 1( V, City of �jdgc* COMMUNiTy DFVELOPMENT 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 NESWIME31= This is to inform you of Case No. WA- 12 -0q, a request for approval of a 5 foot rear yard setback variance from the 10 foot rear yard setback requirement resulting in a 5 foot rear yard setback on property zoned Commercial-One (C-1) and located at 5560 W. 29"' Avenue. The applicant for this case is requesting an administrative variance review which allows no more than a fifty percent (50%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adiacent ro per owners are required to be notified of the request by certified mail. if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on May 21, 2012. uz� WAl209,doc www.d.wheatridge.co.us Vicinity map "The Carnation City" 2 4 4 1' City of , ��Wh6at "id le EmT COMMU NiTy P City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80433 -8001 P: 303. 2352846 F: 303.2352857 Submittal Checklist - Variances LAdministrative and non-administrativel Project Name: Project Location: 22 Ce2 W Applicant: bOD IS I Date: 45 r Project Planner: " Fee Paid: 'V ql/M f1 wwwxi.wheatridgexo, us O w aa 15�� Ms. Lauren E. Mikulak Planner I City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 ago= far m I am writing to request a variance for the property captioned above. The nature of the variance is as follows: A variance to encroach 5'into the required 10'rearyard setbackfor approxima 6 ". A. The property in question would notyield a reasonable return in use, service or income iftermitted to be used only under the conditions allowed by regulation for the district in which it is located I J 17 111 1 1� MMMMCMZIt t C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance, A The particular physical surroundings, shape or topographical condition of the spec' -M p p a pa a and 1PI roerty results in rticulr unique hardship po o a d (un the wner) s istinguish from a mere inconvenience. 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. The hardship necessitating this request for variance was not created by any person having an interest in the property. The hardship results from the unique circumstances i resented bi the sizi, location and orientation of the existing structure t* 4ie reywrate-d-foe G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. This neighborhood in southeastern Wheat Ridge is characterized by many sm frame houses built in the first half of the twentieth century. Many properties have buildings constructed closer to property lines than are allowed under current zoning regulations. The granting of this variance would create a setback condition that is no untypical in the neighborhood. 1 1 H. Granting of the variance would result in a reasonable accommodation ofa person with disabilities. The granting of this variance would enhance the accommodation of a person with disabilities in that it would make available the additional space necessary space to construct restrooms facilities for the disabled. L The application is in substantial compliance with the applicable standards setforth in the "Architectural and Site Design Man uaL " om 4' V� City of ]�qrWh6at", ge 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 inforntation) Applicant 15 kl&�L-05 - 55(p 0 - L - Address Phone - 1 0* 3 1 qg 6 State zrp MQOT Fax .I Owner Owner Phone Cttwv - Contact Address Phone (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 ofthe staff report prior to Public llearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 5 Type of action requested (check one or more of the actions listed below which pertain to your request): Application subminal requirements on reverse side 73 Change of zone or zone conditions 0 Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Mt�jor (More than 5 lots) 07 Flood Plain Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot line Adjustment 0 Concept Plan approval *Variance/ Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 A M Case No. i� Date Received - 5/' - 9 -- /' - 2 - 01 - 2 -- : Related Cases ' Case Planner ikulak .......... Case Description 15 foot rear yard setback ............ InAymaWw rr Name Walrus 556OLLC Name Phone (303) 595-8900 Address '�'7 Kalamath St. city !Devner ' State CD i Z p 180204- go r" 1A A z ► rA W& W Name Walrus 5560 LLC Name Phone _77 . w..._ _.__.. . Address city State I ,Z ip ................ .... ..... .... ............ . ....... ... . . .. - tamacf 147ANwa67n Name 467 Name Phone .... .. . . Address �73 City �Denver =-, �66 64- State CO Address Street I West 29th ' City W kea' 0R' State 'C" Zip 80214 -- ---------- - - ------ Location Description Project Name Parcel No Qtr Section District No Parcel No. Qtr Section: I District No,: 1 392541801P$E25 Lio )7erkwir Pre App Date Neighborhood Meeting Date A pp N 0: Tevie- - Type Review Body Review Date Disposition Comments Report Review .... ...... ...... ....... .. .... . ........... . F .. ........ .. ..... . ............ .. .... ..... .... - ........ .... ..... LTnrpnsiitmrr Case Disposition f Disposition Date Conditions of Approval -- -------------- ----- . ................. . . . ....... .. .......... Notes -- -- -- Status 'Open ------ - --- Res # Ord 'F ..... ..... . . Storage: 1 CITY OF WHEAT RIDGE 05109112 8:54 AM edba WILLIAM J. STARKER RECEIPT NO-104807223 AMOUNT FMSD ZONING APPLICATION F ZONE 200.00 PAYMENT RECEIVED CK 16143 AMOUNT TOTAL 200-00 ----------------- 200.00