HomeMy WebLinkAboutWA-12-10City of'Wheat Ridge Municipal Building 7500 W. 29"' Ave.
Wheat Ridge, CO 80033-8001 P :303,235,2846 F: 301235.2857
Mr. Daniel Brennan
17 Twilight Drive
Wheat Ridge, CO 80033
Re: Case No. WA-12-10
Dear Mr. Brennan:
Attached please find notice that your request for a 5.4-toot variance t'rorn the 30-foot front yard
setback requirement has been approved for the purpose of constructing an addition on property
located at 17 Twilight Drive.
Please note that there is one condition on the approval:
1. The design and architecture of the proposed addition be similar in character to the
existing house and generally consistent with Exhibits 3 and 6, subject to staff review
and approval through review of a building permit.
Enclosed is a copy of the Approval of Variance and staff report. All variance approvals
antornatically 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
Monday, January 21. 20 13 ).
Please feel free to be in touch with any further questions.
Sincerely,
fcw�
Lauren Mikulak
Planner I
w-*N N) xi.v� heatridgecoms
7500 West 29th A •
Wheat Ridge, Colorado 80033
' �Wh6atfZ► C
i
303.235.2846 Fax: 303.235.2857 09
WHEREAS, an application for a variance was submitted for the property located at 17 Twilight
Drive referenced as Case No. WA - -1 / Brennan; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a 5.4-foot variance from the 30-foot front yard
setback requirement, resulting in a 24.6-foot front yard setback for the purpose of constructing an
addition on property in the Residential-One (R-1) zone district (Case No. WA-12-10 / Brennan), is
granted for property located at 17 Twilight Drive, based on the following findings of fact:
With the following condition:
1. The design and architecture of the proposed addition be similar in character to the existing
house and generally consistent with Exhibits 3 and 6, subject to staff review and approval
through review of a building permit.
Date
Community DevOopment Director
City of
A 9rWh6atP.,Ldge
TO:
CASE MANAGER:
CASE NO. & NAME:
ACTION REQUESTED:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Case File DATE: June 24, 2012
Lauren Mikulak
WA -12 -10 / Brennan
Approval of a 5.4 -foot variance from the 30 -foot front yard setback requirement
on property located at 17 Twilight Drive and zoned Residential -One (R -1)
LOCATION OF REQUEST: 17 Twilight Drive
APPLICANT (S):
OWNER (S):
APPROXIMATE AREA:
Daniel Brennan
Daniel Brennan
19,300 Square Feet (0.44 Acres)
PRESENT ZONING: Residential -One (R -1)
PRESENT LAND USE: Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
Administrative Variance
Case No. WA -12 -10 /Brennan
I IN 3 M 11
All notification and posting requirements have been met; therefore, there is jurisdiction to make an
administrative decision.
UMMEMAMMMU
The applicant is requesting approval of an 18% (5.4-foot) variance from the required 30-foot front yard
setback for a single-family home in R-1, resulting in a 24.6-foot setback. The purpose of this variance
is to allow for the construction of a 150-square foot addition.
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.
11. CASE ANALYSIS
The applicant, Daniel Brennan, is requesting the variance as the property owner of 17 Twilight Drive.
The variance is being requested so that the applicant may construct a 150-square foot addition on the
front of the home. The applicant would like to locate the addition on the front of the property to add
square footage to the existing kitchen and entry area and to provide architectural interest to the front of
the home.
The property is located in the Paramount Heights Part 4 Subdivision and is zoned Residential-One
(R-1), a zone district that provides for high quality, safe, quiet and stable low-density residential
neighborhoods, and prohibits activities of any nature which are incompatible with the low-density
residential character. The subject property is entirely surrounded by other properties with R- I zoning
and single-family homes ( -
The parcel has an approximate area of 19,300 square feet and currently contains a one-story single-
family home. According to Jefferson County Assessor records, the home was originally constructed in
1964.
The property was originally platted in 1956, and the Paramount Heights neighborhood is one of the
few areas of Wheat Ridge with a curvilinear street pattern. As a result, the subject property was platted
with an irregular five-sided shape and frontage on three streets: Twilight Drive to the south, Dawn
Court to southwest, and Rangeview Drive to the northwest *11 "I "i"W ' .
The zoning code requires any side or rear yard which abuts a public street to have a minimum setback
of 30 feet for all structures, so three sides of the property have significant setbacks that reduce the
buildable area. Despite the large size of the parcel, the home was constructed on the southern portion
of the lot near the minimum setbacks. The home is addressed off of Twilight Drive but is not parallel
to this right-of-way. The cumulative effect of the setbacks and orientation of the home reduces the
buildable area along the front of the home ANWOOMW
In addition to the unusual shape, the topography of the property further reduces alternative locations
for an addition on other sides of the property. There is a 14-foot change in In -ade across the lot from
Administrafivt, Mariance
Casei'V6. IVA-12-10 / Brennan
north to south, resulting in a walkout garage and basement on the west and north sides of the home
R -1 DeveLo ment Standards:
Rey wire l
Actual
Lot Area
12,500 square feet (min)
19,300 square feet
Lot Width
100 feet (min)
±75 feet
Sin le FamiLv Home:
Re quired
Proposed
Buildin Covera e
°gar (max)
12.4%
Hei t
35 feet (max..)
±20 feet
Front Setback (Twilight DK
30 feet ruin
24.6 feet
Side Setback {Dawn Ct )
30 feet (min)
33.9 feet
Side Setback Ran geview Dr
30 feet min
±60 feet
Side Setback east
15 feet (min)
25.1 feet
Real- Setback (north)
15 feet (miii)
X66.7 feet
During the public notification period neither inquiries nor objections were received regarding the
variance request.
III. VARIANCE CRITERIA
In order to approve an administrative adjustment, the Community Development Director must
determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code
have been met. The a laleant has provided his analysis of the application's compliance with the
� . �1 t t '� s'�,��: as ��� u �.. t a� i � blx
variance criteria „ �� ��, ; Staff provides the following review and analysis of
the variance criteria.
Staff Ends this criterion has not been met.
Administrative Variance 3
Case Alt). HA-12-10 / Brennan
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 requested encroachment
into the front setback is minor (18%), and the proposed architectural design of the addition is
compatible with the character of the home with similar windows, roof pitch, and materials
Because the proposed addition is located at an angle to Twilight Drive, only a small portion of
the building area will be located in the minimum setback (about 70 square feet). Mature
landscaping in the front yard and l0 -feet of undeveloped right-of-way will provide visual relief
and make it difficult to discern that an encroachment exists
VON
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.
A smaller addition may be possible without a variance request, but the minimum front setbacks
would yield an unusually-shaped and unworkable space.
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
M istinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
The unique hardships on the subject property relate directly to the shape and topography of the
lot, the location of the home in relation to the property lines, and the existence of three street
frontages. As described in the case analysis, the home is not centered on the large property;
rather it is located in the southern comer close to•but not parallel with—Twilight Drive.
The result of this orientation is a triangular sliver of buildable area between the home and front
A
WEI
setback With the change in grade on the property and the interior floor
plan of the home, it is difficult to identify alternative locations for the proposed addition.
Staff finds this criterion has been met.
Administrative Pariance
Case Alo, TVA-12-10 / Brennan
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The hardship described above was not created by the current property owner or any person
currently having an interest in the property. The hardships are based largely on the platting of
the lot and the location of the home. The subdivision was recorded in 1956, and the home was
constructed in 1964. The current owner purchased the property in August 2005, and thus is not
responsible for the existing conditions of the property.
Staff finds this criterion has been met.
The request will not diminish or impair property values within the neighborhood-, conversely,
the addition will likely have a positive impact on the neighborhood by enhancing visual interest
on the faqade and upgrading a traditional ranch-style home.
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.
Unusually shaped lots are present throughout the neighborhood. The Paramount Heights
subdivision includes over 200 residential properties that are all zoned R-1. Because of the
curvilinear street pattern throughout the subdivision, there are numerous properties that have
irregular shapes, hence the unusual conditions are not entirely unique to the subject lot.
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.
Administrative Variance
Case No, IGI-12-10 / Brennan
9. The application is in substantial compliance with the applicable standards set forth in the
,Architectural and Site Design ManuaL
The Architectural and Site Design Manual does not apply to single and two family dwelling
units.
Staff finds this criterion is not qppjicable.
Having found the application in compliance with the majority of the review criteria, staff recommends
APPROVAL of a 5.4-foot variance fi the 30-foot front 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:
With the following condition:
1. The design and architecture of the proposed addition be similar in character to the existing
house and generally consistent with Exhibits 3 and 6, subject to staff review and approval
through review of a building permit.
Administrative Variance 6
Case No. TYA- 12-10 / Brennan
EXHIBIT 1: ZONING MAP
Administrative Variance
Case No. WA -12 -10 / Brennan
EXHIBIT 2: AERIAL
464
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s.
s
V
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_
Administrative Variance 8
Case No. WA -12 -10 / Brennan
SITE PLAN
A
N
GRAPHICAL SCALE
10 0 10 20 31
iii /%
( FEET)
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4 ~N
5� �lqp
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LOT 2
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30' Setback
w, oST Wood Line
Deck \
Pavers
LEGAL DESCRIPTION:
(PROVIDED BY CUENM
LOT 1, BLOCK 15,
PARAMOUNT HEIGHTS PART 4,
JEFFERSON COUNTY,
STATE OF COLORADO.
SHEET 1 OF 1
i
Minimum R -1 Setbacks
® Proposed Addition
LOT 12
I
I
i
Note:
Site Plan is Based on Control Found on
Adjoining Lots in Subject Subdivision.
e An Improvement Survey Plat is Recommended
LOT 11 for Precise Location of Improvements.
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SURVEYORSSTATEMENT
I, ROBERT E. TORT, A DULY AEOIST LAND SURVEYOR LICENSED IN
THE STATE OF COLORADO, HEREBY STATE FOR AND ON BEHALF OF
RE.PORT LAND SURVEYWQ TO DAN BRENNAN, THAT A SURVEY OF
THE ABOVE DESCR ®FD PREIOSES WAS CONDUCTED BY ME OR UNDER
MY RESFONS ®LE CHARGE ON 07,024VAl2: THAT SAID SURVEY AND THE
ATTACHED PRAT IMLM- N WERE MADE IN SUBSTANTIAL ACCORDANCE
WITH C.R.S. 31-51- 106 RAND SURVEY PLAT'. PEG/ p �
4� 'St •LyQ
ROBERT E- PORT � ' 1�•`� t0•ZL71Z
P1.S. 415721
A.E.PORT LANDSURVEYDIG'•.
DOB NO. - "46"
AT LAh"
N92 °10'E 75.00 (Chord) - — —
150.00' Centerline Radius
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17 TWILIGH.) iJ
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Case No. WA -12 -10 / Brennan
EXHIBIT 4: TOPO MAP
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7 '1
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Administrative Variance ] 0
Case No. WA -12 -10 / Brennan
Administrative Variance
Case,N'o. JV4-12-10 / Brennan
Administrative T "ariaracc> 12
Case,No. WA-12-10 / Brennan
1'r-4XHIBIT 6: ELEVATIONS
Case Na 11 7 4-12- /0 / Brennan
EXHIBIT 7: SITE PHOTOS
I A view of the front of the property at 17 Twilight Drive; the proposed 150-square foot I
addition will be located to the left of the front doors.
Mature landscaping in the front yard will obscure the addition and effectively minimize the
visual impact of the variance.
Administrative Variance 14
Case No. WA -12 -10 / Brennan
BRENNAN MARY
BRENNAN DANIEL
17 TWILIGHT DR
WHEAT RIDGE CO 80215
SH`URI RICHARD L
HOERNER PEGGY A
19 TWILIGHT DR
I
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IN I I my
• 1 0141 otoLe-mon
DRIFTMIER STEPHEN W
17 RANGEVIEW DR
WHEAT GE CO 80215
imm"Ayllimillol
k &V I I VA a 4 1 14 1 RB 0 9 NOX&N
PETERS JULIE A
LEGGETT SHERRI
14 TWILIGHT DR
WHEAT RIDGE CO 80215
#
#
?012 1010 0001 ?2?7 098
7012 1010 0001 7277 1003 1
7012 1010 0001 7277 1010
---m
7012 1010 0001 7277 1027
7012 1010 C11301 72 113
7012 1010 0001 7277 1058 1
f,
City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303,2352857
CERTIFIED LETTER NOTICE
• •�
This is to infonn, you of Case No. WA- 1 2-1 0, a request for approval of a 5.4 foot
front yard setback variance from the 30 foot front yard setback requirement
resultin in a 24.6 f s
bot front yard
and located at 17 Twilight Drive.
The applicant for this case is requesting an administrative variance review which
allows no more than a fifty percent (50%) variance to be granted by the Zoning
Administrator without need for a public hearing. Prior to the rendering of a
decision, all adjacent property owners are required to be notified of the request
by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on July 23, 2012.
Thank you.
WAl21O.doc
www.6wheatridge.co.us
DR
llltv�� I
)
MILLSIDEOR
NE 26
Address Phone,----
contacc - 5A ,, vot
Address Phone
CitY_________-- State--.--------
(The person listed as contaoxvill be contacted to answer questions regarding thisµ application, provide additional information when necessary, post
public hearing signs, , will receive a copy ofthe staffreport prior to Public Hearing. and shall be responsible fior tonvaTding all verbal and written
communication to applicant and covner.)
Location of request (address):.ov, ,' ,j ar'
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application su Innittal reqnirenrents on reverse side
Required information:
To be filled out by staff:
[)are Fee C.asc
Connp Plan Desig. ............ Quarter Section Map__________-
R lated Case No -------- Pre-App Mtg. . ...... Case Manager, ......
71 Chang
,c of zone or zone conditions 0 Special Use Permit CI Subdivision: Minor (5 lots or less)
0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots)
0 Flood Plain Special Exception 07 Site Plan approval 0 Temporary Use. Building, it
0 f,ot t.,ine Adjustment 0 Concept Platt approval Variance/ giver (from Section
0 Planned Building Group 0 Right of Way Vacation 0 Other:------------
City of
Wh6at *
'COMMUNiTy DEmoPM]ENT
City of Wheat Ridg Municipal Building 7500 W 29 Ave. Wheat Ridge, CO 80033-8001 P: 303.2352846 F: 303.235,2857
Submittal Checklist - 'Variances administrative and non-administrative)
Project Namc:l? Project Location: Y Tt�
Applicant: 1)(A md �4' 12 Date: TV U
Project Planner: ; �tneAfrna Fee Paid: 1 12 06
As applicant this project, I hereby ensure that all qf1he above requirements have been
included with this submilIaL Ifill/y understand that ij'an�y one ql'the items listed on this
checklist has been excluded, the documents i+WINOT be distributed fin- (7io, revietv. In
addition, I understand that in the event any revisions need to be made after the second (2 .. ')
JnII review, I will be subject to the apl,)Iicable resubmittal
Signature: Date: /fp
Name (please print): Phone: — ,5CY -
wwwxi.wheatridgexoms
Variance Criteria for Review
A. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district In which It is
located.
B. The variance would not alter the essential character of the locality.
The variance does not after the essential character of the locality. The residence will remain a
ranch-style residence and the design incorporates some of the architectural concepts seen in other
remodels in the area.
C. The applicant Is proposing a substantial investment in the property with this application, which
would not be possible without the variance.
A substantial investment is being made to the property. The cost for this project is approximately
$83,000.
D. The particular physical surrounding, shape or topographical condition of the specific property
results in a particular and unique hardship (upon the owner) as distinguished from a mere
inconvenience.
17 Twilight Drive was built in 1964. The residence is bordered on three sides by streets; Twilig
Drive to the south of the residence, Dawn Court to the west and Range View St. to the northwe
The attached site itian accur
existing setback requirements.
z — " I I % - WITIM - Cff
any of the properties adjacent to 17 Twilight Drive.
G. The unusual circumstances or conditions necessitating the variance request are present in the
neighborhood and are not unique to the property.
Yes.
H. Granting of the variance would result In a reasonable accommodation of a person with
disabilities.
Yes, increasing the depth of the entryway and kitchen are reasonable accommodations for persons
with disabilities.
1. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
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SURVEYOR'S STATEMENT
I, ROBERT E. PORT, A DULY REGISTERED LAND SURVEYOR, LICENSED IN
THE STATE OF COLORADO, HEREBY STATE FOR AND ON BEHALF OF
R.E.PORT LAND SURVEYING, TO DAN BRENNAN, THAT A SURVEY OF
THE ABOVE DESCRIBED PREMISES WAS CONDUCTED BY ME OR UNDER
MY RESPONSIBLE CHARGE ON 07/02 - 04/2012; THAT SAID SURVEY AND THE
ATTACHED PRINT HEREON WERE MADE IN SUBSTANTIAL ACCORDANCE
WITH C.R.S. 38 -51 -106 "LAND SURVEY PLAT ". aS Crn.
mQ x
ROBERT E. PORT /li N 3-1 � .
P.L.S. #15321
R.E.PORT LAND SURVEYING
JOB NO. - 894695 < '
-?s
------ -- Date Received
---- Case No. 7/12/2012,
Related Cases Case Planner
'Reckert
. . ........
Case Description 5.4 foot hontyard setback variance
. ...... .
. .......... . ........
AAv&-" IkAvao4w?
. . ..... .. .. - - ---- ... .... . . . . . .......
Name I iel Name
Phone i(303) 233-0180 1
.... ....... . .
Address 1 - 7" T_ w if ig' ht" Dr. - --------- Cly Wheat Ridge
..... .... .
- — _-_- -
State CO Zip Il8 . .....
9$Mff 11A&V=AJ*W
Name lDaniel Brennan Name
......... .... .....
Phone 'f dd 8
Address 17 Twilight Dr. city Vheat Ridge
........ ......
State fitb 11 i Zip f8
L7-7-- ... ...... . ........... .............
.. .... ....... -
Name 'Daniel Brennan Name
Phone 23 -0180
Address City Wheat Ridge
State CO Zip
Street
Address Twilight Drive
City Wheat Ridge State 3 ---- — ---- -- Zip' 80033
CO
Location Description
Project Name
.. . ........ ..... . .. ........... ...
.. . .... .....
... ........ .
Parcel N o Qtr Section District No
.... ..... ..........
Parcel No
Qtr Section:
District No.:
392840600815 E28 ill
. .... ..... ..
Pre-App Date Neighborhood Meeting Date
App No . ...... ... .. ........ .. ... . ... ..... .
Review Type Review Body Review Date Disposition
Comments
Report
. . ............ ...... . ........ ......... ..........
f
Review Aamin
. ....... .....
Deadline to object 7/23112
i
.. .... - -------- - ----- - --------
4
Case Disposition D isposition D ate
...... ..... -
Conditions of Approval
.............
Notes
Status
Res # Ord #
Storage: I
CITY OF WHEAT RIDGE
V/U/12 2:17 PN edba
DANIEUMARY BRENNAN