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HomeMy WebLinkAboutWA-13-03- City of - IV "idge COMMUNITY DEVELOPNT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 October 9, 2013 Douglas Small 25950 Village Circle Golden, CO 80401 Dear Mr. Small: This letter is in regard to your request for approval of an extension of the variance granted pursuant to Case No. WA- 13 -03. In April 2013, you were granted a 34 -foot variance from the 100 -foot minimum lot width requirement for the purpose of allowing a two - family dwelling on property zoned Residential -Two (R -2) and located at 4110 Upham Street. On October 22, 2013 this variance approval will expire. Pursuant to Section 26- 115.C.4, extensions for good cause shown may be approved by the Community Development Director if a request is made in writing prior to the expiration date of the variance approval. The Community Development Department acknowledges your request for extension received October 8, 2013 and hereby grants an extension for 180 days. Please be advised that if a building permit is not obtained by Monday, April 21, 2014 your variance will expire. Sincerely, Kenneth Johnstone, CP Community Development Director cc: Case File WA -13 -03 wN �s xi.wheatridgexo.us DOUGLAS SMALL 25950 Village Circle Golden, CO 80401 303 - 909 -5383 (cell) 720 - 746 -1342 (office) dssestates @aol.com October 8, 2013 Lauren Mikulak - Planner City of Wheat Ridge Community Development 7500 W. 29 Ave Wheat Ridge, Colorado 80033 RE: Case No. WA -13 -03 (4110 Upham Street Variance) Dear Lauren, On April 25, 2013 the City of Wheat Ridge Board of Adjustment approved a variance request for 4110 Upham Street, Wheat Ridge, CO 80033. The Case Number was WA- 13 -03. It is my understanding that the variance will expire 180 days after the date of approval, unless an extension request is submitted and approved. Due to the poor economic conditions, it has been very difficult for us to obtain financing for this project. The banks are still very hesitant when it comes to construction financing. We are still working on obtaining financing, but we are in need of more time. We would like to request an extension on our variance approval, to allow us additional time to obtain financing. Please consider this letter as our written request for an extension. Thank you for your understanding. If further information is required, please advise. Sincerely, Doug Small (Owner) v FIUE p" it FIN • City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat Ridge, CO 80033-8001 P: 303.235,2846 F: 303.235.2857 Mr. Douglas Small Sno wmx���W 11 11�1 p I I 111;1�m� Enclosures: Certificates of Resolution Draft of Minutes cc: WA- 13-03 (case file) ww www.ci.whewtridge.co.us MM CASE NO: WA-13-03 APPLICANT'S NAME: Douglas Small LOCATION OF REQUEST.- 4110 Upham Street. WHEREAS, the application Case No. WA- 13-03 was not eligible for administrative review; arl WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were I I objections registered against and 3 statements of support registered for; and 1114 - din"g - ttle - HRUM ana purpose ot tile regulations governing the City of Wheat Ridge. NOW, THEREFORE IT BE RESOLVED that the Board of Adjustment applicant Case No. WA- 13-03 be, and hereby is APPROVED. TYPE of VARIANCE: A 34-foot variance from the I 00-foot lot width requirement to allow a two-family dwelling on property zoned Residential-Two (R-2) and located at 4110 Upham Street. 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in an underutilized and blighted property which 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 investments. 4 1 . The property is unusually narrow for the for the R-2 zone district that was originally created by Jefferson County. 5. The request would not be a detrimental to public safety or welfare. Board of Adjustment Resolution WA-13-03 Page 2 of 2 DISPOSITION: A request for approval of a 34-foot varia from the I 00-foot minimum lot width requirement to allow a two-family dwelling on property zoned Residential-Two located at 4110 U4 ham Street was APPROVED. 11 9 MITS11114141MI E=1,0*111114 I Alternates Present: Imm IM T - eckert, Sr. Planner Mikulak, Planner 11 age 3. PUBWFORUM No one wis� to si, 0 Board of Adjustment Minutes time. Board Member HOVLAND clarified a single family home can be built on the subject lot without a lot width variance. Ms. Mikulak confirmed this is correct, RUWtiffOrm, WQXTT IJAYL lr�il iii an nwivasic in trairric on since tnere had previously been two dwellings on the property. In regards to Board Member HOVLAND's question, Ms. Mikulak stated there is no proof that the second structure was ever legally approvil Doug Small 25950 Village Circle, Golden, CO 80401, The applicant was sworn in by Chair GRIFI zoned R-2 which allows for construction of developed with two dwellings on the pvrop'el several years ago. With the exception of th( property easily meets all the development it st lot area, maximum building overage and h( dwellings on the property th be a mixture of single-famil3 an i ly resale values for properties Ridge is focused on rehabilitated variance a new ,doi to ff shows three dfff' ient sce artos. The 'I 41J duplex desiglfs"�11,11, M M esidences. The existing structure is hurting a target for vandalism. The city of Wheat �p older properties, and by granting this �����' orhood� The site plan submitted „'enve �� accommodate numerous A- '" 01- tructure looks like a shack and asked if it was at said t lectrical and plumbing systems need to be • ed for livine snace. it mij eiJej A &j i MILE since ine final site plan there will be parking spaces available in the 6arking in front of the garages. WW 111"XV-0niall" nin-101630111i Board Member PAGE asked if a duplex can be divided and sold to two separate parties. Ms. Reckert confin that a I - -dui INYA without subdividing the land. This includes a party wall agreement and is processed through the County. Board of Adjustment Minutes April 2 5, 2013 Suzanne Ca 9 ra 7070 W. 43' Ave. Ms. Capra expressed concerns that approval of the variance would establish a precedence to allow duplexes. She expressed concerns with the amount of rental properties in the City and neighborhood. 011110M��= 0 Angelo Martinelli 4240 Upham St. Mr. Martinelli did not speak at the podium, but indicated that he agreed with reasons already stated in opposition. Ek" Mr. Whaley had concerns related"to th&° be tion of, J red property line in relation to an existing fence. He requested a survey be completed any decisions are made. Mr. Whaley explained the rear str-6 ure wad i 11111 livable c was not rented. Part of it was used for the keepin&pf animals. Board Member BELL clarified a duplex is two living spaces not a multifamily apartment house, She commented that a single family ,residence can have as many or more vehicles Verna Shaw 4195 Teller St. Ms. Shaw stated she originally was opposed, but she appreciates the applicant's plan and his interest in developing the property. She stated her support for the proposal. Al Leos 4221 Upham St. Mr. Leos did not speak at the podium, but indicated that he agreed with reasons already stated in opposition. Board of Adjustment Minutes April 2 5, 2013 Chair GRIFFITH called for a,vote and advii h "'er majority votes would be required for "' yal. The motion was approved by a vote 45 —1 with' &' 0,', Member PAGE voting no. 1. Board Member David Kuntz was welcomed to the Board of Adjustment. 2. Chair Paul Griffith was congratulated for his first meeting serving as Chair. 3. Wade Sanner has taken the position with the City as Planner I and will be relocating to CO at the end of May, He will be taking over presentations to the Board of Adjustment. We would like to thank you for taking the time on behalf of all the neighboring residence of I" A LTWTJ MFU OR r,-73 IFF1 WT#Jf TP14711-1114 City of Wheat Ridge 7500 W. 29' Avenue Wheat Ridge, CO 80033 Upham Street in the City of Wheat Ridge. This decision is in violation of City Municipal Building Code Minimum Lot widths. The property alo Uham Street cnsists f properties the same width and length. Slitting this property u is nt consistent with existing neighbo rhood properties. I p o o p p o The City of Wheat Ridge is already home to 58% rental units. Wheat Ridge schools suffer because of the number • transient students who move in and out of the rentals within the city. The vision for Wheat Ridge needs to be neighbors supporting their schools, their community and their neighborhoods. Additional rental units do not fit this vision. We strive to make 38 Avenue more like 32 nd Avenue in North Denver. The reason 32 Avenue in the to live there for many years. I 1111� 111 IIjI;I 111 111 1! Craig Ayler 4200 Upham Street Wheat Ridge, CO Lauren Mikulak Andy Horn 7175 W. 42nd Ave. Andy Horn 30 4561981 .......... Vr City Of q TO: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment MEETING DATE: April 25, 2013 CASE MANAGER: CASE NO. & NAME ACTION REQUESTED: Lauren Mikulak WA -13 -03 / Small Approval of a 34 -foot variance from the 100 -foot lot width standard for a two - family dwelling on property located at 4110 Upham Street and zoned Residential -Two (R -2) LOCATION OF REQUEST: 4110 Upham Street APPLICANT (S) OWNER (S): APPROXIMATE AREA Douglas Small Douglas & Hedy Small 12,810 square feet PRESENT ZONING: Residential -Two (R -2) PRESENT LAND USE: Vacant land with accessory structure ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map Site Board of Adjustment Case No. WA -13 -03 /Small 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 34 -foot (34 %) variance from the 100 -foot lot width standard for the purpose of allowing a two - family dwelling on property at 4110 Upham Street. 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 the variance request does not result in an additional dwelling unit. The application is not eligible for administrative review because the request would result in the approval of a second dwelling unit. Therefore, the Board of Adjustment has jurisdiction to hear and decide upon the variance request at a public hearing. II. CASE ANALYSIS The applicant. Doug Small, is requesting the variance as the owner of the property. He purchased the property this month on April 4, 2013. The subject property is located at 4110 Upham Street, is zoned Residential -Two (R -2), and has an area of 12,810 square feet. The parcel was originally developed in the 1940s with a single- family home on the west side of the lot and an accessory structure in the backyard. The site is largely surrounded by other properties zoned Residential -Two. Two lots to the south on U ham Street are properties zoned Residential -Three which contain multi - family apartment buildings ing Map). In 2008, a fire on the ro erty damaged the home and it was entirely demolished under building permit #080664 Demolition by a previous property owner included asbestos abatement. The accessory structure remains on the east side of the lot, but the property has not been redeveloped since the fire. Mature trees are located throughout the site, a fence runs along the west and north property lines, and an unpaved driveway is located on the south side of the lot. The applicant has proposed to redevelop the lot with a two - family dwelling. He describes the existing accessory structure as a small guest house which includes one bedroom and one bathroom; a neighbor has also stated that the accessory building has served as a dwelling unit in the past. There are no City records to verify if a building permit was ever issued for this accessory dwelling unit. A storage shed appears to have been subsequently added on the south side of the structure. The building does not appear to have been used for vehicle storage as there are no overhead garage doors M. Anecdotal information from a neighbor suggests that the existing dwelling unit has been deemed uninhabitable by the Fire Marshall and that demolition of the structure may require asbestos abatement. The neighbor also suspects that the former location of the home may have been filled in with construction debris; this could entail additional cleanup costs for a developer or future property Board of Adjustment Case No. WA -13 -03 /Small owner. Code enforcement records indicate at least five citations issued to previous owners related to property maintenance issues since 2009. The property is unplatted, but the a licant has vided an Improvement Location Certificate (ILC) which -indicates the lot dimensions fiiii". The parcel meets the minimum lot area for single- and two-family hornes in the R-2 zone district, but does not meet minimum lot width requirements, as shown in the table below. * Option 3: Construct a new duplex and dernolish the existing structure. The enclosed site plans are relatively conceptual, but demonstrate that the applicant will definitively meet all minimum setback and lot coverage requirements. The applicant has expressed that construction of a duplex is more desirable because it makes redevelopment of the property more cost effective. The 15-day public notification period for the public hearing is currently in progress. At the time of publication of this staff report, no written comments 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 mmlicanthas rovided an analysis of the application's compliance with the variance criteria . Staff provides the following review and analysis. Board qf A djustment 3 Case Vo. JV_11 -I 3-03,'Stnall 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 could 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 after the essential character of the locality. A lot width variance to allow a duplex is not likely to alter the character of the locality. The R- 2 zone district allows for two-family homes, and a variety of housing styles exist on Upham Street, While the properties to the north are single family homes zoned R-2, there are several ro ierties to the south hich are zoned R-3 and contain multifamily apartment buildings The applicant has stated they can meet the minimum R-2 setback requirements, and the site is large enough to accommodate the required number of off-street parking spaces. The site may be negatively affecting the character of the neighborhood more in its current condition than if it were to be developed with a duplex. Ifthe existing structure was, in fact. used as a separate dwelling unit before the main home was demolished, then construction of a duplex will not result in any noticeable change from the historic use of two dwellings on the property. The proposed design of the new construction will be traditional in nature. The applicant has provided a sample of craftsman and cottage styles; similar characteristics would be used in the final design of the home for the subject site MARMNAWBOM. 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 by developing a site which has been underutilized and under maintained for five years. Rehabilitation of the site and development of a duplex is expected to add value to the property, but may not be possible without a variance. The City's Neighborhood Revitalization Strategy (SIRS) encourages investment in property, calls for new housing stock, and supports thoughtful residential designs. Approval of the variance could ensure that the substantial investment being proposed offsets the applicant's risk and results in a high quality end product which is consistent with the goals of the NRS. Staff finds this criterion has been met. Board qf'A4juslinenl 4 Case No. HA-13-03 " Small 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 shape and size of the property present a unique hardship because the site is unusually narrow. At about 66 feet in width, the lot is nonconforming because it does not meet minimum width requirements for any use in the R-2 zone district. 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. v The hardship described above was not created by the proposed purchaser or any person currently having an interest in the property. The applicant did not create the substandard lot, and thus is not responsible for the existing conditions or shape of the property. Staff finds this criterion has been met. The request would not be detrimental to public welfare and is not expected to iqJJure neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are no unique or unusual circumstances present in the neighborhood that are also present on the property that necessitate the need for a variance. The property south of the subject site is Board qfActiuntnent Case No, 1 2.13 -03 Snudl also substandard in width, but all other R-2 parcels on Upham appear to meet minimum lot width requirements. 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 rneet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is fl2t a TX, licable. 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 Valicable. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL, of a 34-foot (34%) variance from the I00-foot lot width requirement for a duplex in R-2. 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: I . The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in an underutilized and blighted property which 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 property is unusually narrow for the R-2 zone district. 5. The request would not be detrimental to public safety or welfare. With the following conditions: 1. All rninirnurn setbacks for a two-family dwelling in the R-2 zone district be met. 2. The driveway be constructed in compliance with section 26-501Y of city code. Specifically, the first 25 feet of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers, or similar materials. 3. The property shall comply with the landscape requirements of section 26-502 for new single- and two-family residences. Board cif 44justment CaseA'a KA-13-03 to all EXHIBIT 1: ZONING MAP 0 Bourd of Adjusl►nem Case ,Vo. ff:4 -13 -03 Small EXHIBIT 2: AERIALS 2010 Aerial 2012 Aerial Board orA4jusimenl Cuse No. W-1 -13 -03 Small EXHIBIT 3: SITE PHOTOS Looking east at the subject property from Upham Street. The accessory structure is visible in the distance where the arrow is pointing. A view from inside the property of the existing accessory dwelling. Windows are covered with plywood; the storage shed on the right side appears to have been added on. Board of Adjustment q Case No. WA -13 -03 /Small EXHIBIT 4: K! 0 i cV 0 0 V V � O U O h W O ^1 �I i O w v 3� ILC < n 4` W< 20t- p��]WZ� o Wao <a� V W 0 AW - 3 � U aWaiao�' %> WWJ�� IN � �W��. m C =° u Z U I Z p k m >pZUW 2 M 0: Ix O } ...iW l- a W <p � 0 � u T W ~ a a W ZZ -'a i2 U Z aa��F04FWNZ W 2 O 1. 7 bW O ?WW \ O W W VI U H ObQnOpb, ct �~� f O F- \ � U T.On�p C 1. Ix W 2 � 0 3 tt � < i 0 = � tpn W Z V�'i W i -' w f rli d ' S S n > Z F � v 0 3�jR r S C Ln v) U� Ix u W W U O O $ Vl VI W V'- 0U Case No. WA- l 3 -03 / Small - -- - -- — — — — — — — — — — - � aao e I I CN I o > W U N Q I 2 S V 'O � L ONO V V � O U O h W O ^1 �I i O w v 3� ILC < n 4` W< 20t- p��]WZ� o Wao <a� V W 0 AW - 3 � U aWaiao�' %> WWJ�� IN � �W��. m C =° u Z U I Z p k m >pZUW 2 M 0: Ix O } ...iW l- a W <p � 0 � u T W ~ a a W ZZ -'a i2 U Z aa��F04FWNZ W 2 O 1. 7 bW O ?WW \ O W W VI U H ObQnOpb, ct �~� f O F- \ � U T.On�p C 1. Ix W 2 � 0 3 tt � < i 0 = � tpn W Z V�'i W i -' w f rli d ' S S n > Z F � v 0 3�jR r S C Ln v) U� Ix u W W U O O $ Vl VI W V'- 0U Case No. WA- l 3 -03 / Small EXHIBIT SITE PLC 4110 Uphar OPTION NL Create a du adding -on tc existing hou Lot Area: 12 Bldg Cover SCALE: 1 " =2 Board ofAdjuslnnew Case No. HIA -13 -03 Small UPHAM STREET +5.11a 4110 Uph; :012KOU ► Convert th house into garage am new duple Lot Area I Bldg. Cove SCALE: 1" Board of Adjustment 1 Case No. WA -13 -03 Small UPHAM STREET 4110 Up OPTION Demolish house ar new dupl garages Lot Area: Bldg. Co% SCALE: 1 Board ofAdjustment Case No. IfA -13 -03 Small UPHAM STREET EXHIBIT 6: LETTER OF REQUEST Description and Response to Variance Criteria for Review (Property Address: 4110 Upham Street, Wheat Ridge, CO 80033) Brief description and history of the property: 4110 Upham Street is currently zoned R2 and is approximately 12,811 square feet. The dimensions of the property are approximately 66. 10 feet wide by 193.81 feet deep. Originally there was a main house and a small guest house built on the property in the 1950's. The main house was destroyed in a fire a few years ago and the small guest house is the only structure that still remains on the property. The small guest house is in total disrepair and needs extensive work on both the inside and outside. The house is approximately 700 square feet and is a one bedroom, one bath unit. The neighborhood is a mixture of single family and multifamily residences. The property adjoining this property, to the north, has a single family residence with a guest cottage behind it. Directly across the street, to the west, is another single family residence with a guest cottage behind it. Two lots to the south of this property is an apartment building, and there is another apartment complex across the street from that. As it stands, the existing structure is an eyesore for the neighborhood and is definitely hurting resale values for the properties around it. We are looking at different scenarios that would allow us to rehabilitate the Property and add value to the existing structure as well as to the neighborhood. Due to the fact that the property was subdivided many years ago, the original developers did not need to take into account the current development standards with respect to "Minimum Lot Width ". The subject property can meet all of the development standards with respect to building a "Two-Family Dwelling" ((i.e. Setbacks, Minimum Lot Area, Maximum Building Coverage, Maximum Height, etc.) with the exception of the Minimum Lot Width. In order to make it financially feasible for us to rehabilitate this property we would need a variance to meet the current Minimum Lot Width requirements. Due to the significant costs associated with rehabilitating this property, we are currently exploring different options that might be more cost effective. We are requesting a variance to allow us the ability to develop the property into a duplex using one of the following scenarios: 1.) Add on to the existing structure and turn it into a duplex. 2.) Convert the existing structure into a detached garage and build a new duplex. 3.) Demolish the existing structure and build a new duplex. Any of the scenarios listed above would have no problem meeting all of the other development standards associated with the R2 Zoning for the construction of a duplex (i.e. Setbacks, Minimum Lot Area, Maximum Building Coverage, Maximum Height, etc.) assuming that a variance would be granted for the Minimum Lot Width requirement. Board of Adjustinew 14 Case No. WA -13 -03 Small >cc2wc +» <t» « : w E. If dwe ©r particular or unique h it the, w go d h has of «: a by any pown Preswdy having an tntovA in the t »,m» <aayy «c «© 4 £ ?< 14111! » ^ ©»<« £. « «s \2 ?« «,.,*\ arZqw - . <. \ :\ !! .1 !I -13-0!2 i a a • m noceWwng the vwiance request we ptesent in the neighbodwM and are not unique to the ptopoty. Board qf Actizismient 16 Case. o, HA-13-03 ; Small EXHIBIT 7: DESIGN EXAMPLES The following images are sample design which exhibit design characteristics similar to those which would be incorporated into a final design for the subject property. SAMPLE DUPLEX PLAN Board of Adjusiment 17 Case No. WA -13 -D3 /Small rn r-4 m m ry 0 ev m m m 0 rt m LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29' Avenue * Wheat Ridge, CO 80033 0 Phone (303) 235-2846 (Please print or type all information) 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 0 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: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval qk Variance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other:, Detailed description of To be filled out by staff- late received fit2 - S VOL ReceiPt Case No. VVA- 13 5 ---- lee '� ' No.4 Comp Plan oni Pre-Ap ng p L —Date Quarter SectioriMap Z Related Case No.11------�'ll-l.--.-,-,---.---.-- I N tg" Case Manager � Required information: Assessors Parcel Number: ___jq,- A34-�:�'- Size of Lot (acres or square footage): Current Zoning: Proposed Zoning.--k No 4K Current U`se:iLC4,- Proposed Use: Case No, WA13L3 DateRecerived Related cases Case Plannei Mrkuiak - Case D e sc riptio ri- 'a - s ia to' - red' u'c ' m - - iiir - rw - m - . .. .... -------- --- ---- --- ------ - width i emerA eqL* for a 2-f W* dwebv from 100 feet to 66 feet *P&MW Name Dougtas Smut Name Phone +(303j 909 5383____J Address !25'9 0Villag"e Circle ...... .. .... . City i State lCD Zip ........ .. . Name Douglas Hedy Sma Nam . ...... 1, Phone e 1 (303)bQ Address City State CD ' J Zip 1 80401- Name S oug -M Name ........... (303 5383 Address C iy state Address x4110 Sheet Upham St, �Wheal City Fudge State [ICO - Zip �800 , 3 3 Location Description . ..... ... ... .... .. .... .. Project Name 3923400066 SE23 Patc*1 No. 39 234 00 066 Qtr sect ion, 23 1 District No.: "fF .......... .. . ... _J T ............. . . . - . .. . ....... - Pre p Date ' Review — Typ- Ne0borhood Meeting Date App No.* Review Body Review Date Disposition Corm*MS Report c7 . ....... . ..... . . . ..... . . . ... .. 'Public Hearing � ... ........... ... V . . .. . ........ J L-J, Case Disposition Disporritio,, Date ... ... . . .. .. ...... Conditions of Approval Notes 1 - -------- --- - status p pen Res# sd# 0 ---- --- ---- n Storage: J . .... ..... .. . ..... CITY OF WHEAT RIDGE 04/01, 12158 P11 edbb Douglas Small RECEIPT N0:CDB@@8676 FMSD ZONING APPLICATION F 480.00 ZONE PAYNENT RECEIVED A11106 C K 2972 410. be, TOTA 480100 25950 Village Circle Golden, CO 80401 (720) 746-1342 (office) * (30 ) 909-5383 (cell) dmvemate v com L) Add on to the existing structure and turn it into a duplex. r7rMopment stanuaras associated with the R2 Zoning for the construction of a duplex (i.e. Setbacks, Minimuni Lot: Area, Maximurn Building Coverage, Maxinnurt Height, etc.) assuming that a variance would be granted for die Minimum Lot Width requirement. R The variance would not alter the essential character of the locality v or I ° + ,__�33___ ...�.....,..... __,......._....,�.._�...._.... ,,.�._... _..... __....�_ . a. h o c u N . gay ¢ F � k z w z W nnNn ONO rB rvy y Qaw�-Z_ ZOOS TZ.t769.Foxzsw "Sm to Yr -.CCU E w �w roe pVV y^�sM '4f " vim ow ryd gCA p � A� +H ONO " no w ai S M , X W }. Z w'' o z d T h Zko 0 0 0 4 ,C)t59 w f 7-• flu)�� JZ VIA hhroro� &� plpyy Et 4j N + '1(n Q LU POOR CS 'ryw/ ga. N a � °M yy p ism pyy Cti v ix C? Lz Fes" M j� C` CYO k#h8t7i°i7kd A. 1 3h2f35317 353t ty ?h �``' 0 0 ,L �.. FaA � Q .. •�" I O C7 c'. C?} Col 3a.i � ONO 4/25/13 — Irnforinati4n I OF I 9��� 1 IN GENERAL INFORMATION Schedule: 024397 Parcel ID: 39-234-00-066 ErkiLd9k Status: Active Property Type: Residential Property Address: 041 UPHAM ST Owner NarneW WHEAT RIDGE CO 80033 4831 ROBINSON BRUCE Mailing Address: PO BOX 2665 REA1 REAL ESTATE AC21JISTIONS EVERGREEN • 80437 2665 ABW RED INC Neighborhood: 2405 - BARTHS, COULEHAN GRANGE, WHEAT RIDGE AREA PROPERTY DESCRIPTION Subdivision ociated with Sc PROPERTY INVENTORY Property Type RESID Year Built: 1950 Adjusted Year Built, 1950 it #� . t4r -- __- m. rim sm Trustee's Deed SM W� �2012 Payable 2013 m. rim Trustee's Deed # mlyflm. VJ ... .. ... I W� �2012 Payable 2013 m. rim 0 . 0 MY]MC upwil jeffco.us/ats/Chspia)generM.do?sch=024397&dfset--O 1/1 4110 Upham OPTION NUI Create a dup adding -on to existing hous Lot Area: 12, Bldg. Covera SCALE: V=2 UPHAM STREET 4110 Upham Street OPTION NUMBER 2: Convert the existing house into a detached garage and build a new duplex. Lot Area Bldg. Coverage SCALE: V =20' 66.10' N c'o UPHAM STREET 4110 Uph OPTION I Demolish house an( new duple garages a Lot Area: Bldg. Covi SCALE: 1' 66.10' UPHAM STREET R - SAMPLE DUPLEX PLAN Side by Side Units) AbbotsvlUe MASTER r z BR. 2 BR. 3 MASTER GREAT RMM, 8R. 2 1 T i BR. 3 Z it GARAGE Upper Floor 890 Sq. Ft. Main Floor 637 Sq. Ft. Intal Awn 15'7 Fr Width 36' Depth 61' jjg Height 28' Crawlspace . GARAGE 61' - t 1 18' ► 1 18' ► -4 36' PO- P S 1 0 R 0 DESIGN RSS0[191ES IHC 130 N \1, h .'1cr., I'o riIand. (1h '1 '_w) •5111.'�i. <I161 • laz i1 i ,.11'131 ww•w.masco rd, com 10ITM STYLE DUPO This quainr- looking cottage holds a scout - it is actually two separate, mirror - image units in one structure. Fach side has iden- tiad floor space, opening from a coverrd angled entry. Tlne raised dryer holds a half -bath and coat closet, plus stairs to the upper level. Under - stair storage is acrd ssrd via the half both. A large great room and open kitchen reside to the bad* of the plant. A nine -foot exiling, comer fimplacr and sliding glass doors to a rear deck male the great room special. A large pantry adds to kitchen storage. The staimaw is T- shaped and splits at the landing to Bedroom 3 on one side: and the nnasrer suite and Bedroom 2 on the other. The master suite and the right -hand unit's Bedroom 3 fraturs boa -bay windows. Nate the latutdry alawe on the second floor and dotal sinks in the roaster bath. A one-car garage at street Iced is reached by a door in the entry hall. V 1999 Alan Atasccxd Design .Usociates, Inc. All rights resented. LL _ 0 4 � V W } a J.. O s. M -0 Cr 10 s C u t C p ai v C> Cl. w w o ; a� C fl V) w R M N* M u o o m CO LT = M w O �v•ET �� V CO u. =U =W V O C V lf1 M' O _° °_' %T O w- 0)-, N M l 1^ M "f of u n W -� X cr U-) .. o CL o 4n C iJ � C V1 'a • C � �•+ u C c a N a N W M w.+ C CT Y N •N _C (y LT LL m cr L I x W E — w Z ,� x 0 to o cn 4I Cl.._ VI V al M o L f D °�' B M W 0 LL 0 Q ro ° E N ° C of L U C O IV @ m C° LL 0Q'�4Jo o w O j(Af VfH ^ ir► � � C1 � CITY OF WHEAT RIDGE �Milyllq RM] aw,1131161 Nil M law 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. MEMM �,_W47MI117L t t 7r,#Tpr(TYM ot vanance from the I 00-foot minimum lot width requirement to allow a two-tamily dwelling on property zoned Residential-Two (R-2) and located at 41 Upham Street, and legally described as follows: NORTHI/20F THE SOUTH% OF THE SOUTHEAST% OF THE SOUTHEASTI/40F THE NORTHEAST % OF THE SOUTHEAST Y40F SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WE O TH P.M., EXCEPT THE EAST 125.0 FEET THEREOF AND EXCEPT THE WEST 10 FEET RESERVED FOR READWAY IN BOOK 273 AT PAGE 308, COUNTY OF JEFFERSON, STATE OF COLORADO I 17'r=ave any or MIFF to review any plans, please contact the Planning 846. *•I at 303-235-2 Thank you. WA1303.doc www-d-wheatridgemus 1 JA COBS w JACOBS FRANCES k WHEAT RIDGE CO 80033 2802 S ZENOBIA ST T'%T7XTA IT`T'f ,t 0^ 1 '1"} If UPHAM STREET APARTMENTS LLC 2517 TAFT CT LAKEWOOD CO 80215 7006 0100 0006 7651 859? SOLOMON BEVERLY 215 S WADSWORTH BLVD 200 LAKEWOOD y ■ r 868 r oo A 4211 UPHAM ST 7006 0100 0006 7651 871ci b LO I- S C3 cs A S d i C7 C? N 04 (14 I& WVHdF ft� l "4 d Vr City of Wheat Pijdd e g CASE NO. WA -13 -03 POSTING CERTIFICATION BOARD OF ADJUSTMENT HEARING DATE: April 25, 2013 I, residing at as the applicant for Case No. (name) Vk' 11( Cl�C1Q ddress) A WA -13 -03 hereby certify that I have posted the Notice of Public Hearing at 4110 Upham Street (location) on this 11 `' day of April and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: I NOTE: This form must be submitted at the pu c hearing on this case and will be placed in the applicant's case file at the Community Dev opment Department. MAP Lauren Mikulak 74f f '#� Andy Horn 7175 W, 42nd Ave. Andy Horn 301456,1981 To: City of Wheat Ridge Board of Adjustment u mwluflxt� UEWWMEM= EMM= smma��� Vacant Land with Uninhabitable Accessory Structure 239�� P_ISAI!P_RQYAL of Applicant's Application for a 34-foot Variance from the City of Wheat Ridge Municipal Code, Section 26-209, requirement for a "MinimuM LQt Width" of 100 feet Note: The following response is organized to respond, item by item, to the: " City of Wheat Ridge Planning Division Staff Report on this Case, presented to the Board of Adjustment in preparation for the April 25th, 2013, Board Meeting. I do not know if this Board has jurisdiction in this Case until the Affidavit for the " Posting Certification " has been properly executed and submitted to the Planning Division. I would ask this Board to verify this. The request is for approval of a 34 -foot ( 34% ) Variance Qnly from the 100 -foot Minimum LQt Wift required in the City's Municipal Code. This request does = include a request for a Variance on the Code requirement for Minimum LQt Arga of 12,500 square feet for a Two-Family Dwelling. P Vacant Land with Uninhabitable Accessory Structure 239�� P_ISAI!P_RQYAL of Applicant's Application for a 34-foot Variance from the City of Wheat Ridge Municipal Code, Section 26-209, requirement for a "MinimuM LQt Width" of 100 feet Note: The following response is organized to respond, item by item, to the: " City of Wheat Ridge Planning Division Staff Report on this Case, presented to the Board of Adjustment in preparation for the April 25th, 2013, Board Meeting. I do not know if this Board has jurisdiction in this Case until the Affidavit for the " Posting Certification " has been properly executed and submitted to the Planning Division. I would ask this Board to verify this. The request is for approval of a 34 -foot ( 34% ) Variance Qnly from the 100 -foot Minimum LQt Wift required in the City's Municipal Code. This request does = include a request for a Variance on the Code requirement for Minimum LQt Arga of 12,500 square feet for a Two-Family Dwelling. If. CASE ANALYSIS The Staff Report infers, in paragraph • • section 11, that this property would not require a Variance for a Single-Family home. The City Municipal Code, Section 26-20• , requires a Minimum Lot Width of 75 feet for a One-Family Dwelling. The subject Property is 66 feet wide. Why is a Variance not required • this subject Property for a Single-Family Dwelling ? 111. VARIANCE CRITERIA 1. City Planning Division Staff AGREES this Property can function as a Sink-Eamily roidgilm without this Board GRANTING Approval of th particular application for Variance. In The subject property has always been Single-Family occupied. It is a significant misrepresentation to characterize this area as Two-Family because it is zoned R-2 when, as a matter of reality, it is not. 111111�11111 11 11 IIIIIIIJI 11111 !1111111111111111111111111111111 J1111 Jill lig'' 11111111 There are currently no Duplexes in the immediate area on Upham, Teller or Reed from 38th to 44th. Granted, there are multi-family apartments to the south on Upham street, from about 39 to just before 41st. These are zoned R-3. ME As a long time Wheat Ridge Resident, Taxpayer and neighbor, to this subject property, I definitely believe a Duplex erected, at this location, will have a negative effect on neighborhood property value. MMMK��� UMMM� . FV. 1. This writer does not agree that the proposed Variance would not alter the essential character of this locality. On the contrary, as indicated above @ Ill.-2. there are currently No Duplexes in the general area and all the adjacent and surrounding properties to the north, east and west are Single-Family Owner occupied. 2. Local Real Estate information is available to indicate a Single-Family home here is viable. Ii I I I MINES I! 11 111 1 ii I �ii I • 4. The Property width of 66 feet does not even meet the Single-Family Dwelling Width Requirements of 75 feet, let alone 100 feet for R-2. E r r N 1. Technical: 1. This application is for a 34 foot Variance ( 34% ) from the 100 foot Minimum Lot Width Q • Variance has been requested relative • the Minimum Lot Area requirement of 12,500 square feet. 2. The subject property does not currently meet the Minimum Lot Area requirement of 12,500 square feet for an R-2 Dwelling when the property encroachment, due to the existing fence along the north property line, is taken into consideration. 3. This property does not meet the Minimum Lot Width requirement of 75 feet for a Single-Family Dwelling. 4. There are no Two-Family Dwellings in the entire adjacent area marked on the map as zoned R-2. 5. The subject property has always been Single-Family occupie'36 • A sidewalk will need to be installed on the street frontage of this property. Currently only 10 feet from the centerline r- Street has been dedicated for the Street. An additional dedication or easement will be required for the City sidewalk which will, again, further reduce the Lot size. 7. Parking problems exist now, at this location. A Duplex will only exacerbate this parking problem. If. Substantive: 1. This subject property, at 4110 Upham Street, is simply too small for a Duplex. 2. Many • the nearby neighbors do not want to see a Duplex at th location. However, they have no problem with a Single Famil Dwellin& as it possibly would be Owner-Occupied. I 11A W. 0 M= H. this Board • Adjustment DENY the Application for Variance as represented by: Please do not hesitate to contact me for any questions you may have or any additional information I may be able to provide. XFINM Connect: Inbox (19) Home TV ("Onlicet Accoum SboWupgride .�' Email ussga: 4% of 10 GO 4/25/13 10:40 AM " I " ""My vwv"tmo , .! Fwd Usting Re Sent Draft (3) sp— Trash Angela's Family ASME Slue Valley sc 2009 CH12M Hill, Alaska Hawk Consultants-hilk, Fete weffw Rep Wican Delegate RMNP Wheat Ridge HS Class L�11111111111111 NOW CIO mail Ratify Reply to All Forward Delete, Move Spam privit Summary infortnation below provided courtesy of olist. To view additional photos, virtual tour (if available) and details about each listing, dick on the finks. This will open an intemet browser window. Total Number of properties: 15 ro $369,000 3255 INGALLS St Meat Ridge, BW Photos " Virtual'Tour I RafwdVl Story GA (2 spaces) 4 beds / 3 baths 2,558 SqFt 2,5W Fin SqFt None (% Fin) Ml 127259-RP $330,000 3077 AMES St Wheat Ridge, 80214 4 4 Photos Details Ranch/1 Story G,D (1 spaces) 3 beds / 2 baths $300 - 000 Ranch/1 Story 2900 VANCE St G,F (I spaces) Wheat Ridge, 80033 4 beds / 3 baths KENTWOOD CO AT CHERRY CRE Photos Details I 7130 W 30TH Ave Wheat Ridge, 8W33 Photos Ranch/1 Story GA (I spaces) 4 beds / 2 baths NOSTALGIC HOMES $326,000 3150 SAULSBURY 00 i Wheat Ridge, 8 , �)k Photos P $329,000 4102 DEPEW St Denver, 80212 btip://web.mail,comcast.net/zimbralmail?app=mail#2 Tri-Level spaces) 4 beds / 2 baths 887 SqFt 1, 750 Fin SqFt Full (95% Fin) M1171581-RU 2,128 SqFt 3, 101 Fin SqFt Partial (88% Fin) Mi 177203-RU 1, 1 34 SqFt 2,268 Fin SqFt Full (% Fin) M1 169787-RU Ranch/1 Story GA (2 spaces) 3 beds / 3 baths MB TOTAL REALTY 1,620 SqFt 1, 620 Fin SqFt MI 169602-RU XFINITY Connect: Inbox (19) Home TV C'vwlecl Account Shop4'Upgrade r" � � , :"' Email use"* 4% of 10 GO 4/25/13 10:,42 AM 'A? j um Fwd ostk,q Re NOW Got man R00Y Reply to Ail Forward tielo" MW40 Spam print $334,380 Ranch.11 Story 1,692 SqFt sent 3295 DEPEW St GA 0 spaces) 1,692 Fin SqFt Draft (3) Wheat Ridge, 80212 3 buds / 2 baths None ( % Fin) Spam REIMAX ALLIANCE M117 -RU Trash Photos Details Angeta's Family ASME Blue Valley SC 2M CH2M Hill, Alaska $339,900 Tri-Level 2,177 SqFt Hawk Consultants-141t 3655 HARLAN St GAF,O (2 spaces) 2,177 Fin SqFt Pete wearer Wheat Ridge, 80033 3 beds / 3 baths Partial (% Fin) Republican Dek*aft REAL LIVING CO REAL ESTATE M1 158333 -RU RMNP Photos Details Whom PJd" HS clean, $425.000 Raised Ranch 2,900 SqFt 41 Ell, 2930 OTIS Ct G,F (I spaces) 2,900 Fin SqFt 4 Wheat Ridge, $0214 4 beds / 3 baths Full (90% Fin) HIGHLANDS REAL ESTATE GROUP M1174981 -RU 4'* Photos Details A, 4 $300,000 Ranch /1 Story 1,744 SqFt 3510 HARLAN St G,D,O (2 spaces) Z576 Fin SqFt Wheat Ridge, 8W33 5 beds / 2 baths Full (80% Fin) MB BERGH PROPERTIES M1 138763 -RS 3/2212013 , Z# Photos Virtual Tour a Details $317,000 Bi-Level 2,080 SqFt 3505 DEPEW St G,D,O 2, 080 Fin SqFt Wheat Ridge, 80212 4 beds / 2 baths Full (% Fin) Brokers Guild Cherry Creek LTD M1166374 -RS 411712013 Photos Details $317,500 Ranch/1 Story 1,716 SqFt 6771 W 36TH PI GA (2 spaces) 1,806 Fin SqFt Wheat Ridge, 80033 3 beds / 3 baths Full (% Fin) LIVE URBAN REAL ESTATE M1146324 -RS 311212013 Photos r Virtual Tour Details $333,000 Two Story 1,221 SqFt 2946 BENTON St G (2 spaces) 1,981 Fin SqFt Wheat Ridge, 80214 3 beds / 2 baths Partial (100% Fin) PROMOPONS http://web.maii.comcast.net/zimbra/mait?app-mait#2 Page 1 of 1 v. » .� a . . 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