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Home My WebLink AboutWA-13-09City of L Wvh6atl]Z�id V 09 WHEREAS, an application for a variance was submitted for the property located at 9690 W. 36" Avenue referenced as Case No. WA- 13-09 /Rock; 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 3.2' sideyard setback variance from the 15' sideyard setback requirement and a 7.3' front setback variance from the 30' front setback requirement in the Residential-One (R - zone district (Case No. WA - -09 / Rock), is granted for property located at 9690 W. 36"' Avenue, based on the following findings of fact. 6 Date City of � W heat f i e mumTY DEVELOPMENT g CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT To: Community Development Director CASE MANAGER: Meredith Reckert CASE NO. & NAME: WA- 13- 09/Rock DATE: June 17, 2013 ACTION REQUESTED: Approval of a 3.2' side setback variance to the 15' side yard setback and a 7.3' front setback variance from the 30' front yard setback requirement in an R -1 zone district LOCATION: 9660 W. 36th Avenue APPLICANT (S): Martin Rock (contractor) OWNER (S): Kurt Vaag PRESENT ZONING: Residential -One (R -1) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE JURISDICTION: Administrative Review WA- 13- 09/Rock All notification and posting requirements have been met; therefore, an administrative decision may be made on this request. I. REQUEST The applicant is requesting approval of two variance requests for construction of an addition to a single family residence in an R -1 zone district. The specific requests are to allow a 7.3' front yard setback variance from the required 30' front yard setback requirement and a 3.2' side setback variance to the 15' side yard setback in an R -1 zone resulting in a 22.9' front setback and an 11.8' side setback. (Exhibit 1, Letter of Request /Responses to Evaluation Criteria) Section 26 -115.0 (Variances and Waivers) of the Wheat Ridge City Code allows that the Director of Community Development (Director) may grant administrative variances from the strict application of the zoning district development standards. Administrative variances are allowed for up to 50% of the development standard. All other development standards have been met. II. CASE ANALYSIS The applicant, Martin Rock, is requesting the variance as the building contractor for the property owner, Kurt Vaag. The site is located at 9690 W. 36 Avenue, is zoned Residential -One (R -1) and is in the Westhaven Subdivision. Based on Jefferson County records, the subject parcel has an area of 16,988 square feet and currently contains a one -story, single - family home with an attached two -car garage. The existing home was constructed in 1953 and is currently 1600 square feet in size. (Exhibit 2, Aerial Map) The property is surrounded by other parcels zoned R -1 and containing single - family homes. (Exhibit 3, Zoning Map) The street on which the property is located is curvilinear and does not have any curb, gutter and sidewalk. (Exhibit 4, Subdivision plat) While the right -of -way width is 50', the paved portion of the street is roughly 25' in width.. Due to the large amount of unused right -of -way, the house appears to be setback much farther from the front property line than it really is. The existing house is situated somewhat skewed on the lot. (Exhibit S, Property photos) In May 2013, a building permit was issued for a house addition, conversion of the garage into living space and a new attached two -car garage. Because the proposed construction was within 2' of the minimum sideyard setback (east side), a survey was required prior to pouring the foundation footings. Upon surveying, it was discovered that there were two encroachments into the minimum setbacks. (Exhibit 6, ILC) Because of the house placement on the lot, only a portion of the proposed walls encroach. Administrative Review 2 WA- 13- 09/Rock The following table compares the required R- I development standards with the actual and proposed conditions: The following are the required development standards and resultant variance requests for the main structure. R-1 Development Standards. Required Actual Lot Area 12,500 Qnjuare feet (min) 16,988 square feet Lot Width, 100 feet (min) 101 feet Home wlAddition: Required �sed Building Coverage %0 (max) 17.4% Height 35 feet SL�� I I± feet Front Setback (north ) 30 feet (min) 22.8 feet Rear Setback (south) 15 feet (ruin) 61.1 feet Side Setback (west) 15 feet min 2 1.1 feet Side Setback (!�as!) 15 feet (min) 11.8 feet 111. VARIANCE CRITERIA In order to authorize an administrative variance, the Director must determine that the majority of the criteria for review listed in Section 26-115.0.4 of the City Code have been met. 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 single-family residence, regardless of the outcome of the variance request. Staff finds that this criterion has not been met. 2. The variance would not alter the essential character of the locality. Staff finds that this criterion has been met. Administrative, Review 3 WA-13-09/Rock 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. While there are other locations on the property where a garage could be built, they are somewhat impractical. There is a large expanse of backyard area; however, the need for a driveway to the rear would result in most of the front and western side yard to be paved. The location of the garage addition will allow access from the interior of the house. To meet the 15' side setback, the entire addition would have to shift 4' to the west losing interior space. From a practical standpoint, the side yard setback encroachment will not be discernible. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. There are unique conditions related to the lot configuration due to the curvilinear design of the street and unused right-of-way. Because the existing house walls are not parallel to the property lines, the in-line addition encroaches slightly into the side yard setback. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship was created by a person having an interest in the property as the original site information was inaccurate. Staff finds this criterion has not been met, There were no comments received from the neighborhood in response to the variance noticing. Staff finds that 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 unique conditions in the neighborhood include the fact that streets in the Westhaven Subdivision (36 1h and 37' Avenue) are curvilinear and have no curb, gutter and sidewalk. The subdivision plat was approved in 1950 and the home was built in 1953; both prior to the incorporation of the City. It should also be noted that the curvilinear streets, rolling topography, and abundance of mature trees make this neighborhood unique in Wheat Ridge and may help to minimize the impact of the setback encroachment. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family dwellings are not subject to accessibility requirements. Administrative Review 5 WA- 13 -09 /Rock Staff finds that this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual Single family dwellings are not subject to the requirements of the ASDM. This criterion is not applicable. Having found the application in compliance with the majority of the review criteria, staff recommends approval of the variance request. Staff has found that there are unique circumstances attributed to this request due to the lot configuration, the large amount of unused right -of-way and the way in which the house was situated on the lot. Therefore, staff recommends APPROVAL for the following reasons: Administrative Review 6 WA-13-09/Rock City of Wheat Ridge Planning and Development: l am requesting a sariante for property at 9690 W, 3e Ave, The site plan I submitted with my permit application was not accurate, I originally laid out the foundation per dimensorns; on It C supplied to me by Lange Land Survey, After fort ,r review r was concerned apron toe sy corner or tne new atrosonn ano the NF corner of the rww garage, I had the sufVaV crew come out on 5/22/13 and locate the property corners and also the corners of my footing forms, The new dimensions as shown on my JLC have, the SE Corner of the new addition being 12'4' from the property line and the NE corner of the garage being 23I i" trom the front property line and the NW comer of the garage would be 28' 10' front the property line. The edge of the asphalt on 30 Ave. is 3V from the nearest point Of the new garage. The original house was built askew to the C and W, property lines causing the new addition ,and garago, Corners to be m the setback. The portions of the building that would be encroaching would he small triangles that t will show on the KC I am suer loins with this letter. Ilse actual location of 3V" Ave. is also far eriough from the building that it would be 39* frorn the street and the way the garage entrance is set up we would enter from the west side as welL Exhibit I — letter of request Administrative Review A -13 -09 /Rack Exhibit 2 - zoning map Administrative Review WA -13 -09 /Rock Site Exhibit 3 — aerial photo Administrative Review WA- 13- 09/Rock W 4' vJ z 1 � 5W 22 Exhibit 4 — subdivision Administrative Review WA- I 3-09/Rock View west on 36` Avenue — subject property is on the left side of the image _ �7E Looking south toward property and new garage location Administrative Review WA- 13- 09/Rock View of front of property Exhibit 5 — Site photos Administrative Review ; WA- 13- 09/Rock �A4 !Lane (/ Land SurVeyS r.rtan rN 1 (120 o: 1"—' � ()XQ lot -f1Y LOT 1[ eI OCA I 1010.19' t I -FOUND I PIPE LCT 7 t °FMt(lPlNiv LPA BLOCH 3 j i (B)- Dl60[N H TO S uLbmc; (r)- QBLEHS'0% TO FO WS I B R" -RgGTT OF MAY LC' N I Ei_O:v. 3 b let.n a` ~ i OT f. Setback ^" BLOC-( .1 13 f_ {B � Ji -i b 1� L encroachments P9E90 Ie B ` ;B7 G 2 STORY in red 9 FRAWL ., T - •a �, Minimum setbacks LL10 1.J' R: 11 WEST 36TH `�5C can way; L EGAL DESCRIPTION A I C' I 7, SLOOC 3 L, x S A COU OF JEFFERSON. STATE OF COLORADO SCU.E 1 - .30' U r.Nadi SIAL I -119 SASM wON INW& a none W ROAha .An .AV COW"TY FMEL . arobeaW 5 L. UFFCI{Ir Lull AAW MN MI vr Aa% SJDN90v IS . ?W 'r "Ca M .1 AIEAS OflERWftM TO BE OUTW 74 0 M AAMIr CHAIW,] CLOW *LAM "on, MS CLOWWAR WAS rRV'MRL 0IIrIU1 h4 KOW'I Q A DAM iR%[ COl.nf00 }{ RC01MV MOIMANk R%701 7 WL1t.RSD "MON. 1!. TIE RSMT O W4AR71 MWOMMM BT lFM'2 vAlC 7� /K_TY YC n K.I 1 4CLWwl COAr OI CONMa K IMPROVEMENT LOCATION CERTIFICATE (FOUNDATION ONLY) f 1 11 n w WWI A s~, L., m . rwo4j."i u * , "'A" - o "'t " d ' cm tnasnn K �.. °RSSrF r00 ML EKIAILYDO PA1 Of FEArt BUIDIK. OR WWR N7LrR NMOWEhlPI L11.: i 37908 1 rLOPLO CMIVI T-AT 71'E m0ft'OO•R Or M AWl BfSCMLO rM3L aN n1z MAY ZL 101] f*XPI 07 7T LOWCTC -S, ML [M1MCL7 'RIIM IF( R}.a]A�1 0 TR. wn $tµP i iP G.AI'l. rRQpT AS WWW. TMT TW W ARE NC fN 040R[NTf U.M W Orwmew TMUt43 BY BT IIIrRC.7A" $ M My *D"RC P"MUIL L M-Pl U RIIOCAITD, 40 TORT WIf S AIG QArf ArvA T oaw*a a 9GN a My tAy 1c (" LNI C*Qr N.MmNc 417 VM d SW T F i ` ��'b.N'.• r MCV- fROeD7 AS *0TZ Administrative Review WA -13 -09 /Rock Exhibit 6 - ILC fill City of Wh6at p4ig POSTING CERTIFICATION CASE NO. ' 1 - ' DEADLINE FOR WRITTEN COMMENTS: _ .. � ( , � ; "� , _:i I, A py�in Rock acre d Ar [-<w VcA" ( me. e)P qH0 W. 3kLh A ve. (n a rn e) residing at S+ Laka, ad , co Q 0 zz-p address) as the applicant for Case No. P. ,hereby certify that I have posted the sign for Public Notice at (location) on this day of �;, , 20 13 , 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: /&C� NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. wk- i3-oq MCGAFFIN MICHAEL L 9655 W. 36 AVE. WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7336 WHISENAND MARILYN S 9660 W. 36 AVE. WHEAT RIDGE, CO 80033 7009 2820 000 5547 7343 WARING SUE P LIFE ESTATE 9655 W. 35 AVE. WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7350 KOSMICKI JOHN JR 9715 W. 36 AVE. WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7367 WEBER ANDREA L HEBEL KYLE R 9720 W. 36 AVE WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7374 GAZDIEWICH MICHAEL J 9715 W. 35 AVE. WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7381 RICE CHRISTOPHER RICE JULIE 9685 W. 36 AVE. WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7398 VAAG HENRY O VAAG MILDRED E 9690 W. 36 AVE. WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7404 TAYLOR ANNA 9685 W. 35 AVE. WHEAT RIDGE, CO 80033 7009 2820 0002 5547 7411 MAY2 q V13 9 y s Sl = I 3R - oy X19775 1 09745 09715 09685 5"rel rttM I( Cl-,A lAA .'09655 AAC�6 Xk 09715 09655 09625 LU 0 z ui 0 z ui a- z 09720 09690) - 09669p ACA 09715 09655 09625 LU 0 z ui 0 z ui a- z Kurt Vaag 9690 W. 36` Avenue Wheat Ridge, CO 80033 303.551.4892 I authorize Martin Rock of CWC Construction to be my agent in applying for a variance for garage and addition construction project at 9690 W. 36` Avenue in Wheat Ridge. Kurt G. Vaag � 7 /73/'z;; 1 3 A? Lange Land Surveys 9572 W. 58TH AVE. ARVADA. CO 80002 P:(720) 242 -9732 F:(720) 242 -9654 Y UI SI W� N I (F) LOT 12 BLOCK 3 10 0.49' s j �� - m LOT 7 n BLOCK 3 D I F( • =FOUND 1" PIPE R= PROPERTY LINE (B)= DIMENSION TO BUILDING (F)= DIMENSION TO FORMS ROW =RIGHT OF WAY LOT 8 BLOCK 3 F I ONLY LOT 6 ; ^ BLOCK 3 15.4'(8) 37.2 ° o 25.6' 25.6' #9690 'O 18.0 ' ilx(B) 0 2 STORY N FRAME o c 44.7' in FORMS "' a o ONLY o I� V m 20.5 I N a TVi h L _ - 1 01.3' A'= 1 17,5' W EST 36TH (SO' ROW) x SCRIPTION LOT 7, BLOCK 3 WESTHAVEN, COUNTY OF JEFFERSON, STATE OF COLORADO. BASED UPON REVIEW OF FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 08059CO215 E, EFFECTIVE DATE JUNE 17TH, 2003, WESTHAVEN SUBDIVISION IS IN ZONE X' WHICH IS IN AREAS DETERMINED TO BE OUTSIDE THE 0.276 ANNUAL CHANCE FL000 PLAIN. NOTE: THIS CERTIFICATE WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT, THE RECORDED INFORMATION, WHICH IS REFERENCED HEREON, IS THE RESULT OF RESEARCH PERFORMED BY LANGE LAND SURVEYS AND IS NOT NECESSARILY COMPLETE OR CONCLUSIVE. IMPROVEMENT LOCATION CERTIFICATE (FOUNDATION ONLY) I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR CWC CONSTRUCTION, THAT IT IS NOT A SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, STAMP MAY 22, 2013. EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNOARIES OF MIS BY PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO DATE APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. 0 15 30 SCALE: 1"=30' 1038-419 37908 LAN Thank you for your consideration in this matter. Martin Rock Property appraisal system Property s ... Information Previous 3 OF 48 Next Page I of l GENERAL INFORMATION Schedule: 049695 Parcel ID: 39- 272 -13 -003 Print Help Status: Active Property Type: Residential Property Address: 09690 W 36TH AVE Owner Name(s) WHEAT RIDGE CO 80033 5709 VAAG HENRY O Mailing Address: SAME ADDRESS AS PROPERTY VAAG MILDRED E Neighborhood: 2406 - BEL AIRE,HILLCREST HEIGHTS, MELROSE MANOR AREA PROPERTY DESCRIPTION Subdivision Name: 823800 - WESTHAVEN Block Lot lKey Section Township lRange QuarterSection Land Sqft 003 10007 1 127 13 169 143 16988 1 16988 Average Total 260 Assessor Parcel Maps Associated with Schedule pmap39-272.pdf PROPERTYINVENTORY Graphic Parcel Mao MapOUest Location Property Type RESID Design: Ranch Item Quality No. FULL BATH Average 1 MAIN FIREPLCE Average 1 MAIN BEDROOM TBA 3 Year Built: 1953 Improvement Number: 1 Adjusted Year Built: 1953 Areas Quality Construction Sgft FIRST FLOOR Average M 1121 ENCLOSD PORCH Low TBA 99 COVERED PORCH Average 143 ATTACH GARAGE Average M 260 SALE HISTORY Sale Date Isale Amount IDeed Type Reception TAX INFO RMATION 2013 Payable 2014 20 Actual Value Total 194,660 County Assessed Value Total 15,495 2012 Payable 2013 TBA Actual Value Total 193,040 TBA Assessed Value Total 15,366 Treasurer Information View Mill Levy Detail For Year 20 2013 Mill Levy Information Tax District 3141 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE &FLOOD CONT DIST TBA URBAN DRAINAGE &FLOOD C SO.PLAT TBA WHEATRIDGE FIRE DIST. TBA WESTRIDGE SAN. DIST. TBA Total TBA 13 2012, http:// ieffco .us /ats /displaygeneral.do ?sch= 049695 &offset =2 6/19/2013 City Of Wheat) e LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue • Wheat Ridge, CO 80033 • Phone (303) 235 -2846 (Please print or type all information) Applicant 1 Ie"t, F'-a' Address 5, bmca,t.� 6kg- 70" 0 7 P - 1 ,4 - 10 -9 City .eym(er O Planned Building Group State CO Zip 9D 20� Fax Owne V `/ v rfi v ac" c" Address — 9 ti I (9 R Y�c (d Phon dW - 3- LI1�'► -q e Z City Ae snaAv,� State C dip Fax Contact Moore th R oc'l" Address a , fs�W w � lu Phone 3t?3 - �7 0 City ne ; w e State C o Zi 6 Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) L ocation of request (address): 01 (p q D (k) Y o`t— 1 e, � Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side O Change of zone or zone conditions O Special Use Permit O Consolidation Plat O Conditional Use Permit O Flood Plain Special Exception O Site Plan approval O Lot Line Adjustment O Concept Plan approval O Planned Building Group O Right of Way Vacation Detailed description of request: O Subdivision: Minor (5 lots or less) O Subdivision: Major (More than 5 lots) O Temporary Use, Building, Sign O Variance/Waiver (from Section } O Other: Required information: Assessors Parcel Number: Size of Lot (acres or square footage): j U OCR Current Zoning: _ ( Proposed Zoning: �— Current Use: Proposed Use: I certify that and that i2d must . V- - - -. -e of Applicant_ � ►G " - 66Jd� Subscribed and sworn to me this 21� day of /,' '�_�., , 20 ' 1' Notary Public My commission expires To be filled out by staff: and exhibits herewith submitted are true and correct to the best of my knowledge tion, I am acting with the knowledge and consent of those persons listed above, uested action cannot lawfully be accomplished. Applicants other than owners fro) i thSowner which approved of this action on his behalf. Date received Fee $ Receipt No. Case No. Comp Plan Desig. Zoning Quarter Section Map Related Case No. Pre -App Mtg. Date Case Manager Case No. WA1309 Date Received 5/24/2013 Related Cases Case Planner Case DescriptiorA request for approval of a 4 -foot side yard setback variance from the 15 -foot side yard setback requirement and an 8 -foot front yard setback from the 30 -foot requirement for a house addition Name Martin Rock Name Address 3035 Broadway, Suite 200 -102 City Denver lTwbtmr /nf�rn®afirnr Name •Kurt Vaag Name Address [ 9-410 Ridge Rd City Arvada COWOCIIA059 81/JbYl• Name Martin Rock Name PYrorre 11303) 0.93115 Address 303 S. Broadway, Suite 200 -102 Py Denver State P�] Zip i lM - Ph�yi�cr /n�nat�rr Address 9690 Street "thAve. City WWatRk — be State 4 M Location Description -- �� - - -- Project Name Parcel No Qtr Section Distirict No Parcel No. 39.272.13.003 I Qtr Section NW27 Disaict No.: 3927213003 NW27 3 L -- - Her�srs Pre -App Date Neighborhood Meeting Date App No: Review Type Review Body Review Date Disposition Comments Report Review U Admin U o� Case Disposition Disposition Date Conditions of Approval Res # Ord # Notes CITY OF WHEAT RIDGE 05/24/13 8:13 AM cdba Martin Rock RECEIPT AMOUNT APPLICATION F zone 200.00 PAYMENT RECEIVED CK 1805 AMOUNT TOTAL 200.00 ------ -------------------- -- ---- 200 Phone (303) 870 -9315 State CO Zip 60209- Phone [303) 467 -9029 State CO Zip i