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HomeMy WebLinkAboutWA-13-11City of City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 301235.2857 USEDERM Mr. Garrett Jones 7 Shining Oak Ct. I will Or Actiustinent AfirAOVED your reque for approval of a 1 -foot variance from the 5-foot side yard setback requirement to legitimize an existing garage on property zoned Residential-Two (R-2) and located at 8220 W 40' Ave. I Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Kim Waggoner Administrative Assistant Enclosures: Certificates of Resolution www.ci.wheatrjdge.co.us For the following reasons: t . • . ..... . .... . ti Board of Adjustment Minutes July 25, 2013 11 was jurisdiction to bear the case. Ms, Reckert reviewed the staff report and digital presentation. Having found the application in compliance with a majority of the review criteria, staff gave a recommendation of approval. Board Member HOVLAND confirmed the front yard setback with Ms. Reckert. He inquired about the setback for the garage for the property to the east, Ms. Reck er t stated it meets all the requirements. PI I, I W ii - 7 7r 7 IM'7M , TTW77 maintain that "oar BtLE7 , Stated shy visited the site and in regards to visual intrusion on the neigh fi , ing property, t rmai re tree coverage minimizes the impact of the I -foot encroachant. The con a ions cover all the essential comments from the objections relating to tl garage. ME inqu BM ired about fire separation with building encroachment, 10 ance is anproved Ihi fi I were ne a (leadline to remove the structure and is a demo pen required. Ms, Reckert stated a demo permit would be required. She deferred to the applicant for a demolition time frame. Jill Board of Adjustment Minutes July 25, 2013 5 Board Member HOVLAND asked if the downspouts have been directed out of the drainage area. Ms. Gutierrez stated the gutters are facing north and south into her own proM'rty. Board of Adjustment Minutes July 25, 2013 6 Vice Chair GRIEGO opened the public hearing. 61 Laura Roberts 3939 Brentwood St. Ms. Roberts expressed her dislike about e th�,D y. e, a opert She stated if the d structure is kept the fire protection req ui ts should b "' �an the e access area should be kept clean. The tax payers should n, or any age. drainag Marityn A. Dominic 3950 Carr St. Ms. Dominic asked if anyone complained when the was built. She stated in spite of the mature trees the garage is higher than the n`6 property. ITYr. McGuire asked if a variance could be granted on top of a city owned casement. Mr. McGuire stated there is a pipe that goes from the cul-de-sac on Brentwood to 40 Ave. Ms. Reckert stated that the city staff relies on internal departnents for expertise and advice, Easements are reserved on the front and sides of most residential parcels. nei Board of Adjustment Minutes July 25, 2013 7 Board Member BANGHART asked if the garage was built to code other than the setback. Mr. Sanner stated the fire protection issue would have been addressed. The size is 2cceptable for the zone district. ammm= Garrett Jones 7 Shining Oak Ct., Littleton, CO The garage is built on a monolithic foundation not a slab. The access for the easement is on concrete. Board Member ABBOTT asked if the name of the applicant needs to be changed since Mr. Jones is not the current owner. It was detennined that was not necessary. Upon a motion by Board Member ABBOTT and second by Board Member BELL, the following resolution was stated: WMISM mom am no 1gainst it; and ?WfffJ_ # i 'V%VWV?, II the intent and purpose of the VED. • I I�Z st for approval of a I -foot variance frorn the 5-foot side timize an existing garage on property zoned Residential- reasons: Board of Adjustment Minutes July 25, 201 3 8 With the following conditions: A. Ms. Reckert stated City Council is still looking for alternates for the Board of Adjustment. • Apublic meetingfor 381h Avenue Concept Plan is this evening at the Wheat Ridge Recreation Center. C. Mr. Sanner was introduced as the new Planner I. D. Tim Paranto, Director of Public Works resigned. Scott Blink has accepted the position and will begin on August l2th. Mr. Brink is from the City of St. Louis Park, Minnesota. V��9= Board of Adjustment Minutes July 2 5, 2013 9 State of Colorado, on the 25th day of July 2013. CASE NO: WA-13-11 APPLICANT'S NAME: Garrett Jones LOCATION OF REQUEST: 8220 W. 401h Ave., Wheat Ridge, Colorado WHEREAS, application Case No. A - -11 was not eligible for administrative approval due to objections received; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were three protests registered: against it; and WHEREAS, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. gli IN l��illi�l TYPE OF VARIANCE: Request for approval of a 1 -foot variance from the 5-foot side yard setback requirement to legitimize an existing garage on property zoned Residential-Two (R-2). =is Board of Adiustment cannot a Board of Adjustment Resolution WA-13-11 Page 2 of 2 VOTE: YES: ABBOTT, BANGHART, BELL and HOVLAND NO: GRIEGO ABSENT: GRIFFITH, PAGE and KUNTZ DISPOSITION: Request for approval of a I -foot variance from the 5-foot side yard setback requirement to legitimize an existing garage on property zoned Residential-Two (R-2) was APPROVED. 11 1 i I I MWEMIMI 1011 Kim Waggoner, See ary Board of Adjustment 1 r • • 1 r • s _ � '• • r � WY` � ' .. _ �• , X�t-'Y� ♦�'�l 1. r T Jim Rt 7 ' ^ e � '• • r � WY` � ' .. _ �• , X�t-'Y� ♦�'�l 1. r T Jim Rt e • � r � a r 1 City of Wheat�idge rEll CASE MANAGER: CASE NO. & NAME: ACTION REQUESTED CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment MEETING DATE: July 25, 2013 Wade Sanner WA -13 -11 /Jones Approval of a 1 foot variance from the 5 -foot side yard setback requirement to legitimize an existing garage on property zoned Residential -Two (R -2) and located at 8220 W. 40` Ave. LOCATION OF REQUEST: 8220 W. 40`' Ave. APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: Garrett Jones Garrett Jones 14,334 square feet (0.33 acres) Residential -Two (R -2) PRESENT LAND USE: Single - Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) (X) ZONING ORDINANCE Location Map DIGITAL PRESENTATION Sitc Board gI'Adjustment Case No. WA- 13- 1118220 W. 401h 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 1 -foot (20 %) side yard setback variance from the required 5 -foot side yard setback requirement. The purpose of this variance is to legitimize an existing detached garage located at 8220 W. 40' Ave. (Exhibit 1, Aerial) the garage structure was not constructed by the current property owner, and was built without the required building permits and inspections. 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. Upon receiving public objections within the 10 -day posting period, the Board of Adjustments is empowered to hear and decide upon the variance requests at a public hearing. During the 10 -day posting period staff received 3 objections from adjacent property owners. The case of WA- 13 -11, a 1 -foot side yard variance at 8220 W. 40` Ave., was the turned over to the Board of Adjustments for final determination of a decision. II. CASE ANALYSIS The applicant, Garrett Jones, is requesting a variance as the property owner of 8220 W. 40 Ave. The variance is being requested to legitimize an existing garage already on site built by the previous property owner. The parcel has an area of 14,334 square feet and currently contains a single - family home and detached garage. The detached garage is approximately 865 square feet in size. The property is zoned Residential -Two (R -2), a zoning district which provides for high quality, safe, quiet and stable moderate - density residential neighborhoods. The current land use on the property is a single - family residential home, which is permitted use in the R- 2 zone district. Properties directly adjacent and across 40 Ave are all zoned R -2 (Exhibit 2, Zoning). Table below outlines the Residential -Two District (R -2) development standards as they apply to detached garages. The existing structure meets all standards except minimum setback: Board ofAdjustment Case No. WA -13 -11 1Jones Maximum Minimum Minimum Minimum Type Maximum Building Minimum Minimum Front Side Yard Rear Yard Height Coverage Lot Area Lot Width Yard Setback Setback Setback Accessory 15' 1,000 sf N/A N/A 25' S' 5' if <_ in Building per unit height; 10' if > 10' in height Board ofAdjustment Case No. WA -13 -11 1Jones (Sec. 26-209.B) The current land use on the property is a single-family residential home, which is a permitted use in the R-2 zone district. Properties directly adjacent and across W. 40' Ave are all zoned R-2 Now Z I - The current property owner, Mr. Jones, purchased the property in April 2013 from a public trustee due to the previous owner being foreclosed upon. Unbeknownst to Mr. Jones, there were a number of code violations existing on the property, which had been incurred by a previous property owner. The current property owner began the process of renovating the home in an effort to put the property back on the market to sell. To begin the process of renovating the home, the property owner contacted the Chief Building Official with the city of Wheat Ridge to issue a building permit for renovations, and to ensure that everything in the home was up to code. Staff, in an effort to issue a permit for the building, required a walk through inspection to ensure the property was in compliance. Through the course of the inspection, staff discovered the detached garage was in violation of the city's setback requirement. Staff requested that an IL C be prepared to ensure setback requirements were pro erly met. The ILC revealed that the detached garage was +/- 1 -foot inside the setback requirement Public Notice Responses During the 10 day public posting period 3 adjacent property owners contacted the city in regards to the 5 "R W 50) .040) detached garage . Written comments received are attached: Aqjacent Property 0Kner 1: The property owner at 3939 Brentwood St. (property to the south) owner contacted the city via phone to express concerns about a number of issues with the subject property besides the variance request. The property owner had questions about other improvements on the site but did not object to the garage setback variance. Adjacent Proper4 0ioner 2: The property owner at 3950 Carr St. (property to the west) contacted the city via post mail and raised a number of objections to the variance: Board ofAdjustment Case Alo, TVA-13-1 IlJonav The Chief Building Officer addressed these concerns via email. 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.C.4 of the City Code have been met. The applicant has provided an analysis of the application's compliance with the variance criteria Staff provides the following review and analysis. The proper" 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. The property in question would yield a reasonable return in use. If the accessory structure were not present the primary structure would still continue to operate as a single-family home with covered parking. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality The existing detached garage fits the character and design of the current home with similar material selection and roof pitch. The detached garage does not detract from the overall nature and character of the neighborhood. Staff finds this criterion has been met. Board of,44jusiment Case No, TVA-13-11,/Jones 3. The applicant is proposing a substantial investment in the property with th application, which would not be possible without the variance. I The existing detached garage represents a substantial investment in the property. If the request were denied, the accessory structure would be demolished as it is not in compliance with current setback requirements. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the speci 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. I The size and shape of the property are not irregular; the topography is not unique to specify a particular and unique hardship for the property owner. Staff finds this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Staff finds this criterion has been met. Board qfAd(ustment Case No. JEA-13-111dones Staff has addressed concerns with fire danger by requiting upon granting of the setback variance that the current property owner install a fire retardant wall on the east side of the detached garage closest to the adjacent property. It is unlikely that the request would impair property values in the neighborhood. 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 unusual circumstance and conditions necessitating the variance request are unique to the property due to the previous property owner constructing the garage without a building permit. 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. Accessory structures are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not gpplicable. 9. The application is in substantial compliance with the applicable standards set forth in the A rchitectural and Site Design Manuat The Architectural and Site Desigi Manual does not apply to single-family dwelling units. Staff finds this criterion is not nqt_ applicable. Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a 1 -foot variance from the 5-foot side yard setback requirement. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends approval for the following reasons: 1. The variance would not alter the essential character of the locality. 1 The garage represents a substantial investment in the property. 3. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The garage was illegally constructed by a former owner. 4. The request would not be detrimental to public welfare. Board q1',Aqjusunent Case No, IfA-13-11116nes, 5. The request is consistent with the existing conditions in the surrounding area, as several R -2 properties in the area have primary or accessory structures. With the following conditions: 1. Upon granting of variance request, the property owner will comply with the Notice and Order of Repair issued by the City of Wheat Ridge Building Division and obtains all necessary building permits and inspections. 2. Property owner will comply with accompanying building permits issued by the City of Wheat Ridge Building Division. If the board chooses to deny the setback variance, the building will need to be removed from the property. Board ofAdjustment Case No. TVA -13 -11 /Jones EXHIBIT 1: AERIAL a Board of Adjustment Case No. WA -13 -11 /Jones EXHIBIT 2: ZONING Board orAdjustment Case No. WA -13 -11 /Jones EXHIBIT 3: ILC COLORADO ENGINEERING & NO. 2013 -1455 SURVEYING, INC. JDI INVESTMENTS Surveying Colorado Slnce 1972 www.copls.com 4750 South Santa Fe Circle #8, Englewood, Colorado 80110 SCALE 1' - 25' PHONE: (303) 761 -8055 FAX: (303) 761 -0841 WEST 40TH AVENUE (40' R.O W.) ASPHALT ROADWA`" 131 CONCRETE l CONCPI " L . 1 DRi VEW, 7.2' '^ 165' STORY FRAME ENCE 220 12.0 37 202 .OT 1 DEC". FRAME R GARAGE NOT _ 2J 0' ". NB LOT 2 APPROXIMATE LOCATION /�- Of FENCE PO(A. 1/ 'P OUND POOL APPROXIMATE I.' OF FENCE 100 Subject Garage = LOT 3 LEGAL DESCRIPTION: LOT 2, TEGELER SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO ALSO KNOWN AS: 8220 WEST 40TH AVENUE I� . r Na.aRMr VE All JDi INSTMENTS I A r no. o Iw,a vr• Mar r,prorw,w,l slat Owl Y Mt • V rM. V,a w,lapl,ww,wit b rw,ca. Ww+R, w oaw NNa and I AMw �..ur, u.a e» •.w.o.wnw�r. o, JUNE A . 2 r 013 .. w, rpNM >.w,.rw. rm�r m Nsleeraa. w.a bve Inw. r .e.wn..t aea.rp w e,a+w.M e�r owr s� w�ie owa.l... I rva,w a.ruh OM u,a �seatle.N er w�a.eva.w�r..na.r� nwam a. wwe u,a wooaon w n.wn.,,.,r N ma area vw nm ur ae..,r,..,l sa.. �a na. wr r weM u am Neceiadr ma a wea.o..�r .wa..r,...r k..r Prt wa awa«. Tl.. w.rwra. ,na.. .a..w,ev w nor.a..rar� o— .Paarna+v n r,o rnu..+n.�t..w. Ivuna a1 .el,a, yapwt,. w appvw�l a�a n... .w. 02013 Oars wan an w,drras mr.lorAn e.a.� a<d�oala INN a w 11 Nvmw..w.l. (c✓plt 1 yrMt. ). .e..r p.t - or -wY n... ala. T,r NA�Um wwNM Cdsvb [nylnwrhW • ! �fAW. m wscr� .w osr,�,clW QS N YIM,wIKIT U Maa IMw wM wrnw�L wr. aM.�G M rwcarMa pat Ww >Prrnw � aW Not.O Ter AN, r >rNMM ww r,a rw el M M iNwd Cgylynl - h —II w arA w uw Owr> M IMr� a11,w ww MN M1en W --II a Y.V >.a nm Nw� tA/ Mwlt. w, V�wrN >bN .. ae o.anr.ur, avaaa m u. ow+w naw. .w. a e.e. JUNE S. 1. an N ma v,w 269M X: • S1111V1 Board of Adjustment 10 Case No. WA -13 -11 1Jones yj -a ExHIBIT 4: PUBLIC COMMENTS BE= Case Number WA-13-11 To Whom It May Concern: Sincerely, Marilyn A. Domenick 3950 Carr Street I first reported this to the Wheat Ridge Building Department in February. The pro petty had gorse in to foreclosure and a realtor infornied me about the violations and didnI think it could have been built with a pertnit. I went to the counter and asked if there was a pen issued fbr the garage. I was told there, was not. I infrinned the employee at the counter about the setback violation and that the garage was too close to the house. Her response was "Why didn't you tell us before?" Board (,ifAqjusIiitenI 12 Case No, HIA-13-1 lJories After not hearing anything for several weeks I called and spoke to the same employee and was informed that someone drove by and the garage had been there for several years and there was nothing they could do. The next week there were people over at the house remodeling. There was a dumpster in the driveway and electrical and plumbing vans and lots of materials being taken in to the house. I called the City again. No permit. When still nothing was being done, I called Joyce Jay, my council representative and explained the situation to her. She was able to contact the Chief Building inspector. His initial response was it appeared that the roof overhang was about 4-1/2 feet from the property line and the structure was probably five feet away. All this makes me wonder if anyone from the City had actually been on the property. The last thing I heard from Joyce Jay was that there was an Improvement Location Certificate done on the property and that the garage was shown to be four feet from the property line and they were told to stop work until this was resolved. The ILC also shows the second building as a "shed ". It has a gas line connected to it which is not to code. I believe if Public Service saw the way it was done they would be concerned and so am I. There were still people working on the house as late as today. It's hard for me to believe that the City would even consider granting a Variance for this garage considering all these facts. Sit ely C ' .1 n P. McGuire 8210 W. 40` Avenue Enclosures; 2 pages of photos Copy of the easement Cc; Joyce Jay Wheat Ridge City Council Jerry DiTullio Mayor Ken Johnstone City of Wheat Ridge, Director of Planning City of Wheat Ridge, Director of Public Works Wheat Ridge Fire Chief Board ofAdjustment 13 Case No. IVA -13 -11 1Jones Note: The following images were included with the letter from Mr. McGuire. EXPOSED SLAB Board of Adjustment 14 Case No. WA -13 -I1 /Jones GARAGE FROM MY PROPERTY GAS LINE C:\8220W 40th \v rience letter.docx Board ofAdjustment 15 Case No. WA -13 -11 /Jones Submittal by Mr. McGuire in regards to the drainage easement on the east of 8220 W. 40` Ave. TS�� 7 // N 4.i gCCEPTION 00. 83L07605 !. . DO Project No. PW83 -10 Mz� W 31/08/03 11:45 LN Lvcation i Brentwood RECORDED Y F N bf ATEOFCOLORA PREPLAA![ENT EASLRNT KNOW ALL MEN BY THESE PRESENTS, that Grace 1. Davies r 1255 Olive Street Denver, Colorado of I, a Denver County,State of Colorado, W hereinafter called the grantor for and in consideration Of the sum of M DOLIANS (10.0C), aril other valuable consideration to her in hand paid by the City of o Wheat Ridge, here r'&& ter ca ed 'City' grantees', receipt a= of which is hereby acknowledged, has given and granted and r by these presents does hereby give and grant unto the said grantees, their heirs, successors or assigns a PERPETUAL n LASENENT on, along, over and across the following described premises, to-wits The East five feet of a tract of land recorded in Book 721 pages 518 -S'`"o at Jefferson County as Lot 2, Tegeler Subdivision, said lot being in the Southwest one- quarter of the Southwest one - quarter of Section 23, Township 3 South, lunge 69 Nest. for the purpose of a drainage way for storm water runoff. Subject to the following terms and conditions: And the Grantor(s) hereby convenant(s) with the Grantees that it has good title to the aforedescribed pronisesl that it has good and lawful right to grant this easements that it will warrant and defend the title and quiet possession thereof against the lawful claims of all persona whomsoever. IN WITNESS WHEREOF, ( 1 ) P91C) ha vs/ hereunto set hands(pl this J, / flay of c A ., 1983. Grantor Grantor STATE OF sUCU ) ) SS. . • ....•.....County of OCK aff - ) .. „_••. 14 .0'•. The foregoing instrument was acknowledged before me iiks if 'L_ day of A.D., 1983, by ie o4-c e­ UU_ mess my nano and Ottl.Clal sea Hy commission expires my (gmmission 1.x(efes FeDrmry 6. 1981 Ave. ' • penyeL, CO 80220 Notary Public Board ofAdjustment I h Case No. WA -13 -11 1Jones Board qfAdjustntent Case Mo. TT 4- 13- IR.Tones m Wade Sanner From: John Schumacher Sent: Friday, June 28, 2013 2:57 PM To: Wade Sanner Subject: RE: Message from KMBT MW In response to Mr. McGuire's objections the Building Division submits the following: Concerning Mr, McGuire's list of objections: with the main structure and will also work with him to identify and correct any code deficiencies with the garage pending the outcome of the variance process, Please let me know if there are additional questions or additional information is required, Chief Building Official Office Phone: 303-235-2853 BoarV ( )fA4iustment 18 Ccvve No. fVA- 13-1 LJones EXHIBIT 6: SITE IMAGES Board of A djustment 19 Case No. WA -13 -11 /Jones EXHIBIT 7: LETTER OF REQUEST 6/17/13 To Whom It May Concern: I purchased 8220 W. 40 ave, Wheatridge CO 80033 from the public trustee on 4/26/13. The property was vacant and had been foreclosed on. The property is relatively new but need some minor fix up. 1 began to fix it up, painting the interior, carpeting the home, refinishing the hardwood floors and upgrading the kitchen cabinets and granite. I received a phone call from John Shumacher -chief building official wanting to schedule an appointment to walk the home with me. He said a neighbor had called wondering if one the garages of the home was built with permission. I met with John and he asked me to order an ILC(enclosed) to verify set back requirements. The ILC reveals that the garage is +/- l foot inside the setback requirement and John advised me to apply for a variance which I am now doing. The garage that the original owner built matches exactly the original home and appears to have been built the same time or shortly after the home was finished originally. It has the same roof product, paint, trim, etc. The garage does not impact in any way, views, public welfare or the ability for any neighboring properties to fully develop. Please consider the variance as 1 have no idea how to possibly meet the set back requirement. Thank you. Garrett Jones Board ofAdjuslmenl 20 Case No. WA -13 -11 1Jones Board qfAt#ustment 21 C ase ,Nlo. IVA- 13- 11lJones EXHIBIT 8: BUILDING DIVISION CONDITIONS Note: Theficillowing in the notice and order of repair issued t ty the uny - s Hunaing ijivision cal stipulations required upon granting of the building permit for 8220 W 40"' Ave. C ly of com Y DMLOPMENT City of Wheat Ridge Municipal Building 7$00 W. 20 Ave. Wheat Ridge, CO 80033-8001 P. 303,2351855 F: 301237,8929 M, L Complete variance process and abide by all requirements established during the process to legitimize the most easterly garage under current planning and zoning regulations. j'2" r�ob 2. Contingent upon approval of the setback variance by the Planning Division for the most easterly garage, correct the following deficiencies related to the garage: 3. Replace all existing drywall screws in joist hangers for exterior rear deck with approved case-hardened screws or rialls. 4. Ensure newly Installed electrical disconnect for rest hot tub is included in permit, inspected and compliant with all applicable codes, 5. Ensure newly installed shower enclosure in main Level bath is included in permit, Inspected and compliant with all ap h a codes, 6. Install hard-wired smoke alarms in all steeping rooms, in hallways outside of sleeping rooms and on every level of the hc` e. _ ' 5 7. Install carbon monoxide detectors In all steeping rooms and in hallways within 15 feet of doors outside of all steeping rooms. g 'So 8. Ensure that adequate hot water is supplied as required by code to all plumbing fixtures throughout the structure, 9. Label electrical panel in basement as required by applicable codes. Board qfAdiustment 22 Caw No, TJ1A-13-111Jonev 10. Correct the following deficiencies at the newly installed bar sink area: a. Ensure that all outlets in wet area are of an approved GFCI type and comply with code required location I b. Install an air-admittance valve in accordance with code and manufacturer's Installation instruction on drain for wet bar sink I I. In basement laundry room, correct the following deficiencies: a. Install hammer arrestors on quick-closing valves at washer box b, Install new trim on washer box to create and effective barrier-t. c. Install valves on existing water supply lines for laundry sink it, Compete wiring and outlet installation for 220V dryer outlet e. Install plate on junction box for light on ceiling eten box and wall cavity 3 v 1) 12 In basement Jack and Jill bathroom, correct the following deficiencies: a. Correct ove rflow drain cover to property f it opening in tub and property I u nction as intended b. Provide stopper for tub drain outlet 13, Close off existing basement mechanical room access that opens to bedroom and create new access through existing halt persons or firms conducting work on the property and its'structure shall be licensed in accordance with the City of Wheat Ridge Code of Laws and all work shall be conducted in accordance with applicable laws and rodes. I swearlaffirm under oath that I have read the foregoing Notice and Order of Repair and acknowledge transference of tesn*rsibilltv f+r n* A TO t�4 M= /13 Current Legal Owner/Representative Date Address City, State, Zip Code '4z V New Legal Owner/Representative Date Address oo 3"r City, State, Zip Code Bow-el ofAdju.vtmeni 23 C(I've Xo� TVA-13-1 Wimev City of Wh6at",-ge POSTING CERTIFICATION CASE NO. WA -13 -11 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 07/25/13 (name) residing at '6 o a- o �` + (address) as the applicant for Case No. WA -13 -11 hereby certify that I have posted the Notice of Public Hearing at 8220 W. 40 Ave (location) on this 25th day of July 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: NOTE: This form must be submitted at the public hearing on this case and wt e p 'rrthe — ' applicant's case file at the Community Development Department. MAP �Of Wheatlidge POSTING CERTIFICATION CASE NO. WA -13 -11 DEADLINE FOR WRITTEN COMMENTS: July 1, 2013 I, residing at (name) 8220 W . 40`'' Avenue (address) as the applicant for Case No. WA -13 -11 Public Notice at hereby certify that I have posted the sign for (location) on this 20` day of June, 2013 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 City of V`Iheat j�idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26- 109.D) July 8, 2013 Dear Property Owner: This is to inform you of Case No. WA -13 -11 which is a request for approval of a I -foot variance from the 5 -foot side yard setback requirement to legitimize an existing garage on property zoned Residential -Two (R -2) and located at 8220 W. 40 Avenue. This request will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on July 25, 2013 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and /or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. Planning Division. WA 131 l .doc www.ci.wheatridge.co.us VICINITY MAP Variance request to legitimize existing garage >ite I= ?009 2820 0002 5547 2744 HAYES MIRANDA J 3985 CARR ST WHEAT RIDGE CO 80033 7009 2820 0002 5547 2751 KAISER ANN B LINDSAY BRETT F 3905 BALSAM ST AVERHOFF PATRICIA WHEAT RIDGE CO 80033 4090 CARR ST 7009 2820 0002 5547 2775 WHEAT RIDGE CO 80033 7009 2820 0002 5547 2782 MCCOSBY JUDITH M MCGUIRE JOHN P JOINES LAURA MCGUIRE CLAUDIA E 4020 BRENTWOOD ST 8210 W 40TH AVE WHEAT RIT)OF CO 90011 WHEAT RIDGE CO 80033 7009 2820 0002 5547 2805 ■ 7009 2820 0002 5547 2812 MEYER DENNIS E MICKEL JAMES LEO MEYER LINDA C 3995 BALSAM ST 4075 BRENTWOOD ST WHEAT RIDGE CO 80033 w- I =-- a 4 w1jillssrarolr"PoWil - 7009 2820 0002 5547 2843 JAMES D S ROTHNEY TRUST PO BOX 285 WHEAT RIDGE CO 80034 2820 0002 5547 2768 LOMBARDI KENNETH W 3901 BRENTWOOD ST WHEAT RIDGE CO 80033 2820 0002 5547 2799 MELORAGNO FRANCES J 3895 BALSAM ST WHEAT RIDGE CO 80033 7009 2820 0002 5547 2829 MOHR GAYLE MASCHARI 8350 W 41 ST AVE WHEAT RIDGE CO 80033 7009 2820 0002 5547 2850 f W. WIN 0 BELMITO BETTY JEAN 4065 CARR ST .1 Ir i 7009 2820 000 7009 2820 0002 5547 2874 STEEL JEFFREY ROSS 4035 CARR ST WHEAT RIDGE CO 80033 7009 2820 0002 5547 2980 r OOD ST D CO 80033 ZARLENGO OFELIA E MARLOWE JAMES 4075 CARR ST WHEAT RIDGE CO 80033 7009 2820 0002 5547 3031 SANCHEZ JAVIER G 3920 CARR ST WHEAT RIDGE CO 80033 7009 28 20 0002 5547 2942 unuffmailml BEHIMMINEUM CITY OF WHEAT RIDGE - g -W The full text of this notice is available in electronic form on the City's official website, www.ci.wheatridgq..co.us, Legal Notices, Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, July 8, 2013 100 The following petition shall be heard: Case No. A- 13 -11: An application filed by Garrett Jones for approval of a I -foot variance from the 5-foot side yard setback requirement to legitimize an existing garage on property zoned Residential-Two (R-2) and located at 8220 W. 40 Ave., and legally described as follows: aim Wauoner_ rn CERTIFIED LEFFER NOTICE June 20, 2013 Dear Property Owner: This is to inform you of Case No. WA- 13-11, a request for approval of a 1 -foot variance from the 5-foot side yard setback requirement to legitimize an existing garage on property zoned Residential-Two (R-2) and located at 8220 W. 40" Avenue. The attached site plan identifies the location of the variance request. 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 1, 2013. WA 131 Ldoc www.d.wheatridge.co.us COLORADO ENGINEERIAG R. AAW 1� 0 NASTMENTS AW 1 � AV �w SURVEYING, INC. 2 1h6w &nWrhg cafor0tv, sove 19?2 111"r wwwtopfsxom 4750 Sowth Scntc FO Circle #6. rm9lowood, Colorado 80110 SCALE 1' 25* PHONE� 761— 8055 FAk (303) 761-0641 WEST 40TH AVENUE (41T ROW) -4,1 A'I v4c w SCHREIBER LYDIA MCGU IRE JOHN P ARNOLD CHRIS 4020 CARR ST MCGUIRE CLAUDIA E ARNOLD SHELBY WHEAT RIDGE CO 80033 8210 W 40TH AVE 3990 CARR ST 7005 0390 0003 7953 0683 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7005 0390 0003 7953 0676 7005 0390 0003 7953 0669 BURKE JAMES M ROBERTS TODD 0 DOMENICK MICHAEL A BURKE DANEAN R ROBERTS LAURA L DO SNICK MARILYN A 3575 CHERRY CREEK DR 3939 BRENTWOOD ST 3950 CARR ST NORTH I 100 DFNVFR CO R0709 WHEAT RIDGE CO R00 WHEAT RIDGE CO 80033 7005 0390 0003 7953 0652 7005 0390 0003 7953 06145 7005 0390 0003 7953 0638 ROEMER ROSE 7005 0390 0003 7953 0621 I eat Riche I O 80033-8001 P: 3012351846 F: 303.235,2857 City ofwl t R'd Municipal Building 7500 W� 29" Ave. Wheat Rich ge, C June 20, 2013 Mrs. Laura Roberts 3939 Brentwood Wheat Ridge, CO 80033 This letter is a follow-up to your inquiry regarding lot lines for your property at 3939 Brentwood Street. I looked through our building permit files and was unable to locate a survey that would help you to identify your property line. If you are seeking additional resources, I have included a list of professionals who have also completed work in Wheat Ridge. Please feel free to be in touch with any additional questions. Sincerely, Wade Sanner Planner I www.d.whcatridge.coms Wade Sanner From: John Schumacher Sent: Friday, June 28, 2013 2:57 PM To: Wade Sanner Subject: RE: Message from KMBT-C652DS 'M77 e Iciencies with the main structure and will also work with him to identify and correct any code deficiencies with the garage pending the outcome of the variance process. Please let me know if there are additional questions or additional information is required. Chief Building Official Office Phone: 303-235-2853 City 0( Commvw'y Dmtoemitri From: Wade Sanner Sent: Friday, June 28, 2013 2:16 PM To: John Schumacher v8T r6s,2nFc, Wade Sanner Planner I Office Phone: 303-235-2849 fjr n I a n gT.co.usj Sent: Friday, June 28, 2013 11:4• AM To: Wade Sanner Subject: Message from KMBT—C652DS City of ]��Wh6atP 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 (I Cl ' Codttok LAJAddress 724 qd A -- PhonW� 1-- � 11-12- City State Co Zip!gp , Fax Owner-- City___ Address Phone State Zip___ Fax Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side C3 Change of zone or zone conditions Cl Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit Cl Subdivision: Major (More than 5 lots) Cl Flood Plain Special Exception Cl Site Plan approval 0 emporary Use, Building, Sign I Lot Line Adjustment 0 Concept Plan approval VVariance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: Required information: ME To be filled out by staff. Date Comp Plan ...... Related Case c. MW 22MEM commission expires 2- -. 1 5 - &> 1 - Case Quarter Section Map______,,____ Case Managei�­­­­­__­ Case No, Date Received f 1 Related Cases Case F anner Banner Case DescriptioK request for . ... . ....... . .. . .. . approval of a 1 -foot variance from the 5-foot side yard setback requirement to legitimize an existing garage on property Neighborhood Meeting Date App No C a rd n a " V I ey LILL Name Garrett Jones Name 1 Cardinal Valley 1 Phone 4303) 437-7292 1� Address 8 W, 40th Ave. ------ i coy ��eat Ridge State !`CO Zip bp*v" IIA&-faabi9w 'Review L .......... Name LlGarr et�t J ones i Name [Cardinal Valley mW 1 Phone I Address 8220 W. 40th Ave City 'Wheat Ridge State Zip T 7C p 1�1, RPPL� Name -------- Name Phone '(_30_3)43_772'9_2 Address f ' 8220 W. 40th Ave. city 'Wheat Ridge State Zip ------------ - - ­ -------- J-10iqw 1A&M.N*W REEF i V L k Conditions of Approval Address Street 1W. 40th Ave. i C lWheat R State Zip ! - 8 ,- 0 ,­ 0 , 33 -,-,-,,--_ 2 Location Description . ...... ....... . Project Nam e ----------_ . ... . ....... Parcel No QtrSectian D istrict Na Parcel No. 159 1 District No '11 - 6:� Qtr Section: SW23 3923316045 Ill ............... . .. ......... .... . L �J fle Vkffs CITY fi-IF WEAT R T Pre-App Date Neighborhood Meeting Date App No C a rd n a " V I ey LILL Review Type Review Body Review Date Disposition Comments Report 'Review L .......... L F _P` KAJIMN F T 7C p 1�1, RPPL� Case Disposition ---------- - 1 ]Disposition Date 5 i N T REEF i V L k Conditions of Approval L A 7flf Notes 8 ,8 1 U, L .... ......... . . . .. ... ...... . .... . .... .. .... ..... Status pen Res # J Old # Storage: K 18 3 2 5 C 08 92 L -- P i"WIN T N i 3 FA, D U114H ArVL_ MiX, I— ;A' ;,;7AT RELEIVEI)" IM 6 " ------------- -------- Jit 1EAN - d Du i y I EICEPT MG. F 4J,11,1 NG APPL LUNU F im -- ANri V t 1K 18613 9AL CITY fi-IF WEAT R T d b b C a rd n a " V I ey LILL r, L V'N, Q MIJO _P` KAJIMN F T 7C p 1�1, RPPL� ON 5 i N T REEF i V L k L A 7flf A 8 ,8 1 U, L [ 4V *� 1 = • To: The City of Wheat Ridge Planning Commission Re: Case Number WA -13 -11 To Whom it may Concern, I would like to submit my objection to the variance at 8220 W 40` Avenue for the following reasons; 1. The garage was built without a permit. 2. The structure is on top of the Cities Five foot Drainage Easement. There is a storm sewer pipe that runs from the Brentwood Cul -de -sac through this property to 41 Avenue. If you stand on the manhole in 41 S ` Avenue the structure appears to be very close to the storm drain. I would think your Public Works Department would be concerned about this. I know I am. 3. The garage is less than five feet from the main house. It has neither fire proof plywood on the exterior nor the required 5/8" drywall on the interior walls that is required by code for fire protection. I would think the Fire department would be concerned. 4. The garage is built on a thickened slab, no foundation, and the thickened slab is exposed on the east side because the structure is about two feet higher than the existing ground on my property. 5. There are no gutters on the garage. 6. There is a second structure attached to the garage that has venting in the roof and an underground gas line which is also in the drainage easement and possibly under the structure and not to code. I would think Public Service would be concerned about this. I have no idea what this building is used for but it appears to be the mechanical room for the pool. It is shown on the ILC as a Shed. It was also built without a permit. 7. There is a pergola at the southeast corner of the property attached to the six foot fence. It is about ten feet high and right on the property line. 8. The variance is for one foot. The structure is 3 -1/2 feet from my chain link fence that has been in place for more than twenty years and I believe is on my property. The ILC says it's +/- 4 feet from the property line. I first reported this to the Wheat Ridge Building Department in February. The property had gone in to foreclosure and a realtor informed me about the violations and didn't think it could have been built with a permit. I went to the counter and asked if there was a permit issued for the garage. I was told there was not. I informed the employee at the counter about the setback violation and that the garage was too close to the house. Her response was "Why didn't you tell us before ?" After not hearing anything for several weeks I called and spoke to the same employee and was informed that someone drove by and the garage had been there for several years and there was nothing they could do. The next week there were people over at the house remodeling. There was a dumpster in the driveway and electrical and plumbing vans and lots of materials being taken in to the house. I called the City again. No permit. When still nothing was being done, I called Joyce Jay, my council representative and explained the situation to her. She was able to contact the Chief Building inspector. His initial response was it appeared that the roof overhang was about 4 -1/2 feet from the property line and the structure was probably five feet away. All this makes me wonder if anyone from the City had actually been on the property. The last thing I heard from Joyce Jay was that there was an Improvement Location Certificate done on the property and that the garage was shown to be four feet from the property line and they were told to stop work until this was resolved. The ILC also shows the second building as a "shed ". It has a gas line connected to it which is not to code. I believe if Public Service saw the way it was done they would be concerned and so am I. There were still people working on the house as late as today. It's hard for me to believe that the City would even consider granting a Variance for this garage considering all these facts. 2' . ely G , McGuire 8210 W. 40 Avenue Enclosures; 2 pages of photos Copy of the easement Cc; Joyce Jay Wheat Ridge City Council Jerry DiTullio Mayor Ken Johnstone City of Wheat Ridge, Director of Planning City of Wheat Ridge, Director of Public Works Wheat Ridge Fire Chief EXPOSED SLAB GARAGE FROM MY PROPERTY GAS LINE M r,%JULA UN MNUt LINO C: \8220W 40th \varience letter.docx SCAL City of Wheat Ridge Planning Commission Case Number WA-13-11 July l, 2013 To Whom It May Concern: My understanding is that the former owners were foreclosed upon and the home is now owned by a speculator who is trying to flip the house. When such a speculator buys a property they also buy the problems with the home. This is a problem that should be fixed before the home is resold. I respectfully object to the variance and ask that the illegally built structure be taken down before the home may be =96 s 411 ��SV�l I t Sincerely, Marilyn A. Domenick LO ..• • Z _ �•i co I W = '� O ¢ s � CTl 6 g m LLJ N' z_ I '•.$ aZ ��� O I I ••o•• N Z D I I 5 us H ° e o llggl�l W 00 f .051$ gg s Z co 0 ------------------------------ - - - - -- Z'OZ - - --- w� c -- - -- i d b$ ¢ W3 w �� 0 1 ¢ L- 05 n d O O Q N I 1 O 0 6 �. ¢ z0 w V. 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Chapman, Public Trustee in and for the County of Jeff rson, State of Colorado By: Desiree Peterson, Deputy, for Public "trustee When Recorded Return to: Jefferson County Public Trustee • ? • � � �� rrrtt .Tams