HomeMy WebLinkAboutWA-93-10me cuy or
~Whe at ADMINISTRATIVE PROCESS APPLICATION
~ ~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Tamec x Quinn Address 10785 W. 35th P1 Phone 424-8911
Owner James R. & Betty June Quinn Address 10785 W. 35th Pl. Phone 424-8911
Location of request 10785-West 35th Place, Wheat Ridge CO 80033-5559
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
^ Change of zone or zone conditions 8 Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
B Final Solid waste landfill/
^ ** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
De ailed Descri tion of re uest Reouest setback waiver for build
on this site. ,
p.... ., q ..<..,.-.. ~, ~.. ,. < ~. _,,.m.: , :. ing of new garage
List all persons and companies-who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS
PHONE
es R. & Bett _June_ u_inn_ ~OI85,[Ze~t,~Sth.P1. W}~eaY Ride C0 ;424-8911
CommerciaLEede_ral M0~•tgage Corte W. 4th Ave.- a swort 422 8044
I certify that the information and exhibits herewith submitted are true and
correct to_the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this actin on his beh~f.
Signature of Applicant ~~ - ~_
Subscribed and sworn his day of 'y/ - i 9 -Q 3 - _ ~ _- -
.. --
_ __ 9 , : -•
ary lic ,- - .
SEAL
My commission expires 9-3O•~9S
liaLe xecei.ved (~- jt}-~~ ~ Receipt., No.,~~(~ '2, Case No.
CRTTERIA AND FINDINGS OF FACT
10785 West 35th Place
Wheat Ridge CO
This residence was built in 1955. Occupancy was in January, 1956. An cffice
and business has been conducted in this residence since it was built.
On one of the five times this residence was modified since construction, the
oversized one-car garage was mod~ed to include additional office space due to the
growing business.
The present owners are of retirement age. The business is still operating. The
desire is to make the business available to the children of the owners at some date in
the future. To do so, a garage will make the residence more saleable. A two-caz
garage will more readily conform with other residences in this neighborhood.
u
This neighborhood is completely built, and has been for many years. The
streets are of asphalt. There are no curbs nor gutters.
Traffic in this neighborhood is from within. The only outlets are to Nelson
Street on the east and to West 35th Avenue by way of Owens Street on the west.
Several years ago, the potential outlet on Owens to the north was denied by the
County and the land deeded to the adjacent landowners on the corner of Owens and
West 36th Avenue.
The character of the neighborhood is fixed.
Due to the existing nature of this neighborhood, the set back of buildings
appears to be greater than that prescribed by Regulation. For example, the fence along
Owens Street on the west of subject property lies fourteen feet (14') from the edge of
the asphalt. This fence lies six inches (6") within the property line on the west.
Therefore; to build a garage within Regulations would call for a driveway of
forty four feet (44') -the thirty-foot setback plus the fourteen feet from the street
edge.
When we took the garage for office space, we added off-street pazking off
West 35th Place and off Owens. We can park up to eight automobiles safely off ooth
streets.
Adding a gazage will make this property conform to the general character of
the neighborhood. As stated eazlier, a two-caz garage will also be the "norm" for the
area. New construction in west Wheat Ridge almost always contains athree-car
garage -oversized at that.
Presently, outside of the winter clearing of snow -and an occasional digging
out from deep drifting -the lack of a gazage poses no undue hardship upon the present
owners. The age of the owners - 66 and 70 does introduce a physical hazdship for
snow removal.
Addition of a garage on this premises would add a value to the sale of the
property in the future. The cost differential advantage will approximate what it will
cost to erect the garage as designed. As a result, there will be no financial advantage
• to the present owners.
From a physical standpoint, the property along Owens Street has a vertical
differential of approximately 20-plus feet from West 35th Place to West 36th Avenue.
A look at the accompanying photographs will show there will be no visual impairment
to any of the property owners in this neighborhood. The ground-level photograph
taken from the intersection of West 35th Place and Owens indicates the new gazage
will be almost indistinguishable with its 3:12 pitch roof (to match the residence).
Even its proposed location from just within the property line will neither impede nor
hamper the view of the street for motorists traveling on Owens. Being located on the
west side of the residence will also not impair the view for neighbors along West 35th
Place. Residences along West 36th Place have no view upward (toward the south) so
the placement will have no appreciable effect on their locations.
i
The placement of the garage on the present site of the lower driveway will
mean most of the south wall will be adjacent to the hill -which was cut out to provide
the driveway -and be obscured from traffic at the intersection of Owens and 35th
Place.
The location of the drive into the garage will not interfere with the driveway to
the west (3520 Owens -owner Bob Scott). Driving in and out of this driveway has
been accomplished without incident for many years with the Scott residence driveway.
Addition of this garage will not alter any supply of,light or air to any of the
present buildings - or to any in the neighborhood.
Property values should not be altered by this addition. There already exists one
garage -that on the northwest corner of West 36th Avenue and Nelson Street -which
lies closer to the street than the proposed garage here. Because of the particular
topography of this lot, the addition of a garage as proposed will not appear to be out
of character with the total neighborhood. Also, because of the fact that traffic along
Owens Street is almost entirely local, no further congestion will be caused by this new
addition.
i.
_ GILLAN'S ENGINEERING, INC.
~~ 5126 W. 38th AVE. DENVER, CO 80212 30314800471
IMPROVEMENT LOCATION CERTIFICATE
Addrezznz 10785 N 35TH PL
Buyerz OUIHHlJAHES
Title ue®rah bys CHICHAGO TITLE INSURANCE CO
Corlssnitment no. s 6025217HH
Legal Doaoriptionz ,~^~r~s~ irG %'
Lott 7, Hlookz 9, ~~,ai q ~.r ~:#~w'~,•'i~ e.D b..+`a~..s 4~~~'
ROLLING HILLS SUBDIVISION
County of JEFFERSON
Strata oS COLORADO.
CASFx\cnl
EntLRUtAL1>MEN'T
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IT IS HEREBY CERTIFIED THAT 7HE I x r 3
ABOVE DESGIIBED PROPERTY KMT I '' ~
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LOCATED WITHIN A 100 YEAR FLOOD
HAZARD BOUNDARY INACCORDANC Iv
WITH THE CURRENT HUD FEDERAL ~~~~
ADMIN. FLOOD HAZARD BOUNGARY I,;~i
MAPS DATED Z - `i' f
MAP No, a95o-~a a-zx-c- _ --
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'j I hereby certify thai this improvement location certificate was prepared for
COMMERCIAL FEDERAL MORTGAGE CORP. AND CHICHAGO TITLE INt3N1pAHQSt aIIO:nd
Survey Plat or Improvement Survey Plat, and that it is not to be relied upon for the establishment of Cencc,
~ building, or other future improvement lines. I funkier certify that the improvements on the above described parcel
~! on thisdnte, except utilityconnections andfences, are entirely within the bowrdarics o(the exceptazshown,
thatthcreare no encroachments upon the described premises by improvements ona j~fpg8 'ses, except
as indicated,and that there is no apparent evidence orsign ofany casementcrossi uE$eti~t>~a tofsaid
parcel, except as noted. q ,~ ((~:9F
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Jots No. z 1074-89 ~
Fee z ! 60. 00 ,P ; ~,~,
DATE
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E%ISTINC UNELLING
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EXISTING
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21.1'
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94.25'
EXISTING PROPERTY LINE k FENCE
EXITING 5' EASEMENT
31.0'
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E%ISTINC METAL BDILDINC '
(10' x 6.5') I ~
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EXISTING PATIO k DECK AB04E
r~'~/~ PROPOSED GARAGE ~;~ ~ j
(CENTER 04ER EXISTING DRIVEWAY) " o
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ES ISTINC PAYED DRIVEWAY '" `V
(13.5' x 19')
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E%ISTINC PROPERTY LINE _ _ _ L.. _~1___~:~_
_~-.._-.,m-~.,--------- ~ 5th PLAC ~ ----s-'--'-----"-_. _ _
WEST 3 E 79.25' - 3~8"
DEED OF TRUST
„ „
THIS DEED OFTRU,SJT~Sec~rityInstrument )' madeo July
.......
I9..89..., on the antor,...a.es Quinn and etty .)rune t~uirin;"'
husban~angd w~e ('. orrower"):the Public Trustee of
............................................................................ B
County ("Trustee"), d thhe beneficia
Commercial Federal Mortea~e Coroor'ati'n'ri""""
under [he Iaws of
and whose address is
which is organized and existing
.ii~.u...~uua.x..l./.AUt..RI.A CCJ..,...wla0.lifA,...lY.k.....0.{lA.G.:f ............................................................................... (uLender").
Borrower owes Lender the principal sum of ......DISDLETY...TWA..~H.OUSAND...ONE..HLLND&ED .............................................
..anti..OA(.1L10 ......................................... Dollars (II.S. 5......92.,1.QO.AO.......). This debt is evidenced by Borrower's note
dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not
paid earlier, due and payable on .........Aztgtt SC.....le...2p.1.9 .......................................................... This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modiRcations; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and
conveys to Trustee, in trust, with power of sale, the following described property located in ..................................................
.....................................................:L2. f ~.~ 5,9.AS1....County. Colorado:
LOT 7, BLOCK 4,
ROLLING HILLS SUBDIVISION,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
•
which has the address of.........10785„W.,,35th.Place ,,.Wheat Ridge,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
' [Streetl Icityl
Colorado ........$0033 ,,,,,,,,,,,, ("property Address");
.................
[Zlp Code?
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stack and all fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
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~.
COLORADO-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3006 12/83
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on July 22, 1993, at 7:30 P.M.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit
written comments. The following petitions shall be heard:
1. Case No. WA-93-9: An application by Joy Leon Mengel for
approval of a 2.5' variance to the required 15' side yard
setback and a variance to allow building coverage to increase
Prom the maximum allowed 25% to 30.3% on property zoned
Agricultural-One. Said property is located at 4350 Xenon
Street and is legally described as follows:
County of Jefferson and State of Colorado, to wit: Beginning
at a point on the center line of West 44th Avenue whence a
point established by County survey as the intersection of
the North and South center line of Section 20, Township 3
South, Range 69 West of the 6th P.M., and the center of West
44th Avenue bears North 89050' East 421.4 feet, thence South
0032' East 317.94 feet which is true point of beginning, and
the Northeast corner of the tract herein to be described
running thence from said point South 0032' East 44 feet,
thence South 89025' West 96 feet, thence North 0032' West 44
feet, thence North 89025' East 96 feet, thence North 0032'
West 44 feet, thence North 89025' East 96 feet to point of
beginning.
2. Case No. WA-93-10: An application by James R. Quinn for
approval of a 23' variance to the required 30' front yard
setback for property zoned Residential-Two. Said property is
located at 10785 W. 35th Place and is legally described as
follows:
Lot 7, Block 4, Rolling Hills Subdivision
County of Jefferson, State o£ Colorado
P.O. BOX 638 TELEPHONE: 303/237-6944 TI7e City Of
X500 WEST 29TH AVENUE .WHEAT. RIDGE, COLORADO 80034 cWheat
Ridge
July 7, 1993
This is to inform you that Case No
WA-93-10
which is a
request for approval of a 23' variance to the required 30' side yard
setback
for property located at 10785 W. 35th Place
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:30 P.M. on July 22, 1993 '
All owners and/or their legal counsel ,of the parcel under
consideration must be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments.
It shall be the applicant`s responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
"The Carnation. City"
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
T0: BOARD OF ADJUSTMENT Date Prepared: July 15, 1993
Date of Meeting: July 22, 1993 Case Manager: Greg Mober~~
Case No. & Name: WA-93-10/QUINN
Action Requested: Approval of a 23 foot variance to the required
30 side yard setback.
Location of Request: 10785 W. 35th Place
Name & Address of Applicant(s): James R. Quinn
10785 W. 35th Place
Wheat Ridge, CO 80033
Name & Address o£ Owner(s): Same
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Approximate Area: 11,781 square feet
Present Zoning: Residential-Two
Present Land Use: Single-family residence
Surrounding Zoning: N, S, W & E: Residential-Two
Surrounding Land Use: N, ~, E & W: Single-family residences,
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Date Published:
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July 7, 1993
Date to be Posted: July 8, 1993
Date Legal Notices Sent: July 8, 1993
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ENTER INTO RECORD:
( ) Comprehensive Plan
(XX) Zoning Ordinance
(XX) Case File & Packet Materials
(XX) Exhibits-
( ) Subdivision Regulations (XX) Other
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The property is within the City of Wheat Ridge, and all
notification and posting requirements have been met, therefore-
there is jurisdiction to hear this case.
BOARD OF ADJUSTMENT STAFF REPORT
CASE N0. WA-93-10
Page 2
REQUEST
The applicant is requesting approval
required 30 foot-side yard setback to
detached garage.
of a 23 foot variance to the
allow the construction of a
SITE
The property is approximately 11,780 square feet in area and
contains a 1,900 square foot single family dwelling. A garage is
located within the dwelling but the applicant has converted it
for a home occupation. The applicant would like to add a 20' by
20' detached garage to be located on the existing drive on the
west side of the property facing Owens Street. The resulting
setback would be 7 feet thus requiring a variance of 23 feet.-
FINDINGS OF FACT
No variance shall be granted unless the Board of Adjustment
finds, based on evidence that:
1. Can the property in question yield a reasonable return in
use, service or income if permitted to be used only under
the conditions allowed by the regulations for the district
in which it is located.
Because the property has an existing residential use and
denial of this request will not obstruct the continuation of
the use, the property can yield a reasonable return, and
will continue to if permitted to be used under the
conditions allowed by the Residential-Two regulations; and
2. Is the plight of the owner due to unique circumstances.
There are no unique circumstances as many properties within
the City have no curb, gutter or sidewalk, therefore this
request is a matter of convenience; and
3. If the variation were granted, would it alter the essential
character of the locality.
The granting of this variance would alter the essential
character of the local neighborhood as there are no other
setback encroachments within the 30 foot requirement; and
4. Would the particular physical surroundings, shape or
topographical condition of the specific property involved
result in a particular hardship upon the owner as
distinguished from a mere inconvenience, if the strict
letter of the regulations were carried out.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-10
Page 3
There .are no particular physical surroundings, shape or
topographical condition that result in a particular hardship
upon the owner if the strict letter of the regulations were
carried out; and
5. Would the conditions upon which the petition for a variation
is based be applicable, generally, to the other property
within the same zoning classification.
Conditions upon which this petition for a variance is based
is applicable to other property within the same zoning
classification; and
6. Is the purpose of the variation based exclusively upon a
desire to make more money out of the property.
The purpose of this variance is not based exclusively upon
the desire to make money; and
7. The alleged difficulty or hardship has not been created by
any person presently having an interest in the property;
The difficulty or hardship has been created by the applicant
as the garage was converted by him; and
8. Would the granting o£ the variation be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located.
The granting of this variance would not be detrimental or
injurious to property or improvements within the
neighborhood; and
9. Would the proposed variation not impair the adequate supply
of light and air to adjacent property or substantially
increase the congestion in the public streets or increase
the danger of fire or endanger the public safety and
substantially diminish or impair property values within the
neighborhood.
The granting of this variance would not impair the adequate
supply of light or air to adjacent properties nor increase
traffic congestion or endanger public safety.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-10
CONCLUSIONS & RECOMMENDATIONS
Page 4
Based on the preceding 'Findings of Fact', -staff has reached the
following conclusions:
1. Because the property has an existing residential use and
denial of this request will not obstruct the continuation of
the use, the property can yield a reasonable return, and
will continue to if permitted to be used under the
conditions allowed by the Residential-Two regulations; and
2. There are no unique circumstances as many properties within
the City have no curb, gutter or sidewalk, therefore this
request is a matter of convenience; and
3. The granting of this variance would alter the essential
character of the local neighborhood as there are no other
setback encroachments within the 30 foot requirement; and
4. There are no particular physical surroundings, shape or
topographical condition that result in a particular hardship
upon the owner if the strict letter of the regulations were
carried out; and
5. Conditions upon which this petition for a variance is based
is applicable to other property within the same zoning
classification; and
6. The difficulty or hardship has been created by the applicant
as the garage was converted by him;.and
Based on the conclusions derived from the preceding, staff would
recommend that Case No. WA-93-10 be DENIED.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: July 22, 1993
Page 3
Board Member DOOLEY added it would also keep from disrupting
the one wall of the house by adding the entrance on the
side.
Chairman HOWARD said this property is in the Zone B flood.
plain, and Mr. Moberg answered yes, however being it is not
in the 100-year flood plain no rules or regulations have to
be taken into consideration.
No further questions were asked.
Motion was made by Board Member ABBOTT, that Case No. WA-93-
9, an application by Joy Leon Mengel, be APPROVED for the
following reasons:
1. There is an unique circumstance as-the property is much
smaller than the surrounding properties and most of the
residential properties in the City.
2. The granting of this request will not alter the existing
character of the neighborhood.
3. The size of the existing house is 768 square feet and
does create a hardship as a residency.
4. The portion of the addition on the north side creates
the need for the setback variance and maximum square
foot variance because it is the only practical solution
to provide for an interior stairway to the second story.
Motion was seconded by Board Member DOOLEY.
Board Member ROSSILLON questioned this being a 29$ increase
rather than 25~, and Mr. Moberg answered the code only
allows construction up to 25$. This structure was built
prior to our code and is an illegal non-conforming use and
in reality it is a 29-30$ increase.
Motion carried 6-0. Resolution attached.
`B. Case No. WA-93-10: An application by James R. Quinn for
approval of a 23' variance to the required 30` front yard
setback for property zoned Residential-Two. Said property
is located at 10785 W. 35th Place.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
No questions were asked of staff.
The applicant, James R. Quinn, 10785 W. 35th Avenue, was
sworn in. Mr. Quinn said prior to this request, he had
exhausted all potential alternatives. Mr. Quinn said he
does have experience in planning and zoning and is familiar
with the rules and regulations as he was the Director of
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: July 22, 1993 Page 4
Planning for the Jefferson County Schools. He currently and --
has been conducting a home occupation in his home for 39
years and has been a Wheat Ridge resident £or about 44
years.
Mr. Quinn said there are various properties in his area with
setback encroachments. The only other possible location to
place the garage would create a traffic hazard with his
neighbor because of the driveway locations. Mr. Quinn said
that Owens Street is not placed in the center of the right-
of-way and to such an extent there is a 14 foot distance
from the asphalt to his fence line. The applicant said this
is a built up neighborhood and most of-the traffic is
within.
Board Member ABBOTT said at 76.6$ request, this is a
tremendous request, and was wondering if the garage could be
moved to the north under the existing deck, and Mr. Quinn
answered-if moved north they would lose about 1/4 of the
back of the lot because of the garage setting in the middle
separating the yard.
Board Member ABBOTT said he was thinking about the garage
coming parallel with the patio and deck or scooting it up
underneath the existing deck with the driveway still going
out the same way and Mr. Quinn answered if this request is
denied they will have no other alternative but to convert
the patio into the garage, however feels that would create a
great hardship. Mr. Quinn said the othez alternative would
create a 44 foot driveway into the garage which does not
make much sense in terms of economy or the lot.
Mr. Moberg stated there seems to be an error in the
submitted drawing; the setback quoted as 7 feet is actually
11 feet:
Board Member ABBOTT questioned the applicant's statement
about the street not being aligned properly and therefore
the majority of his hardship is created by the fact the City
owns an unusual amount of his front yard. Mr. Quinn
interjected the amount the City owns is 2,000 square feet.
Mr. Moberg said that could very well be as the City has
always maintained its rural appearance, therefore a lot. of
the streets do not have curb, gutter, and walks.
Technically whoever is next to that right-of-way must
maintain that footage of land, however, the applicant is
getting use out of that property. Mr. Moberg said the Board
has to decide if this is a hardship or not_
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: July 22, 1993 Page 5
Board Member DOOLEY said in essence this will be a 25'
setback as opposed to 21', and Mr. Moberg said the setback
from edge of asphalt is 25', however staff does not consider
the lack of curb, gutter or sidewalk a hardship because it
is that way throughout the City.
Board Member DOOLEY said he has known this property for many
years and it is a beautiful corner that is maintained
properly. The applicant might not agree, however his.
selection would be to tear something down to put something
else in.
Chairman HOWARD asked if a building permit was issued on the
first conversion with the enclosed patio, and the applicant
answered no.
No further questions were asked.
Motion was made by Board Member ROSSILLON, that Case No. WA-
93-10 be DENIED for the following reasons:
,1. The Board finds that based upon all evidence presented
and based upon the Board's conclusions relative to_the
nine specific questions to justify the variance, the
evidence and facts in this case do not support the
(, granting of this request.
2. The hardship has been created by the applicant as_the
existing garage was converted to living space.
3. The 63g variance would be considered excessive.
4. Alternative sites are viable for this property.
Motion was seconded by Board Member JUNKER.
Board Member ABBOTT commented this is a well maintained
property and a nice addition, however there are alternatives
and suggested the applicant come back with a reduced
percentage request.
Motion carried 6-0. Resolution attached.
C. Case No. WA-93-4: An application by Corry E. Sheely for
approval of_variances to Section 26-30(J) to allow an
existing satellite receiving earth station to remain.
Said property is located at 5160 Tabor Street.
Mr. Moberg spoke saying this case has been continued until
August because of meetings with our new attorney. Motion
was made by Board Member REYNOLDS, seconded by Board Member
ROSSILLON and carried.
~.
CERTIFICATE OF RESOLUTION
~.
I, Mary Lou Chapia, Secretary to the City o£ Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 22nd day of July 1993
CASE NO: WA-93-10
APPLICANT'S NAME: James R. Quinn
LOCATION: 10785 W. 35th Avenue
Upon motion by Board Member ROSSILLON seconded by Board Member
JUNICER the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-93-10
is an appeal to this Board from the decision of an Administrative
Officer;'and
WHEREAS; the property has been posted the required 15 days by law
and there NO protests registered against it; and
WHEREAS; the relief .applied for MAY NOT 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.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-93_-10 be and hereby is DENIED.
TYPE OF VARIANCE: A 23' to the required 30' front yard setback
PURPOSE: To construct a garage
FOR THE FOLLOWING REASONS:
1. The Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the nine
specific questions to justify the variance, the evidence and
facts in this case do not 'support the granting of this
request.
2. The hardship has been created by the applicant as the
existing garage was converted to living space.
3. The 63$ variance would be considered excessive.
4. Alternative sites are viable for this property.
VOTE: YES: Abbott, Dooley, Howard, Junker, Reynolds and
Rossillon
NO: None
DISPOSITION: Variance denied by a vote of 6-0.
D E this 2nd day of July, 1993.
L G_V9E~
ROBERT W~D~Chairm
a Mary L u Chapla, S cretary
Board of Adjustment Board o Adjustment