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HomeMy WebLinkAboutWA-93-16Tha City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Ridpre Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant R; chard (:ach Address 7776 Orion St. Phone 47_3-3896 Owner Linda K Gash 'T`rust Address 7276 Orion St. Phone 420-3040 Location of request 35th and_Lee St. Type of action requested (check one~or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final *~ See attached procedural guide for specific requirements. Detailed Description of request Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other ' List all persons and companies who hold an interest iri the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE T.i~Aa K_ Gach Tnigt 777Fi (h-'nn cT G.7n-3n4n 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 actior not lawfully be accomplished. Applicants other than owners must submi owe of-attorney from the owner which approved its a~Y~n on his be a Signature of Applicant ;~ Subscribed and sworn to me SEAL ~~y o f ~ 19 9L ~~ My commission expires /a ~ 7_y'$' R P(: P_1VP.(3 Ronci n} ATr~ (`ice ATr~ 6 b io• r~'1 n C ~` t~ . ~,~,,_ ~~ 0 4 C ~~ ~~ I I 1 A ~~ b ~ ~ ~ ~- . ..~ .. ~I~ •~ of ~~ o ~~ ~I#(~~ .~1 ~~~o ~~ ~~ +~ ~ ~~ i p ~i ~' I I ~ i 1 ~ PARe: Ii - I-_ I ~' I I I ~G D~~ '~~ _ ~ 3 `n - w Iw ~ ~ z ~- N W J ESIGNEf2'S i I ~ L Site ~- W 35TH AVE 3Q~~ QL N W ~ v~ a CL~ P\~ ~\~ L~ ~0~ ~OG~~ 0 E i~ i ~. I ~ ~~ i 41u r ~I ~ Y ~ ' ~\ ~~~ o ~ ~~ tf > ~ ,~ , [[~~ „~ ~, ~l Y ~~ \\~ \~ ~ `1 U ,~ ~i V \ ~~ 0 ~ ~\ \` ~ F' 0 l/ V J `.~ ~ ~ ~ ~~. O ;'\ "~- ~ '~ ~ r ~:. L ~ :. ~. ,~~ ~~ ~i ~~~ c~ ~ ~~ e [Ld ;I O U G E E STi2~~T 7J`. O~ ~ iv, J ~ ~y •-filed far record the_deY a. ,A.D. 19_, oc a~cl~ f ~ Recep[im Mo. 5 °I TEIS DEED , Meda thin day of HSp 26r 1992 tetuem JtJHDT F. » and JENt~ »Z of th< Canty of JEFFEP6ON and Stara of Ca lorado, of the first pert, end L7HIlA R. Cal1~ TEDST w 'ECEPTZON NO. 92063288.65 5/29/92 11:45 _ RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO i Moss leBel eddren i• of the Canty of JEFFERBCN end State of Colorado, of the second part. VITNESSETH, Thet the avid perry o} the first pert, for end in conaidereaim of the sun of (*~**$36,500.00 ) THIRTY SI% 7NWSAND FIVE HUNDRED OOLURS AND 00/100TN5 to [he said party of the firs[ pert in hand paid by the soid party of the socond pert, the reed pt whereof is herby acknwladged end cmteasetl, hea bsrgei ned, granted, soltl end conveyed, erd by these presents does grmc, bar9ein, sell, convey and emfim, utto the said perry of the aeeontl Par[, his heirs end assigns forever, ell the fol louirg deacri betl lot or poreel 01 lend, si rusts, lying and being in the County of J8E'FERB@I end State of Dol pretlo, to ui t: TRACT' Br Z~DR 8p802VI8I@I 2D. 10, LZ)TIITPY OF JEE'FERS@I, STATE OF ~IDRTDO. State Documentary Fee Date n :~ •~PS S also krwu[ as street rAnNer 10199 WFBT 3588 AVFa1OEr V>ffiAT RZDGEr ~~~ 80033 TOGETHER with all entl singular end heredi Cements and eppurtmercea thereto be/orging, or in anywise eppertainin9, and Me reveral on end revanims, remei Mar end remeindera, rents, issues and profits thereof; end all [he estate, right, title interest, claim and demand Matsoewr of the said perry of the first pert, either in law or equi tY. pt, (n eM to the above bargained premt sea, wl th the hereditanants and eppurteronces. unto the nitl r[ of f0 XAVE ANO TO NOLO [he said premi tes ebova bargeinetl end deacri bed, with the appurtmarcea, P° Y the aeeaM pert, his heirs erci assigns forever. Ard tae mid perry of Me first pert, for htireelf, his heirs, exeeutora, and edaintatraton, doss wvanan[, grant, bargain, and agree to antl wt th tae said party of the second part, his heir and easipu, tact ae the tine of [he muLLirq and delivery of rheas presents, he is welt aei xad of the premiwa above conveyed, as of goad, aura, perfect, ebaoluto end indefeasible estate of tnheritenee, in leu, in fee side, and has good right, }ull power end lawful autaori ty to grant, berpain, seLL aid cmvey [he same in mamer end farm as sforossid, and [het the same are free aid clear from all former end other9rents, barpeirm, sales, liens, tortes, asseaammta and encuibrarcee of Matever kind or nature noever. E%CEDT GENERAL TAXES ANO ASSESSMENTS fOR THE YEAR 7992 AND 9JBSEOUEN7 YEAPS, AND SIIBJECi TO EASE)EN75, RESERVATIWS, RESTRICTIONS, COVENANTS AND RIGHTS OF VAY OF RECORD, IF ANY; aM the shoved bargained premises in the quiet end peteeeble posceeaim of said party of the aeemd pert, hie heirs and assigns against all end every person or persms lawfully claiming or to claim tae whole or arty Par[ thereat, the said party of the first part shell erd will WARRANT AND FOREVER DEFEND. The singular nurber shall include the plural, the plural [he sl nguler, and tae use of any gentler shall be applicable to all genders. IN YI TNESS NNEREOF, the card party of the first part has hereunto cat his hand erd seal the day and year first ffiove written. Jam/ (~9 qQ ~~ ~~, ~ ~~~ J~l/ l aHN F Sgn/C}}~.[_,_,yxAU y o n ant e~z~r. as _I_ s attorpn~ey n act ~pg- n ancnez r. as her attorney in act STACTE«nOFtyCOLq[A00 (SEAL) > se. JEFFER8t87 °f the foregot ng instrument was eckrwwledgetl before me m this day of HSy 26r 1992 , by Sohn F. Sanchez, Jr., as attorney in fact for~JOhn F. Sanchez and Jennie Sanchez. 8~[ My ctnaiasim expi rea Aiggust 23y 1994 Vitross my bend erd official seal. ~ J ~ ~ v.+v~.e.i..r,v.rn.,e,~,~AN+«vN+wMev~ -Yl/J L t,r'L.C~t..C. / "f "' 4"' it~l`5~1-1% MICHELLE L. .:!?"dSTRGNG xoca ~ mt c NO7ARY PUBLIC cT+ r n. ... ... _._.. .... .... nv Cmnm~ssim+ ExpNeS 8.2394 ~ ~ •~ Form 932A COMPUTER WARRANTY DEED For Dhotographic Record D1S841.0330921 H0330921 ew~Q L~lakA tlTi:lt NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on October 28, 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. Ca e No WA-93-~5: An application by Golden Bank for approval of a variance to allow an additional 49 square feet to the maximum 35 square feet allowed £or a free-standing -- sign on property located at 3298 Youngfield Street and legally described as follows: A tract of land in-the SE1/4 of the NW1/4 of Section 29, T3S, R69W, of the 6th P.M., Jefferson County, Colorado, described as follows: Beginning at a point which is 60.0 feet east of the west line of the SE1/4 of the Nwl/4 of said Section 29 and 454.32 feet north of the south line of the SE1/4 of the NW1/4 of said Section 29; thence N 89 degrees 31.2 minutes E A distance of 140.0 feet; thence N 00 degrees 51.8 minutes W A distance of 200.0 feet; thence S 89 degrees 31.2 minutes W A distance of 140.0 feet; thence S 00 degrees 51.8 minutes E A distance of 200.0-feet to the Point of Beginning, and a tract of land in the SE1/4 of the NW1/4 of Section 29, T3S, R69W of the 6th P.M., Jefferson County, Colorado, described as follows: Beginning at a point which is 60 feet E of the W line of the SE1/4 of the NW1/4 of said Section 29, and 530 feet N of the S line of the SE1/4 of the NW1/4 of said Section 29; thence N 00 degrees 51.8 minutes W A distance of 124.32 feet; thence S 89 degrees 31.2 minutes W A distance of 10 feet; thence S 00 degrees 51.8 minutes E A distance of 124.32 feet; thence N 89 degrees 31.2 minutes E A distance of 10 feet to the Point of Beginning. Except any portion thereof lying in Youngfield Olivet Road. 2. Case No. WA-93-16: An application by Richard Gash for approval of a 3' variance to the required 30' front yard setback adjacent to W. 35th Avenue and a 3' variance to the required 15' side yard. Said property is located at the southeast corner of W. 35th Avenue and Lee Street and is legally described as follows: Tract B, Minor Subdivision No. 10 County of Jefferson, State of Colorado 3. Case No. TUP-93-8: An application by Greg Munchiando for approval of a Temporary Use Permit to allow a 12 x 40 office trailer to be located at 12098 W. 50th Place and is-legally describe as follows: That part of Lot 18, STANDLEY HEIGHTS, described as follows: BEGINNING at a point which lies 25 feet South and 25 feet West of the Northeast corner of .said Lot 18, thence South parallel with the East line of said Lot 18 a distance of 282.2 feet to a point on the South line of said Lot 18 which point lies 26 feet Southwesterly. from the Southeast corner of said Lat 18, thence Southwesterly along the South line of said Lot 18 a distance of 338 feet to a point, thence North, parallel with the East line of said Lot 18, a distance of 376 feet to a point which lies 25 feet South of the North line of said Lot 18, thence East parallel with the North line of said Lot 18, a distance of 325-feet to the POINT OF BEGINNING. EXCEPT right of way described in Book 230 at Page 390. 4. Case No. WA-93-17: An application by Jenary and Irene Pisicchio for approval of a 9' variance to the required side yard setback in a Residential-Two zone district for property located at 4425 Saulsbury Street and is legally described as follows: The south 75 feet of the north 405 feet of the west 137.1 feet of the east 162.1 feet of Block 2, Coulehan Grange, County of Jefferson, State of Colorado. C Mary Lcu Chapla, Sec etary ATTEST: Wanda Sang, City Clerk To be published: October 12, 1993 Wheat Ridge Sentinel P.O. SOX 618 TELEPHONE: 10L217.69u The Ci(y o~ 7500 WEST 29TH AVENUE . wlIEAT nIOGE. COLO(IA00 89933 Wheat Ridge POSTING` CERTIFICATION CASE N0. PLANNING COMMISSION - H DATE--~~ residing at CY COUNCIL - BOARD OF ADJUSTMENT (Circle One) . ~ n a m e as the applicant for Case No. that I have posted the Notice of Public Hearing at o c a t i o n , , hereby certify on this ) 7 day of ~~„~,~, , 19~~, 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 ease. The sign was posted in the position shown on the map belew. Sign NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. M A P P.O: BOX 638 TELEPHONE: 303/237-6944 The aty Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge October 13, 1993 This is to inform you that Case No. WA-93-16 which is a request for aPProval of a 3' variance to the required 30' front yard setback adjacent to W. 35th Avenue and a 3' variance to the required 15' side yard setback for property located at the southeast corner of W. 35th Avenue and Lee will- be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at 7'30 P.M. on October 28, 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 "Tlac' Carrtatian City„ P 913 667 29 ~D (n S m O U1 0 O O m n rn v -1 • K r. .i v v~ P 913 667 .2 ~~ ~ o~ ~. ...a s ~ m ,- ~ o ~ _ 1 - w _ ~ =~~' ~ i ~~+ ~ }m~ m m _.._~ ,~. T H Z .~ .~.~ m g ~mf~ ~,. .... ~ Q ~^ NO m O ` ') ~~ M .. - ~ Cn ~ ~ O 9 3 ~ 3 i W ~ ~ ~ ~ . ~ ~ ~ m 9 r ~ . ? ~ ~ o 2 i R O Ov+ P 913 667 230 Y~ A ow +» w 9pn w A IA M ~~ ~~ Ci iw.f m m m T 9 m ~ z k~y o m of ~ 1 ~ ~m$~ ~! p NO m t O$~ t m m oo fr1 i n ~~ {( m ~ 9D 11 y m ~ 1. n r m °m ~v i T \ I 1 - m ~ ~ m ~ o 9 ~J ~j 9 D " I a a m ~ 1 IMPORTANT ! P HTO LOPE TO OF RETURN THE R G ADDRESS N 0 3 N c A N ~ r~ ... I n ~~~ S~S~ ~ ~, .. _ ~ ~ wla...o ... ~~~ ~' ~ ~ w yK Y $~ W n... g.. •y~ D m i$~,D~3!t99~~2 Cn 3o~~n. f,Dy m $ ~ ~Mc'T' ~z~c A•' ~:0ma ... 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( 1 ~ ~ N Q y ~ n '/y i AAA ,sl ~ ~ PO ~m~ ~ ~_ °F2~ 3 ~ ~R~ o ~a~ o _ o~ ff3~ ~ ~~, amp d R - ~ p p ~ o Q ,am' ~ ?' 3 m ~° ~ ~ n y o k~( ~ U ~ a ~ 1/`~-`ll , N N r O A 'c SJ ~ ~ m ~ n m o i1 I G ~ '~7 za Ca~F. O" y m ~ '~ 37 ~ N ffl D' 3 ~ y ~ Z ¢ ~ y Q N •-• O _._ ~ ~ ti m m m ~ ~ m - ~ N m o~ , . A ~ ¢ ~ w m Q U, ~'~ ~ x~ ~ 4Ni d ~ ~~- ~--::--. ~.-: ~_.- - - -- m CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: October 14, 1993 Date of Meeting: October 28, 1993 Case Manager: Greg Moberg Case No. & Name: WA-93-16/GASH Action Requested: Approval of a 3' variance to the required 30' front yard setback adjacent to W. 35th Avenue and a 3' variance to the required 15' side-yard setback. Location o£ Request: Southeast corner of W. 35th Avenue and Lee Street- Name & Address of Applicant(s): Richard Gash 7276 Orion Street Golden, CO 80403 Name & Address of Owner(s): Same Approximate Area: 10,125 Square feet Present Zoning: Residential-One Present-Land Use: Single-family Surrounding Zoning: S: Residential-One, W, E, N: Residential-Two Surrounding Land Use: $, W, E, & N: Single-family Date Published: October 12, 1993 Date to be Posted: October 14, 1993 Date Legal Notices Sent: October 14, 1993 ------------------ ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Zoning Ordinance (XX) Case File & Packet Materials . (XX) Slides Subdivision Regulations ( ) Exhibits JURISDICTION' 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 NO. WA-93-16 Page 2 REQUEST The applicant is requesting approval of a 3' variance to the required 30' front yard setback adjacent to W. 35th Avenue and a 3' variance to the required 15' side yard. The property is located at the southeast corner of W. 35th Avenue and Lee Street. SITE The property is approximately 10,000 square feet in area and is currently vacant. Minor Subdivision #10, of which the applicant's site is a part of, was approved on-June 28, 1973. The residence located directly to the east of the subject site was constructed in L975 and subject to the zoning standards of that time (i.e. the setbacks do not conform to current standards). The applicant would like to construct a single- family residence twelve (12) feet from the east side lot line and 28' from the front lot line adjacent to West 35th Avenue. The applicant had applied for and was granted variances to the rear and side lot lines however, the variances expired and he is now asking for new variances. FINDINGS OF FACT 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under conditions allowed by regulation for the district in which it is located? It is felt that the residence could be reduced by two (2) feet, thus meeting the fifteen (15) foot side yard and 30' front yard setback requirements. The property therefore can yield a reasonable return in use if permitted to be used only under the conditions allowed by Section 26-10; and 2. Is the plight of the owner due to unique circumstances? There are no unique circumstances. 3. If the variation were granted, would it alter the essential - character of the locality? Because the zoning to the north allows for up to a five (5) foot setback, the granting of the requested variance will probably not alter the essential character of ..the local neighborhood; and 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship? BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-16 Page 3 There are no particular physical surrounding, shape or topographical conditions of the specific property that would result in a particular hardship upon the property owner as the owner has shown a residence can be built. Therefore, the request is a matter of convenience; and 5. Are the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? The conditions upon which the petition for a variance is based are applicable to properties within the same zoning classification. 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? A larger house would command a higher market value. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No hardship has been created by any person presently having an interest in the property; and 8. Will the granting of the variations 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 injurious to other property or improvements in the neighborhood; and 9. Will the proposed variation would 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 the requested variance will not impair the adequate supply of light or air to adjacent property nor increase the congestion of public streets or increase the danger of fire or public safety. CONCLUSIONS AND RECOMMENDATIONS 1. It is felt that the residence could be reduced by two (2) feet, thus meeting the fifteen (15) foot side yard and 30' front yard setback requirements. The property therefore can yield a reasonable return in use if permitted to be used only under-the conditions allowed by Section 26-10; and BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-16 Page 4 2. There.-are no unique circumstances. 3. There are no particular physical surrounding, shape or topographical conditions of the specific property that would result in a particular hardship upon the property owner as the owner has shown a residence can be built. 4. The conditions upon which the petition for a variance is based are applicable to properties within the same zoning classification. Based on the conclusions derived from the preceding "Findings of Fact", staff would recommend that Case No. WA-93-16 be DENIED. 1 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 28, 1993 Page 5 Motion was made by Board Member ABBOTT, that Case No. WA-93- 15, an application by Golden Bank o£ Applewood, be DENIED for the following reasons: 1.- There would appear to be no substantially unique circumstances relative to the majority of other businesses within the shopping center. 2. The larger signs within the immediate vicinity are on businesses-which by nature depend upon highway visibility. Motion was seconded by Board Member DOOLEY. Motion carried 5-0. Resolution attached. C. Case No. wA-93-16: An application by Richard Gash for approval of a 3' variance to the required 30' front yard setback adjacent to W. 35th Avenue and a 3' variance to the required 15' side yard. Said property is located at the southeast corner of W. 35th Avenue and Lee Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman HOWARD accepted. Board Member BERNHART asked when was the previous variance granted, and Mr. Moberg replied September 1992. Board Member BERNHART asked what was specifically granted, and Mr. Moberg answered a 3 foot variance to the rear yard (north), and a 3 foot variance to side yard (east). Board Member BERNHART questioned then the side yard variance is being re-requested, and Mr. Moberg said the applicant would rather take the building three feet south rather than north, which would make it 15 feet in the rear. Mr. Moberg added the deck is allowed to go 1/3 into the rear yard setback. No further questions were asked of staff. The applicant, Richard Edward Gash, 10200 W. 44th Avenue, was sworn in. Mr. Gash said he applied for and was granted a variance last year, but he did not realize there was a 'time limit' of six months on the variance until he was notified by staff. Mr. Gash said most of his neighbors had no objection with this variance at all except one neighbor to the north. He wants to keep the house in line and conform with the neighborhood. I£ this is a 29 foot house, the rooms would be less than 12 feet in width and in this neighborhood it would not sell. The house is approximately 1900 square feet house and is probably the most expensive house in the neighborhood. r CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 28, 1993 Page 6 Board Member ABBOTT asked if this new alignment will line up with his neighbor to the east or will it push out, and Mr. Gash replied it will push him out about 3 feet. Board Member ABBOTT asked what the purpose is for the setback or indent in the rear of the house, and Mr. Gash said dust to give the house character. Board Member ABBOTT-said he understands; however if the garage was pushed back north in line and then to move the front, it would come in better alignment with your neighbor. Mr. Gash said that could be done, but the plans have all been drawn already. Board Member ABBOTT said he realizes the back lot is very steep but there is a good argument to move it forward and not have this high of a wall in the back. By bringing the garage forward it would bring more light into the neighbors so that he won't have to look right into your garage wall when looking west. Mr. Gash said the way his neighbor's garage is lined up, he won't have to. No further questions were asked of the applicant. Charles Kleder, 3510 Lee Street, was sworn in. Mr. Kleder lives in the house north of the applicant. Mr. Kleder said he is the one neighbor that is against the variance to the west and feels it is not necessary. Mr. Kleder stated that at the end of the last meeting, Mr. Gash alluded to the fact that had he not gotten the variances, he would have built to the south and to the east to try and accommodate the structure that he is trying to put on this property. Mr. Kleder wanted to know what is the purpose of putting the extra garage down below on the west side of the house and now making it a 4-car garage. Board Member ABBOTT asked Mr. Kleder if-it wouldn't be to his advantage if the garage was shifted to the south, and he said his problem is the 4-car garage, not the setbacks. Board Member BERNHART asked if he did or did not have a problem with the variance to the east, and Mr. Kleder answered a variance to the east would be no problem because he lives to the north. Board Member DOOLEY asked if the garage to the west is a lower level garage, and Mr. Kleder answered yes. Board Member DOOLEY questioned then actually it will be under the main floor of the house, and Mr. Kleder said correct, and also adjacent to his front door.- No fu=ther questions were asked of Mr. Kleder. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 28, 1993 Page 7 Mr. Gash put up a drawing on the board and further explained his plans. Board Member ABBOTT said he is concerned with why a house of this size has a four-car garage, and then asking for a variance for the one three-car garage. Mr. Gash said he is not trying to make a big secret-of this request. He is living in the house by himself and happens to have three cars and is just wanting to keep all three cars in some sort of shelter. Mr. Gash said he has been a member of this community for over 20 years and plans on living in this house. Monetary value is a concern because he is building more house in a neighborhood that he does not think he can get the money out of. Almost every house that is being built today has a three-car garage, and the fourth car garage is for storage of tools and for a-work shop. Mr. Gash stated he does not work on autos and he just wants to enhance the neighborhood. Board Member ABBOTT asked Mr. Moberg the three-car garage and pours a pad he be in violation of any ordinance, the applicant could run flatwork all keeping in mind that 50~ of the fron landscaped. if the applicant keeps on the east-side will and Mr. Moberg said no, around his house, t yard has to be Board Member BERNHART clarified that statement by saying then basically if the applicant wants to he can build a four-car garage house without any codes stopping him, and Mr. Moberg said in terms of zoning, staff does not really care what the house is doing, they are more concerned with setbacks. Mr. Kleder spoke again saying he is not trying to deny Mr. Gash his three-car garage, but he is concerned with the drainage off of the garage below and feels there will be some problems. Board Member ABBOTT asked Mr. Moberg if the City will require some kind of drainage protection for the neighbor to the north since the property is so steep, and Mr: Moberg replied the applicant cannot allow any more water on the property to the north or east that has not historically drained that way. Board Member ABBOTT asked then if the impervious surface created by the driveway will have to have some sort of water barrier to keep water from running directly off of it to the north, and Mr. Moberg said the driveway is about 20 feet from the north property line, so a simple swale along the rear of his property should take care of that, and per code he will have to deal with that. No further questions were asked. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 28, 1993 Page 8 Motion was made by Board Member ABBOTT, that Case No. WA-93- 16, an application by Richard Gash be APPROVED for the following reasons: 1. Essentially the same variances were granted previously, however, shifting the structure to the south will make it more compatible with the neighborhood. 2. The steep slope on the north side creates a unique topographical condition. 3. There is no objection from the owner to the east. WITH THE FOLLOWING CONDITIONS: 1. Drainage protection will be provided for the property to the north. 2. The house will be one story on the 35th Avenue frontage. Motion was seconded by Board Member BERNHART. Motion carried 4-1, with Board Member DOOLEY voting no. Resolution attached. D. Case No. TUP-93-8: An application by Greg Munchiando for approval of a Temporary Use Permit to allow a 12 x 40 office trailer to be located at 12098 W. 50th 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, Greg Munchiando, 12098 W. 50th Place, was sworn in. Mr. Munchiando said the reason for this application is that his company has grown from 7 to 23 people, and at the present time only have two offices. The landlord is going to add on to the building they now have for new offices. They are looking now for a temporary office for approximately 6-8 months until they can get the permanent building up. Board Member ABBOTT asked how they are planning on heating the trailer, and Mr. Munchiando answered the trailer is all self-contained with electric heat. Board Member BERNHART asked what the typical time limit was for a Temporary Use Permit, and Mr. Moberg replied it could be from one month to a maximum of one year. Board Member BERNHART asked if this particular applicant specified a time, and Mr. Moberg said he would assume the applicant wants one year. (_:. CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of 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 28th day of October 1993. CASE NO: WA-93-16 APPLICANT'S NAME: Richard Gash LOCATION: Northeast corner of 35th Avenue and Lee Street ~~ Upon motion by Board Member ABBOTT seconded by Board Member BERNHART the Following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-93-16 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 WERE NO 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. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-93-16 be and hereby is APPROVED. TYPE OF VARIANCE: A 3' to the required 30' front yard setback and a 3' to the required 15' side yard setback. PURPOSE: To .construct a house FOR THE FOLLOWING REASONS: 1. Essentially the same variances were granted previously, however, shifting the structure to the south will make it more compatible with the neighborhood. 2. The steep slope on the north side creates a unique topographical condition. 3. There is no objection from the owner to the east. WITH THE FOLLOWING CONDITIONS: 1. Drainage protection will be provided for the property to the north. 2. The house will be one story on the 35th Avenue frontage. VOTE: YES: Abbott, Barnhart, Howard and Reynolds NO: Dooley DISPOSITION: Variance approved by a vote of 4-1. DA ED this 28th day of October, 1993. -rte ~~ ~- ROBERT HOWARD, Chairman Mar o hapla, S cretary Board of Adjustment Board o Adjustment . ., 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT FIDGE. CO 80034-0638 -- ;3031234-5900 City Admin. Fax # 234-5924 November 12, 1993 Mr. Richard Gash 7276 Orion Street Golden, CO 80403 Dear Mr. Gash: Police Dept. Fax # 235-2949 ~~- The Crty of Wheat Ridge Please be advised that your application for Case No. WA-93-16, to the Board of Adjustment was APPROVED on October 28, 1993, by a vote of 4 to 1. See attached resolution. As per Section 26-6(D)(2)(d): "Expiration of•variance: Any variance granted by the board of adjustment or planning director shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or planning director may prescribe, unless a building permit for the variance is obtained within such period of time. if the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance." As per the above section, your variance will expire on: April 25, 1994 If you have any questions, please feel free to call the Planning Department at 235-2852. Sincerely CITY OF WHEAT RIDGE PLANNING DEPARTMENT Tj u,. , ~ ,,, ~ r,.,.,