HomeMy WebLinkAboutWA-93-17The Cify of
ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rid~re Department of Planning and Development
b 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant __ //,f~l2Y ~~S ~CC/j)QAddress ~7 2~ Stt u~.S~ one x.56 -,{~~.~
Owner ~/~'~~ Address Phone --
Location of request ~ ~ '~ ~
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions 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
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description of request ~r j/~~~/~~/~ F~~ ~°,~_ 1/~J~~f~JC ._
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, bptionee, etc.
NAME ADDRESS PHONE
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 action on his behalf.
Signature of Applicant.., .~' I ~ t,~ r l ~
Subscribed and sworn to me this ^}_~ day o 19 Q3
Notary P blic
SEAL
My commission expires ~-a„~ -q~
Date Received \Q-`(-~'{'~ Receipt No. `j~~Ct?~ Case No.
®0L EST
Serving Metro Denver Since 1958
Job Address ~% ~'~ _ -
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SITE PLAN
1?.3 R1U GRANDE 81_VD. • DENVER, COI CJftADO AO??3 • (303) 8?.0-3333 • FAX: A20.2234
RECORDING REQUESTED BY:
WORLD SAVINGS AND LOAN
ASSOCIATION
WHEN RECORDED MAIL T0:
WORLD SAVINGS AND LOAN
CENTRAL PROCESSING CENTER
DOCUMENTATION DEPARTMENT
2420 W. 26TH AVENUE
DENVER, CO 80211
FOR RECORDER'S
DEED OF TRUST
ONLY
THIS IS A F I RST DEED OF TRUST
LOAN NO. 9104753
THIS DEED OF TRUST IS SECURITY FOR A PROMISSORY NOTE OF EVEN DATE
HEREWITH WHICH IS DUE AND PAYABLE IN FULL ON JULY 01, 2023.
THIS DEED OF TRUST ("Security Instrument") is made on JUNE 29, 1993
among the grantor, J ENARY C . PIS 1 CCH 10 AND I R ENE R . P I S I CCH 10, HUSBAND
AND WIFE
("Borrower'1, the Public Trustee of JEFFERSON County ("Trustee"}, and the
beneficiary, WORLD SAVINGS AND LOAN ASSOCIATION, A FEDERAL SAVINGS AND
LOAN ASSOCIATION " " " " " " " " " " ,ITS SUCCESSORS AND/OR ASSIGNEES,
which is organized and existing under the laws of the United States, and whose address is
1901 HARRISON STREET, OAKLAND, CALIFORNIA 94612 " " " " " " " " "
» » » „ „ » » „ „ » » » „ » » » » „ ("Lender"). Borrower owes Lender
the principal sum of FORTY FIVE THOUSAND AND 00/ 100 " " " " " " " " " "
M „ » » „ „ » M » „ » » „ „ „ » » „ » » » » » M » » IF » » » M » »
Dollars (U.S. $45, 000.00). 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 JULY 01, 2023 This Security
Instrument secures to Lender; {a} the repayment of the debt evidenced by the Note, with
interest, and all renewals, extensions and modifications of the Note; (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 JEFFERSON County, Colorado:
SEE EXHIBIT "A" ATTACHED, INCORPORATED HEREIN BY REFERENCE
which has the address of 4425 NORTH SAULSBURY STREET
WHEAT RIDGE, CO 80033
("Property Address")
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 stock and all fixtures now or hereafter a part of the property. All replacements
and additicns shall also be covered by this Security Instrument. Ail of the foregoing is
referred to in this Security Instrument as the "Property."
COLORADO-Sing~»Fam~iy-FNMA/FHLMC UNIFORM INSTRUMENT IIIIIIIIIIIIIIIIIIIIII
FORM 3006 1/91
SD052A (09.2x.92) A52A Page 1 of 7 UNIVERSAL * 0 0 3
EXHIBIT "A"
LOAN NO. 9704753
South 75 feet of the North 405 feet of the West 137.1 feet oP the
East 162.1 feet of Block z, Coulehan Grange, Countyy of Jefferson,
State of Colorado. The Plat oP which is recorded in Plat Book 2,
Page 46, County of Jefferson, State of Colorado.
GF 139 (10.06.821 H39A 4LL STATES
UNIVERSAL
ID~ OCT 07'93 11 47 No .012 P.02
+va L4 9J .. •LV c::.4+V. w Ll.d.!\LL:\iPl: .~ Y
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C7ILUAN'S ENGINEERING, YNC.
8471 Tumpik~ prive, Su1tt 26D • YJrst~+inetrr, CO ~~ • i8D3Y 4261791
(~
IM~'AOVEMENT t~OCATION CERTIFICATE
Addrb4n: 4428 SAULSSURY 6T
Bvrrowtr(e): PIaiCCHiO
Title a~mrch by~•T1iAH9AMERiGA t1TLE INSURANCE CO.
Gvmmitment no. 33zb20P
Lbpat bwlrcription:
SOUTH 95 FEET OF THE NORTH 4O5 FE€T OF THE
WEST 137.1 FEET OF THE EAST 102.1 FEET OF
BLOCK 2, COULEHAN CiRANRE,
COUNTY OF JEFFERSON, STATE OP COLORApO.
THE PLAT DF WHICH Y& flECORCED IN
FLAT ROOK 2, ~AQE 48, .
GOUNTY OF JFFF4~RSON, iTATE OF COL011A60. 7"3_,
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4t Ik1 ~IIA Amy WOr'1r1fFIMfQrntiV7 NIa I~r11d! h/tLl'aM1YYlIlN1W~ t!~lwMgM h!adbo «u1YIx1e YLptI~M1'dlbl
WOgLp aAVtNda AND LOAN ANp TRAHSAMERiCA TITLE INSURANCE CO.
Jdb Na.: 6717-$3
Fre: bS5.o0
CBNSU6 TRACT NOl: 100.04
~~ ,~ ~ ~~
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. Case 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 for a free-standing
sign on property located at 3298 Youngfield Street and
legally described as follows:
A tract of land in the SE1/4 0£ 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-~6; 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 Lot 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.
l
Mars. Lc Chapla, Sec etary
ATTEST:
Wanda Sang, City Clerk
To be published: October 12, 1993
Wheat Ridge Sentinel
- - - TELEPHONE: 303/237-6944 The City of
P.O. BOX fi38--
_ ~GR~/ jijdgell
7500WEST29THAVENUE WHEAT RIDGE,COLORAD080033 - ~(.tx71_ea4~
October 13, 1993
wA-93-17 which is a request
This is to inform you that Case No.
£or approval of a 9' variance to the required side yard setback in a
Residential-Two zone district
for.. _property located 2t 4425 Saulsbury Street
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 October 28, 1993 ,
Ail. 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
>>
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date of Meeting: October 25, 1993
Date Prepared: October 15, 1993
Case No. & Name: WA-93-17/PISICCHIO
Case Manager: Greg Moberg
Action Requested: Approval of a 9 foot variance to the required
five (5) foot side yard setback and fifteen
(15) foot sideyard total.
Location of Request: 4425 Saulsbury Street
Name & Address of Applicant(s): Jerry Pisicchio
4425 Saulsbury Street
Wheat Ridge, CO 80033
Name & Address of Owner(s): Same
------------------------------------------------------
Approximate Area: 10,275 square feet
Present Zoning: Residential-Two
Present Land Use: Single-family residence
Surrounding Zoning: N, ~, W & E: Residential-Two
Surrounding Land Use: N S, E & W: Single-family residences,
---------------------------------
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) Case File-& Packet Materials
(XX) Zoning Ordinance (XX) Exhibits
( ) Subdivision Regulations ( ) Other
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-93-17 Page 2
I. REQUEST
The applicant is requesting approval of a variance to allow the
construction of a carport with a zero lot line-setback. Section
26-15 (F) requires a five (5') foot side yard setback. In
addition both side yard setbacks must total a minimum of fifteen
(15') feet.
II. SITE
The property is approximately 10,275 square feet in area and
contains a single family dwelling. A garage is located within
the dwelling which is accessed from Saulsbury Street on the south
side of the property. Currently the residence. is setback six
(6') feet from the north property line and nine (9') feet from
the south property line. It is the south side of the residence
that the applicant would like to construct the carport. This
would leave a zero (O) lot-line setback on the south property
line and a six (6') foot setback on the north property line.
Thus the need for a nine (9') foot variance.
III. 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.
2.
3
4.
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 only under the
conditions allowed by the Residential-Two regulations; and
Is the plight of the owner due to unique circumstances.
The plight of the owner is not due to unique circumstances;
and
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
zero lot-line side yard setbacks within the immediate area;
and
Would the particular physical surroundings, shape or
topographical condition of the specific property involved
result in a particular hardship upon the owner as
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-17 Page 3
distinguished from a mere inconvenience, if the strict
letter of the regulations were carried out.
There are no particular physical surroundings, shape or
topographical condition that would 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 other properties
within the same zoning classification.
Conditions upon which this petition for a variance is based
would be applicable to other properties 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;
No difficulty or hardship has been created by the applicant;
and
8. Would the granting of 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 could be detrimental or
injurious to property or improvements within the
neighborhood as the applicant is applying for a zero lot
line setback; 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-93-17
IV. 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 only under the
conditions allowed by the Residential-Two regulations; and
2. The granting of this variance would alter the essential
character of .the local neighborhood as there are no other
zero lot line side yard setbacks within the immediate area;
and
3. There are no particular physical surroundings, shape or
topographical condition that would result in a particular
hardship upon the owner if the strict letter of the
regulations were carried out; and
4. Conditions upon which this petition for a variance is based
would be applicable to other properties within the same
zoning classification; and
5. The granting of this variance could be detrimental or
injurious to .property or improvements within the
neighborhood as the applicant is applying for a zero lot --
line setback.
Based on the conclusions derived from the preceding, staff would
recommend that Case No. WA-93-17 be DENIED.
CI
WHEAT RIDGE BOARD OF ADJUSTMENT
MINL ~ OF MEETING: October 28, 1993 Page 9
No further questions were asked of the applicant.
Motion was made by Board Member ABBOTT, that Case No. TUP-
93-8, an application by Greg Munchiando, be APPROVED for the
following reasons:
1. The property is zoned Industrial and is surrounded by
industrial zoning and uses.
WITH THE FOLLOWING CONDITIONS:
1. A plan for construction will be submitted prior to the
expiration of the Temporary Use Permit.
2. The heat in-the trailer shall be electric or natural
gas.
3. The Temporary Use Permit will be for one year.
Motion was seconded by Board Member DOOLEY. Motion carried
5-0. Resolution attached.
E. Case No WA-93-17: An application by Jenary and Irene
Pisicchio for approval of a 9' variance to the requixed side
yard setback in a Residential-Two zone district for property
located at 4425 Saulsbury Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member ABBOTT asked to see the aerial to check
setbacks, and Mr. Moberg replied there was not one made for
this property. However, most houses have setbacks to code
and single family garages in this neighborhood, with the
exception of the one house to the north (which looks like
the old farmstead that used to be on that property).
Board Member ABBOTT. asked so this neighborhood has not
evolved like some have where their are a lot of
encroachments, and Mr. Moberg replied no, there are very few
additions in this neighborhood.
No further questions were asked of staff.
The applicant, Jenary Pisicchio, 4425 Saulsbury Street, was
sworn in. Mr. Pisicchio said he has applied for the carport
variance for shelter for his car. The neighbors to the
south where the carport faces would be the ones most --
affected, and they were going to come to the meeting tonight
but did not want to come out in this bad weather. Mr.
Pisicchio entered into record, a letter from these
neighbors, labeled Exhibit 'A'.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 28, 1993 Page 10
Board Member ABBOTT asked if this would be a one-car
carport, and Mr. Pisicchio answered yes.
Board Member ABBOTT asked if the applicant has an existing
one-car garage, and Mr. Pisicchio replied yes, but he has
two cars and needs the shelter for the second one.
Board Member ABBOTT added the Board does need to £ind out
specific hardship to allow something like this, other than
wanting to get-the car indoors. The only hardship created
is getting the second car indoors.
Board Member ABBOTT asked if there was a possibility of
moving the structure into the back yard, and Mr. Pisicchio
said it would be more expensive, plus there is an existing
tree that would have to be removed.
Mr. Pisicchio asked would a variance be needed then, and
Board Member ABBOTT answered no. The applicant said at his
age he feels it-would be to expensive to do that now.
Mr. Moberg said a carport could be built in front of the
existing garage. The setback is 35 feet so the. applicant
could very easily come out 18-20 feet from the existing
garage, then at least the applicant could shelter two cars.
Chairman HOWARD asked staff if that action would require a
variance, and Mr. Moberg answered not if the setback were
maintained at 9 feet. Discussion followed regarding
alternatives.
Board Member ABBOTT asked the applicant what he thought of
the alternative of putting the carport in front and parking
the cars in tandem. Mr. Pisicchio asked if the carport
could be covered on all sides, and Board Member ABBOTT
replied yes. The applicant agreed that would be acceptable.
Motion was made by Hoard Member BERNHART, that Case No. WA-
93-17, and application by Jenary Pisicchio, be DENIED for
the following reasons:
1. Granting this request will establish a precedent in the
area.
2. There is an alternative location for the carport.
Motion was seconded by Board Member DOOLEY. Motion carried
5-0. Resolution attached.
Chairman HOWARD stated the request fora variance has been
denied, however, the Board feels there are alternatives.
Discussion followed regarding obtaining a building permit.
.~` ~
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, 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 28th day of October 1993.
CASE NO: WA-93-17
APPLICANT'S NAME: Jenary and Irene Pisicchio
LOCATION: 4425 Saulsbury Street
Upon motion by Board Member BERNHART seconded by Board Member
DOOLEY the following_Resolution was stated. _
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-93-17
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 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-93-17 be and hereby is DENIED.
TYPE OF VARIANCE: A 9' side yard setback in a Residential-Two
zone district.
PURPOSE: To construct a carport
FOR THE FOLLOWING REASONS:
1. Granting this request will establish a precedent in the
area.
2. There is an alternative location for the carport.
VOTE: YES: Abbott, Barnhart, Dooley, Howard and Reynolds
NO: None
DISPOSITION: Variance denied by a vote of 5-O.
DA •D this 28 h day of October, 1993.
R ERT HOWAR Chairman Mary L u C apla, Sec et~ar~y
Board of Adjustment Board o Adjustment
760D WEST `k'TH AVENUE __ _Tf7@ (il(j/ Ol
P.O. BOX 638 _ _-
WHEAT RIDGE. C080034~0636 _ ~ _ - (303) 234-590C cwheat
City Admin. Fax ~ 234-5924 Police Dept. Fax # 235-2909 - - ~idge
November 12, 1993
Jenary Pisicchio
4425 Saulsbury Street
Wheat Ridge, CO 80033
Dear Mr. Pisicchio:
Please be advised that your application for a variance; Case No.
WA-93-17, to the Board of Adjustment was DENIED on October 28,
1993 by a vote of 5-0. See attached resolution.
If you have any questions, please feel free to call the Planning
Department at 235-2852.
Sincerely
CITY OF WHEAT RIDGE PLANNING DEPARTMENT
~~ x,. ,, i..n r~,: ~.,,