HomeMy WebLinkAboutWA-93-3The Cify of
Wheat ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
b 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Owner T. ~l . ~ryj y,~ fl Address
Location of request
fc'f,-!~
+~e~s~cu3
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
request
9e1T -.ems
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 in the described-real
property, as owner, mortgagee, lessee, optionee, etc.
S
PHONE
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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 req e n nnot lawfully be accomplished.
Applicants other than owners must sultk~ t pow r-of-attorney from the owner
which approved of this actin on b~S'b alf
Signature of Applicant
Subscribed and sworn to me this ~ day of ~ 19 7~
~ ~ ~o. ~ ~ ~,~ et
_-.Si~.to~t D~zhJ~c.
CITY QF WHEAI" RIDi3E
7SGr? W 2'jTh} AVE. , F'. CI. EtOX G38 -
WHEAT IT.'IDLiE, CDLQRADd SOg3c}
DATE PATD: f"EIS Oi, 1'373
RECEIVED r• r-.C7M: T.J. AMMON
DESCr:IPTIDN: BQA VAFIANCG
AMOUNT CI-iEC:k:e `~50. Ui?
~_:ASH: 2C.?, ~rcj
c:HAr'~E: ~o.Of~
MONEY ORDEf;: ~C?, cjci
~: HECI:: N0: 17c}9
AMCIUIVT RECEIVED: ~SO.ntr
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QF'f--': ID: Al`7W F.'ECEIP'T MO: 53C?21
t... 61067 2~,~1 +ynaaLr tr'pr ~r ~~
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~ Reception No-~_-_ -~:re~~iNT~~rder. '
RPA9RDER9 ST.4NP
TNIS DEED. Made thix 14th day of Septellter .1982,
• between KA'14II.EfS1 Trvrrcc A[fiLN a/k/a RA1fCEQ7 L. Abi+YDl
of ehe -- County of Jefferson and stateof
:~ ~ Colondo. of thenntpart. and ~` Jp~ prgy~7 g~J~g
`~ J. AM•fIJ
tV
rn .trouekid addreav tv 3375 IYLim Street, FtlOat Itidgee
~' of the Counq~of JefferffiQt andatateof t
~ Colorado. oftheurond part.
~W WITNESSETH. That the said part}r ofthe tintDart. ter and in conxidrration of thr sum of
_ V7 t,'O',7D AHI7 VALUABLE ~•1SIffi1iAT1CN- -•pDD®ppp(
.4 tolhe uid Part~r ofthe firxl part in hand Paid by the ofd part lr oftheserund parAthe nre(Dt whereof
11_ ~ is hereb)• eanfeaud and arknuwledped. hag remised, rdeaxtd, xold. eonre>ei and QU17 CLAIMED, and by three
presenq do eS remiu.releaae. relLcam~q'and QUITCLAIM unto the uid parr ~r of the severed part )1lS heir,
aueroaun and ueiRnx.forever. all lhr right.titlq interext.chim and demand which [he raid Dart lr ofthe tint part
has' in and[o lhrlollowin¢dnrribed lot or parcel of land sitnate.lyinR+nd beinRmth~ ----County
of Jefferson and State of Colorado. to wig:
Inks 53 and 54, AppleaAiod Village
O+Fraivisi~t, Scoured Filing, Nlgltty~
of Je£feLSOn
i
(No dectalr_ntary fee required; transfer is part of a dissolution
settler-nt in Jefferson Camty Dtw+-.+.~r ~t A(:ttat 82 ~t 1188.)
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alxoknnrnax xtrcrt and nunihrr 3375 Unitm Street, Shceat Ridge„Colorado 80033 i
TO BA\'E AK1)TO HOLD the xame, te¢et her with ell and xin¢u6r thr appurtenances end privilr¢ex thereunto
brlon¢:nR or m anya•isr thrreunto nppertvininR, and all thr estate, right, title, interest and claim whatspemr. olthe !~
said part 3r afthefini part.rrther in law arequiq•. to the only pruperuu. benefit and Lehoof tithe said part}r of ~!
the :erond par[. )]i5lmin end axxi¢nx forever.
ISN'ITSE$S If NE.RF:(IF. The :aid pant of the hrxt part has herenntn tj7p-r hod
vnd xral Uirdva•an•l prar6nt above wri[t.~n. 4
~- JJ ~ rya-~~SEAL) Ij
SiRned.Sealed and La•lierrrd in the l•roen:rof Rat)11eP31 )11i3e Almon
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-(SEAL) '
CTATE f1F'f(1LORAU(1, i;
ax.
---- County bf Jeffei-SOn
ThefereROinR inxtrvment wax acknowbd¢ed Lefore methix 14th da)rof Septeli)er it
is 82,by !(athleen Louise Pltltlmg a/kla Ratileelg L. Atmotl. l~
hly eommixxion eapirrx Jtme 7
7~;:~
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.19 93, R'itneas my hand and official ual.
r. Bar Wen)Arhlk.
a; 12600 Nest 32nd Avenge,, t Ridge;.CO. 80033
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NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on February 25, 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- 3-1: An application by Robert R. Isbell for
approval of a variance to allow a six foot fence to be
located within the minimum required frontyard setback as
regulated by Section 26-30(1)(1) for property located at
approximately 3400 Holland Street and is legally described
as follows:
Beginning at a point which is 331.4 feet West and 417.95
feet South of the NE corner of the SE 1/4 NW 1/4 of Section
27, Township 3 South, Range 69 West; thence South 91.65
feet; thence West 150.7 feet; thence North to the South line
of right-of-way of the Rocky Mountain Ditch; thence in an
Easterly direction along the South line of the right of way
of said ditch to a point which is the SW corner of a tract
of land described in Deed to J.E. Petticrew dated September
22, 1944, and recorded in Book 496 at Page 112, thence East
to the True Point of Beginning including:
A parcel of land located in the southeast 1/4 of the
northwest 1/4 of Section 27, Township 3 South, Range 69 West
more particularly described as follows: Commencing at the
southwest corner of a parcel of land described in Book 2872
at Page 449 in the office of the Jefferson County Clerk and
Recorder; thence N89o53'42"E along the south line of said
parcel a distance of 93.64 feet to the center-line of the
Rocky Mountain Ditch as described in Book 1571 at Page 36 to
the Point of Beginning; thence continuing along the center-
line of said ditch the following courses and distances;
1. 855°39'06"W a distance of 6.68 feet; 2. thence S71o
39'06"W a distance of 10.00 feet; 3. thence 878°39`06"W a
distance of 20.00 feet; 4. thence N89°20'54"W a distance of
20.00 feet; 5. thence NS1o20'54"W a distance of 20.00 feet;
6. thence N74o20'54"W a distance of 20.00 feet to the east
line of Holland Street as recorded in Book 980 at Page 39
from which the southwest corner of said parcel of land
described in Book 2872 at Page 449 bears NOOo09'05"E along
said east line a distance of 2.05 feet; thence 800°09'05"W
along said east line of Holland Street a distance of 18.16
feet to the southerly right-of-way of said ditch thence
along said southerly right-of-way the following courses and
distances;
1. 874°20''54"E a distance of 16.22 feet; 2. thence S81o
20'54"E a distance of 22.29 feet; 3. thence 889°20'54"E a
distance of 23.06 feet; 4. thence N78o39'06"E a distance of
22.91 feet; 5. thence N71o39'06"E a distance of 13.53 feet;
6. thence N55°39'06"E a distance o£ 14.76 feet; 7. thence
N40039'06"E a distance of 3.83 feet; thence N49°20'54"W and
perpendicular to said southerly right-of-way a distance of
17.50 feet to the center-line of said Rocky Mountain Ditch;
thence along said center-line 540039'06"W a distance of 1.53
feet; thence continuing along said center-line 555039'06"W a
distance of 3.32 feet to the Point of Beginning; containing
1908.68 square feet more or less. County of Jefferson,
State of Colorado.
2. Case No. WA-93-2: An application by U.S. Outdoor
Advertising for. approval of a nine foot variance to the
maximum height of 32 feet allowed for a billboard as
regulated by Section 26-412 for property located at 12351
West 44th Avenue and legally described as_follows:
Public Storage Amendment No. 1 Subdivision,
County of Jefferson,
State of Colorado
3. Case No. WA-93-3: An application by T.J. Ammon for approval
of a 20 foot variance to the minimum 30' frontyard setback
allowed in a Residential-One A zone district as regulated by
Section 26-13(F). Property is located at 3365 Union Street
and is legally described as follows:
Lot 54, Applewood Village Subdivision, Second Filing
County of Jefferson, State of Colorado
C
Mar of Ghapla, Se retary
ATTEST:
Wanda Sang, City Clerk
To be published: February 11, 1993
Wheat Ridge Sentinel
P.O. UOX 678 TELEPHONE 70]237.69~~ The City cl
7500WEST29THAVENUE.WMEA7RIOGE.LOLORA00800Ii wheat
Ridge
POSTING CERTIFICATION
CASE N0. _(.C-1/9 - q3 - .3
PLANNING COMMISSION /- CITY COUNCIL BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~J / 'SJ/~3
( name )
residing at ~3 ~ ~i7~/ ps~ V T
( a d d r e s s
as the applicant for Case No. L{JA~ _ ~ ~ `V~ , hereby certify
that 2 have posted the o
N
t ice of Public Hearing at
~3v' o V'~ ~~
//
U/r~lD~ SST, ,
c t o c a c i o n• )
~9 ~3
on this ~Q ~ day of ~~+(3fj'1.~L}~~? , ~ , 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 t sition shown on the
map below.
Signature:
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 City of
750n WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cWheat
Ridge
February 10, 1993
This is to inform you that Case No. wA-93-3 which is a
request for approval of a 20' variance to the minimum 30' front yard
setback
for property located at 3365 Union Street (vacant land)
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 February 25, 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 Bearing 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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P.O. BOX 638- TELEPHONE: 303/237-6944 ThC City Of
k
7Fa`JO WEST 29TH AVENUE • WHEAT RIDGE. COLORADO 80034 heat
Ridge
~s~.~_~~
March 1, 1993
This is to inform you that Case No. WA-93-3 which is a
request for approval of a 20 foot variance to the minimum 30` front yard
setback allowed in a Residential-One A zone district
for property located at 3365 Union 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 March 11, 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
TO: BOARD OF ADJUSTMENT Date Prepared: February 16, 1993
Date of Meeting: February 25,1993 Case Manager: Greg Moberg
Case No. & Name: WA-93-3/AMMON
Action Requested: Approval of a twenty (20') foot variance to
the minimum thirty (30') foot front yard setback as regulated by
Section 26-11 (F).
Location of Request: Approximately 3365 Union
Name & Address of Applicant(s): T. J. Ammon
3375 Union Street
Wheat Ridge, CO 80033
Name & Address bf Owner(s): Same
Approximate Area: 11,000 Square feet
Present Zoning: Residential-One A
Present Land Use: Vacant-
Surrounding Zoning: N: & W: R1-A; E: & ~: R-1
Surrounding Land Use: N, ~: & ~: Single Family E: Park
------------------------------------------------------
Date Published: February 11, 1993.
Date to be Posted: February 11, 1993
Date Legal Notices Sent: February 10, 1993
Agency Check List
Related Correspondence
ENTER INTO RECORD:
( ) Comprehensive Plan
( ) Attached (XX) Not Required
( ) Attached (XX} None
-------------------------------
(XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Exhibits
( ) Subdivision Regulations (XX) 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. __
I. REQUEST
The applicant is requesting approval of a twenty (20) foot
variance to the minimum allowed front yard setback required for a
residence in a Residential-One A zone district_ The request
would allow the applicant to construct a residence outside of the
100-year floodplain.
II. SITE
The property is approximately 11,000 square feet in area, zoned
Residential-One A and partially located within the floodplain.
Currently Union Street which is located directly to the east of
the subject site is sixty (60) feet in width and is unimproved.
The applicant was applied for and was denied a right-of-way
vacation of Union Street. The application was actually approved
by Council on January 11, 1993 but was vetoed by the Mayor the
next day. The Council could not get-the 2/3 majority vote to
overturn the veto and therefore the vacation was denied.
Currently Staff is preparing another Ordinance to vacate a ten
(10) foot strip along Union Street. Part of the problem is that
the. current width of Union Street is sixty (60) feet and the
street designation is "local". A local street improved width is
forty (40) feet, this would leave ten (10) feet of right-of-way
on both sides of the improvements.
The applicant is asking for a twenty (20) foot variance from the
existing right-of-way allowing for a ten foot setback.
Regardless of whether the ten (10) foot vacation is approved or
not the setback from the back of sidewalk would in effect be
twenty (20) feet.
III. 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
the conditions allowed by the regulations for the district
in which it is located?
If the variance is not granted a building footprint. of not
more than 30' by 30' would be allowed by right if the
applicant does not request a Floodplain Special Exception.
This allows for only a 900 square foot footprint, much
smaller than the existing residential footprints within the
area. It is therefore reasonable to assume that if
permitted, only under the conditions allowed, the property
can yielding a return in use however whether it would be
reasonable or not is questionable; and
2. Is the plight of the owner due to unique circumstances?
The plight of the owner is due to unique circumstances as
2/3's of the property is located within tt~e floodplain, the
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-2
Page 3
existing right-of-way exceeds the width of the possible
improvements and the right-of-way is unimproved; and
3. If the variation were granted, would it alter the essential
character of the locality?
The granting of this variance will probably not alter the
essential character of the local neighborhood as there are
only three (3) residences located along Union Street and the
property to the south can actually build five (5) feet
closer than the subject site as that portion of Union Street
right-of-way is narrower. In addition the gulch splits the
property to the south; and
4. Are there any particular physical surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship?
A large portion of the property is located within the Lena
Gulch 100-year floodplain. As the City discourages
development of floodplain property a hardship is placed upon
the property, whereby approval of this request would reduce
the hardship; 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?
Because hardships and unique circumstances have been found,
conditions upon which the petition for a variation is based
would not be applicable, generally; to the 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 o£ the property?
The desire is to build a residence outside of the 100-year
floodplain; and
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 the applicant and/or his
contractor; and
8. Will 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 will not be injurious to other
property or improvements in the neighborhood; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-2 Page 4
9. Will the proposed variation would not impair the adequate
~ _r_
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 will not impair the adequate
supply of light or air to adjacent properties, nor increase
the congestion of public streets or increase the danger of
fire or public safety.
IV. CONCLUSIONS AND RECOMMENDATIONS
Based on conclusions derived from "Findings of Fact", staff has
the following comments:
1. The plight of the owner is due to unique circumstances as
2/3's of .the property is located within the floodplain, the
existing right-of-way exceeds the width of the possible
improvements and the right-of-way is unimproved; and
2. The granting of this variance will probably not alter the
essential character of the local neighborhood as there are
only three (3) residences located along Union Street and the
property to the south can actually build five (5) feet
closer than the subject site as the right-of-way is
narrower. In addition the gulch splits the property to the
south; and
3. A large portion of the property is located. within the Lena
Gulch 100-year floodplain. As the City discourages .
development of floodplain property a hardship is placed upon
the property whereby approval of this request would reduce
the hardship; and
4. Because hardships and unique circumstances have been found,
conditions upon which the petition for a variation is based
would not be applicable, generally, to the other property
within the same zoning classification; and
5. The desire is to build a residence outside of the 100-year
floodplain; and
6. The granting of this variance will not be injurious to other
property or improvements in the neighborhood; and
7. The granting of this variance will not impair the adequate
supply of light or air to adjacent properties, nor increase
the congestion of public streets or increase the danger of
fire or public safety.
Therefore, staff would recommend that Case No. wA-93-3 be DENIES.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993 Page 6
Motion was seconded by Board Member ROSSILLON.
Board Member BERNHART asked staff if there was any
confirmation that the top of this billboard is 41 feet, and
Mr. Moberg replied only that we were told that, however as a
condition the sign height could be verified. Discussion
followed. Board Member BERNHART at that time offered two
friendly amendments.
FOR THE FOLLOWING REASON:
4. There is vegetation adjacent to-the billboard which
creates a unique situation in terms of visibility, and -
WITH THE FOLLOWING CONDITION:
1. The top of the billboard be verified to be no higher
than 41 feet by an independent, outside source before
the panels are added.
Motion carried 8-0. Resolution attached.
C. Case No. wA-93-3: An application by T.J. Ammon for approval
of a 20 foot variance to the minimum 30' front. yard setback
allowed in a Residential-One A zone district as regulated by
Section 26-13(F). Property is located at 3365 Union Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member BERNHART asked how close is the deck on the
property to the north to this property, and Mr. Moberg
answered Mr. Ammon does own both of these properties, but
believes the deck goes across the property line.
Board Member ABBOTT wanted to know what the 10' strip was to -I
the west, and Mr. Moberg answered that just illustrates the
rear setback.
Board Member ABBOTT asked another route. for the applicant to
go is to ask for an exception for the back side to encroach
into the flood plain, and Mr. Moberg said he could apply for
that, however, it is a much more expensive process and there
is criteria he would have to meet.
Chairman HOWARD questioned who asked for. the right-of-way
width reduction request that is coming in, and Mr. Moberg '
answered staff. The request is for a 10 foot vacation along
the entire length of Union Street, and if this variance is
granted, would make this a 20 foot setback. The applicant
is requesting a 20 foot variance from the existing right-of-
way line, not the proposed.
..
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993 Page 7
Chairman HOWARD asked if the proposed reduction staff is
initiating will make the right-of-way 50 feet wide, and Mr. '
Moberg replied yes, and that is still 10 £eet greater than a
local. street requirement.
Board Member HOWARD wanted to know what the right-of-way
width is on the south side of Lena Gulch; and Mr. Moberg
said currently it is 55 feet.
Board Member ABBOTT asked when this vacation proposal be
heard, and Mr. Moberg replied the Planning Commission will.
hear this on March 18, then it will be 6 weeks before .City
Council will hear this on the second reading. Staff is not
recommending this variance be adjusted to the new property
line if the property is vacated back to the owner, it would
be from the existing right-of-way line.
Mr. Moberg added if the vacation is not granted and Union
Street is improved, there would still be a 20 foot setback
from back of walk.
Board Member HOWARD asked what the front yard setback is on
the house immediately north of this property, and Mr. Moberg
answered approximately 30 feet.. _.
No further questions were asked of staff:
The applicant, Terry Ammon, 3375 Union Street, was sworn in.
Mr. Ammon said he does agree with the staff report, but did
some research on front yard setback variances, and came up
with a list of over 40. He cited three in the immediate
area.
Board Member BERNHART asked how far the north wall of this
house be from the deck, and Mr. Ammon replied the deck is
almost exclusively on the other lot, however the deck will
be coming down.
Board Member ABBOTT said to the applicant that the eleven
variances mentioned earlier seems extraordinary, and Mr.
Ammon explained it was part of a subdivision.
Board Member ABBOTT asked Mr. Ammon if he gave any thought
to moving the house back so the request would not be so
extreme, and Mr. Ammon replied one factor is expense and the
request tonight is the most cost effective for him.
Mr. Ammon said he has waited two years for this street to be
vacated. The City decided they did not-want the right-o£-
way for the park and neighbors overwhelmingly decided they
did not want the parking lot, so there is-plenty of access
to the park on the east and northeast side of Lena Gulch.
.~
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993 Page 8
Mr. Ammon feels it does not make much sense to improve the
property when it will only gain access up to West-35th
Avenue.
Board Member ABBOTT asked Mr. Ammon if there was a reason
why he did not wait the two months or so until after the
vacation hearing, and Mr. Ammon answered time. Discussion
followed.
No further questions were asked of Mr. Ammon.
Board Member ROSSILLON asked staff if this case is denied
wat would the applicant have to do, and Mr. Moberg replied
he would have to apply again to the Board for a Special
Exception. Staff then would refer it to Urban Drainage and
Public Works, then it would be up to the Board to approve or
deny the request.
Board Member ABBOTT said assuming the Planning Commission
vacated part of that right-of-way and this was denied
tonight, could the applicant come back right away with a
different request such as a 10 foot variance, and Mr. Moberg
said yes, since the request was for 20 feet the Board could
reduce that request. The Board could even decide to deny
the applicant outright and let him deal with what is going
to happen after the vacation.
Chairman HOWARD added that was assuming the vacation is
granted, but if the vacation is not granted the applicant
would have to wait one year to come back in to re-apply.
Mr. Ammon spoke again saying this is a unique area but the
house will not stick out like a sore thumb. Board Member
BERNHART asked Mr. Ammon if the road is developed,-will the
east side of .this house be closer to the road than the three
houses to the north, and Mr. Ammon answered yes. Board
Member BERNHART said these three houses are in line, but the
house with the variance will be 20 feet further east, and
Mr. Ammon again replied yes.
Board Member BERNHART asked staff when will this road be
improved, and Mr. Moberg replied vacations now are taken on
a site by site basis as the present administration wants to
keep all options open. Mr. Moberg spoke on the character of
neighborhood and other variances and noted the houses to the
north are all owned by the same family. He did say staff
does not feel this request will deter from the character of
the neighborhood.
Motion was made by Board Member ROSSILLON that Case No. WA-
93-3, an application by T. J. Ammon, be APPROVED for the
following reasons:
...
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: March 11, 1993 Page 9
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 do support the granting of this
request.
2. The plight of the property owner is due to a unique
circumstance in that at least-two-thirds. of-his
property is located within the 100-Year Flood Plain.
3. The applicant has a desire to build without the effects
of building in the Flood Plain.
4. Granting this variance will not be injurious to other
property owners in the neighborhood.
Motion was seconded by Board Member REYNOLDS.
Board Member ABBOTT offered a friendly amendment:
5. The existing right-of-way of 60 feet is excessive when a
local street requirement is only 37 feet.
Motion carried 8-0. Resolution attached.
4. CLOSE THE PUBLIC HEARING
5. OLD BUSINESS
6. NEW BUSINESS
Discussion followed regarding having a study session and _I
consensus was to have staff determine the date.
7. ADJOURNMENT
Motion for adjournment was made by Board Member ROSSILLON,
and seconded by Board Member DOOLEY. Motion carried 8-0.-
Meeting was adjourned at 9:29 p.m.
Mar u Chapla, Secretary
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-93-2 DATE: February 25, 1993
REQUEST: ~ application by U. S. Outdoor Advertising for approval of a nine foot
variance fo the maximum height of 32 feet allotaed far a billboard as regulated by
Section 26-412 for property located at 12351 W. 44th Avenue.
~ ~ Position On Request;
~ ' (Ple Ch k) '
'S NAME ~
1~c~(,U11~•
~ ase ec
i IN FAQ'! OPPOSED i
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I
,
.,~. , .
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 11th day_of March 1993.
CASE NO: WA-93-3
APPLICANT'S NAME: T.J. Ammon
LOCATION: 3365 Union Street -
Upon motion by Board Member ROSSILLON seconded by Board Member
REYNOLDS the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer;. and
WHEREAS, Board of Adjustment Application, Case No. WA-93-3
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-93-3 be and hereby is APPROVED.
VOTE: YES: Abbott, Albertsen, Bernhart, Dooley, Howard, Junker,
Reynolds and Rossillon
NO: None
DISPOSITION: VARIANCE GRANTED BY A VOTE OF 8-0.
TYPE OF VARIANCE: A 20' to the minimum 30' front yard setback
PURPOSE: To construct a single-family
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 do support the granting of this
request.
2. The plight of the property owner is due to a unique
circumstance in that at least two-thirds of his property is
located within the 100-Year Flood Plain.
3. The applicant has a desire to build without the effects
of building in the Flood Plain..
4. Granting this variance will not be injurious to other
property owners in the neighborhood.
5. The existing right-of-way of 60 feet is excessive when a
local street requirement is only 37 feet.
~ ~ ~~`~~ `:CGS.,
OWARD, Chairman Mar o Chapla, Secretary
Board of Adjustment Board o Adjustment
D TED thinps 11th day of March, 1993.
~ ~C ~~
R B•RT H