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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 2 ~ 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 s ~~7v'' ).~nr'rn~b 'S~-' Phone~.4~1°'®at},g a QF'f--': ID: Al`7W F.'ECEIP'T MO: 53C?21 t... 61067 2~,~1 +ynaaLr tr'pr ~r ~~ i ~j --- Rer-rdeaa~- ---«k_'a- --- - ------1 t • ~ 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.) ~. 1 n ~i I~ 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$S If NE.RF:(IF. The :aid pant of the hrxt part has herenntn tj7p-r hod vnd xral Uirdva•an•l prar6nt above wri[t.~n. 4 ~- JJ ~ rya-~~SEAL) Ij SiRned.Sealed and La•lierrrd in the l•roen:rof Rat)11eP31 )11i3e Almon - -{SEAL{ - )SEAL) l~ __ li -(SEAL) ' CTATE f1F'f(1LORAU(1, i; ax. ---- County bf Jeffei-SOn ThefereROinR inxtrvment wax acknowbd¢ed Lefore methix 14th da)rof Septeli)er it is 82,by !(athleen Louise Pltltlmg a/kla Ratileelg L. Atmotl. l~ hly eommixxion eapirrx Jtme 7 7~;:~ ~. a' `rrp ~ = ~CF .19 93, R'itneas my hand and official ual. r. Bar Wen)Arhlk. a; 12600 Nest 32nd Avenge,, t Ridge;.CO. 80033 .. ,~ ,~) i 1 . Ne. tlt. gl•ITQ.UN OL(D._4YMNWn..y nth WeuNtaA GWa.CatwW bNt-11QIDaaN1~]aa 1 ~ fr a ;~~ tY' 1: vy'~ rt'4 3w ~i m~yi k 4 i 1 t Z~ RIGHT-OF-WAY MAP _ sn' a I P(30-29) o 0] "~ K 1-i a ~ ~ 1 I i i A I ~~ n I O N ,.~ I Nip I ' NOS a N m ~ rn I I ~ G rt ~ a n 60' a i _ P(74-49) :':•: 30' P(22-56) ? ~ ;.; P(61-6G) 63) ~;';~~ /PUBLIC LANG P(19- rt:: • : ;: ~ .60. y M1•• ~ 1 f ~ y ~ cl P( t~S` ~ J ~z ,a~: +¢: e+ _ / S~~ ., : i x : Fz y~. i ~P E~ S~$~ ~ ~ ~~ v / ~ P(21 -19) / rn ~~`+ G~ ~ J~ .' f6~_ ~ 6G~ ti U C(21' R ,SS, SG' iJ !- P(6l-FGj . iY 2$~ )562 - P(1 315-177] 1 w ~z~tu vt_ _ CI i~ t ss• ~ I ~, ~ ^~~Y Vl~ ~, F'(21-19) as ~~ I°~ :SO' N:°w ~ ^ PAVED N .... ~$ GRAVELLED UNIMPROVED r 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" --°~ :---~ -`m m m ~ N~ 0 1Q f° 7~ 'm 3 w I P 923 920 205 (n n m m ~ m ~ma O -~ T y ~ O ~ ~ n am o _ - ~ _ ,_. - P 923 92~ 2®4 "D W v Cmi m U) ~D ~ m n ~{ m ~I Z ]7 ~ o ~ '`' o • n nu, p =.,; '.' ~ ~ of o y n ZZ C~ O y0 P 923 920 203 p (A m m m ~ ~ N Z -~ ~ ~ a m -1 z ~ ~ ~ o ~ a ' ~ ~ F( o n ~px {)Q W 9 n p 44 ~ ++ On ` T ¢ y 51 m O 9 O r ~a y ~ T rt~0 ~ TD <T Z ~B Q ~ OLl N \ m m (yJ TG < T9 m n m -~i O n m T m 0 3 D r IMPORTANT. \ ++ 0 n i a 3 9 i x i] m~ _- _ - .~.. PLACE STICKER AT 70P OF ENVELOPE TO I THE RIGHT OF RETURN ADDRESS. J, _. w~.•. •o ••.m ?I`~~~a_R~b'b'oI c' c mA a~9~ ' I W m ~ y o y33 > nA ~~ I 3 N ca~H N i j I ~ pDO Q 4. z a r 8 mn~ $~~ yyy ~ oao v ~ (~ ~ ~ ~ p? S N 6 6 N (o O ~ G U ~ vy . ~_-p ] n mm iQ tD . g ~.4oa- ' n ~ ~ o_ a ' 4£ ~ 3 ~~g+ o W -_- 4a -.__. ~~~~_ _ -- - - ~ (A U? D ~~m~?33m O ~ i A 'T -m9 - ~ v m m ` n~~~ms °~~o ' I~ W c n, cc. -- = f ~ ~ ~ I wv'i y ADS I ~ ~ m3 ~ y ~ ~ a ~ m ' dd ~ ~ ~ n r° a 'o.3a Z v a ~' o mad gdo m ~ 'Q 48 F °r~ 3 N a+ru y H 60 ~ 3 ~ S aa m I (O " ~ 6 S 3 J30 N O ~F f~ ~ m N E ~ _ jj ~ _A 3 ~~ _ _ - - - - _ ~ w~..:o ...m I, ~ ~ (/i (n Dm-~~a ~~nz o~ dg m ~ ~ m £ ~ =aa x 133' N `°~nA ~ 3 ~v Nm 3~u~ ° W = ~mm Pr' O ~ a I W W ~ H PP t+ m ~ j I ~ , A3 iye m ~ ~ ~~~ ~ Z ° m n ~ ~v~ I ~ ~; ~ t < T ,N mt uu E a ~ n 6 ~ a ^ 3 a ~ a ~~m ~ a: ~} ~ NN, A~ tP Z ry ~ p.-o S S V{ii ~ '3 N W CSC' N pM O 44 ~ 3 ~~~ y 9~F { `~ ~ N ~3'D <~a ~' ~ o ~ 3 a OJ V a ~ v oa ° Q ~ a < o ~ m m o• ~ ~~ m N .~ (n '^ '~ c ~ ~ ~ -1 ~ ~ ~ v N n c y ~ m ~ °-. ~ a~ o W ~ _ y d `G ~ ~ 9 6< ~ m a m ~ N . ~ N o m~ 3 - I w ' N 3 m N v$ N ~ Z 7 a O v p`°-om N ~! ~ . ~ ~ A I y d ~ PI , . ~~a=~ m a m y w~ -` ~ m y ~ 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" T ~ N ~ m P 923 923 133 ~ ~ 3 ~ ~~ 1 _W ~ ~U li ~° i i ~`-j D D ~ . O W O O m n m v 0 m r m v D Cn m ~+zi .~ ~, o 4Z m m m m ~ m~i z ~ ~ a^~Z' l _- ~ ~ ,--- ' r m O m si o ~ _ 0 a R+ P ~ g No " # Ki EE€33t zz o~ o~ ~ A_ rt P m m mi _n o gg ~ ~m ~} 9i ~ m ~ ~~ y l ~_ o~ m ~ m om 1 ~a ~m ~~ ~_ ~ ~ ~ o - 6 d. IMPORTANP. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDPESS. _ ' __ f~-=--' ,~_ ~Sw~ w. ~Y ~4g!~1 '+1 ~ Gi SF ~ n C7 Tt E6 3:3 CO V Q ga <y a ~ < 3 ~ _ ~ N i ~ ~ ~ ~ v ~ m o ~a ~~ ~ ~ N ~ m Q ~ o 3 p~O Hy ~m'3 ~~~ oa p^ and $v,3 mR spa ~oQ a°~ a ~~m. < ~m m' ~ ~ ~~o S m° ~ m mQ-_ o ~F,a '3 ~~~ ~ =F ono ~ma a ~, oa= ~ 3 a D -~ ~ o m C7 N~ F_ C y ^ ^ (J y W ~ ~ d ~ O ~ z a m n = .D w ~ m ~ ~ ru a~~^o ~ N d N O N LJ m O y ~ ~ W o ~ a ~ ~ W '~ `m ~~ ~ w m m m m 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 ~ i i 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