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HomeMy WebLinkAboutWA-93-5The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phnna (30131 237-6944 Applicant p,~. ~. Address ~/~ 1(~h6.52 Phone~~'~~~/375 Owner ~n~n4-~ ~ c~G.~ev- Address ~g~1Gr' ~~cx~ o Phone~3~-.rf37~ 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 onconforming 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 e Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request ,2 ` slC~e ,~~e~,6Q L~C 1 ~C.t~ ~ -- Gt 5 ` 1-r±CtY ~-f'hC~c~ 1/cc.y~/a~r.<.e yJ) c~ 2- / ~. - List.-all persons and companies who hold an interest in the described real - property, as owner, mortgagee, lessee, optionee, etc. NAME _ ADDRESS PHONE SG w ch N __ _- - 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 a n on his beha f. Signature of Applicant j~.,c,~~~~. ed and sworn to me is ~~`day f db_C 19 ~/~ -. f Notary Publi ~Z~'~ ~~ .1/ ,; rn ~., SEAL ~ ~• /t~, D~,~ '',~`` •.;•~ryf~ My commission expires V .y ~~~.• Dat'~~ •••~~.`3zed .~ -. CJ - Receipt No. Case No. CITY DF WHEAT FIDGG 75ijU W :"9TH AVE., P.D. DDX f,38 ~_ WHEAT F,`IDC,E, CDI_f]P.ADD SOU3~f _- ~ DATE PAID: APF,' OS, 1'953 t-?EC:L"INFO F~:DM: FLDYD L. ~3IBSDN SR DESCF'IPTIDN: BDA AMOUNT DI-IECt': ~.~.rU.Oc7 CASH: ~O.O~j CHAR~3E: ~n,i~cj MONEY IIF:DEP: ~~J.O~j CHECk, IyD: 383 AMOUhlT r:ECEIVED: ~5Cj.00 DF'R ID: AMW !*:ECEIPT ND: 5~;~'73 i~ __ z 0 d w 3 LL' 0. c ~-- W N Q v z 0 z m ~, u~ F W 28TH AVE ~ ~r • DEED OF TRUST ........ THIS DEED OF TRUST ismadcthis...••••••••~lst-~--••••~•dayof...Apri •••••••• RobexK .,I .. ~~..&Sex , . a. sinBl e . p exs.on ........................... . the Public Trustee of (herein "Borrower"), Ig,77•~ among the Grantor,. • • • and the Beneficiary .............. '~~~~~~ Jefferson,,.....•.•••••••••••••Counq~(hercin"Trustee"), First. Federal, Saving• , .... • • ~ ~ ~ • • ps• c ~~~'~' °'£ •Denvex........, a corporation organize an ......... •.... sand Loan A o i $tat;~S... ., wi[osc address is....215. Snuth• the United, . • • • ' ' ' ' ' ' herein "Lender") existingg under the laws of • • ~ • • • ' ' ' ' Wadsworth , B oulevand , ,Lakewood , . Co loxad4 .. $ N~6 ~ • - " " " ' y rants • • • • $ORROwCRTiU5lC8'd111rtC 5t, withepowcbtoft sale~ttti! following Idcscr'bcdspropertyclocated inethc County of and conveys to State of Colorado: Jefferson ,.• ................ Lot 20, Block 9, OLING);R GARDL't`IS, County of 3efferson, State of Colorado ... Wheat.Ridge,•••••••" .........., telly[ which has the address oC. • • 2929 • Ch?,s@ •$t:~'e?t.. [Street] Colorado 80033 (hcrcin "Property Address"); [State and zip code] P p y and all casements, rig TOGF:TNER with all the improvements now or hereafter erected on the ro crt , appurtenances, rents (subject however to [hc rights and authontus given hcrcin to Lender to collect and aPP Y • as ri hts amd'~rofits• `H'ater, water rights, and water stock, and all fixtures nog tihall be r;ccmed [ rents), royalties, mineral, oil and g' • g to ether with said prof hereafter attached to the property, all of which, including replacements and additions t cre[o, . this Dccd of Trust; and all of the foregoing, g and remain a part of the property covered by (or the leasehold estate if this Dccd of 'Trust is on a leasehold) arc herein rcferreBoo owihs noto dated' • • • • • ' the re ra anent of the indebtedness evidenced by TX-S7XrTliQUSAND. ANA . . To St;cuRe to L°nder (a) hcrcin "Note" ), in the principal sum of .. ~~ roviding for mo 1977, , , ..... ( --poltars, with interest thereon, p April. 1,..... ____----..___rr---____ ..Np /J.Q,O.-----""'"--_--' ' ~ ~ ~.~ ~• ~ ~ n[ent of all other sums, with interest thereon, adv, installments of principal and interest, wtth the balanccthc hayindeb[edness, it not ` f` r nape dot the co enant: . Apxi~ .)-,.2007 ............. . tl[c re a mere[ of any future advances, with intcrest thereon, in accordance herewith to protect the security of thin Dccd of '!'rust; an t u p agreements of Borrower herein contained: and (b) P' ara~ta h 21 hmrcof (hcrcin "Futum Advances")• to Borrower by Lcndcr pursuant to p' 6" P cncrally tl Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the rig tt to g r crt is uncncunrbcred `and shat ~Icclar lions! ~ scmcnts, orl restricions listc~ convey the Property, that the I rop' Y to the Property against a[l claims and demands, subject Y schedule of exceptions to coverage in any title insurance Policy insuring Lender's intcrest in the Proper y. ~OLQRAp~.-1 l0 4 Family-fil75-FNMAIFHLMC UNIFORM INSTRUMENT L pT- 20, ~LOC k G~Li NL ~e G rr J~~FCr a oti "t COLUMBINE SURVEYING, 36Y6 SOUTH MAgIPO SA STREET ENGLEWOOD, COLOgA 00 SOTTO 76T- 2962 /,3c3 ' CI ,- ~ W Lo7Z~ n. 0. ~ N ~ ~$ v - - a 3_ ~ . N ~ h ' MI 8i. 24°- °dl-r a ~! fp - ti ~~ ~ ~ ~, GARIwc [ o ~-/9 /33' ~, N 34 s "' ~- N ~o ~Z9Z9 ~~3°rii / .~ro.E:Y ~' ,ems ~ ~~.+CC- n~ ~~ 405 N f N '---' G° MI N~ ~~~9z~ ~~i ~tJ N ~¢o y ~ -J ~.J N O T H 8C A LE IMPROVEMENT LOCATION CERTIFICATE UNDER MYEOIREOT HBUPERV 910 NP ON ETIiE16T OATEATIO'~arCh 18,11977 WASTHEAOIMPROVEMENT LOCATION IS BASED UPON EXI6TING CDNT ROL AS SHOWN HEREON, AND THIS CE RTIFIGATE IS NOT TO'6E RELIlO UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING OR ANY 'OTHER FUTUPE IMPROVEMENT LINES• THE IMPROVEMENTS, EXCEPT UTILITY CONNECTIONS, ARE FOUND TO BE ENTIRELY WITHIN THE BUUNGARIES OF TFiE' OESCR70c.7 PARCEL, EXO6PT AS SHOWN. FU RTMERM OR E, THERE ARE NO EN Cq OAOHMENTB UPON SAID PARCEL BY IMPROVEMENTS FROM ANV ADJOINING PREMISES. EXCEPT AS INDICATE O, 4N0 THERE IS NO EVIDENCE OR KNOWLEDGE OF EASEMENTS OR RIGHTS- OFD WAY UPON SAID PARCEL, EXCEPT' AS NOTED. THIS CERTIFICATE IS FOR LOAN PURPOSES ONLY ANO IS NOT /NTE NOED TO ESTABLISH THE BOUNDARY U~.~ DESCRIBED PARCEL. ~si~t ~`r ''vN0 VF~~~, rw.'.. SUR *~ BUYER: Leaser (First Federal) ADDRESS: 2929 Chase TITLE CO: ,:,;, BV: iv.-- .~ -__._~ OAT E: ~ /~f LoTz/ CASE NO: ORDER ND: 037-298. PRICE 525.00 NOTICE OF PUBLIC REEKING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on April 22, 1993, at 7:30 P.M., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No. WA-93-5: An application by Robert Ceaser for approval of a two (2) foot side yard setback variance and a five (5) foot rear yard setback variance to the side and rear yard setbacks required for a detached garage in a Residential-One C Zone District. Property is located at 2929 Chase Street legally described as follows: Lot 20, Block 9, Olinger Gardens County of Jefferson, State of Colorado 2. Case No. TUP-93-2: An application by Floyd Gibson for approval of a Temporary Use Permit to allow a commercial venture that would charge a fee to allow citizens to fish on a private lake located at approximately 4950 Independence Street and legally described as follows: Tracts A, B, and C, Independence Park County of Jefferson, State•of Colorado 3. Case No. WA-93-6: An application by Bistro at the Country Broker for approval of a variance to Section 26-410(e)- Freestanding Nonresidential District of the Code of Laws for property located at 10151 West 26th Avenue and legally described as follows: South 220' of Block 5, Paramount Heights Part 5 County of Jefferson, State of Colorado ~ ~. Mary L u hapla, Sec etary ATTEST: Wanda Sang, City Clerk To be published: April 6, 1993 Wheat Ridge Sentinel P,Q. f3OX 608 TELEPHONE: 709/20R69i~ The City of 7500 WEST 29TH AVENUE .WHEAT IiIOGE. Lt7!_GIIAOG, B007i `'Wheat `Ridge POSTING CERTIFICATION CASE N0. INS-~i~-S PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: /~PQ[~. ~/~ 1~~3 I, residing at a a a r e s s as the applicant for Case No. w~- ~ ~ ~ hereby certify that 2 have posted the Notice of Public Hearing at o c a t i o n 2i~C , on this _~ day of _ /~~~~L 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 case. The sign was posted in the position shown on the map below. Signature: W~fU~J~ ~[/~ U~ NOTE: This form must be submitted at the publ hearing on this case and will 6e placed in the applicant's ca a file at the Department of Community Development. ~ M A P s v N O 1 Ti 6 (.~. S ~ P.O. BOX 638 TELEPHONE: 303/237-6944 The Cify of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 60034 cWheat Ridge April 8, 1993 This is to inform you that Case No. WA-93-5 which is a request for approval of a 2' sideyard setback variance and a 5' rearyard setback variance required for a detached garage. for property located at 2929 Chase 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 April 22, 1993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" t E, P 923 920 014 ~ ~ m ~ ~ ~ !D e m c ~ Z m y z ~ g~'h3M ~ it V !~-~ W M O .L. MI i6 2Z ~ ^. D a~ P 92'3 92^ ^1~ 1 w W O O 1. UJ Q 7J F ~ I O m 1 n f m I v I ~ I m O m m m v a ~~ C ~~~: r ~ n•ni 8 y ~ ~O N m~ ~ p uNiO ~^ n OS m op m C~ _ _ ~~~i P 92:3 920 a16 ~~ ~ ~ T (n - o ~~ 3 n m m. m m O { _ ~.. m 0 m Cn m c (D UJ m m m i ~ Z - m n n ~~ 1 n o`~ o d i = ~~ 1b 6 >~ IG K z o o "v,o n m 1- rY '~ fli 7' o "g m r m of go r m 9z g m° J ®'q s a° o < ~ R 911 m z ! K Ij I I [ 4 ~° a l 2g rm K4 II ] ~ ° I ~~ ~ \ ~~ l ~. n n n i~ i, o i y a ` ~ ~ r ti ( IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO i ` THE RIGHT OF RETURN ADDRESS. 7 ~- ~ -- - (n c +P+ ~ "V fsY s{} m I ~ id ~ ~ n ~ ~ ~t t~ ~~ ~' y (D ~ ~ 1 ~ A ~ ~_ . LBY •~~y j00~ _a~ m A ~NN ~'~m a°ia $ioQ ~ma °a ~ O m •1~^~~~y >~ ~~ ~ m n' ~ni9 Rio' ~__ y° ~H m3 ~,+~ ~.O A~i gpo ~a ~~v _= ~°: s3 < - f ao, m _1° m odd= - - ; ~ +I - - P X323 922 - - - 013``' ~ ~ -D CA m ~ m ~ m ~ m i I ~ ~ n m ~ ~ I ~ a! ~ w t`~a ~° O n a~ o ~ E9 R St' "o ~ m pi o ~ m~ ib m v~ ~ ° 4 m (9 $ ® ~ ~ o ~ n m ~ A= D G~ it y gmo °n B _ S ~ _< m an ~~ 1 ' Q og ~ \° ~F l m T r- ~v ~ 9 _ mm _ [[/~ P 923 92a 012 °i ~ z ~ - ~ m -~1 ~ ~~ o w ~~~ ~ ~ ~ ~ ~ ~ 5 ~ ~~ n M $ ~ m ` z o ~ o o C O P4ffi $ m m o0 ` `[ © ® ~ ~ '~ m ~° o g ~ <o Sm co W a m ~ I l ~ m ~ ~ ~m ~ os I 70 m C7 o ro ~ K~ 0 m \ m n n rn m v i D 3 I r ._ ~ - -_ ~ - W -` Ol ~ _.ti C I N c ~ I _. -._- W D ~ ~' t3 D 4f to b m g.~~~p •~~ln mti~y vn~i mAC m ~'<<S ~mrT R m 3 ~~ I - -~ Z D m D a ~ e'S m Ct R' ° amg mwm a.. aan I -- o ~_ '" ~ XT o am ~ ~ Vi a~ ao ~a ff "' 3 ~ G . @ ~ f , ~- ro n Y{ ~~ to m' o `8 ~ P End. ~ ~ ~ =m~ i -. +~ y.s_m _ - 'm° i N m ^ _ QO m (ti ~ O 'O ~ ~ (~ C (n P W p • • Dm^-~Fn_vcFn m z - ~ ~ ~~ n ~~3am ~`0m / s a T~_a ~ `~ .. ~ W C ` C L!J Sy ~ Q ?0~ ~~ __ ~ ~ j N N 6` f3 ~ ~ ~ ¢ , a~_ ~ m ~~H R~ ~ ~ 3 D D Y {'] n v m m~ - o ~ a ~1a4 ~ B ~3 °a` m Y. ~ 0 y 4 ~~ ~ ~ p ~ 6mQ £~? PAN r S ~ {F e n P O ~ a a o aa ~ ~ o ~ K a'M~ 3 mm~ m o _ A U[ 39 ~. O ~R °F~ 3 / `' g~Q d ~ ~- o_m'^ m 9 - 7 _ ~~ m ~~-m c -1 0~_ r' ° F^ ' CO J A ~ i z3 = a . O :• O a o D ~o _ -m ~ ~ 'O ~ o ~ ~_ ~" m 0 , O 1'~l m ry IV ~ O a m O ~. n ~ ._D N Z 3 - O ~ ^ ~~ o m ~ w ~ c ~, ~ ~ . m ~a l ~ ~ o a<~. ~- ~ ¢ m m ~ _D- ~ m ~. m o ~ m m y . C w 3 ~- z Q ~ o ° ~~ y o n m ~ ~ a~ a, y ~ 3 IMPORTANP.I PLACE STICKER AT TOP IOF ENVELOPE TOI I THE RIGHT OF RETURN ADDRESS. E r ._ - _..-__ °_-_ -_ '-.. ._.I CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT ~ . TO: BOARD OF ADJUSTMENT - Date Prepared: April 13, 1993 Date of Meeting: April 22, 1993 Case Manager: Greg Moberg Case No. & Name: WA-93-5/CEASER Action Requested: Two (2) foot variance to the five (5) foot side yard setback required £or a detached garage in a R-1C zone district. Location of Request: 2929 Chase Street Name & Address of Applicant(s): Robert Ceaser 2929 Chase Street Wheat Ridge, CO 80214 Name & Address of Owner(s): Same Approximate Area: 6,650 square feet Present Zoning: Residential-One C Present Land Use: Single-family Surrounding Zoning: N, ~, E, & W: Residential-One Surrounding Land Use: N, S, E, & ~: Single-family Date Published: April 6, 1993 Date to be Posted: April 8, 1992- Date Legal Notices Sent: April 8, 1992 Agency Check List ( ) Attached (XX) Not Required Related Correspondence ( ) Attached (XX) None ----------------------------------------------------------------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Slides ( ) 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 N0. WA-93-5 I. REQUEST Page 2 The applicant is requesting approval of a two (2) foot variance to the five (5) foot side yard setback required in a Residential- One C zone district. The applicant would like to build a detached garage on the northeast corner of the lot, II. SITE The property is approximately 6,650 square feet in area with a single-family residence. with an existing 386 square foot detached garage. The existing garage is located 1.5 £eet from the south. property line. The applicant would like.to construct an 805 square foot combined detached garage and shed utilizing the existing driveway. Under the current zoning the applicant is allowed a six hundred (600) square foot detached garage and a four hundred (400) square foot storage shed. Minimum setbacks required are five (5) feet from the side yard. and ten (10) feet from the rear yard. The applicant has proposed a thirteen (13) foot rear yard setback which would result in a five (5) foot setback from the edge of the alley. The proposed sideyard setback would be three (3) feet from the southern property line. If this side setback is approved, it will be twice this size of the existing side setback (i.e. 3' proposed versus 1.5' existing). III. FINDINGS OF FACT 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? The property can and has yielded a reasonable return in use if permitted to be used only under the conditions allowed by Section 26-13. 2. Is the plight of the owner due to unique circumstances? A unique circumstances could be considered as the existing detached garage has only a 1.5 foot side yard setback and there is mature landscaping that might be damaged if the structure is built too close. 3. If the variation were granted, would it alter-the essential character of the locality? The essential character of local,. neighborhood :.gill not be altered as there are numerous side yard setbacx encroachments in the immediate vicinity. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-5 Page 3 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship? Because this property is of a similar size and shape as other properties in the .immediate vicinity, there are no existing conditions resulting in a particular hardship and therefore the request is a matter of convenience. 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? Due to existing side yard encroachments, a precedent has already been set. 6. is the purpose of the variation based exclusively upon a desire to make more money out of the property? The purpose of this request is to add a detached garage within the area of the existing garage. 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 any interest in the property. 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. 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 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. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-5 Page 4 IV. CONCLUSIONS AND RECOMMENDATIONS Based on the preceding findings o£ fact, staff has reached the following conclusions :_-- _ _. 1. Because of existing side yard setback encroachments, the granting of this request will not alter the essential character nor create a precedent. __ 2. No hardship has been created by any persons presently having an interest in the property 3. The granting of this variance will not negatively effect-the surrounding properties. Therefore, staff would recommend that .Case No. WA-93-5 be APPROVED. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 22, 1993 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member BERNHART to approve the agenda as printed. Motion carried. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. Case No. WA-93-5: An application by Robert Ceaser for approval of a two foot side yard setback variance and a five foot rear yard setback variance to the side and rear yard setbacks required for a detached garage in a Residential-One C Zone District. Property is located at 2929 Chase Street. Greg Moberg presented the staff report, noting due to the Code of Laws being changed, the request will be for the side yard setback only. All pertinent documents were entered into record, which Chairman HOWARD accepted. No questions were asked of staff. The applicant, Robert J. Ceasar, 2929 Chase Street, was sworn in, and turned in the posting certificate. Board Member ROSSILLON said to his understanding the existing garage will be torn down and asked was it 1 1/2 feet from the existing property line, and Mr. Ceasar answered the existing garage will be torn down. The new garage will be three feet from the property line because of an existing tree, whereas the existing garage is only 1 1/2 feet from the property line. The five feet will give the additional room required to access the front segment of the garage from the driveway. Board Member ABBOTT asked the applicant if he was actually improving this situation, and Mr. Ceasar replied yes. Board Member ABBOTT then asked since he was already tearing 'down the old garage and moving the new one over, why not move it over two more feet and stay in line with the ordinance. Mr. Ceasar replied because 3f two vehicles were parked side by side, it would be tough to get around to the back because of the set of steps going out towards the garage area. Chairman HOWARD asked if the solid wood fence on his south property line belongs to him or the neighbor, and Mr. Ceasar answered there is only a chain link fence on the south side of the property and the alley fence belongs to the neighbors. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 22, 1993 Page 3 No further questions were asked of the applicant. Motion was made by Board Member ABBOTT, that Case No. WA-93- 5, an application by Robert Ceasar, be APPROVED for the following reasons: 1. Because of existing side yard setback encroachments in the neighborhood, including the existing attached garage on this property, the granting of this request will not alter the essential character or create a precedent. 2. The new garage location is an improvement at a 3 foot setback where the existing garage is at a 1 1/2 foot setback. The 5 foot required setback is impractical on this lot due to the location of the existing house. 3. No hardship has been created by any persons presently having an interest in the property. 4. The granting of this variance will not negatively affect the surrounding properties. Motion was seconded by Board Member BERNHART. Motion carried 7-0. Resolution attached. B. Case No. TUP-93-2: An application by Floyd Gibson for approval of a Temporary. Use Permit to allow a commercial venture that would charge a fee to allow citizens to fish on a private lake located at approximately 4950 Independence Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman HOWARD accepted. Board Member ABBOTT wanted to know if there would be temporary toilet facilities such as porta-potties or san-o- lets, Mr. Moberg answered he hoped so even though the applicant has not shown that on his plans but assumes he will. Board Member ABBOTT asked if having the porta-potties is acceptable to the City and would staff want a condition placed on how often they would have to be maintained. Mr. Moberg replied we really don't have any idea what kind of use this property is going to get and if you make a general condition that it must be kept up - that leaves it up to us to decide if they're not cleaning them out or not. Board Member ABBOTT asked if utilities are available near the site, and Mr. Moberg answered yes. 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 .22nd .day of April ,_1993. CASE NO: WA-93-5 APPLICANT'S NAME: Robert Ceasar LOCATION: 2929 Chase 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 o£ Adjustment Application, Case No. WA-93-5 _ 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 NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-93-5 be and hereby is APPROVED. TYPE OF VARIANCE: A 2' side yard setback PURPOSE: To construct a detached garage FOR THE FOLLOWING REASONS: 1. Because of existing side yard setback encroachments in the neighborhood, including the existing attached garage on this property, the granting of this request will not alter the essential character or create a precedent. 2. The new garage location is an improvement at a 3 foot setback where the existing garage is at a 1 1/2 foot setback. The 5 foot required setback is impractical on this lot due to the location of the existing house. 3. No hardship has been created by any persons presently having an interest in the property. 4. The granting of this variance will not negatively affect the surrounding properties. VOTE: YES: Abbott, Albertsen, Bernhart, Dooley, Howard, Junker and Rossillon NO: None Variance granted by a vote of 7-0. DAT^D this 22nd dApriln, 1993. ROBERT HOWARD, Chairman Mary u hapla, Sec. tary Board of Adjustment Board o djustment