HomeMy WebLinkAboutWA-93-7The City of
~1Vheat
Ridge
Appl
JZ.,O~-S W3~1 f~C, Phone~33c~~2~.'
Owner 3-i n7~rn t nyl=-r;~~CT`f Addre5~ ~2p 2 S C¢.) 3~ ~--- Phone~~ 7 ~i
Location. of
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
8 Preliminary _
Final
[] ** See attached procedural guide
for specific requirements.
Detailed__Description of request
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
List. all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
At~-ro~r~crr~~i~'~/ i2.C~25'W'~~l~c- ~~=121 nc~:rvE2 _
I certify that_the information and exhibits herewith submi
correct to the best of my knowledge and that in filing thi
am acting with the knowledge an3 consent of those persons
without whose consent the requested action cannot lawfully
Applicants other than owners must submit power-of-attorney
which approved of this act~.Qn on his behalf.~~ _
Signature of Appli
sworn to me-this ~ day of
ADMINISTRATIVE PROCESS APPLICATION
Department of Planning and Development
7500 West 29th Ave., Wheat Ridge, CO 80033
Phone {303) 237-6944
tted are true and
s application, I
listed above,
be accomplished.
from the owner
19 ~3 _
My commission expires
Receipt No. `~t`~/l `,~ Case No.
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O if IS Dsr•.u, btmto this, 4th day or January . to 77 ~.. .
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between Clarence J. Ten Barge '
State of .G.
2~(>1. 9:85
riC tflc county o. Jefferson and sta:c of
~:lorado, of tllc first hart, and
ego Antoinette IVT. Pieiy, 12025 W. 34th Place, Wheat Ridge, lo.
°~ t},c county of Jefferson and state of
Colorado, of the second part,
WIT\ESSF.TII, That the said party of the first part, for and in consideration of the sum of Good and
Valuable Consideration and TEN--------------------------------------__DOLL.aRS,
to the stud party of the first part in hand paid by the said Marty of the second part, the receipt v:h~ereof
is hereb•: confessed and acknowledged, hay remised. released, sold conveyed and QJIT ('[.:\ISIIiD, rr.~.f by
these pr'rsents doe8 remise, release, sell, convey and QGIT CLaI3i unto the said party of Lhe seers rd patt,
her heirs, suecessors and assigns, frrea•er, all the right, title, interest. claim and demand which tke <aid
party of the :first part has in t.nd to the following described lot or parcel o[ land situate, lyine and
fixing in the County of Jefferson and State of Colorado.:o aait:
Lots 25 and 26 except the East 12 feet of Lot 26,
Block 4,
Applewcod Village,
Cotmty of Jefferson,
State of Colorado.
TO HAVE aND TO IIOLU the same, together wit?: alt and singular the appurtenances and privileges ther•eun:o
belonging or in anyz:iso therowao appertaining, and al! the estate, tight, title, interest :Ind claim !ehatsoeser, of the
said party of the first part, eitt•.cr in law or clluity, to the arly proper use, benefit aad hehoof of the said
party of tae second part, her heirs and assigns forever.
IV TIT\ESS F'IfEItt•:O P, 1'h^_ said party of the first part has hereunto set hIs hand
...._..
and ;eel the day aad year iirt :wore written.
`.................... . ~~~,.,.E....... ..... ~} ~I.j
„ , 1 CLARENCE J~TEN BARGE
Signed, S_a.ed ae:d Delis. red iu the Present of
.............................._ ..............._........---........................ {FF.al.j
~ S1•:\•rE or• coLOr.:wo,
~ __
I County of .7efferson ~_..
.I 'I'i.c fur^g.ri:u( inst:v n:rnl was ac;:uou•irdgrd before me this 4th day of January
1~ 77 ,Iry• CLARENCE J. TEN BARGE.
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'i >Ic comau.c:ion rxpilr^ 10-21- ]780 .6'itucss m}~i:and aad r:ificial seal.
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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 June 24, 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-93-7: An application by Antoinette Piety for
approval of variances to Section 26-11.(F) regarding lot
width and lot area standards, to allow construction of
residences on substandard lots. Property is legally
described as follows:
Lots 25 & 26, except the east 12' of lot 26
Applewood Village
County of Jefferson,,State of Colorado
2. Case No WA-93-8: An application by Robert Conner for
approval of a variance to Section 26-15.(F) to allow the
construction of a 1,500 square foot detached garage. The
property is located at 3470 Estes Street and legally
described as follows:
Beginning at a point 60
the northwest corner of
northeast 1/4 of Sectio;
West, thence east 405.5
thence west 405.5 feet,
of beginning, excepting
way.
feet east and 230 feet south of
the southeast 1/4 of the
Z 27, Township 3 South, Range 69
feet, thence south 100 feet,
thence north 100 feet to point
all road and ditch rights of
3. Case No. TUP-93-4: An application by Shane Cleaveland for
approval of a Temporary Use Permit to allow a flower and
bedding plant sales on property located at 3502 Wadsworth
Boulevard. The property is legally described as follows:
All that portion of the NE 1/4 of Section 26, Township
3 South, Range 69 West of the 6th P.M., described as
follows: Beginning at a point on the west line of the
northeast 1/4 of said Section 26, Township 3 South,
Range 69 West of the 6th P.M., 1350 feet north of the
southwest corner of said northeast 1/4; thence north
along said west line 190 feet; thence east 175 feet;
thence south along the west line of property described
in Book 1494, at Page 134, a distance of 190 feet, to
the north line of West 35th Avenue; thence west 175
feet along the north line of said West 35th Avenue and
the westerly extension thereof to the point of
beginning, EXCEPTING THEREFROM, those portions thereof
described in Book 1185,_at Page 428 and in Book 1185,
at Page 430, all in the County of Jefferson, State of
Colorado.
4. Case No TUP-93-6: An application by Floyd Gibson for
approval of a change of conditions for a previously approved
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
i
Mary o hapla, Secr tary
ATTEST:
Wanda Sang, City Clerk
To be published: April 6, 1993
Wheat Ridge Sentinel
P.O. BOX 638 TELEPHONE: 303/237-6944 The C%fy Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
June 7, 1993
This is to inform you that Case No. WA-93-7 which is a request
for approval of two variances -'one for lot area and the other for lot width to
mellow the construction of single family residences on substandard lots.
for property located at W• 34th Place and 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 June 24, 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
T0; BOARD OF ADJUSTMENT
Date of Meeting: June 24, 1993
Case No. & Name: WA-93-7/PIETY
Date Prepared: June 4, 1993
Case Manager: Greg Moberg
Action Requested: Two variances, one to the required lot area
and the other to the required lot width to
allow the construction of single family
residences on substandard lots.
Location of Request: 34th Place and Union Street
Name & Address of Applicant(s): Antoinette Piety
12025 W. 34th Place
Wheat Ridge, CO 80033
Name & Address of Owner(s): Same
------------------------------------------------------
Approximate Area: 17,397.28 square feet
Present Zoning: Residential-One A
Present Land Use: vacant
Surrounding Zoning: N, S, E, & W
Surrounding Land Use: N, ~, E, & L~:
---------------------------
Date Published: June 2, 1993
Date to be Posted: June 10, 1993
Residential-One A
Single-family
Date Legal Notices Sent: June 10, 1993
Agency Check List
Related Correspondence
ENTER INTO RECORD:
( ) Comprehensive Plan
(XX) Case File & Packet Materials
(XX) Zoning Ordinance (XX) Exhibit
( ) Subdivision Regulations ( ) Other
-----------------------------------------------------------------
JURISDICTION
( ) Attached (XX) Not Required
( ) Attached (XX) None
------------------------------------- --
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 page 2
CASE NO. WA-93-7
I. REQUEST
The applicant is requesting approval of two variances. The first
request is for a lot area variance and the second is for a lot
width variance. Both variances are required to allow the
applicant to construct two residences.
II. SITE
The properties are located one lot west of the 1licantcowns three
34th Place and Union Street. Currently, the app
lots within the Applewood Village Subdivision. A residelicant's
located on one lot and the other two are vacant. The app
residence is located on Lot 27 and a portion of Lot 26. Because
the applicant's residence is located on a portion of Lot 26 the
remainder of the lot is substandard relative to the required lot
area and lot width.
To allow the construction of a single family dwelling on property
zoned Residential-One A, a lot must be a minimum of 9,000 square
feet in area and have a 75 foot width. Currently Lot 26 has only
8,607 square feet in area and a width of only 63 feet. The
applicant would like to be granted variances on both Lots 25 and
26 so that a transfer of property from Lot 25 to Lot 26 can
occur. This would give both properties a frontage of 69 feet-and
areas of 8,790.28 square feet for Lot 25 and 8,607 square £eet
for Lot 26.
Subject to Section 26-7 (B) Nonconforming vacant lots of record:
" ..If two (2) or more lots or combinations of lots and portions
of lots with continuous frontage in single ownership are of
record at the time of passage or amendment of this Ordinance, and
part or all of said lots do not meet the requirements of the
district in which they are located, as to minimumfose~herpurpose
frontage or both, the lands shall be considered,
of this Ordinance, to be an undivided parcel and no portion of
said parcel shall be sold or used in a manner which diminishes
compliance with lot width and area requirements established by
this Ordinance. This section of the Code of Laws would allow
Lot 26 to be combined with either Lot 27 or Lot 25 but not allow
it to stand alone as a building site.
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?
Lot 26 can yield a reasonable return in use by combining it
with either Lot 25, Lot 27 or both creating a large single-
family lot; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-7 Page 3
2. Is the plight of the owner due to unique circumstances?
A unique circumstances could be considered. as the existing
residence on Lot 27.was built across the lot line. However,
it is difficult to ascertain whether the residence was built
to cross both property lines because the owner wanted two
lots or whether it was an accident;-and
3. If the variation were granted, would it alter the essential
character of the locality?
The essential character of local neighborhood will be
altered as there are no existing lot sizes. in the immediate
vicinity that would be the same size as what is being
proposed by the applicant; and
4. Are there any particular physical surroundings, shape or
topographical conditions of the property involved that would
result in a particular hardship?
There are no existing conditions resulting in a particular
hardship and therefore, the request is a matter of
convenience so the applicant can develop and/or sell two
lots rather than one: and
5. Are the conditions upon which the petition £or a variation
is based be applicable, generally, to other properties
within the same zoning classification?
Because this area is very nearly built out, the conditions
upon which the petition for a variation is based are not
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 request is based exclusively upon a
desire to make more money as the applicant may be able to
sell two lots for more money than one; and
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
The hardship has been created by the original developer and
whether the applicant is or is not the original developer, --
the property was purchased knowing that one lot was
substandard; 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? -
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-7
Page 4
The granting of this variance will probably not be injurious
to other properties or improvements within the neighborhood;
and
9. Will the proposed variation would not impair the adequate
supply of light and air to adjacent property or
substantially increase the congestion in the public streets
or increase the danger of fire or endanger the public safety
and substantially diminish or impair property values within
the neighborhood?
The granting of this variance will probably 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 as even though the lot width
and area would be smaller required setbacks and coverages
would still be enforced.
IV. CONCLUSIONS AND RECOMMENDATIONS
Based on the preceding findings of fact, staff has reached the
following conclusions:
1. Lot 26 can yield a reasonable return in use by combining it
with either Lot 25, Lot 27 or both, creating a large single-
family lot that would be worth more; and
2. The essential character o£ local neighborhood will be
altered as there are no existing lot sizes in the immediate
vicinity that would be the same size as what is being
proposed by the applicant; and
3. There are no existing conditions resulting in a particular
hardship and therefore, the request is a matter of
convenience so the applicant can develop and/or sell two
lots rather than one: and
4. The purpose of this request is based exclusively upon a
desire to make more money as the applicant maybe able to
sell two lots for more money than one; and
5. The hardship has been created by the original developer and
whether the applicant is or is not the original developer,
the property was purchased knowing that one lot was
substandard.
Based on the preceding, Staff would recommend that Case No. WA-
93-7 be DENIED.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: June 25, 1993 Page 2
2. APPROVE THE ORDER OF THE AGENDA
Motion was made by Board Member ROSSILLON, seconded by Board
Member REYNOLDS, that the agenda be approved with Case No.
TUP-93-4 being withdrawn by applicant. 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-93-7: An application by Antoinette Piety for
approval of variances to Section 26-11.(F) regarding lot
width and lot area standards, to allow construction of
residences on substandard lots. Property is located at West
34th Avenue and Union Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member ROSSILLON asked staff to point out where the
Residential-One A (R-lA) properties were, and Mr. Moberg
answered all surrounding properties are R-lA except Rancho
Del Sol Subdivision to the east which is Residential-One and
they have much larger lot sizes.
Board Member ABBOTT asked if the line on Lot 27 is an
easement or is it where the house crosses over, and Mr.
Moberg replied these are taken from the assessor's records -
and the arrow shows that this property is part of Lot 27 but
they are calling it Lot 26B. Lot 26 is only 63 feet wide -
and it is below minimum width and area, so it is this lot
that has the problem.
Mr. Moberg said the applicant has a couple of options. The
ordinance requires any adjacent properties that are non-
conforming to area and width have to be combined if they are
owned by the same person. So Lot 26A could be combined with
either Lot 27 or Lot 25 creating one larger lot, or the
property could be split down the middle and add half to each-
lot creating two larger lots.
Board Member ABBOTT questioned i£ the house on Lot 27
encroaches into that 12 feet, and Mr. Moberg answered yes,
however the 12 feet is part of Lot 26.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: June 25, 1993 Page 3
Board Member REYNOLDS asked does the owner of Lot 27 own the
two lots in question, and would that leave the 12 feet in
limbo, and Mr. Moberg said the applicant does own both lots
and would like to take the 12 feet and spread it between Lot
25 and Lot 26A. We are dealing with a 6 foot split between
the two lots rather than a 12 on one.
Board Member REYNOLDS wanted to know the depth of the lots,
and Mr. Moberg said they range from 123 to 128 (plus) feet.
No further questions were asked of staff.
The applicant, Antoinette Piety, 12025 West 34th Place, was
sworn in. Ms. Piety said the first point to clarify is that
nobody has any intention of building on these lots. The
house on Lot 27 has been sold. Ms. Piety said she did not
know the house was built over the property line. The people
that purchased the house would like .to buy Lot 26 and her
neighbor to the west (Lot 24) would like to purchase Lot 25.
She is hoping to sell them an equal amount of land each.
Neither party again, has any intent on building.
Ms. Piety said the lots after division will still be within
the standards. The house was built in 1963 and was
purchased by her father in 1965, she received the property
when her father passed away in 1988.
Board Member ABBOTT asked staff since there will be no
building on the lots, isn't there another mechanism for her
to sell off the lots and legally merge them into the
adjacent ones, and Mr. Moberg answered the code allows for
an exception to the Subdivision Regulations which allows the
transfer of property from one lot to another lot just by
quit-claim deed and therefore, not needing a variance. The
applicant could quit-claim the west 69 feet of Lot 25 to 24
and then the rest sell to Lot 27 (both lots would then be
substandard and could not be built on) and a variance would
not be needed at all.
Ms. Piety apologized to staff and the Board for not putting
this information on her application.
Board Member ROSSILLON said the problem is if a variance is
granted anything can be built on the properties, and Mr.
Moberg said if a variance is granted it would be very
difficult to monitor, so the easy way would be to quit
claim.
Chairman HOWARD announced at this time, the applicant would
like to withdraw the application for Case No. WA-93-7.