HomeMy WebLinkAboutWA-93-8The City of ADMINISTRATIVE PROCESS APPLICATION
Wheat
Rid~ra Department of Planning and Development
6 7500 West 29P~h ne ( 303 ) 237 6944 ~ CO 80033
Applicant /~.~S~-P,~^T' /~wu-y9 _~ ............ .??~ -7 C
Owner ,,'~0%4° cs'~v o h ~ `-~~ Addres's J /~ ~J ~~~ ~ n~~~
Location of request 3 7 S ~ __
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
£or specific requirements.
Detailed Description of request
~~ .~ .I~ .-c-D _
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
ADDRESS
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
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf.
Signature of Applicant
Subscribed and sworn
~---~
me this 7y day of
PHONE
19 ~_ _
SEAL
My commission expires
.~•. ;_6 , ~ Recei t No. h'~~`7i2~- Case No. i~~~ ~~'-'
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L A N D S U R V E Y I N G
5460 WARD ROAD • SUITE 160
ARVADA, COLORADO 80002 ---
(3037 420-4788
IMPROVEMENT LOCATION CERTIFICATE
DATE ~ ~ FEE .JOB#_
MORTGAGE CO.
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ADDRESS -- ~ _-
BORROWERS NAME - - <,~,
LEGAL DESCRIPTION
IPER CLIENTI
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On the basis of my knowledge, information and belief, I her ~by certify that this improvement location certificate was prepared for
~' ,that it Is not a Land Survey Plat
~I~F~r~d~~a~ tG not to b relied upon for the~stablishment of fence, build~ig, or other future
or Improvement Survey
improvement lines. I further certify t at the impr ements on the abo/ a described parcel on this d te, except utility
connections, are entirely within the bo ndaries of th parcel, except as shown, that there are no encroachments upon the
described premises by improvements o any adjoinin premises, except a Indicated, and that there is no ap arent evidence or
sign of any easement crossing or burde ing any part f said parcel, excep~a\\`\,~~~~i[[llljiii // ./
"NOTICE: According to Colorado law you ust commen any legal action ba.~aRycQ~ ~q this survey within three years after you
more than fen years from the tlate of
first discover such defect. !n no event, may an action based u n any defect in t\f~ y~ H ,
the certltlcatio ~ hown hereon." - ' ~ ~p~`~.' \ ,9~' ; O
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It is my interpretation that the above described = : ~ It+' '
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property /S ,~~ lopted witYlina100 _v: ~
Rate
Management
L
Recorded at ~ o'clock
Reception }•fo. -----__ hI , ._
~~ j DEEll OF 1RUS'1'
THIS INDENTURE, M1tade this
~`' Robert L. 2y 7~ day t,r June
Conner
RECEPTIpN Mp. `~lG)55398
~a/r^-5/71 1~ttft i 101.g1f~
17E~DRUED IN ---...,
COUNTY OF JEFFERSDN ,
STATE OF COLORADO
19 91 , hctuccn
whose address is 3470 Estes St. , Wheat lodge, CO $0033
hereinafter referred to as gmntnr, and the Puhlic Trustee of the
s7efferSOn ,State o(Coloradn• hcreinaftar refcmd to as fhlhl i~`rlrnrcef
WITNESSETH, TNAT WHEREAS. Robert I„ COnIleY and
Vicki Ann Conner, toclet}ler with
has eattuted a promissory note or notes, hereinafter refcrmd N ittRihOi~sir }aloe dated nonce
principal snm of Eighty thousand and 00 100 even date ..~.r cwi cn
Denver Public School / ~$80,~0.00)_______ Dollars, .for the
__-_-- payable hr the order Ut
i whose address is 3700 East p.} loyees Credit Onion
I aneda, Denver, Colorado 80209
I at the mte of
installm~r~~ n a#tet-tbrtluts.H..rcyq: ,sirh imcrrest thmrnn from dre d;rte thereof
Each s ~~~`~ ~ abhbaq° ~iinipal and interest payable in monthly
~ payment shall be applied first t gi~ rettandr henhtodate her~yf.
principal and interest then remainin
~ tweet principal. ,~11,
i Y Years from the r3~ite her~f. g unpaid shall be due and payable
~ additional advances at the p ofTsaidote securf~I}1ereb
~ o lion Credit Y Provides for
Union. It is agreed that*
nose orarty of them may 6e. P•
AND WHEREAS. Thegmmor is desinnls nFceroring nn;cm nl the prineip;d and intex•~t nl.uid pnnnisarO note in whose hands
NOW,'f}}EREI4RE, The gmntnr, in ronsiderrtiun of the remises ; never the said
WnQ~lres9id Public Tiusteb in Wst fumver, the following descri(reJ profx•rty Sin late in the
- P inJ lur the purpose alnm+:dd• dtx•s herehs' gran[. bargain. sell and tt,m~ey
ci`, C.1 ~~_`.
_ _ ,State o(Colomdo. to tt it I,
_ - ` , vTefferSUf] G,umy of
,r'
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~',•. ~Ji~rling at a R~int 60 Feet East and 230 Feet
'Northwest Corner of the Southeast 1 4 South of t}le
•Section 27, Township 3 South, Ran e 69 f the Northeast 1/4 of
Feet, Thence South 100 Feet, Thence Weste405.5 Feet East 405.5
North 100 Feet to point of Beginniplg, excepting all roadnae
ditch rights of way ~ nd
'~ II *any such additional advances shall be a part of the principal
indebtedness; that all agreements evidencing sue}1 advances shall be a
Part hereof and that this deed of trust shall secure i
I the original indebtedness, any additional advances
advances r r n addition to
further provideslfornadditiona~thi whether such
Y Payments or not. The note
jl the estimated annual taxes s rnorrihly payments equal to 1/12th of
in respect of the hereinafter describe~es~ments and insurance
p operty. Premiums
also known by street and number as
3470 Estes St. ~
TO HAVE AND TO ~
incase ofdefault in the HOLDthesame, togetherwirhallandsingulanlreprivileges and appurtenances lhcmunW belon m In Tmct nceertheless. that
said noteoran Payment ofsaid noteoranyo(them,oranppanlhereo(. Ur in the payment nlYhe inlcn•u thereon. according [attic tennrand effect of
y of them, or in the payment of any prior encunrbmncec. principal or interest. if any. or in ease default shall be made in or in case a(violation
or breach of any of the terms, conditions, convertants or agreements herein ttrmained, the bencliriaq he'reundar or the Ieeal holder of the Indebtedness
secured hereby may deelamaviolatinn of any of thecm'cnants herein contained and elect to advertise said m
upon filing notice ofsuch election and demand for sale a ith the Rlhlic i'msrt•c, is ho shall upon receipt of such mgire o(elec9imr and demand for s;de cansc
a copy of the same to be recorded in the recorder's oflice of the count} in a hieh raid coal estate is simaled. it shall and rnay' he lawful for the Public Trustee
to sell anddispose of the samefen masse or in sepam(e parcek. ac the said R;hlic'Tnrstec mas'thlnk hesll.;m loll rtrct Tighe title andcinfemst ufUxagraotor.
his heirs or assigns (herein, at public auction at the
same will bring in etashf forurweeksrpublic notice hoeing been fn nt d nr d the (your HoUSC. in the Cannty n
premises, or any part thereof' as mat be s Uef ferson
previously given of the lin;c and pLhc of such a Ie.rbv ad,crticremhenLaaeekly[, Pn some
newspaper of general circulation at that time published in,caid Counts of
within ten days from the date of the first publiratiun thereof to the grantor al the address herein given and a+ such pen,m ar persons appcarin to hay
address then such notice shall be mailed to the county seat, and In make and g' ~ u ce,py of a hieh notice shall he mailed
acquired a subsequent record intemst in sail real estate at the address gisrn in the ree7ivJ d e~mn«ienr. a here only [he county and state is icen
or terlificates in writing describing such m € e
person entitled thereto shall be entitled tnaderd or deeds therefor unless the same (hull he ndeerncd ast'I'astrttf such m € as the
P Perry' purchased, and the sum ar coon paid Ihrrcfnr. and Ihr time „hen the purchaser or purchasers for other
upon demand by the person or n + , p perry at such sale, a certificate
cnfided toa deed to and for the m Is Pnnidcd he tau;
pe . t nt holding the said certificate or certilican•s nl purchase, n hen said dennmd is made, or upon demand by the rs ,
I rsons a decd or deeds to the said m
, person or P party purchased. at the time such demand is made, the time (or mdemption hating expire) wake and exenuecto sudh
m
signed, ac owledged and delivrmd by the said Public Tmstee and shall convey and yuitrlaun to such person or persons entitled In . ~ s n
P Party purchased az aforesaid and all the right title. irmemst cbenclittdndre prig ~o(rrcdc option of the grrvttor'this heirsra ~ ronvcymue. and shall 6c
recite the sum or sums fur which the said properly was sold and shall refer m the purser of sale therein nnuained. and to the sale nr sales made by e'
thereof; and in case of an assignment of such certifrate or certificates of such decd, the said
encumbrancer, such assignment or redemption shall alao be referred m in such deed nr deeds; but the notice of .ale need nut he cc rn therein, and shall
utuc
purchase. or in case of the rcdentplion Uf such property. hr a suhsequent
deeds and[he Public Tmstce shall,on[of the pnmcals or avails of such sale, after lust p;n ing and refaininu all (res. charges and caste o(makin
ay fo the beneficiary hereunderor the legal holler of said note the principal and interes(doe on said note acc'oNing h, the tenor and effect thereof. and all
annum, renderin the ove € said sale,
oneys advanced by such beneficiary or legal holder o(said note for insurance. tares and asscssmants. a ith interest thereon al t oat m such deed or
perpetual bar, both in lawandsequty ~agains tithe gmtnmclhis heirs and assignssand all entices
from, through or underthe grantor. or any of ihenr. The holderor holders of said note or notes 21. ~~ per cent per
€ hieh sale or sales and said deed or Aceds so made shall be a
agreed that the grantor, his heirs Ur assigns, will pay the espense (hereof nlas Purchase said n, P pert}' °r am' part thereof. by,
not be obligatory upon the purchaser Ur purchasers a( anc such sale m see m the apphcationpi'iFrhe purchase money If a release deed be required, it is
p perry or an}' part [ficreoF, and it shall
'If in Denver, insert "City and."
341A. Rev. 2.gq, -`--'---- -
DEED OF TRUST' fPebtk 7F¢strel with Due an Sale Clnusr 9 ~ _ _. ~ ~ ... -.-~^ ~.. ~. _ ~ - ~-
8~~ nn ..BrrrWfoard PUblishin6, 17d3 WUte Sr„p,over, CO SU201-f)UJ)297~25Up-I-yU
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.Jefferson
Beginning at a ):hint 60 Feet East and 230 Feet South of. the
Northwest Corner of the Southeast 1/4 of. the 1.7ortheast 1/4 of
Section 27, ToNmship 3 South, Range 69 West, 't'hence Fist 405.5
Feet, Thence South 100 Feet, Thence West 405.5 Feet, Thence
North 100 Feet to point of Beginning, excepting all road atx9
ditch rights of way
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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. Gase 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 Section
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 3n Book 1185,
at Page 430, alI in the County of Jefferson, State of
Colorado.
q, ~~e 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 495Q Independence Street and
legally described as follows:
Tracts A, B, and C, Independence Park
County of Jefferson, State of Colorado
Mary o hapla, Secr
ATTEST:
Wanda Sang, City Clerk
To be published: April 6, 1993
Wheat Ridge Sentinel
P.a.flO%638 TELEPHONE: 703/t37.69~s The City of
7500 WEST 29TH AVENUE .WHEAT fi101CE. COLef1A00 80034 !S2 7L eaf
g " ' Ridge
POSTING CERTIFICATION
CASE NO . ~,{/d - ~l3 "
PLANNING COMMISSION - CITY~/COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~ ~' a ~~ C 3 _
n a m e
residing at ~ '7 T C' j' ~J ( Z°J
( a d d r e s s)
as the applicant for Case No. GV Q.~ ~ 3 ~ v hereby certify
that I have posted the Notice of Public Hearing at
3 y 7c~ ~5 ~~S ,
( l o c a t i o n)
on this ~_ day of .'~.K~ _, 193 , 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 ease. The sign was pasted in the position shown on the
map below.
Signature: //~m~ - ~ -
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 Cify of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
June 7, 1993
This is to inform you that Case No. WA-93-8 which is a request
for approval of a SOO square foot variance to the maximum area of 1,000
square feet allowed for a detached garage
for property located at 3470 Estes 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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~~-~~-~ _
June 24, 1993
TO WHOM IT MAY CONCERN: -
Be it known--that I, Vada J. Ward, own and reside at ...
3440 Estes Street, immediately adjacent to the _-
Robert-.Conner property, 3470 Estes Street, currently --_
under advisement from the City of Wheat Ridge to- --
build a garage-on°the Dudley Street portion of that
property. -
It is my opinion that not only will the-garage be
an enhancement for the neighborhood, in general, but
it will most assuredly :add value. to my .own property.
The Conners have always-cared for their entire property
with utmost pride. They are exceptionally orderly,
clean, neat-and__their home and grounds are nearly pristine
in appearance:---°-
I am confident that they will take the same pride in _
designing and building a garage to house-their vehicles
as they have taken in their-overall life style.
I commend them for this decision, and I hope you will _ ----
grant them this variance. / ~ °--
~~
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date of Meeting: June 24, 1993
Case No. & Name: WA-93-8/CONNER
Date Prepared: June 4, 1993
Case Manager: Greg Moberg
Action Requested: A 500 square foot variance to the maximum area
of 1,000 square feet allowed for a detached
garage in a Residential-Two zone district.
Location of Request: 3470 Estes Street
Name & Address of Applicant(s): Robert Conner
3470 Estes Street
Wheat Ridge, CO 80033
Name & Address of Owner(s): Same
Approximate Area: 40,550 square feet
Present Zoning: Residential-Two
Present Land Use: Single-family residence
Surrounding Zoning: N & S: Residential-Two, E: Residential-One A,
W: Residential-One
Surrounding Land Use: N, S, & W: Single-family residences,
E• Vacant
Date Published:
Date to be Posted:
Date Legal Notices Sent:
------------------------
ENTER INTO RECORD:
( ) Comprehensive Plan
(XX) Zoning Ordinance
(XX) Case File & Packet Materials
(XX) Exhibits
( ) Subdivision Regulations (XX) Other
JURISDICTION'
June 2, 1993
June 10, 1993
June 10, 1993
The property is within the City of Wheat Ridge, and all
notification and posting requirements have been met, therefore
there is jurisdiction to hear this case.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-8
Page 2
REQUEST
The applicant is requesting approval of a 500 square foot
variance to the 1,000 square foot maximum area allowed forur ose
detached garage in a Residential-Two zone district. Thep p
of this request is to allow the construction of a detached
garage.
SITE
The subject site has an approximate area of 40,550 square feet
with an existing single-family residence and additional shed
structures on the property. As per Section 26-15(F) the
applicant is allowed to construct a maximum of a 1,000 square
foot detached garage per unit and 400 squarearaee on site but wed
for sheds. Currently there is no detached g g
there are three sheds totaling 242 square feet in area.
FINDINGS OF FACT
No variance shall be granted unless the Board of Adjustment
finds, based on evidence that:
1. Can the property in question yield a reasonable return in
use, service or income if permitted to be used only under
the conditions allowed by the regulations £or the district
in which it is located.
Because the property has an existing residential use and
denial of this request_wi111e1d abreasonable return,laandn of
the use, the property can y'
will continue to if permitted to be used under the
conditions allowed by the Residential-Two regulations.
2. Is the plight of the owner due to unique circumstances.
There are no unique circumstances.
3, If the variation were granted, would it alter the essential
character of the locality.
The granting of this variance could alter the essential
character crates overi1n000hsquaredfeettinrareae no other
detached g g
4. Would the particular physical surrounding=o ertpeinvolved
topographical condition of the specific p p Y
result in a particular hardship upon the owner as
distinguished from a mere inconvenience, if the strict
letter of the regulations were carried out.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-8
Page 3
There are no particular physical Toreo~ndin9olvedpthat would
topographical conditions of the p P Y
result in a particular hardship. Therfore, this aeauest is
for the convenience of the owne~heozoningrdistrict. g
larger than what is allowed by
5. Would the conditions upon which the petition for a variation
is based be applicable, generally, to the other property
within the same zoning classification.
The granting of this variance could result inrohertiesing of
a precedent for similar requests though few p P
within the City have such old structures and are of similar
in size.
6. Is the purpose of the variation based Ypeertyvely upon a
desire to make more money out of the p P
The purpose of this variance is not based exclusively upon
the desire to make money.
~, The alleged difficulty or hardship has not been roeerty,bY
any person presently having an interest in the p P
The applicant has not created any hardship.
g. Would the granting of the variation be detrimental to the
public welfare or injurious to other property ono arty is
improvements in-the neighborhood in which the p p
located.
The granting of this variance would not be detrimental or
injurious to property or improvements within the
neighborhood.
9, Would the proposed variation not impair the adequate supply
of light and air to adjacent property or substantially
increase the congestion in the public streets or increase
the danger of fire or endanger the public values within the
substantially diminish or impair property
neighborhood.
The granting of this variance would rotertpesrnoreincreasee
supply of light or air to adjacent p p
traffic congestion or endanger public safety.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-93-8
Page 4
CONCLUSIONS & RECOMMENDATIONS
Based on the preceding 'Findings of Fact', staff has reached the
following conclusions:
1. Because the property has an existing residential use and
denial of this request wi111e1d abreasonable returnuaandn of
the use, the property can y'
will continue to if permitted to be used under the
conditions allowed by the Residential-Two regulations.
2. There are no unique circumstances.
3, The granting of this variance could alter the essential
character of the local neighborhood as there are no other
detached garages over 1,000 square feet in area.
4. There are no particular physical surrounding, shape or
topographical conditions of the property involved that would
result in a particular hardship. Therefore, this request is
for the convenience of the owner to construct a garage
larger than what is allowed by the zoning district.
5. The granting of this variance could result in the setting of
a precedent-for similar requests though few properties
within the City have such old structures and are of similar
in size.
Based on the conclusions derived from the preceding, staff would
recommend that Case No. WA-93-8 be DENIED.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: June 25, 1993 Page 4
B. 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.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman HOWARD
accepted.
Board Member HOWARD asked if there is anything in the
ordinance relating to the attachment of the shed to the
garage, and Mr. Moberg said staff has interpreted and
allowed garages over 1,000 square feet if they have included
storage or shed area that would normally be associated with
that garage. However, the applicant is asking for a 1,000
square feet over and above that. The applicant also has a
200 square feet of sheds located on the property. If he
were to remove those, a building permit could be issued for
a 1,400 square foot garage as long as 400 square feet of
that is designated for something other than the parking of
vehicles.
Board Member ROSSILLON asked was staff saying if he tears
down the three sheds then he would be allowed 1,400 square
feet of space, and Mr. Moberg said yes, but the applicant
could never build another shed on the property.
Chairman HOWARD wanted to know if the building permit would
require a solid wall between the shed and garage or could it
be a continuous open space, and Mr. Moberg said it does not
need a solid wall. .The interpretation is that aesthetically
it is much more pleasing to see it all under one roof than
scattered across the entire property. The structure would
have to show that part of it is not being used as a garage.
No further questions were asked of staff.
The applicant, Robert Conner, 3470 Estes Street, was sworn
in. Mr. Connor entered into record pictures of neighboring
properties that allegedly have structures larger than 1,000
square feet. Mr. Connor also entered pictures of the three
sheds on his property, and said they were there when he
bought the property and he would gladly tear them down to be
able to build a 1,500 square £oot building. All pictures
were labeled Exhibit 'A'. Mr. Connor entered into record
letters from his neighbors stating no objection to his
request, labeled Exhibit 'B'.
The applicant pointed out his is a unique piece of property
being one square acre-and it backs up to Lutheran hospital
grounds which has numerous large buildings.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: June 25, 1993 Page 5
Board Member ABBOTT asked staff if the applicant tears the
sheds down and asks for the 100 square foot variance, could
that be done administratively. Mr. Moberg answered it would
be too difficult and time consuming to take the application
back through administration and since it is in front of the
Board now, it would make more sense to take a look at it.
Mr. Connor said feels since this is acre lot, it requires
more room for storage.
Board Member REYNOLDS questioned if the structure will only
be used for a garage and storage, and Mr. Connor replied
yes, that is all.
Board Member ROSSILLON asked the applicant if it would be
acceptable to him if they granted the variance with the
stipulation that the sheds would have to be torn down. Mr.
Connor replied yes, that would be fine with him but he would
like to be able to leave them up until the final inspection
is done on the garage so he does not have all of his storage
setting outside.
Board Member ROSSILLON asked what is the location of the
garage, and Mr. Connor answered behind his house on the
north side (the doors would be on the south side). There is
40 large trees 12-18 feet high in the back, so one would
have a hard time even seeing the building.
Board Member DOOLEY wanted to know how far back on the
Dudley Street side would the structure set, and Mr. Connor
said that being an acre it would not even get into the back
half of the acre.
Board Member DOOLEY asked if the driveway would be adjacent
to Dudley Street, and Mr. Connor said no, the driveway would
be right behind the house.
Chairman HOWARD asked if the driveway will be on the south
side of the house, and Mr. Connor answered yes, the garage
will be on the north side with the doors facing south.
Chairman HOWARD said basically the request would be for a
50$ increase on allowable square footage, and Mr. Connor
answered yes. Chairman HOWARD said it has been stated that
this is for a garage, and Mr. Connor clarified a garage and
storage.
No further questions were asked of the applicant.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: June 25, 1993 Page 6
Board Member ROSSILLON asked staff could the applicant build
a four-bay garage if stipulations are not placed in the
motion, and Mr. Moberg replied he does not think that is the
intent of the ordinance. By granting the variance to allow
the structure to be 1500 square feet certain areas do not
have to be designated as garage or storage. Mr. Moberg did
feel a condition should be made that no other sheds or
structures be allowed on the property.
Board Member ROSSILLON asked if the applicant could build
this two-story, and Mr. Moberg said he could, unless a
condition on height was placed on the request.
Board Member REYNOLDS asked if the rear yard setback should
be left open, and Mr. Moberg answered that should be
conditioned because of the size of the garage.
Bonnie Hayes, 3450 Estes Street, was sworn in. Ms. Hayes
lives north of the applicant and has no objection with this
request. Ms. Hayes said the variance would be neater than
the three sheds that are on the property now.
No questions were asked of Ms. Hayes.
Board Member ABBOTT asked if Dudley Street has a required
30' setback, and Mr. Moberg answered the applicant would be
wise to place the garage as close to the existing residence
or at least on the west half of the property just in case he
would want to divide the property in the future. Mr. Conner
added the garage will be placed on the west half o£ the
property.
No further questions were asked of staff.
Motion was made by Board Member ABBOTT, that Case No. WA-93-
8, an application by Robert Conner, be APPROVED for the
following reasons:
1. The lot is one full acre and therefore requires above
average storage for maintenance equipment.
2. There are a few houses in the neighborhood which have
over 1000 square foot detached structures.
3. This lot currently has 250 square feet of shed storage,
this plus the 1000 square feet allowed for a detached
garage results in only an increase of 250 square feet..
4. The 1000 square feet allowed for a detached garage is
a much smaller percentage of a full acre than that same
1000 square feet on a standard building lot, therefore
this oversized structure seems in proportion.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: June 25, 1993 Page 7
WITH THE FOLLOWING CONDITIONS:
1. Five hundred (500) square feet of the proposed structure
must be devoted to non-vehicular storage.
2. Three existing sheds on the property must be removed no
later than 30 days of building permit Certificate of
Occupancy.
3. No additional sheds, garages or other storage structures
may be constructed at a future date.
4. Location of the structure will be in the approximate
location indicated in the applicant's survey.
Motion seconded by Board Member DOOLEY. Motion carried 5-0.
Resolution attached.
C. Oase No TUP 9 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.
This case was withdrawn by applicant.
D. Case No UP-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.
Board Member ABBOTT said the 'rubble' is still there even
though it was of the conditions was it would be buried or
flattened, and is the City finding this condition
unworkable, Mr. Moberg answered that condition does not
really lend itself to forcing the applicant to do that. The
situation we are dealing with is an applicant who is not
paying the owner any kind of fee to use the property. If we
tell the owner that if the rubble is not removed we will
have the applicant stop doing what he is doing would not do
anything. When staff found out there was some illegal
dumping, Code Enforcement took action. That process takes a
fairly Long time but if the rubble is still there the Code
Officer needs to go out and take a look and decide if Tom
Yang has done what he was supposed to do. Staff allowed the
applicant to occupy the property and start his business
because of this long process.
Chairman HOWARD asked staff why did they feel there was
enough changes to warrant hearing this case, and Mr. Moberg
replied because the conditions were numerous and at the end
of the meeting things were a tittle disoriented, staff feels
that is reason enough to have the Board re-look at the
conditions and either approve them or not. It is difficult
To: City of Wheat Ridge
From: Rod Hayes
3450 Estes Street
Wheat Ridge, CO 80033
231-9981
Date: June 24, 1993
I am writing a letter of support for a variance to allow construction of a
large garage and storage by my neighbor, Bob Conner at 3470 Estes St..
There are three one acre lots in the middle of our block. We all have
houses on the West end of the lots. Our property also has a very large two
bay garage with an attached horse barn at the back of the property. The
structure Bob wishes to build is in no way a problem for us. It will be
right in keeping with the neighboring properties. Pleagse act favorably on
this application.
Respectfull submitted,
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City o£ Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on_the 24th day of June 1993.
CASE NO: WA-93-8
APPLICANT'S NAME: Robert Conner
LOCATION: 3470 Estes Street
Upon motion by Board Member ABBOTT seconded by Board Member
DOOLEY the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS,.BOard of Adjustment Application, Case No. WA-93-8
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-93-8 be and hereby is APPROVED.
TYPE OF VARIANCE: A 500 square foot to the maximum area of 1000
square feet allowed for a detached garage in a
Residential-Two zone district.
PURPOSE: To build a detached garage
FOR THE FOLLOWING REASONS:
1. The lot is one full acre and therefore requires above average
storage for maintenance equipment.
2. There are a few houses in the neighborhood which have over
1000 square foot detached structures.
3. This lot currently has 250 square feet of shed storage, this
plus the 1000 square feet allowed for a detached garage
results in only an increase of 250 square feet.
4. The 1000 square feet allowed for a detached garage is a much
smaller percentage of a full acre than that same 1000 square
feet on a standard builing lot, therefore this oversized
structure seems in proportion.
Certificate of Resolution
Case No. WA-93-8/Page 2
WITH THE FOLLOWING CONDITIONS:
1. Five hundred (500) square feet of the proposed structure must
be devoted to non-vehicular storage.
2. Three existing sheds on the property must be removed no later
than 30 days after issuance of Certificate of Occupancy.
3. No additional sheds, garages or other storage structures may
be constructed at a future date. roximate location
4. Location of the structure will be in the app
indicated in the applicant's survey.
VOTE: YES: Abbott, Dooley, Howard, Reynolds and Rossillon
NO: None
DISPOSITION: Variance granted by a vote of 5-0.
DATED this 24th d~ a~ne, 1993.
~ ~ t
Mary o Chapla, Sec.etary
R ERT HOWARD, Chairman Boar Adjustment
Board of Adjustment