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Home My WebLink AboutWA-93-9The Crty of ~1Vheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat..-Ridge, CO 80033 Phone (303) 237-6944 Applicant T ~ i o,v ~Vj s ~ ~ „ r. ~ Address~,3 S7J ~ ~o~I 5 ~ Phone ~2~-$~jyy ~ _ Owner S ~¢ ~ ~ Address g ~~~ Phone S A~rt~f° 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 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 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 - ' _ ,_ _ _~ '_'k' 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 m this ~ day of .~-;,,,,~~ 19_ J j SEAL My commission expires "'1 _aL.~ -Q S RP(`Pl[1PA Donn-0..~- TT.. - - - n-__ .. --- ~ha s ~ o ~ s ~ ~ ....~ .:.~:,:,~e radii"is• ~ ~'~ i•, , tt.w:a.a ,c.L_.~_.__..._e• t' ~:_tc, ~yTt ei rf scn "Siiie oI C'o-- ~ ~t ~ RaevPn°n Nv_._~__...._~_...~_ _Rmordea ~, Y 1~•s DEED, Haas uuc 1st d+s af'NOVemberu 78 hrt„~ RUSSELL F. DYMOl70 and DORIS N. DYNOND ~i as husband and wife of flu camel of Jefferson ~ Sm4 of Colorado, a< the lint patk and JOY LEDN DYMOtlD ~' c a~,3 otthe °f Jefferson andMrteot m ' E ~ Colorado, of tha raemd put: ' .~ ~~' W11TiR9abT'B. Thn tL aald Partiesotlha f4R Part,toraadmmnddaatlaaof tbmd ~--~- ~a~t ~ft~~ _ nnriy'g¢ •• to th•~~eg-- oft~Dnt~ParDLmPatd M~~F~rtltSI@ C~~79&aWPt .hcaotH hara4T emfetted and aelmowledia6 have R•°ted. hariataea, aota tadwntefad,and hT thw psaamtado .~•,.\. hank bariam, cell, was*¢7 and mnDem, only tha aatd Pasty of the atcood o'c'her hYre and ardsu ton aru, all the followloi drrcriWd lot or parul of land, deoatti Ilmirad b.mim tae comet of Jefferson and seat. at Cototrdo, mrdb Oegintting at a pol•nt on the center 21ne of the West 48th Avenue '_,{; ep whence a point established by County survey as the intersection of .~~ t;U the tiocth and South center line of Section 20, Township 3 South, P.ange 69 t4est of the 6th P.H., and the center of best 44th Avenue q bears North 89.50' East 421.4feet, thence South 0.32' East 317.94 x.\41 feet which is true point of beginning, and the Northeast corner of the tract herein to t, described running thence from said point 'South 0°32' East 44 f?et, thence South 89.25' West 96 feet, thence C north 0°32' West 44'feet, thence North 89.25' East 96 feet, thence I North 0°32' West 44 feet, thence North 89°25' East 96 feet to point of beginning, Except rights of way for ditches Q Commonly described as 5350 Xenon Street, Wheatridge, Colorado Q TOCETHF.R vita all aad dniu:u tW heredttrmeata and apportaaacea thrraw hetonil¢G er m ealwire ~ a-Dartammi. and the mrsatoa and earaxdaek remafadn and rwNnden. tents. Iawn and praEm flwnok sad aR h the seats, r4hk title, latesen. dafm and demaad erhthoeeer of the seed pRies d ~ ffat pack elsaer m ta. G or egWq. o[, m cal m tha rhos hatiamed premteay wlthtt»hatll4meLaffiapfuttanaxa ~ 1'O HAVE AND TO HOLD tIu saW premieea abo» tariained and dretlad with tae appostmanw, mw the utd Part Y d the .owed past, her halts sad tatlina loreter. Aad the raid Part ies of the !lest put, v for art help, arteaton, and rdmtntatraton, de eorenaak [+ank hasiatq and sire' m sad .. with the raid Part Y of the teeond park het~•h• and aadina, chat u the nme o[ the entaalmi sad dsararl of eheu pnrenea, well ert:od a< tW pxrmltes shore eomrled, u o[ iood, rata. pulaek aWdau cad mdefeatlble otate of hsherltaaa, m 4., m fn atmpte, and hag food tiihk fell powv and 4wtnl aothositl W crank batiam, wi! and wnn7 fhe tame m maoaee and form u atoteatW, sad that tae atlase an free and elerr from sU tormer and other iraaW +ariatnr. atlas, Dna, tarn, aaeeaammL sad eneombraaw at wlntern hind es . nature soccer. sad Ou shave hummed Ptrmlaea m tae 9u[at sad pe+eeablr Poewdon of tae tatd patty • of tae record Part. her hairs and an(ina cialnet as and arulPerraa or peaoa+mtnilT datmtns or to claim the .hot. or +al Due therrnf, tbo raid put ieS o[ tha Hret Past shall atu( nID WAER.INT AND FOREVER DEFEND. IN WITNESS WHEREOF, the utd pat! lea of tM IIeK part lu Ve hetemte rn the1~ and real tae dal and leaT fine when wrltte0. ~r~g [SEAL! `RU~ ND_. __ _.__ .._(sF~tta ....._._..._....__.._..._.....,~.....,. Jlt}M1' A ~1.1.-~.21.{.C~J_Gc~1........ .._fSEAt) STATE OF CALORADO, ~ DORIS N. DYMOND ~mtlot Jefferson sL matxumac wu aelmowlded halos me tats / drl o[ ~O t/'liHd~r S,raf~ F. d y/,+oAer K n V D01'% t AJ, t/ ~r++rn d t i erpfeu /pup use C ,Uy/ ,Wlmw m7 hana.na otfklalaal v ~~y~'. C.l/mar .a. ~~ o :_ m•: ,.r Y~:'o Q . . (~I`I'I'~ `1 __._ .. DRA SURVEYING INC. IMPROVEMENT LOCATION CEATIFiC:ATE Scale: 1 "-2G' Beginning at a point on the center line of the 41est 44th Avenue whence p 20' a point established by County survey as the intersection of the Korth ~~; and South center line of Section 20, Township 3 South, Range 69 West of the 6th P.M., and the center of West 44th Avenue bears North 89°50' East 421.4 feet, thence South 0!32' East 317.94 feet vrhich is true point of beginning, and the Northeast corner of the tract herein to be described , running thence from said paint South 0°32' East 44 feet, thence South 89°25' West 96 feet, thence North 0°32' West 44 feet, thence North 89°25' East 96 feet to point of beginning, Except rights of way for ditches, County of Jefferson, State of Colorado W Y rRU6 P.0. B• ~ I ~~"tvn I v AISPRALT DRIVE iZ•S r° - -ALL r (n - ---r v ==m _ 31 0 i uw ~ . V 1 ? I STORY ~ /~'( x7iw°.z L L. S r. 1 •43u^o Y ° Z .~ I vF I 1 X I 247 32.2' c . ~ .._~N/F I <°s'>`) I I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR JAY MEN6EL THAT IT IS NOTALAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DE- SCRIBED PARCEL ON THIS DATE 3/29/93 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES RY IMPROVEMENTS ON ANY ADJO1NiNG PREMISES,; EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. This property is located within a Zone B Flood hazard area according to FEMA Flood Map ,yo, 085079, 2/4/88, Flood information is subject to change. • >''' t''~~f l,+~l ; 3. 3/~ 93 DAA SURVEYING INC. WHEAT RIDGE, COLORADO , M011CE Iame,gb Ctle,MWp, YYSEpe.. ..rY,.,R ..,.,... i ~ c .n. «.. v.«..n. ra w i~w,...wn no, n,..E xn,<.,w,e, ra,,,nY.°,. owNER: Mengel ADDRESS: 4350 Xenon 85 DATE 4/2/93 YOUR NO: SURVEY NO. 55198 / ~ ~~ G~ I W 44TH AVE i~GD G- ~-2 X - .. ;i P o Q 3 G W 42ND AVE NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on July 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-93-9: An application by Joy Leon Mengel for approval of a 2.5' variance to the required 15' side yard setback and a variance to allow building coverage to increase from the maximum allowed 25g to 30.38 on property zoned Agricultural-One. Said property is located at 4350 Xenon Street and is legally described as follows: County of Jefferson and State of Colorado, to wit: Beginning at a point on the center line of West 44th Avenue whence a point established by County survey as the intersection of the North and South center line of Section 20, Township 3 South, Range 69 West of the 6th P.M., and the center of West 44th Avenue bears North 89050' East 421.4 feet, thence South 0°32' East 317.94 feet which is true point of beginning, and the Northeast corner of the tract herein to be described running thence from said point South 0032' East 44 feet, thence South 89025' West 96 feet, thence North 0°32' West 44 feet, thence North 89°25' East 96 feet, thence North 0032' West 44 feet, thence North 89025' East 96 feet to point of beginning. 2, rase No WA-93-10: An application by James R. Quinn for approval of a 23' variance to the required 30' front yard setback for property zoned Residential-Two. Said property is located at 10785 W. 35th Place and is legally described as follows: Lot 7, Block 4, Rolling Hills Subdivision County of Jefferson, State of Colorado P.O. DO%698 TELEPHONE: 9091277.69~~ The Ci(V ~~ 7500 WEST 29TH AVENUE • Wh1EAT RIDGE LGLORA00 8909 ~Iheat ' Ridge POSTING CERTIFICATION CASE NO. In% ~=~J'~ - q PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: -~ ct ~/ ~ ~ ~ ~~ I, residing at n a m e a d d'r e s s h 3 ~~_ hereby certify as the applicant for Case No. 9A> 4 ~' ' that I have posted the Notice of Public Hearing~at o c a ~q~~,~ , and do on this ~ day of ~ ~' 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. map below. NOTE: T ao~ 9 Signature• '~ ((~~ u61ic hearing n this case This form must be submitted ai oaetps case file at the and will be placed in the app Department of Community Development. The sign was pasted in the position shown on the ~~~ S'~~ M A P P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of 7;0n WEST 29T.H AVENUE .WHEAT RIDGE, COLORADO 80034 cheat Ridge July 7, 1993 This is to inform you that Case No. wA-93-9 which is a approval of a 2.5` variance to the required 15' sideyard request for setback and a variance to allow building covera a to increase from the maximum allowed 25% to 30.3% on property zoned Agricultural-one. for property located at 4350 Xenon 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 July 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 Citv" W fl ' ' ., ~ ,~~ ~ _ ',~~ W (~n~~;. ~~ 1~° li I, } i- '^ ~ ~ ~'-°' w 0 O O 0 0 a 0 O w ~ ~ m C7 ~ H Q„) ...~ ¢ U ~ '~.y m w m ~ _ ~ ~ a3 ~ C ~ C. ~b~ ~ Z ~~ ro w.. ~3 a ~ I -0 ~~ I r m ~~ ~ o m ~: 'SS3li00tl Nkifll.3!! dO lHOR! 3Hl Ol 3dOl3AN3 d0 dOl ltl U3HOLLS 30tl~d ilNtllkfOdWl UIUIUIu ~ ~o~ ~ o w a h w a g ya U ~ W S Q fL N J Q 0 W LL W U LL a i,y w U ° ~ c a ~ ~I ~ cg ~ s+ m ~, n~ 0 m ~ p$~ M - - _\ _ __ ~ w a OE'C z99 E`Cb d f a G~ 4 /Y e O W O 0 P 913 667 X98 P 913 667 099 "' "' w ' m ~ ~ = a T7 ~ m v z ~ ~" t+ ytl O W : o ; - R O "~" o ~ m ~ g= i l l o - ~y m m~ a= o m ~ i ~. ~ a m n 3 , ~~ y ~ g I yg ~ A \ 1 ~~ < £< - ~~ ~ N t>a ~ ~ ~ ~ m~ m r°sFi K~ ~ ~ m w I ~ ~ ~ \ ~ + ("' A A Fl m y D 3 a x r O O y m j IMPORTANT. PLACE SliCKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. V y _ ~ R1 O w y2 Q m = c~ O - _~ W O - w w i Z G-_ ~~. 3 m o ,,. N ._. .~ _. . _ r N w C (~ D ~ ~ ~ ~~.', m '~ ~ Q ii N ~ I~ m ga ~a ~ N a: ~ y ~. a ~ a Q N y m d Q ~~ A 4#~ 1-s ea Y~ ~' ~~ T Q G i b ~ V d }~ ~ ID n m ~ 7~J T m wl~...a...y~ ~0j ~Nm '~~ ~m~ Ado ^a3 ~~~ 6a.o m -n-- a~3 ~~~_ gds ~Sa "c3 ~~~ ~ ~: € ~ m. ~ ~PP ~~.~ ~O 5. a~'~ ^PO R' ~O ~ es~ ~__. ~~s ~ +" ~'a ~~~ ~3 ~ v-. am,o p1mC T°-- °gS IB v~ a~¢ Fla' rarAA~N e/~PO s. °a ~_ ~~ m' a ~~d. ~ ~ ~a,R ~ ~ Na~o~ ~~o~y ~F~ '3 ~~~ ~s~ ~__ o~u ~3~ ffa ~~~ a o a ~ ~ 3. a N ~ £ . i ~ ^ ^_lo y m o ~ m a m • a m a Zf ~' n_ m ~ _~ 3 ~ N ^.~ ~ ¢ ~ O N m ~ vi n -ym~, o.~ a ~ z ~ ~ N ,S ~ N m ~ N ..L L'A W D"' D^ -~.~ O .D .~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: July 14, 199~3~7 Date of Meeting: July 22, 1993 Case Manager: Greg MobergC~ Case No. & Name: WA-93-9/MENGEL Action Requested: Approval of a 2.5 foot variance to the required 15 foot side yard setback and a variance to allow the maximum building coverage to increase from 25~ to 30.3. Location of Request: 4350 Xenon Street Name & Address of Applicant(s): Joy Mengel 4350 Xenon Street Wheat Ridge, CO 80033 Name & Address of Owner(s): Same ---------------------------------------------- Approximate Area: 4,224 square feet Present Zoning: Agricultural-Two Present Land Use: Single-family residence Surrounding Zoning: N, ~ & E: Agricultural-Two, W: Commercial-One Surrounding Land Use: ~, ~, & W: Single-family residences, E• Vacant Date Published: July 7, 1993 Date to be Posted: July 8, 1993 Date Legal Notices Sent: July 8, 1993 ----------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Zoning Ordinance (XX) Case File & Packet Materials (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. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-9 REQUEST Page 2 The applicant is requesting approval of two variances. The first is to allow a 2.5 foot variance to the required 15 foot side yard setback and the second is for approval of a variance to allow the maximum building coverage to increase to 30.3 percent.. The property is zoned Agricultural-Two and the purpose of_this request is to allow the construction of an addition to the existing. residence. SITE The subject site has an approximate area of 4,224 square feet with an existing single-family residence and additional shed structures. As per Section 26-19(F) the applicant is allowed to construct buildings up to a maximum 25 percent coverage with 15 foot side and rear yard setbacks. Currently the building coverage is 29.1 percent (this includes covered porches, patios and sheds) and the existing setbacks are 3 and 16.5 feet. Section 26-7(D)(1) allows the applicant to build in line with the existing 3 foot setback. The applicant would like to build within 12.5 feet of -the north property line and increase the coverage to 30.3 percent. Therefore the applicant needs 2 variance to allow construction to commence. 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 for the district in which it is located. Because the property has an existing residential use and denial of this request will not obstruct the continuation o£ the use, the property can yield a reasonable return, and will continue to if permitted to be used under the conditions allowed by t_he Agricultural-Two regulations; and 2. Is the plight of the owner due to unique circumstances. A unique circumstance could be considered as the property is much smaller than the surrounding properties and most properties within the. City; and 3. If the variation were granted, would it alter the essential character of the locality. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-93-9 Page 3 The granting of this variance would probably not -alter the essential character of the local neighborhood as the coverage is already 29 percent and a reduced setback already occurs; and 4. Would the particular physical surroundings, shape or topographical condition of the specific property involved result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of-the regulations were carried out. Again the size of the property (ie. the shape) could be considered a hardship as a residence of any reasonable size would probably breach the maximum building coverage allowed; and 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 in the setting of a precedent for similar requests though few properties within the City are of similar size; 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 variance is not based exclusively upon the desire to make money; and 7. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; The applicant has not created, any hardship; and 8. Would 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 would not be detrimental or injurious to property or improvements within the neighborhood; and 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 safety and substantially diminish or impair property values within the neighborhood. BOARD OF ADJUSTMENT STAFF REPORT CASE ND. WA-93-9 Page 4 The granting of this variance would not impair the adequate supply of light or air to adjacent properties nor increase traffic congestion or endanger public safety. CONCLUSIONS & RECOMMENDATIONS Based on the preceding 'Findings of Fact', staff has reached the following conclusions: 1. A unique circumstance could be considered as the property is much smaller than the surrounding properties and most residential properties within the City; and 2. The granting of this variance would probably not alter the essential character of the local neighborhood as the coverage is already 29 percent and a reduced setback already occurs; and 3. Again the size of the property (i.e., the shape) could be considered a hardship as a residence of any reasonable size would probably breach the maximum building coverage allowed; and 4. The applicant has not created any hardship; and 5. The granting of this variance would not be detrimental or injurious to property or improvements within the neighborhood; and 7. The granting of this variance would not impair the adequate supply of light or air to adjacent properties nor increase traffic congestion or endanger public safety. Based_on_the conclusions derived from the preceding, staff would recommend that Case No. WA-93-9 be APPROVED. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 22, 1993 Page 2 2. APPROVE THE ORDER OF THE AGENDA Consensus was to approve the order of the agenda as printed. 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 °r $.z _ Case No. WA-93=9 An application by Joy Leon Mengel for apprdval of a 2.5' variance to the required 15' side yard setback and a variance to allow building coverage to increase from the maximum allowed 25% to 30.30 on property zoned Agricultural-One. Said property is located at 4350 Xenon Street. Greg Moberg presented the staff report. All pertinent documents were entered into record ,which Chairman HOWARD accepted. Board Member ROSSILLON_asked what are the side yard setbacks in an Agricultural zoning, and Mr. Moberg answered 15 feet. Chairman HOWARD asked if the lot coverage that was presented is based on the 4200 square feet, and Mr. Moberg said yes,. that is including the front porch and back porch. Mr. Moberg added the front porch and two sheds will be removed. Chairman HOWARD asked if this is going to be a garage or an addition to the living space, and Mr. Moberg replied it will be an addition to the living space only. No further .questions were asked of staff at this time. The applicant, Joy Leon Mengel, 4350 Xenon Street, was sworn in. Ms. Mengel said she feels this will be an asset to the neighborhood. It will be a two-story addition and Ms. Mengel said her mother is living with her right now, so the additional space is needed. Chairman HOWARD asked if both stories are above ground; no sub-basement, and Mr. Mengel answered both stories are above. Board Member ABBOTT questioned the shape of the addition not being squared off and wondered what the. purpose was for the 2-3 sliver of addition on the north, and Ms. Mengel-said she feels it is .architecturally better looking and would be the only practical way to have the stairway to the second floor_ CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 22, 1993 Page 3 Board Member DOOLEY added it would also keep from disrupting the one wall of the house by adding the entrance on the side. Chairman HOWARD said this property is in-the Zone B flood plain, and Mr. Moberg answered yes, however being it is not in the 100-year flood plain no rules or regulations have to be taken into consideration. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-93- 9, an application by Joy Leon Mengel, be APPROVED for the following reasons: 1. There is an unique circumstance as the property is much smaller than the surrounding properties and most of the residential properties in the City. 2. The granting of this request will not alter the existing character o£ the neighborhood. 3. The size of_the existing house is 76.8- square feet.and does create a hardship as a residency. 4. The portion of the addition on the north side creates- the need for the setback variance and maximum square foot variance because it is the only practical solution to provide for an interior stairway to the second story. Motion was seconded by Board Member DOOLEY. Board Member ROSSILLON questioned this being a 29$ increase rather than 25~, and Mr. Moberg answered the code only allows construction up to 25$. This structure was built prior to our code and is an illegal non-conforming use-and in reality it is a 29-30~ increase. Motion carried 6-0. Resolution attached. B. Case No. WA-93-10: An application by James R. Quinn for approval of a 23' variance to the required 30' front yard setback for property zoned Residential-Two. Said property is located at 10785 W. 35th Place. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman HOWARD accepted. No questions were asked of staff. The applicant, James R. Quinn; 10785 W. 35th Avenue, was sworn in. Mr. Quinn said prior to this request, he had exhausted all potential alternatives. Mr. Quinn said he does have experience in planning and zoning and is familiar with the rules and regulations as he was the Director of 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 22nd day of July 1993. CASE NO: WA-93-9 APPLICANT'S NAME: Joy Leon Mengel LOCATION: 4350 Xenon 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-93-9 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-93-9 be and hereby is APPROVED. TYPE OF VARIANCE: A 2.5' side yard setback and to allow an increase in building coverage to 30.30. PURPOSE: To construct an addition FOR THE FOLLOWING REASONS: 1. There is an unique circumstance as the property is much smaller than the surrounding properties and most of the residential properties in the City. 2. The granting of this request will not alter the existing character of the neighborhood. 3. The size of the existing house is 768 square feet and does create a hardship as a residency. 4. The portion of the addition on the north side creates the need for the setback variance and maximum square foot variance because it is the only practical solution to provide for an interior stairway to the second story. CASE NO. WA-93-9/RESOLUTION Page 2 VOTE: YES: Abbott, Dooley, Rossillon NO: None Howard, Junker, Reynolds, and DISPOSITION: Variance approved by a vote of 6-0. DATED this 2Q2nd day of Jnuly, 1993. /1 • ~bC_. ~ ROBERT HOWARD, Chairman Marl o Chapla, 'ecretary Board of Adjustment Board o Adjustment