HomeMy WebLinkAboutWA-95-10
(,~ The City of
_YY eat ADMINISTRATIVE PROCESS APPLICATION
Ridpra Department of Planning and Development
6 7500 West-29th Ave., Wheat Ridge; CO 80033
Phone (303) 237-6944
Applicanti~ ~ Address ~ C~ h Phone v ~~ --~
Owner Sq}~f ~° ~~ l.~,~j ~ p_ Address i 1~ Scy~J7L'' Phone Sciryie
Location ,of request (p ~ ~j ~ UtI ~~~h f1~Jt~.
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
d Change of zone or zone conditions Variance/Waiver
Site development plan approval ~NOnconforming 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
Preliminary Miscellaneous plat
8 Final Solid waste landfill/ '
** See attached procedural-guide mineral-extraction permit
for specific requirements.- ^ Other
Detailed-Description of request ~ ~ ~~( ~~~
List all persons and companies who hold an interest in-the described real
property, as owner, mortgagee, lessee, optionee, etc.
N ADDRESS ( PHON~~
1a~Pf~~~morJ~- -- L~7_ c~ t,~V ~~`~ ~e~U~~.r~~ae~y ~ ~
5 ~~e.-~'aC ~' can ~~ -~~- 1
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 actior, cannot lawfully-be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of-this action on his behalf.
~~ ~ ~ i
Signature of Applicant _//
Subscribed an swo n to e s ay of_ 19_~ v
N tary ublic-- -
SEAL
y commission expires -~
Date Received 3 -,~~- -q~ Receipt No. __ Lf~lB _ __ _ Case No.
ASSIGNMENT OF DEED OF TRUST
For value received, UNITED CAPITAL MORTGAGE CORPORATION, an Arkansas
Corporation hereby sells, assigns and transfers to Norwest Mortgage Inc., Its Successors
and Assigns, all rights, title and interest in and to a certain Deed of Trust executed by
MICHAEL C. ELMONT
to UNITED CAPITAL MORTGAGE CORPORATION, AN ARKANSAS CORPORATION and
bearing date this 16TH day of August A.D. 1993, and recorded in the office of the recorder of
SAID County of JEFFERSON, State of Colorado for the property known and numbered as: 6730
WEST 29TH AVENUE DENVER, COLORADO 80214-8023 and which Deed of Trust encumbers
the property legally described as:
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 7; THENCE EAST 238 FEET TO
POINT OF BEGINNING, THENCE EAST 60 FEET; THENCE SOUTH 120 FEET; THENCE
WEST 60 FEET AND THENCE NORTH 120 FEET TO THE POINT OF BEGINNING, COUNTY
OF JEFFERSON, STATE OF COLORADO.
CAPITAL MORTGAGE
Colleen M. Ranney, Asst.
STATE OF COLORADO )
ss
COUNTY OF DENVER )
TION
~~
President
On this 16TII day of August A.D. 1991, before me, the undersigned, a Notary Public in and for
the COUNTY OF DENVER, personally appeared Colleen M. Ranney to me personally
known, who being duly sworn, did say that he is the Asst. vice Presidentof UNITED
CAPITAL MORTGAGE CORPORATION, AN ARKANSAS CORPORATION, and that said
instrument was signed on behalf of said corporation by authority of its Board of Directors, and
the said Notary Public acknowledged the execution of said instrument to be th,e
voluntary act and deed of said corporation by it voluntariy~do~te and executed.
Witness my hand and notarial seal the day
Notary Public-State of Colorado
Kimberli Underwood
14001 E. Iliff Ave., 11109, Aurora, CO 80014
My Commission Expires: 12/19/93
Return to:
UNITED CAPITAL MORTGAGE CORPORATION
14001 EAST ILIFF AVENUE, SUITE 109
AURORA, COLORADO 80014
[ SPACE ABOVE THIS LINE FOR RECORDING DATA ]
FHA Case Na.
State of Colorado Deed of Trust
051:8049149-729
1292256
THIS DEED OF TRUST ("Security Instrument") is made on August 16, 1993 among the
gmntoq
MICHAEL C. ELMONT
("Borrower"),
the Public Trustee of the SAID County of JEFFERSON ('Trustee"),
and the beneficiary, UNITED CAPITAL MORTGAGE CORPORATION, AN ARKANSAS CORPORATION
which is organized and existing under the laws of TIIE STATE OF ARKANSAS, and whose address is
14001 EA5T ILIFF AVENUE, SUITE 109
AURORA, COLORADO 80014 ("Lender").
Borrower owes Lender the principal sum of
SIXTY-NINE TIIOUSAND EIGI[T IIUNDRED EIGIITY-FIVE AND 00/IOOths Dollars
(SU.S. 69,885.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 1,
2023. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,
with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with
interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c} the
performance of Borrower's covenants and agreen;ents under this Security Instrument and the Note. For this
purpose, Dorrower, in consideration of the debt and the trust herein created, irrevocably grants and
conveys to Trustee, in trust, with power of sale, the following described property located in the SAID
County of JEFFERSON, Colorado:
BEGINNING AT TIIE NORTIPVVEST CORNER OF SAID BLOCK 7; THENCE EAST 238 FEET TO
POINT OF BEGINNING, TIIENCE EAST 60 FEET; TIIENCE SOUTII 120 FEET; TIIENCE
WE5T 60 FEET AND TIIENCE NORTH 120 FEET TO TIIE POINT OF DEGINNING, COUNTY
OF JEFFERSON, STATE OF COLORADO.
which has the address of: 6730 WEST 29TH AVENUE, DENVER, COLORADO 80214-8023
("Property Address")
Page 1 of 5 PI[A Colorado Dccd of Trust - 2J91
• TOGETHER WITH all th• provements now or hereafter erected o ~e Property, and all easements,
rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and
all fixtures now or hereafter a part of the Property. All replacements and additions shall also be covered
by this Security instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property'is unencumbered, except for
encumbrances of record. Dorrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances oC record.
1. Payment of Principal, Interest and Late Charge.. Dorrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges,
an installment of any (a) taxes and special assessments levied or to be levied against the Property, (b)
leasehold payments or ground rents. on the Property, and (c) premiums for insurance required by
Paragraph 4.
Each monthly installment for items (a), (b) and (c) shall equal one-twelfth of the annual amounts, as
reasonably estimated by Lender, plus an amount sufficient to maintain an additional balance of not more
than one-sixth of the estimated amounts. The full annual amount for each item shall be accumulated by
Lender within a period ending one month before an item would become delinquent. Lender shall hold the
amounts collected in trust to pay items (a), (b) and (c) before they become delinquent.
If at any time the total of the payments held by Lender for items (a), (b), and (c), together with the
future monthly payments for such items payable to Lender prior to the due dates of such items, exceeds
by more than one-sixth the estimated amount of payments required to pay such items when due, and if
payments on the Note are current, then Lender shall either refund the excess over one-sixth of the
estimated payments or credit the excess over one-sixth of the estimated payments to subsequent payments
by Borrower, at the option of Borrower. [f the total of the payments made by Dorrower foe item (a), (b),
or (c) is insufficient to pay the item when due, then Borrower shall pay to Lender any amount necessary
to make up the deficiency on or before the date the item becomes due.
As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban
Development or his or her designee. In any year in which the Lender must pay a mortgage insurance
premium to the Secretary, each monthly payment shall also include either: (i) an installment of the annual
mortgage insurance premium Lo be paid by Lender to the Secretary, or (ii) a monthly charge instead of a
mortgage insurance premium if this Security instrument is held by the Secretary. Each monthly
installment of the mortgage insurance premium shall be in an amount sufficient to accumulate the full
annual mortgage insumnce premium with Lender one month prior to the date the full annual mortgage
insurance premium is due to the Secretary, or if this Security Instrument is held by the Secretary, each
monthly charge shall be in an amount equal to one-twelfth o[ one-half percent of the outstanding
principal balance due on the Note.
It Borrower tenders to Lender the full payment of all sums secured by this Security Instrument,
Borrower's account shall be credited with the balance remaining for all installments for items (a), (b) and
(c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the
Secretary, and Lender shall promptly refund any excess funds to Dorrower. immediately prior to a
foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with
any balance remaining for all installments for items (a), (b) and (c).
3. Appliption of Paymcitts. All payments under paragraphs 1 and 2 shall be applied by Lender as
follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly
charge by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and
other hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note;
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies,
including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts
and for the periods that Lender requires. Borrower shall also insure all improvements on the Property,
whether now in existence or subsequently erected, against loss by floods to the extent required by the
Secretary. All insurance shall be carried with companies approved by Lender. Ttte insumnce policies and
any renewals shall be held by Lender and shall include loss payable clauses in favor oC, and in a fonn
acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Bach insurance company concerned is hereby authorized and
directed to make payment for such loss directly to Lender, instead of the Dorrower and to Lender jointly.
..; .( 5
Page 2 oi' S
Ali or any part of the insura~ proceeds may be applied by Lender, at-its option, either (a) to the
reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent
amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the
restoration or repair of the damaged Property. Any application oC the proceeds to the principal shall not
extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change
the amount of such payments. Any excess insurance proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally
entitled thereto.
In the event of foreclosure o[ this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in
force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property;BOrrower's Loan
Application;Leaseholds. Dorrower shall occupy, establish, and use the Property as Borrower's principal
residence with sixty days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless the
Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Dorrower shall notify Lenders of any
extenuating circumstances. borrower shall not commit waste or destroy, damage or substantially change
the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect
the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable
action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide Lender with any material information) in connection with the
loan evidenced by the Note, including, but not limited to, representations concerning Borrower's
occupancy of the Property as a principal residence. [f this Security Instrument is on a leasehold, Borrower
shall comply with the provisions oC the lease. If borrower acquires fee title to the Property, the leasehold
and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay
would adversely affect Lender's interest in the Property, upon Lender's request Dorrower shall promptly
furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform
any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding
that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for
condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to
protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in Paragraph 2.
Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shall bear interest from the date of
disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable.
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in
place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount
of the indebtednss that remains unpaid under the Note and this Security Instrument. Lender shall apply
such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to
any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of
principal. Any application of the proceeds to the principal shall not extend or postpone the due date of
the monthly payments, which are referred to in Paragmph 2, or change the amount of such payments. Any
excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
8. Pees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Aaxleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of
payment defaults, require immediate payment in full of all sums secured by this Security
Instrument if:
(i) Borrower defaults by failing to pay in Cull any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the
prior approval of the Secretary, require immediate payment in full of all the sums secured by this
Security instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the
Property, is sold or otherwise transferred (other than by devise or descent) by the Borrower,
and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,
or the purchaser or grantee does so occupy the Property but his or her credit has not been
approved in accordance with the requirements of the Secretary.
Page 3 of S
(c) No Waiver. 7f circu~nces occur that would permit Lender to ~.~ire immediate payment in
full but Lender does not require such payments, Lender does not waive its rights with respect to
subsequent events.
(d) Regulations of 1fUD Secretary. In many circumstances regulations issued by the Secretary will
limit Lender's rights in the case of payment defaults to require immediate payment in full and
foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure it
not permitted by regulations oC the Secretary.
(e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note
secured thereby not be eligible [or insurance under the National Housing Act within 60 days
from the date hereof, Lender may, at its option and notwithstanding anything in paragraph 9,
require immediate payment in full of all sums secured by this Security Instrument. A written
statement of any authorized agent of the Secretary dated subsequent to 60 days from the date
hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed
conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be
exercised by Lender when the unavailability o[ insurance is solely due to Lender's failure to remit
a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in
full because o[ Borrower's failure to pay an amount due under the Note or this Security Instrument. This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,
to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and
reasonable and customary attorney's fees and expenses properly associated with the foreclosure proceeding.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain
in effect as if Lender had not required immediate payment in full. Ilowever, Lender is not required to
permit reinstatement if: {i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (li) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
Il. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to any
suceessor in interest of Borrower shall not operate to release the liability of the original Borrower or
Borrower's successor in interest. Lender shall not be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by mason of any demand made by the original Dorrower or
Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not
be a waiver of or preclude the exercise of any right or remedy.
12. Succxssors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and
agreements o[ this Security Instrument shall bind and benefit the successors and assigns of Lender and
borrower, subject to the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint
and several. Any Dorrower who co-signs this Security Instrument but does not execute the Note: (a) is
co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instument; and (c) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument
or the Note without that Dorrower's consent.
13. Notices. Any notice to Borrower provided Tor in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method.
The notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any
shall be deemed to have been given totDoB orwer or Lender when given as provided hn theis paragrephument
14. Governing Law; Scverability. This Security Instrument shall be governed by Federal Law and the
law of the jurisdiction in which the Property is located. in the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note are declared to be
severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument.
16. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,
prior to Lender's notice to Dorrower oC Dorrower's breach of any covenant or agreement in the Security
Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee Cor the
benefit of Lender and Borrower. This assignment oC rents constitutes an absolute assignment and not an
assignment for additional security only.
IC Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by
borrower as trustee for benefit of Lender only, to be applied Lo the sums secured by [andS(c) each
Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property;
tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written
demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its right under this paragraph 16.
Lender shall not be required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any
other right or comedy of Lender. This assignment of rents of lire Property shall terminate when the debt
secured by the Security Instrument is paid in full.
Page 4 oC S
}NON-UNIFORM COVENANT~Borrower and Lender further covenant an~gree as follows:
17. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may invoke the power o[ sale and any other remedies permitted by applicable law. Lender shall
be entitled to collect ail expenses incurred in pursuing the remedies provided in this paragraph 17,
including, but not limited to, reasonable attorney's fees attd casts of title evidence.
I[ Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence
of an event of default and of Lender's election to cause the Property to be sold. Lender 5ha11 mail a
copy of the notice to Borrower as provided in paragraph 13. Trustee shall record a copy of the notice
in the county in which the Property is located. Trustee shall publish a notice of sale for the time and
in the manner provided by applicable law and shall mail copies of the notice of sale in the manner
prescribed by applipblc law to Borrower and to the other persons prescribed by applipble law. After
the time required by applicable law, Trustcc, without demand on Dorrower, shall sell the Property at
public auction to the highest bidder for cash at the time and place and under the terms designated in
the notice of sale in one or more parcels and in any order Trus[ce determines. Trustee may postpone
sale of any parcel of the Property by Punrchase the ProC1ertatathatttsale and place of arty previously
scheduled sale. Lender ar its designce may p P Y Y
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time
the purchaser will be entitled to Trustee's deed. The recitals itt the Trustee's decd shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the
following order: (a) to all expenses of the sale, including, but not limited to, rpsottable Trustee's and
attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or
persons legally cittitled to it.
18. Relmse. Upon payment of all sums secured by this Security Instrument, Lender shall request that
Trustee release Lhis Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing
debts secured by this Security Instrument. Trustee shall release this Security Instrument without further
inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees.
19. Waiver of IIomcstcad. Borrower waives all right of homestead exemption in the Property.
Acceleration Clause. Borrower agrees that should this Security Instrument and the note secured
thereby not ba eligible Cor insurance under the National Ilousing Act within 90 days from the date
hereof, Lender may, at its option and notwithstanding anything in Paragraph 9, require immediate
payment in full of all sums secured by this Security Instrument. A written statement of'any authorized
agent of the Secretary dated subsequent to 90 days from the date hereof, declining to insure this Security
Instrument and the note secured thereby, shall be deemed conclusive proof of such ineligibility.
Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of
insurance is soley due to lender's failure to remit a mortgage insurance premium to the Secretary.
Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and
shall amend and supplement the covenants and agreements of this Security Instrument as it the rider(s)
were in a part of this Security Instrument. [Check applicable box(s)].
^ Condominium Rider ^ Graduated Payment Rider ~ Ad3ustable Rate Rider
^ Planned Unit Development Rider ^ Growing Equity Rider
BY SIGNING DELOW, Borrower accepts and agrees to the terms contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
(Seal)
MICHAEL C. ELMONT Borrower
Borrower
(Seal)
Borrower
Borrower
[Space Below This Line For Acknowledgement
State of Colorado jSS:
COUNTY OF DENVER )
I a Notary Public in and for said county and state, do
hereby certify that MICPIAEL C. ELMONT ,personally appeared before me and is {are} known or proved
to me to be the person(s) who, being informed of the contents of the foregoing Instrument, have
executed same, and acknowledged said instrument to be his, her, their free and voluntary act and deed and
that he, she, they executed said instrument for the purposes and uses therein set forth.
Witness my hand and official seal this 16TH day of August, 1993.
My Commission Expires: (SEAL)
Notary Public
Page 5 of 5
pUG~1~-yb recce ...-. ... ... .~ _
~a
=CAL@ 5" + `x o
~~iAQ~~~~ ~~~~~~~~~~~~
~t ~V~~~~x~~' ~~~.
~4lG 60.8hsrman 9t» 9ulte ~ CrigbVtOOd. Cnlarado eDt}C • 761.8055
Surveying Colort~do Since 7D72 • FAX: 761.0841
~•~,
I
I~
.y
~I,
~~•~µ~
~, ~ 1
~ ~
~ ~l
~~
~ °
~ a
~
~,d'
~~
i M .....
a' ~!
I
~.
!~
i'%kAiRf
} !~
._.....*'..~..~W_
1
~~
~~ .
N
~(~, 93»8727
ZxnMOxm)
LEGAL DESC1tIPTIa13
ruAr PJ~iM 8f 7HE NEST 357 !I2 }"D£T PF 9I~t~K '1, N.TuiiGRR5d~t' 8 eVDViYi~YON~ rDtianXH1~•D ;
x4 !'ALLOWS s
86GxNNINO A"C THE NOATY~WE6T Ca~A OF BaID Bi+iYC1C 7r 7'{tDt3GD $737 23f1 U~6ex 'Xb gOYN't @£
8zra:r>~xNo, rxz"r+cs sass 6o a~>;zr rrt~Na~m sav~rx 1zo r~t;'sr rit~,xa~ ~c~ G.0 rrr~~r rxb
~'NxirC~ NORTH 120 {'!Rx TO Tf;i# POINT or pl;Gth'~1Xi1SAe
1~LSO~IttyOt NsA8 b~34 ~4Pr~9~ti ~7, Ems"
pwaD.M Y~QN NNWnd Flood InwmC. Map'M. N` Mt gafimuni0'.lka1~ O.NC7EM h Mlo lU~o~+d fbCd Netrctnc. Pmp~.n4--,...
lhnyvbryMlhµONp~RVdNeHbMM( .+I/01• IoCdIMWIW~.lbodnaWD]ItbWIWn1„».S ).r:waUN4MNwidwnlninaoUNNau~MraN Mgp'IAIN.D~~
rrn.FFdotdt~r cJ' 35>"U ~ teMlnlmEw.,.-, ~DV'~--G~---~-^...-..'
~ Z . d 6'S~ e.minunwnmwr s"..........._........._.._....
(rNXTED CAPIm1~L M01t'~`GAGE
Mroe4 aaW
wiy.awnwl
nqt
moo..., ........._..-_
ilie doaemMk pppptd unhr M kw! b do FWore! Copy~pry Fa, Th4 Me«+rq lhtll n>f bo mro ryta t:l~.'A a ury
dI>K Mw~ I+I xMah M arw.'trq 4 aeH'b~ fauna d RRD.ilmpad tfN tdadef N MaWacad ~ % ~' .
/~o~~ / O.A 2.a
~a~1WG tnaNkaiots~+t04l1oMPwwnhoAl^i~ucha`%• 1
NOTICE OF PUBLIC HEARING
.Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on April 27, 1995, 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:
A. Case N4. TUP-95-4:_ An
approval of a Temporary
be used as a residence
Agricultural-One zoned
Street.
application by Lucile Knowlton for
Use Permit to allow a motorhome to
for a dependant care aid on
property located
at 4471 Kipling
B. Case No. WA-95-8: An application by David Rediger for
approval of a variance to allow possession of a pot-bellied
pig on Residential-One zoned property located at 9733 W.
32nd Avenue.
C. Case No. WA-95-7: An application by Hazel Bond for approval
of a 2 foot fence height variance for property zoned
Residential-Two and is located at 7105 W. 30th Avenue.
D. Case No. WA-95-9: An application by T.W.. Taylor for
approval of a 2 foot fence height variance for property
zoned Residential-Two and is located at 9801 W. 38th Avenue.
E. Case No. WA-95-10: An application by Michael Elmont for
approval of a 7 foot side yard setback variance in a
Residential-One zoned property located at 6730 W. 29th
Avenue.
~~ \.~ 1.1.1 BLS
Mary Chapla, Sec taer i-y
Wanda Sang, City Clerk
To be published: April 13, 1995
Jefferson Sentinel
'~
P.O. BOX 638 - - -TELEPHONE: 303/237.6944 The City Of
7500 WEST 29TH AVENUE WHEAT RIDG E,_COLO RAD080033 cwheat
Ridge
April .12, .1995
This is to inform you that Case_No. WA-95-.10 which_s a request_
for =approval of a 7 foot side yard setback variance in a Residential-One
zone district
for property located at
6730 W. 29th Avenue
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 27, 1995
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"
The City of
Wheat
Ridge
7r~pp WEST 29TH AVENU DO 80215'
WHEpT RIDGE, ~~0~
LN~~xaeane*
a
~ ~
S
.~
~ ~
s
r- ~
~ G
~- ~r
,.
p 9L7 yu(, 421~
p-W--i........ - CLM1
CERTINEO KEE ~ RETUHN RE
TDiAL FQ+TAG~
Iln~"~""-
,:,ya~~~. .
, ~~ ~~
4 ' ~p ~
LL. ~•1°i [,: . .
,~. ~0 13 A?;i Rvi ~;.
_ _.~ j ly9~ t:~ n~,o
~
tr,`.,V"c. ,,.~._ ~.
~ E 1iJ"., m ' .°
C~1~1~{,~i.1.1}J ~ ,.~
~ ~t'` ,9' ~~~~,~ ~
^a-==`^^:+'s-""' - L '°".~+
~t
. . ~
___----
~
~
~~ ~
t Py.n2~,~
t`;^:: ;~i~ ~~~eax
~, 7. o~it» 2~tkt a4v~ Q^a,~~
'~ ' ..: ~t ~3.d~5en CU
pg FORM 3800
REGE~PT F~R CERTIFIED MAi~
cr~rv oF wH~~T a~h ;~
~n~r nn ~~ t"
~"~~~I~ ~ ~ ~~9~
LLa~~~s~ u ~-L.
Tne cfry o~ ~,~Q~HEAp9'o
~Wheat ~ m
~Ridge -
C~~ORA~Q
7500 WEST 29TH AVENUE
WHEAT RiDGE, COLORADO 80215-
~ ~q~ William
ro"°o ~2865 W.
~~ ~'~OpR Denver,
, --.._.~~ilr` ~. ___
i.
S __ _ _
~ 5'~;,1 ~ rPRi3,c'~f:,~• ~ ., t. ': "„_ i'•
''~~ ~ ~ l .5 ? ,
~ .
~ ~
C, ~ "!~1
v I~ t~ ~ a!:P
& Eleanor ~squibel ~ `~~~ ~~,_;;r~
28th Avenue ~~h.~~'rv
co ~bVHEAT Rt[7G~
~ PPSipcE I
RETURN SIIOWTOWHOM.~AT[ANO flESTHiCTEDI
RECEIPT ADOqE55OFOELNE1iV ~ pELNEqy
. $EflVICE GERIIFlEUFEEFqEtUpNFLCEIPT I
nj TOT PO
N
~~ReryclMPaper ~-
~
~
~
N
a
~
a
N. STNGE FNO FEES I
NVINSUH/1Nl:C VOVtHpGLYµVV111[U-
SENTTO: ~ NOTFOFINiEPNATWNALMAIL
~ . ,ur' nmw ,~.~
r"''..
C 5~1711~
{~ 2~6.5 h'«
~ lteasver,
~~
~~ ~ ~, ~,~- n~nn nr~ r~
_ ._~~Lt---- r APF2 2 4~ 1995 :
^ t POSTMAAR 6A OAiE o
/ i w rr-. ` /
o~ ~~,i~uI/II~ ~
W v yl~f .
W ~~MNING & DEVELOPMENT
LL~~
i,p¢
. F~
k fil~riorr ~S~3be1 ~w
2$~h Avatta~x Yo
C€1 tt€~214 ~ ~_
µ U~
~~
PS FORM 38Q0 E~
~ RECEIPT FOR CERTIFIED MAfL o
~s u ~E~~E ~
l
E
i
i
0
3
W
0
0
T
0
W
W
O
P 917 446 420
n.e .,~ OJ U1 W~ ~~~o^~~
.. pJ Dm y~a an.
__--0. -- ~- ~~~ N ~
~
_- m S'-~~~
5~
3 d.
c
c C, a~
n =mom ,~~
g m'
W
-~
9m
~
m
~ a
¢ +¢! W n.
~ O $~ ra om
A3
~°a'3 ~w~.
_i
-. D D ~ 81' t7 a _~.o am'
_
_ (ll 31 D N J ~m
m ~ m c ~ - m ~+ N fy °~3 ~v
Zi m ~ _ ~ ~ a nr", ~s°
~'~ ~ ~ ~ ~ mar s;~
~ ~ ° ~ t~ ~ o ~~u
° ~ °-o
-a~
~ =' ~~_ o
y 4F A' 3
P 917 446 659 -,~_~ _ _._ ... ~_ ~~~-°-
a~~~>~9S
r~ '~¢
~ ~
~~
~~
7J
m
n
m
v
m
I~
\I
m
m
v
D
r
C3 Q
CS ~
w
ss
In
n
m m m W ~
m
m ~ ~ I
n v z
m -i ~ y
^a
! !o~
I g ti
....
~ z
-~~_
o n '= o ~
m
~ a~ a
a ~o 1
n m ~
m
m
.
~ ~
o
~ ~
m a ~g
~' ~
~ v
~
° ~
-
r :; 1
s
a
a
n
IMPORfANP. PLACE STICKER AT TOP OF ENVELOPE TI
7HE RIGHT OF RETURN ADDRESS. T~
n T~~~~.3
~
n ^
m ~
o
A
~N
~
~
n
n acF
o
V N
a ~
~
m aAO
~
p1
A n n
a
a. r
~ m
m
~ e a
~ ~ F,~3 Nc
°
~ ?a
e ~ ~. ~o
~
" ~
8 a
~
~
D
~
mo
d~
N
~~
R
~ °£~ 3
(~$ ryT~$ o
~3
c
.
~ `Sa m
n n
n
3
~~
~. ,~ _
a ~
3 m
V d A ~ 2
m
CI ~ a
N ~ ^. I
~O D(~ j~
l~-"• ~ ry ~ N ~ i
m
m m ~ 1'Q ~-
]]D'
~
~7
r ~ ,
~
,
a m a '.
~ N ~ N
Q^ 3 m m
,
°'
~
" m
m
~'
0
~ ~ N
O N d
.~ ~
~ ,
m
m N
N
r ~
O
77
m
n
m
v
0
n
m
m
m
O
n
r
IMPORTANP.
P 9Z7 446 007
~Q 'V' N
E3 ~
c a '"
!A €±
C7 9
1+*
a
m m m
~ m
m y ~
O ~ 0Q2 O
y ~_ my2 D
yV ~
o~
m o~
z m <v
m ~ <g
~a
n ~
y ~m
0
3
a
°x
°a
m
{'~' ~
a~
O
3
_ W
00
J
3
6
N
0
~n
1
n
m
C
Z
W V
Z a O
~ ~ m
~°,
~ ~ f
N
d ~
a
m n
m
a m`
N
a
ag ^~aT
T 'y
C1
~ ~
ni. Rt
Rry{
~pV9@ *i ~
£3
fJ
i~
k-
N
m
n
lol ~
m
C7 `<
m
T
m
~W$• - •m
Dmy$y'~=4~i
_.- y v
6A~.~ _~A
ap ~'=m' °c mm
a' p" ~~~
~ ^ m '3
NW-
m a~,o °n'n
"A~ $m'o
fro ~wN
~°oo
°a~~
``~~~' ~ ~' ~ g°:
a, m
~m'o ~+.~
.°' NCr
0
~S' o+r
oF,a 3'$
m'~3E "o ~~
mn' ^~
Q~$ ~~7
~~m dR
~~a ~~
a'N ~
s ~
a ~ ~~
~ - 3 dL~
~ D
..ON n N' ~
T o
6 71 D m
r m n m a ~.
t ~ ~ m ~
D" 3 m ~ m o
a ~ ~qp'~
~ N O N Fyn
o ~ v `0'
~ ~ N a ~'N
fD `G N ~S
~ w ~. ~
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
DAIS OF MEETING: April 27, 1995 DATE PREPARED: April 19, 1995
CASE NO. & NAME: WA-95-10/ELMONT CASE MANAGER:~eredith Reckert
ACTION REQUESTED: 7' side setback variance in a Residential-One
zone district
LOCATION OF REQUEST: 6730 W. 29th Avenue
NAME & ADDRESS OF APPLICANT: Michael Elmont
6730 W. 29th Avenue
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: 7200 square feet
PRESENT ZONING: Residential-One
PRESENT LAND USE: Single-family
ZONING: N: Residential-Two, ~:, E:, & W: Residential-
- One
SURROUNDING LAND USE: N:, S:, E: & W: Low density residential
DATE PUBLISHED: April 13, 1995
DATE POSTED: April 13, 1995
DATE LEGAL NOTICES SENT: April 12, 1995
AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE
ENTER INTO RECORD:
( ) Comprehensive Plan (xX) Case File & Packet Materials
(XX) Zoniag Ordinance ( ) Slides
( ) Subdivision Regulations (XX) Exhibits
( ) Other
JURISDICTION:
The property is withia the city of Wheat Ridge, and all
notification and posting requirements have been met, therefore
there is jurisdiction to hear this case.
8+
BOARD OF ADJUSTMENT STAFF REPORT
CASE N0. WA-95-10 Page 2
I. REQUEST
The applicant requests approval of a 7 foot side yard
setback variance in a Residential-One zone district for-
property located at 6730 W. 29th Avenue. Pursuant to
Section 26-10(F), a detached garage in the Residential-One
zone is required to have a 15 foot side .setback. The
applicant is requesting an 8 foot setback.
The development regulations for Residential-One zoning
require lots to be 12,500~square feet in size with 100 feet
of lot width. The applicant's property is non-conforming in
that it is only 7200 square feet in size with 60 feet of
width. The house was built in 1941.
~. ~ .',
-~f: CRITERIA
1. Caa the property in question yield a reasonable retura
in use, service or income if permitted to be used oaly
under the conditions allowed by regulation for the
district in which it is located.
The property could continue to be used as a residence if the
variance is not granted. However, if the 15 foot setback is
met it leaves only. 16.9 feet of width and requires that the
garage be attached to the house. The property owner to the
east has indicated that they support the variance only if
the garage is setback 60 feet as proposed.
2. Is the plight of the owner due to unique circumstances.
Circumstances are unique because of the substandard lot size
and width. The applicant's property is comparable in size
~ to an Residential-One B lot (7500 square feet of area with.
60 feet of lot width required). The minimum side setback
for an R-1B lot is 5 feet.
3. If the variance were granted, would it alter the essential
character of the locality.
If the variance were granted 'it would not alter the
character of the area as there are other setback
encroachments in the vicinity.
4. Would the particular physical surrounding, shape or
typographical condition of the specific
property iavolved result in a particular hardship upon the
owner, as distinguished from a mere iaconvenience, if the
strict letter of the regulations were carried out.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-95-10
Page 3
Staff concludes that there is hardship because of the
substandard lot size and width..
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.
A precedent would: be set if the variance is approved without
any hardship shown.
6. Is the purpose of the variation based exclusively upon a
desire to make money out of the property.
No.
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property.
No.
8. Would the granting o£ the variation be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located.
Granting of the variance would not be detrimental to ,the.
public welfare or injurious to other properties in the
neighborhood..:
9. Would the proposed variation 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 or substantially
diminish or impair property values within the neighborhood.
Approval of the variance could impair the amount of light
and air to the residence to the east if built in line with
the house. If it is setback 60 feet from the front property
line as indicated on the plans, this should not be an issue,
There. should be no concern for street congestion,
endangerment of public safety or impairment of property
values.
There will not be a concern with fire danger if the garage
is built to meet the Uniform Building Code. The building
inspector will require that there can be no openings (doors
and windows) on the garage's west wall where adjacent to the
house.
RECEPTION N0. F0010787 5.00 PG: 0001-001
742 RECORDED IN JEFFERSON COUNTY, COLORADO 1/30/95 11:45
~'.
~V/
OFFI GI,~L
ZONING MAP
WHE,4T .RIDGE
GOLOR~'cD0
MAP ADOPTE7 June I5, 1994
Last Revision January 9, 1995
ZONE DISTRICT BOUNDRY
- PARCEL/LOT $OUNDRY
(DESIGNATES OWNERSHIP)
CITY LIMIT LINE
-.-._._ WATER FEATURE
+ DENOTES MULTIPLE ADDRESSES
Sl~l 25
n
e soQ
SGAI.E I'~00
pl~ARiT81i OF PLANtlNS AID DEV8.OP181f - 7i5.1Pg2
WHEAT RIDGE BOARD OF ADJIISTMENT
MINUTES OF MEETING: April 27, 1995 Page 11
2. The additional 2 feet of height would appear to have a
generally negligible effect upon sound attenuation due
to the substantially elevated base grade and the
incorporation of lattice and will more likely create a
visual effect detrimental to the passing public than a
positive sound attenuating effect to the property.
Motion was seconded by Board Member HOWARD. Motion for
denial carried 5-0. Resolution attached.
E. Case No. WA-95-10: An application by Michael Elmont for
approval of a 7 foot side yard setback variance in a
Residential-One zoned property located at 6730 W. 29th
Avenue.
The applicant was not present at this time and no
notification by the applicant, so upon motion by Board
Member ECHELMEYER, seconded by Board Member SANG, the case
was voted not to be heard..- Motion carried 5-0.
4. CLOSE THE PUBLIC HEARING
5. O,LD BUSINESS
6. NEW BUSINESS
A. Approval of Minutes
Motion was made by Board Member HOWARD,.seconded.by
Board Member ABBOTT, that the minutes of March 23, 1995
be approved.as printed. Motion carried 5-0.
7. ADJOURNMENT
Motion was made by Board Member SANG, seconded by Board
Member ABBOTT, that the meeting be adjourned. Meeting was
adjourned at 9:36 p.m.
Mary u hapla, Secr tary