HomeMy WebLinkAboutWA-95-17The City of
~Wh eat ADMINISTRATIVE PROCESS APPLICATION
Rid a Department of Planning and Development
g 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237--6944
Applicant~t;rr..L1C'aii-(~r..,n.__ ._, _, rz~n., r~
Owner ~r11; C'~n raClr~r, J Address
~ln 2q.~~.. Phone~-,~pfZ,-65~0
Location bf request ~~j3~('~ ~g, :il~n ., ~„~ ~i„__
TYpe of action requested (check
which pertain to your request.)
one or more of the a ti
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
led
of request
c ons listed below
_ 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
'_ _ 1^zt~ ~---~-"
..
r --3.
List aTl persons-and companies who hold an interest in the described real
property, as owners mortgagee, lessee, optionee, etc.
ADDRESS
PHONE
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
;~ SEAL ~ .
ved
2(C,.
commission expires
W~ Receipt, No. ~~~ Case.NO._
RECEPTION IVD. F0036bb9
230 _-a^,ECORDED IN JEFFERSDN
Recentiori tio.
I~, QUITCL9IM DEED
,/~ I TEAS DEED, Made this 4th day of June • l9 99,
1+ 6(J between
.O t ~ Robert R. Lucero
of the City and 'County of Denver and
State of Colorado, grantor, and Ke 1 ]_ i s u e A . Cha pma n
I'
f whose legal address is 3310 Bs. ~ .: ~ 1- •
Denver, •"`^ 80212'
i
I,
4
~ ,~1
E_ ~~~j~
G
{n
16:48
~, .<
of the-----------County of Jefferson and State of Colorado, grantees,
WiTNESSETH,'Chat the grantor, for and in consideration of the sum of Forty Thousand and no/100--I
-----------------------------------------------------------DOLLARS ~~
the receipt and sufficiency of which i~ ilrreby acknowledged, has remised, r>leased. sold and QUITCLAI!.1ED, and by these
presents does remise.. release, sell and QUITCLAlb1 unto the grantees. their heirs, successors and assigns forever, not in I'
tenancy in common, but in joint [cnancy, all the right, title, interest. claim and demand which the grantor has in and to the
real property, together withimprovemenis,ifany;siwate,lyingandbeinginthe ___________________Couitty ,
of Jef f e r spn and State of Colorado. descrihad as follows:
. I
Lots 21 and 22, Block 6 '~
Columbia Heights
_.. -
i
also known by street and number as: 3310 Benton St . Denver , CO 80212
assessor s schedule or parcel number:
1'O HAVE A ti D TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belong-
ing or in anywise thereunto appertaining, and all the estate, right, title, imere5t and claim whatsoever, of the grantor, either
in law or equity, to the only proper use, benefit and behouf of the grantees, their heirs and assigns forever. The singular
number shall includz the plural, the plural thz singular. and the use of any gender shall be applicable to alt genders.
~W , ' SS WH F.O ,~~h~e~gra~ntor has exevuted this decd on the date set forth above.
Robert RR. Lucero
STATE OF COLORADO,
1 ss.
County of 1 ..'',~t /~
The foregoing instrument was acknowledged before me this 2 Z ~ day of (~ I A-r c +{
My commission expires ~ ~Z- ` ~ ~ , l9 °s. Witness my hand and official
"If in Denver, insert "City and".
J
Jo~~f•~`
.~
{9
~'~ ~~
~; -, ~ ,.. I ~ l~
No. 462. 1tev. 6-92. QUITCLAIM DEED (to Joint Tenonb)
Brnd[ord Publishing, 1 ]43 Wazee St., Denver CO 80202 - (303) ?92--?SDO - 10.94
9.00 PG: 0001-001
CDUNTY, COLORADO 3/22/95
ntwmct
i'
`5 J11
--
~~
i
' ~ INC.
SU0.YEYCNL • 757b WE6T TWENTY•7NIRJ) AYtNU!
Lw,cGw000, coo. ~oelS ~ p~• ° ass-n'7:
=APPROXIMATE
LEGEND: ~..~.--
FENCE LINE
E , EASEt.M1ENT
G =GAS (P.S. GO.)
=CONCRETE
i~
U =UTILITY
D =DRAINAGE
CE =COVERED ENTRY .CROSS ON WALK
C p, =COVERED PATIO O = SiL PIN
OH ,OVERHANG (E3LOG.{
F.P. = CHIMNEY
M.S/F.S. = MTL. OR FPM. ShiED
O.H.U. ,OVERHEAD UTILITIES
c\
u ~ v.,r ~..i..-~S
FJA NO 3
O RctY i~T:`
J.
21'
30'
d d ' ~ GAL
~?•~
JOft NO. 9102-23 -~
JIM CHAPNAW
3.110 BENTtJN STREET
wH~a~r RIDGE, cn.
cwNLr~:
' _-_
/ Z.'3
Y'
~v• ~ ~Q~- -l4
F,XISTING• SToea~~ S+tED/
P+AYtaous~
f:acrhtrac~
WAL.L.iLCr'
"CrzE~
Z.•
~n ,~
d
n ~ZS
~ I ,~
>=~sn~c~
c~aaart;
t--' 2`t' --•
LOTS 21 ANB 22
BLOCK. b
COLUMBIA HEIGHTS
COUNTY OF JEFFERSON
STATE OF COLORADO.
.~ .
,. ~' .
1J
6
~~
U
u
IMPR~``f1EHT L~ATIGN CERTIFICATE .e .
I here~y~rY~..),~that this improvement location certificate was prepared for
,that it is not a Land Survey Plat or [ewrovement Survey Plat, and ttlat
it is not to be he relied upon for the establishment of fence, buiIdin9 or other future improvement lines.
FEriRUARY 20, 1991
I further certify that the improvements on ttae-above described Parcel an this date,
except utility connections, are entiralY within the boundaries of the parcel, except as shown, that there are'
no encroachments upon the described premises by improvements on,~lly adjoining premises, except as indicated,
and that there is w apparent eviderue or sign of any. aas;~~_crL:~~~l9'.A,r burdening any part of said parcel,
.,~ V
except as rated. sc .r"-'"•'~
MY 10 CULGNANU LAY YQI NU51 CYXXENCE ANY LEGAL ACIIUX 6ASEU YAUN ~ `w ~ ~` .." ~ ?J
.,mot-ti....-."- *.~"y.
CT IN 1X15 INNNOVEXEXT LUC:IIUM CERI IF ICAI£ YIINiN ThItEE YEnAS Y ~"'"'~
F1k51 51ECGVEA SUEX EFFECT. IN XU EVEXI. XAY ANY RCSIUN EASEU ~ .. ~ ay --~---'----'FEBF.'O~AIRY. ~~ ~ -~~~.r...+'
ECT IN TNIS 1NXNUVLXENi LUCATEUY CEXTIF1CAiE Yf CUXXENCEU RUNE ^ ~ UdCe '
fdUX iRE CR fE OG tHE CEREIitCAEIUN 5hUYN HENEUN.
l~ ~; `J
(iC 1: hJ,'
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be-held before _
the City of Wheat Ridge Board of Adjustment on June 22, 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:
1. Case No. WA-95-17: An application by Jim and Kelli Chapman
for approval of a 3' 10" side yard variance for a property
zoned Residential-Three located at 3310 Benton Street.
2. Case No. WA-95-14: An application by Dale Crocker £or
approval of a 1,320 square foot variance to the 2,000 square
foot maximum garage area allowed 'f or two units on property
zoned Residential-Two located at 4345 Reed Street.
3. Case No. WA-95-2D: An application by Don Wieringa for
approval of a variance to Section 26-410(0)(3) of the Sign
Code on the property located at 5455 West 38th Avenue.
4. Case No. WF-95-3: An application by ADG Engineering for a --
Special Exception permit to allow the construction of a
commercial building within the Clear Creek 100-year flood
plain. Said property: is located at 7881 West 48th Avenue.
a
Sandra Wiggins, ting Secretary
ATTEST:
- -
Wanda Sang, City Clerk
To be Published: June 8, 1995
Jefferson Sentinel
b:\62295.phn
r'..
~•{ {~.~
C(TY OF WHEAT RIDGE
Planning do Development Department
INVOICE
Re: Case No. i,Up- r-q„. i'r Date: (cl4/qS
APpI(cant ~ti wi Gh,d, cwcc.w.
• Address __ 1310 'pyr~,y e.,
1. Publication Dates(s) -BOA ~ u~~ ~ i~'~F:
Number of lines: c w $, ~L
Amount Due• ~'2 iJ
2. Publication Dates(s) - PC
Number of Lines:
- ~ 'Amount Due•
3. Publication Date - CC
•, Number of lines:
~, , Amount Due•
r..:
~::;
:a
4. Certified mailing No. ~ X $2,85 ~ ~I'-F
5. Recordation charge:
6. Parkland Assessment:
TOTAL AMOUNT DUE: `r i fv,37
7500 W 29th Ave
Wheat Ridge CO 80215
i (303)235-2846
I
7b00.West 29th Avenue -Wheat Ridge, Colorado
'Telephone 303/ 237-6944
The City of
Wheat
Ridge
This is to inform you that Case No. WA-95-17 which is a request for an approval of a 3'-10"
side yard variance to allow the development of a storage shed/playhouse in a Residential-
Three zone for a property located at 3310 Benton 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 o.m., on Thursday. lune 22nd, 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 desires to review any plans, please contact the Planning
Division. Thank You.
PLANNING DIVISION
"The Carnation City "
~~'149
---
~:
+`
I .! ? !
f ~ ~~#
~,.e =~~~
,_ N~~
Gp 802.
~ ~s
w ~ m
Z y
p- . -~
v ~b
~ UU
~ ~~ r_
~] ~ ~ g
C en °-
~ F.. o
m- ~-'---
~j I`,i J ssaaoan Nant3a do 1F1
~. ~ Ol 3d0~3AN3 d0 d01 ltl tl3N011;
2 yrL..
`S _i i
Y O \ p
2 ~ H--I, c,
~ rQ~ ~~g
~a ~'j fi-
~~'~~ I~
~MyI
f
0
~ U
~` ~ ~ ~~ ~
~ ~
q
~ e
~ a
~ w~
~ ~ LL
+~
~ ~ a ~
~ o ~ I
~
~ oo w ~;
'
~ ''"I I
' io LL t`-
F.
M .G ~ :.~ ° o
E rn S ~ ~~ w
I 6 h6 U Q
Z - ¢>U
W W W
¢ w
n
m~
~O
W
0
wo
>o
= U
H W
N C7
No
w
3 Q
O =
n3
~(
I(
t
O ~
~~ o ~
~~y ~`
G 2 4
4'
N kq
Y
1... -i•
0
L7
sit
t3
~ ~ ~'
c' '-,
~ ~# #e
~ ~ i~
~p
W
W
30V"fd LLNtl1k10dWl i
.'g'
LAS
F!1
~.
0
1f
9L2 9hh L`I6 d
~~
ti
+4.
t~
J
w
W
U
a
U
W
g
0
LL
a
i"4
_ to
i mi (~~
. _. - `! ~
.~ ~ ~~
~~ ~ ~~
tC2~ ~ ~.~~e.
w ssaaaav Nar
-- ~' 013dO13AN3 d0 d01
-~ L` ~
~
y J
-
4~j
~ _~
= Il
~ L \
~ ~ ~ ~
~ ~zs
~
It C
~ ~ C~
~ Z
Z
~
O
(~\
P-
r
ru
y
s
N
a
rr
\ o
q ~ V
ti
~~~
f~
•Q G1
~ rn
•rl N
fr' M
G M
rn
n
N
O
WS
Z~
<o
= U
rn ;y
c,
N
W ~-
3e
o =
n 3
o
~ ~ s
N
II€
6
~fO
~o w
V
O C W
z
~~ ~
o> e
00 ~ ~
DSO LL
~~w~ a
~4Q~ ,
N<
Q W U
www
e rc h
sn
rn
0
m~
..
~! ~ ^ '
i~ Kt ~ r
~ C ffi !
U~9 d~,S '~ 4+
,~'~~~
~ +,zz ~~n z2~ a
i
----
t~
ilNtllaOdWl
J_
Q
W
LL
W
U
O
LL
~a
ul
U
W
0
0
' LL
a
~.
--`rr;
c~
tic;
s,
r,:r.
-,,,.`~ TU"
~
~ W
~
-~'~~: rn ~
i
_- ` _ ~ RC CYJ
L; c~z w
~ W
fl C~
-J o2s
5 .. Ce ;' ~
, Z
~ '~~
U V S
n,
,~...`,.
': -=..q
/cd bD
`~ Y/ I~wrl'.
~ u
~ ~ V
n
n
~o
W
0
wo
~a
z~
~~
x
~w
N C7
~_
W ~
3¢
o W
r i
i
{,~i~h
C?d
~~CJ
~~~ ~ ~ ~
!JJ
J ~
r
x~:
C
7
QL 3d0
a~
\ U
~ ~ W
6
W> F
6W O
6 ZZ
EW ~ W
$00 W a
j LL r
OW
O ~
5~~{ G
d 3i¢ V ~
Q ~ _U>
~ U [C
w w W
m
d0 d01 ltl N3710115 301Y1d ilNtlltlOdW1 j
~3
¢a ~
~ ~
CA
ww
en
V
..{`
'I
p ra
V
m
W
p
V
4
y
y/
~ ~
(
'K M
'ri
?t 4J
4`e ~+ ~ N
!`~ EZ2 9hh zT.6 d
~A
J
~ O
J_
Q
g
D
W
LL
D:
W
U
O
tL
F
a
w
U
W
O
m
O
a
r
~~I
8"
.0
m
n
_m
1
m
n
m
T
0
n
m
m
m
0
D
r
P 917 446 275 .i -= -°
-j ,~-m
1 ~
m n m
U) ff1 ~
c
~ z
-I n
m
m ~ ~
ins [ay
O ~ ~
o ~ ~ ,. ~,
o o ~ g=
^9'~ 8
csi
~' ~ ~ _
o m~O m
rC {3t ~ ~ z
~~ m of
i74 sEF 4
~ az n m ~~
' $
~ _ _ 'a" ^~ y
3"" 4'f ~ ~ ~ ~ a
~
~
zm
w
~ z
~ y n ~
~ ~ ~
M O
~< N
<E
~ CkT _
- <~
0
P 917 4 46 277
'O
~
'fi
w V1
Z
~ -~ m m m
~ m a
n v
m y Z
o p'`
o ~,
~,
~ ~ ~
~ ca ~ °`
g
LR ~ fy ~ o
e-+
1"'°
A z
~o
ppyy A
~y 9Y ZT
t7 C w ~~
/° ~3 ~ im
! C~
ww i~ ~9
~r -m
T CA
y
fY ~ ~ C
e~ ~
{A1
3
a
m
-_ ~_
n
m
--
77
Z
~_ m
v
d
~ a
C ~
m
1~
I~ m
IMPORTANT. PLACE'STICKER AT TOP OF ENVELOPE TO ~_ ~.- -~ -
THE RIGHT OF RETURN ADDRESS. ~~
2
Q
N
m
a
w
g3
<aa
m
$'°m _
0 0
~ ~ ~
A ~ 3' n
6
~ .D D
-'
w _
- N ..D~
z n N' f -
°
~ ~, _ ^O~~
"~ m ~o' JJD ~O
~-
A ~~ ~
o°a 5m
TI r ~^ n_ N ~ S
TI ~ m m m ^. ~
~7 ~ ~ ~°. o tli
J ~.j ~ ®'i
J °~ ~ ~S
V
6
ld
D
Q
~ N
~: m
(D
~ ~.
a w
~ a
y n
Q N
w
n
~ ^ 'r
yo n
oo~m
'c ~
m o0
g ~~
m ~ ''<m
y 9 2
a
N
Eag 9~'€'
~ ~ m ~A3 m~~
w
m W~
n
~y
6
Tv ~
G
~6
+~
' i4 O ~~~
f
a ~N~
ON
~ ~ ,~ N
O
p P
ol
l e~ ~ a ~ °_ _ ~.
~ 49 t8 ~0~~ ~ -
~
T ~ ~mm, ~
_
Lz ~' ,a ~o
mm` S ~
v
[U
cv~
m s _
a
'
Q °4~ 3
~ ~~~ o
G7 amx
W ~ ~~y
O
m
L~
`+(:
N
9
m
'n
m
N ~ m w o
~
~p ~ ~ , S
y ~~
m'
m
& e°~ ~ ~
(s. ~ _ ~ a:
W gym ~ ~
9
dg
„y, ~
H
~
_°!
°- ~
ono
=
Q? -
'mm o
O~~ 3
0t~~ O
~mx v
~-T F
~3~
~md
n~~ .
o ~
~ o
a
N 3 ~
D
~
o
~ N N ~ f
LJ Z -
O
m w o
~ ~ m a
N
~ ti Q < ~.
n w
m y s
p- 3 m
s
N ~' N
w ~
RJ ~ m
n
D
~
~ }
Q ~ ~
m `~ m K. ~
m m ~ o
m
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: June 22, 1995 DATE PREPARED: June 6, 1995
CASE NO. do NAME: WA-95-17/ Chapman CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application for approval of a 3'-10" side yard variance to allow the
construction of a storage shed/playhouse on a property zoned Residential-Three located at 3310
Benton Street.
LOCATION OF REQUEST: 3310 Benton Street
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA: 6,250 square feet
PRESENT ZONING: Residential-Three
PRESENT LAND USE: Residential
Jim and Kelli Chapman
3310 Benton Street
Wheat Ridge, CO 80033
Same
SURROUNDING ZONING: W:, N:" S E: Residential-Three
SURROUNDING LAND USE: W:, N:, S:, E: Residential
DATE PUBLISHED: June 8, 1995
DATE POSTED: June 8, 1995
DATED LEGAL NOTICES SENT: June 9, 1995
AGENCY CHECIa1ST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) ()NONE
----------------------------------------------------ENTER
INTO RECORD: ._, __
( )COMPREHENSIVE PLAN
(XX) ZONING ORDINANCE
( )SUBDIVISION REGULATIONS
(XX) CASE FILE & PACKET MATERIALS
(XX) EXHIBITS
( )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. TUP-95-5
1. REQUEST
Page 2
The applicant has requested a 3'-10"side yard variance toallaw a 16' by 12'storage shed/playhouse
structure 1'-2" from the side property line. The required sideyard setback for a shed in an R-3 zone
is 5'.
The structure currently exists on the site, as it was built without a permit. The applicant was
notified by a building inspector that the shed was in violation of our Wheat Ridge zoning ordinance.
The applicants property is 6,250 square feet and 50' in width, making it a substandard lot within an
R-3 zone (7,500 square feet of lot area and 60' of lot width is required). In addition to the
substandard lot is a mature walnut tree approximately 13'-2"from the north property line. Because
of these physical features on the property, the applicant feels there is no alternative to the
placement of the shed.
11. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for an
adjustment:
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 regulation for the district in which it is
located?
Yes. The existing use as a residential property is not in jeopardy as a result of the outcome of this
request.
2. Is the plight of the owner do to unique circumstances?
Yes. Because of the lot in question being substandard in area and in width, and the location of the
existing walnut tree. Staff feels there are unique circumstances.
3. B the variation were granted, would it alter the essential character of the locality?
No. Storage sheds and playhouses of this size are very common in residential zone districts.
There are numerous existing setback encroachments in the neighborhood.
4. Would the particular physical surrounding, 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?
No. The shed could be placed on the south side of the property without being anything more than
an inconvenience.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same inning classification?
Yes. Any property owner may apply for the same type of variance assuming the same unique
circumstances exist.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property?
No. A storage shed and playhouse are used strictly for storing residential supplies and recreation.
No monetary issues are at hand.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes, he created his own hardship by not obtaining a permit before the shedJplayhouse was erected.
Had the city received a permit for such a shed, it would have been denied based on the city's
setback requirements. The applicant would still have had the ability to apply for a variance.
8. Would the granting of the variance be detrimental to the public welfare or injurious to other
property ar improvements in the neighborhood in which the property is located?
No. The granting of this variance would not be detrimental to the publics health, safety or welfare.
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 safely or substantially diminish or impair property values
within the neighborhood?
No. The proposed variance would not impair the supply of light or air, nor increase the congestion
of traffic or impair property values.
N. STAFF CONCLUSIONS
Staff concludes that a variance to the side yard setback at this location will not have any
detrimental impact on surrounding property owners. Upon a visit to the site, staff concludes that
alternative locations, such as the south side of the property, could be suggested, however, staff
feels that the location of the storage shed and playhouse adequately fits the layout of the property.
In addition, there are numerous setback encroachments in the area.
~.
-+
~_
~XNt~tT "B `t
0
~ ~ f~~ ~41~~ -
3 310 ~e~u ~ ~ S~ ~F r e~-~-
r~
~ !Z ~ ~
~ ~ d ~
N ~ C ~
~ ~ ~
~ T ~ ~ ~ Y~
T ~ G 0 ~ ~ .u~i'
Ut O~ G T °
Z o p n ~ ~ ~ p
~ ° a b ~ (,
o T~ t ~ ~
:°
G ~ - 4.
o z
~ v~, ~ . ~ ~
o' T ~ '~.
w ,~?\
~ ~.
~ S ° $_
~ p ~
' T
~ ~ '~
`~ ~ . ~i
F' ~
n Y ~ "' ~~
~ Z
~ s
N
T ~ ~v \,
~ A J
~ ~~
~O Z
ro1~
pw
z` ~'~
1O
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: Juae 22, 1995 Page 2
2. APPROVE ORDER OF THE AGENDA
Ms. Reckert announced that Case No .- WA-95-20 would be
continued until the July meeting, and requested that Case -
WF-95-3.be heard tonight. Motion was made by Board Member
ROSSILLON, and seconded by Board Member HOVLAND to approve
the agenda as amended. Motion carried.
3. PUBLIC FORUM (This is the time for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. r PUBLIC HEARING
A. Case No.-WA-95-17c An application by Jim and Kelli Chapman
for approval of a 3'_10_'_'_side yard variance for a property
zoned Residential-Three located at 3310 Benton Street.
Sean McCartney presented the staff report ._ All pertinent --
documents were entered into-record, which Chairman JUNKER
accepted.
Board Member WALKER wanted to know where the access is to
the existing garage, and Mr.-McCartney answered in t_he
alleyway.
Board Member ABBOTT asked what would be the problem with
locating the shed to the south side of the lot, and Mr.-
McCartney replied the applicant feels there is one, but
staff does not see a problem with that.
Board Member HOWARD asked what are the regulations
concerning allowed building area on a substandard lot, and
Ms. Reckert answered they have the same regulations as a
regular sized lot would have; which is 40~ coverage. The
applicant is close but still okay with the shed.
The-applicant, Jim Chapman, 3310 Benton Street,-was sworn
in. Mr. Chapman said he .does not want to position the shed .
to the south because later on he plans on turning the
attached garage into a room. He also plans on building a _
deck. - -
Mr. Chapman said it was totally his error in not :obtaining a
permit. The laws have changed within the last 3 years
because a few years back a permit was not needed, so he said _
it is his mistake in not checking to see if the laws had
changed.
WSEAT RIDGE 80ARD OF ADJUSTMENT
MINUTES OF MEETING: June 22, 1995 Page 3
Board Member ECHELMEYER said the applicant is only about 8
inches from_his neighbors property and the limb is the only
thing that stops him from bringing the shed forward .and
meeting the-required distance from and still keep it on the
same side. He asked if the applicant thought about removing
the limb and moving the shed forward, and Mr. Chapman said
there are actually two limbs in the way. The lot is also
very slanted from the tree roots down and-the applicant
feels he has come forward as far as he could without cutting
into the root system.
Board. Member ECHELMEYER asked if the applicant has had any
complaint from, his neighbor, and Mr. Chapman answered no.
Board Member ECHELMEYER. feels the neighbor is really boxed.
in and has no light. Mr. Chapman said the neighbor does not
have any windows on that side of his house anyway, but they
have no objection. The applicant said h_e is just trying to --
create a nice yard. It was noted there_has been no
opposition from anyone received at this time.
Board Member ABBOTT asked the applicant if he could rotate _
the shed clockwise and put it up against the garage, .and Mr.
Chapman replied he would prefer to keep_the gables all going
the same direction and that plan would not allow that. The
gables now run north and south. The applicant also has a
dog run back by the garage that he does not want to disturb.
Discussion followed.
Board Member ABBOTT asked if it was about 1 1/2 feet to-the
chain link fence, and Mr. Chapman answered it is only 14
inches.
Board Member HOWARD asked how much does the structure weigh
and is it movable,-and Mr. Chapman said he does not know
what it weighs but it does come apart.
Board Member HOWARD wanted to know that if by swinging the
shed around 90 degrees and maintaining 3 feet between the
shed and garage it would gain another 4 feet and still have
3 feet between the garage. Mr. Chapman said he still would
have to deal with-the root system from the tree and it would
also be very tight getting in and out of-the shed because
the door is on the southern end.
Kelly Chapman,. 3310 .Benton Street, was sworn in. Ms.
Chapman said she does not understand why this should, create .
a problem since they are upgrading their home and increasing
the property value and feels this should be encouraged.
No further ,questions were asked.
WSEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF. MEETING: Jvne 22, 1995 Page 4
Motion was made by Board Member ABBOTT that Case No. WA-95-
17, an application by-Jim and Kelli Chapman, be APPROVED for
the following reasons:
1. There would appear to be no alternative locations due to
a,substandard lot and a mature Walnut tree.
2. There are numerous similar encroachments iri the
immediate neighborhood.
3. There were no complaints registered from adjacent
neighbors.
4. The additional square footage is not creating a conflict
with the City's lot coverage guidelines.
5. Rotating the shed 90 degrees would be impractical by
causing the door to face into the tree.
Motion was seconded by Board Member SANG. Motion carried
7-1 with Board Member HOWARD voting no. Resolution
attached. -.
B. Case No. WA-95-14: -An_application by Dale Crocker for
approval of a 1,320 square foot variance to the 2,OOO,square
foot maximum garage area allowed for two. units on property
~ zoned Residential-Two located at 4345 Reed Street.
Sean McCartney presented the-staff report:- All pertinent
documents were entered into record, which Chairman JUNKER
accepted.
Board Member ABBOTT commented the applcant_does_have a lot
of square footage on the lot, but isn't the applicant's
problem because all the other garages he has are detached,
and Mr. McCartney answered yes.
Board Member HOVLAND asked what is unique about the way it
was purchased, and Ms. Reckert said there is an exception-
from the subdivision regulations that says you can buy, part
of your neighbor's property if you are just using it to
enlarge your own,-but not to have another building site. In
order to have considered it :.another building site, the
applicant would have had to have participated in a
subdivision with his neighbor, and that did not occur.
Board Member WALKER questioned if that
neighbors by putting up another buildi
said no.
Board Member ABBOTT asked whan talking
flavor' is staff referring to the size
Mr. McCartney replied yes because also
Wherehouse or_complex look.
would have impacted
iq, and Mr. McCartney.
about .'commercial
of°the structure, and
it takes on a storage
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 June , 19.95.
CASE NO: WA-95-17
APPLICANT'S ,NAME: Jim and Kelli Chapman
LOCATYON: 3310 Benton Street
Upon motion by Board Member ABBOTT , seconded by Board-Member
SANG. , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-95-17, 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-95-17, be and hereby is APPROVED.
TYPE OF VARIANCE: A 3'10" side yard, setback
PURPOSE: To allow the existence of a storage/playhouse
VOTE: YES: Abbott, Echelmeyer, Hovland, Junker, Rossillon, -
Walker and Sang
NO: Howard
FOR THE FOLLOWING REASONS:
1. There would appear to be no alternative locations due to a
substandard lot and a mature Walnut tree.
2. There are numerous similar encroachments in the immediate
neighborhood.
3. There were no complaints registered from adjacent neighbors.
4. The additional square footage is not creating a conflict
with the City's lot coverage guidelines.
5. Rotating the shed 90 degrees would be impractical by causing
the door to face into the tree.
DISPOSITION: A 3'10" side yard setback variance granted by a
vote of 7-1.
DATED this d day of June, 1995.
SUSAN JUNKER, Chairman Mary L u hapla, Sec etary
Board of Adj stment -Board o Adjustment