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HomeMy WebLinkAboutWA-95-19me cny a ~Whe at ADMINISTRATIVE PROCESS APPLLCATION Rid a Department of_Planning and Development g 7500 Wes£ 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant - •~ is-cu ~~ ruu,te.7 d'1-~/4S"{ Owner ~ ~ P c-nr ~P r Addres's~ t~/!' ~ S'~- Phone-~~~ U_ ~7O ~L Location of request - -~-~-~ 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 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. y JgjVariance/Waiver Nonconforming use change Flood plain special exception Interpretation of ciode Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other Detailed Description of request /' 1.1 r!\ . n - e List all persons and companies who hold an interest in the described-.real property, as owner, mortgagee, lessee, optionee, eta. PHONE ~U_ r"t I certify that-the information and-exhibits herewith submitted are.-true and correct ~o 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. Si ~~ P Applicant d ~© - . ~ ~' `~,.'~ d and sworn tom this ,~ /"'d of lg h , ~~ ~, ,n . G?? V) Z: ' eft i - %. ~ . Ob Notary Publi ~~ ,; ;`SEAL ' -,~dF rn10~` MY commission expires //j. f33 Date"R~`c~ved ~~-5'~'I"~ .Receipt No._a~/°~ Case No. c l ~~ ibJ C. ~~ w ?- w f~; w ~~ `rd 2 ~.~ "' ',_.- ~ t!; o ~.t 0 1. d' ~ eta ~c C't RECe=PT r_Crrwt 1Vta _ 831742 i c I I O _ Op RECt7RDED IYd COLltdTY OF TEFFERS131V STATE OF f'flftt~C~nn c.tr~sFao sn.~~ rvc QUIT CLAIM DEED THIS DEED, Made this 15t day of April , 19 93, between MORRIS DALE CROCI{ER AND SUE LYNN CROCRER of the *County of Jefferson and State of Colorado, grantor(s), aad MORRIS DALE CROCKER AND SUE LYNN CROCS~R whose legal address is 4345 Reed Street Wheat Ridge, Colorado 80033 of the County of Jefferson and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and inconsideration of the sum of Ten Dollars and other good and valt2able considerations X7b79Nru the receipt and sufficiency of which is hereby aclmowledged, ha ve remised, released, sold and QUIT CLAIMED, and by these presents do hereby remise, release, sell and QUIT CLAIM unto the grantee(s), the1T heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements, if any, situate, lying and being in the County of JefferSOri and State of Colorado, described as follows: IEGAL DESCRIPPION ATTACHED AND MARRED AS EXHIBIT "A" AND MADE A PART HEREOF AS IF FULLY SET FORTH HEREIN also known by street and number as: .4345 Reed Street, Wheat Ridge, Colorado 80033 TO HAVE AND TO HOLD the same, together with all and singulaz the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s) their heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above, orris . a e oc ter Sue Itlr n Croc r STATE OF COLORADO, a a~, d county of J e {~ 6 e na a n ~~ The foregoing instrument was acknowledged before me this l b .t day of Ank,(-Q ~ 199 3 by P.{oan~.3 ~a.Ce Cxackex i; Du.e Lynn Ctcackeh My commissioa expires 1 T - l 0 - 9 3 , 19 . Witness my ] and and official seal. ~,E,'^, .~..1. ,O / Notazy Public S; *If in Denver, insert "City and". ;, i = ` r c .,• 'J y,~„ ~*,:-~', Name and Address ofPawo CmaUVgNewly Crea¢d[.egal Description(§78-35-106.5,QR.S.) R'd. J33. ACV. 6-g2. QU:''L' Cutts BEEIS ' Bradford Pu61i<F~no ]743 Wane St, lkover, CO 80202- (#03) 292-2500-1-93 I ~v y,; . ,~" EXHIBIT "A" LOT 6, REED STREET SUBDIVISION, SECTION 23, TOWNSHIP 03, RANGE 69, SOUTHEAST QUARTER, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, AND THAT PORTION OF LOT 7, REED STREET SUBDIVISION, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST, ON AN ASSUMED BEARING, ALONG THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 114.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 56 MINUTES 16 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 110.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 0 DEGREES 00 MINUTES 14 SECONDS WEST, ALONG. THE WEST LINE OF SAID LOT 7, A DISTANCE OF 100.00 FEET TO THE NORTH- WEST CORNER OF SAID LOT 7; THENCE NORTH 89 DEGREES 56 MINUTES 16 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 113.63 FEET TO A POINT 110.53 FEET WESTERLY OF TAE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 2 DEGREES 04 MINUTES 36 SECONDS WEST, A DISTANCE OF 100.08 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. RECEPTION ri1fJ. 93Cv4^c 121 „y ,., ,, ,,. ,,v .,..,.c .,•wclc~~a v .,ue. Lyrcrc ~~wcr~e~~ My commission expires T 1 - 1 0 - 9 3 , t9 . Witness my li~nd and official seal. i~ ..,;;` , ..i~, •:.S ~-, ~. c., ~ Namry Public a.~ n..._-...~ .'~ 1. `If in Denver, insert "City and". ~,a 1y6.~ 1' ~~ v ---_- . -- - - 7 V~'w. c Yr - - Name and Addrus ofPasov CYeating Newly Gxktcd lspN RUriDtiov (¢.3~-35d06.5, C.R.S) - __-.. -. NA,9a~.linr:b=9~, our?~zrnrn+ue~e3 d~ Bradford Publishing,1743 Wane 8t., Denver, CO 80202 - (303) 292.2300 - L93 `~. fi~0~ J Recorded at o'clock _ M., Reception No. r--"-. _.~_.~._ WARRANTY DEED RECEPTION N0. 92087685,. _ _ _.2/21192. 9:49 '17.0)0 _.... RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO THIS DEED, Made this 29th day of May , 19 92 ,between EDYTHE C. CROCI03R of [he *County of Jefferson and State of Colorado, grantor, and ii MORRIS DALE CROCKER AND SUE LYNN CROCISERR i whose legal address is LN3Ll.5 REED Street ' Wheat Ridge, Colorado 80033 ~' of the County of Jefferson and State of Colorado, grantees: WITNESS, that the grantor, for and in consideration of the sum of ($120, 000.00 One Hundred Twenty ThousWOd Dollars and no/100ths---------------------DOLLARS, ' [he receipt and sufficiency of which is hereby acknowledged, has granted, bazgained, sold and conveyed, and liy these presents does grant, bazgain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but injoint tenancy, ' all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: w ii ~ ~ poi W A~= it ~ ~ ~~ 'I Lot 6, Reed Street Subdivision Sec. 23, Township 03, Range 69, SE Quarter ~'3~5 Reed Street, Wheat Ridge, Colorado 80033 TOGETHER with all and singulaz [he hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and ~'~, demand whatsoever of the grantor, either in law or equity, of, in and [o [he above bazgained premises, with the heredi[aments and ',, i appurtenances. j TO HAVE AND TO HOLD the said premises above bazgained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bazgain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises n, above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full 'power and lawful authority to grant, bazgain, sell and convey the same in manner and form aforesaid, and that the same aze free and cleaz I from all former and other grants, bazgains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature ~ soever, except general taxes, assessments and charges of whatever nature far .the year 1992. also known by street and number as The grantor shall and will WARRANT AND FOREVER DEFEND the above-bazgained premises in the quiet and peaceable possession of [he grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singulaz, and [he use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date sei forth above. EDYT C. CROCKER :,'. STATE OF COLORADO County of Jeffe"rson The foregoing instrument was acknowledged before me this by Edythe C. Crocker l ss. 1( 20 day of July ]q 92 ~' Witness my hand and official seal ~~ d "fi'~-•' ~ ^~ "~!~ ~-'• ';-, ~: n i My Commission expires Jll1Y~y~ir,F\1~ =l r~ ~6c `.' i Name avd Address ofPpsov Creadvg Newly Created [.egal Description (§ 3 -35-106.5, C.R.SJ *If in Denver, insert "City and." Nd. ~2IA. Red. 3-~. WAki;ANfiY Ukkli t1b Joint'1BBlIBfS) '~~ Bradford Publishing, 1743 Wazee St., Denver, CO 80202 -(303)1Y2-2500- 8-91 ~~ fV VV VU 14 W IUV. 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R =¢y ~v •i- r ~i o" C-- " m ~ OzLxm y y r -> n F > y sens - z mam0 O y ~ y o y>~-1>amr O +:m> c ~ - '• zmK m> a4 ~ I^ e'~ m "' " o a° wo ~ ° . is w en > m mz m m oum ybyo~m m m y K c +Jm ~H -nm oOZOZ o Im +J :K P ~ I DDD~~~ ;n iz K •C A O T Om T.> my T. n~ry r . . ~' _ ~ > ~~y i O < O >T l A + tl o ~ ~ •9 _ _ T :n _ y eme m - z Om z z wa , , i-yA nmm w m y ,r ww ¢ 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. AlI 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 for 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-95-20: An application by Don Wieringa for__ approval of a variance to Section 26-410(0)(3) of he Sign Code on the property located at $455 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. Sandra Wiggins, ting Secretary ATTEST: - _ Wanda Sang, City Clerk To be Published: June 8, 1995 Jefferson Sentinel -~-- - b:\62295.phn 7500 West 29th Avenue -Wheat Ridge, Colorado Telephone 303/ 237-6944 The City of Wheat Ridge This is to inform you that Case No. WA-95-19 which is a request for an approval of a 1,320 _ sauare foot variance to the 2 000 sauare foot maximum garaEe area allowed for two units in a Residential-Two zone for a property located at 4345 Reed 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 Thursday. tune 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 " -_ -kf ... .. p 917 446 279 i ' ~ - ~ •• U1 m m m fli ~ m ~ ~ m ~ Z O ~ ~ -i ~ 3 ~+ ~ aP }"~ l m ~ I }"j" n ay i _~ m o _~ ~' ° ~ R m o~ ~ ~ 1 ~ ~ q v 9_[1 Z m GO } . i• ~ ry YS ~n ~ c n~ 8~~\ ~' ~ im y a .g I aw_ P 917 446 271 - o W ~ N a ~ o d W • ~ m I m I ~ ~ ~ s A ~ #~ ~ _ D m ~ y ~ ~ ~ ~ ~ _ ~ m `D Lld ~ ~ IS ~ ~ ~3 i j . ( ~, • .. v _ _. . . _~. . /~ . ~ _ _ __ C ~ ~ 4 ' 3 ~ W m w (P ~~ ~ °' ~ ky WC '~, `"„ 1~ W T R~ c N N « ~ ~ SR s~ ~"S -~ v ~ ~ ~ ~ ~ (A m m m j '~ ~ Z n v v ~~ m ~O ~~ ~ -I m -~ z ~ ~ ~ ~ w ~ o e ~ «. e w ~ w U - ~ ~ O i.., ~ n aw a ° p ~ - -~ ~ ~ p N ... o_ CA ( ~ O ~ 3 7 w p 917 4 46 272 ~ i_ s ~ ~ n I - D m n ~~ f, ~ v m "O U1 m m m -~Q m ~ Rl m c ~ _.m .. 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N n N ,~ N ~. O N i ' d N O ~ ^ ^ (D \ ( ~ m m D ~ ~ ~ y O I ~o ~ D a ~ 7 7 ° a 7J D u o m a ~o m I m -I r o <. y ~ N6 ~ ~ m --_~ ~ m ~ w Q~ o 7I7 { Z °- O m O m N N ~ N ~ '77 ~ ~ ~' O ~ a J -~ m v .n m Q° m ~` v ° I m 3 ~ ~, '~~ 3 w ~ ° D R ) 1 m r a I - ._ ~ ~~. ~ . _ _ _ IMPORiANP. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS __ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: June 22, 1995 DATE PREPARED: June 9, 7995 CASE NO. & NAME: WA-95-19 / Crocker CASE MANAGER: Sean McCartney ACTION REQUESTED: An application for approval of a 1,320 square foot variance to the 2,000 square foot maximum garage area allowed for two units in a Residential-Two zone. LOCATION OF REQUEST: 4345 Reed Street NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 33,400 Square Feet PRESENT ZONING: Residential-Twa PRESENT LAND USE: Duplex June 8, 1995 SURROUNDING ZONING: W:, E:, N:, and S: Residential-Two SURROUNDING LAND USE: W:, E:, N:, and S: Residential DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: ENTER INTO RECORD: ( )COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( ) SUBDNISION REGULATIONS June 8, 1995 June 9, 1995 ( ) ( ) Dale Crocker 4345 Reed Street Wheat Ridge, Colorado 80033 Same (XX) NOT REQUIRED ( )NONE (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 Staft Report Case No. TUP-95-5 REQUEST Page 2 The applicant has requested a 1,320 square foot variance to the 2,000 square foot maximum detached garage area allowed for two units in an R-2 zone (i.e. 1,000 square feet allowed per each unit). The property in question currently has 1,720 square feet of detached garage space, enough room to house six large vehicles. The applicant recently purchased 11,000 square feet of adjacent property to the south, enlarging his lot to 33,400 square feet of total area. Because of the way it was purchased, it cannot be used as a separate building site. The applicant feels that because the property is so oversized, it deems approval of the variance (see exhibit "B"). Under the current standards, the applicant has 280 square feet of buildable garage space left. This buildable square footage can allow the construction of a 14' X 20' garage. The applicant is proposing a 40' X 40' garage, thus the need for a variance. Variance formula: 1,720 square feet of existing detached garage + 1 600 square feet of proposed detached aarape = 3,320 square feet of total detached garage - 2 000 square feet of maximum detached aaraae space in R-2 zone 1,320 square foot variance 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. 2. Is the plight of the owner do to unique circumstances? No. There isn't any unique circumstance that would cause plight for the owner. 3. ff the variation were granted, would it alter the essential character of the locality? The adjacent residential structure to the south could pose as a shield for the proposed garage space, thus hiding it from view of passing cars on Reed Street. Stott feels the oversized garage could lend a commercial flavor to the property. 4. Would the particular physical surrounding, shape or topographical condition of the specific properly 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? Na. There isn't any condition of the specific property involved that would result in a hardship as distinguished from a mere convenience. The same standards are applied consistently for all R-2 zoned properties even if their oversized. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other properly within the same zoning classification? Yes. Any property owner may apply Tor the same variance in any case, however, staff is convinced about setting a precedent. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the Prolre~ No. The applicant isn't seeking any monetary gain with the approval of this variance, however, he could raise rent based on the added amenity. He is not allowed to rent the space to anyone not living on the property. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. The hardship has been self-imposed. 8. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the properly is located? No. The granting of this variance would not be detrimental to the publics health, safety or welfare, although the could be a negative impact on adjacent properties due to the mass of the proposed garages and the resulting commercial feel. 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? No. The proposed variance would not Impair the supply of light or air, nor increase the congestion in the streets.' Staff is uncertain as to the impact on property values in the area. N. STAFF CONCLUSIONS Staff believes 4hat a variance of this magnitude could set a monumentous precedent. Staff believes the applicant already has enough existing garage space, and the 280 remaining buildable square footage is an ample amount of storage space/garage for the existing residential use. Staff has further concluded that there are unique circumstances. If approval of this variance is granted, staff requests that the following issues are warranted; 1. No outside storage of automobiles, machinery, or any other materials will be allowed, on site, if the variance for 1,320 square feet of storage space is adopted. 2. The building must not exceed 20' in height per R-2 zoning requirements. ~X4-IIFS~ ~ 't~.~~ 4> 4 r, f '- I ~J~~ -~ ~xu16~7 n6~i (c) Review criteria- and Cndings of fact: _ ; Where the boazd of adjustment, plan- ning commission or city council shall hear and decide upon a request £or a vaziance or waiver, that authority shall ' base its decision in consideration of the extent to which the following facts, fa- vorable to the applicant, have been es- tablished by the evidence: 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 regulation for the district in, which it is located? Having a legal apartment on the property, it would be a nice option to offer the renter's garage space for their vehicles and indoor storage for personnel property. It would also give the .owner an opportunity to have a wood working shop and recreation space. ~2. Is the plight of the owner due to unique circumstances? Yes Purchasing the rear portion of property from my neighbor, I added approximately 11,200 sq. ft. (lot size 112' x 100') to my original property of 22,400 sq. ft. (lot size 224' x-100') which is zoned R-2 for a total of 33,600 sg. ft. This added property can not be used for a one-family dwelling because it does not have a separate entrance to the property. This is another reason why I would like to build an over size garage to utilize this parcel of land. ~'i' I 3. If the variation were granted, would it alter the essential char- acter of the locality? Yes Instead of an empty parcel of land covered with weeds, a structure would be on part of it. 4. ~Vould the particular physicalsur- rounding, shape or typographical condition of the specific property involved result in a particular hardship iupon the owner) as dis- tinguished from a mere inconve- nience if the strict letter ofthe reg- ulations were carried out? The present time in which we are living, people seem to have more vehicles and have personnel property that they want to have protected. Not having a garage is a hardship in that we are not able to offer our renters a place to put their vehicles for protection from inclement weather or vandalism and also for storage of personnel property. 5. ~Vould the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes If you had enough land to expand on. ~.8~~ Goh1'C-~ fi. Ts tl~e purpose of the vurintir:n based asc;usively upon n.:iesire to make n-.o~ey out ct" th~> property? No 7. Has the alleged difficulty or hard- ship been created by any person presently having an interest in the property? . No We own the property. S. Would the granting of the varia- tions be detrimental to the public welfare or injurious to other prop- erty or improvements inthe neigh- borhood in which the property is located? No We feel this. would, be an improvement to this parcel of land. ,.,gr, LOrI'I'7 9. \Vould the proposed variation im- pair the adequate supply of light and air to adjacent property or sub- stantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially di- minish or impair property values within the neighborhood? No Setback's would be at 10 feet. No Traffic would not increase. No Property is fenced in and is unasseable to the public. No This should help enhance property values. T WHEAT RIDGE BOARD OF ADJUSTMENT MIN[TTES OF MEETING: June 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 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. Motion was seconded by Board Member SANG. Motion carried 7-1 with Board Member HOWARD voting no. Resolution attached. B. Case No. WA-95-19: An application by Dale Crocker for approval of a 1,320 square foot variance to the 2,000 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 applicant does have a lot of square footacje 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 would have impacted neighbors by putting up another building, and Mr. McCartney said no. Board Member ABBOTT asked whan talking about 'commercial flavor' is staff .referring to the size of the structure, and Mr. McCartney replied yes because also it takes on a storage Wherehouse or complex look. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: Juae 22, 1995 Page 5 Board Member ECHELMEYER asked how tall is the metal garage, and Mr. McCartney answered he has not measured it but it is under 20 feet., Board Member ECHELMEYER wanted to know 'why this would set a precedence, and Mr. McCartney said it would set one for other people with large properties and could ruin the residential flavor. Ms. Reckert added when the ordinance was written in 1988, staff specifically put in the 1000 square foot limitation (that varies with zone districts) because of complaints. Board Member ECHELMEYER commented he did not feel the metal garage helped the neighborhood one bit, and two neighbors back up against that property. Board Member HOWARD asked how many vehicles could the proposed garage hold, and Mr. McCartney said it would be equivalent to an 8-car garage. The applicant already has a 6-car garage. Board Member WALKER asked if there are any rules that prohibit this from becoming a garage/shop combination and could the applicant start re-building cars, and Mr. McCartney answered yes he could. Ms. Reckert added the applicant could have a shop for his own personal use but could not allow people to bring cars to the property as that would be an illegal home occupation. Board Member ECHELMEYER asked if the garage could be converted into living quarters, and Ms. Reckert said she would say no for now, but that would be hard to monitor .in the future. The applicant, Dale Crocker, 4345 Reed Street, was sworn in. Mr. Crocker said he purchased the rear portion, which is a little over 2,000 square feet, of his neighbors property. He said he was born and grew up in this house and is buying it from his mother. The lot has always been vacant and covered with weeds and he would like to utilize that piece of ground by putting up another garage. He was told a house could not be put on that ground because there is no access, so the only thing could be a garage or something of that nature. He was told he could decrease the size of the garage if that would be an option. He just wants to put up a nice .structure and utilize the land. WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: June 22, 1995 Page 6 Board Member HOWARD .wanted to know what business the applicant is in, and Mr. Crocker answered he works for Jefferson County. His father was a plumbing and heating contractor and that is why there is the amount of garages there already. Board Member HOWARD asked if the, applicant has a tenant, and Mr. Crocker answered yes, there is a legal apartment in the basement, and he feels that offering them a place to store their vehicles is another option he could offer them. At the present time, the tenants do not use any of the six spaces he has now. Board Member ECHELMEYER asked if the garages were filled with automobiles or trucks, and Mr. Crocker said the boat and Rv belong to the family in the middle building and next to the metal building houses what his father had for his business that they haven't dispersed yet. The third garage one has a vehicle in it and the last one is just for storage. Board Member ECHELMEYER asked where would the vehicles come from to use this new garage, and Mr. Crocker said it would be the renters that live there. Board Member ECHELMEYER wanted to know where do they park their vehicles now, and the applicant said one by the garage and the other on the bare lot; all off-street parking. No further questions were asked of the applicant. Harley Neiberger, 7080 W. 43rd Place, was sworn in. Mr. Neiberger said the applicant has 6 garages and 2 sheds (which are not shown in the slide) to the west.and he cannot see why there would be a need for additonal storage or car parking. Board Member ECHELMEYER questioned how large the other two sheds are, and Mr. Neiberger answered they are as tall as the other garages and wanted to know why they were not mentioned in the staff report. Ms. Reckert said that was not information the applicant provided and we figure the square footage for sheds separately, and keep in mind they are also allowed 400 square feet of shed space on the property. No further questions were asked of Mr. Neiberger. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: Juae 22, 1995 Page 7 Mary Ann Neiberger, 7080 W. 43rd Place, was sworn in. Mrs. Neiberger added that the applicant has a tendency to accumulate junk and she is afraid if another garage is brought in, they will have more junk. Their back yard runs along the whole empty lot the applicant purchased. No questions were asked of Mrs. Neiberger. Laura Muselli, 7025 W. 43rd Avenue, was sworn in. Mrs. Muselli is against this request because she feels the applicant has enough garage space already. She feels it would also be worse for the neighbors because of the junk. Ms. Muselli pointed out where she lived on the overhang. No questions were asked of Mrs. Muselli. John R. Gustafson, Jr., 7075 W. 43rd Place, was sworn in. Mr. Gustafson pointed out where he lived on the overhang. He is. against this request because he feels the applicant's property is a junkyard. All the existing buildings are full of junk. He is concerned that the applicant has to build.a bigger garage than any house in the area when he has as much garage space as he does.' - No questions were asked of Mr. Gustafson. Sue Crocker, 4345 Reed Street, was sworn in. Mrs. Crocker said they purchased the property two years ago and it was not part of her husband's parents property. She said they would like to build the garage and could probably get rid of some of the cabinets that are in the back lot. The garage would not be an eyesore. No questions were asked of Mrs. Crocker. Board Member WALKER asked staff what would it take to make the land into a building site or could they share a driveway with an attached house on the site, and Mr. McCartney replied they would have to sub-divide. Board Member ECHELMEYER wanted to know who prepared the plot plan, and Mr. Crocker answered he did. He said the reason the other buildings are not shown on the plot plan is because they are temporary and his understanding was to show the permanent structures only. Board Member ECHELMEYER commented that is 42 feet of, property that does not show any buildings on it. WHEAT RIDGE BOARD OF ADJIISTMENT MIND'TES OF MEETING: JuIIe 22, 1995 Page 8 Mr. Crocker said he doesn't know if it makes any difference but the area for the garage can not be seen by the residents of 43rd Avenue or Reed Street. He wanted to point out that out of seven neighbors, only four are against this. Discussion followed. Mr. Gustafson commented that one of the properties mentioned is a junkyard too and the others do not face Mr. Crocker's properties. Mr. Crocker listed the four other neighbors that do not object. , Mr. Gustafson-came back to the podium and explained some of the adjacent properties. He said the one shed next to the barn is not portable; it is a regular barn with lift doors. No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA-95- 19, an application by Dale Crocker, be DENIED for the following reasons: 1. The existing use as a residential property is not in jeopardy as a result of the outcome of this case. 2. There are no unique circumstances. 3. The mass of oversized garage could be argued to lend a commercial flavor to the property. 4. No hardship is involved as distinguished by a mere inconvenience. 5. There is a 1720 square foot garage and additional sheds that already exist on the property. 6. In this situation and under the existing conditions, the 66g plus variance would seem unreasonable. Motion was seconded by Board Member ECHELMEYER. Motion for denial carried 8-0. Resolution attached. C. 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. Meredith Reckert presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. 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 , 1995. CASE NO: WA-95-19 APPLICANT'S NAME: Dale Crocker LOCATION: 4345 Reed Street Upon motion by Board Member ABBOTT , seconded by Board Member ECHELMEYER , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-19 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 protests registered against it; and ~ WHEREAS, the relief applied for MAY NOT 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-95-19, be and hereby is DENIED. TYPE OF VARIANCE: A 1320 square foot to the-2000 square foot- maximum garage area allowed PURPOSE: To construct a detached garage VOTE: YES: ,Abbott, Echelmeyer, Hovland, Howard, Junker, Rossillon, Sang and Walker NO: None FOR THE FOLLOWING REASONS: 1. The existing use as a residential property is not in jeopardy as a result of the outcome of this case. 2. There are no unique circumstances. 3. The mass of oversized garage could be argued to lend a commercial flavor to the property. ~' . WA-95-19/RESOLUTION Page 2 4. No hardship is involved as distinguished by a mere inconvenience. 5. There is a 1720 square foot garage and additional sheds that already exist on the property. 6. In this situation and under the existing conditions, the 66~ plus variance would seem unreasonable. DISPOSITION: A 1320 square-foot variance request denied by a vote of 8-0. DATED this 22nd day of-June, 1995. SUS' ER, Chairman ' Board of Adjustment Mar o Chapla, Se retary Board Adjustment