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HomeMy WebLinkAboutWA-95-2 The City of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development b 7500 West 29th-Ave.., Wheat Ridge, CO 80033 Phone (303) 237-6944 ~ Applicant ~} i1/1Vy C o U y Add_ ress ~dO F?~. ~2."_ ~/Q, ~ R Phone 23 L~- ~6 yy , _ 9 Omer ~( ~~ Address /~ ~/ Phone ~~ Location of request F} s ~ ~ o ~Q Type of action requested (check one or more of. the actions listed below which pertain to your request.) ^ 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 e Preliminary Miscellaneous plat - Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ~..^ O,t~her / De ~}1~De G. ipt-m ?C j ~, eque~st Z cLA X ~J2.' Q..sI~ Q.,~ S~D_~' ~ ! (A00 k List all persons and companies who hold an interest in the described real property, as owner, mortgagee; lessee, aptionee; etc. NAME f DDRESS ~ /y PHONE / c~ G (eh r; C ~ u (ZY ~~ ~l s YJ., cth~~ r o b 8 c~' ~ ~ 3 Z - (,(iU~° . (,(' ~ , Z 3 ~-~b ~f 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 o_f 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 hisYY2behalf... Signature of Applicant lJ ~ l Subscribed and sworn to me this ~, day of ~;;~ 19 ~_ G. _. Notar Public SEAL My commission expires "l . ~l~ -G~ Date Received Receipt No. Case No. _.l, i iii!. <'alj.'J.d`J'S S.r~i~ - RECORDED IN ~' OF JEFFERSON STATE ~ORADO 11/04/94 7:30 - RELEASE OF DEED OF TRUST - Date 09-19-94 Grantor Glenn Cowry and Anny B. Coury Original Beneficiary BANK NESTERN, A FEDERAL SAVINGS BANK Date of Deed of Trust: Januury 22, 1990 Recording Date January County: Jefferson Reception No. 90008658 ' Book No. Page TO THE PUBLIC TRUSTEE OF THE STATE OF COLORADO 30, 1990 and,or COUNTY OF. JEFFERSON I/~ Please execute this release, as the indebtedness has been fully paid and/or the terms and conditions of the trust have been fully satisfied. Current eenef tefary: F65 Mortgage Corporation ~~ J////// 8y -_"L•'~_- - ~ ~ ~-~G- C ='-'_-- if ill r !Kurt' S:~Frankhouser, Asst. Seeretil'r yr;,, I~~r.~r,, =~ bp' .• State of Minnesota ) ~~~^'1+ •' ~•~•'• County of Ramsey > ``;-~`,~••,-J..'"r '.,, ;?~_•. -- --Th r~f orcgoinp request for rcleese ues-aekno!tlsd~ed bef orw me on~ _ . September 19, 1994, by Kurt 5. Frankhouser, as Asst. Secretary of FBR `+i~ ~ ~ ,^.,^fE lr,~= Mortgage Corporation ~ =~^~ ~~ D T' - .. r F. t ~ MN` - Nitness my hand and official seal ='r:`.'• M... ~aaaaaaaaaaanHaaa7sAUAXc1a~,;irfa99a~dS~ ~ `:. -. ••..••,••• ~„~;;..,. PATTY A.$CHRANDT F "' _, ~ ``,`~ a yr`i~ s~„,(;,,,,7, NOTAflY PUBLIC • MINNESOTA ~ ' ~ (, _/, r ~ ~~ ~ ""' si?'S2~'G~ YVASHINGTON COUNTY y, NOTARY ~U BLIC (S~R'Sy~,,, ~My yCOymmission Eaplres Jan.25,7999 n (~ KNOU VALL VM EN~,vv~fta°t°tl~~i a°4~B~bW ~~referenced Creator(s), conveyed certain real property described in the above referenced Deed of Trust, to the above referenced Public Trustee, in the State of Colorado to 6e held in trust to secure the payment of the indebtedness referred to therein. N04 THEREFORE, at the written request of the legal holder of the said indebtedness, and in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, 1, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, alt the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, and mor•/e'C-n'1-`pi'art ii~~u~l~a~lr~ly `d~'e`s'/c/!r~~ibed as foll~~~ TO HAVE AND TO HOLD THE SAME, witlh alt the priu~eg e0s~d appurtenances thereunto belonging forever; and further I do hereby and absolutely , ' release, cancel and forever discharg~id Deed of Trust t - C TRUS STATE OF COLORADO } ' COUNTY OF ) JEFFER~S©N The Foregoing re ease of Deed of Trust was acknoNledged before me on ~~D~ _ 4 ~4 by HELEN PHILLIPS as the Public Trustee of the County of JEFFERSON Hy commission expires: 1l LVIN•YYIUI!t 2017 p?119 Witness my band end offieial.geal!r•;I~NHNik:lll". ,' the i1UOICitii l't? .n.'! u))l Li (SEAL) --- - - AkY Loan Number 163571 - G Cowry cszob Rzu piANA OG~EN STATE OF COLORADO My COMtd15SI0N EXPIRES March 19,1995 ~~ ~' _ '- r pf~RUt'U '~ ~ ~,q tvrr or- " a7'rlT'F_' OF Deed of Trust RCt:CP1'IUN U•i /3U/yp ' This Deed Of Trust ("Security Instrument") is made on JANUARY 22 19~,_among the grantor, el FNN GOURY AND ANNY ~ COURT ("Borrower"), the Public Trustee of JEFFERSON County ("Trustee"), and the beneficiary, ' which is organized and existing under the laws of ?uF LINSI.Fn IAIFS ,and whose address is t6-FR0AnwAV. Dg~(uFHr CUL~tADO 60'U2 ("Lender"). Borrower owes Lender the principal sum of FTFTY THfI1IRAND AND AF)li f1(1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars (U.S. $ 50 r 000. (•)FI ). 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 FFaF'UARY nt . ~nr)S ..This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Nole, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under ibis Security Instrument and the Note. For this purpose, Borrower, 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 .IFFFFR`RfIN County, Colorado: L07 3r EsLOCK 12r PARAMOUNT HEIGHTSr PAkT ONEr COUNTY OF JEFFERSON STATE OF COLORADO which teas the address of 10088 NE5T 32ND AVENUE NHEATRIDGE 16Uee11 IDity1 Colorado 801)33 ("Property Address"); IZip Codel TocEYrtEA Wlrh all the improvements now or hereafter erected on the properly, and all easements, rights, appur- tenances, rents, royalties, mineral, oil and gas rights and prolits, 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 "Properly." BOAAOWER COVENANTS chat Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the trlle of the Property against all claims and demands, subject to any encumbrances of record. THis SECUAITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited vari- ations by jurisdiction to constitute a uniform security instrument covering real property. -~ -~-• • •-~ -~~ ~ - _~- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: S. Pay:neni of Principal and interest; Prepayment: and Lats ~hargas. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds }or Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay io Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These. items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a lederal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. A charge assessed by Lender in connection. with Borrower's entering into this Security Instrument to pay the cost of an independent tax reporting service shall not be a charge for purposes of the preceding sentence. Borrower and Lender may agree in 1' N JIIF'1= E'R B pN cg1.gRAaq Nq" 9UUUE16,;B 9.1:45 20"OU ~~ r! 1198600 / 52-2195 Form 776 (3-89), Pagp 1 of 4 - COLOAADO -Sinple Family - FNMA/FHLMC UNIFORM 1NSTAUMEN7 Form 3006 12/63 RECEP''Q~O. 9UG066S8 shat interest- shall be paid on the Funds. Unless2n agreement is made or applicable law requires interest to be !Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, ,lout charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which ach debt[ to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. ~ ' If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund fo Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shah apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application o} Payments. Unless applicable law provides otherwise, atI payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all saxes, assessments, charges, fines and impositions attributable io the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time ' directly to the person owed payment. Borrower shall promptly furnish 1o Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish io Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over Ihis Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to Ihis Security Instrument. II Lender determines That any part of the Properly is subject to a lien which may attain priority over his Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and arty other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods chat Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of °" the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or post{rone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. It this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and lee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower tails to perform the 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, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Properly. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in courfrpaying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. ' 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property., Lender shall give Borrower notice at the time of or prior fo an inspection specifying reasonable cause for the inspection. 9. 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 Properly, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless 1198600 / 52-2195 Form 776 (3-89), Page 2 of 4 COLOPADO - S~ngie Fatuity - FNMNFHLMC UNIFOAM INSTHUAtENT Form 3008 17Ja3 . RF_'Ck:PY'TUN ., 9L7C1(7>:ib5E~ and Lender.otnerwise agree in writing, the sums sec~ned by this Security Instrument shall be reduced by the amount _~ ,roceeds multiplied by the following traction: (a) the total amount of the sums secured immediately before the taking, ;d by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. It the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor otters to make ,n award or settle a claim for damages, Borrower tails to respond to Lenderwithin 30 days after the date the notice is given, .Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not Then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower s successors 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 reason of any demand made by the original Borrower 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. 11. Successors 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 17. Borrower's covenants and agreements shall be joint and several. Any Borrower 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 Instrument; 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 Nofe without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering provisions respecting the repayment terms, interest adjustments, or transfer of property under the Nole or this Security Instrument unenforceable according to its terms, Lender, at its option, may require Borrower to modify the repayment terms, interest adjustment terms, or transfer of property provision(s), as applicable, of the Note and/or the Security Instrument. The new term(s) shall not increase the Note interest rate to a rate greater Ihan the rate Lender would have offered Borrower on the date of the Note fora 30-year fixed rate loan in the same original principal amount as the Note. If Lender exercises this option, Lender shall give notice to Borrower, specifying: (a) the action required to modify the applicable term(s) of the Note and the Security Instrument; (b) a date, not less than 90 days from the date the notice is given to Borrower, by which the modification must be completed; and (c) that failure to complete the modification on or before the date specified in the notice may result in acceleration of the sums secured by the Security Instrument. `If Borrower fails to take the action required to effect the modification within the specified time, Lender may invoke any remedies permitted by [he Security Instrument without further notice to or demand on Borrower. 14. Notices. Any notice to Borrower provided for 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 Properly 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 other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shalt 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 wills 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 Ihis Security Instrument and the Nole are declared to be severable. ' 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. It all or any part of the Properly or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent lender may, at its option, require immediate payment in lull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of fhe date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay alt sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of Ihis period, Lender may invoke any *•~~ remedies permitted•by-this.Security InstrumeoLwithout.further notice or demand on Borrower. ' 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower ss~ialfTiave Ifie riglif-fo fiaGe' enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as • applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in Ihis Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender alt sums which then would be due under this Security Instrument and the Nole had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument including, but not limited to, reasonable attorneys' tees; and (d) lakes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to;reinstale shall not apply in the case of acceleration under paragraphs 13 or 17. NON-UNIFOFM CCWF.NI~NTS Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Bor- rower'sbreach of any covenantor agreement in this Security Instrument (but not prior to acceleration under 1198600 / 52-2195 .Fam716j3.e9j. Psge3n14 COLORADO-S(nple FSmlly-FNMA/FHLMC l1N1FDAAA JNS7AUA9EN7 Form 3006127a3 ,~r ~ R6C:L"PT):ON NU.. 91J~658 ephs 13 and 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) .ction required to cure the default; (c) a date, not less than 30 days from the date the notice is given to .rower, by which the default must be cured; and (d) that failure to cure the default on or before the date pecified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the ' right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and safe. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power o} sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but no4 limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall glue 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 shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy o/ 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 applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, 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 Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sate. Lender or its designee may purchase the Property at any sale. 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 in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds o} the sale in the following , order: (a) to all expenses of the sale, Including, but not limited to, reasonable Trustee's and attorneys' tees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 20. Lender In Possession. Upon acceleration under paragraph t9 or abandonment of the Properly, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, lake possession of and manage the Property and to collect the rents of the Property including those past due, Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of It7e Property and collection of rents, including, but not limited fo, ' receiver's tees, premiums on receiver's bonds and reasonable attorneys' tees, and then to the sums secured by This Security Instrument. 21. Release. Upon payment of all sums secured by this Security instrument, lender shall request that Trustee release this 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 luriher inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees.. 22. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 23. Riders to this Security Instrument. II one or more riders are executed by Borrower and recorded together with .-.this. Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as ii the rider(s) were a part of this Security Instrument. (Check applicable box(es) ^ Adjustable Rate Rider ^ Condominium Rider ^ 2-4 Family Rider -/ ^ Graduated Payment Rider ^ Planned Unit Development Rider ^ Other(s) ~specify~ By S~riNINC+ Be~ow. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ., ~~ _ - aorrower _. __.. e • NN coukY n aOrrUWar - .. ~~ ~,~Illr. ~ In„ aOrrOWar STATE OF COLORADO JEFFERSON County ss: The foregoing,instrument was acknowledged before me this 22ND day of JANUARY ty 90 by Witness my hand and official seal: My commission expires: Af fiIL 21 r 1990 T02 LAI(EN000 143°, NAD5NORTH BLVD. LA((ENOODr CO 80215 5HIRLEY A. :r: . ti 1198600 / 52-2195 FOfm 776 (3-89), Page 4 014 COLORADO -Single Family- FNMAffHLMC UNIFORM INSTRUMENT Form 3006 12/93 V' ~v LAN D S U R V E Y I N G 5460 WARD ROAD SUITE 160 ARVADA, COLORADO 80002 (303) 42A-4788 IMPROVEMENT LOCATION CERTI RICATE Attn: APdNY _.. ._f Q.C`~z F~__._.. W... •. 3.Z tUO J z5.5 33.5 _C.OT 3 40 N tri __.9f:~~-STb~2Y M _.r=~2A ME GONC- oazve. I _ _ _~ ~ONL. - -7 DATE 1J31/95 FEE _IIO•~O J06# 9S-Z5G .. MORTGAGE CO. CvURY ADDRESS IpOBE3 l^i, 32ND AV[. _ . BORROWERS NAME l'DURV I Iv S I I9.oN \ ~ '~ ~ _ t5.O 9.0 ~.dN~_ ti M l 33.0 `\ GowrL . ~ -- - - ~... .. i'4 CT4L, .. ...._. ..._ _.S.µra9.`~ _ I UO.U2 On the basisof my knowledge, information and be or Improvement Surv6~'ll~'ta>f, and that i .i~not improvement lines. I further certify at the I connections, are entirely within the b undaries described premises by improveme on any adp sign of any easement crossing or bur ening any I "NOTICE: According to Colorado law y u muss car first discover such defect. In no event, may ny action t the certification shown hereon." It is my interpretation that the above described property i s Not located within a 100 year flood hazarcl bourxiary based on Federal EmergerlLy NlanagementPgency Flood Insurance Rate Maps Dated 7 - ~I - ~ ~ _ - _ LEGAL DESCRIPTION [PERCLIENTI ' LO'C 3, Bl_vCK 12, FARAMQUi~d'1' tiElGti7;~ FART 1, C'C'LIl'd7'4' C,F _IEFFERgP~, CTr~,TF DF COLORADO auQ AV ~ _ ~60' fZOLJ> 13 ~ E'i+ corNEP -_ ac sc.c.28, 00 ~ iI~I~~_J T3~(D4W. Z30 00 10. Q~ ~~ sLf~~..'c t,,, zo f; I'h ~ certify that this improvement location certificate was prepared for ,that it is not a Land Survey Plai e relied upon for the establishment of fence, buildin or other future xovements on the above described parcel on this d te, except utility the parcel, except as shown, that there are no encroac ments upon the ing premises, except as indicated, and that there is no ap rent evidence or t of said parcel, except as note ence any fega! action base ~UNt1~ R ~Ilff~~Xyrthis survey withi three years after you o.t „nnn anv rfafer.t In thi COM XC'dmore than to years from fhe date of 27zss. ~. or <~~~ .: - __- ~ DATE 1/31/95 FEE. 80.00 JOB # g5-251i. ~~~ MORTGAGE CO. CGURY ADDRESS 10088 W. 32ND AVE. LAN D S U R V E Y I N G vri$' ~ 5460 WARD ROAD • SUITE 160 BORROWERS NAME CGURY - di"~. "~,~y.._ t ARVADA, COLORADO 80002 `~. (303)420-4788 -. c _. ~, . -~ , , . -`- - LEGAL DESCRIPTION - a IMPROVEMENT LOCATION CERTIFICATE Attn: ANP~Y ~ IPER CLIENTI ~ ~~ LGT 3 BLGCK 12, PARAMGUNT HEIGI-ITS -^ ~ PART 3 , CGUNTY GF JEFFERSCV~1, STATE _ , ~ ' OF COLORADO :. , ~ .. _.- _ :. ---.(-.~.Pi-..._. _.W..!. .._ .3. Z. N 1~ AV ~ . C~oO' IZOl1I> auo p Q L E V~ G04NEP _ Y l~ ~-OF SEG.ZS~ .. ~ (0~.0~_. _.. II I jM T3 S,l~G4W. I , I , J 230.00 ~~ ',-~ -- ~ .',~.'; Z S. 5 I M ~ N ~ N / in 33.5 Z ` ~ ~ ^0 d. 4.O ~ew,~. _ ~ _~ ~~ _ p.D I ~ ~. N / ~ ~ tri s2N~~-S?CU~fLY N I _ .,_~__. . 'g ~ ( IS.S I - _ P Mr'' J -... SCPt L..'c 1.•- ZU ~ . .,, ~]. _ ~' ~ ~° ~ U t ,. , .. ~ 9.0 of V- ~J' V .~ : 0 . i` . I " Lt~r.l~. t 0 (r0~_<.~ ~--___ L. •.,-.__ ~ 3.3.0 .' S.b ~ I -*; \ coin . 1 , --._, ,: U ~..., . I OO.CJI On the basis of my knowledge, Information and be or Improvement Surv6¢IJ and that i .i~ not improvement Tines. I further certify at tha i connections, are entirely within the b undaries described premises by improvemen on any adp sign of any easement crossing or bu ening any I "t(71CN~OTi gC61r~_A000rding fo Colorado law y u moat cor ifl~ tldWWIrINBtI~N 6NOW®r~1 N~rI~M Q event ma y ecNon [ It is my interpretation that the above described property i s 1-tot boated wirtun a t00 yearfloal hazard boundary based on Federal ~. FmRraencv fvianaoemerlt Aoencv Flood Insurance Rate f;'I'h rd6y certify that this improvement location cerURcate was prepared for ,that it Is not a Land Survey Plat relied upon for the establishrrlent of fence, buildin or other future xovements on the above described parcel on this d te, except utility the parcel, except as shown, that there are no encroac ments upon the ing premises, except as indicated, and that there is no ap rent evidence or t of said parcel, except as notg~~i,,,,,,,,,.. ,h or years fro n ftN OaN of 30• ~rtruirrirrin n~ii~+"`~°~ C/~' NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on February 23, 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-94-20: An_application by Jack B. Zelinger, Trustee, for approval of a 30' variance to the required 50' front yard setback for a gas station canopy located at 6595 W. 44th Avenue. 2. Case No. WA-95-1: An application by B & B Heating for interpretation of a roof sign located at 4892 Marshall Street. 3. Case No. WA-95-2: An application by Anny Coury for approval of a 14' side yard setback variance, and a 4' rear yard setback variance in a Residential-One zone district for property located at 10088 W. 32nd Avenue. Mar o hapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: February 9, 1995 Jefferson Sentinel r ~ .. P.O. BOX 638 TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE ~• WHEAT RIDGE, COLORADO 80033 -.' ~-(T ~ T~ea~ ~~R~ idge February 8, 1995 This is to inform you that, Case No. WA-95-2 ,which is a request for ~proval o£ a 14` side yard setback and a 4` rear yard'setback in a Residential-One zone district for property located at .10088 W. 32nd 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 February 23, 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 tq review any plans, please contact the Planning Division. Thank you. 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N C] ~ N ~ y m ° ^^ e ~ m w ~' ~ ~ a p y- o m` O= ~ ~ n ~ O ~ ° a ~ m ~ Q ~x~ N y •r S N ~~ CITY OF WHEAT RIDGE PLANNING DEPARTMENT STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING: Feb. 23, 1995 CASE NO. & NAME: WA-95-2/COURY DATE PREPARED: Feb. 15, 1995 CASE MANAGER:~redith Reckert ACTION REQUESTED: A 14' sideyard setback & a 4' rearyard setback in a Resideatial-Oae zoae LOCATION OF REQUEST: 10088 W. 32nd Avenue NAME & ADDRESS OF APPLICANT: Aany 8. Cowry 10088 W. 32nd Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 15,950 square feet PRESENT ZONING: Residential-One PRESENT LAND USE: Single family residence SURROUNDING ZONING: 13:, S:, E:, & W: Resideatial-One SURROUNDING LAND USE: N:, S:, E: & W: Single-family residential DATE PUBLISHED: February 9, 1995 DATE POSTED: February 9, 1995 DATE LEGAL NOTICES SENT: February 8, 1995 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQIIIRED RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoaing Ordiaance ( ) Slides ( ) Subdivisioa Regulatioas (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. CITY OF WHEAT RIDGE PLANNING DEPARTMENT STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MSHTING: Feb. 23, 1995 CASE NO. & NAME: WA-95-2/COIIRY DATE PRSPARED• Feb. 15, 1995 CASE MANAGER:~redith Reckert ACTION REQUESTED: A 14' sideyard setback & a 4' rearyard setback in a Residential-One zone LOCATION OF REQUEST: 10088 W. 32nd Avenue NAME & ADDRESS OF APPLICANT: Anny B. Coury 10088 W. 32nd Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 15,950 square feet PRHSENT ZONING: Residential-One PRESENT LAND USE: Single family residence SURROUNDING ZONING: N:, S:, E:, & W: Residential-One SURROUNDING LAND USE: N:, S:, E: & W: Single-family residential DATH PUBLISHED: February 9, 1995 DATE POSTED: February 9, 1995 DATE LEGAL NOTICES SSNT: February 8, 1995 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED RHLATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (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 ADJIISTMENT STAFF REPORT CASE NO. WA-95-2 Page 2 I. REQUEST The applicant is requesting a 14' sideyard setback variance and a 4' rearyard setback variance to allow construction of a shed. The site is 15,950 square feet and has on it a single-family residence roughly 2700 square feet in area. There is as existing shed 10.7' x 10' is size at the southeast corner of the lot. The shed has non-conforming setbacks of 0' from the east property lice and 2' from the south property line. The applicant would like to replace the existing shed with one 12' x 28'- setback 1' from both the south and east property lines. Pursuant to Section 26- 10(F) of the Wheat Ridge Code of Laws, a shed in the Residential-One zone district must be setback 15' from the side property line (east) and 5' from the south (rear). The existing non-conforming setback could be extended (i.e. the shed could be enlarged using the existing rear setback) but the applicant would like to replace it. Therefore, it must conform to setback regulations unless a variance is granted. According to the applicant's improvement location certificate, there appears to be alternate locations for the shed oa the property. However, the house is setback 50' rather than the required 30' and the entire froatyard has steep slopes and is terraced. The main living area faces west. There are mature trees along the southern property line. There is insufficient room to keep the shed tucked behind the garage (current location) and meet the required setbacks, thus the request for variance. The applicant has submitted petitions of support from four adjacent property owners. These petitions are included under Exhibit '8'. II. CRITERIA 1. Caa 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. BOARD OF ADJUSTMENT STAFF REPORT CASE N0. WA-94-2 Page 3 The property will continue to be used as a single family residence if the shed has conforming setbacks. It is questionable whether a shed meeting setbacks would affect "reasonable return" if the property were sold since it could negatively affect the aesthetics of the lot. 2. Is the plight of the owner due to unique circumstances. The plight of the owner could be considered unique because of the house "faces" west and there are existing mature trees on the lot. 3. If the variation were granted, would it alter the essential character of the locality. The granting of this variance should not alter the essential character of the local neighborhood as there are currently setback encroachments in the area. 4. Would the particular physical surrounding, shape or typographical condition of the specific property involved result is a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. The fact that the house faces west, the extreme slopes at the north end of the site and existing trees could be considered a hardship. 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. If a hardship is found, then conditions upon which the petition is based would not be applicable to other properties within the same zoning classification. However, if it is found that there are no unique circumstances or hardships, a precedent could be set for similar requests. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. The purpose of this variance is not based exclusively upon the desire to make money. i • 80ARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-2 Page 4 7. Has the alleged difficulty or hardship been created by nay person presently having an interest in the property. No hardship has bees created by any person presently having an interest in the property. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements is the neighborhood in which the property is located. The granting of this variance could negatively affect the residence to the south (45 Skyline Drive) as the shed will be visible from their backyard. However, it would appear that they have no objections since they signed the petition of support. 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. The granting of the variance should not impair the amount of light and air to the homes to the south and east anymore than the existing shed. It will not increase street congestion, increase fire danger or endanger public safety. It is questionable as to whether it will negatively impair property values. >- o~~IGI~~ ZONING MAP WHET RIDGE GOLOR~DO MAP ADOPTED Last Revision. Dccunber 23, 1993 D~FRTh87f CF PLNlYN6 MD DPrH.LfbB1f - X2852 ~~ ZONE DISTRICT BOUNDRY - PARGEL/LOT BOUNDRY (DESI6NATE5 OWNERSHIP) ::.,~:~~ ~"'~~"""" CITY LIMIT LINE -- - - WATER FEATURE • DHJOTES MULTIPLE ADDRESSES S~ 28 ,~, • »® SGAI.~ I'.400 • ~S~ ~O. t~JA-qs -z tX H-l f31 T `A~' --_ -=~~~i-J .~ i,; E ~,,: ZU' SHED I C.ONC"• oa=v~ .JOC~B__ __ W,- 3Z vo Ave. (6o~fzouJ~ (oo•oo z S. 5 M N N 9.O U M _.,Q2 A:ME ". _. 1_. - _ Co/Jt. r 7 / ~ GOIJG- _ _.. ~9.~N1 9.0 ' I G.c~wJG_ O - ~ "~- ~\ \ -_ ~ UO.UG~ X5.0 u Q P~ - i~il _ __ 230-00 V ~_ SCP~L"c ~••_ ZU f ~01~o5ED /2 X zp ~ -o S.o o~.,c . 5/-EED ~: ~r ...,...,,.,...w....w...- W C, A~~ N~6 . 1tiT A - q'6 ~ Z l~X l-i t 63L'j' ~ 6 January 25,1995 To Whom it May Concern: I plan to apply for a variance from the City of Wheatridge Board of Adjustment to construct a permanent storage/work shed on the southeast corner of our property. We purchased said property in July 1985. There existed then, and still exists apre-fab temporary metal shed on that corner of our property. It is rusty; it has a roof that leaks; and it is unsightly. I have been informed that the shed was then and still is in violation of the Wheatridge City Code because of it proximity to the property line(s). I have also been informed that I am allowed to add on to this pre-existing shed without a variance. However, because it is such an eyesore, I prefer to remove it and replace it with a structure that would better blend with the area, architecturally. I petition your approval/support of my request for this variance. Anny B. Coury Phone: 234-1644 10088 West 32nd Avenue Wheatridge, CO 80033 NAME ADDRESS PHONE NO. ~~ ~~~ / o ~ ~ ~ ~i/ 3 a Grin--e-- a 3 3- a ~ S5~ `am K. {a.{ars~6 ( loop-© ~n1. 37-nd Ave. W(~.~a1` ~-edge i ec S©~33 X33 _ tBt~E N ~ January 25,1995 To Whom it May Concern: I plan to apply for a variance from the City of Wheatridge Board of Adjustment to construct a permanent storage/work shed on the southeast comer of our property. We purchased said property in July 1985. There existed then, and still exists apre-fab temporary metal shed on that comer of our property. It is rusty; it has a roof that leaks; and it is unsightly. I have been informed that the shed was then and still is in violation of the Wheatridge City Code because of it proximity to the property line(s). I have also been informed that I am allowed to add onto this pre-existing shed without a variance. However, because it is such an eyesore, I prefer to remove it and replace it with a structure that would better blend with the area, architecturally. I petition your approval/support of my request for this variance. Army B. Coury Phone: 2341644 10088 West 32nd Avenue Wheatridge, CO 80033 NAME - - - - - - - ~ ADDRESS _ _ _ _ _ PHONE NO. ~ ~ ,tf-'~- Qom, a3. 1 WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 23, 1995 Page 6 Board Member WALKER questioned if 35 squaze feet sign is legal, and Ms. Reckert said she has not measured the building. The present sign is a little over 70 squaze feet. Mr. Bartunek thought the building is about 7-8 thousand square feet. Ms. Reckert added she doubted if this building is that large, but for a seven thousand square foot building, they could start at 100 squaze feet of signage and she thinks they aze okay as far as size goes. Cha;rman J17NKER informed the applicant that he would have to have four positive votes in order for this to pass. Motion was made by Board Member ABBOTT that Case No. WA-95-1, an application by B and B Heating, is interpreted as follows: It is the decision of the Boazd that the sign in question, as to intent of the ordinance, is a roof sign for the Following reasons: 1. The sign is constructed, erected and maintained above the eaves. 2. The sign does not appear to meet the definition of a free standing sign as it is dependant upon the structure for support at the floor and parapet. 3. Engineering azguments .presented may not logically be applied City wide and enforcement of this ordinance. 4. The appellants' hazdships and rationale were not persuasive enough in logic or general enough in body and context as to be applicable in scope or easily enforceable by the City as to allow an interpretation of language applicable to all structures and occupancies within the City. Motion was seconded by Board Member HOWARD. Motion carried 5-0. Resolution attached. Chairman JUNKER informed the applicant he could re-apply for a variance and then all hardships could be taken into consideration on that specific sign.. Boazd Member ROSSILLON moved the applicant be allowed to re-apply for a vaziance for the sign and permitted to do so without the usual fee. Motion was seconded by Board Member WALKER and carried 5-0. Board Member HOWARD said he would like staff to see to it that the applicant furnish a copy of their plot plan so they know where their property is at and what the boundaries are. B. Case No. WA-95-2: An application by Anny Coury for approval of a 14' side yard setback variance, and a 4' rear yard setback variance in a Residential-One zone district. Said property is located at 10088 W. 32nd Avenue. Meredith Reckert presented the staff report. All pertinent documents were entered into record, which Chairman JiJNKER accepted. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 23, 1995 Page 7 Board Member ABBOTT asked Ms. Reckert to explain where the shed would be placed and asked if the neighbor has any objections and Ms. Reckert replied no. Boazd Member WALKER wanted to know what is the distance from the new shed to the edge of the building, and Ms. Reckert said she believed about 5 feet. Board Member WALKER wanted to know if the shed became an addition to the back of the gazage what would be the limitation to the southern property line, and Ms. Reckert said it would actually be more since it would be attached to the main structure it would have to be 15 feet; and it would be five feet is for ancillary structures. Boazd Member HOWARD questioned the staff report not saying variance, and Ms. Reckert apologized saying the request is a variance and the staff report needs correcting. Boazd Member ROSSII.LON asked if there is a limit on the size of the shed, and Ms. Reckert said she believes they could build up to 400 squaze feet, however their proposal does not exceed the limitation. No further questions were asked of staff The applicant, Anny Coury, 10088 W. 32nd Avenue, was sworn in. Ms. Coury said the existing shed is old and leaks. The shed was there when they purchased the house ten yeazs ago, and it has always been an eyesore and they have wanted to replace it for some time. As long as they were replacing the shed, they thought they would make it larger. The neighbors' house to the south of them house is closer to the street on Skyline Drive. The peach tree by the shed unfortunately is dead and will be removed, and the proposed shed will go within 2 feet of that. Board Member ROSSILLON asked what kind of material will the shed be, and Ms. Coury answered they really don't' know yet„ but it will be similar to the house. Boazd Member ROSSILLON commented he has no problem with the request but did take note that the proposed shed will be much larger than the old one and Ms. Coury answered yes. They did consider adding on to the gazage but there is a walk that would have to be re-routed, and they do not want to give up the back door to the garage. No further questions were asked WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 23, 1995 Page 8 Motion was made by Board Member ABBOTT, that Case No. WA-95-2, an application by Anny Coury, be APPROVED for the following reasons: 1. There is an existing metal shed at the proposed location at the southeast comer of the lot. 2. The plight of the owner could be considered unique as there are existing mature trees on the lot which greatly restrict the owner's options as to alternative locations. 3. The granting of this variance could negatively affect the residents to the south as the shed will be visible from their backyazd. However, it would appeaz that they have no objections since they signed the petition of support. 4. The granting of the variance should not impair the amount of light and air to the homes to the south and east substantially more than the existing shed. 5. The granting of the vaziance does not increase the fire danger to the structure. 6. All four adjacent property owners signed the petition registering their approval of the requested variances. WTTH THE FOLLOWING CONDTTIONS: 1. The variance is granted only for the placement of the shed for the size and location of the application and testimony. 2. The replacement structure may not be constructed of metal. Motion was seconded by Boazd Member ROSSII,LON. Motion carried 5-0. Resolution attached. 4. CLOSE THE PUBLIC HEARING 5. OLD BUSINESS A. Board Member HOWARD asked about the modification to the zoning ordinance concerning semi-trailers and wanted to know what the intent is. Ms. Reckert said she believes it addresses that semis not be allowed for commercial storage. Discussion followed. 6. -NEW BUSINESS A. Approval of Minutes: January 26, 1995 Motion was made by Board Member HOWARD, seconded by Boazd Member ABBOTT, that the minutes of January 26, 1995, be approved as printed. Motion carried 5-0. 9 CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Boazd 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 23rd day of February , 1995. CASE NO: WA-95-2 APPLICANT'S NAME: Army B. Coury LOCATION: 10088 W. 32nd Avenue Upon motion by Boazd Member ABBOTT ,seconded by Board Member ROSSILLON the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-2 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 welfaze and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Boazd of Adjustment Application Case No. WA-95-2 , be and hereby is APPROVED. TYPE OF VARIANCE: A 14' sideyazd setback & a 4' rearyazd setback in a Residential- One zone district PURPOSE: To allow construction of a shed FOR THE FOLLOWING REASONS: 1. There is an existing metal shed at the proposed location at the southeast comer of the lot. 2. The plight of the owner could be considered unique as there are existing mature trees on the lot which greatly restrict the owner's options as to alternative locations. 3. The granting of this variance could negatively affect the residents to the south as the shed will be visible from their backyazd. However, it would appear that they have no objections since they signed the petition of support. CERTIFICATE OF RESOLUTION CASE NO. WA-95-2/Page 2 4. The granting of the variance should not impair the amount of light and air to the homes the south and east substantially more than the existing shed. The granting of the variance does not increase-the fire danger to the structure. 5. All four adjacent property owners signed the petition registering their approval of the requested vaziances. WTTH THE FOLLOWING CONDITIONS: 1. The variance is granted only for the placement of the shed for the size and location of the application and testimony. 2. The replacement structure may not be constructed of metal. VOTE: YES: Abbott, Howazd, Junker, Rossillon and Walker NO: None DISPOSITION: A 14' sideyard setback variance and a 4' rearyard setback variance granted by a vote of 5-0. DATED this 23rd day of February, 1995. '~ SUSAN JU Chairman Mary Lbu Chapla, Secretary Board of Adjustment Board of Adjustment