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HomeMy WebLinkAboutWA-95-22~~Iv( ~(JC~ - 233- ~~3~ The Cify of ~1Vheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO- 80033 Phone (303) 237-tiAaa Applicant Saturn Service Corp. Address„?.0. Box 151202 -Phone 989-2653 a ewoo gg Owner' Saturn Service Corp. Address P'0. Box'151202a o 26 T.ak~c.+ood. ('olor^do g02~;hone 989-2653 - Location of request 3825 Parfet Street, Wheat Ridge Type of action requested (check one or_ more o£ 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 uTSe/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. ^ Other Detailed Description of `request variance- to -build duplex/double- on 75' wide lot when 100' is required by existing zoning. - _-' ._ .. .,,_._,_. _- ._ _ ._ F. -, .. -.--. List all persons and companies who-hold an interest in the described real property, as owner, mortgagee, lessee; optionee, etc: NAME ADDRESS PHONE Saturn Service Corp. P:0.-Box 151202 Lakawood Colorado -80226 989 2653 I certify that the information and exhibits herewith submitted are trueTand correct to-the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-df-attorney from-the owner which approved of this action. on his behalf. Signature of Applicant by .~ ~ ~~~W~ as President o Saturn Service orp. - Subscribed and swor~n/~to m/e/ th,9is /a'H`day of nom, lg _~ Notary Public w SEAL My commission expires /z - /~} - t$ T-1- uo~c-ncVCtvCU ~„~ ~ y-y ~ Receipt No..~~'~.~~f Case No.- RECEPTION N0. 39294 5.00 RECORDED IN COUNTY QF JEFFER50N STATE OF.COLLRADO 8/22/94 15:24 BARGAIN AND SALE DEED 5~ X KNOW ALL MEN BY THESE PRESENTS, That I, Francis L. Hildenbrand whose address is 390 S. Kline St. Lakewood, ~ 80226 * County of Jefferson and State of Colorado ,for the consideration of Ten and NO/100 ------------------------------ in hand paid, hereby sell(s) and convey(s) to Saturn Services whose legal address is p, O. Box 151202, Lakewood, ~ 80226 County of Jefferson ,and State of the following real property situate in the County of and State of Colorado, to wit: ca Lot 30, HP,AS SUBDIVISION ~, also known by street and number as 3825 Parfet Street Wheat Ridge, CO 80033 with all its appurtenances. Colorado Jefferson Signed and delivered this 10th day of August , 19 94 ~ , _ _ _ ~ 1 Francis L. Hildenbrand STATE OF COLORADO, J ss. County of Jefferson The foregoing instrument was acknowledged before me this 10th day of August ~-\ 19 94 , by Francis L. Iiildenbrand it ' NIy,commission expires Nl3y 2 , t9 97 .Witness my hand and official seal. ' 4; ,i, II ~~ `J ~ ` `• ~ (' ~ ' ~ No~arY Public ~~ ; '^• { ;i' .~` '~ ~ :~ 390 S. Kli St. , Lakewood, CO - 80226 i "If in Denver. insert "City and." l l .88 (n NO. 901.'R¢V. 2-S8. BARGAINANDSALEDEED (Statutory Form) Bradfoctl Publishing, 5625W6[h Ave.. Lakewood, C080214-(JU3)23J~690U +. Copyrighs 1988 ________________ dollars, _- --.~ _.4_._~R ----~- - - -N -- - - N 00° 2 I ~ 35"W 75 -- . 0 i - - - - -, - ~H161T f,3 Lot .3D ~ , f f1S ., u ~ ~~ g 7 • - ~ ~ ~ f ~ ~ ji [[ m m Z II N r h n o ~, m "' J ~ 14 0. v' ~ z ao v>o . ~ m z D r ~ w ~ z •~ `o A `O ~ o ~ i;! ~ ~ D - c~ ~ i ~ I~ Or °`i' S~ <"' Q C A ST ~ C°"' ~ ,~ O v m D a --i r i. '~ ~ w ~~v ~ ~~ m O ° ;.fin ~u ' _D-CD ~ w -~ .r 7~N ' ' y ;; dim ~ mom ~ 8" p-Mf Jr.¢ ^~- , ro a ' s , ~ ` - -I ~ >J ~ ~ ~ ~ -~ ° y p ~ I ( "1 14.0' o I w mo o ~i ' r z I Sn rl, r A 7 =m fm ~ m~ Dm mz ° ~o I X m I i !s. ~- 6 9 ---._ 5 ...... ' om ~ f . m ' - ,,.~~ , ~ ~©~~~ m ° ~- ~ 3o`-Setback - 0 I S 00°21'35-E 75 .00' ~.. NOTICfi OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on July 27, 1995, at 7:30 p.m., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. The Following petitions shall be heard: A. Case No. WA-95-22: An application by Saturn Services Corporation for approval of a 25' lot width variance and a 2000 square foot lot area variance'to allow a duplex in a Residential-Two zone district. Said property is located at 3825 Parfet Street. B. Case No. WA-95-23: An application by Quantum CM, Inc. for approval of a 20' variance to the 50' front yard setback for property zoned Industrial. Said property is located at 7881 W. 48th Avenue. Mary ou Chapla, Secretary Wanda Sang, City Clerk To be published: July 13, 1995 Jefferson Sentinel ~SOC t"JEST 29TH Ab'ENUE P.O. 30X 638 - WHEATRIDGE. CC 600340633 City Aomin. Fax ~ 23~-5924 The City of (303) 234-5500 cWheat Police Deot. Fax;r 235~29~9 Ridge POSTING CERTIFICATION CASE NO. ~ f ~-- / S-~ ~~- r PLANNING COMMISSION - CITY COUNCIL ` BOARD OF ADJUSTMENT (Circle One) ,~ ri \ -----~= HEARING DATE: I, residing at f+~ ~oC per/ ~,NC~ -`r '(name) S , i~u.e ~ ~~f (a d r e s s as the applicant for Case No. ~1 ~--. 9 ~'~~o~ hereby certify that I have posted the Notice o£ Public Hearing at for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. ~ ~~-~_ Signature n NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning .and Development. M A P <pc>postingcert rev. 05-19-94 -------------------- 0~. ~y ~; ~' , i~- ~,. 7 '" °3 14 U , `r ,q~ ~ j is T ~. ~ ~.~ ~~ tit on this -~-~- day of ClA.t~ 19 ~, and do hereby certify that said sign has been .posted and remained in place . Y 7500 West 29th Avenue -Wheat Ridge, Colorado Telephone 3031 237-6944 The City of Wheat Ridge This is to inform you that Case No. WA-95-22 which. is a request for an approval of a 25' lot width variance and a 2000 square foot lot area variance to allow a dualex in a Residential-Two zone district for a property located at 3825 Parfet 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. lulu 27th, 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 " e-i _ ~ ~ 1 `_'~~-- _"= fo..i ~. ~ .. ~C ~ ~... W C ;t C :: - T f7 C: ~~..,~a ~ -.J k -! ~O ~ ~ `, E '~ ~:; U d ~- ~~~y `~ ~ V d ~ ~~ J ~' ~~ v N W ~D N N H N W N ~ ~ ~ '~ ~ b ~ iYlMq ' f,"M'rtr~ ~ ~ F .:. t t 1 ) C Q ... W O 7 Q Q ~ = U rn W N Q N ~ w 3¢ w x n3 lY~~ c ~ ~p N w X ~ ~ > ~ $ > $ ~ N`p m ~ ~ O ov ~ ~ ~ w m d £ ..D ~ _W y v N i N S LL .3 ` D m a _ S F a y ^ ~~ m °' ~ ~ r W > ~' U ~ t Z' ~ O ~ cV m ~ ~/~ ~ a a i V' m 3 € F ~` n 0 ~ ~ ._u ...rr3_ n $. a { eVy~~z o < ~~ ~ ~' , E' a m _ 9~ t ~ ~(~ ~ ~~~ ~ o ass v U g a$2 .~ '6 ~g'~:~ Ra <L7 ~ ~ _$~5 M ~ ~ ~ ~ ~ ~ O ~ E~x _ N M pi ~ e<~ a-. 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N y n p ~ _ _ y cm - mn I _ ay ° _ _ I - __ _. IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO _ __ THE RIGHT OF RETURN ADDRESS. _ __ O m n ZJ m c z 7J m n m _ '---v -i N ~ ~ n'~3 ~e. ?~ ~ it A _ a Qo g ~ ,$Q ~' m' a ~d.$ ~ om 3'A'o _ o " PF D c ~' °F~ 3 yy ,O ~?- &vn o~'o '_ axe 3 u OJ V - A p ~ - d a ° ° Q N D z ~ ~ _ =" N ~t ~ ~ Z p N J F O _ ~ D m m ~ Q ~~ n~ o In n `~ 7J F in T a m a< ~ n . '' ' y T7 r n m m ~ ~+ m ffi 0" m `° m ~' p n ~ ~, ° ~ ~ o O m Oro n L~ D c o ~ . ~ ~ m a 0' ° m ~ ~ ~ ` N ~~ a W m'~~ o CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 27, 1995 DATE PREPARED: July 18, 1995 CASE NO. & NAME: WA-95-22 /Saturn Services CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Saturn Services Corporation for approval of a 25' lot width variance and a 2,000 square foot lot area variance to allow a duplex in a Residential-Two zone district. LOCATION OF REQUEST: 3825 Parfet Street NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 10,500 Square Feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Vacant Saturn Services Corporation P.O. Box 151202 Lakewood, Colorado 80226 Same ZONING: W: Residential-One, E:, N:, and S: Residential-Two LAND USE: W: single-family, E: vacant, N:, and S: two-family DATE PUBLISHED: July 6, 1995 DATE POSTED: July 6, 1995 DATED LEGAL NOTICES SENT: July 6, 1995 AGENCY CHECKLIST: ( ) RELATED CORRESPONDENCE: ( ) ENTER INTO RECORD: ( )COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS (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 Staff Report Case No. WA-95-22 I. REQUEST Page 2 The applicant has requested the approval of a 25' lot width variance and a 2,000 square foot lot area variance to allow a duplex on a substandard parcel. Section 26-14 states that atwo-family dwelling, within the Residential-Two zone district, must have a minimum of 100' in lot width, and 12,500 square feet of lot area. The area is predominantly developed into duplexes. To the north and south of the proposed property are two existing duplexes on substandard properties. The southern property (3815 Parfet Street) was approved, by variance (Case 70-11), for the development of it's duplex. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 1. Can the properly 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 although there are several substandard lots in the immediate vicinity which have duplexes on them. Staff can find only one case where a variance was granted. See exhibit E. 3. ff the variance were granted, would it alter the essential character of the locality? No. The locality currently consists of duplexes on substandard lots within the Residential-Two zone district. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. There isn't any condition of the specific property involved that would result in a hardship as distinguished from a mere convenience. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning class'dication? Yes. Any property owner may apply for the same variance. A precedent has been set for the granting of this type of variance for a property two lots to the south. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Yes. Because a duplex is used solely for renting, staff believes the desire for the variance is ~~ exclusively upon a desire to make money. 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 property is located? No. The granting of this variance would not be detrimental to the publics health, safety or welfare. 9. Would the proposed variation impair the adequate supply of light and air to adjacent properly 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 probably not impair the supply of light or air, any more than a single-family residence. If the variance were granted, these would be roughly 20 vehicle trips per day, to and from the site, as opposed to only 10 trips per day for a single unit. N. STAFF CONCLUSIONS Staff concludes that precedence of a similar case was already established when 3815 Parfet Street was granted approval via Case WA-70-11. Also, the density of the property has already been addressed per the adjacent properties which also have duplexes on. substandard lots. Should approval of the variance be granted, staff recommends that other development standards of Section 26-14 (setbacks, height, etc.) must be complied with, and that a site plan and building permit for the proposed duplex must be submitted. ~ ~ •:-:-:: - o~ oIS I l~1HHAT I R j _~ R_~ ,~ • ~, I I JI 'I -I In - ~~ ,12 `~ Y N al ml ~ ~ ~'i1 I_ w a15T hvE ~ - /~ a /y~~ .~ v n 41 ~~ o g0 ~ „~ !"~Pl~ ~~~~VIV ~a ~ • o of o Rc_I 'dl 2S I ^' - op- mm ® 1 (1 a • " 97f - -w 39TH PL \J J F- ~ ~ ~ n o r~ ppp ~ ~ ~ f .°I. `„ ' Qj'I of ~I 81 ~ a - 1 - I ((~ 1 t75 v ~- .~i ~/ I ~n F Q • ~ ~ el ql n v~ v~ I _ 4J ~I ~ - N ~l a al ~I ~ $o I, _ 1`j = Z $ r ~. 17{~L5 yl ,~ ~ ,. w 39TH 1 - p o ~ ~' of S~ ~ o N - ~ ~~ _ .. - o SO K ~ ~~ ~~ g °' a o°I CIS .m, ~ r.~ I I ~ ~ , ~ w 38TH - - o ~ - Jd.T ~ PL -w 38TH v~ ' Q ~ ~ ~ - o~ v _ Y ~ - fl ~ ~ S ~ ~ ~ '~ - _ _ ~ - ' $ ~ ,~ ; B o 8 i i ~~ w 36711 AvE - - - - :-- ,. ~~ ~ •,- , 100-YEAR FLOOD PLi-:N r--a ~ r ~ ~ I .___~ ~AP~'#?OXIMRTE LOGATiON) ~~ ZONE DISTRICT 3OUNDRY ~~ 7 ~ARGELiLOT BOIiNDR" ® ~ iDE51GNATES O6vNER5tiIP} °70100 '°° zlo ''°° - - --- W,4Ti=R FEATURE SC~~ 1'=400 • D;=TIOTES MULTIPLE :~.DDRE55i=5 I '>52 ~xNie,~r ~ K x ~~,q°o~~ ~ ~ Ffo,~oo a ,f~ ip~t{coC~~ ~ s Fl~r~loo [~1 v a ~o,4ao ~-~ bu~~x ~ r ~,+v~cx ~ t o,aoo tp ~--~ ~ 1N. 3'x{"1"` 'P L oL 4 ~1~~ i ~,s~ bu~-eu ~I bKrnax vacaNr ~ ofgoo W • 3 v'r`` 6~ 1 ~ ~ .... ...r-:~, ~~. ~ r. ~~'~ .. ,~. 7:~` t~ ~. 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Iii '~ .l ,i,~ ;~ ,l,i~ il, .l , .' -7' 0 a 7 9 ~- '~~u-IIS~LT" 'C ~KU~m~r ~ ~. ! ~ i .5 ` i ~ ,~ i i I ~ ~/ i ~~ i~ ~~, i i I j ~,,~ ~~ ,.,~~ ii~iii I~ Iii ~~' '~li'I;j .j ~; I~~II {I~ iii dill 1i~ { i I;~llil{!i~ iI I~~~'I~ !~~{ ~ I ~~ ~~, lii iii~~~ ~ ii i ~~{1i4~~ ,I~ till! ~ i~ i ili't ;~ ~., I'~;~li;~',I~'I~ ~~. ~;~~ Ijlli~~!~Ii~ll i`ii ~ ~I'II ~I II~I~{~ ''li!i~ ;,I;{ ,~{l~I;ii~ ii1 iii~i.~ 1, i ~ „I 4liii; I. ' Dili II { ~~i ~ I i~ ' ~~ '~~ i I' ~ ~ ~~ -- i; i~~ ;, f { t !~ i ^' . ~ f ,.. ~p. ~''f`iz ., , ~~ z. •:i ~~`~~ f ~I I~ I '~ !; ~, ~~ 1 ~. ~, ~' ! f~' i '!) ;;~ i ! lli ~;i~ i~~ I i i~~ illy ' ~ ii Oo { ~ ~~ {~lil,~~ j~ ~ i. ;II M ~ ' {I ills i1~~ Ii II I it f 1` ll,i ~'j ~I~~,i { I li ~ ii~ 0 w d1 A N ~,cuir~ir •~ - f''"1 LdA 76-1U ART ilEUN SIGft CO, 5F37 West 313th Avenue. The applicant was represented by tor. P4eadR for a sign to be constructed 2D' from the ground at the above Iocatin*;. Zoning is C-1. Mr. Dumler sta±ed he had driven by the station going both Ezet end West and could not locate ;he sign, es it ahauld 6e posted in a conspicuous place for nntice to the public. Upon Motion by Jay Dumler, seLOnded by P1rs. Birmingham, thla case is :o be tabled until the. 22nd day of June; the applicant is to report the proper+,y so the signs will be visible from the street. .arried by majority vote. The roll having been callud, the vote was as follows: Dumler Aye Opie Nay Greene Nay Birmingham Aye Eckhardt Aye yr'„~."'°"T _ ._: ..^~.. 1 (~{ WA 70 11 DONALD RUDY X815 Parfet Street -The applicant would like to construct double family units, with one nit facing Parfet Street and the other unit facing West 38th avenue Tha people in the area surrounding this oarcei of ground signed petitions to support the applicant's request For the variance. A petition con- taining 19 names was submitted to the Hoard. pan Motion by dill Greene, seconded by John Opie that because of the _ support given the applicant by his neighbors for the construction of the two duplex units, this should be approved. Carried try unanimous vote. Tt.a roll having been called the vote was as follows: - Dumler Aye Opie Aya AYe ~ R - ye Birmingham '"`~ -" Wa 70 9 B.A. "B09" SMITii k800 Wadsworth The applicant waits to construct an office building. The plans for construction of the building have been changed 90o to the left with the entrance being on the access road, also the*e is a PO' easemznt, this is tho only quay thie could be a definits asset, Mr. Smith stated, Mr. Smith also ata~ed this would lose 10 parking spaces far the hulloing; if they moved it further Eaat it would lose ever. ~''"`+ mare parking. Ta overcome and take advantage of thn ~xup-off of the ;~ land immediately east of the east curb of the service road, the entrance access would trs situated on the property line, but the building rrauld be 17' East of the porperty line. WHEAT RIDGE BOARD OF ADJUSTMENT MIND'TES OF MEETING: July 27, 1995 Page 2 2. APPROVE ORDER OF THE AGENDA Motion was made by Board Member HOWARD, seconded by Board Member ROSSILLON, that the agenda be approved as printed. Motion carried 6-0_ 3. PIIBLIC FORIIM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PIIBLIC HEARING A. Case No. WA-95-22: An application by Saturn Service Corp. or approval of a 25 foot lot ,width variance and a 2000 square foot lot. area variance to allow a duplex in a Residential-Two zone district. Said property is located at 3825 Parfet Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member HOWARD said they were given reference that one of the substandard lots came in for a variance and did the rest of them also come in for a variance: Mr. McCartney answered staff does not know the exact history, but they could have also been built prior to 1969. Board Member ROSSILLON asked has the vacant land been plotted for duplexes and wanted to know the history of the land, and Ms. Reckert said the property across the street went through a re-zoning process last year. The owners wanted to re-zone it to allow a couple ,of 6-plexes but due to neighborhood opposition the request was scaled back. and finally denied by City Council. How~yer, that request was quite a bit more dense than this one. No further questions were asked of,staff. George Holly, 1667 Cole Boulevard, attorney representing Saturn Services and its owner, Francis Hildebrand, was sworn in. Mr. Holly said that Mr. Hildebrand built all of the __ roadways and four of the duplexes and then had an opportunity to buy this particular lot last year. He cleaned up the lot so a structure could be built. The wY~ole area is made up of doubles that are comparable to the one he wants to build. WSEAT RIDGE BOARD OF ADJIISTMENT MIN[TTES OF MEETING: July 27, 1995 Page 3 Mr. Hildebrand obtained all building permits for the lots to the north from the county because the property was in the county at that time. The City issued the permits and variances for Lots 31 and 32. Mr. Holly said it seems to him it would be logical, reasonable and intelligent if on this row, all buildings would be doubles. Mr. Hildebrand has been a long time Wheat Ridge resident and has built many doubles in the Wheat Ridge area in the 60's and 70's. He still owns a number of very well maintained duplexes which are rentals. F.L. Hildebrand, 5085 So. Alkire-Street, was sworn in. He purchased the property approximately one year ago and agreed with Mr. Holly that all facts presented on the background were true and correct. Board Member ECHELMEYER asked if the proposed duplex was similar to the one to the south, and Mr. Hildebrand answered yes. Mr. Holly informed the board .that ,all setbacks are proper. Board Member ROSSILLON asked if the sketch in the packet is a close facsimile, and Mr. Hildebrand replied yes. Mr. Holly entered into record the set of plans, labeled Exhibit 'A'. No further questions were asked_of the applicant or Mr. Holly at this time. Leslie Davis, 3815 Parfet Street. Mr_.-Davis owns the property south of the lot in question and voiced a couple of concerns about the proposal. He said'the duplex appears to be about 200 square feet larger than others allowed and was concerned about the side setbacks being smaller. He also stated currently there is no sewer running down Parfet Street and was wondering what they were going to do-for . sewer service. Mr. Davis also wanted to know what materials would be used for .construction. Ms. Reckert said generally they are required to .hook up to public sewer and provide evidence of water and sanitation service prior to issuance of the building permit. Board Member ECHELMEYER asked Mr. Davis if he owned the unit to the south, and Mr. Davis said yes they own and 'use both sides. There is an opening between .the-two units. e WSEAT RIDGE BOARD OF ADJQSTMENT MINIITES OF MEETING: July 27, 1995 Page 4 Board, Member ROSSILLON asked o£ staff what is the development north, and Mr. McCartney replied it is a duplex also. Board Member ROSSILLON asked the applicant in answering Mr. Davis' concern, what material will be used in building this duplex, and Mr. Hildebrand replied it will be bricked on the lower level and it will have frame on the upper. This duplex is similar to the others on the block, however Mr. Hildebrand stated they could put a duplex exactly like Mr. Davis' if that is a concern. Mr. Hildebrand said they have an easement across the lot to the north which will tie into that and then into the sewer on 38th Avenue; the sewer company preferred us to do that way rather than dig up the street and put in a new line. Chairman JUNKER asked what is the setback to the north, and Mr. McCartney stated he does-not know exactly, but he knows they all meet requirements of at least 5 feet. No further questions were asked. Motion was made by Board Member ROSSILLON, that Case No. WA- 95-22, an application by Saturn Services Corporation be APPROVED for the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative-to the nine specific questions to justify the. variance, the evidence and facts in this case do support the granting of this request. 2. The subdivision currently consists of duplexes on substandard lots except for the vacant lots directly to the east. 3. A precedent has been set for granting this type of variance for the property to the south. WITH THE FOLLOWING CONDITION': __ 1. The development standards for Section 26-14 must be complied with and the site plan and building permit be submitted. Motion was seconded by Board Member ECHELMEYER. .Motion carried 6-0. Resolution attached. 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 27th day of July ,_1995._., CASE NO: WA-95-22 APPLICANT'S NAME: Saturn Services Corporation LOCATION: 3825 Parfet Street Upon motion by Board Member ROSSILLON , 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-95-22 is an appeal to this__Board from the decisi_on_ of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE concerns registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLI7ED that Board of Adjustment Application Case No. WA-95-22, be and hereby is APPROVED. TYPE OF VARIANCE: A 25' lot width variance and a 2000 square foot-lot area variance PURPOSE: To allow a duplex in a Residential-Two zone district FOR THE FOLLOWING REASONS: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. 2. The subdivision currently consist of duplexes on substandard lots except for the .vacant lots directly to the east. 3. A precedent has been set for granting this type of variance for the property to the south. CERTIFICATE OF RESOLUTION CASE NO. WA-95-22/Page 2 WYTH THE FOLLOWING CONDITION: 1. The development standards for Section 26-14 must be complied with, and the site plan and building permit be submitted. VOTE: YES: Echelmeyer, Hovland, Howard, Junker, Rossillon and Walker NO: None DISPOSITION: A 25' lot width variance and a 2,000 square foot lot area variance granted by a vote of 6-0. DATED this 27th day of July, 1995. SUSAN JUNKER Chairman Board of Adj stment Mary o `)Chapla, Se retary Board of Adjustment