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HomeMy WebLinkAboutWA-95-29Aug. 2, 1995 City of Wheat Ridge Dept. of Planning & Development 7500 W 29th Ave Wheat Ridge, CO 80033 To Whom It May Concern: This letter is to request permission to encroach on our easements. We are planning to build a detatched garage in the northeast corner of our lot We have spoken with representatives of U.S. West, Public Service Co. and T.C.I. Cable, as well as the Water & Sewer Dept. Public Service did locates and there are no underground lines or pipes. Therefore, the undersigned utility representative agrees to authorize a waiver for said easements to be encroached upon for the purpose of building a garage at 4000 Kendall St., Wheat Ridge, CO., Jefferson County, Wright Subdivision, Lot 19. Si , oberta R. Anderson ~~ aY: - ~ ~ ruce McCulloch U.S. West ~w MMI~~. m Public Service~~ Thursday, August 10, 1995 Plat No.: 3-2122-159 (24-3-69) Grid No.: 075/850 E Roberta Anderson 4000 Kendall St. Wheat Ridge, CO 80033 Dear Ms. Anderson: Pu61ic Service ' Company of Colorado 2707 W.7th Avenue Denver, CO &7204-0114 Document No. 175776 Reference is made to your proposal to encroach into the five foot utility easements along the north side and east side of your properly, being Lot 19, Wright Subdivision, City of Wheat Ridge, Jefferson County, Colorado (known and numbered as 4000 Kendall St.). Please be advised that we have reviewed this request at the site and that we have no objections to the garage encroaching into the utility easement along the north side of your property. UNFORTUNATELY, BECAUSE OF THE PRESENCE OF OUR FAC]LTTIES, WE CANNOT APPROVE THE ENCROACHMENT INTO THE UTILITY EASEMENT ON THE EAST SIDE OF THE LOT, FOR THIS TYPE OF STRUCTURE. You are further advised that all risk and responsibility for this encroachment are unilaterally that of the property owner. Due to the permanent nature of the proposed structure, at some time in the future it would be a wise move on your part, to petition the city, to vacate that portion of the easement the garage will occupy. You would want to take that action a reasonable length of time before attempting certain transactions, such as refinancing or selling the property. An additional copy of this letter is enclosed for the city. S~~rely/,~ ~ / 1~l" v '` J Paul Kellogg, PLS, Land Rights Agent for and on behalf of Public Service Company of Colorado Enc. The City of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 800'33 Phone (303) 237-6944 Applicant_ ~Sa 1 Address.[J.(jp~ ( Phone9~9~~~ Owner ~$'//1~ Address Phone Location of request_ _ Type of action requested (check one or more o£ the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code - Temporary use/building permit Zone line-modification _ Minor subdivision Public Improvement Exception Subdivision _ Street vacation Preliminary - Miscellaneous plat B Final Solid waste landfill% [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request- ,.~, Lc.~~ , ~,• +-f-°~-(o"SID~Y.6tLD SE°ti3FkK- v4s..t aN~ List all_-persons and companies who hold an_interest in--the described real property,-as-owner, mortgagee, lessee; optonee, etc: - - NAME ADDRESS PHONE ~ ~hSE WVl A-VI N,4~c>?Tr~¢U-~ ~ef~? l -31K - 3 ~q - 3 t 6~ FO ~T ~If~n~,~ I certify that the information and exhibits herewith submitted. are true. and- correct tm the best_of.my knowledge-and that in filing this application, I,- am acting with the knowledge and. consent of those persons listed above, ,- without_whose consent°the requested actior, cannot lawfully be .accomplished. Applicants other than ow r must s bmit p er-of=attorney-from the owner-.` which approved of this ctio on h b al __ Signature of Applicant .L-L~C-~G Subscribed and sworn to me this ~ day^of 19_~' _ __- seas--~~~.r.,11 /1.r,2 Notar~~blic _ SEAL _ _ - - My commission expires- ~ -~d'' -9 Date Received - Receipt No. Case No. ws>3rr ascoxnaA MAIL To CR09PDSR DSORTGAGE COEIPORATIODT 1680 3878 37&1387 SIIITB 100 80>7LASR~ C0 80301 [srw, Qgav, Thi, ton Far a~wanWp nM,] State of Colorado Frra ca,..eb.... - ~~i~a~ ~~ ~~-r!T 05118856681.703 LOADT NO.17217 THIS DEBU OF TRUST ("Security Instrument') is made an OCTOaBR 31 , 1994 . among tha grantor D71VIA 11. 11NA8R$E??i #LiA RQ$RAT~1 li, A3'ID$RAO1+T • .. '" " .. ~. , , :..., . whasc addross is 4000 >l`BNDALL $7.'R88T 9P88AT RIDGB, CO 80Q33 The Public Truat~ of ,. ,, V a~~iiAV VN " " t~ty (" i4M~wy"). Thabatcficiaryis .C&ODfABR MORTtaAG$ CQiiPQRI!'a'TQNf .°;: , '; which is or>ianized and oxiating undot the laws of CAIaAR~AO ~ ~ whoaa addressia 1680 3878 STRB$T~ $17~'l'S 3rQ0~ S(?G7aA$1it, COLORADO 80301- ~ '''' ('I~ndct'): Borrowor own L?adct rho principal stun of 8IG8TY-ONiT T80IISADTD SIX BIINARBD 803i'1`Y-SI7F ADTf! QO/100 Dollars (U.S. $ 81, 646.00 )• This debt u avideuaod by Borrowor's note dated the Hama date as this Security Instrument ('Note'), which pmvidea for monthly paymeatsr with the fuU debt, if not paid earlier, duo and payable on NOVSlO.i1SR 1, 2024 ,Thin Security Instrument socttras to Lender: (a) the repayment of the debt evideacad by tba Noto, with intOIaatr and all t'enewalsr axtenaions and modifications, (b) the payment of all other soma, with interrsk advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agtoementa under this Security Instrument and the Note. Far this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Truatae, in trusty with power of sale, the following described property located iaJ88$8&SON CD~yr Coloreds: . - , LOT 19, 9v&IGBT SIISDIVISIODir COIINTY OY J88y$RSON~..8TAT8 08 COLORADO. ,.; ti a,., which has the address of 4000 R88iDALL STR88T ~AT~ EtIDCsB , r.,, . ~,,~» ~~~~~;;;Y=~ ±, CO 80033 ('Pro~y,,~#daresa"); , -- {State] I2Ip Cod,] - . :: '` ~ . ~ =" .,a<. TOGI:ITISR WITH all the improvements now or hereafter erected on the property, and all easemerra, rights; , reote,''"° royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or herea$et a part of rho pmperty.:All Treplacemeots a1nd_ additi~~n~sydull also be coveted by this Security Instrument, .,All of the fomgotng >a rafex[atl:tn 14 t?r~ocuutY _ ~aar..r,Rr!.Y tW,~~OI^y". _ - t~~l~r _S ~a~ d ~i'i BOBROWAit COVBNANT3 rbat Borrower is lawfully seized of rho wtato hanby ctaaveyadwd hoe tiro si,~bdta gganYay" .` Wa Property and that rata Property is YAaC040r1fitidr axwpt for enoutnbraAOM of,raarl. itoarto~w' warpinh! iu>d ',!+l„": ~~.:.' iha title to the Property against all claims and demands, subject to any encumbrances of record. ,~-~7%' -- . _.. .. . ,.;~;.,. ~ i BanWrie Fwnr Srppry Co., kw. ,. .. '; ^Y. ~ .,» r C,1 Toe ra. (800144&®e65 Pone t of 4 Initiate: ~ ~ ,LIFT ±1@2106 fi/81 /G~ND,aLL Sr ~~ 1~Z ~~A . o~P '~ ~ ~ z ~ ~~m A ~~m ~~.. N $ ~i m ~ O /'y~ X I :, ,p. ~ff~ 'I•'.. ... 33,54- ~ II~~~ ... c m ~~ ,.,. p , .. =D~ - -_ -- $~~~-_ _ w ______ _ _~ ~~ ~ @ e ~~ a ~ ~,~ ~ u v ,L.~~~ .~~ ~•4 .,~,, ~~ o. ., °'f~, x rn, x. ~~'~w~~W ~~Q m ~ ~ C'N V .,.•- N o ... -~.1w'~. ~ ~ ~•s;waw, m m ~- y .~ ....... , G f. s ~~ I 1 Rt ~ F~ ~ :rev ;p .4 . ~~"'~ ~ I ~ 5j11 __ ' D 28.0 I '~ . s~ ~ ~ ~ ~~ -~ ~m T; - ~W ~ e~ o ~,~~~~ ~~ os - ~~' rim - 'P .: N °f, 'I Q ,'~ m ~ ~ ;: S.. .r , o_ ;& I ~ . Q ,~ r 0 ?p y2 A' A D m ~ rl ,,. L A N D S U R V E Y I N G 5460 WARD ROAO • SUITE 160 ARVADA, COLORADO SOOU2 (303)420-4788 , IMPROVEMENT LOCATION CERT'I FICATE Attn: SHERI _ b SY ~ M ..._GuN~- _. --.....__.. n2Z.v_E _ - - - - - -~ ~ S.o ~ o ~ I _. O , _ cvNC, ~ 6.b UN l_ DATE 9/20/94 FEE 80.00 JoaN gfi-5621 MoRTGncE co. CROWDER MTG. It000 KENDALL ST. ADDRESS BORROWERS NAME ANDERSON 1_EGAL DESCRIPTION IPEfi CIJENII ' LOT 19 WRIGIJT COUNTY OF JEFFERS~IJN, STA~E OF COLORADO I~ J I N ~- _. - GONG - I ~- ..UAJE~SY'D12,V ~ .._...___ ... ~ _ 13 R.'SGtc _ .__..... _.... LOT _.._ W , ._. .:_.Llo_`.~::...l~vE ~~ G7 I~13 .II..Y l 3000 ~y0 ' 2 o ccJ~ ~~'`~"f'~`~ 1' ~A __`` t:J ~~ I~~ I ~, On [I ie basis of my knowledge, Information and belief, I hereby certify that this Improvement location certificate was prepared for R[~xlpp ,A ,that it Is not a Land Survey Plat or Improvement Surve~'Yrar,'t?nld' LTi~C it is iTOYto be relied upo r the establishment of fence, building, Dr other fuhlre improvement lines. I further certify that~the Irnprovemenls the above described parcel on this date, except utility connecllOns, ar0 entirely within lho buu ~daries of lho parcel, except as shown, lhA there are no encroachments upon the described premises by Improverrtenls t any adloining preml. s, except as Indicated~nd that ther© Is no apparent evidence or sign of any easement crossing or bard .Wing any par[ of said f aroel, excep\\~r;~ o~~I~ f~rbr~r /` "NOTICE: According la CoJOrado law yu mus! commence any I gal action lrz7~a jgty G/j~l~ ~tty this survey tvRhin three yna s alter you firs[ drscovor such dolert. In no event, play t1 ry acflon based upon eur dof©ct Lt`ttTT1l ~LinlG~j! r~h~eiJ more than ten years Kon the dale o/ Iho cerllficel/on shown hereon." ~ ~ ~ ' ~~~~ ~ . p ,1. E II is my Inlerprelaliwl Ihal the above described . ~ err `~, ce - - properly_[,r51~'~ - IogledwilliinalW ZJ2Cifl .o= year flood hazard boundary based on Fecler:tl %d„,, •"~ ~ ---~~ 9 . Z O cl Etx;Igertcy ManageRlerltf~er Flood 6lsury,>ce Robert F: Izo"c~l~t t9 'i ~+.. ~i tir~~2art M. Hayden, L.S. 272Gf3 Bale Maps Dated ~-y~3'~_ . ~ ' ~ir,'P~ _ ., ~' .~• 7500 West 29th Avenue -Wheat Ridge, Colorado The city of Telephone 303/ 237-6944 WlZeat Ridge September I3, 7995 This is to inform you that Case No. WA-95-29 which is a request for an approval of a 4'6" side yard setback variance on property zoned Residential-Three and located at 4000 Kendall Steet 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. September 28, 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 applicants 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" ~S r, '`~7 ~ ti ~~ W e 1~ ~ ~: ~ a o~ o ,~, ~ ' C ~ w ~ L! ~ v ry oa - ~~ri G Ls.1 ~~~ ~ ~~ <` 1 .T~. ~~ ~~ ~ C^^~ll ~_ W U ~ l~~r/~l`. ~ ~ V ti ~r.+J ss3auu v rvaiuea au Wivin eru Ol 3dOl3AN3 d0 dOl ltl U3NOLLS 30tl1d i1Ntl1HOdWl I o I o ' J € ~ N Q (~ o. W ~ ` r v W U a ' ~ 0 rn I \ LL I w P o ° - ~rao ~~ ' w ~~ ~ w ~ U] U ~' ~f (ti a.J ~ ~ - 6q2 4~0 ~ ~{ N ~ ~ ~~ ` r~..I iy V I~ ~ \ M ! ~ ~ ii I 2 W > Y~ ~r I U~ N Co LL w as ~ ~ ~~ i bb rlm W ~ ~~ o ~ ~: Feu « w ti ~ _ ~+ ~ w ~ ° r ~~~ ~ O ~ = v Z ~ ~ U ~ W (!J ~~~ ~ a N O m W 7 O = U p~j W N (7 ~ ^ W ~ ~+ 6 O S n 3 OSE E- - ~V P 912 4~1 952 3 w m S P 912 4~1 951 7] w 0 O m n m m n m m v D_ r w ,< ~ 4Y d ~ 40 IMPORTAM! 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Z L~ C _ _ 3 ~ ~ fll ~ y ° ~ ~ m ~ Q s~ a~ o ~ ° '< 37 m ~ a m a < f m °- _t ~ r . o ~W o-y ' ~' 'f7 p ~ m y~ ~ m ~ f7l r' a m ,. ~ y' o ~ ~ O u, o ~ ° ' `m ma w 6' ~ ~ ~ . x. g a m N m m P 912 401 94 m n m n W T O ~ ~ W ~ 0 o ~ ~' R `y~- i~ ~ ~ M t ~ ' « Q P 912 4~1 949 m n m v 1 0 n m '17 m v U1 ~ ~ ~~ ~ O ~ ~ ice: Je ~ A N K 4-+ fy+ ~ K n W 4a~ i '.. # ~.~ - _ 1 ~ 3 I~ . m ~ m m m 1 ~ ~ ~7 ~ ' m n I jj n v z ~ m -I ( it m " Z o 9 A Q Q aT ~ NC ~ ... C m O~ S i ~O `~ a - m a z ~n m ~ m C ~ L m CN , T9 ~ <y o I _ `` ~ l i 8 N A A am m m < m A m y ~ o ' of °o m ~ 'n uWio m o of m m o0 n m ~~ 0 O C 9m m Z Z y T m - oa y ~~ v W - O P j t„ Z f i I a I r 9 t ° l a --i ~~ IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OE RETURN ADDRESS, ~~ m 1 ' > o~~,~~o ~ ~md -6~~1 m k' }U D _ a-s: ~'c _S ~mm^ m ~ m ~ a -~~H I ~ ~ o A~^ ~~~ I I ~ 'F' a n9 m m3 W ' ' D y rt ~ a p D ~ Q ' ~ 21 m h 3 y E A y S ' °n~ _ $mQ fg N ~ CCO w~, N ~ amp PO m fI t-~ g a ° ~ t+ 'S' ~ i; ~' o ~n ~ ~md ~ - ,~ ~ ~ ~ j~0 S m ~ n Q C w t(f N m ~ O ' W °_F~5 3 ~~~ o `o° m y 'n ~ ~3a <~6 ~ ~~ ry 6 o 'o ~ a $ • ~ 3 J OJ V ~ Aa ~ p, - ° o y a 2 m ~ _. ~ ~ . m 0 1S7( ~ - _ ° - g --w- ~ s m rn w $• .g.••a m W £ m~~a p ~: ~ 3 to 3 BO 3 A ~. s'~~w 3 3n ' \ ~ W t$ 6p~~ ~mm ~~ ~ 9=~ ~u~ A~ D ~ D ~Q ply' a ..go aka ( 0 pa" / /~ ( ~ p^ g ( ~ N W~ u ~ ~ ~ £.~~ yMN O ~~`mN .... S Q!C ~rv d . m m ~ m'~'~m ~ Q ] ~ ~ a~O° c - Q V b/ =ao 'm m' - W ofd 3 ~~ O GAF D o roy F > m ° ~ > u ~3n ~ ° m ° ° m ` aa' Y ~ x C J Q .p S 3, n = a m ~ m ~ D _ D ~ ~ y ~ x ~ C7 '< ~ N Z A^ ~ 10 d m m Q ~7JD~o n ~ 7J --I r ~ o y ¢ = ~. o T~~~~ ~ ~N m ~, o 3~y a p y o m m ~ o a r L ° m a' m ~ . m ~ m K.~ m w m m m _ --.n.Rn}..- Apo CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: September 28, 1995 DATE PREPARED: September 20, 1995 CASE NO. & NAME: WA-95-29/Anderson CASE MANAGER: Sean McCartney ACTION REQUESTED: An application for the approval of a 4'-6" side yard setback variance to allow .a 26' X 26', two-car garage. LOCATION OF REQUEST: 4000 Kendall Street NAME & ADDRESS OF APPLICANT(S) David Anderson 4000 Kendall Street Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA:` 7,800 square feet PRESENT ZONING: Residential-Three PRESENT LAND USE: Residential Single Family SURROUNDING ZONING: W:, E: and S: Residential-Three, and N: Residential-Two. SURROUNDING LAND USE: N W;, E: and S: mixed multi-family and single- . family residential DATE PUBLISHED: September 8, 1995 DATE POSTED: September 13, 1995 DATED LEGAL NOTICES SENT: September 15, 1995. AGENCY CHECKLIST ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) ATTACHED ( )-NONE - ~ -- ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X%) CASE 'FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER NRISDICTION- __ - 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-9S-29 Page 2 I. REQUEST The applicant is requesting a 4'-6" side yard setback variance, to the required-5' sideyard setback requirement, to allow the construction of a 26' X 26' two-car garage. Approval of this request would place the proposed garage 6" from the .north property line. The subject site is located at 4000 Kendall Street, is approximately 7,800 square feet in area, and contains a 1,184 square foot residence.. The parcel is a -corner lot, .abutting both Kendall Street, to the west, and West 40th Avenue, to the south. Section 26-16 requires that-a detached garage or carport must be located atleast 30' from each public. right-of-way. But, because the existing residential structure has a 14'-7"..non-conforming ,setback from West 40th Street, any alteration or addition may be allowed, so as the addition does not increase the extent of the nonconforming setback by encroaching beyond the existing setback. line (section 26-7(D)(1)). Prior to this application, the applicant received a letter of approval, from the_Publ_c Services Company, U.S. West and TCI, to allow a two-car garage to encroach an existing 5' utility easement located at the north. of the property II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for. an adjustment: 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? It can be assumed that the property can yield a reasonable return in use if_-permitted to be used nnly under the conditions allowed by the regulations as the residence has existed and will remain on this property regardless of the required 5' side yard setback. 2. Is the plight of the owner do to unique circumstances? Yes. There is an existing mature elm tree (approximately 18" in diameter) which is located approximately 15' from the side property line, West-40th Ave, and approximately 40' from the rear property line. The location of this tree,_hinders the forward placement of the proposed garage; thus creating a need to locate the garage further from West 40th Ave (somewhere near the proposed location). 3. If the variation were granted, would it alter the essential character of the locality? No. The granting of this .variance would not alter the essential character of the local neighborhood, as various nearby residences have nonconforming setbacks (these .setbacks range from 10 feet for a garage at 3900 Kendall Street to 18 feet for a garage at 3860 Kendall Street),.. 4. Would the particular physical surrounding, shape or topographical 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? There are no-particular physical surroundings, shape or topographical conditions of the property that would result in 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? Yes. Anyone may apply for_the exact variance in any other instance, but the outcome may not be the same. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. The. purpose of this variance is not based exclusively upon the desire to make more money out of the property. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No hardship has been created by any person presently having an interest in the property. 8. Would the granting of the variance be detrimental to the public welfare or injurious to otherproperty or improvements in the neighborhood in which the property is located? No. The granting of this variance will not be injurious to other property or improvements in the neighborhood.... 9. Would the proposed variation impair the adequate supply of light and air to adjacent property orsubstantially increase the congestion is 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 development will not impair the adequate supply of light and_air_to adjacent properties; nor will it create congestion in the public streets. IV. STAFF CONCLUSIONS Staff feels that a proposal such as this would not create any undo hardship to the current residents of the neighborhood, nor would it increase the congestion of traffic. Staff also believes that the applicant could meet both the front yard and sideyard requirements if a 26' X 25' garage were proposed, a reduction of 1' in length (depth). CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT A G E N D A September 28, 1995 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on September 28, 1995, at 7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. CALL THE MEETING TO ORDER 2. APPROVE THE ORDER OF THE AGENDA 3. PUBLIC FORUM (this is the time for anyone to speak on any subject not appearing on the agenda). 4. PIIBLIC HEARING A. Case No. TUP- 5-8: An application by Chuck Perrotti for approval of a Temporary Use Permit to allow a used car- sales lot. Said property is zoned Planned Commercial Development and is located at 4775 Harlan Street. B. Case No. WA-95-28: An application by David Wilson for approval of a variance to allow a 2-yard dumpster. Said property is zoned Residential-Three and is located at 3870 Oak Street. C. Case N4. WA-95-29 : An. application by David and Roberta Anderson for approval of a 4'6" side-yard setback variance. -- Said property is zoned Residential-Three and located at 4000 Kendall Street. D. Case No WA-95-2b: An application by Robert Vance for approval of a 15' variance to the required 15' setback for property zoned Residential-Three and located at 3731-47 Yukon Court. 5. CLOSE THE PIIBLIC HEARING 6. OLD BIISINESS 7. NEW SIISINESS A. Approval of Minutes: August 28; 1995 8. ADJOIIRNMENT WSEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 28, 1995 Page 12 Board Member WALKER commented the applicant would need about 13 of these smaller trash receptacles and he felt that would be quite excessive. Board Member ABBOTT said he agreed, but it would be a matter of breaking the load up into small pieces and taking them through the snow down the driveway. Board Member ABBOTT continued saying he would not want to be the one wheeling the large dumpster down the driveway to the curb with the volume that the applicant is indicating. Board Member ABBOTT commented in the picture it looks like the driveway is on a hill and not really level, and Mr. Wilson said it is not that bad, just slightly tapered. No further questions were asked. Motion was made by Board Member ABBOTT,-that Case No. WA-95- 28, an application by David Wilson, be DENIED for the following reasons: 1. The City was made aware of this violation by a complaint. 2. The property is surrounded on all adjacent sides by residential uses therefore the effects of noise and neighborhood-disturbance would be considerable, the dumpster will be located within approximately 10-15' of the adjacent residential single family home and this would seem unreasonable and against the intent of the ordinance. 3. The hardship indicated is not sufficiently unique as to avoid the intent of the ordinance. 4. The proposed location would create a significant problems of access by the trash truck or by rolling the dumpster to the curb in the winter.. Motion for DENIAL carried by a vote of 5-2, with Board Members ECHELMEYER and HOWARD voting no. Resolution attao~~d. C. Case No. WA-95-29 An application by David and Roberta Anderson for approval of a 4'6" side yard setback variance. Said property is zoned Residential-Three and located at 4000 Kendall Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page 13 Board Member HOWARD questioned the non-conforming setbacks and asked what is non-conforming about them, and Mr. McCartney said within the required setbacks these do not meet conforming status. Board Member HOWARD asked what setbacks are we talking. _ about, and Mr. McCartney answered the front yard setbacks. Mr. McCartney explained further the setbacks and the request. Board Member ABBOTT asked if in the staff report he was saying staff felt the garage-could be pulled forward (to the south) without detriment to the tree, and Mr. McCartney replied yes. Board Member WALKER asked if we are looking at setbacks of 40th Avenue, and Mr. McCartney answered yes, and on a normal lot he would be required to-have 30' from 40th Avenue and 30' from Kendall Street. Because of this non-conforming setback established he can build up to that line if it were not for the tree: In a normal situation you must ,have 30' from both street frontages. Board Member HOWARD said then in reality he has a 60' lot and a 26' garage which leaves 34' to play with, and if he puts the garage 4' from the north property line he still meets the 30' setback requirement. Mr. McCartney replied if the applicant moved it 33.5' south he would still meet the 30' setback requirement; but he would have to shrink the garage in depth by 1' because it would still not meet the side yard setback. No further. questions were asked of.staff_, The applicant, David Anderson, 4000 Kendall Street, was sworn in. Board Member ECHELMEYER-asked the applicant if he lost any limbs off of the tree from the :snow -,storm, and Mr. Anderson answered one, and. said it is .a silver maple and a beautiful tree. Mr. Anderson said staff-feels moving the garage forward would not effect anything in one paragraph but in another it says the location of the tree hinders the forward placement of the proposed garage. So he was wondering why staff is saying two different things. The applicant said he does. not want to move the garage because he does not need 5 feet of dead area behind his garage. Mr. Anderson said he talked to his neighbor, and they don't care. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 28, 1995 -Page 14 Board Member ABBOTT wanted to know where the applicant came up with 26 feet,-and Mr__ Anderson said he actually through a number up in the air and then measured his lot to see if it would fit. His truck is 21' long and that will 1-eave him 5'; 2 1/2' in front and 2 1/2' in back. He could have made it 30' wide and 30'.long, but it does not fit there. If you move it 5' further you can see how it will change the driveway, and he has to have enough room to get into the garage. Board Member ABBOTT asked the applicant if he had anything from the neighbor to-the. north saying there is no objection, and Mr. Anderson said he does not, but he can bring something in at. any time. The neighbor did offer to .help him build the garage, so apparently he does not care.. Mr. Anderson commented on the nine criteria saying the size of this garage doesn't effect anybody or anything, but staff comes up with the conclusion that it should be changed, and he is not sure that is right either. Board Member HOVLAND stated the applicant was the one asking for change, as it is in the ordinance, and Mr. Anderson-said no, he asked for a proposal he did-not ask to change the proposal, he just made a proposal. Board Member HOVLAND said he made a proposal to change the ordinance, and Mr. Anderson said okay, he would go with that, but again staff is recommending a change to a proposal that he made when nothing is effected az_a11 according the their report. Mr. Anderson asked. why would staff propose something different when he could just go ahead with construction, when it effects nothing, how can anyone propose anything else. Why if he has the agreement with public service, cable, and the telephone company--what does the City have that they would ever put in that 5' easement. Board Member HOVLAND said it-has nothing to do with the City and Mr. McCartney added the easements are established by the utilities and cable companies, but the City has their regulations per zone district. Mr. Anderson said_he definitely feels by moving the garage forward and excavating that close to the tree will hurt it. And added anybody that comes out to the site and looks at it will feel the same way. Board Member ABBOTT said the general rule is to not encroach on the dripline of-the_tree (where the water drips off of the branches), and feels the applicant is obviously not WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page i5 within that dripline. Mr. Anderson said he will be way within the dripline, and pointed it .out on the slides. Board Member WALKER asked how far it the tree pruned underneath, and Mr. Anderson said it is not the kind of tree you prune up underneath; its a silver maple. Discussion followed regarding the size of the tree, and again Mr. Anderson. asked what would that 5 feet ever be used for. Board Member ECIiELMEYER said putting the garage right up to somebody else's property is not very good to do, and Mr. Anderson replied he feels that decision should be based on the homeowners discussing that amongst themselves and that is why you talk to your neighbors. Board Member AOVLAND added you don't always have the same neighbors, and IKr. Anderson said obviously when the house sells the people who buy it will see what is existing. Mr. Anderson said he could build the garage right out to the street almost without even coming before the Board. The applicant said he just wants to do what is right, and feels the garage looks good where it is proposed and that is why he proposed it. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-95- 29, an-application by David Anderson, be APPROVED for the following reasons:.. . 1, Alternative locations will have_a detrimental effect upon the existing silver maple tree.. 2. The homeowner immediately to the north and most effected by this variance has not filed a protest. Discussion followed regarding the 5' setback and how it relates to the ordinance's ideal to keep buildings separated from each other, and creating the 5' dead space between property line and structure. Board Member WALKER asked hypothetically what would happen if the neighbor behind wanted to build a garage right up to his property line, and Mr. McCartney answered that could not happen as the Uniform Building Code establishes at least 3' separation between buildings for fire safety. . Board Member ABBOTT added the following condition: 1. There will bs no openings on the north side of the garage. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page 16 Motion was seconded by Board Member WALRER. Motion for APPROVAL failed by a vote of 4-3 with Board Members ECHELMEYER, HOVLAND and HOWARD voting no. Resolution attached. D. Case No. WA-95-25: An application by Robert Vance for approval of a 15'.variance to the required 15' setback for property zoned Residential-Three and located at 3.731-47 Yukon Court. Susan E11is presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ABBOTT asked does the ordinance state dumpsters have to be set back 15' from any property line, and Ms. Ellis replied no, what the ordinance states is you can not , encroach into any sight distance triangle and no such enclosure shall displace required parking spaces. This particular parking lot is not set up like most parking lots because the parking stalls are accessed directly from 'the street. To state that they cannot encroach in the sight distance triangle, we would still be concerned-about the other parking spaces.- -Staff feels. there are some alternative locations. Board Member ECHELMEYER wanted to know how the du~pster from the deli got there,. and Ms. E11is answered the dumpster was there before the ordinance was in place so it is grandfathered. Board Member ECHELMEYER asked what would happen if the applicant moved their dumpster next to the deli's dumpster, the sight triangle would.be reduced, and Ms. Ellis agreed. She said the way the dumpster is placed now creates a sight obstruction for several .parking spots. A sign could be put up to say 'Back-in only', then someone could pull out forward to see around the enclosure. The applicant is asking for this variance because the dumpster enclosure has already been erected and it will prevent him from having to move it. Board Member ABBOTT stated he would request not to vote on this case because he has the same condition but the dumpster has not been enclosed nor has he been cited. Ms. Ellis said actually this case pertains to setbacks rather than residential requirements. Discussion followed and it was noted Board Member ABBOTT can participate with this case. CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretar-y 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 28th day of September 1995. CASE NO: WA-95-29 APPLICANT'S NAME: David and Roberta Anderson LOCATION: 4000 Kendall Street Upon motion by Board Member ABBOTT seconded by Board Member WALKER the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-29 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-95-29 , be and hereby is APPROVED. TYPE OF VARIANCE: A 4'6" side yard setback variance PURPOSE: To allow a two-car garage FOR THE FOLLOWING REASONS: 1. Alternative locations will have a detrimental effect upon the existing silver maple tree. 2. The homeowner immediately to the north and most effected by this variance has not filed a protest.. WITH THE FOLLOWING CONDITION: 1. There will be no openings on the north side of the garage. . VOTE: YES: Abbott, Junker, Rossillon and Walker NO: Echelmeyer, Hovland and Howard CASE NO. WA-95-29/RESOLUTION Page 2 DISPOSITION: Variance request denied by a vote of 4-3. DATED this 28th day of September, 1995. USAN JUNKER, hairman Board of Adj stment Mary u Chapla Se retary Board o Adjustment