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HomeMy WebLinkAboutWA-95-30The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development 8 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant~~~,i~9 ~/~/'er~ddress 3~~ /~i~'S Phone ~G~'7"%'~ /~fig72/~ ~r/j/~ddress z ,S~ X.~'~t/~~ Phone~~ y~/~ Owner - _ ~ Location -of request .3~~ ~ 3Syp y,G,~ ).s Type o£ action requested (check one or more of the actions listed below which pertain to your request.) - d Change of zone or zone conditions Site development plan-approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final [~** See attached procedural guide for specific requirements. ~~ / Detailed Dy~cription of request _~_ Variance/Waiver - Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME. ADDRESS PHONE ' . I certify that the information and exhibits herewith submitted are true and correct to the best o£ my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed-above,. without whose consent the requested action cannot=lawfully be accomplished. Applicants other than owners ~pust submit power-o£-attorney from th@--owner which approved of this ac~iofL ® his be M Signature of Applicant _ ...~, ._. - Subscribed and sworn to me this ]~ day of ~~_, 19 ~_ ,, SEAL My commission expires `j -a,~1-~~'1 Date-Received____ Receipt No. Case No. - . DEED OF' 'I'RUSrI' 'LO-0$$200-8 THIS DEED OF TRUST is made this...... 2n.d ................ day of..... Novtimbex:.......... „ g ,...RQAIAN.CNU..:[ANIR.O..ANn. MAR.I:A. J;ANZRU .....:.................. 19: 7•Z amon the Grantor (herein "Borrower"), the Public Trustee of Jefferson ...County (hcrcin "Trustee"), and the Beneficiary .... ......... FLR~T. FBR>aRA14. S.AVZ.NG~..AN?? , I;oAN..ASS.UCZATZUN..Qt'. RGN.v.GR ..., a corporation organized and existing under the laws nf.....the..Un.ite.d.States .............. whose address is.................. .. 2~$ . S.out.h. Wadswortlar • •1ral~ewoo d,• •Co1or•ado• • • • • • • • • • • • • • • (hcrcin "Lender"). Boaaowcu, in consideration of the indebtedness hcrcin recited :uul the trust hcrcin created, irrevocably grants and conveys to Trustee, in trust, with power oC sale, the following described property located in the County of ..........,7 of f; ~,rsoZ} .................... State of Colorado: /' A port for of: Lots 43 +n:d 44, OR'IOf~ I~liiL'IITS-SECCKC N1LIN6r described as follows; Beginning at thr D'urtheast. wrier of said Lot 44, thence South 89 degrees 32.:3' West along the C\orth tint of said Lot 44, a distance cf 55.16 feet to the Porth•,aest corner oL Enid Lot 44; thE~nce Korth 41 degrees 11.5' West aloe{Z tha Korthenstou:t~• lint uC sr,i,el Lo l' 43 a dist<rce of 25.40 feet; thence Suutl+ 48 d.,rrecs 41:.5' Wvvt. "313.11 .Feet; Chencr Routh 33 degrees 59.6' Wesl- 72.30 feet w the Suuthwtetcrt~ Line of said Lut 43; thet:ce along the South- westerly Line of said Lot 4'' and the Southerly line cf said Lot 44 a distance of 143.25 feet on a (:LLrVC c:hosc rndi.us is 164.92 Enet and wlwse chord tears South 65 degrees 03' EusL 138.79 feet; thence or a curve L'o the left whose radius is L4.9Q feet nud aLonl; the Southeasterly corner of said Lot 44 a distance o[ '?3.56 feet; ther.cc. Kurth 0 decrce•s 04.5' East along the East side cf said Lot 44 a distance of LOc1.95 feel- to the }oint ut be&inning. County,ot Jefferson, Sate oC Colurad~~. i •:"a•1 ^•,•. a 3$40 and 3 0 Lewis Street•,,,, ,,,,;,,,,,, wh.eatrit~ge.`.., which has the address of ............ ~ ~. • . • • • • • • • • • - tcnyl ' . , ` [Street] .. Co~o>'a(d0. $OU.33...... (herein "Property Address"); .,•;. ' , ; • [State end ZiP t%otlel _, ~ „ Toct>Tesrt with all the improvements now or hereafter erected on the property, and all casements, rights,' appurtenances, rents (subjd`ct however to the rights and authorities given herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replaccmcnts and additions thereto, shall be deemed [o be and remain a part of the property coccred by this Dced of Trust; and all of the foregoing, together with said property , (or the leasehold estate if this Dccd of Trust is on a leasehold) are herein referred to as the "Property"; r To Secvae to Lender (a) the repayment of the indebtedness evidenced by Borrower's note dated........:.. Noye}gl~er , 2,r, , x.9.27.... (herein "Note"), in the principal sum of.. ,SI7~'~X..T$DLISATIA. SI$... , ... , . HJJNAR$D. A~IA..N'b.~lU(1-r.-r----• ~----'• ~"• • • Dollars, with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on NQvembrnx, ,],~ , ,?t)0,2, , , . , . • . , . • .. , , ...; the payment of all other sums, with interest thereon, advanced "' in accordance herewith to protect the security of this Decd o[ Trust; and the performance of the covenants and agreements of Borrower herein contained; and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 2l hereof (herein "Future Advances"). Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and ';? convey the Property, that the Property is uncncumbcred, and that Borrower will warrant and defend generally the title f to the Property against all claims and demands, subject to any declarations, casements oy restrictions listed in a ; schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property, ' ~' ~ „ ~ ,°~ ~, COLORADO-1 to -0 Family-6/75-FBM~/FHLMG UNIFORM tNSTRUMENr `,• j ; ~,,'.,'.;,,' '+, ~ ~,';: ~;,`, ~0f.2~G. AL, ~1~'S4RIPrlah/ i c+~ L. a.a rvw s i~a c ~u ~a~i~rm,~ey, ~ rw~ 3'ai7~Y Sls L~t.M f~urnne • Suite 8 L:nyl~•:n:nnd, /:n1o. 801'10 ~ I C !.J 5 E S MT. S, '-- ¢3..' n ~~~ ~/ 3~ ~`g - / ~~ - - ^~ ~a[ ~ ~ ~~ b ; ~ ~a o J~ ~t 3850 ,y~ ~'c' 3 O ~ I {U ~ ! 5 rve y \ `~c9 ~ Z~j ° ~1 i +c ~ , ~ '~ / / ~' ~~~ / cS~ > `^. / ~ l h,~ t ~?S . ~.'' N b ~ T ~~.. / ' `~ ~ . ti :` :i :.. u•n_~cmo~,Ernr!y'+,..,.1_LICATIC•.N, (_1YxTIFiGATE „_., _.. ... .. 1 .I ~, is I •IEREBY GER'71FY THAT YHIR IlY1GLTGVEINEI~IT LOG/tT ~bl'U .^F.R71r++IGA7 CE~p W.45 MARE Rr M!E DR .~ *]N T4t15 oA-r E September 301 1977 .THE IML~t7Cl b'EMENY L1 N(]£q MYY pIREGT ?AUpEF*V if,31CtN GE g71FIGATE ~I ~.Y LUCATIUN 13 ki lL9 EU tiC9:]YQ FXtEiTINrs GL7N'fgUL A9 iS 6i f?4MN NEgEf]N, AND TN13 i IS.: NC)T 'TO 0E Y~1E L.lEO 4CCJN FC]Si TI•IE EH7Akl 1.i6 HSb1EN1' GIP FENQE, 6UILU iNG [7A AnIY Q1'N cOUNCS Ft1T URE tMPRC7 v'EMEM7 LIN4~5. 'L riF IMRi2Cf •IEM ENTS, EuGFr~T' UTILI7V bON NEGTibNS. ARE TC7 AE ENT•q@1..Y W~TH1N 1'9iE IES l7LlN GARIEF L7F THE f1R'; ".'i 4:q 1~EUt9ARGE ~L9V xNI C+Rf7VEMF,NT4W N. i FUg7HE g1'RCRE. THECIE Aq E. r<f.7 fNt;.Pt}A C.:H MENTr UPf„\I SAIL? ' FRCiM AN'Y AUJ[]Ini+NCl F'REM)fl.P15, l'.KG'F 1+T Afl 1Nn1C.ATIC U, AN(77HR_gE IS NO EVIbENGE Gq 1(IN t7 N/LE'CGC CiF EA-tyE^JIG Itf75 (:`fa !'1. [i l•i'"',i^ r7F°^ANi A"~ Uqa f?1U G4AIU PARG6L~ EXGEr!T AS NG7FU. f TN16 LF.:ATIF IGATIe''. d`+ tf7l fd L. 7]Ard Ca1.J 1=IPf.AS ES L7110.Y ANU ~`~ NI]T' IN7E N17EU TG E^3 T.4 ri L.15N 7HE i eouNioAl:v LINES ~-lx.~ rN~ ~.T„r' L~r:rJ ~ R/,ta[:.EL IANIRO (First Federal) ~ ,y t1. Fa L~uYER .zw^~G~szr.lu~•^.~'' 3540-3550 Lewis Street ~, +.t ,yam ~, A f] ('J t;l r: °::3: ' i ~;~.•. ~ 1. l w~. bqT E'.... .. ..., .,.. p 1 4. i. ~,Ye~ nr ^•aa ~ , yr ' /~/~ `~ ~'c4!% ks r,%i b~~ o' ~~~ ` ~~ ~8> i' 0 .~ /, ~~_ // i ~za ~~ ~ c~ ~ 5 o-Q,e y G ~~rcic ~ F~k~~ \`~'~ ~ , /` (gf~L~o. 35,t~ ~ ~ t o, 4 i ~ I i ~ ~ ~:' I ,,,-. ~~~ !; ~' °~'.h ~~~., s STS ~~ ~ 2~ °~ ~; ~ ~- `. b i~ o,. y 1~ O ~~~~ ~ WI ..__._..__.__-_...,...... .L]CATION CLT FiT IFICATE ^ "~' ~ _~ ' I HEREBY GER7:FY THAT 'r H15. IrJIPRUVC-MENT LOCA71O1'J ^EgTIFIC?7E W.4S MADk R9Y ME DR ~ UNf]ER MY DIRECT tl~UPE1caV IFSIG9N pN T.{I6 an'r E, September 30, 1977 .TME IMPg0'dEMENT 1 LOCAT!r]N B BO.Sff:D I.tPON E%1STING CONY'ROL A9 :Y li (?WN HEREON, AND THIS CE RTIF'IGATE 13 NOT 'TO BE gEL,l~EO UPON FOq TME kHTAF}t.ISH147ENT CJF FENCE, BUILDING OR ANY OTHER It FUTURE [MPROVEMEI{fY L.1 Ca lb S• 'CHE fMPgO NEMr?NTS, E?vGFP T' UTILITY CON N6CT1ONS• ARE FDUNO TO BE kNT~L7kL.Y WI'r HIN TfdE SOUNDAg1ES DF THE []q; a(:RIB(!D PARCEL„EXG6PT AIi' 4MUW N. FURTHE P'~vYCgE, THERE ARE. NO ENY_'RC}p GH MEN T4 UPC]`L LAID PA RCEL 'BY IMPROVEMENTS FROM ANY AOJ OININD F~REMIflF35, t. ": C:iE F+T A9 IN fa1G.LTKD, 4ND '?MERE 18 N0 HVIOECVCE 'OR {(Mi]W Lk CGE Dr- EASE^.1 &, nETi (]T+ !,:Dnt'[;4^rJF~'-WA'.' UPL7N SA1O PARCNLI EXCEL?T F,A!; NDT ED. ,~I THIS CL:PTIFIGAT'k'. {S i<OR LOAN C~IJRPf]S,ES ONLY 4ND v`.} NOT' IN7E NOED TO Et3TAB4I5H 7HE ' BDU hIDA.1:Y LINE6 :7}14' 7f{E BED' PF, f7f:EL IANIRO (First Federal ) .!y~~~•. Fih'F,ffj;C., 41UYER ~~ ;~„qo q n ~,a~R~,,;,, .3540-3550 Lewis Street .1 ..' ~.., s,..' .. ........ :. . . ' ~ ! l' . 1 DAT E~..., -~ ., ^::;:;.:.,._..._.... ogta r,w I,I d' 097-517 ra T{14:h X35.00 _...! .r._.___._,.__..._ .._~..,.._......_ ---......,_. ..._.. __J,._.~.----._._~_._-~._,_.__ . ~ Y :l.v (~ ~ ~ Ct~1,.~.17t1/[BINE SURVfcIfIPaFC3~GIVC.~ i 3!~t'71 4uuth t3ornns • Suitor O Engl~~:r:nnd, [%oto. 90910 I I i S 89° J ,, NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on October 28, 1995, at 7:30 p.m., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All . interested citizens are invited to speak a~ the public hearing or submit written comments. The following petitions shall be heard: 1. Case No. WA-95-30: An application by William Ianiro ;for the approval of a 25' side yard setback variance to allow a two- car garage on property zoned Residential-Two and located at: 3550-3540 Lewis Street. 2. Case No. WA-95-31: An application by Gerry Thompson for approval of a 1' rear yard setback variance to allow a 4' x 8' storage shed on an existing concrete pad for property zoned Residential-Two and located at 7273 W. 35th Place. 3. Case No• WA-95=32: An application by Earl Worming for the approval of a 5' lot width variance to the required 80' lot width, a 5' front yard setback variance to the required 30' setback, and a 15' side yard setback variance to the required 30' setback on property zoned Residential-Two and located at 6498 W. 30th Avenue Ma L u Chapla, Secretary Wanda Sang, City Clerk To be published: October 12, 1995 Jefferson Sentinel 7500 West 29th Avenue -Wheat Ridge, Colorado Telephone 3031 • ~ ~ The City of Wheat Ridge This is to inform you that Case No. WA-95-30 which is a request for an approval of a 25' side yard setback variance to allow atwo-car ~araae for a property located at 3550-3540 Lewis 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. October 26th, 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" ~>YYi\YY ,~t Cpl. ~ 'Q N I ~ o ~ i~~0 v JN 1 ~' ra. ..~ ~ 33~ y ~F~ G E ^ ~ 'ss3aaov ruaruaa do ~) ~Q f 013dO13~1N~d0d ll'I`Jla 3HL Q- m ~ ~ QL ltl t1331aLLS 3~+1d ~ ~,.~y W ~Q o G M ~' o 0 I ~~ a a ~ ~ w° ~p6E lJ. -°. 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C7 F w' 3 ° W _ ~m ~ ~ x ~~ d _ 1°a ~ m°~~ ~ ~~~ ~ 0 0 ~ $ 3 W V ~ ~ ~ 3' d D O 2 a ~ m ~ D ' :' t~F w o ~ = F,y m ~ = o ~ N S F O ' Z O ~ ~ ~ .~ r G y ^ ^ Ip N ~ N m' m m R1 36 T31D "o a ti m ~ m ~ m a d a ~ ~ ~, ~Y \ TI r O . < N o~ = w N m ~ •-~- m r ~ ~ " ~ ° lA ~ N .` ~>=o ~ m~ y ~' ~ NJ m O m op m a ~~ y Ty m ~ i ~ 9 `O _ 0 [ - W O 111 S m -~i z °o=~ j NF a N 0 c wo o{ m m oo s <o m o mn f z ~ Z 9' 7 N m n ~a :I I I I IMPORTANP. PLACE STICKER AT TOP OF ENVELOPE TO W A ~ ~ M 71 I °' ~ ~ m w ~ ~ ~ ~;- _ ~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF-MEETING: October 26, 1995 CASE N0. & NAME: WA-95-30 / Ianiro DATE PREPARED: October 26,19.95 CASE MANAGER: Sean McCartney ACTION REQUESTED: An application for the approval of a 25' side yard setback variance to allow a two-car garage. LOCATION OF REQUEST: 3550-3540 Lewis Street NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 13,680 square feet PRESENT ZONING: Residential-Two William Ianiro 3550-3540 Lewis Street Wheat Ridge, Colorado 80033 Maria Ianiro 3550-3540 Lewis Street Wheat Ridge, Colorado 80033 PRESENT LAND USE: Two-Family Dwelling SURROUNDING ZONING: N: S, E, W: Residential-Two SURROUNDING LAND USE: N: S, E,' W: Mixed Residential DATE PUBLISHED: October 5, 1995 DATE POSTED: October.ll, 1995 DATED LEGAL NOTICES SENT: October il, 1995 AGENCY CHECKLIST: ( ) RELATED CORRESPONDENCE: ( ~) ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS JURISDICTION: (XX) NOT REQUIRED ( ) NONE (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS ( ) OTHER 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-95-23 I. REQUEST Page 2 The applicant has applied for the approval of a 25' side yard setback variance to allow a two-car garage. The existing structure is a two-family dwelling, which currently has a two-car garage being shared. by the tenants. On the side of the property where the garage is proposed (the east side), there is an existing space the applicant has designated as parking for his boat and other vehicles. This is the location where the applicant would propose the two-car garage. On that same side (east), there is an additional 23'~ of land between -the applicant's property line and the asphalt of the street. This 23' of land is designated as public right-of-way, but is not currently developed with public improvements (such as curb, gutter and sidewalk). Staff would request that a hard-pack surface of asphalt or concrete be used as the surface of the driveway, and that driveway must extend to the asphalt of Lewis Street (a permit from the Public works department will be needed for the encroachment onto the public right-of-way). According to section 26-15 of the Wheat Ridge zoning code, structures located on a corner lot, thus abutting two public streets, shall have a minimum setback of 30'. .Also, structures located in the residential-two zone district are allowed to have. 1,000 square feet of detached garage per unit, and can have a maximum building coverage of 40~. The-site currently has no detached garage space and, with the proposed garage, will have 270 lot coverage. , 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? Yes. The two-family residential use will yield a reasonable return in use, service and income if permitted to be used under the regulated conditions. 2. Is the plight of the owner due to unique circumstances? ~ . Yes. Staff believes the lot is of irregular shape. 3. If the variance were granted, would it alter the essential character of _. the locality? No. The granting of the variance will not alter the essential character of the locality. 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? Yes. As explained above, the irregular shape, and quite possibly, the topographical condition of the lot might result in a particular hardship which would cause the need of a variance. 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. Any property owner may apply for the same type of variance, but the outcome may differ. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. The purpose of the variation is not based 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. There are no other persona presently having an interest in the property. 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 the variance would not be detrimental to the public's health, safety and welfare.- 9, would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public - safety or substantially diminish or impair property values within the neighborhood? No. The approval of this variance would not have any impact on the surrounding neighborhood. ~IV. STAFF CONCLUSIONS Staff concludes that the granting of this variance would not have a detrimental impact on the surrounding neighborhood. Staff believes that anytime outside storage is enclosed, it results in the enhancement of the neighborhood and offers architectural continuity between the structures. If this variance were granted, staff would offer the following recommendations: 1. The proposed structure should match the architectural features (brick,. roof slope, etc.) that are represented in the existing structure. 2. A hard-pack surface, cement or asphalt, must be installed as the driveway material, and extend to the asphalt street (a public service permit required). 3. A 5° separation must be kept between the proposed garage and the existing dwelling for purposes of fire prevention (section 5-A, Uniform Building Code) . 51 T~ ~s-N32~ID EVE--_____ ____ . ~1 OFF1 GI ~L r ' 'i 100-Yc<R FLOOD PLP1N ZONING MAP `-"' (APPROXIMATE LOGaTtODll WHET RIDGE ZONE DISTRICT HOUNDRY - PAROEL,LOT HOUNDR" GOLOR,hDO _ (DHSIG:NATEH O>~N`=RSHIP, ~•'~ CITY LIMIT LINE MiP ADOPTED: _kine I5, 1994 ---" IvATER FEATJRE Lasr Rersion: January 9, 1995 DENOTES MUL'lPLE ADDRESSES 5?A4M31T OF MNNIN6 MID ~B/30FM3If - 73x2852 n _~ d 1 ~~ ~~ O b :[O Yp KV SCALE I=app . ^ r..~ E WHEAT RIDGE BOARD OF ADJQSTMENT MINUTES OF MEETING: October 26, 1995 Page 11 Motion was made by Board Member ABBOTT, that Case No. WA-95- 32, an application by Earl Wonning, be DENIED-for the following reasons: 1. It appears that no other houses immediately adjacent have apparent encroachments of this magnitude... Therefore, it can be assumed the essential character of the neighborhood may be negatively impacted. 2. The owner has had the property for several years and.. used it as a horse property. They were-aware of the Denver Water Board easement and-therefore it can be assumed the property is salable in its present - condition_ 3. Testimony was provided that the original granter of the. easement did so with an understanding that the easement would likely prevent building on this site. 4. An owner of the-adjacent house has accomplished the task of running a gas-and water line under the-Denver Water Board. pipeline. 5. Adjacent homes are larger than that possible under the _- proposed request and this would negatively affect .the neighborhood. 6. A petition has been submitted with signatures of eleven __ adjacent property owners opposing this variance request. Motion was seconded by Board Member-ECHELMEYER. Discussion followed. Motion for denial carried 4-1, with Board Member WALKER voting no. Resolution-attached. A. Case No. WA-95-30: An. application by William Ianiro for the approval of a 25' side yard setback variance to allow a two- car garage on property zoned Residential-TWA and located at 3550:-3540 Lewis Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ABBOTT asked if the gas meters will be in the fire separation between the two structures, and Mr. McCartney answered yes. Board Member HOWARD asked why couldn't that garage be attached to the house, and Mr. McCartney answered it could - be, but the applicant decided to build detached garage does have the coverage allowed. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 26, 1995 Page 12 Board Member ABBOTT said the applicant would have to provide fire separation with those windows and they would not allow him to put the gas meters in the garage. He would have to either brick the windows up or make them into fire-_doors. Board Member ECHELMEYER questioned what was meant in the staff report about this enhancing the property as it would be different from anything else in the neighborhood, and Mr. McCartney replied it will do so by allowing the boat to be put inside and also eliminate outside storage. Board Member ECHELMEYER asked what would .prevent the applicant from pulling the boat in front of the garage once it is finished, and Mr. McCartney answered if he did that, it-would take away access for vehicles. Board-Member ECHELMEYER wanted to know if it would be a two- stall garage, and Mr. McCartney answered-yes, it will be a two-car garage and entrance will be from-Lee Street. Board Member WALKER said the garage at 32 feet would be within 10 feet of the front of the building, and Mr. McCartney replied-yes, the building is 42.8 feet and that is roughly 10 feet from the south corner. Board Member ABBOTT said he don't think the Board can use the cri-teria that enclosing outside storage will enhance the. property because it is just to weak of an issue. Mr. McCartney said s-toff is assuming that anytime outside storage is enclosed, it results in the enhancement of the-__ neighborhood and offers architectural 'continuity between the structures. Board Member ABBOTT asked staff if they would concur that there are a lot of. similar structures immediate adjacent and none of them have additional garage space, and Mr. McCartney said he did not take a survey of detached garages but would concur this is different. Board Member ECHELMEYER said the sketch of the garage is. out _ of proportion with the rest of the building, and Mr. McCartney replied this site plan would not be used as any professional use of determining scale. Discussion followed. _- Board Member HOWARD asked if the Board has to put in the motion that the applicant be in curb,-gutter and sidewalk and paving to Mr. Gidley answered that would•be a requir the building section of the Code of-Laws. this project-would be 90%-.greater than the the prerogative required to put the street, and sment imposed by If the cost of cost of curb, WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: October 26, 1995 Page 13 gutter and sidewalk associated with the property, then by law staff. could .require it, if it is less than that, then staff cannot. Mr. Gidley believes there is no rational relationship between curb, gutter-and sidewalk and the garage that is being proposed. Board Member HOWARD asked how wide is the asphalt on Lee Street,- and Mr. McCartney answered maybe 30 feet. Board. Member HOWARD asked if it was a 50 foot right-of-way, and Mr. McCartney replied it is 60 feet; with 23 feet to the _ asphalt. The survey does not show to the center-line of the street,-it shows only to the edge of the asphalt. No further questions were asked of staff. The applicant, William Ianiro,-3550 Lewis Street, was sworn in. He said the duplex that he lives in has single car garages for both sides while the other duplexes have double car garages on the tenant side, and single car garages on the other side. The garages are in the center, but his is designed differently due to the format of-the lot. Board Member WALKER asked if the existing garage has two 10- foot doors, and Mr. Ianiro yes. Board Member ABBOTT said he is troubled by the proposed garage coming within 5 feet of the property line and asked if he could shift that garage down toward.Lewis Street, thus opening up the distance between the garage corner and the street. Mr. Ianiro replied if the garage were to be shifted.. it would off-set the whole design of the house. Board Member ABBOTT asked what-about just sliding the garage down along ,the building line, and Mr. Ianiro aid he does not want to obstruct the view of the home in the front. Board Member ABBOTT felt it would be advantageous to move the garage back. and taking away the bulk from the front. The garage would actually appear smaller from Lee Street if the bulk were shifted to the rear from Lee Street. He feels there is an alternative location. Chairman HOVLAND said the front of the house is actually on Lewis Street, and added that Board. Member ABBOTT must have it turned around because _- 'his suggestion would be putting it closer to the front of- - the house. Mr. Ianiro said he is already encroaching quite a hit to the- front of the house and he dial not want to bring-the garage - up parallel because it would not-look right. - WHEAT RIDGE BOARD OF ADJ[JSTMENT MiNUTES OF MEETING: October 26, 1995 Page 14 Chairman HOVLAND commented the garage would be less obtrusive than having it xight up front. Chairman HOVLAND asked .the applicant if attaching-the garage to the house would be an option for him, and Mr. Ianiro answered unfortunately this is a duplex with owner-occupancy on one side and a tenant on the other. Board Member ABBOTT said the 32 foot dimension of the garage is also .much larger.than the standard two-car garage, and Mr. Ianiro said a 24 foot width would put'him more into the. encroachment rather than the 32 foot.- Board Member ABBOTT said if he.would__ build a 24' by 24' garage, the applicant would probably not be encroaching half of what he is now. Board Member ABBOTT continued saying by cutting the rear end of the garage by 12 feet would have a radical change in that setback. Board Member WALKER he put the garage i~ still being able .to answered having the the patio and deck, of the deck. asked the applicant what would happen if i the north portion of the backyard and enter from Lee Street, and Mr. Ianiro street access in the fence-line and with the garage would almost touch the back Chairman HOVLAND stated since the original structure is only set back 29. feet was it built before 1969, and Mr. McCartney replied-yes. Board Member ECHELMEYER said by going due north and then south from .the corner of .the house, the applicant has better than the 42 foot .width of the house to go to the back line of his property still leaving ample room for a 24' x 32' garage, free of the deck and still giving himself the 5 foot to the back line of the property and not needing a variance. Mr. Ianiro said if he did that there would be no backyard left whatsoever. There is yard there now, but the way the fence runs now, it is probably 30-35 feet from the patio.. Mr. Ianiro-thinks another problem would be accessing the driveway because he would have to build the fence line to close to the garage. Board. Member ECHELMEYER asked how-much income would he lose if he took over the, entire existing garage. Mr. Ianiro._ _-- answered he does not really know, the unit rents for $795 a month, and Board .Member ECHELMEYER suggested around $1200 a year. Mr. Ianiro said if he did that he would still not be able to park his boat or car there because the door is only . 7 feet. The ceiling is very low because the garage was . designed for a mid-size car only. 0 WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 26, 1995 Page 15 Board Member ECHELMEYER asked what windowed rooms border on the garage_to the east, and Mr. Ianiro said that would be the unfinished basement, the side he resides in basically has a finished basement. Board Member ECHELMEYER questioned_if the applicant thought the 5 foot brick wall from the proposed garage would slow down the renting of that unit, and Mr. Ianiro answered his intention is not to rent out that basement unit because it is not finished and it is now used for storage. He said __ this request is not monetary, the garage is for his own use to put .his boat and other vehicles in. Board Member ECHELMEYER asked the applicant if he was planning on following the same roof line as the house, and Mr. Ianiro said yes, both peak lines will run east and west. No further questions were asked of the applicant. Board Member ABBOTT said he wanted to preface his motion by commenting he feels the applicant's duplex is far above the average of what you would see at this kind of property. The duplex is very well kept with outstanding landscaping and he - feels it would be more than $100 a month the applicant would lose by taking the existing garage over. Motion was made by Board Member ABBOTT, that Case WA-95-30, an application by William Ianiro, be DENIED for the following reasons: - - 1. The hardship indicated would not seem sufficient to warrant a variance, of-this magnitude. 2. The rationale presented by, the applicant and staff-would not appear to indicate differences between this property and adjacent properties sufficient to preclude present arguments. 3. An alternative location would appear possible. 4. A double car garage of lesser dimensions would appear possible. Motion was seconded by Board Member WALKER. Motion for denial carried 5-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. ,Discussion of Case No. TUP-95-8. Mr. Gidley stated staff directed the applicant wrong and the case now will- _ be going on to Planning Commission and City Council. CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board 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 26th day-of October ,--1995. CASE NO: WA-95-30 APPLICANT'S NAME: William Ianiro LOCATION: 3540-3550 Lewis Street Upon motion by Board Member ABBOTT , seconded by Board Member WALKER -the following Resolution was stated. of WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-30 _, 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 NOT be granted without detriment to the public welfare and without substantially impairing the intent and purpose of .the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-95-30, be and hereby is DENIED. TYPE OF VARIANCE: A 25' front yard setback in an R-2 zone PURPOSE: To construct a two-car garage FOR THE FOLLOWING REASONS: 1. The hardship indicated would not seem sufficient to warrant a variance of this magnitude. 2. The rationale presented by the applicant and staff would not appear to indicate-differences between this property and adjacent properties sufficient to preclude present-arguments. 3. An alternative location would appear possible. 4. A double car garage of lesser dimensions would appear possible. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard and Walker NO: None DISPOSITION: Variance denied by a vote of 5-0. DATED this 26th ay o~ October, 1995. PAUL HO LAN , Vice hairman Mary Lc'u Ch pla, Sec etary Board of Adjustment Board o djustment