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Home My WebLink AboutWA-95-31The Cify of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rido~e Department of Planning 8nd Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant d' uure55 . ~ ~ti, ~~ ,-„------=~=~. Owner ,~ - /,Addres's -_ phone Q~ Q- ,~/ /I7 ~I'~~/ ~~7iL ~v -- ~2~irn - OJ~- yT~~ Location of request- ~ ~ ~ 6~7 O Type.of action-requested (check one or more of the actions listed below which pertain to your request.) d Change of zone or zone conditions Site -development-plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final [] ** See attached procedural guide -- for specific requirements. ~/ / 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 - -" - ~ .. .; ~. .,rte . _ __ 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 of my knowledge and that in filing this application, I am acting with the knowledge aril consent of those-'persons listed .above, without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owne must submit power-of-attorney from the owner which approved of this ac_'on on his be i .^ Signature of Applican vv~ ~+ "• -- _ -. K. ~ppscribed an sworn to me is ~D~day o 19 ,.,-,.'~ ~...~.' . l 9 `art ,r L ;f/~`~?'/~,,i-Jv --- - :.. Notary Public ~Q~ V~ ~%D -~E~' ~'' My commission expires _<n z : ~ - G~~ i, ~ i $~.@ Rece3,~ ~ ""GG~ Receipt No, ~°[ _ Case No. t _y - . F~~~~, RECEPTLf33~i Tdf3. 93t7 ?2B 20.00 ~' - ~2~COFtDE6 Itvt COP3ts(TY t~iF JEF~Ef2St71il STATE 6F ~I~Of~HDL3 4{t:12{qS pir::3tJ - r-_ J ~a The printed partia~ aC Nis form approved by p~V t'e ' , o Real Estate Commtsslon lTD 72A•g37 C.~ ~~~ IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACT[Ot~~ GAL COUNSEL. TNIS IS A LEGAL INSTRUMENT. IF NDT UNDERSTOOD, LEGAL, T Y~J)TNER COON.~~EI; S OI1~GrYE CONSULTED BEfORE SIGNING. JF'~FF~D ~SUST ~ zran r - SVict) o ~-~: THIS DEED OF TRUST is made this 26TH daygo~O i~fARCH , iq 93 ,between GERRY L. THOMPSON (Borrower), whose address is 7273 W. 35TH PLACE, WHEAT RIDGE. CO 80033 , and the Public Trustee of the County in which the Property (see paragraph I) is situated (Trustee); for the benefit of RUBY M. GIDDINGS 3630 VANCE STREET X205 (Lender), whose address is WHEAT RIDGE, CO 80033 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described properly located in the County of JEFFERSON ,State of Colorado: LOT 3, GIDDINGS -PARRY SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. h~^) I^ ~) ^I n ., ;iq , y ~ ~~~ ~~~~l~n ~q ~~ ~`~`~~ which has the address of 7273 W. 35TH PLACE , ts~ rn WHEAT RIDGE ,Colorado 80033 (City) Zip Code) (Property Address), together with all its appurtenances (Property). 2. Note; Other Obligations Secured.- This-Deed-of Tmst is given to-secure to Lender:-' -~~ -- -- -' - ' ' - - A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated MARCH 26 , l9 93 , in the principal sum of EIGHTY THOUSAND AND NO/100-------- U.S. Dollars, with interest on the unpaid principal balance from MARCH 26 , 19 93 ,until paid, a[ the rate of 8.0 percent per annum, with principal and interest payable at 3630 VANCE STREET 41205, WHEAT RIDGE, CO 80033 or such other place as the Lender may designate, in 12 payments of FIVE HUNDRED THIRTY-THREE AND 33/100------**INTEREST ONLY PAYMENTS** Dollars (U.S. S 549.44 INTEREST P~ on [he 1ST day of each MONTH beginning MA~r 1 , 19 43- ;such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not soonerpaid, the entire principal amount outstanding and accrued in[erestthereon,shatl be due and payable on APRIL 1 , 19 ~ ; B. the payment of all other sums, with interest thereon at 12.0 % per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservations and covenants, if any, as of this date and except NONE a. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's othercovenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. NO. TD 72-I1-83. DEED UP TRUgT IDue un lknnsCer-String ~~ Brndford Publishing, 1743 Wa,ee SL, Dever, CO 80202-(303) 292-2500-11-92 r• 1~ 03/25/93 $80. 93-3345 ~~;TTN: MORTGAGE CO. FEE JOBIS 7 J LAN D S U R V E Y I N G ADDRESS- 5460 WARD ROAD SUITE 160 BORROWERS NAME ARVADA, COLORADO 60002 (3031420-4788 ~ - LEGAL DESCRIPTION IMPROV ENT LOCATION CERTIFICATE ~~ OT 3 'PER CUCrvn ~GIDDINGS PARRY SUBDIVISION ,.~ COUNTI' OF JEFFERSO;V STATE OF COLORADO NORTH SCALE I' - 20' R NOTE: CONC. ENCROACHES INTO ESMT. AS SHOWN. n ~o~ LOT 3 ~ g ~~ 0 ry I 130.0' 5' ESMT. (PLAT) - -+- - in d ~~. F wI ti 5>a~fl M ---o 5' ESMT. (PLAT) 80.0' '-24.T ~3~' ti~ ~~ ~~~ ij~ ~0~~ 4~ I' ~ ' ~. 0 Ak/S' ~' ~ G ~~~ v, ~~; c o~~~ ~~ c`~ ~h• ~e~P ~~~ ~~,. ~`~ {~ I J ~ O H ~ F ~ W N m Public Service Wednesday, September 20, 1995 Plat No.: 3-2133-216 (32-1-69) Grid No.: 570/850 E Gerry L Thompson 7273 W. 35th Pl. Wheat Ridge, CO 80033 Dear Mr. Thompson: Public Service Company of Colorado 2701 W.7th Avenue Denver CO 80204-0114 Document I~To. 175787 Reference is made to your proposal to encroach into the five foot utility easement along the west side ofyour property, being Lot 3, Giddings Parry Subdivision, City of Wheat Ridge, Jefferson County, Colorado (known and numbered as 7273 W. 35th PI.). Please be advised that we have reviewed this request at the site and that we have no objections to the shed encroaching into the utility easement along the west side ofyour property. You aze further advised that all risk and responsibility for this encroachment are unilaterally that of the property owner. An additional copy of this letter is enclosed for the city. Sincerely, Paul Kellogg, PL ,Land Rights Agent ~~ ~~ for and on behalf of Public Service Company of Colorado Enc. TranSystems Engineers & Planners,LLC Treneportetbn • CFAI.3tnicturel • EtMremrenEel October 19, 1995 Mr. Shawn McCartney City of Wheat Ridge Planning 7500 W. 29th Avenue Wheat Ridge, Colorado 80215 RE: 7273 W. 35th Pl. Dear Mr. McCartney: 7800 East Union Avenue • Sulte 500 • Denver, I Telephone (303) 710-8900 • fax In our capacity as engineers for the Wheat Ridge Sanitation District, we aze writing at your request to confirm for Mr. Gerry Thompson, that the District does not have nor does it anticipate needing an easement along the south property line of the above referenced address. If you have any questions in this regazd, please call us. Very truly yours, ~ranSy s Engineers & Planners, LLC ~~~~ William K. Brown, P.E. Engineer for the Wheat Ridge Sanitation District Wheat Ridge Water District F.O. BOX 37 - 6827 W. 38TH AVENUE WHEAT RIDGL-, COLORADO 80034-0037 PHONE (303) 424-2844 FAX (303) 423-9462 DSRECTORS GEORGE LOKMER FRANK ST1'CFS SAN]ES MALONE PAT GARRITY CLARENCE DEGINHART October 19, 1995 Mr. Gerry Thompson 7273 West 35th Place Wheat Ridge, Colo. 80033 Dear Mr. Thompson, After reviewing the request for encroachment on the utility easement in 35th Pl. The Wheat Ridge Water District does not object at this time. However if the need arises to do water line replacement, repair or maintenance we reserve the right to utilize the easement as it was originally assigned. `jRlefsp`e~/,ctful~ly, W~a~e~ P~e~tt~ t, Manager Wheat Ridge Water District NOTICE OF PIIBLIC 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 at 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- 5-31: 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 ~c~~o~.~ ~~ n Ma L u Chapla, Secretary Wanda Sang, City Clerk To be published: October 12, 1995 Jefferson Sentinel P.O. [IO%fi78 TELEPHONE 373277.69ff TGe G(y o/ 75D0 wE57 23TH AVENUE . Wt1EA7 n10GE. COL0f7A00 8a97i wheat `Ridge POSTING CERTIFICATION CASE N0. ~t/~~~J '~~ PLANNING COMMISSION- CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I , ,~/~ ~~ residing at ~~~ j ~~ ~~ ~ e~-["~ ~ ( a d d r e s s) as the applicant for Case No. ~(/ ~ "l~r'3~_, hereby certify that I have posted the Notice of Public Hearing at ( l o c a d o n~ ) on this day of , 198 and do hereby certify that said sign has been posted and remained in place far 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. NOTE: This form must be submit ed at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. M A P ~'_,n, 7500 West 29th Avenue -Wheat Ridge, Colorado The Cify of Telephone 303 - • ~ ~ Wheat Ridge This is to inform you that Case No. WA-95-31 which is a request for an approval of a 1' rear yard setback variance to allow a 4' X 8' storage shed on an existing concrete pad for a property located at 7273 West 35th 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" 1tF a CV in ~ 0 ,~ N } ~'-- U r_ Cd O r U ~ rl m t 9 I i 4 0 1=~ ~~ ,W no a m~~ w ~ ~ ~ r~ w 0 L~ ~~ Z w o ~a w O aO = U N (y ~ O W 3Q o w x n 3 i N G :~ ow m¢ sssaaavrler 71~L' , 013d0~3/W3 d0 d01 t w 0 0 ma z o W' s W Q O € U N0. °c`- ~ 7JM ~ zr- w ¢ta. o szi ~ _ _ ~ ~ 1 1 M ~ . u' ~ 2 2 ~. w ~" 5 w ! w a`CB `COh 2'C6 d t3 J u w + ,`~ w ~ o n U ~ 3~tl'ld i1Ntl1liOdWl ~ ~+ ~ ~ ~ ~ ~,. .Se 6 ~ f t 'Y M 4B ah E3 ~ ~ u' ~° ^~ ~a ~ ~ y W y ~~ V / `Y if ~ ~. Y f , {~ p ${ ? 'y y 0O W W J_ Q g W LL_ H w U a w U w Q 1 C~ Q 1) w yl+1r a _. J ~_ P 3_-` ~ i P 912 401 809 m mmm ~ ~ m T7 9 Z (~ ~ Z ~ m ~ fsr :~ ~ ~. r~ m ~s ~ ~ " n 6 ~ .e, ,a. z ~ ~ aF I P 912 40 1 8 11 ~ m m m m m s T -zi m -~+ z ~ ,~, O W r• ~ G' zi ° r/r0 n "~ `~ o ~ W Y- CE r$ m ° 7 ~ ~ ~ an z m co } m t-+ tt C5 N a g I a m ~ , ~ ~ m ~ ~ < 70 '-' ~z ~- _ a a~ m t}; tte i-+ ~ ca m ~? ~ v ~^' 1 w \ ~ n i m 1 o ~ . a ~ ~ r Q i m~ IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. ~' g .art=c-~~~-.a ~ ~ - O 3 Ca m - ~ I _ 41 Q m C~ D mti~D`<9CUf (]2 o`~~"~_3nm m m°m ~ -a D~=' ~' ~ ,mow ~J' h} a " j ~ ~ .,: -t y SAO ~y~ 11 ~~• Chi'. ~ ~ a T=_ °5° 7 ~Yw+~ ry O ~ CD ~ n ~a p M it NQO Y` p~ ~~y £m] y~~N f mD R 41' fl oo,g ~ a N i'~' Q ~ ~ `~ 1 .-. ~ d q L. al~'~'~~~,;~~I ~ ~~ .< P 912 401 813 m m m om ~ m c ~ ~ ~v .y ~}"` s~yc -I m y~ C 6 Y^W £4: -I O 4 ~ ~ LJ 67 "J '~ ~ ~ M ".3 o ~ n ~ t$ ~ " gx o R to yt ¢• ' 2 ~ ° S m _ r _ ~ O p 1 ~ ~ a m °m~ 1 -_ 1 la! 1. ~ ( i S q m T P 912 401 812 ~ CA m m m ~ (I7 ~ m c z - ~ 'fit 9.. ~ ~ -I m ~ W ~ ~ ~ ~ O t Jt ~ ~ O ~ ~" o ~ gi o r° ~ s Y. ~, ~ c o r ~ H c i ' :w f~+ C1' N o a ~~ LP ~ i4 w ~ 0 ~ ~~ m m t ~.° 8` ' ~ ~ g m zo ~~ Y €! o m n ~ y a Nml M ~ y \ : Fm ' - ~ v ~ A ~~ a m tr c a <~ m ~ ~ ffi °. ~ + ~ w I 1 ~ ~ o ~ l m T O H 3 a ~_ r ~ °s a y m !I IMPORTANT. PLACE STICKER AT 70P O F ENVELOPE 70 t -s _ T THE RIGHT OF RETURN A DDRESS . __ E _'_~_ a ~ U o .~__~ ~ L-` L j I ~.. _ ~ m m ~-~_ ~-'. m ~_ - _ ~~ w n.. - ..v D 3 m my~y~, n~2 or ~ ~~ " ^ a -aoa .~#y ey. ~ m~ . m =a" R?i+~ ~ S m~ ~ 0 v`. t 9 k , ~ y ~ 4 W ~ ~~~ mwr3i. ~ ~ M } y q 6 Va W ~' 9p0 ~~~ q 1~ WWW y~ {~ y W ~ ~) _ Q 0 D~ ¢ YO ~ ; ~ g.2 rtA ado ~ a ~ L.) ~ ~ o - _c, g (~ 3 a' ~ - ..' e ~~ ~„ ~ o wa ~ o - ."' xi ~ .7 'u m o y ' ~ ~ ~ _ o~' LAA _ F m o 3 ys' X33° o , 03=' _ _ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: Board of Adjustment DATE OF MEETING: October 26, 1995 DATE PREPARED: October 26,1995 CASE NO. & NAME: WA-95-31 / Thompson CASE MANAGER: Sean McCartney ACTSON REQUESTED: An application for approval of a 1' rear yard setback variance_to.allow a 4' X 8' storage shed on an existing concrete pad. LOCATION OF REQUEST: 7273 W.35th Place NAME & ADDRESS OF APPLICANT(S) NAME-& ADDRESS OF OWNER(S) APPROXIMATE AREA: 12090 square feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Single-Family Gerry Thompson 7273 W. 35th Place - Wheat Ridge, Colorado 80033 Same SURROUNDING ZONING: N and W:, Residential-Three, E and S: Residential-Two SURROUNDING LAND USE: N and W: Multi-Family, E and S: Mixed Residential DATE PUBLISHED: October 5, 1995 DATE POSTED: October 11, 1995 DATED LEGAL NOTICES SENT: October 11, 1995 AGENCY-CHECXLIST: ( ) 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 heen met, therefore,. there is jurisdiction to hear this case. I. REQUEST The applicant is requesting the approval of a 1' rear yard setback variance to allow a 4' X 8' storage shed on an existing concrete pad. The .proposed shed is located approximately 5' from the applicant's existing 10' X 12' shed. Within the Residential-Two zone district, property owners are allowed 400 square-feet of private shed space. 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 single-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? No. The plight of the owner is not due to unique circumstances. 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? No. There are no hardship's involved in this case. 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 persons 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 criteria do not support approval of this variance,. however there will be no detrimental impacts to the neighborhood barring the approval of this variance. The proposed shed is already built and was designed to match the existing lo' X 12' shed that,is adjacent to it's location. Staff. would recommend that if the board grants this variance, the owner present- letters from each utility having interest in the encroached easement, approving of the encroachment, prior to a building permit being issued.- SITE OFFIGI~L ZONING MAP WHET RIDGE GOLORt~DO MAP ADOPTED: June 15, 1994 Last Re~sion~ January I2. 1995 ZONE DISTRIG? BOUNDRY - PARC~iLO? aouNDRr (DESIGNATES OWNERSHIPI • DENOTES MULTIPLE ADDRESSES ~~ ~~ -°`"'~„_ o so no ax goo SCALE I'~ 73'ARiM~T 0.° PVdR9NG h^ID DEVEP'~ -735-]05: } WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 26, 1995 Page 2 2. APPROVAL OF THE AGENDA The applicant for Case No: WA-95-30 was not present at this time so Mr. McCartney asked to have this case moved to the last item on the agenda. Motion was made by Board Member HOWARD seconded by Board Member ECHELMEYER, that the agenda be approved as amended.- Motion carried 5-0. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. - 4. PUBLIC HEARING A-_- 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 oa an existing concrete pad for property zoned Residential-Two-and located at 7273 W. 35th Place: Sean McCartney presented-the staff report. All pertinenC documents were entered into record which Vice Chairman HOVLAND accepted.-- -- Board Member HOWARD stated this shed was erected without a building permit so asked if we knew when the slab. was laid, and Mr. McCartney replied no. -The house was. erected sometime in the 50's, and maybe the applicant can answer . this more clearly. Board Member HOWARD asked if there .was a complaint filed, and Mr. McCartney said he believes it was brought in as a 'stop work order' from the building department. Board Member ECHELMEYER asked if a building permit is necessary for a shed this size, and Mr. McCartney answered _ yes. Board Member ECHELMEYER asked aren't they building these pre=fabricated sheds on lots all over town independent- of a building permit, and again Mr. McCartney answered no, we do require a building permit for all sheds. Board Member ABBOTT said the applicant has not gone over-the square footage he is allowed, even adding the two sheds - together. The applicant had a non-conforming existing structure and then later-added on to it. Mr. McCartney agreed saying the applicant got a permit for the larger shed. but did not get a permit when he added on to it. WHEAT RIDGE BOARD OF ADJQSTMENT MINUTES OF MEETING: October 26, 1995 Page_3 Board Member ABBOTT asked when staff said he enlarged over 50%, would that be the height and cubic feet or just where did he get a bigger shed,-and Mr. McCartney answered that would be in cubic feet. Mr. McCartney added the applicant needed a building permit once the shed was altered. Board Member HOWARD asked it the applicant altered the smaller shed, and Mr. McCartney answered yes. Board Member HOWARD asked if the alteration involved tearing down the old shed, and Mr. McCartney said not Completely tearing it down, but modifying or changing it and taking down deteriorating wood and putting on new wood. Board Member HOWARD asked if there is any approximation on what size slab it is setting on, and Mr. McCartney said it is about a 8' x 4' slab. No further questions were. asked of staff The applicant, Gerry Thompson, 7273 W. 35th Avenue, was sworn in. Mr. Thompson said the existing slab has-been on the property since the 50's.- The wind destroyed part of the shed so he repaired it and went ahead and raised it up four feet and put a roof on. He did not know a permit or a variance was needed. Mr. Thompson continued saying the Morningside apartments built their fence 3 1/2 feet in on his side of-his property. He feels the shed is well built and looks a lot better than it did. Board Member ABBOTT asked if he. looked at this as more of a repair,- and Mr. Thompson said yes and also said he wants to landscape the whole area. Board Member WALKER stated since the .apartment fence is 3 1/2 feet. in on the property and the applicant is 1 foot into the easement, there is not much easement space left. He asked the applicant how far is his shed from the fence now, and Mr. Thompson replied almost four .feet. He said. the fence was put there first (before he moved there), but was put in the wrong place.. Board Member HOWARD asl~ed approximately how far-away is the closest building. of Morningside from his property line, and Mr. Thompson replied about 1/2 a block. Board Member WALKER asked if the garages are between his property and Morningside's first apartment building, and Mr. Thompson replied no, the garages line up more to the left. } WHEAT RIDGE BOARD OF ADJfTSTMENT MINIITES OF MEETING: October 26, 1995 Page 4 No further questions were asked of the applicant. Peter Bruno, 7260 W. 35th Avenue, was sworn in. Mr. Bruno-_ has lived in the area for 35 years. He is in favor of this request and feels it is an improvement to the property. The sheds do not interfere with anything and will not affect anything. __ No questions were asked of Mr. Bruno. Motion was made. by Board Member ABBOTT, that Case No. WA-95- 31, an application by Gerry Thompson, be APPROVED for the following reasons: 1. The shed was built on top of an existing non-conforming shed and was considered to be a repair by the applicant. The square footage of the shed remains the same, only the cubic footage was increased. 2.. The total square footage of the two sheds do not exceed the allowable. 3. The adjacent residential property is well over 100 feet away from the- shed in question. - - 4. The granting of this variance will not alter the .essential character of the locality and not be detrimental to the public's health, safety, and welfare. With the following condition: 1. The owner must present letters from each utility having interest in the encroached easement approving of the. -- request prior to a building permit being issued. Motion-was seconded by Board Member WALKER. Motion carried - 5-0. Resolution attached. C. Case N4, WA-95-32: An application by Earl Worming for , approval of a 5' front yard setback variance to the required 30' setback, and a 1'S' side yard setback variance to the - required 30' setback on property zoned Residential-Two and located at 6498 W. 30th Avenue. Sean McCartney presented the staff report.- All pertinent documents were entered into record which vice Chairman- HOVLAND accepted. Board Member ECHELMEYER said west of Marshal 1. there is a relativeiy brand new home and setting to the south of that is a very old house and asked aren't they are encroaching on this easement if it meets this diagonal, and Mr. McCartney replied he does not know. ., CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary tb 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 26th day of October , 1995. CASE NO: WA-95-31 APPLICANT'S NAME: Gerry Thompson LOCATION: 7273 W. 35th Place 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. I Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-31 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-95-31 , be and hereby is APPROVED. TYPE OF VARIANCE: A 1' rear yard setback variance PURPOSE: To allow a 4'. X 8' storage shed FOR THE FOLLOWING REASONS: 1. The shed was built. on top of an existing non-conforming shed and was considered to be a repair by the applicant. The square footage of the shed remains the same, only the cubic footage was increased. 2. The total square footage of- the two sheds do not exceed the allowable. 3. The adjacent residential property is well over 100 feet-away from the shed in question. 4: The granting of this variance will not alter-the essential character-of the locality and not be detrimental to the public's health, safety, and welfare. ~l WITH THE FOLLOWING CONDITION: 1. The owner must present letters from each utility having interest in the encroached easement approving of the request prior to a building permit being issued. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard and Walker Nox None DISPOSITION: Variance granted by a vote of 5-0. DATED this 26th day of tober, 1995. __ /~ ~ ~ ~ i U f" ~ ~ ~~ ®._. A HOVLAND, Vice Chairman Mary L u Chapla, Sec etary Board of Adjustment Board o adjustment