HomeMy WebLinkAboutWA-95-32The City of - -
~1Vheat ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
t~ 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ~~L DNrVltYG_ Address ~ ` p(' T/~~j 1/.L Phone ~3~ 9~?~
'_/ Lq ,F~.w-~-o~P $b2-/J
Owner ~A r~L VYQ/~Il1f(l~lG- Address Phone
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Location of request' (o !' / d _ ~/y ~~"/.~ ~l~-e ~-S~ `'°t'~. -~d#~. f~'(hlbtl~lC(
Type of aotion requested (check one or more of the__actions listed below -
which pertain to your request.)
Change°of crone 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
Final Solid waste landfill/
^ ** See attached procedural guide mineral extraction permit
for specific requireti7,gnts. ^ Other
~~// ~ ~~
Detailed Description of request' .~~QyFSi Lyf}It/rL1L oN ~I.h,,,,,~,,,~ ~ ~7o7S
IK O l ~~ 0
List all persons and companies wlio hold an interest in the described real
property, as owner, mortgagee, lessee-,-optionee;"etc.
NAME ADDRESS ~, PHONE r-~
L ~ t .7"uorrN C ws~nlw nt~ /!~~ /~T .f2 23~=~Id`~
I certify that the information and exhibits herewith submitted are true-and
correct to .the best of my knowledge and that in filing this application, I
am acting-with the knowledge and consent of-those persons listed above, --
without whose consent the requested actiora cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney-from the owner
which approved of this action on his e~jh~alf.
Signature of Applicant /G'~C.G~-~.
Subscribed and sworn to me this ~ day of 19 ~_ _
~. ~
' ` Notary i~ublic
SEAL _ ~~
My commission expires ~ - ~-
Date Received Receipt No. Case No
~•
~i
RECEPTION NO. F00108b8 6.15-
744 RECORDED IN JEFFERSON COUNTY, COLORADO
WARRANTY DEED
THIS DEED, Made on January 26, 1995
between Jay D. Britton
of the ~ County of JEFFERSON '-- and
State of COLORADO - _ -- - . -- ,grantor, and
Judith C. Worming and Earl R_ WOnning
PG: 0002-001
1/30/95 13:00
whose legal address is 1980 Taft Drive
Lakewood, CO 80215
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of the County of JEFFERSON and State of COLORADO grartees:
'WITNESS, That the grantor, for and is consideration of the sum of ($11, 5 00.00 - ) -
Eleven thousand five hundred dollars and no cents- DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has granted, baggained, sold and wnveyed, and by these presents does
grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy,
all the real properly, together with improvements, if any, situate, lying and being in the County of
Jefferson ~ and State of Colorado, described as follows:
LOT 1, BLAIR SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO.
as known by street and number as: VACANT LAND
Wheat Ridge, CO
TOGETHER with all and singulaz the hrseditamen[s and appurtenances thereunto belonging, of in anywise appertaining and the
reversion and reversions, remainder and remainders, rents, issues and profits [hereof, and all the estate, right, title, interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurienances.
TO HAVE AND TO HOLD the said premises above baggained and described, with the appurtenances, unto the grantees, their heirs
and assigns forever. Aad the grantor, for himself, his heirs, and personal representatives, does wvenant, grant, bargain, and agcee to and
with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, had good, sure, peBect, absolute and indefeasible estate of inheritance, in ]aw, in fee simple, and has good right, full
power and lawful authority to grant, bazgain, sell and convey the same in manner and form aforesaid, and that the same are frce and clear
from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
soever, except taxes for the current year .and subsequent years, and except easements,
restrictions, reservations, rights of way and covenants of record, if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof.
The singulaz number shall include the plural, the plural the singulaz ,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. '
-~Jay:..D. -Britto -
cc~.. ~..~.,.«_..__........ ,
STATE OF Colorado
County of JEFFERSON
SS.
The foregoing instmment was acknowledged before me this
by Jay D. Br It ton _tiltllt~
r~`o~~C
~~`~
26th ~ day of JANUARY
Witness my hand and official seal.
,ivfy Commission expires Sept
JOHNNII9 FI
1995 ,
0, 1996
No. 921A. Rev. 3-85 Warranty Deed(To Joint Tenants)
Y~ ~Cr ~~~ ~ , SD ~~
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LAIR S UP~DI~/ISION v~;j.,~,~
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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:
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 Wonning 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 --
o a~6`i C~O,~~
Mary L u Chapla, Secretary
Wanda Sang, City Clerk
To be published: October 12, 1995
Jefferson Sentinel
.~ ..
7500 West 29th Avenue -Wheat Ridge, Colorado The city of
Telephone 303/ • • ~ Wheat
Ridge
This is to inform you that Case No. WA-95-32 which is a request for an aparoval 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' sideyard setback variance to the required 30' setback for
a property located at 6498 West 30th Avenue will be heard by the Wheat Ridge BOARD
OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th
Avenue at 7:30 p.m., on 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 plaris, please contact the Planning
Division. Thank You.
PLANNING DIVISION
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
T0: Board bf Adjustment
DATE OF MEETING: October 26, 1995 ~ ~~. DATE PREPARED: October 17,1995
CASE NO: & NAME: WA-95-32 / Wonning CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application for the approval of a 5' front yard setback
variance to the required 30' front yard setback, and a 15',side yard setback
variance to the required 30' side yard setback.
LOCATION OF REQUEST: 6498 West 30th Avenue
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA: 11,865 square feet
PRESENT ZONING: Residential-Two
PRESENT LAND USE: Vacant
Earl Wonning
1980 Taft Drive .
Lakewood, Colorado 80215
Same
SURROUNDING ZONING: N: Residential-one, W: Residential-One Cee,
E: Residential-One, and S: Residential-Two
SURROUNDING LAND USE: N, W, and__S: single-family residential: E: Vacant
DATE PUBLISHED:
October 5, 1995
DATE POSTED: October 11, 1995,
DATED LEGAL NOTICES SENT: October 11, 1995
AGENCY CHECRLIST: ( )
RELATED CORRESPONDENCE: ( )
ENTER INTO RECORD- _
( ) COMPREHENSIVE PLAN....
(XX) ZONING ORDINANCE
( ) SUBDIVISION REGULATIONS
(XX) NOT REQUIRED
( ) NONE
(XX) CASE FILE & PACKET MATERIALS
(XX) EXHIBITS
( ) OTHER
JURISDICTION: ___
The property is within the City of Wheat Ridge, and-all notification and
posting requirements have been met, therefore, there is jurisdiction to hear
this case.
Board of Adjustment Staff Report
Case No. WA-95-23
I. REQIIEST
Page 2
The applicant is requesting for the approval of TWO separate variances:
5' front yard setback variance to the 30' front yard setback requirement, and
a 15' side yard setback variance to the 30' side yard setback variance. The
applicant is proposing to develop a residential dwelling within the adjusted
1950 square foot buildable envelope which would be created if approval were
granted..
The site currently exists on the south east corner of West 30th Avenue and
Marshall Court. The site,. which is approximately 75' in length along West 30th
Avenue (north)-, 131'_in depth along Marshall Court (west), 182' on depth on the
east and 80' in length to the south, has a 60' Denver Water Board easement
running diagonally through the center of the site. Current setback regulations
for structures built in the residential-two zone district request a 30' front
yard setback, 30' side yard setback for the west property line (for a corner
lot), a 5' side yard setback on the east, and a 5` rear yard setback.
The applicant approached staff stating that because the easement is located
approximately 39' from the front property line on the east, and approximately
69' from the front property line on the west, a buildable envelope of only
835.6 square feet. Staff then suggested the applicant should build a structure
in the rear portion of the property, where an existing shed now stands- The
applicant replied that he had already proposed that idea to the Denver Water
Board and learned that for a sewer line to cross the easement, to tap into the
sewer main on West 30th, it would have to be placed beneath the existing 5'
water conduit, which currently rests at 3 1/2' below existing grade.
The applicant also learned .that a license of encroachment would need to be
obtained to allow a structure within the easement. This license would allow
a structure to encroach the easement approximately 1', a gain of 65 square
feet __
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?
No. Although, because of the current .conditions, the applicant is left with
an irregular shaped and exceptionally small building envelope.
Is the plight of the owner due to unique circumstances?
Yes. Staff believes that the 60' easement, which diagonally-bisects the
property, serves as a unique circumstance.
Board of Adjustment Staff Report
Case No. WA-95-23
Page 3
3. If the variance were granted, would it alter the essential character of
the locality?
No. The property currently exists in a residential-two zone district, which
allows the development of single-family and two-family (duplex) dwellings.
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. The water easement which diagonally-bisects the property serves the
applicant as_a particular hardship, creating an irregularly shaped and small
building envelope.
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?
No, because it is unusual and unique that such a large easement would bisect
similar lots.
6. Is the purpose of the variation based exclusively upon a desire to-make
money out of the property?
Yes. If the variance is approved, the applicant will construct a single-family
residence that will be placed on the real estate market.
7. Has the alleged difficulty or hardship been created by any person
presently having an interest in the property?
Yes, because Mr. Worming was informed of the limitations to development prior
to purchasing 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.
Board of Adjustment Staff Report
Case No. WA-95-23
Page 4
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 inorease 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 as it is to be developed outside of the sight distance triangle.
IV. STAFF CONCLUSIONS - -
Staff concludes that the property in question includes a particular. hardship
(utility easement) which creates an irregular shaped and exceptionally small
building envelope. The applicant has contacted the Denver Water Board to ask
for_the approval to encroach on their easement, which resulted in costly
measures (excavating for the sewer line) or substandard allowances (1°
encroachment). Staff believes a design may be developed to meet the current
regulations, although it would result in a small, irregular shaped structure.
Staff also believes that approval of this variance would not alter the
essential character of the locality and the proposed structure would be placed
outside of the sight distance triangle.
If -approval of the variance is granted, staff offers the following
recommendations:
1. A sight plan and elevations must be submitted prior to the application
of a building permit so staff can review the design of the structure
prior to construction.
2. Any landscaping or fences proposed for the sight distance triangle must
be kept under 42", with the landscaping being maintained to remain under
42".
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WHEAT RIDGE BOARD OF ADJIISTMENT
MINUTES 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 No. WA-95-32: An application by Earl Worming for
approval of a 5' front yard setback .variance to the requir-ed
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. 3-0th 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 Marshall there is a
relatively 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.
WHEAT RIDGE BOARD OF ADNSTMENT
MINUTES OF MEETING: October 26, 1995 Page 5
Board Member ECHELMEYER asked staff if the house setting to
the direct south of the circle and are they tapping in south
or north on their sewer line, and Mr..McCartney answered he
does not know.
Board Member WALKER asked if there is a structure on 2986
Newland Street and Mr. McCartney said he did not see any
structures on the site, and in the picture the easement-goes
southwest to. the park. Board Member ECHELMEYER .stated there
is a house on that property.
Board Member ECHELMEYER said did he understand correctly
that a 1 foot variance is the only thing the water company
would do in the way of relief in the 60-foot easement, and
Mr. McCartney answered-that is what the applicant told him.
Board Member ECHELMEYER asked who determines the width of an
easement, and Mr. McCartney answered the utility company.
Board Member ECHELMEYER asked if they can arbitrarily go in
and take 60 feet of a man's property to put a water pipe
through, and Mr. McCartney said the applicant knew of this
when they purchased the property. When a piece of land is
platted it will state there is an easement on it, so it
would be known.
Board Member ABBOTT asked if-what staff is .saying is the
applicant cannot get his gradient to the sewer because the
water line is__down lower than the sewer, and Mr. McCartney
said .he was told the sewer line would have to be lower than
the water conduit. The water conduit is 3 1/2 feet down and
5 feet in diameter, and he would have to place his sewer
line would have to go underneath that to be allowed to tap
into 30th Avenue.
Board Member ABBOTT said that a license of encroachment
would need to be obtained to .allow a structure within an
easement, and asked is that something he gets from the water
board which .already said the best they would .give him is 1
foot, and Mr. McCartney replied yes.
Board Member ABBOTT wanted to know what kind of things would
be reviewed by staff other than the-basic compliances-and-_
Mr. McCartney said it would be just the basic compliances so
that requirement could be struck from the staff report.
No further questions were .asked of staff.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 26, 1995 Page 6
The applicant, Earl Wonning, 1980 Taft Drive, Lakewood, was
sworn in. Mr. Wonning said this property existed as horse
property for years and so it does have a-fence around .the
.perimeter. Circumstances since then have dictated that he
do something else, so what he would like to do is build a
home of reasonable size on the property. The south and ---
north portions of the property are possibilities, but it
seems most. practical and logical to build it on the. north
portion which would require the variances. The sewer and
water is on 30th and to build on the south portion would
require us to extend the water and main sewer line to the
front of the structure; that is what both districts told
him. So he would be bringing a main up Marshall and then
teeing into it perpendicularly at the edge of the cul-de-
sac. It is possible that the water district and sewer
district would let him tee in off the side of his structure
and go all the way down his property to the 30th frontage,
but that would not be a normal thing. -
Mr. Wonning said this easement was granted in-1950 and the
individual he talked to at the Denver Water'BOard said they
do not grant anything but 'token' encroachments on their
easements. Token means maybe 1 or 2-feet in the corner of--
the structure. Mr. Wonning feels a nice home on the front
of that property would enhance the area.
Board Member ABBOTT asked the applicant what formula did he
use to decide that his proposed structure needs to be as
large as it has been drawn, and Mr. Wonning said to build a
rectangular structure or home with a 25' setback from 30th -
and a 15' from Marshall Court, he can get about a 1200
square foot house on the lot.
Board Member ABBOTT said to Mr. Wonning that he could shrink
the house and not ask 'f or as much encroachment, so why does
he think he needs a house of that square footage. Mr.
Wonning said he is not asking to build a house of 1900
square feet, he is asking to build a 'regular' shaped house
of 30 foot depth and 50 foot frontage at the-most. He wants
a regular shaped house rather than something that is cut off
diagonal on the back side. The diagonal shaped house on the
drawing is shown only as an example. The biggest home he
could build now is 700 square feet, but he feels building
one diagonal is not very practical.
Board Member ABBOTT said then this is'not market driven and
asked the applicant if he feels this house will not sell, '
and Mr. Wonning said the submitted drawings are to
demonstrate the square footage and that it would be a much
more practical sized house. Mr. Wonning said he will still -
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: October 26, 1995 Page 7
have to cut a bit of a diagonal line .and he realizes the
request is arbitrary to some degree, but feels it is still a
reasonable request.
Board Member ECHELMEYER asked if the proposed house will be
two-story, and Mr. Wonning said he hasn't really designed it
to be two-story, but the specific design has not-been
discussed, but perhaps a ranch with a walk-out garden level
or something. He does know the front.. of the house will face
30th Avenue..--
Board Member ECHELMEYER asked the applicant if he had talked
to the neighbor across the street about what he has in mind,
and-Mr. Wonning answered he has not_
Board Member ABBOTT asked staff if the two-story would be
more obtrusive than one-story, and Mr. McCartney replied if
Mr. Wonning does go with a two-story in the staff-report he
suggested that it be-off-set.
Board Member P.BBOTT was wondering how much freedom the City _
really has in enforcing a suggestion like that, and Mr.
McCartney answered the City does not have any current design
standards to enforce, so right now all we can do is just
suggest._
Mr. Gidley added-since this variance is coming before the
Board, it does provide an opportunity to_make or create
conditions associated with the variance .beyond what is
allowed under the zoning ordinance. If the Board wanted to
limit the house to two stories it could be .part of the,
condition of granting the variance, which could be accepted
or not.
Board Member ECHELMEYER commented there is a very nice house
to the north that is all glass from ground to ceiling, and
this request would kill any view that, they have. Mr.
McCartney said no complaints have been received other than a
phone call, but staff-does not believe it would obstruct-the
view. Mr. Wonning added that house sets 30 or 40 feet east
of his property and on the corner of 30th. and Lamar Street. ,
Mr. Gidley said most homes in this area have two-car garages
which are normally around 400 square feet. In this case
there is 800 square feet of footprint, in a normal setback
situation it would be accommodated within the diagonal
situation, which is about SOa of the first floor elevation
with a two-car garage:
WHEAT RIDGE BOARD OF ADNSTMENT
MINIITES OF MEETING: October 26, 1995
Chairman HOVLAND-asked if the-applicant has
garage, and Mr-. Worming said right now there
structure on the property that was used as a
practical perspective he would like to build
at least an attached one car garage.
Page 8
any plans for a
is a 15' x 40'
stable. From a
something with
Mr. Worming said in conclusion this property has been horse
property for years and the existing fence has been there to
contain the horses. He feels a residential home would be
much more appealing as opposed to horse property.
No further questions were asked of Mr. Worming.
Bonnie Blair, 299$ Marshall Court, was sworn in. Ms. Blair
lives directly south of the applicant's home and said she is
here representing the neighbors. She entered into record a
petition against this variance signed by the adjoining and
some near by property owners, labeled Exhibit 'A'. They are
against this action because the structure will.be.so close
to the cul-de-sac on Marshall Court-and .30th Avenue that it
will impair vision when exiting onto Marshall Court. There_
is also a bus stop and twice a day there is-quite a large _
number of children going down the. street. Ms. Blair entered
into record photos of the corner labeled Exhibit 'B'.
Ms_ Blair continued saying another reason for opposing this
request is it will be the only house in the-area that is
irregular shaped and she feels this is a negative impact on
the surrounding houses. All other houses abide by the Wheat
Ridge zoning code by being set back 30 feet. In addition to
the safety issues she-feels that this situation in no way
presents a hardship to the owner as they were-well aware of
the pipeline right-of-way and the setbacks when they
purchased the-property; The applicant and his wife are both
real estate brokers acid as such they are experienced real
estate professionals and well educated in all property laws.-
In addition, the MLS identified the existence of-the right-
of-way and the title report clearly identified it's presence
and. location. Therefore, the owners were-.well informed of
the limitations of this property. Knowing this ahead of
time, the applicants should not now come before the Board
and claim this is a hardship for a variance. -
Ms. Blair said all the surrounding houses-are fairly
traditional and most of them have been remodeled recently.
On behalf of-all the adjoiping property owners and nearby
property owners, they would urge the Board to abide by the
existing zoning laws and deny this petition for a variance.
WHEAT RIDGE BOARD OF ADJITSTMENT
MINUTES OF MEETING: October 26, 1995 Page 9
Board Member ECHELMEYER asked if she circulated the petition
to most of the neighbors,- and Ms. Blair replied yes. -Some
of people are in-the audience, however some of the neighbors
are elderly and could not make it to the muting tonight.
No further .questions were asked of Ms. Blair
David Blair, 2998 Marshall Court, was sworn in. He said
they have had to stay on a septic system and not allowed to
join the City's sewer system, so they have had to bear with
this hardship. Mr. Blair's family sold this easement to the
Denver Water-Board in the 50's. His grandfather sold the
land with the intent of it staying an agricultural plot and
not having problems with a house being so close to their
house. They were denied encroachment by the Denver Water
Board-to run their water and gas system through that area so
they had to apply for an easement going west up to Newland
Street to obtain their water and gas.- Mr. Blair continued
saying they have a nice view north and if this building goes
up they will lose part of it.
Board Member ECHELMEYER said he-did nqt understand what Mr.
Blair-.did with his sewer line, and Mr. Blair answered he.
does not have a sewer line as they are on a septic system
since the early 40's. They tapped their gas and water in on
Newland Street.
Boars Member ECHELMEYER asked how did they cross the water
line, and Mr. Blair said they went underneath it.
Board Member ABBOTT asked if the houses immediately adjacent
have approximately the same square footage as the house that
has been suggested here, and-Mr. Blair answered most of them
are larger, their, house is 3000 square feet.
Board Member HOWARD asked the applicant what would_he
propose doing with that lot, and Mr. Blair replied he would
like to see it stay agricultural with horses on it.
.Board Member HOWARD wanted to know if that particular site
was part of the family property and Mr. Blair replied yes,
and was sold off- many years ago. .
Board Member HOWARD asked if he was living in the house at
the time the property was sold, and Mr. Blair-said no, he
was away at school. _
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: October 26, 1995 Page 10 _-
Board Member ECHELMEYER commented this whole area is doing a
nice job of building up houses that are setting to the west
of Marshall Court are new, and big, and being taken care of
nicely by the people who live there.
Mr. worming spoke again saying the current sight line
requires nothing obstructing the view of traffic 30 feet
back. .Anything that he builds with the present or expanded
envelope will not intersect that sight line and not have any
impact on the sight lines as they now exist. Mr. McCartney
said the current sight distance triangle is 25 feet. Mr.
Worming said he will not alter that sight line or any code.
The setback of other homes in the area as best as he can
estimate, the house across the street to the west is set
back 25 feet,- 6497 W. 30th is 25 feet, 2991'Marshall Court
is setback 15 feet, 6530-W. 30th is setback 12 feet, and -
2998 Marshall Court approximately setback 15 feet. The
situation as it now stands allows me to he within code and
build a 750 square foot house and not have to ask for any
variance. It is his desire is to build a home that is
compatible with the other homes in the area; he could build
a smaller home but believes it would not be the most logical
or best approach to take.
Bonnie Blair spoke again saying the problem with this site.
is it has a good-sized slope which does not show up well in _
any of the slides, and to see across you-have to .look either ..._
way up or way down. She feels the houses. that Mr. Worming
mentioned do not create any kind of-sight obstruction.
There-is also a lot of vegetation on the corner and that
contributes to the sight obstruction.
Chairman HOVLAND asked could we require that the large-hump
of land on the corner be graded differently to improve the
sight line on that prdperty, and Mr. McCartney said yes, the
Board could make .that a condition. He said within the sight
distance triangle, structures and vegetation are allowed to
be up to 42 inches. The current problem with this sight is
the overgrowth of the vegetation, and part of the
development plan-would be-to keep that mowed down.
Regarding the slope, staff believes a downward slope is
better than a upward slope.
No further questions were asked.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES 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-Two 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 Lo build detached garage does
have the coverage allowed.
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 26th day of October 1995_._
CASE NO: WA-95-32 -
APPLICANT'S NAME: Earl Wonning
LOCATION: 6498 W. 30th Averiue
Upon motion by Board Member ABBOTT seconded by Board Member
ECHELMEYER , the following Resolution_was stated. --
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-95-32
is an appeal to this Board from the decision of an Administrative
Offices; and
wxEREAS, the property has been posted the required 15 days by law
and there WERE 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-95-32 , be and hereby is DENIED.
TYPE OF VARIANCE: A 5' front yard and a 15' side yard setback
PURPOSE: To construct a single family home
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.
VOTE: YES: Abbott; Echelmeyer, Hovland and Howard
No: Walker
DISPOSITION: Variance request denied by a vote of 4-1.
DATED this 26th day of October, 1995.
rr 1
1~ ~ ~ ~ !~ 1~~-
P UL HOVLAND, Vice airman - Mary Lo hapla, Se retary
Board of Adjustment Board o djustment