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HomeMy WebLinkAboutWA-95-33Tfra City o1 ~Whe at ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO' 80033 Phone (303) 237-6944 5~ 22. Applicant ~ :5/ Address - y,~c~~ ~~S)p~~~one /-~53 Owner _ ~Q i-r~.Q -` Address- t t . - Phone ~~ Location of, request ~ ~ y~,4p Type of action requested (check one. or more o£-the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional-use permit Interpretation of code Temporary use/building permit Zone line modification-.: Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral-extraction permit for specific requirements.- ^ Other Detailed Description of rgg~~uest Tl~ q ~ ~~~ ~'~~ tom" ~.~ ~ 1-n cc~ o, 0 5 h~ c~ ~ 1~.1~ ~ ~ .~C- ~'i' C- - _.. -~-- - ,.~ --- - List all persons-and companies who-hold an interest in-the described_real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE - ___ ._ . e ._ __, ~., .. - ~ _ . - _ ~,: I certify that the information and exhibits herewith submitted .are. true and correct to-the best of my knowledge anti that in filing this application, i am acting with the knowledge and consent of those persons listed above,- without whose consent the requested actior, cannot lawfully be accomplished. Applicants-other than owners must submit power=of-attorney from the owner which approved of this action on his behalf.. - - Signat "~~~Appiicant .~~~, O z ,Q .[ `f,. ~ Y P ~S~r ~1~ nd sworn to me t ~~ day of ~' 19 ~~ %v~`~ ~~t~, Notary Pu lic Z ~ ~~ f~`~1L 2 r~ r'~~~~'' My commission expire ~~' ~,,+~a l' ~ - Date Rece~v~d ~ Receipt- No._-, Case No. Reception No. Recorded at - _ - Recorder RECEPTION ND. 9etd46418 O'C10Ck_M. 4/24/92 13s3S 37 - -----~ ~ ~ ~~ - RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEID is made by Theo Elaine Sponsler as Personal Representative of the Estate of 0. GaU Sponsler, a/k/a Otis Gail Sponsler, a/k/a Otis G. Sponsler, deceased, Grantor, to John J• DeRfsto, Jr. and Holly E. Deltr'sio, Grantee, whose legal address is 4321 Dover Street, Wheat Ridge of the County of Sefferson, and State of Colorado. WHEREAS, the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent, and is dated Mazch 8, 1989, which Will was duly admitted to informal probate on December 2, 1991, by the District court in and for the County of Jefferson, State of Colorado, Probate No.: 91 PR 1016. WHEREAS, Grantor was duly appointed Personal Representative of said Estate on December 2, 1991, and is now qualified and acting in said capacity. NOW; THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantees in joint [enancy for and in consideration of ($123,000.00) One Hundred Twenty-Three Thousand Dollars the following described real property situate in the County of Jefferson, State of Colorado: Lot 6, Crestview Subdivision Pucsuant to §39-13.102 C.R.S., a documentary fee of $12.30 is to be paid to the Office of the County Clerk and Recorder upon recording. also known by street and number as 4321 Dover Street, Wheat Ridge, Colorado 80033. ' With all appurtenances, subject to covenants, easements and restrictions' of record, and subject to general property taxes for the yeaz 1992, and subject to easements and encumbrances of record. As used herein, the singulaz includes the plural and the~p°lural the singulaz. Executed ~/~.T, 1992. _ C - ~ ~a~ PERSOUN. REP. Theo Elaine Sponsler, rsonal Re resentative of the Estate of 0. Gail S osier, a/k/a Otis Gail Sponsler, alk/a Otis G. Sponsleq Deceased O ) ss. i0N _ ) istrumenf was acknowledged before me this L~ day of _, 1992, by Theo Elaine Sponsler as Personal Representative of the Estate of Otis Gail Sponsler, a/k/a Otis G. Sponsler, Deceased. expires ~,/Q~ _ W~tness my hand ate official seal. Notary Public iv 30 /I Thin form conforms to substance to the approved Porm No. CPC46. Rev. 11.87. PERSONAL REPREBENTATIVE~B DEED (Testate Ettnle) Estsm\Sponsler\SponslecPRD i I ?a`taQSO i~oa'?'a 2°t ~ ~'~TR' !i'.~'~~i~,»~a ~' ~.~~ j~ t SJ° a~09 1~'S`lA'A RY bB72 ~ __ •• .i _ , 4aQy~ y~ }ate g~ ~ _ ' ~~ ~ ~~~ ~ ,~s i 3 ° d °; HERBERT S. LINN ~- ` '~ ' ~ - ~ ~ ~~~ as es Y4 $A?Tn (#3 r Yzl7Tfi'G .~'A +~ ~$ ~ ~`;~''9'SF~ 'SI~'4~~ES ~' , ~;: ENGfNEER AND SLIRVEYDR ~ a ,~~„~ r ii A~~Q~t~i~~.. ~ 1205 COL NTRY CW B ROAD ~,-~~' g' .TE~$3'®3'$tf3~ ~iOYffi~'r;~4yrM~'E7~.d33"~k$Ct x"'~' DENVER IS, COLORADO , ~y~ : ~a~''23-- x95 '~ . ~' ~~~` ~$~. ,< _ ~ r .:, u , ~~~st.~1• ~t~17I~TSY4l13,i i~ v~,daa~.. "~ ~~ , ;:... 4. '.: f ?4*d'E't atsa7.e. ~ ~~r w; ~ ,,, ' ra' ; CtT~RRttG~~~t. Xis i ~ 5Y i. ~ ~ , ';'. G+OIIA3'B~b ~4ob~.'~ $71.Q ~0T1L11~R . ', .~ e~ ., N H' ~.» 3Fu].1 baeamam~- " _ ~ t Brick ~7•ls ~-. ~- J gpt ~ ~__ a CDt~o~3t~;'!`Cq~,'- . ~iy`r ,~-r'' Sys. `` ~' ; , :, ~~.. ` "~ ~~ ~ ~' '!' ,x . ~. ~, ' ~ ~ ti ~ ~, iA ': IIoE f~* 4~ffi'.PV~%~ 9'U~I3FVIa~O~di ~ ~ ~ . ~ .'. ~ ._ 19~4r 98 :~lSti~zAOTits o2x ~bs ra T,GA}~$~ th~.Y~ 'S Ys&Y0~ D~3,; ~e ~ ~4' `li ~ t ~ ~ J_ Y~+ tt 5 e ~: `' E~ ~c`F6PC~'~~~f~ ', ~..... .... ` ~#a fwn at 32~ 34tbq'E8 ~ 'COQ, egrt ~hoi~n and des~cibe8~ e8loh~pre~~e~ r~+° ~ d~ i i gE ~?. .,,, ~ r a 1s ~rA n,y,}t~ Y ~ C f ~ ~ ~ ,- (' '~, E r ,v~ ? ~+ r~~~ ~ g~~ t#~a ~n~4xnma it"~iseem"a~-191 "+~y _Partra~a I~3d M ~} i` F' ;`~ ~ u t~4 y~ ~' ~ f ~fi.~ t ~ a rr l~ ~'tb~ t . r` t F: `r yy~ yr.y ,.i, M: ll~;in' S.A Lt 4 - Y'. E'6~ `i b3~~~ ~- NOTICE OF PiJBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on January 25,1996, at 7:30- p.m., at 7500 West 29th Avenue, .Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. The following petitions shall be heard: A. :-Case No. WA-96-1: An application by Rick Evans for approval of a 7' side yard setback variance to the required 15' side yard setback. on property :zoned Residential-One and located at 16 Hillside Drive.. _ - - B. Case No. WA-96-2: An application by T. Casey and Sharon Gahan for approval of a i0' front yard setback variance to the 'required 30' front yard setback on property zoned Residential-One. and located at 41 Hillside Drive. C. Case No. WA-95-33: An application by Holly DeRisio fo.r a 2' 6" side yard setback variance to the required 5' side yard setback on property zoned Residential-Two and 1'ocated at 4321 Dover Street. _., Mar u Chapla~~ Sec etary -... Wanda Sang,_ City Clexk _,, .. _ _ _ To be published: January 11, 1996 Jefferson Sentinel _ _ _ - - P-O. BOX 638 TELEPHONE: 303/237-6944 The Crt y 0I 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 - (~ x 7}~ ea~ midge January 9.~ 19Q6 This is to inform you that, Case No. WA-95-33 which is a request , for apgroval of a 2~ side yard setback variance, to the required 5' side yard setback for property located at 4321 Dover 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 January 25, 1996 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 desire tp review any plans, please contact the Planning Division. Thank you. 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O m n y m N t-' ~ ~ ~ ^0..~ p° w a~a~~ N ,G N ^ S m m G ~ m CITY OF WHEAT RIDGE PLANNING DYVISION STAFF REPORT T0: Board of Adjustment- DATE OF MEETING:-January 25, 1996 __ - DATE PREPARED: January 17, 1996 CASE N0. & NAME: WA-95-33/DeRisio CASE MANAGER: Sean McCartney ACTION REQUESTED: An application for 'the approval of a 2'6" side yard setback variance to the required 5' side yard setback to-allow the existence of a private storage shed. LOCATIDN OF REQUEST: 4321 Dover Street ,_ NAME & ADDRESS OF APPLICANT(S) Holly DeRisio- - ._ 4321 Dover Street. Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER(S) Same _ _. APPROXIMATE AREA: 15,000 square-feet __- - _ _ PRESENT ZONING: Residential-Two _ _ PRESENT LAND USE: Single-family residential _- SURROUNDING ZONING: N: W: E: and S: Residential-Two SURROUNDING LAND USE: N, W, E: and S: Single-family residential DATE PUBLISHED: January 11, 1996 _- -- - ~ _'- DATE POSTED: January_ 11, 1996 , DATED LEGAL NOTICES SENT: January 11, 1996 ENTER SNTO RECORD: ( ) COMPREHENSIVE PLAN. __ - (XX) CASE FILE & PACKET MATERIALS (XX) ZONING .ORDINANCE .. _(XX) EXHIBITS._._ ,. ( ) SUBDIVISION REGULATIONS ( ) OTHER JUR%SDICTION: _ __ - - _-- _ _ - 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-95-33 Page.2 I. _ REQIIEST The applicant is requesting the ,approval of a 2'6" side yard setback variance to the S' side yard setback requirement..to allow the, .existence of a 12'X 12' private storage shed on the north-portion of the property. According to section 26-14(F), a private storage shed in the Residential-Two zone-district must have a 5'_,_side_yard setback from the property line. 'The applicant was unfamiliar with the proper regulations and procedures involved ;_ , in-the development of any type of building in the City of Wheat Ridge, therefore built the storage shed without proper approval. Because the~hed was built at an angle to the property-line, one-portion_of-the shed (northeast) complies with the current setback regulations, whereas the leading corner (northwest)-is the-portion of the shed-which encroaches the setback requirement. ,._ _.. 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? Yee. The property in question may yield a reasonable return in use, service and income if the variance is denied. 2. Is the plight of the., owner due to unique circumstances? No. There are no unique circumstances applied to this case. 3. If the variance were granted, would it alter the ess@ntial character of the locality? No. The property currently exists in a Residential-Two zone district, which-. allows the development of private storage sheds. 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. Any existing hardship was self-imposed by the applicant. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. Anyone may apply for the same type of variance, but the conditions. may differ. Board of Adjustment Staff Report Case No. WA-95-33 Page 3 6. Is the purpose of the variation based exclusively upon a desire to make_ money out of the property? No. -The applicant constructed the storage shed exclusively to allow for additional storage. 7. Has the alleged difficulty or hardship been created. by any person presently having an-interest in the property? Yes. Because the applicant constructed the storage-shed without the approval of a building permit, the hardship was self-imposed. 8. Would the granting of-the variance be detrimental to the public welfare or injurious to other property or improvements_ in the neighborhood in which the property is located? No. The granting of 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 as it is to be developed outside of-the sight distance triangle. IV. STAFF CONCLUSIONS Staff concludes that the property in question does not include a particular hardship that would prevent .the applicant from building a usable storage shed that-would. comply with existing side yard setback requirements. ,, ~u~ttair "A o ~i ~~ r 7ov~z sr2~r s ~z OFFIGI~L ZON I ~1G M,~tP WHE,~T RIDGE GOLORt'cD0 MAP ADOPTED: _~^c 15, 199 1 I D?hTMaIT 0.° PLAhVIW 7.hD x~ WM3rT -7:34052 _ F ~ ~ " P ~ , ~ - ~ a ~ ~ -i r i ~ ~ ~ a, ~ ~ k I ~I 1 <, j . °I m - 'tl ~ -! R R m ~ ~ ~ I ~ -} w 3B'n nVE ! ~1 I ~ I - - y~- 1~ i ~-~- t- ---., ~,•,•,~ 100-YE,AR FLOOD PL+.IN ~___~ (APPROXIN,ATE LOGATIOM _ - zoNE D~sTR:cT ~o;~tiDR~ - PARG~/LOT 30.;.~iDRY _' _ (DESIGNATES OWN'cRSHI?>' _ _ _ _ WATER FEATNZ^ -. . _.- D9~OTES MULTIPLE :-.DDR°SSES ~~ 2~ r.....--_...,,.--_.. .,x.« - scALe .~uoo u321 yove~z snze~T WHEAT RIDGF~ BOARD OF ADJUSTMENT MINUTES OF MEETING: January 30, 1996 Page 14 Motion was made by Board Member ABBOTT, that Case No. WA-96- 2, an application by T. Casey and Sharon Gahan, be DENIED - the following reasons-p 1. The surrounding dwellings in the neighborhood reside within the 30' front yard setbacks. .The room addition to the front of the property would appear to alter the. essential. quality of the neighborhood.- 2. The hardship would appear to be for convenience only and not for a substantial hardship. The house currently has 5 bedrooms and 2 1/2 baths. 3. There would appear to be no reason why the logic used to grant this variance would not apply to any similar property therefore, create an argument for variance- request with no more-hardship demonstrated than convenience. __ Motion was seconded by Board Member HOWARD. Motion for denial carried 5-2, with Board Members HOVLAND and ECHELMEYER voting no. _ D. +s~'rt7A=-9`5= An application by Holly DeRisio for a 2' side yard setback variance to the, required 5'. side yard- setback on property zoned Residential-Two and located at 4321 Dover Street. . Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman JUNK$R accepted. Board Member ECHELMEYER asked if he measured the 7.feet distance from the east edge to where the fence would be, and he said no, that information was given to him. Board Member HOVLAND asked staff how'this-was brought to attention, and Mr. McCartney it was a code complaint. The applicant, Holly DeRisio, 4321 Dover Street, was sworn in .- Ms. DeRisio said she believes there_was a mistake when measuring the east side of the shed from the property-line, ___ it is not 7 feet; it is 5' 7". Ms. DeRisio said she did-go around and talked to some of her neighbors and not one complained about this request. She added. since the property slopes down in the back, it is hard to even see the shed. / WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF"MEETING: January 30, 1996 Page 15 Ms. DeRisio said the reason the shed is setting at an angle is because it then stays with the .angle of, the house. If they set the shed straight it would interfere with their sprinkler system and because of the tree it would also look funny.- Ms. DeRisio added also a barbecue pit ,used to set in the exact same place and has since been torn down, so that seemed like the logical place to set the shed. They did not get a building permit because they did not think that small of a project needed one. Board Member HOVLAND asked if the tree in the slides is close to the shed and Ms. DeRisio said no, the tree really doesn't, but if they moved the shed out it would create a narrow space. .They are putting the shed where it is is because it was the best place and they wanted to keep it in line with the house. The shed will be painted. to match the. brick on the housee Board Member HOVLAND asked what the-floor and foundation is - .- built on, and Ms. DeRisio answered it is-built an 4' x 4's that_are two feet apart, and 2 layers bf 1/2 inch, and 1 layer of 5/8 inch particle board. Board Member WALKER asked if the applicant said the sprinkler heads are in the way, and Ms_. DeRisio said yes, and they would have to dig the sprinkler pipes up and route them different. Board Member WALKER asked what if you were to move the shed making both corners the same distance from the property line, and Ms. DeRisio said they would still have to move some sprinkler heads and re-level the center of the shed. Board Member ABBOTT commented he feels they should orbit their decision around the hardship. Ms. DeRisio said if they had to she guessed they_could_jack the entire thing up and then re-level the whole area, and move the sprinkler. heads. _ Ms. DeRisio said to answer the fence question, they did not bow it out, that is the way it was when they bought the.- - property. No further .questions were asked. _ Motion was made by Board Member ABBOTT, that Case No. WA-95- 33,-an application by Holly DeRisio, be APPROVED for the following reasons: __.____ WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: January 30, 1996 5. 6. 'Page 16 1.' Due to the orientation of the shed in relationship to the property line, only one corner of the structure encroaches upon the 5 foot required setback. 2. Moving the shed southwest or rotating it would be difficult due to its. floor framing and necessity of re-leveling the ground. 3. Moving the shed southwest or rotating it would require the reinstallation of sprinkler heads. 4. The complaint against the shed was anonymous, and there have been no written or verbal .complaints registered against the variance by immediate neighbors. Motion was seconded by Board Member ROSSILLON. Motion carried 6-1 with Board Member HOWARD voting no. Resolution attached. CLOSE THE PUBLIC HEARING OLD BUSINESS A. Election of Officers:- ,_ Robert Walker, Chairman William Echelmeyer, Vice Chairman 7 NEW BUSINESS A. Discussions of the following: 1. Case No. TUP-95-8/PERROTTI 2. Changing address/process. 3. Case No. WA-95-36/KUSHNIROFF. 4. Study Session 5. Pot-bellied pig/ordinance 6. Case No. TUP-95-7/DOLPHEIDE 7. 'After the-fact applications/Recommendation to add a double fee to the building permit when applicable. 8. Billboards/amortization B. Approval of Minutes: Motion was made by Board Member HOWARD, seconded by Board Member HOVLAND, that the minutes of December 14, 1995, be approved as printed. Motion carried. 8. ADJOURNMENT Motion was made by Board Member WALKER, seconded by Board Member ROSSILLON, that the meeting be adjourned. Meeting adjourned at 10:36 p.m. _ _ Mary Lo apla, Secret ry - 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 30th day of January ,_,1996. - S -ND: A-95=33- APPLICANT'S NAME: Holly DeRisio LOCATION: 4321 Dover-Street .. Upon motion by Board Member _ABBOTT seconded by Board Member ROSSILLON , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-95-33 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-95-33 , be and hereby is APPROVED. TYPE OF VARIANCE: A 2' side yard setback to the required 5' on property zoned Residential-Two' PURPOSE: To allow the existence of a storage shed FOR THE FOLLOWING REASONS: 1. Due to the orientation of the shed in relationship to the property line, only one corner of the structure encroaches upon the 5 foot required setback. 2. Moving the shed southwest or rotating it would be difficult due to-its floor framing and necessity of re-leveling the ground. 3. Moving the shed southwest or rotating it would require the reinstallation of sprinkler heads. 4. The complaint against the shed was anonymous, and there have been no written or verbal complaints registered against the variance by immediate neighbors. Case No. WA-95-33 Page 2 VOTE: YES: Abbott, Echelmeyer, Hovland, Junker, Rossillon Rossillon and Walker NO: Howard DISPOSITION: VARIANCE GRANTED BY A VOTE OF 6-1. DATED this 30th day of January, 1996. ~ _ ~~ r SUSAN JUNICER Chairman Mary u hapla, Se etary Board of Adjustment Board o djustment l