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HomeMy WebLinkAboutWA-95-34The City of - _ Wheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ddress ~Q j /~ ~y~ ~~ phone -d~~' Omer ~~_ Address •~~~~ Phone ~~,~~~ Location- of request Q.~'p ~'~,L~ - ~o Zj ~~ Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or gone 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 8 Final Solid waste landfill/ _ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other i Detailed Desbr'ption`of request ~/v j~ _~- - _ _.. _., ._ . ~~ -,_ ..z. List all-persons and companies who hold an interest in-the describ.e_d real. property, as owner, mortgagee, lessee; optionee,-.etc. NAME ADDRESS- PHONE __. ,. r_ ~a.-- - - y r - - ----- ~ .,y . ~ -. 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 actior, cannot lawfully tie accomplished. Applicants other than owners must submit power-of=_attorney from the owner which approved of this action on-his behalf. Si~na~ir~of Applicant , _,~„` ~~ ~~ ~ ~/ + ,. Subsors~ed and sworn to me this ~ day o _ 1g S _ c•`- C 6. ` .r: ~. ' r; Notary ublic SEAL ,~+:~.~ _ ~ ~~ ;,••~ 9 ^ ~''f'e My commission expires ~ Date'~Ft~oeztied Receipt No. _ _ Case NO. f, ~i a aaiu lJnGL, inCUC wm Ltl all Uay Ui 1 GUI U61y ,D UV between JEROME J. ROACH of the Shcd County of Jefferson and State of Colorado, of the first part, and STEPHEN GRUDA AND PHYLLIS A. GRUDA whose legal address is 5570 Tejon Street, Denver, CO. of the Shcd County of Denver and State of Colorado, of the second part: WITNESSETH,that the said partyufthe first part. for and in consideration oCthe sum of ($17,000,00) SEVENTEEN THOUSAND AND NO/100THS---------------------------------------DOLLARs ,„ ,. Dato "`• also known as sweet and number 4050 Chase Street ~• ~f•~••^:••_••••°-•••••••°-••••••-'•'•••'"^' and other good and valuable considerations to the said party of the first part in hand paid b}• the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has' granted, bargained, sold and conveyed, and by those presents does grant; bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot S or parcel 5 of Land, situate, tying and beingin the said County of Jefferson-~- "- ~ 'and State of Colorado; io wit: The South 50 feet of the North 110 feet of Blocks 3 and 4, STEWART GARDENS, _ _,.., County of Jefferson, ~5,a•;~ Docum=n`;ary Eee State of Colorado ..M TOGETHER with all and singular the herrditantents anJ appu rtenances thereunto belonging, or in anywise apper~ raining and the reversion and reversions, remainder and remainders, rents. issues and profits ChereoF, and all the estate, right, title, interest, claim and damand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AtiD TO H(1LD the said premises above bargained mul described, with the appw•tenanres, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrator's, does covenant, grant. bargain and agree to and with the said parties of the second part, thei r heirs and assigns, that a[ the time of the ensealing and dt4ivrry oC these presents, hr is well seized of the premises above conveyed, as of goo<I, sw•r, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and Lawful authority to grant, bargain, sell ami concry the same in manner and Corm aforesaid. and that the same are tree anrT clear Crum all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances ofw•hateverkindm'naturesorvrr, EXCEPTING THEREFROM general tdX25 dnd dSSeSS- ments for 1985 and all subsequent years; easements, rights of way, reservations and restrictions, restrictive covenants of record or in existance, .if any, and the above bargained premises in the quiet and peaceable ponsrssion of the said parties of the second part, the su rvivor• of them, their assigns and the heirs Lord assigns of such stirvivm•, against all and every person or persons lawfully ctainting m• to clui nLthe~whulc or any +.art thereof, the said party of the first port shxl! and will {{'.~RRA\T A\D FOREVER DEFE\D. The singular number shall include the plural, the plw•al the singular, and the use of any gender shall be applicable to all genders, IN {VIT\ESS R'HEREOF the said party of [he fits[ part has hereunto set his hand and seal the dap and year first above written. Signed, Sealed and Delivered in the Presence of (SEAL] Jerom ch [SEAL] ]SEAL] STATE OF COLORADO , ss'. County of Jefferson The foregoing instrument was acknowledged before methis 2$th day of February .19 B5 by Jerome J. Roach My Commission expires Apri 1 l 5 , 1987 . L{'iutess m}• hand and official seal. 3033 ~. 1st Avdnud ii600 Denver, Colorado 80206 ,~,,,,,,,,,,,,,, 921A. H'ARRASTY DEED. To Joint Tenanln,- +w C. r,x«.a o. o..... B769989 .., ~'sa"asu w.?~•'"."',^^y++aw?.w,r,•,+!wma..-,.-q«~u.n., .....-r~,;.„y.,^m,t•..~.:. .. • -w+x+r++.w.»n...,. 3~' . AN T C-~\ 4J r>. ~y ,~ <. ~c° i ~~ ~;'~, T ":~- ~~ ~X ~ ~ r „~`-- a ~`a ~; %~J ,5..r. .i .r-, ~xut3~r ~a' a ii- _.. .. Wj z a . d I Wx ~ ~m O N So i N f ~- r I~ I ~~ ,~_ I g ? lo~~ (~ x r ~- I ~ U 0. 3I ~ o h ~ 7~ 2 ~ ti ~ ~ W W~ NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat. Ridge Board of Adjustment on December 14, 199.5, at 7:30 p.m., at 7506 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-93-34: An application by Stephen Gruda for the approval. of a 3' sideyard setback variance to the 5' 'sideyard setback requirement to allow a 15'' x 44' carport 'for property zoned Residential-One A and.located at 4050 Chase-_Street. 2. Case No_ WA-95-36: An application by Harry Kushniroff for approval of a variance to allow a 6' high fence in the frontyard and in the sight distance triangle for property zoned Commercial-One and. located at 4101_Harlan Street. Mary ~o apla, Secre ary Wanda-Sang, City Clerk To be published: November 30;. 1995 Jefferson Sentinel 75G'G West 29th Avenue -Wheat Ridge, Colorado Telephone 303/ 237-6944 The City of Wheat Ridge This is to inform you that Case No. WA-95-34 which is a request for an approval of a 3' side yard setback variance to the 5' side yard setback requirement for a property located at 4050 Chase 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. December 14th, 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 " ~` f ~ I w m O f UJ O 0 W 0 O m n m m P 912 401 781 <Y v ~ ~~ ,[ _ _ 5 L- -~ ~~ m ~ !~ a m -~i ~ ~ < OIL 3~ P 912 401 780 fn m n n y ~ .~-- ~ 9 o -~ ll - 1 Z t O ~ ~ s ~ DN o= , P 912 401 779 ~ 5 m c T ~ Z ~~~ '~ ~ h # FS~ ymY Y ~+ An W p e~i~p N f{T >~ d~ o n O T O y CZ a m U1 t,_ _ J ~O __. NNCi '•+ m E r ~. u C. _:~ .. m~ N O m ---m ~. ~ -r ~_ T T m I ,. ~, CD J ~ ~ - ~ -- o } , ~ c 1 T ~ ~I ~~ _ . ~ _ ~..... _ _ f! ~ I m ~I !I E ~ I m y 3 D r S a° SS { ! T 3 i IMPORTANT. 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D N m, ,7 0' N °~ ' N ~ a ~ ~ `G N ~ 5 ~ N w ~ N lD CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment _ DATE OF MEETING: December 14, 1995 DATE PREPARED: November 17,1995 CASE N0. & NAME: WA-95-34/Gruda CASE MANAGER: Sean McCartney ACTION REQUESTED: An application for the approval of a 3' side yard setback variance to the required 5' side yard setback to allow the construction of a carport. LOCATION OF REQUEST: 4050 Chase Street NAME & ADDRESS OF APPLICANT(S) Stephen Gruda 4050 Chase Street Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 7,SOD square feet PRESENT ZONING: Residential-One A PRESENT LAND USE: Single-family residential SURROUNDING ZONING: N: W: E: and S: Residential-One A SURROUNDING LAND USE: N, W, E: and S: Single.-Family residential DATE PUBLISHED: November 30, 1995 DATE POSTED: -- - November 30, 1995 _ DATED LEGAL NOTICES-SENT: November 30, 1995 ENTER INTO RECORD: -.. - -_ _ - __.. ( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER __ _ NRISDICTION• The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Board of Adjustment Staff Report Case~No. WA-95-34 2. REQUEST page 2 The applicant is requesting the approval of a 3' side, yard setback variance to the 5'-side yard setback requirement to allow the construction of a 15' X 44' carport 2' from the side property line (south). According to Section 26-111f) of Wheat Ridge Zoning Ordinance, a detached garage or carport developed in the Residential-One A zone district can be 1, 000 - square feet in size and must be located 5' from the side property line. As the site plan (Exhibit A) shows, the south side of the residential dwelling - is located 17' from the south-side property line. It is at this location the applicant is proposing to extend a 15' carport from the roof line- of the existing structure. Along the same side o£ the house (south), there is an - existing 4' sidewalk which-runs parallel to the house east and west. This existing 4' sidewalk gradually rises in elevation from approximately 2", from the front of the house (west) to 6" to the rear_of the house (east), creating an uneven parking surface.-The applicant believes there is a hardship created-by the existing sidewalk, which he does not want to move, and feels that if he was to build.a carport to comply with the current side yard setbacks, he-would only have an-8' wide parking area (as_opposed to the 11' of parking area created through this variance). 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? Yea. The property in question may yield a reasonable return in use, service and income. 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 essential character-of the locality? _ No. The property currently exists in a residential-one A zone district, which allows the development of carports and detached garages. 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 i£ the strict letter of the regulations were carried out? No. The applicant has plenty of room to build a usable carport that would comply with the existing side yard setback requirements. Board of Adjustment Staff Report Case No. WA-95-34 Page 3 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other- property within the same mooning classification? Yes. Anyone may apply for the same type of variance, but the conditions may differ.- 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. The applicant is proposing the development of a carport exclusively to allow for covered parking at his residence. 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 interested in this 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 as it is to be developed outside of the sight distance triangle. IV. STAFF Staff concludes that the property in question does not include a particular hardship that would prevent the applicant from building a usable carport that would comply with existing side yard setback requirements. If the variance is approved, staff has the following recommendation: 1. The- rain-gutter down spout must be directed to flow away from the adjacent property. wc~• ~ ++05~ c~-i~.sE s-r :.L: . r ____ ~ nan+ I ~ $ ~I$ ~ , nv __ e - __ u-s ~ ~ 8 Z ~: ; a+o usu as 9 N In R a a as _. IL n ~ ~ a1z u ~ ~ _ a - F tsro _ p N s , w ..~~ - w <3 ~ hvE ~ , :xen txu tx6, ~ '" ~OUNTn N a]3J ti6 R I J :==J :~: - - m = : i iORAG= E ! 3 b LClue - !~',`.. T " . RR?IpA~~ D '" m " ~W~ . t ARK ~ z 3 w ' ~~ aCAO ~ i ~.. ~ uu'e ~ ~ ~ I 1J1 M! o Y ~''-J ~A1~- ,;~ ~~il ~~ ~ ; ~--~- ~ r, , ~ ., ~ ~I x' ~; ~i ~ ~~ § u (z`, 2 rimer _ ____~ f i i ~ ~ N N E .l r :r r.r r l ~~I-, F G- I i _, W z w -waer~nw_ ____ ©~~` ~'°~ ~`" ZOi°alAdG M~F' - zonlE ~is-R.cr souu~R~ --- =.4~G~~~o-3a>;~~~ I~JH~f~T R1DGE f~ES~GNR:CS OivNEZS~i PI __._G,7Y_IM~T ,~nl=_ ~OL4Rt~D4 - ~=~~~-ES M~, -ALE A~~55E5 "!.%+~ A00.""D:.l~ne 15, i994 .cs- ReviSion~ ~eca^roer 22, i99S 7?h4i`r.-'r~ OP ?'.Aldv9n'G AYJ D-l/EO~~C.r - T»-78i2 ~~ L~ a ~~ __. ~ WHEAT RIDGE BOARD .OF ADJUSTMENT ` MINUTES OF MEETING: December 14, 1995 Page 2 2. APPROVE THE ORDER OF T8E AGENDA Motion was made by Board Member ROSSILLON, seconded by Board Member ABBOTT, that the agenda be amended to include under New Business, the resolution from Planning Commission regarding alternative members. Motion carried 5-0_. 3. PIIBLIC FORIIM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. . 4. PIIBLIC HEARING A. _ _ _.-~ __--- -_ -= An application _by Stephen Gruda for approval of a 3' sideyard setback variance to the required 5' sideyard setback to allow the construction of a carport for property zoned Residential-One A and located at 4050 Chase Street. Sean McCartney presented the staff report. All pertinent documents. were entered..-into record, which-Chairman HOVLAND accepted. Board Member ABBOTT said he noticed there are no comments -. about this kind of setback encroachment in the immediate neighborhood, and Mr. McCartney answered he did not notice any similar encroachments in the area. Board Member WALKER asked if the carport would be open on the south side; and Mr. McCartney answered the carport will be open on all sides. Board .Member HOWARD commented there are sideyard setbacks that are_closer in that immediate vicinity, however, the houses were built 80 years ago and they do not fall into the category requirement that the City now has. No further questions were asked of staff. The applicant, Stephen Gruda, 4050 Chase Street, was sworn in. Mr. Gruda said he would like his driveway to be further away from the fence and the 3 feet would sure help. The existing 4 foot wide sidewalk that runs parallel to the house, east and west, gradually rises in elevation from about 2 inches in the front to 6 inches to the rear of .the house. This .sidewalk creates an uneven parking surface. - -_ WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING:.-December 14, 1995 Page 3 Chairman HOVLAND-asked if the driveway extends over to the property line, and Mr. Gruda replied yes.' Board Member ABBOTT asked if this was the applicant's primary parking or secondary, and Mr. Gruda said this is his primary parking because his garage is full of his shop tools, so no one•parks in there. Board Member ABBOTT said the sidewalk could be made part of the driveway if the applicant did away with the man-gate and moved the driveway gate over. Mr. Gruda said as you go back further in the yard, the elevation gets deeper and higher. Board Member ABBOTT commented again that if the man-gate is moved .the applicant could drive closer_to the house, however, the doghouse would probably would have to be relocated. The applicant said there are also grates over the two window wells and you cannot drive on them.. Mr. Gruda said he used to_have a trailer house but he. sold it because it was too big, and now he wants to get a smaller trailer, and the extra width will help when backing the trailer ,in. No further questions were asked of. the applicant. Mr. Robert Alberti, 4000 Chase Street, was sworn in. Mr. Alberti lives next door (south) to the applicant and would be the person most affected by. the carport. He said he does not have a problem with the request ~s long as it is a carport and open-air and not a major building being put, up right next to the fence. Board .Member .ABBOTT said the City made a recommendation that "the rain gutter downspout must be directed to flow away from the adjacent property", and Mr. Alberti said of course it would be best if the water flowed away from his property. Chairman HOVLAND asked Mr. Alberti-how far does his house -.- set from the property link, and he answered about 14 feet. _ Chairman HOVLAND asked if the carport dimensions submitted measured to the edge of .,the roof line or to,the,edge of the posts, and Mr. Gruda said to the posts, but if needed,. he would be willing to cut off the overhang of the_roof line.. He added it is the space between the posts and the sidewalk that bothers him. No further questions were ,asked. _ ~. WHEAT RIDGE BOARD OF ADJIISTMENT MINtTTES OF MEETING: December_14, 1995 Page 4 Chairman HOVLAND reminded the applicants that with only five members present, it would take four positive votes to approve the variance. Motion was made by Board Member ABBOTT, that Case No. WA-95- 34, an application by Stephen Gruda, be APPROVED for the following reasons: 1. Due to .the window wells within the existing sidewalk, the applicant has to park 4 feet further from the house than would be ideal. 2, The 11 foot-clear drive lane. requested is a practical width. 3. The neighbor immediately adjacent, and most affected by this variance application, spoke in favor. of the variance. WITH THE FOLLOWING CONDITIONS-: 1. The gutter downspout must be directed to flow ,away from the adjacent property. 2. The eave line of the roof must be terminated as close to the post line as possible. 3. The carport may not in any way be enclosed.- _ Motion was seconded by Board Member WALKER. Motion carried 5-0. Resolution attached. B. Case No. WA-95-36: An application by Harry Kushniroff for approval of a variance to allow a 6' high fence in the frontyard and in the sight distance triangle for property. zoned Commercial-One and located at 4101 Harlan Street. Sean McCartney presented part of the staff report. Board Member ABBOTT asked if the house was built today could the fence be located where it is, and Mr_ McCartney answered yes, however it would have to be no higher than 42 inches. This property is on a corner that fronts on two streets, one is designated as a front property and the other as a side. property. Staff decided that because the driveway is accessed off. of .W. 41st Avenue, that should be the front, therefore, the 6 foot privacy fence is in the sideyard. Board Member ABBOTT wanted to know if the driveway on Harlan Street is still there,, and Mr. McCartney 'said yes, but they have ceased the use of_ that and now use the W. 41st Avenue driveway. PUBLIC HEARING SPEAKERS' LIST ~ CASE N0; WA-934 DATE: December 14, 1995 REQUEST: An application by Steph en Gruda for the approval of a 3' sideyard setback requirement to allow a 151 x 44' carport for property zoned Residential- One A and located at 4050 Chase St reet. Positi n On Requevt (P ase Check? i i SPEAKER'S NAME ~ ADDRESS (PLEAS E. PRINT) i IN F OR i OPPOSED - ,- ~ l i i d t JG i ~\.ry i ' 1 _ ~ , 1 / U J~V ~.Ff.f ~ V I ~ I ~ 1 I f ~~ 1 1 1 I 1 , I _. _.. _. 1 1 1 I ____. 1 1 ._-. 1 1. 1 , 1 1 1 1 i , 1 1 1 I 1 1 1 ~ 1 1 1 ~ _. 1 I . 1 1 ~ 1 1 i 1 I 1 1 - 1 1 I 1 I 1 1 1 ~ 1 1 I 1 I 1 1 I 1 1 1 j j 1 I 1 i ~ 1 1 i i i 1 1 I I 1 1 I I 1 1 i i 1 I I 1 I i 1 I ' 1 i ~ I I ~ I i t 1 i i 1 1 1 l e i t 1 1 ~ 1 1 1 i 1 I i , ~ i 1 ~ I 1 1 1 1. _..I i t I ~ 1 i 1 1 I 1 1 .1 i ' -:,I 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 14th day of December , 1995. CASE NO: WA-95-34 APPLICANT'S NAME: Stephen Gruda LOCATION: 4050 Chase Street Upon motion by Board Member ABBOTT , seconded by Board Member WALKER the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of_Ad_justment Application, Case No. WA-95-34 _ ____ 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-95-34, be and hereby is APPROVED. TYPE OF VARIANCE: A 3' sideyard setback variance PURPOSE: To allow the construction of a carport FOR THE FOLLOWING REASONS: 1. D_ue to-the window wells within the existing sidewalk, the applicant has to park 4' further from the .house than would be ideal. 2, The 11 foot clear drive lane requested is a practical width. 3. The neighbor immediately adjacent and most affected by this variance application spoke in favor of the variance. C WA-95-34/RESOLUTION Page 2- WITH THE FOLLOWING CONDITIONS: 1. The gutter downspout must be directed to flow away from the adjacent property. 2. The eave line of the roof must be terminated as close to the.. post line as possible. 3. The carport may not in any way be enclosed. VOTE: YES: Abbott, Hovland, Howard, Rossillon and Walker NO: None DISPOSITION: A 3' sideyard setback variance granted by a vote of 5-0. DATED this 14th day of December, 1995. A HO ND, ce Chairman Board of Adjustment Mar L u hapla, Sec tarp Board o djustment