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HomeMy WebLinkAboutWA-95-7 The City Of ~]Vhe at ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant G., e Address ~ (J ~ (.tea 30j'~' ~ p-Phone ~ 3 ~'~f5S7 Lae.keu~aa-~l ~O~2d~S Owner S (~ yy~ ( Address Phone Location of request ~ Jp'~j' (~,.7 3 @'~`~G~~ ~-~etrsn~ ~Dal3~ Type of action requested (check one or more of the actions listed below.. which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming us_e 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 ~ otherera1 extraction permit for specific requirements. / Detailed Description o ~req~e~~ ~'~ I h /' N 8RS'2 Y -PQ~ N tN l y~"~dNC.I/ ~F-r~ s'nat x, f~i ~f t ~,v~rr u.t . o ~ ~ - -, _,_- ,.~y. _ : -:-- List .all persons and companies who hold an interest in-,the-described. real property, as owner, mortgagee, lessee,. optionee, etc. NAME ADDRESS PHONE f,(a~( ~st~G4 ~ toy cc~ 3~-~G~,,~ ~~ksfa~~ Cn £roa-3 ~3~G5's'~ _ I dertify-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 aotior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action,(on~= hi~sj behalf. Signature o£ Applicant ~(~~~"(~^-'O .--- Subscribed and sworn to me this ~ day_of 19 C~ Notary P blic SEAL '--t My commission expires 1-'~,~- Date R2Ceive¢ - J -.~'" 7J - aw~.oiy+~ `~ r _~ _ .- ----- -- RECEPTIQN NO. F001P336 16.00 '742 RECORDED IN SEFFERSON COUNTY ' T'~HSS DEED ,Made this day of January 27, 1995 ~';'bet{~eeh , ' DCt~ILD'M. M0R7.CN affi JAMS G. MO2M'ON ,~.. ~•~ of the COLORADO County of JEN'FERBt~i and State of Colorado, of the first pert, and HAZEL I. H(I~ID ,i PG : 0001-001 RECORDER. 1 /31 /95 1 1:00 urn. 3tirtC: pc~cumentary Fee ------- 7105 iPEST 30TH AVE@NE whose legal address is LAREWOCD, C02,0RADl7 80215 of the County of JEFFERSQ~i and State of Colorado, of the second part. NITNESSETH, That the said party of the first pert, for and in consideration of the sun of (*~-*$110,000.00 ) ONE HUNDRED TEN THOUSAND DOLLARS AND DO/100THS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second pert, his heirs and assigns forever, atI the following described Iot or parcel of land, situate, lying and being in the Cotnty of ilEFE'IItBCN and State of Colorado to wit: IAT 4, PAIASYRA PARR Si1BD1428ICN, 00[IIdP~ 021' J&FFER~N, STATE OF OOU+CRADO. also known as street nudger 7105 TT!aFFB'T 30T$ AVFSNE I.AI~CO, OOLCRADO 80215 TOGETHER with all and singular and hereditaments end appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the said party of the first part, either in law or equity,of, fn and to the above bargained premises, ui th the heredi laments and appurtenanees.~ TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs end assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of goad, sure, 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 and convey the same in rrenner and form as aforesaid, and that the same ere free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever; EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1995 AND SUBSEGUEHT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, C04ENANTS AND RIGHTS OF NAY OF RECORD, IF ANY; - r and the aboved bargained premises in the quiet end peaceable possession of said party of the second part; his heirs and assigns against all and every person or persons lawfully claiming or to claim the Whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular nunber shell include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above Written. STATE OF COLORADO County of E-l ~oao ~ ~ ' > ss. (\~~~/_~^i``N~'+1~ G ~~~~ (SEAL) ~ ~~ (SEAL) The fore9oi ng instrument was acknowledged before ne on this day of , try DC[~AIrD M. MCRTC~i and JAMS G. MORTCI~i My eamnission expires ~ " ~` el $ Wi loess ,my hand and official seal. JanUaiy 27, 1995 ---~ ~ ~~y,.~ ..+.:. R.Pr~.. tdf1~.: sy,~Il~1NX~'~DtF®/~•Fer Photographic Record ;ryx •-:•i sA~4Q2•t~%13].359 R0431359 '~, '~ ~'''+~~ r~7F,.0~~G' rr•n.,. ,~~.. NOTICE: According to Coiamdo law you mu_ n~ arty legal action based upon any defect In this Improvement Location Certificate wAh(n 3 years after you first discover such defect In no event, may any action based upon any defeG In This Improvement Location Certificate be commenced more than ten years from Ure date of me certifraUon shown hereon. _ __ _. NOTE TO USER: This tlowment Is for UUe Insurance purposes only and tv the product or a alts Inspeclbn. Deed line evidence not supported by found property corner markers was Dasetl an anayUCal wrtelalion of public Improvements and lines of oaupation. An actual Properly Survey Is recommended if exact bwUans of Improvements and deed lines are required. 8725 fast rtampt Denver, n r~ Surveyors, Inc. nue, #310 jo 80231 (303)-755.6787 FAX (303)-695-7932 JOB NO: 30-7105 BORROWER: BOND IMPROVEMENT LOCATION CERTIFICATE ~An actual Property Survey may yield different value(sl. P~L1lI.Y.~.~ P~P~--~~ ~s Wi _ ,LOT 4 ,. ~I ` BR/CK RANCH ~~' : :, w •~: ;~ 2t' ~ ii~.. .W ~~ ~• 101.72 W. 30TH ,~/ J ~-I a~ ~ ~ OD V 1 AVE. Address: 7105 WEST 30TH AVENUE, WHEAT RIDGE, CO Description: LOT 4, PALMYRA PARK SUBDIVISION, (per Lender) COUNTY OF JEFFERSON, STATE OF COLORADO f-o il^~v~eas~. ~+~ ~ ~° ~ 9~';~ ^.CERTIFICATION^^ I hereby certify that this Improvement Location Certificate was prepared for: WATERFIELD FINANCIAL CORPORATION that it is not a Lattd Survey Plat or Improvement Survey Plat and that it is not to be relied upon for th establishment of fence, building or other future improvement lines. I hereby certify that th improvements on the above described parcel on I-11-1995 except utility connections, are entirely withi: the boundaries of the parcel, except as shown, that there are no visible encroachments on the describe premises, except as indicated, and there is no apparent evidence or sign of any easement crossing o burdening any part of said parcel, except as noted. This certificate does not constitute a title search t M E M O R A N D U M TO: Steve Nguyen FROM: Meredith Reckert DATE: April 5, 1995 RE: Fence height variances We have received two requests for fence height variances as follows: 1. Case No. WA-95.-7: A 2 foot fence height variance to allow an 8 foot solid fence along the rear and side property lines at 7105 W. 30th Avenue. 2. Case No. WA-95-9: A 2 foot fence height variance to allow a 6 foot high fence. along the front property line at 9801 W. 38th Avenue. Please review these requests for potential sight distance issues. The public hearing is scheduled for April 27, 1995. MEMORANDUM Approved Date TO: Meredith Reckert, Planner FROM: Steve Nguyen, Civil Engineer Sta DATE: April 10, 1995 SUBJECT: Fence height variances Public Works has reviewed the above captioned plan and have the following comments: 1. The Department finds no problem with the proposed fence height at 7105 W. 30th Avenue as long as the fence stays at the current location. 2. Reference 9801 W. 38th Avenue, the proposed fence height will have to meet the 15-feet sight triangle requirements, per City Code, do either side of the driveway. Please see me if you have any questions regazding this memo. NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on April 27, 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: A. Case No. TUP-95-4: An application by Lucile Knowlton for approval of a Temporary Use Permit to allow a motorhome to be used as a residence for a dependant care aid on Agricultural-One zoned property located at 4471 Kipling Street. B. Case No. WA-95-.8: An application by_David Rediger for approval of a variance to allow possession of a pot-bellied pig on Residential-One zoned property located at 9733 W. 32nd Avenue. C. Case No. WA-95-7: An application by Hazel Bond for approval of a 2 foot fence height variance for property zoned- Residential-Two and is located at 7105 W. 30th Avenue. D. Case No. WA-95-9: An application by T.W.. Taylor for approval of a 2 foot fence height variance for property zoned Residential-Two and is located at 9801 W. 38th Avenue. E. Case No. WA-95-10: _An application by Michael Elmont for approval of a 7 foot side yard setback variance in a Residential-One zoned property located at 6730 W. 29th Avenue. Mary Chapla, Secr tae~i~y Wanda Sang, City Clerk To be published: .April 13, 1995 Jefferson Sentinel ' ' P.O. BOX 638 TELEPHONE: 303/237-6944 The City 0/ 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033. ~ ~ileat Ridge April 12, 1995 This is to inform you that, Case No. WA-95-7 which is a request for approval of a 2 foot fence height variance to.allow an 8 foot fence in a Residential~Two zone district for property located at 7.105 W. 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 April 27, 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 desire to review any plans, please_ contact the Planning Division. Thank you. PLANNING DIVISION "The ('crrnratiaz City" E. ~ ~. (a V e ~ , 4° `~ 4 ' `~ W Ca' - r~. ~ ~ W °c" _ LLIC O ~ Q , 47 r~ ~ ~= ~ z a ..~ ~ z < '~ ~~~> -- ~I' P,_~ z___ - - •ss3adav Nan ~ 1013dO13AN3 d0 dQL r. ,y e ` '• Sid ~ ~ ~ a W^••` I W u'1 i I ' Q ~, ,..j ~ N o o ~ ~ w ~ ~ ^ a ~ s C3 ~ m ~ w ra~ro -a ~ w m ~a`' S a , "' ~ _ w + ~o N y~ ~ v M1 W N rn ~ ~ F H N ~ Z - I n. ¢ N' O W ^ ~ a z~ >~ ao = U _ ~ (~ N c7 ' ~ W U ~..1 ~+ ~1 • n q ~i G 1 ~ //// //'~'~~~ // h ~/ Yd..il 'G~j v ~ _ n 3 w ' ~ ~ ,.. ~ ~t ~~ w s ~ v a a ~a sa H fA H s ~ W¢ V2 ~~ C a _ ~ " ~ ° a ~¢ € s ,te h< ~ ~ ta, u ~ ~o +~ ~ ~~ U Z w U ~ W w N L'Ih 9hh Z`C6 d -`°---des 30tl1d LLNtllaOdWl J Q W i LL_ LIA U o ~, a ~ '. w ~ ~~ Ihg ~~ o 0 m c~ O a r ~ - -: a _ '1: A ~ iti (~ ~ E -. A, ' D ~ ~ Ln w. dy_9 - ' -. ir 6Z O : __ n _ W N O "' ; ? 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PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. ~i b j -, - m -F ~ ~ 1 ~ W to 3 C] __ W c + U m F_ o ~.._. ~ 0.._. ~_~~w d-_ - ~J ~... - n _ 6 ~4 ' ~ V m 6 .'^.. ~y "' ~ 0. ~ , ~ ,~...o...~ (n m . ~ D ~ m-1 y ao nz o ~ ~ o ~ m ; _ o " ~ ~a. ~ ~ -"mss ~ ' ~' ~~ ~«. . ~ ~~ ~ ° Ny C} ~ y ~~3 ~ ~D ~ L7!• ~i n °^`°° m o, d R g o ~a ~ nd' ~~ ' y C Q~ f~a aPoN ~. ~o m O }~ o a Q ~ a ~=q ~ o ~ ~ ~ d. ~ m tY O (~ ~ Sd°-~~ m v ~ ~f 1 ! p. ro°3_m o _ ~ o _ y ^ T L mO= Ut W ~.~~~o •~~m Cn ~ ms~D`~an[12 ' 0 q ^ to ~~ ~ a `y :~~n. vam mad ._ _ a y -a~ Ems.. ~ W fl a ~ , ~ h~ 9l m' > 9]o Tnw a. 3 ~ ~ a-. 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' V A A d 3 4 O 6 d m "O ~ o ham( < u 'n' N o N ~ K l ~ ~ ~ _ n a ~ 3 w ~ m Q µ 7] D ~ 4 T r " ~.' n m m ~ tV m 0 m n m ~ ° 0 _ (/ N N ~ v r N ~ (J ~ ~¢~~ N `G N 3' N N N N I I IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE THE RIGHT OF RETURN ADDRESS. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING: April 27, 1995 DATE PREPARED~pril 20, 1995 . CASE NO. & NAME: WA-95-7/BOND CASE MANAGER: Meredith Reckert ACTION REQIIESTED: A 2' fence height variance LOCATION OF REQUEST: 7105 W_ 30th Avenue NAME & ADDRESS OF APPLICANT: Hazel Bond 7105 W. 30th Avenue Wheat Ridge, CO 80215 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 8800 square feet PRESSNT ZONING: Single-family residential PRESENT LAND IISE: Residential-Two SIIRROUNDING ZONING: N, S, S & W: R-2 SIIRROUNDING LAND USE: N, $, E & W: Single family DATE PUBLISHED: April 13, 1995 DATE POSTED: April 13, 1995 DATE LEGAL NOTICES SENT: April 12, 1995 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQIIIRED RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (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 ADJIISTMENT STAFF REPORT CASE NO. WA-95-7 Page 2 2. REQQEST The applicant requests approval of a 2 foot fence height variance to allow an 8 foot high fence in the back yard on property located at 7105 W. 30th Avenue. Pursuant to Section 26-30(I)(1), no fence shall exceed the height of 6 foot without a variance. The property in question has street frontages on three sides; W. 30th Avenue on the south (front of the lot), Saulsbury Street on the east (side of the lot), and W. 30th Avenue on the rear (north side of the lot). It is extremely unusual for a residential lot to have street frontages on three sides. See attached Exhibit 'A'. At night, cars traveling south on Saulsbury Street from 32nd Avenue shine their headlights into the applicant's kitchen window. The applicant feels that the 2 foot height increase would buffer these car lights. The 8 foot fence would run along her rear property line (north side) to the existing edge of the house. The City's traffic engineer has reviewed this request and find no problems with sight obstruction. II. CRITERIA Staff has the following comments regarding the criteria to evaluate a variance .request. 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 is which it is located. If the variance is denied, the property could still be used as a single family residence. The variance would make the house more "livable" by blocking car lights at night. 2. Is the plight of the owner due to unique circumstances. Circumstances are unique as the applicant has street frontages on three sides. 3. If the variance were granted, would it alter the essential character of the locality. To staff's knowledge, there have been no other fence height variances granted in the area. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-95-7 Page 3 4. Would the particular physical surrounding, shape or typographical 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. Staff concludes there is hardship because of Saulsbury Street dead ending into W. 30th Avenue at the - applicant's rear property line. 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. A precedent would not be set if .hardship or unique circumstances can be proven. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. The purpose of this request is not economically motivated. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property. No hardship has been created by the applicant. 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The granting of this variance will not be detrimental to the public welfare, or injurious to other properties or improvements in the area. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion is the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The 8 foot- high fence should not reduce light and air to the adjacent property except for a length of 32 feet of common property line with the neibhbor to the north. There should be no increase in street congestion or fire danger. The public safety will not be endangered as there are no sight obstruction concerns. BOARD OF ADJOSTMENT STAFF REPORT CASE NO. WA-95-7 Page 4 II2. STAFF In regard to Case No. WA-95-7, staff has reached the following conclusions: 1. Circumstances are unique and there is hardship as the applicant has street frontages on three sides of the property. 2. The public safety will not be endangered as there are no sight obstruction concerns. r u t a LAKEWOOD \. OEti`iGI~L ZONING Mf~P WHE~tT RIDGE GOLOR~'cD0 MAP ADOPTED Last Revision: August 17, 1993 D>~ OR A.ANiHS ATD DEV130Pt8fT - ~r7852 -~ ZONE DISTRICT BOUtJDRY PARGEL/LOT BOUNDRY mE51GNATES Ol^1NERSHIP) --'~- CITY LIMIT LINE - - -WATER FEhTURE • DENOTES MI~TIPLE ADDRESSES 5~ 2C~ ^d_ m e'® scnLt: i z.ao0 CASE nth. wA-9s- ~ EXNlBIT ~A' h 7 J~20P05~ $ ~ FENGE Q' 3 . I' ~~ o W~ N ~! . St't Av E SLOT 4 •,r:' _ - _ ~~ ti FENCE u.r~ b GAR BR/CK RANCH O ~ ie. a~ ~~• a ~ c { ?'lOS •~ e- r*, ~.. CO • J I y ~ Q V (n 4` .• inl ~'~ 0 $ •~ ~U •' 101.72' J J NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Board of Adjustment on June 22, 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: {~IEZ5 1. Case No. WA-95-17: An application by Jim and Kelli Chapman for approval of a 3' 10"-side yard variance for a property zoned Residential-Three located at 3310 Benton Street. lei 5~ 23 2, Case No. WA-95-~: An application by Dale-Crocker for approval of a 1,320 square foot variance to the 2,000 square foot maximum garage-area allowed 'f or two units on property zoned Residential-Two located at 4345 Reed Street. 3. Case. No. WA-95-20: An application by Don Wieringa for approval of a variance to Section 26-410(oJ (3) of the Sign Code on the property located at 5455_West 38th Avenue. _ - 4. Case No. WF-95-3: An application by ADG Engineering for a Special Exception permit to allow the construction o_f.a commercial building within the Clear Creek 100-year flood plain. Said property is located at 7881 West 48th Avenue. r Sandra Wiggins, ting Secretary ATTEST: Wanda Sang, City Clerk To be Published: June. 8, 1995 ,____ Jefferson Sentinel b:\62295.phn • 4 P O. BOX 678 TELEPHONE: 703/277.60aa The Cify o/ 7500 WEST 29TH AVENNE . Wt1EAT fi~OGE. COLOnA00 80071 Wheat Ridge POSTING CERTIFICATION CASE N0. PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: l,P -~-2-~ I, n a m e residing at d-'h - -- - - ( a d d /~' r e s s) as the applicant for Case No. ~ ).~,f.~ ~1 ~ `~ ~] , hereby certify that 2 have posted the Notice of Public Hearing at t t -o c a d o n• ) on this y ~~-- da of , 19,8'!. , and do hereby certify that said si has been posted and remained in place for 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: / I(~`/1 D ~> NOTE: This form must be submitted at the 'p`ublic hearing o is case and will be placed in the applicant's case file at the Department of Community Development. M A P WHEAT RIDGTr BOARD OF ADJUSTMENT MINUTES OF NESTING: June 22, 1995 Page 11 Motion was made by Board Member ABBOTT that Case No. WF-95- 3, an application by Triad Machine, be APPROVED for the following reasons: 1. It is the opinion of Mr. Goebel and Mr. DeGroot that statements made by Roger Venables of ADG Engineering are in accordance with the City's Flood Plain ordinance. 2. It has also been concluded the construction of the building will not negatively impact the capacity or the flow of the flood plain. ' WITH THE FOLLOWING CONDITIONS: 1. The finished first floor elevations be no lower than 5318.0' above sea level and that a certification of elevation be done by a registered engineer at the time foundation forms are set prior to placement of concrete. 2. All other flood proofing provisions specified in Section 26-206(F) of the Wheat Ridge Code of Laws be followed. Motion was seconded by Board Member SANG.' Motion carried 8- 0. Resolution attached. E, - e O:':3A=~~"= T An application by Hazel Bond for approval of a 2 foot fence height variance for property zoned Residential-Two and is located at 7105 W. 30th Avenue. Meredith Reckert presented the staff report. All pertinent documents. were entered into record, which Chairman JUNKER accepted. Board Member HOWARD asked for review of where the 8 foot high fence be, and Ms. Reckert pointed out on the overhang and said 'the applicant would not be doing anything to the chainlink fence that is in the foreground, just the existing cedar fence in the back. Board Member HOVLAND asked if the proposal has the other little piece of fence going over to the building, and MS. Reckert said that. was the applicant's original proposal. Board Member ROSSILLON asked about the house behind and Ms. Reckert replied there is a house that faces Saulsbury Street. and she ds not sure of the setbacks, but it appears to be about 30 feet. WHEAT RIDGE BOARD OF ADJQSTMENT MINUTES OF MEETING: June 22, 1995 Page 12 The applicant,,Haze1 Bond, 7105 W. 30th Avenue, was sworn in. Ms. Bond said she had brought this request in two months ago, but her neighbors were concerned about increasing the fence height and shading their driveway and causing ice build up in the winter, so she amended her request and had continued her case. The problem is not only with car lights, but also she needs privacy from people in the cars looking in the window. Board Member ECHELMEYER questioned if the applicant needed the 8 feet on the corner that comes north, and Ms. Bond said if there is a strong objection to that she would not have a problem with changing it,-she just thought it would look better at 8 feet. Board Member HOWARD wanted to know if the 8 foot section will tie in at the corner and is the fence-going to be graduated from 6 to 8 feet; and Ms. Bond replied she will do what 'is most aesthetically pleasing. Ms. Reckert added when the applicant applies for a building permit staff can go through some different scenerios with her that allows some latitude. Ms. Bond said she will try to use the same fence pattern, something that will give privacy in the back yard but she has not really decided exactly how she would do it. No further questions were asked of the applicant. Motion was. made by Board Member ABBOTT that Case No. WA-95- 7, an application by Hazel Bond, be APPROVED for the following reasons:' 1. The variance can make the house more livable by blocking car lights and sound from adjacent street. 2. Staff concludes there is a hardship because 'Saulsbury Street dead ending into W. 30th Avenue at the applicant's rear property line. 3. A precedent will not be set. 4. The 8 foot fence height should not reduce light and air to adjacent properties. WITH THE FOLLOWING CONDITIONS: 1. This variance is for the 20 foot north-south section and the 69 foot east-west section only. 2. The 8 foot portion of the fence-must drop gradually to 6 feet within 5 foot of the 32 foot east-west section. Discussion followed and Board Member ROSSILLON motioned to ~ propose an amendment that the front yard section be permited to be eight feet, and was seconded by Board Member HOWARD. WHEAT RIDGE BOARD OF ADJUSTMENT ~ MINUTES OF MEETING: June 22, 1995 Page 13 Board Member ABBOTT withdrew his first condition. The amended motion was seconded by Board Member HOVLAND. Motion carried 8-0. _Resolution attached. 4. CLOSE THE PUBLIC HEARING 5. OLD BUSINESS 6. NEW BUSINESS A. Approval of Minutes Motion was made by Board Member SANG, seconded by Board Member ROSSILLON, that the minutes of May 22, 1995; be approved as printed. Motion carried. 7. ADJOURNMENT Motion was made by Board Member HOWARD, seconded by Board Member ROSSILI,ON, that the meeting be adjourned. Meeting adjourned at 9:40 p.m. Q Mary Lo hapla, Sec etary c _ 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 22nd day of June , 1995. CCA^~E_-NO WA-9S-7 APPLICANT'S NAME: Hazel Bond LOCATION: 7105 W. 30th Avenue Upon motion by Board Member ABBOTT , seconded by Board Member HOVLAND , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of_Adjustment Application, Case No. WA-95-7 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-95-7, be and hereby is APPROVED. TYPE OF VARIANCE: A 2 foot fence height FOR THE FOLLOWING REASONS: 1. The variance can make the house more livable by blocking car lights and sound from adjacent street. 2. Staff .concludes there is a hardship because Saulsbury Street dead ending into W. 30th Avenue at the applicant's rear property line. 3. A precedent will not be set. - 4. The 8 foot fence height should not reduce light and air to adjacent properties. ( WA-95-7/RESOLUTION Page 2 WITH THE FOLLOWING CONDITION: 1. The 8 foot portion of the fence must drop gradually to 6 feet within 5 foot of the 32 foot. east-west section. voTE: YES: Abbott, Echelmeyer, Hovland, Howard, Rossillon, Sang and Walker NO: None DISPOSITION: Fence height variance granted by a vote of 8-0. DATED this 22nd day of June, 1995. C. USAN JUNKER Chairman Mary L u Chapla, Sec etary Board of Adj stment Board o Adjustment