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HomeMy WebLinkAboutWA-92-6The Cify of Wheat ADMINISTRATIVE PROCESS APPLICATION GRid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant_/~jdsn9s /y~oggon/ Addressf~sg~ ~~-~9z°l phone ~..3~-~0~1 Ovmer ~1~~AM~1 ~ ~ ~oin~as ~r/r/R~fS~~J ddres ~_ J~~h~,~y;du,~ Phone ~'g~C Location of request /'~..s8's'- W-- R 9 ~,.~,,,,, ~_ Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ^ ** See attached procedural guide for specific requirements. _ Detailed Description of, ran„as+ L~7,~.,. j~ Variance/Waiver u Nonconforming use change -Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other r List all pes':SOns and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. .^ ADDRESS PHONE I certify that the information and exhibits herewith submitted are true and correct to the_best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action ca}not lawfully be accomplished. Applicants other than owners cg s submit poy~r-o£-attorney from the owner which approved of this acts hiG haha7 ~. and sworn to methis ~,L.7 day '= I T Y OF WHEAT F.:IP~~E 75,-'r' W ~'3TH AVE.. F', 0. BOX G?8 WHEAT RIDVE. COLORRDC3 8i)c13~#. r 19 92 DATE PAID: RF'F: ,:ri. l30'2~ f~:ECEIVED FF.'OM: THOMAS E. MOMDh:ArCIN DESCF'IF'TION: BOA VAF:IANCE AMOUPdT I_HE[:4:`: ~Ji).i)(i CASH: ~t).ci(r tiHAF,'GE: ~U. Ci0 M©NEY ar•.:DE~~: fin, ~rci !~ HECF:: IVG: 4 r5 AMOI.thIT F:Et:EIVED: `~SCr,itt~ OF'R ID: ~I-lE~ RECEIP'T' ND: 4748 CTD ~~ ! a)i3 ( ~ 1'.P '.-2.. ~: Recorded at.. ........ _ .. .o'clock._:.~.....Y........._._..._ _ d' ~~ 1F 7 ~ T ---........_ 13f7 ~I,'.;~6-t''.,f 8~~~;~..........____ 2981 404 ~'!j ,- Reeepfton No ................_..`_....._..._. - - - _ -Recorder. f tl1 N t .. i.Lf,l n i `;r50n~d4 v. b. ~? ~ o; D3I4 DEED, Made Ode22nd dray of March ~- ~ ~•~ 19~Ii7~ 1 FLING STAMP ~' ' DONALD V. COMPTON and BETTY L. COMPTON ~ between ,_ ,_ as husband and wife of the county of Jefferson and strata of Colorado, of the fire! part, and THOMAS E. MONDRAGON and PORFIE E. MONDRAGON 12585 W. 29th Ave. Lakewood, Colo. 80215 of the County of Jefferson and stale of Colorado, of the aeeond part: W[TNESSETH, that the said pertp of the firs! part, for and in coneideratian of the sum of THIRTY EIGHT THOUSAND FIVE HUNDRED AND NO/100THS----------- DOLLARS and other good rand valuable eomideratiops to the said pncty of the Lrsf part in hand paid by the said parties o[ the second part, the receipt whexof is hereby confessed rand acknowledged, hen granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said part[ea oL aeeond part, thek heirs end aseignn forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Jefferson end State o[ Colorado, to wit: Lot 9, Block 4, MAPLE GROVE VILLAGE BLOCKS 2 THROUGH 10 ~w i~llso known as street and number 12585 W. 29th Ave. ~: ~' a` '~ TOGECHER with all and singular the hereditamenU and appurxnancee thereunto belonging, of in nnywiae rte,., ~ appertaining and the reverafon and xvenions, remainder and remeindera, rent, issues rand profits thereof; and Y j all the estate, right, title, Interest, dnim and demand whatwever of the avid party of the flat part, either in law or a equity, of, in and is the shove bargained premises, with the hereditamente and appartenancea. ' ~~ ~~ ~ TO HAVE AND TO BOLD the said premises above bargained and described, with the nppurlennnces, unto the t t~ ; - 'said parties of the sernnd part, their heirs and assigns forever. And the said patty of the flrac part, tot hitaseH, his ,~ ~ y hairs, ezecuton, and administrators, does eavenanq grunt, bargain rand agxe to and with the said parties of the ', O ! ~aecond part, their heire and assigns, the! at the time of the eneealing and delivery of these preaenW, be V well seized N ~ 7~,ypf the premises above conveyed, ae of good, aux, perfect, absolute cad indefeasible estate of inheritance, in law, in • ~ '- ~ 'See simple, and has good right, full power and lawful authority to grant, 6ergain, x811 and convey the same in manner • and form aforesaid, and [haL the same are free and clear from all former and other gents, hargaina, anlea, liana, taxes, assessments and encumbrnneea of whatever kind or nature soever, eXCe pt general tares and assessments for the year 1977 payable in 1978 and subsequent years, Subject to right of way, utility easements, and restrictions sow of record. and the above bargained premises in the quiet and peaceable poeaesa[on of Wa said parties of the aeeond part, the survivor of them, their aeaigna and the heirs and assigns of such survivor, against all and every person or persona lawfully daimktg or to claim the whole or any part thereof, the said party of the fiat part shall and will WARRANT ANll FOREVER DEFEND. The singular number shall include the plural, the plural the ainguiar, end the use of any gender shall be applicable to all gendere. IN WITNESS WHEREOF the said party of the Sint part has hereunto set his hand and seal the day and year first above written. ~ ~ /~ ~~// D 4 Signed, Sealed and Delivered in the Presence of l ../S^..~iR.. ~.!...C.f'......~_....r~'~ .W1-~[9EAL] .Donald V. Compton, hl3sband ..................................................................................................... ...........................................................__...~_ [SEAL] //J~ y // ..__.........._.._ ..............__...........,.................................................. ..!a!,c:L~`/._LrL....._L..~~.iyc3.~i............._... [SEAL] Betty L. Compton, wife STATE OF COLORADO ss. ~~i. ;' County of ~u'%:fe[sun ' The foregoing ibatrumenl was acknowledged 4efore me this dray of , 19 , 'bp Donali]~V.• Comptoa and Betty L. Compton, as husband and wife !.My Commlaafon expir`da June ::O , 39 77 Wttnem my hand and official, seal. _, .r i :., .. , . , J _ _ Net.n Public a ~ No. 921A. WARRANTY DEFD. re Joiwt Tenmt...B,Wfard PUbliobin6Ca., Ia24165bat atreen Denver. CObnJO -a-06 ~I / i t%' • 2981 4n4 V ~I - I ~~= ..... ~. ~~ :5 _. , ... 1 1 ` ,. ,.' s,-• ~ } ii* P ~,, li: i'r NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on April 23, 1992, at 7:30 P.M., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No WA-92-5: An application by Nina Macy for approval of a variance to allow an additional elderly group home in a district that already has the maximum number allowed. The property is located in Council District I at 2845 Newland Street and is legally described as follows: The North 105 feet of the East 150 feet of Plot 4, Block 7, Henderson Subdivision according to the Amended Plat thereof, County of Jefferson, State of Colorado 2. Case No WA-92-6: An application by Thomas Mondragon for approval of a 4' variance to the required 30' front yard setback as regulated in the Residential-Two zone district. The property, is located at 12585 West 29th Avenue and is legally described as follows: Lot 9, Block 4, Maple Grove Village Blocks 2 through 10, County of Jefferson, State of Colorado 3. Case No WA-92-7: An application by Sara T. Thomas for approval of a 15' variance to the required 30' side yard setback as regulated in the Residential-Three zone district. The property is located at 3865 Newman Street and is legally described as follows: Lot 35, Estes-Hahn Subdivision, County of Jefferson, State of Colorado 4. Case No WA-92-8: An application by Don and Rebecca Osborne for a 10' variance to the required 15' side yard setback as regulated in the Residential-One zone district. The property is located at 12081 West 32nd Drive and is legally described as follows: Lot 10, Glen Brook Subdivision, County of Jefferson, State of Colorado ~~y...e~~~_ Ma o Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: April 9, 1992 Wheat Ridge Sentinel . P.O. BOX 638 TELEPHONE: 303!237-6944 - - - The Clry Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge April 7~ 1992 This is to inform you that Case No. WA-92-b which is a request for approval of a 4' variance to the required 30' front yard setback in a Residential-Two zone district. for property located at 12585 West 29th 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_: 3D P.M. on April 23, 1992 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 Carnation City" tcu rc ~v Yr -~_ ~-~ ~~~ {I~ Q Ill CD ~ Q L.! cer ¢ ~~.'t °' . ~~~ ~ tt7 = G xH ~~3 ~~~I~IS:f/A c ~ ~" „"~ t ~ ~ , `r as F..;... ~o ~ 4 "~,~ ' -,~ o ~ ~ 1moGE ~" a ~ ~ ~,~ s ~ o ~= . a A~- ~ ~ 4' o ~ ~ ea a ~ a N m 0 If' LL L<'1 .y N O W t, N O ?+ U N }J J-1 V] ri N •~! ~ m x ov m v a ~ ss N 0 M O W O ~ O O o, ~ ~~~ U ~ ivy ti ~~ w m C7 m W a3 alep ~o IPewlsod seaj 8 e6elsad 1V1Q1 /~enpap to ssaiPpy 8'alep 'woypn W 6u!moyg Id!axtl wnlatl Palen9ap elep g woyM W 6uiMOyg ldiaaatl wnlatl eatl Nengap Pa1~Plsey aatl /~&v,!a0 le!Padg _ aaj Pay!ye~ d 3 w O O L c m m 0 ~IZOB 00 `a8p?g asac~ ~aaz~g uouag 0£6Z z~Z?g satzscj0 ~3N?J~!~ 2i3~t. I - - -- of luag ~ - - IleW leuoilawalul ~o~ asp lou oa paplnad a6e~anop aouemsul oN }d~aoaa oiey+y pai><l~a~ 860 5'C2 L06 d r Yr. ~° e ~ , 6!r q ` ~.A1 S f.~ ~ ! J "~ E l u -r zn .r„ sr '_~ ~~ t'_ i C ... .tee ~ . s ~. Y__ _- ~_ { P 907 3,15 f799 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail ,~ ~• (See Reverse) , Keith Pettera 125.65 W. 29th Avenue Wheat Ridges CO 80215 rn m c P 907 115 tJ96 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail ,~~ (See Reverse) Josef. Schweitzer 2900 %enon Street Postage Q `P Certi7ied Fee - Special Delivery Fee ~ ~ ~- Restricted Delivery Fee Return Recelp[ Showing ~ - to W hom S Date Delivered _ - - Retum Receipt Showing to Whom, Daze, d Address of Delivery P 9~7 17,5 X97 Certified Mail Receipt No Insurance Coverage Provided ~ Do not use far International Mail (See Reverse) Thomas Mondragon 12585 W. 29th Avenue Wheat Ridge, CO 80215 m G O m C1 E IL w ~- - -a Postage - - ~- Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom & Date Delivered Return RecaipT Showing to Whom, Data, 8 Atldress of Delivery TOTAL Postage - _ _ _ - & Fees Q W Postmark ar Daze ..~ Jxaxm - - - --u O N D m ,; ~ - m ~ o m m :, m ~~x ~J7- _ I m N N. tg rs w m I 1 n D D - cn ~'-:' :..:y m °' ~'..~ ~ £.. S. ~ ~ '..c ~ ~ ` QQ IN r hi+% :o r'ty h'i , ~: w . fD ' ~ ~ ;. b G" . i. , - ~ N N., Fr o ~ -1 ? X m X rn _ __- __ ~' rn D e c~ ~~ ~ 9 mS m nm a o~ 0 n ~. _ .--W a m M m m '~ _ c y m ___ ~ m y a 0 O ,. [D q tR - w o rg rt rn PC n ~ ~ -a ~~ m Nin ..d~~Z S o~aQaam m-.n• a ~o»» •• c m® m f~:,mm i; o m°6~» ~ _- - ~7 ' (O J ~( m ~( m _~ _ (a - JOO~dC • -fir-- _p m v? ~ ~m n~omm =:m m. m m Tm ~3 n0 " m _tJ ~f0 o . . G .. 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Location of Request: 12585 West 29th Avenue Name & Address of Applicant: Thomas Mondragon 12585 West 29th Avenue Wheat Ridge, CO 80033 Name & Address of Owner(s): same ----------------------------------------------------------------- Approximate Area: 9,085 Square Feet Present Zoning: Residential-Two Present Land Use: Single-Family Surrounding Zoning: N:, ~:, E: Residential-One ~: Arvada Surrounding Land Use: N:, E:, W: Single-Family S: Arvada Date Published: April 9, 1992 Date to be Posted: April 9, 1992 Date Legal Notices Sent: April 9, 1992 Agency Check List ( ) Attached (Xx) Not Required . Related Correspondence (XX) Attached ( ) None ----------------------------------------------------------------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ).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-92-6 I. REQUEST Page 2 The applicant is requesting approval of a four (4) foot variance to the required thirty (30) foot front yard setback to allow the construction of an entry addition. II. SITE The property is approximately 9,085 square feet in area and contain a 1,675 square foot single family dwelling. The dwelling currently meets all required setbacks. The applicant has proposed the construction of an entry addition. The addition is to be approximately twenty-seven (27) feet wide and eight (8) feet deep. The addition encroaches into the front yard setback four (4) feet thus requiring the approval of the requested variance. III. FINDING OF FACT 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? The property has been yielding a reasonable return in use for several years, and will continue to if permitted to be used only under the conditions allowed by Section 26-15; and 2. Is the plight of the owner due to unique circumstances? There are no circumstances that could be considered unique as the property is of the same size and shape as most other sites within the immediate area; and 3. If the variation were granted, would it alter the essential character of the locality? The granting of the requested variance could alter the essential character of the local neighborhood as no front yard setback encroachments exist; and 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? There are no particular physical surrounding, shape or topographical conditions involved that would result in a particular hardship upon the property owner. This request is therefore for the convenience of the applicant; and 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? BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-6 Page 3 The granting of this variance will result in the setting of a precedent for similar requests as no other front yard setback encroachments exist; and 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? The purpose of the requested variance is to enlarge the residence by adding an enclosed entry; and 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant has not created any hardship; and 8. Would the granting of the variations 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 would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood; and 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? The granting of the requested variance will not impair the adequate supply of light or air to adjacent property nor increase the congestion of public streets or increase the danger of fire or public safety. IV. CONCLUSION & RECOMMENDATION Based on the preceding "Findings of Fact", Staff has reached the following conclusions: 1. The property has been yielding a reasonable return in use for several years, and will continue to if permitted to be used only under the conditions allowed by Section 26-10 and 26-30; and 2. There are no circumstances that could be considered unique; and 3. The granting of the requested variance could alter the essential character of the local neighborhood; and 4. The granting of this variance will result in the setting of a precedent for similar requests; and BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-6 Page 4 Based on the conclusions derived from the preceding "Findings of Fact", staff would recommend that Case No. WA-92-6 be DENIED. G-1~ v 3 RG- I I I J'i _~ ~ ~ ~ u ~ z ~ _ _. I o c~ ~ X 3 3 - ~./ W /, n t CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 23, 1992 Page 11 y~-~Z &`~` An application by Thomas Mondragon for ~`- appro~also~a 4"variance to the required 30' front yard setback as regulated in the Residential-Two zone district. The property is located at 12585 West 29th Avenue. No questions were asked of staff. Tom Mondragon, 12585 West 29th Avenue, was sworn in. Mr. Mondragon said he will be retiring soon and wants to be able to live in his house comfortably. Mr. Mondragon said the problem with his house is it has only one entrance way, so all traffic goes through the front door. He has replaced his carpet nine times over the years, and feels this entry room will save on some wear and tear, and plus he would like to have a solar room. Mr. Mondragon stated it has nothing to do with enlarging the residence or for making a profit. Mr. Mondragon said the house next to him sets four feet further towards the street, so he didn!t realize he even needed a permit for this structure. Mr. Mondragon added he has spoke to his neighbors and they are all in favor of his proposal. Mr. Mondragon explained his proposal in more detail._ Board Member RICE told Mr. Mondragon if he only made the entry-way 4', he would not need a variance, and Mr. Mondragon repliedhe did not know he needed a variance for this, he dust wanted to be safe. Chairman BERNHART questioned if a 4' wide entry would be adequate, and Mr. Mondragon answered no, because the door is 3' wide and turn around room will be needed. Board Member ABBOTT asked what is the length of the addition, and Mr. Mondragon pointed out it will be from the garage to the window. Board Member HOWARD asked the applicant, in his opinion, is this actually an enclosed porch, and Mr. Mondragon said yes, basically it is an enclosed porch with brick and solar panes in the windows. Board Member HOWARD asked if the porch would be finished on the inside, and Mr. Mondragon answered no. No further questions were asked of the applicant. Board Member HOWARD asked staff if this is considered a porch, what kind of footings and foundation are required, and Mr. Moberg answered that is up to the building official and he does not know exactly how they regulate uninhabitable space. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 23, 1992 Page 12 Mr. Moberg continued saying if it is enclosed, our code does not consider it a porch, it is habitable space and therefore, would have to meet all building codes. Board Member HOWARD said due to the fact the applicant indicated it would be totally enclosed, then it is basically an addition to the house which would require footings, foundations and everything, and Mr. Moberg answered certainly. Motion was made by Board Member ABBOTT, that Case No. WA-92- 6, be approved for the following reasons: 1. The proposed-structure would be allowed by right to be four feet in width, however this width would be non- functional, cost effective, or practical._ 2. A hardship is caused by lack of a practical entrance from the garage into the house. 3. This proposed improvement would generally improve the overall appearance of the neighborhood. 4. The improvement will be constructed to match the existing architecture o£ the house. WITH THE FOLLOWING CONDITION: 1. A building permit will be obtained from the City. Motion was seconded by Board Member REYNOLDS. Motion carried 6-1 with Board Member HOWARD voting no. Resolution attached. C. G~se No. WA-92-7: An application by Sara T. Thomas for approval of a 15' variance to the required 30' side yard setback as regulated in the Residential-Three zone district. The property is located at 3865 Newman Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Board Member ABBOTT asked staff if there had been any correspondence, and Mr. Moberg said he has not received anything for or against. Board Member ROSSILLON asked if the fence was on the property line, and Mr. Moberg answered when they measured the fence, it was very close.. Chairman BERNHART wanted to know if the five foot utility easement is in the rear of the property, and Mr. Moberg said yes. No further questions were asked of staff. 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 23rd day of April 1992. CASE NO: WA-92-6 APPLICANT'S NAME: Thomas Mondragon LOCATION: 12585 W. 29th Avenue Upon motion by Board Member ABBOTT seconded by Board Member REYNOLDS the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-92-6 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. NiA-92-6 be and hereby is APPROVED. TYPE-OF VARIANCE: A 4' variance to the required 30' front yard setback in a Residential-Two zone district. FOR THE FOLLOWING REASONS: 1. The proposed structure would be allowed by right to be four feet in width, however this width would not be functional, cost effective or practical. 2. A hardship is caused by lack of a practical entrance from the garage into the house. 3. This proposed improvement would generally improve the overall appearance of the neighborhood. 4. The improvement will be constructed as to match the existing architecture of the house. WITH THE FOLLOWING CONDITION: 1. A building permit will be obtained from the City. VOTE: YES: Abbott, Bernhart, Junker, Reynolds, Rice and Rossillon NO: Howard DISPOSITION: Variance is granted by a vote of 6-0. DAT~•D hi 23 d y of April, 1992. JO BERNHART, Chairman Mary ou ~hapla, Sec etary Bb rd of Adjustment Board of Adjustment