HomeMy WebLinkAboutWA-92-7CIN OF WMEA7 RIDGE
~rna crry or
~Whe at ADMINISTRATIVE PROCESS APPLICATIO ~ ~A 5 t
~RidO~e Department of Planning and Developm ,i'_.
b 7500 West 29th Ave., Wheat Ridge, C0 ~~G ~
'G~~ Phone (303) 237-6944 ,..,., yT
Applican~Jy-p(Z/~} -j-' T~-p/b~}S Address38~ ~~~,.,,{~, S7 Phone `~~.~- ~~>) ~ 7
Owner`s T ~/I^~-s' Address~j_fj-rk~ ~q~ ,q~~y~ Phone~/LS'~~/~j''~
Location of request 3 ~b ~ ~~.2,jc/m~. c~~- ~ ~O'"K- '~66--zy+'g
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
Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
LlNOnconforming 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
Detailed D scriptio of request Lf~gyt~ ~ ~/~ Z ~~, ~~~~.
List all persons and companies who hold an interest in the described real
property,. as owner, mortgagee, lessee, optionee, etc.
PHONE
~~ rl' e Ic~ 1 I~ l~Z 704
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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 cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from-the owner
which approved of this action on his behalf.
Signature of Applicant
Subscribed and sworn
SEAL
^
My commission expires
~a ITY OF" WHEAT ~:IDi3E -
75nC> W 9TH AVE.. F'. O. L-sOX 638
'ill-IEA'f P..IDu'E, i=OLDP..AD(j 8ticj3q.
DATE F'AID: AI--~F? p1, f~i9~:
F.:Ei:EIVED rF:ClM: N::EIVIVETH ~~. THOMAS
BESr:pIf'l'ION: BOA VAF:IANr:E
AMOIJIVT t_:F-IEf'k::: ~„~-,tj. irC>
i ASH: `~Cr. ~>0
MOfVEY OF.DEI :': 3cj. !jij
AMOUNT F:Ei=ETVED: ~aCr. C%~r
me this ~a -daY of ~, 19_ ~/ ~-~ _ _. .
CtF'G' .T.D: SHF..I_.. F.'EC:E.T.F^T NO:#7447
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WARRANTY DEED
THIS DEED, Made this 24TR tlay of FEBRUARY
1990 betwttn
PETER C. ADAMS and UTE M. AvAAfS
of rise County of JEFFERSON and State of COLORADO, of the
Ilrst part, antl
SARA C. TIFFANY
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
RECEPTION NO. 90049005
06/12/90 1;7.20 10.15
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Whoa legal addmss is 3865 NELTLIN, WHEATRIDGE, COLORADO 60033
o[ the SAID County of JEFFERSON and State of COLORADO . of the sttond part:
NITNESSETIi, That the said party of the first Dxt, for and In <onsidcmtion of the sum of
FIFTY ONE THOUSAND FIVE HUNDRED AIiD NO/IOOTflS------•~--------------------- DOLLARS.
(S 5l .500.00 ) to the ufd party of the tint pace !n hand p .d by the acid party ~f the xcond part, the
racipt whereof (s hereby confessed and xknowledged, haz granted, .argalned, sold and conveyed, and by then
presents doer gran[, bxgaln, all, convey and mnflrm unto [hem 6 parry of the ittortd part, his heirs and
assigru Corcver, all the [ollaw[ng darribed lot or parcel of land, situate, lying antl be[ng in the County of
JEFFERSON, and State of Colorado, to wiu
LOT 35,
ESTES-IIAI[N SUBDIVISION,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
also known by start and number ss ]865 NEWMAN, WIIEATRIDGE, COLORADO 800J3
TOGL•lf[L•R with all and singular the hcrcditamrnts and appurtenances thereunto belonging, or In anywiu
appertaining and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all
tlw estaM, dgh[, rifler, Intcmt, claim and demand whatsoever of [he vld party of the fir..[ part, either in law err
equity, of, in and to the above bargalncd pmmtsa, with the hercditamenls and appurtenances.
1'O I[AVC AND TO I30LD the aid prcmisa above bargalncd and described, with [he appur[esanca, unto
the said party of the sttond part, h[5 heirs and asigns (Dauer. And the uid party of the fiat part, !or himulf,
his hcin, ezceu[ors, and administmrors, does covcrunt, gran[, bargaln, and agree to and with the mid party of
Ne sttond part, his hcin and assigns, that at the time of the cnsealing and delivery of rhea nmenu, he is well
scivcd of the premises above canveyetl, as DI good, sure, pcrCttt absolute and indefeasible aW[c of inheritar¢e, in
law, In [a simple, and ha good right, full power and lawful authority to gnnq bargain, sell and convey the
same in manner and form afomuid, and [bat the same are far and elar f[om all former and other grants, 6ugalns,
ula, liens, taxer, sssasmen[s, encumbrances and rvtric[lom of whatever k(nd or ruture soev<q except (or taxer
for the wrrenl year, a Ilan but not yet due or payablq essemenls, reslridlons, rarrralions, eoytwtb and
rights-of-way of raord, 1f any, .
and the above-bargained prcmlm in the quit[ and pcxnble possession of the said party of the sttond part, his
hcin and assigns against all and every -crson or persons IawNlly claiming or to claim the whole or any part
thcrcol, and said party of the Iirst part shall and will WARRANT AND FOREVER DEFCND. The singular
number shall include the plural, the plursl the aingular, antl the use of any gentler shall Oc applimble to all
genders.
IN WITNESS WFfERL•OF, [he said party of the first par[ has hereunto ut his hand and seal [he day end ynr
firs[ above written.
Signctl, Soled and Del ivercd in the Prescott of
PETER C. AD 'S
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STATC OP ~~/J'/~~~ )
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COVNTY OP _/f~a/~~/ir )
The [omgoin instrument wu xknowledged before nie 'Utis ~ day of ~ ~ / ,~~Z by
rRrr;R c. nunMS and u•n; ref. nun MS ...~ .;--••-..'
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';. Wl4aas mY hand and official srul.
MyCommissignexpiresJuly22,1992.•..'• ,Y':-' tMycommis:iDnexpircs: 7,,?r:9'
4350 Wadsworth Boulevard o ,; ,;; •,,= .,
Wheat Ride, CDloradD 80033 `;L ~'..: ~ ' >,! r
.. ~ ....., .d, Navy P+Wo
N,.9al~w. WwRRwNTV D6D
JUL S 19!
RECORDED
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N° E58228 30IDAYSEFROMYDATE OF ISSUE. BOOK 1Q3 691
NOTE: THIS IS q MARRIAGE LILENSE~NOT q MgftRIAGE CERTIFICATE. IF IT Is Noi OLEO.
TXL RFRIOH TO WNON IT 16 OELIVENFO MUET REiVRN li PPOMPfLY i0 TN[ LOVNTY CL[RI{ AHD RL~
caftoin wep umm rt' COUNTY CLERK AND RECORDE
JEFFERSON COUNTY COLORAD
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STATE OF COLORADO, ~ ~ -f.Z-k-~iJG~ ~~ .n~L_.~ -. l~
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`` (NS• My Commission Expires July(~,'.Y, 1994 /U~~~-
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return to 3865 Nuumtt St (cheat R.i.dge, CO 80033 _ 1~3 691
TM1IS CCrlificale, duly ex¢cuted tpRether wllh the License, must be n9Urned by the minls[er pr ofrlcer who shall have solemnised the marri.T@4 In
the office of the County Clerk whp issuetl [be some, promptly. Pemlly provided by law for failure to OO so. NLeeLlLS Gnwp CO
NOTICE OF PUBLIC BEARING
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,'
Hlock 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
Ma o Chapla, Secretary
ATTEST:
Wanda Sang, City Clerk
To be published: April 9, 1992
Wheat Ridge Sentinel
P.o. Bex 638 TELEPHONE: 303/237.69dd The City of
7500 WEST 29TH AVENUE • Wt1EAT IiIGGE. CGIGitAGO 80033 wheat
Ridge
POSTING CERTIFICATION
CASE N0. ~~~-~Z-`j ~- ~~-
PLANNING COMMISSION - CITY COUNCIL - OARD OF ADJUSTMENT (Circle One)
HEARING DATE: ,~j0/', ~ ~ / 9 °~ Z
I,
n a m e
residing at
a d d r e s s
r
as the applicant for Case No. ~/~} - ~ Z ~ ] hereby certify
e
on this ~~~~ day of ~~-~ ~ , 1~~ , and do
hereby certify that said sign has been posted and remained in place for
fifteen (15) days prior to and including the scheduled day of public
hearing of this ease. The sign was posted in the position shown on the
map below.
NOTE:
M
i
Signature: \~'~,~L~/~i
This form must be submitted at the public hearing on this case
and will be placed in the applicant's ease file at the
Department of Community Development.
f` Ua
1~~ .~ 5~-
M A P
that I have posted the Notice of .Public Hearing at
_ P.O. BOX 638 TELEPHONE: 303/237-6944
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033
April 7, 1992
The Cify of
Wheat
Ridge
This is to inform you that Case No. WA-92-7 which is a request
for approval. of a 15' variance to the required 30' side yard setback
in a Residential-Three zone district.
for property located at 3865 Newman 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 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"
' ~~~A -~a--~
• SEISDEH: Comp~ete items 1 t
3 and 4.
Put your addreae in the "flETUflN ~
cardirombefnptetumedto you.Th
1 to end the date of deirva . For a3d~
mr reea ena cnecK ox ea for edd~
'f. L7 Show to whom daifvered, d
I (Extra Q
~ 3. Actic~l~'4ddces~~tl'tfl:i. ~ „
James Guderski
10695 w. 38th P:
WheaC Ridge, CO
I A
I X(~ignatu e- d ess'
, ~'~B.~Signature-Agent
~ ~~
; 7. Qate of Delivery j`I~
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d~, il'~'~ i ~n ~
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• SENDER: Complmte items 1 ~
3 and 4.
Put your eddress in the "RETURN
card from be~ng returned ta you. T i
to and the daie of delivnrv. For e
ror tees antl CnecK tloxW9) tor add
7. ^ Show to whom'd6liver~d,aJ
(~ro 4 .
3. Article A~3{i~4sed~0~ I 1 I~ ~
;h
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Geoxge Sittn.er
7038 Van Gordoi ~
Axvada, GO 80i I ~
5. Sigo re - Addres`s / '
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8. Signature -F Agent ,
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~ SENDER: CompYete ftems 1 end 2 when eddkional aeMCes are deslred, and complete items
3 and 4.
~t your eddresa in the "RETURN TO" 9pace on the raverse side. Failurm to do this wlll prevant this
rtd trom being rolSthBdln You. Tfie ~atum racel t fee will rovide vou tha name of tha nerson delivared
, and the date af HeliVeN. For e ione ees t e o owmg servmes are aval a e. onsuit postmaste~
~r fees and c,hec ~ es ~ for add~tional servicele) requested.
1. ^ Show to wliom t}gf~~ared, .da'[e, and 'addressee's addrass. 2. ^ Restrlcted Delivery
' (C4tra"Uaargel', . (ExtmcMrge)
8. Rlrqiole,:gdtl~as,sed~to,-_:~_} ,'~I, ., I.!,~,~~,.! i,__ _ .. 4. Article Numbar
t" (' R(~;l 1l5 1C~~3
~ A s` 1 F, :~.- :.:. 'rype of Service:
Sara T.'..~Thoii~,~~ R~~ .` Res~teraa ^ insured
3865'3deteinai~ Stzeet~ ' ~can;s~aa ^ con
SJheat IZ1C1 E CO SOO3~ ' ~ Expresa Mail ^ Retum Receipt
g f for Merchendise
Signatur~--,A~d~r' ss
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o. Signature - Agent
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Alweys obtain signatura ot addressee
o~ agent and DATE DELIVERED.
8. Addressee's Address (ONLY if
requested and fee paid)
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P 9D7 115 1[72
Certified Mail Receipt
No Insurance Coverage Provided __
Do not use for International Mail
(See Reverse) - - -- .
Doris Mitchell
__3860 Oak Street
P 9Q7 115 101
Certified Mail Receipt
No Insurance Coverage Provided
~~ Do not use for International Mail
;,~a; ~ (See Reverse) _ _ _ -
Sacqueline Keasling
3880 Newman Street
P 907 115 1-QQ
Certified Mail Receipt
No insurance Coverage Provided
~~ Do not use for International Mail
~^„^ (See Reverse) _ _
- -_ +-
Orval Reeves
,___ 3875 Newatan Street
P 9D7 115 154
Certified Mail Receipt
No Insurance Coverage Provided
~~ Do not use for International Maii
,~ ,~ (See Reverse)
Danny Hauser
3870 Newman Street
W[ieat Ridge, CO 80033
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Special Delivery Fea
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Res[ricteo Delivery free
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date of Meeting: April 23, 1992
Case No. & Name: WA-92-7/THOMAS
Date Prepared: April 15, 1992
Case Manager: Greg Moberg
Action Requested: Approval of a fifteen (15) foot variance to the
required thirty (30) foot side yard setback as regulated in the
Residential-Three zone district.
Location of Request: 3865 West vo-t:T?~"e ~~~"`-S~
Name & Address of Applicant: Sara Thomas ~~
3865 ?3~,'°'~__ce'~~~"`
Wheat Ridge, CO 80033
Name & Address of Owner(s): same
-----------------------------------------------------------------
Approximate Area: 9,211 Square Feet
Present Zoning: Residential-Three
Present Land Use: Single-Family
Surrounding Zoning: N:, S:, W;, E: Residential-Three
Surrounding Land Use: N:, S:, E:, W: Single-Family
-------------------------------------------------------
Date Published: April 9, 1992
Date to be Posted: April 9, 1992
Date Legal Notices Sent: April 9, 1992
Agency Check List ( ) Attached
Related Correspondence (XX) Attached
ENTER INTO RECORD:
( ) Comprehensive Plan
(XX) Zoning Ordinance
(XX) Not Required
( ) None
(XX) Case File & Packet Materials
(XX) Exhibits
( ) Subdivision Regulations ( ) Other
-----------------------------------------
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. __-
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date of Meeting: April 23, 1992
Case No. & Name: WA-92-7/THOMAS
Date Prepared: April 15, 1992
Case Manager: Greg Moberg
Action Requested: Approval of a fifteen (15) foot variance to the
required thirty (30) foot side yard setback as regulated in the
Residential-Three zone district.
Location of Request: 3865 West 'O'w~i~s,e w~M~~
Name & Address of Applicant: Sara Thomas ~~
3865 :^:.~€~-oe~~ nl-ace ~`~
Wheat Ridge, CO 80033
Name & Address of Owner(s): same
-----------------
Approximate Area:
Present Zoning:
Present Land Use:
------------------
9,211 Square Feet
Residential-Three
Single-Family
Surrounding Zoning: N:, ~:, W:, E: Residential-Three
Surrounding Land Use: N:, S:, E:, W: Single-Family
-----------------------------------------------------
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-92-7
I. REQUEST
Page 2
The applicant is requesting approval of a fifteen (15) foot
variance to the required thirty (30) foot side yard setback to
allow the construction of an attached garage.
II. SITE
The property is approximately 9,211 square feet in area and
contains a 972 square foot single family dwelling with no covered
parking. The dwelling itself has a nonconforming side yard
setback of 26'5". The applicant has proposed to remove sheds and
construct a twenty-four (24) by twenty-four (24) foot detached
garage. The resulting setback would be a minimum of fifteen-feet
from the south corner of the proposed garage to the south
property line. Because the property is zoned Residential-Three a
minimum setback of thirty (30) feet is required thus
necessitating the need for a variance.
III. FINDING OF FACT
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 26-16;
2. Is the plight of the owner due to unique circumstances?
Circumstances could be considered unique due to the skewed
position of the residence. If the residence had been
constructed parallel to West 38th Place the garage could be
built with no need for a variance; and
3. If the variation were granted, would it -alter the essential
character of the locality?
The granting of the requested variance will not alter the
essential character of the local neighborhood as numerous
front and side yard setback encroachments (including the
subject site) exist in the immediate area; 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
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-92-7 Page 3
particular hardship upon the property owner. This request
is therefore for the convenience of 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?
The granting of this variance will not result in the setting
of a precedent for similar requests as other side and front
yard setback encroachments already exists.
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 add an attached
garage; 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 granting of the requested variance will not alter the
essential character of the local neighborhood as numerous
front and side yard setback encroachments (including the
subject site) exist in the immediate area; and
2. The skewed position of the residence could be considered
unique because if the residence had been constructed
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-92-7
Page 4
parallel to West 38th Place the garage could be built with
no need for a variance; and
3. The granting of this variance will not result in the setting
of a precedent for similar requests as other side and front
yard setback encroachments already exists; and
4. The granting of this variance would not be detrimental to
the public welfare or injurious to other property or
improvements in the neighborhood; and
5. 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.
Based on the conclusions derived from the preceding "Findings of
Fact", staff would recommend that Case No. WA-92-7 be APPROVED.
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303/480-0471 • FAX 303/480-0547
IMPROVEMENT LOCATION CERTIFICATE
AtlJrass: 3tl65 NEWMAN ST
11Dr rower: f'IFFANY
lille searctl b~: SECURITY TITLE GUARANTY CO
Colnlni tment no.: 06216
legal Descripl ion:
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It is hereby «nifial that the above described property ~ S A~~ ~ iaatcd within a 100 ynr (load harard beutWary
in accordance wish the current HUD Federal Admin. Flood Hamrd Boundary Hops.
hlap UatcJ 'L. -~ ~/~4.4 _Map No. Q~ 74q~.SC_ ,Zone
Un the oaau al my Anuwkdgc, information and belief 1 hereby unify that thu improvemem lantion «nifinte was prepared for
IIIGIILINE MUkI'GACE AND SECURITY TITLE GUARANTY CO
that it u Hat a land gurvry Plat ar Impravcmcm Survey Plat.and that it isnotto be «lied uponfonheettnblishment of Pon«, boilding,oroth<r
Iwure improventrm lines. I (utther « nify [hat the improvements on the above decribed par«I on [hu dare. ex«pt mihly eonrltttion aad
lenccx, ace entirely within the boundaries of the par«I. ex«pt as shown, tha[ there are no encroachments upon the dcuribed prcmius by
improvements un any adjoining premises, ex«pr as indinud, and [hat Nerc rs no apparcm eviden« ar sign u( an 5 r crossing or
boNening any pun of said parcel, except us noted."Notice: According to Colorado hw you must eomm<n«anq\tQg1'I ii~i3L ~y~pan any
Odat in thi>wrvey within thr«ynrs after youfirst diuover such def«[. In no event, may any anion based yp-ti CS~Itil~ps((p~ be
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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 of 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.
_.' :~s`e`?~Td`in71~92-7 :` An application by Sara T. Thomas for-
approvalsof a ~.~' 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.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992
Page 13
Sara Thomas, 3865 Newmann Street, was sworn in. Ms. Thomas
entered into record a letter, labeled Exhibit 'A', from her
neighbor who is in agreement with the proposal.
Board Member HOWARD asked where did they come up with the
garage being 24' X 24', and Ms. Thomas replied the garage is
larger than standard to accommodate a workshop along with
the vehicle parking.
Board Member HOWARD asked if they had given any thought to
moving the garage back about three feet so the western
corner would be closer to the side yard setback, and Ms.
Thomas said they have thought of making it smaller.
Chairman BERNHART asked how much smaller would they consider
making the garage, and Ms. Thomas replied 20' X 22'.
Mr. Moberg said part of the reason the applicant has
positioned the garage this way is to allow access from the
garage to the house using the existing driveway.
Chairman BERNHART asked if it would be best to have the
garage built smaller or to have less setbacks, and Mr.
Moberg thought it would be better to direct staff in terms
of what the setbacks would be.
Board Member REYNOLDS asked what would happen with the two
sheds setting on the easement, and Ms. Thomas answered there
are three sheds on the property; two will be removed and one
will remain on the easement.
No further questions were asked of the applicant.
Kim Guderski, 10695 W. 38th Place, was sworn in. Ms.
Guderski spoke in favor of the garage and added she will be
glad to see the sheds removed.
Chairman BERNHART asked if the driveway is two lane, and Ms.
Thomas answered it is a single driveway that flairs out.
Motion was made by Board Member ABBOTT, that Case WA-92-, an
application by Sara Thomas, be APPROVED for the following
reasons:
1. The addition of the garage will provide covered parking
and will remove two cars from public view.
2. It is not practical to move the proposed garage further
back as it will cause a design problem and provide an
indirect entrance from the garage to the house.
3. Because of the askewed configuration of the garage to
the lot, no appreciable gain in setback distance is
acquired by moving the garage further back.
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: April 23, 1992 Page 14
4. One neighbor spoke in-favor of the variance and one
letter was submitted in-favor of the variance.
WITH THE FOLLOWING CONDITION:
1. Both sheds on the south side shall be removed prior-to
construction of the garage.
Motion was seconded by Board Member ROSSILLON. Motion
carried 7-0. Resolution attached.
D. Case No. WA-92-$: - 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.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman BERNHART
accepted.
Board Member REYNOLDS asked would the garage be built onto
the easement,-and Mr. Moberg answered no, because the
utility easement is overhead. -
Board Member HOWARD asked what is the existing setback from
the brick wall, .and Mr. Moberg replied 19 1/2 feet.
Chairman BERNHART questioned if they would then build out 14 -
1/2 feet from the wall, and Mr. Moberg answered yes.
Chairman BERNHART was curious as to the setback
encroachments in the neighborhood, and Mr. Moberg said
without surveys, his guess would be within 5-7 feet.
Chairman BERNHART added there would be some drainage the way
the roof slopes off, and Mr. Moberg said. the applicants
cannot have more discharge of water than is historically
been discharged onto the neighbor's property, so most likely
they will have to do a small swale on the property.
No further questions were asked of staff.
Don Osborne, 10320 West 17th Place, Lakewood, was sworn in.
Mr. Osborne stated they have talked with neighbors and told
them of their plans to remove the shed and enlarge the
garage and construct a family room. Mr. Osborne said they
submitted a letter with signatures from the neighbors
stating they had no objections.
Mr. Osborne said this construction will be done as quickly
as possible and be done in a professional manner.
PUBLIC HEARING SPEAKERS' LIST
CASE NO • ti7A~92~7 DATE: April 23, 1992
REQUEST: 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.
Said property is located at 3865 Newman Street.-
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Position On Request;
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-92-7
APPLICANT'S NAME: Sara T. Thomas
LOCATION: 3865 Newman Street
Upon motion by Board Member ABBOTT seconded by Board Member
ROS ILLON the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-92-7
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-92-7 be and hereby is APPROVED.
TYPE OF VARIANCE: A 15' ~•ariance to the required 30' side yard
setback in a Residential-Three zone district.
FOR THE FOLLOWING REASONS:
1. The addition o£ the garage will provide covered parking and
will remove two cars from public view.
2. It is not practical to move the proposed garage further back
as it will cause a design problem and provide an indirect
entrance from the garage to the house.
3. Because of the askewed configuration of the garage to the
lot, no appreciable gain in setback distance is acquired by
moving the garage further back.
4. One neighbor spoke in favor of the variance and one letter
was submitted in favor of the variance.
WITH THE FOLLOWING CONDITION:
1. Both sheds on the south side shall be removed prior to
construction of the garage.
VOTE: YES: Abbott, Barnhart, Howard, Junker, Reynolds, Rice and
Rossillon
NO: None
DISPOSITION: Variance was granted by a vote of 7-0.
I! tn~ 23 c3 d of April, 1992.
BERNHART, Chairman Mary Lau hapla, Secretary
of Adjustment Board o~ djustment