Loading...
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 /-8od-z~Z-~ ~/o 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 ..~ ,,,.. Racption~Na. _ /N~V A wD ~~o 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 ~pC. ~SJy oab~ Wt~ r~~ C> Z L~ K 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 e n7 [rte n. wnnte. STATC OP ~~/J'/~~~ ) ~'~ ) 55. 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 ...~ .;--••-..' .; ,u'• ' ' ';. 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 Li 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 ~- ~ ~ ~I ~ ~ ~~ ~~ ~~~~ ®~ car~o~~~a ~ ~ ,., ~ ~ COUNTY OF JEFFERSON ~ ~_ /_-~ ~¢~,.,.' ~~GO~LD~yEN. COLOFADO 80'4,19/ / v wW'~tiV/!J. ~~ii yr 2f /i 0 e 0ry-cy 7~//~~ 0 0 v ~ /~ uL ry ~ ,~ . /i~~~~n/~ CdC//S~~ E GREETING: ~,oc~~,aire~ier~~/'r~,as,~r~~imr~naifla~or~~~,i~v~~acar~~ia~.e~ /~r~ K~,tteu, c rhaRK~ ,a~zd ~~jldb CrtFn T/{t~4Ny p / /, .CY~,O~/~14~~CP/i2Flr~~~Of!/~~/IIZQ~1F.P/~1'~l f~E~/NE~LI//79 ~0 !'iZl~;'2 ~~GCE. '/ p ~ " ~ °U~~1~2 n D~: m2~~ ~~ %cr~u~~ie%a-etr.~i,,o~in U~.I i"~"'G,~cL ~pp / / / O rn <~OCQPIYL, ~rf~6~Z/ZlEY ik}Lr ,~,(LC~~/,F/i TNnP %J'~ '~' /J"G~w ~~.f~L(M/ u...^'Jv A4NAl~'.~M,wylf/ .~ ~o~~,r,.~~~ll _~ Ll~~~t ~~...~~~~ ~..:~.~iTa~ ..I Copy of Origina~Mar ri age L ense ~'. • // `~ ~~ "" STATE OF COLORADO, ~ ~ -f.Z-k-~iJG~ ~~ .n~L_.~ -. l~ Notary Pub li~+ < , , `` (NS• My Commission Expires July(~,'.Y, 1994 /U~~~- C t f~ J ? ! 4W oun y o x• _ ~ ' ............ Barbara J. Hunsley .~,rD~iP~ efi~cPirl~ea~,~~ia~~,rm;>/~e~ ~"~"- ~a~,o~ ~ ~*+w- .,F/: ~. /.J~,~l 3SSto5 \~r¢wgtAEyy~ S'k t W \,...~ 'Q.~~ <<*Qla•.aAQa 4 inrrlara~cou~2Zr~;/1z'n~,r~na~enlr.~~cerLa '~-~' `i`~^-~~° 2i~~i~oinv.~nr~i'ea~i~'~tf ~~t,O92lI~eY,O~./~~a1rti9921~9z~ ,i}ti~eeZ'a~'ra~ar32ePi~t~t~~vf~eP/.~aeN~' I ,a~il~'ae; Jtir~e,~ ~ ~ ~~rct~,oa~e~l~ePi, cur~wri~~imaro~~~ze~orix~~irnirhni ~ C. ~~`r~oce~larnc~c~ianx~,rrrnc~idea~i.1~ie.cc~a ~, a ra a ~~ eurr;~ica~,~e~oue:nhz~l~: an~ ~ ~ ~ . „ ^_„_o s ~ SEAL .: ~~~ 1 tNRC151 Titl< ~/ I / EimEa ~~~p L. I~e..~ u" ~ l ar~Lm ~ ~ D ~ . ~.L~E~ 9i[L -~~t wi~ti Erida > R 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~ .-1 !~a~ Fqr~n 3$~I~',~I~~ il ~~.~$~$ A I' 01 ~ d~, il'~'~ i ~n ~ i ~~°~~-~a-`~ • 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 ~ ,' i Geoxge Sittn.er 7038 Van Gordoi ~ Axvada, GO 80i I ~ 5. Sigo re - Addres`s / ' X ~~~"Z:~.~ ~kJ/,1 ~ 8. Signature -F Agent , x ~7. oateotoe~verv I I II~II ~ i~i ,i IISi~Fatrn,~3$M1~ Y~~ ~~~~Y~~ 1~4-* y"., i U~,c~ s,a,--~ ~ SENDER: CompYete ftems 1 end 2 when eddkional aeMCes are deslred, and complete items 3 and 4. ~t your eddresa in the "RETURN TO" 9pace on the raverse side. Failurm to do this wlll prevant this rtd trom being rolSthBdln You. Tfie ~atum racel t fee will rovide vou tha name of tha nerson delivared , and the date af HeliVeN. For e ione ees t e o owmg servmes are aval a e. onsuit postmaste~ ~r fees and c,hec ~ es ~ for add~tional servicele) requested. 1. ^ Show to wliom t}gf~~ared, .da'[e, and 'addressee's addrass. 2. ^ Restrlcted Delivery ' (C4tra"Uaargel', . (ExtmcMrge) 8. Rlrqiole,:gdtl~as,sed~to,-_:~_} ,'~I, ., I.!,~,~~,.! i,__ _ .. 4. Article Numbar t" (' R(~;l 1l5 1C~~3 ~ A s` 1 F, :~.- :.:. 'rype of Service: Sara T.'..~Thoii~,~~ R~~ .` Res~teraa ^ insured 3865'3deteinai~ Stzeet~ ' ~can;s~aa ^ con SJheat IZ1C1 E CO SOO3~ ' ~ Expresa Mail ^ Retum Receipt g f for Merchendise Signatur~--,A~d~r' ss ~Cr,~ ~'M~~,2'~ o. Signature - Agent X I 7. Qat~ of~Del(very ~~ ~/ j I; P5 FO~~ ~1, t'~If `,~~~i~g$ ~w U, .~ _. Alweys obtain signatura ot addressee o~ agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) Id~~1-~I I~ ~.~.~.o. ~sa~x1~-aes ~DOh7ESTI,C~IqETUR'N R6CE,ipT i i ~ W i ~ ,., ~ - a ~ _ ; ..a c.v- -- a~~ •~ o~ ~ ~d o~ ~ , ii •~ o_ N ~~ n. c +' f~7 V p, ~ . t~l ,. m ~ a ~ Lry a+ y o . 1+ p ~ v o ~,1 rl ~m~ ~ ~~~ ~ ~ ~ro~ O ~. ~c N u7 ~ioc U u7 ~l0>m . N~ ~ V3 m U u7 Cl4 ~ c , ~ ~~ U- N O' ri ~' U~ N .___~ rl G U~ rl r~ ~ U.Q y QS 'C~ ~ r~ Ol O N N~ ~ . : E ~~ o~y rl ~ N Aya`~', d H ~ cmN N V] i i~3 N d~'au°1i ~ .~.C ~`' ~. >>a'r .u C7 ~ w~ S~a~i O^ N ~, m. p'~'~ w« Q I 3J 00 U .~' _ a CL .N CJ 'n o ft .C ttl b0 - ~ m m myl w~ ^^ t..' c~~ ~INM ~ d oo(n ~ N ~ Q7 ood F~~ ~ z ~o~'~o e1oo~ b a Uzo., a~a a UzoN m'~, m~ Nm N ~ V Z 0 ~. C7 I.'3 '"~ l.,~j C+p ~ H 7. ~ .4 p a v q 0 ~ ~ Y~ x m a ` ~ ~~ ~IN ~~ ~~" U t~ ~ ~~g N 00 ~ ~ ~ m m E ~ `~ $ Q E ~ ~ ~ x ~ ^.U w° ¢ ¢P ¢a ~.a a° 0681 eun~'0 IB£ ~10~ Sd '~ ~ 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 W m M E _-__°- e Certified Foe Special Delivery Fea 4 Res[ricteo Delivery free Return Receipt Showing ro Whom & Dale Deliveretl Return Recelpl Shaving to Whom, Date, & Atltlress of Delivery iDTAL Pos[age 8 lase Paslmark w Data ma x. x. W ro 8;~ g - O rn ~ D Om ~ m.,~ _ 3_ a > 4 y °G Z - W > m ~ W t7 W 7 ~ i C p °., ~ N rn H ~ °' aaaam ' I I O E? ' om n ~mm n mw o D r D ~ ~ m ~ ~ ro 9 0 -~~z - _ _, __ ~.._ r _ _ . N 9 W ~i 1 V ~~ D G ~_ _ ~ X c+ rn m :''ooo~• ma ~ W ~ ` D Om n,o Wm ~ m -Y o m ~ n W ~ ' W m Wm o$02 mam n w ~ w ? a N O o~ m £ m nA9 ~ m' :.. m ~ n »~ O m m I I [6 rt Z N LA m mq ~ F n +m m . ~ .m C R.9 ~ l~ 3KCmm m 3 m lA w N J~ nmmn m m (D ~ -_ 'x mm < M A m -- rn N mooo~ (7 rt w m ~a C _ -_. -. _ ,~ re rn m m . J1 .A ' N _ V ~( W m W ro n~~ om= a ma^ W m ~ i5 Wo' Tm~~2 ~ ~ ~ M ~ '~ C ~' w O m -0~ m3mnD m _ -- - ---o S Vm ~ oo ri ~D C f ar m m aA v ~ ~ I I ~o. ~ ~ :P, rt In° w n o mm m . m D ~ D ... F -r i .z- ' m Tm A 0,~ a 'm' F` . n S 3 ~ ' ' i m .. .~. - r tp .~ D v _N. `- m 1'~ i _~ =C - -`o fd ,, }~W :._ 1 ~~ - C V ':._p Z a a c 7 ~ X ~ X ~ ------ -- W JmOmG • ~ y, nom , ` ~ m c m ~ ~ W t7 ~ Tmm3mn m 0. 1 ' ,` m ~ ° ~ ~ ~ _ D mm°nA £ a .j ° , '` ' w o n ` e mg ^m m . ro . m m a "vq N 'S w a nr_ 5 3 '~ m 0 a h' £ ws 4 ~ ` -n '~mm'3T <m m ~ . . w w my ~ K m .,0mmn g ~ ~ ~ r mooo~ ~m„~ 3 rt ~ - °a01 ...19 O• „ _ m Q n -- ~ COrt =- »» gy ~ °1 O `mmmcW N W.. m~y~m m nn _.m r~mm,.o m w~omT n m, mm _ n mcff m .< m nm m w m o D ~~~.~((( ~^< A wnm<m n m '6 D m n =m a m< K m m m " m m e » w a Z~m a (~ mom ~ ~ o m c: w '/ n N m c m m R y -mj Q 0 W mo /} m 0 S~ m ' gw am m m 3 l/Z mmm a ~ u 0. m m ~ mD n o. mm o ~ im i ~ mn i» moo u= °. b ~" r 0 ^^^ V~ . ny.» ~S 3 py LT 09~= , OQ ?mw 6 N 9 iO° i ~m W £' o O m¢ o a ~ mm m ~pp r t/i ~ m- 3 Z h m 8 a °" L m a w o m ~o m zm „ ~ 3 ~ ,n ~ m w» gym„ m gm? 3 aw ~ w ~f Y s; ~/ J 7 7 J 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. W 3~TH T'L F U W iL 4 W 3yTH AVE 1 C W 38TH PL IR-G'., ^:i~i Ul Z lU Z n z W ~~ I t1 YL R-3 W 36TH F I W 36TH AVM ~~ ~ in ` GILL,P.N'S ENGINEERING, INC. _G" 5126 W. 38th AVE. • DENVER, CO 80212 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: l.ot: 35. ~-jl ES'lE5-11,41tN SUBDIVISION SCAt6 ~~~'~, Y-i County of IEFFERSON. State ui COLORADO. ~_.:E.N~.rJr ~~ LNG 20apGH.~I@'NT I`I N n7l Fl .1 ~ O L/fi4 ~SHT" '. Fapnc i~ s R °~ios -~ /-r.-BO, I .w .R,.s / ' x~ as ;% N~ 0 CoviC ~yJ `r`` ~ ~% outY v/ara+. ., ~ ~~ 1, 1; ;/ C,,. ~~~.~ s,IVTI ,~ ca1 'ti' \ p, r, `. r M ~ "~~O rt rtWC J\ ,t ' a r t , ~'. ~ ~p ~ a' I t ~I ~ 'tom ac~~ I /as /~~ ~` a ~ `~ ~ I ~1 ~ ~ Ol AY6L Svc W.~/AN ,a r,P£E`r ~i'O r ,2.O.Inl. 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 commcmed mart than rcn yon from the dart of the «rti0ntion xhawn hereon." ~ V~~O$P~~' vs9 ~F ` ~p'.O o lob N.,.: ez1-so ~~;~ 26288 <~~_ :> Fee: ~ 7z.oD - ,W, f : J a iii / `~y~ DAiE qyq • I I t1118t1~1xxx 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.- i i i ~ i i i i i i i i i i i i i i i i i i i i i i i i i i i ~ i i ~ ~ ~ i ~ i i i i t i i i 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