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HomeMy WebLinkAboutWA-92-8The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of-Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant pon I+I. & Rebecca OsboA~Pdress 10320 .41. 17th ~1. phone232-6728 Owner ;iobert 'd. Krulish Address 12081 iV. 32nd Dr. Phone234~-1304 Location of request Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions 8 Variance/Waiver Site development plan approval Nonconforming use .change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement-Exception Subdivision Street vacation Preliminary Miscellaneous plat Final 8 Solid waste landfill/ ~** See attached procecural guiee OtherCia1 c~~L6yyyv~~ r~_...-V for specific requirements. Detailed Description of request A licants wish to remove shed, enlarge existin ore car arage to a two car garage, a a a aml y roam _- _rc,r_ ~.____ _.a ~..........7 ,.a.~., v.., Tn Dl o~ co cod a+i'a rt}'iP [~ "I PttPr& `e xhlblt5 List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME 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 cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney £rom the owner which approved of this action. on his behalf. n ~~ Signature of Applicant 4( k~-`7~s-!~/~° - - °-,+~~ ~'~w`~-~ ""'"- Subscribed and sworn to me this day of 19 ~:T`Y 01= WFiE'A"f RIS)faE ?;=Cr;:! 1.:~ .="i3TH AVE. , F'. 0. E+OX 5~E1 ulHE.A"I° F:[Di3E. C:(=1LOF:ADD OC?ta;4 DATE F'AIDc AF'R 01. 1'3'32 RECEIVED rROM: PECt:Y L-. OSBOW:NE E _...~ DESCF:IF`TION: BO{~_VflRIAIV!_E- AMOUI+lT CI-fE!:K: ~Sti.C?C? i :HAE:!3E: ~ti, t}D MOPIEY ORDER: ~~7.00 CHE!~:I<:: NOc E183 AMOIJMT REi;ETVED: ~50.OC? OF'R ID: SHED RECEIPT IJD: ~#7~#~#G Don M. & Rebecca E. Osborne 10320 West 17th Place Lakewood, Colorado -80215 (303) 232-6728 March 30, 1992 The City of Wheat .Ridge Department of Planning & Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Gentlemen: The above listed persons (hereafter called applicants) have er.ecuted a contract to purchase the referenced property from the current owner, Robert W. Krulish. Said contract is contingent upon the applicants receiving approval £rom the city for a variance to construct a two car garage and family room on the subject property. T',e property currently has a one car garage and a shed as pictured in the attached Exhibit "A". The applicants wisY: to remove the shed, enlarge the current garage and construct a-family room directly behind the added space of the new garage. Drawings of the proposed addition have been attached as Exhibit "B". The proposed construction would require a setback of no closer than five feet to the property line. There is a survey of the property attached as Exhibit "C". The proposed addition would provide the applicants a far greater return in use and service from the subject property. Mr. Osborne is employed by Sharp Electric as an Electrical Superintendent. This position requires that Mr. Osborne occasionally bring home and store electrical equipment and tools. Said items will be limited in size not to exceed the capacity of a bed of standard pickup truck. The existing one car garage would not provide adequate space for such storage thereby requiring said items to set outside unsecured. The approval of the requested variance would not alter the essential character o£ the locality. All other homes on the block, with the exception of one, have two car garages. Page 2 The applicants have considered the possibility of building detached two car garage behind the house. This however, is prohibitive due to the topography of the lot sloping down to Lena Gulch; also the present landscaping would have to be considerably altered. This is pictured in the attached Exhibit "E*. Most importantly, the back yard of the property lies within the flood plain which was confirmed by the city planner. The house does not lie within the flood plain. Therefore, a detached garage would prove disruptive to the character of the locality and extremely cost prohibitive. There are several other properties on West 32nd Drive which currently have setbacks of less than fifteen feet. These properties are pictured in Exhibit "F" attached. Since there are other properties that are already within the required zoning setback, granting this variance request would be generally applicable to the same conditions which already exist in the locality. This request is based on the applicant's desire to improve the appearance, comfort and convenience of said property. I£ this request was granted, the applicants would plan to make this property their permanent family residence. This variance is also being requested due to the pre-existing settling problems which have occurred in the garage area of the house. The concrete Floor of the garage and the driveway have sunk and should be repaired. This is evident by looking at the picture attached as Exhibit "G". The necessary correction work could easily be performed while completing the addition. Granting this variance would not be detrimental to the neighborhood as evidenced and confirmed by the letter signed by the owners of the surrounding properties. Said letter is attached as Exhibit "H". The proposed variance will not impair the supply of light and air to the adJacent property. A six foot fence already exists which separates the subject property and the neighboring property which has a street address o£ 12121 West 32nd Drive. This property's garage is on the side of the proposed addition of the subject property. Further, this variance will not increase street congestion, Fire danger, or endanger public safety. . i ~ Page 3 Finally, the proposed variance will in no way diminish property values as the present shed will be removed and a proper garage will replace it. The two car garage and family room will improve the appearance and serviceability of the property thereby increasing its property value and those surrounding it. Sincerely, Don M. Osborn d~~ Rebecca E. Osborne Attachments w- DEED OF TRUST THi3 DBED OF TRUST is made thb 9th day of April . 19 61 , amonE the Crantoq ROBERT W. KRULISH AND SHARON L. IQtULISH (herein "Borrower"), the Public Trustee of Jefferson County (heretn'Tnutee"J, and the Beneficiary, WESTERN FEDERAL. SAVINGS AND LOAN ASSOCIATION OF DENVER[ a wrpontlon organized and exuting under the laws of THE UNITED STATES OF AMERICA whose address is 9611 West 58th Avenue, Arvada, Colorado 80002 (herein "Lender ~. BORROWER, in consideration of the Indebtedness herein recited and the tmsl herein created, irrevocably grants sad conveys to Trustee, in [cost, with power of sale, the following described property located in the County of 7effenon, SUte of Colorado: ' Lot 10, GLEN BROOK SUBDIVISION, Cotinty of Jefferson, . State o£ Colorado. " ' , v which has the address of ++na+ ra t 49 d rar+ ' Lfioa tri dge Colorado ($trea'i), Wheatridee (City), Colorado 80033 - (State and Zip Code), (herein'rRroperty Address'; TOGETHER with all the improvements now or hereafter erected an the property, and all easements, rights, appurtenances, renu (subject however to the rights and authorities given herein to Lehder to collect and apply such rents), royiltiea, mineral, oU and gaz d?)sta and profits, water; water rights, and water stock, and all fixtures now or hereafter rttaehed to dip property, all of which, indgding replacements and additions thereto, shall be deemed to be and rcrnain !put of thc,property covered by this flied of Trust; end all of the foregoing, together with said property (ar the kasehold estate iCthis Deed of Tmst is on a leasehbid) am herein referred to az the "Property"; TO SECURE to Lender (a) the repayment of the indebtedness.evidenced by Borrower's note dated THIRTY ONE THOUSAND ~p it 1 9 1981 (herein "Note"), in the principal sum of n7~n ¢,------- Dollars, with interest thereon, providing for monthly installments of principal and interest~witlt th eb~alanu of the indebted- ness, if not sooner paid, due and payable on April 1, 2011 - ;tire payment of all other sums, with inures[ thereon, advanced in accordance herewith to protect the ucurity of this Deed of Tmst; and the perfor- mance of'the covenants and agreements of Borrower herein contained; and (b) the repayment of any futuro advances, with interest thereon, made to Bonrower by Lender pursuant to paragraph 21 hereof (herein "Future Advances'. Bonower covenants that Borrower is lawfully utud of the estate hereby conveyed and has the dght to grant and convey the Property, that the Property is unencumbered, and that Borrower wBl warrant and deFend generally the title to Ure Property against all c]aims and demands, subject to any declarations, easements or restrictions listed in a schedule aGexceptiona to coverage in any title insurance policy insuring Lender's interosl in the Property. / UNIFORM COVENANTS. Borrower and Lender covenant and agree az follows: "' 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the Indebtedness evidenced by the Note, prepayment and late charges m provided in the Note, and the principal otand interest on any Future Advances secured by this Deed of Trust. 2. Funds for Taxes and lmunnce. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly insa8ments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one•twelfth of the yearly taxes and attettments which may attain priority ovtr this Deed of Tout, and ground renu on the Property, If any, plus one•twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium paymenu for mortgage insurance, iC any, all as reasonably esU• mated initially and Crom time to time by Lender on Ute basis of assessments and bills and reasonable estMates hereof. The Funds shall be held in an institution and deposits or accounts of which are insured or guaranteed by a Federal or state agetary (including lender if Lender is such an institution). Lender shall cepply the Funds [o pay said taxes, asuasmmts, insurance premiums and ground rents. Lender may not charge. for m holding and applying the Funds, analyzing said account or verifying and compding said assessmenu end bills, unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree Po writing at the time of executipn oC dsis Deed of Tmst that interest on the Funds shall be pa[d to Borrower, and unleu such agree• ment is made or applicable law ttquires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Harrower, without charge, an annuil accounting of the Ponds showing credits and debits to the Funds and the purpme for which each debit to the Funds was made. The Funds are pledged as additlonil security for the sums ucured by this Deed of Trust. if the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessmenu, Insurance premiums and ground rents, shall exceed the amount required to pay mid taxes, assessnents, insurance premiums and ground ants az they (all due, mch excess shall be, at the Borrower's Loan No. 106128-3-3 -option, either promptly re aid to Borrower or credited to Borrower on monthly insullments of Funds. if the amount ` ~ of the Funds held by Lender stall not be sufficient to pay taxes, asxssmenta, insurance premiums and ground rents u they fall due, Hofrowef shall pay to Lender any amouht necessary to make up the deBdency within 30 days from the date aoUa is ma0ed by tinder to Borrower requesting payment thereof. Upon payment In fuB of aB came xcurcd by this Deed of Trust, Lender shell promptly refund to Borrower any Finds held 6y Lender. If under paagraph 18 hereof the Property B mid or the Property is oUlerwix acquired by Lender, Lender ahaB apply, no later than immediately prior to the sale of the Property or fu acquisltlan by Lender, nay Funds held by Lender at the Ume of application as a credit ngilnri the wms severed by thin Deed of Twri. 3. AppBution of Payments. Unless appplicable law provldea otherwise, all payments received by Lender under Iht Note and pangraplu I and 2 hereof shell 6e applied by Lender first In payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, then to the prlndpil of the Note, and then ro inrerest and pdndpil on any Future Advances. 4. Charges; Lkm. Bortower stall pay sU taxes, esxssmentc and other charges, fines and impositlons attributable to the Property which may attain a priority over this Deed of Trust, and leaxhold payments or groundareatawhen due, ' the rttamer provided under paragraph 2 hereof or, If not paid in wch manner, by Bortower making p y dircetly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounU due under this para~ g[aph, and in the went Borrower shall make payment diroctly, Borrower shall promptly famish to •Lender rccetpb evldmdng ouch paymenu. Borrower shall promptly discharge any Ifen which has priority over this Deed of Trvat; provided, that Borrower shall not be required to discharge any such Ben m tong u Bortower shall agree in adting to rite payment of the obltgatien secured by such lien in a manner acceptable to Lender, or shill in good faith contest such Ben by, or defend enforcement of such Ben in, legal proceedings which operate ro prevent the enforcement of the Ifen or forfeiture of the Property or any part thereof. ' ~ 5. Haaud Irtwnraa. Bortower shag keep the improvements now existing or hereafter erccud on Use Property inwred agatnri Imo by fire, hazards included within the term "extended coverage," and such other hazards as Leqnds that theuiulsomt of wchacoveuge exceedsthat arnrlout of coverage regWred~tor pay the~sama averred by this Deed of Trost. ' The insupprance cartier providing the insurance shall be choun by Borrower subject to approval by Lender; provided, provided underpu 6 ph 2 hereof orss, if nolt paid Neauch mapilrneri by Borrower rook 611P¢Y111C^~ when due ~dtrectly to lire lnwrance Cairier. All insurance policier and renewals thereof shall be N form aweptable to Lender and shall Indude a standard mortgage daux in favor of and in foml acceptable to Lender. Lender shalt have the rlaht to hold the policies and renewab thereof, and Bortower shall promptly famish to [.ender all renewal notices and aLl receipts of paid premiums. ]n the went of loss, Borrower shall give prompt notice to the inwnnce wrtkr and Lender. Lender may make proof of loo if not made promptly by Borrower. ' Unless Lender and Borrower otherwise agree In writing, insurance proceeds slug be applied to restoration or repair of the Property damaged, provided wch resroution or repair is economically feasible and the xwdty of this Deed of Trost is not thereby impaired. If such restoration or repair 15 not economically feasible or If the xcudty of [his'a Deed of Trvst would be impaired, the Inwrance proceeds shall be applied to the sums xwrcd by this Deed of Trust with the excess, If any, paid to Borrower. 1( the Property is abandoned by Borrower, or if Bortower fails to rospond ' ~ to Lender within 30 days from the date notce is mailed by Lender to Borrower that the insuranw carrier offers to nettle a cldm for inwrance benefits, Lender is authorized to collect and apply the insuance proceeds at Lender's option dther to restoration or rcpilr of the Property or to the soma xcurcd by this Deed of Trust. Unless Lender and Bortower olherwix agree in writing, any such application of proceeds`to principal sball not extend or postpone the due date of the monthly installments referted to in paragraphs 1 and 2 hereof or change the amount of wch installments. If under paragraph 18 hereof the Property is acquired by Lender, all right, ti0e and inkrcat oC Borrower, in and to any inawance pohcles and in and to the prwads thereof rewl[ing from damage to the Property p¢ar to ilia sale or acquisition shall pass to Lender to the extent of the wms xwrcd by this Deed of Trust Islunedlately prioi to wch sale or acgWSiUan. • 6. Prcxrvafien and Maintenance oC Property; Leaxholds;Condominiuma; Planned Unit Dwelopmenta. Borrower shall kap the Property N good repair and shall not commit waste or permit impaiapent or deterioration of the Prop• arty and scull comply with the provisions of any leax if this Deed of Trust is on a leaxhold. If this Deed of Trust is on a unit in a condom faro or a planned unit development, Bortower shall perform all of Borrower's obligations under the dedazation or covenants crca0ng or governing the condominium or planned unit devdopmenl, the by-laws and the regulations of the wndominium or planned unit development, and constituent dowments. IC i condominium or planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, the wvenants and agreements of wch Uder shag be incorporated into and shall amend and wpplement the wvenants and agreements of this Deed of Trvst as if the rider were a par[ hereof. 7. ('rotation oC Lender's Security. I( Borrower fails to perform the covenants and agreements wntained to lids Dad of Trvst, or if any xGon or proceeding is commenced which materially aBecls Lender's interest In the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proccedings involving a bankmpt or dwedent, Then Lender at Lender i option, upon notice to Bortower, may make wch appearances, dis- burx such wms and take wch action as is necessary to protect Lender's interest, including, but not limited to, disburx• lnent or reamnable attorneys' fees and entry upon the Property to make repairs. if Lender requited mortgage insurance u ®wndition of making the loan xcurcd by this Deed of Trust, Borrower shall pay the premiums required to maintain such lnwmnce in effect until wch lime as the requirement for such inwrance terminates in acwrdance with Borrdwer'a and Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. My amounts dlsbu[xd 6y Lender pursuant to this paragraph 7, with interest the[eon, shag became additional indebtedness of Bortower ucurcd by this Deed oETrust. Unless Borrower and Lender agree to other terms of payment. wch amounts ahaB be payable upon notice from Lender to Borrower requesting payment (hereof, and shall beaz Interest from the date of disbursement at the rate payable from time to time an ousstanding principal under the Note udess payment of interest a[ such rate would be contrary to applicable law, in which event wch amounts shag bear Interest et the highest rote permisable under appBcable law. Nothing contained in this paragraph 7 shell require Lender to inwr any expense or take any action hereunder. 8. Inspection. Lender may make or coax to be made reasonable entries upon and inspections o(the Property, provided th¢t Lender shall g(ve Borrower notice prior to any such inspection specifying reasonable coax therefor related to Lender's inkrest rn Use Property. any wndemsa lion or oth r larking of Ilse Property ~ar part thereof, o~afar~conveyanasin Ifen of eondemnalionvare hereby assigned and shall be paid to Lender. ' In the event of s total taking of the Property, the proceeds shall be applied to the sums xcurcd by this Deed of Twat, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Bortower and of therprtoceeds u iirequil mrthe propeortionlwh[chthleeamtount otth wms xdwred bay this tXed afTrvst (rnmad,ately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the bilana of Ute proceeds paid to Borrower. -•make an awed or•set0e a claim fog damages, Bortower fa0s to respond to Lender within 30 days afkr the date of such noU« h mulled, Lender is auUtodzed to wllect and apply the pro«eds, at Lender's option, either to restoration or np,U oflhe »operiy of to the sums secured by this Dud of Trvst. Unleu Lender and Bortower othervise agree 3n writing, any mch appltwtlon of proweds to principal sbaB not txtrnd or poupone the due date of the monthly installments ttferred to in puagrapfu I and 2 hereof m drange the amount of such Instilimrnta. 30. Bormwu Not Released. Exknsion of the time for payment or moditlcetion of amortization of the mmo xcured by Usis Deed of Trvat granted by Lender to any m«esmr In Interest of Bortower shag not operate to release, is any manner, the Babiltty of the onglnal Bortower and Borrowers successors in internat. Lender shag not be requhed to. «mmen« prgceedings against mch successor or ttfuse to extend time for payment or otherwise modify amortiu- Uom of the rams re«red by this D«d oFTrust by raison of any demand made by the orlginil Bortower and Bottower's tuceesron in internat. ll. F«bearan« by Lender Not a Walvis. Any forbearance by Lender in exerdsing any right or remedy herc• under, of otherwise afforded by applicable law, shall not be a waiver of or preclude the exerdse of any such right or remedy:'The pr«urcment of inmrance or the paymenLOF lazes or other (fens ar charges by Lender aha6 not be a waiver of Lender's Ught to aceelerate the maturity of the lndebkdness se«red by this Deed of Tmu. 12. Remedies Cumuative AB remedies provided in this D«d of Trost ue disOnct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercircd «ncurrenUy, indepen• dandy or mcceaUVCly. 13. Smaason and Assigns Bound; Joint and Several I3abBity; Captions. The covenants and agr«menU herein contained droll bind, and the nghU herounder shall inure to, the respebtive meceamra and assigns of Lender and Bor- tower, mb)'ect to the provisions of paragraph 17 hereof. AB «venarts and agr«ments of Borrower shall be join[ and xveral. The captions and headings of the paragraphs of thin Deed of Trun ue for crnvenkn« only and ue not to be used ro interpret or define the proWsians hereof. !4. Notice. Ex«pt for an notice required under applicable law to 6e given In another manner, (a) any noti« to Bortower provided for in fhb Deed of Trust shell be given by mailing mch naUce by «rUfled maB addressed to Bor rower at tie Property /lddreu or at such other address as Bortower may designate by noti« to Lender u provided herein, and (b) any notice to Lender shag be given by certified mail, return receipt requested, to Lender's address pto~lded tdmtr fn Ursa Deed of Trvrt shill 6e deemed to have bwn giventto Bortower oW Lender when given N lire mnan¢ar desgnated heroin. 15. Udform Deed of Trvat Coveming Law; SwembBity. This form of deed of trust combines uniform «venants for rudonil vac and mnarrdform covenants with limited variations by Jurisdiction to wnstitute a uniform security hutrvment covering real property. This Deed of Trust shag be governed by the law of the Jurisdiction in which the Property is located. In the event that any provision or dauu of this Deed of Trost or the Note contllck with applicable law, mch «nflid Mall not affect other provisions of the Deed of Trvet or the Note which can be given effect without the «nflicting provL+ion, and to this end the provsions of the Deed of Trvst and the Nole aze dedared to be severable. 16. Borrower s Copy. Borrower shalt be famished a conformed copy of the Nok end of this Deed of Trust at the,q time of axe«Uon or after recordation hereof. NON•UMFORM COVENANTS. Bortower and Lender furUser covenant and agree as follows: 17. Tnnd'er of the Property: Auumpticn. If all or any part of the Property or a legal or equitable interest therein b sold o[ traruferted by Borrowm without Lender's prior wntten conrent, excluding (a) the croaUon of a Ben or rncum- bran« mbordhsate to Uric Deed of Trvst, (b) the creation of a purchase money security Interco[ for household appll- ancea, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenanCor (d) the grant of any leasehold iatereat of three yeah or Teas not contaiNng an option to purchau, Lender may, at Lender's option, dedarc all the nsrna scored by tidy Deed of Trvat to be Immediately due and payable. Lender shah have waived such option to sceelerare if, pprior, to the sale or transkq Lender dekrmtnes that the person to whom the Propperty is to be sold or tramferted U Unandilly able la ttpayy the indebrcdness according to the terms of the Note and this Deed of Trost and aubh peisoit igma to astrsme the rights and obligations under the Note and. this Deed of Tmat. Notwithstanding the i Mandil abBlty of mch person, Lender shall have no obligation to agree to mch assumption In the event that Lender, t prior to the sale or transfer, u unable to obtain the consent to such ummption from any and aB issues of'muuran« i polldea wish rospect to the Property and to the Note and this Deed oCTrvst. In eomectron with such assumption, Lender may, at Lenders option, chazge en assumption fee not to exceed one•half of one per«nt of the Principal bil- ance then outstanding. If Lender has waved the option to accelerate provided in this paragraph l7, and of Borrowei s ' successor N Interest has executed a written assumption agreement ac«pted in writing by Lender and in'acwrdan« with the toregotng proWdons of this paagraph 17, Lender shag release Borrower from a6 obligations under Uds Deed of Trvst and the Note by execution and de8very of a written release. U Lender exerdsa such option to accelerate,Lendershsll mail Bortower notice of acceleration in accordance with i paragraph 14 hereof. gush notice shall provide a penmd of not less than 30 days from the date of the notice is mailed within which Bortower may pay the sums declared due. If Borrower Fags to pay such sums prior to the expiration of mch period, Lender may, without further notice or demand on Bonower, invoke any remedies permitted by para- graph 18 hereof. j 18. A&aention; Remedies. Except as provided in pa[agmph 17 hereof, upon Borrower's breach of any covenant rip agreement of Borrower in this Deed of Tmsl, including the covenants to pay when due any sums secured by this i Deed of Trost, Linder prior to acceleration shall maU noti« to Borrower as providcd in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date tlaanott« Ls ma0ed to Bortowe[, by which mch breach must be cured; and (4) that (ailuro to cure mchbreach on or before the date spedfied In the notice may result in ac«leration of the sums secured by this Deed oFTrvst and sale of the Prop• ~ arty. The notice shall further inform Borrower of the right to reinsuk after acceleration and the right to assert in fhe i foreclomre proceeding the nonazistence of a default or any other defenu of Bortower to a«eleration and sale. If the ! breach is not cured on or before the date specified to the notice, Lender at Lender's option may declare all of the rams ucured by this Deed of Trust to be Immediakly due and payable without further demand and may invoke [he power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable vests and expenses incurred in pursuing the remedies provrded in this paragraph I8, including, but not limited to, «amnable attorneys' fees. If Lender invokes the power of sale, Lender shall give written notice to Tmstee of the occurrence of an event of default and of Lender's election ro wuu the Property to be sold. Lender shall marl a wpy of mch notice to Borrower ss provided in paragraph I4 hereof. Trustee shall record a copy of such notice in the count ~ ablw~8 and shall maB located. Tmstee shall pubBsh a notice of sale for the time and in the manner provided by app' copies of mch noti« of sale N the manner p[escribed by applicable law. After the lapse of such time u may be re• quired by applicable law, Tmstee, without demand on Bortower, shall sell the Property at public auction to the highest biddec for cash at the time and place and under the terms designated in the naUce of sale in one ar mo~pycely P d in ~ mch order u Trustee may determine. Tryst ~„ousi scheduled sale. Lender or Lende's designeermay put haulhe amouncement at the time and place of any p Y Property at any sale. Tnut« shall deliver to the purchaser Trustee's certificate describing the Property and the time when the purchaser wBl be entitled to Trvstee's deed thereto. The redtas in Trvslee's deed shell be prima facie evidence of the troth of the rtalementa made therein. Tmstee shall apply the proceeds of the sale In the following order. (a) to all reasonable costs and expenses oC the sale, including, but not limited to, reasonable Tmske's anto the r arson oars arsons lerta6 entitled dente; (b) to ill sums secured by this Deed of Trost and (c) Uu excess, if any, p Pt B Y thereto. ]9. Bnrtowv's Right ro Reinstate. Natwilhstanding Lender's acceleration of the sums ucmed by this Decd of --Trost, Borrower shntt have the right to Imve enY Prottedjpgs begun by Isnder to castors Chia Deed of Trust discontin- ued at any time prior to the eadter to occur of (I) the fifth day before sale of Ore Property purntant to the power of file mntilmd in this Deed o[ Trust or (ii) entry of a judgment enforcing this Dad oC Trust if: (a) Borrower pays Lender all aurns which would be then due under this Deed of Trost, the Nok and notes securing Fuwrc Advances, if any, had no aceeleration occuredf1• (b) Borrower cures all breaches of any other covenants or agroemrnta of Borrower contained N thb Deed of Trost; `c) Borrower pays all reasonable expenxa incumd by Lender and Trusee w enforcwg the covenants and agreemrnta of Borrower contained in this Deed of 7ruat and N enforcing Lenderb and Tmetee's rcmedief as roWded in parsgraph 18 hereof, IncludNg, bul not limited to, uatonable utomeys' feu sad Tmske's expenses and withdrawal fee; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trost, Lenderh interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trost afiall continue unimpilred. Upon such payment and cure by Borrower, this Deed ofTwt and the obli- gatlona sernred hereby shall romain in full force and effect as if no eceeleration had ocewred. 20. d~igttment o[ Rrnk; Appointment of Receiver, Lend d d tha Bodrt w eahall,itdor to acceleration under Borrower hereby aasigas w Lender the rants of the Property, p P paragraph IS hercot or abmdorunent of the Property, have the right to collect and retain such rents as they become due and payable. ,. ~ ' Upon acceleration under puegraph Ig hereof or abandonment of the Property, Lender, to Perron, by agent or by judicially a poinkd ttceiver, shall be entitled ro enkr upon, take posussion of and manage the Properly and to collect the rcaU of the Property including those past riot. All rents coBeckd by Lendm or the rcuivv shall be appBed first to paymrnt of the wau of managemrnt of the Property and collection of rents, including, but not limited to, ttaive~ a fcea, prernluma on ttceiver's bonds and reasonable attomey'a Eces, and than to the sums secured by this Deed of Tmn. Lender and the receiver tha6 be Babie to account only for thou rents actually ~ecelved. 21. Fnttrrc Advance. Upon request of Borrower, Lender, at Lender's option prior to roleau of this Iked of Tmat, may make Fuwro Advances to Borrower. Such Fulure Advances, with Inkrest thereon, shall be secured by tlila Deed of 7nnt when evidenced by promissory notes stating that said note are ucuttd lhercby. 22. Release. Upon payment of all soma secured by this Dad of Trust, Lender shag request Trustee to release this Deed of Tnut and rhall.produce for Tmstee duly cancelled ell noks evidencing indebendness ttcured by this Deed of Trost. Trustee droll release this Deed of Trusl w{thout further inquiry or IiabBity. Borrower shall pay a6 costa of recordation, if any, and ihnll pay the ataturory Trustce'a fees. 23. Waiver of Homesttad. Bortower hereby waives alt right of homestead exemption in the Property. IN WR'NESS WHEREOF, Bortower has executed this Deed oCTroat. , ROBERT W. IOlULISF~°ROWC1 SHARON L. KRULI$IPorrower v STATE OF COIARADO gg, COl1N1Y OF JEFFERSON The foregoing Inftroment was acknowledged before me thisylh_day of ~prt a , l9 _BL , by Robert W. Krulish and Sharon L. KruLish. Wlmesa my Iund ofNcial uai. My commission expires: November 16, 1983 , Noury W Ile (Spftt Below Thh'Llne Reurved for Lender and Recorder) ASSIGNMENT lender, for good and valuable consideration, hereby ells, rnnveys, assigns and transfers to The Colorado National Bank of Denver, u Tronee for ]efferson County, Colorado, and its successors and auigns the above Deed of Tnut dated (including evidences of indebtedness ucmed thereby, along with rights, titles and inkruta therein, and any property, real or personal, received or acquired in substiwtion or realization thereof). i BY Loan No. 126128-3-3 S ~ ~ v ~ ~ i g $ ~ ~ i ~ ~ ~ 0 1 ,- ~ ~ s ~ ~ ~! m ~ 1 ~~ n~ O m i ~ 1 ~~ a >a a o- ~ ~y~ q' ~' n~ 8 A i i ~ f~/1 fa'; M~ C~ ~ tp I I T GENERAL POWER OF AT'T'ORNEY KNOW ALL MEN BY THESE PRESENTS, that I, Robert W. Krulish , of the City of hT~~* 1?~ dga-County of Tefferson ,State of Colorado , reposing special trust and confidence in Don M and R h F. Osborne , of City of the T.akewood County of .T ff rson ,State of Colorado , have made, constituted and appointed, and by these presents do make, constitute and appoint the said Don M. and RP'ncrra F Osborne my true andJawful attorney to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me. I grant to my said attorney full power and authority to do and perform all and every act necessary in exercising any of the powers granted herein as fully as I might do if personally present, with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue This Power of Attorney is for the sole_purpose of the variance of this Power of Attorney. application for_ the property located at 12081 West 32nd Drive, Wheat Ridge, Colorado. ""This Power of Attorney shall not be affected by disability of the principal. EXECUTED this 16th day of April , 19~- . »~-~.~LPJ nub PRINCIPAL Robert W. Krulish STATE OF Colorado ss. CountyoP Jefferson The foregoing instrument was acknowledged before me this 16th 19 92 ,by Robert W. Krulish day of April My commission expires 1-22 , 19 94 . W' ness y hand and of6cia] seal. ML Jensen 12601 W. Wheat Rid! *If in Denver, insert "City and." * *Stnlce either or Luth accottling to fact. 80033 N0. 34. Rev. 5-91. GENERAL POWER OF ATTORNEY (DURABLE) Bredford Publishing, I'743 Wazee St., Denver, CO 80202 - (303) 292-2500- 9-91 iA +J Copydgfit 1986 STATE OF ss. County of Being of lawful`age, the undersigned hereby affirms that on the day of , 19 , (s)he had_no knowledge of the revocation or termination of the Power of Attorney by death, disability or incompetence of the principal.* •SUike where applicable according to fact. by Subscribed and sworn on before me this My commission expires Witness my hand and official seal. COLORADA REVLSED STATUTES day of 19 Notary ,19 15-14-501. When power of attorney not affected by disability. (1) Whenever a principal designates another his attorney-in-fact or agent by a power of attorney is writing and the writing contai¢s the words "This power of attorney sha0 not be affected by disability of the principal:' or "This power of ariorney shall become effective upon the disabiliTy of the principal:' or similar words showing the intent of the principal that the authority cronferted shall be exercisable notwithstanding Ms disability, the authority of the attorney-in-Fact or agent is exercisable by him as provided is the power on behalf of the principal notwithstanding later disability or incapacity of the principal at law or later uncertainty as to whether the principal is dead or alive. The authority of the attorney-ia-fact or agent to as on behalf of the principal shall be set forth in the power a¢d may relate to any aM, power, duty, right, or obligation which the principal has or after acquires relating to the principal or any matter, tra¢saction, or property, real or persotal, tangible or intangible, including but uo[ limited to the power to consent to or approve on behalf of [he principal any medical or other professional care, counsel, treatment, or service of o[ to the principal by a licensed or certified professional person or institution engaged in the practice of, or providing, a healing art. The attorney-in-fact or agent, however, is subject to the same ]imitations imposed upon court-appointed guardians contained is seMioa 15-14312(1)(a). Additiona0g the principal may expressly empower his attor¢ey-in-fact or agent to renounce and disclaim imerests and powers, to make gifrs, in [rust or ottterwue, and to release and exercise powers of appointment. All acts done by the attorney-in-faM or agent pursuant to the power during any period of disability or incompetence or uncertainty as to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the pd¢cipal or his heirs, devisees, and personal representatives as if the principal were alive, compete¢t, and not disabled. If a guardian or conservator thereafter is appointed for the principal, the attorney-in-fact or agent, during the continuance of nre appointment, shall consult with the guardian on matters concern- ing the principal's personal care or account to the conservator on [natters concerning the principal's financial affairs. The conservator has the same power the principal would have had if he were not disabled or incompetent to revoke, suspend, or terminate all or any part of the power of attorney or agency as it relates to 5nancial matters. Subject to any limitation or restriction of the guardian's powers or duties set forth in the order of appointment a¢d endorsed on the letters of guardianship, a guardian has the same power ro revoke, suspend, or terminate all or any part of the power of attor¢ey or agency as it relates to matters concerning the principal's personal care that the principal would have had if the principal were not disabled or incompetent. (2) An affidavit, executed by the attorney-i¢-fact or agent, stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the termination of the power of attorney by death is, in me absence of fraud, conclusive proof of the nontermination of the power at that time. If the exercise of the power requires executiou and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise [ecordable. 15-14-502. Other powers of attorney not revoked until natlce of death ar disability. (1) The death, disabilitg or incompetence of any principal who has executed a power of attorney in writing, other than a power as described by section 15-14501, does not revoke or terminate the agency as to [he attorney-in-fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency Any action so taken, unless o6tetwise invalid of u¢enforceable, binds the principal and his heirs, devisees, and personal reprssentatives. (2) An affidavit, executed by the attorney-in-fact or agent, stating that he did ¢ot have, at the time of doing a¢ aM pursuant to the power of attorney, actual ]mowledge of the revocation or termination of the power of attorney by death, disability, or incompetence is, in the absence of fraud, conclusive proof of the aonrevocation or nontermina[ion of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the a6idavit when auihendrated for record is likewise recordable. (4) All powers of attorney executed for real estate and other purposes, pursuant to law, shall be deemed valid until revoked as provided i¢ the terms of the power of attorney or as provided by law. z w z F W Q W O a y ~ ~ 0 a ~ Ov IY C1 o Y ~ F G N .~ i .~ ~i U T A N i .. .v. w 0 T .[ b 0 V N ty 0 b O 0 U •n O ~ U ~ 0 0 U b b w 3 z 0 a LY. I z c. u. FA w NOTICE OF PUBLIC HEARING Notice is hereby, given of a public hearing to be held before the Wheat Ridge Hoard of Adjustment on April 23, 1992, at 7:30 P.M., at 7500 West 29th Avenue, Wheat Ridge, Colorado. Ail interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No WA-42-S• An application by Nina Macy for approval of a variance to•ailow 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 ~}~~~ `~.~~- Ma o Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: April 9, 1992 Wheat Ridge Sentinel P.0.80X 638 TELEPHONE: 303/237.694a The CifV of 1500 WEST 29TH AVF.NVE • WHEAY fiIOGE, COLOfiADO 80031 cheat Ridge POSTING .CERTIFICATION CASE N0. ~~A- ~q2 ~~ PLANNING COMMISSI,O` ~ CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ~"`~ Z3-9Z I, ~~c~a ~• ~~.Sd.~rl~ ( n a m e residing at ~~~~ /J(1. /`7u~`' ~~Ne~ ( a d d r//~~ e s s) as the applicant for Case No. ~/l~A•' "IZ-_8 , hereby certify that I have posted the Notice of .Public Hearing at /2051 G(JE~~~ 32~~- ~y1/2, ( l o c a t i o n) ~ on this 7~~ day of ,~y/~j , 19~`'9Z, 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. Signature:C ~~~~~-~~`~_ NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. • P.O. BOX 638 - TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge April 7, 1992 This is to inform you that Case No. WA-92-8 which is a request for approval of a 10' variance to the required 15' side yard setback in a Residential-One zone district. for property located at 12081 West 32nd Drive 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. c~ O~ `v N ~ ° ~ C-~ to R7 ~ Z ~ ilf ~ W .:~/.~ W~ B- rn a N c. ~ O )q•.•~~ fo Lfl ~ W AGE " ~ ~ c~ o 0 1;. cz ~ o ~- , Q -" ~ a U CL a a rl UI ti a 0 0 0 a 0 J O U ~+ S `~ 1 f ~ ~ _~ aap .may L C .Hr~..~ N v } G N L.-~N(~ ~~ -, r ~/r~ alep io Hrewlsod _-_ $ saej8 eBelscd ltllol /~enpep to ssa~ppy g •elep 'woVM of 6urmoy5ltliaaay wnyad paianpep alep 8 woVM of Bwmo451dieaay wnlay aaj •4enilep palauuay eaj •4anilap ~E~aadg ae~ peViuap £5008 00 `a$p??I ~EayM _ an?.xq IIE?nip ZL55 uzuggsEM ,i~~ag 3 u?nIEO . (as~anay aag) Via„„;, view ~euoitawalu~ ~o; asn lou op ~~• pap~nad a6e~anop apu21ns0~ oN ;diaoaa view pa~~i}~a~ Z'C'C- S'C'C L 0 6 d W ~ 1 ~ m C7 L ~ [ ~ W U ~„~ rl m W e' ~ y2 ~?~1 O 2 a 3 l/ v is v 0 3' w w O O c m 0 P 907 115 104 Certifiied Mail Receipt No Insurance Coverage Provided ~ Do not use for International Mail (See Reverse) _ _ Robert Krulish _ 12_081 W_. 32nd Drive __ _~ P 9D7 115 1Q6 Certified Mail Receipt No Insurance Coverage Provided ® Do not use for International Mail ,~,g (See Reverse) Don & Rebecca Osborne 10320 W. 17th Place Lakewood, CO 80215 ~_ m c 0 O M LL ~,_ai wye Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom 8 Date Deliveretl Return Receipt Showing to Whom, Data, 8 Address of Delivery TOTAL Postage & Fees Postmark or Data I -~- 3 m ~ m ~,~ ~ n,o m Nw .,o~~Z W m m ~ Iv 0 ~p O'm m3mno ~ o c fD O C =D _ £ mnm a?~ ~ O m ~ rt W ~ I.Q u mmcm .. o ~+ m I I rt a°..mm o fO D V'~•'~' x "' O m~ H 9 m -?- ~ ~ ~ . y' ~ G `°" a 3 % < m m m ~- p w p N N F-` ~- m • - m m -oo J. _ a tn.. - _ ~. - r__ .n < -..rtG m ~mooo-7 3 .yam+cC m -, o tF -t ~ `H v X m o ~oomc -o O m ~ N ~ lam ° n< r.~pl nom m "'CCCC °°°° ~ ~ m n G1 o W O o ~ o mQm m .~ :N mm m .. 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' m m 3 m m s.~ ~ D m ~ _m ~ N m 6 ~„ mp~p a - -CS $a m'm ^^^ ~rt Qg,o j,J m s m ~ g . t o n m3 n ~/ 3 o C ~ m ~9 ['' v m 0~0 m s ~;; m ~. 3 n! m m %m„ m mms 3 nm m v -1 D I C~ y P 907 Z15 1a9 Certified Mail Receipt fVO Insurance Coverage Provided Do nctuse for International Mail e (See Reverse) _ __ Charlotte Stephens P 9Q7 ],15 -1~B i Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail _ (See Reverse) , Marie Osse ~T Znra Ty__i_ve-- i P 9N7 115 1f77 f Certified Mail Receipt No Insurance Coveage Provided , ~ Do not use for International Mail ,~;µ (See Reverse)_ _ - I, Andrew & Laura Burt ___- --.-~ P 9D7 115 105 Certified Mail Receipt 1 No Insurance Coverage Provided ~C Do noYUSe for International Mail (See Reverse) _ _ - I Dennis Nelson 12080 W. 32nd Drive Wheat Ridge, CO 80033 ~ Return Receipt snowmy to Whom & Date OeINereO m, Return Receipt Showln9 to Whom. m Date, 8 Address of Delivery C ~ TOTAL Postage p & Feas ~ W Postmark or Dale f9 ~_ !A -.~ e „~ } o, _ x ~, . __ _ u ~mom • » ma ~ ° m s r S wm °$3z ° ~ 7 m3 o . 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L ~ -~ a e ~ .,~,.._ ~' -~ `~' M EE'#y~i'.y'. ~° ".+, 2t f ...id h-? k n yA.t _ I* j ~ } ~ ~ _~_ §.,• l 3s r '- - ` .. ~ a ~ , , i 1~ L ~ ' { F' Y ~ 1 L. S . .~~ d -. ~ ~ L Z~ tr yl T 1y'Z ~:i'4s 1. b r>8 ? ! . Si ` R rt ;y +,. t jf~ ~ l~. ~~~ 1i y .~ ,%,~, . . r r J.n .. - •. .'. . .. . ~3~ a ~~v ~c~~ ~ ~c~~s ~c~~ ~ ~~ C C v ~> 33~~, ~~~t~~~, C~QU t V1 UJC9S~~ ~ ~ ~ ~~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date of Meeting: April 23, 1992 Case No. & Name: WA-92-8/OSBORi Action Requested: Approval of a required fifteen (15) foot side Residential-One zone district. Location of Request: 12081 West Date Prepared: April 15, 1992 Case Manager: Greg Moberg JE ten (10) foot variance to the yard setback as regulated in the 32nd Drive Name & Address of Applicant: Don & Rebecca Osborne 10320 W. 17th Place Lakewood, CO 80215 Name & Address of Owner(s): Robert W. Rrulish 12081 West 32nd Drive Wheat Ridge, CO 80033. -------------------------------------------------- Approximate Area: 15,000 Square Feet Present Zoning: Residential-One Present Land Use: Single-Family Surrounding Zoning: S:, W:, E: R-1; N: R-lA Surrounding Land Use: N:, ~:, 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-92-8 I. REQUEST Page 2 The applicant is requesting approval of a ten (10) foot variance to the required fifteen (15) foot side yard setback to-allow the enlargement of the existing attached garage. II. SITE The property is approximately 15,000 square feet in area and contains a 1,610 square foot single family dwelling. The dwelling itself met all required setbacks, however at some point the shed was built encroaching into the required setback. The applicant has proposed to remove the shed enlarge the garage and construct a family room. The addition would run the length of the residence and be setback a minimum of five (5) feet from the west property line. Because the property is zoned Residential- One a minimum setback of fifteen (15) £eet is required thus necessitating the need for a 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 26-10; 2. Is the plight of the owner due to unique circumstances? The lot is somewhat smaller than the other lots on the block and those lots that are the same size or smaller have setbacks less than the required fifteen (15) feet. It could therefore be reasoned that a unique circumstance does exists do to lot size; 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 five (5) 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 topographical and floodplain conditions involved_ that would result in a particular hardship upon the property BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-8 Page 3 owner as related to the construction of a detached garage (ie. if a detached garage were to be built a special exception to build in the floodplain would have to be approved). 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 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 enlarge the residence by adding to the existing garage and adding a family room; 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 o£ 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 lot is somewhat smaller than the other lots on the block and those lots that are the same size or smaller have setbacks less than the required fifteen (15),feet. It could therefore be reasoned that a unique circumstance does exists do to lot size; and BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-8 Page 4 2. The granting of the requested variance will not alter the essential character of the local neighborhood as five (5) side yard setback encroachments (including the subject site) exist in the immediate area; and 3. There are topographical and floodplain conditions involved that would result in a particular hardship upon the property owner as related to the construction of a detached garage 4. The granting of this variance will not result in the setting of a precedent £or similar requests as other side yard setback encroachments already exists. 5. The granting of this variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood; and 6. 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-92-8 be APPROVED. ~ ~GS' AVE v z Q 7 Q 4 3 z O z ___. - iR-1', l iimrrr.~ art•namrro m nttnPnro on. m.. xam comma nllr sans arrtd: Pnven vrux xnr vrvsn w rnsx a vexevlr wcnn~m exnnvsrnrl: wanx Tnxxr. rexaN rdrsn ruv vsm.:nxvwEll Sven verum. tx xe ewvrr, Nnx axY acne exsn urvx PwY In:rxr rx Tnis taeuovcxvur :ornnox cLPTir{CPTE PV IEWIxIICCU M'•Ix rlraN TEX YYJPB EIXIN TIIE xPTY. UI YNa CERr:r[EPTIdr f.I1GiM1: IIEP2x. Metropolitan Appraisers Inc. 9725 Easl Hampden Avenue, g31D Denver, CO 8023 f 303-755.6766 FAX 303.895.7932 JAB NO: 32-12081 BORROWER: osHORNE 1 MPROWEMENT LOCATION Note kp Vscr: Ijr' E R T I F I C AT E This document I+ br Fltl< Insurance purposes only and Is the Or•tlnct o! , nee in+peetion. Dace Rna evidence not +upporl<tl by lound prunerlyy mr• ner markerv was basetl on analytical correlation o/ nuhllc Imnrevement• and Ilne+ OI aG<unna lien. An actunl + Pronnrty survey Is recommea<tl It g e:vet totanoNS Of Improvemenla and g69 O/ deed Ilno are required. y~~ ~'NOte: Side yard dimensions / were based on platted values o i°'~ and chiseled mark at PC ''6 .~ I.Ot (Point of Curvature) y ° 10 u; Zone A•1 r r W W ~ ~ \. a<Iltly Pul. Zone B ~_ r, a~ ••~ j i ~ .~ Q~v~ /iy3 as`~es y /I LIV p 3 ~~. ,r we. ''* :,~,.. Ash%'_ . ' ,• ' Q(. GYreE~ ADDRESS: 12081 West 32nd Ave. 9A,..~,3,yp.. Wheat Ridge, CO. DESCRIPTION: Lot 10, GLEN BROOK, ~•~ SUBDIVISION, (Per Lender) County of JEFFERSON, ~ ~' State of COLORADO. • CERTIFICATION • I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE SVAS PREPARED FOR: WATERFIELD FINANCIAL CORPORATION THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING OR OTHER FUTURE IMPROVEMENT LINES. 2 HEREBY CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON 4-09-1992 EXCEPT. UTILITY CONNECTIONS, ARE ENTIRELY WITH- IN TBE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO VISIBLE ENCROACHMENTS ON THE DESCRIBED PREMISES! EXCEPT AS INDICATED, AND THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PAR EL, EXCEPT AS NOTED. I FURTHER CERTIFY THAT THE PROPERTY DESCRIBED HEREON IS (,) IS NOT WITHIN A FLOOD HAZARD BOUNDARY IN ACCORDANCE WITH THE CURRENT FI. U. D. FLOOD INSURANCE RATE MAP DATED 2-04-1988 BEARING COMMUN- ITY PANEL NUMBER 065079 OOOSC..as shown.. see explanation below THIS CERTIFICATE DOES NOT CONSTITUTE A TITLE SEARCH TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD NOT SHOWN ON TAE RECORDED PLAT. LEGEND At'A30 Res Residence OH Overhan§ e U E Utill ly Easemen! AC AIr C<nditianpr G E Gas Easement Wik Walk D E Drainage Easemen! Sty Start' Car Garage LvI Level Dvy Driveway Rch Ranch Frtn Frame Sto Storage elk Black sib stable Drk crick Met M<fal Con Concrete CL Clothes Line Asp Asphalt Ene Encr<aehmen! Flg Flagstone f' Plus or Minus Crl Gravel W WeIIIWater) Pat Patio YL Yard Light P Porch Fnd Found 5 Stoop t Chiseled Crps: or Mark Ch Chimney o Tag or Plug 8W eat' Window • Pln, Reber or Pipe Areas of 100ryrar !load; base flood rlevations and flood hazard fazwrs desermineJ. Areas bctw¢n limli• of the l ODyear Rood and 500- year ^ood; ar certain areas subicc[ to l0eryrar ^ood- ing with average depths less than one (1) foot or wlmre the con lrlbwmg Jrainagc acre is less than one sgwre mile; or areas pro¢cted by levees from she base Ilood.. ~~ -Qa ~x.`~' April '2~," 1992 City of Wheatridge Planning D1V150n 7500 W. 29th. Avenue Wheatridge, Colorado 80033 Tb Whom It May Concern: We, Mr. & Mrs. Janes J. Gross, who resides at 10605 W. 38th. P1. Wheatrige, CO. 80033, have no objection to Sa'L^ly & Ken Th~nas putting up a garage at 3865 Newman St., Wheatrige, CO. Thank you for any consideration given to these people. S' cerely, ~ -Er'e~ Bea ice J. Gr s' _ -- ~~ a. ~i Tali _ . /Z!1 Su G~~1~'~ 3L~acr~r~/E - T It ~1~1-iTP ~n n~n ~'~~f.~rd~. ~ .J-~ I7[(J',ji7l7,.i114~/ /~~GU_~.SC. tin.~+,n i is •y~ J, ~~~L~/,~`"l „r. Z „a„ sr~zxx~ L~ rn ~uo~ ..g„ szgzux~ t- EKHIBIT "H" The City of Wheat Ridge Department of Planning & Development 7500 West 32nd Drive Wheat Ridge, Colorado 80033 Gentlemen: This letter shall serve as acknowledgement and approval of the Request for Variance made by Don M. & Rebecca E. Osborne Cherea£ter called applicants). Said request pertains to the property located at 12081 West 32nd Drive. We have discussed and examined the applicant's plans to enlarge the existing one car garage into a two car garage and the addition of a family room behind the proposed enlarged garage. We are in agreement and approve the proposed addition. Further, we are aware that this addition will be constructed no closer than five £eet to the property line. This variance will in no way be detrimental to the public welfare or injurious to our property. Zn addition, the variance would in no way alter the essential character of the locality. On the contrary, a two car garage would add to the value of the subject property thereby increasing surrounding property values. • We wish to request that the planning commission and/or city council approve the request for variance. Sincerely, GC G ~ Nam . ~6Yj £Gtuv~tc Address: ~Z/[(/ ~- 3~i`a Pr imity to Propert (/~cSt Z h~~ ~'~ Phone: ~~~"6 ~~~ Date: 3f Zg/C/ Z Name: rr ~~~~ /~ 0 Address: ~~~~ W ~~Y~ Pro ~ ity to PropJ~ertY~ Phone : f~q ~ ~ ~ ~J .au,~l:~ Date: ~jlZ~~9,.Z Name: /~~CY d to . lYlc~~ Address: /~j6~ GI, jZ-~.ei` ~~~ Proximity to Property: ~ G~i ~ /'i o u J<s Phone: .a33 ~'~y~' Date: 3 _ Z `; _ 9Z ~+ Name: ~1 7(.t'. 3°7~v Addres ~~(W •~4 -~O ~'~~i 3 Proximity to P~iroperty: ,~ ~t~~ize.s Phone: ~~~ ~0 ~ Z(O Date: 3~o7`j/f,z.. S. ~ , Page 2 'I Name: ~ Name: Address : CY S `~it-t- ~j~y~Address':. Proxip~~~ to ,~g~erty: Proximity to P o rty:r C('Y(~55 /o°{D~Q ~~~~~ 1.205/? ccJ 33~~ Phone: ~ ~8 `-~~~~ Phone: -~~3,`/735~ Date: 3 ~ Date: Name: Address : I~CSq`rl G~7. ~Zy.~,f~l :~. Proximity to P operty: o~ ho ~A-6 @- Phone : ,~~~j -~J j~ Date: ~ _ ~~ do , ~"Lze 5 ~ Y--e~.fi ~~ (~L1/ Name: Address ~Z/~~? ~,J'~a~~ ~,-,q~ Proximity ,~! o Pro~perty~ ~C:f~„~S ,~'2~ ~-lp~r"f Phone:z3~-S~zLf Date: 3, ~ . 7 Name: Address: /a206/..1~ 3,7,„~/,~. Proximity ,tpo Property: UYiQ ho-4 e-a- .P-Q2~ Phone: ~3r_~JOoz Date: 3-3a- yz ~~Gz%~ AN'D REw .~- LAU RIB ~u'2~' Address: ez l2f W, `32,~ 'ofZ_ Proximity to Property: c~Nc_ Ho~sc W55-( Phone: 2 3`t-9icS~ Date : 3 /3a ~ q Z F 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. _- ~ µm~~~~ ~;An application by Don and Rebecca Osborne - fo -~a~~ -varxancd 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. CITY OF WIiEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 23, 1992 Page 15 Board Member ABBOTT asked the applicant if the existing garage door will be removed, and Mr. Osborne replied yes, and then further explained their plans. Board Member ABBOTT said the narrower the garage the more room for drainage, and Mr. Osborne replied however,that would not architecturally look as well. Board Member ABBOTT wanted to know how much room there is between the fence and wall of the garage, and Mr. Osborne answered 4 feet. Board Member RICE asked if the fence. will be removed, and Mr. Osborne said yes. Board Member ABBOTT asked the applicant what he felt was the hardship, and Mr. Osborne replied he is a construction superintendent and needs to park his company truck in a garage at night, and another factor is if they built the garage in the back it would be in the flood plain. Board Member ABBOTT asked if the applicant is going to buy the home, and Mr. Osborne said that would have to be discussed. No further questions were asked of Mr. Osborne. Rebecca Osborne, 10320 West 17th sworn in. Ms. Osborne added they and the only thing prohibiting is house needs a lot of improvements up to the neighborhood standards. regarding setbacks. venue, Lakewood, CO-, was do wish to buy this house the one car garage. The and they want to bring it Discussion followed Chairman BERNHART asked would they be operating a business out of that address, and Mr. Osborne replied no. Board Member ABBOTT questioned Exhibit 'H', the neighborhood signatures, being missing and Mr. Moberg stated al_l_adjacent property owners have been notified by certified mail and added lack of neighbor input tonight is enough to recommend approval. Mr. Moberg added staff cannot decide whether a setback be more or less, because we need to speak specifically to the variance and not try to re-design things. No further questions were asked. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: April 23, 1992 Page 16 Motion was made by Board Member ABBOTT that Case No. WA-92- 8, an application by Don and Rebecca Osborne, be APPROVED for_the following reasons: 1. The lot is somewhat smaller than the other lots on the block and those lots that are the same size or smaller have setbacks less than the required fifteen (15) feet. It could therefore be reasoned that a unique circumstance does exists due to lot size. 2. The granting of the requested variance will not alter-the essential character of the local neighborhood as five (5) side yard setback encroachments (including the subject site) exist in the immediate area. 3. There are topographical and floodplain conditions involved that would result in a particular hardship upon the property owner as related to the construction of a detached garage. 4. The granting of this variance will not result in the setting of a precedent for similar requests as other side yard setback encroachments already exists. 5. The granting of this variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 6. 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. WITH THE FOLLOWING CONDITION: 1. A building permit will be obtained within six (6) months. Motion was seconded by Board Member REYNOLDS. Motion carried 7-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion of -the attendance resolution. 7. NEW BUSINESS A. Approval of Minutes: February 27, 1992 March 26, 1992 Motion was made by Board Member HOWARD, seconded-by Board Member REYNOLDS, that the minutes of February 27, 1992 and March 26, 1992, be approved as printed. Motion carried. 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 May 1992. CASE NO: WA-92-8 APPLICANT'S NAME: Don and Rebecca Osborne LOCATION: 12081 West 32nd Drive Upon motion by Board Member ABBOTT seconded by Board Member REYN LDS ,_.the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-92-8 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-92-8 be and hereby is APPROVED. TYPE OF VARIANCE: A 10' variance to the required 15' side yard setback in a Residential-One zone district. FOR THE FOLLOWING REASONS: 1. The lot is somewhat smaller than the other lots on the block and those lots that are the same size or smaller have setbacks less than the required fifteen (15) feet. It could therefore be reasoned that a unique circumstance does exists due to lot size. 2. The granting of the requested variance will not alter the essential character of the local neighborhood as five (5) side yard setback encroachments (including the subject site) exist in the immediate area. 3. There are topographical and floodplain conditions involved that would result in a particular hardship upon the property owner as related to the construction of a detached garage. 4. The granting of this variance will not result in the'setting of a precedent for similar requests as other side yard setback encroachments already exists. WA-92-8/RESOLUTION Page 2 5. The granting of this variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 6. 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. WITH THE FOLLOWING CONDITION: 1. A building permit will be obtained within six (6) months. VOTE: YES: Abbott, Bernhart, Howard, Junker, Reynolds, Rice and Rossillon NO: None DISPOSITION: Variance was granted by a vote of 7-0. DATED this 23rd d~ of April, 1992. BERNHART, Chairman of Adjustment ~. ~ ~ ~C Mary L~u Chapla, Sec etary Board o Adjustment