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WA-94-11
rheCrryo~ ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant _i~, ~ (,,, Address ~/c360 ~LG,'son Phone Lea//S^f//o Owner Sp a Address Phone 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 ~ 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 8 Final Solid waste landfill/ [~ ** See attached procedural guide ~ Othereral extraction permit for specific requirements. Detailed Description of request ~,--~ ~~ T-7aC,41eC7 .-- List all persons and companies who hold an interest-in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE .Qp,,~L.l^Ma,ra~wrci ril~3hcaf" y360 S~CG,•sa .-, ~.~iid~~{b Lom,ns rnor~rg.xv-a Pof3o~ Say// D.oGLns T~~.ns 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 behoalf~ Signature of Applicant ~~~~! ~pT '-~ Subscribed and sworn to me this O day of -~~,,'. p'_19 ~ - Notary Public SEAL ~ a g'-~~ My commission expires Date Received _ Receipt No. Case No. PAUL MCSHEEHY 4360 JELLISON WHEAT RIDGE,. JULY 7, 1994 ST CO. 80033 DEAR SIR OR MADAM: RE: VARIANCE REQUEST FOR AWNING COVER I AM REQUESTING A VARIANCE WAIVER FOR A AWNING COVER ATTACHED TO A GARAGE AT 4360 JELLISON ST. PLEASE SEE THE ATTACHED IMPROVEMENT LOCATION CERTIFICATE FOR DRAWING. THE REASON I HAD THE AWNING COVER ATTACHED TO THE GARAGE IS TO KEEP THE LARGE TREES LOCATED ON THE ADJACENT PROPERTY LINE FROM DROPPING SAP AND LIMBS BREAKING OFF AND CAUSING DAMAGE TO MY PROPERTY AND BELONGIN~S._ THE TREES ARE IN VERY CLOSE PROXIMITY TO MY PROPERTY AND THE LIMBS AND BRANCHES OVERHANG 20 TO 30 FEET INTO MY PROPERTY. THESE ARE VERY LARGE AND WEAK TREES. OVER THE YEARS LARGE BRANCHES HAVE BROKEN AND CAUSED DAMAGE TO MY BELONGINGS. ALSO HAIL DAMAGE HAS BEEN A CONCERN. GRANTING THE VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE LOCALITY. THERE ARE OTHER AWNINGS OR CAR PORTS LOCATED ON-OTHER PROPERTIES IN THE NEIGHBORHOOD. IT WOULD PRESENT A EXTREME HARDSHIP AND CONSIDERABLE EXPENSE DUE TO THE FACT THAT OVER THE YEARS WE HAVE INCURRED SEVERAL DAMAGES CAUSED BY THE TREES. I HAVE SPENT C-ONSIDEAABLE AMOUNTS OF MY PERSONAL FUNDS TO TRY TO KEEP THE TREES TRIMMED„ BECAUSE THE OWNER OF THE TREES WILL NOT ASSUME RESPONSIBILITY FOR THE UPKEEP AND MAINTENANCE OF HIS TREES. OTHER PROPERTIES IN THE NEIGHBORHOOD HAVE THE SAME CONDITIONS DUE TO THE LARGE NUMBER OF VERY LARGE OLD TREES. THE PURPOSE OF THE VARIANCE IS FOR THE COVER TO PROTECT MY PROPERTY, VEHICLES AND PERSONAL BELONGINGS THERE IS NO PERSON OR PROPERTY WITHIN THE AREA, THAT COULD BE ADVERSELY AFFECTED BY THE AWNING. THE COVER WILL NOT AFFECT THE AIR OR LIGHT TO THE ADJACENT PROPERTY. IT_WILL NOT INCREASE CONGESTION IN PUBLIC STREETS OR INCUR A FIRE DANGER, OR DIMINISH THE PROPERTY VALUE IN THE NEIGHBORHOOD. - RE: VARIANCE REQUEST FOR FREE STANDING BARN IT-WOULD BE A HARDSHIP TO MOVE THIS STORAGE UNIT. IT WOULD LTMIT OUR ACCESS FOR ENTRANCE AND EXIT AS WELL AS, PARKING IN OUR DRIVEWAY. TO THE EAST OF THE BUILDING THERE IS A VACANT LOT AND THE SETBACK IS WITHIN 10% OF THE ALLOWED 5 FEET. THE NORTH SIDE IS OPEN SPACE WITH NO STRUCTURE FOR OVER 200 FEET. THE CLOSEST PROPERTY FENCE IS 30 FEET AWAY. THIS IS A UTILITY SHED, WELL MAINTAINED AND PAINTED. THE SHAPE-AND DESIGN ARE AESTHETICALLY PLEASING AND IN KEEPING WITH THE NATURE OF THE NEIGHBORHOOD. THE BARN IS USED TO STORE-THE LAWNMOWER, SNOW BLOWER, YARD IMPLEMENTS AND ITEMS THAT WOULD LOOK .UNSIGHTLY IN LEFT OUTSIDE. BECAUSE OF THE LARGE SIZE OF THE PROPERTY, THE MAINTENANCE EQUIPMENT IS ALSO LARGE AND NEEDS TO BE STORED IN ADEQUATE STORAGE SPACE. THERE IS NO PERSON OR PROPERTY WITHIN THE AREA THAT COULD BE ADVERSELY AFFECTED BY THE BARN. THE BARN WILL NOT AFFECT THE AIR OR LIGHT OF ADJACENT PROPERTIES. IT WILL NOT INCREASE CONGESTION IN PUBLIC STREETS OR INCUR FIRE DANGER. IT WILL NOT DIMINISH PROPERTY_VALUE IN THE NEIGHBORHOOD. SINCERELY, PAUL MCSHEEHY -___. ~ , 1. ~ ~ ~f GARl80P1 [NU4HtEHlIdCa Al4D APPnA1~AL CO. (1 ~• •J .~ 4 L $pd g, lghde{deM Mlvd. \\`\~~_.ie - t)enver. Coto, RIOTZ6 ~ `v tAana:: o$A •31c bg ~ ~ ~ Q i 4 ~ ;~ ~ fan c. `~ ,-,:,= ~' . iI ~, v} ~9 ~C? i 7i1 ~ C"~.' 1` 1 q t a • { • • 1 V< f o v k U -) ~ a ~ y !. + ~^ er ~~ Z~ I X11 {y h?N -. . M i t l~ , t o, . ,n r-~ S '~ p, 3 at l 1 1 r f.! ' ~J ~'. 7'%' Q I 1 ?.'; t ~V - ~I °~~ r' } ~a 8 ~ ... ~. is ~1 l i' `naa „I ~ ; '+~. +~ t rte.. ..~._..~ ~ ~ I L t m F. t ~~y ~ ~ L~.. ! , "M. 6 •„S ~: ~` :E, ~~l w 'c - _.-- a ~ a N - A p ~ sf t 1 t -..-. e t' L~J a ~ k 1` / c L~ ~~1. .. ~ ~ o _ , ~ 4~p-`~ ~ - ~~ I ~ 1. .~,F~_~_ ., A_,,,. ,T. 1" I~ ~e _ .._ -.___ __.- _. '-_ - J r-}~ i' :e ~: k :,i f j I ECAI£ p S ~ •.` ~ f , `~ ' `' 6eginr,ing at a point S3II feet East taf the Southwest Corner, the 5ot[th~+est «i~,} I~gi'., i~,>$~ ~. ~~~ k4gar Destn~rV~r~ Df the -'.G rt nwn5L 1(4 of SeCtiOn 22r Township 3 SOU thr ('dng2 6~ 4ioSt Of ,the t45 h,"r( t Y, 4-rp x'~ i pt,F;,r.Therrce North T2 feet; Thence East iii? Ifeet; Thence SRUth i$0 f@et, Th"nce Y,~ ~`€ ra ~ ,~` ,~ r ww[esL 2rr2 feet,'-(hence Narth 5G feet to potn*_ of 6cyinnsnq;• ,..• K •Goupty of .7tft`crson, State of Catprado 'ICarn9 (Southe___ r__n Trust ~ r {q t harry ~cCrt~fv, that this Improvement IataCion rartificate wns yrenared for <,' •thi ~rmPeavvm4nt lOGatiIX7 }H inq btxd o+r fMUndary trVidnrl0a xnc EMt it it not :o W relied unan for ~Sf+a efGari trtmt nl knc* • 5 .R ~1~ r'~Y " t:odA~nq. 4r .. hrrifVfvu improve men: boat, 1 OWthsr ®rtlfY 1ha! [t1a impm+a mini: v tht abava r(K'crlhrd~•gnrpet on lnltat ~0 vnl A5t ` € ~. ~." t -•~, ®xut Pt v[ihty Connsctiana, an tn;•re Y wrtlin the Goontl•nes 0. !rb rttl, iacc. k nqi' 1 - tl: OS - - _„ __~•~ _ ......d,..~+...n .wm•. •a «vrun «. Inch Al c~1 and roil - r1'. A w-,. .-._ - ~ ~ - "~t'I:'3 IS A CFl~1CICLLLY ~'P.LATED PAPF~tt -_ ,«d:'^'x~ ~ rYOT', LEAVE IN DIR~'CT SUNLIGHT ~+`r'13,R. ~X?OSi7RP TO LIGHTS WILL CAtrSk' •~_ "- ~r~R TO DAFRFN ' 9 Mme s G. ab '- ,~q > • Wx ', rya %f 'fin ft4 "aur ~~}$ ~ P WNy 'ti'':X ~,~f" ( •+E4 ~' vvi ~ Y .. ._ .k. .-~ "y y_ _ ~ r r ~#4 Y~ s r Fv'j~, 4 ~. F Yc' -p~@ '~,. +,< . ~ i't 9K l S,pCt . ¢ r' ~ ~ r n , ,a >~~ ~ #~. ,1 ^ ' i iip` ~ ~ i ~: wy _;. ,.,7t r~~ ~`%` - }:j t r ~ ` ~.~ - > .~ t y{{~~y ~~~ ~ ~i~ rtzk S ~ Y~yi"°N W~ I Y - 4 7. ~ ~ ~* !~_ /Y r~ }M pdMtljMNrNtW MOw HTr'fYf ' ~ t~'t i '~ ~, r~ iI lira C-kAh4rN RMMe C,whrYa RR119~P1 ~ _ _ _ ~ •, TS _ tF ttNSFL%D/If U1ED lY ACO:'IN.IA@ll C1~aR7NAN4.+,C[i4H•t%Nf~•r }'~"u' _ 1 , _ .•._ ir, IPIRKaL.YE?Tp")!!!7.f!'N~!!8!i.1419M1tNH1ltlKlflRN#SJl1lti ~ r ~~ ~ / .,. y. 'y I~' t p~pARTiiIMDT x.~.,,. ~! ~ June , ' II j ! "~ t:. x !I' THIF DI•F.D OF Tai'gT tx mx~C thin. 24th d r t@82. between., S .. y ~, 'J. ~'~ >_ - tt ~ ~ -': ~ PAUL E _ McSHEEfi4Y and hI1tRCihaR~'1~ -AAA" CEEAY' __.,.8.4Q33 taormw4rt I I ' °"""' 4360`Jel~son-S~ree~t, a [ _. ~. ~~_.. _..._~ :: - i ~ Nht rA•Ydd Y4 x. tN ., - _._ ....~.._. ~- M - ., ~ ~ - -,. and the I'uhhr Tt uxwo of t hr Cauntg in which the pruiY•rt) t*4•r parwgraph i) ix »Ituxtrd Irru+ewl fur Lhe hencS[ of G~ _ , °' ~ ~ ~y.: R0Y A. KERNS, J'~{, „arid JEAN E. KERN5 ttendrr9.whunexddrr*aia I _ ``~_-°" ~, „ 4765 Isabell Street, Golden, Colo. --_- _ n ~^ - Borrow. r and L4•ndrr arc enxnt xnd aKrer' »fullaw»: -- ' c , ~..1. t'npY rty m Trux:. Hnn owrr, in ron»ideratiun of the indehtednrnn herein recited aM tfie trust he do p ~ _2 ' ~ ~;',{ crrutvd.hma•hg Krant*and canveyr to Truxt4~y•,rp trust; with puwerofxale,thrfr.Il4winR de*cri~dpropert: incaudfn +I~ I ' Cnunq'ot ., .I@L-I Cr9on _.,gtxtr of Colarxdu: 14, '-•v-~~- ~+ -~ t['.-the: .. _.. _ .. { -i The North 90 feet o£ the foSlow~ng described property: fl '.'~` ~ .. aIi "Beginning at a point 638 feet East of the Southwest corner of the I ~~ ~ ' `~ SwkN?t'~ of Section" 22, Township 3 South, Range 69 k*est of the -6th ~! { _.. '~`' `;~ F.M.: thence North 124 feet; thence East 242 feet; thence South _ -: I 180 feet; thence,West 242 £eet; thence-North 55~fcet to the point I ~~,~ ',~ ' ~~~ ,~i o£ beginning. t atj44L 5~ ")'' 1 .-a.,l , County of Jefferson3 # ~~'.State of Colorado.. ~ 11 ( - ~.~_ • ~ ~ , '. ' s I,'~whirh hxx flee xddn•*n4f 4360. .IQiJ.1S9IL,$t.LQet .» r - '- - '-_ h ~s +~'rtr~.[at,Cv t,~-~ wheaL~RidgE_-.., tulorpd~ 8;00.3.3_~~. t.. r_ - '-'--,`-r;rp Fear"` I ~ ~' _." .c rKa. - ~:- } r e ' " - IYn Pr rev Addn•nxh toa'rth4rwitfi all it*xPpurtrnxnrr*IYrapertYL , ' ' \o[r Othvr (..bhxxtiunx Srrured, Thin Urrd ofrrux4 uKnrn to*wure to Lender { •~, p A.thr rrpa+mvnt 4f the mdrhtrdnr*x wldenred L}'Borrower»n•relRotr/dated 4~SFAPs_ 7.4.a._ 19~!2f•tn th4• T ~~ t . S .. - ~! ' (1YiCAN THRF>: j~UNDEEIl-_A+*~D-~"i~.I>1~Q•-=~~ ` II = ~r - punuPUl .uma(-EVEN.. T'rir -'~- .. t~2._. un[il Paid. nt the s ~ _ i' L'.S Dalian. with intrrrxt nn the unpud ynnriPai halxnrr from -- --.T]1nC 2$'-a- II t 4 ' tu0.•al 12.0 irnx•nt rer unnunt. with prineipalxn,,((inixrrxt pxY'ablr at - ` r ,.t'~; ,~~, 4765 Isabell `Street, Golden, Golo. 1{ 1 " , ' ~ ~- xONE}~+•H~JINDREDrTFiIRTEEN~~ND •NO~~~hly-interest_onll+'a+inrn[xof - w-- ~ ! L •' p -- -idm nthr- -24Th dx}' fen 1 and every ElORSh ,_. , A it llniklt•V, 113.0'•' 7~ - 1 ~4in is JUly-24, -.Ir82'utll Pa+nn of t+n•r n4rtt anti{NI '•nur+lndrhltt x*rudemr tl+ • _ +t I ao rir r 1 r 1 um4wtt arts widrny. xM[ wv uPJ into rrnt ' f \.n. r• fuih I I x4+r 1 4f n• t r ~ Iw nt, tl anu re y f Y ~~. lu'r I wl hr li. m pu+.rlh ale June 24, 1u 82 ~~s/~~(, I 1 _ Pj ^ax4a^:~~ .. _tt.,..{d ~~tl?ll"/N7XL'1~!!rc /FL(7'a~''3l(`/a'F/t~,!` h~S~f~~SK,~'Etu'A7'.,a,. ~If/ . < .I ,•. , per day for i{ " ~ ~-t n{Inht hlK~f'$3~0/.r'i~a~aVlxvnrnt note clued L4 the Lrnderw hen -,--,~• - _ _ and IS,. r + r 't 1'r 1 € m- - teR In 'I Pu r•n[4+hn-ur fBrrt,wrr hw if~r tri}[II/tu Pr"Pu?Ihe prmuV++I Gnl4ont out»CandlnB nndrr ri I . •~ -~•',+'. x.d ArM u. nh•nv r n l um,u4 wl } fur-w xithnur p+nxhY /yr • 1 -_ c' ~` ' ~ - S ~ ~ ''9 per annum AtxLurnrd by Lender , y Rllu'I a+ i 'I~ C Il ul li ni ntli lour t{hr n•m,n 1 i +~. q ,,~~y¢9 ' ~ ~" ''ax. - .v Inlr r.r lul iOi IIn.U IdD'u. to n~ tmtthtx mo+ ttlu. Pr rJ n(Tl un6 xnd ~~ t r l [I •Prrhl nxn trb ht 'nod 4Krrr n.•nt*n(Nr rr 4 rholvun ntamed ,z _ 4„ y '11u l1 r 1, r r +r 1 rnl thus B r 1 x4 r r v a, 11 I ''t the nKht to Krxnt xnd eanvey fhr YroprrtY. and ~i - _ f 4 t r n I r r I 't Ir t.n4> fur [hr. current year, ra»rmrnta of record or in i ar _ _ xnr'rl nt. n I 1 tl :r 4 . .: I - ~' T~ ~ ~ rtntr uar .ant to •ntrrl d[J.u.n nrn .rt. birD rnn, revrl+nuun, and loo en xnt» if nnY. x*of thlx date and ezttPt Yr a p1R5T.Deed of Trust in favor 'of SOUTHERN TRUST AND MORTGAGE CO'~PA~ _~ E"; !I x,` _ F _--,, - recorded. April _27,:•1979,, at Reception No. ?9030857," ~ f.r k / 1. ~ Ik:f t ~ ~ .,' ~, P 4nt t fErl orlon l(n r rt H el rwrrnhwll[ - mptA pu+nfirndur zhr 7hnnpxl uix dmirrcsL nr he r ' t rnr!rhta•dr,t,..+np 4nt cry ttv \uh, nod ter churK •` xr pi. id4d in 'oa Krdr xnd *halr pritUllR aii of }~prmW a I r / __g ~th4t unrn-.en rr•ntnm Irn th \ t ~ ~ !t ~F -- ~ ~ 4{pd r.,nnrto(F'nuu nx 5lput r: nrl r,nllvl~ndor undertbr tern»h.mrrf.halibeaPV7itd h)Lettder ~I m r n ~ ! *- h lr}v'rox YundM lnr Turco- nmt tnxure rrlrtham to attman* t=: 'f4>tp r•u+nn n[orxm{ru furi ar tm tFt nyr X F i ~- ~~. I ~-1 Ir ford f n,frr lru~ ur •par rrrnpt, '. it r.,.rr : m'uf Lrndrr Su.lvrih-.nmi the l~+ianw In otrr-it'dn*a•+'f4h . .. - ~. tl•4 tore r u . n•htir.. r 3rr tiu4r. - - ii _. "~'?`- ~\..s-.. W. P.O. BOX 638- TELEPHONE: 303/237-6944 -_ ThE clfy Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge August lOr 1994 This is to inform you that Case No. WA-94-11 -which is a request for approval of a 10' variance to the required 15' side yard setback as required in the Agricultural-One zone district. for property located at 4360 Jel]ison 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 August 25, 1994 All owners and/or their legal counsel of the parcel under consideration mu 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" - ~ ~ O ._ 3 °: _. --~ c ~ 'n O W ~ N !/J ~ N N I I _y _ '~ 3 ~ J - - - } ~i ti O Ut fn (ry N p~ W aD A ~ c ~ m ~ .. ,~` m ~ I ~ * n~ i a a~ m. m c° \\~~~\\~~ ~ -!1 Q W UI ~ ~ ~ m ~ ~ W ~ m C N I j 1 m ~ ~ I Q d ti / 3 ~ ~ m .~ r ~- O W y V (Awy ~ J r. rs ~a+ ~ W~ 4 ~~~ n ~ F s A ~ ~ h+ V ~ Lei Dia y~D'~~a ~~ 'n'Q'~'mn~ 3m m .s 'S~aa a. _ y ~~° ~N~ a D0~^ ~d~ o ~a,~ 8°• w~...o ...m Dm'y~y~snni ~a~~ ~99p la Ctap~ ~tJm Lal ~i]-25 y a~O ~~ na N 00 d4r a T°-- °aa 8 ~a3 ~dR f.~a NPoN ~- ~p P O' ~~~~_~_ ~ n°A'~~c ~3oo N n6N ~ 9"A y-"`p¢ c,.,m.. Q1p3cH ~m~a m TACO cN a3 ~ °~o ~-pp~ Tam 4~¢ s ~~~ da, gee f.~o ~wv ~$°- vG ~=m' c m ~ d ~ 'm_ a ~' ~ m 'fir 2 „-~ - - --- W ,Q.~O~p~~~N ~ Rm ys '~R~ ' D ~cm '^~N m m yy p AA ENE yr3n W I~ y 3 m W .~ O~ `8 Ta° ~a 4B ° ~"~ ~ amo µ N y £~~ ywN m P o ~'tt O 9i n ~°m~ ~ . ~ ~ T 3 ' a i t °- . ~ m ~ n9 ~o ~ ((~~~ S ~ ~ P u ¢ ~ m' 0 0 w ~~~ s ~? ~ d . ~pp ~a ~ 2 c ~' s d ~ ~ ? ~,' _ m 3 n ,.., ~p /r a ,' m .:. o aJ'~ ~ m W m m ago a w ?1 fU ~: n ~" m S fA m ~ ~ N N f/1 p Q p rU N °- m ~ ti ~ n W ~ m ~ ~ ~. m'z m ~s 3 -D m w m ~ m ~- ' _ f t..._ __ _ __ _ _ _ _ _ P 1 i i P 918 242 741 ~ - ~, U1 m m m T Z ~ "-' a Q -I n -°i ~ A ~ .~. :i` ui (J O P 918 242 740 ,~ ~ U) y T O 1T7 z "' a n < m c T '9i Z II ~ ~ 9 . P 918 242 745 e'~ m ~ m m ~P .918 242 739 _ _ _, , (A fn 9 n m ~ Q ~ < m_ c m ~ Z ~ -1 Q W ~ W iF~3 ~ lB ~ v~ n rn A m v 1 m Q m m n_ r IMPORTANP. 4B \ ° N ~ ~ o z ~ m O NO OS m ~ ~ R ~ a~ ' ^ m g a m; m ° v l~ ~ z ' a o m y a n im } ~ 3 bma y a ~ ~ ' ~ u on - a f9' s~ m r. ~ b Ct r K LS ~ o cu i~ i 6 H A S o a a PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. ,. - : -- _. _ ~ ~I ~ . (n (n ~ ~ j „ w ~ C m C m y~ Nei v I I ~ b Si .. a I ~ ~ ' ~ N < ~ a y •' R P ! ~ V - ~ ~" 'R O C C °~ ~ m m ) ~ Ei -1 I I a 'v ~ m 3 I ~% E3 $~ + SP n ip ~ N ~ 1`/ ~ t+'g (O 0 W f ~~ -~ 0 3 W Ol J j ~ N N (D m G d c N ~ t+ Lr I 'n I 'n a H r~ °' , ~~, n m ~ ~~~ ~ ~ ~ ~ in ~a d c N I w c N _ I y~ ~ W ~ 4w ~ ob n / ~~p R ~ b ~~~ n W • ^"k. >" ~ N~ K ~ ~ A P ~ a °i N m -c ~ N ~ ? " N T m n ~ B y a ~p Q ~ ~ Iz m ~ N T m m N ~ 3: w$..:o.:`~I D. -I~n~m~~i~ 'n'Oi~m~g'93m N ~ m_ _ m p D~ L ~mm ry1~~0~ ~N ra ~,R3 w- o °__a mP Tam dpd 0 ryAm 6~0 f~a' NPN - d m o' o$o o u ~ ~I n o~~n~'~nmm ~93~ N $~ '_ ~? ~m~ am z, ~__ m-a3g ~N y m~3 '~w.. Q 9~.0 7yj T°^- no,o o ~A~ B F~= $~N ado a ~ ~ ~ ~ ~: ~md, ~mn ...~,._,.~3.__ ~mm~ ~~~ E ---- 3 ~3 f I ~~ a t f i - -~ -P 918 242 746 m m m ~-" a m -~i ~ r u s _OJI P 918 242 744 x W m Z ~. .~ ry Q _ P 918 242.742 m m m ~ = c A m -~0i ~ ~I _ - . _. -~ ~ i (A (n m m m ~' I I W O ~m~ Np~N I nm °O 040 ~ 6 °_'~ m o ~~~. < ^3° ' ~ m m 0-'n mom _ ~co o O 4F~ 3 I ~~~ a ~mx ~m ~ ~3~ o ~aa `8"~ a ~, 3 ~ a D - O v [~ N d N -` £ I 6..9 D m0 ~ ~ O N 6 < ~. N r m ~ ~ w ~ ~ ^, o Rl m' a m N ~ N ~ - D d N, ~1 0 ~ a ~ m ~ ~ ~ ~ ~~ W m y d m m 77 m n m v 1 m C7 m 'i1 m v 3 D r CI' g m "' N °v m > ~ _ O h' ~ ~p 9 w+ ~ h3 > a a" ~ oc ~ ~ zm ~ o a ~ m s I o y J IMPORTANP. PLACE STICKER A7 TOP OF ENVELOPE TO 1 THE RIGHT OF RETURN ADDRESS____~ P 918 242 743 m m m m l • c i ~ m c ( Z -I m -~{ z i 1 ~y~} 49 (F1 ~ O ~ I 6g I K yf R* ~ m gm $ i~ 1 w ~ v o o m ° yR n ~I d S n m of ~Ia...~.. wl. KISSINGER & FELLMAN, P.C. ATTORNEYS AT LAW RICRARD P. KISSINGER KENNETR S. FELLMAN JAMES E. SPOJA hLVtILVN LEONARD CYNT®A SQUIRES C. RABBIS ADAMS VIA FACSIMILE - 234-5924 ORIGINAL TO FOLLOW August 23, 1994 Greg Moberg, Planner/GIS Manager City of Wheat Ridge P.O. Box 638 7500 West 29th Avenue Wheat Ridge, Colorado 80034 RE: Paul McSheehy, 4630 Jellison.-Street Dear Mr. Moberg: PTARMIGAN PLACE, SUITE 900 7T73 CHERRY CREEK NORTH DRIVE DENVER COLORADO 80209 TELEPHONE: (307) 720-6100 FA%: (703) 320-0613 This letter will confirm our telephone conversation yesterday informing me that due to an error in publication. there will be no public hearing on Mr. McSheehy's variance requests as previously scheduled for this Thursday, August 25, 1994. There will be another posting and publication of notice, and the matter will be scheduled for September 22, 1994, at 7:30 p.m. If this understanding is not correct, please notify me immediately. As I mentioned to you, we will be attempting to contact the property owners in the meantime and hopefully can resolve a number of these issues prior to the public hearing. I will keep you posted as to our progress. In any event, I would very much appreciate _a copy of the staff report as soon as it is available. Thank you for your assistance in .this matter. Very my yours, Kenneth S. Fellman KSF:lm cc: Mr. Paul E. McSheehy Kevin Moore, Esq. CITY ~F WNEgT RIDGE ~n nit <. AUG 2 4 l°94 I~~ , ~-tJ[.~i'.~j~Ll~ _. PLN{~NlN6 & DtyELOPM~N7' NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on, September 22, 1994, 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-94-11; An application by Paul McSheehy for approval of the following variances: a. A 10' variance to the required 15' side yard setback to allow an existing awning to remain. b. A 12' variance to the required 15' side yard setback and a .5' variance to the required 5' rear yard setback to allow an existing barn to remain. Said property is zoned Agricultural-One, is located at 4360 Jellison Street and is legally described_as follows: The north 90 feet of the following described property: Beginning at a'point 638 feet east of the southwest corner of the SW1/4 NW1/4 0£ Section 22, Township 3 South, Range 69 West of the 6 P.M.; thence north 124 feet; thence east 242 feet; thence south 180 feet; thence north 56 feet to the point of beginning, County of Jefferson, State of Colorado. 2. Case No TUP-94-7: An application by Ella Murphy Roach for approval of a Temporary Use Permit to allow an additional dwelling unit on property zoned Residential-Two where two units already exist. Said property is located at 8252 W. 44th Avenue and is legally described as follows: .PARCEL A: Lot 33, Wheatridge View; First Addition, except the easterly 57.2 feet thereof, and except the south 35.4 feet of the west 13 feet of the easterly 70.2 feet thereof. PARCEL B: Lot 32, Wheatridge View, except the west 129 feet thereof. and except the south 27.4 feet thereof, both in the County of Jefferson, State of Colorado. 3. Case No WA-94-13: An application by Rita Miller for approval of a variance to allow a 6' and a 5' fence to be located within a front yard where the maximum height of a fence is 48". Said property is located at 11525 W. 38th Avenue and is legally described as follows: Lot 2, and the east 1/2 0£ Lot 1, Appleview Subdivision County of Jefferson,.-State of Colorado. The JEFFERSON SEhITIIVEL°; 1'~~4 I~ladswor•t}~ L-~Ivd Lak:ew,-,c~~Js CCt ~'C~~'16-Fii:,_; TtiE CITY CLERI=CS OFFICE CITY OF WHEAT RIDGE ?SC~t~ ~I :"?Thl AVE NINEAT RIDGE: CO :}O~ 1`, IIUVOIG:c: !_FGAL. hUiTI:;E: .'i.!:,i.i:Ci..'.TII~P.; Ovi• 4}umber-: I~IFiagr_,.-;„_.~,'~ Y~:~ur- i+s,i.~tifirati~;n; FULLICATION DA'1'FS: '=~4IC7c~tC~`.:"", 'chr9~tl,~!'~ ,;>:4; t:7<:~!!-~'~ NUMU`EFi OF LiNE`c;: 5l:~ COPIES REG~UESTED: F'r-intin3: Gopies: , Correct i oris TCrTAt_ DUE: .13 . J C'• rr, ~>i) ItQ , ,z<i 'Y ~JUFC? ThanF; yrw fnr- adve,r t ; s i rr~q ire the Jefferson Sentir~e? ~I:•::i:~r:,.pt~ ~+? ~~s lxa,a~= ~t~.o3 ~ a~ , ~ ~ Pte. ~~ SUag ~~ l"he .11?CFi~"~i-ti;t-~hl -;1-t~;-f;:l`dE:i:l.'!"; L-. i7.6::@k/ii Q~j9 ~_: ll ?(1.. 1. `i _.', ,i, i i'' TI-!E CIT`r' CL.,I:-R4:^ I:II~F':CCtG_ ~:I-fY ClF" ialbl~?T F't:(Cif.:iEl 7:IV'b`i:7:(E,; L...I:(sP,l.., Pdl-!? IC:i _€.'..:.I. :'C ..;''.L(1h1 !7 1•ii AF` Cir,'1n[:'::;';G - ~'~]~ll l'" .. . ,..li~l(,,,. ~~ PLIr,L-ICip,TICIPJ ;,,:,.-fE~1. ' :.SCI;;'. Jt7 l;Y'fl :~L!;91'~ 's;:f.. 3f7 !_: i~ Y- I^ C v. 'I': 1 G~ I'1 '.3 t-1 ~~ 17 f. . ~s; :}P :{~_'i F'(..~...~ :SCI'. .:!i. .. '.~F1i i . a~ r ... ... ~..-, 'yA w;~ „_~,.~wp~nwr [[. 1x84. at XC - Weat 28th Awnue, nterasted ;iaa~e+Y.+a' to,epaak al the Public "'^'e'a'. AomMNa. The Cae!I~a.,W qc An apppoyipn by ul y;~_ tW ~PDrovU of the o!rkrD: A 10'.. rM required iS aide d _- ~exMlnp awnklD to nab: ' A ~ ~ ~ ~~ :raadrd 18 sitle d • _ - vafianw to the ulr aMhack to a8ow en d RQ4~}'=A?RaAIAOrkmltvalOne, is rted f300 ON8wn-BtrMt and is dydeemihed u bibws: >~ aor..twtn.lwaw;npd«o<il,ea inNnp at a pobt 088 Taal u+ of the lhweet rwmu M IM 8W 7/4 NW tk of Ibn 22, Tormsh(p 8 3puy~, Ranya Sg d d Ow 0'P:M Dunoa notch 724 heF, 'a u+ 242 bas tMnoa toNh 180 '. tlrertca rrorth fis bat b the point of rtl~' Camry'd JMarton, State of ru No. TUP-0a.7: An aDPXoalbn by Murphy Roaoh for approval of e iyyoru Use PermN to allow an bnal dywNXnp unk on goperty tuned 7eNW.Two wham hro uNte akpdyy .ASaW Drop+ry'r Ioo+M at 8262 W. nr Npaly detatbed as 'EL A: Lo189, YYIraWidpe View, First ion, eaoapt the ueterry 672 lest ol, and uwq His south 36.4 feel of wY 13 Lei of iM eaMedy 702 leaf of. ~~ e: I.a az. wh..tridD. view, H the rant 72D fact tMnof and A 0e aau0r 27A teat tMnof, boN in xady of JMe+an, Slats al Cobndo. N 110. tMA-M-1f: Mappkwlbn by iW 1oi approval ola v+4nw to a C anu a S fande b M k>whd • had'.YaN vAlata tM maximum al a Lna b 40•. Oald PmporN ie d + 11626 W. 88m Aregw arq is deeorihM r foXelrp and Ura eW'i/lal~Let /. Apgwiew County of Je0reon, s of u'Na t11F.04.8: M apgloNian by i Nese for JoM end JuXe Batuy far al for aplrw.al of a CWe II Speckl ioa b 1M Fbgt'Plab OrdWnoo to nn+mdbn wkhb IM Lena Oubh ar fbod PINn rapar~"4 boated + 8701 Ouail tna`L Ypyh: dporlbad as rakrvn: loth 28.8 ast of iM following ed popany: np at 1M nonhreN owner of Iho ppdb~ir~tln9afhatl°fa ado, ixa•p that Sedbnl2®. Toavieh(p'8 h8duM, Mtge 6B west of tM Oih Pddoipal Muidlan, Je0ueon Caunly, Slate of Colorotlo; thence sou0180' to the mouth HpM of way lino of Weet eMh Avenue; Ihenw out 187D.B feet ta~oloomrge Poim u Beginning; 1Y. BoobW BubdlvNbp_70811Mt; Menw Weet 26 tech Nerros north 763 feat to a TELEPHONE: 303/237-6944 The City of P.O~ BOX 638 _. - 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~7Vheat Ridge September 7, 1994 This is to inform you that Case No. WA-94-11 which is a request for approval of a 10' variance to the required 15` side yard setback to allow an existing awning to remain, an a variance to t e require -side yard setback and a .5` variance to the required 5' rear yard setback to allow an existing barn to remain. for property located at 4360 Jellison Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on September 22, 1994 All owners and/or their legal counsel o£ 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 i P 918 242 692 U1 ~ ~ ti ... w _ ~ R __ _ 4 1.11 -.~.- O 77 W O m n m T P 918 242 699 W [~ N F'( ~ M ~1 Vl 9 ]J i m m m A m y ~ t y I n In ~R I~1)l pIpI it I m m m ~I m A m y z ~I _P 918 242 698 m ihO -ZI ~A 0 ~~ m m m < m a m ~ ~ y{ iit• + s 4 O C1 DN S Y ~~ r ~ v~ / ~ + b o 0 Ho m y a m m 0 o~ O ~ $~ g <a ~ a F. (! A ~o ~ m u ~ z m 9 a ~ on ~ IH n ~ °m ~ 'S° ~~ _. . -'O, w a _ (n N o n Ip 3 v o N ~i D (J ~ 3 r v m ~ ~ ~ 3 m W ~ ~ ~' j J A' ~. n ti _ 3 v. ~ dl ~ w `~ o ' ~ m W t ~ ~ J i~ ' l 1 - ~/ ro ~ . m n ? t ~ ~ -k I (Jt Cn ~' v ~ ~~ ~.: W ~ ~ R "J fw Y ~ ... ~ 0 ' ~ ~~~ ~ N d d N m ~ I I n m -- `'/' ~ o ( O ` ~~ `~' ;, D m o m ~^~F- ti I ~ D v ~ I ~ n m m o , _ r i 77 y I a -1 ~' m .., C N I -A Z Q ~ ro IMPORTANP. 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A a 0 O ~ N ~ r a ~ D o o m .~ m _ o lc~( Kul < ~ ~ ~ N~ O N , w ~ ~ n - ~-I m, -i ~c ~ ^~~ m ~ ~ w m m m E-'Q ~ ]J Dmo N ~ a N Ri r S Z ~ f1J ~N^p D y ~ n m . :D ~ 0" o ~ ¢ ~ ~ rn n ,I m m y m -=Z3 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: September 12, 1994 Date of Meeting: September 22, 1994 Case Manager: Greg Moberg Case No. & Name: WA-94-11/MCSHEEHY Action Requested: Approval of a 10' and 12' variances to the required 15' side yard setback and a .5' variance to the required 5' rear yard setback to allow existing structures to remain. Location of Request: 4360 Jellison Street Name & Address of Applicant(s): Paul McSheehy 4360 Jellison Street Wheat Ridge, CO 80033 Name & Address of Owner(s): Same ----------------------=------------------------------------------ Approximate Area: 21,780 square feet Present Zoning: Agricultural-One Present Land Use: Single-family residence Surrounding Zoning: N: C-1 & A-1; S: R-lA; E: A-1; W: R-3 & A-1 Surrounding Land Use: N: Residential & Commercial; W: Multiple- family & vacant: S: Single-family; E' Vacant Date Published: September 8, 1994 Date to be Posted: September 8, 1994 Date Legal Notices Sent: September 8, 1994 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. . CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: September 12, 1994 Date of Meeting: September 22, 1994 Case Manager: Greg Moberg Case No. & Name: WA-94-11/McSHEEHY Action Requested: Approval of a 10' and 12' variances to the required 15' side yard setback and a .5' variance to the required 5' rear yard setback to allow existing structures to remain. Location of Request: 4360 Jellison Street Name & Address of Applicant(s): Paul MoSheehy 4360 Jellison Street Wheat Ridge, CO 80033 Name & Address of Owner(s): Same ----------------------=------------------------------------------ Approximate Area: 21,780 square feet Present Zoning: Agricultural-One Present Land Use: Single-family residence 'Surrounding Zoning: N: C-1 & A-1; S: R-lA; E: A-l; W: R-3 & A-1 Surrounding Land Use: N: Residential & Commercial; W: Multiple- family & vacant: S: Single-family; E• Vacant ------------------------------------------------------------ Date Published: September 8, 1994 Date to be Posted: September 8, 1994 Date Legal Notices Sent: September 8, 1994 ENTER INTO RECORD: ( ) Comprehensive Plan (XR) 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-94-11 I. REQUEST Page 2 The applicant is requesting approval of the Following variances: a. A 10' variance to the required 15' side yard setback to allow an existing awning to remain; and b. A 12' variance to the required 15' side yard setback and a .5' variance to the required 15' rear yard setback to allow an existing barn to remain. II. SITE The property is approximately 21,780 square feet in area and contains approximately 5,464 square foot in building coverage. Existing buildings include a single-family dwelling (3,348 square feet), attached garage (900 square feet) and awning (600 square feet) and a detached barn (400 square feet) and shed (216. square feet). The detached barn and attached awning are the structures that are subject to this request. No building permits were submitted or approved for either of these structures. 222. FINDINGS OF FACT No variance shall be granted unless the Board of Adjustment finds based on evidence that: 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 the regulations for the district in which it is located. The property .is and has been used as a single-family residential property for many years at the current setback. It is reasonable to assume that i£ the site is permitted to be used only under the conditions allowed by the regulations for the district in which it is located the property can yield a reasonable return in use; and 2. Is the plight of the owner due to unique circumstances. Circumstances could be considered unique as the zoning of this property does not fit with the use of the site nor the surrounding area. In addition the surrounding zoning classifications allow for side yard setbacks of less than 15'; and 3. If the variation were granted, would it alter the essential character of the locality. The granting of this variance would probably not alter the essential character of the local neighborhood as the surrounding zoning classifications allow for side yard setbacks of less than 15'; and BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-i1 Page 3 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship. There are no particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship; and 5. Are the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. Due to the uniqueness of this request the conditions upon which this petition for variances are based, would not be applicable to other property within the same zoning classification and it would seem that the Agricultural-One zoned properties located to the south of the subject site have side yard setbacks of less than 15'; and 6. is the purpose of the variation based exclusively upon a desire to make more money out of the property? The purpose of this variance is not based exclusively upon the desire to make money; and 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? As no building permit was applied for nor approved the alleged difficulty or hardship has been created by the applicant; and 8. Will the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The granting of this variance would not be detrimental or injurious to public welfare or injurious to other property or improvements in the neighborhood in which the property is located as the proposed residence does not encroach into the sight triangle created by Harlan Street and West 36th Place; and 9., Will 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 and substantially diminish or impair property values within the neighborhood. The proposed variation will not impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-11 Page 4 the danger of fire or endanger the public safety nor will the request substantially diminish or impair property values within the neighborhood. IV. CONCLUSIONS AND RECOMMENDATIONS Based on the preceding "Findings of Fact", staff has reached the following conclusions: 1. Circumstances could be considered unique as the zoning of this property does not fit with the use of the site nor the surrounding area. In addition the surrounding zoning classifications allow for side yard setbacks of less than 15'; and 2. The granting of this variance would probably not alter the essential character of the local neighborhood as the surrounding zonings allows for side yard setbacks of less than 15' and it seems that the Agricultural-One zoned properties to the south of the subject site have side yard setbacks of less than 15'; and 3. Due to the uniqueness of this request the conditions upon which this petition for variances are based, would not be applicable to other property within the same zoning classification; and 4. The purpose of this variance is not based exclusively upon the desire to make money; and 5. The granting of this variance would not be detrimental or injurious to public welfare or injurious to other property or improvements in the neighborhood in which the property is located as the proposed residence does not encroach into the sight triangle created by Harlan Street and West 36th Place; and 6. The proposed variation will not 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 dr endanger the public safety nor will the request substantially diminish or impair property values within the neighborhood. Based on the conclusions derived from the preceding, staff would recommend that Case No. WA-94-11 be APPROVED. iZ-3 `~ o -- I ° + ~ a a ~} ~ ~ ~-~ in rn ~ rn r X 0 0 o ~ m m rn rn rn rn r ~ r rn rn rn ~ rn ~ ~ rn rn m rn ° °~ ° o *rn rn rn * rn m #° m 0 0 0 ~ ~ ~ ° om rn rn rn rn rn rn rn rn rn rn m m rn rn ~ 4390 # N ~ G I ° m ° ~ ~ 4371 m ~ Z O m R,~G L7~~ 1~ 4355 ('(~ a • 4340 /~ ~ 4361 ..- J ~~ ~ _ ~ 4351 4350 ° * o W 4325 Ul F M a ~ ~_ o ~ 4341 V 4340 ~ 0 4321 O 4320 ° V , 4301 ~ 4300 ~~~ W 43RD AVE ~ a ~ I ~~ ~ 4281 4280 ~~ I v ~ o N ~ o 4300 N ~ ~ 0 4271 4270 m N ~ 4290 0 '~' N ~ 4261 4250 ~fcNET D. MINOR SUB ~ N N*DE RIO ~ a ~ ~ 1 U ~ 425 4260 z ~~- ~ ~ ~ TES o ~ N o N ,^ 4241 ~ 4240 ~ ~ U ~ ~ ~ V I ~ N w ~ ~ ~ ~ ° 4221 ~ 4220 ,~„~ ~ o N - ~ 0 0 o '~„ ` _ a ~ o d v N .~ V ~. •+ ~ ~ ` CV d 4V ~+ \ ~ ° O O N ~ . ~~. . . ^ ~. ~~ N I~ +. .ham ~ Q ... ~Y. ~ ` L./ r -'~~'~ , ~ ,. ,,. ~ ,, ,. ~ ~ ~~ ~ ,; , ~~ ~ ` , ~ _ _ -- ,,. ~ , ~ - -_ ~" ~ ~-- - _-- WHEAT RIDGE BOARD OF ADJIISTMENT page 2 MINIITES OF MEETING: September 22, 1994 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board. Member ABBOTT, seconded by Board Member HOVLAND, that the agenda be approved as printed. Motion carried 5-0. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. Case No. WA-94-11: An application by Paul McSheehy for approval of a 10' variance to the required 15' side yard setback to allow an existing awning to remain, and a 12' variance to the required 15' side yard setback and a .5' variance to the required 5' rear yard setback to allow an existing barn to remain. Said property is zoned Agricultural-One and is located at 4360 Jellison Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman ROSSILLON accepted. Board Member HOWARD asked staff to clarify what buildings are included in the variance and what shed is 400 square feet, and Mr. Moberg .replied the barn/structure is 400 square feet with the awning being 600 square feet. Member HOWARD asked Mr. Moberg to point out where the attached awning is and Mr. Moberg pointed out all structures and reminded the Board there arc two Structures ~in t8is" variance request. Board Member HOVLAND asked why this was not considered for a re-zoning, and Mr. Moberg said that is an option for the applicant i£ these variances are not approved. However, the 3' setback on the north side of the barn and the 4.5 setback on the east side would not be allowed and the shed would have to be removed. Certain zonings would allow the awning to remain. Board Member ABBOTT asked what property line is in dispute and Mr. Moberg answered the east property line. Mr. Moberg suggested because the property line is in question, he would recommend to place in the motion a stipulation that if the property line would change due to court action the shed would have to be moved back. t. WHEAT RIDGE BOARD OF ADJ[TSTMENT Page 3 MINQTES OF MEETING: September 22, 1994 Board Member HOWARD asked what the awning is made of and Mr. Moberg said the applicant refers to it as an awning, but it is actually a carport made of wood. No permits were issued for the shed or awning. Board Member ABBOTT asked if there. was a permit pulled for the garage, and Mr. Moberg replied yes. No further questions were asked of staff. Ken Fellman, attorney for the applicant, 3773 Cherry Creek North Drive, Ste. 900, Denver, CO, was sworn in. Mr. Fellman said it is clear there were no permits issued for this work, but Mr. McSheehy did hire a contractor to do the work and thought he had obtained all permits necessary.- This is not negligence on the applicant's part. The shed and carport were not put in at the same time. Mr. Fellman said they did speak to some of the neighbors and then entered into record, labeled Exhibit 'A', a letter stating no objection from one of the adjacent neighbors. Mr. Fellman agrees since there is some boundary dispute, the motion should state they are requesting to leave the structure 5 feet from the property line. If the courts decide the property belongs to the Pierces,. then Mr. McSheehy would have to move the structure. Also entered into record were photos of the property, labeled Exhibit 'B'. The reason for the carport is the neighbors showed no interest in trimming their trees that overhang onto the applicant's property. Without the awning, any kind of snow like we had a few nights ago would have caused Mr. McSheehy untold vehicle damage (Mr. McSheehy has antique " ~ automobiles). Mr. Fellman discussed the nine criteria in ' the staff report and added he feels the character of the neighborhood will not be changed by permitting this structure. Mr. McSheehy acknowledges he'is responsible for the building permits and the purpose of being here tonight is to come in after the fact and seek approval so he can be in compliance with the Wheat Ridge code. No questions were asked of Mr. Fellman. The applicant, Paul McSheehy, 4360 Jellison Street, was sworn in. Mr. McSheehy said he needs the awning to protect his boat and antique automobiles. It has cost him about $800 in the past to trim the trees and the awning has saved him money over the long run. The barn itself was put in for storage and has been there for a considerable amount of time. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 22, 1994 Page 4 Board Member HOWARD questioned if there are two sheds on the property, and Mr. McSheehy answered yes. Mr. Gidley commented that the applicant has a home occupation of a carpet cleaning business and questioned Mr. McSheehy as to how many vehicles and employees he has. Mr. McSheehy replied he has 3 vehicles and the only employees he has working for him are his brother and sister. Home occupations were further discussed. Board Member ABBOTT asked staff if a building permit can still be issued, and Mr. Moberg answered yes, a building permit has to be obtained before a Certificate of Occupancy can be issued. No further questions were asked of the applicant. Shelly Pierce, 14354 W. 44th Avenue, was sworn in. Mr. and Ms. Pierce own the adjacent property at 9800 W. 43rd Avenue and are currently building a new home on the site, which is east of Mr. McSheehy's property. Ms. Pierce hopes the request gets denied and feels the main use of this property is commercial, stating the applicant does not even reside there. They feel since the applicant is using this property for commercial purposes it should be zoned commercial or at least he should have to maintain the setbacks. The hardship has been created by Mr. McSheehy by direct result of not obeying the rules that are set for our community. Obtaining a building permit would have eliminated the problem entirely. Their dealings with Mr. McSheehy appears that he' thinks he is above the law and does what is best for himself ._ Ms.~Pierce continued saying they have recently began construction on their home and Mr. McSheehy has put out an extra effort to make sure they are building in accordance with the regulations and the Pierces feel he should be held responsible for abiding by them as well. They feel they have the right to request the enforcement of the designated setbacks because the building involved with the rear property line will be directly outside their kitchen window and they believe it will impair the supply of light and air and pose a higher fire risk to their building. Board Member ABBOTT wanted to know if their main concern is the shed or the carport. The shed is more of a problem because it will be right out side of .their kitchen window. WHEAT RIDGE BOARD OF ADJIISTMENT, MINIITES OF MEETING: September 22, 1994 Page 5 Mr. Pierce said they found one of their marker pins and he feels the property line will be moved 4 feet west. Entered into record was a photo of the foundation of their new home labeled Exhibit 'C'. Mr. Fellman spoke again saying it is true the applicant does not reside at the address, however his sister does. If the applicant is made to move the shed 12' west he. does not see how that could make much of a difference, but it would pose a substantial hardship for Mr. McSheehy because it would eliminate the turning radius .for the trucks. It would also take away his storage, thus putting more heavy equipment outdoors. No further questions were asked. Board Member ABBOTT suggested this resolution be in two parts. Motion was made by Board Member ABBOTT that Case No. WA-94- 11-A, an application by Paul McSheehy, be APPROVED for the following reasons: 1. Circumstances could be considered unique as the zoning of this property does not fit with_the use of the site nor the surrounding area. In addition, the surrounding zoning classifications allow for side yard setbacks of less than 15 feet. 2. The granting of this variance would probably not alter the essential character of the local neighborhood as the surrounding zoning allows for side yard setbacks of "` `"'less than, 15 feet `and it seems that"the Agticulturai- One~zoned properties to the south of the subject site have side yard setbacks of less than 15 feet. 3. Due to the uniqueness of this request, the conditions upon which this petition for variances are based would not be applicable to other property within the same zoning classification. 4.. The purpose of this variance is not based exclusively upon the desire to make money. 5. The proposed variation will not 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 nor will the request substantially diminish or impair property values within the neighborhood. WHEAT RIDGE BOARD OF ADJIISTMENT Page 6 MINUTES OF MEETING: September 22, 1994 WITH THE FOLLOWING CONDITION: 1. A building permit must be issued and the carport must meet the building code requirements as of the date of - construction. Motion was seconded. by Board Member HOVLAND. Motion carried 4-1, with Board Member HOWARD voting no. Resolution attached. Motion was made by'Board Member ABBOTT that Case No. WA-94- 11-B, an application by Paul McSheehy be DENIED for the following reason: 1. There was a protest filed against this request by the neighbor immediately adjacent to the east. It was noted by Board Member HOWARD that condition /f5 does not apply to this application. Motion was seconded by Board Member HOVLAND. Motion carried 5-0. Resolution attached. B. Case No. WA-94-13: An application by Rita Miller for approval of a variance to allow a 6' and a 5' fence to be located within a front yard where the maximum height of a fence is 48". Said property is located at-11525 W. 38th Avenue. Greg Moberg presented the staff report. All pertinent " ~ "'documents"were`~ntered into record, which Chairman ROSSILLON accepted: Chairman ROSSILLON asked if there is an existing 6' fence on the east side of the property and will the 5' fence be where the shrubbery is, and Mr. Moberg answered yes to both. The new development in between the two properties has a 6 foot hedge. No further questions were asked of staff. The applicant, Rita Miller, 632 So. Xenon Street, Lakewood, was sworn in. Ms. Miller lives at the Renon Street address while the property in question is being renovated. She entered into record a letter from a neighbor stating no objection, labeled Exhibit 'A'. The reason for this request is because this is a very busy; noisy street. PUBLIC HEARING SPEAKERS' LIST CASE No: WA-94-11 DATE: September 22, 1994 REQUEST: An application by Paul McSheehy for approval of a 10' variance to the required 15' side yard setback to allow an existing awning to remain, and a 12' variance to the required 15' side yard setback and a .5' variance to the required 5' rear yard setback to allow an existing barn to remain. Said property is zoned ;Agricultural-One and is located at 4360 Jellison Street. Position on Request; ; (Please Check) ; ; SPEAKERS NAME ~ ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ; ; ~1t Yi~if~L,( U~ 1~ iL~ /-/ ~I"°C1'~ 74 ~ rw• ~-6 ~~ ~I~ ; i ~ ~ -- 1 / I 1 I 1 I I I ; ; I I 1 I I I 1 ; I 1 1 ; I 1 I ., I -____ __ .. 1 1 1 1 1 I 1 I ; I I 1 I ; j 1 I 1 1 1 1 1 1 j I 1 1 1 I 1 1 1 1 1 I I 1 1 1 1 1 1 I I 1 1 1 I 1 I __.. I l+ I I I 1 1 I I ; I I 1 1 1 I ; 1 1 1 I I 1 I 1 1 _ I I 1 1 I I I I 1 1 I 1 I 1 1 1 1 1 I 1 1 1 1 CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 22nd day of September 1994.. CASE NO: WA-94-11A APPLICANT'S NAME: Paul McSheehy LOCATION: 4360 Jellison Street Upon motion by Board Member ABBOTT , seconded by Board Member HOVLAND ,'the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-94-11A 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 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-94-11A, be and hereby is APPROVED. TYPE OF VARIANCE: A 10' variance to the required 15' sideyard setback. PURPOSE: To allow an existing carport to remain. , FOR THE FOLLOWING REASONS: 1. Circumstances could be considered unique as the zoning of this property does not fit with the use of the site nor the surrounding area. In addition,'the surrounding zoning classifications allow for side yard setbacks of less than 15 feet. , 2. The granting of this variance would probably not alter the essential character of the local neighborhood as the surrounding zoning allows for side yard setbacks of less than 15 feet and it seems that the Agricultural-One zoned properties to the south of the subject site have side yard setbacks of less than 15 feet. RESOLUTION/WA-94-11A Page 2 3. Due to the uniqueness of this request the conditions upon which this petition for variances are based, would not be applicable to other property within the same zoning classification. 4. The purpose of this variance is not based exclusively upon the desire to make money. 5. The proposed variation will not 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 nor will the request substantially diminish or impair property values within the neighborhood. WITH THE FOLLOWING CONDITION: 1. A building permit must be issued and the carport must meet the building code requirements as of the date of construction. VOTE: YES: Abbott, Clark, Hovland and Rossillon NO: Howard DISPOSITION: Motion granted by a vote of 4-1. DATED this 22nd day of September, 1994 ~~tiurrt., y[' aar.~~,av Yse z EDWIN ROSSILLO~Chairman Board of Adjustment Mary u hapla, Sec etary .Board o djustment CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson; State of Colorado, on the 22nd day of September 1994. CASE NO: WA-94-11B APPLICANT'S, NAME: Paul McSheehy LOCATION: 4360 Jellison Street Upon motion by Board Member ABBOTT , seconded by Board Member HOVLAND , the following Resolution was stated, WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-94-11B 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 protests registered against it; and WHEREAS, the relief applied for MAY NOT 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-94-11B, be and hereby is DENIED. TYPE OF VARIANCE: A 12' variance to the required 15' side yard setback, and a .5' variance to the required 15' rear yard setback. PURPOSE: To allow an existing barn to remain. VOTE: YES: Abbott, Clark, Hovland, Howard and Rossillon NO: None DISPOSITION: Motion for denial carried 5-0. DATED this 22nd day of September, 1994. ~~x. 7~~-da~ni 1%c e ~ (j` EDWIN ROSSILLON, Chairman Mary Lo hapla, Sec etary Board of Adjustment Boar o djustment