HomeMy WebLinkAboutWA-94-13The Cify of
Wheat ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ,~,tA//1 /jJ;//~,P Address I/S-~S' UJ. 38~'~A~2 Phone t~,SG 9179
Owner ~,~~ /ya/~j /j~^ Address _~~ Phone s~,~
Location of request X1525 /,U ~$t~,9ve
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
^ Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
Detailed Description of request
ariance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code "-
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
S~
r~ e iijra ir~~sn
r ~
escra.~ed real
PHONE
62a tv)
~~~~ aii YCi~c~ns ann companies wno nola arY interest in
property, as owner, mortgagee, lessee, optionee, etc.
NAME
ADDRESS
I certify that the information and exhibits herewith submitted are true and
correct_to_the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without-whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on-his behalf.
Signature of Applicant - -
Subscribed and sworn
SEAL
this y~day of
19
My commission expires \\'~~\~~
Date Received ~j-~~-yam Receipt No. ~~-!l(n Case No.-
•-... ~.'--'_ - ----'-'-' Recorder.
Rcccption No. _ .-_ _.
SPECIA'I~ VrrARRANT'Y DEEI1
~`' ~~
' ~. I
^~T
~-
~~ J~
T73IS DEER. Made this 6TH day of JUNE. 199 between
KATIiLEEN A. WILLIAMS
of the County of JEFFERSON, State eF COLORADO, Grantor(=). and
RI'fA iYi. MILLER
whose legal addrese is 115:5 wI?ST 36TH AVENUE,
1i'HEAT RIIIGE, COLORADO B0033 rantcc(s):
of the County of JEFFERSON, State of COLORADO, g
WITNESSL'TH, that the r antor(s), for and ht consideration of the sum of SEVENTS'-EIGHT THOUSAND FIVE IIU;V'DRED AND
00/100tLS DOLLARS, (S7&,500.00), the rccapt snd sufficiency of which is hereby acknowledged, has grantW, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee(s), his hciraSta ~ of Coloradov describul
rest eropcrty, together with improvcmcrab, if any, situate, lying and being in [he County of JEFFERSON;
?~ YOIInW6'
LOT Z, AA'D THE EAST ONE-HALE OF LOT 1, APPLEVIEW SUBDIVISION, COUNTY OF
JEFFERSON, STATE OF COLORADO.
RECEPTION N0. 94102108 12..85
RECORDED iN COUt~iTY QF 3EFFERSQN STATE dF COLORADO 6/08/p4 11:25
aLo lptown by street and number as 1152; NEST 36TH AVEIv'UE, R'HEAT RIDGE, COLORADO 60033
TOGETHER with aL' and singular the hcrcditaments and e.ppurtenancw thereunto belonging, or in anywise appertaining, and the
revers7nn and reversions, remainder and remainders, rents, iasuof, in and for the above bargained prcmises~with tncrhereditam is and
der~..and whaCSOever of [he grantor(s), eiti;cr in law or equity, ..
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee{s}, his heirs
and assigns forever. Tho grentor{sh for himself, his heirs and personal rcpreaentativs or successors, does covenant and agree that he
sY,aL' and wA1l WARRANT AND FOREVEF DEFEND the about-bargained premises in the gusset therwf, by> dtrough or ender the
grantee(s), his f7tirs and assigns, against all and Ivory person or persons claiming the whole or any p `
granor(s). endcLShsll be a h bit to ~It c . crs.
The singular number shall include the plural, the plural the singular, and the use of any g Pp \
IN WITNESS WHBRflOF, the gratnor(u) has cxwuted this decd on dta dart sci ford: above. /~ ` ~~j
au
ry
L
}
C
H
L
LL
~i
c. Vo
G
C
f
STATE OF COLORADO
j ::.
The foregoing instrument was acl'nowledgcd before me this 6TH day of fUlrB,1994 by
I:ATHLE£N A. A'ILLIAiv1S
COUNTY OF IEFFERSON
' Wtlness my
My commission expires: 05 :5-95 ~
'r /
1%i~
~~ •• ~~1~
~: • A
JENNIFER, ~~
' YORK `
~.
y~QF COto~POC'
d and official seal.
~T~ tta~ry pubE4
~tfWitif ~i~AiC~'Ii."i~4.'`t
~ s~'4
-l
No- 76. Rw. 3.85 SPt.C1.tL R'NtR,l1"r'Y Dt~L7
~=~C~3 YG', J~C~L~ ~~L~i~t..J~~a
tf-- 2(c~'~, -
~ .h^
~~
3
za.o'
2 -~
i
i
~,
~~
32.
SE CoR TRACT
B 6ROOKSIDE
,.``^~~
It~
x-30 ~ny~j
~3
N
M4}
_ ~
N
Q
W
~•
.~- ~
UTI ~~TY CASEMENTS
9d
~f3 P F~ O~/p- L S~
SW COR. SEC. 2/,
,T3 S, RG9 w A.vo
~SW CDR TRACT
8, BROOKS/~E
Y THE JEFFERSON COUNTY PLANNIN3 COMM-
Y,,(~'OF/ DECEM~ER,A.b., 19Co2.
CHAIRMAN
A ~ -
'LAT l5 ACCEPTED FOR FfL1NG AND CONVEYANCE
LE tN t5 ACCEPTEC7 6Y THE f30ARD OF COUNTY
*_FPERSON COt~NTY THl3 01.1 DAY OF DEC L+MCiBR,
T TO THE PROVt510N THAT THE COUNTY SHALL
MAITJTENANCE OF SAID ROADS UNTIL SAT1S --'
'p ~HEREOC' C'lY THE SiS8D1VlDE 5.
~. - ~ -
gg~p gy; 9- 7-94 ; 1319 ; y303-234-5924 ;# 2/ 2
OUCHSTONE
IMPROVEMENT
LOCATION
URVEY CO.
~.
CERTIFICA7['E
1152 W. NTH. AVE.
WHEAT RIDGE, COLD
~-!» b~- As mo U`AC~
WCOD DECK
126'
4$.Q'
~Iz o{ /ct j
1 2T
SW CDR. SEC 21 T3S R69W
FCUND 3" CAP IN RANGE BOX
L
N
I
_ 4.7' ~
I ::: ::::::::::: 13.2'
I•:•:•:~:•:•:•:
I:;:.:;:;:;.;; ~ r STORY SCALE 1 " = 2d'
I ::::::::::.:.: N FRAM
7'
r:•:•:•>:~:•:• #- I (525
I'''•'~'•'•'~ 30.5' _ T 12 ~..
1 `~~~XIS~1>v6. ~ ter
I:~:~:~i:~:~:•;
I:{~:•::•:•~ ~~ PrO~'osED 6~Ft
I:; ~:::;:::;1
r:~....+
I;::.•.•.•..•. r
'~ - g~. rJ, ~ NOTE: LOT DIHENSICNS - _
W. 38TH. AVE. 60' R.O.W. FROM PLAT CN FILE AT JEFFERSON CCIINTY
CLERK ANO RECORDER
I herby certify that this improvement location certificate was prepared
for / tR57`FEO~/1.4c t3AvJK , 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. I '
further certify that the improvements on the above described parcel on
this date -ZS-9 except utility connections, are entirely within
the boundaries o t e parcel, except as shown;~that there are no
encroachments upon the described premises by improvements on any
adjoining premises, except as indicated, and that there is no apparent
evidence or sign of any easement crossing or burdening any part of said
Parcel, except as noted. ~ D~ ~-~-gy
_ _ - BY_.- _.att1U8NUH.,. -
TOUCHSTONE SURVEY CODIPANY
9590 Ff'. 14t1~. ?.ve.
LAKEICOOD, OOLORdDO
(309} 233-8468
Property not in flood plane per:
Fi""M A Mi4-P ~$~ 079 4005 G ZOnJE C z ~ 8~
~~
_.
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-i1: 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 of 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
~~`~~y~ 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•,~Frst 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 o£ 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 of Lot 1, Appleview Subdivision
County of Jefferson,._State of Colorado.
--! .. G
4. Case No. WF-94-3: An application by Steven Ness for John
and Julie Batug for approval of a Class II Special Exception
to the Flood Plain Ordinance to allow construction within
the Lena Gulch 100-Year flood plain.
Said property is located at 3701 Quail Street and is
legally described as follows:
The south 268 feet of the following described property:
Beginning at the northwest corner of the east half of
Block 12, Brookside Subdivision; thence south along the
west line of the east half of said Block 12, Brookside
Subdivision, 768 feet; thence east 165 feet more or less
to the east line of the east half of Block 12, Brookside
Subdivision; thence north along the east line of the east
half of Block 12, Brookside Subdivision, to the northeast
corner of the east half of Block 12, Brookside
Subdivision, thence west 165 feet more or less to the
Point of,Beginning, County of Jefferson, State of
Colorado, except that portion described as:
Beginning at the northwest corner of Section 28, Township.
3 South, Range 69 west of the 6th Principal Meridian,
Jefferson County, State of Colorado; thence south 30' to
the south right of-way line of West 38th Avenue; thence
east 1319.8 feet to the Point of Beginning; thence south
along the east line of Tract 12, Brookside Subdivision
768 feet; thence West 25 feet; thence north 753 feet to a
point; thence along the arc of a curve to the_left 23.562
feet to a point on the south rigYit-of-way of West 38th
Avenue; thence east _4D feet to the Point of Beginning,
County of Jefferson, State of Colorado.
Mary L u hapla, Sec tary
ATTEST:
Wanda Sang, City Clerk
To be published: September 8, 1994
Wheat Ridge Sentinel
TYie JEFf--Ei=i:~QN Sh::NT II~E!-,
12'4 Wa.~~swortih E:I :rd
La.kew~`od r '_O .°.Cte 1.5-~ri41°_I
TfiE CITY CL-L'-:RK:S 4FF'Ii"L
CITY IJF G>!fiER.T Fi:[DCiE
75C11~ la :E-~TH A.VE:
W!-TEA-f RI:D:dE CCI q'.=7.=~
. ....-.. '~.a.
LIVVCI]:C.E: L-F:.~~R,L. ?vQTT_{:;E ~''i;zi. ;;:A'"-I::?I~i
L~ulr rlurnbcrr-: WR11Gq.c,:?n ~ . ~:cur- tfv::r: i f' i+... .. -. ..
{ IO ;'tTE°: S'41(7°e^0-1: t'I r-r,.u~J i'I 'irt i'ii'. Jf=a)
r~r:LlcaT ra ~ - - -' - -
P:U1+IL-IFfi CIF Lii~~!CrI: ^`.•/
COF' IE~ FiEGIUE~~"('!=D r
Cor-rec t i curls c?.nn
TOTAL DL?E.: 3 4.. ScS
T h ~, r! k: V rr __ i' ri r- ?. ~ `,: e .. t: l .'! :~
it the •-l2ffersorl ~er;;;iri_ =py;.;.;'
~~ ~ ~ t ~~1 = ~ l ~~
~ ~~ X a , aq = I l~ i 03
R,; ..... ... ~ , - .
.. ~ ~ O r ~~
..e ..«o comae the wrest :mope ~cz
s AdaerinMra m, SyfamMr 22, 1881, ,~
>.30 P.LL. aI ] WM 201h Avanu•
Wneri RidW .: lntveater
nir~a re'~!~'~d'fo npsak q 1M Pubbr
t. Cana Ilo.'W fir M aPpprtbn by
Peul YoShei~{y for a0prowl of the
.°~ a°: rr~~Tb'" ln.
reQulretl 16' nine
y.rd nafbsatfp Y},?W\l~.rdnrkq awnin0 to
rWmak,. ~".
e. A 1S rgWAggkp{xre,pqairy 16' nide
YaN aetneRk;~daa 'radanoe to the
puked C wgryp(df~ethridk la .Now er,
eahtirp harW b:l+yrh
Said PoveMY N'rnedlAVbdlval-0ne, i;
touted et /960 'JNINOn 6trr1 and l
legally dancdtiM r bib Ws:
TM north OOleel d tM Idbrnp dre iMd
properry
Beynmp N • point Sag bet rri of the
nodhWM pMWr d IM SW 1// rfY! 1// of
Sad'wn 22, ToWrrhip 3 gouyl, Rarga 6B
Wari d lM S P.IA; Mwwt rahn 1z4 lase
IMron eM 242 leek IMnae mouth 180,
fse~ 1ht0u north 68 feel b the point of
bepinnbp, Canty d Jepersaa, Slate of
Colorado.
2. Cer No. TUP-0F]: An app8utbn by
Ella Murphy Raaoh for approval 01 a
Temporary Use Permit to allow an
addNbrul dWNYrp link m property lined
RenNMW-TWO Wirers M unpt akudyy
ezht Said proprty h heeled at 8262 W.
411h Avenr and h Ipally draiWd en
foNOws:
PARCEL A: Id 33, Whetlrbpe Vlew, Flral
Addition, except IM rrierly 67.2 feet
IharW, aM alupt tM wlAh 36.4 Ir[ of
lM weri 13 Issl d We rriarly 702 feel
IMred.
PARCEL S: Ld 32. Whrlrid0e Vbw,
rcept tM Wrl 128 feet tMnol and
exoapl tlv eauM 27A het Thereof, both in
lM Coudy d Jepenan, b'Nte d Cobrado.
3. Case Np. WAA4f 9: M appNution M
Rif. lflhr br aPPr?rd d . vrNrw fo
albw a 6 aM a 6' Isnw b M bated
within • hard yeN Where tM mezhnum
Myhf d • Knot 440'. Sold pmprty is
touted ri 11626 W. 381h Avant antl in
Nylly descdbW r blbWr.
Lo12, aM the eM 12 d Lot t, Applaview
Subdivinion County d JNlrrn, Stale o1
Colorado.
4. Car Ne. pF~M-9: M applkelim by
Stwen tier Imo JoM arM JuNe Batup for
approval for appwal d a C W t II Special
Exuption b 1M Fbad Plain OMkunae to
albw oonslrvclbn Wphb iM Lena Oukh
100.Yrr Ibod pWn
Seb property N bratad at 3701 Ouail
Sired and w Noaly Quaibsd n fdbw.:
The •oulh 268 lest of the following
deacribr PoMrtY
Bepindnp d iM mrlhWrt arnr of the
•atf hall of Bloek 12, Brooknide
subdivitbn; Iherge eadA abn9 iM wear
lino of the rri hap d rk Bbck f2,
Brook.ide Subdviebn, 768 fed; Ihenee
rri ie5led mare or Irt b tM err line
d the rri hW d Bbck 12, Brookalde
$VbdlYlaian; 1nMlp Igl[n abrq tM rtI
line d IM err hap d Bbck 17, Brooknide
.SUbdiviabn, b tM norlMrl comer d the
earl hall of Block 12, Brookelde
8obdivida~ dretla most 1061M mon or
lees b iM Pdd d Beplmin0, Canty of
JMersa, Shre d Colorado, exapl that
portion denaiMd M
eegl^nlnp at the norlhwrt ooinu of
Sedbn 26, Towrhlp ~0 5'oulh, Ranpa 69
Waal of Ih• elh Prlnolpai tAerldlan,
AHenan County, Stab d Colorado;
fMrwa eouM 3a b tlu south ryM d Way
Ibe of WM 38th Arenw; fMna rtl
7918.8 reel to Me Poid of Beplnnlrp; l
fherce noW asap fir err IM d Tree[
12. &oobkle SubdivMion 7SS Nd; lMnce I -
WM 25 leer Ihenw mrth 763 Net to a
point; lMrw slap lM ra d • verve to IM
IaR 2&582 IK to a. pdM on Ne mouth
eM 40 IM to iM Poid d Bplnnlnp,
County d Jnprrn, SMe d Cdorado.
l./ NrarY Lap C,Mp4, Serdary
ATTEST:
W Wanda Sang, C<y Clrk
PudhhM: AWUS130, 1801
Pudwhed In: 1M WhM RkOa bMnon
Sadirol
WRt 100.830
~Y
P.O. BOX 638 TELEPHONE: 303/237-6944 - The Clfy Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
September 7, 1994
This is to inform you that Case No. WA-94-13 which is a request
for approval of a variance to allow a 5' and a 6' fence to be located within
a front yard where the maximum height allowed is 48 inches
for property located at 11525 W. 38th Avenue
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7:30 P.M. on September 22, 1994
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"
t
~ ~
C. ~
~ ~ ~' C
., -__~ C ~
.~-
~ yy
:~ ~
~ W
O
~ ~
~~ ~
~ ~
_Z
?~
- Z
i Z
ce
b r1
iii
,'}
O ,
O ",.
N
ru
s
a
v-
a
~~~
-f1~~ o
v
o •v ~ ui
~ ~
'~ Q
m
U ~
ti
~
~/ Ox
~
G ^ n: 3
I
MI
vo I
~ O
~ ~
6 U
v ~ v f ~~
r., b . w
~ ~~ ~ w
roN j' ~ ~~
~~ ~ I ~w o
~~ ~ ~
oy w
I ~~~~
n Na U
I
I Z f W
l.,~ 2 ~ U
~~~
d01
M
9d~
~~
~~
"u
~~ ~
~ '~
~f•yi [^t tst
iMH ~.
COL 2hZ 9`C6 d
E
~~
3H1
tlld i1Ntl1k10dWl
_J
Q
i
O
W
LL
W
U
0
LL
F
a
W
U
W
~
'
I G~ i
=g
M
(r
0
_~
.~
J
....
. .-..-. _... ~.__
b
~ ~
~ -P 918 242 7~6
f
f
~ m ~ n ~
~ -I m ti z
~ ~~
~
I
P 918 242. 701
i .9
w
O
O
m
n
m
1
m
O
n
m
m
0
D
r
~~~~
1s ^J N f~~
a~~~
M
~. W
~. ~
~$$~ ~K
fl0 55 O H
w
La ~ n
s°a
n
m
m
m c
a
m y ~
O m
o
m m
€ a
n
1
~i
- ~ -a <n fig.. •p. .m
-_ (!J ~ Dm ~F ao po nz
~.. -,_0'11 ~p r S,o `0'm"F yi om
m' m ~ mSm y3 ?
_ L~ ~ =m
'W c c ~ ~ Oa O a`~~cy ~~~
.. W m m q1 WG mD'~ ~w''w
.1 I I' M O f~ N Ana ml
o ~ a Q ~°-_
__ ~ _ oa
-- a m ~ ~ ~ a a° .°~_ a
_--_~- t ~ cn ~C a~~
3 ~.
rt ~ ~ o
~ A p _~a_$ o <
_.. -•-- __ ~ -.. f3 _ 2~R-.zz_ _
'O 01 CT ~y •~~o •~~m~
T o Cn .N aa~~?g 5s~m
- _d
_ _ ~ ~a `$~~A
-__ 3 C 1 H ~ 1~~W LNN
- ~ W ~ .L1 ~ s.. I.s p ~ p= a
i ~ w r• K y ~~~ ~~
~ r V W K ~ aDO
tL 3. N v o
~ m R C30 OF W o a o
tD
rf ~ (-~ m66~m' a 8
~ V 7 ~ i gad
`° 8 s r= K _3°
_- .__ '~ 41i i+w yam ~ -
N °-
' 006 ~ RI "~ o'+ a ° _
' '~' W M R ~~F o
a
h
~ '~3"
~Q~
~N
-- -- w . Q ~ ~ a, a
~ ~$ ° w D
m ~N g ~ ~ ~ ~ ~NfF
a ~ ~ w s
~ -
n ~ m ~ m m ~ o'yc-. 77D~o
~. 70 y oDa. ~ J~.7 ~ ~ o m a `<, N.
m^
-I Q m T7 RJ ~' n N~ S
C ~ m ~ ffl r ~ ~ ~ ~ o
Z Q ~ N m O vmi ~ ~
~ ~ ~ o a=
m ~ o ~~x
n n e m y v m
IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO
THE RIGHT OF RETURN ADDRESS. _
.. -.._,
P 91B 242 723
I ~
f
~~-::.-.-____ _. W
w~~:W
~ < m v
~lm~=
P 91B 242 7~4
~ U) m m m
W
Z n m v
~ -i m ~ ~
JJ
~
_. -.-.. .. W
I w ~ O
P 918 242 705
m
m
/~
\/
m
T
m
O
D
r
P 918 242 702
]J
W
0
O
U1
RI
-I
kw (,s -I
~ ~ ~ O m m
< m
m -ai z
#J id ~ a go 0
6
~' o v ~ n
F
F
+
°
w r{
z
~
o y
NV m
:v
s=
m a
m of
{~
CAR
a~
o
` os
c3
~° a 3
O 6 N
N
2 g
ii !
"
' y
on a
~
-
oa
s~+
.1
lF1 ~ is
~ ~ z
~ a
{ y I
m
~~_
~ IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO
' THE RIGHT OF RETURN ADDRESS.
'D
~iS ,.
N _
w .~,
~ o
i
N D -~~D~vnn
~ `O ~'~ aa =3aA
a
~
w ~
~ ry
~ ~ ~ .a
~'
=
'
m
W ~ Q3 Os a
n =
;;
gy
^.
y
m ~~
~
N ~ _.
' ~ ~~
_
.- y,~
1
K
A
Y
~
n _
~ym
a
n
"~ FJ
I'+
o .q. aan
~ o
m m N
~ ~
~ ~ ~ w ~...o..,.N
__
4 _ ~ W a m-~Ea"vn~z
~`~33
°
~
p ~ ~ ^'
°mm
m
n
°
3
~
m
~~~..
m
_m
^m
9
~ W ~
m
m ~ W M n 5
^^
~3cr~'
~ W ~ 49
A ~ Y+
C3 m ' ~~= ~HH
-+ I I N
f- ' t'* Qr 6 a
qp
- ~ a
~ T
^ aa
~ ~ ~
~
~t ti j~ Q ay 6 m
?
- ~. m ili rt °a a'
d' ~ D o~~D~9oop
~
~ ~ ~~ n `
OAn' ^aam
F
_ ~ ~ ~~ N ~q 9~ '<m _A
-_ B
W
~
"~"r``
7
'
~
a
y ~. ~.
~
2
~
~ m
I m
\ ~
~ .
.
.
W
y a~o ~HH
a ~
m
m3 w~
a
f ~ ~ .
n
to a Y ° '~°-' va
~
v
~~ 3 N A. _
o
m ~ 4+ D o
~ a
~ ~ ~ s
W a
. ` ~ ,~ ~ o
~
r- _ . _ ~ \. 9 ~ cz~ a-~
~
~ W~
~ - •~m
~~•
(n
N Dm y D~j002
T 3o 7,, ~m
'~m
. _ O ~ N R ^~
~ .~ o~^A
~ , ~r o ~ ~ ~ ANN
i-
~
I
~ ~
~,_
V N m
n aDg m
n (j
~ o ~ n,~
~ B.
r £~a aw^~
3 `° ~yR a^o ~"PG
V ~ ~ ~
°
~ _
n
~'~
,~
, '° a'
{
"+ h~
m ~
.
.
W 6 D.~
0
~
_
_ yr ~ _
~ ~° o ^
.
w ~ ~~ N
S
~o
_
i ~~~ o
adF ^
~~
q3~
mmo° d
c ~
- -~
~ ~ ~.
0
^`
~
D
O i +
; ~ ^. O
X77 'G m •o ~?( n -O ~ N ~ O
n Vi f1l ~ t' Q ~ J] D ~' O
~ n ~ O' m y a <
~ o , N.
Q~ -fl
' fLl N
w n ti m ~
~ ^ ~
_ ~ fl
I .G n
~ f1J m O bi ~
n
Z i
m a `~ a ~ f°
" /
1
4 / N ~ N ~ ~ ~. 3'
- ., .
m O. 111 N y rj N
N
WHEATRIDGE JEFFERSON_COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
09-07-94 8:37:19 _ MASTER ATSI002
Key: 39-213-03-091 Schedule:
T-Dist: 3141 Reason:
Ownerl: MILLER RITA M
Owner2:
C/O:
Mail: 11525 Dir: W Name: 38TH
City: WHEAT RIDGE
Prop: 11525 Dir: W Name: 38TH
City: WHEAT RIDGE
DBA:
Most Recent Sale Data
Date: 6-06-1994 Code: 29
Amt: 78500 Deed: SWAB
Sdiv Reception B/T Lot
025800 94102108 0002
Sub:. AP-PLEVIEW
Next Screen:.
066956 Status: 1 Parcel ID: 39-213-03-091
R75 Related Schedules
Date
Assessed
4-19-1993
Key Sec Twn
21 3
Struc Use -Built Unit Cons Bsmt Blds Flrs GT
RESID RAMC 1920 1 '1F NO
F7=Additional Master Info F8=Print Master Info
Ty: AV Sf: Ut:
St: CO Zip Code: 80033 -
Ty: AV Sf: Ut:
St: CO Zip Code: .80033 -
Actual Assessed
Land: 28500 3670__
-Imps: 28100 3610
Total: 56600 7280
Rng Qsec Land Area Tot-Acres
69 SW
Nhood: 1401
iv Area Bsm Area
1224
Area: 2
Total Land
Last Change Date: 7-28-94 CLM
ADDITIONAL LEGALS EXIST
WHERTRSDGE JEFFERSON COUNTY ASSESSOR/TREASURER
09-07-94. 8:36:12 MASTER
Key: 39-213-03-087 Schedule:
T-Dist: 3141 Reason:
Ownerl: MILLER HARRY C TRUSTEE
Owner2: MILLER ELIZABETH B TRUSTEE
C/O:
Mail: 11576 Dir: W Name: 38TH
City: WHEAT RIDGE
Prop: 11576 Dir: W Name: 38TH
City: WHEAT RIDGE
DBA:
Most Recent Sale Data
Date: 1-14-1987 Code: 44
Amt: Deed: QC
Sdiv Reception B/T Lot
025800 87006718 - 0006
Sub: APPLEVIEW
Struc Use Built Unit Cons Bsmt Blds Flrs GT.
RESID RAMC 1982 1 3F AG
F7=Additional Master Info F8=Print Master Info
071817 Statusc 1 _
N83 152
69 SW
Nhood: 1401 Area: 2
Div Area Bsm Area Total Land
1701
SYSTEM WSRMD08
ATSI002
Next Screen:
Parcel ID: 39-213-03-087
Related Schedules
Ty: PL Sf: Ut:
St: CO Zip Code: 80.033 -
Ty: PL Sf: Ut:
St: CO Zip Code: 80033 =
Actual Assessed
Land: 30000 3860
Imps: 80500 10350
Total: 110500 -14210
Rng Qsec Land Area Tot Acres
Date
---Assessed
4-19-1993
Key Sec Twn
OOA 21 3
Last Change Date:
WHEI~TRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMDOS
09-07-94• 8.36:52 MASTER ATSI002
Key: 39-213-03-088 Schedule: 066958 Status: 1
T-Dist: 3141. - Reason: R75
Ownerl: HOLT JEAN M
Owner2:
C/0:
Mail: 11022 Dir: W Name: 27TH
City: LAKEWOOD
Prop: 11556_~ir._ W Name:. 38TH
City: WHEAT RIDGE
DBA:
Most Recent Sale Data Date
Date: 12-09-1983 Code: 44 Assessed
Amt: Deed: 4-19-1993
Sdiv - Reception B/T -Lot Key Sec Twn
025800 83120016 0005 21 3
Sub: APPLEVIEW
Struc Use Built Unit Cons Bsmt Blds F1rs GT
RESID Br-L .1968._ 1- 3M AG
F7=Additional Master Info F8=Pri nt Master Info
Next Screen:
P_a_rcel ID: 39-213-03-088
Related Schedules
Ty: PL Sf: Ut:
St: CO Zip Code: 80215 -
Ty: PL Sf: Ut:
St: CO Zip Code: 80033 -
Actual Assessed
Land: 30000 3860
Imps: 70100 9020
Total: 100100 12880
Rng Qsec Land Area Tot Acres
69 SW
Nhood: 1401
Liv-Area Bsm Area
1789
Last Change Date:
Area: 2
Total Land
1-11-93 DCW
WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMDOS
09-"07-94= 8-:37:03 MASTER ATSI002
Key: 39-213-03-089 Schedule:
T-Dist: 3-141- Reason:
Ownerl: MOORE'RUSSELL L TRUSTEE
Owner2: MOORS MARGARET S TRUSTEE
C/0: _-_
Mail: 03811 Dir: Name: ROUTT
City: WHEAT RIDGE
Prop: 03811 Dir: Name: ROUTT
City: WHEAT RIDGE
DBA:
Most Recent Sale Data
Date: 1-14-1994 _Code: 31
Amt: Deed: QC
Sdiv Reception B/T Lot
025800 94020477 0004
Sub.: APPLEVtEW
Next Screen:
06-6957 Status: 1 Parcel ID: 39-213-03-089
R75 Related Schedules
Date
Assessed
4-19-1993
Key Sec Twn
21 - 3
Struc Use. Built Unit Cons Bsmt Blds Flrs__GT
RESID SP-L 1967 1 3C PF AG
F7=Additional Master Info FB=Print Master Info
Ty: ST Sf: Ut:
St: C0-Zip Code: 80033 -
Ty: $T Sf: Ut:
St: CO Zip Code: 80033 -
Actual Assessed
Land: 30000 3860
Imps: 90200 1160.0
Total: 120200 15460
Rng Qsec Land Area Tot Acres
69 SW
Nhood: 1401 Area: 2
:,iv Area Bsm Area Total Land
-1586 793
Last Change Date: 2-08-94 SMC
WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMDOS
09-07-94: 8:37:11 MASTER ATSI002
Key: 39-213-03-090 Schedule: 065933
T-Dist: 3141.. Reason:
Ownerl: NEWPORT FLOYD L
Owner2:
C/O:
Mail: 03801 Dir: Name:
City: WHEAT RIDGE
Prop: 03"801 Dir: Name:
City: WHEAT RIDGE
DBA:
Most Recent Sale Data
Date: 7-25-1983 -Code: 44
Amt: Deed:
Next Screen:
Status: 1 Parcel ID: 39-213-03-090
R75 Related Schedules
ROUTT Ty: ST Sf: Ut: *
St: CO Zip Code: 80033 -
ROUTT Ty: ST Sf: Ut:
St :_ CO Zip-Code: 80033 -
Actual Assessed
Sdiv_ .Reception B/T Lot
025800- 83082667 0003
Sub: APPLEVIEW
Date
Assessed
4-19-1993
Key Sec Twn
21 3
Struc Use Built Unit Cons Bsmt Blds Flrs GT
RESID BI-L 1970 1 3NI AG
F7=Additional Master Info FB=Print Master Info
.Land; 28500- 3670"
Imps: 70700 9090
Total: 99200 12760
Rng Qsec Land Area Tot Acres
69 SW
Nhood: 1401
iv Area Bsm Area
1836
Area :_ 2
Total Land
Last Change Date:
WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER
09-07-94~ .8:37:28 MASTER
Key: 39-213-03-092- Schedule: 048949 Status: 1
T-Dist: 3141 Reason: R75
Ownerl: KLINGER N A THOMAS
Owner2: KLINGER DENISE
C/O:
Mail: 11735 Dir: TnT-Name: 38TH
City: WHEAT RIDGE
Prop: 11735 Dir: W Name: 38TH
City: WHEAT RIDGE
DBA:
Most Recent Sale Data Date
Date: Code: Assessed
Amt: Deed: 4-19-1993
Sdiv __ Reception B/T Lot Key Sec Twn
025800 _0-032- 21 3
Sub:. APPLEVIET,+7
Struc Use Built Unit Cons Bsmt Blds Flrs GT
RESID 1.55- 1912 1 1F OF DG
F7=Additional Master Info FB=Print Master Info
SYSTEM WSRMDOS
ATSI002
Next Screen: --
Parcel ID: 39-213-03-092
Related'Schedules
Ty: AV Sf: Ut: *_
St: CO Zip Code: 80033 -
Ty: AV Sf: Ut:
St: CO Zip Code: 80033 --
Actual Assessed
-Land: 28500 3670
Imps: 76600 9850.
Total: 105100 .13520
Rng Qsec Land Area Tot Acres
69 SW
Nhood: 1401-
Liv Area Bsm Area
-1877 330
Area: 2
Total Land -
Last Change Date:
ADDITIONAL LEGALS EXIST
WHEATRIDGE JEFFERSON COUNTY_ ASSESSOR/TREASURER
09-07-94, 8:37:47 MASTER
Key: 39-282-OS-035 Schedule: 051858 Status: 1
T-Dist: 314-L --- Reason: R75
Ownerl: EICCO-LOUIS J
Owner2: FICCO ANTHONY M
C/O:
Mail: 03650. Dir: .Name:
City: WHEAT RIDGE
Prop: 11500 Dir: W Name:
City: WHEAT RIDGE
DBA:
Most Recent Sale Data
Date: 10-OS-1973- Code: 00
Amt: 50000 Deed:
Sdiv Reception B/T
096000 2557023 8 009
Sub: BROOKSIDE
Struc Use Built Unit Cons
COMMR 211 1973 61 A
F7=Additional Master Info
VANCE
38TH
Date
Assessed
4-27-1993
Lot Key Sec Twn
OOD 28 3
Bsmt Blds Flrs
i 2
F8=Print Master
GT
Info
SYSTEM WSRMD08
ATSI002
Next Screen:
Parcel ID: 39-282-05-035
Related Schedules
049233
Ty: ST Sf: Ut': 1
St: CO Zip Code: 80033 -
Ty: AV Sf: Ut:
St: CO Zip Code: 80033 -
Actual Assessed
Land: 192480 24750
Imps: 769920 99010
Total: 962400 123760
Rng Qsec, Land Area Tot Acres
69 NW 134277 3.083
Nhood: 521 Area:
Liv Area Bsm Area Total Land
41379 134277
Last Change Date: 2-15-94 MRJ
CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
Date Prepared: Sept. 12, 1994
Date of Meeting: Sept. 22, 1994 Case Manager: Greg Moberg
Case No. & Name: WA-94-13/MILLER
Action Requested: Approval of a variance to allow a 6' & a 5'
fence located within a front yard
setback.
Location of Request: 11525 W. 38th Avenue
Name & Address of Applicant(s): Rita Miller
11525 W. 38th Avenue
Wheat Ridge, CO 80033
Name & Address of Owner(s): Same
--------------------------------------------------------------
Approximate Area: 11,700 square feet
Present Zoning: 'Residential One-A
Present Land Use: Single-family
Surrounding Zoning: N, W: & S: Residential-Three
E: Residential-One A
Surrounding Land Use: S, N, E and W: Single-family
-----------------------------------------------------
Date Published: September 8, 1994
Date to be Posted: September 8, 1994
Date Legal Notices Sent: September 8, 1994
Agency Checklist:
Related Correspondence:
-----------------------
ENTER INTO RECORD:
( ) Comprehensive Plan
(XX) Zoning Ordinance
( ) Attached (XX) Not Required
( ) Attached (XX) None
(XX) Case File & Packet Materials
(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-94-13
I. REQUEST
Page 2
The applicant is requesting approval of a variance to allow a six
and a five foot high fence to be located within a front yard
setback. Section 26-30(1)(1) states: "Permitted fence, etc.,
heights: No fence, divisional wall or hedge above the height of
48 inches shall .be permitted within a minimum required front
yard, or above the height of 6 feet in instances not otherwise
specified." Section 26-15(F) requires that the minimum front
yard setback is 30 feet for property zoned Residential One-A.
Therefore, to allow the applicant to place a 6 and a 5 foot fence
in the location requested, a variance is required.
II. SITE
The subject site currently has a
on it. The residence is located
feet from West 38th Avenue. The
6 foot and a 5 foot fence in the
residence. It is for this reason
for.
single family residence located
in the center of the property 33
applicant would like to place a
front yard south of the
i a variance has been applied
III. FINDINGS 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 the regulations for the district
in which it is located?
The property is and has been used as a residential property
for many years, therefore it is reasonable to assume that if
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?
As this site is under the same constraints as are all other
residential properties within the immediate area, the plight
of the owner is not due to unique circumstances; 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 there are
6 foot high fences located within the immediate area along
W. 38th Avenue. However, the existing fences are located
within side and rear. yards and not front yards.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-94-13 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 that would result
in a hardship that would necessitate the need of a 6 foot
fence to be located within the front yard setback; 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?
Because staff has not found a hardship nor any unique
circumstances, conditions upon which the petition for a
variation is based would be applicable, generally, to other
properties within the same zoning classification; 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 more money out of the property; and
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property?
No hardship has been created by the applicant.
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 will not be injurious to other
property or improvements in the neighborhood; and
9. W311 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 granting of this variance could endanger public safety
by obstructing the view of traffic when entering W. 38th
Avenue from the residence's drive.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-94-13 Page 4
IV. CONCLUSIONS AND RECOMMENDATIONS
Based on the preceding findings of fact, staff has reached the
following conclusions:
1. The property is and has been used as a residential property
for many years, therefore it is reasonable to assume that if
the site is permitted.to be used only under the conditions
allowed by the regulations for the district in which is
located, the property can yield a reasonable return in use;
and
2. As this site is under the same constraints as are all other
residential properties within the immediate area, the plight
of the owner is not due to unique circumstances; and
3. There are no particular physical surroundings, shape or
topographical conditions of the property that would result
in a hardship that would necessitate the need of a 6 foot
fence to be located within the front yard setback; and
4. Because staff has not found a hardship nor any unique
circumstances, conditions upon which the petition for a
variation is based would be applicable, generally, to the
other property within the same zoning classification; and
5. The granting of this variance could endanger public safety
by obstructing the view of traffic when entering W. 38th
Avenue from the residence`s drive.
Therefore, staff would recommend that Case No. WA-94-13 be
DENIED.
~~ I ~ rnj M
rl,
r7
1
O
V O
~
_
r'
~ ° ~
~ o py
'
~
~ ~
M
O ~
TH
W 3
P
L N
M
~
p~0'C
sss " 4048 o O ~
s
~ ~
W 4pTFt GR SIMMS ST >
~
W
39Ti-t
P
o ~
~ ~
1658 ~ ~ ° M ° p o M !-
N
~ M O 6J~
~1 ~
~ ~ a. \} '~
- ~
N rn
N rn
~
`
~ M ~
M / ~
> °'
rq
'h
~
'
875 n,
lL
>S °
~ ~ - 3
~ ~
S N
O N 61
~
t7 ~ ~ ~ N
0
CNO ~'~7 M M 36 '~
W 39TH PL
~O
~
-
N
N
~ ((1 ~
yy
39TH kVE
~ J
_ r7 ~ ~ ~ ~ _ ~ (~ ~ 8RO
M ~ M ~ r7 ~ ~ O
rn m N ~ ~ ~ ~ o ~
~ ~ ~
~ O
M 3
(~' M ~ _
~
M ~
~ ~ ~
~ ~
M ~ ~ M
3
o ~ ~ n `-
c
o W 39TH GIR ~
rn '~ ° _ 'n ~
~ o ~ m ~ W 38TH F'L M ~ ~ ~ ~ ~
O
~ M
~ N
<p
~
T-
O
In
IA °
co N
M
~
~
~
O ~
O
71659 '~ 3 MS 5T 38
° ~ o M
PL
-(N SIM
380 ~ M
3808 2 ~ site mM a ~
M
656 yi 30
1,
11650
- -
o
o
°
°
o
N x 0 ~ x ~ M M
M
~ N
~
} ~
M
O
~ N
3785 W ~ "
' ,
{1 M
~ `V
3765
U '~
M
N
~
3755
W 3TTH PL
~ "'
M ~ ~~
~~ ^
~ `~
w co
co
c`~o
cM0
N
co ` n
U 9
F- M
U) o
~
~
~ g
yX~~
h
~
p
I
`
A
N M
~
~~ ~
t0
t0 M
M N
M
°i
1 9
W 3~T1-I PcVE ~O
~ /
`'.'
.
~ ~ d
M N
lD ~ LL
(O cD
M M a ~
- M
September 21, 1994
TO: Wheat Ridge Board of Adjustment
In regard to Case No. WA-94-13 concerning the request by Rita
Miller, 11525 West 38th Avenue, Wheat Ridge, we as owners and long
time residents of the adjacent property (to the west) have no
objections to a five and six foot fence to be located within the
front yard.
/~~~-`'cam- ~~~
~D~ /t~~
Tom and Denise Klinger
11735 West 38th Avenue
Wheat Ridge, CO 80033
WHEAT RIDGE BOARD OF ADJQSTMENT Page 6
MINDTES 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 I{5 does
not apply to this application.
Motion was seconded by Board Member HOVLAND. Motion carried
5-O. Resolution attached.
B. Case No. WA-94-13: An application by Rita Miller for'
approval bf 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"entered 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 Xenon 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.
WHEAT RIDGE BOARD OF ADJIISTMENT Page 7
MINQTES OF MEETING: September 22, 1994
There is a. bus stop directly in front of the applicant's
property and lots of traffic going into the condo complex
across from her.
Chairman ROSSILLON asked if the hedge will be removed, and
Ms. Miller answered they would be cutting the hedge back
because it extends to far into the yard. The 5' fence will
be built inside the hedge.
Board Member ABBOTT stated that West 38th Avenue is a
collector street and there is very little leeway in the
code; but these conditions were obvious when the house_was
purchased and wanted to know why the variance request now.
Ms. Miller said she was of course aware of the situation and
was told she always has that option to apply for a variance
to help mitigate the problems. She will put up a 4 foot
fence if this is not approved.
Board Member ABBOTT asked why the fence west of the driveway
will be a foot taller, and Ms. Miller answered because all
that is there is a vacant lot.
Chairman ROSSILLON asked if the applicant could grow a 6
foot tall hedge, and Mr. Moberg answered yes, there is_ no
enforcement on hedges in the front yard; only if there is a
visual problem. A 6 foot hedge-could be put on the west
side and help with the noise and sight problem.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. WA-94-
13, an application by Rita Miller, be DENIED for the
following reasons:
1. The property is and has been used as a residential
property for many years, therefore it is reasonable to
assume that i,f the site is permitted to be used only
under the conditions allowed by the regulations for the
district in which is located, the property can yield a
reasonable. return in use.
2. As this site is under the same constraints as are all
other residential properties within the immediate area,
the plight of the owner is not due to unique
circumstances.
3. There are no particular physical surroundings, shape or
topographical conditions of the property that would
result in a hardship that would necessitate the need of
a 6 foot fence to be located within the front yard
setback.
WHEAT RIDGE BOARD OF ADJIISTMENT
MINUTES OF MEETING: September 22, 1995 _ Page 8
4. Because staff-has not found a hardship nor any unique
circumstances, conditions upon which the petition for a --
variation is based would be applicable, generally, to other
property within the same zoning classification.
5. The granting of. this variance could endanger public safety by
obstructing the view of traffic when. entering West 38th
Avenue from the residence's drive.
Motion was seconded by Board Member HOWARD. Motion for DENIAL
carried 4-1, with Board Member CLARK voting no. Resolution
attached.
5. CLOSE THE PIIBLIC BEARING
6. OLD BUSINESS
A. Mr. Gidley talked about Case No. WA-94-1, an application
by Lou Ficco. -
B. Discussion regarding parking of semi-trailers.
7. NEW BUSINESS
A. Glen Gidley talked about a proposal of taking 2 members
each from the Planning Commission and from the Board of
adjustment and using them as stand-by alternatives when
one is short a member. They could also serve as liaisons
on a regular basis between the two bodies. .Discussion
followed. Mr. Gidley said he would check the Charter and
take the concept to the Planning Commission and City
Council and if there is support in all 3 bodies, then
staff will prepare an ordinance to take to-City Council.
B. Approval of_Minutes
Motion was made by Board Member HOWARD, seconded by Board
Member ABBOTT, that the minutes of August 25, 1994 be
approved, as printed. Motion carried 5-~..
8. ADJOURNMENT
Motion was made by Board Member HOWARD, seconded by Board
Member HOVLAND, that the meeting be adjourned. Meeting
adjourned at 9:15 p.m.
~. ~~~
Mary o hapla, Secret ry
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-94-13 DATE: September 22, 1994
REQUEST: 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.
Position On Request; I
(Please Check) ;
~ SPEAKER'S NAME & ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED i
I
1
1
I
~ I
i i
I
1
I
i
i
i
I
I
1
1 ..
I
I
1
1
1
I
1
I
I
I I
1 1 I I
j I I I
I I 1 ;
I 1 I
1
1 I
I
I
1
~:-
1
1
1
I '
1
I
1
1
I
1
t
I
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-94-13
APPLICANT'S NAME: Rita Miller
LOCATION: 11525 W. 38th Avenue
Upon motion by Board Member ABBOTT seconded by Board Member
HOWARD the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-94-13
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 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-94-13 , be and hereby is DENIED.
TYPE OF VARIANCE: A 6' and 5' fence to be located within a front
yard.
FOR THE FOLLOWING REASONS:
1. .The property is and has been used as a residential property
for many years, therefore it is reasonable to assume that if
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.
2. As this site is under the same constraints as are all other
residential properties within the immediate area, the plight
of the owner is not due to unique circumstances.
3. There are no particular physical surroundings, shape or
topographical conditions of the property that would result
in a hardship that would necessitate the need of a 6 foot
fence to be located within the front yard setback.
CERTIFICATE OF
WA-94-13/Page 2
4. Because staff has not found a hardship nor any unique
circumstances, conditions upon which the petition for a
variation is based would be applicable, generally, to other
property within the same zoning classifications.
5. The granting of this variance could endanger public safety
by obstructing the view of traffic when entering West 38th
Avenue from the residence's drive.
VOTE: YES: Abbott, Hovland, Howard and Rossillon
NO: Clark
DISPOSITION: Variance denied'by a vote of 4-1.
DATED this 22nd day of September, 1994. `~ {~
EDWIN ROSSILLON~Chairman Mary L u hapla, Sec etary
Board _o£ Adjustment Board of Adjustment