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HomeMy WebLinkAboutWA-94-17The City of - VY heat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Owner S~tO~F Addres's Location of request Z~~~, Phone 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 List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signature of Applicant U ~ `' _ Subscribed and sworn to me this av day of ~~c~ SE:'S 19 9~~ Notary Public SEAL My commission expires Variance/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 ua~c nc~:civeu ,xeceipt No. .Case NO. SWI/4 SECTION 25,TOWNSHIP 3 SOUTH,RANGE69 WEST 6th P. M. JEFFERSON COUNTY (V LOT 2 rl LOT I I~l J ~ r~ J ~ I~l ' IJ r , J J NWI/4 r> >~il ~ i~l J , LOT 3 LO T ~r~-r _o 0 S.0° 13 30~~ E. 19.35 W. 29TH AVE. _ CONDUIT N0. 21-~- LEGEND -.~ BOUNDARY D.M.W.W. PROPERTY BRASS CAP MONUMENTS SET ® IN 1961 & 1962. BKT1699 PGS.56&63 C~ 'BRASS CAP MONUMENTS SET B II-30-67 & 12-I-67. BK. 1699 PG.64 I__Y--J EASEMENTS CONVEYED ~~ LAND LEASED -REAL ESTATE CONVEYED DOCUMENT DATED SECY FILE DOC. R \~ `~ ~~.,\, ~ CV 5.89°47~30~W. 26.43 `~) 0.02 ACRE 34 E~ ~, _ - 5.3C I { Pc sra. Q J ~S W 3 a= i O Z H Z O U ~~ i ~~ ~'~E~\~' _N 89 47~ 3TE~~ 50 52--~ - 134.68--'~ 253 -----~ ~ 'o PI ST4J50~9095 R1 S0. PIN _ _ _ NOTE: BEARINGS & DISTANCES BASED ON D. M.W.W. SURVEY FOR CONDUIT N0.21 OF DEC.5,1967. FOR FIELD NOTES SEE FIELD BOOK N0. 1699 PG. 64. CONTAINS 1.21 ACRES MORE OR LESS THE DENVER MUNICIPAL WATER WORKS ~ OFFICE OF 7HE CHIEF ENGINEER CONDUIT N0.21 REAL ESTATE CONVEYED TO WHEATRIDGE RECREATION DISTRICT SCALE: I = 80 _ _ DATE: JULY 16,1968 DRN. R. A. F. TR. R. A. F. CK. ~ - gpp~~c~~~j~;.. _,GH. ENG. DR. 67_NO.1693 EhGR -1-66 LEASE THIS LEASE, made and entered into this Z lO day of ~J eCe.~1bW , 19 89 , by and between the CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS, hereinafter referred to as "BOARD" and City of Wheat Ridge whose address is Hereinafter referred to as "LESSEE", WiTNESSETH: 1. PROPERTY LEASED, TERM AND RENT. The property (eased hereby pursuant to the terms of this lease is described as follows (as used herein, "property leased" includes the land and any improvements thereon): A parcel of land situated in the northwest quarter of the squthwflst quarter (NW 1/4 SW 1/4) of Section 25, Township 3 South, Range o9 West of tht~ Sixth Principal Meridian, County of .Jefferson, State of Colorado, morA particularly c'escribed and bounded as follows: Beginning at a point on the east line of lot a, 91oct< 4 of Y?ncerson's Subdivision Amended Plat on f.fle in the office of the Clerk and Recorder of Jefferson County, whence the northeast corner of said Lqt 4 hears North 0°13'30" West along the east line of said Lot 4, a distance of 25 feet, more or less; thence South 89°47'30" West, 25 feet south of and parallel to the north line of said Lot 4, a distance of 41.42 feet to a point; thence South 30°10'30" West, a distance of 224.39 feet to a brass cap; thence South 49°54' West, a distance of 127.68 feet to a brass cap, 253 feet west of the east line of said Lot 4; thence South 0°13'30" East, 253 feet west of and parallel to the east line. of said Lot 4, a distance of 19.35 feet to a brass cap on the south line of said Lot 4; Thence North 89°47'30" East along the south line of said Lot 4 a distance of 118.32 feet to a brass cap; thence North 38°29'30" East, a distance of 77.85 feet to a hr?ss cap; thence t`brth 30°10'30" East, a distance of 169.75 feet to a brass cap on the east boundary of said Lot 4; thence North 0°13'30" West along the east line of said Lot 4, a distance of 87.62 feet, more or less to the point of beginning. The above described parcel of land contains p t~3 acre m8re or less. This lease is for the term of one (1) year commencing on the ISt day of etober , 19 89 ,.and ending on the 15th dayy of October 19 90 ,unless sooner terminated as provided herein, at an annual/~r/aFtfMl~+ rental of Four-hundred and no 1s30 - - - - - - - - - - - - - - - - - - - -Dollars ($ 400.00 )payable in advance at the office of the BOARD. 1600 West 12th Avenue, Denver, Colorado 80254. If during the term of this lease there shall be levied against the property leased taxes or other assessments, the amount of such taxes and assessments shall be added to the rental payment and the LESSEE shall pay the amount thereof to the BOARD upon receipt of billing therefor. The property leased is subject to the following easements, rights-of-way and Licenses: Easements and rights-of-way of record. 2. RENEWAL. This (ease shall be automatically renewed under the same terms and conditions for additional terms of one year each but in no event for more than four additional one year terms, except that no such renewal wilt occur if the LESSEE gives the BOARD written notice at least sixty (60) days prior to the anniversary of this lease or any renewal thereof that LESSEE does not desire the lease be renewed. The rental payment for such additional term shall be made at least ten (10) days prior to the renewal thereof. 3. TERMINATION. a. Either party may terminate this lease by giving the other party written notice of intent thereof at least sixty (60) days prior to the end of the original term or any renewal thereof. [n the event of such termination by either party no pro-rata refund of advanced rental, if any, shall be made. >]i3 9 86 \: i NOTICE OF PIISLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on October 27,.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. TUP-94-8.: An application by Duina Hull for approval of a Temporary Use Permit to allow the parking of a semi-tractor on property zoned Residential-Three. Said property is located at 3890-Moore Street and is -- legally described as follows: Lot 11, Block 2, Wheatridge Manor Third Filing -- County of Jefferson, State of Colorado 2. Case No. WA-94-16: An application by Herbert Daniels, Sr., for approval of a four and one half foot variance to the minimum required sideyard setback of five feet. The request is to allow a carport to be located 6 inches from the north property line for property zoned Residential One-C. The property is located at 3950 Kendall Street and is legally described as follows: Lot 3, Swanson's Subdivision County of Jefferson,-State of Colorado 3. Case No. WA- 4-17: An application by the ,City of Wheat - Ridge for 'approval of a variance to allow a fourteen foot high fence along a portion of the west property line at Stites Park. Said property is located at 6601 W. 29th Avenue and is legally described as follows:- A parcel of land situated in the northwest quarter of the southwest .quarter (NW 1/4 SW 1/4) of Section 25, Township 3 South, Range 69 West of the 6th PM, County of Jefferson, State of Colorado, more particularly described and bounded as follows: Beginning at a point on the east line of Lot 4, Block 4 of Henderson's Subdivision Amended Plat on file in the office of_the Clerk and Recorder of Jefferson County, whence the northeast corner of said Lot 4 bears North Oo13'30" West along the east line of said Lot 4,.a distance of 25 feet, more or less; thence South 89047'30" West, 25 feet south of and parallel to the north line of said Lot 4, a distance of-41.42 feet to a point; thence South 30010'30" West, a distance of 224.39.feet to a brass cap; thence South 49054''West, a distance of 127.68 feet to a brass cap, 253 feet west of the east line of said Lot 4; thence South 0013'3.0"- East, 253 feet west of and parallel to the east line of said Lot 4, a distance of 19.35 feet to a brass cap on the south line of said Lot 4; thence North 89047'30" East along the south line of said Lot 4, a distance of 118.32 feet to a brass cap. thence North 38029'30" East, a distance of 77.86 feet to a brass cap; thence North 30010'30" East, a distance of 169.75 feet to a brass cap on the east boundary of said Lot 4; thence North 0013'30" West along the east line of said_Lot 4, a distance of 87.62 feet, more or less to-the point of beginning. ~1~ll.i ( ~ ~'~S1~S1~C1 Mary1 ou Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: October 4, 1994 Wheat Ridge Sentinel e P.O. BOX 636 TELEPHONE: 303/237-6944 The Cfty Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 (~ ~ 7L ea~ _~Ridge October 11, 1994 This is to inform you that Case No. ~-94'17 which is a request for approval of a variance to allow-a 14 foot high fence along a portion of the west property line for property located at 6601 W. 29th 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 October 27, 1994 All owners and/or their legal counsel of the parcel under consideration mus 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 andjor 'submit written ccmments. 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. 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' J A A 3 d 5 y m ~ ~ ~ D o s. -. ~ ~_ o N ry ~ N f f O ~ C7 a Z ~ 3 p - m ^Q~~ ~ c ~} ~ D= m s m D ~ a < f . ~ ~ 3 ~'1 RI w ~_ ~ IT7 r ' m y ~ O N ~ ' lD [n ~ m a ~ m ~ ~ m %~ O N y y (D i ., •WHEA'~RIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM 10-10-94 9:49:44 MASTER WSRMD08 Key: 39-253-10-001 Schedule: 022619 T-Dist: 3142 Reason: Ownerl: VINCENT KATHERINE M TRUSTEE Owner2: ' C/0: Mail: 02995 Dir: Name: NEWLAND City: WHEAT RIDGE -- Prop: 02995 Dir: Name: NEWLAND C1ty: WHEAT RIDGE DBA: Most Recent Sale Data Date: 9-28-1993 Code: 44 Amt: Deed: QC Sdiv Reception B/T Lot 144000 93167025 0015 Sub: COFFEY St ATSI002 Next Screen: Status: 1 Parcel ID: 39-253-10-001 Related Schedules Ty: ST Sf: Ut: ~ St: CO Zip Code: 80214 - Ty: ST Sf: Ut: :~ St: CO Zip Code: 80214 - .Date _ -- Land: Assessed Imps: 4-19-1993 Total: Key Sec Twn Rng Qsec 25 3 69 ruc Use Built Unit Cons Bsmt Blds Flrs GT Liv RESID SP-L 1974 1 3M AG F7=Additional Master Info FB=Print Master Info Actual Assessed 17000 2190 118800 15280 135800 17470 Land Area Tot Acres Nhood: 0412 Area: 2 Area Bsm Area Total Land 2750 Last Change Date: 11-05-93 NPC ~WHEATRIDGS JEFFERSON COUNTY ASSESSOR/TREASURE 10-10-94 9:50:02 MASTER Key: 39-253-10-002 Schedule: 022323 Status: 1 T-Dist: 3142 Reason: C81 C80 R76 Owned: KURTH RONALD L Owner2: KURTH JACQUELINE JO C/O: Mail: 06630 Dir: W Name: 30TH City: WHEAT RIDGE Prop: 06630 Dir:_.W Name: 30TH City: WHEAT RIDGE DBA: Most Recent Sale Data Date: 6-30-1994 Code:. 54 Amt: 95000 Deed: WJT Sdiv Reception B/T Lot 144000 94116077 -0014 Sub: COFFEY St R SYSTEM WSRMD08 ATSI002 Next Screen: Parcel ID: 39-253-10-002 Related Schedules Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Actual Assessed Date -Land: 17000 2190 Assessed Imps: 60900 7830 4-19-1993 Total: 77900 10020 Key Sec. Twn Rng Qsec Land Area Tot Acres 25 3 69 ruc Use Built Unit Cons Bsmt Blds Flrs GT Liv RESID RAMC 1955 1 3M NO~ F7=Additional Master Info F8=Print Master Info Nhood: 0412 Area Bsm Area 1682 Area: 2 Total Land Last Change Date: 7-21-94 JLF •WHEA'~RIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 10-10- 94 9:50:38 MASTER ATSI002 Next Screen: Key: 39-253-10-003 Schedule: 021762 Status: 1 Parcel ID: 39-253-10-003 T-Dist: 3142 Reason:-_092 P91 Related Schedules. Ownerl: JONES GARY A Owner2: HANZLICK ELAINE L C/O: Mail: 06650 Dir:-W Name: 30TH _ Ty: AV Sf: Ut: City: WHEAT RIDGE St: CO .Zip Code: 80214 - Prop: 06650 Dir: W Name: 30TH Ty: AV Sf: Ut: City: WHEAT RIDGE St: CO Zip Code: 80214 - DBA: Actual Assessed Mo st Recent Sale Data Date Land: 17000_- 2190_ Date: 8-06-1993 Code: 59 Assessed Imps: 58600 7540 Amt: 9700.0 Deed: WJT 4-19-1993 Total: 75600 9730 Sdiv Reception B/T Lot Key Sec Twn Rng Qsec Land Area Tot Acres 14400-0 93124719 0013 25 3 69 .Sub: COFFEY _ Nhood: 0412 Area: 2 Struc Use Built Unit Cons Bsmt Blds Flrs GT L iv Area Bsm Area Total Land RESID RANC 1955 1 3C AG 1376 F7=Add itional Master Info_ FB=Print Master Info __ Last Change Date: 9-01-93 NPC ~WHEATRSDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM ATSrI002 10-10-94 9:50:49 MASTER Next Screen: Key: 39-253-10-004 Schedule: 022064 StatusR7~ ParcRelaDed35chedules004 T-Dist: 3142 Reason: Ownerl: BARNES JEFF L Owner2: BARNES LISA R C/O: Mail: 06670 Dir; W Name: 30TH City: LAKEWOOD Prop: 06670 Dir: W Name: 30TH City: WHEAT RIDGE DBA: Most Rec-ent Sale Data Date: 8-31-1992 Code: 54 Amt: 76000 Deed: WJT Sdiv Reception B/T Lot 144000 92110032 0012 Sub: COFFEY -Date Assessed 4-19-1993 Key Sec Twn 25 3 Struc Use Built Unit Cons Bsmt Blds F1rs AG RESID RANC 1956 1 3M F7=Additional Master Info FB=Print Master Infc Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Actual Assessed -Land: 17000 2190 Imps: 57900 7450 Total: 74900 9640 gng Qsec Land Area Tot Acres 69 Nhood: 0412 Area: 2 Liv Area Bsm Area Total Land 1181 Last Change Date: 2-22-9'4 MRJ •WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMDOS 10-10-94 9:SI200 MASTER ATSI002 Next Screen: Key: 39-253-10-022 Schedule: 021905 Status: 1 Parcel ID: 39-253-10-022 T-Dist: 3142 Reason: R75 Related Schedules Ownerl: HAWKINS HAROLD W Owner2: HAWKINS MARY A C/O: Mail: 06675 Dir: W Name: 29TH City: WHEAT-RIDGE Prop: 06.675 Dir: W Name: 29TH City: WHEAT RIDGE DBA: Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Actual Assessed Most Recent. Sale Data Date Date: 1-15-1976 Code:- 00 Assessed Amt: Deed: 4-19-1993 Sdiv Reception B/T Lot _ Key Sec Twn 336400 28720837 004 0001 OOB 25 3 Sub.: HENDERSONS AMD PLAT Struc .Use Built Unit Cons Bsmt Blds Flrs GT RESID RANG 1909 1 3M DG F7=Additional Master Info FB=Print Master Infc Land: 17000 2190 Imps: 67600 8690 Total: 84600 10880 Rng Qsec Land Area Tot Acres 69 SW Nhood: 0405 Lv Area. Bsm Area 1496 Area: 2 Total Land Last Change Date: ADDITIONAL LEGALS EXIST WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURE 10-10-94 9:51:33 MASTER Key: 39-253=11-001 Schedule: 403483 Status: 9 T-Dist: 3.142- Reason: 090 411 Ownerl: FIRST SPANISH ASSEMBLY OF GOD Owner2: C/O: Mail: 06475 Dir: W Name: 29TH City: WHEAT RIDGE Prop: 06475 Dir: W Name: 29TH City: WHEAT RIDGE DBA: UN-NUMBERED LOT 1 EXEMPT 30-01-606 Most Recent Sale Data Date Date: 3-OS-1988 Code: 39 Assessed ,Amt: Deed: PLAT 7-08-1993 Sdiv Reception B/T Lot Key Sec Twn 245700 88022365- 0001 25 3 Sub: FIRST SPANISH ASSEMBLY OF GOD SUB Struc Use Built Unit Cons Bsmt Blds F1rs R SYSTEM WSRMD08 ATSI002 Next Screen: Parcel ID: 39-253-11-001 Related Schedules 021669 022154 022515 Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Ty: AV Sf: Ut: ~ St: -CO Zip Code: 80214 - Actual Assessed Land:- 523140 151710 -Imps: 863000- 250270 Total: 1386140 401980 Rng Qsec Land Area Tot Acres 69. SW 290632 6.672 -- Nhood: Area: 2 GT Liv Area Bsm Area Total Land F7=Additional ,Master Info FB=Print Master Info 290632 Last Change Date: WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER 10-10-94 9:51:42 MASTER Key: 39-253-11-002 Schedule: 022516 Status: 1 T-Dist: 3142 Reason: R76 Ownerl: BISANT CLEMENT D Owner2: BISANT JACQUELINE A C/O: Mail: 02980 Dir: Name: NEWLAND City: WHEAT RIDGE Prop: 02980 Dir: Name: NEWLAND City: WHEAT RIDGE DBA: M t os Recent Sale Data Date Date: 8-14-1973 Code: 00 Assessed Amt: 37500 Deed: 4-19-1993 Sdiv Reception B/T Lot Key Sec Twn 336400 2560882 005 0002 OOF 25 3 Sub: HENDERSONS AMD PLAT Struc Use Built Unit Cons Bsmt Blds Flrs GT RESID__ 25TY 1954 1 3M PF DG F7=Additional Master Info F8=Pri nt Master Info ADDITIONAL, LEGALS EXIST SYSTEM WSRMD08 ATSI002 Next Screen: Parcel ID: 39-253-11=002 Related Schedules Ty: ST Sf: Ut: St: CO Zip Code: 80214 - Ty: ST Sf: Ut: St: CO Zip Code: 80214-- . Actual Assessed Land: 17000 2190 Imps: 111100 14290 Total: 12810D 16480 Rng Qsec Land Area Tot Acres 69 SW Nhood: 0405 Area: 2 Liv Area Bsm Area Tota_1 Land 2233 837 Last Change Date: WHEA~'RIDGE JEFFERSON COUNTY ASSESSOR/TREASURE 10-10-94 9:51:57 MASTER Key: 39-253-14-004 Schedule: 021763 T-Dist: 3142 Reason: Ownerl: GEHAUF ROSEANNE Owner2: GEHAUF RONALD J C/O: Mail: 02890 Dir: Name: NEWLAND City: WHEAT RIDGE Prop: 02890 Dir: Name: NEWLAND City: WHEAT RIDGE DBA: M ost Recent Sale Data Date Date.: 6-24-1977 Code: 00 Assessed Amt: 42000 Deed: 4-19-1993 Sdiv Reception B/T Lot -Key Sec Twn 336400 30290467 006 0002 OOL 25 3 Sub: HENDERSONS AMD PLAT Struc Use Built - Unit Cons Bsmt Blds Flrs GT RESID RAMC 1955 1 3M PF DG F7=Additional Master Info F8=Pri nt Master Info Status: 1 R75 R SYSTEM WSRMD08 ATSI002 -Next Screen: Parcel ID: 39-253-14-004 Related Schedules Ty: ST Sf: Ut: St: CO Zip Code: 80214 - Ty: ST Sf: Ut: St: CO Zip Code: 80214 - Actual Assessed Land: 17000 2190 Imps: 74000 9520 Total: 91000 11710 Rng Qsec Land Area Tot Acres 69 Nhood: 0405 Area: 2 Liv Area Bsm Area Total Land 1064... 1064 -- Last Change Date: WHEATRIDGE _ JEFFERSON COUNTY ASSESSOR/TREASURER 10-10-94 9:52:08 MASTER Key: 39-253-15-006 Schedule: 109270 Status: 1 T-Dist: 3142 Reason:. Ownerl: NEELY MARL S Owner2: NEELY BRENDA R C/0: Mail: 02.895 Dir: Name:_NEWLAND City: WHEAT RIDGE Prop: 02.8.95- Dir: Name: NEWLAND City: WHEAT RIDGE DBA: Most Recent Sale Data Date Date: 9-23-1991 Code: 59 Assessed Amt: 10-6000 Deed: WJT 4-19-1993. Sdiv Reception B/T Lot Key Sec Twn 336400 91088251 007 OODl - 60A 25 3 Sub: HENDERSONS AMD PLAT Struc Use Built Unit Cons Bsmt Blds Flrs GT RESID RAMC 1902 1 3M DG F7=Additional Master Info FS=Print Master Info SYSTEM WSRMD08 ATSI002 Next Screen: Parcel ID: 39-253-15-006 Related Schedules 021913 Ty: ST Sf: Ut:- _* St: CO Zip Code: 80214 - Ty: ST Sf: Ut: St: CO Zip Code: 80214 - Actual Assessed ..Land: 17000 2190 Imps: 61100. 7860 Total: 78100 10050 Rng Qsec Land Area Tot Acres 69 Nhood: 0405 Berea: 2 Liv Area Bsm Area Total Land 1752 Last Change Date: 6-14-94 MRJ WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08 10-10-94 9:52:19 MASTER ATSS002 Key: 39-253-15-007. Schedule: 022426 T-Dist: 3142 Reason: Ownerl: O CONNOR JOHN EDWARD Owner2: 0 CONNOR MARY M C/O: , Mail: 06650 Dir: W Name: 29TH City: WHEAT RIDGE -- Prop: 06650 Dir: W Name: 29TH City: WHEAT RIDGE DBA: Next Screen: Status: 1 Parcel ID: 39-253-15-007 R76 Related Schedules Ty: AV Sf: Ut: * St: CO Zip Code: 80214 - Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Actual Assessed Most Recemt Sale Data Date Date: Code: Assessed Amt: Deed: 4-19-1993 Sdiv Reception B/T Lot_ Key Sec Twn 336400 007 0001 OQE_ 25 3 Sub: HENDERSONS AMD PLAT Strut Use Built Unit Cons Bsmt Blds Flrs GT RESID RANC 1955 1 3M FF DG F7=Additional Master Info F8=Print Master Info Land: 17000. 2190 Imps: 73706 9480 Total: 90700 11670 Rng Qsec Land Area Tot-Acres 69 Nhood: 0405 Liv Area Bsm Area 1140 1140 Last Change Date: Area: 2 Total Land WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMDOS 10-10-94 9:52:27 MASTER - ATSI002 Key: 39-253-15-008- Schedule: 022689 Status: 1 T-Dist: 3142 Reason: C80 P79 Ownerl: DREW JOE Owner2: DREW MARLENE C/O: Mail: 06660 Dir: W Name: 29TH City: WHEAT RIDGE Prop: OE660 Dir: W Name: 29TH City: WHEAT RIDGE DBA: Next Screen: Parcel ID: 39-253-15-008 Related Schedules Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Ty: AV Sf: Ut: St: CO Zip Code: 80214 - Most Recent Sale Data Date Date: 4-17-19.93 Code: 58 Assessed Amt: 20000 Deed: QCJT 4-19-1993 Sdiv Reception - B/T Lot Key Sec Twn 336400 - 93072-842 - 007 0001 OOb 25 3 Sub: HENDERSONS AMD PLAT Struc Use Built Unit Cons Bsmt Blds Flrs GT RESID 2STY 1978 1 3F PF. DG F7=Additional Master Info FB=Print Master Info ADDITIONAL OWNERS EXIST Actual Assessed Land: 17000 2190 Imps: 99100 12740 'T'otal : 116100 14.930 Rng Qsec Land Area Tot Acres 69 Nhood: 0405 Area: 2 Liv Area Bsm Area Total Land 1869 861 Last Change Date: 6-14-94 MRJ _ ~.- »au - ,~ .~ l~-/3-9y ' KAY VINCENT 2995 NEWLAND STREET DENVER, COLORADO 80214 ~ a~~- ~o~~ - ~ ~~ ~~ ~~~~~ y~ ~ ~~-. ~~ Pte, ~ ~~ ~, off'. ~ ~- L~ 0 4 _~a~-~~ `~u ~ ~d ~7 i 9 ~ ~ ~`~ ~ ~~ _ _/' ~' 'G~ A ~ G'Gol ~a9.~~ ~~~- ~` ~ ~G~o ~ ~g~ C'~TY OF WHEAT R1Dr?r ~ _ ~. O~;T 1 9 1994 PLANNIN~i & DEVELOPMENT MEMORANDUM TO: Greg Moberg, Planner, l FROM: Rick Murray, Pazk Superintendent~~'` DATE: October 20, 1994 RE: Case Number WA-94-17 (approval of a variance to allow a fourteen foot high fence along a portion of the west property line for property located at 6601 W. 29th Ave.) This memo is in response to the above mentioned case as previously discussed. In meeting with Mr. Harold Hawkins, the owner of property at 6675 W. 29th Ave., west of Stites Pazk. Mr. Hawkins has concerns centered around the usage of the softball field by groups other than those who have been issued a facility use permit by the Pazks and Recreafion Department. Presently, these groups issued permits include youth softball, (Sts. Peter and Paul and girls softball), senior softball and practice for boy's baseball. Activity during other times may include other groups that may have been issued a facility permit to use the softball field, as well as other groups using the softball field on a "drop in" basis. These "drop in" groups have warranted this request due to the fact that they consist mostly of adult males with the ability to hit a softball over the existing section of fence on the west property line. On several occasions, Mr. Hawkins has contacted these groups in question when present at Stites Pazk, but the situation still exists, resulting in property damage to Mr. Hawkins' house and east facing windows in recent years. Included in this memo aze answers to the review criteria (numbers 1-9) under the Wheat Ridge Code of Laws. 1. The property use, service and income under present conditions allowed by the Recreation would yield a reasonable return. The variance would provide a fence high enough (fourteen feet) to allow all groups to use the pazk and softball fields safely with no further damage to Mr. Hawkins property. 2. Yes, partially due to the fact that anyone is free to use the facility as long as there are no groups with facility permits. It is hazd to prevent this situation from reoccurring. Also, the Siberian Elm trees along the west fence line (pazk side of the fence) were removed in 1990 as liabilities, which in the past helped deflect balls. 3. No, as this extension of the west property line fence could be tied in to the existing fence easily and would protect the azea azound Mr. Hawkins' properly (approximately seventy feet). The height of this extended fence would match the same height of the existing fence surrounding the basketball court in the north section of Stites Park. 4. Yes, both to the City as well as Mr. Hawkins as stated in #2. This has been an ongoing problem costing Mr. Hawkins money to fix damages, as well as damaging relations between Mr. Hawkins and the City if not dealt with. 5. I would say the same conditions would be applicable to other property in the same zoning classification as the City needs to make every reasonable attempt to make pazks and open space safe for all. 6. No, as the groups involved will be drop-in, or groups who have not paid for a facility permit. In the long run, money will be saved by preventing damage and still allowing safe usage of the softball fields by all. 7. No, as the property and fence are owned by the City. When the fence was fast installed at six feet, there was no appazent problem. Also, the Siberian Elms on the Hawkins side of the fence were still alive and helping to deflect any errant balls prior to there removal. 8. No. 9. No, as eleven gauge chain link fabric will be used, light and air supplies will not be impaired. Due to the location, there will be no congestion problems in the streets and usage should not pick up dramatically to add any problems in this area. There is no danger of fire or endangerment of public safety. Property values within the neighborhood would not be diminished, but possibly have an opposite effect. In closing, I would like to thank you for your help in this matter. If you are in need of any additional information, please feel free to call me at 467-5902. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: October 27, 1994 DATE PREPARED: October 19, 1994 CASE NO. & NAME: WA-94-17/Wheat Ridge CASE MANAGER: Greg Moberg ACTION REQUESTED: Approval of a fence height variance to allow a 14' high fence along a portion of the west property line. LOCATION OF REQUEST: 6601 West 29th Avenue NAME if< ADDRESS OF APPLICANT(S) City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 1.72 acres PRESENT ZONING: Residential-One PRESENT LAND USE: City Park Same SURROUNDING ZONING: N: & E: Residential-One; S: & W: Residential-Two SURROUNDING LAND USE: N:, S: & W: Single-Family; E: Single-Family & Church DATE PUBLISHED: October 4, 1994 DATE POSTED: October 13, 1994 DATED LEGAL NOTICES SENT: October 13, 1994 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ()NONE ENTER INTO RECORD: ( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS ( )ZONING ORDINANCE (XX) EXHIBRS ( )SUBDIVISION REGULATIONS (XX) 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-9417 REQUEST Page 2 The City of Wheat Ridge is requesting approval of a variance to allow a 14' high fence to be located along a portion of the west property line. The current use of the site is a City Park wherein is located a softball field and a tennis court. This request has been prompted by the resident who owns and resides at 6675 West 29th Avenue. According to the applicant due to the distance and direction of the residence from home plat (located at the southeast corner of the property) numerous balls have hit the house and broken windows. As per Section 26-30 (I)(7): Recreational Fences: Open fences (over eighty (80) percent open) may be constructed to a height not to exceed ten (10) feet for the uses listed below. Such fences shall conform to all setback requirements for structures... Therefore a fence the height of 10' could be constructed a distance of 15' from the west property line with no variance required. However the applicant would like to build a 14' high fence directly on the property line, thereby necessitating the need for a variance. II. FlNDINGS OF FACT Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located? The property is and has been used as a park and softball field 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? Circumstances could be considered unique due to the use of the property as a city park and softball field and the close proximity of residences; and 3. If the variation were granted, would it alter the essential character of the locality? The granting of this variance could alter the essential character of the local neighborhood as no other 14' high fences exist in the immediate area however fences higher than 6' are generally associated with ball fields that have short outfields; and 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; 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? Board of Adjustment Staff Report Case No. WA-9417 Page 3 The conditions upon which the petition is based would be applicable to other properties within the same zoning classification, however there are very few properties within the City of Wheat Ridge that are bounded by a park being used as a softball field; 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 any person presently having an interest in the property; 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 will be injurious to other property or improvements in the neighborhood; 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 granting of this variance will not impair the adequate supply of light to the front yard of the property directly to the north of the subject site. -- --- 0 n t0 0 ~ t0 0 ~ t0 ~~ 0 ~ l ~~ ~0 ~-~ 0 ~0 0 ~D CI ~ ~ ~ ~ ~ ~ C1 U7 ~ Q' ~ ~O r Ifs C7 1n 0 N ~ L(7 N 1!7 o r ~ n ~ n ~ n ~ ~ ~ ~ ~ ~ ~ d 0 0 0 o OJ ~ o N 7 0 ~ 1f7 ~ 7 V V ~ ~0 ~0 ~ t0 ~D ~O C7 ~ ~ 0 o _ ~ ~ 'a o Ifi ~ o N U7 ~ V V V ~ ~ ~ ~ ~ ~ 0 0 ~O ~ IN V N N ~ iD ~ N 0 W -~ ~ N , o CO __ N o t` N ~ N N o u7 117 N n n N N d 0 In (\ N nJ ~ I (` N N N 2696 ~ nl W 32ND ,~ ^ x ~ ~ ~ ~ :> ~ ' iF _ .. - M1. ' . 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G4u loumn 6s'1+1.]um ,as'll9.a>ml_ _le0'lussn) 1]5_161.fL^V R¢n Boy launar ss'OA]&nl 96'lioelml +SU'HSYfmI i75't50'Nml GINS axwWl eD'Ne.xBml b'(1x.IPld~ ly6'IeYBImI -400'160.9em/ Boys l2oMa 6o'Gex9m1 dp Vx.t9m) I>s'l5]Nm) xee'(60,tYm) Gins tSYNeI u'119.etm) 16'(fiAZn) m'(6e.uM E50'(M.zBm)' Boys ISmam 60' 116 Mml <6' (IlYxml x'A' 116.Nm1 3]5' (Bl e3ml cNb leumx es'Il9.etm1 4p I1531M -zz5'I6e.66r1R R90'l]4`Nn), Boys l6~uNtt 65'11961m1 My II631m1 3)5'Ie]6lm) 9N'(91 Nm) FaM cvk tB+me+ u_(lG'nm) u•PO.mm) lu'N6.]zM 115'W~GIM Pi6n Boys 10.oMe+ 55' pe Mm) JS' II06]ml 15p PS.r1m) t]5' IA.91m1 _ G'xLL 12_a+Wr BO'(1B~R9m1` _~i'(10,d71M1~' iTe'1$337~( _x67C t. Boys Ix~u aer 60' (1639m1 b' (IZ,19m) ln' ISJ.9dm1 zOJ' 16o.96m1 s4v~ -cBla'is'uiesr 'iG 16~'9nY. ..'b; i~iiYml'" - s'i6~ . '4ar'IeO"M91A'.~' ~ Bers ls.uwer _ sp'pe t9m) e6'~lii.exml iis'1`a,9~m1 zee'169se1a1 _ .: LGa. 'Frc 1~:~*i"" _+6"lT'~` wo' 1~.. 'nB`7 •. -&ryy'19:.unCOr 60'llezAn) b'1110xM BW'16U 96m1 xx5'160,50m1 Slow Pitch Games-11 and 12 Inch 4 WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 27, 1994 -page 5 4. This use would appear to be in conflict with the zoning concept of being compatible with the general character of the neighborhood. 5. There are viable options available to the applicant-for the parking of a commercial truck-tractor. Motion was seconded by Board Member ROSSILLON. Board Member.-ECHELMEYER asked for clarification of the voting procedures. Discussion followed. Motion carried 5-0. Resolution attached. B. Case No. WA-94-17: An application of the City of Wheat Ridge for approval of a variance to allow a fourteen-foot high fence along a portion of the west property line at Stites Park. Said property is located at 6601 W. 29th Avenue. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ABBOTT asked where was the 14 foot derived from, and Mr. Moberg said it would be best to ask the applicant that ques ion. Board Member ABBOTT wanted to know if they need to ask for a variance to the setback, and Mr. Moberg replied no. .They can build a 10 foot-fence with a 15 foot setback, but the fence on that property line now is 6 feet and they want a 14 foot fence-right on the property line, so they need a variance to .fence height. Board Member ECHELMEYER questioned the 12' high fence surrounding the basketball court to-.the-north and asked if it came in on a variance, and Mr. Moberg answered no. Board Member ECHELMEYER asked if the City will be-putting this fence up even though it .is on Mr. Hawkins' property line, and Mr. Moberg answered yes,, but the fence will have to be on City property. Board Member ECHELMEYER wanted to know if -there is a six month or one year time limit on-this variance, 'and Mr. Moberg answered none,--i-f this is approved that fence gets to remain as long as it lasts. 1 a WSEAT RIDGH BOARD OF ADJIISTMENT MINIITES OF MEETING: October 27, 1994 Page 6 Board Member HOWARD asked if it is the intent to put the fence out to the street, and Mr. Moberg answered no, the intention is just to place it in front of-the house; it-will not go all the way across the west property line. Board Member ROSSILLON asked what kind of fence will it be, and Mr. Moberg answered he believes chainlink. No further questions were asked of staff. Rick Murray, Park Superintendent, 4966 Osceola Street, Denver, CO, was sworn in. -The Parks Department was contacted by Mr. Hawkins, the property owner, and his concern is that this problem has been going on for a period of time. There used to be a line of trees that deflected the balls going that direction-but they were removed in -the mid-80's. Mr. Murray said the fence being considered will be 11 gauge and pretty light weight. Board Member ECHELMEYER wanted to know how long the fence.. will be, and Mr. Murray said the fence--will be about a 70 foot section. The. fence was kind of narrowed down to be in front of the house only because Mr. Hawkins is not real concerned about the garage. Mr. Murray said this field is used mostly by adult males because the programs have grown so much and fields are just not available. Board Member ABBOTT questioned how to use the correct wording for the motion. Mr. Moberg said if approval is recommended then placing in the motion that the fence will be only a portion along. the side of the house should be sufficient. , No further questions were asked. Motion-was made by Board Member ABBOTT, that Case Na. WA-94- 17, an application by The City of Wheat Ridge,. be APPROVED for the following reasons: 1. Circumstances-could be considered unique due to the use of the property as a city park and a softball field. 2. Granting this variance should not alter the essential character of the neighborhood. Fences higher than 6 feet are generally associated with ball fields. WHEAT RIDGE BOARD OF ADJ[7STMENT MINIITES OF MEETING: October 27, 1994 Page 7 3.. The variance is for the improvement of safety to the neighbors' health and property along the west fence- line. 4. The 14' height is driven by a generally accepted code standard and the experience of the home owner along the west side. WITH THE FOLLOWING CONDITIONS: 1. The fence must be chainlink. 2. The 14' section is to extend only to the length so as to protect the property at 6675 W. 29th Avenue. Motion was seconded by Board Member ECHELMEYER. Motion carried 5-0. Resolution attached. C. 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 to allow construction within the Lena Gulch 100-year Flood Plain. Greg Moberg presented the staff report. A11 pertinent documents were entered into record which Chairman JUNRER accepted. Board Member ECHELMEYER questioned why this was passed by City Council to them, and Mr. Moberg replied City Council cannot approve floodplain variances.' The Board has to approve the exception and then it is forwarded on to City Council for final approval. City Council wanted the Board- to hear this first so they would not be spinning their wheels in the event it was denied. Board Member ROSSILLON asked if this can be approved because they are not raising the water level., and Mr. Moberg answered the applicants have to meet certain criteria and not inhibit the flow of the floodway. Mr. Moberg presented a letter from Urban Drainage dated October 20, 1994, and said the letter arrived after the packets were delivered. Board Member ABBOTT wanted to know what the structures are to the northeast and Mr. Moberg replied townhomes. Board Member ECHELMEYER asked if .the area marked for the patio homes is higher than the ground level of the units to the north and will they maintain that ground level, and Mr. Moberg said he would have to ask the engineer.. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 27, 1994 Page 8 Board Member ECHELMEYER said there-are also at least 5-6 homes that set to the west of this development on about the same plateau and. wanted to know if they requested a floodplain variance. Mr. Moberg answered those homes were built prior to the Floodplain Ordinance. which was established in the mid-70's. No further questions were asked of-staff. Larry Dezman of Futura Engineering; 12741 E. Caley Avenue, #126, Englewood, CO, was sworn in. Mr. Dezman said they used the City's mapping and existing studies as a basis for their report and .submitted these to Urban Drainage and the City. Comments from Bill DeGroot and Bob Goebel were in concurrence .with the conclusion of the hydraulic report. There is no change in the 100-year flood level due to the construction of this development as they are out of the floodway and according to an engineer's interpretation of the floodplain ordinance, they meet the requirements of the exemption. Board Member ECHELMEYER asked what is 'out of the floodway' and Mr. Dezman answered there are two districts in the floodway administration. The floodway district is the high velocity core which carries most of the. total water in a flood event, and the floodplain or storage is the slower moving outer areas on either side of the floodway. The floodway will carry about 90-950 of the water and the floodplain or storage on the outside will carry the remainder, Board Member ECHELMEYER questioned .the .last home closest to the ditch being in somewhat of a precarious position, and Mr. Dezman answered the ground is relatively higher through that area and keeps the higher velocity flood waters away. The grading of these lots was the highest location to the west and as a consequence the water .is drawn from the bank to the 'drop structure'. The ground behind this development appears to be higher than the local floodplain elevation and tends to make any water separate. Board Member ROSSILLON asked if the water-is deeper to the north of the site and Mr. Dezman said it is slightly deeper but is slow moving water; and added an interesting note is that Quail Street slopes north at 38th Avenue. Board Member ABBOTT asked in reference to grading, is all of the provisions in Section 26-206(F) provided in condition #3, and Mr. Moberg said the applicants would not be allowed to do anything other than what is allowed by that section 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 27th day of October 1994. CASE NO: WA-94-17 APPLICANT'S NAME: The City of Wheat Ridge LOCATION: 6601 W. 29th Avenue Upon motion by Board Member ABBOTT , seconded by Board Member ECHELMEYER , the following Resolution was stated. WHEREAS, the applican_t_ was denied permission by an Administrative Officer; .and WHEREAS, Board of Adjustment Application, Case No. WA-94-17 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-94-17, be and hereby is APPROVED. TYPE OF VARIANCE: Fence height PURPOSE: To allow a 14' fence FOR THE FOLLOWING REASONS: 1. Circumstances could be considered unique due to the use of the property as a city park and a softball field. 2. Granting this variance should not alter the essential character of the neighborhood. Fences higher than 6 feet are generally associated with ball fields. 3. The variance is-for the improvement of safety to the neighbors' health and property along the west fence line. 4. The 14' height is driven by a generally accepted code -- standard and the experience of the home owner along the west side. WITH THE FOLLOWING CONDITIONS: 1. The fence must be chainlink. 2. The 14' section is to extend only to the length so as to protect the property at 6675 W. 29th Avenue. VOTE: YES: ABBOTT, ECHELMEYER, HOWARD, JUNKER, ROSSILLON NO: None DISPOSITION: Variance to fence height granted 5-0. DATED this th day of October, 1994. SUSAN JUNKS , Chairman Mary L u Chapla, Secretary Board of Adjustment Boar of Adjustment