HomeMy WebLinkAboutWA-94-217heCityof 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~~ Q. +-sJ~('~ Address32S ~~;"''S~ ~GCp ~~~ ~S~
Oomer ~'j~L°3C-&~'9~L `-5~-8'~~9^^~ Address3~0`"~ ~~~(s189"`'~'- Phone ZS--IIc~2
Location of request ~~~ W`~s~ ~~
Type of -action requested (check one or more of the .actions listed below
which pertain. to your request.)
^ Change of zone or-zone conditions ~ariance/Waiver _ -
Site development plan approval Nonconforming use change
Special use permit Flobd plain special exception
Conditional use permit _ Interpretation of code.
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation -
8 Preliminary. _ _ Miscellaneous plat
Final Solid waste landfill/
** See attached procedural guide mirieral extraction permit
for specific requirements.- ^ Other
Detailed Description o~ reques tiClv~i ~ 1
~, _~.e9~Yl `l~ C44V y v ~` ~ i `~ ~ C e r R .acr- '3A n ,~~.f C.,..~I~'
List all persons and companies who hold an interest in_the_described__r_eal
property, as owner, mortgagee, lessee, optioriee, etc..
NAME .ADDRESS PHONE
P.Ati7~- ~ tes r,.~ ->, a .g ~..r is „ram ~ t(25 7~~-
V L
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 ~ 'or, cann t lawfully be accomplished.
Applicants other than owners mus it er-of-attorney from the owner _
which approved o£ this action ~ is -elf. - .
/~,.
Signature_of_Applicant -.---
Subscribed and orn to me this ~ day of is -19
Notary P blic
SEAL
My commission expires 1- a -~~
C No
Dates Received - - Receipt No. ase
RECEi'I1UN NU. `l4vtiOYS'9 ia.~'v
RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO S/10/94 14:40 ,~,
yy DEPUTY.
FILING STAMP
THIS DEED , Made this day of May 05, 1994
between x"".^f^ "`.'»LY
RICHARD G. S1TM'IONS `)~`~~v v
$ate ~ 3
of the County of JEFFERSON and State of
CoLorzd6, of the first part, and
LYLE J. SCHOSSOW AND CAROLS D. SCHOSSOW
whose legal address is 3804 WRIGHT STREEP
WHEAT RIDGE~COIIJRADO 80033
of the County of J~fT"~t4xJN and-sfate of Colorado, of the second part:
W [TNESSETH, That the said party of the first part, for and in consideration of the sum of (***$139,900.00 )
ONE HUNDRED THIRTY NINE THIXISAND NINE HUNDRED DOLLARS AND 00/100THS
and other good and valuable consideration to the said party of the first part in_hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and acknowledged, has granted, hargai ned, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the said parties of the record part, their heirs and
assigns forever, not in tenancy in common but in joint tenan~yy~~~~all the following described lot or parcel of land,
lying and 6ei ng in the County of JEP'F'ER30N ~- and State of Colorado, to wit:
Lot 5, Block 4, RIDGE SUBDIVISION, COLINT'Y OF JEFFERSON, STATE OF COIARADO.
also known as street number 3804 WRIGHT STREEP WHEAT RIDGE, COIARADO 80033
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,_issues and profits thereof; and all the estate, right, title
interest, claim and demand whatsoever of the said party of the first part, either in law or equity,ot, in and to the
' above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of
~~ the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
' and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs
and assigns, That ar the time of the enseali ng and delivery of these presents, he is well seized of the premises above
` conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from aLL former and other grants, bargains, sales, Liens, taxes, assessments and
encumbrances "o'f whatever kind or nature soever;
EXCEPT, GFEIF:RAT, TAXES AND ASSESSMENTS FOR THE YEAR 1994 AND SUBSEQUF2IT YEARS AND
SUBJECIt TO,,EASII~PS, RESERVATIONS, RESTRICTIONS, ODVENANTS AND RIGHTS OF V7tSY OF
RECt3~~IJ. IF-ANY;'
~;:~inS}tindq ::.~a
and.,stLg, ~Ploved"'ba rgained premises in the quiet and peaceable possession of said parties of the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming
' or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The
singular number shall inc iude the ptu ral, the pi urat the singular, and the use of any gender shalt be applicable to all
genders.
]N WITNESS. WHEREO F, the said party of the first part has hereunto set his hand a se L the day and year first above
writteni ~<~'~'
yL,
~~Si~gned,~Seal ed and Delivered in The Presence of (SEAL)
>
STATE OF COLORADO
County of
> ss.
The for eg instrument was acknowledged before me this day of May 05, 1994
by RICHARD G. SII'M'IONS
My comnissi on expires (~ ~ ' ~_Q
Witness my hand and official seal.
SUSAN NOVLANO
Notary Public
101"'°""'11k17q]tr7TY'DEED - To Joint Tenants
B15846.0410690 B0410690
~ ~
`/'~
L A N D S U R V E Y I N G
5460 WARD ROAD • SUITE 160
ARVADA, COLORADO 80002
(3037 420-4788
IMPROVEMENT LOCATION CERTIFICATE
Attn: JCfiN
DATE 11/10/94 FEE80.00 toe#94-2814.
MORTGAGE CO NUSSE BLDG. SERVICES INC.
ADORESS3804 WRIGHT ST.
BORROWERS NAME SCHOSSOW
T LEGAL DESCRIPTION
' L~O IPER CLIENTI
JEFFEI~SONOCOUN~'YR STATE OFICO ORAl~~
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On the basisof my kno~~twtt ftledge, informatio _ tl b
or Improvement Survcq~~t, a4 ~'i~~
improvement lines. I further rtify that the
connections, are entirey withi the boundaries
described prem(ses by improv marts on any ad
sign of any easement crossin or burdening any
"NOTICE: According to Cofora law you inugt a
first discover such defect. In no eve may any action
the certlficatlon shown hereon."
It is my intereretation th t the above described
property is ~p~ Iocat~withina100
yearfloodhazartiboundarybasedonFederal
Fmernenrv Manacement Aaencv Flood InSUfanCe
Ih
-rel' upon for the estak
~ - ants on the above da
parcel, except as shown,
premises, except as indical
said parcel, except as note
U~\U
s any legal action ba
pon any defect In thl _
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o a Ow.l
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locatiov,certficate was prepared for
- ,thafit~is,not a Land Surrey Plat
t of fence, buildieg,or other future
'~ parcel on this d except utility
are are no encroach nts upon the
that there is no appare evidence or
~s survey within three ars after you
~Jrmre than ten years the date of
!/• io
NOTICE OF PUBLIC NEARING
SUPPLEMENT
Notice is hereby given for additional case(s) of a public hearing to be held
before the Wheat Ridge Board of Adjustment on December 8, 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:
Case No. WA-94-21: An.application by John Nusse for approval of a 5
foot variance to the required 10 foot rear yard setback for property
zoned Residential-One A. Said property is located at 3804 Wright Street
and is legally described as follows:
Lot 5, Block 4, Ridge Subdivision
County of Jefferson, State of Colorado
Qh vc`t ~
Mar o Chapla, Secretary
ATTEST:
Wanda Sang, City Clerk
To be published: November 24, 1994
Jefferson Sentinel
CffY OF WHEAT RIDGE
Planning & Development Department
INVOICE
Re: Case No. WA=94-21 Date: i1-23-94
Applicant John Nusse
m Address 3804 Wright Street
1. Publication Dates(s) -BOA 11-24-94
Number of lines: 9
Amount Due: $3.96
2. Publication Dates(s) - PC
y Number of Lines: _
Amount Due:
3. Publication Date - CC
Number of lines:
Amount Due:
4. Certified mailing No. ? X $2.60 = $ 18:20
5. Recordation charge:
6. Parkland Assessment:
TOTAL AMOUNT DUE: $22.16
7500 W 29th Ave
Wheat Ridge CO 80215
(303)235-2846
~, l~_CiJ~I~
P.O. BOX 638 TELEPHONE: 303/237-6944 Th@ Clty Ol
7500 WEST 297H AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
November 22, 1994
This is to inform ,you that. Case No. WA-94-21 which is a request
for approval of a five-foot variance to the required ten foot
rAar ~arr7 GQ_tback
for property _located at 3804 Wright Street
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue
at 7e30 P M on December 8, 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
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WI-1"EATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
11-21-94 9:54:28 MASTER ATSI002
Key: 39-292=01-001 Schedule: 149644
T-Dist: 3134 Reason:-
Ownerl:~'rCCO ANTHONY M
Owner2:~`rCCO DONNA" M
C/O:
Mail:-12425- Dir:-W Name: -3~TH
Next Screen:
Status: 1 Parcel ID: 39-292-01-001
Related Schedules
030755
City: WHEAT RIDGE
Prop:-12425 Dir: W Name: 38TH
City: WHEAT RIDGE
DBA : - --
Most Recent Sale Data Date
Date: 9-27-1978 Code: OD Assessed
Amt: Deed: 11-29-1993_
Sdiv Reception B/T Lot Key Sec Twn
315000 78089623 OOOI 29 3
Sub: GREEN SHADOWS
Struc Use .Built Unit Cons Bsmt B1ds Flrs GT
RESID 2STY 1978 1 SM PF MG
F7=Additional Master Info F8=Print Master Info
Ty: AV Sf: Ut:
St :- CQ Zip Code:8-6033- -
Ty: AV Sf: Ut:
St: CO Zip Code: 80033
Actual Assessed
Land: 54500 7010
Imps: 315100 40520
Total: 369600 47530
Rng Qsec Land Area Tot Acres
69 8.0150 1.840
Nhood: Area: 2
iv Area Bsm Area Total Land
4305. 3591 -80150
Last Change Date:
WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
11-21-94 9:56:18 MASTER - _ ATS2002
Key: 39-292-01-005 Schedule:
T-Dist: 3141 Reason:
Ownerl:-SIILLIC/AN P7ARLENE A
Owner2:-5ULLIVAN GEORGE B
C/O:
Mail: 03814 Dir: Name: WRIGFIT
City: WHEAT RIDGE
Prop: 03814 Dir: Name: WRIGHT
City: WHEAT RIDGE
DBA:
Most Recent Sale Data
Date: 10-27-1989 Code: 54 --
Amt: 94500 Deed: WJT
Sdiv Reception B/T Lot
638800.__ 89093670 004 0004
Sub: .RIDGE _ __
Next Screen:..
030829 Status: 1 Parcel ID: 39-292-01-005
R76_ Related Schedules
Date
Assessed
4-19-1993
Key Sec Twn
29 3
Ty: -ST Sf : Ut:
St:-CO Zip Code: 50033 -
Ty: ST Sf: Ut:
St: CO Zip Code: 80033 -
Actual .Assessed.-
Land: 30000 3860
Imps: 72200 9290
Total: 102200 13150
Rng Qsec Land Area Tot Acres
69
Nhood: 1401 Area: 2
Area Bsm Area Total Land
1513
Struc Use Built Unit Cons Bsmt Blds Flrs GT I;iv
RESID RANG 1961 3 3M AG
F7=Additional Master Info FB=Print Master Info
Last Change Date:
WI~EATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRMD08
11-21-94 9:5.6:28 MASTER ATSI002
Key: 39-292-01-006. Schedule:
T-Dist:-3141 Reason:
Ownerl:-S-CHOSSOW LYLE J
Owner2:=SCHOSSOW CAROLE D
C/O:
Mail:-12475 Dir:-W- Name:-38TH
City: 'WHEAT RIDGE
Prop: 12475, Dir: W Name: 38TH
City: WHEAT RIDGE
DBA:
Most Recent Sale Data
Date: 5-05-.1994 Code: 54
Amt: 139900 Deed: WJT
. Sdiv Reception B/T Lot
638800 940.8599.4 004 0005
Sub: RIDGE
Next Screen:
030852- Status: l Parcel ID: 39-292-01-006
R76 Related Schedules
Ty: AV Sf: Ut: ~
St: CO-Zip Code: ~6-033 --
Ty: AV Sf: Ut:
St: CO Zip Code: 80033 -
Date
Assessed
4-19-1993
Key Sec Twn
29 ~ 3
Struc Use Built Unit Cons Bsmt B1ds Flrs GT
RESID SP-L 1964 1 3M OF AG
F7=Additional Master Info FB=Print Master Info
Actual Assessed
Land: 28500 3670
-Imps: 72700 9350
Total: 101200 13020
Rng Qsec Land Area Tot Acres
" 69
Nhood: 1401 Area: 2
Liv Area Bsm Area Total band
1846 300
Last Change Date: 6-27-94 MRJ
WHEATRIDGE - JEFFERSON COUNTY ASSESSOR/TREASURER
11-21-94 9:56:39 MASTER
Key: 39-292-03-0.03 ~:.Schedule:-
T-Dist: 3141.-_, - Reason:
Ownerl:~ICFA~DEN BRTTCE W O
Owner2 : -P'ICFADDEN JUDITH D O
C/0:
Mail:_03813_ Dir: Name:'WRTGIiT
City: TnIHEATr-RIDGE
Prop: 03813 Dir: Name: WRIGHT
City: WHEAT RIDGE
DBA:
Most Recent Sale Data _ Date ----
Date: 1-31-1989 Code: 56 Assessed
Amt: 115000 -Deed: WJT 4-19-1993
Sdiv Reception B/T Lot Key Sec Twn
63880.0 89611597 003 000'6 29 3
Sub: RIDGE -
Struc _Use Built-Unit Cons Bsmt Blds Flrs GT
RESID RANG 19-61 1 3M FF AG
F7=Additional Master Info FB=Print Master Info
030800- Status: 1
R76
SYSTEM WSRMD08
ATSI002
Next Screen:
Parcel ID: 39-292-03-D03
Related Schedules .
Ty: ST Sf: Ut:
St:_CO Zip Code: 80033 -
Ty: SZ Sf: Ut:
St: CO Zip Code: 80033 -
Actual Assessed
Land: 30000 '3860
Imps: 91000 11700
Total: 121000 15560
Rng Qsec -Land Area Tot Acres
__ 69
- Nhood: 1401 Area: 2
Liv Area Bsm Area Total Land
1717 1512
Last Change Date:
WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER
11-21-94__._9:56:50. MASTER
Key: 39-29-2-05-001 Schedule: 030671
T-Dist: 3141 Reason:
Ownerl:~TTLLER KURT A
Owner2:-MILLER DONNA R
C/O:
Mail:03-773 Dir: Name: ~7RIGHT
City:-WHEATRIDGE
Prop: 03773 Dirs. Name: WRIGHT
City: WHEAT RIDGE
DBA:
Status: 1
R76
SYSTEM WSRMD08
ATSI002
Next Screen:
Parcel ID: 39-292-05-001
Related Schedules
Ty: ST
St: ~O
Ty: ST
_ St: CO
Most Recent Sale Data Date
Date: 2-09-1991 Code: 44 Assessed-
,Amt: Deed: WST 4-19-1993
Sdiv Reception B/T Lot Key Sec Twn
642800 91011770 OOD1 29 3
Sub: RIDGEVIEW ACRES 3RD FLG
Struc Use-- Built Unit Cons Bsmt Blds Flrs GT
RESID 25TY 1962 1 3F OF BII
F7=Additional Master Info F8=Print Master Info
Sf: Ut: 027
Zip Code:-80.033- -
Sf: Ut:
Zip-Code: 80033 -
- Actual Assessed
Land:
- 2-7600 3550
Imps: 7110.0 9140--
- Total: 98700-- 12690
Rng Qsec Land Area Tot Acres
b 9 ~,
Nhood: 1402 Area:- 2
Liv Area Bsm Area Total Land
1744 684
Last Change Date:
WHEATRIDGE JEFFERSON COUNTY ,ASSESSOR/TREASURER SYSTEM WSRMD08
11-21-94 9:56:59 MASTER ATS2002
Key: 39-292-06-001 Schedule: 030682
T-Dist: 3141 Reason:
Ownerl:zARDOUREL EDWIN L
Owner2:-ARDOUREL PHYLLIS M
C/O: -
Mail: 03772-Dir: Name:~GIiT
City: WHEAT RIDGE
Prop: 03772 Dir: Name: WRIGHT ----
City: WHEAT. RIDGE -
DBA:
Next Screen:
Status:- 1 Parcel ID: 39-292-06-001
R76 Related Schedules-
Most Recent Sale Data Date
Date: Code:. Assessed
Amt: Deed: 4-19-1993
Sdiv Reception B/T Lot Key Sec Twn
642600 0001 29 3
Sub: RIDGEVIEW ACRES 2ND FLG
Struc Use Built Unit Cons Bsmt B1ds Flrs GT
RESID RANC 1899- 1 1F NO
F7=Additional Master Info F8=Print Master Info
Ty: ST Sf: Ut:
St:_-C0 Zip Coder8~0-33 -
Ty: ST Sf: Ut:
St: C0 Zip Code: 80033 - --
Actual Assessed
Land: 28500 3.670
Imps: 41300 531.0
Total: 69800 8980
Rng Qsec Land Area Tot Acres-
69
Nhood: 1402 Area: 2
iv Area Bsm Area Total Land
1616
Last Change Date:
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: December 8, 1994 DATE PREPARED: November 29, 1994
CASE NO. & NAME: WA-94-21/NUSSE
CASE MANAGER: Greg Moberg~P~
ACTION REQUESTED: Approval of a 5 foot variance to the required 10 foot rear yard setback to
allow the construction of a porch cover.
LOCATION OF REQUEST: 3804 Wright Street
NAME & ADDRESS OF APPLICANT(S)
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA: 11,300 square feet
PRESENT ZONING: Residential-One A
PRESENT LAND USE: Single Family Residential
John Nusse
32509 Robinson Hill Road
Golden, CO
Lyle & Carol Schossow
3804 Wright Street
Wheat Ridge, CO
ZONING: N:, E:, S: & W: Residential-One A
SURROUNDING LAND USE: N:, W:, E: & S: Single Family Residential
DATE PUBLISHED:
DATE TO BE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
ENTER INTO RECORD-
November 24, 1994
November 24, 1994
November 22, 1994
( )
( )
(XX) NOT REQUIRED
(XX) NONE
( )COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( )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-9421
REQUEST
Page 2
The applicant is requesting a 5 foot variance to the required 10 rear yard setback to allow
the construction of a covered patio.
The site is approximately 11,300 square feet in area, contains a 1,767 square foot single
family residence. Currently a concrete patio is located in the rear yard. The applicant
would like to cover the existing patio which is within 5 feet of the rear property line. As
per Section 26-30 (O)(1):
A porch, patio, deck or balcony which is open on at least two
(2) sides may encroach into a front setback up to eight (8)
feet or Into a side or rear yard a maximum of one-third the
distance to the closest property line.
Therefore by-right the patio cover could encroach 3 feet into the rear yard setback. The
applicant is asking for 5 feet.
II FINDINGS 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?
Because the property has existed and will remain regardless of the 10 foot rear yard
setback requirement it is can to assume that the property can yield a reasonable return
in use if permitted to be used only under the conditions allowed by the regulations for
the district in which it is located; and
2. Is the plight of the owner due to unique circumstances?
There are no unique circumstances; 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 there are main structure setback encroachments within the immediate
area; and
4. Are there any particular physical surroundings, shape or topographical conditions of the
property involved that would result in a particular hardship?
The peculiar placing of the residence on the site may be considered 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-9421
Page 3
If a hardship is found then conditions upon which the petition is based would not be
applicable to other properties within the same zoning classification, however if it is found
that there are no unique circumstances nor hardships that separate this site from any
other 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 money;
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 not 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 could impair the adequate supply of light to the property
owner directly to the north of the subject site.
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WBEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 8, 1994 Page. 10
Chairman JUNKER called for a five minute recess.
D. Case No.__WA-94-21: An application by John Nusse for
approval of a 5 foot variance to the required 10 foot rear
yard setback for property zoned Residential-One A. Said
property is located at 3804 Wright Street.
Greg Moberg presented the staff report. All pertinent
documents were entered into record, which Chairman JUNKER
accepted.
Board Member ROSSILLON asked about the rear yard setback,
and Mr. Moberg replied there is a 10' rear yard setback
however, decks, porches, and carports may encroach 1/3 into
that setback.
Board Member HOVLAND inquired about front yards in other
cases, and Mr. Moberg read the code definition for a front
yard and stated the City has not been inconsistent.
Chairman JUNKER asked if the variance is basically for one
little corner, and Mr. Moberg replied yes.
Board Member ECHELMEYER asked why is Mr. Nusse the
applicant, and Mr. Moberg answered he is the contractor and
the owners were not in town during the time the application
was submitted. Mr. Nusse can also be the applicant.
Board Member ABBOTT questioned the staff report that states
this project could impair the adequate supply of light for
the property owner directly to the north, asking if they are
that close to the fence, and Mr. Moberg replied they are
within 5 feet of the fence. The requirement for the rear
yard is to be 10 feet away. This is a side yard and with
the garage and the 6 foot fence there, it could impair the
sun.
Board Member WALKER asked what is the distance from the
property line to the house to the .north, and Mr. Moberg
answered they are pretty close and he would guess about 5
feet.
No further questions were asked of staff.
The applicant, John Nusse, 32509 Robinson Hill Road, Golden,
CO, was sworn in. Mr. Nusse said they are just asking for
one little corner to build a patio.
Board Member WALKER said the roof is peaked now and what
would happen if the 3 foot was cut off of that one corner,
WHEAT RIDGE BOARD OF ADJUSTMENT
MINOTES OF MEETING: December 8, 1994 Page 11
and Mr. Nusse said it would make it difficult to build and'
make a rather odd looking porch. There is an. existing patio
and they are trying to avoid it looking odd.
Board Member ROSSILLON asked if there was an existing slab
there now, and Mr. Nusse replied yes.
Board Member ROSSiLLON stated the applicant could not cover
the last 3 feet on the west side and make the roof narrower
than the slab, and Mr. Nusse replied that is a possibility
but for only 1.7 feet it would look much more natural to
have the covered patio.
Board Member WALKER wanted to know if there were any plans
to close the patio in at any time, and Mr. Nusse said not at
the present time. Mr. Moberg added that could be placed as
a condition however, it is extremely hard to follow through
on.
Board Member HOVLAND asked if there had been any complaints
from the neighbors, and Mr. Nusse answered to his knowledge
the neighbors have no problems with this request. Mr. Nusse
added there is a 6 foot privacy fence and a tree line
between the properties already.
No further questions were asked.
Motion was made by Board Member ABBOTT, that Case No. WA-94-
21, an application by John Nusse, be APPROVED for the
following reasons:
1. The setback encroachment is minimal and occurs only at
the northwest corner. By right the patio cover could
encroach 3 feet into the rear yard setback aad the
applicant is asking for 5 feet.
2. This request should cause minimal if any loss of usable
light to the adjacent lot to the north.
3. This request will improve the general value,of the
property at no expense to the neighbors.
Motioa was seconded by Board Member HOVLAND. Motion carried
6-0. Resolution attached.
4. CLOSE THE PUBLIC HEARING
5. OLD BUSINESS
A. Discussion on Case No. WA-94-1.
PUBLIC HEARING SPEAKERS' LIST
CASE N0:
WA-94-21
DATE: December 8, 1994
REQUEST: An application by John Nusse for approval of a 5' variance to the
required 10' rear yard setback for property zoned Residential-One A. Said
property is located at 3804 Wright Street.
AKER'S NAM'.
Position On Request;
(Please Check)
T) ; IN FAVOR ; OPPOSED ;
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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 8th ,day of December , 1994.
CASE NO: WA-94-21
APPLICANT'S NAME: John Nusse
LOCATION: 3804 Wright Street
Upon motion by Board Member ABBOTT seconded by Board_Member
HOVLAND , the following Resolution was stated.
WHEREAS, the applicant was denied permission liy an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-94-21
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-94-21 , be and hereby is APPROVED.
TYPE OF VARIANCE: A 5' variance to the required 10' rear yard
setback.
PIIRPOSE: To construct a covered patio
FOR THE FOLLOWING REASONS:
1. The setback encroachment is minimal and occurs only at the
northwest corner.
2. The request should cause minimal, if any, loss of usable
light to the adjacent lot to the north.
3. This request will improve the general value of the property
at no expense to the neighbors.
VOTE: YES: Abbott, Echelmeyer, Hovland, Junker, Rossillon and
Walker
NO: None
DISPOSITION: Variance granted by a vote of 6-O.
DATED this 8th day of December, 1994.
SUSAN JUNRE , Chairman Mary~h`apla, Sec etary
Board of Adjustment Board of Adjustment