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HomeMy WebLinkAboutWA-94-5The C7ty of ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant~~„a"y,k ~GpR~l Ql.~,rns Address 79gf} ~1uc.~~up~l Phone ~,-~ ~,{-~~7 Owner ~;.g~~ ~T~va.~ (~~,Onl Address ~r^^~' Phone ~q.,,f,t~ Location of request _ "~`j `~ () ~/~,,tLc,p„~~,.1 ~~ ~„~E},_~-` ~~„~-Cy ~p7~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 ~ Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfil-1/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Descri tion of drdequest ~ ~~,hg{ nn~c' t.l ~ rz ~ 0 5~~-~ L ~aCiul)1 W1 1.U..n C ~ ~t `?~,~ ~ + o,[ Lf 7 ~ d, ~ r,~ ~ A n 4! E' n 1 ~c ~ ,~ t7 _~L~fi, ~Q~ 1/g21gqJ/'r- ~ 3p' ~.~{ fl!!P_ ~J SE7I~RC-/L 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 ~~., r~ Subscribed and sworn t this~~~'~day of 19 I(~ _ Not y Public SEAL _ `"- ~iy Commission i~xpnes February 11, 1997 _- My commission expif$~ Y~adsrrnr~l, inulevud Date. Received " ~- 2~"--ge£ Receipt No. _~~~,~~. Case No. ~.~: ~EI;~Cj!1TE DF SURVEY ~:. ~,.. OF A PARGEL OF LAND IN THE SE QUARTER OF SECTION 26, TOWNSHIP 3 50UTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN. CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON. STATE OF COLORAD6..DESCRIBED AS FOLLOWS: _. ~_ BEGINNING A POINT 227.5 FEET WEST'"AND 25.0 FEET SOUTH OF THE NE CORNER OF LOT 3, BLOCK 2, 9ARTH'S SUBDNISION, AS FILED IN THE RECORDS OF JEFFERSON COUNTY, COLORADO; THENCE SOUTH 89.0 FEET; THENCE EAST 101.5 FEET; THENCE NDRTH 89A FEEt; THENCE WEST 101,5 FEET TO THE POINT OF BEGINNING. CITY OF WHEAT_ RIDGE, COUNTY OF JEFFERSON, STATE OF CbLORA00. SCALE z 25' I rn ~ IQ w n T~ _ ~p~ ~N =WVJ ~ ~ QO N C mom ~ nt NQ ~ W Z 25' mad 89.00' COVERED N o PATIO U: 4 V F i ~ 4. SINGLE STDRY BRICK RES. 28.25 i L.].L3 m -a -- F z ~ ~ PORERI .cz~o~ 2990 S+#ULSBURY STREET $9.00' o SAULSBURY STREET ~W X n. N 0 1" 30' i HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR TERRY OLSON, THAT IT IS NOT A LAND SURVEY PLAT 4R IMPROVEMENT SURVEY PLOT. AND THAT R IS NOT TO BY 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, APRIL 19, 1994, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BDUNDARIE5 OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCRDA,CHMENTS UPON THE DESCRIBED PREMI5E5 BY IMPRDVEMENTS DN ANY ADJ41NlNG PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF Y . MENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, E . _ `~4p. DATE. " " REG. LI;~URVEYOR [Space Above Thia Line For Recording Dau] DEED OF TRUST ~~THIS DEED OF TRUST ("Security Instrument") is made on April 30, 1993 ~RRY D. OLSON DIANA L. OLSON ("Borrower"}, the Public Trustee of JEFFRSON Universal Lending Corporation which is organized and existing under the laws of COLORADO address is 6775 East Evans Avenue P.O.Box 24067 Denver, CO 80224 NE THOUSAND THREE HUNDRED AND among the grantor, County ("Trustee"), and the beneficiary, and whose ("Lender). Borrower owes Lender the principal sum of ONE HUNDRED O NO/100 the Dollars (U.S. $ 101300.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on 05/01/23 .This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and motiificadons of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and {c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this propose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in County, Colorado: JEFFRSON BEGINNING AT A POINT 227.5 FEET WEST AND 25 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 3, BLOCK 2, BARTH'S SUBDIVISION; THENCE SOUTH 89 FEET; THENCE EAST 107.5 FEET; THENCE NORTH 89 FEET; THENCE WEST 101.5 FEET OF THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. which has the address of 2990 SAULSBURY STREET, WHEATRIDGE Colorado 80033 ("Property Address"); [Zip Code] COLORADO -Single Family - Fennle Mae/Freddte Mao UNIFOflM INSTRUMENT Papa 1 of e -Bfl(CO) (9109) VMP MORTGAGE FORMS - (313)2938100 - (800)521-7291 m (Street, Ci[y], Form 3006 1197 Amended 5/97 :~~ "+1nM1lsla: Terry and Diana Olson 2990 Saulsbury St. Wheat Ridge CO 80215 April 21, 1994 Department of Planning and Development 7500 W. 29th Ave. Wheat Ridge, CO 80033 Members of the Board: We are applying for a variance in the side yard set back for a detached garage. The lot is a corner lot, therefore, the use regulations render over 60~ of the lot unusable. Without a variance we will be unable to garage our automobiles. The planned garage will in no way alter the character of the neighborhood. It will have the same roof line and brick of the existing house. The neighborhood already has several structures which vary from the use regulations. (See attached list.) The sole pupose of-the proposed garage is to protect our auto- mobiles and the desire to_make money has nothing to do with our request. We plan on living here for many years and wish to en- hance the property and the neighborhood. If approved, this variance would not do any of the following: Be detrimental to public welfare Be injurious to other property or improvements in the neighborhood Impair the adequate supply of light and air to adjacent property Increase congestion Increase fire danger Endanger public safety Diminish property values We have spoken to our neighbors and not one expressed opposition to the variance. (See attached list.) In addition, we are enclosing a certificate of survey and a sketch of the location of the proposed garage. We appreciate your consideration of this matter and hope you approve this request. Sincerely, ~ ~ r---- ~ /~Q~~~ (~ Olson Variance Request Neighbors 2960 Saulsbury Victor and Ann Tarantino 7105 W. 30th Ave. Donald and Janis Morton 3005 Reed O. David Wright 7005 W. 30th Ave. Lois Schafer 3010 Saulsbury Jerry and Karen Cassel Olson Variance Request Use Reaulation Variations 32nd and Pierce--SW corner garage within 10 feet of Pierce Street 29th Avenue and Reed structure within six feet of 29th Avenue 32nd and Teller--SW corner property line fence part of storage structure 1/2 block south of 29th and Teller Barn within 15 feet of Teller Street .; F NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held .before the Wheat Ridge Board of Adjustment on, May 26, 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-94-3: An application by Susan Holm for a Temporary Use Permit to exceed the number of household pets allowed (i.e., kennel) in a Residential-One zone district. Said property is located at 2655 Newland Street and is legally described as follows: The North 1/2 of the South 1/3 of Lot 1, Block 8, Amended. plat of Henderson's Subdivision, County of Jefferson, State of Colorado Case No. wA-94-4: An application by Kimberlee Reed for approval of a 6' fence in the front yard for property located at 5170 Tabor Street-and is legally described as follows: All of the South 127 £eet of the North 228.2 feet of the West 91 feet .of Lot 16 and all of the South 127 feet of the North 228.2 feet of the East 15 feet. of Lot 15 of Standley Heights according to the recorded plat thereof, County of Jefferson, State of Colorado. 3. Case No. WA-94-5: An application by Diana and Terry Olson for approval of a 20' variance to the 30' required side yard setback adjacent to a public street in a Residential-Two .zone „_,,_ .,, .,.,.,.district. Said property is located at 2990 Saulsbury Street and is legally.,described as follows:, - ~ ~- A parcel of land in the SE quarter of Section 26, Township 3 South, Range 69 West of the 6th_Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: Beginning a point 227.5 feet west and 25.0 feet south of the 'NE corner of Lot 3, Block 2, Barth's Subdivision, as filed in the records of Jefferson County, Colorado; thence South 89.0 feet; thence East 101.5 feet; thence North 89.0 feet; thence_West 101.._5 feet to the Point of Beginning. City of Wheat Ridge, County of Jefferson, State of Colorado. - .~, 4. Case No. WA-94-6: An application by Carl B. Larsen for approval of a variance to lot width and area for a duplex in a Residential-Three zone district. Said property is located. at '5485 W. 32nd Avenue and is legally described as follows: The East 60' of Lots.21, 22, 23, and 24, together with that portion of the West 1/2 of the vacated alley adjoining said lots on the East, Block 1, Columbia Heights, County of Jefferson, State of Colorado. 5. Case No TUP-94-2; An application by John D. Colip for approval of a Temporary Use Permit to allow a drive-thru espresso business. Property is located at-4311 Wadsworth Boulevard and is legally described as follows: Commencing at the Northeast corner of said Southwest one-quarter;_thence Westerly along the North line of said Southwest one-quarter a distance of 40.00 feet; thence Southerly and parallel to the East line .of said Southwest one-quarter a distance of 330.60 feet to the true point of beginning; thence continuing along aforesaid course a distance of 310.22 feet to a point of 20 feet North of the South line of the Northeast one-quarter of the. Northeast one-quarter of said Southwest one-quarter; thence on an angle to the right of 89°53'03" and parallel to the South line of the _- Northeast one-quarter of the Northeast one-quarter of the Southwest one-quarter a distance of 319.70 feet; thence on an angle to the right of 90007.'57" a distance of 310.46; thence on an angle to the right of 89054'36" a distance of 319.70 feet to the point of beginning. Containing 2.057 acres more or .less. ~C~L4 ~ `~15~~~~ Mary hapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: May 10, 1994 Wheat Ridge Sentinel. P, O. DO%6J8 TELEPHONE: 70L237.69u The Gty of 7500 WEST 29TH AVENUE • wrIEAT IiIDCE. COL0f1A00 80037 Wheat Ridge POSTING CERTIFICATION CASE N0. ~~~~ PLANNING COMMISS,I^ON - CITY COUNCIL - 90ARD OF ADJUSTMENT (Circle One) HEARING DATE: M~~t Z(n i~C(~- I, n a m e residing at - ~ ~/ ( ~ a d nr e s s) as the applicant for Case No. ~~~ /-~~4--~~ , hereby certify that I have posted the Notice of Public Hearing at ( l o c a t i o n• ) on this ~ day of ~~ , 19~~, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. M A P P.O. BOX 638 TELEPHONE: 303/237-6944 The Cify of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge May 11, 1994 This is to inform you that Case No. WA-94-5 which is a request fnr approval of a 20' variance to the required 30' side yard setback to allow the construction of a garage for property located at 2990 Saulsbury Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on May 26, 1994 Ali 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" e6~ _ ~, CJ '~~ 'i. a ~ i,~ N , - 711 :~ ~ ~ ;y` ~ F _ ti . ~ ,~, , o ~ /~~ ~~ ,~ \~~~ ~ e~ -. C7 ~ F.- a' r!' .~ , a FC ~ O w W C C~? ~j - - ' = n ~ ~ ~ 'SS3tlO0tl tdHfll3k1 j0 1H`JR7 3Hl >? L 013dO13AN3 d0 d01 ltl 83NOLLS 30tl1d i1Ntl180dW1 Z ~ F ~~~ ` ~ 1 „+. d o L ~ ~ } e s V ~ tL e ~ H 1{ f R w" fj ti N Q W , ~o +~ N ~ N b0 A-i ~' ro ~ ff ~ ~ ~ f w ' a ~ i ~ o o°'~ ~ Cd o m ~~ z U ti . ~ `~, f a,. ~ .~ w f, t_,~ ; E co`i+L i a ~}; ~ P Q ` , o 0 1. U ui m C7 ``a mW ~a3 J O W LL - W ~, U F a Y" ~ W w °w o O W G& °~ a+ ~ .~ ~ w a tl ~ gF Mc a~ w LL ~~ M °' °m a ~C Q ~ W U¢ ¢4 SY V . y V _N o w O ~ =F Z ~~ ~ ~ ~ ~ ,, „ o~ S s ~ ~, m o ~ ~ ~ Z F U ~ ~ O. 6 2 ,1J 6G8 L99 E'C6 d _..1 _..~ .- __ _., _ _- . _ ~ a~wc c~' cmm' P 913 667 874 ~ ~ -~ 1 " ~ ~ , ~ apQ ~~~ _-~ I I ~ cts ~.g3 ~, 9,es ~, ~,~a - z ~$ $y ~o,~ a ~~z g Q ~ _ m p cmi -mi ~ - o ~ m ~'7 rt ~ f~a, ~o P 913 667 875 -~ ~ ~~ "~"'°"'m ~' ~ ~a"~D~a~~o ~ ~ ~ ~m __ ~ m v y m m _ _ W _ _ ... 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PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. ~ ~~ v ~ s s ~ ~Q N ' m ~ (A '^ N O N ry ~. n ac m N ITI y d K -I a w T N 0 m v -1 ~ ~ ~ ~ w -~ a 'm= ~m~ ,E~. p=~ =H~ ~R3 ~~+~ T°-~ °p ZL ~a~ €d~ f~a' NwN oQ a°~ a ~°~ ~ m $ gyym. ~ ~ m~d.m s. tom ~ N m' ? 2v~ m om~ o -. £ ~ 3 ~~~ "o a,F ~~w ~ ~3W ~m~ a o a ~ ~' 3 m = d 0 O N ~ f _ C ^Dlp y ~ a z o o a <F o ~ y w (J N ~ _~ ~ N .-. ~ a m ~ vii ~ n -a v~°, Q m ° ~ `m n ~~~~~ m m y m m - - . .~-~, _.. _- - -~ I ~ ~ ~ ~ ~...o.... ~ D m-i~y5 v~~~ P 9Z3 667 878 3 d ~ ~ ~~~ ~~~, W ~ ~ ~ a a ~~« -- a3E l ' l ~ .a ~ I N rj ~($ m A ii ~~~ ~w~ n j ~ 3 a 3 .6 ~ ~ 3 ~ ~ (A Z 9m m T 9 ~ µ a l~~ K ~ _ O ~ A ~i ~LQ ro Q ~ < fll y Z I N V ~ jp ~° p C £N] ~ SO ~ ~ 1 ~ i'~ Ys. N }'~ w i-~ j R=° ~ g$- ~ ~ {{ ~ ~ o ~ a A O 'j ~ ~ "o ° oof 8 I 3 ; ~ ~ 'n' mF n ~ '~..? Ham - m _ m A. 1~-a 4t "` c m ~~ ~ I CA ~4 ~ ~ a G$ ~ ~ ?~ m c ! 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CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: May 19, 1994 Date of Meeting: May 26, 1994 Case Manager: Greg Moberg Case No. & Name: WA-94-5/OLSON Action Requested: Approval of a 20' variance to the required 30' side yard setback Location of Request: 2990 Saulsbury Street Name & Address of Applicant(s): Terry and Diana Olson 2990 Saulsbury Street Wheat Ridge, CO Name & Address of Owner(s): Same ----------------------------------------------------------- Approximate Area: 9,033.5 square feet Present Zoning: Residential-Two Present Land Use: Single-family residence Surrounding Zoning: N, S, E, ~: Residential-Two Surrounding Land Use: N, ~, E, W: Single-family residences ------------------------------------------------ Date Published: May 10, 1994 Date to be Posted: May 12, 1994 Date Legal Notices Sent: May 12, 1994 ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Other ----------------------------------------------------------------- JURISDICTION• The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this case. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-5 I. REQUEST Page 2 The applicant is requesting approval of a 20 foot variance to the required 30 foot side yard setback to allow the construction of a detached garage. II. SITE The property is approximately 9,033.5 square feet in area and contains a 1,400 square foot single family dwelling. An attached garage is located within the structure. The applicant would like to add a 20' by 24' detached garage. The garage is to be located on the northeast corner of the property facing W. 35th Avenue. The resulting setback would be 10 feet, thus requiring a variance of 20 feet. The applicant contends that the garage would be setback 21 feet from the edge of asphalt of ,W. 35th Avenue. I22. FINDINGS OF FACT No variance shall be granted unless the Board of Adjustment finds, based on evidence that: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located. The property is and has been used as a single-family residence for many years. 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. 3. 4. Is the plight of the owner due to unique circumstances. There are no unique circumstances as many properties within the City have no curb, gutter or sidewalk and are located on corner lots in addition the residence already contains a single car attached garage, therefore this request is a matter of convenience; and If the variation were granted, would it alter the essential character of the locality. The granting of this variance would alter the essential character of the local neighborhood as there are no other setback encroachments within the 30' requirement within the immediate area; and Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-5 Page 3 There are no particular physical surroundings, shape or topographical condition that result in a particular hardship upon the owner if the strict letter of the regulations were carried out as the applicant can place a detached garage 20' feet further south, thus meeting all setback requirements; 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 no hardships or unique circumstances have been found, conditions upon which this petition for a variance is based are applicable to other property 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 difficulty or hardship has been created; 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 could be detrimental or injurious to public welfare as any vehicle parked in front of the garage will encroach into W. 35th Avenue right-of- way; 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 endanger public safety as a vehicle parked in front of the garage will encroach into W. 35th Avenue right-of-way. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-5 Page 4 IV. CONCLUSIONS AND RECOMMENDATIONS Based on the preceding "Findings of Fact', staff has reached the following conclusions: ' 1. Because, 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. 2. There are no unique circumstances as many properties within the City have no curb, gutter or sidewalk and are located on corner lots, therefore this request is a matter of convenience. 3. The granting of this variance would alter the essential character of the local neighborhood as there are no other setback encroachments within the 30' requirement within the immediate area. 4. There are no particular physical surroundings, shape or topographical condition that result in a particular hardship upon the owner.if the strict letter of the regulations were carried out. 5. Conditions upon which this petition for a variance is based are applicable to other property within the same zoning classification. The granting of this variance could endanger public safety as a vehicle parked in front of the-garage will encroach into W. 35th Avenue right-of-way. Based on the conclusions derived from the preceding, staff would recommend that Case No. wA-94-5 be DENIED. /\YL. *M N ! .-0O _~' .~er.O O O ~ ~ O OMi W CO d°- N O 07 W ~ V N ~ ~ ~., ~~ ~ ~ Q O O O cD O O ~~ p cT~ ~~ d' O M ~~ ~ ~M Z*6~ ~ N n N ^ N I\ - -- M - * ~ 0 ~ 'C' M w 31ST PL I- ° O N c 0 ` ~ .L ^ ~ ~ ~ ~ ~~ M 3 _ ~ a ~ " - m ° ' ~, a M ~ p ,f, ; ~ o t7 ~ r7 O O O Q O M ~ - O N C o M o In 0 ~ O ~ O M ~ O +.- N ~ M O ~ M O - M 00 tCi ~ M O d- M O ~ M 7 p x L- M ~n rp o* ~l p n 1-1-- ~ ~ O O p M * o M o r'7 O p N ~ o M ~ o M "' ' ~ w 30TH AVE O ~ ~ P~ M R,°~, ~ 1 s o ~ ° ~_ ~ O) co M ~ t O M N 1~ r r n {- N I e ~ O M O O O O M W 30TH t\V ~ o ° r°n `- N ~~ I M ~ o 0 ~ 0 n r n n ifl M M LL7 p~ c0 M O ~ r ~ r ~ rn 'n ~ ~ r° 3015 ~ N m ~ O N N N ~ ~ 3011 ~ N ~ O N N I1: (~ O N N N C O N: ' N w 2~TH PL O O O O O M to ~ p~ * N N tf: 01 cfl M O O ,~ O N O •- _-- 1~ ~ n O n N O O: N N 6) N ~~ O N * M N ~/ N m cp in r ~ J J O rn * N o .- ~ * O o O '~ O' O ° °' c0 ~ ~ ~ ~ O a ~ N n ^ ~ ^ h ^ ~ 2~TH ftV~ W . . o ° ° c o p ~ N ~ ~ ~ ~ _ N ~ N ~ ~ N ~ a ~-i N N c O ~ ~ ~ °_ ~ a, ~ c W N ~ O 28TH ,4VE a ~ N ~ o V o N ~ Q ~ N ~ _ ~ IX N I ~ h * ~ (~ - ~ ~ C` ~ ~ ~ ~ N M O ~ ~ O ~ N p ~ c r ! .n M N ' O ~1 N M ~ N d' `~ O O r ~~ I ~ O , V ~ n r r N ) .L- N _ .- m p o . . ,. ,., _ O p ~ V` ~5. a -~v ~ s i~ to 0 C G ,~ l~ ~ I ~" ~yo ~~~ ~(~-94-5 _~2 «rce, i)`lc~~- { ~t~1(E '3~0 ~~3z~~~ g~..~ ~ Est .h ~ ~`r ~, k ,j.. . ~- ~C7~~ ~eec;~ t~Ih ~ , ~ ~£~G~ ) e l le-~.- N~or1~~i ~~~ ~efl~r ~ a ~ z ,,~ .. r n' ~`~1~~reiler ~~ /deed WHEAT RIDGE BOARD OF ADJUSTMENT ' MINUTES OF MEETING: June 28, 1994 Page 7 3. Livestock must be kept a minimum of four feet from the fence .' 4. This four foot space must be kept clear of weeds and trash. Motion was seconded by Board Member ECHELMEYER. Board Member ROSSILLON stated he would be voting against this motion even though it is somewhat of a unique circumstance but feels there is no necessity for a six foot fence. The Board will open themselves up for other applicants to try and justify the six foot fence. Chairman JUNKER said she also would be voting against this because six foot fences are not allowed. Board Member ECHELMEYER will be voting for this because Kipling Street is almost totally commercial, and there will be no precedent set relative to R-2 and R-1 districts. He is afraid of an accident on Kipling Street with the horses. The request would be a different story if the property were R-1 or R-2. Motion denied by a vote of 2-4, with Board Members HOVLAND, HOWARD, JUNKER, and ROSSILLON voting no. Resolution attached. C. Case No. WA-94-5: An application by Diana and Terry Olson for approval of a 20' variance to t-he 30' required side yard setback adjacent to a public street: in a Residential-Two zone district. Said property is located at 2990 Saulsbury Street. Greg Moberg presented the staff report. 'All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ROSSILLON asked if the plan is to be just 10 feet from the property line, and Mr. Moberg answered the site plan shows a 10 foot setback from the north property line and 11 feet back from edge of asphalt. There are no curbs, gutters or .walkout, nor are there any plans to be. Board Member ABBOTT said his problem is the side yard setback, and asked when staff says there. is an alternative location are they talking about pushing the garage further toward the house. Mr. Moberg replied pushing the garage back further into the rear yard is an alternative, they however will lose most of their, backyard. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 28, 1994 Page 8 Board Member ABBOTT questioned the staff report stating the vehicle parked in front of the garage will encroach into the W. 35th Avenue right-of-way, is that because there is only 10 feet of driveway, and Mr. Moberg said yes, because there is no sidewalk the car would hang out into the right-of-way. Board Member HOVLAND said if this were a side yard on an interior lot. what would the setback be, and Mr, Moberg answered 5 feet. Board Member HOVLAND asked_if a concrete slab with a patio roof would also have to comply, and Mr. Moberg answered yes, carports and garages by our code are considered the same. No further questions were asked of staff. The applicant, Terry Olson, 2990 Saulsbury Street, was sworn in. Mr. Olson agrees the site could continue to be used as a single-family residence, however it was built in 1954 and times have changed somewhat since then. There is a single car garage, and in the 50's most families had one car with one breadwinner in the family. In this day and age most families have two breadwinners that require two cars just to get to work and back. People use garages to store various things besides their cars, and if you look around this neighborhood the garages built are not large enough to do that. Majority of the backyards in this neighborhood have some sort of storage shed. Mr. Olson said they are also very concerned about the protection of their vehicles, knowing how much they cost nowadays. Over the years, they have had one car stolen and have had their vehicles broken into on six different occasions and things stolen out of them: One occ'asion'the're was random vandalism on vehicles on 29th Avenue just west of their residence. They have a corner lot so it is a -unique circumstance and if you subtract both side yard and rear yard setbacks, less than 60$ of this lot is usable for a structure. If the house faced the other way they would have room to add on to the existing garage or have another garage and still maintain the setbacks. Mr. Olson continued saying this request will not alter the essential character of the neighborhood because there are places within a couple of blocks where there are stuctures that are in violation of the side and front setbacks. Entered into record were photos showing setback encroachments on surrounding properties, labeled Exhibit 'A'. Mr. Olson discussed the various properties and the setbacks. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 28, 1994 Page 9 Mr. Olson said they plan on matching the roof line and close as possible to matching the color and design of the brick. There 'are no physical conditions that result in a hardship but if one of the vehicles were stolen, vandalized or hit by another vehicle this most certainly be considered a hardship. There are two residences on the north side of the street and neither one-faces south to where our garage will be, so it will not block anyone'•s view. They did not plan on their vehicle sticking out in the right-of-way because they do not plan on parking vehicles in the driveway. They plan on keeping their vehicles in the garage to keep them from the elements. After reading the staff report, Mr. Olson said they re- figured and changed dimensions and tried.to come up with an alternate plan. They figured out-they can change the size of the garage and move it back 15 feet. It would also place that garage in alignment with neighboring structures. Board Member ROSSILLON asked would. it be in the realm of the possibility to move it back 18 feet thus satisfying the code, and Mr. Olson commented the distance now is only 7 feet from the patio. They measured their vehicles and the longest one is 12 feet, so the 15 feet length will do fine. Plus they still have the driveway to the original attached garage to park vehicles on. Board Member ABBOTT reminded the applicant from the Board's perspective in looking at this request long-term, that this variance is forever and the neighbors will have to deal with any new owners that do park their cars there. Staff is making a convincing argument that you do have an alternative location. Moving the garage back brings it more close to -_ the house but there is a trade=off`in which. you will be gaining a two-car garage that you do not have now. The advantage would out .weigh the losses, and he feels the applicant could work out a new landscape plan in the backyard. There is no true hardship and it could be worked out to have a nice garage in a good location on your property. Mr. Olson said it is difficult to picture just by looking at the drawing but moving the garage back will limit the backyard, plus it isolates the two sections from each other and they would like some continuity. Board Member ABBOTT stated the 18 feet comes from the regulations regarding the size of s standard parking place. Mr. Olson said they were thinking of changing the size of the garage to 20' x.24' and moving it back 5 feet, thus being a 12 foot setback and being 18 feet .from property line. He would have to change the direction from roof line. Discussion followed regarding elevations and roof lines. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 28, 1994 Page 10 Board Member ECHELMEYER asked the applicant if he had converted his single car garage into a shop, and Mi. Olson replied yes, a shop and storage so there would be no parking a car in there. Mr. Olson said he also has a company car, so his own vehicle will be in the garage. It was noted the applicant has no children at home. Board Member ECHELMEYER said the setbacks in the applicant's area seem pretty much in conformity and comparing it with some of the ,older areas in Wheat Ridge, people without that reasonable setback are constantly blocking the sidewalk with 2-3 cars. He is having trouble with this request because Mr. Olson does have the room to go back further in his yard. This code seems to be in force and working very well in the better parts of Wheat Ridge; of which Idr. Olson is part of. Mr. Olson said there still exists many structures, mostly sheds, that are encroaching. Mr. Moberg said sheds are usually interior and require setbacks, however most are generally built without our knowledge. The only way is when we receive complaints. No further questions were asked of Mr. Olson. Motion was made by Board Member ABBOTT, that Case No. WA-94- 5, an application by Terry and Diane Olson, be APPROVED for the following reasons: 1. The location of the existing house on the lot makes it considerably difficult in the placement of a two car garage while maintaining functional use of the backyard. 2. An 18' driveway will be created which equals a standard parking space. ., . WITH THE FOLLOWING CONDITION: 1. A maximum of a 12' variance is approved allowing for an 18' setback from the property line to the wall of the structure. Motion was seconded by Board Member ROSSILLON. Motion carried 5-1, with Board Member ECHELMEYER voting no. Resolution attached. D. Case No. WA-94-6: An application by Carl B. Larsen for approval of a variance to lot width and area for a duplex in a Residential-Three zone district. Said property is located at 5485 W. 32nd Avenue. Greg Moberg presented the staff report. All pertinent documents were entered into record, .which Chairman JUNKER accepted. PUBLIC HEARING SPEAKERS' LIST CASE NO• WA-94-5 DATE: June 23, 1994 REQUEST: An application by Terry and Diana Olson for approval of a 20' variance to the 30' required side yard setback adjacent to a public street in a Residential- Two zone district. Said property is located at 2990 Saulsbury Street. ~ i Position On Request; i SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) ~ (Please Check) 1 ; IN FAVOR ; OPPOSED ; { I I 1 1 1 I I I I I I I I I 1 1 I I 1 ~ i I I ~ I I ~ i I I I I I ' 1 i ' 1 I 1 I ' I I ' I I ' I I 1 I I I I I 1 I I I I 1 ' I ~ I 1 1 I I 1 I I I 1 I I I j 1 I I I 1 1 I 1 1 I I I I I I 1 I I 1 1 I 1 i I I I 1 I I I I 1 1 1 1 1 1 1 I I I 1 1 1 I I I I 1 1 1 1 1 I 1 i I I 1 I I I 1 I I I I I 1 _ I __ I 1 1 i 1 I I I I 1 I I I 1 I I I i i 1 I 1 I I I .I I 1 I I 1 1 I i 1 I 1 I I I I I I 1 CERTIFICATE OF RESOLUTION ~ I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of-Wheat Ridge, County of Jefferson; State of Colorado, on the ~ day of June 1994. CASE NO: WA-94-5 APPLICANT'S NAME: Terry & Diane Olson LOCATION: 2990 Saulsbury Street Upon motion by Board Member ABBOTT seconded by Board Member ROSSIL_r~, the .following Resolution was stated. WHEREAS, the applicant was denied, permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-94-5 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-94-5 be and hereby is APPROVED. TYPE OF VARIANCE: 20' to the 30' required side yard setback in a Residential-Two zone district. PURPOSE: To construct a detached two car garage FOR THE FOLLOWING REASONS: 1. The location of the existing house on the lot makes it considerably difficult in the placement of a two car garage while maintaining functional use. of the backyard. 2. An 18' driveway will be created which equals a standard parking space. WITH THE FOLLOWING CONDITION: 1. A maximum of a 12' variance is approved allowing for an 18' setback from the property line to the wall of the structure. VOTE: YES: Abbott, Hovland, Howard, Junker and Rossillon NO: Echelmeyer -- DISPOSITION: Variance granted by a vote of 5-1. DA ED this rd of June, 1994 SUSAN JUNKERr Chairman Mary o ~hapla, Sec etary Board of Adjustment Board of djustment