The URL can be used to link to this page

Home My WebLink AboutWA-94-6 The City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development b /n75 0 j st 29th Ave., Wheat Ridge, CO 80033 I/ Phone (303) 237-6944 Applicant ~ ~ G°L~?'`- Address /~ ~ ~J 1.v ,f~ Phone ~.t' ~`{ -/u7~ i Owner ' i _~~ ~/.-~L~iP~"` Address ~%~~~CPJ,y~~ ~~...p Phone o2~~ ~ - ~~~ Location 6f request Type of action requested (check one or which pertain to o - more of the actions listed below y ur request.) Change of zone or-zone conditions Variance/Waiver 8 Site development plan approval Special us i Nonconforming use change e perm t Conditional use permit Flood plain special exception Temporary use/building permit Interpretation of code Zone line modification Minor subdivision Subdivision Public Improvement Exception Preliminary Street vacation Final Miscellaneous plat ^ ** See attached procedural guide Solid waste landfill/ mineral extracti for specific requirements. on permit ^ Other ~,~ Detailed DeS~r~lption of r~~~R/ttidw.~~{' o-~'t s~-e C7~ ~/ ~ , ~ , a; , r .~~, U List all persons and companies who hold property as o an interest in the described real , ner, mortgagee, lesse e, optionee, etc. w 1 (( ~r r ~ NAM,E~' ~ /~ F/ ~ !//~j., ~Ao~ 6 /_ / J '°~ PHONE ,/ j~~ 1f' ~ ~ -, /~ I certify that the information and exhibits herewith submitted are true and correct to the be t f s o my knowledge and am acting with the knowledge and con t that in filing this application, i sen of those persons listed above, - without whose consent the requested action cannot lawfully be accom li h Applicants other than owners must submit which approved of thi p s ed. power-of-attorney from the ow er s a on on is beh aLfr. n e Signature of Applicant ,~~2iy/ Subscribed and savor t to thi Z.~p day of ~ lg Qy~ --r~- ~ii~ to SEAL '-`~ ublic My commission expires ~-~0 -7.J .+a ~c a~c~:civcu ReCelpt_NO .- Case NO. . _ ~~__ ~. .. a... awre,,ar a~~~, DEEn OF TRUST T'usLmetwlvu,autdatW 71 n: dayot May CARL R. tARStR ANU NAI,1'I. RUTFI IJIRSF.N, Oanbnnd an.i W1fc •tu,,,D t 745 975 COLOiADO A. D. 197 7 ,between whaae addreae V S4gi Wcat 32nd Avonuc Coeuty of Jef ferscu ,Stab o[Cotorad0. hereindtar [shoed M r ttta [testa[, sad the Publk TYrtee of ~K Jelteraon ,Sbbof t;obrado, fwnleafter referred b u tM trustee, Witnweth: Nantal, tM tractor hr reeutai hb arWa prombaory note. hearing even dab herew(th, payabb letfNaaviaref HANNDND 1fORTGA(:E CnRPORATION whwlK~addtrsla 3000 Torn Center, Sul[e 2200 Southfield, Michigan 68075 . herelaaltar retesnd b rthehmtlleiarr. fortha prhrlpal stwot ` TRIRTT iIit TRDOSAIfD rIYE HURDRFD AND RO/100-----------"---------'---------- Dolan (f 35.500.00---~. wifh lnterett d the tab ot-------EICHT--------- pr antum (8.00096) Iw a99eta tatll MW. pltrahM in ooatldy inaWtrnenb of --°- ---------------------------- T1D RIfi1DRED SDrtT ARD 37,/) JO--------------_ Down (= 260.57------~, tanmeneint on rho 1YtR da- at JULY , if 77 , and owtlonint on tM first day of each month theratfter untll Ya wY rM Y fr41+~. naetpt tLat, it not sooner paid, tl» final payment of principal and Jnteeeat ahaH M dw sad tara8le w Ute fleet der et NAY .2007. Said prindpal anm, totetber w~ lnlseat thaeesa, sad other paymwb peorided. b be made ender the farms of thL iodendln, w hlniea[tat retsred r r the bdebtedoor; A>191/aftNSt, tIr [tenter is daatnw net onlf 01 axnrlnt the D-omM Parm•nt of tM indebttdmr, Ilat aM K etfaetlelr aaeerfot and iedamni$int tM heneEelary for or on aaount of any ar(tnment. s9towa9; fewraeee ae taaraabo of t1r iadebtedow; -- -- 7f0t/,'T91r1aa9. the trwtor, h1 eotuldeeation of the yraofaes, and for the pefyar atorataid, hr ptaaiad. hrflalead. aetd, and emygad, and dos herebr [rant barga[o, aeli, and oonvq onto tlu trostM, Y loaf tonne. all tM failawlat deaerlbed propertT aitaab in tM Owners[ Jsffersoa ,sad34bafCobruf0.bwit: The tot 60 feet o[ Lou 21, 22, 23, and 24, Lepthet with that portion of the West one- halE of tIw weeetad alley ad~oining asld lots on the Ert, Hoek 1, Wluebia Heights, tb,uttr of Jeffereos, Stele of Colocado, The Tlet of erhleh is recorded in Plat took 1 et Pate K; ~y together rith the iaproreeents thereon known as and nuebered: 5685 Wea[ 32nd ue iffiS IS ROT ACRICOLTUIIAL REAL FSTATfi TFI~ 9a0RTGRC0.4S COYEN.'UiT P,PI;? f,"":E Ii;~,T ,C; tL'° : ~~ T: ; CEC OF T8:lST AND THE SAID NOFE S'cG!! FD '?:a;k~Y A'i r':'"•'~i.~ !:i.:':rR li?= CRGt1:IJ~i3 CF TITLE IR OF THc SfRi'w'I~`.~.:•i ... ,:'&".:~':i .'"; I"'•'. iS .'.L~~'.'~i:D, TIIcY TV11L NOT E7ECUT€ ~~ FILE F"' '- :! :,': ; ._.:. '. ," :: i"'`ii ??3iQSES i, &~ STRI- CTION UPON THE S.1LE O'i :' ~' ::... ..... ~~'.`~.: `:D i i ~:FCia'f O": TILE SA• S!S OF RACE, COl(1R. C.R G" . ..?i ., . .~::.: it!:i IJ:'iC:TI.:{:EdS. THE LTORTGt,GEE f!1,4Y, AT ITS C?.:L, . :' •'....?:'.::::... , :-'J Lt:.,~ :: IitE :;LST SEGli;{- ED HEREBY It~t:7EDi,",TELY Cut Lail F`;;T :EE. fgalhar with rte Yapnrsnnb and appnrteruaeea thereaub helootiat and ail thctnrea now or hereafter attn3ed fd ee red b eetmaetlaa with the preotiaes hereto deaeribrd; and in addition thereb the followint drorlbea hartDold aypilwon, whirb ore, and shall he deemed to he. ffstnrea and a part of the realty tl9i an a ttlttlw a[ tL realty fee tM iodchkdnma herein axntioeed: tango, nfrtgetetor, and wl!-[o-wall carpeting ere Rereby cnnaldered a part of eha eaenticy. t ! i j 'a'" i+- '. - - ~~~. t K'~ (~':. r c, i i ~ `- i 10. The Iim of ihls Instrument chaff remain in fuU force and effect dutlns any patpona~neat or ezbruion of the time of payrunL o[ the indebtcdner or aaY part thereof secured hereby, i 31. Ia ease of default. whereby the risht of foteelwun attars hereunder, the laxdkiary, ar the ` holllet of the indetitednm or artifice;- of ale, shall at once beoolae entitled W the poeseeaion, sae and t eajoymmt of the property doreoid, and W the rents, louts and proSb thereof, from the aacrroina of such r[sbt and dnrias the pendency of fomtauro proceedinsa and the period of redemption, if aqy there j be. Bneh peeserton, use, eojoymmk teats, {saute and profib shall at once be deIIrered to the beneficiaq ar Ttu holder of the iudebtednaa or certificate of sate oa requaL fht retool, the dellvery of such poaxa- i don may be mfcmd by flu party entitled thereto by any spproDriate cir11 suit or proceedinss, avd wch party shall be mt[tkd to a Receiver !or aid property, and of the teats, iatoa and profi4 thereof, alter say such defwlk inciudins the time covered by toreelosure D-oceedinp and The period of redemption, it C am there M. Such mttt,ement,llatt exLt u a matter of risht without reprd w the wiventr ar inaol- rency of the sraawr oe of the then owner of acid property and without xessrd to the valve of the property. 80th lieairer may M appointed by any salt of twmpMtnt jurLdietion upon ex parts application, Hotta ~I thereof betns hereby exprwj~ wahcd, and the appoiatmmt of ac:y wch Reaieer, oa any such application wttlt ar without notice, is hereby mnaented to. All renh. Wuta sad proffb, insane and rovea0e of said propertr shall M appl[ed by such Realver aeeoNinstobw and the ordsraandditxtioaaof khsowrt, >& *7 >LGrantarwairesnotlsottheesetetaeotatgoptionsrantedhexrSn,arintheaofesaenndhenby. ~~_:~ It the indebtedness secured hereby be Ruaranteed or insured under Title SS, United States Code, such 11t[a and Itesulatiau issued thereunder and fn effect on the date hereof shall sovern the rishb, duties and IiaMlitia of the parties hereto, ami any provisions of this or other Instruments executed in rnnnection with acid indebtednaq which are ineonaistent with said Titk or Rglrlationa are hereby amended to _. conform thereto. '•'".s~ The tormanb herein oo0fained shall bind, end the 6mefib and tdvantasa shalt i0nx to. tM letpso- ~ .a tin Mtn, eaeeuton, administrators, suconson aai asaisas of the parties hereto. R'hmever wed, tM .i stasaitr namber ahrr': Ineluda tM Dintal, i}re plural the stnsnlar, arld flu ass of oar sender shall be applleabN, to all senders, and tM term "bmefkiary' shall include oar payee of the Indeldedaeo hereby °t Y .:~- arenred ar alp tesasferee tMnof whether br opeaHon of 4w or otherwlae. r ~ . "~'n' ~•: Ill ~plrlvme rratssot, tM srantar has hertnnto set his head and sal m tM lnafabdon wr(ttn. dtr tad year !test ~~~- S(paa, aetkvl aIId ddirered b tM presence of CA81 @. ~t.ARSGY, liuaband -- I~NI ~~ ~ MARF.1. Rtil'N `CARER, Wt fc It~~j {~+ IRALj -.~.._. Iauy tiTATt O!' ODfARADO u: ~~ QIr JKFFERSOIf The teresoias Inatrrmmt was aekaowtedsed Mton me this 71= c dares Hey 1f 77rhy GRL E. LARSQI ANp !{ABEL RIITR (ARSFN, (h,ah~nd and Wtfe wrfNar ey ;uad sad olttcial ta4 1yr esnwlsaien tYPita l/z/76 Iaw.) '~ ~ .~ ~ ~ ~~ -- N"Wa Aatla ~ ~ .d O •~ ~ ~ ~ ~, o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g . ~ ~ Z; r 0 4 ,. ... , ~ :rte«~ >: M.~ . , ~ '~ fi. ~ 1 . ~. i l ~ + ' n:;~- ~. ..ti ~~,:`=` _ ,.. ~, `V , .: }~~~ ~" _ -~l :,. ;' _ „T 424-5007 IMPROVEMENT LOCATION CERTIFICATE Sau.1:~~.s~0' O 4 0 w O SCHHALJOHN ASSOCIAtES Land Surveyors 88t2 tr. 79th Avenue Arvada, Colorado 80005 (N1S)N61200 Ti1E FAST b0' OF LOTS 21. 22, 23 & 24• TOGETHER PITH THAT pCHTION OF THE HFST 1/2 OF THE YACATEI ALLEY gLlRS9I~HEICH'15~~OUKTY F~JEFFFASONK lr STATE OF COLORA00. 5485 w• 32ND AYE. (LiFSEN) 8 0' ~o.®• t`~ v 6'a~a^ga 0 s/.i. K a!~• rt .?7•!. 9 al ~ a dl ~ n *i h ~ t. Ix ri ~ ~ f ~~ ~~ h n ~ o G84. ,a " :`i -a" ^ I. Frank J.'ScNaaljoh^• a Registered land Surveyor in tfie State of Colorado. do hereby certify that thl =.mthe i provement' ocatioe being basedronaor¢v ions~rQ~ tMyots~r eYCO.r [Aa[ Iws peen ngeumented by others. and that is is not to 6r relied aeon for the establislsnent of fence, building. or other future imorove^.¢nt lines. I further excepty that tM Improvements on [he above described parcel on this dates 5-9-T7 cent as shown. uti/iiy wnnections, are entirely within the houndaries of the m rovements that theca are no encroacisnents upon the described premises by D adjolnirg Premises. except as indieated.o "sa idaparce le exceot ae rested ~aEG'sT""y aase~ient Crossing or burdening any Da ' \ K is h¢rebY c¢rtifkd the Iho aCOVe de- / {,,, ,9~,,~ fCnbed property .......-/~ /e-C7'.._...~_ ~ _ / REG15T NO 5 IeUtod Nilhin a Nnod hazard boundary. in CC~~~- !•. d ~ aeemdaneo trith Cho Current UePt. al ~ _ _. 9~£ OL't ,r i ~~~ P . ~> ' : s ; . j .~ l i ^. I` ,,: ;:. ; , ~d'... ` . .k..~,v. #~ , is t, ~ M 3385 3360 3469 ~ 3450 3 I ~ 3390 3347 N 3344 Z 3440 Q 3370 3345 ~ 3340 ~ ~ Q 3390 3 p 3350 3329 = M W 3380 U M ~ 3340 3327 3331 3370 3 38 3311 3320 3330 3329 3310 g 33i0 3310 3300 M M 5401 3300 F z Z W 1L 3290 0 ~ 0 ~ o ° ~ V `r 3295 u~ in ~ 3280 3281 ~ 3270 _ 326S 3264 3265 d' ~ G ~ ~ ~ 3255 324 3232 M ~ 3222 I~ I L IN In ~ n Ir7 ~ M In M M If 7 ~ M o r ~ n In N U7 ~ U7 ~ If7 ~ ~ ~ ~ 5750 39 M 17 3140 3145 3138 3125 ° 3101 3085 3077 3076 3057 3022 3025 3020 _ Q' _3 3002 M 196 m 0 u: 3176 3159 3150 3153 3120 3110 3101 3096 3076 3017 3058 3015 3050 3009 3020 3005 3002 300 i 3 3 ~ N ~ O ~ ~ Z 1 W 5 ~ 3 ~~ i W = 2946 2995 2958 v 2943 2942. vR-3 2941 2938 2932 2935 2934 2931 ~ 2930 t W 33RD AVM 3290 7190 ~,I - 326 323 x~n C AVM 2945 2941 2937 2933 F 2931 ~ 3196 3195 3176 3177 3160 3171 3128 3139 3120 1 7 3108 3101 3050 0 3048 3035 30 20 3025 pp '~ 3D1'fl 3 3021 3006 3019 3002 300] 2994 2995 2944 2941 2938 2939 2934 2935 2932 2929 3 J ..~ J ~ m ~~ ,~ N ~ M s~ m ~ N M 3252 3230 324° 323` 3214 3221 3212 3219 ~ 7 N ~' o '~ in u7 in 3196 3195 3190 _ 3177 3130 3139 7 3110 ~ 3 3044 3036 3077 3030 3033 020 027 3014 3009 3002 2942 F 2936 ~ 2934 W `~ 329 lU W N M ,~ n~ N M ° ~~ N M r~~ 13196 I 313D 3106 3058 3001 300L~ _ 2945 2946 2942 2941 2938 2933 F 2930 2929 z 2928 Cl ~ 3385 3360 1 3390 3347 N 3344 3370 3345 lll 3340 ~ 3350 3329 = 3340 3327 V M 3311 3320 3310 0 3310 3300 M ro 3469 ~ 3450 3 N ~ 3440 z ~ 3390 3 ~j 3380 3 ~ ~ ` 3331 3370 ~~ 3330 _ '1~2~ 3329 3310 5401 3300 W 33RD AVE .`I 3290 ~ ~ ~ N 3295 I ~~ ~ 3280 ~ ~rry3281 3270 __ 326 3264 3265 ~ ____ ~~~ ~ 3255 ~ °r : iµ _ _ "_ ,~,~--!~.[~" 324 3232 M N 3222_ ~ I ~ C7 I N C7 (+) ~ M O ~ r n If7 177 N 117 ~ ~ ~ If7 ~ N 111 N ~ (- N O t- Z W i 3 3 N ~ O ~ ~ 1 ~ i 3 5750 3195 ~ 3175 3140 3138 3145 3125 ° 3101 0 .. ro 3085 3077 3076 3057 3022 3025 3D2o R-3 3002 M 2946 N v N R-3 2938 2931 N 2930 3020 3002 ~~W' 2995 12951 M 3385 336D 3390 3347 N 3344 1 3370 3345 ~ 0340 ~ 3350 3329 4 M = ~ 3340 3327 V r7 11 3320 33 3310 0 3310 m 3300 ro 3469 ~ 3450 3 ~ 3440 V ~ Z 0 3390 3 3380 ~ 3331 3370 3 3330 3329 3310 5401 3300 Y~I 33RD AVM 329D 7190. rL/„ , O =..Y ~ N ~. s C'7 ,"--.e.. ~C'n7 3268 ~ xM N 3252 ~ ~ 323 3230 324 3224 323 3214 3221 h a 3212 3219 O a x N M ~ .-y (,) ~ 'd t(1 ~ ~ ~ ~ ~ !1 / ~ V7 3009 3005 300 t'cVE 2945 3196 3195 3176 3177 3160 3171 3128 3139 3120 3108 7 3101 3050 3048 0 30 3035 3025 p 301'fJ ~J 3021 3006 3 1 3002 3001 2994 12938 I 29391 X933 ~ 2934 2931 ~ 2932 3106 3058 13002 I 2994 2945 2946 2942 2942 2938 2941 2938 p R 2936 2933 ~- 2930 ~ ~ 2934 2929 ~ 2928 lU Z n ' f a " 1 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 2. 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 feet 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 ~,.di.~trict. 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 Jef-ferson, State of Colorado. r 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..- Mary rhapla, Sec etary ATTEST: Wanda Sang, City Clerk To be published: May 10, 1994 Wheat Ridge Sentinel TELEPHONE: 303/237-6944 The City Of P.O. BOX 638 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge May'll, 1494 This is to inform you that Case No. WA-94-6 which is a request for aPProval of variances to lot area and width to allow a duplex on Residential-Three zoned property for property located at 5485 W. 32nd 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 1`~y 26, 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 n "The Carnation City ' _ ____E P 9Z3 667 I 862 1~ c-°n i m p ~ ~ _ Z ~ m a -I m ~ z ~ ~ J ~ § .. ~ ~ ~ .~ " ~ `~ u 5 ° ~ R ~ ~ „ o { n P 913 667 863 cn m m~~ ~ ~ _ m a Z -I m -~i z ~ ~ ~ } II P 913 667 1 864 ~ y a a -r7 Z ~ ~" a ~ l -I m - i ~ ~ ~ G] ~ ~ ~ F+ • ~ ~ ~ HA a~j Y o ~ gi o° LL N y ~ ~ O $ o ~ c A m my ~f~jy QP{ m mo °a i v ; ~ ~~ ~ ~ ~ ~ z Oa f a° m i `g I w ~~I off.. ~ n £m o ~ ~ ~ ~ m ~. ~ ~ : m ~ O f ~ / l/ A A rn i O D a r o9 e T IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. N m N T (n (n o `~ ~ 3 d d, w C C N ~LJ ~ I I + ~ a 7 m ~ a 3 ~' Q ~ T O + _ ~ ~ ~ O ~ 'w aw w C `~ I N N ~ ~ I G ~.... _v rn rn ___ A i l T Cn Cn o ~ ' ~ ~ v m w C C I ~ fJ N _ I I G IY N '_ "ii ~' ...G~ f i i p O * - 1 ~J 1 W ~O r`._„ r. T m ~a Q G C„ O C ~, m D 2.a .~ T N y d Q y j N Q d a ~ eft G. W ~ ~ lµ ('~ N O ~~ wr cr ~ N ~ ~ ~g `~ tJ ; X54 £] w ~ k9 CS ~~ M r^h .~ ~~ a C®~ yy ~~ ~ ~~ a w~. .o ...m D m'=F a" 9~+~+~ 'n' ~ •"•mA~~S=aAa ~ 'ms ~mm o'~~?N -- ~ a ~ ~~~ y '~'A'3 ~u~ o. o~o' 'o.~a o ~a~ goo f~~ y`°a a ,.. w oao ' s `~ Q'$ m' o ~fim. ~ ~ d. ~' o _ (ng ~.o....y..~ .Sl AiS., EN ~a~ ~~w ,~g~ ~„ omo gai3 gm~ Fop m_ ~~~ a~° ~ a ~~~ ~ a: ~ ~ m. `~ - -~4. `" ~_~ ~ 2 ~,~s - ?~~_ a. _a ~...o... m ~b"ti 1j~ iS A'~~ bb ~~~. ~la'o °x'33 ~a3 w '~w- a Hm.o m o mad °i ao <B; $~~ ?'~~ ~6 oho o' @o@ ~_~ S S ~m'3. ~a,~' ~ z ~~~ m t°-' o ~F~ 3 ~~~ o ~g ~3~ w n~~ ~ s ~ ~ ~ ~ a N ~ D o <. ~ _ o 4 ~ m n N ~ F.- Z o ~ n ~~ ~ ^ ^ t~ w a Z t' 3 r n ~ O N d < ~ T . 6' m~ y m J fT7 ~ ~ ~ m ~ o N ~ y n D- ° m a m m -C m '~ N ,K.,. 5 N y y tD N ,_- P 913 667 865 N O W O] O 0 7l m n m -~-1 O n m t4 'ct f 80 SC txf ~ ~ K rt cy. ~~~ (fig ~ C7 ~ !J ... e+ m n m y ~ o ~ of N r+, s ~ m~ r ~ ~ c yo N o ~ m o~ v z ~n C~ a m ~~ ~~~~~,~ T m c y a D R 1 1= o s 1 °s m ~ IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO ~-- -- THE RIGHT OF RETURN ADDRESS. _~ ~ ,- __ W n~~~o •~~N (n ~. D r, ~ m'-~~~ =0~i ~__e. o o ~ _ - _- - . D , m W W ~ ~ ~ ~ a G ~ ~=o =_3 ~wro i ! y qy ~ m~3 ~ ~ ~ n ~ ° ~ aR ~ - N 3 ~ N m ?} d~ . I."I h>' Ctl ~ g. a _~~ rn .~_o m te m '~° g ~ ~ & °6- ' a ~ ~;~ ~ g: _ O C1 ~ 'm m. ,~ m •J p°~i m a °'o °- ~' ~ ~, ~ 1° 'o H ~~~ o N a£ m 3 ~ r~+ .ice' _ 3 i3 ~ o o~8 ~ p ~ c~ ~-~ 3 m ~ `- t ~$ T ~ ~° P "C S ~ _ . _ ti ~ ~ N -_ LO9 ~ a G _ s 3 3 ~ ~ 2 a ~ D m < m ~ ~~ o y N T o ~ ~ N ~ o ~- ~ m - o B ° ~ n ~ -°_ ~' ~O~~d ~ t . N i'I f m Q ll! ~ 3] D N o -. ~ 6 `G ~ ~ ~ N ~ n N. rn ~ O- N TI ~ . Cl N ~ ~ . c °+ N m Q' d a m ~'. o :U Q ~ ~ ~ O N-~ Z m t~ ' ~2' ~ 2 n ~ n ~ m m C7 Ln ~ ~ m a ~ N w 1 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date of Meeting: May 26, 1994 Date Prepared: May 17, 1994 Case Manager: Greg Moberg Case No. & Name: WA-94-6/LARSEN ~~~~'F~' Action Requested: Approval of var ances to lot width and lot area to allow two-family dwelling in a Residential-T zone district. Location of Request: 5485 West 32nd Avenue Name & Address o£ Applicant(s): Carl Larsen 5485 West 32nd Avenue Wheat Ridge, CO 80033 Name & Address of Owner(s): Same ------------------------------------------------------------------ Approximate Area: 6,800 square feet Present Zoning: Residential-Three Present Land Use: Two-family dwelling Surrounding Zoning: N, E, S, W:'Residential-Three Surrounding Land Use: ~ & E: Single-family, W & E: Library Date Published: May 10, 1994 Date to be Posted: May 12, 1994 Date Legal Notices Sent: May 12, 1994 Agency Checklist: ( ) Attached (XX) Not Required Related Correspondence: ( ) Attached (XX) None ----------------------------------------------------------------- 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-94-6 I. REQUEST The applicant is requesting approval of two variances, one to lot width and one to lot area. The property is zoned Residential- Three which allows a two-family dwelling if the lot has a minimum width of 75 feet and a minimum area of 9000 square feet. The lot currently has a width of 68 feet and an area of 6,800 square feet. To allow the existing duplex to remain a 7 foot variance (9~') to lot width and a 2,200 square foot variance (24~) to lot area must be approved. II. SITE The applicant purchased the property on May 31, 1977 as a single- family residence. On June 16, 1977 a building permit was applied for to convert the basement into an additional dwelling unit. The permit, which was not reviewed by the Zoning Department, was mistakenly approved by the Building Department. At the time the permit was applied for the lot was under the same development constraints (i.e. lot width and area) as are required today. The width and area standards have not changed. III. FINDINGS OF FACT 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by the regulations for the district in which it is located? The residence on the subject site was built as a single- family residence in 1924. The residence remained single- family until 1977 when it was converted into a two-family dwelling. It is therefore reasonable to assume that if the site is permitted to be used only under the conditions allowed by the regulations for the district in which is located (as was the case for 53 years), the property can again yield a reasonable return in use; and 2. Is.the plight of the owner due to unique circumstances? A unique circumstance might be considered because a permit was mistakenly approved allowing the residence to be remodeled from a single-family dwelling unit to a two-family dwelling. However, if the applicant rented the second unit for an average of $150 per month for 17 years the applicant would have made $30,600. The remodel cost the applicant $2544. It can therefore be assumed that the applicant has been duly compensated for any mistake that was made by the City. in addition because the permit was applied for on a miscellaneous permit Jefferson County has never been aware that the property had a rental unit on it, and has never assessed the property for more than a single-family residence. If this variance is approved Jefferson County would have to be notified and the owner could be liable for BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-6 any unpaid taxes from the date the residence was remodeled; and 3. If the variation were granted, would it alter the essential character of the locality? The granting of this variance probably would not alter the essential character of the local neighborhood as the • existing use has existed for 17 years and no complaints have been registered. However it should be pointed out that there are no other multiple-family dwellings 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? There are no particular physical surroundings, shape or topographical conditions of the property that would result in any 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? If it is felt that approval of the building permit would constitute a unique circumstance, conditions upon which the petition for a variation is based would be not applicable, generally, to the other property within the same zoning classification. However if it is found that approval of the permit does not constitute a unique circumstance therefore creating no hardship, conditions upon which the petition for a variation is based would be applicable, generally, to the 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 based exclusively upon the desire to make more money out of the property as a two- family dwelling can be sold for more than a single-family dwelling and the property is currently up for sale; 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? BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-6 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 will not impair the adequate supply of 13ght to the front yard of the property directly to the north of the subject site. IV. CONCLUSIONS AND RECOMMENDATIONS Generally, the criteria used to justify a variance do not support this request. However, if this Board concludes that the issuance of a permit by the City constitutes an unusual or unique circumstance, and that situation is an overriding fact, then this Board should approve this request. ~~A- ~~ ~ ~ Supporting Exhibits Variance Request 5485 West 32 Avenue 1 -Building Code Advisory Board Request dated 618177 Z -Approval of Building Code Advisory Board Variance 3 -Dual Billing for Sewer Fees 4 -Petition in Support of Requested Variance 5 -Map of Adjacent Properties Showing Neighbors who Support Request Carl Larsen 5485 West 32 Ave Wheat Ridge 232-1324 t .__ IMT~ METRO BROKERS - LAKEWOOD ' • 2009 Wadsworth Boulevard -Suite 100 ' • Lakewood, Colorado 80215 233-1000 REALTOR® ~~ l 5485 WEST 32ND AVENUE $129,950 SPACIOUS SINGLE FAMILY HOME OR DUPLEX !! SOLID BRICK CONSTRUCTION LOTS OF OFF STREET 1 RV PARKING AND DETACHED GARAGE LOCATED IN DESIRABLE RENTAL AREA WITH GOOD METRO ACCESS MAIN LEVEL AND UPSTAIRS = (1830 SQ FT) = 4 BR OR 3 BR WITH STUDY BASEMENT = (1000 SQ FT) = 2 BR WITH SEPARATE OUTSIDE ENTRANCE (OR CAN BE ADDITIONAL LIVING SPACE FOR SINGLE FAMILY HOME ) SELSTAD REALTY 2009 Wadsworth _ -- Suite. 100 0 Lakewood, CO 80215 ~~~~ ~~~~ womny roceu~. Busiriess (303) 233-1000 • FAX (303) 233-0423 • Residence (303) 238-5070 • Car/Pager (303) 550-0153 t ^4 CA5E N0. I~C_ '9.Q_ 77--`~ -- CITY DF WHEAT R1DGE i i BUILDING CODE ADVISORY BOARD Appeal far an Interpretation of the Building Cade ~ ~ '-`~ a ~~ -- • For construction located at ,f~B3 !.V 3.2 ~.-~~:j of a Types----- building to be used for .Z ~ ~ E-N Phone No. SIJ Name of owner C~ ft ~- ! A ~ - '' ~~L. "~:' Address of owner '~ ~r lircet o>~ ar permit end other date) ~~'~'' (attacfi plot plane, aPP In accordance with the proviaians of•Section 204 of the Uniform t,. I hereb a eel •',~x 8uilding Coda adopted 6y the City of Wheat Ridge, y Pp ,~ eels for an inter retation of Section / D •°I to the Board of App P which provides that ;. I'py . .',,1,.- ;: ~~~ ., :x ,'~~ . rr.; .~,~; in order that 1 might construct the above named structure as proposed and shown on the attachments. ~l ~ ~~ Owner'e S!gnatura 1~~~i ~J I 1 I I i 1~ ... ...... ..1' y 1~ f ~. ~ .., . ~,..,' r i'. ~ ~t } ~:. ~ I ...._ .._ Ys,r< .s i _.., ~' M ! ... ~~ I ~ ... ,. b~ %A ' >i ~ W. .~.... ~ 1 .... J~ 1 ~ l .;~1 .... ,,. . ~~ ~ ., _. I ~.... . l ~~ {j .. ~.... ~ ' ~~, u.. .. ... _._...~._ _. ."ii,". d..~ q;r. ~ { .,. ._ .. ,' ~1 R "Y: I~ 4 ii ': 1 1 41. :.. 1 1 ' 1 I t I _ .. .~._..~. ~~y WHEAT RIDGE SANITATION DISTRICT 4900 Marshall Sl. • P.O. Box 266 Wheat Ridge, CO 80034-0288 Phone: 424-7252 • Hours: 8:30 AM • 12:30 PM M-F DATE CHECK NO. So7~ aEf::11[;E. ~111`A~~Y.'~4~DATE ~ I~ 9~/l,:~.~•ra,: WHEAT RIDGE SANITATION DISTgICT 6=1f;IJf.111111 91 /IFwf;.',i [':L,;R111 1 f:C'i Total payment nr one half payment Is tlue antl payable on due date in January. aecone one halt assessed due dale In June. Commercial Accts. billed quarlelly. A late charge of 51.00 per month per lamlly unit Is added each month until pall. A 10°/ late charge on commercial accounts is atltletl until paid. CRS 321001 Ip Wl Until paid all Service Chargas shall constitute a perpetual Llen on the property Served. IF THIS ACCOUNT IS TUflNED OVER TO OUR ATTORNEY FOR COLLECTION, ALL COURT COSTS AND LEGAL FEES WILL BE ADDED TO THIS ACCOUNT, PLEASE KEEP THIS PART FOR YOUR RECORDS ~J _ ... ~ IDB00 WE$t'14TH ANEwUE OEPARTM~ENT OF COIMAUMITY pEyELOPMENT PERMIT wo. %?' ~ ~~.' % awLawG iwsvEenow Dnnsww ' 422-8028 GTY GF WHEAT RIDGE, COLO. ~ ' . TNi3 FEI~IIT M:A ONLY wNEN SIGNED 9r THE CWEF 6u.Or+6 wSVECTOR AND RECEI7fED ®ELON. AppLICATLON FOR tAISCEILAyt~~EOUS PERM T JON ADDRESS ` LICENSE NO ~~ s- y ~' .s' G/z s ~ ~-.2 r r i:~~ FraNE ~ "~ -,~ SD~- ~~/ ~ ~ ~~ , >ar woE CDNTRACT .NICE s~~~ .~ CRY~.JLJf A-~ ~ , > ~~ O Y ~ ~ e v c v 7f r S Cam, owne„a MESS NAVE Af JD/ S1TE L TYK BrwWO Rmf^ wm~ nai«NA~ Drnr s~.o FOq raa a~.r. Fw____------ z WTEI~L ENtl.-mar Na ' Bows n aauwulrnN ,s.C] N.O mn. ~, za,._A..«w.rl.wc.av • >tEr wac rlwu nrorElrtr~ "-rJ ~ O ^ D1iw0'°"" . f r.. Tew pox ow~O i.. nar pox or., t trrE ~~ rrlyn z wTENUr. aweruacFllp~rNOrFrtrLINE N.s-E_w ~ 7arr._AAF,orN,z«rNrMCw, I n ~ r i ~+ ~ u. r , ~ a ~.~ z Dlur alwTa oN aNOw ~nnw,TNE sENCE,ww4aN oTNEwaTNUCTUAE.w~ k~E1MLxf CN gGitEDT 1~ eNDeaeTr LrrErs fFECF'I NORTN 7~ - r~ t . .~ ~' f71ECY c IgUO!'Ti11CEt-110Y 1rE WNM.OMCTObIdM9Nt}pEf.fTNEET3.Y1DrNOFERTY l71E3:pi MbIEOIM.M tDT3.f110w LEAaT p167Awt1 TO M10KwT'F IMf.NOf wtwAr ON A4GAiE OsTANCE. AwPLlcoalow FDR FLUB+®IwG:>LEr'RI~.~-1"EG'M"~^L aEr~"rc tes +xueatlaN ~ Ai.Ae~ ~ ~ '~°'C"`E,A°Na"p"s` w~aa e~NOT sv ~J TNA~"i T~iwcerernw axrai ' R.UF~ PE!+'AT h~G1ANICAL ~EIINIIT f~;. eLECrmcAi. r E s~ ~~ Na_ sn-c uCENec w _ W . i . I, . X f i 1 I AwMn AMAAIAN~ NW NdA MNu' ~~T--------- NrA NI NrNST wV AMwAfwN /Mt 1 1~ TAX ~wrr srm iMA M~I~W ~~IY~ TOTAL FEE M1NN Y AMfM~• ww Nlw N/M 3NIN Md1AeN•wdN ~= tM tM~M w.r~N«» ~M MININN CAY N MMt Nh N wMA1 RIgA• A^Y ~~,~ aw+l«r N Mw NwAN rAIA .D~¢NM GIIEF EU101 ~~ t~I r ~~ d i CALrL.~~~4?2.8028 ~v ~~ I r .,,~,~ I i _~.__._ '~ . ~ ~. -, ,. ~ ~ ; ~ ~b~ Y _ Y y ~ y ~ ~ O^ p . F _ _~ fp ~. cY . y` q . -~~ - __ r. ~ Y. - ~ +~ f ...._._. _... -~- ~ `~.r ~~~;j( '~ _- ~ i .1'11 ~ ~ ) ~ ["~ ) t ~ i _ _ ~_'__ _ _s- , -- ' ~~ ~ __..w_ , `~' ... p~Q x '~ ~~1 a~ ~ r 31 - ~ 1t .d ' r . 1r ~yy~;~~,.'t s y' Y n i /~ 3 ~ J 0 u A "F_ ~ql ~n Q r 3 3 1 .~ ~ ~ 1 t k ~ w ~° '~ e ,; (. x. `~ i ~. f {j{ 1 ,. { V, .. f ~1 r. iF tf?e ~d ' . shall be tak, n from the outside. !n bathrooms, aster closet rnmpart- ments, laundn• roans, and simi'ar rooms a mechanical ventilation syf- tem amnartal directly to the o aside, capable of providing five air char.gcs pc•r hour, shall be prnvidccl. For the purpcxe of determining light end ventilation requirements, e.ty room may Its considered az a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not Icss than one-tenth of the Moor area of the interior room or 25 syuarc het, whichever is greater. Reyuind windows shall open directly onto a street or public alley or a yard or rnurt located on the same lot az the building. EXCF.PfION: Recryired s,indou•s may open into >, roofed torch wbcrr the porch: - 1. Abuts a street. yard. or cnut; and 2 ilu a ceiling height of not less than 7 fcrL and ~. Has the IongaY side at leaf 65 perttnt open and umdxtructed. (b) Sanitation. A room In which a water,closet is located shall be separated from Food preparation nr storage rooms by alight-fitting door. with F.vcry dwelling unit shall be provided with a kitchen equipped a kitchen sink and u ith bathroom facilities rnnsistinq of a water closet, lavatoro and either a bathtub or shower. Plumbing fiatures shall be provided with running water rseceswry fur their operation. For other requirements ou water ciosets, see SeMion l7l t. rams attd Cotxts Sec, 1406. Yards and courts having recryired window openings therein shall crnnply with the requirements for Croup tl Occupancix Room Dimensions Sec. UOT. (a) (:eilitrg Heishts. Habitable rc+orrts, stooge looms and Landry roans shall hwe a~cciling height of not kss tl.an T feet 6 Mches. Hallway s, rnrridor:, bathrooms and water closet rooms shall have a ceiling height of not Icss than 7 feet measured to the bwe7t projection from the ceiling. If am rrxrm in i building hazy sloping ceilin¢, the prescribed ceiling height for the room is rcrtuired in only one•half the area thereof. No portion of the ro<un measuring lees than 5 feet arum the fin(shrd floor to the finishnf ceiling shall be included in any computation of the minimpm area thereof. If am room has a firrrccl ceiling, the prescribed ceiling height is required in hso-thirds the area thereof, but in no CasC shall the height of the furred ceiling lee Icss than T feet. {bl floor Arca. F,vcry dwelling unit shall have ai leazt one room which shall have not less than ISO square feet of floor area ether habitable rcxnrts eccept kitchens shall have an area of nc,< less than TU scprarc trot. t9 __...~. F r,•$"' ~; ;.d ~. I __ ~.i .;r 4 ~~`~ G` - ~"b. ~Et ~ °~ '}~~ • Y..o {' .,r ,~:. ~'(~ ~>~ `- .. ~~` 1 ... ~ i "1-V/ ~_ ~ ~._. ~. , .. ! ~' ~ Y ti.'r~, c, .... f m ~ `a M l a U ~ ~ z ~ ~ S U m ~ O ~^s 0 Q ~ a~a = ~ Y W oga h y ~ ~ d H ~ g ~~, H ~ ~ " g (j ` S rX~~' LL y ~ ~^.l i~ w•} t ~ Y.+.: ~ ~a 1 I ~ y / ~ E . ~! ~ `~• ~: .:r . ~i A p/ ~ N ~ W 6 ~ 't ~ W J 6 5VVV' J Z J 0 Y. W f O V. LLGI L54£Yf9 aavwnrimaas ~.- ' • ._ _, . 'd •~. `., . «, :-x~~:~ r ,~a.. '. r 4 ' ~, YI ~ ~' ~ i ` A ~ 7 , , Q b : Y . O ~ f FS FEa3> ' ,~ .ra Q ~ 6 ~ FS s E~ ~~ ~ ~g a z°i y W J y ~ ~ ` Y ~ ``e ~I a .. , 1 r ~ ; ` n 3 PETITION FOR SUPPORT OF REQUESTED VARIANCE AT 5485 WEST 32 AVENUE We, the undersigned, have no objection to and support the request for a variance at 5485 West 32 Avenue by Carl Larsen. It is our understanding that the variance requested is regarding the lot width and square footage as it relates to a legal two family dwelling. Mr Larsen has lived at this address since 1977 and the property was modified, with a building permit, in 1977. Since that time, as adjacent or nearby property owners, we have had no problems pursuant to the usage as a two family dwelling. We therefore do not protest the granting of the variance to the property to allow it to be a city authorized two family dwelling. !~ I circulated this petition, spoke to the above nnfl. ~ ~C~U`Y'!LY'Jt~ c~:......a...-.. *?Y n nnn ~_ _ ~C~/i~ n,/,_v n~ _ date ~~ ~.3 y~- Signature Date Name ~! ~ -n ° ~ ~ ~~ u...... L-e~ Address 32,I ~, ~ G~ze~ S.~` PETITION FOR SUPPORT OF REQUESTED VARIANCE AT 5485 WEST 32 AVENUE We, the undersigned, have no objection to and support the request for a variance at 5485 West 32 Avenue by Carl Larsen. It is our understanding that the variance requested is regarding the lot width and square footage as it relates to a legal two family dwelling. Mr Larsen has lived at this address since 1977 and the property was modified, with a building permit, in 1977. Since that time, as adjacent or nearby property owners, we have had no problems pursuant to the usage as a two family dwelling. We therefore do not protest the granting of the variance to the property to allow it to be a city authorized two family dwelling. Signature Date Name Address Signature ~ Date Name Address Signature Date Name Address Signature Date Name Address Signature Date Name Address Signature Date Name Address Signature Date Name Address Signature Date Name Address Signature Date I, CARL, I'3 . ~ A RSFi~certity that I circulated this petition, spoke to the above signed indivi~ls and ~nn't/ ne~sed t~, ei/r signat/urea. /%J~~,. ~,~~(yf~ Cinnafi ern L9 ~ f/// %/f/' /~G~W~7~ Ihta ~~~~ti7/ `~ ` [~, /~~~ ~ ~ ti~ ~~ _ _~ .~ ~,~,,~,~ i ~, c 9y7 Name Address I~ 1 ~ ~ ~ ; ~ - ~ ~ ~L~ti~~,~r s ~ ~ ~~Ua~ I~l~4~LY1~~ ` ; 1 t i r 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 Mr. 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 Mr. 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. WfiEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 2B, 1994 Page 11 { Mr. Moberg entered into record at this time a hand out, which is part of the packet. When the applicant applied for ,that permit it was found that the basement was not high enough, so the applicant did apply to the Building Code Advisory Board (which varies the building code for the Uniform Building Code) for a variance to allow a habitable room with the ceiling at that height. Mr. Moberg said in this handout is the request to that board, the section the applicant was requesting, and the paper showing it was approved 3-0. It is possible the applicant thought that the variance for the duplex could be approved at this point. The UBC variance was approved in 1977. Board Member ABBOTT stated this approval will not change anything and Mr. Moberg agreed. it would not. The applicant remodeled the basement, but did not expand the dwelling whatsoever and that is not his intent at this point in time. However, if it is approved there is nothing to say that the new owner couldn't build on to the existing dwelling. They couldn't have a third unit, but they certainly could expand the existing structure. Board Member ABBOTT asked if that expansion would have to come back to this Board because it would then exceed the percentages that we would be granting here. Mr. Moberg answered no, because the lot size or width would not change and all they would be subject to. is building coverages and setbacks, unless a condition would be placed. That kind of condition is very difficult to track, but it is a possibility. Board Member ROSSILLON asked for the history and wanted to know why this coming up now. Mr. Moberg said it is coming • up•~now because when realtors calle4•'and asked•-for the use~of the property, staff had to tell them the use is only single-family and not a duplex. It is being advertised as a single-family and/or two-family. Board Member HOVLAND asked if the Building Code Advisory Board is still in existence, and Mr. Moberg replied yes. The UBC is very difficult to vary, and the Board meets on an average of once a year. Board Member ECHELMEYER questioned if an exception was made 17 years ago by a legal department of the City, how can anyone turn around now and say it isn't what it is. An exception has been made, the man has remodeled the property, people have been living there for 17 years, and something is wrong whey we turn around and say to the public this is a single family dwelling. Mr. Moberg replied this request was never legally approved. In a sense as far as zoning is concerned, even though a permit was approved for this,. it WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 28, 1994 Page 12 \' was approved illegally. This should not have been approved in 1977; they should have been going before the Board. In addition, the request should have been on a general permit instead of a miscellaneous. Mr. Moberg continued saying if any director in this City cadre to approve something, whether it is a mistake or whether it is on purpose, we cannot go by that Director's approval, we have to go by the letter of the law. In not doing so, it would allow for anyone.to make a mistake but allowing it to exist, and it doesn't legally exist until this Soard grants approval. Just because it 'has existed for 17 years does not make it legal. If the applicant deems it proper to take to district court, it would then be up to a court of law to decide whether that 17 years was enough to approve it, whether the approval by the building official was enough to approve it, and whether you are taking anything away from him by denying it. He has had this unit for 17 years., and you need to ask by denying this, are you taking anything away from him. The applicant can still sell it as a single-family and can still re-coop money out of it. If you feel that you are not taking anything away from him, that approval by the building official isn't unique or does that deem it approved, then you are telling the courts that he has been compensated and there is no reason why it should be a duplex. Board Member ECHELMEYER stated there are only three residential houses in the whole area with the exception of his. There is a parking lot next to him on the eastand on the north. It looks like he lost a piece of property to the north when they built the parking lot and put up the chain link fence at the Senior Resource Center. The applicant is pretty well hemmed in with 'public properties' at this time."'" The house across the street has got a six foot fence that runs for 1/3 the length of this street and then there is a 4 foot fence. Board Member ECHELMEYER asked if there had been any objections to this house in the past 17 years, and is there any objection now to it being advertised and sold, and again Mr. Moberg replied he has not received any complaints. Board Member ABBOTT commented that sometimes these things happen and you have to say two wrongs don't make it right; just because a. code official made a mistake does not make it right. it is the responsibility of the City to come back and confess that it is a mistake and was made in error. This is what appears to be happening 17 years later. Board Member ABBOTT said he does not understand the wrong at this point. The applicant went before a City board that apparently had the authority to vary the ceiling height and they understood in their decision that it was habitable space and a remodel that would be converted to a duplex. WHEAT RIDGE BOARD OF ADJUSTMENT pgge 13 MINUTES OF MEETING: June 28, 1994 ( The City was aware of this and should have raised their hand in objection at that point. Mr. Moberg said we have somewhat of a comedy of errors; a building official approved a miscellaneous permit that he shouldn't have and the Board-that approved a variance to ceiling height had no interest in what it was zoned. I would assume the applicant was directed to go to the Board by the building department and not the zoning department. The Zoning Department would have immediately raised a red flag and told the applicant he also needed to go before the Board of Adjustment. The only way to make this right is if the Board feels there is enough unique circumstances to approve a variance so that this will be a legal two-family dwelling on a sub-standard R-3 lot. Granted it is 17 years later, but it still has to occur. Nobody in the City can say it is 17 years old so just let it go. We have a lot of stuff out there dealing with the non- conforming section of the code. Mr. Moberg continued saying the Board does not want that kind of thing to be out them anyway, you want us to bring these to your attention. If we start deciding that mistakes render approval, no one would want that to occur because mistakes are made in several areas. Board Member ABBOTT said he has sympathy with the officials, one cannot create 17 year rules, it would have to go before the Board. We have to look at this and decide what degree of danger to the public did the mistake make, then the Board can make that judgement call. Mr. Moberg said we have not received a complaint in 17 years but no one knows how often this bottom unit was rented out, so it could be that nobody knew about it. Take into account that this is a standard sized lot i:n an R-3, but make sure - there °is a unique situation that separates this parcel from any other parcel. Board Member ECHELMEYER feels the lot is standard now because asked if the applicant lost the back end of his lot to the parking area of the Senior Resource Center, and Mr. Moberg answered no, the applicant bought the property the way it is right now. No further questions were asked of staff. The applicant, Carl Larsen, 5485 W. 32nd Avenue, was sworn in. Mr. Larsen said when he bought the property 17 years ago the lot size is as it is, now, there has been no deletions or additions to it. He applied to the City for a building permit to convert this building to a two-familYears dwelling. He was under the impression for the last 17 y that he had a legal apartment and just recently was advised he did not. The zoning is R-3 and the parking is fine with room for four cars outside and two cars in the garage. This WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 28, 1994 Page 14 use will not interfere with anyone else's uses in the area. They have talked to everyone adjacent and have their signatures stating no objection to him requesting this variance. The area next door is the library parking lot, down further is a business, and there is another apartment unit diagonally across the street ( he did not speak with this owner because she is very ill), but have talked to everyone near there. Board Member ECHELMEYER asked if this indecision as to weather this is a one or two family dwelling affected the ability to sell the place at this point in time. Mr. Larsen answered apparently not. Board Member a two family person apply offer has bey without that selling. ECHELMEYER asked or a one family, that wants a two gin.cancelled. He condition, so it if most people are looking for and Mr. Larsen said he had one family dwelling but said that also has another offer now may or may not affect the Board Member HOVLAND in reference i;o the map, wanted to know what the purple and yellow highligtsted areas are, and Mr. Larsen replied the purple areas are people .who we have ~ contacted, either residential or commercial, and yellow is commercial or multiple family. No further questions were asked of the applicant. Ron Selstad, 2890 Lamar Street,-was sworn in. Mr. Selstad referred to Mr. Moberg's statement that some of the realtors have called to inquire weather it was indeed legal, and said he is the realtor listing the property. There was some • question and' they wanted to veri'fy'before,irideed advertising it as possibly a duplex. It isn't that it got caught because somebody called; we indeed asked. Once we found out there was a question about it, we went ahead and filled out the application to have a hearing before the Board to resolve the issue. Mr. Selstad continued saying it seems to have been in some point in time a communication breakdown. About two months ago, he spoke to the City Administrator about this because of the unusual circumstances with the previous approval, and did indeed at that time give him tYie approval document from the Building Code Advisory Board from 17 years ago. They were a little chagrined when they came in right before the meeting last month and found out the Board didn't have that approval sheet, as that was a very significant document to have. When he spoke to Mr. Middaugh, the City Administrator, two months ago he also passed on to Mr. Selstad that he had indeed spoken to the planning and zoning department and the City acknowledged they did make a WHEAT RIDGE HOARD OF ADJUSTMEDIT MINUTES OF MEETING: June 28, 1994 Page 15 'booboo' and they would waive the fee for the application and further, that staff would recommend support; would recommend approval. So before the meeting last month and seeing the report, it didn't give him that impression at all. Something obviously fell apart in the process of being considered, he is not sure why but don't think the Board has the full information, and thinks it is a good thing they were able to address and correct some of the things in the report. The two things Mr. Selstad wanted to address in the report are Items 2 and 3 which have not adequately been addressed. Regarding Item 2, for one was his first impression, as Mr. Larsen's, was to say 'yikes, if we go in for this before the Board, the county is going to nail me for 17 years back taxes' and when he indeed made the application,. they never intended not to disclose anything. On hearing that, he did call the county yesterday and talked to Ms. Mayer and told her what they were going to do and her response was they do not go back 17 years for back taxes, they do not go back at all unless there was intent to defraud. In this case she said absolutely no, nothing retroactively or punitively. So he felt, that was certainly not correct ih the report they received that they would be liable for back taxes. The biggest thing was Item #3 in which it said there are no other multiple family dwellings within the immediate area, that's why they took the map that was provided to you and the report and accessed all the tar. records and the City's own listing of multiple community properties and marked those on the map. When they spoke to Mr. Gidley today he said he did not know what the immeu"iate area meant. Mr. Selstad guessed the immediate area to him will certainly meet the map provided. They did not intentionally go south of 30th Avenue in-marking any properties: But'in the immediate area here within two blocks, they have 20 other multiple family units. In effect, there have been no protests and there have been 17 years assumption that Mr. Larsen was legal, intended to be legal and in effect, he would have the feeling if he were him, that something is possibly being taken away from me, he thought he had it and now maybe he doesn't. Mr. Selstad said that is about all he has to address and would answer any questions. Motion was made by Board Member ABBOTT, that Case No,. WA-94- 6, an application by Carl B. Larsen, be approved for the following reasons: 1. A unique situation appeared to have been created by a very unusual situation which was in fact a mistake by the City in 1977 and which is describes] in detail in the Board's packet, that directed the applicant to seek decision on ceiling height and inhabitable space as it WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 28, 1994 Page 16 pertained to a remodel occurring at this time in which had the intent of creating a two family dwelling from the existing structure. 2. The applicant submitted a copy of his original application to the City for this conversion and the UBC Advisory Board's decision which was voted 3-0 for approval. 3. The creation of this improper variance has caused no discernible hazard to the City or its citizens. 4. No protests were registered against this and in fact a petition for approval was submitted from adjacent neighbors by the applicant. Motion was seconded by Board Member ECHELMEYER. Motion carried 5-1, with Board Member HOVLAND voting no. Resolution attached. 4. CLOSE THE PUBLIC HEARING 5. OLD BUSINESS 6. NEW BUSINESS 1. Approval of Minutes: Motion was made by Board Member HOWARD, seconded by Board Member HOVLAND, that the minutes of May 26, 1994, be approved with the following correction: Change TUP-94-2/Resolution: Motion carried 4-1, with Board Member ECHELMEYER voting no. - 2. Election of Vice-Chairman: By a vote of 6-0 Board Member ROSSILLON was elected Vice Chairman. 7. ADJOURNMENT Motion was made by Board Member HOWARD, seconded by Board Member HOVLAND, that the meeting be adjourned. Meeting adjourned at 9:45 p.m. _. ~ Mar ou C apla, Se retary PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-94-6 DATE: June 23, 1994 REQUEST: 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. ~ ; Position On Request; i ; (Please Check) i S P E A K E R ' S NAME & AD D RE S S ( PLEAS E P RINT) i IN FAVOR , OPPOSED / / ~~ ~// ~y /~ / / ( / ~L~ ~~} l ~/( .f ' g / / ~U !~! 5 ~Z ,ST FI b . ___ CERTSFICATE 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 23rd day of June 1994. CASE NO: WA-94-6 APPLICANT'S NAME: Carl B. Larsen LOCATION: 5485 W. 32nd Avenue Upon motion by Board Member ABBOTT seconded by Board Member ECHELMEYER the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; .and WHEREAS, Board of Adjustment Application, Case No. WA-94-6 is an appeal to this Board £rom 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-94-6 be and hereby is APPROVED. TYPE OF VARIANCE: To lot width and area PURPOSE: TO allow a two-family dwelling in a Residential-Two zone district FOR THE FOLLOWING REASONS: 1. A unique situation appeared to have been created by a very unusual situation which was in fact a mistake by the City in 1977 and which is described in detail in the Board's packet, that directed the applicant to seek decision on ceiling height and inhabitable space' as it-pertained to a remodel occurring at this time in which had the intent of creating a two family dwelling from the existing structure. 2. The applicant submitted a copy of his original application to the City for this conversion and the UBC Advisory Board's decision which was voted 3-0 for approval. 3. The creation of this improper variance has caused no discernible hazard to the City or its citizens. 4. No protests were registered against this and in fact a petition for approval was submitted from adjacent neighbors by the applicant. VOTE: YES: Abbott;Echelmeyer, Howard, Junker and Rossillon NO: Hovland DISPOSITION: Variance approved by a vote of 5-1. DATED thi 3rd day of June, 1994 ~~ _ ~ ~ SUSAN JUNK~R, Chairman Mary Lo hapla, Secr tary Board of Adjustment - -Board o djustment w. M E M O RAN D U M TO: n B~Ob Middaugh, City Administrator FROM: Glen Gidley, Director of Planning & Development RE: Ron Selstad's Accusations regarding Board of Adjustment Case No. wA-94-6 DATE: July 8, 1994 Mr. Selstad, under the Public Forum portion of City Council's June 27, 1994 meeting, made several malicious statements regarding this department's handling of, with specific reference to me personally, a variance request by Mr. Carl Larson (Case No. WA-94-6). I believe that the following summarizes the complaints that he stated, with my response to each complaint. 1. The Staff report was inaccurate in that it stated that there were no multiple-family residential units within the "immediate area", and that he gave copies of a map to refute that statement to both you and me. RESPONSE: Greg Moberg, Planner, was the case manager on this case, as he is on 95$ of Board of Adjustment cases. His intent in the use of the. phrase "immediate area" refers to those properties that surround the subject site and properties within approximately 100-150 feet of. the subject property. To his knowledge, and based upon field investigations, both prior_to and after Mr. Selstad's statement and based upon a review of the Jefferson County Assessor's records, there are no multiple-family units within that immediate area. There are multiple-family units 1 1/2 blocks away at both west 33rd Avenue and Case, as well as West 32nd Avenue and Benton. Regarding his statement that he gave me a map that provided evidence to the contrary, he gave me no such map. Rather, he held up a map that he had with him to point out what he claimed were multiple units in the general area, however, he kept the map. He also claimed that he gave you such-a. map, however, in my conversations with you, you indicated he also never gave you such a map. 2. He stated that, in addition to the above-referenced map, staff had concealed information from the Board and did not present a full and complete report of the facts and evidence. RESPONSE: .I am not sure as to what specific evidence he was referring to other than the Building code Advisory Board (SCAB) application and motion regarding Mr. Carson's 1977 request for building code waiver o£ ceiling height standard. The written staff report included a copy of the 1977 building permit and f' Memo to Bob Middaugh _ Page 2 July 8, 1994 reported the fact that a permit had been issued by the City to allow for the conversion of the basement into living quarters. I~ did not relate that the BCAB had granted a "ceiling height" waiver. However, during the verbal staff report to the Board, Mr. Moberg gave copies of_information relating to that BCAB action and entered it into the record and verbally reported this additional evidence. 3. He stated that 1 had called Mr. Larson to manipulate the process or set-up Mr. Larson by suggesting that Mr. Larson present his case instead of Mr. Selstad. RESPONSE: Indeed, I did call Mr. Larson and suggest that he present his own case. I also suggested several other methods that would improve his chances of approval before the Board, such as presenting a petition in his favor signed by his neighbors, and having his neighbors appear on record to speak in his favor. My intent was to help Mr. Larson by explaining those things that the Board usually find favoring an applicant. I also conveyed to him that a confrontational, negative approach in presenting the case, especially by a controversial public figure (Mr. Selstad) might not be in his best interest as Board members traditionally bristle at threatening comments. I informed him that, as with both Planning and City Council, the Board. prefers-to hear directly from an owner/applicant, rather than from a representative. 4. The staff report recommended denial of the request, although you had assured Mr. Selstad. that our recommendation would be for-approval.. - RESPONSE: Our staff report did not recommend denial or approval. Although the standard criteria did not support approval, the staff report pointed out mitigating circumstances (i.e., the fact that a permit was issued and that the Building Advisory Board had granted a_waiver of a Building Code standard) that supported approval. That information was reported to the Board both in written and verbal form by Staff. GEG:slw