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HomeMy WebLinkAboutWA-94-8rnecrcyor ADMINISTRATIVE PROCESS APPLICATION Wheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Address ,370/ Pf'QC~ Phone~„zy-~~~'? Owner `=-~~~G Addres's Location of request ~,9/~F - Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision e Preliminary Final [] ** See attached procedural guide for specific requirements. Detailed Descripttion of request Variance/Waiver Nonconforming use change Flood plain special exception interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ -- mineral extraction permit ^ Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME n ADDRESS PHONE Ci~~CtB~ i1' 'j~(o~~aannr/IPA- !lJyll? l~P ~rx~K ~ laxc~/onA, ({ 8~1.2/S .;1?2-.,2r7P~t7 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 o£-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 bed and sworn to me this M RY LOU ~$LA Phone day of ~~\~ 19 q~ _, Receipt No. Case No. I My commission expires. ~ -ay -QS ,/~ Recorded at _ Reception No ti clock M.. Recorder. QUIT CLAIM DEED ~ RECORDER'S STAMP THIS DEED, Made this 23rd day of October . 19 92. between KAREN K. WALKER of the ---- 'County of Jefferson and State of Colomdo. grantor(s), and KAREN K. WALKER AND ROGER W. WALKER, JR. whose legal address is 3701 Pierce Street ~ Wheat Ridge, Colorado 80033 of the -- County of Jefferson and State of Colomdo. gmnteNs), WITNESSETH. That the grantor(s), (or and in consideration of the sum of TEN AND 00/100THS------------ __-_____________________________-_____________________________________pOI,L,ARS the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, releaze, sell, convry and QU[7 CLAIM unto the grantee(sj, their heirs, successors and assigns, fotver, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements. if any. situate, lying and being in the ---- County of Jefferson and State of Colorado, described as (oltows: THAT PART OF THE NE} NE} NE} OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID NE} 25.5 RODS (420.75 FEET) SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WEST 31 RODS 6 FEET (517.5 FEET); THENCE SOUTH 10.2 RODS (168.30 FEET); THENCE EAST 31 RODB 6 FEET (517.5 FEET) TO SAID EAST LINE OF SAID NE}; THENCE NORTH ALONG SAID EAST LINE 10.2 RODS (166.30 FEET) TO PLACE OP BEGINNING, EXCEPT THE EAST 25 FEET THEREOF, EXCEPT THAT PART DESCRIBED IN WARRANTY DEED RECORDED MAY 6, 1974 IN B001C 2619 AT PAGE 709, EXCEPT THAT PART DESCRIBED ZN WARRANTY DEED RECORDED SEPTEMBER 28, 1955, IN BOOK 953 AT PAGE 126, EXCEPT THAT PART DESCRIBED IN WARRANTY DEED RECORDED JANUARY I1, 1956 IN BOOK 973 AT PAGE 90, EXCEPT THAT PART DESCRIBED IN BOOR 865 AT PAGE 134 AND IN BOOR 665 AT PAGE 234, COUNTY OF JEFFERSON, STATE OF COLORADO C~e~ ~ also known by street and number as: 3701 PIERCE STREET TO HAVE AND TO HOLD the same, together with atl and singular the appurtenances and privileges Ihercunto belonging or in anywise themunto appertaining, and alt the esture, right. tile, nkrest and claim whatsoever, of the grantoKs), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), their hefts and azsigns forever. IN WITNESS WHEREOF, The grantor(s) ha a executed this dad on the date set forth above. Karen-R. Walker STATE OF COLORADO, 1 55. County of Jefferson J The fomgoing instrument waz acknowledged before mein the ---- Countyof Jefferson Sate of Colorado ,this 23rd day of October ,1992, by Karen K. Walker. My commission expims , 19 .Witness my hand and official seal. Hour wsim ~"IC in Denver, insert "City and." Na. 93J. Rev. I-If4. Gun et.n~a Deco nreOruN WM1b,I,inF 5a35w 6iM1AVe,. Wcxatl.C'O a03b-IhIJI DJb0.1~ Saf "'~ti~ ,N RETURN T0: RF. OF WHEAT RIDGE, N.A. iADSWORTH BOULEVARD RIDGE, COLORADO 80033 Grey IaP~ee Above Thle Lina Foe Racording Dafal DEED OF TRUST ss60z4s THIS DEED OF TRUST ("Security Instrument") is made an OCTOBER 23 1992 ,among the grantor, KAREN K. WALKER AND ROGER W. WALKER, JR. whose mailing address is 3701 PIERCE STREET, WHEAT RIDGE, COLORADO 80033 ("Borrower'), the Public Trustee oC JEFFERSON County ('"huatee"), and the beneficiary, FIRSTSANK OF WHEAT RIDGE, N. A. which is organized and existing under the laws of THE STATE OF COLORADO -- ,and whose address is 4350 WADSWORTH BOULEVARD, , WHEAT RIDGE, COLORADO 80033 C'Lender").Borrower owes Lender the principal sum of SIXTY SIR THOUSAND AND 00/100______________________________________________~__________ Dollars (U.S. $ 66, 000 .00 ). This debt is evidenced by Borrower's note dated the same date as this Semrity Instrument ("Note"), which provides Cor monthly payments, with the full debt, if not paid surlier, due and payable on NOVEMBER Ol, 2007. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Nate; (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 InstrumenS and the Note. For this purpoce, Borrower, in consideration of the debt and the trust herein created, irrevocably grants end conveys to Trustee, in trust, with power of sale, the following dea¢ibed property located in JEFFERSON County, Colorado: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 3701 PIERCE STREET , ~~ ryYnal WREAT RIDGE ,Colorado 80033 C'Property Addrees'7; FIM Rpo>d.l TOGETHER WITH all the improvements now of hereafter erected on the property, and ¢ll easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions atoll also be covered by this Security Instrument. Alt of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Harrower is lawfully seised of the estate hereby conveyed and has the right to grant and rnnvey the Property and that the Property ie unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tilde to the Property against all claims end demands, subject to any encumbrances of record. COLORADO -Single Family - Fannle Mae/Fraddle Mac UNIFOflM INSTRUMENT Form 5006 1/97 COra.06,)1 Page l of 8 CMap.Oa/00 NOTICE OF PUBLIC HEERING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on July 28, 1994, at 7:30 P.M., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments.' The following petitions shall be heard: 1. Case No. wA-94-8: An application by Roger W. Walker for a 5' variance to the required 30' side yard setback to allow the construction o£ a residence 25' from the side property line. Said property is located at 3701 Pierce Street and is -legally described as follows: That part of the NEl/4 NE1/4 NE1/4 of Section 26, Township 3 South, ,Range 69-West, described as follows: Beginning on the East..line-of said NE1/4 25.E Rods (420.75 feet). South of the northeast corner thereof; thence West 31 Rods 6 £eet (517.5 feet); thence South 10.2 Rods (168.30 feet); thence East 31 Rods 6 feet (517.5 feet); to said East line of said NE1/4; thence North along said East line 10.2 Rods (168.30 feet) to place of beginning, except the East 25 feet thereof, except that part described in warranty deed _ recorded May 6, 1974 in Book 2619 at Page 709, except that part described in warranty deed recorded September 28, 1955, in Bogk 953 at Page 126, except that part described in warranty deed recorded January 11, 1956 in Book 973 at Page 90, except that part described in_BOOk 865 at Page 134 and in Book 665 at page 234, County of Jefferson, State of Colorado. 2. Case No. WA-94-9: An application by. James W. Stuart for approval of a variance to lot size and-width and to allow tw_o main structures on property zoned Residential-Two. Said property is located at 3255 Harlan Street a_nd is legally described as follows:.. The north 75 feet of the south 150 feet of the east 150 feet of the north 1/2 of Block 1, Highland Gardens, County of Jefferson, State of Colorado..- 3. Case No. WA-94-10: An application by Kimberiee Reed £or approval of a 5 foot 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 £eet of -- the North 228.2 feet of the East' 15 feet of Lot 15 of 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. t Mary L u Chapla, Secretary ATTEST: - ... Wanda Sang, City Clerk To be published: July 12, 1994 Wheat Ridge Sentinel ~3~~a~ CITY OF WHEAT RIDGE Planning & Development Department Invoice Re: Case No. ~.yfl-q~4-g Date• `~ ~`'J~~y~-1 Applicant R(Y~R ~~~~LC~~ Address ~~~~ p~~RC~. y\ 1. Publication Date(s) - BOA ,_~a_~(~ Number o£ lines: ~_ ,1ii Amount due: ~ ~~ tO~i 2. Publication Date(s) -,PC Number o£ lines:. Amount due: 3. Publication Date - CC _ Number o£ lines: Amount due: 4. Certified mailing No.~ X $2.60 ~ ~Q~,Z© 5. Recordation charge: 7500 W 29th Avenue Wheat Ridge CO 80215 (303)235-2846, 7500 WEST-29TH AVENUE The C!t}~ Of P.O. BOX 638 WHEAT RIDGE. CO 8D034-0639 _303) 234-5900 cWheat City Admin.Faxn234-5924 Police Dept.Fax~235?949 Ridge POSTING CERTIFICATION CASE N0. L9!'A ~- 9~" B PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: `~ ;~~ ~~~~ I, residing at n a m e r e s s as the applicant for Case No. jfg - ~- ~ hereby certify that I have posted the Notice of Public Hearing at o c a t i o on this ~ day of ~~ L-~ 19 yam, 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 o£ public hearing of this case. The sign was posted in the position shown on the map below. Signature: J~ ~' ~_.~_ C/ 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 Planning and Development. M A P <pc>postingcert (L rev. 05-19-94 ~o rs:, ~. r:,r r„~::. P.d. 80X'636 _ TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge July 13, 1994 WA-94-8 _ I This is to inform you that Case No. which is a request for approval of a 5' variance to the required 30' side yard setback to allow the construction of a new residence. for property located at 3=701 Pierce 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 July 28, 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. 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PLACE STICKER AT TOP OF ENVELOPE TO _ THE RIGHT OP RETURN ADDRESS_ L --A - -- ~ ~ W N _ W d c ~ 1 `° 9 __ J ~ I t o n ~ r 3 _ -_~ ^ N- .. ... .-WIQ~. e ..ml ,d ' ~%~ o ~ ~9 ~3~ `m° n' ~ - o 'o_ ~ 9 N m ~ A 6 ~ ~ 3, a ~ D Z d N ry N J ~ ~ ~ N y ~ ~~ n ~~ Z -~ 3 O - ^ D~ ' a L~ y m w a ~r 7 7 ~ W m ~ n ~. a <` F, ~ 4 m '" ~ ?1 ftl rn +,~ w m ~ ' ~ a fn o r ,o m am ~ s ti ~oNO~ a a'~ ~ s~ a rpm ~ Q ~ ~ ~ ~ ^5 a ~ y ~ ~ lD y D I Q m n fiA p~ ~~c~ ~Sd ~m'a ~ ~ N _ D=~ ~ ' v. nN I rt ~ y ~ 3 n i ~__ n T3. W ~ F_°o Nwn ' ~ cx pa a ~ , Q o ~ 9 n sa. aa~ v x ' ~ ~~ ~. g "C tf3 g°G ~ - ~"; Adm. ~s ~°mo ~ ="a . - W ~s: B ~ °_ F m' 3' CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: July 21, 1994 Date of Meeting: July 28, 1994 Case Manager: Greg Moberg Case No. & Name: WA-94-8/WALKER Action Requested: Approval of a 5' variance to the required 30' side yard setback Location of Request: 3701 Pierce Street Name & Address of Applicant(s): Roger Walker 3701 Pierce Street Wheat Ridge, CO Name & Address of Owner(s): Same . ----------------------------------------------------------------- Approximate Area: 13,048.75 square feet Present Zoning: Residential-Three Present Land Use: Single-family residence Surrounding Zoning: N, ~, E, W: Residential-Three Surrounding Land use: N, W: Single-family: S, Multiple-family; E• Two-family ----------------------------------------------------------------- Date Published: July 12, 1994 Date to be Posted: July 14, 1994 Date Legal Notices Sent: July 14, 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-94-8 The applicant is requesting approval required 30 foot side yard setback to new single-family residence. II. SITE Page 2 of a 5 foot variance to the allow the construction of a The property is approximately 13,048.75 square feet in area and contains approximately a 1,200 square foot single-family dwelling. The residence currently has a 26.8 foot setback from West 36th Place. The applicant would like to remove the existing residence and replace it with a new residence. The new residence would be located within 25 feet of the West 36th Place right-of- way. II2. 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 residential property for many years at the current setback. 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. Is the plight of the owner due to unique circumstances. A unique circumstances could be considered as the existing residence has a nonconforming setback and as per Section 26- 7(D)(1) a one- or two-family dwelling may be enlarged provided that the enlargement does not extend past the existing nonconforming setback. Therefore an addition could be built along that exiting setback of 26.8 feet; and 3. If the variation were granted, would it alter the essential character of the locality. The granting of this variance would probably not alter the essential character of the local neighborhood as the setback for the existing residence and the new residence are only 1.8 feet different; and 4. 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 conditions of the property involved that would result in a particular 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 the existing structure is considered a unique circumstance, the condition upon which this petition for a variance is based would not be 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 would not be detrimental or injurious to public welfare or injurious to other property or improvements in the neighborhood in which the property is located as the proposed residence does not encroach into the sight triangle created by Harlan Street and West 36th Place; 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 proposed variation will not 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 nor will the request substantially diminish or impair property values within the neighborhood. 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. A unique circumstances could be considered as the existing residence has a nonconforming setback and as per Section 26- 7(D)(1) a one- or two-family dwelling may be enlarged provided that the enlargement does not extend past the existing nonconforming setback. Therefore an addition could be built along that exiting setback of 26.8 feet; and 2. The granting of this variance would probably not alter the essential character of the local neighborhood as the setback for the existing residence and the new residence are only 1.8 feet different; and 3. If the existing structure is considered a unique circumstance, the condition upon which this petition for a variance is based would not be applicable to other property within the same zoning classification; and 4. The purpose of this variance is not based exclusively upon the desire to make money; and The granting of this variance would not be detrimental or injurious to public welfare or injurious to other property or improvements in the neighborhood in which the property is located as the proposed residence does not encroach into the sight triangle created by Harlan Street and West 36th Place; and 6. The proposed variation will not 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 nor will the request substantially diminish or impair property values within the neighborhood. Based on the conclusions derived from the preceding, staff would recommend that Case No. WA-94-8 be APPROVED. ~ ~ N 0 ^ ° o W 3RTH f'cV~ ° o O "' o o ° ^ ^ * J~ I *~ O ^ ~~ 3884 3895 3880 3885 3870 3867 3860 3865 3850 3855 3840 3845 3830 3835 3834 3833 ~ ~ ~ ~ ~ *~ ~ 3890 3895 3880 3885 3870 3875 3860 3865 3850 3855 3840 3845 3830 3835 3820 3825 * ,~ '~' 3960 ~~``''''''''~~ ~./ ~~ ~ 3950 ' ` 3930 3910 ~ * N ~ ~ * ,7`0 * ~~ o ° PRD n ~_G RG-I '' ~ ~ ~ cf] ~ ~ ~n O O~ O 3711 ^ O ^ O ^ O ^ ~ ~ co 3709 ~ ftVE ~ o U 1 3707 o ^ w * 3680 3695 } ,n ,n ,n ,n ~ 5112 "' __ E- ~ 3670 3685 ~ ~ ~ ~ ~ ~ ~ W 36TH PL 3665 p W 3660 367 ~ ~ ~ ~ o N 3645 ~ ~ ~ ~ ~ ~ ,~ ~ -3625 ~~ N' ~ ^ N * ~ ~ i~ O *O ~ * 61 o ~ to * O ~ ~~ ^ ~ O M c o O> O i O O O O W 36TH ,4VP o 0 r~ w ^ o rn ° o ~ o o ~ ~ ~ co 3595 3585 3555 N O ~ O 4 ~ ~ ^ _ ^ O ^ O ^ ^ 0 (O c0 (O W 35TH AV5 H N 7- C'3 0 _I~ ~~ o ~~ ~~ w 37TH ~v~ o ~ ~ ~ ~ ^ a ~ ~ i o s ^ 0 0 ~ ~ ~ ~ ~ ~ o IT! ~~ ro ~ ^ ~ ~ ^ ~ 7 ^ ~ ~ ^ ~ .-~ o ^ ~ W 36TH PL ° 0 0 y ~ Cl N o ^ ^ ^ ^ ~ ~ ~ ~ ~ ~ ~ M ~ N " o ~ 3K ~ ~ ,` + M ^ ^ ^ ~p t0 ~0 ~D iD ~~ C7 H ~ o ~ ~~ H ~ W W 36TH ,EVE /'/BBC i;c ~~ a ~, ~ ~ Z W I I y b ~ ' ~' ~ ~ o K L _ _ _ L.--~ r---~ i ~ ~ L _ J IE ,SC W v J 08 L-0703 IL 7 a h r to 3 P I E R C E ST. STREET ADDRESS: 3701 PIERCE STREET, WHEAT RIDGE, CO. AUG. 5, 1992 CUSTONiE~ DOPY I ~ - ~v-~- xtsE 1°=S0' LEGAL DESCRIPTION__ Tf{AT PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST_ ONE-QUARTER OF THE NORTEEAST ONE-QUARTER OF SECTION 26,TOWNSHIP 5 SOUTH, RANGE 6S WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: BEGINNING ON T}IE EAST LINE OF SAID NORTHEAST ONE-QUARTER Z5.5 RODS(420.75 FEET) SOUTH OF THE THE NORTHEAST CORNER THEREOF; TH~1CE WEST 31 RODS 6 FEET (517.5 FEET); THENCE THENCE SOUTH10.2 RODS(168.30 FEET); THENCE EAST 31 RODS 6 FEET(517.5 FEET) TO SAID EAST LINE OF SAID NORTHEAST ONE-QUARTER; THENCE NORTH ALONG SAID EAST LINE 10.2RODS(168. FEET),TO THE POINT OF BEGINNING. EXCEPT THE EAST 25 FEET, EXCEPT THAT PART DESCRIBED IN WARRANTY DEED RECORDED MAY 6,1974 IN BOOK 2619 PAGE 709, RECORDED ON SEPTEMBER 28, 1955 IN BOOK953 PAGE 126, RECORDED ON JAN 11, 1956 IN BOOK 973 PAGE 90, AND EXCEPT BOOK 865 PAGE 134 AND BOOK 865 PAGE 234, JEFFERSON COUNTY COLORADO. IMPROVN~IENT LOCATION CERTIFICATE: __ MORTGAGE COMPANY: FIRST BANK OF WESTLAND N.A. AND/OR ASSIGNS TITLE COMPANY: LAND TITLE BORROWER: ROGER WALKER JR. I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WA3 PREPARED FOR THE ABOVE, THAT IT IS HOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR T1IE ESTADLISIiMENT OP FENCE, BUILDING OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE,AUG.5,1992, EXCEPT UTILITY CDNNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SIIOSiN, THAT THERE ARE NO ENCROACfR4ENT5 UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED, AND THAT THE PARCEL IS NOT IN A 100-YEAR FLOOD PLAIN AS SHOWN BY F.LR.M. MAP,COMMUNITY PANEL N0. 085079 OOBS C./- ~.., IOP~~ ~ 1 ~~ S~-~2 &11 SURVEYING I~\ 8661 E. AMHERST DR. #F DENVER, CO 80231 PHONE 750-6242 ~. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING July 28, 1994 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman JUNKER at 7:30 p.m., on July 28, 1994, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: William Echelmeyer Jackie Clark Paul Hovland Robert Howard Susan Junker Edwin Rossillon MEMBERS ABSENT: Thomas Abbott STAFF PRESENT: Greg Moberg, Planner Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public Hearing of July 28, 1994 A set of these minutes is retained both in the office of the City. Clerk and in the Department of Planning and Development of the City of Wheat Ridge. r. , WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member ROSSILLON that the agenda be approved as printed. Motion carried. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. Case No. WA-94-8: An application by Roger W. Walker for a 5' variance to the required 30' side yard setback to allow the construction of a residence 25' from the side property line. Said property is located at 3701 Pierce Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ECHELMEYER asked is the Mr. Walker on the application also the same Mr. Walker, Jr. on the deed, and Mr. Moberg replied yes. Board Member ECHELMEYER asked on the. original plot plan the new dwelling comes within 5 feet of the property line and is that within the legal limit, and Mr. Moberg answered yes. Board Member ROSSILLON asked since the applicant is tearing the existing non-conforming structure down he has to apply for the 5' variance, and Mr. Moberg replied-yes, and added if the applicant decided to just add on to the structure he could stay in line with the existing setback. Board Member ROSSILLON asked if the house to the west of the applicant is non-conforming, and'Mr. Moberg answered it is difficult to ascertain because we have no surveys, but they are less than 30 feet. Board Member HOVLAND asked if this distance is from the edge of the road, and Mr. Moberg. said no, it is from the right- of-way. No further questions were asked of staff. The applicant, Roger Walker, 3701 Pierce Street, was sworn in. Mr. Walker will tear the structure down and build a new one, and he mentioned he does have plans: WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 3 Board Member ROSSILLON asked would it be a hardship to you if we go with staff's recommendation of 26.8 feet, and Mr. Walker replied the plans are in blue-print stages now but if it came to that point he could change them. Board Member ECHELMEYER asked if the plans had been drawn up by the applicant and was he aware at the time of-drawing that he was not in conformance with the code, and Mr. Walker replied he drew up the plans himself and no, he was not aware of that. Mr. Walker said he was pretty much aware that Pierce Street would be a 30 foot setback, but presumed West 36th was 2.5 feet. Board Member ECHELMEYER asked if this would be a bungalow or a two-story, and Mr. Walker answered it would be a ranch style with a basement. Board Member ECHELMEYER asked if the applicant would have a problem moving the house back and being in conformance, and Mr. Walker said it would be because he would .have to scrap everything and start all over. Board Member HOVLAND asked the applicant to point out where the garage would be and would the drive be on 36th Place, and Mr. Walker said yes. The applicant was told he could not place the driveway going out on Pierce Street...-It was noted this will be a single family structure. Board Member HOWARD asked Mr. Walker who told him he could not have his driveway running out on Pierce Street, and Mr. Walker answered someone from the Planning Department. Mr. Moberg commented that someone from Public Works probably doesn't want them to go out on-Pierce because it is a collector street and backing out on such could be a hazard. Board Member HOWARD said his feeling is the applicant could put his driveway wherever he wants. If he wants to put the driveway out on Pierce Street there is absolutely nothing stopping him from doing so as there are no regulations from prohibiting that. Board Member HOWARD asked Mr. Walker if this would alter his plans any, and he said yes he might consider bringing the driveway out on Pierce. The front door of the new structure will be facing Pierce Street and the ,structure will be 50 feet wide. Board Member ROSSILLON said it is a matter of principal but he would like the applicant to stick to the 26.8. feet. Mr. Moberg said then in the motion he could state a 3.2 foot variance rather than 5 foot. No further questions were asked. l WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 4 Motion was made by Board Member ROSSILLON, that Case No. WA- 94-8, an application by Roger Walker, be APPROVED for the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. 2. A unique circumstance could be considered as the existing residence has a non-conforming setback. 3. Granting this variance will not alter the essential charagter of the neighborhood. _ Motion was seconded by Board Member ECHELMEYER. Motion carried 6-O. Resolution attached. B. Case No. WA-94-9: An application by James W. Stuart for approval of a variance to lot size and-width and to allow two main structures on property zoned Residential-Two. Said property is located at 3255 Harlan Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ECHELMEYER asked if the remodeling was done in 1985, and Mr. Moberg replied an addition was done in 1985 but you will have to ask the applicant when the remodeling from storage to living space occurred. Board Member ECHELMEYER asked if there was ever an inspection at the completion of the addition, and Mr. Moberg answered for the storage unit but no other inspections after that. Mr. Moberg added there was no wiring plans at that time but it could be it was wired later.. Board Member ECHELMEYER asked staff did he understand right when it was said this is not a problem at this point in time because it is being used by a family member. Mr. Moberg answered no, it is a.problem because what we have is two dwelling units and they are defined as having living, sleeping, kitchen, and sanitary facilities for the exclusive use of the occupants. If you take away the kitchen it-would be considered ancillary storage. Board Member ECHELMEYER questioned what would be the status if the property was sold, and Mr. Moberg replied under the existing situation it would still be illegal because of the two single family homes on one lot. However, it still could be used as such and then we would be right back here again. PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-94-8 DATE: July 28, 1994 _.. _ .. . REQUEST: ~ application by Roger W. Walker fora 5' variance to the required 30' side yard setback to allow the construction of a residence 25` from the side property line. Said property is located at 3701 Pierce Street. Position On Request; I (Please Check) 1 ~ SPEAKER'S NAME & ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED i ----. -_._ -- - __ - 1 I ~ i I 1 1 1 1 1 I 1 I 1 I _ - __._ _ -: i ~ 1 I 1 1 I 1 I 1 1 1 1 1 1 I - 1 I 1 I 1 1 ; I 1 1 I _. .. - _ _ _ .. i I ~ i 1 1 ~ 1 1 1 1 1 I 1 1 1 1 1 1 I 1 I 1 I 1 _-__ - - ~~~j 1 - 1 1 I 1 ; 1 1 1 1 -1-- I _. I 1 1 1 I I 1 1 I 1 1 1 1 1 I I I 1 I I I 1 1 1 1 1 1 I ~ ~ ~ ~ I I I I 1 1 1 1 1 I _ 1 I 1 1 1 1 1 1 I 1 I _. _ _ 1 ~ __ 1 I 1 1 1 1 1 _ _ _ _ _ _ ... ~ _:.... 1 _ _ - - _ - - - _ I I I I I 1 1 1 1 1 I 1 I 1 ' 1 1 1 1 1 I 1 1 I 1 1 I 1 I 1 I. I 1 1 1 1 1 I I i i I 1 I 1 1 I 1 I I I --- 1 1 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 2 th day of July 1994. CASE NO: WA-94-8 APPLICANT'S NAME: Roger Walker LOCATION: 3701 Pierce Street Upon motion by Board Member ROSSILLON 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-94-8 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-94-8. be and hereby is APPROVED. TYPE OF VARIANCE: A 3.2' to the requirF~d 30' side yard setback PURPOSE: To construct a new single fam.;ly residence FOR THE FOLLOWING REASONS: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions ~:elative to the nine specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. 2. A unique circumstance could be considered as the existing residence has a non-conforming setback. 3. Granting this variance will not alter the essential character of the neighborhood. VOTE: YES: Clark, Echelmeyer, Hovland, Howard, Junker and Rossillon NO: None DISPOSITION: Variance granted by a vote of 6-0. DAT~his 28th o 1994. 1 SUSAN JUNKS Chairman Board of Adjustment Me,r o Chapla, Secretary Beard o Adjustment