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ADMINISTRATIVE PROCESS APPLICATION ~1Vheat ~Rid~re Department of Planning and Development S 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 - Applicant E5 ~ ~ Y"~' Address3 ~~4"~/~Y~C~y1 Phone ~~-d"?~'.'3 [n~~s-~+~ (gc~9o -l9~ Owner ~',~ y~-~p~ Address ~q yp 2~ Phone Location of request ~~ gY~G1 L ~d Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit ^ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation -- Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other Detailed Description of request ~ICGLS2. yy,~~ ~~~~"" ~ C~LLGZca1C'~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, o ptionee,-etc. NAME ADDRESS PHONE ¢}a~Yla ~-i s ~ 35-0 13 1 ~ -~O ~ ! 3 o •~- Fs I certify -that the information and exhibits herewith submitted are true and_ correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested acti on cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action h's beh alf._ Signature of Applicant SubscTikXed-a?id savor o me is day of 19 - e ota ry Public SEAL - p~ /~ ~/ ~ My ~S D commission expires L-/ 7 Date Received=- - }~L~"'7y'Receipt No. ~/(~~ ~f ~j ~,/ Case No. [Space Above Thle tine For Recwalna Oate] Loon ~: 1280676 DEED OF TRUST THIS DEED OF '[RUST ("Security Instrument") Is made on March 70th .1994 ,among the grantor. James W. Stuart And Patricia D. Stuart _ ("Borrower'), the Public Trustee o1 _ Jefferson Ceunry ('rmstee^), end the beneAciary. Meridian Mortgage Financial Corgoretfon ,which Is organized end existing under Ihe_lews_ of the State of Colorado .end whose address is 2851 S. Parker Rd.. Suite 7130 Aurora. CO 80014 ('Lender'). Bonower owes Lender the principal sum of Seventy One Thousand and 00/100 _ Dollars (U,S.S 71.000.00 1. _ This debt Is evidenced by Borrower's notelteted the same date as Ihls Security Instrument ("Note'), which provides for monthly payments, wkh the full debt, H riot paid eedier, due and payable on Agrll 1.2009 This Security Instrument secures to Lender: (e) the repayment of the debt evidenced by the Note, with Interest, end ail renewals, extensions end modlfcslions of the Note; (b) the payment of ell other sums, with Interest, advanced under paragraph 7 to protect the secunry o/ this Security Instrument; end (c) ifie performance of Bprtowers covenants and agreements under this Security Instrument and the Note. For this puryose, Bonower, In consideration of the deb[ and the bust herein created, irrevocably grants and conveys to Trustee, in bust, with power of sale, the following described property located In Jefferson County, Colorado: The North 75 Feet of The South 150 Feet of The east 750 Feet of The North 7/2 Of Block, Highland Gardens, County of Jefferson, State of Colorado which has the address of 3255 Harlan Street Wheatridge s+.eee car Coioredo 80033 ('Property Address'); 21p Cade TOGETHEfl WITH ell the Improvements now or hereafter erected on the property, antl ell easements, appurtenances, and Ilxlures now ar hereafer a pan al the property, All replacements end additions shell also be covered by this Security Instrument. Ali of the foregoing Is referted to In this Security Instrument es the 'Property'. BORROWER COVENANTS that Bonower is Iawluily sehed of the estate hereby wnveyed end has the right to grant end convey the Property and that the Property is unencumbered, except for encumbrances of record. Bonower wartnnts and will defend generally the title to the Property against all delms end demands, subJec[ to any encumbances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by Jurisdiction to cpnstttute a uniform aecudty Instrument covering reel property. VNIFORM COVENANTS. Bonower and Lender covenant and agree es follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shell promptly pay when due the principal of end Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Texas and Insurance. Subject to applicable law or to a wdnen waiver by Lender, eorower shell pay to Lender an the day monthly payments era due under the Note, until the Note Is paid In full, a sum ("Funds) far. (e) yeady taxes and assessments which may attain priority over this Security Insiument as a Ilan on the Property; (b) yearly leasehold payments or ground rents on the Property, d any; (c) yeady hazard or property Insurence premiums; (d) yeady flood Insurence premiums, it any; (eJ yesmy mongage Insurence premiums, II any; end (Q any sums payable by Bonower to Lender, in accordance with the provisions of paragraph 8, In Ileu of the payment of mongage Insurance premiums. These Hems are celled "Escrow Items". Lender may, et any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federeily related mongage loan may require for BomOwer's escrow account under the federal Real Estate Seltlemenl Procedures Acl of 7974 as amended tram time to Ilme, 12 U.S.C. § 2601 et seq. ('RESPA"), unless another few that applies to the Funds sets a lesser amount. If so. Lender may, et any time, collect and hold Funds In nn amount no[ to exceed the lesser amount, Lender may estimate the amount of Funds due on the basis of current data and rea)SOneble estimates of expenditures of future Escrow Items or otherwise In accordance with applicable law. 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L. ..V Il NOT M N AlLItO YtON wOw TNt tfTAtLI{NMtNT N ItNG, AYILOINO Ow ANY OTMfO ITY CONNfET10NC. At /QtINI~ T I y + ~, ~ "' L /YTY/e IMwwOVfMtNi LINtt• TNf IMwwOV\M^NTt, ^MCtwT Y WHNIM fMt tOYNOAAHt Ow TMt NKNIC^O wAAC1L, tsC^w1 AC MIOWM. ' .: l TO M tNTIIILLK /YOTNtwMOOt, TN.At Ault MO tNCAOAENMtNTC YwON tAlO wAw6tL OY IMwtOV^Mt M'Tt ' Y y /wOM ANY AOJOININ9 wwtMl/tt. tMEtwT At INOICATt O, ANO TNAIIt 1t Np tVINNCt Ow NOTtO+ A .n ~ /:I( t IIWOWNNt OI lAftM.NT/ OA AIONTY 01-WAY YwON tA1D wAIICIL, tMEtwT OAN wYAwDttt ONLY AND It MOT IN/tNOtD TO ttTAtLItN TNt 1 } t L TNN EttTIwICA1t It •01 O0IINOA^N uNt ,w o^tewl^^o w.wuL. Nenlestrnln (F1rst Federal) x ~ .Ltw H !. S4 ~'~'`~" `` q t wttt: 3255 HerLn Street ~~~' />wu„~ f~Y n Aoo , " ~ <,;, t f + .nL^ ee, CnlunMna Title 48 6 ~ ~ F ~ , 2 ' " 3 Ne: 02-552? ~'; ~ ` +~ e.u \v. " ` I A ,k,.. { y l,~, Z! ILIUa L 030-471 j w ,,,D ; Ewat oATr ~ wwlet 530.00 ~ y 1 ~,. ~~~~'.. iF%- .'. A.. IZ ~u~ NOTICE OF PUBLIC HEARING 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 of 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 NE1/4 NE1/4 NE1/4 of Section 26, Township 3 South, Range 69 West, described as Follows: Beginning on the East line of.said NE1/4-25.5 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 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 reccrded May 6, 1974 in Book 2619 at Page 709, except that part described in warranty deed recorded September 28, 1955, in-Book 953 at Page 126, except that part described in warranty deed recorded January il, 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 two main structures on property-zoned Residential-Two. Said property is located at 3255_Harlan Street and 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. -- ~a~,~~ CITY OE WHEAT RIDGE Planning & Development Department Invoice Re: Case No. ~~fl.q~1~q -Date:.. ]_-~~~a Applicant ~Q~ `~\,,` S~~.R~ Address ~,SS ~~ ~ , 1. Publication Date(s) --BOA ~~ Number o£ lines: ~\ fi Amount due: ~ ~ ,ay 2. Publication Date(s) - PC Number of lines: Amount due: 3. Publication Date - CC Number of lines: Amount due: 4. Certified mailing No.~ X $2.60 = ~ ~5~(~(~j 5. Recordation charge: 7500 W 29th Avenue Wheat Ridge CO 80215 (303)235-2846 C ~ C~ ~~~ a P.O. BOX 638 _ TELEPHONE: 303/237-6944 The City Of 7.500 WEST 29TH AVENUE WHEAT RIDGE, COLORAD080033 Wheat •• Ridge July 13, 1994 WA-94-9 This is to inform you that Case No. which is a request for approval of a variance to lot size and width and to allow two main structures on property zoned Residential-Two for property located at _325.5 Harlan 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. PLANNING DIVISION . .. ~ >> "The Carnation City __. _. ~ _ P 918 242 966 1 i m O w 0 O O 3 r m Z < m - I m a z O a ~ ~ ~ n 0 o a c, y~ ~ ~ m ~ ... ~. .~ o i P 9ZB 242 . C 967 _ ~ ~~ W m m m ffl < m Z 4. m ti ~ - I i P 918 242 968 (] 7J W 0 O m n m 1 0 n m '17 m W~~p3 U 11M tt i-~ W l0 e? K A C.i w° ~ ~ W D n -ml G m ~ m y ~ o m a o r v 0 a N ~ n ~I m _D 9 r ~ ~~ °a r~r 1 IMPORTANT. PLACE STICKER AT 70P OF ENVELOPE i0 _~ THE RIGHT OF RETURN ADDRESS. 0 n m a m - - co a --- W Q v O ~ - _ ~ M C m ~ ~ I ?m'"-~ D ~_ ~ m n ~ m m _ m r-- (p _~ ~ m T w.l . -: ~ { i ~ I~ , ? ~:~ ~ .~. I O m n 7 W W rat ~ t~°~ ~ R 4 OJ C~ ~~ su A rt +.1 W Mf ~~ W6 ~~a+~ to Dmy~y~a~~i g~~'g ~33~ NmA .^ a~A - 9" ~mm n~?_= °~93a Jyy ~3 o 'm°a~ a=o m $~~ fro 'm mN 9y=_ ~Qa °"°_ ~ a m° °_ `~ ~ o sm ~ _.. _~e3.s ~ __ ~ ~ ~~~.. T' omm - --- ~ a ~ ~~« ~~ ? .Y-" NQ y ~~3 ,~~~ n 9 9t i'F ~~w $~~ yr ~ O D „°-~ 4a yam $ °O m ; L!. ~ u F_ °o rowv -~, Eoo ~ ~ ffb ~n °~ ~ v ... ~m~ m C) om o ~ ~ m I o ~ - m ~ o~ tltltl ~ 4 I ' ~ o C3 °F~ ~ W r'1 _ ~ o d ~ ~ ~ _ p N3_ ?09 ~' '~3~ m ` ~ ~ m o 'o w ~ 0 co ~I a a ~ 3 Q d w D a ~ _ ~ ~ N _ ~ ~ ~ o T~ ~. y ~ ~ C7 iv ~ £ y. ~ ~ ~ ...t1 c _ ~ ^ ^ ~ m D ~ m ~ ~-' 6 =~D~'o ~n ¢ ~ O= m ~ m a ~ a f m ~. -i < . o ~. m` ~~ Q m N m ~ N d N 3 li7 r ~ y w m m~ o o C R.I . p N_ o ~ ^ ~ ~ .., ~ ~ ¢ ry N D ~~~~ ~ ~ N N ~ I .._ -~ P 918 242 969 ~- ~ 1 I _ _ _~ ~P 918 242 97~ ~ CA m m m m ~m~ Q 1 m y z 7J ~ O ~ m ~` ~ M Cy O ~ ~ •,1 o n gy t ~ ~ m~ ,c» ~ _,4 _ _ vyio~ =P 938 242 973 ~ y n a 'n Z ~ "' a ° Q -~ m - i ~ ~ O y q 7 rt ~ z ~ - r Ho ... ~ 1'S Cy o~ ~ ~ o~ fL A oz £ m ; !~ ~ m 8g ~ m z ~m ! ~P ~ CPi Q z N g l I ~" ~ K Si o$ m ` f ~ ~~ ~ =9 m 9 m~ ~ ' ' ' ~ ° SzN A ~ i y _ !ry9 m ~ r <~ / \/ ~ ~ ~ m ~, v -~ m \ A m A ~ J 'n I m o ~ ' D ~ r m a m~ IMPORTANT. PLACE STICKER AT TOP O F ENVELOPE TO _ ____ __ _ 7}IE RIGHT OF RETURN A DDRESS, r ~. ~~ V) ~ O 3 W ° F .- ~ # ~ ~•i ~ ~! o i- 3 1 m 1 v .. _~n m T co -~ o 0 m n m n m v 1 ~~' ~m ~~~y~?3oo m °~~~' ~'a3^~a a~='~- «~ 0 n~ocG ~ma Z'e LV ~! ~ ~ ap3 mhh ~ 7 rt ~µ ° yam $G° ~ ~ ~ F5,°_ ~wti .~ (.~. vo $9 A Sag ~ d ~~ ~L~_~- R o K 4 rvm DN-I $~D~9C]~2 ~' n~~ N ~~ ~FC~' F ~° 1O'A3 v V' ~"V a °a° a~~ fit ~i rt.... ~ o rt ~ m' n ~ o x f ~ NwN 'E ~ ~b~.sVr !~ i! -F °= oo' ii. ~ °~~ a O E~m ~ = ~ • ~sA o a'A' CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: July 20, 1994 Date of Meeting: July 28, 1994 .Case Manager: Greg Moberg Case No. & Name: WA-94-9/STUART Action Requested: Approval of variances to lot size and lot width and to allow two main structures on property zoned Resident~.al-Two. Location of Request: 3255 Harlan Street Name & Address of Applicant(s): James Stuart 3255 Harlan Street Wheat Ridge, CO 80033 Name & Address of Owner(s): Same Approximate Area: 11,463.75'square feet Present Zoning: Residential-Two Present Land Use: Two one-family dwelling units Surrounding Zoning: N, S, E & W: Residential-Two Surrounding Land Use: N, S, E & W: Single-family ------------------------------------------------------------ Date Published: July 12, 1994 Date to be Posted: July 14, 1994 Date Legal Notices Sent: July 14, 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-94-9 I. REQUEST Page 2 The applicant is requesting approval of three variances, one to lot width, one to lot area and another to allow two main buildings on a single lot. The property is zoned Residential- Two. Section 26-14 (F) allows a two-family dwelling if the lot has a minimum width of 100 feet and a minimum area of 12,500 square feet. In addition Section 26-30 (B) allows only one main building on one lot. The applicant must therefore be granted variances .to both of these sections to allow the current situation to remain. II. SITE The lot currently has a width of 75 feet and an area of 11,463.75 square feet. As per the survey of the property dated 2/28/94 the site contains two frame structures, a detached carport and several sheds. The larger frame structure is the original residence while the smaller frame structure was originally the residences garage. On October 18, 1985 a building permit was issued to the applicant for an addition to the garage. This addition was to make the garage larger and to create a second story storage area. No electrical, plumbing or internal wall details were submitted, however the permit plainly stated that the addition was not to be used as living space. On April 27, 1994 a complaint was registered with the Code Enforcement Department as to the existence of an illegal dwelling located on the subject property. It was ascertained by Ms. Susan Ellis that 3n fact an illegal dwelling did exist on the property and a warning notice was issued. No permits have ever been applied for to allow the conversion from storage space to living space. It should be pointed out that there might have been a complaint registered for the same reason back in 1988, however no file was created and no information can be found. Staff has concluded and agrees with the Code Enforcement Division, that two single-family dwellings exist on the property. This has been derived based on the following definitions and sections of the Code of Laws. Section 26-5 Definitions.: Building, main. The building(s) housing the principal (primary and most important) use(,s) permitted for the lot upon which it is located, and provided that to be classified as one (1) main building the total structure shall have a continuous roof. Dwelling, one-family. A building designed for occupancy by not more than one (1) family. Dwelling, two-family. A building designed for occupancy by two (2) families living in separate dwelling units as BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-9 Page 3 tenants from month to month or for a term longer than one (1) month. Dwelling unit. A building or any portion of a building designed for occupancy as complete, independent living quarters for one (1) or more persons, having direct access from the outside of the building or through a common hall, and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. Family. One (1) or more persons related by blood, marriage or adoption, plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. Section 26-30 (B) Building Lots: Every building or structure hereafter erected within the City of Wheat Ridge shall be located on a lot, as defined herein, and in no instance shall there be more than one (1) main building on one (1) lot except as permitted within a Planned Development District as set forth in Section 26-25, or as permitted by the Planned Building Group (PBG) provisions... It is Staff's conclusion that based on the preceding, the existing living and building arraignments constitute two detached single-family dwellings in which two "families" can and have resided. The two structures that are under scrutiny both fall under the definition of a Dwelling Unit. Both have direct access to the outside and both have living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. Therefore both structures are considered dwelling units. Under Section 26-14 (F) Development and Use Regulations a two- family dwelling is allowed on property zoned Residential-Two. The definition of Dwelling, two-family is a building designed for two families. Note that both Section 26-14 (F) and the definition of dwelling, two-family are in singular, that is one building, and in no instance state plural or multiple buildings. Therefore as the two structures are not connected they are separate ,single-family structures. If both are separate single- family structures both are main buildings as defined by Building, main. If both structures are main buildings, Section 26-30 (B) Building Lots specifically allows only one main building per lot. Therefore a variance to allow more than one main building on a single lot must be approved to allow occupancy of both structures. Because it has been determined that the two structures are separate dwelling units and they are consequently separate housekeeping units. if the structures are separate housekeeping BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-9 Page 4 units it does not matter whether the occupants are related or not. The definition of Family requires that the "family" (related or not more than 3 unrelated) live together as a single housekeeping unit. In this situation the people residing in the structures are not living as a single house keeping unit. Therefore two "families" reside on the subject property. As per Section 26-14 (F), a property zoned Residential-Two must have a minimum width of 100 feet and a minimum area of 12,500 square feet to allow two families to reside on the same property. Currently the site has a 75 foot width and an area of 11,463.75 square feet. Therefore a 25 foot width variance (33.33) and a 1,036.25 variance to lot area (8~) is also required to allow the existing situation to remain. 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 therefore it is reasonable to assume that if the site is permitted to be used only under the conditions allowed by the regulations for the district in which is located, the property can yield a reasonable return in use; and 2. Is the plight of the owner due to unique circumstances? The plight of the owner is not due to unique circumstances as the Tot is of the same width, area and under the same constraints as are the other lots within the immediate area; and 3. If the variation were granted, would it alter the essential character of the locality? The granting of this variance probably would alter-the essential character of the local neighborhood as there are no other twc-family dwelling units on substandard lots; 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? BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-9 Page 5 The applicant has maintained that the only reason for the conversion from storage to living space was to allow ailing and aged parents to be as close as possible and yet allow them freedom of a separate living area. Generally people create separate dwelling units for the purpose of renting the unit. The applicant contends that he will never rent the unit and is willing to attach a deed restriction to his title mandating that the dwelling can never be used by anybody other than family members. Therefore the condition upon which this petition for a variation is based may be applicable to other property it is not for the same reasons that most properties are converted; and 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? ,The purpose of this variance is not based exclusively upon the desire to make more money out. of the property; and 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The hardship has been created by the applicant as no permit was applied for the conversion of storage space to living space; 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 applicant's family has been using the dwelling unit on and off for the last eight or nine years with only one "registered" complaint, therefore the granting of this variance will not be injurious to other property or improvements in the neighborhood as long as it is used as it has been; 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 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 as the structure exceeds the minimum setbacks required for the zoning district. However a permit must be applied for and approved and improvements inspected to make sure the conversion meets minimum building standards. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-94-9 Page 6 IV. CONCLUSIONS AND RECOMMENDATIONS. Generally, the criteria used to justify a variance do not support this request and Staff would recommend that Case No. wA-94-9 be DENIED. If however the Board finds justification,to allow the requests. Staff- would recommend the following conditions: 1. Building permits for the conversion shall be applied for and inspections shall occur to make sure all construction meets Uniform Building Code standards. 2. A deed restriction shall be placed on the title allowing only family members to reside within the unit. In addition, the restriction should state that only the.BOard of Adjustment through a public hearing process can remove the restriction. U' ~ c7 /. m ~ ~ N o / <t "' ~ ^ ~ ~ ~ N ~ ~ ~ ~ ` ~ o ~ / 0 0 0 o N N l0 ~0 N ~D ~' ~O ~ ~ ~~ 3 5~ i N~p~~ ~ ° oz Z ~,, ~ c7 ~ u a. c7 ~- ~ o ~ <r ~' m o ti M ~- _I(L ~ ~ ~ ~ _ In ~ v Ion C7 M M _ ("7 _ ~ C`7 o m M ~ N V ^ ~ M M M fh M ~ M _ ~ M (h ~ ~ ? (7 ° M r i 7 v c M - ~ M 177 N N (`7 t M n N C7 N M In (`7 N ~ r i N N u7 0 ~ ` M ~ ~ U !Q '~ m OAS ~ ~ ? c7 _ ~ ~ ° o In N ~ C7 ~ r ~ o ~ ° 0 i M c7 M ~ 0 M 0 (`7 N ~ V ~ 0 M o ~ x _ ~ r~ r~ ° ~~ M N M v `" ~ N J M W ~ -. v~ i 3530 3515 3510 3505 M 3530 ~ 3500 M W 35Tf-f AVM ~ 0 N ('1 ' ~ ~ N' ( 1 1--1 c 7 o m ~ ~ N ~ M N M 0 r N ~ (+ 7 t0 N 3 N ~ M M N W N 0 ~ ~ 3190 3180 ui 3170 O ~O~ ~I M I U1 I ('~ M ~ 3275 ~ I- r7 N ~ ~ >n J ~ ~ M 0 M ~ v M ~ (h O] N Qi N M (.7 0 ^ 328 7 N o M M ~ N (h N N N N M N c7 3215 o 0 ~ 0 N (`) N C7 -~J~~- E- N o o~c ~ 3195 U 3182 Z 3191 3170 ~ J 165 3130 3127 3110 Z 3109 G ~ ~ o M O 3031 _, 3015 to ~/ ~a ~Xf~l~3i7~s I'l-~a1'o T~KEn~ ~,edm TIfE Srbr ENrlgRrvCE O~ DuR N-amE l~ooKi~~ TH'Rou~~{ D u i2. Covc~.ep I~R-T'io A-T -t~/~c ~ AEG ~c. Live.V~ C~iv~~f' R~-T~ 3 a ss~ft~~-e4a,~ ~/~fo7'o Takc-w ~koin TffE C~~u-r~+~. o F au ~. PA-T(p R-Na LooICiNG /-IvrN6` yn/rt N~~C7-' Q~ O (7'Q, r (TH-~ f ~T10 /g TH'~ r-'oCcf 5 o.F m osT R~LL D U r2. OuTSI AF A'G`riv,f~ ~1'~-f~E m~-y- s~pr~~naEr. Pct. r btu Gu ~{-En~ u iv ~-(' 15 l~e2rn'IA~2rLe~ O~'C°ti'~ieG` ~3, r, ., ..`~'~~Y ,. ~;~a' ~p J z r ~ ~. (~aNr,~ f~' di~w a G 7'!~E S~LEGPr~- SECoN rJ 5'fbk.Y Lr U~~t/G ifrvr~ T~~w r~l2orv6 D u 2 y"({E Sc~A-art p C'o6cr12. Gr~fFiGH' li~f!-N~5 ~konn ~{~~ 5~ p E o F Y~fE 57~Ruc7u~E is Ifra~Ew ~ y •t'Ht Ti2c-E. a ` I,JILLAN'S ENGINEERING, INC. .G. 8471 Turnpike Drive, Suite 200 • Weetm(nster, CO 80030.1303142&1737 ~ IMPROVEMENT .LOCATION CERTIFICATE t Address: 3255 HARLAN ST 9orrorfrtr(s): STUAR7 f Titie search by: FIRST AMERICAN H 985 Comtnithnent no. SAME Loyal Description: PER CLIENT 43 THE NORTH 75 FEET OF THE 90UTH ~~p~' ~~ 150 FEET OF THE EAST 150 FEET ~~j~ rD OF THE NORTH 1/2 OF BLOCN~h ' HIGHLAND OARDEN9, -~ ' COUNTY OF JEFFERSON, ~ -; ~' _n STATE OF COLORADO. ~1~ 1 H ' ~1 _, ID ° " scsl ~s : ~'~=2D ~ N `N tyis J o~ ~ fC5 V Br2 N N !~ y • r~ ml ,ydU•,~c ml al '' ~ #32551 ~CAK Ra2T HAR[AN sr~- /s Mar <ys~ rr.a.w.~ It Ix our InlemrerW on Ihn the above deeeribed property laxted Hdile a Im you nand hxaM boueduy Ie amdma aid, the artea NUDnFed~eyN AdMNnntlon n Nov an mxpe, ~y~ /+ Mq Dxtd 2-4~`f38 ,Map No._D8 S_Q 79 (/W ~j' L ,tone On the bolt of my kiaeledye, InfotrlWlan and he0ef 1 hereby mnlfy thit Jde hnpoyemeM IaYlon onti(inle wu prcpued for MERIDIAN MORTGAGE AND FIRST AMERICAN HERITAGE TITLE CO under my>aprrvinion xod that II is oaf n Lend Swey Plr a Irgnovemeet 3wey I7tl, cad Ihxl it L nM to be relied upon fa the edxblinhmenl of fens, W ildinE. or other fade improvement lino. ! fW her nrtify Ihxt Ne improvetanu a the above dermbcd pvicel on Ihie dtle, ucept u6lily onnepiov and (coos xod hod cxpinp, ue eairely eiNin na baundxtiu afNe poach exapt u nhoen, Ihxuhere ue no en,Ymchmenn upon the dacvihed Remim by improvememn an my xdjain,nE paMxu, exapt a Indiotled, xod thuthem In no xppvem evidence aaian of xny euemea uoeain6 a burdcninE any put aLW d peal, exttpt v sale. 'Ndlce; AccadinE to Colado Ire you mmt commence my leyxl u1ion hucdyppooyy xny defea in lhie rvrvcy eiWin lhae yeva aneryw firrt dlerova and defect. lE noevent.mrynny unon hued upon mrveyy~ aommenrod mac Nu ten yon non the date of the cadncNkn xM1ewn hnnae.• POQ FEGIS! .,~, yo ~~:koyo<F9F , Job No.: 1627-94 •~ ~'~ ~ ! c ' 1 Fee: !'+'M.AS° ~ ~ ~1~5:Jr'~ ~~-~~ ~ ~ • 0~3 r>° CENSUS TRACT NO,: 107.02 Z- P- T~,: "~~~ ,:Q h ! - t` ;;°v ~. ~ - ::, ~ / c INSPECTION TICKET ak _ -~' ~ AOOREU .025`=, s-k,...l.,« ~~..„// 6 OATS: ••• •~~it06.~E TI.?L~L ~ ~ERMIT~I,A k itOO. CONTR. ~\r` e- lF~yit~ . r tUKONTRACTOR //- 1 irE REOUEtTEO '~s~~ INt~1:CTION ': ~ :. NOT SPECIF f NORTH 1CIRCLE FIIOMT) N E ! ^ E OR AtaDYC EIIETONy tETEf AND S0U1050EE0RV'•IONATT/CxED p 1D1 N0. MLCN ~ ~~ L /500 WEET 101h AVENUE e~157•EOM EXT. 156 P.O. ®OX 6D6 t DEPARTMENT OF COMMUNITY DEVEIAPMENT BUILDING INSPECTION DIVISION CITY OF WHEAT PoDGE, 001.0. PERMIT NO ,U•HS ",~~rl Et1EME55 Na[IE ADDRESS DF CEEO iND IM~~RpVEMENT SURVEY REDUIRED ILIICATE 71101E Of TIIE POLIAwA'O OPF•SITE RMROV[RENfb ROIL EXR{rMa•LYRaw,wG. INOL /IIR/111[M[NT1 EFEM NMB TO -IIOVIOE FOR TtgOE MOT NON E%O11MEI YES~NO~ ARE TI[fR Ai11' lrECMI 111d[EEMENT6 MAINST TXI.T MIO/[RTY. YES~NO~L ,,,wWr,.I __ E%IERWR WTERL 1 .+'M trARr Rut IM wew wlYeor Natarr tneRa an init MrR aPrYCetion to sestet!, aM da aol rbbU ll~ TAX tw1ELtW •IY¢aett, IYNt a {tduittl0{N K IM CHY of NMct tRddt n warrnN, ta[aminb s nthktNr of rf tNdl MA ~ ^~'~ ~aRn, tad Nkplltr nrw ort wcwaNl Mat I t1t4t ettd and ayN Ia a9kt N oll TOTAL FEE atn1111Nw rNnM M MN arPPZaibn, aM Mot i awra IWI NElV /or oRlWlanu aitn t!r wntw RM10t wtEW hla N RC) nO KI a1Mr wntm RNdt r!w prrlt. __. __.__~_ ~ ~/ DATE l0~ - ~ '~Rw v 60.R FAST R7/-~Fi ~Ql./Jd.( ~T ~T~M%IMt _ THE 9tOPERTY LOOaTEO AT T,~~O q PRESENTLY YORED~- L+ ~f'~] i0-l4'-$=j EI1dRID PLOOR THE RROPOaEO L0E 1v~LJ6 NOT) ALl2MK0 UIaER THE axllNO oROwuacE. h IS'b GAL!,SYQf6' ~ la~CY•~ EEC~FL00""1..1~~r-- t~ ~ R~ Cp1MENTYS/~~~~g~' ~~~~~t~I ~__~. _, _ _, _ ,_ OTt11 ~[.cP+'~ _"f"Y- ~~--~- s~{ omT '1.~LJ~ !F C3`LLs(iEt.-.6L3LL/s~/1i0/41' £iT". L.L. L j PLRrR REYRWEO.~f-ORll-lar pc) RLUU REVIEREU---I~aQ(~RVr oq Ku~s llPVirwro (-OIOL~AOT Oq I 110 KANS NEEOFD NO KrINS IEEOEOL. ~ NO K1W5 I PYDFA KNM NEEDm MIOw TO ISStlatIlCE OF tM1N5 NEEDED fhlgw ro 139J11NCE OP Pulru REEOED PRIOR ro uwMNEt OI LT w,ECTRIOAI. F[IMIT_- KUMMNi PERMi~~ MEg1//EG1L PE { TuwT IEEUEO ro PowNT Isom ro rtRrr sTUm ro PER wEOUEST ~ PE11 Kr15 NO- PER REQUEST AVER KRIS MO- I!R REOOEYT AS /Ell KAIM NQ_~ MRIPIIOVm Yq ON r1LEMWMYKE A4 M'!RO'VED AND ON PREM WOFFICE AS RPPROrm MOOR F1Ew WOET1OC ~~ 00 ROT M11E PERMT UMTL. CLEARED wY ootaT NAtP[RMIT UNTA OlE1IRED sr aJ*Awm ° c+EEP EUAMRO RgPECroR crlNP wM.aRa ws+ECTat CMEP ~~ Rer~EC7dr w ORT[ ARF oArE aEARm wY wrE ttREP wATnw: ~e a~ 1 CTOII Ct1EP MROatO MXECiOl1 ... _ wr Ot NYt Etrn wa ,[rwP r RctOrYYQ aiT« .Y[ Movewr wT waT«r 4ar1 r ~ 0~lrt'1 YYL~ [ rtrN.r.m ! 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V MYIT ~spr Ml «OIIINIM LrICF tM LLI «NY[CTgMa Y a aN4: LCt1Ya A?RR [RNr~ ~wR"~~MU~44~ M4rE'~',R~l i/M4,6 M •~ VKCfI t MRtF6 M {«L Jae CMIEr EULDn1U IIiSPECT . .4 ~'• ~. .. - .. .... ..{4 3 *:~`"arfK~; M1 3 ~2~"r ~' ark! t.w~n~~: ^'1',-"" ~r _ ~ ~ ~ "" .. w :° ~; .~x; `~.~ - 6 ~ Z~ ,s ~~~, .` ~Y .-~ .._y., _ ~ WA/l SECT N ~,~ x f `~ t f. ~~y' ~ r ., .. • _ r- - >NV._'. I __ ~zXy' r~,+~f~l~ p~Jr..p,-.r~ --- X ~o .WA// ~.1 n l~' L! o.L. CF'NL[ .~ ~`/' .: x to Fkld Intp~y~ .' ,~ ~" k.~ g~ ~ alt/!i ^ ~~-. t ~:I ~n {_ ~U .'Li' ~~k is r! % ~~ c JyG~if ~~ '> ayy 02X11. ~ ~r /JI/1= ,, ~,E; wnil cPl~ ~~ y x- ~ ~~ ~ f ~f .~ ~-~.~ ~. Y .qt iTL?u-0f-n • - ~ W ~Y j -. ~i ~ ' r ''4'~ v ~n:yi- ~:~5:. -~~~ ~~ ~ 9CX~ . ~ < V'~ ~~C?}4 ~~ ~. 1 ~j .~A rr•g@~c.i+ t f 9~ ~ gXO~''"~ `1 ~auc. ~o~~ ,. .~....,: t~ I I ~ ~.' r 1 ~ ~^ w'P'~ ~/r7Jl sECr~~~~ ' _- ,:- _. ,5 .~ L nt L.~k ~M[~ s r~,~. ~~ ~ ~. ~` ,~. o.,., -,~ .. _ .. wr.~___ f.!t J , ~~•' ~ ,,,~ ' 4 j .,. I 1 ~n~ `` ~ ',; r n /' \~ ~~ , ws~w~ i. ~ { 6 `~c`., ~ ~ t ~ . a ~,. ~ ~ u: J 4 .. ~: t:~--' ~= ~Y4, . iii ~ :•. ~JL° F~ ~Af~ •~.~ ~~ _ C... ;e, , his .. ..L.--1---,--~ ~.-. f 7 f _ nn i R^ ert ° F "F i 'f f ~ ~ ~ a.. > r~w~ ,_ ., '~, t`7 r is ~ &w '4r.° } ~ ~ y}Y/ ~. ~.. LLB: ~~ 1 T' f~~ ~~ ~ ~- .k :' ., ~~ j .~ ., ~, a~`,; ~ ~ l~ ~. + ~ ~ ~?d. ;, . _._._ ..~...... _-.---r--- ... _... ..... _ _ .. _ _.._. .... ~ ._....._ __ ~X ,; - (( e. i~ ! ~ ~~ i! Y Y ~~~ ~ t Xu x ,: ~~ ~ ,:. t ~~ ~ .. - - ... .!...__..._.. 1 I -~ ,,, , (~ ~~_ ,. G t ~ ._. _,..... .,___...__ ..._.._.. ._.._~_~...._ _...~_ _ . ~--- Y--- --- T {t{ - r Y Y .~~ 9 ~ ~ ~ rte. ~~~~ ~ ~. _~... - t r~ Y' ,f y. i 1• b~ r r r"yc"'~" ry~ ~`raf 4~ :, A sK :~ * r ~-* j~. s~ } F'~5~',+~~w~yey-~,°- n a 5, ~4~ r~ fig °Yar.~nz~. nj ~F`f` ~ aK~ ~. 4'v ds a 3 / ~ Y ~N. ~ W~ ~ ii i ~~ti ~ ':~}~ s~ SuGy 18~ lg9y Planning and Development Commission City of Wheat Ridge, CO Attn: Mr. Greg Moberg Dear Mr. Moberg, We the undersigned property owners wish to go on record as _ being opposed to the granting of a variance (Case #WA-94-91) that would allow for two main structures on the property at 3255 Harlan Street. This structure is illegal and should not be allowed. We are also concerned that granting this variance would not only legitimize what_has been done, but could also set a precedent for the neighborhood that would enable individuals to construct a second dwelling structure on their lot and then utilize the structure as a rental unit. We want our neighborhood to maintain its single residence status. ~~ ~~~ W at Ridge 3 Ing 1 treet eat Rid , CO 'YYT v '~"' 326 Ingalls Street Wheat Ridge, CO h ~~ 327 ngalls Stre t Wheat Ridge, CO ~QDD ~, ~~, ,~Ry 191 ~~~~~~- . ~q~ Q~~.c ~ -2,a-qS We strongly urge you and the Planning and Development Commission to deny the request for a variance at 3255 Harlan 3295 Hazlan Street Wheat Ridge Colorado July 20, 1994 Planning Division City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge CO 80033 Attn: Mr. Greg Moberg Dear Mr. Moberg: Regarding Variance Case # WA 94-9 We strongly oppose this illegal apartment and urge you not to grant this request. Our concern is that present or future owners might utilize it as a rental. We aze proud of our neighborhood and do not want to see it downgraded with a rental. We thank you for your consideration of our views. Sincerely, (~ ehner G. Davisi G ~O~ Mazion E. Davis ~ ~/2~~-ate- 3275 Harlan Street Wheat Ridge CO 80033 July 19, 1994 Mr. Greg Moberg Planning Division City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge CO 80033 Dear Mr. Moberg: Re: Variance Request Case #WA-94-9 We strongly object to the existence of the illegal apartment which has been built next to our home. We live at 3275 Harlan Street, next door to the subject property at 3255 Harlan. Of all of the surrounding homes, we believe we are the most adversely affected by the physical structure itself and by its illegal use as a living unit. The "apartment" sets as a second story on top of an addition which our neighbor built onto his existing detached gazage. The garage as well as the addition containing the second story apartment aze approximately eleven feet from our property. The apartment has windows which look dsectly down into our covered patio and the entrance into our home. (Please see attached exhibits #1 and #2). We were dismayed when we realized our neighbor was adding a two story storage room to his garage since it would be totally inconsistent with the neighborhood and would be particulazly unattractive when viewed from our side of the property line. (Please see attached exhibit #3). Our dismay intensified when we later learned he was turning the second story storage room into a self contained apartment with all ofthe usual appliances, air conditioning and etc. Following the completion of the apartment, Mr. Stuart's father and his wife have come from California each yeaz in May and have taken up residence through approximately September. Previous to the apartment, they had pulled a travel trailer with them for their annual visit and parked it next to our fence. The trailer is now permanently stored next to our fence. On April 1, 1988, I telephoned the City to see how high I would be allowed to build a fence to shield myself from this new unwanted living unit. I left the details of my concern with a phone receptionist who informed me Mr. Jim Foreman would call me. For reasons I do not understand (Perhaps because of other complaints) Mr. Foreman called the Stuart home before returning my call. He told me he had just spoken by phone to the Stuarts and that no one would be living above the gazage. He told me (to my surprise) that the structure does not comply with Wheat Ridge regulations as a living unit, and that the Stuarts understood this. I told him about the father staying there in the past, and he told me to call him if it happened again. Later in 1988, the elder Stuarts amved and again occupied the "apartment" but we did not have the courage to risk a fight with our neighbor by calling the city. We hoped that N1r. Forman might follow the situation and initiate action without our involvement. This did not happen. Although we occasionally observe other people spending nights in the apartment, the elder Mr. Stuart and his spouse have been the principal occupants. We have absolutely nothing personal against this older couple. However, we do resent their presence as an unwarranted invasion of our privacy and an additional pressure on our living space. We do not want an additional living unit authorized next door and we hope the city will insist on its removal to avoid the temptation by either present or future owners to use it illegally. In fairness to ourselves and other neighbors who look to the city for the protection of our property values through the proper administration of building codes and the permit process, we ask that the applicants request for variance be denied. Thank you for your consideration. We ask you to please make our feelings known to the members of the board of adjustment as they review this case. James W Stuart 3255 Harlan St. Wheat Ridge, CO 80033 RE: Room Above Garage In 1985 I got a building permit to extend my garage and add a room above it for storage. Before the room was completed my mother was diagnosed having cancer. Knowing I would have to take care of her, I finished the upstairs so she could stay in it. She stayed for less than one year before she died. Now my Dad is 82 years old and lives in California. He stays there during the winter. My sister sends him to stay with me during the summer because the heat there is too much for him. He usually arrives in May and leaves in October. Eventually he will have to stay here year round so we can take care of him. I promised he would never be put in a rest home as this would kill him. This room was never built with the intention of renting it tc anybody. It would only be used by my father and family members. Three years after the room was completed I was notified of a complaint by building inspector Jim Foreman. At that time he talked to my Dad and inspected the room. He told my Dad at that time that everything was fine the with the room and if there was anymore problems to just call him and he would .take care of it. Now it has been seven years since the last complaint and another has been made. I called to talk to Jim Foreman and found that fie is no longer with the Building Department. My father and I were under the impression that Mr. Foreman had made any necessary changes to the building department to reflect the fact that he called the room a Mother's-In-Law apartment. Since then I have found our this is incorrect. I had to make arrangements for my Dad to stay in Utah with his younger brother until I can resolve this problem. I am in great desperation to get this matter resolved so my Dad can come here. I have also talked to nine of my surrounding neighbors to find out if this arrangement was of alarm to them, they all said there was no concern on there parts. 2 guarantee this room will never be used as a rental and I am willing sign anything to assure my intentions. ,ZG- 9~ Date my commission expires .~ %~'S 98 July 19, 1994 James & Patricia Stuart 3255 Harlan Street Wheat Ridge, CO 80033 TO WHOM IT MAY CONCERN; In regards to the room above our garage, it has never been our intent to use it as a rental. The only people we have ever had use it is family members. We have no intentions to EVER rent it. If necessary, we will put in our deed that if the property is ever sold, the room can never be used for rental property. ricia D. Stuart ~- i~ -~~' Date / `d Dat e ~~ a~-q ~x~~~' July 18, 1994 James & Patricia Stuart 3255 Harlan Street Wheat Ridge, CO 80033 - , (303) 235-0713 The attached is a petition granting permission to allow my father - and other family members visiting from out of town to-stay in the room above our garage. My father has been staying there for the last nine years. 3f you have no problem with this, we would greatly appreciate you signing. The room over the garage will only be used for family members and will never be used as a rental. Thank you for your cooperation. James & Patricia Stuart NAME ADDRESS PHONE K~-~' ~L\}'S O55"l/ ~2~? 'i-~/ ~YZLP,f~1 S-f , 233 -353` 1.. ~. ~I'1'L, ~m,Dr o~~J 3~ 9 `~ ~ ~-t'~m ~ ~ Z33 - 3.~ 3 g 2 . ~G~I, 3 ~ M ~JZ3S ~ ( j 1a{~Un ~ 1 ~~~~~- (0 5 L)~'j . 5.~ "' Y3r}7r ~ ~ ~ {~G ~r/. ~ ~ 3.,~/l ~ r~~~G,a~J Si 2 3 ~'~~! ~ ~( 3' s . ! . , 7. 9. -- - -- 11 . - - - -- 12. - _ - I 13. - - ,: ^ '~Pi4OTOGRAPH ADDENDUM nppss~mt ~lv~uc.~, ~an9es ti rauicia a,~»pe,tynaareb 3255 Harlan Street _ _ _ _ _ city Wheat Ridge c„mcy Jef£ersDn stem 00 29pcpdv 80033-7417 C6evt Matt than MOrtgaQe Financial FRONT OF SUBJECTPROPERTY REAR OF SUBJECT PROPERTY STREET SCENE SotMmeby Dynamic Computing (319)694-1H7t rnV i utina~rn nuuuruu~r~ A~;~; SI[JAIYP Jatttes & atrici.a r~ro.aad~ 325 flar an treat ary G~heat Ridge ~~~. Jeffer~n smr~ ~ zy,coao 80033-7417 cr cc Meridian Mort Financial detached garage! "in-law" apartment SoFtwmeby Dynamic Computing (314)6441802 S 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 6-0. 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 dwe113ng 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. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 5 Board Member ROSSILLON asked if a deed restriction could be placed on the title, and Mr. Moberg said yes. What that would do is inform the title company and new buyer that the unit above the garage could not be rented out or used by any body other than family members, but it doesn't mean somebody isn't going to do that. What it does mean that i£ the applicant tries to sell it as a two family dwelling, the minute the title company got a hold of that deed restriction the insurance would not be approved. However, there would still be a way to get around this if somebody pays cash for the property. Mr. Moberg continued saying the applicant is willing to do anything he can to keep this and is showing us he does want this £or a family member and does not want to rent it out. No other questions were asked of staff. The applicant, James Stuart, 3255 Harlan Street, was sworn in. Mr. Stuart said the situation is he has an 80 year old father that needs a place to live. He has lived in this structure for almost 10 years. After a complaint was lodged in 1987, an inspector by the name o£ Jim Foreman came out and inspected the property. He went through the whole unit and left a card with a notation that the inspection was okay and he would take care of all the paperwork. Mr. Stuart said Mr. Foreman told him not to worry anymore that my dad could live there as long as he wanted. Ten years later there was a complaint and when Mr. Stuart went to call Mr. Foreman he Found out he no longer works for the City. After checking into this it was discovered that Mr. Foreman did not do the paperwork. Mr. Stuart said the apartment was completely inspected, and was wired complete when it was going to be used for a storage area; all the lighting was in. Mr. Foreman seen all of the drywall, and the only thing added after that was the bathtub, toilet, and kitchen sink. This will be used only for family members. The applicant does not want to removed the kitchen or construct a passageway. This request if for family use only and not a rental and will never be used as a rental and Mr. Stuart will do and sign anything that is necessary. Board Member ECHELMEYER said the permit received in _1985 is very specific in stating this was to be used as a storage unit only. No permit was taken out for electrical or plumbing work, and asked how long after it was turned into a storage area was it turned into a living area, and Mr. Stuart answered it never made it to a storage area, it went directly~£rom being wired and sheet rocked to living quarters. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 6 Board Member ECHELMEYER asked at that point did the applicant contact the City to see it he had a right to do that, and Mr. Stuart said no he did not because he thought what he had was sufficient. Board Member ECHELMEYER asked did he not know in 1985 that he was not permitted to put another structure on the property, and Mr. Stuart answered no. Board Member ECHELMEYER asked if he ran this idea by any of his neighbors and Mr. Stuart replied no, everybody knew his father was living there. Entered into record was the business card with the alleged signature of Jim Foreman, labeled Exhibit 'A'. Board Member ROSSILLON noted that would be Code Enfo=cement and not the Building Department, and Mr. Moberg answered we are dealing with two different inspections. If Mr. Foreman had gone out there it would most likely be Code Enforcement, though he did do building inspections also, but since there is no record, we do not know why he was out there and what he did. Board Member ROSSILLON asked the applicant when Jim Foreman did come to your house what was the condition of the structure, and Mr. Stuart said everything was complete except for the floor being sheet rocked. Board Member HOVLAND asked if Jim Foreman ever questioned the original building permit that stated this could not be used for living space, and Mr. Stuart said at that time Mr. Foreman inspected the apartment and said everything was fine and he would take care of everything. Board Member HOWARD asked if the City ever issued a Certificate of Occupancy for that building, and Mr. Stuart answered no. Board Member ECHELMEYER asked what use is the lower section, and Mr. Stuart answered it is a three-car garage. He added on to his existing garage and then built the unit above. Board Member ECHELMEYER asked then is your father .living on the second floor, and Mr. Stuart said yes, it is one large room with sink and refrigerator plus the bathroom. Board Member HOVLAND asked if there are cooking facilities at this time, and Mr. Stuart answered yes, there is a four- burner apartment gas stove. Board Member HOVLAND asked what is necessary to define a kitchen, and Mr. Moberg said staff would require that all kitchen associated appliances and the kitchen sink be removed. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 7 Board Member HOWARD asked if the sanitary facilities would still be allowed to be there, and Mr. Moberg answered yes. Could the Board request in the motion that the sanitary facilities be removed, and Mr. Moberg answered this would then become an interpretation and have to go through the Zoning Administrator. Board Member HOWARD feels this was portrayed as a storage facility and storage would certainly not need sanitary facilities. Mr. Moberg said the applicant could obtain another building permit and would be allowed to put a bathroom on the second floor. There are garages all over the City that have bathrooms in them. Staff would not recommend that action, but if you do we will have to take a further look at this. Board Member HOWARD asked if this is considered a conforming or non-conforming structure, and Mr. Moberg said right now it is an illegal structure because only one main structure is allowed per property. Board Member ROSSILLON said what bothers him about the whole thing is even if we stipulate that he has to take the kitchen out it is an enforcer's nightmare. Mr. Moberg said this is not a unique situation at all; we have detached garages and mother-in-laws all over the place and people convert things without our knowledge all the time. Board Member ECHELMEYER wanted to know if we make these structures be demolished once they are found, and Mr. Moberg replied generally they come to the Board for variances or come into compliance. Staff does not have the ability to check every property, so it is usually by complaint. Board Member ECHELMEYER questioned in the event the father passes on and he no longer needs a place and then the applicant sells the property, what can the City do to stop this thing from being occupied by another family. Mr. Moberg answered the only thing we can do is require that a deed restriction be placed on the title and really all that does is inform the new buyer that it can not be used as a duplex. Board Member ECHELMEYER asked if anyone is living in the trailer at this time since he noticed there was power leading to it, and Mr. Stuart said no, he just has the refrigerator running. The applicant is building a house in Black Hawk and takes the trailer up there on weekends. After this weekend the trailer will be gone. No further questions were asked of the applicant. Jay Weiland, 3248 Harlan Street, was sworn in. Mr. Weiland lives directly across the street and one house south of the applicant and at this time he can truthfully say this WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 8 structure has never presented a problem. The father has been there a number of years with no problems and he has no qualms about leaving it there. No questions were asked of Mr. Weiland. Mr. Stuart at this time entered into record, a petition signed by some of his neighbors to the south and across the street in agreement with this request, labeled Exhibit 'B'. Ron German, 3275 Harlan Street, was sworn in. Mr. German lives next door to the applicant and objects strenuously to this request. When Mr. German has his conversation with Mr. Foreman differs from the applicants; he got a totally different response. This lot is short by 1/3, and usually one visions a duplex or something side by side for two dwellings. Everything has been squeezed into this one little area and the driveway separates the two homes. Both of the rear doors face each other and the occupants in the illegal apartment look down onto all of that and they feel their privacy and space has been infringed upon and do object to that. Mr. German said to him it doesn't matter if the applicant promises only family members because he does not want anyone living there. -He feels monitoring this would be very complicated for the City. There are a lot of different ways to make this work. It is a hardship on the entire neighborhood and he is strongly opposed to this. Board Member ECHELMEYER asked Mr. German to recall what the conversation was with Mr. Foreman, and Mr. German said he telephoned Mr. Foreman who said this was not to be a living unit and no one would be living there, and that the Stuarts were informed and understood it was not to be a living unit. This call was on April 1, 1988, and at that time the father had not arrived for the summer. Board Member ECHELMEYER stated since Mr. German is the one most directly affected what do he think the applicant should do with this place, and Mr. German answered he would like to have him tear it down. He said Mr.. Stuart does a nice quality job but from our side it is not-an attractive site at all. That side now is a storage for junk auto parts and building materials and the weeds and crabgrass have grown up to the height of our fence. No further questions were asked of__Mr. German. Mr. Ward Hart, 3210 Ingalls Street, was sworn in. Mr. Hart is opposed to this structure. He has no problem with the people living there but is opposed to building two-story structures and second dwelling units on one lot in the neighborhood. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 9 Board Member ECHELMEYER asked Mr. Hart what he would recommend doing with this and Mr. Hart replied he would let him go ahead and use it as long as his father is living, then make him tear it down. No further questions were asked of Mr. Hart. Elmer Davis, 3295 Harlan Street, was sworn in. Mr. Davis stated he has lived at his property since 1953 and his is one of the original homes built in this subdivision. He is proud of this neighborhood but this addition is really a sore-eye. Mr. Davis called the City when this was going up because he recognized this was going to be more than a storage area. The person he talked to assured him this would be a storage area. It is unsightly with a lot of junk in the backyard, but Mr. Davis' concern was the sewer and water taps and asked staff if this requires separate taps. Mr. Moberg informed him that the sewer and water districts are separate from the City, however it is not required to have a separate tap for different units. Mr. Davis is very opposed and said they have a nice neighborhood and wants to see it stay as it is. No questions were asked of Mr. Davis. Robert Chandler, 3255 Ingalls Street, was sworn in. Mr. Chandler said this second story addition looms above all other houses and looks like a watchtower and wants to be on record that he is opposed. Mr. Chandler did call and complain about the situation and aiso.went down in person and complained two different times. He would like to get the area re-zoned to Residential-One and protect the area. Chairman JUNKER asked Mr. Chandler when did he register these complaints and he answered in April of this year. Board Member ECHELMEYER asked if any of these complaints were registered to Mr. Stuart, and Mr. Chandler replied no, this was just among the neighbors. The observations of the unit and what they could see from the outside brought on the complaints. No further questions were asked of Mr. Chandler. Donald Johnson, 3280 Harlan Street, was sworn in. Mr. Johnson stated he has no problem with the dad living there, but is very concerned with the future. No questions were asked of Mr. Johnson. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 10 Board Member ECHELMEYER questioned Mr. Stuart regarding the petition submitted stating they are,in agreement 'to permit other family members from out of town to stay in the room above the garage', and Mr. Stuart said he does have three children from out o£ state and they have stayed there from time to time. Mr. Moberg said the definition of family is anybody related by marriage, blood or adoption. He reminded the Board if this unit were physically attached there would be no need for a variance. Board Member ECHELMEYER questioned the applicant if this could be an ongoing thing, and Mr. Stuart answered yes. No further questions were asked. Motion was made by Board Member ROSSILLON, that Case No. WA- 94-9, an application by James Stuart, be DENIED 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 not support the granting of this request. 2. Granting this variance would require a 33~ variance to lot width and an 8g variance to lot size and is believed to be excessive. 3. The granting of this variance would alter the essential character of the local neighborhood. 4. There were numerous protests registered against this request. 5. The applicant does have an alternative. Motion was seconded by Board Member HOWARD. Board Member HOWARD stated he felt the City has been had from the standpoint when the applicant applied for a building permit to put up this structure it specifically stated that living space was not allowed. The applicant took it upon himself and made sure this building did provide living space. It may be a case. that Mr. Foreman was there and gave his okay or maybe it was a case he didn't. The Board does not know if that is Mr. Foreman's writing. That is a moot question as far as getting an okay to go ahead and make living space out of this structure. It is very unfortunate that it has progressed this length of time. If he had the power to do so he would see that the r, tiucture be demolished because it has been used as an illegal use since it was put up. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 11 Board Member ECHELMEYER thinks the City has been taken on this also and is very surprised the neighbors didn't do something about this in the very beginning. A lot of stuff that has been discussed that occurred before this was even a city. He continued saying the man has a problem and what can he now do with the house.- A number of people would like to support Mr. Stuart as long as his father is living there. He would be very concerned with the sale of this property and feels that it could totally destroy the neighborhood. This is a grouping of lovely single family houses and he is surprised at the applicant in not recognizing the neighborhood. Mr. Stuart has really broken the neighborhood and that is a shame and because of this he would have to go with a motion to deny this request. Board Member HOWARD questioned nothing being in the motion concerning a notation to be made on the deed that this structure is not allowed as a living unit for any future owner of the property, and wanted to know how is that . treated. Mr. Moberg answered they can certainly record the resolution but that doesn't mean the title company will come across it. Any title research should bring this up, but cannot do anything to the applicant's title. Board Member HOWARD stated this is a problem because this is an undersized lot with two building units on it and even though the applicant can make some attempt to attach the two buildings it still does not prohibit on down the road if the property is sold from someone renting that second unit out. This is something that has to be corrected or instill in the deed, or however it is handled, to make sure if this property is sold that the new owner knows the second -- building is not a rental unit. Mr. Moberg said the only thing he can do is record the resolution. Discussion followed. Board Member ROSSILLON offered the following amendment that a deed restriction be placed on the title saying in the event the property is sold the unit over the garage cannot be used as a residential unit, and that the Board of Adjustment through a public hearing process .can be the only one to remove this restriction. Mr. Moberg stated he cannot-force the applicant to put a deed restriction on his title, all they can do is record the resolution. The applicant would be willing to do this if the request were going to be approved. Board Member ROSSILLON said then it will be put on the resolution that it must be recorded that this unit in -- question not be used as a residential unit. Motion for approval of the amendment was seconded by Board Member HOWARD. I WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: July 28, 1994 Page 12 Motion for denial carried 5-1 with Board Member CLARK voting no. Resolution attached. C. Case No. WA-94-10: An_application by Kimberlee Reed for approval of a 5 foot fence in the front yard for property located at 5170 Tabor Street.. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. No questions were asked of staff. Vern Evans, 2755 Indiana Street, Golden, CO, was, sworn in. Mr. Evans is the attorney representing the applicant. He entered into record.a drawing of the proposed fence, labeled Exhibit 'A', and a re-write of the conclusions, labeled Exhibit 'B'. Mr. Evans explained their format of the re- write. Mr. Evans said they do agree with staff uses to analyze issues like the purpose of the variance is no make money, they have not created granting of the variance will not of light or will not be injurious improvements in the neighborhood. 4 of the 9 questions that this; they do agree that t based upon the desire to any hardship and agree the impair the adequate supply to other property or __ Mr. Evans feels this particular house is a unique property and the uniqueness is what is causing them to have to come before the Board. Most properties zoned residential are on local streets but this property is on a collector street. The structure was built around 1900 and the dormers were added in the mid-20's. The property predated all surrounding properties and even the street. The character of Tabor Street has changed over the years and that is the main cause of their problem. Mr. Evans disagrees with staff regarding the physical surroundings. In 1926 the neighborhood did not look like it does today and the street as developed created a hardship. He feels the property can yield a reasonable return. There is also concern with the property across the street from the applicant being developed as commercial. Mr. Evans continued saying he felt the variance would not alter the essential character of the neighborhood. The ordinance says the front of the property is defined as being parallel to the right-of-way. Mr. Cordon's house faces 52nd and therefore, there is already a 6` fence on the right-of- way of Tabor Street. Mr. Evans believed the fence is in the front yard, staff feels it is on the side yard. Discussion followed regarding the applicant's prior request. PUBLIC HEARING SPEAKERS LIST CASE N0: WA-94-9 DATE • July 28, 1994 REQUEST: 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. i ~ ~ Position On Request; ~ i (Please Check) SPEAKERS NAME ~ ADDRESS (PLEASE PRINT) ~ i IN FAVOR ! nanns~n ~ 4~ ~'~,T ' W'2D 321o maatls / ' ~. j. ~ HLGS ~~, 1 ~~ i ., ~ i ~ ~ ~ i i ~ ~ i i ~ ~ i i ~ i ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ ~ i ~ ~ ~ i ~ i i ~ ~ i i , ~ ~ i ~ ~ ~ ~ i i i i , ~ ~ i i i i ~ i i ~ ~ ~ i i ~ i i ~ ~ ~ ~ ~ i ~ ~ i ~ ~ ~ i ~ ~ ~ ~ ~ i , ! j 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 28th day of July ,..1994. CASE NO: WA-94-9 APPLICANT'S NAME: James Stuart LOCATION: 3255 Harlan Street Upon motion by Board Member ROSSILLON seconded by Board Member HOWARD the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-94-9 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 protests registered against it; and WHEREAS; the relief applied for MAY NOT 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-94-9 be and hereby is DENIED. TYPE OF VARIANCE: To lot size and width size PURPOSE: To allow two main structures on a lot zoned Residential-Two 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 not support the granting of this request. 2. Granting this variance would require a 33~ variance to lot width and an 8$ variance, to lot size and is believed to be excessive. 3. The granting of this variance would alter the essential character of the local neighborhood. 4. There were numerous protests registered against this request. 5. The applicant does have an alternative. CERTIFICATE OF RESOLUTION CASE NO. WA-94-9/Page 2 WITH THE FOLLOWING CONDITION: 1. That the unit in question not be used as a residential unit. THIS RESOLUTION MUST BE RECORDED WITH THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE. VOTE: YES: Echelmeyer, Hovland, Howard, Junker and Rossillon NO: Clark DISPOSITION: Variance denied by a vote of 5-1. DATED this 28th day of July, 1994 ~- ~ ~ C ~c~ SUSAN JUNKE Chairman Mary `u\Chapla, Secretary Board of Adjustment Board o Adjustment