Loading...
HomeMy WebLinkAboutWA-96-1The City of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department_of Planning 'and Development 7500 West 29th Ave., Wheat-Ridge, CO -80033 Phone (303) 237-6944 Applicant- it C l ~Z/ AN S Address~`_ f-11CS'1 ~(~` pr(r // = Phone 2~Z'S~U~ Owner' ~ f C ~ ( ~ti !qN S Address ~~. ^'t ~=' Phone S/J ~ L- _ Location of request 5~~.(s _- Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit- ~] Flood plain special exception Conditional use permit interpretation of code Temporary use/building permit Zone line-modification Minor subdivision Public Improvement Exception - Subdivision Street vacation _ - Preliminary Miscellaneous plat 8 Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requi'rem'ents. ^ Other ''7 ~ Detailed Description of request ( .S'/O(,-~ ~la0l_ j~ $~(~r$ACj~ r~,. List all persons and companies who hold an interest in-the described real property, as owner, mortgagee, lessee, optionee,- etc. NAME ADDRESS PHONE ::._ I certify--that the information and exhibits herewith submitted are true-and correct_to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent-the requested actior, cannot lawfully be accdmplished. Applicants other-.than owners must submit power-of-attorney £rom the-owner which approved of this act' on kh behalf. ~ C~ -- Signature of Applicant Subscribed and sworn to me this~\ day of ~~, 19. q5 1 ~-' Notary Pu~olic - SEAL My commission expires^a,~-~~ Date Received - Receipt No. ~ Q~ ~j Case No. lJed loe ,sad Ne ................d,Y W......_.....:...... A. D. 1V...... ea,................o'dwk.......a[. ........,............... 14th April THIS PEED, Made this day o[ Thomas A. Rand and Carol S. 1989 ,between said Jefferson of the County of and State of ................._, _....,,,.... aecoxnDx. RECORDED' IN ' COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION N0. 89032853 04/98/89 99 s30 '15.65 - Culorndo, of the first part, and ' Richard L. Evans - ~~ 1947 A, Circle Drive 6atD Pr whoseleRal address is Vai 1, CO 81657 ' ~ ^ S...Y..'.aZ...?~.7....._..._._._. ~r of the said County of Eagle and Stn[e of Colora86, artNF-6EdoH Y[^-' ~ W17?IESSETH. That the said party of the first purr, for an<I in consideration of the sum of ~•P+n6**DD•DD~ a One hundred twenty six thousand five hundred dollars and no/i00ths DOLLARS, to the said party of the 0[st part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does gran[, bargain, sell, convey end confirm, unto the said party of the second part, his heirs end assigns Forever, all the following described ]ot or parcel of land, situate, Tying and being in the Said County of Jefferson and State of Colorado, to~wit: 13 Lot 8, .~ Block 8, PARAMOUNT HEIGHTS, Part Three, County of Jefferson, State of Colorado. ~16 Hillside Drive also known as street and numbet LdkeW00d, CO 80215 TOGETHER with all and singular the hereditamen[s and appurtenances thereto belonging, or in anywise apper training, and the reversion and reversions, remainder and remainders, rents, issues and profits [hereoft and all the vsv,te, right, tide, interest, rlaim and da mood whntsaever of the said party of the first part, either in law or equ i[y, af, in nml to the abm•e bargained premises, witli the heredita ments and appurtenances. Tfl HAVE AND TU HOLD the said premises nbove bnrRained and described, with the appurtenances, unto the said party of the second part, his heirs and nssiRns fm~ever. And the said party of [he first port, far himself, his heirs. exeeutm•s, and ndministrntm•s, does eovenunt.ln•ant, bargain, and agree to and with the snid party of the second part, his heirs and assigns, that at the timeof the ensenlinR and delivery of these presents, he is well seized of the premises nboee eon veyed, ns of Rood, sw•C, pet feet, absolute and indefensible estate of ihheriwncu, in low, in fee simple, and has Rood riRb[, full power and lawful authority to Rrnnt, bm'gain, sell and Convey she same in manner and form as aforesniA, and [hot the some are free nnA Clear from nil former and other Rrnnts, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind m~nnture soever, eXCePt 9enerdl tdxe5 dad assessments for the year 1989, and subsequent years and subject to easements, _ reservations, restrictions and covenants of record, if any. and the nbnred bnrRained Premises in the quiet and P'suceable possession of the said party of the second pert, his heirs and assigns ugai nst ¢It and every Perron or Persons lawfully rl ai minR or to claim the whale ar any pert thereeL thr snid party of [he fi rat port shall rand will WARRANT AND FOREVER DEFEND. The singuly~ number shall inel udr the Dl oral, the PIw~a1 the singular, and the use of unY Rrndvr shall be applicable to nil Renders. IN WITNESS WHERF,OF, the said party of the firatPnrth\els1_he`reunto sye[~his hand an(.d,~sea(L~the da and ear f~i r{@t ubuva•writtrn. j11GJ~t5 T'1~~ r'^ V~~ ~~' `" G~1~s._ f1~~-lSEAW ,__-____-.._._._.._..._.-_. Thomas A. Rand by Carol 5. Rand as his __.. $ ~ .~/(~~. (SEAL] ~2Q~~Y=OI~.LSE.~LI .STATE OFCOLORADU .,4:'Gli, .....,, ~ ss. ;; ia;ir,nuuuuuy,v FountY of Jefferson k F~~ ~ ~ £o ~ 14th aaypf April ~#~. ar~krst,~9,ttmap6 was acknowledged befm•C me this ~„-tom ~-.~rQl' ~.'r?Rand individually and Carol S. Rand as attorney in fact for 3vEhoid~~~l~Q.'~tand '', L C ~ ,19 .W mess my hand and official seal. ` ""at rmm~+'a~mP rroDf `p'`eb October 28 90 . c • . ~ ~ S.~wrrru6L'e.- -. _ ._ _,_ , . __ ~;.. ; - peC F¢L~` 9S2~At. ~ WARR/NTY DEED-For PnetoarepMe R,eoed-'rh< C. F. Haeckcl Co., Denver 329951 f ~_ ~ _ __ Filed for record t6a........._....daY oE ..................... A. D. 19......... at..................o'clock.......M. .................:.................................:......._.........................RECORDER. AecePtion *Io....._ .............................. _ - BY..........._.._.._._..___.___..__.._...__..._..._....__DEPUTY. W W /~ ~rn z ~ L \r~ U a ~ n.. N THIS DEED, Made toss 14th day of April 1x89 ,between Thomas A. Rand and Carol S. said Jefferson of the ~ County of and State of kECOl7DED'° IN ~__ _ GOUNTY OF JEFFERSOiV STATE OF COL012AI70 CZE:CEPTION NO. 85'032853 L+4/18/89 •i 1 t 30 '15. b;'a Colorado, of the first part, and 1~ y~ r` Richard L. Evans whose legal address is 1947 A. Circle Drive ~ CJ 21.3 Vail, CO 81657 ~. ~~ ~~' oftltB said County of Eagle and State of Color3'o; ofttie secatiiil'pRrtr---- W ITYESSETH, That the said party of the first part, for and in consideration of the sum of ~ $126 , 5OO • DD One hundred twenty six thousand five hundred dollars and no/].OOths****** DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the Sa'I d County of Jefferson and State of Colorado, to-wit: Lot 8, Block 8, PARAMOUNT HEIGHTS, Part Three, County of Jefferson, State of Colorado. also known as street and number 16 Hl l l S1 de Drl V2 Lakewood, CO 80215 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the rotate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the saitl party o}'the second part, his heirs and assigns fa•ever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above'conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and Form as afo resold, and that the same are free and clear from all fm•mer and other grants, bargains, sales, liens, taxes, assessment, and encumbrances of whatever kind or nature seever. except general taxes and assessments for the year 1989, and subsequent years and subject to easements, reservations, restrictions and covenants of record, if-any. and rho aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plw•al the singular, and the use of any gender shall be applicable to all genders. iti R'ITNESS WHERF.O F. the said party of the first part has hereunto ster~t his hand]and sea,}~\t~he day andr,_~e]a~r,f~ir.[$t above written. ~\\J__'Yl__Q5~1't~~^ 11Ct ~ l.a~.~Q~ S,`~C.0.1 Cf f\1~ [J1~C~ (SEAL[ _,.______~-__ _____~___..__..___.._-. Thomas A. Rand by Carol S. Rand as his .. _ .3'/t~1tpy-CLP I~ a.E~~, `~ ,~_ [SEAL[ ~._S~-2®l - n'--1.('L! [SEAL] ~~~ _. _._._-- __.._.__-------___.. _.._...._._-. Carol°S: a~ STATE OF COLORADO ~`~~'Ufii~r~iirr ss. ' ~ 1*' ~~p,County of Jefferson ~~oo "+~"`- pg~'F kr it ne t was ac•knowleclged before me this 14th day of April ~„ _ ~s~ut ~.r,.w,: 3, ij b '~~rkl'~.~.'I~and individually and Carol S. Rand as attorney in fact for $h.om A~Rand ' 'r tl ~•-tommiv~sion'e-xpij:es ~ - October ZH , 1990 . W tness my hand and official seal. ~• ~~~ r Sutarg Pu blie. ~ i ~peC Form 932A. WARRANTY DEED-Far Photographic Record-l-he C. F. Hoeckel Co., Denver 329954 +v9~[.r" . Nay b ~3~• ~ -- Design i4'orks (Rj, Hugh M Woods, # 144 Thornton, CO W ed Dec 0611:51:07 1995 ^ Drawing: Plan View ' 24 Design Works (R), Hugh M Woods, # 144 Thornton, CO Wed Dec 0611:51:071995^ Front View `~ `h~~~~ ~ ~~ ~ ~b~~~ L" ~~n~ ~ s' i ~~~~` W ~IESigli b3'or1LS (R), Hugh lY1 W Dods, # 144 Thornton, CO Wed Dec 0611:51:071995^ Rear View 8' Design Works (R), Hugh M Woods, # 144 Thornton, CO Wed Dec 0611:51:07 1995^ Right Side a' /`~ ~.~-~ ~~ J ~~~~ Design W©rks (R), Hagh M Woods, # 144 Thornton, CO Wed Dec Ob 11:51:07 1995^ Left Side 8' 1 ~ ~ ~~ ~~~ LARRY KATTARI Professional EnSlneer ~ Land Surveyor 424-7361 E ~~ff SAD rlLL /~~. WHEAT RIDGE, COLORADO 3790 INDEPENDENCE ST. vertifioate of purvey Wade for .L~irst Federal Savings x loan Association of yenver li ~1~ D\ ~. 03? \ ; ~ ~ __. -.w ~ . ^^ ~1 l;EGAL r~~scRi~>rlur~: -=--- _ _ --, -.- iot 8 in 31ock-i3, Paramount Heights, yart ~`hree, Je3fer `~;_.~_.x...~..,:son.Uountq,-c:olo~sdo „e_ a,. V`' \ e9 ,a 6 Zp \ ~e~. { G3 u/7/EO /ELL"Ph!aNL C.aaLE..: ... u~~' .. ~/p~ I. a` g0 ~ 3 ~!IJEf~T/-/ Z /--E.'E7" r ',: /' ~ ~. ._ N7;9 ~-, i' SOCI/'~~E of ~iV/-OIZ MAT/~N' ,~ /+~lto ~.v T.4/ N STATES ''.° ` TEL Ep Ho N6' '` a5 \~ ~l . \ ~ ~ \~ ~ _. C/S TER //~...~` _- _- _- . ~'~ /HAT/~O~/S GiITEffAL . ~ • ~~• ~ O/,TCH ' • ' / ~,`y sf~r Ufa/ty ..-_`~ -- - //~~,~~ UERs1F1CATIUw: ~ _ .:....Eos~m~nfs.-.. 6y ` ~ '- ~. .:xfxe-'~ '- '-. `gy - -- .~...._~.:..-~.... -/ .1'her~`6y~ osrti ~ ~~ obi. the=~., ~ covP~o~~: \ ' '30th day of ivovember, 19b7, i made ~ / a;survey of the ,improvements in the ` above described property. i found a tri-level brick residence building known as ` sto. 16 1iillside .urine to be situated entirely _ within the propextq boundaries as indicated- herev:ith. i Yound~o' visible evidence of enoroaehment, easement or_right-of-vray'an or"~ a~eross these premises other than indicated on this plat. i • .................. • .... ..... a ..... , a .. ~ ', t ~ i,arry Matt&ri, Yrof. ~ u'ng,. & yPnd Surveyor. ~ ~', volo. Feg. PFO. 796. - :Jr . ,, To Whom It May Concern I have no objection to the owners of 16 hillside drive oonsln~cting any stnict~»re as close as they wish to our shared property line. Michael/C. onecny awnert 18 Hillside dr. Wheat Ridge ,Colo. 80215 _ ~~ LAW OFFICES JOHN G. BRANT PROFESSIONAL CORPORATION 4251 KIPLING ST., SUITE 390 WHEAT RIDGE, COLORAD0.80033 TELEPHONE (303) 431-60]0 DIRECT LINE (303) 431-5034 FACSIMILE (303) 437-]66] December 20, 1995 VIA UPS OVERNIGHT MAIL Mr. and Mrs. Richard L. Evans 16 Hillside Drive Lakewood, Colorado 80215 Re: Power of Attorney Dear Dick and Ellie: Enclosed is -the Power of Attorney for Rick to construct improvements on your Lakewood home. Dick should please date and sign it before a notary public and deliver it to Rick. If you have any questions or require any assistance, please call me. Thank you very much. Very truly yours, John G. Brant JGB/m Enclosure ~, POWER OF ATTORNEY (Real Estate) KNOW ALL MEN BY THESE PRESENTS: That I, Richard L. Evans, of the County of Jefferson, State of Colorado, imposing special trust and confidence in Richard L. Evans, II, of the County of Jefferson, State of Colorado, have made, constituted and appointed, and by these presents do make, constitute and appoint Richard L. Evans, II, to act as my true and lawful attorney for me and in my name, place and stead for my sole use and benefit to construct improvements upon the following described real estate situated in the County of Jefferson, State of Colorado, to-wit: Lot 8, Block 8, Paramount Heights Part 3, known as and numbered 16 Hillside Drive, Lakewood, Colorado -(the property). My said attorney-in-fact is hereby authorized and empowered to do and perform all acts. and to do all things necessary to construct improvements upon the property, including, without limitation, obtaining governmental permits and licenses and entering into contracts for design and construction, with full. power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers contained herein. This Power of Attorney shall not be affected by disability of the principal. Third parties may rely on a photocopy of this Power of Attorney as fully as if they held an executed original. EXECUTED this 2.2 day of December, 1995. ~~ ~ ~~~' Richard L. Evans, Principal STATE OF COLORADO ) ss. ~ u V~ [SEi~L7 _ N tary Public COUNTY OF JEFFERSON ) 0 The foregoing instrument was acknowledged before me this ~a /~~` day of December, 1995, by Richard L. Evans, the Principal. WITNESS my hand and official seal. ~ i iyys My commission expires: t ~' ~~ NOTICE OF PIIBLIC HEARING Notice is hereby given of _a public hearing to be held before the Wheat Ridge Board-of Adjustment on January 25, 1996; 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: A. Case No. WA-96-1: An application by Rick Evans for approval of a 7' side yard setback variance to.the required 1$' side yard setback on property zoned Residential-One and located at 16 Hillside Drive. _-_ _ B. Case No. WA-96-2: An application by T. Casey and Sharon Gahan for approval of a 10' front yard setback variance to the required 30'-front yard setback on property zoned Residential-One and_located.at 41 Hillside Drive. C. Case No. WA-95-33: An application by Holly DeRisio for a 2' 6" side yard setback_variance,Eo the required 5'~-side yard setback on property zoned Residential_-Two and located at ,' 4321 .Dover Street. __ _ - -- - Wanda Sang, City Clerk ~Y ~ _ . Ma S u Chapla, Sec etary To be published: January 11,-1996 Jefferson Sentinel - • - P.O. BOX 638 _ -. TELEPHONE: 303/237-6944 ThBlCity of 7500 WEST 29TH AVENUE WHEAT RIDGE, COtORADO 80033 (Z ~~n ea~ ~idge January 9., 19.96. This is to inform you that Case No. WA-96-1 which is a request for approval of a 7' side yard setback variance•to the required 15` side yard setback _ for- property located at 16 Hillside Drive will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Counci-1 Chambers of the Municipal Complex, 7500 West 29th Avenue at 7'30 P.M. ,_ on January 25, 1996 r _ _ ,_ All owners and/or their legal counsel, of the parcel under consideration mu 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 "'1'h<~ ("tr/-rt<rlr~on C'ity'> -- - , 4 ^ ~ :>s-_r-. 4--~ { "~: (n p 912 401 545 I, ~ G~ ~_~ _y ` R7 c m c NN O ~ m ~ Z ~ 6w - a ~ `~ !C ...._~ ~ _ _~~ tl P 912 401 547 1~ ~' - _ ~ S m m ~ - Z < m v 0 -I n y ~ m- _ P 912 401 548 ~ ~ m 9 D (~ ? < ~I 9 -n n ~ L P 912 401 549 "D _ _.- - - CA m m m I~ ~ __ i TI - y Z fi v es y -I m ~ ~ I ~ ~ II O 1 ` ~ d PS ~ " . 1 - ~ - ~ ¢ 4 h4 3 t~ n ny Y i ~ {4} E~„y ~ n ~ of g ~ ~ `~ p. 9 t~ I m ~ c y~ ~ - = r V ~ r ~ y ~ T iZ pz 1' 03 I - jV ~ S~Cy . 9m o C mn ~o m Km I 2 N m ~ 1 _~_. _. ~ °m ~_ > ~ y 1 m - <~ j #_ ~ _ o n m ~ `- C C m ~ ~ ~ n ~ u ~ ,i m ~ _~ v ~ ~ ~ ~ ~ n ~ i a a S r 9 v ~_ ~ _ }:. f ('~~- I ~' > IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO ~ -rte THE RIGHT OF RETURN ADDRESB._- ~,_ _~ i ~~ ti ~ ~~ d -~ w r ~ .. D-I~~~~()O2 T~~ 333m im ~jT ~ammp CNT CNfJ 32w'~mm pA~ ~~~ ~~ aa~ mai'' $u°Q f~a ~N Qa ° ~ ~ g~°: ~ a ~~>" ~0 8= n".fig =a-~a ~D~ t~m S.. ~_ am p']~ Nmm ~p o~ ~H~ ~ 3 m.. oag '~~ .nD~ p¢C ~~]N 6IDQ F'~~ Imo ~,..... `~i?~ 5,~~_°.~ ~~~p •~~y ~~~p _ ~0N 3 ~~H I nm~ ~~ a ffG°N ~~~ li a.~ s I ' o...N ~'~~m o y ~NN dim b tJ ~ I W ~.31 t? T P E 401 550 I 912 _ ~ ~ . °' ~ ~,...~ o'~a ~W~ f I _ w ~ ~.-~'_ 3 I ~ I I p~~c~' R ~ ~a~ ~~H N ~ ~' f _ a_ - lA D A - ~ ~r °°~O ~ ~ ~S ~ IT m. j N 00, p'_ 6~~ ~' Tv^ ffl G I ~-_ ~y CI ~ ~ ~ ~ U1 -n Zf m y z 1 T 9 ~ '-- '~ . -~ m m LL M ~ qN Fro ~~a coq __ - ~ a 1 ~ to T m_ _ ~ S 3 P 912 401 551 r. ~ - -~ (/1 ~ (n D~3~~'S 9(10 a`°> ~ a s - _ ~ o- _ I ~>s_.. ° ~ 3 ... ~I x ew am ~ ' ~ " - ~ 'D N + k7' A D a 3 uh N A ~ . ~ ~ I `s 1J ¢ r '~ h 9 3 m~ ~ ~ ~ ~ m m m m ~ m 1 i I a . ~ ~s 0 a° a~a "° 1 ~ ~ ~7 -I m -9i z i- - O m ".° M+,.. o A~ g~q a ~ , i~ _3 m R ~ Su°- ~ W ~ ~~ m° ~ ~ .. Dln -~$;~ S ~ g 41 ~ vi ~+ = m fi' ~~A ~ ~ + 3 N~6m~ 'm ~ ' P l 912 401 552 ° ^~ ~ ~ S m . 6ryij C4i 4 _ ~ ~ + g + ~~ w~ ~m3 ~~~ ~.. ~ . {~~ I y t 9 y - - - ~ ~ ~~~ i I n P 912 401' 553 ~ . ~ - o yyy~~~ .-. (n . m ~ ~ ~ ~ D~maw ~~m9 a l Il~ ~ ~ i + ~ ~ ~ .. I ~m3 ~w N ~ I ~ I m ~ ~ ~ hq ~ m n ~ : ~ ~ Q 9~ . o', W A ~ ~ ~ q v N y p~ 1 3J ~ _ Q L" ` t . E___ ~N (~{y tL q <6 n _ I O ~. moo. _ V F" _ o m 3 s, If m M ~ ~~ o ~~ ~ tF # m o 1 ~ ~ ~ S ~ yE ~ i ~-_ 6 Q mw.~ m 5. 1"F q $ m "' °mo - C. In _ g ~. F @ ym o ~ v~ I K ~ .3. 3A 3 O 7 S£ !!YY D +r m m N W F n \ y'" ° ~ ~ ~ N $ ile so m~ _ a3~ n ~ r ` -- 4 m ~ ~ ; n ~ s o f m ~ ~ ~ G. II ~ ~ ~ ~ ~ J m 3- a ~ ~ k ~ ~ O 0 O ~ N ~ m m. D ~ .. 0 CI .. ~ C ~ -Y-'t G m 9 n •~ ~ N J ~. Z m li ~~ 1 _ ~ m' ~ m ~ ^ ~ N o N ~ ~ ^ ~I n r y . <o D ~ 7J m . y n= ~ ~ a ~ ~ y ~ ~ aN 'f1 ti, N ~ ~'o O m p a _ C W. o. 3 9T. S I 8 ~ (p O N O O . e ~ ? U-t o ~ a ~ ~ y ~ ~ m ~ W ~'~ m ^m ~ ~ m ~ ~ 4 N i m t 1 IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO - THE RIGHT OF RETURN ADDRESSr CITB OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: January 25, 1996 DATE PREPARED: January 17, 1996. CASE_NO. & NAME: WA-96-1/Evans _ - CASE MANAGER: Sean McCartney _ ACTION REQUESTED: An application for the approval of a 7' side yard setback variance to the required 15 '_ side yard setback to allow the construction ~of a one-car garage and workshop. LOCATION OF-REQUEST: 16_Hillside Drive _ NAME & ADDRESS OF APPLICANT(S) Rick Evans 16 Hillside. Drive Lakewood, Colorado 80215 NAME & ADDRESS OF OWNSR(S) Dick Evans 16 Hillside Drive __ Lakewood, Colorado:. 80215_. APPROXIMATE AREA: 19,5.82 square f-eet _ PRESENT ZONING: Residential-One PRESENT LAND USE: Single-family residential SURROUNDING-ZONING: N: W: E: and S: Residential-One - - ,~, SURROUNDING LAND USE: N, W, E: and S: Single-family residential _.. DATE PUBLISHED: ,January 11, 1996 DATE POSTED: January ll, 1996 _ DATED LEGAL NOTICES SENT: January 11, 1996 ENTER INTO RECORDe ( ) COMPREHENSIVE PLAN (XX) ZONING ..ORDINANCE - ( ) SUBDIVISION REGULATIONS (XX) CASE FILE &.PACKET MATERIALS (XX) EXHIBITS __ __ ( ) OTHER JURISDICTION: _ The property is within the City of Wheat Ridge, :and all notification-and posting requirements have ]aeen met, therefore, there is jurisdictien to hear this case. Board of Adjustment Staff Report Case No. WA-96-1 Page 2 I. REQUEST The applicant. is requesting the approval of a 7' side yard setback.variance to the-].5' side yard setback requirement to-allow the construction of a 2;4 '. X 24 '' one-car garage and workshop 8'.from the-side-property line (northeast). According to Section..26-10(f) of -Wheat Ridge Zoning Ordinance,-a detached garage or carport developed in the Residential-One zone district must be located 15' from the side-property line. As the site plan (Exhibit A)_ shows, the garage is proposed 8' from the - southeast portion of the property. The applicant believes that the. gradual southeast to northwest slope- of the property could cause a drainage problem if the garage were built to comply with the required 15' side yard setback. The applicant stated that the development of a paved driveway would cause rainwatez~ runoff to drain directly into the existing residential dwelling. _ , The applicant-hopes to use.an existing gravel driveway located on the east side of the house as the proposed access for the garage (,if variance is approved, applicant will need to pave the existing gravel driveway so it complies wish- building code-) _ '_ II. -CRITERIA Staff has-_-the-following comments regarding -the .criteria to evaluate an application__for an adjustment; __ 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. regulation for the district in which it is located? Yes. There is already an existing two-car attached garage located on the east portion of the structure. The applicant is hoping to use the proposed garage to store his boat and to build a workshop. 2. Is-the plight of the owner .due to unique circumstances? No. There are no unique circumstances applied to this case. 3. 2f the variance were granted, would it alter the essential character of_ the locality? No. The property currently exists ir_ a Residential-one zone district,-which allows the development of carports and detached garages. 4. Would the particular physical surrounding, shape or, topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if. the strict letter of the regulations were ,carried out? No. Although, the applicant believes the existing slope of the property creates a hardship that warrants the need of a- variance. Board of Adjustment ,Staff Report page 3 Case No. WA-96-1 5. Would the conditions-upon which the petition for a variation is based be applicable, generally, to the other property within the same. zoning classification? _ _ -- yes. Anyone may apply for the same type of variance, but the conditions may differ. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? No. The applicant is proposing the development of the garage exclusively to allow for additional parking and a workshop at his residence. 7. Has the alleged difficulty or hardship been created by any person. presently having an interest in the property? No. The hardship, if any, lies within the topographical layout of the property, g, would the granting of the variance be detrimental to the public welfare or injurious to-other property, or improvements in the neighborhood in--which the property is located? No. The- granting of the variance would not be detrimental to the public's health, safety and welfare. 9. Would 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 or substantially diminish or impair property values within the. neighborhood? _ , No. The approval of this variance would not have any impact on the surrounding- _ _ -- neighborhood as it is to be developed outside of the sight distance triangle. IV. STAFF CONCLUSIONS - Staff concludes that, although there is a topographical condition that may be considered. a hardship, the existing dwelling currently contains a two-car garage and the: applicant is proposing- the additional structure solely for convenience and additional storage-. If the variance is approved, staff has the following recommendation: 1. The existing gravel driveway. would need to be paved with a hard pack or concrete material at.least 20' back from the street. -ew ~zm nvE ___' ______ J y s ; ! ~I ~i c; ~ _ `~ i ~ s. i " ,. .~ ~ ~ ?s Ow .y ~ v l f E !, y 1 ~ { _~ \~ _~ a, se~l;re D4 ~ / ~°. J ~ I s, ) ~ esr s~ ~ ..~ I{- ~a .o _ 1. _ ~ ~• ae I ~ R~#' I w 3'Si nvE ; ne ~ ~ , ~~~ ~a 8 8 n ~ " - - E }. r .a ~ oz ~ gi gl gl ~ '; z ra w 30iH nn ' .a '' gI 8. s g ~ J ^ i; ve f "~ "~ , ~ ~ ~ I t ~~.~.a :p i 3a I y! q f/ _ _ S6 1 5' s'I g S u H ~ ~i •ly Jp / & ' ~' +. '.'' ~, ~ t ' ~/ t. ~, ,, _ +s N i /r B~:~rS - \\ Q~ t~Jf „ ~4 1 `~ ~ •'!/ ~ I _ ~~ \u/ ~ ae \ \ oti ~ f~ PARANOJNT F I ~ i- h '., I' ~` ~\ $ e i ~~~ of ~ 8 1 ~ wuSrc az a ~_ t i I. ~ ~ s qr: ~ c zpe. /~ - ~ i N v lb u1~~s~aE t~1v`e. . O~~i GI ~L - zo*;=_ D~srR:cr sounDR~ ZON 1 N6 M~cP - PAROE:.~LDT eO~miDRr (DESIGNATES Oh'NE~SHiP) WH~~'cT RIDGE _.~.:_ CITY ~ ~NI ~ ~ INE GOLOR,°~DO -"- WA-=~ EEA'.URE D-N0-E5 M;iJTI?'r- ADDRESSES - N:.,P ADOPT=? _~ne I$, ~99t ,~ D°A4^'wT OP ?L.ArA'ING bV7 S=W 0?"3If - 13r2&`~:. `7~ ~~ .aprx o>o,~~~~ SGAt.E i =a00 _ __ ~XN1131T''A ~~ ~~y~ ~ ; ~,, ~~ 9 ~ \ ti~ \ , ~ ~ `^` . \ ~ ~~ `~ ~ ~~,%~~~ lO~-`G~li Z,p I_ ` ~~ \ ~ ~. o PR~POS~p G~Ra(~E ~~ ~ ~ wce-rcor~ ` ~ ~ \` .'~ '~ ~j Z \ ,~ // ~. ,\ j \ / `~/ ~ (3Y copes o~ LbW~i 6~ '~ Drsign Works (R), Hngh M Woods, # 144 Thornton, CO ~ Wed Dec 0611:51:07 1995D The materials in this garage willeee~- This Price does not include any Special Order Items. Drawing: 3-Dimensional mew xf-lrgrr "g" SEE YOUR SALESPERSON FOR A CONSTRUCTION DETAIL SHEET BEFORE YOU BEGIN YOUR PROJECT. PUBLIC HEARING SPEAKERS' LIST CASE NO• WA-96-1 DATE: January 25 1996 (January 30, 1996) -- REQUEST: An application by Rick Evans for approval of a 7 foot side yard setback variance to the required 15 foot side yard setback pn property zoned Residential-One and located at 16 Hillside Drive. ~ ; Position On Request; ~ ; (Please Check) i SPEAKER'S NAME ~ ADDRESS (PLEASE. PRINT) i IN FAVOR i OPPOSED~i ~ ' ~ i ,~ ~ c _ i ~ i t-~"v~~ c rt ~-~ ~ ~~.s ~ ~ ~- ~ ~. WSEAT RIDGE BOARD OF ADJQSTMENT Pa a 11 MINIITES OF MEETING: Jaauary 30, 1996 4 B. ~e-27`0; ~A-~6-i: An application by Rick Evans for approval of a7' side. yard setback variance to the required 5' side yard setback on property zoned Residential-One and located at. 16 Hillside Drivee Sean McCartney presented the staff report. All pertinent documents were entered. into record, which Chairman JUNKER accepted. Board Member ECHELMEYER asked if the ground between the proposed garage and-the gate is flat or downsloped,~and Mr. McCartney replied it gradually slopes throughout the whole property. Board Member ECHELMEYER asked if the applicant plans on putting his boat onto the existing garage driveway, or put . it right of th_e big spruce, tree, and Mr. McCartney replied that might be better answered by the applicant. Board Member ABBOTT wanted to know if there is a basement to this house, and Mr. McCartney replied not that he-knows of. No further questions were asked of staff. The applicant, Rick Evans, 16 Hillside Drive, was sworn in. Mr. Evans needs the variance so he can build a garage. Board Member ABBOTT asked if there is a basement, and Mr. Evans answered no, it is just a crawlspace used for storage. Board Member ECHELMEYER asked if he_was planning to direct the driveway parallel down to the existing driveway, and Mr. Evans said yes There is a large very nice pine tree and the applicant is donating it to the City to be re-planted in one of the parks if this is approved. Board Member ABBOTT questioned the gravel driveway extension, and asked if he would have to pour concrete, and Mr. McCartney said the building code reads that staff requests ,a 25 foot concrete driv way from-the front of the property from the street. No further questions were asked and no inquiries were received regarding this request. Motion was made by Board Member ABBOTT that Case No. WA-96- 1, an application by Rick Evans, be DENIED for the following reasons: ~\ WHEAT RIDGE BOARD OF MINUTES OF..MEETING: ADJUSTMENT Jaauary 30, 1996 Page 12 1_ A viable code complying location on this property would appear to be achievable. e from paved 2. Arguments by the applicant as to drainag solutions are surfaces was not persuasive as engineering achievable. 3. No below grade haaved surfaces would be in danger by runoff from the p Motion. was seconded by Board Member ROSSILLON. Motion carried 7-0. Resolution attached. ^,^~ No WA~~ An application by T. Casey and,Sharon C' roval of a 10' front yard setback variance to Gahan for app Y ro ert zoned the required 30' front and setback on p p Y Residential-One and located at 41 Hillside Drive. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. No questions were asked of staff at this time. The .applicant, T. Casey Gahan, 41 Hillside Drive, was sworn in. Mr. Gahan said the reasons for the request is there is a large 40 year old tree in the back that they do not want to cut down, and if they did end up building in the back the neighbors to the north would.be blocked of any sunlight they have to the porc~he Mhaveanonobjeatio sttorhisorequest. neighbor saying Y Board Member HOVLAND wanted to know what is that room andt is in the back, and Mr. Gahan replied the living dining room. The a detheipabathland bedroomhe south. They are wanting to exp Board Member ABBOTT stated that the applicant has a good view of the mountains from the reaeo lehwouldujustaenclose wondered wondered since a lot of p P does the the patio and get their space that way, whY applicant feel that wasn't achievable. Mr. Gahan answered the kitchen is right off of that and enclosing the patio. would only give us about approx 7' x 8' addition. Board Member HOWARD asked where are the bedrooms loandeMrin relationship to the area that you want to enlarge, Gahan said one bedroom and the bathroom are in that group, the rest are elsewhere.- \.. 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 30th day of January , .1996. _ .. APPLICANT'S NAME: Rick Evans LOCATION: 16 Hi115ide Drive Upon motion by Board Member ABBOTT , seconded by Board Member ROSSILL_ON the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-96-1 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 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-96-1 , be and hereby is DENIED. TYPE OF VARIANCE: Approval of a 7' side yard setback to the required 15' side yard setback on property zoned Residential-One PURPOSE: For the.construction of a one car garage/workshop FOR THE FOLLOWING REASONS: 1. A viable code complying location on this property would appear to be achievable. 2. Arguments by the applicant as to drainage from paved surfaces was not persuasive as engineering solutions are achievable. 3. No below grade habitable space would be in danger by runoff from the paved surfaces. ~' Case No. WA-96-1 Page 2 VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Rossillon and Walker NO: None DISPOSITION: VARIANCE DENIED BY A VOTE OF 7-0. DATED this 30th day of January, 1996. ~ a o, SUSAN JUNKE , Chairman- Mary o C apla, Sec etary Board of .Adjustment Boar Adjustment