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HomeMy WebLinkAboutWA-96-10The City of - - - ADMINISTRATIVE PROCESS APPLICATION - ~Wheat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO _80033. Phone (303) 237-6944 Applicant .1oVC~ tf. t-ia~N~-~~ d~ddress ~~~,~ ~A1~ ~4~~J~Y2, Phone d~3g-2(,5ti Location .of reques Address' gQp ~ 9- j/e/.~.y P o)ne 2. -~. _ '~ N~Ct.i~l ado-~u"'~~ ~~a~~A`(XJ C . tiY/'~l°a'f'~idP~ l~`~l~~ Type of action requested (check one or-more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ** See attached procedural guide for specific requirements.' Description of ., E List-all persons and companies who hold an interest n the described real property, as owner, mortgagee lessee, optionee, etc. NAME Notary Publ: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge-and that in filing this application; I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners.-must submit power-of-attorney from the owner which approved of this action on-:his behalf. Signature of Applicant Subscribed and sworn to me this %S' day_of S EA"L PHONE _ 7 14 .. ~ c~ , My commission- eaxpires ~~ ~-S"-~7 Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code -- Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/- mineral-extraction permit ^ Other _ I~A~~~~ 20-072901-0 w oael -. DEED OF TRUST ~'~i1S DEED OP TRUST ("Security [nstturttentry is ttsade on .... netnh9L^ ........^.°......... . ... 1 .. _ ..:. , atnong the grantor . ................................................. . . .......................... Borrower~^^~6r~'~ ,The Public Trustre of .... . County ("Truuee'~, and the beneficiary, ~'I, ~r"•a'=r ,SnVI*fQS, 13F.NK OF CO,T.ORgnO ...... . ....... . .. ,. r. ............................. . ............ TfL' tlA'ITED 5^_19TES........................... , which u arganizod and existing uq~~tlK ta10h'TN. '9r_U'J." ...... f_P,I~4OOD CO• • 80~ whose address is ............... . ..............................Ce.~ent~ Borrower owes Lender the principal sum o! . , . , , , , • ,f _ ee• Thousand •3i.t iiLtndred •artd ~o (~.10pder'~• • Do14n (U.S. S .. , ?3600; bb , ,), Thu debt is evidenced by Burrower i note dated the same dpryabk onS~~u~y'. trument ("Note'~~vhie}y~gr8~ides for monthly payments, with the full debt, if not paid earlier, due and .This Security Intrument secures to Lender. (a) the rcpeyntcnt of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b} the peymem ofall other sums, with interest, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrowed covenants and agreements under this Security Instrument and the No[e. Parthis purpose, Borrower, in consideration of the debt and the trust herein created, irrcv(~~ and conveys to Trusts, in trust, with pourer of sak, the following described properly located in .......... . ........... . .... County, Colorado: .. ~ ............ . LOT 2, KII.LIASI'S F.ESUEDIV_TSIOPS, COUh*I^.' OF .TFz'F1=4SON, STATE OF COLOP_b.DO. 6800 W 29TH AVE 4dfIL+4TRIDCE which has the address of ........................ . 802150000 ttiutl .......... ..........:.......... . K'ar7 Colorado ..................... ("Properly hddrtss"~; (zyr easel TOGETHER WITH all the improvements now or herwfter erected on the property, and all easements, appunerunces, and fixtures now or hereaRera pan of the property AI! rcplacemenisand additions shallalso be covered by this Security Instrument. All of the foregoing h refemd to in ibis Sect,;ty tmtrument as the "Properly." BORROWER COVENANTS flat 8ortower h 4wfully seized of the sure heeeby conveyed and has the right to grant and atnvey the Properly and that the Properly u unencumbered, except for exumbnnaes of record. Borrower warrants and will defend generally the titk to the Property against al! chime and demands, subject to any ertcttmbrareces of record. THIS SECURITY INSTRUMENT combines uniform coverun4 for national useattd non-uniform covertan4 wi[h limited variations by jurisdiction to constitute a uniform securty instrument covering real property. 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Ihff;~ld LWY~11T:'1 N 2 0 0 . k 1 1. 1 >:~'~~'+77 W.39.A'+rk/I'1Fa'~k%.5T 11-27-3 0'7:'3 5A P~iIC~ E 11 WE"I" NCNE 1NTSl~W G4Y1-1T'r. a N 2 1 0 N 11 1 ';~ ~~ Fna:~,~d M E M O R A N D U M TO: Steve Nguyen ~n,/l~~i FROM: CMeredith Reckert RE: Case No. WA-96-10 DATE: March 29, 1996 This City has received a request for approval of a fence height variance within a sight distance triangle for property located at the southwest corner of W. 29th Avenue and Pierce Street_ This fence will vary in height from 42" (29th Avenue side) to almost 5.5' along Pierce Street (24" high retaining wall with 42" of wrought iron fencing on top). Please do an analyses regarding sight distance visibility. I will also need information regarding accident count. This case is scheduled for Board of Adjustment on April 25th. I will need a written response no later than April 15, 1996. Notice is hereby given of a public hearing to be held before the Wheat Ridge Board .of Adjustment on April 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: 1. Case No. WA-96-10_:___An application by Joyce Harrelson and Naomi Brown for a 42" fence height variance in a sight distance triangle for property zoned Residential-one and located at _6800 W. 29th Avenue. 2. Case No. TUP-96-2: An application by Hans Pedersen for approval of a Temporary Use Permit to allow the parking of a semi and tractor-trailer on property zoned Agricultural-One and located at 4859 Miller Street. 3. Case No, WA-96-11: An application by C and E Communications for. approval of a 5' front yard setback variance to the 50' front yard setback requirement on property zoned Planned Industrial Development and located at-10501 N. I-70 Frontage Road. 4. Case No WA-96-12: An_application by C and E Communications for approval of a 22' height variance to the 32' billboard height requirement for property zoned Planned Industrial Development and located at 10501 N. I-70 Frontage Road. ~, C °` . -- Mary lou Chapla, Secretary Wanda Sang, City Clerk To be published: April 11, 1996 Jefferson Sentinel r' '500 WEST 29TH AVENUE P.O. eox s3a _ j ` ~ _ The City of WHEAT RIDGE. CO 80034-G"c33 - ~ -- -:-- - (303) 233-5900 ~ heat City Admin. Fax ~ 234.5924 -: Police Deot. Fax = 235.2949 Ridge POSTING CERTIFICATION CASE NO. (~.A -'Fb - PLANNING COMMISSION - CITY COUNCIL - OARD OF ADJUSTMENT~(Circie One) HEARI~N/G~ DATE: ~P~'I~UJ ~~, `~~ '. residing at name TF-F /1 . M taaaress~ as the applicant for Case No. ~,~)~}-Cjb-~I(~ hereby certify that I have posted the Notice of Public Hearing at goo ~ . zR ~ ~~ - !^ /(1 o c a t i o n) on this ~V~ day of NDV~ ~ 19'"{jp and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below..'. - Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case £ile at the.-- Department of Planning and Development. ZN ~~ ~ • L. ~ ~ _ :~, ~qir w C - x' rev. OS-19~ .. -- - ,z 1 ,,~^ol< ~~r a ~'~;~; - - .-. c. n~ ~': I^ L ' 111 ~ ;. . ~_: _ _- _ryy :~ a [~ .+' ~...~_ ~._-_ -lo ^ _ rv ~ ` ` Y >; !<'i n . < v' _ ~,. ~>^G c-e_,-. .. ` t-ar" 7500 WEST 29TH AVENUE TfIB Clt Of P.O. 80X 638 _- - -_ Y _ _ WHEAT RIDGE. C080034-0638 -- ~ - -- (303) 234-5900 Wheat City Admin. Fax # 234-5924 Police Dept. Fax # 235.2949 Ridge PUBLIC HEARING POSTING REQUIREMENTS Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Department of Planning and Development. One sign must be posted per street frontage. In addition, the following requirements must be met: ^ The sign must be located within the property boundaries. ^ The sign must be securely mounted on a flat surface. ^ The sign must be elevated a minimum of thirty (30) inches from ground. ^ The sign must be visible from the street without obstruction. ^ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. c:~wp60`fil es~posti ng.frm r~ ,,,:,,~,,,,,,,,,., P.O. BOX 638 - -. - - TELEPHONE: 303/237=6944 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 April 10, 1996 _ The City of ~1Vheat Ridge This is to inform you that Case No. WA-96-10_ - which is a request- for approval of a fence height variance to the 42" maximum height within a sight distance triangle for. property located at 6800 W. 29th Avenue L 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. R M. pn April 25, 1996 All owners .and/or -their legal counsel of -the parcel -under consideration must be present at this hearing before the BOARD OF ADJUSTMENT As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. ~%* It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. _ If you have any questions or desire to review any plans, please contact the-Planning Division.- Thank you. 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Sy ~" ° w ~ Ak Ey -~ a 7fi of ~'f ~~'yy yy M14 N' zy o zm a y ro ~ "n m m ~' m c i a °~i oo Km > v o I ~ 77 ~_ n n y 0- `a ~ ~ _ i ~ V I _ 6 ; i I 9 x ; , a o y m :. ~ 1 I ~~ ~ _ 'IOKER AT TOP OF ENVELOPE TO T OF RETURN ADDRESS. _ _}- > CITY O~WFiEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING: April 25, 1996 DATE PREPARED: April 17, 1996 CASE N0. & NAME: WA-96-10/HARRELSON CASB MANAGER:~eredith & BROWN Reckert ACTION REQUESTED: A fence height variance LOCATION OF REQUEST: 6800 W. 29th Avenue NAME & ADDRESS OF APPLICANT: Joyce Harrelson Naomi Brown 6800 W. 29th Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 9900 square feet. (land area) PRESENT ZONING: Residential-One PRESENT LAND USE: Single family residential SURROUNDING ZONING: N, E, & W: Residential-Two, S: Residential- One SURROUNDING LAND USE: N W S & 8: Single family residential DATE PUBLISHED: April 11, 1996 DATE POSTED: April.-10, 1996 DATE LEGAL NOTICES SENT: April 10, 1996 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plaa (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) 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 ADJIISTMENT STAFF RBPORT CASE NO. WA-96-SO I. REQiTEST Page 2 The property in question is located_at the southwest corner.-., of Pierce Street and W. 29th Avenue. A retaining wall varying in height from 28" (2'4") to 40" (3'4") was built along the property's 29th Avenue frontage and Pierce Street, a distance of 24.4'. A 40" wrought iron. fence was then erected on top of the wall. The construction resulted in a combined fence and wall height of almost 6 1/2 feet. Due to backfilling and grade changes, the final result is a fence which varies in height from 45" (3'9") to 80" (6'8"). See attached Exhibit 'A'. These measurements are taken from the outside edge of the wall. The applicants' contractor started construction of the retaining wall and fence without a permit. A stop work order was then issued. Staff allowed the contractor to continue pouring the wall with "sleeves" for the fence posts to slip into. The portions of the fence in violation were then removed. The applicant is requesting a fence height variance to allow a fence higher than 42" in a sight distance triangle. This law is prescribed pursuant to Section 26-30(I)(2)(a) of the Wheat Ridge Code of Laws in that "No fence, divisional wall, hedge or other obstruction to view in excess of forty-two (42) inches high ....shall be established or maintained on a corner lot within a triangular area bounded by the lot lines and a line connecting points on each lot line wither twenty-five (25) feet from the intersection of such lot lines for local - streets or fifty-five (55) feet from the intersection of such lot lines for collector or arterial streets." Pierce Street and W. 29th Avenue are classified as collector and local streets, respectively. This request also involves a variance to the maximum fence height allowance in the front yard along a small portion of the Pierce Street frontage. Section 26-30(I)(1) states "no fence, divisional wall or hedge above the height of 48 inches shall be permitted within a minimum required front yard ..." In determining fence height, the front yard of a property is determined by the location of the front wall of the main structure. BOARD OF ADJ[JSTMENT STAFF REPORT CASE NO. WA-96-10 Page 3 As the house, which is skewed on the lot, is 19' at the- closest point from the front property line, no fence can exceed 48" (4') within the area measured 19' south of the W. 29th Avenue right-of-way line. The proposed fence along Pierce Street could measure from 58" (4'9") to 64" (5'3") within this front setback area, thus the need for variance. II. REFERRAL This request has been referred to the City's Traffic Engineer who has responded regarding the-fence and accident history of this corner. See attached Exhibit 'C'. The engineer has concluded that this intersection has a significant traffic history which may be due to inadequate sight distance. If the variance is approved, it may exacerbate the problem. There is a large maple tree on W. 29th Avenue which contributes to the sight distance problem. The applicant contends that the fence is necessary to keep cars out of their front yard due to traffic collisions. II. CRITSRIA 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, the property is currently being used as a single family residence and will continue to be used thusly if the variance is not granted. 2. Is the plight of the owner due to unique circumstances. Circumstances could be considered unique as this is a "high accident" intersection. However, there are moray residential corner lots throughout Wheat Ridge located oa collector streets. The fence height standards are applied uniformly. 3. If the variance were granted, would it alter the essential character of the locality. There are no other obvious front yard height exceptions in the area. However, there do appear to be sight distance violations is the close vicinity. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-96-10 Page 4 4. Would the particular physical surrounding, shape or typographical 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. The property sits lower than the street which has resulted in as historic drainage problem for the owners. Construction of the retaining wall should divert flows moving east along W. 29th Avenue. The owners feel that because the property is lower than the street and is located on a high accident corner, the Peace is necessary to keep vehicles out of their yard. 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. A precedent could be established for similar requests if ao hardship or unique circumstances are not found. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. This request is sot economically motivated. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the - property. The hardship is self-imposed. Had the contractor obtained a building permit prior to the wall and fence being built, the building department would have denied the permit based oa the restrictions stated in Section I of this report. 8. Would 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_ No, the fence would not be injurious or improvements in the neighborhood, is located within the sight distance though it is possible to see through sight distance triangle ordinance is purpose of safety around corner fate: to other property however, the fence triangle. Even this fence, the enforced for the rsections. BOARD OF ADNSTNENT STAFF REPORT CASB NO. WA-96-10 Page 5 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. This request should not impair the supply of light or air to adjaceat property or substantially diminish or impair property values withia the neighborhood. 8adaagering public safety may be as issue if the fence does block sight distance. However, from visual observations of that portion of the fence that is currently constructed, it appears that visibility would sot be substantially obstructed, due to the open nature of the wrought iron fence. l080o u7. Z~~' Avg-tctE J _~ ~ ~ ___~ w3]W n~E~ W. 32ND R-3 7 ~~R cr,/ (12 - N ~~n nNO <{ R o t ~Ix I w35 ~E _ R-I ~n 8,~.. J 1i R~~ flL II $ i y R I~ R®®u k ~T 9 k SJi"~-+ -- a 1FiA 'I o W 3oTH wvE a ~ < g, nj ~ 40~. Fi' ~, nvE ~ $ PlaF x 8 +~ R ~ R A _ i ~( `:."' <I J I n ~ -- " ~ ~ ~ R; 8 I ~eL ~~ -1 I ~ .; "b 1 . "~" g - ~ ~ SSA ~. le" ~ mom, F ~ W p,~.: -~~- _ -- '-- ~: " -' - _, a. N: >: n k "' LL r I ~ H 39iY. A~ _ - W. 39TH nVE- o n ~ ~ •• ~ 0 _ _g, _ F. m I a ~ ~1 ~~' g~ I 0 ~~I ~_ i ~ ~ p n ~ ~ ~ i _.4 ~ ._ o C J 1_ n' _... _ -a ti ~]J r- ~. 1- . Phi R-u +~ I f I " ' - ~ y ~es~_ . -- I u~ ~ _ ~ N Fi 4~ _ ...__ ~_. _` L -r °r - ~ _ _ ~ _ _ %', I6W .I\ I ~'~_ I _ jjffLLO ~ ''~ ~ ~~ _ _ ~ ~-t I l a a .l ~ L' ' ofi -~~1 3-iVx' „t+-,2 ~,Zfi ~ ~; ~~ oh ~~~/ y~ ~''~~,a s/ 3~Nad ~ru4lx~ ~ttro ~' ~~-h~,51 ~ ~ro~ ~ "~ ~1'rl2l~Zl .~N t~txl~ -~1/ Hof-,5 ~. 'V 'O '3 y~~-~ ~~~~td ,b,1181HX~ ~i4 "~ZI ~~ •di4 5 , ~ ~~ nlt4id. 1tt°11s ~1n7f ts3/~ ,L m 0 P N r c m Z c EXH{BIT 'B' .~ OLtiSCAITTIIku: Lot 2, Kiltao'a ttafabdlvlaten, County of Joff^raon. Scats of Colorado. s ~' ?~a.. t WraSa 0 .. sraw+d 11 M /.' Ger.. W r, 8 A above ~ ~ M . Feond tj~ die. steel gSDa «~. 7/5175 a>:vlsloN: .nm ~~~~NSW.~~by~ ~~'t`teaEivsiiw~o H~° ;~3 ~'= 10381 !`. Car !~6 ~ V ePo e ~6J~y~: v. 27th. Ara. ~.« ~•::~ ~s!ste3. 1 µ,4 SCALE 1~~30' t hsr^by eartlfy that • Eiatd arrrq ova Ceodregd, under ~y wparrlalen en CM^ date of th^ above deserSbsd build4nta and clot ail lnprovarnu, e^aernea, ri Shta.eE-wy Sn ar dann ee knorn to aie era tortettly shorn en thR shore pUt. ['further urtlEy chat rhos. rre no e~otroaeMeancs b7 sdlor a- tbfa ptepeFt7+ unlosa eth^tyfH not^d. 'fbt^ plat hai bop preperM tsar prior server data eM ehebld not M wed tae eM laeatfen of tucrrs pot~npt Sapeoveeanta. ;eslatored and Srrveyer ~~,..,,,~ NILL SllAY6YING p.0. lIOX 594 5h001lfE1.0, COIARAl10 x0020 Dtfysr: Stra+e 6 wrretsm OrdRr No. tsi. $ed.:leeth Jib Na: 756 Closer: Wry Jo s MEMORANDUM EXHIBIT 'C' A roved Date TO: Meredith Reckert, Planner II FROM: Steve Nguyen, Traffic EngineerGjl~ DATE: April 15, 1996 SUBJECT: Fence height variance inside the sight triangle at southwest corner of 29th Avenue and Pierce Street Per your request I have visited the above site and have the following comments: The recently built concrete wall is posing no safety concern because sight distance is still maintained at this corner. However, anything placed on top of this wall to increase its height will block the sight distance. In reference to the accident history of this intersection, it has a significant record during the past years. I have retrieve records back to 1990 and the following is the summary: Yeaz Type of accident 96* 95 94 93 92 91 90 Broadside (Right angle) 5 8 4 6 4 3 4 Rear-end 0 1 0 0 2 0 2 Side-swipe 0 0 1 0 0 0 0 * 1996 record is from January 96 to-date The above record indicates that this intersection experiences a lazge number of right-angle accidents compazed to other compatible intersections in Wheat Ridge. One of the things that contributes to this type of accident is the lack of sight distance. The Public Works Department feels that maintaining the sight distance at this intersection is a priority. I also included a printout of the accident history for your use. Please see me if you have further questions regazding this memo. cc: John Oss, Senior Project Engineer CTfY OF WHEAT RIDGE -MEMORANDUM TO: Board of Adjustment FROM: Planning Department RE: Case No. WA-96-10 DATE: April 19, 1996 The applicants, Joyce Harrelson and Naomi Brown, for Case No. WA-96-10, an application for a fence height variance at 6800 W. 29th Avenue, have requested their case be continued until the May 22, 1996 meeting. 05/0371996 13-: 06 303-231-9492. JOYCE U H/aRREL90N Attention: Meredith Reckert,Case ManagerlPtanner City of Wheat Ridgc,Colorado 80215-6713 Fax to:(303)235-2857 Date: 5-3-96 RE: Casa Sl: WA-96-IDi HARRELSONI BROWN PROP):RTX ®6800 West 29th Avenue Maii ADDRESS: P,O.80X 607; WHEAT RIDGE, COLORADO PHGE 01 HP,RRELSON andBROWN aze requesting a postponement of our case until July 25th of 1996. Thank you for your assistance in this matter. PoataC Fax Note 7672 ro ~i'~eRcd: r~ Rccl<<K~" ~~ ~3s zg~ 7 ,.~.. F.~. ~:: o~ ~~ r„~,,.. n~ o~b~ planning Division 7-18-96 City of Wheat Aidge Ras Case !WA 96 10 i understand that the fence in question is considered an obstruction of vision. Z happeded to view the fence just after it was first put up, and we could see everything clearly through the rode, day and night. Previous- ly there was a wire wish fence there, en closing dense bushes, and vi th vines growing on it, which was more of a visual Obstruction than the pro- posed fence. There are numerous other corners in Wheat Aidge that are haz- ards because of finces or trees and bushes; to name one, on the MW corner of 32nd 8 Kipiinq there i9 a higher finca closer to the intersection that is considerably higher thaa the proposed fence, constructed of similar ma- terial. I don't blame the residents in constructing s Fence that would hoth pro- tect their property and ba an asset to property value. If I could afford Such a fence, i would dv the same, since thgrB hoe been numerous cars in my yard from accidents that have destroyed bushes, trees and damaged the fence i used to have. Last year a car came across my yard, taking trees and bushes down before finally crashing into my house, causing considerable damnge. After that accident last year, I had a discussion with a Mr. Steve Wynn and he threatened that the residents that live on the four corners of the intersection of 29th G glerce would be faced with losing some of their street-side property to make turning lanes, which would alleviate sal of the accidents on that corner. I don't understand how putting in a turning lane would lessen the accidents in the middle of the intersection, but it was hie solution, as well as tearing out all trees and bushes an all four corners. However, there are no treea,and bushes there that block vision of the stop light, as it hangs in the center o£ the intersection and can be seen from blocks away from aI2 four directions. The first week on .rune, this year, the lights at the corner of 29th s Pierce were malfunctioning, flashing Yed in all four directions. It was a wonder- ful respite tram cara-apeeding up the street to make the lights, from the squealing of brakes then they did not make the lights, and the irritation caused from seeing the care whiz through the neighborhood. i was nble to make a good observation as we had a garage sale that weekends all cars treated ie as a four-way atop, and there wars no accidents or sear-acciden ta. Everyone drove slowly to the corset ahd waited their turn to cross. Several years ago I sent you an article from the Farmer's Insurance Magazine. It was written and researched by Paul Harvey, and he stated that in cities that has a high ratio of accidents on certain corners with stop lights, had installed Q-way stops dig ns and dramatically reduced the number of accidents. I tend to agree, of tar witheaeinq so many motorists speed up to make the yellow lights, and seeing 8o many accidents on cur corner over the years that we have lived here. (18 years) Thank you for taking the time to review my comments. I hope that this will also help~~//th~~e~~c//)a)ss for my neighbors, as I have no objections to the fence, e M. Web~3'~~ 6770 W. 29th Ave. ~t~nn ~ JUL 2 21996 ~4~1J~1J 1~~ ~ ~EV~LOPMEN~' R - -- -. July 22, 1996 ~1"Y OF W~~~TrI~1 ~E U JUt 2 21996 C~~. ¢~LANNING & DEVELOPMENT City of Wheat Ridge Board of Adjustment 7500 West 29th Avenue Wheat Ridge, Co 80033 RE: WA-96-10 6800 West 29th Avenue - fence height TO WHOM IT MAY CONCERN: The wrought iron fence at the above listed property is an improvement to the property and very attractive. It provides less of a traffic hazard than the bushes that were on that corner- as it is open and can be seen through Since the fence is open, the height does not make much difference. Sincerely _, / Jerr L. Johnson Virginia R. Johnson 6801 West 29th Avenue Denver, Co 80215 Original to City of Wheat Ridge Original to Joyce Harrelson/Jane Brown WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: August 8, 1996 Page 10 3. This is a very unusual and novel design for a detached garage. WITH THE FOLLOWING CONDITION: 1. A complete set of certified plans by a registered engineer be .submitted prior to the issuance of a building permit. Motion was seconded by Board Member MAURO. Board Member ECHELMEYER asked if the condition could be enlarged to include drainage and grading details as part of the engineer's report. Board Member HOWARD -felt that was not necessary as that will be included in the plans for a building permit, but he guessed he could add it in. The amended condition read: 1. A complete set of certified plans by a registered engineer containing structural, drainage and grading details be submitted prior to the issuance of a building permit. Motion carried 6-0. Resolution attached. D. Case No. WA-96-10: An application by Joyce Harrelson and Naomi Brown for a fence height variance i5 a sight distance triangle and in a front yard for property zoned Residential-One and located at 6800 W. 29th Avenue. .. "" Sean-McCartney requested a 5 minute T~ce~s." Meredith Reckert presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. Board. Member ECHELMEYER asked weren't there inspectors out while the wall was being poured, and Ms. Reckert replied that Public Works noticed it first and the she went out and issued a 'stop work' order. The forms were already put up and filled. Board Member BCHELMEYER asked if she stopped work on the concrete or iron, and Ms. Reckert answered concrete. Board Member ECHELMEYER asked if the iron is causing the problem and Ms. Reckert said yes. WSEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 8, 1996 Page 11 Board Member ECHELMEYER asked if she would have given a permit if there was no iron involved, and Ms. Reckert said yes. After looking at the calculations, she informed the board that the applicant would be okay if the wrought iron weren't on top. Board Member THIESSEN asked if the city ordinance in the_ works is passed, wouldn't .this portion of the fence be moot, and Ms. Reckert answered yes. Board Member THIESSEN wanted to know if that ordinance is a result of this particular case, and Ms. Reckert stated she thinks it is more of a general concern with other residences as well. Board Member THIESSEN asked is there a time concern with this as opposed to waiting to see if the city passes the ordinance, and Ms. Reckert replied the proposed ordinance really only effects about-the last 5 feet of fence. on Pierce- Street, which is 48" in the front yard. Board Member HOVLAND said there are two different measurements on different pages, and wanted to know which one is correct. Ms. Reckert explained one drawing shows the intersection of Pierce Street and W. 29th Avenue. It shows where the fence begins, the location of the tree, and how far things are from the_edge of the asphalt on both sides. The sight triangle that was established goes so far south on Pierce Street that it wasn't possible to get it all in the same drawing. Ms. Reckert explained both measurements and said that along Pierce Street there is a substantial grade •-drop from the top of the retaining wall to their actual yard. This was illustrated by the next drawing. Board Member ECHELMEYER asked what the height will be in the SOa opening within this proposed amendment, and Ms. Reckert answered the fence along Pierce Street is 24 1/2 feet long. The drawing shows the intersection at 29th Avenue where the fence starts. It is approximately 18 inches high where the concrete form starts with a 40 inch fence on top of that. At the farthest point along Pierce Street it is 3'4" plus a 40 inch fence which makes it 80 inches to the top and from the outside edge of the wall. Board Member ECHELMEYER asked what is in the works with a possibility of going 6 feet, and Ms. Reckert said at the minimum front setback line it will be able to exceed 48 inches if the fence is 80% opened. The wrought iron fence does conform to the 80~ opened. However, staff would not WHEAT RIDGE BOARD OF ADJIISTMENT MINQTES OF MEETING: August 8, 1996 Page 12 support a taller fence in the sight triangle even if the ordinance is adopted. Board Member HOWARD said in the slides there is a measurement of 3'4" (40 inches), and Ms. Reckert said this area is again the retaining wall with the 40 inch wrought iron fence on top. The height_in some places is 6'8" from grade to the top of the fence. Evan Lipstein, attorney for the applicant, was sworn in. Mr. Lipstein showed the video tape showing different views of the site. He talked during the viewing and said he wanted the board to see what the vision is there and what one can see from various vantage points. The case, he feels, presents an unusual situation that really involves an improvement to the site triangle situation on this corner. There was a fence in approximately the same location as the new fence for many years. It was covered with vines and bushes making the vision on the corner very much problematic. The property also has drainage problems and it was this issue that started the whole construction process. The owner built a ~ retaining wall to keep the run-off from 29th Avenue out of their front yard and -out of their house. This necessitated removal of the old fence and the vines and bushes that were obscuring vision then. To provide some degree of security for their front yard they wanted to still have a fence in part because of people, cars and dogs. There is really no serious visual problem. Regarding Criteria #2: Mr. Lipstein said he feels there are some unique circumstances because the intersection may be problematic from the data the traffic department has, but they don't know why or exactly what is causing the problem at that intersection. They cannot relate previous collisions to lines of site. -They also have the unique condition of the drainage problem, the flooding that required the removal of the old fence and the installation of the retaining wall. Criteria #3: Mr. Lipstein said the essential character of the neighborhood is single-family residential and this really doesn't have much to do with the sight triangle. Neighbors will testify that they feel the neighborhood is enhanced by the addition of this improvement. Criteria #4: There is a physical problem being the issue of the drainage. If there was no flooding on this property the applicants would not have had to put up the retaining wall WSEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: August 8, 1996 Page 13 and the old fence would have stayed in place. The sight problem would have been worse than now with the retaining wall and wrought iron fence. Criteria #5. This unique combination of problems probably doesn't exist elsewhere (at least they don't know of any), and there will be no-precedent established unless somebody else on the corner has a sight and drainage problem and comes before the board. They agree with #6, Criteria #7: The idea of aself-imposed hardship. The contractor is here tonight to speak but he did indeed start work without a permit and he certainly should not have done that. The contractor did turn in a drawing to the building department showing a 24" high retaining wall and a 42" fence. It is not drawn to scale, but the numbers were on there. Ms. Reckert interjected that the drawing she showed to Mr. Lipstein was supposed to be with the variance application, the drawing he brought in for the building permit just showed the retaining wall and they were not the same. Mr. Lipstein said that is not what he was told. The homeowner is responsible in complying with the ordinance, and once the matter was brought to the contractor's attention he did try to comply. There was simply confusion that lead to the situation. Criteria #8: This particular wrought iron fence is constructed with 1/2 inch wide bars and 4 inch spaces, and to his calculations it totals 890 open, so it certainly complies with the ordinance coming forward next month. This fence. is not totally transparent, but it is close to that, and there really isn't a substantial obstruction of vision _ for drivers on either street from this particular construction. Mr. Lipstein agrees this should have been handled differently but it is a situation where the property owner has a couple of unique problems and have attempted in good faith to solve the problem of drainage and the problem of security in their front yard. The common sense approach is that this is essentially a transparent fence and granting the variance requested would be an appropriate action. Chairman WALKER asked on the various views they took from Pierce. Street looking westerly on W. 29th, what was the height of the camera at that point, and Ms. Brown answered it was filmed with a hand-held camera. WSEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: August 8, 1996 Page 14 Board Member ECHELMEYER said Mr. Lipstein's comment about this not being a high accident corner has been disproved by the traffic engineer and the report he filed as to the number of accidents over the last five years. Mr. Lipstein said he did not mean to say that this was not a high accident corner, what he meant was why these accidents occur- Bill Funk, 2930 Otis Court, was sworn in. Mr. Funk has lived in the area-for almost 32 years and knows this corner quite well. Safety wise he feels this is a definite improvement. He feels there will always be accidents at this corner, but he can almost guarantee there will be less . with the improvement. The trees and shrubs from the old fence caused more of a danger. One should not have to depend on that stop light (meaning there is no one coming through) to turn. Mr. Funk is in favor of granting the variance. Lonnie Duline, 6805 W. 29th Avenue, spoke saying he has lived there for 20 years and seconds the motion to approve the variance. This is a bad intersection and has-been that E way since it has been there. He warns all of his relatives to slow down no matter what light they've got there or to stop before they go through it. He can't help but think this will decrease the accidents on that corner, and said it improves the whole neighborhood. This will also help the applicants handle their drainage problem that the city could not or did not go in and help. Mr. Duline feels this is a great improvement. Jerry Johnson, 6801 W. 29th Avenue, which is directly across the street and north of the applicant's property. The drainage problem is not only on 29th Avenue it is-also a drainage problem that goes across his property. Mr. Johnson said there was an old drainage ditch many years ago, in the 20's and 30's. Anew subdivision was built and all the paving and landscaping increased the flow of water that comes down and through the properties. They put a drain in and building the berm helped, but it still could not handle the amount of water, sometimes there are 8 inches of water _ coming through their yard. They also did some landscaping on their property and that helped some. Mr. Johnson feels this is an improvement from a traffic standpoint and from a drainage standpoint. Linda Larson, who lives to the west of the applicant's property, feels they have done a real good job with the aesthetics of the property. She said when she goes out of WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: August 8, 1996 Page 15 her driveway she can see quite a-few feet down on Pierce and feels this really helps with the vision and the safety. Patrick Espinosa, the contractor of the fence spoke saying they were cleaning up the area on March 10th when the Chief Building Inspector stopped and asked what they were doing. Mr. Espinosa told him they were getting ready to put up a fence. The inspector asked Mr. Espinosa if he had a permit, and he said no, he then came right down to the city and applied for a permit. The permit was issued on March 11th. They were getting ready to pour concrete. when Meredith and a gentleman from the building department came down and asked him to stop work because he did not attach the plans with the permit. Mr. Espinosa said he did turn the plans in. Ms. Reckert said to be honest the drawing that was turned in did not reflect what was happening on the property. Chairman WALKER asked what time element expired between the time they first saw him starting, and Mr. Espinosa said-just two days. Board Member ECHELMEYER asked if the steel piping and height above the wall had been taken into consideration when the original plans were submitted, and Mr. Espinosa replied yes. Board Member ECHELMEYER asked if he did the steel work, and Mr. Espinosa answered yes. The original. plan incorporated the cups for the posts to fit into_as well as the height. Board Member THIESSEN said she misunderstood that the original plans submitted were for the retaining wall and did not include the ironwork on top. Ms. Reckert entered into record a copy of the original plans labeled Exhibit 'C'. Board Member THIESSEN commented that that they have heard a lot about the property in regards to the drainage, have been approved for the retaining been such a benefit to the drainage, what is in question tonight. Ms. Rey she wanted to clarify uniqueness of this and the applicant would wall which is what has but that is not really ~kert agreed.- Lonnie Duline spoke again saying there is a good number of cars that have went into their yard and some have even hit their house. This fence that is so much in question is there for aesthetics but also to keep the cars out of their yard. The strength of the fence seems to be sturdy to keep most of those cars out. WHEAT RIDGE BOARD OF ADJQSTMENT ~ MINIITES OF MEETING: August 8, 1996 Page 16 Board Member THIESSEN expressed her concerns and wondered why the board is looking at this tonight when there is an- ordinance in the works that may take care of it without granting a variance. Ms. Reckert explained the ordinance will take care of-.the small portion of fence that is in the front yard but it does not do anything with the sight triangle, and that is the issue here. Board Member THIESSEN felt there was a worse sight problem there before when things were within code. Ms. Reckert added she did not check any code files to see if the applicants had been cited for violations. Board Member THIESSEN said it looks to her like there is still a tree and a bush that is more of a problem for sight than the fence itself. Ms. Reckert commented there is a beautiful, almost 5 foot in diameter, Maple tree there. Jerry Johnson spoke again saying putting in this new fence has opened up that corner for sight. The bush they are referring to is behind that 19 foot portion to the front of the house and doesn't affect the sight triangle. The tree is the only possible problem, however, a small car still has a perfect view now as it is now. Gary Shaver, 2880 Pierce Street, spoke and said that he agrees with all that has been said. He has lived there 12 years and has probably seen 24 wrecks at that intersection, and he feels the speed limit is what is the cause. There is high volume traffic on 29th and on Pierce Street. His _ _ opinion is that it doesn't have anything to do .with the site now that it is cleaned up. Cars have gone into various yards over the years and he thinks the speed should be slowed down. Board Member HOVLAND asked staff what grounds is there for a continuance pending the outcome of the possible ordinance, as this effort seems to be wasted if that should pass. He does not think the sight distance is really an issue, but more the issue of the fence height. The Board has had many cases before and never granted a fence height that is beyond the limits. The ordinance might make some of this a moot point. Ms. Reckert reminded him they will still have the issue of the sight triangle. Board Member HOVLAND said he realizes this has been continued several times already and is sure the applicant and everyone involved would like some resolution on it, but will it all be in vane. WHEAT RIDGE BOARD OF ADJUSTF~N'.C MINUTES OF MEETING: August 8, 1996 Page 17 Steve Nguyen, traffic engineer for the city, stated that the concern of the Public Works department is the fence, not the wall. The intersection is signalized but the people going north bound on Pierce and making a right turn going east has to sight the traffic coming from the west. Mr. Nguyen entered into record two photos labeled Exhibit 'D', that shows how a motorist making a right turn onto W. 29th would view the traffic from the west. The motorist making a right hand turn does not have the same view as from the front looking into the fence. The visibility is almost zero. Mr. Nguyen said the main objective of a sight triangle is to provide the turning traffic with adequate distance so that they may execute a turn safely. Anything that obstructs their sight line increases their time and distance to make a turn safely. A fence or anything else that is in the sight line therefore increase the distance and more than likely will be an accident because that is not enough time to react due to inadequate sight distance. As you can see in the first photo, the wrought iron fence where the motorist have to view have no vision of an oncoming car to the west. Board Member ECHELMEYER asked Mr. Nguyen if he prepared the report for Ms. Reckert and what did he find in the type of accidents, and Mr. Nguyen said yes he prepared the report and he found predominantly the accidents were broadsides. He did not actually study the citations, but there were no particular reasons why they ran the signal. Board Member ECHELMEYER asked if the accidents seem to occur on Pierce or on 29th, and Mr. Nguyen said there is not a predominant direction as the accidents occur going all four directions. _- Board Member ECHELMEYER wanted to know if there had been any accidents since the wall went up in March, and Mr. Nguyen replied two on March 4, and another one in June. Two broadsides and one rear-end collision (which he feels did not have anything to do with the sight distance). Board Member HOVLAND asked if he knew the direction of the vehicles, and Mr. Nguyen said the two accidents in March were collisions between north bound and west bound. The one in June was the rear_end collision. Board Member THIESSEN asked his opinion if the accident was caused more by that tree or more by the fence. Mr. Nguyen said the tree is mainly the problem but the minimum distance that is used is south of the tree and the-line pretty much blocks out the sight. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: August 8, 1996 Page 18 Board Member THIESSEN agreed it is not open when looking at the fence from an angle. Board Member HOWARD asked if there are sight distance triangle problems on any of the other three corners, and Mr. Nguyen replied yes there is. Ms. Reckert said the proposed ordinance says that a fence that is S0~ open; can be over 6 feet high in the front yard. It says that within regulated sight distances it can be approved if the Director of Public Works, Police Department and Zoning conclude it is not a hazard. In this situation it can pretty much be concluded that it is a hazard. Board Member ECHELMEYER asked Ms. Reckert if she knew where the other sight hazards are on that corner, and she replied the northeast corner has a sight distance problem as the house is set closer to the sidewalk and they also have a 6 foot fence. Board Member THIESSEN commented there is safety in theory and safety in actuality. Safety in theory is statistics and reports, where safety in actuality, nobody is more concerned about that than the people who live in the area whose safety is at risk day in and day out. It seems like most of the people from that area feel safer as a result of this fence. That doesn't take away the fact that we have a problem with the possibility of setting a precedent she is concerned about its possibility that the unique characteristics of this property may be more due to the drainage. The tree is an unique characteristic also. The uniqueness of the drainage is not a concern at this point because we are talking about the fence and-not the retaining wall. She is feeling pulled both ways. Board Member ECHELMEYER said he was also pulled both ways because he can hear the accidents from where he lives. He also sees the people whipping down Pierce Street. He wanted to know how to relate this to the other times the board turned down a request. There is a possibility if the amendment goes through, the last 3-4 feet of this fence could be slanted to comply with the 6 foot height. Board Member ECHELMEYER felt this should be looked at for six months to see what happens in the way of accidents, because he really feels this is a real problem. Chairman WALKER asked if that was a suggestion for a temporary use permit, and Board Member ECHELMEYER said he feels the board should put this thing on hold until the city has had an opportunity to take a look at the change. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: August 8, 1996 Page 19 Naomi Brown spoke on the history of this site with the accidents and cars that have ended up in front yards. Upon a sight visit Mr. Middaugh said he personally could not see anything that would interfere with the retaining wall and fence. This has cost .them a lot. To start out with something so simple and it's now a real serious tragedy. Bumper posts were placed around the corner on Pierce and 29th Avenue. She feels the accident problem is mainly speed and traffic and has nothing to do with the fence. Board Member HOWARD asked staff if there was a traffic count both on Pierce and W. 29th, and Mr. Nguyen answered yes, but he does not have it with him. Board Member HOWARD wanted to know if that traffic count justifies a signal at that intersection. Mr. Nguyen said to make a determination there would have to be a warrant study done, and without that he cannot tell. Board Member HOWARD commented that might eliminate some of the problems if every car that got to that intersection had to stop. Mr. Nguyen said it would .take at least two weeks to get that data. He added even having stop signs will be another negative effect because there is not a single stop sign on Pierce from 44th to 26th. Motorists would not be expecting a stop sign, so they would run it anyway. Ms. Harrelson said they can learn there's a stop sign, but Mr. Nguyen said if they can learn there's a-stop sign, then they can learn there's a signal too. Board Member MAURO said taking a tally of the accidents is not going to tell why the accidents occurred. Discussion followed regarding reasons for accidents and perhaps postponing the case. Board Member WALKER suggested having the iron part of the fence put back up to see how it would look, and asked how long can the fence be up. Ms. Reckert answered they had hoped to resolve this tonight but it doesn't sound like-that is going to happen. It could be requested to have the fence remain up however it could still be a.month to a month and a half before the ordinance gets passed. Board Member THIE$SEN asked if this ordinance limits the height, and Ms. Reckert said yes, it limits it to six feet. WHEAT RIDGE BOARD OF ADJIISTMENT pgge 20 MINIITES OF MEETING: August 8, 1996 It was suggested to put up a 'no right turn on red light' sign on northbound-Pierce for the drivers that would be making a right turn onto 29th Avenue. Ms. Harrelson offered if the concern is safety then 'no right turn' signs should be placed on all four corners, and Mr. Nguyen replied that request would be for the Director of Public Works to decide. Ms. Harrelson added the reasons for the accident is not because of sight distance. The signal hangs in the middle of the street with no obstruction. Ms. Reckert said it sounds like there is more information that people would like us to gather, a continuance could be put on our September 12 meeting unless Mr. Nguyen needs more time. Chairman WALKER agreed and mentioned leaving the fence up. He said the unfortunate thing is_ this board is trying to give the citizens permission to violate a city ordinance. That is not to be taken to lightly because of the safety issue. Board Member THIESSEN said she is not sure what information is being asked for, she had asked about the ordinance pending; that was her concern for continuance. As far as the other information goes, they are bound by their criteria and the city code and have to pay attention to the traffic engineer. They will postpone it to see the results of this possible change. Ms. Reckert suggested to postpone it until council makes a decision. Motion was made by Board Member THIESSEN, seconded by Board Member ECHSLMEYER to continue this matter until the board knows the outcome of the ordinance from city council. Board Member HOWARD asked if this is a continuance for decision or for additional information and discussion. Board Member THIESSEN said they have to make their decision in a public hearing---so it will be continued for a decision. Board Member HOWARD added he thinks they are anticipating what the ordinance is going to be and even with the ordinance there will still be the variance request. The ordinance is not going to encumber everything that is in this particular case. Motion carried 5-1, with Board Member HOWARD voting no. WSEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 8, 1996 Page 21 Board Member HOVLAND asked if the fence would stay or go. Discussion followed. Ms. Reckert said clarified by saying the reason the board wanted the fence up was to go out and physically see it, and that has happened. It was not to see if there were any accidents. Motion was made by Board Member THIESSEN that the fence be taken down. It was noted that no motion was needed as the part of the fence that is in violation has to come down anyway. 5. CL058 THE PUBLIC HEARING 6. OLD BIISINESS 7. NEW SIISINESS A. Approval of Minutes: Motion was made by Board Member MAURO, seconded by Board Member THIESSEN, that the minutes of June 27, 1996 be approved as printed. Motion carried. 8. ADJOIIRNMENT Motion was made to adjourn the meeting and carried. Meeting adjourned at 10:25 p.m. M~L1,uP ~ Se PUBLIC HEARING SPEAKERS' LIST DATE: August 8, 1946 CASE N0: W,A~9S7.-10 (July 25, 1996) REQUEST: An application by Joyce ftarrelson and Naomi Brown for approval of a fence height variance in a sight distance triangle and in the front yard for property zoned Residential-One and located at 6800 W. 29th Avenue. ~ ; Position On Request; ~' ; (Please Check) ; ~ SPEAKER'S.-QME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~ _ i ~ ~. '~" _ ~_ _. - r i i i ~ 13/L L ~"rJlJ.1~ a q 3~ 4~5 C i ~ ~' i ,.__ >P~CR,. ~ronJ~ ~~~ ~K~, SP~-~~. i !-- ,. -; _, -; -, _, _ , 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80275 August 30, 1996 IVIr. Bill Echehneyer Board of Adjustment 2695 Newland Street Denver, Colorado 80214 The City of ~~pF WHEgT~O i Wheat Ridge - CO~ORA~O RE: Accident Collision Diagram for 29th Avenue and Pierce Street Dear 1VIr. Echelmeyer, Attached please find the collision diagram for the above intersection. I have gathered the accident records from 1992 to date. The predominate accident pattern for this intersection is right-angle accidents. There is no particular predominant direction for the right angle accidents. I have counted the right angle accidents with respect to the direction which they are conflicting each other and they are as follow: Direction of Travel S&E S&W N&E N&W number of accidents 4 4 6 11 Each accident is labeled with case number, weather condition if unusual such as icy, wet etc., most apparent human contributing factor, time and date of accidents. I hope the collision diagram aids you in reviewing the accident history at this intersection. Please feel free to call me at 235-2862 if you have any questions regarding this matter. Respectfully, Steve Nguyen, P.E. Traffic Engineer (303) 234-5900 ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 COLLISION DIAGRAM `°~'~" W. 29TH AVE. & PIERCE STREET Cftt OF WHEAT RIDGE cm WHEAT RIDGE ~BY~ sTLVE NQ1'Q' ENGINEERING DMSION rEwoD ~~~, yb ~ ~~0~ % DATE At>GUST a 1996 N0. ACCIDENTS BY TYPE YEAR _ _ - TOTAL PRA. DAlM[E p1,AlRY FATAL LIGHT DARK YET % 6 _-. -- - ~ S 94 5 93 G 92 6 NUMBER ^F ACCIDENTS C12 MONTHS PERIpD> 12115 PM WET iL10 AM TH 01/04/96 TU 01/16/96 NOFtTI--I 3 PROPERTY DAMAGE 96-303 96-1201 ONLY - 3 INJURY pR FATAL ~ ~nuy~,~ N'~ Opt "` ~ '" ~ V~w s Ll 6 TUTAL ACCIDENTS ~~ ~l n . ( 10155 AM ICY -- -- --- - - ----- FR 01/26/9 6 96-1995 - vv - n'' ~°~'rG~ 3.30 PM fcs gun Mp 03/04/96 11100 AM 96-4744 TU 06/04/96 1155 AM 96-11952 Mp 03/04/96 ~° ~~'w~'"k ` 96-4726 ~~~ tt tv/~in.'t ~ r ~ W ~ z 29TH AVE. W ~ . STREET NAME w ~ U K w N a - L E G E N D ~ ~ SHOW FOR EACH ACCIDENT -D- VEH. MpVING AHEAD -~Oo-- HEAD - pN (EFP VEH. BACKING UP ~ HEAD-ON SIDESWIPE I, TIME, DAY, DATE --~ PEDESTRIAN _pp_p REAR END 2. WEATHER AND RpAD ~ TRAIN pR TROLLEY -gyp pVERTAKING SIDESWIPE SURFACE - IF UNUSUAL PARKED VEHICLE -''`~ CONDITION EXISTED _ ~ FIXED OBJECT ~ RIGHT ANGLE 3. NITE - IF BETWEEN p PROPERTY DAMAGE pNLY ~ LEF7 TURN DUSK AND DAWN ® INJURY ACCIDENT ~ FATAL ACCIDENT ~ pVERTAKING TURN 966[ 2C, ~EE -0I 8 bnw n~,l ~J'~i31d6'\~0h1`S9N1Mada\ ~N ,, COLL1SlON DIAGRAM ~TDw W, 29TH AVE. & PIERCE STREET CRY OF WHEAT RNGE clTr WHEAT RIDGE PREPARm BY S7E,~ ~~ ENGINEERING DMSION PERIOD -~ - - JANAARY 93 TO DECEHBER, 93 DATE __---- --- At1GlISI & 1996 N 0, ACCIDENTS BY-TYPE YEAR TOTAL PROP. DAMAGE DI.IIIRY FATAL - LICM DARK VET % _ 6_ vs 9 94 3 ~ - 6 _ - 92 -_ -_ _fi NUMBER ^F ACCIDENTS <12 MUNTHS PERTC]D> _ 1045 AM 4.15 PM NORTH MO 05/01/95 7 PROPERTY DAMAGE SU 04/02/95 95-9311 ^NLY 95-7060 2 INJURY OR FATAL - na ~P~r-red ~ 9 TOTAL ACCIDENTS ~,~~ ~Z'o.AG°3'1 6140 PM 638 AM 7122 PM WET 620 PM TH 05/04/95 SA 05/13/95 WE 05/31/95 M^ 08/14/95 95-11845 95-18520 10260 95-9551 95 - _ - ~ ~y prl~e~' ~accq~Iai no gut" ~ ~a ~ ~p c ~ ie~sa r~~-oJVI 8145 AM 7109 AM 215 PM FR 09/22/95 SA 11/18/95 WE 09/06/95 95-21905 95-2639 95-20571 1w a~pao,ew{ ~riVgr~ ~VPhffP'ievcE i~c a~anewE v~,.cdv~ Y~GSdn w W. 29TH AVE. ~ z ~- STREET NAME ~ ~ w w U ~ o: N W a L E G E N D $HOW FOR EACH ACCIDENT -~- VEH. MOVING AHEAD --~- HEAD - DN K(~ VEH. BACKING UP o- HEAD-ON SIDESWIPE 1, TIME, DAY, DATE -~ PEDESTRIAN .~~ REAR END 2. WEATHER AND ROAD ~ TRAIN UR TRCILLEY -,A ^VERTAKLNG SIDESWIPE SURFACE - IF UNUSUAL [] PARKED VEHICLE -~'D CLJNDITION EXISTED FIXED OBJECT ~ RIGHT ANGLE 3. NITE - IF BETWEEN ~ PROPERTY DAMAGE ONLY ~ LEFT TURN DUSK AND DAWN ® INJURY ACCIDENT FATAL ACCIDENT ^VERTAKING TURN a , , .. n F..., .., ,... ~ . ~ ,. ~ ~ .. ...........~„ COLLISION DIAGRAM LDCaTIOS W. 29TH AVE. & PIERCE STREET CfiY OF WHEAT RIDGE CITY WHEAT RIDGE °~`~° HY STYE ^G~"' ENGINEERING DNISION PQtIGD JpµIARY 9{ TG DEDENHER 91 DATE WGUSf H, 1996 N0. ACCIDENTS BY TYPE yEp(t _ - TUTAL PROP. DAMAGE A'JURY FATAL LIGHT DARK VET 95 9 g{ 3 93 6 _- 92 6 NUMBER ^F ACCIDENTS C12 MONTHS PERIOD) _. NORTH 3 PRCIPERTY DAMAGE 3.00 PM WET ^NLY M^ 02/28/94 g~30 AM 2 INJURY ^R FATAL 94-4103 ^ ^~ WE 03/30/94 -~" 94-6317 5 TOTAL ACCIDENTS n~ GtE1~BtvE ~ - _ IIi35 AM 430 PM MO 08/22/94 1007 AM WE 11/30/94 94-26646 FR 12/02/94 94-26919 94-18770 ~o ~p~~~ no °~r~~ P~,~,~+ r«M r~d~ v~«t~ w ~ W. 29TH AVE. `'' a ~ z STREET NAME R- ~' w w ~ U F G' ~ w a L E G E N D SHOW FCIR EACH ACCIDENT -~ VEH. MOVING AHEAD --~- HEAD - pN HEAD-ON SIDESWIPE 1. TIME DAY, DATE ((E--0 VEH. HACKING UP ~ -D -PEDESTRIAN REAR END - 2. WEATHER AND ROAD ~ TRAIN OR TROLLEY ~ ~ pV ERTAKING SIDESWIPE ~i - SURFACE - IF UNUSUAL CONDITION EXISTED PARKED VEHICLE FIXED ^BJECT ~ RIGHT ANGLE 3. NITE - IP BETWEEN p PRGPERTY DAMAGE pNLY ~ LEFT TURN DUSK AND DAWN ® INJURY ACCIDENT ~ FATAL ACCIDENT ^VERTAKING TURN ~r,F~ ",~5". ~..;~ ~ua~ ?~IF„~,~u, ~ +vril`~`:.`I':iMVhJ~] ~P1 COLLISION DIAGRAM IACPT~1 w, 29TH AVE. & PIERCE STREET CDY OF WHEAT RIDGE eItt WHEAT RIDGE ~"~° Breve rcuve'+ ENGINEERING DMSION - reRmn ~~~. y3 m Oece~Ie 9s - Wore -- MMUST B, 1996 - - N0. ACCIDENTS BY TYPE .. _--_ _- _.... _ ~~..:., reru - LIGHT 1MWC ~T % 6 93 9 _. - 5 93 6 92 6 NUMBER ^F ACCIDENTS <12 MONTHS PERIpDJ 520 PM 330 PM SA 10/30/93 TH 09/09/93 93-21535 4 PRCPERTY DAMAGE 93-17559 - ONLY _ ..~. ~w~,iyiL~ 2 INJURY pR FATAL ~ ~~,r,~ct I""" 9130 AM tnQG~$`m 6 TpTAL ACCIDENTS Y-~~ SA 09/11/93 ``~~93-17696 ~. _ 6/flVeV' ~a"eCCiU~II~~~ T48 AM WET 8118 AM ICY SA 11/27/93 FR 11/05/93 93-2347 93-21911 n'\1 1045 AM Np "'1"~'.rp~.°\ M^ 06/28/93 93-11666 }~ISdYI VCa $dn j1C a~u~et-t ~'~tSo'/1 NORTH w ~ W 29TH AVE. ~ z . rn ST REET NAME w w U 0' 0' F- W (n a __-_._.~_ --_ L E G E N D $HL]W FC]R ' ~ EACH ACCIDENT -D VEH. MOVING AHEAD ~- SIDESWIPE 1. TIME, DAY, DATE CC~P VEH. BACKING UP HEAD-pN -~ PEDESTRIAN _ ~.-0 REAR END 2. WEATHER AND RpAD ~ TRAIN pR TROLLEY , . ~ pVERTAKING SIDESWIPE SURFACE - CONDITION ZF UNUSUAL EXISTE- [] PARKED VEHICLE FIXED OBJECT RIGHT ANGLE 3.'NITE - IF BETWEEN ~ O PROPERTY DAMAGE ONLY ~ LEFT TURN DUSK AND DAWN ® INJURY ACCIDENT ~ pVERTAKING TURN ~ FATAL ACCIDENT COLLISION DIAGRAM Lanr@, W• 29TH AVE. & PIERCE STREET - ~~ slere r+~ulri+ CfIY Of WHEAT RIDGE cm VHEAT RIDGE _ er _ ENGINEERING DMSION ~ ,~aNUrnr sz m necomEr+ 9z Hare ~u[us'r a ~nss -- `ND. ACCIDENTS BY TYPE ~~ t3q~I - I oaa I % b 93 9 94 5 93 - - 6 92 - 6 NUMBER ~F ACCIDENTS C12 MONTHS PERIOD> 2 PROPERTY DAMAGE - ONLY 4 INJURY DR FATAL 6 TOTAL ACCIDENTS 452 PM SU 07/26/92 92-14462 ~llbw~ ~ G~ 610 PM FR 03/13/92 92-4486 17river It~W`'"oi~~NcK. W. 29TH AVE. STREET NAME _~ 440 PM TH 08/06/92 NORTH 92-13336 --DO-D t~`rllvvu~ =>-D~ L~I,Se l 3115 PM WE 01/08/92 92-414 - - 10110 AM I~-~ f SA 11/14/92 ~;~ R~GyI.~.~P~G.1 92-22534 _ _ - ~ ar~~ SU 008 30/92 ~i.S 92-17133 QriuC~ pleccuTp;~ -- - '- - L E G-E N D - --0 VEH. MOVING AHEAD UP -'~- HEAD - ON HEAD-ON SIDESWIPE EfE--fl VEH. BACKING --~ PEDESTRIAN ~p REAR END ~ TRAIN pR TROLLEY -,.v OVERTAKING SIDESWIPE ~ V PARKED VEHICLE --~oQ RIGHT ANGLE ~ FIXED OBJECT Y p PROPERTY DAMAGE ^NLY ~ LEFT TURN ® INJURY ACCIDENT ~ OVERTAKING TURN ~ FATAL ACCIDENT F- W w a ~ z ~ ~ w W U ~ 0= ~ W a SHOW FC7R EACH ACCIDENT 1. TIME, DAY, DATE 2. WEATHER AND ROAD CONDI ION EXISTEDSUAL 3 DUSK AND DAWN EEN 9p61 .-r ~? (?i n C711p n~-~1 j~FIT,,•'~ J", ~'lk1t~\ ^,IdLMUHI'.~ N 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 1303)234-5900 City Admin. Fax n 234-5924 November 6, 1996 Police Dept Fax p 2352949 Joyce Harrelson and Naomi Brown 6800 West 29th Avenue P.O. Box b07 Wheat Ridge, CO 80034 Deaz Joyce and Naomi: Wheat Ridge Please let this letter serve as notification that your variance application has been scheduled for public hearing in front of the Board of Adjustment on December 12, 1996. City Council will be reviewing two ordinances at a public hearing on November 25 relating to fence height standazds and review criteria for the Board of Adjustment. Both of these proposed ordinances could have a positive affect on your case. Since the last hearing on August 8, 1996, was continued indefinitely, the City will republish, repost and renotify adjacent property owners and people who testified at the Last hearing regarding the case. If you have any questions, do not hesitate to contact me at 235-2848. Sincerely, c,c-~'~""' Meredith Reckert cc: WA-96-10 Evan Lipstein The City of t PLAUT ~ LIPSTEIN ^ MORTIMER ~ PC A T T 0 R N E Y S November 19, 1996 Ms. Meredith Reckert, Planner II City of Wheat Ridge Board of Adjustment 7500 West 29th Avenue Wheat Ridge, CO 80215-6713 RE: Joyce Harrelson and Naomi Brown 6800 West 29th Avenue, Wheat Ridge Our File No. 96-266 Dear Ms. Reckert: This will confirm our telephone conversation of today wherein I advised that Evan Lipstein, attorney for Joyce Harrelson and Naomi Brown, will be out of town on December 12, the date of the public hearing before the Board of Adjustment on the variance application of Ms. Harrelson and Ms. Brown. We agreed to reschedule the matter for the next public hearing, which will be January 23, 1997 at 7:30 p.m. Thank you for your assistance. Sincerely yours, L~~' w~~ Debbie P. Writer Secretary to Evan S. Lipstein :dpw cc: Joyce Harrelson and Naomi Brown 12600 West Colfax Avenue, Suite C-400 Lakewood, Colorado 80215 Phone (303) 232-5151 Fax (303) 232-St 67 NDV-19 96 11:13 FROM: 00000660 T0:303 235 2857 PRGE:01r02 leI PLAUr ~ LiPSTEIN s MORT[MER ~ pC FAX NO. (303) 232-61 i1 FACSIMILE TRANSMISSION :NFL'6RMATtQN PArE CONFIDENTIALITY NOTICE THIS FACSIMILE TRANSMISSION CONTAINS INFORMATION BELONGING TO THE BENDER WHICH MAY BE CONFIDENTIALANp LEGALLY PRIVILEGED. THIS INFORMATION Is ItJTENDm DNLr FOR YHE reRSvN TO WHOM IT WA3 9ENT a61NDICATED ABOYE. iF YOU ARE ivf1T Ttti inTcivu~-Si Fif=Ci?ieiv7, ni.'Y uwCwSURE, COVYING, OISTRIBLRION, On ~E GF TriE INFORRWTiON CONTALVEO NEREIN IS STRICTLY °RCHIB!?EO. IF YOU Ha~E R'cCENED THIS TRAti$ml$SION IN ERROR, PLEa°_E ^^'! '-'S S.'t~lL£G?A? {~4$2 2~?•51 $1 70 ARRANGE FOR THE RETURN OF TY+f DOCUMENTS ?O US AT OUR EXPENSE. THANK YOU. GATE: November 19. 1996 TO: Meredith Beckett, Planner II City o heat Ridge FAX NO.: 235-2857 FROM: Debbie Writer Secretary to Evart S. Lipstein Number of Pages to Follow This Information Page: i INSTRUCTIONS: Re: Joyce Harrelson and Naomi Brown 6600 West 29th Avenue, Wheat Ridge Acknowledgment Nestled: Acknowledgment Not Needed: XX Hard Copy WILL NOT Follow By Mail Unless Marked Here: If You Experience Trouble With This Transmission, Please Call Us as Soan as Possible at {3Q3) 232-5151. NOV-19 96 11: 14FROM: _ - 00000000- -T0:303 235 2857 ,. ~-. PLAUT ~ LIPSTEIN ^ MORTIMER ~ PC A T T O R N E Y S November 19, 1996 41s_ Meredith [i.ecken, Planner II City of 4~Tkteat Ridge Board of Adjustment 7500 West 29th Avenue Wheat Ridge, CO 80215-6713 RE: Joyce $arrelson and Naomi Brown 6E00 West 29th Avenue, Wheat Ridge Our File No. 96-266 Dear Ms. Reckert: PRGE:02~02 This will confirm our telephone conversation of today wherein 1 advised that Evan Lipstein, auorney for Joyc~'rlarrelson and Naomi Brown, will be out of town on December 12, the date of the public heating before the Board of Adjustment on the variance application of Ms. Harrelson and Ms- Brown. We agreed to reschedule rite matter for the next public hearing, which will be January 23, 1997 at 7:30 g.m. Thank you for your assistance Sincerely yours, ;~~~~.~ w~U~ Debbie P. Writer Secretary to Evan S. Lipstein dpw cc: .loyee Harrelson and Naomi Brown t X600 Wes Colfax Avenue, Suite ~-~00 Wkewood. Coloredp 8027 S Fiione 13031 232-St it Fax t303f =32-5767 ZONING AND DEVELOPMENT 4 28.31 lector streets such distance shall be fifty with the primary purpose of preserving (50) feet. public safety. (d) In all residential districts, curb cola Cor (7) fight distance triangle requirements. For au property access shall be not leas thaa ~~ other than one- and two-family dwell- twelve {12) Feet and sot mare than tags, no obstructions to view between tweaty-four t24) feet in width. Curb cola forty-two (42) inches and eighty-four (84) in commercial and industrial dietticta inches in vertical height, including, but not shall not be mare than thirty-five (35) limited to, fences and walla had feet in width when serving an indi- gee or other vidual property and ehaII not in any Iandacapurg, berme, signs or other afros instance be less then twelve (1Z) feet. lures, or permed vehicles, shall be permitted within triangular areas measured fifteen A joint curb cut, one which serves mare {26) feet into the property from the right- than one {l) property, m:y not exceed of-way line and fifteen (15)•feet either side forty-five (4t) feet in width. of the alrb cut cr &-iveway. Far all uses, on (e) 1n cases where it is possible to provide corner lots, no obstruction to view between one fl} access point which will serve thirty-sir {36) inches and eighty-four (84) acjjacent properties or whero adherence inches as described above shall be permitted to these requirements would leave a within the triangle measured tram the point parcel of property without vehicular ac• of intersection of the lot lines abutting the teas, curb cut setback or agacing re• streets a distance of twenty-five (25) feet on quirements may be reduced or enlarged local streets and fifty-five (55) on collector so as to permit a single vehicular ac- and arterial streets. The Cortytwo•inch to teas point if approved by the public eightyfour•inch vertical distance Cor drive~ works director, ways shaIl be measured from the center of {p The public works director may approve the driveway or curb cut attheright-of--way a modification to or waiver to the ve- line, and far street corners from top of curb, hicle access standards and require- or if no curb exists, from edge oCpavement. meats stated in this subsection (6), The following drawing illustrates the min• based upon consideration of traffic char- imum unobstructed sight triangles. acteristics, both on and off of the site, ~ m O x F G N Q ` ~ w 15 ft. Sight / ~ ~ /:%: u e Triangles r~:~>~~ { ~~"~ ~'`'' Property / R.O.W. LSne ~'` ~" ~.15'J LOG4L STREET 25' Points of Vertical Msaaurement Figure 26.31.1. Sight Distance Triangles Supp. No. S 1799 s ~J~•. .. ~Dy=ZZ Opp KOO ~~ as _~~ 3o3~c~io ~.,o c o °no3~'a q~o~~ art~~ A ~QTOO ~ Su ~~~o~ G S~ =3 m °'%~ x z ~~~~~_ 0 "o~ao x ~,u~~Q ~ S A qO a~. ~~rt~ ~ Q3n,?..~ O'C f00 f 3 'TC aS~ o A m~ C ~ a• Ta a ~ a a to ~ .+ ^' n s~ °o ~a m, 3 a '~ m ~, .. ~ a n w n ~ F 3~ ~~ 3 °, c 3s a 0 -~ a ~~ Q s 0 w c a n 0 0 ~~~ t l ~~ 3 +~ ~ ~ Locnl Street r 0 O_ N eF Z +o ~o <+ Collector ar Arterint Street N - cn ---~ Zo• ~ r ~ ,t ~ n' . o u h ~o ~ ~ ~o .~- .-._.~.~ t"~ ~ Collector or Artrrlnl Street PitMf~ {~N~ n .~.~ zo ~^ ~ nL ~ ONN z ~~ R ~o `+ ~~ ~ ._ i V I ` f ~~ -~ O ~ ~ z= rnr D 1 1 ~ ~ C ITl i~ ~i ~~.. u )~ 1,,` ~., y ~~ i ~~ r ,h~ ~ _ _- ~ l ~ ^~ V` ~~~~1 1 °e 04 ~` ~' ~r ti '~ r .. Z Z ~~ ~~ ~ a o ~; i ~ -- ~ r~-1 P ~ r~ ;; ~' 1-i . e T ~' ..~ ~ O ~~ ~ .~ C ~1 ~/ G R .~o ~ ~~~ .. . _.._ _ >>~a':cl ~a~+a~~ _ ., _ .T .._-.-__ a_ . ,T~ . _. .~ ~. 3y ~q -- ` 40 - y._--- 3 rf _. b ~~~ Q 0 ~~ --~ s' ~,,; ~_ ,„ 12 3 ---~ ~5 ` - Q ~: a~ ~1 ~ ~~~, ~~~ ~` fr _ t~ r~jTJT/1r~'!1 ~^^ /Y/w ~~ ~~/ I I`l 1 N ~~ O a n I¢ f----'.'"'_, I4 C p G . Certificate of Completion AND/OR Compliance CITY OC WHEAT RIDGL- 7500 W. 29713 AVENUE ~~,+}{EAT RIDGL-. COLORADO 8003 THIS CERTIFICATE VERIFIES THAT TiiE PROPERTY DESCRIBED BLi.OW. DOES COMPLY WITH THE WHEAT RIDCiIi BUILDWG CODE., 7..ONING AND OTHER RL-LATED LAND USE AND DEVEI,OPML'NT LAWS OF THE CI")-Y OF WHEAT RIDGE FOR THE FOLLOWING PURPOSE: Completion of fence conforming with Ordinance No. 1057 ro v attached) Joyce Harrel son ADllRESS 6800 W. 29th Avenue OWNER Naomi Rrown CONTRACTOR P & E Custom Concrete °-9001 Independence 3t:, es minster, CO 80021 PROPERTY ADDRESS 6800 W. 29th Avenue DATE 1/8/97 CHIEF BUILDING OFF[CIAL ~~ `/.,ONING ADMINISTRATOIj~~.c-~'~'j-/~~~P'~~ TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN ~r WANTS TO SEE YOU URGENT W H E A T 7500 WEST 29TH AVENUE F A C S I 1~~I I, F. R I D U E WHEAT R IDGE, COLORADO R0215 RAX# (303) 235-1857 To: ~V~// G ! PSG/n/- From: /~C-YLel~ /T~'t ~~ZICCYL ~ , Uate: ~_- ~ - 9~v- (not incl«ding cover sheeE? ('onuucuu: S ~~ ?~~ s ~ L~ _ ._ z, ICI ~~~I~(, n~U i~r~Inc. I' ~Rh~ ~~II I:I ~ RI ~ I Ir)~ ~ 1'I It1 I! ~~(1Rh xl,.