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Home My WebLink AboutWA-92-1The City of ADMINISTRATIVE PROCESS APPLICATION ~]Vheat ~ld~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 - Address 3~1a M~11e~ ~~- Phone ~id~d-1Ot~ Owner ~C~C'(~1t1 Address Location-of request Phone 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 -- Preliminary Final ** See attached procedural guide for specific requirements. Detail of 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 ~~~ ~?L~(i~'v~2' ~ List.ali persons and companies who hold an interest in .the described real property, as owner,- mortgagee, lessee, optionee, etc.. NAME ADDRESS PHONE :i']"~-f- Coy S'I _-. 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-1_isted-above,. without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this aeon on his beha~f~. ^ Signature of_Applicant ~-~'~-y _-, _ Subscribed and sworn to me this y of~~n,n«c~~~~ 19 2~_= _-_ SEAL ate Received S - ;,~ - qa. .Receipt No. Case No. My commission,. expires '~ ~'~ ~{ AttniTracy R.E. PORT & ASSOCIATES, INC. ~, LAND SURVEYING 12395 W.53rd Ave. Suite 104 ~ Arvada, CO 80002 ~ (303) 420-4788 IMPROVEMENT LOCATION CERTIFICATE ~ V ~~.II,•w1 ~. ~. ~.J OATESl7~D6 FEE~55'OOJOBt 86141 MORTGAGE CO. Lion Funding-(J AUORESS 3710-3712 Miller Court_ BORROWERS NAME Penick 1.7illis _ ` LEGAL DESCRIPTION SEE ATTACHED LEGAL DESCRIPTION L 'I I L ~ / /EXGE•I'TEl7 F~IZ'1'10~ oj rr gel \ j Lo-r l o \ ` .. . ;; =- __ :/~ _ __._.I~ ~P ri I C: A fL ~M (J Cl~T1 E" i I RCN t,t ~ ~--'-~-- ~ L _~~ /~ Ibn` ib'~ G ~. 'J Z~ p ply Z8~'L W - :k'. rN~. t.. r oa r N J N 1 ~ i ~_ a qY - - - -- -f ~ [ 1- ~ G 2 ~ ~ 0 0 ~ ~ s cct.IL ~l o `~ ~; N ~ 1` Lo T I~~ D1zIVE. N ' ~ ~ ~ U,~ 1 - _~_ V~Z ~ ~ 9.. l- 7i 31 J '~0'4. .`c ~ ~ ~ ~1 (~ 5Y fJ ~ 5 ._ t) N I_ al f- ~ l-. N s N ICr 1 ZrJ'..- t, W It (y orJt I\ n n F- N On the basis of my knowledge, information and belief, I hereby certify that this improvement location certificate was prepared for Lion Funding ,that itianotaLandSurvey Plat or Improvement Survey Plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. I further certify that the improvements on the above described parcel on this date, except utility connections are entirely within the boundaries of the parcel, except as shown, that there are no encroa ~1 p the described premises by improvements on any adjoining premises, except a~,• 'ktiat there is no apparent avid®nca or sign of any easement Ironing or burde ' • • ,~parc except ae noted. "NOTICE: According co Colorado law you must commence, ey act'otQ ~ypo y defect in thit survey within three years after you first discover sucl{ deF et yv~n mag action based upon any deface=lnis le c mmery more than ten years It is hereby certified that the above described from the d~ee ~ ce tifiFf iOo n' own hereon." property Grua-L-_ loca[ed within a 100 Year y ~ • • O last,`` p • flood hazard bomdary in accordance with the '~i '•• ~~~ current HUD Federal Administruion Flood ' •• Hazard Boundary Maps Dated ~ ~ ~~ Robert E. POfi~rt/,d4tM 21 J In N ?.O. BOX 638 TELEPHONE: 303/237-6944 The City of "7500 WEST 29TH AVENUE .WHEAT RIDGE. COLORADO 80034 ~ileat Ridge February 13, 1992 The Wheat Ridge Department of Community Development has received a request for approval of a 4' variance to the required 5' side. yard setback, and a 14' variance to the required 30 front yard setbac on property zone Resi entia - Two at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by 2-26-92 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE N0: WA-92-1 LOCATION: 3710-12 Miller Court REQUESTED ACTION: Front yard/Side-yard variances PURPOSE: For a carport APPROXIMATE AREA: 8' x 16' 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If 'NO', please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO IF "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply t0: Robert Gaspar, Planning Departma„r Department of Community Development Current Planning Division DISTRIBUTION: Water District ( ) Sanitation District Fire District ( ) Adjacent City ( ) Public Service Co. Mountain Bell State Land Use Commission State Geological Survey Colo. Division of Highways American Cable Vision Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office Wheat Ridge Police Dept. Wheat dge Public- Works_Dept __ _ea Ridge Parks & Recreation Wheat Ridge Building Division sb/C.6.1./Rev. 10/21Y86 NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on February 27, 1992, 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-92-1 :__ An application by Shirley Smuda for approval of a 4' variance to the required 5' side yard setback, and a 14' variance to the required 30' front yard setback on property zoned Residential-Two. Said property is located at 3712 Miller Court and is legally described as follows: Lot 10, Horace Heights Subdivision, and that portion of Lot 11, described as follows: Beginning at the southwest corner of said Lot 11, thence northeasterly along the southerly line of said Lot 11, a distance of 15.64 feet; thence westerly 16.42 feet, more or less, to a point on the westerly line of said Lot 11, which is 4.76 feet north of the southwest corner of said Lot; thence south 4.76 feet to the point of beginning, County of Jefferson, State of Colorado. Mary, o Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: February 13, 1992 Wheat Ridge Sentinel ` F76: BOX 638- TELEPHONE: 303/237.6944 The City Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge February 13, 1992 This is to inform you that Case No. WA-92-1 which is a request . for approval of a 4' variance to the required 5' sideyard setback, and a 14' variance to the required 30' frontyard setback for a carport. for property located at 3712 Miller Court will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M. on Februarv 27, 1992 All owners and/or their legal counsel. of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" `. F-907 115 840 ; Certified Mail Receipt ~; No Insurance Coverage Provided -t Do not use for International Mail ~~ Icon Rcvorsel -- ~. P 9p7 115 841 ~ Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail ~~ (See Reversel - SB9t to •^' -- Tim & Carollyn Penick Street & No. - 3710 Miller Ct P.O., State & ZIP Cotle - W.R., CO 80033 _ _- Postage 7 - Certified Fee - - -- P 907 115 839 Certified Mail Receipt No Insurance Coverage Provided ~~ Do not use for International Mail ICPP RPVP.rGet Sent to l Shirley Smuda _ .. __ .. Y Street & No. 3712 Miller Ct__ - _ P.O., Slate & ZIP Code ~ -~ '~ ~ W.R. CO 80033 -- P Certified Fee - ___ yr=.. -_. e-- o K ,- - O m -- - ~=~--w'= O __ ~ - -_~-- _ ~.~ - T P _ D m 7 c a a C C Q R E u D Sent ta~'~ Dale & Saraetta ~ _ Lewis Street & No. 3661 Miller St P.O., State 8 21P Code W.R., CO 80033 . - _ _ Postage - @ _ W Certifetl Fee - Special Delivery Fee Restrictetl Delivery Fee Return Receip[ Shdwing to Whom & Dale Delivered Retum Receipt Showing to Whom, Date, & Atldress of Delivery TCrAL Postage & Fees Q` ~P PoslmaB or Date c - II _. I m m -- w g; a ~~~r" ~F' Z ~Wrn ~,~' D G .oo d ^,m f.o.33v ~ m I-, r. ^. ~ Sm Sm,~oCm N N rt rt N o m m •~ m om m70 ~ ~ 3•o~mm' ~ a D m 7J vC 3 ~ ate, ;c.mmm r' H °~ ~3mo c333 "3 ~mmm ~ I - QQ fD .q m H G m N ~ m w~ O i a n w a o yams 'p O ~aznwa°- C] O O G m ~ ~` o a m °- J . 3 O f$ m N ~ » rt O »Oy(h Qo m m o .~ o c O m _, ~. o -~ _ _ w m< F D~ ~.O O Z ~y n~-~:m~'33v ~ :,~mNn aaT ° ~~~ ~ ~ ~ w ~~ = 5 rt ~ !r ~"m a3 c o mmm ~ ;° ,,...,...VI . . . rs v3 0 o c333 I / N' I'J W N m~ m 3~ m m m ¢. 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(~ m °- m , O m o m m n ° \ a - D m '° a m m °. o m ~ N K o m '+ ~ ^ m o -- ---, -- P 907 115 836 t Certified Mail Receipti< No Insurance Coverage Pravided Do not use for International Mail l to 19uo Rwfwrsol -~ sent W~ Ag elo & Charleen Papi/Hu ' Street & No. 3026 W. Prentice- Ave _ ~6F_ P.O., State & ZIP Cade ' Littleton, CO 80125 _ Postage Q~ ,P Certified Fee -- - - - - tes = ~ i i - ~ _ I P 907 115 856 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) - ~. Sent to Steven, James, Jeanne Barb r , Street 8 No. - _- _ _ - _ - ._. P.O. Box 7482 _ - _ ~r P.O.. State & ZIP Cotle - - Colo Spgs, CO 80933 .__ Postage - ~ _ - - Q P 907 115 838 Certified Mail Receipt ~ No Insurance Coverage Provided Do not use for International Mail ~~ fCeu 4mrorcal - vm*uu..~ - - - _ - - Senl m Frank & Deborah Billingsl Sheet S No. 3721 Miller St Ro., §taze a ziP code __ ' - W.R., CO 80033 Postage d` `P _ - Certigetl Fee Special Delivery Fee Restrictetl Delivery Fee Reurn Receipt Showing ~ to Whom 8 Date Delivered Return Receipt Showing m Wham, ! Date, a Adtlress d Delivery i r 70'rAL Postage j & Fces t postmark or Daze 1 t i i C c D t r r- ~.3• ~... . ~ m m m ~FDnvC)Ctz 0 0 m y r~ W m . ^ rt m m9 ' o r m ~ r I m ~ ~ m m o~ n s o m m .. ~ m c m ~ N N£ O mm a ~ . ~ 3 a , m..m m a ~ ro~ m`~sH3=~`"" m o a m ~ n V N~~" m m c"» m w m noa ~o~m m - m. ~ C] d N , .+ m a m ~ a naTnm'o- m O rt H ~ o n~ 3 o n~~ o ~ ~ ~ N .. o m~ ~ O ~~ m ^ o m TaprT~ = N C b ~ C I fLle r, _ °---- ~_.. e ar ii O > m ~- \ ~ n ¢ ~ m i 9 _z . . 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O a O O n a' m m m d ' O ° ' d ~ = S - 3 - m N ~'~ W rt F'• m m<ov° ~. p f-' m o 3~ m c o '° m r. w ~ W ~ 3 m \ N m °' m ~ ~ m 3 m m m m < m . ~ - n 9 O S y m n O N m ~ 3 0 D ° - - ^~ ^ ° ' K m 3 i m a m~~ rd D o l m ~'. o ~ - ~ m m o vO n m (~ m o ~ ~ a n - O ~ N ~ ~ u, t° ~ ~ C ~ m - m _ m ~' 3 S o ^ ^ D m ~ m t-+ m -o In ~ D f °- ^^ ^ . m m a m a m w X31 n j ~ ~ <. s W m n m n m m C Q C ~m+ m m N O O = m a ~ n m O m o ,< ~ 7l o - D - am m m m' ' m ~ m m , m o . m m Q ~ ~ N ^ S ti o m m r W_ m C Q 0 CO M E -__ a P 907 17,5 $37 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail fSee Reverse) _ Sent to Randolph & Irene Lumpp Street 8 No. 3680 Miller Ct P.O., State 8 ZIP Code_ W.R. 0 8 _. _ _ Postage camrea Fee Special Delivery Fee Restric[etl Delivery Fee Return Receipt Showing 1o Whom 8 Date Delivereo Retum Receipt Showing b Whom, Date, 8 Adtlress of Delivery TOTAL Postage 8 Fees Q~ ~P Postmark or Date ~_ rn o -I m n ~ -° ~ m m C1 m m l y ~. - __-- ~ ~~ ~~ w ~ ~ m m rLFD ~Clnzl //~ l W » _m ym a'om 9 ~ ~ ~ , ~ m :~~~o~~~ , J O O w pm N °$m m.. m i' r D m m m»- r ¢ m33 J ~ ~F -~~' ~~ 3 Wy 3 m m 1 ' P.N QQ (D Q'~ m ? m m o m ~ ri H 6 o Vj 6 m j 9 a S n m o °' om . a ~ 3'"~°' o~ n O r a i ~ N a -'o ~ e tl rh ' m .+ m y~ 0 `G S J } ~ o G p m ~ -~ m ~J' m \ o o ~' ~ a ro w ,ti , m J _ m m 9' UI y 3 m m m n ` <_, m m o - n a a m S y n o u; m J " ^^O~ a 91 m m x ~ m x ~ ~~ ~a ~ m, m bD '" a o ~ m w m G, y m m 0 ~ m ~ m n m 0 ~p ~n C~I VZ ~N ~m~ ~ ^ ^ ^ In ~ m S D y ~. m N ~,J 37J C) J ~ » 2 m d N y ~. S \ m N O m m C O C V y y m ~ m [0 m O S j m ~' rp, m o- n O m o m ~ m ~ m ~. n m m m m n J , a m m ~ ~ ~ y m 5 O m m CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: Feb. 20, 1992 Date of Meeting: Feb. 27, 1992 Case No. & Name: WA-92-1/SMUDA Case Manager: Bob Gaspar Action Requested: A 4' side yard setback variance and a 14' front yard setback variance Location of Request: 3712 Miller Court Name & Address of Applicant(s): Shirley Smuda 3712 Miller Court wheat Ridge, CO 80033 Name & Address of Owner(s): Shirley Smuda Timothy & Carolyn Penick 3710-12 Miller Court Wheat Ridge, CO 80033 Approximate Area: 14,500 square feet Present Zoning: Residential-Two Present Land Use: Duplex, Low density residential Surrounding Zoning: N: C-1, E: R-2, S: R-1, and t1n: R-1 and C-1 Surrounding Land Use: N: Multi-family, S & E: Single- family, yJ: Multi & single family ----------------------------------------------------------------- Date Published: February 6, 1992 Date to be Posted: February 13, 1992 Date Legal Notices Sent: February 13, 1992 Agency Check List ( ) Attached (xX) Not Required Related Correspondence ( ) Attached (XX) None ----------------------------------------------------------------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance (XX) Slides ( ) Subdivision Regulations ( ) 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 ADJUSTMENT STAFF REPORT Case No. wA-92-1 I. REQUEST The applicant is requesting approval of a four foot variance to the required five foot side yard setback and a fourteen foot variance to the. required thirty foot front yard setback for a carport in a Residential-Two zone district as regulated by Section 26-14, (F). II. SITE The property is regular in shape and is approximately 14,500 square feet in size and currently has a duplex on it. The applicant has constructed a carport of 128 square feet with a foot print of 8 feet by 16 feet in the front yard. The carport is located one foot from the side yard property line and sixteen feet from the front yard property line. A building permit was not issued for construction of the carport. III. FINDINGS OF FACT 1. The property can yield a reasonable return in use as the applicant is currently occupying the residence. 2. There are no unique circumstances. The ownerr created a hardship by selling a portion of land and enclosing a single car garage for additional living space. 3. The variances will alter the essential character of the neighborhood. 4. Staff does not consider the lack of a covered parking space a hardship, but an inconvenience. It is a self-imposed inconvenience created by the owner or past owners of the property by enclosing the single car garage and selling off property that limits access to the rear yard. 5. Conditions of the application are generally applicable to other properties.-within the same zoning classification. Approval of the request may be precedent setting. 6. The purpose of the variances is not based upon a desire to make money. The applicant wants a covered parking area. ~. The hardship has been self-imposed by the current property owners. The sale and exchange of property decreased the applicant's lot size and moved the north property line to the south. 8. The granting of these variances would not be physically detrimental to the public welfare or injurious to other property or improvements in the neighborhood. However, the aesthetic value of the neighborhood will be changed. BOARD OF ADJUSTMENT STAFF REPORT Case No. WA-92-1 9. The variances will not impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase or endanger the public safety. However, the variances may diminish or impair property values within the neighborhood. Seventeen neighbors from the surrounding neighborhood have filed a - petition against the structure (see attachments B and C). IV. CONCLUSION & RECOMMENDATION Based on the preceding "Findings of Fact", staff has reached the following conclusions: 1. The property will yield a reasonable return for the intended use without the variances. 2. The circumstances are not unique, but are self-imposed. 3. There is a self-imposed hardship that was the result of the sale and exchange of property for profit. 4. The granting of the variances may be precedent setting because there is not any uniqueness to the proposed variances. Therefore, staff recommends DENIAL for Case No. WA-92-1. ATTACHMENT A MEMORANDUM TO: ROBERT GASPAR, CODE ENFORCEMENT OFFICER II FROM:~REDITH RECKERT, PLANNER II DATE: FEBRUARY 20, 1992 RE: REQUEST FOR EXPLANATION OF CASE NUMBER WA-77-50 CASE N0. WA-77-50 Case No. WA-77-50 was approved to allow an 18 foot variance to the required 30 foot front yard setback at 3605 Nelson Street. After reviewing the case file, staff concludes that the applicant had a unique circumstance based on irregular lot configuration. Furthermore, the topography of the lot in relation to the Lena Gulch 100 year floodplain precluded construction within the regulations. ATTACHMENT ~ February 10, 1992 __ Mr. Robert Gaspar City of Wheat Ridge P.O. Box 638 Wheat Ridge, Co. 80034-0638 Dear Mr. Gaspar: As concerned property owners, we the undersigned, protest the unsightly and illegally built structure at 3712 Miller Ct. As you are aware, this carport not only violates the building code but is a depressing aspect to the character of the neighborhood. We ask that any variance petition is met with the board's strong opposition, for the good of our neighborhood and the City of Wheat Ridge. ATTACHMENT C ~, ~,e~ - W. 38Tk AVE. - - /05oa~ /0q7$ /0470 /0400 /0390 6UL CN /D$!~/ ' w L'~ Q' W V1 "~ O 0 `n W s U J ~ a 0 1 V1 ~ O W W 0 w o i o cw p M O /0¢85 0 U r~ s 8 ~~1 P ~ .:: }::F•:L~}•~ ~ ' ~: ~ ~ ~ a ~ ~ ~' fit"` ~~ a t+a 0 G` ' ~ ~ ~ e Q K ~~, 1d(X0.7 . U A W. 36TH AVE. p D '~ w f J . ~I . .. V 4 O '~ ~~ W C` p n ~ ~~ I v W N d h ~ J ~ J ~~ ~ ~~ /o¢y51 J ~ ~ W. 35TH PL. ~ w p ~ ~ ~; f0~40G. "' ~ U, +l l 0 J \; o p , , /x445 ~ ~ ' L.:~ ( t . „ W ~aTH, dVE. /pQoo /a37o /0350 /o3s o W. 37TH I V) `_ r V) y ~ y W ,``yh_l V M h M 9 ~c+ s ~ /0335 `~ io3°~ c~.A~ = '~~ Qom. .,,r, i -~---- .a -.~, - _ ~~-- -,I AttnlTracy R.E. PORT 8 ASSOCIATES, INC. LAND SURVEYING 12355 W.53rd Ave. Suite 104 Arvada, CO 80002 (303)420-4788 IMPROVEMENT LOCATION CERTIFICATE `x1..L.E I'-Zvi SI,~E PLANT OATE8~7~D6FEE~55.OOJOBt S6~1614 ,MORTGAGE CO. Liori Fundin -U AOORE38-.3710-3712 Miller o+r+ BORROWERS NAME-Penick/ W_ il~~ LEGAL DESCRIPTION SEE ATTACI(ED LECAL DESCRIPTION L PORTION OF LOT SOLD IN 1490 53• z 1 /" / 7+ s ~. t ~ ~, p y J ] ~ • , -~ .. y. Z 0 +}a.4. ~. ~ ~P ~ 7 N ~ `_ __ ~ 8 n N r- ~ ~.. ({1 N I ~ ~ y. r~ i W 116 ova N m _~~ W 1~ sJ LoT ~ o. . a~ y N JI H N ^O V CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 27, 1992 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion-was made by Board Member REYNOLDS, seconded by Board Member ROSSILLON, that the agenda be approved as printed. Motion carried. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING r 'N"o "wa ~-1-•~% An application by Shirley Smuda for approval of a 4' variance to the required 5' side yard setback, and a 14' variance to the required 30' front yard setback for property zoned Residential-One. Said property is located at 3712 Miller Court. Robert Gaspar presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Board Member ABBOTT commented the drawing shows a 14 foot lot line, so questioned if the variance. request is for 14 feet or 16 feet, and Mr. Gaspar answered the request would be for 14 feet. Board Member ABBOTT wanted to know why a reference was made to the 'owners or past owners', and Mr. Gaspar said he did not know for sure if the past owners or present owners- enclosed the garage. Board Member ROSSILLON questioned which owners sold the property to the apartment building next door, and Mr. Gaspar replied that was the current owners. Board Member HOWARD asked if the carport is completed, and Mr. Gaspar answered he believes it is completed. Board Member HOWARD asked if the applicants obtained a building permit for the carport and if not, was one requested by staff, and Mr. Gaspar replied the applicants did not obtain a permit until after he inspected the property and then asked them to obtain a permit. Chairman BERNHART asked who owns the property, the Penicks or Ms. Smuda, and Mr. Gaspar answered the quit-claim is very unclear as to what the transaction was, but was assured this is the legal deed for the property. No further questions were asked of staff. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 27, 1992 Page 3 The co-owner of 3710-3712 Miller Court, Tim Penick, 9078 Dover Street, Westminster, CO, and the applicant, Shirley Smuda, 3712 Miller Court was sworn in. Mr. Penick spoke first saying the triangle shaped piece of land was sold to the apartment house prior to their purchase of the duplex. Mr. Penick stated he converted the garage into a bedroom in 1986. Mr. Penick said the carport structure is not complete. They still want to put up lattice with vine type rose bushes. The carport however, cannot be finished without the variance and then a building permit. Mr. Penick added there will be a replacement of the fence along the north side of the structure in early spring, and that will make a difference in how the structure looks. Mr. Penick said he does have approval of a neighbor that was originally on the petition, but now wants his name removed because he did not have knowledge of the full request. Board Member ABBOTT asked Ms. Smuda if she was aware of the setbacks and Ms. Smuda answered no, and she was also not aware that a permit was needed for something that was not attached to the house and was without electricity. Board Member ABBOTT asked Mr. Penick if he was aware of the setback regulations, and Mr. Penick answered he was not aware of the setbacks either. Mr. Penick added this is his first home and the first building he has ever done. Board Member ABBOTT asked who wanted to take responsibility for the placement of the shed, and Mr. Penick answered he will. Board Member ABBOTT informed the applicant he could go back eight feet which would mitigate this request, and Mr. Penick said his main concern was getting to the back of the house and that is the only entrance and exit to the back on either side of the duplex. Mr. Penick added maybe moving the shed back eight feet should have been a consideration. Chairman BERNHART said the applicant does have eight feet on the south side of the duplex, and Mr. Penick stated there is a solid fence erected there with no access. Chairman BERNHART asked if the fence and shed could be switched, and Mr. Penick answered yes. Board Member HOWARD asked if the eight foot dimension is measured from the inside or outside of the carport, and Ms. Smuda answered it was measured from the outside edges. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 27, 1992 Page 4 Board Member HOWARD asked if there is any thing that would prevent them from building the carport in the back yard, and Ms. Smuda replied she is not sure if there is enough space but guessed that would be an alternative. Mr. Penick said since Lena Gulch runs along the property, he is not sure if a structure can be built on that section of land. The north side is a very steep slope toward the back of the lot, however, noted the south side is level. Board Member ABBOTT asked if a contractor built the carport, and Ms. Smuda answered no, a friend did. No further questions were asked of applicant. Board Member ABBOTT asked of staff if a graveled driveway or floor would be allowed, and Mr. Gaspar said paving is required up to the front setback, so gravel could only be used behind the setbacks. Board Member RICE asked if this variance is approved does the structure meet code, and Mr. Gaspar replied the plans have not been approved by the Building Department yet, but as it stands now, does not believe it would. Chairman BERNHART asked if there was any correspondence, and Mr. Moberg answered dust from the gentleman that took his name off of the petition. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-92- 1, an application by Shirley Smuda, be DENIED for the following reasons: 1. The property will yield a reasonable return for the intended use without the variance. 2. A building permit was not issued until the City requested. 3. Seventeen neighbors have submitted their names on a petition against this request. 4. The Board does not consider lack of covered parking a hardship. 5. There are alternate locations on the site for a comparable parking structure. Motion was seconded by Board Member HOWARD. Mr. Moberg told the Board regarding alternate locations, staff would not approve a garage in the rear yard due to the side yard setbacks and the eight fee is too narrow to get a car through. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT page 5 MINUTES OF MEETING: February 27, 1992 Mr. Moberg continued saying minimum width of parking stalls are 8 1/2 feet, therefore, no garage could be built unless right-of-way or more land was obtained on the north or south sides. Board Member ABBOTT asked if the Board could vary that width and allow for an eight foot driveway, and Mr. Moberg said if something like that would be approved, the Board is setting themselves up. Mr. Moberg continued saying certainly it is up to the owner to get a car through that narrow of a space. Staff's concerns are that the structure would be used for something other than a garage, and remineded the Board there is only one primary structure allowed on a piece of property. Somewhere staff has to deny garages when access is difficult, and we have deemed it at 8 1/2 feet. Board Member ABBOTT commented he would liked to have seen the structure itself being too narrow put in the City's argument, and Mr. Moberg said staff has no regulations on how narrow structures can be. Mr. Moberg said again that staff has a real problem with approving a garage in a rear yard where access is almost impossible. Staff does not want to allow a structure in an area based on the fact the owner is calling it a garage, but when in fact, a car could not even get back there. Board Member ABBOTT discussed the motion and took out Condition #5 and deciding to let staff advise the applicant of their alternatives. The deletion was agreed to by Board Member HOWARD who seconded the motion. Motion for denial carried 6-0. Resolution attached. Board Member ABBOTT told the applicants he does hate to see any applicant have to tear down a structure, but perhaps alternatives could be figured out, and suggested coming back before the Board with alternatives that have substantial changes. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS Mr. Moberg informed the Board the Time Limit Resolution was approved by City Council, and he will be in the process of re-writing the By-laws. The By-laws will come to the Board for their approval, however, the resolution is still in effect. Board Member HOWARD questioned if the applicant will be informed up front or will it beiin the motion, and Mr. Moberg said the applicant will be informed up front unless directed otherwise. Chairman BERNHART spoke on Mr. Gidley's concerns about exceptions and questioned the definition of a hardship and wanted to know who will decide. PUBLIC HEARING SPEAKERS' LIST CASE H0: WA-92-1 DATE: February 27, 1992 REQUEST? An application by Shirley Smuda for approval a 4' variance to the required 5' side yard setback, and a 14' variance to the required 30' front yard setback for property zoned Residential-Two. _ _ _ I ' f I I I ' I I ' 1 I ' I i i f I I i = ' i i i ~ ~ _ ~ ~ i ~ i i ' s I I I I ' e s ' I I I : I ' ;. ' ~ I I _ , ' I I ' : : ' I I I , I , ' I I ' i I t I I ' s I I ~ I _ I • I : I _ ,~ -- ~ ~ ; i ~ : I I I { I I I ' -- { Position On Request 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 27th day of February 1992. CASE NO: WA-92-1 APPLICANT'S NAME: Shirley Smuda LOCATION: 3712 Miller Court Upon motion by Board Member ABBOTT seconded by Board Member HOWARD the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-92-1 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 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-92-1 be and hereby is DENIED. TYPE OF VARIANCE:' A 4' side yard and a 14' front yard setback PURPOSE: For a carport FOR THE FOLLOWING REASONS: 1. The property will yield a reasonable return for the intended use without the variance. 2. A building permit was not issued until the City requested. 3. Seventeen neighbors have submitted their names on a petition against this request. 4. The Board does not consider lack of covered parking a hardship. VOTE: YES: Abbott, Barnhart, Howard, Reynolds, Rice and Rossillon NO: None DISPOSITION: Variance request denied by a vote of 6-O. DATED t~~is 27th day of February, 1992. BERNHART, Chairman Mary L u hapla, Secretary of Adjustment Board o Adjustment