HomeMy WebLinkAboutWA-92-117heCityof ADMINISTRATIVE PROCESS APPLICATION
~]Vheat
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant~~ ~ Address // ~S~ ~~r//~ Phone ~'
Address
Owner Phone
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Location of request
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit '°~ Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision Public Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
Final
8 Solid waste landfill/
(] ** See attached procedural guide mineral extraction permit
for specific requirements. ^ Other
Detailed Description} of reques~
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List. all persons and companies who hold an interest in the described real
see, optionee, etc.
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property, as owner, mortgagee,
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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 _l awfully be accomplished.
Applicants other than owners submit power-of-attorney from the owner
which approved of this a on on his beh 1 .
Signature of Applican
Subscribed and swo n me th '"~ day of ~, 19 ~~_
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Date Received ~`-ZL_-y'Z Receipt No.T~,{~,~„'7. case rvo.
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THIS DEED, Made this 1st day of May
between CENTURY 21, DINKEL AND ASSOCIATES,
A Colorado Corporation
Is84
INC.,
RECI:P'f.[U1d I!'i. .3k1)4~~:3?1]
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_,~_ C;Oll14'fY OG ,IiEFFEfi:iON
a corporation duly organized
and existing under and by virtue of the laws oC the State of ColOrad0
of the first part, and THOMAS E. SHOCKLEY and ~QJ
ELIZABETH BLAUVELT
whose legal address is 11605 West 46th Avenue
Wheatridge, CO 80033
of the County of Jefferson
and State of Colorado, of the second part:
WITNESSETH: That the said party of the first part, for and in consideration of the sum of---------------
-----------------SEVENTY NINE THOUSAND NINE HUNDRED AND NO/100---------DOLLARS,
to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged,
has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell convey and confirm unto
the said parties of the second part, not in Cenancy in common but in joint tenancy, the survivor of them, their assigns
and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying
and being in the County of Jefferson and State of Colorado, to
wit.
SEE ADDENDUM rAr ATTACHED HERETO AND MADE A PART HEREOF.
3~`
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also known as street and number 11605 l~Test 46th Avenue
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and remand whatsoever of the said party of the First part, either in law or equity
of, in and to the above bargain premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, the survivor of them, their asstgns, and the heirs and assigns of such survivor forever. And
the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and
with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, i
that at the time of the ensealing and delivery- of these presents, it is well seined of the premises above conveyed, as of ~i
good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are
free and clear from all former and other rants, bar Bins, sale liens, taxes, asses ment and encu bbII ces o
whatever kind or naturesoever.EXCEPT general taxes ansd assessments isor t~te year~'J~~i and
subsequent years; any tax, assessment, fees, charges or liens, by reason of the
inclusion of the subject property in Fruitdale Sanitation District and Valley Wate~
District;
Attest:
and the above premises, in the quiet and peaceable possession of the said parties oC the second part, the survivor of
them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully
claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND
FOREVER DEFEND.
IN WYTNESS K'HEREOF, The said party of the first part has caused its corporate name to be hereunto subscribed
by its President and its corporate seal to be hereunto affixed, attested by its
Secretary, the day and year first above written. ,,,,~,,,..
CENTURY 21, DINKEL AND ASS
i,
serreeary A Color do Corporation ~=
STATE OF COLORADO,
Jefferson ss.
County of
The foregoing instrument was acknowledged before me this 1St day of May
is84 ,by Donald L. Dinkel as
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No.
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President and
Secretary of
CENTURY 21, DINKEL AND ASSOCIATES, INC. acorporation.
My notarial commission expires August 4, 1987
Witness my hand and official seal.
6425 dswo th Blvd., Ol NotaryPUGlie it
Arv CO 80003
om Corporation to Dint Tenants. -
BradfordPublishing. 5825 W. 6th Ave..Lakewood. C'O SW I4-13031233-6vee-Y.81 ~tk°
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~a=E A;-r-r ~c~f-{ EZ7 Foil
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3267 Wept Hampd~an Avanw
Englewood, Calo. 9U110
761.2962
SLJP.7EtT PRoPE"rz~`( IS IN A ZoN~ Q FLC~cII~ r-LAZA2n
A~En fyS PEr~ CI't`( OF \NNEAT RIDGE PANEL 056
DA ~ l~ ~ 113 1 83
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Fit~gu6
COLUMBINE SURVEYING,
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Current location ~
of dumpster.
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NOTICE: Accortl my to Col orada law you muff commence
any loyal actlon based uuon any dalect In this Im Drovemant
Iucat lon certltlcale wltbin slx years alter you first tllscover
such tlafact. In no event, may any actlon basatl upon any
defuet In this Imprnvahenl bWllan car Uliute be commenced
more than ten years Ir<un the date of the cenlllca UUh Shown
hereon.
IMPROVEMENT LOCATION CERTIFICATE
aC A lel
1 hereby certify that this improvement location certificate was prepared for
ShOFF.D hlor,tgage______
that it is not a laud survey 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 first the improvements on the above described parcel on this date,-April 25 1984
except utility connecrlons, ere entirely within the boundaries of the parcel, except es shown, that there ere no ancroeehments
ul,an the described I,~r:mises by improvements on any adjoining premises, except at indicated, and that there Is no apparent
evidence or sign of any ••asemeM crossing or burdening any part of said parcel, except as noted.
BUYER: tiI ~ u:Kl,l•:1'
ADDRESS: I'•~U`i iJv~;f ~IIiLh Avenue
TITLE CO:
CASE NO:
II ORDER NO: U.:--:I~i
PRfCE: ~ r~E)
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TERE ~QND~S~gVF.YORj i
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DATE ~. .
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L.EGAt_ ~ESCRIP~-IOn(
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GONG, I~
3267 Weet Hempd.an Avenue
Englewood, Colo. 130110
761.29H2
SvF•SECT pRoPE"CL~~( l5 IN A ZONE [3 Ft_cao HAZAtZD
~~EA r~5 PEf< cI"T'f o1= wNEA"~ R1DVE-PANELC~s6
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NOTICE: Accortling to Colo ratlo law You must commence
any legal actlon based uuon any defect In this Im provam ant
lucatlon cenlflcale wltbin six years aner you fllst tliscover
such tlelect. In nu event, may any action basetl upon any
select In thlslmprovem om lucatlon cartiflcate be com mencetl
more than ton yealS Irnni lne tla[e Of the ¢tlrtl flCatlph St1pWn
tuf reon.
IMPROVEMENT LOCATION CERTIFICATE
PnJ
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V) t
30' PIPt
Np TH
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1 hereby certify that this improvement location certificate was prepared for
S[<OF_ED Mortg~tge_--_ --
that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the aatabliahment of fence,
building, or other future improvement lines.
I further certify that the improvements on the above described parcel on this data, _~?Si t ~ 5. 1984
except utility connections, are ent(rely within the boundaries of the parcel, except es Chown, that theta era no encroachments
upon the described n~~tmises by improvements on any adjoining premises, except as indicated, and that there Is no apparent
evidence or sign of any •~;ISement crossing or burdening any part of said parcel, except as noted.
BUYER: tit ~If'Kl.lil' _ _
ADDRESS: ~ ,~))5 lJcst :Ifith Avenue
TITLE CO: _
CASE NO:
ORDER NO:
PA1CE:
V k:
• . >O DATE ~ rti:
~~ f
I'r1 /STO,e }~ y
Fi~/y~ue ~.e~
COLUMBINE I3UFiVEYINGa
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ADDENDUM 'A'
THAT PART OF THE NORTH 84.8 FEET OF THE SOUTH 134:8 FEET OF THE WEST ^
137.7 FEET OF THE EAST 167.7 FEET OF BLOCK 15, BEING MORE PARTICULARLY 'Ua'
DESCRIBED AS FOLLOWS:
BEGINNING 50 FEET NORTH AND 60 FEET WEST OF THE SOUTHEAST CORNER OF SAID
BLOCK 15, THENCE WEST AND PARALLEL WITH THE SOUTH LLVE OF SAID BLOCK 15,
A DISTANCE OF 107.7 FEET; THENCE NORTH AND PARALLEL WITH THE EAST LINE OF
BLOCK 15, A DISTANCE OF 84.8 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH
LINE OF SAID BLOCK 15, A DISTANCE OF 137.7 FEET; THENCE SOUTH AND PARALLEL -
WITH THE EAST LINE OF SAID BLOCK 15, A DISTANCE OF 54.8 FEET TO A POINT OF CURVE
TO THE RIGHT, HAVING A RADIUS OF 30 FEET WITii A CENTRAL ANGLE OF 90 DEGREES;
THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 47.12 FEET TO THE POINT
OF BEGNNING, °
LEE'S SUBDIVISION,
COUNTY OF JEFFERSON,
J'TAlE-VF Cu`LORADC).
fiEC:EF''f ION N0. ~i/iU/; ,:3:'0
0:~/.l4/84 11 : ~e:3 13 . U4~
FiECO(~UEU IN
COUNTY OF JEFi~'[:fi i0N
S'fft7E 01~ C01.O(iAt)0
>~ca
NOTICE OF PUBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on August 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 petition shall be heard:
1. Case No. WA-92-11: An application by Thomas
Elizabeth Blauvelt for approval of a variance
trash dumpster on a single-family residential
property is located at 11605 West 46th Avenue
described as follows:
That part of the north 84.8 feet of the south
the west 137.7 feet of the east 167.7 feet of
being more particularly described as follows;
Beginning 50 feet north and 60
Shockley and
to allow a
lot. The
and is legally
134.8 feet of
Block 15,
feet west of the southeast
corner of said Block 15, thence west an
south line of said Block 15, a distance
thence north and parallel with the east
distance of 84.8 feet; thence east and
south line of said Block 15, a distance
thence south and parallel with the east
15, a distance of 54.8 feet to a point
d parallel with the
of 107.7 feet;
line of Block 15, a
parallel with the
of 137.7 feet;
line-of said Block
of curve to the
central angle of 90
curve, a distance
right, having a radius of 30 feet with a
degrees; thence southwesterly along said
of 47.12 feet to the point of beginning.
Lee's Subdivision, County of Jefferson, State of Colorado.
ATTEST:
Wanda Sang, City Clerk
Mary L u hapla, Sec tary
To be published: August 5, 1992
Wheat Ridge Sentinel
• F:O. BOX 638_. - -TELEPHONE: 303/237-6944 The Qlty Of
7500 WEST.29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
August 10, 1992
This is to inform you that Case No. WA-92-11 which is a request __
for approval of a variance to allow a trash dumpster on ~ single-family
residential lot
for property located at 11605 W. 46th Avenue '
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the Municipal Complex, 7500 West 29th Avenue I
at 7'30 P.M. on August 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
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT Date Prepared: August 20, 1992
Date of Meeting: August 27, 1992 Case Manager: Bob Gaspar
Case No. & Name: WA-92-11/SHOCKLEY
Action Requested: A variance to allow a dumpster in a
Residential-Two zone district. _-
Location of Request: 11605 West 46th Avenue
Name & Address of Applicant(s): Thomas E. Shockley
11605 W. 46th Avenue
Wheat Ridge, CO 80033 --
Name & Address of Owner(s): Same
-----------------------------------------------------------------
Approximate Area: 11,677 Square feet
Present Zoning: Residential-Two
Present Land Use: Single family residential
Surrounding Zoning: N & W: Residential-Two, S: Residential-Three,
E: Agricultural-One.
Surrounding Land Use: N & W: Multi-family, ~ & E: Vacant
-----------------------------------------------------------------
Date Published: August 5, 1992
Date to be Posted: August 13, 1992
Date Legal Notices Sent: August 11, 1992
Agency Check List ( ) Attached (XX) Not Required
Related Correspondence ( ) Attached (XX) None
-----------------------------------------------------------------
ENTER INTO RECORD:
( ) Comprehensive Plan (XX) Case File & Packet Materials
(xx) Zoning Ordinance (xx) Slides
( ) Subdivision Regulations (XX) Exhibits
( ) Other
-------------------------------------------
RISDICTION:
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-92-11
REQUEST
Page 2
The applicant is requesting approval of a variance.. to allow a
trash container on a residential property.
FINDINGS OF FACT
1. Can the property in question yield a reasonable return in
use, service or income if permitted-to be used only under
the conditions allowed by the regulations for the district
in which it is located.
The property has an existing residential use and denial of
this request will not obstruct the continuation of the use.
The property can yield a reasonable return, and will
continue to permitted to be used under the conditions
allowed by the Residential-Two regulations.
2. Is the plight of the owner due to unique circumstances.
The plight of the owner is not due to unique circumstances.
3. The variation, if granted, will--not alter the essential
character of the locality.
The variance, if granted, could alter the essential
character of the neighborhood, as there are no other trash
dumpsters in the residential neighborhood.
4. Are there any particular physical surroundings, shape or
topographical conditions of the property involved that would.
result in a particular hardship.
The particular physical surroundings, shape or topographical
condition of the specific property involved would result in
a particular hardship upon the owner as distinguished from a
mere inconvenience, if the strict letter of the regulations-
were carried out;
5. Are the conditions upon which the petition for a variation
is based be applicable, generally, to the other property
within the same zoning classification.
The granting of this variance could result in the setting of
a precedent for similar requests for trash dumpsters in
residential zone districts.
6. Is the purpose of the variation based exclusively upon a
desire to make more money out of the property.
The purpose of the variation is not based upon a desire to
make more money out of the property, but is based on
convenience for the applicant.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-92-11
Page 3
7. Has the alleged difficulty or hardship been created by any
person presently having an interest in the property.
The alleged difficulty has been created by persons having
interest in the property.
8. Will the granting of the variation be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located.
Granting of the variation would not be detrimental to the
public welfare or injurious to other property or
improvements in the neighborhood in which the property is
located, provided that the container is located entirely on
the property, not in the right-of-way, and is screened.
9. Will the proposed variation would not impair the adequate
supply of light and air to adjacent property or
substantially increase the congestion in the public streets
or increase the danger of fire or endanger the public safety
and substantially diminish or impair property values within
the neighborhood.
The granting of-this variation would not impair the adequate
supply of light or air to adjacent properties nor increase
traffic congestion or endanger public safety, provided that
the container is properly maintained in a clean condition.
CONCLUSION AND RECOMMENDATION
Based on the preceding "Findings of Fact" Staff has reached the
following conclusions:
1. The property can yield a reasonable return in use and will
continue to if permitted to be used under the conditions
allowed by the Residential-Two regulations; and
2. The property is similar to other locations and uses and-there
are no unique circumstances concerning the location of the
subject site; and
3. The granting of the variance could alter the essential
character of the local neighborhood as there are nQ other
trash dumpsters located in the local neighborhood; and
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-92-11 Page 4
4. The granting of this variance could result in the setting of
a precedent for similar requests for trash dumpsters in all
Residential-Two zones; and
5. The request is based on a matter of convenience, and not
necessity.
Therefore, based on the "Findings of Fact" and the conclusions
derived, a recommendation of DENIAL is given for Case No. WA-92-
11.