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HomeMy WebLinkAboutWA-92-12 rna crey of ADMINISTRATIVE PROCESS APPLICATION ~]Vheat Ridp~a Department of Planning and Development 8 7500 West 29th Ave.,-Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~11ft~0F i~~ ~~. Address ~a6D ~~~~"''d~rPhone r~.39°'~1a~.~ ~~in~ Address ~~-1h E Phone v`i'n c Owner Location- of-request Si~'n E ~~~~ ~~~~"'~~~ ~T' 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 e Preliminary Final []** See attached procedural guide for specific requirements. 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 Detaile-d Description of request Dc. Ti$e f~EO _ G•7 ~' ~~`~ -SFr/.~/'CK ©~' /.5" FT ~'/Z6A7 ~DU~u/JA2f yS1'~f9D d~ ~d ~7% _ .. ,- _ . List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. 3~7~d ~' PHONE - / I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-o£-attorney from the owner which approved of this _actio~o/~n his behalf/.,~ /~ Signature of Applicant __f%72r~~ ~~" ~/~ - Subscribed and sworn to me this ~ day of 19 ~O1' ('EtCL~~-0`~"~ 7.U•,~ok ~~~. Ly-/ult K'cLkc.,C-® -- Notary Public i~ ITY Of- WHEAT RIDGE _ _ '•~•75irr> W •:'STH AVE.. F'. O. EIO,~.rS>3 WHE(-1T RIDGE, COLORADO 8~~i034 RED=FINED FF,'OM: RICHAI=:D F. HILL, JR. DESi_:F:IFTION: VAF:IAIVI'•E AMOUNT CMEC:k:: ~Si~.iaii CASh-I: ~i.i, ~~4 CHARGE:- ~Ci.~~ti MOI~IEY ARDER: x0.00 DATE FAID: JUN 14, 1'x'32 CHEC:F-' N0: 1:215 AMOUNT I{EC:EIVED: CSC>.=70 01='R ID: SHEL F'ECEIFT NO: 48663 ~' ~ ~ RECEPTION NO. 4IDPJ8f0258 fried for record the nay of A D. 19 et o~ctoc 9/18/90 11:25 22.5PJ O Reception No RECORDED IN ..: , < ,. ..-,,... ,:.,:. ,<.;,. .,.. ,..,,. »., ..:,COUNTY OF JEFFERSON STATE OF COLORADO i THIS DEED , Nade this day of Septeillber 14, 1990 , between ~URTNESi H. S4~NSON and BARBARA J. SNTP,NSON, as Joint Tenants of the County of JEFFERSON and State of Colorado, of the first part, and RICHARD F. HILL, SR. and D0137IHY V. HILL and RIQIARD F. HILL, JR. whose legal address is 3260-62 GARLAND STREET 4~AT RIDGE tb 80033 of the County of J~EFEE,2SON and State of Colorado, of the second part: WI TNESSETH, That the said party of the first part, for and in consideration of the sun of C***$125,000.00) ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS AND 00/100TH5 and other good and valuable consideration to the said party of the first part 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 aM confirm unto the said parties of the second par[, their heirs and assigns forever, not in tenancy in crnmon but in joint tenancy, all the following described lot ar parcel of land, lying and being in the County of JEFFERSON and- State of Colorado, to wit: SEE ATTACHED EXHIBTP A ~r': also known as street number 3260-62 GARLAND STREET la,~~~~ TOGETHER with all atd singular the heredilaments and appurtenances thereto 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 demand whatsoever of the said party of the first part, either in Lau or equi ty, of, in and to the above bargained premises, with the heredi laments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second pert, their heirs and assigns forever. And the said party of the first pert, for himself, his heirs, executors, and administrators, does covenant, grant, bargain end agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell arcl convey the same in memer and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, razes, assessments and encurbrances of whatever kind or nature soever, g}{~pr GENERAL TAXES AND ASSFSSMEKI'S FOR THE YFAR 1990 AND SUBSDQUENP YEARS AND SUBTEGT TO EASE[~1TS, RFSERVATIONS, RESTRICPIONS, ODV13dANPS AND RIGHTS OF FII>.Y OF REOORD, IF ANY W W W ~" y STATE OF COLORADO County of ss. ` (1h //mil/) d 1 ii~/l'7/_~~ (SEAL) the foregoing instrunent was acknowledged before me this day ofSelJtelObE'.L' 14, 1990 by OOUR7.NEY H. SFFeNSON and BARBARA J. SNa1NSON My commission expiresOCtO~7eY' 28, 1990 Witness my hand and official seal. MARY C. A'COSTA NOTARY PUBLIC STATE OF COLORADO end the shoved bargained premises in the quiet and peaceable possession of said parties of 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. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand an~yse l the day and year first above written. ~ ,~ f Signed, Sealed and Delivered in the Presence of Form 921A CONFUTER WARRANTY DEED - To Joint Tenants SVS1064.0299338 K0299338 _,, . i~ . ~~~5~~ ~ ~ L' ~~1 ~~ -' otary Public i[lat av ': 1 / ~ INC. AYWEYOR•• Ibis WECi TWlIiR•1KIY AYAMUf LA NCw,ri .,. GG.O. AOf IT. \\ 9M.! iif~1111 LCOEND: ry- •.APPROKIMATE FENCE LINE 1 EASEMENT (. GAS IP 5. 00.1 -]~^-,.~ .CONCRETE II UTILITY Ci UflAINAOE 11 ~ cOYERED ENTRY • OROSS ON WALK I ~~ • DOVERED PATIO ~H s OVEPHANG ISLDG ` 11• • CHIMNEY Yn !VF 5. • MTL OR FPM. SHED O H.U • OVEPMEAD UTIL tIES ~ ' d 4 1 y A ~gI 6• W %Q~ % i ~: d 3 JOB NO. 9009-12 • AND TITLE GUARANTEE CO. -299338 S II ' 60-3262 GARLAND STREET L14 EAT RIDGE, COLORADO A~7 U HUYERs HILL N 1 9TO¢`( \I ~a.,GAC c ~~~~ . •3 ~ C~P•2 d p Q •• •. N 4A.ii N Ua •4.4' \O ~ t gtoYZ'T' Y f~ ~ A[Lr=.,t f \• 4\• n ts< s ~A~dP05E D C•lA'IZA(rE t ll I THE t.Uki'I, 10U PEST Ur -IHt FOI_E_OWIhk; UF.S'CRLUtU TRACT: :yi•'q~. '.:~~ifryF: ALL THAT pUR'i LUN OF THE :SOUTHEAS7 UN~-CiIVAR'fER OF THL= SOUTHEAST GNc-UUAIt'fElt OF THE NCIRTHWESf- ONc-UUHR'fER UP SECTION 27, II 'fUWNSHIP 3 SUU'fH, RANGc o9 WL•::iTA D'eo"CRfGiED AS FOLLOWS' DF.CINN1Nl, AT H PU!'NT lol. 55 Ft:ET NGA3 ill OF THE SOUTHEAST CORNER OF THE NClft'fHWE5T UNFi-UUHNTC:It iiF SEC I tUN ~%. :3 GOVTH, RANGC 69 WEFT: ANG HUtJNf NG l'HEtJ\;c IJURIH :.72. FEE fA l'HENCE AT R1CHT ANGLES WEST l68. b FEETt THEIVCE AT H1'GHT HNt:F.E5 SGUTH <7Id F-EETt THENCE AT RTFIHT ANGLES EH51 l65 6 FEE I' TO 'f Ht: YIJINT OF 1'1E\:[NIVINv^, E 1cCEPr THE wES T. 1S.EEET O,= sdIJ~7RA<; T,. WHICH, Wp3 EACLP TLD IN. SEED HECr1H DC-U •Mi,Y 4, 14 Fi IN UOI]H 3El'.' HT rHA:E 474 :,NG WAS , C DNVEYEU TU UEp PERSON COUNTY tIV USED IaCL,N DED JUNE P.31 1953•. IN DDUK B12 AT PACE tli@. COUNTY OF J4cf%F~Fb'OIV. EiTATE DF" COLORADO. ,, Q r1 Y ~Q ~v a~ ~~ ~R ~~ I hnre6y certify that this lwrove~ent Iecat[w certificate Kae prepared fOTLRND TITLE RANTEE CO. AND THE HiLLE ,that it Is rot a Land Survey plat Dr IAprDVeRent servey plat, and that it is rot to he 6e relied upon far the establiehcent of fence, bulldln9 or other future i~praeient Tines. 1 farther certify that the Ispravecents on the above descr lbed parcel an FI{lSFI(~BER 13, 1990 PA~.Ipt utility cohnect lone, are entlrDly within the 6ound~I,ilts.ot•jhe parcel, except as shah, that there are m„Incroachments upon the described preloises by lwrD~emAlt~ dllAp 'BdJDinirg prenises, except as Indicated, alai that there is ro apparent evidence ar sign of a ~Ss~,n~fnj ar burdening any part of said parcel, ~r A ,rat as rated. ~J ft~~ eo ., ~: r"CFA t '.911G 11 [0.aAAx LY IW Mil CAl11EISE All lfiA[ ACIIAI IASEI Wfl 14112 ~ ~ ••~ :[NCI lA txli Ix1ApuFIxMi LGWIII CFAlI11GIt YIIMII IHAC[ nAAS >• I[A IM inSi IISC7VCA SUCN tEIECr. IA ID [VIII. M( 117 A[IWI IASEI ( ~r •A MI 1[RCI II IRIS InnAEY1KIl l1(Ai10. CFAl li l(AIC If [ET[x(EI x(A[ 7 n' "------------------------- ~-- '•-., •FI uAns Non INT. oat a IH uuv¢ulp~ sxon xtwEOx, ___d.`Ple hb SUR~,•_'I~YZP ,`~`-~EPTEMfiER 17, 1990 _ _ _.. E X X I B [ T ~~ ~ ~~ • 'NORTH 100 FEET OF THE FOLLOWING DESCRIBED TRACT: ALL THAT PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 161.55 FEET NORTH OF THE SOUTHEAST CORNER WESTHEANDRRUNNING THENCENORTHF272CFEET;2THENCEOATHRIGHTGANGLES WEST 165.6 FEET; THENCE AT RIGHT ANGLES SOUTH 272 FEET; THENCE AT RIGHT ANGLES EAST 165.6 FEET TO THE POINT OF BEGINNING, EXCEPT THE WEST 15 FEET OF SAID TRACT, WHICH WAS EXCEPTED IN DEED RECORDED NAY 4, 1938 IN BOOK 387 AT PAGE 474 AND WAS CONVEYED TO JEFFERSON COUNTY BY DEED RECORDED JUNE 23, 1953, IN BOOK 812 AT PAGE 512, COUNTY OF JEFFERSON, STATE OF COLORADO. RECEPTION N0. 9PJP180J258 i ~.. NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on June 25, 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-92-12: An application by Richard Hill for approval of a fifteen (15) foot variance to the required thirty (30) foot front yard setback as regulated in the Residential-Two zone district. The property is located at 3260 Garland Street and is legally described as follows: The North 100 feet of the following described tract: All that portion of the southeast one-quarter of the southeast one-quarter of the northwest one-quarter of Section 27, Township 3 South, Range 69 West, described as follows: Beginning at a point 161.55 feet north of the southeast corner of the northwest one-quarter of Section 27, Township 3 South, Range 69 West; and running thence north 272 feet; thence at right angles west 165.6 feet; thence at right angles south 272 feet; thence at right angles east 165.6 feet to the point of beginning, except the west 15 feet of said tract, which was excepted in deed recorded May 4, 1938 in Book 387 at Page 474 and was conveyed to Jefferson County by deed recorded June 23, 1953, in Book 812 at Page 512, County of Jefferson, State of Colors o~ /~ Mary u Chapla, S cre ary ATTEST: Wanda Sang, City Clerk To be published: June 11, 1992 Wheat Ridge Sentinel P.O.80%638 TELEPHONE: 303/237.69dd The City o{f 7500 WEST 29TH AVENUE • WYIEAT RIDGE. COLORADO 80033 - G[xjheal • Ridge POSTING CERTIFICATION CASE N0. /iI/f~-9~-/0~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE : Su ~v ~ ,? ~ / ~~~ I, -- ~~~r/R/cD F~ /-~i ~ ~ T n a m e residing at .~aciCJ ~~g/GLyf,~Jp ST ( a d d r e s s r as the applicant for Case No. /,(//f - 9v? " l..? hereby certify that I have posted the Notice of .Public Hearing at ~/Lanr7' ~~a'~~Gr~,+io ST, /-a~vD / / ,E7 J9C/C ( / +3'f ( l o c a t i o n) on this ~~ day of ~u1v~ T/~6 9118/Sa n/ ~T 19~ Z 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• ~~~~~ ~.~eo~ NOTE: This form must be submitted at the public hearing on this ease and will be placed in the applicant's case file at the Department of Community Development. w S ~I 9~ ~~ ~~ w p ~~ _~ ~, -... -~ I 1 ~~ v ~_. _ _ _ - C ~- P.O. BOX 636 _ _ TELEPHONE: 303/237-6944 The City of 7500'WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge June 9, 1992 This is to inform you that Case No..WA-92-12 which is a request for approval of a 15' variance to the required 30' front yard setback for property located at 3260 Garland Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of .the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M. on June 25, 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" P 907 115 171 f Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail - ~...v~amse (Rm Amvmrmml Richard Hill 3260 Garland Street Wheat Ridge, CO 80033 Postage - _ _ P 9Q7 115 170 Certified Mail Receipt ~ No Insurance Coveage Provided Do not use for International Mail John Hitt 8185-Moore Street Arvada, CO 80005 [ P 907 115 169' Certified Mail Receipt No Insurance Coverage Provided Do not use for Intemational Mail [Rww Rwvwrcwl i Donna Rodgers 3270 Garland-Street Pj 907 11,5 168 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail -~ (See Revwrcwl - ~~m3f~il3 Beverly Wheeler 3235 Garland Street Wheat Ridge, CO 80033 W W m c O d W M E W a Postage - d` - P Certilietl Fee ~ _ ~ ~~ Special Delivery Fee Restricted Delivery Fee Return Receipt shw+ing to Whom & Dale Delivered Retum Receipt Showing to Wham, Date. & Address of Delivery TOTAL Postage Q & Fees ~P Postmark ar Date -= --- - . ..y ~,~~_ W(1 ~ V ~ ~ 'p _ 3_h~ l -~ _rn ` a ~~r ~~ ii-w ~- s i ~~ O ®_ I i ~~_ m N ~Q rye Vii! --C ~m -- n m ~~ x ., x ~ w °o an~ O O W ' D pm ~a» m m rn ~ m n'o cmm m w ~ ~ 3 n~ py, ^' N L'v o~ m m °z o ~ a C\m w o a' c E~ d~a .. m ? i n w a ~~yy ; m m~ n ' x ~ x N G m .-.¢ ,m d $ c m -r a L -,-DL. xm m m c c I I H ~ O w ~ ~ m,~x • o r• i I ~~ o~= a< ~~~ i s~wr N O rt ~ W zw z 0..N P. rD ~ (D ~ (1 N ~z nm O ~ V X W x Ol W 'O OmC • o w W D - . pm ~a< wm bum m Gm v ? A m nocm~i I ~, c C w lb N D Sm f ~ ~3 nQn ap Am \ m m ( W N D `~ m mm N' m 70 ~ o pt t ir 0 n~ ~m ' D v D rt Fi ' .m =w E^ ~~m' o ' < m ~ a G7 F `C ' t1' m ~ o ac ~ m,,, 3 a ~ ~ r ¢ 3m x <aT m m' ^ ~, w m 0..F'£ O4 W ?' ~ -o_ .n ..mm ma o~ m (D p (D m c ~ r3.. (D ' mo ~m~ oo~ ~c 3 e F C'] O N - ~ nm a• m• 9 m a ~Z ~ ~m o mN k: . o;,m»m ~ mmc n N O rt O F w -? o mm~a E , W ~ a2»mm m m ~ ,o nn mwm•'~ a _. - m~om~ n I o m m Ef 0 c .< v nm m ~ W • o D l - ~ -i ^< A ~mwOm m a.m < m nm p 2 _- _ -~_D .-__- m< x o v m D ~ m m m --_ _- _ __ __ '-~ a m a T m o~ ' ~ pn m o r c m o m , N m m ' j Q H o m N m m ~ m m ~_ m 0.m m n m o m m ~ n G r 2 c m m^ p cOm n m Qm x D m ' m ~ m 3 9 mmo ~ mm m m `~+ D m ~ m Q . m m n ^ ~ o a rva o~ ~ 'a= m°, _ 0.N <~ SI l7J ~Q OmN n m m o ~c o c ~ m c m f' o . O n m3 n o o t. u na a ~ .o m o~m `C m m Sm m ~m nr; '~ »mm m » , 3=~ ~ m ~m~ gm? m 3 ,am ~- P 9177--115 167 ` Certified Mail Receipt No Insurance Coverage Provided ~ Do not use for International Mail ^,~,~ (See Reverse) -- _ Rose Smith 3237 Garland Street Wheat Ridge, CO 80033 Certitietl Fee Special Delivery Fea _ _ ._ _l. R 9G7 115 166 Certified Mail Receipt No Insurance Coverage Provided ~ Do not use for International Mail ,~~~~ (See Reverse) i. Shirley Reid 3230 Garrison Street Wheat Ridge, CO 80033 .- k Postage - ' Q { __ W _ _ Ceninetl Fee - _ _ Special Delivery Fee -_- ' -, H P °,07 115 165 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail ~~ (See Reverse) - Fred Kurtz 3240 Garrison St Wheat Ridge, CO 80033 O) C O O GD M I a ~~~ Postage -.___ _Q` P Cetlitletl Fae -- Special Delivery Fes Restricted Delivery Fee _ Return Receipt Shaving to Whom 8 Date Deliveretl Return Receipt Showing to Wham, Oate, & Pdtlress of Delivery TOTAL Postage 8 Foes 4' ~P Postmark or Date E `o LL N __ _~._ -_ a ' _ 0 -~ f_n ~ 3 D f n <WM Om~ oc 2 w ~ ~ W . y O m 'm fD W N ~ Fom~aAS m ~ ' rt mom f] m i - D f \D G~ rn ~~„ s a85 3 ~, .z m m. yj N ',~ to o m~ . v _ m » a. ~m ~ f,. rt f,. o, - a,N,rt , 3 m . ~ T - xmam m m ~° i'y ~ ~ a' ~ a - ®W 09 - -~ (~ p' mooo~ 3 * ~ w Orr __-.__. __ _____ ~o.m mdysZ amL ca__ _-~_ 4 N ~~. ~_~ ~- ~ ;, e -~ a ~a V X W K~ __. W 'o owc • m ~ . Om o ,'o G'm 1 r~ ® m . m=" _ p• m .m. ~ W rn m Qo m Pm aO ~ l m m ww F m aAa p ``mm m m ~ I I W O rt -a o m°~y O m t~~°ee a ~ ~ ~ a o m~~ v V ~ m m ax m m m - ~ a ri 7~ •. a ~ P. O ®.,, -mc 9 m - -.~ _ _ _. _ _ _. . , ~~o. oo~ 3 V X al m m N H -m np - ~mm3 rp l~ fD ~ m Fpm®a I {'s rt o a ~a ammmS ~ .• 'JJ G7 'h' N G --a n o,~ w s » (~ I Q m~» a N• a rt rS rt rt o 3o<m'~' m ~ m N -a 8'm m am m ~ - <- mooo~ m 3 . O rt ~ q 2¢m yZ j ~ms my m ~ O ~ moom0 w• ~~ ; 0. ~ - 8mmmz N w Vl 6mmODm ® W mm0 m a<mOm S m D l ~J o n -I p ma®_m m ~ m m m a m ry m x m D mn n m m m m ' ~ m' ~ m 0 o• ~ m ,• ~' " m m Vl o m N m O T m m S= ' n m `" a m 3 a 2 c m m a ~ D m ~rty~ n m ® m m'm ,m. m ~y mma m O e ~ ~ 0 n mp a ^~^ _ , m _ T m~m., om00 Omm 6 ~a ,T ^'n O n 3$~~ m0 ~ n ~'m cm~ o - ,.m- 3 w T~ 6 a0~m D m m gym. n ~ `;m= m i ~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: BOARD OF ADJUSTMENT Date Prepared: June 9, 1992 Date of Meeting: June 25, 1992 Case Manager: Greg Moberg Case No. & Name: WA-92-12/HILL Action Requested: A 15 foot rear yard setback variance for the- construction of a two-car detached garage in a R-2 zone district. Location of Request: 3260 Garland Street Name & Address of Applicant(s): Richard F. Hill 3260 Garland Street = Wheat Ridge, CO 80033 Name & Address of Owner(s): Same Approximate Area: 15,050 square feet Present Zoning: Residential-Two Present Land Use: Two-family residence Surrounding Zoning: N, S, E & T,jn: Residential-Two; Surrounding Land Use: S & W: Duplex; N, & E: Single-family ----------- ---------------------- Date Published: June 11,.1991 Date to be Posted: June 11, 1991 Date Legal Notices Sent: June 11, 1991 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) Exhibits. ( ) Subdivision Regulations (XX) 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-92-12 Page 2 I. REQUEST The applicant is requesting approval of a fifteen (15) foot variance to the required thirty (30) foot rear yard setback to allow the construction of a detached two-car garage. Because the property is a "through lot", a lot with dedicated right-of-way on both the front and rear property lines, the garage is required to have a thirty (30) foot rear yard setback (ie. Section 26-15 (F)(b): Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.). II. SITE The subject site Currently on the covered parking. detached two-car minimum of fifte~ applicant's rear has an approximate area of 15,050 square feet. site there exists a two-family residence with The applicant is proposing to construct a garage. The proposed. garage setback would be a ~n (15) feet from Garrison Street, the yard. III. FINDING 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 regulation for the district in which it is located? Because the property has an existing use and denial of this request will not obstruct the continuation of this use, the property can yield a reasonable return, and will continue to if permitted to be used only under the conditions allowed by the Residential-Two regulations; and 2. Is the plight of the owner due to unique circumstances? The property is of a similar size as surrounding lots in the immediate area. There is enough room on the site to add a two car garage-and still meet the required setbacks. However, because this entire block backs onto Garrison Street. and because many existing garages have setbacks of much less than thirty (30) feet a unique circumstance could be considered based on the existing setbacks; and 3. If the variation were granted, would it alter the essential character of the locality? The granting of this variance will- not alter the essential character of the local neighborhood as setback encroachments to rear yards do occur; and 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-12 Page 3 distinguished from a mere inconvenience if the strict letter of the regulations were carried out? There are no particular physical surrounding, shape or topographical conditions that would result in a particular hardship as distinguished from a mere inconvenience; and 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 for rear yard setback encroachments has already been set;-and 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? The purpose of this variance is not based exclusively upon the desire to make money; and 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant has not created any hardship; and 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? The granting of this variance would not be detrimental or injurious to property or improvements within the neighborhood; and 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? The granting of this variance would not impair the adequate supply of light or air to adjacent properties nor increase traffic congestion or endanger public safety. IV. CONCLUSION & RECOMMENDATION Based on the preceding "Findings of Fact", Staff has reached the following conclusions: 1. The granting of the requested variance will not alter the essential character of the local neighborhood as many rear yard setback encroachments exist in the immediate area; and BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-12 Page 4 2. The granting of this variance will not result in the setting of a precedent for similar requests as other rear yard setback encroachments already exists; and 3. The granting of this variance would not be detrimental to the public welfare or_injurious to other property or improvements in the neighborhood; and 4. The granting of the requested variance will not impair the adequate supply of light or air to adjacent property nor increase the congestion of public streets or increase the danger of fire or public safety. Based on the conclusions derived from the preceding "Findings of Fact", staff would recommend that Case No. WA-92-12 be APPROVED. - CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 25, 1992 Page 2 2. APPROVE THE. ORDER OF THE AGENDA Motion was made by Board Member HOWARD, seconded by Board Member REYNOLDS, that the agenda be approved as printed. Motion carried 6-0. 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 -- aroma ~_'?~-V_=~_~_: An application by Richard Hill for approval of a fifteen foot variance to the required thirty foot front yard setback as regulated in the Residential-One zone district. Said property is located. at 3260 Garland Street. Meredith Reckert presented the staff report. All pertinent documents were entered into record which Chairman BERNHART accepted. ' Chairman BERNHART said he knew there were precedents in the neighborhood for setbacks, but what about precedents set for four-car garages, and Ms. Reckert replied her analysis of the situation is actually most structures along Garrison Street are one and two-car garages (mostly one car). Chairman BERNHART wanted to know if properties in the area have garages in the front or the rear, and Ms. Reckert replied it varies, but most of the garages and carports face Garland Street. Board Member HOWARD asked if there is any information whether the garage setbacks on that street were acquired from a variance or were they built before incorporation, and Ms. Reckert answered there were no setback variances, so some were existing structures, however, a couple of the garages were constructed when the setbacks were 5 feet. It was noted that in 1988 the LDR Task Force re-wrote the zoning regulations and the setbacks were increased to 30 feet. Ms. Reckert commented on the unfairness for through-lots because the requirement of meeting 30 feet on both sides creates a very tight yard, and added there are more problems on Garrison Street than on Garland. No further questions were asked of staff. ' CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 25, 1992 Page 3 Richard F. Hill, Jr., 3260 Garland Street, was sworn in. Mr. Hill entered into record sketches of 16 properties between 32nd and 35th Avenues, 9 of which have garages that set on the property line. Mr. Hill said if he builds his garage with the current setback requirements, the garage would be the only one on the block that sets back in. Mr. Hill felt his garage would look out of place and just wants to conform with the neighborhood. The garage will be half brick and half siding. Mr. Hill added there is one home on the block with a six car garage. Chairman BERNHART questioned how big the garage would be, and Mr. Hill answered 24' x 24'. Chairman BERNHART said since this garage will not serve both sides of the duplex, is one side a rental, and Mr. Hill answered no, he lives on one side and his mom and dad live -- on the other. No further questions were asked of the applicant. Fred Kurtz, 3240 Garrison Street, was sworn in. Mr. Kurtz said he lives across the street from the applicant and said they keep their yard very beautiful and added if the work on the garage looks anything like their house, he would be in favor of it. No questions were asked of Mr. Kurtz. Chairman BERNHART asked staff if any correspondence had been received, and Ms. Reckert answered no. Motion was made by Board Member ABBOTT, that Case No. WA-92- 12, an application by Richard Hill, be APPROVED for the following reasons: 1. The granting of the requested variance will not alter the essential character of the local neighborhood, as many rear yard setback encroachments exist in the immediate area. As these are through lots, the entire lot backs up on to Garrison Street. 2. Of the eight existing garages on Garrison, none have more than a 16 foot setback. 3. The granting of this variance will not result in setting of a precedent for similar requests as other rear yard setback encroachments already exist. 4. The granting of this variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood.. 1 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: June 25, 1992 Page 4 5. The granting of this variance will not impair the adequate supply of light or air to adjacent property nor increase the congestion of the public streets or- increase the danger of fire and public safety. 6. A neighbor living directly across from the applicant spoke in favor of .the variance. Motion was seconded by Board Member ..RICE. Motion carried 6- 0. Resolution attached..- 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. There was a brief discussion regarding attendance. 7. NEW BUSINESS A. Approval of Minutes: Motion was made by Board Member ABBOTT, seconded by Board Member ROSSILLON, that the minutes of April 23, 1992, be approved as-printed. Motion carried .6-0. Motion was made by Board Member ROSSILLON, seconded by Board Member ABBOTT, that the minutes of May 28, 1992, be approved as printed. Motion carried 6-0-. B. Ms. Reckert discussed FEMA's Flood Plain insurance rating, and told of the meeting with them on July 15. 8. ADJOURNMENT Motion was made by Board Member ABBOTT, Seconded by Board Member ROSSILLON, that the meeting be adjourned. Meeting was adjourned at 8:06 p.m. Mary Lo hapla, Secr tary PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-92-12 DATE: June 25, 1992 REQUEST: An application by Richard Hill for approval of a 15' variance to the required 30' front yard setback as regulated in the Residential-Two zone district. The property is located at 3260 Garland Street. Z Position O.n Request ' ' (Please Check) SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) _ ;__IN FAVOR ; OPPOSED 2y~ i t i i i i i i ~ i ' i Y 1 . 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 25th -day of June 1992. CASE NO: WA-92-12 APPLICANT'S NAME: Richard Hill LOCATION: 3260 Garland Street Upon motion by Board Member ABBOTT ,-seconded by BOard Member ROSSILLON the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer;.. and WHEREAS, Board of Adjustment Application, Case No. WA-92-12 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS; the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS; the relief applied for MAY 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-92-12 be and hereby is APPROVED. TYPE OF VARIANCE: 15' to the required 30' front yard setback in a Residential-Two zone district. PURPOSE: To build a detached garage FOR THE FOLLOWING REASONS: 1. The granting of the requested variance will not alter the essential character of the local neighborhood, as many rear yard setback encroachments exist in the immediate area. Since these are through lots, the entire lot backs up on to Garrison Street. 2. Of the eight existing garages on Garrison, none have more than a 16 foot setback. 3. The granting of this variance will not result in setting of a precedent for similar requests as other rear yard setback encroachments already exist. 4. The granting of this variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. wA-92-12/RESOLUTION Page 2 5. The granting of this variance will not impair the adequate supply of'light or air to adjacent property nor increase the congestion of the public streets or increase the danger of fire and public safety. 6. A neighbor living directly across from the applicant spoke in favor of the variance. VOTE: YES: Abbott, Bernhart, Howard, Reynolds, Rice and Rossillon NO' None DISPOSITION: Variance granted by a vote of 6-0. DATED this 25th day of June, 1992. G~ ~'~~ ~ ~ ~' ~ O N BERNHART, Chairman Mary c~u ^hapla, Secre ary 8 and of Adjustment Board o7 djustment