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Home My WebLink AboutWA-92-17f C % ,.i . ..4 f. y The C/ty of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Appl3cantlL~R '~ nt/2si ~'(£./`E~ZAddress '~ g$'~ 51 e5 Phone oj.3/ /Z,zj2 O[•mer ~',tP,~..~y' Addres's 3~~-~ Phone 5~--~..~ Location of request ~ g~` ~' Type o£ 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. 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 Detailed Description of request List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee,-etc. NAME ADDRESS ~ ~8 8' 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 action cannot lawfully be accomplished. Applicants other than owner m t uJamit power-of-attorney from the owner which approved of this ~~%~~~ behalf. Signature of Applicant Subscribed and sworn to me this ~ day of ~~~,.,/,~r , 19 ~_ SEAL ~~aiy ruullc MyCommissitmExpires June 13, 1993 My commission expires _ Fi17Stuatt__ c~eceipz No. Case No. J './ H W W W W 41ST hVE 1- tn W ~ c n p W I- N L1..1 G-~ I I ~ AVE ._ . . n...wa,,,a,.,,r w. ro.., wa,o..~a r,r u.r=+-~.tr art rwr c..,d..b. tro n.u+x IF THIS FORM os USED IN A CONSUHER CREDIT TR.aNSALT£ON, CONSULT LEGAL COUNSEL. Rii14AL10At NSTRUIEMf.FNOT tNgIFAbYtt06,IfWl, TAI OROiNEftCOIIFISE1 ttI10iILD eCDNSIAIFA#FOIIES~tttta. UEEID OF TRUST 1Due on'il'ansfer - StrictP TH1S DEED OP TRUST is made this ^lOth, a de vo fHorroweri, ,I9 g2_,b iweea whoeeaddremis sass ba4en a,_.=~~ ....__- -.--.. -,_- aad the Public Trustee o£ tha County in which the Property (see par eph I I is aieuatrd 131'usteel; fur the benefit o[ AUDIE L. WISENER AND GLORIA J. WISENER, A~ JOLNT TENANTS (Lenderl,whoeeaddreeais P.O. Box 567 Wheat Ridge, Colorado 80034 Borrower aad Lender revenant and agree as iollowa: 1. Property in Trust. Borrower, is ~neiderntiaa of the indebtedness herain rerit~l and the oust herein created. hereby grants and cottvaya to Trustee in trust, with power o! Bala, the following described property located in the County of Jefferson , Sou of Colorado: 5EE ATTACHED EXHIBIT "A" which has the address of 3888 Estes Street Wheat Ridge .Colorado _ $0033 ,ayi PyY principal sort u£ SEVEN THOUSAND AND NO 100 ths--------'---'•' with inteteat on them id anti ni balance from Jul'Y 10 __ U.S. Dollars, pa p ~ P rate of 10 pncent par annum, with principal and interest payable at P.O. Box 557, Wheat Ridge, Colorado aee3below or retch other place as the Lender may designate, in IProperTy Addressl. together with all i!s appuztsaaacea {Propertyl. Z. Nate; Other Obligations Secured. Thss Deed o£ Ttust is given to secure to lznder: A fdte re went ai the indebtedness evidenced by Bo-n'ower a note INotel dated Jul 10_. , ____ I9 y lL ,until paid, at the paymentsaf see below see below see below Dollars iU.S. g I dues on the day of each ,,.._._. _ _ _ begittniag January 10 , ,19 93 ;such payments to rnnlinue turtil the tnine indebtedness evidenced by said Note is £edly paid; however, it not sooner pn(d, the satire principal amount outatand'utg and accrued Interest thereon, shall be doe and payable on July 10 , 19 94 : , PAYMENT_ STRUCTURE: First payment: Due January 10, 1993 $1,750.00 plus interest $350.00 $2,100.00 Second payment: Due July 10, 1993 $1,750.00 plus interest $262.50 = $2,012.50 Third payment: Due January 10, 1994 $1,750.00 plus interest $170.00 = $1,925.00 Four payment: Due July 10, 1994 $1,750.00 plus interest $ 87.50 w $1,837.50 U % of any payment nest received by the Lender within and Borrmrer is to pay w Lender a late charge of 0 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under acid Note, in whole or in part, at say time without penalty K with intcrest ehrreon et 10 % per annum, diabwsed by Lender B. der payment of all oher soma, in accordance with this Cred of Trust to protect the security of this Deed of Trust; end C. the performance o£ the ~_ovenants and agreements o£ Borrower harem contained. 3. Title. Borrower covrnaaW that Borrower owns and has the right to grant and convey the property, and warrants title to dte same, atil,ject to gcanal rea9 extate taxes for the current year, easements of re°nrd or N existence, and racorded declarations, restrict9ras,nxrvations and covenanu, it any, as of this date sad excopt First Deed of Trust dated March 25, 1987, recorded April b, 1987 at Reception No. 87043518 4. Payment of Principd and faterest. Borrower shall promptly pay when due the principal o£ and interest on the indebtedness evidenced by the Note, and Iate charges as Provided {n the Note and shall perform all o£ Borrower's other oovennnta contsined in the Note, 5. Application of Payments. All payments received by feodet under the terms hereof steal! be appBed by Lender Brat in payment d amttetata due ptuettaat to paragraph 23 (Escrow Fuads for Thttes aad lnsuranal, titan to amounts disbursed by Lender posttest to paragraph 9 (Protection of Lender i Securityl, and the balaaoe io accordance with the terms sad conditions o! the Note. TIo. TD 72.11-tl. DEED OF TRUST (Doe as 1}amfer - 9McQ i9 92 , in the 11•x3 .,n NOTICE OF PUBLIC HEARING Notice is hereby given o£ a public hearing to be held before the Wheat Ridge Board of Adjustment on November 17, 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-92-17: An application by Clifford and Emily Keller for approval of a ten (10') foot variance to the fifteen (15') foot side yard setback required for a detached garage in a Residential-One zone district. The property is located at 3888 Estes Street and is legally described as follows: That part of the SE 1/4 of the SE 1/4 of Section 22, Township 3 South, Range 69 West of the 6th P.M., more particularly described as follows: Beginning at a point 550 feet north of the southwest corner of said SE 1/4 of the SE 1/4; thence North 110 feet; thence east 175 feet; thence south 110 feet; thence west 175 feet to the Point of Beginning; Except the West 25 feet of said described tract as conveyed to County of Jefferson in deed recorded March 9, 1946 in Book 528 at Page 374; and except Any portion of subject property conveyed by deed recorded September 25, 1952, in Book 777 at Page 163, more particularly described as follows: The North 300 feet of the East 157 £eet of the West half of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 22, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, except the East 25 feet reserved for Dudley Street, being a part of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 22, Township 3 South, Range 69 West except those parcels conveyed in deed recorded in Book 510 at Page 318, in Book 519 at Page 335, in Book 494 at Page 505 and in Book 527 at Page 118, Jefferson County, Colorado, and except the East 25 feet reserved for Dudley Street, County of Jefferson, State of Colorado. ~, ~ `C J r L/ J {_ 2. Case No. WA-92-18: An application by Arthur Bushell for approval of a five (5') foot variance to the ten (10') foot rear yard setback required for structures in a Restricted Commercial-One zone district. The property is located at 12515-21 West 32nd Avenue and.is legally described as follows: Lot 22, Block 1, Applewood Village, County of Jefferson, State of Colorado 2. Case No. WA-92-19: An application by U.S. Outdoor Advertising, Inc. for approval of a sign height variance to allow an existing billboard to remain at its current height. The property is located at 12351 West 44th Avenue and is legally described as follows: Public Storage Amendment No. 1 Subdivision, County of Jefferson, State of Colorado - Mary Lou Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: October 22, 1992 Wheat Ridge Sentinel ,P.O. 60X638 TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE-. WHEAT RIDGE, COLORADO 80034 cWheat Ridge November 2r I992 This is to inform you that Case No. WA-92-17 which is a request for approval of a 10' variance to the 15' side yard setback required for a detached garage for property located at 3888 Estes 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 November 17, 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. 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C m ~ ~ m ~ N ° m ~° m ~a ~-° Z - ° ~o ~ ~ ~ n '..D m ~ y ^ s m n m y y m y l.x CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: November 9, 1992 Date o£ Meeting: Nov. 17, 1992 Case Manager: Greg Moberg Case No. & Name: WA-92-17/KELLER Action Requested: 10' variance to the 15' side yard setback required for a detached garage in a R-1 zone district. Location of Request: 3888 Estes Street Name & Address of Applicant(s): Clifford and Emily Keller 3888 Estes Street Wheat Ridge, CO 80033 -- Name & Address of Owner(s): Same ----------------------------------------------------------------- Approximate Area: 16,500 square feet Present Zoning: Residential-One Present Land Use: Single-family Surrounding Zoning: N, S, E, & W: Residential-One Surrounding Land Use: N, S, E, & W: Single-family ----------------------------------------------------------------- Date Published: October 22, 1992 Date to be Posted: October 27, 1992 Date Legal Notices Sent: November 2, 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 ----------------------------------------------------------------- JURISDICTION The property is within the City o£ 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-92-17 Page 2 REQUEST The applicant is requesting approval of a 10' variance to the 15' side yard setback required in a Residential-One zone district. The applicant would like to build a detached garage on the northeast corner of the lot. SITE The property is approximately 16,500 square feet in area with a single-family residence and no covered parking. The applicant would like to construct an 864 square foot detached garage utilizing the existing concrete driveway. Initially the applicant applied for a variance only to the side yard setback. Subsequent drawings show a variance needed for both the side and rear setbacks. However, only the variance for the side yard was published and posted and therefore, can be the only one heard. 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 the regulations for the district in which it is located? The property can and has yielded a reasonable return in use if permitted to be used only under the conditions allowed by Section 26-10. 2. Is the plight of the owner due to unique circumstances? There are no unique circumstances concerning this property. 3. If the variation were granted, would it alter the essential character of the. locality? The essential character of local neighborhood will not be altered as there are numerous side yard setback encroachments in the immediate vicinity. 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would result in a particular hardship? Because this property is of a similar size and shape as other properties in the immediate vicinity, there are no existing conditions resulting in a particular hardship and therefore the request is a matter of convenience. 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? BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-92-17 Page 3 Due to existing side yard encroachments, a precedent has already been set. 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? The purpose of this request is to add covered parking. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No hardship has been created by any person presently having any 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? The granting of this variance will not be injurious to other property or improvements in the neighborhood. 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 variance will not impair the adequate supply of light or air to adjacent properties, nor increase the congestion of public streets or increase the danger of fire or public safety. CONCLUSIONS AND RECOMMENDATIONS Based on the preceding findings of fact, staff has reached the following conclusions: 1. Because of existing side yard setback encroachments, the granting of this request will not alter the essential character-nor create a precedent. 2. No hardship has been created by any persons presently having an interest in the property 3. The granting of this variance will not negatively effect the surrounding properties. Therefore, staff would recommend that Case No. WA-92-17 be APPROVED. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: November 17, 1992 Page 2 ~_ 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member ABBOTT, seconded by Board Member REYNOLDS, 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 Case No. WA-92-17: An application by Clifford. and Emily Keller for approval of a ten foot variance to the fifteen foot side yard setback required for a detached garage in a Residential-One zone district. The property is located at 3888 Estes Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Chairman BERNHART asked if the driveway is on the property line at the present time, and Mr. Moberg replied yes. The ~ driveway goes to .the rear of the house, however the applicant will add a portion onto the existing driveway. Board Member ABBOTT questioned if this request is for the side or rear yard, and Mr. Moberg answered the original request was only for the side yard even though the plan you have now was delivered later on in the process and shows two requests. All the applicant really needs is the five foot side yard setback because he can move the garage forward. The side yard variance-was the only request published and posted, so that is the only thing that can be'heard tonight, and if the applicant wants to request the_rear yard setback variance, he will have to re-apply. Board Member REYNOLDS asked if the rear=yard setback request was 10 feet, and Mr. Moberg replied yes, but the applicant said he can adjust the rear yard; he is more worried about the side yard. No further questions were asked of staff. The applicant, Clifford Keller, 3888 Estes Street, was sworn in. Mr. Keller said the reason for the request is if they stayed within the code and setbacks, the garage would have to be placed diagonally, and one-third of their redwood deck ~ would have to be removed. *~ a sN+.~ Lei ~.'. WIiEAT RIDGE BOARD OE'SDJUSTMENT MINUTES OE MEETING: November 17, 1992 Page 3 Board Member ABBOTT asked if he had worked out the turning , radius, and Mr. Keller answered yes, it would give them approximately eight feet to turn around. Without the variance, they would have to pull straight in and back straight out of the' driveway. Board Member HOWARD questioned the Bell Plumbing vehicle parked in the driveway, and Mr. Keller said it is not his. It just so happened the"same day the pictures were taken, they were having their water heater replaced. No further questions were asked of the applicant.. Motion was made by Board Member ABBOTT, that Case No. WA-92- 17, an application by Clifford and Emily Keller, be APPROVED for the following reasons: 1. Essential character will not be altered as there are -' numerous side yard setback encroachments in the immediate vicinity. 2. Neighborhood property will unlikely be affected by this variance due to setbacks in the immediate vicinity. 3. Requiring the structure to be built at code requirements would create an impractical driveway configuration and would require removal .of an existing redwood deck. ~ Motion was seconded by Board Member HOWARD. Motion carried 5-0. Resolution attached. Board Member ROSSILLON arrived at 7:50 p.m. B. Case No. WA-92-18: An application by Arthur Bushell for- approval of a five foot variance to the ten foot rear yard setback required for structures in a Restricted Commercial- One zone district. The property is located at 12515-21 West 32nd Avenue. Mr. Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Board Member ABBOTT said he was not clear i£ the structure will be attached or detached, and Mr. Moberg answered. detached. Board Member ABBOTT questioned since the. addition will be to the north will the applicant need permission from the utility company, and Mr. Moberg answered the applicant will not be building on the easement (which is only a five foot easement), so there will be no need for permission. PUBLIC HEARING SPEAKERS' LIST CASE NO• WA-92-17 DATE: November 17, 1992 REQUEST: ~ application by Clifford and Emily Keller for approval of a ten foot variance to the fifteen foot side yard setback required for a detached garage in a Residential-One zone district. The property is located at 3888 Estes Street. ' ; Position On Request; ' (Please Check) i SPEA 'S NAME~j& ADDRESS (PLEASE PRINT) i IN FAVOR ~ OPPOSED ~ i ~ ~ ~ i i ~ i ~ i ~ i ~ i t i i i i i i i ~ i ~ i i ~ i i ~ i ~ ~ i i ~ i ~ ~ ~ i i ~ i i ~ ~ i 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 17th day of November 1992. CASE NO: WA-92-17 APPLICANT'S NAME: Clifford and Emily Keller LOCATION: 3888 Estes Street Upon motion by Board Member ABBOTT seconded by Board Member HOWARD he following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-92-17 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 Bcard of Adjustment Application Case No. WA-92-17 be and hereby is APPROVED. TYPE OF VARIANCE: A 10' to the 15' side yard setback PURPOSE: To construct a detached garage in a Residential-One Zone District. FOR THE FOLLOWING REASONS: 1. Essential'charaoter-will not be altered as there are numerous side yard setback encroachments in the immediate vicinity. 2. Neighborhood property will unlikely be affected by this variance due to setbacks in the immediate vicinity. 3. Requiring the structure to be built at code requirements would create an impractical driveway configuration and require removal of an existing redwood deck. VOTE: YES: Abbott, Bernhart, Dooley, Howard and Reynolds NO: None DISPOSITION: Setback variance was granted by a vote of 5-0. , [ DAT• hi 17t da of November, 1992. \ JO BERNHART, Chairman Mary L u Chapla, Sec etary B rd of Adjustment Boar Adjustment