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Home My WebLink AboutWA-92-22The City o/ ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West 29th Ave.,-Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~RVtiJ M. MS~I~1 ~~Qddress l s~,(//~JvJ~~ ~; Phone Z - j( jnl~t~.~-~' t~~G-.G~, oc~.3 Owner ~~!-z__ Address ' Phone Location of request /~+b ~ ~' ~ 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 B Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ 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 PRONE RJ - 4'd'l/ _ t'J .. ~- - ti4.°~ r 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 caruiot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of_this action on his behalf. .. Signature of Applican ~ ~1~'y ~ '~` =~%/-"`~' t~'~ Subscribed-and sworn to me th~ `' ay ~ (~y~"~ 19 ~_ v~ ~ ~~. Notary` Public SEAL My commission expires "1 -a~-~j~ Date Received- Receipt No. ~p~-~p~. Case No. Recorded at o'clock M., RECEPTION N0. 921267813 Reception No. 1 PJ / P/6 / 92 15.35 10 . B P1 ~ RECORDED I_N• WARRANTY DEED COUNTY OF JEFFERSON ... :,r STATE OF COLORADO THIS~pEED, Made tkiis 1ST day of OCTOBER, 1992, between MIDWEST' I3UILDER$;i INC. t-. z a corpbiati§ri duly~~oiganized and existing under and by virtue of the IawS''pf:tkre"St3te~ktf COLORADO of the first pazt, and and LOREINA R. THOMSEN whose legal address ,is 4211 LAMAR STREET, WHEAT RIDGE, COLORADO 80033 of the County of JEFFERSON, and State of COLORADO, of the second part: WITNE5SETH: That the said party of the first part, Tor and in consideration of the sum of FIFTY-F,TGIIT THOUSAND AND 00/100ths DOLLARS, (558,000.00), 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 tenancy 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(s) or parcel(s) of land, situate, lying and being in the County of JEFFERSON and State of Colorado, to wit. LOT 41, MC LAUGHLIN'S APPLEWOOD SUBDIVISION AMENDED, COUNTY OF JEFFERSON, STATE OF COLORADO ERCEPT THAT PART OF THE EAST 6.1 FEET OF LOT 41 WHICH LIES IMMEDIATELY WEST OF AND ADJACENT TO LOT 12, APPLEWOOD SUBDIVISION. COUNTY OF JEFFERSON, STATE OF COLORADO also known as street and number 4044 51MMS STREET, WHEAT RIDGE, COLORADO 80033 TOGETIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversiott 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 IlOLD the said premises above bargained and described, with the appurtenances, unto the said_p~rties of the second part, the survivor of them, their assigns, and the heirs and assigns of sucl: 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 t}~e heirs am assigns of such survivor, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in Cee 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 grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature.soever, except for taxes for the wrrent year, a lien but not yet due or payable, easements, restrictions, reservations, and rights-of-way of record, if any, ~~ and the above bargained premises, in the quiet and peaceable possession of the said parties of the second part, ttie 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 WITNESS WHEREOF, 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. _ _ Attest: ~J~ ~~ ~eI a aag ~ecretary STATE OF COLORADO MIDWEST BUILDERS, INC. A COLORADO CORPORATION by ex ~ aag Presl ent SS. .nstrument was acknowledged before me [his 1ST day of OCTOBER, 1992 b}~ ~. '. as President and t Y .'INC., a COLORADO Corporation. / ~ ~ a[ My comi~sSigjf'exp' June 20, 1994-,., , •,p;f:` Witness my tk~rtd'~ari Official seal. `~ ~ ~, Naary Public No. 929. WARRANTY OFED. --From Corporallan to Jofm Tenanlc. Y I ~ ~ / P.O. BOX 638 TELEPHONE: 303/237.6944 The C,•ty Of 7500 :VEST 28TH AVENUE WHEAT RIDGE, COLORADO 80033 Wheat ~Rid~ge November I2, 1992 This is to inform you that Case No. WA-92-22 is a request £or approval to allow total building. coverage to increase 2% from the maximum allowed 30% to 32%. The request is to allow a 240 square foot patio to be for property located at 4044 Simms Street The applicant is requesting an administrative variance review which allows no more than a ten percent (10~) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, alI adjacent property owners are required to be notified of the request by certified letter. If you have any questions or would like to submit comments concerning this request, please contact the Planning Division at 237-6944 by November 23, 1992 Thank you. "Tlze Carnation City" No~lservtc6j • ~'' .c ~~E~q`cq ete!M1en~is 3, ~ a~$ a+ina ~~rse ~ oTM ~~. r ~ G~RY,~ OLY ~~24YR m~~'mantnece • Pnnt Y io ~ iront~d~ an w v~~ in+~ to~m ~Ae wue P~ovuk Y~ the s9retU ~ e Atta~h fte~ a` . WiM1e~?~~^Receq~Fee , 3 dat o d~elN~~ss¢d ~0'. , 3. ArC~e ~ ~~~ R~~ ~ ~~dt~~i{i ~ GO~.(~o'~ s -ie~J ( ~ ~ ~pddressee) 5 5. S~9~awre "' n l1 ,~c i 6 ignaiure ~ t!! PS F 3 i Y q r , ~ a ~ f1 ~ a ~ r~ N u" N ~ a No p r t990 ,~'°' ., - 1 also wish to rec a~n eXVa feel~ ~~i' ...----~ ' ~ ~ tollowin9 SeKVices (for Address i r'~"~ ~ ACjdYeSSe2$ --~ ` b j' icted Delivery .~""" al services. so lhat we can 20.un lti'~ m11. p Restr oY f22. ~ lor 2~ a~d~twn m ~t ~ 2, magSgf f ~fete ~ICelns 3`~ ~255 on th~ r~+erse d tfiis ~`~ bac ace ~e$ ~~ C~ItSU f P~sl k if sR ~e a~d ad!f ~_,p~ce, or b~w ttn artw ~~~,~~ed to a~x1 y~w name Number i~om ~+ ~ t~ ~'~~~,wa ~+ ma o~ qa Artic~e 9 Z ~ 41 ~ e:~umaFscaiF~~pspWaAeYa" p q23 . ', : Retmn F~a'pt ;t a~+"~~~~sea io: 4b. Service TYRe T.x'v31M1 & Xfi~miESet 'ft~~a~ ~~ ~ ~~ ~~~~ $~~~ ~`~ ~nature -' ~'""'°. - ~pgent) 6. Si9nature - 1,Novemberti99~ { PS Form 38'1 ` ~ CERTIFIED 7 pare of n~~~. ~.-ery( ~ , ~ Addr:ss d fee PaidJ H. 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PLACE STICKER AT TOP OF ENVELOPE TO ', THE RIGHT OF RETURN ADDRESS. ~.:.~ ~: .__~ ___ N • N ~ Cn O 3 ~ m ~ W ~ ~ N N I Vj m Q Z m a .~. N _' _Q m E.:_ `~ o ~_ :. .. r. ~mn R~ ~ Q A ~~ 41 Sd W v ~ ¢ ~ 2 fl < m '" m ~ O N_ N a ~ a ~ ` C ~ y ~i w 3 ~ Z ,~ ~M1 \ ` ' ~ L_ ~ m a v 1 4 m ~ °' 1 ~ Q N- n T m mi 6~~3 '~~~, •• a ~~ m ,- Q ~h ~ryN (~ m~~ ~W~ m 3 9 0 my 4 o ~ ^^ a~ na~ g o o F.~p ~wN Hvo aa° ~ a ~_~ ~ o ~ ~ Y ~ N ~D ~ ~ z ~s'rv' °- _ z~,~R _ Q~ `°o ° ~ 4F m' '3 ~~° $ R~_ m a ~a m ~3~ ~ ~o° ~ ~m 0 ~ ~ 3 m d D -p ~ o C N ^ ^Ip y W Q ~- 7J D m O ~ ~ . . 9 y d ~ `~ N (J < . y A 5 N 3 m m ~' o o tai~ ~ m- N r N ~ _ N ~ A D mom. ~ ~ m ° ~ m a N `G y w S ~ v, w ~ N N M E M O R A N D U M TO: Case File FROM: Greg Moberg, Planner I RE: Case No. WA-92-22=~ DATE: November 25, 1992 Case No. WA-92-22 is a request for a 2$ variance to the maximum allowed 30~ building coverage in a Residential-One A zone district. This request is to allow the covering of a 240 square foot patio. As per Section 26.D.2.a., the request was administratively processed without the need of a public hearing. VARIANCE STANDARDS 1. The property in question cannot 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 in question can yield a reasonable return in use if the variance is not granted. 2. The plight of the owner is due to unique circumstances. Originally the lot was 10,811 square feet in area. This area would have allowed the proposed house and covered porch. It is felt that a unique circumstance exists due to an error by the original surveyor that necessitated the quit claiming of 6.1 feet along the eastern lot line to the property owner to the east, by court order. This reduction in lot area brought the building (covered porch) coverage over the maximum area allowed. 3. The variation, i£ granted, will not alter the essential character of the locality. The essential character of the neighborhood will probably not be altered if the variance is granted as the requested variance is less than ten (10) percent of the maximum allowed building coverage. 4. 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. A hardship could be considered, as the proposed total building coverage was below the maximum allowed for the original lot area. However, due to a court case. the lot lost 579 square feet to the lot directly to the east, thereby placing the proposed building coverage over the maximum allowed. 5. The conditions upon which the petition for a variation is based would not be applicable, generally, to the other property within the same zoning classification. Because of the unique circumstances, conditions upon which this petition for a variance is based would not be applicable generally, to other property within the same zoning classification. 6. The purpose of the variation is not based exclusively upon a desire to make more money out of the property. The purpose of this variance is not exclusively profit motivated. It is to allow the covering of an attached porch. 7. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. No hardship has been created by the applicant or any person presently having an interest in the property. 8. The 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. The variance will not negatively impact public welfare and/or neighborhood property. 9. 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 variance will not impact local streets or public safety. CONCLUSIONS Staff -finds that: 1. The variance does not exceed 10~ of the minimum or maximum standard; and 2. The "Findings of Fact" as set forth in subsection 26.D.2.c. support the request; and 3. All adjacent property owners have been notified of the request at least 10 days prior to the rendering of this decision, and no protests have been received during the 10 day period; and 4. The request will not result in the creation of any additional dwelling units. Staff concludes that all conditions and requirements of this request have been met in regards to Section 26.D.2 Minor Variance or Waivers, therefore, a recommendation of APPROVAL is given for Case No. WA-92-22. co~.~., ~,n.e.~..~F .o aka„~ . 1130 l R Z