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Home My WebLink AboutWA-92-23The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 A licant ~ilgp,2 ~ , /~L/L°Pf~ Address ~~7o y ~°~~ /Y°''~~~ pp E•vvc-.ey r'o ,Gp1i/ Phon ~J3 ~.5~=/u3~' Owner ~E~E y Ch/y,Q,L~S Address ~ast/r4/fs N/~9/o.?Phon p,2 -/005 Location. of request $ Lc, ,e/ dO,3~ Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions e a lance/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 Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other- Detailed Description of request \~RR~F1~`CC T(~, C111n;\I~(1\'(`(\ (~cC~U1(~ {~ i~T' FRC'Y~ITAGL Atinlr0. LET ~~~ZC List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHON J~___ n ., I~~ ip+ n _ _ n i ~ _ - - - - - 7 /U.1 bC/'Z~5 -/LYJJ r c '' r e5 N'~k,33 02 O 5 -/00.5 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 owners must submit power-of-attorney from the owner which approved of this action on hi hal Signature of Applicant Subscribed and sworn t / da of 19 _y~ ~,/ / Notary Public • SEAL My commission expires ~~ , Date Received Receipt No. ~\~,(~ Case No. Metropolitan Appraisers Inc. xmas. nemnmxr, m minNnm a uernl. NcnnN n X RN} nIJI.f.T IX T,IIE 1 R IM nT IXxRC nT IrI CETR x IIIN iNll, 2f0'/[R filrll nR I,{T. I T AXY ACr[nX Rn R[o Iltnx nx}En T V,r nT InX CY. MIIICnT[ R PC[TXPX XTWIY [np nFP0.Y tNE En}E n[ illG C[11TI [ICnT IOX ~LXLMX RII[IIEU N. 9725 Eesl Hempdon Avonue. B3f0 Oonveq CO 90231 303.755-6766 FAX 303-695.7932 JOB ND: 33-7245 BORROWER: (N A) 1 MPROVEMENT L®CA7'IOIV NeN la User: Tblt anEpmanl It mr uu. mtnrante nurpeaet any ant Ic um n.mutt nl a ^le In spection. Daed line avitlmce not aupperted Ly found properly cprv nee marken was based on analylleal cerrcltlien I public Improvem tnU Intl Ilnet of Deco na lio n. An ulual Properb Survey It recommedetl it ,act Ivullpnt of Im nrtvemnW and Etta Ilntt art reeulretl. rn [N Y- O .7 CERTI~IC/~7`E 78r 43 3 TS' 44 I#• ~ Sts, o N - ec~1 I' 0 n a+ N -aim 393 N hnn Frm Aea - - "• 7245 ~" ass ' a: P ~i ' ADDRESS: 7245 West 33rd Avenue. W. 33rd Ave Lot AA and that purtiuD of Lot 4J desmlbed as Co1loHSr Beginning at the SDULhease corner oP Lot 43,' 73rd and Vance Subdivision, thence NosLhwesterly to a point 3.0 feet West and 30 feet Florth of said Southeast corner, thence Korth 95 feet, Utencc EaDt 3.o LeuL Do the Hortlleast cnrn¢r of said Lot 43r tlaence Scutt 125 feel to a point of beginning, 31RD AND VANCS SUBD:MSION, according to the record plat thereof, County of JcfferDOn, State of CDlarado. CERTIFICATION I HEREBY CERTIFY THAT TIFIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR: ALL PARTIES INTERESTED IN TITLE THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT AND TFIAT IT-IS NOT TO BE RELIED UPON FOR THE ESTABLISIiMENT OP FENCE, BUILDING OR OTI3ER FUTURE IMPROVEMENT LINES. I FIEREIIY CERTIFY THAT TILE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON 10-31-1992 EXCEPT UTILITY CANNECTIONS, ARE ENTIRELY WITH IN THE BOUNDARIES OP T[IE PARCEL, EXCEPT AS SIFOWN, THAT TFIERE ARE NO VISIBLE ENCROACHMENTS ON TILE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND TIiERE IS NO APPARENT EVIDENCE OR SIGN OP ANY EASEMENT CROSSING OR BURDENING ANY PART OP SAID PARCEL, EXCEPT AS NOTED. I FURTHER CERTIFY TFIAT TILE PROPERTY DESCRIBED HEREON (NJ IS (A) IS NOT WI TfIIN A FLOOD HAZARD DOUNDARY IN ACCORDANCE WITH THE CURRENT FI.U.D. FLOOD INSURANCE RATE MAP DATED BEARING COMMUN- ITY PANEL NUMBER THIS CERTIFICATE DOES NOT CONSTITUTE A TITLE SEARCH TO DETERMINE OWNERSHIP O EASEMENTS OF RECORD NOT SffOWN ON THE RECORDED PLAT. LEGEND Aea Residenu OH Dv<rhang U E laliity Easement AC Air Conditioner G E Gas Eatament Wlk Walk D E Drainage Eaavment Sty Story Gar Carage Lvl Level Dry Orlveway Rch Ranch ' Frm Frame 5to Stonge~ Blk Block 5tb Stable . Brk Brick Met Metal Can Controls CL Clothes Llea Asp Asphalt Ene Encroaehmont na w we i w M dpa Gvl 6nrel a l l ~~ Pa! Patle YL Yard Light P Porch Fnd FpunJ S Sloop f Chiseled Cress or Mark nh ' ~AlmneY o Ta or Plnn F r .,...~ . m e.,..r n. ro.. 7S' P.O. BOX 638 TELEPHONE: 303/237-6944 Tl1e City of ~ 7,500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cWheat Ridge January 12, 1993 This is to inform you that Case No. WA-92'23 which is a request for approval of variances to lot width and area as regulated by Section 26-15(F) to allow a duplex in a Residential-Two zone district. for property located at 7245 W. 33rd Avenue will,be heard by the Wheat Ridge HOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.:30 p.m. on January 28, 1993 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 923 92~ 328 W 3 W ~~ ~ W O . , eu' P 923 920 224 m n m =m m y ~ - ~- ~ O - - - -~ y_ ~ 3 ~ 3 T' ~ A w ~ m i m I 1 y Z D a a 3 Q m ~ m 0 R T N ~ z - - - tQ 1 > ~' > ~ 3 ~ v m amtiFm~=n °- 3 3 nstNN ~ oo~ a~~ V m Dm° ~Ny • P ~ y amo ~~d K ~ o a Wo_ n~~ ~ o n,~i n~o C ~ a_- '^ a pao ~Pv ~j M '~ ~ m' ~ S. C! * ~~~ S N Ci ~ ~ ~, m' ~ A W~n~~~z~~~ml N 9 11 ~ + ~~ ' ~ N ~ y u ~, a { ' ! I ' j 6 ~ (n m Z < IN11 C I i I 1 D D ~ ni - i ~ ~ ~ - ~ ~' h a ~! i O ~ ~ ~ ,O j ~ ;~ ~. ~ ~ ~ V ~f o' N w d W ~ - m ~ m ~ R. W ~ '~ > ~ 08 ~ < o ~ ~ . t ~ p ~i23 92~ 333 [n 7J W 0 $~$ N~ M (h Q ~ ~£~ ~µ Y n~ 4 3J m n m TI O 77 n m m 0 r ! ~ m m m 1 ~ ~ '' ~ m tl Z tl^ m y Io i O T DN h O y N~ > 6 i T r NO ~ m ~' p o 55 y C mo <o im N \ i vm mP '.. <O 0 ;-_ I N~a~~ IMPORTANT! TM~ R,G~GQF RETURN ADDRESSLOPE TO O 3 m Q N !D O 6 Q~ ___________ ._.. _ta.L' .._. (n ~ ~ fp ~ y 0 6 - gip? ~2m~ ~A° ~t~nw NN3 ~rv a m, g 'c '~~' r°p'm gmo f.~d ~wo oa°_ ?°~ c ~~~ ~ a: E ~ d. ~ H m' d °' ffi 2 _aW o - i0 0 ym ~__-.- •• p •~y ~ ~ ~y2JT ~=~y .. C ` ~ 1 p~ p D _~ ANN N m m O ~ a l~ao ~w» 3 _ m m ~ t~ yy b. ~ ~ ~ '~ ~ ~ a o_ o' a=~ ~n (D T d SA EY9 O p SIN pyAO N 6 LL m oao ~ v 6 ~ m ~ $ o ~p N N'. O °Fm' 3 3~3~ o 1 m i , ~ ~3 <~n a' ~ a o a ' W V ~ p 3 n m' _ d O a m (n N D ar,~ ~ ° < y ~ O ~ kl( < a ~ n o ' ' JLx ~ O N' F ~ ~ .~ Z -- 9A- 2 - -1 n ~ ^ ~ ~ v o a ~~ m W m ~ a m ~ 7J ~ ll ~ NJ m ~~ m ~ s m ~ m O m o m ^, o °~ . p " m om` - ~ . ~' W o ~ ~ ~ ~ W m ~ ~ ~ - ~ m m ~ - ~ m W O O P 923 92~ 334 ~ T1 b 47 tic ~M~ S^ r -- m T m < Intl C~ q f~l1 -~i Z I D 00 N 4 ~ n 1 y mF n 0 0 ~~ ~ ,mo=m o~ o m =; A _ ~g _ ~. P 923 920 335 A m C A T n ~ ~ m ~ z 0 _ : W w :: . __ _.m. .. %+ -.a Y ._ P 923 920 336 W 7] W 0 0 m n rn n m m v a N ~7 `{'s ~ aGV~ ~~ ~~ ~~ i~9 n v A m -~ ~ ~ ySo~ _ mE c o„NOmf o~ 00 m g <o ° am '" <z I N ~~~~~ ~ i i~ IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. l_ ____..---_ _._ __-_.__e'- v, ~ a m m y < m ~ ''.. ~, W ~~ 3 m W c DD N j ~- j D Z ~ O `m m v Q a w lD v `° o ga ~ ~~ m <m . ~ m n a ~ ~ ~ a m ~a ~ ----~` - N rn MN cn ~' a ~w Dm2» =mm 9 ~ H ~ w, y ~ 3 W n ° T° a a n 4^Y ~ p O 2m~ pN 0 4 ' y~N ~ y PO a~ w pao ~ m ~ i °' o ~ ' r g m a PJ^!3 m3~ '° 2 a'm '^ o N • _ mW O N . ~s~ o wa °F~ 3 ~~~ a ad>' o m'o ~3~ ~ ~m°°~ ~ ' ~ q a a ~ V A a 3 m m' _ c ° 6 N ~ v o < ~ ~ o v~ ~ ~ ry N ~ O ~ ~ O ..D - Z m < ~ m~ w C 3 ~ ^ ~ d ~ °, Q ~ ~a~o C -1*L-_ R! __3JIj m m~ N 3 °: °: i y 'A a 1E n~~=?y ~m~ I N (fit O . Gil ~i a Dp° 3nH N s I I 1p W N oo `°w~ m n . t Q F ~ ~ w ^~ y ~ G{3 $ ?vo ~O~ Q l'4 r3 o '~ £{. ~ o ~ 0 sm D du moo o h m' ` ~ _ a ' ~ 4F,~ 3 ~~~ O p~lF 0 $ ~ =T ~ j 9 ~ 16 _._ ~3`° 7 ~ ~~ ~ d Q, w a fl ~ ~ F' n CO V ~ ~ ~ 3' d ~ O a m D Q ? m m m ~ m n~~ o . _. m ~ m O F ~ N ~ - . - j ~ m. ~ ~ ~ ~ ~ ^^~m -C1 ~ a y m T1 f ~ W a~JJa~o ? ~a ~ ~ =oy $_N m ~ ~ . .~ ~ ~ ~ ~ aN m _ , 3 o ' c ~N Q ..S ~ ~ ~ w m fD a ~ W 0 < O. 3 < m a m m m P 923 92L~ 337 m n m_ T 0 U) w O m ~ ~a~ ~ O ~~ m m m n y i ~~cs m ~ oo aF ° a jJ~ A } Q O NO m O i~f o n r O m m 00 1 O A ~3 <O 2m ~p O m pm ~ og m OD (a i ~m A ;` Cy Sm m 7 0 ~ m 9 o ~ J D 3 a r R a m I IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE 70 THE RIGHT OF RETURN A DDRESS. N m 5n _. - ._ __-cu p...-...m __~ Cn (n D m-I~D v~Cr ~ p __ m ~ m o n °-~~'u =33m oo ^ ---a..a.3 m m ~ i a a ~ ~A . ~~~.. ~ w p s - o' T ~E~ ,~~ '3 ~ Y ~ y D D n 9DO Q? -•~G ~ N I`YK ~ mm~ Sro4' .a....3 N ~ £pa NWN -~_ SO O~ Q ia'm.!~ o n V COj - s '~~. ~ ° F m' 3 .. J N~~ ` 9dF ~ ~3 ~m°6O 6~0 w~ O _ .. ~ ~ ~. . CO V p ~ _ n ~' O n ~ D _'p' o m ~ ~ _ o __N ~ ~ ~ ~ ~ (~ ~ ry N ~ O ......~ ~ O .D Z p F. - m m° ~ "~' o m a 5 F, .^.~ n m .n _ ..D N ~. s m m ~ ~ y n m o _ ~ N f~ N N a~^,o Z ~ m ~ u; ° ~ 77 ~ W ~' D j ~' m ~ W °mn~`m m ~ ~ °' ~ ym~ i CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: January 8, 1993 Date of Meeting: January 28, 1993 Case Manager: Robert Gaspar Case No. & Name: WA-92-23/LUCERO Action Requested: Variance to minimum lot frontage and area -- required for a duplex in a Residential-Two Location of Request: 7245 West 33rd Avenue Name & Address of Applicant(s): Eugene R. Lucero 2870 No. Speer Bivd. #200 Denver, CO 80211. Name & Address of Owner(s): Peggy Charles 2160 W. Charleston Blvd. #334 Las Vegas, NV 89102 Approximate Area: 9750 square feet Present Zoning: Residential-Two Present Land Use: Duplex Surrounding Zoning: N, S, E, & W: Residential-Two Surrounding Land Use: N: Multiple & single-Family, S & E: Duplex, V~: Single-family ----------------------------------------------------------------- Date Published: January 14, 1993 Date to be Posted: January 14, 1993 Date Legal Notices Sent: January 14, 1993 ----------------------------------------------------------------- ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XR) Slides ( ) Subdivision Regulations (XX) 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. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT I. REQUEST The applicant is requesting approval of a twenty five (25') foot variance to the required one hundred (100') foot minimum lot frontage, and approval of a 2750 square-foot allowance to the required 12,500 square foot minimum lot. size to-allow a duplex in a R-2 Zone District. II. SITE The subject site was originally built (1953-54) as a single family residence with a mother-in-law apartment in the basement. At the time of construction, there was free access to all areas of residence and was occupied by a single family. In 1980 a new owner convected the residence to a two family rental. The residence conversion was completed without the knowledge or permission of the City of Wheat Ridge. The property again sold in 1990 to the current owner. I-II .- 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? 2 3. The property was originally built as a single family residence and therefore would yield a reasonable return in use, service-or income under the conditions of the Code; and Is the plight of the owner due to unique circumstances? This property is under-the same constraints as other ail properties in the R-2 District and is therefore not due to unique circumstances; and If the variation were granted, would it alter the essential character of the locality? It will probably not alter the essential character of the neighborhood as there are legally existing duplexes adjacent to the property and in the neighborhood. However, the allowance of the variation may effect street. parking, traffic, utility usage and added density; and 4. Are there any particular physical surroundings, shape or topographical conditions of the property involved that would. result in a particular hardship? No; and 5. Are the conditions upon which the petition for a variation is based applicable, generally, to the other property within the same zoning classification? Yes. However, the variation would not be precedent setting as similar variations-have occurred in the past; and 6. Is the purpose of the variation based exclusively upon a desire to make more money out of the property? The property is currently marketed as a rental and is .not. owner occupied, therefore, the appearance of a profit factor _ is evident; and '7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The current owner apparently purchased the property as a two-family rental. Although the owner did not originally create the difficulty, it was continued by the owner and therefore may be said to have been created by the owner; and 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 increase the number of duplexes in the neighborhood. However, the use of the property as a duplex has existed for approximately 13 years; and 9. Will 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 and substantially diminish or impair property values within the neighborhood? The granting of this variance will not-'impair the air or light supply to adjacent properties or.substantially increase congestion, fire danger or endanger public safety or impair property values. IV. CONCLUSIONS AND RECOMMENDATIONS A conclusion or recommendation will not be made by staff on this application so as not to predicate any prejudice for possible future court hearings. i ~ .. ~~ sBEE _ SaQL SLOE . x . ~~ __ -_.~ ., OO~L f^LOL OLOL ~ J ~ ~ V ue - r~=~~ :* L._: ' StpL > s ' - 580E _- 080E . . ~ f~~ : ~ . S60 ~ , . Q~ j0 ~ ~• r ~: ~•r ""~ ~ L,_.., - ;. ~ :: ~ s-~-- ~ : • ~~<- - ` -Y=~. S:E1L OS1L S21L .. ~rSOL q~,, ~ L :; ` ~Y ~ " _ ~ . .. ~~ 3 ~:-- - - - St-tL O~ZL ~ o S1tL ; _ - . - ~•r ', . o r I c£ ~ ~ ~ z' ~ . c •~ ~• 1 S ~3T~3 1 `~ f~~~ ~ 002E ~ L ^ ~ ~ t2L S6 i ~ssaL s92c ~ ' •. _ ~ m ~ca~ 3' ~ 3 iac . , o~ac s6aL ~~~ r, i t L ~ 3 ~~fc ,~~~ . . _,~ ~ f ~C6E ~l~~ ~~ .. _ ._ . 1 G'. ~'7A11tA m 3 4 f d C1TY OF WHEAT RIDGE C~f~r?fi Rrr n F3=3 4 9 3993 ~ _ ,~~~ ~~L~~~ lJ City of in~:z¢at Ridge ~{~~ ~ :~1tl~NkE41T Attin: Code Enforcement 0_ficer, Robert Gaspar P. 0. Box 638 iiheat Ridge, CO 80034-0638 To those concerned: Thin letter is in protest of the variance notices postsd at the vicinity of .+T. 33rd Avenue at Teller Street indicated as case No. 'v7A 9320 and 'dA 92 23 which reveals that applications have been made for setting aside the code for the limitations ascribed to single famil;;t dwellings. There seems to be a vrofilation of violations of the code and it is quite visib$e that there are multiple families t.:at are residing in these Swellings. This situation has been refered to in Robert Gaspar~s let*,¢r to Bob Middaugh as of September 11, 1992. Six properties s.re refered to. This situation has come upcn us quite indidiouslT and became irnoxn only recently as we have observed a significant increase in adult traffic around these houses and an ir_crdaae in the number of auto vehicles. This is over-population of our community,and a crowding of vehicles into the limited spaceb`: of these small lotsa A general deterioration is taking place of what was once a well kept neigh- borhood. This over-loading, moreover, has resulted in abrasive behavior of some residents of these dwellings. (As police Files will probably reveal) The residential codes :were designed many years ago to reasonably prevent over-population of p¢ople and vehicles. If it is in fact true that sellers of properties are leading bu~•~rs of these properties to believe that they are buying income property in *.ahich the ground floor, and the basements are rented as duplex. apartments, this practice is unfair and a misrepresentation. Such practice is a deliberate scoffing at the code. Having lived in our home for 39 years we resent what is happening to our neighborhood. The deterioration that accompamies violations of the codes is a main factor that contributes to depreciation of property values., We depend on the department of Code E;nforeement to probeet our neighborhood communities. Property oxners should conform to the code that has made this an ideal community in which to live. r~z-, oiau ru. ~. ~v. r . 7265 X. 32nd'Place February 6, 1993 ,P.O. BOX 638 TELEPHONE: 303/237-6944 7500 LATEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 February 10, 1993 This is to inform you that Case No The City of Wheat Ridge WA-92-23 which is a request for approval of variances to lot width and area as regulated Section 26-15-(E) to allow a duplex in a Residential-Two zone district. for property located at 7245 W. 33rd Avenue 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 February 25, 1993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF AD NS TMENT . 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" _. W O O U1 7J W O 0 m n m v Tf 0 P 923 920 165 ~~ a ~ ~~ if ~ N .., n < (nll A m H Z O g 0 OIL' m P 923 920 166 ? '.1 6~3 E oD 0 ~ [y ~ ~ ~ G C~7 tom{ O N !}7 O N m m m < m v m y ~ ~ ~ v~ r m O C /O ~ of m m o0 g ~o ~ pm m ~ ~ n n n ~ j m ~ 9 v ~ ~ 3 a ~ a D '° t ti m ~ ,u IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. ~q I '~~. s T O 3 w J f ,O i - f~0 1 ~ O O m 1 n rn i m . I ~,~ D ~qp`y4 n Cg N G ~ . ~ M non ~ YS +S m O n r2- n .--/No ~ y _, " o ~ m n a _`~ ~N L,` d a G~ p W ~~UU $O~ V tE NN ~ 47.' d l~ n m T m O •~• • •y m ~Fa~~~~z ~~w ~33m n.a aoa ?A~ ~mm ~°~_ oN 9=~ ~Hh ~~, ao u a'~3 WJ ~__ °~'~ A~ p Q CN N f,~ yq y00 a°~ a 5~ _ ~ ~ m_ C~d. o m' ~^ <_ R ~~= m' ~'° a ~~v o omx s ~~'~ m ~3 ^~+ ° z~.-.? _~ .. a ..m ~mrv~~33m ~~^ ~mm9 ;«, ,__ Sly ~uy °~'3 (n_ i D00 66j 't19 ~ O ~ mx~ ggN i f~a Ww i co oa° ~ a I ~'~ m ~ E Aid. ~o ~.$ m m - ,E'~o u=iN _ ~m~ 3F,~ 3 ~~~ ~ ~mx i ~ f° m ~'~m men ~~ a, 0 0 ~ ~. S 3. a ~ a ~ ~ ~ 0 N N n~ -~ o n `2 `G Rl ~ _ _ N' ^ ^ {o m ~ W 6 ~D ~„-. 37 D ~~ ~ a y ¢ < F N o 3 m m N g `° o~-O ~ ~ ~ <' D ~ ~' O D-. m a ~p m m N ~ m fD ' WHEATRIDGE JEFFERSON COUNTY ASSESSOR/TREASURER SYSTEM WSRM153 02-25-93 20:49:17 MASTER ATSI002 Next Screen: ' Key: 39-261-14-013 Schedule: 025248 Status: 1 Parcel ID: 39-261-14-013 T-Dist: 3139 Reason: R76 Related Schedules Ownerl: Owner2: C/O: Mail: City: Prop: City: DBA: Mo Date: Amt: GRISBY BILLY GRISBY MARY R 04474 Dir: Name: WHEATRIDGE 03305 Dir: Name: W$EAT RIDGE st Recent Sale Data 5-26-1983 Code: 00 92000 Deed: EVERETT Ty: DR Sf: Ut: St: CO Zip Code: 80033 - 3205 TELLER Ty: ST Sf: Ut: St: CO Zip Code: 80033 - Sdiv Reception B/T Lot 164200 83053572 0014 Sub: CONNELLEE Date Land: Assessed Imps: 4-20-1991 Total: Key Sec Twn Rng Qsec 26 3 69 Struc Use Built Unit Cons Bsmt Blds Flrs MULTI RANC 1961 2. 3M F7=Additional Master Info F8=Print Master Actual Assessed 15500 2220 62300 8930 77800 11150 Land Area Tot Acres Nhood: 0057 GT Liv Area Bsm Area NO 1605 Info Last Change Date: Area: 2 Total .Land ADDITIONAL DESC EXIST Modem Connection Established ~1'S'Y OF' ~J?-lEAT RiDG~ I FFg 17 1993 PLANNING D EVELOPMENT 3125 Reed St: (VYheat Ridge) Lakewood, Co 80215 February 15, lgg3 Re: 7245 'w. 33rd Ave. (which we originally owned and presently hold mortgage thereon) 7235. W. 33rd Ave. Mr. Sob Gaspar (originally o^^vned by Charles Code Enforcement Officer Ross Perry and Teresa Perry City of 'ddheat Ridge, CO Dear Sir: This is in regard to our telephone conversation Feb. 10, 1993 concerning properties mentioned above in i~lheat Ridge, CO, which have been cited for non-compliance for legal rer_tals. In 1953-4 both properties were contracted for and built __ providing a_mother-in-laar apartreent in the lower level (walk-out basements). Ours was occupied by relatives off and on until 19746 the Perry property until 1976. An addition to the upper level ;vas made in 1966 on the 7245 ev, 33rd house. In 10,78 when the Perry property (7135 vV. 33rd Ave) sold to Dockter-'test, a young Dockter couple occupied the lower level and the upper level vvas rented. I called the 6^Iheat Ridge zoning board at this time to see how this situation could develop.~,I was told that the 7235 w. 33rd Ave, property had been declared non-conforming. legal double as long as it had pre-existing kitchen and livir_g quarters. I do not have v+ritten confirmation of .this statement. In January, 1980 vre listed our property (7245 '~~`• 33rd Ave.) with a realtor and it was described as havzng,a mother-in-law apartment. It sold in February, 1880 to P.P, and Liliana Kimball. who turned it into a tyro-fai:~ily rental like the one next door. It was sold in November, 1gg0 to Peggy Charles, Las Vegas, NV., the present owner. I believe this information might be noted. Yours truly, M.~Loraine EhrhaO~r~d ~~ ~v ~ Charles A. Ehrhard ~- PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-92-23 DATE: February 25, 1993 REQUEST: An application by Eugene Lucero for approval of variances to lot width and area as regulated by Section 26-15 (F) to allow a duplex in a Residential-Two zone district. Said property is located at 7245 Gi. 33rd Avenue. Position On Request; ' ' (Please , Check) { SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR ~ OPPOSED ~ ~ 1 /, ~ ~-~ura ~SeKr / 7 200 t~ 3 3 ~" /~u~ ~ ~ %~ I i i ' ~ 0 /%y ~ 1J ~ J jZ(JYVIIM~at ~ ~L L " ~U //fl ~~ . p 4~/ U~ /~ ~ , i ~ ~ i ~/ ~ '~ ~ ~~^ i ci, `tau ~ 3a~ d 'ya ~c ~ i ~ i ~ . v , ' CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING March 25, 1993 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman HOWARD at 7:31 p.m., on March 25, 1993, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Thomas Abbott -- David Albertsen John Bernhart Alfred Dooley Robert Howard Susan Junker Edwin Rossillon MEMBERS ABSENT: James Reynolds STAFF PRESENT: Greg Moberg, Planner Bob Gaspar, Code Enforcement Officer Mary Lou Chapla, Secretary ~~~**~*~~~*~*~~c~*~***~~~~~~******~c~***:~~:~c:~~c:rte*:r:r~:r~~**:~*~~~r*~**~:~r PUBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public Hearing of March 25, 1993. A set of these minutes is retained both in the office of the City Clerk and in-the Department o£ Planning and Development of the City of Wheat -- Ridge. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 25, 1993 Page 2 2. APPROVE THE ORDER OF THE AGENDA Consensus was to approve the agenda with Case No. WA-93-4 being continued by the applicant until the next meeting. 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 A. Case No. WA-92-23: An application by Eugene Lucero for approval of variances to lot width and area as regulated by Section 26-15(F) to allow a duplex in a Residential-Two zone district. Said property is located at 7245 West 33rd Avenue. (This case is continued from February 25, 1993). Bob Gaspar presented the staff report. Ali-.pertinent documents were entered into record, which Chairman HOWARD accepted. The applicant was not in the audience at this time. Chairman HOWARD called a recess until the. applicant's arrival. Mr. Lucero arrived at 7:45 p.m. Board Member ROSSILLON asked if there was more than one family living there now, and Mr. Gaspar replied the applicant could better answer that because he is not aware of the current status. Board Member ABBOTT asked if there is a substantial difference from the findings of fact in this case versus the case from last month, and Mr. Gaspar replied no. Chairman HOWARD asked if the lot frontage and square footage of the lot are the only two things to deliberate on tonight,-- and Mr. Gaspar answered yes. Chairman HOWARD asked upon approval would this be a legal conforming or a legal non-conforming use, and Mr. Moberg answered if this is granted, it will become a legal use on the property. If the codes were to change and amortization schedules were placed on all old duplexes to be certain size, this would not come under that rule because of the variance. Chairman HOWARD wanted to know if the building was built in the 1953-54 area, and Mr. Gaspar said yes, according to the original owner of the property; however Jefferson County Assessor's office shows it was built in 1966. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 25, 1993 Page 3 Board Member HOWARD asked if there is any knowledge on what the zoning requirements were at that time on lot sizes, and Mr. Gaspar replied prior to 1969 all Jefferson County zoning on single-family and duplexes in a Residential-Two are exactly the same as now. No further questions were asked of staff. The applicant, Gene Lucero, 2870 North Speer Boulevard, Denver, CO, was sworn in. Mr. Lucero is representing the owner of the property. Mr. Lucero acknowledged that the property is causing some disturbance within the neighborhood and feels it is a people problem and not a deficient property size problem. Mr. Lucero said the home was built with a walk-out basement. The upper floor has 1400 square feet and the lower floor has about 700 square feet. The two floors are connected by an internal stairwell which is closed at the basement, but the upstairs has just an open door. The properties lot size is somewhat smaller than those with side by side units, therefore providing more land space. The driveway runs from the front of the lot and can accommodate the cars from the second unit. Mr. Lucero went over the nine criteria and feels the property cannot be used as a single family because it was constructed for two family occupancy. The owner purchased this as a two unit and was relying on the two rents, therefore, did not create the problem. Mr. Lucero said the applicant has had problems with prior tenants; one having a daughter with health problems that required a high temperature level. The temperature was around 80 degrees when Mr. Lucero was in the apartment, and this caused problems with the other tenant in not wanting to pay 50$ of the utilities. Mr. Lucero recommended to the applicant that she employ a property manager that lives a little closer to the property and there be a stricter screening of the tenants. Mr. Lucero continued saying the property will not alter the local character of the neighborhood as there are a number of - the same types of dwellings in the area. The purpose of the variance is not to make money, the owner wants to maintain her investment, not maximize it. Mr. Lucero said the applicant did not design the mother-in-law apartment, she did not construct the family room on the main level, nor did -- she build a barrier between the first and second unit. The variance will not be detrimental to the health an~i ..~alfare of the neighborhood, nor will impair light or air. Mr. Lucero told the Board to please consider that fnr '3 years the property has been managed and lived in on a ~~~:;itive basis. a CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 25, 1993 Page 4 Board Member ABBOTT asked what is his occupation, and Mr. Lucero replied he is a real estate broker. Board Member ABBOTT noted on the listing in October 1990, the property was listed as having a mother-in-law unit-and with his experience as a real estate agent what does the term 'mother-in-law' unit mean to him. Mr. Lucero replied it means there is a connecting stairwell going between the two units, but they have been closed off to allow for usage as two separate units. Mr. Lucero said it is possible in this case that was a way of saying it was not a legal double, however, that was not Ms. Charles or his interpretation at that time. That would be a good defense for the realtor however. Board Member ABBOTT asked would he say there is a difference between a mother-in-law apartment and a duplex, and Mr. Lucero answered yes. He would not have been able to note the difference two years ago because he was not aware of the distinction. Chairman HOWARD asked if he has a copy of the Jefferson County Assessor's data on this property, and Mr. Lucero replied yes. According to their records, it was built in 1966 as a single unit with an unfinished basement. Mr. Lucero said these things are sometimes not a true record of fact, and there might have been an error on the assessors part. Mr. Lucero compared other listings he has had that were not correct, and said he was trying to show that listings are sometimes not entirely reliable. No further questions were asked of the applicant at this time. Laura Kent, 7200 W. 33rd Avenue, was sworn in. Ms. Kent said she has lived at this address for six years, and about three years ago there was nothing but problems with this property. She contacted the owner at that time but thought instead of complaining she would act like she was interested in buying the property. Ms. Kent stated she feels the current owner knew it was not a legal duplex when she purchased the house. Entered into record were photos labeled Exhibit 'B', and a copy of the sewer and water permits stating this is a single family dwelling, labeled Exhibit 'C'. Ms.,Kent said the thermostat was upstairs, the hot water heater was downstairs and there was always problems with constant fighting. These are some o£ the problems you have when a single family unit is shred by two unrelated Families. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 25, 1993 Page 5 There was usually four unrelated people in the upstairs unit and that made the parking horrible. The street is very narrow and the cars are always parked on both sides which creates a dangerous situation with the children playing in the streets. There are-also no sidewalks on that block., so people have to walk in the streets. Ms. Kent further discussed some of the parking problems. No questions were asked of Ms. Kent. Don Drummond, ,7260 W. 34th Avenue, was sworn in. Mr. Drummond is against this request because these homes were all bought as single family homes. The situation has drastically changed since becoming a rental duplex. The original owners were a single family with th_e mother-in-law unit downstairs for the wife's father. The property was not sold as a duplex, but as a single family home. The property values are going down due to the density of persons and. automobiles, and Mr. Drummond said he would like to see this voted down. No questions were asked of Mr. Drummond: Chuck Coleman, 7245 W. 32nd Avenue, was sworn in and entered into record a petition against this request, labeled Exhibit 'D'. Mr. Coleman said he has .lived at his house for 12 years and has slowly seen their neighborhood slide down hill as far as property values go. Several homeowners of adjacent properties approached the property manager of this house, but the calls were never returned and were completely ignored. He feels this is a real people problem because the occupants of this house usually have no regard or concern for the community. The noise goes on well after midnight, with horseshoe throwing, music, kids in the street at 1:00 in the morning, barking dogs, etc. These conditions seem to fluctuate because there seems to be so much transiency. The houses are poorly maintained which affects us property owners in the area. Mr. Coleman feels that allowing this duplex to continue is asking for trouble and he can see further involvement with the police department. No questions were asked of Mr. Coleman. Perry Wykoff, 7460 W. 34th Avenue, was sworn in, and questioned the real estate ethics during the sale of this property, and asking if anyone checked this house out to see what it was when they bought it. He continued saying approving this will cause a serious parking problem because the streets are so narrow. In 1953 Mr. Wykoff_wantc~~ to build a second unit and was told no, so he feels thn[ law was in .effect for this property also. Mr. Wykoff -~~,Ked the Board not to make hundreds unhappy just for a fe~.:. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 25, 1993 Page 6 No questions were asked of Mr. Wykoff. Gladys Roshong, 7340 W. 34th Avenue, was sworn in. Ms. Roshong spoke against this request and wants to second everything that has been said previously, and asked the Board not to approve .this variance. No questions were asked of Ms. Roshong. Todd Young, 3290 Vance Street, was sworn in. Mr. Young said he has a few concerns about this house because it was built as a single family home with one furnace, one water heater, and one utility setup. The tax records obviously showed this was a single family home. Mr. Young is also concerned because there are no legal fire barriers between the two units. He stated the parking along the street is very tight and there has always been a problem with children playing in the street. He asked the Board to please take into consideration the citizen's request and not grant this a legal non-conforming duplex. No questions were asked of Mr. Young. Donna Ulery was sworn in. Ms. Ulery used to live at 7245 W. 32nd Avenue and testified that there are-two separate heat controls. Ms. Ulery said when she complained no one returned her calls and she never actually knew who the owner was. Ms. Ulery said there is not enough room for two families and does not think it should remain a duplex. No questions were asked of Ms. Ulery. David Brown, 7255 W. 33rd Avenue, was sworn in. Mr. Brown lives directly west of the property in question and has done so since 1967. He knew there was a mother-in-law unit when he purchased his house. Mr. Brown said the driveway is useless in the winter because of the slope, therefore there are always cars parked on the street,-and in this instance there were sometimes 7 or 8 cars. He said the previous owner did a better fob of screening the renters than the current owner. Mr. Brown said his house has the same floor plan and he cannot imagine having two families living there. The owner lives out of town and shows a lot of disregard for the neighborhood, and the management shows no results either. He does not know what the inside of the house looks like, but the outside is a mess and hence the property values of the neighborhood have gone down. Mr. Brown said being a next door neighbor and having to put up with a lot of these problems, please do not approve this variance. No questions were asked of Mr. Brown. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 25, 1993 Page 7 Noel Mullen, 7391 W. 33rd Avenue, was sworn in. Mr. Mullen is against this request because of the density of cars on the street and asked to have the situation corrected now. No questions were asked of Mr. Mullen. Calvin Woodward, 7265 W. 32nd Place, was sworn in. Mr. Woodward stated the City has a good code and read Section 26-14. They began to notice a significant increase in traffic and number of vehicles about two years ago and feel this is over population of the community. A general deterioration is taking place of what was once a well kept neighborhood, and this overloading has resulted in abrasive behavior of some of the residents. If it is the sellers of these properties that are leading the buyers into believing that they are buying income properties, it is unfair and a misrepresentation. Mr. Woodward resents what is happening to his neighborhood and the deterioration is the main factor that contributes to the depreciation of property values. Property owners should all conform to the City's codes. No questions were asked of Mr. Woodward. Mr. Lucero rebutted by asking Ms. Kent what was the condition of the property three years ago as it relates to now and has there been any changes or improvements. Ms. Kent answered she has not been inside the property so she does not know of the inside improvements, but she has not noticed any outside changes. __ Mr. Lucero asked Ms. Kent how was the garage used at that time, and Ms. Kent replied she does not know. There was two leases to look at when she was considering buying the property. Mr. Lucero stated the previous owners designed this as a two unit property and did some changes to accommodate a second unit downstairs. Mr. Lucero told the Board by rejecting this variance and making this a single family dwelling does not mean it will automatically have less people occupying the property or less vehicles. The problem seems to be people and Mr. Lucero feels there can be some management changes to answer the neighbor's concerns. It has always been for two families, so there is nothing to change it back to. The owner cannot re-finance this property as she owns four other properties and she is attempting to establish some sort of retirement because her husband is ill and has had several heart attacks. In summary, the footprint of the property can allow it to be maintained as a quality residence which upholds the code and Mr. Lucero believes the problems with this property can all be remedied. No further questions were asked of Mr. Lucero. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: March 25, 1993 Page 8 Motion was made by Board Member ABBOTT, that Case No. WA-92- 23, an application by Eugene Lucero, be DENIED for the following reasons: 1. Both variance requests are in excess of 20~.- _.. 2. The property is clearly described as a mother-in-law unit and not a duplex. 3. No hard evidence has been presented as to a legal, permitted conversion of this building. 4. Sworn testimony and evidence was given by neighbors stating: a. Property-values and neighborhood quietude have been significantly impacted by the illegal conversion to a two family use. b. The continuance of this illegal two family occupancy has altered .the essential character of the locality as it was originally conceived by the County as to the concept of neighborhood density. c. The design of this building renders it dysfunctional for use by two families by current standards. 5. Related to the nine findings of fact the preponderance of argument would not seem to support the approval of this variance request. 6. There was a petition with 19 signatures opposing this variance. Motion was seconded by Board Member DOOLEY. Motion carried 7-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Study session discussion followed. A date will be set at the next meeting. B. Approval of minutes: February 25, 1993 March il, 1993 Motion was made by Board Member BERNHART, seconded by Board Member ROSSILLON, that the minutes of February 25, 1993 be approved as printed. Motion carried. Motion was made by Board Member JUNKER, seconded by Board Member DOOLEY, that the minutes of March 11, 1993 be approved as printed. Motion carried. 8. ADJOURNMENT Consensus was. to adjourn the meeting. Meeting adjourned at 9:35 p.m. Mary L hapla, Secre ary PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-92-23 DATE: March 25, 1993 REQUEST: Approval of variances to lot width and area as regulated by Section 26-15(F) to allow a duplex in a Residential-Two zone district. Said property is lmcated at 7245 W. 33rd Avenue. Position On Request; (Please Check) ; SPEAKER'S NAME d~ ADDRESS (PLEASE PRINT) i ZN FAVOR i OPPOSED i i ~.. a..t,~, rc~.. kcr~ ~- 7 2-~ ~' W 3 3rd r i ~~ ; ~ ; ~L ~ ~ X i ~ i ~ ~ i i i ~ ~ i ~ ~ i i ' ~ ~ ~ i i i ~ i i ~ i ~ i ~ i ~ ~ ~ i ~ i ~ i ~ i ~ ~ ~ i i i i ~ i ~ ~ i i i ~ i ~ i ~ i ~ i ~ ~ j i i i H /!~ 1") /Y" 1 /-=. ! Yt1 G+ Q I ~ U(l +ar 0'C -F' ~ "'-~'' c tt ~ ~ id• r^r'. ~ ~ Wc~ G2.-~~ ~x~:`_ b' PEITPION -'a~~ 1 We the undersigned petitioners residing it the city of Wheat Ridge, wish to voice our objections regazding the further or future occupation of two family dwellings and non-conforming duplexes in the 33rd and Vance Subdivision and specifically the address of 7245 W. 33rd Ave. Home Owner Address 3 /~i` j l ~ L'Yls~n...c~ / o~ 6 /~ ~ ~J ~% /GG~? ~ . y 4 1 ~(.f'LECYLi~ ~ ~ ~~~./f~r%[ (;~LLL~y-~ ~'(/CGr!i G 'yr '/'~/~G_~ . s . 7 . s ~ ~~- ~ ~ rte; w~. '? ~. 5 'i w ~ ~ 3 F`~~ «~ . 9. - 11. ~ ~ l/6L~ ~bs 7l g ~ (/1 , ~ ~ ~. _ 7'1 y ~. 12. ~~ ~ ~Lic~T x,25 ~ U~r~ ~ _ . 14. ~J1A ~I1,1~~~1 ~r~~~ ~~~1~In~t~~ / _ _ _ ~~c ~ a- PETITION We the undersigned petitioners residing it the city of Wheat Ridge, wish to voice our objections regarding the further or future occupation of two family dwellings and non-conforming duplexes in the 33rd and Vance Subdivision and specifically the address of 7245 W. 33rd Ave. Hnmr nwn?r Address [R, ~l, Jr A ~,. ~~2„ ~2 ehfs ~ ~ ~~D ~ ~~V/~-~' /..V_ , "" +"~,~-'~zi~Q ~v Z. 3. J/~ J 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. ~~L a«c Laura D. Kent 7200 W 33rd Avenue Wheat Ridge, CO 80033 03/27/93 City of Wheat Ridge Code Enforcement P. 0. Box 638 Wheat Ridge, Co 80033 Dear Sir, _ _ - ~ I wonder if you could send me a list of the legal duplexes in my neighborhood, say within a 2 or 3.blocfi radius of my house._ It would be nice if it was on.Wheat Ridge letterhead. Also, a copy of -- the decision on the variance request for the property at 7245 West 33rd Avenue, a copy of the petition signed by 19 of my neighbors, and a photocopy of the sign-in sheets for the hearings for 7235 & 7245 W 33rd Avenue. I am writing Mrs. Charles a letter. Enclosed is a self-addressed, stamped envelope for your convenience. Also enclosed is a blown-up photocopy of an ad that appeared in the Denver Post on March 27, 1993. Sincerely, Laura Kent ZITY OF WHEAT RIDGE MAR 2 91993 ~~ PLANNING & DEVELOPMENT 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 March 1993. CASE NO: WA-92-23 APPLICANT'S NAME: Eugene Lucero LOCATION: 7245 West 33rd Avanue Upon motion by Board Member ABBOTT ,.seconded by Board Member DOOLEY the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-92-23 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-92-23 be and hereby is DENIED. TYPE OF VARIANCE: To lot width and area PURPOSE: To allow a duplex in a Residential-Two zone district FOR THE FOLLOWING REASONS: 1. Both variance requests are in excess of 20$. 2. The property is clearly described as a mother-in-law unit and not a duplex. 3. No hard evidence has been presented as to a legal, permitted conversion of this building. 4. Sworn testimony and evidence was given by neighbors stating: a. Property values and neighborhood quietude have been significantly impacted by the illegal conversion to a two family use. b. The continuance of this illegal two family occupancy has altered the essential character of the locality as it was originally conceived by the County as to the concept of neighborhood density. c. The design of this building renders it dysfunctional for use by two families by current standards. WA-92-23/RESOLUTION Page 2 5. Related to the nine findings of fact the preponderance of argument would not seem to support the approval of this variance request. 6. There was a petition with 19 signatures opposing this variance. VOTE: YES: Abbott, Albertsen, Bernhart, Dooley, Howard, Junker, and Rossillon NO: None DISPOSITION: Variance DENIED by a vote of 7-0. DATED this 25th day of March, 1993. 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