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HomeMy WebLinkAboutWA-07-10 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Case File CASE MANAGER: Adam Tietz CASE NO. & NAME: W A-07-09/Beaver DATE: N/A ACTION REQUESTED: Approval of a 5 foot side yard setback variance from the 10 foot setback requirement for detached garages over 8 feet on property zoned Residential Two (R-2) LOCATION OF REQUEST: 4200 Ammons St. APPLICANT (S): OWNER (S): John Beaver John Beaver APPROXIMATE AREA: 10,875 square feet (.25 acre) PRESENT ZONING: Residential- Two (R-2) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) (X) ( ) CASE FILE & PACKET MATERIALS ZONING ORDINANCE SUBDIVISION REGULATIONS ( ) DIGITAL PRESENTATION Location Map Site Board of Adjustment W A-O? -1 O/Beaver I JURISDICTION: All notification and posting requirements have been met; therefore, the administrative decision may be made. I. REQUEST The applicant is requesting an approval of a 5 foot side yard setback variance in order to construct a 440 square foot detached garage which is over 8 feet in height at the property indicated above. II. CASE ANL YSIS The applicant;Johnp~aye~;is r~qu~sti~9this variance as the property owner of 4200 Ammons St. :(E;~~itXti.t;"t1;er():f,g\?q!),,,~;t). The request is for approval of a 5 foot side yard setback variance from the 10 foot side yard setback requirement for detached garages over 8 feet in height(E;~i';iJ~!tJg~'$~t~;:Rfi\li). The R-2 zone district allows single family uses, two family dwelling units, and accessory buildings. The property is approximately 10,875 square feet in size. It is 75 feet in width and has a depth of 145 feet. The property has an existing home with an attached garage on it. The applicant wishes to construct a new, 440 square foot, detached garage on the lot. The proposed garage would be constructed in the rear yard along the southern side of the property. The property is located on Ammons Street between W. 41st Ave. and W. 44th Ave. Because the request is for a 50 percent variance, it can be approved administratively. All other development standards have been met with this request. The footprint of the existing home is 1,628 square feet. The R-2 zone district allows for maximum lot coverage of 40%. Based on a lot size of 10,875 square feet, 4,350 square feet of structures are allowed. With the proposed detached garage being 440 square feet, the lot coverage is under the allowable maximum with 2,066 square feet or 19% lot coverage. The proposed garage also meets all other development standards including the setbacks for the sides, rear, and maximum size. The applicant has indicated the garage will also be under the 15 foot maximum for height. The proposed detached garage will utilize the existing concrete driveway which provides access to the property already in place. The driveway is on the south of the property and will be extended further east to provide access to garage. The new drive will also be concrete. With the existing home in its location on the lot, a portion of the garage would be very difficult to access with a vehicle if the garage were required to meet the 10 foot setback. It would require several forward and backing movements in order to get a vehicle in or out of the garage. Board of Adjustment W A-07 -IO/Beaver 2 III. VARIANCE CRITERIA Staff has the following criteria to evaluate variance requests: 1. The property in question would not 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. If the request were denied, the property may yield a return. The property currently has a single family home on it and it may remain in this manner regardless of outcome of the variance request. If denied, the applicants could still construct a detached garage on the lot but it would have to meet all setbacks. 2. The variance would not alter the essential character of the locality. The variance would not alter the essential character of the locality. It appears from aerial photos that many ofthe homes in the area have accessory structures such as garages and sheds in the rear of the primary home. 3. The applicant is proposing a substantial investment iu the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property. If the applicants were not asking for a variance they still would be able to construct a detached garage on the lot. 4. The particular physical surrounding, shape or topographical conditiou of the specific property involved results in a particular and unique hardship (upou the owner) as distinguished from a mere inconvenience ifthe strict letter of the regulations were carried out. There are no unique conditions related to shape or topography that render any portion of the property in question unbuildable. The property is rectangular in shape and flat. There are limited alternatives for placement of the garage due to existing home on the property. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The applicant has created his own hardship by requesting the variances. 6. The granting of the variance would uot be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent Board of Adjustment WA-07-10/Beaver 3 property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent property. The adequate supply of air and light would not be compromised as a result ofthis request. The request would not increase the congestion in the streets, nor would it increase the danger of fire. The request will most likely not have an effect on property values in the neighborhood. The home would not cause an obstruction to motorists on the adjacent street and would not impede in the sight distance triangle. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are no unique circumstances or conditions present on the property or in the neighborhood. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. The granting of the variance would not result in the accommodation of a person with disabilities. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to single and two family dwelling units. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. There are limited alternatives for placement of the garage due to the location of the existing house. 2. There will be no negative impact to the public welfare or other properties in the area. 3. The request would not substantially increase the congestion in public streets, increase the danger of fire or endanger the public safety. Board of Adjustment W A-07 -1O/Beaver 4 4. There have been no protests submitted during the ten-day public notification period. With the following condition: 1. The design and architecture of the proposed garage be similar in character to the existing house. 2. The height ofthe garage shall not exceed 15 feet. (measured at mid-roof) t)3~J Interim Co Date ~pproved with conditions Board of Adjustment WA-07-IO/Beaver 5 1 S'--'''''7 -.. 1..- 7 k,,,..ecu1.-<:';>o^,-- ...:7:-t1<-~?-- "i'2.<~.i.{..,;?3'-" /~~L- A/.~Z'./0-'"vCi&' cq~ /&:.L..-' ._,i--L~ /"'0"-. .. Z'ZuZ.;, ;:JCl/U2jJL- -:T.ilr"-C\P+!-- ~:(;- -?u..-L{"#?..A4 J1.c- -42~-yd;t..-~~-t~:r t'rv-'&".~.<j;t~ ~u tk,l') _tZ:';"_"'{-L-:,...".~l a.J-'-O-<<.."...:/ 6/ .c.o..,~{"-- /JVLe<'fVle/O/ /tcr- f';'L'L~~j-- ci~L~/'€.(~d- . XI Al--6-<J:'/ ra-&- ,;;~~1~ j/~~Z4:....Lc,.a~~LdrJ..... ..t:~?!a/~CI.fJ--<:-- , r/ c/ '2Za-,~ ~~ '.>' ~7,/ 1'/) , _ // tit L.-.... L::1..,';'a?..-(.''-<:~ (/' lilt EXHIBIT 1 C~~~o~~rr;c~ I 0 ~<; :-p~~~: 5n7 East Evans Avenue Denver, Colorado 80222 T- 303.757.1800 F-303.757.0433 " I _'/'5~ .. ~- t{ t co II "'1 wt 0 N 5 S l' ~\-It.4T A.,'t>G ~ I cO '$0033 \ !r3 \ lC- -"c ~ 50' ""'- u) ;.. -a... , ...<:( s ~"" t1...... i \'0') 1f\ 'Q""vt- \'6 \ T 1 - i M E- 1-t 0 uS t 1- .... = ..., .... ~ t:C ~ "'... ~ VI J >oJ 't-<l ,J,~ FA-oN' ~<l/ -~ I- V) - ox u.I ~rJ 11 z..oO An, meN 5 sr POSTING CERTIFICATION CASE NO. WA-07-10 DEADLINE FOR WRITTEN COMMENTS: July 26. 2007 I, :'lo 1/ N F:>i~ J4 U E. /.J (name) residing at ?/ '2 ()<J If tv! W'I () IV S 5--;- W 111511-1 (address) ((r'd q r -' Jl DOS .:s as the applicant for Case No./.V p, - 07- /0 , hereby certify that I have posted the sign for Public Notice at t!("2.DO A-M/YI 0/(/ '\ 5/ (10 cat ion) on this ..i..b.- day of :5 fA / / ' 20~, and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the .~- ~ .. deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Communi evelopment Department for this case and will be placed in the applicant's case file. MAP ~" ... ~. ~. .,. ~" . ; .,. . .,. " .,. 0 .,. 0"15 . .,. ~ l .,. <>1m .,. .,. .,. .," 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The Cjty of Wheat Ridge July 17, 2007 This is to inform you of Case No. W A-07-l0, a request for approval of a 5 foot side yard setback variance from the 10 foot side yard setback requirement resulting in a 5 foot side yard setback on property zoned Residential-Two (R-2) and located at 4200 Ammons Street. The applicant is requesting an administrative variance review which allows no more than a fifty percent (50%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified ofthe request by certified maiL If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on July 26,2007. 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N >, !> ! ..ui !; R-C H, E A~RESUB .! :::! :;! ., .!: " R-3 R-C . ! , ..1 ! ~~ ~ R-2 ! I ! ~ ! Ii.. - 1 - ! , I 1 I'--- I - , ---- ! I'--- ----5 . - ~ ~ ! , ! . R.J.s\.mHlil ~ MINOR};U~::l --' , _I ,r I ._ 1 ,..,1 tI) (\j lU ~\l) NW26 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO ---- PARCEULOTBOUNDARY (DESIGINATES OWNERSHIP) --. WATER FEATURE * DENOTES MULTIPLE ADDRESSES PCD WZ-85-18 WZ-87-2 C-1, .. ZSI.L1~ ~ 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) DEP ARIMENf OF PLANNING AND DEVELOPMENT 01 ..1 I , SW23 @ o 100 200 xv 4CO F'~et MAP ADOPTED: June 15, 1994 last Revision: September 10, 2001 31- .)..33-- dC/-a (5;)- BEAVER JOHN M JR BEAVER LOYCE A 4200 AMMONS ST WHEAT RIDGE CO 80033 37" ;;I--3y ocr-ocr / ElIRMAN JACK A LIFE ESTATE EHRMAN ANN T LIFE ESTATE 4216AMMONSST WHEAT RIDGE CO 80033 3Yf-;23'3- o't^-D03 ROMERO LYNN M 4190 AMMONS ST WHEAT RIDGE CO 80033 3'1- ?-;??.--6 6 -6/0 JEFFERSON COUNTY SCHOOL DISTRICTR-1 1829 DENVER WEST DR GOLDEN CO 80401 '3'1-'?"'?J3-0S_CJ6G- GARRAMONE MARION GARRAMONE LISA S 4195 AMMONS ST WHEAT RIDGE CO 80033 39 -;?-35-65"-067 HERMAN MILLIE 4205 AMMONS ST WHEAT RIDGE CO 80033 37 ~;L33-oS'-06Y WESTOVER Si~::: A /J ~~ WA--tJ?-/If/ ~ 7007 0220 0004 4828 2444 7007 0220 0004 4828 2451 7007 0220 0004 4828 2468 7007 0220 0004 4828 2475 7007 0220 0004 4828 2482 7007 0220 0004 4828 2499 7007 0220 0004 4828 2505 7/17- l/d-.iQ /0 7 CZ3 ~@ co ~ @~ lJ.j~ N I~ I'" (.. ""@ I ,~ 0 : "'J 0 ~ @ ~@ M "'@ N "'@ ~ "'@ o "'@ @ @ M31^ SUOWW"if 3E>al~1."3HM 88JlS 1.S L co@ m @ o@ ~@ N@ M@ <;t @ ",@ ""@ ~@ M ~ M <;t g <;t 0 <;t 0 <;t 0 <;t <;t g <;t 0 0 0 0 <;t 0 0 ) ~@ ""@ ",@ <;t@ M @ N@ ~@ @ m@ co@ N N N N 0 N 0 N 0 0 0 N N 0 N 0 N ~ 0 ~ 0 ens wesles M31^ 3E>al~1."3HM ) ""@ ~ @ co@ m@ 0 @ @ N@ M @ <;t@ ",@ ~ ~ ~ ~ 0 ~ 0 ~ ~ 0 0 Residential Worksheet Zoning: '72tJo JVVlf'v\M 5 Q-<.. )0, g7s sq. ft. , Property in the flood plain? / Address: Lot Size: Lot Width: 75 ft. Maximum Lot Coverage: (,,/0 % tfsSo sq. ft. Proposed Improvements: ExistiPt Improvement(s): House: sq. ft. House: (2-9 sq. ft. Addition to House: sq. ft. Shed: sq. ft. Shed: sq. ft. Detached Garage: sq. ft. Detached Garage: Lf~ () sq. ft. Other: sq. ft. Proposed Lot Coverage: (Total) F; % 'Zctc, sq. ft. , Required Setbacks: FR 50 S s S 10 R 10 Provided Setbacks: FR ':>0 S So S S R 55 Maximum Height: t 5 Proposed Height: 1....15 ft. Maximum Size: f()o{) 'Nn sq. ft. ft. Proposed Size: sq. ft. Access Notes For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any property line, except when used as joint access for two or more lots. In residential zone districts, curb cnts shaJl be at least 10 feet and not more than 24 feet in width. One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet apart, measured from the interior edges. For all uses, one access point per property is 'pennitted. Landscapinl!: Notes For one-and two-family dwellings, one tree for every 70 feet of street frontage is required. 100% of the front yard and 25% of the entire lot must be landscaped prior to issuance of CO. Street trees required: Street trees provided: LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (please print or type all information) Rel/t/f/2 Address State &./:;2..00 ?Oln IiMPlON'S Zip -;co ;;-~ S'l"- Phone3D3- '12,/-5'0 Fax Address %;;::'0 4;vl/noH/~ 57 State t': 0 /0<'1 Zip p(% 'S' S,q /V1 E Phone Fax Location of request (address): 7'";200 Am fVl tJ/1/S W~J1--f R../ c:lyE Co f'oofY Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side o Change of zone or zone conditions 0 Special Use Permit o Consolidation Plat 0 Subdivision: Minor (5 lots or less) o Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots) o Lot Line Adjustment 0 Right of Way Vacation o Planned Building Group 0 Temporary Use, Building, Sign o Site Development Plan approval 0 Variance/Waiver (from Section ) o Other: D. etailed deSCjtiOn of request: r',vC,J-/Z.-4 tJof jot rJu,(r! 0frA.rlQ,t:' .l,-/ -(JZ"Pl tOl<t9J?Ett.J-V t /"'!./E /' T " ( Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: I certify that the information and exhibits herewith e true and correct to the best of my knowledge and that in filing this application, I am acting w' iUl.\J~1 d consent of those persons listed above, without whose consent the requested action c . aWfully'be. plished. Applicants other than owners must submit power-of-att ey from the 0 w.lii..Cil.iJ"rli"~d,?f's action on his behalf. Signature of Applicant To be filled out by staff: 7/~/{)7 Date received Comp Plan Desig. Related Case No. Fee$..4::l:5~ ReceiptNo.CUI...z39>> Zoning 12 - ;:r- Pre.App Mtg. Date Case No. wl/--fJ7-ID Quarter Section Map ~?, Case Manager /:'; Recording requested by: LSI When recorded return to: Custom Recording Solutions 2SS0 N. Redhlll Ave. Santa Ana, CA. 92705 ....\.'2.11oJ 2-3 / 800-756-3524 ext. 5011;.1+;) RECEPTION NO. F :llel () WJ J '/ 7/17/2003 13~25:17 PGI 001-01& PAGE FEE: 81.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO UKllilNAL DOC (LPS) Prepared By: WELLS FARGO HOME MORTGAGE, INC. 2701 WELLS FARGO WAY" MINNBAPOLIS, MN 554080000 [Space Ahove This Line For Recording Datal /lV \ DEED OF TRUST DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 30, 2003 together with all Riders to this document. (B) "Borrower" is JOHN M BEAVER AND LOYCE A BEAVER, HUSBAND AND WIFE Borrower is the trustor under this Security Instrument. (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a CORPORATION 0028956787 COLORADO-Single Family-Fannie MaefFreddle Mac UNIFORM INSTRUMENT =::::,::::': ,,~'" . III 111m n 1IIIgIIII Form 3006 1/01 C016116 12106GR140 Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: IwA071 0 I~_~~~~!:_~-- " !Joh~n lsal11e~~__ I 14~_9.9AE!lE!l~':l_!:i_$~. Iwheat Ridge, CO 80033 1720-560-8028 Isame I ~03-424-5042~ . 14200 IAmm_91!!)__~!r~~! Iwheat Ritlg~, CO 80033 trietz (Active I I Quarter Section Map No.: I~~:?~ Related Cases: tw Case History: Review Body: APN: 2nd Review Body: 2nd Review Date: Decision-making Body: Approval/Denial Date: Reso/Ordinance No.: 5 ft side yard setback ariance (50%) . . . jp.tII11:. ~9-233"()4"()02 I I I I l Conditions of Approval: I District: hL ~~~.. Date Received: ~t~!~_QQ:L Pre-App Date: I. CITY OF WHEAT RIDGE 87/86/07 10:29 AM cdb loyce/john beaver RECEIPT NO:C023921 FMSD ZONING APPLICATION F zone PAYMENT RECEIVED CK 3981 TOTAL AMOUNT 20U8 AMOUNT 288.88 20U0