HomeMy WebLinkAboutWA-07-12
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City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
February 21,2008
Todd Crowe
Crowe Architects
12700 Willow Lane
Lakewood, CO 80215
Dear Mr. Crowe:
This letter is in regard to your request on behalf of property owners, Sandy and Jay Hutchcroft, for
approval of an extension ofa variance granted pursuant to Case No. W A-07-12.
On August 24, 2007, your clients were granted a 7.5 foot rear yard setback variance for property located
at 3263 Taft Court. Pursuant to Section 26-115.C.5 (Expiration) any variance granted by the Board of
Adjustment or Director of Community Development shall expire within 180 days unless a building
permit is obtained within this period of time. The expiration of your clients' variance would occur on
February 24,2008.
The Community Development Department acknowledges your request and hereby grants an extension
for six months. Please be advised that if a building permit application is not received by August 24,
2008, your clients' variance will expire. Staff does not anticipate approval of another extension.
c: W A-07-12 file
www.ci.wheatridge.co.us
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Memorandum
TO:
Ken Johnstone
FROM:
Meredith Reckert
DATE:
February 6, 2008
SUBJECT:
Case No. WA-07-12
Attached is a request for approval of an extension for the variance granted pursuant to Case No.
W A-07-12. This was a request by Sandy and Jay Hutchcroft for approval ofa 7.5' rear yard
setback variance from the 15' rear yard setback requirement for property zoned Residential One
(R-l) located at 3263 Taft Court. The request was approved administratively on August 24,
2007.
Below is the appurtenant code section which addresses variance extensions. I would recommend
extension for six months.
Expiration: Any variance granted by the board of adjustment or director of community
development shall automatically expire within one hundred eighty (180) days of the date it was
granted, or within such other time as the board of adjustment or director of community
development may prescribe, unless a building permit for the variance is obtained within such
period of time. If the building permit expires, the variance shall expire at the same time.
Extensions of time may be granted by the community development director for good cause
shown, but only if an application for the extension is made prior to the expiration of the
variance.
January 31, 2008
Meredith Reckert, AICP
Senior Planner
Community Development
City of W'lieat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80033
RE: HutchcroftlSetbackVariance/Case WA-07-l2
Request for Extension
Dear Meredith,
To follow up on our telephone conversation today, I would like to formally
request an extension, with respect to the above referenced variance. In speaking
with Sandy Hutchcroft, she has indicated that they are experiencing delays,
beyond their control, relative to obtaining financing. In addition, her husband,
Jay, is about to undergo surgery which will require extensive rehabilitation. In
summation, the Hutchcroft's are anxious to embark on their new addition but
need additional time to work through the challenges that currently face them.
On behalf of the Hutchcroft's, we sincerely appreciate your understanding and
assistance.
owe
Cc: Jay & andy Hutchcroft
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ReW
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CROWE
ARCHITECTS, AlA PC
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1271111 \\;'dlo\\' Lane
LakcwooJ, Colorado !\()215
303.462.4636
303.462.4655 fax
Page 1 of I
Meredith Reckert
From: Meredith Reckert
Sent: Monday, January 28, 2008 9:38 AM
To: 'croweworks@att.net'
Subject: Hutchcroft
Hi, Todd-
Please let this email serve as a follow-up to our conversation regarding the variance granted on property located
at 3263 Taft Court. A 7.5' rear setback variance was granted for the subject property on August 24,2007.
Pursuant to section 26-115.C.5., approved variances will expire within 180 days of approval if a building permit
has not been issued. The expiration on the Hutchcroft variance would occur on February 24,2008. An extension
can be granted for "good cause", if the request is put in writing to the Director of Community Development prior to
the expiration of the variance. See below.
If you have questions, please let me know.
Meredith Reckert, AICP
Senior Planner
Wheat Ridge Community Development Department
Telephone: 303.235.2848
FAX: 303.235.2857
5. Expiration: Any variance granted by the board of adjustment or director of community development
shall automatically expire within one hundred eighty (180) days of the date it was granted, or within
such other time as the board of adjustment or director of community development may prescribe, unless
a building permit for the variance is obtained within such period of time. If the building permit expires,
the variance shall expire at the same time. Extensions of time may be granted by the community
development director for good cause shown, but only if an application for the extension is made prior to
the expiration of the variance.
1/28/2008
Page 1 of 1
Meredith Reckert
__"._._,._m~__~_____~.______~_._'_____ ,._~-----'._-'----'-~-~-_.'
From: Meredith Reckert
Sent: Thursday, September 20, 20074:57 PM
To: 'croweworks@att.net'
Subject: Hutchcroft
Hi, Todd-
Thanks for faxing over the drawings for the Hutchcroft addition. Everything looks good as long as the foundation
wall does not extend closer than 7.5' to the rear property line. Roof overhang into up to 30" is okay.
Let me know if you need anything else.
M
Meredith Reckert, AICP
Senior Planner
Wheat Ridge Community Development Department
Telephone: 303.235.2848
FAX: 303.235.2857
9/20/2007
Sep 19 2007 10:11
CROWE ARCHITECTS PC
3034624655
p.1
CROWE ARCIDTECTS, AIA P.c.
Office: 303.462.4636
Fax: 303.462.4655
FAXTRANSMITfAL
DATE: Seprember19,2007
TIME
TO: Wheat Ridge Community Development Department
A TTN: Meredith Reckert
Fax: 303-235-2857
FROM: Todd Crowe
RE: Hutchcroft Setback Variance! Case # WA-Q7-12
PAGES: 2
REMARKS:
Dear Meredith,
AtlBChed is a copy of the proposed addition, to the above rereren<:ed property. Although the configuration has
changed slightly (in response to the setback variance), the addition is consistent with the originally proposed
addition, with respect to both location and use.
Understandably, the Hutchcroft's are anxious to move forward as quickty as posstble, so if you have any questions
or concerns, please tel me know at your earliest convenience.
Again, thank you for facilitating the variance process and for the accessibility you have afforded us to date.
Sep 19 2007 10:11
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Case File
CASE MANAGER: Meredith Reckert
CASE NO. & NAME:
W A-07 -12fHutchcroft
DATE OF MEETING:
N/A
ACTION REQUESTED: Approval of a 7.5' rear yard setback variance from the 15' rear yard
setback requirements for property zoned Residential One (R-l)
LOCATION OF REQUEST:
3263 Taft Court
APPLICANT (S):
OWNER (S):
Sandy and Jay Hutchcraft
Sandy and Jay Hutchcroft
APPROXIMATE AREA:
12,915 square feet
PRESENT ZONING:
Residential-One (R-l)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
1
Jurisdiction
All notification and posting requirements have been met; therefore, the administrative decision may be
made.
I. REQUEST
The property in question is located at 3263 Taft Court and has Residential One (R-l) zoning.
II. CASE ANALYSIS
Theal?l?licant, Sandy Hutchcroft, is requesting this variance as the property owner (Exhibit 1,
'APpli()ation). The request is for approval of a 7.5' rear yard setback variance from the 15 foot rear
yard setback requirement to allow construction of a sunroom addition (ExhilJit 2,SitePlan). The R-l
zone district allows single family uses and accessory buildings.
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 property is 12,915 square feet in size and is irregularly shaped, being located on a cul-de-sac bulb.
The R-l zone district has a minimum lot size of 12,500 square feet and a minimum lot width of 100
feet. This width standard can be reduced to 30' for lots which front on cul-de-sac bulbs. The width of
the subject property is 45'.
The property currently has a single family residence on it. In 1999, a building permit was approved for
construction of a 276 square foot sunroom/enclosed porch addition onto the rear of the house. The
rear setback reflected in the building permit application was 15', consistent with the R -1 development
standards.
Although one inspection by the building division occurred in 1999, the addition was not constructed in
accordance with what was reflected on the approved planset. Subsequently, work on the addition
ceased and litigation between the contractor and property owner ensued. In May of2007 a neighbor
complained to the city building division regarding the unfinished addition and the building division
"posted" the structure. The property owner had a survey completed and approached the city to discuss
completion ofthe addition. Based on the survey, it was determined that the addition is in violation of
the required rear yard setback with an encroachment of7.5'. Due to unsafe construction, the addition
is required to be removed. A variance is required to rebuild it in the existing configuration with the
7.5' setback encroachment.
III. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
A. 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.
Administrative Variance
Case W A.07-12/Hutchcroft
2
If the request is denied, the property may still receive a reasonable return in use. The property
may still be used as a single family residence; however, the sunroom addition could not be rebuilt
without the variance.
B. The variance would not alter the essential character of the locality.
If approved, the request should not have a negative effect on the essential character of the
locality. The current sunroom addition is in disrepair and an eyesore. Reconstruction should
aesthetically improve the character of the area.
C. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
If the variance is approved, the applicant would be investing a good deal of money into the
property to rebuild the sumoom.
D. The particular physical surrounding, shape or topographical condition ofthe specific
property involved results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
There are no unique conditions related to shape of the property in that it is irregular, being a cul-
de-sac lot. There are limited alternatives for placement of the sunroom due to the location of the
main house on the property.
E. The alleged difficulty or hardship has not been created by any person presently having
an interest in the property.
The hardship was created by the original building contractor who did not construct what was
reflected on the permit issued in 1999.
F. The granting ofthe variance would not 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 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.
Approval of the variances would not be detrimental to the public welfare or injurious to other
property in the area. The requests would not substantially increase the congestion in public
streets, increase the danger of fire or endanger the public safety. Property values should not be
impacted as a result of this request.
G. The unusual circumstances or conditions necessitating the variance request are present
in the neighborhood and are not unique to the property.
There have been other similar variances granted in the vicinity.
Administrative Variance
Case WA-07-12/Hutchcroft
3
H. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
Approval of the variances would not result in the accommodation of a person with disabilities.
I. The application is in substantial compliance with the applicable standards set forth in
the Architectural and Site Design Manual.
Low density residential development is not subject to the requirements of the Architectural and
Site Design Manual.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Upon review of the above requests, staff concludes that the above criteria are supportive of the
variances. Therefore, staff recommends APPROVAL for the following reasons:
1. There are limited alternatives for reconstruction of the sunroom addition due to
placement ofthe main structure on the property.
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.
4. There have been no protests submitted during the ten-day public notification period.
With the following condition:
1. The footprint of the proposed sunroom addition be in substantial compliance with what
is represented on Exhibit 2.
This variance shall automatically expire within 180 days of the date it was granted unless a
building permit has been obtained.
~ ~ 0/"0>1'1" 7
Interim Community Development Director Date
C2r
Approved with conditions
Administrative Variance
Case WA-07-12/Hutchcroft
4
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}
A~plicant~E:1~~-<',
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(The person listed as contact will be contacted to answer questions regardi.ng this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Address
State
Zip
Phone
Fax
Location of reqnest (address): ~~ "'T.t=--=-> ~'---=' \ ~"""'.<<' ?-,.-:;v-~
Type of action reqnested (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 )!(Variance/Waiver (from Section )
o Other:
Detailed description of request: _A,(Z.,----= _ c::::>F -t. J:? F''T --r= -n-\~
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Reqnired information:
Assessors Parcel Number:
Current Zoning: :f'!'.' I
Current Use: ~F 1""E' -;? IX7es.~~
Size of Lot (acres or square footage):
Proposed Zoning: 1'2-' I
Proposed Use: =';'F" .
Signat
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My commIssion expires
To be filled 0 :.
My Cmunission ~ 03Ill6I20t0
Date received <:f; 07
Comp ptan Desig.
Retated Case No.
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EXHIBIT 1
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EXHIBIT 2
POSTING CERTIFICATION
CASE NO.
DEADLINE FOR WRITTEN COMMENTS:
I .
,
,Sq/ldrq 12,Hrjfr.Acrott
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residing at ~h -3 T -4-FT' .
(address)
as the applicant for Case No.
, hereby certify that I have posted the sign for
Public Notice at ,3,;/ (,,, ~ . 74 r::-r r}-
(I 0 cat ion)
on this J.tf!: day of flu-r ( <l f- , 20!2.7..., 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.
~
signa~bltb f.',,;Ju'
NOTE: This form must be submitted to the Community Development Department for this c e
and will be placed in the applicant's case file.
_.1 ",I ",I", 1_.
CITY LIMITS
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235.2846 Fax: 303/235.2857
The City of
Wheat Ridge
August 10, 2007
This is to inform you of Case No. W A-07-12, a request for approval of a 7.5 foot rear
yard setback variance from the 15 foot rear yard setback requirement on property zoned
Residential-One (R-l) and 10cated at 3263 Taft Court.
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 of the 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 August 20, 2007.
Thank you.
e:\planning\forms\zapubnot. wpd
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
:s/1-e.-
NE 29
PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
@
o 100 '1fX) XX) 'iOO fed
I':"] 100-YEAR FLOOD PLAIN
L.:..c.:J (APPROXIMATE LOCATION)
OEP ARTMENT OF
PLANNING AND DEVELOPMENI
MAP ADOPTED: June 15, 1994
Last Revision: September 10, 2001
i3 f~;2.9 /-0 &.-/ffl
HUTCHCROFT JAY L
HUTCHCROFT SANDRA E
3263 TAFT CT
WHEAT RIDGE CO 800335364
0004 4828 0921
7007~~
.:3'1- ;;L '7 (- {J &.- / r;, y
GOLDF AIN PAUL D
SLOSKY JACKIE L
3264 TAFT CT
WHEAT RIDGE CO 80033 5364
7007 0220 0004 4828 0914
3Q.-;(9 1~6(p~/C, 7
MARVEL JAMES C JR
MARVEL CINDY L
3254 TAFT CT
WHEAT RIDGE CO 80033 5364
7007 0220 0004 4828 0907
3]-,;)...q/ - Jv 170
HARBERSON DAVID
HARBERSON KAREN
3253 TAFT CT
WHEAT RIDGE CO 800335364
7007 0220 0004 4828 0891
i3 '7 - ;)-C) / ~O C, -- / 73
JEFFERSON COUNTY
100 JEFFERSON COUNTY PKY
GOLDEN CO 80419
7007 0220 0004 4828 0884
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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:
lwA0712
l<;:~Y!_~~__ __
trodd
1~_~,!~~~r~fL
jl;an(jy & Jay
(12700 Willow Ln.
ILakewood. CO 80215
1303-885-7001
13263 Taft Ct.
lwheat Ridge, CO 80033
1303-23'!-1038
13263
1!~:tl_CQ~I!
lwheat Ridge, COl10033
IReckert
iActive
1
I
Quarter Section Map No.: It-,.I~,?~
Related Cases: J--~--~~--
Case History:
.5 rear yard setback
ariance (50%) . . .
Review Body:
iA(jn1'
j39,291,ll6-169
I
I
I
1
APN:
2nd Review Body:
2nd Review Date:
Decision-making Body:
Approval/Denial Date:
Reso/Ordinance No.:
Conditions of Approval:
I
District:
111I..
Date Received: 1~/~g<!QI
Pre-App Date: L_~____