HomeMy WebLinkAboutWA-07-16
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Case File
CASE MANAGER: Adam Tietz
CASE NO. & NAME:
W A-07-16/James
DATE: N/A
ACTION REQUESTED:
Approval of a 5 foot side and rear 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: 4350 Reed S1.
APPLICANT (S):
Rusty James
OWNER (S):
Rusty James
APPROXIMATE AREA:
10,186 square feet ( .23 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 REGULA nONS
( )
DIGITAL PRESENT AnON
Site
I
Location Map
Board of Adju
WA-07-16/Jarnes
JURISDICTION:
All notification and posting requirements have been met; therefore, the administrative
decision may be made.
I. REQUEST
The applicant is requesting approval of 5 foot side yard and 5 foot rear yard setback
variances in order to construct a detached garage which is over 8 feet in height at the
prop~t"tyindi5~~ed<~?0.v~~esl.iltil1g in 5 foot side and rear yard setbacks tI:tJtfiit5fi<rf?;rii~*,~r
Q~;~\lq~\l~~~fg!iB:Pi:<\~!gq~M\ls).
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code allows that the
Director of Community Development (Director) may grant administrative variances from
the strict application of the zoning district development standards. Administrative
variances are allowed for up to 50% of the development standard. All other development
standards have been met.
II. CASE ANL YSIS
The applicant, Rusty James, is requesting these variances as the property owner of 4350
Reed St. The property is located on Reed St. between W. 44th Ave and W. 43'd Ave. in an
R-2 zone district. The applicant wishes to construct a two car detached garage that is
approximately 28 feet wide by 24 feet deep or 672 square feet ~I:tJtfiiB:ftg~<$f!~~!@l The
R-2 zone district allows single family uses, two family dwelling units, and accessory
buildings, including detached garages.
The property is approximately 10,186 square feet in size. It is 75 feet in width and has a
depth of approximately 136 feet. The property already has an existing 1,543 square foot
brick and stucco home and an 84 square foot storage shed. The R-2 zone district allows
for maximum lot coverage of 40%. Based on a lot size of 10,186 square feet, 4,074
square feet of structures are allowed. With the proposed detached garage being 672
square feet, the lot coverage is under the allowable maximum with 2,299 square feet or
23% lot coverage.
There currently is no garage on the property. The newly constructed garage would be a
double car garage and used as the primary garage for parking and storage of vehicles and
equipment belonging to the applicant. The proposed~ilra~~,;,~u~d ?~c()~~~l"Ilcted in the
rear yard along the southern side of the property ~I:tilliB:jfi!~1@~iffi;~~i!~;.Rhq19~j. The
proposed garage meets all other development standards including the height and
maximum size. The garage would be accessed via a new driveway that would also be
constructed along the southern side of the home ~"I:t~ID]r!i~![(f~l!'J19Iq~. According to
Section 26-50 l.D 1. of the City Code, the first 25 feet ofthe driveway must be surfaced
with concrete, asphalt, brick pavers or other similar materials from the existing edge of
the pavement into the site.
Board of Adjustment
WA-07-16/James
2
The applicant has expressed the.s~~~~.\\,i!!~.e~~!!f;])~ilt, and will add to the
character of the neighborhood ~Jgii1:litP;]~i\U<lirigg!~Yi!,#gp.). The owner has invested
the property already through the addition of stucco accents to the exterior of the home.
By allowing the variances it will further increase the value of the property and have a
positive impact to the neighborhood. The applicant has also expressed that ifthe required
setbacks are followed it will be very difficult to access the garage. It would make access
to the northern half of the garage even more difficult and possibly useless for vehicle
usage as it would be located directly behind the home.
Additionally, there appears to be multiple detached and attached garages and homes that
have been built within the required setbacks in the neighborhood. In some cases,t~~s~
s~5~esh~v~?~en.s()nstructed all the way up to their respective property lines (gJgiil:1it
7;J\:~\:ip1Y;i2mri~J!Yf~R). Over the past 10 years there have been 3 approved variances in
the area. Only one ofthe variances was for a variance to side and rear setbacks in the
immediate vicinity. In the variance, the one foot side yard variance was approved and the
one foot rear yard variance was denied on April 23'd, 1998 resulting in a 4 foot side yard
setback and the required 5 foot rear yard setback. In 1998 required setbacks for a
detached garage were 5 feet. The code was changed in 2003 which increased the
setbacks for accessory structures in an R-2 zone district from 5 to 10 feet.
III. VARIANCE CRITERIA
In order to authorize an administrative variance, the Director must determine that the
majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have
been met. The applicant has provided their analysis of the applications compliance with
the variance criteria tI:tJtfiil?fft~~. Staff provides the following review and analysis ofthe
variance criteria.
Request A, 5 foot side yard setback variance
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 would continue to yield a reasonable
return. The property currently has a single family home and a storage shed on it
and they may remain in this marmer regardless of outcome of the variance
request. If denied, the applicant could still construct a detached garage on the lot
but it would have to meet the 10 foot side yard setback. Staff finds this criterion
has not been met.
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 several homes in the area have accessory structures such
as garages and sheds in the rear yard that are within five feet of their property
Board of Adjustment
WA-07-16/James
3
lines I:tldiiblts7; A~riiillj1i9t0. Site visits confirm this. Staff finds this criterion
has been met.
3. The applicant is proposing a substantial investment in 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
applicant was not asking for a side yard variance they physically still would be
able to construct a detached garage on the lot. The applicant has suggested
without the side yard variance the northern portion of the garage would be useless
as it would be very difficult to clear the home with a vehicle. Staff finds that this
criterion has been met.
4. The particular physical surrounding, shape or topographical condition of the
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 or topography that render any
portion of the property in question unbuildable. The property is rectangular in
shape and is relatively flat. However, the location of the existing home and shed
provides only limited amount of space to install a driveway into a detached garage
in the rear of the property. The north side of the home does not have adequate
room for a driveway. Locating a driveway on the south side is the better option
and to provide a reasonably straight ingress and egress into that garage, it is
helpful to align the garage with the driveway, which creates the need for the 5
foot side yard setback variance. Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
The hardship described above relates to the location of the existing structure,
which was built prior to the current owner having an interest in the property and
prior to the City establishing zoning setback requirements for the property. Staff
fmds this criterion has been met.
6. The granting of the 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.
Board of Adjustment
WA-07-16/James
4
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 of this 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 a negative effect on property values in the
neighborhood. The garage would not cause an obstruction to motorists on the
adjacent street and would not impede the sight distance triangle. Staff finds this
criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The unique circumstances described in criterion 4 relate to the fact that the house
was built prior to the fact that this structure and the majority of other structures in
the neighborhood were built prior to the adoption of zoning for the property.
Those circumstances are not unique to the property. Staff finds this criterion has
been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single family homes and their accessory structures are not required to meet
building codes pertaining to the accommodation of persons with disabilities. Staff
finds this criterion is not applicable.
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. Staff finds this criterion is not applicable.
Request B, 5 foot rear yard setback variance
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 would continue to yield a reasonable
return. The property currently has a single family home and a storage shed on it
and they may remain in this marmer regardless of outcome of the variance
request. If denied, the applicant could still construct a detached garage on the lot
but it would have to meet the 10 foot rear yard setback. Staff finds this criterion
has not been met.
Board of Adjustment
VVi\-07-16/James
5
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 several homes in the area have accessory structures such
as garages and sheds in the rear yard that are within five feet of their property
lines E. iiliij)Hs~}\~fihfl'h6id. Site visits confirm this. Additionally, 4380 Reed
., "C"',,'," ..,........ __M""_._"..'''' __;'".~"_,_c", -',._, ,-."'. ,'_ "._,. .. ......
Street has a detached garage in the rear yard with nearly identical placement and
setbacks as the applicant's proposed garage. The applicant has a shed located in
the rear yard that is 5 feet from the rear yard property line. Staff finds this
criterion has been met.
3. The applicant is proposing a substantial investment in 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
applicant was not asking for a rear yard variance they physically still would be
able to construct a detached garage on the lot. Without the rear yard variance the
northern portion of the garage could be accessed but would be very difficult to
clear the rear of the home, especially with a large vehicle Staff finds that this
criterion has been met.
4. The particular physical surrounding, shape or topographical condition of the
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 or topography that render any
portion ofthe property in question unbuildable. The property is rectangular in
shape and is relatively flat. However, the location of the existing home and shed
provides only limited amount of space to install a driveway into a detached garage
in the rear ofthe property. The north side of the home does not have adequate
room for a driveway. Locating a driveway on the south side is the better option
and to provide a reasonably straight ingress and egress into that garage, it is
helpful to align the garage with the driveway, which creates the need for the 5
foot rear yard setback variance. Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
The hardship described above relates to the location of the existing structure,
which was built prior to the current owner having an interest in the property and
prior to the City establishing zoning setback requirements for the property. Staff
finds this criterion has been met.
6. The granting of the 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
Board of Adjustment
WA-07-16/James
6
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.
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 of this 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 a negative effect on property values in the
neighborhood. The garage would not cause an obstruction to motorists on the
adjacent street and would not impede the sight distance triangle. Staff finds this
criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The unique circumstances described in criterion 4 relate to the fact that the house
was built prior to the fact that this structure and the majority of other structures in
the neighborhood were built prior to the adoption of zoning for the property.
Those circumstances are not unique to the property. Staff finds this criterion has
been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single family homes and their accessory structures are not required to meet
building codes pertaining to the accommodation of persons with disabilities. Staff
finds this criterion is not applicable.
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. Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Request A
Having found the application in compliance with the majority of the applicable review
criteria, staff recommends approval of the 5 foot side yard variance request. Staff has
found that there are unique circumstances attributed to this request that would warrant
Board of Adjustment
WA-07-16/James
7
approval of a variance. Therefore, staff recommends APPROVAL for the following
reasons:
1. The side setback variance would provide the applicant with direct access to
the garage providing ease in the entering and exiting of the garage.
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.
5. A letter of support with neighbor's signatures has been submitted with the
application.
With the following condition:
1. The design and architecture ofthe proposed garage be similar in character
to the existing house, subject to staff review and approval through review
of a building permit.
Request B
Having found the application in compliance with the majority of the applicable review
criteria, staff recommends approval of the 5 foot rear yard 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. The side setback variance would provide the applicant with direct access
to the garage providing ease in the entering and exiting of the garage.
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.
5. A letter of support with neighbor's signatures has been submitted with the
application.
With the following condition:
1. The design and architecture of the proposed garage be similar in character
to the existing house, subject to staff review and approval through review
of a building permit.
Board of Adjustment
WA-07-16/James
8
~ootLEm' Di_,
)(APproved with Conditions
I 0 /;-. <;"' /"Lu(J 7
Date
Board of Adjustment
WA-07-16/James
9
11/1612006
City of Wheatridge
7500 West 29th AVe.
Wheatridge, CO 80033
To whom it may concern:
On 0' about Jan. 26~, 2005 I, Russ James applied with the City of Wheat Ridge fo, a
permit to build a garage on my property as indicated on site plan submjtted and approved
for construction. After further considerations it has become apparent that an application
for a variance is needed in order to move the garage to lhe south at the rear of the lot to a
setback of five feet. This is a practical consideration given the configuration of lhe hOlL'>C
on the lot and would give the needed space to move in and out of the garage in a
reasonable manner.
The following neighbors have viewed the original submitted plan approved by the City of
Wheat Ridge with a setback of 10 feet on the south side ofthc garage and indicated either
their approval or disapproval of the structure I wish to build with a new setback of5 feel
on the south side of garage on my properly at:
4350 Reed St.
,
WheatTidge, CO 80033
Name (Please Print)
Date
Address
......_.. .. - -".-''---
Disapprtwe
(checkmllrk)
Sincerely,
Rusty A James
4350 Reed St.
Wheat Ridge, CO 80033
EXHIBIT 1
Board of Adjustment
VVi\-07-16/James
10
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DATE 08/02/2007 1"'1"",12.5..00
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07-871
LAND SURVEYING
5460 WARP ROAD . SU~TE 160
ARVADA. COLORADO e0002
(3(>3) 420-4788
IMPHOVEMcN, LOCATION CCRT1FICATE
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ILOT 4,
MAUREEN SUBDIVISION,
COUNTY o!" ,JEF~'~mSON,
STATE OF COLORADO
L
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Note::
An Improvement Survey Plat is- Recommended.
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On the basis of mYR~'1~WIJ~s Information and belief, , here rttfYmat"ihi"S improvement location certificate was prepared for
. that it is 'h~t a: Land Survey Plat
or improvement Survey Plat, and that it Is no be relied upon for establishment 0 €I, bul1~lng, or other future
improvement Hnes. I further certify that t improvoments on above doscribod parcol on . data, except utility
connections, are entirely withIn the bound jes of the parcel, aept as shown, tllat there are no c chments upon the
described premises by improvements on a y adjoining premise . except as indicated, and that th is no ap rent evidence or
sign of any easement crossing or burdenlg any pal1 of said reel,' except ~~."mn'11~.)i.":1
"NonCE: According ta Colorado law you In t commence any I lli' action MSj!:1NJ ,\aftJE "j -mis sunray within th
first dlsr:aver such deftXt In ':,0 event, may any 8, . n based uporl tin defect in t~~ '. ~ ",.' cc. mort;J tha.n ten years
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Board of Adjustment
WA-07-16/James
11
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EXHIBIT 3
Board of Adjustment
WA-07-16/James
12
EXHIBIT 4
Board of Adjustment
WA-07-16/James
13
EXHIBIT 5
Board of Adjustment
WA-07-16/James
14
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EXHIBIT 6
Board of Adjustment
WA-07-16/James
15
Homes in the vicinity of the variance request which have structures within 5 feet of the property line.
EXHIBIT 7
Board of Adjustment
WA-07-16/James
16
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.
I, Russ James, owner of property located at 4350 Reed Street have made considerable evaluations for the best suited
location of the proposed garage. To build the garage within the current limitations in regards to set back requirements
would not allow proper access in and out of the structure as there would only be approx. 20' to house from the front of the
garage. Moving the structure to the East 5' and to the South 5' would allow a much better approach in and out of the
garage. It has also been suggested by an appraiser that re-sale and value would be diminished if the garage where built in
accordance with the current limitations.
b. The variance would not alter the essential character of the locality.
The garage will be visible from the street and it is my opinion that the appearance would actually improve by not having
the garage positioned so close to the house.
c. The applicant is proposing a substantial investment in the property with this application, which would not be possible
without the variance.
As I have suggested, the garage could be built without a variance, but the value of it and it's use would be substantially
diminished.
d. The particular physical surrounding, sl,ape or topographical condition of the 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.
QC
Eo-
~
~
~
I believe that this is true given the fact that access on one side of the garage would be impractical and virtually useless for
any vehicle. There would be a considerable shuffling of vehicles just to use one side as there is little room to move in, out
and around with the garage so close to the house.
e. The alleged difficulty or hardship has not been created by any person presently having an interest in the property.
Only myself at this time as I am the owner and the future user of its contents.
f. The granting of the 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 ligllt
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.
All of the above suggestions are true. The variance would not be a detriment or hazard in any way. My neighbors are in
line with this thinking.
g. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are
not unique to the property.
It is obvious that through out the conununity, not just in my specific neighborhood that garages have been built in a similar
way and 5' from the property line.
h. Granting of the variance would result in a reasonable accommodation of a person with disabilities.
I suppose one could present this as acconunodating to a person with disabilities. !, Russ James, have no physical
disabilities.
LThe application is in substantial compliance with the applicable standards setforth in tl,eArchitectural and Site
Design ManuaL
I believe so!
Board of Adjustment
W A-07 -16/James
17
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
The City of
Wheat Ridge
September 21, 2007
This is to inform you of Case No. W A-07-l6, a request for approval of S foot side yard
and rear yard setback variances from the 10 foot side yard and rear yard setback
requirement on property zoned Residential-Two (R-2) and located at 43S0 Reed Street.
The applicant is requesting an administrative variance review which allows no more than
a fifty percent (SO%) 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 303-23S-2846 or if you
would like to submit comments concerning this request, please do so in writing by S :00
p.m. on October 1,2007.
Thank you.
e:\planning\forms\zapubnot.wpd
fJJIJ~()7 ~ (~ / <0 Cb~ug
TAVARES STEPHANIE R
TAVARES GREGORY K
4360 REED ST
WHEAT RlDGE CO 80033
39-234-01-014
JAMES RUSTY A
4350 REED ST
WHEAT RlDGE CO 800
39-234-01-013
DRAGT KELLI A
DRAGT ALBERT G
DRAGT ROSE LA YON
4340 REED ST
WHEAT RlDGE CO 80033
39-234-01-012
HEATH WENDY C
4375 QUAY ST
WHEAT RlDGE CO 80033
39-234-01-003
39-234-01-004
FULLERTON GENICE A
4365 QUAY ST
WHEAT RlDGE CO 80033
KM HOLDINGS LLC n A 1<,VV"J4-01-005
4355 QUAY ST \.^ ,f\-[JJYv
WHEAT RIDGE CO 80033 V V.
CROCKER MORRIS DALE
CROCKER SUE LYNN
4345 REED ST
WHEAT RIDGE CO 80033
39-234-02-006
LEVSTIK TRACY D
4365 REED ST
WHEAT RIDGE CO 80033
39-234-02-024
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7006 3450 0002 4529 4443
7006 3450 0002 4529 4436
7006 3450 0002 4529 4429
7006 3450 0002 4529 4412
7006 3450 0002 4529 4405
7006 3450 0002 4529 4399
7006 3450 0002 4529 4382
7006 3450 0002 4529 4375
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
DEPARTMENT OF
PLANNING AND DEVELOPMENT
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---- PARCEULOTBOUNDARY
(DESIGINATES OWNERSHIP)
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* DENOTES MULTIPLE ADDRESSES
~ 100-YEAR FLOOD PLAIN
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POSTING CERTIFICATION
CASE NO. WA-07-16/James
DEADLINE FOR WRITTEN COMMENTS:
~-$'~4 ,\~>;
residing at L/ 3-::.----0 ~4z_4!;_fln b/.
(address)
't :1.,""5
as the applicant for Case No. WA. 07. t , hereby certifY that I have posted the sign for
Public Notice at 4351)?~ . tJ~1 'jJ~e, Co, 9-0033
(I 0 cat ion) /
October L 2007
~I fJ,~~i Co . ~0033
215i-
on this _ day of
~tp
, 20!!L, 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
Signa
the map below.
NOTE: This form must be submitted to the Community Development D
and will be placed in the applicant's case file.
MAP
07105 ~oo 0100S I '''''' 00000 I ~" ~"
.,,"
07020 01010 0.1395 OO~ OO~ ~oo ~oo
~oo
07110 07100
oo~, ~385 ,
oo,~ I 04372 04315
OO~ Gl375 I
J Cl'I370
07115 WOTS OO~ [::]
oo~o 04355
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43RD 0
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07120 .00' oo~, 04325
oo~, 00"0 0<1320 04255
04310 00"' o.mo oom
070450704507035 07025 01015 .,"'
00"' 1)1325 "00 04215
43RO
04290 04191 04190 .,M
07Cl56.07C1<10 .000 07010 "'. 04280
Zoning:
~3S6
~- z.
/0. I % sq. ft.
t
Residential Worksheet
(lf151'
.
Address:
Property in the flood plain?
~
75
ft.
Lot Size:
Lot Width:
Maximum Lot Coverage:
iO
%
to 71
sq. ft.
Proposed Lot Coverage: (Total)
~71-.
t-3
sq. ft.
sq. ft.
sq. ft.
sq. ft.
Existing Improvement(s):
House: !f) '1;.. zS- sq. ft.
t "
Shed: 11 3.' '1. sq. ft.
Detached Garage:
Other: sq. ft.
sq. ft.
Proposed Improvements:
House:
Addition to House:
Shed:
Detached Garage:
%
~2f9
sq. ft.
Provided Setbacks: FR
7D S S
;'f.J S 5
.
S
10
R
10
5"
Required Setbacks: FR
S
tAS-R
Proposed Height:
If) ft.
Iz t' G 1'1'
ft.
Maximum Size:
(0tY0
C72..
sq. ft.
Maximum Height:
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 cuts shall 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 'permitted.
Landscaoinll 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 ofC.O.
Street trees required:
Street trees provided:
LAND USE CASE PROCESSING APPLICATION
Comn;lUnity Development Department
7500 West 29tb Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(please print or type aU infonnation)
~~Q Sf,
Zip &"'130 ':3 '3
Address 4.350
State c.e .
Phone3 .'1:M5S""18'
Fax 5 .1~. .5:511
Address
State
-
Zip
Phone -
Fax _.
1'~.s
Address -
Phone~
Location of reqnest (address):
Type of action reqnested (check one or more of the actions listed below which pertain to your request):
ApplicoJion' 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 []J:.emporary Use, Building, Sign .
o Site Development Plan approval ,wv arianceIW aiver (from Section )
o Other:
Detailed d!Scription of rt;quest: 1 ::.,).. \h ~.~.s
fL "'!J..IA' tl-. r; ( i' '.JL a.'~
'l~
.:.-Ll
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 submitted are true and~ct to the best of my knowledge
and that in filing this application, I am act" g with the knowledge an -<Xl'nsent of those persons listed above,
without whose consent the requested ac on carmot lawfully be omplished. Applicants other than owners
must submit power-of-attorn m wner which ap ed of this action on his behalf.
To be filled out by staff:
Date ,eceived r/l7!(J 7
Comp Plan Desig.
Related Case No.
-t,/ .f1. ~ ----
and sworn to me this alL- '-day of ....i.h'l.- ~ , 20 /15
kOMA-I- Jedr -
Notary Public
. My commission expires 10 - W ~ 0 '7
Signature of Applican
Case No. C/l/A-- {j7-(j
Quarte, Section Map };"&-..z
Case Manager 7, 'e J?<..
11/16/2006
City of Wheatridge
7S00 West 29th Ave.
Wheatridge, CO 80033
To whom it may concern:
On or about Jan. 26'h, 200S I, Russ James applied with the City of Wheat Ridge for a
permit to build a garage on my property as indicated on site plan submitted and approved
for construction. After further considerations it has become apparent that an application
for a variance is needed in order to move the garage to the south at the rear of the lot to a
setback of five feet. This is a practical consideration given the configuration of the house
on the lot and would give the needed space to move in and out of the garage in a
reasonable marmer.
The following neighbors have viewed the original submitted plan approved by the City of
Wheat Ridge with a setback of 10 feet on the south side of the garage and indicated either
their approval or disapproval of the structure I wish to build with a new setback of S feet
on the south side of garage on my property at:
43S0 Reed St.
Wheatridge, CO 80033
~
Name (please Print)
AL .hCIlT dlffM'
YD
Disapprove
(check ..ark)
Sincerely,
Rusty A James
43S0 Reed St.
Wheat Ridge, CO 80033
Criteria for review: The community development director, board of adjustment,
plarming commission or city council shall base its decision in consideration of the
extent to which the applicant demonstrates a majority of the following criteria
have been met:
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.
b. The variance would not alter the essential character of the locality.
c. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
d. The particular physical surrounding, shape or topographical condition of the
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.
e. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
f. The granting of the 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.
g. The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
h. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
1. The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
00
The Home Depot # 1502
, 5215 WADSWORTH BLVD, ARVADA, CO 80002 I
(303) 456-4000 (
~~~~~3Mk~2007 13J5D f;J 2:)
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The Home Depot # 1502
5215 WADSWORTH BLVD, ARVADA, CO 80002
(303) 456-4000
Tr,U Sep 13 16:25:262007
RUSTY JAMES
GARAGE
309200
Front Side
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The Home Depot # 1502
5215 WADSWORTH BLVD, ARVADA, CO 80002
(303) 456-4000
Tr.u Sep 13 16:25:262007
RUSTY JAMES
GARAGE
309200
Back Side
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The Home Depot # 1502
5215 WADSWORTH BLVD, ARVADA, CO 80002
(303) 456-4000
n,u Sep 13 16:25:262007
RUSTY JAMES
GARAGE
309200
Right Side
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The Home Depot # 1502
5215 WADSWORTH BLVD, ARVADA, CO 80002
(303) 456-4000
Tflu Sep 13 16:25:26 2007
RUSTY JAMES
GARAGE
309200
Left Side
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-,-.------ ..-- 24'
The Home Depot # 1502
5215 WADSWORTH BLVD, ARVADA, CO 80002
(303) 456-4000
Tnu Sep 13 16:25:26 2007
RUSTY JAMES
GARAGE
309200
The materials in this garage will cost $3580.06
This Price does not include any Special Order Items.
Drawing: 3-Dimensional View
~. .
/J~ n..r d.. I RECEPTlIlll NO. F1898501
; ~1 / 11/03/2003 11:01:33 PG: 001-004
. - PG FEE: 21.00 STATE DOC.FEE: 0.00
;,"""'oc~"""~~~~;;:"., '" """~,om '"""". ,",eO"""
lP THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL.
'fills Is A LEGAL INSTRUMI!NT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNum.
~!P
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THIS DEED OF TRUST IS MADE THIS
Rusty A. James
DEED OF TRUST
(Due on Transfer - Strict)
! / 11
day of
bel ween
(Borrower), whose address is 4350 Reed Street,
; and the Public Trustee of Ute County in which the Property
D. Smith and Ramie Marie Smith
. as Joint Tennancy
COWRADO 80004
Wheatridge, Colorado 80033
(see paragraph I) is situated (Trustee); for lhe benefit of Terry
. (Lender).
whose address is 6665 YOUNGFIELD CIRCLE. ARVADA.
Borrower and Lender covenant and agree as fQllows:
1. Property in TrusL Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby
gr.mts and convc:ys to Trustee in trust, with power of sale, the following described property located in the County of
Jefferson ,SlaleofColorado:
Lot 4, Maureen Subdivision,
County of Jefferson, State of Colorado.
which ha... tile uddress of 4350 Reed Street, Wheatridge, Colorado 80033
(Property Address), together with all its appurtenances (Properly).
2. Note; Other ObligatiolL" Sec:un.-d. This D~ of Trust is given to secure to Lender:
A. the repaymenL of Lhe indebtedness evidenced by Borrower's note (Note) dated , in the
principal sum of$34 , 000 _00 U.S. Dollars, with interest on the unpaid principal balance from
, until paid, al lhe rate of 7.000 percent per annum, with principal and interest payable at
or such other place as the Lender may designate, in 60 paymenls of THREE HUNDRED SIX AND NO/100--------
-n-nnnnn-_nn_nnn___n_n_nn__nn___un_nDOLLARS (U.S. $ 306.00. )
due on the 1st day of each MONTH beginning December 1, 2003 ; such payments
to continue untilLhe entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal
Hmount outstanding and accrued interesl thereon, shall be due and payable on 11/01/0B
mld Borrower is to pay to Lender a late charge of 15.000 %ofany payment not received by the Lender within 5
days after payment is due; and Borrower has the right to prepay the principal amount outstanding wtder said Note, in whole or
in part, at-IllY time without penally except NONE
B. the paymenlof all ather sums, with inLerest thereon at .000 % per annum, disbursed by Lender in accordance with
this Deed of Trust to proteclthe security of this Deed of Trust; and
C. the performance of the covenants and agreements of Borrower herein contained.
3. 'litle. Borrower covenants that Borrower owns and has the right La grant and convey the Propeny, and warrants title
to lhe same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded
declarations, re..'\triclions, reservations and covenants, if any, as of this date,
4. Payment of J)rincipal Hnd Interest. Borrower shall promptly pay when due lhe principal of and interest on the
indebtedness evidenced by lhe Note, and late charges as provided in Lhe Note and shall perfonn all of Borrower's other
CQvemmts conlailled in the Note,
5. ApplicutiClnofPayments, All payments received by Lender under the terms hereof shall be applied by Lender first in
paymenl of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then La amounls disbursed by
Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with. the tenns and
conditions of the Note.
6. Prior Mortgages: and D~ds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations tmder any
prior deed of trust and any olher prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions
llltributable to the Properly which may have or attain a priority over this Deed of Trust, and leasehold payments or ground renlS,
if any, in lhe manner sel out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such
manner, by Borrower making payment when due, direclly to the payee thereof. Despite the foregoing, Borrower shall DOl be
required to make payments otherwise required by this paragraph if Borrower, afler notice lo Lender, shall in good faith contest
such obHgalion by, or defend enforcement of such obligation in, legal proceedings which operate to prevenl lhe enforcement of
- the obligation or forfeiture of the ProperLy or any part thereof, only upon Borrower malting all such contested payments and
other payments as ordered by the court lO the registl)' of Ihe court in which such proceedings are filed.
No.TDn.1.96. DE!;00FTRUsr(Du~onTIWl5fer-s#~'IlILE Pog~lo!4 .llliA
!'ilell NR287S2C03 ~AMERI~ \ V'\ r\/i.-JC>""::J (l!"l 7 .V'lll-ll
SKLD NA 10_102_0.106 JF 1898501-2003.001 I
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7. Property hL~urance. Borrower shall keep the improvement" now existing or hereafter erected on the Properly insured
against los$ hy fire or hazards included within the term -extended coverage" in an amount at least equal to the lesser of (I) ~he
insurable value of the Property or (2) an amount sufficient lo pay the sums secured by this Deed of Trust as well as any pnor
encwnlmtnce.~ on the Property. All of lhe foregoing shall be known as -Property Insurance-.
The insumnce camer providing the insunmce shall be qualified to write Property Insurance in Colorado and shall be chosen
by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals
tbereof sball include a standard mortgage clause in favor of Lender, and shaH provide that the insurance carrier shall notify
Ltnder at ]e:u;t ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be
{umisned to Lender at or before closing. Lender shall have the right to hold the policies and renewdls thereof. V1 ,
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss r
if not made promptly by Borrower.
lnsurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not
economically fea.~ible or if the security of this Deed of Trust would be impaired, lbe msurance proceeds shall be appJied to the sums
secured by this Det:d of Trost, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower
fails to respond to Lender within 30 days from l:;'e date nolice is given in accordance with paragraph 16 (Notice) by Lender to
Horrower that the insurance carrier offers to settle a claim for insurance benefits, lender is authorized to collect and apply the
insurance proceeds, at Lender's option, either to restor'dtion or repair of the Property or to the sums secured by this Deed ofTmst.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest) and 23 (escrow Funds for Taxes and Insurance) or change tbe amoWlt of such
installments. Notwithstandin.!,: anything herein to tbe contrary. if under paragrapb IS (Acceleration; Foreclosure; Other
Remedies) the property i& acqUired by Lender, all right. title ,md mterest of Borrower in and to any insurance policies and in and
to the proceeds thereof resulting from damage to the Property prior to Ibe sale or acquisition shall pass to Lender to the extent of
Ule ~lJrns secun:.d by tbis Deed of Trust immediately prior to such sale or acquisition.
All of the rights of Borrower and under hereunder witb respect to insurance carriers, insurance policies and insurance
proceeds an: subject 10 the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and
proceed~.
8. PrescrvHtion and Ma1ntenllnce orPropcrty. Borrower shall keep tbe Property in good repair and shall not t:ommit
Wa:lte or permit impairment or deterioration of the Property :Uld shall comply with tbe provisions of any ]t:m;e if this Deed of
Tnl~t is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, t:ovenants, by-laws, rules,
or other documents governing the use. ownen:hip or occupancy of the Property.
9. Prot<<cillnorLender'sSccurity. Except when Borrower has exercised Borrower's rights under paragraph 6 above. if the
Borrower fails to perform tht: covenants and agreements conlained in Uns Deed of Trust, or if a default occurs in a prior lien or if
any action or proceeding is t:olfilnt:nced which malerially affects Lender's interest in the Property, then lendt:r, at lender's option,
with notice to Borrower if required by law, may make such appearances, disburse such sums and take sucb aclion as is necessary to
protect Lender's interest, including, but not limiled to: (a) any general or special taxes or ditch or water assessments levied
or accruing against said property; (b) the premiums on any in:>urance necessary to protect any improvements comprising a part of
sucb properly; (c) sums due on any prior lien or encumbrance on such property; (d) if the property is a leasehold or is subject
to a kase. all sums due under suclt lease; (e) tlte reasonable costs and expenses of defending, protecting, and maintaining such
property and lender's interest in such property, including repair and mamtenance costs and expenses, costs and expenses of
protecting and securing the property, receiver's fees and expenses, inspection fees, appraisal fees, court costs attorney fees,
and fees and costs of an attorney in the employment of the Lender, (f) all otber costs and expenses allowable by the evidence of
debt or this deed of trust, and (g) such other costs and expenses whkh may be authorized by a court of competent jurisdiction.
Borrower hereby assigns to Lender any right Borrower may bave by reason of any prior encumbrance on the Property or by law Or
otherwise 10 cun: any default under said prior encumbrance.
Any amounts dIsbursed by lender pursuant 10 tbis paragraph 9, with interest thereon, shall become additional indebtedness of
Borrower securt:d by this Deed of Trust. SUch amounts shall be payable upon notice from lender to Borrower requesting payment
thereof, and lender may bring suit to collect any arnoWlts so disbursed plus interest specified in paragraph ZB (Note; Other
Obligations Secured). Nothing contained in this paf'.tgr'oiph 9 shall require Lender to incur any expense or take any action hereunder.
10, 1n.'lpecliull. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that
Lender shall give Borrower nolice prior to any such inspection specifying reasonable cause therefor related 10 Lender's interest
in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or olher taking of the Property, or part thereof, or for conveyance in lieu of condenmation, are hereby assigned
and shall be paid to lender as herein provided. However. aU of the righls of Borrower and Lender hereunder with respect to
l>1!ch proceed~ are subject to the rights of any holder of a prior deed of tru.~L
In the event of a total taking of tht: Property, the proceeds shall be applied to the sums secured by this Deed of Trust, wilh
tbe excess, if ~Uly, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any
part of the award due and prior lien holder (net award) shall he divided between Lender and Borrower, in the same ratio as the
amount of the sums secured by this Deed of Trust immediately prior 10 the dale of taking bears to Borrower's equity in the
Propel1Y immediately prior to the date of lakin!J. Borrower's equity in the Property means the fair market value of tht: Property
It:ss the amount of swm secured by both this Deed of Trust and all prior liens (except taxes) thai are to receive any of the award,
all al the value immediately prior to the date of tuking.
If the Property is abandoned hy Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
lIward or seuh~ a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given,
Lender is authorized 10 collect and apply the proceeds. at Lender's option, either to restoration or repair of the Property or 10 the
sums secured by !his Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in pard-
,glUllhs 4 (Payment of Principal and lnterest) and 23 (Escrow Punds for Taxes and Insurance) nOT change the amount of such installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
Deed of Trust granted by lender to any successor in interest of Borrower shalt not operate to release, in any manner, the
liability of lhe original Borrower, nor Borrower's successors in interest, from the original term:; of this Deed of Trust. Lender
shalt nol be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
runortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's
sUCCC$sors in intert:.~t.
13. Forhcllnmce by Lender Nut a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
otherwise afforded by law, shall not he a waiver or preclude the exercise of any such right or remedy.
14. Remedic.'l Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all
other rights or remedies under the Note and this Deed of Trust or afforded by law or equity. and may be exercised concurrently,
independently or successively.
15. Succes.'lors and As.<;jglL~ Btlund; Joint and Sev~ral Liability; Captions. The covenants and agreements herein contained
$hall bind. and the rights hereunder shall inure to, the respective successors and assigns of lender and Borrower,
subject to the provisions of paragral?h 24 (Trdnsfer of Ihe Property; Assumption). All covenants and agreements of Borrower
shall be joint and several. The capUons and headings of the paragraphs in this Deed of Trust are for convenience only and are
note to be used to inLelpret or ddine the provisions hereof.
16. Nolice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in
this Deed of Trust shall be in writing and shall be siven and be effective upon (I) delivery to Borrower or (2) mailing such
notice by first-class U.S. mail. addressed to Borrower at Borrower's address stated herein or at snch other address as Borrower
may designate by notice to Lender as provided herein, and (b) any notice to Lender sball be in writing and shall be given and be
effective upon (I) delivery to Lender or (2) mailing such notice by first-class U.S. mail, 10 Lender's address stated hert:in or to
such other address as Lender may designate by notice to Borrower as provided herein. Anf notice provided for in this Deed of
Trust shall be deemed to have been given to Borrower or lender when given m any manner designated herein.
17. Governing Law; Severubility. The Note and this Deed of Trust shall be governed by the law of Colorado. In the evenl
that any provision or clause of Ihis Deed of Trust or the Note conflicts with the law, such conflict shall not affect other
provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this. end the
s~~:::ffi::l:~~":.d~':~ID~:'mb~';~d~50 1-2003 _!o~ oc=,
18. Acceleratioll; ForecloslJre; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property;
Assumption), upon Borrower's breach of any covenant or agreement of Borrower in Ihis Deed of Trust. or upon any dcfa'!lt in a
prior lien upon tbe Property, (unless Borrower bas exercised Borrower's rights under paragraph 6 above). at Lender's option, all
of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option. lender
may invoke the power of sale and any other remedies Rennitted by law. Lender shlill be entitled to collect all reasonable costs
and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but nol limited to, reasonable
altomey'sfees.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such
notice to Borrower of Borrower's rights as is provided by law. Trustee shall record <i copy of such notice llS required by law.)
Trustee shall advenise the time und place of the sale of the Property. for not less than four weeks in a newspaper of general
circulation in ~ch county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other
persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower.
I\hull sell tile Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any
part thereof as penrutted by law) in one or more purcds llS Trustee may think best and in such order as Trustee may determine.
Lender or Lender's designee may purcbase tbe Property at any sale. It shall not be obligatory upon the purchase at any such
sale to see to the application oflhe purchase money.
Trustee shall upply the proceeds of the sale in the followin~ order: (a) to all reasonable costs and expenses of lhe sale,
including. but not limited to, reasonable Trustee's and attorney s fees and costs of title evidence; (b) to all secured by this
Olxd of Trost; and (c) the excess, if any to the person or peISons legally entitled thereto.
19. Borrower's Right to One DcfaulL Whenever foreclosure is commenced for nonpayment of any sums due hereunder,
Ule owners of the Property or parties liable bereon sball be entitled to cure said defaults by paying all delinquent principal and
interest payments due as of the daLe of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner
provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect
as though no AcceleratIOn had occurred. and the foreclosure proceedings shalt be discontinued.
20, Assignment of RenL'ij Appointment of Receiver; Lender in Possession. As additional securily hereunder, Borrower
hereby assigns to Lender the rents of the Property; however, Borrower shall. prior to Acceleration under paragraph 18
(Acceleration; Fon::closure; Other Remedies) or abandonment of the Property, have, the right to collect and retain sucb rents llS
they become due Ulld payable.
Lender or tbe holder of the Trustee's certificate of purchase shall he entitled to a receiver for the Property after Accelemtion
under paragruph 18 (Accekration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by
foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to
the solvency or insolvency of Borrower or of the tben owner of the Property, and without regard to the value thereof. Such
receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice. nOlice being
hereby expressly waived.
Upon Accelemtion under 'Paragraph 18 (Acceler....tion; Foreclosure; Other Remedies) or abandonment of the Property, Lender,
in person, hy agent or by Judicially.appointed receiver, shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be
applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior
liens, and then to the sums secured hy this Deed of Trust. Lender and the receiver shall be liable to account only for those rents
uctuullyreceived.
21. Release. Upon payment of all sums secured hy Ihis Deed of Trust. Lender shall cause Trustee to release this Deed of
Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's
fees. If Lender shall 1I0t produce the Note as aforesaid, then Lender. upon notice in accordance with paragraph 16 (Notice) from
Borrower (0 Lender, shaB obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost
thereof to effect the releu....e of this Deed of Trust.
22, Wahler of Exemption.... Borrower hereby waives all riBht of homestead and any other exemption in the Property under
stale or federdl law pn::st:1ltly existing or hereafter enllCted.
2..1. EscrowFuuwrorTaxesandlll...urance. This paragraph 23 is not applicable if Funds as defined below are being paid
pursuant 10 a prior encumbrance. Subj~ct to upp'!icahle law, Borrower shall pay to Lender. on each day installments of principal
and interest are payable under the Note, unltl the Note is paid in full, a sum (herein referred to as "Funds") equal to
the yearly taxes and assessments which may attain priority over !his Deed of Trost, plus of
yearly premium installments for Property Insurance, all as reasonably estimated initially and from time to time by Lender on the
ba.~is of assessmellL~ and bills and reasonable estimates thereof, taking into account any excess Funds not used or shortages.
The principal of the Punds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and
deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lendu sball
apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the
Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay
Borrower any inlerel\t or earnings on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the
Funds Showing credits and dehits to the Funds and the purpose for which eacb debit to the Funds was made. The Funds are
pledged a~ additional recurity for the sums secured by this Deed of Trust.
If the amount of lhe Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall
due, Borrower shaH pay to Lender any amount necessary to malee up the deficiency within 30 days from the date notice if given
in accordance with paragraph 16 (Notice) by Lender to Borrower re9uesting payment thereof. Provided bowever, if the loan
secured by this deed of trusl is subject to RESPA or other laws regulatmg Escrow Accounts, such defidency, surplus on any other
required adjustmenl shaIl be paid, credited or adjusted in compliance with such applicable laws.
Upon payment in fuIl of all sums secured by this Deed of Trust, Lender shall simUltaneously refund to Borrower and Punds
hdd by Lender. If under pamgraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is
otherWIse acquired hy Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquiSition
oy Lender, whichever occurs firsl, any Funds held by Lender at the time of application as a credit against the sums secured by
this Deed of Tru...t.
24, Transrer of tile Property; As...umption. The folJowiuB evenl.;- shall be referred to herein as a ~Transfer~: (i) a transfer
or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest thc:rein). (ii) the
execution of a contmct or agreement creating a right to litle (or any portion thereof. legal or equitable) in lhe Property (or any
parI thereof or intt::rest tberein), (in) or an agreement granting a possessory right in the Property (or any portion thereof). in
excess of three (3) years, (iv) a sale or transfer of, or tbe execution of a c'ontract or agreement creating a right to acquire or
recdve, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficia} interest in the
UOITower, (v) the reorganization, liquidation or the dissolution of the Borrower. Not to be included as a Transfer are (I) the
creation of a lien or encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for
household appliances, or (Hi) 11 tmosfer by devise, descent or by operation of the law upon the death of a joint tenant. At the
election of Leader, in the event of each and every Transfer:
(a) All sUm~ secured by this Deed of Trust shall become immediately due and payable (Acceleration).
(b) If a Transfer occurs and sbould Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate,
Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust inCluding all sums
,~ecured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This
covenant shall run witb the Property and remain in full force and effect until said sums are paid in full. The Lender may without
notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the
payment or credit 10 Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or
discharging the Borrower's liability hereunder for the obligations hereby secured.
(c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of a
lapse of lime or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive
nOlice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped
therefrom by virlue thereof. The issuance on hehalf of the Lender of a routine statement showing the status of the loan, whether
or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights.
15. Borrower's Copy. Borrower ack.nowtedBes receipt of a copy of the Note _and this Deed of Trust.
l'ile# NR28782C03
t~-
1898501-2003_003
r.803or4
oeoo'"
SKLD NA 10_102.0.106 JF
EXECU1ED BY BORROWER:
STATE OF ~vDwlb
COUNTY OF ~1SL- ss:
The foregoing instrument was acknowledged before me this
~~.J~
WITNESS my hand and official seaL
My corrunission expires: D L1 ~I 00-
[SEAL]
,
,
,
,
,
I
BERTIE L POOLE
NOTARY PUBLIC
STATE OF COLORADO
3~ dayof DdVkv
,1003 ,by
, JdOmt
Notary Public
";
,
,
,
,.
,
,
My Commission ElCpires 4/26/2005
l'i1e# NR2ltn2C03
SKLD NA 10.102.0.106 JF 1898501-2003.004
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Case No.:
App: last Name:
App: First Name:
Owner: last Name:
Owner: First Name:
App Add,ess:
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:
!wA0716
~Clm~~
lRusty
ISClf!l~
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14350 Reed 51.
!wheat Ridge, CO 80033
1303420.5598
Isame
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Isame
14350
IRl?,~f1,$,!r~~,L__,
!wheat Ridge, CO 809~~~
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Quarter Section Map No.: I$_E;?~
Related Cases: L.
Case History:
5 ft. side & rear yard
etback variances. . .
Review Body:
APN:
jAdm.
139-234-01-013
2nd Review Body:
2nd Review Date:
Decision-making Body:
Approval/Denial Date:
I
I
I
I
I
Reso/Ordinance No.:
Conditions of Approval:
District: lu
Date Received: 19/17/2007
Pre-App Date: L
CITY OF WHEAT RIDGE
09/07/07 4:30 PM cdb
rj construction
RECEIPT NO:C024379
FMSD ZONING APPLICATION F
lone
PAYMENT RECEIVED
CK 5751
TOTAL
AMOUNT
20U0
AMOUNT
20U0
20U0
----------------------------------------