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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 ... .. b.. -- Y.~ DATE 08/02/2007 1"'1"",12.5..00 If''l,,,:tt 07-871 LAND SURVEYING 5460 WARP ROAD . SU~TE 160 ARVADA. COLORADO e0002 (3(>3) 420-4788 IMPHOVEMcN, LOCATION CCRT1FICATE Aten: RUSS CUENT t:On"'<:' "Th"""'''' ADDRESS ~~~n R~F.~ ~~~p.F.~ NAME Rn1'l~ 'l";e,~~ '-...EG,\L ,:)ESCR1PnON '."~"G.,j~""7; ILOT 4, MAUREEN SUBDIVISION, COUNTY o!" ,JEF~'~mSON, STATE OF COLORADO L N Note:: An Improvement Survey Plat is- Recommended. 5' Easement (Plat) --------------------, I I 8,2x 10,2 r Frame Shed big IE I~ l/ \1 1 ~ -t'------ ). ~ - ...;{~ ------1" - r ,,., t/"'I"~':~. : k .-(pl.J; 1 I ,6.8 C(/f'ltfiq E Scale; 1"=20' N .,.; ---- 34.5 .,. <-i 4.1 '" ~ 0 8 '<0 oi '" ~i '" 'n '" t; .,.; . 4.1 ~ .... "'>: <J> N "" ~ ... '" '" Cone. Drive ~. m .,. 135.81 31.0 One Story Brick .... '" '"' 16.8 ~ d 27.7 00 LOT3 :.j o U 1.0T4 ~'. 13.5 '" ::: r/L' " , 5' E..'iscmcnt (Plat) 135.81 LOT 5 I ~ I I I -.-J 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 the Q9rffficattonshown oeroon. ' S:;:;....-.....;.~ . ~t h....-:?.....~~" Board of Adjustment WA-07-16/James 11 M Eo- ~ ~ "'" '" ~, 0- 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 /",,"y~.-O<" ___-.:;f':-~;;:.:::,::""-- ,_:::f:::--~ ...( ----::;:::.- ,.' .....- ,. ..-::-- - - j:<;::-:-":"--:>~"":..-',;"',':,~':':'>~,:;" -.a' ~-_. -""'- :,A ,fi.~~@i~~1?:3~~~-:~~\;~~'~ --J.P'" ''''_'. ,x .c- -' ~/.. .,.~.- ~. ,",~,/>, ~ - '" -';' ",~^'- , "I r~ A-"7~~~;;j ~ .~j;; -".~::::-'"c'", .>"~ cf:>,f -'I 4/:'~:;:i~:;;~::::;'E~fl ~.'~~ ~',! f;;;= i: r~: t~~ :Z~5"~ -:.~,:::. :i;~';,r,;?4 ; I I H~~l1i 7~ ~C,"f'::;:>-~d--,;:_"E1...r~!:,~;ttt~;m'l ,!,)W.'; .~'l(~ ,~ - ' ~ ,/WlI;l !!ffEj JT~ ._";l?:jf"",;1R.,....~/!l' I \. V~ ~' n>,::.__-.- _.,,::..~(".:I,,r,,i,"'~.,\~';M>.ifI<.r::.:."'\".Wl. ~'.' '" _ ' ."''''" ~ y''f!1:,v'if!l.!b.~ ' fNf] , I V n ;,'17111. ~.d 1111[.;1 .1'.. ilii. ,. .'. Id0 '.:.'. i I.!. ..' I '..t... U' lit' ." ., I>' 1] 1 q:' ,){ , :1 ;. i'liLJ~ ill.I'('.~ lu~llll! "",'!_',,\'<'i'7.1':\:,:;,:,:.~,_'('!"'_\';,~:W':!.'(',7.',,:;::,'~':~~';IX:,'!I~,.~;';;i:;:::,~ 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 ~/?j I~ 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 ~' q; 00. '.. ~, (j t{j y' ,en 2' Ji\ \ ~ o,v , " '}I' '''-€€.Q~ ..1J - " lr-"'" I f21 ~I . !:!I ~I NE23 I I <I Si~~ ;::114400 1 .1 I '" " I 1 . } . '-- ~ 8 Ir 1 R-C · ~ ~ .~ ~ . ~ '-1 ~ H . ". N-C ~ ~ EI EN$EIN ~ ~ ~ ~.k r; _ W43ROPL '\ 1': a ,. . I ~ . .-'. ~ t3: '1,." "' ~. ~ ~ o-'~ ~ ~ ~M=!~4-,' ~ ~ . . f-~ I b ~ W oL~ ~ t:: ~ ." .~l \S)~ ~ F- s i!~i!~1 ~ ~~ ~ ~ W43RDAVE ~ o oW ~ oQi ... ~ 4280 ~ ~ ~ . ~ !il ~ ~ . w 0 ~ (l: ~ . . J ~ ~ :) ~ ~ ~~~ ~z ~;2::< . - - ,,- \) ~, -- - ~. ::.... !.. L L \l)~ L ~. ;:; :... ~ g :... ~ lil L ~ Ii! ~. ~ L ~ t ;:~ ... t 8 @\fJ "' ~ ~~ -;;: ~\Sl ~I J- ~ . ~. ----.:. I . ~ ~-=-c .L!! .zJ ~ a . {f::l ~ ~ ~ ~ . ~ Sf . r. ~ Iii ~ <t ;~~r- \';j a:;: '- . .~ ~ ' ~ ~ ~ ~ ~ ~" ~, =, I- ~ l- i'" . IE. l- \.... ~ r MAP ADOPTED: June 15, 1994 Last Revision: September 10, 2001 ~ ~ C ~ C i ;::1 ~t:! R-C C-1 L- ~ PAY-N-PAK a ~ , ~ ~ ~ ~" - - =0 - . a - ~ . ~ - a ~ ~ 11-2 a - ~ W 85-4 - PCD . WZ-77-22 II ~ - , ..2 "- .~ - ~j \Sl_ ~ WSP-83- z o (j) > " ~ ,~ (j) "" W IlL ~ <C ::::l ~ d (j) w ::;;: I- I I ~ C-1 l J: ~ miEA\ I CURRIER ~ "i"\' .D'" PCD ~ ~ TOWN ~~R /. : ~,WZ-9JI:-~ Y ~ : l ~" _28 ! ~, WHEAfjSU GE ' R-3 .~ ~ , ...:: , -- - - C-1 - WSP.65-7 - MARKET~, '''''-I i C .~ R- - . ~ - ~1 =0 - .: - ~ S~B IVISI N L LJ - ; ~ :- ~I ,. _I I I _. _. OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENT OF PLANNING AND DEVELOPMENT ~ R-2 ~ ( H \tV B R' ~~g~~~~~ ~ ~ ~ 42NDAVE ~ . ~ ~ ~ g 1Ck ~ ~ , ~ : ~ 4110 R-2 ~ . CUP-93-2 . i oW66 --------- [:---_._-_._.:::::::::~:) 00' ; ~ STEVENS ELEMENTARY SCHOOL ,~ ~ ~ " ~ R-3 ~ - ~r;.AON CRAIGg8~~g ............ ... W 39TH AVE WHEAT RIDGE MIDDLE SCHOOL ~~~~8~E'~ 13 'vb" ~.; ~ . " .~ !i CUP-93-2 ""- _ C-1 " " ... ~ ~ ~ ~ 01 01 01 <>1 $! I 21 ! ~ i _'~I NE26 ---- PARCEULOTBOUNDARY (DESIGINATES OWNERSHIP) --- WATER FEATURE * DENOTES MULTIPLE ADDRESSES ~ 100-YEAR FLOOD PLAIN ~ (APPROXIMATE LOCATION) ! ~ ~, ~w - _ 5_ 3870 ~ J 31.175 3S6O ~I) 3665 - :;- 3840 r 3845 =, = - = = ~~ = ~L !?ol I ..1 SE 23 o 100 200 ;XX) '\00 Feet @ u.. w ., i .-; La-OOL .O:):J:J3r/ ! I @@ L{) .q- M N .- .- .- .- .- .- @ @ @ @ @ :2 w . r-.. @ W ':2, :::, ~ co .- N => M L{) tJ) <C .q- (!) "' ~ @2 @ '@ @ @ ~ .- @ :, 0 ~ ~ l88JlS p88H . .- N :, @ CO ~ .- ~ => (!) r-.. Q) tJ) @ 'I""" C"l @ ::l l!) c l- e 0 Q) ~ LJ..W ~ ~ @ Z N Oce: @ . @ t-=I- ....I a.. ClJ , Q.tJ) Ca: r-.. W. C"l M @ 0 wl:O "! C"l W a:=> ~ @ U) ~ W ce: ..c +-' .q- o::t @ o::t N@ W POSTING CERTIFICATION CASE NO. WA-07-16/James DEADLINE FOR WRITTEN COMMENTS: ~-$'~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 ill ~, 43RD 0 "~, rn . 00"' .,~ 00"' "'. 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:) ~~;~~~g: Plan View w~f 1!t-4~ (" (). JOO 33 1- ,3/."3~ 28' ~ '" 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 CD IT.. ,. " 1.11... '..1.'.... 'i.....d~.<).C".1 'III ". 1 - I =11 I Iii '3' I I . " . I ' I : 'I ,~. I Iii I I ...1,'1 ' I1I1I II I II III1 " I.. " II 1 ~._~~-,--~- ~, , I I I , I '~-~- '., ,',., ~'=nli ----'~----I I I_~~ ~, --.J 2~---""--- 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 !llfT I Ii rill! ]IIIIT Ii il . 11[11 II IIII I: U' I IJ' 1<1 Ii i ! lJ' i U; lJ' IlJ; I. !I I~II · ~ I' I ,I i I;' I I ' 1 I' II 'II I J~~_J__~_ ~~_, ,_ ---,~.II I~J~ ~___ II "llLJ 28' -_._~ 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 ~iln. i,.l.'....T, "n' .'. I 11 \ I ilL 'I ,: i f i i I ' ; I , ~.. ~ IlL I:: :IIIILi I ~__II~JLI t I --..----.-~---~---.-.-, 1__ __ _ ~III' I IIII . ,.1 c II .~....m II ell I.; 11'1 I ill'I'UI, I II III Ii ili III i~ I 1.1"!!.1 i ,I_It I I j~~~j~JI.!~. .__J '--~4"'----'-' 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 11"!! r II IT. ;'''L~III r II II T( r,- I, 'I : 'I I, ~I : I ' ";2" 1111: 0) I I: ',I 'I i r-111r~ I ': I, ~ -~- 'I I L1J IIUI ii!llll II !ilLll j !I r I j'II,1 I -- .---- --._____1 -,-.------ ..-- 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 \. 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 'v , \ 11-95 DCD0TI2 w wQ J,-w <4..J :J<..J /l!w G)~ ~~ a. (0 = = N .-. .-. Z <:3; -, ~ 8~ ~9 ~8 U; ~ 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 J-'\ ~ 'It '" o -, i w U. w ~ o I- Z w J U '" '" W 0: o o <( w ::E <( Z w \!l ~ o Z 0 "- ~ C\I i= >-~g u::i -0", III ffialO) > . g~ 6 ^" ~ ~ 6 !- w.. 00 N <( :J~5~ g o U (1) ..J en 0:: -0 ~ ~~ !- >:; Z COn:: ~ ~ <( w z"' 6 <( g: -I :;: I I z o F n.~ 0', O. ",0 w~ o. --'~ <( " w --' ~ ~ H '" 0 '" c>: ~ H '" ~ ~ 0 ~ ~ 8 '" '" 0'" Z 0 - '" .. 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I E 2 e a .. .. .. ~ ;! & ~ !!l ~i h B" ~S I; ~! z il to<-- ~o i!ig ~'; :; :1:. ::: ~~ ;) I~ ~I . . "' 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~ I 14350 Reed 51. !wheat Ridge, CO 80033 1303420.5598 Isame I Isame 14350 IRl?,~f1,$,!r~~,L__, !wheat Ridge, CO 809~~~ \rietz IActi...e I I 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 ----------------------------------------