HomeMy WebLinkAboutWA-07-20
~". " . City of
'~Wheat~dge
.~OMMUNI1Y DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
February 12, 2008
Philip M. Benallo
6088 W. 39th PI.
Wheat Ridge, CO 80033
Dear Mr. Benallo:
RE: Case No. W A-07-20
Please be advised that at its meeting of January 24, 2008, the Board of Adjustment APPROVED
your requests for approval of (A) a 10-foot rear yard setback variance from the 30-foot rear yard
setback requirement when adjacent to a public street resulting in a 20-foot rear yard setback (39th
Avenue); (B) an II-foot front yard setback variance from the 30-foot front yard setback
requirement resulting in a 19-foot front yard setback (39th Place); and (C) a IS-foot side yard
setback variance from the 30- foot rear yard setback requirement when adjacent to a public street
resulting in a IS-foot side yard setback (Ingalls Street); and located at 6088 West 39th Place for the
reasons and with the findings and conditions as specified in the enclosed minutes and Certificates
of Resolution.
Enclosed is a copy of the Certificates of Resolution, as well as a draft copy of the minutes, stating
the Board's decision which became effective the date of the meeting, January 24,2008. This
variance shall automatically expire within one hundred eighty (180) days of the date it was
granted, July 22, 2008, unless a building permit has been obtained.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
-K/f'd:iM ~~
Kat!:; Fi~I~Y""
Administrative Assistant
Enclosures: Certificates of Resolution
Draft of Minutes
cc: Gerald M. Benallo
5885 Clear Creek Dr.
Denver, CO 80212
WA-07-20 (case file)
Building File
w AonO.doc
www.ci.wheatridge.co.us
. ,
~~l.(
_ r City of
?Wheat~ge
BOARD OF ADJUSTMENT
Minutes of Meeting
January 24, 2008
1. CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board of Adjustment was called to order
by Chair BLAIR at 7:03 p.m. in the City Council Chmnbers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Board Members Present:
Tom
Janet Bell
Bob Blair
Alan Bucknam
Betty Jo Page
Board Members Absent:
Larry Linker
Paul Hovland
Bob Howard
Staff MembersPtesent:
Meredith :~eckert, Senior Planner
~,d,ilIIl!i~tz, Planner I
A11i1Lazzeri, Recording Secretary
3. PUBLIC FORUM
No one wished to address the Board at this time.
4. PUBLIC HEARINGS
f'A.
CaseNo.W A-07-20: An application filed by Phil Benallo for approval of
(A) a IO-foot rear yard setback variance from the 30-foot rear yard setback
requirement when adjacent to a public street resulting in a 20- foot rear
yard setback (39th Avenue); (B) an II-foot front yard setback variance
from the 30-foot front yard setback requirement resulting in a 19-foot
front yard setback (39th Place); and (C) a IS-foot side yard setback
variance from the 30-foot rear yard setback requirement when adjacent to
a public street resulting in a IS-foot side yard setback (Ingalls Street); and
located at 6088 West 39th Place.
This case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Board there was jurisdiction to hear the
Board of Adjustment Minutes
January 24, 2008
-1-
, ,
case. She reviewed the staff report and digital presentation.
The applicant is requesting approval of a three-fold variance request in order to
construct an addition to the existing single family home on the property. Staff
concluded that there are unique circumstances due to the property having three
street frontages, however the extent ofthe requests is excessive. There are
alternatives such as reducing the size of the addition lessening the need for a
variance on at least one side. For these reasons, staff gave;j, recommendation of
denial for variances on three sides but would support variances on two sides with
conditions as set forth in the staff report. She entereqailetter into the record from
S. A. Burson, 7311 Braun Way, Arvada, Coloradoexpressi]].g opposition to a
variance being allowed on all three sides of the property. TlJ'is letter was the same
as the one originally submitted to the Community DevelopmentDirector with a
change in date to January 22,2008.
Board Member ABBOTT asked why Comrnunity Development Director had
declined to approve the case. Ms. Reckert expl;j,i/1ed the Director thought it
would be best for the case to be heard before the Board due to a letter of
opposition which was received'frQtp.a citizen.
Board Member BELL commented,that theptoposed building would be within the
40% lot coverage.
Chair BLAI~ asked to he.ar from the applicant and members of the public.
Phillip Benallo
60!\~~(\~t~9th AVell.!l~
Mr. Benallo,tlre:~pplicant,was sworn in by Chair BLAIR. He stated that without
all three variances3Ahe house would look out of proportion and would also affect
the value. He stafegthat he would remove all the outbuildings and would not be
rernQ~i.ng any trees.LWhen the garage is built and outbuildings are removed, there
would2be:!W vehicle:sparked outside the house. He plans to install matching brick
wainscofiiil.g'f!Toun,<i'the house and incorporate the design to blend in with the
existing house.
Board Member ABBOTT asked why the garage has to be so long. Mr. Benallo
replied that the garage would accommodate a motor home, a boat and his
vehicles. There would be a storage room above the garage.
Board Member PAGE expressed concern that the garage is so large that it could
accommodate a business. Mr. Benallo assured the Board that no business will
operate out of the garage and that it would simply accommodate his cars, motor
home and boat.
Board of Adjustment Minutes
January 24, 2008
-2-
. ,
Board Member BELL commented that removal of the present RV parking would
provide for more yard space making the property more attractive.
Jason Hart
6050 West 39th Avenue
Mr. Hart was sworn in by Chair BLAIR. He expressed his support for all three
variances. He stated that he has lived at this address since 1998 and Mr.
Benallo's plan is the first improvement he has seen in the neighborhood. The
proposed improvement will eliminate parking the boat outside and therefore
improve Mr. Hart's property value as well.
Emmett James
6060 West 39th Place
Mr. James was sworn in by Chair BLAI~. He has lived in the neighborhood for
thirty-one years. He spoke in support ofthe application and stated that the
addition to the house would be an improvement to the neighborhood.
Betty James
6060 West 39th Place
Ms. James indicated from the audience that she was in favor of the application.
Tony Thiemen
12000 Pecos SfIteet,'",e:stminster
Ms. Thiemenw~s swom:jn by Chair BLAIR. She spoke in support ofthe
application. She:stated that she is a ReMax realtor and a cousin of the applicant.
She has been inv0lyed witl1the.ilPplicant in making plans for the property. She
was confident that the addition, and the meticulous manner in which the applicant
takes care of hispropetty;would improve the appearance of the neighborhood.
Ll\rry Douglas
10413 Owens Circle, Westminster
Mr. D0uglas was sw-Qrn in by Chair BLAIR. He spoke in support ofthe
applicatiOn. Be stated that he is a friend of the applicant and has been involved in
the planning Qverthe past three years to construct an addition that would blend in
with the neighborhood. The applicant's grandfather built the house and the
applicant has lived in the house for eighteen years and plans to continue living in
the neighborhood.
There were no other individuals to address the Board at this time.
In response to a question from Board Member ABBOTT, Ms. Reckert stated that
the city had not adopted a Dark Skies ordinance.
Board of Adjustment Minutes
January 24, 2008
- 3-
Board Member BELL indicated her support of the request. What the applicant is
proposing would be an improvement to existing conditions in the neighborhood.
It would also have better sight clearance than the property to the north.
Board Member BLAIR commented that he knows of no other situation in the city
that compares to the applicant's property.
Board Member BUCKNAM commented that it is favorable that the house is
being remodeled to remain a single family structure.
In response to a question from Board Member PAGE, Mr. Benallo stated that the
addition will not be constructed as a second unit.
Upon a motion by Board Member AB.Q0TT and second by Board Member
BELL, the following resolution wautlll!\d:
Whereas, the applicant was denied permissi9'P::;by an administrative officer;
and
Whereas, the property has been poS'ted tjl,e fifteen dUIYs required by law, and
in recognition that there was one protest registered against it: and
Whereas, the reliefa'i!iJ1ied for maybe granted without detriment to the
public welfalie~nd witlj.Qut substanti~llyimpairing the intent and purpose of
the regulation&EgQverning the City of~heat Ridge.
Now, therefore, be itresolvedtlIatBoard of Adjustment Application Case
No. W A-07-20 (A), a lQ..:foot rear yard setback variance from the 30-foot rear
yard setback requirement when adjacent to a public street, be and hereby is
approved.
For the following reasons:
1. There aF.e a considerable number of substantial encroachments in this
neighborhood within one block ofthis property.
2. There are seven other large residential structures within one block of
6088 West 39th Place. All are in the Residential-Three zone district.
3. There is no living space above the over-height bay.
4. Staff fonnd the first variance criterion has not been met and the
Board concurs.
5. Staff found that the second variance criterion has been met and the
Board concurs.
6. Staff found the third variance criterion has been met and the Board
concurs.
Board of Adjustment Minutes
January 24, 2008
-4~
7. Staff found that the fourth variance criterion has been met and the
Board concurs.
8. Staff found that the fifth variance criterion has not been met and the
Board concurs.
9. Staff found that the sixth variance criterion has been met and the
Board concurs.
10. Stafffound that the seventh variance criterion has been met and the
Board concurs to a degree.
11. Stafffound that the eighth variance criterion is 110t applicable and the
Board concurs.
12. Staff found that the ninth variance criterion is'Iiot applicable and the
Board concurs.
13. Several neighbors testified in favorofthe variance.
With the following findings:
1. This variance is not on a lot line immediately abutting neighbors'
homes.
2. This structure sits on ll.srnall parcel with two street corners resulting
in three setbacks from streets.
3. There are seven large multi-family structures within one block of this
parcel, therefore this is not necessarily a small single-story, single-
family neighborhood.
4. Many other snbstantial encroachments in the setbacks within the
neighborhood exist, some of ag!l.eater magnitude.
5. Design const..aints were imposed.
6. Single family use is being retained on a Residential-Three zoned lot.
7. It can he argued that completion of this structure in this
neighborhood works in several ways toward the goals of the City's
NeighborhOod Revitalization Strategy.
8. Lots across(~9th Avenue are elevated above the site in question thus
offering some mitigation to view plane encroachment caused by the
variance.
With the following conditions:
1. The addition will be built consistent with the applicant's Exhibits 5, 6
and 7.
2. All existing outbuildings and temporary structures will be removed
prior to issuance of a Certificate of Occupancy.
3. The existing driveway on the south side of the home will be removed
prior to issuance of Certificate of Occupancy.
4. A brick wainscoting three feet in height matching the original home
will be provided on the 39th Street elevation to lessen incongruities
and visual impacts caused by the variance.
Board of Adjustment Minutes
January 24,2008
- 5-
5. Any outdoor lighting attached will generally meet Dark Skies
concepts in retaining lighting leaving the property to a level that will
cause no annoyance to neighbors.
The motion carried 5-0, with Board Members HOVLAND, HOWARD and
LINKER absent.
Upon a motion by Board Member ABBOTT and second by Board Member
BELL, the following resolntion was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there was one protest registered against it: and
Whereas, the relief applied for may be grantetfwithout detriment to the
public welfare and without substantially impairin,g the intent and purpose of
the regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved thl\t BoardQf~gjustll1ent Application Case
No. W A-07-20 (~)'l!lll1-foot front yard setback variance from the 30-foot
front yard setbl\ckrequirement, bel\nd hereby is approved.
For the followingreasons:
L There are aConsiderah'Iel').llmber of substantial encroachments in this
neighborhood within one block of this property.
2. There ate seven otb.efIarge residential structures within one block of
6088 West39th Place. All are in the Residential-Three zone district.
3. There is no living space above the over height bay.
4. Stafffoundthe first variance criterion has not been met and the
Board concurs.
5. Stafffound that the second variance criterion has been met and the
Board concurs.
6. Staff found the third variance criterion has been met and the Board
concurs.
7. Staff found that the fourth variance criterion has been met and the
Board concurs.
8. Staff found that the fifth variance criterion has not been met and the
Board concurs.
9. Staff found that the sixth variance criterion has been met and the
Board concurs.
Board of Adjustment Minutes
January 24, 2008
-6-
10. Staff found that the seventh variance criterion has been met and the
Board concurs to a degree.
11. Staff found that the eighth variance criterion is not applicable and the
Board concurs.
12. Staff found that the ninth variance criterion is not applicable and the
Board concurs.
13. Several neighbors testified in favor of the variance.
With the following findings:
1.
This variance is not on a lot line immediately abntting neighbors'
homes.
This structnre sits on a small parcelwith two streetcol"ners resulting
in three setbacks from streets. ..
There are seven large multi-f:ftfi'~!~ structgres within onel111>ck of this
parcel, therefore this is not necess1Ji?i}y a.,sill.all single-story, single-
family neighborhood. .
Many other substantil\1 encroachmentS:i~llthe setbacks within the
neighborhood exist, sOm.e<of a greater magnitude.
Design constraints wereirtJ.Jl'o$l\lI.
Single family use is beingntairiedou a Residential-Three zoned lot.
H can be, ~~9~~d that completion of this structure in this
neighbj!rliooll"~;grks in sever,al ways toward the goals of the City's
N eig~~(jrhood'8:!lvitalization<Strategy.
Lots aCI'(jss 39th<""venue are elevated above the site in question thus
offering some Iliitigati(ju to view plane encroachment caused by the
variance.
2.
3.
4.
5.
6.
7.
8.
With the followi(Ig conditi(jns:
1. The additioll.:<will he built consistent with the applicant's Exhibits 5, 6,
aud 7.
2. A:1I1~~istingJ'outbuildings and temporary structures will be removed
prior2tRls!mance of a Certificate of Occupancy.
3. The ex:fsting driveway on the south side of the home will be removed
prior to issuance of Certificate of Occupancy.
4. A brick wainscoting three feet in height matching the original home
will be provided on the 39th Street elevation to lessen incongruities
and visual impacts caused by the variance.
5. Any outdoor lighting attached will generally meet Dark Skies
concepts in retaining lighting leaving the property to a level that will
cause no annoyance to neighbors.
6. The driveway on the north side will be removed.
Board of Adjustment Minutes
January 24, 2008
-7-
The motion carried 5-0, with Board Members HOVLAND, HOWARD and
LINKER absent.
Upon a motion by Board Member ABBOTT and second by Board Member
BUCKNAM, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there was one protest registered agliillst it: and
Whereas, the relief applied for may be grall.ted without detl.'ifi).ent to the
public welfare and without substantially impairing the intentllilld purpose of
the regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board ofA1djustment Application Case
No. W A-07-20 (c), a 15-foots;de yard setbackVl\riance from the 30-foot side
yard setback requirement wheiladjacent to a public street, be and hereby is
approved.
For the following reasons:
1.
There are a considerable number of substantial encroachments in this
neighbol'hood Within one blocl{,ofthis property.
There areseyenQtiIe-rl~r~eresidential strnctures within one block of
6.Q,~.!l'Yest 39th'place. A:Ul\re in the Residential-Three zone district.
Thereisllo living space above the over-height bay.
Staff fou.nd-the firstv.ariance criterion has not been met and the
Board COIfl;lurs.
Staff found'!!tpat the second variance criterion has been met and the
B!!ard concl"tl-s.
StllifUOUllll!:the third variance criterion has been met and the Board
concurs.
Stafffound that the fourth variance criterion has been met and the
Board concurs.
Stafffound that the fifth variance criterion has not been met and the
Board concurs.
Staff found that the sixth variance criterion has been met and the
Board concnrs.
Staff found that the seventh variance criterion has been met and the
Board concurs to a degree.
Staff found that the eighth variance criterion is not applicable and the
Board concurs.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Board of Adjustment Minutes
January 24, 2008
-8-
12. Staff found that the ninth variance criterion is not applicable and the
Board concurs.
13. Several neighbors testified in favor of the variance.
14. Lowering the west wall, thus increasing the pitch ofthe west roof,
would be more impactive than the proposed height of the encroaching
wall.
With the following findings:
1.
This variance is not on a lot line immediately abutting neighbors'
homes.
This structure sits on a small parcel ",ith two street corners resulting
in three setbacks from streets.
There are seven large multi-familY structures withinotieblock of this
parcel, therefore this is not necesSl\rily a small single-story, single-
family neighborhood.
Many other substantial encroachmeti[tS;ijn the setbacks within the
neighborhood exist, some of a greater'm.agnitude.
Design constraints weteitp.posed.
Single family use is being retaip.e4on a Resi~~ntial- Three zoned lot.
H can be argued that completion oJ this structure in this
neighborqRR~.\Vorks in se-vera1waysto",ard the goals of the City's
N eighb()rhood~evitalization Strategy.
Lots across 39t~(.i\;venue are elevated above the site in question thus
offerill.g;i$ome mitigation to view plane encroachment caused hy the
variance.
2.
3.
4.
5.
6.
7.
8.
With the following conditions:
1. The addition will be built consistent with the applicant's Exhibits 5, 6
and 7.
2. All existing outbuildings and temporary structures will be removed
prior to issuance of a Certificate of Occupancy.
3. A brick wainscoting three feet in height matching the original home
will be provided on the 39th Street elevation to lessen incongruities
and visual impacts caused by the variance.
4. Any outdoor lighting attached will generally meet Dark Skies
concepts in retaining lighting leaving the property to a level that will
cause no annoyance to neighbors.
5. Upright bushes or trees, as approved by the city, will be planted along
the Ingalls Street frontage to lessen incongruities and impacts caused
by the variance.
Board of Adjustment Minutes
January 24, 2008
-9-
L The motion carried 5-0, with Board Members HOVLAND, HOWARD and
LINKER absent.
(Chair BLAIR declared a recess at 8:20 p.m. The meeting was reconvened at
8:28 p.m.)
B. Case No. W A-07-24: An application filed by Karen Stor for approval of
a 5-foot side yard setback variance from the 5-foot.side yard setback
requirement resulting in a 0- foot side yard setback on property zoned
Residential-One C and located at 3025 Eaton Street.
This case was presented by Adam Tietz. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hearlhe case. He
reviewed the staff report and digital presentation The applicant isrequesting
approval ofa 5-foot side yard setback variance for the purpose of replacing an
existing carport. Staff recommended approval of the request with conditions
outlined in the staff report.
In response to a question from Board Member BLAIR, Mr. Tietz stated that staff
had received no comments regarding the application.
In response to a question from Board Member BELL, Mr. Tietz explained that the
existing concrete wall is four inches from the property line and won't be moved.
The support beam for the new carport would be abutting the inside of cement
wall.
In responseto questions from BoardMember ABBOTT, Mr. Tietz explained that
the Karen St0r's&pplication requested a O-foot setback, but upon further study it
is. apparent that itis actually a I-foot setback.
Chalt BLAIR asked. to hear from the applicant.
Karen Stor
3025 Eaton Street
Ms. Stor, the applicant, was sworn in by Chair BLAIR. The existing carport is
leaking into the house so she will have to remove it whether or not she can replace
it. She submitted a letter into the record from neighbors in support ofthe
application. She explained that the downspout will drain into the garden.
Julian Kasprzak
3025 Eaton Street
Mr. Kaspryzak was sworn in by Chair BLAIR. He stated that the replacement of
the existing carport would improve the appearance ofthe property. A 0- foot
Board of Adjustment Minutes
January 24, 2008
-10-
CERTIFICATE OF RESOLUTION'
fr:> ro\\ riH~,\ \'1'
~YU~' U
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 24th day of January 2008.
CASE NO: W A-07-20 (A)
APPLICANT'S NAME: Phil Benallo
LOCATION OF INTERPRETATION: 6088 West 39th Place
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number WA-07-20 (A)
is an appeal to this Board from the decision of an administrative officer and in recognition that
one protest was registered against it; and
WHEREAS, the property has been posted the fifteen days required by law;
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number WA-07-20 (A) 3 be, and hereby is APPROVED.
TYPE OF VARIANCE: A 10-foot rear yard setback variance from the 30-foot rear yard
setback requirement when adjacent to a public street resulting in a 20-foot rear yard setback
(39th Avenue) on property zoned Residential-Three.
FOR THE FOLLOWING REASONS:
1. There are a considerable number of substantial encroachments in this neighborhood
within one block ofthis property.
2. There are seven other large residential structures within one block of6088 West 39th
Place. All are in the Residential-Three zone district.
3. There is no living space above the over-height bay.
4. Staff found the first variance criterion has not been met and the Board concurs.
5. Staff found that the second variance criterion has been met and the Board concurs.
6. Staff found the third variance criterion has been met and the Board concurs.
7. Staff found that the fourth variance criterion has been met and the Board concurs.
8. Stafffound that the fifth variance criterion has not been met and the Board concurs.
, "
Board of Adjustment
Resolution No, : WA-07-20 (A)
Page two (2)
10. Staff found that the seventh variance criterion has been met and the Board concurs to a
degree.
9. Staff found that the sixth variance criterion has been met and the Board concurs.
11. Staff found that the eighth variance criterion is not applicable and the Board concurs.
12. Stafffound that the ninth variance criterion is not applicable and the Board concurs.
13. Several neighbors testified in favor of the variance.
WITH THE FOLLOWING FINDINGS:
I. This variance is not on a lot line immediately abutting neighbors' homes.
2. This structure sits on a small parcel with two street corners resulting in three setbacks
from streets.
3. There are seven large multi-family structures within one block ofthis parcel, therefore
this is not necessarily a small single-story, single- family neighborhood.
4. Many other substantial encroachments in the setbacks within the neighborhood exist,
some of a greater magnitude.
5. Design constraints were imposed.
6. Single family use is being retained on a Residential-Three zoned lot.
7. It can be argued that completion of this structure in this neighborhood works in several
ways toward the goals of the City's Neighborhood Revitalization Strategy.
8. Lots across 39th Avenue are elevated above the site in question thus offering some
mitigation to view plane encroachment caused by the variance.
WITH THE FOLLOWING CONDITIONS:
1. The addition will be built consistent with the applicant's Exhibits 5, 6 and 7.
2. All existing outbuildings and temporary structures will be removed prior to issuance of a
Certificate of Occupancy.
Board of Adjustment
Resolution No. : W A-07-20 (A)
Page two (2)
5. Any outdoor lighting attached will generally meet Dark Skies concepts in retaining
lighting leaving the property to a level that will cause no annoyance to neighbors.
3. The existing driveway on the south side of the home will be removed prior to issuance of
Certificate of Occupancy.
4. A brick wainscoting three feet in height matching the original home will be provided on
the 39th Street elevation to lessen incongruities and visual impacts caused by the variance.
VOTE:
YES:
ABSENT:
NO:
ABBOTT, BELL, BLAIR, BUCKNAM, PAGE,
LINKER, HOVLAND HOWARD
None
DISPOSITION: A request for a 10-foot rear yard setback variance from the 30-foot rear yard
setback requirement when adjacent to a public street resulting in a 20-foot rear yard setback
(39th Avenue) on property zoned Residential-Three was APPROVED.
ADOPTED and made effective this 24th day of Januarv. 2008.
Robert Blair, Chair
Board of Adjustment
Ann Lazzeri, Secreta
Board of Adjustment
CERTIFICATE OF-RESOLUTION
(Cory
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 24th day of January 2008.
CASE NO: WA-07-20 (B)
APPLICANT'S NAME: Phil Benallo
LOCATION OF INTERPRETATION: 6088 West 39th Place
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number W A-07-20 (B)
is an appeal to this Board from the decision of an administrative officer and in recognition that
one protest was registered against it; and
WHEREAS, the property has been posted the fifteen days required by law;
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number W A-07-20 (B) 3 be, and hereby is APPROVED.
TYPE OF VARIANCE: An II-foot front yard setback variance from the 30-foot front yard
setback requirement resulting in a 19-foot front yard setback (39th Place).
FOR THE FOLLOWING REASONS:
I. There are a considerable number of substantial encroachments in this neighborhood
within one block ofthis property.
2. There are seven other large residential structures within one block of6088 West 39th
Place. All are in the Residential-Three zone district.
3. There is no living space above the over height bay.
4. Staff found the first variance criterion has not been met and the Board concurs.
5. Stafffound that the second variance criterion has been met and the Board concurs.
6. Staff found the third variance criterion has been met and the Board concurs.
7. Stafffound that the fourth variance criterion has been met and the Board concurs.
8. Staff found that the fifth variance criterion has not been met and the Board concurs.
, .'
. Board of Adjustment
Resolution No. : W A-07-20 (B)
Page two (2)
9. Staff found that the sixth variance criterion has been met and the Board concurs.
10. Staff found that the seventh variance criterion has been met and the Board concurs to a
degree.
11. Staff found that the eighth variance criterion is not applicable and the Board concurs.
12. Staff found that the ninth variance criterion is not applicable and the Board concurs.
13. Several neighbors testified in favor of the variance.
WITH THE FOLLOWING FINDINGS:
1. This variance is not on a lot line immediately abutting neighbors' homes.
2. This structure sits on a small parcel with two street corners resulting in three setbacks
from streets.
3. There are seven large multi-family structures within one block ofthis parcel, therefore
this is not necessarily a small single-story, single-family neighborhood.
4. Many other substantial encroachments in the setbacks within the neighborhood exist,
some of a greater magnitude.
5. Design constraints were imposed.
6. Single family use is being retained on a Residential-Three zoned lot.
7. It can be argued that completion of this structure in this neighborhood works in several
ways toward the goals of the City's Neighborhood Revitalization Strategy.
8. Lots across 39th Avenue are elevated above the site in question thus offering some
mitigation to view plane encroachment caused by the variance.
WITH THE FOLLOWING CONDITIONS:
1. The addition will be built consistent with the applicant's Exhibits 5, 6, and 7.
2. All existing outbuildings and temporary structures will be removed prior to issuance of a
Certificate of Occupancy.
.'
Board of Adjustment
Resolution No. : WA-07-20 (B)
Page two (3)
3. The existing driveway on the south side of the home will be removed prior to issuance of
Certificate of Occupancy.
4. A brick wainscoting three feet in height matching the original home will be provided on
the 39th Street elevation to lessen incongruities and visual impacts caused by the variance.
5. Any outdoor lighting attached will generally meet Dark Skies concepts in retaining
lighting leaving the property to a level that will cause no annoyance to neighbors.
6. The driveway on the north side will be removed.
VOTE:
YES:
ABSENT:
NO:
ABBOTT, BELL, BLAIR, BUCKNAM, PAGE,
LINKER, HOVLAND HOWARD
None
DISPOSITION: A request for an II-foot front yard setback variance from the 30-foot front
yard setback requirement resulting in a 19- foot front yard setback (39th Place).
was APPROVED.
ADOPTED and made effective this 24th day of January. 2008.
M~~
Robert Blair, Chair
Board of Adjustment
,
Ann Lazzeri, Secretar
Board of Adjustment
CERTIFICATE OF RESOLUTION
~Q)~11
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 24th day of Januarv 2008.
CASE NO: WA-07-20 (C)
APPLICANT'S NAME: Phil Benallo
LOCATION OF INTERPRETATION: 6088 West 39th Place
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number W A-07 -20 (C)
is an appeal to this Board from the decision of an administrative officer and in recognition that
one protest was registered against it; and
WHEREAS, the property has been posted the fifteen days required by law;
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number WA-07-20 (C) be, and hereby is APPROVED.
TYPE OF VARIANCE: A IS-foot side yard setback variance from the 30-foot side yard
setback requirement when adjacent to a public street resulting in a IS-foot side yard setback
requirement when adjacent to a public street resulting in a IS-foot side yard setback (Ingalls
Street).
FOR THE FOLLOWING REASONS:
I. There are a considerable number of substantial encroachments in this neig'hborhood
within one block ofthis property.
2. There are seven other large residential structures within one block of 6088 West 39th
Place. All are in the Residential-Three zone district.
3. There is no living space above the over-height bay.
4. Staff found the first variance criterion has not been met and the Board concurs.
5. Staff found that the second variance criterion has been met and the Board concurs.
6. Staff found the third variance criterion has been met and the Board concurs.
7. Staff found that the fourth variance criterion has been met and the Board concurs.
Board of Adjustment
Resolution W A-07-20 (C)
Page two (2)
8. Staff found that the fifth variance criterion has not been met and the Board concurs.
9. Staff found that the sixth variance criterion has been met and the Board concurs.
10. Staff found that the seventh variance criterion has been met and the Board concurs to a
degree.
11. Staff found that the eig'hth variance criterion is not applicable and the Board concurs.
12. Staff found that the ninth variance criterion is not applicable and the Board concurs.
13. Several neighbors testified in favor of the variance.
14. Lowering the west wall, thus increasing the pitch of the west roof, would be more
impactive than the proposed height of the encroaching wall.
WITH THE FOLLOWING FINDINGS:
I. This variance is not on a lot line immediately abutting neighbors' homes.
2.
3. This structure sits on a small parcel with two street corners resulting in three setbacks
from streets.
4.
5. There are seven large multi-family structures within one block of this parcel, therefore
this is not necessarily a small single-story, single-family neighborhood.
6.
7. Many other substantial encroachments in the setbacks within the neighborhood exist,
some of a greater magnitude.
8. Design constraints were imposed.
9. Single family use is being retained on a Residential-Three zoned lot.
10. It can be argued that completion of this structure in this neighborhood works in several
ways toward the goals of the City's Neighborhood Revitalization Strategy.
11. Lots across 39th Avenue are elevated above the site in question thus offering some
mitigation to view plane encroachment caused by the variance.
. "
Board of Adjustment
Resolution W A-07-20 (C)
Page two (3)
WITH THE FOLLOWING CONDITIONS:
I. The addition will be built consistent with the applicant's Exhibits 5, 6 and 7.
2. All existing outbuildings and temporary structures will be removed prior to issuance of a
Certificate of Occupancy.
3. A brick wainscoting three feet in height matching the original home will be provided on
the 39th Street elevation to lessen incongruities and visual impacts caused by the variance.
4. Any outdoor lighting attached will generally meet Dark Skies concepts in retaining
lighting leaving the property to a level that will cause no annoyance to neighbors.
5. Upright bushes or trees, as approved by the city, will be planted along the Ingalls Street
frontage to lessen incongruities and impacts caused by the variance.
VOTE:
YES:
ABSENT:
NO:
ABBOTT, BELL, BLAIR, BUCKNAM, PAGE,
LINKER, HOVLAND HOWARD
None
DISPOSITION: A request for a IS-foot side yard setback variance from the 30-foot side yard
setback requirement when adjacent to a public street resulting in a IS-foot side yard setback
requirement when adjacent to a public street resulting in a IS-foot side yard setback (Ingalls
Street) was APPROVED.
ADOPTED and made effective this 24th day of January, 2008.
;e-e--e~~
Robert Blair, Chair
Board of Adjustment
~<~~~
Ann Lazzeri, Secretary
Board of Adjustment
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PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
January 24, 2008
Case No wa-07-20 An application filed by Phil 8enallo for approval of (A) an
ii-foot front yard setback variance from the 3D-foot front yard setback
requirement resulting in a 19-foot front yard setback (391h Place), (8) a 15-foot
side yard setback variance from the 3D-foot side yard setback requirement when
adjacent to a public street resulting in a 15-foot side yard setback (Ingalls Street),
and (C) aiD-foot rear yard setback variance from the 3D-foot rear yard setback
requirement when adjacent to a public street resulting in a 20-foot rear yard
setback ~391h Avenue) on property zoned Residential-Three and located at 6088
West 39t Place..
Name
Address In favor/Opposed
60S0 wY9!f A e
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G/2-<ZIJ5r1.71e.V,Ct((O I~s-('le'l"'-('R-tek..D"-,,,~ Oe'fJ"~ eo .:Eth.u<'e-
f))//.!.. !3e'A.;.4(!tS 66,5/5" /1.) -qCj """'B-p 1_ Wl/-eit7/!/iJ&r' J...YJ f-At!t7~
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Jan. 22, 2008
J<~7~ ;/Lf-o ~ f'v-~
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7311 Braun Way
Arvada, CO 80005
City of Wheat Ridge
Planning Division
7500 W. 29th Ave.
Wheat Ridge, CO 80033
RE: Case No. WA-0-7-20
Following are my comments regarding Case No. W A-07-20.
As property owner of an adjacent property (6090 W. 39th Ave.), I am not opposed to an
addition to a single family home. However, a 33% to 50% setback variance on three
sides of the property at 6088 W. 39th PI. seems excessive.
The proposed variances seem to allow for a building to land ratio that is out of proportion
with most of the surrounding houses in the neighborhood. In addition, not having at least
one setback of 30 feet is out of character with neighboring homes.
It would seem that an addition could be built with an allowable variance on one or at
most two sides; or a much lesser variance on all three sides.
I am also concerned the variances, if allowed as is, would permit the future building of a
sizeable multi-family unit in an area of generally small one level homes. Again, the
building to land proportion would be out of character, and as such, a detriment to the
neighborhood.
Thank you for the opportunity to comment.
~ G- ~'\'--
S. A. Burson
Jan. 22,2008
~l
~
7311 Braun Way
Arvada, CO 80005
City of Wheat Ridge
Planning Division
7500 W. 29th Ave.
Wheat Ridge, CO 80033
RE: Case No. WA-07-20
Following are my comments regarding Case No. W A-07-20.
As property owner ofan adjacent property (6090 W. 39th Ave.), I am not opposed to an
addition to a single family home. However, a 33% to 50% setback variance on three
sides of the property at 6088 W. 39th PI. seems excessive.
The proposed variances seem to allow for a building to land ratio that is out of proportion
with most of the surronnding houses in the neighborhood. In addition, not having at least
one setback of 30 feet is out of character with neighboring homes.
It would seem that an addition could be built with an allowable variance on one or at
most two sides; or a much lesser variance on all three sides.
I am also concerned the variances, if allowed as is, would permit the future building of a
sizeable multi-family nnit in an area of generally small one level homes. Again, the
building to land proportion would be out of character, and as such, a detriment to the
neighborhood.
Thank you for the opportunity to comment.
0- G- ~---
S. A. Burson
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
CASE MANAGER: Meredith Reckert
CASE NO. & NAME:
WA-07-20/ Benallo
DATE: January 17, 2008
ACTION REQUESTED:
A 10' rear yard setback variance, a 15' side yard setback variance and an 11' front
yard setback variance
LOCATION OF REQUEST: 6088 W. 39th Place
APPLICANT (S):
OWNER (S):
Phillip Benallo
Gerald Benallo
APPROXIMATE AREA:
10,375 s.f.
PRESENT ZONING:
Residential- Three (R-3)
PRESENT LAND USE:
Single family residence
ENTER INTO RECORD:
(X)
(X)
( )
CASE FILE & PACKET MATERIALS
ZONING ORDINANCE
SUBDIVISION REGULATIONS
( )
DIGITAL PRESENT AnON
I Location Map
JURISDICTION:
All notification and posting requirements have been met; therefore, the there is jurisdiction to hear this case.
1
W A-07-20/Benallo
I. REQUEST
The applicant is requesting approval of a three fold variance request in order to construct an addition to the
existing single family home on the property. The individual requests are as follows:
1. A 10' rear yard setback variance from W. 39th Avenue (south side) resulting in a 20' rear yard
setback.
2. A 15' side yard setback variance from Ingalls Street (west side) resulting in a 15' side yard
setback.
3. An 11' front yard setback variance from W. 39th Place (notth side) resulting in a 19' front yard
setback.
This case began as an administrative variance request but was denied as one letter of objection was submitted.
II. SUBDIVISION mSTORY
The property was subdivided as Lot 7 of Harlan Court Subdivision which was approved by the Jefferson
County Commissioners in 1951. The subdivision originally contained 10 lots. W. 39th Avenue runs along the
southern boundary of the subdivision with W. 40th Avenue running along the northern limit ofthe subdivision.
Abutting the subdivision on the east is Harlan Street with Ingalls Street on the western perimeter. All of the
"local" streets dedicated with the subdivision (40th Avenue, 39th Avenue and Ingalls Street) are 40' in width
which is substandard in width to today's 50' standard for local streets. (Exhibit 1, Harlan Court Subdivision
plat) Harlan was dedicated to the half width of30'.
It appears that Lots 3, 4, 7 (subject property) and 8 were further resubdivided subsequent to original plat
approval. (Exhibit 2, Assessor's parcel map) Staff has not been able to ascertain when this occurred.
Aside from two five-plex structures on the Harlan frontage of the subdivision, the majority of the homes are
single family ranch-style construction built in 1952. Another exception would be the structure on lot 9 which is
a two story "farm house" built in 1923 broken into four multiple units with a carport connection to a four-unit
structure built in 1963.
At the time of construction of the majority of the homes, a private "alley" was built along the interior of the
common shared lot lines of the subdivision. This "alley" was privately owned but named W. 39th Place. Many
of the homes built "fronted" this interior roadway and at some point, were addressed to it. (Exhibit 3, aerial
photo)
The private roadway known as W. 39th Place was not built to the City's standard road construction section for
width and pavement thickness and was inadequately maintained by the homeowners. In 1987, the subdivision
residents approached the city to inquire about dedication of this private roadway. In 1988, W. 39th Place was
dedicated to the City Council by a "dedication plat". (Exhibit 4, W. 39th Place Roadway Dedication Plat)
There is existing "Honywood" curb with an attached sidewalk along an of the street frontages in the area.
Pursuant to the R-3 zone district regulations, front, side and rear setbacks from public streets are required to be
30'. Dedication of39th Place as a public street resulted in the creation of numerous nonconforming setbacks in
the subdivision. Any new construction must meet the required setbacks.
III. CASE ANALYSIS
2
W A-07-20/Benallo
The applicant, Phillip Benallo, is requesting the three variances as the representative of the property owner,
Gerald Benallo (his father). The property is addressed as 6088 W. 39th Place and faces notth. Ingalls runs
along the western side property line and W. 39th Avenue runs along the southern rear property line. The
applicant lives in the home and wishes to construct an addition to the residence to accommodate his father.
(Exhibit 5, site plan)
The R-3 zone district allows for single family and two family dwelling units as well as multi-family dwelling
units and accessory structures. The property measures approximately 100' x 104' with 10,375 s.f. of total land
area. The property would be able to accommodate a duplex as it exceeds the 9,000 square foot minimum lot
size requirement and the minimum lot width of75 feet for a duplex. It is not large enough to accommodate a
tri-plex.
The R-3 zone district allows for maximum lot coverage of 40%. Based on a lot size of 10,375 square feet, 4150
square feet of lot coverage is allowed. The proposed single family home with addition will be 4150 square feet
or 40% of the lot if developed as proposed. The home meets all other development standards including the
interior side setback and maximum height.
The existing home is single-story brick construction. It faces notth onto W. 39th Place (formerly the private
street). A single car garage is provided on this northern face as well as a shed which violates setbacks. The
existing setback on the north side is 29'. The southern elevation of the structure faces onto W. 39th Avenue.
There is an existing double car driveway with a covered patio area. There is also a metal carport structure
which does not meet setback in this area. The western portion of the yard where the addition will occur is
landscaped with sod and upright junipers. The existing setback on the south is 45'; however the covered porch
and carport extend into the required 30' setback.
The proposed addition will be two-story and will include another bedroom and bath intended to be used by the
father and a large family room all on the first level. The second story will include a master bedroom and bath
and a loft area.
A large garage/shop area measuring 27' x 66' (1782 s.f.) is also proposed on the bottom level ofthe addition.
The westerly garage door is high enough to accommodate a recreational vehicle. The addition will be stuccoed
and roughly 21' in height at mid-roof. (Exhibits 6 and 7, house elevations)
In 2007, the applicant submitted an application for approval of a lot consolidation to reassemble the two halves
of the lot which were resubdivided subsequent to original subdivision approval. A lot consolidation plat was
recorded on November 20, 2007 which reassembled the two lot portions back into a single parcel. (Exhibit 8,
lot consolidation plat)
One letter of objection was received in response to the administrative posting and noticing. (Exhibit 9, letter)
III. VARIANCE CRITERIA
In order to approve a variance, the Board of Adjustment must determine that the majority ofthe "criteria for
review" listed in Section 26-1 15.C.4 ofthe City Code have been met. The applicant has provided their analysis
of the applications compliance with the variance criteria. (Exhibit 10, applicant letter) Staff provides the
following review and analysis of the variance criteria.
3
W A-07-20IBenallo
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in which it is
located.
If the request were denied, the property may yield a return. The western portion of the property
currently is vacant and would accommodate an expansion of the existing single family residence or the
addition of another unit. If denied, the applicants would stilI be able to construct a house addition on the
lot but it would have to meet the 30' setback requirements on the notth, south and west,
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. Several homes and other structures
in the area violate the 30 foot front, side and rear setback requirements. The number of nonconformities
greatly increased when W. 39th Place was dedicated as a public street. (Exhibit 11, aerial with 30'
setback overlay)
Although the addition is two stories in height, the general appearance and construction materials will be
consistent with other homes in the neighborhood.
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 that will result in a positive outcome.
The investment in improving this lot wilI substantially increase the value of property and could increase
the value of neighboring properties.
Staff finds 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.
Although the property is rectangular in shape and is flat, there are unique conditions related to the
physical surroundings that hinder the developability of the vacant portion of the property Double-
fronted lots (lots with streets along both the front and rear property lines) are prohibited in the
Subdivision Regulations. It is highly unusual to have a lot that has three street frontages. Given 30'
setback requirements on three sides, only 900 s.f. of the western portion of the lot is buildable.
At least six of the 11 lots in the subdivision have nonconforming setbacks adjacent to streets.
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.
4
W A-07-20/Benallo
The original owner of the property was the applicant's grandfather. Gerald Benallo, the applicant's
father, was one of the petitioners requesting dedication of39th Place.
The applicant has created his own hardship by proposing such a large addition.
Staff finds this criterion has not 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.
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 an effect on property values in the neighborhood. The home would not cause
an obstruction to motorists on the adjacent street and would not impede in the sig'ht distance triangle.
Staff finds this criterion has been met.
7. The unusnal circumstances or conditions necessitating the variance request are present in the
neighborhood and are not unique to the property.
There are unusual circumstances which impact all of the homes in this subdivision due to the public
dedication of 39th Place and the 30' required setback. The neighborhood is unique in that there are a
large number of nonconforming setbacks. However, none of the homes have encroachments to the
extent of this application. The addition could be reduced in size, lessening the need for such extreme
variances.
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.
5
W A-07-20/Benallo
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff has concluded that there are unique circumstances due to the property having three street frontages,
however that the extent of the requests is excessive. There are alternatives such as reducing the size ofthe
addition, lessening the need for a variance on at least one side. For these reasons, Staff gives a recommendation
of Denial for variances on three sides.
Staff would support the variances on two sides with the following conditions:
1. The addition be built consistent with the applicant's Exhibits 5, 6 and 7.
2. All existing outbuildings be removed prior to issuance of a Certificate of Occupancy.
3. The existing driveway on the south side of the home be removed prior to issuance of Certificate
of Occupancy.
4. A brick wainscoting three feet in height matching the original home be provided on all three
street elevations.
6
W A-07-20/Benallo
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F')iOT_ECTIYJ~_ C;QVENAJ\jL'i
jJ. No building Or s"uclure sholl be erected, placed or oltered
on ony building plot in Ihis sUbdivis;on"n/,'/ Ihe buirding plans,
sp~cifico,jons and plot plan showing the loce//on of such building or
structure ho\'. bun approved in wrilinQ os to genefc/ p!<11l and
external design olld os 10 {"CIHian 01 the builaing or structure
with respect 1<1 properly and setback lines by 'he subdivider or
his legally' oppoiMed ogenl, successor, "e;r of ossig,~.
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B. No no.dous or offensive trode or acliv;ly sholl be aondvded
upon ony lat nor shall onythi,ng be done thereon ...hiah may be or
become on annoyance or ntJl~once 10 Ihe neighborhoOd.
C. No dwellinfl sholl be erected OT permifted Dn (Jny 101 with (J
ground floororeg, exclusiv," at one-story open porches and qaraqes,
tess fhan 720 square feel for slngle-sloTY .tr'-'ctures or less 'hon
650 squore feel tor m!llfi-sfoTY strllcluTes
D. No Jursement, lenf, shock, garage, born ,ir 'raifer, or any other
outbuilding Shalf be occupied or used as a 'es,dence '",mpororily
or permanently, nor sholl any lempOTorr st'ucfu'e be oecupied as
a 'esldenee except by spBcil1l writtan permission from Ihe subdi,;_
ide,s 'or II perl'ld net 10 exceed s;" monlns during const,uclion
of permone"f build!llg~
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E. An easemeM 15 feel wide is reserved 'llong 011 re<lr 101
)1<le5, and 5 feet wide o-Iong 01/ side lot lines for ,,/llIty
inHatla.ian and maintenance. A righl.af-way is reSerVe!! for
itriglllion eli/ChI'S shown o,,'the plat.
F. These cceenonts rUn with Ihe land and .."all bind aUport;es
claiming under them unti! Januory I, /971, at whiCh rime 'hey
sholl be automatically eJltended far successive I",n.year periods.
unless by a .ole of tile owners or a majorily of Ille lots said
~avenants 'lre tllen changed in whole or in part.
G. InvalidoJion of ony of Mese covenants by JudgmeM
Courl Order $flall in no ""ise afte~1 any of Hie olher
(TTo.'slans ...hleh sholl .temain ill full force o,'d effect.
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DEDICATION
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KHOW ALL "EN BY THESE -PRESEHTS;
THAT lf~ TH~ VNO~F1"SIIl[O, Eaward C, YOllrel!, Own".' of 011 of t~o following ~f$crilHd I/ecl nc"p' ~J acre in f~e SI!'
cllff..r; T"~ 5'hNEIJ.SEV.SW'I.OF StCTlON 2:4, T35, R l>9W OF 'H~ 6~H P.M., If..H C"OS~O TH~
,..,.~ To eE LAJa .O'UT. SUB-DNfOtD AND PUTTED lKTO Lars, STREETS ANI> AHKIIU OKDU TNE KAIlE
OF HARLAN COURT AS SH"ION ON T~E "CCo"/'ANr'l(& ....,,; 0101> U rHESE /'~fSEHTS OD &F1AN1
AND ~ONvn To THE CO"NT~ of JEHE~SO", '10 FIE ""PLE, FOR r~( I,/S[ OF TilE "UH'C,OLL
OF THE STJt(EYS SH"II\( aN U'" ..AI'.
tN WfTNESS WHEREOf' "-E~HE"E~EII"TOSU05~~j6rl> OV. "AllDAND SEA. TIlIS.~I/A,."f
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SUrE DF (:OLotIAlIO }
GOUIIH "F JE"nllOM ..s.
~"RLAf\I COURT .AS AG~KO.fLEOGEO
Ed..-ord C.Y""roIJ
Till: MOIII
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APPROVALS
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ANo --FOIIEMINI IMP
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NOTARY PUBLIC
APPROVED 81' TilE JEFfERSON COUfHY PLANNING BOARD 1KfS ..)0"''' ~y
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CHA'IIIitAN. /rj;/ //. .....#;2. /' Sruu,"",Z /I
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TilE 'a"~j>(I"f... "'~r '5 APPROYEO fOIl fH.J~ AM!' <;ONVEYANGE Clf 1'l4 POILI(: WOr1l, _ ANO
sTlllUJ, SKOlfM T~lKOfl fS AeeEPTn I' THI COUIITT lV' Je"',fllllOllo COl.ellAJ)O, rN~ -4-- l1<lY OF
~"-- "'f, sl,/._r 10 T"E I'OI.U"''IfIIf eo""m_i T. c-T .AU. 111111I:11-
un(~ ..AJN.fflI,lNCE OF "NY SlIGH PUIU.JC W...., .1IOAf) 011 "'lInr "IILY UTE" eO_TlON ""
SIIGN _, ltOoAII OIl STlt([1 ""S IUN 3A1'IS'''CTORIU 'OIolPLETm 8V THI: SUIOlVlIlfFlS.
BOARD OF COUNTY COMMISSIONERS
c1= .t~.~f:;"-,_,"tI<~_
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Cl-ERK Alie RECOROElf5 CERflF,.cATE
,A'U"TEl) 'O~ flUNG 'N TIIf.
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OFFlGEllf TNE JI:....!IISOII
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ENGIHEER'S.__..CERTlFICATE
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I. P.H,HOllltJ$, RUfSHlIEII CIVIL Etl6fHEER IN TNE STATE 01' -COI.O/UlJO, 00
HE"ElIY '("7'''1 7N4T TIfE 5v".ET Of HARI.AN COURT W..S ""DE O"OE~ IIY
SIlPEJlVfSJON,,,IlD 1H41 TNE AC'alolPA"YrHG PLat T"OI.~ AlfO Pft~'~<tJ'.';~SOfD
901lIIVfSfIlN. // :zL~"'" ~ . _
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REG1STiFlED C,y ENGllf~I:JI
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SUSSCRIUO A"ll SWORN TO 'E>OllE fIlE
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MY CO"'USSfOH EXPfRE5~~jf't.r'l___
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EXHIBIT 1
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EXHIBIT 3
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CITY OF Wh'EATIi'/OGE, ./EFFE/i!G'OJlCOUun: STATE or CVL0A;:400
LOTS ~ ~.5j ~ ~ ~.9 AlltJ 10 I/IC'LUS/VE
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DIOW ALL IlZK 1'1 tllESE RESENtS; nlii WE TBt UllDERSICIIEll. 0IillEaS OF LOtS...oa PJ.l.TS or LOtS lIO'S 1, 2~ 3. 4. 7. 8. 9. AIlD LO UICLllSIVI OF 1l.Ul-..Ul: COUI:'l
SUlDIYISIOlf. CIt'Y OF-llIIU.tI..UlGe, JErnasow COUIttY. SL\TE OF COLOL\DO, RA'l! LAID our TlIE sootll' 19.26 FUror LOTS t, 2. 3. AlIIl 4 INCl.. AND rm: IlOttII 20.74
FE!tOrLOTS 7. 8. 9, AID tOIIICL. 'lOllEDICARA40POOTII1D!UClI1:.,or-w.rFOlAstlUTASSlICMIONTHlS PLAT.ulDIJYTlIPEPRESDltsIlOGRAHTAXDCOII'lEY
to 1'lIECITY.or WlllAttlDGE,COLOlAPO. IN fZ! ~IMPLE. PO. '11IE lJSl OF TB! PUBLIC.
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DANIELE IUCHTE1I. \ll:lLO'l:4 _ '" ~ DO~CmlnTlL\T11ltRllSOtfSIlBOSE~APPEARMIOv!;.AlIDWBO..uE
P!RSONA1.LfDlOllll to lIE, APP'tAUII BUOIlE lIE. III P'ERSOII'. AMD ACllIIOI/LEIlGE
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GIVEN OWDEIl KJ EWm All\') IIOTARIAL SEAL TIllS
1988,
KJ r.oMU5S-10!l ElPIRts /D-;z..:L~91 .
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tlOTARYP'UILIC
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.
JAIlELYNS. UCIl:rU.
CEllALI)M.IEHALLO
Wit LOT 7
EilLOt7.
w\l<[l:!LOT 7
I<< ADIlIlESS IS ,4D 7s-"
// (..f
p.-.:.;.t; .;;.....
GEltALDIt.1l!:HALLO
DOLOittSI.IlEIlALLO
JEmRYL.WlIITE
KAIlDlR. UGGIlIS
w; co>. =c,':~j:r.
DOIfIlAIl.WEG'IlAN
N
~ WEST 401/1. AVENIJE' ~
~' /,,~, 3D'
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J./EREt;y OE/)IC~TED "1.0 '"'t;
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EIIGIIlEEIlS CUTlFlCATE
I, EUGENE L. P'AI)Oll, A I\f:GlStEUD P'lOrtsSlOlW,- ElIGll1ED. AIQl LAtlD- SUllYE'tUl III THE STATE OF COLOlVdlO. IlERElIY CtliTlFICATES THAT TIl! STUn AS
SIlOWllASW39thP'LACEWASSUkVEYEDIlYKEOllTllECROlllItlAllDTllATTHESIllEIIALXS,CURlS, GlITtERS AND ASPlIALT P'AVEllENT1.IES.II1T1l1N TIl!RICll'1:-<lF-llAY
AS P'LATTED All\') THAt TIlDE WAS 110 PI!-IVATE Stll.UCTIJUS E:lfCROAClllNG IIfYO Tl!E STkUT RlGIIT-<lF-WAY" ~"L t.. _
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UG.COLO.P.t.&L.S.2065
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/:J /0 U
: SECREtARY
~p 1: ~J+,"",,",
APPkOVED OEPAR1lUlIt OF PURIC WOMS
~L.4- /""..-L I "[UC'IOR
'.
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APPlq1'EJ)BYTKECIrrCOUNCILOl'Wll!ATI!.IIH;t,OIlTI!E
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ll!COU/!l'S CEl.ttfICUE
113(J63/6)'
h~eption No.
AeCf1'UD POl nLllfG 01' tEE omc! OF Tlll!: COUKTr CI..EU ,\lID lXOOJDn
or.n:rFEUOIlCOUln'YUGO~,.COLOlVdlO-OMot'ITHIS~DATOf
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EXHIBIT 4
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WEST 39th PLACE
RIGHT-Of-WAY
Na9 *53' 07" E
r- - - -1! 'j' - -1- - - -,ROPE.miNE - - - - ---+--
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LIYIN:;:; SPACE. J.el)2 SGl.FT
TOTAL FOQ1PR'NT . un, 5(;1, FT.
=
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i (6,3480PENSPACE-62%) I I I
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PROPERTY LINE ;"'11 I
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,
I
LOT 8
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N
WEST 39th AVENUE
40' RIGHT-Of-WAY
SITE PLAN
1/8"; 1'-0"
LEGAL DESCRIPTION:
WEST 112 & THE EAST 1/2 OF LOT 7, HARlAN COURT
LOCATED IN THE SOUTHWEST 1/4 OF SECTION 24,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON. STATE OF COLORADO
EXHIBIT 5
The_.~_
specilications
rept8SGnledherewitlOnlll'll
~ndshal
remainlheso/epropectyot:
Philip & Sharon 8enallo
--
napsrtlllereaf6hanb\lusecl...
copied witIIouIwrIIl8n approval
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EXHIBIT 6
Tlleicleas,dllsignsancl
specifications
I'8Ilf8$III1lodlwullll\tklare
.......
f9lT\81n the sole properI:yd.
Philip & SharonBenallo
---
00 part lherllofllhall be used
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EXHIBIT 7
Tbeid8ss,designsand
sp&eificalions
I'llPf'8SElnledhef&wlthln!ll'll
."'...
remain tII8 $Ole propeiIYof:
Philip&SharonBenalkJ
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OWNER'S CERTIFICATE:
a'.2~~~~Of'REAlIlflM'EllTYClltttAI~
~~~t~~~cJbP-o~ COlIll,
""
:~F~"l~y~cJbRo'W"" COUll.
~~
aTATE OF Clll.llRADO }ss
"""'"........
TtfEFOIlf(lOI....INSTRllIlENTIUiS~lIEFOAElE
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CITY cERnFICATION:
APPAlIYEOTKESc q""ft.'(OF~-&'''4..f~....
CtTYOF'olIEAT~
METES fil 6Ot.INJS LEGAL DESCRIPTION:
TJ!..!!W..sa.~ M. EAST 112 <<' L.IJT 7. tWUNll!!!!lT.-..... .
tY~~NSAPAlfrOFTtEsl;RK.~/4
l~tIl'"M6.J(~.M.. ...P~~~ASFDl.LlIIIS;
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PUI:13ii!j2.ClfTtEMXlnt.AIfJ'8'I'A3' .JlIJ!l 0!ClM!:J<<lATti,
IJillAU. RARX_t:GNT"bi!DftElEIN. TtEJlf:TO.
Le. iI~
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..
A Final Plat Consolidating the West 1/2 & the East 1/2 of Lot 7, Harlan Court,
Located in the Southwest 1/4 of Section 24,
Township 3 South, Range 69 West of'the 6th P.M"
City of Wheat Ridge. County of Jefferson. State of Colorado.
Sheet 1 of 1
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W. 39TH PLACE 40' RIGHT-OF-WAY
(39TH PLACE ROADI'IAY DEDICArION PLAT REe. NO. 88063162)
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---
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aENEAAL. NOTES:
~OF~ MEASTLDEOFl;€5IlU1'IQSTU<l0f''JIE
11.04 OF IETJ~~.. '!llINBIlIP 3-SOUlH. IlAH&E liS !!Prr.!!F
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~~5UA~ICl<<IIlI"'V~~~~oriAKY
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etmif TO ,tf~~/lUIPT'COHSttTUTES A8A1!ENBiT jy';;E
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71fHEZONIOOOFTlEPIIOP2flTYI&R-3,PERC1TVOFI!HEA.TIIIlllEZllNIJIQ.
SURVEYOR'S CanIFIG"re:
COl.MY CLERl< AND REtOflDEflS CfATIFICA TE:
llSlE8VceATIFYTHlTTtllSI'UTUSFIL.ElJl~TlE. ~.'.~.'..'~'
CDlIlTYCI.ElIl<4'lOAS:ORllEROF..eFFERSDNCIlUIfTYA!j,." ::.",:>--.
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"""""'"
JG0.07~3
EXHIBIT 8
--
12/13/2007 7:24 PM FROM: Fax TO: 3032352857 PAGE: 002 OF 002
Dec. 13, 2007
7311 Braun Way
Arvada, CO 80005
City of Wheat Ridge
Planning Division
7500 W. 29th Ave.
Wheat Ridge, CO 80033
RE: Case No. WA-07-20
Following are my comments regarding Case No. W A-07-20.
As property owner of an adjacent property (6090 W. 39th Ave.),] am not opposed to an
addition to a single family home. However, a 33% to 50% setback variance on tbree
sides of the property at 6088 W. 39th PI. seems excessive.
The proposed variances seem to allow for a building to land ratio that is out of proportion
with most of the surrounding houses in the neighborhood. In addition, not having at least
one setback of 30 feet is out of character with neighhoring homes.
It would seem that an addition could be built with an a\lowable variance on one or at
most two sides; or a much lesser variance on all three sides.
I am also concerned the variances, if allowed as is, would permit the future building of a
sizeable multi-family unit in an area of generally small one level bomes. Again, the
building to land proportion would be out of character, and as such, a detriment to the
neighborhood.
Thank you for the opportunity to comment.
'~_G.:... ~
S. A. Burson
'EXHIBIT 9
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat Ridge
Variance Criteria for Review
Staff uses the set of criteria listed below to critically evaluate a variance request when they are performing
their review. Applicants must also submit a written response to each of the applicable criteria with their
application for a variance. The criteria listed below are applicable to all variance cases with the exception of
the final two criteria, which are not applicable for variances for properties with single family and two family
dwelling units. The responses must reflect why a variance should be granted. The community development
director, board of adjustment, planning 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
results in a particular and unique hardship (upon the owner) as distinguished from a mere
inconvenience.
E. If there is a particular or unique hardship, 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 ofa person with
disabilities.
1. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
EXHIBIT 10
QUESTIONAlRE FOR VARIANCE CRITERIA REVIEW
FOR 6088 WEST 39TH PLACE
A. Subject property would not yield a reasonable return, service or income
if not permitted for variance applied for due to minimal square footage
of existing dwelling (806 square feet, two bedrooms and one bath). The
approximate 10,600 square foot lot can and should be used to accommodate
a more serviceable residence.
B. The proposed application for variance would not alter the character of the locality
as the neighborhood has much larger homes both single family and duplex/tri-
plex/four-plex type housing. Proposal will enhance the character of this area.
C. Yes, the applicant is proposing a "substantial" investment in the subject property
which would not be possible without the proposed variance.
D. Subject property does present particular and unique hardships upon the owner due
to lot being somewhat of a peninsula; as subject is surrounded by tbtee streets,
39th Place on the south, Ingalls on the west and 40th on the north. The setback
requirement due to said three streets creates an extreme hardship on owner as
these restrict and/or limits improving the serviceability of subject property.
E. The unique nature of subject property does create a hardship on current owner.
Current owner has not created hardship, as unique nature of property location
being sided by tbtee streets was created apparently by original developer in the
1950's.
F. Definitely, the proposed variance would not be detrimental to the public or be
injurious to other property or improvements in the neighborhood. In fact the
proposed variance would be advantageous to the neighborhood by improving the
neighborhood values, site usage specific to subject property by updating and
improving subject property value. No additional congestion on public streets will
occur with this variance as the proposal improves existing residence and does not
substantially increase number of occupants at subject property. Applicant has
letter from local fire jurisdiction with no conflict to proposed improvements and
no endangerment to public safety will occur.
G. The neighborhood due to age is quite unique in it's self and the unusual location
of subject property requires said request for variance. Applicant does not believe
the variance request is unique to subject property.
H. N/A
I. N/A
(- N
EXHIBIT 11
,,~J..
~ ~ City of
,WheatRLdge
CERTIFIED LETTER NOTICE
January 10,2008
Dear Property Owner:
This is to inform you of Case No. W A-07-20 which is a request for approval of I) an II foot front
yard setback variance from the 30 foot front yard setback requirement resulting in a 19 foot front
yard setback (39th Place), 2) a IS foot side yard setback variance from the 30 foot side yard setback
requirement when adjacent to a public street resulting in a IS foot side yard setback (Ingalls Street),
and 3) a 10 foot rear yard setback variance from the 30 foot rear yard setback requirement when
adjacent to a public street resulting in a 20 foot rear yard setback (39th Avenue) on property zoned
Residential-Three (R-3) and located at 6088 W. 39th Place. This case will be heard by the Wheat
Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th
Avenue on January 24, 2008, at 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or submit
written comments. Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-
2826 at least one week in advance of a meeting if you are interested in participating and need
inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at 303-
235-2846. Thank you.
Planning Division.
W AOnO.doc
CITY OF WHEAT RIDGE MUNICIPAL BUILDING 7500 W 29th Ave Wheat Ridge, CO 80033-8001 p.303.234.5900 f 303.234.5924
www.ci.wheatridge.co.us
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
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- PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
---.-. WATER FEATURE
. DENOTES MULTIPLE ADDRESSES
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o 100 200 !(XI 400 f<'d;
(
f":":l 100-YEAR FLOOD PLAIN
~ (APPROXIMATE LOCATION)
DEPARTMENT OF
PLANNING AND DEVELOPMENT
MAP ADOPTED: June 15,1994
Last Revision: September 10, 2001
CJA--(J7-~O!~ ~?)fr I! 61--//0 Y IE-
CALVIN D MARBLE F AMIL Y WEBB DUANE
JARVIS RANDAL L TRUST DTD 3/29/85 FLYNN GREGORY S
6l40W.41STAVE PO BOX 5669 1275 FRANKLIN ST
WHEAT RIDGE CO 80033 SANTA BARBARA CA 93150 DENVER CO 80218
7006 3450 0002 4529 1404 7006 3450 0002 4529 7006 3450 0002 4529 1428
1411
MEIER GLORIA YOUNG ZIMBELMAN EARL W KNAPP DANNY L
MEIER LARRY ZIMBELMAN MARY SUE KNAPP BARBARA
6045 W. 40TH AVE 2601 W,52NDAVE 6025 W, 40TH AVE
WHEAT RIDGE CO 80033 DENVER CO 80221 WHEAT RIDGE CO 80033
7006 3450 0002 4529 1435 7006 3450 0002 4529 144<, 7006 3450 0002 4529 1459
CARTER SAMUEL F
MOLENAAR CRAIG EICHELBERGER CHAD A CARTER LILLIAN M
7395 W. 47TH AVE 4030 JAY ST 3855 INGALLS ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
7006 3450 0002 4529 1466 7006 3450 0002 4529 1480
CARRASCO MATTHEW J
CARRASCO NATALIE N
3860 INGALLS ST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1497
WEGMAN DONNA M
WEGMAN LEE S
6080 W. 39TH PL
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1527
JARVIS GEORGE L CO TRUSTEE
JARVIS NEDINE K CO TRUSTEE
13260 W. 16TH DR
GOLDEN CO 80401
7006 3450 0002 4529 1558
SCANLAND NANCY A
SCANLAND mDITH A
6095 W. 39TH PL
WHEAT RIDGE CO 80033
7006 3450 0002 4529 158~
JAMES BETTY ANN
6060 W. 39TH PL
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1619
SCHAU~RL
7135 M C
MONTI . 960
7006 3450 0002 4529 1640
BARAN ALFRED S
BARAN MARGARET S
2718 LOGAN DR
LOVELAND CO 80538
7006 3450 0002 4529 1671
BURNHAM LISA ANN
6005 W. 39TH AVE ~-G'EC""
WHEAT RIDGE CO 80033;';:7 0 ~
7006 3450 0002 45 '1J 6 ~
1688?E? . . 2008 '.
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7006 3450 0002 4529 147~
YANKO DIANA H
3965 INGALLS ST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 150?
MORA JOSEPH A
MORA GLORIA D MAREZ
3985 INGALLS ST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1534
HAZEN WAYNE W
2655 VAN GORDON DR
LAKEWOOD CO 80215
7006 3450 0002 4529 1565
VERNON JAMES STANLEY
VERNON JANICE M
901 GARRISON ST
LAKEWOOD CO 80215
7006 3450 0002 4529 1596
WINGER NONA K
300 DENNIS ST
MONTr, V
v
7006 3450 0002 4529 1626
HOFMANN JAMES H
HOFMANN mLIANNE
5900 CHERRYWOOD CIR
CENTENNIAL CO 80121
7006 3450 0002 4529 1657
CUl:SLbN lL &. ,:')iJ..:,.L-U'-l~o..) LLv
6005 W,
WHEA
7006 345
3
4529
J:lENALLO GERALD M
5885 CLEAR CREEK DR
DENVER CO 80212
7006 3450 0002 4529 1510
. SHEA DWIGHT T JR
SHEA BETTY M
6035 W. 39TH PL
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1541
BROOMFIELD LENDING LLC
PO BOX 1224
BROOMFIELD CO 80038
7006 3450 0002 4529 1572
MORTON AUSTIN W LIFE ESTATE
4020 JAY ST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1602
CALDWELLLAWRENCED
CALDWELL YOLANDA C
4004 JAY ST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1633
BRETONPAULK
BRETON NANCY T
6040W.39THAVE
WHEAT RIDGE CO 80033
7006 3450 0002 4529 1664
GONZALES MARY D GRAY STEVEN E HARRS~
4585 FIELD ST 4000 JAY ST 391lING S T ~
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT 0
7006 3450 0002 4529 1701 7006 3450 0002 4529 1725
7006 3450 0002 4529 1718
EKSTROM JAMES ALLYN BURSON S A CUMMING EDNA
3895 HARLAN ST DEVINCENZO ED 60603 W, 39TH AVE
WHEAT RIDGE CO 80033 7311 BRAUN WAY WHEAT RIDGE CO 80033
7006 3450 0002 4529 AR V ADA CO 80005 7006 3450 0002 4529
1732 1756
HART JASON T 7006 3450 0002 4529 1749
HART STACEYL MALLON MILDRED SANDRA HOUSTON WILLIAM M JR
3895 INGALLS ST 1650 PENNSYLVANIA ST
5555 W. 51ST AVE WHEAT RIDGE CO 80033 DENVER CO 80203
DENVER CO 80212
7006 3450 0002 4529 1763 7006 3450 0002 4529 177LJ 7006 3450 0002 4529 1787
EVANS JEREMY MICHAEL W ALTER PHILLIP D SLENSKER DALE B
WALTER DENISE J SLENSKER VIRGINIA L
3890 INGALLS ST 3880 INGALLS ST 3855 HARLAN ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
7006 3450 0002 4529 1794 7006 3450 0002 4529 7006 3450 0002 4529 1817
1800
HALL JENNIFER ROBB MITCHELL MARK BIDDLE JERRE D
ROBB THOMAS L MITCHELL MARCENE BIDDLE CLARA A
1386 NEWTON ST 10048 W. 82ND LN 3870 INGALLS ST
DENVER CO 80204 ARV ADA CO 80005 WHEAT RIDGE CO 80033
7006 3450 0002 4529 1824 7006 3450 0002 4529 1831
7006 3450 0002 4529 1848
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POSTING CERTIFICATION
CASE NO. tvA- -01,20
PLANNING C01vfNfISSION / CITY COUNCIL /@OARD OF ADmSTMEJi[::{C~cle One)
HEARlNG DATE: / - 2. ~ - 0 &"
I, fJ 1-1 J L / f} IVJ at: .ILI1'l C:( 0
I '/1-, (name)
residing at 6t! 'it>! it! "')'7 L P L
(address)
as the applicant for Case No. tA,) A -cJ 7 - 26 , hereby certify that I have posted the Notice of
Public Hearing at . c:;PtJ fsK to 3'7?2:i {JL,
(l 0 cat ion)
on this !1- day of
~
:.J J4. tV t..( i4-fL Y
,20~, and do hereby certify that
said sign has been posted' and remained in place for fifteen (15) days prior to and including the
scheduled day of public hearing of this case, The sign was posted in the position shown on the
map below.
'A~~dV
Signature: ~./71 ~
NOTE: Tills form must be submitted at the public hearing on this case and will be placed in the
applicant's case file at the Department of Planning and Development.
OIJ I ., lil; I 11,)1
W 41ST AVE
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e:\planning\forms\3910
Rev. 6/6101
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Case File
CASE MANAGER: Meredith Recker!
CASE NO. & NAME:
WA-07-20/ Benallo
DATE: N/A
ACTION REQUESTED:
A 10' rear yard setback variance, a 15' side yard setback variance and an 11' front
yard setback variance
LOCATION OF REQUEST: 6088 W, 391h Place
APPLICANT (S):
OWNER (S):
Phillip Benallo
Gerald Benallo
APPROXIMATE AREA:
10,375 s,f,
PRESENT ZONING:
Residential- Three (R-3)
PRESENT LAND USE:
Single family residence
ENTER INTO RECORD:
(X)
(X)
( )
CASE FILE & PACKET MATERIALS
ZONING ORDINANCE
SUBDIVISION REGULATIONS
( )
DIGITAL PRESENTATION
I Location Map
JURISDICTION:
All notification and posting requirements have been met; therefore, the administrative decision may be made.
Administrative Variance
W A-07-20/Benallo
1
I. REQUEST
The applicant is requesting approval of a three fold variance request in order to construct an addition to the
existing single family home on the property. The individual requests are as follows:
L A 10' rear yard setback variance from W, 39th Avenue (south side) resulting in a 20' rear yard
setback.
2. A 15' side yard setback variance from Ingalls Street (west side) resulting in a IS' side yard
setback.
3. An 11' front yard setback variance from W. 39th Place (north side) resulting in a 19' front yard
setback.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code allows that the Director of
Community Development 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,
II. SUBDIVISION IllSTORY
The property was subdivided as Lot 7 of Harlan Court Subdivision which was approved by the Jefferson
County Commissioners in 1951. The subdivision originally contained 10 lots. W. 39th A venue runs along the
southern boundary of the subdivision with W. 40th Avenue running along the northern limit of the subdivision.
Abutting the subdivision on the east is Harlan Street with Ingalls Street on the western perimeter. All of the
"local" streets dedicated with the subdivision (40th Avenue, 39th Avenue and Ingalls Street) are 40' in width
which is substandard in width to today's 50' standard for local streets. (Exhibit 1, Harlan Court Subdivision
plat) Harlan was dedicated to the half width of30'.
It appears that Lots 3, 4, 7 (subject property) and 8 were further resubdivided subsequent to original plat
approval. (Exhibit 2, Assessor's parcel map) Staff has not been able to ascertain when this occurred.
Aside from two five-plex structures on the Harlan frontage ofthe subdivision, the majority ofthe homes are
single family ranch-style construction built in 1952. Another exception would be the structure on lot 9 which is
a two story "farm house" built in 1923 broken into four multiple units with a carport connection to a four-unit
structure built in 1963.
At the time of construction of the majority of the homes, a private "alley" was built along the interior of the
common shared lot lines of the subdivision. This "alley" was privately owned but named W. 39th Place. Many
of the homes built "fronted" this interior roadway and at some point, were addressed to it. (Exhibit 3, aerial
photo)
The private roadway known as W. 39th Place was not built to the City's standard road construction section for
width and pavement thickness and was inadequately maintained by the homeowners. In 1987, the subdivision
residents approached the city to inquire about dedication of this private roadway. In 1988, W, 39th Place was
dedicated to the City Council by a "dedication plat". (Exhibit 4, W, 39th Place Roadway Dedication Plat)
There is existing "Hollywood" curb with an attached sidewalk along all of the street frontages in the area.
Pursuant to the R-3 zone district regulations, front, side and rear setbacks from public streets are required to be
30', Dedication of 39th Place as a public street resulted in the creation of numerous nonconforming setbacks in
the subdivision, Any new construction must meet the required setbacks.
Administrative Variance
W A-07-20/Benallo
2
III. CASE ANALYSIS
The applicant, Phillip Benallo, is requesting the three variances as the representative of the property owner,
Gerald Benallo (his father), The property is addressed as 6088 W. 39th Place and faces north, Ingalls runs
along the western side property line and W. 39th Avenue runs along the southern rear property line, The
applicant lives in the home and wishes to construct an addition to the residence to accommodate his father.
(Exhibit 5, site plan)
The R-3 zone district allows for single family and two family dwelling units as well as multi-family dwelling
units and accessory structures. The property measures approximately 100' x 104' with 10, 375 s,f. of total land
area, The property would be able to accommodate a duplex as it exceeds the 9,000 square foot minimum lot
size requirement and the minimum lot width of 75 feet for a duplex. It is not large enough to accommodate a
tri-plex,
The R-3 zone district allows for maximum lot coverage of 40%. Based on a lot size of 10,375 square feet, 4150
square feet of lot coverage is allowed. The proposed single family home with addition will be 4150 square feet
or 40% of the lot if developed as proposed, The home meets all other development standards including the
interior side setback and maximum height.
The existing home is single-story brick construction. It faces north onto W. 39th Place (formerly the private
street). A single car garage is provided on this northern face as well as a shed which violates setbacks. The
existing setback on the north side is 29'. The southern elevation ofthe structure faces onto W. 39th Avenue.
There is an existing double car driveway with a covered patio area. There is also a metal carport structure
which does not meet setback in this area. The western portion ofthe yard where the addition will occur is
landscaped with sod and upright junipers, The existing setback on the south is 45'; however the covered porch
and carport extend into the required 30' setback.
The proposed addition will be two-story and will include another bedroom and bath intended to be used by the
father and a large family room all on the first level. The second story will include a master bedroom and bath
and a loft area.
A large garage/shop area measuring 27' x 66' (1782 s,f.) is also proposed on the bottom level of the addition.
The westerly garage door is high enough to accommodate a recreational vehicle, The addition will be stuccoed
and rougWy 21' in height at mid-roof, (Exhibits 6 and 7, house elevations)
In 2007, the applicant submitted an application for approval of a lot consolidation to reassemble the two halves
ofthe lot which were resubdivided subsequent to original subdivision approval. A lot consolidation plat was
recorded on November 20, 2007 which reassembled the two lot portions back into a single parcel. (Exhibit 8,
lot consolidation plat)
One letter of objection was received in response to the administrative posting and noticing, (Exhibit 9, letter)
III. VARIANCE CRITERIA
In order to approve an administrative variance, the Director must determine that the majority of the "criteria for
review" listed in Section 26-115.C.4 ofthe City Code have been met. The applicant has provided their analysis
of the applications compliance with the variance criteria. (Exhibit 10, applicant letter) Staff provides the
following review and analysis of the variance criteria.
Administrative Variance
W A-07,20lBenallo
3
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in which it is
located.
If the request were denied, the property may yield a return. The western portion of the property
currently is vacant and would accommodate an expansion of the existing single family residence or the
addition of another unit. If denied, the applicants would still be able to construct a house addition on the
lot but it would have to meet the 30' setback requirements on the north, south and west,
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, Several homes and other structures
in the area violate the 30 foot front, side and rear setback requirements. The number of nonconformities
greatly increased when W. 39th Place was dedicated as a public street. (Exhibit 11, aerial with 30'
setback overlay)
Staff finds this criterion has been met.
Although the addition is two stories in height, the general appearance and construction materials will be
consistent with other homes in the neighborhood.
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 that will result in a positive outcome.
The investment in improving this lot will substantially increase the value of property and could increase
the value of neighboring properties.
Staff finds 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.
Although the property is rectangular in shape and is flat, there are unique conditions related to the
physical surroundings that hinder the developability of the vacant portion ofthe property Double-
fronted lots (lots with streets along both the front and rear property lines) are prohibited in the
Subdivision Regulations. It is highly unusual to have a lot that has three street frontages. Given 30'
setback requirements on three sides, only 900 s.f. of the western portion of the lot is buildable,
At least six ofthe 11 lots in the subdivision have nonconforming setbacks adjacent to streets.
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.
Administrative Variance
W A-07-20/Benallo
4
The original owner of the property was the applicant's grandfather. Gerald Benallo, the applicant's
father, was one of the petitioners requesting dedication of 39th Place.
The applicant has created his own hardship by proposing such a large addition,
Staff finds this criterion has not 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.
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 an effect on property values in the neighborhood. The home would not cause
an obstruction to motorists on the adjacent street and would not impede in the sight distance triangle.
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.
There are unusual circumstances which impact all of the homes in this subdivision due to the public
dedication of 39th Place and the 30' required setback. The neighborhood is unique in that there are a
large number of nonconforming setbacks, However, none of the homes have encroachments to the
extent ofthis application. The garage could be reduced in size, lessening the need for such extreme
variances.
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 fmds 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.
Administrative Variance
W A-07-20/Benallo
5
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Although the majority ofthe evaluation criteria have been met, an objection has been filed against the request.
For this reason, the administrative variance is denied,
Administrative Variance
W A-07-20/Benallo
6
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat Ridge
Denial of Administrative Variance Requests
WHEREAS, an application for approval of administrative variances was submitted for property
zoned R-3, Residential-Three located at 6088 W, 39th Place, referenced as Case No, W A-07-20 as
detailed below:
1. A 10' rear yard setback variance from W, 39th Avenue (south side) resulting in a 20'
rear yard setback,
2, A 15' side yard setback variance from Ingalls Street (west side) resulting in a 15'
side yard setback,
3, An II' front yard setback variance from W, 39th Place (north side) resulting in a 19'
front yard setback.; and,
WHEREAS, City Staff has analyzed the variance requests, relying on criteria listed in Section 26-
I I5,C, of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there was one registered objection regarding the application;
NOW THEREFORE, be it hereby resolved that the application for administrative variances (Case
No, W A-07-20) is denied for property zoned R-3, Residential-Three, located at 6088 W. 39th Place
for the following reason:
I. A registered objection was filed against the application (Exhibit I, Letter of Objection),
e, AICP
lopment Director
I -~ -bY'
Date
1211312007 7:24 PM FROM: Fax TO: 3032352857 PAGE: 002 OF 002
Dee, 13,2007
7311 Braun Way
Arvada, CO 80005
I;~~
City of Wheat Ridge
Planning Division
7500 W. 29'" Ave,
Wheat Ridge, CO 80033
RE: Case No, WA-07-20
Following are my comments regarding Case No, W A-07-20,
As property owner of an adjacent property (6090 W. 39th Ave.), I am not opposed to an
addition to a single family home, However, a 33% to 50% setback variance on three
sides of the property at 6088 W, 39'" PI. seems excessive.
The proposed variances seem to allow for a building to land ratio that is out of proportion
with most of the surrounding houses in the neighborhood. In addition, not having at least
one setback of 30 feet is out of character with neighboring homes,
It would seem that an addition could be built with an allowable variance on one or at
most two sides; or a much lesser variance on all three sides,
I am also concerned the variances, if allowed as is, would penuit the future building of a
sizeable multi-family unit in an area of generally small one level homes. Again, the
building to land proportion would be out of character, and as such, a detriment to the
neighborhood,
Thank you for the opportunity to comment.
.,'S..,G:..... ~~
S. A, Burson
. EXHIBIT 1
POSTING CERTIFICATION
CASE NO. Jt) II- - (1) ~ZO
DEADLINE FOR WRITTEN COMMENTS: /2.' / C./-t?'/
m l3e IJA //0 q 6/C',€?/( j)
~npame)
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(address)
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residing at
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as the applicant for Case No, tJ 11 -Of - 20 ,hereby certify that I have posted the sign for
Public Notice at
6 () g ~ t>> 3'7 'Th-fJ L.
(I 0 cat ion)
on this S- day of .b e c (' /1/l /3 e /L.
, 20~, and do hereby certify that
,
said sign has been posted and remained in place for ten (10) days prior to and including the
deadline for written comments regarding this case, The sign was posted in the position shown on
the map below,
.fja_~dJ.m ~
Signature: ~/J1 h/Vj'~
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file,
]
I1STAVE
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7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
The Cjty of
Wheat Ridge
December 5,2007
This is to inform you of Case No. WA-07-20, a request for approval of (1) a 10 foot rear
yard setback variance (39th Avenue), (2) a 15 foot side yard setback variance (Ingalls
Street) and (3) an 11 foot front yard setback variance (39th Place) on property zoned
Residential-Three (R-3) and located at 6088 W. 39th Place,
The applicant is requesting an administrative variance review which allows no more than
a fifty percent (50%) variance to be granted by the Zoning Administrator without need
for a public hearing, Prior to the rendering of a decision, all adjacent property owners are
required to be notified of the request by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or if you
would like to submit comments concerning this request, please do so in writing by 5:00
p.m, on December 14,2007,
Thank you,
e:\planning\forms\zapubnot. wpd
BENALLO GERALD M
5885 CLEAR CREEK DR
DENVER CO 80212 2837
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7006 3450 0002 4529 3026
VERNON JAMES STANLEY
VERNON JANICE M
901 GARRISON ST
LAKEWOOD CO 80215 5864
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7006 3450 0002 4529 3019
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SIMKA VITZ SUSAN K
6095 W 39TH PL
WHEAT RIDGE CO 80033 5153
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BROOMFIELD LENDING LLC
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WEGMAN DONNA M
WEGMAN LEE S
6080 W 39TH PL
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DEPARTMENT OF
PLANNING AND DEVELOPMENT
MAP ADOPTED: June 15, 1994
Last Revision: September 10, 2001
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LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Address fP{) eg LJ .3'7 ---rJ:p L
State ('tJ!O Zip 8/J1J::e
Phone Y'I'Z y -Z/9
Fax '
Address .5:& ZS- (' / C' /VL {'/LedC,o/L..
State ('010 Zip gtJZ/L
Phone-r</zz -<7-975,
Fax
Contact Address S~e 115 A-b(}v<::'" Phone
City State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): !of') g5S w ~7 L-7L
i1J1!('rlflit/j)6L C'.do fseJ"'33
Type of actiou requested (check one or more of the actions listed below which pertain to your request):
Applictition submittal requirements on reverse side
o Change of zone or zone conditions 0 Special Use Permit
o Consolidation Plat 0 Subdivision: Minor (5 lots or less)
o Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots)
o Lot Line Adjustment 0 Right of Way Vacation
o Planned Building Group 0 Temporary Use, Building, Sign
o Site Development Plan approval M..Variance/Waiver (from Section )
o Other:
(
Detailed description of request: (l tI/lt!/!"fYC-e.... F;l()M.
ILM1 :L;J1SF/l55TLS/be / lfi{# Art--IANe'€-
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 correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be lished, Applicants other than owners
must submit power-of-attorney from the owner which ap ion on his behalf.
~~" . ,,', .:~<'
Signature of Applicaut ~.' 0 T A~~:;f.
rn to e thIs ....L.....:. da , 20 07
5/02./80 I ()
To be filled out by staff:
/1 h1tJ7
Fee $ Receipt No
Zoning I< -g
Pre-App Mtg. Date
Case No. /AI A~O 7 -,;)..0
Quarter Section Map S fA ) rl.-~
Case Manager Il t' C i::.t ;-
Date received
Comp Plan Desig.
Related Case No.
,..-fin
. ,/ Treasurer
;efferson County Pkwy.
,den, co 80419-2520
,J03) 271-8330 - Office
Web site http://jeffco.us/treasurer
JEFFERSON COUNTY COLORADO
TAX DIST. 3139
SCHEDULE NO 023748
2006 TAXES PAYABLE 2007
PROPERTY TAX STATEMENT
TAX NOTICE
DOING BUSINESS AS: I PROPERTY LOCATION: FIN. INST.
VACANT LAND
SEC.TWN. RNG. QTR. SQ. FT. LAND BLK LOT KEY BOOK PAGE h- AX AUTHORITY TAX LEVY TAX AMOUNT
HARLAN COURT SCHOOL
24 03 69 5160 0007 OOA Fl171456 SCHOOL GEN 37,7780 190,78
. SCHOOL BND 11.2500 56,81
COUNTY
CNTY GEN'L 12.9440 65.35
DEV DISABL 1. 0000 5.05
R&B SRVCS 3,2800 16.56
sac SRVCS 1. 7100 8.64
CAP'TL EXP 1. 9120 9.66
LIBRARY 3.5000 17.68
CNTY OTHER
WHR 1. 8300 9,24
UI}PCD .5420 2.74
UDFCDSPLAT .0660 .33
WFD 4.4000 22.22
WSD .5830 2.94
RESIDENTIAL
PROPERTY VALUATION TAX LEVY 408,00
80,7950
VALUATION ACTUAL ASSESSED
LAND 63,440 5,050
ASSESSMENT PERCENTAGE
RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00%
BENALLO GERALD M
5885 CLEAR CREEK DR
DENVER CO 80212-2837
11,,1.11.....1.1...11..1.1.,1.11..1,..11,1..,11.,1..1.1..1..11
d ~t<S ~..19
~ 1 ""d'S/tot(
~...€"I<-
p.-lljOl
FULL AMOUNT DUE APRIL 30 408.00
OR
FIRST HALF DUE FEBRUARY 28 204.00
SECOND HALF DUE JUNE 15 . 204.00
IF PAYING IN PERSON BRING ENTIRE'TAX NOTICE
~I=I= ~I=\II=R~1= ~Inl= I=nR 1=11RTI-II=R INl=nRMATlnN R~ll.l'1\1 TI-II.~ pnRTln!\1 I='nR vnllR l::II:::r:nRn~
Faye Griffin
~ounty Treasurer
100 Jefferson County Pkwy,
Golden, CO 80419-2520
(303) 271-8330 - Office
Web site http://jeffco.us/treasurer
JEFFERSON COUNTY COLORADO
TAX DIST 3139
SCHEDULE NO 023747
2006 TAXES PAYABLE 2007
PROPERTY TAX STATEMENT
TAX NOTICE
DOING BUSINESS AS: I PROPERTY LOCATION: FIN. INST.
6088 W 39TH PL
SEC.TWN. RNG. QTR. SQ. FT. LAND BLK LOT KEY BOOK PAGE AX AUtHORITY TAX LEVY TAX AMOUNT
HARLAN COURT SCHOOL
24 03 69 5427 0007 OOB Fl171456 SCHOOL GEN 37,7780 487.34
SCHOOL BND 11. 2500 145,13
. COUNTY
CNTY GEN' L 12,9440 166.98
DEV DISABL 1. 0000 12.90
R&B SRVCS 3,2800 42.31
SOC SRVCS 1. 7100 22.06
CAP'TL EXP 1. 912 0 24.66
LIBRARY 3.5000 45.15
CNTY OTHER
WIlR 1. 8300 23.61
UDF€D. .5420 6.99
UDFCDSPLAT .0660 .85
WFD 4.4000 56.76
WSD .5830 7.52
RESIDENTIAL
PROPERTY V ALUA TION TAX LEVY 1,042.26
80.7950
VALUATION ACTUAL ASSESSED
LAND AND BUILDING 162,020 12,900
ASSESSMENT PERCENTAGE
RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00%
BENALLO GERALD M
5885 CLEAR CREEK DR
DENVER CO 80212-2837
,
"..1,"","1"",1,"1""1,11"'",1",",1,,,,,,1,',.,.,1'
FULL AMOUNT DUE APRIL 30
OR
FIRST HALF DUE FEBRUARY 28
SECOND HALF DUE JUNE 15
tie.~,r h,z(f L'* '/t{(.'j
fd CA.~<! f'-.
- .J.N07
1,042.26
521.13
521.13
IF PAYING IN PERSON BRING ENTIRE'TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR VO!lR R"r.nRn~
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
Follow-Up:
IwA0720
IBenallo
jPhilip M,
IB~~an~
IGerald M,
16088 W. 39th PI.
Iwheat Ridge, CO 80033
1303-956-6799
15885 Clear Creek Dr,
lpen~~r, CO 89212
1303-422-4975
16088
Iwest 39th Place
Iwheat Ridge, CO 80033
lReckert
IActi~e
1
1
Quarter Section Map No.: 1~V\f~4
Related Cases: I
Case History:
Review Body:
APN:
2nd Review Body:
2nd Review Date:
Decision-making Body:
ApprovalfDenial Date:
ResofOrdinance No.:
10ft. rear yard setback
ariance & 11 ft. front yard
setback variance. . .
IBOA?
139-243-19-011
1
I
1
I
I
Conditions of Approval:
District: III
Date Received: 111/9f~QO!
Pre-App Date:
CITY OF WHEAT RIDGE
0&/25/07 3:14 PM cdb
PHILIP M BENALLO
RECEIPT NO:C023882 AMOUNT
FMSD ZONING APPLICATION F 508,08
ZONE
PAYMENT RECEIVED AMOUNT
CK 8135 500.B8
TOTAL 580.B0
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