HomeMy WebLinkAboutWA-07-23
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City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
April 14, 2008
Milton & Mary Austin
15 Twilight Drive
Wheat Ridge, CO 80033
Dear Mr. & Mrs. Austin:
RE: Case No. W A-07-23
Please be advised that at its meeting on March 27, 2008, the Board of Adjustment DENIED your
request for approval ofa 7.5 foot side yard setback variance from the 15 foot side yard setback
requirement on property zoned Residential-One and located at 15 Twilight Drive.
Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating
the Board's decision. Should you decide to appeal the decision of the Board, you will need to file
the appeal with the Jefferson County district court within 30 days of the Board's decision.
Sincerely,
Please feel free to contact me at (303) 235-2846 if you have any questions.
!{t~~
Kathy Field
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: W A-07-23 (case file)
wa0723denial.doc
www.ci.wheatridge.co.us
CERTIFICATE OF RESOLUTION
CC~~y
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 27th day of March 2008.
CASE NO: WA-07-23
APPLICANT'S NAME: Milt and Mary Austin
LOCATION OF INTERPRETATION: 15 Twilight Drive
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number W A-07 -23 is an appeal to this
Board from the decision of an administrative officer and in recognition that there were no
protests registered against it; and
WHEREAS, the property has been posted the fifteen days required by law; and
WHEREAS, the relief applied for MAY NOT be granted without substantially impairing the
intent and purpose of the regulations governing the City of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number W A-07-23 be, and hereby is DENIED.
TYPE OF VARIANCE: A 7.5 foot side yard setback variance from the 15 foot setback
requirement resulting in a 7.5 foot side yard setback on property zoned Residential One.
FOR THE FOLLOWING REASONS:
1. Staff finds variance criteria number one has not been met and the Board concurs. Unique
to this lot is the possibility that there is no place on the lot where a shed would not be
considered obtrusive to an adjacent neighbor although required setbacks could be met.
2. Staff fmds that variance criteria number two has not been met and the Board concurs.
3. Staff finds that variance criteria number three has not been met and the Board concurs.
In the opinion of the Board, investment does not rise to the level of substantial in this
case.
4. Staff finds that variance criteria number four has not been met and the Board would
concur in this case considering that three 30-foot required setbacks are unusual.
However, the lot immediately adj acent to the shed site sits a few feet lower than the shed
site itself thereby exacerbating the impact of the setback encroachment requested.
Board of Adjustment
Resolution W A-07-23
Page two (2)
5. Staff finds that variance criteria number five has not been met and the Board concurs.
6. Staff finds that variance criteria number six has not been met and the Board concurs.
7. Staff finds that variance criteria number seven has not been met and the Board concurs.
This situation would be generally unique to the neighborhood.
8. Staff finds that variance criteria number eight is not applicable and the Board concurs.
9. Staff finds that variance criteria number nine is not applicable and the Board concurs.
NO:
ABBOTT, BELL, BLAIR, BUCKNAM, HOYLAND,
HOWARD, LINKER, PAGE
None
YOTE:
YES:
DISPOSITION: A 7.5 foot side yard setback variance from the 15 foot setback requirement
resulting in a 7.5 foot side yard setback on property zoned Residential One was DENIED.
ADOPTED and made effective this 27th day of March, 2008.
~~~
Ann Lazzeri, Seer ar
Board of Adjustment
Robert Blair, Chair
Board of Adjustment
....u,.(
~ ~ City of
?WheatRL-dge
BOARD OF ADJUSTMENT
Minutes of Meeting
March 27,2008
1. CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board of Adjustrhellt was called to order
by Chair BLAIR at 7:00 p.m. in the City Council Challlbers ofthe Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Board Members Present:
Tom
Janet
Bob Blair
Alan Bucknam
Paul Hovland
Bob Howard
Larry Lillker
BettyJo Page
Staff Memb,ms 'Present:; Ken JOhrlstone, Community Development Director
,'. Adam TieI:'jI,:Planner I
"<""""%llIl.,La'jl'jleri, Secretary
,,,.;......~
3. PUBLIC F0RUM
No one wished to .address the Board at this time.
4. PUBLIC HEARIN~S
VA.
Ca'se~o. .~~-07-23: An application filed by Mary Austin for approval
of a~~.#ooi: side yard setback variance from the 15 foot side yard setback
requirpillent on property zoned Residential-One and located at 15 Twilight
Drive.
This case was presented by Adam Tietz. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation. The applicant would like to
construct a 117 -square-foot wood frame shed, 10 feet in height, on the west side
of the home within the required side yard setback.
Staff recommended denial for the for reasons outlined in the staff report.
Board of Adjustment Minutes
March 27, 2008
-1-
Board Member ABBOTT asked ifthere had been any calls in favor of the
application. Adam Tietz explained that the person who originally sent a letter of
opposition is now in favor after meeting with the applicant and more fully
understanding his plans.
Milton Austin
15 Twilight Drive
Mr. Austin, the applicant, was sworn in by Chair BLAIR'..J:Iedistributed copies
of exhibits to each Board member which were made p~,onhe case file. He
reviewed each exhibit. He stated that the proposed IQ0~~ti2n is the best one for his
shed. The shed would improve existing conditiog~.:an hls~p~operty and would
maintain the character of the neighborhood. Pl~ci\:r& the s!\'~~';~l1any other place
would put it more in the middle of the yard and that is the reasqIfhe wanted to
build the shed as close to the house as possible. . .
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Board Member ABBOTT stated that he ~d1ij~sIlPpl!iftapermanent ~dl.!ition to the
house, but not a shed in this location. Mr. Art~~in'-stated that the shed would be
constructed and painted to mat:\-ip: the house.
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Board Member BELL asked ifNJ.;..'~U.*N~g~~d consid~f~{itbuilding the shed next
to the house on the side with lands~aping,~n~,-pr~y~cy fence where he would not
need a variance.ryir,f'ustin stated :tl1iswould'placethe shed in front of the master
bedroom window.'BCl.~~ Member HELL commented that a small area between a
shed and a :D,..e.l1G.e usuallY.;RtOOCOmes an a:r~a to store things. She also asked if he had
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consideredblli}g1.11g the *.wed near the aiif:]g;p'nditioning unit. Mr. Austin stated that
the land slopes qm.,~e1a Rii1i11'that.are. a.1 '
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OW%~suggested the applicant consider building a shed that
oreH:il).gt]a;
Bo'a.i\~' AND stated that while he could appreciate Mr. Austin's
intent . shed in an unobtrusive place and the fact that the neighbors
were no e plan, he was concerned that it would change the character
of the neig He also believed there are alternative locations that would
not require a> iance. He stated that he had difficulty in finding uniqueness to
the situation that would warrant a variance.
Board Member LINKER asked Mr. Austin ifhe had considered moving the air
conditioning compressor and placing the shed in that area. Mr. Austin said that it
would probably be possible but the area slopes quite a bit.
There was no one from the public to address the Board at this time. Therefore,
Chair BLAIR closed the public hearing.
Board of Adjustment Minutes
March 27,2008
-2-
Upon a motion by Board Member ABBOTT and second by Board Member
PAGE, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment Application Case No. W A-07-23 is an appeal
to this Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen'd'IlYs required by law, and
in recognition that there were no protests registered agllinst it.
Whereas, the relief applied for MAY NO],*ff~'granted wlthli'il.t substantially
'ej:' ",>.~
impairing the intent and purpose of t~~.,fegulations governing;t~e City of
Wheat Ridge.
NOW, THEREFORE, BE IT RESOLYEIl'tl1,ttBoard of Adjustment
Application Case No. W A-O?'cp be and herebYcltsDENIED.
For the following reasons:
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1. Staff finds iance criterij! J,!.!Jiiibe;':;&~~cl1hS not been met and the
Board c.iI niqne to tli'J.s lot is the'possibility that there is no
plac,!%:;;~~ the 10 ere a shedc'\Yonld not be considered obtrusive to an
adj'ilct~ i h althongh re'!t!Jited setbacks could be met.
2. Staff fin criteria number two has not been met and
gard c
3; Stag.!!$ tha iance criteria nnmber three has not been met and
the Bohraiie.oncu he opinion of the Board, investment does not
rise to th' el of. stantial in this case.
4. Staff finds t variance criteria number four has not been met and
;~!,\~Board.;; uld concur in this case considering that three 30-foot
re'!ti!l:ired ~!l.tbacks are unusual. However, the lot immediately
adja'~~!j.Fto the shed site sits a few feet lower than the shed site itself
therepy exacerbating the impact of the setback encroachment
requested.
5. Staff finds that variance criteria nnmber five has not been met and
the Board concurs.
6. Staff finds that variance criteria number six has not been met aud the
Board concurs.
7. Staff finds that variance criteria number seven has not been met and
the Board concurs. This situation would be generally unique to the
neighborhood.
8. Staff finds that variance criteria number eight is not applicable and
the Board concurs.
Board of Adjustment Minutes
March 27, 2008
- 3-
l
9. Staff finds that variance criteria number nine is not applicable and
the Board concurs.
The motion for denial passed 8-0.
(Chair BLAIR declared a recess at 8:07 p.m. The meeting was reconvened at
8: 14 p.m.)
B. Case No. WA-08-01: An application filed by the City of Wheat Ridge
Parks and Recreation Department for approval gf (1) a 3 foot variance to
the 4 foot maximum fence height requirement withi.rl a minimum 30 foot
front yard setback; and (2) a I-foot variilIlce to the 4'fgot maximum foot
variance to the 6-foot maximum fengel1eight requiremel1.tbehind the front
setback line resulting in a 7-footJ~h\;e on property zoned(@B.~ercial One
and Agricultural-Two and loci;lte't'l;.l\t43l5 V'!iJ.ll Gordon Street.
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This case was presented by Adam Tietz. H~'8'~~~r:gd allpertinent documents into
the record and advised the Boar~there was juri~dl'~t:jon to hear the case. He
reviewed the staff report and dig,ital>presentation.'N1eH.subj,ect property is
currently undeveloped and will f~pYa.itij~.this mannei.'~~ area would be used
for storage of landscape and planelJ.1ateri~]sj~t,e&.r~l to'1:he operation of the Parks
Department. Staffrecommended approval withCohditions as outlined in the staff
report.
,'-.,
In response to.a~~JJ~stion,jirom Board MeJ;Ilber ABBOTT, Mr. Tietz explained that
the seven. feet isb'e;j,!1.~reqp.~~~~.~.i)1orclerto be consistent with the other seven
footsectiol1~on thePf!;\perty '-J50axiJ;iMember ABBOTT commented that seven
feet would proyige more.security.
Board Member HOVLANU'asked if the variance would stay with the land if it
should ever changepwnership. Mr. Tietz explained that the fence would stay
unless>tne Board pl<l~red a condition on the variance.
In responsetl!ia,qtlestion from Board Member BUCKNAM, Mr. Tietz explained
that, for the intended use, the code requires that landscape materials be screened
from adjacent properties which can be accomplished with a screened fence.
Board Member BELL suggested that pine-beetle-kill lumber fencing with pickets
for security be used, which would be much more attractive than chain link with
screening strips. The wood fencing could be added to the existing chain link
fence. She also suggested installing landscaping in front of the fence.
In response to a question from Board Member HOWARD, Mr. Tietz stated that
the subject property is not in the floodplain. The reason the city purchased this
Board of Adjustment Minutes
March 27, 2008
-4-
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
March 28, 2008
)1
Case No. WA-07-23: An application filed by Mary Austin for approval of a 7.5
foot side yard setback variance from the 15 foot side yard setback requirement
resulting in a 7.5 foot side yard setback on property zoned Residential-One (R-1)
and located at 15 Twilight Drive
Name
Address
In favor/Opposed
TSC
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I'l1JL-T j}us TiM fiT 3-;)'1:-0'6 eofJ
Phone: Jj &:1'3 te I Jt/ C-
FAX:
email: Case t'(/(), 0.H7- 07-;}?
TSC
f\-?~1
Thursday, March 27, 2008
Applicants response to letter to the Board of Adjustments by the Staff of
Wheat Ridge zoning committee for proposed shed placement at 15 Twilight Dr.
Wheat Ridge CO. in the subdivision known as Paramount Heights.
Case #W A-07-23/ Austin.
If approved the request will increase total lot coverage to approximately
20.5%. Well within the allowed maximum allowed for zone R-1. (max. 25%)
The property at 15 Twilight Dr. is unique in that it has 3 frontage streets
where setbacks are increased to 30ft. on those frontages. Ultimately this situation
causes placement of a shed within the required setback for R-l zone challenging.
The Applicants strongly believe that the proposed variance request
is ultimately the best option to maintain the character of the locality.
The Staff of Wheat Ridge zoning mentions that only one variance on
the block has been granted since the subdivision was platted. The Applicants
observe that the block in question has only 6 lots on it and is the smallest block
in the subdivision.
Applicants Response to Yariance Criteria
1. Agree
2. The applicants are very aware of the character of the locality and
intend to make the presence of the proposed shed blend in with it's
surroundings. Will paint and shingle to match house. Will be in the
least visible location for curb appeal.
Applicants feel this criterion has been met.
3. The applicants are proposing an investment that will improve the
existing conditions on the property. Due to the unique conditions
with R-l zoning for properties with multiple frontages, and the mature
landscape that is an essential part of the character of the locality the
Applicants strongly desire the proposed shed placement.
t\-,. 'Ycr ?-
4. The Staff concurs that the increased setback of 30ft on the frontages
could present challenges for the shed placement and has resulted in
the request for the variance. The Applicants still believe the proposed
location best fits the desire to maintain the character of the locality.
5. The fact that increased setbacks are governed by R-l zoning in this
unique situation have not been created by the Applicants who have
interest in the property.
The Applicants feel that this criterion has been met.
6. Agree.
7. The properties in this location are all as individual as there
are properties.
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ROBERT
PARKER
ASSOCIATES
ARCHITECTUR.E
c/O - V
UIUW< DESIGN
PlANNING
tNNOVATlV! SOLUTIONS WITH RfSPECT FOR. TRADITION
25 February 2008
By Fax )-303-333-2487
Mr. Milum Austin
15 Twilight Drive
Wheat Ridge, CO
80215
Ref: Zoning Variance of Side Y li{d Setback for Proposed Shed
Dear Mr. Austin,
Thank you fOT your fax and drawing showing the proposed location of the storage shed. If the
shed is located per YOW' drawing as submitted and, is paimed out white to match YOW' house,
Sylvia Parker and myseJfhave no objection to the reduced side yard setback.
The correspondence from the City of Wheat Ridge did not specific location or details of the
proposed storage shed.
Yon may advise the City of Wheat Ridge that we have no objections per above.
Sincerely yours,
cc Sylvia A. Parker
DEUVEKlOS, '11 Ni&/I""'wk Tnll III Pr.do, Now Moxlco 87529 . Tll/f"'" 505-:151-11163
MAILII''''' PO _1193 11100. New Mellk:o 87571 . ......" rp.-.........<Oll\
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
- PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
WATER FEATURE
SE 28
* DENOTES MULTIPLE ADDRESSES
~ 100-YEAR FLOOD PLAIN
~ (APPROXIMATE LOCATION)
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OEP AKfMENT OF
PLANNING AND DEVELOPMENT
MAP ADOPTED: June 15, 1994
Last Revision: September 10, 2001
Page 1 of 1
Adam Tietz
From: Milton A. Austin [MAAustin@coffeeservice.com]
Sent: Friday, March 28, 2008 4:56 PM
To: Adam Tietz
Subject: apology
Adam,
I must apologize for my foul language after the meeting the other night. It certainly was not directed at you.
You have been very helpful and informative throughout this process.
I feit very frustrated about how the meeting with the board of adjustments went.
I felt that I had presented a good case for the variance request and it fell on deaf ears.
Feeling that I had presented a good case I was astonished that not one of eight members
of the board could see my plight.
I was also furious by the fact that the ladder in some of the sight photos was an issue
or what I was going to put into the shed which I feel was totally irrelevant.
Once again, sorry for unloading on you,
Will probably be in to see you soon for some more punishment. (new request)
Mlit
03/31/2008
1
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustments
CASE MANAGER: Adam Tietz
CASE NO. & NAME:
WA-07-23/Austin
DATE: March 27, 2008
ACTION REQUESTED:
Approval ofa 7.5 foot side yard setback variance from the 15
foot setback requirement resulting in a 7.5 foot side yard setback
on property zoned Residential One (R-l).
LOCATION OF REQUEST: 15 Twilight Drive
APPLICANT (S):
Milt and Mary Austin
OWNER (S):
Milt and Mary Austin
APPROXIMATE AREA:
13,514 square feet (.31 acre)
PRESENT ZONING:
Residential- One (R-l)
PRESENT LAND USE:
Single Family Home
ENTER INTO RECORD:
(X)
(X)
CASE FILE & PACKET MATERIALS
ZONING ORDINANCE
(X)
DIGITAL PRESENT AnON
Site
Location Map
Board of Adjustment
W A-07-23/Austin
1
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to
hear this case.
I. REQUEST
The applicant is requesting approval of a 7.5 foot side yard setback variance for the
purpose of constructing a 117 square foot shed, resulting in a 7.5 foot setback. All other
development standards have been met.
Section 26-1l5.C (Variances and Waivers) of the Wheat Ridge City Code empowers the
Board of Adjustment to hear and decide on variances from the strict application of the
zoning district development standards. Variance requests of over 50% from the
development standards are required to be heard at a public hearing, before the Board of
Adjustment.
II. CASE ANL YSIS
The applicants, Milt and Mary Austin, is requesting the above variance as the property
owner of 15 Twilight Drive. The property is located in the Paramount Heights
Subdivision on Twilight Drive in an R-1 zone district. The property is bounded by
Rangeview Dr. to the north, Dawn Ct. to the east, and Twilight Dr. to the south. The lot
is 13,514 square feet or .31 acres. The R -1 zone district allows for maximum lot
coverage of25%. Based on a lot size of 13,514 square feet, 3,378.5 square feet oflot
coverage is allowed. The home and other existing improvements on the property cover
approximately 2,778 square feet or 20.5% of the lot.
The applicants wish to construct a 117 square foot, wood frame shedthati~ ~Of~Tthi~~
on the west side of the home within the required side yard setback ~jl:~1i(~J.~i~!!~r~t@).
The R-1 zone district allows for single family dwelling units and accessory structures,
which includes sheds. The required setback in an R-l zone district for all accessory
structures is 15 feet. The proposed shed would be 7.5 feet from the west property line.
With the proposed shed, the lot coverage would increase the lot coverage to 2,895 square
feet or 21.4%.
The property in question is unique in that it has 3 street frontages (~~!~!fi.~[i$!r~l~M~p1.
In situations where a property has more then one street frontage the setbacks along those
streets are increased to 30 feet. This may limit the ability of some owners to place or
construct accessory structures on their property. However, the lots in this particular
subdivision were platted larger then the R-1 minimum lot size of 12,500 square feet,
including the property in question. Even with the increased setbacks on 3 side~,~e
property has a large amount of space where improvements can be made ~~>>lE~~i$!!~
~ilq(~~. The shed is proposed to be constructed on the side of the home that does not have
any street frontage but is constrained as the result of the home already being
approximately 2 feet from the setback requirement j'!j~11!~\!!.!m~i~1~$Jl~lg1\glg'~
Board of Adjustment
W A-07-23/Austin
2
There has only been one variance granted on the block since the subdivision was platted.
The variance was for a fence height in 2006 at 14 Twilight Dr. A visual inspection of the
aerial photographs, research of building files and site visits ~eve~,~er~aI'ever~few
properties in the neighborhood with accessory structures~lm!1:>i!~;A.\lr!~RI1.QtQj. It
appears that the properties that do have accessory structures comply with the required 15
foot side yard setback requirement.
The Community Development Director is empowered to decide upon applications for
which a variance of fifty (50) percent or less is being requested from the strict application
ofthe development standards pertaining to the zone district. He has denied the applicants
the right to an administrative review and has required the application be heard at a public
hearing where the decision will be made by the Board of Adjustments.
III. Y ARIANCE CRITERIA
Staff has the following criteria to evaluate variance requests and shall determine that the
majority ofthe "criteria for review" listed in Section 26-115.CA of the City Code have
been met. The applicant has provided their analysis of the applications compliance with
the variance criteria (F;@'i~tt.;'Z~. Staff provides the following review and analysis of the
variance criteria.
1. The property in question wonld not yield a reasonable return in use, service
or income if permitted to be nsed only nnder the conditions allowed by
regulation for the district in which it is located.
If the request were denied, the property would still yield a reasonable return in
use. The property currently has a single family home and it may remain in this
manner regardless of outcome of the variance request. If denied, the applicants
would still be able to construct a shed but it would be required to meet the
setbacks for the R -1 zone district.
Staff fmds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality could possibly be altered.
The subdivision consists oflarge lot, low density single family residential units.
There are very few homes in the area that do have accessory structures. Of the
homes that do have them, the structures have been built in compliance with the
setbacks.
Staff finds this criterion has not been met.
3. The applicant is proposing a substantial investment in the property with this
application, which wonld not be possible without the variance.
Board of Adjustment
WA-07-23/Austin
3
The applicant is proposing an investment in the property that could improve the
existing conditions on the property. The investment in the property would still be
possible without the granting of this variance. The large lot does provide other
areas where the shed could be constructed that would meet the setback
requirements.
Staff finds this criterion has not been met.
4. The particular physical surrounding, shape or topographical condition of the
specific property involved resnlts in a particular and nniqne hardship (upon
the owner) as distingnished from a mere inconvenience if the strict letter of
the regulations were carried out.
There are surrounding physical conditions that have resulted in the request for the
shed to be constructed on the west side of the property. The property has three
street frontages and the setbacks along those property lines are increased to 30
feet because of it. However, the shape, topography and the location of the home
do not preclude the construction of a storage shed in the appropriate location.
Staff finds this criterion has not been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
A person who has interest in the property has caused the hardship. The request
relates to the location ofthe proposed storage shed that does not meet current
development standards. It is possible to relocate the proposed shed in a location
on the property where the required side yard setback could be met.
Staff finds this criterion has not been met.
6. The granting of the variance would not be detrimental to the pnblic 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 snpply oflight and air to adjacent
property, substantially increasing the congestion in public streets or
increasing the danger of fire or endangering the public safety, or
snbstantially diminishing or impairing property valnes 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
Board of Adjustment
W A-07-23/ Austin
4
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 nnnsual circnmstances or conditions necessitating the variance request
are present in the neighborhood and are not nniqne to the property.
The circumstance necessitating the variance request is the fact applicant would
like to construct the shed in a location that will be screened from the public view
as much as possible. The request is unique in that there are very few homes with
accessory structures in the area. It is also unique that the shed is proposed to be
constructed within the required side yard setback in relation to the rest of the
neighborhood as the few homes that do have them, have constructed them in a
location where they do meet the setback requirement.
Staff finds this criterion has not 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 snbstantial 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.
IY. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having reviewed the application for a 7.5 foot side yard setback variance at 15 Twilight
Drive. Staff has found there not are unique circumstances attributed to this request that
would warrant approval of the variance.
The applicable review criteria are not supportive of the request; therefore, staff
recommends DENIAL for the following reasons:
Board of Adjustment
W A-07-23/Austin
5
1. Granting of the variance could potentially change or alter the character of
the neighborhood as a majority of the structures in the neighborhood all
meet the required side yard setback requirements.
2. Other opportunities may exist where the shed could be constructed while
complying with the development standards in the R-l zone district.
3. The hardship has been created by a person having interest in the property.
4. There are no physical conditions or other irregular conditions present on the
property or neighborhood that would preclude the shed from being
constructed in a manner that meets the set back requirements.
Board of Adjustment
WA-07-23/Austin
6
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Board of Adjustment
W A-07-23/Austin
11
Response to Variance Criteria
Shed Placement
15 Twilight Dr.
Milton and Mary Austin (Owners)
A. The placement of this shed will increase storage and value
For any property owner of this property. It will increase the
Over all desirability and value of this property.
B. I do not feel that granting of this variance will effect
The the essential character of this locality, in fact
The shed should blend in nicely.
C. The investment that I am making is the actual
Variance request itself. The time and money spent
By myself is for the good of all. I am trying to put
The shed in the most inconspicuous place possible.
So as to not make it outstanding or overly visible
In the locality.
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D. This unique property has 3 frontage streets. The proposed
Placement Of this shed will minimize its visibility from
The frontage streets,
E. The shape of the yard and frontage streets of the property
Has not been created by any person having interest in the
Property
F. The location of the shed would not be injurious to the
Development of any adjacent property nor would it be
Detrimental to public welfare. It will not impair adequate
Supply of light or air to the adjacent property. It will not
Affect congestion on public streets in any way. It will not
Endanger public safety or diminish property values in
The neighborhood. It should not increase fire danger.
G. I have noticed that it is not unusual for sheds to be
Placed closer that standard variance allows in this
neighborhood.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on March 27, 200S, at 7:00 p.m. in the Council Chambers of the
Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens
are invited to speak at the Public Hearing 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.
The following petitions shall be heard:
Case No. W A-07-23: An application filed by Mary Austin for approval of a 7.5 foot side
yard setback variance from the 15 foot side yard setback requirement resulting in a 7.5
foot side yard setback on property zoned Residential-One (R-l) and located at 15
Twilight Drive.
Case No. W A-OS-Ol: An application filed by the City of Wheat Ridge Parks &
Recreation Department for approval of a 3 foot variance to the 4 foot maximum fence
height requirement within a minimum 30 foot front yard setback AND a 1 foot variance
to the 6 foot maximum fence height requirement behind the front setback line resulting in
a 7 foot fence on property zoned Commercial-One (C-l) & Agricultural-Two (A-2) and
located at 4315 Yan Gordon Street.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To be published:
Date:
Wheat Ridge Transcript
March 13,2008
TSC
Tse
p.l
Phone:
FAX;
email:
Farsimile
To:
@Fax:
From:
Date:
Re:
Pages:
Adam Tietz
Milton Austin
Monday, February 25, 2008 @ 3:28PM
Shed placement 15 Twilight Dr,
2, including this page
Adam, I talked to Robert Parker and Sylvia Parker about their concerns about the
proposed shed placement at 15 Twilight Dr.
I am sending a copy of the letter I received from Robert today stating that they
do not have objections to the proposed shed placement..
I hope this clears things up and we will not require a public hearing.
I will call you in the near future to see where stand.
Thank You,
Milt Austin
15 Twilight Dr.
Wheat Ridge CO 80215
303 333 2244 Day Phone
303881 0002 Cell
p.2
f"H\:lt:. tlJ.
u~,~~, ~v~v ~~.~~
ROBERT
PARKER
ASSOCIATES
ARClflT!CT\JU
UI\MI< DESIGN
PlANNING
INNOVATIVE SOLUTIONS WITH RESPECT fOR. TRADiTiON
25 February 2008
By Fu 1-303-333-2487
Mr. Milum Austin
15 Twilight Drive
Wheat Ridge, CO
80215
Ref: Zoning Variance of Side Yard Setback for Proposed Shed
Dear Mr, Austin,
Thank you for yoU! fax and drawing showing the proposed location of the storage shed, If the
shed is located per your drawing as submined and, is painted out white to match your house,
Sylvia Parker and myself have no objection to the reduced side yard sethack.
The correspondence from the City of Wheat Ridge did not specific location or details of the
proposed storage shed.
You may advise the City of Wheat Ridge that we have no objections per above.
Sincerely yours,
cc Sylvia A- Parker
Gwvn"', n Ni8hlhAwk Troll BI P,.do, Now Mexico 87529 . TILl'''''' 505-7>1-1963
MAlLlNG; PO Pox 893 bDl, New MexicG 87571 . fMAlt.: rpaOlwWJne.ll: .(:om
FW: Shed Variance
Page I of 1
Adam Tietz
From: Mary Austin [m2austin@ecentral.com]
Sent: Thursday, February 21, 2008 11 :48 AM
To: Milton A. Austin
Cc: Adam Tietz
Subject: FW: Shed Variance
Thanks, Adam. I'm forwarding this to Milt. We will be in touch.
Mary
------ Forwarded Message
From: Adam Tietz <atietz@ci.wheatridge.co.us>
Date: Thu, 21 Feb 2008 09:28:19 -0700
To: <m2austin@ecentral.com>
Conversation: Shed Variance
Subject: Shed Variance
Mary,
Milt stopped in the other day to drop off the posting certificate and the responses to the criteria for review. When he
was in I informed him that we had received a written objection to variance from the neighbor at 11 Twilight Dr. and
that we would be discussing it at our staff meeting in order to determine if the objections were substantial. In our
meeting we did determine the objections were substantial enough to require a hearing for the side yard variance.
The next board of adjustment meeting will be held on Thursday, March 27, 2008. If you would like to request a
hearing before the Board of Adjustments an additional $280 will be required to received by Wednesday, March 5,
2008. If the additional fees are received and a hearing is requested, your variance request will be placed on the
agenda for that evening. As the applicants, you will be required to attend the hearing.
The hearing before the Board of Adjustments is a public hearing. At the hearing, staff will present the case and give
their recommendation to the Board. The applicant will also have the opportunity to present their case to the Board
and answer any questions from the Board regarding the variance request. Since the hearing is a public hearing, any
person present in the audience will also have the chance to speak on this matter. They can speak in support or
against the request. The Board of Adjustments will decide on the outcome of the variance request and have the
ability to approve, approve with conditions, or deny the request.
If you or Milt have any questions or comments, don't hesitate to get in touch with me.
1
~n
AtUM~1.
ADAM TIETZ
Planner, Community Development
City of Wheat Ridge
7500 West 29th Avenue Wheal Ridge, CO
303.235.2845
------ End of Forwarded Message
02/21/2008
Address:
Residential Worksheet
1vll,yri Pr.
Lot Size:
IS
'1---(
\~5(y
Lot Width:
ft.
sq. ft.
Property in the flood plain?
~
Zoning:
Maximum Lot Coverage:
~
%
337 ~<S sq. ft.
Existing lrhJ?rovement( s):
sq. ft. House: 217'0 sq. ft.
sq. ft. Shed: sq. ft.
sq. ft. Detached Garage:
Sq.~ #
Z <61:5 % 2./. tj;{ sq. ft.
sq. ft.
Proposed lrhprovements:
House:
Addition to House:
Shed: (17
Detached Garage:
sq. ft.
Proposed Lot Coverage: (Total)
Required Setbacks: FR '70 S '}O S IS R 50
Provided Setbacks: FR )0 S $," S 7.f R 30
Maximum Height: 10 ft. Maximum Size: L.{oo sq. ft.
Proposed Height: 10 ft. Proposed Size: 117 sq. ft.
Access Notes
For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site
shall be surfaced with concrete, asphalt, brick pavers or similar materials.
For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any
property line, except when used as joint access for two or more lots.
In residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width.
One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet
apart, measured from the interior edges.
For all uses, one access point per property is pennitted.
Landscapin~ Notes
For one-and two-family dwellings, one tree for every 70 feet of street frontage is required.
100% of the front yard and 25% of the entire lot must be landscaped prior to issuance ofC.O.
Street trees required:
Street trees provided:
.~ ,,' , " City of
'(VWheat~dge
.~OMMLJNI1Y DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
March 13, 2008
Dear Property Owner:
This is to inform you of Case No. W A-07-23 which is a request for approval of a 7.5 foot side
yard setback variance from the 15 foot side yard setback requirement resulting in a 7.5 foot side
yard setback on property zoned Residential-One (R-l) and located at 15 Twilight Drive. This
request will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the
Municipal Complex at 7500 West 29th Avenue on March 27, 200S, 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 A0723.doc
www.ci.wheatridge.co.us
NE28
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COLORADO
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(DESIGINATES OWNERSHIP)
WATER FEATURE
SE 28
* DENOTES MULTIPLE ADDRESSES
r';"J 100-YEAR FLOOD PLAIN
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DEPARTMENT OF
PLANNING AND DEVELOPMENT
MAP ADOPTED: June 15,1994
Last Revision: September 10, 2001
DIEHL DAVID A SCHNEBLY SCOTT S GARRAMONE JOHN
DIEHL JUDITH A GARRAMONE ROSE M
21 RANGEVIEW DR 19 RANGEVIEW DR 3 HILLSIDE DR
WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
7006 3450 0002 4529 0490 0506 7006 3450 0002 4529 0513
7006 3450 0002 4529
DRIFTMIER STEPHEN W LICHTY ROBERT W KORNELL Y MARVIN L
LICHTY HAZEL L KORNELL Y CAROL JEAN
17 RANGEVIEW DR 16 RANGEVIEW PL 15 RANGEVIEW DR
WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
7006 3450 0002 4529 0520 7006 3450 0002 4529 0537 7006 3450 0002 4529 0544
CASSON JEAN F URBAN MARZENA KRAWIEC BRENNAN MARY
9 RANGEVIEW DR URBAN MICHAEL D BRENNAN DANIEL
WHEAT RIDGE CO 80215 11 RANGEVIEW DR 17 TWILIGHT DR
mUEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
7006 3450 0002 4529 0551 7006 3450 0002 4529 0568
7006 3450 0002 4529 0575
SHURI RICHARD L DZINSKI SANDRA AUSTIN MARY LEMAN
HOERNER PEGGY A BETTENCOURT STEVEN L 15 TWILIGHT DR
19 TWILIGHT DR 23 MORNINGSIDE DR WHEAT RIDGE CO 80215
LAKEWOOD CO 80215 WHEAT RIDGE CO 80215
7006 3450 0002 4529 0605
7006 3450 0002 4529 0582 7006 3450 0002 4529 0599
SCHW ANKL LORETTA DITlRRO BINDERPAULL MYRTLE KIELSMEIER F AMIL Y
1 RANGEVIEW CIR MORRISON WENDY L TRUST
LAKEWOOD CO 80215 8 RANGEVIEW DR 6 RANGEVIEW DR
WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
7006 3450 0002 4529 0612 7006 3450 0002 4529 0629 7006 3450 0002 4529 0636
PARKER SYLVIA A FELTON DOUGLAS E PETERS JULIE A
11 TWILIGHT DR FELTON PATRICIA L LEGGETT SHERRI
WHEAT RIDGE CO 80215 4 RANGEVIEW DR 14 TWILIGHT DR
WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
7006 3450 0002 4529 0643 7006 3450 0002 4529 0650 7006 3450 0002 4529 0667
JOHNSON DOROTHY B TANNER ALEX J KLING LIVING TRUST THE
PO BOX 150321 TANNERLAURAC 19 MORNINGS IDE DR
LAKEWOOD CO 80215 21 MORNINGS IDE DR WHEAT RIDGE CO 80215
WHEAT RIDGE CO 80215
7006 3450 0002 4529 0674 7006 3450 0002 4529 0698
7006 3450 0002 4529 0681
KIMSEYFAMILYTRUSIIJ:ib HAYDEN DIXIE KAY
12 TWILIGHT DR 3865 AMMONS ST
WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80033
7006 3450 0002 4529 0704 7006 3450 0002 4529 0711 7006 3450 0002 4529 0728
MEURER QUEEN E MARCINE J CORLEW REVOC STEARNS FRED P
INTERVIVOS TRUST STEARNS RUBY G
8 TWILIGHT DR 10 TWILIGHT DR 15 MORNINGS IDE DR
WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
7006 3450 0002 4529 0735 7006 3450 0002 4529 0759
7006 3450 0002 4529 0742
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02/15/2B28 B8:35
5B57511963
PAGE Bl
ROBERT
PARKER
ASSOCIATES
AR.CH ITECTUR.E
lIUAN DESIGN
PlANNING
INNOVATIVE SOtuTIONS WITH IUSrECT fOR. TAAOtTlON
15 February 2008
By FlIl to 303-235-2845
Mr. Adam Tietz
Community Planner
City of Wheat Ridge
Wheat Ridge, CO
S0215
Ref: Zoning Variance Request: Case No. WA07-23: 15 Twilight Drive
Dear Mr. Tietz,
Thank you for talking with me this morning about the Tequest for the proposed zoning variance
on 15 Twilight Drive. I am writing on behalf of my Stepmother, Ms. Sylvia A. Parker, in regard
to this case. She resides at II Twilight Drive, inunediately to the east and adjacent to the
property in question at 15 Twilight Drive.
My understanding is that the request for the zoning variance is for a reduced side yard setback
from 15' to 7.5' for the purposes of erecting a storage shed on the east side of the subject
property. You stated that the proposed shed is to be of frame construction, but are unaware of
whether it is a custom built or pre-manufactured structure.
In discussion with my Stepmother, we wish to object to the proposed zoning variance in this
matter. Our objection is based on several concerns including;
. the probable reduction in property value for her property by a erecting storage shed this
close to her property line and;
. without knowing the particular design of the proposed storage shed, it is not possible to
ascertain how it might or might not fit in visually with the prevailing architectural styles
in the neighborhood. If it is to be a pre-manufactured frame struCture it is unlikely that it
would aesthetically be compatible with the predominately brick, single family homes in
the area and;
. we do not have knowledge of its proposed exact location in respect to the publicly visible
areas of the subject property and the possible visual effects on Ms. Parker's property. Ifit
were to be located toward the front area of the subject property it would visually be
incompatible with front yard areas in the neighborhood. If it is to be located toward the
DELlVIRIES, 72 Nighthawk trail III Prodo, New Mexico 87529 . TfVfN(; 505-7S1-1963
M-<lLlHG, PO Box 893 To,,", NeW Mexico 87571 . EMAll<rp..Onewmex.com
0"/15/2028 08:35
5057511953
PAGE 02
rear of the subject property along the east side, it will block views from Ms. Parker's rear
yard.
Therefore, we do not support the proposed zoning variance in this matter.
Should you have any further questions, please feel free to get in contact with me.
Sincerely yours,
G. Robert Parker
President
cc Sylvia Parker
0I!15!2028 08:35
5057511963
PAGE 03
ROBERT
PARKER
~. ASS 0 C I ATE S
ARCHITECTuRE
t)R6AN DHIGN
PLANNING
INNOVATIYE SOLUTIONS WITH ItESPECT FOIt TRADITION
Fax Transmittal
Fax No. j-JIJ3-235-2e4-5"
D... Ifi :; ~ N~ p"g.. ...Id. C.." 3
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From: Nj PtU!ur}
Ref: ~ ~ /J~ ~ CM.t '" WAo1-23
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).OCATION. 72 Nighthawk Trail El Prado, New Mexj<o 87529 . TELlFAX.505-751-19&,
MAILING: PO 80x 893 Taos, Ne-w Mexico 87571 . EMAlL: l'pa@newmex_com
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WheatRt....dge
POSTING CERTIFICATION
CASE NO.
W A-07-23/Austin
DEADLINE FOR WRITTEN COMMENTS:
February 15. 200S
I, f//l:{-I-vYl A ~vs.-f;n
I ' ~am~
residing at /.< ~ '/'d l1"?Jy 1,Jr..fu-.+':(~;>J of' (J)
(address)
eIJ;},t r-
as the applicant for Case No. W A-07-23/Austin
, hereby certify that I have posted the
j-rr-<
on this ~y of
sign for Public Notice at / S /w..)~, Jd ;;1"
(10 at ion)
;:::-d.
.
, 20 0 g' , 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.
Si~;h :;r, ;P~'
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
1
P5.J
~
00007 00000
~
00002
LAND USE CASE PROCESSING APPLICATION
Commnnity Development Department
7500 West 29th Avenne, Wheat Ridge, CO 80033
Phone (303) 235-2846
(please print or type all information)
Applicant m al/i1 IJ U s-h iU Address / S- T wi I / j h+ Z>v. Phone 30'3 'f.)-S' m
City /AJkea+ 72,4 State ('0 Zip ROd-/<!; Fax
Owner l11av:t Ao<;;-h/J Address /~ TU/,'!tjh-f'Vn'W!... Phone 303 4'd-.SSS2d'
City tJh ea,j e..J(f State (' ,0 Zip S CH-1 '5 Fax
Contact Lo..nce Ca.h-hIJ Address >70 S, 'ToJ!- Phone ;303 ":<-9 'i<?'-::"'7
City Lalc-ew<rod State CO Zip 2o~f?- Fax
(The person listed as contact will be contacted to answer questions regardipg 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): /5 rw,'/'
vi~ Whewt-72Id
CO 'fOg-IS
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
o Change of zone or zone conditions 0 Special Use Permit
o Consolidation Plat 0 Subdivision: Minor (5 lots or less)
o Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots)
o Lot Line Adjustment 0 Right of Way Yacation
o Planned Building Group 0 Temporary Use, Building, Sign
o Site Development Plan approval .I2rYariancelWaiver (from Section )
o Other:
Detailed description of request:
COhS+vUC+>'O,., of SA-ed - s+0"-6fJ S,hf'J. =Plo..cefYle,,+ Perm'
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 accomplished. Applicants other than owners
must submit power-of-attorney from the owner which approved of this action on his behalf.
.'filt:) ~ (7f luJ -~ '_ _
Subscribed and sworn to me this -1- day of ]) <: c e"" kv , 20 QL
JUiu~" ;} A~tZr-
Notary Public
My commission expires Ie / Z '" /c 9
Date received
Comp Plan Desig.
Related Case No.
06 /' /1
Fee~0/tl6 ~ IWceiptNo, v42tJJXl3
Zomng IL:-L
Pre<App Mtg. Date
Case No. tU/J-{)7-;J-3
Quarter Section Map ~J-'
Case Manager 7/\
City of
Wheat~idge
CERTIFIED LETTER NOTICE
February 6, 2008
Dear Property Owner:
This is to inform you of Case No. WA-07-23, a request for approval of a 7.5 foot
side yard setback variance from the 15 foot side yard setback requirement resulting
in a 7.5 foot side yard setback on property zoned Residential-One (R-1) and located
at 15 Twilight Drive.
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 February 15, 2008.
Thank you.
WA0723.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
tv A-Q7 -~3/ 1hs-h11
AUSTIN MARY LEMAN
15 TWILIGHT DR
WHEAT RIDGE CO 80215
7006 3450 0002 4529 2364
BINDER PAUL L
MORRISON WENDY L
8 RANGEVIEW DR
WHEAT RIDGE CO 80215
7006 3450 0002 4529 2395
P ARKER SYLVIA A
11 TWILIGHT DR
WHEAT RIDGE CO 80215
7006 3450 0002 4529 2425
Aim 1 'n. YJ t-he.. .L ;;../ (p - J../;:r
PETERS JULIE A
LEGGETT SHERR!
14 TWILIGHT DR
WHEAT RIDGE CO 80215
7006 3450 0002 4529 237~
KIMSEY FAMILY TRUST THE
12 TWILIGHT DR
WHEAT RIDGE CO 80215
7006 3450 0002 4529 2401
15
KORNELL Y MARVIN L
KORNELL Y CAROL JEAN
15 RANGEVIEW DR
"VHEAT RIDGE CO 80215
7006 3450 0002 4529 2388
DRIFTMIER STEPHEN W
17 RANGEVIEW DR
WHEAT RIDGE CO 80215
7006 3450 0002 4529 2418
BRENNAN MARY
BRENNAN DANIEL
17 TWILIGHT DR
WHEAT RIDGE CO 80215
7006 3450 0002 4529 2432
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COLORADO
PARCEULOT BOUNDARY
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WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
~ 100-YEAR FLOOD PLAIN
~ (APPROXIMATE LOCATION)
SE 28
@
o 100 200 :?OO 400 feet
DEPARTMENT Of
PLANNING AND DEVELOPMENT
MAP ADOPTED: June 15, 1994
Last Revision: September 10, 2001
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Response to Variance Criteria
Shed Placement
15 Twilight Dr.
Milton and Mary Austin (Owners)
A. The placement of this shed will increase storage and value
For any property owner of this property. It will increase the
Over all desirability and value of this property.
B. I do not feel that granting of this variance will effect
The the essential character of this locality, in fact
The shed should blend in nicely.
C. The investment that I am making is the actual
Variance request itself. The time and money spent
By myself is for the good of all. I am trying to put
The shed in the most inconspicuous place possible.
So as to not make it outstanding or overly visible
In the locality.
D. This unique property has 3 frontage streets. The proposed
Placement Of this shed will minimize its visibility from
The frontage streets.
E. The shape of the yard and frontage streets of the property
Has not been created by any person having interest in the
Property
F. The location of the shed would not be injurious to the
Development of any adjacent property nor would it be
Detrimental to public welfare. It will not impair adequate
Supply of light or air to the adjacent property. It will not
Affect congestion on public streets in any way. It will not
Endanger public safety or diminish property values in
The neighborhood. It should not increase fire danger.
G. I have noticed that it is not unusual for sheds to be
Placed closer that standard variance allows in this
neighborhood.
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Ol -0440 (t;;d
Storage Shed Placement Permit
(for storage shed that DO NOT exceed 120 sq ft in floor area)
Department of Planning and Development
CitY of Wheat Ridge
1500 West 29tlt Avenue
Wheat Ridge. CO 80215 - 303-235-2855
Properly Owner: Ma.'f1 Avs-nrV
Property Address: 1$ It.JI (~'h+ :Dviv-'Z... t ~ f'\:f
Phone: 303' tfCt- ~. 55" C, 8
Contractor: Horneot"ll)ev Phone: 303 <(..:;}--:> ssocY
. - --~~,
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed for this permit application are accurate, and do not violate appiicable
ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all
measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on
this application, and that I assume full responsibility for compliance with the Wheat Ridge Building Code (U.B.C.) and all
other applicable Wheat Ridge ordinances, for work under this permit.
.\:;.
Date:
(OWNER/CONTRACTOR) Signature:
Description: )O'J(\?-- S~')
Use: f''l&f /l
/-rtu1'l.,
Zoning: f - I
Sq. Ft.:
Building Setbacks. Side: (~Rear: IS Front: S c:>
~ ~en- Hl- ".d,..LJ
~~~ J __ ''''\;In:. ""TT'-tVfVt-lf
,-
~-
--
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Approval:
_~l!i!!!!!!!!!!1Pill;W~
awm~~]:~
Approval:
II
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II
No work of any manner shall be done that will change the natural flow of storm water causing a drainage prohlem.
Owner I contractor shall notify the huildlng department twenty-four (24) hours in advance for all inspections, and shall receive
written approval an inspection.
The issuance of a permit or approval of drawings shall not be construed to be a permit for, nor an approval of, any violation
of the provisions of the building codes or any ordinance, iaw, rule or regulation.
Sheds must be properly and securely anchored at all corners.
PLEASE NOTE: Owner I conlractor is responsible for locating properlY lines and constructing improvements according to the
approved plan and required developmentstandards.1l1e City is not responsible for inaccurate information submitted within
the plan set and anll construction errors resulting from inaccurate information.
Codes Administrator
-...l~
~ _ ~ City of .
?WheatRL-dge
CITY OF WHEAT RIDGE MUNICIPAL BUILDING 7500 W 29th Ave Wheat Ridge, CO 80033-8001
p. 303.234.5900 f 303.234.5924
November 21,2007
Mary Austin
15 Twilight Drive
Wheat Ridge, CO 80033
rr (0"., ")J ~
~\::2J ' ~
RE: Storage Shed Placement Permit
Dear Ms. Austin:
Your storage shed placement permit for the above property has been reviewed and I have the
following comments:
1. As the site plan shows, the side yard setback is set at 5 feet. This setback will be
required to be increased. City code states, all accessory structures in an R-l zone
district are required to have a minimum setback of 15 feet. The property 15 Twilight
Drive is located in an R -1 zone district and the shed is required to have a side yard set
back of 15 feet.
2. The maximum height a storage shed may be is ten feet in height. Please indicate on the
plans the proposed height of the shed. The heighfis oIllieshed is determined by the
height at mid roof, halfway between the bottom ofthe eave and peak.
3. According to city data, the property line may be closer to the home then indicated on
the plan submitted. Please provide an accurate depiction of the property boundaries and
the placement of the shed in reference to these boundaries. (see attached aerial with
property lines for further reference)
If you wish to proceed with the site plan as previously submitted a variance will be need to be
requested. Since the request of having a 10 foot side yard variance is greater then 50%, a
hearing before the Board of Adjustments would be required with the associated fees. If a
variance is not desired, please resubmit a new site plan showing the location of the shed with
the correct setbacks. The site plan should also show the height of the shed.
More information may also be required to be provided by other departments depending on their
comments pertaining to this permit.
Please feel free, to conta~th any questions or concerns at 303-235-2845.
Sin~~
Adam Tietz r
Planner, Community Development Department
City of Wheat Ridge, Colorado
p. 303.235.2845 f.303.235.2845
atietz@ci.wheatridge.co.us
email: info@cLwheatridge.co.us www.ci.wheatridge.co.us
./-
IIIIIIIIIIIIIIUI
2007074936
06/27/2007 12:56:20 PM 1 page(s)
Jefferson County, CoLorado
R $6.00
D $41.90
WD
.----'
THISDEED, Made on this day of June 25, 2007
TIMOTHY L. VERNIER AND SHERJ: L. VERNIER
, between
o
\..
WARRANTY DEED
of the
MARY LEMAN AUST:IN
MI-fir
scud
County of Jeff~nd State of COLOMDo
, the Grantor(s), and
whose legal address is : 15 TWJ:LIGHT DRIVE WHEAT RIDGE, CO 80215
of the County of JEFFERSON and State of COLORADO
. the Grantee(s):
WI1'NESS, That the Graritor<sf, for and in conSideration of the sun of C $419,000.00 )
*** Four Hundred Nineteen Thousand and 00/100 *** DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm I6ItO the GranteeCs), his heirs and assigns forever, all the
real property, together with inprovements, if any, situate, lying and being in the CotrIty of
JEPFERSON and State of Colorado, described as follows:
LOT 4, BLOCK 11, AND THE EAST FIVE ~ OF LOT 3, BLOCK 11, PARllKOUNT HEIGHTS, PART
POUR, COtINTY OF JEFFERSON, STATZ OF COLORADO.
Stata'Dbcumsm'l'V Fae
also known as street I1UIbE>r 15 TWILIGHT DRIVE ~T RIDGE CO 80215
TOGETHER .with -all .and singular. and heredit n~'-and.appur.tmi"rk~?~ereto beionging, or in anywise appertaining
and the reversion and reversions, remainder andremal rs, ,~'lssues aild profits thereof; and all .the estate, right
title interest, claim and demand. whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, wHhthe hereditaments and appurtenances;
TOHAVEANDTOHOLD the said premises above bargained and described with appurtenances, I.I'Ito the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and w.ith the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee sinple, ancIhas good right, full power and lawful authority to grant, bargain,
s~ll, ,arxt "convey tile. ,same in.~I":::.~flCI.,.~~[I'l",.~",'"af~r~.aid,. ..iMld. ,,~~~tt~4:' ,s8ffle.are, "fr:ee anrJ "c~'~r, from all fOrmer and other
grants;bar:9.aJ11S_i ,sa,l~~,.liens.:;.t~~,','~se$sments,.~~rances-.aridJ~es.trictions'::of ,Whatever kind or nature 'soever,
subject: t:o general t:aXes Eor t:he year :2007 aDd t:hose ',;p.aiEla bcept:iODB described by reEereDce t:o reaozded docuzae.at:. _
.reflect:ed i.zJ t:.&e !l"lt:le DoCllaleDt:S accepted by Qraat:ee(.J b acGOzcfaDce ,,1t:'& Sect:iOJl 'B& (Tit:le Renew) of che COJlIt:r&at: t:o
Buy and Sell Real &lC.t:e relat:ing t:o t:be above desc:r:Lbed pzopert:y; cU.t:ribut:.:lOll uUJit:y eaaareat:. (.:lDcJ.udJag crable W);
t:hose specif:1aaJ.ly desar.:lbed rlghts of t:::bird part.:les .aot: s.boIm. by the public record. of wl&:Lcb Oraat:ee(.) baIf 40t:U&l
kDowledge a.ad which were accept:ed' by Ora.at:ee{.) .f.a accoriaace w.:lth Sect:1OD Bb (Jratt.-. .bot: SIxnrm by the Public~) and'
Section Bc (Survey Renew) of t:he Co.atract: t:12 Buy and Sell Real ~t:.te re1at:.:lDg to the ,aJ,ove described zeU p~;
.i.aclusjon of the ..Properf:Y "ithin any .pedal t:.x d.:l.t:dcf:; aDd, t:.he beaef.:Lt 4t1d bw:deJUI of any declarat:.:lo.a ar:td party w&1.1
agreeztfeDt:., if any aDd ot:her NONIl
The Grantor(s) shall and will'WAiRAtn::]QID FOREVER DEFEND the above bargained premises. in tbe quiet and peaceable
possession of the Grantee(s),.his heirs and assigns, against all. and every person or. persOnS lawfully claiming the whole
or any part thereof . The singular'nu1ber_ shall include .the..plural, and the plural the si:ngular, and the use of any gender
shall be appl icable to all genders.
mWITNESSWBEREOF the Grantor(s) hasexecut:::;~d~
.L. V'B.RNI.KR
By, q;J( ~ M t~ -^- ~
SSP,I'r.-...vmiN:IBR ..
STATE OF
COLORADO
crrrAND
County of
D""""R
)
)SSe
)
pr~~~s-~- grant, bargaln, ~t::""t:"',:",'~:-I
r~aLproperty, tog~th~r with improv_nts, ifarrt, situate, wlllgana ~..~ ... _n_
JEFFER!!ON and State of Colorado, described as follOWS:
r.<:.lTX;'lILoClt 11, AND TIlE BAST F:IVl!l pUT OF LOT 3, BLOCK 11, pARl\MOUNT BB:tGBTS, PART
FOUll.. COUNTY OF JEFFERSON, STATE OF COLOlUIDO.
State Obcument<:nv Faa
also known as street IllJ1i>er 15TW:tL:tGBT DR:IVl!l ~T R:IDGE CO 80215 I
TOGETHER -th II nd l and h ed-t S. -~ 'LtIJ'/O th t bel' - -' - -
, w' aa singu ar er' ,."a.~.appur.~*~~.... ere 0 ong,ng, or '" anyw,se appertam,ng
and the reversion and reversions, remainder and rerne' r,. ",-'issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the_ hereditaments and appurtenances;
TOBAVEAl'ilDTOHOLD the said premises above bargained and described with appurtenances, ....to the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s) , his heirs and assigns, that at the time of the ansealing and delivery
;.:,;:",~..::,:;.:,~.;~j".,~,;;;;r.,,,;::~...~ ,;;;"..,."';".:.!:f',;;;;,;":.;:i. '=~".
grantsib8rg~il1S,s1'~~~i Ii ens..t'~~i:~~~~ts...~~ranc~aridr~triCtjOf1S'Pf.'whate'ler"kind ..or I)lOtures9"ver, ....,.
Subj~t to general t.xe.' for the ye"" 2001 .... tbo.e "p-ifie _opd""" desorihed by referen- to recorded _to ..
""neoted iD the 1'.iUeDoo=eDt. aooopted by arant_C.) iD &Ooo...."oe with section Ba C1'.itle _ow) of the """tract to
BuY and Sell Real ".tate r.latin9 to the"""'" de._ PEOpertY; di.tdhution udHty ..._t. Cinoluding oabl. ",,);
tho.. ...-ifioa11y de._ rights of third parties not ._ by the pubHo ""00.... of ..hich """"t_C.) - actual
kDowled9. and ..hi.h ..or<< _.pted by arant_C.) iD &ooo.....oe with Section Bh c...ttera not Shown by the ......Ho """,,_) aDd
section Bo (survey Review) of the cont_t to BuY aDd Sell Real ".tat. r.lating to the abo'" deser!bed zeal p~;
inoludon of the PEOPertY within """ ...-ial tax di.triot; ..... the .....fit aDd hu%den. of """ declaradon .... party wall
agreements; H aD.Y aDd other ~
Th~Grantor(s) shall and will \/ARRANT AND FOREVER DEFEND th~aboV~ bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs arid assigns, against all and ~v~ry person or persons lawfully claiming the whole
or any part th~reof. The singularlllJ1i>er shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders~
lNwrfNESSwm:REOF the Grantor(s) has executed this ~~t~ set forth Jd"'~e~
By' /::ZC:~:y(_J-/V ~
~L._
By' Cf(/l Q ^~ \t -^ ~ ~
S1V<BI L. - -
COlI'\ty of DJDjIf/B1L
)
)ss.
)
-- -.-- -_.-~-
STATE OF
cr.rr AJID
COLORADO
,.~-'---.-----
lh~ foregoing instf'tl1ll!l1t was acknowledged before me on this day of """. Z5, Z'01
by T~ L. ~ AJID S1IBRI L. 11BllmBl!
Name and Address
y r a
~~
Notary Pool i c
My comnission expires
Witness-my hand and off
JULIE MEYERS
dal OOTARY PUBLIC
STATE OF COLORAD
Escrow# A70185469
Title# K70185469
Form 84 08/29/04 \lIl1 IlARRAN~!iJ\~tographiC)
5-106.5, C.R.S.)
15 T111L1GHT DRIVE \/HEAT RIDGE, CO 80215
{50m35}
Page 1 of 1
Adam Tietz
From: Meredith Reckert
Sent: Thursday, February 07, 2008 2:13 PM
To: Adam Tietz
Subject: FW: 15 Twilight Drive
Hi, Adam-
Can you follow up on this? I believe it was approved last summer. Should've been a fence height variance.
Thanks -
Mere
From: Kenneth Johnstone
Sent: Thursday, February 07, 2008 2:00 PM
To: Meredith Reckert
Subject: 15 Twilight Drive
Meredith,
Chief Brennan lives next door to 15 Twilight Drive and was wondering what the variance request was. He was
under the impression that they were requesting a 7.5-foot tall fence, which I do not believe is the case. Could you
please have Adam send me an e-mail with a brief synopsis that I could forward to Dan. Thanks.
Ken Johnstone, AICP
Director of Community Development
City of Wheat Ridge, CO
(303) 235-2844
02/15/2008
Page 1 of2
Adam Tietz
From:
Sent:
To:
Daniel Brennan
Friday, February 08, 2008 1 :32 PM
Kenneth Johnstone
Cc: Adam Tietz
Subject: RE: 15 Twilight Dr. Variance
Thanks for the clarification.
eftioj BrOHHttH
Daniel Brennan, Chief of Police
Wheat Ridge Police Department
7500 West 29th Ave
Wheat Ridge, CO 80033
Phone' 303-235-2913
This electronic mail transmission and any accompanying documents contain information belonging to
the sender which may be confidential and legally privileged. If you are not the intended recipient of
this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and
any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please notifY
me immediately by telephone or e-mail and destroy the original message without making a copy.
Thank you.
From: Kenneth Johnstone
Sent: Friday, February 08, 2008 11:56 AM
To: Daniel Brennan
Subject: FW: 15 Twilight Dr. Variance
Dan,
Attached is a summary from Adam Tietz regarding the variance request in your neighborhood. The property
owner has applied for a variance, which is eligibie to be processed administratively (Director approval) provided
non neighborhood objections are received and the application meet the variance criteria from the municipal code,
We have not completed our analysis of whether it meets those criteria. Please let me know if you have
questions, comments, etc. Thanks.
Ken Johnstone, AICP
Director of Community Development
City of Wheat Ridge, CO
(303) 235-2844
From: Adam Tietz
Sent: Thursday, February 07, 2008 3:04 PM
To: Kenneth Johnstone
Subject: 15 Tiwlight Dr. Variance
Ken,
The residents living at 15 Twilight Dr. submitted a building permit for a storage shed at the beginning of
December. Upon initial review, the structure was proposed to be constructed within the required side yard
02/15/200S
Page 2 of2
setback for a shed in an R-1 zone district (15 feet). The applicants were informed the structure would violate the
setbacks and that it would either need to be constructed in a different location or a variance would need to be
approved before they could construct a shed in the proposed location. Shortly after being informed of this, the
applicants submitted an application requesting a 50% or 7.5 side yard setback variance. When they submitted
the application it was not complete and were told the application would not be processed until all the missing
documents were submitted.
Last week, the applicants submitted the remaining documents that were required and the case is now being
processed. The shed that is being proposed will be 117 square feet (9x13) and 7.5 feetfrom the property line
instead of the required 15. The posting of the property and noticing of neighbors began yesterday, Feb. 6. and will
go until the 15th at 5 p.m.
The variance is for the side yard setback for the proposed shed, not a variance to the fence height.
ADAM TIETZ
Planner, Community Development
City of Wheat Ridge, Colorado
7500 West 29th Avenue, Wheat Ridge, CO
303.235.2845
303.235.2857 fax
02/15/2008
l5 Twilight Drive application for shed construction
Page 1 ofl
Adam Tietz
From: Mary Austin [m2austin@ecentraLcomj
Sent: Wednesday, December 05, 2007 10:43 AM
To: Adam Tietz
Subject: 15 Twilight Drive application for shed construction
Hi Adam-
We've checked with the neighbors whose property abuts ours about any objections to the construction of the
privacy fence and shed we are planning. While we are waiting for our permit, I am forwarding our neighbor's
response in case it is of any benefit.
Sincereiy-
Mary Austin
15 Twilight Drive
Wheat Ridge CO 80215
303-425-5538
n____ Forwarded Message
From: wendy morrison <wendymorrison8@yahoo.com>
Date: Mon, 3 Dec 2007 12:48:47 -0800 (PST)
To: Mary Austin <m2austin@ecentral.com>
Subject: Re: Fence and stuff
Hi there - Don't worry about the shrubs. I can pick some up next spring if I really want to. Thanks for trying. And
as far as the fence and so forth, I don't see any problems, so feel free. FYI, you may want to be careful about the
adjoining property line because there is a phone line running there that hasn't been on the plots in the past, and
there have been outages twice. The phone and electric companies took care of the repairs once they finished
fighting about who was responsible, and it should be on the plots now, but you know how that can go. Anyway, I
hope all is well with your mom and you had a good trip to my home town - San Fran. - Wendy
Wendy Morrison
wendym orrison8@yahoo.com
n___ Original Message un
From: Mary Austin <m2austin@ecentral.com>
To: wendy morrison <wendymorrison8@yahoo.com>
Sent: Monday, December 3, 2007 2: 18:41 PM
Subject: Fence and stuff
Fence and stuff Hi Wendy-
First, the truth about the sumacs. We got them dug up and put in pots, and then Rufus, while unsupervised, chewed
them up along with the buckets they were in. I am very sorry about that.
Anyway, 1 was wondering if you had any objections about the fence and shed I mentioned. We might be starting up
on those soon and wanted to make sure it's all ok with you.
Best regards-
Mary
Be a better sports nut! Let your teams follow you with Yahoo Mobile. Try it now.
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nnn End of Forwarded Message
02/05/2008
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Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App: Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File location:
Notes:
Follow-Up:
Quarter Section Map No.: lSE:2~
Related Cases: I
IwA0723
jMary Austin,
lc/o Lance Cantin
1A11stin
IMary
j570 S. Taft
ILakewood, CO 80228
1303-829-8329
115 Twilight Dr.
Iwheat Ridge, CO 80215
1303425-5538
115
jTwilight Drive
Iwheat Ridge, CO 80215
Case History:
Review Body:
APN:
2nd Review Body:
2nd Review Date:
Decision.making Body:
Approval/Denial Date:
Reso/Ordinance No.:
jTietz
!Active
j
I
CITY OF WHEAT RIDGE
03/04/08 12:50 PM cabb
milto-n austin
RECEIPT NO,CDB000010
FMSD ZONING APPLICATION F
zone
FMSD ZONING REIMBURSEMENT
lTeim
PAYMENT RECEIVED
-CK 2314
TOTAL
AMOUNT
100.00
180.00
AMOUNT
280.00
280.00
-- ---- ------- - -- ----- ------ ------- - ..----
Side yard setback variance
\Adm.
139-284-11-001
I
1
I
I
I
Conditions of Approval:
District: 111I
Date Received: 11:2141:2997
Pre-App Date:
CITY OF WHEAT RIDGE
12/07/07 11:07 AM cdb
Mary L. A"stin
RECEIPT NO:C024893
FMSD ZONING APPL ATION F
zone
,
"
n:,
~' ,
".t,
PAYMENT RECEIVED
CK 1936
TOTAL
1