HomeMy WebLinkAboutWA-13-14WHEREAS, an application for a variance was submitted for the property located at 8233 W. 28"
Place referenced as Case No. WA -1 -14 / Gadd; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on infonnation 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 were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a 2.5-foot variance from the 5-foot sideyard setback
variance to allow a 2.5-foot side yard setback on property in the Residential-Two (R-2) zone district
(Case No. WA -13 -14 / Gadd), is granted for property located at 8233 W. 28"' Place, based on the
following findings of fact:
1. The variance would not alter the essential character of the locality.
2. The applicants are proposing a substantial investment in the property that may not be
possible without the variance.
I The proposed shed is consistent with existing conditions with surrounding properties along
Brentwood Street and Balsam Street where many adjacent properties have accessory storage
sheds.
4. The alleged hardship has not been created by any person presently having an interest in the
property.
5. The request would not be detrimental to public welfare.
With the following conditions:
The design and orientation of the shed be consistent with Exhibit I in the staff report,
Date
TO: Ken Johnstone, Community Development Director
FROM: Wade Sanner, Planner I
M
SUBJECT: Administrative Variance for 8233 W. 38"' Place
The owner of the single family residence at 8233 W. 38 Place has proposed a 2.5 side yard
setback variance request for construction of a storage shed on the eastern side of his property
The property owner has proposed installation of a prebuilt storage shed 2.5 feet from the east
property line. The proposed construction would require a 50%, 2.5-foot variance, from the 5
foot side yard setback requirement in the R-2 zoning district.
Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director
of Community Development to decide upon applicants for administrative variances from the
strict application of the zoning district development standards that are not in excess of fifty (50)
percent of the standard.)
Summary of Existing and Proposed Conditions
The property is located at 8233 W. 38"' Place 0"" and is zoned Residential-Two
(R-2). The parcel has an area of 12,141 square feet and currently contains a 2,005 square foot
one-story, single-family home with an 889 square foot finished basement. According to
Jefferson County the home was built in 1959. The current property owner purchased the house
in May of 2013.
The surrounding properties are zoned R-2 01 1 1'1 ' * and are used as single-family
homes. Some of these adjacent lots have minor accessory structures, such as sheds, built on their
property.
With the proposed shed, the total lot coverage would be approximately 17%, well below the 40%
lot coverage threshold in an R-2 zoning district. The property meets the minimum lot area and
lot width requirements for single-family homes in the R-2 District.
The proposed structure is not yet designed, but will likely be a prebuilt shed, 8' x 10' or 8' x 12'
in size. The new structure will provide extra storage space as the current attached two-car garage
has 505 square feet and does not provide ample storage space. Due to the approximate square
footage of the proposed shed, a building permit would not be required for the structure, but it
would still have to meet the 5-foot side and rear setback requirements.
The construction and installation of a si storage shed is not out of character for the
surrounding neighborhood. Property owners to the north, northeast, and east of the property
owner's residence all have small sheds in their backyards. Several of these sheds appear to
encroach into required setbacks.
The reason ing the shed be built on the eastern side of his property
is tour told 1 ' b U R I
Variance Criteria
The potential applicant has supplied site plans and responses to the variance criteria; below is an
initial analysis of bow each criterion is fulfilled.
1. The proper" in question would not yield a reasonable return in use, service or
income if permitted to be used only under the conditions allowed by regulation for
the district in which it is located.
If the request were denied, the property would continue to yield a reasonable return ill
use. The property would continue to function as a single-family residence, regardless of
the outcome of the variance request.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
A side setback variance is not likely to alter the character of the locality. The R-2 zoning
district allows for detached accessory structures, and several homes in tile area, including
adjacent properties, have detached storage sheds that appear to encroach into the required
setbacks. The structure would be in the side yard and would be screened from visibility
from 38"' Place by existing vegetation.
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.
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.
The location of the mature tree in the middle of property's rear yard and site access
restricts alternative site locations for the proposed structure. The property owner is
reluctant to remove a healthy tree. Alternative placement on the western side of the
property is equally affected by existing vegetation, ease of access from the front yard and
back patio, and the property's irregular lot fine.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
The hardship described above relates to the location of the proposed structure with
respect to an existing mature tree and the side setback. Since the tree was planted prior to
the current owner's purchase of the home in May 2013, the hardship has not been created
by the applicant. Other options exist for shed placement, but the proposed location is
more logical.
Staff finds this criterion has been met.
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 properties. It is unlikely that the request would impair property values in the
neighborhood.
Staff finds this criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request are
present in the neighborhood and are not unique to the property.
The property is located on a cul-de-sac. This creates a deeper front setback, which in turn
limits space in the back yard. Further, mature vegetation exists on the surrounding
properties as this is an older development, platted in 1958. Other properties in the area
were built in a similar era and have mature vegetation. Other properties in the area also
have accessory structures in close proximity to side property lines.
Staff finds that this criterion has been met,
8. Granting of the variance would result in a reasonable accommodation of a person
with disabilities.
Single family homes are not required to meet building codes pertaining to the
accommodation of persons with disabilities.
Staff finds this criterion is ngLWplicable.
9. The application is in substantial compliance with the applicable standards set forth
in the A reltitectural and Site Design Man uaL
The Architectural and Site Design Manual does not apply to single family dwelling units.
Staff finds this criterion is n2Lgpplicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with a majority of the review criteria, staff
recommends APPROVAL of a 2.5' variance from the 5-foot side yard setback standards
resulting in a 2.5-foot side yard setback. Staff has found there are unique circumstances
attributed to this request that would warrant approval of the variance. Therefore, staff
recommends approval for the following reasons
1. The variance would not alter the essential character of the locality.
2. The applicants are proposing a substantial investment in the property that may not be
possible without the variance.
3. The proposed shed is consistent with existing conditions with surrounding properties along
With the following conditions:
1. The design and orientation of the shed be consistent with Exhibit 1 in the staff report.
'EXHIBIT 1-. Request
9233 W. 38'" PLACE
IMMUMM
Re: Courtesy Review - Request for varianoe
Lot 5, Crane Subdivision, County of Jefferson, State of Colorado
A courtesy review of a request for a 50% variance from the property line in order to
install a prebuilt storage shed (Tuff shed, A shed), The size of the shed will be eiftr
8'xlO'or 8'02', The variance requested is 2,5'from the property line,
Reasons for request:
If you have, questions or require further infonnetion, contact the undersigned,
Encl Site Survey
Deed
Go ogle view of lot
AAA SURVEYING SERVICES, LLC
P.O. BOX 2055 ARVADA,CO 80001:
303 - 519- 7015 1FAX 303 - 940 -4927
IMPROVEMENT LOCATION CERTIFICATE
ATTEN: NELLIE / WENDALL GADD
JOB NO. 13 -0282
DA TE: 0610512013
FEE: $ 200.00
CLIENT : ELITE CONSTRUCTION
ADDRESS: 8233 WEST 38TH PLACE SCALE 1"=30'
LEGAL DESCRIPTION LEGEND:
(PER CLIENT)
LOT 5, CRANE SUBDIVISION, COUNTY OF JEFFERSON, _ � ° ° EXISTING FENCES
STATE OF COLORADO. O FOUND PIN /CAP
• FOUND f4 REBAR
+ FOUND CROSS
143.00'
F -------- - ;1elj 301
J5.5• -- - -Z
h CARPET ,
~ OVER CONC B ,
al
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BRICK IS JJ ='
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S6 MIN. SETBACK UPLIt T)
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ILC IS BASED ON LINES OF
POSESSION AND R.O.W. s AS
SHOWN. ACCORDING TO MY
WTERPRETA7101V OF
COLORADO LAW A BOUNDARY
Si:RV£Y IS RECOMMENDED.
4.45'
WEST 38TH PLACE (60)
ii11nip11H1 iir1
State Documentary Fee
WaiTa Date: May 30, 2013
ty $36.50
(Pursuant to 38-30 -113 C.R.S.)
THIS DEED, matte on May 30, 2013 by PEGGIE A. NOTARIANNI Grantor(s), of the County of JEFFERSON and State of
COLORADO for the consideration of ($365,000.00) """ Three Hundred Sixty Five 7tnwsand and 00/100 "* dollars in hand paid
hereby sells and conveys to M. WENDELL GADD AND MAUREEN A. BRADSHAW Grantee(s), whose street address is 8233
WEST 38TH PLACE WHEAT RIDGE, CO 80033, County of JEFFERSON, and State of COLORADO, the following real
property in the County of Jefferson, and State of Colorado, to wit:
LOT 5, CRANE SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO.
also known by street and [cumber as: 8233 WEST 38TH PLACE WHEAT RIDGE CO 80033
with all its appurtenances and war rants the title to the same, subject to general t axes for theyear 2013 and those specific Exceptions
described by reference to recorded documents as reflected in the Tide Doeurnerks accepted by Grantee(s) in accordance with Record
Tide Matters (Section 8.1) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility
easements, (including cable M; those specifically described rights of third parties not shown by the public records of which Grantee(s)
has actual Iatowledge and which were accepted by Grantee(s) in accordance with Off Record Tide Matters (Section 8.2) and Current
Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the
Property within any special tax district; and other NONE
lli/rrlrr V / Lay ✓i c
PEGG16, ' OTARIANM
State of COLORADO )
) ss.
County of JEFFERSON )
The foregoing instrument was acknowledged before me on this day of May 30, 2013
by PEGGIEA. NOTARIANNI
MIKE HEATH
NOTARY PUBLIC
Notary Public STATE OF COLORA
My commission expires W1v CommK ' 2n''
When Recorded Return to: M. WENDELL GADD AND MAUREEN A. BRADSHAW
8233 WEST 38TH PLACE WHEAT RIDGE, CO 80033
Form 13084 01/2011 wd.odt Warranty Deed (Photographic) K70377755 (16755515)
Laid T&
EXHIBIT 2: Aerial
EXHIBIT 3: Zoning
EXHIBIT 4: Site Constraints
Due to an irregular lot shape, vegetation constraints, providing access from the back patio,
access to the shed from the front yard, providing consistency for adjacent property owner's
already existing accessory structures, and providing ample lawn space, the property owner has
determined that the ideal shed location would be located on the east of the property.
(Illustration prepared by staff accordin to aerial images and existing conditions.)
(Looking North) The applicant is
proposing a small storage shed
similar to the adjacent properties to
the north and east. The applicant
would like place the shed within the
5 -foot setback in proximity to the
neighbor to the east.
(Looking South) To allow for
access from the front yard and back
patio the shed would need to be
located on the east of the property.
if the shed were placed within the
required setback the yard would
only have a 10 -foot access to the
back yard. Building within in the
required setback would provide an
additional 2 feet to the access to the
back yard.
(Looking North) Adjacent property owner's
storage shed within the 5 -foot setback. The
applicant would like to build his storage shed
on the west side of fence. No permit or record
of a variance being granted was discovered for
the adjacent property's shed being built in the
setback.
(Looking North) A storage shed is
consistent with adjacent properties.
(Looking West) The back yard has very
limited space due to mature vegetation on
the site and deep setback of the home on
the property.
City of
Wheat lj,
POSTING CERTIFICATION
CASE NO. WA -13 -14
DEADLINE FOR WRITTEN COMMENTS: Wednesday, August 14, 2013
1, We y - �de_ ll 6adcl
(nar / (
residing at (] 7-- 3 3 LJ 33 " " P/ - U ki eo_. -
(address)
as the applicant for Case No. I 1 � hereby certify that I have posted the sign for
Public Notice at
8233 W. 38` Place
(location)
on this 5th day of August, 2013 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.
Signature: V A 4 � , �
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
MAP
City of
W heat Rjdge
PUBLIC POSTING REQUIREMENTS
One sign must be posted per street frontage. In addition, the following requirements
must be met:
■ The sign must be located within the property boundaries.
■ The sign must be securely mounted on a flat surface.
■ The sign must be elevated a minimum of thirty (30) inches from ground.
■ The sign must be visible from the street without obstruction.
• The sign must be legible and posted for ten (10) continuous days prior to and
including the deadline for written comments [sign must be in place until 5pm on
Wednesday, August 14, 2013]
It is the applicant's responsibility to certify that these requirements have been met and
to submit a completed Posting Certification Form to the Community Development
Department.
City of
"id ge
MUNITY 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
August 5, 2013
Dear Property Owner:
This is to inform you of Case No. WA- 13 -14, a request for approval of a 2.5 -foot
variance from the 5 -foot side yard setback requirement resulting in a 2.5 -foot side
yard setback for a shed on property zoned Residential -Two (R -2) and located at
8233 W. 38`" Place. The attached site plan identifies the location of the variance
request.
The applicant for this case 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 adiacent property owners are required to be notified of the request
by certified mail.
If you have any questions, please contact the Planning Division at 303 - 235 -2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on August 14, 2013.
Thank you.
WAI314.doc
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Site Plan
Request for a 2.5 -foot side yard setback from the 5 -foot minimum requirement for
a shed.
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= 65.98
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RECEIPT N004808848
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LAND USE CASF PROCESSINC APPLICATION
Communih Development Department
7500 West 29 Avenue 11 Wheat Ridge, CO 80033 Phone (303) 235-2846
(I'lease print or iN tv au 6nfiw
Uwation of request (addressi:
IM
Type of action requested (check one or rnore of the actions listed belock ck Rich pellain to Nour request):
Please reftr to vubmirral checAfixh�"firr twa!plde application incomplete applit"Ift.ns svill not be acrepted
I ck"Ing'e of Zone or zone conditions 771 Special Use Per -nin
17 Subdivision: %4inor (5 lots or is
I Consolidation Plat I Conditional Use Pennit 71 SUbdivision. kla�or (More than 5 lots)
" I "lood Plain Special Exception
0 Site Man approval 11 v., C111porail (Jse. Buildin�g, Sign
I-ot, 1-ine Actiustinent I Concept Plan approval Variance /Waiver (troni Section
7.1 Planned Building Group �71 RiV of Way Vacation Other-
I certify that the infiorniation and exhibits herewith submitted are trite and correct to the best of"my knowledge
and that in filing this application. I arts acting with the knowledge and consent ofthose persons listed above.
without x0ose consent the requested action cat i =a�- 011( 0 i shed Applicants other than mv
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must submit power-of-attorrie)" Ix/X. Ow f this action on his behalf.
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Property Description: Lot 5, Crane Subdivision, County of Jefferson, State
of Colorado
This is to request a 50% variance (25) from the east property line in order to install a
prebuilt storage shed (Tuff Shed, A Shed). The size of the shed will be either 8'xlO' or
8'xl 2'. The purpose of the shed will be to store such things as a lawnrnower and other
lawn equipment, lawn furniture and general storage.
Lot is on a cull-de-sac; and irregular (see survey attached). The east property
line is 22.5from the house. The north line is 27.8' and the west side is as little
• Neighbors storage sheds are located in the proposed area.
• Location is close to the garage and patio.
• Trees obstruct another location
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Enclosed: Site Survey
Deed
I
Au"HIFAW WFTT*T'TW!M
8233 W. 3e PLACE
uxl�
OK4=M1F1Z_i
A courtesy review of a request for a 50% variance from the property line in order to
install a prebuilt storage shed (Tuff shed, A shed). The size of the shed will be either
8'xlO'or 8'x12'. The variance requested is 2.5from the property line.
• Lot is on a cul-de-sac and irregular (see survey attached)
• Neighbors storage sheds in proposed area
• Close to garage and patio
• The 5' requirement would take away lawn space and leave the
Maureen A. Bradshaw
=nct Site Survey
Deed
ME���
AAA SURVEYING SERVICES, LLC
JOB NO. 13- 0282
DA TE. 0610512013
2M 00
CLIENT : ELITE CONSTRUC77ON
ADDRESS: ► 233 WEST 38TH PLAI
LEGAL DESCRIPTION
(PER CLIENT)
LOT 5, CRANE SUBDIVISION, COUNTY OF JEFFERSON,
STATE OF COLORADO.
In
R.z 45- $ -
ILC IS BASED ON LINES OF
POSESSION AND R.O.W's AS
SHOWN. ACCORDING TO MY
WTERPRETA770N OF'
COLORADO LAW A BOUNDARY
SURVEY IS RECOMMENDED,
WEST 38TH PLACE (60)
1110119111111111111
Ltwwrt Mur-agm-foux"
State D�xvmentary Fee
Date. May 30,2013
$ 36 .50
THIS DEED, made on May 30,AD by PEGGIE A. NOTARIANNI Grantor(s), of the County of JEFFERSON and State of
hereby sells and conveys to Nt WENDELL GADD AND MAUREEN A. BRADSHAW Grantee(s� whose street address is M3
WEST 38TH PLACE WHEAT RIDGE, CO 80033, County of JEFFERSON, and State of COLORADO, the following real
property in the County • Jeffemn, and State of Colorado, to wit
also known by street and number as: 82M WESr 38TII PLACE WHEAT RIDGE Co soon
State of COLORADO
)ss.
County of JEFFERSON
The foregoing instrument was acknowledged before me on this day of May 30, 2013
by PEGGIE A. NOTARIANNI
MIKE HEATH
Notary Public NOTARY PUBLIC
STATE OF COLORADO
My commission expires
Mv CoMMi";s'*0nF'-'i' 2n
When Recorded Return w X WENDELL GADD A" MAUREEN A. BRADSHAW
8233 WEST 38TH PLACE WIMAT RIDGE, CO 80033
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