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HomeMy WebLinkAboutWA-13-17V - City of � Wh6at COAMMOUNjT DEVELOPMENT City of Wheat Ridge, Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: :303. 35.2846 F: 301235.2857 Dennis D. Marshall 9 Morningside Dr. Wheat Rid", CO 02 1 www-cf-wheatridge.co.us WAITT-11 M# IAM MIINMMMV� 21 WHEREAS, an application for a variance was submitted for the property located at 9 Morningside Drive referenced as Case No. WA - -17 /Marshall; 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 information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no written objections regarding the application; NOW THEREFORE, be it hereby resolved that a 7,5' sideyard setback variance from the 15' sideyard setback requirement in the Residential-One (R-1) zone district (Case No. WA-1 3-17 Marshall), is granted for property located at 9 Morningside Drive, based on the following findings of fact: S. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. With the following condition 1. The shed be relocated to the northeast corner of the property as discussed with staff on the site visit and in accordance with Exhibit 6. The shed relocation must occur within ten working days from approval of this variance. City of Wheat�idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: December 4, 2013 CASE MANAGER: Wade Sanner CASE NO. & NAME: WA -13 -17 / Marshall ACTION REQUESTED: Request for approval of a 7.5 -foot variance from the 15 -foot side yard setback requirement to allow a shed on property zoned Residential -One (R -1) located at 9 Morningside. LOCATION OF REQUEST: 9 Morningside Drive APPLICANT(S): OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: Dennis Marshall Dennis Marshall 14,633 square feet (.33 acres) Residential -One (R -1) Single - Family Residential ENTER INTO RECORD: (X) CASE FILE &c PACKET MATERIALS (X) ZONING ORDINANCE Administrative Variance Case No. WA -13 -17 / 9 Morningside Drive All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. MONE2101M The applicant, Dennis Marshall, is requesting a 7.5-foot (50%) side yard setback variance trom the 15- foot side yard setback requirement to allow a existing shed at 9 Morningside Drive. 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, 11. CASE ANALYSIS The applicant, Dennis Marshall, is requesting a variance as the property owner of 9 Morningside Drive. The property is located two lots west from the intersection of Dawn Court and Morningside Drive. The variance is being requested to allow a existing shed The lot has all area of 14,633 square teet (0.34 acres) and currently contains a 2,429 square foot single- family home with an 85 square foot covered porch, 334 square foot wood deck, and a 624 square foot attached garage. The property is zoned Residential-One (R-1), a zoning district which provides for high quality, safe, quiet and stable low-density residential neighborhoods. Current lot coverage is 24%. The R- I lot coverage standard allows up to 25% lot coverage. According to the Jefferson County Assessor, the property is occupied by a single-family ranch style home, which is part of the Paramount Heights Part 3 Subdivision. The property is embedded in an R- I neighborhood, and surrounded by single-family homes There is an 8-foot change in elevation from Morningside Drive to the rear property line. The existing shed was installed in a manner that is out of compliance with the zoning code setback requirements. The existing shed rests against the cast side of the primary structure on the east side of . ..... . . the property. The shed is 7.5 feet wide by 16 feet long (120 square feet) and 9 feet high,'(, $004". It is supported by 6 wood posts on cinder blocks resting on the ground, with n , o foundation for the structure. Administrative Variance Case No. IV4- 13 -17,' 9 Morningside Alve 9 Morningside Drive Requi;ed Lot Size (sq, ft.) 14633 14,63'3 Total Structures (sq. ft.) Lot Coverage Wot Cov rage Standard R-1 Side Yard Setback Standard R-1 Administrative Variance Case No. IV4- 13 -17,' 9 Morningside Alve The building division does not require a permit for an accessory structure 120 square feet or smaller. However, when an accessory structure is attached to another building, a building permit is required. Currently the shed rests up against the home with no attaching devise. Upon initial review, building division is going to require the applicant to pour a foundation, and attach the shed to the primary structure. The reason for the variance is to relocate an existing shed built in violation of the required setbacks. The applicant contacted the city prior to construction of the shed. At that time, staff raised concerns about the location of the shed relative to the sideyard setback, and advised the applicant to obtain an Improvement Location Certificate (ILL to detennine current setbacks. The applicant did not contact staff again prior to construction. The city was notified by a neighbor that construction of the shed was underway and that the accessory structure was too close to the property line to the east. City staff went out to inspect the structure and found the shed had encroached significantly into the side yard setback. Staff sent the applicant a letter stating be was in violation of the setback. The applicant then applied for the setback variance to legitimize the construction of the shed. The existing shed location on the side of the house is clearly visible from the neighbors to the cast. Their house has a garden level basement and large deck on the second level which looks out directly on the shed structure. Although there is a six foot privacy fence separating the two lots it does not shield the neighbors from a clear view of the shed because of the elevated deck. Subsequent to the public noticing period, Staff met again on site with the applicant to discuss alternate locations for the shed. The subject property and the properties to both the west and north open onto each other. There are neither sheds nor perimeter screening fences which delineate property lines. (Exhibit 4, backyard photos) An alternate location discussed with the applicant would be to place the shed into the northeastern comer of the property against an existing mature blue spruce. The shed would hide two utility boxes and would be visually buffered the large tree. This location would require a 7.5' variance from the side lot line. (Exhibit 5, alternate shed location) MOMKE�� M In order to approve an administrative variance, the Community Development Director must detennine that the majority of the "criteria for review" listed in Section 26-115.0.4 of the City Code have been met. Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. I Administrative Mariance Case No— J,,1''4-13-1719iiforiiiiig.viticDt�ive If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a single-family home, 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. With the proposed shed, the property at 9 Morningside Drive would be at 24.5% lot coverage. 24.5% is just under the maximum lot coverage threshold for the R- I zoning district. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the properq with this application, which would not be possible without the variance. While the existing shed is an investment in the property, it is not considered to be substantial. Staff finds this criterion has not been met Staff finds this criterion has been met, Administrative Peiriance 4 Case No, If ,, A-13-1719AIoriiitig. side Diiic, 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Staff finds this criterion has not been met. The proposed new location of the shed would not be detrimental to public welfare and is not expected to injure neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. Relocation of the shed with proximity to the mature blue spruce would result in visual buffering from neighboring properties; thus the amount of light and air would not be impacted. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. 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 a present in the neighborhood and are not unique to the property. Relocation of the shed to the northwestern comer of the property with a side setback variance will alleviate the visual impact of the neighbor to the east without negatively impacting the neighbor to the north. Staff finds that this criterion has been met. Administrative Variance CaseNo. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. With the following condition 1. The shed be relocated to the northeast corner of the property as discussed with staff on the site visit and in accordance with Exhibit 6. The shed relocation must occur within ten working days from approval of this variance. Administrative Variance 6 Case,Vo. EXHIBIT 1: AERIAL Administrative Variance Case No. WA -13 -17 / 9 Morningside Drive EXHIBIT 2: ZONING Gr4 r E)R 00010 000 ;' Administrative Variance Case No. WA-13-171 9 Morningside Drive 00000 0000e 00008 SUBMITTALS EXHIBIT 3o. Administrative Variance Case No. JI -1 3-17 / 9 <' ornin side Drive H Administrative Maraiance Ca IT,4- 13- 1719ttItrt•rtiiigvidt 1 iriv} ff Administrative Variance 12 Case No. tf:4 -13 -1 ' 9 jVlot`nitig) �vie'c> Dr °it= Administrative Variance Case ,e'er. 1 IN EXHIBIT 4: SHED PICTURES The shed in question (looking north), on the east of the property adjacent to the single - family home. Administrative Variance 14 Case No. WA -13 -17 / 9 Morningside Drive Access to the shed would be to the south (front) of the property. The rests against the east wall of the home without attachment structures or devices. The structure is supported by wood beams resting on cinderblocks. A foundation is required for accessory structures. Administrative Variance 15 Case No. WA -13 -17 / 9 Morningside Drive Front (south) side of shed. Rear (north side of shed. A second access to the shed is from stairs that further encroach in to the setback. Zoning code does allow for stairs to encroach in to the setback, however, Building Division requires that stairs to a structure be fastened to a foundation and not resting on the ground. Administrative Variance 10 Case No. WA -13 -17 / 9 Morningside Drive EXHIBIT 5: BACKYARD PICTURES Map illustrating the direction of the following photographs in relation to the subject property. Each number corresponds with the picture number below. Administrative Variance Case No. WA -13 -17 / 9 Morningside Drive Picture 1 — Looking west at the applicant's outside entertainment area at the northwest corner of the house. Contains a built in sandbox, fire pit and various cooking grills and smokers. The house in the back ground is the rear of 7 Morningside. Administrative Variance 18 Case No. WA -13 -17 / 9 Morningside Drive Picture 2 — Looking northwest toward rear yard of home at 4 Twilight Drive (center of photo). Includes rear yard of property at 7 Morningside on left side of photo. Administrative Variance Case No. WA-13-1719 Morningside Drive Picture 3 — Looking northwest towards rear yard of home at 6 Twilight Drive. Administrative Variance 20 Case No. WA-13-1719 Morningside Drive Picture 4 - View looking from backyard of subject property to backyard of home located at 8 Twilight Drive. The flag on the stick in left side of the picture designates the northwest rear corner of the applicant's property. Administrative Variance Case No. WA-13-1719 Morningside Drive EXHIBIT 6: ALTERNATE LOCATION Picture 5 — Picture of proposed location of shed at the northeast corner of the applicant's property. The mature blue spruce straddles the property line with the neighbor at 8 Twilight. Solid fence belongs to the property to the east. Administrative Variance -' Case No. WA -13 -17 / 9 Morningside Drive Proposed shed relocation from its current location. Administrative Variance 23 Case No. WA -13 -17 / 9 Morningside Drive Case No, legikit Name, ,DennisD.l Address ,9 Mornings City 17 07.w Name ;Dennis MarshaN i Name shall I Phone ;(303) 931 64 .i Address rningside Dr, City Wheat Midge Skate Co -lip 380215- .,....;; zip GI's" OF MOs` RIB 09/24/13 9.0 An c dba RECEIPT t A RM F"SD ZONING APPLICATION F M.98 ZONE PAY, P AYMT R ECEIVED t Auth Code; TOTAL * r Name Dennis Marshall 4 Name Phcane (30319 1 8493 Addts9 Mcrrni side Dr ... _.. . , .. city Wheat Ridge y ... f State ; CO 7 iP a8015_� .a_, f�ntr,Ct /.rrfasti+.i��b~r�r Address Street `Motnrngside Dr Cit y i Wheat Ridge Stake :CO dip 80215 Location Descrip ton Protect Name; Patel No tt ecr:Ki District Na Parcel No. 3 39 264 7 3 O�t9 Qtr Section: 5E28 DistriofNo >I(1 3928413009,SE26 ..... _. , ... _ t . .,. .. . t , �r'ei"SPYe Pie-App Date i Neighborhood Meeting Date App Na Review Type Review Body Review Date Disposition Comrnents depart ., ....A Review w , .......... ...�.Adm+n. .... . , . ,� ,..�..., ,._,. ....,. �� i l w. � Case Disposition Disposition Date Conditio ofApproval Notes Res # ; Otd # . „ .,. Stags Open _.. . Storage GI's" OF MOs` RIB 09/24/13 9.0 An c dba RECEIPT t A RM F"SD ZONING APPLICATION F M.98 ZONE PAY, P AYMT R ECEIVED t Auth Code; TOTAL * r Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to subminal checklists for complete application requirements; incomplete applications will not be accepted C] Change of zone or zone conditions 0 Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval 0 T mporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval kariance/Waiver (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: ---------- - Detailed description of request: Required information: Assessors Parcel Dumb Current Zoning: Current Size of Lot (acres or square tbotagc):_/#tI0— Proposed Proposed Use: To be filled out by staff: Tate received __ Comp Plan Design,__,__,__ Related Case No. Fee S -1- eceil)l No, Case No, Zoning I Quarter Pre-App Mtg. Date_, Case Manager­_..__.w.._._...,____._._____ '] � C om l l n l ' City of Wheat Ridge Municipal Building 7500 W. 29 Ave, Wheat Ridge, CO 80033 ®8001 P: 303,235.2846 F: 303.2352857 Submittal Checklist -, Variances r Ipinistrative and non-ad Pr P roject P roject Applicant:' Date: 77--7Z17-01 P laAner: A cxtww i.w heatridgexoms City of j `7`I heatidge COMMUNITY 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 September 25, 2013 Dear Property Owner: This is to inform you of Case No. WA- 13 -17, a request for approval of a 3 -foot (20% ) variance from the 15-foot side setback requirement resulting in a 12 -foot side setback to legitimize an existing shed on property zoned Residential -One (R- 1) and located at 9 Morningside Drive. 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 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 October 4, 2013. Thank you. WA1317.doc �%i%�%.ci.w heatridge.co.us Site Plan A request for approval of a 3 -foot (20 %) variance from the 15 -foot side setback requirement resulting in a 12 -foot side setback to legitimize an existing shed on HARRIS CARRIE THORNTON SPRINGER SCOTT HARRIS MARK. A FREUND TERRI 12 MORNINGSIDE DR 10 MORNINGSIDE DR WHEAT RIDGE, CO 50215 WHEAT RIDGE, CO 90215 7009 2820 0002 5547 3956 7009 2820 0 012 5547 4007 VERNIER SHERI L FUNK JASON P I I MORNINGSIDE DR FUNK. ELIZABETH A WHEAT RIDGE, CO 80215 7 MORNINGSIDE DR 7009 2820 0002 5547 3963 WHEAT RIDGE,C O 80215 7009 c 0 c 5547 3994 MEURER UEEN E Q M 8 TWILIGHT DR MARSHALL MELYNDA K WHEAT RIDGE, CO 8021.5 9 MORNINGSIDE DR 7009 2820 0002 5,547 397E WHEAT RIDGE, CO 80215 _b 70019 2820 0002 5547 3987 5 2013 ,tee ` ►4 ty of �VV � ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: October 29, 2013 CASE MANAGER: Wade Sanner CASE NO. & NAME: WA -13 -17 / Marshall ACTION REQUESTED: Request for approval of a 7.5 -foot variance from the 15 -foot side yard setback requirement to legitimize an existing shed on property zoned Residential -One (R -1) located at 9 Morningside. LOCATION OF REQUEST: 9 Morningside Drive APPLICANT(S): OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: Residential -One (R -1) Single - Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Dennis Marshall Dennis Marshall 14,633 square feet (33.6 acres) Administrative Variance Case No. WA-13-1719 Morningside Drive All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. I. REQUEST The applicant, Dennis Marshall, is requesting a 7.5 -foot (50 %) side yard setback variance from the 15- foot side yard setback requirement to legitimize an existing shed at 9 Morningside Drive. 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. II. CASE ANALYSIS The applicant, Dennis Marshall, is requesting a variance as the property owner of 9 Morningside Drive. The property is located two lots west from the intersection of Dawn Court and Morningside Drive. The variance is being requested to legitimize an existing shed (Exhibit 1, Aerial). The lot has an area of 14,633 square feet (0.34 acres) and currently contains a 2,429 square foot single - family home with an 85 square foot covered porch, 334 square foot wood deck, and a 624 square foot attached garage. The property is zoned Residential -One (R -1), a zoning district which provides for high quality, safe, quiet and stable low- density residential neighborhoods. Current lot coverage is 24 %. The R -1 lot coverage standard allows up to 25% lot coverage. According to the Jefferson County Assessor, the property is occupied by a single - family ranch style home, which is part of the Paramount Heights Part 3 Subdivision. The property is embedded in an R -1 neighborhood, and surrounded by single- family homes (Exhibit 2, Zoning). There is an 8 -foot change in elevation from Morningside Drive to the rear property line. The shed rests against the east side of the primary structure on the east side of the property. The shed is 7.5 feet wide by 16 feet long (120 square feet) and 9 feet high (Exhibit 3, Submittals). The shed is supported by 6 wood posts on cinder blocks resting on the ground, with no foundation for the structure. 9 Morningside Drive Existing Proposed Lot Size (sq. ft.) 14,633 14,633 Total Structures (sq. ft.) 3,472 3,592 Lot Coverage ( %) 23.7% 24.5% Lot Coverage Standard R -1 ( %) Sideyard Setback 0 25% 75 0 25 0 7.5' Side Yard Setback Standard R -1 15' 15' Administrative Variance Case No. WA-13-17 / 9 Morningside Drive The building division does not require a permit for an accessory structure 120 square feet or smaller. However, when an accessory structure is attached to another building, a building permit is required. Currently the shed rests up against the home with no attaching devise. Upon initial review, building division is going to require the applicant to pour a foundation, and attach the shed to the primary structure. The reason for the variance is to legitimize the existing shed. The applicant contacted the city prior to construction of the shed. At that time, staff raised concerns about the location of the shed relative to the sideyard setback, and advised the applicant to obtain an Improvement Location Certificate (.lLC) to determine current setbacks. The applicant did not contact staff again prior to construction. The city was notified by a neighbor that construction of the shed was underway and that the accessory structure was too close to the property line to the east. City staff went out to inspect the structure and found the shed had encroached significantly into the side yard setback. Staff sent the applicant a letter stating he was in violation of the setback. The applicant immediately applied for the setback variance to justify the construction of the shed. The applicant initially applied for a 3 foot variance from the zoning code. When the official mailing was sent to the adjoining property owners, staff received a phone call from an adjacent property owner stating that the Moot encroachment stated on the letter was incorrect. Upon receiving this information, staff proceeded to visit the site again and took measurements of the shed. Staff found that the shed encroached 7.5 feet, as opposed to the 3 feet initially reported by the applicant. The misinformation in the original noticing required the property to be reposted and re- noticed with the correct dimension in the variance request. Public Notice Responses During the 10 day public noticing period staff was contacted by a neighbor wishing to remain anonymous. The property owner did not want to issue a formal complaint, but was not in support of allowing the shed to remain in its current location. The property owner hoped the variance process would "take its course" and the applicant would be required to move the shed. I In order to approve an administrative variance, the Community Development Director must determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met. Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used onky 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 in use. The property would continue to function as a single-family home, regardless of the outcome of the variance request. Administattive Variance Case,Nlo. TV4-13-1719AIoi-iiiiigsitic Di-ii ,t? Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the localityr. With the proposed shed, the property at' Morningside Drive is at 24.5% lot coverage. 24.5% is right at the threshold for the R -1 zoning district. This is a little high for the surrounding properties as the average lot coverage for the 4 adjacent properties is 18%, but not out of character for the neighborhood. However, sheds similar to the one proposed are not common in the Paramount Heights Subdivision. From a visual analysis of the neighborhood, of the 25 surrounding properties 4 (16%) of them have sheds at or under 120 square feet. All of these structures are not attached to the primary residence. Staff finds this criterion has not been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. While the existing shed is all investment in the property, the location of the shed is in violation of the R -1 standards. The total lot size is 14,633 square feet. The applicant has approximately 2,500 square feet in the back yard to place the accessory structure that would still allow access on the cast side of the property. Staff finds this criterion has not 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 shape of the lot is skewed at a slight angle, and there is a substantial change in elevation on the property. However, these conditions are not preventative to construct an accessory structure in the back of the property. 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. Administrative Variance Staff finds this criterion has not been met. The request would not be detrimental to public welfare and is not expected to injure neighboring property orimprovements. It would not hinder or impair the development of the adjacent properties. 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 cause an obstruction to motorists on the adjacent streets. 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. Lot configurations in the Paramount Heights Subdivision are not rectangular in shape. These odd lot configurations can complicate structure location. However, a sensory ,review of aerial photos of the neighborhood indicates that when there are detached accessory structures, they meet required setbacks. Staff finds that this criterion has not been met. Accessory structures are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is 110L,applicable. 9. The application is in substantial compliance with the applicable standards set forth the A rchitectural and Site Design Manual I The Architectural and Site Design Manual does not apply to accessory structure design residential neighborhoods. Staff finds this criterion is nQLWplicable. Administrative Variance Case,Vo, ff"A-13-17,x 9Mt)riiiiigsitItDi-ile Having found the application not in compliance with a majority of the review criteria, staff recon DENIAL of a 7.5 foot side yard setback variance. Staff has found there are not sufficient unique circumstances attributed to this request that would warrant approval of the variance. Therefore, staff recommends denial for the following reasons: With the following conditions: 1. The structure either be removed or relocated to another area of the property. 2. A proper foundation is poured to accommodate the structure's load. 3. A building pen shall be obtained prior to installation of the shed. Adtnini,vtrafive Variance Case,Vo, EXHIBIT 1: AERIAL i Administrative Variance Case No. WA -13 -17 / 9 Morningside Drive EXHIBIT 2: ZONING _..__.. :. IWI UGHi DR 00004 00008 AL I OD010 is 00008 00015 00017 Administrative Variance 8 Case No. WA-13-171 9 Morningside Drive EXHIBIT 3#0 SUBMITTALS Admi is,trutive Variance Case No, TFA- 13 -17,/ 9 14 orningsiele Drive Adniinistrative Variance CasejVo, lf7A-13-1719AIorttitig.citit,,I)i-iv,(I Administrative 1"ariance Case M), NA-13-17 / 9 Alorningside Drive IMPROVEMENT LOCATION CERTIFICATE LOT 12, BLOCK 10 PARAMOUNT HEIGHTS, PART THREE JEFFERSON COUNTY, COLORADO LOT #4 OWAM w. e / / 0 b now V" YaaAw �.. i 1'NO M• / � ROUE eytR _ � YRUOr far Im � T � ni/]+: eAPU e6 00 raomua ,TCAZ•eolrs rmmu LOT #12 PArio • RooD LOT #13 24. a MOVABLE o SHED µA LOT #I 1 1e "� TTIREE sroRYl� _ 4' BRICK HOUSE • 0.1 d y6.0' LA 1,= IY0,00' 1011Ma 1� IRRe � R =182.00' • y o = araD71' c ttn =zve.oz' a bRCeMr00'66'E roues) ' RON HPr. 0. MORNINGSIDE DRIVE ADDRESS: 9 AIORNINGSIDE DRIVE, 1 HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR AMERICAN LAND TITLE ASSOCIATION, THAT IT 15 NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY FIAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE. BUILDING. OR OTHER FUTURE, IMPROVEMENT LINES. 1 FURTHER CERTIFY riliT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL UN Tiff& DATE, OCTOPER 21St, 201. ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCE4 EXCEPT AS SHOWN. THAT THERE ARE No ENCROACHMENTS UPON THE r, F , PREMISES BY IMPROYEMF.NTS ON ANY ADJOINING PREMISES, EXCEPT AS C OSSIN P. A N THAT TIIP.RE 15 NO APPARENT EVIDENCE. ON SIGN OF ANY F.ASF.MENT CROSSJNG OR PIIROENING ANY PART OF SAID PARCEL4 EXCEPT AS NOTED. THIS IMPROVEMENT LOCATION SURVEL DOES NOT CONSTITUTE A TITLE SEARCH BY PASEIINE YS INr., TO PLTERMINP. OWNERSHIP OR EASEMENTS OF RECORD. FOR All IN MGAROING OWNERSHIP AND EASEMENTS BASELINE SURVEYS INC, FEW IE GUARANTEE COMPANY. COMMITMENT ORDER N0. K7 E 7TH. 2013. O. E. O'NEIL P. SCALE: 1 " = 30 LS. Ho. BASE'LINL' SUR vFYS, IN(- 110It 1- 1 r clf,ft t Co upon Inr d mn. is sumeo. P.O. BOX 7578 BRECKENRIDGE Col 80d ?4 r ArAnl oL llnn Msed upon ony deHCt In t survey •d1Mn thr.• y— nH.r you Hr PI d4—wr rush de/•LI, M SCALE: DATE: JOB MO. •nl, '— nny ottion e< tws•d up— ony dPlf in /hle --y h- Lnmmen -d more Ikon fen ytors from the _A_ O.YARSNII. BY, 'intent Ih• cerllticolbn shorn hereon, CHECKID BY: OVA MINE NO. ._ N.F.O. D.C.O. D. MARSHAL Administrative Variance 13 Case No. WA -13 -17 / 9 Morningside Drive EXHIBIT 4: PICTURES The shed in question (looking north), on the east of the property adjacent to the single - family home. Administrative Variance 14 Case No. WA -13 -17 / 9 Morningside Drive Access to the shed would be to the south (front) of the property. The rests against the east wall of the home without attachment structures or devices. The structure is supported by wood beams resting on cinderblocks. A foundation is required for accessory structures. Administrative Variance 15 Case No. WA -13 -17 / 9 Morningside Drive Front (south) side of shed. Rear (north side of shed. t�. A second access to the shed is from stairs that further encroach in to the setback. Zoning code does allow for stairs to encroach in to the setback, however, Building Division requires that stairs to a structure be fastened to a foundation and not resting on the ground. Administrative Variance 16 Case No. WA -13 -17 / 9 Morningside Drive IMPROVEMENT LOCATION CERTIFICATE LOT 12, BLOCK 10 PARAMOUNT HEIGHTS, PAR TH JEFFERSON COUNTY, COLORADO MAM LOT #1 LOT #4 �+ vem LOT #11 Yom . 6 o mvx Mus �a.no MAM t?niiM A"Cording to Gxriareada taw yon must crrnrrtrbrice ,y ""i or'ftn t'"SO4 upon our doled in this suraay �Hhn, 84w.. y.ars offer you first ANscover such dof #rt, In — au..W - '1 Cary action bas-d upon ony defoct to this r " '» bo ct" am -nc,"d rrcere than Ito years from thn doto of Ow crr Wictititsn shown hereon, LOT #1 LOT #11 xH o mvx Mus o,t ,> a � i MN Pre pp 0 IDE .t t?niiM A"Cording to Gxriareada taw yon must crrnrrtrbrice ,y ""i or'ftn t'"SO4 upon our doled in this suraay �Hhn, 84w.. y.ars offer you first ANscover such dof #rt, In — au..W - '1 Cary action bas-d upon ony defoct to this r " '» bo ct" am -nc,"d rrcere than Ito years from thn doto of Ow crr Wictititsn shown hereon, �( . .. ..... . . iµ lei. y .`ryt" tv ........ tv f _.. 4 ,...w,.. ...... . . ... f i m i j k pp.�rra�.wrvm�a b a � ° ell RI DGE Property Address: 00009 MORNINGSIDE DR Owner Name�s) WHEAT t 80215 DEN NIS I1 Mailin Add ress: SAME AD PROPERTY MA . Nei ghborhood: 414 •tD KNOLLS PARAMO P ROPERTY DESCRIPTIO tt ���■ • � Iii • �!��{A��T�,� r� r�;.�r� t _ _ r � •�1! URBAN DRAINAGE&FLOOD CONT D IST �'' __uitbairn Deed r ������!Warranjj ;, Deed - Joint Tenancy PROPERTY INVENTORY Property Type RBSID Year Built: 1974 Adjusted Year Built: 1974 Design: Ranch Improvement Number: ! v 700010"._V =51 ��l • ME . 0". ° aIM • .. r r • » • r Actual r� r�;.�r� URBAN DRAINAGE&FLOOD CONT D IST __uitbairn Deed r ������!Warranjj ;, Deed - Joint Tenancy TAX r • �2 013 Payable 1 + Actual URBAN DRAINAGE&FLOOD CONT D IST 12 012 Payable r ;, Actual Value Assesse Valuej T"rea ur r InF�,rraticar� I'View Mill Levy Detail For Year r RIDG + URBAN DRAINAGE&FLOOD CONT D IST r ;, http 1 Q 9/24/2013 City of Whl�,Ae- COMMUNiTy DEVELOPMENT 6at City of Wheat Ridge Municipal Building 7500 W, 29' Ave, Wheat Ridge, CO 80033-8001 P: 303235.2846 F: 303,235- CERTIFIED LETTER NOTICE October 16, 2013 Dear Property Owner: WA I 317b.doc wwwxi.wheatridgexoms Site Plan A request for approval of a 3 -foot (20 %) variance from the 15 -foot side setback requirement resulting in a 12 -foot side setback to legitimize an existing shed on i - 1� 4, V, City of h6atp, _jd COMMUNiTy DEVELOPMFNT �ge City of Wheat Ridge Municipal Building 7500 W� 29"' Ave. Wheat Ridge. CO 80033-8001 P: 303,235.2846 F: 303.235. 2857 October 31, 2013 Mr. Dennis Marshall 9 Morningside Drive Wheat Ridge, CO 80033 Re: Case No. WA- 1317 Dear Mr. Marshall: Attached please find notice that your request for approval of a 7.5-foot administrative variance from the 15-foot side yard setback requirement to legitimize an existing shed on property zoned Residential -One (R-1) located at 9 Morningside Drive has been DENIED. The denial requires that you take the following actions within ten (10) days of the denial resolution being signed by the Community Development Director: Option 1: The structure either be removed or relocated to another area of the property, with relocation of the structure meeting required setback requirements of the R - zoning district. Associated with the relocation of the structure, a proper foundation must be poured to accommodate the structure. Option 2: A decision by the community development director to deny an administrative variance may be appealed to the Board of Adjustments. A written appeal shall be submitted to the community development department by ten (10) days of the signature of the Community Development Director. An appeal to the Board of Adjustments will also require an additional application fee of $280. Enclosed is a copy of the Denial of Administrative Variance Request and staff report, Please feel free to contact me at (303) 235-2849 if you have any questions, Sincerely, Wade Sanner wwwxi.wheatridgexoms Denial of Administrative Variance Request WHEREAS, an application for a variance was submitted for the property located at 9 Monlingside Drive referenced as Case No. WA -13 -17 / Marshall; and WHEREAS, City staff has analyzed the variance request, relying on criteria listed in Section 26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has property notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and NOW THEREFORE, be it hereby resolved that a 7.5-foot side yard setback variance from the 15- foot side yard setback requirement for the purpose to legitimize an existing shed on property in the Residential-One (R -1) zone district (Case No. WA -13 -17 / Marshall), is denied for property located at 9 Momingside, based on the following findings of fact: 1. Upon denial the property would still function as a single-family home 2. The variance could alter the essential character of the locality. 3. There are other locations on the property that would accommodate a shed meeting required setbacks. 4. The topography and configuration of the lot are not preventative in construction of an accessory structure as there is ample room to locate the structure, elsewhere on the property. 5. The hardship has been self-imposed by persons having interest in the property. Date M= Meredith Reckert Now From: Dennis Marshall <dmarshall@commercemtg.com> Sent: Saturday, November 16, 2013 1:50 PM To: Meredith Reckert Cc: Dennis Marshall Subject: 9 Morningside Drive Variance Written Notice Importance: High ------ lxv'r6c p=11.01111116 t'r ult: u - SILduorl Or Inis si Wrucure. I there is anything else that you need from me in order to make this process smoother I would greatly appreciate it. Thank you again for all of your assistance with this matter. rWAMJC3NMMgM= Mimi ml�l 4op) Oc201307104 -A i ; DMENT 1 OF WHEAT RIDGE E SOUTHEAST QUARTER OF Sl CTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH I WY OF J FERSON, STATE OF COLORADO ME DAN :CITY OF WHEAT R DGE, COU ;EF 0 m F > 2.8 INGRESS / R ESS AS -, PROPOSED LOT LINE 6 BUFFER/AMENMES (TYPICAL) 6` SIDEWAIX - 7� 7. ...... ... ... . . ZONE — W. +3_rdAVE. (PUBUC) R-2 R.0 W. (56 R.OX) V451 63 V SIDEWALK OF COLO NO WIDTH GIVEN - \�V BUFFER/AMENMES POINT OF: CL OF PUBLIC SERVICE COMPANY BOOK 1456, PAGE 510 EXISTING RESIDENTIAL BEGINNING ZONE R-2 5' PUBLIC SERVICE COMPANY OF COLORADO EASEMENT BOOK 1456, PAGE 510 FIRMS Ave., #204 �, CO 80903 WIECT TITLE TOWN CENTER NORTH CONCEPT PLAN AMENDMENT I wcp- 1 1 -01 CADD FILE CONCEPT PLAN.dwg 2 M llq� I l I I 1111111l ll 0,91 11-11pil, liq 1 : LEGAL DE S I PTI O N: P A tract of land being those tracts of land recorded at Reception No. 2008036966, Reception No. 20080 Reception No. 2009024759, Reception No. 2009083768, and a portion of Lots 3 and Lot 4, Time Square Subdivision in the City of Wheat Ridge, Jefferson County, Colorado as recorded under Reception No. 82081495 of the records of said Jefferson County, located in a portion of the West half of the Northeast quarter of the Northwest quarter of the Southeast quarter (W1/2 NEI/4 NVII SE1 /4) and the East half of the Northwest quarter of the Northwest quarter of the Southeast quarter (E1 /2 NI NWI/4 SEI/4) of Section 23, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, being more porticulorly described as follows: COMMENCING at the Northwest corner of the Southeast quarter (SEI/4) of said Section 23; thence S55 a distance of 1165.08 feet to the TRUE POINT OF BEGINNING at the intersection of the South line of the North half of the Northwest quarter of the Southeast quarter (N1/2 NW1/4 SE1/4) with the West right- of-way line of the fifty (50) foot wide Upham Street; thence SOW40'45"W on said South line, a distance of 632.34 feet to the Southwest corner of said E1/2 NI NW1/4 SE1/4; thence NO011'OO"W an the West line of said E11/2 NW1/4 NW1/4 SE1/4 and the West line of said Lot 3, a distance of 424.89 feet to the West end of the adjusted lot line described at Reception No. F0460102 of the records of said Jefferson County; thence N89*41'34"E on said adjusted lot line, a distance of 291.05 feet to a point thirty-seven and one-half (37.50) feet West of the East line of said Lot 3 and Lot 4 as measured perpendicular thereto; thence NOOl parallel to said East line, a distance of 183.B2 feet to a point fifty-two and one-half (52.50) feet South of the North fine of the Southeast quarter (SE1/4) of said Section 23 as measured perpendicular thereto; thence S89'41'34"W parallel to said North line, a distance of 290.99 feet to the West line of said Lot 4; thence NOO'll'OO"W on said West line, a distance of 14.00 feet to the South right-of-woy line of 44th Avenue and a point which is thirty-eight and one-half (38.50) feet South of said North line as measured perpendicular thereto; thence NBX41'34."E parallel with said North line and on said South right-of-way line, a distance of 328.49 feet to the Northeast corner of said Lot 4; thence SOOl 1'59"E on the East line of said Lot 4, a distance of 8.50 feet to the Southwest corner of the tract of land described at Reception No. 87085220 of the records of said Jefferson County, the following three (3) courses are on the Southerly line of said tract of land; thence: 1.) NBW41'34"E a distance of 20.00 feet; 2.) N42*44'15"E a distance of 19.16 feet; 3.) N89'41'34"E a distance of 60.00 feet to the Southeast comer of said tract of land-, thence NOGI on the East line of said tract of land, a distance of 3.00 feet to the South right-of-way line of 44th Avenue and a point which is thirty (30.00) feet South of North line of sold SE1/4 as measured perpendicular thereto; thence N89'41'34"E parallel with said North line and on said South right-of-way line, a distance of 210.44 feet to said West right-of-way line of Upham Street; thence SO0`12'58"E on said West right-of-way line, a distance of 631.05 feet to the TRUE POINT OF BEGINNING and containing 7.852 acres (342,034 square feet) of land, more or less. Prepared by: John L. Bailey PLS #19586 June 27, 2011 FLOOD PLAIN CERTIFICATION: THIS PROPERTY DOES NOT LIE WITHIN A FLOOD PLAIN AREA, SAID PROPERTY IS IN ZONE X, PER FIRM MAP No. 0805900214 E, DATED JUNE 17, 2003 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. DEVELOPMENT CRITERIA: AREA OF DEVELOPMENT: TOTAL LOT AREA - 7.852 ACRES (342,034 S.F.) MAXIMUM BUILDING AND HARDSCAPE COVERAGE. SITE PLAN TO CONFORM TO MU-C CRITERIA MAXIMUM BUILDING HEIGHT-. SITE PLAN TO CONFORM TO MU--C CRITERIA BUILDING ORIENTATION. BUILDINGS ARE ANTICIRIll TO :FRONT 'DANCE ST. FENCING: SIGNAGE: LIGHTING: LANDSCAPING: BLOCK SIZE: AND BE IN CONFORMANCE TO THE fill DESIGN CRITERIA WHICH ENCOURAGES BUILDINGS TO BE PLACED CLOSE TC THE STREET, WITH PARKING BERN FINAL BUILDING CONFIGURATION TO BE IDENTIFIED DURING SITE PLAN PROCESS. ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26-603 OF THE WHEAT RIDGE CODE OF LAWS. N AN, OFF] AL ( PLIAN I T E GITY uF WHEAT RIDGE 1313.92' y q, I jr r zlaL 1.1 1313.92' 655.96 656,96 329.4v 328A 328. - 328.48' WEST 44thl AVENUE P.O.C. CTR i "�COR. SEC. 23 E 1 4, COR. SEC. 23----- I \ LN-70844.3,67 3-1 4' EIRAI CAP 4 ST I 3 ;A,?K�D Of krI3212- Al/ I 'NS'D' Mo ..... M SOM I H-7013431. a E -1 19395.92 W ST., P90 By LS 132127 AT RIDGE NO. 14 11876l 4a �n MONUMENT BOX W, E_ J N-7 488,51 gT W35 8749"N 353 a , 19 1 r 0VW 1 0 14 C� E-12110133.18 LONG.-II139"19,SR04"llf Em i1 6435. 30 1 u-70 1318I ' LAMARIll Ell UNE, NW1/4 SlEi/4. S55!44`24"E- N8 4045 1314068' 11I N a2p ®26. - 7' 328.67' q NEI/4 SEI/4. SECTION 23 I SECTION x REQUIRED EASEMENT AND RIGHT-OF-WAY OCIDICATIONS REPRESENTED HEREIN ARE ANTICIPATED TO BE CONVEYED BY PUT, ALL SIGNAGE SHALL BE IN CONFORMANCE WITH ARTICLE VII OF THE WHEAT RIDGE CODE OF LAWS. ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS. Alk IN AL 1 0 0 11 LOT USE ANTICIPATED % 32l ARAL IMPERVIOUS 1 �32806 1315.0 60% 90% INCLUDES DETENTION /WATER QUALITY 13 f 5 T9 S 1/ ji 6LI SEC. 2,3 2 MULTI FAMILY 80% 90% N/A 2630.83' 3-11 4 . CAP STAPEID BY *PL5 11444 MULTI FAMILY 85% 1)% N/A 3 RESIDENTIAL INSIDE MO ENT 0OX C WHEAT RIDGE POINT NO. 160008 41 V 2 E- 9.23 _Cq I 0-1 0 LLJ pc :-D 0 1, 1 !n in V) rn SWI/4 SEI/4. SECTION 23 I r4 b SEI/4 SEI/4, SECTION 23 Ir 00 20,n 1316.87' 13te.87, 987.03' .24' 1 WEST 38th AVENUE -------- I S89'38 2633.74' SEgiI SEC. 23—�' S 1/4 COR. SEC. 23 IY64 00l SEC. 23 & 20 iiAMP& 32'12 3-1 4 BRASS CAP NrED 13V %S 1321 a ALUMINUM CAP STAMP0E BY IS IT3212 ' TNI MONUMENT BOX WHEAT RIDGE POINT NO, 15809 ot og U l BE MED ONU MENT BOX INS4 WHEAT RIDGE III RI1 15709 N=705523.46 V%-7 4 = F 1078.85 REQUIRED EASEMENT AND RIGHT-OF-WAY OCIDICATIONS REPRESENTED HEREIN ARE ANTICIPATED TO BE CONVEYED BY PUT, ALL SIGNAGE SHALL BE IN CONFORMANCE WITH ARTICLE VII OF THE WHEAT RIDGE CODE OF LAWS. ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS. Alk IN AL 1 0 0 11 LOT USE ANTICIPATED % NOTES: ARAL IMPERVIOUS 1 RETAIL 60% 90% INCLUDES DETENTION /WATER QUALITY FACILITY 2 MULTI FAMILY 80% 90% N/A RESIDENTIAL MULTI FAMILY 85% 1)% N/A 3 RESIDENTIAL The focus of this concept plan application is to provide a general development outline for the redevelopment of existing late that are currently owned by Renewal Wheat Ridge. The site's overall vision is to be a pedestrian—fritandly urban center, providing civic and commercial services to the local community. The area was recently rezoned to Mixed Use — Commercial (MU —C). The development is planned to move forward in a manner that is consistent with that established criteria. Development will occur in phases, as the individual lots created in conjunction With this concept and subsequent subdivision are sold and developed independently, in conformance with the City's Site Plan process. Adjacent public streets (W. 44th Avenue to the north and Uphom, St. to the east) are planned to be improved to current standards with amenity zones and detached sidewalks. Undergrounding of the overhead utility lines on these public street frontol is currently planned to occur by Wheat Ridge Public Works. Details regarding the final configuration of the identified lots are intentionally omitted from this Concept Plan in the Interest of Providing flexibility in future use and design. Requirements of the future development as related to access, drainage, open space and zoning are addressed in general herein. RAINAGE CONSIDERATIONS: A Final Drainage Report will be provided in conjunction with the planned Subdivision Application. Detention and Water Quality requirements far Lot 1, Lot 2, and most of Lot 3 will be accommodated in a Regional Facility that will be constructed on the eastern portion of Lot 1. The facility utilized on Lot 1 may be on underground facility in order to maximize developable area. A portion of Lot 3, approximately 0,54 acres on the western edge, will not be required to drain to the Regional Facility and will be allowed to flow north to 441h Avenue per the historic pattern. The final design for storm water detention and water quality for Lot 3 will need to comply with the Final Drainage Report and is subject to approval by the Department of Public Works. All drainage improvernel Will be developed in conjunction with Urban Drainage guidelines. TQ 01PEN SPACE ON E 1! open space will be considered from an aggregate perspective for the total development area. Open space will meet at a minimum the requirements found in the Ml zone district. To help meet these requirements, it is anticipated open space will be provided as follows-. • Lot I — Will entall green space associated with the perheter area of the planned deterition/viater quality facility. • Lot 2 — Vill provide for an approximate 0.11 acre pork/community garden area. III Lot 3 — Will provide for a park space or plaza of approximately 0. 15 acres which will be integrated appropriately based on the final identified use of the lot at the time of its development. This open space will be non—configuous and of high—quality design and serve as an amenity and focal point for the entire development al These open space items are provided in addition to open space that is developed 'incidentally with the use of modem design principles in mixed use environments. TRAFnc 1 R CU L A �T[O Ni ; Future development should connect the street network generally in a grid fashion With pedestrian—friendly design, Including sidewalks and orm-hily zones an all new streets. Internal traffic circulation will primarily occur via the Vance St, extension south of its existing alignment at W. 44th Ave, A traffic signal may be constructed as part of the final configuration of the subdivision at the Vance St /W. 44th Ave. intersection. On the south edge of the development, W. 43rd Ave. Will be constructed to provide direct access between Vance St. and Upham SL East—west access between the 1st Bank lot and Vance St. will be encouraged with the final configuration of Lot 3, although several design options exist that will allow for flexibility in future site plans for that lot. The existing north/south access on the western edge of Lot 3 will remain operational until it is integrated appropriately with the final site pion of Lot 3. The Vance St. Right—of—Way has been extended to the southern boundary of the development for potential future extension to the south. A southern extension of Vance St. and/or connection to the existing commercial center is not planned with this development but is encouraged for other future development to the South. POTENTIAL PHASIR�.ANQ�L� ES Development on the site will be phased based on the development of individual lots. Site Plans identifying the development details of each lot will be provided by individual users in conformance with the City's established zoning Criteria, this Concept Plan, and the existing Site Plan process. Architectural elements and development of individual lots are not intended to be reviewed as part of this Concept Plan. The summary of phasing included below is provided to share the anticipated path forward with future pad site development. W—L Approximately 10,000 SF of retail that benefits from either proximity to existing foot traffic and/or visibility from W. +41h Ave, includes stormwater detention /voter quality facility for the subdivision. 0 Parking will be surface—parked. Lau Mufti—family Housing Complex. • Parking will be surface — policed, • includes green spore as identified above. Lot 3: Multi—family Housing Complex. Approximately 6,093 sq. ft. retail. • Parking will be surface—parked. • Includes green space as identified above. I OWNERS CERTIFICATE. BE RE OUIRED BY LAW. I WE FURTHER RECOGNIZE THAT THE APPROV) OF THIS CONCEPT PLAN DOES NOT CREATE A VESTED PROPERTY RIGK VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT T THE PROVISIONS OF SECTION 26-121 OF THE WHEAT RIDGE CODE OF LAWS. LAW // / e CHAIRY N OF WHEAT RIDGE UkORENEWAL AUTHORITY STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS &' DAY OF A.D. 201 EIY_]��L- �%f WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: 0110191.1al ill/A lu a# a ' ky Hues 4" EA' ry NOTARY PUBLIC err"" 4AW a' 25500 MISS V DI AGA M MYZOW If VO 00240S5NI 0 60 Y, of) Ill ll :14 CITY, CERT APPROVED THIS 16 RIDGE. DAY OF 2013 BY THE CITY OF WHEAT I I CLER K STATE OF COLORADO ) SS COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAN WAS Fit THE COUNTY CLERK AND RECORDER OF JE 1 GOLDE COLORADO, AT # - & O'CLOCK 9 - 04 DAY OF M MNE 2[ BOOK - - , PAGE RECEPTION JEFFERSON COUNTY CLERK AND RECORDER B DEP ITY APPLICANT - WESTON SOLUTIONS, INC. ON BEHALF OF RENEWAL NICHOLAS MOORE, P,E, SENIOR PROJECT ENGINEER WESTON soLurnoNs, INC. (WESTON) 104 S. CASCADE AVE., SUITE 204 IN THE OFFICE OF iSON. COUNTY AT M, ON THE A.D., in mom 1 1 2 FIRMS Ave., #204 3,0080903 ARAL mom 1 1 2 FIRMS Ave., #204 3,0080903 CUP 1 7/22/11 *614"IM Al"Ir'I'll"rill' GONCEPT PLAN AMENDMENT 1 OCEPR-W 4 M E CUP 1 7/22/11 *614"IM Al"Ir'I'll"rill' GONCEPT PLAN AMENDMENT 1 OCEPR-W