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HomeMy WebLinkAboutWA-14-01City of ��("Wbc e atj dg COMMUNiT'N DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303,235.2846 F: 301235.2857 Mr. Vincent Stover 6900 W. 32" Ave Wheat Ridge, CO 80033 0 Dear Mr. Stover: 1. The design and location of the attached garage shall be consistent with submitted exhibits. 2. The side yard setback variance applies only to those portions of the shed and carport addition along the western property line. I A building pen-nit shall be obtained prior to installation of the proposed garage, with a required separation in habitable space and garage space for the structure. Enclosed for your reference is a copy of the Approval of Variance. All variance approvals automatically expire within 180 days of the date approval unless a building permit for the variance has been obtained within such period of time. The expiration date for this variance approval is October 4, 2014. Please feel free to be in touch with any further questions. .46 , 1WHI11#14-0 WNIM-6-wheatridge.co.us t! «® 29th Avenue City of Wheat Ridge, Colorado 80033 t-,Rj 303.235.2846 Fax: 303.235.2857 V I , f . WHEREAS, an alication for a variance was s , 11 1 | -1 , 1310 Of the variance, rel ing on criteria listed in Yi Section 26-115 of the Wheat Ridge Code of Laws and on infon 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 V T' NOW THEREFORE, be it hereby resolved that: -- IMTM7 I =om tne5-toot require I I Ment resulting in a foot side yard setback for construction of a 120 square foot shed; 2) A 2.5-foot (50%) side yard setback variance from the 5- foot requirement resulting in 2.5-foot side yard setback for construction of a 473 square foot carport; I Community Develop(hent Director 4Dat i City of Wheat],idge POSTING CERTIFICATION CASE NO. WA -14 -01 DEADLINE FOR WRITTEN COMMENTS: Friday March 14, 2014 I, Vincent Stover (name) residing at 6900 W. 32 " Ave (address) as the applicant for Case No. WA -14 -01 Public Notice at hereby certify that I have posted the sign for 6900 W. 32 Ave. (location) on this 4`'' day of March, 2014 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: y 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 _S , ° �^ Po S7, �t,� 9L.— City of W CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: March 26, 2014 CASE MANAGER: Wade Sanner CASE NO. & NAME: WA -14 -01 / Stover ACTION REQUESTED: Approval of 1) A 2 -foot side yard setback variance from the 5 -foot requirement resulting in a 3 -foot side yard setback for construction of a 120 square foot shed. 2) A 2.5 -foot side yard setback variance from the 5 -foot requirement resulting in a 2.5 -foot side yard setback for construction of a 473 square foot carport. LOCATION OF REQUEST: 6900 West 32n Avenue APPLICANT(S): OWNER(S): APPROXIMATE AREA: Vincent Stover Vincent Stover 13,519 square feet (0.31 Acres) PRESENT ZONING: PRESENT LAND USE: Residential -Two (R -2) Single - Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Variance Case No. WA -14 -01 /Stover JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting two side yard setback variances from the western property line at the residence at 6900 West 32 Avenue. 1) A 2 -foot (40 %) side yard setback variance from the 5 -foot requirement resulting in a 3 -foot side yard setback for construction of a 120 square foot shed. 2) A 2.5 -foot (50 %) side yard setback variance from the 5 -foot requirement resulting in a 2.5- foot side yard setback for construction of a 473 square foot carport (Exhibit 1, Request). 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 50% of the standard. II. CASE ANALYSIS The applicant, Vince Stover, is requesting an administrative variance for the property at 6900 West 32 Avenue. The�roperty is located in the middle of the block between Saulsbury Street and Pierce Street on West 32 Avenue. The property is unique to the surrounding properties with a width of 50 feet, 25 -feet less than the 75 -foot Residential -Two (R -2) minimum lot width standards. According to the Jefferson County Assessor, the lot has an area of 13,519 square feet (0.3 acre) and contains a 1,376 square foot single family home. The property is zoned R -2, a zoning district which provides a high quality, safe, quiet and stable low to moderate - density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character (Sec. 26- 209.A). The current single family home is permitted in the R -2 zoning district even though the parcel has a substandard lot width (Exhibit 2, Zoning). The single family home is located in the front third of the long narrow lot. The ranch style home was constructed in 1924 and is part of the Barth's Subdivision, which was platted in 1882. The property is embedded in a residential neighborhood, surrounded by similar R -2 zoned, single family homes. The current building coverage on the property is 17 %, below the 40% maximum lot coverage R -2 standard. The proposal would increase the lot coverage from 17% to 22 %. The property owner is requesting the variances to allow for the construction of a carport and a shed. Shed — The applicant began building the shed in fall of 2013. Before construction, he inquired of the city building department if the shed would need a building permit since it was 120- square feet. When he learned that the shed did not need a permit he began to build the shed erroneously within the required side yard setback. The adjacent property owner to the west, seeing the new shed being constructed, approached the applicant and inquired about the setback. The applicant came in to city hall to inquire what the setback was, and how to rectify the encroachment. In evaluating the shed Variance Case No. WA -14 -01 /Stover location, staff advised the applicant to request a variance for the shed. The applicant is awaiting permission from city staff to continue work on the shed. Carport — While the applicant was inquiring about the setback variance for the shed he informed staff of further improvements he would like to make on his property and wanted to ensure he was following city regulations. One improvement discussed was the location of a carport on the property. The applicant would like to construct carport at the rear of the driveway. The proposed location for the carport served as the turnabout for the garage that was converted to living space by a previous property owner. Due to the configuration of the existing driveway and the narrowness of the lot, the carport is proposed to encroach into the west side yard setback by 2.5 -feet. Upon inquiry by the applicant, staff determined that the shed and carport variances would be applied for simultaneously. Public Notice Responses During the 10 day public posting period 1 adjacent property owner contacted the city in regards to the variance public posting: Adjacent Property Owner (6930 West 32 °d Avenue): Todd Young, the adjacent property owner to the west, contacted staff to inquire about details of the variance request. The property owner was not protesting the variance request, but was inquiring about the details of the proposal and the impact of the variance on his property. No opposition to the application was received by staff. III. VARIANCE CRITERIA 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 has separated the two variance requests under the heading shed variance and carport variance to provide the following review and analysis of the variance criteria. Shed Variance Request - A 2 -foot (40 %) side yard setback variance from the 5 -foot requirement resulting in a 3 -foot side yard setback. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to function as a single family home. However, with no garage and no outdoor storage, limited storage space exists on the property. All outdoor equipment must be stored either outdoors in the elements or within the home. Staff finds this criterion has been met. Variance Case No. WA -14 -01 /Stover 2. The variance would not alter the essential character of the locality. Accessary structures are common throughout the neighborhood and are part of the character of the neighborhood. In an aerial analysis with a 300 -foot radius from the property staff found that 10 accessory structures exist on surrounding properties (Exhibit 4, Accessory Structure). Of the 10 accessory structures, 3 of them encroach into required setbacks. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property ,vith this application, which would not be possible without the variance. The shed is an investment in the property. However, though staff has determined the location of the shed encroaching in the side yard setback is not injurious to the adjacent property owner, the accessory structure could be located on the property in compliance with required setbacks. 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. While the rectangular shape of the lot is not irregular, the 50 -foot width is unique to the property. The narrowness of the lot creates a hardship as any accessory building must be located in a small section of the rear yard. The northern section of the property is relatively flat, but the southern section of the property has a 3 to 4 -foot grade change (Exhibit S, Topography). Along with the grade change the southernmost section of the property is nearly un- buildable due to the location of an irrigation ditch along the southern property line (Exhibit 6, Irrigation Ditch). 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 alleged difficulty or hardship for the property has not been created by any person presently having an interest in the property. The arrow lot size and topographic issues were not created by the applicant, but are inherent in the property. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing Variance 4 Case No. WA -14 -01 /Stover the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and is not expected to injure neighboring property or improvements. The adequate supply of air and light would not be compromised as a result of this request. 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 conditions and circumstances necessitating the variance request are unique to the property, and not present in the neighborhood as it does not meet the R -2 lot width minimums. All other surrounding properties appear to meet the R -2 lot width standard. Staff finds that this criterion has not been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Accessory structures in residentially zoned districts are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual The Architectural and Site Design Manual does not apply to fence design within public parks. Staff finds this criterion is not applicable Carport Variance Request - A 2.5 -foot (50 %) side ,yard setback variance from the 5 -foot requirement resulting in a 2.5 -foot side yard setback. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable return in use as it would continue to function as a single family home. However, it is reasonable to request covered parking for one's property. Though the property would continue to function as a single family home, the lack of covered parking could impact future property ownership and potential sale of property. Also, all outdoor equipment must be stored either outdoors in the elements or within the home. Variance Case No. WA -14 -01 /Stover Staff finds this criterion has been met. 2. The variance would not alter the essential character of the locality. The variance would not alter the essential character of the locality, but the lack of covered parking is unique to the property. According to Jefferson County Assessor records, of the four adjacent properties, two have detached garages and two have attached garages. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property, with this application, which would not be possible without the variance. The carport is a substantial investment in the property, because the lot is 50 -feet wide, only 25 feet exist between the home and the west property line (Exhibit 7, Carport Constraints). With a 5 -foot building separation requirement, a 5 -foot side yard setback requirement, and current driveway access, the application only has 15 feet of space to build. Typical parking stalls are 8.5 feet in width. To allow for a two car carport, some encroachment would have to be made in either the separation requirement or setback. 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 shape of the lot is rectangular. The topographic constraints for the lot are confined to the southern portion of the lot away from the proposed carport location. The major constraint to the lot is the narrow size. With a width of only 50 feet, the lot is 25 -feet narrower than R -2 standards and provides a unique hardship upon the property owner. 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 alleged difficulty or hardship for the property was not created by anyone having immediate interest in the property. A previous owner converted the garage to living area. The applicant is trying to mitigate the lack of covered parking and improve the property. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing Variance Case No. WA -14 -01 /Stover the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and is not expected to injure neighboring property or improvements. 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. There are several other accessory structures in the neighborhood that encroach into required setbacks. 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. Lack of covered parking is unique to the property. From aerial analysis all adjacent properties either have a detached or attached garage on their properties Staff finds that this criterion has not been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Accessory structures in residentially zoned districts are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to fence design within public parks. Staff finds this criterion is not applicable. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with a majority of the review criteria, staff recommends: Shed Variance Request APPROVAL of a 2 -foot (40 %) side yard setback variance from the 5 -foot requirement resulting in a 3- foot side yard setback for construction of a 120 square foot shed. Staff has found that there are unique circumstances for the variance request. Therefore, staff recommends approval for the following reasons: Variance Case No. IVA -14 -01 /Stover 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 as the contemporary homeowner experts covered storage area. 2. The variance would not alter the essential character of the locality. 3. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) if the strict letter of the regulations were carried out. 4. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Carport Variance Request APPROVAL of a 2.5 -foot (50 %) side yard setback variance from the 5 -foot requirement resulting in a 2.5 -foot side yard setback for construction of a 473 square foot carport. Staff has found that due to lot constraints, there are enough unique circumstances attributed to warrant a request. Therefore, staff recommends approval for the following reasons: 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the existing conditions as the contemporary homeowner experts covered parking. 2. The variance would not alter the essential character of the locality. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. 4. The width and topographical condition of the property results in a particular and unique hardship (upon the owner). 5. The alleged difficulty or hardship has not been created by the property owner as a previous owner modified the garage to living space. b. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Variance Case No. WA -14 -01 /Stover Exhibit l: Request Shed Shed Addition at Rear of Property at 6900 W 32 Ave I am currently in the process of planning the completion of a shed that I began building in the fall of 2013. 1 was not informed of the setback restriction of 5' until I had begun the work. I was erroneously assuming that since no permit was required for a shed that the typical setbacks didn't apply either. Once I realized I as in violation I stopped working on the project and began the variance process. I am very appreciative of the help I have received up to this point from all of the city employees (Wade and Amy especially). As I was planning a car port project for 2014 (and I knew a variance would be necessary for that) I was pleased to hear that I could submit both projects under once variance. Thanks for allowing that, as every penny helps. You will see in the photos I've attached with this narrative that the actual distance from the edge of the shed to the property line is 3' not the 5' required. It is for this reason that I am submitting this variance. Please feel free to contact me with any other needed information. The dimensions of the shed are labeled on a subsequent photo that I've attached. Thanks for your consideration, Vince Stover S \Woo�" Variance 9 Case No. WA -14 -01 /Stover Applicant Submitted Photographs - Shed Iff Variance Case No. WA -14 -01 / Stover City Of 7500 West 29th Avenue Wheat 1 e Wheat Ridge, Colorado 80033 9 CCn r kAAUNITY DEVEL 303.235.2846 Fax: 303.235.2857 OPMENT Variance Criteria for Review Staff uses the set of criteria listed below to critically evaluate a variance request when they are performing their review. Applicants must also submit a written response to each of the applicable criteria with their application for a variance. The criteria listed below are applicable to all variance cases with the exception of the final two criteria, which are not applicable for variances for properties with single family and two - family dwelling units. The responses must reflect why a variance should be granted. The community development director, board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. B. The variance would not alter the essential character of the locality. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. I. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Variance Case No. TVA -14 -01 /Stover Variance Criteria for Review Responses for SHED a. As this property doesn't have a legitimate area designated for covered storage this presents a clear negative impact to the homes market value. This property has been negatively impacted enough by both east and west neighbor's inability to maintain clean and presentable properties. Exterior storage is critical to the function and marketability of this property for lawn care devices and general storage purposes. b. The granting of this variance wouldn't alter the essential character of the property but rather enhance it. Much like all of the other improvements that have been made over the last 6 years, this shed will become an element of pride and beauty in keeping with the already established aesthetics of the property and area. c. As the proposed improvements to this property are in violation without the acquisition of a variance, it is critical that the variance be acquired /granted for the project's completion. The foundation of the shed has already been installed and to move it would require total destruction of progress already made. d. As the shed exists in a small portion of the back yard, the two foot encroachment is critical given the size of shed and the resulting usable space of the yard. This issue is exacerbated by the topographic changes and vegetation present in this area of the property as well. e. No particular hardship exists aside from what is outlined in criteria d (above). The conditions were created by the lot division and the landscape inclusions from years long since past. f. The granting of this variance wouldn't be detrimental to anyone. It would only serve to enhance the function (therefore the value) of the property and help create a visual barrier between two properties. No public safety issue, airflow, direct /passive solar reduction or other negative impact would result in the granting of this variance. g. As many of the lots in this neighborhood are long, narrow and rich with landscape variation, the reason for requesting this variance is prevalent in the area and is not unique to my property. h. No response required here i. No response required here Variance ) 2 Case No. WA -14 -01 /Stover Lm tMn lk i 90 _ SHED TOP VIEW 1 1 (. 1 3 I I I 1 1 1 i - - 9' -- .... NOT TO SCALE - - - -. Variance 13 Case No. WA -14 -01 /Stover MI LE VIEW l .tip 'v• "4. `! P4 �. . Variance 15 Case No. WA -14 -01 /Stover Carport Design Concepts B, The variance would not alter the essential character of the locality C. The applicant is proposing asubstamoll irvesunent in the Property with this applicaliou, which would not be possiNe without the variance, R 77he particular physical surrounding, shape Or topographical condition of ill, specific prop 1, Cproperty results in a particular and unique hardship (upon the owner) as drsunguisbed from a mere. inconvenience, E. If there is a particular or unique hardship, the alleged difficuiry or hardship h by an) person presently having an intere i the property*. as true been created V Tire granting of tile variance would not be detrimental t aloe public welfare Or injurious to other property or improvements in the ne ighp ,1410 04 in which the property is located, by, among other things, substantially or permanently impairing the appropriate, use or development of a4jacent property', impairing the adequate SuPPIY of light and air tCr adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangeritig the public safety or substantially diminishing or impairing pnipe values within the neighborho;d, G The unusual circurnstances or conditions necessitating, th variance request are present in the neighborhood and are riot unique to the prop Ff. Granting of the variance would result in a reasonable accommodation of a person with disabilities, 1. The application is in substantial compliance vvith the applicable standards set f it, the Architectural and`,Fite Design AVanu4.,j Vier iance 17 Cot,ve Nci. TVA-14-01 / Stovet- Variance 18 Caste No. J3IA -14-01 I' Stover 1/ = 1 CARPORT T Existing fence and Property line Variance 19 Case No. WA -14 -01 /Stover — -- — -- - -- 21.5' CARPORT T a 22' 21.5' ' /4 " = I I SPECIFICATIONS: • 3' s 12" caisson footings (6 total) • Glue lam rafters and finders • 2X6 T &G SPF ceding • Standard dimensional shingle roof • 6s6 Cedar pasts with post and base connections Existing fence and property line Variance 20 Case No. WA -14 -01 /Stover Variance Case No, IVA-14-01 IStover PropertN appraisal system Info �fim • um 1agv i o' $ 0 12, 1 20 E P"ariance 23 Case ATo, WA-14-01 IStover When Recorded Mafl'lb� CHERRY CREEK MORTGAGE CO., INC. 7600 E ORCHARD RD— 25ON GREENWOOD VILLAGE, C080121 (303) 320-4040 ------------ DEED OF TRUST STOVER t oan 0, 01203386 PD1 021876 C&M,4 052-4380818-703 THIS DEED OF TRUST("Securits instrument") is inade oil APRIL M 2008 aMong the greener, VINCENT STOVER the Pubnc Trusme of JEFFERSON Cvnjjjr arid the berreficiary, CHERRY CREEK MORTGAGE CO INC., %0irch is organized and existing under the Imk s of THE STATE OF COLORADO, and whose address is 7600 E. ORCHARD RD #250-1.p, GREENWOOD VILLAGE, CO 80111 ('Tenthn") Borrowerroves Lender the ptincitod stem ol'ONE HUNDRED SEVENTY-TWO THOUSAND FIVE HUNDRED FIETY AND 00/200 Dollars(l),S, $172. 550.00), This debt is evidenced by Borriluor's note dated the carne date a5 this Security instrument 1"Note"), which provides ftw mortiffly Pjyrnerlis, o the bill deta, if ran paid earlier, due and payable on MAY 1, 2038, 111h; Security Instrument secures to Lender (, the repayment of the debt evk1lenced fix die Nlote, ivnh interest, and aid reneyvals, extensions and modificalwns cif the Note; (b) the pavrirenT of all other stuns, evith interest, advanced tinder paragraph 7 to fircrect the security of this Secor4% histrinnew; and (c) tire performance of Borrower's covenarus and agreements under trues Securft,, Instrurnerlt arid the Noct For this purpose, Borrower, in consideration of the debt arid the trust herein created, aTevocatiry arants, and conveys to Trustee, in trust, o, nh power of sale, the fiallievving described property located in JEFFERSON Corno)", �,olorado, LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART RERROF� w�i�ct`a has the addressof'6900 WEST 32ND AVENUE, WHEAT RIDGE, CO 80033("I'yoperrysilddreW), TOGETHER WFTH all flue onprovetionits novk or lyereafter erected on the property, and all casements, appurtenances, and fixories rrcm or hereafter a parl of the prop", AB replacerroolts and additions shall also in covered bs this Securltv Instruinerri, AR offfic foregoing f referred to in this Secinity hn.ttrument tis nje BORIO)WER ('0VENANTS that Bcarooee is lawfulh, seized of the estate hereby conveyed and has tire rigN to giant n d, except for encumbrances of' rec ord. Borrower warrants and end conve the Pic arid that the Picplory is une coroner e will defend generally the title to the Property agairBi alf claims and demands, subject to any encumbrances isfrecur& Tl-flS SE iNSTRUMENT combines unifisren convents fox nittio use arid roin-uniforal coveriants, with p operty, Borroner arid Lender Covenam arid agree as friflolae UNIFORM UssTNANTS. L Payment of Plincipal, Interest arid Late Oiarges, Borrower shaD include pay nhen due the principall of, and inlefest on the debt evidenced by the Note and late changes due under tire Note, 1 Monthly Payment of'Faxei, insurance and Other Charges, Borrower slia" include ill each monthly payfriew, together with the principal and intercsr as set forth in the Note and any late charges, a sum, for (a) taxes and special ar;srestrients levied or lo be levied against the Propertv, (b) leas hold payments or ground rents on the Ptisperty, and (c) premkims toy insurance rquired under paragraph 4, if' aflY Year irk whwh the Lander fousi pay a mortgage insurance prenrium in file Secretary of Housing and Urban Devel0fifocro ("Secrefirry"), or in any year in "Plop such ptcaijure, lvould have been required it f,efolci stM field the Securrey instrument, each orOothly payrivent shall also in dude caller (i) a son, for tile annual rnarlftagv insurance premkon to be, paid by Lender it) the SecremrN, or (if) a inontlOy charge instead ofa montage trisuralwe prejonso, if Ins secufity [worturreill is held by the Secretary, in a reasonable amount to be dentrunmed by tine Secietary. Except for flit monthly charge by the Secretary, these kerns are called "Escron sterns'" and the gnirs paid to Lender are caHed "Escytok 1aunds Lendet rnay, at any rinse, co0ect and hold anosonts hot bscress Items in air aggrelpne runount not to exceed the ritaxorium amount Olaf mity be required for Borrovver's escrow account under the Real Estate Settlement Proatchuct, Act of 1974, 12 f .S,C, Section 26W etseq add implementing regulations, 24 CFR Ilan 3500, as they may tw amended fi rern torre to time ("RESRA"), except that the cushion or reserve perisdned by RESPA for unanticipated ' disbursenicrils, or disbursensents before Ole Lg)rfowerls payments are ro in the account fritly ma be based on anvounis she for the mortgage arsinance lss� 366 "a ease Y of t , FHA 04iwado Deed of'b use - I OP45 Vatriance 24 Case AID, ITA-14-01 ISIover aa.aasaea tarok, If fire ancounts held by Lender for Esero'Ns fterrts exceed the amounts pernioted to be field be RESPA, Leader shall Account to pieta awver for excess hinds as required by R SPA, If the amounts of funds Dread by Letrcfer at ant little are rno b . su ffi c i e nt to pa the escrow Items wn lien doe, Lender may notify. the Borrinver and require T3srrcar "er eta rzeaf;e up tire s#rarrsade or deficiency as permitted by RESPA, the liscroks Funds are pledged as additional security for all sums secured by this Security Instrument, if Borrower tenders to Lender the full payment of all such suits, Borrower's account shall be credited with tire balance remaining for ali rust >allownt items (a), (la), and (c) and any mongar_ insurance premium installment that Lender has not become obligated to pay to The Secretary, and Lender shall promptly refired any excess funds to Borrsaoer. Immediately prior to a foreclosure sale of the property or its acquisition by tender. Borrower's account shad be credited v ith any balance rear iming for all installments for kerns (a). (b), and (c). 3, Application of Payments, All payments under paragraphs 1 and ) shall be applied by Lender as fot)oawEs: I ' use. to fire toortgage insurance prcnhurn to he paid by Lender to the Secretary or to tire. tmosthly charge by the Secretary ins'te ad of the monthly niott gage insurance premium; Setcnd to any taxes, special assesstroots, leasehold payments of ground rents, and fire, flood and other hazard insurance premiums, as required; (hard, to interest due under the Note; ft)urtPr, to arminizati€an of the principal of the Note; and L rfth to late charges due under the Nicue, d. 1 are, flood and Other tkazard Insurance, Borrower shall insure all improvements on the property, whether now in existence or subsequently erected, against any hazards, casrsalties and contingencies, hichofi rg i "ire„ for %hick Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Leander requires, Borrower shall also unsure all improvements on the L°ropertj, whether now in existence or subsequently erected, against loss by floods to tile extern required by the Secretary, All insurance shall be tarried with companies approved by Lender, The insuraracs policies and and renewals dials be head by Lender arid shall include loss payable clauses in favor of, and in a fount acceptable to, Leader. In the event of loss, Borrower shall give tender immediate notice by mait mender may make proof cif "loss if not made promptly by 1Soircwwer. Each insurance company concerned is hereby authorized acid directed to crake payment for such toss directly to Lender, histead of to Boff(over and to Lender jointly. Ail or any pail of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness carder the ideate, and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment ofprincipat, or (la) to the restoration or repair of the damaged Property, ;"awry° application of the proceeds to tide principal shah not exceed or postpone the due elate of the monflily payrnents which are refecred to in paragraph', or change the arnount Ofsuch payments, Any excess insurance proceeds over an arasolull required to pay all outstanding indebtedness under the Note and dais Sccurdy Insmuttent shall be paid to the entity legally emillcd thereto. In the event of foreclosure of this security Instrument or cattier transfer of title to the Property that extinguishes the om btedness_ kill right, title and interest of Borrower its and to insurance policies in farce shall pass to The purchaser, Occupancy, fwrese^rvation, Maintenance and protection of the Proprerty; Borrower's Loan as pis ication, Leascheotds. Borrower shall occufayr, establish, and rise the Property as l3otttawaar's principal residence wwfthrr; snit; flays after the execution of this Security Instrument (or within sixty days of a later sale of transfer of the Property)and shoal confinue to occupy tine Property as Borrower's principal residence 'for at least Carle year after the elate of occupancy, unless the Lender determines that requirement will cause linden; hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control, Borrower .',hall notify Lenders cif lily' extenuating circumstances. Borrow shall not cor€sssit waste or destroy =, damage or substantially change the Property Or allow the Properts to deter orete, reasonable wear and tear excepted. Lender may inspect the Prolaerty= it: the Property is vacant or abandoned of the loans is in default, Lender may take reasonable action to pwi otect and preserve such vacant of abandoned Property, Borrower shall also be in default if Borrower, during file loan application process, slave materially false or inaccurate refcarrrsartirrn of statements to tender (or failed to provide t. ender with any material inforxrmimn) in connection vwuh the toast evidenced by the )vane, including, but not limited to, representations concerning BorroAver's occupancy" of the Prcalaerty> as a principal residence If this Security lostrusaeni is on a leaschoid,, Borrower shalt comply with all the provisions of the lease, If Sorrinser acquires file title to the Property, the leasehold and the fare; title shalt not merge unless Lender agrees to the marger i writing, 6, Condemnation, , `lhc proceeds of any awweral or claims for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or tsar conveyanace in palace of concharinabon, are hereby assigned and shall be paid to Lender to the extent of t &re full amount of'the indebtedness that remains unpaid sander the Note and this Security Instrument Lender shall apply t;uch prrwceeds to the reduction of the indehrcdness under the Note and this Security Instrument, :y °ir'ew is t'aafl 2 wrff tat8>i! CaiaaratMo oasis tall "roar , ttk#" Ma6ance 25 forst to any defirolloml anournts applied in the order provided in paragraph 3, and then to prepayment of principal. Any applivalion of the proceeds to the panne ipat shall nor extend or prouterre the due date of tire monthly Previtterds, Which are unsu; 41 re ferred to in paragraph 2� or change the amount of such payn s Any excess, proceeds twel air aniount required to pay fl outstanding indebtedoess under the Note and this Security Instrunnno shttl be paid to the entity legaily entitled thereto. 77charges to Bors-roxcr and Protection of Lender's Rights in the property, Borrooer shall pay all govemmenno Or niurucipal Chaw-ges, lines and unpositions that are not included in paraip 2. Borrinver shall pay these obligations oil little it is roved the payryono� If failure to pay would adversely affect Lender's interest in the 1 upon di to the ento, Whic Lender's request Borrower shall PPADIA[V furnish to Lender receipts evu denong these payments, h if Borrower fails to Make these payments or the payrnews required by paragraph 2, or tails to perform any at C r covenroos and agreements cOntatned it' tills Secruity Incryurnerd, or there is a legal proceeding that aray significanfly affect l, I ndhis in the Property (cute, as a proceeding in bankruptcy, for condemnation to enfiarce laws or regulations), then Lender its ay do and pay V, hatevor is necessary to protect tile saint of the property and Lerrdet rights in the Property, incholing PaYTTlent of taxes, hazard insalance and other sterns mentioned in paragraph 2 Any affoYUMS disbursed by header under this paragraph shelf become an addi(ional debt of Borrower and be secured by tfus ScCuritil' 1115trUalclo- 1 anjourns sloill bear interest front the dtine rat disburse rnw, at the Note rate, and at the option of Ltnder, , be onarediately dm: and payable thrower shall inor'll'AlY discharge any lien vshich has priority over tills, Secuirty Instrurnero unless Bonsover (a) agrees in wroing to tile Payment of the obligation secured by the hen in a rnannet acceptable to Lender, (b) contests in good I li by, or defends against entsocerocor of tile hen in, legal proceedings which in the Londet's ispinion is cram to fatol I ernero stootlectol) to Lendersublardinafirli, t tine hen ar (c) secures front Ow holds of b the li at agre prevent the entorcellrent 0 the pcopers �s sub ect to a Lien which may atillin the list) to this securivy Instrument. If Lender Determines, that any pact of J priority over this SecUx us lost'llawrg, J.endor may give Bonower a runice idernif)- the liens. Borrower Shall sansfi, the lien or take one rat tnore of the 3cii0ro, set forth above whilin 10 days of the giving (AnDfict- Pd. Fees, , olay e fees and charges awhorized by file Secretary 9. Grounds For Acceleration of Debt, (a) default, Lender nay except as liturted by regulations issued I)y the Secretary in the case of payrnern ,idea Sts, require oranedrale payment i h of ali sums seem - ed by this Security Insinsment If. (i) Bortolver defaults by fithrop to pay in full any necoldfly payn required by Ode Seenrit-, h prior it) or on the due date ofthe next nolnuldy payment, or (o) Borrower defaults by failing, for a peroof of thirty days, to performs any other obligations contained in this Security Instrurnein, - able la%v (including Section 34 I(d) of the Salt, Without C" red d Approval, Lender shalt , if pertnuted by applicable, Gatti St, (3crloaili Deposhomy Institutions Act of 1982, 12 6 S C 1701j-3(d)) and orth tire fa ioi ap rov3I of' p S sccuretl by this Security Instrument 1" dire. Sea re j , ,g y , require iintioldiale Pay illent or fall of all slon (t) All or part of the Property, or a beneficial interest in a inns owung alt or part of the property, is sold (yr offienvke transferred (other than by devise or descent) by file Thurooer, and (is? 'file Porisey is nor occupied by the likachascr or grantee as his or tier principal residence, or the Purchaser or grantee does so occupy dw Property but his or her credil has not been approved In accordance with the requirements of"he Secretary. do liviover. if Cacurtwouices occur thin %vor0d pearls, Lender to riupore nornerhate payment rn fell, hot Lit der does nor require such PaYfocrus, 1,ander does hot va aive its rights with respect to subsequent events. (d) Il of 141,31) Secretary. In many cir"unsoolces regulations issued by the Secietan will hunii Lender's rights its the case Offlay'llient deft uhs ot requov inurrediahr payment in Mi and foreclose if not paid, S Insourneto does not authorize acceleration OT foreclosure if net perionted by regulations of the suclews (e) Mot tini, a , gc Not Jnsure& Borrower agrees that if it SecuritA Instrument and tire Note m not detennuted to b c l i gdlic fo o liln 60 days from his date hereof, L trader may, at I joutrancc tindc tire National Housing Act lv its oplir , in , jectune inivnedrate payineto in full of a cu tali sums secured by this Security Instrument A wrinen statenuall of any audooized agent of the Secretary stated stillsequent to 60 day=s front the date hlneof, dechning to insUffe INS SeCUIRY lostrument and the Note, shall be, deemed conchosive proof of such dlcfigibilo) Notsvidistrording the forcgoing, this option rnay nor be excionted by Under when Inc orlavailabilin, I cif insurance is scilefy due to Leroter's Catkins to renor a mortgage insurance premium to tile secrellu) -1 t, 6, 28, Page , of 6 FMA Coiorada 1,)t(-,d afTrust - 1085 Varietnee 26 Case Alo, JVA-14-01 Stovet- 01203.88 lx1. Reinstatement, Borrower has a right to be reinstated if Lender has required immediate payment in balk because of Borrower's failure to pay an rarnount dare under the Note or this Secruit} Instrurnem `I "iris right applies even after foreectosta proceedings are instouted, 'To reinstate the Security tnstrun °rent, Borrower shall tender in a lump siren all aftaounts required to bring Borrower's account current including, to the extent they are obbini ions of Borrower under this Security Instrument, foreclosure costs and reasrtnable and custsatuary' arttorney's tees and expenses properly associated with the foreclosure proceeding. f3p ort rentstaternent by Borrowitc, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to pertttst reinstatement if, (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years mancediateky preceding tltc commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (rti) reinstatement m rat adverse Iy affect the prioriry of the beta created Is this Security Instrument, 11, Borrower Not Released', Forbearance By Render Not a '1Vaiwer Extension of the tune of payment or modification of aarronrzation of tire sums secured by this Security Instrument granted by bender so any successor tea interest o f , Borrower shall not operate to release the liability Ofthe original Borrower or Borrower's successor in interest. L.surfer shall not be, required to cortsttaence proceedings against any successor in interest or refuse to extend time flap payment or otherwise rraodi#y aantortization of rise starers secured by this Security Instrument by reason of demand made by the original bmrrovwer cat Borrower's successors in interest. Any forbearance by Leader in exercising any right or remedy shall not be a waiver of or preclude fire exercise of any right or remedy, 12. Successors and Assigns Round; Joint and Sev =eral liability, Co-Signers. The covenants and agreements off this Security Instrument shalt bind and benefit tine successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b) Etorrovver's covenants and agreements shalt b: joint and several, Any Borrower who co -signs this Beast €ty instrument httt aloes trot execute tier Now (ai is CO - signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in tlse property under the terms of this security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accorn atochmons la ctic regard to the terms oftins Security bntrmi ent or tire Note without that Borrower's consent, 13, Notices Any nosier Co Borrower provided for in this Security Instrument shall be given by delovering it or by mailing it by first class load coxless applicable law requires use of another method, The notice shall directed to the Proper Address or any other address Borrote er designates by notice to Lender. Any notice to Lender shall be given by first class retail to leader's address stated herein or any other address Lender designates by notice to Borrower, Any notice pxuwsdcd for its than Security Instrument shall be thourrad to have been given to Borrower or Lender when given as provided in this paragraph Id. Governing Lava-, SevEerability. This Security instrument shall be governed try fribrak lawv and the law of the jurisdiction in which rite Property is located, In the ev =ent that any provision or clause of this Security instrument or the ?vote conflicts with appficable law, such conflict shall riot affect tether provisions of this Security Instrument or the Note which can e given effect w =ithout the conflicting provision. To this end the previsions of thi Security Instrument and the Note are dec°kared to be severable. 15. Borrowers Copy, Borrower shall tit given one conformed copy of the Note and ofthis Security Instrument, lfi, hazardous Substances, Borrower shall not cause or peruld the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property, Borrower shall not do, nor alloo, anyone else to do, anything affecting the Property that is to violation of any Environmental Lao", The Preceding two sentences strait not ap,pl}'' to the presence, use, or sf rage off the Property or small graantrUes of Hazardous Substances that are genera3lg. r� ogrtizcd tc br appropriate to rtor`anal resrdentjet rases anti to rna rnerrance of tits: Property Borrower shall promptly give f,eroicr written notice of arty= investigation, claim, demand, lawsuit or other :action by any governmental or regulatory agency or Private patty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If IfcroOlVer learns, or is notified by tatty= governmental or regulatory authority, that sane removal or enter rernediation of any Hazardous Substances affea;ting the Property is necessary =, Borrower shalt promptly rake all necessary remedial actions lea accordance with Envann" rental Law, As used in this paragraph ib, "Hazardous Substanc are those substances defined as toxic or hazardous substances by Environmental Law and the following Wbstaaaccs; gasoline, kerosene, other flatntnable or toxic petroleum products, toxic pesticides and herbicides, volatafe solvents, materials containing asta"uss or forno ddehvtie, and radioactive materials As used ill this relate to Ile° paragraph 16, �r mental prrueomod Law" federal lases and Iaoe Of the fur olicfson where the property is located that t`.ON- 17NEt "ClRM COVENANTS. 3,S. Ionia» >cr and Under further covenant and agree as follows. l" Assignment of Rents. Borrower unconditionally assigns and transfers to Lersder° Mi €tae rents and revenues of the property Borrower authorizes Lender of Lender's agents to collect tlae rents and revenues and hereby directs each tenant of the Property to pay the rents is, Lender ° or Linder's agents, However, pricer to Lender's notice to Borrower of Borrower's Iareach of 366.28 Past 4 of tr #a C aturado D"d of" Tr €asp or% 1 ce 27 C erve M.). ff "A- 14 -01 1SCtrvei- sr covenant of agreement in the Security Instrument, Borrower shalt collect and receive aft arts and revenues of the Property as Fusee for sire benetat of J.ender and Borrower y his assigtam ra of` rents constitutes ass aabsol ute assignment czar! not an assigntron t of ackittio nap security airily if Lender gives notice of breach tit sarrrawer: (aa) all rents received by £laanuuer shalt be held by fulnoaver as trustee for benefit of Lender only, to be ,applied to the suors secured by the Security lnstrurnent, tb,l Lendcr shall be entitled to c:oliect and receive all of the refits Of the l°topertyf and try each tenant of the f'ropterty shall play apt ;oats dui and untond to tender or f.endez s went on 1, ender 's written derrssrd to tiles tenant Borrower has not executed any prior assignment of the refits and has not and will not perform ,slat` acs hou would prevent Lender f con exercising its rights wilder this Paragraph 17. Lender shall tsar be required to enter upon, take control of of maintain his property before or after g+ +avian* notice of` breads to Borrower. However, Lender or a judicially appointed receiver may der so at arty time daces es a breach, Any ap ti ic,stion of term shall not dart° or waive any defoult of inv^aNdate any other right or remedy o1' Lende. This assignment of rents of she Preojaars} shad! to nronate vvhcn the debt secured by tire, Security Instrument is paid in €'bR 18, Foreclosure Procedure, It Lender requires inanrediate payment in (tilt under paragraph 9, Lender pray i nvo k e the power of sale and any rather remedies permitted by applicable tats, Fender shall be ,entitled to coatfce( all expeoses incurred in pursuing the reuaedues provided in this paragraph 18, including, but not limited tea, reasonable attorneys' fees and casts of title evidence If Lender invokes the power of sale, Under shall give written viatica to Trustee of the occurrence of an event of default acct of Lender's election to cause the Property tat be sold. Trustee shelf record a native of sale its each county in orbicb any part of the Property= is located and shall mail copies of the notice: as prescribed by applicable law to Borrower and to the others persons prescribed by applicable law, After the tune required b applicable law and after publication and posting of the notice of sale, Trustee, without dernand on Harrower, shall sell the Property at public auction to she highest bidder for cash at the time and place designated its the notice of sutler. Trustee nray p nittions sale of the Property by public announcement at the that and place of any previously scheduled sale, Lender or its designee ritay purchase the Property at any sate. Trustee shall deliver to the purchaser `f'rustec's deed conveying (lie Property without any covenant or warranty, expressed or irupbed. The recitals in the Trustee's decd shall be prints facie evidence of the truth of the statements made therein. I'rustee shalt apply the proceeds of the sale in the following order. (a) to all expenses of the sale, including , but net Mailed tog reasonable Trustee's aotd attorneys' fiact, (b) to all sums secured by this Security lnstruntent, and ('r) any excess to the person or persons legally entitled to it or to the clerk, of the superior court of the county in which the stale took ptwce. if the lender's interest in this Security Instrument is held by tire Secretary and the Secretary requires immediate payment in full under Paragraph ±s, the Secretary array invoke the nonjudicial power of stale provided in the Single F'andly Mortgage Foreclosure Act of 1994 ( "Art ") (12 U&C.. 3751 at .seep.) by requesting it foreclosure contrnissitiner designated under the Act to commence foreclosure and to sell the Property as provided its the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release, Upon pz<ayt non of all sutras secured by this Security Instrument, Lender shall request that Trustee release this Security Instruntern and shall produce fear Trustee, citify canceled, ail notes evidencing debts secured by this Security Insuorneot Trustee shall release this Security Instrument orthout futthet inquiry tar fiab lrty, Borrower shall play arty-` recordation assts and tire statutory Trustee's feats. 20, Waiver of'plotuestead, Borrower waives all tight of homestead exernfid n its tire Property. 21, Riders to this Security fosirit unC If one or more riders are executed by €larrerWat and recorded together INvh this Security instrument, the covenants of each such rider shall be incorporated nun and shall arne rtl and supplement the cirvenal"ss sails+ a gree me -nts of ifias Security Instruments it the riderrs) avert .a part of this Security Instrurr em, re 366 28 Nat 5 of 6 f fra, Coformftl Drell of Truse .. 10,19; i`irYratac.`f 2 Case No, TVA- 14 -01 i ,5brav ei 01203388 r The Following Rider(s) are to be executed by Borrower and are attached hereto and made a part thereof [check box as applicable]: 0 Condominium Rider 0 Growing Equity Rider 0 Adjustable Rate Rider 0 Planned Unit Development Rider 0 Graduated Payment Rider ® Other(s) [specify] TAX EXEMPT FINANCING RIDER BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. - BORROWER - VINCENT STOVER - DATE - (Space Below This Line For AclmowlcdgmentJ STATE OF COLORADO COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this by VINCENT STOVER. Witness my hand and official seal. Notary Public My Commission Expires, 366 26 Page 6 of b FHA Colorado Deed of Trust •IONS Variance 29 Case No. IVA -14 -01 /Stover- Exhibit 2: Zoning Variance 30 Case No. WA -14 -01 /Stover Exhibit 3: Staff Pictures Looking West: The applicant began work on the shed in fall of 2013. At the time of beginning construction of the 120 square foot building he did not inquire about setbacks. He is awaiting pennission to continue from city to finish the structure. Variance 31 Case No. WA -14 -01 /Stover Looking North Looking South The applicant began construction only 3 -feet from the property to the west. He constructed the accessory structure in the setback in error as sheds under 120- square feet do not require permits. Variance 32 Case No. WA -14 -01 /Stover Looking South: The carport location will be located on the previous turnabout area from the converted attached garage. Variance ; Case No. WA -14 -01 /Stover Exhibit 4: Accessory Structures II � 07040 07005 � 07000 03125 Li 03096 03066 03036 0694° 06890 06860 06840 � p-- 06935 06905 06901 06875 801 06970 06950 II 8ii2fl I OB800 06862 0 Ji 13930 06900 -- 06986 0684D 01316 - -- 300' -UI 031W Mim 03090 0 , — «�75 03070 0316 03070 0 w © E0306MO 03099 0306D �� a 03040 013145• 03040 03035 03030 03035 1 032 032 06772 Accessory structures are prevalent throughout the neighborhood, within a 300 -foot radius there are 12 accessory structures. Variance 34 Case No. WA -14 -01 /Stover The northern section of the property is relatively flat, but the southern section of the property has a 3 to 4 -foot grade change. Along with the grade change the southern section of the property is nearly un- buildable due to the location of an irrigation ditch along the southern property line. Variance Case No. WA -14 -01 /Stover Exhibit 5: Topography Exhibit 6: Irrigation Ditch 068x5 069X 06905 06901 06875 06069 06801 32nd Aare 06970 06950 06800 06820 06862 07000 O (D 08930 06900 Cn 06985 06840 03195 3� S1 A 03100 03101 to ago m 03165 m fJ 03075 m 03070 03165 03070 A large irrigation ditch runs the through the southern portion of the property limiting buildable space in the rear yard. Variance 36 Case No. WA -14 -01 /Stover Exhibit 7: Carport Constraints Distance between the existing single - family home and the western property is 25 feet. With existing building separation and setback requirements the applicant will only leave approximately 15 -feet of building space to adhere to regulations. Variance 37 Case No. WA -14 -01 /Stover Case No, f 4UA1401 Date Received 2'/28/2014 Related Cases 6mm m Planner Sanner do „ u. _.. Case DescriptiorRW p Bequest fare .5-foot side Setback variance resulting in a 25 �... .., ,...: Side setback for construction of a Shed and carport w ARMINT FNSD ZOR ING APPLICATION 8.00 z PAYMENT CC T C 3675 2 Name Vincent Stever Name m . _ ., .... o Phone Address 6900 32nd Ave City State Cfl yip `SOd733 ...Mw,:.. .. t7va�x. r l�ar`c,�rtir Name Vincent Stover Name Ph'ane 641 0964 .M,.., _.. Address city s�heatRid e ' ; (303) States CO d ip 6 0033 -` Name Vincent Stover Nara; Phone (303 641 0964 $ Address 6900t? 32nd Ave City +heatRidge,_.n ... e.. state Zip 60033 ......... . ..,, -. ",. -,-,. .., „ . ............. Address 6900 Street t ` 32nd Ave City Wheat Ridge State CD = 2ip x90033 Location Description . Protect ; Parcel Na Qtr ectian District Na ,�. Parcel No, 3926401053 SE26 1 M-264-01-053 Qtr Section. SE26 District No, I . . . . w,. Pre-App Date Neighborhood Meeting Date m ,.. 1 App No. Review Type Review Body Review Date Disposition Comments Report R eview i Admen ....w...� ,,.. w.._ ....... , .. .. ' ., ...... .. .......n., ' _ ..,..,a �` m , .. t i Case Disposition Disposition Date Conditions of Approval Notes i ..u.� wM, ., ..._ _... Res # Ord Status l3pen , . aa.n r._ ... Storage, CITY OF WWAT RIDGE 02128/14 It.66 AN cdba Vincent Stover RECEIPT -.0 634 ARMINT FNSD ZOR ING APPLICATION 8.00 z PAYMENT CC T C 3675 2 TOTAL 209. City of� hear. City of Wheat Ridge Municipal Building 7500 W. 20 Ave, Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Project Name. (" � Project Location: Applicant: V 4 f Date: Z— zI_ " '711 Project Planner: Fee Paid: As applicantfear this project, I hereby ensure that all of the above requirements have been www.d.wheatridge.coms Applicant Address Phone - City State 0 Zip "Z 03, Fax Owner —S�> Address Phnnp City State Zip A I Fax Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements, incomplete applications will not be accepted. • 4 Size of Lot (acres or square footage):A;��;aw., Proposed Zoning:,—t!,,.) �A by me this day�of rC , 20_Lj_ by !tl on To be filled Date receiveout by M wr N d Fee $ o�K Case VIA34 No. , — ---- ece ilitN Comp Plan Design,__ Zoning Quarter ection I _ ;--� -- 'qap 1---- S Related Case No, Pre-App Mtg, Date__,___ Case Manager_ —SC4-;Izz-- You will see in the photos I've attached with this narrative that the actual distance from the edge of the shed to the property line is 3' not the S' required. It is for this reason that I am submitting this variance. Please feel free • contact me with any other needed information. IN .... .... . . .. Vince Stover rte -► "Zi- "Ify..; , YWCIM am Ir j jam` • At -mmom— j jam` • j jam` # A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. B. The variance would not after the essential character of the locality C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance, D. The particular physical surrounding, shape or topographical condition of the specific, property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience, L The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, a. As this property doesn't have a legitimate area designated for covered storage this presents clear negative impact to the homes market value. This property has been negatively impactl enough by both east and west neighbor's inability to maintain clean and presentable properties. Exterior storage is critical to the function and marketability of this property for b. The granting of this variance wouldn't alter the essential character of the property but rather enhance it. Much like all of the other improvements that have been made over the last 6 years, this shed will become an element of pride and beauty in keeping with the already destruction of progress already made. d. As the shed exists in a small portion of the back yard, M foot encroachment is critical given the size of shed and the resulting usable space of the yard. This issue is exacerbated by !I e. • particular hardship exists aside from what is outlined in criteria • (above). The conditions were created by the lot division and the landscape inclusions from years long since past, r L The granting of this variance wouldn't be detrimental to anyone. It would only serve to enhance the function (therefore the value) of the property and help create a visual barrier between two properties. No public safety issue, airflow, direct/passive solar reduction or milipi Ea= 19 9 all E4 r Ll 2 . t� ar k F Ll 2 . t� ar k City of Wheat iclge 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 March 4, 2014 Dear Property Owner: This is to inform you of Case No. WA- 14 -01, a request for approval of a (50 %) side yard setback variance from the 5 -foot requirement resulting in a 2.5 -foot side yard setback for construction of a shed and carport on property zoned Residential Two (R -2) located at 6900 W. 32 " Avenue. 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 March 14, 2014. Thank you. WA1401.doc www.ci.wheatridge.co.us Site Plan A request for approval of a (50 %) side setback variance from the 5 -foot requirement resulting in a 2.5 -foot side setback for construction of a shed and carport. C)A= Q7,is &15. . _ Y_ B _.1,_7.1 GLJ47 [7,ttitrr .ryr .trv9 �x JJ M� LAND S U R V K V I N G Nrwc rT°rev- ewrrsa euea wAfM eam - wrrc 160 ARVAEA. C.os -AOM MOOM (app) A-Z -trek iwo-nGYEmEwLACJITIONCLUM ►:ATt LEGAL- DE5GRI FrT ION —� �- {plw-- w•r � 58E rL1'=a =NLL G.EGa:. 'J�Ci;.IFi'SOrI Nor C4"wkgh 0 W i+CWWMU7rft. A. I�iSiMt1'!"1d.1��w4r . ft,; l�tb�iiiAof i =dlrafrl+li��11� if GO Wvw nod A-*= IStS Id�me °imn a(oie 4wim La o(L.i x Ow 2 n.►L�Li N �i, •. i ii 10, scab 1,�p. a 1 f C.. MIA � 113 4}La� l♦ /t i•T� � I 4, f --f To ' 12.1 fjf'Cp - (•�+o. _ � Dumb nxr 1 4 I c is � L C T GV64 VI ' ,3„ •y 1 1 ro bv- Wfllat l° vu 1,7: MV !✓tr/ _ 4 Rog"" EMM"'OV — I GENERAL INFORMATION Schedule: 086418 Parcel ID: 39- 261 -00 -249 Print Helu Status: Active Property Type: Residential Property Address: 06875 W 32ND AVE Owner N ame(s) WHEAT RIDGE CO 80033 6256 BOWERS VIOLET C Mailing Address: SAME ADDRESS AS PROPERTY BOWERS GAYLE D Neighborhood: 2405 - BARTHS, COULEHAN GRANGE, WHEAT RTni;F APPA 7013 2250 0000 3608 2568 GENERAL INF Schedule: 022110 Parcel ID: 39- 264 -01 -052 Print Helt� Status: Active Property Type: Residential Property Address: 06862 W 32ND AVE WHEAT RIDGE CO 80033 D JOAN Mailing Address: 06840 W 32ND AVE WHEAT RIDGE CO 80033 7013 2250 0000 3608 2575 Neighborhood: 2405 - BARTHS, COULEHAN GRANGE, WHEAT RIDGE AREA INF ORMATIO N Schedule: 022128 Parcel ID: 39- 261 -00 -248 Print Hela Status: Active Property Type: Residential Property Address: 06901 W 32ND AVE ownerlV WHEAT RIDGE CO 80033 6253 IBRUNGER DEBORAH L Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 2405 - BARTHS, COULEHAN GRANGE, WHEAT R 7013 2 250 0 000 3608 2582 GENERAL INFORMATION Schedule: 021876 Parcel ID: 39- 264 -01 -053 Print Heip Status: Active Property Type: Residential Property Address: 06900 W 32ND AVE I., Owner Name(s) WHEAT RIDGE CO 80033 6259 STOVER VINCENT Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 2405 7013 2250 0000 3608 BARTHS, COULEHAN GRANGE, WHEAT GENERAL INFORMATION Schedule: 022683 Parcel ID: 39- 264 -01 -054 Print Help Status: Active Property Type: Residential Property Address: 06930 W 32ND AVE WHEAT RIDGE CO 80033 6259 YOUNG ERIK ERIK A KIENTIZ Mailing Address: SAME ADDRESS AS PROPERTY YOUNG Neighborhood: 2405 - BARTHS, COULEHAN GRANGE, WHEAT RID 7013 2250 0000 3608 2612 INFORMATION GENERAL Schedule: 104704 Parcel ID: 39- 264 -01 -051 Print Heln Status: Active Property Type: Residential Property Address: 03100 QUAY ST Owner Name(s) WHEAT RIDGE CO 80033 BLACK MAY JOY Mailing Address: SAME ADDRESS AS PROPERTY 7013 2250 0000 3608 2599 Neighborhood: 2405 - BARTHS, COULEHAN GRANGE, WHEAT. __ - _ -- 2605 060 W :1 R 1 3Av aNZC 10990 QZZEO 0�1 06890 ..... ............... ................ .. ..... . 09990 00690 ot?990 09690 o nv (D u) * u ' •*ioK my ~� m n� �' 1 �0 r M H D � Im � (o r m ( D 2) C W m - O - D co O m r• �' 3 * N � .. p fll H o H H M to x 0� D 0 0 0 5 :: 6 r v O 5' m Z rn c i> 3_� o z D r 0 - 2 �- (v a ?� n ° z u m o D m"a m O n * O ?( — 7 ° H _ @ m N O m z O .. 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