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HomeMy WebLinkAboutWA-14-13Ana City of Wh6at IRKmmuNiTy DEVELOPM"F 91 C City of Wbeat Ridge Municipal Building 7500 W, 29' Ave, Wbeat Ridge, CO 80033-8001 P: 303,235,2846 F: 3012352857 August 29, 2014 Dear Mr. Miller: Enclosed please find a copy of the Approval of Variance and the staff report, All variance approvals automatically expire within 180 days of the approval date unless a building pennit for the variance is obtained within such period of time. The expiration date for this variance approval is February 24, 2015 If you have not done so already, please remove the posting signs associated with this case from the property. Please feel free to contact me at (303) 235-2846 if you have any questionj Enclosure: Approval of Variance and Staff Report Cc: WA-14-13 (case file) www.d.wheatridge.coms City of _ Wh6atP N Ldg e CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: August 28, 2014 CASE MANAGER: Meredith Reckert CASE NO. & NAME: WA -14- 13/6801 W. 32 Avenue ACTION REQUESTED: Request for approval of a 2' rear setback variance and a 12' side setback variance on property located at 6801 -03 W. 32 Avenue and zoned Residential -Two (R -2) for construction of a detached garage LOCATION: 6801 -03 W. 32 Avenue APPLICANT(S): Merrill Miner OWNER(S): Ruth Yamauchi, Kimiko Gustafson and Brendan Gustafson APPROXIMATE AREA: 12,850 square feet PRESENT ZONING: Residential -Two (R -2) PRESENT LAND USE: Two - Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map M .� r � WTI L r, Site Location Administrative Variance Case No. WA -14 -13 / 6801 W. 32 " d Avenue All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. The applicant is requesting approval of a 2' rear setback variance and a 12' side yard setback variance adjacent to a street to allow construction of a detached garage on property at 6801-03 W. 32 "d Avenue. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications 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, Merrill Miller, is requesting two variances as the contractor for the property owners of 6801 - 03 W. 32 "13 Avenue in order to build a detached garage. The property is located at the northwest comer of 32 "d and Pierce Street. (Exhibit 1, Aerial), The lot has an area of 12,850 square feet and currently contains a two-family dwelling. The property is zoned Residential-Two (R-2), a zoning which provides high quality, safe, quiet and stable low to moderate density residential neighborhoods, The property is embedded in a residential neighborhood, The parcels surrounding it are all zoned R-2 and are a mix of single and two family residential dwellings, (Exhibit 2 — Zoning). On the property is a 2677 square foot two family dwelling built in 1972. The property has access off of 32 " Avenue via a horseshoe drive. The two dwellings are separated by two single car garages. There is also a concrete parking pad that extends north from 32 Avenue and runs along the western side of the western unit. A 6' high solid wooden fence encompasses the rear yard and the side yard adjacent to Pierce Street. (ExItibit 3, ILQ Because the property is a comer lot, the yards appurtenant to the streets have larger setbacks. The minimum required setback adjacent to a public street is 25'. The house was built with 29.4' and 39.3' setbacks from 32 "d and Pierce, respectively, leaving few options for new construction. The proposed garage would be constructed in the northeast comer of the property, have access f rom Pierce Street and would measure 20' x 24' or 480 square feet, In the R-2 zone district, up to 1 0oo s f o f detached garage space is allowed per unit. The garage would be 10' tall at rnid-roof, Administrative Variance 2 CaseNo, 1YA-14-1316801 TV32nd Required setbacks for the garage would be 25' from both Pierce and 32"' and 5' rear and 5' internal side setbacks. The requested variances would be for a 2' setback variance from the north (rear) and a 12' variance from Pierce Street resulting in a 3' setback on the north and a 13' setback from the east. The following chart compares the existing and proposed conditions to the R-2 zone districts regulations. 11 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 of the City Code have been met. Staff provides the following review and analysis of the variance criteria. The applicant's response to the criteria is attached, (Exhibit 5, ap , phi ccant 's responses) 1. The property in question would not yield a reasonable return in use, service or income permitted to be used only under the conditions allowed by regulation for the district in which it is located. i If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a two-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, A number of homes in the neighborhood have detached garages, similar in size and character to the proposed detached garage, The homes consist of a variety of styles and vintage. The home directly to the west is Craftsman bungalow built in 1923. The property on the east side of Pierce is a duplex built in the early 2000's. The proposed detached garage would not alter the character of the area. Administrative Variance CaseAlo, WA-14-1316801 W32nd During the public notification period no comments were received from the surrounding property owners. 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. Construction of the garage would be a substantial investment in the property. The front of the property and side yard adjacent to Pierce are encumbered with required setbacks leaving insufficient room in the rear yard for a garage. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the speeiric 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 lot is regularly shaped and has no topographic conditions that create a unique hardship. However, the property is a comer lot which allows limited options for additional covered s parking meeting permitted setbacks. There are limitation on street parking due to the arterial status of 32 Avenue. Staff finds this criterion has not been met, ��hc alleged difficulty or hardship has not been creaLSL�A # # (Alwk Ullyg The limits on the existing building were not created by the applicant, but were present in the property before being purchased. Staff finds this criterion has been met. It is unlikely that the request would impair property values in the neighborhood. Administrative Variance CaseXo. TVA-14-1316801 W32nd 4 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. All residential properties located on the City's arterials have limited on-street parking. Many of these properties were built years ago and are lacking the amount of covered parking expected by today's contemporary suburban home buyers. Staff finds that this criterion has been met. S. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single t'arnily homes are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not __.=licable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manuat The Architectural and Site Design Manual does not apply to single family dwelling units. Staff finds this criterion is MnoLtapplicable. With the following conditions: Administrative Variamw Case No. WA-14-1316801 W32nd I . The design and location of the attached garage shall be consistent with the attached exhibits. 2. A building permit shall be obtained prior to installation of the proposed garage, with a required separation in habitable space and garage space for the structure. 3. The first 25' of the driveway connecting the garage to Pierce Street be hard surfaced paved. t' 'IV Kenneth Johnstone, Direr r of Community Development Administrative Variance CaseNo. 9'4-14-1316801 W32nd 6 EXHIBIT 1: AERIAL . r �►, t ., Y. y U !, s Nk e' :t Site i e AAA, 1 �e r v*l- cam\.. L Administrative Variance Case No. WA- 14- 1316801 W.32nd t EXHIBIT 2: ZONING Administrative Variance Case No. WA- 14- 1316801 W.32nd A EXHIBIT 3: ILC 1 -- 25 AIXIRE MCRE55 y tm 01 Y t� .w , LAND S U R Y E Y I N G 1 54W WARD RIM::. SUM 1 y �' A--rA CO:f.7A.01' W1? Cana> azh476B I rfe:rx N7 inn CEf+T1 F,SATT LEGA ffrFA C 1F R xi -PTIdN �I 6EI ATTA"I ; L WA I Tl5[RIPtIpI f fiwxr�wll�wJ Lllfwn!•bw'4 � N •i Mw h.-1 .f U 1111.Ir l�di�+nanb , 1 Garage location Administrative Variance Case No. WA- 14- 1316801 W.32nd 9 -- 25 _ Ira wr Inun G' -•. - .�i 1 WY.JQW CMrCrrs� p y �' . - -t f t��f as• — . • _ TAW-- Boom 1 IM In. M'I ww. i2F AR.wi Garage location Administrative Variance Case No. WA- 14- 1316801 W.32nd 9 EXHIBIT 4: SITE PHOTOGRAPHS f' I, k �Y Y� Administrative Variance Case No. WA- 14- 1316801 W.32nd View of Pierce Street frontage View of intersection and front yard of property ff F ew of front d and existing e -car garages View of Pierce Street frontage Administrative Variance Case No. WA- 14- 1316801 W.32nd 6801 W32,ndAve. ,R) The garage will be compatible with eNisting struciures, Paint, roof, etc of the proposed garage will n1atch the existing h iius e D) YES,Sev q1jestion"A" Administrative Mariance Case No, TIA-14-1316801 W 32 d 12 Administrative Variance Case No. GfWA -14 -131 111 3 32nd 13 0 W City of h6atP,jAc (as required pursuant to Cod Section 26-109.D) This is an administrative variance review with a 10-day posting period. Public comments concerning this request are due in writing by 5:00 p.m. on August 22, 2014. I Administrative Assistant, hereby certify that I mailed a total of ♦ letters #n. d # o the attached recipient list. - - City of Wheat R id le 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 LETTER NOTICE August 13, 2014 Dear Property Owner: This is to inform you of Case No. WA- 14 -13, a request for a 2 -foot side setback variance (40 %) from the 5 -foot requirement resulting in a 3 -foot side setback and a 12 -foot side setback (48 %) from the 25 -foot requirement resulting in a 13 -foot side setback to construct a garage in the R -2 zone district at property located at 6801 W. 32 Ave. The attached aerial photo identifies the location of the variance request. The applicant for this case is requesting an administrative variance review which allows no more than a fifty percent (50 %) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adiacent uroaerty owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303 - 235 -2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on August 22, 2014. Thank you. WAI413.doc %% %% heatridke.co.us Site Plan A request for a 2 -foot side setback variance (40 %) from the 5 -foot requirement resulting in a 3 -foot side setback and a 12 -foot side setback (48 %) from the 25 -foot requirement resulting in a 13 -foot side setback to construct a garage in the R -2 zone district at property located at 6801 W. 32 Ave. Site A 1 I 1 Proposed detached garage IA5111 f �t vaWtMct UA JILS " • Jjl� / t .) r te• � .� / f S• �• Oak' i IMIAD f fr ��ff t ' /Z £0 i 4990 a�ay4 s: _I U i117 s G 49690 06690 ObOLO i 4 ' 1,011 Oi?990 09990 52990 9999E 99990 LU SG190 c M 017L90 09190 OLL90 M ZLL90 9£L90 L9L90 96L90 04890 £h99G ,a N o N N c p r O C IZ65G .r �A ui N i j N C_ M 29890 004£0 G` i If> f . r ti C.J 00690 r� r? CD N N O N_ G 0£690 J ti _v 09690 jS 37��1. f o 00 c, ° m o a � f -r 0338 - v M r4 CO (L I� Ott890 69890 a�ay4 s: _I U i117 s G 49690 06690 ObOLO i 4 ' 1,011 Oi?990 09990 52990 9999E 99990 LU SG190 c M 017L90 09190 OLL90 M ZLL90 9£L90 L9L90 96L90 04890 OD_ c p r O C IZ65G lit ��U M 29890 004£0 i s .kvno f . r - 00690 0£690 J ti _v 09690 f o 00 c, ° m o a Eq L IS 0338 ���I�p YAMAUCHI RUTH Y GUSTAFSON KIMIKO SACHIA GUSTAFSON BRENDAN JOHN 6803 W 32 ND' AVE WHEAT RfDGE CO 80033 MARTINEZ RITA E 6820 W 32 ID AVE ZELL RICHARD P BELL ANNE C 6800 W 32 ND AVE FklM� �- JEFFREY ROBERT A 3225 PIERCE ST WHEAT RIDGE CO 80033 NEWMAN TRACIE 4202 N 47 ST PHOENIX AZ 85018 SLATTERY THOMAS M SLATTERY ELAINE F 6869 W 32 ND' AVE WHEAT RIDGE CO 80033 B) The garage will be compatible with existing structures. Paint, roof, etc of the proposed garage will match the existing house. MM am 2= G) The proposed garage is similar to other existing garages which have been built in the same neighborhood DATE LA, GARAGES, INC 9526lias"'I 63" Ave7iue BV R,righton, CC 80602 GARAZE DESIGN 303-944-4091 I m 0 �\ # \ 2 u ./ ° r. ll � w ( ] [ \ / \ z � z 2 @ @2 �z \� u% a a § /� a LLJ \ \ E- a P § § § � e § �_ o z w \ > + 0 � §§ � \ \j \ } w 2 \4 4 ° J � I \§ ) ) ®\§ ))k J & E|% )k\ e ) EI } \)\ _R 231m # eI \ .17 7 n � \ . , � � � � �! � 7 �} } -- ........_.. \ — - -- ..- - -g j 4m i u )f $ / 5 a) i =2: 2 �_! \\ /\ = = o> )G0� au , «ee� cu 2== £ f 2� 3= � § _ � � \ E fp . 1{ £ fp $a \0 ± 22 ( / ± °\ ¥ [ / E g / § E » § = t 2e§§ \K -t \ka\ o§t E { b {5 U) ,E ( ( / E2 / b.E CL N C d' m o m C) w z o c U. Ln [` a F cc W qq 0 U Q Z Z O 0.. 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Omit Year: Tax -Ex Year: aem Year; Mine Year. Ex -Tax Year. Prior Year Assessed Valuations " Field A. B. HOE01 C: D: EIN Number; Location of request (address): n 6 ) Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checkfistsJor complete application requirements, incomplete applications W/I not be accepted. 0 Change of 7-one or zone conditions 0 Special Use Permit 0 Subdivision: Minor (5 lots or less) Cl Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval Cl Temporary Use. Building, Sign 0 Lot Line Ad justment 0 Concept Plan approval -tkVarianceAVaivcr (from Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: Detailed description of , --I I - /I 't Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning:_ Proposed Zoning:_ Current Use: Proposed Use: I certib Chart the h?fin-mation and exhibits herenvith submitted are true and correct tt,) the best of in , knowledge and that in filing this application, / ani acting with the kno-vvledge and consent qI'those persons listed aboz e. without whose consent the requested action car nol lawfidlv be accomplished, Applicants other than owners must subinit the owner which approved qOhis action on his behajf.' Notarized Signature of Applicant 17 To be filled o y staff- S aw Ile ptNo. CaseNo. Date received, (Qpr-(4-! �z Quarter Section N Corap Plan 3 Related Case Pre-App Mtg, Case Mar A Of Vheat Ridge 46/4821 a; i CDBB WA-14-13 APP FEE CD60,18622 s E PAYMENT RECEIVED AMOUNT CHECK: 1196 HU TOT . .w ..00