HomeMy WebLinkAboutWA-10-05City of
Wheat ridge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 P: 303.235.2857
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 38
Momingside Drive referenced as Case No. WA -10 -05 /Cooke; 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 registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a 7.5' side setback variance to the 15' required
side setback in an R -1 zone district (Case No. WA -10 -05 /Cooke) is granted for the property
located at 38 Morningside Drive, based on the following findings of fact:
1. The request would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property.
3. There are unique circumstances due to the location of existing improvements on the property.
4. The request would not be detrimental to public welfare and would not be injurious to neighboring
property or improvements.
5. The hardship was not created by the applicant.
6. There have been no protests submitted during the ten -day public notification period.
With the following conditions:
1. The materials for the front facade of the proposed carport be similar to those used for the house.
2. The existing shed on the south side of the property be removed.
7—kc(—I o
Date
Community Development Director
www.d.wheatridge.co.us
City of
� W heatl ge
COM MUNm( DEVELOPMENT
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
To: Case File CASE MANAGER: Meredith Reckert
CASE NO. & NAME: WA -10 -05 /Cooke I DATE: July 13, 2010
ACTION REQUESTED: Approval of a 7.5' side setback variance to the 15' side yard
setback in an R -1 zone district
LOCATION OF REQUEST:
28 Momingside Drive
APPLICANT (S):
Thomas Cooke
OWNER (S):
Thomas and Barbara Cooke
APPROXIMATE AREA:
15,800 square feet
PRESENT ZONING:
Residential -One (R -1)
PRESENT LAND USE:
Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Administrative Review ]
WA -10 -05 /Cooke
All notification and posting requirements have been met; therefore, an administrative
decision may be made on this request.
I. REQUEST
The applicant is requesting approval of a variance request for construction of an attached
carport in an R -1 zone district.
The specific request is for approval of 7.5' side yard setback variance to the 15' side yard
setback in an R -1 zone. The purpose of the variance is for construction of a 178 square
foot attached carport 7.5' from the side property line. (Exhibit 1, Responses to Evaluation
Criteria)
Section 26 -115.0 (Variances and Waivers) of the Wheat Ridge City Code allows that the
Director of Community Development (Director) may grant administrative variances from
the strict application of the zoning district development standards. Administrative
variances are allowed for up to 50% of the development standard. All other development
standards have been met.
II. CASE ANALYSIS
The applicant, Thomas Cooke, is requesting the variance as the property owner of 28
Morningside Drive. The applicant has indicated that he would like the carport addition to
provide on -site parking for his collectible car which he currently stores off the property.
The applicant would like to locate the carport as attached to the existing garage for
attached to the house utilizing an existing concrete that runs along the south side of the
house. (Exhibit 2, ILC)
The property is located on the east side of Morningside Drive and is approximately
15,800 s.f in size. It is zoned R -1, a zone district established to provide high quality,
safe, quiet and stable low- density residential neighborhoods, and to prohibit activities of
any nature which are incompatible with the low- density residential character. The
property was platted as part of the Paramount Heights, Part Four, Subdivision approved
in 1955.
There is an existing single family ranch -style home on the property which was built in
1959 with an approximate footprint of 2600 square feet. A detached structure with a 600
square foot footprint is in the rear yard and serves as the owner's woodworking shop. A
small shed is located on a paved area on the south side of the garage and will be removed
if the variance is granted and carport built. The property currently has an attached two
car garage to which the carport will be connected. The R -1 zone district standards allow
lot coverage of 25 %. The existing lot coverage with shed is 21 %. The proposed lot
coverage if the carport is built and shed removed will be 21.4 %.
Administrative Review
WA -10 -05 /Cooke
The home is made of painted brick with "weeping mortar ". The applicant has indicated
that since the carport will be attached to the existing house, he will construct the front
fagade of the carport addition with materials to match the house. An elevation of the
proposed carport has not been submitted. A 6' high gate runs from the edge of the
existing garage to the southern property line. The carport would be located behind the
gate.
The property is fairly regular in shape and park -like in appearance due to substantial
landscaping with numerous flower beds and mature trees in the back yard. (Exhibit 3,
Site photos) The existing house is set back 30' from the front property line with side yard
setbacks of 22' on the north side and 18' on the south side. While there is adequate room
to extend the existing driveway on the south side of the garage to a new freestanding
garage or carport in the rear, it would require the removal of several large trees and
landscaped beds. It is questionable whether there would be adequate turning radii due to
the location of the existing shop structure and the house.
There would be room to build a new driveway on the north side of the house to access a
freestanding garage or carport in the rear but it would also require removal of a large tree.
Because a new driveway would be required to access the rear, it could negatively impact
the aesthetics of the property due to the large amount of hard surfacing in the front yard.
(Exhibit 4, Aerial photo with buildable area)
No objections were received from the neighbors in response to the noticing. The property
owner to the south who is most impacted submitted a letter of support. (Exhibit 5, Letter
from neighbor)
III. VARIANCE CRITERIA
In order to authorize an administrative variance, the 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.
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.
The property could still be used as a single family residence without the need for
a variance but it would preclude construction of an attached carport in the most
logical location.
Staff finds that this criterion has not been met.
2. The variance would not alter the essential character of the locality.
Administrative Review
WA -10 -05 /Cooke
The variance would not alter the essential character of the locality. While the
garage would be setback only 7.5' from the side lot line, it will be mostly
obscured by the existing gate and fence in the driveway.
Staff finds that 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.
This project represents a substantial investment in the property. There is currently
a two car garage on the property; however, it is not unusual for contemporary
home buyers to desire additional covered parking.
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 physical improvements on the property represent a hardship due to the
location of the existing house and amount of impact that would occur if the
carport is built meeting the required setbacks. Although there is room in the
backyard, the removal of landsdcaped beds and mature trees makes this an
unattractive scenario for the owner which could negatively affect the aesthetics of
the neighborhood. It is questionable whether there would be adequate turning
radius due to location of existing structures on the property.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
The hardship was created by a person not currently having an interest in the
property. When the property was purchased by Mr. and Mrs. Cooke the mature
trees in the back yard were already in place.
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 the danger of fire or endangering the public safety, or
Administrative Review
WA -10 -05 /Cooke
substantially diminishing or impairing property values within the
neighborhood.
Construction of the attached carport at the proposed location 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 increase the danger of fire.
The request would not be detrimental to public welfare and would not be injurious
to neighboring property or improvements.
There are alternative locations where a garage could be constructed that would
meet setbacks but could negatively impact the aesthetics of the property due to the
large amount of additional paving that would be required and the removal
landscaping and several large trees.
Staff finds that 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.
This is a very desirable neighborhood in the City of Wheat Ridge with well
maintained homes of the same vintage and mature landscaping. Again,
construction of the carport meeting setbacks would have a negative impact on the
aesthetics of the area.
Staff finds that this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single family dwellings are not subject to accessibility requirements.
Staff finds that 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,
Single family dwellings are not subject to the requirements of the ASDM.
This criterion is not applicable.
1V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the review criteria, staff
recommends approval of the variance request. Staff has concluded that while a carport
could be built meeting the required setbacks, there would be negative consequences due
Administrative Review
WA -10 -05 /Cooke
to an increase in impervious area, reduction of landscaping and removal of mature trees.
It is questionable whether there would be adequate room for access given the location of
structures on the property.
Therefore, staff recommends APPROVAL for the following reasons:
1. The request would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property.
3. There are unique circumstances due to the location of existing improvements
on the property.
4. The request would not be detrimental to public welfare and would not be
injurious to neighboring property or improvements.
5. The hardship was not created by the applicant.
6. There have been no protests submitted during the ten -day public notification
period.
With the following conditions:
1. The materials for the front fagade of the proposed carport be similar to those
used for the house.
2. The existing shed on the south side of the property be removed.
Administrative Review
WA -10 -05 /Cooke
Thomas and Barbara Cooke
Side setback variance for attached carport
28 Morningside Drive
Answers to evaluation criteria -
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.
Due to the layout and improvements to our property, we would not be able
to build an attached carport as desired.
2. The variance would not alter the essential character of the locality.
The variance would not in any way devalue our property or impact the
character of the area.
3. The applicant is proposing a substantial investment in the property
with this application, which would not be possible without the
variance.
The investment would not only raise the value, it also will enhance the
appearance of our property. It may make the property more marketable to
have additional parking when it comes time to sell.
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.
If the variance is not approved, it will require us to park at least one
vehicle uncovered in the driveway. We have a lot invested in our vehicles
and the additional carport would ensure protection of all of them.
My wife has numerous flower beds which may have to be removed to
build a carport if the variance isn't granted.
5. The alleged difficulty or hardship has not been created by any
person presently having an interest in the property.
No.
EXHIBIT I
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 the danger of fire or
endangering the public safety, or substantially diminishing or
impairing property values within the neighborhood.
There will be no negative impact to the neighborhood. The carport will be
located behind a privacy gate so it will not be visible. The neighbor to the
south does not protest the request.
7. The unusual circumstances or conditions necessitating the variance
request are present in the neighborhood and are not unique to the
property.
Most existing homes in the area have two car garages. Scrapes and
home additions to houses in the neighborhood all have three car garages.
8. Granting of the variance would result in a reasonable
accommodation of a person with disabilities.
N/A
The application is in substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
N/A
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Front of house — south side
Front of house
Front of house — north end
North side of house
North side of house
Rear of yard — north end
Rear of yard - middle
Rear of yard - middle
Rear of yard — south end
Work shop in rear yard — south end
Shed on south side to be removed
Proposed location of carport
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EXHIBIT 5
POSTING CERTIFICATION
CASE NO. AJA — /0 ° 6
DEADLINE FOR WRITTEN COMMENTS:
(name)
residing at
(address)
as the applicant for Case No. W A (U — 6 hereby certify that I have posted the sign for
Public Notice at ,, g�` /;/
(location)
on this j day of 20 / , 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: U
NOTE: This form must be submitted to the Community Development Department for this case
W 30TH AV
and will be placed in the applicant's case file.
�4AcA-0s /Note. �J��a7u 711- 7 11a -/io 7
COOKETHOMASL
COOKE BARBARA M
28 MORNINGSIDE DR
WHEAT RIDGE CO 80215
7010 0290 0001 3035
3240
FOREMAN WILLIAM T
MORGAN LINDA
30 MORNINGSIDE DR
WHEAT RIDGE CO 80215
7010 0290 0001 3035
3233
SHANKLE KIMBERLY
REICHERT CHRISTOPHER
26 MORNINGSIDE DR
WHEAT RIDGE CO 80215
7010 0290 0001 3035
3226
PESTONATTO ANTHONY
WALKOSZ BARBARA J
37 HILLSIDE DR
WHEAT RIDGE CO 80215
7010 0290 0001 3035
3219
NASH BARBARA L
SCHAFER SUSAN P
35 HILLSIDE DR
WHEAT RIDGE CO 80215
7010 029D 0001 3035
3202
MC DERMOTT DANIEL S
MC DERMONT JOAN M
29 MORNINGSIDE DR
WHEAT RIDGE CO 80215
7010 0290 0001 3035
3196
KNOEBEL RONALD C
LIVINGSTON ADA A PERSONAL REP
KNOEBEL CYNTHIA L
27 MORNINGSIDE DR
WHEAT RIDGE CO 80215
701 0290 0001 3035
3189
39- 284 -07 -006
39- 284 -07 -005
39- 284 -07 -007
39- 284 -07 -012
39- 284 -07 -011
39- 284 -06 -013
39- 284 -06 -012
�/�- City of
o Wheat7idge
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
July 1, 2010
Dear Property Owner:
This is to inform you of Case No. WA- 10 -05, a request for approval of a 7.5 foot
variance to the 15 foot side yard setback requirement on property zoned
Residential -One (R -1) and located at 28 Morningside Drive.
The applicant for this case is requesting an administrative variance review which
allows no more than a fifty percent (50 %) variance to be granted by the Zoning
Administrator without need for a public hearing. Prior to the rendering of a
decision, all adiacent property owners are required to be notified of the request
by certified mail.
If you have any questions, please contact the Planning Division at 303 - 235 -2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on July 12, 2010.
Thank you.
WA1005.doc
www.ci.wheatridge.co.us
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
PARCEULOT BOUNDARY
(DESIGNATES OWNERSHIP)
SE 28
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
2 100 -YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
0 I00 200 fi O 400 Fret
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4
DEPARTMENT OF MAP ADOPTED: June 15, 1994
°�oaoo PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
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( Property iI
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1 OF 21 Next
Page 1 of 2
GENERAL INFORMATION
Schedule: 048352 Parcel ID: 39- 284 -07 -006 Print Help
Status: Active Property Type: Residential
Property Address: 00028 MORNINGSIDE DR Owner Name(s)
WHEAT RIDGE CO 80215 COOKE THOMAS L
Mailing Address: SAME ADDRESS AS PROPERTY COOKE BARBARA M
Neighborhood: 2404 - APPLEWOOD KNOLLS, PARAMOUNT HEIGHTS
PROPERTY DESCRIPTION
c v.d�.dc;nn M.— 97QJnn - PAR AM(NINT HFT(;HTS PART 4
Block
Lot
Key
Section
Township
Range Quartersection
Land Sqft
014
0013
BSMT BEDROOM
28
3
69
18593
Total
118593
Assessor Parcel Maps Associated with Schedule
map39- 284.pdf
PROPERTYINVENTORY
Property Type RESID
Design: Raised Ranch
Item
Quality
No.
FULL BATH
Good
1
3FIX -3/4 BATH
Good
2
BSMT BEDROOM
IDeath Certificate
2
MAIN FIREPLCE
Good
1
MAIN BEDROOM
Good
2
EVAP COOLER
1
Adjustment Code
Adjustment SgFt
HOT WTR HEAT
1500
BSMT HOT WTR
1500
WOOD SHAKES
12603
Sale Date
Sale Amount
IDeed Type
Reception
02 -28 -1991
1 135,000
lWarranty Deed - Joint Tenancy
91017463
03 -04 -1991
1 0
IDeath Certificate
ICONVER01
Year Built: 1959
Improvement Number:
Graphic Parcel Mao Ma DOuest Location
Adjusted Year Built: 1959
Areas
Quality
Construction
Sqft
FIRST FLOOR
Good
M
1500
BSMT TOTAL
Good
WHEAT RIDGE
1500
COVERED PORCH
Good
200
ATTACH GARAGE
Good
M
504
BSMT FINISHED
Good
900
ENCLOSD PORCH
Good
399
RES BLDG /SHED
F
600
4 �
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INFORMATION
2010 Payable 2011
Actual Value
Total
348,630
3130
Assessed Value
Total
27,760
2009 Payable 2010
WHEAT RIDGE
Actual Value
Total
348,630
REGIONAL TRANSPORTATION DIST.
TBA
View Mill Levy Detail For Year
20'
2010 Mill Levy Information
Taz District
3130
County
TBA
School
TBA
WHEAT RIDGE
TBA
N. W. LAKEWOOD S. DIST.
TBA
REGIONAL TRANSPORTATION DIST.
TBA
T 2009
W
f �
M
http: / /www.co. jefferson. co .us /ats /displaygencral.do ?sch= 048352 &offset =0 7/13/2010
Property appraisal system
Assessed Value
Total 27,760
Treasurer Information
URBAN DRAINAGE &FLOOD CONT DIST
TBA
URBAN DRAINAGE &FLOOD C SOYLAT
I TBA
WHEATRIDGE FIRE DIST.
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City
Contact
E CASE PROCESSING APPLICATION
Community Development Department
0 West 29t Avenue, Wheat Ridge, CO 80033
Phone (303) 235 -2846
(Please print or type all information)
2
Zip
Address
Phone
State Zip
Address
Phone
City State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address):
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
❑ Change of zone or zone conditions ❑ Special Use Permit
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
• Lot Line Adjustment ❑ Right of Way Vacation
• Planned Building Group ❑ Temporary, Use, Building, Sign
• Site Development Plan approval / ArVariance /Waiver (from Section )
• Other:
Detailed description of request: 7, -C �� � 4' S & `\ !/
Required information:
Assessors Parcel Numbe
Current Zoning:
Current Use:
Size of Lot (acres or square footage):
Proposed Zoning:
Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power -of- attorney frol t the owner which approved of this action on his behalf.
Signature of
p
of Lyv� , 20 /d
expires S /7 /a /V -
To be filled out by staff:
V
Qa
Date received /' /� r / 0 Fee $ Receipt N '�, E& 17 Case No. VV N - 10 — dS
Comp Plan Desig. Zoning Quarter Section Map
Related Case No. Pre -App Mtg. Date Case Manager le-, / Z
Owner S- ke-;,efff—
I
Status Open
CITY OF UREAT RIDGE
06/28/10 2:20 PM cdba
Thomas Cooke
RECEIPT NO:CDA004617 AMOUNT
FMSD ZONING APPLICATION F 208.00
zone
PAYMENT RECEIVED AMOUNT
CK 4431 200.00
TOTAL 200.00
City or
pidge
Wheat mmuNIT'
LAND USE APPLICATION FORM
Co DEVEMPMEW
'., Case No. Date Received
-.- 6/28120101 Related Cases Case Planner
Reckert - _
'.. Case Description
7.511 side yard setback variance
i
�'.. Apyh carNln/e�afier
Name Thomas L. Cooke Name I
! Phone F303)2331590
_ _ _�
�'. Address 28 Morningside Dr '. City
Wheat Ridge _ Slate CO Zip 80215 _ - '
Name ThomasL.,Cooke Name
Phone 03031233 1590
Address 28 Ewmngside Dr '; , City
_ - - j
Wheat Ridge ! State CO 1 Zip
Cwrf"IWA Awf w
Name Thomas L Cooke Name
F Phone [303] P331590
,..
Address 28 Morningside Dr City
Wheat Ridge State Co Zip 80215- j
', Pro%ecf /ie%avafion
i '. Address 28 _ _ Street Morningside Drive City Wheat_Ridg State CO Zip
Location Description
.Project Name
Parcel No. 138-284-07-006 _I Qtr
Section: SE28 Distrct No II
'. Bevk�rs
Pre -App Date Neighborhood Meeting Date F App No:
ReviMJ' Oe ,. - > s ' Re�iir;w Body �" Rav�ew Date: Disposticn ,�" s" �+a `�'Ca menu r Nti °r y , Repot�k,
'M+'
Review r. Adman ..,..
_ -
r '
'' Oiape�Jfima
Case Disposition= Disposition Dale
Conditions of Approval
Notes
I
Status Open
CITY OF UREAT RIDGE
06/28/10 2:20 PM cdba
Thomas Cooke
RECEIPT NO:CDA004617 AMOUNT
FMSD ZONING APPLICATION F 208.00
zone
PAYMENT RECEIVED AMOUNT
CK 4431 200.00
TOTAL 200.00