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Home My WebLink AboutWA-10-06O� City of �Wheat�idge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 4021 Moore Street referenced as Case No. WA -10 -06 Garinger; and WHEREAS, City staff found basis for approval of the variance request, relying on criteria listed in Section 26 -115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26 -109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a 2' -4" foot variance from the 5 foot side setback requirement on property in the R- 1 B zone district (Case No. WA- 1 0-06/Garinger) is granted for the property located at 4021 Moore Street, based on the following findings of fact: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 4. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. 5. There have been no protests submitted during the ten -day public notification period. With the following conditions: 1. The carport will meet the required 10 foot rear yard setback as required by the R -1B zone - 7 ` ) -q - 1 & Date City of Wheat jjdge 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 Patricia Garinger 4021 Moore Street Wheat Ridge, CO 80033 RE: Variance Case No. WA -10 -06 Mrs. Garinger, Attached please find notice that your request for a variance of 2' -4" from the required side yard setback for a property in an R -1 B zone district was approved. The only condition is that the cat meet the required 10' rear setback. You are now able to apply for a building pennit to construct the carport. Please let me know if you have any questions. Sincerely, Sarah Showalter Planner II Cc: case file evww.ei.wheati idgexo.us CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Case File DATE: July 20, 2010 CASE MANAGER: Sarah Showalter CASE NO. & NAME: WA- 10- 06 /Garinger ACTION REQUESTED: Approval of a 2' -4" variance from the 5 foot side setback requirement on property located at 4021 Moore Street and zoned Residential One B (R -113). LOCATION OF REQUEST: 4021 Moore Street APPLICANT (S): OWNER (S): APPROXIMATE AREA: Patricia Garinger Patricia and James Garinger 8,018 Square Feet (.18 acres) PRESENT ZONING: PRESENT LAND USE: Residential One B (R -1B) Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Locat Site All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. I. REQUEST The applicant is requesting approval of a variance of 2' -4" (45 percent) from the required 5 foot side yard setback. The purpose of this variance is to allow for the construction of a two -car carport in the southwest corner of the lot, at the rear of the existing driveway. 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. Il. CASE ANALYSIS The applicant, Patricia Garinger, is requesting the variance as the property owner of 4021 Moore Street (Exhibit 1, ;Letter Request). The variance is being requested so that the applicant may construct a two -car carport in the southwest corner of the lot. The applicant would like to locate the carport at the rear of the existing driveway that runs along the south side of the lot. The driveway is approximately 10 feet wide where it intersects with Moore Street, and then expands to 20 feet in width at the rear of the property so that two vehicles can be parked on the paved surface (Exhibit 2, Aerial); The property is located on the west side of Moore Street, three lots south of W. 41 st Avenue. It is zoned R -1 B, 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 block is predominantly single - family homes with residential zoning. There are a couple of lots near the home with single - family use and agricultural zoning, which face Nelson Street (Exh"ibit 3, Zdn ngMap The property currently contains a one -story single - family home, approximately 1,500 square feet. There is no attached or detached garage on the property. The only other structure is a shed, located in the rear yard (Exhibit 4Stt� Photos). The area of the lot, 8,018 square feet, meets the minimum lot size for single - family dwellings in the R -113 zone district, which is 7,500 ft. The lot's width of 75 feet meets the 60 foot minimum lot width requirement. The R -1 B zone district requires a maximum lot coverage of 40 %. The current lot coverage is 16 %. With the proposed carport, which is 20' x 24' (480 SF), the lot coverage would be 22 %, well below the maximum 40 %. The R -1 B zoning requires a minimum 5 foot side setback for the carport. The applicant would like to construct the proposed car port at the end of the existing driveway, in between the south (side) property line and the existing shed (Exhibit 5, Site Plan):_ Due to the location of the existing shed on the property, which is bolted to a concrete pad, there is only about 23 feet between the shed and the south property line. Thus it is not possible to construct a carport that is 20 feet wide (to cover two cars) and meet the 5 foot required side setback without moving the existing shed. Even if the shed were relocated, the location of the existing paved drive would make it difficult to meet the 5 foot side setback since the carport would align with the existing driveway. It would be possible to construct a carport that meets the required side setback, however this would require moving the shed and the carport would not fully cover the two parked cars beneath it. Thus there is not another location that is logical and that could meet the side setback requirement. The location of the proposed carport is Administrative variance 2 Case No. WA- 10- 06IGaringer consistent with adjacent properties. The lot immediately north, 4061 Moore Street, has a detached garage that is also in the southwest comer of the lot (Exhtbtt 4, Site Phobos). The lot immediately south, 4001 Moore Street, has an attached carport at the southwest corner of the lot (Exhibit 4, Site Photos).', In addition, the lot that is two properties to the north of the subject property, at 4091 Moore Street, received a variance in 2003 (Case WA -03- 14) in order to construct a detached garage that is only 3 feet from the side property line. This is very similar to the proposed 2' -8" side setback that would result from the proposed variance at 4021 Moore St. During the public notification period no objections were received. One phone call was received from the owner of 4020 Moore Street to express support for the application. VARIANCE CRITERIA In order to approve an administrative adjustment, 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. The applicant has provided their analysis of the application's compliance with the variance criteria Xv*i'i 6). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable return in use. The property would still function as a single family residence regardless of the outcome of the variance request. Staff finds that this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the locality. The R -1B zoning for the site allows for accessory structures such as the proposed carport; and, as documented in the case analysis, adjacent properties have garages and carports in similar locations on their lots. The garage at 4091 Moore Street has only a 3 foot side setback, per an approved variance from Case WA- 03 -14. The carport will not be very visible from Moore Street since it would be at the back of the lot. The existing fence around the property would help screen potential visual impacts on adjacent properties. 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. The applicant is proposing a substantial investment in the property that may not be possible without the variance. Without a variance from the 5 foot side yard setback, due to the existing configuration of the driveway and shed, it would not be possible to construct a two -car carport without encroaching into the minimum side yard setback. Staff finds this criterion has been met. Administrative Variance Case No. WA- 10- 06IGaringer 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. There are no unique physical surroundings or topographical conditions. The lot size and configuration are not unique. Staff finds that this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The alleged hardship relates to the location of the existing driveway and shed. The owner /applicant purchased the home in 1984. At that time, the driveway and shed were already in place. Thus the difficulty of fitting the carport in given these existing conditions was not created by a person who currently has an interest in the property. Staff finds that 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 substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent property nor impair adequate supply of light and air to the adjacent property. Since the carport is intended to provide shelter for the two main vehicles that are already parked on site, it would not increase congestion in public streets. It should not increase the danger of fire. It is very unlikely that the request would have an impact on property values in the neighborhood. The Chief Building Official has confirmed that there are no building code issues or safety concerns with the carport being immediately adjacent to the existing shed since it is an open carport. 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. There are no unique or unusual circumstances present in the neighborhood that are also present on the property that necessitate the need for a variance. Staff finds that this criterion has not been met. Administrative variance Case No. WA- 10- 06/Garinger 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Staff finds that this criterion is not applicable. Single family dwellings are not subject to accessibility requirements. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Staff finds this criterion is not applicable as the variance request involves a detached garage for a single family dwelling. III. 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 found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 4. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. Administrative Variance Case No. WA- 10- 06IGartnger EXHIBIT 1: LETTER OF REQUEST June 14, 2010 The City of Wheat Ridge To Whom It May Concern: We are applying for a permit to build a carport. We have lived in Wheat Ridge for many years. We love our city, our neighborhood and especially our neighbors. Our neighbors have no objection to our building this carport. My husband has arthritis and CMT, I have MS. In the winter we cannot shovel our walks, we pay to have it done or our neighbors clear them for us. Cleaning off the vehicles is a major problem and we don't feel we want to impose on our neighbors to do that as well. The carport would afford us the ability to come and go without having to bother anyone. The carport we are proposing to build will cost between $3,500.00 and $4,000.00. We feel it will be an attractive structure and one that will be attractive to the neighborhood. The lighting system we will install will not only make our property safer but also our neighbors without annoying them. Your assistance in our receiving a permit will be very much appreciated. Thank you for considering our situation. S incerely, Patricia A Garinger v 4021 Moore St. Wheat Ridge, CO 80033 Administrative Variance 6 Case No. WA- 10- 06/Garinger administrative Variance Case No. u:5- 110- 06 1Garinger EXHIBIT 3-, ZONING Administraiive Variance Case No. W4- 10- 06 1'Garinger EXHIBIT 4: SITE PHOTOS Administrative Variance 9 Case No. W4- 10- 061(;aringer Existing paved area for parked ears and existing shed Proposed carport location Property immediately north (4061 Moore St): detached garage in southwest corner of lot Adreinistraiive Variance 10 CaseNo. WA- 10- 06 /Garinger Administrative Variance Case No. WA- 10- 06/Garinger Property immediately south (4001 Moore St): carport in southwest corner of lot EXHIBIT 5: SITE PLAN , 3! 2d� V o p os t) I I E f � 1 ` 5 1 Administrative Variance 12 Case No. WA- 10- 06/Garinger EXHIBIT 6: APPLICANT CRITERIA EVALUATION APRIL 27, 2010 CITY OF WHEAT RIDGE Community Development RE: VARIANCE FOR CONSTRUCTION OF A CARPORT TO BE LOCATED AT 4021 MOORE STREET, WHEAT RIDGE, CO 80033 VARIANCE CRITERIA FOR REVIEW A. THE ONLY USE FOR THE PROPOSED CARPORT WILL BE TO PROTECT AUTOMOBILES BELONGING TO THE HOME OWNERS AND WILL BE USED FOR NO OTHER PURPOSE. B THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY. THE CARPORT WILL BE AN OPEN - THROUGH WITH A ROOF ON SUPPORTS ON AN EXISTING CONCRETE PAD. C. THE PLANNED CARPORT WILL BE AN ASSET COSTING BETWEEN $3,500.00 AND $4,000.00, THE VARIANCE IS NEEDED TO PLACE STURDY AND ATTRACTIVE SUPPORTS AND ROOF CLOSER TO THE NEIGHBORS PROPERTY LINE THAN THE CURRENT CITY REGULATIONS ALLOW. THE NEIGHBOR IS IN AGREEMENT WITH BUILDING THE CARPORT. TT WILL BE WELL - LIGHTED WITH MOTION LIGHTS GIVING ADDED SAFETY TO BOTH YARDS AT NIGHT. D THE CARPORT IS NEEDED NOT ONLY TO PROTECT THE AUTOMOBILES OF THE OWNERS, BUT TO ASSIST IN NOT HAVING TO CLEAN OFF THE HEAVY SNOW, ONE OWNER HAS MULTIPLE SCLEROSIS THE OTHER ARTHRITIS AND CMT. E... THE OWNERS HAVE NOT CREATED THE HARDSHIP, MOTHER NATURE AND CIRCUMSTANCES HAS. F THE VARIANCE HAS THE APPROVAL OF NEIGHBORS. IT WILL BE OPEN AND LIGHTED AND WILL NOT OBSTRUCT ANY VIEWS G. CARPORTS ARE COMMON IN THIS JAMES AND PATRICIA GARINGER 303 -425 -7289 TATONKALTD @COMCAST.NET Administrative Variance 13 Case No. WA- 10- 06IGaringer I, �of WheatR�gge POSTING CERTIFICATION CASE NO. WA -10 -06 DEADLINE FOR WRITTEN COMMENTS: I, July 19, 2010 (name) residing at S- f (address) as the applicant for Case No./U - b� , hereby certify that I have posted the sign for Public Notice at 4021 Moore Street (location) on this P I ' / day of 20 ! D 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. Sign ature , )^ . NOTE: This form must be submitted to the COmmum evelopment Department or this case and will be placed in the applicant's case file. MAP W090 W05, W�9 W[60 =40 WO% MM =95 W70 WWO W A -.- /b '6 & /l7 ac / I- r GARINGER JAMES R GARINGER PATRICIA A PO BOX 1067 WHEAT RIDGE CO 80034 7010 0290 0001 3035 3257 V ERV ER TIMOTHY VERVER MELANIE 4061 MOORE ST WHEAT RIDGE CO 80033 4038 7010 0290 0001 3035 3264 SZESTYPALOW KATHERINE 4001 MOORE ST WHEAT RIDGE CO 80033 4038 7010 0290 0001 3035 3271 ROSE CARL C 513 AFFIRMED CT FORT COLLINS CO 80526 7010 0290 0001 3035 3288 WOOD DIANA M 4040 MOORE ST WHEAT RIDGE CO 80033 4039 7010 0290 0001 3035 3295 MARTINEZ DIEGO RUBEN MARTINEZ GERALDINE NANCY 4080 NELSON ST WHEAT RIDGE CO 80033 4045 7010 029 0001 3035 3301 HATHORNE HEATH E 4060 NELSON ST WHEAT RIDGE CO 80033 4045 7010 0290 0001 3035 3318 STERLING DEBORAH 12203 W 2ND PL 2 -205 DENVER CO 80228 1584 7010 0290 0001 3035 3325 39- 214 -10 -020 39- 214 -10 -021 39- 214 -10 -019 39- 214 -11 -012 39- 214 -11 -013 39- 214 -00 -020 39- 214 -00 -023 39- 214 -00 -024 Ao✓� kdba e 7 lL;- '7/i g 1i o J( L'2t17G1:CR'J \ 4 �s J4, P„ City of WheatRj oge 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 8, 2010 Dear Property Owner: This is to inform you of Case No. WA- 10 -06, a request for approval of a 2 foot 4 inch variance to the 5 foot side yard setback requirement resulting in a 2 foot 8 inch side yard setback on property zoned Residential -One B (R- 113) and located at 4021 Moore Street. 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 July 19, 2010. Thank you. WA1006.doc www.ei.wheatridge.eo.us NE 21 N 3 N NE 28 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - -- -- WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) al J:e SE 21 O IW 200 300 400 Feet N N 3 N L DEPARTMENT OF MAP ADOPTED: June 15, 1994 � °a " ° PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 m U ov v v m o L LO m o N COO (o O O o Q 0 CO o � O O O O Op O O O O Z m. (Dw ww t9. M M .a O ^ O co IM (fl 0 0 O7 O O IL LL W I. W OBZ - 8901 'OD 'dd3r linoo JOHN CV) O N O Co O r N O (o N O Lo N O N O N O N O N O O cq O O O Q O N O M O O r9 O ^ O W O CC O O G O O O CI O wails t�' aioow Ln c N O N O O O m O O O O O O O 4 O O cc W "uxdb d „ �}y >'di f M MO S , sx �� g 6` x �„�x�8, MU III -.., -. £ZZ-6L6 '00 'dd3r ,- 6bb'8£6 laoil u Q O N M m N mo N Q N N N O 00 N O m N Q Q N O CN O m 04 00 O ❑ m O U 6 U ap O m cb ^ m (O O Q (O O Q U) N N mo Q N N O co c N 0^0 N Q ^ N Q N m a0 NO � 0 0 m N Q O N NO u.. O ❑ N W O 0 Q Q •^- O O pp O O 00 •�- O O O i 0 4 ''1 {N,r� leai ca Q ° n M; M� ;g ue m co M o7 n n M(cc i I w� 2 V t N l� I / J �V . V 3 `rt \ T 1A V / J �V . �qpry ry / - v;at <��i " 7° June 14, 2010 The City of Wheat Ridge To Whom It May Concern We are applying for a permit to build a carport. We have lived in Wheat Ridge for many years. We love our city, our neighborhood and especially our neighbors. Our neighbors have no objection to our building this carport. My husband has arthritis and CMT, I have MS. In the winter we cannot shovel our walks, we pay to have it done or our neighbors clear them for us. Cleaning off the vehicles is a major problem and we don't feel we want to impose on our neighbors to do that as well. The carport would afford us the ability to come and go without having to bother anyone. The carport we are proposing to build will cost between $3,500.00 and $4,000.00. We feel it will be an attractive structure and one that will be attractive to the neighborhood. The lighting system we will install will not only make our property safer but also our neighbors without annoying them. Your assistance in our receiving a permit will be very much appreciated. Thank you for considering our situation. Serel inc Patricia A �Garinger 4021 Moore St. Wheat Ridge, CO 80033 v 3 , CI y of Wheat�idge COM MUNiTy DEVELOPMENT Memorandum TO: Ken Johnstone, Community Development Director � v FROM: Sarah Showalter, Planner II DATE: May 6, 2010 SUBJECT: Potential Administrative Variance for 4021 Moore Street The owner of the single family residence at 4021 Moore Street would like to construct a covered carport at the rear on an existing driveway. The owner is proposing a 2' -8" (2.667 feet) side yard setback for the structure, which is 2' -4" (2.25 feet) less than the 5 foot side setback required by the zoning regulations. Because the variance is 45% from the standard, an administrative variance process would apply. Prior to submitting a variance application and paying the $200 application fee, the owner has requested an initial analysis as to the likelihood of the administrative variance being approved. This memo contains a summary of the existing conditions and the applicant's proposal, as well as a brief analysis of how the proposal meets the variance criteria. After reviewing the memo, please provide input as to the likelihood of approval of a variance of 2.25 feet from the required 5 foot side yard setback. Summary of Existing Conditions and Proposal The property, located at 4021 Moore Street, is zoned Residential -One B (R -1 B). The lot has an area of 8,018 square feet and currently contains a one -story single - family home, as well as a shed located behind the home (please see the attached aerial). There are no building permits on file for the house or the shed. According to Jefferson County records, the house was constructed in 1958. The house does not contain an attached garage. There is a driveway to the south side of the home, which is accessed from Moore Street. The driveway is about 10 feet wide, and expands to 20 feet in width at the rear of the property so that two vehicles can be parked on the paved surface. The applicant would like to construct a 2 -car carport at the rear of the driveway. It would be 24 feet long and 20 feet wide (please see attached site plan and drawings). The 20 foot width is intended to cover the existing driveway /park area, which is wide enough for two cars . Due to the existing shed on the property, which is bolted to a concrete pad, there is only about 23 feet between the shed and the south side property line. Thus it is not possible to build a 20 -foot wide car port and meet the 5 foot required side setback without moving the existing shed. The area of the lot, 8,018 square feet, meets the minimum lot size for single - family dwellings in the R -1 B zone district, which is 7,500 ft. The lot's width of 75 feet meets the 60 foot minimum lot width requirement. The R -1B zone district requires a maximum lot coverage of 40 %. The current lot coverage is 16 %. With the proposed carport, which is 20' x 24' (480 SF), the lot coverage would be 22 %, well below the maximum 40 %. Variance Criteria The applicant submitted responses to the variance criteria, which are attached. Below is an initial an analysis of how each criterion is or is not met. 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. The property would still function as a single family residence regardless of the outcome of the variance request. Staff finds that this criterion has not been met. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the locality. The R-113 zoning for the site allows for accessory structures such as the proposed detached carport. Several homes on Moore Street, which are also zoned R -1B, have accessory structures in the rear of their property, including detached garages. The property directly to the north, 4061 Moore Street, has a legal nonconforming detached 2 -car garage in the southwest corner of the lot, which does not meet the minimum required side or rear setbacks. In 2003, a 3' variance to the side yard setback was approved for an accessory structure (case WA -03- 14) located at 4091 Moore Street, which is located two lots to the north of the subject property. Two other side yard setbacks were granted for properties located on the 4000 block of Miller Court (cases WA -75 -42 and WA- 83 -19), which is also zoned R -113 and is similar in character. The reduced side setback of 2.667 feet is adjacent to an existing fence that runs along the south property line. This would help mitigate any impacts to the neighbor to the south. Moreover, the applicant has spoken with this neighbor and they are supportive of the proposed carport. For most neighbors and visitors in the area, the carport will have a minimal visual impact since it is located at the rear of the lot. Staff finds that this criterion has been met. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property that may not be possible without the variance. Without a variance from the 5 foot side yard setback, due to the existing configuration of the driveway and shed, it would be very difficult to construct the carport without incurring the significant cost of relocating the existing shed. The applicant could potentially move the existing shed 2.667 feet to the north in order to fit the carport in and meet the 5 foot setback. This could be expensive, however, since it would require pouring a new concrete pad for the shed, as well as unbolting the shed so that it can be relocated. 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. There are no unique topographical conditions and the lot is not irregular, thus there is no unique hardship based on unique physical characteristics of the site. Staff finds that this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The alleged hardship relates to the location of an existing driveway and shed. The current owner /applicant purchased the home in 1984. At that time, the driveway and shed were already in place. Thus the difficulty of working around these existing conditions was not created by a person that currently has an interest in the property. Staff finds that this criterion has been met. 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. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent property nor impair adequate supply of light and air to the adjacent property. Since the carport is intended to provide shelter for the two main vehicles that are already parked on site, it would not increase congestion in public streets. It should not increase the danger of fire. It is unlikely that the request would have an impact on property values in the neighborhood. The Chief Building Official has confirmed that there are no building code issues or safety concerns with the carport being immediately adjacent to the existing shed since it is an open carport. Staff finds that this criterion has been met. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are no unique or unusual circumstances present in the neighborhood that are also present on the property that necessitate the need for a variance. 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. Staff finds that this criterion is not applicable. Single family dwellings are not subject to accessibility requirements. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Staff finds this criterion is not applicable as the variance request involves a detached garage for a single family dwelling. Based on an initial analysis, it appears that an application to allow a 2.25 foot variance from the required 5 foot side yard setback would meet a majority of the criteria. 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Pro ert Information GENERAL INFORMATION Schedule: 049039 Parcel ID: 39- 214 -10 -020 Print Help Status: Active Property Type: Residential Property Address: 04021 MOORE ST Owner Name(s) WHEAT RIDGE CO 80033 IGARINGER JAMES R Mailing Address: PO BOX 1067 ;GARINGER P A WHEAT RIDGE CO 80034 _ .� Neighborhood: 2403 - APPLEWOOD VILLAGES, PROSPECT VALLEY AREAS PROPERTY DESCRIPTION Subdivision Name: 831800 - WHEATRIDGE MANOR 3RD FLG PROPERTY INVENTORY Property Type RESID Design: Ranch Item FQ.alty No.; FULL BATH Average F1 MAIN BEDROOM'. ;2 Year Built: 1958 � Improvement Number: ' Areas ;Quality ,Construction Sqft FIRST FLOOR ;Average, 980 ATTACH GARAG E;Averagelm 281 Adjusted Year Built: 1958 SALE HISTORY Sale Date Sale Amount T ype 'Reception , 04 -02 -1971 18,7 001 r D - ee d : CONVER03 -- - 09 13 1976 ( 29 300 ................ .... ----- ......_ - ,CONVER02 12 -17 -1984 61,900 iCONVER01 '03 20 -1989 0 Quit Claim Deed Joint Tenancy 89026023 _........ ..._............ I ............... ...._...__.._ _ ._........ Mill Levy Detail For Year Mill Levy Information 3141 ;REGIONAL TRANSPORTATION DIST. TBA: URBAN DR AINAGE &FLOOD CONT DIST �TBA; URB�AINAGE &FLOOD C SO. PLAT ICHi FIRE DIST. SAN. DIST. 1 of 1 05/06/2010 1:14 PM Assessor Parcel Maps Associated with Schedule Graphic Parcel Mau MapOuest Location �map39- 214.pdf Treasurer Information City of WheatRj lge 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 Submittal Checklist - Variances (administrative and non - administrative) Project Name: Applicant: lW - TI0004 Project Planner: Slfltrtl¢ ,SNcLut�L7FiZ Project Location: j2 JIGGx-E ST Date: Fee P aid: Z00 Info to be submitted and accepted with variance applications Plan: Completed, notarized application //2. Fee _LA. Proof of ownership (deed) X4 Power of Attorney (if an agent is acting for property owner) V Written request including justification for this request as responses to the evaluation criteria A/�6 Survey or Improvement Location Certificate for the property. [/ /. Proposed building elevations As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2 " full review, I will be subject to the applicable resubmittal fee. Signa e: �- Name (please print : >Q Rev. 4/10 OoTAO 9 /0 li Date: / 6 Phone: ___a www.ci.wheatridge.co.us LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue, Wheat Ridge, CO 80033 Phone (303) 235 -2846 (Please print or type all information) Applicant Pet 1144 c t .Zc C 7G S Address `/ 21 f� uD s� Phone 3 6 City WGtzu� /LadeL State CZ Zip 8-1033 Fax Owner u u e Address Phone City State Zip Fax Contact 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): V6 7- 1 itAZOkv- 8/ b' - '- / C� — 3 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 Cl Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment Cl Right of Way Vacation ❑ Planned Building Group ❑ � � Tem ' porary Use, Building, Sign 173 Site Development Plan approval j M"<riance/Waiver (froth Section ) 13 Other: (Z 1'Y ") Detailed description of request: 2, V/tin it e e -- CA . S ) ae I vtL4:/— Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres orsquare footage): 2 l l Q (p S Proposed Zoning: I J14 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 re ested action cannot 1 wfully be accomplished. Applicants other than owners must submit power -of -atto fro m time own r wl ' It approved of this action on his behalf. Signature of Applicant Subscribed and swfgh to me this day of , 20 Notary Public My commission expires To be filled out by staff: Date receive r'j /`C� Fee $ at/0 Ref�ipt No. r Case No. yV !T —/ 0 - N Zonin Comp Plan Desig. g J P Quarter Section Ma -Sk / Related Case No. Pre -App Mtg. Dat Case Manager B_(L)Gr'.r° �/ City of LAND USE APPLICATION FORM Cas No. I Case Planner walter Case Desuption F2 yard — setback variance Aqadrdflt/&Wfflehm Name Fal Name F777777777 Phone P Address City J� eat �Rkdge C701 Zip F Name Fat ... a -G Name Phone F(3 /l,mo*o»twna»�r � Namo F_] Rmno |pV�^25J288 |A�m�|�02 NoonSt _ � City eat Ridg S�a ��7 uo|000»» Location Description I Project Name Parcel No. Qtr Section: Distrct No.: ,mAnn0ma [] NoighbmhoodHoatino0ata|| App No: [__�____�� Notes Status 10Pe,| Rm# 0rd#