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HomeMy WebLinkAboutWA-10-11City of Wheat jdge C NIT OMMUY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 February 8, 2011 Wilton & July Helm 320 Old Y Road Golden, CO 80401 Dear Mr. & Mrs. Helm: RE: Case No. WA -10 -11 At its meeting of January 27, 2011, the Board of Adjustment made a motion for approval of Case No. WA- 10 -11, a request for a 1.5 foot variance to the 5 foot side yard setback requirement for property zoned Residential -One B and located at 3861 Moore Street; however, the motion to approve failed. Therefore, the request is DENIED. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to file the appeal with the Jefferson County district court within 30 days of the Board's decision. Please feel free to contact me at (303) 235 -2846 if you have any questions. Sincerely, 7GL' Kathy Field Administrative Assistant Enclosures: Certificates of Resolution Draft of Minutes cc: WA -10 -11 (case file) WA101l.doc i"vw.ci.wheatridge.co.us City Of WheatKidge BOARD OF ADJUSTMENT Minutes of Meeting January 27, 2011 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Acting Chair ABBOTT at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29` Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: Tom Abbott Bob Blair Paul Hovland Bob Howard Jennifer Walter Board Members Absent: Janet Bell Larry Linker Betty Jo Page Staff Members Present: Meredith Reckert, Senior Planner Lauren Mikulak, Planner I Ann Lazzeri, Secretary Meredith Reckert introduced Lauren Mikulak who was recently hired as a Planner L 3. PUBLICFORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No members of the public wished to speak at this time. 4. PUBLIC HEARING A. Case No. WA- 10 -I1: An application filed by Judy Helm for approval of a 1.5 foot variance to the 5 -foot side yard setback requirement for a garage on property zoned Residential -One B (R -1B) located at 3861 Moore Street. Board of Adjustment January 27, 2011 The case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report. Wilton Helm 320 Old Y Road, Golden, Colorado Mr. Helm, the applicant, is the owner of the property. He was sworn by Acting Chair ABBOTT. Mr. Helm purchased the house as rental property. He stated his desire to maintain the property and rent to quality tenants. One drawback to the property is the lack of a garage and storage space. He stated that he has attempted to work with the neighbor who lodged a protest by moving the location of the garage from his original plan. Board Member HOWARD asked what type of mature tree is in the back yard. Mr. Helm stated he was not sure but it could be a type of ash. Board Member HOWARD asked why he objected to removing the tree. Mr. Helm answered that it is an asset to the property in that it provides shade for his yard as well as the neighbor's yard. Board Member WALTER asked if the applicant had considered an attached garage. Mr. Helm replied that an attached garage would be considerably more expensive and complicated to construct. Board Member HOWARD suggested that the applicant decrease the size of the garage and then there would be no need for a variance. Mr. Helm stated that decreasing the size would make it difficult to get into and out of cars. In response to a question from Board Member ABBOTT, Mr. Helm stated that the tree is approximately 8 to 10 feet from the back of the house. Robert Erickson 2497 Fairplay Way, Aurora Mr. Erickson, contractor for the applicant, was sworn by Acting Chair ABBOTT. He explained that attaching the garage to the house would require a footing foundation (ata cost of $60 per square foot) instead of a monolithic foundation (at $5 per square foot). Further, a detached garage would look better because the house is a raised ranch. A one -hour fire rated wall would be required with either type of garage. In response to a question from Board Member ABBOTT, Mr. Helm stated that he did work with the neighbor who protested and made accommodations by altering the location of the garage in response to her protest. She is still not satisfied and he believed the neighbor is opposed to his building a garage anywhere on his property. He further stated that his wife has spoken with most of the neighbors Board of Adjustment -2— January 27, 2011 who have expressed full support of the garage and also expressed appreciation to the Helm's for improving a run -down property. Ms. Mikulak advised Board Member ABBOTT that in addition to the one protest, there was an inquiry from a neighbor who only called to find out the details of the proposal. Acting Chair ABBOTT opened the public hearing. Jeanette Boro 10505 West 38' Place Ms. Boro was sworn by Acting Chair ABBOTT. She stated her opposition to the variance request. She does not want a garage built that close to her property line. Board Member HOVLAND asked how much a 1.5 foot variance would make since the applicant is allowed by law to build with a 5 foot setback. She replied that it makes a big difference to her. She also stated that she didn't care one way or another about the tree. She believed having the garage 1.5 feet closer to her property line presents a fire hazard. Board Member WALTER asked if the staff had fire safety concerns. Ms. Mikulak stated that a fire wall will be required even if the garage is built without the variance. Further, the city's chief building official has reviewed the site plan and had no outstanding concerns. Board Member BLAIR asked what unique circumstances applied to this case Ms. Mikulak stated that the mature tree presented a hardship to finding an alternate location for the garage. It was moved by Board Member HOWARD that the applicant remove the tree and build a garage without a variance. The motion died for lack of a second. Upon a motion by Board Member BLAIR and second by Board Member HOVLAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment application Case No. WA -10 -11 is an appeal to the Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and in recognition of one protest registered against it; and Board of Adjustment -3— January 27, 2011 Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment application Case No. WA -10 -11 be and hereby is APPROVED. Type of Variance: A 1.5 foot variance to the 5 foot side yard setback requirement for property zoned Residential One -B. For the following reasons: 1. The variance would not alter the essential character of the locality. Other variances have been granted and presently exist in the area. 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. 5. Alternate placement of the garage would require removal of a mature tree and eliminate a significant portion of usable backyard space which is therefore the major unique circumstance attributed to this request. 6. The request is consistent with existing conditions in the surrounding area as a majority of the homes in the area have constructed garages or carports. 7. Staff recommended approval. Board Member HOVLAND commended the owner for making improvements to the property. He stated that he would vote in favor of the request even though he had difficulty finding unique circumstances in the case. Board Member ABBOTT stated that he would vote against the variance request because an adequately serviceable garage could be build on the lot without a variance and, a protest was received by the most immediately affected neighbor. The variance would also represent a substantial impairment to the intent and purpose of regulations governing the City. Acting Chair ABBOTT advised that a super majority vote would require four affirmative votes for approval. The motion failed by a vote of 3 to 2 with Board Members ABBOTT and HOWARD voting no. Board of Adjustment -4— January 27, 2011 CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 27` day of January, 2011. CASE NO: WA -10 -11 APPLICANT'S NAME: Judy Helm LOCATION OF REQUEST: 3861 Moore Street WHEREAS, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment application Case No. WA -10 -11 is an appeal to the Board from the decision of an administrative officer; and WHEREAS, Board of Adjustment application Case No. WA -10 -11 is an appeal to the Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there was one protest registered against it; and WHEREAS, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -10 -11 be, and hereby is APPROVED. TYPE OF VARIANCE: A 1.5 foot variance to the 5 foot side yard setback requirement for property zoned Residential One -B. FOR THE FOLLOWING REASONS: The variance would not alter the essential character of the locality. Other variances have been granted and presently exist in the area. 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. Board of Adjustment Resolution WA -10 -11 Page 2 of 2 5. Alternate placement of the garage would require removal of a mature tree and eliminate a significant portion of usable backyard space which is therefore the major unique circumstance attributed to this request. 6. The request is consistent with existing conditions in the surrounding area as a majority of the homes in the area have constructed garages or carports. 7. Staff recommended approval. VOTE: YES: BLAIR, HOVLAND, WALTER NO: ABBOTT, HOWARD ABSENT: BELL, LINKER, PAGE DISPOSITION: A request for approval of a 1.5 foot variance to the 5 foot side yard setback requirement for property zoned Residential One -B was DENIED based on Chapter 2, Article 3, Section 2 -53(d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. ADOPTED and made effective this 27th day of January, 2011. Tom Abbott, Acting Chair Ann Lazzeri, Se e ry Board of Adjustment Board of Adjustment Board of Adjustment Resolution WA -10 -I1 Page 2 of 2 5. Alternate placement of the garage would require removal of a mature tree and eliminate a significant portion of usable backyard space which is therefore the major unique circumstance attributed to this request. 6. The request is consistent with existing conditions in the surrounding area as a majority of the homes in the area have constructed garages or carports. 7. Staff recommended approval. VOTE: YES: BLAIR, HOVLAND, WALTER NO: ABBOTT, HOWARD ABSENT: BELL, LINKER, PAGE DISPOSITION: A request for approval of a 1.5 foot variance to the 5 foot side yard setback requirement for property zoned Residential One -B was DENIED based on Chapter 2, Article 3, Section 2 -53(d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. ADOPTED and made effective this 27th day of January. 2011. r r 4 PI Tom Abbott, Acting Chair Ann Lazzeri, Secret r Board of Adjustment Board of Adjustment PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT January 27, 2011 Case No. WA -10 -11 —An application filed by Judy Helm for approval of a 1.5 foot variance to the 5 foot side yard setback requirement for a garage on property zoned Residential - One B (R -1 B) located at 3861 Moore Street. Name Address In favor /Opposed Vt/ i l-� Pr� WI �0 Old �{ j 2 / � GO v`i�aUnY , Ll�hao la�o5 w �W��vl it�¢In 6 j2Pd3 ? Variance Request • Applicant would like to construct a two -car detached garage south of the home Requesting a 1% -foot side yard variance • Property is 7,257 square feet and does not have garage, shed or other outdoor storage 2 —i N L i M1 Mn•�• s. 3 R -113 Development Standards Required Actual Required Actual Maximum Existing (w /o garage) Proposed (w/ garage 7,500 square feet 7,257 square fee 60 feet 63 feet 40% 11% 16% R -113 Development Standards Required Actual Required Actual Maximum Existing (w /o garage) Proposed (w/ garage) 7,500 square feet 7,257 square feet 60 feet 63 feet 40% 11% 16% Side Front Rear e 5 ft 25 ft 10 feet a > m m 3.5 feet 40 ft 50 ft 51 0 4 N Garage :: 2+ car Garage :: 1 car Carport :: 2 car .. - =A Carport::1 car WA -03 -14 3' variance to side yard setback for accessory structure U�r2QQ Silo 5' side and 5' rear setback variances for detached garage WA -10 -06 2'/0' variance to side yard setback for carport Public Noticing Period Neutral — Owner of property across the street, 3870 Moore Street, contacted staff for more detail about the proposed site plan. Did not express objection. Opposed — Owner of property directly south, 10505 38th Place, wrote a letter in opposition. Concerned about visual impacts, proximity of garage, and affect on property values. D Staff Recommendation Staff recommends APPROVAL of the request for the following reasons: — The request will not alter the character of the neighborhood — The applicant is proposing a substantial investment in the property that may not be possible without the variance — The alleged hardship was not created by the current owner — The request would not be detrimental to the public welfare — Alternative placement would require removal of a mature tree and remove a significant portion of usable backyard space — The request is consistent with existing conditions in the neighborhood 19 Staff Recommendation With the following condition: —The design and architecture of the proposed garage be similar in character to the existing house, subject to staff review and approval through review of a building permit. IO 10 City of Wh6at d i ge TO: CASE MANAGER: CASE NO. & NAME: ACTION REQUESTED CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment DATE: January 27, 2011 Lauren Mikulak WA -10 -11 /Helm Approval of a F -6" variance from the 5 foot side setback requirement on property located at 3861 Moore Street and zoned Residential One B (R -113). LOCATION OF REQUEST: 3861 Moore Street APPLICANT (S): Judy Helm OWNER (S): Judy & Wilton Helm APPROXIMATE AREA: 7,257 Square Feet (.17 acres) PRESENT ZONING: Residential One B (R -113) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map (X) DIGITAL PRESENTATION 39TH PL Site Board ofAdjustment Case No. WA -10 -11 1He1m 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 1' -6" (30 percent) from the required 5 foot side yard setback. The purpose of this variance is to allow for the construction of a two -car detached garage on the south side 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. The Director of Community may not make a decision on a variance if a written objection regarding the request is received during the public notice period. If this occurs the City Code empowers the Board of Adjustment (BOA) to hear and decide on variances from the strict application of the zoning district development standards. This application was initially processed administratively, however it was scheduled for a BOA public hearing as an adjacent property owner submitted a letter of objection during the 10 -day noticing period. IL CASE ANALYSIS The applicant, Judy Helm, is requesting the variance as the property owner of 3861 Moore Street (Exhibit 1, Ldtter of Request). The variance is being requested so that the applicant may construct a two -car detached garage on the south side of the lot. The applicant would like to locate the garage at the rear of the existing driveway. The driveway is approximately 11 feet wide where it intersects with Moore Street and narrows to about 8 feet in width at the opposite end (Exhibit 2, Aerial) The property is located on the west side of Moore Street, two lots north of W. 38` Place. It is zoned R -113, 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. The lots that abut W. 38` Place at Moore Street are zoned R -1 (Exhibit 3, Zoning y6p). The property currently contains a one -story single - family home. There is no garage or shed on the property (Exhibit 4 Site Photos);. The area of the lot -7,257 square feet —is less than the minimum lot size (7,500 sf) for single - family homes in R -113, however the lot's width of approximately 63 feet meets the 60 -foot minimum. The R -113 zone district allows a maximum lot coverage of 40 %. The current lot coverage is 11 %. Despite the nonconforming lot size, the total building coverage with the proposed garage (20' x 20') would be 16% —well below the maximum 40% allowed in R -113. The R -1B zoning requires a minimum 5 foot side setback for the garage. The applicant would like to construct the proposed garage at the end of the existing driveway, in between the south (side) property line and the existing home (Exhibit 5, Site Plan). Due to the location of the existing home, there is only about 26 feet between the house and the south property line. Thus it is not possible for a standard Board ofAdjustment 2 Case No. WA -10 -11 1Helm width two -car detached garage to meet the 5 -foot required side setback and retain an appropriate degree of separation from the dwelling unit. It would be possible to construct a garage farther west on the property that meets the required side setback, however this would require the removal of a mature tree from the property's rear yard. The property owners recognize that putting a garage in the backyard would not require a variance, but they are reluctant to remove the healthy tree. Alternative placement would also eliminate a significant portion of usable backyard space for the property owner. While a one -car garage would not require a variance, this alternative would not be as substantial of an investment in the property. It is typical that contemporary home buyers or renters expect covered parking for more than one vehicle. An attached two -car garage is a second alternative that may not require a variance, but this option is likely a cost - prohibitive investment. A number of other properties on the north end of the same block have reduced side yard setbacks for accessory structures. In 2003, a 3' variance to the side yard setback was approved for an accessory structure (Case No. WA- 03 -14) located at 4091 Moore Street. In 2006, a 2 ' / 4 -foot setback variance was approved for a carport at 4021 Moore Street (Case No. WA- 10 -06). Additionally, an R -113 property to the west -3892 Nelson Street (Case No. WA- 06 -08) —was granted variances for side and rear yard setbacks in 2006 for a detached garage. During the public notification period, two neighbors contacted Staff including one neighbor with objections. The property owner at 10505 W. 38` Place (directly south of 3861 Moore Street) called and submitted a letter of objection to the variance (Exhibit 6, Letter of Objection,. The owner objects to the proposed garage on the basis that the proximity of the garage will negatively affect her property. It is this written objection that requires the Board of Adjustment to hear and decide upon the variance request. After being made aware of the complaint, the applicant made an effort to reach out to the neighbor at 10505 W. 38 Place. In response to the objection, the applicant met with the neighbor to discuss and explain the proposed garage. The applicant voluntarily amended the site plan to increase the degree of separation between the proposed garage and the neighbor's kitchen window. The amended site plan moves the garage 4' to the east to allow more sunlight to reach the neighbor's kitchen window (Exhibit 7,, Site Plan Change). VARIANCE CRITERIA In order to approve a variance request, the Board of Adjustment 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 (Exhihit-1)',. 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 continue to function as a single - family residence, regardless of the outcome of the variance request. Board ofAdjustment Case No. WA -10 -11 /Helm Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. A variance is not likely to alter the character of the locality. The R -113 zoning allows for detached garages, and several homes along Moore Street have existing accessory structures, including detached garages and sheds. The architectural style of the proposed garage is compatible with the character of the area, and the material selections match neighboring accessory structures. A number of other properties on the north end of the same block have reduced side yard setbacks for accessory structures. • A property to the north -4061 Moore Street —has a 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 No. WA- 03 -14) located at 4091 Moore Street. • In 2006, a 2 Y4 -foot setback variance was approved for a carport at 4021 Moore Street (Case No. WA- 10 -06). Additionally, an R -113 property to the west 3892 Nelson Street (Case No. WA- 06 -08) —was granted variances for side and rear yard setbacks in 2006 for a detached garage. Staff finds 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, which would not be possible without the variance. A detached two -car garage is expected to add value to the property. While a one -car garage would not require a variance, this alternative would not be as substantial of an investment. It is typical that contemporary home buyers or renters expect covered parking for more than one vehicle. An attached two -car garage is a second alternative that may not require a variance, but this option is likely a cost - prohibitive investment. 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 location of a mature tree in the property's rear yard restricts alternative site arrangements for the proposed two -car garage. The property owners recognize that putting a garage in the Board ofAdjustment Case No. WA- 10- 111He1m backyard would not require a variance, but they are reluctant to remove a healthy tree. Alternative placement would also eliminate a significant portion of usable backyard space for 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 hardship described above was not created by the current property owner or any person currently having an interest in the property. The current owner purchased the home in May 2010, and thus is not responsible for the existing conditions of 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 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 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 not cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. The garage would not increase the danger of fire. The Chief Building Official has confirmed that there are no building code issues or safety concerns related to the location of the garage and its proximity to other structures. It is unlikely that the request would impair property values in the neighborhood. The garage may in fact have a positive affect on the neighborhood and allow covered storage of large items that are currently stored in the driveway and visible from the public right -of -way. Staff finds 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. Board ofAdjustment Case No. WA -10 -11 /Helm Single family homes and their accessory buildings 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 single and two family dwelling units. Staff finds this criterion is not applicable III. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a F -6" variance from the 5 foot side setback requirement. 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. 5. Alternate placement of the garage would require removal of a mature tree, and eliminate a significant portion of usable backyard space. 6. The request is consistent with the existing conditions in the surrounding area, as a majority of the homes in the area have constructed garages or carports. With the following condition: 1. The design and architecture of the proposed garage be similar in character to the existing house, subject to staff review and approval through review of a building permit. Board ofAdjustment Case No. WA -10 -11 1Helm EXHIBIT 1: LETTER OF REQUEST 3861 Moore Street — Variance Request Request 30% variance of Sec. 26 -207 to allow permission to build a garage within 3.5 feet of South side property line at 3861 Moore Street. The requested variance would place the garage 13 feet from the neighbor's house. Fire rated walls would be provided to the extent required by the applicable building code. The elevation of the garage is lower than either the house on the property or the neighbor's house. Statistics: Lot size: 7617 sq. ft. House setback from curb: 32 ft. 8 in. Proposed garage setback from curb: 45 ft. 8 in. Separation between proposed garage and house: 3 ft. Proposed garage setback from South (side) property line: 3.5 ft. (30% variance) Separation between proposed garage and neighbor's house: 13 ft. House elevation: 16 ft. Neighbor's house elevation: 16 ft. Proposed garage elevation: 13 ft. Criteria: A. A two car garage is generally considered the minimum practical configuration in our current culture. The proposed garage is 20 feet wide, which is the minimum practical width for a 2 car garage. B. Many other properties in the neighborhood have added a garage at various points in the last 50 years. The architecture of the garage is intended to fit into the look of the neighborhood. C. The garage adds significant value and usability to the occupants of the house, and thus value to the property. D. The only alternative would be to place it behind the house, which would significantly reduce the back yard size and require removal of a mature tree. Both of these would have an undesirable impact on both the property and the neighborhood. E. The situation isn't of recent creation. The house was built in 1958 and has remained substantially unchanged for 52 years. Meanwhile two car garages have become an expected norm. F. The impact of the variance is diminished by the fact that it is lower in elevation than surrounding structures on both sides and is set back from the road 45 feet. The neighbor's house would still be 13 feet from the garage, and it is the backside of their house in an area with'AW" aal snxll windows. IX- G. All lots in the neighborhood are 64 feet wide or less and most of the width is taken up by the house, making it difficult to locate a garage. Some had attached garages when built, but only single car. H. The garage itself presents no barrier to a disabled person, nor does it add any additional barriers to the property as a whole. The.property was not designed with disability in mind. I. Yes. Board ofAdjustment Case No. WA -10 -11 /Helm EXHIBIT 2: AERIAL Board of Adjustment CaseAro. Wif -10 -11 /Helm EXHIBIT 3: ZONING MAP Board of Adjustment CoseNo. Wit- lo- IJ /Hebn EXHIBIT 4: SITE PHOTOS Board oj'Adjustment 10 Case No. WA- 10- 11111chn Board oj'Ae#ustment Case No. 144- 10- 11111ehn Property immediately south (10505 West 38 °i Place), rear side of neighboring house will face proposed garage View of 3861 Moore Street and proposed garage location from property immediately south (10505 West 38 °i Place) Board oJ:4d/urlment 12 Case No. 4V.9 -10 -11 /Helm EXHIBIT 5: SITE PLAN 3s-v, moor rr s713. , ! Txee N w Y a S 7 z )Y i 444y i +j njt.l�ne Board ofAdjustment Case No. WA -10 -11 /Helm ' 6fi w cka f -�-. Ci gYUyB ' J t PYO 5e'p � 2 O z )Y i 444y i +j njt.l�ne Board ofAdjustment Case No. WA -10 -11 /Helm o *�F * Houk 2; E1ge t - j�6 aiftk ('O65 �(aayd: Guv «y2: 8 ' I !! S iEQ � P � rJ `J ECLMIYb�'. Gur-6 N{6ovQ 5 tar'eef � N. o .t e . Ic"t BiP WC't` fg €.a a-eQ 13 f -�-. Ci gYUyB ' J t o *�F * Houk 2; E1ge t - j�6 aiftk ('O65 �(aayd: Guv «y2: 8 ' I !! S iEQ � P � rJ `J ECLMIYb�'. Gur-6 N{6ovQ 5 tar'eef � N. o .t e . Ic"t BiP WC't` fg €.a a-eQ 13 Elevations i,�yi rNIS4 M Cokcvy ho..nz I i 1 I tIl-a �r8 r-ay 1r�Q / -/l W/ ilmk d C'00'e euvY F„ p CO o,d ;n..Xd. w pl , Ao c/'ea— co6i 4 pri cAy GSA - �.. C///rcApOSI`�lr+-�- TD ✓✓ G� /�eruy. -0 t(/(Z p ,rt�t7 d ca ( (-e CQOc v ' le J A Etavr.�r wt yLtciuc (F�t N:� t� Board ofAdjustment 14 Case No. WA -10 -I1 /Helm pwpasae t{QUke. EXHIBIT 6: OBJECTION LETTER &tb V\--OA LA.J Y Board of Adjustment 15 Case No. WA -10 -11 /Helm VLF Board ofAdjustment 16 Case No. WA -10 -11 /Helm a w H H I� w 1�1 � Y b b y b �sn.yl a,aey yd {aN 4.� c.. o3n.N S.eaq ykyaN N W N i 0 Bo 1.� d� N ti O 5 � Q' 0 2 a m � U 034 c Y V J I O i @ s1 1 r .[ten N r_. 3 1 r �sn.yl a,aey yd {aN 4.� c.. o3n.N S.eaq ykyaN N W N i 0 Bo 1.� d� N ti O 5 � Q' 0 2 a m � U NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on January 27, 2011, at 7:00 p.m. in the Council Chambers of the Municipal Building at 7500 West 29 Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 - 235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following petition shall be heard: 1. Case No. WA- 10 -11 An application filed by Judy Helm for approval of a 1 ' / 2 foot variance to the 5 foot side yard setback requirement for a garage on property zoned Residential -Two (R -2) and located at 3861 Moore Street. Kathy Field, Administrative Assistant RICKARD ANITA A 3922 MOORE ST WHEAT RIDGE CO 80033 ABEGG RICHARD F 3922 NELSON ST r WHEAT RIDGE CO 800s3� �1 �q ;STAS ELIZABETH RACHEL 4 INGALLS CT VADA CO 80003 LO 0290 0001 3035 0379 7010 0290 0001 3035 0393 REICH SCOTT A 3925 NE1 S1 DENVER _ 8 7010 0290 0001 3035 0362 LOPEZ MARTIN 3902 NELSON ST WHEAT RIDGE CO 80033 7010 0290 0001 3035 0331 BERNADETTE 3892 NEL O S WHEAT O 003 7010 0290 0001 3035 DURAN LILLIAN R DURAN LILLIAN ROSEMARIE 3885 NELSON ST WHEAT RIDGE CO 80033 7010 0290 0001 3035 SELSTAD MONICA M 23461 MORNING ROSE DR GOLDEN CO 80401 7010 0290 0001 3035 038E JAMES ROBERT L JAMES THORA L 10611 W 105TH AVE BROOMFIELD CO 80021 7010 0290 0001 3035 0355 FOSTER ANGEL TO 3905 M S (U -2 WHEA O 3 7010 0290 0001 3035 0447 Ai NORMA JEAN LIFE ESTATE 3895 MILLER CT WHEAT RIDGE CO 80033 SEIBOLD CARL O SEIBOLD DARLENE A SEIBOLD CARL J 3902 MOORE ST WHEAT RIDGE CO 80033 7010 0290 0001 3035 0348 GIECK THEODORE ALLEN JR. GIECK KAY 3905 NELSON ST WHEAT RIDGE CO 80033 -- -7010 0290 0001 3035 0430 PHILLIPS JANET E 3890 MOORE ST WHEAT RIDGE CO 80033 7010 0290 0001 3035 0409 0423 7010 0290 0001 3035 0416 JEFFCO HOUSING CORP 7490 W 45TH AVE WHEATRIDGE CO 80033 0492 7010 0290 0001 3035 0485 MUDD GERALDINE A 3885 MILLER CT WHEAT RIDGE CO 80033 70 02 0 001 3035 0454 7010 0290 0001 3035 0461 RIEGE WILLIAM T MALONE GERALD D 3875 MILLER CT 3755 DUDLEY ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7010 0 2 9 0 0001 3035 0539 CARVER TED D CARVER LORETTA ANN 3890 NEWMAN ST WHEAT RIDGE CO 80033 701 02 90 0001 3035 0478 i DGINGTON DANIEL M EDGINGTON NADINE R 3880 MOORE ST WHEAT RIDGE CO 80033 7 010 0290 0001 3035 0546 APALACIO GILBERT B 3871 MOORE ST WHEAT RIDGE CO 80033 7010 0290 0001 3035 0515 _ r010 0290 0001 3035 0522 RENDON GEORGE HELM WILTON HOWINGTON DEANNA RENDON DONNA L HELM JUDY M 3880 NE GTON D A 3872 NELSON ST WHEAT RIDGE ST 80033 320 OLD Y RD WHEAT RIDGE CO 80033 GOLDEN CO 80401 7 0290 0001 3035 0270 701 0290 0 00 1 3035 02 -- �mn nman nnnl- 7f1 fI SfIA GREER PARRY L 3870 NEWMAN ST WHEAT RIDGE CO 80033 7010 0290 0001 3035 0256 WRIGHT KATHLEF,N C WR1GH JAI R M RE WHEAT O 80033 7010 0290 0001 3035 0225 BOYER DELBERT G JR ARELLANO JESSICA A BOYER YOLANNA S ARELLANO ANDREW T 3870 MOORE ST 10605 W 38TH PL WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 j 70 10 0 290 00 01 3035 0249 —? 0 290 00 3035 --- HAND DONNA S BORO JEANETTE G 3865 MILLER CT 10505 W 38TH PL WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7010 0290 0001 3035 0317 7010 0290 0001 3035 0324 GUDERSKI JAMES R KRAUSE KIM C 10695 W 38TH PL WHEAT RIDGE CO 80033 7010 0290 0001 3 HAWKINS FAMILY TRUST 10475 W 38TH PL WHEAT RIDGE CO 80033 7010 0290 0001 3035 ORCHOLSKI JANINA A ORCHOLSKI JANINA ANNA 10595 W 38TH PL WHEAT RIDGE CO 80033 MAESJONATHAN MAES LAURA 3862 NELSON ST WHEAT RIDGE CO 80033 030 701 0290 0001 3 035 0294 -- MARY E ACHESON MELVIN R PO BOX 513 WHEAT RIDGE CO 80033 0126 7010 0290 0001 3035 0119 HUGGINS JIM 8133 W PO L LITTLE O 0 23 7010 0290 0001 3035 0089 7010 0290 0001 3035 0096 LOWITSCH VALENTINA 10684 W 38TH PL WHEAT RIDGE CO 80033 7010 0290 0001 3035 0164 GONZALEZSALVADOR QUINTANILLA SALVADOR GONZALEZ 10560 W 38TH PL WHEAT RIDGE CO 80033 LONARDO MARIA LONARDO LOUISE LONARDO CARMINE J 2165 S EVERETT ST LAKEWOOD CO 80227 7010 0290 0001 3035 0157 COPHER BRIAN J COPHER DELILAH ANN 10490 W 38TH PL WHEAT RIDGE CO 80033 7010 0290 0001 3035 0287 CAROLLO FRANK CAROLLO NICOLE M 10580 W 38TH PL WHEAT RIDGE CO 80033 7010 0290 0001 3035 0102 ROESCHJOHNI 3840 NELSON ST WHEAT RIDGE CO 80033 7010 0290 0001 3035 0171 HALL DARLENE 10499 W 38TH AVE WHEAT RIDGE CO 80033 7 010 0290 0001 3035 0140 SCOVILLE JERRY L 10570 W 38TH PL WHEAT RIDGE CO 80033 7010 0290 0001 3035 0133 WOLFRUM TERRY LEE 10559 W 38TH AVE WHEAT RIDGE CO 80033 VERSAILLES WILLIAM L JR 3820 NELSON ST WHEAT RIDGE CO 80033 70 10 0290 00 01 3 035 0 218 7010 0290 0001 3035 0201 KUCZEK LEROY A 10561 W 38TH AVE WHEAT RIDGE CO 80033 7010 0290 0001 3035 7010 0290 0001 3035 01 N t ORCHOLSKI JANINA A ORCHOLSKI JANINA ANNA 3815 NELSON ST 0188 WHEAT RIDGE CO 80033 7010 0290 0001 3035 0072 City of _r Wheat ,jdge 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 (as required pursuant to Code Section 26- 109.1)) January 13, 2011 Dear Property Owner: This is to inform you of Case No. WA -10 -11 which is a request for approval of a 1 '/2 foot variance to the 5 foot side yard setback requirement for a garage on property zoned Residential - Two (R -2) and located at 3861 Moore Street. This request will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on January 27, 2011 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 - 235 -2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303 - 235 -2846. Thank you. Planning Division. WA 101l.doc www.ei.wheatridgexo.us NE 21 sue N 3 N s A -1 A -1 A -1 R -2 - .YWF3Hi1FA4E'.��' OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PRD wz -7s» wza�7 . NE 25 .. PAD'' — PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) ----- WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) p nz9e -ze'. N -19 BLEVIN5 SUB C -1 R -1' SE 21 0 100 200 XD 9CJ f.R o aa � o � DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 1 0, 2 00 1 "r N d• C-1 D 1 r SE 21 0 100 200 XD 9CJ f.R o aa � o � DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 1 0, 2 00 1 Owner 1 Owner 2 Owner 3 Mailing PISt IStreet Name Type City I State Zip Property A St Street Name Type lCity State Zip jUse 3922 MOORE ST WHEAT RIDGE CO 80033 3922 MOORE ST WHEAT RIDGE CO 80033 RESID_ RICKARDANITAA _ —_. 3922 - __ -- NELSON ST -- WHEAT RIDGE CO 80033 3922 NELSON ST WHEAT RIDGE_ _CO 80033 RESID_ ABEGG RICHARD F _ 7134 INGALLS CT ARVADA CO 80003 3925 MOORE ST WHEAT RIDGE CO 80033 RESID MESTAS ELIZABETH RACHEL 3925 ST DENVER CO 80033 3925 NELSON ST WHEAT RIDGE CO 80033 RESID REICH SCOTT A _ _ _ 10611 _NELSON W _ 105TH AVE BROOMFIELD CO 80021 3901 MILLER CT WHEAT RIDGE CO 80033 RESID_ JAMES ROBERT L JAMES THORA L SEIBOLD CARL 390_2 _ _ MOORE ST WHEAT RIDGE CO 80033 3902 MOORE ST WHEAT RIDGE _ CO 80033 RESID - SEIBOLD CARL 0 SEIBOLD DARLENE A 3902 NELSON _ ST WHEAT RIDGE _ CO 80033 3902 NELSON ST WHEAT RIDGE CO 80033 RESID LOPEZ MARTIN 3905 MOORE ST WHEAT RIDGE CO 80033 3905 MOORE ST WHEAT RIDGE CO 80033 RESID FOSTER ANGELITA _ 3905 _ NELSON ST WHEAT CO 80033 3905 NELSON ST WHEAT RIDGE CO 80033 RESID__ GIECK THEODORE ALLEN JR GIECK KAY 3905 _ NELSON _ ST _RIDGE WHEAT RIDGE _ CO 80033 3905 NELSON ST WHEAT RIDGE CO 80033 RESID GIECK THEODORE ALLEN JR GIECK KAY 3895 _ MILLER CT WHEAT RIDGE CO 80033 3895 MILLER CT WHEAT RIDGE CO 80033 RESID__ ATKINS NORMA JEAN LIFE ESTATE _ 3890 MOORE ST WHEAT RIDGE CO 80033 3890 MOORE ST WHEAT RIDGE CO 80033 RESID _ PHILLIPS JANET E 3 NELSON ST WHEAT RIDGE CO 80033 3892 _ NELSON ST WHEAT RIDGE CO 80033 RE BERNADETTE SKIN CARE 7490 W 45TH AVE WHEATRIDGE CO 80033 3891 MOORE ST WHEAT RIDGE CO 80033 RESID__ JEFFCO HOUSING CORP _ 3890 _ NEWMAN ST WHEAT RIDGE CO 80033 3890 NEWMAN ST WHEAT RIDGE CO 80033 RESID CARVER TED D CARVER LORETTA ANN 3885 NELSON ST WHEAT RIDGE _ CO 80033 3885 NELSON ST WHEAT RIDGE CO 80033 RESID _ DURAN LILLIAN R DURAN LILLIAN ROSEMARIE CT WHEAT RIDGE CO 80033 3885 MILLER CT WHEAT RIDGE CO 80033 RESID _ MUDD GERALDINE A _ 3885 3880 MILLER _ MOORE ST WHEAT RIDGE CO 80033 3880 MOORE ST WHEAT RIDGE CO 80033 RESID EDGINGTON DANIEL M EDGINGTON NADINE R 23461 MORNING ROSE DR GOLDEN_ CO 80401 3881 MOORE ST WHEAT RIDGE CO 80033 RESID_ SELSTAD MONICA M _ _ 3755 DUDLEY ST WHEAT RIDGE CO 80033 3882 NELSON ST WHEAT RIDGE CO 80033 RESID MALONE GERALD D NEWMAN ST WHEAT RIDGE CO 80033 3890 NEWMAN ST WHEAT RIDGE CO 80033 RESID__ CARVER TED D CARVER LORETTA ANN _3890 3885 NELSON ST WHEAT RIDGE_ CO 80033 3885 NELSON ST WHEAT RIDGE CO 80033 RESID_ DURAN LILLIAN R DURAN LILLIAN ROSEMARIE _ _ 3880 NEWMAN ST WHEAT RIDGE CO 80033 3880 NEWMAN ST WHEAT RIDGE CO 80033 RESID _ HOWINGTON DEANNA L __ 3892 NELSON ST WHEAT RIDGE CO 80033 3875 NELSON ST WHEAT RIDGE - CO 80033 BERNADETTE SKIN CARE _ _ 3875 MILLER CT WHEAT RIDGE CO 80033 3875 MILLER CT WHEAT RIDGE CO 80033 RESID RIEGE WILLIAM T _ - 3870 MOORE ST WHEAT RIDGE CO 80033 3870 MOORE ST WHEAT RIDGE CO 80033 RESID_ -- BOYER DELBERT G JR BOYER YOLANNA S -- 3871 MOORE ST WHEAT RIDGE CO 80033 3871 MOORE ST WHEAT RIDGE CO 80033 RESID APALACIO GILBERT B 3872 NELSON ST WHEAT RIDGE CO 80033 3872 NELSON ST WHEAT RIDGE CO 80033 RESID RENDON GEORGE RENDON DONNA L 3880 NEWMAN ST WHEAT RIDGE CO 80033 3880 NEWMAN ST WHEAT RIDGE CO_ 80033 RESID HOWINGTON DEANNA L _ 3892 NELSON ST WHEAT RIDGE CO 80033 3875 NELSON ST WHEAT RIDGE CO 80033 _ _ _ BERNADETTE SKIN CARE 3870 _. NEWMAN ST WHEAT RIDGE CO 80033 3870 NEWMAN ST WHEAT RIDGE CO RESID__ _ GREER PARRY L _ 3865 MILLER CT WHEAT R_ IDGE CO 80033 3865 MILLER CT WHEAT RIDGE CO 80033 RESID HAND DONNA S __ 320 _ OLD Y RD GOLDEN CO 80401 3861 MOORE ST WHEAT RIDGE CO 80033 RESID _ HELM WILTON HELM JUDY M - - 3860 MOORE ST WHEAT RIDGE CO 80033 3860 MOORE ST WHEAT RIDGE CO 80033 RESID - WRIGHT KATHLEEN C WRIGHT JAIME C _ _ 3862 _ NELSON ST _ WHEAT RIDGE _ CO 80033 3862 - NELSON ST WHEAT RIDGE CO 80033 _ RESID MAES JONATHAN MAES LAURA W 38TH _ PL WHEAT RIDGE CO 80033 10605 W 38TH PL WHEAT RIDGE CO 80033 RE ARELLANO JESSICA A_ ARELLANO ANDREW T 10605 10695 W _.- 38TH PL WHEAT RIDGE CO 80033 10695 W 38TH PL WHEAT RIDGE CO_ 80033 RESID_ GUDERSKI JAMES R KRAUSE KIM C 10605 W 38TH PL WHEAT CO 80033 10605 W 38TH PL WHEAT RIDGE CO 80033 RESID ARELLANOJESSICAA_ ._ _ ARELLANOANDREW T _ -. 10695 W -. - -- 38TH - PL - WHEAT RIDGE CO 80033 - 10695 -- W 38TH PL WHEAT RIDGE CO 80033 RESID_ _ GUDERSKI JAMES R KRAUSE KIM C _ _ 10 W 38TH PL WHEAT RIDGE CO 80033 10475 W 38TH _ PL WHEAT RIDGE CO 80033 RESID _. HAWKINS FAMILY TRUST _ _ _ PO BOX 513 WHEAT RIDGE CO 80033 10425 W 38TH PL WHEAT RIDGE CO - 80033 RES ID_ ACHESON MARY E _ ACHESON MELVIN _ R 10505 W 38TH _. PL WHEAT RIDGE CO 80033 10505 W 38TH _ PL WHEAT RIDGE CO 80033 RESI BOROJEANETTE G 10595 W 38TH PL WH RIDGE CO 80033 10595 W 38TH PL -. WHEAT RIDGE_ CO _ 80033 R ESID ORCHOLSKI JANINAA ORCHOLSKI JANINA ANNA 8133 W POLK PL LITTLETON CO 80123 10640 W - 38TH PL WHEAT RIDGE CO_ _ 80419 COM HUGGINS JIM L 8133 W POLK PL LITTLE CO 80123 10640 W 38TH PL WHEAT RIDGE CO _ 80419 CO HUGGINS JIM L 10684 W 38 TH _ PL WHEAT RI CO 80033 10680 W 38TH PL _ WHEAT RIDGE C 80033 CO MDR LOWITSCH VA LENTINA LONARDO MARIA LONARDO LOUISE LO NARDO CA RMINE J 21 65 S EVERETT ST LAKEWOOD CO 80227 10471 W 38TH AVE RIDGE _ CO 80033 8 RES R _ GOPHER BRIAN J GOPHER DELILAH ANN _ _ 10490 38TH PL _ WHEA RIDGE_ CO 80033 10490 W 38TH PL PL WHEAT RIDGE _ WHEAT RIDGE CO_ CO RESID W 80033 GONZALE Z SALVADOR QUINTANILLA SALVADOR GONZALEZ 10560 W 38TH PL WHEAT RIDGE CO 80033 10560 W W 38TH 38TH PL WHEAT RIDGE CO 80033 RESID__ _ SCOVILLE JERRY L _ 10570 W 38TH _ _ PL PL WHEAT RIDGE _ WHEAT RIDGE CO CO 80033 80033 10570 10580 W _ 38TH _ PL _ WHEAT RIDGE CO 80033 RESID - CAROLLO FRANK CAROLLO NICOLE M 10580 10559 W W 38TH _ 38TH AVE WHEAT RIDGE CO 80033 10559 W 38TH AVE WHEAT RIDGE CO _ 80033 RE SID WOLFRUM TERRY LEE 10561 W 38TH AVE WHEAT RIDGE CO 80033 10561 W 38TH _ AVE WHEAT RIDGE CO 80033 RE KUCZEKLEROYA 3840 NELSON ST RGE WHEAT ID CO 800 3 3840 NELSON ST WHEAT _RIDGE CO 80033 RESI D 80033 ROESCH JOHN J _ - 10499 W 38TH AVE WHEAT RIDGE CO 80033 10499 W 38TH AVE - _WHEAT RIDGE CO__ RESID HALL DARLENE 10499 W 38TH AVE WHEAT RIDGE CO 80033 10499 W 38TH AVE WHEAT RIDGE CO 80033 RESI MU HALL DARLENE 3815 NELSON ST WHEAT RIDGE CO 80033 3815 NELSON ST_ WHEAT RIDGE_ CO 80 ORCHOLSKI - JANINAA ORCHOLSKI JANINA ANNA _._ -- -_. -- - - - -- _ -- -_ ST WHEAT RIDGE CO 80033 3820 NELSON IST IWHEAT RIDGE ICO 180033 VERSAILLES WI LLIAM L JR 3820 NELSON I ` 'I City of Wheat,R COM MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29� Ave. December 22, 2010 Judy and Wilton Helm 320 Old Y Road Golden, CO 80401 Dear Mr. and Mrs. Helm: Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 This letter is to serve as a follow -up to our conversation on the afternoon of December 21, 2010 regarding your request for l' -6" side setback variance for 3861 Moore Street, referred to as Case No. WA- 10 -11. During the public notification period (December 10 — 20 the City received one relevant objection to your variance request. The letter of objection is enclosed and comes from an adjacent property owner at 10505 W. 38' Place. Section 26 -115 of the Wheat Ridge Zoning Code states that the director of community development is empowered to decide upon applications for administrative variances in the instance that no objections are received during the public notification period. Given that we have received a valid written objection, your request becomes non - administrative, and the Board of Adjustment (BOA) will need to decide upon your variance application. The process for a non - administrative variance review entails additional fees ($280), additional notification, and a public hearing by the Board of Adjustment. Should you decide to pursue a non - administrative variance request, I have enclosed a copy of the Board of Adjustment standard schedule for public hearings. The next available public hearing date is January 27, 2011 at 7pm. In order to ensure inclusion on the docket, the additional fees and any supplemental information should be submitted to the City by January 4, 2011. Alternatively, as we discussed on December 21 S ', you are welcome to amend your construction plans such that a zoning variance would not be required. The property at 3861 Moore Street is located in the Residential -1B (R -1B) zone district, so I have also enclosed the development regulations for that district. Proposals that adhere to the development standards do not require variance applications. If you have any questions, please do not hesitate to call me at 303 - 235 -2846. Sincerely, Lauren E. Mikulak Planner I Enclosures (4) www.ci.wb eatridgexoxs J r h V - Oz. LA @Jd Y ti °-4 3 I �� td ��. V �v ,, �of Wheat�dge POSTING CERTIFICATION CASE NO. WA -10 -11 DEADLINE FOR WRITTEN COMMENTS: December 20, 2010 1, J rz c0 y Un (n a m e) residing at '� Z 0 0 1 d p o t (I 0( &-e iA CP - :6 0 X01 (address) as the applicant for Case No. WA -10 -11 , hereby certify that I have posted the sign for Public Notice at 3861 Moore Street (location) on this 10` day of December 2010, 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: gil- 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 03885 �I 03882 03881 j 00880 03885 { 03675 ------ ............ ..... __.._ F 3880 - - - - -__ - 03872 03871 w 03870 03875 I TV 03875 - 10605- 03862 03861 03860 03865 L.- w l - - - - -- 10451 - -- - 10605 I2 10595 10505 10475 10425 10640 105801 10570 10560 T 10490 10471 BOYER DELBERT G JR BOYER YOLANNA S 3870 MOORE ST WHEAT RIDGE CO 80033 APALACIO GILBERT B 3871 MOORE ST WHEAT RIDGE CO 80033 RENDON GEORGE RENDON DONNA L 3872 NELSON ST WHEAT RIDGE CO 80033 WRIGHT KATHLEEN C WRIGHT JAIME C 3860 MOORE ST WHEAT RIDGE CO 80033 MAES JONATHAN MAES LAURA 3862 NELSON ST WHEAT RIDGE CO 80033 HAWKINS FAMILY TRUST 10475 W 38 PL WHEAT RIDGE CO 80033 BORO JEANETTE G 10505 W 38 PL WHEAT RIDGE CO 80033 ORCHOLSKI JANINA A ORCHOLSKI JANINA ANN 10595 W 38 PL WHEAT RIDGE CO 80033 HELM WILTON HELM JUDY M 320 OLD Y RD GOLDEN CO 80401 6q 7010 0290 0001 3035 4650 7010 0290 0001 3035 4667 7010 0290 0001 3035 4674 7010 02 90 0001 3035 4681 7010 0290 00 01 3035 4698 7010 0290 0001 3035 4704 7010 0290 0001 3035 4711 7010 0290 0001 3035 4728 7010 0290 0001 3035 4735 a s City of `(., Wheat�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE December 10, 2010 Dear Property Owner: This is to inform you of Case No. WA- 10 -11, a request for approval of a 1 Vz foot variance to the 5 foot side yard setback requirement for a garage on property zoned Residential -Two (R -2) and located at 3861 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 December 20, 2010. Thank you. WAI01 Ldoc w .cimheatridge.co.us NE 21 505 N N i AA A -1 5T, wnz /�v " •� ;R-C" r I. PCD f .R : R -2 ,s • 'Vy Y -80 28 � .;yYJ2 -2-19 ,- 13LEVINS 5 5U6 C -1 R-1 R -1 PRD wzas4z WZ -06] A -1 A -1 OFFICIAL i sm ZONING MAP WHEAT RIDGE COLORADO NE 28 C -1 � PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) -- WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100 -YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SE 21 0 ICO ZOO 'CC 400 Fccr. WXG1 Cm 1 DEPARTMENTOF _ MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 a tl� S � V M J d y 3 b C., Y v� a' y+ S N r s ll yS S s CV L ,Col /rlcUU5r & a /W -j�f�Z �/` a i at i. got 7 Coo --76a -0fFFlz W/ V�A r TILaX C O JWw�- .�-'�Pr t�/ 1Z f: � �fv / yu.�tnJX i i P I k T fl . Qcadra'rA 6 % a v)cv�e t kA o 0 -�q Ej to tl qj eo Td a -4 1 9 14 IV F: c . �_ __ ��_- ', � f:s G r..s f,.... ' . .,. 'S ., , e'ov�ay�, 3861 Moore Street — Variance Request Request 30% variance of Sec. 26 -207 to allow permission to build a garage within 3.5 feet of South side property line at 3861 Moore Street. The requested variance would place the garage 13 feet from the neighbor's house. Fire rated walls would be provided to the extent required by the applicable building code. The elevation of the garage is lower than either the house on the property or the neighbor's house. Statistics: Lot size: 7617 sq. ft. House setback from curb: 32 ft. 8 in. Proposed garage setback from curb: 45 ft. 8 in. Separation between proposed garage and house: 3 ft. Proposed garage setback from South (side) property line: 3.5 ft. (30% variance) Separation between proposed garage and neighbor's house: 13 ft. House elevation: 16 ft. Neighbor's house elevation: 16 ft. Proposed garage elevation: 13 ft. Criteria: A. A two car garage is generally considered the minimum practical configuration in our current culture. The proposed garage is 20 feet wide, which is the minimum practical width for a 2 car garage. B. Many other properties in the neighborhood have added a garage at various points in the last 50 years. The architecture of the garage is intended to fit into the look of the neighborhood. C. The garage adds significant value and usability to the occupants of the house, and thus value to the property. D. The only alternative would be to place it behind the house, which would significantly reduce the back yard size and require removal of a mature tree. Both of these would have an undesirable impact on both the property and the neighborhood. E. The situation isn't of recent creation. The house was built in 1958 and has remained substantially unchanged for 52 years. Meanwhile two car garages have become an expected norm. F. The impact of the variance is diminished by the fact that it is lower in elevation than surrounding structures on both sides and is set back from the road 45 feet. The neighbor's house would still be 13 feet from the garage, and it is the back side of their house in an area witl4uin mal S n&70)1 windows. G. All lots in the neighborhood are 64 feet wide or less and most of the width is taken up by the house, making it difficult to locate a garage. Some had attached garages when built, but only single car. H. The garage itself presents no barrier to a disabled person, nor does it add any additional barriers to the property as a whole. The property was not designed with disability in mind. I. Yes. r d �� y � �, 3'0 ❑ ° � s � v; � mo 3 rs.8 cl on 0, fS O M 'd ' p O 3 ^ y °i O i � Ms U r V 47 F m t O m TU of N .- O� y O a m X 0 c C7 U 0 y N 0 `o LL. o y 3 v `� �. ° —° 4 .. v v ai >o h Q c r m U U O C'4 O O v O �, w U y U C C_ C C w+ w O mK 'a y • Y y a. 4- ca i y to . 0 a. C C V] 0 C .,y c3 0° w w .y 'a y y G W O b N eh my N 'n 'R +� v ° 06` } a v w " '" 3 d W 7 Y N ao °1 c 0 O m 7 a1 ° cad .L v ° O ' ��j] •n + w M��m G � �J y.?�.sr�� o ° � �b � � � 3� °°° H o a =r�. ° • CO N�� O 0$v "W YG`o >�C7daW °a 06 D. N u 5 U ° a ai ° y 'F� a£i N v 44 o o c v y Cl y r= ° F fit ' a 5n y o, Z 7 o., "IV Y y .. V 7 w U N U m . ."c N d O r�i •a y U •° ° `` y a ❑ a y O -.. a> C �, 3 Y ,,,y > a+ �.., O c� M •s �r..3' Eo Y L] CJ W a. om� w ° od$�c a yc.>�"e ¢� b G v c° 00 3 c W 0 0 - Y es x Qq a vo d Y gZa Ch c a > sa g a ° U a v ao oOc AC7 �° G ai ° as v U p m 80C Mo 3 °3s Za��a�° �ai> �c0 Y g Cd O R L7 z b y xi y w a a v1 n 00 c :7 c� W O ° O ai a C o LTl a U v y _ y b ~ O O Y ° V ° O (ll +1 ° O • a • a M (� Y N V Vl >`� viL7 vi `� cQw ° .E a pd� 0 O d a O O � U O O d � O a Im n C4 a O O N .4 C 0 Id b w b �o 0 CS U e a r N U b c� v z H a N .y U rM G i Ali .+ wh 0 D / a. f WHEATRIDGE (MANOR THIRD FILING BEING A SUBDIVISION OF A PORTION OF THE SWI /4 OF: THE SEV4 OF SEC. 21,T3S, R69W OF THE 6TH P.M. i JEFFE COUNTY OF STATE • A UNPLATTE D NW COR. SW %4 SE %4 SEC. 21 ES 645.29 .. 128,15' 1 t PROTECTIVE COVENANTS 117.V { '' Ii w,v PROTECTIVE COVENANTS FOR THIS S r D- IVi.SION ARE R- ECORDFD IN BO /Al PAGF o - 1 -OK JEFFERSON COUNTY RECORDS. f . w 2 1 w z ('r 3 i 28 NOTES 4 E DIMENSIONS AT ROUNDED CORNERS ARE 5 TO THE INTERSECTION OF LOT I-INES EXTENDED. 26 6 I ca 25 1 RADII AT STREET INTERSECTIONS ARE 15. t Id EASEMENT RUNNING EAST AND !WEST IS � { ,D 23 .FOR DRAINAGE DITCH. 9 M 22 10 wz l0' EASEMENT RUNNING NORTH AND z SOUTH IS FOR UTILITIES. d I 1 = z 20 i 0 ' w _j '" 4 19 W ta 13 I cn z 14 w t 17 4 15 16 a E 7 � a 42.53 � UNPLATTED 041.b4 APPROVALS APPROVED BY THE EFFERSON COUNTY PLANNING COMMISSION THIS A 0 m4gclA ....__ 1957. CHAIRMAN SECRET RY THE FOREGOING; PLAT IS APPROVED FOR FILING AND CONVEYANCE OF THE PUBLIC WAY ROADS AN STREETS SHOWN THEREON IS ACCEPTED BY THE COUNTY 'OF JEFFERSON. COLORADO, THISJJ OF 1957. SUBJECT TO THE FOLLOWING CONDITIONS THE COUNTY SHALL UNDERTAKE MAINTENANCE OF'ANY SUCH PUBLIC WAY, ROAD OR STREET ONLY AFTER CONSTRUCTION OF SAID PUBLIC WAY, ROAD OR STREET HAS BEEN SATISFACTORILY COMPLETED BY THE SUBDIVIDER. BOARD OF G4 C04MIS5IQ.N R S, CLItRK CHAIRMAN f NE COR, S W�4 SE14 SEC.21) 263.94' . . • • • ' ­, 117.V { '' Ii w,v .v o - 1 30 2 1 29 �� 3 i 28 4 E 2? 5 26 6 I I 25 7 24 8 { ,D 23 9 I 22 10 wz 21 I I 1 w � 20 AD 12 it 19 13 I 18 14 ( t 17 4 15 16 UNPLATTED 041.b4 APPROVALS APPROVED BY THE EFFERSON COUNTY PLANNING COMMISSION THIS A 0 m4gclA ....__ 1957. CHAIRMAN SECRET RY THE FOREGOING; PLAT IS APPROVED FOR FILING AND CONVEYANCE OF THE PUBLIC WAY ROADS AN STREETS SHOWN THEREON IS ACCEPTED BY THE COUNTY 'OF JEFFERSON. COLORADO, THISJJ OF 1957. SUBJECT TO THE FOLLOWING CONDITIONS THE COUNTY SHALL UNDERTAKE MAINTENANCE OF'ANY SUCH PUBLIC WAY, ROAD OR STREET ONLY AFTER CONSTRUCTION OF SAID PUBLIC WAY, ROAD OR STREET HAS BEEN SATISFACTORILY COMPLETED BY THE SUBDIVIDER. BOARD OF G4 C04MIS5IQ.N R S, CLItRK CHAIRMAN f NE COR, S W�4 SE14 SEC.21) 263.94' . . • • • ' ­, cv 1 w U) ­1 w 3 U- 0 cn w 0 4 in a _ U- 0 w z w N 1 w w { w I� N w _z J h Q til Ip I 263.94 DEDICATION KNOW ALL MEN BY THESE PRESENTS; THE SECURITY INVESTMENT COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF COLORADO WHOSE PRESIDENT IS GRACE T. HOMER AND WHOSE SECRETARY IS DONALD K. WARNER, BEING THE OWNER OF THE FOLLOWING DESCRIBED TRACTS OF REAL PROPERTY SITUATE IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, TO -WIT; A THE EAST 5 ACRES OF THE WEST 1 / 2 OF SWy OF SE-' EXCEPT THE„ SOUTH 302' OF SAID EAST 5 ACRES, AND EXCEPT THOSE PORTIONS DESCRIBED IN BOOK 699 PAGE 71, AND IN BOOK 938, PAGE 447, JEFFERSON COUNTY RECORDS B THE WEST 4 ACRES OF THE EAST Y2 OF Sys %4 OF SE %4, EXCEPT THE SOUTH 302' OF SAID WEST 4 ACRES, AND C THE WEST 8 ACRES OF THE EAST 16 ACRES OF SW %4 OF SE �4, EXCEPT THE SOUTH 302' OF SAID WEST 8 ACRES, ALL IN SECTION 21, T 3 S, R 69W OF THE 6TH P.M.; HAS LAID OUT, SUBDIVIDED AND PLATTED INTO LOTS, BLOCKS, TRACT, STREETS AND AVENUES AS SHOWN HEREON UNDER THE NAME AND STYLE OF WHEATRIDGE MANOR THIRD FILING AND DOES BY THESE PRESENTS GRANT AND DEDICATE TO JEFFERSON COUNTY, COLORADO, IN FEE SIMPLE, ALL SUCH STREETS AND AVENUES, THERE IS RESERVED TO AND FOR THE USE OF ALL PRESENT AND FUTURE OWNERS OF LOTS IN THIS SUBDIVISION AN EASEMENT OVER AND ACROSS SAID LOTS AT LOCATIONS SHOWN ON THE ACCOMPANYING— PLAT FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF UTILITIES AND DRAINAGE DITCH. IN WITNESS WHEREOF, THE SECURITY INVESTMENT COMPANY, HAS CAUSED ITS CORPORATE NAME TO BE HERETO $UBSCRIBED BY ITS PRESIDENT AND ITS CORPORATE SEAL AFFIXED AND ATTESTED BY ITS SECRETARY THIS S DAY OF 1957, *''��" ATTEST THE SECURITY INVESTMENT COMPANY BY r PRESIDENT r / . ',. �;., .• ti� STATE OF COLORADO , �1�v���� . u �^ COUNTY OF JEFFERSON w THE ABOVE AND FOREGOING MAP AND DEDICATION OF WHEATRIDGE MANOR THIRD FILING WAS ACKNOWLEDGED BEFORE ME THIS -,5 DAY OF �ycx f�l 1957 BY GRACE T. HOMER 4 AS PRESIDENT AND DONALD K. WARNER AS SECRETARY OF THE SECURITY INVESTMENT COMPANY, �A A CORPORATION. MY COMMISSION EXPIRES 4 ' NOTARY PUBLIC ' ATTORNEY'S CERTIFICATE I ALDO G. NOTARIANNI, AN ATTORNEY AT LAW DULY LICENSED TO PRACTICE BEFORE COURTS OF RECORD OF COLORADO DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE OF ALL LANDS HEREINABOVE DEDICATED AND SHOWN UPON THE WITHIN PLAT AS A PUBLIC WAY, AND THE TITLE TO SUCH LANDS IS IN THE DEDICATOR, FREE AND CLEAR OF ALL LIENS AND ENCUMBERANCES. DATED THIS DAY OF M AR CH 1957 SURVEYOR'S CERTIFICATE 1 C. R. COSTIN, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY OF WHEATRIDGE MANOR THIRD FILING WAS MADE UNDER MY SUPERVISION AND THAT THE ACCOMPANYING MAP ACCURATELY AND PROPERLY SHOWS5" n+� SAID SUBDIVISION. DATED THIS_ DAY OF 4 1957 �• m v REGISTERED "LAND SURVEYOR CLERK AND RECORDERS CERTIFICATE ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, THIS t 22 DAY OF 1957 17; /O.' /S h'j CLERK AND RECORDER 3 , 41 ST. AVENUE &1, dt' _ b� o - 1 cv 1 w U) ­1 w 3 U- 0 cn w 0 4 in a _ U- 0 w z w N 1 w w { w I� N w _z J h Q til Ip I 263.94 DEDICATION KNOW ALL MEN BY THESE PRESENTS; THE SECURITY INVESTMENT COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF COLORADO WHOSE PRESIDENT IS GRACE T. HOMER AND WHOSE SECRETARY IS DONALD K. WARNER, BEING THE OWNER OF THE FOLLOWING DESCRIBED TRACTS OF REAL PROPERTY SITUATE IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, TO -WIT; A THE EAST 5 ACRES OF THE WEST 1 / 2 OF SWy OF SE-' EXCEPT THE„ SOUTH 302' OF SAID EAST 5 ACRES, AND EXCEPT THOSE PORTIONS DESCRIBED IN BOOK 699 PAGE 71, AND IN BOOK 938, PAGE 447, JEFFERSON COUNTY RECORDS B THE WEST 4 ACRES OF THE EAST Y2 OF Sys %4 OF SE %4, EXCEPT THE SOUTH 302' OF SAID WEST 4 ACRES, AND C THE WEST 8 ACRES OF THE EAST 16 ACRES OF SW %4 OF SE �4, EXCEPT THE SOUTH 302' OF SAID WEST 8 ACRES, ALL IN SECTION 21, T 3 S, R 69W OF THE 6TH P.M.; HAS LAID OUT, SUBDIVIDED AND PLATTED INTO LOTS, BLOCKS, TRACT, STREETS AND AVENUES AS SHOWN HEREON UNDER THE NAME AND STYLE OF WHEATRIDGE MANOR THIRD FILING AND DOES BY THESE PRESENTS GRANT AND DEDICATE TO JEFFERSON COUNTY, COLORADO, IN FEE SIMPLE, ALL SUCH STREETS AND AVENUES, THERE IS RESERVED TO AND FOR THE USE OF ALL PRESENT AND FUTURE OWNERS OF LOTS IN THIS SUBDIVISION AN EASEMENT OVER AND ACROSS SAID LOTS AT LOCATIONS SHOWN ON THE ACCOMPANYING— PLAT FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF UTILITIES AND DRAINAGE DITCH. IN WITNESS WHEREOF, THE SECURITY INVESTMENT COMPANY, HAS CAUSED ITS CORPORATE NAME TO BE HERETO $UBSCRIBED BY ITS PRESIDENT AND ITS CORPORATE SEAL AFFIXED AND ATTESTED BY ITS SECRETARY THIS S DAY OF 1957, *''��" ATTEST THE SECURITY INVESTMENT COMPANY BY r PRESIDENT r / . ',. �;., .• ti� STATE OF COLORADO , �1�v���� . u �^ COUNTY OF JEFFERSON w THE ABOVE AND FOREGOING MAP AND DEDICATION OF WHEATRIDGE MANOR THIRD FILING WAS ACKNOWLEDGED BEFORE ME THIS -,5 DAY OF �ycx f�l 1957 BY GRACE T. HOMER 4 AS PRESIDENT AND DONALD K. WARNER AS SECRETARY OF THE SECURITY INVESTMENT COMPANY, �A A CORPORATION. MY COMMISSION EXPIRES 4 ' NOTARY PUBLIC ' ATTORNEY'S CERTIFICATE I ALDO G. NOTARIANNI, AN ATTORNEY AT LAW DULY LICENSED TO PRACTICE BEFORE COURTS OF RECORD OF COLORADO DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE OF ALL LANDS HEREINABOVE DEDICATED AND SHOWN UPON THE WITHIN PLAT AS A PUBLIC WAY, AND THE TITLE TO SUCH LANDS IS IN THE DEDICATOR, FREE AND CLEAR OF ALL LIENS AND ENCUMBERANCES. DATED THIS DAY OF M AR CH 1957 SURVEYOR'S CERTIFICATE 1 C. R. COSTIN, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY OF WHEATRIDGE MANOR THIRD FILING WAS MADE UNDER MY SUPERVISION AND THAT THE ACCOMPANYING MAP ACCURATELY AND PROPERLY SHOWS5" n+� SAID SUBDIVISION. DATED THIS_ DAY OF 4 1957 �• m v REGISTERED "LAND SURVEYOR CLERK AND RECORDERS CERTIFICATE ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, THIS t 22 DAY OF 1957 17; /O.' /S h'j CLERK AND RECORDER 3 , 41 ST. AVENUE &1, dt' _ 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) t1 lA I_.�2u p L 1 I y, Address ' ou Y ,`� Applican c Phone 4 . city y ra J pp Stat ►� tr rl CC) Zip �jV 4 01 Fax Owner s �LL0.� �Arh Address ��Q 01A y R Phone 4-�� City te Qn \ � ,' H 11 `1 State CO Zip 929401 Fa( t1i3)�SN— !6(o Contact — W t14VYx Ov .J�4 Arn Address 3026 01 y iz Phone - Sia&-ss2 City & c�1d�n State () Zip S � rl.t )I Fa L03) 4) (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): St 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 Jl Variance /Waiver (from Section 26 - 2 • Other: Required information: Assessors Parcel Number: 0 q} (pq 6 Size of Lot (acres or square footage): '7 (dl Current Zoning: — y Proposed Zoning: QC Current Use: 54l na-t n ,,,; J &,e Proposed Use: ,u /p_ 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 from the owner which approved of this action on his behalf. Signature of Applicant EUNICE K 89WARD NOTARY PUBLIC STATE OP COLORADO To be filled out by staff: Date received �d-/ / /�6 Comp Plan Desig. Related Case No. and sworn to me this day of 20 / c Notary Public My commission expires ©le e Fee $ Receipt No. Zonin d- Pre -App Mtg. ate — Case No. W —/Q —�/ Quarter Section Map SC Case Manager City Of Wheatf d, 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: Moore sr 6c, c Project Location: 3Y (1 TY) 0 ore S T i Applicant: A m Date: 1112-7-12-0 t-u a"W F 2i dI A ,Co X0 Project Planner: +-, Fee Paid: Info tion to be submitted and accepted with variance applications Plan: Completed, notarized application 2. Fee -101 Proof of ownership (deed) ^' 4. Power of Attorney (if an agent is acting for property owner) V5. Written request including justification for this request as responses to the evaluation criteria -Z6. Surveyor Improvement Location Certificate for the property. L/ 7. 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 nd ) full review, I will be i subject to the applicable resubmittal fee. Signature: /1 Date: 12A Name (please print): Phone: 303_5 a ( 2-2-2 Rev. 4/10 www.ci.wheatridge.co.us c6a LAND USE APPLICATION FORM f , , g C0Ai,A tUNm DEVELOPMENT 12/10/10 2:13 PH cdbb Case No. WA1011 Date Received 12/9/2010 Related Cases r Case Planner [ Mikula� Case Description 1 /2 ft. variance to the 5 ft. side yard setback for a garage 01/05/11 4:33 PM cdba I slppdaarrf Irzh�rs�a�ii6xr JUDY HELM Name Judy H elm Name Phone (303) 526 -5222 J AMOUNT Address 320O10Y City [Golden State 1C0 Zip 80401 —� FMSD ZONING APPLICATION F 208.80 RECEIPT NO:CDA005456 AMOUNT Name Wilt &Judy Helm ] Name r Phone (303) 526.52227 FMSD ZONING APPLICATION F Address 320 Old YRd. � City Golden State CO Zip 50401 - Ce�facf Jlrinvmrahaxr PAYMENT RECEIVED Name ( Wilton &Judy Helm Name Phone [3031526 -5222 188.08 Address 320OWT — Fl City IGolden State rn Zip 80401 - 288.08 J3o1i?afInA ma.br - -- TOTAL Address 3861 _ —= Street MooreSt City Wheat Ridge State [CO] Zip i 8003� vl Location Description �— Project Name F PAYMENT RECEIVED L_ Parcel No. 39. 214 -10 -010 Qtr Section: SE21 District No.: III v IJerres�^s TOTAL 280.00 Pre -App Date _� Neighborhood Meeting Date App No: Review Type Review Body Review Date Disposition Comments Report ^' [Revi v . Admin v J L_ Deadline to object 1 2/20/10 1 ❑O —. - — __ - -� El i Record: CITY OF WHEAT RIDGE 12/10/10 2:13 PH cdbb CITY OF WHEAT RIDGE JUDY HELM 01/05/11 4:33 PM cdba JUDY HELM RECEIPT NO:C ➢11805563 AMOUNT FMSD ZONING APPLICATION F 208.80 RECEIPT NO:CDA005456 AMOUNT ZONE FMSD ZONING APPLICATION F 180.00 ZONE PAYMENT RECEIVED AMOUNT FMSD ZONING REIMBURSEMENT 188.08 CK 2366 288.08 ZREIM TOTAL 208.88 --------- -- -- ----------- ----- ---- - - - - --- PAYMENT RECEIVED AMOUNT CK 2157 280.00 TOTAL 280.00 City of `6 Wheatl g COMMUNITY DEVELOPMENT Memorandum TO: Ken Johnstone, Community Development Director FROM: Lauren Mikulak, Planner I DATE: November 29, 2010 SUBJECT: Potential Administrative Variance for 3861 Moore Street The owner of the single family residence at 3861 Moore Street has proposed construction of a 2 -car detached garage. The proposal requires a 30% (1 %z -foot) variance from the required 5 -foot side yard setback for a garage in R -1 B. Before submitting an application fee, the owner has requested a preliminary evaluation of the variance request. This memo contains a summary of the existing and proposed conditions, as well as a brief analysis of the variance criteria. After reviewing this memo, please provide input as to the likelihood of approval of a 30% (1 V2-foot) variance from the required 5 -foot side yard setback. Summary of Existing and Proposed Conditions The property located at 3861 Moore Street is zoned Residential -One B (R -1B). The parcel has an area of 7,257 square feet and currently contains a one -story single - family home with no garage or storage shed (see Exhibit 1). According to Jefferson County records, the house was constructed in 1958. On the south side of the home, there exists a concrete driveway with access to Moore Street. The drive is approximately I 1 feet wide at the street and narrows to about 8 feet in width at the opposite end. The applicant would like to construct a detached 2 -car garage on the end of the existing driveway. The proposed garage is 20' x 20' and would be centered within the 26 '/a feet between the home and the southern property line (see Exhibit 2). The area of the lot -7,257 square feet —is less than the minimum lot size (7,500 sf) for single - family homes in R -1B, however the lot's width of approximately 63 feet meets the 60 -foot minimum. Despite the nonconforming lot size, the total building coverage with the proposed garage would be 16% well below the maximum 40% allowed in R -1B. Variance Criteria The potential applicant has supplied site plans and responses to the variance criteria; below is an initial analysis of how each criterion is fulfilled. 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 continue to function as a single- family residence, 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 variance is not likely to alter the character of the locality. The R-113 zoning allows for detached garages, and several homes along Moore Street have existing accessory structures, including detached garages and sheds. The architectural style of the proposed garage is compatible with the character of the area, and the material selections match neighboring accessory structures. A number of other properties on the north end of the same block have reduced side yard setbacks for accessory structures. • A property 11 lots north -4061 Moore Street has a legal nonconfonning 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 no. WA- 03 -14) located at 4091 Moore Street. • In 2006, a 2 '/a -foot setback variance was approved for a carport at 4021 Moore Street (Case no. WA- 10 -06). Additionally, an R -1 B property to the west 3892 Nelson Street (Case no. WA- 06 -08) was granted variances for side and rear yard setbacks in 2006 for a detached garage. 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 applicant is proposing a substantial investment in the property, which would not be possible without the variance. A detached two -car garage is expected to add value to the property. While a one -car garage would not require a variance, this alternative would not be as substantial of an investment. It is typical that contemporary home buyers or renters expect covered parking for more than one vehicle. An attached two -car garage is a second alternative that may not require a variance, but this option is likely a cost - prohibitive investment. 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 location of a mature tree in the property's rear yard restricts alternative site arrangements for the proposed two -car garage. The property owners recognize that putting a garage in the backyard would not require a variance, but they are reluctant to remove a healthy tree. Alternative placement would also eliminate a significant portion of usable backyard space for 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 hardship described above was not created by the current property owner or any person currently having an interest in the property. The current owner purchased the home in May 2010, and thus is not responsible for the existing conditions of 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 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 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 not cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. The garage would not increase the danger of fire. The Chief Building Official has confirmed that there are no building code issues or safety concerns related to the location of the garage and its proximity to other structures. It is unlikely that the request would impair property values in the neighborhood. The garage may in fact have a positive affect on the neighborhood by allowing covered storage of large items that are currently stored in the driveway and visible from the public right -of -way. 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. 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. Single family homes and their accessory buildings 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 single and two family dwelling units. Staff finds this criterion is not applicable Based on an initial analysis, it appears that an application to allow a 1 '/z -foot variance from the required 5 foot side yard setback would meet a majority of the criteria. If the variance is approved, the following condition is recommended: - The design and architecture of the proposed garage be similar in character to the existing house, subject to staff review and approval through review of a building pen-nit. Exhibit I Aerial of 3861 Moore Street Exhibit 2 Proposed Site Plan Nate feud -Fc:a ✓tea va '� �e. - � cr l < � . 7 2! 7 >: 2 14a E,4Y I :�