Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
WA-96-2
The City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO -80033. Phone-(303) 237-6944 Applicant~C.' -F s ~~ i ~2, 1 t' Phoneo~.~'~O`~ Owner ~jfV\~, (lS {'Q~~~pe, Address Phone Location of request ~ ~ ~ • L~S~ G~~~~, V~2_ ~~~pp (~ ,~ ~Q~ S S Type of action requested (check one or more of -the actions listed below which pertain to your request:) ^ Change of zone or zone conditions ianc Waiver - Site development plan approval Nonconforming use change Special use permit Flood plain special exception -- Conditional use permit interpretation of code _ Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous-plat 8 Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit- for specific requirements. ^ Other- ___ Detailed D cription of equ st ~ p t--~ a<.. ~ ~ s r ~+ List all persons and compahies-who hold "an'-interest in the described real_ property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE -r. caS +S1,a~GG-off ~-~ N~ ~ 1 ~~~~. k~ co a3 ~~c~~s _ _ . o ~. •- ~. ~ I certify that the information and exhibits herewith submitted are. true and correct to the best of my knowledge and that in f"cling this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested.action cannot ~ awfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. Signa'tu're -b£_. Applicant -- f!.iLG ~ /~/ Subscribed and sworn to me t ~~ay of 19 `S ~' ~ Notary Public ~Z SEAL ~ ~ GL~ f~CJO.2I ~:' My commission expires ~~'~3' ~d ~_ Date-Received ~ 27 Receipt NO. Case No. When Recorded Mail To: U.S. Bancorp Mortgage Company 1475 Lawrence Street, Suite 205 Denver, Colorado 80202 Above Thk Llne For Recording Dafa] DEED OF TRUST Loan Number 31818712 THIS DEED OF TRUST ('Security Instrument') is made on OCTOBER 20, 1993, among the grantor, T. CASEY GAI(AN and SHARON GAHAN ('Borrower'), the Public Trustee of JEFFERSON County ('Trustee'), and the beneficiary, U.S. BANCORP MORTGAGE COMt'ANY, which is organized and existing under the laws of TIIE STATE OF OREG(1N, and whose address is 501 SE IiAWTHORNE BOULEVARD, PORTLAND, OREGON 97211 ('Lender'). Bortower owes Lender the principal sum of ONE HUNDRED SEVEN TIIOUSANU AND 00/IOOths Dollars (U.S.S107,000.00). This debt is evWd`h ~ by Borrower's note dated the same date as this Security Instrument ('Note'), which providaa for monthly payments, full debt, if not paid earlier, due and payable on NOVEMBER 1, 20(18. This Security Instrument secures to Lender. (a) the repayment of Ore debt evidenced by Orc Note, with interest, and all renewals, extensions and modifications of the Note; (h) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants end agreemenLS under this Security Instrument and the Note. Far this purpose, Borrower, in consideration of the debt and the tmst herein created, irrevocably grants end conveys to Trustee. in trust, with power of sale, the Collowing described property located m JEFFERSON County, Colorado: LOTS, BIACK 11, PARAMOUNT HEIGHTS, PART ONE, COUNTY OF JEFFERSON, STATE OF CO[gRADO. which has the address of 11 HILLSIDE DRIVE, I,AKEWOOD, Colorado 80215 ('Property Address'); Iz'v Ode] Isaou. City] TOOLr7HPJ2 WITH aU We improvements now or hereafter eroded on Ote property, and all rbsemeats, appurtcnaoors, sad fizNres now or hereafter a part of the property. All replacements and additions shall also be wvered by this Security Iastmtamt. All of the forogoing is roferred to is this Saurity Instrument as the 'Property'.' BORROWER COVENANTS the! Borrower is lawfully seised of the estate heroby conveyul and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Bortower warrants end will defend generally the title N the Property against all claims and denunds, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covensnts (or national use sad non-uniform covenants with limited wriatioas by jurisdiction to constitute s uniform security instrument covering real property. UNIFORM COVENANTS. Borrower rand Leader covenant and agree as follows: 1. PBymmt of Prindpel and ]ntaretl; )?repnymenl and tale Charges. Borrower shall promptly pay when due the pnncrpal of sad interest on the debt evidenced by the Nate and any prepayment and late charges due under the Note. 2. Frmds for Texts and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Nnte, until the Note is paid in full, a sum ('Funds') for: (a) yearly taxes and assessments which may strain priority over this Security Instrument ss a lien on the Property: Cb) yearly leasehold payments or ground rests on the Property, if any; (c) yearly harard or property insurance promiutns; (d) ycarly hood insurance promiums, if any; (e) yearly mortgage insurance premiums. if any: and (f) any sums payable by Borrower to Lender, in accordeax with the provisions of paragraph 8, in lies of the payment of mortgage insurance premiums. These items era called 'Escrow ]tams.' Lender may, sl any time, collect and hold Funds in an amount eat to exceed the rcuzimum arrwunt a lender for ^ federally nlatal trwrtgage loan may require for Bortower's escrow eaount under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 5 2501 er seg. ('RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Ixnder may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due nn the basis of curtent data and reasonable estimates of expenditures of Nture Escrrnv Items or otherwise in accordance with applicable law. a ) n 5 a rr Form 3006 1791 ~ COLORADO-Single Femtly-Fannie MeelFreddle Mnc UNIFORM INSTRUMENT (r g'' (' p 8 ~) Amended 5191 oofhills /'9'~Q'\ arveyinq CITY OF WHEAT-RIDGE - 5C AREA IN ZONE C AREA OF MINIMAL FLOODING 2/4/88 THIS PROPERTY IS LOCATED IN CENSUS TRACT N0. 105.04 THIS IMPROVEMENT LOCATION CERTIFICATE DOES NOT -GO NSTITUTE A TITLE SEARChI 9Y FOOTHI L LS aURVE YtNG _. - _TO DETERMINE OWNEFlSHIP OR EASEMENTS OF - --- RECOHO. FOR ALL INFORMATION REGARDING EASEMENTS. RIGHTS-0F-WAY AND rITLE OF nEDORO FOOTIiILLS SURVEYING RELIED UPON THE lJOTEp _. _ -TITLE COMPANY ANO COMMITMENT Lb T Q- ~f,r0 ~' / // ~.. ~ E µ~ NA ' -r ' ENT JK .,. ~ / ~ 0 1 ~~ ,/J ~ ~, 9 r't C I ~ N ~`'~ 1 _ tF _ c ~ _ 3 'c I t_ _ _ r cf\ 1 ~~ ~ Im C 1~ C -r ~ ~~ F t ~i 1 4 aD..,o. N ~ _ _ _ i ~ I ~ ~• ~, ~ _ ~~ a w~ D4~ve ~ , --5~ UTi~,Z Y; EASG'~i SfJT ~ ~ -- -- ~ • 150 - - - GeiJa, Dp~vc r,/ rr //~~ (~ I\~ ~,~['l.p Cw,c»S t-ov i.JO, Poss E'SSfo/J uT~~.IrY G:G U. r. VCS VSGb ~p_ Lo(ATOUS, Lcr (.. NOTICE: According to Colorado Law you must commence any legal action based upon any defect in this survey within tlu•ee years after you first discover , such defect. In no event, may any action . based upon any defect in this survey be ', commenced more than ten a f ye rs rom Lot 5, in Block 14, in PARAMOUNT HEIGHTS PART I, the date of the certification shown according to the dimensions as found on the hereon. Legal Description: recorded plat thereof with the exception that the West line thereof is 69.7 feet in length, County of Jeffers6n, State of Colorado. I i hereby certify that this finprovement location certffioate was prepared for Gahan -Charter Bank and Trust that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement Ilnes. I further certify that the Improvements on the above described parcel on this dale, 10 /:I1 / 91 , except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdeningany part of said parcel, except as noted. owNER: Gahan -Charter Bank and Trust BY: DA'I Improvement Location Certificate 2345 South Federal Bivd. #195 Denver, Colorado 80219 Phone: 936-8$07 Scale: l ~!°'30 ADDRESS: 41 Hillside Drive TITLE co: Title America of Denver CASE No: NR11941 CERTIFICATE FEE: 75.00 18487 CERTIFICATE NO: NOTICE OF PIIBLIC HEARING Notice is hereby given, of a public hearing to be held before-the Wheat Ridge Board o£ Adjustment on January 25, 1996, at 7:30 p.. m., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All, interested citizens_are invited to speak at the public hearing or __„ submit written comments. The following petitions shall be heard: A. Case No. WA-96-1: An application by Rick Evans for approval of a 7' side yard setback variance_to-the required 15' side yard setback on property zoned Residential-One and located at 16 Hillside Drive. B. Case No. WA-96-2: An application by ,T. Casey and Sharon Gahan for approval of a 10' front yard setback variance to _.. the_required 30' front yard setback on property zoned Residential-One_and located at 41 Hillside Drive. - _ C. Case No. WA-95-33: An application by Holly DeRisio fo.r a 2' 6" side yard setback variance to the required 5' side-yard setback on property zoned Residential-Two and located at 4321 Dover Street. - Mar u Chapla~ Sec etary Wanda Sang, City Clerk To be published: January 11, 1996 Jefferson Sentinel • P.O. BOX 638 .TELEPHONE: 303/237-6944 The C%fy Of 7500 WEST 29TH AVENUE • - WHEAT RIDGE, COlO RADO 80033 ~ (T ~ 7~ea{- cRidge January 9, 1996 This is to inform you that, Case No. WA-96-2 _ which._s a_request for approval of a 1D` front yard setback variance to the required 30' front yard setback for property located at 41 Hillside Drive ; will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at _ 7:30 P.M on January 25, 1996 All owners and/or their legal counsel. of the parcel under consideration must be present at this hearing before the .HOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans; please contact the Planning Division. Thank you. PLANNING DIVISION "'I'lte~ C'trrlt~rtiun City„ W O O O W O 0 7J m P 912 401 528 p 912 4~1 527 p 912 4~1 529 CA m ~~ ~ ~ ~ O m m m 3 = a m ~t Fn i3 H+ ~ n ~ n f A q . vG {j 1''11 N g ~ K z ~ ~ ~ y 1~ 3 ~~ CR ~o <9 m ~ -n n \ ~:- - ~IF _ - ~ ~ ~ '~i m _ o C ~ v ~ a n ~ ~ i D r ` ~ °v ~_ H IMPORTANT . PLACE STICKER AT TOP tom: OF ENVELOPE TO - THE RIGHT OF RETURN ADDRESS. ,__ __ ~---°° .~ w~...-.. .m n ti~Y US+ D ~ ° 3 ~ ~-w ~oom n p A ~ 9 .T C pmm.. NNmp - fP !+~ I'+ m3 ~~ a a D g n ~ n a~? goo P QQ r ~ ~ ~; ~ a O ~ _ ~ $/ yy~ Fo ~O . ~m D ~ ~ ~. ~ ~ ~o P3 ~ ~ ° °~ m • ~ N 1 ' ~~ ~ ° f '^.orvo' ~~~ ~ ~ m i' C" m ~c~_ L 'mm 9 I gy W ' ' ~ ~ I n 41313 = ~ i d 0 m~ ' iti m 3 ~ u" w m . a ~ s ~a~ mao ~ _ ~~ 80,1 £~' NQo c a ~ ~ n '~ ~ g' -30, m ~' m Ctl C ,ya g ~ «~ sf ~ - ~~~ 1 9dx O1°a m ~3~ ~ °~ ' s o '- ~ ~ ~' ~ ? Q _ d = ~ a o ~ -~ a o O ~ n fJ ~ 1p ~ ~ n t~ 3 y ^ ^ ~ . m ~ m ,~ m m fU6= 31D~~ l . . K 7 7 , `~ ~ m a ~ . r < o ~ 1 -n o waN~g i •~ ~_ ~ O m ~ .. O N m ~ n ~ ~ ~ f lJ o m m t .D ~G N ~ ~ I ~ N N N N f .~ ~ A P 912 401 523 A ~,~ g m » s«, ,~ _ 1 ~ m.~3 dm~ - ~ m ~ ~ m - Y~ B ~A~ $w°Q ~ 2 T H ~ M ~ L" £'~~ ~Ceo _ {"p o W ano 0 ~~~ O ~ • • ~g~ ~ s w O ~ ~^9 ~ S ~ ~ Y3 ~ ~ ~ d. ~ ~ ' ' ~ 7I `~ # ~ $ o m 3 'o i ~ ~ ~ ~ , ~ m m , ~ Tyt F;y y S ~ 4 o z ~ ~' ° ° o ~ ~ £~ © ~.~a o n v ~# ~t {yp fX ~ m m ~`~ } ~ s' o 1~ ~ '9 o m R; 1 ii ~ o ,F k' '3 K ° a pg mF ~ a= ~ A m ~ s l ~~ e G9 ~ n 9 - J °y ~ -fo-3o d ~ $ ~ ~$ E 70 m >~" ~m ° an o c o a ur - - - a ~ V a ~ ~ ~ 3 ~ i o ~ ~ D P 912 401 524 ~ fig( ~ ~ o vas ~ 'UQ o ~ m ~ ~a~ Z n v a ~ m n m w TI ~' m ~ z __.. - u 3.-.m Jn. - O - E~~ o ~{ y- ~ nE~~~ OJ z y ~ W W I ~ ~.~~~ e~~9 0 pd ~ •i n 9 ]J= ~ NN ~ ~ ~~ m ~'~ I - - K }i M ¢ ^o~ non $ '6 v o ° " ~ ~ ~n ° c ~ a~ ~ ~ Nr, L L £° ' ^~ -~o yoo o I t7~ ~ O~ y a n o ~ r~" P V $a- ~ ~ `" ~ N ~ S' ~ ~m > ~ 9 ~ I _ ~ SS l a ~ d ~ tJ M O X45 y v~ ~ K < 0 . 0 N 3° m m 'o =~~~i m S m Ky _ F 5~ m ,. =QO T w _ ' ~ L+ ~ 4 f ~ 3 T ~ b'~~ o 0 ~ Ri_. u ~ °`°a m ~ m ~3m ~' I ca i ~ a m p p ~ m o r _ N a ~ ~ ~ m w _ ~ Q ~ e, a D ~ N ~ a ~ o a ti tD m .J1 Z ~ N' f. N _I ~ C ~ ^ ~ Ip ~ ~ r ~ RJ f. ~ m ~ a £ O -. N ~ n ~ ~, ~ S ~ - IMPORTANT. PLACE SICKER AT TOP OF ENVELOPE TO y ~ - m y n ~ .~. o ~ THE RIGHT OF RETURN AD_DRE SS. -~a9 p N ~ N. a ~ _ ~ ~ n m D ~ o m n m m G ' ~~N~~ m a N ~ `° r ~ --. N O 3 W I °o ~-_ p.. -r~ 0 T ~~ `F _ V !- -~ », 1 N !-, -. ~. ~~: ` p P' m ~,,,,, -~-to _--' - _- \\ .. __^~Q O - m Z F - ,mot ~~s / c m~ _ = C ~ y .._.. a - F. ~ -.,-._v k Z a_ ~-p~ ~,-_:m ~ a m m P 912 401 525 W~' M a3 p~J p, ~~ ~~ ~. ~ ~, ~ =~s i ~ m ~ Z ! ~ t 1~1`` ~ n 1 1 ~ vo ~ _ " n ~ ~ u io o $ Y T m > 2 m <O O y mD C ST N Z Z g ~ n ~ No I i SQ ~ l D~5 vOOZ y$ ~ "0 < ; O ~ I~ ~ f°~ "aaA ~ ~ m5 mT c3~., oT .A n~3«' ~ .. C ~ c ~NV °. ~3~ Hv ~. ~ t1 m ~ x R N ~m~ ~w, M{+f4r ~~+ ~ ~$ ~wa ~ ~ ~ - ~ °c v K ~~~ 3 a ~dv. ~d.B ~ ar ~' s N 4! !V o s? $ ~ _E~ 3 ~~~ ~ vF ~q_ z a ~~a %3m ~ ~ r$ ~ 1 m ~ o 'o _ ~ ~ 6 ~ 3 ~ ~ D o ~( l~l ~ ~ ..0 N n n IV f ~ t' c ~ ^ ~ to m m ° fiJ o' ~ 77 D N o m `~ y $ < ~ T r ~ a y A . N. N m~ ffl O ~' 3 m m a m r. ~ ~ ~ m ~ N p y f i D w m. fU o ~ a ~ Cn ~ ,~ ~ x s ~ N d ~ `{ t 1 ~ fi v O m _I n m -i C Z 70 ^m \/ m v --~ P 9'12 4~1 526 ~ w (JJ Z '' m m m CaC1 n Cn T -1 Z ~ K ~~ ~ n nm ° ~a s 9 m~ ~ ~ ~ o ~ v y m S 2 y m $ Y O n V ~v n m ( ~ ~ m C Km ' $ ~ q V p ZT 9 y9 N Z ~ 7 Z Z y p TN ~i ~ ;Z Gy 9 k r t? K µo o 1 a i ~ ~ W G~~~o •~~N ~ N D n-I~D~~npnp2 ~ ~ 1 0 ~~°m3' ~D33m ~ y1 ^ _ ~ ~~a ~~~ pI ~ m ~ a i }}ss ~ ~~E'. _. C a N y ~~o m~u~ 2 y ~ t~ ~. a _~,s ~~a a N # tl o S'~' ig ~~'~ $a° F.~a ~w^> '1 m ~ ~ 6 v_•• ao ~O='~ ~ 's a ~~ ~§ m ~ H M ~,a. o ' O ny mm o 4 N ~ ° o P3 i 6 ~ Imo 4 F ~ '3 ~ mfi$ o F ~= ~ =' ~~ ~ ~l o m W V A ~ ~ 3' n ~ ~ a m a D Z a ~ N m ~ m m ~ < V 7 (] S „ O N ..- o N f ~- m lU N ~ ~ 2 ~ C 3^ ~ 1p N ~ '~ y ~`I m i~t ~ I ~ ~ ~_, n ~ o w a ~ 7 J ~ ~ o y a_ N ~- ~ ~ TI r O N o m m ~ ~" m L--~ _ d am,_o _ Q ~ ~ py' o~ m cn ' o N o ~ a ~ ~ ~'~ ~,s Q (p N N (p ' CITY OF WHEAT RIDGE -_ - PLANNING DIVISION STAFF REPORT - - T0: Board of Adjustment DATE OF MEETING: January 25, 1996 DATE PREPARED: January 17, 1996 CASE N0. & NAME: WA-96-2fGahan - _ CASE MANAGER: Sean McCartney ACTION REQUESTED: An application-for the approval of a 10' front yard setback variance-to the required 30' front yard setback to allow-for the development of a 15' X 17' room addition. LOCATION OF REQUEST: 41 Hillside Drive _ _ NAME & ADDRESS_OF APPLICANT(S) T. Casey and Sharon Gahan _ __ __ .. 41 Hillside Drive Lakewood', Colorado 80215 NAME-& ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 16,650 square feet - .-.- -. PRESENT ZONING:- Residential-One - .. _ - -. - -- - PRESENT LAND USE: Single-family residential - - SURROUNDING ZONING:- N:__W:,E:_ and S: Residential-One _ SURROUNDING LAND USE: N, W, E; and S:-Single-family residential DATE PUBLISHED: January 11, 1996 DATE POSTED: January 11, 1996 DATED LEGAL NOTICES SENT: January 11, 1996 ENTER YNTO RECORD: ( ) COMPREHENSIVE PLAN-- __-_(XX) CASE FILE ~ PACKET-MATERIALS (XX) ZONING ORDINANCE __- (XX)_EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER _ - JURISDICTION: - - - -- -- _ - The property is within the_City of wheat Ridge, and all notification and posting requirements have been met, therefore; there is_jurisdiction to hear - this case. - Board of Adjustment Staff Report Case No. WA-96-2 - - - Page 2 __ -- - I. REQUEST. The applicant is requesting the approval of a 10' front yard setback variance to the 30' front yard setback requirement. to allow the construction of a 15' X 17' room addition to the :front-(east) portion of the property. The room addition, though no plans have been drafted, is proposed to enlarge an-existing bedroom and half-bath, to create a master bedroom and a full bath. The house currently has five bedrooms and two-and-a-half baths. - The residence sets upon an east to west down-sloping property.. The rear southwest portion of the. dwelling contains.a subterranean attached-parking garage with a concrete paved driveway which extends from the west rear property line to_the front property line. (east)-. The applicant's believe that a variance is needed because the front portion of the property is the only place they can construct the room addition without having to remove an existing mature maple tree located in the rear (northwest) of-the house. - II. CRITERIA _ - _ Staff. has the following comments regarding the criteria to evaluate. an application for an adjustment: 1. Can the property in question 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? Yes. The variance request is to allow the construction of an room addition to an existing residential structure. If denied, the existing residence may continue it's existing use, service sad income. 2. Is the plight of .the-owner due to unique circumstances? No. There aren't any unique or unusual circumstances. 3. If the variance were granted, would it alter the essential character of the locality? Yes. The surrounding dwellings in the neighborhood reside with the 30' minimum front yard setback's. Therefore, a room addition to the front of the property would alter the essential quality of the neighborhood. 4. Would the particular physical surrounding, shape- or "topographical condition of the specific property involved result„ in a particular hardship (upon the owner) as distinguished from.a mere inconvenience if the strict letter of the regulations .were carried-out? No. Although the applicant believes that the existence of a mature maple tree in the rear of the property forces them to construct the addition in-the front of the property and the need of a variance. Board of Adjustment Staff Report Case No. WA-96-2 Page 3 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning - classification? - Yes. Anyone may apply for the same type of variance; but the conditions may differ. 6. Is the purpose of the variation based exclusively upon a_ desire to make money out of the property? No. The proposed room addition is based solely on convenience, not profit. 7. Has the alleged difficulty or -hardship been created by any person presently having an interest in .the property? Yes. Because the room addition is based solely on convenience and not necessity, the hardship has bees created. 8. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. in which the property is .located? No. The granting of the variance would not be detrimental to the public's health, safety and welfare. 9. Would the proposed variation impair the adequate supply of .light and air to adjacent property or substantially increase the congestion in the public-streets or increase the danger-of-.fire or endanger .the public safety or substantially diminish or impair property values within the neighborhood? No. The approval of this variance would not have any impact on the surrounding neighborhood as it is to be developed outside of the sight distance triangle. IV. STAFF CONCLUSIONS Staff concludes that since this case is based on a speculative variance, and the room addition is based solely on convenience and not necessity, the need...- for_a variance is-not justified.- If Ehe variance is approved,-staff has. the following recommendation: 1. The room addition must be constructed with similar design standards and materials so as-the addition matches the existing structure.- i U~ IaILL`~ID~ J j 1 C t { S 1 t 3 I. ~' Y F F z ~ O ~ 1 ~ ~t 11 ~ ~', ~ a ~ ~ y V J -dC' S e q? I - ~ n, ~~~~ '~' I~ ,J r ~ ~. ~n 1' a r. ~~~ ~n / d r~oeewnGS;x on ~ o ~ `/ a I ~ ~ l = i ~I^ 1 i \'J B _ ~~- `\Y ~ e ~ is ~ ~ s ~~ ~ ~ , F 3uvv ~ ~ / ' J Q` ~ n ~ 3 a o - _ _ ° - - - J~rw.~a w...wwn~~~..~.,~~N14TX AYE ~.al~,.....Iw .,aw. ~!.~.~ ~~~.as ~: OFF I G I ftL .-. zoN=_ D~sr~;cT souND~Y ZONING MAP - FAROEL,LOT BOUND2Y (D._-SIGNAT'cs OWNE2sHiP1 WHE,°cT RIDGE __._ CITY L IM~T LICE GOLORPcDO ---- WA-=R =EAn;~e + RENOT~s M..iLTiPLE- ADD2ESSE5 S t. r N I~ ~~ ~~ ~<.« o ao rc» aae xo x~L= ~ ~~ D°Iv2~vT 0-r ?JJR+ING ADD YY36~9ti - 2'5-785: ~xulglT "a" ~stDE ~R'v~ I L ._~_....~-,. '_. p -y /~ U1 3 ''\~~1\''".[1 'ggam ((C~~ \ "per A. Q ~1 ~ - ui ~ 1 C~ '~ ~~ Z , ~ . F ~ 1 Q1 qq~ ~~ /sj U e 3 W ~_ lU J z a V ~~ PUBLIC HEARING SPEAKERS' LIST CASE NO• WA-962 DATE: January 25, 1996 • _ _. ___ - (January 30, -1996) REQUEST: An application by T. Casey and Sharon Gahan for approval of a 10 foot front yard setback variance to the required 30 foot front yard setback on property zoned Residential-One and located at 41 Hillside Drive. Position On Request; I , ' (Please Check) ' ~ , I i SPEAKER'S NAME & ADDRESS (PLEASE. PRINT) i IN FAVOR i OPPOSED~~ _ i ~~~ ~~7Gi/'c.e 171 / 'l7 ~ ' ' r , I I I ~ y/ ll; (lu~Q~ ~. i v~ ~ I ; , ~~ ~oa~s ~~ ~,~--- I I , I ,- I , , , , -i , , ~- I , F i 1 1 1 , 1 1 t I I __ - _ , _ ~ 1 I , 1 , 1 I ~ 1 _ _ _ - , ; , 1 i 1 l ViHEAT RIDGE BOARD OF ADJUSTMENT MYNUTES OF MEETING: Jaauary 30, 1996 Page 12 1. A viable code complying location on this property would appear to be achievable. 2. Arguments by the applicant as to drainage from paved surfaces was not persuasive as engineering Solutions are achievable. 3. No below grade habitable space would be in danger by runoff from the paved surfaces. Motion was seconded by Board Member ROSSILLON.-- Motion - carried 7-0. Resolution attached. C. Cade No_ WA-96-2: An application by T. Casey and Sharon Gahan for approval of a 10` front yard setback variance to :- the required 30' front yard setback on property zoned Residential-One and located at 41 Eillside Drive. Sean McCartney presented the staff report.- All pertinent documents were entered into record, which Chairman JUNKER accepted. No questions were asked of staff at this time. • The applicant, T. Casey Gahan, 41 Hillside Drive, was sworn in. Mr. Gahan said the reasons for the request is there .is a large 40 year old tree-in the back that they do not want to Cut down, and if_they did end up building in the back the neighbors to the north would be blocked of any sunlight they have to the porch. Mr. Gahan read a letter from his neighbor saying they have no objections to his request. Board Member HOVLAND wanted to know what is that area that is in the back, and Mr. Gahan replied the living room and dining room: The covered patio is more to the south. They are wanting to expand their bath and bedroom. Board Member ABBOTT stated that the applicant has a good view of the mountains from the rear of his house, and wondered wondered since a lot of people would just enclose the patio and get their space that way, why does the applicant feel that wasn't achievable. Mr. Gahan answered the kitchen is right off of that and enclosing the patio. would only give us about approx 7' x 8' addition. Board Member HOWARD asked where are the bedrooms located in relationship to the area that you want to enlarge, and Mr. Gahan said one bedroom and the bathroom are in that group, the rest are elsewhere. TAHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: January 30, 1996 Page 13 Board Member HOWARD wanted to know how far the neighbors house is from the property line and would the tree in the front have to be removed, and Mr. Gahan answered the house is- about 12 feet maybe, and yes, the tree in the front would have to be removed. Board Member ECHELMEYER asked if their 15 foot extend out- to the tree in the front of the house, and Mrs. Gahan replied yes. He asked if the house to. the south of the applicant was added onto or is that the way it was built, and Mr. Gahan answered he does not know. Board Member HOWARD asked the applicant if he had given any thought to putting the addition on the north side, and Mr. Gahan replied-another tree would have to be removed. Board Member ABBOTT stated his concern is with the rest of the neighborhood and an addition like this would change the general look of-the neighborhood for nothing other than a convenience. Mr. McCartney said he drove-the neighborhood and their were not recent additions on the block. He also checked the case file and there were. no cases that extend • any further that this house and what currently exists. From what Mr. McCartney could tell there is good distances on those front property lines. Mr. Gahan said there is one. house. on Skyline that has had a recent addition put on and it protrudes further than any other house. Board Member HOVLAND said between the architect of the house and the slope of the property, it seems to be the most sensible place for an addition, however he is concerned about changing the setbacks. It is a very nice neighborhood and all the houses look to have the same setbacks. Mr. Gahan commented that he would of thought if it was a glaring obstruction that one of the neighbors would .have come to complain. It was noted that no other complaints were received. Staff brought in an aerial photo of the area in question. Chairman JUNKER called for a five minute recess to discuss the photo. The meeting was reconvened at 9:22.p.m. Mr. McCartney said the garage to the south ha_s_ been measured and the setback is 47 feet. No further questions were asked. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: January 30, 1996 Page 1~ Motion was made by Board Member ABBOTT, that Case No. WA-96- 2, an application by T. Casey and Sharon Gahan, be DENIED the following reasons: 1.. The surrounding dwellings in the neighborhood reside within the 30' front yard setbacks, The room addition to-the front of the property would appear to alter the essential quality of the neighborhood. 2. The hardship would appear to be for convenience only and not for a substantial hardship. The house currently has 5 bedrooms and 2 1/2 baths.- 3. There would appear to be no reason why the logic used to grant this variance would not apply to_any similar property therefore, create an argument for variance - request with no more hardship demonstrated than convenience. Motion was seconded by Board Member HOWARD. Motion for denial carried 5-2, with Board Members HOVLAND and ECHELMEYER voting no. D. Case No. WA-95-33: An application by Holly DeRisio for a 2' side.-yard setback variance to the required 5' side-yard setback on property zoned Residential-Two and located at 4321 Dover Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ECHELMEYER asked if he-measured the 7.feet- distance from the east edge to where the fence would be, and he said no, that information was given to him. Board Member HOVLAND asked staff how this was brought to attention, and Mr. McCartney it was a code complaint. The applicant, Holly DeRisio, 4321 Dover Street, was sworn in. Ms. DeRisio said she believes there was a mistake when measuring the east side of the shed from the property line, it is not 7 feet; it is 5° 7". Ms. DeRisio said she did go around and talked to some of her neighbors and not one complained about this request. She added. since the property slopes down in the back, it is-hard to-even see the shed. • CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, 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 30th day of January , 1996. CASE NO: WA-96-2 APPLICANT'S NAME: T. Casey and Sharon Gahan LOCATION: 41 Hillside Drive upon motion by Board Member ABBOTT seconded by Board Member HOWARD the .following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-96-2 ___ is an appeal to this Berard from the decision of an Administrative - Officer; and WHEREAS, the property has been posted the required 15 days by law • and there WERE protests registered against it; and WHEREAS, the relief applied for MAY NOT 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 YT RESOLVED that Board of Adjustment Application Case No. WA-96-2 , be and hereby is APPROVED. TYPE OF VARIANCE: A 10' front yard setback to the required 30' PURPOSE: For the construction of a room addition FOR THE FOLLOWING REASONS: 1. The surrounding dwellings in the neighborhood reside within the 30' front yard setbacks. The room addition to the front of the property would appear to alter the essential quality of the neighborhood. 2. The hardship would appear to be for convenience only and not for a substantial hardship. The house currently has 5 bedrooms and 2 1/2 baths. • • Case No. WA-96-2 Page 2 3. There would appear to be no reason why the logic used to grant this variance would not apply to any similar property therefore, create an argument for variance request with no more hardship demonstrated than convenience. VOTE: YES: Abbott, Howard, Junker, Walker and Rossillon NO: Echelmeyer and Hovland DISPOSITION: VARIANCE DENIED BY A VOTE OF 5-2. DATED this 30th day of January, 1996. SUSAN JUNKER,!Chairman Mary ohapla, Secr Lary Board of Adj~istment Board o djustment •