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WA-96-24
The City Of _ _ ADMINISTRATIVE PROCESS APPLICP.~PION ~Theat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033. Phone (303) 237-6944 Applicant_ ~ E'q/~' ,~ s-ro /~ Address 3~'jj ~',¢ t~Z R ST Phone~/,2.2-~~.53 Owner Lam- Iyl £ Address Phone Location of request .~~/S (~' ,~ ~ J~ S' T U/LiF'/a-Tl~ / 17C' s ~ ~c7 Type of action requested (check one or more of the actions listed below which pertain to your request:) Change of zone or zone conditions Variance/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 8 Preliminary Miscellaneous plat Final ** See attached d l i Solid waste landfill/ proce ura gtii de mineral extraction permit -- for specific requirements. ^ Other Detailed Description of request" C Cd G ~- £ -•- y5 Vary . List-all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee,.'-optionee, etc. NAME ADDRESS PHONE /V!I' Dt? 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 aocomplislied. Applicants other than owne m st sub power-o -attorney from the owner which approved of this ac io on his a Signature of Applicant - ~ Subscribed anal'sworn to me this rg r day o£ ~~U~~_ 19 -~~ - _ ~`~` ~ ~ ~ C .~ JT ~ ~ . ~ Notar Public ~~ SEAL My commission expires '-( ~'~,1~_9~ Date Received (n,l~ -~ ~ Receipt No. _. Case.NO. ~J ---- . l :~=~ 560 ^"1i7A,,,~ln 4..... xY42r31 _ie 5G1 s"In.~u~ DR 13 8 59 NLCORDER7 RAWP I. ^ARrunrr DelDmloar T~JANT^ SFO ~ o~~. ' 71BS DEED 4• M •wvr/ w dal Mnr.Ar •r•IY +r11.~~••,,11Y '•IS^,°.. ~ ~n ~ N 14 •bpW w4 IY rY wl 1• r/ N •MII.1 r . Ihe•llq •~ „• Zc - pnr• N dly, W ••rY w•,1 4.MW V• rw•IW Wr w1Y r1 ° :N- . :.•Id u ••/ \• yYll•11• I.rlr, W 1. 1. 1••1 •w~lylY .\w i• ~ YI O r ••Iw •• •/.N., .Id I\• pMr ••dal a\••1N W d1N1•r, W rr M ~' ~ O V ~- Il wNUa Yn4.ubUY •0•eu•u d.w WrtW plr•1rcNL Ffl a r'.^ z 'i ~~ t rM dl• March 25. 1968 " ~ i \r.ra WILLIAM HENRY BONG AND LOU1S8 E. BOND ~~• F ~ C, /5 ~ p•rw, r1 EUGENE A. PASTOR and BONNIE J. PASTOR ' 1 analw. ' ^[iWP55lTN,IWU•pwlr,lr.•Iraw.Yw,Ir Ml\•w•Ilrt•14n rl W.e v.IW4.rYwWr, I•r111 .\r..l 1. ••\•w1./p1. ti dw p..rr Iw prl, WIJa, rIL •rq N •rIN. rl• d• Y ~•rllrraL dl d•i•14dy IwslMi wl p•MI•Nru YIM C•r1yJ Jef anon r11,•1• J C•4r1•. IMn ' The North 305 feat of the South 130 feet of the Eaat 60 feat of the Went 218.1 Peet of Block 11, LAKE-VIEW SUBDIYISION• E:capt Night op rq roaervad 1n Book /6 page 2q• being the prerlsea known a and wuabered 6295 Weat /Lt Avenue. _ 1 1 Sell ing Prlen /19.y00.00 '' TIXilTHER wld •B W •rpW d• \r.IW.ru W •hulrr•w d..•.u• MMyW, r Y qwW 1 .ry•n•r46 f TO HAVC ANO TO HOLD J• ••Y Iwl R•M^Y. •IJ d• ypurrcr, w• n• ^rlr.. n.t bin u1 ~ • rip• lxvr. AV n• Orw. Ix \M.dl, \4 Mt•. rwuw rJ d.44vnw Iw •nrrl b d w1J d• Irlr•, d•t bM r1 r•Ip•, du a J• 1 W d d• rwJ W W 1.11•p d dw 1•wm 4 4 w•H rlul d ~ W In.lr• d•r ungJ. 41w •V r. ••1 \r 1••1 d1\4 4d Nw•. rl L.Id nnrlq r uH w1 arvY J. r ..r•. ul 1«. •1.•••Y, ul a.l V• •r• r• t•. ••1 c4r Nu Jl lsr. W •du aru, wpr•. u4y Ur., w••. rr••rm nl ocukrc•. •1 v\•r•r lW w rlw, ••c•p ^•W. 11r•1 01•ub w•r ' ' r u 111 ••I/ M•Y^I 4 wlJr d• D4ule1 N JI• w lwqq 1 uu Idl•A d• Iw d Jb 1x1, •J r Mgr•1 Y•w. w1 •w•II d• prul r• Ir 11• c••,•r rl••1.• >a. Y•Y•\b f •rY I •m IJM4a IM 4w •1 dl• 4.1, W d• •No bp4d P.W 4 J• ~Jn r1 M•cW4 Y••rrlr d Y pour. JW 6N• d w ~ ~ ydrl Jl W •.rY Ywr . I•rr• 4.1•IIY eW.W r r cW. d• w\.4 r rY Fn d•1•J, V. pure •Il _., r/dll .ARRANT AND FOREVER DEFPND. I DI RRIEEI^NERLOpLL•Irlx\r\wu•w\4\W W~~w~IJ•I//cl rl Yr•Itx )•Nw..Nw. .• ~` = / ~ , ..~(., You ~~l I 19EAU RATE Dr CDIARADD. Clty and C•wY•1 Denver ) fR n.W.pWi./a+«rE.ti.pc\...Wa•IwW.rrl. March 25. 1968 til WILL{QP•IW+~'C49~i P and LOULSfi E. BOND ' NY erpi~I.~:.W~!iF:lf~l.ih 16. 1972 ' 7 e ,...~tji;.; ~' S.._t,.. , v I.. N•IrY pJ14 .::'~ijV?~;:7. I 2Q(Y7 2'73 tf?I ,I, 1'., ~I ^~~ic ...,,' '' M1 ft 1 f t TRANSAMENICA T11'i_E INSURANCE COMPANY _ _ _ _ _ 1~ - 7s' 18~ !yv' r~/6 • J~' GEy~ 1~AS , 0~2 ..~ g IS C ~ ~-'2 s 1 ~L~~,4-~~rn~~~ ca ~~.2 -Srs3 Q v~12~r4l~lGE /=c~72 S~~d~' C4A-~2A-6~ r .~©~ x 7 So~z~ c,v~s~ _ or~sPr/v~t2 ~ F Lo-~ .QE9l L~r'.cJG ~/o~s~ P.O. BOX 638 TELEPHONE: 303/237-6944 Th7e City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 G`~r heat Ridge August 8, 1996 This is to inform you that Case No. WA-96-24 which is a request for approval of 3'6" side yard setback variance to the 5'' side yard setback requirement to allow a private storage shed 18" from the side propert y line for erty located at 3815 Carr ro Street p p will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7-30 P.M. on August 22, 1996 All owners and/or their legal .counsel of the parcel under consideration mu be present at-this hearing before the BOARD 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 "The Carnation Cit,~~" ~3 53 6~ w cr ,_= _ __ ~ F- Gr w ~ ~"~ ~ ~ ~ 'SS3800tl Ol 3dOl3AN3 d0 Nkif113tl d01 ltl tlF ~ i ~ r W ~~'„ i ~~ ~ Q Q I . o Y ~ //~~~~ may t~J LJ I y , y ~ C Q 1~ N y C1 7 NI . , ~ ~ ~ ,°a ~~ ~ W °a ¢~ a a ~ i ~ e ~< "` ~ ~ ~ w s w=. . ,;.~~~ ~~ .,~r ~ µ~ -: .~,4 ~~. cps • ,~ e a GE -~ ~ 01Yoi ei Q~~ - O M ~ o° I F . O a a O ~ n Z . _ ~O - 6 m o ' ~11~ ~ m Q o ~~ A, ~i/ S U iwf Ln ~ V VIJ m d m N w l ~/~ -o N Q _ V ~ ~ ~ _ ~ ~ / (U^', O L n t .. { i f I _~~ L C C C C C C [n O .y~. (D n m .~-. 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N µ' . y ~ S W ~ (~ ~ ^0 ~ Q ~ N ~ ~' n a N N. r o < ~ a ~ < a m 'D W ~ `~ m ~ 3 _ __ ..... .~ _ - ~ _ W _N m ~ V ~ Q O ~ ~ lD -< y O m ~ ~ O a y ~, oa. ~'< a N `n 61 N "J rya 0 __._.~ __-N-_. ~ ~_` ~/ (/1 7J p /~ ~ n m, .L P 9b~ 413 944 ~ _ ~ ~' a , W 1° n O w 0 0 C Cn 0 v I ~ m (~ i n rt ~ m ~' ~.~ J ~~ l .--.~ m c w m I ~ ~. `~ I ~~ 1 I`~l _1~ P 96.0 413:945 _ _ ... ._._ ~ v o m Z - i m ~ ~ w O ~e ~~ ~1 +G3 4 er !t ~ ~ m os $ 9 o C ~ ~ ~ m °S O ~ T ~ m 3 r7 of T T, c~ ~ ?m g o ~ 0 m ~ <m < > H i g ~ ~a 9 oN ~ w r K ~ , o I O -o 3 co _~ i -.~ __~ 1 -` ~ _ 1 =- - - IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE 70 '--- - _ -- -_ I~ ~ _ THE RIGHT OF RETURN ADDRESS. ~~ N V `. _~ ~ ~ ~ __ __ ~ N N ~ ~ - Cn 7J oX~ ~, ~, .~ ~ ¢ ~ (p _ ._W .__~ _ :y_. y -~ ~ o'S ~m =. ~ > ~ m O ' _ ~ _ m .. r ~ A o ` ~ ~ ~ @ w ~ 3 ~ ~ ~ ~ ~ ~; N W W C! E o N w °~ ~ m ~ g; `~C ~g ~ ~ ~g} j7 a ' s' ° o ~ F ~~ - C: SS d a' ~ y ~ W ~' Q 3 t"' t~ F O y 9 ~ W a $ 6 ° ~ ~ ~ ~ m ~ ~ 3 3 n (ten ~ D O O Si GJ O C i ~ O ~ t 1 M 1' II T w I o C (n O m w () ~ ~^ ~~ 4I ~• Q ____--f P,960 413.946 N n M pP U ~ ~ m m m m x m y ~ ~ ~ a~ B n 0 0 ~~ 'a oy{ m m oo J o v as m ~ ~m z y () P 96D 413 94? N ~ A F fil < m c '~ -I O T -91 Z ~ a ! q 7~ ~ S~ r ~ m 'x o y y} ry O PA o~ ~ m m Ho o~ m ~ K of + o0 W a g a <; m~ ~~ ~ ~ ~n T ~ z a H ~ pg Ci ~v om ' " s ~ . (~ ~~ yy K~ O 0 y 3 x a °a m IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO I_ ~~~~~®,~~ THE_RIGHT OF RETURN ADDRESS _m_ __ O m' ~ w --3 ~ ~, W m a __ ~ a W _. - ~ ^7 ~ -_ ~ ~,f m . °~ ' `.. '~ 4 ` ~ u c ...' - a 3 _~_ n m C Q m, N Z D za < y m Vi D 6 Q ~ N N a: .. .. ,W a _: ~_ y. ~ ~ oY ~m n m A ~ = ~ ~ 0 ~ w y - g m ".~ 3 ~ ~ Ln ~ m 8 B 3 t^. + K ~ ~ _e_. ~ _, w ~ o i o R. M IC F o ~ o s L' F ~ ( &ff ~' 8 r, ~~ ~ a' ..^B ~ ~.~ ~. :: iS ~ ~ ~ v ? ~ m o ? °^ a m J ~ ~ ~ a w a Iei =. ~ 3 _ o ~ W ~ {%~ ~ ~ f^<^~J M ~ ~ ~ J L1 w Q m n' lD (~ '< N T m 0 n o ~ m 0 . Q a ? W ~ • • -~a ~~ • •N ^Y m _~' (~ A ~ - ~ o m ,~ ~ °n v o^ ~ R Y n rym n a' o' ~ o ~. ~ a d a ~ E o o ~n F ~ yy '_ S a 3 n 1p ~ n 3 a ~ ~. o ? ~ ~ H 3 ~ . ~ N q ' ry $ ~ ' C 7 3_. ~ p p~ n .O D ~ 0 ~ N ~ 0 f ~ _ ' 3 6 ^ m ~ SI ~~ o~ D ~ O ~ l fNl d < ~ ~1 W ti O ~ n 3 m . n y ~ S m^ S m O N' ~~ ~ a ~ t' t ~ o ~ Q m ~ N `G N ^3 N y d N CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board o4 Adjustment DATE OF MEETING: August 22, 1996 DATE PREPARED: August 9, 1996 CASE NO. & NAME: WA-96-24 /Pastor CASE MANAGER: Sean McCartney ACTION REQUESTED: Request fora 3'-6" side yard setback variance to construct a shed. LOCATION OF REQUEST: 3815 Carr Street NAME & ADDRESS OF APPLICANT(S) Gene Pastor 3815 Carr Street Wheat Ridge, Colorado 80033 NAME ~ ADDRESS OF OWNER(S) Same APPROXIMATE AREA: approximately 10,500 square feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Single-Family SURROUNDING ZONING: W:, N: $: and E: Residential-Two SURROUNDING LAND USE: N ; W:, E: Residential S• DATE PUBLISHED: August 2, 1996 DATE POSTED: August 8, 1996 DATED LEGAL NOTICES SENT: August 8, 1996 AGENCY CHECIO_IST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ( )NONE ENTER INTO 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 Page 2 Case No. WA-96-24 1. REQUEST The applicant is requesting a 3'-8" side yard setback variance to the 5' side yard setback requirement to allow the construction of a 210 square foot private storage shed. If approved, the shed will be placed 1'-8" from the southern property line. The applicant plans on utilizing the existing concrete driveway pad on the southwest corner of his property, in hopes of staving off any development on the remaining grass on the northwest of his property. When staff asked why the applicant couldn't place the shed on the north side of the garage (on the driveway pad), the applicant stated that there is only a 2' section of concrete remaining on the north and, there is an existing grade differential between the driveway and the yard. Section 26-15 (~ of the Wheat Ridge Code of Laws states that private storage sheds must have a minimum side yard setback of 5' from the property line. Additionally, Jahn Eckert, The Wheat Ridge Chief Building Official stated that there is a 3' setback from the property line to the structure, and encroachment into the side yard setback requires 1 hour fire-resistive material to prevent combustion from radiated heat (detailed Information may be obtained through the Wheat Ridge Building Department). Approval of this request will not encroach into any existing utility easements. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 1. Can the properly in question yield a reasonable return in use, service or income it permitted to be used only under the conditions allowed by regulation for the district in which it is located? Because the property in question is an existing residential dwelling, and the request is far additional storage on the property, the use, service and income would remain the same should the variance be denied. 2. Is the plight of the owner do to unique circumstances? There is no evidence that the plight of the owner is due to unique circumstances. There is plenty of buildable space on the northwest portion of the property. 3. M the variation were granted, would ti alter The esserdtal character of the locality? The construction of this shed on the southwestern portion of the property would be well shielded from nearby Carr Street. Because of this, approval of the variance, allowing the shed 18"from the property line, would not alter the essential character of the locality. 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? The only topographical condition of this property is the grade difference between the existing driveway and the yard to the northwest. Otherwise, neither the physical surrounding, shape, nor the topographical condition of the specific property results in a particular hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other properly within the same inning classification? Because the variation, as well as any other variation, is based solely on a site-by-site bests, the conditions upon which the petition Is based upon would only be applicable to a variation for this site only. All other cases would be reviewed individually. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Because the request Is for the development of a private storage shed, the purpose of this variation is not exclusively based upon the desire to make money. 7. Has the alleged difficulty or hardship been created by any person presently having an Interest in the property? Because the applicant has more buildable space on the northwest portion of the property, the hardship has been created by the applicant. 8. Would the granting of the variance be detrimental to the public welfare or injurious to other properly or improvements in the neighborhood in which the property is located? No, the granting of the variance would not be detrimental to the public 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? There exists a possibility that construction of this storage shed 18"from the adjacent property line may impair the adequate supply of light and air. Additionally, the possibility of fire danger is increased, unless the shed is built to comply with 1-hour fire-resistive material approved by the Wheat Ridge Building Department. WL STAFF CONCLUSION AND RECOMMENDATIONS As it relates to the above criteria, staff concludes that the findings do not support approval of this variance, due to the fact that the hardship was self imposed and no unique circumstances exist on the site which would warrant approval. If this case is approved, staff recommends that the applicant construct the shed to comply with the 1991 Uniform Building Code requirement of a shed built with 1-hour fire-resistive material. F OFFI GI ~L ZOIJ1 NG MAP WHET RIDGE GOLDi~~cDO MA.P ~=.DO~i-D: _~re ~5. 994' ~M?INL 0` =1.A~W hN7 Dc'W Or"'r75dT - 73i-185] r-_ .~ ~'~ ~ 100-YEAR FLOOD PLAIN i___~ fAPPROXINATE LOGATIOM -- ZONE. O'STRIG- BO'JNOR" PARCEL/LOT BOUNDRY OES~GNATES O'r~1NER5HIP) - - - -- WATER PEATUR= D_"lOTES MULTIaLE ADDRESSES 38t5 GPCA73T. vvP.•71o•~'~' ~~ ~~ .~.-_.P.~'---~.._.~. ~-~ o x iro zo +m SCALE ~ ~4G`O PUBLIC HEARING SPEAKERS' LIST DaTE- August 22, 1996 CASE N0: W~ 96.-24 REQUEST: An application by Gene Pastor for approval of a 3'6" side yard setback variance to the 5' side yard setback requirement to allow a private storage shed 18".from the side property. line. The property is zoned Residential~Two and located at 3815 Carr Street. ~ position On Request; 1 I 1 I (Please Check) 1 i ~ IN FAVOR i OPPOSED i SPEAKER'S NAME 8 ADDRESS (PLEASE PRINT) - - --.. ., _ ... .- - , 1 1 Y-_ .. - ' ~... 1 __ _.. .. , -..-.. 1 1 1 - - - _ ~ - ' - ~ - I _. I I 1 _ °~ ~ ; I 1 i ' i ' 1 __ I ~ 1 ~ I I 1 ' .... - - _ ' -- 1 _- _ - - _ .. _~ -~ - I -1 1 1 I __ ~ 1 1 1 ' 1 1 - - _ - - , - i - ' 1 -__. _ - ~-=---r .. .. I 1 I ~ I I 1 ' I _-_ 1 - 1 1 ' i I ' t 1 -_ - - -[ - - ~ I 1 _ - - 1 1 ' 1 I 1 I j - _. - 1 - -_;.. I 1 _ _-_ 1 _ I 1 I 1 I 1 1 - .. 1 1 1 i I 1 1 i - _ I _ 1 - I I _ 1_ _ - 'I -.. - .. - >_- -_ -l 1 ___.._- - 1 1 _. ~.. __.- 1 I 1 1 I - - - - - I I 1 ' - - _ -.. 1 _ - _ 1 1 I 1 1 .. 1 1 t 1 -._. "-1 __ i i 1 _ _. _ _ _. I 1 1 I I 1 - ' I 1 I _ _-_ - _ __. _ -; ~ 1 1 1 1 1 1 ,. -1 1 _ __ - 1 I 1 1 --__ - - -.._ - - ; 1 - __- I 1 1 1 I - - - - 1 - - i 1 ~ 1 .-1 1 _ 1 .,. ~.. _ 1 - - _ - .. .. - .. __ _ _ 1 1 1 1 I 1 1 I I _, v. 1 .. _ _ _._ - 1 I 1 _ 1 I _ I"1 - _ .. .-i . ...... ...... ~ _ _ _ _ - . I 1 1 1 I 1 i I 1 1 1 I 1 _. _ 1 1 _.... _ __, _, i 1 1 _ I 1 I 1 I 1 1 ~ i I 1 1 - -_ - - -. - __ ~ .~ _ I I I _ _._ _ __' __ I 1 I 1 __ 1 I I I I I _ ._ 1 _ _ - _ •. 1 1 1 1 1 1 ___ _ I -~~~ I I 1 I 1 1 _ _ _.___ __ .._ __ I 1 I .. 1 . I 1 1 1 1 ___-_ 1 ____ ___ .~~ ~ 1 . WSEAT RIDGE BOARD OF ADJCTSTMENT MlivuiaS OF MEETING: August 22, 1996 Page 2 2. APPROVE TSE ORDER OF THE AGENDA Motion was made by Board Member ECHELMEYER, seconded by Board Member JUNKER, that the agenda be approved as printed. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC SEARING A. Case No_ WA-96-16; An application by 3M National Advertising for approval. of a 32' billboard height variance to the 32' billboard maximum height allowance for a billboard to be re-located within the B-2 billboard overlay zone district. The property is zoned Light Industrial and is located at 4909 Marshall Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. • Board Member MAURO brought to the Board's attention that the posting for this case had not been up for the full 15 days required by law prior to the hearing. Discussion followed. Motion was made by Board Member MAURO, seconded by Board Member HOWARD, that Case No. WA-96-16, be continued until the next scheduled meeting in October. Motion carried 8-0. B. Case No. WA-96-19; An application by 3M National Advertising for approval of an 18' billboard height variance to the 32' billboard maximum height allowance for an existing billboard in the B-2 billboard overlay zone district. The property is zoned Commercial-Two and located at 6285 W. 48th Avenue. Board Member HOWARD brought to the Board's attention that the posting for this case had not been up for the full 15 days required by law prior to meeting date. Motion was made by Board Member HOWARD, seconded by Board Member JUNKER, that Case No. WA-96-19, be continued until the next scheduled hearing in October. Motion carried 8-0. C. Case No_ WA-96-24; An application by Gene Pastor for approval of a 3'6" side yard setback variance to the 5' side • yard setback requirement to allow a detached garage 18" from the side property line. The property is zoned Residential- Two and located at 3815 Carr Street. . WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 22, 1996 Page 3 Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. Board Member ECHELMEYER stated he did not consider the shed well-shielded from Carr Street because one can look right down the alley and see right in to that shed, and Mr. McCartney said you can see the shed from Carr Street, however the setback is such a distance to shield it adequately. Board Member ECHELMEYER asked the exact size of the shed, and Mr. McCartney answered 210 square feet or 30' x 7'. The applicant, Gene Pastor, 3815 Carr Street, was sworn in. Mr. Pastor said the shed will not be permanent, he just needs it for temporary storage. The slab has been there for some time. When he is through with the temporary storage he will take the shed down at no expense to anyone but himself. Board Member ECHELMEYER asked what would be the time limit, • and Mr. Pastor answered it could be up to five years he really doesn't know, it is just a matter of when the belongings could be sold or gotten rid of. Board Member ECHELMEYER thought five years would not be considered temporary, and Mr. McCartney reminded him this is not a TUP it is a variance, therefore time. is not an issue. Chairman WALKER said the staff report's condition of building the shed with fire resistant material does not sound to be compatible with a temporary structure, and Mr. Pastor assured he will follow all building and fire codes. Board Member HOVLAND asked what type of material will have to comply, and Mr. McCartney replied he understood the building inspector to require a type of siding with 5/8' sheetrock inside. Board Member ABBOTT stated in keeping with the one-hour fire resisting regulations, there cannot be any openings/windows along that south side unless they use fire resistant windows. Board Member ECHELMEYER asked if the materials being stored will remain there until it is disposed of, and Mr. Pastor answered no, they would be moving stuff in and out. • Board Member ECHELMEYER asked if placing the shed to the north of the garage present a hardship, and Mr. Pastor WSEAT RIDGE SOARD OF ADNSTMENT Miavvi~S OF MEETING: August 22, 1996 Page 4 replied that it would definitely ruin the backyard and the neighbors to the west side could look through and see the shed. Board Member MAURO wanted to know if any of the storage would be combustible, and Mr. Pastor replied no. No one spoke for or against this request and there were no complaints registered. Motion was made by Board Member ABBOTT, that Case No. WA-96- 24, an application by Gene Pastor, be DENIED for-the following reasons: 1. There are no unique circumstances or persuasive hardship. 2. There is adequate buildable space on the northwest portion of the property that would preclude the need for a variance. . Motion was seconded by Board Member ECHELMEYER. Motion carried 7-1, with Board Member THIESSEN voting no. D. Case No_ WA-96-25: An application by Barbara Sileo for approval of a 15' side yard setback variance and a 15' rear yard setback variance to the 15' side yard setback and 15' rear yard setback requirements to allow for an attached garage. The property is zoned Residential-One and located at 3845 Dudley Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. Board Member ECHELMEYER noted there were two different plans on the site plan for the garage and wanted to know which proposal was the applicant choosing, and Mr. McCartney answered the applicant at the time of submittal was unsure which one they would go for but perhaps she could shed some new light. Board Member ECHELMEYER commented one of the plans would border totally on two different properties, and Mr. McCartney agreed. It was noted there had not been any objections registered regarding this case. Board Member HOWARD asked if this is a one story residence and Mr. McCartney said it is a single story ranch, however he is not sure if there is a basement. • 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 22nd day of August , 1996. CASE NO: WA-96-24 APPLICANT'S NAME: Gene Pastor LOCATION: 3815 Carr Street Upon motion by Board Member ABBOTT seconded by Board Member ECHELMEYER , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-96-24 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE NO 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 IT RESOLVED that Board of Adjustment Application Case No. WA-96-24 , be and hereby is DENIED. TYPE OF VARIANCE: A 3'6" side yard setback to the 5' required in a Residential-Two zone district PURPOSE: To allow a private storage shed 18" from the property line FOR THE FOLLOWING REASONS: 1. There are no unique circumstances or persuasive hardship. 2. There is adequate buildable space on the northwest portion of the property that would preclude the need for a variance. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Mauro and Walker NO: Thiessen DISPOSITION: Variance DENIED by a vote of 7-1. D t~.hu-rims 22nd day/IY/,/o(~1~f August, 1996. (~ r~ OBERT W rm~ Mar ~c u\ la V~~~ r ALA `~ ~A P , Y • Board of ~~ustment Board o djustment