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HomeMy WebLinkAboutWA-96-29The City of - _ _ - ~Whe at ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Address c112~~- Itl. Q~-ln ~I~ Phone ~-~~ Owner a c, ~ Addres's ~~c~-(1) . ~0~1 ~lrphone ~4D -L~}S~ _ u ; , Location o rq est 5 3 .~ 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 - onconforming 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 procedural guide Solid waste landfill/- mineral extraction permit for specific requirements. O ^ ther Detail d De cr ption of request a~ ~ -- - _ ~ _ ~ List all persons and companies who hold an interest-in the described real property, as owner, mortgagee, lessee, optionee,-etc. ME ADDRESS PHONE t I certify-that the information acid exhibits herewith submitted-are true and correct'tb 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 acti , or, cannot lawfully be accomplished. Applicants other than owners ust submit power-of-attorney-from the owner which approved of .this a on his b h i . r Signature of-Applicant . Su bed and sworn to is ~ r tr ~/ da of lg ~~ ~Z pA•Y p~ - • 9 ~ Q' / • '' ~: p ~, •;G Nota y Public ~~ , ~ ;'+~ " M ;~,,~';~ ~? Y commission ex ires~ P~ !D'Dy~'~~ llat~peived:'O'" Receipt No. Case..No. _. __, .~ . ...........: 4 __ .,. _. ~._, ., Cy'F COCO RECEPTION NO. F0241473 15.00 PG: 0001-001 - 743 RECORDED IN JEFFERSON COUNTY, COLORADO 5/28/96 12:4 yQpgf2PaN'TY DEED THIS DEED, Made this day of May 24, 1996, between CHARLES L. ASNICAR AND MARY L.. ASNICAR o£ the County of JEFFERSON and State of COLORADO, grantor, and DAVID J. KAISER whose legal address is 6732 W. 65TH AVENUE, ARVADA, COLORADO 80003 of the County of JEFFERSON and State of COLORADO , grantee: ~~~ ~~ ~~ WITNE55ETH, that the grantor, far and in consideration of the sum of $89,950.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns Forever, all the real property, together with improvements, if any, situate, lying and being in the County of JEFFERSON and State of Colorado, described as follows: TRACT 4, THREE ACRES SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. t9 F. ~ L LL ~ L C , ~- u '~ F t F [. also known as street and number 7765 THREE ACAS LANE, WHEAT RIDGE, COLORADO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the said grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, their heirs and assigns forever. And the said grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has goad right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all farmer and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature so ever, EXCEPT FOR TAXES FOR THE CURRENT YEAR, A LIEN BUT NOT YET DUE OR PAYABLE, EA55N,ENTS, RESTRICTIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD, IF ANY, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession o£ the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any Dart thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the~~nnte set forth above. - - ~ - ~ NARLES L. A5N2 l~ ~~iv,., .~., ~~~-~~~,F~i' -- - z. ICAR STATE OF COLORADO }ss. COUNTY OF JEFFERSON } The foregoing instrument was acknowledged before me this day of May 24, 1996 by CHARLES L. A5NICAA AND MARY L. ASNICAA My Commission expires: August 13, 1996 - Witness my hand and official seam KRISTINElORGWtd SFi[LL NOTARY PUBLIC STAT[ OF COLORADO My Commission Expires 8.13-96 932A Rev. 7-89 WD (Photographic Record) Case# SD104 SHELL DOC FEE $9.00 -- ~~v~l. L A N D S U R V E Y I N G 5460 WARD ROAD SUITE 160 ARVAOA, COLORADO 80002 (303) 420-4788 IMPROVEMENT LOCATION CERTIFICATE At+n: CHRIS fJATE 5 15 96 FEE 85.OD .toakk 96-2150 MORTGAGE co.'~OLORADO NATIONAL TITLE ADDRESS 7765 THREE ACRE 1_Pd. -' BORROWERS NAME KAISER LEGAL DESCRIPTION _ IPEfl CLIENTI i TRACT 4, Ti~iREE ACRE SU6DIVISION,COUPdTY OF JEFFER^OPd, STATE OF COLORADO L~ • I V 3.0 ~~ ~ NOTE: SURYEY IS DRAWN USING PIATTEO ANGLES OR .. .. ... EEARINGSANO gMEN510N5. ......~17 ~.>~ . I I'1 t2 ~L ~- /'4 r+l~ ~ L N . ~y o ~ 2Ot.rJ On the basis of my knowledge, information and belief, I hereby certify that•~tKs Improvement location certificate was prepared for ~' ~~ - ,that it is hot a Land Survey Plat or Improvement Surv~j~~~hA~d T71>~i tTit"fll#~IaotTt Tb€ relied upon for the establishment of fe ce, building, or other future improvement lines. I further certify that the ' provemen on the above described pare on this date, except utility connections, are entirely within the boundarie of the parc ,except as shown, that there are no encroacljments upon the described premises by improvements on any joining pre ses, except as indi_q~>j~ If~tnd thatthere is no apparent evidence or sign of any easement crossing or burdening a part of sai parcel, excep\\\~,0. Qy,UY' E~~S ~f~~ii~~~ j °NOTICE: According to Colorado law you must ommenca an fugal action '~wv~ ~ 6pY~¢ (X~his Survey within three years after you firs[ discover such detect. !n no event, may any actlo based upon ny defect IrL~ij~r`~c "ri~~ore than ten years frorn ffie date of [he certification Shown hereon." g V .'_Q~ ~ rj : _ , 27268 ": y..s NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on September 12, 1996, at 7:30 p.m., at 7500 W. 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: 1. Case No. WA-96-29: An application by David Raiser for the approval of a 25' lot width variance to the 100' lot width requirement and a 650 square foot lot area requirement to allow a duplex on a property zoned Residential-Two and located at 7765 Three Acre Lane. Case No. WA-96-31: An application by Dungarvin Colorado, Inc. for approval of a variance to Section 26-30(P) Group Home Regulations to allow more than one group-home for the developmentally disabled in Council District III for property located at 11590 W. 39th Place. 3. Case No. TUP-96-10: An application by Greg Jeffreys for Chesrown Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. i Mary ~,o apla, Secre ary ATTEST: Wanda Sang, City Clerk To be published: August 23, 1996 Wheat Ridge Transcript H'.O. BOX 638 TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORAD080033 cWheat Ridge August 28, 1996 This is to inform you that Case No. WA~96~29. which. is a request for -approval of a 25'' lot width variance to the 100' lot width requirement and a 650 square foot lot area requirement to allow a duplex on property zoned R-3. for property located at 7765 Three Acre_Lane 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 September 12, 1996 All owners and/or their -legal counsel of the .parcel under consideration must 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 Carrzatior C_ ity" `~ 1 aYYY+YYSX~ Y` _ _ tt! a il ~i c.J _$ N P y r L if! ~_ ~ ~ ~~ 1 J ~.~°~ ga~'w'a"f'> ~ `4 ~ - ~~ CC! OS CL. ~ 'SS38OOtl Nl I Ol 3dOl3AN3 j0 dC ~ li/}~ t0 r,\ m Cl S Q (~ ~ I~+C~J ' W, ~ C ~'' ,r o J ., G 4 V ~ ~ CrJ r J ~ ~ ~ o I . 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W W 'j ~ ht. W i+~ ~ ~ ~~*9 o m rj ~. a ~ w ~E v HQ V ~ [@ . . !: ~~ ~w~y m K !R C.. l~ ~. <rs m ~ l' ~ C a _-~ m ~ ~ m _ __ -~ ~ ~ ~ ' - ~ m V _ p- a r =m LJ ~ W ~ _-_ W ~_ ~ ' S~ ~z P - g m ,;' _.z i x o ~ ~ '3 o Y m g 'S. ~ S ~ i - F o ~ a s ~ ~ k 3 ~ 3 ?'. (9~ q 0 2 ~. O 3 O_ ry ~ ? W j N ~ v Q ~'_ n_ 3 b • • •y a ~ ? s ° ~m 2 n ~~ ~.S pn,3 H p, A o ~ '3 a a o^S ~ v 6 f. ry O N ¢ O ~ v f o ~" f ~ ~ B ~ 3 ~ a 3 = 3 _, o _~ ~o ~ ~ N n c o x 3 w y n sk m ~" v m - = ~ s m ~aa ~ ~~ y ~ 3 " o m s.rt ~ 3 s F o ~ Q f ~ S ~ ~_ ~' ~ ~ ~ ~ ~ ~. v v ~ 0 o ~ ~ w _ ~ ~ 3_ n m ~ $ 6 ro N n ~ c$ 2. '~ ~ 3 w -_~ ~ a a o' n Z O N u ~ - ~ m ^D~y i ~ c ~ ~ y a w ~D a y a < ~. ~~y~~ i N ~ N O N w" N ~ Obi ~ ~ w w, '_ 2' g w c $ m a w m m ~ m x ~ m m ym __ m' N CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING:September 12, 1996 DATE PREPARED:September 3, 1996 CASB NO. & NAME:WA-96-29 / Kaiser CASB MANAGER: Sean McCartney ACTION REQiJESTED: An application by David Kaiser-for approval of a 25' lot width variance, to the 100' requirement, and a 650 square foot lot area variance, to the 12,500 square foot requirement. LOCATION OF REQUEST: 7765 Three Acre Lane NAME & ADDRESS OF APPLICANT(S) David Kaiser 6732 West 65th Avenue Arvada, Colorado 80003 NAME & ADDRESS OF OWNER(S) Same -- APPROXIMATE AREA: 11,850 square feet PRESENT ZONING: Residential-Two PRESENT LAND IISE: Single-Family SIIRROIINDING ZONING: N:Restricted-Commercial,S:Residential-Three, E: and g: Residential-Two SIIRROIINDING LAND IISE: N and S: Vacant, E: and W: single-family DATE PIIBLIS88D: August 23, 1996 DATE POSTED: August 29, 1996 DATED LEGAL NOTICES SENT: August 29, 1996 AGENCY CHECKLIST: (XX) ( ) NOT REQUIRED RELATED CORRESPONDENCE: ( ) (XX) NONE ENTER INTO R$CORD- (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS ( ) OTHER JQRISDICTION• 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-96-29 a. REQI7EST The applicant requests approval of a 25' lot width variance, to the 100' lot width requirement, and a 650 square foot lot area variance, to the 12,500 square foot lot area requirement. The applicant is proposing to convert an existing single-family residence, into a duplex. They are proposing to split the existing residential unit in two, closing one of the walls, and creating two livable units. The existing residential unit is approximately 1,487 square feet, with a full basement. The Residential-Two zone district allows for both single-family and two- family (duplex) residential dwelling units. But, as section 26-15(F), of the Wheat Ridge Code of Laws states, two-family dwellings must have a minimum lot area of 12,500 square feet, and a minimum of lot width 100'. if approved, the applicant will install an additional electrical and gas meter. II. CRITBRIA Ia accordance with Wheat Ridge Code of Laws, section 26-6 (c), before a change of zone is approved, the applicant shall show aad City Council shall find: 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? The property currently exists as a single-family residential dwelling, and has for a cumber of years. If the variance is denied, the existing use, service and income of asingle-family residence will be allowed to continue, under the regulations established in the Residential-Two zone district. 2. Is the plight of the owner due to unique circumstances? There are no unique circumstances that could be attributed to the need of a variance. 3. If the variation were granted, would it alter the essential character of the locality? Because the property is located in a Residential-Two zone district (which permits the development of two-family dwellings) cad located across the street from a vacant property with the development potential of multi-family residential (Residential-Three zoning), the conversion to a two-family dwelling will not alter the essential character of the Board of Adjustment Staff Report Case No. WA-96-29 neighborhood. Page 3 4. Would the particular physical surrounding, shape or typographical 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? Because the property is as average shaped, rectangular lot, aad the surrounding topography is relatively flat, there is ao physical evidence of a particular hardship, as distinguished from a mere inconvenience. 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? Each case must be based upon a site by site basis. The circumstances involved with this case are deficient lot width and lot area, something that exists oa other properties is the City of Wheat Ridge. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Because the property exists as a single-family residential, aad there is ao limit to the number of family members allowed is a single family residence, then the purpose of this variance is exclusively based upon the desire to make money out of the property. Additionally, because the applicant lives at as off-site location, the purpose of this conversion seems to be strictly as investment property. The house, if allowed to be converted into a duplex, will have more real estate value aad produce more income than if it were only allowed as a single-family residential dwelling. 7. Has the alleged difficulty or hardship been created by any person having an interest in the property? Yes, the difficulty of this property has bees created by the applicant (owner) looking to expand the use of the existing single-family dwelling. Board of Adjustment Staff Report Case No. WA-96-29 Page 4 Would the granting of the variations 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 this variance would not be detrimental to the public welfare or injurious to other property or improvements. 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 basis of this variance is to allow for the internal conversion of a single-family dwelling into a two-family dwelling. Therefore, the proposed variation would not impair the adequate supply of light and air to adjacent property or substantially increase the coageatioa is the public streets. III. STAFF CONCLUSIONS AND RECOMMENDATIONS In accordance with the above criteria, although there is no finding of an unusual or unique hardship, approval of a variance to allow the conversion of a single-family residential dwelling to a two-family residential dwelling (duplex) would not have a undue impact on the immediate surroundings or neighborhood, nor would it pose a threat to the public's health, safety and welfare. The conversion will be an internal enclosure, closing off an existing doorway, thereby creating two separate units. This type of construction should not effect the outward appearance of the existing structure, nor should it effect the compliance of the existing setbacks or total lot coverage. Should the board approve this variance, staff requests that a building permit be acquired, for the conversion, and that a site plan showing adequate on- site parking, be submitted at the Wheat Ridge Building Department. ZONING AND DEVELOPMENT § 26-15 (B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter ereMed, converted or structurally altered unless othernise provided herein except For one tl) or mare of the following uses: (1) Same uses as permitted in R•1, R•lA, R•1B and R-1C districts. (2) Two-family dwellings. (C) Permitted Accessory Uses and Accessory Buildings: (1) Same uses as permitta=d in R-1, R-lA, R-1B and R-1C districts. (D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Planning Commission, following procedures as set forth in section 26-6(A): (1) Same uses as permitted in R-1, R•lA, R-1B and R•1C districts. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Plan- ning Commission and city council, fallowing procedures as set forth in section 26.6(B): (1) Same uses as permitted in R-1, R•lA, R•1B and R-1C districts. (2) Small day care center, day caze center. - (F) Development and Use Regulations-Residential-Tao District (R-2): ,tfazimum Minimum Building Slinimum Sfinimum Front Minimum Minimum bfazimum Cov<r- Lot Lot Yard Sidt Ycrd Rear Ycrd Height age`"' Area Width SetbccR S<tbec.i °' SelberR~"' One•family dwelling 35' 40°0 9,000 sC 15'0' 30"" 5i°' 10' Two-Camify dwelling 35' 40% 12.500 s! 100' 30"" 5"" 30' Group home 35' 409u 9,000 aC 75' 30"" 5i° !0' Detached garage or carport 20' 1.000 sC 9,000 sC 75' 30"" 5' S' pct unit Private storage shed 20"•' 400 sC 9.000 sC 75' 30' S"" 5"" Churches, schools, government 35' 40% I acre 200' 30"" IS""''r' 20' and quasi-government build- ings.golCcourscs All other uses 35' 40% 9,000 sf 75'°' 30"" 5"°' 10' (al Any side yard which abut-s a public street shall have a mirtimum setback of thirty t301 feet Cor all structures. fbl Any rear yard which abuts a public street shall have a minimum setback o! thirty (301 feet Cor all structures. Icl Front setbacks Cor structures on lots or portions of lots which abut cul•drssa may be reduced to ten 110) Ceet for those portions oC lots which abut a cul-de-sac bulb. ISee Figure 26-5.3.) (d1 A total o! [iReen 1151 feet side yard setback for every individual lot with a minimum oC five 151 Ceet on one Ill side. (e) Any building at structure which houses animals, except a residence. sha71 be set back fifteen (15) Ceet. (R FiReen•(oat setback Cor the first story and five (51 feet far each additions! story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (121 Ceet. Ih) Minimum twenty five 1251 percent landscaping required on site. ISee section 26.32.1 (iY Minimum ten 130] Coot oC landscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26.32.) _ _ tl1 Comer lots shall have a minimum lot width oC eighty 180) Ceet Cor both streot frontages. (Ord. No. 1989-796, § 5, 6.12-89; Ord. No. 1990-827, § 1, 4.9.90; Ord. No. 1992-899, § 2, 6.22.92; Ord. No. 1993.945, § 4, 12.13-93) Supp. No. l2 1'13 ~ , ,. 3e-r nvE ~~ r"-1 I :T OEEI GI r~L - Zo_ >>-~.~- ~~~~~~ ZOtdl RIG MAP ----- =A~ca,~ oT ~~~~ WHET RIDGE `~~,~.,~ ~~ oW~~~i~=, DENOTc5 MULT~P~= ADDRESScS GOLORP~DO acs- ~ev~don: -cnoary 9,'995 - .'°A3" ~~- ~ ~MYIM1G TV i}f? O'F3~i - 7i5-]bi I 7765 Tl-I~~ AGE LAI3E r ~~ ~ a ~-. o v,w ~aa xv .~ xAL= ~~~ WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 12, 1996 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made Board Member HOWARD, seconded by Board Member JUNKER to approve the agenda as amended withdrawing Case No. WA-96-31. Motion carried. 3. PIIBLIC FORIIM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one-came forward to speak. 4. PDBLIC HEARING A. C~S~-N4 WA-96:_29.: An application by David Kaiser for the approval of a 25' lot width variance to the 100' lot width requirement and a 650 square foot lot area requirement to allow a duplex on a property zoned Residential-Two and located at 7765 Three Acre_Lane. Sean McCartney presented the staff report. A11 pertinent documents were entered into the record,--which Chairman WALKER accepted. ~.. Board Member ECHELMEYER asked what the situation is on the trailer, and Mr. McCartney said he was told the motorhome is owned by the applicant's mother. Her stay is temporary and the motorhome will be removed. Code Enforcement has sent a warning notice regarding other code violations. Board Member ABBOTT-asked if any other physical changes are. required other than the parking, and Mr. McCarthy replied. no, parking is the only thing that distinguishes this from a single family. There are several smaller lots in the area that are all single family residential. Board Member THIESSEN asked if there will be a separate.. entrance-for the second unit, and Mr. McCartney said there is a separate entrance already on the north. The footprint of the house will not change at all. Board Member THIESSEN questioned if each unit had the one entrance, and Mr. McCartney answered yes. Board Member HOWARD said there are five homes in this subdivision and asked if they are all zoned Residential-Two and Mr. McCartney answered all the lots to the east are zoned R-2, except for the R-3 zoning across the street. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 12, 1996 Page 3 The applicant, David Kaiser, 6732 W. 65th Avenue, Arvada, CO, was sworn in. He said both driveways were existing when he bought the home. He-will pave both driveways and do upgrades to the house that are necessary. Mr. Kaiser bought the duplex for his family to live there. His brother and family will live in one side, and a single sister will live in the smaller side. Board Member ECHELMEYER wanted to know what the plans were for the trailer, and Mr. Kaiser explained the motorhome does belong to his mother who is staying-there and helping .with the clean up of the property. She was planning on staying to the end of the month, but if she has to leave tomorrow, that will be fine. Variance or not, the trailer (motorhome) will be moved. .Dino Pesci, 3815 Garland Street, was sworn in. Mr. Pesci owns the house directly east of the proposed duplex. He has no objection to the duplex however, does have a few requests: 1. That only two families live on the premises, 2. That the existing structure not be modified to increase- ~.,.' the physical size, 3. The number_of vehicles parked across the street (5-6) be moved, and 4: They provide off-street parking. Mr. Pesci feels these are not unreasonable requests. Julie Kaiser, 7765 Three Acre Lane, was sworn in. Ms. Kaiser lives on the property in question ( her brother is the owner). The property is large and has room for .two families. There cannot be any overloading of the property because one side has one bedroom and the other side has two small bedrooms. There will only be two cars in each driveway. No further questions were. asked. Motion was made by Board Member HOVLAND, that Case No. WA- 96-29, an application by David Kaiser, be APPROVED for. the following reasons: 1. The Board finds that based upon all evidence: presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case do support the granting t of this request. WBEAT RIDGE BOARD OF ADJUSTMENT r" MINUTES OF MEETING: September 12, 1996 Page 4 WITH THE FOLLOWING CONDITIONS: 1. The conversion will be an internal enclosure only and not effect the footprint of the building as it exists. It has to comply with the existing setbacks and total lot coverage. 2. A building permit must be acquired. 3. A site plan showing adequate on-site parking be submitted to the building department. Board Member ECHELMEYER reminded the Board of the off-site parking problem .and Board Member HOVLAND believed_it would be covered in the on site parking plan to be submitted. Motion was seconded-by Board Member THIESSEN. Board Member ABBOTT stated he will be voting no on this request because there are no unique circumstances or specific differences. Board Member ECHELMEYER commented on the conversion only being internal. Chairman WALKER was concerned because each side only has one entrance/exit. Ms. Reckert added the building department will be reviewing this before the issuance of the Certificate of Occupancy. Board Member HOWARD will be voting no on-this because all of the. five residences on that street are identical and feels if this request is granted they will see four other applicants for the same request in the future. Mr. McCartney said that block has a strong chance of having multi-family because of the R-3 zoning across the street. It is zoned for medium to high density so it-will not-lose character. --_ Mr. Pesci spoke again saying the applicant has the largest house on the block and ,most have small additions currently and cannot enlarge any further. Motion denied by a vote 4-3, with Board Members ABBOTT, HOWARD, and WALKER voting no. Resolution attached. C. Case No. TUP-96-10: An application by Greg Jeffreys for Chesrown Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial-Development located at 3601 Wadsworth Boulevard. C ~+. 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 12th day of _Seotember ,,1996. ___: -NO: __ WA-96-29...,E APPLICANT'S NAME: David Raiser LOCATION: 7765 Three Acre Lane Upon motion by Board Member HOVLAND , seconded by Board Member THIESSEN , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officerg and WHEREAS, Board of Adjustment Application, Case No. WA-96-29 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 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-96-29 ,_be_and hereby is APPROVED. TYPE OF VARIANCE: A 25' lot width variance to the 100' requirement and a 650 square foot lot area variance PURPOSE: To allow a duplex FOR THE FOLLOWYNG REASONS: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. WITH THE FOLLOWING CONDITIONS: 1. The conversion will be an internal enclosure only and not to effect the footprint of the building as it exists. It has to comply with the existing setbacks and total lot coverage. 2. A building permit must be acquired. 3. A site plan showing adequate on-site parking be submitted to the building department. ~` WA-96-25/RESOLUTION Page 2 VOTE: YES: Echelmeyer, Hovland, Junker and Thiessen No: Abbott, Howard and Walker DISPOSITION: Variance denied by a vote of 4-3. D~ED this 12th day of September, 1996 ROBERT W R, Chairman `Mar Lo Chapla, cry etary Board of A ustment Board Adjustment- C PUBLIC HEARING SPEAKERS` LIST CASE N0: WA-96-29 DATE: September 12r 1996 REQUEST: An application by David Kai's.er £or the approval of a 25' lot width variance to the 100` lot. width requirement and a 650 square foot lot area requirement to allow a duplex on a property zoned Residential-Two and located at 7765 Three Acre Lane. ~ ; Position On Reque-*' 1 ; (Please Check) ; 1 ~ SPEAKERS NAME dl ADDRESS (PLEASE RINT) i IN PAVOR i OPPOSED ~ 1 _ -- -- 1 bGS~J } f a I ~ Sc ~ 3g} 5 G~kRt ~V++~~ sT. 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IF ARRAIGNMENTS AREN'T MADE OR YOU FORGET. SOMEONE ELSE ~ ENDS UP HAVING TO REARRANGE THE[R SCHEDULE FOR YOU. ~~--~' JOHN AND JAMES ARE ALSO AVAILABLE FOR COVERAGE IF NEEDED. Roto Tilling General Gazdening 1 Don Pesci 303-467-0553 I Fertilizing ~ ~~ .~~~~ iauling ~ °o©zIo