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Home My WebLink AboutWA-96-35The City of Wheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning acid Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant~j~~}QD~, ~~ 5~cks~ Address~,jS~ S7 Phon ~3 - OUmer / 3! rte. ~G~Mc1~ {- ~[at62~~ ~v~,SYp,>1 Address ~,y$~ -r~ S7 Phone 3 lp/~- Location of -request 7~~~V~ S'7: Type. of action requested (check one or more of-the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit- Temporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. Variance/Waiver Nonconforming use change Flood plain special exception- Interpretation of code Zone line modification _ Public improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ ' mineral extraction permit ^ Other _ - - - _ 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 abode, without whose consent the requested actior, cannot-lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the-owner which approved of this actiAr)no~, his, behalf: , Subscr, ~r:.TH Kf~f;i'5 and sworn to day of My commission ex~'~~~smiSSionErpireSS~ t,~? lggpl l?cnci ni- -Nr~ List all persons and companies who-hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. Recorded at -,_ u'eloc6 - !vI„ ._..._...._ W'ARR:1:~'I'~ UL?IiU J 'I~H[S DEED, Made dn5 1st el„ t,l April hctuern htfh_F'Tlr~rd Na. v11~299f.,= -- ' .l C> / 91 15:2 3 ? . !'., ~.. - RhT. (:.OR DED IN ..... .._--.._ CCLJ!+ITV OF JEFFERSON . °T;1TL: OF CD~ORADO •~ 91 I ' David A. Gomendi and Kathleen E. Gomendi of the I Texas ' Counl7 0l' .Sluts of , gr:mn,r(nl :utd ij Kimberly E. Pierce and Richard J. Eggleston, Jr. as Joint tenants and rot as Tenants in common. whux' Irgal address is 4354 Hoyt St. , , Wheatridge, CC; 00033 a u'u C'uunl)vf Jef is i::r S~.Jn .Smte urcW:rt::u,~, gr:uuecls)', t N'fI ti4;55F'I'H, Thal the gruntorls 1, hn' and m eunadrr:nion ul dte stun al ~/ forty Thousand and no/100----------------------------------------------uou:vzs. the rccnpl :uul sullfcicne)' ul'uhirh is hcrch> ,mku:ns lcJlrvl, hu Ve gr:uucJ h',u'p;u ned. add uud iom cl cd. ;md 6y Ihrsr P«acnix do grant, bargain, sell, cunvrc, and eonlinn, unto the giunlx•e1+1, their brio and asslgm hn~cv ol. all the real property, together wi[h impravenx•nts, il'uny, suu:ur, lying and hying in the C'uunq of JefferS<)n .State of Colorado, JcxnbcJ as follows: Lot 42, PHILLIPS SUI3DTVISTOI4 TILING NUMBER Tv,~, County of Jefferson, State of Colorado r ~, ` rn , :~ Q,~ • D -I z~~~ .d,u kno'.ut by +I«rl and number'•t+ 4354 f irtyt St. , Wheatr:~dc{e, CO £30033 IY)G li'I'IIFR w nh :dl and shtgular We hcrvelil'„m; mn end uppw'0.'nunres Ihcrvto brlonging..n dt :m;,v x' aPpcrcuning, :mtl the rev ervun unvi rrvvnions, remantdrr :md rrm:u nJers, «nls. nx,. • .:ud Pn~lils Ihereol: :mJ all the ratutr, light. idle cm; rc+t. claim and demanJ uh:usoev er of the grlimorl sl. enhcr m lave of equit>, ul; In ., na L, Ilir above burgamed p«miscs. with the he«dilanirnl. unJ aPpurtrna noes. "IY) I I,\P F: AND'I'0 3101_ll the ,ai,l per in acv „C~u•v h.u'gui neJ unJ JescribeJ uhh the appu nen.m:c,. unto the gran0.•N 51, their help .Ind :uslgns litrcv cc 4nd Ihr granloflal, I'ur tl'?enl ,:I Vey r tI"Se1r hrvs antl pi'nuual n"Frc,rnlarivcs. da covenant, grant. h:vgai n.:mJ agree u1 and wnh the gruncc~. v. their hci rsa~d assigns. Ihal al Ihr umr of the rn,cnling and Jrhrrry ol'the>e pmsents. and art -- well scizeJ ai the Vren:nr, obu,c eunvcyrd, ha Ve gaud, wee. Fortier. ubsuluty unJ indcli usihle estate ofinheritance, .n hoc, in lie simple', and ha V0 guuJ ngh 1, 11:11 power and authority w gram. harg:u n, sell anJ come) the ulmr in manner~and form a5 atLresnid, and Ihul the sanx are lire and elrar li',nn .ill li,rmer and other gr:uu5, bargains, sales. Ircn+, la+cs, assesvnems, encumbrance s, and restricliuns ul'whau•rcr kind or nuulrr wccrr, c+.cpl Any of record. '1 he grunwrf s) shall unJ will NS\ItR~\N'I 4~U I~UIt I~.Vh'R DLFENU the :dn,v c-bargained Pirnu+n m Ihr quire and Peacrlblr Possession .ii the gru ntac(v. their bra's .unl u,v;;n,, against all and even person or Persons I:nv luhl rluimmg Ihr whole or any port thereof I\ C,TNESS WFI'REOfi the granwrls) hu V~ csecuted this deed at the date 'et forth aho:c, ~~~~~~o ~~t~-, ~ David A. Gomendi Kathleen E. Gomendi ~~ -S'iATE OF COLORAUU ~ ~ 1 lily ss, county of Jefferson l'hc lureguutg instrununt was acknowlcdgrJ bo!arv nm Ihn flrSt day of A~J]'1~- . 19 91 , 1,~ David A. Gomendi and Yu."u'n].e~n E. Gomendi ~Ah annmissnm o+PI«> QCtober 26a _ 1991 Rltne.,, ni,p and antl~Hlnm +:'a4;' ~ ', ~;' ~';~ -~- ?~~ No[urv~PUM,: i ~~J~ 'Il I11 DCib C41115rII ~~Cll\ alld~~. ~ " Vo. Y3?. Rec.3-85. \Y:\RRAMfI' UP:4:U IFur I'homgrapl, i. IAturdl ' BmW,rtJ Puhi.,iur~. 1743 N'uaoo tit„ U¢nvev l'U nu9C-- 171111''4?,iuu - n Wi D.R.A. SUP.VEYING INC. IMPROVEMENT LOCATION CERTIFICATE LAKEWOOD, CO. LOT 42 PHILLIPS SUBDIVISION FILING N0. TWO COUNTY OF JEFFERSON STATE OF COLORADO Scale: 1 " = 20' a 20 LOT 4® - --I -----J COV. Viii CONC. DRIVE CARPORT ,~ o z a T q ~ 1 ® ~ o L w ! - ~ 24.8 - _ _ _ CONC_ ~_ - ~ 0 o GDN U ~ 1 STORY ~~ ~ O BRICK&FRAME - - - - - - ~j ~ X4354 ao m SHED N F ~p of / 63~ ~ 35.0' 0. t •' ' 24.,g' SATELLIITE ~ DISH ~ - Ian 132.3 uTrurY~ L~3T 4.2 ~ p°~E The legal description was provided by Rick Eggleston, The easement shown was obtained from the recorded plat. No title commitment was provided. ~~O O c0 ,J X I F- XW ~ U z w X" THATR ~ISCNOTI A LAND SUIRVCPPLAT OR IM PROVEMENTESUIRVEYEPIAT~, ANDP NAT ITS NIOT TO BESTON RELIED UPON FOR ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I EXCEPTRll71LITY C NNAECTIONSMAR~VENTIRELY WITHHN THEE OUNEDARISEOF THEEPARCELHIEXQCEPT 8/16/96, AS SHOWN, THAT THERE ARE NO ENCRDACHMENTS UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS N07ED. FOR ANO ON 6E}LALF ~ ~~ NCpCF.~ Pemrding :n Cn!vmdn tnn ynu yA1:4 enmmmce vr+yelepn! d:nn )axod n anY dafvd In Ihin 1.4C. 2484 KIPLINC SRi~y ~ 00. 0~ •Itmn m+ee yun . unx. yT'v Brut uur.++vn. •++d+ d+,rt~~.,t. m n t : Qy onr e~len bue.a upo~+ +,nr derecl "` ~ . II.C bnr commnmrd morn Ihvn Icn ynare fmm the m;A dnln ha cnrllflcctlcn xhnrn hrmmi. ~~ it aura mr.Haao cot~rrnc P~ ~ a c ._._.__._._.---.~. ~~,,~~ 04"1NER: EGGLESTON /~;ZJ:~1 ~ X`; ADDRL-SS: 4354- i-IOYI' STREET izt~r V DATE: 8~17~96 DRA N0. 63757 P~tA ~9 a •'~ _~, (C) 1996 TRW REDI Property Data. ------------ ---------------------------------------------------------------- 1)Situs:43S5 GARLAND ST WHEAT RIDGE CO 80033-3015 APN :39-222.-14-009 Assd Land:$1,-670 Use :SFR County:Jefferson CO Assd Imp :$9,360 Date04/18/84 Bldar:1246 MapLoc:1S-J* Zone: Total Val:$11,030 Doc#:34999 Rooms: /3 /2 RTSQ :69W03522NW Lot_Size Sale: Story:l Pool: Subdiv:HAPPY VALLEY GDNS 1stTD: Yrblt:1973 Owner :WILSON DEBORAH ANNE.. __ _ Phone: __ Own2nd: Mail :13934-W ATLANTIC AVE; LAKEWOOD CO 80228-4506_C065 _ 2)Situs:-4365 GARLAND ST WHEAT RIDGE CO 80033-3015 APN :39-222-99-0-02/01 Assd Land:$1,670 Use :SFR County:Jefferson CO Assd Imp :$7,960 Date:10/18/88 Bldar:1566 MapLoc:lSrJ*.__ Zone:.. Total Val:$9,630 Doc#:101900. ___ Rooms: / /1 RTSQ i69W03S22NW Lot .Size :A0.01 Sale: Story: Pool: Subdiv:HAPP'Y VALLEY GDNS 1stTD: Yrblt:1939 Owner :HERDER 8OBERT E JR Phone:303/422-5212 , Own2nd: Mail :4365 GARLAND ST; WHEAT RIDGE CO 80033-3015 C020 __ . 4)Situs:4344 HOI'T ST WHEAT RIDGE CO 80033-2922 APN :39-222-74-004 Assd Land:$2,190 IIse :SFR County:Jefferson CO Assd Imp :$8,030 Date.09/20/90 B1dar:1000 MapLoc:15-J* Zone: .Total Val:$10,220 Doc#_:81160 Rooms: /3 /2 RTSQ :69W03S22NW Lot Size Sale: Story:l Pool: Subdiv:PHILLIPS 02 1stTD: Yrblt: Owner :KENT LONNY E Phone :_303/424-5489 Own2nd:KENT JACKIE A Mail :4344 HOYT ST; WHEAT RIDGE CO 80033-2922 C020 5)Situs;4345 HOYT_S~'_ WHEAT RIDGE CO 80033-2921 APN :39-222=13-008 - Assd Land:$2,190 Use :SFR County:Jefferson C0 Assd Imp :$7,600 Date:09/09/85 B1dar:1000 MapLoc:15-J* Zone: Total Val:$9,790 Doc#:88538 Rooms: / /1 RTSQ :69W03S22NW Lot Size Sale:$80,000 Story:i Pool: Subdiv:PHIZLIPS 02 1stTD: Yrblt:1961 Owner :HESTERWERTH DAVID W _ Phone:303/420-9566 ' Own2nd:HESTERWERTH EDITH M __ --_-_ _ _ Mail :4345 HOYT ST; WHEAT RIDGE CO 80033-2921 C020 6)Situs:4354 HOYT ST WHEAT RIDGE CO 80033=2922_ _ - - APN :39-222-14-003 Assd Land:$2,190 Use cSFR County:Jefferson CO Assd Imp :$7,070 Date:03/30/95 B1dar:l00D MapLoc:15-J* Zone: Total Val:$9,260 Doc#:F33954 Rooms: / /1 RTSQ. :69W03S22NW Lot Size t Sale: Story:l Pool: Subdiv:PHILLIPS 02 _ ZstTD:$36,800 Yrb1t:1961 Owner :EGGLESTON RICHARD J Phone: Own2nd:K E Mail :4354 S3OYT ST; WHEAT RIDGE CO 00008-2922 C020_ _ » Reported data believed to b~ reliable but accuracy is not guaranteed « (C) 1996 TRW REDI Property Data -------------------------------------------------------_- 7)Situs:4355 HOYT ST WHEAT RIDGE CO 80033-2921 APN :39-222-13-009/01 ...Assd Land:$2,120 Use :SFR County:Jefferson CO Assd Imp :$7,450 .Date: B1dar:1000 MapLoc:15-J* Zone: Total Val:$9,570 Doc#: Rooms: / /1 RTSQ :69LV03S22NW Lot Size -Sale: Story:l Pool: Subdiv:PHILLIPS 02 1stTD: Yrblt:1961 Owner :SMITH DALE E Phone:303/421-09 03 Own2nd:SMITH LIBBY A Mail _:4355 HOYT ST; WHEAT RIDGE CO 80033-2921 C020 8)Situs:4364 HOYT ST WHEAT RIDGE CO 80033-2 922 APN :39-222-14-002 Assd Land:$2,120 Use :SFR County:Jefferson CO Assd Imp :$7,330 Date:04/28/94 B1dar:1000 MapLoc:15-J* Zone: Total Val:$9,450 Doc#:94077651 Rooms: /4 /2 RTSQ :69W03S22NW Lot Size Sale: Story:l Pool: Subdiv:PHILLIPS 02 1stTDd Yrb1t: Owner :DOZEMAN STEVEN J 0 Phone:303/423-16 35 Own2nd:DENISE J Mail -:4364 HOYT ST; WHEAT RIDGE CO 00008-2922 C020 10)Situs:4385 HOYT ST ,.WHEAT RIDGE CO 80033- 2958. _ APN :39-222-13-001 Assd Land:$6,850 Use :APARTMENT County:Jefferson CO Assd Imp :$27,410 Date:04/19/95 B1dar:10102 MapLoc:15-J*_ Zone: Total Va1:$34,260 Doc#:F42726 Rooms: / / RTSQ :69W03S22NW Lot Size :A0.28 Sale: Story: Pool: Subdiv:PHILLIPS 02 15tTD: Yrb1t: Owner :LLOYDS_APARTMENTS _ LLC Phone: Own2nd: Mail :2 MORNINGSIDE DR; LAKEWOOD CO 00008-6613 C040 » Reported data believed tcz be reliable but accuracy is not guaranteed « Ci of Wh Notice is hereby given of a public hee trig to be held before the Wheat Rids . Board of Adjustment on October 2 7996, at 7:00 p.m., at 7500 West 29 ' Avenue, Wheat Ridge, Colorado. F - interested citizens are invited to spat: '~ at the public hearing or submit writte - comments. The following petitions she _~ be heard: ' by R ~ doand KimbedY 991est~ont~fo the approval of a 1'-6' side yard set ' back requ em n~ to as w a carport or a property zoned Residential-Three anc located at approximately 4354 Hoyl ' Street. ' 2• ~~ No. Wq-9636: An application ^ by David Sowa for the approval of a i'- - 6' side yard setback variance to the S' ? side yard setback requirement to allow the enclosure of an existing carport. ' The property is zoned Residential-Two - and located at approximately 5170 • Simms Street. . 3. Cass No- Wp-9637. M application r by Barbara and Walter Bendever for the approval of a 2' hetght variance to ' the 6' maximum fence height require- merit to allow for an 8' fence. The prop- erty is zoned Residential•One Aand locatetl at 3940 Simms Street. r by M.~arolynvRit9 E3 AI oeaPlequest for interpretation to art administrative decision by the Planning and Develop- ' merit Director that a construction equip- ment storage and service facility is a ' use by right in the Light Industrial (I) Zone District. This interpretation ` involves a Light Industrial zoned prop. ' erty located at 5040 Tabor Street. Mary Lou ChaplaCSecratary ' ATTEST: Wanda Sang, City Clerk ' Wheat Ridge Transcript 1922-96 Published October 4, 1996 . The City of Wheat Ridge Police Depart- ' merit has a Great Dane Silver 49 h Box Trailer with no serial number being held ' due to abandonment. If the trailer is not claimed by October 77, 7996 it will be sold. Any person wishing to claim the trailer may do so by contacting Michelle Stodden at 235-2932. Paul R. Edwards, CPPB Wanda Sang Purchasing Agent City Clerk Wheal Ridge Transcript 1923-96 First Publication October 4, 7996 Last Publication October 71, 7996 CITY OF WHEAT RIDGE NOTICE OF FlNAL SETTLEMENT In accordance with the notice provi- lions contained in 38-26-707 C.R.S. . [he City Administrator of the City of .Wheat Ridge, Colorado has established . October 74,1996, as me date of final settlement with Starker, Inc., contrao ,for for the construction of the City of . Wheat Ridgo project number RF8 496- , 20 99waeith the project title of: Wheat Project Olai sd~oota~ning a ver~ ed . statement cf the amrunt due and dnprid must b= ;., ,4 ,-.rn~ of a w.a+Pn 7 to 0 on this 23r r- 7996, ordered f 19 newspaper of gger t, City of Wheat Rid h and consideration I7 for Oefobar 74, ; k p.m., in iha Coun n West 29th Avenur II orado. READ, q t ORDERED pUgl r and final reading t this day of _, 7y, SIGNED by t. day of _, 19_ ATTEST: ~ WANDA SANG, CI APPROVED Ar GERALD E. DAY,i Wheat Ritlgge Trans Published Odober - -~-~_ CITY OF Wf{: COLD! INTRODUCED MEMBEF Coundi E Ordlrtancc SerLes c REQUIRING SpECIt FOR MORTUARIES WHEREAS the es tc require that ne. mortuaries in the C- iricis first reCBNE a pursuant to Sachs Code of Laws. BE I7 OP,Ga.tnlE COUNCIL OF THE t RIDGE, COLORRDp,- Sectlon 1. Subs (20) of the Whew ;-,., aecnon 2. S,tse the Wheat Ridge C amended by renu irx paragraph 26-22 'E, (9) and inserting z ne 2(122 (E). (6), to re:.g: the Wheat Ridc r _ amended by inse^rg Secelon a- Sr-^a. he Wheat Ridce Gc r a, ~~ insenmg z re !E24 (E) (30), is ryd (30) Mortuaries Section S. Eaat, 9ortuaries in exists-cc ate of this Ordr_a-~~ ffected thereby ;r; fquired to obidin a sc~; ader Section 26{ ~,~ Section 6. Sz^,e~, its Council hereb; •,r c. id declares that t`,r, C ~Igatetl underYhe ;hr: o [he Cit of Wvzr ~mNgatedyfor the -K:, ~Ifare of the pubic e.-. rice is necessan M1'i v health and sate:, are i of public cnnve-=,:•. P .,,, r.. ~,~. er pr wr na of do Th NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on October. 24, 1996, at 7:00 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: 1. -Case No. WA-96-35:_ An application by Richard and Kimberly Eggleston for the approval of a 1'-6" side yard setback.. variance to the 5'- side yard setback requirement to allow a carport on a property zoned Residential-Three and located at approximately 4354 Hoyt Street. 2. Case No. WA-96-36: An application by-Davis Sowa for-the approval of a 1'-6" side yard setback variance to the 5' side yard setback requirement to allow the enclosure of an existing carport. The property is zoned Residential-Two and_ located at 5.110 .Simms Street. 3. Case No. WA-96-37: An_application by Barbara and Walter Bendever for approval of a 2' height variance to the 6' maximum fence height requirement to allow for an 8' fence. The property is zoned Residential-One A and located at 3940 Simms Street. 4. Case No. WA-96-32 An application by M. Carolyn Ritz, Et Al, for a request for interpretation to an _administrative decision by the Planning and Development Director that a construction equipment storage .and service facility is a use by right in the Light Industrial (I) Zone District. This interpretation involves a Light Industrial zoned property located at 5040 Tabor Street. Mary Lou Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: October 4,- 1996 Wheat Ridge Transcript TELEPHONEt 303/23%6944 The Cify of P.O. BOX 638 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~1Vheat Ridge October 10, 1996 This is to inform you that Case No. rT7a pF zs which is a request for 1'- side and set ack var'a o the 5' side re uirement to allow a car ort for property located at 4354 Hoyt_Street ____________- will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 west 29th Avenue at 7:~ P.M. on er 24 1 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 .,I~hr ('nr~tn/i~,rr ('ilr. ~ - -- w • • y y y ~ m ~. 5 m i L~ O i ~ __ ~ ~_ ~. d ,.. a a w E ~ (9 ~: ~ ~..~ ~ ~ N 9 O B ~ Vj r c ~ .- F ~ 0 4 ~ ,...C v ~. fi' r 0 O m ' ~ ~ ~~ ~9. 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PI.gCE STICKER gT ' 70P OF --»>_~ _ THE R1GHi OF. ENVELOP -' RETURN ADDRESS. E 70 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: October 24, 1996 CASE NO. & NAME: WA-96-35 /Eggleston DATE PREPARED:October 15, 1996._ CASE MANAGER: Sean McCartney ACTION REQUESTED: 1'-6" side .yard setback. variance to the 5' side yard setback requirement to allow an existing carport to remain 3'-6" from the north property line. LOCATION OF REQUEST: 4354 Hoyt Street. NAME & ADDRESS OF APPLICANT(S) Richard and Kimberly Eggleston 4354 Hoyt Street Wheat Ridge, Co 80033 NAME & ADDRESS OF OWNER(S) Same APPRQXIMATE AREA: 7,920 square feet PRESENT ZONING: Residential-Three PRESENT LAND USE: Low Density Residential SURROUNDING ZONING: W: N: and S: Residential-Three , E: Residential-Two SURROUNDING LAND IISE: W: N: S: and E: Low Density Residential ----------------------- DATH PUBLISHED: ------- October 4, 1996 DATE POSTED: October 10, 1996 DATED LEGAL NOTICES SENT:October 10, 1996 AGENCY CHECKLIST: ( ) (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 IVo. WA-96-35 I. REQIIEST The applicant is requesting a 1'-6" side yard setback variance to the 5' side yard setback requirement to allow an existing carport to remain 3'- 6" from the north property line. As it stands, the support posts for the carport are currently 3'-6" from the north property line (side property line), and the roof eave extends one foot further (2'-6" from the. property line). This case was originally brought to staff°s attention through a stop work order issued by the Wheat Ridge Building Department. The applicant was constructing the carport illegally, and too close to the property line. The applicant originally believed that the property line was located 2° further north, but, after erecting the support posts, was informed that the property line was actually 2' further south. Section 26-16 (F) of the Wheat Ridge Code of Laws states that carports built within the Residential-Three zone district must have a minimum side yard setback of 5'. II. CRITERYA 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, because the current use of the property is low density residential, and a denial. of this request would not effect the reasonable return in use, service or income. 2. Is the plight of the owner do to unique circumstances? The plight of the owner is not due to unique circumstances. The plight was created when the applicant built the structure without a valid building permit, nor an accurate survey. 3. If the variation were granted, would it alter the essential character of the locality? No, because the property to the north has an identical situation (a carport with a non-conforming side yard setback). 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 mese inconvenience if the strict letter of the regulations were carried out? The property is a relatively flat, rectangular site of 7,920 square feet. There .isn't any evidence of a physical hardship. 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 is reviewed on a site by site basis. But because the regulations for property development remain the same in a given zoning classification, the conditions -for this petition may be generally applicable to another. property. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? The purpose of the variation is for additional parking space, for personal use, which generally does not classify as an exclusive desire to make money out of .the property. 7. Has the alleged difficulty or hardship bees created by any person presently having an interest in the property? Because the applicant built the carport without approval of the wheat Ridge Planning and Development department for a valid building permit, the hardship is self imposed. 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 this variance will not be a detriment to the public welfare or injurious to other property or improvements in the neighborhood, because carports are an allowable structure within all Residential zone- districts. 9. Would the proposed variation impair the adequate supply of light aad air to adjacent property or substantially increase the congestioa is the public streets or iacrease the danger of fire or .endanger the public safety or substantially diminish or impair property values withia the aeighborhood? The proposed variation will not increase the congestion of .the streets nor increase the danger of fire, but it may impair the adequate supply of light and air to the adjacent property to the north. As of the writing of this report, staff has not received any formal complaint which would warrant denial. r AREA REQUIRING SITE PLAN APPROV`i,_ ZOf~I I'~G M}~t~' ~1i"'fEf~tT RIDGE - --~ ___f 100-"~~.R FLOOD PLAIN lf.PPROXIMATE ROGATION) GOLOR~DO RY o P RG / OT ED~DRY ' DESIGNATES OnINERS^!P) MAP ADOP i -~: Jun< 15, 1494 Lcaf Re~iaon: _anuary 10,1995 - - - -~ NA'i-`R PEATU2~ + DENO~S MUL`P.E ADDRESSES r~Aa~- o= ?-uttirn~ tinD a-~r oTar - 2'Ir2as7 t ~~ ~~ ~~ ~~ SC.kE I'Tt00 ~ Z~ „i j~l ~:; r V1 g .r ~' D ~ \Z „ b ~ ~1 e ~ ~ ~ ~ ~ !s l ~ o, ~ y~, ~ ~ '~ 0 3 ~ ~_ ~ ~ ~ I, ~ N ~• W ~'1 c ZONING AND DEVELOPMENT § 26-16 Sea 26-16. Residential•Three District (R•3). (A) Intent and Purpose: This district is established to provide high quality, safe, quiet and stable medium- to high-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the medium- to high-density residential character. B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of the following uses: (1) Same uses as permitted in R-1, R=1A, R-1B, R•1C, R•2 and R-2A districts. (2) Multifamily dwelling. (C) Permitted Accessory Uses and Accessory Buildings: (1) Same uses as permitted in R-1, R-lA, R-1B, R-1C, R-2 and R-2A 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•l, R•lA, R-1B, R-1C, R•2 and R-2A districts. (E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Plan• Wing Commission and city council, following procedures as set forth in section 26.6(B): (T) Same uses as permitted in R-1, R-1A, R•1B, R•1C, R-2 and R-2A districts. (2) Small day care center. (See section 26-5, DeFuvtiens.) (3) Nursing home, home Car the elderly or congregate care facility. (4) Day care center. (F) Development and Use Regulations-Residential-Three District (R-3): Maximum Building Maximum Coucrv Height age4' .Minimum lfinimum Lot Lat Area Wulth Minimum Frnrst Minimum Minimum Yard Side Yard Rear Yard Setback Setback'°°' Setbaek'b1 One-family dwelling 35' 40% 7.500 sf 60''" 30'w 5' 10' Two-family dwelling 35' 40% 9,000 s! 75"" 30"" 5' 10' Multifamily,(3 or more dwelling 35' 40% 12,5001°' st ~ 100' 30' 15"" 30"" units) Group home 35' 40% 9,000 sf 75' 30'w 5' mn..r av~ jy"'-- i= Ce~ ~ 69N 10' eo ~~wrr}a^ ~l i e per unit ~ Private storage shed 20"" 400 sf/ 9.000 sf 75' 30' S"" 5"" 4 d.u. Churches, schools, government 35' 4090 1 acre 200' 30""' 15'd""' 20' and quasi•government build- ings, golf courses, small day care center, and nursing, eld- erly and congregate care homes All other uses 35' 4090 7,500 sf 60"" 30"d 5' 10' (al Side and rearyard setback shall be ten t 30I feet for the first two I'll stories and an additional five (51 feet fareach additional story over two 12) stories. foal Any side yard which abuts a public street shall have a minimum setback of thirty (301 Ceet for all structures. lb) Any rear yard which abuts a public street shall have a minimum setback of thirty (301 Ceet (or all struMUres. Supp. Na. l2 1715 § 26-I6 WHEAT RIDCE CITY CODE (c) Front setbacks for one- or two-family dwelling structures on lots or portions of lots which abut culde-sacs may be reduced to Cen (10) Ceet for those portions of IOLV which abut a culde-sac bulb. (See Figure 26.5.3.1 (d) A minimum oC two thousand one hundred 12.100) square feet oC land area shall be required far each dwelling unit (or multi- family buildings. (d Any building or structure which houses animals, except a residence, shall be set hack fifteen (15) feet. (t) Poultry houses and pigeon coops ere limited to a maximum height of twelve (12) feet. (g) Minimum twenty-five (25) pemnt landspping required on site. ISee section 26-32.) lh] Minimum ten (10) Ceet o! landscaping is required within the front and side yard sethacks adjacent to public streets. (See section 26.32.1 (i1 Corner lots shall have a minimum lot width oC eighty (801 feet for both street frontages. (Ord. No. 1989-796, § 7, 6.12.89; Ord. No. 1990.827, § 1, 4.9.90; Ord. No. 1992.899, § 4, 6.22-92; Ord. No. 1993.945, § 5, 12-13-93) Supp v., Iz 1716 WHEAT RIDGE BOARD OF ADJIISTMENT pa e 2 MINIITES O1~ MEETING: October 24, 1996 4 2. APPROVE TH8 ORDER OF THE AGENDA Motion was made by Board Member SCHELMEYER, seconded by Board Member HOWARD, to approve the order of the agenda as printed. Motion carried 7-0. 3. PIISLIC FORIIM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PiJBLIC HEARING A `~`~~~~-"; An application by Richard and Kimberly Eggleston for the approval of a 1'-6" side yard setback variance to the 5' side yard setback requirement to allow a carport on a property zoned Residential-Three and located at approximately 4354 Hoyt Street. Sean McCartney presented the staff report. All .pertinent documents were entered into record, which Chairman WALKER accepted. l Board Member HOVLAND asked if the setbacks were different for open structures, and Mr. McCartney replied department policy allows a shed that is opened on all sides to be placed within 1/3 of the distance of the required sideyard setback, and that rule applies to porches, decks and patios also. It was noted there were no formal complaints. Board Member ABBOTT questioned if the applicant was misinformed by a city employee, and Mr. McCartney answered no, his neighbor was the one that misinformed him. Board Member JUNKER wanted to know how this was brought to the staff's attention and Mr. McCartney replied it was through .a 'stop work order' by the building department. Chairman WALKER asked if staff knew the distance from the edge of the roof. to the edge of the building next door, and Mr. McCartney answered he did not measure-that, so maybe ask the applicant. Mr. McCartney added there could be placed as a condition for approval the downspouts be aligned to flow from the adjacent property so the runoff will not affect the adjacent property. " WHEAT RIDGE BOARD OF ADJIISTMENT ffiINIITES OF MEETING: October 24, 1996 Page 3 The applicant, Richard Eggleston, 4354 Hoyt Street, was sworn in. He said a friend helped him put the carport in and they went off of a mark they thought was the property line, when it actually was not. Board.Member HOWARD asked if-the surrey was completed before _ or after construction started, and Mr. Eggleston answered after._ Once the stop work order was issued he obtained all the information from the city that they would need. Mr. Eggleston said the roof-is at least 8 feet--from the edge to the edge of the building, however he did not measure Board Member MAURO asked if the structure was completed_as far as building, and Mr. Eggleston answered yes. Board Member ABBOTT asked the applicant if. he had considered setting the posts in the 1'6" that is needed, and Mr. Eggleston replied yes, but he poured his driveway also and.. -- the posts are setting on_2' caissons. He would have to tear it all out in order to move it over.. __ No further questions were asked at this time. Motion was made by Board Member ABBOTT, that Case No. WA-96- __ 35, be APPROVED for the following reasons: 1. The intent of the ordinance which is to provide an aesthetically pleasing space between structures cannot be affected to due the proximity of the dwelling to the north. Relocating the posts would-serve no visible or practical purpose. 2. The carport is 225 square feet smaller than what is allowable. 3. The carport is completed to a state where it would seem unreasonable to require. relocation, in particular, there were_no protests registered against it. WITH THE FOLLOWING CONDITIONS: 1. The carport shall not be closed on any side. Board Member ECHELMEYER talked on precedence and found it difficult not to grant the motion, and Board Member ABBOTT agreed.. - Board Member HOWARD .was curious to know if the other similar carports in the area are-legal or not. Mr. McCartney said (, there has been no record of-building permits in that area. WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MESTING: October 24, 1996 Page 4 Motion was seconded by Board Member ECHELMEYER. Motion carried 6-1, with Board Member HOWARD voting no. Resolution attached. - B. Case Np. WA-96-36: _An application by Davis Sowa for the approval of a 1'-6".side yard setback variance to the 5' side yard setback requirement to allow the. enclosure of an existing carport. The property is zoned Residential-Two and located at 5110 Simms Street. Sean McCartney presented-the staff report. All pertinent documents were entered into record,-which Chairman WALKER accepted. Board Member HOWARD asked when the garage was converted into living space was there a building permit pulled, and Mr. McCartney said he assumes there was, but he is not positive. Board Member MAURO asked then if the applicant came in to get a permit to enclose this structure, and Mr. McCartney replied yes, and thus resulted iri a variance. The applicant is asking to enclose the south and east sides only, as the front side is already closed. Chairman WALKER was concerned with the feelings from the_ neighbor to the south, and Mr. McCartney assured him the neighbor called in with questions about the easement and not for-any opposition. The applicant, David Sowa, 5110 Simms Street,, was sworn in. Board Member MAURO asked the applicant when was the enclosure started, and Mr. Sowa replied about the same time the structure was started. Board Member ABBOTT wanted to know the distance to the house to the. south, and Mr. Sowa answered 150-200 feet. ___ --" Discussion followed. Board Member ABBOTT said since-this is a non-complying structure why was the Board not asked to approve the whole structure instead of just the enclosure. Mr. McCartney explained that the actual approval is to allow the carport 3'6" from the property. The applicant says it is an application for a carport to be enclosed, but as far as the regulations read that carport becomes an enclosed, attached. single-car garage.- Mr. Sowa asked why this was not approved when he received his building permit. He had started construction and had several inspections done and signed off for an open carport, t 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 24th day of October ,_1996. SASE NO:W`A=X36-35 APPLICANT'S NAME: Richard and Kimberly Eggleston LOCATION: 4354 Hoyt Street Upon motion by Board Member ABBOTT , seconded by Board Member ECHELMEXER , the following Resolution. was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-96-35 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 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-96-35 be and hereby is APPROVED. TYPE OF VARIANCE: A 1'6" sideyard setback PURPOSE: To allow a carport FOR THE FOLLOWING REASONS: 1. The intent of the ordinance which is to provide an aesthetically pleasing space between structures cannot be affected to due the proximity of the dwelling to the north. Relocating the posts would serve no visible or practical purpose. 2. The carport is 225 square feet smaller than what is allowable. 3. The carport is completed to a state where it-would seem unreasonable to require relocation, in particular, there were no protests registered against it. Case No. WA-96-35/Resolution Page 2 WITH THE FOLLOWING CONDITIONS: 1. The carport shall not be closed on any side. VOTE: YES: Abbott, Echelmeyer, Hovland, Junker, Mauro and walker NO: Howard DISPOSITION: A 1'6" sideyard setback variance granted by a vote of 6-0. D this 24th day of October, 1996. ~~ OBERT WALK , Chairman Mar oL hapla, Secretary Board of Adjustment Board Adjustment PUBLIC HEARING SPEAKERS' LIST CASE NO• WA-96-35 DATE: October 24, 1996 REQUEST: An apglicatiott by Richazd and Kixgberly Eggleston £or the approval of a 1"'6" side yard setback variance to the 5' side yard setback requirement to allow a carport on property zoned Residential--Three and located at approximately 4354 Hoyt Street. Position On Request; r - -~ r - , i i i i i i t i i i I ' ~ ~ - , i ~ ~ ~ ' i ~ ~ ~ i i ~ ~ _ ~ i i ~ ~ i i i i - - i ~ _ ~ y ~ ~ i i i ~ ~ ~__ _ i i i ~ i i ~ ~ _ , , r ~ ~ ~ i ' ' ~ i ~ ~ , ~ i ~ ~ ~ i ~ i i i ~ ~ , i ~ ~ i ~ ~ , i ~ , ~ ~ i -__ - t + __ ~ i i ~ i ~ , ~ ~ ~ __ ~ ~ ~ i i ~ ~ i ~ ~ i ~ ~ _. i ~ y ~ ~ i ~ ~ ~ ~ i __ .~ ~ i ~ i i i ~ i ~ i i ' r ~ ~ ~ ~ ~ ~ i ~ ~ i ~ ~ 1 ~ ~ I ~ ~ 1 ___ 1 f I ~ ~ ~ I 1 = __ ' _ ___ _ ; _ ;. I I ~