The URL can be used to link to this page

Home My WebLink AboutWA-96-36t~li~ • R~ ° 3~ ~ S~W~ ~+~.1 ~PPLtc~ZOnS x+/~ p'PV°~2vvh.!_ cF -cb n-4e s` siveya.~n ~~r-+ iz>~'u~~~+r -fio a;-t-ew -n+i= Er1Gu~sua~ ~r e.w t1c is~nri~ GARPOiz1' ~7'fE ~ap~ri( ~S ZoN>/D ST<2II~T" ~i t0 siMWtS VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 80034 TELEPHONE 424-9661 October 24, 1995 David Sowa 5110 Simms Place Wheat Ridge, CO 80033 Dear Mr. Sowa: Pursuant to our telephone conversation yesterday, the Valley Water District has no concern with your proposed carport on your property located at 5110 Simms Place. The Valley Water District would have a_concern should this structure intersect the public right of way of Simms Place, but provided that the carport is located on your property, it does not interfere with our water lines or easements. Should you have any questions, please contact our office. Sincerely, Kathleen M. Kadnuck District Office Manager ~~ r` The City o~ Wheat Ridge ~~ ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development- 7500 West 29th Ave-., Wheat Ridge, CO_-80033 . Phone (303)-237-_6=944 , Appl-icant .'~ ~Sr~ Address~$?/O iL f/Y~1S Phone~j Owner f~~~'L., JA Address $% p /,r So„~irf r Phone Y~ c~~~ $~„~ Location of_request 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 o£ code __- Temporary-use/building permit Zone line modification -- Minor subdivision Public Improvement Exception Subdivision Street vacation B Preliminary Miscellaneous plat Final Solid waste landfill/ []** See attached procedural guide mineral extraction permit for specific requirements. / ^ Other ~/ Detailed. Descrip ion o£ request v riv~(6,~-' f,~~T /',~rjrs ~~,y~r~.i~- b~ ,0.4/~ 4/uE `7e~t C F ~E~~ o Uef S ~~i'" ,fl.6tio( S'1 ~ at r. , List all persons-and companies-_who hold an interest in-the described real _ property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE ~~~ ~4~a - I certify that the informatics and exhibits _herewith_submitted are true and correct to the best o£ 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 actior. cannot lawfully be accomplished.- Applicants-other than owners must submit power-of-attorney From the owner which approved o£_this / on hi b 1£. Si riatur~'-o£„Applicant ~ Subscribed and sworn to this /~ay f 19 ~_ _ 5 t. - ~WY _ ~~~~-^'• ~''`~ 4r Notary Public ~ CCil.d~~., My commission expires - - , Date Received Receipt NO. Case NO_. 09/2~/1996 11 59 2569802 - .. ._. Aa..___.... .,__,_.,,... , .,_........, .. ., .., RECEPTION N0. F0101397 iB.c4 742 RECORDED IN JEFFERSON COUNTY, COLORADO attrpnna>,. ,..... . WARRANTY ~j ~~a~ aw ~,~ ~ Qj PAGE ea PG: 0001-001 / ,,,,~ / 8/1?/45 Lf:42 THLq DEED. Mado mis 11th Joy Of Auqust .19 95. betweep Dn1e T. Sehlengor, MICA Dale J. Bogen of the County of Tefferaon and Stele of Colorado annWr. and Davifl J. Sowa and Cindy L. Sowa arbaselegai address is 5110 Nozth Simms Piaea, What Aldge, Colozado 80033 tifdm'Caunty of ~Je£~i'non and 9tblr of ~ Colorado ~ . gamines: ' :"`a'm't N17fl655, Ihat thepmmr.fm and ineoreidexadon o[tbe spmof ONE HUNDRED TWENTY 'i490 TFIODSAND NINE R48.®RED AND NO/10U___.-______~______________________.._________...--- __..__________~_..._______-_..___________pO11AR5. (5122, 900.06 ). tGcremipta~ stdttdmry of which u bembY mhwwldgal. hat grmted bargdswd. gold and ~pvuyed. avd by [hey presrnn dop pant bat yam seLL eapvey aad con6tm, unto the pantees.Ihem Mirs and aeslgm Porevnf, rtatlnleaepey to uommonbatfnJoWttenaney, aD msrplpropcry mge[br¢wim impmvemmts. i[any, gimatw lying and being in [bc County of Teifexson and Sate of Colorado, daaibed u fohtm's: Lot 5, Vdeta Aiflgo Dsive, County of Jaffa:xson. Statc of Colorado a)aokmwa by saint and numbtr 4s Silb Simms Place, Wheat Aidge, Colorado 80033 TOGE'I#fER wim aU and xiagulu me hcnditman`ma and appupenm4a [bercuntu beloogigg, or m myx~sa appaaioity^. and $a ravauion nml revcsions, remairdar and remainders, rmtc, iswp and P~t+ dra,wf. atul all lbc eguta riabt dd2 imCtst chin and demmd wbatsoevc of the gmlar, either in law Or nquity, oL in and m the above bagainul premises, with the 6eKAtamnon and appunenmwes. 70 HAVE ANDiO HOI,A dN' wid prendtes abovo barguinetl and described, with the apptmenances. into Urc grapaxi Heir 6eby and soigne fomver. Aod the pm[m. for himsull, his bobs and prnoml repraemadveg. doer rnrcoant pant bargain and ages m and witlt Ihr gaamca, ahcir bens and agsigm. Wet at the time of [he enreatirtg and delivery of mpe presems. he is xA seized o(the p[amises above epnvmyetl. bss good, sure, perfect, akolme apJ imkfeasible auu; oP iaheritaneq in ]w, m fee imple. am has good right full power and 3awte! wtbari[y to grunt bargain, sell and convey the ate. me m manna and fnrm as aforesaid, and thu the same arc Ette and dpr [ram al! [omlat and oN t grmts. Oargafns, snip, hens, tarp. assassmaan. enambmaoa andrprdcdpns o[ whatnvnr kind or nature aneven ntcept for uzex far the Current your, s Ran but nor yd: doe ar gayabk, wemeats.rp4dceloatb resarvarfons,COVCaoau and rlgbtsof-any ofremrd, Itmy, . 76egrmtorshall mdwil! WARRANT AND FOREVER DEFEND dlcabove•bartainedprrmisp io doe quiet and peaaabk posres- sion oFlhe grantees. they hcin and usigos. against all and nvcrypmop ar pmsons lawfully claiming lh¢ wholearmyparttheraof. The si~eola ameba shall im:lude tbo p1uN. Ne pkaal the aingulw, and the usu of any gyfdx shall lie applkebk m aU gmders. LN XYlfNE55 WHEREOF. the srmmrbu agceut<d Wi3 deed nn the date satfoM above. STA3E OF COIARADO ) 1 ss. COUNTY OF SEPF£RSON ) Ybe keegoipg ksaament sues a<kaowkdged bcforc methis 11th day of AugusE .1995 .by Cale J. Schlengar, MICA Dale J. Dogan ,yy Commisaioo arphp: Nay 19, 1997 Wi ss ykmd mdo als { C~LENNA L UNDEMANN Glenna L. LinOoetm~ann L` 0 F]ae aRl6rygtgS RECEPTION N0. F0078BB6 6.00 PG: 0001-001 742 RECORDED IN JEFFERSON COUNTY, COLORADO 7/05/95 10:28 ~'nI~ V c f, ~ ARVADA .... Giv fir ~uv: '~var rr'i""'~'i4H9]IOh w1~hT Ri~~ I ~~p ,~ i pro. "~-%~-s IL1 'r ~ ~~ ~ ' PID I z ~ w 90TH AVE ~ I ~, ,~ ~ ~ r ' r _ ~ ~r~~>. ~ I x,90 I ~~ _ i f I ~ "~.,..~ PI D ~ ~ ~ ~ ~..~- x . ~ I ~~ WZ-T2-]6 NA00 ill } W ~l ~ ~,,,~+'^ / .,~i+'"'~~~ _..w~ OWDs`f2~OR PAR INOfd SUBD V;SION PnRic I su. .D ~III~ ~f~0 .::.~::-~~:~~_-,_-. f WZ-T&-IIB I I ~ ~ -=~.-~- s ~ ~ nbR ir~ _-_. .~ , O~~ I ~I,hL ~ ZONE D!HTRIGT HOUNDRY ZON! NG MAP - PARGELiLOT HOUNDRY H~~T W RI DGE (DES16NATc5 OWNERShIP1 W-+•~. UTY LIMIT LINE / ' A IiOLORTCDO ' .. -` - WATER FEATURE D_NOT=_5 MULTIPfF ADDRESSES MfiP ADO?TcD: June 15, i99d ~asr Re~isim: May !O, 1995 / ~~ WA• `ib• 3b ~~ i I MOVVT•dv ,•~9't1 PGD ~~~c+rr cawvuTr ^,~~, ' K2:,, .i.`; . c.r rJ~ ' uZ i0-f i `N' 5~ !~ ~~~ uamn o w.w aro SCALc ~ X100 r_~hR;,~rr o- ~uwdfn~ um xvaa>~rr - z~-zssZ ~ a ~ ~ ~~ ~ ~_ 3~ ~ ~~ E ~ ~~ Q ~~ £0 3~Jt/d ~_..~ ;~~ j "! ~ -_-~' ~~ ... _ .. ~ 7 '; ~ ~, '~ i -~: i p n.S ~~ ~~ '< ~., ~ ~ Z ~~ 1N ~` C~ ~~~ ~ ~~~ `\y\jY #~ ti\1 V~V ~. Z086bSZ 6S~Si 966L/LZ/Ti@ a ~~~ NOTICE OF PIIBLIC 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 24th 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 i'-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-9b-38: 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. 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 A1, 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 TELEPHONE: 303i237~6944 The Crty of P.O. 8OX 638 7500 WEST 29TH AVENUE WHEAT RIDGE. COLORADO 80033 G`]vheat Ridge October 10, 1996 This is to inform you that Case No. WA-9F-"~ti which is a request S' eirla - fpr pUrp~ral Or a l ~ Fi ~ cit7P c.~rr~ i-h U the and setback r ___i for property located at ~;in c;mms~~r~ t ,--- will be heard by the in~heat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 P.M. on October ~n ~9AF 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 ..,/,/t, l'nriu,ti~,~, ~'it~ . • YY :. lh 7 t^ - ~ ' 1 4 ~ g 'e e%j`O r\ , ~~'_ M y 4`rn a $ ~f .. .-~ ~~ ~`.: c O o j t~ •-~ U lV, o' ~ ~~~.~yyyQ U m ti M O O N { Ji _ _~.~, 'OS 3dOl3A! to M o ~~ o ~ i x o ~ ~ ~ ~ (IS N ~ ~ r ~ ~ Q ~ rl O C ^ ~ r P$ Lf1 T 15! I ~ I Li~{~,, F~ ~ a C. ~ ~ OJ ~ w ' 6 W C ~n L` t.[ ) ~ ~ ~' ,~ s LL. C UO ~ cv Z O r t - y p D ~ _ _. y ~ m s~ ~ O ' 9 d ~?. ~ Y s-~ A .. ~ RI .. - W N us i~1 !!~ ~ 'm ~ '3 ~ ~ __ j ~ Q '" tirt N ~ ~ F ~ ~ ~ ~ 0. i µ. ~ M1 _ ~.' O , _. ~ _ $ ~ ~ 3 y ' N o ~ N ~ ~. ~. n i u ,~ tom' ~ ~ ~' ~~ =° ~ ~ c ~ 'm d s ~ r, ~ /nr r~ (~ . T' ~ o _ .-.. ~ ~ x n .. o 8` w t: ~ ~ d a ~ ~ _.. t„ J n ~ ~ ~ _ 3 I-+ ~ Fo -..~ ~ 3 _ ._~ ~ N J 6 ^i d O ¢ ° D - ° y U ~- r~ . _ '.~~ - ~ ~ ~ a m ~ ~ ~ O~ ~ n N o N ~ O £ . m n m Z ~ _ ~:~] ~ ui c~ ~ .o O 3 c o 21 1 T' ~ '6 y ¢ ~ ~ a a ~ 1 r < . o m y A --- 3 m N +n 'I'I E' W ~ s ~ m~ ti o cD m O Ln m o w ~ ~ ~ N D m m. ~ ~ ~ ~ m a ~ m % < ~1 w ' N (gyp N N N N P 560413 587 J7 W OJ O O C O (A w_ m N rt ~ ~n ~. Q.~ H\ O m ~~m Z m c $y~[$ t'n ~ ~ m ~ z Q1 t`d . ~ ^ z ~ ~ °~ ~ F" I + ~ ~ o~ ~ ° o 71 C i Q iFa' $ m m o0 ` M A \r i i 4 'm o C3 C W F Y •+ y m m ~ < m y c 2 ~ ® y 9 _ ~ 49 l7rl V TP ~a n .. o ~ ~H €o ~ no a~ ro c Q W W W o E~ . n~ ' y 3 9 y m IMPORiANP. PLACE STICKER AT TOP OF ENVELOPE TO -_ ' _ THE RIGHT OF RETURN ADDRESS. _ _ _ f -,,...~..,~_..._ t _ -- N a> rn w • • to ~j n N ., n A ~ ~,~ ~p 'OJ W ~': v r m 3 '~ c _ C" ...: .T. Nt ~ m "' w _ • ~ . .- 3 ~ r~ n ~' ~.. t'= ~ y e ' ~ m N t+. a ~ ~ z J ~ ? ~~i ~ • {J' ~ ~ O O ~ n N `G ~ "": o ~ m ^m m w F S_ ~/ m 7 r ~ ~ ~ R. ~ m &- ._ W q ~ry },y ~ ¢ m9D o ~ .. ' Y ~ Ci N' ~ '° $ {~: ~ _~ ~ to ~r~ " {N• CL ° o ~ ° F r n w +~ :: ~ ~ ~ ~: _ r. _ rn C p,. w~ ~. a ~ ~ ~ ~ -_ - ~ r ~ t.. ~ o S. o A a v .. F ~. ~ ~ k `$ ~ 3 W ~ m m t ~ n ~ " ~ ~ ~ ~ 3 _`~S m ~ - ~ - ~ a __~ ~n o a ~ ~ ~ ~ o .. F--- p y Tf LJ ~'. n m m ~' (~D j m m LtJ 3 m m w o N ~ ~ ~ ~ w o m n ~ '~ m ~ s ~ N N ~ _ ___~ P 960 4Z3 591 v ~ A r.i - _ - ._~- Q. 7J W W 0 Q W m °o C O N w <. (D Cn m m m Rl ~ m c -I m -~i ~ O .P 96~ 413 59~ _ .... ... 4+ S A fD c m c Z z - i m y K & SV j.+ ~ ~ 4R }+ M ~ A OS _P 960 413 589 e~ ~~ei Q1 {9 T rt n ~ ~ ~~ ~ ~ ~ ~ , st ~ O+ ~ ~ f~ ~ ~~ a ~ ~ t3 GS 4i id3 C 0 a N S A m m m m c n v n m -I Z ~ m o° c m o m c i a gII IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO ___ __ ,- THE RIGHT OF RETURN ADDRESS. . ___~ 09f27l1996 11:59 2549602 - -. DEPARTMENT OF PLANNING AND DEVELOPMENT ' BUIL.DtNG INSPECTION D{VtSION - 235-2855 CITY OF WHEAT RIDGE 75DD WEST 29TH AVENUE WHEAT RIDGE, CO 8D215 property Owner Property Address :5110 SIMMS Contractor License No. Company Building Permit Numher PAGE 02 -- - 2776 Date : 3119196 Phone : 424253 Phone OWNER/CONTRACTORSlGNATURE OF UNDERSTANDING AND AGREEMENT Construction Value : 5500.00 1 Hereby mttlfy that the setbedr dtstances proposed DY this Pem'it application aro aecurete, Permit Fee : St ~-Qd aM do not viofeta appaeabte o~dinaeu~as, NIBa ar reguladdne of tl~e Ctty of Wheat Ridge or $0.00 wvenants, easements dr restnetinns of record; that all measurements shown, entl aoagations Plan Review Fee made aro arrunte: that r have read anC aagg+ee to abide byy alt conditions printed on this USe Tax : 57.50 applieatron. and Mat 3 aasuma foil responesbiC4v (dr compliance vriU+ ate Wheal Rkige auildi~ Code (U.6.C.) a~ at! ntfa:r appGrabre-WMet itlpa taemancea, for wodt untler this pefma. ~~_ Total: $22.50 (OWb1ER)(CONTRACTOR) STONED _ Desctio6on . OPEN SHED NO SIDE WALLS . DEPARTMENT USE ONLY Approval: Zoning : Approval: > wr Approval : Occupancy : Walls SM OK 319-96 d ~~ ~ ../~/i G I~ .: o.~ ~~,~ /9~ a. ~- Roof : Stories : Res+dential Urn'ts Electritxl License No : Plumbing License Na Company : Company Expiration Date Approval: ® ~. Expiration Date Approver orovietons fattath in raper ~Dpr!naa!! (1) lrYa pemttsas leattad in as 2gryladw~6 and Building Cd7] (2) ma: penfYt aneua»an( 4 abandoned f« a petted d 1 (3) tf dad parmY evd!ea _a 1Nwl sj E&1 Mechanical License No Company Expiration Date Approval: mabwraame uty lady deya Eon Issue date«te) tde taitdmg autlnAtW f7 « aawmtnomiaui rogd~ea. aovid~ no dv~a neue teen «+.ia 4e made tJ1 d2 n eac®aea and n)rear. dnanpesani made «IISwpmiria~«adw~damrM rtw. !u ene inaii teaaae+aritten approval an ine~peeaod ~n eerare b be a pemW rpr, n« an apt><dwtar. all votatlM d' ac awisons THIS PERMR VrA~LLD 0 ~ S 33 24 FiOUR$ PRIOR TO INSPECTION G INSPECTOR DEPARTMENT OF PLANNENG AND DEVELOPMENT BUfLDENG fNSPECTfOf~ DES°ISfCC;if~ - 235-2855 CITY OF Vt'1-IEAT RiDrE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Properly Owner Property Address : 5110 SIMMS Contractor License No. Company: Phone: 424-6253 Phone OSNNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify chat the setback distances proposed by this permit application are accurate, and do.not violate applicable ordinances, rules or regulations of the Cify of 1Nheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by ail conditions printed on this application, and that i assume full responsibility for compliance with the Wheat Ridge Building Code (U.6.C.) and all other applicable lNheat Ri^ce rrdinances, for work under this permit. (OWNERj(CCNTRACTOR) Descuption : OPEN SHED NO SIDE WP.LLS Building Permit Number : 2776 Date : 3/19/96 Construction Value : $500.00 Permit Fee : 515.00 Plan Review Fee : $0.00 Use Tax : $7.50 Total : 822. FO BUILDING DEPARTMENT USE ONLY' Approval: Zoning Suitdang `CgT1i~FFit Approval: Approval Occupancy : Walls SM OK 3-19-96 Roof : Stories ; Residential Units : Electrical License No : Plumbing License No : Mechanical License No Company: Company: Company: Expiration Date : Expiration Date : Expiraticn Date Approval: Approval: Approval: pian~ts"Rsgu ' rPl`aFis'~e~;?_ _j 1~d~R~aGi~d~=:-~ (1) This permit was issued in accordance with the provisions set forth in yopur application and is subject to the taws of the State of Colorado and to the Zoning Regulations and Building Code of VYneat Ridge, Colorado or any other applicable ortlinances of the Ciry. (2) This permit shall expire if (A) the work authonzed is not commenced within sixty (6o) tlays from issue tlate or (B) the building authorized is suspended or abandoned for a penod of 720 days. (3) If this permit expires, a new permit may be acquired fer a fee of one-half the amount normally required, providetl no changes have been orwill be made in the original plans and speaficatlons and any suspension or abandonment has not exceeded one (7) year. If changes are made or if suspension or abandonment exceeds one (f) year, full fees shall be paid for a new permit. (5) No work of any manner shall be done that will change the naturalflow of water causing adrainage problem. (5j Comroclor shall notiry the Building Inspector twen+y-four (24) hours in advance far all inspections and shall receive wdtten approval on inspection card betere procgediing with successive phases of the job. (6) The7ssuance ota permit or the approval of drav.•ings and specifications shall not be construed to be a permitfor, ner an approval of, any violation of the provisions ofltt!e~bull g codes~or a/nJy/yther ordinance, Ivw, rule or regulaLOn. Chief Building Inspector THIS PERMET VALED ONLY 514"f~EN SIGNED BY TFiE CHIEF BUILDING INSPECTOR CALL: 234-59ss 24 HOURS PRIOR TO INSPECTION DATE: OCTOBER 15,_1996 T0: CITY OF WHEAT RIDGE -BUILDING DEPARTMENT iROM: DAVID J. AND CINDY L. SOWA 5110 SIMMS PLACE WHEAT RIDGE. CO 80033 RE: BUILDING PERMIT TO ENCLOSE CARPORT THE FOLLOWING RESIDENCE HAVE SIGNED. IN AGREEMa]'T TO OUR PROPOSID BUILDING PERMIT. THE EXISTING CARPORT LEES NO'T COMPLIMENT OUR PROPERTY OR THE NEIGHBORHOOD. THEREFORE, WE ~Y REE}2UEST THE APPROVAL OF OUR PII~MIT TO ENC7ASE THE CARPORT AND MAKE AN ATTRACTIVE GARAGE. ups; ADDRE':~5 PHONE --- -~ z -~s G ~~SS 5~~~,d~r~ ~~ ~zz- 3 ~9~ K N SAS '~ { GATHERING ~rrrwar (303/ 659-5922 ' GAS LOCATION SKETCH r TRE'sV01 00019 UNCC 0;=/23/9Cti i1.C4• AM +"t1f1J.4t=8,3'Z+ NORh1gL eRID ~~- 3 2 3 8;5 Ticket Nbr: 0044.83Q+ Original'Call Date: 02/23/36 Time; 121:14 RM, Op; PGU Requested For Date: 0~l27/96 Time: 10:15 Rh! Hrs Notice: 0G84 Meet: N State; Cf] County; ,7EFFERSON Gity: WHEAT RIDGE Rd~ir: 5110 Street: SIMMS ST Near Intersecti_nnCs)q RIDGE RD E;ricis: '0~5069W175E, : Legal: C 7'ypc'.af Work; NEW FOOTERS FOR G`IgRAGE PU]:I_.D Exp, ; N Location': LOG ENTIRE SlSI1 OF L.OT FROM FOUI~IDATION OUT XING ERSE:I'!iEN7 C1N TMAT SIDE 5 gGGES5 OPEN VIq GATE OR pL5 'r{NOCI4 SOMEONE 5Fi0ULD PE Fi(7f'1E pLEgSE FLAG/PgYNT AND LEAVE SKETCH EVEN I,F CLEAR_AS OUST NEEDS TO z VAGAYE' I.ASEMEIV7 FOR NEW GARAGE CONSl"RUCTTOiV Company : DRVE SOWA H/O Caller F'tl~ne; (3037&24-6c:S3 Dnne for: SEL.l= RemarF,s: Members :PSQ+007 :TCTD>Z17 :TREIV01 ;t.1SWD07 ;WhITFt09. ~/ NO OTHER LOCATES DONE EXCEPT AS NOTED ON DIAGRAM. MUST CALL BEFORE DIGGING OR CROSSING LINE. 303-859-2998 - K N GAS GATHERING LOCATES. GOOD ONLY FOR 48 HOURS. BEFORE YOU DIG REO.UIRES TWO BUSINESS DAVS NOTICE STATE LAW CRS 1973, 9-7.5-107 (SENATE BILL ND. 172-19811 requires EVERYONE planning to dig in or near a PUBLIC ROAD, STREET, ALLEY, RIGHT-OF-WAY, or UTILITY cn ecnncnir.......aa,a.e.n'd:e, ,...,..e.e,.i.m~i. rnrom TlA/ft RI IAINFRA DVS RFFr1RF Ynll nif, .CALL 7.899.972-1987 4REA Ofl DIVISION COM~M~I1}T-MyE~7N~T TIME //~~ TIME ARRIVED TIME COMPLETED ' 1` / / '/- ~/~J This is approximate. The stakes, or paint marks denote the Locator's best estimated location of,underground utility facilltres. CC EFUL}.Y -PROTECT UNDERGROUND UTILITY, CABLES, PIPES, WIRES, AND OTHER EQUIPMENT. _, ~_. ~~ I ~ - ~ ~ ~ ~ -I -~___.. ~_ I ~ _ _ 1 I ---~- I -- ~~ i _ I IJ_, ~_ ____ ,-__ ___ _. _ -'- ~ `~ -COCA OR I DICATE tJORTH ~~ --- - .. _ ... ~ , I I I '~ 1 I I .. - ~ I i ~ i i II-- -- ----_' _~- j---, I _ _ _ ~ _- _ _~ ~ _ --1--'--I--I '', ~ ~ ~ ~ I v ,-_ -~ - . ~.L.. 18 INCHES HORIZONTALLY FROM THE EXTERIOR SIDES OF THE FACILITIES IS CONSIDERED A CORRECT LOCATION COMMENTS (~IOii LOCATOR'S NAME Signature Cf person contacted WHITE-OFFICE YELLOW-LOCATOR PINK-FILE ~~_ ~. ~~. ~, '.r. ~~ f. ~~< t"{ 'k ~,, __ E NOTICE OF PUBLIC HEARING 7 to D on (his 23~ Notice- is herebyy given of a public hear- 5996, ordered p ing to be held befcre the Wheat Ridge newspaper of ggc: . Board of Adjustment on October 24, City of Wheat Ric . 5996, at 7:00 pm., at 7500 West 29th and consideralicf ' Avenue, Wheat Ridge, Colorado. All for October 14, . interested citizens are invited to speak p.m., in the Ccur ', at the public hearing or submit written Wast 29th Avenue • comments. The following petitions shall erode. be heard: READ, < i. Casa No. WA-9635: An application ORDERED PUE by Richard and Kimberly Eggleston for and final reading t the approval cf a P-6' side yard set- this day of ;c back vzriance to the 5' side yard seh SIGNED by back requirement to allow a Carport on day of _ 79 a prcpery zoned Residential-Three and -` located ai approximately 4354 Hoyt ATTEST: ' £IreeL WANGA SANG, L 2. Casa No. WA-96-36: An application AFPROVEG FS - by David Sowa for [he approval of a 5'- 6' side yard setback variance to the 5' GERALD E. GA1' ' side ysrtl setback requirement to allow Wheat Fidgge Trzrr the enclosure c! an existing carport. Published Oae7e;~. ' The propery is zoned Residential-Two --- and located at approximately 5170 CITY OF WF ` Simms Street COLG 3, Case No. WA-9637: An application INTRODUCEL ` by Barbara and Walter Bendever for MEMBEI the approval of a 2' height variance to Coundl E • [he 6' maximum fence height require- Ord[nancr ment to allow for an 8' fence. The prop- Serb r ' arty is zoned Residential-One A and TITLE: AH located at 39x0 Simms Street. REQUIRING SPEr_;, ' 4. Case No. WA-9632: An application FOR MORTUARIES by M. Carclyn Ritz, Et AI, for a request WHEREAS, c,~ for interpretation to an administrative es to require tnr r,: decision by the Planning and Develop- mortuaries in ir:; r ment Director that a construction equip- trios firs) receive ment storage and service facility is a pursuant fo Secn• ' use by right in the Light Industrial (p Code of Laws. Zone Disl rici. This interpretation BE IT OP.GF: •.~ ` involves a Lighi Industrial zoned prop COUNCIL OF Tr„ any IecaSeC a2 5040 Tabor Street. RIDGE, COLORADp, Sean McCartney for Section 1. Sub• Mary Lou Chapla, Secretary (20) of the Wnez• ~. ' ATTEST: is hereby delete^ Wanda Sang, City Clerk Section 2. St:. " Wheat Ridge Transcript 5922-96 the Wheat Rioge r Published October 4, 1996 amended by renu-,rf: CITY OF WHEAT RIDGE Paragraph 26-22 '~ ABANDONED TRAILER (9) and inserting a :. The City of Wheat Rid a Police De art 26-22 (E) (6), to r menl has a Great Dane Silver 49 h Box Section 3~Sx=_~ Trailer with no serial number being held the Wheat Rio^e ' due to abandonment. If the (railer is not amended by inse-.rr claimed by October ; 7, 7996 it will be graph 26-23 (E) (E sold. Any parser: wishing to claim the (5) tdcr,.e', vziler may de so by contacting Michelle Section 4. Sx-;- Stodden at 235-2932, the Wheat Ricci ', Paul R. Edwards, CPPB amended by renu"-;,: Purchasing Agent paragraph 26.25 r. Wanda :.any - City Clerk (351 and in5ening z -. Wheal Ridge Transcript 7923-96 2624 (E) (30), tc ~„- First Publication October 4, 7996 (30) Mortuar =: Last Publication October 71, 7996 Section 5. _is; Mortuaries in exis:y ~ c CITY OF WHEAT RIDGE date of this Orc~" -~ NOTICE OF FIYdAL SETTLEMENT etqu Ted to obtain~z -:o- In accordznce with the notice provi- under Section 26-~ ~= sions contained in 36-26.507 C.R.S. Laws. the Cityy AdminisL•ator of the City of Section 6. Sr , Wheat Ritlee. Cciorade has established City Council herec• October 14,7996, 2s the date of final and declares that fir. ', settlement with Starker, Inc., conlrao mulgated under the ~, for for the consV action of the City of er p( the City el }0'-,:~; Wheat h'itlge protect number RFB !NS promulgated for f ie -., 20 with the prcjrct Nile of. Wheal welfare of 1hG puG~:~. . Rldye Police Additlcn snd Remodel nonce is necessan ~:~ Protect. Clair, ,; ccn:ri-dno a verified of haatlr, and safe: r~ 51ah~m Cnt rf !b,... r.., nn( due *r~ .. ~ .,, ZONING AND DEVELOPMENT 3 26.15 (B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless othernise provided herein except for one tl) or more 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 Accessary Uses and Accessory Buildings: (1) Same uses as permitted in R•1, R-lA, R•1B and R•1C districts. (D) Corzditional Uses: The fallowing 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- ping Commission and city council, following 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 care center. (F) Development and Use Regulations-Residential•Ttuo District (R•2J: .ilanmum Minimum Building }finimum .lfinimum Frortt Minimum Minimum Mazimum Coucr• Lot Lot Yard Side Ycrd Rear Ycrd Height age'"' Area Width Setback Setback °' Setback "' One-family dwelling 35' 4090 9,000 aC 75'u' 30"" 5"01 IO' Two-family dwelling 35' 4090 12,500 sf L00' 30"" 5"" ]0' Group home 35' 4090 9,000 sf 75' JO"" 5i° SO' Detached garage ar carport 20' 1,000 s( 9,000 sf 75' 30"" 5' S' per unit Private storage shed 20"O 400 s( 9,000 sC 75' 30' S"" 5"" Churches. schools, government 35' 4090 !acre 200' 30"" 15""~~~ 20' and quasi-government huild• tags, golf courses , All other uses 35' 409 9,000 sC 75'0' 30"" 5i°' 10' fal Any side yard which abuts a public street shall have a minimum setback oC thirty 1301 Ceet for aJl structures. lbl Any rear yard which abuts a public street shell have a minimum setback of thirty 1301 Ceet for all structures. (c1 Frone setbacks for structures on lots or portions o(lots which abut cul•de•ssa may be reduced to ten (101 feet (or those portions of lots which abut a cutde-sac bulb. ISee Figure 26-5.3.] (dl A total of IiReen (15) feet side yard setback for every individual lot with a minimum oC Rve 157 Ceet on one Ill side. fel Any building or structure which houses animals, except a residence, shall be set back RReen (151 feet. fR FiReen•Coot setback for the fist story and five IS) Ceet for each additional story. (g) Poultry houses and pigeon coops are limited to a maximum height of twelve (12) Ceet. (hl Minimum twenty-five l25) pemnt landscaping required on site. ISee section 26.32-) (i1 Minimum ten 110) toot oClandscaping is required within the front and side yard setbacks adjacent to public streets. (See section 26.32.1 _ _ U) Corner lots shall have a minimum lot width of eighty 1801 lest Cor both street 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. \'o. 1993-945, § 4, 12-13-93) Supp. No. l2 I713 WA~Rfe• Zito (C) ?996 TRW REDI Property Data 1)Situs:11601 RIDGE RD WHEAT RIDGE CO 80033-2041 APN :39-174-01-006/01 .Assd Land:$2,330 Use :SFR- County:Jeffexson CO Assd Imp :$9,130 Date:OI/09/80 B1dar:1064 MapLoc:15-G ___ Zone: Total Val:$11,460 Doc#:2235 Rooms: / /1__ RTSQ :69W03S175E Lot Size :A0.45 Sale: Story:l Pool: Subdiv:STANDLEY HGTS 1stTD: _ Yrb1t:1952 Owner :WINSETT EILEEN L Phone: Own2nd: Mail :ll6.Ol RIIlGE RD; WHEAT RIDGE CO 80033-2041 0006 2)Situs:5105 SIMMS PL WHEAT RIDGE CO 80033-2 003 APN :39-174-02-002 Assd Land:$2,570 Use :SFR County:Jefferson CO Assd Imp :$6,690 Date:10/24/80 - Bldar:1312 MapLoc:15-G .Zone: Total Val:$9,260 Doc#:83859 Rooms: / /2 RTSQ :69W03517SE Lot Size Sale:$65,000 Story: Pool: Subdiv :VISTA RIDGE DR 1stTD: Yrblt: Owner :JORGES ROLLO D Phone:303/420- 1719 Own2nd:JORGES SHARON K Mail _:51A5 SIMMS PL; WHEAT RIDGE CO 80033-2003 C029 , 3)Sittitis:bll_0 SIMMS PL -WHEAT RIDGE CO 80033-2 004 APN :39-174-01-005 Assd Land:$2,570 .Use :SFR County:Jefferson CO Assd Imp :$8,860 Date:08/17/95 Bldar:1148 MapLoc:15-G Zone: Total Val:$11,430 Doc#:F101397 -Rooms: / /2 RTSQ :69W03517SE hot Size Sale:$122,900 Story4l Pool: Subdiv ~VSSTA RIDGE DR _ 1stTD:$86,000 Yrblt:1963 Owner :SOWA DAVID J 0 Phone: Own2nd:CSNDY L Mail :5110 SIMMS PL; WHEAT RIDGE CO 00008-2004 C029 4)Situs:5125 SIMMS PL WHEAT RIDGE CO 80033-2 003 APN :39-174-02-003 Assd Land:$2,570 Use :SFR County:Jefferson CO Assd Imp :$9,220 Date:08/20/86 B1dar:2037 MapLoc:15_-G- Zone :_ Total Val:$11,790 Doc#:103666 Rooms: /3 /2 RTSQ :69W03S17SE Lot Size Sale: Story: .Pool: _ Subdiv:VISTA RIDGE DR 1stTD: Yrblt:l969 Owner :REDDEN WILLAIM H Phone303/420- 8513 Own2nd:-REDDEN KATHLEEN M Mail :5125 SIMMS PL; WHEAT RIDGE CO 80033-2003 C029 -- 5)Situs:5140 SIMMS_PL WHEAT RIDGE CO 80033-2 004 APN :39-174-01-004 Assd Land:$2,570 Use :SFR County:Jefferson CO -Assd Imp :$8,150 Date:09/04/92 B1dar:1770 MapLoc:15-G Zone: Total Val:$10,720. Doc#:114064 Rooms: / /2 RTSQ :69W03S17SE Lot Size Sale: Story: Pool: Subdiv:VISTA RIDGE DR 1stTD: Yrblt: Owner :STROMSOE LILA B 0 Phone:303/421- 5782 Own2nd: - - - Mail :-5140 SIMMS PL; WHEAT RIDGE CO 00008-2004 0029 » Reported data believed to be reliable but accuracy is not guaranteed « CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: October. 24, 1996 DATE PREPARED:October 15, 1996.- CASE NO. & NAME: WA-96-36 /Sowa CASE MANAGER: Sean McCartney ACTYON REQUESTED: 1°-6" side yard setback variance to the 5' side yard setback requirement to allow the enclosure of an existing carport. LOCATION OF REQUEST: 5110 Simms Place NAME & ADDRESS OF APPLICANT(S) David Sowa 5110 Simms Street Wheat Ridge, Co 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 9,000 square feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Single Family Residential SURROUNDING ZONING: w: N: and S: Residential-Two and E: Arvada SURROUNDING LAND USE: W:, N: and S: Residential, E: Vacant (Arvada) ------------------------------------------------------------------------- DATE PUBLISHED: October 4, 1996 DATE POSTED: October 10, 1996 DATED LEGAL NOTICES SENT:October 10, 1996 AGENCY CHECKLIST: (XX) NOT REQUIRID 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-96-36 I. REQIIEST The applicant is requesting the approval of a 1'-6" side yard setback variance to allow the enclosure of an existing carport currently located 3°-6" from the south property line. The existing carport is an illegal structure according to the Wheat Ridge Building Department, due to the fact that it was built without a valid building permit. As shown in the attached exhibits, the applicant had pulled a building permit on March 19, 1996 for a shed, open on all sides. As Department policy allows, a shed, which is open on all sides, may be placed within 1/3 of the distance to the property line (professionally known as a "lean to" structure). Upon construction, the applicant decided to build a carport. Once the carport was erected, the building permit was no longer valid, thereby making the carport illegal. Approval of this proposed variance will establish the legality of the existing carport, thereby creating a legal attached, single car garage. In addition, a valid building permit will still be required. Section 26-15 (F) of the Wheat Ridge Code of Laws states that the minimum side yard setback requirement for a carport in the Residential- Two zone district is 5' from the side property line. Eaves from these structures can extend into the required setback an additional 30" (pursuant to section 26-30 (O)(2). If approved, staff recommends that the down spout from the rain gutters must be oriented to flow away from the adjacent property from the south. 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 is 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 is being used as a single-family residence. If the request is denied, the property may still continue being used as a single-family residence. 2. Is the plight of the owner do to unique circumstances? There appears to be no unique circumstances attributed to this request. 3. If the variation were graated, would it alter the essential character of the locality? Approval of the variation may result in the enhancement of the essential character of the locality because the applicant has been told, by their neighbors, that the structure would look better if it were enclosed. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result is a particular hardship (upoa the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The property has no unusual shape or topographical features that would create a particular hardship. 5. Would the conditions upon which the petitioa for a variation is based be applicable, generally, to the other property within the same zoning classification? Because we review each case on a-site by site basis, the conditions may be applicable to other properties within the same zone district, because properties within _the Residential-Two zone district have established development regulations. 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 covered parking, (which currently has a single-car garage being used as converted livable space), not upon the desire to make money. 7. Has the alleged difficulty or hardship been created by any person presently haviag an interest is the property? The applicant created their own hardship when they modified the original intent for the building permit. If the original building permit had stated for the construction of a carport 3'-6" from the side property line, staff would have informed the applicant that they would need a variance. - 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? If the variance is approved, the existing carport will become an enclosed attached garage, thus enhancing the look of the existing structure. The applicant has stated that the adjacent neighbors-hope that the. carport can become enclosed, because .they believe the existing structure looks unfinished. 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, approval of this request will not impair the adequate supply of light, because the structure -is located on the. south part of the property, and adjacent to the large side yard of the property to the. south. Also, because the request is not calling £or-the additional living space for more residents, there will not be any further impact on congestion in-the public streets. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 24, 1996 Page 4 Motion was seconded by Board Member ECHSLMEYER. Motion carried 6-1, with Board Member HOWARD voting no. Resolution attached. g, ~[~A=9~=36c An application by Davis Sowa for the approval of a 1'-6"..side yard setback variance ta_the 5' side yard setback requirement to allow the enclosure o_f_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 intc 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 in 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, ~ WHEAT RIDC~ BOARD OF ADJIISTMENT MINUTES OF MEETING: October 24, 1996 PaSe 5 and was given the idea by the inspectors that all was going. along fine. Upon application to enclose it, Mr. Sowa found out he was illegal from the start, but he was not aware he was doing anything wrong. Mr. McCartney said the original application was _f or a shed open on all sides. Mr. Sowa felt he should have been told what the definition of a shed was, and Mr. McCartney replied staff assumed, that-the applicant knew what a shed was when applying for a permit, What is being approved now is to allow a single car garage_to encroach 1'6" into the side yard setback. Discussion followed. Board Member ECHELMEYER wanted to know if this was a shed would it have required the inspections that the applicant had, and Mr. McCartney answered yes, all structures require final inspections for a Certificate of Occupancy. Board Member ECHELMEYER asked wouldn't the inspector have caught the fact that this is a carport and not a shed,-and Mr. McCartney replied that is something hard to assume.- Board Member HOVLAND asked if there will be a floor installed in this: structure, and Mr. Sowa answered probably not as he feels it is not cost effective. There is no concrete in the front, it is just compacted dirt/rock. Motion was made by Board Member ABBOTT,. that Case No. WA-96- 36, an application by David Sowa, be APPROVED, for the following reasons: 1. The .primary intent of the ordinance to provide an aesthetically pleasing open space between structures is achieved by the approximate 150' separation from the adjacent dwelling to the south. 2. The 1.. 6" valiance request is a 30o variance. 3. The approximate 150' separation from the dwelling to the south precludes any danger of afire spreading to the structure, which is the second primary intent of the ordinance.-_ 4. Approval will enhance the essential character of the locality because the applicant has been told by his neighbors that the structure will look better enclosed. A statement was submitted, by seven adjacent property owners in support of the structure as constructed-and modified by enclosure.. WITH THE FOLLOWING CONDITION: 1. The garage- shall incorporate a concrete floor. WHHAT RIDG$ BOARD OF ADJQSTMENT MINIITHS OF MEETING: October 24, 1996 Page 6 Board Member ECHELMEYSR said if a concrete floor is not a requirement for a garage why was it being added in, and Board Member ABBOTT feels if this i.s an attached permanent part of the structure, it should have a concrete floor. Discussion followed.. Motion was seconded by Board Member HOVLAND. Motion carried 6-0, with Board Member HOWARD voting no. Resolution attached. C. 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. Sean McCartney presented the staff report. All pertinent 'documents were entered into record, which Chairman WALKER accepted. Board Member HOWARD asked if there is any difference in_ elevation from the group home site up to the house, and Mr. McCartney replied yes, and it looks to be about 5 feet. Board Member HOWARD asked if the 6 foot fence is on the group home property, and Mr. McCartney answered he is not sure, so perhaps refer that to the applicant. The applicants, Walt and Barbara Bendever, 3940 Simms Street, were sworn in. Mr. Bendever said their house is a 2-story and they look directly down onto the group home property. The lights in that house are on all night long, there are people coming and going from the patio all night long, and the lights shine directly into their upper floor_- Mr. Bendever feels the 2 foot fence extension would block the light considerably, as looking down would be the top of their windows. The noise from the patio filters in through their windows, and it is very disturbing. The fence would not be noticed from the front because there is a 3 foot drop from the front to the back. Board Member ABBOTT asked staff is there a problem with the Group Home ordinance, and Mr. Gidley replied in a single- family home one.has a right to keep their lights on all night or to set out on their patio all night. These folks have the same rights as well, however, not everybody does that. In itself, it is unusual and-could support this particular variance, but it is not an actual item from a zoning or nuisance perspective. ~ ~ 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. CASE NO: A=~6~=~-~" APPLICANT'S NAME: David Sowa LOCATION: 5110 Simms Street Upon motion by Board Member ABBOTT seconded by Board Member HOVLAND , the following Resolution was stated. _ WHEREAS, the applicant was denied permission by an Administrative Officers and- - WHEREAS, Board of Adjustment Application, Case No. WA-96-36 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 itp 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-96-36 be and hereby is APPROVED. _ TYPE OF VARIANCE: A 1.6" sideyard setback PURPOSE: To allow the enclosure of an existing carport FOR THE FOLLOWING REASONS: 1. The primary intent of the ordinance to provide an aesthetically pleasing open space between structures is achieved by the approximate 150' separation from the adjacent dwelling to the south. 2. The 1.6" variance request is a 30~ variance. 3. The approximate 150' separation from the dwelling to the south precludes any danger of afire spreading to the structure, which is the second primary intent of the ordinance. Case No. ~-96-36/Resolution Page 2 4. Approval will enhance the essential character of the locality because the applicant has been told by his neighbors that the structure will look better enclosed. A statement was submitted by seven adjacent property owners in support of the structure as constructed and modified by enclosure. WITH THE FOLLOWING CONDITION: 1. The garage shall incorporate a concrete floor. 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 ED this 24th day of October, 1996. OBE T W R, Chairman Board_of_A justment ~ ~~..\\ Mary L Chapla, ecretary Board o Adjustment