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HomeMy WebLinkAboutWA-96-39The City of ~Theat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500, West-29th Ave., Wheat Ridge, CO 80033_ Phone .(303) 23-7-694/4'D__~,( _ - .` Applicant ~ )'(• '~ ~ Address e3a~~ ''l~~s~ ~ Phone~~ -~°~~~ Owner \c7~t~~ / Address[ Phone Location of request ~6~{S ~I7f~'~}z ST 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 developmetlt plan approval Nonconforming use change.- Special use permit ^ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision. __ Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous-plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other D tat{iled II.escripti}o(~n`.`of re~que{s~t~ff _ Unl~~,r ~ J= }~/~~J cSF7•~)~~ •4i ~ LVbW ~ V 'f/9'~ ~~ v F List all persons and companies who hold an interest in the described real. property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE 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 o£ 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 of this action on as behalf. Signature of Applicant j~:N..r.~ ~ • ~~~'~ Subscribed _and sworn to me this~j~day of ~~ , 19 qty Notary ublic SEAL My commission expires ~ -a'-t-G"1 Date Received \O-2.~-~lo Receipt No. ~,(~~{Q Case No. When Recorded Mail To: AmerUs Mortgage, fnc. 1720 22nd Street West Des Moines, Iowa 50266 [Space Above This Line Far Recording Data) DEED OF TRUST Loan No. 0600090680 THIS DEED OF TRUST ("Security Instrument") is made on MAY 21, 1996, among the grantor, DONNA M. PICCIONE and PETER A. PERRONE, WIFE AND HUSBAND ("Borrower"), the Public Tmstee of JEFFERSON County ("Trustee"), and the beneficiary, LITTLETON MORTGAGE, INC., which is organized and existing under the laws of COLORADO, and whose address is 2305 EAST ARAPAHOE ROAD #135, LITTLETON, COLORADO 50120 ("Lender"). Borrower owes Lender the principal sum of SIRTY-THREE THOUSAND AND 00/100ths Dollars (U.S.$63,000.00). This deb[ is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JUNE I, 2011. This Security Instmment secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instmment and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in JEFFERSON County, Colorado: LOT 19, EXCEPT THE REAR S FEET THEREOF, BLOCK 4, OLINGER GARDENS, COUNTY OF JEFFERSON, STATE OF COLORADO. which has the address of 3085 CHASE STREET, WHEATRIDGE, [Svatl ICiry] Colorado 80214 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instmment as tite "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THis SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late chazges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yeazly taxes and assessments which may attain priority over this Security Instmment as a lien on the Property; (b) yeazly leasehold payments or ground rents on the Property, if any; (c) yeazly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yeazly mortgage insurance premiums, if any; and (f) any strnvs payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another taw that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. COLORADO~ingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 9190 Page 1 of 5 T330 DEVINNEY Ci. ApVADA. COIOWADO aaoos 3-26-82 f ~i I ~~ ~1 '~eR`.c:. ~.`~..'.~ R. E. PORT ~ ASSOCIATES ~ L}IND SURVEYING ,1. R08ERT E. PORT, L.S. IMPROVEMENT LOCATION CERTIFICATE I,ot 18. Block 4 exee}~t the rear 8 feet thereof Oliaser C.arde:ss. Jefferson Co.. Coloreds. 3085 t2tsse Street +sa+raa 3ab~ ~-z35 Buyer- Ticalone a a- Itq, $z i '~ f't~c.. artG~ ~c.c~~ N ~l <+ "~ l L;3 ~4,. ~,+ ^~ ~~ lr•~-__ ____~--~' ~.~~ 1F~ ~' t~ 4' i ~ t2 :..-~, .. ~ ~ ,i Y tl - i... -u ^ 1C" :. _, i'{~1~rla ~kn r~JT} tY -t^ Z~ ~...w.r~ L J.~.' I hereby certi that this improvement location certificate was prepared for lYelloa PJ~rt[eSe , that it is not a Land Survey Plat'or_impm'vemeati Survey Plat, and that it fs not to be retied upon fox ~2ie_establishrnent of fence, building. or other future improvement lines. t farther eertt~ that the ittiprovements on the above described parcel on thin date, exceptutilitycannections, areentirelywithin theboundarlee of the parcel, except as shown, that there ass no encroachments upon the described premises by improvements on any adjoining premises. except as indicated, an$ that there is "pd apparent evidence or sign of any easement crossing or burdening art>yy part.s~ said parcel, except as noted. .. ~~' f ~. ~ ~~~ ` ~~ ....- - , Rotfert'~ l~ortE1.& t;Sg24 ' ,~ . ~•itlU~i 1\N~b~ ~. v~ _ ~I~IrS~ ~ M~~ Y~~YI( .. . VriI~~~Y - - '- b 1. ~_ t,~c a- ~g` f -~ rye ~ 7;.. r~ _. r t :~ ~'~"re 'S'; 'F ~y .. ° Y ~ ~. Afi ,~.. ' _ ~Y a~ b 2 +w hk.1 ~w API . y~ ~~ti n y~1 .. ~. ~ x~ ~ ya~'E~'~' ra*. •'~ MORTGAGE STATEMENT • Nii'~'!o/1SBiilnk Official Sponsor 1996 U.S- Olympic Team V S A I (~[~[1 - ~J' STATEMENT DATE: t0/16/96 ACCOUNT NUMBER: Anv aethdty mu eNa dat• wIU PROPERTY ADDRESS: sppeu an the nut tlninp natamu,t. 3085 CHASE ST NationsBanc Mortgage Corporation WHEAT RIDGE CO, 80214 Customer Service _ __ 1-800-285-6000 AcwuM Information ,,,~,,,,~„ Balances ossl t vcA-ut- principal Balance $62, 240.00 Escrow Balance $521.04 PETER A PERRONE Unpaid Late Charges DONNA M PICCIDNE Payment Factors 3085 CHASE ST Ins Rate -First Mtg 7.625% WHEAT RIDGE CO 80214-8445 - - Principal & Interest $588.51 - Escrow Payment $86.85 ~'ull'luulll'u 111 ll u~lnl ul nlll n'I'I'I~u lllllll ltl'll Optional Products Other Total Payment $675.36 Year-to-Date Interest $396.70 If your Name, Address, or Telephone Number has changed, 7aXes please contact our Customer Service Oepartmont AYOIO LOTS r•oi OR0 R1O11 UOIOYi "' There are more ways than one to ensure a reliable and Timely delivery of your mortgage payment. We've provided a variety of options fo suit your needs. You decide which one is best for you. AUTOPAY -With AUTOPAY, your monthly mortgage payment is automatically deducted from your checking or savings account on fhe same day each month. This service is free and you'll save on postage costs each month. To enroll, contact Customer Service for an application. SPEEDPAY -SPEEDPAY is spay-from-home service. This service is used when you need ro get your payment here FAST. For a small fee of $7, your payment is processed within 24 hours. Simply call Customer Service and have your checkbook ready to make your payment over the telephone! WESTERN UNION - If you're interested in using Western Union's Quick Collect Servic®, call 1-800-325-6000 for the nearest Westem Union agent. Complete fhe Quick Collect form, using city code NATIONS, NY and be sure to provide your loan number. This servile loess $10.50. To use AUTOPAY or SPEEDPAY, please call our Customer Service Department at 1-800-265-6000 _. .. ... . .~... r ,..' ., ~:~..-. .~. . .<. .. -, ~--.. .. .....<. Paym®nt Coupon " DETACH MID TfK ACCOUNT NUMBER. 1090229035 •• ~Y NtNioNSBplfk' _ u POIiTgN VV17X YOLK PAYMHQT ~ Piease specify aElpiication f additional , funds An adtlrttonal funos not s ift d ( I 0&cial Sponsor 1995 U,3 Olympic'IYam `C)CJ: ~C.7CJ:~~ __, . y, pac e will 6e applied fuss to outstanding fees d then to prmapal - N ti n Banc- rf Cor 1 t - ~ . p a o s o aa>~e_ ^ on a.,.+Irt+r -~"~-,:.~'- a 'x .;_ .. r_ _. .. ;-,.ac ~ucs~ - ~ ^~s.'+~,,.x .Ans: - PETER A PERRONE - ~ Total Enclosed _ DONNA M PICCIDNE - _ 3085 CHASE StT ~-'-~~''-~ Next Payment Due - _ WHEAT RIDGE CO 80214-8445 ~ ti/01/96 _ ~-_~ ;675.36 Add'I Prin. S_., - After T1/i6/96 add Cate Eee Add'I E S of 529.43 _5704.79 sa - Outstanding Fees Late $ .DD -- Check Return {NSf) $ •~ T nc~o e~t NATZONSBANC MORTGAGE CORPORATION Other Fees E s S PO BOX 79180 Total Due $675.36 CITY OF INDUSTRY CA .91716-9180 - ~~I~NUI~~~uI~nl~~t~~u~I~nnl~ ~~n~l~~ul~u~t~~ t~ ~~ -_ _'_ - - nl n 1730000 DD0001090229D38 00704791 D0675363 ® ~MIC V~irl ~N~.rs - Publle Sarvka Company of Colorado GAS AND ELECTRIC LOCATION SKETCH E'SGOCB COC9.1. 10!<5: ~'c+ C9:S;i AM 0031rS.1E:8~,,, i~2LfRMRL~CiRT.I] ^:,, '' -, : ' : ry 1:=!-( r]:t:;!<r_r Nth: 00:3971H3 I'?3(::f] i~0; 199h10 :;r0:?80 :? '; MAP R C=~:~G7Nr1L CALL- GAYei: IO!'<?`i:i't TIME: 09:q=1 f?i^. CiP:'!,BG ~'-1F'PI)CP2fMt"N'i 1](171=.: TIME: raMP14 ' E'r.'61Cti'C•ILC:' FC:h? DAT>=; .7.0.E«?'i'/9~ 7:f.ihE; C9:9':i At+ h-R':i [~,.`.1"ili:E:; 093 f3Tf-li:; (;p (:i7.`~12TY; ..IL1=1-E"P.'.:+u?~! C.:C7'YI 1Jf°If.•:ryY I+'ff.IGlc RC+I:IF;: .i0?i5 =51-G'1.-F'T: C:?f~E;i' ST NE('„2 IN7GRSF_GT(7N C B) l'YPF' GF GGRI<: SFfEt) OCATTDN: I.OC L"NTT.RF' 1._I]T ~+rt=G~ bfl:),L C'•E' C,Gh'sF3"NrC) Ci Fi Yl(:'c;i,- ,n~~t~ PL. s PA:fNT ~ E"L_r~G PE'1? 17EQ P[.5 Cl=~?1.'E: 51;1=TC1-! CC1i4P~af~Y DCINNA P'[r;Grnptr_ i-I/C1 , hi I_aii T' ; N EXP, N C:^d..L.E F f't"C?~:E_: C~C3.~:',+;:f•-3.:rEti, E~.::T, , ::"d_f i:Q?!P. :?••'1ME Pi-IiiNl=: {3:')3)'?3E3-12£i;,i> I:?'X'1', . pi1C.1 r: FUR. SEELF _ _ _- f<G:ri(-tRK45 , i ~i~:ilsEfS :ATCT07. :EI]CiL:01. ;P'.::C,r~,E? ;'fi;.CC7CE!.:li$WCICB :t:FiTROJ. :411~::iNOZ C BEFORE YOU DIG REQUIRES'I`Wt0 BUSINESS DAYS NOTICE STATE LAW CRS 1973, 9-1.5.101 (SENATE BILL NO. 93-155) requires EVERYONE planning to tlig near a PUBLIC ROAD, STREET, ALLEY, RIGHT-OF-WAY, or UTILIN EASEMENT to notify ttre UTILITY NOTIFICATION CENTER OF COLORADO of your intent TWO BUSINESS DAYS BEFORE YOU DIG -CALL 1-800-922-1987 AREA OR DIVISION COMMITMENT TIM TIME ARRIVED ~ ,~ ~ P1 TIME CO _ _Q~ r/( U r.~_ ..r...,-.w >~ :~~.:~:..~.e- -rl,e ~ .~o-ve .....n,., r„~.I, a~MA fha I nrs,rnr'c hest esfimated location of underground utility facilit{es. DIG VERY CAREFULLY -PRO HoW Marked: []Stakes a UTILITY, CABLES, PIPES, NltRES, AND --°' Nylon Whiskers - r 1) COMMUNICATION OR CAN - ORANGE 2) GAS -YELLOW 181NCHES HOR120NTALLY FROM THE COMMENTS 3) ELECTRIC - REO 4) WATER -BLUE 5) SEWER -GREEN S7 41 ii Sq ides of THE FACIL!TiES IS CONSIDERED R d lJ~t. In ~` ~{~ Ctc% ~`.~t L LOCATOR'S NAME ) DATE Signature of person contacted WHITE i •' TEI.E PHONE. 303/237-6944 The clfy O( R.*J. BOX 638 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 50033 GWheat Ridge November 26, 1996 This is to inform you that_C_ase No. WA-96-39 which is a request for approval of a 4''6" sideyard setback variance to the 5' sideyard setback J requirement to allow for an existing shed on property zoned Residential-One C for- property located at 3085 Chase Street will- be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of _the_Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on December 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. I£ you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "'177~~ ('rn-rratir~rt l'ih -~ ~c, t, f i~].? ys~ S'r^. i N ~ ~ 'r ~ 7 •rY ' ~', ' k , c `; ~ 1 z 2:r ~" i ,:~~;; t . ~~. f y ~ - d3~ _. ( ~ -Sir ti i 111 ~ i 4 ~ 3R _ ,' ~ ~ T ~O ~~ ' ~c~ ` A 4) ~ ~ ~~ _ i $¢` ^. 1 ~ 4 LLI ,~ i ~~ ~~ _. ~ i ~ ya f " i „~, - 3 ~- ~ ::~ q - Z ~ a:y~h, ~i f " a Naruaa do 1H~ia aru ~ssaa Ol3AN3 d0 d01 ltl a3)3OLL5 3Otlld ilNtllaOdWl i Q Q~ " N ~ w L ~ ~ U U I ° ` w 'a ~ ~ Cn w n N aF ~ ~ TI WW w Wi ~ o < i w zLL ~ W w E 0 __ w ~ C s ~ ~ z ~ ~ ~ n ~- ., s. ~ m r~ Q = ~ Z 0 m 8 6 h E'C h -_.-__ ~ 9 6 d" ~,~-, '~ll~ w o O -- ~ b N ~3WdOl3A3a _ N d a 0 G~ "d w ¢~~1 fl fi n , m ~~ ~ , ~. 3 _ q i ~ ~ j vv s~ ~ ~ ~ r R: u ~ ~ aJ.ltr ~3,~~, t~::P v _gN_ i ~.~ __. 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LOCATION OF REQUEST: 3085 Chase St, NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER(S) CASE MANAGER: James McClanahan Peter Perrone 3085 Chase St. Wheat Ridge, Colorado 80033. Same APPROXIMATE AREA:.approximately 6,250 square feet PRESENT ZONING: Residential One-C PRESENT LAND USE: Single-Family SURROUNDING ZONING: V~, N, and S: Residential-Three E: Outside City boundary SURROUNDING LAND USE: V.11, N, and S: Residential ~,: Outside City boundary DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: November 2l, 1996 November 27, 1996 November 26, 1996 (XX) ENTER INTO RECORD: ( )COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS ( )NONE (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS ( )OTHER .IIIRISDICTION: The properly 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-96-39 REQUEST The applicant is requesting a 4'-6" side yard setback variance to the 5' side yard setback requirement to allow for an existing 96 square foot private storage shed. The shed is located 6" from the Northern property line. When interviewed by staff, the applicant stated that the shed is intended to store gardening equipment and various personal items. Plans to use the garage as an addition to the main dwelling unit necessitated the construction of additional storage space, which was built on the extreme North side of the property, since "anywhere else would have either blocked the driveway or the view from the house". The applicant failed to obtain a permit before begirining construction, and a "stop work order" was subsequently issued in response to a phone-in complaint. Section 26-13 (F) of the Wheat Ridge Code of Laws states that private storage sheds must have a minimum side yard setback of 5' from the property line. Additionally, John Eckert, The Wheat Ridge Chief Building Official stated that encroachment into the side yard setback requires 1 hour fire-resistive material to prevent combustion from radiated heat (detailed information may be obtained through the Wheat Ridge Building Department). Approval of this request will not encroach into any existing utility easements. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 1. Can the 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? Because the property in question is an existing residential dwelling, and the request is for additional storage on the property, the use, service and income would remain the same should the variance be denied. 2. Is the plight of the owner do to unique circumstances? There is no evidence that the plight of the owner is due to unique circumstances. There is sufficient buildable space on the property that would not have been in violation of the zoning code. 3. If the variation were granted, would it alter the essential character of the locality? The location of this shed on the Northern portion of the frontage of the property is only partially constructed. However, the design is consistent with that of the main dwelling unit and the surrounding neighborhood. Assuming completion of construction, approval of the variance, allowing the shed 6" from the property line, would not alter the essential character of the locality. Board of Adjustment Staff Report Page 3 Case No. WA-96-39 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Nothing in the physical surrounding, shape, or the topographical condition of the specific property would result in a particular hardship on the owner if the strict letter of the regulations were carried out. 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? Because the variation, as well as any other variation, is based solelyon a site-by-site basis, the conditions upon which the petition is based upon would only be applicable to a variation for this site only. All other cases would be reviewed individually. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property? Because the request is for the development of a private storage shed, the purpose of Phis variation is not exclusively based upon the desire to make money. 7. Has the alleged'difficulty or hardship been created by any person presently having an interest in the property? Because the applicant has sufficient buildable space that would comply with setback requirements, any hardship experienced by the applicant would be 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 the variance would not be detrimental to the public welfare, although there is a possibility of increased fire hazard due to the close proximity of the shed to the adjacent home. 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? Because this storage shed is located within 3' of the house immediately to the North, there exists a possibility that it may impairing the adequate supply of light and air. Additionally, the possibility of fire danger is increased, unless the shed is built to comply with 1-hour fire-resistive material approved by the Wheat Ridge Building Department. Board of Adjustment Staff Report Case No. WA-96-39 Page 4 10. If it is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? Because the intended use is entirely for the storage of gardening equipment and miscellaneous personal items, the granting of the variance will not result in a benefit or contribution to the neighborhood or community, nor would it result in a reasonable accommodation of a person with disabilities. 111. STAFF CONCLUSION AND RECOMMENDATIONS As it relates to the above criteria, staff concludes that the findings do not support approval of this variance, due to the fact that any hardship resulting from the request not being approved will be self imposed, no unique circumstances exist on the site which would warrant approval and the possibility of fire is increased due to the shed's close proximity to other flammable structures. If this case is approved, staff recommends that. the applicant construct the shed to comply with the 1991 Uniform Building Code requirement of a shed built with 1-hour fire-resistive material. - W 3]ND ~iv~ - i S ~ J 3182 _ Z 3. 1_yt 3170 ~ _ ,~ 5 ~ 3730 7 ;3150 Z 370$ 0 ~ I 3103 ~ ~ ~ '"' pz F- O 3031 3015 ~L _. 31'6 _ 3150 31 3110 30?6 3056 3050 3020 3002 ~~ W 90TH hVE 2958 2945 294a 29»1 2938 2937 2931 2933 2930 ~ 2932 2926 i 2°21 2922 29]9 2920 2917 2916 29;3 2 2908 2 2902 2901 2933 293i ~ ` ~' - 5 ~~ 2921 O =. ]o,a J 'n N ~ D M N 2885 N N N N a s 28 5 ~g ~ w 29TH hv;= ,~ 3740 ~ 4Z 3138 31 5 g 3 OI n 3077 3076 3022 30 3020 3002 ~` ~`P' :~ ~~ r. e i c ~0 I v' V1 Vl N 2994 2995 2914 2938 2939 2934 293` 2932 2g2'. 292e 2927 922 gam; ^cS18 I 2914 2913 29t ~9U9 2906 2905 2 2901 ~ a N ~ 2g6 2896 ~ 2861 28 2 ~ '8 , Y 4 Q m K 282 ~ m 282 N 2819 2800 ~ 2g0: ~, '~ 287 vPi 0 6 m I N - 6. 2840 284 2635 284 2830 ~ 282 2821 281 2804 280. LEI 2BThf ,&VE 1 '~ -~ ~ n r -.,_ 4iGl-tAr2D i-1Ar2T ~' ~STr+,T>r Pnt2K ~ e7z S »,r '~ ~ N m [lr ~~fiGfG ~ R ~~ s r"' f Gi= ~ ~ ti ~~~ _, N ;ft N ~ ~ ~ ~_ ~P VI J T Z +i 1 - r~~~ i• L M¢ 0 : 1 R: § 26.13 Wf3EAT RIDGE CITY CODE S _ :'- a iC)r (A) Intent and Purpose:-This district is established to provide high quality, safe, quiet and stable, medium-density single-family residential neighborhoods,, and to prohibit activities of any nature which aze incompatible with the medium-density residential character.` (B) Permitted Principal Uses: Na building or land shall be used and no building shall be hereafter erected, converted or structurally altered unless otherwise provided herein except for one il) or mare of the following uses: (1) Same uses as permitted in R-1, R-lA and R-1B districts. (C) Permitted Accessory Uses and Accessory Buildings: (1) Same uses as permitted in R-1, R•lA and R•1B districts. (D) Conditional 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): Q) Same uses as permitted in R-1, R-lA and R-1B districts. iE) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge Plan- ning Commission and city council, following procedures as set forth in section 26.6(B): (1) Same uses as permitted in R-1, R-1A and R-1B districts. (2) Small day care center, day caze center. (F) Deuelapment and Use Regulations-Residential•One C District (R•1C): Maximum Minimum Minimum ' Building ~bfinimum Minimum Ft»nt Minimum Rear Maximum Caver• Lot Lot Yard Side Yard Yard Height age~P' Area Si adth^' Setback Seibatk~°'•"' Setback's' One•family dwelling 35' 4090_ 5,000 sf - 50' 30"tl __ 5' i0' Group home 35' 409a s,000 sf 50' 30"" S' '.0' Detached and attached garage or carport 20' 600 sf - 5,000 sf 50' 30"" ~' 10' Private storage shed 20"^ 400 sf 5,000 sf s0' 30' S"a' ~~ a. Churches. schools, government and quasi-government build- ings, golf coursr~ ~ 35' 40% 1 acre 200' 30""' 15""' 20' All other buildings ~ 35' 40% 5,000 sf 50' 30"" S' 10' cal Any side yard which abuts a public scree[ shall have a minimum setback of thirty 130) Ceet for all structures... fb7 Any rear yazd which abuts a public street shell have a minimum setback of thirty f30) feet Cor all structures. (ci Front setbacks for structures on lots or portions aC tats which abut cul-de-sacs may be reduced to ten (101 feet foc those portions of lots which abut a culde•sac bulb. lSee Figure 26.5.3.) 'd) Any building or structure which houses animals, except a residence, shall be~ set back Fifteen f I51 Ceet from property lines and at least thirty l30) feet from a residence on ari adjacent parcel. (e) Minimum setback Car the first story and five f5) Ceet Cor each additional story. 10 Poultry houses and pigeon coops are limited to a maximum height of twelve f121 feet. (g) Minimum twenty-five l25) percent landscaping required on site. (See section 26-32.) (hl Minimum ten (10) Ceet of landscaping is required within the front and side yard setbacks adjacent Co public streets. (See seaian 26.32.) - - - - - '-_ - ---- Ii) Corner lots shall have a minimum lot width of sixty t60) Ceet far bath street frontages. (Ord. No. 1989-796, § 4, 6.12.89; Ord. No. 1990-827, -§ 1, 4-9-90; Ord. No. 1992-899, § 1, 6.22.92; Ord. No. 1993.945, § 4, 12.13-93) (A) Intent and Purpose: This district is established to provide high quality, safe, quiet and stable low- to moderate•density residential neighborhoods, and to prohibit activities of any nature which are incom• patible with the residential chazacter. Supp. No. 12 1712 r3]e DEriNNEY CT. AAVADA COLORADO E0005 }26-82 li i "~en~ . l°...2.0 R. E. PORT 8 ASSOCIATES IAND SURVEYING ' ROBERT E. PORT, L.S IMPROVEMENT LOCATION CERTIFICATE Lot 18, BIoaA 4 exos}t tho rear !S feat thereof, Olinrer CarYlens, Jefferson Co., Oolorado. 3085 @~ass Street ~saaru JohM 82-235 Buyer- naoloae i. '~ ~1 ~ 11 Q$ ~,'L ~ l d 1 t"cemG Q^~~ {~ Q. ~ N Il, ~ l'L? t- t ~~ . j~ ~~ \11 Cam, c °:~, ..,c ~~t I ~ , .... - . ~_ ~ ~ 1 \.~.~ \~ ;;'` "' . ~' i . ~ .... .. .. arXti.71t - -,..: .yrr.;.t I„? $ri`#r~J 2vi4~k+u t~[F~x,.. 2 3' w.n~!+'~~' ""' ~ slazard 8c+~rd4ry'M°.p~ %~~'' r~- NC ~ ~ J. I hereby that thus improvement location certt8aato wasptepared for I~sll :~'~a>~r_. that t a ~; ~,z~,•'' ¢~k no's. i~vomP~~d~q~~+~~.i ,,~i #tat to bs robed uyoa ~ ~S6 fir. . "c"mice;bu~oio"therfuturelmproS~ng~t~I~es.-'Ifurkhercertifythatthe vems'It o~i4lifi~''~ • ~ above described parcel on this data, except utilityconnecdone, areentIrelywT ~iJxfhebquadarlas" of the parcel, except ae shown, that there ax no encroachments upon the described piemipee by improvement on any adjoining promisea, except ae indicated, and that theY@'.t,4'np'appaXent evidence or sign of any easement crossing or burdeging apy part,9f, said parcel, except 9a noted. __ 1994 UNIFQRNi BUILDING CODE 399.10.4-3925 have two or more exits. For landing plafforms orroof areas less than 60 feet (18 288 mm) in length, orless than 2,000 square fees (I86 m2) in area, the secondexitmay be a fire escape or ladder leading to the floor below. 311.IOS Federal Aviation Administration approval. Before operating helicopters from helis- eops, approval must be obtained from the Federal Aviation Adnthristtation. SECTION 312 - REQUIREMENTS FOR GROUP U OCCUPANCIES 312.1 Group U Occupancies Defined. Group U Occupancies shall include buildings or struc- tures, or portions thereof, and shall be: ~~ Division 1. Private garages, carports, hed~ and agricultural buildings. EXCEPTION: Where epplirable(seeon l013)foragdculbuel buildings, see Appendix Chapux 3. Division 2. Fences over 6 fcet (1829 mm) high, tanks and towers. For occupancy separations, see Table 3-B. 312.2 Construction, Height and Allowable Area. 312.2.1 General. Buildings or parts of buildingsclassed asGroup U, Divisianl Occu ciesbe- cause of the use or character of the oceupancy shall not exceed 1,000 square feet (99 m~n area or one story in height except as provided in Section 312.2.2 Any building or portion thereof thae ex- ceeds the limitations specified in this chapter shall be classed in the occupancy group other short Group U, Division 1 that it most nearly resembles. 312.2.2 Special area provisions. The toml area of a privaze garage used only as a parking gamge for private or pleasure-type motor vehicles where ao repair work is done or fuel dispensed maybe 3,000 square fees (279 m ), provided the provisions set forth in Item 1 art below are satisfied. More than one 3,000-squaro-foot (279 mz) Group U, Division I Occupancy may be within the same building, provided each 3,000-square-foot(279 m2) area is separated by area separation walls com- plying with Section 504.6. Il. For amixed-occupancy building, the exterior well and opening protection for the Group U, Division 1 portion of the building shall be as required for the major occupancy of the building. For such mixed-occupancy building, the allowable floor area of the bu0ding shall be as permitted for the major occupancy contained therein. 2. For a building containing only a Group U, Division Y Occupancy, the exterior wall and opem- ing protection shall be as required for a building classified as a Group IZ, Division 1 Occupancy. 312.2.3 Headroom clearance. Garages in connection with Group R, Division H Occupancies shall have an unobstructed headroom clearance of not less than 7 feet (2134 mm) above the finish floor to any ceiling, beam, pipe or shnilar construction except for wall-mounted shelves, storage surfaces, racks or cabinets. 312.3 Location oo Property. Forfire-resistive protection of exterior walls and openings, as de- eerrrrined by location on property, see Section 503 and Chapeer 6. 312.4 Special Hazards. Chimneys and heating apparatus shall conform to the requirements off Chapter 31 and the Mechanical Code. Under no ciroumseances shell a private garage have any opening into a room used for sleeping purposes. Class 1, II or III-A liquids shall not be stored, handled or used in Group U Occupancies unless such storage or handling shall comply with the Fire Code. 3125 Garage Floor Surfaces. In areas where motor vehicles are smred or operated, floor sur- faces shall be of troncombustible materials ar asphaltic paving materials. 157 319.9.5-319.90.4 1884 UNIFORM BUILDING CODE the stmcture does notexceed that permitted for the higherstmcmre. Aa least three sides of each such lazger flier shall have continuous horizontal openings not less than 30 inches (762 mm) in clear 6e:,.0.o e.ee.,At.,oF nor tnnSr Rn..nr~rnr nrthrtemom nerhe Sides. and no Dart of such laz¢er tier shall ing shall face a stree4 or yard accessible to a sweet with a width of at least 30 feee (9144 mm) for the full length of the opening, and standpipes shall be.provided in each such tier. Structures of Type II-AR., Type EOne-hour or Type II-N construction, with all sides open, may be unlimited in area when the height does not exceed 75 feet (22 860 mm). For a side to be consid- ered open, the total area of openings along the side shall not be less than 50 percent of the imerior area of the side at each tier, and such openings shall be equally distributed along the length of the tier. AIB portions of tiers shall be within 200 feet (60 960 mm) horizontally from such openings. 3219.6 Location on property. Exterior walls and openings in exterior walls shall comply with ~~~~ Table 5-A. The distance from an adjacentproperty line shall be deeermined in aceoedance with Sec= tion 503. 311.9.7 Stotts and exits. Where persons other than parking attendants are peemitred, stairs and exits shall meet the requirements of Chapter 10, based on an occupant load of 200 square feet (18.6 mz) per occupant. Where no persons other than parking attendants are permitted, there shall not be less than two 3-floor-wide (914 mm) stairs. Lifts may be installed for use of amp%oyees only, pro vided they aze completely enclosed by noncombustible materials. 311.9.8 Standpipes. Standpipes shall be installed when required by the provisions of Chapter 9. 311.9.9 Sprinkler systems. When required by other provisions of this code, automatic sprinkler systems and standpipes shall be installed in accordance with the provisions of Chapter 9. 311.9.10 Enclosure of vertical openings. Enclosure shall not be required for vertical openings except as specified in Section 311.9.7 ffor lifts. 311.9.11 Ventilation. Ventilation, other than the percentage of openings specified in Secton 311.9.2.2, shall noe be required. 311.9.12 Prohibitions, The following uses and alterations are not permitted: 1. Aueomobile repay work. 2. Pazking'of buses, tracks and similaz vehicles. 3. Partial or complete closing of required openings in exterior walls by tarpaulins or any other means. 4. Dispensing of fuel. 311.10 Helistops. 311.10.1 General. Helislops may be erected on buildings or other locations if they are constructed in accordance with this section. 311.10.2 Siu. Thetouchdown or landing area for helicopters oflessthan3,500 pounds (Y588 kg) shall be a minimum of 20 feet by 20 feee (6096 mm by 6096 mm) in size. The touchdown area shall be surrounded on all sides by a clear area having a minimum average width at roof level of 15 fleet (4572 mm) but with no width less than S feee (1424 mm). 311.10.3 Design. Helicopter landing areas and supports therefor on the roofofabuildtngshallbe of noncombustible conswction. Landing mess shall be designed to come any Class I, II or III-A liquid spillage [o [he landing men itself and provision shall be made [o drain such spillage away from any exitorstairway serving the helicopterlanding area or from a s[me[ure housing such exit or stairway. 311.10.4 Exits and stairways. Ezits and stairways from helistops shall comply with the provi- sions of Chapter 10 of this code, except that all landing areas located onbuildings or swmires shall 1,58 _. 1986 UNIFORM BUILDING CODE n w. ~ m .n m n ~ ~ ~ _ ~LC U R z`~ z z z z ~n~~ ~ ~L Z'C ~ ~ ~ Z ~ ~' ~ ~ ~ z '' p l s~o a yZ a Z a E yg 9y3 II m~ ~ ~ ~ y zz $ ~~ ~~ oe~ zF e ~ '` ~ $$ ~~0~~ fu 6 O` ~ z ~ a C = ~ ~ ~ N a u T C m .s h ~ 3 3~g 6 ii W 5 $ s 8 ~ ~ .5 y O t eo 5 bay ~° a ~$ ~ c ~, N O ~ S .Y T V y ~ s ~s~3 a ~ ~~_ s~v~ o ~j p°.5^ gj 3 c e O rX d S. ~ S' ~ y ~~ Q ~ ~ ~ n 3 '~ ~ ~ m ^: ~ ~ $ ~~ ae E b$ ~e ~ t~ y rX 8 L~ zzx ~a ~ ~Q q..n 'n C ~ P ~~~ ~pl. f'C~ S ~ z axk:N F~=j 9Nx~ Wm4~.~hb SA Y-97 When Recorded Mail To: AmerUs Mortgage, Inc. 1720 22nd Slree[ West Des Moines, Iowa 50266 [Space Ahove This Line For Recording Dala] - Loan No. 0600090650 DEED OF TRUST THIS DEED OF TRUST ("Security Instmment") is made on MAY 21, 1996, among the grantor, DONNA M. PICCIONE and PETER A. PERRONE, W[FE AND HUSBAND ("Borrower"), the Public Tmstce of JEFFERSON County ("Trustee"), and the beneficiary, LITTLETON MORTGAGE, iNC., which is organized and existing under the laws oCCOLORADO, and whose address is 2305 EAST ARAPAHOE ROAD XI35, L[TTLETON, COLORADO 80120 ("Lender"). Borrower owes Lender the principal sum of SIXTY-TED2EE THOUSAND AND 00/IOOIhs Dogars (U.S.S63,000.00). This debt is evidenced by Borrower's note dated the same date as this Security Instmment ("Note'), which provides Cor monthly payments, with the full debt, if not paid earlier, due and payable on JUNE 1, 2011. This Security Instmment secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument, and (c) the performance of Borrower's covenants and agreements under this Security Instmment and the Note. For this purpose, Borrower, in rnnsidemtion of the debt and the tmst herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in JEFFERSON County, Colorado: LOT 19, EXCEPT THE REAR 8 FEET THEREOF, BLOCK 4, OLINCER GARDENS, COUNTY OF JEFFERSON, STATE OF COLORADO. which has the address of 3085 CHASE STREET, WHEATRIDGE, [a,«0 Icih] Colorado 80214 ("Property Address"); IZiP CaeQ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All oC the foregoing is referred to in this Security Instmment as the "Property." BORROWER COVENANTS that Bormwer is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants widt limited variazions by jurisdiction to constitute a uniform security instmment covering real property. UNIFORM CGVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal end Interest; Prepayment and Lete Charges. Borrower shall promptly pay when due the principal of and interest'on the debt evidenced by the Note and any prepayment and late chazges due under the Note. 2. Funds for Taxes and Insurance. Subject [o applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instmment as a lien on the Property; tb) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 er seq. ("RESPA"), unless another law [hat applies [o the Funds sets a lesser amount. If so, Lender may, at any time, collet[ and hold Funds N an amount no[ [o exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. COLORADO-Single Family-Fennle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3006 9/90 Page L of 5 The City of ADMINISTRATIVE PROCESS APPLICATION Wheat [,~1~1 a Department o£ Planning and Development _1~ llg 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 .( Applicant- ~ J F Address v7 a~~ 1~17~'S~ OJ' Phone `jc~6 Owner \~7~~~ ~ Addres's~~((__ ~~ ~^ Phone Location of request ~6~5 ~t771'b1~ ~I Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval ~ Nonconforming use change Special_use permit ^ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation _ 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other / 1] D tailed Description of request /.} ~ - (o ~'j (~/~ ~~~~ ~F7r'~/~!~~ ~1~ftt/}•hrc~ "l'0 ~LLb~n1 q~nf ~Xf~T-Nt S ~~• List all persons and companies who hold an_interest in the described real property,- as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE 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 o£ those persons listed above, without whose consent-the requested action, cannot lawfully be_accompiished. Applicants other than owners must submit power-of-attorney from the owner._ which approved.. of this action on as behalf. f Signature of Applicant f ~ ~• L~7.ti~`~ Subscribed and sworn to me this~j ._day of ~~~ , 19 q~~ ~b~ ~ ~`nc~~cs:_. Notary ublic SEAL My commission expires ~ -~~ -~~ Date Received 10-3,1.-~clc Receipt No. ~n~C~ Case No. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: December 12, 1996 2. APPROVE THE ORDER OF THE AGENDA Page 2 Motion was made by Board Member ABBOTT, seconded by Board. Member THIESSEN, to approve the order of-the agenda as amended to combine Cases WA-96-42 and TUP-96-12 and place..- them last on the agenda. Motion carried 6-0. - 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. '-se=Lo:. =95--39~ An application by Peter A. Perrone for _ the approval of a 4'6" side yard setback variance to the. 5' -- side yard setback requirement to allow for an existing shed on property zoned Residential One-C and located at 3085 Chase Street. James McClanahan presented the staff. report: -All pertinent documents urere.entered.into record, which Chairman WALKER accepted. - Board Member ABBOTT asked if there had been any complaints registered, and Mr. McClanahan answered that planning staff had no complaints registered, however an anonymous complaint was registered through the building department. Board Member THIESSEN-asked if the house next door is also non-conforming, aiid Mr. McClanahan replied he ..does not know for sure, however it is possible because a great many of them were built before-the city was incorporated. - Peter Perrone, 3085 Chase Street, was sworn in. Mr. Perrone believes the complaint was turned in by a building inspector from another jurisdiction. He said the house to the south is 2' from his property line'and these are very small pieces of property. He only has 650 square feet and no unfinished basement. i Materials alone for the $1500. The trellis and and if he places the shy that patio and-ruin the only other place to put their tree in the-front at is the only feasible patio cost Mr. Perrone approximately patio are-visible from-the street .d forward it would block half of appearance of the property. The the shed would make them cut down yard. Mr. Perrone feels where its place to put the shed. WHEAT RIDGE BOARD OF ADJOSTMENT MINUTES OF~MEETING: December 12, 1996 Page 3 \, Discussion followed regarding various options to re-locate the shed. Mr. Perrone stated he did not obtain a building permit because he thought anything under 120 square feet did not require a permit. -He added the property to the north has no - objections to the shed. He continued saying he could spray the entire shed with fire-resistant sealant and could make the roof metal if these things would help with any codes. He. stated this -- would.be a terrible hardship at this point to tear. it down. Chairman WALKER asked how tall is"the shed, and Mr. Perrone-- replied 8 feet. _. Board Member HOVLAND said it appears there is a window on the north side of the shed,-and with the fire code it"would - have to be sealed off being it is so close to the adjacent resident; and Mr. Perrone replied he could do that. Board Member ABBOTT added the code does not recognize the fire sprays. Board Member THIESEN asked staff in using a one-hour fire retardant material, would it require tearing the shed down or just putting something on the inside of the shed, and Mr. McClanahan replied he does not know. Mr. McCartney answered the applicant would .not have to tear the shed down. No further questions were asked, Motion was made by Board Member ABBOTT, that Case No: WA-96_-- 39, an application by Peter Perrone, be DENIED for the. following reasons: 1. Due to the negligible setback of the .existing structure to the north, the placement of the structure runs counter to two primary concerns of the setback requirements: a. Visual aesthetic separation .in between adjacent- structures. b. Necessary separation between structures. to; limit the spread of fire. This danger is exacerbated by the height-of the proposed shed. 2. -Photos would indicate the shed does affect the supply of light to the adjacent structure to the north. 3. It would appear to be no benefit to the neighborhood. WHEAT RIDGE-BOARD OF ADJUSTMENT Page 4 MINUTES OF MEETING: December 12, 1996 { 4. Alternative locations appear to be problematical, however, there is still room on the lot to-place the-shed. 5. The hardship seems to be convenience rather than a hardship. Motion was seconded by Board Member HOVLAND. Motion for denial carried 5-1, with Board Member WALKER voting no: B. Case No. WA-96-41: An application by Texaco Refining and Marketing, Inc. for approval o~ a 12' side ,yard setback -_ variance to-the 30' side yard setback requirement.-to allow for a canopy. The property is zoned Commercial-One and ` located at 4885 Kpiing Street. Sean McCartney presented the staff report. All pertinent documents were entered into record,. which Chairman WALKER accepted. Board Member MAURO asked if this request is for the canopy and dispensers (gas pumps), and Mr. McCartney answered the dispensers are allowed, so the variance is just for the canopy. David Moore of Galloway and Romero, 5350 DTC Parkway, Englewood, CO, was sworn in. Mr. Moore is representing Texaco Refining and Marketing. Mr. Moore displayed a site plan which showed the existing building and canopy and also 'outlined the proposed revision= Basically they are moving the canopy back-and changing the, dispensers so they are all in a row for better traffic - movement. The proposed building will be much further off the. street. They are closing a curb cut and adding additional landscaping which will be of some benefit to Texaco and also the city. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-96- 41, an application by Texaco Refining and Marketing, Inc., be .APPROVED for the following reasons: 1. The canopy will be taller than 84" in height and not located within the_site distance triangle. The proposal will not act as a visual impact or impair the light or air of adjacent properties. 2. The proposed site plan has been reviewed by the (\ Planning and Development Department, Public Works CERTIFICATE OF RESOLUTION C 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 December , 1996. APPLICANT'S NAME: Peter A. Perrone LOCATION: 3085 Chase_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 officer; and WHEREAS, Board of Adjustment Application, Case No. WA-96-39 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE NO protests registered against it; and ~ WHEREAS, the relief applied for MAY NOT be granted without detriment__to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application. Case No. WA-96-39 be and hereby is DENIED. TYPE OF VARIANCE: A 4'6" side yard setback FOR THE FOLLOWING REASONS: 1. Due to the negligible setback of the existing structure to _ the, north the placement of-the structure runs counter to two- primary concerns of the setback requirements: a. Visual aesthetic separation in between adjacent structures ._ b. Necessary separation between structures to limit the spread of fire. This danger is exacerbated by the height of the proposed shed. 2. Photos would indicate the shed does affect the supply of light to the adjacent structure to the north. 3. It would appear to be no benefit to the neighborhood. Case No. Wid-96-39/Resolution Page 2 4. Alternative locations appear to be-problematical, however, there is still room on the lot to place the shed. 5. The hardship seems to be convenience rather than a hardship. VOTE: YES: Abbott, Hovland, Junker, Mauro, and Thiessen NO: Walker DISPOSITION: A 4'6" side yard setback variance denied by a vote of 5-1. DATED this 12t.~h~~/Jd~ay of December, 1996. ROBERT W KER, Chairman Mary L u Chapla, Secretary Board of Adjustment Board o Adjustment \_ PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-96-39 DATE• December 12, 1996 REQUEST: An application by Peter A, Perrone for the approval of a 4'6" side yard setback variance to the 9' side yard setback requirement to allow for an existing shed on property zoned Residential One~C and located at 3089 Chase_St. Position On Request; (Please Check) ; ~ SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~ ~ ~ i ~ i i ~ ' i ~ ~ ~ ~ ~ i ~ ~ i ~ ~ i ~ ~ i ~ ~ i i ~ i i i i ~ ~ ~ ~ i ~