HomeMy WebLinkAboutWA-96-40me crry or
Wheat
Ridge
ADMINISTRATIVE PROCESS APPLICATION __ -
Department of Planning and Development
7500 West 29th Ave., Wheat Ridge, CO 80033.
Phone (303)_237-6944
Applicant. ~e,-: ~Cln v~.c. ~ ~ Address ~ZrTI,o ~-~, ~~fG iQyY . Phone3~z a3~°ll`Lt~
Owner-~cnd Qqw~ SC~s~zl ~ Addres's r'z i'dD W •3~~4'/'vY~e, Phone3~3 a3~~112D
Location_of request- 1Z11~'z~Gc~..3y~-~~` ~~. ~~?-e~~~"~~Pe Cam. So~~.3
Type of action requested (check one_or more of the.,actions listed below
which pertain to your request.)
^_Change of zone or zone conditions ® Variance/Waiver
Site development plan approval- 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
Detailed Description of request erg cv' ~ n ~ k 9 X 2L ~. ~ ar
~t 5 , S ~~' L °`X' ~ S r w.r Y' a o >f /fw ¢ ~Tr.cQ 4 ~'~r c Z, ¢. -f a ~ C ~ • , - - -
List all persons and companies who hold an interest_in the described real.
property, as owner, mortgagee, lessee, optionee, etc_
NAME p ) llA ADDRESS // PHONE --
'L; e,v. d''C awe ~L I.~.P G% rZ +'St7 w, .~6'rZ` ~Qv-c G/hz.„'~ ~i ~iti CD 3D3~2,3 Z"AZD .,.
Melian Marf~~e Co, 1775 .,riG,e:,~nan Sf,: $182300 "t~envG~,Cb boo/8a6-66O5
rte' 6a~ S f7a.(to~i-a ~ o}C $NOb r'oNX ~~l~s SD 5711)-SYDD Sao/a6S-BSSS
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that. in filing this_applicationa I
am acting with the knowledge and consent of.th_," persons listed above,
without whose consent the requested actior,,c of lawfully be accomplished.
Applicants other. than .:owners must submit p -of~attorney from the owner
which approved of this act~iJor~t~n . f . ,
g of Applicant ,%"
Si nature
_ _ .` ,~
~~5 S~ibscfibed and sworn to me this~_'~ d~ of ~o ~r 19
~ L ~ ~ w r! .~~ o~
'S ~' '"
„1 y , } _ , ~-o ~ Notary Public
>~) ,'A"' My commission expires '~~9- 9z
! iI
Date°R~q~ved /~.-L3U '`2~i Receipt No. ~.~ •9' ease No.__
cQI.oRADO Deed ®f Trus#
280//! T00
L.oan/Credit Line Number 4190080610687511
ssvsaxl~xnc Na Uci~LY,mnad tPAI@LI, St 8CHN8LLY Da09BA~ aem xiPS ~• 199 6 ,between
whose address is 12160 w 35mH AVE wriSAT RIDGE, CA 800335208
County of JBFFHRSON State oCColorado, Irereinatler referred to as Grantor, and the Public Tnrstee of the
County of JBFFHR80N . State ofColorado, hereinafter referred to as Tmstee.
WiTNESSETII: (check box I, 2 or 3 and, if grantor is a third-parry p]edgor, box 4.)
Whereas,
agrexment dated
a promissory note dated
("Borrower") has executed and delivered to
for Ux; principal sum of
(and loan
---
dollars ($ )with interest thereon from the date
thereof, until paid, az the tact set forth in said note, said principal sum and interest thereon to be paid az such times and in such amounts as
set out in the promissory note (and loan agreement, if applicable) said note (and loan agreement, if applicable) by reference being made a
part hereof to the same extent as though set out in full herein, and, as specified in said note (and loan agreement, if applicable), the
remaining balance of said principal sum shall be due and payable on (the "Maturity
Date") or az such later date as may be provided by any renewal or extension agreements rcr~wing or extending the referenced note;
7 Whereas,
("_Guaeantor") has exewted and delivered to
a Guaranty dated
theindcbtedness of
guaranteeing
("Borrower") az
and all extensions or rerrewals thereof including,
without limitation, such other existing and futtue indebtedness of the Borrower to
as provided under tlu terms of the Guaranty which, by this reference, is made a part hereof, as though set forth in full herein;
~C, WIICreaS BBNJ7VSIN C. eCHNBLL anQ PANBLA J. 9CNtrBLL
("Bornnvcr") has executed and de)ivcred to First Baru oe
South Dakota tNational Aaociation) arevolvingcreditlineagreementdated April 05, 1996 (yy
and between Borrower and First Bank of South Dakota (Rational Aasooiation) ,which
provides to Borrower anopen-ended, mvolving line of credit up to tl~ amount of P1FT8~ THOUSAND DOrid+RS AND 00
CffidT8 dollars ($ 15, 000.00 ), Plus
accmed finance charges; said principal, interest and Cmance charges being payable az such times and in such amounts as set out in said
revolving credit line agreement, which by reference is made a part hereof as if set forth in full herein;
:~l Whereas, Grantor has agreed to hypothecate the Grantor's interest in the property described herein as collateral security for the
obligations of the Guarantor or Borrower described above.
Hard, Whereas, Grantor is desirous of securing the prompt payment of the indebtedness, both principal and interest thereon as above set out, in
whose hands soever the said note, agreement, or continuing guaranty maybe, such holder of said note, agreement, or guaranty being referred to
hcrcafier as Beneficiary;
Now, Therefor, Grantor, in consideration of the promises, and for the purposes aforesaid has granted, bargained sold, conveyed and does
hereby grant, bargain, sell and convey unto'I'mstce, intrust forever, all those certain premises and propeny situate in the
County of JHgggggpN , Staze of Colorado, known and described as
follows, to-wit:
Legal Description:
lot 36, block 4, applawood village county of jeffarson,city of danvar
Otherwise known as (street address): aziso N 35TH Ava
1n3BAT BIDCa, CO 000335208
'fr eether R'ith all huildings and improvements now or hereafter erected thcrtron, all screens, storm sashes, awrting~, attached carpet and
door covering, treating, lighting, plumbing, gas, electric ventilating, refrigerating and ar-conditioning equipment used in connection
therekith, all otwhich, under this instrument, shall be deemed a part of the reality as between the panics hereto. The express enumeration of
the foregoing items shall not be deemed to limit or restrict the applicability of any other language describing in genera! terms other property
intended to be coven;d hereby.
Together With all and singular the tenements, hercditaments, right, rights of way, easements, privileges and appurtenances, thereunto
tx:longing, or in anywise appertaining (all as part of the promises hereby conveyed) which shall be deemed to include but not to be limited to (i)
all rents, issues, profits, royalties and benefits therefrom, subject, however, to the right, power and authority hereinafter given to and conferred
upem Beneficiary or the holder of a Certificate of Purchase to collecK such rents, issues and profits; (ii) all improvements, fixtures and
equipment (whether or not annt:xed thereto) now or hereaRer used in connection therewith; (iii) all water and rights to the use of water for
domestic, agricultural, manufacturing and any other purposes thereon to which Grantor and/or the premises hereby conveyed are now of may
hcreaRcr txcome entitled; (iv) all fixtures and cyuipmcnt (whether or not annexed thereto) now or hcrcaRer used for the production or
distribution of water thereon or for the irrigation or drainage thereof; (v) all shares of water or shares of stock in any water, imgahon or ditch
company which in any manner entitles Grantor and/or the premises hereby conveyed to water for, domestic, agricultural, manufacturing and
any other purposes upon said premises, including any such shares to which Grantor or the premises may be entitled and together with any such
shares hereafter acquired by Grantor for any such purposes; and (vi) all judgments, awards of damages and settlements hereafter made as a
rrsult of or in lieu of any taking of the premises, or any part thcrco(, under the power of eminent domain, or for any damage to the promises or
the improvements thereon, or to any pan then:of, whether caused by such taking or otherwise, such pan of any such judgement, award or
uttlemcnt as t3encficiary may elect to be applied to the indebtedness hereby secured and the balance tlxrcof, if any, to be reserved [o the party
or parties otherwise untitled thereto. a~a tL93
,.~x~ ~o ayv~ Duos
RECEPTION NO. F0097636 2-6:00- P6: OOOI-005
.~ 742 RECORDED IN JES=PERSON COUNTY, COLORADO 8/10/95 10:28
When'Recorded Mail to:
STM Mortgage Company dba Murray Mortgage Co parry
1250 Mockingbird Lane ~- It°
Suite 600
D~las, TX 75247
ATTN: Loan Control Department
[Space Above This Line For Recording Data]
C Q ~ '
~ p~ DEED OF TRUST
THis De&D of TRUST (` `Security Instrument") is made on August 7,1995 among the grantor, EENJAMIN C.
SCHNELL and PAMELA J. SCIINELL JOINT TENANTS ("Borrower"), the Public Trustee of JEFFERSON
County ("Trustee"), and the beneficiary, STM Mortgage Company dba Murray Mortgage Company, which is
organized and existing under the laws of-tire State of Texas, and whose address is 1250 Mockingbird Lane, Suite
600, Dattas,-'1'X 75247 ("Lender"). Borrower owes Lender the principal sum of One Hundred Forty-Tln•ee
Thousand Nine Hundred Fifty and No/100 Dollars (U.S. $143,950.00). is debt is evidenced by Borrower's note
dated the same date as this Security Instrument ("Note"), which p ides for monthly payments, with the full
debt, if not paid earlier, due and payable on September 1, 2025. This Security Instrument 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 perfortnance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created,
irrevocably grants and conveys [o Trustee, in trust, wit[t power of sale, the fallowing described property located
in JEFFERSON County, Colorado:
LOT 36, BLOCK 4,
APPLEWOOD VILLAGE,
COUNTY OF JEFP'IsRSON,
STATE OF COLORADO.
~~~~IC ~ ~~'" ]ec'
sF~ ~ ~ ~sss
JEFFEgSO/y CO
COLOggOQ NTY
r,
which has the address of 12180 WEST 35'PH AVENUE, WI3EATR1DG3,C0 50033 ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter apart 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 Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to _
grant and convey the Property attd that the Property is unencumbered, except far 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. '~ ~,
Txts SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants wi, `~
limited variations by jurisdiction- to constitute a uniform security instrument covering real property.
OI:O1tADO -Single Family -FNMA/PIILDiC UNIFORM INS'f1LUMEN•P Form 3UUG 9/90
~'~. (page 1 of 5 pages)
~ ~?~ z~.'r~~ gl~~,t')>>t_•1 Zzii 227531-6
RECEPTION N0. F0307116 6.00 PG: 0001-001. __
743 RECORDED IN JEFFERSON COUNTY COLORADO 9/27/96 7:41:22
~~
L `O
"•~x1FTER RECORDING RETURN TO:
~~'ENJAMIN SCHNELL 12180 WEST 35TH AVE WHEATRIDGE CO 80033
~COAN NUMBER 303099592 P/O 2/14/96 B SCHNELL
RELEASE OF DEED OF TRUST
DATE: March 16, 1996
1 ,~~ BORROWER): BENJAMIN C SCHNELL AND PAMELA J SCHNELL JOINT TENANTS ~
~Q ORIGINAL BENEFICIARY (LENDER): STM MORTGAGE COMPANY DBA HURRAY MORTGAGE COMPANY ~ ,
DATE OF DEED OF TRUST: AUGUST 7, 1995
RECORDING DATE OF DEED OF TRUST: AUGUST 10, 1995
COUNTY OF RECORDING: JEFFERSON
RECEPTION AND/OR FILM NOS. OF
~ RECORDED DEED OF TRUST: RECPT. NO. F0097636
BOOK AND PAGE OF DEED OF TRUST- ------------------~___- _.
TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY
(The Public Trustee to wf~icti tPie above Deed of Trust conveys the said property.)
Please execute this release;;aW~the indebtedness has been fully paid and/or the terms and conditions of the
trust have been fully. satis~fied~~=•-; ;•
,,
GMA MO SA ~E'C RP ~ ~lON OF PA Q ~ti~
;,. -
./
... ,:
DA L. UNSTA6;. ASST, VICE PRESIDENT
STATE OF IOWA )
ss
COUNTY OF BLP.CI< HAWK )
The foregoing request for release was acknowledged before me this March 16, 1996, by Linda L. Hunstad,
Vice President. Witness,my hand and official seal. ,
_..
ROXANNE M.' HERMAiV` "• ''~
Notary Public'~n and for said County anal State
My Commis$'~on; expires: 8/25/9,F~i
~,e° ~>
KNOW ALL MEt~~,'~that"the.dbove-referenced Grantor(s), by Deed of Trust, conveyed certain real property
described in said Deed~~of Trust, to the Public Trustee of the County referenced above, in the State of
Colorado to be held in trust to secure the payment of the indebtedness referred to therein.
NOW THEREFORE, at the written request of the legal holder of the said indebtedness, and in consideration
of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the
Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the
present owner or owners of said real property, and unto the heir's, successors and assigns of such owner or
owners forever, all the right, title and interest which I have under and by virtue of the aforesaid Deed of
Trust in the real estate described therein, and more particularly described as follows:
LOT 36 BLOCK 4 APPLEWOOD VILLAGE COUNTY OF JEFFERSON STATE OF COLORADO
TO HAVE AND TO HOLD TI-fE SAME, with all the privileges and appurtenances thereunto belonging forever;
and further I do hereby fully and absolutely release, cancel and
forever disc ge said Deed qf~ us . ~
Public rustee
by
Deputy Public Trustee
State of Colorado JEEFERSOtd
County of .JEFfEN~U;,a
The foregoing instrument was ack owledged before me in Count ~°~~°j~
5EP27 15~i '' "` IFS RUi°H HUGHES
State of Colorado, on ) 'N0~A"r~
(date) by~~~(-~N F' 1~1~~~'~i ,+ STATE OFCOLORHD~)
Public Trustee of ounty, Colorado. ` -;.,°LBt1~.',e: MY COMMISSION EXPIRES
Witness My Hand and Seal r ~ ~ ~ ~- ~ ~~ ~~•:~. °~ June 23,1998
Date Commission Expires Notary Public
Notary Address: ",,.
Z07/hmk Prepared by:GMAC h"ORTGAGE CORPORATION, PO Box 780, Waterloo, IA 50704-0780 F
Ry
~ ]FOUNDERS ~'
Survcyfng aitd Mapphtg Co.
eslabllshcd 1985
G073 S. Eudora Way
Llttlclon, CO IIO 121
Tcf. 779-9Gh7/Fax: 779- 0~ 14
NO. zsoz
srnccrnooness: 12180 W. 35th Ave.
bonnoyvcn, Schnell
~MPROVEM ENT LOCATION CERTIFICATE
LEGAL DESCRIPTION: Lop_ 36, sloclc 4, nPPLEwoon VILLAGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
~'fi
'` 1
scat ¢: I - 20
12180 W• 35TH AVE.
0
50 R. OW.
75
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+ ~ •. -- ..cans • i.ll~~.'. ~
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concrete PaJ II- --1
¢ncroaches ''I f enFe
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7506. ,
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75 °"v
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6"r~•jt~cnfn~r,
I hnreby cerury lbnl utb rmprovnmenl lncanan certNi<aly wne nrnpernd br AFFILIATED FINANCIAL GROUP
Inmt It le not a lentl eurvoy pUl or Imorovnmenl eurvoy pIH, and Ihal it Ia npl to be ratted upon lot the eelablbhmenl of lento, bult0lnp, or orhor forma Improvement Ilnel.
7 31m9~
I hnrnhV ePrlRy IHeI Ina Improvem ante qn Ihn nopve gngntlbntl parent nn Ime gnln,,,,,m~,,.,~,°
emanpl Ylllliy 5gnnnptlBN, Are pnllr qty wlnan die ppuridnrlne pr Rte perpgl, empepl ee ehnWn, Ihel IhPfe arv nq nnarvnghmnnlA Nppn Ihn de nftlbnd prnm4RB by Imprpvnmanle On eny
atllolnlnp pryntlbn, ePpnpi Pe IndlCetnd, and Ihel Ihere A nn apparent wlgmwe or elpn vl eny vuananl crouinp or burtlenlnp eny pert of veld parcel, emcmpl ea naiad. The bnpolnp le
shown with en accuracy nova uary to mntUty Ibo nmege of • lentlvr or Ineuror.
"Nogcc: According to Colorado late you mull convncncc wily Icgal, action based upml any
date of tha ce rtifiwt on sl to wnl hcrcolltthis sfurvcy bo cmnrncr~ cd rnorlc lien !cn years frmnrthclny ``~~O•~~rtLPQD ,P IE ~lSr~9F
It is hereby certified that the above Described property 15 not totaled
widlin a I00 year flood hvalJ boundary in acevl dance tvilh tlw anlent Federal tinrergency
`1ana~cnrcnt A~cncy Flood Insururec Ratc Maps, Unlcd: 2_q'pp _
property is located in zone: C
net numbef; 085079 0005 C Census'Prrct Number. _n(a
23041
rOU1VAI;RS
Survvylnq and MnppGrg Cn.
r
P.O. BOX 638 TELEPHONE: 303/237-6944 ThE Clry Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLD-RADO 80033 _ heat
Ridge
November 26, 1996
This is to inform you that Case No. WA-96-40 which is a request
for approval of a 5' sideyard setback variance to the 5' sideyard setback
requirement to allow the construction of a 9' X.22' carport
for property located at 12180 W. 35th Avenue
will. be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council ..Chambers o£ 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.
If you have any questions or desire.. to.review_-any plans,- please
contact the Planning Division. Thank you.
PLANNING DIVISION
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: December 12, 1996 DATE PREPARED:December 5, 1996
CASE NO. & NAME: WA-96-40/Schnell -CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application by Ben Schnell for the approval of a 5°
side yard setback variance to-the 5' side. yard setback requirement to
allow the construction.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S)
12180 W. 35th Avenue
Ben and Pam Schnell
12180 W< 35th-Avenue
Wheat Ridge, Colorado 80033
NAME & ADDRESS OF OWNER(S) Same
----------------------------------------------~---- --------------------
APPROXIMATE AREA: 9,225 square feet
PRESENT ZONING: Residential-One A
PRESENT LAND USE: Residential Single Family
SURROUNDING ZONING: ~T:, ~: ~:, and E: Residential-One A
SURROUNDING LAND USE: $~:, ~:, N:, and E: Residential single family
-------------------------------------------------------------------------
DATE PUBLISHED: November 22, 1996-
DATE POSTED: November 27, 1996
DATED LEGAL NOTICES SENT: November 27, 1996
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
ENTER INTO RECORD•
( ) COMPREHENSIVE PLAN _ (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( ) OTHER
------------------------------------------------------------------------
V VK1 b"U11~'1'1VN
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
Casa No. WA-96-40
I. REQUEST
The applicant is requesting the approval of a 5° side yard setback
variance to the 5' side yard setback requirement to allow the
construction of a 9' X_22' carport. If approved, the carport would be
built on the property line, approximately 9' from the existing single
family residential structure to the west.
The property, which is a typical rectangular shaped parcel, currently
provides an existing concrete-pad on the west side of the property_(the
side of the proposed carport). The applicant wishes to construct the
carport, tying it to the existing roof line, thus creating coverage for
one more car. Because of the concrete pad, and that the existing
single-car garage is located on this side, the applicant believes the
west side of -the--property is _the ideal location for the proposed
carport.
Pursuant to section 26-11 (F) of the Wheat Ridge Code. of Laws, a carport
built in the Residential-One A zone district, must maintain a minimum
side yard setback of 5.', while maintaining an average of 15° on both
side yard setbacks.
IIm 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?
Yes. The property is currently being_ used as a single-family
residential and, if the request is denied, may continue being used as
such.. _ _
2. Is the plight of the owner do to unique circumstances?
No. Although there aren't any alternative locations on the site, there
aren't any unique circumstances attributed to this property.
3. If the variation were granted, would it alter the essential
character of the locality?
No. Other properties in the adjacent locality have carports with
minimal, if any, setbacks.
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?
No. The. property is a typically rectangular shaped lot, with little
topographical slope.
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?
Yes. Anyone may apply for the exact variance in any other instance, but
the outcome may not be the same.
6. Is the purpose of the variation based exclusively upon a desire to
make money out of the property?
No. The purpose of this variance is not based exclusively upon the
desire to make more money out of the property, The proposal is solely
for additional covered parking.
7. Has the alleged difficulty or hardship been created by any person
presently having an interest in the property?
Yes. As the owner should have known the zoning setback requirements
when he purchased the property.
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. Approval of this request would not detrimentally impact the public
welfare or be injurious to .other property or improvements in the
neighborhood. Although, it should be noted that approval of this
request will hinder the chances of the neighbor to the west of ever
receiving a side- yard setback variance. At the time this report was
written, staff had not received any registered complaints regarding this
proposals
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?
Approval of this variation may minimally impair the adequate supply of
light to the adjacent property to the west, but not enough for concern.
Nor will it substantially increase the congestion in the public streets
or increase the danger of fire or endanger the publics safety.
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 the 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?
Request for approval of a carport on this site would solely benefit the
individual. Approval. of the request. would allow for another covered
parking space. This request is-not based on handicapped accommodations. .
III. STAFF'S CONCLUSION'S
Staff concludes that the request for the carport, albeit an individual
benefit, would not be detrimental or injurious to other properties or
improvements in the neighborhood, nor would it pose a threat to the
publics health, safety and welfare. If approved, staff recommends the
following:
1. The_downspout's must be designed to direct the water runoff. away
from the adjacent property.
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WHE~4T RIDGE --PARG2,LOT BOiiNORY
(DESIGNA ~5 OWNERSHi?i
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ZONING 11ND DEVELOPMENT
part of another administrative process, such
as a change of zone, subdivision or a formal
site plan or development plan review which
requires a public hearing before the plan-
ning commission and/or city council, then
the planning rnmmissionand/or city council
shall be empowered to decide upon such
variance or waiver request concurrent with
such other process; however, in deciding
such variance or waiver the planning com-
mission and/or city council shall be subject
to the voting ratio as applies to the boazd of
adjustment, set forth in Wheat Ridge Code
of Laws section 2-61.
/ (~)
J' D~ ~ Z ~~(/1 pia Review criteria and findings of fact:
Where the boazd of adjustment, plan-
ll// ,//
cty}• CtS
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~ Wing commission or city council shall
h
,
,/~r
r eaz and decide upon a request for a
S/ j~~ ~~ 1~U
'
l variance or waiver, that authority shall
~a.
/ base its decision inconsideration of the
/
~~l p~n~~~, eeteni to which the following facts, fa-
vorable to the applicant, have been es-
~~ ~ ~ tablished by Lhe evidence:
1. Can the property in question yield
a reasonable return in use, service
~D ,fl
/^
c or income if permitted to be used
J
-
, only under the conditions allowed
~u-r~~~_ i ~ ~ by regulation for the district in
J
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Is the plight of the owner due to
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unique circumstances?
CS7
-
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-~J 3. If the variation were granted,
~S ~ t.f~ ~~ would it alter the essential chaz-
acter of the locality?
~~ ~~ y~ Q~~~
f 4. Would the oarticulaz physical sur-
rounding, shape or typographical
~ ~
7 condition of the specific property
involved result in a particular
hardship lupon the owners as dis-
.~v /gyp pr~~~l~~ tinguished from a mere inconve-
1
Y
Q
~
t' nience if the strict letter of the reg-
uiations
i
d
?
c
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out
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~ 5. Would the conditions upon which
aV
dve
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q~ld ,3YDpI _ the petitionforavariationisbased
be applicable, generally, to the
LXi S'}' 4r~,~~gY Swnl ~~,r
`v ~ ~f r'+L~S ~Yj other property within the same
zoning classi[ication?
1/A(' /~yr,'(' ~y~~•ef-t``'~.
CUJ 6. Is the purpose of the variation
based exclusively upon a desire to
make money out of the property?
'Fl~df 1S h~l
ih turir~~lS fib ~'~`~5
~J tiupp. No !0
7
8.
9.
~ 35 ~~ ~,~
Has the alleged difficult
ship been created by a
presently havingan into
property? _
Would the granting of : -
tions be detrimental to
welfare or injurious f<!-:'' ,r
erty or improveme ~ Q °+S
borhood in whic$~ ~~ ~j
located? `~'~~ ~~
Would the propos Z
pair the adequate ,nt
and air to adjacen+ . sub-
stantially increasj ,-,gestion
in the public street: lcrease the
danger of fire or •~idanger the
public safety or substantially di-
minish or impair property values
within the neighborhood?
(d1 Expiration of variance: Any variance
granted by the boazd of adjustment or
planning director shall automatically
expire within one hundred eighty (180)
days of the date it was granted, or
within such other time as the boazd of
adjustment or planning director may
prescribe, unless a building permit for
the vaziance is obtained within such
period of time. If the building permit
expires, the vaziance shall expire at the
same time. Extensions of time may 6e
granted for good cause shown, but only
if an application for the extension is
made prior to the expiration of the vazi-
once.
(3) Temporary permit jor uses, buildings and
signs:
(a) One-month temporarr• permit: The
zoning administrator is empowered to
decide upon applications for temporary
buildings, uses or signs which would
not otherwise be permitted in a partic•
ular district, without requirement of a
public hearing, under the Collowing con-
ditions:
t. The duration of the building,++, use
or sign shall not exceed one til)
month.
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fie, n..2.3~1'We~ impr.e..~1~~{ ~t~r 1YlGY~2eeS~
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ZONlNG.VQD DEVELOP!4fENT
part of another administrative process, such
as a change of zone, subdivision or a formal
site plan or development plan review which
requires a public hearing before the plan-
ning co**+*n~==ion and/or city council, then
Lhe planning commission and/or city council
shall be empowered to decide upon such
variance or waiver request concurrent with
such other process; however, in deciding
such variance or waiver the planning com-
mission and/or city council shall be subject
to the voting ratio as applies to the boazd of
adjustment, set forth in Wheat Ridge Code
of Laws section 2-61.
K~ )
rDf,/~z r~a~~~ j//~
SCQ. ~ F-~r ~~- ~Gs r~
~Dtif`ar-,olrCcJ
Review criteria and findings of fact:
Where the board of adjustment, plan-
ning commission or city council shall
heaz and decide upon a request for a
variance or waiver, that authority shall
base its decision in consideration of the
extent to which the following facts, fa-
vorable to the applicant, have been es-
tablished by the evidence:
~J ~ D 1. Can the property in question yield
a reasonable return in use, service
}}
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¢
nD or income if permitted to be used
_
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~ only under the conditions allowed
~~ rJ D~_ ~ ~ ~ by regulation for the disirict in
whi
h it i
l
ted?
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s
oca
Is the plight of the owner due to
~~ ~
~ unique circumstances?
r.
-. 3.
J If the variation were granted,
~,~
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~ would it alter the essential chaz•
- otter of the locality?
~/~ ~~» Q,r}~y , 4.
"" Would the particulaz physical sur
Q ~~ rounding, shape or typographical
~ CJ condition of the specific property
i
l
d
l
i
nvo
ve
resu
t
n a particular
~v hd p!"D~~le~ hazdship lupon the owner as dis-
tinguished from a mere inconve-
U / p J
t pierce if the strict letter of the reg-
ulations were carried out?
J Z~ wG rtt K4,
cy~- ~
5.
qK~ 3yop Va V I dv, ~"~ Would the conditions upon which
the petition for a vaziation is based
be applicable, generally, to the
e3~C) S'}' Uv~.~.e'Y' SN^'t1 Cs,Y
h
hi
h
er property wit
ot
n t
e same
~~ h ~l -~~5- , yi zoning classification?
6.
-
`
' Is the purpose of the variation
~/q` ray.,,-f ~yo~~eC'
(
'
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QQ based exclusively upon a desire to
make money out of the property?
f~ d'{' D S h ~~'
rrJ~u r tat! S 'f'a °-(~~`W 5
._,t, ~ tiupp. No. )30
Q4~11~ G~~GI ~av^t?,
7
8.
9.
Has the alleged difficult
ship been created by a~
presently having an inter r,~
property? L ~
Would. the granting of tk
lions be detrimental to th
welfaze or injurious to oth.
erty or improvements in the
barhood in which the prop ~ is
located?
Would the proposed variation im•
pair the adequate supply of light
and air to adjacent property or sub•
stantially increase the congestion
in the public streets or increase the
danger of fire or endanger the
public safety or =_ubstantially di•
minish or impair property values
within the neighborhood?
(d) Expiration of variance: Any variance
granted by the boazd of adjustment or
planning director shall automatically
expire within one hundred eighty (180)
days of the date it was granted, or
within such other time as the boazd of
adjustment or planning director may
prescribe, unless a builaing permit for
the vaziance is obtained within such
period of time. If the building permit
e.~cpires, the vaziance shall expire at the
same time. Extensions of time may be
granted for good cause_hown, but only
if an application for the extension is
made prior to the expiration of the vazi-
ance.
(3) Temporary permit jor uses, buildings and
signs:
(al One-month temporary permit: The
zoning administrator is empowered to
decide upon applications for temporary
buildings, uses or signs which would
not otherwise be permitted in a partic-
ulardistrict, without requirement of a
public hearing, under the following con-
ditions:
1. The duration of the building, use
or sign shall roc exceed nne (1)
month.
1697
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26-6
WHEAT RIDGE CITY CODE
o2zvv w,35~~Av~. Ne~r i ~'~w./N~+.~c,~
)Z l`{a 'uJ'-''S~1'A'~2 Naic~~@S C+~zw cw~>
i 3 / j~ W. 35~t' l4vp ~e o,r'd~ Fre~
5. Other information which the ap-
plicant, the zoning administrator
or the hearing authority deter-
mines is necessary in order to ad-
equately evaluate the application.
(2) Variances and Waiuers:
(D) Variance/Waiuers/Temporary Permits/Inter-
pretations. Where it is desired to gain relief from
the strict application of any provision of this
chapter or to seek an interpretation of the provi-
sions or associated official maps, appeal to the
appropriate authority as described below shall be
made in accordance with the requirements re-
lating to the speciFc type of appeal. Where a public
heazing is required, notification of such heazing
shall occur by newspaper publication, posting, and
certified letter as prescribed in subsection !F)(1).
(1) Application requirements. All requests for
a vaziance, waiver, temporary permit or in-
terpretation, as described herein, shall be
made by the filing of an application, to-
getherwith the required fee and supporting
documentation.
(a) Fee Requirement: Fifty dollazs ($50.00),
except where a request covered within
this subsection (D) is made a part of
another administrative process, then
the higher fee shall be imposed.
(b) Documentation Required:
1. Copy of the deed far the property.
2. Power of attorney if the applicant
is not the owner of the property.
3. Property survey will be required if
the request involves relationship
of structure(s) to lot lines or lot
azea.
4. Posting certification (to be sub-
mitted at the heazing to the clerk).
(a) Minor Variances or Waivers iTen (10)
Percent or I ess): The zoning adminis-
trator is empowered to decide upon ap-
plications for minor variances or
waivers from the strict application of
any of the "development and use
regulations" of this zoning ordinance,
which apply throughout the various
zone district regulations and in other
situations which may be speciFcally au-
thorized in the various sections.
without requirement of a public
heazing, under the following conditions:
1. The variance or waiver does not
exceed ten (10) percent oC the min•
imum or ma.•rimum standard; and
2. That the zoning administrator
finds that the "findings of fact," as
set forth in subsection (2)(c) hereof,
are substantially complied with
and support the request; and
3. The zoning administrator has no-
tified adjacent property owners by
letter notice and posting of the site
at least ten l10) days prior to ren-
dering his decision, and that no
protests have been received during
such ten-day period.
4. That no additional dwelling units
would result from approval of such
variance or waiver.
(b) Variances and Waivers of More Than
Ten (10) Percent: The board of adjust-
ment isempowered to hold public heaz-
ings to heaz and decide upon appeals
for variances and waivers from the
strict application of any of the "devel-
opment and use regulations" which
apply throughout he various zone dis-,
trict regulations of this zoning code, un-
less otherwise saecifecally provided.
ZVhere a variance or waiver is made a
Supp. No. 5
1696
WfiEAT RIDGB BOARD OF ADNSTMENT
/ MINUTES OF MEETING: December 12, 1996 Page 7
t
2. Even though the Board of Adjustment on approval of the
previous TUP made a conditinn there shall not be
anymore TUPS issued for the firewood business, staff
has recommended approval upon the condition that the
applicant immediately applies for a Special Use Permit.
3. The Temporary Use Permit shall only be for the purpose
of making the applicant's use legal until the Special
Use Permit process is complete. The Temporary Use
Permit sha11 terminate upon City Council's final
decision regarding the 6pecial IIse Permit.
WITH THE FOLLOWING CONDITIONS:
1. If the business changes ownership, the Temporary Use
Permit will be revoked.
2. The wood to be sold will be maintained in a neat and
orderly manner.
3. The applicant can cut and split wood only that he
requires as a direct result frozn his tree maintenance
service.
4. The cutting and splitting of wood will be restricted to
the hours between 9:00 a.m. and 4:00 p.m., Monday
through Friday.
5. Any complaints that come to staff's attention be
referred to the board who may reserve the right to
recall the applicant and reconsider-the case.
6. The applicant immediately applies for a Special Use
Permit.
Motion_was seconded by Board Member JUNKER. Motion carried
6-0. Resolution attached.
E. ~~vo. wx-9~-`4~: An application by Ben Schnell for
approval of a 5' side yard setback variance to the 5' side
yard setback requirement to allow the construction of a 9' x
22' carport. The property is zonec3 Residential One-A and
located at 12180__W. 35th Avenue.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman wALKER
accepted_
Board Member HOVLAND questioned that a fire hazard is not an
issue as long as the structure remains open on two sides,
and Mr. McCartney replied correct.
Chairman wALKER asked if there were any requirements for
covered parking spaces in the code, and Mr. McCartney
answered no.
WHEAT RIDGE BOARD OF ADJUSTMENT page 8
C MIN[TTES OF MEETING: December 12, 1996
The applicant, Ben Schnell, 12180 W. 35th Avenue, was sworn-
in. Mr. Schnell was in agreement with the staff report.
Board Member HOVLAND asked if he will be building with the
existing roof line., and Mr. Schnell answered he would
continue with the roof line, however it is 12 feet in
height, and the carport will only be 8 feet, but they will
have the same pitch.
No further questions were asked.
Motion was made by Board Member HOVLAND, that Case No. WA-
96-42, an application by Ben Schnell, be APPROVED for the
following reasons: - _
1. The Board finds that based upon all evidence presented
and based upon the Board's conclusions relative to the
nine specific questions to justify the variance, the
evidence and facts in this case do support the granting
of this request. _
2. There appear to be other similar structures in the
neighborhood.
3. Most homes in the area do include a two-car garage.
WITH THE FOLLOWING CONDITIONS:
1. The design be archetechually compatible with the house.
2. The .structure shall not be enclosed.
3. The downspouts_be designed to direct the water run-off _ _
away from the adjacent property.
Motion was seconded by Board Member JUNKER,
Board Member-ABBOTT stated he will be voting no on this
because there are: no unique hardships or circumstances. He
feels the request runs counter to the intent of the setbacks
which is to leave open space for visual aesthetics and for
fire separation.
Motion failed by a vote of 4-2, with Board Member ABBOTT and
Chairman WALKER voting no. Resolution attached.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
WHEAT RIDGE BOARD OF ADJUSTMENT
~ MINUTES OF MEETING: December 12, 1996
7. NEW BIISINESS
A. Election of Officers:
Page 9
Election of officers will be held at the January 1997
regular meeting. __
B. Study Session:
Motion was made by Board Member THIESSEN, seconded by
Board Member ABBOTT to have a study session on January
9, 1997, provided-there is a quorum. .Motion carried.
C. Approval of Minutes:
(1) Motion was made by Board Member ABBOTT,. seconded by
Board Member JUNKER, that the minutes of_September 26,
1996, be approved as amended: Page 1, Item 2, change -
the seconded MEMBERS PRESENT to read MEMBER ABSENT.
Motion carried.
(2) Motion was made by Board Member HOVLAND, seconded by
Board Member JUNKER, that the minutes of October 10,
1996, be approved as printed. Motion carried.
(3) Motion was made by Board Member MAURO, seconded by Board
Member JUNKER, that the minutes of October 24, 1996, be
approved as printed. -Motion carried. -
8. ADJOURNMENT
Motion was made by Board Member JUNKER, seconded by Board
Member THIESSEN, that the meeting be adjourned. .Meeting
adjourned at 9:35 p.m.
~ ~.
Mary L Chapla, Se retary
CERTIFICATE OF RESOLUTION
` I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 12th day of December 199.6. ___
CASE NO: °-__ -_` 6 0_-~
APPLICANT'S NAME: Ben Schnell
LOCATION: 12180 W. 35th Avenue
Upon motion by Board Member HOVLAND , seconded'by Board Member _
JUNKER , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-96-40
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment
to the public welfare and without substantially impairing the
intent and purpose of-the regulations governing the City of wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-96-40 be and hereby is APPROVED,.
TYPE OF .VARIANCE: A 5' side yard setback
FOR THE FOLLOWING REASONS:
1. The Board finds that based upon all evidence presented and
based upon the Board's conclusions relative to the nine
specific questions to justify the variance, the evidence and
facts in this case do support the granting of this request.
2. There appear to be other similar structures in the
neighborhood.
3. Most homes in the area do include a two-car garage.
Case No. WA-96-40/Resolution
Page 2
WITH THE FOLLOWING CONDITIONS:
1. The design be architecturally compatible with the house.
2. The structure shall not be enclosed.
3. The downspouts be designed to direct the water run-off away
from the adjac ent property.
VOTE: YES: Hovland, Junker, Mauro and Thiessen
NO: Abbott, Walker
DISPOSITION: The 5' side yard setback variance request denied by
a vote of 4-2.
/ DATED this 12th day of December, 1996.
t Q-
OBERT W ER, C~~ _ Mar o Chapla, ecretary
Board of djustment Board f Adjustment
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-96-40 DATE: December 12, 1996
REQUEST: An application by Ben Schnell for approval of a 5' side yard setback
variance to the 5'' side yard setback requirement to allow the construction of a
9' X 22' carport. The property is zoned Residential-One A and located at 12180
W. 35th Avenue.
Position On Request;
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