The URL can be used to link to this page

Home My WebLink AboutWA-96-43me ary or Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning-arid Development 7500 West 29th Ave., Wheat-Ridge, CO 80033 Phone (303) 237-6944 Applicant Kevin C. Smith _ x(1!15 T,ar^a~ ~~. 377-6633 Address` Phone Owner Sevin C. Smith Address- Same Phone Same Location of request Lot 6, Applewood Reserves Type of action requested (.check one or more of the actions listed below which pertain to your request.) .~ntt n115't2a.PvE Change of zone or zone conditions ® Variance/Waiver Site development-plan approval Nonconforming use change Special use permit ^ Flood.piain special exception Conditional use permit Interpretation of code _ --- Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision ____ Street vacation e Preliminary Miscellaneous plat Final Solid waste landfill/ _ ^ ** See attached procedural guide mineral .extraction permit for specific requirements: ^ Other Detailed Description of-request Structure to lo_t ratio is 26.9 as a quad- raplegic, I require a wider hall ~ arger ro garage for ray-van. iVeighbors do not object. List all_persons_and companies who hold an interest in the desnri_bed real property, as owner, mortgagee; lessee, optionee, etc.- , NAME -_ ADDRES~ PHONE Applewood ieserv~ JV 1.165 Pennsy yania, Ste 103 778-0380 e n~3 eY~-o-8 U ` Austin iomes,_ E. Prentice- -v. e 201, Englewoo CO SO111 77 - I certify that the information and exhibits herewith_submitted are true-.and correct to the best of my knowledge and that in filing. this application, I am acting with the knowledge and consent of those. persons listed above, without whose consent the..x`equ s actior, cannot lawfully be accomplished. Applicants other than ptaners m bmit power-of-attorney from the owner which approved of this act~.o n ]his behalf. ~` ,/ ( i Signature of_ Applica3~t>f~'~ Subscribed and s o me this ~ day of ~r~n8~. 19. 9~ TH E. Q.V,......~9~, '~~ ,NF bhc - ~:~p'ig9..a .• + 1-• My commission expires w"- 27 Dat ~ceivea ; Receipt No. case rvo.__ 9~'•~°Crg~}~.~ o~. co4~'` KEVIN C. SMITH ATTORNEY AT LAW 650 SO. CHERRY STREET, SUITE 820 DENVER, COLORADO 80222 (303) 377-6633 FAX (303) 377-6003 I-800-923-2529 December 18, 1996 Sean McCartney City of Wheat Ridge Planner 2500 W. 29th Avenue Wheat Ridge, CO 80215-6713 RE: Applewood Reserve, Lot No. 6 Dear Mr. McCartney: Enclosed is an administrative process application and a check in the amount of $50 concerning myI(request for an administrative variance regarding the location referenced above. I am also enclosing a copy of a letter which I received from Steve Elkin, the managing partner of Applewood Reserve Joint Venture Group which owns all of the surrounding lots except Lot No. 7. Lot No. 7 is owned by Craig Austin of Austin Signature Homes and his address is 7950 E. Prentice Avenue, Ste 210, Englewood, CO number is 771-2562. Enc.: (Application, Check No.7096) cc: File KCS/rg Hec\house\correa\mccart.l 12/17!96 18:15 FA% To: City of Wheat Ridge ~~~~~~~~ Kevin Smith Fu #: 377-6003 Re: Lot #6, Applewood Reserve Date: December !7, 1996 Fages: I , including this cover sheet We are the note holderlovvner of the neighboring lots (~, 3, 4 and 5) atApplewood Reserve. Pursuant to our discus~on and the review of your site plan, Please be advised That vve have no ~j~n to the fadihat your structure coverage ~ apprnoamathty 27% which is a slight difference from the R- I regula0ore. I am hopeful the Gty will understand and respect your spedfic design needs and grant an approval above the 25% structure coverage which we would support We are very pleased with the qualify plan you and your architect have developed. ff you or the Clty need any additional information please feel free to contact me. col fromthadeslcd_. Slave EI .tdnt 11 egydonia, Stile 103 pvrner, W BD210 303!778-W80 Fez 30.arl/B-029B 1' RECEPTION N0. F0320758 13.19 PG: OOOI-001 743 RECORDED IN JEFFERSON COUNTY COLDRADO 10/25/96 10:40:57 WARRANT Y D E E D THIS DEED, Made this 18TH day of OCTOBER, 1996 between APA Distinctive, Ltd., a Colorado limited partnership Applewood Reserve Joint Venture Group of the County of Jefferson and \~nj State of Colorado, grantor, and Kevin C. Smith and Claudia A. Smith whose legal address is 1005 Lamar St., Lakewood, Colorado 80214 //~~ of the County of Jefferson and State of Colorado, grantees: WITNESS that the grantor for and is consideration of the sum of SEVENTY ONE THOUSAND NINE HUNDRED AND 00/100, ($71,900.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, conve7~ and confira unto the grantees, their heirs and assigns forever, not is tenancy in common but is JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Lot 6, Distinctive Addresses at Applewood, County of Jefferson, State of Colorado also known by street and number as 3230 W. Oak st., Wheat Ridge, Colorado 80033 TOGETHER with all and singular the hereditameats and appurtenances thereunto belonging, or is anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal repressentatives, does covenant, grant, bargain, sad agree to and with the grantees, their heirs sad assigns, that at the time of the unsealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in f®® simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same is manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1996 and subsequent years; except easement e, restrictions, covenants, conditions, reservations and rights of way of record, if any; 6\ ~ Keefe Dncurnaitary Fee ~N $ ~~ ~ 4 O ~ii _.. - _ The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every parson or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed~i, n the date set forth above. Applewood eserve J int Venture Group BY Steph Elken, Joint Venturer APA Dis~~nctive, Ltd., a Colo~p//do limited uas PatriC]t~Koentges, Partner STATE OF COLORADO } ~ } ss. The foregoing instrument was acknowledoed before me o.,..a, yerxecz;-absolute and indefeasible esbaterofinheritaace in law, in fee simple, and has good right, full power and lawful authorit to ~ bargain, sell and convey the same is meaner and form aforesaid, and that thersame are free and clear from all Former and other greats, bargains, SaleB, li@as, taxes, assessments, encumbraaces and restrictions of whatever kind or nature soever, except general taxes for 1996 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; i~ ~~ ~D ~ ' ° gate Y)ncurnentarY Fee N ~~ ~/ ( /'~ $ l~I-1 ~ O ~- y The grantor shall sad will WARRANT AND FOREVER DEFEND the above-bargained premises ~.n the quietryaPer$oacoabl® possession of the grantees, their heirs and assigns, against all sad eve persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed~n the date set forth above. APA Dis Applewood eserve J int venture croup a Colo BY Steph i Elken, Joint Venturer gy Pa tive,, Ltd. , limited pax antgea, Partner STATE OF COLORADO } ~ `~" } ss. The foregoing instrument was acknowledged before me County of Jefferson } this 18TH day of OCTOBER, 1996 by APA Distinctive, Ltd., a Colorado limited partnership by Patrick Koentges, Partner and Applewood Reserve Joint Venture Group by Stephen F. Elken, Joint Venturer ANGELIQUE D. DAVEY NOTARY PUBLIC STATE OF COLORADO IVty pbmmippiC~i (%AIY9Y Gt%10/kI~OD No. 921A. Rev. 3-86 Witne a my hand and official seal. My co~unissioyy expires I`jlv~ZfJ6C~ \/ `,J I~CARY PUBLIC 3700 E. Alame Ave Suite 340 Denver, COLORADO 80209 ,~ 213 ~C~/lam DEC-23-1996 23=43 ""Rl1STIN SIGNRTURE HOD1E5 3037712853 P.01 ___- To: City of Wheat Ridge From: Craig Austin Austin Signature Homes Date: December 23, 1996 Pages: 1 Re: Variance on Lot #6, Applewood Reserve As the owner of Lot 7 at Applewood Reserve, we ;tiavc no objection to all ^~,- a variance for the structural coverage on Lot 6. Please feel to contact me ifyou have any questions. 7950 E. Prentice Avenue, Suite 201 • Englewood, Colorado 80111 • (303) 771-2562 • Fax (303) 771-2858 TOTRL P.01 a. r' KEVIN C. SMITH ATTORNEY AT LAW 650 SO. CHERRY STREET, SUITE 820 DENVER, COLORADO 80222 (303)377-6633 FAX (303)377-6003 I-800-923-2529 December 23, 1996 Sean McCartney City of Wheat Ridge Planner 2500 W. 29th Avenue Wheat Ridge, CO 80215-6713 RE: Applewood Reserve, Lot No. & (3230 Oak Street, Wheat Ridge, CO 80033) Dear Mr. McCartney: This letter updates a letter mailed to you dated December 18, 1996 wherein I enclosed my Process Application and check. The instructions for the Application indicate that you wish to have specific information. I will be giving it to you in this letter. This letter should therefore, supplement my December 18, 1996 request. My request should include: 1. Administrative Process Application; and 2. A $50 filing fee was mailed December 18, 1996; 3. A copy of the deed was hand-delivered on December 20, 1996; 4. A subdivision survey and a site plan are on file at the Building Department. 5. The variance proposal consists of the original building plans which require 26.9% of the lot to be used as structure; 6. Applewood Reserve Joint Venture Group has stated in a letter dated December 17, 1996 that they do not object. The only other adjoining property owner, Craig Austin of Austin Signature Homes has stated that they do not object. I would like to describe in greater detail the reason I am requesting this waiver. I am a quadriplegic and I have special needs that necessitate generous construction area for wider }7allways, doorways, larger rooms, a larger garage to fit my tlheelchair van. Most of my rooms must be on the first level. f .~ r Page Two/Smith/NcCartney/RE: Applewood Reserve, Lot 6 My architect and my builder have discussed the plans and we are unable to reduce the plan to Dome into compliance with the 25% ratio. If we were forced to do this, it would not be accessible. The subdivision has previous waived the side load garage requirement that exists in the covenants so that I may get my large wheelchair van into the garage. I hope you can also grant me a variance so .that I may obtain an accessible home in your wonderful City where I have always wanted to live. I look forward to hearing frgln-~oy~~1you have any questions. cc: File KCS/rg kcs\house\coxres\mccax~t.2 ~ELKCO December 30, 1996 REAL ESTATE DEVELOPMENT INVESTMENTS MANAGEMENT Planning Division and Zoning Administrator City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 Ladies and Gent)'~men: Case # WA-96-43 As a member of Applewood Reserve Joint Venture, the developing entity of the subdivision the subject property is located in, please use this letter as our notice of support for this minor arlminictrative amendment. We have had an opportunity to review Mr. Smith's plans and find them of superior quality in design as well as building materials used. It is our understanding also that the xnain reason for this request is because the dimensions for gazage size and maneuvering areas inside the home are necessary to allow Mr. Smith the proper space for his wheelchair, specialized van and lift, and specific needs of his condition; we encourage your support and look forward to Mr. and Mrs. Smith's addition to our neighborhood. Very truly yours, F. Elken Partner, Applewood 1165 S_ Pennsylvania St. Denver, CO 80210-1530 303 778-0380 FAX 303 744-1174 __ SRN-03-1997 06 05 FROM Thursday, January 02, 1997 Pat Andrews 3270 Nelson St Wheat Ridge, CO 80033 To: Sean McCartney Office: Z35-2852 Pax: 235-2857 TO 2352857 P.01 Re: Request for zoning variance for 3230 Oak St. Wheat Ridge in the Appiewood Reserve Deyeiopment I live directly across &nm tffis development There 28 houses planned for this development. Presently only a them sre a hand full of houses under cottsttuciion, the remainder is stilt vacant lots. As per the request; the owner of 3230 Oak St is a quadriplegic and needs larger hallways, Larger rooms, and a larger garage then nomtal to accommodate lus special needs. Apparently, he is asking for a minimal variance. This is obviously an extreme situations, and under the circumstances, I wouldn't abject However, T would not want this to set a precedence for the other houses that are manned to be built in tl+; develooraem Regards, Pat Andrews T~TRL P.01 Memorandum To: Case File From: Sean McCartney O Y" Date: January 7, 1997 Subject: Request for approval of a 26.9% Maximum Building Coverage variance, to the 25% Maximum Building Coverage requirement. Case No. WA-96-43 is a request'for approval of a 26.9% Maximum Building Coverage variance, to the 25% Maximum Building Coverage requirement to allow for the construction of a new single-family residential dwelling for property zoned Residential- One and located at 3230 Oak Street. According to section 26-10 (F) of the Wheat Ridge Code of Laws, structures built in the Residential-One zone district must maintain a Maximum Building Coverage of 25%°. Because the request is for a variance of less than 10%, known as a minor variance, section 26-6 (2)(a) of the Wheat Ridge Code of Laws states that the zoning administrator is empowered to decide upon application for minor variances. Pertaining to the findings of fact, staff concludes that approval of this minor variance will not be detrimental to the neighborhood character, nor will it be harmful to the public's health, safety and welfare.- The applicant is a quadriplegic and believes his need for larger than normal doors, hallways and garage space for his van, qualifies himself as a hardship. The case has met the 10 day required notice and has met all other legal requirements. During the posting period, staff received one phone call in opposition to the request. In accordance to the above information, and although a registered complaint was received, staff recommends approval of case no. WA-96-43. ~~ L~,~w~-2~ '~ Z~-bCD)C~+) ~ ~ ~. i 7500 West 29th Avenue -Wheat Ridge, Colorado Telephone 303/ 237-6944 .The City of Wheat Ridge This is to inform you that Case No. WA-96-43 which is a request forgo Administrative amendment of a 70% lot area variance for a proposed development in the Residential-One zone district for property located at 3230 Oak Street will be heard by the Wheat Ridge Zoning Administrator. As an area resident or interested party, you have the right to submit written comments. It shall be the applicant's responsibility to notify any other persons. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION 1 __ ~ A P 9-60 413 545 V 7J ~ 1•• Kj ~ ~ AR W W y n a 5 m c z m -°{ ~ K ~ ~ o€s o ~~ ~ ms > ~y CS ~ h7 s s„ ~ - ~ ° gE m ~+ Sg m m o0 C Q7 ~ vm ~ n m~ ~ ~ ~ ~ ~ ~o m ~ ~ g ~{ jjyy > Z p N ~ V - e • b N o A rt w ~' € 9 /^ V' L. ~ 1 9 ~ 9 ... - ai ~ ~ n~> s~ n ... - ..- v X ~ ~ ~ _ p ~ m m ~ '~ n j ~{ 6 ~ Q ~ . ~ '_ ° ww~~ Su ~ m ~ ~ ~ _9 ~ R - W ~ L'. ~ n ~ S ~~ m `~ 9 10 ~: ~ ~ R ~ Go i ~ ~. c0 ~ ..~.~ _ ~ ~ n ~ i....- - ~ .G. x 3 ~= a'~ H3A1N~ ~ ~ ~ ~ ~~ ~ -' _ ;y ~ a ~ r -._ F m m ~ 6 m a ga ° D ~ ~ ~ < ~ ~o ~ <. IV ~ ~' ~ ~ N ,~ Z [~ f _ O m m ¢ ~ ~ ~ ~ ~ a < F. m O.m °i ~` ~ '17 L~ W w ~ y m~ o - a ~ Ri v ~ , y o ~ ~ ~ m n ~ a `~ m ~ a m ~ N ~ N .K.S N y y N I ~_ -- , ---~- _ .. .. _ _._ i _P.96~ 413 546 -p ~ --(p m m m ~ ~ Z a ~ -i W H ~ ~ ~ O n v m ti ~ G1 ~ Ii ~'~` Q ~ ¢ m = 8 N n d o a~ ~ o ~ +~ + g m o $ ~ ^y $ g OZ m * C3 ~ V A ~~ ~ ~ Pm ~ ~ ~ z y N n z ~ m o m om I w N 4 ~< ~ °~ K4 l ~ y y y ~ ~ w 'z • • • •y ~g-s~'z fl 9 T ~ 0 '1 . s.. n •• ° a ° ~ 1 i Q .~ ~ . . ' Ni ~ m 6 O O £ ~ ~ 'C "' .°. . .. ~ ~ ~ , F o ~ moo ` m ~ S' ~ n ~: ..L ~ a' ~ g ~~ ~' ~ H ~ ° 3 ^~ o ~~ a ~ ~ a g ~ ~ - ~ ~ Q ~ a g n ° ~ 2 m ' D D ,yy, ~ ~. y v ~ o ~ ~ N ~_ ~ ~ Z C7 N ~ F . ~ ~ B y O m ~ ~ ~ ° 6 ~ ^ ^ 0 ~ o ~ ¢ ( ` N p a~ y Q ,, ~ ~G ~ SI ~ ~ N Q 'O N ¢ < ~ ~ 77 m N - j~ L~ W n m m ~ ~ ° ~ c o n m o m " ~ oy a~ (D ~ Ln m y m m ~O ~ ~ r ° m °~ ' m ~ x ~ ~ s 4 N W 'V N .~.. dr.4 PPPj >3y I~Yltt ~~tlt^~k ~'o~ YaRI~s,Jc~ ~ 'ft-~E ~~ % rbdh T3c~ ~~ 42C"P~ a=rJ02 Pc~Ot~' 2raN~ ~°' 1 c'>'u~ . ,,, i,'~~~, _....,. ~~,. CtiC I~.~=ti1~ va 5M_1~.~ r I~ ~,{ _..... ~.. ~ Li _...., 2 3 Z Z°t `~ Z ------------------------------- ---_