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WA-96-5
me c;ry or ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department o£ Planning and Development g 7500 West-?9th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~RN2- ~ • ~~T•7~'Y~Address i-Jd~~ Re~~ s-~t- . Phone Z2-23Z ~ ,,,c ress !~ ~o I~¢~- S'C'. Phone ~L2-Z-3z Owner °'~ )2 U C4 C~ ~ fiJv~d r.. e ~ ,TNY~f+~~ of request ~ D Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision B Preliminary Final (] ** See attached procedural .guide for specific requirements. Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code. Zone line modification Public-Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other _<' 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 of those-persons listed above, without whose consent the requested actior, cannot lawfully be accomplished.. Applicants other than owners must submit power-o£-attorney from the owner which approved o£ this action on~his behalf. Signature o£ Applicant. ~`L' u -. - . ' ed and sworn to me th' ~~"~ day of 19 ~E~°...._~'Utp ,, ~.. ~ ~ ~. Fyr :Grp - ~, q ~ ., Notary Public °' ~~ `p ~ C~. r. SAL ~ r< ~n; , My commission .expires ~(~c0.3'~h - ~'~• ; ~ ~~ a ~.. 1 Da ~`F' cei• ~ ~ ~ Receipt No. / 3) Case No. ,.- List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. r f ,. '~ • :I GILLAN'S ENGINEERING, INC. ~ -'G~ 5126 W. 38th AVE. DENVER, CO 80212 3031480.0471 IMPROVEMENT LOCATION CERTIFICATE Address: 4080 REED ST Puyer•: MC INTYRE Title search by: FIRST AMERICAN HERITAGE TITLE CO Cawwitwent na.. HS2010C Legal Deaaript.ian: TRACT 1. UPLAND ACRES PEING A PART OF A SUPIIIVISIOH OF THE NORTH 1/2 OF THE EAST 1/2 CIF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1t4 OF SECTION 23, TOMNSHIP 3 SGUTH, RANGE E9 HEST OF 7HE 6TH PRINCIPAL NERIDIAN. COUNTY OF TEFFERSOH, STATE OF COLORADO. 9c~ . o IT 13 HEREBY, CERTIFIED THAT THE ABOVE DESCRIBED PROPERTY 2s Nv7" r LOCATED WITHIN A 100 YEAR FLOOD HAZARD BOUNDARY INACCOROANCE •~ WITH THE CURRENT HUD FEDERAL N ADMIN. FLOOD HAZARD BOUNDARY MAPS DATEU a" `~' S $ - b 85079 novSC MAPNo, s l ZONE C W ul ¢ nl f 3 ~ v ~ ` ^ ~° ,Z= -Q I I^_~~ 3 `f sz d tt• ~ d- ) Srvl~Y - I d' M h _( ° ko S E ~ ° ~ N ~t• ¢oeo 1- w } Ito O( ~'~= I Nt M I fll I I 1.+:l a{ l l '~- J~ ~ ~ _, I M SGALE I" =LOS . I..~ ~"I wi a~ 1`f% Zos sl FFAME vI a 6~DCa. 0 ~ N zos , ~~t~, ~~ ~'~ I d- M F~ - N ~ ~ is , .r; I 9D . t7 `'" .. . I hereby certify that this improvement location certificate was prepared for HIGHLIHE MORTGAGE AHD FIRST ANERICAH HERITAGE TITLE Cdlhat it is no[ a Land Survey Plat or improvement Survey Plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. I further certify that the improvements on the above described parcel on this date, except utility connections and fences, are entirely within the boundaries of xcepTll;!lshown, that thereare no encroachments upon the described premises by improvements o ~al~b~h ises, except as indicated,andthatthere is no apparent evidence or sign of any easementcros s y~~~ ~ rtofsaid parcel, except as noted. ~ ~ ~ ~9y ~p Jah Ncti.: 1992-6Ci Fees S 65.00 ~_ GILLAN'S ENGINEERING, _ Engineering _G_ Surveying 5126 W. 38TH AVENUE DENVER, CO 80212 3031480-0471 ~~ ,. CIVIL, SUBDIVISION PLANNING & SURVEYING RING DEAR BORROWER; GILLAN'S ENGINEERING, INC. COMPLETED AN IMPROVEMENT LOCATION CERTIFICATE FOR YOUR PROPERTY AS SHOWN ON THE OPPOSITE SIDE OCLOSING/TRANSFERTPROCE5SOWASNORDEREDIBYTYOUREMORTGAGEE COMPANY. IN ORDER TO PROVIDE A CERTIFICATE, A MEMBER OF OUR STAFF WALKED YOUR SITE, NOTING THE EXISTENCE OF ALL STRUCTURES AND OTHER IMPROVEMENTS AND MEASURING THEIR PLAN VIEW SIZES AND ANDADRAFTEDTIN OURUOFFICESEINTOPARFORMALTCERTIFICATESCRIPTION THE IMPROVEMENT LOCATION C:ERTIFIGATE IS NOT A BOUNDARY ("PIN") SURVEY AS THE PUBLIC SOMETIMES EXPECTS. A LAND SURVEY WOULD ENTAIL BRINGING OUR SURVEYING THEODOLITE/ELECTRONIC DISTANCE METER T^ THE PROPERTY, MEASURING ANGLES AND DISTANCES FROM KNOWN MONUMENTS, OBSERVING PROPERTY BOUNDARIES AND SETTING PROPERTY CORNERS. GILLAN'S ENGINEERING HAS SEEN IN BUSINESS FOR OVER NINE YEARS. WE MAINTAIN A HIGH PERGENTAGE OF REPEAT BUSINESS BY PROVIDING LOCATION CERTIFICATES CONSCIENTIOUSLY, QUICKLY AND INEXPENSIVELY. ALL IMPROVEMENT LOCATION CERTIFICATES ARE PREPAREL) IN ACCORDANCE WITH THE STATE OF COLORADO STATllTES. FREE TOHCALLFTHEHDIRECTORIOFSOUROSURaEYINGRDEPARTMENTFEEL OUR-FIRM CONDUCTS A FllLL RANGE OF ENGINEERING AND SURVEYING SERVICES. SHOULD THE NEED ARISE, WE WOllLD APPRECIATE THE OPPORTUNITY TO PERFORM FOLLOW-UP WORK FOR YOU. EXAMPLES ARE CIVIL ENGINEERING TO RESOLVE DRAINAGE PROBLEMS, STRUCTURAL INSPECTIONS FOR POST-CONSTRUCTION PROBLEMS IN YOUR HOUSE AND LAND SURVEYS. THANK YOU FOR THIS OPPORTUNITY TO SERVE YOU. GILLAN'S ENGINEERING, INC. R N ~ I M z J a ~ ~ C 1 I I O o S ~ ~ I i ~ ~ C ~ C V] s ~ : o . ,~ ~ ~ n r' ~ 5 e~ _ ~ t c' ~ C Q '~ CZ Q C A y ~ y `^ r 7J z o i • a rt ' a ~ c a o c ~ ~ 'i m M n _ `C S c c C y u. r. _ ~ D _ v ~ ~ I I i I a ~ M y d y H 0 F9 C~7 z 0 O cu ~~ ~~ ~ :.~'\Q Q -~ ~ C~ n C7 Li.1 f' O Recorded ~~ Reception . o'clock- M. - 1'HISDEED, Made this 28th dayot December 19 88' between RAYMOND P. McNULTY, AS THE SURVIVING JOINT TENANT OF MILDRED N. McNULTY RECOI'tUEl7 TN CQUNTY OP" JU.FF'E::RSON ;~rr~'rr•_ of L"OL01'iADp RECF_PTIUN NO. f34d•1264:.49,.7q '12/3U/8U '1 k c 25 „ of the . County of Jefferson and State of Colorado, of the first part, and BRUCE GENE McINTYRE and ERNA LUCY McINTYRE whose tegal address is 4080 Reed Street, Wheat Ridge, Colorado of the County of Jefferson - and State of Colorado, otthe second part: WITNESSETH, that the said party of the first part, for and in consideration of the sum of $67 > 000.00 ---r------DOLLARS SIXTY SEVEN THOUSAND AND NO/100-----------------__--- and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the Collowing described lot or parcel of County of Jefferson and State of Colorado, to wit: land, situate, lying and being in the TRACT 1, UPLAND ACRES, BEING A PART OF A SUBDIVISION OF THE NORTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. also known as street and number 4080 Reed Street, Wheat Ridge, Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining 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 said party of the first part, either in law or equity, of, in and to the above bargained premises, with Lhe hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and Corm aforesaid, and that the same are free and clear lrom all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or naturesoever,except general taxes for 1988 and subsequent years; except easements, rights-of-way, reservations, restrictions and protectiv covenants apparent or of record, if any; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the fist part shall and will WARRANT nd D FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any g shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto suet his hand and~s(egl the d y and year first above written. ~~Y+~c'~-'T'e ~ ~~' ~~~""".% / ~~ ~~~~ `~ .. _ - - ~ ~ •~ ~ yL .L~,fc1 •2.- tSEALI Signed, Sealed.all~ Delivered in the Presence of Raymond r McNulty, by Joi eph A. •1 ~ !?~; .;, McNulty- his attorney in fact iSEALI .. h'. ~ ~~~ "r, ~ .. ~ .. ~SEALI - - :.n a ~ .~ ,. ~, ,' hA' . .' r,,,t . ~.. ~. -t^s` _~,;,~n.s.',~.r"T,~TE,.OFCOLORADO ~" -~ ~ ~~''~ County of Jefferson The foregoing instrument was acknowledged before methis 28th day of December ,1988, by Joseph A. McNulty, attorney in fact for Raymond P. McNulty. My Commission expires NO.921A. WARRANTY DEED. 7oJoivlTenanta.- August 4. ,19 90 .Witness my hand and official seal. . 2_s V ~~z /(`~ ~ 134 Union Blvd., ~P120, Lakewood, CPo /a ~a.~/n• ~. a ___ _ _ 4 C ~ ~ I,S r°'1 Yom} G i u r• s Y . I _ , N. ~.L._._ .:i u, I ,y, . e,: j C_i 1'1 ~ ~ ~ L ' + ~:1^. i J A. •- C.: G` 1d r ^ L 'C` b] W -0. r+:~ V'~ Q7 .k. Ck .. 4-a. Y t-` r . -, '^, \. . .J ~i v •. C ~.". Y"..i \I ~`•.. 1'.~i G11 x~ l".. ~~,x ~:1 nJ_ ~• ~ 1 .. :: 1•L ~ ... Y A"1 !Y 1 i... -C fr'1 .~':; _ 1 SFI ETA 1 J . - `~. .. r CS . s '~ ~ ~-.~ 2~ '.::~ S i .A. tir K ti ~ ~ . l 1+"? r n Y }. .. j ~ \~ ~ . 63 r.-, ^. tir D,J G-. '• 1-+ 1~ ~ G ~ -~ '' CCi t',S J:n V'•f L.1~ :lY '"`: r r /° r F..t r..e - u ~ ". _., r~~ r / 1 Lry O~ ~ y ~+r ' // . ^ [ h.. k 1 ~l' 2s, ITI _• S (4 Y Q 4:'~ 4rl ... , ll~ IT ~ G L `s ` j ~ ' C.L C..r ,,S~ `. r' -L. I^' . IGj 1"s als Y Y . `ry ~ ^ .._ .'y~3~E r1 :-v , 1 .,' ~r11- Ih1 p .-+ - 0 (~ w s6 .!A Z~ Y.t ... ,~ tl ~55 ~ ~ ::1 ~~' Y' ~ ~~l ,l' ~ g 1. ~ n n .t 4:. 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F _ - lal"~ sil I . -ir - - : ~~ :.. ;y „~ i~Gi `v'._. _`.~ti`%r_` 1 ~ 1• t r ~ _ - I - - `y 1 - f , ~ of mom anv=a wry tin, ..:wrz m ua wu saw. x~m ~ra~ ~ne ~di~aprc ry ~an'n i ~ mp'e svn nab aWm~+~ro ~ mm. ~ ' -~d~!. -'~ [ ' ~ t:, CL{STOMER SIGNATURE Gt1ST ~NER CC3PY ~- /9, 1 PG<1]IS _. __ _ ,. 1 .. A ~~ h. F?F.'7;'TTG i =,~;~?? -?iQGIFi_i i_T _uA 1`y1G's ... ' ac_r - ~ Clv /1 Yr~l ._ _ _. t _ _,n_r, _ 4NitTillLil ^~~n- ' ;~~: TF~gTnrs s,,sz; 1 f_,ai ,~,~ zs_8;r Ts FP=f.T r;?n h'j ,'S'1~1 y jCrC;.t~l t_"t _i?ir T_(iF' `n'G;Tt :ys C . ~iY ,6,1}N _i5?.II ~:{lf it iC 4 9fi L ®~ ~ -?;~ !=~.TE rnuyF~ M` ' ire:meo, wnn uK h~o,. can. u ~, ~~o s ~ 1`h^e~ r ', ;? iBrs;Trtt~ yetarl .COPY r; .^'i ~~, ~ 1:98 ?: ^n T 1=1.1 r.~ .. _. a3 i. CC T 7 _ Y- , ;rr{ _. r~n_('Gr/n 4rn __ 3 ,.~.-. LOADNG T~~KG j ~}a~~f ~' i1 ~ if ~I ~~~ ~~ ~~ ~' 1 ( '. I~ ~i .. _ n:,'t .., 'rte ~' pDF133 (3!901 e ~ -_- `• _ .Q ER ;p ~.pADING. • ~ ~~~ EGIS'fER ~CKOUT. I 1 ~ YO V _ _ ~ .. .. I RTN. MDSE. sd~da oare«. ^ ^ ^ ^ ^ ^ SUBTOTAL ^ ^ February 13, 1996 To Whom_It May Concern:_, -CIN ~j` ~t"-,~ ^~p1n~ U ~r - ~` j J Fem.- ... ~ ~;w~LOPN This letter is in reference to a five foot chain link fence _ enclosing the yard of Mr. and Mrs. McIntyre on-the northwest corner o£ 41st., and Reed Streets in Wheat Ridge. The above mentioned fence has been in this place for almost five years. As far as w~ are concerned, the sole purpose of this fence is to protect the McIntyre's property, and to protect passing children from the McIntyre's dog, which of necessity, is often in the yard. We are nearby neighbors of-the Mclntyre's. In no ,way has this fence been an eye sore, or has blocked our vision while driving, and we have passed this corner countless times. The McIntyre's property has improved immensely since they have been living there, and we are happy to have them in the neighborhood. Sincerely, Bi11_and Susan Simms_ 4130 Reed Street Wheat Ridge, CO February 10, 1996 ALICE MEALMAN 4110 REED ST. WHEAT RIDGE, CO 80033 PHONE: 424-1687 I'iY Ot Wr,ERT RIDGC ~~r~n n~ FED 1 ~ iS9~ '' L~ ~- ~, . ~,~~ u PlANNLNG & DEVELOPMENT City of Wheat Ridge Department of Planning Board of Adjustments RE: CASE WA-96-5 McIntyre This letter is in regard to the situation of a 5' chain link fence located on the property of Mr. ~ Mrs. McIntyre property on the corner of 41st and Reed Street. It is my understanding that possibly they may have to lower that fence. It is greatly appreciated that the City of Wheat Ridge in endeavoring to keep the city safety regulations and preserve the outstanding record of our city that we have experienced in past years. As we all know that excellant rating has decreased in recent years. However, it is my feeling and understanding that is due to the violance and crime. The property in question had previously been owned by the McNulty's who were probably in their 80's ahd were unable to physically and financially maintain the property as they did in their younger years. I have been at my location for 37 years now, which is two houses north of the property in question. My feeling on this matter, if you will accept my input on it, is almost shocked at tFie .situation. The previous fence standing, when the McIntyre's purchased the home, was that the fence was deteriorated and needed to be replaced. It is my understanding that the city was contacted before erecting that fence, and were not told of any violation to it. The chain link fence put up by the McIntyre's is attractive, NOT obstructing view, free of landscaping bushes or trees that could obstruct view, and in no manner in my openion is a hazard to traffic or individuals crossing that intersection. Overall the property has been so tremendously improved, and well kept by the McIntyre's, I feel it has been a great asset to this area. Therefore, I plead with the board members to continue the good work for the City of Wheat Ridge, but rather than penalize those in good standing hot causing a problem, to concentrate on those areas that do exist, which are truly problems for safety, and thereby ruling fiavorably for the McIntyre's. Respectfully yours, f/.b~21_1 n ~/~~7/. Alice Mealma -. ~ ~~~'~t ~~ ~.~~~ _ ~~ ~~' ~~ ~ c~~ ~ ~~J __ ~qy ~y~~t~(~, ap~aE;~i ~.. ~~.~~ ~~ c~' ~ ` ~~~.~, ~~~ ~~~~ ~ C ~ - ~~~-~~ ,~ ct~- ~ ~~ ~.~~~-~ ~L~~~ ~ ~~ ~ V % ~ pf ~,• ~ cif' C-y~i ~~~~~ ~+7`f OF WHAT R1©GF. _ ~~ L PMEN~ ~~~~ ~~a~~ - ~ ~~ ~~~~ LJ~~ /~.r~~ (~O ~od33 ~~ ~ yaxa ~ ~ S~, 7~ ~~ ~L~ c~ ~ c~-c:c~ u~ 1 /-w ~ o u d-z~vc ( C 6~-~-~- ~ ~..~~ Yom- ~-~ ~--,- ,b ~S ~ . j~~~~~~.ti ~- ~o_uY'¢vicJL11 ~c.Ely ---- - - - - ~{TY ~E W; - -- ---_ __ - PLANNING & DEVELOPMENT q -1 ,~ - l/JCS -- n ~'~~ `~ -- - ~_~~_ 0. ~~Q :-: ~~.'i` =(nom-_.~_ _ ..~_. __ -_ __ ~?~~.__..~-d- . ~-~ ^,~~~. ~, - t(~«_- ------ { t~ _--~-;--1 ~ ~ - - - 0~~~ per,./' ~L j 'f~ AREP. ~-G1Vi1ZZTG SITC P;~N A-'1~0`/AL ~~ 2~ +z_ tJo~jf V ~~1y~G ~1~/P~ V/~/n _o,= ~~:~-R ~- ~o~~e~ ...~°'°~~'"`-~~ .. ~ .. .. o x roa w >~ '~ ~!1 1~~]~T ~I D11~ ~--. PARGcii.Oi 30UNDRY .nc+« . /~' //^'~/ /'~ j~ ;DSIGNA ~5 OWi IR25ti °i ~^~ ~./V LQRt'~DD f DEC' ~ i=5 MULTI?LC A.DpRC55C.~ SGA~E i~.400 MA? ADO?Y7 pure 'S, !99k ~ - -_- -_ Lcsc Revision: Jcn~ary 13, 1995 _ _ _ __ _ _ _ _ __ _ ~ti¢rrr3,* o- asmlus nND r_v_oPre+r - ~~zesz __ ~ `: _ c~ ~ m m ' N n ~ < 4 n Y o` + ~ N °'1 .V ~ ~ r, 0 n 43RD .i1'~ i l 1 N ~I ~ w O, i O ~ OI q ~ i N v I. /Aye '/ M 51 i ~ ~ ~I~ I s~ rv ~, n) r- ~ ~ r. f' r. ~ O I Y,~ .. 0 0 N OI J '~ _ "' 42ND /NE Y ~ N 0 ~ I I °i ~' ^ ~ O Y ~ til f, f, f, .. ~. I a~ . +( I f • ~~rr++ 4 r ~• I ' r b I w 39Try RVE ice.-~-RT 1ZILx7i U..a~-Z J rn O T O n o ~ Q n N T ~ OC i ~ v o, - '' z . N s ~ _ ~ n vs ~[ 0 0 ~ n rn "~ SE 3 3895 :.&H~J 'BES 3876 i 366 38oQ 38fi5 3856 3855 3Ai6 .i:::.`. JJ 383a 3933 i ~ ~ I an; m w ' a . a ~ ~ w Q I Its a a u) O ~ ~ O v 'n v '+ g n a° U i o N :r. N M ! M ' ° 3915 o ~ 396. .i85J 3895 -?~ 3893 -/ 3885 387 3E5C 3EL5 3856 3855 ''''~~'' 3EcaG ~ 38s5 383J 1 383'. 3836 F.825 I ~' l ~~ p ~ a w ~ z ~: ~ 'N1 W v _-~ ~- ;--r--f , r ~ , i- NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before_the Wheat Ridge Board of Adjustment on February 22, 1996, at 7:30 p.m., at 7500 .West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are_invited to speak at the public hearing or submit written comments. The. following petitions shall be heard. 1. Case No. WA-96-5; An application by Erna McIntyre for a .. variance to allow a 5'_fence within. the front yard setback and sight distance triangle for property zoned Residential- Two and located at 4080-Reed Street. _ - 2. Case No. TUP-96-1c An application by, Loyd Volgamore for_the- approval of a Temporary Use Permit to allow the keeping of four. (4) dogs on property zoned Residential-Two and located at 4270 Garland Street. Mary C apla, Secret ry Wanda Sang, City Clerk To-be published: February 8,1996 Jefferson Sentinel r4 -_ _c tvES- _~T= avENUE The Ciiy of = ~. EOX c 5 :.,EAT niDGE. ~Q 80C3=-_335 3031 234-59CC cWheat ;, :y Aom~r. Faz = 234-592_ ~cvice Ecpr. Fax r 235-2949 Ridge POSTING CERTIFICATION CASE NO. l-U ~ ~ ~ ~ LAS PLANNING COMMISSION - CITY COUNCIL - BOARD OF. ADJUSTMENT (Circle One) HEARING DATE: I, ~kitlA L, residing at ~O~o n a m e a d d r e s as the applicant for Case No. ~/~'9~'~S hereby certify that I have posted the Notice of Public Hearing at o ~c $ t i o n on this d day of ~~~~f /}2~ 19 9~' and do hereby certify that ,said sign has'been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: ~ ~/°"' ~~ ~i NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file ,at the Department of Planning and Development. <pc>postingcert rev. 05-19-94 Z-ZZ-g1~ ~lw~ye€ M A P ~~~~ ~ V S ~ ~ Si9N ~ CaciN9 '~~ ~ .a. ,~.i1'-}- ~~4 P.O. BOX 638 _ _ TELEPHONE: 303/237-6944 _ The Clty Of 7500 WEST 29TH AVENUE Wf~EAT RIDGE, COLORADO 80033 cWheat Ridge February 12, 1996 This is to inform ou that- Case No. WA-96-5 which is a request y for approval of a variance to allow a 5 foot fence • . in the front yard and ~n the y ~.. :. b sight triangle in a Residential-Two zone district for property located at 4080 Reed Street 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 February 22, 1996 ~, All owners and/or their- legal .counsel. of the parcel under consideration,mus 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 "TIZ<~ Ccrrnati,on City" _. ~; ='r'„ ~ ~, I ~~~.~ =~. _ ~,~ ~y;C~tC s" ' nn ~ `~' ca [['~ m a2S ~i`_i !SS ~ 67 c~~yJ Li.. JJJ $ ~ ~ ~ Z ~~ v c4 0 ~ < ~ w +~ o ; LL FI O o~ ~ o ,'~~' ,~~7 0~ w w o$ ~ ~ {~~5 Q~Q ~ a ~~Q U r O M O LL a 6ZE 2~fi 2'C6 d 0 w ^ w o a o A, y~ W = U O ~//~~ ~ ~ V1! N c7 ~ ~~ , ~ b m ~'"~~ r 3 !'~ ~ ~ j ~ o ~ G 3 Ntl(ll3tl dO lH~Jltl 3H1 ~~ d01 ltl tl3JI~LLS 3~nld ilNtlltlOdWl i I - -- _ ~- . - -,--,t,.. ~ ~ s_ -- _ - ~.~ ~ (n o~{ s~333m S= ~ ~ J I ~~m D, ~mOA ~ ~- ~ ~ P 912 431 377 j _ -~ '~__' '~ I w ~ ~ a: ! - ~ ~ N paa ~~N k ~ m~.,~..~p7 1 1 ~ t` G7 3 - m o gnu y ... 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PLACE STICKER AT TOP OF ENVELOPE TO l 912 401 380 Cn ~ m m ~ U) m m m m_ c I'1'1 n -i T -i m~ a Z ~ 9 x 7] ~ I O W (may, ~ I ~4, ~ ~ CO A. o n Qa8v ~ QLe~y jµ. o m paU o° }A r~ m~ D I P MM t^' ~ 2 r ~ mE D m ~ k9 ~' <__ - n ~~4 A ~ z~ ~ o NO ~ ~ z v'~+ o p T ~ _ I m n m Q n m ~_ m W m c~ m -n O n m 1 T m v n r O W O O 4 >~ w y z z ,~ r fT z~ `" z a m~ ~ iS o N n~ ~'F`. mm ~ c~f~ =m = y y ~ n y ~'y 3~ I .".¢ sm .~ o I ~ ~I I{°'.+ o C i.i P 9/12 401 383 y m a ' Z '~ ~ ~ i m ~ STICKER AT TOP ~HT OF RETURN O j rs .Rs ~ GS~~1 {p 4 _ i~~~ !F ~ ~ o n of a o ' ~ f-+!j ~ '~ sQ r - c m y; ~ ~ a= a =~ o m <g ~ K N a?~Cp C y y 9 ~ ~ 4Ns Sy ~rt ~y y p CI9n 1 I ~ V ~ Y 9 W ~ ; O o r 9 M • ` T O ~ ` ':7i PLACE THE RIB 9 O 9 OF ENVELOPE TO \DORESS. ~_ ~_ H [r f{~ NVELOPE TO E_` ESS. -v n ~9~~ I No < !- o ~~ 1 m m o0 a a =; 1 m <o ~ ~- y n a 9 OL I ~y ~`[. ~~ t OF ENVELOPE TO ADDRESS. y~ ~ 34 ~ •~~Q •~~M m ~~no~oa~ per. c~~~y m `mN °cmm ~~ ~~~ ado ~~~ ~~3 m~ <.o nna 9A~ n ~w°4 E~~ Nw^~ 3$°- °Pd •~~~~~~N ~~~€880 ams _~9a .a. ~mm.. a~O ~~h ~~3 w~ ~p~ ~~~ q~a~~~g= 3~ m ~'~? ~N9 a~0 ~~~ na3 Tp 0_ d~~ ~na~ F'N~ ~PoN QO ~~s o v r~o>~xnrn~s TO: FROM: DATE: SUBJE(,'T: Approved Date Susan Ellis, Code Enforcement Officepr II Steve Nguyen, Traffic Engineer SN February 20, 1996 Existing chain link at the southeast corner of 41st Avenue and Reed Street Per your request, I have made a field visit to the above location to check the sight distance at this corner with respect to the fence. Based on my observation, the existing chain link fence height is well above the driver eye height. I can somewhat sight traffic through it. There are some bushes/plants inside the fence that potentially will obstruct the sight line when leaves grow. Since this intersection is experiencing heavy school pedestrian activity everyday, it is important to keep the sight distance triangle cleaz from any obstructions. Thus, I suggest that the fence be brought to compliance of the City Codes. Please see me if you have questions regazding this memo. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT. DATE OF MEETING: February 22, 1996 DATE PREPARED: February 13,96 CASE NO. & NAME: WA-96-O5/McIntyre CASE MANAGER: Susan Ellis ACTION REQUESTED: Approval of a variance to allow a 5' fence within the front yard setback and sight distance triangle. LOCATION OF REQUEST: 4080 Reed Street, Wheat Ridge NAME & ADDRESS OF APPLICANT: Erna McIntyre, 4080 Reed St. NAME & ADDRESS OF OWNER: Erna and Bruce McIntyre, 4080 Reed St. APPROXIMATE AREA: 12,101 Square feet PRESENT ZONING: Residential Two _ _ __ PRESENT LAND USE: Single Family SURROUNDING ZONING: N. Residential-Two, S. Residential-Two, E. Residential-Two, W. Residential-Two SURROUNDING LAND USE: N. Single Family S. Single Family, E. Single Family, W. Elementary School -- DATE PUBLISHED: February 8, 1996 DATE POSTED: February 8, 1996 DATE LEGAL NOTICES SENT: February 8, 1996 AGENCY CHECKLIST: ( ) ATTACHED ( ) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plan - (xx) Case File & Packet Materials (XX) Zoning Ordinance (xx) Slides ( ) Subdivision Regulations. (xx) Exhibits ( ) Other JURISDICTION: The property is within the city of Wheat Ridge, and all notification and posting requirements have been met, therefore there is jurisdiction to hear this .case. .. _ n BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-96-O5 I. REQUEST This request is for the approval of a variance to allow a five (5) foot fence within the front yard setback and within the sight distance triangle on property zoned residential two. The fence was brought to Code Enforcement's attention through a complaint. The owner was issued a Notice of Violation for Section 5-33: Building Permit required for erecting a fence and Section 26-30(2)(2): Fence height regulations. II. EXISTING ORDINANCES Pursuant to Section 26-30(I)(1): No fence, divisional wall or hedge above the height of forty-eight(4~ inches shall be permitted within a minimum required front yard, or above six (6) feet in instances not otherwise specified. Pursuant to Section 26-30(I)(2): No fence divisional wall, hedge or other obstruction to view in excess of forty-two(42) inches high, except for permitted landscaping, signs or public utility poles, shall be establishes or maintained on a corner lot. within a triangular area bounded by the lot lines and a line connecting points on each lot line, twenty-five (25) feet from the intersection of such lot lines for local Streets... Pursuant to Section 5-33: No person nor the federal, state, county or city government or any agency, subdivision or department thereof shall erect, construct, enlarge, remodel, alter, repair,-move, improve, remove, convert, demolish.or change type of occupancy of any building, structure or utility or perform any other work regulated by this chapter or cause the same to be performed, without first having obtained a permit for the specific work being performed from the building, department. III. CRITERIA 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 residence and will continue to be used thusly if the variance is not granted. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT BOARD OF ADJIISTMENT STAFF REPORT CASE NO. WA-96-DS 2. Is the plight of the owner due to unique circumstances. Circumstances are not unique. There are many residential corner lots throughout Wheat Ridge that are located next to or across from a school and all are required to follow the fence height standards. 3. If the. variance were granted, would it alter the essential character of the locality. There are no other 5' Fences in front yards in this area. 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 physical surroundings, shape or topographical condition are not unique and do not pose any hardship upon the owner other than mere inconveniance. 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. A precedent could be established for similar requests if no hardship or unique circumstances are not found. 6. Is the purpose_of the variation based exclusively upon a desire to make money out of the property. The purpose of this request is not economically motivated. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property. Had the owners obtained a building permit prior the fence being built, the building department would have denied the permit based on the restrictions stated above. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WA-96-OS 8. Would. the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. No, the fence would not be injurious to other property or improvements in the neighborhood, however, the fence is located within the sight distance triangle. The sight distance triangle ordinance is enforced for the purpose of safety around corner intersection. The City of Wheat Ridge Traffic Engineering department will prepare a memo for the meeting on February 22 expressing their opinion on this matter. 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. This request should not impair the supply of light or air to adjacent property or substantially diminish or impair property values within the neighborhood. Endangering public safety may be an issue depending on the Traffic Engineer's report. O ,~ o -.~ c-o ~' U cn W ~`.' O N Recorded at °CIO°k-bt^ - - COUPITY OF JEFFERSON -_~:STATE OF COLORADO Reception No. - - - - '- ' RECEPTION N0. 88926439-70 - ._.... .:-~....--`.. _.. _,.u- :_-_._:_-92/30/88 94¢25 28th da o[ December is 88 ~ II [~i1S DEED, Made this y AS THE SURVIVING JOINT Between RAYMOND P. McNULTY, TENANT OF MILDRED N. McNULTY tithe County of Je££eISOn and State of ;olorado, of the first part, and BRUCE GENE McINTYRE and ERNA LUCY McINTYRE Wheat Ridge, Colorado whose legal address is 4080 Reed Street, and State of of the County of Jefferson Colorado, oCthe second part: 000.00 WITNESSETH, Chet the said party ofthebrat part, for and in consideration of the sum of ~6~, _ ____-___--------DOLLARS SIXTY SEVEN 'LHOUSAND AND NO/100-------'"~ ` and other good and valuable considerations to the said party of the first part in hand paid by the acid parties of the second part, the receipt whereof is hereby confessed anti acknowledged, has granted, bargained, eotd and conveyed, and by these presence does gran[, bargain, Bell, convey and confirm unto the said parties of second pur Fa~eel bare a od assigns Corever. not in tenancy in common but in joint tenancy, all the following described l° and Stat<of Colorado, to wit: County of Jefferson land, situate, lying and being in the TRACT 1, UPLAND ACRES, BEING A PART OF A SUBDIVISION OF THE NORTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SDUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. also known as street and number 4080 ,Reed Stteet, Wheat Ridge, Colorado TOGETHER with sll and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper twining and the reversion and reversions, remainder and remainders, rents, issues and prof,ta thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either In law or e4u;ty, of, in and to the above bargained premises, with the hereditements and appurtennncee. TO HAVE AND TO HOLD the said premises above bargained and described, with the aDPUrtenaneea, unto the acid parties of the second part, their heirs and assigns forever. And the said party of the Drat part, Cor himself, his heirs, executors, and administrntors,tioes covenant. grant, bargain and agree to and with the acid portico of the second part, their heirs and assigns, that a[ the time of the ensealin6 and delivery of these presents, he is well seized of the premiaea above rnnveyed, as of good, sure, perfect, absolute and indefeasible estate oC inheritance, in law, in fee simple, end has good right, toll power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former end other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or sat ri shtsT ofCway,greservations,£rest988 tionssandeprotec[il years; except easements, g covenants apparent or of record, if any; :..n ,4.G : - ~. , ~ . <~.: „~y9II'ATE;OF COLORADO 1I` a'l~.'.r69 ` 'S ~ 1 66. ' ~.- ~~~ ~ County of Jefferson The foregoing instrument was acknowledged before me thin by Joseph A. McNulty, attorney in fact for anti the above bargained premiaea in the quiet end peaceable posaeneion of the said parties of the M:on orperaons survivor of them, their assigns and the heirs and aaeigna of such survivor, ngainaG all and every p lawfully claiming or to claim the whole or any part thereof, the void party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular. and the use of any gender shall be applicable to nl] genders. IN WCTNESS WHEREOF the said party of Lhe first part has hereunto set his hand and aepl the d y and year``~`~ above written. ~ ~ ¢ 2 / •'+~- _~ SEAL] •~ha.. Signed,Sealed.ary¢Delivered in the Presence of Raymond` McNulty. by Jo eph A. a • • ' O "; ;. McNulty his attorney in face SEAL] My Commission expires Augu 28th day of December Raymond P. McNulty. ,1988. t 4. 19 0 .Witness my hand and official seal. 9 ~ ~ s / ~ nn t a,.,. •.,...4 rr`nT nra I _ __ _ /,, ~. ~ ' GILLAN'S ENGINEERING, INC. ~ ~~s 5126 W. 38th AVE. DENVER, CO 80212 303f480A471 IMPROVEMENT LOCATION CERTIFICATE Address: 42R0 REED ST Payers MC IHTYRE Titl¢ a¢arcb by: FIRST AMERICAN HERITAGfi TITLE CO Cau>•i t>•¢nt na. c HR2010C L¢gal D¢acr~i Pt3ons TRACT 1, UPLAND ACRES BEING A PART OF A SUP[/I VISION OF 7HE NORTH 1/2 OF THE fiAST 1/2 OF THE SOUTHEAST 1/4 OF 7HE SOUTHEAST 1/4 OF SECTION 23, TOMNSHIP 3 SOUTH, RANGfi 69 NEST OF 7HE 6TT1 PRINCIPAL MERIDIAN, COUNTY OF SEFFERSOH, STATE OF COLORADO. 90.0 IT IS HEREBY, CERTIFIED THAT THE ABOVE DESCRIBED PROPERTY Ss Nor LOCATED WITHIN A 100 YEAR FLOOD HAZARDBOUNDARYINACCORDANCE WITH THE CURRENT HUO FEDERAL ADMIN. FLOOD HAZARD BOUNDARY MAPS DATED a'- 'f' 8 B - MAPNti, X85079 aeoSC ZONE ~- ~ny YI ~.t 'c}' N ~' ,~ M F-' Vl lil 3 w ~'~ SCALE t" =LOS. Ir 3' UTIbtTY 54HT. _ _ I c 1'f I ^~ Zoi N ~1 FRAME v,l D 6L.bfS, 0 ,~ N 1LS Zos W v1U Vi Q ~ .Oj ~ ~ n1 / 1 L S t~,y'~ i. ., ~ ~'YYY ~ n `Fg L V'C_ 3 Z ~ ' I d- M_ Sroley -t T _ t ap H u ko SE N ~ W # ¢080 } W h } I I ~ al 44 "I ~ '_) y s ,I I- . H f •. g_ it I,,: , .. st lztn i., =~:I 7 r,; ~ 1'.... i.e .._ .' ~: M I' M 1~1 L'I I',2i a-t I.~1 ~ f.^i M I„ I~~ 3 ' t U E T. 9GO, p. 1 hereby ccrti(y that this improvement location certificate was prepared for NIGHLINE MORTGAGE ANII FIRST AMERICAN NERITAGfi TITLE Cmltal it is not a Land Survey Plat or Improvement Survey I'lal, and that it is not to be relied upon (or tht establishment of fence, building, or other faro re improvement lines. I further certify that I Ire improvements on the above described parcel on this date, except utility connections and(ehccs. are entirely within the boundarirs of zhown, that thcreare no encroachments upon the described premises by improvementso iF}b~ tsci, except as indicated, and tha[there is no apps rcpt evidence or sign otany casement erns j~~iaar ,el rtofsaid pared, except as noted. ~O .~.% ~'9y _FO Jab Ha.: 1992-RR FPei S 65_20 ., ~. `o.'•.t,t ... - __ _ _ J N ~ "'1 y] ~ ~ 4 1 'f 1~ 1 I ~f ~ ~. Y~ ~ ~ rn Y 1 H Y i 7 - ~ ~ " OI ~ ni ~ ~ ~ ~ ~ ri 43iZD A\'E <~ I ~ Y rv .~ ,._~ I J ~ ~ ~' I ~+ ~~ w g. i O ~~~,~~~~q ~ N I V I . ~~ lM ~ fi~5j . r~ ~, ~1 ~ ~0 o,o~q x290 ~ , m < ~ T I Y y~ 1 a 28q ~ o ~ ~ I Q ~ ~ Y Y 1 .f1 N tV f Y ~ ~ : o_I I * ~ ~ ~ • 4?ND AV)= I _ ~ ~ ~ ~ LL I ~ O ~ ~ i rn I r. ~ lY O •- .;~ U •- I Y ~ I ^ .d 11 n7 /~~ N ~ ~, _ ~ ~ Q - , ~ , i U _ ~ I I - _ ~ ? ~ . ' I o .,o ~ Q - ~- W o ~ J, .P \ ~ V a F u, _ _ .. ~ u i~~ _ _ ~' EI_ ~ 1. SGr-tOOL sC~0 ~~-~ Y ~ ; ~ ~~ N i ' ~~ K~ 'c;za,~~ ~ ~~ ~ o~ r. n j W 3ATiy AYE 0 0 _ ~ o o! o, o °; oll of '~ ~ r. ,~j ,~-EA` rZi DGE $ , ~ r saso I ; I G~.a-~Y3_2 ~~ I ~ I ' ~ ~ ~' 1 s i ~I - ~ r •, \ ~'1 rn g T n a J Y v N `} -- ' f o Q n ~ .~ z . N s ~ ~ ~, ~ o 0 ~ ~ n m "~ 38 a 38~J5 ~8br~ 3BE5 3670 i Stf6 380: 3865 sasc sass 3Ai0 ~'3 3fs3i1 =~fs35 383< }8}3 I ~ nl N~ °' '° I a .'a a+ ~~ ~ ~ 1 fi I1~ g ' ~ Q p ~ u) n a) o o Y Y ° ~ U Q ~ i n n a° i n ~ n ~ r m I ro sats o ° ' ~ ~ Sau. f 3a9J 3895 I SwSJ ~ 3885 3E57 i I 3t'SG• 3yE5 3850 3855 38a;, ~ 38a5 , 38;J ~ 383'• 38.0 +3fs25 i ! v~ r.~ ~ ni ~ ~; x. j m : +n: i i - - ~. 38TH nur - - - - .. i r - -7 r-T--:---r-~ February 10, 1996 ALICE MEALMIIN 4110 REED ST. WHEAT RIDGE, CO 80033 PHONE: 424-1687 ~~i:~ ~r WHEAT RIDGE FEg 1 ~.1~J~r '~~~I'', u " " NG & pEVELOPh1ENT pLANNI City of Wheat Ridge Department of Planning Board of Adjustments RE: CASE WA-96-5 McIntyre This letter is in regard to the situation of a 5' chain link fence located on the property of Mr. ~ Mrs. McIntyre property on the corner of 41st and Reed Street. It is my understanding that possibly they may have to lower that fence. It is greatly appreciated that the City of Wheat Ridge in endeavoring to keep the city safety regulations and preserve the outstanding record of our city that we have experienced in past years. As we all know that excellant rating has decreased in recent years. However, it is my feeling and understanding that is due to the violance and crime. The property in question had previously been owned by the McNulty's who were probably in their 80's and were unable to physically and financially maintain the property as they did in .their younger years. I have been at my location for 37 years now, which is two houses north of the property in question. My feeling on this matter, if you will accept my input on it, is almost shocked at tFielsituation. The previous fence standing, when the McIntyre's purchased the home, was that the fence was deteriorated and needed to be replaced. It is my understanding that the city was contacted before erecting that fence, and were not told of any violation to it. The chain link fence put up by the McIntyre's is attractive, NOT obstructing view, free of landscaping bushes or trees that could obstruct view, and in no manner in my openion is a hazard to traffic or individuals crossing that intersection. Overall the property has been so tremendously improved, and well kept by the McIntyre's„ I feel it has been a great asset to this area. Therefore, I plead with the board members to continue the good work for the City of Wheat Ridge, but rather than penalize those in good standing not causing a problem, to concentrate on those areas that do exist, which are truly problems for safety, and thereby ruling favorably for the McIntyre's. Respectfully yours, Alice Mealma _,7 ~}pGE CITY ~F V~'"~rl_~1~.1 1 ~`81~1^~6 i ~: _ ~ ;. I'~ ( ~~ ~~~". PL~At~~~~xC. _, ~ti~ ~. ~~-~~R~---e-~ nom' t.~~ ~ ~O ~ ~~ . ~/~~; . G^~~ C~ ~ ~ 0 ATE, ~~~ ~i ~ ~ !~"- ~ .~~/`~~~ /~ /~ .~~ ~ ~` ~ Cn. ~/LGc'~ L/ Get //.,.~,~ ~ ~ n / :ems 'L'l~ / ~J // C/ i~ .~`il . / G~~ ~ ~ ., c `~ /`~ / ,~~i-/ `~ ~ Gam- ~ ~ C~~ ~.~~~ ~/e-ems` ~,~~~,~ ~r~~`, ~~ ~~~ ~ ~ ~ ~p~ ~ ~ ~ , ..~- ~~ ~ ~~u~ .~ ~ . ~.~^( Or WHAT K~~~ +~n n ~.; ~ ~ ~ 1 ~r 13`J6 I~ "i~l~U1.1 ~~~ru~Lry l~, lily ~Gtz~ r /` /~~I~C~~ flEVEtQPMtni 1 ~/ +.~..o~rn'e'K-/- 1, GSGLNf ~ l G[ c:~w~G~$ T"G%~ /' //.v«-i~~~.C' ~~-r LJ~~ ,~;~3,r (~U ~vo,~,3 t2~ : ~~se~ W~ -9(~-b' /CZ~ue~~-mss `~ ~'--~~~ 5 -~'/~. e~ ~n ~!c 1 ~ ZJ~-~ ~~ ~'-//~ ~~ ~~ d~ ~ yoxo ~ ~ S~. 7~~ ~~ ~~~ ..~' ~n (/'.,,. ~ ~G: Cyr ~`~A ~-~ C-P rc.J .IL (T" "~~ ~ic,~ ~~ wL` /e~// ~ ~ ~ ~- ~ d c~o ~-o n v U~~4tC7' ~'"- o~K~ r,Ja-y ~rzsr~- ~~ c~p~cifar~c=t ~ y ~.~ ~~ ~~a r 1~~o d ,p` l ~. d-LI'~..Q~ i Y' w,2Y~z C 6i~ ca--:^~~ h~-~ ._ ~.~ Gt 0.-m`' ~Q~F , (~ c? Y~ 1 1 v`-'~ ~7 Gt-~ i211~ / J yi"-'ca ~ !~. LJ ~ / I/'~. ~~O ~7~. ~ I/L S l~xi~' ~/ ~V/L V AJi`-- w ~A~/L l-e G/ I'l ~/'" ~ 0. LL YQ Y( QJZ 1 ~ ~.Ct f '~ Cfrr 41956 pEANNING & 7 a1. a~ ~. ~L s~ n, February 13, 1996 To Whom It May Concern: CITY OF WN :, i Q r, ^ F~ C1I i ~ .: This letter is in reference to a five foot chain link fence_ enclosing the yard o£ Mr. and Mrs. McIntyre on the northwest corner of Q1st. and Reed Streets in Wheat Ridge. The above mentioned fence has been in this place for almost five years. As far as we are concerned, the sole purpose of this fence is to protect the McIntyre's property, and to protect passing children from the McIntyre's dog, which of necessity, is often in the yard. We are nearby neighbors of the McIntyre's. In no way has this fence been an eye sore, or has blocked our vision while driving, and we have passed this corner countless times. The McIntyre's property has improved immensely since they have been living there, and we are happy to have them in the neighborhood. Sincerely, Bill and Susan Simms Q130 Reed Street Wheat Ridge, CO The City of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave.,-Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicat~nt ~R fJa- l • ~~T ~YyR C Address z)d`aC5 t~eE~i s~ Phone ZZ-2-3 z- Owner 'I.~RvG2C~, d-~,~,0~ )„ `~,~ress ~b go Deed $'~', Phone yL2-Z3L Location of request ~ ~ $C~ ~ee_~ s-;-. 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 Fiood 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.//gy~pp ^ Other n /~ 1. Detailed Description of request ~,~y,(~w :L $ ~' ~,~a.~.,1~k J(L1eMC,2 l.w L/R~,n. I LJ~•v~.~ a u d. s6a~,~g -~R.i aas Qe V ~' ~~ ~ List all persons and companies who hold an interest iri 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 of those persons listed above, without whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this- action on his behalf. Signature of Applicant ~ ~ ~. ~ /~~ `~ ~ ~ ~ ed and sworn to me th' ~~"day of~ 19 ,. ;• .~• ~; : ~ Notary Public ' ~ _ ~ '^ SAL ~; a ,Pmj `•Scn`~. °j~ t1 My commission expires /O~OJ'•y~ !N°" t.`~` ;O - Da ~F Eea• ~V 1. /(. of 6 Receipt No. ~ ~~~ Case No. ~~~... - PUBLIC NEARING SPEAKERS' LIST CASE N0: WA-26-5 DATE: February 22, 1996 REQUEST: An application by Erna McIntyre for a variance to allow a 5' fence. within the front yard setback and sight distance triangle for property zoned Residential-lllwo and located at 4080 Reed Street. i ; Position On Request; i ; (Please Check) i SPEAKER'S NAME & ADDRESS (PLEAS E. PRINT) i IN FAVOR i OPPOSED _' ~ 1 I 1 1 1 1 f J ~ ~~ccc~y ~a2nr~ ~~9o T~GI~r Sz4- ~ ~ ~ 1 . 1 1 1 1 i ~ j 1 1 1_ ... 1 1 i 1 1 1 1 1 1 1 1 _ 1 1 1 1 1 1 1 1 1 I 1 _ 1 1 1 I j 1 1 r 1 i I I I 1 1 1 1 1 1 1 1 I I 1 1 j 1 1 _. _ 1 1 i i 1 t 1 1 1 i _ ~ _ __ j ~ 1 1 ~ ~ 1 1 .. i i i i 1 1 ~ 1 1 1 1 1 i 1 1 1 1 1 1 1 1 ; 1 1 1 1 I ~. 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Ivo~~ny er,s-f on ~flS1~a ve, 6~ ReecCS-F ~+oritilaouv+~ lao~'in~ e~ston ~{l~"sti-eet ({21c~l~fo-F Gtay'E'D ~{-2~~d-~gP1 YnCcrKS a~~~viC~, • 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 22nd day of February, 1996. CASE NO: WA-96-5 APPLYCANT'S NAME: Erna McIntyre LOCATION: 4080 Reed Street Upon motion by Board Member ROSSILLON , 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-96-5 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 WAS ONE protest 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 the Board of Adjustment Application Case No. WA-96-5 , be and hereby is DENIED. TYPE OF VARIANCE: Fence height PURPOSE: To allow a 5' fence within the front yard and sight distance triangle FOR THE FOLLOWING REASONS: 2. The fence violates Section 2-30 of the City code. 2. Granting this variance would put the City in jeopardy for liability suits if an accident occurred at this intersection. 3. There are no unique circumstances to warrant this variance. 4. This intersection has heavy auto and pedestrian traffic -- because of the close proximity of the school and therefore, presents a safety hazard. S 5. The traffic engineer suggested this sight triangle be enforced. • WA-96-5/Resolution Page 2 6. A precedent could be established by granting this variance. 7. There is an alternative to this request. VOTE: YES: Hovland, Howard, Junker and Rossillon NO: Walker DISPOSITION: Variance denied by a vote of 4-1. DATED this 22nd day of February, 1996. ROBERT WA~RER, Chairman Mary L~u ~hapla, Secr tary Board of Adjustment Board o~A'djustment • • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 22, 1996 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member JUNKER, and seconded by Board Member ROS.SILLON to approve the agenda as printed. Motion carried. _ 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. PIIBLIC HEARING A. Case No. WA-96-5: An application by Erna McIntyre for a variance to allow a 5 foot fence within the front yard setback and sight distance triangle for. property zoned Residential-Two and located at 4080 Reed_Street,. Susan Ellis presented the staff report. All pertinent documents were entered into record which Chairman WALKER accepted. • Board Member ROSSILLON said since there was no permit taken out does the City know when the fence was built, and Ms. Ellis answered about 4 1/2 years ago, and the City received the complaint about 2-months ago..- There was no permit obtained because the owners said they did call the City and was told they did not need a permit, however the City has always required fence permits since incorporation. We require this to prevent people from building and creating a hardship on themselves and then maybe having to tear it down after the fact. No further questions were asked of staf-f. The applicants, Erna and Bruce McIntyre, were sworn in. Ms. McIntyre said she did call the City about 5 years ago and told them that sloe was replacing a pre-existing fence and making it 1 foot higher and was told she did not need a permit. Entered into record were photos of the property and fence. Mr. McIntyre said the reason for replacing the fence was because it-was deteriorating. The kids from the school were always breaking the ends off, teasing our dog. One time a little girl said our dog bit her, and since the fence has been up we have not had any more problems like that. i3e • said when the fence was put up, Stevens Elementary was further south of them. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 22, 1996 Page 3 Now the crossing guard and kids are right there on their . corner, plus the kids just hangout on the corner. Mr. McIntyre said basically they want to prevent a potential situation regarding the dog and the kids. The middle school kids also come down to__the elementary school and cannot go __ onto the property till after 4:00 or 5cD0 p.m. because there _. was a middle school boy who pulled a knife on an elementary school girl. The applicants have come home many times and found kids setting on their front fence, waiting until they can go across the street. Ms. McIntyre said they have to keep their dog inside during those times. Ms. McIntyre said they are not trying to be special people they are just trying to avoid any bad situations and making sure that safety is first with the kids and other passers by, their home, and their dog. She said. if they had known about the 48 inch fence it would have saved them from hassles in the future, and they would have purchased a 48 inch instead of 5 foot. She stated .again before they purchased any material for the fence, they did call the City. Ms. McIntyre said she had talked to .John Runiks and he came out personally to check the corner and did not • mention anything about the sight triangle. Sergeant Gray also came out to monitor the amount of traffic that has been. running the stop sign and speeding on Reed Street, and never said anything. She said she feels the fence is not a hazard in any way because you can see through it from all angles. Mr. McIntyre added they have two rose bushes but they keep them cut low. Chairman WALKER asked if the ground was filled in with dirt and raised, and Mr. McIntyre answered no, it is erosion from the school playground, and if you notice..-the sidewalk is 3-4 inches below the grass. The rocks are to keep the dirt from flowing out into the road. Ms. McIntyre said the fence has been up for five years and they have not had one single incident since then, and the public feels safer from their dog because the fence is higher. After the citation she called Mr. Middaugh and explained to him the whole situation. and that she did not obtain a permit. Mr. Middaugh told her not to worry about the permit because it is beyond time now to even bother with it. The applicants are asking to keep their fence up for safety for their dog and-for people who walk by. They cannot be there 24 hours. a day to keep an eye on their dog. e WSEAT RIDGE BOARD OF ADJI75TMENT MINIITES OF MEETING: February 22, 1996 Page 4 Mr. McIntyre said again the fence has been up five years and there has not been any accidents they know of, and if there had been any, this would have been brought to their attention long before now. They pulled a large flowering bush up on that corner because they thought it was an obstruction of view. He said he is not complaining, but there are a lot of other properties in Wheat Ridge with sight obstructions. Board Member ROSSILLON said he realizes that they thought they didn't need a permit, but asked why they put the fence where they did. The code says the fence has to be back 30 feet from the front yard and it could have been done that way and not have had this problem in the first place. Ms. McIntyre answered she told whoever she talked to that the fence would be in the same place, and they still said they- would only need a permit if they were going to move it from where it is, or if it was a privacy wooden fence. The fence is in the exact same place and on_the same line as the old fence was. Board Member ROSSILLON suggested they did have an • alternative of putting the fence 30 feet back. Mr. McIntyre said they took the person they talked to at their word and did not check into the zoning laws. The fence was there when they bought the. house over eight years ago and they never had-any reason to think they were illegal. With the _ school now a park- with the entrance right across the street, plus a day care there also, there is a lot of traffic. The kids also roller-blade and skateboard up and down the street. _ Board Member HOVLAND said this is a difficult situation because it does not appear to be a problem and the site problem is not really an issue with the chainlink fence and vegetation. The S,foot fence in a front yard is not allowed anywhere in the City of Wheat Ridge--in order_for the Board to justify a variance there has to be some unique condition about the property. It is difficult in finding something unique about the applicants particular property that would justify that. It is a nice looking fence, no sight problem, and-a safer point of view from the dog and kids--there is options in putting the fence back, or the dog back from the front street. Ms. McIntyre said they did not know it was illegal and when they had a smaller fence, the corner was actually a trash • dump for the kids. Now the only trash in their yard is what the-wind blows in. They have landscaped the whole area and have received a lot of compliments about their yard. • WEIEAT RIDGE BOARD OF ADJUSTMENT MIN[7TES OF MEETING: February 22, 1996 Page 5 Mr. McIntyre questioned their liability of their dog biting someone if they cut the fence down in the corner (which has been eliminated with the 5 foot fence). They feel even if they move the fence back, the kids will still go up to the fence. Their dog is not aggressive, however when animals get teased, they tend to_bark and might bite someone_ Mr. McIntyre feels the fence has proven itself because since it has been up, no one has had any problems. They actually never had any problems until the City put up their 'no parking signs', and the new school being moved down to right across the street. No further questions were asked of the applicants. Everett Hize1, 4000 Reed Street, Wheat Ridge, CO, was sworn in. He has lived there for 35 years and have had a lot of problems since the school has been rebuilt. He thinks when anyone comes into a new neighborhood and fixes up the property, they should be appreciated instead of knocked. They have had problems this school year with mothers parking on the east side of the street and the kids run between the cars and across the street to get to their cars. They have • had policemen over there a lot, as many as 5 at one time, to try and get these mothers to drive through the school on the north drive and come out the south side. Mr. Hizel thinks the fence is nice-and has no problem with it staying there. Judy Capra had signed up to speak but declined because her and her neighbor were under the impression the fence would be a solid-wood _fence. Chairman WALKER asked staff if the amount of visibility through a fence is mentioned anywhere in the code, and Ms. Ellis replied no, there is no distinction except of height_ Ms. Ellis showed an aerial view of the property and said_a 5 foot fence would be permitted 30 feet back and still allow the dog in the front of the house and would also eliminate the sight distance problem. One of the purposes of a permit is to regulate non-conforming structures and uses. Ms. Ellis read a variance is a request to the City to vary from the law. The Board has to decide if there.is something unique about this property, and not to take anything personal. This has to do with the best interest of the City and the entire community and in allowing certain requests, setting a precedence must be considered. Discussion followed. Ms. Ellis said a 42" fence is allowed anywhere in • on the property, and 48" is allowed anywhere on the property except in the sight triangle. WSEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 22, 1996 Page 6 No further questions were asked. Motion was made by Board Member ROSSILLON, that Case No. WA- 96-5, an application by Bruce and-Erna McIntyre, be DENIED for the following reasons: - 1. The fence violates Section 2-30 of the_City code. 2. Granting this variance would put the City in jeopardy for liability suits if an accident occurred at this intersection. 3. There are no unique circumstances to warrant this variance, -- - 4, This intersection has heavy auto and pedestrian traffic because of the close proximity of the school and therefore, presents a safety hazard. 5. The traffic engineer suggested this sight triangle-be enforced. 6. A precedent could be established by granting this variance_ 7. There is an alternative to this request. Motion was seconded by Board Member HOVLAND. Motion for denial carried 4-1, with Board Member WALKER voting no. • Resolution attached. 2. Ca,eP No. TUP-96-1 :- An application_by Loyd Volgamore for approval of a Temporary Use Permit to allow the keeping of four (4) dogs on property zoned Residential-Two and located at 4270 Garland Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. No questions were, asked of staff. The applicant, Loyd Volgamore, 4270 Garland Street, was sworn in. He said he wants to stay within the law, however, his son is not able to take all of his dogs with him at this time and for him to stay in compliance, he applied for the temporary permit. He stated he does take care of his dogs, the .neighbors have never complained and hopefully they will never have-a reason to complain. Board Member HOWARD asked the age of the son's dog, and Mr. Volgamore answered it is an older dog around 14 years old. Board Member HOWARD asked the applicant if he thought it . would be necessary for a full one-year permit or could. something be accomplished in less time, and Mr. Volgamore