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HomeMy WebLinkAboutWA-96-6rheCrryor ADMINISTRATIVE PROCESS APPLICATION Wheat ~Ridc~re Department of Planning and. Development 6 7500 West 29th_Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~ R F ~ ~ G Address 6~~f y '"' ~Z'~'~FFv~ Phone 2.~`/ -r/313 ii Address ~~ Phone Owner ~ - >g" S r7-h a ~ Location of request Type of action requested (check one or more of the actions listed below which pertain to your request.) __ ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision - 8 Preliminary Final (] ** See attached procedural guide for specific requirements. Detailed Description of request 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 List.-all persons-and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, ate. NC E ~~ ~ 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.. ..w-~r,~-..._ _.. -- .., .. - na~ur8 ~j.~,.~aicant L /' - _ • _ .<_ . i ` Su~scribe3i °a~,d sworn to m~~ dad f - },: r r; 1 S A~ .y'•....... " ~;~ ~ CGLb~~'_~ My commission- expires /fl rD ' Date Received Receipt No. ~(")-~`{ Case No. - _,.- _ _ - ?' RECEPTION N0. ?413t~242 24.19 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 8/02/94 12:45. WARRANTY DEED THIS DEED, Made this 28th day of July , h 19 94 , between ANNE LOUISE KISTHARD ~~~~--,,CC~~ of the 'Courtly of JEFFERSON and ~l State of Colorado, grantor, artd JAMES EDWARD MEADOWS AND JILL / I MEADOWS - _ - ' whose legal address iS 6540 W. 32ND AVE. L__...~._... WHEATRIDGE, CO 80033 of the County of JEFFERSON and State of Colorado, grantees:. _ WITNESS, that the grantor, for and in consideration of the sum of NINETY ONE THOUSAND ESGHT HQNDRED -ESE"."Y_AND NO/100_________________ _ _________________~___~. .DOLLARS, the receipt and sufficiency of which is hereby acknowledyed, has granted, bargained, sold antl conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, ' I all the real property, together with improvements, if any, situate, lying and being in the County of -t~--~ JEFF ER SON and State of Colorado, described as follows: LOT 3, LONG'S SUBDIVISION, COUMi'Y OF JEFFERSON, ~ STA'PE OF COLORADO. ;\ w~ W s _ ^_ z '~ LL alas known by street and number as 6540 W. 32ND AVE. ' ~' WHEATRLUGE, CO 80033 ° TO(iE'I FIER wnh all and sul ular the hereditamenls and a r nrlenancea thereunto Uelonc m or in an wise a g L ~ g f p J g, y ppwlauiin and the reversion and reversions, remaintler and remainders, rents, isaucsand puihls lhorool, and all the ostate, nyht, Irtle, interest, claim and 'n Uemm~d whatsoever of the yranlor, either in'law nr dqudy, ol, in and to the above bargained prenuses, with the herednaments and appur Icnances. "IO fIAVE AND TO HOLD the said prermses above baryau iad and descnbed, wuh the appurtenances, unto the grantees, their hens anu assigns forever. Antl the yranlor, for hirnsolt, his hens and personal ropresentahves, tloes covenant, grant, bargain and agree to and with the grantees, their hercs and assigns, that at the time of the ensealiny and delivery of These presents, he is well seized of the premises above conveyed, has good, sure, pertect, absolute and indefeasible estate of inheritance, In law, in fee simple, and has good nght, lull power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are Tree and clear from all former and other grants, bargains, sales, liens, taxes, assessments, emcumbrances and restrictions of what- ever kind or nature soever, except general taxes for the current year and subsequent years subject to restrictions, reservaGOns, and covenants of record and except easements and rights of way of record, if any, and except NONE. The yranlor shall end will WARRANT AND FOREVER DEFEND the above-bargained premises in ilia gwet and peaceable possessiun of the grantees, (heir heirs and asslyna, against all and Query person dr persons lawfully clairniny the whole or any pan thereof. The singular number shall include the plural, the plural the singular, and the use of any gentler shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the dale set forth above. ^~¢~- ANNNN~~UISE ISTHA D STATE OF COLORADO . COUNTY OF JEFFERSON ss. flee loroyouiy mstrunrenl was acknowledyed beluie nie ibis 28th day of July 1994 by ANNE LOUISE KISTEIARD J~;N»BF9 ~~~~p'ig9-. O,S, = W uness my hand antl official seal. ~ ~ ~ ~ • My commission expires January 22nd~199~71 qrF OF COx'O~ - uorary PUDlic "If m Denver, insert "City and." JULI BEACH WARRANTY DEED (To Joint Tenants) C71LLAN'S ENGINEERING, INC. ~ ~ ~ 8471 Turnpike Drive, Suite 200 • Westminster, CO 80030 • 130314261731 ' IMPROVEMENT LOCATION CERTIFICATE Address: 6540 W 32ND AVE Borrower(s): MEADOWS Title search by: CHICAGO TITLE OF COLORADO, INC Commitment no. 998135 Legal Description: Lot 3, LONGS SUBDIVISION, County of JEFFERSON, State of COLORADO. M SCALE fit` ~Z~ LoT G/NES gL{Sp~ t~ iEPPFt2 FIV ~ ,2. o, w, s 75 S' UT/urr ,~s/1r lP,cdT) r ~~ i ~ q. 3 .rte <.. ,, x'~tt~ t~i~° y [%~ -m~ I ~l t M I 1 fr.~~ tt a~ >~ ~,'~.4 !!~{~~ 42f I I ST O ,Q Y BK/GK ~L ~}~ ~ / T i I ~' I # 6.~0 ~' I I IS' I 42f3 17? ~Q ~ f I ti I ~ I g o I I I I I i M ~ ~~ A~10 o~vP1'~ L/NESS l~ ~~~ i l'Y ~ .32ND VENUE ;7 W It is our interpremtion that the above deaaibed property '~ • ~ locazed within a•100 year flood hazard boundary in accordance wish the currtem HUD Federal Administration Flood Hazard Boundary maps. f,, Map Dated ~. ~ ~ ,Map No. ~' ~, ,Zone N'~' Oa the basis of my knowledge, information and belief I hereby certify that [his improvement location ~cnte wss prepared for COUNTRYWIDE FUNDING AND CHICAGO TITLE, OF COLORADO, INC , under my supervision and thaz it is not a Land Survey Plu «Improvement Survey Plu, and thu it is not to bra relied upon for the establishment of fence, building, «other Amore improvemen liaee. I further certify that the improvements on the above desrn'bed parcel oo this due, except utility connection and faeces and landscaping, aro emiroly within tLe boundaries of the parcel, axapt ss shown, thu there are no en«oachmemts upon dte described premises by improvemeus on any adjoining premises, except as indicated, and thu [hero is no apparent evidence «sign of any easement crossing «bndening any pan of said petal, except at note. "Nofica: Acrording to Col«ado Law you must commence any 1 used u o atry defect in this survey witldm throe years after you first discover such defect. In no even4 may any action bssed upon a ~t ey be mmmenad moro than ten years from the date of the certification shown hereon.' ,,,~p .~~~ Job No.; 4773-94 Fee: $95.00 CENSUS TRACT NO.: 107,01 u DATE • _ C71LLAN'S ENGINEERING, INC. o~a 8471 Turnpike Drive • Suite 200 • Westminster, Colorado 80030 • (303) 426-1731 • Fax (3031 426-1732 Dear Borrower: Gillan's Engineering, Inc. recently completed an Improvement Location Certificate for your property as shown on the opposite side of this paper. This step in the real estate closing process was ordered by your mortgage company. In order to provide this certificate, a member of our staff was at your site. They noted the existence of all structures and major improvements while measuring theirplan view sizes and approximate location. The results were compared to the legal description provided, and then drafted into a certificate. A Improvement Location Certificate is not a Boundary Survey (sometimes called a pin survey). In general, a boundary survey would entail bringing our surveying theodolite and electronic distance meter to the property, measuring angles and distances from known monuments, observing property boundaries, and setting property corners. Gillan's Engineering has been in business since 1978. We maintain a high percentage of repeat business by providing engineering and land surveying services conscientiously, quickly and inexpensively. All Improvement Location Certificates are prepared in accor- dance with the State of Colorado Statutes. If you have further questions regarding our work, please call our Surveying Director. In addition, our firm provides a full range ofengineering and surveying services. Should the need arise, we would appreciate the opportunity to perform follow-up work for you. Examples are civil engineering to resolve drainage problems, structural visual observations for post-construction problems in your house, as well as boundary surveys to establish property lines for construction of improvements. Thank you for this opportunity to serve you. Gillan's Engineering, Inc. February 16, 1996 Wheat Ridge Building Department Board of Adjustment We are submitting an application for a variance regarding the regulation that states that all buildings erected in our area must be. set back five (5) feet from any side property line. We are asking for this variance so we may construct a two-car garage on an existing foundation built by the former owner of this property. The foundation was built more than twenty years ago, and is set back approximately one (1) foot from the side lot line. The foundation was built as a retaining wall to level a severely sloping lot, and also as a base for a garage to be built at a later date. It is paved with a concrete slab which was intended to be the floor of a garage. Due to the severe slope of the property, existing utility lines, and several large cottonwood trees, it would not be economically feasible to build the garage any where else on our lot. To do otherwise would add unnecessary hardship and expense. We have talked to our neighbors about our plans for the garage and its location, and they have expressed no objections. It is our hope that you will allow the variance so we may improve and enjoy our property. Thank you for your consideration. he Meadows Family 6540 West 32nd Avenue Wheat Ridge, CO 80003 NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on March 28, 199.6, 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-96-6: An application by James Meadows for approval of a 4' side yard setback variance tc the required 5' side yard setback for a detached garage on property zoned Residential-Two .and located ac 6540 W. 32nd Avenue. 2. Case No. WA-96-7. An application by Anthony Kelly for approval of a 9' side yard setback variance to the required 15' side yard setback to allow a 12' x 18' shed on property zoned Residential-One and located at 2981 Teller Street. 3. Case No. WA-96-8. An application by Wayne and Alice Hinkle for the approval of a 10', rear yard_setback variance to the 30' required rear yard setback for property zoned Residential-Two and located at 3420 Garland Street. 4. Case No_ WA-96-9: An application by Abe and Debra Jones for approval of a 22' variance to the 30' side yard setback next to the street on property .zoned Residential-Twc and located at 8521 W. 32nd Avenue. ~~ ~~ _ Mary L Chapla, ecretary Wanda Sang, City Clerk To be published: March 14, 199b Jefferson Sentinel r . 4 -_ ~c wES' .aTr avtn:._ = ~. sox 233 - The City of _ .. TEAT =~C~GE. C.^. ~OC~1-~b33 - - 1303) 234=i 00 - heat ry Aom^. =ax a 23,-592- Pn'.ice Deg*.. Fax ~ 235-299 ~ - ~-'~l~ge POSTING CERTIFICATION CASE NO. G(i~I~,~~ir-- PLANNING COMMISSION - CITY COUNCIL - BOARD OF. ADJUSTMENT (Circle One) HEARING DATE: ,~'~C '~Zr I, n a m e residing at (~;~"t.~(~ (~,1 32^O'~ to a a r e s sa as the applicant for Case No. ~(J/~-Q ~ - hereby certify that I have posted the Notice of Pubn~lic Hearing at ~5-u(~ fRJ 32"`(~y..e ~~'l.ea'~\<iclao ~ b~ 3 3 (1 o c a t i o n) on,this 3 day of ~ QfC~n 19 ~, and do hereby certify that said sign has been posted and remained in place for fifteen (I5) days prior to and including the scheduled day of public hearing o£ this case. The sign was posted in the position shown on the map below. Signature: ~J14„ ~; m p~~C-t~-+n9~ 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. M A P <pc>postingcert rev. 05-19-94 <^, ~ , „ P.O. BOX 638 TELEPHONE: 303/237-69a4 The Cify of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~]Vheat Ridge March 13, 1996 This is to inform you that Case No. WA-96-6 which is a request for approval of a 4' side yard setback variance to the required 5' side .. .. -. and setback_for a detached garage on property zoned Residential-'t`wo for .property located at _6540 W. 32nd Avenue will be heard by the Wheat -Ridge BOARD OF ADJUSTMENT in the Council Chambers of.,:the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M. on_ - March 28, 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 "The Carnation City" ,-. ~. ** cols ** cols _ ** co47 3oseph W Rule James P Luxner Fred R Groothuis 6580 W 32nd Ave- 6800 W 32nd Ave 6585 W 31st Ave _- -- Wheat Ridge C0 ,80033-6457 Wheat Ridge CO 80033-.6457 Denver CO 80214-8009. _ ** C047 ** C047 Stanley E Joy Edwin C Rossillon 6545 W 31st Ave 6505 W 31st Ave Denver CO 80214-8009 Denver C0=80214-8009 _ WA• `lb' (v (n5~10 W, 32n& AV ~ _ _ ____ 4 i li~,~l t:o d1! ~ ~~ ~ N il~.q ~ ~ ~l .: _) s {yY~..~.1 r. ~I\. 1. (' 1J _c do ~ O `~ ~ ~% ',~nr~ •ssaaatid 013dO13AN3 j0 1 0 ~ /~ I V ~ I ~ ~ a _ I \ (~ ! LJ/ f H 1 ~~ ~~I \ J i N p °~ I ~ m 6 ~ l •~ ~v O (n ~d N U' ,'3 ~~ W v W N W ~ ~ I SSh 40h 2'L6 d ~ ~ ; t , ~ " ~~ ~ ~ ~ O ~ O r ~ G d O O ~n 1 L C ~ w ~o LL~ ~ o b0 ~, Q~ .~ x a o o ~ m .r _`'~ _ ~ C o ~ ~ . a3 I P 912 4D1 459 ,9 p ta` 6 ' ' ~ • J ~. J~ u. A 7 W Q ~ y.+. t8. 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[n o m n ~ m v lJl m '~ m = ~ Q ~ y y N N CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: March 28, 1996 DATE PREPARED: March 19, 1996 CASE NO. & NAME: WA-96-6 /Meadows CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by James Meadows for the approval of a 4' side yard setback variance to the required 5' side yard setback for a detached garage. LOCATION OF REQUEST: 6540 W. 32nd Avenue NAME & ADDRESS OF APPLICANT(S) James Meadows 6540 W. 32nd Avenue Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 9,825 square feet PRESENT ZONING: Residential-Twa PRESENT LAND USE: Residential Single Family SURROUNDING ZONING: W:, E: and S: Residential-Two, and N: Residential-Three and Residential-Two SURROUNDING LAND USE: N W:, E: and S: mixed multi-family and single-family residential DATE PUBLISHED: ~~- March 14, 1996 DATE POSTED: March 14, 1996 DATED LEGAL NOTICES SENT: March 14, 1996 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ( )NONE ENTER INTO RECORD: ( )COMPREHENSIVE PLAN (XX) ZONING ORDINANCE ( )SUBDIVISION REGULATIONS (XX) CASE FILE & PACKET MATERIALS (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. Board of Adjustment Staff Report Case No. WA-96-6 L REQUEST Page 2 The applicant is requesting a 4' side yard setback variance to the required 5' side yard setback for a detached garage. Approval of this request would place the proposed garage 1' from the east property line. According to section 26-14 (F~ of the Wheat Ridge zoning ordinance, a property located in the Residential-Two zone district is allowed to have 1,000 square feet of detached garage coverage, but must have a minimum side yard setback of 5'. The proposed two-car garage would be placed on top of an existing concrete slab that is currently being used as uncovered parking. As the applicant states in the attached letter, the concrete slab was built more than twenty years ago as a retaining wall to level a severely sloping lot. Because of the existing slab, and the fact that the property is sloped and has mature cottonwood trees, the applicant believes there is need for a variance. II. CRITERIA Staf4 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 6e used only under the conditions allowed by regulation for the district in which it is located? Yes. If the variance is denied, the property will be able to remain as asingle-family residence. 2. Is the plight of the owner do to unique circumstances? No. The plight of the owner is not due to unique circumstances. 3. H the variation were granted, would it alter the essential character of the locality? Yes. An approval of this variance would allow the garage to be placed 1' from the side property line. There aren't any other garages or structures which are built that close to the property line on the adjacent properties. 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. There are other properties throughout Wheat Ridge which have topographical slopes to them. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other properly 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 ProPe~ No. The purpose of this variance is not based exclusively upon the desire to make more money out of the property. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. The concrete retaining wall was there when the applicant 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 properly is located? No. The granting o4 this variance will not be injurious to other property or improvements in the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent properly 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 Use neighborhood? Yes. It is possible that the proposed garage will impair the adequate supply of light to the property located to the east. But, because there aren't any windows or rooms that will be effected by the loss of light, and there haven't been any registered complaints, the loss of light should not be an issue. ~. V F1 ~ GI ~+~ ~- ZONE DISTRICT 90UNDRY ZONING MAP -''p"RG~n'07 BOUNDRY IDESiGNATES OWNERSHI?) WH~~T ~I DGE -~~- GiTY LIMIT LINE i~ JJ GO~OR~DO _ _ _ _ WATER FEATURE - DENOzS MULTIPLE ADDRESSES MAP ADOPTED June 15, 1994 Los- ReHSion: January 9, 1995 TJ'AR71+~`uI~ ~?LhhT/IN6 M9 Ik"Y80Pr~i - 2'"r~85: i I t; Sl~l 25 .+~ o x ~oo® SCALE i X00 654 ~,t1.32Np dv~Uc I I s~n~' I I -~x~snr~c~ Cor1U~r~ ~I ~i oNe S~tuRY yousE 1 1 ~ ~ ltT~ 3Z+~JG~ 4V~'n(4C' SCALE (~~=ZO` p7HEAT RIDGE BOARD OF ADJIISTMENT Page 2 MINUTES OF ~gTING: March 28, 1996 2, APPROVE THE ORDER OF THE AGENDA Motion was made Board Member HOWARD, seconded by Board Member JUNKER, to approve the order of the agenda as printed. Motion carried. 3, PUBLIC FORIIM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4, PUBLIC HEARING lication by James Meadows for „.~,,:-,°~aea No..... WA-96=E..._ An aPP approval of a 4' side yard setback °aara eeonopropertyuzoned 5' side yard setback for a detached g g Residential-Two and located at 6540 W. 32nd Avenue. Meredith Reckert presented the staff report. A11 pertinent documents were entered into record, which Chairman WALKhotos accepted. Ms. Reckert also entered into est~od thPhotos (per the applicant) of the property in qu were labeled Exhibit 'A'. Board Member ECHELMEYER corrected the stafaraeeothatafaces there is a windHe °ouldenotsseenwhat the problem is with the the property. and Ms. Reckert Cottonwood trees, as they are alll°cantrspeak on that. said she would rather let the app Board Member HOWARD asked if it has been determinedoa~ ao whether terra eoonrthatssiteisand1Ms.tReckerttanswered to her two-car g g knowledge that has not been asked of the building ermit department, but she believes they would nosuchsue a p until they had some certification stating Chairman WALKER asked if the new garage is going to be adjacent to the existing garage, Ms. Reckert answered she believes it will be offset. Board Member ROSSILLON said since the applicant wants to build this garage one foot from the property line, would that be the wall or the overhang. Ms. Reckert answered technically, an encroachment ofla0eiacconditionloneaheith the eave, but the Board could p approval because of the drainage concern. Staff allows an eave overhang of 30 inches into a setback line and even with a variance, the setback is measured to the foundation wall. pQHEAT RIDGE BOARD OF ADJIISTMSNT Page 3 MINDTSS OF MEETING: March 28, 1996 She said there could be an encroachment of the eave line unless the board makes a condition that not occur. Board Member ROSSILLON said with a 30" overhang, the eave line would then stick 18" into Mr. Jones' neighbor's yard and that cannot be done. No further questions were asked of staff at this time. The applicant, Jill Meadows, owner of the property, was sworn in. She introduced her stepfather, Ray Marcouillier, who is the contractor,ax~d would present the case. Ray Marcouillier was sworn in. He said the purpose of using the existing foundation is limiting the cost of having to tear it out and redo it. On the west side there are utility guide wires, telephone box and cable, etc, which would all have to be moved if they put a driveway there. At the rear of the yard is a Cottonwood tree that would have to come down and that would be an additional expense because it is in the center where the garage would be located; so_ basically there are problems on either side of the house. Addressing the overhang on the eaves question-- they plan to use a simple rakeboard on the siding and there would not be any eaves. It would basically be a gabled roof with just a flat freeze board about 3/4 of an inch past the foundation. They plan to use the underground drainage because at the middle.. of the house the lot slopes away and they want to run piping in so it will drain to the center of their yard, plus both gutters will drain toward the center of this property. Theis-survey shows the existing foundation is inside the property line. Mr. Marcouillier said there are three homes in the area that have similar setbacks with less than 5' from the property lines and two are attached garages. They have plans of using Tibbets Engineering to determine its suitability to meet the codes of Wheat Ridge. The foundation has an 8" wall and was dug down 3 feet past the frost line. Chairman WALKER asked what size would the garage be, and Mr. Marcouillier replied 20' wide and 22' deep. That size of garage would support two vehicles. Board Member ECHELMEYER questioned the tree difficulty on the present slab and Mr. Marcouillier answered there is no tree problem. WHEAT RIDGE BOARD OF ADJIISTMENT MSNOTES OF MEETING: March 28, 1996 Page 4 Board Member ECHELMEYER asked how far. would it be to the peak of this roof, and Mr. Marcouillier answered roughly 13 feet. Mr. Marcouillier said they talked with the neighbors on the south and there does not seem to be any objections mainly because these particular neighbors have a utility shed in their site anyway. Board Member ECHELMEYER asked if the applicant has ever considered a carport with a shallow roof that slopes to the east, and Mr. Marcouillier. answered no because the neighbors did not object to these plans. Board Member HOWARD wanted to know the width of the driveway, and Mr. Marcouillier said it is 15' from the side of the house to the property line and the outside edge of the slab is approximately 4.6 inches. The driveway will be 6 inches in. Board Member HOWARD asked how close will the garage be to the. house, and Mr. Marcouillier answered it will be about 8' back from the house. Board Member ECHELMEYER said if the applicant was to put the structure with the required 5' setback it.looked to him that there is room for 3 cars on a diagonal, and Mr. Marcouillier said the purpose is to try and use the existing slab and foundation as it would be a hardship and expense to xip it out and replace_it. Ms. Meadows added the third vehicle was only there to unload new vinyl tile, and normally they do not park 3 cars there because it is hard .to get the second car out. Board Member ROSSILLON asked if there is side, and Mr. Marcouillier answered they that goes back about 4 feet. He stepped would be the same as the foundation. He talk to the engineering firm to discuss walls together.- a wall on the west have a partial-wall it down so the slab said he needs to iow they tie the two Board Member ROSSILLON asked staff if they knew what an engineering fine requires fctr a foundation for a garage such as this, and Ms. Reckert said she could not answer that, however staff does require that the certification be stamped by a licensed engineer. Chairman WALKER said as a point of order, if there are any problems with this foundation, it would be with the process as they applied for the permit and has nothing to do with._ WSEAT RIDGE BOARD OF ADJIISTMENT MINOTES OF MEETING: March 28, 1996 Page 5 what this committee approves. It would not conceivably create the situation where they'd have to have their footer go out over the property line to support this thing, and Ms. Reckert agreed. No further questions were asked. Motion was made by Board Member ROSSILLON, that Case No. WA- 96-6, an application by James Meadows, 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 is unfavorable topography of the lot which precludes the viable alternative.. WITH THE FOLLOWING CONDITIONS: 1. The applicant will have a qualified engineer ,certify that the foundation. is adequate. 2. The drainage cannot flow to the adjacent property. Motion seconded by Board Member JUNKER. Motion carried 4-1 with Board Member ECHELMEYER voting no. Resolution attached. B. Case No. WA-96-7: An application by Anthony Kelly for approval of a 9' side yard setback variance to the required 15' side yard setback to allow a_12' x.18' shed on property zoned Residential-One and located at 2981 Teller Street. Meredith Reckert presented the .staff report. All pertinent documents were entered .into record, which Chairman WALKER accepted. Board Member ROSSILLON wanted to know what trees. are causing a problem, and Ms. Reckert replied she believes they are referring to the two pine trees on the property. No further questions were asked of staff. The applicant, Roseanna Kelly, 2981 Teller Street, was sworn in. Ms. Kelly said her .husband came to the City and asked and was given the wrong zoning regulations. He was given the Residential-Two regulations and the excavating that he did was well within those regs. 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 28th day of ._ March 1996. CASE NO: WA-96-6 APPLICANT'S NAME: James Meadows LOCATION: 6540 W. 32nd Avenue Upon motion by Board Member ROSSILLON , 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-96-6 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 pp eby is APPROVED. A lication Case No. WA-96-6 be and her TYPE OF VARIANCE: A 4' side yard to the required 5' PURPOSE: To construct a detached garage 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 is unfavorable topography of the lot precludes the viable alternative. WITH THE FOLLOWING CONDITIONS: 1. The applicant will .have a qualified engineer certify that the foundation adequate. 2. The drainage cannot-flow to the adjacent property. VOTE: YES: Howard, Junker, Rossillon and Walker NO: Echelmeyer DISPOSITION:- Variance granted by a vote of 4-1. ED this 28th day of March, 1996. ~ OBERT WALK , Chairman Mary L u hapla, Secretary Board of Adjustment Board o djustment PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-96-6 DATE: March 28, 1996 R EQUEST: An application by James Meadows for approval of a 4' side yard setback variance to the required 5' side yard setback for a detached garage on property zoned Residential-Two and located at 6540 W. 32nd Avenue. ~ ; Position On Request; ; (Please Check) ; ~ i SPEAKER'S, NAME & ADDRESS (PLEAS E. PRINT) i IN FAVOR i OPPOSED~ i 1 - i5 d 4 4o , ~ ' ' c. s M.¢ ~ , 1 1 I 1 1 1 , j 1 1 , 1 1 1 ~ 1 -- i - - f .. - 1 1 1 1 1 ~ j 1 1 , ~ j 1 1 1 1 1 1 1 i 1 i 1 j 1 I , 1 ~ 1 1' 1 i 1 1 1 1 1 I ' 1 1 I ~ 1 ! I 1 1 1 i 1 i 1 -. - - _ -- i. _ 1 1 1 1 1 ~ 1 1 1 I 1 1 _I _, I .1 1 1 1 i 1 I 1 1 ~1 . 1 1 1 1 i 1 I ~1 1 _1 1 1 1 1 I 1 1 ~1 1 , 1 (.~ No. v~A -~ ~-!~ ~OSy~ w' ~~~~' ~~~ 4' Vow- ~° ~ ~ ~ ~c ,;~,, ~,Z ~ - v -~ Q,,v, a w"~'- 5 -I~-~ ~ ~ ~ 5~~~ 5,d~ ~ ..~ -~r~Ps~~