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Home My WebLink AboutWA-96-7The City of ~]Vheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat .Ridge, CO 80033. Phone (303) 237-6944 Applicant~~g~°-J-'~.,~„~, k~c.t.Y Address~ ',S-1-TFLL~r2 SLPhoneu2s-i.~~~5 Omer 5"J~,m~ Addres's Phone Location-of request ~ cj ~ ( - ~`C L•L ~ f~ S 1 ~ ~~ Type of action requested-(Fhec$,one or more of the actions listed below which pertain to your request_-)- Change of zone or zone conditions Variance/Waiver - Site development plan approval Nonconforming use change Special use permit - ^ Flood plain special exception Conditional use permit Interpretation of code - Temporary use/building permit Zone line modification ___ Minor subdivision Public Improvement Exception Subdivision - Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ - [] ** See attached procedural guide _ mineral- extraction permit for specific requirements. ^ Other Detailed Description of request ~J~/Ln 51-IG(~ Gov r\1,U~, CoZ,~c?n O(-- r ~'s~ ~~ ~ ~ .~ z (2-~ List all persons and companies who_hold an interest in the described.reai property, as owner, mortgagee, lessee, o ptionee, etc NAME ADDRESS PHONE --~ ~i~~,(~! CLL(;S~ ~i ~3~^J`7G5 ~ELt~ ,~ 1~ ti~I 4, ~~.f~ f [y j C~ hn~f~. ~- ~ IOVL ~PJ f..~ ]Yl `~~ Y~..~~SL G/~ ~ ~<~GTInI 7X ~S,7C"~ -- I certify that the information and exhibits herewith submitted are true_-aid 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 acti on cannot lawfully.be_accomplshed.- Applicants other than owners must submit power-of-attorney from the owner which approved of th' ion on his beh alf. _- - ~ - Signature of Applicant __ 1~~ Subscribed -and sworn me this 2Z~ d f ~P'LLGLL%iy/, 19 - ~w ""'~ 'a~i~ ~~~ L ~~c ~'~ 'T ' i BUT " "•" ~ ' 3 Nota r Pu c .,~ t SEAL «'': t ZI ~'` k My c commission expires ~~ ~• ri ~;~ ; ~ I7a-~,c~ Receive~'C~L L ,b Receipt No. "rt~~ ease No. `\;,~ fib •C~~OQ`Q - ,~^,~, FUM Jor rrnrzd thr~ Onq of , A. D. IH_ , rat o'clock _ rs.r.rro•„ n•,. f+r TIi1S DEED, 9mde this 25th day of March Is 88 ,between FOSTER MORTGAGE CORPORATION, a Texas Corporation a corporation duly organized and existing under and by virtue of the laws of tl,e State of Texas of the first part, and ANTIiONY W. Y.ELLY whose legal address is 2981 Teller Street, Lakewood, CO 86215 of the County of Jefferson and State of Colorado of the second part: frF.l URbF,Ii. nCl'VT'. WffNESSEI'Il, That the said party of the first part, for and in consideration of the sum of SEV EN'L'Y `1'WO THOUSAtdll FIVE IIUNDRED AND NO/100ths---------------------° DnLl,nas, to the said party of the first part in hand paid by the said part y o[ the second part, the receipt whr. nett is hereby ronfessed and acknowledged, has granted, bargained, sold and conveyed and by these presens does grant, bargain, sell, convey and conffirm unto the said party of the second part, his heirs and assigns forever, all of the following described bt or parcel of land, situate, lying and being in the county of Jefferson and State of Colorado, to-wit: The North 121.56 Feet of the East .146.05 feet of Lot 4, Block 1, BARTH'S SUBDIVISION, County of Jefferson, State of Colorado.. also known as street and number 2881 Teller Street TOGETHER with all rand singular the hereditaments and appurtenances thereunto belonging, or in anywisr, appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demmtd whatsoever of the said party of the first part, either in law or equity, of, in and to the abm~e bargained premises, with the hereditaments rand appurtenamces. 70 IIAV6 AND TO HOLD the said premises above bargained and described, wish Iho appurtenances, unto the said part y of the second part, I11S },eirs and assigns forever. And the said FOSTER MORTGAGE CORPORATION, a Texas Corporation party of the [first part, for itself, and its successors, does covenant, gent, bargain and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents it is welt seized of the premises above conveyed, as of a good, sure, perfect, absolute and inde[casible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and cm,vcy the same in manner and form a[oresald, and that the same are tree and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrnnces of whatever kind or nature soever, EXCEPT the general taxes and assessments for 19f38 and subsequent years; Subject to easements, restrictions, >:,eservations, covenants and rights of way of record or in existence, iE any. and the above bargained premises in the quiet and peaceable possession of the said party of the second part hls heirs and assigns, against all and every person nr persons lawfully claiming or to claim the whole or any part therei,f, the said party of the first part shall and will WARRAN'C AND FOREVER UEFENU. IN WITNESS WHEREOF, The said party of the first part bras caused its corporate. name U, bo hereunto subscribed by its Vice President, and its corporate seal to be hereunto affixed, attested fiy its Secretary, the day and year first above written. Attest: Sac ratury FOSTER MORTGAGE CORPORATION, a T~xa&~9~p9-~@~4n srATE oe/c,C~L~~~'1/cy'Pexas + {ty-__ )} ss. W.C. Pickens, Vice Presie~e7tt County_of Harris 'the foregoing instrument was acknowledged before me this day of March ts88 by W. C. Pickens `"' as Vice rresident amt as SerreVvv nC Foster Mortgage Corporation, a Texas :/corporation. b],y notarial commission expires Witness my hand and official seal. No nOB COMPUTER WARRANTY DEED-CORPORATION-SPECIAL ore r r „nr r,. n. rn. onrvrn .. .,,, D11533/D0253511 . "c C a' ~, ~"'r L~„at" rr~ .,....,,~y,.~u- ~ A Lid D S U R d E .r ! N G $d 60 WARD ROAD SUITF_ I60 ARVA DA, COLD RADO BOOOZ (303)d20-4788 14 iµ PROVEN EN7 LOCA.YION CERTI FIGATE M1 1 I f_ `y 07.0 / e ~~ ~,n YI . ~ ~- C~ N _. rviora~oAUt~uc?c~.{"IEL`CEii'~j~~._~..._.._:,.,.~r..~ p,D DRE55~ 80 BROW ERS NAME - - - --- ' s i I I _J ~-r ~U oi- ~ ~' ~ ~~ . l ~__~ iP LEGAL DESCRI P'flO:y - ~oea cu[nn ~SEc A~TACyEU LEGr~L DESCF:14>1'{OX t J l.~ ~~ -v- a°~ . 01 C'1 2r~~ - - ~ 41a ,05' 24° 9 ~ 1 ,, ~ I --~ C T .j ( ~~ i ~i 1 ~~ 1~1 ~ ~ ~ ~`' --- ~ i_ - - - - -----1 C. ~_ ____ I GG t3G . ~~ P on certificate web PfeP~°~ tc: ,lid;. !C '.o no? ~ 1._m~d S~~r.~oy Pi :' 1<r.owlydPn, fnforTatio,n `~O~~t~'elief, ~ ehy~r,, rtif ihaL this im ev_mOnt VocF `,p a~ L+ut1~11n~, ~~.,~ f~~?^'~r ~i?~~i S)~, NOTICE OF PIIBLIC BEARING Notice is_hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on March 28, 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-96-6: 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 5540 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 i2' x 18' shed on property zoned Residential-One and located at 2981 Teller Streete 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-Two_and located at 8521 W. 32nd Avenue. Mar L Chapla, ecretary _° _ - - - Wanda Sang, City Clerk To be published: March 14, 1996 Jefferson Sentinel } P.O. BOX 636 'TELEPHONE: 303/237-6944 The C/fy Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 Wheat Ridge M,arch.l3; 199b. This is to inform you that Case No. WA-96-7 which is a request for approwal,of a 9.'' side. yard setback variance to the required 15' side ":yard s.e.tback to allow. a_12'' x 18'' shed on property zoned Residential-One for property located. at 29.81 Teller Street - will be .heard-by the Wheat Ridge BOARD OF ADJUSTMENT in the Council-Chambers of -the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M. on March 28, 1496 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 i-Tearing 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" ;t,~ ~ iir~`; ~~>~;:: 1 ,. ~~ r ~, i; ~~; ~ ;~. ~_.~ ~. 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(_ oa=.3~~ 30 a lDN'm 9~a J _m J .~+ 1 _ my (p m.. _m~4 2m N (D 4J F ¢ N 1~~0 ~mw , D D n °-'O na~ ro a p ~ d ~ o m v r3 ~ pp.. ~ ~ ~ y a1y ~ ~y W c't~] ~~N v0 ~ 0 Ate' ~~`yy W ' Q60 0 V V ~ ~ ad ` 0 . rt C.5 _ m ~G ~ '~ \ hY f1' s. ' to p J ~ G' ~ C _ oF~ 3 aa~ $ ~= ~ u . a~g ~ ~- ~3~ ~ ~A ~p ma A $ l H I ~ to m H ~ 37 ~ ~ 6 OJ v 6 ~ ~ 3' d O O ; - - ¢ ~ m ~ ~ ~S .~ N y y gyp( < IC{ ~ Cl ~ N o_ N ... S ~, f /1 ~ ~ '" O n .~ ~ C y ^^~9? .~ N ~ m N ~ Q 7J D u o = y Q `G ~ i . N Q 5 ~ O ~ 0 . .y T C7 n y m~ ~ y tU y ' m ~ O N p_ ~ 3 ~ y °~ m o r } am ~- ~ma~m ~ . ~x~ Q ry y ~ N ** C058 ** C058 ** C058 Louis*J Van Dyke Steven J Duran Patricia B Kirk 2970 Upham ST ~ 3000 Upham ST 7 ' 2980 Upham ST Lakewood CO 80215-6736 Lakewood CO 80215-6736 37 6 Lakewood-CO-80215- - ~ ** CO58 ** C058 ** C058 - _ Louis J Van Dyke Leonard L Kearns. Co DCP. 3060 Teller ST__ __ _ 3015 Teller ST 2971 Teller ST Lakewood CO 80215-6727 Lakewood-CO 80215-6730_ Lakewood CO 80215-6729 ** C058 ** C058 James P-Reed Abe Yenkin Ave 7195 W 30th 7190 W 30th Ave - Lakewood CO 8021.5-6813_ Lakewood CO 80215-6814 dVA-q4.-"t Q~o~y ~~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING• March 28, 1996 DATE PREPARED: March 20, 1996 CASE NO. & NAME: WA-96-7 f Kelly CASE MANAGER: Sean McCartney ACTION REQUESTED: 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. LOCATION OF REQUEST: 2981 Teller Street NAME >I< ADDRESS OF APPLICANT(S) Anthony Kelly 2981 Teller Street Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 17,666 square feet PRESENT ZONING: Residential-One PRESENT LAND USE: Residential Single Family Same SURROUNDING ZONING: W:, S: Residential-One, and E: Residential-Two and N: Residential-One A SURROUNDING LAND USE: N W:, E: and S: mixed multi-family and single-tamily 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) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBRS ( )SUBDIVISION REGULATIONS ( )OTHER JURISDICTION: The property Is within the City of Wheat Ridge, and- all notitication and posting requirements have been met, therefore, there is jurisdiction to hear this case. Board of Adjustment Staff Report Page 2 Case No. WA-96-7 G REQUEST The applicant is requesting an approval of a 9' side yard setback variance to the required 15' side yard setback to allow a 12' X 18' shed 6' from the property line. According to section 26-10 (F~, a shed built within the Residential-One zone district must have a 15' side yard setback and a 5' rear yard setback. As the plan shows, the applicant, began excavating the shed's foundation too close to the side property line. When he came to the Building Department for a permit to pour the concrete, the applicant was informed that his setback for the shed was not in compliance. The applicant believes the proposal is an ideal location for the storage shed. He argues a shed that is built within compliance of the zoning ordinance would farce the removal of two mature pine trees. 11. CRffER1A Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 1. Can the property in question yield a reasonable return in use, service or income ff permitted to be used only under the conditions allowed by regulation for the district in which it is located? Yes, if the variance is denied, the use of the property will remain that of single-family residential. 2. Is the plight of the owner do to unique circumstances? No. The plight of the owner is not due to unique circumstances. 3. R the variation were granted, would it alter the essential character of the locality? No. In fact, the property owner to the north has a storage shed, from the 50's, that is currently located closer than 5' from the side property line. 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 no particular physical surroundings, shape or topographical conditions of the property that would result in a hardship. The property is larger than a typical Residential-One lot (17,666 square feet versus 12,500 square feet minimum) providing alternate locations for placement of the shed. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. Anyone may apply for the exact variance in any other instance, but the outcome may not be the same. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the properlyrd 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? Yes. The hardship of this variance was specifically self-imposed. 8. Would the granting of the variance be detrimental to the public welfare ar injurious to other property or improvements in the neighborhood in which the properly is located? No. The granting of 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 properly values within the neighborhood? No. The proposed development will not impair the adequate supply of light and air to adjacent properties, nor will it create congestion in the public streets. C ZqS ~ TEL~~f~ >- Z V oz N x 31 LL uw C i:i f- R' O O J _Z J t/~I" I GI TCL ~ ZONE DISTRICT 30UNDRY ZONING MAP - PARGEL,LOT BCYutiDRY WH~,°tT RI DG~ (DE516NATE5 OWNE+25rPiP1 _-~ ~ C!TY LIMIT LINE GOLORt'cD0 ---- iNATER FEATURE DENOTES MULTIPLE ADDRESSES MAP ADOPTED: Junt 15, 1994 ~A"n'iNJv7 OP PIJJViJIrIC AW7 DN<3P."Tt3JT -235-2851 ~~ ~V ..~ a 'A im aT %o M SGA~E , _~ L,iKEWOOD p¢opos9EC~ 5~4EU i ~ ~ ~ j ~Z~ i ~---- ~ ~$~ S4{EY> LUG4TlDls C~ 13U~~-'~ y-o LoMpLY WITL} ~EGt,~I~."R~~ ~K~sr!!J~ Sitir~cC FgnncY RE Llb~ CC-' ..^.. __ /2/r ~.._._ .. .. _~ ~~~ sca~E ~°=20 ya88AT 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 haveor~othisethingr andtMS. go out over the property line to supp Reckert agreed ._ No further questions were asked. Motion was made by, Board Member ROSSILLbe~APPROVEDSforotheA 96-6, an application by James Meadows, following reasons: 1 and based uponstheaBoardes conclusionslaelativeetonthe nine specific questions to justify the oTtltheegranting evidence and facts in this case do supp of this request. of the lot which 2 precludesuthevviable 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 referring tonahestwoepinettreeslon the property they are 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. WHEAT RIDGE 80ARD OF ADJIISTMENT page 6 MINIITES OF MEETING: March 28, 1996 If they were to move the shed in 15' they would have to remove the smaller pine tree. They wanted to keep the shed off the yard as much as possible because they really like having the wide open yard and sacrificed by buying a smaller dwelling because they love the larger yard. Board Member ECHELMEYER stated in looking at the site he did not see any impact on the trees even if they moved the shed out, and Ms. Kelley replied it definitely does, but you probably would have to see it from the yard because it is hard to tell from the angle on the picture. Board Member ECHELMEYER said he does think the proposed shed is in the nicest spot it can be because it would be shielded by the trees on the east and the fence and unit to the west of it. Board Member ROSSILLON questioned why couldn't the 12' x 18' shed be .turned 90 degrees making the shed 18' x 12' and staying within the setback. Ms. Reckert commented that when Mr. Kelley applied they had talked about that, but it would create a worse problem with the tree. Board Member ROSSILLON said he feels there may be an alternative. Ms. Reckert said it would have been helpful if the trees were shown on the plan. _ It was noted there were no complaints received. No further questions were asked. Motion was made by Board Member ROSSILLON that Case_No. WA- 96-7, an application by Anthony Kelly, be DENIED-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 not support the granting of this request. 2. There appears to be an alternative location. Motion seconded by Board Member HOWARD. Motion for denial carried 4-1 with Board Member ECHELMEYER voting no. Resolution attached.. C, rase No WA-96-8: An application by Wayne and Alice Hinkle for the approval of a I0-' rear .yard setback variance to the 30' required rear yard setback for property zoned Residential-Two and located at 3420 Garland Street. Meredith Reckert presented the staff report. A11 pertinent documents were entered into record, which Chairman WALKER accepted. 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-96-7 APPLICANT'S NAME: Anthony Kelly LOCATION: 2981 Teller Street Upon motion by Board Member ROSSILLON , seconded by Board Member HOWARD ,_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 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 ZT RESOLVED that Board of Adjustment Application Case No. WA-96-7 , be and hereby is DENIED. TYPE OF VARIANCE: A 9' side yard setback to the required 15' PURPOSE: To allow a 12' X 19' shed 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 not support the granting of this request. 2. There appears to be_apalternative location. VOTE: YES: Howard, Junker, Rossillon and Walker NO: Echelmeyer DISPOSITION: The variance request denied by a vote of 4-1. T this 28th dar of March, 1996. ~ ~ ROBERT WALK R, Chairman Mar o 'hapla, Secretary Board of Adjustment Board Adjustment PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-96-7 DATE: March 28, 1996 REQUEST: 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.. 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