HomeMy WebLinkAboutWA-96-8The City of
The at ADMINISTRATIVE PROCESS APPLICATION
~Ridp~e Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 8.00.33
Phone (303) 237-6944
Applicant
Owner .5/'~f~(~ ~S RpQI! C.~PJT Addres's
Location of .request
Phone 232-~3 L
Phone
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
e Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
Detailed .Description of
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_.persoris aril companies who hold an interest in-the described real
proper y, as owner, mortgagee, lessee, optionee, etc.
ADDRES
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 action cannot lawfully be accomplished.
Applicants-other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf. ~,,f,~
Signature of Applicant
Subscribed and sworn to i[Ce this ~ day of _,~ 19 ~ _ _ _
SEAL __
.'i ~'P RP!'!Pl[1P l~
My commission expires ~ - ,~-,~ -cjC~
_ _._ _. A-o r. e ~ .~+ N.-. n _ _. _ ~.
_ __
RETURN ORIGINALTO:
77.RST NATIONWIDE MOR'T'GAGE CORPORATION
POST CLOSING/RECERTITICATION DEPARTMENT
P.O. BOX 960
TREDERICI{, MARYLAND 21705-0960
[Space Above This Une For Recording Data]
DEED OF TRUST
THIS DL3BD OP TRUS'T' ("Security InstrumcnC')) is made on ................~~~i:
1995.--, among the grantor, WAYN-',l-S:IIINRLIsANU ALICIsJ ;IIINKLG__---,
.........--.__..~,,..-_.r........_.~_~_______._("Borrower"), the Public Trustee of
Ciu,mv ("Trustee"l. and the beneficiarv .........................................._--------..............._.
under the laws of
and whose address is
# 0003665890
,.which is organized and existing
52RU CORI'OI2A1'E DRIVF,, 1?Itlil)IsR1(:-IC~_MAI?,YLANI) 217Q1--------------__------__,-__.._.._-........--........_„__.("Lender").
Borrower owes Lender the pprincipal sum of ... ONl IIUNURT?i)_l;i[H2_I:Y S1sVF.N 1;[IQUSAND-S[X---------------------__,--_._-,
IiUNi)RI;U A_NU NO / 100 - Dollars (U.S. $ ..I37,C1)0 llfl-.-___- ....). -1-Lis debt, is evidenced by Borrower's note
dated the same date as this Security Instrument ("Note") which provides Cor monthly payments, with the full debt, i[ not
paid earlier, due and payable on ..........AUGUST'-Ol,.2Q--5_-__-.---_ --..-._.-......-.._.... This Security Instmment
secures to I~nder. (a) the repayment o[ the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications of the Note; (I,) the payment of all other sums, with ioterest, advana:d under paragraph 7 to protect the security
of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument
and the Notc. ror Nris purpose, Borrower, in consideration of the debt and the tntst berein created, irrevocably grants and
conve s to Trustee, in trust, with power of laic, the following described property located in .........................._....._.-_.....-......
JLrT~.~':TtsON.__~.-_.......,~.....~ .................._-__.- ---°-----°---..-.......... county, Colorado:
'I'!IE SOU'I'I[ 75 hEET OP"1'IIA'[' I'AR'P OF'1'tIE NOR'1'IIEAS"1' ONE-QUAR'1'IsR Or TIIE SOU'I'f[EA5I'
ONI QUAR'1 F.It OF'1'IIE NUR'i'IRVE.S"1' ONE-QU.AIL'PIiR OF S1sCTION 27,'I'OWNSIiIP 3 SOU'1'I[,
RANGE C,') WEST' OF'1'IIIs CI'I[ P.M, BEGINNING A't' A POIN'T' 910.55 hEL1' NOR'1'It OF T'Hli
SOU'I'!11sASl' CORNER OhTIIIs NWI/4 Oh SAID SECTION 27, THENCE W EST IGS-7 rEEI';
TIIENCL' NOR'1'II A'1' RIGHT ANGLES 262.9 FEET, "['HENCE L,A.Sf AT RIGIITANGLES 165.71Tb;1',
1'IIENCE SOUTIi AT RIGIITANGLES, 262.9 rEE'P'1'O TI[E I'OIN'f OP BEGINNING, EXCEI''f TILE
WEST IS ' ' ET'TIIEREOR, COUNTY OIL JErrERSON, SPATE OP COLORADO.
which has the address of ...........342(1 GAI2I,ANU SI;RLI?T WIT['sA"FRIDGE„,,,,,,,,,,,,,,,,,,,,,
t9wep ~ - I ~NI
Colorado ............... SQQ33dif1U11-_-_-..........-. (,Property Address");
Izv caee~
ToGmiEa Wrnt all the improvements now or hereafter creased on the property, and all casements, appu«enanccs,
and fixtures now or hcrcattcr a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instntmcnt as the "Property' "
13otutowrrtCovENAN'ts that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and conve}' the 1'ropeny and that the Property is unencumbered, except for encumbrances oC record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
CLOSIsIt ID: I04'J5 ODU36C,SR9U
COLORADO -Single Family -Fannie Mae/Freddte Mac UNIFORM INSTRUMENT Form 3006 9/90 (page 1 o/7pageaJ
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To: The City of Wheat Ridge Soazd of Adjustment
From: Wayne and Alice Hinkle
3420 Garland Street, Wheat Ridge, CO 80033
(303)232-9351
Re: Variance Request or setback of a garage on the east side of our praperty at 3420 Garland
The following is a list of names and signatures of the neighbors surrounding our property that may or may
not be affected when we build our garage. We are requesting a variance on the zoning codes that require a
30' setback of the building. We would like to build the garage to have the same setback as the City building
located to the north of our property at approximately 3440 Garland Street which is 21' from the edge of
asphalt on Gamson and the neighbor to the south which is 23' from fhe edge of asphalt on Garrison. fill
other garages on Garrison have setbacks ranging from 19' to 25'. We feet that by the City of Wheat Ridge
applying the zoning code to the strict letter of the regulation, it will present undue hardship on our family
through unnecessary loss of usable backyard recreation azea. 'T'hank you to our neighbors for signing this
notice and to the Tioard of Adjustment for consideration of our request.
NAME SIGNATURE ADDRESS PHONE
~~
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NOTICE OF PIIBLIC HEARING
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 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-Two and located
at 8521 W. 32nd Avenue.
Mar L Chapla, ecretary
Wanda Sang, City Clerk
To be published: March 14, 1996
Jefferson Sentinel
_ ~. sox zss The City of
:.-1EAT nivGE. CC 8003=-0335 -~- - -.3031233-590 cWheat
,; :y Admm. Fax s 234-592= - Ponce Deor. Faz r 235-299 -~'~idge
[~ POSTING CERTIFICATION
CASE NO. ~~ - 4l{I~ -~~~~~
PLANNING COMMISSION - CITY COUNCIL BOARD OF. ADJUSTMENT (Circle One)
HEARING DATE: MarG'~ Z.O I ~`I~O
residing at
as the applicant for Case No.
(name)
,rtid. ~-, U~hea~- ~ gOf~33,
(a d d r e s s)
W ~ - ~ ~ ~ p hereby certify
that i have posted the Notice of Public Hearing at
(1 o c a t i o n)
on this ~~`day of J` tGl-'('~ 19 ~, 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:
NOTE: This form must be submitted at the pub is hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
_~ -~
3~ UJ ~ M A P
~^ ~
v I~
<pc>postingcert
rev. 05-19-94
~- -P.~J. BOX 638 TELEPHONE. 303/2376944 The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 Wheat
Ridge
March.l3; 149.6
This is to inform you that Case No. WA-9b-8 which is a request _
for approval,oP a, 10` rear yard setback variance to the 30'' required
rear yard s.ettiack for property zoned Residential-'ltao
for property located at -3420 Garland 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,,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
"'I'Ize Garnatint~ C'ii»"
' ~ ** 0016 ** .0016. *~ 0016
Wanda F Boisvert Harold J Stalf Harold G_Omer
3445 Garland ST 3401 Garland .$T 3400 Garland ST
Wheat Ridge CO 80033-5825 Wheat Ridge 00,80033-.5825.. Wheat Ridge 00.80033-5826:_
** 0016
Albert Bellio ___
3385. Garland_ST
Wheat Ridge CO 80033-5823
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: March 28, 1996 DATE PREPARED: March 21, 1996
CASE NO. & NAME: WA-96-8 J Hinkle
CASE MANAGER: Sean McCartney
ACTION REQUESTED: An application by Wayne and Alice Hinkle for the approval of a 10' rear yard
setback variance to the 30' required rear yard setback to construct a 24' X 26' two car garage.
LOCATION OF REQUEST: 3420 Garland Street
NAME & ADDRESS OF APPLICANT(S) Wayne and Alice Hinkle
3420 Garland Street
Wheat Ridge, Colorado 80033
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: 12,375 square feet
PRESENT ZONING: Residential-Two
PRESENT LAND USE: Residential Single Family
SURROUNDING ZONING: W:, S: and N: Residential-Two, and E: Residential-One A
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: ( ) ( )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.
I. REQUEST
The applicant is seeking approval of a 10' rear yard setback variance to the 30' rear yard setback
requirement adjacent to a public street to construct a 24' X 26' (624 square feet) two-car garage.
According to section 26-74 (F) of the Wheat Ridge Zoning ordinance, a property located in the
Residential-Two zone district is allowed 1,000 square feet of detached garage space, per unit.
The property is adouble-fronted lot with frontage on Garland St. with Garrison St. running along
the rear property line. There is currently an existing 19' X 26' two-car attached garage. The
applicant is proposing this additional free standing garage space to house the additional vehicles
that he currently owns, as well as a pipe fitting truck.
The applicant feels that the proposed location will be congruent with the existing garages located
on adjacent properties (staff could not locate any evidence of previous variances approved for the
adjacent properties, but the garage locations are shown an the attached aerial photograph labeled
as exhibit A).
11. CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for an
adjustment:
1. Can the properly in question yield a reasonable return in use, service or income "rf 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?
Yes, adouble-frontage lot could be considered a unique circumstance.
3. H the variation were granted, would it alter the essential character of the locality?
No. The adjacent property owners, as well as others on the block, have garages located within the
30' rear yard setback requirement.
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 rngulations were cartied out?
It is unusual to have adouble-fronted lot, however, at 12,375 square feet, the property offers plenty
of buildable space to allow for a garage to be built within conformance of the ordinance.
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 exclusivey upon a desire to make money out of the
Propel
No. The purpose of this variance is not based exclusively upon the desire to make more money
out of the property. The proposal is solely for additional parking and storage space.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No. The hardship was created when the area was subdivided.
8. Would the granting of the variance be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located?
No. 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 safely or substantially diminish or impair property 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.
3}20
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WSEAT RIDGE BOARD OF ADJUSTMENT page 6
MINUTES OF MEETING: Merch 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 ECHELMEYE_R 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 ma__king 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. -- 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.
Meredith Reckert .presented the staff report.. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
r ,
WSEAT RIDGE BOARD OF ADJIISTMENT
MINIITSS OF MEETING: March 28, 1996 Gage ~
Board Member ECHELMEYER questioned what is the brick
structure to the north,.-and Ms. Reckert replied she believes
it is owned by Public. Service but she does not know what it
is used for. _ _ .._
Board .Member ECHELMEYER asked how long has the structure
been there, and Ms. Reckert said she does not know for sure,
but quite awhile. Chairman WALKER added he thinks it is a
pump house.
Board Member ECHELMEYER asked if that structure would still
have to meet residential setbacks, and Ms. Reckert answered
yes, staff would consider that an accessory structure which
would still have to meet the 30' setback. if it were to be
built today.
Board. Member ECHELMEYER said it seems
along Garrison Street if they dropped
the code that the applicants would be
the whole west side of the street and
saying there was a specific 15' setba
1992 in the area.
to him when going
back 30 feet and fit
the exception along
Ms. Reckert agreed
~k variance granted in
No further questions were asked of staff.
The applicant, Wayne Scott Hinkle, 3420 Garland Street was
sworn in. Mr. Hinkle said out of 16 properties in the area,
there-are 9 garages that are 16.' back, 2 garages that are on
the property line, 2 garages that are 5' back, 1 garage is
about 12' back, one 12 1/2', and one 14' back, so basically
no body is within the code as it is now.- What he wants to
do is have the front. of his garage even with everyone else.
The applicants liked the big lot and had this planned out
and they talked to Sean McCartney about building the garage,
but never got into the setbacks because they naturally
assumed they could do what everybody did. Also, if they
went 30' back they would_be in the root system of one of
their trees. Mr. Hinkle said they would like to save as
much yard as possible as they do have a dog and a little
girl.
No questions were-asked of the applicant.
Motion was made by Board Member ROSSILLON, that Case No. WA-
96-5, an application by Wayne Hinkle, is 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
WHEAT RIDGE BOARD OF ADJIISTMENT
MINOTES OF NESTING: March 28, 1996 gaffe $
nine specific questions to justify the variance, the
evidence and facts in this case do support the granting
of this request.
2. The owner has a unique circumstance as this is a double
frontage lot.
3. There are several lots with similar setbacks.
Motion was seconded by Board Member ECHELMEYER. Motion
carried 5-0. Resolution attached.
D. 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.
Meredith Reckert presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted. Ms. Reckert noted there were 3 letters of
objection that were handed out to each member.
Board Member ECHELMEYER said on the back of the existing
garage there is a large flat roofed addition that extends
almost to the neighbor's fence, and asked how long has that
addition been on, and Ms. Reckert answered she does not know
but the applicant can probably answer that. The drawing
that was submitted shows an existing 5' rear setback which
is assumed it is to the edge of the back of the garage.
Board Member ECHELMEYER asked if there was-any kind of _,,
variance given for the existing shed, and Ms. Reckert said
no there was not, and according to what they have submitted
it was there since. 1971. Today that would be non-conforming
relative to the code unless the variance were granted.
Board Member ROSSILLON said the existing shed is quite a bit
smaller than what is being proposed, and Ms. Reckert..replied
yes, the previous shed was 8' x 14' and they are proposing a
14' x 2.0' shed.
Board Member ECHELMEYER asked if there were any of the _,
people present that wrote the letters of protest, and Ms.
Reckert said she does not know.
No further questions were asked_of staff.
The applicant, Abe Jones, 8521 W. 32nd Avenue, was sworn in.
Mr. Jones said their shed was destroyed this fall. with the
snow storm and the proposed shed would be approximately in
the same spot_
~-
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 , 199.6.
CASE NO: WA-96-8
APPLICANT'S NAME: Wayne and Alice. Hinkle
LOCATION: 3420 Garland Street
Upon motion by Board Member ROSSILLON , seconded by Board Member
ECHELMEYER , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-96-8
is an appeal to this Board from the decision of an Administrative
officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment
to the public welfare and without substantially impairing the
intent and purpose of the regulations governing the City of Wheat
Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment
Application Case No. WA-96-8 ,_ be and hereby is APPROVED.
TYPE OF VARIANCE: A 10' rear yard setback to the 30` required
PURPOSE: To construct a 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. The owner has a unique circumstance as this is a double
frontage lot.
3. There are several lots with similar setbacks.
VOTE: YES: Echelmeyer, Howard, Junker, Rossillon and Walker
NO: None
DISPOSITION: Variance granted by a vote of 5-0.
D D this 28th day of March, 1996.
~~~
R WALKER, Chairman Mary Lou, apla, Secre ary
Board of Adjustment Board of justment
PUBLIC HEARING SPEAKERS' LIST
CASE NO• WA-96-8 DATE: March 28. 1996
REQUEST: An application by Wayne and Alice Hinkle for the approval of a
10` fear yard setback variance to the 30` required rear yard
setback for property zoned Residential-Two and located at
8420 Garland Street.
Position On Request;
(Please Check)
SPEAK ER'S NAME ~ ADDRESS (PLEASE. PRINT) i IN FAVOR i OPPOSED i
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