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HomeMy WebLinkAboutWA-96-9f The City of Wheat Ridge Applic Address Q~~\ Lv 3'~„,~a Phonea~y`~' Address S ~~ .. ~ Phone 5+~~-'~. Owner 5~~~ Location of request 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 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._land£ill/_ -mineral extraction permit ^ Other ~,.,. List..all persons and companies who hold an interest,. in the described real_ property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS ~ PHONE ~~ ~`iS~ l ~~S 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--tie accomplished. Applicants other than owners must submit power-b£-attorney from the owner which .approved of this action on his behalf. _~.. Signature of Applicant ~~ ~ ~" `~" - "=' Subscribed and sworn to me this ~ day of (~, 19 ~_ _ ,, SEAL My commission expires ADMINISTRATIVE PROCESS APPLICATION Department =of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 ., .a~^ ved Receipt No. Case No. ~\~~ bw~\~~A:~ '.~~ wow.\~ \~k~. ~~ b~~\~ ~:o~l~ '~\~..2 12~~.s\o,v r~i- ~~r~~~~- ~~.~ \oC~\~o~ ..+.u~s ~2c~~,~~-. --' `1 - S~c~ ~aZ~.\ \sYe.gz '~ ~~~ s ~~.\ ~Asco~~ ~ ~ ~- _ ~~~~s _w ~_~~v~- - _.. ~2 \C~ C~ yI(?~ W u ~,AV L C'_~+.C7S ~ ~2JOC.~\a ^N\. \~ K L. 1 ~_ ®V2. '~Jc~ 1n.3a\~ ~ ci~c ~wll~-~`C~26~ ~\~.~ _~U1~CVR~'e- \O L'o~.~~:Eu2v~ March 18, 1996 Board of Adjustment City of Wheat Ridge Dear Board Members: Re: WA 96-9, Request for 22' variance to the required 30' side yard setback, 8521 W. 32nd Ave. I would like to request your denial of this variance due to the negative impact on the neighborhood, an unacceptable and unwarranted request due to an individual inconvenience, and the possibility of setting a precedent for similar future requests. Si~rely, LaVonn Y ngbl 3200 Court 1`~ll` ~~ March 25, 1996 BOARD OF ADJUSTMENT GIT`f OF WHEAT RTDGE RE: WA-96-9, request for approval to the required 30' 8521 W. 32nd Avenue of a 22" variance side yard setback Dear Board Members, T would like to take this opportunity to present my concerns about the application for a variance in this case. In regard to section II of the staff report, Stem 3. If the variation were granted, would it alter the essential character of the locality? Yes, although an existing temporary steel shed, 8" x 10' and only 6' high, has occupied the location, {NOT 8' x 14' as stated in the application), the construction of a permanent building 14' x 2d" x 11' high WILL constitute a major and permanent change to the neighborhood. You must also take into account that although this large white building will technically be located in the applicants side yard, due to the geography of the Cody Court neighborhood it will be constructed in front of the existing line of houses to the north. Also, due to the fact that my house and front yard face the applicants side yard, frnm the east side of Cody Court it will become the largest most visible structure seen from my front window. Item 9. Would the proposed variation substantially diminish or impair property values within the neighborhood? Yes. During the last ten years there has been no attempt by the applicant to repair the sagging gutters, peeling paint, broken window, or the damaged shed in this area fiacing Cody Court. I believe that the addition of another structure closer to the street will further diminish property values on Cody Court. Thank you for your consideration. Sincerely, ~~~"~ Kenneth Flees 3210 Gody Gourt Wheat Ridge, CO .~~~ t2 n B f .~ ~~res~j~f~rFivi ~T y G f lyCll-~F_v4-T" !c c Der ©~ 2~~t-t s U~ dt ~ ~- H cE Z'~ F !~ ~1r. B t~ ~ ~. r y a' w f~( r~ r2c R ~ r~ u.~ ~7-i f~Cls 7-~ s Iluh tR.t vk n~ C..E. ~-~..(f~l~!/k Dy N~fIE ~ /cf®I.( crsN Foc2n~ rrcG T M o [.c.CS t-~ ~~ ~ 04-~ S,s- r P3oa ~. .~4- K o w ~ ,~- ~', r_ C.m ~~ c ~ e2 nt ,`.n u~- r3 0 ~~ -T' r (d w 2^~-F t s ~- a D , i i 6 ~r ~g ~. S~ '~.-~'~c~f< Nt ~Y f~ ~ Gt sK-D ~ spy cr w-~~y /r D (l~Ft~ I~2 /~~t2Son(S %~hfcG ~'eS~SS/a.cC ~~ 77~-t~ ~dZa f~~ ri°ry S ~~~ ~~~ ~ ~~~~ ~ ~a~ ~ ~ _ ,~ ~' ~~~ ~~~~~~~ ~s~z~l.~.~~~ G~~ ~~~ ~ G~~ ~ i~~~~ -~~ ~ ~ ~ ~~`~'~ ~~~~ 6 ~' ~~U~~ 4 ~a/c"9yG~ % ) ~~~~~ ~s o?~ 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, 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, Secr Wanda Sang, City Clerk To be published: March 14, 1996 Jefferson Sentinel ~ f -_~~ wES-,?TH AvEN:;E The City of _ ~. 6CX c39 .'..iEATni7GE.CO6DD3=-6336 1303123:-59CC - heat ;y Adm:r. Fax ~ 234-592.: °c!ic=_ Deot. Fex ~ 235.2549 - 1\idge POSTING CERTIFICATION CASE NO. ~~ ~~0-7 PLANNING, COMMISSION - CITY COUNCIL - BOARD OF, ADJUSTMENT (Circle One) HEARING DATE: /J /~~ ~~ /Jl ~/G~ I, residing at n a m e a a a r e s s as the applicant for Case No. ~ f} _y ~ _ y hereby_ certify that I have posted the Notice of Public Hearing at (1 o v a t i o n on this /~~ day of ,~ ~a iLC ~~ 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: ,~.(~?~ , ~~ (!moo 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 a:, • P.O. BOX 638 TELEPNONE~. 303/237-6944 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORAD080033 cWheat Ridge March 13, 1996 This is to inform you Ghat Case No. WA-96-9 which is a request for` a roval of a 22~ variance to the required 30' side yard setback next to the street on property zoned Residential-Two .. _ f ert located 8521 W, at 32nd Avenue or . prop y ..___ 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 March 28, 1996 All owners and/or their- legal counsel _of the parcel under consideration mu t 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 Bearing 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 "Tt2e CCIl'IlC1tl0Yl Clty,~ ** C023 _ ** C023 ** C023 Holly J,Scott Kenneth P_Flees Earnest E Youngblood 3245 Cody CT 32T0 Cody CT 3200 Cody CT Wheat Ridge CO 80.033-59.54 Wheat Ridge CO-.80033-5,955. Wheat Ridge CO 80033-.5955 ** C016_ Suzanne M Case City Of Wheat Ridge 8525 W 32nd Ave 'tanning & Development Wheat Ridge CO 80033-5911 _ '~;utlJesf29thgvenue °:at Ridge, Co 8p215 WA• a~c•O( C~U~~t 0~1~rG U~'S _ gSa ~ ~ , 3 a~ c~~ ~ ~ - >o~~a~~o~= n~ ~ O P 912 421 445 = 3 ~ _ _ ~T ± i N~A '~ms ~mm a A W c o c , ~ -- ° ~ -- i ~ ~ ~ °'lv~ 33 O) o O 7J W ~ °o .., n s+ .+ ~~~II I m ~ z l l~ ~,---°~ >H ~ o~ ~m~~ m °o _ `~'o_ P 912 401 446 v O Ww 0 0 P 912 401 447 ~ ~~ y I I ~ ...Z A n < m O ~ ~ m ~ ~ ~33 I ~ ~ ~ II ' ~ ~~ !f n o ~~ ~ 9 ~ ° ~ i rt ~ ~~ $ T ~ o ~ II ~ _~ i K £ m oo ~ `4~ a~ m g m s ~a ~) a :~ ~ ~ ~ m a Km SI ~ o m m ::; ~ ~~ J R >v - ° ' ~ A ~ m ~N (` ~ r l ~. ~ ( gg Za ~ r <~ l ~ + n C ~ o ~ I m „ ! , ~ ~ ~ i I ~ ' o i~ ~ m v o ` 3 D ~ r 9 ' m ){ i IMPORTANT. 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T I D ~ ~.' a ti C~ y tf/. ~ !e'er ~ ~~. <\ Q Q ~a < m ~~ N B m a Q Q N ~N Q N Q ' w __~m ~ . ~I D ay~y~ oni ~ ~ G = ^oa~" a " ` w ~ o ~ ", " m ~^ ~~~ gm~ ~ a ~3=n' - ~ ~ ~ y ~~o ANN y, ~ 6 O ? ~~'~ D V N T ' ~ fa. o ~a~ ~R 1 i ~ 19~ aao ~`r4 ~ (} G A god ~ P ~ C5 P E A d. `~ ~ ~ ~ ~ ~ Na I ~~ w c P' I w o °£~ '3 m'S~ ~ I F ' R- . o~w ~ rePn I - - ~ ~ $~~~o • ~ ~ m D t ~[ ~ o~~Da adoZ 1 m _ o SC ^L 3'y ~ ~ N A A ~ I ~ _ ~~~F• ~~. ~. ~ 1 ~ ~90 ~ I ,Y ~y +tlY Wr ~ ~ W o end $~R ~ w ~ 9~3 mao • ono , ~; ~ ~ a. ! 88"~ ~ w I ~ ~ ~~ z N "n~ ~ ~ i ~ w ' a w _F~ 3 m~$ o $~,y d $3~ ~~n ~ ~,8 ° 3 $ ~ E ~ ~ V P ~ 6 ~ ~ D N i ~ n_ O ~ ~ ~ ~ ~ y ^ ^ 1p ~ y m m fU Q S1D ~o ~- ~ 77 `° ' . a m a < f. ~ ~ N n m~ S m L~ N a ~ ^. o ~ O m o~ ^ r ~ p mm. a n I r o z ~ z m m m J .~ ~ ~ ~ % S N N N N J 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-96-9 /Jones CASE MANAGER: Sean McCartney ACTION REQUESTED: An application by Abe and Debra Jones for approval of a 22' side yard setback variance to the 30' side yard setback requirement far the construction of a 14' X 20' storage shed. LOCATION OF REQUEST: 8521 W. 32nd Avenue NAME & ADDRESS OF APPLICANT(S) Abe and Debra Jones 8521 W. 32nd Avenue Wheat Ridge, Colorado 80033 NAME & ADDRESS OF OWNER(S) APPROXIMATE AREA: 12,200 square feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Residential Single Family Same SURROUNDING ZONING: W:, E: and N: Residential-Two, and S: Crown Hill Cemetery SURROUNDING LAND USE: N W:, E: mixed multi-family and single-family residential and, S: Crown Hill Cemetery __ 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) EXHIBITS ( )SUBDIVISION REGULATIONS ( )OTHER JURISDICTION' The property is within the City of Wheat Ridge, and all noti4ication and posting requirements have been met, therefore, there is jurisdiction to hear this case. Board of Adjustment Staff Report Case No. WA-96-9 REQUEST Page 2 This Is an application for the approval of a 22' side yard setback variance to the 30' side yard setback requirement to erect a 14' X 20' private storage shed 8' from Cody Street. According to section 26-14 (F)(a) of the Wheat Ridge Zoning ordinance states that "Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. In this case "all" structures would pertain to the proposed storage shed. The applicant is hoping to construct this shed in the place of a previous nonconforming shed that had been destroyed in the winter snow storms. The previous shed, an 8' X 14' structure, existed on the applicants property since 1971. The applicant believes that this is the only location for the shed, since the remainder of the property has several mature trees. The applicants property is located on the corner of West 32nd Avenue and Cody Street. Cody Street, at this location, is a dead end street which otters vehicular traffic to Cody Street residences only. II. CRITERIA 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 if permitted to be used only under the conditions allowed by regulation for the district in which it is located? Yes, it 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. There are other corner lot properties located throughout the city of Wheat Ridge that were able to meet setback requirements. The house appears to be setback at least 60' from W. 32nd Avenue, leaving a limited backyard in which to place the shed. There are numerous mature trees in the front yard. 3. ff the variation were granted, would it alter the essential character of the locality? No, because there has been a shed located in the requested position for many years prior to this request. 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. At 12,200 square feet, the property offers plenty of buildable space to allow for a storage shed to be built within conformance o4 the ordinance in the front yard or on the west side of the house. 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 property'? 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 storage space. 7. Has the alleged difficulty or hardship been created by any person presently having an irderest in the properly? 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 properly or improvements in the neighborhood in which the property is located? No. The proposed storage shed is located well outside of the 25' sight triangle distance measured from the corner of Cody Street and W. 32nd Ave. 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 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. BS21 W~32tJti RV~ C~ JCrrCROV~~ ~.`~'~+~` OFFI G1 RL ~- ZONE DISTRICT 50UNDRY ZONING MAP - PAROEL~LOT 30LfVDRY (DESIGNAT-c5 OWNERSHIPI WH~}'tT RIDGE __:~ CITY LIMIT'_INE GOLORt~DO _ _ _ ,..LATER _ATURE 1~1J DENOTES ~'ULT~PLE ADDR=55'_5 MAP ,ADO°"fED: Jdne 15, 199 Lost Rehslon: =ebruory 8. 1995 ~aAe~rr o- =~wlue And o-v oar - ass-2e'~ 1 l~ ~ ! tea`°""v-e.. O b SCALE I"~7 ~e~urt~v ~ s I ~ fluyn~e E4ous~ r r 1 ` I l F~evJeYts~ ~ i r r ~ -~~ ~ ~. ~~ .' ~~ ~ 'pRtV~WA"{ /~ ~/~ ~o, ~~ f! W. 3z,Jo d,VE INN8 ~ I' {... ~.. PRoPo Sip s~}~ a O ~~ I ~ ~, s .\ \, ~~, -rr~a,.t~uE LEC~.~-- -(.loN Cm6,Fn~1~(O SG?~LC trr= Zor L: ~,~ ----_m --- ---_- 't T- 5 ' ~ 1.5., ,6 i ~ g 7 ti~~ i Sh z. ~ t _, _ - -_ _ ___ ~--' ~- l vo- - O0 \ N r' ~ _ N ~+ ...__. ~ ~ ~ ~' ~ ~ 1 rf a n r n I 3 . ~ _ ~~ r. s t _ -..~ ` i _ _ N ~ `l N X v X (D = ~ aX °= j_ 4i A ~ X h O _ - r x ___ -- -- ~ ~ Z - fl a . - - - _..__- _ N ~ O W X ~ X - ~ W z 'i ~ lfl ~ I--' Ol Oo 6t C ~ z '.- x _ _ _ >' m J w - ~ K ~ . ~ ~oxxx - W Xxx---a _ ~ ~ 5m r- ~ ~ Va . ~ ry ~ .~ ~~ rt . a ~ ~ a~ fl c r- ~ m ~ . J ~ i, ~~~ ~ fr m - - -- - ° _ :i u a N ~ c a ~ - -_-- _ --- ~-Yn - _ N ~~'' N ~ crm a _ ~ N n W p S - 3~ Q - _ ~- Ir ~_ ~ <W m ~ O r~'F -SS N N ~ O N O~ i-`.AN ~~ m ~ ?mW f=SC ~ rtz r ~~~ ~ aiv ~ 0.oo9on ec .~ - _ - r ~ n ~ .~ ~ ~ N n ~+ m s n ~ f/~ a N a ~, fD ~ O ~ n = 4P8EAT RIDGE SOARD OF ADJIISTMENT Page 8 MINQTES OF MEETING: March 28, 1996 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 Into _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 ECHELMEYSR 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 20' 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. ~PSRAT RIDGT BOARD OF ADJIISTMENT MINUTES OF MEETING: March 28, 1996 Page 9 He would like to have the shed 14' x 28'. There would be 8' walls with a 4/12 pitch, gabled roof. The highest point will be the same height as the gutters are on the-side of the existing garage. Board Member ECHELMEYER asked if the shed would have to be butted up against-the garage, and Mr. Jones answered no, they can be within 1 1/2 foot from the garage. That would allow him to get in between and clean up the leaves and branches. Mr. Jones said the siding will match the one on the house now. Ms. Reckert noted to have that small separation, it would require .the windows to be boarded up. Mr. Jones said the windows have been boarded up on the inside since the 70's. Board Member SCHELMEYER questioned if the 4 1/2' roof peak would be higher than the existing garage, and Mr. Jones said he has figured it to be only a 2' peak._ Board Member ECHELMEYER said the drawing shows the distance of the-top of the garage door to the top of the peak is equal to 1/2 the- height of the total garage. Mr. Jones said he figured out a 4/12 pitch would approximately be 24" in height. The drawing was done on computer and they were not sure if it was to scale. - _- Board Member ECHELMEYER said regardless, what the applicant has submitted is what would be approved as the size of the garage. Ms. Reckert added a maximum height condition could be put on .this for approval. Mr. Jones said his plans are to have 8' walls with a 2' peak. The measurement of the garage-right now from the _ ground to the eaves is about 9'11", so it will be 4 or 5 inches higher than the existing eaves of the garage right now. No further questions were asked of the applicant. Chairman WALKER asked if an owner were to rebuild that present structure. where the roof was crushed in from the snow, would .they need a permit and have to go through this same process. Ms. Reckert said the existing shed is non- conforming because of the non-conforming setback and if the applicant repaired it in place he would not have to do anything, however, if he would tear it down and rebuild it in the same place, he would. Board Member ROSSILLON asked what is the size limit for an ancillary building, and Ms. Reckert said the maximum for a shed is 400 square feet which they are almost at that now. WBEAT RIDGE BOARD OF ADJIISTMSNT MINUTES OF MEETING: March 28, 1996 Page 10 Board Member ECHELMEYER commented there is a big difference if an applicant has a shed 100 feet off_the main street and in the backyard with nice evergreens around it and only off maybe 5' from the code than a place that is sitting out like this house right off of a large-intersection and moving into an area of attractive homes where people_keep their properties up. There is no evidence here that this will help that neighborhood in any way. Board Member ECHELMEYER feels the neighborhoods in Wheat Ridge will continue being tore down until some of these existing ordinances are enforced. The neighbors that complained about this property say the problems have been there for a long time. If the applicant cannot correct .the problems now, what will he do if he just keeps expanding off of a residential street.. Motion was made by Board Member ROSSILLON that Case No. WA- 96-9, an application by Abe and Debra Jones, 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. The variance will be .detrimental to the neighborhood- Motion was seconded by Board Member JUNKER. Motion carried 5-0. Resolution attached. 4. CLOSE THE PUBLIC HEARING 5. OLD BUSINESS A. Board Member ECHELMEYER talked on the gradual break down of residential areas. Discussion followed. B. Discussion on motions. 6. NEW BUSINESS A. Approval of Minutes: February 22, 1996 Motion was made to approve the minutes of February 22, 1996 and carried 5-0,. 7. ADJOURNMENT Motion was made by Board_Member ROSSILLON, and seconded by Board. Member HOWARD, that the meeting be adjourned. Meeting adjourned 9:20 p:m. ~ ~ ~~ ~ Mar o Chapla, Sec etary 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-96-9 APPLICANT'S NAME: Abe and Debra Jones LOCATION: 8521 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-96-9 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 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 IT RESOLVED that Board of Adjustment Application Case No. WA-96-9_, be and hereby is DENIED. TYPE OF VARIANCE: A 22' side yard setback to the required 30' PURPOSE: To construct a utility 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. The variance will be detrimental to the neighborhood. VOTE: YES: Echelmeyer, Howard, Junker, Rossillon and Walker NO: None DISPOSITION: Variance request denied by a vote of 5-0. DATED this 28th day_gf March, 1996. R ER WALKER, Chairman Mary o apla, Secretary Board of Adjustment Board of ljustment PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-96-9 DATE: March 28, 1996 REQU EST: An application by Abe and Debra Jones for approval of a 221 variance to the 301 side yard setback next to the street on property zoned Residential-Two and located at 8521 W. 32nd Avenue. 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