HomeMy WebLinkAboutWA-97-10me ary of
~1Vhe at ADMINISTRATIVE PROCESS APPLICATION
~Ridc~re Department of Planning and Development
6 7500 West 29th Ave.,-Wheat Ridge, CO 80033
Phone (303) 237-6944
~ Applicant}~E_(t1~~y~{r iCtnrLP I~odV~,urAddress I l t(C '~ r xn•-<
~ ~ J~' ('l Phone ~ °~~ !~J
Rkr+ 3'~~ ~ot~b:~~-
yOwner -~Q.~~c.~, Address Phone
Location of request ( (~ ~ ( W ;3~~ ~ ~~_
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.
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
Detiiailed Descri/''p~t5ion of repquest ~ S 5i~{.e ~PGt ~-~ ~•4- ~,~~,y, LYX ~-~ Q tlt ~~
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List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
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 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
Signature of Applicant
Subscribe
SEAL
My commission expires- jS }!Y ~~-
untie tteceivea - - Receipt.NO. Case Nq. _--
~ ~~
RECEPTION NO. 93070261) 32.20
RECORDED IN COUNTY OF 3EFFERSON STATE OF COLORADO 5120193 10:20
!'\ SPECIAL ADMINISTRATOR'S DEED
r~,~/) THIS DEED is made by First Interstate Bank of Denver, N. A.,
•~ as Special Administrator of the Estate of ,Marjorie L. Wyland,
Deceased, Grantor, to Anthony G. Rodrigues and Marianne G.
O, Rodrigues,- Grantees, whose address is 3872 Robb Street, Wheat
Ridge, Jefferson County, Colorado.
WHEREAS, Marjorie L. Wyland died on August 30, 1992, a
resident ,o f, Jefferson County, Colorado; and
WHEREAS, Grantor was duly appointed Special Administrator
of said Estate on September 16, 1992, in an informal proceeding
by the District. Court in and for the County of Jefferson,. and
Stati.e?oi< Co lor.aao,: Probate. ,NO.: 92,_PR_ 3.24, ahd' is now qualified
and acting in said capacity; and-
WHEREAS, several testamentary documents executed by said
decedent have been filed with said Court, but said Court has not
yet-made a determination regarding the decedent's testacy status
and a general personal representative has not yet been
appointed.,.
LL, NOW,_THEREEORE, pursuant to Court Order dated May 10, 1993,
`LL"O dertrfied..copy of which is attached hereto, and pursuant to the
rn powers.conferred -upon Grantor by the Colorado Probate Code,
'"'•^_ Grantor does .hereby sell, convey, assign, transfer and set over
o unto thz Grantees,.in joint tenancy, for and in consideration of
~ct Two.--Hundred .Twenty Two Thousand. Dollars ($222.000.00), the
~ >- -_=following .described real property situate in the County of
a ~ -Jefferson, State of~Colorado:'
~ See legal description in Exhibit A attached hereto
and by this reference made a part hereof,
also. known by street and number as . 3872 .Robb ,Street, Wheat
Ridge, Colorado. --
With all .appurtenances, subject to .easements, covenants,
conditions and restrictions of record, and subject to general
property taxes for the year .1993. ,A,.,,T,T,~..~
State Doeumeatazy Fes a
E`xsc~i~?d`:. '77~ar~ /7 ,...1993.
d n.,. ,,
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.,'.STATE OF COLORADO
-; CITY,; :AND _ •
CGUNTY OF~DENVER '"
Date ~~ ~~~
Firat Interstate Bank $ a
of Denver, N. A.
Vice rrd"`'F~ Officer
,~,~ ial Administrator of the
Estate of Marjorie L. Wyland,
Deceased
) ss.
) .. ..
-The foregoing instrument
~7Y~`- day of }`(~,_._-
.r , 8S
and by LHIn1F crysoN
,- of First. Interstate
Administrator of the Estate of,
Wit ess my hand and
S zs .,,,,,: .
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was acknowledged before me this
1993, by RlfNK auNk57,J~.
'ice President "and Trust Officer,
Bank of Denver, N.A., Special
,Marjorie L. Wyland, Deceased.
official-seal. My commission expires
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tr•- \~'4. i DATE F~EI~,Y, lJ OB~k ,,
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. I I:\: I)~IitiY MORTGAGE Cqq
.SE, nii .o
LAN D S U R V E V I N G ADDRESS
,.:~ ..n..:.
5460 WARD ROAD SVITE 160 BORROWERS NAME
ARVADA, COLORADO 80002 _ - - - ~- - ~ - - -- - -
t303)420.4796
LEGAL DESCRIPTION
IMPROVEMENT LOCATION CERTIFICATE - ,r[rs cueNn
~_
GAL1 SFE \1`1,1::HED L£G:;I I1f~StF:!('! IU\
CLEF. CREEK tLE
o lg935 ~ ___I
236.4' c°v
Ak4• .
M ~J
....-----~ . ui .«.f-„
PARCEL "A' I PARCEL."B' M FLAGSTONE
~......
/~., p' CONC.
c. 0 f /J
I ~ no' 52.4' i~
as v 26.7"
236.4' I 197.0' o ~ ~ ONE STORY BRICK d-
103.9' 321.0' .5. `" 29.4' ~ 32.4' N? M
o .......: 174'
PARCEL "C" 39.0' FRAME GRAVEL
TRACT 7 - BROOKSIDE ~ BLOCK DRIVE ~ •'l~CONC.
`` b SHEDS .:.....
\'-\ o ~
G`
360.0' 9.65"
# 2 0' HOUSE .DETAIL
23 8' SEE HOUSE SCALE I- - 40'
b '•.:r~_... ~ DETAIL ,
~ o:~
OF G&1zb,C~ M : -
PARCEL "D'
NO TH ~ ~: ; LOT 2
SCALE I' -120' CHULA VISTA SUB.
99.6' 25.4'
3872 ROBE STREET i50' R.O.W.)
0
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On the basis of my knowledge, information and belief, I hereby ceRify that this
,4U5 t I N 4%)R 1. 1111.:-" i
or Improvement Survey Plat, and that it shot to be rolled upon for the
improvement lines: I further certify t t the improv ments on the abo
connections, are entirely within the bo ndaries of tha~arcel, except as asf
described premises by improvements any adjoining premises, except,a9 it
sign of any easement crossing or burd Wing any part ~f said parcel, except a:
p
"NOTICE: According to Colorado law ye ust commence any legal coon
first discover such defect. fn no event, may a actlon based pon any efect in
the certiscaGOn shown hereon." _ _ . _ - - , - - ; -- ~~OV ,~
Il is my interpretation that the above described ~ V: p
property_j~`'~ Iocaledwithina100 :v•~
year flood hazard boundary based on Federal -
Emergency Management Agency~oodJnsurar>ce PObertE.
Rate gaps Dated_F,uS 6 4 ~a•. G ' ~. f~4•
vement location certificate was prepared for
that it is not a Land Survey Piat
lishment of fence, bu0ding, or other future
scribed parcel on this date, except utility
that there are no- encroachments upon the
'd, and that there is no appafent evidence or
Oigyr„i
h)Hd~gf~'dt in this survey within th a years after you
~batiri7E~Eed more than !en yeai~s from the date of
r;
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.tt=.~i
,•;•
~ M
ESCROW NO.: 2924064 "
DATE May 17 1993
"EXHIBIT A"
LEGAL DESCRIPTION
PARCEL A: --
The South 480 feet of a Tract of land in the NW 1/4 of the SW 1/4 of
Section 21, Township 3 South, Range 69 West of the 6th P.M., described
more particularly as follows:
A part of the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4, Section
21, Township 3,South, Range 69 West, described as follows:
COMMENCING~at a'..point on the South line~of the-said NW 1/4 of the SW 1/4
of said~Secton'21, 226:6 feet, more or less, East from the Southwest
corner of the'NW 1/4 of the SW 1/4 of said Section 21,
thence East along said line 236.4 feet,
thence North 1936 feet more or less to the South line of the County Road;
thence Westerly along said road to a point 226.6 feet East of the West
boundary line of Section 21, and
thence South to the PLACE OF BEGINNING,
EXCEPT that portion thereof as conveyed to Adolph Coors Company in the
Deed recorded June 28, 1973 in Book 2522 at Page 148,
County of Jefferson, State of Colorado.
... ~
PARCEL-B:- -`_- - -_ -
,,
A portion of-the following described Tract to-wit:
COMMENCING at a point on the South side of the County Road which is North
14 deg."30 min.- West a distance of 1942 1/2 feet from the South line of
the Northwest quarter Southwest quarter, Section 21, Township 3 South,
Range 69 West;
running thence South 14 deg. 30 min.'East (Mag. bearing) a distance of
1942 1/2 feet,
thence--South-75,deg. 30 min. West a distance of 197 feet;
thence~North~l4 deg. 30 min. West 1936-feet, more or less, to the South
line of said County Road;
thence Easterly along the-South line of said County Road to the
BEGINNING,
That part conveyed hereby being that part of the above described Tract
lying between the South line of same and the center of Clear Creek;
BEGINNING at the Southeast corner of the above described Tract,
thence true West 197 feet;
thence true North 500 feet;
thence Northeasterly along the center of Clear Creek, 199.3 feet;
thence true South 530 feet to the POINT OF BEGINNING,
EXCEPT that-portion thereof as conveyed to Adolph Coors Company in the
Deed recorded June 28, 1973 in Book 2522 at Page 148,
County of Jefferson, State of Colorado.
PARCEL-C:
That portion of Tract 7, Brookside, more particularly described as
follows: - -- - ° -
BEGINNING at the NW corner of said Tract 7,
thence-East-aiung°-i:he -North~'Tine"of` Brookside;--321 feet; ""- "'
thence South 77 feet;
thence East 39 feet;-
thence South 96-feet;
to a point on the North line of Chula Vista Subdivision;
thence West 360.-feet;
thence North 173 feet to the POINT OF BEGINNING,
County of Jefferson, State of Colorado.
PARCEL D:
Lot 2, Chula Vista Subdivision,
County of Jefferson,
State of Colorado.
RECEPT-ION N0.
93070262 ._ -~+
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O ~ I^ I G I ~ L ' ~' ~~ ~ 100-YEAR FLOOD PLAIN
ZONING MAP ~-'~-' 44PPROXIMATE LOCATION)
- ZONE DISTRICT BOUNDRY
E~ T ~ I D G~ -PARCEL/LOT SOUNDRY
D /~
GOLORf~DO (DESIGNATES OWNERSHIP)
-___ WATER FEATURE
MAP ADOPTED: -lone 15, 1994 DENOTES MULTIPLE ADDRESSES
Lnet Revieigt: September 17, 1996
DEPAR'fM@(T OF Po.NNIN6 M!D DEVH.OR-8~R -235-7H52
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SCALE I'~400 _
L:\DAAWINGS\PLANNING\OS\SW21
NOTICE OF PUBLYC HEARING
Notice is hereby given of a public hearing to be held before the -
Wheat Ridge Board of-Adjustment on May 22, 1997, at 7:30 p.m.,
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-97-8: An application by Sordan's Building Center
for approval of a 35' frontyard setback variance to the 50'
frontyard setback requirement for the construction of a
fenced storage yard. The property is in the Commercial-Two
and Light Industrial zone districts and located at 5026 Ward
Road.
2. base No. WA-97-10: An application by Anthony and Marianne
Rodrigues=for approval of a 12' sideyard setback variance to
the 15'-.sideyard setback requirement to allow the
construction of an attached garage. The property is zoned
Residential-One and located at 11441 W. 39th Place.
3. Case No. WA-97-12: An application by Gayle Maschari-Mohr for
approval of a 2' fence height variance to the _6' maximum
fence height requirement to allow an 8° fence bn the side
and rear property lines. The property is zoned Residential-
Two and located at 8350 W_ 41st Avenue.
Mar o Chapla, ecretary
ATTEST:
Wanda Sang, City Clerk
To be_published: May 3, 1997
Wheat Ridge Transcript
P.O. BOX 638 ~ TELEPHONE: 303/237-6944
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033
May 9, 1997
The Crty of
~1Vheat
Ridge
This is to inform you that Case No. WA-97-10 which is a request
for- approval of a 12` side yard setback variance to the 15' side yard setback
requirement to allow the construction of an attached garage on Residentia_1-One
zoned property, 11441 W. 34th Place
for property located at
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 MaY 22, 1997
All owners and/or their legal counsel of the parcel under
consideration mus be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments_
It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this meeting.
If .you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
"The Carnation City"
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1996 TRW REDI Property Data _-
__
2) Situsa~8=+~~~BB~T WHEAT RIDGE CO 80033-3808_ C021
APN - :39-213-04-011. Assd Larid:$4_,820 Use :SFR
County:Jefferson CO Assd Imp :$11,_460 -Date: _ B1dar:1360
MapLoc:]_5-L Zone: -Total Val:$16,280 Doc#: Rooms: /3 /2
RTSQ :69W03S21SW .Lot Size Sale: Story: Pool:
Subdiv:CHULA-VISTA ___ 1stTD: Yrblt:
r- . .~._-
Owner F;RS-:JAMES F _
Phone:303/424-21
14_
Own2nd:~.20~ERS~~~iB~li-I ~ JOAN `
--
Mail X875-7~QBB-ST~s?HEAT_ RIDGE C6 Sb033-3808 C021
3)Situs~7~481~7~9T.~PL WHEAT RIDGE CO 80033-3805 0021._.
APN :39-213-03-062._. Assd Land:$3,210 Use :SFR_ - _
County:Jefferson-CO Assd Imp :$19,570 Date: B1dar:3211
MapLoc:]5-L _.Zone: Total Val:$22,780 Doc#: Rooms: /5 /3
RTSQ c69W03521SW Lot Size Sale: Story:2 Pool:
Subdiv:CHULA VISTA 1stTD: Yrblt:
Owner y~C_FERRA'N"ROBER`TrE Phone:303/425-01 14
Own2nd:MC~'ERR~N-L,I"i~liiA~T _M
Mail :~14`SS W39.TH PL; WHEAT RIDGE CO 80033-3805. C021
nt
---------.~_
-
---- ---------°-------------
4)Situs;1146.1 W 9TH PL ~
_
----
-
WHEAT RIDGE CO 80033-3805.0021 .-
APN :39-213-03-061 Assd Land:$3,690 Use :SFR
County:Jefferson CO Assd Imp ,c_$17,940 Datei07/01/96 Bldar:2787
MapLoc:15-L Zone: Total Val;$21,630_ Doc#:F261805 Rooms:... / /4
RTSQ :69W03S215W Lot Size Sale:$500 Story:l_ Pool:
Subdiv:CHIILA VISTA 1stTD; Yrblt:1969-
Owner 017GE~~~Tt Phone
0wn2nd: - - -
Mail 5461~3~TI~ PL; WHEAT RIDGE CO 80033.-3805 C021 _
5)Situs:11460 W 39TH PL WHEAT RIDGE-C0 .80033-3858__C021 ,
APN :39-213-04-.009 .,_ Assd Land:-$3,210 Use :SFR __
County:Jefferson CO Assd Imp $15,400 Date:ll/87 Bldar:l7.55
MapLoc:IS-L Zone: Total Val:$18,610 Doc#: Rooms: /3 /2
RTSQ :69W03S21SW Lot Size Sale_:$61,500 Story:l PoolLL
Subdiv:C$ULA VISTA 1stTD: Yrblt:
Owner ~JE?dETT. ROBERT G Phone
Own2nd ~WET'~P_ATRICIA N
Mail :~26-0~^T 39TH PL; WHEAT RIDGE C0 80033-3858 C021 -,_
^
-
fi7_S~tus:i1441 W 39TH PL 805 0021
WHEAT RIDGE CO 80.033_-3 ,. ; ,
:--APN :39-213-03-06'0 Y._Assd Land:$2,670 Use :SFR
County:Jefferson CO Assd Imp :$20,610 Date:05/20/93 B1dar:5014
MapLoc:_1S--L Zone: Total VaL•$23,280 Doc#:70262 Rooms: /5 /4
RTSQ :69W03S215W Lot_Si_ze :A0.06 Sale: Story:2 Pool:
-
Subdiv~BROOKSIDE 1stTD:$148,000 :1994
Yrblt
Owner ~O~R'SG~S-ANTHOI~TY G _ _ Phone:303/425-8925
Own2nd~Qbi2~~UE'S_S~IAR:TANNE G
Mail -=1~4ll W-"39"I'H PL;' WHEAT RIDGE CST' 8U033-3805 C021
» Reported data believed to be reliable but accuracy is not guaranteed «
,. _
_
.~
(C) 1996 TRW REDI Property Data
7)Situs:11440 W 39TH PL
WHEAT-RIDGE CO 80033-3858-C021 - -
APN :39-213-04-010 -Assd Land:$3,-210 Use :SFR -
County:Jeffersori- CO - -Assd Imp :$15,850 Date:07/12/91- Bldar3:1892.__-._-.
MapLoc:15-L _-, Zone: Total Val:$19,060 Doc#:63642 Rooms: /4 /3
RTSQ :69W03S21SW - Lot Size Sale:$162,506 Story:l Pool:
Subdiv:CHULA VISTA 1stTD: _ Yrblt:
Owner T3~AT~~OBER~W-JR Phone:303/424-4776 --
Own2 nd : EiT'AT'I` =-SALLY_ _B
Mail ;114=4=0~~9=TH-PL-WHEAT RIDGE CO80033-3858 C021
i
-W 3
H
L
8)S
tus X421
9T
P
- WHEAT .RIDGE CO 80033-38OS:C02.1
APN :39-2.13.-03-057 Assd Land:$3,690 IIse _SER _
County:Jefferson CO =Assd Imp :$19,950 Date: Bldar:2471
MapLoc:15-L Zone: Total Val:$23,640 Doc#: Rooms: / /3
RTSQ :69W03S21SW Lot Size Sale: Stary:l Pool:
Subdiv:CHULA VISTA - _ 1stTD: Yrblt:
---
,-
Owner.. ~CA~2L`IN AZLAT7 W.
Phone:
Own2n2L:`~A~T~2N-SHIRLEY J
Mail :114-21 W 39TH PIl' WHEAT RIDGE CO 80033-3805 C021
» Reported data believed to be reliable but accuracy is not guaranteed
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board-of Adjustment
DATE OF MEETING: May 22, 1997
CASE NO. & NAME: WA-97-10\ROdrigues
DATE PREPARED: May 12, 1997
CASE MANAGER: Sean McCartney
ACTION REQUESTED: Approval of a 12' side yard setback variance, to the 1$' side
yard setback requirement
LOCATION OF REQUEST:
11441 W. 39th Place
NAME & ADDRESS OF APPLICANT(S) Anthony and Marianne Rodrigues
11441 W. 39th Place
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: 6.6 acres _- -
PRESENT~ZONING: Residential-One and Agricultural-One
PRESENT LAND IISE: Single Family
SURROUNDING ZONING: LET:, :,and ~: Residential-O'ne
~T: Agricultural-One
SURROUNDING LAND USE: yi:, .S.:,and E.: Single Family and ~: Open Space
----------°--------
DATB PUBLISHED: May 2, 1997
DATE POSTED:
May 8, 1997
DATED LEGAL NOTICES SENT: May 8, 1997
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 notification end posting
requirements have been met, therefore, there is jurisdiction to hear this case.
Board of Adjustment Staff Report
Case No. WA-97-10
I. REQUEST
Page 2
The applicant is requesting approval for a 12' side yard setback
variance,. to the 15' side yard setback requirement, to allow the
construction-of a two-car garage to be attached to the existing two-car
garage. If approved, the attached .garage addition will be 3 feet from
the west property line.
--
Section-26-10 (F) of the Wheat Ridge Code of Laws states that-there__must
be a 15' side yard setback for structures._.within the Residential-One
zone district.- -
Currently, the existing single-family structure retains a 23.8' side
yard setback, from the side property line (west), and a 130'-front yard
setback from the front property line (south).
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 is which it is
located; and,
Yes.. If the variance is denied, the_property may retain it's single-
family use. Also, there is currently a two-car attached garage on the
site. - _ ---- _
2. Is the plight of the owner due to unique circumstances; and,
No. The plight of the owner is not due to a unique circumstance.
3. If the variation were granted, would it alter the essential
character of the locality; and
Yes, as there are no other side yard setback variances in the immediate
neighborhood. Because the-existing structure is setback 130' from the
front property line, there is adequate space to locate a two-car garage
that would comply with the required setbacks. But, in regards to
aesthetics, any development placed within the front yard could
Board of Adjustment Staff Report
Case No. WA-97-10
Page 3
negatively impact the neighborhood characteristics.
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; and,
The property in question is approximately 6 acres in size, with most of
the 6 acres established as steep slopes and green belt. The true
buildable envelope on this site is the front 20,400 square feet of
property on which the existing single-family residence is .located,. Due
to the £acf that tie existing structure is .located on the northern most
portion of the ..buildable portion of the property; the west side of the
property seems to be the most ,logical and aesthetic location for..any
garage-addition. ,
5. Would the conditions upon which the petition for a variation is
based be applicable, generally, to other property within the same
zoning classification; and,
Yes.- Anyone may apply for. the same type of variance, but the outcome
may not be the same. Variations are reviewed on a.case by case basis....
6. Is the purpose of the variation based exclusively upon the desire
to make money out of the property; and,
No. The purpose of the variance is to allow for additional parking
space on a.property that currently provides a two-car attached garage.,;
7. Has the alleged difficulty or hardship been created by any person
presently having an interest in the property; and,
Yes. The applicant, who has interest in the property, has created his
own difficulty or hardship.
Board of Adjustment Staff Report
Case No. WA-97-10
Page 4
8. Would the granting of the variations be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located; and,
No. If approved, the proposed garage addition. will be located in an area
that would not pose as hazardous or injurious to other property or
improvements. The Uniform Fire Code requires that there is a minimum of
10' between structure that are not built with non-flammable material.
There will be adequate separation between the proposed addition and the
existing adjacent house to_the west.
9.. Would the proposed variation impair the adequate supply of light
and air to adjacent property or substantially increased the
congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair
property values within the neighborhood, and
No. The proposed addition-will not impair the adequate supply of light
and air to the adjacent property as there is no habitable structures
located directly adjacent to the proposed addition. Also, there will
not he an increase in fire danger or increased congestion on the public
streets. -
10. If it is found in criteria S and 9 above, that granting of the variation
would not be detrimental or injurious to other property or improvements
in the neighborhood, and it is also found that public health and
safety, public facilities and surrounding property values would not be
diminished or impaired, then, would the granting of the variance result
in a benefit or contribution to the neighborhood or the community,
as distinguished from an individual benefit on the part of the applicant,
or would granting of the variance result in a reasonable accommodation
of a person with disabilities?
Granting of this variance will not benefit or contribute- to the
neighborhood or community, yet it will not-pose as a hindrance to the
local character of the neighborhood nor impact future improvements.
Also, because the addition is proposed to be built on finished grade, it
will be accessible for a person with a disability.
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-97-10 DATE: May 22, 1997
REQUEST: An application by Anthony and Marianne Rodrigues for approval of a
12' sideyard setback variance to the 15' sideyard setback requirement to allow
the construction of an attached garage. The property is zoned Residential-One
and located at 11441 W. 39th Place
i ; Position On Request;
~ ; (Please Cheek) ;
SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~
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WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 22, 1997 Page 8
Board Member ABBOTT talked on landscaping regulations.
Jackie Oglevie, P.O. Box 2.80851, Lakewood, was sworn in.
Ms. Oglevie owns property north of the applicant and
currently has three tenants/businesses. Her main concern
is the street trees and-fence blocking visibility for
customers pulling out of the lot, but also with obscuring
the business' signage and driveway. Another concern were
the large lumber trucks parked on the property causing a
visibility problem. Alternatives to this request, and the
variance running with the land were .discussed. Mr. Jordan
spoke on doing what is within code.
After extensive deliberation on both views, the Board
decided to continue this case until both parties could come
into agreement and then return with a new proposal. Motion
was made by Board Member ABBOTT, seconded by Board Member
WALKER, to continue this until the next opening date.
Motion carried 5-0_
------- -
D. Case No. WA-97-10: An application by Anthony and Marianne
Rodrigues for approval of a 12' sideyard setback variance to
the 15' sideyard setback requirement to allow the
construction of an attached garage. The property is zoned
/ Residential-One and located at 11441 W. 39th Place.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted.
Marianne Rodrigues, 11441 W. 39th Place, was sworn in.
They purchased this house four years ago and remodeled it
and at that time, however, building on extra garage space
was not in the budget. They have four children who are
driving age, and now they will need the extra garage. Their
backyard is very shallow, and drops off considerably, so the
garage cannot be placed in the back. She said the design
will blend in with their home. The doors will be oversized
as they have a well and must have access to do any work on
it. ,
i
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: May 22, 1997
5.
6.
Page 9
Board Member ABBOTT'S concern is with access problems in the
back and asked if a 4-car double deep garage. could be an
alternative, and Ms. Rodrigues answered no, because they
would have to destroy or move the workroom right behind the
current garage. Alternatives were discussed.
No further questions were asked.°
Motion was made by Board Member ABBOTT, that Case No. WA-97-
10, an application by Anthony and Marianne Rodrigues, be
APPROVED for the following reasons:
1. Although the parcel is 6.5 acres, the buildable portion
is very limited. Several alternatives were discussed
with none being practical.
2. This size this dwelling would normally have 3 garage
bays.
3. The granting of this variance will not pose as a
hindrance to the local character of the neighborhood nor
impact future improvements. It will also be accessible
to persons with disabilities.
WITH THE FOLLOWING CONDITION:
1. A full garage door shall be provided in the rear to
provide access for maintenance and fire protection.
Motion seconded by Board Member MAURO and carried 5-0.
Resolution attached.
CLOSE THE PUBLIC HEARING
OLD BUSINESS
A. Discussion ensued regarding previous cases.
.~ -
WHEAT RIDGE BOARD OF ADJQSTMENT
MINQTES OF MEETING: May 22, 1997 Page 10
7. NEW BUSINESS
A. DRCOG/APA Board of Adjustment Workshop
B. Approval of Minutes: March 27, 1997 -
Motion was made by Board Member WALKER, seconded by
Board Member ECHELMEYER, to approve the minutes as
amended:
Page 6, paragraph 6,_ line 2, delete "and a 400 square
foot garage size variance".
8. ADJOURNMENT
Board Member ABBOTT motioned to adjourn the meeting. Motion
seconded by Board Member ECHELMEYER and carried. Meeting.
adjourned at 10:55 p.m.
~~(~5~~\
Mar Chapla, Secretary
Date approved:
~ -~c~ -G1
i
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on-the 22nd. day of Mav 1997.
CASE NO: WA-97-10
APPLICANT'S NAME: Anthony and Marianne Rodrigues
LOCATION: 11441 W. 39th Place
Upon motion by Board Member ABBOTT ,.seconded by Board Member
A ~ O-, the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-97-10
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- 7-i0 be and hereby is APPROVED.
TYPE OF VARIANCE: A 12' sideyard Setback
FOR THE FOLLOWING REASONS:
1. Although the parcel is 6.5 acres, the buildable portion
is very limited. Several alternatives were discussed
with none being practical.
2. This size dwelling would normally have 3 garage bays.
d
Case No. WA-97-10/Resolution
Page 2
. 3. The granting of this variance-will not pose as a
hindrance to the local character of the neighborhood nor
impact future improvements. It will also be accessible-
to persons with disabilities.
WITH THE FOLLOWING CONDITION:
1. A full garage-door shall be provided in the rear for
maintenance and fire protection.
VOTE: YES: Abbott, Echelmeyer, Hovland, Mauro, and Walker
NO: None
DISPOSITION: Variance granted by a vote of 5-0. '
_ DATED this 22nd day of May, 1997.
---~ C,
LAND. Chairman Ma Chapla, Secretary
Board of Adjustment Board of Adjustment