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HomeMy WebLinkAboutWA-97-12 me crry or Wheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80053. Phone (303) 237-6944 Applicant~(1t~~,~, m~SCI-4(k123-rn~~~Address ~~Cj~ lQ~.~~~T~ll~ Phone. -~j (~ Owner o~E~,f Address 4S~m~ Phone Location of request. Type of-action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. Detailed Description of request ~-kJ~~cc~ i~oRh-9~1V-q$~I`( 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 qn his behalf., Signature of Applicant Subscribed and sworn Itl~o 'xhe this ~t1 day of 19 ~_ SEAL Date Received 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 My commission expires `0 _ a,l~ ,gg Ra r.ai nt Nn rnco ~r.. List all persons and companies who hold an interest in the described real property, as owner, mortgagee; lessee, optionee, etc.- ~~ ~y~ ~ ~~~~~~~ C~~~~. ~5~o aq~.a~. ~~.~~~:~, c~;. X0033 ~. ~~. ~~ ~~ ~ ~ ~ sue, ~. ~~~~~ ©od ~~~~~ ~ ~., ~,~.. ~~ a.,~ ~.~.~ ~, ~ ~. e~\ our. ~~,~~- ~~~ ~. ~ ~, Ceti ~~~ ~,~, ~ ~c~e. ~u, ~ Lam, , ~.~. v~~;9J. ~ ~ ~ , ~~ ~~~ ~~ _ . Dlossal ~ .~_. ca..:..__>~ State of Colorado ~@@d FHA Gw NO. 051-330346-770 This Deed, Made this 18th day of June 19. 91 between JACR KEMP as Secretary of Housing and Urban Development, of Washington, D.C., party of the firs[ par[, and GAYLE S. DEBIIS AND ADLYN RUTH SCHMIDT party(ies) of the second part, WHOSE LEGAL ADDRESS IS: 8350 WEST 41ST AVENUE, WHEAT RIDGE, CO 80033 Witnesseth: That [he said party of the first pan, for and in consideration of the sum of Ten Dollars (510.00) and other good and valuable considerations, to the said party of the first part in hand paid by the said patty(ies) of the second pan, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said party(ies) of the second part. THEIR heirs and' assigns, forever, the following described lot, piece or parcel of land situate in the County of JEFFERSON .State of Colorado. to wit:. _. _ - - _ `, v r rn d C O .~ d .y C O U TRACT 2, R. T. SMITH MINOR SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. ALSO KNOWN AS: 8350 W. 41ST AVENUE, WHEAT RIDGE, CO 80033 ~~ ~~ ~, t ~.~' . ~ .. .. 'Being the same property acquired by the pant' of the first part pursuant.toahe provision3 of the National Housing Act, as amended (12 U.S.C. § 17011 dnd the Departmcn[ of Housing and Urban Development Act (42 U.S.C. § 3531). Together with all and singular the hereditaments~and appyrtenances thereunto belonging, or in any wise appertaining,~and the reversion and reversions. remainder and remainders, rents, issues and profits theregf:Eand~all the estate. righ[, tile, interest, claim and detttand whatsoever, of the said party of the first pan, either in law or equity. of in and to the above bargained premises; with the heredi[aments and • appurtenances: _ To Have and To Hold the said premises above bargained and described.wjth the appnrtenanoes untd 'G~.7Cf,,E~~/a,srDEBNS .AND •' '- ADLYN RUTH SCHMIDT -- -- [he said party(ies) of the second part, THEIR heirs an assigns forever. Subject to All covenants, restrictions, reservations, ea;Gmen[s, Conditions~and,5ights~appearing~offiC~COrd1 atid;;Snbjecttq,any staEerof facts an accurate survey would show. And the said parry of the firs[ part. for himself and his successors, convettants and agrees to and with the said parry(ies) of the second part, THEIR heirs, and assigns, the above bargained premises in the quiet anQ peaceable possession of the said party(ies) of the second pan, THEIR heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or anypart thereof, by, through or under the said party of the first part, to Warrant and forever Defend. In Witness Whereof the undersigned has set his hand and seal as Program TeChniCldn HUD Office. Denver. Colorado, for and on behalf of the said Secretary of Housing and Urban Development under authority and by virtue of 35 Fed. Reg. 16106 (10114/70) as amended. ' Witnesses: Secretary Jof~Housing an/d~Urban DeveloQment/~ By:./ ///GUrh~ E~ - ~-~~21~,19-.« l~ (SEAL) Mary B. Bige ow, Program echnicien~ (T1TLE1: .HUD Office, Denver, Colorado _ HUD-91806 (1685!, Reprinted 6$7 COUNTY C'1O~UrR`T, JEFFERSON COUNTY, COIARADO CASE ~y"`~iw ~ ION ORDER FOR CHANGE OF NAME III THE MATTER OFTHE PETTIION OF: ~, _ ~ r\ i a change of ttame to '~tc Court having read and considered the Petition foc Change of Name finds: I. That the stateatents made satisfy the statutory rtiquitetnenis. 2. That the destted change of'ttame is ptvper and not detrimental to the interests of any other person. IT IS'II~RF.FORE ORDERED: . I_ That the name of is changed to 2. That pursuant to tote pn~l c no~Ce of dos change of name shall be published ~~ times ~ (~D _ Y 1 ~ a legal newsPaPa' Published in Jefferson County. This publication is to' be made within twenty days of the date of this Order. Proper proof of public~tioa shall be filed with the Clete of the Court upon final publication. BY THE COURT: cvzo-c DAT'E:3 J7 F-S rt 1 / Co~ Co/f udge MRRRIAGE LICENSE: Fpp28627 214 RECORDED IN JEFFER5ON COUNTY, COLORADO 5/02/95 N° L-`~~1~ 30 tDAYS FNROMVDATE OFt SUE. NOTE: THIS IB A MARRIAGE LICENSE-NOT • MARRIAGE CERTIFICATE. IF IT I• HOT UBEO, TH[ PCRiOH TO WHOM IT If OCLIVEREO NUCT RETURH IT PROHRLY TO TH[ COUNTY CL[RN AHD R[CORCCR WHC MOYCO fT ` ^ ` ~ i \\\ tom/ ` ~ ~ ~~ ~~/ ~~~.i COUNTY OF JEFFERSON _ GOLDEN, COLORADO 80419 p~~/ ~~._ -J~ co -. ~i~G/f~ ~/i0/vi%r'T /.L~~.~(i~/~ye/Y~/l~1~n~y%sUJ~f~/j~eLQGU~ r v 00 O // . ~ j ,p~ ~p !/~Z~//~ZtziN~Y.~gP/ /~E~~O~/T L/!~9'S~'~ ~YLD~Zy « o G~EET3NG: oefiair~i~Qr,asc~i~~ri~.~~~~or~n~,iire%~n.~~7 ./~qY Avlthony S. Mohr. _.,-_ ~jy~/j T/~ Gay~Ce Sue Madchalt.i. ,0~//iLf2l4'~~Otlin~il72p?tP/~til~P//% e~I,I/I7Gi~fi'/Yiu~;4~i~• .CC.~Z /. (/ ~ y ~ /~~.%~y vtr~~'1•%r~2c~,t/~2ai,~iP/,/letL~i~4~i~rrz~.o~~Pi't~. 2 L~ ~Js~-'- /r ~~ ~~ ( ~ ~ ~~OUreit, ~aLflk~a,~2L6' 17#1i ,a/,!~(~ip~ Mcy+.ch ,'~ g~ _ ,.. .r~LORl. .~,~erdnl k:45 R.~G A ~, . ~i+iraer-...m ~~I +s i ~..1 STATE OF COLORADO, ss . Coun~~yty//'.of.....~...........L .....................................~ -//~,/~/,~y~,~. .J'/.~ ~.J~~.GBG~ - - - - -- // l~H~~.ICr A Lf~;.~tLP/. U 7 .f~Yl,(~LG LL~.I.OlI / ~p ~p ~ y / r ~ ~J ~ P/.[!/1J47/iS11P/' '/2l~ ,132 '-Q~G'CfIYI.G~X /2C Olilv. Gl? j~7~-E.7 ~I~YL/92 0 .C~ ~ ~<rcS!//uu/'•O~ ~~ pp ~~pp~~ p / ~ p / / / ' /L1LP; ~lQ~P/ ~ CZlJ4~:Gd~I~i~ ~LGYI"LO'IYG~~(~?/~~P/,910I'L'~OG)?~'~~,I•I1B4Z(36 .O ~ ~, ~ // {~ ~ ' C . i/~ra~bc3:'mt~~i,1.r~u~ir~n~.bea~'milli'e%l~a~cy:a~rcce~~eccr;~`~G~,a~o7se;a~ri~n.~ SEAL OIIRri[t Tithe /// ~~~/ )+ ~ J D / , / ~ ¢ ./ y.., , - _ broom ° wam.. RETURN 70 ('e~,fp M chnn' k350 Al 61Af A ruG,~ Rirlg e-f' n~- This ce~care, duly executed together with the license, must be resumed by the sofemnrzrng person or party, to the oRlce o/the County Cferk and Recorder who Issued the same, promptly. See reverse side (or forwarding requirements. NOECKFL'S - DF.NVEft i OF JEFFERSON GOUNTY CERTIFIED TO BE~ T~ E O l~I~dAL` FlLEd~ !N NtY GlJS-fODY. DA.TL ! d F SCtt~1 CQ_1.1t+17"! CLeryt4 ANJ 1~:ECOROGR. ~~~-a -- ~_:,.~ D4PGTY CLERK ___` ~~ ~ L -W MTW AVE ---- ~ ~ ~~~ GW LE UL JR. ~ -2 S~~ ~ RQscn ~ Sreru 1 W t WiLMORE IJ:4V15 EL'cN. Si:HOOL SUS -~ ~ ~ R-3 ~_~ G- I ~ , 9' 4'15 ~ DUB ~ ~ m R ~ ___~N y~1 --- W9eTH PL RR ,~ 7p ~ ~ & ~ g p8 ~ "' % ~j~g x ~ % r ~ A R ttJ i, gg y~ 3 I~tlLMORE C~JfHz R R 1 ~ B $ ~ ~ ~ A C ~ ~ I=GD ~ ~ ~ ~ ~, R ...1 ~ ~ ~ ~ 7AJ a ~ W ~ o ~ , WZ 39-~9 R ' R _.l RR pp RR R A I J 1 d J ~ A ~ I wz-eT-a RR A g R ~ ~~ }} -~~ {~ gg gg 2y 8 8 'R ~~ ~' ~WJ ~ g ' R ti ,a-e1-i _ - - W 3oTn nve - - - ~T-l _ ~T--f-l D I-I- I c I~ L , ZONE DISTRICT BOUNDRY ZONING MI P = P 4RCEL/LO -' ~ , T BOUNDRY W H ~ ~ T RID 6 ~ ~i MO coLOR~~o DENOTES LT PLE AD DRES5E5 o m uo oNOoo'" ew ~ro Mi~P ltDOPTED: June (5, 1994 Last Revision: January 9,1995 ~hRTMfNT OF PLAH~YN6 FFD DEVB.Opr¢NT - $5-7852 3AWINGS\PLANNING\QS\SW23 ~ Y P.O. BOX 638 ~ TELEPHONE: 303/237-6944 The Illy 01 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge May 9, 1997 This is to inform you that Case No. WA-97-12 which is a request for approval of a 2` fence height variance to the 6' maximum to allow an 8' fence on the side and rear propert}~ lines. The property is zoned_Residentiai-Two for property located at 8350 W. 41st Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council-Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P M pn_ May 22, 1997 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 Pubiic 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" _~ 1 _P 960 413 190 W L __ ~ O -. ~ ~ ~.. ~ o I ~ t W f _ __ _ o -- t ! ~ I o f I f O N U) (D N ~ ~. Q.~ ~3A~ O~ m a a m c a m ~ z P 960 413 196 m ~ ~ m Z c m c a -i m y z Pf 1' O =.P 96~ 413 197 (Wi7 i n -mi Z c m c -~ mom= ~~ ~ . ,~ $~ FF~~!! rt o m o= i~ o~ mf ~ Ho m ~ ° °~ 1i m ~j m c am m ~ f v y <~ "-' ox y _~ °a i`~ 0 \ rr~ l 3 i x s° m -i ~_ - ~ . . ~, -- ~~ >~na~~Z ;:T ,_ _ ~_ n O ~ _. a :~ :, _: ~ a s (y~ g N. ~. .: ~ W ~ O N r ` ~ ~ ( O ~ p ~~.. ~ i ~ '.~ h .« _c N 3 6 _ _ _ Oi [n w . • N `y'_ _ m D p i o~ Z -. $ ~ m~ of '~ n, a a s W m a h+ n a • O7 W r f -..~ t-~m ~ 3 i Q ~ ,.. ~ 6 f ~. ~~~~.,,~~ _ i+ a ~= ~d ~o ~ ~ :, µ o m _ s ~ ~, ~ 4'1 W ~ ~ >~;-~gm _ W `;~ ~- ~ t„ LS r ~ vp Q ., `~ 2 ~~ M r s o ~ o .. R :°_ a t' T~ ._ ~o ~ a C N d 3 a' __-_- ~ ~ f7 O ~ n ~ d ~- r ~ o s :, K s' 7 ~ ~ y ve r, ~ v 3 ~_ w x$ ~~ ~~ ~ ~ _ & ~ m $ ~ s O pp > Q ~i d ~~ ~ Z a m -O D - _ T N ~~ ry~ N ~ O ~ ~ Q ~ 7.I ~ N' N Q N O c a r s ~O N a< f 1 ~ y ~ m ~ T ~ ~" m w d" o~~ ~ ¢ N ~ N '6 ~ ~ O .~ < D a ~. ~ ~ N Q m ~ m '~ ~ = s m w m ~ f ¢ W IMPORTANT PLACE STfCKER AT TOP OF TNF o~r_ur ..~ ...-~..~.. . _ _ -P 960 41~ 19g ! R, 5 m C n ~ a ~ m y z l~~m~ _~~~ ~~ f ~ t 0 E t Q I 0 ~I 0 (n (D G n' m ~n Q ~ Q IMPORTANT! pi e~ n '~ ~! P 96D 413 2II^ _ ~ O ~ ~ ~: a ~ a m ~ n m ~ ..L -. ~::i _ C \ - ~ $D N .. w ~ _~0 i° '"~. ~ ~ ~ ~ f _ - Vt (n OI~fQI 7J ~ ~a - ~ c ~ y a a m m m ._ -~- W - ,y Q .~ 1 I ~ ° z _ ~ -- Q P 96II 413 201 ~ - ~ _~~' ~ _ - _ _ ~ - - € ~ ~ ~ Cn m y a a ~~~ ws - ~_ _. fA ~ ~ ~ n ~ -- ~ m n ~ -I m y Z ~~ „ Q TT ~ ~ O ~ { ~ ~ ~ R ~ F FTM• - O O mC m 11 A ~ a° m - g - T `3 rho m n Vi'n' .~. tr p ~ g A _ . ZT I ~. xL < y CN 5 ~:Op a Kn 4 _..~. _ ~ p II ~I \ I I ~ ~ I l ` ~ °' r i - ~ ~ m . ~ v ~ ~ -~ ~ O y ~ y a ~ _ p 8 Q ~ ~ i ~ m m y° O ~ (/ ~ 4 o m ~ N II 1 1 ,Q 1 ~ STICKER Ai TOp Op ENVELOPE TO iHT OF RETUR N ADORESS.~ ~ '" "-'~~ -- ~-i •-.~...~, w-. . ..y ~ ~s o~ ~m / n ~ `° -- ~m :_ :. :'S ~ @ n 3 w ~. 77 1 i,J C9 9 =Y ''~' ¢ a p^ ~ y m 3 ~ ~ . 6 ' ~ y a' g o • ~ ~ R F -. `° N o ~ Y ~ .. nr g F ~ ~ S ~ w ~ ~~ - ~ ~m ' Z r a h a ~ ~ ap ~ _' o ~m > > ~~ ~ f . - _. ~ y m 3 ",~ rv. ... vi o_'o @ ~ S p' `$ 3 , '. ~„ . G ~' e Y~ F a N o o' ~ ~ ^ E ~ ~ _ _ a w~ ~.y "ano'P m a d ~ z ~. > 3 N ~ ~ ~ f ..: S,I . $ ~ a w ::: i w, ,. K +R ~ ~ ~ s o' N m S ' ¢ F ~ o ~ , O' _ fi ~ ~ ~ ~ ~ N ~~ .: to Q ~ ~ ~ ~ dpi ~ S 3 ^~ O r`r C' - m ~ ~ m _ m a" ~ ~ ? o n e '^ :: ~ ~ _ ~ w ~ ~ 3 ry tp 4 p 6 1 O <' 3 3 "a s N ~ m d W O a ~ c ~ D ~ ~ / m U o 7~ _ 0 0~~ ` m ' m ao 'D a _ < 70 m '~ ~ a ~ o _-I r ~ o ~+ a < f. 7 3' n^ N y ~ 1 1 0 W ~ p . ~ y 4 ~ ^. O y ~ m RJ ~ ~ c i L] 0 G Q j ~. ~ ~ Q N N N '< N K ~ N p~ d ~ n (// ]7 D ~ a o~ ml ' x ~ ., : _P 960 41 3 2 ~2 i ~ ~ ~ ~ ~ ~'~~ ~m : _ ~.... D - mz ~ y~ tPO~ ~ m ~ ~ ~ ~ y W ~ Q ~ Q ~ j ~ S g ~ 3 3 1 o + re r o m g ~~ ,~ M r~m,F., n ~ l ~ 4~1 ~ a~ > I ~ ~ ~ ~ ' ~. 3 ~ ~ F n( a ~ ~ g ~ s m~ y a ~ am g I ~ ~ F 3 ~ j ~ 8 ~ °' ~o ~ ~~ a ~ M ~ so - ~ ~ ~ m ~ ~ ! ~ ~, ~ ~~ >~ ~ o ~ - z~ (D I ~ ~ 3 a ~ ~. ~ V ? ~ a ~ ~ 3 ga o .. _~ < ~ o lam < -n o _~_ _~ -. _ ~ w' N J~ O ~ ~ ~ N ~ F ~ tp ~yU,O n D~ ~y^^fpN n I .~.. --c ~ D ~ y a I'< m m ~ 6 ~. 77 D ~+ O m a m n m ~ Q ~ n y a I ~ y _r ~ ~I L~ m w .~iti m N~ 3~ ~' ^ S -^.m a 'e m ~ Ip \ °- ~ v , N°~o~ O (~ ~ N ~ y O a m `~ ~d~ _ ~ ~ ----- -~--- ~" l ---- ------ _V~~ - IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO ~ - THE RIGHT OF RETURN ADDRESS. WA • a~ • ~Z rvt~Wn- (C) 1996 TRW REDI Property Data 1) Situ~~100 CAZ2IZ-ST. WHEAT RIDGE CO 80033- 4421 C026 APN :39-233-07-032 Assd Land:$2,490 Use :SFR _ County:Jefferson CO Assd Imp :$12,050 _ Date:01/29/96 Bldar:1632 MapLoc:16-K Zone: Total Val:$14,540 Doc#:77401 Rooms: / /2_ RTSQ :b9W03S23SW Lot Size.: Sale: Story:l Pool: Subdiv~ELIZABETH - -- - 1stTD: Yrb1t:1955 Owner SEWA'RT-CHARLOTTE B Phone:303/424-4 928 Own2nd: - -__ - Mail ~~~O-CARR-ST,• WHEAT "RIDGE CO.80033-4421 C026 3)Situst4-090- CARR ST WHEA'P RIDGE CO 80033-4419 C026_ APN- :39-233-17-001 Assd Land:$2,730 Use :SFR County:Jeffersdn CO Assd Imp :$11,020 Date:01/17/95 - B1dar:1653 MapLoc:16-K Zone: ' Total Val:$13,750 _ Doc#:F6651 _Rooms: /3 /2 RTSQ_ : 69W03S23SW Lot Size Sale:$131,SD0 Story:l Pool: Subdiv:SMITH R J--MINOR 1stTD:$115,000 Yrblt: Owner-:~OS~ER ~AUZD-LL Phone: Own2nd_~'EB~ Mail 4-09gCARR-ST;-WHEAT RIDGE CO 80033-4419 C026 7) Situs:~-040 CAIZR~T WHEAT RIDGE CO 8 0 03 3-4419 C026 '- _____ APN :39-233-17-005. -Assd Land:$2,98D" Use :SFR County:Jefferson CO Assd Imp :$9,610 Date:il/15/93 Bldar:1236 MapLoc:16-K- Zone: Total Val:$12,590 Doc#:192114 Rooms: /3 /1 RTSQ d69W03S235W Lot Size Salec$126,000 Story6l Pool: Subdiv:TEGLER 1stTD: __ Yrblt: Owner r~RTT-i°mS=KA'T'HLEEN A Phone: Own2nde` - Mail :~-0~-O-.CAR.R ST; WHEAT- RIDGE GO-80033-4419 C026 8) Situs:47~Q1~BREN-TWO~D ST WHEAT RIDGE CO 80 033-4408 .CD26 APN :39-233-07-001 - -- - Assd Land:$2,490 Use :SFR County:Jefferson CO _ Assd Imp :$9,090 Date:10/15/92 B1dar:1020 MapLoc:16-K Zone: - Total Val:$11,580 Doc#:144718 Rooms: / /2 RTSQ :69W03523SW Lot Size - --- Sale: Story:l .Pool: Subdiv:VAL~;EY VIEW _ 1stTD: Yrblt:1951 Owner :SCA'~ Phone: Own2nd ~~CA`liF CONNIE L - - - Mail :4T01 BRENTWOOD ST; WHEAT RIDGE CO 80Q33- 4408 C026 10)Situsz4675-:-B12ENT O D ST WHEAT RIDGE CO 8 0033-4 406 C026 APN :39-233-17-003 -Assd Land:$2,490 _ Use :SFR County:Jefferson CO Assd Imp :$8,450 Date:08/26/94 Bldar:l367. - MapLoc:l6-K Zone: Total Val:$10,940 Doc#:143868 Rooms: / /2 RTSQ :69W03823SW Lot Size Sale:$120,900 Story:l Pool:..- Subdiv:TEGLER ___ 1stTD:$114,100 Yrb1t:1948-" Owner sTO~EE-=JACK=M Phone: Own2nd:PERKES=PEGGY J Mail :.407-5-BRENTWOOD ST; WHEAT RIDGE CO 80033- 4406 C026 - » Reported data believed to be reliable-but accuracy is-not guaranteed « _ _ ~~c~ n~~s~.~~~1- ~oNR ~3SC`~ ~. ~~ST ~~~ ` (C) 1996 TRW REDI Property Data , __ . 12)Situs:4D45~BREI~WC3OD ST WHEAT RIDGE CO 2 80033-4406 0026 ,_ _,__ . APN :39-233-17-004 Assd Land:$2,490 Use :SFR County:Jefferson CO Assd Imp :$7,700 Date: Bldar:1161 MapLoc:16-K Zone: --Total Val:$10,190 Doc#: Rooms: / /1 RTSQ c69W03S23SW Lot Size Sale: Story:l Pool:_ Subdiv:TEGLER _ - 1stTD: Yrb1t:1950 Owner :uANmnnniD-GEORGE-C Phone:303/422- 2475 Own2nd:ONI~FRANCES-E Mail :4645-BRENTWOOD-ST; WHEAT RIDGE CO 80033 -4406 C026 » Reported data believed to be reliable but accuracy is not guaranteed c< CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: September 25, 1997 CASE N0. & NAME: WA-97-12\ Maschari-Mohr DATE PREPARED: July 10, 1997 CASE MANAGER: Sean McCartney ACTION REQUESTED: Approval of a 2' fence height variance, to the 6' maximum fence height requirement. LOCATION OF REQIIEST: NAME & ADDRESS OF APPLICANT(S) NAME & ADDRESS OF OWNER{S) 8350 W. 41st Avenue Gayle Maschari-Mohr 8350 W. 41st Avenue Wheat Ridge, CO 80033 Same APPROXIMATE AREA: 10,000 square feet PRESENT ZONING: Residential-Two PRESENT LAND IISE: Single Family SIIRROIINDING ZONING: W:, ~:, ~: and $,: Residential-Two SIIRROUNDING LAND IISE: W:, ~:, ~I; and ~: Single Family DATE PDBLISHED: July 3, 1997 DATE POSTED: July 10, 1997 DATED LEGAL NOTICES SENT: July 10, 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 - ------------------------ JIIRISDICTION: The. property is within the City of Wheat Ridge, and all notification -and - posting requirements have been met; therefore, there is jurisdiction to hear this case...... Board of Adjustment Staff Report Case No. WA-97-12 I. REQUEST ' Page 2 The applicant is requesting approval of a 2' fence height variance, to the 6' maximum fence height requirement, to allow for an 81 fence along the west and south property lines. The applicant .has stated personal grievances, with neighbors to the west and south, as the reason for the need of the fence. height variance. The applicant has attached a letter stating the exact reasons for the variance (see attached). According to section 26-30 (I)(1), of the Wheat Ridge Code of Laws, no_ fence or divisional wall may exceed 6' in height, where permitted. The _- applicant does have the option of planting shrubs and. landscaping screens, to any height, without the need of a variance. 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; and, Yes. If the variance were denied, the property may retain it's single- family use. The applicant may build a 6' fence, which is permitted by right, allowing for some reprieve. 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. 2£ the variation were granted,-would it alter the essential. character of the locality; and Yes, as there are no other 8' fences, measured from finished grade, within the surrounding neighborhood. But, because of the varying topography, an 8' fence should not create a dramatic. impact. R Board of Adjustment Staff Report Case No. WA-97-12 Page 3 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, Because the property in question is located above the property to the west, and below the property to the south, topography does result in a natural hardship. Yet, the established reasons for the hardship are aesthetics (unsightly fence) and a civil issue. Therefore the hardship remains a civil matter. 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 provide additional privacy from the neighbor to the west, and to hide a dilapidated fence to the south. 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. 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. Approval of the fence height increase would not be detrimental to the public's health, safety or welfare or injurious to other property. improvements in the neighborhood. Also, because the .neighborhood has varying topography, and the fence is proposed for-the rear and side of the property, there should not be a visual hindrance. } Board of Adjustment Staff Report Case No. WA-97-12 Page 4 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 £ire or endanger the public safety or substantially diminish or impair property values within the neighborhood, and Yes.. Because the property to the west is set lower than the property'in question, and the existing structure (to the west) is- located. -3 .5' from the adjoining property line, the proposed 8' fence will impair the light ar_d air to the adjacent property. But, the proposed 8' fence will not substantially increase the danger of fire or endanger the public's health, safety and welfare. 10. If-it is found in criteria 8 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 ''• safet ublic facilities and surroundin y, p g 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? Because the surrounding locality consists of varying topography, and the fence is proposed for the side and rear of the property, approval of the proposed fence variance should not negatively impact the surrounding neighborhood. But, it is not to be said that approval of the variance would contribute to the neighborhood either. Approval of this variance is purely for individual benefit. I ~ \ I l \ 11 " u 4trn nvE III ~-- a. - --~. .~ e ~ ~ "a ~ ~ z ~~~ ih!r LE t~? L JR. ~' -•` WiLMORc DAMS ELF. SG!-TOOL H 41ST 1s 1~ seTn va_ 15A~ SL i!J yy~ L v X RR y ~ ~ ~l U Il ~q ~~) ~ ~ ~_T 1 A ~ W ~ $ A ~ __ / % 1 ° ~~ ~ ~ ~ ~ '~ ~~ ~~ 11 u naTn nw -' - -1 r I I T O~~I }~~~~ jL~( //~~ n =20NE DISTRICT BC:~NDRY ZONING M TZ I~ PARGEL/LOT BOIMDRY ' (DESIGNATES OWNERSHIP) W H ~ t~ T RID 6 ~ DENOTES MULTIPLE ADDRESSES GOLOR~tDO MAP ADOPTED: June 15, 1994 - Last Revision: Jarwary 9,1995 .7VI.J ~_-~ e G_I I ~_ 1 I I I , 1 i 1 1 ~Z13 1 I R E SUB • ~ S TFR!C AGL°. ~_3 a ~ _~ ~~ ? a HLFICRE CEMB2 ~GD I uz-es-le k II wz-0T-~ ' gg ~ lab«i 1 ~ 1 ~W ~~ 2~ ~ ~- ~ wmw nloo aoo oao .oo scu.e r.aoo 1FpFRTMEM OF R.FNLNFi Flo DEV~OPrExT -235-7E5] I 3AWINGS\PLANNING\OS\SW23 E33~01~~?. ~1~~ti..Q~~_ __ ~~~3~ 15co ~ . ~q~~~. ~~~•. ~~~. ~ ~~. w.~~ w ~' ~ tit mss,, ~' ~. ~ Ceti ~~~ ~~w~ \~~, ~ ~ ~ ~ ,~ emu. ~. ~.. ~~ ~` ~~~`'`~. ~~.` ~~ ~~ct. ~,~ . __ ~~ - - ul_Dassl _ - ca - ~_ ~s State of Colorado D@@C~ - F„~ GW „,. 051-330346-770 This Deed, Made this 16th day of JUne 19. gl between JACK KEMP as Secretary of Housing and Urban Development, of Washington. D.C., parry of the first part, and GAYLE S. DEBUS AND ADL1N RUTH SCHMIDT - party(ies) of the second part. WHOSE LEGAL ADDRESS IS: 8350 WEST 41ST AVENUE, WHEAT RIDGE, CO 80033 Witnesseth: That the said patty of the first part. for and in consideration of the sum of Ten Dollars (510.00) and other good and valuable considerations. to the said party of the first part in hand paid by the said pany(ies) of the second parz, the receipt whereof is hereby confessed and acknowledged, has granted. bargained. sold and conveyed and by these presents does gran[, bargain, sell, convey and confirm un[o the said party(ies) of the second part. THEIR heirs and assigns, forever, the following described lot, piece or parcel of land si[uate in the County of JEFFERSON .State of Colorado. to wit: TRACT 2, R. J. SMITH MINOR SUBDIVISION, - -- ,] COUNTY OF JEFFERSOA, STATE OF COLORADO. ~+ ~ ` ~ _ ~~ EE , ~ ti.J ., .. .. ~ ALSO KNOWN AS: 8350 W. 41ST AVENUE, WHEAT RIDGE, CO 80033 y d 7 O _ - . m _ al _-_ -VI C O U Being the same property acyuired by the party of the first part pursuant.to:khe provisions of the National Housing Act, as amended 112 U.S.C. § 1701) dnd'thc Department of Housing and Urban Development Act (42 U.S.C. § 3531). _ Together with all and singular the hereditaments•and appurtenances thereunto belonging, or in any wise appertaining,~and the reversion and reversions. remainder and remainders. rents, issues and profi[s.thereof:;and•all the estatc.~right, title, interest.'claim and demand whatsoever, of the said party n( the first part. either in law or equity. of, in and to the•above bargained premises: with the hereditaments and ' appurtenances: _ To Have and Ta Hold the said premises above bargained and described•with the appunenantts unto ~GAY7.Ef&,:, DEEIIS SND ~: " - ADLYN RUTH SCHMIDT the said party(ies) of the second pan. THEIR heia an assigns forever. Subject to All covenants, restrictions. reservations. casements, conditions•and ,fights appearitig~of~fttord:.att¢;SµbjeM tgany stata;of facts an accurate survey would show. ~ ~ ' - ~ And the said parry of the first pan, for himself and his successors, convrnaats and agrees to and with the said parry(ies) of the second part, _ THEIR heirs and assigns, the above bargained premises in the quiet and peaceable possession of the said party(ies) of the second part, THEIR heirs and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part [hereof, by, through or under the said patty of the first part. to Warrant -and forever Defend. - i. In Witness Whereof the undersigned has se[ his hand and seal as Program TeChnl Cl do HUD Office. Denver, Colorado, for and on behalf of the said Secretary of Housing and Urban Development under authority and by virtue of 35 Ped. Rcg. •16106 (10/14/70) as amended. -- - - Witnesses: -- - Secretary ~of~Housing an/dJUrban DeveloQmentn _By:./ ///G(1cJt~{ 63 - ~.~Q~1~~<~ J--~ (SEAL) Mary B. Bige ow, Program echnician- (i~mE): - . HUD Office, Denver, Colorado ' HUD-91806 {70-85) geprinted 687 COUNTY COURT, JEF~ERSON(COUNTY, COi.ORADO ~-a~F.~~ l . ~ ~ `~'iS10N ..ORDER FOR Q3AriGE OF NAME IId TTY MATIF.~R ~O~FTE~1PETfIIO~N,1O,~F:t , ^,. ~,~n ~ ~Q ~ Q~1 l l ~ \'l\n \(~ Y~fi~J. ~ t~dll~~ a change of name to fie Court having read and considered the Petition for Cfiange of Name finds: . I. That the statemeats made satisfy the statutory ~~, 2 That the desired change of'name is proper and not deu'inx:ntal to the intcrzsts of say other person. IT IS TT~REFORE ORDERED: i I_ Thai the name of •. is changed to 2. That pursuant to tote pu of this change of panic shall be Published rya Legal newspaper published in tlirce times in Jeffuson County. This publication is to be made within twrnty days of the date of this On9u. Props proof of publication shall be filed with the ©erk of the Court upon final publication. ' DATE:•I~ ~-S BY TTiE COURT: ~ 1 ~ . County <~~udgc .. _._ ._.. --_ 4 cv2a-c The City of ~=Tea{ ADMINISTRATIVE PROCESS APPLICATION Rid~re Department of Planning and Development b......7500 West'29th Ave., Wheat Ridge, CO 80033 _ Phone (303) 237-6944 Applicant~{~t~LC mi~5~1~pM?T-rn~{ Address~~~j~ ~}.~~p5-[r'tll~ phoneg~n $i?~ Oomer ~~~f Address ~~p1~, Phone Location of request Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Site development plan approval Sp@cial use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ^ ** See attached procedural guide for specific requirements. ~u 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 n Other Detailed Description of request Q,~ ~~,o~ 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 qn his behalf.. Signature of Applicant ~l Subscribed and sworn SEAL this~hday of 19_ g`~ My commission expires `~ _ ~~. ,qC( Received ue..o;..+ rr.. ,.___ .. List all person§ and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. PUBLIC HEARING SPEAKERS' LIST CASE NO: WA-97x12 DATE: September 25, 1997 REQUEST: An application by Gayle Maschari-Mohr for approval of a 2' fence height variance Lo tfie 6'' maximum fence height requirement to allow an 8` fence on the side and rear property lines. The property is zoned Residential- Two and located at 8350: W. 41st Avenue. S ~` WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 25, 1997 Page 4 WITH THE FOLLOWING CONDITION: , 1. The applicant will not request-any height above 50!-for. this billboard. Motion was seconded by Board Member WALKER. Motion FAILED by a vote. of 4-2, with Board Members THIESSEN and HOWARD. voting no. Resolution attached. B. ~I~To__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 on the side and rear property lines.. The property is zoned Residential-Two and located at 8350 W. 41st Avenue. Sean McCartney presented the staff report: All. pertinent documents were. entered into record, which Chairman HOVLAND accepted. Mr. McCartney said this request includes 2 fence variances; one for_the rear yard and one-for the side yard. The- dilapidated fence in the rear belongs to'the neighbor., and since the applicant's backyard is lower, an 8-' fence would bring it level with the dilapidated fence. The side .yard.: ._ _ variance represents the civil matter regarding privacy. _____ Board Member MAURO asked if there is an existing 6' fence on -- the west side of the house, and Mr. McCartney answered yes. The applicant, Gayle Maschari-Mohr, 8350 W. 44th Avenue, was sworn in. Ms. Mohr explained the current fencing on her __ property. She would like an 8' in the xear-to_hide the unsightly plywood that the neighbor has put up and also to -__, hide the deteriorating cement retaining wall. She showed on ., the overhead where the 'pillars and wrought iron will be placed for the fence in the frontyard. They want to put the 8' wooden-fence from the front edge of_- the house to the back because from her kitchen she can see directly into her neighbor's daughter's hedroom. The distance between the two windows is only 8;~ feet, and they would-like to block the. view and create more privacy. WHEAT RIDGE BOARD OF ADJIISTMENT MIN[TTES OF MEETING: September 25, 1997 Page 5 i Ms. Mohr's house presently for sale, however if there is not a contract on it within the next five days, then they will continue to live there. Board Member THIESSEN questioned the flyer regarding her house for sale, and Ms. Mohr explained that she was told the variance would be transferable as it runs with the property. Lf approved, the side fence will be built before the sale, but the back fence might not be. It was noted the neighbor's house was built first. Discussion followed regarding landscaping. Deborah Foster, 4090 Carr Street, the homeowner to the west, was sworn in. She is opposed to this variance because she is concerned with the blocking of light., .Also, there would be no space in between for maintenance of her gutters. She feels a tree would easily screen off any view from their bedroom.. Board Member ABBOTT asked if she is opposed to both fence variances, and Ms. Foster replied no, only the section by her house_ No further questions were asked. Board Member ABBOTT stated this motion would be in two parts.. Motion was made by Board Member ABBOTT that Case No. WA-97-12- A, an application by Gayle Maschari-Mohr for approval of a 2' fence height variance for the south side of the property, be APPROVED for the following reasons: 1. The neighbor's fence to the south is unsightly and dilapidated. 2. There is a difference in topography between the two properties. Motion was seconded by Board Member MAURO. Motion carried 5- l, with Board Member HOWARD voting no. Resolution attached. Motion was made by Board Member ABBOTT, that Case No. WA-97- 12-8, an application by Gayle Maschari-Mohr for approval of a ,, WFIEAT RIDGE BOARD OF ADJIISTMENT Page 6 MINIITES OF MEETING:..September 25, 1997 2' fence height variance for the west side of the property, be DENIED for the following reasons: 1. The applicant does have the option of planting landscaping at any height. 2. The plight of the owner is not due to any unique circumstance. 3. There are no other 8' fences from finished grade in the neighborhood. 4. The hardship in this case appears to be a civil matter. 5. The proposed 8' fence-will noticeably impair-the light and air to adjacent property to the west. Motion was seconded by Board Member THIESSEN_ Motion carried 6-0. Resolution attached.. f• CERTIFICATE OF RESOLIITION 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 ~_ day of apt miPr ,1997. CASB N0: WA-97-12-A APPLICANT'S NAME: Gayle Maschari-Mohr LOCATION: 8350 W. 41st Avenue Upon motion by Board Member Hr.~S.N seconded_by Board Member MATiRO ,__the..following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative - Officer-and WHEREAS, Board of Adjustment Application, Case No. WA- 7-~ -A .. 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-9~-A be and hereby is APPROVED. TYPE.OF VARIANCE: A 2' fence height variance for the fence on the south side of property FOR THE FOLLOWING REASONS: 1. The fence on the adjacent property to the south is dilapidated and unsightly, and attempts to get the owner .to repair the fence has proved unsuccessful. 2. The difference in.topography would require an 8' fence to hide the unsightliness. VOTE: YES: Abbott, Hovland, Mauro, Thiessen and Walker N0: Howard DISPOSITION: A 2' fence height variance for the south side of the property approved by a vote of 5-1. DATED his 25t da f September, 1997. / ~- P L VL Chair an Ma ou Chapla, Se retary Board of Adjustment, Board o Adjustment CASE NO. WA-97-12-B _ -- - _ APPLICANT'S NAME: Gayle Maschari-Mohr _. _.. LOCATION: 8350 W. 41st Avenue Upon motion by-Board Member ABBOTT seconded-by Board Member THIESSEN the following Resolution was stated. - _..- WHEREAS, the applicant was denied permission by an Administrative , Officer; and - - WHEREAS, Board of Adjustment Application, Case No. WA-97-12-B 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-97-12-B - be and hereby is DENIED.. _ TYPE OF VARIANCE: A 2' fence height variance for the fence on the west -- - - side of property FOR THE FOLLOWING REASONS: -- --- -' - - - - - - - 1. The applicant has the option of planting shrubs or other landscaping screens-to any-height without the,need of a variance.-. . 2. The plight of the owner is not due to an unique circumstance. 3. There are no other 8' fences measured from finished grade in the surrounding neighborhood. 4.' The hardship appears to be a civil. matter. As a variance runs_ with the land, it does not seem appropriate to grant this request.. 5. The property to the west sets lower and an 8' fence will noticeably impair .the light and air to the adjacent property. VOTE: YES: Abbott, Hovland, Howard, Mauro, Thiessen and Walker N0: None DISPOSITION: A 2' fence height variance for the west side of property denied by a vote of 6-0. DATED/his 25t day yJfl September, 1997. ' 1( ~ / S ~ P UL HOVLAND, C airman Mary L u Chapla, Secretary Board of Adjustment Board o Adjustment i