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Home My WebLink AboutWA-97-14The City of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033. Phone (303) 237-6944 Applicant ~ ( /y -Address Phone1C21 i_ !Od Owner ~ ,~jQ-F~'/f Address ~,¢~~~- Phone ._ ~~ Location of request S/~-~y~ Type of action requested (check one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit ^ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final ^ ** See attached procedural guide Solid waste landfill/ mineral extraction permit for specific requirements. ^ Other Detailed Description of request ~,{~ " t~'S' ~ ,~Op,~ T ~~ ~/f~ ~C/.~,~P.~ ~ » ~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ~ 3 DRESS _ PHONE S .QLG S / ~~ C~ S ~{ ~' I certify that the information and exhibits herewith submitted are true a nd correct to the best of my knowledge and _ that in filing this application I am acting with the knowledge and consent , of those persons listed above without whose consent the requested acti , on cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney-from the owner which approved-of this action on his beh alf. Signature of Applicant L~ Subscribed and worn to me th' y 19 ~/ a SEAL My c Q /~ com ssion expires (]' ~ j uate Received Receipt No. _ Case No. Lee Roy and Carolyn Surry 3424 Kendall Street Wheat Ridge, CO 80033 May 15, 1997 To Our Neighbors: We, Lee Roy and Carolyn Surry, are submitting an application for approval for an 18' side yard setback variance to the 30' side yard setback requirement to allow the construction of a 30' x 34' carport. We are asking for your consent or denial before proceeding. Please sign below and indicate if you are opposed to or for allowing us to move forward. Name Address Opaosed To /For ~ Si nature and a e i ~ ~~< <~~-ry„ ,,, ~` ~ 4 t ~ F ~~ r~~ w ~ ~ ~,,..z (; ~ ' -fir r~~~ ;~. s ~ ~ ~~~~~ yip ~ 'St 1`~ Iti~ ,~~n ,yap ~ ~,~.~d~( ~~tc3 sa~ sip: ~_. 2 -err; ~) ~ t,i.~h,7a->/ Pa'~G}G. ~:0 Fc~t~ ~-~l~cizw~~~ ~'GG Thank you, Lee Roy Surry ` C Cazolyn s~/f,/y7 '(~~~1- 5~19~9 i ~~~s~ -- PG: 0001-001 RECEPTION ND. F0025323 5.00 744 RECORDED IN JEFFERSON COUNTY, COLORADO 3/08/95 9:30 QUIT CLAIM DEED ,~ Recorded o'clock M. j Reception No. Recorder THIS DEED, Made this 6th day of March, 1995, between LEE ROY SURRY of the County of Jefferson, and State of Colorado, of the first part, and CAROLYN S. HURRY and LEE ROY HURRY, as joint tenants, and not as tenants in common, whose legal address is 3424 Rendall Street, Wheat Ridge, Colorado 80033, of the County of Jefferson, and State of Colorado, of the second part: WITNESBETH, That the said party of the first part, for and in consideration of the sum of Ten Dollars and No Cents ($10.00) and other_good~ and valuable consideration to the said party of the first part in and paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, ~~ released, sold, conveyed and QUIT CLAIMED, and by these presents ?- rn does remise, release, sell, convey and QUIT CLAIM unto the said °~` parties of the second part, as joint tenants, and not as tenants in t~ common, their heirs, successors and assigns, forever, all the x~ right, title, interest, claim and demand which the said party of ~ the first part has in and to the following described lot or parcel ~~ .<. of land situate, lying and being in the County of Jefferson, and ~,,, State of Colorado, to-wit: Lot 7, FIRST ADDITION TO HARVEY SUBDIVISION, County of Jefferson, State of Colorado. Also known as street and number: 3424 Kendall Street, Wheat Ridge, Colorado 80033. NO DOCIIMENTARY FEE REOII RED - FOR TITLE PDRPOBSB ONLY I J' TO HAVE AND TO HOLD the same, together with all and singular the appurtenanges and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said parties of the second part, as joint tenants, and not as tenants in common, their heirs and assigns forever. IN AITNSSS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. ~~-~ K~' ~ LEE ROY SUR STATE OF COLORADO ) ss: COIINTY OF ~¢N~~ 1 The foregoing instrument w s acknowledged before 6~ in day State o€,~Colorado, County of ~~n+re,r ,_ this of 'Y,,~ro4- , 199,5, by LEE ROY HURRY. NITNESS MY HAND AND OFFICIAL SEAL. a_-~ My Commission Expires: ~~K ~ ~ ~ UV`~ Nota blic JOHN M. CLIKEMAN ~~ ~ l ~a-~a- IvUTARY PUBLlC Address of otary Publ c ST;47~ CF COLORADO •a- /` CONNIE L GOFF PROFES510NAL LAND oURVEYOR: ~4`'~l'~.~~ r.o.BOt 29033. ~ coroneDO eo2z9-0o55. Boar 44t-76t4 BUYER: Lea Roy Surry ~ INSUROR: Attorney's Title Gauranty Fund Inc LENDER: aoRTH suRRRRaN I401lTGa~,CORP. COMMRMENT NO: 51-o2-i67-9a SERVICE FEE: S 00.00 DATE ORDERED: February 2, 1995 _ _ ~_ _ __ Street Addreasi 3A24 Kendall Street, Wheatridge Colorado. Legal Description; FIRST ADDITION TO RARIRv`7[,SIIBDIVLSION, Ccunty of Jefferson, State of Colorad~ Flood Certification; The property in this certificate is aot located in the one hundred year flood plain (2ono C). Reference source uaedi FIR13 og5o79 ooo5c Reyiaed 2-4-88. Rorizontal positioning was taken from the found iron pipee ae shown on the plat. ,(o T 1 ,(dT Z 1 740.3' l 1 J ~ ~ ~ ,c.oT G ~ SCALE 1 ~ 30 ~ I t'' yr`YMMOYlM[NZ'LOCATION Cl11T'IFlCATtt ~ Property description and ea :ement 3nfor- - ~ :•:ation waa taken fron the Property tttln l herby certify that Chia Improvement loeatlon oertlauq was prepared tor: co:ninitrient, 57-02-3b7-94, Prepared by tl.% una~im crmnannN ou:IM'(:AGR CORP. /Attorney's Title Gauranty Egutd inc th tit la Attorney's 5!Stle Gauranty Fund tree. not a t.and Survey Plat or Improvement Survey PIa6 and that It la not tM Habibhment of fence, Dullding, of otMr future Improvement Reference source used: Plat Book Six, Page Twenty Four. a upon for I further eertify that lhrimprowmente on the above deacrtl»d parcel on this data, February 2r 1995 except utility etmMCtlDna, an entiny within tM boundulee of the parcel, except o ahovm, that tMre an no encroachmenb upon the deacrlbed Drawn by_ LS pramisea by Improvements on any adjoining premier, exppt u Indicated, and that tMre is no aDparml widence or sign of any easement crwain0 or burdening any part of ' auo parcel, exupl as noted. ~~_ ?~.~~ ~ta~E L. 06nnle/y Goff 1~~~~s OF ,sear -yt•O.GI• ENO'rz Sr -' ~ ~ ~ ~]~ -~~ e ~ ~ ,~R ~W 37tH PL. ... Y i I N r8 r e ~~ .^o n w sdTrr ~ i ~ ~ ' ° ~ ~• ~ s e a - s p m ~ 3115 3135 3125 3115 `p ~ /~ ~N mw ° ~ ~-IG Z 4 J z ~~ P m n Y 3x90 $ m w= ~ ~ R a H 8 , VEY 5 E 31]0 f ,u P 6 31 3f 31 0 65 5 65 J ,yM nw 6 ~ ~ ~ J ,n3395 V ( N 6 2 ~ 2 O N 3a1o 3385 3] ~ ~ ~ M30 3353 3360 333 55 j y ~ 33 2 ~ h - ]120 3315 3340 33 9 ~ 10 2 ~ ~ ~, 3300 3905 - `0 -L^ I I L 3TC~ .. W 33RD ASE ;rJy _ ._~q; ^~ 3290 r.~ n rS ~ ~. ~ ~ ~ ~ ~ jX y~ g g i1 yN; /~~ W 3280 N ~ ^~ ~ ~ ~ N ~ ~ r lam' iNi ik I ~ n N ~ ~„~ a r~ I~0 NN ~ ~ ~~~m ~ ~ F 3260 `Q ' N !3 ~, « e J ~ ~ n ^ .~ y ~ .ry. ~ 3zso ~ N ~ ~ N e R, J n --'may-- - - ° w 3>ro nve - - - - - - - - __ -~ ~ll•Tl-J'T1 T T ITf~ / O ~ ~ I ~ I ~ L -ZONE DISTRICT BOUNDRY ~ N ZON I NC Mt~~ - PAR~>~LOT BOUNDRY j,~ (DESIGNATES OWNERSHIP) - _~- W I I ~ ~ T ~ I D ~ ~ _ _ _ _ WflTEi2 FEATURE o m vw~ wa Ioo GOLOR~DO '" DENOTES MULTIPLE ADDRE5$ES ~p~ ~ MAP ADOPTED:.Y~ne I5, 1994 Lasi Revision: September 16, 1996 o~hkiFBVr CF PLAMLN6 hlm DbIIH.OPMEM -2357851 L:\DRAWINGS\PLANNING\OS\IVW25 r I" ' ~1 l'_ CITY OF WHEAT RIDGE -- PLANNING DIVISION STAFF REPORT TO: Board of Adjustment - - -- - - - - --- DATE OF MEETING: June 26, 1997 DATE PREPARED: June 18,--1997" CASE NO. & NAME: WA-97-14\ Surry _ CASE MANAGER: Sean McCartney ACTION REQDESTED: Approval of a 21° side yard setback variance to the 30°_.side- yard setback requirement, when located near a public right-of-way. LOCATION OF REQUEST: 3424 Kendall Street - - NAME & ADDRESS OF APPLICANT(S) Lee Roy Surry 3424 Kendall Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same AYY2GVd11~lA'1'15 AtCriA: ly, suu square teet PRESENT ZONING: Residential-Two - - PRESENT LAND USE: Single Family SURROUNDING ZONING: W:, S:,$: and ITT: Residential-Two SURROUNDING LAND USE: h+7:, S:,E: and N: Single Family DATE PIIBLISHED: - June 6, 1997 ----------------------------------- DATE POSTED: June 12-, 1997 DATED LEGAL NOTICES SENT: June 12, 1997 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) (XX) NONE - ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (X%) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. Board of Adjustment Staff Report Page 2 Case No. WA-97-14 I. REQUEST The applicant is requesting approval of a 21' side yard setback variance, to the 30' side yard setback requirement, to allow for the construction of a 30' X 34! carport. Sf approved, the carport will be 9' from the north property line, which runs concurrently with Kendall Street.=- Currently, there is not_any covered garage space on the 19,500 square foot property. The applicant parks vehicles on the .north side (front) of the property, approximately in the same location for which the carport is proposed. Because the property has public right-of-way frontage on both the north and west property lines, there is a requirement-of 30' setback, from property line, for any structure developed on the site (section 26- 15(F))- According to the site.. plan submitted_by the applicant, there does seem to be adequate space for a carport to be proposed to the east of the existing property, allowing for-the structure to meet the required 30' setback requirement. If approved, the structure will .remain outside of the sight-distance- triangle, thus allowing for adequate visual pathways. II. CRITERIA Staff has the following comments regarding the criteria t_o 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 is denied, the property may retain it's single- family use. 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._ There are several properties within the City of Wheat Ridge which have dual Board of Adjustment Staff Report Case No. WA-97-14 Page 3 public right-of-way frontages, and continue to comply with the. setback requirement. 3. If the variation were granted, would it alter the essential character of the locality; and Yes, because most of the- structures in the neighborhood meet the required setbacks. - 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, No, physical shape of the property is rectangular and is relatively wide (140') for a single-family property in the Residential-Two zone district. Also;- the property is located in a relatively flat area of Wheat Ridge, therefore topology does not cause a hindrance. 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 covered parking on a property which does not currently provide. 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-97-14 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. The proposed carport will not be detrimental to the public's health safety and welfare, as the carport will be open on at least 3 sides and outside of the sight distance triangle, thereby allowing for adequate visual pathways. Also, the applicant has been parking on_the proposed location for over-a year, and there have not been any reports of traffic related accidents, due to the parking of their vehicles. 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. Because the proposed location of the carport is on the northwest corner of the property, and located near the corner of the road, approval of_this variance will not impair the adequate supply of light and air to adjacent properties. Also, as stated above, because the applicant has been parking in the proposed location for over a year, there should not be an increase in traffic congestion. 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 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? Becaus-e-the request is for a variance to allow for the development of a carport, granting of the variance would benefit only the individual, not the community. PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-97-14 _ ._. -DATE: June 26, 1997 REQUEST: An application by LeRoy Surry for the approval of a 21` sideyard setback variance to the 30' sideyard setback requirement to allow a carport. The property is zoned Residential^Two and located at 3424 Kendall Street. ~ ; Position On Request; (Please Check) ; i SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~ 1 1 I 1 1 1 ' i i i 1 1 ~ ~ 1 1 ' 1 1 I 1 ~ i 1 1 1 1 1 1 I I 1 ' 1 1 1 1 I I 1 1 1 1 r 1 1 1 i i i ' 1 1 1 - ` 1 I 1 ' 1 1 1 ' 1 1 1 ` 1 1 1 ~ 1 i ' 1 1 1 ' 1 1 1 ' 1 1 1 ' I 1 1 ' 1 1 1 1 .. ..._ ..t. 1 i =` - - ' 1 1 i 1 I 1 ' I I 1 ' 1 1 1 1 1 I ' 1 1 1 1 i 1 ' 1 1 ' 1 1 1 1 1 1 - i i 1 1 r 1 1 1 1 i I 1 1 1 1 1 1 , ' 1 1 :+l WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: Juae 26, 1997 Page 6 1. The garage is located in an area that will not pose as hazardous or injurious to other properties. 2. The garage does meet the.Uniform Fire .Code regulations bf a minimum of 10' between the structures. 3. The proposed addition will not impair the supply of light and air to the adjacent property. 4. There will be no increase in fire danger or increase in' congestion on the .public streets. Motion was seconded by Board Member JUNKER. Motion carried 6-1, with Board Member HOWARD voting no. Resolution - attached. C. Case No_ WA-9~-ia: An application by ,LeRoy Burry for .the approval of a 21' sideyard setback variance to the 30' sideyard setback requirement to allow a carport. The property is zoned Residential-Two and located at 3424 Kendall Street. Sean McCartney presented the staff report. All pertinent -- documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER wondered if the variance would be the same if the applicant would turn the carport into a garage at a later date, and Mr. McCartney answered that would not affect anything because the setbacks are-the same. Sight triangles were discussed. The applicant, Leroy Burry, 3424 Kendall Street, was sworn in. He stated he wants the carport because he is tired of -- fighting snow. Board Member THIESSEN wondered since this is a large property, if the applicant had considered placing the carport on the east side,- and Mr. Burry said he had considered that, however the proposed location would make it easier accessed. Mr. Burry discussed the length of his vehicles, parking, and the distance from the street. If curb, gutter, and sidewalks would ever be put in, Mr. McCartney said they would be in about 8' from the edge of asphalt. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: Juae 26, 1997 Page 7 Board Member HOWARD asked if there would be a concrete floor in the carport, and Mr. Surry answered-not now, but maybe later on. Board Member THIESSEN asked the applicant if it meant approval of this variance, would he be willing to reduce the request, and Mr. Surry replied yes. He added the minimum length he could get by with would be 30', reducing the variance request to 18'. Carolyn Surry, 3424 Kendall Street, was sworn in. Ms. Surry explained the need for the carport because it is very shady and icy on that side of the house and she has fallen a couple of times. Richard Strayer, 3415 Kendall Street, was sworn in. He lives across the street-to the west, and his main concern, - in the past, has been the hedge. He has no objections to the Surry's proposal. Discussion followed. No further questions were asked. Motion was made by Board Member THIESSEN, that .Case No. WA- 97-14, an application by Leroy Surry, be APPROVED-for the following reason: 1. There were no objections registered. Board Member MAURO voiced her concerns regarding the safety issue of the corner. Board Member HOVLAND said he fails to see the hardship or uniqueness in this case, and there are several alternatives. Motion was seconded by Board Member WALKER. Motion for approval DENIED by a vote of 4-3, with Board Members HOVLAND, HOWARD, and MAURO voting no. D. Case No WA-97-i :_An application by Tom Radigan for approval of a two foot fence height variance for Residential-One zoned property located at 10845-10875 W. 32nd Avenue. ,1 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 26th day of m 1997._ CASE N0: WA-97-14 APPLICANTS NAME: LeRoy Surry LOCATION: 3424 Kendall Street Upon motion by Board Member _TIITESSEN seconded by Board Member ' W T .R 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-i4 .. __._ _ 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-97-in be and hereby is APPROVED. TYPE OF VARIANCE: A 21~ sideyard setback FOR THE FOLLOWING REASONS: 1. There were no objections registered. VOTE: YES: Echelmeyer, Junker, Thiessen, and Walker N0: Hovland, Howard, and Mauro DISPOSITION: Motion failed by a vote of 4-3. Variance denied. DATED this 26th d of June, ].997. - ~e ~1~c~~ . _ AUL HOVLAND, Chairman Mary L u Chapla, Secretary Board of Adjustment Board of Adjustment