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HomeMy WebLinkAboutWA-97-18r The City Of ADMINISTRATIVE PROCESS APPLICATION ~]Vheat ~Rid~re Department of Planning and Development 6 7500 West 29th Ave.-, Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicants C~r4Y~' ~ ~ Address e-{~ ~~ I,FGG~JL Phone !^~/~ Owner / t.F~% ~rDu<d~ S ~'L Address /gyp (~,) ~ ~~ Phone Location of request ~°6~ ~ ~{ ~~' Type of action requested jcheck one or more of the actions listed below which pertain to your request.) ^ Change of zone or zone conditions ariance/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 e Preliminary Miscellaneous plat Final Solid waste landfill/ ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other 1~ Detailed Description) of request ~ i ~.~C~ /~/AC 7 ~D~~1~121 (~-t'fi~ ~)CCCU ~ (' ~L/~eA©e T C~ F~i4Gf,' -~~ 2 ~ 1%~i C~ Pw °T 1fGt ri CL G+~.Q~ List all persons and companies who hold an interest in the described real property, as owner, mortgagee; lessee, optionee, etc.- -- NAME 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 Subscribed an sworn to me th' .cia of 19 ubl SEAL My co i ion expires Date Received ~ - 6 - y=f- Receipt No. Good z-r•~- Case rto. ncucr,awv ,vu. von vcv av - ao:vv - CORDED IN COUNTY OF JEFFERSON STATE OF COLORgD0 11/19/93 13:59 ~~ _. RECORD&R'S STAYP - ThiB DCCd, ~ Made this 10th day of November 39 93 between FRlTlyl]aT_F. BAPTIST CHORD, A CALDRADO I~ NON-PROFIT COEPOPAIZON ///~~~ I a mrporatim duly organized and existing order and by virtue of Ute Uws of Ute State of CA1,0EAD0 0( the feat Fart. and / 8.6 J ASSOCLiTES, .A CALOBADO GENERAL PARTNERSHIP 8600 Ralston Goad, Arvada, CO 80002 7- a/Ed~/~~ duly organized and existing order and by virtue of the laws ~- of the atzie of CALOHADO of the reeond part: WITN3IS3&TH, Thst the said party of the Ent part, for and i¢ tomidentlm of the sum of TEN AND HO/100's DOLLARS m the a+id parry of the lust part is Lsad paid by the said party of the second part, the nuipt whueof G hereby eonfosed and aelmowledged, bath granted, bargained, sold sad conveyed, sad by these prn<nes does grant harga3v, 3 aeD, convey and confirm, into the said party of the sewed par4 eta rmeeuora and assigns forever, all the fdlowing described or pueel of lead, aitnate, lying and being Fn Ute Comry of JEFFERSON J and State of Colorado to-wit: ,. 7 SEE LEGAL DESCRIP'PION A7•rn['aFn ffiETO AND NADE A PART BEREOP .................. ~.. ji =i. P ~~ ~' =C . TOGETHER with all sod aiagaLr Ute hereditam<vu and appurtrmncca thereinto belmging, or {n mywue +DPertsining, and the rnusim and teverafma, remalndu and remsiad<n, rm4, iuuu and Drafts Utuw[; sad a0 the state, rigL4 title, iaterer4 claim and demand whataoevu of the mid P+*tY of the lust Faro eiUau fa Lw oe - . equity, of, m and m the above bargained Premises, with the hueditamm4 and apportensaua. TO HAVE AND TO HOLD the acid Dnmua above bargained +vd described, with the appuctev+nces into the aid Darts of the second Dar; eta svecosora and auigvs forevu. And the said FRDTIDALE BAPTIST CHOBCH, A COL08AD0 NON-PBOFIT CORPORATION party of the fiat Dart for itself, its avwesaon and anigvs, doUt covevav4 gr+n4 bargain and agree to and wills the said party of the seoond par4 its sme<uora and assigns, that at the time of the maolivg and delivery ~of Uteae pt<s- mts it Fs well seized of ehc Dremiaer above eana<yed, as of good, sore, perE<e4 nbaolnte and ind<Eeas3Fe estate of Fnheritaacq La hw, la fee timple, sod bath good rIg64 fnR power and lawful authority to gtsn4 bargain. sell sad <oavcy the acme is mmv<r wd form aforesaid, and that the ramc arc free and clew from all focmu and other gnnb, bargains, axles, Ema taxes, asaeasmmta sad Fvcumbnnw of whatever kind or natue toevu; E$CEPT FOE TAZES FOE THE CIIBBENT YEABa A LIEti BDT NOT YET DDE OR PAYABLE, EASE!ffi7TS, HPSTRTCTIONS, HESEHVATIONS AND BIGHTS OP WAY OF RECORD, IF ANY.... and the above bargained Peenrisea to We quiet sad peaceable poasesafon o[ Use ssid party of the rums Fxu4 ib rue- cuaora and as+ignr against aD and every Duaaa or pu.ms kwfully claiming or to claim the whole or soy part eh<reo4 the said party of the fast part shag and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The eaid party of Ute lure part Lath weed its eoryonte name to be hu<inm sub- r¢ibed by its Dteaidm4 sad iu wrponte seal to be L<remm affixcd, attested by its r<cntary, the dal and Tor Erat above wrlttw. PRDITDALB-BAPTIST CHOBCH, A COIARADO Attest: .. ... NON-PBOFIT CARPOBATION _ .:..,~::,:,t:ti t` . ~!, ~r `'~{r''` r t~.. g,s"bv. By~g ~-vi.,r_~r/t..na.c -'-' The fecegoive ~itirmmt wan a i ,. n.f, . •~•,~, PBDITDALE BAPT My 10th day of November as Fresidme and as Sea<tary of NON-PROFIT CABPORTION a corporation. Jaauray 8, 1994 ~fEe;al a,•t- Na767. wasaaxrT DseD-t>,w..a.a b Gm.nu..- -- - -, - - ___ wgT I-70 FRONTnbe RD SOUTH - - - $ N,J MI - R-?.f t ~ W~-~-= - -W 43TH AVE ~- I r W2-E4-76 1 ((~ l1 • '~ R r - B 8^ gg B 8 ~ ~ • ~ . 8 KIPLING ']D 8 WZ-eS-IS - SWTFWl~+T SICDIVISIOtia i °- r I A rtsT I--a ruucxrnee Ro scurf, I ~' 3 0 w srrH a F R. ~+ ~ ~ ~- I ~ - I s .~~. a a ~ N I ' w .mH nve - - 8 _ _ 8 8 _ 5 ~~ ~ G i I • ~ y~ 0 0 ~j 8 ~ ~ 6 8 ,,," STRf2T ~~ ~'RD ~ ~ ~ " a ,~-,~.~., ~ ~ .~ i~RD ~. w nT n nve ~~ o ~ g e ^0 • 8 _ - ' 8 Y - - - - ~ r ~~ R-3 ~ P R I T Pc ~ Q, + 3 B,1 t °•N ,,wm~, ~ r w ' _ w nrri nve Y ~+ ' ~ } ~+~ }r~~ / /~u~t / ~.I~ I 7 i ' TI H bsi ~~ - ~S - 1 ai ro ~ WZ..~-9, RG I J 8 • •~ •_ _ W_IiT11 PL p R~ L~tE "y 'I N ~ _ 114.1 r ' ~ ~ ' ~ 1 5 -------- ~ _ 0301 11 100 .8 c 8 ~-I W E R~ gg S g ~_-8 I I ~ ' • ~ 9 } • ~ ~ ~ • wz--rs-ot 1 ~ I ~ .~ I gg ~Z 7 If91GnTE In j - W1EnT RID6E D a~ ~ ~ ~ ~ a ~TxP~ ~~, /1-1 ~~ ~ J .~ , -o,-u SU~~ + • @ ~ p ~ c- - -GYAETTE OITGFi_ _ - I W 43RD hVE O~~ G~ ~L ® AREA REQUIRING SITE PLAN APPROVAL ~~ 21 N I NG M~~ ZO -- ~-_„ ~.•.~., 100-YEAR FLOOD PLAIN ~~ -~_ ( W I I~~T ~I DG~ ~___~ (APPROXIMATE LOCATION) ~m o w ® GOLOR~DO ~°R ~~~" RY SCALE I'~400 _ (DESIGNATES OWNERSHIP) MAP ADOPTED: June 15, 199A Las+ Revision: September 19, 1996 ---~- Yd/Tl'ER FEATURE + DENOTES MULTIPLE ADDRESSES ~~~~~ , OBAR'R-iBdT OF RAMlIN6 MID OE~B.CPF81T - 71i-2852 L:\DRAWINGS\PL~NN?NG\DS\NE21 I P.0` BOX 638 TELEPHONE: 303/237-6944 -The Cify Of 7500 WEST 29TH AVENUE - WHEAT RIDGE, COLORADO 80033 cwheat Ridge August 13, 1997 This is to inform you that Case I~ WA-97-18 which is .a request for approval of a 2'_fence_height yarianc_ a 6' maximum allowed for an 8' fence. on the side yard for urooerty zoned ResidentialnTwo for _-property located at 10600 W: 45th Avenue will be heard by the Wheat Ridge'BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.00 P•m• on August 28, 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 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" W 0 l (n f c ~f If P 963 367, 78p mma I fil < m c ~'~ 4 a~8 qa ~ ° NO T w4 K ° O~ U' m ~ 1 ' M $ m m ~° M ~ ~m V ~ 2~ N w 2 _ .P 9S3 361'781 a~. II ~ _ T f1l c n c f Z ~ ~ I 7°J -i m y ~ (Itf 1 ~l1! P 963 361 782 1 I~! O 1T1 c m c .. ~ ~ m -~i z ~~ Z -I IC ~ ~ y ~ _ +r1 ~~. ~ ~ Q~ o n ny ~ 1 o f ti. N y o h o o~ m r m m q~ °g °~ IF ~ `+~ 2°N ~ Z ll ~ _~ ` 1 N~ £g " ° °m I ~ ~ ~ ~~ ~ . W ~~ f~ ~ ~ ~ ~ ~~ ~ _~ ~! f ~~ or !f ~h ~ 3 f 1 ~ F a ~ s° tf~ ~ ~ m t (r i ` ~ IMPORTANP. 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F o 0 a _ 1 _ ~ N tt ~i 3 °_' ~ e; ~ a ~~- o JJ W ~~ i~+ 4~ -' @$" WO f: y (n 3 W m 0 0 m P 963 361 784 fn m m m m ~ m ~ m y Z O ~ f ~ o o" " n i o ~ ~a~ ~ =H ~ ~o o K O °yc n ~~ it p D ~ m o5 _ _4 P .9&3 361 785 p U) m m m J y m < m c I q ~7 I ~ ~ m ~ ~ 7 J ~~ ~ ~ ~ p dY ili O p @Y 1+ o m of ° ~ r o ~ ~ ~ o ~ m C 04 A~ -°." m ~~ ~ m o0 C ~ ~ d1' ~ v nz m m <o m m nm (~ v o a > y a ti 6 og N • € R pa ~ ~ a ~ ~~ a ~_ r ma ~ n' ~ ° i ~ f ~ ~~ 1 ~~ j ~ ~ ~ y I 1 ~: (P ! a ~ ! x ~ a j _ r a O ~• ~ I 1 H 1 m 1 IMPORIiINP. PLACE STICKER AT TOP_O_F E_N_V_E_LOPE TO ,~ TYC C~n_u" r~~..r-~...... T i m o m ~ m E m ~ ~ ti rn (n w • • _.. ._. m. ' ' 2 -y ' n n ~,~ a p a - fF ]7 ~ w ~ a ~ cu n o ~ m - ~ '~`~-'-1~ ~ W m _ R 3 ~ 3. n ;r ~ _ ~ o ~ C U . r £. ~ ° ~ L d _ ~° ~ ~: „ ; ' a = a ~' o ~ N v A 1. .T- (4 N Z µ d y o £ o~ a E ~ ~ ~ g ~ ~ ~: a_ 1w g N o ° a € ~ o ~ k - ~ ~ a ~ H -~ X m ~ m m a w ~,~ ~ m ~ ~ ~ g ;N =~.~ Y , ' r W a {~ ~ l ~r ~ h 3 ~ s o 1 Q ~ .. Q £ 6 ® , ~ ~ - ~ - ~ - ~ (\ ~ ll m 1+. . µ ~ y d £ O o w i ~ _ B ~ ~.p ~ - ~ ~ 1... ~ ~~ 3 m ~ a: s ~ ~ - ' ° _ ~ n _ o ~ m v __ ~ ~ ~ m E ; __ ~ t o -. - ~ m ~ " d a ~ _ 3 z " _._. n H W V A p N d a ° o ~ a • 3 -- ~-~ z o ~ m ~0 ` ° IXI - ~ n O ~_ - . ., J`\ N ~ pn N l f _d- ~ ~ ~ ~ '~ c a o ~ 0 ~ d ~ G `- _ C ~ da ~ ~ ~ 9o mw a ~. N. y -._ _ .~. a y ~ '~i LtJ ~_ m ~ _s ° a O m o m o ~ ~ ,~ m y mm O. I.II N ~ y ^ S ~ N N ~ a .., wr .. ...-e.a = .~~~ ~ (C) 1996 TRW REDI Property Data 1 MAIL ADDRESS:- 10565 W 45TH AVE MAIL CITY: WHEAT RIDGE CO MAIL ZIP+4: 80033-2600. OWNER A/O: p OWNER NAME FULL: FARLEY NIKKI LYNN SITUS ADDRESS: 10565 W 45TH AVE SITUS CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-2600 2) MAIL ADDRESS: 4485 MOORE CT MAIL CITY: _ WHEAT RIDGE CO MAIL ZIP+4: 80033-2643 OWNER A/O: O OWNER NAME FULL: JONES DALE R SITUS ADDRESS: 4485 MOORE CT SITUS CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-2643 3) MAIL ADDRESS: 8600 RALSTON RD MAIL CITY: ARVADA CO MAIL ZIP+4: 80002-2351 OWNER A/0: A OWNER NAME FULL: R & J ASSOCIATES SITUS ADDRESS: . SITUS CITY: STATE: CO SITUS ZIP+4: 4) MAIL ADDRESS:- _ u -- 0 RALSTON MAIL CITY: AR A CO MAIL ZIP+4: 80002- 351 OWNER A/O: g OWNER NAME FULL: R & J S IATES SITUS ADDRESS: SITUS CITY: -- STATE: C SITUS ZIP+4: 5) MAIL ADDRESS: 651 W 45TH AV MAIL CITI': WH T RIDGE CO MAIL ZIP+4: 80033 665 OWNER A/O: A OWNER NAME FULL: EWING M R SITUS ADDRESS: SITUS CITY: STATE: __ - C SITUS ZIP+4: » 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: August 28, 1997 DATE PREPARED: August 20, 1997 CASE NO. & NAME: WA-97-18 / Todd CASE MANAGER: Sean McCartney ACTION REQUESTED: A request for approval of a 2' fence height variance to the 6'-fence height requirement. LOCATION OF REQUEST: 10600 West 45th Avenue NAME & ADDRESS OF APPLICANT(S) Richard Todd 4570 Teller Street _ Wheat Ridge, CO 80222 NAME & ADDRESS OF OWNER(S) R and J Homes Inc. - -.---- __-- APPROXIMATE AREA: 12,720 square-feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Two-Family residential SURROUNDING ZONING: N:, W:, g,,:, and E: Residential-Two _ SURROUNDING LAND USE: ~: and W: Two-family residential, $: and E: Single- - family residential DATE PUBLISHED: August 8, 1997 DATE POSTED: August 14, 1997 DATED LEGAL NOTICES SENT: August 14, T997 - _ _ 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 and posting requirements have been met, therefore, there is jurisdiction to hear this case. Board of Adjustment Staff Report Page 2 Case No. WA-97-18 / Todd I. REQUEST The applicant is seeking approval of a 2' fence height variance to the 6' maximum fence height requirement to allow ,the construction of an,8' fence. The applicant initially approached staff regarding a civil matter between said property (10600. West 45th Avenue), and the property to the east. He has stated that the property to the east is visually unattractive and he is having a tough time selling the property. Therefore, the applicant believes this visual blight is creating a hardship for the properties market value. The proposed 8' fence would be located on the .east side of the property and would not extend past the existing two-family structure. Pursuant to section 26-30(I)(1) of the Wheat Ridge Code of Laws, no divisional wall or fence may be permitted above 6' in height. The applicant, in_ this instance, is permitted to install an 8' hedge or tree barrier, as permitted by right, to provide aesthetic .relief from the adjacent blight. At the time this report was written, staff has not received any written or verbal complaints regarding this request. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for a variance: 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 request is .denied, the property in question may yield a reasonable return in use and service. Although, if the request is denied, the applicant believes that the visual blight to the east is hindering the sale of this property, thereby effect the reasonable return in income. Board of Adjustment Staff Report Case No. WA-97-18 / Todd Page 3 2. Is the plight of the owner due to unique circumstances; and, No. The plight of the owner is due to a civil matter between he and the neighbor to the east. 3. If- the variation were granted, would it alter the essential character of the locality; and No. Although there aren't any existing fences over 6' -in--the neighborhood, this fence-will be located in the designated side yard of the-property, in-line with the house. -- - 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. The property in question is relatively flat .and rectangular in shape, therefore-there isn't_any physical hardship attributed to the site. The hardship of this property is due-to the apparent visual blight of the property to the-east. 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, Yes_ If ..the request is approved, the applicant believes the property has a better chance of .selling. Due to the current status of the property to the east, the applicant believes the property in-question is not selling. _ _ Board of Adjustment staff Report Case No. WA-97-18 / Todd Page 4 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property; and, Yes. .The applicant has created his. own hardship. The hardship attributed to this request is based upon a civil issue between two , property owners. 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. Granting of this variance will not be detrimental to the public welfare or other property improvements_as the proposed request is for an 8' fence to be located along the side property line, mostly out of the view from other property owners. 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 property values within the neighborhood, and No. The proposed variation would not increase the congestion in the public streets or increase the. danger of fire or endanger the public safety. But, the proposed 8' fence may impair the adequate supply of light and six to the adjacent property to the east..-_ 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? Approval of this variance would be solely for individual benefit. Yet, if approved, the proposed fence should not detract from any other property improvements or alter the essential character. of the community as the fence will be located on the east side of the property, away from view from the rest of the neighborhood. PUBLIC HEARING SPEAKERS' LIST CASE NO: wA-97-18 DATE: August 28, 1997 REQUEST: An application by Richard Todd for approval of a 2` fence height variance to the 6' maximum fence height requirement to allow and 8' fence on the side yard. The property is zoned Residential-Two and located at 1Ob00 W. 45th. Avenue. WIiEAT RIDGE BOARD OF ADJfJSTMENT MINIITES OF MEETING: August 28, 1997 Page it 5. The magnitude of the 100% request would seem excessive given the intent and purpose to the ordinance. Motion was seconded by Board Member ECHELMEYER. Motion carried 6- 0. Resolution attached. -a~ sP ~`T~' ~A-9~-~A•= An application by Richard Todd for approval of a 2' fence height variance to the 6' maximum fence height requirement to allow an 8' fence on the side yard. The property is zoned Residential-Two and located at 10600 W. 45th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered 'into record, which Vice Chairman MAURO accepted. Board Member ECHELMEYER asked about the height of the fence and would it taper, Mr. McCartney explained where the 8' fence would begin and was not too sure about where the fence would start tapering. Board Member THIESSEN wanted to know if the sheds are within code because if not, that could solve some of the problem, and Mr. McCartney replied there has-never been a formal complaint, however there could be some investigation. Discussion followed. The applicant, Richard-Todd, 4570 Te-ller Street, was sworn in. He' has built 28 units and all have sold except this one. When walking out the patio door on this unit, the first thing seen are these `lean-tos' or shacks and he is sure it is because the structures are too close to the fence. He-did not want to start a big `ruckus' with the neighbor, however the sheds are built right 'up to the property line, and Mr. Todd feels an 8' fence is the solution. Board Member THIESSEN thinks it looks like a fire hazard, and Mr. Todd agreed, saying at least his units are all brick and 14' away from the fence. Mr. Todd said he does want this looked into if this fence variance is not approved. Discussion followed regarding types of fencing that could be used. Board Member HOVLAND asked if landscaping could be used as a barrier, .and Mr. Todd answered this site has a drainage area that goes around the whole perimeter, of the property that cannot be planted in. He noted the units are all single-level ranch style. .~ WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: August 28, 1997 Page 12 Board Member ABBOTT said he feels there is somewhat of a hardship and unique situation, but is not real enthused about a solid 8' fence if indeed the problem could be taken care of through code enforcement. Discussion followed regarding building the remaining 2' height in something other than solid. Mr. Todd stated no one except this unit and the property with the sheds will be able to see this fence. He said this is a hardship as he has been holding this until for 8 months and paying the interest. Board Member ECHELMEYER commented the whole neighborhood is fenced the same way with the same material, and feels if the applicant just went with 2' higher slats, it would blend in with the neighborhood better. Vice Chairman MAURO commended Mr. Todd for wanting to meet his neighbor on nice firm ground and since this is not a visual blight is in favor of the request. Board Member HOWARD questioned the code regarding having different posts, and Mx. McCartney replied that would be in the Uniform Building Code and would be dealt with during the permit/building process. Motion was made by Board Member HOVLAND, that Case No. WA-97-18, an application by Richard Todd, be APPROVED for-the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the ten specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. 2. The area is obscured from public view and the 2' addition is not a significant impact on the surrounding neighborhood: WITH THE FOLLOWING CONDITIONS: 1. The additional fence height begin no closer to the front than the 30' setback of the home. 2. The fence will comply with the Uniform Building Code. Motion was seconded by Board Member ECHELMEYER. Motion carried 5- 1, with Board Member ABBOTT voting no. Resolution attached. E. Case No. TP- 7- An tion by John D. Colip for a Temporary Use Permit to allow a ive- coffee shop on property zoned Commercial One and- Gated at 431 Wadsworth Boulevard. a 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 ~_ day of A~ ~c 1997, CASE NO: WA-97-18 APPLICANT'S NAME: Richard Todd LOCATSON: 10600 W. 45th Avenue Upon motion by Board Member xOV seconded by Board Member F H rM vFR 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-i8 is an appeal to this Board from the decision of an Administrative Officer; and 1 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-i8 be and hereby is APPROVED. TYPE OF VARIANCE: A 2'. height variance to the 6' maximum height requirement to allow an 8' fence. FOR THE FOLLOWING REASONS: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the ten specific questions to justify the variance, the evidence and facts in-this case do support the granting of this request. Case No. WA-97-18/Resolution Page 2 2. The area is obscured from public view, therefore the 2' addition is not a significant impact on the surrounding neighborhood. _ -- WITH THE FOLLOWING CONDITION: 1. The additional fence height begin no closer to the front than the 30' setback of the home. VOTE: YES: Echelmeyer, Hovland, Howard, Mauro, and Thiessen NO: Abbott DISPOSITION: A 2' fence height variance granted by a vote of 5-1. DA this 28th day of August, 1997. NDA MAIIRO, Chairman Mary1L u Chapla, Secretary oard of Adjustment Board of Adjustment s., -~ y