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Home My WebLink AboutWA-97-24meaty or Wheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Address U~i3~. G.J. 5/yT~f ~~ phone Owner ~rl-T/Y ~~i~o5r l~N ..~c/1l~/iiJAddress ~G3~. ly. C/f!i/! ~,~ Phone 7 - a ,3~ 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 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 o£ Applican Subscribed and sworn to me this day of 19 SEAL P. RPC!P ].VPC3 Re r.aint Nn ('a ca Nn Notary Public My commission expires L.JNonconforming 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 September 17, 1997 Sean McCartney, Planner Office of City Planner Wheat Ridge, CO Re: Request for 7' variance from present 30` setback to 23' setback for garage at 8632 West 44th Place Our son, Chris, was diagnosed with an incurable heart-lung disease, Primary Pulmonary Hypertension, four years ago. He has lived on his own since before diagnosis, but recently his condition has changed. He is now on a very sophisticated, constant infusion drug, Flolan, which requires more care and has limited his activities. For this reason he has moved home with us. He has his own bedroom in the basement, adjacent to our present garage, but no other private area. We would like to extend the front of the garages which would give us more area at the interior to convert to living area. This would allow him more privacy and the ability to live more freely and enjoy a better quality of life. Thank you for your consideration in granting our request for a variance. Walt and RoseAnn Schmitt rti ~.~ (1) r c~a ~~ t~ :.-- ~: Recorded at .............~......._o'clock_..._~.M., ............................~...._......~_-..._a~._.: AGu ~f `~~s.Aik '~ ..:: Reception No. .............. ._._..._....._....__......~.__..Recorder. Z'IiIS DEEDr blade this 28th day of MaT'Ch between STEVEN C. CROSS and EUNICE V. CROSS of tho county of Jefferson Colorado, of the first part, and ' WALTER D. SCHM:[TP and ROSE ANN SCI~LiTP I f i ..; e ~,~.~a~ 19 ($ FILING STAbIP o ~ ~ t''tn ~Ci~ ~` o ~ mac yn' SI Oil: -i -e -C S o ,-, R1 fil ~~ Zn"`~- and State of rv, c RI ~. _~ 3; .~.~,~~ _.' - c ~~i Qt-. c;, ~.i L , M ~_I _T ., rlY i'- I -Z7 s ~, .. CI .. ~ _ _ .. Hof the ~ '' ~• : '~ Count of 'and State of r^ ~ Q ~ ~-%•. ~- y Jefferson ., I ~~ cr, _ i' .Colorado; of the second part: ' R*ITNE5SETII, that the said party of the first part, for and in consideration of the sum of ;THIRTY;,FdUR. THbU~SAND FIVE HUNDRED and no/100 _ _ _ _ _ _ _ _ _ _ _ _ _ DOLLARS ':and other good and valuable considerations to the said party of the first part in hand paid by the said parties of tho Csecond~part;•tl;e'recelPt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these .presents ~docs grant, bargain, sell, convey and confirm unto the said parties of secoud part, their heirsand assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in tha County of JEffErsori aztd Stato of Colorado, to tuft: >•,~;m, rAt 3, CI~sTVZEw I-1EICI-i<rs, according to the recorded plat thereof, County of Jefferson, State of-Colorado TOGET$ER with all and singular the hereditaments and appurtenances thereunto beIonging,,or in anywiao appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits tI:creof; and all the estate, right title, interest, claim and demand whatsoever of the said party of the first part, tither in law or equity, of, in and to the above bargained premises, with the hcrcditaments and appurtenances. TO DAVE AND TO HOLD the said premises above bargained and described, yvith the appurtenances, unto tho • said parties of the second part, their heirs and assigns forever. And the said party of the fast part, for himsd'f, his • heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of tho second part, their heirs and assibn3s, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and Iativful authority to grant, bargain, sell and convey the same in manner and fo:.zn aforesaid, and that the same are free and clear irotn all former and other grants, bargains, sales, liens, tales, assessments and encumbrances of whatever kind or nature soever, eXCept all taxes and ', assessments due and payable subsequent to date hereof, and except easements and restrictions of record. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, Lhe survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shaII and will WARRANT AND, P'.OR]Y~R<rAEFEND. The singular number shall include the plural, the plural the singular, and the use of any gtendc£ `sl ~II ~r fd5plx~t~ble to all genders. 3 ~:°+'~tL~~L~~~S~,~EOI' the said party of the first part has hereunto set his hand and seal the day and year . -' iV ~' I. \3 L -A' ~., Ci{` ~. i~ a, uuv Yp~M w.y~a{V f ~` rte C~l~~~~,:~ii~~'lTa~~'-iat;the-Presence of .;.!,!.„ ;~.~.~~. ~...~L,:~.:.r.,{,.. *~___[SEAL] _ .... x ~ ~teven C. GY'oss Y2..~ 4p Y~ 1. ~.. m /~:W ` P~£S ~`a~ ...._ ~ ~~-•--- -._ . .............. ...[SEAL] 3 'S+i ".its ~.~ 1 s ~,"~~//~~~-~G~-=---+- ~ , ~`•~ l~~, ~ C~,"f~~1,.,~.. ce V. Cross ~` ti~'1"..°0tr~r'S'1~~T~'-0F COLORADO, - - County of Jefferson ".~ j~ The foregoing instrument was aclcnotivIcdged before roe thisLD ~ day of March , 19 (7$ , i. by° Steven C. Cross and Eunice V. Cross. bfy Commission expires 'Mas•Ch 20, 1972 , 19~ Witness my ban and official seal. Notary Public (~}q W i. Aro.323A. NdRAANTY DEED.-TO ]Dinh Tenants.-Bradford Publishing Co., IS24-4G Stout Street, Denver, Colorado ; •IP byy nstnra7 person or persons here lnaerf name or names: if by Hereon actlns >n reDresentatlve or aYPiolal cappachy or as attorney-[n-Pact, .then tnaert name oY_Derson as executor attorney-In-fact or other Capacity or descrfntton: ff by nf1ln..r t,...._ 2U-U1S8/b-4 Rccordedat o'clock_M., RECEPTION N0. 930k3935G1, Reception No. - _ - Records 1 ~ 21 / 93 9 : fnQ; 5 - p~ - ,, .. ~„ _. RECORDED IN REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE ~ COUNTY OF JEFFERSON J~ St tv .~ ~. t'd DECEMBER 31 1992 Date WALTER D SC-I)A43~-T- S ROSE ANN SCHMIDT ~~ uai~ Grantor (Borrower) FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF DENVER FIRST FEDERAL SAVINGS BANK OFCOLORADO / Original Beneficiary (Lender) MARCH 29. 1968 ~ .Date of Decd ofTrus[ APRIL 3 1968 / According Datc of / Dcsl of Trust JEFFERSON / County of According 274 8 5 r .Reception and/or Film Nos. of Recorded Decd of Trust Attcption NO. Film NO. 2008 / _403 ~ 0ook No. Page xo. Book and Pagc of Dced of Trust TO THE PUBLIC TRUSTEE OF ~IEFFERSON County (The Public Trustee to which the above Decd of Trust conveys the said property.) Plcasc execute this release, as the indebtedness secured by the Decd ofTrust has been Cully or partially paid and/or the purpose of the Deed oCTrust Itas been fully satisfied. State ofColorado, County of JEFFERSON The foregoing request for release was acknowledged before me on DECEMBER 31. 1 2 (date) by F3.ATN~ M SAi"NELSON SENTOR VICE PRESIDENT FIRST FEDERAL SAVINGS BANK OF COLORADO ~ l 3 /6 /93 - - Date Commission Expires ~ L-E RELEASE OF DEED OF T12UST - , ; WF'rHREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in 3aid'Decd of Trustao the Public Trustee of the County referenced above, in Utc State ofColorado, [o be held intrust to secure Utc payment o{Ilia inQchtedacss , referred to Utcrcio; and ~r, ~t~'., ,. WHEREAS, [hc indebtedness scoured by the Dccd oCTrust has been fully or partially paid and/or the purpose of U7d.~eetlpf:Tr'usE'~~ has been fully satisifed as set forth in the written request oC the current owner and holder of Ute said indebtedness. ' ` +y .~' •~ NOW TFIEREFORE, inconsideration of the Premises and the payment of the statutory sum, receipt of which is hereby acknowl- edged, I, as the Public Trustee in the County first rcCercnecd above, do hereby remise, release and quitclaim unto the present owner or owners of said real property, and unto the heirs, successors and assigns of such otntcr or owners forever, all the right, title and interest which I have under and by virtue ofthe aforesaid Dccd of Ti'ust in the real estate described therein, [o have and to hold the same, with all [he privileges and appurtenances thcremrio belonging forever, and Further I do hereby fully and absolutely release, cancel and forever discharge said Decd of Trust. H~Lt~.'.'l~ ~(-~g~~~~ys JEFFE,RSt~,~ State of Colorado, County of The foregoing instrument was etkpon~d~cd~c me on -~rt~ic~r~~'>dr~~HH~iVV~n(date) by ---~~y~.' as Ute ---- S~~- Public Trustee of -- - 'County, Colorado. - - Datc Commission Expires 4C aPPliwblq insert tine oCagen[ or officer aed name ofeurrevt owver aM holder. r~ ~ Nape b t~ DcPY Public 7rusla . ~. ~j~~~~,~tl N E v'~9~ ,, ~ ~aOTRRy ~'.,'-. ~ ~~it~ess My Ha.r~ and Seal - rF Original Note and Dced of Trust Returned to: Received by ~ ~ r ~'t ' , ( ~ F Witness My Hand and Scal'% '~~.,? Arzpahae St, Golden, C6 80d1~1 No. 904. Rev. 6.92. (REQUEST FOR)(RELEASE70F DEED OF TRUSi® Rtadford Publishing, f743 Wazcc St, Denvcy C060202-(303)292-2500-^-92 WHE RECORDED RETURN TO: J ~~ ~~ FIRST FEDERAL SAVINGS BANK_O~ COLORADO Currevt Owvcr mW Holder of We [ndebtcdvcss Secured by Dccd of Trust (Lender) - ~ ~ ' cn i3 Y7~ p7 _ ~i ~\` ~:6 a° 'v;. . Recorded at ..............._....___-o'clock..-.....-14L, ,.~....._...........-_.._...~__-.....-..~,:_rt . Reception No.._ .........:......:..:...-.-----._.---,._.-....-...._.._.._.__-.._.....~..__..-Recorder. `rD.IS ,11;T.D, bfade this 28th day of Maroh ~ 19 68 between STEVEIJ C. CRCSS and h'UNICE ~V. CROSS of the county of Jefferson . Colorado, of the first part, and WADTER D. SCHMI7.T and ROSE ANN SCHMITP and State of _- 7. U ~ . TILING ST AMP ~ c ~ c •, ~ ma -<~ o ~, Rl to ~~ =n'~ ,- Vi C' .-, .. ~. V '- Cam' _< ~.'; cam ~ , °~-f ~ I Il, .• f~ ~I w ` • ~f the ~ _' "~ . County of Jefferson and State of ~ ~ N c~i~ _ "..: I „ ;;Colorado, of the second part: ~VITNZ;SS}'.sTIT, that the said party of the first part, for and in consideration of the sum of 'THT:RTY.;FdI7R. !rxdU~IVD FIVE HUNDRED and ri0/100 - - - - - - - - - - - - - DOLLARS ~-~and other good and valuable considerations to the said party of the first part in hand paid by the said parties of tho 'second~part;`tllc iece~pt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these .presents aloes grant, bargain, sell, convey and confirm unto the said parties of second parC, their ltcirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Jefferson. and Stato of Colorado, to wit: Lot 3, cRESTVZEW HElcz~rs, according to the recorded plat thereof, County of Jefferson, State of Colorado TOGI;TIIRR with all and singular the hereditaments and appurtenances thereunto belonging, or in anywiso appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in noel to the above bargained premises,-with the hereditaments and appurtenances. TO kI6~'E AND TO IIOLD tho said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for }timseL:, hia heirs, executors, and administratot•s, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, Perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same is manner and iout aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, ta::es, assessments and encumbrances of whatever kind or nature soever, except all taxes and assessments due and payable subsequent to date hereof, and except easements and restrictions of record. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, Lhe survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any Part thereof, the said party of the first part shall and will WARRANT AND: P.ORE~t~~F,ERyJJ,1;F1;ND. The singular number shall indnde the plural, the plural the singular, and the use of any gendcY''sltu~l },'e~'a,ISpTtd,}tble to all genders. ~z~i~ty~7~j~~, r`y~j~);OF the said party of the first part has hereunto set his hand and seal the day and year itl's~t4'sbgx'a +at ~' l4~2 ?~4, ~Sti,Aed„a~~L~. ~i~2,v~7.' d azt the~Prosence of .. .~ - ~ fl/- -~ -- ,~ ' w.' ~teven C. Cross • s•. N ,. V .~, t f .A ' L~ cx ~E: Cis ~^ ,. , ..... ___ .....__. _. 4`~ r '' ~" r ~ far. 46e55 t ' ; ` Wm. ti. BargwiR, CDnaDleng Engineer Yaur i6 334576 i ~ ]23 DELAWARE ST. AREA CODE 303, 222-]D3E 3CHAlITT !a ~ DENVER, GOLOAADO 80204 Fj,rst Federal S. ', 1~(/~s ~ A9,~l,. P/ate e : ;:... ,,.... • :,,,:• r iG c'9..t:: p, a.. m:. rv:,. r+.! •n, ~"q'.67~ era,rc'.•ri.r ~t,. 7x.32' / i 0 ~ u ~, '{}I~CIPGSi~sC~ Q, L ~' ~. ~' j j r0~ ~ ,~ , Tiva Cor ~----Co9~8~ ---~ i2.7' ~ j G Q.d c # p .n Be/a~ BC.i"2-90 35./- ' ~~' ~" •' ~ Oi3e soy ,Biic,(' (~ ~ ~, -, v ;-- r \ ~ ~csii~e ncc '~ I ~ ~ __ ~ .722 ., ~ q ,1 i ' 4 M i i r ~ : 1 - L--------52--------~ + ; j ~ (~ Lo r J~ .SCa~ev/'~Q : i ~ ,. ' /a' ~ ~~ . 2310 U '~ i . . i S «. 90•E i iI Q1'~ ~~Tv'., 'S 6_O~s6.~ i , ~: • ,., .,, ~: ~: , : ; '- r ! ~ ~ ( l f ~ I Tl:is ccrtities that the above is a true and correct plat of a survey made by me this 25th day oP March, 19fifl, r ; of the property described as Lot 3, CRLSTVII;W FIIsICHTS, County of Jefferson, State of Colorado, V , ' 1 i j ; ,, i ~ ; ,, and that LT:e location and dimensipns-of all building improvements, easemeiifi3'of rights-pYway ir.4vidence or lmown to me, i and encroaclunenta by or oxt the premises are accurately shown. This plat made for loan purposes and-should not be used for t conEtruction o~,~eZ,hb~~,~lditional improvements.' ~'° ' Off" ~ ~I,S~'~1„ Fp ~ . r Conau En$i r f~ ~~` li\~ C\ rim. H Bu win r '~ .. hy~ ~ r 'By .. .... ....... ... ~~ ~y c~~ ~ ,~.°. ....... ........--- ............. ' , ~. , . ~' ,<,,,~~ coy-~^``•~ •''= ... .., .~i ;.);~~I.: ~ ~, ., . ~~'~ ', `- r ~ - i I _,. -' --- _ ,. _ .._. 4 CAL':` _ ~~IF~1P- iT ~ s~lTxtip~J _ . ~~II. 46855 Wm. FI. Sur$win, Consu~lins'EnBincer Your /F 331:57b ]23 DELAWARE Si. AREA CODE 303. 222-7033 ~ SCHMITT ~.: . r DENVER.GOLORADO 60204 First Federal S. , ,, ,1.• 1 ~G 2j.~.i,: y.... ,:. n~.c;nf;. .r„ , .n,,.:. rlgvrl yn i G ~• B 70.32 • / ~1 u 0 ' ~ ~' ~' #~ao~s~ °. U1 I ~ Q ~~• T C ~ --- ---~ Cove~eo/ h 4 ~ /2. J' i ivo or ' - b :W •.~ GP.d ~ ~ 92.z - I ~ ti ~~ ~._ b ~u/e ~e,Y . - ~ _ ...: 8.30/ _.~ - i Rii ' 1 _... ~- . I~ ' ; - L-------'?~------- ~ o ' r j j . ; i; Lo ~ 3 Sca/e /'°~C ~ " l ,o• ~3~~ ~ ; .- ' `.~ r Yla~ jC dS 3o • J c I c- ~o•E- i r'J 1 /fir ~. ~~.. q0 !~~ i ( ~ / ~ ~ F: ~, ~ ~ J I ~ j ~' ~ . This certifies that the above is a t rue and correct plat of a survey made by me this 25th day oP March, 19b8, ~ of the property described as Lot 3, CRFSTVIFW HuIGHTS, County of Jefferson, State of Colorado, ~ ; ~ j ; ' ' i _ _ ~ _ , ~. '~ _`_' . ~ ' - -~~ .,f ~''_ 4 ~: .. A 4, '~ ' 4?? / //Y'7 /f ~~ h~ ' ,, J ~~ ~ , is t~ %f/,~'r ..FT'Y57•. ~ /2. ~ .. r , `t ~. •'~~ _ _~ ~_.... ~ f f ~ I , ~ 3 ~ 'A' ::~ ~ ~ ,..I I ~ I t ~~. . , ~~; ~ ~' ~. ., i , :'~ ~) .Y~. ~' •~ ° ~ ~ , J~ ~ Car' ! ~ l~ ' C I~i > ' > fN ~' ~ ~ s . ,7 ! ._ ~ ,1_ ~ ~ M1 i _. -. ~- T . .~ _.. _ _. _.1. , o __ _ _ _, :~~ ,~ ~ . . .. i { -~ ~ - /p.G/7.~/ if/' ~v'is7.~ r ...... ..... . ... ... .. . -- 7 .. - -, .._ ~,- . -~ .. '~ -~~/ f ,,_- .1 ~~ .~ 109 ~~il' '~ ~~.O-S R, ..-~,fij F..-.% ~f/~ ~~J' I i __ _~/~ -_:. `'' <~ , 1 ' 'i ;, ~,~ , . ~ ~ .,' ~- / _ ~~~.~/s/cam ~v~i s l~ 7~ ~.~sr cCa•vc . ~' =.~.'o'r~~ ;~ ~---- ,~ Y fir; ~<.r~-.~/ ~ ,.,- ,~ r q ..% ~~y%p ~' /1.,8, Gr. 9 ~ "c~'.. fi . F": '. ~ / 7h,~ee4 e` 1'!s,-/h~ ~~ itd nc~- ~ ~ ; ~ ~~~ mot,. I 41 _ ~. ~. - - -- I ,'-~-~1 ;, , ; ~ .:_ ~_. ~ `ri .. ~- `y~'~ _.... , , .- /-ytS~ij~-.~ /_ -~?ff~T ~/~r"/~ ..F/fJ~C/f~ i"`7 ~ v~r/y ~ ''! .ten M .. .d= ~I :.`L~ f _._ _ -, ~~ 'r I ~.t. P 0.00%638 T[IEPHONE' 33/237-69Gd The Cify Of 7500 WEST 23TH AVENUE -w11EAT R~OGE. COLOPADO 80034 cWheat y • ~ Ridge POSTING CERTIFICATION CASE N0. ~~ °97 - ~ PLANNING COMMISSION - CITY COUNCIL - OARD OF ADJUSTMENT (Circle One) HEARING DATE:/~ 9-aS' ( n a m e ) residing at , ( a d d r e s s) `" as the applicant for Case No. /,{J~-q ~-~~ hereby certify that I have posted the Notice of Public Hearing at - - l o c a t i o n) on this ~ day of ~ ~/2T~/~'l ~~ , 19~~, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature:~_~ (~, ~/~o _ NOTE: This form must be submitted at the publi hearing on this case and will be placed in the applicant's case file at the. Department of Community Development. M A P PUBLIC HEARING POSTING REQUIREMENTS Applicants are required to post a NOTICE OF PUBLIC HEARING before all Board of Adjustment, Planning Commission and City Council meetings. Signs will be provided by the Department of Planning and Development. One sign must be posted per street frontage. In addition, the following requirements must be met: ^ The sign must be located within the property boundaries. ^ The sign must be securely mounted on a flat surface. ^ The sign must be elevated a minimum of thirty (30) inches from ground. ^ The sign must be visible from the street without obstruction. ^ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of public hearing. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form at the public hearing. 7500 West 29th Avenue -Wheat Ridge, Colorado the City of Telephone 3031237-6944 Wheat Ridge September 9, 1997 This is to inform you that Case No. WA-97-24 which is a request for approval of a 7' front yard setback variance to the 30' front yard setback requirement to allow a garage to be placed 23' from the front property line. and located at 8632 West 44th Place will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at7 30 P.m., on Thursday. September 25, 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 desires to review any plans, please contact the Planning Division. Thank You. PLANNING DIVISION "The Carnation City " t1 P 963 361 590 I .9 O 7] CJ 0 -- -~ JJ W O R Lt p G3 E-; S r n .' w P ;+. lf~ D 31 m m m T A n v z m y I o m g~ o n - ~, P 963 361 591 m m m m m ~ ZI m y z W y+ ~ N 7 ! M 1't t' r +'3 yp o . ' r ~ ' ' n~ M W ~ n L ° i~ p O a - Q ~ NO O5 m fir, ~, ~• i-, g m g m m ~ m$ ~. _ -. ~4_ :' w m 0 0 C O .N-. 91 (D A (D ~ ~ rt ~ =^.~ ~Z ~ ` ~~~ o =- ~ .._. ~ ~- ~. s _ ~ c __. w j d C } ~ W 4 i __ _. ~ N Q /\ w N ` ~=~T~ [i A ~ ~ • `° y "' _ g i ~ ~ ,; ~ ¢ A a m y i6 W ~ m m 3 1't F! _; i+. `~ ~ n _ o n F ~ ~ o - n ° ^ O ~ N .r f1. b^ `G O W ~ ry O j N g fi F _ a 3 ~ 5 ~ m m ~, o - ... - --- p ia_-~ D ~ ? c ~ 1 ~ n ~ ~~ S ~ m. ~ ~ ~' ~ n m o o .. y m ~ 3 ~° ~ Es rr - -~ ~ a d f+ ~ ~ °+ = V O m ] o N f~, °`~ ~ F o H $ ~ tr " .~ T ~ ' ° ._ , µ .' _ ' 3 w m ~ ~ ~ ~ ° ° _ g r. = m .r ~ 1~ c 6 ' - _ 3 4+ ~ v ~ y -1 D ~~ [_ ]J T ~ ti ,' ~ D ~ m T ~ p ' y J fF ti G a g o m rv '3 m ~ 3 7 W N J ~ ~ f. ~ ° 'C : ~... r a y a o o ~ N _ .,,, ~ F o H d _ o o e+ F ~ _ $ 3 m m' S' } o ~ - = q a o .. ° 3 - o m a o '° F ' m ~ o°, '°^ m ~ ~ ° ° m _ _ ~ ' 3 - c " - v Q ~i d --~0 n ~ ~ ,W m ~1 -J a m I I ~ N ~ p I I ~' n .'^. V1 Gl t7 O N C5 2 w0 D a < m m o m ~ = ~ ° o A, N N A N N O N -~ O m m a Q I T ~ ma . ~ ~ a <` . N y \, W Ci m m Q O ~ 4i lP O b o y m 1 Ln a D d < Q Ri m m m m i w m P 963.361 592 1 P .963 361 593 U, ~ m a ~ T {~ ~ ~ °Zi 1 z ) m -° 37 C'y1 ~~ 1 ~wa ~ ~ ~ ~~ i o ~ ggpp }t ~ Q. o " vi ° ~~~ ~ f o ~~4n p O NO m 1 O K M w ~ ~ Z ~ y o m ((y~ ~ $ m " o ' Cn Q ~+ zn o m `°n O ~ ~ N ~ ~ ya 9 O n Al Ly 0 z _ on ~ ~ ~o <~ G r `~ v 4 I v I ~ 1 n _~ Q 7 ~ti fl1 O 'o ti a R 9 °a m --~ -~.^ ol~G~l ®i _ d _ w '+ ~ !- = `°. -. m i Q^^^~ i.__- __ ~ A .+ IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDR_iESS. ,~a ~ a~~ ~ - ** C026 ** C026 ** C026 Rogelio L Madrid Walter D Schmitt Mildred B Tilley 8653 W 44th PL 8632 W 44th PL 8633 W 44th PL -.- Wheat Ridge C0 .80033-3201. Wheat Ridge CO 80033-3202: Wheat Ridge CO 80033-3201- ** C026 ** C026 Walter D Schmitt Douglas J Dawson - 8632 W 44th PL ___ 8622 W 44th PL Wheat Ridge CO 80033-3202 Wheat Ridge CO 80033-3202 ** C023 Frank A Cosolo 4370 Dudley ST Wheat Ridge CO 80033-4338 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: September 25, 1997 CASE NO. & NAME: WA-97-24\ Schmitt DATE PREPARED: September 17, 1997 CASE MANAGER: Sean McCartney ACTION REQUESTED: Request for approval of a 7' front yard setback variance, to the 30' front yard setback requirement. LOCATION OF REQUEST: 8632 W. 44th P1. NAME & ADDRESS OF APPLICANT(S) Walter Schmitt 8632 W. 44th P1. Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 12,508 5 are feet PRESENT ZONING: Residential Three PRESENT LAND USE: Two-Family dwelling SURROUNDING ZONING: :and E: Residential-Two, W: and ~: Residential-Three SURROUNDING LAND USE: ~:, E: ~T: and, ~: Mixed Residential (Single and Two Family) DATE PUBLISHED: September 5, 1997 DATE POSTED: September 11, 19.97 DATED LEGAL NOTICES SENT: September 11, 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 and posting requirements have been-met, therefore, there is jurisdiction to hear. this case. Board of Adjustment Staff Report Page 2 Case No. WA-97-24 \ sCHMITT I. REQUEST The applicant is requesting approval of a 7' front yard setback variance to the 30'_front yard setback requirement to allow an addition to the existing two-car garage. Approval of the request would-allow fos'_the _ garage to be-placed 23' from the front property line. The-applicant has informed staff that-he is requesting the approval of this request because their handicapped son has just moved in-and they. need additional living. and storage space. Their. son has a rare disease of the lungs -(see attached letter), thus requiring additional medical attention. He has had to move in with his parents (the applicant), thus creating a need-for additional living space.- He is 33 years old.- Currently, the residence is a two-family dwelling and the applicant-_is the owner \ resident of, the duplex. There was a building permit issued in 1.997 to construct a_single-car attached garage, on the west side of the property, which is being used as parking space for the other tenant. The proposed addition will be a 15' x 30' addition to the front of the existing two-car garage, which is located on the same -level as the_- basement allowing the son direct access from his room in the basement. The addition will be used to allow for a workshop for the son, storage and adequate_parking space in the garage. The applicant's home is currently 38'6".from the front property line. The applicant. has also stated that_ the proposed addition will be designed to match the existing .brick facade, and retain a similar roof type and slope. Pursuant to section 26-15 (f) of the Wheat Ridge Code of Laws, all structures located within the Residential-Two zone district must retain a 30' front yard setback from the front property line. 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 i£ permitted to be used only under the conditions allowed by regulation for the District in which it is located; and, Yes. However, the applicant has stated that he 'is seeking approval of Board of Adjustment staff Report Case No. WA-97-24 \ SCFIIdITT Page 3 the request to allow his son to have a additional living space and work place-to do painting and wood working, whip still. utilizing the space as a garage. 2. Is the plight of the owner due to unique circumstances; and, No. The property is a rather large size lot (12,500 square feet), so there Seems as though there is_aadequate space area on the property to build. -However, the fact that ,the applicant's.--disabled adult son has had to permanently move back in-with his parents-after several years on his own,- may be considered a unique circumstance. There _ia__a- substantial grade change between the front and rear of the property. 3. I£ the variation. were granted, would it .alter the essential character of the locality; and No. Therefare varied front yard setbacks established by the existing. homes in the area, ranging. from 27' to 40'. Therefore, a 23' setback for a structure in this neighborhood should not alter the essential character of the locality. --Also, the applicant has stated that the. proposed addition will be designed to match the existing materials and style. of the existing home, thereby blending in with the existing character of the locality. 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 is trapezoidal in shape, but is not misshapen enough to warrant a variance. -Although, due to the varied topographical-surface of the property, the front of.,the.garage is truly the only level portion of the property for which an addition could be-placed. 5. Would the conditions upon which based be applicable, generally, zoning classification; and, the petition for a variation is to other property within the same Yes. Anyone may apply for the same type of variance, but the outcome Board of Adjustment Staff Report Page 4 Case No. WA-97-24 \ SCHMITT 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 applicant is requesting approval of the variance to provide for- additional living and .storage space.. Due to the recent permanent inclusion of_thezr son in the home, the applicant is seeking to expand the "elbow room" of the existing structure. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property; and, Yes. The hardship has been created by the applicant who has sole interest in the property. However, it should be stated that the applicant's adult son, wh_o has a rare lung disease, has been forced to move back in with his parents, thereby creating a need for additional living area. _ 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 addition will hot be detrimental to the public's welfare or injurious to other property improvements of the neighborhood as the addition will remain an adequate distance from the public right- of-way and other property lines. 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. Because the proposed .addition will be located in the front of the property and will comply with the side setback requirements, approval of the variance-will not impair the adequate supply of light and air of the adjacent properties, substantially increase the congestion in the. public streets, nor increase-the danger of fire. Board of Adjustment Staff Report Page 5 Case No. WA-97-24 \ SCHMITT 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 request, albeit for physical hardship, will purely benefit the individual. However, granting of this variance will result in a reasonable accommodation-of a person with a disability. ~ ~ OFFIGIf~L ZONI NC MAP WHFf~T RIDGE GOLOR~DO MAP ADOPTED: June 15, 1994 Last Revisim: January 9, 1995 D3'MiTI•lQIT OF PLANllN6 MID OEVELOPh@Ii - Yi5-2851 -::, r.•.•.+ 100-YEAR FLOOD PLAIN ;•'_=j (APPROXIMATE LOCATION) -ZONE DISTRICT BOWDRY - PARCEL/LOT 80UNDRY (DESIGNATES OWNERSHIP) -~--~- WATER FEATURE DENOTES MULTIPLE ADDRESSES ~'~ N~ 22 ~°- ~- weTM o m wow SCALE 1'=400 \DRAWINGS\PLANNING\GS\NE22 Fri Mar 28 08:15:48 1997 PUBLIC HEARING SPEAKERS' LIST CASE NO: 41A-97-24 _ DATE: September 25, 1997 REQUEST: `~ applica.tion ty Walter Schmitt for, approval of a 7" frontyard' setback variance to the 30' frontyard setback requirement to allow a garage to Be placed 23' from the front property line. The property is zoned Residential-Three and located at 8532 W. 44th Place. __ 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 25th day of ~~? 1997- CASE N0: WA-97-24 APPLICANT'S NAME: Walter Schmitt LOCATION: 8632 W. 44th Place Upon motion_by Board Member ABBOTT seconded by Board Member WALKER the following Resolution was stated. WHEREAS, the applicant was denied permission by_an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-97-24 ___ 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-97-24 be and hereby is APPROVED. TYPE OF VARIANCE: A 7' frontyard setback __ FOR THE FOLLOWING REASONS: 1. There are no alternative locations for the proposed addition. 2. Their is a unique circumstance because the applicant's son is permanently disabled. 3. There is a unidue circumstance because there is a substantial grade change between the front and rear property. Case No. WA-97-24/Resolution Page 2 4. There are various similar setbacks in the area. 5. There is hardship because the applicant's adult son must live at home, therefore creating the need for additional living area_ 6. Granting this request will result in a reasonable accommodation of a person with a disability. WITH THE FOLLOWING CONDITIONS: 1. The addition shall be of similar material and design as the main structure to be harmonious with_the surrounding dwellings. 2. The concrete not be_expanded to the street. ,._ VOTE: YES: Abbott, Hovland, Howard, Mauro, Thiessen and Walker NO r None DISPOSITION: A 7' frontyard setback variance granted by a vote of 6-d. DATED this 25thf September, 1997. ~_.~~ ' hc~~- PAIIL HOVLAND, Chairman Mary o Chapla, Secretary Board of Adjustment _ Board of Adjustment. WHEAT RIDGE BOARD OF,ADJITSTMENT - MINUTES OF MEETING: September 25, 1997 Page 8 1. By placing the sign in the required landscape buffer, -- the applicant is satisfying the landscape requirement. 2. The-sign will be placed outside of the sight triangle.. 3. The request will not be detrimental-to the public. welfare, or injurious to other properties or improvements in the neighborhood. 4. This is a unique situation because the property line was changed when the applicant deeded 15' to the City for the re-alignment of W. 38th Avenue. WITH THE FOLLOWING CONDITION: 1. The leading edge of the sign shall be a minimum of 5' from the rear sidewalk edge. Board Member HOWARD offered a friendly amendment that the height of the sign be reduced from 48" to 40", and Board Member ABBOTT accepted. Motion was seconded by Board Member WALKER. Motion carried 6-0. Resolution attached. raaP rTO ulA-97-24: An application by Walter Schmitt for approval of a 7' frontyard setback variance to the 30' frontyard setback requirement to allow a garage to be placed 23' from the front property line. The property is zoned Residential-Three and located at 8632 w. 44th Place. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLP.ND accepted. Board Member THIESSEN asked if the addition will impede the driveway that goes to the garage in the back, and Mr. .. McCartney answered he. has not received any site plans, however he believes there will be plenty of .room. The square footage of the property is 12,508. The applicant, Walter Schmitt, 8632 W. 44th Place, was sworn in. Mr. Schmitt said his son is on oxygen 24 hours a day and stays inside a lot, so needs additional living area. He WHEAT RIDGE BOARD OF ADJUSTMENT "° -` MINUTES OF MEETING: September 25, 1997 Page 9 expounded a little on the addition saying they will be__ converting only part of the_ garage into living area. Board Member WALKER verified the addition will be 30' by 15'.- No further questions were asked. Motion was made by Board. Member ABBOTT, that Case No. WA-97- 24, an application by Walter Schmitt, be APPROVED for.. the-. following reasons: 1. There are no alternative locations for the proposed addition. 2. Their is a unique circumstance because the applicant's son is permanently disabled. 3. There is a unique circumstance because-there is a substantial grade change between the front and rear property. 4. There are various similar setbacks in the area. 5. There is hardship because the applicant's adult son must live at home, therefore creating the need for. additional living area. 6. Granting this request will result in a reasonable accommodation of a.person with a disability. WITH THE FOLLOWING CONDITIONS: 1. The addition shall be of similar material and design as the main structure to be harmonious with the surrounding dwellings. 2. The concrete not be expanded to the street. Motion was seconded by Board Member WALKER. Motion carried 6- 0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion on the Temporary Use Permit at Chesrown Auto Dealership. WHEAT RIDGE BOARD OF ADJUSTMENT °' MINUTES OF MEETING: September 25, 1997 Page 10 7. NEW BIISINESS A. Consensus was to start. the October 23, 1997 meeting at 7:00 p.m. B. Approval of Minutes: August 28, 1997 Motion was made by Board Member WALKER, seconded by Board Member MAURO, to approve the minutes as amended: Change date in header to read: August 28, 1997. Page 5, paragraph 5, change `Chairman HOVLAND' to `Chairman MAURO'. 8. ADJOIIRNMENT Consensus was to adjourn the meeting. Meeting adjourned at 10:20 P.M. ~~~~~~~.C`c~ Mara Chapla, Secretary Date approved: