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HomeMy WebLinkAboutWA-97-28The City of Wheat Ridge Owner ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 2 th Ave., Wheat Ridge, CO 80033 . //, Phone (303) 237-6944 Location of request Address ~; ~7 r' Phone / ? Address /~~ ~~// ~ . )~-) 7`-~ Ph~~ a 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 Preliminary Miscellaneous plat 8 Final Solid waste landfill/ List, all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee,-etc. NAME j ADDRESS PHONE j 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-at or ey f,- m~ _ner which approved of this action on his behalf. / ~ f ~ ~_ /, Signature of Applicant v,' _ 'Y ~-- _ Subscribed and sworn to me this a~ day of t: 19 ~-1 otary ublic SEAL My commission expires a-~-~cx~ ate Received g-a4-G`i Receipt No. Case No. ** See attached proceaural guiee ~«~==~~a~ ~~~~~~~---- _------- for specific requirements. ^ Other Recorded at _ Reception No o'clock M QUIT CLAIM DGGD TfIIS D);TrD, Madc this 13th dnY of August ~ I`~ 97. . between Lisa M. Taylor WITNESSETI-I, Thal the grantor(s), for and in consideration of dle sum of TEN AND NO/100----------------------------------------------.: _,. _ .DOLLARS the receipt and sufficiency oC which is hereby acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, antl by these presents do remise, release, sell, convey and QUIT CLAIM unto the gruuec(s), heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the gmntor(s) ha in and to the real property, together with improvements, iC eny, situate, lying and being in the County n( Jef ferson -and State of Colorado, described as follows: r r. ,: ~ ~ / Gc,~r Gv~ ~. _. _ _ - Lisa M. Taylor of the "County of Jefferson and State of Colorado, grantor(s), and Lisa M. Taylor and David Scott Peterson as Joii whose legal address is 10320 W. 35th Ave. , Wheat Ridge, CO 8 of the County of Jef f-erson - and State oC Colorado, grantee(s), Lot 17, Overlook Estates NO DOCUMENTARY FEE - CONVENIENCE DEED also known by stmet and nutnher as: 10320 W. 35th Avenue, Wheat Ridge, CO 80033 TO HAVE AND TO iIOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), heirs and assigns forever. IN WCCNESS WI IGREUF, The grantor(s) ha executed this deed at the date set forth above. STATE Op COLORADO, ss. County of Jefferson The foregoing instrument was acknowledged before me this 13 L-h day of 6y Lisa M. Taylor My commission expires ~.~` • ~ C 040 *if in Denver, insert "City,yn (S ."~S~EI~IItyfQpQ Recorder. _ _ __.. August 19 97, t9 .Witness my hand and official seal. Nuwy PoLlic No. 933. Fiev. 3~&5. Omr cr.nm: ur:eo a.~er~~rt r,rou>ams, nas wx~rr sr., u~~~~,, co suzoz -- om7 :vzzsno - rzsa f~~ J o.R.A. ~uRVEnI~~ Il~c. LAftE6Yd~00~ CO. LOT 17 OUERL001< ESTATES COUNTY OF JEFFERSON STATE OF COLORADO IMRROVEk4ENT LOCATION CEI211F1CATE WEST 35TH AVENUE e54° R, a i/, If1 1(] .-~ NOTES SHED ENCROACHES INTO ESKT. AS SHOYN Scale: 1" = 30' 0 30 'rte' FNA 5/B'A SMOOTH IRON RO- --YN 0.4' N-TE~ CONC. DRIVE E%CEEDS PROPERTY LINE AS SHOYN M t0 tU The legal description was furnished by Dave Peterson. The easements shown were obtained from the recorded plat. No title commitment was provided. t HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR DAVE PETERSON, THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TD BE RELIED UPON FOR ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT 7HE IMPROVEMENTS ON THE HEREIN DESCRIBED PARCEL ON 7HIS DATE, 8/25/97, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES DF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE ^ESCRIBED PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING DR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. FOR AND ON HEHALF OF D.R.A. SURVEYING, INC. N07ICE: Acmdiip fo GKOmdo for You MUST mmmarra anY bpaf actlm bmd on wry ddad In tNa LLC 24H4 KIPLING STREET - LAKENOOD, CD 0215 In~tNr Lam. bra am mnc~ad ro dtl~wo tx~f*~ fr~mn tl~'ia nH ~'~the Wh n~,haie f ~emm~~~ ~~v-~ ,IAN RIC}i.4RD PYLE, i COIARADO PROFESSIONAL LANG SURVEYOR N0. 12111 FN-. S/8'~ SMOOTH IRON RO- -DYN 0.4' NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing t.o be held before the' Wheat Ridge Board of Adjustment on October 23, 1997, at 7:00 p.m., at 7500 west 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. The following petitions -shall be.heard: 1. base No WA-97-27• An application by Jeff and Trish Cozart for approval of a 10' side yard• setback variance to the 15' side yard setback requirement to allow a single family residence. Said property is zoned Planned Residential Development and located at 3490 Parfet Street. 2. ~P No WA-97-28:__An application by David Peterson for approval of a 15' front yard setback variance to the 30' front yard setback requirement to allow construction of an attached garage. Said property is zoned Residential-One and located at 10320 W: 35th Avenue. 3 C'aC° No WA-97-29: An application by Robert Davis for approval of a 17'6" front yard setback variance to the 30' front yard setback variance requirement to allow a garage addition. Said property is zoned Residential-One and located at 120'15 W. 29th Place. 4. mrrp-97-8: An application by G.J.'s General Contractors for approval of a Temporary USe Permit to allow vehicle storage and employee parking. Said property is zoned Planned Commercial Development and located at 3601 Wadsworth Boulevard. 5 ~ ~ C'^~RP ATo 'rLTP-97-9: An. application by Johnny Ketelsen Recreational Vehicles, Inc. for approval of a Temporary Use Permit to allow camper storage and parking on a vacant parcel. Said parcel is zoned Agricultural-One and located at 4600 Kipling Street. t Mary L u Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: October 3, 1997 Wheat Ridge Transcript ~Co~ ~c~", ~.l , 1 ~1~7 ~~ ~~ ~~~ ~~~~~ ~~ ~ ic3a~ ~ -~, ~S~x~A~2e ~ ~ ~ ~ ~~ ~~ r~ W~ ~ ~ ~--~-~ t.~-~ `~' ~; C~ ',~ v~c~,. ~. ~, -N`St'~ ~ ~- cry ta`Z~1A~'V~¢.>_ t,A _ ~ <z7~ r ~~~m ~~~ c~-~4- ---- -- L~~z~~,., ~ 80033 ~~~ C~~ ~ ~~~ ~~,,~~~ Cb a~a33 ~~.: c~.s~.~ wA- ~`?-~~,~ __ little Bookshop of Hams 'G 303-425-1975 ~iil7 0123/97 m 7 :33 PM My name is Doug Lewis and I live at 10305 W 34th Place, the property adjacent and directly south of Mr. Peterson's. My wife and I bought the property in 1977. It was built for my Grandparents in 1962. I would strongly urge council not to grant the setback variance for the following reasons: First, as staff as noted, the other residences in the neighborhood comply with the legal setback, in an area of this age many residents have found their living requirements change. I think it is significant that those in the neighborhood who have remodeled or added on to their homes have done so under current zoning rules and not been granted front setback variances. Second, because of a exception to zoning rules known as "existing nonconformity" Mr. Peterson is actually requestingtwo variances for the proposed structure. When the previous owner's house was built in the early 60's it featured an open carport on the east side of the house. At some point the carport was enclosed for living space which placed the southeast corner of the house within 5 feet of our property line. Whether this was legal at the time or just never received approval I don't know, Mr. Cox the previous ownerwas often quite casual about boundaries, codes, and rules, as the placement of a portion of his driveway on our property and the garden shed might indicate. But as I was informed by Mr. McCartney because of the so called existingnonconformity, an attached structure can be placed as close as the existing house, 5 feet instead of the legal rear setback distance of 15 feet. This is a much greater exception than the one Mr. Peterson asks of this council, as the front setback is exceeded by only a portion of the garage in a triangle shape, in contrast with regard to the rear setback Mr. Peterson would like to take advantage of this loophole for the entire length of the garage. Effectively erecting a solid wall, 50 feet long by probably at least 15 feet tall, This length is more than half his house's original length and is also well over twice the size of a standard 2 car garage. This could very possibly be a safety and fire hazard by restricting access to the back of the house to such a long narrow tunnel between his garage wall and our 6 foot solid fence. In addition, speaking very honestly, the garage would be in the direct line of sight from a good portion of our living area including the window over the sink which I find myself standing while doing dishes and because our back yard is not very deep I greatly dread the claustrophobic effect that such a large structure looming over us will have. Finally, it should be repeated that a garage could be constructed on the west side of the house without any variance necessary. There is also no existing curb cut so that shouldn't be a consideration and the existing concrete slab is probably so cracked due to ourwonderful expansive soil it will probably have to be replaced anyway. I have to think there is a strong foundation for the required setback distances. They were not arrived at arbitrarily and that much forethought and planing went into their enactment. Also I cannot believe that the purpose of the "existing nonconformity" was to reward a current offense of setback rules by allowing future unlfmifednoncompliance. Thank you for your careful consideration ofthfs matter. P.O. BOX 638 TELEPHONE: 303/237-6944 T(7e C/ty Ot 7500 WEST 29TH AVENUE _ • WHEAT RIDGE, COLORADO 80033 _ Wheat Ridge October 8, 1997 This is to inform you that Case No. WA-97-28 which is a request for _approval of a 15` front yard setback variance to the 30' front yard setback requirement to allow construction of an attached garage for property located at 10320 W. 35th Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 750.0 West 29th Avenue at 7:00 p_ty on October 23, 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" ~.1 :• -. a fM%M Y•g ~- -- ~•l j~~ "':3 •• ~ 'SS3lfOOtl NtlN13Fl dO 1H~J1'~ j Ol 3dOl3AN3 d0 d01 ltl tl3NOLLS 5 :;;, n, i(~ ~~~~~~ ~ a ,~~~~,.. • n~_ w o 0 ~.~ y~ ~, o -,,~ ~ i'ig . ~vl ~ A S'pr O '. Z L~t_ ~i v Y' o~ M ~:J g~ Q ~~r ~ N M ~ ~ q~vy ~' W ~ O ~ c~ ~'1 '9i. ~ 3 ~ ! Iiy _ ~, W Q O j w o 4f A7 ~ O ~ U aw ~~ °J ~ CS ~ m ~ ac s. 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'- ~ " ~ a . p 9 O ~ j N y 3 ~ G N 0.L" s. o - - o. o ° F o ~ ~. ~ - z~ -g - ° < - :.e, `° $ m i ~ '' °. o y ~ N ~ ~~ 1 n ° 3 w i / ~ c d m ~ o d J 3 _ N ~~. ~" N ' O m m ~ ~ a d Qy I ~i m _ A ~ a D y ~ < ~` m ~ ~ o N f m F_ n I'+1 ~ w ~' ~~a~o ~ O y 3 ~ y ~ s ~ ~O rti ~ r' ~ rm °" m. o m doh ~ s<a~< L-1 m ~ ~ x s N y y N m yJ6~•~ ~'TiP> ' ** co27 ** co27 ** coa7 Violet Powley - Harry G Boorman _ Jeanne Boone_ _- _ 3505 Miller ST 3500 Miller ST 10350 W 35th Ave Wheat Ridge CO. 80033-5658 Wheat Ridge C0 .80033-5659 ., Wheat Ridge CO 80033-5633. ** C027 ** C027 ** C027 David P Redding Lisa M ~'aylor Henry M Tabuchi 10335 W 35th Ave 10300-W 35th Ave 10345 W 34th PL Wheat Ridge CO 80033--5632 ..Wheat-Ridge CO 80033-5633 Wheat Ridge CQ 80033-5625. ** C027 - ** C027 Douglas A-Lewis - Dick L Hartley 10305 W 34th PL 10265 W 34th PL Wheat Ridge CO 80033-5625 Wheat Ridge CO_80033-5,623 min ~narho~ (037.0 ~• s 5'~ ~ Kfp ro 'Soo33~ 1 T0: BOARD OF ADJUSTMENT .. DATE OF MEETING: October 23, 1997 DATE PREPARED: Oct. 16, 1996 CASE NO. & NAME: WA-97-28/Peterson CASE MANAGER: Sean McCartney ACTION REQUESTED: A request to allow a 15' front yard setback variance to the 30' front yard setback requirement. LOCATION OF REQUEST: 10320 W. 35`" Avenue NAME & ADDRESS OF APPLICANT: David S. Peterson 10320 W. 35`" Avenue Wheat Ridge,_CO.80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE-AREA: 12,690 square feet PRESENT ZONING: Residential-One PRESENT LAND USE: Single Family SURROUNDING ZONING: N: Residential-Two, S:, E: and W:Residential-One SURROUNDING LAND USE: N:, S:, E: and W: Single-Family Residential DATE PUBLISHED: October 3, 1997 _ DATE POSTED: October 9, 1997 DATE LEGAL NOTICES SENT: October 9, 1997 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE ENTER INTO RECORD: _ ( ) Comprehensive Plan (XX) Case File & Packet Materials Slides (XX) Zoning Ordinance ( ) ( ) Subdivision Regulations (XX) Exhibits ( ) 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. n, Board of Adjustment Staff Report Page 2 Case No. WA-97-28 . I. REQUEST The applicant is requesting approval of a 15'-front yard setback variance to the 30' front yard setback requirement to allow the construction of an attached garage.- If approved, the garage addition will be 15' from the front property line along West 35th Avenue. ~m _ The applicant is proposing to construct a ~95~sguare'foot ___ _. attached garage to a single family residence that dues not-have' any covered garage space. The applicant has proposed to place the ,garage on-the east side of the property because there currently is a cozicre~e drive-which permits access onto West 35`n Avenue. It should be noted the applicant may construct a 23'-~C_ 26''attached garage on. the ~~._sde of the property without. the need of_a variance. However, a garage built on the west side of the property would require an additional curb cut and concrete driveway. Pursuant to section 26-10 (F) of the Wheat Ridge Code of Laws, any structure built in the Residential-One zone district must retain a 30' front yard setback from the front property line. To date, there have not been any formal complaints regarding this case. II. EVALUATION CRITERIA Staff has the following comments regarding the criteria used,to evaluate a variance request. 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. Yeses If denied, the structure may continue to be used as a _ single-family residence and yield a reasonable return in use, service-and income. Also, the applicant does have the option of building an attached garage on the west side of the property. 2. Ia the plight of the owner due to unique circumstances. No.. There aren't any unique circumstances that may be attributed to this case. Page 3 Board of Adjustment Staff Report . Case No. OVA-97-28 3. If the variance were granted, would it alter the essential character of the locality. Yes. The other properties within the surrounding neighborhood_ have 25' to'30' front yard setbacks for all of the structures. Approval of this variance will.-allow for the only structure, in the neighborhood, to be within. l5' of the front property line. 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. Yes_. The property was platted with a pennant shaped configuration. The rear property line cuts diagonal, from west to east, creating a physical hardship for any future development. However, it should be noted that the .existing home is setback 3s' from the west side property line. In the Residential-One zone district, structures can be located 15' form the side property line. Therefore, the applicant may build a 23' X 26' garage on the west side of the property. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification. Applications are reviewed on a case by case basis, therefore, the outcome may not be the same for each request. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property. . No. The purpose of the request is to provide for covered parking space. Currently, the applicant is parking on the east side of _ the property, on an existing concrete driveway. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property. Yes. The applicant, who has sole interest in the property, purchased the property knowing that any future development on the misshapen lot would create a hardship. Board of Adjustment Staff Report Page 4 Case No. WA-97-28 8. Would the granting of the variation be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. No. Attached garages are a common addition to single family residences. Therefore approval of this request will not be detrimental to the public welfare or other improvements in the neighborhood. 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. No. Approval of this request will not impair the adequate supply of light and air to adjacent properties in that approval of the .request will permit the garage to encroach into the front setback, not the side, thereby allowing for ample separation between structures. Also, the applicant is proposing the garage to be placed on the existing concrete driveway, thereby utilizing the same access that the applicant currently uses. 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? Request for this variance is purely for the benefit of-the applicant. Although it was found in criteria 8 and 9 that approval of the request will not be detrimental or injurious to other property or improvements, it should be noted that. approval of this request will alter the essential character of the locality. OFFIGI~L ZONING M~i~ WH~f~T izIDG~ COLORADO MAP ADOPTED: Jw+e I5, 1994 Laat Rawion: September 18, 1996 \ D~hRTti@li OF Fl.NdUN6 NU OttiH.aPFHI~ - 75-7852 L:\DRAWINGS\PLANNING\OS\NE28 r i 100-YE/.f2 FLOOD PLAIN r,•, •, i-_~ (APPROXIMATE LOCATION) -~--~ ZONE DISTRICT BOIkdDRY --- PARGEL/LOT BOUNDRY (DESIGNATES O~..INERSHIP) _~-~'- CITY L1M1T LINE _._._._ I^1ATER FEATURE DENOTES MULTIPLE ADDRESSES N~ 28 ~ _ xcwm O YJ SLN ~ -E I'~ 400 _ _ D.R.A. StSRVEYlNG INC.. IMPROVEMENT LOCATION CERTIFICATE LAKEWOOD, CO. LOT 17_ OVERLOOK ESTATES ., COUNTY OF JEFFERSON STATE OF COLORADO _ 1/EST 35TH AVENUE 60' R. Q W FN0. 5/B'~ SNOOTH I RDN ROD DOYN 64' .~ .-~ ti LOT 17 r 19.4' CO ° 41.6' YKOU, Y ~ I STDRY C.~AR. I ,e ,Y BR[C%LFRANE IIL072D 67.0' yI ~ ~_- -RICK PLANTER /~ .~ [NTt1 ESNTn AS SHO~YNES Scale: ,1" = 30' 0 30 ..--« _ FN0. 5/e•• SN[1C7TH IRON ROD BDYN 0.1' i~ r / ~ M ' / tC1 ~~~~ ; J N NDTE~ C%I~IC. DRIVE E%CEEBS PROPERn LIlE As strnN The legal description was furnished 6y Dave Peterson. The easements shown were obtained from the recorded plat. No title commitment was provided. f HEREBY CERTIFY THAT 7NlS~MPoOVEMn~NT~PRn FMENT SURVEYEP AST, ANDPTHAD ITCRSDNOT 7p~SON, Recorded al _ Reception No. _ o'clock M., - -- - ... __ ,_--_ _. a ,.„~:' __. ~ ;tea: ___ _ _ __ __ _. - _. - - .Recorder. .r s QUIT CLAIM DLsEU ~ - - ~ (L, THIS DEED, Mete this 13th Jay of August • 19 97 .between Lisa M. Taylor of the "County n( Jefferson and State of ColoraJn, grantor(s), and Lisa M. Taylor and David Scott Peterson as Jo whose legal address is ofrhe 10320 W. 35th Ave., Wheat Ridge, CO County of ~ Jefferson anJ State of Colorado, grantee(s), WCCN BSSGTH, That Jte grantor(s), for and in consulenunn of the sum of ______T________.--. DOLLARS TEN AND NO/100---------~---'-- the receipt and sufficiency of which is hereby acknowledged, ha remised, released, sold, conveyed and QUIT CLAIMED, and by )teirs, successors and assigns, these presents Jo remise, release, sell, convey and QUIT CLAIM unto the grantee(s). forever, all dx right, title, interest, claim and demand which the grantor(s) ha in and to the read property, 1°xnJ+Sta etolf improvements, if any, situate, lying anti being in tl+c County of Jefferson Colorado, described ns follrnvs: Lot 17, Overlook Estates NO DOCUMENTARY FEE -CONVENIENCE DEED also known by street and number as: 10320 W. 35th Avenue, Wheat Ridge, CO' 80033 - - TO HAVE AND TO IIULD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, nnJ nll the estate, right, title, interest ache its anJ nssignst fnrevicee grantor(s), either in law nr equity, to the only proper use, benefit and bchonf of the grantee(s), IN WI'I'NPSS WIIBREOR The grantor(s) ha execute) This dceJ on the date set forth above. • , ~ Gc.~ Gv-V -- ' Lisa M. 'Payl,or ~~ STATE OP COLORAD , ss. me crcy c ~]Vhe, . ~Rid~ Applic/a/n/fit ~^ ~I'~ /~,~1 Address r~ Phone Owner 1 /~c2cl~~DJ. pt`'/~~~CG c Addres's ~~ 2.~1/ r.{~ ~'~~`~ Ph'~~~- J ~~ Location of request ~~3a4 ~~\ ~h A~~~ 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 B Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide ~ Othereral extraction permit for specific requirements. ,4 p C De ed Description of request /y ~~l'~~~~ ~aam ~ Jf'~i /~dC ---~n ~.zs~h t{Lsl ~~ivpe ~f"" ~~,e~ e List_all_persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE c ,~ ~ ~ a y~ / ~ - lG~> 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-j or ey m ner .which approved of this action qn his behalf. , Signature of Applicant ~ .'L,' 'v /; Subscribed and sworn to me thisd /~_day of 7y„~"~, 19 X1'7 otary ublic SEAL` ~~' ~.~ " My commission expires a;~-~c~cl Date Received R-aq-Cl-l Receipt No. Case No. PUBLIC HEARING SPEAKERS' LIST CASE N O: WA-97-28 DATE: October 23, 1997 REQUEST: An application by David Peterson for approval of a 15' front yard setback variance to the 30' front yard setback requirement to allow construction of an attached garage. Said property is zoned Residential-One and located at 10320 W. 35th Avenue. r F WHEAT RIDGE.BOARD OF ADJIISTMENT MINUTES OF MEETING: October 23, 1997 Page 4 2. A two-car garage i_s considered normal, average and standard. for a lot, of this size. Motion was seconded by Board Member ECHELMEYER. Motion carried _. 7-D. Resolution attached. _ --~ r-Se ATO ~~A-97-28 :, An application by David Peterson for approval of a 15' front yard setback variance to the 30' front yard setback requirement to allow construction of an attached garage. Said property is zoned Residential-One and located at 10320 W. 35th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Also entered into record were letters of ~no objection,. and one against the request,- Board Member THIESSEN asked if the garage will go all along the - back of the neighbor's property, and Mr. McCartney replied yes. It was noted the concrete slab exceeds the property line and is on the neighbor's property; and Mr. McCartney said the slab was built before the applicant bought the property. The applicant, David Peterson, 10320 W. 35th Avenue, was sworn in. He owns two exotic automobiles; a classic Mercedes and an old Rolls Royce, and needs the garage to house the cars plus needs storage for lawn equipment and tools. .Mr. Peterson just recently purchased this property from his father who had owned it for three- years. Board Member THIESSEN asked if the variance is not granted would- he build the garage on the other side of the house, and Mr. Peterson said no. He will rent the house out again and move back to his other home, and later on the house would probably be torn down. Board Member ECHELMEYER suggested shortening the garage down to 25', and Mr. Peterson said the garage has to be angled and it needs to be 28-30' long to look proper, and feels the 3 car garage would be more acceptable. The garage cannot be built on the west side of the house because.of the beautiful trees. Mr. Peterson said the concrete will have to be removed and explained they did not know the driveway went into the property WIIEAT RIDGE BOARD OF ADJffSTMENT MINUTES OF MEETING: October 23, 1997 line until the 6' fence was built by the neighbor. Page 5 Stan Lewis, 10376 Ralston Road, Arvada, CO, was sworn in. He built the two homes that abut the applicant's house. He is quite familiar with the applicant's house and feels thor~e~bhen of 5' is because originally the house had an open carp later was enclosed). The purpose of zoning was to control a development and keep order for the welfare of the people. People should be able to rely on zoning, and therefore, Mr. Lewis is against this proposal. He also feels the garage could also cause a sight distance problem coming down 35th Avenue. Doug Lewis, 10305,W. 34th Place, was sworn in. Mr. Lewis is the applicant's neighbor. Eie explained the fence that was discussed earlier. This house has had several tenants and only within the last month has Mr. Peterson moved in. Mr. Lewis is against this request for the following reasons: (a) the surrounding area has to comply with the regulations, (b) he believes the applicant is really asking for two variances, (c) the 50' long solid wall of the garage will create-problems with accessing therefore being a fire hazard, (d) the garage will be directly in line with their living area, and (e) the garage can be located on the west side of the property. Board Member ECHELMEYER asked about alternative square footage, however, Mr. Peterson wants a three car garage and wants to keep it looking like a ranch style setting. No further questions were asked. Motion was made by Board Member ABBOTT, that'Case No. WA-97-28, an application by David Peterson, be DENIED for the following reasons: 1. The applicant has the alternative of building the garage on the west side of the property. ro osed 2. It is possible to build a two car garage in the p p location without significant encroachment. 3. This would be the only structure in the neighborhood to be within 15' of the front property line.- 4. Construct ion. of this garage will expand a legal non- -- conforming structure_ 5, There is a possible traffic safety issue when exiting 35th & Miller Street. l WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: October 23, 1997 Page 6 `~ Motion was- seconded by Board Member JUNKER. Motion carried 7-0. pl Resolution attached. C, c'~se No WA-97-29: An application by Robert Davis for approval of a 17'6" front yard setback variance to the 30' front yard setback variance requirement to allow a garage addition. Said property is zoned Residential-One and located at 12075 W. 29th Place. Sean McCartney presented the staff report., All pertinent documents were entered into record, which Chairman HOVI~AD7D accepted. i Board Member ECHELMEYER discussed the dimensions of the proposed garage. It was noted this is a legal non-conforming setback. The new garage will be placed directly in front of the old garage. The applicants, Robert and Lonna Davis, 12075 W. 29th,Place, was sworn in. Mr. Davis entered into record several photos labeled Exhibit `A'. He went over the nine criteria stating one of the main concerns is the current garage only has a 6' high door and will not accommodate their larger vehicles. They are-also --- concerned with the drainage because the land actually slopes toward their current garage and they get a lot of `pooling'.. They have done a lot of work on the home and put on an extensive gutter system to keep the water away from that side of the house. They want to tear down the existing deck and replace it with a second floor deck to keep the water from helping further the deterioration of the house. The applicants feel this is the best aesthetic solution due to the irregular shape of the lot and the way the house is set on the lot. They have talked to their neighbors and have not received any objections; five of them have signed a petition stating so. Board Member ABBOTT asked if the driveway will go straight out, and Mr. Davis answered yes. The existing garage will be converted to work space. The proposed garage will hold the boat and trailer, their van, an old Camaro and three motorcycles. Board' Member ABBOTT asked since they do not have a motor home why build a 9' high garage, and Mr. Davis replied their van is 8' tall. s 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 23rd day of Oct obPr ,.1997. CASE NO: WA-97-28 APPLICANT'S NAME: David Peterson LOCATION: 10320 W. 35th Avenue Upon motion by Board Member ABBOTT seconded by Board Member n~FR the following Resolution was stated. WHEREAS, .the applicant was denied permission by an Administrative Officer; °and WHEREAS, Board of Adjustment Application, Case No. WA-97-28 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-97-28 be and hereby is DENIED. TYPE OF VARIANCE: A 15' front yard setback variance FOR THE FOLLOWING REASONS: 1. The applicant has the alternative of building the garage on the west side of the property. 2. It is possible to build a two car garage in the proposed location without significant encroachment. 3. This would be the only structure in the neighborhood to be within 15' of the front property line. 4. Construction of this garage will expand a legal non- conforming structure. Case No. WA-97-28/Resolution Page 2 _ - 5. There is a possible traffic safety issue when exiting 35th & Miller Street. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Mauro and Thiessen NO: None - DISPOSITION: A 15' front yard setback variance denied by a vote of 7-0. DATED this 23rd day of October, 1997. PAD'L HOVLAND, Chairman Board of Adjustment 0.~~\ C ~Q Mary ou Chapla, Secretary Board of Adjustment S WHEAT RIDGE BOARD OF ADJ[JSTMENT MINUTES OF MEETING: December 11, 1997 Page 7 WITH THE FOLLOWING CONDITIONS: 1. The fifth-wheel trailer must meet all state and federal inspection standards. 2. Any power source must be approved by the wheat Ridge Building Department with the intent being the safety of the power loop. 3. The trailer must remain immobile at its present location and shall not be moved in or out during this Temporary Use Permit period. 4. The wheels of the trailer shall not be removed. 5. Proof shall be provided to the City that the trailer is 'hooked into the district's. sewage system or adequate septic tank. 6. This Temporary Use Permit shall, extend from December 11, 1997 through September 1, 1998. Motion was seconded by Board Member JUNKER Board Member MAURO stated she feels positive about this request because it has been going on for a year plus, and the continuation will be only for a short time. However, the previous permit expired three months ago and confusion could have been handled by a phone call. She would like a date stipulated as to when the trailer will be removed so there is no gray area. It was noted if the trailer is unoccupied and stored properly, there will be no code violation. Discussion followed. Ms. Ellis stated she will inspect the property for occupancy the day after the permit expires. Board Member HOWARD feels the procedure was stated very clear at the previous meeting and the applicants knew they had one year to re-apply. Motion carried 6-2, with Board Members HOWARD and ECHELMEYER voting no. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion of continuation_of cases. Pr~oncide - ~*+ n as ivo WA-97-28 _ _ Motion was made by Board Member THIESSEN, seconded by Board Member ABBOTT, to reconsider this case with new information WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: December 11, 1997 Page 8 provided. Motion carried 7-1, with Board Member HOWARD voting no. B. Rar sider-t~on of Case ATO WA-97-22. Motion was made by Board Member THIESSEN, seconded by Board Member ECHELMEYER, to not reconsider this case due to lack of any new information. Motion carried 8-0. 7. NEW BUSINESS Mr. white said there needs to be discussion regarding when resolutions actually take effect. He discussed the resolution regarding Chesrown and asked for the effective date to be tonight. This will not change the action of the Board, it just starts the new clock ticking,. however Board . Member ECHELMEYER argued that Chesrown knew their answer the night of the meeting. Board Member THIESSEN voiced being upset about the procedure, and Mr. White said he is only relating to them a request from the city attorney. The negative outcome is the city has not provided them with notice of final determination (mailed them the resolution). Thirty days have past since the case was heard and they did not get that 30-day window to exhaust their remedies. Discussion followed. Motion was made by Board Member ABBOTT, seconded by Board Member JUNKER, that the effective. date for Case No. TUP-97-8 will be December 11, 1997, for the following reason: 1. At the request of the city attorney. Motion carried 7-1, with Board Member THIESSEN voting no. 8. Approval of Minutes: October 23, 1997 Motion was made by Board Member HOWARD, seconded by Board Member ECHELMEYER, to approve the minutes of October 23, 1997. Motion carried 8-0. C. (1). Time limits discussed. (2). Board Member ECHELMEYER voiced his dislike for changing procedures during the meeting. D. Election of Officers: ' Linda Mauro - Chairman f Tom Abbott - Vice Chairman