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HomeMy WebLinkAboutWA-97-29 { .,..~ :rti, .{r\~ f~ u~~ Id' t Yt :'~ Y Y~~ ~~ ~! 1 ~.. ...~ / ~. r ~{Y + l li ~~ 1 'Ir 1, ~ i ~ ~{ ' 1 ~ i ~ uS1i 1 ~I `ryyy1 y '4\` ~ ~1% ~~I 1 '~ ~ 5 ' , ~ H' t I 1 ~~ _ it liL~~ 1 1' ( 'i { Ij{ k~i;t. ~ i~" ~ 4.i.' . ~t ~, d . ' '~ 1:' 4 ~ ~ 'K ~ 3 -cm+~e ~_ `l ` t i~_t1 ,~~ :: , :i. ~ ~~ j:', ' r! „ '~ ~ ~ ,~~~ j i h 4~/ ~. ;~ ~ ~ ,~ ~' :f .~ ~~ . ; xt f j ~~ , ~; t'r ~y4 ~• ~ '.' ~ i ~~T y ~~ ~ ' I ,~ ~,,,:,. w., S i .,..- The City of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~o ~ ~~'~ O . ~y}/i,~` Address ' 2.0~~ ('~ ~ f ~L , Phone 232-77zS Owner ~~!$~l~Y ~/• ~(~//S Address ~`Lo7.S ~,! ~"~7 ~L Phone 232 7~Z~'~ Location of request ~~rrj2~ Type of action requested (check one or more of the actions listed below which pertain to your request.) d Change of zone or zone conditions }:Variance/Waiver Site development plan approval L,INonconforming use change Special use permit ^ Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other • (]irF T ~ /2/L~GuLy-2 Lav'~~fjfYj~~_ Detailed Description , of request ~~lAT/Lt ~rf ~ ~/~'fyr/Cy/' ~rv~l ''k~ ~'f~ ~rl~z) ~' !.l. 2Gj ~'[At~. fa ~, d'11r' 1}ri~ CA:'~i~EL D~ A+v EXri ~n/J~O L'RrtllCaE l~onJ'id'S~'nr [/iTN- T~/~' ?mss JGPr a,< rnL t%O `73fE Lo • ~i lYG J'~ 6/F£,~'T U1-A~c~{ ~~ Obf~ %!~ccq ,9 ~ CC~J /ft.f>!~. Li 1{ p~rs~ons`~an~compan`ies w o ho d an int rest in the described real property, as owner, mortgagee, lessee, optionee, etc. -- NAME `~Ea~C-GoC.:C~ir''~4~r/Or ADDRESSi°~ i~Xi?~F'~'.L.`~f.r~E~,/~- PHONE~'py~~D° ~<Or3~t1~ 4• .~~1 ~ ~a.+~7S w 2~ 17LAZ/c. ~/1 `AS r2,~GC Z32 77z~ LOrfNA- ~E{ /!S I Z.~7,~ W' Z y J°L61~E `~ fZ,~t-£ Z32 7725 JYfJA•u•'~xr mvrtrG~-~-£- P,o. ~o~ 'tJy 8, f~~E/zJ~ . mom. '-, 7oS- yiYs ~'OV !fz3 SOZI 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 act' n alf. S',igx?ature'c6f .Applicant 1 < ,~ ~`•~S~ub`§~'i'~bed and sworn to m~e t~his~~~w,`~//day of °~' 19 q 7 (.' f~ i n . ~'~~ ` .: ~'~y`~ Notary Public My commission expires ~~5-„zmd i Date Received W/z3/°l a' Receipt No. ~'~o~CVaS Case No. w'~-`l"t~ •Octn 15-97 OQ27: 5(9P Lonna Davis 303 231 9243 n ~~117'i l~~J ~a'/"f~7 ENTERYRl9l~ ~ c+~a<.+ ~~ ~~1 X ~o Lf~ ~fi$I~ 2P~J m~~-r/~' yARA6ES fT~~n~ 2-~5-•zBS~ ~,L.7,y, Gnnn~+ ~'f ~ 3Z X72 6nK Z 3 ~ - /~Z 7~3 N N _ P_Ol Fax 171~l27 T0Ti1l P.0• __ ~{ 15-97 D2:59P Lonna Oavis 303 231 9243 P.02 p~~y*~ Fcvc771-d127 ` Ot{It'.e 771-94Q1 Q~ ~i GARAGHs t~ Z 1 Z~O~ 2X8 ~ ~ ~5-~1~ n . r 2y [. 3--rkb ~~ ~ G - 11 ' S~ $I,•..s~.s 1 y ~- w ~ k~.~b~y-- lxS ~~ k,~~` ~ `7/+v ost3 `~ p.c.. t~ooreyt+ s~t~ ~~ I ~~~ _```", ~1Z~,a ---- ._-_•.__ _~__ .w ... .. ...... ..--• P~~ a ~ ox~D ~,;~ ~ ~ n~-gib:.--~_.__ _ ~ ~ (o~ ~~G- $ [. w I I, tz H ~+ ~ ~~~ 1 ~q .~ ~ I P9'e f9E5iPE Ol SHSitieEt31H3 OJHJltY YOEli Pert[ t66t/6L/60 r And dre gnntar covenants and agrees to and with Ne Public Tmstee, Nat at said land and rcnenwnn in fee simple, and Iras good right, full power and lay as aforesaid; hereby fully and absolumly waiving antl mlcasing all rights a~~ ~stcad Exemption, or abler exemption, under and by virtue of any act of Ne 1 auc of any act of Nc United Stains Congress, now exrs[ing or whmh may here snJ encumbmnces whatever, except any THOSE ENCUMBRANCES OF RECORD and Ne above bargained property in Ne quiet and peaceable possession of tfie Public Trustee, against all and every person or persons lawfully claiminS or to claim Ne whole or any part thereof, the grantor shall and will Warren[ and Forever Defend. Until payment in full of Ne inJebtcdncss, the grantor sh:dl timely pay all lazes amt azsessmcnls levied on Ne proPCrty; my and all amounts due nn account a( principal and interest nr other sums on any senior encumbrances, if any arc! will keepp all improvements Nat may be on said Unds insuretl against any casualty loss, including extended coverage. in a contpnny or companies mcenng the net wonlr requirementt aF the beneficiary hereof in an amount which will yield to Ne bolter of tfie indebtedness, a0er reduction by w-insumnce Provisions of the M:licy, if any, not less Nan the Wen total indebtedness. Each policy shall contain a loss payable clause naming Ne beneFiciary az mortgagee and shall fuNxr pmvNe Nat Ne insumnce may not be canceled upna less Nan inn days written notice In the beneficiary. AI the option of Ne neficury Ne original policy m policies of insumnce shalt be delivered to the beneficiary as funhw security for Ne indebtedness. Should the gnnNr fail to insure and Deliver Ne policies ar to pay taxes ar assessments as Ne same tall due, or tv Pa any amounts payable upmt senior cncumbances, if any, Ne beneficiary may make any such payments or procure any such insunncc, and all moni¢ so paid wiW interest Hereon at We rate of 9.250 % per annum shall be added m and become a part of the indebtedness sccurnl by this Dccd of lost and ntay be paid out of [fie proceeds at the ale of Ne property i( not paid by Ne gnnmr. In addition, and at its option, Ne beneficiary may declare Ne irWebNdness secured hereby and this Decd of Tmst to be in default Far failure to procure msunnce ar make any of Ne payments required by Nis paragraph. [f all or any pan of Nc pmpcrry or an inmrcsr Ncrcin is sold or ttansferrcJ by Ne gmnnr widrov[ beneficiary's prior written consent, excluding (a) nc~ acation of a lien or ctuvmbnnce su onlinxtc m this Dccd of Tmst, (b) Ne crcauon of a purchase tummy sccunry interest For household applianus, (c) a transfer by devise, tlescent or by operation of Uw upon the death of ajoint tenant or (J) Nc grant of any IcaschelJ interest ohhrcc years or less rat congining an option N purdtasq beneficiary may, at beneficary's aplion, declare all We sums by rhts Dccd of Tmst to be immediately due and payable. Beneficiary shot) have waived such option m aceelemte if, prior to Ne sale oc transfer, beneficiary and the person to whom the pmpeny is ro be sold m tmnsferrcd reach agreement in writing that Ne credit of such person is n[isfacmry ro beneficiary and Nat Ne interest payable on Ne sun¢ secured by Nis Dccd of Trust shall be at such rate as beneficiary shall request. use m of and Delivery of Ncse preunts fie is well sein gain, uIl and convey Ne same in Nc mariner m n or to smJ )amts. tenements, and Property as hale of Colondo, or as any excmphon under ai Wercto and Jut Ne same are free and clear uF may Nc ar Penny or reuempnon, n any mere oe, aiw snau oe enuneu memo as a nraner o[ ngn[ wimvut rcgarv to me sorocncy or nrsomency m me granmr or or me then owner of card pproperry and wiNout rcgaN to the value thereof, and such Receiver may be appointed by any court of compelent)urisdiclianopon ex pane application and willrour notice -notice being hereby expressly waiver) -and all rents, issues and profits, mconre ant revenue diercfrom shall be applied by such Receiver m Ne payment of We indebtedness hereby securcJ, accoNing tv We law ant Ne orders ant Directions of the won. AND, Nat in cast of Jefautt in any of uiD paymcros of principal or interest, accoNing m the tenor and effect of said promissory nine or any pan thereof, or of a 6rcach or violation of any of the cmenanls or agrcmnents herein, by the gmntor, then amt in Jut case Ne whole of said principal sum hereby secured and the interest Hereon ro dm fime of Nc sale may a[ once, ar Ne aplion of Ne legal holder Nerenf, become due and ppayable, and the said properly be svlJ in the manner and wish We mine effect as if sail indebtedness had maturcJ, and Nat if foreclosure he matle by Ne ILblic Tmstee, an attorneys fee of the sum of SEVEN THOUSAND AND 00/100*+*++*++++++++++++++++++++++++++++ Dollars for services in Ific supervision of said foreclosure prometlings shall be allowed by dre Mhlic Tmstee as x pan of the cos[ of foreclosure, ant i[ foreclosure be made Nrough Ne ~rourls a reasonable anemcy's fee shall he taxed by Ne court az a pan o(Ihe cost of such Foreclosure proceedings. ft Is Eurthcr Understood and Agreed, Na[ iFa release of this deed of tins[ is required, We gmntor will pay We expenu Hereof, that all We covenants and agrcemems herein containeJ shall extent m and be binding upon the heirs, person rcpreunmtives, successors aM amgns of Ne respective panics hereto; and rho[ the singular cumber shn0 incluJe the plural, the plural Ne singulap and Ne use of any gentler shall be applicable [n alf genders. C•xecuted Nis 17TH Jay of MAY , 19 96 ATTEST: R ~R' O. D~VIS (SL•AL) LONNA~'I)AVIi_~~~ Stale of ColoraJo County of AEFFERSON ~az• This foregoing inswment was acknowleJged before me Nis 17TH Jay of MAY , l9 96 by ROEERT O. DAMS LONNA DAMS Witness my hanD ant seal. My wmmission expires: Notary Public Name and Address of Person Creating Newly Created Legal Description (Section 38-35-1W.5, C.R.S.) E 0 W q ~-6328007 issoei W ti CAL o C .V. F ~?aq "' o W , f1 D 9 ~' T q ~ O 3 V ~ O E >< ~ ~ O a v U o .9 ° a a U o p U 5 ~' ~ ~` 0 8 f: E s c E E z ~ ~ i i Pogo S or 3 ~\ ~~ QZ ~\ a~ tfJ ~_ v l '^, t') 't V f.] O ,C L CJ p u~0~ N~~ LL U U W J u 2U r` w NOTICE OF PUBLIC HEARING _ Notice is hereby given of a public hearing to 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. Case No wA-97-27;_An application by Jeff and Trish Cozart for approval of a 10 '' side yard setback variance tb 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. t'aGe 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_ ('a GP 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. Trip-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, rasp No TTJP-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. Mar L u Chapla, Secretary ATTEST: Wanda Sang, City Clerk __ ~ ~~ To be published: October 3, 1997 Wheat Ridge Trauscript_ P.O.BO%678 TELEPHONE: 3031237-6941 The City o/ 7500 WEST 29TH AVENUE • WNEAT RIDGE. COLORADO 80034 Wheat Ridge POSTING CERTIFICATION CASE N0. ~V~ _ g7- ~.~ PLANNING COMMISSION - CITY COUNCIL BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ~0~231~/7 I s ~~i~lLT` 'O' .~i /1 ~ n a m e ) residing at JZfl?.S tJ Z~j'~ /~GF~ J„/~~-~/~ ~ gq2~,~ ( a d d r e s s) ' - as the applicant for Case No. J~ff" - g7' 2g , hereby certify that I have posted' the Notice of Public Hearing at f Zrr'7S t..l Z9 "~/~i~i~ - ( l o c a t i o n') on this / ~ day of 6Je~1~o~5~/( 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. Si NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Community Development. dri; ~\ s s -~~ s P.O. BOX 638 TELEPHONE: 303/237-6944 ThB C%fy Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge October 8, 1997 WA-97-29 This is to inform you that Case No. which is a request _ fox, approval of a 17'6" front yard setback variance to the 30` front yard setback requirement to allow a garage addition for property located at 12075 W. 29th Avenue will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at ~'~~ P'M' on October 23, 1997 All, owners and/or their legal counsel of .the parcel under consideration m s 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 xQView any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" 1 --- . _ ~{ f 9 'I 1 P 963 361 9 3 ~. 7J W O O $ CJ C $ kV ..j c `~ !1~ n mD m•m J ~~ G m C -zl mai ~ ~ ~ ~ ai >~ $ o yp n I •) q. .• W O P 963 361 994 ~ O+ ~ti .a o y a a m ~ y m c n ~ a m ti Z ~r Y~ W W O O /~ V/ 0 (D C O (D ~ N A Q.'a ^~, 0 W ~ E 963 361 990 m n a !TI < m c -I m N Z O N W 8C 4+~ R Y'.S" ~~ ~ n O2 P C'» ~ z ~ ~ m~ i+ ES ~ o ~ _ m wo ~ m ' g m ~ ~ 66 } r n a y ~3 GO y o ~^ C D T S m0 m A svv..., im h ~ g O Z y oy m A ;~ 9 T _ n r 5y ~ e 3 a ~ °a m ' - - - - - -'- " .... N ~ ~ ~ ~ ~ ~y ~-' ~ x ~' m A `° a - @~ m a a ~ ~ `° d n ~ ~ a o ~ H ~ tiv 'm '3 07 }... J ¢ ~ ~ ~ 6 ~ o' ti. f ~ m _ r. o . N a a o 4 - 7 ~ _ N r. .._. - c ~ : f p ~ O d ~ A ..w o ~ z ~ a ' ~ w 3 ~ a - - (p ~ ~ r. l 3 n ~ 'v ~ ~ j W m ~.+ ' 0 9 ~ o _- F_ w m ~, ~ _ s Y y a ° -_ _ - _. ~ - ~ ~~_ 3..-.._ - ,.. -. ~ .. - m ._ ~ _ _ ._ - ,W D 1 ~ y ~ n o~ 8m ~ ~ m / ' a 0 n ~/ ~ ~ a ~ ~ -- p ~ ~ , D =N ~~~ n m w Y. W m m ~ r' ...:..- ~ ~ 3 ~ ~ _ J Q ~ Ya J O' ~5. ~L - (p ~. J~ ~ d O S {U ~ % ti - - F o 0 o ~ ~ m d r o ~j ~ N -:. t ~ F ~o ' g .r. ~ r' 0 3 ~ o ~ ~ a ~ F a °' ~ ~W m ~ a9 '° ~ - ~~ N j u N O_ ~ p) (n - W • • • y _.. __ ~ D y a ~ gm _ ___ _..O ~j S~ a O ~ ~ i ~ o A - .m _ _ W m a ~, ~"" ~, a a s o ~ .. _ W I A.a ( y n 3 J D ~ Y'.^ .. ~ ~ o B c J a ~ a f t 3 d ~ ~ ~a aN _~ ~ N ~ ~ ~ f ~ } 6 _ ..r ~ 0 2 - - o' w _ _. ~ a R ~- n _ ~ ~ n m ~ d ~ ~ _ d - ep ~.~ 3 _ - C 7 ~~. Q m a 6 t ~ La 3 ~ ~ y N SE '* '~l~~'~iilff y .... ~ ~ p ~ n ry O N ' _ ~( ~ O ~ ~ Z O ~- ~ -$ gWIN c6 N C~ `G~ 0" N ^ ~ lp ~ ° 3 y ' m a m m w Q ~77a No ~- o. N -n w T ~ ~ y m 3J m ~' N Ii1 ~ E' m ~ ~ ~ o °' Q m m .O' N `0 ' ~ 6 3 4 `R < < ~ ~ d O N __ _ 4i & ~ m^~ m ^~, ~. N N d ~ N w s V IMPORTANT! PLACE STICKER AT TOP OF ENVELOPE TO I THE RIGHT OF RETURN AOORFSS. ~ - ~ ~ .. a= _ _-- -. _. - - ~ .. ~ _ ~ . V fn OJ m ~ w • • • y Q ~ .. _ y ~ y y a a9 m ) /~ n ~ a ~,~ P 963 361 989 J ~ W `~ ~ ~ m m " m H j ~` (,, ) m n J a a a ~ ~ ~ ~ W N~3 ~ w~. ~-~ ... - 1 a ` _ .. - ^S N a O A ~ ~ A n y ~ ..,r o F. ~ n ~ I ~ ~ -ZI m~ z I ~"°~ m N S ~~ N ro p o' ' o' 3 m { y C7 fC t A _-~ - ~ o [D iS}~ o ~ 'oi °o I CF ,,, or .~ ~ ~ a m ~ 1 - ~ ` d , ~ ~ ~ a ,,. s o ~. a m m oo ~ o "~ I m rn L -'~~ ? _ ny _. _ ~-- - _... _ I . _ ~ ~ _ m a 3 `` I N ~ a 963 36 P 988 ~- '_' ~ ~ a ? a~ ~m ~e- o ~ m < it s ~ ~ > ~ ~ ~ mm ~ a f ~ ~~ `~ ~'~ ~ I m a n y o, .. '^c _ O Z ~ ~.~ y O 1.~ C ~ ^ ` ~ ? 6 ~ ~ N ~ .. • W ~ W e _ -. K O ~ F ~ ' ~ u ~ o I ~ ~ , o ~ m' ya~~ - _~ rn . 3 m m a a z I - ~ L s^r ~ y~ ~' I ~- _ d ~ ._. c i7 _ _ __ _ w ._ .. ;., : :.~ ~h.. ii w I ~ P 96 6 ~ '~ y Xy fO ° ~ ~ ~ ~' 3z 3 3 1 98 7 ~ ' n ~ E.~ _O j i ~a a ~ w ^. ~. 1 a ~ w ~ _.s t ~:i -Ya m a ~ J °n A a ~ .. ' ~ W ~ W .. i_ 3 y ~ m a a ~ r ~ .. N I ~ m < m c I ~ j Q ~ a ~. °. ~. ~' I T7 ~ I Z I m y i I i ~. ~ m M. Y ~ o s 4 a o 7 J O t - c m Z - f- H o 1 ~ ~-~~ I - ~ o ~ .. 4~ o~ ~ ' ~ _ ~ p 3 m ~ S' O Gi C7 ~ ~ ~ ~ y t ~ ~ m I I ~ ~ ~" ~ S9 ~ S~ ~' p c v+o 1 } _ o m ' ~ °` ~ m ~~ ~ ~ ~~ ~ N . I ~ 9 ao l ~~~, a , m ~o H f ~ (SY ~"S ~o m ~ a <m ~f t1~ ~ F 3 o ' N ~ ICY 'tj q N;.. .,5 y$ N z9 n ~ ~ v ~ i F~ CJ B~ a ~ a ° ~ oy y ~o \~\' ~ ~' G ~~ ~v ~ } ` V ti ~ ' ~ ~ ~. ~ ~ ~ d ~. ~ a a ~ 1 ~ ~ ~ ~ ~; ' ~ a ~ a a O J O O ~ D - N N f ~ _ O m tea' w O . -I n ~ ~ F c > > Q' ~ m ^~~N ~ y m ~ RI m W~~~ a~ o ~ ~ I ° ~ ~ m a ~ ~ a ~ a < E. l "S N ^"n y 3 ~ am " W m .`m ~3 Q- f 1 ~ S m d ~~g r N ~• x ~ n c ~ ~ ou-O~ I ~ ~ , ~ ~ ~ ~ I Q~ 9 _ a dN ~ n ` °a ~ m m ° m ~ m I = ~' ~~ _. 2 ~ y>v j _ ~~ ,_ -- ---- --- - ---~--=-~- IMPORTANT. PLACE STICKER AT TOP OF ENVELOPE TO 1_ _ - _ _ THE R(GHT OF RETURN ADDRESS. _ _ _ U] W O O W O] `~~ O (_ U) O (n w_ O (D ~~ I rt ~ J ~ Tn ,V Q ~ 1 ~o I --_~ P 963 361 986 U) m m m m < m c -i m ~° ~ ~r w~, .~ 'it' 4*S 471 iG N 9C O "`"a Ci d 3 l3A. ~~~ ~T ~ m not 'a ~ m~ o° o ~~ m n ° m o0 i <o ° ~ m~ 1 ~m\ ~ __ _ P .963 361 985 s. A~m m < m c ~ m y ~ 0 1~ N .'C1 ~ NO ~~ o ~ n 9 nv, ~ ~ ~~~ ~ $ ? T ° N m f Q yC n : m O$ O' Y n `o Cr w e» ~ m n g E ~ i. OD ~. P m K N y IV 'LP oo Y T' a °m tss ~ ., t ~o ~a r1 ~o N 0 y 3 x ~I jl ~I 1~ )~ c ---~ m -- O m N X `~ Ut ~ - n ~._. 'v ~ m ~.~=W N ~ ~ „_.. ~ a W ~.~. i Q m,~ ~_. d - •~ O' N _,_ m Y - rn ~~. ~~/~ ~. T ~\ W m d _.. ~ ~ m ~ a i ~. W -- '` __ ~ ~ C -_ i~__ ~ ~:._ v- - ~~. ~, (D y m a c ~ a ~ Q N ~ Q N (D ~ ~° ' a ~ Q n a m ~~ °=~ n z A ~ g~ EO N ~.~ A o ~ m n '3 """ " °- ° y _ rt °' S o F c ~ o (• F ~ ~'_ a ` :. 3 a ~ 0 _, m 9 ~ ~ a o ~ A o ' m . m° v R ' ~ - o a ~ ~ ° a m a N = ~ -- ~a_~~ W • • •y y ~ a o? gm m -3Z ° n YO A 3 nn 3 n 1D. 7J n A o __ m 3 a o ~+ m _ . o - - n N ~ n N . ~ - o a~ 3 ~ s. r. ~ <= 4 =o ~~. ~~ ti. ? - a 6 ~ 3 ~ _ m a c a ~ S a a m ~ E o ~ m 3 ~ J Q w n ~ W D a m ~ 'O ~ o A N ~ n N f F O `° ~ _D Z - _ O ^ ^ ~ n ~ ~ D W N o ~ JJ m ~ n ~ ¢ <f LU ~' ~ w m s Q' ~ N ~ ~O m ~' N°~~sm D ~p O y O ~ m n ¢~ ~, ~~~w~ N~~ ' IMPORiANP. PLACE STICKER AT TOP OF ENVELOPE TO I _ _ THE RIGHT OF RETURN ADDRESS _ ,~ ,, TO: BOARD OF ADJUSTMENT - -DATE OF MEETING: October 23, 1997 DATE PREPARED: Oct. 16, 1996 , CASE NO. & NAME: WA-97-29/Davis CASE MANAGER: Sean McCartney ACTION REQUESTED: A request to allow a 17'-6" front yard setback variance to'the 30' front yard setback requirement. LOCATION OF REQUEST: 12075 W. 29"' Place NAME & ADDRESS OF APPLICANT: Robert Davis 12075 W. 29`h Place Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 10,822 square feet PRESENT ZONING: Residential-One PRESENT LAND USE: Single Family SURROUNDING ZONING: N:, S:, E: and W:Residential-One SURROUNDING LAND USE: DATE PUBLISHED: DATE POSTED: N:, S:, E• and W: Single-Family Residential October 3, 1997 October 9, 1997 DATE LEGAL NOTICES SENT: October 9, 1997 AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQIIIRED RELATED CORRESPONDENCE: ( } ATTACHED (XX) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) 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. Board of Adjustment Staff Report Case No. WA-97-29 I. REQUEST Page 2 The applicant is requesting .approval of a 17'-6" front yard setback variance to the 30' front yard setback requirovedttheo allow the construction "of a garage addition. If app garage will be located ~"_-6' -from the"£rorit property line., Currently, there is a 2 car attached garage, with an arcing co3icre-te driveway accessing the property from W. 23t° Place. The applicant is requesting the proposal to allow for a garage addition where they can enclo__se their boat, motorhome and. other vehicle. '&h_e_garage wi-11` incorporate the`existng concrete driveway. The house is currently locate~i_22_'"-3" from the front property line. The property is a miss-hapen rectangle, with diagonal property lines on the west and south of the property (see attached exhibit). According to section 26-10 (F) of the Wheat Ridge Code of Laws, structures built in the Residential-One zone district must retain a minimum 30' front yard setback from the front property line. However, if there is an existing npn_co~orming se ac an addition can be built in line with-this existing setback. 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. yes. If denied, the structure may continue to be used as a single-family residence and yield a reasonable return in use, service and income. Currently, the residence provides a 2-car attached garage. 2. Is the plight of the owner due to unique circumstances. No. There aren't any unique circumstances that may be attributed to this case. Board of Adjustment Staff Report Page 3 Case No. WA-97-29 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 all-ow for the only structure, in the neighborhood, to be within 12' of the front property line. 4. Would the particular physical surrounding, shape or topographical condition o£ 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 an odd, rectangular shape that does-not allow for, ..many development opportunities. The property goes from a depth of 70' to 127', west to east. However, it should be noted that there are some alternative placement configurations that could be-utiliz-ed to place the garage with conforming setbacks. _ 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 o£ the variation based exclusively upon a desire to make money out of the property. No. The purpose of the. request is to provide for additional covered parking for additional vehicles. .Currently, there is an attached, 2-car garage. 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-97-29 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. However, approval of the request will allow for the garage to be 12'-6" from the_south property line. 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 the front property line, 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. ~. 0~1=IG1~4L ZONING Mt~~' WHE~hT ill DG~ GOLOiZ~DO MAP ADOPTED: Junc 15, 1994 a~ SJWNTiM@[T OF PL.FNdNC Ate DEV9..OPI.BtT -735-1852 L:\DRAWINGS\PLANNING\OS\SE29 -, r ~ ~ t 100-YEAR FLOOD PLAIN i__~ (APPROXIMATE LOGATIOW - ZONE DISTRICT BOIFlDRY PARCEL/LOT BOUNDRY mE51GNATES OWNERSHIP) --''- CITY LIMIT LINE ---- WATER FEATURE S~ 2? _--_ o m m aae tae .ao sci.Le x_400 -- il~~-F]~[+!I i17CJKlION r~It'I~iG4'E Prow aiV.W IW We Fnra.l nrns ~sr z9rH rL.c>; LQf 27. BLOCK 9, MgJ!?fNN SHAOOwS 5118DM510N. 5ECOND FILING. COUN'(Y Of JEFFER50N. SPATE OF COLOR Q ~~ mGi \ ~~ ~A• R,.,R'~ ~~'~s ~J'L 'S~ F 3'~ gv r J. ~` ~" l/sr ~'~ G~n..4hh~ ~,W/,,t.3Jr JxfnL~J' Ly'ry/yr L.n/tE..)cq. 14-r30 w ~q~'%'e A! c ~nr,4 0 Pati ~~ ~*~~ °~ v ~ ~~ ar,-' ng y~ Sua r.-. "~~ ~ `` zo al i,.~• a ,p„ ya a-,"a ~s'r ~',~ n~ ~ ~ `~ P.^~.ti ~~ a t-. ~o t CERTIflUTION: ! hrrtLy OSti(y that th[s un!>twrn+ait loralla+ Qrtlnrale whs praparod IQ MASTERS FlNANCIAL SERVICES THAT IT 6 NOT A LAND SURVEY PLAT OR IMI'ROVEMENf SURV IiY PLAT, and that ft is nal to tc riled uprn for the edablishma+l d fatQ hflldlnP, a dher (urlurc Imprdmrterrl lines. 1 (urtlw ~tlfy that the Improvemds m the abo/e decihod pxas rn tMS daiC DECEMBER 27, 1991, aa®pt ul'dily tOrtf16di0ct~ ire Pnlirdy wI1Nn the bwndaria d the petal, eoccpl as shown, Ihal lhcre ac m awoantptls opal the deaalbod prcmas try tn+lxwemcMS m mty adjdruna premser, eaapl as Irtdided and I1ut these is Ito APPAREN'(cvidatm a sign d any assentcnt aatsing r: burdening any part d Wd press, aml% u nAad FLOOD C~RTIFIUTION: It is hacb/ ox1111m 11ta1 the proyxaty desalbs6 heraa+ 15 Nei' Itnud wilMn a Road haaar0 hantdary In acn>rdanaC with the NtrCM HUO Fedaai rbminlsuatten Hard Hurd Maptt ' Map Ortod 1~7.m Yaxs Nrj„•,QI6tl29 tl005tl Zate C [" ~~ H ~EH y \ LENZ1Nl AND ASSOCIATL•S esionat and Surveyors DATE DECEMHER27, 1941 +4 ~ t@tlp yV, µth A.rmYe, Sullc 122 pORROWER DAVIS ? a V4>dt Rld~ C~aado Utllti7 FEE f75.~ ` is ~ r ,' i Dtl3l a12-@t16 FA)t ll¢il <Z2-@lU j06 NO: 1191167 \ it<t. r yapnfPPlrPtP.c ..a..rua.an '.ltP~.••~ PAULA LENT.INI PLS t1676 IJTr~/~~PJ°N /2115W~-~r~'' y3rn•v~ ~~r ~iorry . fc,~ f~ f k~ra,>- A~ 3or.~ Mv.i rl7R~r. .Tff++9o vJ5 l2! rl '1 l9 45q 3t7Z ~' (0$27-. R ~ ~ i `~ 0 ~~ • ~ '~. ~~~ .~ ~ 1~~ ~ ~ v~ \,` 'gyp `\`, /`' ~ ,`` ,~ 1 .~ ~ ` ` ~ ~ ~, ~` ~ .. ~ ~ i ~ ~ I ,~ ` / aN ~~ ,, ~ ~z v ~ 'PLopos~p / ~~ ~~ ~~ ~ ~ . ~ ~ ~o~~ •~. ~. ~. ~- ~ Oct~15-97. 0 : 5 9P 2 nna L o Davis- -- -- - 303 231 9243- P_01 ( yn ~7 /J/. (J~.~(laf '(!-~( 1 l f~/%af47 €NTERPR [!G! i~ c.r~~a.~ •-~ ,~ NJ~(/~s~~~' ~6AR A6 ES 2 P.~ . 1~. ~~~~ 23S•zSS~ F,L.~, La.y.-~~ ~'''' 2 3Z 772 ~ ~-yX 23~ -J`Z~3 N F•rnt 171.6127 • f TOiGL P.®• 'c Ree„NeJ at o ciack_ hf.. Rttcplion No. RccoNcr DEED OF TRUSC THIS L\D&VTItfiE, Made This 17TH Jay of MAY , l9 96 ,between ROBERT O. DAMS -. _ LONNA DAMS wfiox aJdrtss is 12075 W. 29TH PLACE WHEATAIDGE, CO 80215 - Lcrtimflcr rt(crml m as gnnmr, aml dt< public Tmsme of Ifie SAID 'County of JEFFERSON , Sute of COlondn, hertivh<r mfeml m as Public Tmstce, aiTfNE5SEf1[, Tf[AT, WHFR&VS, ROBERT O.-DAMS - - LONNA DAMS M1as czecumd a Promissory Irate or notes, h<mina8cr rcferrtd to in the singular, deed MAY 17, 1946 , for the PritmiMl um of SEVENTY TROUSAND AND 00/100 DOLLARS Dollars. Myable ro the oN<r of BELLCO FIRST FEDERAL CREDIT UNION whoa addrtssis P.O. BOX 6611 -. - _- ENGLEWOOD, CO 80155-6611 - a0er dte dam hemoF, wish intemu therecn from the dam Iherecf at tM net of 4.250 per cenlMnrmunt Myable ++IN 83 ~ MONTHLY INSTALLMENTS OF ONE THOUSAND ONE HUNDRED THIRTY THREE AND 28/100 DOLLARS++($ AND 1 INSTALLMENT OF ++ €IGHT HUNDRED TEN AND 41/100 DOLLARS *+($810.41)++COMMENCING ON MAY 31, 1996 AND CONTZNUING THEREAFTER UNTIL PAID IN FULL. AND WFIEREAS. m<gnnror u dairws <f xcudn6 MYment a[rhe PrinciMl aM imercst of aN pmmisury nom N whoa hamis sower Jte said mxe may be. NOW TFIEItEFORE, the gnnmr, in con<iJcntion of the prtmius and for We puryou afortaid. Joa hereby gnat. MBiln, all and convey umo the said Poblk Tmxx in wu PomaCL Ne following deuribed proPcM• sinum in Ne SAID Ceunry of JEFFERSON . Sete of ColonJo, ro wit: LOT 27, BLOCK 3, MOONTAIN SHADOWS SUBDIVISION SECOND FILING, COUNTY OF JEFFERSON, STATE OF COLORADO. ~ - also krwwn by urtet allJ camber ax 12075 W. 29TH PLAC€ WHEATRIDGE, CO 80215 TO RAVE AND TO HOLD the ume, rogeNer with all and singular the Privilege awd aPpunevnccs mertumn bclnnggmg: In treat nevenheka. Ilur in ezm of default in the MYlncnt of uiJ note or any Mn Ihertnf, or m the MYnunt of dte inmmst IMrtnn aceaNing ro me mmsr atM eRect of said mac, nr in tM Mynum of any Pnnr exambnnce, prinaMi or inmmu, if any, or m ex Jefndt shall he made in nr in ast of viadtion nr brtach of any of the rcmn, a+rNitkm, eovevnu nr agrtemcnm Mrtm mmined, dle benc(mury Mmunder or me legal holder of the iMeMeJn<u xcurtd hereby nay Jttlam a violmmn of an of the mvevnu Mmin cntvineJ arN mry.ekct to Wv<niu xaW Property fnr ale, and demand such ale by filing a mnrce of <Itttion and demaN far uIe with the Public Ttunea UPnn taclM of etch mlze of electron arcl JemarvJ fm ale, Ih< Public TmSme sMll nnx a copy of Ific ease m be rttnNeJ in IM xmNer s olfine of dte ctwnrv in which ukl PmPen1' is siaalN. The Puhlic Ttusme Shall dun give PaMic wtice of Ibe time anJ Place nF.uk by advenixment ro be WNiahed for (mtr weeks (nrKe ech week far five accessive weeks) in some newSMl'er of Rcncnl citeutatinn at the Ilme ppI liahcd in We uwnry nr coumies in which aN PmPCnY, i5 mcal<d. A rnPY of surd) mrtice xhali be modal whhin kn JAYS a0er the Jam of the first Puhlietmn Nermf to gte gnnmr n the aJdras given hertln, to ach Persons aPPeanng m have acquimU a ulhuFle<nt rttoN inmrtst in aW pproperty ar the aJJrtss given in IM rnaNcd inslnlmenl, and In any other perms as rvy be PmvxkJ hY law. It sMll aul may Ihcn he lawful fnr the Nblk Tmuce m xll uiJ m for the bi hat and best prke the ame will bong in cash amt m Jispou of the amc (en mum m m uMnm Mrt<IS, a the aid PaMk Tmuee Ivy think hml, jog<mer with all the riRghq ride and imertst n(the gnnmr thertin, at Mblic Rn<hnn at anY place a1 IMy h< SptCrfMl hY Stamm AMI J<51lnaMl In dm Ildl<e of alt. ThCLPUh11C Tmnn sMll make anJ give to the ppurclwxr of .ach _..__ _ - _ ____~ ...a,~ . nn.,...m Ihar aaN nnmMxr Inad rson a ai L the m decJ, Ih< Pmpcny Mmhssnl a dnreaW and all the right, ti11e. Imertu, 0<neht atm cslalry m rcucmpnun ns m gram.,, ~~ ~_,,..,,~ ~ . -..-- Jnll, mrt of tlm pneecJs nr avails of ach uIe, a0er first MyinR and mrainmg vll ftts, charges aM com of making uW z'Ik, pay to the hevficiary Lcrculydcr or tlrc legal hoWcr of uN rmm, the prirwtpal uxl inmrtu due on saW Itom accoNing m Ibe moor arN cffttl dmrcof, amt all mnvya aslvmscarl M sucfi Imnefn:iary m legal holder of akl msm f r inannea. axes nrvJ azxxsnwnls. wish imcmn Ihemon at 9.250 per <rnt Per annum, rtulcring tlm uverplux, if any, unw moae petusv enullcJ Ihcrtm as a nuncr of law. Sail ale and uN JeeJ u male shill Ire a perPCmal Mq Iwth in law amt a airy, againn Ilm gmnmr slat all ether Persoav claiming the wiJ Property, m any Mrt IMrtuf, bY, from, Ihnxlgh nr artier Ne Bnnror. Tm holder of xak~ tmm Ivy Purthax aid pmlwlry ur any Mn themoC amt it shell not hbee e6ligamry upon tie puv:M1aar at any such uk to xe to the application a(tlm MrcMu vmcy. 'If in Denver. Inxn'Ciry arvd'. r.oa ar ] 1?60x1 ELKiaOnlC V.Sm FOPa54. INC. - Ia001]]AOSa4 S a The City of ADMINISTRATIVE PROCESS APPLICATION GWheat ~Ridore Department o£ Planning and Development 6 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant ~ol; El(T D . ;/i~l~l.~ Address ~ 2 G?~ U/ 2.q ~G _ Phone 23Z-77ZS Owner ~Olr, ~2~ ~• ~A~l ~ Address f 207 S W 25 PL Phone 232- 77y~ Location_ of request ~Ar32c~ Type o£ action requested (check one or more o£ 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 o£ code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide ~ Othereral extraction permit for specific requirements. n ~//'' /]KE To %7/~ /2/C~Gul11-~C LOP~ffA"/-~. Detailed Description , o£ request yR1CfR>`/[~ i7~ ~ ~/fiR+Y~~ FIL~~'t ~ll~ a~~= uA~K°+F 11 2Cj PcAr.E io '7~ ~'i~E f,Sr9 CF~'~: ~ ~ EXr ~raEO E Corr r~J:~'n l-- u/17f- fN< PFD l6~ a~ pu. r'O 5?lECo ./3 tf~:J' ;,/E~A~r ~r•Ow~{ o~ Tim _ ccc:~ /.>T. r- F ~ CY ' f:3 i' /zt Li ''/ail p rSons and~coinpa Yes who ho d an Pint rest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME gELL.Lo C~Crcf~is'4.riOrr ADDRESS Po ~X/7oie,FJr*i+/p~,tq. PHONE/'897Qao /lor3~2s O ~R/1 ~ ~2r~ ~S w' 2~i l~cAz/ b/I{~A~ /t, 9GC 232 7 72~ /YO~~ar mo~cr~a-~ Po 3or `tf`l F.~vEnlc.~, Mo 2, yo -yiy8 boo /z3 .SOZ/ 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-o£-attorney from the owner which,. approved of this act n alf. S3•hature`bf~~.,Applicant '`, \~ 5~ib'~~r~:bed and sworn to me this~~`f day of ~x~~~~.. 19. 9 7 p;`'`i;,;~. .•'t~, Notary Public ~~ 5 E~1Iti q~~~;;.•' My commission expires ~~S-moo ~ Date Received wfz~/n t' xecea.p~ ~~~• - - •- - ~--- -- . PUBLIC HEARING SPEAKERS' LIST CASE N O: WA-97-29 DATE: October 23, 1997 REO UEST: An application by Robert Davis for approval of a 17'6" front yard setback variance to the 30' front. yard setback requirement to allow a garage additio. Said property is zoned Residential-one and located at 12075 W. 29th Place. NOTICE OF PIIBLIC SEARING Notice is hereby given of a public hearing to be held before the _.. Wheat Ridge Board of Adjustment on January 22, 1998, at 7:30 p.m., at,7500 West 29th Avenue, Wheat Ridge, Colorada. A11_ interested citizens are invited to .speak at the public hearing or submit written comments.- The following petitions shall be heard: 1. Case No. WA-98-1: An application by Leonard L. Kearns for approval. of a 5'_side-yard setback variance to the 15' s_id~ yard setback requirement to allow ,a detached garage.. Said, property is zoned Residential-One and located at_ 2971 Teller Street. 2. Case No. WA-97-29: An application_by Robert Davis for an appeal of a denial of a 17'b"..front-yard setback variance to the 30' front yard setback requirement to,,..allow a garage addition. .Said property is zoned. Residential-One and -- located at 12075 W_ 29th Place.. Appeal approved by the Board of Adjustment on December 11, 1997.- ATTEST: Wanda Sang, City Clerk Mary o Chapla, Secretary To be published: January 2, 1998 Wheat Ridge Transcript P.O. BOX 638 TELEPHONE: 303/237-6944 ThE clfy Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cwheat Ridge January 8, 1998 This is to inform you that Case No. WA-97-29 .which is a request for an appeal of a denial of a 17'6" front yard setback variance to. the 30' front'/yard. setback requirement to allow a garage adddition - ry for property located at 12075 W. 29th Place will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on January 22, 1998 _ . All owners and/or their legal counsel of the parcel under consideration. mu 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. 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PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. .:- , ' ** C050 Luhrte Richard Von 3062 Mountain_Shadows'DR Lakewood CO .80215-6517 ** C050 William C Anderson 3021 Mountain Shadows DR Lakewood. CO 80215-6516- ** CO50 Robert O Davis 12075 W 29th PL Lakewood CO 80215-6502 ** C050 Rick C Adams 3.061 Mountain Shadows DR Lakewood CO 80215-6516 ** CO50 Barbara R Carver 12130 W 29th PL Lakewood CO 80215-6503 ** CO50 Loretta D Schwanki -12000 W 29th PL Lakewood CO 80215-6503 ** CO50 Gerald Heller 3042 Mountain Shadows DR Lakewood CO 80215-6517 ** C050 Richard N Atchison- 12115 W 29th PL Lakewood CO 80215-6502 r~- ~ ~~~ ~~~~-y /~,`"' /998 ~ ~ G~o2tu~1o,~ a~ ¢r ~~~.~ .~. ion /z'6" ~ ~ may`/l!c roreL j1~3v'"_ Sw~~ ~, < ~~.~ ~, Z ~`.ZL~ ~. t.t~-L.VL~;~t l 5 tI ~ ~~;',~~1.,, J'G'Gz4µ ~,~- U .> ~ca~E7T~1 ~i%~,2~'v ~ffG.'P,a"KL ~~Dd ~ ~7~ )`-'SCE ~~-~ ~j~~ 3o~t yi1~~l- 5~., 17r. .. `c'_~i-~ iC'c_t1 ~.~lL~~ `'~C-'Cc~Z t1~-fi1 SlZ2c{c~~v,~ -° - ~~Cl~ ~~,- • /a f~T ~~/ ~ r'te` ~°/ ~~ io ~ of/~gs • • CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA JANUARY 22,1998 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Boazd of Adjustment on January 22, 1998, at 7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado. i. CALL THE MEETING TO ORDER 2. APPROVE THE ORDER OF THE AGENDA 3. PUBLIC FORUM (this is the time for anyone to speak on any subject not appearing on the agenda) 4. PUBLIC HEARINGS Denied ~,, ('ace No WA-97-31: (CONTINUED FROM 12/11/97) An application by Ben Bandimere for approval of a 953 square foot lot area variance to the 9,000 squaze foot lot area requirement and a 15' lot width variance to the 75' lot width requirement for a duplex. Said property is zoned Residential Two-A and located at 4470 Lee Street. Continued B• ('a~a No WA-98-1: An application by Leonazd and Glenna Kearns for approval of a five foot side yard setback variance to the 15' side yard setback requirement for the purpose ofconstructing atwo-car garage. The property is zoned Residential-One and located at 2971 Teller Street. Approved w/ C• a~'~ ~~~W~7-29' An application by Robert Davis for approval of a 1T-6" conditions front yard setback variance to the 30' front yazd setback requirements for the purpose of constructing an addition to their garage. The property is zoned Residential-One and is located at 12075 W. 29th Place. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS Approved to A. Reconsideration ofCase No..TUP-97-7, Chesrown Automotive Group reconsider @ Feb-- Mee~S NEW BUSINESS Approved A• Approval of Minutes: December 11, 1997 8. - ADJOURNMENT to February 26, 1998 s WHEAT RIDGE BOARD OF ADJ[7STMENT MINIITES OF MEETING: December 11, 1997 Page 8 provided. Motion carried 7-1, with Board Member HOWARD voting no. --Aecnns"i'd-~ a ;on--n - a --No-.--WA- 7--=.. ----' 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. B. 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 B-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 Tom Abbott - Vice Chairman Motion carried 8-0. C. Case No. WA-97-29: An application by Robert Davis for approval of a 1T-6" front yard setback variance to the 30' front yard setback requirements for the purpose of constructing an addition to their garage. The property is zoned Residential-One and is located at 12075 West 29`h Place. Sean McCartney presented the case. He entered into the record the zoning ordinance, case file, packet materials and exhibits. The property is within the City of Wheat Ridge and all notification and all posting requirements have been met, therefore, there is jurisdiction to hear the case. This case was previously heazd by the Board. Since that time the residents have contracted services with an.engineering firm to review the site and make suggestions for improving the drainage problem. The engineer stated that the proposed construction of the three-car garage would be a solution to the drainage and water pooling problem. Mr. McCartney reviewed the criteria used to evaluate a variance request. Staff concluded that the criteria and the engineer's report support approval of the request based on the existing drainage problem. Chair Person MAURO swore in Robert Davis and Lonna Davis both of 12075 West 29`h Place. Mr. and Mrs. Davis presented their case and entered into evidence photographs numbered 1, 2, 3, and 4 of said property. Also entered into evidence were photographs 5, 6, 7, 8, and 9 which included photos of a neighbor's driveway that is similar. Mr. Davis also entered into the record, a petition from all of their surrounding neighbors showing no opposition to their plans, the petition was entered in as item 10. Discussion followed regarding the requirements for paving up to the extended garage, dimensions and how they meet City sidewalks and questions about how building a new lazger garage will improve their existing drainage problems. Mr. Davis responded to all questions. There were also questions about the engineering report and whether the response of the engineer really supported the construction of the new structure as a means for improving the drainage problem. Discussion followed regarding what the Board would like the engineering report to include. More specifically, the exact dimensions of the structure required for construction and also specific wording that the construction will solve the drainage problem. The Board discussed whether or not a continuation was in order. Case No: WA-97-29 Applicant's Name: Robert Davis Location: 12075 West Z9`h Place Board of Adjustment 01/22/98 Page 5 a. 4 Upon motion by Board Member ABBOTT, seconded by Board Member THIESSEN; the following resolution was stated. Whereas, the applicant was denied permission by an Administrative Officer; and Whereas, Board of Adjustment Application, Case No. WA-97-29 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 in recognition that there WERE NO protests registered against it; and Whereas, the relief applied for MAYBE granted without detriment to the public welfaze 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-97-29, be and hereby is APPROVED. Type of Variance: A Request for approval of a 17'-6" front yard setback variance to the 30' front yard setback requirements for the purpose of constructing an addition to their garage. The property is zoned Residential-One and is located at 12075 West 29`s Place. For the Following Reasons: 1. According to the applicant and the Engineer's report there is considerable water pooling near the existing garage and foundation, resulting in ground slump and settling of the house. Pursuant to the report supplied by the Engineer, approval of the garage extension should provide a suitable solution to the existing drainage problem. 2. The property was platted with an odd rectangular shape, that does not allow for many development opportunities. The property goes from a depth of 70 foot to 127 foot, west to east. And as previously stated, the existing condition of the property does allow for snow and rain run off to drain towazds the house, causing considerable structural problems. 3. Approval of this request will not impair the adequate supply of light and air to adjacent properties. Impervious surfaces are not increased substantially, although no exact percentage was presented. 4. A petition beazing positive signatures was submitted by the applicant, including the signature of the neighbor immediately to the west. With the Following Conditions: A. No drainage situation shall be created by the new structure or adjacent driveway and improvements which would be detrimental to adjacent properties. B. The Engineer's report will be submitted to the City indicating that the driveway length and the relatively small elevation differential between the garage floor and curb will preclude obtaining a positive grade away from the garage, even with the Board of Adjustment Page 6 01/22/98 r complete driveway removal and replacement. The Engineer's report will indicate that the dimensions that the applicant proposed for the garage are necessary to reach the point on the driveway where the adequate slope can be obtained between the garage slab and the curb. C. The Engineer's report will be submitted to staff prior to issuance of a building permit. The motion carried 6-2, with Board Member HOWARD and Board Member WALKER voting NO. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Reconsideration of ('ace No T P-97-R: Chesrown Automotive Group Alan White presented the case and corrected the agenda to note that the reconsideration is of Case No. TUP-97-8 (riot TUP-97-7). He stated for the record: On October 23, 1997, the Board denied a Temporary Use Permit for two reasons: 1) The Boazd concludes that the applicant has: (a) failed to comply with conditions imposed by Resolution granting the original Temporary Use Permit: and (b) has greatly exceeded the parameters of the original Temporary Use Permit by among other things, paving the property, and conducting unpermitted uses on the property without the required City approvals. 2) Therefore, based on the criteria used to evaluate an application for a Temporary Use Permit, Section 26-6 (D.3.b.) of the Wheat Ridge Code of Laws the Boazd believes that denial is in the best interest of the City. Staff informed that since this is a request for reconsideration it is not necessary to entertain testimony. Staff also reviewed the By Laws in order to direct the Board. Discussion followed regarding what the Boazd needed to do in order to make a decision about the reconsideration. Motion was made by Board Member THIESSEN, seconded by Boazd Member WALKER to vote YES to hear additional testimony at this time from the applicants or vote NO if you do not want to hear any testimony and would like to proceed with the vote on the issue of reconsideration. Discussion followed regarding the motion and the process for re-application. Motion carried 6-2, with Board Member HOWARD and Board Member WALKER voting N0. Chair Person MAURO swore in Dick Scheurer of the firm Robinson and Scheurer, at 143 Union Boulevard, Suite 625, Lakewood. Also, appearing before the Boazd was Todd Maul of the Chesrown Automotive Group. Board of Adjustment 07/22/98 Page 7 y ~ ~ • Dick Scheurer reviewed the background of the case and assured the Board that they have been working with the City over the past two months. He listed all of the action items that have been completed to date. Scheurer stated that ownership has changed since the initial use permit was applied for. They are concerned about covering the health, safety and welfaze of the citizens and the employees during the PCD process. This is the reason for their request for reconsideration of the Board. Discussion followed, including questions about the time line of the procedure, and the procedures that are followed with regazd to the paved lot to the south of the dealership. Scheurer responded that the PCD is at least 90 to 120 days out, probably May 1~` or June 1~`. He responded that the applicant is committing to the process, and the applicant is ready to solve the problems. Motion by Board Member HOVLAND, seconded by Board Member ABBOTT to reconsider Case No. TUP-97-8 at the Boazd, of Adjustment meeting in February. This motion requires a vote of 6 to pass. Motion carried 6-2, with Board Member THIESSEN and Board Member HOWARD voting NO. NEW BUSINESS A. Approval of Minutes: December 11, 1997 Motion was made by Boazd Member JUNKER, seconded by Boazd Member HOVLAND to approve the minutes of December 11, 1997. The motion carried 8-0. Board Member HOWARD asked about Billboards that have been approved. Staff responded with explanation and time lines. 8. ADJOURNMENT Motion made by Boazd Member HOVLAND, seconded by Board Member THIESSEN to adjourn at 10:07, all in favor. ~~ ~ \ L .~t.~-P 6._L,,~ Q Off/ _x Barb Fuller, Recording Secretary MAURO, Chairperson Board of 01/22/g8 Page 8 • CERTIFICATION OF RESOLUTION _ . I, Barb Fuller, Secretary to the City of Wheat Ridge Boazd 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 22"d day of January, 1998. , Case No: WF,-97-29 Applicant's Name: Robert Davis Location: 12075 West 29`h Place Upon motion by Board Member ABBOTT, seconded by Boazd Member THIESSEN, the following resolution was stated. Whereas, the applicant was denied permission by an Administrative Officer; and Whereas, Board of Adjustment Application, Case No. WA-97-29 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 in recognition that 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-97-29, be and hereby is APPROVED. Type of Variance: A Request for approval of a 17'-6" front yard setback variance to the 30' front yard setback requirements for the purpose of constructing an addition to their garage. _ The property is zoned Residential-One and is located at 12075 West 29`s Place. For the Following Reasons: 1. According to the applicant and the Engineer's report there is considerable water pooling near the existing garage and foundation, resulting in ground slump and settling of the house. Pursuant to the report supplied by the Engineer, approval of the garage extension should provide a suitable solution to the existing drainage problem. 2. The property was platted with an odd rectangular shape, that does not allow for many development opportunities. The property goes from a depth of 70 foot to 127 foot, west to east. And as previously stated, the existing condition of the property does allow for snow and rain run off to drain towards the house, causing __ _ __ r considerable structural problems. 3. Approval of this request will not impair the adequate supply of light and air to adjacent properties. Impervious surfaces are not increased substantially, although no exact percentage was presented. 4. A petition bearing positive signatures was submitted by the applicant, including the signature of the neighbor immediately to the west. With the Following Conditions: A. No drainage situation shall be created by the new structure or adjacent driveway and improvements which would be detrimental to adjacent properties. B. The Engineer's report will be submitted to the City indicating that the driveway length and the relatively small elevation differential between the garage floor and curb will preclude obtaining a positive grade away from the garage, even with the complete driveway removal and replacement. The Engineer's report will indicate that the dimensions that the applicant proposed for the gazage are necessary to reach the point on the driveway where the adequate slope can be obtained beriveen the garage slab and the curb. C. The Engineer's report will be submitted to staff prior to issuance of a building permit. VOTE: Yes: Abbott, Thiessen, Mauro, Junker, Hovland and Echelmeyer No: Howazd and Walker DISPOSITION: Approved the Variance WA-97-29 to allow a 17'-6" front yard setback variance to the 30' front set back requirement by a vote of 6-2. DATED this 22nd day ofJanuary, 1998. NDA MAURO, Chairperson Bazb Fuller, Secretary Boazd of Adjustment Boazd of Adjustment PUBLIC HEARING SPEAKERS' LIST rASF. NO: WA-97-29 ,DATE: January 22, 1998 REQUEST: Request by Robert Davis for approval of a 17'-6" front yard setback variance tot he 30' requirements to construct a garage addition at 12075 W. 29th Place. Position on Request (Please checkl SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) IN FAVOR OPPOSED /~ D~iGrhsr ~/j .i ~ / 2c~'f s t,J 2}j l'~ Z3 2 ?~zS /~~ve-i,4 ~.~/ 5 / 20 ~ ~ d.l Z5~ ~~ Z 3 ~ 77z~ / d/wp/forms/phroster. frm Board of Adjustment Staff Report Case No. WA-97-29 ~,~~•-97-~-9 Page 1 TO: -BOARD OF ADJUSTMENT DATE OF MEETING: January 22, 1998 -DATE PREPARED: Jan. 15, 1998 CASE NO. & NAME: WA-97-29/Davis CASE MANAGER: Sean McCartney ACTION REQUESTED: A request to al1oW a-17'-6" front:.-,yard setback varianceto--the 30' front yard setback requirement.- LOCATION OF REQUEST: 12075 W. 29`h Place NAME & ADDRESS OF APPLICANT: Robert Davis 12075. W. 29°h Place Wheat Ridge, CO 80033. _. NAME & ADDRESS OF OWNER: Same __ - -- -- - ._ APPROXIMATE AREA: 10,822. square feet° PRESENT ZONING: Residential-One PRESENT LAND USE: Single Family SURROUNDING ZONING: N:, Se,_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 (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other JIIRISISICTION• The property is within the aity'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-97-29 I. HISTORY This case-was originally heard before the Board of Adjustment on October-23, 1997. The case was denied 5-2,-but the applicant believes they have new evidence, per a drainage-study from a - certified-..engineer,-that the-new construction will alleviate the pooling effect this property tends to get during snow.-and rain storms. A copy of the report -and minutes of the original hearing have been attached. II -REQUEST The applicant is requesting approval of a 17'-6" front yard setback variance to the_30' front yard setback requirement, to allow the construction of a garage addition.. If approved the garage will be located-12'-b"_-from-the front property line. Currently, there is a 2 car attached garage,-with an arcing concrete driveway accessing the property from W. 29°h Place. -The applicant is requesting the proposal to allow for a garage addition where they can enclose their boat, motor home and other --- vehicle. The garage will incorporate the_existing concrete. driveway. The house is currently located 22'-3" from the-front property - line. The property_is a misshapen rectangle, with diagonal property lines on the west and-south of the property (see attached :exhibit). According to section 26=10 (F) of the wheat Ridge Code of-Laws, structures built in he Residential-One zone district must retain a minimum 30' front yard setback-from the. front property line. However, if there is an existing non-conforming setback, an addition can be built ih line with this existing setback. 222. 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. Yes. If denied, the structure may continue to be used as a --- single-family residence and yield a reasonable return in use, service and income. Currently, the residence provides a 2-car Board of Adjustment Staff Report Case No. WA-97-29 Page 3 attached garage.. _ - _ 2. Is the plight of the owner due to unique circumstances. Yes. According to the applicant and the engine_er's report,-there is considerable pooling, near the existing garage and foundation,. _ resulting from ground slump and settling from the house. Pursuant.- to the report supplied by the engineer,-approval of the garage extension will provide a suitable solution to. the existing drainage problem. _ 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 structuze, in the neighborhood, to be within 12' of the front property.--line. - __ 4. Flould 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. .She property was platted with an odd, rectangular-shape that does not allow for many development opportunities. The property goes from-a depth of 70' to 127', west to east. And, as-- previously stated, the existing condition of the property. does __ allow .for snow acid-rain runoff to drain__towards the_house causing' considerable structural 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 additional covered. parking for additional vehicles. Currently, there is an attached, 2-car. garage. Board of Adjustment Staff Report Case No. WA-97-29 Page 4 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. . 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 area common addition to single,f,amil,y residences. However; approval of the request will allow for the _ garage to be 12'-6" from ,the south property line. 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 the front property line, 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 ih~urious to . other property or improvements, it should be noted that approval of this request will alter the,essential_charactero_f,the _- __ _. locality-. - . ~~ ~ Board of Adjustment Staff Report Page 5 Case No. WA-97-29 IV STAFF CONCLUSION - Staff concludes that the abov._e criteria, and the_information _ .- provided within the attached engineer's report, support approval. of the request based on the existing drainage, problem. As shown __ _____ in the drainage report, the engineer has concluded that approval of the garage extension should provide a suitable solution to the ___:,. _ existing drainage problem.. V RECOMMENDED MOTIONS OPTION A: "I move that case no._WA-97-29, a request for a 17_'6"_ front yard setback variance to the 30' front-yard setback requirement for property located at 12075 W. 29`" Place, be APPROVED .for the following reasons:, 1. The slumping of the existing grade has created a unique drainage circumstance on the site. 2. Proposed garage extension wi11_provide a suitable solution .. to the existing drainage problem. 3. Proposed location of garage will not impair the sight visibility for pedestrians. or motorists.. _.. _... 4. There have not been any objections registered per this. request" OPTION B: "I move that case no. In?A-97-29, a request for a 17'6"_- front yard setback variance tQ the 30'..front yard setback. requirement for property located at 12075 W. 29t'' Place, be DENIED for the following reasons: 1. There are other development options within in the site for future development." O~FI GI ~L r ;; 100-YE4R PLOOD PLAIN ZONI N6 M~fi~ L --~ I I _ TRIGT BOUNDRY ZONE DS W ~ ~ ~ T ~ I J~ G ~ - PARGEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) I {-~ COLORADO -'•- - CITY LIMIT LINE MAP ADOPTED: June 15, 1994 ~ -WATER FEATURE <~' DE'+hRTh1ENT OF P~AtdJING M9 OEVELOPF~'T -735-7852 L:\DRAWINGS\PLANNING\QS\SE29 ~~ ~~ n cram O b® SCALE I'e400 i Sean McCartney Planner City of Wheat Ridge 7500 West 29~' Avenue Wheat Ridge, CO 80215 Dear Sean, C~ November 14, 1997 Mr. Robert Olen Davis 12075 West 29s` Place Wheat Ridge, CO 80215 We would like to request that the Board of Adjustment reconsiders our plans to cause the water to drain away from the foundation of our home based on new evidence provided by Edward Ford, of Complete Engineering Services. We have attached his report on the drainage evaluation of our home. We understand that we need a motion by the Board to agree to a new heazing, currently scheduled for January 22°d, 1998. Mr. Ford confirmed that the settlement process has caused the water to drain back towards our home on the southwest side, instead of towards the street. Mr. Ford's report also confirms that during each of the recent snowstorms our southern sump pump turned on every thirty minutes. He pointed out that we would have to carry out the addition at least thirty feet from our current garage in order to get beyond the crest and cause the water to drain properly towards the street. He said that our design would not cause the water to drain to our neighbors, but to the street. He strongly recommended fixing the water drainage problem so as not to compromise the concrete foundation of our home. Thank you for helping us through this building process and with the gaining of appropriate approvals necessary to fix our home. We understand that the Boazd of Adjustment was concerned if our plans to fix the water drainage problem with our home would be resolved with our plans to expand our garage. Looking forward to your gaining a positive motion from the boazd on December l la', Respectfully, ~°~_ Robert Olen Davis • WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: October 23, 1997 Motion was seconded by Board Member JUNKER Resolution attached. Page 6 Motion carried 7-0. C. Case 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 1_ocated at .12075 W. 29th Place. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER dis-cussed 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.. - WfiEAT RIDGE BOARD .OF ADJUSTMENT MINIITES OF MEETING: October 23, 1997 Page 7 A neighbor of the applicant, Lynn Schwankle, 12000 W. 29th Place, was sworn in: Mr. Schwankle has no problem with this request and Feels.their trees. almost cover the property entirely anyway. Board Member ABBOTT was curious since the house is brick and. siding, what will the garage be, and Mr. Davis said the. original. brick used for the house is na longer made and explained their plan for design. Mr. Davis said they need the five car garage for.. accommodating the family vehicles and also for his restoring of .vehicles. Lonna Davis explained the house is sinking and they need to - raise the soil and believes the addition will accomplish that: They plan on building up the curve; changing the drainage flow to keep water away. Board Member ECHELMEYER was concerned about the drainage to Mr. Schwankle's property and Ms. Reckert assured him that should not be-a_problem since this is new street _ _ construction and should have a crown that forces it ~o dram into the gutter.- Mr. Schwankle said he is not. concerned with __ the impact at all. No further questions were asked. Motion was made by Board Member THIESSEN, that Case WA-97-29, an application by Robert_and Lonna Davis, be APPROVED for the following reasons: 1. The height of the current garage door and slope of the beam makes it difficult to store vehicles. 2. The proposed garage and roof will help with the serious. drainage problems on this property. 3. Neighbors are in agreement with this request_and have voiced no objections. 4. This addition will add to the neighborhood by getting the vehicles covered and out of sight. Motion_was seconded by Board Member MAURO. .Chairman HOVLAND offered a friendly amendment to include the following condition: 1. The gutters and. mof be placed so that the drainage from the roof-he diverted away from the property to the west and on -- to the street. WIiEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 8 Motion FAILED 5-2, with Board Members HOWARD and ECHELMEYER voting no. Resolution attached.. D. Case No 'T'UP-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. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOULAND accepted. Board Member JUNKER asked if-there, had been any complaints, and Mr. McCartney replied no. Board Member THIESSEN wanted to know if the applicant has applied for the re-zoning, and Mr.-McCartney answered no, :-- because the owner is looking to acquire the land to the west_and that has been holding them up. The proposed storage lot has the Temporary Use Permit at the present time, and the existing storage lot was approved under the Planned Commezcial Development. Chris Porter, attorney for Ketelsen Campers, 4465 Kipling Street, was sworn in. Mr. Porter briefly went over the history saying they were under contract with Mr. Chado to buy that portion. o£ land. when the school foreclosed on it, and then negotiated. and bought it from the school board,., They asked for the previous TUP to allow for time to tie up and complete the development. They have also been in negotiations with FDIC to purchase the rest of the land and hope it be resolved in the near future. Board Member THIESSEN asked.if this property will go all the way to Kipling, and Mr. Porter replied yes, the entrance will actuall-y be on Kipling. Board Member THIESSEN asked_Mr. Porter if he knew how long it would be until they will apply for the rezoning for both properties hecause she is concerned with the requests for indefinite Temporary Use Permits, and Mr. Porter replied it really is hard to say but hoping it will be within the next six months. Mr. Porter said all development should be done together.- Discussion followed regard~.ng the steps of development. No further. questions were asked. r~ COMPLETE ENGINEERING SERVICES, INC. PROJECT NO: 97-4534 ... November 7, 1997 Robert_& Lonna Davis - 12075 West .29th Place.-: Lakewood, CO. 80215 - ` SUBJECT: Drainage Evaluation 12075 west 29tH Place;-Lakewood, Colorado. Mr. & Mrs. Davis: A single family residence at the subject location was-observed on.. .. . October 28, 1997, to evaluate existing drainage p1^oblems around. the garage-and proposed.mitigation,measures:'- Conclusibns ahd recommendations preserited herein are based on observation of _.._ exposed and accessible .components of the structure and property, verbal information provided at the time of inspection and our- experience.--with similar.conditions: References herein: assume the..".---- residence faces east. There.. is an attached.-two car garage'.below.living space:at_the.- __ southwest corner.o~ ahe residence.- Settlement_of.the structure and/or heaving or-settlement_of the driveway slab ,has_caused_the upper portion of the driveway to slope toward the garage resulting in water accumulation in and around-the garage: Correct-ing~surface drainage around .the garage will require. _ complete. removal and replacement of the driveway or other measures. Driveway length and .the relatively small elevation differential between the.. garage floor .and curb may preclude obtaining a positive .grade away from the garage. even with complete driveway removal and replacement.- Construction of a-new three car garage that will extend approximately thirty feet beyond the existing garage-has been proposed. The garage would extend to a.point_on the driveway where adequate slope could be obtained between the garage slab and the curb. Our evaluation of-the site indicates-that this will provide a - suitable-solution to the existing drainage-problem. This approach will have no effect.on the adjoining property and structure to the west if .roof downspouts from the.new garage:are 912 TWELFTH STREET • GOLDEN, COLORADO 80401 • (303) 279.6418 • FAX: 279-6350 - . PROJECT NO. 97-4534.._ . November '7, 1997 Page: 2. _ . properly directed to tha.new driveway slab and the driveway slab is properly sloped to the,.cuxb cut. Please contact us if_yqu_hage.questons-concerning this`,- „__ .. _ information.-. Complete Engineering. Service`s~~~;`~a~~~~~;~~~~ . e ~ e~ s~ of~ Edward D. Ford P.E. ""' 6 • (, a :,~ .. >.s rto~a~aM sc~ataows ~~~~~~ •~ir~~rs r~r~• ~f•~~~ t ~ I ~ I i Q ~ ` ~~ I ~~ ~y ~~~~ / ~ ~ ~~ .~ / '~ .v . ` P I ` ~ '`~ 1 ~, / ~'~ . / t' ,, ~ / / ~. . i y ~ ~ ,~ ~~ ~ / aN ~ l ` ~(~ ` , `' z _~ ~v '~~ `N S ~o~~ •~ .~ ~~ .` r ~, .~^ ~a~~~ __ Auq-04-97 01:i5P LTG FiCdls.rs Gr4on 303 773 4339 P.O3 ~~ov~rr LOCJ~7YON ~ Peu RYMM~NewaenPU"l 12075 Yr£6T 29tH PLFGE. LOT 29, 9LOCK 9, MOUNTAIN 5t1+1DOW5 °„UBDMSION. SECOND FILING. OOUN}Y OF JEFfER50N, STATE OF COLaR ~ . ~~ ~~~~~ _`~ya n CiS x 't/ ~o u a- .,,a .• r r d j<' • ~ ~ .° ~f Qv OtJ~~ Y Z~\ 1 hg~P ~ ~ I 6 I ' 1 C~ ;°' s --t i 1 ~~n . 1 S 1 ~ ~ e,~r 1 ~ i ~ ° ~ tf : A r ~v 1 ~ti.. 2z ,~ •N~ ~\ A~'' rte' ~ do ~ ~ ~l l' V yA r^' .y ~. ~ R-`~ ris0(' ~~ l\ j 'r,.t~ U~ `~ ~~~,F ti O 000 ~ ~~~ \~rl a ~°pA fv L'~~ S•~} ~2a ,ya PvP~ E- ~. ~~~ ~ ° ,~' ~.j~' PPA ~~B scA~E a l.._ ~o t CERTIFICATION, !hereby ratify Ihat tills irnprovemmt locallm eenificale was prcpara! for MASTERS FINANCIAL SERVICES THAT iT LS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, and shat a Is not to Ix riled U7701 [Q the establishmml d farce, building, a othv furlurc Imprwmastl lines t IvAhes oerilfy thi the tmprdenurtts m the abwc desaihod panxl on this da1C DECEMBER 23, 1991, Wility oonrtedicnf, are enlirdy within Iho boundaries d the parai, except az shown, lhal lhcre arc no errcodwnents opal tha destrlbod pranlsts by In>lirwemenis m airy adplnfng premtsq ezapt as indtated, and Thal there is rro APPARENT evidctirc v sign d any olsenaTt crossing Q burdesdng any part d std patml, eeoepl as rtded FL000 CERT[FIG.TION: tt Is fiaclry cMifled lttai the prgxny desollad heroin 1S NOT looted wiUfin • !load hpaed boundary In aWOrdan¢ w1Ur the evRmt HUD Federal Mrtumstratfan flmd Haaard Maps, Map Doled 7~3~61 Yarxi Nq,,,,~f15079 UBDSB Zate C * ~E "'T ~F-y 1 LENZINI AND AsSOC7ATL•S • ~ DATE DECEMBER73 1991 ~~ ~ ~ 2 ~ ~~~ and `-w~Ya'S BORR0IVER DAVlS i4 i@UU W. {Qh Aw.nuC Suttc ZZ2 FEES S7S.lD [ Naxsl RtdgC f~larada EU6i3 jOB NQ: 129116'7 +e ~ e 1 f3U3i aZ4~@~ FAX f3t7f1 f2Z~021d ~~' v~raoesr"aao.wc `""a11°'" y ~~'~.' ~ ' ~ ` r PAUL A LEN21N1 PLS 11636 - 19:! s~n~ UPY ~ ~. •e'rororw"r MOW ti: _... ~~Prit.>Ji ~nlira~J' L~jyryt Gn2l..)cR ,J L,l/~Jq n/l c ~jtRr$ CJflf /E.~( 12r3p w aryxl'~ar f /YE.~r ~n~~2 py ci%~r lf'Tf////Y~°~. /2//j W 2_~" l+ ~C,r Nm ~~/ ~/~•t ry . l2 rl i(! ~sktHrY /~~ J~f/w9ow~ ~T.rl ~I~7~ ~~ 3t7Z ~~ j og2'1, ... y •-, Rec„nlcd at "Reception Nn. ocl~M., • ____ _ _, Recorder _ __ _ _ DEED OF TRUST T[I151NDENTURE, MaJc this 17TH Jay of MAY , I9 96 ,between ROBERT O. DAMS LONNA DAMS whoa address is 12075 W. 29TH PLACE -WHEATRIDGE, CO 80215 hereinafter mfermd to as gmnlor, and dte Public Tmslce of the SAID *Counry of JEFFERSON ,Stale of Colorado, hereinaher rcferrW m as Public Trustee, WITNGSSETTI, THAT, WHEREAS, ROBERT O. DAMS LONNA DAMS bas exccuteJ a promissory note or notes, hcrcina(mr rcfcrrerl m in the singular, dated MAY 17, 1996 ,far [hc principal sum of SEVENTY THOUSAND AND 00/100 DOLLARS _ Dollars, payable to the oNer of SELLCO FIRST FEDERAL CREDIT UNION whose address is P.O. BOX 6611 ENGLEWOOD, CO 8 0155-6 611 a0cr LLre dale hereof, with interese N<reon from dre date dmrcof at the rare of 9.250 peroent per annum, payable **IN 83 MONTHLY INSTALLMENTS OF ONE THOUSAND ONE HUNDRED THIRTY THREE AND 28/100 DOLLARS**($ AND 1 INSTALLMENT OF ** EIGHT HUNDRED TEN AND 41/100 DOLLARS **($810.41)**COMMENCING ON MAY 31, 1996 AND CONTINUING THEREAFTER DNTIL PAID IN FULL. AND WI[EREAS, the gmnmr is desirous of securing payment of dse principal and interest of said Promissory nom in whoa hands soever We said nose may be. NOW T[[EREFORE, We gmnmr, in consideration of dre Premises aM far doe purpose aforesaid, does hereby grans, bargain, uIl and convey unto dse said Public Tmsme in tins[ forever, dre fo0owing described pmpeny, situate in the SAID County of JEFFERSON ,State cf Calomdc, to wie LOT 27, BLOCK 3, MODNTAIN SHADOWS SUBDIVISION SECOND FILING, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as 12075 W. 29TH PLACE WHEATRIDGE, CO 80215 TO tlAVir. AND TO HOLD We sxme, together with all and singular the privileges and aFPlmenxnces dscrennlo belonging: In tlmt in case of default in the payment of said note or any pan thereof, or in the payment of [he interest [M1crcon accoding to the renm nine, m in the payment of any prior encumbrances, prinetpnl ar inmres[, iF any, or m eau detaull shall he made in or in case of vin: any of the terms, condili0ns, covcrunes m agreements herein contained, We bcnefmury hereunder or dm Iegxl holler of IM1c indeblNn mxy declare a violation of any of the covenants herein contained amt may elect to advertise said pmpcrty fm sale, arW demanJ su notice of election anJ demxnd for sale widr the Public Tmsme. UPnn recmpl a( such notice of clecnon aM demand for sale, the P cauu n copy of the same to be rcroNed in the recorder's office of dse county in which sxid properly is situmnl. The Public Trus public nonce of the time and place of sale by advertisement to be publishe for four weeks (once ucM1 week far fivC su«essiv newspaper of Scnerxl circulation at the time put!lixhctl in the rounry or counties in whicM1 said Prapeny is located. A copy of such not .. n.„ v A,,,< nr,r. rM1r Harr. nr nm fret nnbLCaunn dlercaf m dre ¢mnlnr At dlc address CiVCn hCICIR [O such [Rf5011S arlpCarlrlf I (Cn ma55C nr In SCpar.11 auction a[ any Place as a As I! r the a Cnnllnl >urehase, made, tl ary fomr Jeed, the Pmp{ueny PurchauU as a4rreuw into an nm ngnr, one, tmcresr, ncnem ~ almry o, rc~ rgnrau .,, ,,, y~e,,.~. ,,, -,~,,,...,~ ,. .....r,.. shall, out of IIIC procecJS rrt avails of such sale, after first paying awl retaining all fees, charges and cavLS of making said sale, Pay ro the beneficiary hereunder or We Icgal Iwbler of said note, the prinmpal nnJ interest due on said note accoNing m tM1e mint oral effect drereof, and all moneys advanccA by such beneficiary or Icgal holder of c1iA nom for insurnnec, taxes and assessments, with inlcmxt Wercon at B .250 per cent per ~Innuns, rendering the ovcrplns, if any, mdn I vr5c Persons emitted Ihcrcm as a ma¢er of law. Said salt and sail dccJ so male shall be x pcrPemal bar, both in law anJ a mty, against dm grantor and nII aNCr pecmns cUiming dre saW ProPeny, nr any Part thereof, by, from, through nr andcr dre gmnmr. The M1u1Jer of said nine may purchase Said prnperry ar any part dmrcof; and i[ sha0 not a obligxtory upon the pumhaser at any such sale to see to du application of the purchau money. *If in Dcnvcq insert "City and". n( ~~~328007 195081 ELEOTPONIC tASEn FOnMS, INC. -1800133)-0565 The City of ~]Vhe at ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 - Applicant l~i~"7G~ ~ ~~J Address 207,5 j,/ 2g l•'G>r{z~ Phone Z3 Z7TzS Owner 7WlJ~~/c.r ®. ~~l-i// ~ Address /Lo~,S• c.T 29 Oc.~~ Phone Z3 2 772- Location of request 12fl7~ ~~~ 2~ fA~ c~rfz liJ ~i4t~-E ~'~"c•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 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other ~l6£ Y'D 7~f£ { :~~.ct f~ zo T-e5`.r~.g C~ Detailed Description of request ~+Zjq~(cli d1' 7}/~c pjd~iy~£~~ 71{~ J;~Frt~J~ ~ ~.~ 29" `liiAZ,k Tt 7?~ B'~1'r Arl! ~•'~.~Y~"2 a'1FAn' ~XT~n?6v GRrr~v-~ Gay~~~-s~vJ- iri%~,L77{~ .~t~. p~ orr~ I}~m.£ ifr a~,1c ro Cozcar~cr ~!£ ~/~~- 9~,r+R~ ~'G.s../fXa.~ ax.~ 6vea~-~.rtix. ~o ~ List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. N/A/M~E/ ADDRESS PHONE ~'~(Y~i'TiGJ~ O 9~h9 ~ w Lo~y/y,¢ ~R~1 ~ `ZJ7.S' ~_ ~-Z~/ ~c~~ 30'Z 232 7`12J~ ~i'o!k/~sr3" ma~Gr+v~ ~a.g~xfi~8 ~n~.oi^~sr-~e rn9_ z/9o~=y~y~ Syy/z3So ~i~u-cam Csr.~vsr ~iar•r ~'.A. ~ tom, o ~ir~r~ ~ was 8~- 7ao~ 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 m st submit power-of-attorney from the owner which approved of this ac s e alf Signa.~`ure' eif~~;Applicant ,` ~ub'scF`ib~d Viand sworn to me this day of~ 19 9~_ •,•'r'~ , ,;;••4~. Notary Public S E.`4~, `; r' C. ~' ' My commission expires ~t~~-~~/ ~r u Date Receivea ~/,~y /y~ xeceipt No. case ivo. pv~- -~i-~ ~ __ • • y 7500 West 29th Avenue The City Wheat Ridge, Colorado 80033 w Telephone 303/ 237-6944 FAX 303/234-5924 January 30, 1998 Mr. Robert Davis 12075 West 29th Place Wheat Ridge, CO 80033 Dear Mr. Davis: ~Y ~` Please be advised that at its meeting of January 22, 1998, the Board of Adjustment approved your request fora 1 T-6" front yard setback variance for the purpose of constructing an addition to-your garage at the property located at 12075 W. 29th Place in the City of Wheat Ridge. Attached is a copy of the Resolution of Approval depicting the'conditions of your approval. This resolution will become effective within thirty (30) days of the Board of Adjustment's decision. All appeals musi be forwarded in writing to the Jefferson County district court. Should you have any questions, please feel free to contact me ai 235-2846. Sincerely, PLANNING AND DEVELOPMENT Barbara Delgadiliq Planning and Development Secretary Attaclunents: Certification of Resolution /bd ..~ cc: WA-97-29 --~-_-._._ ~----~-- - ---- -- POSTMARK OR R0.TE POSTAGE ~ - W ICiEG RETURN SHOW TO WHOM, DATE AND ADDRESS OF DEWERY ~ DELIVERY / ' a p RECEIPT CERTIFIED FEE i-RETURN RECEIPT f SERVICE - 3 TOTAL POSTAGE AND FEES 0- ' --' - W ~ I _. O ~ IN OV Q L!t + SCNT TO. NOT FOR INTERNATIONAL MAIL - ~ aZ~ - __ _._ - -, .. _ pp m r~~ ra t SJSIVIt3 l7 ~ r ,. ~ ~ ~ ~g~ J.mV iJ i'WA:«°~i. Ly 4Ff ~~ 43 ,... - Up~ ~ i~'t~~ I~id~s ~ 80 ., y = ~ ~ _ U~~ W d Q ~o.H 4a ,.. . - __,.. ;. ~; - - _ - I also wish to receive the ~ ~ telPEms t andror z ror addieicnat services. following services (for an extra fee): o eornarne aM address on the reverse of this form so that we can return this card ~ ^ Addressee's Address ° i ~ , MI^. form to the front of the mailpiece, or on the back it space does not permit. 2. ^ RBStrlcted DEhvery _ _ _ _ _ ' -' 'Sim Receipt will show to whom the article was tleliveretl and the date delivered. COnSUIt pOStmaSter fof fee. I I Addressed to: -- - - ~ 4a. Article Number _ P 966 013 594 ~ ' '--- -~-i~'=- - - -- - 4b. Service Type ~~ ~~e px ' 33 ~y~s`4'itid~, ~ 80 ~ CERTIFIED 7. Date of v y / ceived 8y: (Print 8. Addressee's Adtlrdss (ONLY if requested and fee paid.) >' R 1, January teas Domestic Return Receipt ... .. „ ,. .~