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ADMINISTRATIVE PROCESS APPLICATION
Wheat
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ~„ 6.~sri~in?e-"G Address j3rrS.~! "'~5"`t~~~z~Phone ~2O-'~395
Otaner ~., ~an~6iroc~~. Address !38"1 i"S~~~u.,~ Phone ~f'2~'S yl,~~5
Location - of-_r_equest ,~~~ L..~~. ~~
Type of action requested~~heck one or more of the actions listed below
which pertain to your request.)
Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
e Preliminary
Final
** See attached procedural guide
for specific requirements.
Detailed Description of request
Y1r~,a r~~rn ra~-r n..rn n iCl ....n
Variance/Waiver
Nonconforming use change
Flood plain special exception
Interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/-
mineral extraction permit
^ Other
List. all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME
ADDRESS
u~
PHONE
r") . ~?,
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application; i
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf.
Signature of Applicant/~ -~,T/J ~~
Subscribed and sworn to me this (~~da of U 19
~~ ~v~~
SEAL
My commission expires C) 7~0 ~9F
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NOTICE OF PIIBLIC HEARING
Notice is hereby given of a public hearing to be held .before the
-1997, at 7:30
Wheat Ridge Board of Adjustment on December 11,
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 C~~P No CIA-9~: An aPPlication by Ben Bandimere for-,
approval of a 953 square foot Iot area barance to-the 9,000
square 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.
2. ^^^^ No WA-97-32: An application by Bob Weiss for a 15'
side yard setback variance to the 30' side yard setback
requirement to allow a room addition. Said property is
zoned Residential-One and located at 31 Hillside Drive.
3 ••-.^., rTO mUP-97-10:_An application by Jerry Roach for
approval of a Temporary Use Permit to allow the parking of a
tree_limb chipper and a dump truck. Said property is zoned-
Commercial-One and located at 6545 W. 44th Avenue.
4. ^,^P No 'T'UP~-~11~ ~ aPPlication by Janet Gunn for
approval of a Temporary Use Permit to allow a arterseelSaid
trailer as a permanent structure and living qu
property-is zoned Residential-One and located at 12310 W.
42nd Avenue.
Mary Lou Chapla, Secretary
ATTEST:
_ -- , - _ :: --~ , ~ s
Wanda Sang, City Clerk
~;.
To_be published: November 21, 1997
Wheat Ridge Transcript
TELEPHONE: 303/237-6944 The Cify of
P.O. BOX 638
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat
Ridge
November 26, 1997
This is to inform you that Case No. wA-97-31 which is a request
for-approval of a 953 square foot lot area variance to the 9,000 required, and a
15' lot width variance to the 75' required for a duplex -
for property located at 4470 Lee Street
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 December 11, 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"
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BENJAMIN C. BANDIMERE
13831 W 54TH AVE
ARVADA CO 80002-1615
MARTHA STRAIT
2595 ELDRIDGE ST -
GOLDEN CO 80401-2020
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JOHN S. ARDOLINO
4471 KIPLING ST
WHEAT RIDGE CO 80033-2810
R. JOSEPH PERSICHITTE
3525-URBAN CT
WHEAT RIDGE CO 80033-5263
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT - -
TO: Board of Adjustment
DATE OF MEETING: December 11, 1997 DATE PREPARED: December 2, 1997
CASE NO. & NAME: WA-97-31\ Bandimere CASE MANAGER:_-Sean McCartney -
ACTION REQUESTED: Request for approval of a 953 square foot lot area variance
to the. 9, 000 square foot lot area requirement and a 15' lot width variance to
the 75' lot width requirement.
LOCATION OF REQUEST: ~-- 4470 Lee-.Street _.
NAME & ADDRESS OF APPLICANT(S) Benjamin Bandimere --
13831 West 54~' Avenue
Arvada, CO 80002
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: 8,047 square feet - -
PRESENT ZONING: Residential .Two-A .. _ __ - -
PRESENT LAND USE: Vacant
SURROUNDING ZONING: Nand E: Agricultural-One and Commercial-one,
W:Planned Residential Development,
S: Agricultural_One
SURROUNDING LAND USE: N:Single-Family Residential, E: and S: Church,
W:_ Multi_Family Residential
------------------'--
DATE PUBLISHED: November 21, 1997
DATE POSTED: November 26, 1997
DATED LEGAL NOTICES SENT: November 26, 1997
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: -- ( -) - (XX) NONE
ENTER INTO RECORD: -- -. - -- -
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS ( _ )-OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and
posting requirements have been met, therefore, there is jurisdiction to hear
this case.
.
Board of Adjustment Staff Report Page 2
Case No. WA-97-31 \ Bandimere
I. REQUEST
The applicant is requesting approval of a 953_ square foot 'lot. area -_
variance. to the 9,000 square foot lot area requirement and a 15' lot
width variance to the, 75' lot width requirement to -allow the
construction of_ a duplex in a Residential-Two A zone district.
Currently the parcel is vacant and shown on the survey as Lot 1. __
The applicant originally requested approval of_ this variance before
Planning Commission on January 18, 1996. At the time,-the applicant was
also= requesting approval of a rezoning from Agricultural-one to
Residential-Two A and a two-lot minor subdivision:. Planning Commission- --
reviewed the request for the variance and discussed the future problems
that approval of the request may bring to the area.. Planning Commission
denied the variance request based upon insufficient evidence in support
to the variance criteria. The rezoning and subdivision were eventually
approved by City Council. A copy of the Planning Commission .minutes is
attached.
The applicant is requesting the same variances as requested before the
Planning- Commission. Since approval of the rezoning and minor
subdivision, the applicant has. developed a duplex on the property shown
as- Lot 2. Staff has yet to_see any development proposals for the
proposed duplex on Lot 1, but it should be_stated that the applicant
will need to comply -with the existing development regulations
established in the Residential-Two A zone district (i.e. - 30' front
yard setb-ack, 5' side yard setback and a 10' rear. yard setback for the
main structure), whether a single-family dwelling or duplex is built on
the lot.. _
To date,-staff has not received any opposition regarding this case.-
II. CRITERIA
Staff has-the following comments regarding the criteria to evaluate an
application for a variance:...
1. Can the property in question yield a reasonable return in use,
service, or income i£ permitted to -be used only under the
conditions allowed by regulation for. the District in which it is
located?
Yes. According to Section 26-45 (F), of the Wheat_Ridge Code of Laws,
a one-.family dwelling in the Residential-Two A zone district can be
located on a 7,500 square foot property with a 60' lot .width.
Therefore, if the request is denied, the property may yield a reasonable. ___
return in use, service and income.
Board of Adjustment Staf£ Report, Page 3
Case No. WA-97-31 \ Bandimere
2. Is the plight of the owner due to unique circumstances?
No. The property was subdivided .with the .intention that it was to-
remain a single-family parcel. The applicant knew, during the
subdivision process,-that the property was substandard in tot width and
lot area_for the development of a duplex. Also, there are other vacant
properties throughout the -city which contain substandard dimensions
within their parameters:
3. If=the variation were -granted, would it alter the essential
character of the locality; and
No. The property is located in an area that is surrounded,by several
apartments structures and adjacent to an existing church. Also, the
applicant will be required to .comply with the existing setbacks
established for the specific zone district. Therefore, approval of this
request should not alter the essential character of the locality.
4. Would the particular physical surrounding, shape, or topographical
condition of the specific property involved-.result in a particular
hardship (upon the owner) as distinguished from a mere
inconvenience if-the strict letter. of the regulations, were carried
out; and,
No. The property currently exists as a primarily rectangular lot.
Although the southern property line meanders to the,east at a slight
angle, there is an adequate. building envelope established that would
permit proper development of a sizable residential structure.
5. Would the conditions upon which the petition for a variation is
based be applicable, generally, to other property within the same
zoning classification; and,
Yes. There are several properties throughout the city of Wheat Ridge
which exist as substandard lots of record, which would be permitted to
apply for the same type of variance.
6. Is the purpose of the variation based exclusively upon the desi-re.
to make money out of the property; and,
Yes. The applicant would be permitted, by right, to develop a single-
family residence. ~3owever, development of a duplex would probably
create more of a market value for the property.
Board of Adjustment Staff Report
Case No. WA-97-31 \ Bandimere
Page 4
7. Has the alleged difficulty or hardship been created by any person
presently having an interest in the property; and,
Yes. The hardship has been created by the applicant who has sole.-:- _
interest in the property.
8. Would the granting of the variations be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located; and,
No. Granting of this variance will not be detrimental to the public
welfare or__injurious to other property or improvements in the
neighborhood as approval of this variation will only permit a change in
density. Pny development on the site will be required to comply with
the setbacks ..established in the Residential-Two A develdpment
regulations.
9. Would the proposed-variation impair- the adequate supply of light
and air- to adjacent property or substantially increase the
congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair
property values within the neighborhood, and
No. As previously stated, any development on this side would be-
required to comply with the setbacks established in the specific zone
district-- Also, approval of this request will not substantially
increase the congestion in the streets as approval of .the request will _ _
only allow for the development of a duplex.
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?
No. Approval of this request is neither a benefit for.the community nor
for the reasonable accommodation of a handicapped person. This request
is based solely upon individual benefit.
Board of Adjustment Sta££ Report _ - - Page 5
Case No. WA-97-31 \ Bandimere
III STAFF'S CONCLUSION
Staf-f concludes that the above criteria does not support the request to
allow for development of a duplex. - Although staff. concludes that
approval of the request will not alter the essential character of the
locality, or increase congestion in the streets, the property is large
enough and wide enough to allow for the development of a single-family
structure, permitted by right.
IV RECOM[~NDED MOTIONS
OPTION A: "I move that Case No. WA-97-31, a request for a 953 _square
foot lot area and 15` lot width variance, for property located at 4470
Lee Street, be-APPROVED for the following reasons:
1. - -
2.
3."
OPTION B: "I move that Case No. WA-9'7-31, a request for a 953 square
foot lot area and 15' lot width variance, fos property located at 447.0_
Lee Street, be DENIED for_the following reasons: -
1. The evaluation criteria does not support approval of this request..
2. The applicant may build a single-family residence without need of-
a variance. -
3. Planning Commission originally denied the request.
4. Staff does not support approval of the request.
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Planning Commission Minutes - Page 2 --
January 18, 1996 _-
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
Commissioner ECKHARDT-moved to approve the agenda for the meeting
of January 18, 1996 as piinted: Commissioner WILLIAMS seconded
the motion. Motion carried 5-0.
5. APPROVAL OF MINIITES
The-minutes. for=the meeting of January 11, 1996 will be available__ __ ,_
at the February 1, 1996 meeting.
6. PIIBLIC FORIIM (This is-the time for anyone to_speak on any
subject not appearing under. Item 7 of the Public .Hearing
section of the agenda.)
No one had signed the roster, nor came forward at that time to
speak.
7. PIIBLIC HEARING
1. Case No. WZ-96-1; An. application by Benjamin Bandime_re
for approval of a rezoning from A-1 to R-2A for
property located at 4470 Lee Street. -- -
2. Case No. MS-96-1: An application by Benjamin Bandimere
for approval of a two-lot minor subdivision with
variances for property located at 4470 Lee-_Street. -
Mr. Gidley presented the staff report, which included both Case
No. wZ-96-1 and MS-96-1. Entered into the record and accepted by
the .Chairperson were the Comprehensive-Plan, Zoning Ordinance,
Subdivision Regulations, case-file, packet. materials and
exhibits. _ -- __
Commissioner RASPLICKA asked if the parcel was large enough to
accommodate a triplex.
Mr. Gidley stated that if the parcel was not subdivided, .12,500
square feet would be needed and the parcel is large enough. ___
Commissioner RASPLICKA asked if-it was necessary that the utility
easement be located through the center of the parcel.
Mr. Gidley stated that the_Subdivision Regulations require that
there are five-foot side-and rear iot easements. If the parcel.
was not subdivided, the. easement through the middle df the.
property would not be necessary.
Planning Commission Minutes - Page 3
January 18; 1996
Mr. Gidley reminded Commission that three separate motions were
required. The motion regarding the variance requires a greater-
than-majority vote, or four out of five members.
Chairperson LANGDON-asked if the variahce should be voted on
first. What happens if the variance is denied?
Mr. Gidley explained that
approval of the variance.
to put a duplex on Lot 2,
to 9,000 square feet a si
1. If the parcel was not
triplex on-the property.
the rezoning to R-2A could pass without
The applicant would still be allowed
and .upon increasing the square footage
Zgle-family home could be placed on Lot
subdivided, the owner could put a
Ben Bandim re, 13831 West-54th Avenue, Arvada, was sworn in. Mr.
Bandimere stated he originally had planned to build two houses on
the property, however, the appraisal done did not support his
plan. He had also considered a four-plex, but decided two
duplexes would work better.
Commissioner CERVENY asked if. the property was large enough to
support a four-plex. _ --
Mr. Gidley stated that a minimum of 4;000 square feet of land
area is required for each dwelling-unit iri multi-family
buildings. The applicant has more. than the 16,000-square feet
required. -
Commissioner CERVENY asked-if a four-plea would-have advantages
over two duplexes, other-than one meeting Subdivision
Requirements and the other-does not?
Mr. Gidley stated that he felt that the four-plex structure would
have-a better relationship on the whole parcel, than two duplexes
on two smaller lots. He explained that this was true because you
have individual side lot requirements and also individual private__
property associated with the smaller lots.
Commissioner:CERVENY mentioned. possible pros and cons of owner-
occupied versus renter-occupied units.
Mr. Gidley reminded Commissioner CERVENY that :the same argument
could be made for any R-2A zone district having a substandard lot
situation. He reiterated that the variance criteria asked "How
is this parcel different from any other R-2 zone district in the --
City?" He elaborated.
Commissioner CERVENY asked if approving the variance might set a'
precedent for further actions?
Planning Commission Minutes Page 4
January 18, 1996- -
Mr. Gidley stated that when a subdivision is under deliberation,- ____
unless unusual/unique circumstainces exist, staff .will recommend
compliance with recommendations. In this case, no-unique/unusual
circumstances were .found.
Commissioner CERVENY-asked if the fact that a duplex would be
allowed on the whole parcel, but that two duplexes would not be .
allowed on the subdivided lot, would be considered unique or
unusual circumstances. He thought that the two duplexes:might__
actually enhance the neighborhood. He elaborated.
Ms. Reckert answered.that there was quite a bit of vacant land-
left, especially in that area.
Mr. Gidley noted that because of numerous small,- in-fill loss
within-.the City, this type of request will not be unusual. He -
reminded Commission:that most variance requests are for ,
individual to-ts and are referred to_the Board of Adjustment. He
elaborated. -
Commissioner CERVENY asked what Board of Adjustment would do, for--
example, if the parcel was already subdivided and requested such
a variance.
Mr. Gidley answered that they had denied and approved some such
cases-:-He added that he did not know nor could he predict-what _
the Board would do in the incidence_Commissioner CERVENY
mentioned.:
Mr. Reckert informed-Commission that should the Subdivision be
approved, denial of the variance re-quest would not preclude an
applicant from applying for variance again in-the future.
Commissioner ECKHARDT suggested the possibility of staggering the
unit fronts, attaching them only a corners. He explained.
Mr. Gidley noted to Commission that the greatest possibility for.
ownership would exist if_the variance request-was denied.
Commissioner ECKHARDT stated he-was not concerned about
ownership.
Mr. Bandimere stated he had concerns about a four-plex being °- --
maintained. He noted: that should-duplexes be allowed, an owner-
could live- in half, renting the other half and make sure that. the _
units. were maintained.
Commissioner ECKHARDT_.suggested condominium ownership could be. _ ,-
done.
Planning Commission Minutes Page 5
January 18, 1996 -
Mr. Bandimere noted,,that it was costly to set up condominium.
ownership.
Commissioner RASPLICKA asked if a four-plex was constructed,- -
would the units have to be attached?_
Mr. Gidley answered yes.
Chairperson LANGDON_asked that Mr. Gidley further explain Mr. ___ -_-
Bandimere's options should the variance not be granted. _
Mr. Gidley answered that if the subdivision was approved but the -
variance denied, Mr. Bandimere or another applicant/owner would
have the option of doing a -consolidation plat and after one year __
has passed any owner-can reapply for-variance request.
Chairperson LANGDON asked if that was only if the lots were still..
unimproved. _-
Mr. Gidley stated yes, that was correct.
Commissioner ECKHARDT moved that the request for rezoning from C-
1 and A-1 to R-2A for property located at 4470 Lee Street be..... ..
Approved for the following reasons;., _-
1. The request is compatible with the surrounding use;
2. It is consistent with the_Comprehensive Plan; and
3. The evaluation criteria presented support the request.
Commissioner RASPLICKA seconded-the motion.- Motion carried S-0. - "
Commissioner ECKHARDT moved that the request for lot area-and lot
width variances associated with a proposed minor subdivision be
Denied for the following ..reason:
1. The variance evaluation criteria do not support approval.
Commissioner RASPLICKA seconded the motion. Motion carried 4-1,
with Commissioner CERVENY voting no.
Commissioner ECKHARDT moved-that the request for approval of a
two-lot minor subdivision for property located at 4470 Lee Street
be approved for the following reason:,
1. All requirements of the Subdivision Regulations have been.
met.
With the following condition: _
1. The plat be redesigned to allow for one R-2A single-family _ __
lot and one R-2A duplex lot..
',
Planning Commission Minutes
January 18,-1996
Commissioner CERVENY seconded the motion.
Page 6
Commissioner CERVENY suggested that since the request for
variance-had been denied, perhaps the applicant would not care to
subdivide the lot.
Mr- Bandimere considered-his options.
Commissioner ECKHARDT asked if there was a possibility of
purchasing additional land.
Mr. Bandimere answerQd that he had tried to purchase additional
land,-but had no,success. He explained.
Commissioner CERVENY stated that Commission was awaiting Mr.
Bandimere's decision whether he wished to proceed with his
subdivision request. -
Discussion followed
Commissioner ECKHARDT thought that if the subdivision was
approved, but not recorded, it would make no difference.
Mr. Gidley reminded those present that the case-would go next to
City Council,-who will make a decision on the zoning request.
The applicant can appeal Planning Commission's decision on the
subdivision-and variance to City Council.
Discussion followed regarding various options for the applicant
and procedures for same.` - -
Mr. Gidley went through the pros and cons for the various options
the applicant has, explaining them to the applicant.,
Mr. Bandimere decided to _leave.his request as is.
Commissioner ECKHARDT's motion regarding the subdivision request
carried,-5-0.
3. Case No. WZ-96-2:,_An application by Terry Kunz for
HJH, L.L.C., for approval of a final development plan
and plat for PCD zoned property within the Town Center
Master Plan area. Said property is located at 4010
Wadsworth Boulevard.
Meredith Reckert presented-:the staff report.- Entered and -.-
accepted into the record by the Chairperson were the
Comprehensive-Plan, Zoning Ordinance, Subdivision Regulations,
case file, packet materials and slides. - --
The City of
~Wh eat ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant ~„ ~~m~,„r Address /,3 $s~~ / `'SY' ~~~y ". Phone ~f 2O"'[3 25
Owner „~.,, ~~,,,,(i„i~„~ Addres's_ r38'~1 ~"~Yr~•v., Phone yZp `l,7~S
Location of request - f}L/~® ~. ~.~. ~r
Type of action requested~~heck one or more of the actions listed below
which pertain to your request.)
^ Change of zone or zone conditions
Site development plan approval
Special use permit
Conditional use permit
Temporary use/building permit
Minor subdivision
Subdivision
8 Preliminary
Final
^ ** See attached procedural guide
for specific requirements.
Detailed Description of request
YJr~~u ncmra~r n..c~ n ~cl ..,.n
w
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME
ADDRESS
Variance/Waiver .
Nonconforming use change
Flood plain special exception
interpretation of code
Zone line modification
Public Improvement Exception
Street vacation
Miscellaneous plat
Solid waste landfill/
mineral extraction permit
^ Other
PfiONE
I certify 'that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and that in filing this application, I
am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his behalf.
Signature of Applicant
,„ .,,,
,y
Subscribed
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•.SEAL ,~•~
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Date Received
My commission expires
Rorroint Nn i+...... f.r..
and sworn to ~e this [~ d~f y~ ~7~1, 19
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PUBLIC HEARING SPEAKERS' LIST
CASE' NO: WA-97-31 DATE: December 11, 1997
REQUEST: An application by Ben Bandimere for approval of a 953 square foot lot
area variance to the 9,000 square foot lot area requirement, and a 15' lot width, _
variance to th~_75' lot width requirement for a duplex. Said property is zoned
Residential-~ao A and located at 4470 Lee Street.
SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) Position o
Please
IN FAVOR Request
heck
OPPOSED
.~ ~ mil. ~sr'~, t,,.~=.
f/,/. /~./ ~ ~ f/ ~ ,
/~ ~. .,
~,
• De~,ber 18 1997
To Whom it may Concern .
I Lucille Knowlton has agreed to the proptery
line that was survaed by owner of proprety joining
proptery of Ben Bandimer.
1
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• ~
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.
1. 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 _ _ A. - ~~ ~- =97-"3°I~(CONTINUED FROM 12/11/97) An application by Ben
Bandimere for approval of a 953 squaze foot lot azea variance to the 9,000 square
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. S'ase No. WA-98-1: An application by Leonard and Glenna Keams for approval
of a Fve foot side yard setback variance to the 15' side yazd setback requirement
for the purpose ofconstructing atwo-caz gazage. The property is zoned
Residential-One and located at 2971 Teller Street.
Approved w/ C. Case No. WA-97-29: An application by Robert Davis for approval of a 1 T-6"
conditions froht 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 of Case No..TUP-97-7, Chesrown Automotive Group
reconsider @ __
Feb. Meet~ng NEW BUSINESS
Approved A. Approval of Minutes: December I1, 1997
8. ~ ADJOURNMENT to February 26, 1998
i
__
WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
January 22, 1998
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson
MAURO at 7:35 p.m. on January 22, 1998, in the Council Chambers of the Municipal
Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado.
ROLL CALL: Members Present: Tom Abbott
Bill Echelmeyer
Paul Hovland
Bob Howazd
Susan Junker
Karen Thiessen
Linda Mauro
Robert Walker
Members Absent: None
Staff Present: Alan White, Director, Planning & Dev.
Sean McCartney, Planner
Barb Fuller, Recording Secretary
PUBLIC HEARING
The following is the official set of Board of Adjustment minutes for the Public Hearing of
January 22, 1998. A set of these minutes is retained both in the office of the City Clerk and in
the Department of Planning and Development of the City of Wheat Ridge.
2. APPROVE THE ORDER OF THE AGENDA:
Motion was made by Board Member JUNKER, seconded by Board Member ECHELMEYER to
approve the order of the agenda. Motion carried 8-0.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing on the agenda.)
There was no one signed up to speak.
4. PUBLIC HEARING
A. Case 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 square foot lot area requirement and a 15' lot width variance to the 75' lot
Board of Adjustment
01 /22/98
Page 1
~ ~
width requirement for a duplex. Said property is zoned Residential Two-A and
located at 4470 Lee Street.
Sean McCartney presented the staff report including an overview of the case and why it
was continued. The packet included a letter from the adjacent property owner that spoke
on December 11, 1997. Since that time, the property lines were surveyed and both parties
agreed to the lot lines as previously presented. All information was entered into the
record. -
Boazd Member ABBOTT questioned the square feet and possible inconsistency in the
requirements.
Sean McCartney tried to explain the inconsistency in a Planning Commission report
referred to by Board Member ABBOTT and assured him that the lot requirement for a
duplex in R-2A zoning is 9,000 square feet.
Chair Person MAURO swore in Ben Bandimere of 13831 West 54`h Avenue, Arvada.
Bandimere presented an overview of his application including new evidence that showed
the lot would be wide enough now that the property line dispute was settled. He assured
the Board that there would be plenty of parking, each unit would include a 2-car gazage.
Bandimere also assured the Boazd that the duplex would not be just a rental, his plan was
to sell both units to young families. He also used the overhead and slides to demonstrate
that his structure does fit with the neighborhood.
Boazd Member THIESSEN asked about Mr. Bandimere's plans if the variance was
denied and the exact square footage of each unit.
Bandimere responded that he is unsure, he feels stuck because the bank would not finance
a single-family home due to the appraisal value in the neighborhood and the amount he
would need to build. Each unit would be 1,000 squaze feet with a 2-car garage.
Board Member ECHELMEYER questioned the set backs, the width of the building and
direction it would face.
Bandimere responded that the unit would face west as does the first similaz unit, the
building is 40 feet wide, and the set backs have been pre-approved by the Planning
Department pending the outcome of the variance decision.
Case No: WA-97-31
Applicant's Name: Ben Bandimere
Location: 4470 Lee Street.
Upon motion by Board Member ABBOTT, seconded by Board Member HOVLAND, the
following resolution was stated.
Board of Adjustment
01/22/98 Page 2 -
_ _ _ _
_ _ -
!'
Whereas, the applicant was denied permission by an Administrative Officer; and
Whereas, Board of Adjustment Application, Case No. WA-97-31 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 tegistered against it; and
Whereas, the relief applied for MAY NOT be granted 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-97-31, be and hereby is DENIED.
Type of Variance: A Request for approval of a 953 squaze foot lot area variance to the
9,000 square foot lot area requirement and a 1 ~-foot lot width
variance to the 75-foot lot width requirement for the purpose of
building atwo-family residence.
For the Following Reasons:
Criteria:
1. According to Section 26-15 (F), of the Wheat Ridge Code ofLaws, aone-family
dwelling in the Residential-Two A zone district can be located on a 7,500 square
foot property with a 60 foot-lot width. 'Therefore, if the request is denied, the
property may yield a reasonable return in use, service and income.
2. The property was subdivided with the understanding by the Planning
Commission, that it was to remain a single family parcel. The applicant was
made aware during the subdivision process that the property was substandard in
lot width and lot area for the development of a duplex.
3. The property currently exists as a primarily rectangular lot, although the southern
property line meanders to the east at a slight angle there is inadequate building
envelope established that would permit proper development of a sizable
residential structure.
4. The hardship has been created by the applicant through the subdivision process.
The applicant has sole interest in the property.
5. There would appear to be no hardship other than the lot size and width. There are
several properties throughout the City of Wheat Ridge which exist as substandard
lots of record, this hardship situation is common to all of these properties.
The motion'carried 8-0.
B. Case No. WA-98-1: An application by Leonard 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 is located at 2971 Teller Street.
Board of Adjustment
01/22/98 _ Page 3
Sean McCartney presented the staff report, including a correction to the cover sheet. The
date posted and date legal notices sent should state January 8, 1998, instead of
January 15, 1998. Zoning Ordinance, case file and exhibits were entered into the record.
The property is within the City of Wheat Ridge, all notification and posting requirements
have been met, therefore there is jurisdiction to heaz the case:
Mr. McCartney presented slides and aerial pictures of the property. He also presented an
overview of the case including measurements, comparisons to properties nearby, and
other options for the size of the proposed garage. Mr. McCartney followed with
explanation of the criteria used to evaluate a variance application. Staff concluded that
the criteria supports approval of the request.
Board Member ECHELMEYER brought attention to the fact that the application is
unsigned and was not notarized, he asked if the Board is still able to act.
Staff responded that an incomplete application keeps the Board from taking any action at
this time. Public testimony can be heazd but decision should be based on a complete
application.
Boazd Member THIESSEN asked for clarification of the option of locating the structure
at a different location of the site.
Mr. McCartney responded that the structure could be located in the rear of the property
which would comply with the setback requirement, however, this would create a long
driveway, which would be more costly.
Boazd Member HOVLAND asked if the gazage has to be detached, or could an attached
garage be proposed.
Chair Person MAURO swore in Leonard Kearns of 2971 Teller Street.
Leonazd Kearns presented his case including the explanation for proposing a detached
gazage. The reason being is that in order to attach the gazage the gas meter would have to
be moved. Mr. Keams also explained his reason for proposing the extra width, in order
to accommodate his large vehicles and space to open the doors while in the garage.
Board Member ABBOTT discussed the hardship criteria with the applicant and explained
that this is one of the major deciding factors. He also explained that there aze a number
of properties within the City of Wheat Ridge that meet the same requirements of his
property and they have located their garage behind the house.
Discussion followed regazding the requirements of ventilation and escape windows
according to the Building Code.
There was a motion by Board Member HOVLAND, seconded by Board Member
WALKER, to continue the case until the application is complete and the Board has all of
the information that is necessary.
Board of Adjustment
01/22/98 Page 4
.> ,..
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: December 11; 1997
not the case; they are not really 100°s done until the chairman
signs them.
Board Member HOWARD questioned what the by-.laws states, and Mr.
White read the section and noted it is not clear what constitutes
final action. Board Member HOWARD feels the by-laws should be
changed before any action is taken on the motions. This will-not
prevent the cases from being heard tonight.
Board Member ABBOTT suggested on this one particular resolution to
make a motion putting it into effect the date it was signed, but
it was noted the actual date is not known. Board Member WALKER
feels at the time the resolution. is voted upon should be the
effective date; the rest of it is just paperwork. Mr. White said
resolution needs to make clear to the applicants that the
resolution becomes effective on this date. Board Member THIESSEN
suggested it should perhaps state in the resolution itself when it
will take effect, thus eliminating any 30 days waiting period.
Mr. White said he thinks the problem is more when the case is
denied. Board Member THIESSEN disagreed with a resolution taking
effect when it is signed. Discussion followed regarding approving
the minutes without attached resolutions.
Motion was made by Board Member MAURO to table the voting of
minutes and resolutions and move them back under New Business
Motion was seconded by Board Member THIESSEN, and carried
unanimously.
3. PIIBLIC FORIIM (This is the time'for anyone to speak on any
subject not appearing on the agenda.)
No one came forward to speak.
4. PIIBLIC HEARING
ase o wA-97-37? An application by Ben Bandimere•for approval of
a 953 square foot lot area variance to the 9,000 square 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.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
• accepted.
r ~'
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 11, 1997 Page 4
Board. Member HOWARD said the frontage of this property is 60' wide
and then it narrows down twice and asked what is the width
narrowed down to, and Mr. McCartney replied 50 feet. Board Member
HOWARD asked if anything is built on Lot 1, would it have to be' .
15'.away from the property line, and Mr. McCartney said no, the
Code of Laws for R2-A establish a minimum side yard setback of 5'
for all structures. He added there would be approximately 10'
between structures.
The applicant,. Ben Bandimere, 13831 W. 54th Avenue, Arvada, CO,
was sworn in. He explained the duplex to the south has the
required 5' setback. He entered two drawings into record, labeled
Exhibit `A', for all members to review. 'He asked the board. to
bear in mind these two units have been sold to young couples just
starting out and both parties are satisfied.
Board Member ECHELMEYER asked what is the width of the second
unit, and Mr. Bandimere replied 40'. Board Member ECHELMEYER
asked what was the width of the present unit, and Mr. Bandimere
answered 55'. Board Member ECHELMEYER noted the plot plan is
inaccurate for the smaller duplex.
Mr. Bandimere entered two more drawings, labeled Exhibit `B'
Discussion followed.
Lucile Knowlton, 4471 Kipling Street, was sworn in. Ms.
Knowlton's main concern is there is an easement on her property
that has not been used for 40 years and believes it has reverted
back to her (the property owner), and said according to the
applicant's survey, part of the old easement is on his property,
leaving only 3' from her garage to his property line. For the
benefit of both parties,-she feels this should be investigated.
Ms. Knowlton is not against this application, she just wants to
know where the property lines and easement are.
Board Member ECHELMEYER asked staff if they knew anything•about
the easement reverting back to the original property owner, and•
Mr. McCartney answered easements are created on the individual
property for utility companies and he has never heard of a shared
easement with two properties. Mr. white commented easements are
usually vacated and recorded with the county by agreement with the
property owner and easement holder. Ms. Knowlton said she just
wants to make sure Mr. Bandimere is not taking property away from
her.
. ~ r' µ;
WFIEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 11, 1997
Page 5
Mr. Bandimere said he has had the property survey and is just
going on what the surveyors have stated. Board Member THIESSEN
said this sounds like a property line dispute and feels the
request will be effected. Mr. McCartney said these issues cannot
be settled tonight and if the Board feels this is pertinent
information, staff would suggest continuing the case until more
information is brought forward.
No further questions were asked.
Motion was made by Board Member THIESSEN, and seconded by Board
Member MAURO to continue this case indefinitely until more
information is submitted regarding the property line dispute.
Motion carried' 8-0.
C. Caa No. T -97-ii: An application by Janet Gunn for approval of a
Temporary Use Permit to allow a 5th wheel trailer as a permanent
structure and living quarters. Said property is zoned
Residential-One and located at 12310 W. 42nd Avenue.
Susan Ellis presented the staff report. All pertinent documents were
entered into record, which Chairman HOVLAND accepted.
Board Member ABBOTT spoke on the building inspector's comment and
said the intent was to tell him to enforce that part of the.
electric code and not the applicability. Discussion followed.
Ms. Ellis stated she took into consideration the Board's concerns
last year with this being a Temporary Use Permit for a permanent
structure. It is kind of confusing, however she cannot alter what
the applicant requests on the application.
Larry Davis, 12310 W. 42nd Avenue, was sworn in. He discussed the
letter submitted, and confirmed, even though it was worded
`permanent' in last year's and this year's application, this is
NOT a permanent structure. He apologized for being late with this
year's application, but they were a bit'-confused and did not fully
understand the procedure.
Board Member-ECHELMEYER asked if the request is through the end of
August 1998, and Mr. Davis replied yes. Their ward, Michael,
graduates high school in May, however they have to get him off to
college in August. Mr. Davis pointed out Michael is graduating
high school at the age of 16.
•
WHEAT RIDGE BOARD OF ADJITSTMENT
MINUTES OF MEETING: December 11, 1997 Page 6
Board Member THIESSEN questioned alternatives and Mr. Davis said
they will not wait until the end this time to look for
alternatives and will start making plans immediately.
Marnie Boom, 4225 Vivian Street, was sworn in. She lives across
the street to the north of-the applicant. She is in favor of the
request as the property is kept very nice and there has never been
a problem with noise or anything.
Aidan Ridley, 12350 W. 42nd Avenue, was sworn in. Mr. Ridley
lives. immediately to the west of the applicant. He and his wife
would like to see this permit approved because they are goad
neighbors and take care of the property.
Michael Phillips, the applicant's ward, 12310 W. 42nd Avenue, was
sworn in. He asked that this permit be approved because as a 16
year-old senior high student he is under a good amount of stress,
and having to move at this time would create more. He will be
leaving for college in August, so the permit will be only until he
graduates from high school.
Board Member HOWARD wanted to know if this is not granted, why
would he have to move, and Mr. Phillips said that Mr. Davis helps
out financially and helps with the upkeep of the house. If Mr.
Davis has to move, they cannot afford to stay in the house and
will be _forced to move as well.
Board Member ECHELMEYER was confused and Mr. Davis stated he owns
and lives in the trailer, and he and Ms. Gunn are co-owners of .the
house which she and Michael live-in. Mr._Davis further explained
the living situation and added he and Ms. Gunn are not married.
The trailer (RV) will be put on the market for sale late spring
and he will look for another residence.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. TUP-97-11, an
application by Janet Gunn, be APPROVED for the following reasons:
1. The applicant has demonstrated that a personal and temporary
hardship exists.
2. The lot is oversized and backs on to Clear Creek open space.
3. The RV is a 1995 model and kept in near new condition.
4. Fire separation from adjacent structures is adequate.
5. Two adjacent property owners testified in favor of the
request.
v+. ,e
M ~ .K i
CERTIFICATION OF RESOLUTION
I, Bazb Fuller, 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 22nd day of January, 1998.
Case No: WA-97-31
Applicant's Name: Ben Bandimere
Location: 4470 Lee Street.
Upon motion by Board Member ABBOTT, seconded by Boazd Member HOVLAND, the
following resolution was stated.
Whereas, the applicant was denied permission by an Administrative Officer; and
Whereas, Boazd of Adjustment Application, Case No. WA-97-31 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 NOT be granted 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-97-31, be and hereby is DENIED.
Type of Variance: A Request for approval of a 953 square foot lot area variance to the
9,000 squaze foot lot azea requirement and a 15 foot lot width
variance to the 75' foot lot width requirement for the purpose of
building atwo-family residence.
For the Following Reasons:
Criteria:
1. According to Section 26-15 (F), of the Wheat Ridge Code of Laws, cone-family
dwelling in the Residential-Two A zone district can be located on a 7,500 square
foot property with a 60 foot lot width. Therefore, if the request is denied, the
property may yield a reasonable return in use, service and income.
2. The property was subdivided with the understanding by the Planning
Commission, that it was to remain a single family parcel. The applicant was
made aware during the subdivision process that the property was substandazd in
lot width and lot azea for the development of a duplex.
3. The property currently exists as a primarily rectangular lot, although the southern
property line meanders to the east at a slight angle there is inadequate building
envelope established that would permit proper development of a sizable
residential structure.
4. The hardship has been created by the applicant through the subdivision process.
The applicant has sole interest in the property.
5.. There would appear to be no hardship other than the lot size and width. There are
several properties throughout the City of Wheat Ridge which exist as substandazd
lots of record, this hardship situation is common to all of these properties.
VOTE: .Yes: All members of Board ofAdjustment
No:
DISPOSITION: Denied the Variance WA-97-31 to allow a 953 squaze foot lot area variance to
the 9,000 square foot lot area requirement and a 15-foot lot width variance to the 75-foot lot
width requirement by a vote of 8-0.
DATED this 22nd day of January, 1998.
DA MAURO, Chairperson Bazb Fuller, Secretary
oazd ofAdjustment Board of Adjustment
7500 West 29th Avenue
Wheat Ridge, Colorado 80033.-
Telephone 303/ 237-6944.
FAX 303/234-5924
January 30, 1998
Mr. Ben Bandimere
4470 Lee Street
Wheat Ridge, CO 80033
Dear Mr: Bandimere:
The City of
_ Wheat
Ridge
Please be advised that at its meeting of January 22, 1998, the Board of Adjustment DENIED your
request fora 953 square foot lot area vaziance to the 9,000. squaze foot lot area requirement and a 15
foot lot width variance to the 75 foot lot width requirement for the purpose ofbuilding atwo-family
residence at the property locaied at 4470 Lee Street in the City of Wheat Ridge.
Attached is a copy of the Resolution of Denial listing the Board's reasons for such denial. This
resolution will become effective within thirty (30) days of the Board of Adjustment's decision. Ali
appeals must be forwarded in writing to the Jefferson County districf court should you decide to
appeal.
Please feel free to contact me at 235-2846 if you have azly questions.
Sincerely,
PLANNING AND DEVELOPMENT
Barbara Delgadillo
Planning and Development Secretary
Attachments: Certification of Resolution
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HISTORIC
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HISTORIC
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~ ~ ~ f~" W F Q 537Q-'"~ ~ APPROX. EXISTING BANK OF DITCH ,
HISTORIC HISTORIC HISTORIC HISTORIC REVIEWED A J W O i ~ a ~ - DESIGN POINT CONTRIBUTING RUNOFF PEAK STEPHEN KE
c AREA 5 YR. 100 YR. REPRESENTA 0- I ~ ~ z I ~ { ~r ~ p>~ ' ~ ~~NP•~ (ACRES) (CFS) (CFS) OULETTE DIT 9019.69 S.F.
~ ~ I N o' ~ GPe~'~ A 0.18 0.104 0.796
~ ONSTRUCT A BERM ABOVE BANK g 0.213 0.073 0.621
. ~ ! 5368 OF IRRIGATION DITCH TO DIRECT
z I p ~ p ~ RUNOFF AWAY FROM THE DITCH
~ U I ~ ~ p~ ~ FLOWLINE. BERM TO BE MIN. OF t'
~ ~ ~V PROPERTY LINE HIGH. DEVELOPED DEVELOPED DEVELOPED DEVELOPED
O , O~ DESIGN POINT CONTRIBUTING RUNOFF PEAK B•M. CITY OF WH
25' P ~ F LATERAL TO THE OULETTE DITCH c AREA 5 YR. 100 YR. DESIGNATED 71- i ~ ~ IRRIGATION DITCH RUNS ENTIRE LENGTH ~~NP•~ (ACRES) (CFS) (CFS) THE CITY OF WH ~ OF EASTERLY PROPERTY LINE VERTICAL CONTR ~ ~ i ~P THIS A LATERAL DITCH WITN NO C 0.392 0.33 1.448 LQGATED AT INT G KIPLING STREET.
4
T.B.M. E EV. 5368.95 F~SEMENT OF RECORD FOUND IN THE FILES OF
V }5 THE CLERK AND RECORDER AT GOLDEN, COLORADO. TOP OF ~ORNER ~v NO PART OF DITCH ACTUALLY IS LOCATED ON THE PREPARED B ' p'E'' SITE. CONTACT STEPHEN KELLER, 4325 IRIS STREET KENNETH R.
1
i Q~' TELE. 303-425-0130 GOLDENBRCO ~ P k°' ° HISTORIC BASIN BOUP~DARY DRAINAGE PLAN 303-279-4 ~ i~ 1-5369 _ ~ BANDIMERE MINOR SUBDIVISION
EXISTING CONTOUR LIN;. i
DEVELOPED CONTOUR LINE 4470 LEE STREET ~~t
SCALE / 1" = 20' ~CJ~`s~ - - - - - UTILITY EASEMENT LINE WHEAT RIDGE, COLORADO KENNETH R.
PE/RLS #74 'EPHEN KELLER 'D1?C7CC_hiTATI\/G' n97 TWr-
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