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HomeMy WebLinkAboutWA-97-6The C7ty of Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning-and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303_) 237-6944 -- Applic/aJn~t >y_ „~' ''~ Address~~~~~`G~".S,S7~honeG-s~~~~,s` Owne /~-,~,~ ~ ~;/1/7/F , i%/Y.fr~Addres'~~~5 ~s~~s ,5~ Phon~S'7~/~3G~ E_. ~ Location- of request -~ ~- ?S ~`2'S ST 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 DQtailed Description of re uest ~~j'~'/1~J ~ _ ~~ G ~~ /f/~~ 0 List all persons and companies who hold ari interest in the described real property, as owner, mortgagee, lessee, optionee~ etc.. --- NAME ADDRESS PHONE I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed ,above, without whose consent the requested actior, 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 ~ ~'~ _ - ' ''DD Subscribed and swo n to me-this ~-1-T~ day of 19 Notary Public SEAL ~ ~% My commission expires Date deceived ?,.-'~~-~1 1 Receipt No.~ ~ (~] Case No. Recorded at ..............~..__o'clock...........M., Reception No_._...._....-......_.~. _.._....~~....-..----•,..._.._....~.....-_Recorder. THIS DEEDS Made this 30th day of June .-ls S6 between LUKE 1vI., RAFTERY and EiLEEN B. RAFTERY , ~'as Husband and Wife of the County of Jefferson and state of Colorado, of the firsti'part, and JIhuvIIE ALLTN McCOY and CONNIE JEANNE ~4cC0Y of the Covntyof Jefferson and State of Colorado, of the second part: FILING STAMP o m L ~ o z ~ o r rTi "'f C KTw O O7 - '1 _i ,-, m rn =lr1-C ry a ~ ~.oc; ~ ~ IV -c A ~7D .. < ./mow~p., ~ VJ • :. mOV, WITNESSETH, that the said party of the first part, for and in consideration of the sum of ----------- Ten Dollars. and other considerations-------------- --------==Dpr~ARs and other good and valuable considerations to the said party of the first part is hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of second part, their heirs and assigns forever, sot in tenancy in common but in joint tenancy, all the following described lot or parcel of land, sitaste, lying and being in the County of Jefferson and State of Colorado, to-wit: That part of the NE~ of the 5tiY~ of the NE~ of Section 27, Township 3 South, Range 69 West of the 6th P. M., described as follows: Beginning at the Northeast corner of said SW of the NE~, thence South along the East line of said SW~ of the NE a distance of 130 feet; thence West 200 feet; thence North 130 feet; thence East along the North line of said SW~ of the NE4 a distance of 20,0 feet to the point of beginning: Excepting therefrom the North 30 feet thereof reserved for West 35th Avenue; but, with all water, water thereto ~~ 1~ Q ~S n 1` ~ ~ ~.~ rights, ditch and ditch rights appertaining __ TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise; appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and: _ ~i j all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or~ equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. -. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the 15rst part, for himself, bin;; heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said parties of then second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized' _ of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in__,.~„_,...~ fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner.. and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,y ~~ taxes, assessments and incumbrances of whatever kind or nature soever, except General taxes fOr; - f 1966 and Moffat Tunnel Special Improvement District Assessments payable in 1967 and subsequent years, and the above bargained premises in the quiet and peaceable possession oP the said parties of the second part, the survivor of them, their assigns and the heirs and assigns oY such survivor, against all and every person or personen lawfully claiming or to claim the whole or any Part thereof, the said party of the first part shal will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the sin lar, a d the use of any gender shall be applicable to all genders. IN WITNE5S WHEREOF the said party of the first part has o s 's ban cal a da and year first above written. ~ _ 15• ~; ea a ariii Deliver€d iri"fife Presenco-oi-' ~~~ i ERY, Hu band I ..._..... .. -...._ .... .... ....._..---.....-.[SEAL] 05............-...._... _ .~ i, ,•~ eyy •'.: rw~, ~::: ~~fy ~`'i`OF COLORADO, ..~ r~"''~q r ~O~t3' of Denver ~?+ ~~ ' ~ was acknowledged before me this 30th day of June ,19 66 , t ,~ ~~,. b'' - ~p.~tery and Eileen B. Raftery. as Husband and Wife -';~~~~~ ~ ~ ® ~ 19 _ . Witness my h and official aeaL `~ ` ~. . ,.. ,., ., .'„~ ~cs~en expires Ian, ~7, 6 _ ~ Y-"' a Pnmfe. V-~ m C~ Jl NO. 821A. W AERANTY DEED.-TO Joint TenonG.-Sndfard•8obfneon Printin¢ Oompnay, 162d-4a Staut 6treat, Denver. Colorado __- . _._.__, __-__ ..~ s..a„~o hwrw insert name or namee ; if by_ person acting 1n representative o^^ t`fc1*ay anaifteer of cor® __ _ t + -^^~ '~ ~ iAd00 - - -- -Otl3X-~ ~atl00~ ~^"i ". Ob3X{ iOb3Xl •~ •1 Ob3XJ (,- 1 .. .. -.. s ~. r sf...a-e :: a I IS t P: f I J`. ~ ~(~A ~pp (3~Pp'$$~1CEt~P ~~z3b1gUP1~ ~SI. 39~3s `• ,',; `•I ^ (Jimmie'Allan McCoy) ' r f ' YY m. H. Vb~"'18r Consu~fin$ Engineer . }' V i ~.' I ~ 729 DELAWARE 8T. AREA CODE 303. 222.7896 ~ r~-: {~ DENVER. COLORADO 80204 - . ~ f Y f,i-~ ~/E Corrc•r - - •' ! i G ,/~ - ~ .Sec/. a^ ~ f ' -: -. , I~ ~.--.rte >~a-- -a~,a '.. , r , ~ ~ r ,.~. l `~esT ~5 fh Avery ue' o. ,. .. .. ~~ 0 z6D.. J \ .~ . V ,, . I T~ S "R 6.9 Y1/ ~ ~t, y' m h SO , ' ~ /Stay ~ ;, ;. iia _~, . ~ .; , ., _ , t; __ '_fi" .ems ... .,. _.,-... 0- ~ .~-~ _ I ~ ~ w~w~W,'°i ~y VJ~3'wOe#~+~a - ~v. __ ~.~t'. -:+'- ., 0 8' 9' a .4c- 9ar J e o: //3, 9 - \ .22 3 _'. ~ - ' ar> ~ - ~ That part of IdEn S4`q NES of Section 27,^ 1~ Township 3 South, Range 69 14est,described as n] follows: -Beginning at the ptortt:east corner of " said Sld4 of NE4; thence South z?ong the East _- '"'`" line of said SW-',i of NEq'130 feet; thence l•.'est 200 feet, thence North 130 feet; these mast ;. SCa~e 200 feet to point, o£ beginnings eaceot-the ,~ ~. ' ' '~32E~'~.North~30=fee$'thereof~-Count~o'f 7ef°e'rson,~°~"z State of Colorado. x >~ .. _ This certi3ies that the above is a true andcorrec~ plat-'oE a survey madeby me this 28th day of Jurie 1966, ,~ ,%`~„+ of the property described as sea above 'for legal description, and that the location and dunensions of all building ~ improvements, easements of rights-of-w 5~ ~?a3~ould n t be used for aad enaoachmeats by'or.,on the premises are accurately shown. This plat made for loan ptupo rovements. conatruckwn-ot.fencw ark additional imp 1 ~_ N1 ~ ~ Wm. H, Bur win, l.onsu~lin8, Engineer ~ ~ ~# _ g i . r ... ~ \, r GJV+ . rvo..•r ~ ~ . ' .~ -. ", .. .... . ,, - _ ~R -q~L - lQ ~xN . ` ~' May 20, 1997 Case number W A-97-6. We have no objections to the proposed addition of a two car attached garage replacing a one car attached garage at 3475 Estes St. We understand if approved it will be on a 4' sideyard setback variance to the required 5' sideyard setback, becoming one foot from property line. .~e~ ~ Clay and Sue Sites 3465 Estes St. Wheat Ridge, CO 80033 , ~~N !~` !~ vJl`A~r~x it rx7ay ca~zcecn: Case number W A-97-5,1 Rober Conner wl~zo reside at 347 Estes st. give n~.y complete approval of a 4' sideyard setb~~cl4. variance for property at 3475 Estes st. As a neighbor for stivexx years this property at 3475 Estes st. is nepf very neat and nice. ~ ~.«.~ I'm sure the addition to the goa'age will be an assett to the loons of the property and neighborhood. Robert L. Conner v~~~ ~/-~~- ~~ NOTICE OF PIIBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on April 24, -1997, at 7:30 p.m., at 7500 West 29th Avenue, Wheat Ridge, Colorado. A11 interested citizens are invited to speak at the public hearing or submit written comments. The Following petitions shall be heard: 1. r=~~ PTO WA-97-6• An application by Jim McCoy for approval of a 4' sideyard setback variance to the required 5' sideyard setback. Said property is zoned Residential-One A and located at 3475 Estes Street. 2. CaaP No WA-977:_An application by Jay M. Williams for approval of a 18' variance to the 30' required side setback adjacent to a public street. Said property is zoned Residential-Two and is located at 6150 W. 42nd Avenue. Mar ` u Chapla, Secretary ATTEST: Wanda Sang, City Clerk _ To be published: April 4, 1997 Wheat Ridge Transcript r P.O `BOX H38~ _ - TELEPHONE: 303/237-6944 The Crty Oi 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge April 9, 1997 This is to inform you that Case No. WA-97-6 _which,is a request £or approval of a 4' sideyard setback variance to the required 5' sideyard setback for property zoned Residential-One A for property located at 3475 Estes 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 April 24, 1997 All owners and/or theiz~ 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 Bunning Division. Thank you. PLANNING DIVISION "Thc~ Caa-r~~ition City" -~ ~ (A 'P 960 413 136 W ~j r i _.._~ i II ~ _ _ _, ~f a Q I N ~ T ~ ~ 1 ~ ~ v m -~ z ._m _ V .. _. --_ --- ..~ Emc2 . n _ ! C -- ~ t - 3 c ' ~P 960 413. ~ 122 _~ -~ =` - - - 8 s Y -~, Imo. _ _...._ _ > _ T Y _ -m._ai. ~ _~_ - ~- _ ~ ~ _ o L ~ x ~. N ~ P 96D 413 124 ~ _, m ` m ~ ~~ ~ n - - ~ ~~ Q ... ` ~p ~ (1 m saF 1 ~.. -~~ m [~_-°- 1 ~.. 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(n W • • • •y ~ a~gs~~m m ~ z m S a 3 - ~ `°. ~ m ~ - ;> 3' N . - Ti F. a a -~ € ~ ~ I _ yry _. . ; W • • • •y ~ a ~ =a s~! ~m ~ . v. ~.. ~.~ w ~ 3 ~ y 9 O J .O ~ ~s. r , P ~ >'O ry F o' y o0 u f ~ ~' 2L 3 ~ ~ m ° ~ ; ' ~,o °-'~ ry rv ~ n ~ ~ 3 ~ r ~ w d ~ ~ ~ n ~ ~ ~ ~ & ~ d $ 3 F a V A A a N ~ ~ ~ ~ D a ~ ~ o n ~ m ro n 9 p 3 N^^ m' N - ~~ 7J ~ m ~ a m o ?7 ~"' ~' n' w m ~' d m ' m W ~ ~ o y a ~ ° y°~ ~ ~ ~O <a=< ~ w o ~ ~ xz ~' y ~~ Tm v ti (~ reE t ~_ _~ g° n 1 ~ p m ~ ~' m ~rN ~ D a ~ ~ a ( ~ Q N Il ~ 3 ~ m a . ~. a-~ ~ ** Co16 ** C016 ** C623 Donella K Progar Michael E Taylor Juanita D Anderson . 3500`Everett ST 940 3480 Everett ST Wheat Ridge CO 80033-5861 3500 Estes ST -Wheat Ridge CO 80033-5933 Wheat Ridge CO 80033-_5 ** C023 ** C023 ** C023 Jimmie A11en Mc Coy Robert L Conner Clayton D Sites ST 3475 Estes ST O 80033-5930 3470 Estes ST Wheat Ridge CO 80033-5931 3465 Estes Wheat Ridge CO 80033-5930 . Wheat Ridge C ** C023 ** C016 ** C021 Ina M Beasley Paul A Shaver Edith J Hodges 2951 Kendrick ST 3450 Estes ST O 80033-5931 8890 W 35th Ave CO 80033-5864 Wheat Ridge Golden CO 80401-1333 Wheat Ridge C _ ** C023 Gary L Carnegie _ 8780 W 35th Ave Wheat Ridge CO 80033-5921 - __ CITY OF WHEAT RIDGE PLANNING DIVISYON STAFF REPORT T0: Board of Adjustment DATB OF MEETING: April 24, 1997 DATE PREPARED: April 17, 1997 CASE N0. & NAME: WA-97-6\McCOY CASB MANAGER: Sean McCartney ACTION REQUESTED: Approval of a 4' sideyard setback variance to the required. 5' sideyard_setback. LOCATION OF REQUEST: 3475- Estes Street NAME & ADDRESS OF APPLICANT(S) Jim McCoy 3475 Estes Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 20,000 square feet PRESENT ZONING: Residential-One A PRESENT LAND USE: Residential Single Family __ SURROUNDING ZONING: ~:, $,: and y: Residential-One A, and $: Residential-Two LAND USE: SgT:, ~:, Lv:and $: Residential single family DATE PUBLISHED: April 3, 1997 -- DATE POSTED: April 9, 1997 DATED LEGAL NOTICES SENT: April 9, 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 Case No. WA-97-6 I. REQIIEST Page 2 The applicant is requesting the approval of a 4' side yard setback variance to the 5' side yard setback .requirement to allow the construction of an attached, single-car garage. If approved, the garage will be located approximately 1 foot from the south property line. Currently, there is a one-car .attached garage on the south side of the property. South of the existing garage,-the applicant currently parks. his vehicles on an area he has designated as parking. It is on this designated parking area he would like to add on another single-car __ garage, thereby creating a two-car attached garage. According to Section 26-11(F) of the Wheat Ridge Code of Laws, construction of attached garages in the Residential-One A zone district must retain a side yard setback of 5'. Because the property is located on a corner, there must be a side yard setback of the 30° minimum from the northern property line. As the attached survey shows, the house is currently located 28.9' from the northern property line, II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 1. Caa the property in question yield a reasonable return in use, service, or iacome if permitted to be used only under the conditions allowed by regulation for the District in which it is located; aad, Yes. The variation, request is to allow for the addition of enclosed parking space. I3owever, if denied, the property could still be used as a single-family residential. Currently the applicant has the space to park an additional vehicle on the south side o-f his property, but he would like to enclose this space. A carport would require the same 5' setback as does the attached garage. 2. Is the plight of the owaer due to unique circumstances; and, No. The property in question is a typical rectangular shaped property, located in a relatively level area of Wheat Ridge. Therefore, there are no unique circumstances attributed to this site. Board of Adjustment Staff Report Case No. WA-97-6 Page 3 3. If the variation were granted, would it alter the essential character of the locality; and No. There are other properties in the neighborhood which have variances for side yard setbacks. Also, enclosing parking spaces provide aesthetic relief from typical outside parking spaces within a residential neighborhood. 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. As stated before, the property is a typical rectangular site -.- located in relatively level area of Wheat Ridge. Therefore,- topology.- does.not create any type of hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to other property within the same zoning classification; and, Yes. Anyone may apply for the same type of variance, but the outcome may not be the same. Variations are reviewed on a case by case basis. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property; and, No. The variation is exclusively based upon convenience, and creating an additional enclosed parking space. 7. Has the alleged difficulty or hardship been created by any person presently having an interest is the property; aad, Yes. The applicant, who has interest in the property, has created his own difficulty or hardship. Board of Adjustment Staff Report Case No. WA-97-6 Page 4 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighboshood in which the property is located; and, No. Because the applicant currently accesses his existing garage and additional .parking space on the side of the property for-which the addition is proposed, there should not be any harm to the publics health safety and welfare. This location for parking has proven safe in the past. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increased the congestion is 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 Yes. The adequate supply of light or air to the adjacent property to the south may be somewhat impaired, but the proposed garage addition will be located approximately 22° from the adjacent neighbor's existing garage. Because of the 22' separation, there should not be any increase in fire danger (10' is the required buffer for_fre purposes). 10. Pf 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, a s 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? If the garage addition is permitted it_may benefit the neighborhood by allowing for-the existing parking space to be-enclosed, thereby creating anaesthetically pleasing look to the property and the surrounding neighborhood. -Also, because the proposed structure is a single story addition, there will be adequate provisions for a person with disabilities. ~- S L_ J W 36TH AVE Y 9 ~ AVE g i L $ ~ ~ R PGD Pq~'THILLS MR~IGAL GEIJTER _ _ _ w2-36~ _ ~Ky f-p_. _ .PIT M ._ _ _ .. - . ` ti~ 1 ~1 M1 ~, PAD MA ~~, ~ WIZ-e6-13 ~ W % ~ ~ TH Av E I I ~ ~ PHD \ B ~ < N o s i ~ Q 33]3 WL-](rl q~j ^ __ 1530 __ __ ~~' ' J - 3ezo 4 ~ ~ ~ ~ LU ERAN '~ w „~ _ _ L w nTH Rve I GP~ . s s a s ~ ~ ~ G TE~2 w - - -_ - - ~ ~ wz-9rz ,, _ ~ I ! ' ~ - fA ~ . ~' ~ I ~ ` 4 ~ ~ 11 N PHD ' '3<03 C aRl' l MB cr L ~E t KF ~ Z ' !-I P66-B ~ ~ _ 'J. ~ 'I ~ ~- ~ ~ j JJ N H o a r g ~ f- ~ "' iS 5Y $ ~ S ^ ~ ~ ~ N ~ ~ ~ h R MM nW w w 3arro ~ ~. UDy ~ e, ~ g ~ 'a R ~ g u (n ~ ~ ~ W B71L PL ~ n ^«~ u S K e^ V A ~ _ gg g r $ „ "~ ~. AG ~ ES ~ z JR a ~ s & ~ ~ $ 3~D'nvF ~ S ~ ~ ~ _. _ .>EFFERSOx couNTY t'~L OFD I G I ~ (~{~-°~ ~/y ~ _- ZONE DISTRICT BOUNDRY I I Y L..~ gj /~ ZONING MT~~ -PARCEL/LOT BGLi~DRY mESIGNATES OWNERSHIP) ~ ~- I_I ~~T RI DG~ y~1~ -=~-~GITY LIMIT LINE ~ ~100~ ___ _ I GOL.O~:f'<DO _ _ _ _ WATER FEATI.RE SCALE i'~40:J + DENOTES MULTIPLE ADDRESSES MAP ADOPTED:.lme 15, 1994 Last Reviaon~ February 8, 1995 ~ARTMBiT OF PLANNING MD DEVB.dR'8Jf - 23r7B52 _ _ _ _ L:\DRAWINGS\PLANNING\DS\NE27 The C(ty of Wheat Ridge Appl Location of request g~~~ Address S G-5~~~ ~ fPhoneG'~~ ~~IJ ,. Addres's~~7s -~<~~5 <J" Phone,~~~ G3 Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or-zone conditions Site development plan approval Special use permit -- Conditional use permit Temporary use/building permit Minor subdivision Subdivision e Preliminary Final []** See attached procedural guide for specific requirements. of ~ 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, lesseer optionee, etc. NAME ADDRESS PHONE I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf. ~ Signature o£ Applicant Subscribed and SEAL ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 to me this ~~ day of ~_, 19_~ _ My commission expires Received ~,•-`Q-Q Receipt No._~,~ Case No. PUBLIC HEARING SPEAKERS' LIST WA-96-1o DATE:_May 22, 1997 CASE N0: ,,. _- _ _. ~ - REQUEST: An application by Jim McCoy for approval of a 4' sideyard setback variance to the required 5' sideyard setback Said property is zoned Residential- One and located at 3475 Estes Street. Position On Request; ~ ~ ~ ; (Please Check) , ~ ~ IN FAVOR i OPPOSED i ~ SPEAKERS NAME & ADDRESS (PLEASE PRINT) ~ , - - , ~ ~ ~ ~ , ~ - i - - ~- .::- i - -. - ~:. -.. - ~_. i - - , ~ ~ ~_ _ ', . , _ _ ~ , ~ ; ' _ ' ' 1 `, _- ~ , __ ___ ., , _. ~_ ; -_ , , ; ~ , ~ ~ ~ `- ~ ' , ' _. ~ , , i -_ -.., i _ -- - - i _ - - ~ ' i ---.- __ _- __.-.~ - r , i i , ~ _ -' , _ i , ~ , - _. i ~ ' __ , ~ ~ ~ ~ i ~ i ~ i , i ~ _ i ] i i ~ i ~ j ~ i ' ~ ~ i ~ i ~ ~ i - , i , ~ i _ , i ~ ~ ~ , ~ i ~ , ~ i i i ~ ~ ~ , , r-' ~ ~ ~ ~ i ' .. - ~ ~ i ~ ~, , , -. - , ~ , , ~ i ~ ~ ~ , i - , i i ~ ~ ~ i ~ ~ ~ ~ ' ~ , i ~ i ' ' = ' , - _ i -- ~ ~ ' _ .. - ~ 1 , i , ~ ~ , i _ _ ~ -. , ~ , , , ~ 1 , 1 1 - - -- - - ......__ ~... --=- ~. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 22, 1997 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member WALKER, seconded by Board Member MAURO, to approve the agenda as printed. Motion carried 5-.0. 3. PUBLIC FORUM (This is the time for anyone t0-Speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING ~~V =-'use-No-WA=97=6c An application by Jim McCoy for approval. of a 4' sideyard setback variance to the required 5' sideyard setback. Said .property is zoned Residential-One A and located at 3475 Estes Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ABBOTT was concerned with the term `designated parking', and Mr. McCartney explained the applicant's parking area now is not designated by the City's standards, but rather by visual standards. The reason the sideyard setbacks in the area are mentioned is because the request will then not alter the character of the neighborhood. Board Member ABBOTT also thinks the statement that enclosing the autos will give some aesthetic relief is Mr. McCartney's personal opinion because there are no city ordinances that address that. It was noted there were no objections registered for this case. The applicant, Jim McCoy, 3475 Estes Street, was sworn in. He entered into record two letters from neighbors .stating no objections to this request, which were labeled Exhibit `A'. W$EAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: May 22, 1997 Page 3 Mr. McCoy said there is a well on the right side of his property and on .the other side the house is 38 feet from the proposed garage, so he feels-this is the best location. Mr. McCoy explained the roof line break and said the style' will be a Dutch Gable. He submitted his plans and gave a brief explanation. Chairman HOVLAND wanted to know if there were other options, and Mr. McCoy stated behind his house to the southwest is his patio, and placing the garage there would-impact the view of the mountains and close everything in, plus he would also have to access the garage from W. 35th Avenue No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA-97- 6, an application by James McCoy, be APPROVED for the following reasons: 1. The neighbor to the south has a 22' sideyard setback from the property line common with the applicant. 2. Alternative locations to the north or backyard did not seem to be reasonable or affective. 3. The neighbor most affected submitted a letter in favor of the applicant's proposal. 4. The garage addition may benefit the neighborhood by allowing for the existing parking spaces to be enclosed and creating an aesthetic look to the property. WITH THE FOLLOWING CONDITION: 1. The garage addition shall be built as described in the drawing submitted to the Board. Motion was seconded by Board Member ECHELMEYER. Discussion followed regarding the aesthetic look for the neighborhood. Motion carried 5-0. Resolution attached. Case No. WA-97-7: An application by Jay M. Williams for- approval of a 18' variance to the 30' required side setback WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 22, 1997 Page 4 adjacent to a public street. Said property is zoned Residential-Two and is located at 6150 W. 42nd Avenue. Sean McCartney presented the staff report. All pertinent documents were entered.-into record, which Chairman HOVLAND accepted. Board Member ABBOTT figured the setback variance wou d only be 4 f et if the applicant built a single car gaga and faced i on 42nd Avenue, and Mr. McCartney agreedB nd said that woul be an option. It was note thew were no objections register regarding this case. M McCartney added the require -setback of 5' will comply on he south side. The applicant, Jay Williams, 6150 W. 4 nd Avenue, was sworn in. He entered into record three 1 tern £rom neighbors stating no objections o this re st, labeled Exhibit `A'. Mr. Williams said he is t aesthetically. Most of t attached garages, but als basements. He said his ,,f `to improve the lot ses on the block have on higher ground and have ~`~,is gigantic, the backyard is small, and the hou~ is set in~.~ really peculiar position. If he lids the garage up-~h the house he will lose light from t}rYee windows. Board Member BOTT was concerned with ho far the applicant will be fro his neighbors to the south fenc line, and Mr. Williams nswered 5 feet.. Board Member ABBOTT bought this was lar er than a standard two-car garage, and M Williams expla'ned that the proposal is for a two-car garage but par of the diagram also includes the covered walkway. T exterior will be siding with the corners being two- one,r~ brick. A brief question and answer period ensued regardi g~ tying the roofline and breezeway into the home. Mr. Williams .spoke on covenants. Board Member ABBOTT thought the garage was not attached and Mr. Williams assured him it was attached, and talked about .. ~_ CERTIFICATE OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 22nd day of Mav 1997. CASE NO: WA-97-6 APPLICANT'S NAME: Jim McCoy LOCATION: 3475 Estes Street Upon motion by Board..Member ABBOTT seconded by Board Member ECHELMEYER the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WA-97-6 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-97-6 be and hereby is APPROVED. TYPE OF VARIANCE: A 4' sideyard setback FOR THE FOLLOWING REASONS: 1. The neighbor to the south has a 22' sideyard setback from the property line common with the applicant. 2. Alternative locations to the north or backyard did not seem to be reasonable or affective. 3. The neighbor most affected submitted a letter in favor of the applicant's proposal. ~ .~ Case No. WA-97-6/Resolution Page 2 4. The garage addition may benefit the neighborhood by allowing for the existing parking spaces to be enclosed and creating an aesthetic look to the property. WITH THE FOLLOWING CONDITION: 1. The garage addition shall be built as described in the drawing submitted to the Board. VOTE: YES: Abbott, Echelmeyer, Hovland,Mauro, and Walker NO: None DISPOSITION: Variance granted by a vote of 5-0 DATED this day of May 22, 1997. ~~~ AIIL HOVLAND, Chairman Board of Adjustment Ma L Chapla, Secretary Board of :Adjustment