HomeMy WebLinkAboutWA-97-7The City of
ADMINISTRATIVE PROCESS APPLICATION.
~]Vheat
~Ridc~e Department of Planning and Development
S 7500 West 29th Ave., Wheat Ridge, CO 80033-:
Phone (303) 237-6944
Applicant. S/1~ Yl~. /,t~,'~~~'..~nS Address ~ ~5 ~ P.~. N?~.~r/~ Phone yjf"Z~/`j
Owner Address Phone
Location of request ~, y JG
Type of action requested (check one or more of the actions listed beloza_._.
which pertain to your request.)
^ Change of zone or zone conditions Variance/Waiver
ite 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 requirement: ^ Other
Detailed Descriptio o£ request SC'G~.l!; ., .4 » c n.
List all persons and companies who hold an interest in the=described real-_
property, as owner, mortgagee, lessee,-o ptionee, etc.
NAME ADDRESS
' PHONE
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I certify that the information and exhibits herewith submitted are true and-
correct to the:..best-of:,my_knowledge..,and- tha_t in,_£iling this application, I
am acting with the knowledge and .consent o£ those .persons Listed_aboye,__,
without whose consent the requested_acti or. cannotlaw£ully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner.
which approved of .this action on his be lf.
Signature o£ Applicant ~~
Subscribed and s ~,' t 's da of 19
y_PUbl'
SEAL
My commission expires- ~~~~~
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Date. Received ~' ~/ - 1'1" xeceipz rvo. 7e~-i-U i,a5c ~~~.
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LAN D S U R V E Y I N G
5460 WARD ROAD • SUITE 160
ARVADA, COLORADO 80002
(303) 420-4786
IMPROVEMENT LOCATION CERTIFICATE
Attn: ,
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Scale: I"-20'
3/20/97 85.00 97-796
DATE FEE JOB#
JEFFF..RSOPd CO. 6Lti~.a,
MORTGAGE CO.
6150 W. 42PdG AVE,
ADDRESS
BORROWERS NAME WILLIAA7S
LEGAL DESCRIPTION
(PERCUENTI
1 LOT 18 IPdaALLS TERRACE
BUEGIV~SICd'd, COUPdTY OF JEFFEFiSOPd,
STATE OF COLORADO
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On the basis of my knowledge, Inf^^yopprmttation a
or Improvement Survey Pfa~~lid"tRa~'it Ei
improvement lines. I further certify that
connections, are entirely within the bound)
described premises by Improvements on an
sign of any easement crossing or Burdening
"NOTICE: According to Colorado !aw you mu
first discover such defect. In no event, mayany a~
the certification shown hereon."
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elief, I hereby certify at th(s improvement location ce Ificate s prepared for
,that R I not a La d Survey Plat
t'to be relied u n for the establishment of fence, uilding, or other future
improvements on the above described parcel on this date, a cept utility
of the paccel, except as shown, that there are na encroachmen upon the
ioining premis s, except as indicated, and that ther9 is no apparent evidence or
part of said p rcel, excep~~~11 p Edllgp~~ /
mmence any! al ac6'o i~"• ~ 6f~in this survey within three yel3rs after you
fspsed upon any efeci i~ial.'~y{~M~~~y'~ more than ten years fror~r the date or
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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. All interested
citizens are invited to speak at the public hearing or submit
written comments. The following petitions shall be heard:
1. ease DTO. WA- 7-6 _- 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. Case No. WA- 7-7: 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.
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Mar u Chapla, Secretary
ATTEST:
.. --
Wanda Sang, City Clerk
To be published: April 4, 1997
Wheat Ridge Transcript
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
T0: Board of Adjustment
DATE OF MEETING: April 24, 1997 DATE PREPARED: April 17, 1997
CASE NO. & NAME: WA-97-7\WII,LIAMS- CASE MANAGER: Sean McCartney
ACTION REQUESTED: Approval of an 18' sideyard setback variance to the required
30' sideyard setback, when adjacent to a public street.
LOCATION OF REQUEST: 6150.. W. 42nd Avenue
NAME & ADDRESS OF APPLICANT(S) Jay Williams
6150 W. 42nd Avenue
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA: 8,924 square feet
PRESENT ZONING: Residential-Two
PRESENT LAND IISE: Residential Single Family
SURROUNDING ZONING: TL7:, ~;, ,~;, and $: Residential-Two
SURROUNDING LAND USE: W:, g;, ~;, 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 Regort
Case No. WA-97-7
I. REQUEST
Page 2
The applicant is requesting approval of an 18°_ side yard setback
variance, to the 30' side yard setback requirement for the proposal of
a 22' X 31', two-car garage. If approved, the two-car garage will be 5' -_
from the rear property line and 12' from the east property line.
According to Section 26-15(F) of. the Wheat-Ridge Code of Laws, a
detached garage built in the Residential-Two zone district must retain
a 30' minimum side yard setback, when the side yard abuts a public
street.
Currently, the property does not contain a garage or carport; therefore
the applicant parks his vehicles uncovered on the south portion, of the
property.
II. CRITERIA
Staff has the following comments regarding the criteria to evaluate an
application for an adjustment:
1. Caa the property in questioa yield a reasonable return in use,
service, or income if permitted to be used only under the
coaditions allowed by regulation for the District in which it is
located; and,
Yes. If denied, the property may still be used as a single-family
residential. .The applicant does have area on the. property to park his
vehicles.
2. Is the plight of the owner due to uaique circumstances; aad,
Yes.- Although the property is relatively square, the existing 1,254
square foot single-family dwelling is placed in the middle of..the
property (apparently due to setback requirements). Because of this,
there is no development potential on the west property line, and
development in the rear of the house would require the removal of an
existing. porch and play area.
Board of Adjustment Staff Report
Case No. WA-97-7
Page 3
3. If the variation were granted, would it alter the essential
character of the locality; aad
Yes. Approval of this variance-would allow for the only structure
placed within 30' of Ingalls Court. All of_the other properties in the
neighborhood have structures built to comply with setbacks. Yet,
enclosure_of the current parking area would aesthetically improve the
surrounding neighborhood.
4. Would the particular physical surrounding, shape, or topographical
condition of the specific property involved result in a particular
hardship (upon the ownerD 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 square site, located in
relatively level area of-Wheat Ridge. Therefore, topology does not
create any type of hardship.
5. Would the conditions upoa which the petition for a variation is
based be applicable, generally, to other property within the same
zoaing 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 bees created by any person
presently having as interest in the property; sad,
Yes. The applicant, who has interest in the property, has created his
own difficulty or hardship.
Board of Adjustment Staff Report Page 4
Case No. WA-97-7
8. Would the granting of the variations be detrimental to the public
welfare or injurious to other property or improvemeats in the
neighborhood in which the property is located; and,
No. Because the applicant currently accesses parking space on the same
side of the property for which the garage is proposed, there should-not
be any harm to the public's 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 iacreased the
congestion in the public streets or increase the danger of fire or
endanger the public safety or substantially dimiaish or impair
property values within the neighborhood, and
No. The applicant, although requesting a variance for setbacks on the
east property line, will develop the proposed garage to comply with the
rear setback requirement. Therefore, the property to the south will not
be adversely effected.
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, 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 is permitted, it may benefit the neighborhood by allowing for the
existing parking space to be enclosed, thereby creating an aesthetically
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.
_ _ __
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Cathy and Ralph Cocozzella
119.54 w_ ZSth PI.
Arvada, CO 80005
To whom it may concern
April 21st, 1997
This letter is to inform you that we are the homeowners of the properly at 4167 Ingalls
Ct and that we have no opposition to Jay Williams building a garage on his property
located at 6150 W. 42nd Ave.
If further information is needed you may contact us at 425-9375.
Thank you
~~~~~
Cathy ocozzella
Ralph Cocozzella
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OEEIGI~L
ZONING MAP
WHET RIDGE
coLOlz~Do
MAP ADOPTED: Juno I5, 1994
Last Revision: October 10, 1996
J
-ZONE DISTRICT BOUNDRY
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P.O-BOX 638 _TELEPHONE: 303/237-6944 The City Of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 60033 cWheat
Ridge
April 9, 1997
This is to 'inform you that Case No. WA-97-7 _whgch is a request
for approval of a 18' variance to the 30` required sideyard setback adjacent
to a public street for property zoned Residential-Two
for property located at 6150 W. 42nd Avenue
will be heard- by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of-the Municipal Complex, 7500 West 29th Avenue
at 7:3'4 1?. M,_ ,_on April 24, 1997
All owners and/or their legal counsel of -the parcel under
consideration must be present at this hearing before the BOARD Or
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
"Tlzc~ Ca.~°rt:ation City"
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IMPORTANT! PLACE STICKER Ai TOP OF ENVELOPE TO ~ _.. _~____ ~
!_ ~ THE RIGHT OF RETURN ADDRESS. p -_ - - _ d _ _~ __
wra•gh•~.
. ,.
** cooz ** coo2
Arline J ITe Gooyer Edna C Toohey
4170 Jay ST 4180 Ingalls ST-
Wheat Ridge CO 80033-5021 Wheat Ridge CO 80033-.5127
** 0002
Elmer F Carson
6275 W 42nd Ave -
Wheat Ridge CO 80033-5142
** C002 ** C002
Edna Viola Regester Michael J Parsons ** C002
6190 W 42nd Ave 6155 W 42nd Ave Jay M Williams
Wheat_Ridge CO 80033-5144 Wheat. Ridge CO 80033-5109 WheatWR~dge COe80033-5144
** C002
Martha O Olson ~~ ~„~„~,~~ .(31'~Gtv~~ ~~~~~~~~
6135 W 42nd Ave L(1_'1Q ~~.t(frkj„~ ~,,~,, IIR~~-# blI 7r7~^ f L
Wheat Ridge CO- 80033-5109 ~~~, ~~~~~ ~ ~~ ~~~
PUBLIC HEARING SPEAKERS' LIST
CASE N0: WA-97-7 DATE:
REQUEST: An application by Jay M. Williams for approval of an 18' variance
to the 30' required side setback adjacent to a public street. Said property
is zoned Residential-Two and located at 6150 W. 42nd Avenue.
Position On Request;
~ ; (Please Check) ;
i SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) i IN FAVOR i OPPOSED ~
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WHEAT 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 locat$on.
Mr. M Coy explained .the roof-line break and said the style.
will be a Dutch. Gable. He submitted his plans nd gave a
brief exp anation.
Chairman HOV wanted to know if there wee other options,
and Mr. McCoy .tated behind his house to t e southwest is
his patio, and acing the garage there ~j°uld impact the
view of .the moun ains and close everyth ing in, plus he would
also have to acre the garage from W.~Sth Avenue
No further questions were asked.
Motion was made-by Boar`_ Member BOTT that Case No. WA-97-
6, an application by Jam s McCo be APPROVED for the
following reasons:
1. The neighbor to the soy. h has a 22' sideyard setback
from the property lin f c mmon with the applicant.
2. Alternative locationtoie north or backyard did not
seem to be reasonab e or of ective.
3. The neighbor most ffected-bmitted a letter in favor
of the applicant's proposal.
4. The garage addi ion may benef the neighborhood by
allowing for t e existing parki g spaces to be enclosed
and creating aesthetic look ~ the property.
WITH THE FOLLOW~'NG CONDITION:
1. The gar e addition shall be built as"`~described in the
drawi submitted to the Board.
Motions seconded by Board Member ECHELMEYE~ Discussion
follow regarding the aesthetic look for the neighborhood.
Motio carried 5-0. Resolution attached.
B. tease No. WA-97-7No. 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,
MIND'TES OF MEETING: May 22, 1997
v -' >
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 would only
be 4 feet if the applicant built a single car garage and
faced it on 42nd Avenue, and Mr. McCartney agreed and said
that would bean option.
It was noted there were no objections registered regarding
this case. Mr. McCartney added the required setback of 5'
will comply on the south side.
The applicant, Jay Williams, 6150
in. He entered into record three
stating no objections to this request, labeled Exhibit `A'
Mr. Williams said he is trying to
aesthetically. Most of the house;
attached garages, but also are on
basements. He said his frontyard
is small, and the house is set in
position. If_he lines .the garage
lose light from three windows.
W. 42nd Avenue, was sworn
letters from neighbors
improve the lot
s on the block have
higher ground and have
is gigantic, the backyard
a really peculiar
up with the house he will
Board Member ABBOTT was concerned with haw far the applicant
will be from his neighbors to the south fence line, and Mr.
Williams answered 5 feet-. Board Member ABBOTT thought this
was larger than a standard two-car garage, and Mr. Williams
explained that the proposal is for a two-car garage, but
part of the diagram also includes the covered walkway.
The exterior will be siding with-the corners being two-tone
brick. A brief question and answer period ensued regarding
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 -
a ~,
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WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: May 22, 1997 Page 5
the setbacks and landscaping. The applicant also told
Chairman HOVLAND he needs the 5' to maintain the back of the
garage and to keep his trash cans from view. Board Member
ECHELMEYER questioned the elevation of the plans submitted
being incorrect, and Mr. Williams agreed and said when
they are revised-he will submit them to the building
department for review.
No further questions were asked.
Motion was made by Board Member ABBOTT that Case No. WA-97-
7, an application by Jay Williams, be APPROVED for the
following reasons:
1. The dwelling has no garage.
2. An attached garage will be impractible and cost
prohibitive.
3. Two vehicles historically have been parked uncovered in
this proposed location.
4. The garage may benefit the neighborhood by allowing the
existing parking spaces to be enclosed, thereby,
creating an aesthetically pleasing look and general
improvement to the property.
WITH THE FOLLOWING CONDITIONS:
1. The setback to the south shall meet the ordinance.
2. Exterior siding shall include brick as described by the
applicant.
3. As described by the applicant, the north wall shall
include a porch and windows, the northern garage wall
shall be vegetated, and the structure will include a
breezeway.
Motion was seconded by Board Member MAURO, and carried 5-0.
Resolution. attached.
• w - 7- An .application b ilding
Center fo frontyard setback variance to
the 50' yard setbac r or the construction
fenced storage yard. The property is i
WHEAT RIDGE BOARD OF ADJIISTMENT
MINIITES OF MEETING: May 22, 1997.
Page 6
Commercial-Two and Light Industrial zone districts and
located at 5026 Ward Road.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted. If this 15' setback is approved, there will be a
2250 square foot landscape variance added to this request.
Board Member ECHELMEYER questioned why the limit on the
lumber only being stacked 6' high, and Mr. McCartney stated
in the zoning ordinance-the screening of-material must be
with a 6' fence, and no storage shall go beyond that height.
Discussion on restrictions ensued. It was noted the
applicant currently is in violation of two ordinances -
(landscaping and outdoor screening). Board Member ABBOTT
feels there will be no benefit to the City or citizens by
granting this variance because the applicant is required to
do the landscaping and screening anyway.
The triangle shaped piece of land south is owned by the
Burlington Northern Railroad. Chairman HOVLAND was
concerned with sight triangle encroachments from the drive
to Ward Road, and Mr. McCartney replied the sight
requirement on driveways is 15' x 15' (measured from flow
line), so if the fence is 15' back, they are out of the
sight triangle. The Board discussed lessening the setback
request and the regulations that apply. ,
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No further questions were asked.
The applicant, Lee Jordan, 14470 W. 56th Place, Arvada, CO,
was sworn in. Mr. Jordan submitted a plot plan for review,;
labeled Exhibit `A'. He said the property in question for .
this storage had old trucks, storage sheds, semi trailer,
backhoe, metal drums, etc, and was in a state of disrepair;
and an eyesore to the neighborhood. The old house on the
property was demolished and then-went into receivership: ""
Mr. Jordan bid on the property, and paid a high price for -
it, as the lumberyard had no opportunity to grow. He talked
on his remodel and said they want as much usage out of the
land'as possible. .,
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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 Ma„v ,.1997.
CASE NO: WA-97-7
APPLICANTS NAME: Jay M. Williams
LOCATION: 6150 W. 42nd Avenue
Upon motion by Board Member -ABBOTT seconded by Board Member
MAURO the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application,-Case No. WA-97-7
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-97-7 be and hereby=is APPROVED.
TYPE OF VARIANCE: A 18' side"yard setback
FOR THE FOLLOWING REASONS:
1. The dwelling has no garage.
2. An attached garage will be impractible and cost
prohibitive.
3. Two vehicles historically have been parked uncovered in
this proposed location.
n i. _ • '
Case No. WA-97-7/Resolution
Page 2
4. The garage may benefit the neighborhood by allowing the
existing parking spaces to be enclosed, thereby, ~~
creating an aesthetically pleasing look and general
improvement to the property.
WITH THE FOLLOWING CONDITIONS:
1. The setback to the south shall meet the ordinance.
2. Exterior siding shall include brick as described by the
applicant.
3. As described by the applicant, the north wall shall
include a porch and windows, the northern garage wall
shall be vegetated, and the structure will include a
breezeway.
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.
BF~IIL HOVLAND, Chairman
Board of Adjustment
Mar} of Chapla, Secretary
Board of Adjustment