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Home My WebLink AboutWA-97-9d .~ The City of ~1Vheat ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 .arNyyy6111~ c ii yll;)Y I ~~,( Address Co~~a l.t) (tin a„},~~I„`one~j~ Owner C~a ~)1 r~ ~ ~ ~ P,r Addressfl~~~ ~ (p~~Phone 9C/~'j ..~~~/ Location of request ~J''J[/IS ,d • < 5 ~r.r,P /.'~,, .~, ~~~~j~/,r ~/I~~ /~l k Q {~ 1~D~~ 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 Preliminary Final ^ ** See attached procedural guide for specific requirements. Detail 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 of List, all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. 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 ust submit power-of-attorney from the-owner which approved of this a on his behalf.. Signature of Applicant ~~,/~(,/,~ ~j~ ~jn,!nd~ Subscribed and sworn to me this ~ day of ~ 19 ~_,__ (~x~~ G a_ r~ otary Public SEAL My commission expires ~~- ~' Date Received ~#-a•q'.~- po,.e;.,+ ,..., ~.¢ac 1v V . RECEPTION NO. F0241473 15.00 -743 RECORDED IN JEFFERSON COUNTY, piipaE2I2PiN'1'Y DEED THIS DEED, Made this day of May 24, 1996, between CHARLES L. ASNICAR AND MARY L. ASNICAR COLORADO of the County of JEFFERSON and State of COLORADO, grantor, and DAVZD J. KAISER whose legal address is 6732 W. 65TH AVENUE, ARVADA, COLORADO 80003 of the County of JEFFERSON and State o£ COLORADO , grantee: PG: 0001-001 5/28/96 12:45 CUP ~, ~~ I WITNESSETH, that the grantor, for and in consideration of the sum of 589,950.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in. the County of JEFFERSON and State of Colorado, described as follows: TRACT 4, THREE ACRES SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. ~ CG1 G LL ~~ L C , Q f F L also known as street and number 7765 THREE ACRE LANE, WHEAT RIDGE, COLORADO 80033 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 all the estate, right, title, interest, claim and demand whatsoever of the said grantor, 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 appuztenances, unto the said grantee, their heirs and assigns forever. And the said grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has 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, taxes, assessments, encumbrances and restrictions of whatever kind ar nature soever, EXCEPT FOR TAXES FOR THE CURRENT YEAR, A LIEN EUT NOT YET DUE OR PAYABLE, EASEMENTS, RESTRICTIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD, IF ANY, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the to set forth abyo'v~e. ~~ n~~ y} ~ ~ JJ YLI.~GI/li - ---- -- ~ ----. .- .. ..--.- `~-~• HARLES L. ASNI~e /T~ ~~~'~ :ins '~l/~f//1 ~'ti ~~.~~ - - -- AR~L. - ICAR - STATE OF COLORADO }93. COONTY OF JEFFERSON } The foregoing instrument was acknowledged before me this day of May 24, 1996 by CHARLES L. ASNICAR AND MARY L. ASNICAR My Commission expires: August 13, 1996 Witness my hand and official seal. .plaaooaa°.saasb KRISTINE .lORC~+I'd SHILL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 8.13.96 932A Rev. 7-B4 WD ]Photographic Record] Cases 50104 DOC FEE 59.00 DATE 5/15/96 FEE 85.00 ~oert96-2150 RI.E.P~1" tMORTCncE co. COLORADO NATIONAL TITLE L A N D S U R V E Y I N G ADDRESS 7765 THREE ACRE I_N. 8460 WARD ROAD SUITE 160 _ BORROWERS NAME (AISER ARVA DA, COLORADO 80002 (303) 420.4768 LEGAL DESCRIPTION _ IMPROVEMENT LOCATION CERTIFICATE IPER CLIE!!T, Attn. CHRIS ;; TRACT 4 THREE ACRE SU6DIVIS~ION,COUNTY OF JEFFER^ON, SPATE OF COLORADO • I V 0 V 3.0 ~~~ wore: __ SVRVEY IS DRAWN USING vUTTE04N6LE5 OR _._._._T^ 1 ,/( r~ ~ t GEARINGSAND gMEHStONS ,.,, `~~ ~.S , 1 I'1 rZ ~~ ~ /~} Gym ~ L N,r r Cy Q ` 2 c~(,cJ~ On the basis of my knowledge, information and belief, I hereby certify that-tttis~improvement location certificate was prepared for ~'' / ,that it is not a Land Survey Plat or improvement Surv9y~2r.~,~~dh~k3EI'£'It~faoT TbE relied upbn for the establishment of fehce, building, or other future improvement lines, I further certify that the ' provemen on the above described parc¢I on this date, except utility connections, are entirely within the boundarie of the pare ,except as shown, that there are no encroacliments upon the described premises by improvements on any joining pre ses, except as Indi nd that [here Is no apparent evidence or ~~~ Il~ sign of any easement crossing or burdening a part of sai parcel, excep\\~,9. Q E$~S invv ~`~ I "NOTICE: Accord/ng to Coloratlo law you must ommenca an legal action ~ iy~p!~ v~rY.Jhis survey within three years a/fer you first discover such defect. In no event, may any ac No based upon ny defer[ f~I~~~~~cA/nife~hjnore than ten years /rom the date o1 the certification shown hereon," a ~,_ o, ~~~"~'fPPf^._ _ 27268 $.rS 1 I W , l ` - tITiA AVR- - _ W 38TH AVE -- - T T1' ~- 0~~~ `~ I ~~ -ZONE DISTRICT BOUNDRY ZONI I ~l~ J IT~P -PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) W H E T iZ I D 6~ DENOTES MULTIPLE ADDRESSES GOLOi~~hDO MAP ADOPTED: }une 15, 1994 Last Revision: January 9,1995 DE'hRTMF1IT OF Fl.hM11N6 MD DEVEAPt~ENi -235-7851 1~ 1 J m ~~ _ T~1 ( ~ waix - o mid scALE r~aoo ~ G_ L: \DRAWINGSIPLANNING\OS\SW23 (C) 1996 TRW REDI Property Data --- 1) ------------------------ MAID ADDRESS: -----------------------------------------------J= x_801-~~F~ORIDA AVB- MAIL CITY: DENVER-CD- MAIL ZIP+4: 8Q210--2571.- OWNER A/O: A OWNER NAME FULL: ACTION RECYCLING..CORPORATIN SITUS ADDRESS: -~~L-0 AVE°"'~' SITUS CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: _80033-45QO 2) MAIL ADDRESS: _132.00 W_Z2ND AVE - MAIL CITY: ARVADA~O_ MAIL ZIP+4: =80005-4632_- OWNER A/O: A - -- -- OWNER NAME FULL : ~TARALE_` ~ SONS- 3,.1MTTED._LIAB__- SITUS ADDRESS: ~~l(~W?12~V~_ SITUS-CITY: -WHEAT RIDGE - -- STATE: CO SITUS ZIP+4: 80033-4500 -_ - - 3) MAIL ADDRESS: 1924 S 110-~=E- H MAIL CITY:. -SALT LAKE-CTY_UT_ MAIL ZIP+4: - 84105-3432 OWNER P./O: A OWNER NAME FULL: ~T~~n'?~?N_;~AN&GEMENT-CORPORAT_ SITUS ADDRESS:..- ' ~D- _ --,_--T-_--- SITUS CITY: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033-4601 7) MAIL ADDRESS : 4555'LELI~EA = ST MAIL CITY: WI3~AT~tII2GE- CO_ _ MAIL ZIP+4: -80033-3407 OWNER-A/O: - A OWNER NAME FULL: ~,ZSLE_ANNE EEA SITUS ADDRESS: ~1-~5'L4O~£TFI:. BLVD SITUS CITY.: WHEAT RIDGE STATE: CO SITUS ZIP+4: 80033.-4618 » Reported data believed to be reliable but accuracy is not .guaranteed «" 'DAVID kAl`~EIZ- 4?32. w . ~r~e`' AVM ,~azvaDa ~o ~i o00 3 (C) 1~T~2W REDI Property Data 1) MAIL ADDRESS: 1 2.0E MAIL CITY: -AR A_C- i MAIL ZIP+4: °80 -4632 OWNER A/O: A OWNER NAME FULL: , W DLE & SO I$'IIT&D LIABLITY CO1~'IP SITUS ADDRESS: ~ 50 THREE ACRE LN SITUS CITY: EAT RIDGE -- STATE: CO SITUS ZIP+4: 80033 _ __ .__ » Reported data believed to be reliable but accuracy is not guaranteed « ;- _, 7500 West 29th Avenue -Wheat Ridge, Colorado The City of Telephone 303/ 237-6944 Wheat Ridge Juue I2, 1997 This is to inform you that Case No. WA-97-9-9 which. is a request for agnroval of a 25' lot ~~ width variance, to the 100' lot width r ~luirement and a 6~n cq ~arP font Inr araa varia e, to the 12,500 s~uarP f.,~+ lot ar a r q it m n and located at 7765 Three Acre Lan wil I be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 n•m•, on Thursday June 26,_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 desires to review any plans, please contact the Planning Division. Thank You. PLANNING DIVISION -'- [~ t f r i U1 W W 0 0 ~- --" v 77 LJ ~~ ~~ _. =~ ~~ ~~ ^,~ H1 W O -- -'-'.L _ --- ~ _-- - -- - -. - - ~.. ~ ~ ~ : ; ~ P 963 362 146 -" - ~~ 4J G R 8 ;~ ~' O " ..~° ° - w m k U a ~ :.r a~ ~.~ . i (p C •.s µ 6 ~ o .,. ~_ Q ~ ~ ~ N D ~• N D D ~ O. j~ • Q O' p~ ~ -mi ~ ~• ~.. ` n F. ~ ° ~'. O' m 9 m ~ ~ , ti ~` , , n o ti Z N ~ ~ ;f F? ~ N o ~ ~ L ~ 0 ': o Bio ~' _ "~ J ~ ° c o ... ~ ~ _ ~ m ~ N . r _ , j ~ v ^ m ~ -~ D Z ~ L C ~ c' r r'" '~ G ~ ~ p ~ g ~ ~u o I W m` a K a; R am , , P 963 362 147 ~ _ ___a m :, b ~" ~ ~ 3 ~ e ,"~ ~ R• r, E, a , ° ~ s F m A n y ~ O ~ ~ ° x o Q N Y~ ~ OJ T -: C 3= m' a ~ N - - ~ o m e ae - _. .... ~ ~ m a o '~ ~ ~ H ~ a ~ x ' ~ ~ a a 3 P 963 362 148 ~4 _-_ =90~ ~ _ l d ~, ~ a o -- l ~' - - ~r ~ $ ~ W ~ ~g y+ ~ v~ I t cP a> N~,O~ ~ a W R ,R• f O O n o .oA' .~'' n o ~ Di ~ 8 ( t~n~ ~ m' (gym `° O o of rV\ ~ 'p z r ~ m~ n I n' =: tyn ~ n tS N ~ a- ~ F+ z'z o e"no m ~ .37 ~ `D- ~ m -O Z o ~ E C fk n o m <b -, ~ n '~ 07 m m a m o O' tom a?"' ~J w m 'n W ~ ~~+ o cy ~ g" ~~ I I ~ Q m °' ~mNyo m H €a 11 ~. ~ ~ ~ ~ ~ o y o m (~ - <y I II ~ m n N A ~o a~ I`. v r o ~~ a~ ~. < W ~o fk ~ ~ ~ ~ ~ ^~ 1 ~_~ IMPORTANT. PLACE 5711 THE RIGHT ~I~ H ` m 1I TOP OF ENVELOPE TO ~I-_ , . i 1 71 W W O Q __ ,~ N _.._ m -- - N - - -- - - - y w - y y s o' "O 1'~l (n JJ } m rv ~ ~ Z t_ < n ~ A ~ ~ P 963 362 151 } - ~ ~ a a ~ ~ -w ~ j a ' I 1 n' ° ~ ~' f ~ U ~ ~ - o . ° (n m m m ~ u . s m < m ~ Z ~ - ~ ~ m ~ 2 r` ~' ~^ ~ E o H m ~ ~ ~ o ~ fw , ~ ~ " Y^mr n , , . T ' 0 3 3 m ~ a t0 (O "V ~ : Y~• a ~ ~ u ~ 1 ~ lA N o y ~ of i ~ (n' ~ n° o ~ ~ Ut N ~ m~ ~ ~ ~ ~ ~ ~ ? - ~ " o mo 4 ~ , yam °o~ 1 m ~ ~ , n `~ ~a 3 ~ ~ ~ yz ' ' ~ fL ~ o -m m ~ y ~ ~ ._ ¢ p a n ~s T a `D I ~" a " ZT N yg 9 O \ _ ~ ~ 1 ~ V ~' W N D ~~ ? ~y = s i . rn v m ~ _ ~z p ~ c ~m p y P 963 362 152 _ ~ n .. E ~ _~' ~ _ f- _ p. n ~ 9 0 _ ~ ~G N ~ m ~ m ~ G fR ~ t.. ~ ~a $N -i7 'O Z m y i I ~ ~. m (~' m Z ~ Ei - >a - ~ F °- ~ o ' ~ ~ ~ ~ Y ~ Q m 1M ('. rw £ ~ g 3 ~ S m i ~ ~ ~ d V Ia I I ~ -_. o> t p ~ p ~ H ~ m ~ ~ m p p 7 N~ ~ n of ~ t m ~. 9 ~. R' o $ ~, o m v,o ~ 1 ~ C y s a _ F vz m ~ 111 `° ~ 3 C ~3 47t 10 'z~ o y < m 111 I ~ ~ ~ m ~ o / V' ~T ~ ZO N Z v Kn ` ' n w i D v T Oy 6 Lei ? W ~ L D~ ~9 y m O (p ~ <=~ N_ 9 C O ~ ~ - ~ 2 N 3 n - ` ~ - m m v 6 ~ a O p a ~~ ' ~ ~ r a ~ ~ Q r. o W ~ ~ n D ~ ~ m ~v ~ o ~ -~ ~o ~ ' ~ N ~~ipy f m 'c ~(~m n R1 °m Q W Q .~-~ zJ D ~ o D ~ d ~ ~ ~ N Q y. 9 ~ C C ~ 0 ~. o ~ ~ Q w T D- 3 m y y o ~ v I I~ o.N 0 N - o~ p ~:N ~ f (D ~ ~ ~ y _~.D Nom. ~ ~/~ ~ o x ~ ~ N Lf1 ~ ~ d N ~ y~ N '< N % i ~~ -a+ -- a m ~+wm I ~ O I I m i __ I _ __ ___ ~ ~~a.~sz- IMPORTANP. ~ PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. F ~ _ _ _ __ _ _ _. _ _ _ _ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: June 26, 1997 DATE PREPARED: June 18, 1997 CASE NO. & NAME: WA-97-9\ Kaiser - - CASE MANAGER: Sean McCartney ACTION REQUESTSD:Approval of a 25' lot width variance, to the and a 650 square foot lot area variance, to the 12,500 square 100' foot requirement, requirement. LOCATION OF REQUEST: 7765 Three Acre Lane NAME & ADDRESS OF APPLICANT(S) David Kaiser 6732 West 65th A venue Arvada, CO 80003 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 11,850 square feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Single Family SURROUNDING ZONING: N• Restricted-Commercial, S• Residential-Three, ~ and arL: Residential-Two SURROUNDING. LAND U58: ~ ands,-: vacant, ~ and w: Single-Family DATE PUBLISHED: June 6 1997 DATE POSTED: June 12 ,. 1997 DATED LEGAL NOTICES SENT: June 12, 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 REGIILATIONS ( ) OTHER JIIRISDICTION: The_propeYty 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-97-9 I. REQUEST The applicant is requesting the approval of a 25' lot width variance, to the 100' lot width requirement, and a 650 square foot lot area variance, to the 12,500 square foot lot area requirement. The applicant has been before the Board of Adjustment on September 12, - 1996, asking the same request. The previous case was_ denied, but the applicant feels as though they made improvements to the property, that should warrant approval (a copy of the minutes from the previous case- has been enclosed. Please refer to the minutes for the resolution). Section 26-15 (F) of the Wheat Ridge Code of Laws states that a duplex, located in the, Residential-Two zone district, must retain a minimum lot- width of 100' and a minimum lot area of 12,500 square feet. Because the applicant is only performing internal improvements; there is no need for __ any setback variance. Due to-the current moratorium on building permits. for duplex conversions in_the Residential-Two zone district, the applicant must wait until September 30th to complete__the internal improvements, should the variance be approved. 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 retura in use, service, or income if permitted to be used only under the conditions allowed by regulation for the District in which it is located; and, Yes. If the variance is denied, the property may retain it°s single- family use'. 2. Is the plight of the owner due to unique circumstances; and, No. There .are other properties, within Wheat Ridge, which do not conform to the minimum regulations required in their specific zone districts. Board of Adjustment Staff Report Case No. WA-97-9 3. Page 3 If the variation were granted, would it alter the essential character of the locality; and The essential character of.the_locality is single-family residential. If approved, the existing single-family residence will become a two- family dwelling. But, the physical structure will not change, as all of the modifications will be completed internally. 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 mire inconvenience if the strict letter of the regulations were carried out; and, No. The non-conforming status of the property came about when the City of Wheat Ridge became incorporated and adopted Jefferson Counties zone district overlay. Therefore, -the hardship is neither due to the physical surrounding, shape nor topography. 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, Yes. If the variance is approved, the applicant would be able to rent out both sides of the structure, allowing two-families instead of one.. 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. Board of Adjustment Staff Report Case No. WA-97-9 Page 4 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. As previously stated, .approval of the. variance is to allow for a duplex on a property that does -not comply with the development requirements for the- zone district.. Therefore; approval of this variance should not be detrimental to the publics health, safety and welfare, nor injurious to other property or improvements. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increased the congestioa 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. The variance request does not involve any exterior changes to the existing structure, therefore, approval of the request will not impair the adequate supply of light nor increase congestion or the danger of fire. - - 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? Approval of this request will not contribute to ..the neighborhood or community, but, it also will not negatively impact the community. This request is for a change in use of an existing structure, not a physical change to the structure. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 12, 1996 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made Board Member HOWARD, seconded by Board Member JUNKER to approve the agenda as amended withdrawing Case No. WA-96-31. Motion carried. 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. PiTBLIC HEARING A. Case No. WA-96-29: An application by David Kaiser for the approval of a 25' lot width variance to the 100' lot width requirement and a 650 square foot lot area requirement to allow a duplex on a property zoned Residential-Two and located at 7765 Three Acre Lane. Sean McCartney presented the staff report. All pertinent documents were entered -into the record, which Chairman- WALKER accepted. Board Member ECHELMEYER asked what the situation is on the trailer, and Mr. McCartney said he was told the motorhome is - owned by the applicant's mother. Her stay is temporary and the motorhome will be removed. Code Enforcement has sent a warning notice regarding other code violations. Board Member ABBOTT asked if any other physical changes are required other than the parking, and Mr. McCarthy replied no, parking is the only thing that distinguishes this from a single family. There are several smaller lots in the area that are all single family residential. Board Member THIESSEN asked if there will be a separate entrance -for the second unit, and Mr. McCartney said there is a separate entrance already on the north. The footprint of the house will not change at all. Board Member THIESSEN questioned if each unit had the one entrance, and Mr. McCartney answered yes. Board Member HOWARD said there are five homes in this subdivision and asked if they are all zoned Residential-Two and Mr. McCartney answered all the lots to the east are. zoned R-2, except for-the R-3 house across the street. an. .Y WHEAT RIDGE BOARD OF ADJtTSTMENT MINUTES OF MEETING: September 12, 1996 Page 3 The applicant, David Kaiser, 6732 W. 65th Avenue, Arvada, CO, was sworn in. He said both driveways were existing when he bought the home. He will pave both driveways and do upgrades to the house that are necessary. Mr. Kaiser bought the duplex for his family to live there. His brother and family will live in one side, and a single sister will live in the smaller side. Board Member ECHELMEYER wanted to know what the plans were for the trailer, and Mr. Kaiser explained the motorhome does belong to his mother who is staying there and helping with the clean up of the property. She was planning on staying to the end of the month, but if she has to leave tomorrow, that will be fine. Variance or not, the trailer (motorhome) will be moved. Dino Pesci, 3815 Garland Street, was sworn in. Mr. Pesci owns the house directly east of the proposed duplex. He has no objection to the duplex however, does have a few requests: 1. That only two families live on the premises, 2. That the existing structure not be modified to increase the physical size, 3. The number of vehicles parked across the street (5-6) be moved, and 4. They provide off-street parking. Mr. Pesci feels these are not unreasonable requests. Julie Kaiser, 7765 Three Acre Lane, was sworn in. Ms. Kaiser lives on the property in question ( her brother is the owner). The property is large and has room for two families. There cannot be any overloading of the property because one side has one bedroom and the other side has two small bedrooms. There will only be two cars in each driveway. No further questions were asked. Motion was made by Board Member HOVLAND, that Case No. WA- 96-29, an application by David Kaiser, be APPROVED for the following reasons: 1. The Board finds that based upon all evidence presented and based upon the Board's conclusions relative to the nine specific questions to justify the variance, the evidence and facts in this case cio support the granting of this request. WIiEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: September 12, 1996 Page 4 WITH THE FOLLOWING CONDITIONS: 1. .The conversion will be an internal enclosure only and not effect the footprint of the building as it exists. It has to comply with the existing setbacks and total lot coverage. 2. A building permit must be acquired. 3. A site plan showing adequate on-site parking be submitted to the building department. Board Member ECHELMEYER reminded the Board of the off-site parking problem and Board Member HOVLAND believed it would be covered in the on site parking plan to be submitted. Motion was seconded by Board Member THIESSEN. Board Member ABBOTT stated he-will be voting no on this request because there are no unique circumstances or specific differences. Board Member ECHELMEYER commented on the conversion only being internal. Chairman WALKER was concerned because each side only has one entrance/exit. Ms. Reckert added the building department will be reviewing this before the issuance of the Certificate of Occupancy. Board Member HOWARD will be voting no on this because all of the five residences on-that street are identical and feels if this request is granted they will see four other applicants for the same request in the future. Mr. McCartney said that block has a strong chance of having multi-family because of-the R-3 zoning across the street. It is zoned for medium to high density so it will not lose character. Mr. Pesci spoke again saying the applicant has the largest house on the block and most have small additions currently and cannot enlarge any further. Motion denied by a vote 4-3, with Board Members ABBOTT, HOWARD, and WALKER voting no. Resolution attached. C. Case No. TUP-96-10: An application by Greg Jeffreys for Chesrown Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial .Development located at 3601 Wadsworth Boulevard. PUBLIC HEARING SPEAKERS' LIST DATE: June 26, 1997 CASE N0: WA^97 9 REQUEST: An application by David Kaiser for approval of a 25' lot width variance to the 100' maximum lot width requirement and a 650 square foot lot area variance to the 12,500 square-foot minimum lot area requirement to allow a duplex. The property is zoned Residential-Two and located at 7765-3 Acre Lane. 1 ; Position On Request; (Please Check) ~ I ' IN FAVOR i OPPOSED i SPEAKER'S NAME & ADDRESS (PLEASE PRINT) ~ 1 1 _- ~ I I 1 ' i 1 1 ' I -- "- 1 1 ~ I ----------- -- - I 1 1 1 1 I I I 1 ' I .. - ~ _ i i 1 - I 1 1 1 ~ I 1 1 --- - - -_. - - - - - _ I .._ .. _ I-_ .. , I 1 1 _ 1 1 1 1 I I 1 1 1 I - I 1 _-__-_____-_-- -- _ _ - - -. - ;.- 1 I 1 1 1 I 1 I I 1 ' I 1 _ I I 1 I - -- -- - _ --- - - - 1 1 1 1 1 1 1 1 _.-. - .1... 1 -1 I I I - -- - - 1 __ 1 I j i 1 1 I 1 -. _ I 1 - 1 1 1 - ___ - -- - - 1 1 1 1 ~ i I 1 1 _c , 1 1_ t. 1 l I 1 1 1 I 1 ~ 1 _.._. I . _. 1 I ~' 1 1 1 __ _. 1 1 I 1 1 1 I 1 _1 .. I i 1 1 1 I I I 1 1 I _ _____ _ -. ... 1- 1 1 _ I _ _ 1 1 i I 1 1 I 1 1 1 1 1 - .: I I 1 1 I 1 _ 1 1 1 1 . 1 - _ - I- 1 . 1 _ - - _ - - 1 1 1 1 1 1 I 1 'i -_.' Y __--. 1 1 1 1 1 1 _ _ - 1 1 I I 1 1 I - - 1 1 1 1 1 i - - - 1 1 1 1 1 1 1 1 i I 1 1 I 1 1 1 1 ~ I 1 1 1 r. 1 1 1 1 1 1 I 1 1 1. I I I ~ I 1 1 - 1 1 - I _ - - ~ 1 1 I 1 1 1 ~ 1 t 1 - 1' 1 - - - I ~ I _. I 1 1 1 ~ 1 1 i ~ 1 1 ~ - - _n ~ - - - 1 I 1 I 1 1 ~ 1 1 1 1 _ -. f - - ~ - ! - 1 _. _-1 1 1 I 1 I 1 1 1 1 i _ _.:, .. ... _ 1 ~ . .... 1 1 1 ~ 1 I 1 1 _ - - `. -" _ `-c_ .-- _ WHEAT RIDGE BOARD OF ADJQSTMENT MINO'TES OF MEETING: Juue 26, 1997 2. APPROVE TSE ORDER OF THE AGENDA Page 2 Motion was made by Board Member WALKER, seconded by Board -- Member MAURO, that the agenda be approved as printed. Motion carried. 3. PIIBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. Case No. WA-97-9: An application by David Kaiser for approval of a 25' lot width variance'to the 100' maximum lot_ width requirement and a 650 square foot lot area variance to the 12,500 square foot minimum lot area requirement to_al_low-, for a duplex. The property is zoned Residential-Two and located at 7765 Three Acre Lane. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND _ accepted. Board Member ECHELMEYER wanted to know what the moratorium pertained to, and Mr. McCartney replied it pertains to a mortorium on building permits, thus lowering the density within the City. It was noted the Board is not required to hear this case because it has not been one full year, however it was decided to go forward. The applicant, David Kaiser, 0365 Pinon Bill Road; South Fork, CO, was sworn in. Mr. Kaiser listed some of the improvements made that were of concern at the previous meeting: 1. Poured 38 yards of concrete which included patio and slabs. 2. Street improvement in front of the property including grading, leveling, and putting down gravel road base. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: Juae 26, 1997 Page 3 3. Put in 2 more exit doors. two landings; one cement and one redwood, and new steps and handrail. 4. Covered patio in back for both sides. 5. New front door on the addition. 6. Two fire escape egress windows (with ladders)-in the basement. 7. A 110-volt fire alarm system with smoke detectors in every corridor.- The applicant's sister and brother still live in both sides of the `duplex'. There are two furnaces, but they currently split electric and gas, however, Mr. Kaiser will get two meters as soon as possible. Further. work was done including new sidewalks, upgraded garage with new roof and new floor, stone sidewalks in the front with new-grass throughout the. property, pruned trees, and put new fencing in. Board Member THIESSEN stated the R-2 and R-2A zone districts are very similar, however the applicant meets the R-2A requirements, and wondered if staff had mentioned to Mr. Kaiser the possibility of rezoning, and Mr. McCartney replied the intent of the planning department is not to spot zone, and at this point, getting a variance would be easier. In answering Board Member ECHELMEYER's- question, Mr. Kaiser said the trailer his-mother stayed in is gone. The applicant spoke on taxes and the surrounding neighborhood,. and added he did pull permits on all work done that required them, and he will continue doing so. It was noted there were no inquiries regarding this request. No further --- questions were asked. Motion was made by Board Member THIESSEN, that Case No. WA- 97-9, an application by David Kaiser, be APPRO.'VED with the..- following conditions: _ 1. Only two families live on the premises. 2. The existing structure not be modified to increase the _ physical size. 3. All concerns regarding the moratorium be met. WSEAT RIDGE BOARD OF ADJQSTMENT MINDTES OF M$~,TING: Juae 26, 1997 Page 4 Motion was seconded by Board Member ECHELMEYER. Motion carried 6-1, with Board Member HOWARD voting no. Resolution attached. C. Caa No. WA- 7- 3: An_application by Oliver Bochantin for approval of a 1'6" sideyard setback variance to the 5' sideyard setback requirement to allow for a detached garage. The property is zoned Residential-Two and located at 4655 Saulsbury Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER questioned if it-would be a-brick garage, and Mr. McCartney replied there. are no requirements on that, however a brick structure would be considered non- flammable, so they would-not have to have the 5' separation unless there would be a window. The applicant, Oliver Bochantin, 4655 Saulsbury Street, was sworn in. He said if the City requires the garage to be brick then he-will comply. He corrected the staff report saying it is actually 20' 6" between the property line and the neighbor's building. Board Member THIESSEN stated this is an exceptionally large garage and wondered if the applicant will be doing commercial work, and Mr. Bochantin replied no, and other than storage and work shop, the main reason is for storage of their three family cars and two antique cars. A 24' is a standard garage and he would like to stay with that. He wanted to move the garage further toward the back, but it would interfere with his backyard.- There will be a concrete driveway to the garage. Board Member ECHELMEYER was concerned if the garage is frame and brick would.-the 5' be sufficient for fire protection, and Mr. McCartney replied yes, that is all that is required by code. CERTIFICATE OF RESOLIITION 2, 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 day ofd, 1997. CASE N0: WA-97-9 APPLICANT'S NAME: David Kaiser LOCATION: 7765 3 Acre Lane- Upon motion by Board Member HTE S N seconded by Board Member E HAM v.R the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer;_and , WHEREAS, Board of Adjustment Application, Case No. WA_~ 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-97-9 be-and hereby is APPROVED. TYPE OF VARIANCE: A 25' lot width and a 12,500 square foot lot area FOR THE FOLLOWING REASONS: 1. Only two families live on the premises. 2. The existing structure not be modified to increase the physical size. 3. All concerns regarding the moratorium be met. VOTE: YES: Echelmeyer, Hovland, Junker, Mauro., Thiessen, and Walker N0: Howard DISPOSITION: Variance granted by a vote of 6-1. DATED this 26t~f June, 1997. ~,sL~`it`S, ~ C~`Ct'olC~ . AUL HOVLAND, Chairman Ma y~u Chapla, Secs retary Board of Adjustment Board of Adjustment