HomeMy WebLinkAboutWA-97-9d
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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 ~,
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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 ~~
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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
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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
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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
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(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
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(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
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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;
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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