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HomeMy WebLinkAboutWZ-97-9/MS-97-37500 West 29th Avenue `'Wheat Ridge, Colorado 80033 Telephone 303/ 237-6944 June IZ, 1997 Ridge The Wheat Ridge Department of Community Development has received a request for approval of a two-lot minor subdivision and a re-ohi~from A-1 to R-lA at the property described below. Your response to the following questions and arty comments on this proposal would be appreciated by,Tufy 25. 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-97-3 and WZ-97-9/Johnston LOCATION: 4313 Jellison Street REQUESTED ACTION: Rezoning from Agricultural-One to Residential-One A and a 1-lot minor subdivision.. PURPOSE: To reduce the size of property the applicant must maintain. APPROXIMATE AREA: 90, 765 sq. jt. ' I. Are public facilities or services provided by your agency adequate to serve this development? X ~t0 If "NO ", please explain below. YES_ -. ... .. .. _.. ? Are service lines avaifable to the development? YES X NO If "NO ", please explain below 3. Do you have adequate capacities to service the development? YES~_ NOS ,If "NO ", Please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES X NO_. If "NO ", please explain below. 5. Are there arty concerns or problems you agency has identified which would or should affect approval of this request? Please see attached, letter Please reply to: Sean McCartney - Department of Planning & Development DISTRIBUTION: X TCI of Colorado X Water District (Valley) Jeffco Health Department X Sanitation District (Clear Creek) Je co Schools Jeffco Commissioners X Fire Drsirict (Wheat Ridge) X Denver Water Board Adjacent Ciry () X Wheat Ridge Post Office X Public Service Co. X Wheat Ridge Police Department X US West Communications X Public Works Dept. State Lane Use Commission X Wheat Ridge Park & Rec Commission State Geological Survey Wheat Ridge Forestry Division Colorado Dept. Of Transportation Wheat Ridge Building Division Colorado Div. Of Wildlife The City of Wheat "The Carnation City" ~~ 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 ~ZBllt Telephone 303/ 237-b944 ~ RICjgB June (2, 1997 The Wheat Ridge Department of Community Development has received a request for approves! of a two-lot minor subdivision and a rronin from A-! to R-IA _ at the property described below. Your response to thefollowing questions and arty comments on this proposal would be appreciated by •Ir~Iv 25. 1997. ~No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-97-3 and WZ-97-9/Johnston LOCATION: 9313 Jellison Street REQUESTED ACTION: Rzoning from Agricuftural-One to Residential-One A and a 2-lot minor subdivision.. PURPOSE: To reduce the sire ofproperry the applicant must maintain. APPROXIMATE AREA: 40,76.1 sq. f1. I. Are public facilities or services provided by your ageruy adequate to serve this development? YES /~ NO_ If "NO ", please explain belowy.~, 1. Are service lines available to the development? f r 1 YES NO_ Ij "NO ", please explain below. 3. Do you hav adequate capacities to service the development? YES ~NO /f "NO", please explarn below. 4. Can and !your agency service this proposed development subject to your rules and regulations? YES NO_ !j "NO ", please explain below. 5. Are there arty concerns or problems you agency has identifred which would or should affect approval ojthis request? Please reply to: man McCartney Department of Planning & Development DISTRIBUTION.• X X Water District (Palley) X Sanitation District (Clear Creek) X Fire District (Wheat Ridgef Adjacent City () 'Y X Public Service Co: X X US West Communications X State Lane Use Commission X State Geological Survey '~ Coforado Dept. Of Transportation Colorado Div. Of Wildlife "The Carnation City" TCI of Colorado Jeffco Health Department Jeffco Schools Jeffco Commissioners Deriver Water Board Wheat Ridge Post Office Wheat Ridge Police Department Public Works Dept. Wheat Ridge Park & Rec Commission Wheat Ridge Forestry Division Wheat Ridge Building Division MEMORANDUM TO Sean McCartney Planning and Development FROM Deri Patt Police Department SUBJECT Case No: MS-97-3 and WZ-97-9/Johnson DATE July 14, 1997 From these plans, I have no recommendations: If plans are developed with more details such as the landscaping and building design, I will review them for suggestions. Thank you. Deri w 1 i . ! .t'. ~ a 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 WjZB(lt Telephone 303/ 237-6944 -- RLCl~b 8 June 12, 1997 The Wheat Ridge Department of Community Development has received a request for approval ofa two-lot minor subdivision and a rezoning from A-1 to R-JA at the property described below. Your response to the following questions and any comments on this proposal would be appreciated by,~ly 25. 1997. No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-97-3 and WZ-97-9/Johnston ~~~4:,/' ~4~ LOCATION.• 4313 Jellison Street /tJ~ ~~ REQUESTED ACTION: Rezoning from Agricultural-One to Residential-One A and a 2-lot minor subdivision.. , PURPOSE: To reduce the size ofproperty the applicant must maintain. APPROXIMATE AREA: 40, 765 sq. ft. !. Are public facilities or services provided by your agency adequate to serve this development? YES X NO If "NO", please explain below. Public facilities are adequate to serve a singTresidenfial structure 2. Are service lines available to the development? YES NO %~ Ij"NO", please explain below. See attached letter 3. Do you have adequate capacities to service the development? YF.S X NO If "NO ", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES % NO_ Jf "NO'; please explain below. 5. Are there arty concerns or problems you agency has identified which would or should afjec! approval of this request? Please reply to: Sean McCarlnev ' Department of Planning & Development DISTRIBUTION: X Water District (valley) X Sanitation District (Clear Creek) X Fire District (Wheat Ridge) Adjacent City O X Public Service Co. X US West Communications State Lane Use Commission State Geological Survey Colorado Dept. OjTransportation Colorado Div. OjWildlife X TCI ofCoforado Jeffco Health Department JeJfco Schools Jeffco Commissioners X Denver Water Board X Wheat Ridge Post Ogee X Wheat Ridge Police Department X Public Works Dept. ,r Wheat Ridge Park & Rec Commissiox Wheat Ridge Forestry Division Wheat Ridge Building Division "The Carnation City" { B -c's 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 ~l eat Telephone 3031237-6944 Rldb e June 12, 1997 M The Wheat Ridge Department ojCommunity Development has received a request for approval of a two-lot minor subdivision and a re~onine from A-1 to R-IA at the property described below. Your response to the following questions and any comments an this proposal would be appreciated by Julv 25 1997. No response from you by this date will constitute no objections or ' concerns regarding this proposal. ,?~~~^/ '~.' f P,e' N: CASE NO: MS-97-3 and WZ-97-9/Johnston ~~; /6/j~ LOCATION: 4313 Jellison Street ~ REQUESTED ACTION: Re=oningfrom Agricultural-One to Residential-One A and a 1-lot minor subdivision.. ~ ~, ,~,9 PURPOSE: To reduce the siae ofproperry the applicant must maintain. APPROXIMATE AREA: 40,765 sq. ft. 1. Are public facilities or services provided by your agency adequate to serve this development? y~ X NO_ If "NO", please explain below. Public facilities are adequate to serve a _. ... .- single residential structure , ?. Are service lines available to the development? YES NO X If "NO ", please explain below. See attached letter 3, Do you have adequate capacities to service the development? yES X NO_. If "NO ", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES X NO_ If "NO ", please explain below. 5. Are there arty concerns or problems you agency has identifred which would or should affect approval ojthis request? Please reply to: Sean McCartnr~ - . - Department of Planning & Development DISTRIBUTION: X X Water District (Yalfey) X Sanitation District (Clear Creek) X Fire District (Wheat Ridge) X Adjacent City O X X Public Service Co. X X US West Communications X State Lane Use Commission X State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife TCI ofCoforado Jeffco Health Department Jejfco Schools Jeffco Commissioners Deriver Water Board Wheat Ridge Post Office Wheat Ridge Police Department Public Works Dept. Wheat Ridge Park & Rec Commission Wheat Ridge Forestry Division Wheat Ridge Building Division "The Carnation City" SHEET PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80215 PROJECT FILE ~_ LOCATION FEATURE DESIGNED BY DATE The City of Wheat Ridge has adopted a requirement that, prior to application for rezoning of property to a higher use, or for properties in excess of one (I) acre, and for Special Use Permits which allow a special use of land, an applicant must notify all residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose for this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns issues and desires. A Staff Planner will attend the meeting to discuss City policy and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public heazing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of the Planning Commission and Ciry Council where decisions are rendered. If you want input in the decision-making process. IC is imperative that you attend the public hearings. The kinds of concems residents normally have include the following: • Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? • What is the impact on our streets? • Where will the storm drainage go? • How will the project be designed to enhance rather than detect from the neighborhood? • What specific changes can be made in the proposal to make it more acceptable tome? After attending the Neighborhood Input Meeting, please use the following space and the back of this form to list any specific concerns, issues or suggestions which you may have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. l O ~.. ~-vr~, . v - ~g ~. 4'-^~. ofproperty fo a higher use, or for properties in excess of one (1) acre, and for Special tUsetPerrmits wh ~h allow a special use of land, an applicant must notify alt residents within 600 feet and invite them to a Neighborhood Input Meeting. The purpose far this meeting is to allow the applicant to present his proposal to the neighborhood and also to allow the neighborhood to express directly to the applicant, their concerns issues and desires. A Staff Planner will attend the meeting to discuss City policy and regulations and the process involved, however, the Planner will remain impartial regarding viability of the project. Keep in mind that this is not a public hearing. Although a synopsis of the meeting will be entered as testimony, it is the public hearings in front of the Planning Commission and Ciry Council where decisions aze rendered. Ifyou want input in the decision-making process. !t is imperative that you attend the public hearings. The kinds of concerns residents normally have include the following: Is the proposal compatible with surrounding land uses and zoning? • Are there adequate utilities and services in place or proposed to serve the project? What is the impact on our streets? ' Where wilt the storm drainage go? How will the project be designed to enhance rather than detract from the neighborhood? What specific changes can be made in the proposal to make it more acceptable to met After attending the Neighborhood Input Meeting, please use the following space and the back of~this form to list any specific concems, issues or suggestions which you may have regarding this proposal. Please sign it and give it to the applicant, as he is required to provide these forms to the City along with his application. PRINT Na ME _ _ _ ( A ii F~c a~.n T ~ fins C f r > n.,.,, ~.- ~&y~ . '~ - ,- - - ., c _ - ~F, E The City Oi Wheat Ridge ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO -80033 Phone (303) 237-6944 ~v~a do~i,~.e`7s,•, Address C~ ~%~ JoC~'ayn~a Sj Phone ~a ~ ~~~'~~ Ovmer ~~„~,.~~, ~^~,~ p~~y,,, Address St~j,3 ~~e(~y2r-~, 5~% Phonel~~¢ ~~~~ Location of requestO.~iLc*7~~ 1/Z 6~~L}x~+~c.nT~ 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 emporary use/building permit Minor subdivision Subdivision Preliminary Final ** See attached procedural guide for specific requirements. ailed~/l~Description of t /Y1i'l l' P . IL. Ji O / • ~i' • ~. Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. - ADDRESS ~/.~ ( ~~ sue' ~~ ~ -.~ ~ ~S' -'- _ /. .. I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action on his behalf.,. Signature of Applicant ~~..,~:~~,, Subscribed and sw~r~ trl me this da of 19 Q~' Nota P lic SEAL My commission expires ~~(~ ~~ P. Rana iT7Pl3 Rcroiri} TTn - !•,..... nt.. m5 3~r-~~ v ` ' ~~ J The Cify of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applican Address ~ Phone`t~f Owner ~ _ Address 3 5"~ Phone/~~~~- ~ ~ S~'" ~Cr~oo3~ Locati o request .i1.3 Type of action requested (c eck one or more of the actions listed below which pertain to your request.) RLIChange of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final [] ** See attached procedural guide for specific requirements. 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 Detailed Description of .request List. all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. 9 t~s I certify that the informa_t_ion 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 acrtion on his behalf. e - Signature af, Applicant ~._ , ., Subscribed d swo t ~ hi ay 19 9? SEAL ~ ~a p~ My fission expires ~' D ~ / Date Received - z~ 4 ~ Receipt No. COO 337°( Case No. Ci"! OF .~.NEr~? Iii~EE ~VSC~~'fI 4CiC jJ~~t(:_~t V~~ nE%EiF'T Np~CGv~~':"' At1!1!JN? rll~,ll fiE'r:Oh~Ih?~ ANL SUBD'iV ~Ov.='~ PFl''i~EMT F.ECEIVE~ nMtlUtJ? ~',', nr. C~ i;7~rf: :.. 9f:p,: T47A~ - °` 6 ~. ;. - :v' ~- a3 .~ ~- u~m .. c oli o N 00 0 ~, M n~ o, '~q a u, ao rr tQ~~,,'~"„~,'}f jecorded at.....-....._.._.._....-....o'clock.-........_M, .-.__..-.._...__-__-..-_...._.. -.....-_-~--;'..__.._-.-° O -- 8 4 3 4 31 -__istt ~~ri _5 .:~~.~~= ~'~Reeorder. ..~"~r..".... THIS DEED, Made this -. day of 19 76,between EULA bl, BO1VAlAN, iN"""- Recorder's Stamp 294'7 140 of the County of Jefferson , State of Colorado, of the first part, and HOIVARD F. JOIiNSTON and JOSEPIiINE A. JOIINSTON of the County of Jefferson and State of Colorado, of the second part: WITNESSETH, That the said part Y of the first part, for and in consideration of the sum of LLB' ~' r m s c m ' > >. U O c a ;a ~~ TEN and no/10.Oths----------------'------------------------- DOLLARSI to the said part Y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents do e s remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the said part Y of the first part has in and to the following desdcri~ie£d lot or parcel of land situate, lying a Be einninhe at a o int G 0 County of a erson - and State of Colorado, to wit: g g P feet South from intersection of a line 612 feet East from Northwest corner of SW 1/4 Section 22, Township 3 Soutli, Range 69 West and another line running South 575 feet from center of North Golden Road also known as Jefferson Avenue and/or Nest 44th Avenue; thence West 262 feet; thence North 83 feet; thence East 263 feet; thence South 83 feet more or less to beginning. Also, beginning at a point 23 feet North of intersection of line G12 feet East from Northwest corner of said SIV 1/4 and another line run- ning South 575 feet from center of North Golden Road; also known as Jefferson Avenue or 14est 44th Avenue; thence Nest 263 feet; thence North 51 feet; thence Easterly to a point 100 feet North of point of beginning; thence South 100 feet more or less to point of beginning, together with any and all water, rights pertaining thereto. (Consideration less than $100,00, No documentary fee needed.) TO HAVE AND TO BOLD the same, together with all andandal the est teurightnt tlea nterest, leges thereunto belonging or in anywise t of the firsp part~,leither in law or equity, unto the said parties and claim whatsoever of the said part,. of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said party of the first part has hereunto set her hand and seal the day and year first above wri n. `~j~ Signed, Sealed and Delivered in the presence of E- LA-M BOIVBtAN ---------[SEAL] ,, -----. [SEAL] STATE OF COLORADO, ss. County of ~/~{"s~° "'- 3 o i/, day of ~ ~~ 2,-,ry ~. r , ~; y'; d'omltti~sxq,4 expires / ~ .:: WITNESS T `~,' 'kiand and official seal.. -..--Y""""-.-` - Notary Public. The foregoing instrument was acknowledged before me this 19 76, by F,~1lI~ 1~~. Bowman/. oti Nx, i e~ / - AJ~-/%7~ Txa No. 962. QUIT CLAIM DEED.-To joint Tenanta.-Eradto,vl Publishing Co., 1824-4~ Stan=~=recs. ~r,..~.. ~~•-~--- • 294,7 140 ~ ~p ~ !:~ ~I~m H j ~ ~~~~ 7i C ~ ~ ~ o A' ~ ~• c' W o m k ,. a > (D O R. C`4 v (D n C] y o ~ ~ ~ ~ ~ ~ ~ 4 ~ a ro M ~' '~,, r 71~ ry ~ N H: • tl . ~'.: ~' c~l• m a. ~ o: °~ °'~ F. ~ ~ C7 '' W __.,___.__.. .. .. ... __.. ,. a. 1 "' ~ 5 .~• r t C r' o ~ ~-, ~.. ~ , d trJ -~ d is 1 7n ~> -= Recorded at.....-.....-....-..-o'clock..._~,_M., <i' i. ~, <.. 1~ .. r, s9972'.~.1 ;' ~ d~ i.'ti ;t ~.. day of AllgUSt ~ , ~, ~;, ~ K;S7 'rffiS DEED, Made this 1St C o ~ . ~ ,_- ~,~ 19 72 between EI}LA Di. 13OWTIAN {m .~ ~~~ ~ , nc - -•*"~` `m C1D r_ F1S _ oo ~'nT J! ^ Rs ~~..,. µ' . ?L9 t .,:r -~ yA nom p n G"' ~ ~'>~ and State of ° ~ o0o t~3 ' Counts of Jefferson y and first part h ' F W~ Colora , e do, of t rr II0WAItl1 JOIINSTON and JOSEYIIINE A. JOIINSTON '-~.~ County of Jefferson and State of Colorado, of the second part: of the of the First part, For and in consideration of the sum of DOLLARS. WITNESSETH, that the said party TEN and no/100t}IS llollars and other valuable considera~ii°eceipt whereof it+ to the said party o£ the first part in hand Paid by the said parties of the second Pam, these presents do ~. hereby confessed and acknowledged, hag granWd, bargained, sold and conveyed, and by e5 grant, bargain, sell, convey and confirm unto the said parties o£ the second part, their heirs and assigns forever, no described lot or parcel of land, situate, lying and in tenancy in common but in joint tenancy, all the following County o£ Jefferson and State of Colorado, to wit: being in the 13egl.nning at a point GO feot SOULli from intersection of a line 31 South, Rangef69mlVesttandsanotherrlineSrunningeSouth 575 feetship from center of North Golden Road, also knolan as Jefferson Avenue and/or West 44th Avenue; thence IVest 26.2 feet; thence. North 33 feet thence East 2G3 feet; thence South 83 feet more or less to begin- ning.. Also, beginning at a point 23 .feet North of intersection of line G12 feet East from Northwest corner of said SIV 1/4 and another line running South 575 feet from center of North Golden Road; also known as Jefferson Avenue or IVest 44th Aven~o>atpoint 1001 2G3 feet; thence Nort31 S1 feet; thence Easterly int of beginning; thence Soutll 100 feet more or feet North of po less to point of beginning. J TOGETHER with sll and singular the hereditaments and aPP~enancea thereunto belonging, or m anywise remainder and remaiadexs, rents, issueof the' firatl park reither~m appertaining, and the reversion and reversions, y all the estate, right, tithe, interest, claim and demand whatsoever of the said Part law or equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances. TY DBED-To ]olnt Tenants-Sr~rord Pnb7fehtn¢ ComD~~. 1SZg gti°°t shot, Deaver, Colomda -6.7~ .N°.2es.wexxnr~ 24x6 383 ~`=x _ .. 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. Aad the said party of the first part, for ' ile'1"sel f , he T heirs, eaecutora, and administrators, do C 5 covenant, grant, bargain and agree ~to and with the said parties of the second part,,their heirs and assigns, that at the time of the ensealing and delivery of these presents, She 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, taxes, assessments and incumbrances of whatever hind or nature, soever, exceptlien for 1972 General Taxes and years subsequent thereto,- and the above bargained premises in the gniet and peaceable possession of tho said parties of the second part, their heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any pazt thereof, the said part }' of the first part shall and will WARRANT AND FOREVER DEFEND. IN WiTNE5S WHEREOF, the said party of the first part ha S hereunto set 11er hand and seal the day and year first above written. /l, Signed, Sealed and Delivered in the Presence of - EULA 1`'l. BUlIry17AN .[SEALI - ------...~..~...-_._-,.C5EAL1 ~. a-:~ ':>. •r~ ..., W i A~ ~~ i ~77 i~ i O z _._.__~ ti_t„~.. ...e 4htc f':peEdOn 86 C[CCUCOY, atiOrnay-m-roc. v~ ..~`. - -•- _- __ _ ss the president or other officers of euc6 corporation, naming it. O H m m ~~' -• '~ O1 w ..K. m m ~ i ~ b ~ i i ~ Y M v A ( c o ~ b ~ z S o. :~ O O O q ~ M ~ ~ ~ w M m ru ~ ~ W 7 F ' w i i O ~j a , ~ ~ w c ~ i N ~ S F •~ C i i r /S A d ~ ro V ,,,, i ~ b i N i Pa z W i ~ r. day of August xnfutive or official caPxity or m acmrncs•.~-.a.... br officer of rnrporntioa, then'Cnscrt'name. of each ~e qq~ :{ ~, : p co- ~ k ~1 ~ Y d H ~' y .., v w q ,+ ` ~ ~ v ~'. ~.nn nne -- ' " 'STATE OF COLORADO;'-'"~ -- ~~ " ~ ~ ~ ~ ""~ ss. County of Jefferson 7-~~-~~ ~- '_ " ~ d,/ ~ ~ _~ 4 ~ d!~~'119~22~ CF.Oi 'tGt t r ' n L 0 ~ ~n !/ fl P .. , lSCuy,~ @~r~~fie~te Z~(~ LLt r -` - ~ql 2 L_ O c „n (1 I nP f' d rr ~~ ~. .rf]' o ti od{s3 N ~; x a a to O. t yr a 0 orded IPI ItccorUer's Stamp Tais DEED, Made this .day of Decenlb~r , 19 76,hetween Eul.n M. Bo14iv,N, -------- - 294'7 140 of the County of Jefferson ,State of Colorado, of thefirstpart, and H014ARD F. JOIiNSTON and JOSEPHINE A. JOIINSTON of the County of Jefferson and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sum of u-' O R ,~ a~ ~ __ ~ ua a z -~ N TEN and no/100ths---------------------^--------------------DOLLARS to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents do e s remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the said part Y of the first part has in and to the following deSCrij~ed lot or pazcel of land situate, 1.ving and being in the County of a erson and State of Colorado, to wit: Beginning at a point GO feet South from intersection of a line 612 feet East from Northwest corner of SW 1/4 Section 22, Township 3 Soutli, Range 69 14est and another line running South 575 £eet from center of North Golden Road also known as Jefferson Avenue and/or 14est 44th Avenue; thence 14est 262 feet; thence Nortli 83 feet; thence East 263 feet; thence South 83 feet more or less to beginning.. Also, beginning at a point 23 feet Nortli of intersection of line G12 feet East from Northwest corner of said 514 1/4 and another line run- ning South 575 feet from center of North Golden Road; also known as Jefferson Avenue or I4est 44t1i Avenue; thence l4est 263 £eet; thence North 51 feet; thence Easterly to a point 100 feet North of point of beginning; thence South 100 feet more or less to point of beginning, together with any and all water rights pertaining thereto. (Consideration less than $100.00, No documentary .fee needed,) TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part, of the first part, either in law or equity, unto the said parties of the second part, then heirs and asstgns forever, not in tenancy in common but in joint tenancy. IN WITNESS WHEREOF, The said party of the first part has hereunto set her hand and seal the day and year first above wri n. ~ Signed, Sealed and Delivered in the presence of .... .. .... ~- _ --Rt,ct-rzI,SEAL7 ..---` E LA M. B014btAN ...--°-----------_------:_..__.------------- [SEAL] ...:....-------------------------....-----..--_. [SEAL] STATE OF COLORADO, l }ss. County of ~~/~~~-<- 111 ik Pt Prr. ~~y The foregoing instrument was acknowledged before me this 3 a - day of , 19 76, by;Fk~3: Al. Bowman. y lh tfv /~ /' / q rp,r~tirrr, ~ `~. ~.Y i~ ~~~~ / y'~eomp#ry~~~t expires ~ / f~ ~ . ,,. ,,. - ~'~ 11rTTNRSS'-rfi`v.`laand and official seal. ~,~ / tiv n y \~`c5 i \\ ~ ~, z ~ W ~' g ® QJ m ~ tJJ 6 ,CffiS DEED, Made this 15 t 19 72 ,between E1JLA DI. I30VAIAN day of August ~f the County of 3ef Person ana state of Colamao, oY the Yost part, and ifOIVARll JOIINSTON and JOSEPHINE A. JOiWSTON ~. un : c.. ' .v.o ° G 7 n s ~ >z y c, 6 S• (,(~ = O ITT A :.~' f.7 x T A ~ ~I O T m z c Q~g ~ A 000 O m 'y Z 2 A ~.~y of the County of Jefferson sad State of Colorado, of the second part: WITNESSETH, that the said party of the first part, for and is considemtioa oY tho sum of DOLLARS, 'TEN and no/100ths llollars and other valuable consideration---------- to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, hn5 Scanted, bargained, sold and conveyed, and by these presents do ES grant, bargain, sell, convey and confirm unto the said parties oY the second part, their heirs and assigns forever, nor in tenancy is cownon bnt in Point tenancy, all the fallowing described lot or parcel of Isad, situate, lying and County of J e f f c r s on and State of Colorado, to wit: being in the 1eginning at a point GO feet South from intersection of a line G12 £eet East £rom Northwest corner of SiY 1/4 Section 22, Township 3 Soutll, Range G9 West and another line running South 575 feet from center of North Golden Road, also known as Jefferson Avenue and/or Rest 44th Avenue; thence 14est 262 feet; thence. North 83 feet, thence East 263 feet; thence, South 83 feet more or less to begin- ning, Also, beginning at a point 23 ,feet North of intersection of line G12 feet East from Nortlnaest corner of said S1'1 1/4 and another line running South 575 feet from center of North Golden Road; also ]mown as Jefferson Avenue or ]Vest 44th Avenue; thence West 2G3 feet; thence North 51 feet; thence Easterly to a point 100 feet North of point of beginning; thence Soutli 100 feet more or I less to point of beginning. CSA Tf10ETISF.R with all and ainavlar the hcrcditameata and appurtenances thereunto belonging, or in anywise MEMORANDUM f WHEgT __ 0 _~ ~~, - - - - Date - m Approved coL OR P~~ TO: Sean McCartney, Planner I FROM: Greg Knudson, Development Review Engineer C DATE: Ju1y_14, 1997 SUBJ: 4313 Jellison Street, MS-97-3 and WZ-97-9 The Public Works Department has reviewed the Planning Department referral dated June 12,-1997 for the above referenced site, and has the following comments: 1. The requested re-zoning and subdivision at the above referenced address can be processed at this time. Please be aware however that prior to Public Works approval of any future building permit(s)for this property, the standard development review will be conducted to determine the extent of improvements that may be required for this property. 2. We will need 25-feet of right-of-way dedicated along the Jellison Street frontage of this property. 2. The proposed Josephine Johnston Minor Plat document has been forwarded to John McGuire for review. Subsequent review comments will be forwarded. to Contra Engineering for revision. cc: Dave Kotecki, Sr.- Project Engineer Jack Hurst, Interim Planning & Development Director Steve Nguyen, Traffic Engineer John McGuire, City Surveyor File t7ENVE-it VVATEZ 7600 West 12th Avenue.• Denver, Colorado 80254 Phone (303) 628-6000 • Faz No. (303) 6286199 7uly 16, 1997 Sean McCartney . Planning & Development Department City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Case No. NS-97-3 and WZ-97-9 Deaz Mr. McCartney: The above referenced properties are located within the Contract Service Area Boundazies of the Valley Water District, Denver Water Master Meter Distributor No. 182. Water service to these properties is subject to compliance with the Operating Rules, Engineering Standards and Charges of both the District and Denver Water. Questions on water service from the. Valley Water District should be directed to the District's Manager, Robert Arnold, at 424-9661. Questions on Denver Water's requirements for service should be directed to a Plan Review Coordinator in our Sales Administration Section at 628-6100. Sincerely, ' L-~„~.~ ll James F. Culligan Distributor Services Supervisor JFC/rma cc: Robert Arnold, Valley Water District N:\wPVPC1MCARINEY.DOC CONSERVE -___- -- -- ~.r+vt°' VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO tS0034 TELEPHONE 424-9661 FAX 424-0828 July 16, 1997 Sean McCartney City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80214 Dear-Sean: Per your request for response. for Case CMS-97-3 and WZ-97-9, Johnston at 4313 Jellison Street, Valley Water District has reviewed the request and offers the following. There is a water main existing in the street in front of the property and should be adequate to serve the property. The South lot as shown on the plat currently has water service to the house at 4311 Jellison. The North lot would require an additional water tap and service line to serve a single residential unit. The cost of the water tap and service line would be the property owner's responsibility. If you have any questions, please call me at 424-9661. Sincerely, Robert Arnold District Manager The City of 7500 WEST 29TH AVENUE 303 234-5900 Wheat WHEAT RIDGE, CO 802'15-6713 ( ~ City Admin. Fax ~ 234-5924 Police Dept. Fax a 235.2949 Ridge July 21, 1997 Contra Ltd. , 8795 Ralston Road, Suite 240 Arvada, Colorado 80002 Re: Josephine Johnstone Minor Plat, 4313 Jellison Street - First Review Comments of Minor Plat The first review has been completed of the above referenced _ document received on July 14, 1997 for-the above referenced project, with the following comments noted_:- 1. The title needs to be changed to read "Minor Subdivision". 2. Please correct the bearings and calls_as red-lined on the plat submittal. 3. Please provide the necessary documentation for ownership. 4. Please clarify and indicate if this is one parcel being divided into two lots, or two parcels being consolidated and note lot areas. 5. At least 25-feet of right-of-way will need to be dedicated and appropriately noted on the plat. .-...,Please return all red-lined prints-with the second submittal package. If ave any questions, please contact Mr John McGuire, L.S. a 235-2 58. in rely, ~ -. r ~_~ reg~nu son Development Review Engineer cc: Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer John McGuire, City Surveyor Sean McCartney, Planner - File ~~ RECYCLED PAPER ,_~. ~ Arvada Fire Protection District FIRE MARSHALS' OFFICE P. O. Box 3•D ARVADA, COLORADO 80001 Telephone (303) 425-0850 - FAX (303) 422-4569 July 25, 1997 Mr. Sean Mc Carthy Department of Planning and Development City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO. 80033 RE: Josephine Johnson Minor Plat. Dear Mr. Mc Carthy, We have reviewed the plat for the rezoning and have the following comments . 1. Fire protection is provided to this site by Station 1, 7900 W. 57th Ave. and Station 2, 12195 W. 52nd Ave. 2. The present street is a dead end access roadway in excess of 150 feet. If new construction is to take place any possible provisions for an approved turn around need to be considered. UFC 94 902.2.2.4 Sincerely, Ar~vada~Fire Protection District Steve S ei a er Deputy Fir Marshal NOTICE OE PUBLIC HEARING Notice is hereby given that a Public Hearing is to beheld before the City of Wheat Ridge PLANNING COMMISSION on August 21, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at Public Hearing or submit written comments. The following petitions shall be heard: (".ace No WZ-97-9: An application by Josephine Johnston for approval of a rezoning from Agricultural-One to Residential-One A for property located at 4313 Jellison Street. 2. ('ase No MS-97-3• An application by Josephine Johnston for the approval of a two-lot minor subdivision for property located at 4313 Jellison Street. Said property is subject to rezoning review pursuant to Case No. WZ-97-9. The following legal description pertains to both Case Nos. 1 and 2 above. BEGINNING AT THE WEST'/4 CORNER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69. WEST OF THE 6TH P.M. FROM WHICH THE SW CORNER OF SAID SECTION BEARS S00°09'23"E A DISTANCE OF 2651.89 FEET AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE N89°26'53"W ALONG THE NORTH LINE OF THE SW QUARTER, A DISTANCE OF 346.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00°06'46"W ALONG THE WEST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 84.32 FEET TO A POINT OF THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 93094871 RECORDED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO; THENCE N79°04'23"E ALONG SAID LINE, A DISTANCE OF 271.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF JELLISON STREET; THENCE S00° 12'37"W ALONG SAID RIGHT OF WAY, A DISTANCE OF 195.08 FEET; THENCE S89°38'26"W, A DISTANCE OF 265.71 FEET; THENCE N00°06'46"W ALONG THE ... , ....W.EST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 60.94 FEET TO THE POINT OF BEGINNING CONTAINING 45,293 SQUARE FEET OR 1.0398 ACRES MORE OR LESS. 3. Case No. WZ-97-10: An application by Pacifica Holding Company, LLC, for Pacifica Development Properties, II, LLC, for approval of a rezoning from Commercial-One to Planned Industrial Development and for approval of an outline development plan and a final development plan and plat with variances. Said property is located at 9500 W. 49th Avenue and is legally described as follows: LOTS 1, 2, 3, AND 4 OF 70 EXECUTIVE CENTER AMENDED SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. 4, ('ac Nn ZOA-97-3: An application by the City of Wheat Ridge for approval of an amendment 1o Chapter 26 of the Wheat Ridge Code of Laws pertaining to historic landmarks and trees. Maril ,. Recording Se tary ATTEST: Wanda Sang, City Clerk To be published: August 1, 1997 Wheat Ridge Transcript N011CE OF PUBven thaAt al Pu'btic Notice is hereby .9 y Hearing is to6PANNING COM~MIgf Wheat Ridg SION on August 21, 1997, at 7• Wheat at 7500 West 29th Avenue, Ridge, Colorado. ak at Publ~liearing are mulled to spe or submit written comments. The fol- lowing petitions shall be heard:. 1. [`ese No WZ-_97-9: An application by Josephine Johnston for approval of a rezoning from Agricultural-One to Residential-One A for property located at 4313 Jellison Street. n~~rylv~ Bunn by mlc . Marilyn Gunn, Recording Secretary ATTEST: wands ana Wanda Sang, Cdy Clerk Wheat Ridge Transcript 4051-97 Published August_1~ 1997 __._.-. -- - NOTICE OF PUBLIC HEARING Notice is hereby ,given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMIS- ~. SION on August 21, 1997, at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at Public Hearing or submit written comments. The fol- lowinp:petitions shall be heard: 2:=Case No, MS-97-3: An application by Josephine Johnston for the approval of a two-lot minor subdivision for prop- erty located at 4313 Jellison Street. Said property is subject to rezoning review pursuant to Case No. WZ-97-9. The following legal description pertains to both Case Nos. 1 and 2 above. BEGINNING AT THE WEST 1/4 COR- NER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. FROM WHICH THE SW CORNER OF SAID SECTION BEARS S00°09'23"E A DISTANCE OF 2651.89 FEET AND ALL BEARINGS CON- TAINED HEREIN ARE RELATIVE THERETO; THENCE N89°26'53"W ALONG THE NORTH LINE OF THE SW QUARTER, A DISTANCE OF 346.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00°06'46"W ALONG THE WEST LINE OF THE JANET D. MINOR SUB- DIVISION, A DISTANCE OF 84.32 FEET TO A POINT OF THE SOUTHERLY LINE OF A PARCEL OF -LAND DESCRIBED IN RECEPTION ' NUMBER 93094871 RECORDED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO; THENCE N79°04'23"E ALONG SAID LINE, A DISTANCE OF 271.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF JELLISON STREET; THENCE S00°12'37"V1/ ALONG SAID RIGHT OF WAY, A DISTANCE OF 195.08 FEET; THENCE S89°38'26"W. A DISTANCE OF 265.71 FEET; THENCE N00°06'46"W ALONG THE WEST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 60.94 FEET TO THE POINT OF BEGINNING CONTAINING 45,293 SQUARE FEET OR 1.0398 ACRES MORE OR LESS. A~f-~.~'___ n by mt'c Marilyn Gunn, Recording Secretary ATTEST: Wanda Saner Wanda Sang, City Clerk Wheat Ridge Transcript 4051-97 7500 West 29th Avenue The City of Wheat Ridge, Colorado Wheat Telephone 303/ 237-6944 Ridge August 7, 1997 This is to inform you that Case No .MS-97-03 & WZ-97-9 which is a request for annroval of a two-lot subdivision and rezoni~gg,froin Agricultural One to Residential-One A for property located at x313 Jellison Street will be heard by the Wheat Ridge PLANNING COMMISSION in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 P.M.. on August 21. 1997. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the PLANNING COMMISSION. 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 tivhose 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 "The Carnation City" ** R019 _ ** C020 ** C020 Glenn I2aughenbaugh Annette .McCormick Douglas E xardin _ -_- 11900 N Dransfeldt RD 4295 Iris CT 4300 Jellison ST Parker CO 80134-9007 Wheat Ridge CO 80033-2943 Wheat Ridge CO 80-033-29$8 ** C036 ** C020 ** C063_ Randy L Jensen Richard J Vieira John C Lee. 15420 W Archer DR 4301 Jellison ST 16129 E Prentice LN Golden, CO 8Q401-6559 Wheat_Ridge CO 80033-2947. Aurora CO 80015-4170 ** C020 ** C020 ** C020 Paul E McSheehy James C Cluck Eugene E Moore 4360 Jellison. 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Z ^ ^ ~• ~ '~ . p 4i c < ~" a m m G t~ O W m m am y ~ - 1~ ~ F ~ N z ~ ~ v, L ~ ¢ ¢ m -jI n ~ n N ~ ~ ~ ~y m ^- ~~~Na ~ m N a ~ py. om m n o . m m ~ p a~ m G d ~ ~ ~ N .K. ~' Public Service August 13, 1997 City of WheatRidge 7500 West 29'" Ave. WheatRidge, CO 80033 Attn: Sean McCartney Re: 4313 Jellison Street, # MS-97-3 AUG 1 8 1997 Public Service Company of Colorado sso ism street, sv~e goo Denver, co eozaz-azss Fax iaosl s~i-~sn Public Service Company of Colorado (PSCo) has reviewed the development plans for 4313 Jellison Street. To ensure that adequate utility easements are available within this development, PSCo requests that the following dedication language, or plat note, be placed on the preliminary and final plats for the subdivision: Eight-foof (8) wide ufilify easemenfs are hereby granted on private properly adjacent fo the front and rearlof lines of each lof in the subdivision or platted area. These easements are dedicated for the installation, maintenance, and replacement of electric, gas, television cable, and telecommunications facilities. Utilities shall also be permitted within any access easements and private streets in the subdivision. Permanent structures and water meters shall not be permitted within said ufilify easemenfs. PSCo also requests that these utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1-800-922-1987, t6 have all utilities located prior to construction. If PSCo has existing gas or electric distribution facilities in this area, the developer should contact PSCo's Engineering Department at (303) 425-3867, regarding the use or relocation of these facilities. If you have any questions about this referral response, please contact me at 571-7735. Thane k Ygy, /~//`t-c~,s,~ Teresa Wilson Right-of-Way Processor NMD: Single-family CITY OF WHEAT RIDGE ~~~~~~~~~ PLANNING DIVISION STAFF REPORT O ~.I ~ ~ 1y~~ TO: Planning Commission ______®________ DATE OF MEETING: August 21,1997 DATE PREPARED: August 11,1997 CASE NO. & NAME: WZ-97-9 / Johnston CA5E MANAGER: Sean McCartney MS-97-3 ACTION REQUESTED: An application by Josephine Johnston for approval of a rezoning from Agricultural- One to Residential-One A, a 20' front yard setback variance to the 30' front yard setback requirement, and a 2-lot minor subdivision. LOCATION OF REQUEST: 4313 Jellison Street NAME & ADDRESS OF APPLICANT(S) Josephine Johnston 4313 Jellison Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: 1.1 acres Agricultural-One Residential Single Family SURROUNDING ZONING: ~': Residential-Three, S: Residential-One A and Commercial-One, E: Agricultural-One and Residential-One A W: Commercial-One SURROUNDING LAND USE: N: Multi-Family Residential ~: and E: Single Family, and W: Commercial COMPREHENSIVE PLAN: Low Density Residential /Commercial Activity Center DATE PUBLISHED: August 1,1996 DATE POSTED: August 7,1996 DATED LEGAL NOTICES SENT: August 7,1996 AGENCY CHECKLIST: (~ RELATED CORRESPONDENCE: (XX) ENTER INTO RECORD: (}III) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS O NOT REQUIRED ()NONE (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS () 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. Planning Commission Staff Report Page 2 WZ-97-9 / MS-97-3 / Johnston I. REQUEST The applicant requests the approval of a rezoning from Agricultural-One to Residential-One A, and a 2-lot minor subdivision plat at 4313 Jellison Street. The property in question is 1.1 acres, and is located in a neighborhood that is primarily residential single family. The property in question is an enclave of Agricultural-One zoning with Residential-One. A zoning on two sides. Approval of the applicant's request would allow for the extension of an existing zone district (Residential-One A). The change would create continuity through the immediate neighborhood, without effecting the existing and future density. The Wheat Ridge Comprehensive Plan shows Commercial Activity Center land use extending into the neighborhood, from Kipling Street. But, because the character of the existing neighborhood is primarily residential, staff does not anticipate commercial activities intruding into this residential neighborhood. -It would be recommended that any rezoning for properties along Jellison Street remain residential. The applicant is also requesting approval to subdivide the property into two separate lots. The subdivision would create a 21,052 square foot parcel (lot 1) and a 19,422 square foot lot (lot 2). Both lots would comply with the minimum lot size and minimum lot area requirements established in the Residential-One A development regulations. Although both parcels comply with the minimum lot area required in the Residential-One zone district, staff suggested the Residential-One A zone district to establish zoning cohesiveness throughout the neighborhood. In addition, due to a 25' right-of--way dedication requirement along Jellison Street, the applicant is also _ seeking approval of a 20' front yard setback variance (see exhibit "A"). If approved, the house will be located 10' from the front property line. Also, there will not be any physical changes to the existing structure or the existing infrastructure, so approval of the variance will not alter the essential character of the neighborhood. See Section III of this report. Separate motions will be needed for each action. R. REZONE CRITERIA In accordance with Wheat Ridge Code of Laws, Section 26-6 (C), before a change of zone is approved, the applicant shall show and Planning Commission shall find: 1. That the change of zone is in conformance, or will bring the property in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies for the area. The Wheat Ridge Comprehensive plan designates the area as Low Density Residential transitioning into Commercial Activity Center. The request for low density residential would be in conformance with the Comprehensive Plan. The character of the neighborhood is primarily low density residential, incorporating Agricultural-One, Residential-One A and Residential-Three zone districts and the property is currently being Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston Page 3 used as residential single family. Therefore, a zone change to Residential-One A will be consistent with the surroundings. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes low density residential to the south and east, high density residential to the north, and commercial uses to the west (along Kipling Street). The commercial uses to the west may be considered incompatible, however the potential impacts are mitigated because there is no commercial traffic on to, nor commercial access off of Jellison Street. Therefore, the proposed 2-lot minor subdivision and zone change will not have an adverse impact on the neighborhood. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zoning. The social and physical benefits attributed to the request is that the two parcels will remain low density residential. But, because the request is neither for an additional park or commercial use, there will not be any recreational or economic benefits to the community. 4. The adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. According to the Valley Water District, there is currently a water main located in front of the property (along Jellison Street), from which the existing residential structure currently receives water service. The proposed residential structure would need to seek an additional tap and service line at the property owner's expense. Also, because Jellison Street is a paved right-of--way, there is adequate and safe access onto the proposed site. 5. That the proposed rezoning will not adversely affect the public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Approval of the proposed rezoning will allow for the construction of a typical single family residential structure. Staff has not seen any proposals for the future development of the site, but the site does allow for adequate development potential on the property without causing adverse affects, such as drainage problems, to the adjacent properties. Also, because the property will only permit a single family residence, there should not be any excessive traffic congestion. Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston Page 4 6. That the property cannot reasonably be developed under the existing zoning conditions. Because the property is cunrently located in the Agricultural-One zone district, and is at least 1 acre in size, the property does comply with the current development regulations. But, the applicant has stated that the property is too large for her to maintain by herself, and is seeking approval of the rezoning and subdivision request to allow for the sale of half of the lot to allow the property to be sold and developed. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Although the proposal would be relatively compatible with the development regulations established in the Residential-One zone district, staff consulted with the applicant prior to submittal of the application and informed her that a rezone to Residential-One A would allow for consistency with the surrounding zone district (to the east and south). 8. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at this locafion. As previously stated, the applicant is seeking approval of the request because her property is currently too large for her to maintain by herself. Therefore, approval of the request will permit development of an existing open area, thus providing the necessary improvements which will allow for compatibility with the existing neighborhood. III. VARIANCE CRITERIA The applicant is requesting approval of a 20' front yard setback variance to the 30' front yard setback requirement. The request is based on the 25' right-of--way dedication requirement established by the Wheat Ridge Public Works Department. If approved, the adjusted property line will be approximately 10' from the existing residential structure. In accordance with Wheat Ridge Code of Laws, Section 26-6 (D), before a variance is approved, the applicant shall show and the Planning Commission shall find: 1. Can the property in question yield a reasonable return 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 denied, the property in question may yield a reasonable return in use, service or income. But, because the need for the variance is based upon a 25'right-of--way dedication required by the Wheat Ridge Public Works Department, there will not be a physical adjustment or change to the infrastructure or the existing structure. Planning Commission Staff Report Page 5 WZ-97-9 / MS-97-3 / Johnston 2. Is the plight of the owner due to unique circumstances; and, Yes. The plight of the owner is due to the 25' right-of--way dedication required along Jellison Street. 3. If the variation were granted, would it alter the essential character of the locality; and No. Because the physical attributes of the existing structure and infrastructure will not change, the essential character of the locality will not be effected by the approval of the variance. 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, Yes. Upon approval of the subdivision request, established in this report, the physical shape of the property will be modified. Therefore the adjusted property line will create anon-conforming setback for the existing structure. 5. Would the conditions upon which the petition foe a variation is based be applicable, generally, to other property within the same zoning classification; and, Yes. The conditions upon which the petition is based would be applicable to other properties within the same zoning classification should they be required to dedicate property for public right-of--way. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property; and, No. The purpose of the variation is due to a public right-of--way dedication, required by the city, as it pertains to a proposed subdivision. The subdivision,request is based upon convenience for the applicant, not solely upon the desire to make money out of the property. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property; and, No. As previously stated, the hardship was created upon the requirement fora 25' dedication for public right-of--way. Planning Commission Staff Report Page 6 WZ-97-9 / MS-97-3 / Johnston 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, No. Granting of this variance would not be detrimental to the publics welfare or injurious to other property improvements as there will not be any physical changes to the existing residence or infrastructure. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increased the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood, and No. Approval of the variance will not impair the adequate supply of light and air to the adjacent property or substantially increase the congestion in the streets or the danger of fire as approval of the variation will not change the physical attributes of the existing structure. 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 variance will not benefit or be a contribution to the neighborhood or the community as the variation will not change the character of the community. The variation, as stated before, is due to a dedication of property for public right-of--way. The existing home has remained in the same location for more than forty years. 1V. SUBDIVISION DESIGN If the rezoning and variance portion of this case is approved, the third portion of the application has grounds to be approved. Currently, there is an existing house located on the south portion of the existing property, which measures 238' X 195' X 271' X 145' (1.1 acres). The 2-lot minor subdivision would allow for the creation of two separate, conforming lots. The proposed lots would allow for 21,052 squaze feet (lot 1), and 19,422 square feet (lot 2). The existing house will be located on Lot 1. Although the proposed parcels would be large enough to be located in the Residential-One zone district, it is staffs' opinion that a rezone to Residential-One A would be more compatible with the existing surrounding zone district. Both the Residential-One and Residential-One A zone districts permit similar Planning Commission Staff Report Page 7 WZ-97-9 / MS-97-3 / Johnston single family uses. Along the north and west property lines, there is an existing drainage ditch (labeled as "Oulette Ditch"). There has been a ditch easement established along the north and west property lines. As shown on the plat, Public Works required the dedication of 25' of land from the eastern portion of the property (along Jellison Street). There will also be 5' utility easements required along the north, south and west property lines. The required 10' utility easement is shown on the east side of the properties. All minimum requirements of the Subdivision Regulation have been met. V. AGENCY REFERRALS Valley Water District has indicated that there is an existing water main in the street (Jellison) in front of the property that should be adequate to serve the proposed property to the north. Arvada Fire Protection District does provide fire protection through station 1. Wheat Ridge Public Works requested a 25' right-of--way dedication along Jellison Street. VI. STAFF RECOMMENDATION Staff has concluded that the proposed rezoning is consistent with the Wheat Ridge Comprehensive Plan. The request is also consistent with the existing land uses that surround the property and the subdivision is consistent with the minimum requirements established in Residential-One A zone district regulations. Staff has further concluded that the criteria used to evaluate a zone change and variance supports approval of the request , as approval of the variance will not change the physical attributes of the existing residence and right-of--way infrastructure. Also, all of the requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given for cases WZ-97-9 and MS-97-3. VII. RECOMMENDED MOTIONS REZONING OPTION A: "I move that case no. WZ-97-9, an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be approved and forwarded to City Council for the following reasons: 1. Although the proposal is not compatible with the Wheat Ridge Comprehensive Plan, it is compatible with the existing character of the neighborhood. 2. The rezoning criteria support this request. 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval." Planning Commission Staff Report page 8 WZ-97-9 / MS-97-3 / Johnston OPTION S: "I move that case no. WZ-97-9, an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be denied and forwarded to City Council for the following reasons: 2. 3." VARIANCE OPTION A: "I move that the request for the 20' front yard setback vaziance, to the 30' front yard setback requirement for the property at 4313 Jellison Street be approve for the following reasons: 1. Approval of the request will not change the physical attributes of the existing residence andright-of- way infrastructure. 2. The need for the variance is based upon the 25'right-of--way dedication required by the Wheat Ridge Public Works Department. 3. The essential character of the locality will not be changed." OPTION B: "I move that the request for the 20' front yard setback variance, to the 30' front yard setback requirement for the property at 4313 Jellison Street be denied for the following reasons: 1. 2. 3." MINOR SUBDIVISION OPTION A: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be approved for the following reasons: 1. The plat is consistent with the minimum requirements established in the Residential-One A zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Staff recommends approval. OPTION B: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be denied for the following reasons: 2. 3„ -- CTTY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: August 21, 1997 DATE PREPARED: August 11, 1997 CASE NO. & NAME: WZ-97-9 / Johnston CASE MANAGER: Sean McCartney MS-97-3 ACTION REQUESTED: An application by Josephine Johnston for approval of a rezoning from Agricultural- One to Residential-One A, x20'', front yard setback variance to the 30' front yard setback requirement, and a 2-lot minor subdivision. °"'` f' LOCATION OF REQUEST: 4313 Jellison Street NAME & ADDRESS OF APPLICANT(S) Josephine Johnston 4313 Jellison Street Wheat Ridge, CO 80033 NAME 6. ADDRESS OF OWNER(S) 'Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: 1.1 acres Agricultural-One Residential Single Family SURROUNDING ZONING: ~1: Residential-Three, Ste: Residential-One A and Commercial-One, Fes: Agricultural-One and Residential-One A W: Commercial-One SURROUNDING LAND USE: N: Multi-Family Residential,: and E: Single Family, and W: Commercial COMPREHENSIVE PLAN: Low Density Residential /Commercial Activity Center DATE PUBLISHED: August 1,1996 DATE POSTED: August 7,1996 DATED LEGAL NOTICES SENT: August 7, 1996 AGENCY CHECKLIST: (XX) ()NOT REQUII2ED RELATED CORRESPONDENCE: (XX) ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS ()NONE (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS O 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. Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston Page 2 I. REQUEST - The applicant requests the approval of a rezoning from Agricultural-One to Residential-One Armand a 2-lot minor subdivision plat at 4313 Jellison Street. The property in question is 1.1 acres, and is located in a neighborhood that is primarily residential single family. The properly in question is an enclave of Agricultural-One zoning with Residential-One A zoning on two sides. Approval of the applicant's request would allow for the extension of an existing zone district (Residential-One A). The change would create continuity through the immediate neighborhood, without effecting the existing and future density. ~ l~e.tnSct~ 2es~e~e~1a~.(-aueQ The Wheat Ridge Comprehensive Plan showshCommercial Activity Center land use extending into the neighborhood, from Kipling Street. But, because the character of the existing neighborhood is primarily residential, staff does not anticipate commercial activities intruding into this residential neighborhood. It would be recommended that any rezoning for properties along Jellison Street remain residential. The applicant is also requesting approval to subdivide the property into two sepazate lots. The subdivision would create a 21,052 square foot parcel (lot 1) and a 19,422 square foot lot {lot 2). Both lots would comply with the minimum lot size and minimum lot azea requirements established in the Residential-One A development regulations. Although both parcels comply with the minimum lot azea required in the Residential-One zone district, staff suggested the Residential-One A zone district to establish zoning cohesiveness throughout the neighborhood. Lo7-w~fln+ ~~ rlort.t-~~~,C~~~v In addition, due to a 25' 'ght-of-way dedication requirement along Jellison Street, the applicant is also seeking approval of"'~ front yazd setback vaziance (see exhibit "A"). If approved, the house will be located 10' from the front property line. Also, there will not be any physical changes to the existing structure or the existing infrastructure, so approval of the variance will not alter the essential chazacter of the neighborhood. See Section III of this report. sepazate motions will be needed for each action. II. REZONE CRITERIA In accordance with Wheat Ridge Code of Laws, Section 26-6 (C), before a change of zone is approved, the applicant shall show and Planning Commission shall find: 1. That the change of zone is in conformance, or will bring the property in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies for the area. The~Wheat Ridge Comprehensive plan designates the area as Low Density Residential transitioning into Commercial Activity Center. The request for low density residential would be in conformance with the Comprehensive Plan. The character of the neighborhood is primarily low density residential, incorporating Agricultural-One, Residential-One A and Residential-Three zone districts and the property is currently being Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston Page 3 used as residential single family. Therefore, a zone change to Residential-One A will be consistent with the surroundings. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes low density residential to the south and east, high density residential to the north, and commercial uses to the west (along Kipling Street). The commercial uses to the west may be considered incompatible, however the potential impacts aze mitigated because there is no commercial traffic on to, nor commercial access off of Jellison Street. Therefore, the proposed 2-lot minor subdivision and. zone change will not have an adverse impact on the neighborhood. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change ofzaning..•' The social and physical benefits attributed to the request is that the two pazcels will remain low density residential. But, because the request is neither for an additional pazk or commercial use, there will not be any recreational or economic benefits to the community. 4. The adequate infrastructure/Facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. According to the Valley Water District, there is currently a water main located in front of the property (along Jellison Street), from which the existing residential structure currently receives water service. The proposed residential structure would need to seek an additional tap and service line at the property owner's expense. Also, because Jellison Street is a paved right-of--way, there is adequate and safe access onto the proposed site: Fy„_,. 5. That the proposed rezoning will not adversely affect the public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Approval of the proposed rezoning will allow for the construction of a typical single family residential structure. Staff has not seen any proposals for the future development of the site, but the site does allow for adequate development potential on the property without causing adverse affects, such as drainage problems, to the adjacent properties. Also, because the property will only permit a single family residence, there should not be any excessive traffic congestion. Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston Page 4 6. That the property cannot reasonably be developed under the existing zoning conditions. Because the property is currently located in the Agricultural-One zone district, and is at least 1 acre in size, the property does comply with the current development regulations. But, the applicant has stated that the property is too large for her to maintain by herself, and is seeking approval of the rezoning and subdivision request to allow for the sale of half of the lotto allow the property to be sold and developed. That the rezoning will not creafe an isolated or spot zone district unrelated to adjacent or nearby areas. Although the proposal would be relatively compatible with the development regulations established in the Residential-One zone district, staff consulted with the applicant prior to submittal of the application and infornied her that a rezone to Residential-One A would allow for consistency with the surrounding zone district (to the east and south). 3. That there is a void in an area or community need that the change of zone will fill by providing for necessary services, products or facilities especially appropriate at this location. As previously stated, the applicant is seeking approval of the request because her property is currently too large for her to maintain by herself. Therefore, approval of the request will permit development of an exisfing open area, thus providing the necessary improvements which will allow for compatibility with the existing neighborhood. III. VARIANCE CRITERIA 8' The applicant is requesting approval of,~8' front yazd setback variance to the 30' front yazd setback requirement. The request is based on the 25' right-of--way dedication requirement established by the Wheat Ridge Public Works Department. If approved, the adjusted property line will be approximately.~irom the existing residential structure. ~ e In accordance with Wheat Ridge Code of Laws, Section 26-6 (D), before a variance is approved, the applicant shall show and the Planning Commission shall find: 1. Can the property in question yield a reasonable return 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 denied, the property in question may yield a reasonable return in use, service or income. But, because the need for the variance is based upon a 25' right-of--way dedication required by the Wheat Ridge Public Works Department, there will not be a physical adjustment or change to the infrastructure or the existing structure. Planning Commission Staff Report Page 5 Wtr97-9 / MS-97-3. / Johnston 2. Is the plight of the owner due to unique circumstances; and, Yes. The plight of the owner is due to the 25' right-of--way dedication required along Jellison Street. 3. If the variation were granted, would it alter the essential character of the locality; and No. Because the physical attributes of the existing structure and infrastructure will not change, the essential chazacter of the locality will not be effected by the approval of the variance. 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 ouf; and, Yes. Upon approval of the subdivision request, established in this report, the physical shape of the property will be modified. Therefore the adjusted property line will create anon-conforming setback for the existing structure. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to other property within the same zoning classification; and, Yes. The conditions upon which the petition is based would be applicable to other properties within the same zoning classification should they be required to dedicate property for public right-of--way. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property; and, , No. The purpose of the vaziation is due to a public right-of--way dedication, required by the city, as it pertains to a proposed subdivision. The subdivision request is based upon convenience for the applicant, not solely upon the desire to make money out of the property. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property; and, No. As previously stated, the hardship was created upon the requirement fora 25' dedication for public right-of--way. Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston Page 6 $• Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, No. Granting of this variance would not be detrimental to the publics welfaze or injurious to other property improvements as there will not be any physical changes to the existing residence or infrastructure. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increased the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood,~and No. Approval of the vaziance will not impair the adequate supply of light and air to the adjacent property or substantially increase the congestion in the streets or the danger of fire as approval of the variation will not change the physical attributes of the existing structure. 10. If it is found in criteria 8 and 9 above, thaf 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 tivould granting of the variance result in a reasonable accommodation of a person with disabilities? Approval ofthis variance will not benefit or be a contribution to the neighborhood or the community as the variation will not change the chazacter of the community. The variation, as stated before, is due to a dedication of property for public right-of--way. The existing home has remained in the same location for more than forty yeazs. IV. SUBDIVISION DESIGN If the rezoning and variance portion of this case is approved, the third portion of the application has grounds to be approved. Currently, there is an existing house located on the south portion of the existing property, which measures 238' X 195' X 271' X 145' (1.1 acres). The 2-lot minor subdivision would allow for the creation of two separate, conforming lots. The proposed lots would allow for 21,052 square feet (lot 1), and 19,422 squaze feet (lot 2). The existing house will be located on Lot I. Although the proposed pazcels would be large enough to be located in the Residential-One zone district, it is staffs' opinion that a iezone to Residential-One A would be more compatible with the existing surrounding zone district. Both the Residential-One and Residential-One A zone districts permit similar Planning Commission Staff Report page 7 WZ-97-9 / MS-97-3 / Johnston single family uses. Along the north and west property lines, there is an existing drainage ditch (labeled as "Oulette Ditch"). There has been a ditch easement established along the north and west property lines. As shown on the plat, Public Works required the dedication of 25' of land from the eastern portion of the property (along Jellison Street). There will also be 5' utility easements required along the north, south and west property lines. The required 10' utility easement is shown on the east side of the properties. All minimum requirements of the Subdivision Regulation have been met. V. AGENCY REFERRALS Valley Water District has indicated that there is an existing water main in the street (Jellison) in front of the property that should be adequate to serve the proposed property to the north. Arvada Fire Protection District does provide fire protection through station 1. Wheat Ridge Public Works requested a 25' right-of--way dedication along Jellison Street. VI. STAFF RECOMMENDATION Staff has concluded that the proposed rezoning is consistent with the Wheat Ridge Comprehensive Plan. The request is also consistent with the existing land uses that surround the property and the subdivision is consistent with the minimum requirements established in Residential-One A zone district regulations. Staff has fiuther concluded that the criteria used to evaluate a zone change and vaziance supports approval of the request , as approval of the variance will not change the physical attributes of the existing residence and right-of--way infrastructure. Also, all of the requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given for cases WZ-97-9 and MS-97-3. VII. RECOMMENDED MOTIONS - REZONING OPTION A: "I move that case no. WZ-97-9, an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be approved and forwazded to City Council for the following reasons: 1. Although the proposal is ~t compatible with the Wheat Ridge Comprehensive Plan, it is comparible with the existing chazacter of the neighborhood. 2. The rezoning criteria support this request. 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval." Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston Page 8 OPTION B: "I move that case no. WZ-97-9, an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be denied and forwazded to City Council for the following reasons: L 2. 3." VARIANCE. ak $ ~ OPTION A: "I move that the request for th~"front yazd setback vaziance, to the 30' front yazd setback requirement for the property at 4313 Jellison Street be approve for the following reasons: 1. Approval of the request will not change the physical attributes of the existing residence and right-of- way infrastructure. 2. The need for the variance is based upon the 25' right-of--way dedication required by the Wheat Ridge Public Works Department. 3. The essential character of the locality will not be changed." OPTION B: "I move that the request for the 20' front yard setback variance, to the 30' front yard setback requirement for the property at 4313 Jellison Street be denied for the following reasons: 1. 2. 3." OPTION A: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be approved for the following reasons: I . The plat is consistent with the minimum requirements established in the Residential-One A zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Staff recommends approval. OPTION $: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be denied for the following reasons: 1. 2. 3." ~ rn ~ ~I Q ~ ~ ~ ~ ~ ~ 4390 ' R-~ R-2 ~- ~ - ~ a ~- N O mot- N R-2 0 N N d- *Q * ~ *~ ~ ~ O 7 ~ ~ ~ - ~ ~ C L ~~~c C /~ \< ~, .~ The City of 7500 WEST 29TH AVENUE _ WHEAT RIDGE. CO 60215-6713 (303) 233-5900. City Admin. Fax ~ 234-5924 - Police Dept Fax !! Z35~Zff49 July 21, 1997 Contra Ltd. 8795 Ralston Road, Suite 240 Arvada, Colorado 80002 Wheat Ridge Re: Josephine Johnstone Minor Plat, 4313 Jellison Street - First Review Comments of Minor Plat The first review has been completed of-the .above referenced document received on_July 14, 1997 for the above referenced project, with the following comments noted: 1. The title needs to be changed to_read "Minor Subdivision". 2. Please correct the bearings and calls as red-lined on the plat submittal. 3. Please provide the necessary documentation for ownership. 4. Please clarify and indicate if this is one parcel being divided into two lots, or two parcels being consolidated and note lot areas. 5. At least 25-feet of_right-of-way will need to be dedicated and appropriately noted on the plat. ---• Please return all red-lined prints .with the second submittal package. If yAU-have any questions, please contact Mr John McGuire, L.S. J o/ --- /Knu son Development Review Engineer cc: Dave Kotecki, Sr. Project Engineer Steve Nguyen, Traffic Engineer _ John McGuire, City Surveyor Sean McCartney, Planner File 6J RECYCLE[)PAPER Arvada Fire Protection District FIRE MARSHALS' OFFICE P. O. Box 3-D ARVADA, COLORADO 80001 Telephone (303) 425-0850 - FAX (303) 422-4569 July 25, 1997 Mr. Sean Mc Carthy Department of Planning and Development City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO. 80033- RE: Josephine Johnson Minor Plat. Dear Mr. Mc Carthy, We have reviewed the plat for the rezoning and have the following comments. 1. Fire protection is provided to this site by Station 1, 7900 W. 57th Ave. and Station 2, 12195 W. 52nd Ave. 2. The present street is a dead end access roadway in excess of 150 feet. if new construction is to take place any possible provisions for an approved turn around need to be considered. UFC 94 902.2.2.4 Sincerely, Ar~vada~Fire Protection District Steve S ei a er Deputy Fir Marshal 1 VALLEY WATER DISTRICT P.O. BOX 9 12101 WEST 52ND AVENUE WHEAT RIDGE, COLORADO 50034 TELEPHONE 424-9661 FAX 424-0828 July 16, 1997 Sean McCartney City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80214 Dear Sean: Per your request for response for Case CMS-97-3 and WZ-97-9, Johnston at 4313 Jellison Street, Valley Water District has reviewed the request and offers the following. There is a water main existing in the street in front of the property and should be adequate to serve the property. The South lot as shown on the plat currently has water service to the house at 4311 Jellison. The North lot would require an additional water tap and service line to serve a single residential unit. The cost of the water tap and service line would be the property owner's responsibility. If you have any questions, please call me at 424-9661. Sincerely, R ~ Robert Arnold District Manager MEMORANDUM TO Sean McCartney Planning and Development FROM Deri Patt Police Department SUBJECT Case No: MS-97-3 and WZ-97-9/Johnson DATE July 14, 1997 From these plans, I have no recommendations. If plans are developed with more details such as the landscaping and building design, I will review them for suggestions. - - - - hank you. Deri i 1V 'r. i `\\ ~- N s r. ~ ~. _x ~ ~ m ~ m ~ W ~-- Q 1--- ,IRIS DEED, Made thin 1St day of Aug uSt P,. a r. Ia rz ,betiween Eut,a I•I. l3owrlAN , v7 ~° ° t c-i _~,o . y m .t ~~c m~~ ~~ ~ r ~ .~ _ A _ o ~T JC ~~1~ `, ~ ( V~ "aT ~ ^ A 1r nJ1 os the comity of Jefferson --ana state of a ~~ ~>a Colondo, of the first part, and --.a m o00 or ' F ~'n9 s IiOiPARll JOIIIQSTON and JOSEPHINE A. JOIINSTON ~~'!; of the Connty of Je ffe TSOn sad State of Colondo, of the aecoad part: WITNESSETH, that the said party of the fiat part, for and in caasidentioa at the sum of TEN and no/100ths llollars and other valuable consideration-- noLlnxs.- to the said party of the fiat part is hand paid by the said parties of the second part, the receipt whereof in herehy confused sad acknowledged, has graatod, bargain, sold and conveyed, and by th,•ae prmeata do ES grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, aoc is tenancy is conuaan but in joint tenancy, all the following described lot or parcel of road, situate, lying and being is the County of JCf fCr5011 and State of Colorado, to wit: beginning at a point GO feet South from intersection of a line G12 feet East from Nortlnaest corner of Sl4 1/4 Section 22, Township 3 Soutll, Range G9 IVesL and another line running Soutll 575 Lcet from center of North Golden Road, also known as Jefferson Avenue and/or West 44th Avenue; thence West 2G2 feet; thence North 83 feet, thence Lust 2G3 feet; thence Soutl] S3 feet more or less to begin- ning, Also, beginning at a point 23 ..feet North of intersection of line G12 feet East from Northwest corner of said SP! 1/4 and another line running South 575 feet from center of North Golden Road; also known as Jefferson Avenue or IVCSt 44th Avenue; thence {vest 2G3 feet; thence Nortll 51 feet; thence L•asterly to a point 100 feet Nortll of point of beginning; thence Soutl] 100 feet more or less to point of beginning. O ~~ d C77 Tt1C.F.TRF.R with nll and sineular tF~c hcreditamenta and appurtenances thereunto belonging, or N nnywinc oE~ Q V oli N ~. ao 0 6S M r02; o: a ~o a nr a Tats DEED, Made this day of Decent~~r"`o ~'~ 19 76, between EULA M. BOIVMAN, __.__.._ of the County of Jefferson ,State of Colorado, of the first part, and HOIYARD F.` JOiiNSTON and JOSEPFIINE A. JOIIIVSTON of the County of Jefferson and State of Colorado, of the second part: 294"J 140 WITNESSETH, That the said party of the first part, for and in consideration of the sum of R ,^ ~ ~ ~~ o ~ Q TEN and no/10Oths----------------------------,______,_______-DOLLARS to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit claimed, and by these presents do es remise, release, sell, convey and quit claim unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the said part Y of the first part has in and to the following des~rihed lot or parcel of land situate, lying and being in the County of efftterson and State of Colorado, to wit: Beginning at a point GO feet Soutli from intersection of a line 612 feet East from Northwest corner of SW 1/4 Section 22, Township 3 South, Range 69 1Vest and another line running Soutlt 575 feet from center of North Golden Road also known as Jefferson Avenue and/or 1Vest 44th Avenue; thence West 262 feet; thence Nortli 83 feet; thence East 2G3 feet; thence South 83 feet more or less to beginning. Also, beginning at a point 23 feel Nortli of intersection of line G12 feet East from Northwest corner of said SSV 1/4 and another line run- ning South 575 feet from center of North Golden Road; also known as Jefferson Avenue or (Vest 44th Avenue; thence (Vest 263 feet; thence 'North 51 feet; thence Easterly to a point 100 feet North of point of beginning; thence Soutli 100 feet more or less to point of beginning, together with any and all water rights pertaining thereto. (Consideration less than $100.00. No documentary fee needed.) TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said part, of the first part, either in law or equity, unto the said parties of the second paz•t, thew heirs and assigns forever, not in tenancy in common but in joint tenancy. DJ WITNESS WHEREOF, The said party of the first paz•t has hereunto set her hand and seal the day and year first above wri n. Signed, Sealed and Delivered in the presence of „ . _ ~/--~,~---~tct»~/[SEAL] E LA M. BOSV6tAN ..............._..-----_...-.._..-_.......-------......__._. ._.:_..........-----------•---....__. _._._.__....-...[SEAL] STATE OF COLORADO, ss. County of 1 j.-sin-- The foregoing instrument was acknowledged before me this 3o i~ day of ~ ~~ a~ ~~ r 19 76,by~;F~tid:~,;M, Bowman. :. ~}~~~fgy'!C'om;g;~s,~S}.expires l~~~v~ ~/~ /~7~. ..¢Y _~_,~.. ' ~ ~ tvTTNFSS'-rf!`v~~~hand and official seal. ~~~ ~~ The City of Wheat Ridge ADMINISTRATIVE /f~i iyv - / ~ ~ G PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applican d " Owner Locati o request _ ~f.~ Phone ~ ~f ~SJ Address U~,., ~ sue' ~„~ 5~ Phone ~.~~~~~~( Type of action requested (c~ieck one or ,more of the actions listed below which pertain to your request.) ' Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final [] ** See attached procedural guide for specific requirements. Detailed Description of request Variance/Waiver Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. 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 ~6f,,Applicant ~,; Subscribed a d sw SEAL My Received ~/25/g~ Receipt No._ Coo337`I 19 expires p "o~p l /~ Case No. Planning Commission Minutes August 21, 1997 Motion carried 7-0. Commissioner THOMPSON would like the horse power regulations discussed at a future study session. 5. Approval of Minutes: A motion was made by Commissioner THOMPSON, seconded by Commissioner SNOW to approve the minutes of August 14,1997 on September 4,1997. Motion carried 7-0. 6. PllbIIC Fornm(ThIS is the time for anyone to speak on any subject not appearing under Item 6 of the Public Hearing Section of the Agenda.) There was no one present to speak. 7. Public Hearing: A. Case No. WZ-97-9: An application by Josephine Johnston for approval of a rezoning from Agricultural-One to Residential-One A for property at 4313 Jellison Street. $. Case No. MS-97-3: An application by Josephine Johnston for the approval of a Two- lot minor subdivision with a setback variance for property located at 4313 Jellison Street. Said property is subject to rezoning review pursuant to Case NO. WZ-97-9. Case NO. A. And B. were considered under the same Public Hearing. Mr. McCartney presented an overview of these cases to the Commission. He stated that this is a request by the owner to rezone from Agricultural-One to Residential-One A, a 2-lot minor subdivision plat and a variance. The property is 1.1 acres and currently has single family residence on the property. The property is surrounded by low density residential to the south and east, high density residential to the north, and commercial uses to the west. He stated that the proposed 2-lot minor subdivision and zone change will not have an adverse impact on the neighborhood. Mr. McCartney submitted into the record the subdivision regulations, zoning ordinances, case file and packet materials, and exhibits. Posting requirements have all been met. Mr. McCartney elaborated on the applicants request. In conclusion, Mr. McCartney stated that staff recommends approval. Commissioner SNOW, Commissioner CERVENY and Meredith have discussion on Right of Ways and water rights. Commissioner WILLIAMS swore_in Josephine Johnston, 4313 Jellison, Wheat Ridge, who is Planning Commission Minutes August 21, 1997 the applicant. Ms. Johnston stated she was unable to maintain her property due to old age. Commissioner SNOW asked questions pertaining to the water rights and ditches. Further discussions continued. A motion was made by Commissioner BRINKMAN, seconded by Commissioner SHOCKLEY for approval of WZ-97-9 for the following reasons; 1. The proposal is compatible with the Wheat Ridge Comprehensive Plan and it is compatible with the existing character of the neighborhood. 2 The rezoning criteria supports this request 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval. Motion carried 7-0. A motion was made by Commissioner SNOW, seconded by Commissioner RASPLICKA for approval of MS-97-3 be approved for the following reasons: 1. The plat is consistent with the minimum requirements established in the Residential-One A zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Staff recommends approval. With the following conditions; 1. Applicant present a letter from the ditch company at the time of City Council meeting 2. Applicant gives 17' for the Jellison Street right-of--way as opposed to 25' as recommended by staff. Motion carried 7-0 The reason Planning Commission decided to approve a lesser dedication than requested by staff was that by doing so, it eliminated a need for the 8' front yard setback variance. C. Case NO. WZ-97-10: An application by Pacifica Holding Company, LLC, for approval of a rezoning from commercial-one to Planned Industrial Development and for approval of an outline development plan and a final Development plan and plat with a 5' sign setback variance. Ms. Reckert presented an overview of this case to the Commission. She stated that this is a request by the developer for rezoning, and for outline development plan and a final development with a sign setback variance. Ms. Reckert made clear that the new Development could protect the surrounding neighbors from the noise generated from I-70. She also pointed out that potential exhaust and noise pollution from the proposed industrial uses should be mitigated by the performance standards included on the plan. Ms. Reckert discussed the impacts of the rezoning. She made clear that all requirements for a Planned Development plan have been PUBLIC HEARING SPEAKERS' LIST DATE: August 21, 1997 AS NO: WZ-97-9 RgQLTEST: A public hearing to consider an application by Josephine Johnston folo ated t 4313 rezoning from Agricultural-One to A Residential-One A for property Jellison Street. _ PUBLIC HEARINGS _PROCJCEREMONIES BIDS/LOTIONS _ INFORMATION ONLY AGENDA ITEM TITLE: S UMAIARY/REC0IIM E ND AT IO N: ATTACHMENTS: ~~ 1) Council Bill No. ~) 3) AGENDA ITEiVI RECAP -AGENDA [TEri October f3, I997 Meeting Date QUASI-JUDICIAL X _ _ _ Yes No _ CITY ADbt. ivIATTERS _ ELEC. OFFICIALS MATTERS _ CITY ATTY. hIATTERS ~ ORDINANCES FOR IST READING LIQUOR HEARINGS _ ORDINANCES FOR 2ND READING _ PUBLIC COivLbIENT _ RESOLUTIONS WZ-97-9/Johnston Consider first reading for a rezoning from Agricultural-One to Residential-One A for property located at 4313 Jellison Street BUDGETED ITEM Yes No Fund _ _ DepdAcct R Budgeted Amount ~ Requested E:cpend.~_ Requires Transfer/ ^ a Supp. Appropriation ~ Yes No RECOhibiENDED MOTIONS: `~ NoV~hK~~ ~ [ move that Council Bill ~ be approved on first reading, ordered published, public hearing be set for Monday, Ocseber3a;-F94% at 7:00 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading take effect l5 days after final publication ~otWi~~G, r~qu~`ts ~_1R '~-«- ~rrv'rl,~(nd~r~ lllf- 1 ~ ~y~~ ~su~1V(5l0l~ lOD t ~-1 ~,b~vl~° a~- 75 ` ,~-~~ `~I{z2e, ps rezph,~9 ~ ~(~fi ~ ~v~o ~r~ e p~~ . INTRODUCED BY COUNCIL MEMBER Council Bill No. ~_ ORDINAi~TCE NO. _ Series of 1997 TITLE: AN ORDINAi~TCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE TO RESIDENTIAL-ONE A ON LAND LOCATED AT 4313 JELLISON STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: ect' .Upon application by Josephine Johnston for approval of a rezoning, in Wheat Ridge, Colorado, Case No. WZ-97-9 and based on recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the A-1 and to include in the R-1 A zone district the following described land: BEGINNING AT THE WEST % CORNER OF SECTION 22, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M. FROM WHICH THE SW CORNER OF SAID SECTION BEARS S00° 09'23"E A DISTANCE OF 2630.26 FEET AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE N89 ° 26'53"E ALONG THE NORTH LINE OF THE S W QUARTER, A DISTANCE OF 346.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00° 06'46"W ALONG THE EAST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 84.32 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 93094871 RECORDED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO; THENCE N79° 04'26"E ALONG SAID LINE, A DISTANCE OF 271.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF JELLISON STREET; THENCE S00°12'37"W ALONG SAID RIGHT OF WAY, A DISTANCE OF 195.08 FEET; THENCE S89 °38'26"W, A DISTANCE OF 265,71 FEET; THENCE N00° 06'46"W ALONG THE WEST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 60.94 FEET TO THE POINT OF BEGINNING CONTAINING 45,293 SQUARE FEET OR 1.0398 ACRES MORE OR LESS. ecti .Vested Property Right Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section _ - 26(~ of Appendix A of the Code of Laws of the City of WheatRidge. Safety Clause. The City Council hereby finds, determines, and declazes that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfaze of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance beazs a rational relation to the proper legislative object sought to be attained. Ordinance No. Pane 2 ect' 4 Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, suchjudgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. ect This ordinance shall take effect days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to_ on this day of , 1997, ordered published in full in a newspaper of general circulation in the.Ciry of Wheat Ridge and Public Hearing and consideration on final passage set for February 24, 1997, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this _ day of , 1997. ;SIGNED by the Mayor on this _ day of 1997. DAN WILDE, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: CITY OF WHEAT RIDGE PLAi~TtilYG DIVISION STAFF-REPORT TO: Planning Commission DATE OF MEETING: August Z1, 1997 DATE PREPARED: August 11,1997 CASE NO. & NAME: WZ-97-9 /Johnston CASE MANAGER: Sean McCartney MS-97-3 ACTION REQUESTED: An application by Josephine Johnston for approval of a rezoning from Agricultural- One to Residential-One A, a 20' front yard setback variance to the 30' front yard setback requirement, and a 2-lot minor subdivision. LOCATION OF REQUEST: 4313 Jellison Street N~utitE & ADDRESS OF APPLICANT(S) Josephine Johnston 4313 Jellison Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: 1.1 acres Agricultural-One Residential Single Family SURROUNDING ZONING: ~1; Residential-Three„~: Residential-One A and Commercial-One, ~: Agricultural-One and Residential-One A W: Commercial-One SURROUNDING LAND USE: ~I: Multi-Family Resideniial,~: and E: Single Family, and W: Commercial COMPREHENSIVE PLAN: Lo~v Density Residential /Commercial Activity Center DATE PUBLISHED: August 1,1996 DATE POSTED: August 7,1996 DATED LEGAL NOTICES SENT: August 7,1996 -- --AGENCY CHECKLIST: (XX) ( )NOT REQUIRED RELATED CORRESPONDENCE: (XX) ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) ZONING ORDINANCE (XX) SUBDIVISION REGULATIONS ()NONE (X.~ CASE FILE & PACKET MATERIALS (XX) EXHIBITS O OTHER JURISDICTION: - The property is within the City of Wheat Ridge, and aft notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. PIanning Commission Staff Report Page ~ WZ-97-9 / ivLS-97-3 / Johnston _.-,..__ i. REQUEST The applicant requests the approval of a rezoning from Agricultural-One to Residential-One A, and a 2-lot minor subdivision plat at 4313 Jellison Street. The property in question is 1.1 acres, and is located in a neighborhood that is primarily residential single famtly. The property in question is an enclave of Agricultural-One zoning with Residential-One A zoning on two sides. Approval of the applicant's request would allow for the extension of an existing zone district (Residential-One A). The change would create continuity through the immediate neighborhood, without effecting the existing and future density. The Wheat Ridge Comprehensive Plan shows Commercial Activity Center land use extending into the neighborhood, from I{ipling Street.. But, because the chazacter of the existing neighborhood is primarily residential, staff does not anticipate.commercial activities intruding into this residential neighborhood. It would be recommended that any rezoning for properties along Jellison Street remain residential. The applicant is also requesting approval to subdivide the property into two separate lots. The subdivision would create a 21,052 squaze foot pazcel (lot 1) and a 19,422 squaze foot lot (lot 2). Both lots would comply with the minimum lot size and minimum lot area requirements established in the Residential-One A development regulations. Although both pazcels comply with the minimum lot azea required in the Residential-One zone district, staff suggested the Residential-One A zone district to establish zoning cohesiveness throughout the neighborhood. In addition, due to a 25' right-of--way dedication requirement along Jellison Street, the applicant is also seeking approval of a 20' front yard setback variance (see exhibit "A"). If approved, the house will be located 10' from the front property line. Also, there will not be any physical changes to the existing structure or the existing infrastructure, so approval of the variance will not alter the essential chazacter of the neighborhood. See Section III of this report. Sepazate motions will be needed for each action. II. REZONE CRITERIA __ .: _ In accordance with Wheat Ridge Code of Laws, Section 26-6 (C), before a change of zone is approved, the applicant shall show and PIanning Commission shall find: 1. That the change of zone is in conformance, or will bring the property in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies for the area. The Wheat Ridge Comprehensive plan designates the azea as Low Density Residential transitioning into Commercial Activity Center. The request for low density residential would be in conformance with the Comprehensive Plan. The character of the neighborhood is primarily Iow density residential, incorporating Agricultural-One, Residential-One A and Residential-Three zone districts and the property is currently being Planning Commission Staff Report Page 3 WZ-97-9 / MS-97-31 Johnston - ---.. _.. used as residential single family. Therefore, a zone change to Residential-One A will be consistent with the surroundings. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes low density residential to the south and east, high density residential to the north, and commercial uses to the west (along ICipling Street). The commercial uses to the west may be considered incompatible, however the potential impacts aze mitigated because there is no commercial traffic on to, nor commercial access off of Jellison Street. Therefore, the proposed 2-lot minor subdivision and zone change will not have an adverse impact on the neighborhood. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change ofzoning. The social and physical benefits attributed to the request is that the two pazcels will remain low density residential. But, because the request is neither for an additional pazk or commercial use, there will not be any recreational or economic benefits to the community. 4. The adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. According to the Valley Water District, there is cuaently a water main located in front of the property (along Jellison Street), from which the existing residential structure currently receives water service. The proposed residential structure would need to seek an additional tap and service line at the property owner's expense. Also, because Jellison Street is a paved right-of--way, there is adequate and safe access onto the proposed site. _, 5. That the proposed rezoning will nat adversely affect the public health, safety or welfare by __ creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Approval of the proposed rezoning will allow for the construction of a typical single family residential structure. Staff has not seen any proposals for the future development of the site, but the site does allow for adequate development potential on the property without causing adverse affects, such as drainage problems, to the adjacent properties. Also, because the property will only peanit a single family residence, there should not be any excessive traffic congestion. Planning Commission Staff Report page 4 ~VZ-97-9 / DIS-97-3 / Johaston -- .--. b. That the property cannot. reasonably be developed under the existing zoning conditions. Because the property is currently located in the Agricultural-One zone district, and is at least 1 acre in size, the property does comply with the current development regulations. But, the applicant has stated that the property is too lazge for her to maintain by herself, and is seeking approval of the rezoning and subdivision request to allow for the sale of half of the lotto allow the property to be sold and developed. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Al[hough~the proposal would be relatively compatible with the development regulations established in the Residential-One zone district, staff consulted with the applicant prior to submittal of the application and informed her that a rezone to Residential-One A would allow for consistency with the surrounding zone district (to the east and south). 3. That there is a void in as area or community need that the change of zone will fill by providing '. for necessary services, products or facilities especially appropriate at this location. As previously stated, the applicant is seeking approval of the request because her property is currently too large for her to maintain by herself. Therefore, approval of the request will permit development of an existing open area, thus providing the necessary improvements which tivill allow for compatibility with the existing neighborhood. III. VARIANCE CRITERIA The applicant is requesting approval of a 20' front yazd setback variance to the 30' front yard setback requirement. The request is based on the 2~' right-of--way dedication requirement established by the Wheat Ridge Public Works Department. If approved, the adjusted property line will be approximately 10' from the existing residential structure. .In accordance with Wheat Ridge Code of Laws, Section 26-6 (D), before a variance is approved, the __ ,applicant shall show and the Planning Commission shall find: 1. Can the property in question yield a reasonable return in use, service, or income if permitted to be used only under the conditions alloFVed by regulation for the District in which it is located; and, Yes. If denied, the property in question may yield a reasonable return in use, service or income. But; because the need for the variance is based upon a 25' right-of--way dedication required by the Wheat Ridge Public Works Department, there will not be a physical adjustment or change to the infrastructure or the existing structure. Planning Commission Staff Report Page 5 a WZ-97-9 / MS-97-3 / Johnston = .-_ 2. Is the plight of the owner due to unique circumstances; and, Yes. The plight of the owner is due to the 2S right-of--way dedication required along Jellison Street. 3. If the variation were granted, would it alter the essential character of the locality; and No. Because the physical attributes of the existing structure and infrastructure will not change, the essential character of the locality will not be effected by the approval of the variance. 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, Yes. Upon approval of the subdivision request, established in this report, the physical shape of the property will be modified. Therefore the adjusted property line will create anon-confonning setback for the existing structure.~~ 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to other property within the same zoning classification; and, Yes. The conditions upon which the petition is based would be applicable to other properties within the same zoning classification should they be required to dedicate property for public right-of--way. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property; and, No. The purpose of the variation is due to a public right-of--way dedication, required by the city, as it pertains to a proposed subdivision. The subdivision request is based upon convenience for the applicant, not solely upon the desire to make money out of the property. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property; and, No. As previously stated, the hardship was created upon the requirement fora 25' dedication for public right-of--way. Planning Commission Staff Report Page 6 b WZ-97-9 / MS-97-3 / Johnstori - --- -- 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, No. Granting of this variance would not be detrimental to the publics welfaze or injurious to other property improvements as there will not be any physical changes to the existing residence or infrastructure. 9. Would the proposed variation impair the adequate supply of tight and air to adjacent property or substantially increased the congestion in the public streets or increase the danger of fire or eadanger the public safety or substantially diminish or impair property values within the neighborhood,,and No. Approval of the variance will not impair the adequate supply of tight and air to the adjacent property or substantially increase the congestion in the streets or the danger of fire as approval of the variation will not change the physical attributes of the existing structure. 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 variance will not benefit or be a contribution to the neighborhood or the community as the variation will not change the character of the community. The variation, as stated before, is due to a dedication of property for public right-of--way. The existing home has remained in the same location for more than forty yeazs. IV. SUBDIVISION DESIGN - .If the rezoning and variance portion of this. case is approved, the third portion of the application has grounds to be approved. Currently, there is an existing house located on the south portion of the existing property, which measures 238' X 195' X 271' X 145' (l.l acres). The 2-lot minor subdivision would allow for the creation of two separate, conforming lots. The proposed lots would allow for 21,052 square feet (lot 1), and 19,422 squaze feet (lot 2). The existing house will be located on Lot 1. Although the proposed parcels would be large enough to be located in the Residential-One zone district, it is staffs' opinion that a rezone to Residential-One A would be more compatible with the existing surrounding zone district. Both the Residential-One and Residential-One A zone districts permit similar Planning Commission Staff Report WZ-97-9 / MS-97-3 / Johnston single family uses. Page 7 Along the north and west property lines, there is an existing drainage ditch (labeled as "Oulette Ditch"). There has been a ditch easement established along the north and west property lines. As shown on the plat, Public Works required the dedication of 2S of land from the eastern portion of the property (along Jellison Street). There will also be 5' utility easements required along the north, south and west property lines. ~ The required 10' utility easement is shown on the east side of the properties. All minimum requirements of the Subdivision Regulation have been met. V. AGENCY REFERRALS Valley Water District has indicated that there is an existing water main in the street (Jellison) in front of the property that should be adequate to serve the proposed property to the north. Arvada Fire Protection District does provide fire protection through station I. Wheat Ridge Public Works requested a 25' right-of--way dedication along Jellison Street. VI. STAFF RECOMMENDATION Staff has concluded that the proposed rezoning is consistent with the Wheat Ridge Comprehensive Plan. The request is also consistent with the existing land uses that surround the property and the subdivision is consistent with the minimum requirements established in Residential-One A zone district regulations. Staff has further concluded that the criteria used to evaluate a zone change and variance supports approval of the request , as approval of the variance will not change the physical attributes of the existing residence and right-of--way infrastructure. Also, all of the requirements of the Subdivision Regulations have been met. For these reasons, a recommendation of Approval is given for cases WZ-97-9 and MS-97-3. VII. RECOMMENDED MOTIONS - __ REZONING OPTION A: "I move that case no. WZ-97-9; an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be approved and forwarded to City Council for the following reasons: 1. Although the proposal is not compatible with the Wheat Ridge Comprehensive Plan, it is compatible with the existing chazacter of the neighborhood. 2. The rezoning criteria support this request. ' 3. There has been no ovemding protest registered by surrounding property owners. 4. Staff recommends approval." Planning Commission Staff Report Page 8 ~VZ-97-9 / MS-97-3 / Johnston _._._ .. _, OPTION B: "I move that case no. WZ-97-9, an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be denied and forwarded to City Council for the following reasons: 1. 2. 3." VARIAN F OPTION~A: "I move that the request for the 20' front yard setback variance, to the 30' front yard setback requirement for the property at 4313 Jellison Street be approve for the following reasons: 1. Approval of the request will not change the physical attributes of the existing residence and right-of- way infrastructure. 2. The tieed for the variance is based upon the 25' right-of--way dedication required by the Wheat Ridge Public Works Department. 3. The essential character of the locality will not be changed." OPTION B: "I move that the request for the 20' front yazd setback variance, to the 30' front yard setback requirement for the property at 4313 Jellison Street be denied for the following reasons: 1. 2. 3." MINOR SUBDIVI ION OPTION A: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be approved for.the following reasons: 1. The plat is consistent with the minimum requirements established in the Residential-One A zone districts. _. 2. All requirements of the Subdivision Regulations have been met. :.3.. Staff recommends approval. OPTION B: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be denied for the following reasons: >, ~. THE GOLDEN TRANSCRIPT 1000 10th Street, Golden, CO Copy of Publication Proof of Publication STATE OF COLORADO SS _ _11~~1LS~~/ being duly says. d 1. That (he) (she) is the Agent of the Golden Transcript newspaper printed anal published in the City of Golden, County of Jefferson and State of Colomdo, and has personal knovAedge of all the facts set forth in this affidavit. 2. That the said Golden Transcript is printed and published once each week ml Friday, and that it has a general circulation in the Ciry of Golden and in the County of Jefferson and elsewhere, delivered by carriers or transmitted by mail tr, each of the suh- scribers of said paper, according to the accus- tomed mode of business in this office. - 3. That the said Golden Transcript was established and has been printed and published in the said City of Golden and the County of Jefferson uninterrupt- ed and continuously during 2 period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said publicatioo, a copy of which is hereto attached. 4. That the said Golden Transcript is a weekly newspaper of general circulation, and is printed and published in whole or in part in the Ciry of Golden and the said County of Jefferson in which said publication is required by law to be published, a copy of which is hereurilo attached. 5. That the said Golden Transcript is a weekly newspaper qualified to publislt legal notices, as defined by the Statutes of the State of Colorado. 6. That said newspaper had, prior to January 1, 1936, and has evar since that date, been admide to the United Stafes• mails as second class matter under the provisions of the Act of March 3, 1979. or any amendmeius thereto. 7. That the said annexed publication was published in the regular and entire edition cf the Golden Transcript, a duly yualitied weekly newspaper for that purpose, within [he terms and means of [he Statutes of the State of Colorado. 8. That the said annexed publicatan is a full, true, and correct copy of the crginal svhirn eras regular- ly published in each of the regular and entire issues of said newspaper, a legally qualified paper for that purpose, once each week, on the same day of each week, far ~ successive vreeks, by I _ inser- tions, and that the frt oubrrGon theaof „as In the issue dated ~t O ~(~ ~ 19~~ and that the,Iast pubiitaNOr; was in the issue dzted and swk~rrr/r, ./~'p ore me tF;c daY ~nf _ ~~ v..... -. _.. Notary P is ~ ~~~~~~_, ~Cc~t.e._~~l_' Wesj pyW Ave+ioacil Chamboryo,T O( REgp~ Wheaz Riage, CoF AOOP7ED ~~ v~Me~ ~jp d Wd MaIa YOB! ~ SIGNED-yy rha Mayor on lyy _ Yor~Vtg97- ((I A77Eg7: .., ANWILD MAR 1 APP.RO~RK , . . take i ._ ® • ~i~' 7500 West 29th Avenue The City of Wheat Ridge, Colorado heat Telephone 303/ 237-6944 R1Clge November 10, 1997 This is to inform you that Case No .MS--97-03 & WZ-97-9 which is a requestfor~ r~~ oval of a two-lot _ subdivision a 20' frontvard setback variance and re7oni~: from Agricultural- One to Residential- OneA for property located at 4313 Jellison Street will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:00 P.M. on November 24. 1997. _ All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the City Council. A.s 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. Ifyou have any questions or desires to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" 1 1 n. p .. _ i[F a4 a.p x~_rr _x xx.._• ' 1 ~, fx e ~, 2 Ul > ~., - ~:: . v :.mac &'~n ~.r d' '. ~.J `. ~ ~ ~ j ` '~ ", ` ~~ ~~ ..~ tom. ~R c .+ =_ e~„ ~ J ~ y ~ eP ~ * _.'~'" e I c ~ ~ ~ o W I ac _,,. , ~ ~ /~ _ .; ~ I ~ P Q; ~ ` a m w "Y '~ w I ° ~ ~' ~ ~ ~ ~ ~ ~ ~ tr~ r _ d W CC ~> ~ ¢~ ~~ ~ ~o n ,_...~___.. _._ ~.___ _ _. ,_,. W ~ w a I F I ~ w ~ O xN Q m U ~~ m ~ N ~ N ~ I'- w W ~ ~ I V. • 3¢ $~ 3 w ' LL ~ -..~ ~ > 0o < `,o w ~~ LL ' ~ °~w ~ ~~o~ U N F ~[f .. 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PS FORM 3800 US Postal Service Receipt for Certified Mail o _ ----- CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: November 24, 1997 DATE PREPARED: November 10, 1997 CASE NO. & NAME: WZ-97-9 / Johnston CASE MANAGER: Sean McCartney MS-97-3 ACTION REQUESTED: An application by Josephine Johnston for approval of a rezoning from Agricultural-One to Residential-One A, and a 2-lot minor subdivision with an 8' front yard setback variance. LOCATION OF REQUEST: 4313 Jellison Street NAME & ADDRESS OF APPLICANT(S) Josephine Johnston 4313 Jellison Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 1.1 acres PRESENT ZONING: Agricultural-One PRESENT LAND USE: Residential Single Family SURROUNDING ZONING: N: Residential-Three, S:Residential-One A and Commercial-One, E: Agricultural-One and Residential-One A W: Commercial-One SURROUNDING LAND USE: N: Multi-Family Residential S: and E: Single Family, and W: Commercial COMPREHENSIVE PLAN: Low Density Residential /Commercial Activity Center - w- ~.. ~. - _ DATE PUBLISHED: November 7, 1997 DATE POSTED: DATED LEGAL NOTICES SENT: AGENCY CHECKLIST: RELATED CORRESPONDENCE: November 10, 1997 November 10, 1997 (XX) (~) ( )NOT REQUIRED ( )NONE .; ENTER INTO RECORD: (XX) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBIOT~R (XX) SUBDIVISION REGULATIONS ( ) 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. City Council Staff Report Case No. WZ-97-9/MS-97-3/Johnston I. REQUEST Page 2 The applicant requests the approval of a rezoning from Agricultural-One to Residential-One A, and a 2-lot minor subdivision plat at 4313 Jellison Street with an 8' front yard setback variance to the 30' front yard setback requirement. The property in question is 1.1 acres, and located in a neighborhood that is primarily residential single family. The property in question is an enclave of Agricultural-One zoning with Residential-One A zoning on two sides. The surrounding properties range from 21,780 square feet to 10,648 square feet in lot area. Approval of the applicant's request would allow for a continuation of an existing zone district (Residential- One A) and would be compatible with the character of the neighborhood. The change would create consistency throughout the neighborhood, without effecting the existing and future density. The Wheat Ridge Comprehensive Plan shows a Commercial Activity Center land use extending into the neighborhood, from Kipling Street. But, because the character of the existing neighborhood is primarily residential, staff does not anticipate, nor would we support, commercial activities intruding into this residential neighborhood. It would be recommended that any rezoning for properties along Jellison Street remain residential. The applicant is also requesting approval to subdivide the property into two separate lots. The subdivision would create a 21,052 square foot parcel (lot 1) and a 19,422 square foot lot (lot 2). Both lots would comply with the minimum lot size and minimum lot area requirements established in the Residential-One A development regulations. Although both parcels comply with the minimum lot area required in the Residential-One zone district, staff suggested the Residential-One A zone district to establish zoning cohesiveness throughout the neighborhood. The property would not meet minimum 100' width for Residential-One, requiring variances. Staff requests that a note should be added to the plat prohibiting any future subdivisions of lot 1 or lot 2. In addition, due to a 25' right-of--way dedication requirement along Jellison Street, the applicant is also seeking approval of an 8' front yard setback variance (see exhibit "A"). If approved, the house will be located 22' from the front property line. Also, there will not be any physical changes to the existing structure or the existing infrastructure, so approval of the variance will not alter the essential character of the neighborhood. See Section III of this report. Planning Commission heard this case on August 21, 1997. They approved both cases, but modified the right-of--way requirement established by the Public Works Department. The Planning Commission did not feel a 25'right-of--way, creating 50'right-of--way, was needed for a local neighborhood collector. Therefore, Planning Commission reduced the right-of--way requirement from 25' to 17', thereby negating the need for an 8' front yard setback requirement. Separate motions will be needed for each action. II. REZONE CRITERIA In accordance with Wheat Ridge Code of Laws, Section 26-6 (c), before a change of zone is approved, the applicant shall show and City Council shall find: 1. That the change of zone is in conformance, or will bring the property in conformance with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, Comprehensive Land Use plan and other related policies for the area. The Wheat Ridge Comprehensive Plan designates the area as Low Density Residential transitioning into Commercial Activity Center to the west. The request for low density residential would be in conformance with the Comprehensive Plan. The character of the neighborhood is primarily low density residential, incorporating Agricultural-One, Residential-One A and Residential-Three zone districts and the property is currently being used as residential single family. Therefore, a zone change to Residential-One A will be consistent with the surroundings. 2. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. Surrounding land use includes low density residential to the south and east, high density residential to the north, and commercial uses to the west (along Kipling Street). The commercial uses to the west may be considered incompatible, however the potential impacts are mitigated because there is no commercial traffic on to, nor commercial access off of Jellison Street. Therefore, the proposed 2-lot minor subdivision and zone change will not have an adverse impact on the neighborhood. 3. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zoning. The social and physical benefits attributed to the request is that the two parcels will remain low density residential. But, because the request is neither for an additional park or commercial use, there will not be any recreational or economic benefits to the community. 4. The adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. According to the V alley Water District, there is currently a water main located in front of the property (along Jellison Street), from which the existing residential structure currently receives water service. A proposed residential structure on lot 2 would need to seek an additional tap and service line at the property owner's expense. Also, because Jellison Street is a paned right-of--way, there is adequate and safe access onto the proposed site. 5. That the proposed rezoning will not adversely affect the public health, safety or welfare by creating excessive traffic congestion, create drainage problems, or seriously reduce light and air to adjacent properties. Approval of the proposed rezoning will allow for the construction of a typical single family residential structure. Staff has not seen any proposals for the future development ofthe site, but the site does allow for adequate development potential on the property without causing adverse affects, such as drainage problems, to the adjacent properties. Also, because the property will only permit a single family residence, there should not be any excessive traffic congestion. 6. That the property cannot reasonably be developed under the existing zoning conditions. Because the property is currently located in the Agricultural-One zone district, and is at least 1 acre in size, the property does comply with the current development regulations. But, the applicant has stated that the property is too large for her to maintain by herself, and is seeking approval of the rezoning and subdivision request to allow for the sale of half of the lot to allow the property to be sold and developed. 7. That the rezoning will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Although the proposal would be relatively compatible with the development regulations established in the Residential-One zone district, staff consulted with the applicant prior to submittal of the application and informed her that a rezone to Residential-One A would allow for compliance with the surrounding zone district (to the east and south). It would not require a lot width variance if rezoned to Residential-One A, rather than Residential-One. 8. That there is a void in an area or community need that the change ofzone will fill by providing for necessary services, products or facilities especially appropriate at this location. As previously stated, the applicant is seeking approval of the request because her property is currently too large for her to maintain by herself. Therefore, approval of the request will permit development of an existing open area, thus providing the necessary improvements which will allow for compatibility with the existing neighborhood. III. VARIANCE CRITERIA The applicant is requesting approval of an 8' front yard setback variance to the 30' front yazd setback requirement. The request is based on the 25'right-of--way dedication requirement established by the Wheat Ridge Public Works Department. If approved, the adjusted property line will be approximately 22' from the existing residential structure. Planning Commission reviewedthe request for the variance anddid notbelieve a 25'right-of--way dedication should be required for this level of street. Upon approval of Planning Commission, a condition was made to reduce the right-of--way dedication from 25' to 17'. If City Council decides to accept the condition established through Planning Commission motions, then the need for the 8' front yazd setback variance is negated. In accordance with Wheat Ridge Code of Laws section 26-6 (D), before a variance is approved, the applicant shall show and the City Council shall find: 1. Can the property in question yield a reasonable return 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? Yes. If denied, the property in question may yield a reasonable return in use, service or income. But, because the need for the variance is due to the 25' right-of--way dedication required by the Wheat Ridge Public Works Department, there will not be a physical adjustment or change to the infrastructure or the existing structure. 2. Is the plight of the owner due to unique circumstances? Yes. The plight of the owner is due to the 25'right-of--way dedication required along Jellison Street. 3. If the variation were granted, would it alter the essential character of the locality? No. Because the physical attributes of the existing structure and infrastructure will not change, the essential character of the locality will not be effected by the approval of the variance. 4. Would the 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? Yes. Upon approval of the subdivision request, established in this report, the physical shape of the property will be modified. Therefore the adjusted property line will create anon-conforming setback for the existing structure. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. The conditions upon which the petition is based would be applicable to other properties within the same zoning classification should they be required to dedicate property for public right-of--way. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? No. The purpose of the variation is due to a public right-of--way dedication, required by the city, as it pertains to the proposed subdivision. The subdivision request is based upon convenience for the applicant, not solely upon the desire to make money out of the property. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. As previously stated, the hardship was created upon the requirement fora 25' dedication for public right-of--way. 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? No. Granting of this variance would not be detrimental to the public's welfare or injurious to other property improvements as there will not be any physical changes to the existing residence or infrastructure. 9. Would the proposed variation impair the adequate supply oflight and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair the property values within the neighborhood? No. Approval of this variance will not impair the adequate supply oflight and air to the adjacent property or substantially increase the congestion in the streets or the danger of fire as approval of the variation will not change the physical attributes of the existing structure. 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 vaziance will not benefit or be a contribution to the neighborhood or the community as the variation will not change the character of the community. The variation, as stated before, is due to a dedication of property for publicright-of--way. The existing home has remained in the same location for more than forty yeazs. IV. SUBDIVISION DESIGN If the rezoning portion of this case is approved, the second portion of the application has grounds to be approved. Currently, there is an existing house located on the south portion of the existing property, which measures 238' X 195' X 271' X 145' (1.1 acres). The 2-lot minor subdivision would allow for the creation of two sepazate, conforming lots. The proposed lots would allow for 21,052 squaze feet (lot 1), and 19,422 square feet (lot 2). The existing house will be located on lot 1. Although the proposed parcels would be lazge enough to be located in the Residential-One zone district, it is staffs' opinion that a rezone to Residential-One A would be more compatible with the existing surrounding zone district. Both the Residential-One and Residential-One A zone districts permit similar single family uses. Along the north and west property lines, there is an existing drainage ditch (labeled as "Oulette Ditch"). There has been a ditch easement established along the north and west property lines. As shown on the plat, Public Works required the dedication of 25' of land from the eastern portion of the property (along Jellison Street). There will also be 5' utility easements required along the north, south and west property lines. The required 10' utility easement is shown on the east side of the properties. All minimum requirements of the Subdivision Regulation have been met. V. AGENCY REFERRALS Valley Water District had indicated that there is an existing water main in the street (Jellison) in front of the property that should be adequate to serve the proposed property to the north. Arvada Fire Protection District does provide fire protection through station 1. Wheat Ridge Public Works requested a 25' right-of--way dedication along Jellison Street. VI. PLANNING COMMISSION ACTION Planning Commission Reviewed this request at a public hearing held on August 21, 1997. A recommendation of approval was given for the following reasons: Case no. WZ-97-9: 1. The proposal is compatible with the Wheat Ridge Comprehensive Plan and it is compatible with the existing chazacter of the neighborhood. 2. The_ rezoning criteria supports the request. 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval. Case no. MS-97-3: 1. The plat is consistent with the minimum requirements established in the Residential-One A zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Staff recommends approval. With following conditions; 1. Applicant present a letter from the ditch company at the time of City Council meeting. 2. Applicant gives 1 T for the Jellison Street right-of--way as opposed to 25' as recommended by staff. Planning Commission decided to approve a lesser dedication than requested by staff to eliminate the need for the 8' front yard setback vaziance. VII. STAFF RECOMMENDATION Staff has concluded that the proposed rezoning is consistent with the Wheat Ridge Comprehensive Plan. The request is also consistent with the existing land uses that surround the property and the subdivision is consistent with the minimum requirements established in Residential-One A zone district regulations. Staff has fiuther concluded that the criteria used to evaluate a zone change and vaziance supports approval of the request, as approval of the variance will not change the physical attributes of the existing residence and right-of--way infrastructure. Also, all of the requirements of the Subdivision Regulations have been met. For these reasons, a recommendation for APPROVAL is given for cases WZ-97-9 and MS-97-3. VIII. RECOMMENDED MOTIONS REZONING OPTION A: "I move that case no. WZ-97-9, an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be approved for the following reasons: 1. Although the proposal is not compatible with the Wheat Ridge Comprehensive Plan, it is compatible with the existing character of the neighborhood. 2. The rezoning criteria support this request. 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval." OPTION B: "I move that case no. WZ-97-9, an application for approval of a rezone from Agricultural-One to Residential-One A, located at 4313 Jellison Street, be denied for the following reasons: 1. 2. 3." MINOR SUBDIVISION OPTION A: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be approved for the following reasons: 1. The plat is consistent with the minimum requirements established in the Residential-One A zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Staff recommends approval. OPTION B: "I move that Case MS-97-3, a request fora 2-lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be denied for the following reasons: 1. 2. 3." VARIANCE OPTION A: "I move that the request for an 8' front yard setback variance to the 30' front yard setback requirement, for property located at 4313 Jellison Street, be APPROVED for the following reasons: 1. Public Works Department requires 50' for local street right-of--way. 2. The existing residence will not be altered. 3. Staff recommends approval." OPTION B: "I move that the request for an 8' front yazd setback variance to the 30' front yard setback requirement, for property located at 4313 Jellison Street, be DENIED for the following reasons: 1. 2. 3." _~~ IIrIrS~'' ° ~ LF . ~' ~1~ uu ~w;~~ YYY~~~"' "l V 'LL1 NEST lME Of !XE Sw 1/f SECPBN z3 500'Oa'S0"E 36J0 E~_$1 0<YS O! 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U Z ~, ~ v Rg Q o='~ $„ p'^ S°7I ' ~ma " 'ap A • ~ 7 R M '- '^ _ >~„ "~'"m~ K go a Z " n =~ $4 gR " R E'~ a r ^"gG 'g ' a 4 gm3; ~ ~ °' A m 'gR ~~~ ° 7 ~ § a age c ~> oY=m,~ z = og^m ~ ~ ; :~i ~ ~ 8 ' ~ ~ mF~ age & ~ £ n~~ - ~ I a ~,~ m ~Q 2 ~o.n-/. fig".,. ti .. ~s n ~ ~j ~I ~i u. >~ i i =' ~I ° ~ $ a " 3m °$ ~~~ eo `" °° m` 4~ n ° i > „~I R ° ~~~~ j ~` ~" g ~~~i ~i I 1 Y ~ In A ' I I ~ z$ ~ AY ° 3 Ig'? j~ i g g $ ~ " I i Rf Q '~ ~ V " I " ~° ,> I i $ I~I~ f 0 Z rn n O K a a o~p m z ~ir nvo `A A (~ V1 ooz 1c'fco n r r O o_o K~0 m ~mz miO T r~m Aym O /~ Z~~ O N1 m N mmo 2 ~~m EJ i ~ //~ o. o V/ o z ~ C . O N 0 0 ~_ N Z O }~~ R~~ o gg$ ~^:: o= o i¢~ om^: z $3^ smm m `m °? fig" ~~ g~o ~? 9;q ~3 m~ 7 I! __ 3034317176 CANTRR ENGItJEERING 955 P02/02 RUG 21 '97 14:26 EXHIBIT A A PARCEL OF LAND LOCATED 1N THE WEST 1/2 OF SECTION 22, TOWNSHIP 3 SO UTH, RANGE 69 WEST OF-THE 6TH P:M. CITY OF WHEATRtDGE, COUNTY OF JEFFERSON, STATE OF COLORADO CYNUOSEPHME JCHNSiIXV .W wIW31] GN, AUG ]i. l99] BI(,~ENH191i.DWG 19422 SQ. FT. ZONED R-tA i t m ~ 00 '' ~ i ,-. W 263 {RECORD) v ° ~ o I ~ ~ __ ~ E 263' (RECORD) m I 241.13' JJI ~ + '+ 22.P ' s ~ O 1¢.15 3 31 BRICK ~~ p n ' v HOUSE ~~ d N z~ ~ W t_oT 1 r sa ;~ of W 21052 SQ. FT. 1 1 ~ ,°n+ ~ ZONED R-1A rn 4' BRICK WALK ! O ~ ~ I w -- -238.D3'- J ~ _ J S89'38'26"W 265.71' W 262' (RECORD) 10' SETBACK 0' 30' 60' 90' SCALE 1"=30' Contra ~w 4na11M~4/e~w+LrN ivr~]~n m~vrv uw ~nw ury o-rr. nwt n M ~iHNN MY YFTI~ rn m °rn * ^oI * o0I of p ~ ~ ~ ~ ~ ~ ~ ~ ~ 4390 R-c R-2 ~ l -_ o V rn N O N -R-2 0 N N * N dM- Z o J rn i ~v~c ~' °' ~ ~ °' ( ~ 0 ~ ~ 0 * ~ ~ -1 0 ~ ~ 0 ~ ~ ~ 0 N ~ ~ 1~~ ~~~ A-. 9 • CITY COUNCIL, MINUTES: November 24,1997 Page -2- Odarka Figlus, 9775 West 36th Avenue, member of Parks and Recreation Commission, gave update on progress of Recreation Center. John Kellow, President of Bayou Ditch Association, distributed copies of a fax he received this morning. He will set an appointment with Mr. Middaugh to discuss this. Motion by Mr. Eafanti to change the title of Agenda Item 6 to ' appointments to Boards and Commissions "; seconded by Mrs. Worth; carried 8 -0. Motion by Mrs. Dalbec to have an Agenda Item 8. A. Resolution recognizing Mr. Jim Malone; seconded by Mrs. Shaver; carried 8 -0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING _._ Item 1. Council Bill 47 - An Ordinance providing for the approval of rezoning from Agricultural -One to Residential -One A on land located at 4313 Jellison Street, City of Wheat Ridge, County of Jefferson, State of Colorado. (Case No. WZ -97 -9) (Josephine Johnston) Council Bill 47 and Case No. MS -97 -3 were introduced on second reading by Mr. DiTullio; title and summaries read by the Clerk; Ordinance No. 1101 assigned. Applicant, Josephine Johnston, asked for approval of her applications. Sean McCartney was sworn in by the Mayor and presented the staff report. Motion by Mr. DiTullio that Case No. WZ -97 -9, an application for approval of a rezoning from Agricultural -One to Residential -One A, located at 4313 Jellison Street, be approved for the following reasons: 1. The proposal is compatible with the Wheat Ridge Comprehensive Plan and is compatible with the existing character of the neighborhood. 2. The rezoning criteria support this request. 3. There has been no overriding protest registered by surrounding property owners. 4. Staff recommends approval; seconded by Mr. Siler; carried 8 -0. Motion by Mr. DiTullio that Case No. MS -97 -3, a request for a 2 -lot minor subdivision filed under the name of Josephine Johnston Minor Subdivision, located at 4313 Jellison Street, be approved for the following reasons: 1. The plat is consistent with the minimum requirements established in the Residential -One A zone districts. 2. All requirements of the Subdivision Regulations have been met. 3. Lot 2 may not be subdivided in the future. 4. Staff recommends approval; seconded by Mrs. Dalbec. CITY COUNCIL MINUTES: November 24,1997 Page -3- Motion by Mrs. Worth for an amendment that the right -of -way be as Planning Commission recommended, 17' right -of -way to be consistent with the rest of the road; seconded by Mrs. Dalbec; carried 8 -0. Motion by Mrs. Shaver that Lot 1 may not be subdivided in the future; seconded by Mrs. Worth; carried 8 -0. Original Motion as amended carried 8 -0. ORDINANCES ON FIRST READING Item 2. Council Bill 49 - An Ordinance amending Chapter 26 of the Code of Laws of the City of Wheat Ridge and providing a process for designating and protecting Historic Landmarks and Trees within the City. Council Bill 49 was introduced on first reading by Mrs. Worth; title read by the Clerk. Mr. Middaugh suggested that references to "trees" be excluded from this Ordinance and perhaps a separate Ordinance for trees be drafted. Motion by Mrs. Worth that Council Bill 49 be approved on first reading, ordered published, public hearing be set for Monday, December 8, 1997 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; I further move that the reference to "trees" be eliminated from the Ordinance when it is published; seconded by Mr. DTullio; carried 8 -0. Motion Mrs. Worth to request the Arborist Board to address the historic tree ordinance and the tree preservation ordinance and to bring it to Council by March; seconded by Mrs. Dalbec; carried 8 -0. Item 3. _ _ Council Bill 50 - An Ordinance amending Section 5 -124 of the Code of Laws of the City of Wheat Ridge to provide additional grounds for suspension or revocation of contractor licenses. Council Bill 50 was introduced by Mr. Slier; title and summary read by the Clerk. Motion by Mr. Siler that Council Bill 50 be approved on first reading, ordered published, public hearing be set for Monday, December 22, 1997 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication; seconded by Mrs. Dalbec; carried 8 -0. INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 47 ORDINANCE NO. I Series of 1997 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL -ONE TO RESIDENTIAL -ONE A ON LAND LOCATED AT 4313 JELLISON STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO,THAT: S ection Upon application by Josephine Johnston for approval of a rezoning, in Wheat Ridge, Colorado, Case No WZ -97 -9 and based on recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the A -I and to include in the R- I A zone district the following described land: BEGINNING AT THE WEST '/a CORNER OF SECTION 22, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M. FROM WHICH THE SW CORNER OF SAID SECTION BEARS S00° 09'23 "E A DISTANCE OF 2630.26 FEET AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE N89° 26'53 "E ALONG THE NORTH LINE OF THE SW QUARTER, A DISTANCE OF 346.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE N00° 06'46 "W ALONG THE EAST LINE OF THE JANET D. MINOR SUBDIVISION, A DISTANCE OF 84.32 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 93094871 RECORDED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO; THENCE N79° 04'26 "E ALONG SAID LINE, A DISTANCE OF 271.63 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF JELLISON STREET; THENCE S00 ° 12'37 "W ALONG SAID RIGHT OF WAY, A DISTANCE OF 195.08 FEET; THENCE S89 °38'26 "W, A DISTANCE OF 265.71 FEET; THENCE N00° 06'46 "W ALONG THE WEST LINE OF THE JANET D MINOR SUBDIVISION, A DISTANCE OF 60.94 FEET TO THE POINT OF BEGINNING CONTAINING 45,293 SQUARE FEET OR 1.0398 ACRES MORE OR LESS. Sec tion . Vested Property Rights, Approval of this rezoning does not create a vested property right. Vested property rights may only arise and accrue pursuant. to the provisions of Section 26(c) of Appendix A of the Code of Laws of the City of Wheat Ridge. Sec ti on Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. PG: 0001 -002 RECEPTION N0. F0 9/23/1998 8 ;57:55 aa�. RECORDED IN IN JEFFERSON JEFFERSON N COUNTY. COLORADO Ordinance No. 1101 Page 2 �— cti nil Severability. If any clause. sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be judged by a court of competent junsdiction invalid, such judgement shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. S ection . This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 130 6ay of October , 1997, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 24, 1997, at 7 o'clock p m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to O , this 24thday of November , 1997 SIGNED by the Mayor on this 24th day of November 1997 r n Gretchen Cerveny, Mayor____ ATTEST. Wanda Sang, City Clerk _� Z APP AST RM B C[T EY GE D DAHL, CITY ATTORNEY I st Publication: October 17, 1997 2nd Publication. December 5, 1997 Wheat Ridge Sentinel Effective Date. December 20, 1997