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HomeMy WebLinkAboutWF-95-2 7heCityot ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500__. West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicantj~p~-7`I LF:2[~UX Address FC+y~~I t/. y`f~ 3/a Phone y;~`/'`YS// Ovmer {~/~'~ L~20u~C Address /py3'{ ~cJ. yy~ 3A Phone yay-`1S// 57 Location of request ~8'7P L`~ L//" ~7~ ~ - Type of action requested (check one or more of-the actions listed below. which pertain ao your request.) Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood .plain special exception Conditional use permit Interpretation of code _ Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat e Final Solid waste landfill/ ~] ** See attached procedural guide mineral extraction permit ^ Other for specific requirements. Detailed Description of request - - _ List all persons and companies who hold an interest in the described real property, as owner, mortgagee,_lessee, optionee, etc. NAME ADDRESS PHONE v 2~11~2t~ftD SF~Jtn1C,S (jy17.31~ -30'',3 ~ 1 - ihl~ Sur7L36'7 17f~-'UE2 3r3~a ~'~8~8 ,- the information and exhibits herewith submitted are-true and that I certify - -. knowledge and that in filing this application, I best of my correct to the . _ - persons listed above, am acting with the knowledge and consent of those without-whose consent the requested actior, cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action.-on his behalf. ~. Signature of Applicant ___ _ _. _. Subscribed and sworn /~o this ~ q ~ day of ,_?9 _ l-~ __ ~ ~A/J ' i / ~~ ..._ tary Pub is SEAL __ '~ ~q~a i res My commission exp n., nr., Date ReCelgeCl rceceiy~ ivy. ~~--~ ---- = RECEPTION NO. 94193361 7.20 Fits RECORDED IN COUNTY OF JEFFERSON STATE DF COLORADO 12/16/94 11:00 aeon - _. THIS DSSD ,Made this day of DeaYtbar 13, 1994 , between ~ NINNIE B. VAN of the County of J8Y1~19aT and State of Col~o~, ofthe ffirst part, end ~'/~ 10434 10313P 44TH 7-VSN08 #3A whose IegeL address is ~ 80033 - -_-- -°-- - --- -- - ---`- _ ~ - of the-- County of ,7SP-~18CbT and State of Colorado, of the accord rt. WITNESSETH, Thet the said party of the first pert, for and in consideration of the sun of (~**~22t000.00 ) TWENTY TW THOUSAND DOLLARS ANO 00/100TNS to the said potty of the first pert in hand paid by the said party of the secad pert, the receipt whereof is hereby acknowledged and confessed, has 6ergained, grated, sold and conveyed, and by these presents does grant, bargain, sell, eomey erxl confirm, unto the said perry of the second pert, his heirs and asaigrre forever, ell the following described lot or parcel of land, situate, lying and being in the County of .TSF'PS[tBCIT and State of Colorado, to wit: 7AT 24, SAeT O'bTB~T Vui~]C ~IVISLAi~ f](%STPSC ~' JSFFHRBCfeTt STATE OR+ ODI~DO. State Dacume~ztan~ Fee Date 22v , also known es street number 9870 178BP 41ffP ]WBe1t7S'i rte, ~A~GIDO 80033 TOGETHER with all and singular end hereditanenta and appurtenances thereto belonging, or in anywise appertaining, and the rcversian and reversions, remeirxkr and raneirdere, rents, issues and profits thereof; arx! all the eatste, right, title interest, claim and demand whatsoever of the said perry of the first pert, either in law or equity, of, in and to the above bargained premises, with the hereditements and appurterences. TO HAVE AND TO HOLD the said premises drove beroaired and described, with the eppurtenences, into the said party of the second pert, his heirs and assigns forever. And the said party of the first pert, for himself, his heirs, executors, and ednfniatrators, does covenant, grant, beroain, and agree to. std with the said-party.. of the-accord pert, his heirs end aesigrre, the[ at the time of the ereeelirg end delivery of these presents, he is well seized of the premises above conveyed, ea of good, sure, perfect, absolute end indefeasible estate of inheritance, in Law, in fee aisple, end hea goad right, full power and lawful authority to grant, bargain, sell and convey the sale in roamer and form as aforesaid, end that the same ere free eM clear from all former and other grants, bargains, sales, Liens, taxes, asaeaeaents end encumbraneea of whatever lord or nature scever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 7994 AND Sl6SEGUENT YEARS, AND SUSdECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, iF ANY; and the shoved bargained premises in the quiet and peaceable possession of said party of the second pert, his heirs and aesigna agair~t all and every parson or persons lawfully claiming or to claim the whole or arc/ part thereof, the said party of the first pert shall end will WARRANT AND FOREVER DEFEND. The singular nuober shell include the gluts L, the plural the singular, and the use of any gender shell be applicable to all genders. IN W[TNESS WHEREOF, the said party of the first part has hereunto set his 'hlard and seal the day and year first above written. ~ ~`;~, C'LZG~~./~ir/ ~ (SEAL) ~_I_ BY DAVID R. VAN HOOSER, AS HER ATTORNEY IN FACT s-i Canty of ~ (SEAL) ,7~8~I > ss. The foregoing instrument was acknowledged before me on this day of D90f)mb@r 13, 1994 . by DAVID R. VAN HOOSER, AS ATTORNEY IN FACT FOR MINNIE B. VAN HOOSER. My commission expires / ~~ / / Witress my hard and official seal. ~/ ~ l> (k/ // SONYA K.1~RICKcL ~2~~L ^--' N07ARYPUBLIC ~ Notary Public STATE OF COLORADO ~ ~_. Form lA WARRANTY DEED -For Photographic Record ~; -;:,„-5;I11111.0425930 H0426930 SreiCD 7I7LE 3~ ~~ 0 0 0 z N W ~~~ ~ D y ~ A z~o mm_ D~W~ ~1~ ~o~z Timm n n z ~~~ o~~ o j o~ T C W s~m ~ ~~ ~gu ~ w~~ ~ ~ ~~$ ~ o ~ z `4' (p.~ y Z fJ ~ ~ I~ ~ ~ ` G ~ ~c n .. N y ^ ~ ~ ~ ~ ~ ~ X V U1 X O N 0 x w m W W ~o~ ~Oo nZ m ~ ~ O X ~~f~7 CU1 N ~*In0 f/!~ m~~ X X ~~~ W X N V W I~ 125.00' ~ ~' ~ ~ w r r X w ~ T 0 sus N `~ X w ~. ~ a w 0 ~ ~s~s -P W ~ ~ N I ~; ° t~.. X _- '-- - . _. ..X X w N ~ODO u$7Qzr~* ~~m.. cmi f o~ N Z ~~N Imp ~a ~c ~~ v9~ m o° 00 m= om z D r n m IIY N O 0 0 ~~~~ ~<~O D OrZX fD*1 z ~ II °o ,11 W ~~~ m ~, x~ 0µO oiv v ams y~Z .Z1 f~* o~ mm DO 0 1 N o_ N ~„ b' rn~ ~ N Z.'~V ~ ~ ~~ O mm ~ ~° a. n m~ ~c 1 zN• .~., µ 6.00' ~ N a ~ -- -• o G X X rn w VWi 0 125.00' ~ ~ ~ I X X C N ~ W s cs'/i X w rn ~ ~ O 0 O J o ~ '° ~ ~ J z g %(Y ]{~ G g (3 G A ~ ~ ~ Z ~ Z ~ Z Q s z X { [ IryI J 4 N ~ ~ ~ (5~r~1 S~ VVV W ~ I I /~ ~~~- ~ ~A~ N 0 •P O z (~ oZ ~~ ~~ 'DO 0 in ~ o .~ ~y I O ~ ~rn ~z C m ~ ~I O A N y n ~o~ ~°m X m ~~m ~~~ ~ ~~ ~ o C-- D~m D ~z~ z 0 r ~1 m x N ) 1! KIPLING ST. i ~ ~ ~ woerao~r+c~ cr 5 I~ 7500 WEST 29TH AVENUE The City Of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~1Vheat City Admin. Fax $ 234-5924 Police Dept. Fax # 235-2949 Ridge February 9, 1995 Kevin Stewart, P.E., Project Engineer Flood Plain Management Program IIrban Drainage and Flood Control District 2480 W. 26th Avenue Suite 156B Denver, CO 80211 Dear Kevin: The City has received a request for Special Exception to build a single family residence within the Clear Creek 100-year flood plain at 9870 W. 41st Avenue. Attached. is a copy of the flood plain analysis done by Jelin & Associates for the project. Your review and comments would be appreciated. This case is scheduled for public hearing on March 23, 1995. If you have any questions, do not hesitate to contact me at 235- 2848. Sincerely, ~C~/lz ~~~~~ Meredith Reckert Planaing.Division cc: Case file ~~ FLOOp P c0 ~ 2a z p Q ~ 60 ~ O ~J 5 26gbl1 • y0\,DY CITY fOF WHLAT Rfl?~~. ~'EP221995 t i.=J L -1 ~I.ANNIN6 & DEYF.LOPA1~ L. SCOtt Tucker, Executive Director February 14, 1995 Meredith Reckert Planning Division Board of Directors City of Wheat Ridge Executive committee: 7500 West 29th Avenue - Post Office Box 638 CathyChainnan m Wheat Ridge, CO 80034-0638 City of Denver a Linda Morton o Chairman Pro-Tem o Dear McIedlth; - - Ciry of Lakewood ° _ Harold Kite > Secretary w Thisletter is in response to your request for our comments concerning the request Adams County ° for a Special Exception to build a single family residence within the Cleaz Creek 100- John Stone Jeffersonr County w y~ floodplain at 9870 West 41st Avenue. We appreciate the opportunity to review this Donald Hamsira ~ Proposal. Member ~ City of Brighton 3 ...,, -The engineer has accurately determined the published 100-year water surface Members: ~ elevation at the subject property. The proposed lowest floor elevation is 2.l,feet above. Bruce Alexander m the 100-year water surface elevation, which exceeds the requirements~contained in the City of Denver ~ Wheat Ridge floodplain regulation. There are other requirements within the City's Nadine Caldwell Ciry of Aurora y floodplain regulation such as anchoring requirements, sanitary sewer protection, etc. Robert A. cnristensen which should be addressed. Douglas County S Davitl A. Day ~ Engineer ~ ~ summary, the engineering analysis is acceptable as faz as it goes, but there aze c~toy or De~~ ~ ~ other requirements of the Wheat Ridge floodplain regulation which should be addressed, Sandy Hume LL and can be addressed fairly easily, I believe. If you have any questions concerning these Boulder County John J. Nichol) ~ comments, please contact me. Arapahoe County ~ Deborah Ortega ~ Sincerely, City of Denver 8 Art Patton z .. ~/l~/~i .. .. Engineer °x - - ,°%//~/I. w Mary Poe m - - - ~ - ~ . -- - Town of Morrison ~ _ - -- DennisReynolds __ - '- - B111IJCGIOOt, P. City of Littleton - - - , Micnael J. Romero - - ~ ; - , -_- - ~ , Chief,_Floodplain Management Program City of Lafayette .,' - .. ~ ~ ~ .. ~ ~. ..'•~ - ;. . ,. ,..._ Jehn ~ Associates, Inc. Professional Engineers and Surveyors March 1, 1995 Attn: Bob Goebel, P.E. Director of Public Works City Engineer 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Mr. Goebel: Here is an amended plan for Kathy Leroux's application for a Class II Special Exception Permit for the Clear Creek 100 year Floodplain. Included with this application is a survey with a site plan showing the finished first floor elevation of the house. The information and methods used to obtain the 100 year flood elevation for the site are presented in the following report. Please feel free to contact us about any questions you may have about this report. Sincerely, Andrew .f. Mamer ~~ ®~ WHEAT RIDGE' "`~" ~' ? 1995 Pt,~1NNIN & DE~ U LDPrtipENl' 5695 Yukon Street • Suite G • Arvada, Colorado 80002 • (303) 423-6036 • Fax (303) 467-9438 DESCRIPTION OF SITE The site is located at 9870 W. 41st Avenue, lot 24 of East Green Valley Subdivision. The property is approximately 0.215 acres and is bounded on the north by W. 41st Avenue. The site slopes slightly to the east and has a mean elevation of 5356.7, based on the Urban Drainage and Flood Control District's #5 Clear Creek B.M. The property is shown to be located in the 100 year flood plain of Clear Creek by both the FEMA Flood Insurance Rate Map Panel No. 085079 0005 C, and the Clear Creek Flood Hazard Area Delineation Map prepared by Gingery Associates, Inc. 1979. FLOOD PLAIN ANALYSIS The purpose of this report is to determine the 100 year flood elevation of Clear Creek at the site. By using the Clear Creek FHAD Map, it was determined that the centerline of the lot lies at approximately station 450 + 30 of the FHAD channel alignment. This stationing corresponds with a 100 year water surface elevation of 5356.60 +1-. This is confirmed by the fact that the FHAD map shows the site partially inundated, indicating that the 100 year water surface elevation matches the existing site elevation. The FEMA Flood Insurance Rate Map Panel No. 085079 0005 C, also indicates a 100 year water surface elevation of approximately 5356 feet above sea level. Due to the nature of the proposed development, the proposed development will not adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to Clear Creek, drainage ditches, or any other drainage facilities or systems on or near the site. The Clear Creek FHAD Map indicates that the area that the site is located in is an overtlow area and is not used in conveyance of the 100 year flood event. Consequently, the proposed development will not change the 100 year flood elevation for a significant reach both up and downstream. CONCLUSIONS AND RECOMMENDATIONS The site plan indicates a proposed grading plan and sets the finished first floor of the house to be 5359.2 feet above sea level. This assumes that the driveway will slope at 5.0% up from the sidewalk to an elevation of 5358.10 at the entrance to the house. The first finished floor will be another 1.1 ft above the garage floor, making the first floor of the house 2.1 feet above the 100 year water surface elevation. This should provide a sufficient amount of freeboard to ensure that damage to the structure is minimized and human life is not endangered. _~,.n r,~,M ~~ •~a 1 ~~ ~~:: 1,,~ All new construction shall conform to Wheat Ridge Code of Laws, Sec. 26-206. All new construction should be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. Construction materials and utility equipment used at the site should be resistant to flood damage. Construction methods and practices that minimize flood damage should be used. All utilities as well as electrical, heating, ventilation, and plumbing should be designed so that water is prevented from entering or accumulating within the structure during the conditions of flooding. All new and replacement water supply, sanitary sewage, or on- site disposal systems should be designed and located so as to minimize or eliminate infiltration of floodwaters into them and discharge from the systems into floodwaters. The site should be landscaped and protected against erosion with sufficient vegetative cover or other accepted means of erosion protection. If a fence is to be constructed, it shall conform to the standards put forth in the Wheat Ridge Code of Laws, Sec. 26-206 (F)(16) Prepared by: Andrew J Marner Reviewed by: David E. Moore MEMORANDUM Approved Date TO: Meredith Reckert, Planner II FROM: Bob Goebel, Director of Public Works RE: Class II Special Exception Permit for t e Clear Creek 100 yr. floodplain/ 9870 W. 41st. Ave. DATE: March 2, 1995 The attached amended submittal by Jehn, and Associates dated March 1, 1995 requesting a Class II Special Exception Permit from the Board of Adjustment meets the requirements of the Wheat Ridge Code of Laws, Sec. 26-206. The report should be made a part of the permit by the Board and the report and attached map should be exhibits to the permit. As required by Sec.26-206, the engineer (Jehn and Assoc.) shall certify finished floor elevation during the construction of the foundation and site grading upon completion of the project. Per the report, the finished floor elevation shall be 5359.2 feet ASL. The lowest allowable finished floor elevation required by Sec. 26- 206 is one foot above the base flood elevation, or 5357.6 feet ASL. The report indicates the this construction will not- adversely impact the floodplain or surrounding properties. Therefore I recommend approval of the permit. cc: Andrew Marner, Jehn and Associates Greg Knudsen, Development Review Engineer ~! C/ ~` OF rf~~Rfj/f^i~~l~~~ / (~ ~~~ r ;rn.;~ r ~u~~`~ •ct°p~tr;~' ~ehn & Associates, Inc. Professional Engineers and Surveyors March 1, 1995 Attn: Bob Goebel, P.E. Director of Public Works City Engineer 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Mr. Goebel: Here is an amended plan for Kathy Leroux's application for a Class II Special Exception Permit for the Clear Creek 100 year Floodplain. Included with this application is a survey with a site plan showing the finished first floor elevation of the house. The information and methods used to obtain the 100 year flood elevation for the site are presented in the following report. Please feel free to contact us about any questions you may have about this report. Sincerely, ~i fj~JL*-~r-~ Andrew J.'~Mamer CITY OF wHEA7 D p~i~lln ~~ cr: (ten C? f~ 7 ?O~S ~~L'~U ~. P1ANNING & DEVfiDP~~ NT 5695 Yukon Street • Suite C • Arvada, Colorado 80002 • (303] 423-6036 • Fax (303] 467-9438 DESCRIPTION OF SITE The site is located at 9870 W. 41st Avenue, lot 24 of East Green Valley Subdivision. The property is approximately 0.215 acres and is bounded on the north by W. 41st Avenue. The site slopes slightly to the east and has a mean elevation of 5356.7, based on the Urban Drainage and Flood Control Districts #5 Clear Creek B.M. The property is shown to be located in the 100 year flood plain of Clear Creek by both the FEMA Flood Insurance Rate Map Panel No. 085079 0005 C, and the Clear Creek Flood Hazard Area Delineation Map prepared by Gingery Associates, Inc. 1979. FLOOD PLAIN ANALYSIS The purpose of this report is to determine the 100 year flood elevation of Clear Creek at the site. By using the Clear Creek FHAD Map, it was determined that the centerline of the lot lies at approximately station 450 + 30 of the FHAD channel alignment. This stationing corresponds with a 100 year water surface elevation of 5356.60 +/-. This is confirmed by the fact that the FHAD map shows the site partially inundated, indicating that the 100 year water surface elevation matches the existing site elevation. The FEMA Flood Insurance Rate Map Panel No. 085079 0005 C, also indicates a 100 year water surface elevation of approximately 5356 feet above sea level. Due to the nature of the proposed development, the proposed development will not adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to Clear Creek, drainage ditches, or any other drainage facilities or systems on or near the site. The Clear Creek FHAD Map indicates that the area that the site is located in is an overflow area and is not used in conveyance of the 100 year flood event. Consequently, the proposed development will not change the 100 year flood elevation for a significant reach both up and downstream. CONCLUSIONS AND RECOMMENDATIONS The site plan indicates a proposed grading plan and sets the finished first floor of the house to be 5359.2 feet above sea level. This assumes that the driveway will slope at 5.0% up from the sidewalk to an elevation of 5358.10 at the entrance to the house. The first finished floor will be another 1.1 ft above the garage floor, making the first floor of the house 2.1 feet above the 100 year water surface elevation. This should provide a sufficient amount of freeboard to ensure that damage to the structure is minimized and human life is not endangered. .~ , .-. a ~~ °$ 1 Y 2 ~ • D e `' ~~ s e 4, e~FS ~......••'v<~~s ~:`O~jAI m~aa All new construction shall conform to Wheat Ridge Code of Laws, Sec. 26-206. Afl new construction should be anchored to prevent flotation, collapse or lateral movement of the structure and to withstand hydrodynamic loads. Construction materials and utility equipment used at the site should be resistant to flood damage. Construction methods and practices that minimize flood damage should be used. All utilities as well as electrical, heating, ventilation, and plumbing should be designed so that water is prevented from entering or accumulating within the structure during the conditions of flooding. All new and replacement water supply, sanitary sewage, or on- infiltration of floodwaters~nto themea'nd discharge from the systems n'to floodwa'terse The site should be landscaped and protected against erosion with sufficient vegetative cover or other accepted means of erosion protection. If a fence is to be constructed, it shall conform to the standards put forth in the Wheat Ridge Code of Laws, Sec. 26-206 (F)(16) Prepared by: Andrew J Mamer Reviewed by: David E. Moore NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the_ Wheat Ridge Board of Adjustment on March 23, 1995, at 7:00 p.m., at 7500 West 29th Avenue; Wheat Ridge, Colorado. All interested citizens are invited to speak at the public hearing or submit written comments. -The following petitions shall be heard: 1. Ca e No WF-95-2. An application by Kathy LeRoux for approval of a Class II Special Exception permit to the Flood Plain Ordinance to allow the construction of a single-family residence in the Clear Creek 100-year flood plain. Said property is located at 9870 W. 41st Avenue. 2. Case No. TUP-95-1: An application by Carol Ambrosio for approval of a Temporary Use Permit to allow the parking of a semi trailer used for storage on Commercial-One zoned - property located at 6490 W. 44th Avenue. 3. Case No TUP- 5-2: An application by Van Werner for approval of a Temporary Use Permit to allow the parking and storage of truck tractors and semi trailers used for storage on Commercial-One zoned property located at 4509 Harlan Street. 4. Case No. WA-95-4: An application by Gina Biernat for a variance to exceed the number of household pets allowed on Residential-One zoned property located at 9099 W. 38th Avenue. 5. Case No. TUP-95-3: An application by Gina Biernat for approval of a Temporary Use Permit to exceed the number of- -.- household pets allowed on Residential-One zoned property located at 9099 W. 38th Avenue. Mary L u Chapla, Secretary ATTEST: Wanda Sang, City Clerk To be published: March 9, 1995 Jefferson Sentinel --- - j y _.._'::EST Z9Tt; = . ENUE _ __ The City o; a^.n~•-^--' - - '13031 ?31-c>~_'~ - ~[~' pO }} lb"nc'~T n~DG E. I;~ ... -- ~c_o _ ~ - _ vv ~li Cll c Police Dept. Fax ~ 235-cr7 ~ldge C;t. ~cm~^. Fax ~ E=--~~2= POSTING CERTIFICATION CASE NO. UJ F'-`I5-~ PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADNSTMENT (Circle One) HEARING DATE: a3 M~11"'GH I9~J I, l~A ~~2 JX ' (n a m e) residing at a d d r e s s as the applicant for Case No. LJ ~ - ~/5 -~ hereby certify that I have posted the Notice of Public Hearing at 9~ 7~ ~ `l f ~`~ Avg ( l o c a t i o n) on this ~ ~ day of M Prr'ZCf-i 19 ~ ~ , and do hereby certify that said sign has been posted and remained in place for fifteen.-(15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: C NOTE: This form must be submitted at the publ hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. is ~a",. . ,~ jam. ° O. BOX 638 - - - _ TELEPHONE: 303/237-6944 _ 7770 City Of 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80034 _ ~ileat Ridge March 9, 1995 This is to inform you that Case No. WF-952 which is a request for _apProval of a Class II Special Exception to allow construction in the 100-year floodplain for. property located at 9870. TrT, 41st Avenue. will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at .7:00 pat}.. on March 23 1495 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area. resident or interested party,- you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank ,you. PLANNING DIVISION ``The Carnation City" ' ~` ~ ,. I , L_ - - - ~ t 1( ~ I! U1 I -__ _._ _ 'TT 77 p 917 446 677 __-,~ ~`T~~_ ~ ~. ~, 11 ~ N 1 ' ~ 3 ~ o; W ~ ~~ 1 ~ ~ ~ pm ~ ~ < m 9 m -+ z P 917 446 678 m m ~_} ~^~ ~.^ ~ Y^ ;.r -T ~ m v p 917 446 679 r~ W Yl p 917 446 68~ O ra 0 0 op r+ tea R. g~ ~ M 41 ~ }'_' Y ` ~ ~s m ~ ~ I~ 4 'fl O {t m 1 ~ m v D ' IMPORTANT! .MEORI ~ ~ ~ ~ ~ ~ `~ U j . ~ ~ " O ~~ j ~ r ~ w N_ N m m m i ( ~ ~ a < ~ L D ~ j' j D [~ m -~ z b O7 O m O N 9 9 m nm+ ~ m ~ z m ~ ~~ o m a c m Z N a -1 m s m 1 ~ 1 ~ Ul a~ O 3 W / ~ /Yn~) '7~ 3 i - J I Y F1 { -- ;_ _ S Z _D~..~y'5;85'~ N mmy= 9 €mm Dn ~3EU' ~~_ ip ~~O 3HH V N m3 ~u~ N 9N,p3 70Q O p9N ry~n0 N f* }". ~ £~~ mWN pS0' yC~ir aa° _ °' ~~,~~ am ~~y'~~~~'z m ~m _a rv3 ~ ~.. m' ~n° wwH ~ ~ y m~3 ~w~ a m, g O~ ° W~~ Bd g~§§ ~Ry f~= RR~N LA. 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N ~. ~ O N m O m D' o 2 R o ~ am ~__ ~ ~ N A •aJ 4 -- __.. -- !i ~ ~ ~ ------- ------ ._-__ ~ _- -- -- - ~4l_. __ - ----- -- i~~ _ ------------- - -------~- ---- ~~ --- _._ -- ----.l . ~_. _-_-__. _ ___ _. ----~~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT DATE OF MEETING: March 23, 1995 DATE PREPARED: March 15, 1995 CASE NO. & NAME: WF-95-2/LEROUX CASE MANAGER:~eredith Reckert ACTION REQUESTED: Special Exception to the Flood Plain Ordinance LOCATION OF REQUEST: 9870 W. 41st Avenue NAME & ADDRESS OF APPLICANT: 10434 Wer44th Avenue #3A Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: 9375 square feet PRESENT ZONING: Residential-Two PRESENT LAND USE: Vacant SURROUNDING ZONING: N, E, & W: Residential-Two, S: Residential- One and Residential-Two SURROUNDING LAND USE: N, E & W: Single-family; 5' playing fields DATE PUBLISHED: March 9, 1995 DATE POSTED: March 9, 1995 DATE LEGAL NOTICES SENT: March 9, 1995 AGENCY CHECKLIST: ( ) ATTACHED .(XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) ATTACHED ( ) NONE ENTER INTO RECORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance ( ) Slides ( ) Subdivision Regulations (XX) Exhibits ( ) Other ,JQRISDICTION: 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. e BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WF-95-2/Page 2 2. REQUEST The applicant is requesting approval of a Class II Special Exception to allow the construction of a single-family residence in the 100-year flood plain. In accordance with the FEMA Flood Insurance Rate Map, the property is located within the Clear Creek 100-year flood plain. Referrals of the flood plain analysis were sent to Bob Goebel, Director of Public Works and Bill DeGroot of the Urban Drainage and Flood Control District. It is the opinion of Mr. Goebel and Mr. DeGroot that the statements made by David E. Moore of Jehn and Associates are in accordance with the City's Flood Plain Ordinance. They have also concluded that construction of the home will not negatively impact the capacity of the flood plain. For these reasons a recommendation of approval is given to allow construction in the 100-year flood plain with the condition that the finished first floor elevations be no lower than 5857.6' and that certification of these elevations be done by a registered engineer at the time foundation forms are put in place prior to the placement of concrete. 72. CONCLIISIONS & RECOMMENDATION Staff concludes that construction of a single family residence. at 9870 W. 41st Avenue will have no negative effect on the Clear Creek 100-year flood plain. Therefore, a recommendation of APPROVAL is given for Case No. WF-95-2 with the following conditions: 1. The finished first floor elevations be no lower than 5357.6' above sea level and that a certification of elevation be done by a registered engineer at the time foundation forms are set prior to placement of concrete. 2. All other floodproofing provisions specified in Section 26-206(F) of the Wheat Ridge Code of Laws be followed. ~'' - - ~~ ELEVATION CERTIFICATE. ' ~,~ =^~- ~~-`=- - - ~ O.M.B. NO3067-0077 FEDERAL EMERGENCY MANAGEMENT AGENCY lixpires May3r, x993 A'STEt1T10N: Use of this certificate does not profvOide a wa vOODne S od ASUraft a pOUrCOhaSB fegUirement. This form is used only to provide elevation information necessary to ensure compliance with applicable community floodplain management ordinances, to determine the proper insurance premium rate, and/or to support a request for a Latter of Map Amendment or Revisiod (COMA ar LOMR). Instructions for completing this form can be found on the following pages. SECTION A PROPERTY INFORMATION BUILDING~OwW.-NER'S NAME FOR INSURANCE COMPANY USE <-f'II ~'I ,L~ rQ~ POUCY NUMBER STREET ADDRESS (Induding Apt., Unit, Suite and/or Bldg. Number) OR P.O. ROUTE AND BOX NUMBER a. ~~ ' - 9874 W, 4 ST VE COMPANY NAIC NUMBER OTHER DESCRIPTION (Lot and 81ock Numbers, etc.) - LOT Zg OF E 5 fFN ~LLf v h`£,47",~IT>C~~ srATE ZIP CODE Co~o~ADa - SECTION B FLOOD INSURANCE RATE MAP (FIRM) INFORMATION Provide the lullowlnp from Iho proper I'II7M (;iuu Inatruclluns): ~ - ~~ 1. COMMUNITY NUMBER p, pANE1 NUMBER - ~ - ~ - ~ - 3. SUFFIX 4. GATE OF FIRM INDEX 5. FIRM ZONE e. BASE FLOOD ELEVATION OS 5 6 7 9 O 00,E G ~ ~ lJ (In AO zonaa, we depth) ,? - ~f - 88 ;3-35(0; ~o 7. Indicate the elevation datum system used on the FIRM for Base Flood Elevations (BFE): ~ NGVD '29 ~ Other (describe on back) ' 8. For Zones A or V, where no BFE is provided on the FIRM, and the community has established a BFE'for this building site, Indicate the community's BFE: L.I~131516J, U feet NGVD (or other FIRM datum-see Section B, Item 7), SECTION C BUILDING ELEVATION INFORMATION 1. Using the Elevation Certificate Instructions, indicate the diagram number from the diagrams found on Pages 5 and 6 that best describes the subject building's reference level .r! 2(a). FIRM Zones Ai-A30, AE, AH, and A (with BFE). The top of the reference level floor from the selected diagram is at an elevation of SL 113151Jj-(~ feet NGVD (or other FIRM datum-see Section B, Item 7). (b). FIRM Zones V1-V30, VE, and V (with BFE). The bottom of the lowest horizontal structural member of the reference level from' the selected diagram, is at an elevation of I I I I I I•U feet NGVD (or other FIRM datum-see Section B, Item 7). (c). FIRM Zone A (without BFE). The floor used as the reference level from the selected diagram is w.U feet above ~ or below (~ (check ono) the highest grado adjacent to the building. (d). FIRM Zone AO. The floor used as the reference level from lhB selecled. diagram is W , U lest above (] or below - one) the highest grade adjacenito the buifdlri IPno flood depth number is available, is the building's lowest floor (refe0 (cce eck level) elevated in accordance with the comm n•ity's floodplain management ordinance? 3. Indicate the elevation dattim system used in determining the above reference level elevations: ~ N^GVD a0 O er (describe under Comments on Page 2). (NOTE,• If the elevation datum used in measuring the elevations is different than that used on the FIRM (see Section B, Item 71. then convert the elevations to the datum system used on the FIRM and show the canverslon equation under Comments on Page 2.J 4. Elevation reference mark used appears on FIRM: (~ Yes ~ No (See Instructions on Page 4) 5. The reference level elevation is based on: ~ actual construction ^ construction drawings (NOTE.• Use of construction drawings is only valid it the building does not yet have the reference level /loot fn place, in which case this certificate will only be valid for the building during the course of construction. Apost-construction Elevation Certificate will be required once construction is complete.) ' ~7' 6. The elevation of the lowest grade immediately adjacent to the building is: I~•~r ~ + ~, U feet NGVD (or other FIRM datum- e Section 8, Item 7). SECTION D COMMUNITY INFORMATION t. If the community official responsible for verifying building elevations specifies that the reference level indicated fn Section C, Item 1 is not the "lowest floor" as defined in the community's floodplain management ordinance, the elevation Of the building's "foWest floor" as defined by the ordinance is: ~ I '- Date of the start of construction or substant~ p ovementNGVD((or~the~ JIRM datum-see Section B, Item 7). 'fMAFOrm 81-37r MAY 90 ~ ~ ~ ~ - ~ -~ ~ ~~~ REPLACES ALL PREVIOUS EDITIONS SEE REVERSE SIDE FOA CONTINUATION SEGTfON E CERTIFICATION This certification is to be signed by a land surveyor, engineer, or architect who is authorized by state or focal law to certify elevation information when the elevation information for Zones Al-A30, AE, AH, A (with BFE),V1-V30,VE, and V (with BFE) is required. Community officials who are authorized by local law qr ordinance to provide floodplain management information, may also sign the certification. In the case of Zones AO and A (without a FEMA or community issued BFE), a building official, a property owner, or an owner's representative may also sign the certification. Reference level diagrams 6, 7 and 8 -Distinguishing Features-If the certifier is unable to certify to breakaway/non•br enclosure size, location of servicing equipment, area use, wall openings, or unfinished area Feature(s), then list included in the certification under Comments below. The diagram number, Section C, Item 7, must still be ent all uy~ I certify that the information in Sections a and C on this certificate represents my best efforts to interpret th aFa' ~/e, O ~~;';'~ ; l understand that any false statement maybe punishable byline or imprisonment under 18 U.S Code, Se 0~~~0 E MO • .q .,1~ ~A~l 1 D ~.. n 1~i. ~5;.. ~O o'~ ~ ~ ~ G p iZ2 Q-O)S 22495 CER7IFIER'S NAME ~ i LICENSF~ NUMBER (or AfGz Seal) -o .• V~G'E- P2E5tDE~N'T" ''"~' .~~'.'~~ TITLE __-__ q_ '----_____ .-_ v .~ ~.C' •'•. ..•~~~'r;: r /p \J'7 VO^ I /~ nGUMI•,A1Ny NAME - ADDRESS 7 V)/~ h• , Y --~- ~ _,!'tT~ ~/'~r ~/'+~ ~{ -. . Qn ~~ (o m~/IZo-2` CITY O QZC SIGNATUAE ~____ 7 8 Gy STATE, /S QA"1 I/'1 '! i _ SIP. - - - DATE 'r'te KJ (pD3 (Q - - ~ - - - .. PHONE -- Copies should be made of this Certificate for: 7) communlty official, 2) Insurance agenUcompany, and 3) bull(ltng owner. COMMENTS: ,_. . .. - .. a. -_ -- ._ __ _ .. - ..a k - _- _ ~ - _. ~• _-. ON ,. Sloe ~ - - _ - wITN - 9ASEMENT ~ ON PILES, - A Y PIEg3, p~OMNS ^ZONES ~ ZONES ° A / \ ....~~,. __v The diagrams above illustrate the points at which the elevations should be~measured in A Zones and V Zones. Elevations for all A•Zones should be measured at the top of the reference level floor. Elevations for all V Zones should be measured at the bottom of the lowest horizontal structural member. Page 2 WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: March 23, 1995 Page 2 2. APPROVE ORDER OF THE AGENDA Motion-was made by Board Member HOWARD, seconded by Board Member ROSSILLON, that the agenda be approved as printed. Motion carried. 3. PIIBLIC FORIIM (This is. the time for anyone to speak on-any subject not appearing on the agenda.) No one came forward to speak. 4. PIIBLIC HEARING A. Case No. WF-95-2: An application by Kathy LeRoux for. approval. of a Class II Special Exception permit to the Flood Plain Ordinance to allow the construction of asingle-family residence in the Clear Creek 100-year flood plain. Said property is located at 9870 W. 41st Avenue. Meredith Reckert presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted.- Board Member HOWARD asked if there has been a flood plan established for Lena Gulch, and Ms. Reckert replied yes, and added this is sort of the area where the two flood plains come together. Board Member HOWARD then asked if this would be more relevant to Lena Gulch than Clear Creek, and Ms. Reckert answered. that was her original conclusion also,.but,upon discussing it with-the engineers, apparently they feel that Clear Creek flood plain is more prevalent. In any situation the applicant has addressed all of our concerns as far as meeting the flood proofing measures. No further questions were asked of staff. The applicant, Kathy LeRoux, 9870 W. 41st Avenue, was sworn in. -NO questions wexe asked of Ms. LeRoux. Andy Marner, 16359 W. 10th Avenue, Golden, CO, was sworn in. Mr. Marner represents the applicant and is the engineer who prepared the report. Board Member ABBOTT asked if he agreed with the City on all of the conclusions and recommendations and Mr. Marner said yes. WHEAT RIDGE BOARD OF ADJIISTMENT MIND'TES OF MEETING: March 23, 1995 Page 3 Board Member WALKER wanted to know since the plan said no basement, will the .furnace be located in the attic or in the crawl space, and. Mr. Marner answered the elevations stated is for the lowest finished floor of the building, so there will not be_any room for a crawlspace. The furnace-will have to be located in the attic.' Ms. Reckert added the flood. plain provisions in Section 26- 206 do not allow any mechanical equipment in the crawlspace. No further questions were .asked. Motion was made by Board Member ABBOTT, that Case No_-WF-95- 2, an application by Kathy LeROUx,.be APPROVED, with. the following conditions: 1. The finished first floor elevations be no lower than 5357.6' above sea level and that a certification of. elevation be done by a registered engineer at the time foundation forms are set prior to placement of concrete. . 2. A11 other floodproofing provisions specified in Section 26-206 (F) of the Wheat Ridge Code of Laws be followed. Motion was seconded by Board Member ROSSILLON. Motion --- carried 6-0. Resolution-attached. B. Case No. TUP-95-1: An application_by Carol Ambrosio for approval of a Temporary Use Permit to allow the parking of a semi trailer used for storage on Commercial-One zoned.-- - property located at 6490 W. 44th Avenue. Susan Ellis presented the staff report. All pertinent documents were entered into record, which .Chairman JUNKER accepted. Board Member ABBOTT stated the applicant can have a trailer in a C-1 zone district, so is this particular trailer causing a sight obstruction,- and Ms. Ellis answered yes. Board Member ROSSILLON asked aside from the sight obstruction, is there a.setback. Ms. Ellis replied .there is no setback, the trailer is right on the front and side property lines and there is only about a couple of inches from the sidewalk and the trailer. Typically we require that trailers be set back behind the front setback of the building, however based on this lot configuration, it would not be possible. PUBLIC HEARING SPEAKERS' LIST CASE N0: WF-95-2 DATE: REQUEST: An application by Kathy LeRoux for approval of Exception permit to the Flood Plain Ordinance to allow th si>3gle-family residence_in the Clear Creek 100-year flood is located at 4870 W. 41st .Avenue. SPEA March 23, 1995 a Class II Special e construction of a plain. Said property Position On Request; (Please Check) _.. .....,... .............. 1 AA ,A~] n 1 I ~ FI~A~fi i"~l¢»~7- ~e~n F-m/ C.~54a:.; ~fe5 ~~~91.7 yr~~n~ ,~rr~ ! ~ I i i i i i i i I I 1 1 I 1 1 1 i i i i I 1 I 1 1 1 I I 1 I 1 I I I 1 1 I 1 I I 1 1 1 1 i i i i ~ 1 I i I I I 1 I I 1 1 1 1 1 1 1 I I 1 1 I 1 I 1 1 i I 1 I 1 I I I I 1 1 1 I I I 1 I I I I I 1 I -h_ .. .__ I i 1 1 I I 1 1 1 I I I 1 1 1 I 1 1 I 1 1 1 1 I I ___ 1 1 I 1 1 I I 1 1 I I 1 I I I I 1 I I I I 1 I 1 I 1 1 1 1 I _ I 1 I 1 1 I 1 I I 1 I I 1 I 1 1 I 1 1 1 1 i I 1 1 1 I I 1 I I 1 1 1 I I I I 1 1 I 1 I CERTIFICATE.OF RESOLUTION I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on-the 23rd day of March ,__1995., CASE NO: WF-95-2 APPLICANT'S NAME: Kathy Leroux LOCATION: 9870 W. 41st Avenue Upori motion by Board Member ABBOTT , seconded ~y Board Member. ROSSILLON the following Resolution was stated.. WHEREAS, the applicant was denied permission by a_n Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No: WF-95-2 is an appeal to this Board from the decision of an Administrative Officer; and `- WHEREAS, the property has been posted the required.l5_days by law and there WERE NO protests registered against;`it; and WHEREAS, the relief applied-for MAY be granted_without.detriment to the public welfare and-without substantially impairing the intent and, purpose of the regulations governing the City. of Wheat Ridge. - - NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WF-95-2 _be and hereby_is APPROVED:. TYPE OF VARIANCE: Special Exception to the Flood Plain Ordinance PIIRPOSE: To construct a single-family residence _ VOTE: YES: Abbott, Hovland, Howard, Junker, Rossillon and Walker = NO: None DISPOSITION: Special Exception to the Flood Plain Ordinance carried by a vote of 66-0. -; - ~~ DATED this. d day of March, 1995. - SUSAN JQNKER, Chairman Mary ou Chapla, S cretary Board of Adjustment Board o Adjustment