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WF-92-1 & WF-92-2
~~ -~z-z a~ ,~~ ~ ~~,~2-i a~~ ~ ~--~.- ~~ ~~ ~~l~Z, 7 ,,, T,,.,.~ ~-~=-~ BELL ENGINEERING COMPANY March 23, 1992 City of Wheat Ridge P. 0. Box 638 7500 West 29th Avenue Wheat Ridge, Colorado 80033 ATTN: BOB GOBAL Flood Plain Administrator RE: CLASS I SPECIAL EXCEPTION REQUEST 4285 GARRISON STREET . Gentlemen: Mr. Herman Arndt, owner of the residence at 4285 Garrison, desires to construct an addition to his home. According to the Flood Hazard Area Delineation Study for Clear Creek, published by Urban Drainage and Flood Control District in November 1979, the residence falls within the 100 year flood plain limits of Clear Creek. Enclosed are. exhibits we have prepared, based on our field survey of the elevation of the finish floor at 4285 Garrison Street. As you can see from these exhibits, the finish floor elevation of the existing residence is 5344.71. Our extrapolation of the 100 .year flood surface is 5345.0. This puts the flood elevation 0.29 feet or approximately 3-1/2 inches above the existing floor elevation. Mr. Arndt respectfully requests, and we would recommend, the granting of a "Class I Special Exception Permit", as set forth in Section 26-206 (c) (z) of Article II of the Wheat Ridge City Code. In addition to the enclosed exhibits, we offer the following supportive information and comments. ' 1. The residence is within approximately 60 feet o£ being outside the flood plain, and approximately 500 feet from the Clear Creek channel. 2. This area of the floodplain is a "shallow ponding" area, nat subject to high velocity of flows during the 100 year storm. '~ 500 KALAMATH STREET __ - ~~~ •: - _ DENVER; COLORAD030204-~..'. aF i -___/ • TELEPHONE 303/629-0765 . - ~:,+ ' s CLASS.I SPECTION EXCEPTION._REQUEST March 23, 1992 Page'Two ;.,.. 3: The proposed addition is not a "substantial improvement" as defined by Sec. 26-202 of tfie code, since its cost' is less than 50~ of. the fair market value of the structure. 4. `The proposed addition is to.be placed on.the North side of the existing structure; away from the flood channel, and will have a negligible effect on the surrounding areas. 5. The proposed addition will comply with any floodproofing requirements pertaining to electrical and plumbing construc- tion ~^-po -ate= - - _ _ _ =. 6. The owner/occupants of the residence are retired. A one foot step, up in the finish floor of the addition would be prohibitive. An occasional'`. requirement for using a walker would make it impossible or::very difficult for them to negotiate this step. Please review the enclosed, and do not hesitate to contact me if you need any further information. Very truly yours, BELL ENGINEERING COMPAIQY i ~~ t Patrick D. Quinney, P.E. President PDQ/kb enclosures cc: Mr. Herman Arndt ~ 4285 Garrison Street Wheat Ridge, Colo. 80033 ;?~- .;<„ ~~. ~., a r n 1 rt Z w :.~ °f° f`~ f~~ ~~',C~-drat ... .. _. ..__._ '~ UO VIOI 4~~OW ~~pr Fbd~ ZOK~ CN4w1 5~4.C~ ~ - ~ ~ ~N i~ ~~ ~ ~ D ~ r.I it ~ f ~ 1 7 j .I __ Q I i 1• ~`~ ~. y i~ ~ ~ , ' i ~ ~ 6 S MEMORANDUM TO: FROM: DATE: 3IIBJECT: I have regarding elevation 5344.71 required paragraph 5346.0 or Approved Meredith Reckert, Planner II Bob Goebel, Director Of Public Works April 6, 1992 Date Class I Special Exception Permit/4285 Garrison Street received engineering analysis from Bell Engineering this permit. They have .verified the flood plain to be 5345.0 feet and the existing finished floor to be The difference of 0.29 feet, plus the 1 foot free board by the Flood Plain Regulations SEC.26-206 paragraph F Sub- 1, place the required finished floor of the addition at 1.29 feet above the existing floor of the structure. As indicated in the rough sketch of the proposed addition, electrical, heating/ventilating, and plumbing are proposed. Paragraph F, sub-paragraph 7 of the SEC 26-206 also require that these facilities be located to prevent water from entering or accumulating in these areas. If the applicant wishes to appeal these requirements, he must proceed through the Board of Adjustment. The City of Wheat Ridge Appl ADMINISTRATIVE PROCESS APPLICATION Department of Planning and Development 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone ( 303) [[JJ237-609/44 __ iG,...O9~ Address "T~-f!('J/nss~ey~x, ~~ P Owner ~CX,~j"rz.r~ Address Phone -73G ~ Location of request J Type of action requested (check one or more o£ 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. of request A 7 ~ ~ 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. ~~ AD,~~,}}~~ESS PHONE 71_ ME_ _ _. >t/ /J~ .. !lfi sfirr~' ~`7ns.St.[lAsc -. ~{,~-~-73b ~ 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 £rom the owner which approved of this action on his behalf. Signature of Applicant 97Qi',~e~~Q-~~- -~ Subscribed and sworn to me this ~j day ,of fir- Notary Publ SEAL \J My ~j~~I / 19 ~ - y om~~~sss!on rx,,~^s 1^n~~~ry ;,U, I~J3 expYr~s !'ri t_ rkr.np~ Received Receipt No. Case No. S CITY OF WHEAT RIDGE FLOOD PLAIN DEVELOPMENT PERMIT APPLICATION INFORMATION PERMIT B92#4724 DATE (letnhar 72. l_q 2 OWNER Herman Arndt TELEPHONE ADDRESS 4285 Garrison Street CONTRACTOR A-Arwanced Service Comoany TELEPHONE 238-2978 ADDRESS 8745 West 14th Avenue, Lakewood CO 80215 PROJECT LOCATION/DIRECTIONS 4285 Garrison Street PROJECT DESCRIPTION ~. Single Family Residential New Construction Channelization Multi-Family Residential Substantial Fill Improvement (>50%) _ Manufactured (Mobile) Home _~ Improvement (<50%) Bridge/Culvert _ Nonresidential Rehabilitation Levee other/Explanations FLOOD HAZARD DATA Watercourse Name Clear Creek The project is proposed in the Floodway Floodway Fringe X Base (100-year) flood elevation(s)) at project site s~za~_nn Elevation required for Lowest FloorS'zaa 7i NGVD / Floodproofing NGVD Source Documents: Reports/Maps Flood Hazard Area Delineation Studv for Clear Creek. 1979 1 of 2 ELEVATION CERTIFICATE O.M.B. NO3067.00T; ~ Exprres May37, 1993 ', FEDERAL EMERGENCY MANAGEMENT AGENCY NATIONAL FLOOD INSURANCE PROGRAM ATTENTION: Use of this certificate does not provide a waiver of the flood insurance purchase requirement. 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 letter of Map Amendment or Revision (COMA or LOMR). Instructions far completing this farm can be found on the following pages. SECTION A PROPERTY INFORMATION FoR wsuaaNCE coMPANr usE BUILDING OWNER'S N ME POLICY NUMBER STREET ADDRESS tlncluding Apt., Unit, Suite and/ r Bldg. Number) OR P.O. ROUTE AND BOX NUMBER COMPANY NAIC NUMBER z ~ - r'22rSal~ OTHER DESCRIPTION (Lot and Black Numbers, etc.) Sv %Z Uh 7'RAeT is l/<IF'l'~i v,q«c~y G~OI-->uS S~r3, cITY _ / _ (iC~f'~~t'~- l ti! ('~u--~ / C ~ ,~~LiCi v 2 STATE ZIP CODE SECTION B FLOOD INSURANCE RATE MAP (FIRM) INFORMATION Provide the following from the proper FIRM (See Instructions): 1. COMMUNITY NUMBER 2. PANEL NUMBER 3. SUFFI% 4. DATE OF FIRM INDEX 5. FIRM 20NE 6. BASE FLOOD ELEVATION C~~ y U -7 q . ` ~ - / r - ~ ~ ' ~ I O (in AO Zones, use dePih) ' c~00 G 1 ~~j~s. vv 1. 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: I I I ,U feet NGVD (or other FIRM datum-see Section B, Item 71 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 l 2(a). FIRM Zones At -A30, AE, AH, and A (with BFE). The top of the reference level floor from the selected diagram is at an elevation of 3 L I .~ feet NGVD (or other FIRM datum-see Section B, Item 7). (b). FIRM Zones Vt-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.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 ~.U feet above ^ or below ^ (check one) the highest grade adjacent to the building. (d). FIRM Zone AO. The floor used as the reference level from the selected diagram is U. U feet above ^ or below ^ (check one) the highest grade adjacent to the building. If no flood depth number is available, is the building's lowest floor (reference level) elevated in accordance with the community's floodplain management ordinance? ^ Yes ^ No ^ Unknown 3. Indicate the elevation datum system used in determining the above reference level elevations:~NGVD'29 ^ Other (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 7j, then convert the elevations to the datum system used on the FIRM and show the conversion equation under Comments on Page 2.) 4. Elevation reference mark used appears on FIRM: Yes ^ No (See InsVUCtions on Page 4) 5. The reference level elevation is based on: ^ actual construction ^~construction drawings f tOf'1~> L~«1ii/ STV t>~l (NOTE: Use of construction drawings is only valid if the building does not yet have the reference level floor in place, in which case this certificate will only be valid for the building during the course of construction. Apost-construction Elevation Certificate will6e required once construction is complete.) -~ 6. The elevation of the lowest grade immediately adjacent to the building is: I I I I.LJ feet NGVD (or other FIRM datum-see Section B, Item 7). SECTION D COMMUNITY INFORMG77oN 7. If the community official responsible for verifying building elevations specifies that the reference level indicated in Section C, Item 1 is not the "lowest floor" as defined in the community's floodplain management ordinance, the elevation of the building's "lowest Floor" as defined by the ordinance is: ~J.U feet NGVD (or other FIRM datum-see Section B, Item 7). 2. Date of the start of construction or substantial improvement /%1L t ' i'L - FEMA Form 81-31~ MAY 90 REPLACES ALL PREVIOUS EDITIONS SEE REVERSE SIDE FOR CONTINUATION SECTION E CERTIFICATION This certification is to be signed by a land surveyor, engineer, or architect who is authorized by state or local law to certify elevation information when the elevation information for Zones At-A30, AE, AH, A (with BFE),V1-V30.VE, and V (with BFE) is required. Community officials who are authorized by local law or 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 breakawayrnon-breakaway wall, enclosure size, location of servicing equipment, area use, wall openings, or unfinished area Feature(s), then list the Feature(s) not included in the certification under Comments below. The diagram number, Section C, Item 1, must still be entered. I certify that the information in Sections 8 and C on this certificate represents my best efforts to interpret the data available. f understand that any false statement maybe punishable by one or imprisonment under 18 U.S. Code, Section 1001. CERTIFIER'S NAME LICENSE NUMBER (a Aifiz Seal) ROt3F2T EDI/8~ GDt.o P.~. ~ 25424 - - - -- - TITLE - COMPANY NAME rxt?~fxi~~o~ f'U6ULwoPxs G6TY o~ wH~'r g.iDf~ __ ADDRESS - - CRY STATE ZIP COMMENTS: V~ ~ f A ~ C - ~-S/~A'N'TCt~ N ~J~ S LJ /~ ~`-I i 77J C CIS E nl0 , (~~ ' BIZ - ~ ~Z~ fl ZCD u~ /-ice Di TIOr~ 7y ~ ~ f1-7- SH7ytL_ C-CVE; L r)5 ?~csT nF r-l-o~~ ~EL~v - 53y~ ~ '~ li_~Nrc.fl rS . Z9' l3cUl,,~ aF~ ~~ 53y5 ~k ON WITLL ON PILES, SLAB BASEMENT PIENS, OB COLUMNS A V A A V ZONES ZONES ZONES ZONES ZONES REFERENCE LEVEL PEFEPENLE PEGERENCE BASE LEVEL LEVEL FLOOD ELEVAnCN V '~ ~..:.,.T.:~. .i.: yub 'r ' BAEE :.::r ~ ~.:` . - BABE .., ~AOIACENi :F:' ~:, REFERENCE R.ooo ELEVATION FLOpO ORAL LEVEL ~- ELEVATIWI REFERENCE AWALEM --- LEVEL GR-DOE '.;;j: k!2;a.,ak;Ft,, aj~",: i.: ~ G~pE 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 Copies should he made of this Certificate for: 1) community official, 2) insurance agenvcompany, ana of nwwNFy uwuaL. ' J)J1 .)1~. feev°rded. -....._..._......o'elack.._-......_.N ................................_.....~ DEED O~ TRUST ' ,AD. 19 J3 TRIS INDENTURE, Made thla 1sL dsy pi liay between [$R41iu1 G. ..RIQUT whose addre® k 977677 -~- C0U4Ff4REefl~s~! ~wS0t7 STATE Oi~ is ^L~if;ADU FILED ~? ;'• r''!C= (E7 Isar 2 3 us PN'63 ~~ ES /P. NvXGJLLY County o[ Sef keraott in me Etata of Cabrado, DOVNTY CLERK dliR RE[ OOF9 he[clmEter referred to as the Granor, antl the Public Trtpttt of me Cpvnty o! JBf fe1-SOIL pnd Skte of Colorado, hereNOeter relerrN to as me Tt°alle' nclPal 9mn ¢f WITNES9ETH, Tbat Vlhereaa the Grantor hen executed h1a PromLSSOry Note bearlvg even date herewaitlb' o ~ ~~ of SFLVEE ----Dolkm,- Y° SI:i T30IISAAD T:C'.8L lillNllPliD n'IFTY .LND NU/1CUths-------- STATE SAVINGS AND LOAN ASSOCIATION. Denver. Colorado. the beneArlary heieln avl lmreivafte[ brle$Y deaig[uted the Aaaocl°ii°°' whore addem L 19:16 W9ltov Street Denver. Colpr°do, with interest at me rate of .:.........~:: .per eras per annum. bath prl¢dpal antl ln/esest Datable by monthly lvatalbnmts of $......-..:L.~....QQ.---The S°°i DaYment o1 prlnelPal aW Intttt°t, R not sooner pal4 shall he due avd payable on the ....._.....J..L'.h._ daY o5 •..-..--...11.3;1""'-""'-" eed that said advances ..__ ._- -.wvo...., edaanm at the OPtbn of said AaoelallonneL<1s h ~vn n~ea st~ be a Part hereoL and far nny sorb advancements. And Where°°. 9altl Grantor is destrove of securing the prompt paYmevt o! We privclpal pod 1¢terat o! aaftl Ptatvimory No e. Covnty Of Lfv'18Cn convNe~irtto Ne lTOattt ]netrw~Pprever, °11 the olowing tleac~rlbed propertY.s tools loathe°fpresald. does hereby grant. bereain sell, ana sir°te o: Cmarado, [o-wtt: ~~-y>py p;,LL=Y ,~' The doa L'a Une-aalf (1/'L) of Tract Fifteen (15), Gi; 2DcliEy ,County of Jeff arson, otal-e of Coloradoe tooetiier tai Gt 2/5 of aninch of irritation tooter iron Uuele tL-e Ditch. Suo;ect to any ana all easements and ri3hts of way of record, ~g~/oo- /o/i3 (lC^RU~T~~~ 11 '- - ~ 11 N ~'+ 0 1 1977 , ~` 1FEfERSUN CGUNTI. CDLO fOmerWlse known as sad numbered 42D5 Garrison .Street, .: iteatzdCre, :clorado _..-__ ._,a -.. --w d..e„m. she vdvae¢es avtl aPpu[lenavrea U+ are a Ie to ,ato belonging, ivctudkg to or sad in convettion aze, u~d eimll he deemed as alores°id Sar the °ad mat ens uen ue h helm ana aalgns. aarl me above bargained Drop°rtY 1v malls Grectdarp shall nice ww WARRANT D FDA~EtrRRaDEFEND~ °em~...<.......... --•..-. - .m cLbn the whole or ant Part therrot, ORANTOfl EEPflE98LY COVENANTS AND AGREES: TO Wy PromPt1Y me pskdpal avd ivbrert. and other Paymenk to be made uvder the temu o! avid Pmmfesmy Note and mis inden- Lu[4 on me d0ya remectiv<ty mat me tame severally become due, and to Derfotm each and every aUpulatlon, agreement, and rantllUov ~saltl Note amd Deed of Trust contained. ^< pd a°alest loss br Rre vvd Omet hamrde eo required by me Association and for 1tv C-III IR ~ ~ c ~ r -~ ~ o ~ e <.:;:, ~ ~ RI-2 PF- ~,aa~.,~ P ~~ FL000 P CO ~ 2~ z o Q r O ~ 5 ybean lo\~v Board of Directors Executive Committee'. Cathy Reynolds Chairman City of Denver John Stone Chairman Pro-Tem Jefferson County Harold Kite Secretary Adams County Arlen E. Patton Treasurer Engineer Lintla Morton Member City of Lakewood Members: L. SCOtt Tucker, Executive Director Greg Moberg City of Wheat Ridge Post Office Box 638 0 0 0 0 w z 0 Wheat Ridge, Colorado 80034 Dear Greg: CITY OF WHEAT RIDGE D , ~~. APR 2 9 1992 ,~i,A„NNING & .QEIIELOPMENI April 28, 1992 This letter is in response to your request for our comments concerning the request for a special exception for the residence at 4285 Garrison Street which is within the 100-year floodplain limits of Clear Creek. We appreciate the opportunity to review this proposal. The residence is within the 100-year floodplain as indicated by the Bell Engineering Company letter. It is outside the floodway which is the most restrictive portion of the floodplain. Therefore, if in fact the proposed addition does not quality as a "substantial improvement" then we would not object to this proposal, and would leave its approval to the discretion of the appropriate official(s) in Wheat Ridge. w w fv' 3 S David A. Day m Engineer ~ David Doering ~ City of Denver N Leslie L. Durgin , City of Boulder $ Stephanie Foote ~ City of Denver Donald A. Hamstra 4 ~ City of Brighton ,~ Sandy Hume Boulder County Jim Jordan N Town of Morrison ~ Ingrid Lindemann City of Aurora ~ Suzy McDanal o Douglas County ~ John J. Nicholl u Arapahoe County ~ Bill Smith City of Denver Clyde E. Wiggins City of Englewood If you have any questions concerning these comments, please contact me. WGD/gb Sincerely t / Bill De root, .E. Chief, Floodplain Management Program CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 28, 1992 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member ROSSILLON, seconded by Board Member REYNOLDS, that-the agenda be approved as printed. Motion carries 6-0. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING - a'ar3 ~ WF 92-~~.n application by Herman Arndt for approval of a Class IS Special Exception to build in the Clear Creek 100-year floodplain. The property is located at 4285 Garrison Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Chairman BERNHART wanted to know why the variance, and Mr. Moberg explained the code requires the first floor elevation of any structure be built 1 foot above base flood. plain elevation, and in this case .the existing residence is 3 1/2" below that flood plain elevation, so the applicant is requesting to build the entire structure at that same height. Mr. Moberg said there was some question. whether this should be a Class I or Class II exception, however, he ran it through as a Class II to ensure the right process was done- for FEMA. Chairman BERNHART asked then a proposal that was 1' above be before the Board, and Mr. Moberg added. the Flood Plain would be considered a Class because they wanted to build come before the Board. if the applicant had turned in the flood plain, they would not Moberg replied possibly. Mr. Administrator did agree this [ and would be allowed, but at-that-level, it did have to Chairman BERNHART stated the variance then has to do with the level they are building the addition, not the fact they are building, and Mr. Moberg said technically if the Board denies this request tonight, the applicant could go back to the flood plain administrator and he possibly could approve it. Staff does agree this is not a big deal to the flood plain, because it is just a ponding area. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 28, 1992 Page 3 Chairman BERNHART said if the Board does approve this, the City's rating is in jeopardy and possibly could cost a 5-10% increase on those who carry flood insurance, and Mr. Moberg answered yes, Staff is worried that 3f this is approved, a precedent would be set and all neighbors along the street could ask for the same variance. Board Member ROSSILLON asked Mr. Moberg to explain the difference between a Class I and Class II exception. Mr. Moberg said Class I allows for certain structures that are inhabitable and can be approved by the Flood Plain Administrator, and allowing for improvements to a structure that cost less than 50% of the structure's valuation. Class II exception has to be heard before the Board of Adjustment, therefore, more people are reviewing it. Mr. Moberg added the Flood Plain Administrator has to go by the same criteria as the Board does. Board Member ROSSILLON asked if this request is okay as far as FEMA is concerned, and Mr. Moberg replied FEMA would rather not see any development in the flood plain. FEMA understands that over 50% of the flood plain property in Wheat Ridge is actually owned by the City, so usually we have no problem with approving uses that should not be allowed. Mr. Moberg continued saying FEMA still has their standards (which are outlined in the Flood Plain Ordinande), but since Wheat Ridge has a more restrictive code, we are given more points which relate to increased insurance cost for those who are in the flood plain. Board Member ABBOTT questioned if there is any way to determine the point rating for the City ahead of time, and Mr. Moberg said the more special exception building that is allowed will certainly hurt us more, especially if a precedent is set without a hardship. If there is a hardship proven, then the request could be approved without hurting us. No further questions were asked of staff. Herman Arndt, 4285 Garrison Street, was sworn in. Mr. Arndt said he would really prefer to build the addition level with the existing house, which is 16" above ground. The existing house is 838 square feet and the bedrooms are very small. Mr. Arndt continued saying he does not wish to raise the floor level because at times his roommate uses a walker and installing steps would be a detriment. Mr. Ardnt stated he was not aware of the insurance factor because the house across the street is built at ground level and wondered how that affected the insurance rates, and Mr. Moberg said he does not know, but he would guess the permit went through without the Planning Department's knowledge. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF McETING: May 28, 1992 Page 4 Board Member ABBOTT wanted to know if the applicant plans to build a crawl space underneath the addition, and Mr. Arnnt answered yes. Board Member ABBOTT .asked if the step would be 1 foot or-3 1/2", and Mr. Ardnt answered it would be 1 foot. Mr. Arndt stated he wants the floor and ceiling level to be the same as the existing, but understands that 3s against code. Mr. Arndt said all the homes in the area are ground level and his floor is 16" above ground level. No further questions were asked of Mr. Arndt. Tom Stearns, 4285 Garrison Street, was sworn in. Mr. Stearns said he bought the property in 1942 and has lived there 48 years and added, there has never been a flood and neither is a flood anticipated. Mr. Arndt spoke again saying with the flood of 1965, the waters only got up around the curve of the street. Board Member ABBOTT questioned if the applicants could try to mitigate the potential flood damage by berming or raising a flower bed, and Mr. Moberg replied the entire property- would have to be bermed, along with several other flood proofing measures. Mr. Moberg spoke on the flood plain and noted the odds are-_ getting better and better for the 100-year flood because according to statistics, it is overdue. Hopefully, the 500- year flood will never come through. The FEMA people are very serious about this because they have seen what a 100- - year flood can really do, and the federal government is starting to crack down on people who do not have flood insurance. Mr. Moberg urged the Board to really take a look at the flood plain level and to look at other available options for the applicant. Chairman BERNHART asked if this exception were granted would that have any impact. of FEMA, and Mr. Moberg replied as of now the people of Wheat Ridge are getting a cut on insurance because we are so restrictive. For approval, the Board has to decide if this case is a hardship and unique from any others and hope that FEMA will agree: Mr. Moberg added the house across the street was only remodeled, there were no additions. Mr. Arndt asked what impact did the newly constructed bathrooms at the park have, and Mr. Moberg answered they were considered inhabitable structures. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 28, 1992 Page 5 Board Member ABBOTT asked the applicant if he was willing to build at the 3 1/2" FEMA level, rather than the City's one foot, and Mr. Arndt said yes. Board Member ABBOTT stated if so, there will be no hardship caused to the roof line or door. Motion was made by Board Member ABBOTT that Case WF-92-1, an application by Herman Arndt, be APPROVED for the following reasons: 1. The residence is within approximately 60 feet of being outside the floodplain and approximately 500 from the Clear Creek channel. 2. This area of the floodplain is a shallow ponding area and not subject to high velocity of Flows during the 100-Year storm. 3. The proposed is not a substantial improvement as defined by Section 26-202 of the code. 4. The proposed addition will be placed on the north side of the structure away from the flood channel and should have a negligible affect on the surrounding areas. 5. One of the owner/occupants has an occasional need for a walker. 6. A step up to the ordinance required height would make this addition difficult to construct. WITH THE FOLLOWING CONDITIONS: 1. The floor level of the addition shall-be constructed at least 3 1/2" above the floor level of the existing structure, so as to bring it into compliance with FEMA regulations. 2. The proposed electrical, heating/ventilating and plumbing be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Board Member HOWARD said the motion indicated the addition would be on the north side of the house, and Board Member ABBOTT said yes, that is what is written in the. engineer's report. Motion was seconded by Board Member JUNKER. Board Member ROSSILLON stated he will be voting no on this motion because it will not be fair to the rest of the community to compromise the rating system worked out with FEMA. Board Member HOWARD stated he would be voting no on this for the same reason. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 28, 1992 Page 6 Motion for approval FAILED 4-2, with Board Members ROSSILLON and HOWARD voting no. 2. Case No. WA-92-9: An application by Dan and Barbara Frodin for approval of a variance to allow an eight (8) foot fence were a six (6) foot fence is only allowed on property located at 6520 West 29th Avenue. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Board Member HOWARD questioned how long the horses have been on that site, and Mr. Moberg answered to his understanding they were moved in recently, after the applicants moved in. Board Member HOWARD asked under the existing zoning ordinance, can horses be brought in, and Mr. Moberg replied yes. The ordinance allows one horse per 9,000 square feet and an additional animal for every 6,000 square feet thereafter, so the property could have three animals legally. Chairman BERNHART asked if those dimensions are based on the entire size of the lot, and Mr. Moberg replied it is - calculated after all structures are subtracted out of the parcel. Mr. Moberg added they still have to keep the lot maintained according to code. Board Member ABBOTT wanted to know how high is the current fence, and Mr. Moberg answered about six. feet. Board Member HOWARD asked in the zoning ordinance is there any requirements for the animal owner to erect any kind of fence 3' within his lot lines, and Mr. Moberg answered no, the owner only has to maintain his animals and property. No further questions were asked of staff. Barbara Frodin, 6520 West 29th Avenue, was sworn in. Ms. Frodin stated she likes horses and has no objections with the horses next to her. The problem is, every thing green along the fence has been eaten and they are now trying to eat the trees, and since they have invested $15,000 worth of landscaping in their backyard, they would rather not see that happen. They also feel the. need to raise the fence because their deck is higher than the existing fence. Ms. Frodin said the proposed fence would be virtually invisible from the street. The fence will be eight feet high and then angled down to four feet on the sides. Ms. Frodin said their property does drop about six feet from their deck to the fence. 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 o1992fferson, State of Colorado, on the 28th day of Mav , CASE NO: WF-92-1 APPLICANT`S NAME: Herman Arndt LOCATION: 4285 Garrison Street Upon motion by Board Member ABBOTT seconded by Board Member JUNKER the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WF-92-1 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS; the property has been posted the required 15 days by law and there WERE NO protests registered against it; and WHEREAS; the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WF-92-1 be and hereby is APPROVED. TYPE OF VARIANCE: Class II Special Exception PURPOSE: To build in the Clear Creek 100-year floodplain FOR THE FOLLOWING REASONS: 1. The residence is within approximately 60 feet of being outside the floodplain and approximately 500 £rom the Clear Creek channel. 2. This area of the floodplain is a shallow ponding area and not subject to high velocity of flows during the 100-Year storm. 3. The proposed is not a substantial improvement as defined by Section 26-202 of the code. 4. The proposed addition will be placed on the north side of the structure away from the flood channel and should have a negligible affect on the surrounding areas. 5: One of the owner/occupants has an occasional need for a walker. 6. A step up to the ordinance required height would make this addition difficult to construct. WF-92-1/RESOLUTION Page 2 WITH THE FOLLOWING 1. The floor level of the addition shall be constructed at least 3 1/2" above the floor level of the existing structure, bringing it into compliance with FEMA regulations. 2. The proposed electrical, heating/ventilating and plumbing be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. VOTE: YES: Abbott, Bernhart, Junker and Reynolds NO: Howard, Rossillon DISPOSITION: Variance is DENIED with a vote of 4-2. May, 1992. ~L~ BERNHART, Chairman Mar L u Chapla, Secr tary of Adjustment Boar Adjustment ~~ .'., l ? "a0C-WEST 29TH AVENUE -... _ ~ ~ ~=~.. ,~. -, .., z~.a. - : ,._._ .~. P.o. sox saa -. . `~~The_City of r: WHEAT RIDGE. CO SOD34,0638 -~. s,....~~.... (303) 234-5900 /'[ z 7~p~L City Admin. Fax # 234-;5924 °'°°"'"" ~~ ~ - -`=' ~/~~/ 1V~eI ~„ Police Dept. Fax # 235-2949 d '?.~' June 15, 1992 .~----_ ~ ` Ms. Virginia Motoyama, Chief _ Flood Branch - Federal Emergency Management Agency Region VI22 Denver Federal Center P.O. Box 25267 Denver CO 80225-0267 Dear Ms. Motoyama: As you know, the City is currently involved in the Community Rating System. One of the areas we receive credit for within the program is Section 430 Higher Regulatory Standards, in that we require the finished floor elevation for new structures in the flood plain to be one foot higher than base flood elevation. We have been working with a property owner at 4285 Garrison Street who would like to build an addition onto his existing residence. The property is in the flood fringe of the Clear Creek 100-year flood plain. The floor elevation of the existing structure is .3 feet below base flood elevation and due to physical limitations of the owner, he is requesting the addition be built at this same level (i.e., .3 feet below base flood elevation rather than one foot above as required by our Flood Plain Ordinance). The question arises that if a variance to this section o£ the Flood Plain Ordinance is granted, will it endanger the City o£ Wheat Ridge's status in the Community Rating System? Please note that this case was reviewed by the Board of Adjustment in May as a Class II Special Exception Permit. Staff gave a recommendation of denial based on the potential negative effect of the variance on the City's rating status for Section 430 Higher Regulatory Standards. The Board of Adjustment denied the request to allow the finished floor elevation to be below base flood elevation. However, it was indicated they may reconsider their decision based on the answer to the question posed regarding the City's rating status. „~. _.r~ r..- - __ maw ~.. _, ., yz:.--:, .. --- ,~,~:,. Ms .- Virginia Motoyama, Chief Pale ?: June X15, _ 1992 r , ~.,_•_ 4 3 I would appreciate your input in the matter. Please find ~ ~'-_ attached supporting documentation regarding this case. if you °- _-_ have any questions or need further clarification, please contact --- me at 235-2848. ~ '~ ~~..- - Sincerely "`'~' ~A~ ~.E. ". , .- Meredith Reckert Planner. _. _ _ - MR:slw attachments cc. -Fred Metzler Lyle Koller 1992 CRS file Herman Arndt 4-~... y f' Federal Emergency Management Agency Region VIII Denver Federal Center P.O. Box 25267 Denver, CO 80225-0267 Ms. Meredith Reckert Planner City of Wheat Ridge P.O. Box 638 Wheat Ridge, CO 80034 RE: Variance question 4285 Garrison Street Dear Ms. Reckert: ~~_._ ;~; ~;F~:.. July 9, 1992 ;;, ;, _F. This responds to your letter of June 15, 1992, concerning issuance of a variance of your elevation requirement.. You expressed concern over possible loss of credit under Higher Regulatory Standards of the Community Rating System (CRSj. The City~s rating under the CRS would not be affected by reconsideration of the action. Please contact Mr. Fred Metzler at 235-4835 if you have any questions. Sincerely, 'L----`ate=. ~M ~~~ _ Virginia Motoyama ~~~ Chief, Flood Branch cc: Mr. Leonard A. Boulas, SOEM Mr. Brian Hyde, CWCB ~ Mr. Bill DeGroot, UD&FCD CITY OF WHEAT RIDGE ~ _.__.r~an_L?r~ ,' ,:UL I 0 19921 .} U ~rJ ~4 4... ~.~.J PLANPJi:JG & 6EUf.LOi':E::T NOTICE OF PUBLIC HEARING Notice is hereby given of a public hearing to be held before the Wheat Ridge Board of Adjustment on August 27, 1992, at 7:30 P.M., at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: 1. --Case No. WF-92-2 :- An application by Herman Arndt for approval of a Class II Special Exception to build in the Clear Creek 100-year floodplain. The property is located at 4285 Garrison Street and is legally described as follows: The South One-half (1/2) of Tract Fifteen (15), Happy Valley Gardens, County of Jefferson, State of Colorado. ATTEST: Wanda Sang, City Clerk ~ C~ ~ ~_ Mari Lou Chap Secretary To be published: August 13, 1992 Wheat Ridge Sentinel PO, bOX 638 TELEPHONE: 303/237.6944 The City Ol 7909 WEST 29TH AVENVE • Wr1EAT RIDGE. COLORA00 99071 ~VElheat • Ridge POSTING CERTIFICATION CASE N0. J,y ~- ty J-- ~- , PLANNING COMMISSION - CITY COUNCIL- BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ;~',~-]-~rJ' I, n a m e . residing at ~~&'~4 ~/(X.h/~~.L~C%,s ~- l{, ( a d d r e s s as the applicant for Case No. that I have posted the Notice on this `~ day of j~ ~/~ hereby certify that said sign ~~ ltJ r l3- ~- hereby certify of .Public Hearing at l o c a t i o n) ~U-S I~ ~~ 198,, and do has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this ease. The sign was posted in the position shown on the map below. Signature:~/~"CLd~y__ ~1 . I,lh.ti~' NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicants case file at the Department of Community Development. M A P P-O. BOX 638 TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 cWheat Ridge August 11, 1992 This is to inform you that Case No. WF-92-2 which is a request for aPProval of a Class II Special Exception to build in the flood lain for property located at 4285 Garrison Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:$O P.M. on August 27, 1992 All owners and/or their legal counsel of the parcel under consideration m s 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" p 923 92~ 776 D Q w O O (n 7J W o ~~ }py W S7 ~ :J µ ~ .. m ~+ ~~~ 1 fA D 31 T ~ y j m m ~ l a o~ $ D m a r ~ p NO O m o~ P 923 920 780 m m m ~ = D m ~ ~ V !s CJ g fY ~ n P 923 920 779 (n m m m ~ m ~ m "= m ~ Z ~ 4f ~ I {~$ ~ N 1~ ~ O ~ ~ F'' O ^ o O ~ m i~ii ~~ ~ m~'c } ~ ~ o vo m Fb " { ~ ~ o~ o£ n m ° ~ m F} s ~S m < m a Ay ~ g o 2fn N y I LI ~ m i oa a ~ ~n mm i A W ~ y! -~ ~ K~ T W s i V l 1 r ° m w l n us , m V -i \ ~ n ~ A n n m I 'I1 ~ m ti ~~ 0 3 a D o 9 ° a m LACE STICKER AT 70P OF ENVELOPE TO IMPORTANT. P THE RIGHT OF RETURN ADDRESS. V ~ ~ N C~ ~ o i° ~ 3 ?' w N ~ ~ I I 1 ~..Z ~~ ~ O ,~. N N N 6 N N N ~_ v~ ~ ~ ~ N (n [n O ~ 3 m °' W ~ ~ N N ~ I I i l^D D z ~ a o ~ _~ ~ m N ~ N (O ~ _. _ _ _ Y ~ ~ rn v+ O ~ 3 ~ 3I ml m N N y I I j D _ Z ~ c ° ~ a N 4 Q m m O t}.-_ M ~~ - ~F- c^ Z' a ~i v. a d D. 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'il ""T..+3ff 1'6' O ~ D2 ~ O N ~ ~ N ~y ~~ ~c o 0 m m d0 vz y z <3 ~. ~ "' E G ac m my m ~ P 923 929 777 N 9 ~ m m m m c ~ ~ 9 m H Z o ~ ~ gQ 2 ~ R /~ Y~ W z G ~ - ~ y NO ~j m ~s K a ~ ~ m o0 t -~ g 3 m 9 O r 2G w P~ ~ 1 ego m s <"~ im .ai o \ O m K a ~m f # ~a R # 3G r C4 o O w w ^I^I~I^ IMPORiANP. PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF RETURN ADDRESS. _ ~~_.~ ~ U o ,~ ~/~ ~ ... _....r ~ I. ^I -_-~ _O y -. ..~ 4:- z O m ~F_ 3 i-, 0 ,~__ _ c c i I i -. • O~ n~ y~~ `< 3~~Z ~ n ~~E -'~~ y ~ , g~ ; ~:~ y~~1~§y~i n~ p~^ ~HH ~ N G V N P V ~ i I 3 lJ~ G ~~ 9 p 4 a ' mam A R o S N w FNO N po M ~ Sao ^ a 1 + 60 ~ ~ a~ s (5 ~ S _ :d ~ ~ _ ~ VVV ~~ m t ~ ~ =~? ~ ~ ' ~} mo_ o i". R ° F ~ 3 ~ ~~~ o p d F p'S ~ 3 rv e,. <~o ~ ors n~ MEMORANDUM TO: BOARD OF ADJUSTMENT FROM: GREG MOBERG DATE: AUGUST 20, 1992 RE: REHEARING OF CASE NO. WF-92-1 On May 28, 1992, Case No. WF-92-1 was heard and denied based on the possibility of compromising the City's position within the Higher Regulatory Standards of the Community Rating System (see attached minutes and resolution). As per the Board of Adjustment By-Laws, Article II, 6, "The Board shall not be required to hold hearings on proposals which have been approved and denied within the previous twelve (12) calendar months, unless new evidence pertaining to the case is submitted in writing which could not have been, with due diligence, presented at the hearing. . After the meeting Mr.,Arndt requested that staff contact the Federal Emergency Management Agency to find out whether approval of his request would threaten the City's position within the Community Rating System. Again the applicant's request was to allow an addition to be built at the same floor elevation as an existing structure (three (3)inches below the base flood elevation). The City requires that first floor elevation be one foot above base flood elevation whereas FEMA requires that the first floor elevation should not be built below the base flood elevation. FEMA's response to staff's referral was that approval would not affect the City's rating under the CRS (see attached correspondence). The response thereby provides new evidence, in writing, that could not have been presented at the public hearing and allows the rehearing of the applicant's request. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: BOARD OF ADJUSTMENT Date Prepared: August 18, 1992 Date of Meeting: August 27, 1992 Case Manager: Greg Moberg Case No. & Name: WF-92-2/ARNDT Action Requested: A Class II Special Exception to allow the construction of an addition to a residence located within the Clear Creek 100-year £loodplain. Location of Request: 4285 Garrison Street Name & Address of Applicant(s): Herman G. Arndt 4285 Garrison Street Wheat Ridge, CO 80033 Name & Address o£ Owner(s): Same ---------------------------------------------------------------- Approximate Area: 22,500 square feet Present Zoning: Residential-Two Present Land Use: Single-family residence Surrounding Zoning: N:, S:, E: & W: Residential-Two Surrounding Land Use: N:, S:, E: & ail: Single-family residences Date Published: May 14, 1992 Date to be Posted: May 14, 1992 Date Legal Notices Sent: May 13, 1992 Agency Check List ( ) Attached (XX) Not Required Related Correspondence ( ) Attached (XX) None ENTER INTO RECORD:. ( ) Comprehensive Plan (XX) Case File & Packet Materials (XX) Zoning Ordinance (XX) Slides ( ) Subdivision Regulations (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. BOARD OF ADJUSTMENT STAFF REPORT CASE NO. WF-92-2 I. REQUEST The applicant is requesting approval of a Class II Special Exception to allow the construction of an addition to an existing single-family residence located within the Clear Creek 100-year floodplain. The subject site is located at 4285 Garrison Street and is currently zoned Residential-Two. The applicant is proposing a 361 square foot addition, consisting of a bedroom and two baths. The addition is to be placed at the same floor level as the existing residence. _ As per the Flood Insurance Rate Map, the property is located within the Clear Creek 100-year floodplain (Exhibit "A"). Upon further research using the "Clear Creek Flood Hazard Area Delineation Report" prepared by Gingery Associates, Inc .. August 20, 1979, the property is located on the. flood fringe with the flood depth ranging from 0 to 12 inches "Exhibit B". As defined by the Wheat Ridge Code of Laws the property is therefore located in an "area of shallow flooding"; that is, an area where the base flood depths range from one (1) to three (3) feet. As for the report prepared by Bell Engineering Company, for the applicant, the first floor elevation is approximately 3-1/2 inches below the 100-year floodplain level. Referrals were sent to Bill IleGroot of Urban Drainage, Flood Control and Bob Goebel, Director of Public Works and Virginia Motoyama of the Flood Branch of FEMA. It is the opinion of Mr. DeGroot and Mr. Goebel that the statements made by Bell Engineering are correct and that the proposed addition will have very little effect on the existing floodplain. Ms. Motoyama has stated that approval of the addition as proposed will not --- threaten -the City's position within the Community Rating System. II. CONCLUSION & RECOMMENDATION It is Staff's conclusion that construction of the proposed addition would have very little effect on the__existing floodplain. In addition, approval of the construction of.an addition at the same elevation as an existing dwelling will not threaten the City's position in regards to the Community Rating System. Therefore a recommendation of APPROVAL is given £or Case No. WF-92-2 subject to the following condition: 1. That proposed electrical, heating/ventilating, and plumbing be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. ~. ~~.s x - ~* ~R- ,y,y-T r+ ' - - -, a 4 ~ 4 t '4 _ W. 49 ~~~t 49 ~b .r$ ~~~~~ _ .r. v <~_zj . ~ ZONE C _- ~ - ~ - a: i [`' - ;~ . Wf~~=TN AVE - wz„ ~ ~ ~ - W x d -w _ ,~ ,~~ ZONE B = 'W'~aBrFi~Av~ - -' - ce..~ .-., t- ". ~''~ -d ~ i " - 46 AVE. .e s. ~: ,..~..:., t ~. ~ J V ^ G ~ ~. AVE. ~~ ~_~ ' .,t:. 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APPROVE THE ORDER OF'THE AGENDA Motion was made by Board Member ABBOTT, seconded by Board Member ROSSILLON, that the agenda be approved as printed. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING ~ `~-~c~.`~~32-~~ An application by Herman Arndt for approval of a Class II Special Exception to build in the Clear Creek 100-year floodplain. The property is located at 4285 Garrison Street. Greg Moberg presented the staff report. All pertinent documents were entered into record, which Chairman BERNHART accepted. Board Member REYNOLDS asked if this proposal has the same conditions, and Mr. Moberg said the original motion had two conditions and five reasons for approval, and the motion was denied by a vote of 4-2. The applicant therefore, would have to build according to our conditions, which is 1 foot above the flood plain. Staff was worried that if we didn't require them to build above the flood plain it would cause a problem with our flood insurance rating. FEMA returned a letter stating the applicant can build at the same elevation as their existing house, so staff agreed to waive the 1` requirement and allow them to build at the same elevation. Chairman BERNHART stated he was still confused and Mr. Moberg explained the applicant can now build the addition at the same elevation as his existing house, which is 3 1/2" below the flood level. Board Member ABBOTT added he thought the 3 1/2 was to bring them to the FEMA level, not the Wheat Ridge level, and did not feel the letter from FEMA was waiving that 3 1/2". Meredith Reckert said the question was not if it is okay to build this addition at a certain elevation, the question to FEMA was if the requirements start getting varied, would that jeopardize our position. FEMA's answer was no, i£ the City grants specific variances, the rating is not changed. FEMA therefore, was. not concerned with the floor level of the applicant. Discussion followed regarding flooding. Mr. Moberg added the letter to FEMA specifically talks about building 3 1/2" below the flood plain and the letter back from FEMA said it would not effect the rating, and I ,~ WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 24, 1992 Page 3 interpret that to say the applicant could build at the same floor elevation. Herman Arndt, 4285 Garrison Street, was sworn in. Mr. Arndt said they want to build at this present level due to physical impairments of his roommate. His roommate had fallen the week before, and the bedrooms are so small the paramedics could not get the stretcher into the room. Aiso, his roommate has wheels on his walker, so it would be very difficult to maneuver with uneven floors. Board Member ABBOTT asked if there is any structural reasons for not raising the addition 3 1/2", and Mr. Arndt answered none that he is aware of, but even so, there would still be an accessory problem with anyone using crutches or a walker. Mr. Arndt added the 3 1/2" was not their idea, it was suggested to them during the discussion at the previous meeting. Board Member ABBOTT asked staff what is the exact variance, and Mr. Moberg answered the request is for a special exception to build in the flood plain, and in this request the applicant is asking to be allowed to build at the same floor elevation as the existing house. In approving the special exception, any conditions can be placed on it. Mr. Moberg added there are a couple of exceptions; one being the existing structure is already below the flood plain, and there is also a letter from FEMA stating approving this type of variance will not have any effect on the rating with the CRS. Mr. Moberg stated the prior stipulations regarding building code have to be included. No further questions were asked of staff or the applicant. Motion was made by Board Member ABBOTT, that Case No. WF-92- 2, an application by Herman Arndt, be APPROVED for the , following reasons: 1. This request is for an addition to the existing structure. 2. The variance is needed for the accessibility of a disabled person. 3. The residence is within 60 feet of being outside of the flood plain, and 500 feet from the Clear Creek channel. 4. This area of the flood plain is a shallow pond area and not subject to high velocity of flow during a lOD-year flood. 5. The proposed addition is not a substantial improvement according to Section 26-202 of the Code. 6. The proposed addition will be placed on the north side of the structure away from the flood channel and should not have a negligible affect on the surrounding areas. 7. One of the owner/occupants has an occasional need for a walker. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 24, 1992 Page 4 8. The ordinance required height would make this addition difficult to construct. 9. Two letters have been received from FEMA and Urban Drainage and Flood Control District both indicating there will be no impact on Wheat Ridge`s flood plain insurance as a result of this variance. WITH THE FOLLOWING CONDITION: 1. The proposed electrical, heating/ventilating and plumbing will be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Motion was seconded by Board Member RICE. Motion carried 7- 0. Resolution attached. B. Case No. W~92-11:_ An application by Thomas Shockley and Elizabeth B uvelt for approval of a varian to allow a trash dumpst on a single-family resident~l lot. The property is l,~ated at 11605 West 46th AvE~hue. Bob Gaspar prested the staff report. All pertinent documents were e = ed into record, w ch Chairman BERNHART accepted. ~. Chairman BERNHART ask _ if the dum ter is in the City right-of-way, and Mr. par repl dyes, that is what brought this case to hi~attenti ~ . Chairman BERNHART asked i City has the authority to move things that are in the ght-of-way, and Mr. Gaspar answered yes. ~ Chairman BERNHART questi~ied i is variance is to let the dumpster remain in the ght-of-~aa and Mr. Gaspar replied the issue is that dump ers over cubic yard are not allowed in residents districts. Board Member HOWAR masked what is thize of this dumpster, and Mr. Gaspar an eyed 2 cubic yards.-~- Board Member AB TT wanted to know if th limitation is only in Resid tial-One and Residential-Twodistricts, and Mr. Gaspar r lied yes, but it also applies~.o one and two family dwe ings. Board Me er ABBOTT questioned if the code wou~~ld also require structure built around the dumpster, and Mr. Gaspar replied it would require a six foot solid fence with bollards and a closing gate. PUBLIC HEARING SPEAKERS' LIST CASE N0: GTF-92-2 DATE: September 24, 1992 REQUEST: An application by Herman Arndt for approval of a Class II Special Exception to build in the Clear Creek 100-Year floodplain. The property is located at 4285 Garrison Street. Position On Request; (Please Check) ; ~ SPEA ER'S NAME ~ ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ; 1 ~ ~ I ~ ~ C ~ l l ~ i i ~ i I i i y i i i 1 1 1 1 I I 1 1 i ~ i i ; I J 1 I 1 1 1 1 1 I 1 I ~ 1 1 1 I I I 1 1 1 1 I 1 I I ~ 1 1 1 1 I I ~ I 1 I ~ ~ I I i i 1 1 1 1 I I 1 1 I ; 1 1 I I I i I 1 I i i I - - - - - - - I i i 1 I 1 I i i ~ i i i _ 1 1 i I 1 i 1 1 ~ 1 I I 1 I I ~ 1 I i ~ it i i 1 1 1 I I I 1 -- 1 1 1 } 1 1 1 I 1 i I 1 1 I 1 _ I I j j 1 1 I 1 I I 1 1 I 1 1 1 j I j 1 I t I I 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 24th day of September 1992. CASE N0: WF-92-2 APPLICANT'S NAME: Herman Arndt LOCATION: 4285 Garrison Street Upon motion by Board Member ABBOTT seconded by Board Member RICE the following Resolution was stated. WHEREAS; the applicant was denied permission by an Administrative Officer; and WHEREAS; Board of Adjustment Application, Case No. WF-92-2 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS; the property has been posted the required 15 days by _law and there WERE NO protests registered against it; and WHEREAS; the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WF-92-2 be and hereby is APPROVED. TYPE OF VARIANCE: Class 12 Special Exception PURPOSE: To build an addition in the Clear Creek 100-year floodplain FOR THE FOLLOWING REASONS: 1. This request is for an addition to the existing structure. 2. The variance is needed for the accessibility of a disabled person. 3. The residence is within 60 feet of being outside of the flood plain, and 500 feet from the Clear Creek channel. 4. This area of the flood plain is a shallow pond area and not subject to high velocity of flow during a 100-year flood. 5. The proposed addition is not a substantial improvement according to Section 26-202 of the Code. 6. The proposed addition will be placed on the north side of the structure away from the flood channel and should not have a negligible affect on the surrounding area. 7. One of the owner/occupants has an occasional need for a walker. WF-92-2/RESOLUTION Page 2 8. The ordinance required height would make this addition difficult to construct. 9. Two letters have been received from FEMA and Urban Drainage and Flood Control District both indicating there will be no impact on Wheat Ridge's flood plain insurance as a result of this variance. WITH THE FOLLOWING CONDITION: 1. The proposed electrical, heating/ventilating and plumbing will be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. VOTE: YES: Abbott, Bernhart, Howard, Junker, Reynolds, Rioe and Rossillon NO: None DISPOSITION: Class II Special Exception approved by a vote of 7-O. 24th BERNHART, Chairman of'Adjustment September, 1992. Ma L Chapla, Se rretary Board of Adjustment