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WA-09-06
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Case File CASE MANAGER: Meredith Reckert CASE NO. & NAME: WA-09-06/Republic Garages DATE: September 3, 2009 ACTION REQUESTED: Approval of a variance of 1' to the minimum 5' side yard setback requirement and a variance of 2.5' to the combined 15' side setback requirement resulting in a 4' side yard setback in an R-2 zone LOCATION OF REQUEST: 4550 Brentwood APPLICANT (S): Republic Garages OWNER (S): APPROXIMATE AREA: James and Catherine Kopp 10,125 square feet PRESENT ZONING: PRESENT LAND USE: Residential-Two (R-2) Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE All notification and posting requirements have been met; therefore, an administrative decision may be made on this request. L REQUEST The applicant is requesting approval of a two-fold variance request which impacts the northern property setback for construction of an attached single car carport. The specific requests are to allow a 1' side yard setback variance from the required 5' side yard setback requirement and a 2.5' variance to the 15' combined side yard setback in an R-2 zone resulting in a 4' side setback from the side (northern) property line. (Exhibit I, Letter of Request/Responses to Evaluation Criteria) Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code allows that the Director of Community Development (Director) may grant administrative variances from the strict application of the zoning district development standards. Administrative variances are allowed for up to 50% of the development standard. All other development standards have been met. II. CASE ANALYSIS Existing Site Conditions Republic Garages is requesting this variance on behalf of the property owners, James and Catherin Kopp. The subject property is 75' wide along Brentwood by 135' deep and 10,125 square feet in total area. (Exhibit 2, Improvement Location Certificate) The single family, ranch-style home was built in 1948 and has a footprint of around 1160 square feet. The home is set back from the front property substantially further than the minimum front setback of 25' at 47.7'. According to the property owner, the front yard was recently professionally landscaped. An existing driveway runs along the north side of the property to a structure in the back yard. The 875 square foot work shop built by the former owner sits behind the residence. There is currently no covered parking on the property. (Exhibit 3 site photos) The existing house currently has a side setback of 8.5' on the south side and 18.5' on the north side. The contractor applied for a building permit for construction of an attached carport measuring 13.5' x 24.3' to be constructed and attached to the north side of the house on the existing driveway. During plan review it was discovered that while the 5' minimum setback on the north was being met, the combined side setbacks were less than 15'. Based on need for a variance, the applicant has requested the northern setback be reduced to 4', where 5' is required. The additional 1' is necessary to get proper width to accommodate a vehicle. An existing concrete planting bed which the owner does not want to remove complicates usable width on the north side of the house. (Exhibit 4, existing planting bed) This planting bed wraps 2 around the corner of the house into the rear of the property which precludes a carport addition to the existing workshop structure. Use of the back yard is further limited by a 6' high brick and wood fence (wing wall) extending off the northeast corner of the house. In addition, the maximum size for major accessory structures is 1000 square feet, which a useable carport addition to the workshop would exceed. The following are the required development standards and resultant variance requests for the main structure. R-2 Development Required Proposed Standard Lot coverage 40% maximum 25.8% with carport addition Setbacks Front: 30' 47.7' (existing) Rear: 10' 64' (existing) Sides: Combined total of 15' Combined total of with not less than 5' per 12.5' with 8.5' on south and 4' on side north Resulting variance 1' side setback variance and 2.5' request variance to the combined side setback Adjacent Properties All properties on all sides of the subject property have R-2 zoning and are single family dwellings. The property to the north which is most impacted sits at least 15' from the common property line. (Exhibit 5, Aerial photo) The height of the structure, approximately 15' at the peak of the roof, will match the existing pitch of the house roof. All other development standards have been met with this request. No objections were received during the 10 day posting period. There were four letters in support of the request received from property owners at 4495 Brentwood (to the east), 4500 Brentwood (to the south), 4475 Brentwood (to the southwest) and 4545 Brentwood (to the southwest). (Exhibit 6, Letters of Support). III. VARIANCE CRITERIA In order to authorize an administrative variance, the Director must determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met. Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service, or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. The property could still be used as a single family residence without the need for a variance but it would preclude construction of the carport in the most logical location. There are alternative locations where a carport could be constructed that would meet setbacks but could ruin the aesthetics of the property. Staff finds that this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance would not alter the essential character of the locality. A 1' encroachment into the required 5' setback would have a very minimal impact on the area. The variance to the combined side yard setback requirement is one that most property owners are not aware of. Staff finds that this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. This project represents investment in the property. There is currently no covered parking on the property which will be an important asset demanded by contemporary home buyers if and when the property would be sold. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. There are no unique conditions related to physical surrounding, shape, or topographical conditions that create a hardship. There is somewhat of a hardship due to the fact that the existing house has a front setback that far exceeds the minimum and other permanent improvements further hinder available buildable space. In addition, there is no covered parking on the property. The excessive length of the driveway has proved to be a burden due to snow removal in the winter time. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship was created by a person having an interest in the property as the current owners are proposing the carpet at this location. Staff finds this criterion has not been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent property. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it increase the danger of fire. The request will most likely not have an effect on property values in the neighborhood. Staff finds that this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. The unusual circumstances or conditions necessitating the variance request are not present in the neighborhood and are unique to the subject property. Most other homes in the area are of the same vintage but have covered parking. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family dwellings are not subject to accessibility requirements. Staff finds that this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Single family dwellings are not subject to the requirements of the ASDM. This criterion is not applicable. 1V. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends approval of the variance request. Staff has found that there are unique circumstances attributed to this request due to location of the existing house and other improvements on the property that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. The request would not alter the essential character of the locality. 2. The applicant is proposing investment in the property. 3. There is a unique hardship that the property owner is not responsible due to the location of the house and other improvements on the property. 4. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. 5. There have been no protests and four letters of support submitted during the ten-day public period. q-y _6q Date James and Catherine Kopp 4550 Brentwood Street Wheat Ridge, CO. 80033 August 12, 2009 City of Wheat Ridge Community Development Planning Department 7500 West 29`s Avenue Wheat Ridge, CO 80033 To Whom It May Concern: We are requesting an administrative variance for an open, attached carport as designated in the attached document. We have had only our driveway or the street to park our two cars for the past 25 years. In light of the recent vandalism to cars left out on our street, this summer's storms and hail damage, my husband's earlier neck fusion resulting in degenerative spinal stenosis of the surrounding vertebrate, and our entering our sixties; we have realized a strong need for easier and safer access to our vehicles. A. The open carport will not yield a return in use, service, or income. It will be for our personal use only as stated under the conditions allowed by city regulations. B. We have met with the contractor and believe that his design will not alter the essential character of our neighborhood, but enhance both it and our home. The angle of the carport's roof will follow the lines of our house with the same GAF 50 year Timberline dimensional shingle we put on our house in 2008. C. We are wishing to make a substantial investment in our property that is not possible without the planning department's acceptance of this variance. We have completed major renovations to the outside of our property over the last two years by way of removing the old shake shingles, pouring a new concrete driveway, and professional landscaping of both the front and back yards. D. The long, narrow driveway and 18 '/2 foot distance from our home to our property line makes the building of a carport in any other location a hardship. E. My father-in-law built our home and workshop in 1946. My husband, James Kopp, purchased the house from the estate in 1984. We are working with the original design of the property as set-up before any other houses were built around it after 1948. F. The granting of our variance request will not be detrimental or injurious to our neighborhood. It will be open allowing adequate light and air to the property to our north, will not increase street congestion, endanger the public, nor diminish surrounding property values. G. The conditions necessitating the variance are present in many of the homes on my street as can be demonstrated in aerial views of our neighborhood. Photographs of similar properties and letters of support from my neighbors can be provided upon request. We would be most appreciative of your consideration of this request. Respectfully, Catherine M. Kopp EXHIBIT I ~dO9Y w M w N ! Y? a~82 m OO •O .p°o,omo3, Q RmM M y - . n <'O ,E Q n m ~ g=ga aH Zc03°< m M m 3 m°• m a m 3 m~aam0w-'.m ° ~m3m-» . o m m N 0 J m m m y a m'~m 3 m p~ y p 6mSL O,<.@ `0G m mo 2 W-0 ~-o 0 a (0 °Dag (D mr < m. 'D m m H f°•i O' O m 1" my wo3 m~C O ) 4wm Q= m ~C M O 3 CO cr 3 a m G3- . z° an ~m ' 0 ~ m °mt oo w 3 m m a om n 7 na < - m 4 S O c. . Q m ~g O 3 O 0 o!n~ m "O m oo3m ~f0 70 - o ~ w o 4550 Brentwood Street 50' KO.W. 75.0 Conc. ! Cone.:, . t8.5 ' ls48.0 6 r w " ~ w U ~ ~1 W 00 O i' • 1 ~ 48.0 a d W O is .p . ,p: o C] ; .e n ...............................a-:..............................: , O e d • . p , ;l7 18.1 s 21.7 q O O C]i N~ C"^1i' O N G i O. ~ m x ~ mot k ~5 39.8 .n O 75.0 W N O r C N O m $ Pa ~ 0 0 y~yy 710 o, a lrQ O ~ Y-'54-c~ 'x a' r a 0 O A Z L m '00 W D D 0 o wo ° O C 0 4r 4yo~ Oz OD 0N< OD003 C - m m 00 m { i N 6; O Z i m H O N Ojl w ~ ~+OJ H [~1 O ' ON hi H o 0x H D 0 o W r 0 w go x nN qcq 3O z J z D O p m 01 m m z to o W A O U N O O U O b7 1*1 ~ m H t, r m O m ~ O w o N 0 g ~ 2 H a ro ro e EXHIBIT EXHIBIT F-d'AY11D11 0 Peggy Al. Choate D 4495 Brent,rnod St. Wheat Ridge, CO 80033 pegarina 6@7 msn.co,n August 27, 2009 City of Wheat Ridge 7500 W. 291h Ave. Wheat Ridge, CO 80033 Re: Case No. WA-09-06, Request for Administrative Variance 4550 Brentwood Street To Whom It May Concern: I reside at 4495 Brentwood Street, directly across the street from 4550 Brentwood Street. Their residence is in my direct line of vision and I have absolutely no objection to the requested variance. Cathy and Jimmy Kopp are responsible, considerate neighbors that put a great deal of thought and planning into the proposed carport. They have gone to great lengths to have an aesthetically pleasing structure designed that will enhance the appearance and value of the property. I have lived across the street from the Kopps for over sixteen years and have known them to be engaged community members who respect their neighbors and surroundings. I urge you to grant this variance to the Kopps. Sincerely, Peggy Choate EXHIBIT 6 Page 1 of 1 Meredith Reckert From: Mark %26 Chris [mckruote@comcast.net] Sent: Friday, August 28, 2009 10:47 AM To: Meredith Reckert Subject: 4550 Brentwood Street Dear Ms. Reckert: We are writing in support of granting an administrative variance for Jim and Cathy Kopp at 4550 Brentwood Street. The Kopp's have consistently improved their property with landscaping improvements, general care, etc. After looking at the plans for the carport, I feel that it will be an attractive addition to their property. Thank you, Mark and Chris Ruote 4500 Brentwood Street 8/28/2009 Mary and Greg Seebart 4475 Brentwood St. Wheat Ridge, CO 80033 August 26, 2009 Planning Division City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 RE: Case No. WA-09-06 Dear Planning Division: Tle We are in receipt of your Certified Letter informing us of the request for a variance at 4550 Brentwood. We have no objections to this request. Sincerely, Mary Seebart August 20, 2009 To whom it may concern: Concerning the request for administrative variance Case WA-09-06 at 4550 Brentwood St., my husband and I support the request. We live diagonally across the street from this home. The proposed carport will be built by the same contractor who did previous work on the home, and the quality and aesthetics have been very nice. We expect the architecture of this structure to add value to the home and to the neighborhood. 04A A4 W'g- 4yz-~ Carol Kalmes 4545 Brentwood St. Wheat Ridge 303-423-1079 POSTING CERTIFICATION CASE NO. DEADLINE FOR WRITTEN COMMENTS: ~O(~~~ /YCJ9 • ~OD9 I, residing at (name) (addres 4 as the applicant for Case No. jW , hereby certify that I have posted the sign for Public Notice at on this 97 day of Ally Si en 200f ,and do hereby certify that ~2rydi~r ~ ~'`O~hSaxZ`!lhsioy ~/90fHi~jr. /99y.2 9 said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. 4551 W46T H Av 5 5 5 5 W 45TH PL 4. E4~ 4~ y5 y 5 ]4 4515 Q 510 W 45TH 5 Ay o s 5 W 44PL 5 Cu~~~t o~ CL KOPP JAMES A KOPP CATHERINE M 4550 BRENTWOOD ST WHEAT RIDGE CO 80033 3243 ELEANOR F UNDERWOOD REVOCABLE TRUST 4560 BRENTWOOD ST WHEAT RIDGE CO 80033 3243 RUOTE MARK A RUOTE CHRISTINE P 4500 BRENTWOOD ST WHEAT RIDGE CO 80033 3243 STRUNK DORIS JEAN 4545 BALSAM ST WHEAT RIDGE CO 80033 3236 BLAIR ROBERT E 4535 BALSAM ST WHEAT RIDGE CO 80033 WICKERT JAMES J ZINGALE DEBORAH 4525 BALSAM ST WHEAT RIDGE CO 80033 3236 KALMES THOMAS M KALMES CAROL A 4545 BRENTWOOD ST WHEAT RIDGE CO 80033 3242 CHOATE PEGGY M 4495 BRENTWOOD ST WHEAT RIDGE CO 80033 3240 39-232-04-010 39-232-04-011 39-232-04-009 39-232-04-020 39-232-04-021 39-232-04-022 39-232-02-033 7008 3230 0003 5514 8717 39-232-02-034 7008 3230 0003 5514 8656 7008 3230 0003 5514 8663 7008 3230 0003 5514 8670 7008 3230 0003 5514 8687 7008 3230 0003 5514 8694 7008 3230 0003 5514 8724 7008 3230 0003 5514 8731 SEEBART GREGORY D SEEBART MARY CROOKS 39-232-99-002 7008 3230 0003 5514 8748 4475 BRENTWOOD ST WHEAT RIDGE CO 80033 3263 16d City of Wheat~dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`" Ave. Wheat Ridge, CO 80033-8001 CERTIFIED LETTER NOTICE P: 303.235.2846 F: 303.235.2857 August 19, 2009 Dear Property Owner: This is to inform you of Case No. WA-09-06, a request for an administrative variance of 1 foot to the minimum 5 foot side yard setback requirement resulting in a 4 foot side yard setback to the north and a variance of 2.5 feet to the combined 15 foot side yard setback requirement to allow a carport on property zoned Residential-Two (R-2) and located at 4550 Brentwood Street. The applicant for this case is requesting an administrative variance review which allows no more than a fifty percent (50%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on August 28, 2009. Thank you. WA0906.doc www.ci.wheatridge.co.us SW14 N N W z OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENT OF o, o, 3W2,3 PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) Lm N W rz a a a I r NW 23 O 100 200 300 400 Feet MAP ADOPTED: June 15, 1994 O U N O O U O O ~ O N M O N N O 15 N O m o m to N O O a N p m 0 M Cl) N O Q O N N O m m N O Q a O N C m N N N N N N ON M O ~ O ~ O ~ p m a ^ O m m O a rn O m O O a O 0 O a m co , , a a0 m Q o m M O p It M O LO O 0 O _ O n O O M- O rn O O o n O O Residential Worksheet Address: 555-0 IFre114W00 J Zoning: / - -L- Property in the flood plain? Lot Size: /V rZ 5- sq. ft. Maximum Lot Coverage: VO % Lot Width: 7- S ft. 4~ 0 C/ DS© sq. ft. Proposed Improvements: Existing Improvement(s): House: t ' sq. ft. House: l Ibfa Zo Z d Sh ft sq. ft. s ft CcL r10 e r Addition to-Ham: 315 2 sq. e : . q. ' Shed: sq. ft. Detached Garage: sq. ft. ?15 Detached Garage: sq. ft. Other: sq. ft. Proposed Lot Coverage: (Total) Z J , % Z(o 15 sq. ft. x ~Fea,-nlolK~d r gat Required Setbacks: FR 30 S C, S S R I = 5" Provided Setbacks: FR S S R Maximum Height: ft. Maximum Size: sq. ft. -Proposed Height: 1 I ft. Proposed Size: sq. ft. Access Notes For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any property line, except when used as joint access for two or more lots. In residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width. One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet apart, measured from the interior edges. For all uses, one access point per property is permitted. Landscaping Notes For one-and two-family dwellings, one tree for every 70 feet of street frontage is required. 100% of the front yard and 25% of the entire lot must be landscaped prior to issuance of C.0- Street trees required: Street trees provided: RA PORT DATE 07/30/2009FEE 150.00 JOe# 99-429 CLIENT REPUBLIC GARAGES LAND SU RVEY1 NG ADDRESS 4550 BRENTWOOD STREET 5460 WARD ROAD • SUITE 160 NAME JAMES & CATHERINE KOPP ARVADA. COLORADO 80002 - - (303) 420.4768 IMPROVEMENT LOCATION CERTIFICATE LEGAL DESCRIPTION Attn: JOANNE ' wentLiov» LOT 7, BLOCK 5, ~_HILLCREST HEIGHTS, - COUNTY OF JEFFERSON, STATE OF COLORADO L Note: Certificate is Based on Existing Fence Lines, N An Improvement Survey Plat is Recommended ~0 for Precise Location of Improvements. ` h l 1" -20' S ca e: - I LOT6 I I ° I I 135.0 ....I..:....... _ _ ; Conc... " y • d 22.5 ; I ' C IlC b iv, At . O . r . Conc. Drive.°_ r: 3 ° N One Story d of 24.3 < 6.6 b v': . Brick & t ^ € • ! .C • Frame ' O o , • ' ° a. G i i 00 Metal d One Story a . - Shed ° o LOt 7 0 c Frame :a ~a v .a 21.9 14.5 as i Wood v 13. 10.3x 12.2' Shed 24.3 Deck 47.7 f. -.0 i i LOT 8' Property appraisal system prOpETty EM ° a ~a`~xYelr..... Previous 4 OF 24 Next Page I of 1 GENERAL INFORMATION Schedule: 025156 Parcel ID: 39-232-04-010 Print Help Status: Active Property Type: Residential Property Address: 04550 BRENTWOOD ST WHEAT RIDGE CO 80033 3243 Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 2406 - BEL AIRE,HILLCREST HEIGHTS, MELROSE MANOR AREA PROPERTY DESCRIPTION Owner Name(s) KOPP JAMES A KOPP CATHERINE M Subdivision Name: 347400 - HILLCREST HEIGHTS Block Lot Key Section Township Range Quarter5ection Land Sqft 005 0007 23 3 69 1 10328 Total 10328 Assessor Parcel Maps Associated with Schedule Graphic Parcel Map Maw uest Lpcation ma a39-232 pdf PROPERTYINVENTORY Property Type RESID Year Built: 1948 Adjusted Year Built: 1948 Design: Ranch Improvement Number: ; Item Quality No. MAIN BEDROOM 2 FULL BATH Average 1 2FIX BATH Average 1 Adjustment Code Adjustment SgFt WOOD SHAKES 1552 SALE H Areas Quality Construction Sqft FIRST FLOOR Average F 1152 COVERED PORCH Average 428 DETACH GARAGE Average F 816 RES BLDG/SHED F 120 Date Sale Amount Deed Type Reception 1-1983 P22 0 CONVEROI_ 04-10-1987 0 Quit Claim Deed 87052040 07-29-1998 0 Quit Claim Deed - Joint Tenancy FQ675_1_22 TAX INFORMATION 9 2008 2009 Payable 2010 Actual Value Total 192,200 Assessed Value Total 15,300 2008 Payable 2009 Actual Value Total 191,700 Assessed Value Total View Mill Levy Detail For Year 15,260 Treasurer Information .20 2009 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO.PLAT TBA WHEATRIDGE FIRE DIST. TBA WHEATRIDGE SAN. DIST. TBA WHEATRIDGE W. DIST. TBA Total 0 TBA http://www.co.jefferson.co.us/ats/displaygencral.do?sch=025156&offset=3 9/1/2009 Catherine Kopp 4550 Brentwood Street Wheat Ridge, CO. 80033 August 12, 2009 Meredith Reckert, AICP Senior Planner City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Ms Reckert; Thank you again for taking the time to answer my questions concerning my application for a variance at 4550 Brentwood Street. I would like to explain that there might be some concerns with my neighbor to the north, Eleanor Underwood, at 4560 Brentwood St., about our application. She has been a very special neighbor to my husband since he was a young child and to me since joining the neighborhood in 1985. Unfortunately, she had to leave her home for health care and has for the past year and a half lived with her daughter in Lakewood. She has continued.to be in touch with her neighbors and kept up her property as best she could. There recently has been use of her garage by her daughter's printing business that caused some concerns from several of the neighbors who were unaware of the nature of the activity. This caused several official complaints from neighbors resulting in visits from the police, fire, and the code enforcement officer. I have met and spoken with her daughter, Beverly Martinez, and have explained the concerns expressed by those who have spoken to the authorities. I truly believe that Mrs. Martinez understands and is doing her best to go through the proper channels to address these issues and conform to the necessary city codes. Understandably, this and my request for a variance have caused my 84-year- old neighbor, Eleanor, much distress. It is my understanding that she is not clear about what it is that we are requesting and had asked for further clarification from your department. I do appreciate any assistance your office can offer her. Sincerely, 4;Z Catherine Kopp WHEgT~ LAND USE CASE PROCESSING APPLICATION v m Community Development Department 7500 West 291h Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 C~WRN (Please print or type all information) Applicant Republic Garages Address 2532 S Broadway Phone 3-781-9400 City Denver State CO Zip 80210 Fax 3-781-4170 Owner James & Catherine Kopp Address 4550 Brentwood Street Phone 3-424-1248 City Wheat Ridge State CO Zip 80033 Fax Contact Republic Garages/Jerry Address 2532 South Broadway Phone 3-781-9400 City Denver State CO Zip 80210 Fax 3-781-4170 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 4550 Brentwood Street, Wheat Ridge, CO. 80033 Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed description of request: 2.5' variance to the 15' combined sideyard setback required in the R-2, resulting in a 4' side setback from the north property line Required information: Assessors Parcel Number: 39-232-04-010 Size of Lot (acres or square footage): 10,328 Current Zoning: R-2 Proposed Zoning: Current Use: single family dwelling Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which app& 40poLttaafkis action on his behalf. J'r 10 0 Signature of Applicant . yp W~ Subscribe d smV to d y of a 20 09 Wyk ~tIG "n011111102aryPublic oan Jerome y commission expires 2-22-2012 7~. To be filled out by staff- Date received Fee$Rf~eipt No.(.~ 00MP CaseNo.1AJA _0q_00' Comp Plan Desig, v-----_ _ Zoning K-.2- Quarter Section M p Related Case No. Pre-App Mtg. Date Case Manager August 11, 2009 To: City of Wheat Ridge From: Catherine Kopp Re: Admin Variance questions a thru i request. a. Under the current 6'z' setback off north property the present driveway and proposed carport would not be functional for entrance off street with a direct approach with the car b. No, other owners have carports and garages in same locations c. The owner has lived in the house for over 20 years and presently does not have any coverage for their vehicles. d. If we followed the strict regulations then the cars entering would not be in direct line with the driveway. There is a large tree in. the front property area. e. No, it has always existed with the original zoning plans. f. No it would not be detrimental or injurious to other property owners. g. Not certain. we were told 15' total side yard setback combined h. N/A I. Carport with be designed to mirror the archetertural appearance of the house. Thank You, Catherine Kopp LLPoirr DATE 07/30/2009FEE 150.00 JOB# Q9-429 CLIENT' 'REPUBLIC GARAGES L A N D S U R V E Y I N G ADDRESS 4550 BRENTWOOD STREET 5460 WARD ROAD • SUITE 160 NAME JAMES S CATHERINE KOPP ARVADA, COLORADO 80002 (303) 420.4788 IMPROVEMENT LOCATION CERTIFICATE LEGAL DESCRIPTION Attn:- JOANNE ~C;Uwn - ' SLOCR-5~ HILLCREST HEIGHTS, - COUNTY OF JEFFERSON, STATE OF COLORADO L Note: N Certificate is Based on Existing Fence Lines, An Improvement Survey Plat is Recommended Scale: 1"=20' for Precise Location of Improvements. I I LOT 6 I I 135.0 4'.. .•..e e ° Conc. Dri ° Conc. Drive•° r, a s 2 6.0, N ° b f ;U - . o One Sto : ` ti ry 0 t e LOt 7 o 4 Frame ' 06 0 n Wood v Deck In 00 .-H I I I LOT 8' I I 22.5 One Story 0.6 Q Brick & M 0 Frame 7.6x 10" ~ Metal Shed 21.9 14.5 Inc,..: 10.3'x 12.2' Shed i ~7f ~Q W.c Jedac 0cfmk--_M., RECORDED. IN h• Reroptina f:.. COUNTY- OF JEFFERSON STATE OF COLORADO . RECEPTION NO. 87FJ52040 QUIT CLAIM DEED 04i22fs7 11.-20 3.011 1, TRMDEED:-MtOethis 10th dW f APRIL 1987 . 1: between - JAMES A. KOPP . I~ to of the •Coum1•of JEFFERSON and State of COW-,-.gnnwnst, arA ' JAMES A. KOPP AND CATHERINE M, KOPP ? wOnac legal addmas is 4550 BRENTWOOD STREET d ~Ihc WHEAT RIDGE, COLORADO 80033 h a, t Corny of JEFFERSON WHI Am ofcofondO, smtm L WITNESSETH. Thu the gnmonsl fm and in cnmidemtlan of the wm Of OTHER, GOOD AND VALUABLE CONSIDERATION the reeeipjW sufficiency ofa W bis M,*. DOLLARS' 4 theme +elmOwkdgM. has Rmhed. reksW.sold. awmeyed and QUIT CLAIMED. avidity Ptexnudo- eeemix; nekate.selk COmry ttndQUiTCLAiM mnOdtagftmaefsf. their bein.smcessou and assigns. forme.-, all the fight. .thk..intemL4 claim and demmd which d, panmttaf ea in and to the ml pmpeny, together with wew,; Band being in the Comtyof. JEFFERSON WA state of Colorado. described ptmemenu described as sif foltnw~: n Jul LOT BLOCK 5,_ HILLCREST HEIGHTS, COUNTY OFJEFFERSON, STATE OF COLORADO. afiokeownbystnecandJmmbera>: 4550 BRENTWOOD STREET, WHEAT RIDGE, COLORADO 80033 TO HAVE ANDTO HOWthe>amc: tugemcrwith all and sirngalu the appurmun<x> and prisikges the enmo belonging m in. . I. a nywisethentumuappumining. and all the esutc.ciSht. title. intemtande(Hm whatam t:efthe gramm(s). eBherin lwmequley.m the only prom me., benefit and hehmfnf the granteefaL their heia and aulgas ktner. ' INWITNESSWHERF.OF. Thepnh-,:ha executed this deed m the daw m State abme. f i J A. KOPP 1• I: n STATE OFCOLORADO. Comfy of DENVER }ss' , ThefinegoittghWmmcMwssnetntowkdpdbefe2mek*e THE Cmof DENVER 1. State of COLORADO ...this 10th. . APRIL 8 is by JAMES A. ROPP :~ay3y:~.~~td .19. ~ Fj. My commission apim April 19 .1967. Witness my had aM Ofhciatsgl. . l: :u r fv.1 p. pew ~I 0 1331 17th Street.. Suite 1000 it • Denver, CO 80202 •IFmDenver, imerf"Cny artd:' ~'.,,pg„P„"•_:.`e f /f S k C n u 1 f~CO0 ~>>U cti Z L:' I'j O~ a ii Co Y fu L:1 0u u _ x 5..3 O> ,ice 4i "->QL LLI O O 07 Uy c 0 U c oG CIO 0 3 L. t. H ~Y c o o CL Ua: 2 Yj 'm a R 7 E ~ a C2 a C ~I a U o U ~ 6 Vim' ~ N stn, u ~ ~ •D R 6 N c X ^ n Cl C E R C a w M 75 R ' m c H ~ J O M 3 H c w ~ E ° o° ? I n S $ ~ h h Au n T `m 3 V CJ Q (U!T C c y . N N] a3 ~g N 3 m e c c O V V b ~ppp C ~ G E e ~ V L O V U e N M ~ ~ : City of Wh LAND USE APPLICATION FORM eatRjdge Commur-4m DFvaovmENT Case No WA96 Date Received 8/71/2009 Case. Planner Reckert _ Case Description 2.5 foot variance to the 15 foot combined side yard setback required in the R-2 zone, resulting in a 4 foot side yard setback from the 1 north property line })pp/iea vN /nJoAw Irrza Name Republic Garages Name Jerry Phone (303]781 9400 , Address 2532 9 Broadway _I City Denver _ State CD Zip 60210_ ~rrrre~Jnforma/mn Name James&Catherine Kopp _ 424-1248 Name Phone (303) Address 4550 Brentwood Street _ City Wheat Ridge State CD J Zip 80033__ CoMacf /rvhrreaaJver Name Republic Garages Name Jerry Phone (303J 781-9400 . Address 2532 S. Broadway J: City Denver State [MZip 80210-_ Pmjep-f/nlnrorafiun Address 4550 Street - Brentwood Street city Wheat Ridge state [Co I Zip. 60033 kie Location Description Project Name Parcel No. 39.232.04.010 j.. Qtr Section: NW23 Distrcl No: II , flar.¢wx Pre App Date Neighborhood Meeting Date App No: r ~ x 1 Comments efi~D%sposto J"'y.^ j'9 Rp Type, An ~y p iew Bod s` t Rev ew Da 3' (3ey t F ,'7 ~ T q , y,. . . Y ^ , y G t 4 Review ` zT W F 7 ~s .js ' = ~ 7 '77 777 7" 77 x y Y/$pr/$Amn Case Disposition Disposition Data Conditions of Approval Notes Res#IJ Ord# Status CITY OF WHEAT RIDGE 081111,0`9 3:5'9 PPI cuuh 7ame5 Kopp RECEIPT 140:CDD0013861 AMOUNT FiGD ZONING APPLICATION F 200.00 ZONE PAYMENT RECEIVED MOUNT CK 2423 200.00 TOTAL 200,00