HomeMy WebLinkAboutWA-09-071 a 411 Cityof
Wheatjdge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 4243 Harlan
Street referenced as Case No. WA-09-07/Bush; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a one (1) foot side yard setback variance to the
required ten (10) foot side yard setback for a second story addition on property in the R-C zone
district. (Case No. WA-09-07/Bush) is granted for the property located at 4243 Harlan Street to
construct a second story addition, based on the following findings of fact:
1. The applicant is proposing to invest a substantial amount into the property.
2. The investment in the property accomplishes one of the goals of the Neighborhood
Revitalization Study
3. The second story addition will be in substantial compliance with the Architectural
and Site Design Manual.
4. There will be no negative impact to the public welfare or other properties in the area.
5. There have been no protests submitted during the ten-day public notification period.
6. The request would not substantially increase the congestion in public streets,
increase the danger of fire or endanger the public safety.
7. The request wifl not alter the character of the neighborhood.
-23_01
Date
Director
City of
Wh6atPLdge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Case File DATE: September 21, 2009
CASE MANAGER: Adam Tietz
CASE NO. & NAME: WA-09-07/Bush
ACTION REQUESTED: Request approval for a one (1) foot side yard setback variance to
the required ten (10) foot side yard setback for a second story
addition on property zoned Restricted-Commercial C (R-C).
LOCATION OF REQUEST: 4243 Harlan Street
APPLICANT (S): David Bush/ Kerry Foreman
OWNER (S): Gregory Stieger
APPROXIMATE AREA: 10,500 square feet (.24 acre)
PRESENT ZONING: Restricted-Commercial (R-C)
PRESENT LAND USE: Office Building
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Case No. WA-09-07/Bush
All notification and posting requirements have been met; therefore, an administrative
decision may be made.
1. REQUEST
The applicant is requesting approval of a one (1) foot side yard setback variance to the
required ten (10) foot side yard for a second story, in the R-C zone district, resulting in a
nine (9) foot side yard setback (Exhibitl, Letter of Request). The R-C zone district
requires a side yard setback of 5 feet per story unless the building is constructed of a non-
combustible material. Since a second story is being added that is not of a non-
combustible material, a 10 foot setback for the second story is required.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code allows the
Director of Community Development to 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.
II. CASE ANLYSIS
The property is zoned R-C which was established to accommodate various types of office
uses performing administrative, professional and personal services, and to provide for a
limited range of retail uses which are neighborhood oriented. It is the intent that general
retail uses that serve the community or region, wholesaling, warehousing, industrial, and
uses which require outside storage or display be prohibited, since these uses are
incompatible with other uses in this district.
The lot has frontage along Harlan St., is 75 feet wide, 150 feet deep and is relatively flat
There is minimal landscaping on the property as the area between the front of the
building and the street is used for parking. There is a strip of landscaping along the
southern and western sides of the lot that do provide a small amount of landscaping. The
rear yard of the building is also used for parking which is accessed by a drive that is
located on the north side of the building. All the parking areas are of an approved hard
surface that provides parking for 11-12 vehicles (Exhibit 2, Site Photos).
The building that is on the property is an office that was previously a single family home.
Currently the building is 2,274 square feet in size and will be renovated in order to
accommodate a veterinary clinic. As a part of the renovations two portions of the
existing building will be removed and two new additions will be constructed (Exhibit 3,
Proposed Site Plan). One addition will be 770 square feet and will be constructed to
house animal kennels and a surgery room on the rear of the building. The other addition
will be a second story on top of a portion of the existing building of approximately 750
square feet in size.
The R-C zone district allows for eighty (80) percent maximum building coverage.
Currently the lot has coverage of 22 percent. The two additions to be removed combine
for a total of 364 square feet and the one new addition that will contribute to the overall
lot coverage is proposed to be 770 square feet. This means the square footage of the
footprint of the building will increase from 2,274 square feet to 2,680 square feet making
Administrative Variance
Case No. WA-09-07/Bush
the lot coverage 25.5 percent. This addition will be constructed on the southeast corner
of the building. The second story addition will not increase the lot coverage as the
footprint of the home will not increase in size as a result of the second story.
The applicant has expressed the proposed additions will be built of quality construction
and will meet the goals and intent of the Architectural and Site Design Manual (Exhibit 4,
Building Elevations). It will greatly enhance the property as there will be a substantial
investment in it. The renovations will not only increase the value and appeal of the
property but the area as well.
In addition to the expansion and renovations there will be minor site changes which will
also increase the value and appeal of the property. The parking in the front of the
building will be reconfigured and landscaping will be increase. The parking will be
sufficient and the increase in landscape area will bring the property into conformance
with the 20% minimum landscape area required for commercially zoned properties.
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. The applicant has provided their analysis of the application's compliance with
the variance criteria (Exhibit 5). 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.
If the request were denied, the property would continue to yield a reasonable
return. The property currently has an office on it and it may remain in this
manner regardless of the outcome of this variance. If denied, the applicant could
still construct a second story addition but it would have to be set back 10 feet
from the side property line.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be
altered. The majority of the homes along this portion of Harlan St. have been
converted into professional offices of some sort. Directly to the south there is a
two story office building which is adjacent to where second story addition is
proposed to be constructed. This will have a minimal impact on the property to
the south. In fact, the second story addition in conjunction with all the other
renovations will actually add to the character of the locality.
Administrative Variance
Case No. WA-09-07/13ush
Additionally, if the building on site was still a single family home, it more than
likely would be in a zone district that allows for buildings to have a setback of
only 5 feet. If this were the case, there could be a two story home 4 feet closer to
the property line then what is being proposed.
Staff finds 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.
The applicant is proposing a substantial investment in the property. If the
applicant was not asking for a variance to the second story addition could still be
built but would have to be set back 10 feet but it would be very difficult to
engineer a support system that does not use the existing exterior wall for support.
This would create a situation that may become cost prohibitive for the applicant.
In addition to the renovations to the building, there will also be a substantial
investment in the site. Additional landscaping is being added to make the site
more attractive and appealing. Landscaped tree lawns are being added in front of
the building to lessen the predominance of the front parking area and to provide a
buffer to the street.
Staff finds that 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 is no shape or topographical condition that would necessitate the request for
a variance. However, the request does relate the location of the building on the
lot and where it sits in respect to the property line. The original building was
constructed 9 feet from the side property line. As a result of this, it would create a
hardship to require the second story addition to be constructed one foot further
back from the existing exterior wall of the building.
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 described above relates to the existing building. It was constructed
in 1958, prior to the applicant having an interest in the property.
Staff finds this criterion has been met.
Administrative Variance
Case No. WA-09-07/Bush
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.
Staff concludes that the request would not be detrimental to public welfare and
would not be injurious to neighboring property or improvements. It may have a
positive impact on property values in the area. It would not hinder or impair the
development of the adjacent properties. 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. It also wouldn't cause an obstruction to motorists on the
adjacent streets and would not impede the sight distance triangle.
Staff finds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The properties in the vicinity are similar to the subject site as it is a transitional
area between two commercial corridors. Many of the buildings that were once
homes have been converted to offices and other service and retail outlets.
Regardless, many of the homes have been constructed within five feet from their
respective side property line.
If the second story addition were being added in a residential zone district it
would only require a 5 foot setback. The addition that is being proposed is no
more intrusive or intense then what could be expected from a residential second
story addition.
Staff finds this criterion has not been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
The building will accommodate persons with disabilities as required by the
building code. The existing areas of the building will only need to meet the
minimum requirements for persons with disabilities if it does not already do so.
However, the new additions will have to meet all building code requirements
including those for the accommodation of persons with disabilities.
Administrative Variance
Case No. WA-09-07/Bush
A Certificate of Occupancy will not be issued for the building unless these
requirements have been met.
Staff finds this criterion has been met.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
The overall design of the fagade and site improvements do meet the intent of the
ASDM. The second story being proposed is unique and will help to increase the
architectural quality of the existing structure. By granting this variance, the use of
innovative and unique architecture will be utilized, which is a standard in the
ASDM.
Staff finds this criterion has been met.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the applicable review
criteria, staff recommends approval of the request for a one (1) foot side yard setback
variance to the required ten (10) foot side yard setback for a second story addition on
property in the R-C zone district. Staff has found that there are unique circumstances
attributed to this request that would warrant approval of a variance. Therefore, staff
recommends APPROVAL for the following reasons:
1. The applicant is proposing to invest a substantial amount into the property.
2. The investment in the property accomplishes one of the goals of the
Neighborhood Revitalization Study
3. The second story addition will be in substantial compliance with the
Architectural and Site Design Manual.
4. There will be no negative impact to the public welfare or other properties
in the area.
5. There have been no protests submitted during the ten-day public
notification period.
6. The request would not substantially increase the congestion in public
streets, increase the danger of fire or endanger the public safety.
7. The request will not alter the character of the neighborhood.
Administrative Variance 6
Case No. WA-09-07/Bush
1420 Washington Avenue
G o I d a n.
C o l o r a d o
8 0. 4 0 1
voice 303.271.0977
A D~ X
14 E[ T~
R E 1 1 1
fax 303.271.0997
August 4, 2009
Meredith Reckert
Wheat Ridge Community Development
7500 West 29^ Avenue
Wheat Ridge, CO 80033
Ms. Reckert:
I am writing this letter on behalf of my clients David Bush and Kerry Foreman to request a
variance to the side setback at 4243 Harlan Street.
i
As you are aware (since we had our pre-application meeting last week) David and Kerry are
planning to convert the existing building at 4243 Harlan Street to a veterinary clinic. As a part of
this conversion they plan to add a second floor along the south edge of the building. With this
second floor the side setback in this RC zone district is required to be ten (10) feet, however the
existing building is only nine (9) feet from the south property line. We therefore request a 10%
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variance on the required setback for the following reasons:
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1. The existing building is only 9 feet from the property line. It makes the most sense to align
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the new second floor addition with the edge of the building below. A misaligned secon
floor would be visually unappealing and much more difficult to build.
2. The neighbor to the south has previously constructed a concrete retaining wall that is
approximately 3 feet from their north property line. This 3 feet of space appears to be part
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of the 4243 Harlan Street property, so it creates the appearance that the building is actually
12 feet from the property line (rather than 9 feet), Since the reason for increasing the
setbacks for taller buildings is mostly based on visual impact, we feel this is an important
point. The apparent visual distance from the building to the property line is 12 feet, even
though the actual distance is 9 feet,
3. This addition will result in a much more attractive building at this location.
4. 1 have reviewed the "Variance, Criteria for Review" and believe that this project easily meets
a majority of these criteria, _
I hope that you agree with these statements and will be able to issue an administrative
variance for this project. Please do not hesitate to contact me with any questions.
i
Sincerely,
Peter J. Ewers, A , LEED AP
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1420 Washington Avenue
G o i d e n
C o l o r a d o
a 0 4 0 1
voice 303.271.0977
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f a x 303.271.0997
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LAKESIDE ANIMAL CLINIC
VARIANCE CRITERIA RESPONSE
August 25, 2009
A. The upper floor addition is required in order to maximize the value of the property
and provide a reasonable return on the owner's investment. This addition would not
be possible under the current zoning regulations.
B. This variance would not alter the essential character of the locality. The property is
surrounded by a variety of buildings including single-family residences and large
office buildings. This second floor addition mediates the change from the one-story
building to the north with the large office building to the south.
C. The new owners are making a substantial investment in this property. This
investment would not make financial sense without this second floor addition. Also,
if the upper floor addition had to set back one foot from the floor below this would
create a much more expensive construction detail that would increase the cost of
the addition while decreasing the usable area of the addition.
D. The physical surroundings of this specific property includes a one-story building with
the south wall only nine feet from the property line. Aesthetically and structurally the
second floor addition should align with the lower floor. This is not just an
inconvenience, it is a reality that the upper floor should align with the first. Not
aligning these walls would create a financial hardship because of the additional
cost to support this offset, as well as an awkward looking building.
E. This hardship of the existing building being nine feet from the property line was
created long ago when the structure was first built. No person currently involved in
this project was a part of creating this hardship.
F. This variance would not be detrimental to the public welfare or to other nearby
properly owners. Since the second floor addition is on the south side of the
property, it would not increase the shade nor decrease the access to light and air
to any adjacent property. Also, this addition will most likely improve property values
in the area.
G. This circumstance is predominant in this neighborhood. There are many one-story
buildings, mostly constructed as residences originally, which are now zoned for
commercial uses. As these properties are more fully developed this variance
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request will most likely become very common.
H. This project is designed to meet all current handicap accessibility standards and
codes.
1. This design is in substantial compliance with the Wheat Ridge Architectural and Site
Design Manual. The following statements are excerpted from the Pre-Application
Meeting Submittal, which addresses these criteria:
Per the ASDM this site is in a Traditional OverlayArea. Since this is a
renovation and not new construction, it is notpossible to build within 72 feet
of the sidewalk, but we believe that the addition of the second floor and
other upgrades will help meet some of the intent of this overlay drsfrict.
This project meets the CommerCial/lndustrlal Design Principles:
7 The project is much more pedestrian friendly than the previous project
Because of the requfredpaiking it is notpossible to provide a dedicated
pedestrian walk area between the building and the street, but the small
scale of the parking lot sfill provides safe travel for pedestrians.
2 The addition of the second floorprovides significant design interest, and
the introduction of stucco to contrast with the brick will also enliven this
fagade.
3 This principle is not applicable because there is only one structure.
4 All of the exterior facades are unique and the entrances are announced
in an archffecturallypleasing manner
5 The parking lots have been redesigned so they are safe and con venfent.
6 The building and site design have been carefully integrated and contain
many areas of visual interest
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14UGHSTON ROBERT E WALL JONATHAN
14UGHSTON JUDY K WALL CORALYN
4270 INGALLS ST 4275 HARLAN ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
7006 0100 0006 7651 6227 7006 0108 0006 7651 6234
SAUERLAND JUSTUS CLEMENT GORY K STIEGER LLC DONAHUE ELECTRIC LLC
4240 SAUERGALL S REBECCA ANN 15995 E. 123RD AVE 5500 S. SIMMS ST
BRIGHTON CO 80603 LITTLETON CO 80127
WHEAT T RIDGE C CO 80033 7006 0100 0006 7651 6258
7006 0100 0006 7651 618❑ 7006 0100 0006 7651 6210
SPRINGER JOSEPH
4220 HARLAN ST
WHEAT RIDGE CO 80033
4175 HARLAN ST LLC
4175 HARLAN ST
WHEAT RIDGE CO 80033
CHASE EVERETT L
4260 HARLAN ST
WHEAT RIDGE CO 8(
7006 0100 0006
b~S
7006 0100 0006 7651 6197
7006 0100 0006 7651 6203
e6l11 City of
WheatR ge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29ih Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
September 1, 2009
Dear Property Owner:
This is to inform you of Case No. WA-09-07, a request for an administrative
variance of one foot to the required ten foot side yard setback for a second story on
property zoned Restricted-Commercial (R-C) and located at 4243 Harlan 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 September 10, 2009.
Thank you.
WA0907.doc
www.ci.wheatridge.co.us
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~CONSMUCION
Aug 19 09 03:32p David Halterman 3033996618 p.1
August 1 Z , 2009
Paul Robert Stieger, Member and Manager
GREGORY K STIEGER, LLC
4025 BENTON ST.
WHEAT RIDGE CO 80212-7241
David Bush
Kerry Foreman
Lakeside Partners LLC
4267 Stuart Street
Denver, CO 80212
Re: 4243 Harlan Street, Wheat Ridge CO 8003.3, Approval for application for
variance for side setback
To whom it may concern:
I hereby certify that I am the owner of 4243 Harlan Street in Wheat Ridge which is
currently under contract for purchase by Lakeside Partners LLC whose officers are David
Bush and Kerry Foreman.
They have approached me for approval in order to apply for a variance of one (1) foot to
the south side setback. The details are explained in the attached letter from architect
Peter Ewers to Wheat Ridge Community Development dated August yd 2009.
I hereby approve their application for this variance with the understanding that no
construction work will begin until they have purchased the property. Please do not
hesitate to contact me with any questions at 703-992-9488.
S'
Paul Robert Stieger, Mein -r and Man
Gregory K Stieger, EC
The foregoing instrument was acknowledged before me this - day of August 2009,
by Paul Robert Stieger.
IN;;SS WHEREOF I have hereunder set my hand and official seal.
Notary Public
OFFICIAL SEAL.
LYUOMN.A Won
NOTARY FUgtjo- NU:G9N
COMMISSION la 440041
Y1'I01U 6UWX9W"MESAtM7,YDtA
RECEPTION NO."F0552BBB 6.00
215 RECORDED IN JEFFERSON COUNTY, COLORADO
QUITCLAIM DEED
V
THIS DEED, Made this jet dayof January •1998
between Greg K. Stieger
of the -Countyof JEFFERSON and State of
Colorado, grantor(s), and .Greg -K.',Stieger, LLC.
PG: 0001-001
2/09/9B 10:32:$7
whoselegaladdressis 4243 Harlan Streetr Wheatridge,
Colorado 80033
Of the Countyof JEFFERSON`_' and State of Colorado, grantee(s),
WITNESSETH, That the grantor(s), for and in consideration of the sum of $1.00
Dollars
the mccipt and sufficiency of which is hereby acknowledged, hag remised, xeleased, sold and QUITCLAIMED, and by
these presents doe S ` a remise, release, sell and QUITCLAIM unto the gmntee(s), its heirs, successors and assigns, • i
forever, all the right, title, interest. dain5 and demand which the grantor(s) has in and to the real property, together with
improvements, if any, situate, lying and being in the Coumy of JEFFERSON and State of
Colorado, described as follows:
THAT PART OF THE EAST 112(7"0F..THE NORTHEAST 1/4-OF THE SOUTHWE
1/4 OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE
6th P.M:", "DESCRIBED AS FOLLOWS:
F
c
k
BEGINNING AT A POINT 30 FEET WEST AND 453 NORTH OF'i THE
SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAIDSECTION 24; THENCE WEST 150.0 FEET: THENCE
NORTH 75.0 FEET: THENCE EAST 150.0 FEET: THENCE SOUTH 75.0
FEET TO THE POINT OF BEGINNING; EXCEPT THAT PART, IF ANY,
LYING WITHIN KAREN SUBDIVISION, AND EXCEPT THE EAST 10 FEET
THEREOF BY DEED TO THE COUNTY OF JEFFERSON, STATE OF COLORADO
FOR ROAD PURPOSES ONLY,
COUNTY OF JEFFERSON,
STATE OF COLORADO
alsoknownbystreetacdnumberas:- 42-43 Harlan Street, Wheatridge, CQ 80033
assessor's schedule or pawl number.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity,
to the only proper use, benefit and behoof of the grantee(s) its heirs and assigns forever.
IN WITNESS WHEREOFF The grantor(s) has executed this deed on the date set forth above.
STATE OF COLORADO,
)a-
day of J/~
County of
The foregoing instrumeglwas acknowledged before me this 4d _
by p - ( K. 9:4~
My commission expires : , k9 Q
-If in Denver, insert "City and".
WW FIRM P.&
ySEWRS AT LAW
Na 933. Rev. 4-94. QDrrQ hl DEED
a.ndford publishing, 1743 W- St. Den xr.C 80201 -(303)1 5W- 1-96
195'e,
Witness my hand and official seal
1 L/ le _u r : f1Ji1313
clock M., col
RECEPTION NO. F0457077 22.38 PG: 0001-001
211 RECORDED IN JEFFERSON COUNTY, COLORADO 8/07/97 12:18:09
11-.. WARRANTY DEED III
6,1
3 g
I~
t
c~
THis rim). Made this 4th dayof August
between
McKinstry Charitable Remainder Unitrust
19 97,
ofthe County of Jefferson and Staloof Colorado
grant rand Gregory K. Stieger
iv-,
`aLO'Z f/ 3 aM~ O y003 3 s✓
whose legal address 1s 1 9 zs ~ -8a3cewoad;-CO}overdo-80233
ofth. County of Jefferson rend State.f Colorado groom.:
\\rl'1'Nb'45RTfi. Tt+ot silo grantor, for and in considcralirn+ of the sum of ONE HUNDRED SIXTY THREE
THOUSAND SEVEN HUNDRED FIFTY AND NO/100-------------------------
DOI-LARS.($163,750.00
the receipt and sufficiency of which is hereby aeknowl.dgod. Ilan granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with
improvements, if any, situate, lying and lacing in (lie County of Jefferson . and Slate of Colorado,
describad as follows:
That part of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 Section
249 Township 3 South, Range 69 West of the 6th P.M., described as follows:
Beginning at a point 30 feet West and 453 feet North of the Southeast corner of
the Northeast 1/4 of the Southwest 1/4 of said Section 24; thence West 150 feet;
thence North 75 feet; thence East 150 feet; thence South 75 feet to the point of
beginning, except that part, if any, lying within Karen Subdivision and except
the East 10 feet thereof deed to the County of Jefferson, State of Colorado, for
road purposes only,
County of Jefferson,
State of Colorado
[f~KXa~~-ef~'a' 8nd-
also known by street anal lumber as 4243 Harlan Street, 9_w±+.+•-r, olorado
TOGETHER with all end singular the Ileredimmenss and appurtenances thereunto belonging, or in anywise appertaining, and
file Diversion and raven dons, remainder and remainders, rants, issues and profits thereof,. and all the estate, right, title, interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the
hcreditaments and appurtenances.
TO 11AVE AND TO HOLD she said plants.. ohove bargained and described, with Use appurtenances, man the gnmlue, his
heirs and assigns forever. And the greater, for himself, his hails and personnel representatives, does covers; ml, grant, bargain and
agree to and with the grantee, his heirs still ax4gn., shut at the list'. of she inventing an,[ delivery of Ihese pres.nls, be is well
aeixed of (he premises above eo lveycd, has good, sure, perfect, absolute and indefoasitde asks. of iaheritaax, in la", in
fee simple, and has good right, fail power one[ Lawful authority in grant, bargain. sell and convey she s:uuc. in m:uu+cr and lint.,
as aforesaid, and (hat [is. same arc free and clear from all former and labor grunts, tuagan", sides, licux, taxes, uscescn'.nls,
enenmbranecs and restrictions of whatever kind er nature sorever, except far taxes for the current year, a Ilan but tint yet due
or payable, casements, restrictions, re.crvutimts, covenants and rights-of-way of record. If tiny, .
TIe, grantor shall and will WARRANTAND FORRV ER DEFEND the ohove-bargained promises in the quiet :red lvenccnble px+sws-
slon of the grantee, his heirs and assigns, against all end every petsat or persons lawfully claiming the what, or any pan thereat'.
The singular number shall include like plural, the plural the singular, and the use or any gender shall h. applicnhl. In all genders.
IN WITNIURS WHERF9F, the grantor has executed Inds deal on the date set froth abm•c.
McKinshry Charitable Rerainder Unitrust
le
P. McKinstry, Trus
STATE OF Colorado
COUNTY OF Jefferson
KAY LADE
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 11598
l--1
Tin foregoing inslrumanf was acknowledged befnrc m, Ibis 4th day of August l9 97 , by
Carole V. McKinstry, Trustee and Donald P. McKinstry, Trustee r,E The
McKinstry Charitable Remainder Unitrust
Wines n 4vuld and o aal seal.
i
Nnmry Puhlic
Kay Cade
My Commissionexpires: January 5, 1998
WARRANTY DEED (for phoh,arnPale Record)
ld.# N1414359C97
W~/
PROBATE COURT, JEFFERSON COUNTY, COLORADO
100 Jefferson County Parkway, Golden, CO 80401
303-271-6215
IN THE MATTER OF THE ESTATE OF:
GREGORY KARL STIEGER, aka GREG K. STIEGER,
aka GREG STIEGER,
Deceased.
Attorney or Party Without Attorney:
Michelle L. Stieger
7402 Church Ranch Blvd., No. 728
Westminster, CO 80021
Phone: 720-254-0888
R $6.00
D $0.00
LP
AM 1 Page (s)
Colorado
A COURT USE ONLY A
Case Number: 08 PR 0932
Div.: Ctrrtt.:
NOTICE OF LIS PENDENS
ALL TAKE NOTICE THAT THE BELOW MENTIONED PROPERTY IS UNDER
DISPUTE, and pursuant to C.R.S.§ 38-35-110:
1. The parties were husband and wife at the time Greg Stieger passed. Currently, Mr. Stieger's
estate is being probated in Jefferson County and his wife, Michelle Stieger, has certain rights, to wit:
a) A claim to personal property or the cash equivalent within the subject real estate to
include personal effects, jewelry, art work, tools and her piano;
b) A claim for $96,000, with interest, for monies she gave Greg Stieger which were used to
pay the mortgage on the subject real estate;
c) At least $50,000 from the Estate of Gregory Stieger for her Family Allowance and
Exempt Property.
Ms. Stieger is entitled to either cash, property or a combination of both to satisfy her rights.
2. Depending on the outcome of litigation in the Probate Court, this real estate could be granted to
Michelle Stieger or a right therein granted, thereby affecting title.
3. The disputed property is described as:
Key 103, Section 24, Township 3, Range 69, Quarter Section SW
Schedule No. 026035
Parcel ID No. 39-243-00-002
The property's street address is: 4243 Harlan Street, Wheat Ridge, Colorado 80033
Respectfully Submitted,
Mic elle Stieger Q
CERTIFICATE OF SERVICE
I hereby certify that on 0 day cf l1~dJenn~tol , 2008, a copy of the above and
properly addressed, postage prepaid, to:
Paul Stieger
2108 Glenn Spring Court
Falls Church, VA 22043
~el-e,
2008103879
1111212008 11:54:08
Jefferson County,
pe • co
u o
The moving parry is hereby ORDERED
to provide a copy or this Order to any pro
se parties who have entered an
appearance in this action within 10 days
ram the date or this order.
District Court
Jefferson County, Colorado
LQ Court address: 10Jefferson County Parkway
Golden, CO 80401 0401
Phone Number: 303-271-6135
IN THE MATTER OF THE ESTATE OF
GREG KARL STIEGER, aWa GREG K STIEGER. GREG
STIEGER, GREGORY KARL STIEGER, GREGORY K
STIEGUL and GREGORY STEEGER.
~2-4- Th.
Stephen M. Munsinger
Jefferson District Court Judge
DATE OF OaDEINDICATED ON ATIACIM NF
❑ COURT USE ONLY ❑
Case Nlmmber: 08PR932
Division 11 Courtroom
I ORDER RELEASING LIS PENDENS
Upon consideration of the Motion for Release of Lis Pcodens filed by Michelle Stieger and Paul
Stieger, through their respective attorneys, and the parties having waived their right to a hearing
on this Motion, THE COURT FINDS:
1. On or about November 12, 2008, Michelle Stieger recorded aNotice of Lis Pendens in
Jefferson County, Colorado.
2. The Lis Pendens claimed that as a result of the disposition of the claims filed by Michelle
Stieger in this Estate, an interest in the following real property located in Jefferson County,
Colorado, could be awarded to her.
Key 102, Section 24, Township 3, Range 69, Quarter Section SW
Schedule No. 026035
Parcel ID No. 39-243-00-002
Also known as 4243 Harlan Street, Wheat Ridge, CO 80033
3. The parties have settled Michelle's claim
4. There is no just reason for delay in entry of this Order.
THEREFORE, IT IS HEREBY ORDERED that the Lis Pendens is no longer in effect with
respect to the above-described real property.
DATE:
❑ Judge o Magistrate
IIIIIIIIIIIIIIII~IIIIIIINII~II~IIIIIIIIIII o $0.
2009040048 RLLP
05/04/2009 03:29:14 PM 2 Page(s)
Jefferson County, Colorado
'1/1V
Court: Co Jefferson County District Court I st JD
Judge: Stephen M Munsinger
Alternate Judge:
Unassigned
File & Serve
Transaction ID:
24983056
Current Date:
May 04, 2009
Case Number.
2008PR932
Case Name: In the matter of STIEGER, GREG KARL
Court Authorizer. Stephen M Munsmger
/s/ Judge Stephen M Muminger
dOOBINLC~O
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soH COV~
$0.00
IIIIIIIIIIIIIIIIpill III pill III II1IIIIIIIIIIIIIIIIII D R $6.00
2009040049 TD
05/04/2009 03:29:14 PM 1 Page(s)
Jefferson County, Colorado
DEED OF TRUST
THIS DEED OF TRUST, Dated May 1, 2009, between
GREG K. STIEGER. LLC, the grantor herein, and PAUL ROBERT STIEGER as
Personal Representative of the Estate of Greg K. Stieger,
whose address is 2108 Glenn Spring Court. Falls Church. VA 22043 of the
• and
the PUBLIC TRUSTEE of the County in which the property described
below is situated, in the State of Colorado,
Witness:
The grantor, to secure a promissory note or notes, hereinafter referred to in the singular, dated May 1, 2009,
for the total principal sum of Ninety-One Thousand Dollars ($91,000), payable to the order of MICHELLE LYNNE STIEGER, the
beneficiary herein, whose address is c/o Sean F. Soon, Esq., 5840 East Evans Ave., #201, Denver, CO 80222, after the date thereof, with
no interest, principal payable in full eighteen months after the data ofthe Note, does hereby grant and convey unto said Public Trustee the
following described property, situate in the County of Jefferson State of Colorado, to-wit:
That part ofthe East '/a ofthe Northeast 114 ofthe Southwest 1/4 of Section 24,
Township 3 South, Range 69 West of the 6' P.M., Described as follows:
Beginning at a point 30 feet west and 453 feet north of the Southeast comer of the
Northeast 1 /4 of the Southwest 1/4 of said section 24; thence west 150.0 feet; thence North 75.0 feet,
thence east 150.0 feet, thence south 75.0 feet to the point of beginning; except that
part, if any, lying within Karen Subdivision, and except the East 10 feet thereof by
deed to the County of Jefferson, State of Colorado for road purposes only,
County of Jefferson, State of Colorado
E
e
also known by street and number as 4243 Harlan Street, Wheatridge, CO 80033
TO HAVE AND TO HOLD the same together with all appurtenances, I. trost nevertheless, that in case ofdefault in the payment ofsaid note or
any pan thereofor interest thereon. or in the performance ofany covenants hereinafter set forth, then upon the beneficiary(note holder) filing notice
ofeleclion and demand for sale, said Public Trustee, after advertising notice of said sale weekly, for not less than four weeks, in some newspaper
of general circulation in said county. shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,
at public auction for cash, at any proper place designated in the notice ofsale. Out ofthe proceeds ofsaid sale said Trostee shall retain or pay first
all fees. charges and costs and all moneys advanced for taxes insurance and assessments, or on any prior encumbrance. with interest thereon, and
pay the principal and interest due on said note, rendering the overplus (ifany) unto the grantor; and after the expiration ofthe time ofredemption.
said'Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof
al such sale.
The gra.46 covenants that at the time ofdelivery ofthese presents he is seized of said property in fee simple, and that said property is free of
cncumb micev xcepl None
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire and extended coverage
in an amount equal to the unpaid balance ofsaid note with loss payable to the beneficiary, will deliver a copy ofthe policy to the beneficiary and
will pay all taxes and assessments against said property and amounts due on prior encumbrances. It'gmntor shall fail to pay insurance premiums,
taxes or amounts due on prior encumbrance, the beneficiary nay pay the same and all amounts shall become additional indebtedness due hereunder;
and in case of foreclosure. he will pay a reasonable attorney's fees.
Should the beneficiary hereunder be made a pan to any action affecting this deed oftrost orthe title to said property, the grantor agrees that all coup
costs and.reas...ble attorney's fec paid by the beneficiary shall become additional indebtedness due hereunder; and the gmntordoes hereby release
and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case ofdefault in payment of mid principal or interest or a breach ofany of the covenants herein, then said principal sum
hereby secured and interest thereon may at the option ofthe beneficiary become due and payable at once, anything in said note to the contrary
notwithstanding and possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such possession the
beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of competentjurisdiction.
Upon the transfor or conveyance oftitle or any portion thereof, legal or equitable, ofthe property, all sums secured by this Deed of Trust shall
become immediately due and payable.
Whenever used herein the singular number shall include the plural. the plural the singular, and the use ofany gender shall be applicable to all
gender. All ofthe covenants herein shall be binding upon the respective heirs, personal representatives, successors and assigns ofthe parties hereto.
Greg . , l' C Estat`y\,dtSfeg K, St cc
By, 1[7.f By: Y ✓
Paul Robert Sucgcr. Manager Paul Robert Stieger. Personal Representative
STATE OF COLORADO )
COUNTY OF 1 l ~TY~(1 )
LI.C.
instmmentw•asacknowledged before me this Isiday
presentptive ofthe Estate ofGreg K. Stieger. I
2009 by Paul Robert Stieger. Manager of Greg K. Stieger,
rva
hand and official
SteW~rt
title of Colorado
O&E REPORT
Attn: Ray Rosado
Company: FULLER REAL ESTATE
Phone: Fax:
Order Number: 1040332 Date Ordered: 8-4-2009
Property Information
Owner: Greg K. Stieger Lie
Address: 4243 Harlan St Wheat Ridge, CO 80033
County: Jefferson
Parcel Number: 026035
Legal Description
Please see legal description on vesting deed. County of Jefferson. State of Colorado.
Ownership
Doc Type
Grantor
Grantee
Date
Reference #
Quit Claim Deed
Greg K Stieger
Greg K. Stieger Lie
2-9-1998
552888-1998
Warranty Deed
Mckinstry Charitable
Remainder Unitrust
Gregory K. Stieger
8-7-1997
457077-1997
Deed of Trust/Mortgages
Item
Payable to
Amount
Date
Reference # -
Lis Pendens
STEIGER,MICHELLE
11-12-2008
103819-2008
Release of Lis Pendens
5-4-2009
40048-2009
Deed of Trust
Stieger Michelle Lynne
$ 91,000.00
5-4-2009
40049-2009
Other Documents Requested
Item Payable to Amount Date Reference #
Prepared By: Kara Kenfield
Phone: 303.331.0333
Date: 814/2009
The liability of Stewart Title of Colorado, Inc. for any errors or omissions in the information provided is limited to the amount paid for this report.
Maximum liability is further limited to our customer. There is no expressed or implied warranties that this report is reliable for title information and,
therefore should be verified by a Commitment for Title Insurance.
No representation is made to the completeness, validity, or the legal sufficiency of such documents, nor have any of such documents been examined to
determine whether or not there are any Exceptions, Reservations, Encumbrances or other matters which might be detrimental to Title.
No search has been made for any prior Restrictions, Covenants, Easements, Rights of Way, if any, recorded prior to the commencement of this search.
Schedule Number: 026035
Owner Name: GREGORY K STIEGER LLC
Property Address: 04243 HARLAN ST
Property Tax Amount For Last Year: $4,654.42
CURRENT PAYABLE TAX INFORMATION
Tax District: 3139 Tax Mill Levy: 80.001
Full Amount
Half Amount
Pay Taxes Now
Due Date: 4/30
2/28 & 6115
Zero Balance Due: No Payment Required
Original Bill: $4,664.86
$0.00
Abatement: $0.00
$0.00
Amount Paid: $4,664.86
$0.00
General Due: $0.00
$0.00
Gen Delinq: $0.00
$0.00
Sid Billed: $0.00
$0.00
Sid Paid: $0.00
$0.00
Sid Delinq: $0.00
$0.00
Balance Due: $0.00
$0.00
Payinent Dates Terms
PAYMENT INFORMATION
Payment Type
Amount Date Payor Receipt Number
Delinquent Interest (General Taxes)
$46.65 05/26/2009 052609040011
Real Property
$4,664.86 05/26/2009 052609040011
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 24th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
DAIJQb MOS14 F
Applicant KE 2d2 FOt2-y:--mAk d Address!-) 9&7 STUA Lr ST
CiTy C5 a-0 1J C42- State C-0 Zip ' O J- l2
Owner U tLC L. 7tZ ( Sl-t ~(h [ Q Address 1 99 5 E F. l2 3 2° A+ V e .
City 13fLIG 4T-0 a.l State GO Zip s; 0(90-9
Contact PC- T-CaZL. C W G2S Address 1120 wAS4,r1Gro~t AV E. Phone 303-2 •0 097
City Got-oe-cwt State Co Zip f5c4ol Fax
(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): 'q 2
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
O Change of zone or zone conditions ❑ Special Use Permit
O Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
O Flood Plain Special Exception O Subdivision: Major (More than 5 lots)
O Lot Line Adjustment ❑ Right of Way Vacation
O Planned Building Group O Temporary Use, Building, Sign
O Site Development Plan approval W ariance/Waiver (from Section 2(a - S f7
O Other: StDt3 sC-~3Ac t~.`
Detailed description of
S
2.-
Required information:
Assessors Parcel Number: :9 - Q q 3 . do-o d 2 Size of Lot (acres or square footage):
Current Zoning: 0- C Proposed Zoning: r2-C,
Current Use: O r F1CGe- Proposed Use: V f=Tr 2r t l[ t2Y Ca t
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 i~wt ers
must submit power-of- • ey from the owner which approved of this action on his behalf.
Signature of Applicant
Subscribed and sworn to me this day of,viyJq~ ::Oa 9
Notary Public Y/ Chi /'0- 0//1A_rL
My commission expires ~I rJ/d b
To be filled out by staff:
Date received 0 -x/0 /
Comp Plan Desig.
Related Case No.
o
Fee $,20 ~pReceipt No. _
Zoning -y _
Pre-App Mtg. Date
Case No.IX),4- C~9-0 7
Quarter Section Map~t LL
Case Manager M'e 7t z
City
Wheat LAND USE APPLICATION FORM
1i43ge
COMM47N5N I?~E60PM ENT
Case .No WA0907 Data Received -8/24/2009 Belated Lases Case Planner Tietz
Case Description
side yard setback variance
A p p /i s a v K 1l/lO f w d' l/ P ll
Name : David_Bush _ Name Kerry Foreman _ J Phone J(303)458-7628
~
-
.
Address 49675tuart St. City 'Denver State CO Zip :80212-
9nvra IAAWMahw
Name Gregory 5tieger Name Phone j!.
Addiess 15995E.123rd Ave City ;Brighton State CO Zip 80603-
CoiNacf 1afirzr~
Name PeterEwers Name phone 1(3031271-0977
Address 1420Washington Ave. Gty Golden State Q''. Zip 80401- J
f3ojecfJrdennahvn
Address 4243 Street Harlan Street City Wheat Ridge State:.
CO , zip 80033 3
,
J
Location Descri Plion Project Name
Parcel No. 39-24300002 Qtr Section: SW24 Distrct No.: II .i
Resyi sw
Pre-App Date 77/3012009 Neighborhood Meeting Date App No: APP0917-KI,
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Case Disposition Fm' :Dispos@ion Date 1
Conditions of Approval
- Notes
88/25/89 CITY 4.35 PM edbb
Lakeside Partners
FMSD
I2ONINGCAPPLICATION F
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208.00
PAYMENT RECEIVED
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DEVELOPMENT
PRE-APPLICATION MEETING SUMMARY
Meeting Date: July 30, 2009
Attending Applicant(s): Kerry Foreman
Peter Ewers
Ewers Architecture
1420 Washington Avenue
Golden, CO 80401
Attending Staff: Meredith Reckert - Senior Planner
Adam Tietz - Planner
Dave Brossman - Development Review Engineer
Mark Westberg - Special Projects Engineer
Ryan Stachelski - Economic Development Specialist
Address/Specific Site Location: 4243 Harlan Street
Wheat Ridge, CO 80033
Existing Zoning: RC, Restricted Commercial
Existing Comp. Plan: NR, Neighborhood Serving Retail
Applicant/Owner Preliminary Proposal: The applicant is looking to converting the property at
the address indicated above into a veterinary clinic. The building is a wood frame structure with a
brick exterior with 2,274 square feet on the main floor and 1,318 square feet in the basement. The
structure on the site was originally constructed as a single family home and was converted to a
business at some point.
In converting the structure to a veterinary clinic two portions of the existing structure will be
removed with two new additions added in order to accommodate the business. One addition will
be approximately 770 square feet and will be constructed on the rear of the existing building that
will house kennels and a surgery room. The second addition will be approximately 750 square feet
but will be constructed as a second story on top of the southern portion of the existing building.
Existing property conditions:
The property is located to the south of W. 44 h Ave along Harlan St. This area has mix of different
zone districts and land uses as it is a transitional area between the two commercial corridors of W.
44"' Ave and W. 38"' Ave. The property itself is zoned R-C which was established to
accommodate office space and to provide for a limited range of retail uses which are neighborhood
oriented. The properties to the north are also zoned R-C but transition to C-1 as W. 40 Ave is in
relative proximity. The properties to the west and east are zoned and used residentially and there
is a mix of single family, two family, and multi family dwelling structures. The properties to the
south are zoned C-1 and used primarily as office. The area further to the south then transitions into
residential uses before returning to commercial uses the closer it gets to W. 38`h Ave.
There is parking on the site both in the front and rear of the property. The front parking area is
paved which extends into the city owned right-of-way. This area provides for eight parking
spaces, two of which are within the right-of-way. The parking in the rear is also paved and
provides for an additional 5-6 parking spaces. The rear parking area is accessed by a 10 foot wide
drive that runs along the north side of the structure.
Will a neighborhood meeting need to be held prior to application submittal?
A neighborhood meeting will not be required to in order to be able to convert the existing structure
into a veterinary clinic.
Planning comments:
As a result of the existing structure being converted into a veterinary clinic, if the building is not
up to building code standards it must be updated to provide commercial standards for handicap
accessibility. This will included the widening of hallways and doors to accommodate persons in a
wheel chair. The bathroom will also need to be of adequate size so that a person in a wheelchair
can adequately move in it. If the public will have access to different levels of the office, the proper
ramps or elevators will need to be installed so that people with disabilities can access those areas
as well. In addition to the interior modifications, at least one stall is required to be reserved for
handicap parking and it must have direct access to the public entrance.
Parking will be required to be provided for other the rest of the building area as well. Veterinary
offices have the parking ratio of 1 parking space for every 200 square feet of floor area that the
public will have access to. The Community Development Department has the ability to reduce the
parking up to a maximum of 10% of the required parking as areas such as closets, bathrooms,
hallways, and other common areas are not calculated in the square footage. It appears from the
plans that have been provided that the parking will be able to be provided on site. If parking cannot
be accommodated on site, a parking agreement can be made with surrounding property owners to
allow for off-site parking. If this is necessary a parking agreement can usually be created by a
lawyer who specializes in real estate and it must be recorded with the Jefferson County Clerk and
Recorder. One space for handicap parking will be required. All parking spaces and any drive
aisles must be of a hard surface such as concrete, asphalt, brick pavers, or other hard material.
Recycled road base, gravel, or other loose materials are not allowed.
The drive aisle to the parking in the rear is of substandard width and does create issues with
accessing the parking and dumpster enclosure. The applicant should talk with the property owner
to the north about developing a cross access easement onto their property in order to allow for a
wider drive aisle to the rear. This would also allow the property owner to the north to use the drive
aisle if they were to put parking for their business in the rear of their building. If a cross access
easement is developed it must also be recorded at the Jefferson County Clerk and Recorder.
The site plan revisions dated July 30, 2009 that were re-submitted after the pre-application meeting
is the preferred site plan as it does move all parking spaces out of the city right-of-way and
provides a landscaped tree lawn between the parking lot and the street.
The regulation for commercial landscaping requires 20% of the lot area to be covered with
landscaping. A combination of living plants, such as trees, shrubs, vines, groundcover, flowers,
sod or grass; and may include natural features, such as rock, stone and bark. The use of non-living
material such as bark, rock or ornamental objects may not exceed thirty-five (35) percent of the
landscaped area. Uncontrolled weeds may not be considered as landscaping; however, maintained
natural grasses and natural flowers may be considered as landscaping.
The original plans show an area for a dog run on the south side of the building. The R-C zone
district does not allow outdoor dog runs in conjunction with a veterinary clinic. The revised plans
dated July 30, 2009 show the area as "potty area". It should be noted that although this area may
be used in this manner it does not constitute approval of or give the applicant the ability to use the
area as a dog run at any time.
The R-C zone district has side setbacks of 5 feet per story. It appears from the plans that have
been submitted, the portion of the building that will have the new second story addition will only
be 9 feet from the southern property line when a 10 foot setback would be required for the second
story. A variance will need to be processed and approved in order to allow for the building to be
constructed as proposed. Since the variance request is for less than 50% of the required setback, it
would begin as an administrative variance with no public hearings required (a public hearing is
still possible). This process usually takes 1.5 to 2 months. A packet of information regarding a
variance is included with the pre-application meeting minutes.
The fagade changes being proposed for the structure will need to be in compliance with the
Architectural and Site Design Manual (ASDM). Staff feels the overall design of the fagade and
sign improvements do meet the intent of the ASDM.
There are grants available in order to help with the cost of renovating and upgrading the exterior of
the existing building and the new addition. These grants are available to help structures, both new
and those undergoing renovation, be designed with architectural quality and to help them meet the
requirements of the ASDM. The funds that are available are through Wheat Ridge 2020 (a local,
non-profit redevelopment company). The program offers up to $14,500 in matching grants and the
funds must be applied for before any work begins. Wheat Ridge 2020 will match dollar for dollar
up to the set maximum dollar amount for the type of work listed below. They will match up to
$2,000 for the design work, $3,000 for sign improvements, $6,000 for fagade improvements,
$3,000 for awnings and other miscellaneous items, and $500 in paint. For further information on
these programs, please contact Ryan Stachelski at the number below.
The Process:
The applicant may submit their application for a variance at any time. Upon submittal, the
assigned staff will review the application for completeness. If the application is determined to be
complete the applicant will be required to post a sign on the property for ten days informing
citizens of the action being proposed. Informational letters noticing adjacent property owners of
the proposed variance are also sent out in addition to the sign being posted on the property. If
legitimate objections or concerns are raised that pertain to the variance request are received in the
ten day posting period a public hearing will be set to be heard before the Board of Adjustments.
Normally, if no legitimate objections are received regarding the action on the property, the
variance could be approved administratively.
If a hearing is required before the Board of Adjustments the case planner will write a staff report
and present evidence to support their recommendation of approval, approval with conditions, or
denial. The public will also be allowed to give testimony in support of or against the request for
the variance. The Board of Adjustments will make the final decision on the request by making a
motion for approval, approval with conditions, or denial.
There is no other formal land use process other than the variance that is required in order to
renovate and add on to the existing structure. One building permit is all that is needed for any
interior modifications, the new additions, parking, and landscaping. Please keep in mind, the
existing structure can not be used for the business until a Certificate of Occupancy has been issued
by the Building Division.
If a sign is desired, the sign permit must be applied for separately and cannot be done until the
Certificate of Occupancy has been received.
Public Works comments:
Public Works will make comments will be made upon application submittal.
Building comments:
The Building Department was not present at the meeting. Comments will be made upon
application submittal.
Architectural and Site Design Manual comments:
The ASDM is a document that guides the design of buildings, the site, and other project elements.
Detailed architectural elevations will be required upon submittal of a building permit. The
elevations will be reviewed and must be approved prior to any construction. Any changes to the
elevations during the construction process must also be approved.
Approval of any elevations prior to building permit does not constitute final approval. Changes or
other modifications may be required upon a more thorough review of the plans that will be
conducted by the Design Review Committee and the case manager who is assigned to the project.
Attachments: Pre application Transmittal Sheet, Variance Packet
Phone Numbers
Meredith Reckert - Senior Planner
303-235-2848
Adam Tietz - Planner
303-235-2845
Dave Brossman - Development Review Engineer
303-235-2864
Mark Westberg - Special Projects Engineer
303-235-2863
Steve Nguyen - Traffic Engineer
303-235-2862
Ryan Stachelski - Economic Development Specialist
303-235-2806
4
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July 15, 2009
Meredith Reckert
Wheat Ridge Community Development
7500 West 29"' Avenue
Wheat Ridge, CO 80033
Ms. Reckert:
1420 Washington Avenue
G o l d e n
C o l o r a d o
8 0 4 0 1
voice 303.271.0977
f a x 303.271.0997
MTTEN~ h
I am working with Kerry Foreman and David Bush to convert the properly at 4243 Harlan
Street into a veterinary clinic. We are looking forward to meeting with you and your
team to discuss the project at a pre-application meeting at 3pm on July 30. This letter
describes the project as we have currently envisioned.
The existing building is a 2,274 sf one-story structure plus a 1,318 sf basement. The
building has previously been used for a non-profit counseling service and a dentist
office. The property is zoned RC (Restricted Commercial) which allows veterinary clinics
(without exterior kennels). Per the 2003 International Building Code defines veterinary
clinics as B occupancies, so this project is not a change of use under the building
code.
The structure on this site was originally built as a residence and was converted to a
business use at some point in the past. I have spoken with the building department
and confirmed that this change of use was completed properly and the property is
now registered as a business with the city. The building is a wood frame structure with
brick exterior and poured concrete basement walls with spread footing foundations.
Site design
The existing site is 75 feet wide (frontage on Harlan Street) by 140 feet deep. Originally
the site was 150 feet deep, but the east 10 feet of the site has previously been deeded
to the city (or the county). There is a little confusion on this issue and we would like
confirmation from the city to determine who is the actual owner of the eastern 10 feet
of property, and that this lot is definitely only 140 feet deep, not 150 feet. Please see
the attached survey which shows a note "excepted to city" on the drawing, and
"deeded to county" on the legal description. Any light you can shed on this issue will
be appreciated.
The existing asphalt parking lot in front of the building uses all of the space between the
building and the sidewalk for parking (including the 10 feet which are apparently not a
portion of this property). This project would like to continue use of a portion of that
missing 10 feet for parking (which would match the parking lot for the commercial
buildings to the south and to the north), with the understanding that the parking would
be reconfigured in the future if that 10 foot area were required for a road widening,
Since Harlan Street was recently redeveloped it seems unlikely that this 10 feet would
be used by the city in the near future.
The new parking lot design is shown with two options. The main drawing shows the fool-
proof scenario with 8 parking stalls in front of the building, but could be reduced to 6
parking stalls if the eastern 10 feet is required for redevelopment by the city. The
second sketched option shown on the top of the site plan page (drawings sheet A.1)
shows the preferred option. This option is preferred because it requires less
modification to the existing site, and does not remove the existing street tree planted
by the city. We would like to discuss these two options at the pre-application meeting.
Please see the parking calculations on Sheet A.2 (upper left corner). These calculations
show that 11 parking stalls are required, and the current site plan shows a total of 14
stalls (which would be only 12 stalls if the two stall in the 10 feet adjacent to Harlan
Street are removed). Please confirm that we have calculated correctly,
Building Form
This project will remove two major portions of the existing building that have been
added using sub-par construction methods. The front entry area and the rear addition
will both be removed (364 square feet of the existing building). There will also be two
additions to the existing building:
1. On the main floor, an addition to the rear of the building will house the dog kennels
and the surgery room. This addition is one-story only and will be approximately 768
square feet.
2. The southern portion of the existing building will have a new second floor addition of
approximately 750 square feet. This will help the aesthetics of the building to give
some height variation, as well as capture some of the view potential of this site.
Please see the area calculations on sheet A.2 (upper left corner) for the existing and
proposed sizes of the project.
Building Code Analysis
Though a complete code analysis has not yet been completed, an initial review of the
building code raises the following issues. Our understanding of the code is:
1. Neither a fire sprinkler system nor a fire alarm system is required. Please confirm.
2. Only one toilet is required. Per IBC 2902.2 exception 2 only one toilet is required
where there are less than 15 employees. The toilet is for the use of the employees
only, and this facility will accommodate up to 8 employees (it is anticipated that 4
employees will initially operate this business, with a maximum growth potential to 8
employees). Please confirm that a second toilet is not required by the City of
Wheat Ridge. Note that there is an existing toilet on the lower floor that the owner
would like to leave, plus a new toilet on the upper floor, but these toilets are not
handicap accessible and therefore would not count toward the required number
of toilet facilities.
3. Handicap accessibility is not required for the upper and lower floors. The total area
for these two floors is 2,068 sf. Per IBC 1104.4 exception 1 these floors would only
be required to be accessible if they contained an aggregate area of greater than
3000 square feet.
Building Design and Finishes
The exterior of the building is designed to heighten the architectural excitement of the
building as well as provide a maintenance-free structure.
The existing brick exterior finish will remain on all existing walls. New walls (the addition
to the rear, plus the second floor addition) will be stucco finish in a light earth tone
color. All roofing will be new architectural grade asphalt shingle roof in a medium
earth tone. Soffit and fascia material will be prefinished metal to complete the
maintenance-free exterior.
The exterior design will also include landscaping. All landscaped areas shown on the
site plan will be planned by a licensed landscape architect and will emphasis native
and low-water consumption plantings. An irrigation system will be installed, but it is
anticipated that this system will be used infrequently, and will primarily consist of drip
irrigation which utilizes less water. No sod is planned.
Active solar panels (both hot water and photovoltaic) will be placed on the south
facing roofs.
Signage and Site Lighting
Exterior lighting will consist only of downlights in the soffit at the entrance and building-
mounted cut-off type light fixtures to provide a low level of lighting for the parking area.
All fixtures will be dark skies compliant.
Signage will consist of building-mounted sign (see east elevation) and a single internally
lit pedestal sign in a landscape area near the street.
Architectural and Site Design Manual
Per the ASDM this site is in a Traditional Overlay Area. Since this is a renovation and not
new construction, it is not possible to build within 12 feet of the sidewalk, but we believe
that the addition of the second floor and other upgrades will help meet some of the
intent of this overlay district.
This project meets the Commercial/Industrial Design Principles:
The project is much more pedestrian friendly than the previous project. Because of
the required parking it is not possible to provide a dedicated pedestrian walk area
between the building and the street, but the small scale of the parking lot still
provides safe travel for pedestrians.
2. The addition of the second floor provides significant design interest, and the
introduction of stucco to contrast with the brick will also enliven this facade.
3. This principle is not applicable because there is only one structure.
4. All of the exterior facades are unique and the entrances are announced in an
architecturally pleasing manner.
& The parking lots have been redesigned so they are safe and convenient.
6, The building and site design have been carefully integrated and contain many
areas of visual interest,
Schedule
At this time we anticipate submitting for a building permit at the beginning of
September and beginning construction at the beginning of November. Construction
should take six to eight months, with the business open in the spring/summer of 2010.
We look forward to our meeting on July 30. Please feel free to contact us anytime with
questions about this project, Please contact:
Owners:
David Bush & Kerry Foreman
Lakeside Partners LLC
4967 Stuart Street
Denver, CO 80212
303.458.7628
303,572.4701
bush@mgjlaw.com
davidbbush@comcasf.net
Architect:
Peter J. Ewers, AIA, LEED AP
Ewers Architecture pc
1420 Washington Avenue
Golden, CO 80401
303.271.0977
pefer@ewersorchitecture.com
Sincerely,
Peter J, Ewers, AIA, LEED AP
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