HomeMy WebLinkAboutWA-09-09
City of
Wheat~dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
October 1, 2009
Kevin C. Larson
Swiss Valley, LLC
P.O. Box 715
Indian Hills, CO 80454
Dear Mr. Larson:
7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
RE: Case Nos. WA-09-09 & WF-09-08
Please be advised that at its meeting of September 24, 2009, the Board of Adjustment
APPROVED your request for a variance to Section 26-412.D.2 of the Subdivision Regulations to
allow a new two-family residence at 6701 West 48th Avenue to have domestic water service from
a well for the following reasons:
1. An existing home on the property occurred up until a fire in 2008.
2. The well is 400 feet plus or minus deep so is not infiltration well.
3. The well has a state permit and has been tested for potability monthly for a significant
time.
4. No other development of additional properties is likely due to the topography.
5. The economic feasibility of extending the domestic water to the property would preclude
reasonable development.
6. The variance was recommended for approval by staff.
With the following conditions
1. Prior to issuance of a building permit for the new residence, evidence of water potability
must be provided and reviewed by the City.
2. Prior to issuance of a Certificate of Occupancy for the structure, a consolidation plat must
be recorded with Jefferson County Clerk and Recorder's Office.
3. A legal document must be created assuring access rights to the water from the well to the
residential property prior to issuance of the Certificate of Occupancy.
The Board of Adjustment also APPROVED your request for a Class II special exception permit to
allow construction of a two-family residence in the 100-year flood plain on property zoned R-2
and located at 6701 West 48th Avenue for the following reasons:
1. The proposed construction will not result in raising the flood water height in the area.
2. The damage due to floods will be minimized.
3. The utilities will be installed in a manner that will be protected from flood damage.
www. ci.wheatridge.co. us
Kevin C. Larson
Page 2
October 1, 2009
4. The flood plain administrator has reviewed and supports the findings of the flood plain
analysis.
5. There were no objections to the proposed development.
6. A home existed previously and was destroyed by fire.
With the following conditions:
1. Building plans and a site plan must be prepared for the proposed new building. The plans
must be reviewed to insure compliance with the Flood plain Control ordinance.
2. The lowest building floor elevation must be at or above 5,301.50 feet.
3. A Wheat Ridge Fill Permit must be obtained prior to commencement of work.
4. As fill is proposed in a portion of the flood plain within the City of Arvada, a Flood Plain
Permit must be obtained from the City of Arvada, if applicable.
5. Water and sanitary sewer services must be identified and not subject to flooding.
6. The domestic water well shown adjacent to the proposed new building must be
waterproofed in a manner acceptable to the City.
7. A registered professional engineer shall certify that the building foundation construction
forms are set at elevations in conformance with the building plans.
8. A registered professional engineer shall certify that the lowest building floor elevation is at
or above 5,301.50 feet as soon as possible following construction of the lowest building
floor. This is to occur prior to assurance of a Certificate of Occupancy.
9. The elevation must be verified by an elevation survey after the foundation has been
poured, prior to other construction commencing.
10. A lot consolidation plat must be approved prior to issuance of a Certificate of Occupancy.
Enclosed are copies of the Certificates of Resolution, as well as a draft copy of the minutes,
stating the Board's decision which became effective the date of the meeting, September 24, 2009.
This variance shall automatically expire within one hundred eighty (180) days of the date it was
granted, March 23, 2010, unless a building permit has been obtained.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
;OAIX~Jclel ~
Kathy Field
Administrative Assistant
Enclosures: Certificates of Resolution
Draft of Minutes
cc: WA-09-09 & WF-09-08 (case files)
Building File
WA0909&WF0908.doc
CERTIFICATE OF RESOLUTION O D
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 24th day of September, 2009.
CASE NO: WA-09-09
APPLICANT'S NAME: Swiss Valley, LLC
LOCATION OF REQUEST: 6701 West 481h Avenue
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-09-09 is an appeal to the Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and in recognition
that there were no protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment application Case No. WA-09-09 be, and
hereby is APPROVED.
TYPE OF VARIANCE: A variance to Section 26-412.D.2 of the Subdivision Regulations to
allow a new two-family residence at 6701 West 48`h Avenue to have domestic water service from
a well.
FOR THE FOLLOWING REASONS:
1. An existing home on the property occurred up until a fire in 2008.
2. The well is 400 feet plus or minus deep so is not infiltration well.
3. The well has a state permit and has been tested for potability monthly for a significant time.
4. No other development of additional properties is likely due to the topography.
5. The economic feasibility of extending the domestic water to the property would preclude
reasonable development.
6. The variance was recommended for approval by staff.
Board of Adjustment
Resolution WA-09-09
Page 2 of 2
WITH THE FOLLOWING CONDITIONS:
1. Prior to issuance of a building permit for the new residence, evidence of water potability
must be provided and reviewed by the City.
2. Prior to issuance of a Certificate of Occupancy for the structure, a consolidation plat must be
recorded with Jefferson County Clerk and Recorder's Office.
3. A legal document must be created assuring access rights to the water from the well to the
residential property prior to issuance of the Certificate of Occupancy.
VOTE: YES: ABBOTT, BELL, BLAIR, BUCKNAM, FISHER, HOVLAND,
LINKER, PAGE
NO: None
DISPOSITION: A variance to Section 26-412.D.2 of the Subdivision Regulations to allow a
new two-family residence at 6701 West 48th Avenue to have domestic water service from a well
was APPROVED.
ADOPTED and made effective this 24th day of September, 2009.
Alan Bucknam, Chair
Board of Adjustment
,,2
rte:.,
Ann Lazzeri, Secretary
Board of Adjustment
CERTIFICATE OF RESOLUTION (C (0 PE)
t
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 24th day of September, 2009.2009.
CASE NO: WF-09-08
APPLICANT'S NAME: Swiss Valley, LLC
LOCATION OF REQUEST: 6701 West 48`h Avenue
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WF-09-08 is an appeal to the Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and in recognition
that there were no protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment application Case No. WF-09-08 be, and
hereby is APPROVED.
TYPE OF VARIANCE: A request for approval of a Class II special exception permit to allow
construction of a two-family residence in the 100-year flood plain on property zoned R-2.
FOR THE FOLLOWING REASONS:
1. The proposed construction will not result in raising the flood water height in the area.
2. The damage due to floods will be minimized.
3. The utilities will be installed in a manner that will be protected from flood damage.
4. The flood plain administrator has reviewed and supports the findings of the flood plain
analysis.
5. There were no objections to the proposed development.
6. A home existed previously and was destroyed by fire.
WITH THE FOLLOWING CONDITIONS:
1. Building plans and a site plan must be prepared for the proposed new building. The plans
must be reviewed to insure compliance with the Flood plain Control ordinance.
2. The lowest building floor elevation must beat or above 5,301.50 feet.
Board of Adjustment
Resolution WF-09-08
Page 2 of 2
3. A Wheat Ridge Fill Permit must be obtained prior to commencement of work.
4. As fill is proposed in a portion of the flood plain within the City of Arvada, a Flood Plain
Permit must be obtained from the City of Arvada, if applicable.
5. Water and sanitary sewer services must be identified and not subject to flooding.
6. The domestic water well shown adjacent to the proposed new building must be waterproofed
in a manner acceptable to the City.
7. A registered professional engineer shall certify that the building foundation construction
forms are set at elevations in conformance with the building plans.
8. A registered professional engineer shall certify that the lowest building floor elevation is at or
above 5,301.50 feet as soon as possible following construction of the lowest building floor.
This is to occur prior to assurance of a Certificate of Occupancy.
9. The elevation must be verified by an elevation survey after the foundation has been poured,
prior to other construction commencing.
10. A lot consolidation plat must be approved prior to issuance of a Certificate of Occupancy.
VOTE: YES: ABBOTT, BELL, BLAIR, BUCKNAM, FISHER, HOVLAND,
LINKER
NO: PAGE
DISPOSITION: A request for approval of a Class II special exception permit to allow
construction of a two-family residence in the 100-year flood plain on property zoned R-2 was
APPROVED.
ADOPTED and made effective this 24th day of September, 2009.
LPG,.,. ~C~--
Alan Bucknam, Chair
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
City of
WheatRidge
BOARD OF ADJUSTMENT
Minutes of Meeting
September 24, 2009
1.
CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board
by Chair Bucknam at 7:00 p.m. in the City Cou
Building, 7500 West 291" Avenue, Wheat Rdg
was called to order
of the Municipal
2.
ROLL CALL
Tom Abb.
Janet Bell
Bob Blair
Board Members Present:
Jo Page
3.
4.
Staff Members Present A(fifim Tietz, Planner I
Mark Westberg, Flood Plain Administrator
Ann Lazzeri, Secretary
time for anyone to speak on any subject not
Bob How ad fir
Mr. Howardquestioned why the Planning Commission heard a variance regarding
signage at Exfrpla Lutheran. He believed this should have been a matter for the
Board of Adjustment to consider. Mr. Tietz explained that this case was not a
variance from city code, rather it was a request for a change to the Planned
Hospital District which was initially approved by Planning Commission.
PUBLIC HEARING
A. Case No. WA-09-09: An application filed by Swiss Valley, LLC, for
approval of a variance to Section 26-412.D.2 of the Subdivision
Regulations to allow a new two-family residence at 6701 West 48"
Avenue to have domestic water service from a well.
Board of Adjustment Minutes 1 -
September 24, 2009
The case was presented by Adam Tietz. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation. Staff recommended approval
for reasons, and with conditions, set forth in the staff report.
Board Member BELL stated that she would like to make sure the well permit
reflects the current ownership.
Kevin Larsen
23924 Matterhorn Drive, Indian Hills
Mr. Larson, the applicant, was sworn by Chair. BUCKNAM 7He stated he has
used the well for the past twelve years. There have never been negative results
from monthly water testing. He stated that he would check on registration of the
well. The subject site is the only one m f11 area that is buildable dWAoe
topograpthical issues. There is also a lift s anon forf sewer system That ties in
with 48t Avenue.
In response to a question from BQard;Member HOV LAND, Mr. Larsen stated that
the original house was destroyed by df arson fire. To replace the income lost
from this house, he plans to build atwo-frruly rgsiden6e in its place.
In response to a question from Boardlylember BL;AIR, Mr. Tietz stated that no
negative coruTpms ha4heen received rom the public.
Board Member ABBOTT askeri if there, ould be a shared agreement for the well
water ~rsen staid that th& -ould be an agreement for both the well and
were no otM4ndivrcjs present who wished to address the Board. Chair
;NAM closetl~the public hearing.
Upon a6tion board Member ABBOTT and second by Board Member
BLAIR, th`ollowing resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment application Case No. WA-09-09 is an appeal
to the Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law and
in recognition that there were no protests registered against it; and
Board of Adjustment Minutes -2-
September 24, 2009
Whereas, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of
the regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment application Case No.
WA-09-09 be, and hereby is APPROVED.
Type of Variance: A variance to Section 26-412.D.2
Regulations to allow a new two-family residence at E
have domestic water service from a well.
For the following reasons:
1. An existing home on the property oc
2. The well is 400 feet plus or mmuylc
3. The well has a state permit and leas'
for a significant time.
4. No other development-of additional
topography.
5. The economic feasibility ofeXfendin
property would preclude reasonable
6. The variance. was recommcn-- for
With the
Subdivision
est 48th Avenue to
up until
not infil
ted for i
2008.
monthly
is likely due to the
the domestic water to the
by staff.
Prior to Dmanee ofia ¢yilding`permit for the new residence, evidence
ofw-ater pdMity muff Wovided and reviewed by the City.
Prior to ssua~ a Certificate of Occupancy for the structure, a
consolidation plat must be recorded with Jefferson County Clerk and
3. °~A legal doebment must be created assuring access rights to the water
from the weaI'to the residential property prior to issuance of the
cat, %&f Occupancy.
The motion -`cried 8-0.
B. Case No. WF-09-08: An application filed by Swiss Valley, LLC, for
approval of a Class II special exception permit to allow construction of a
two-family residence in the 100-year flood plain on property located at
6701 West 48 h Avenue.
The case was presented by Adam Tietz. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation. Staff recommended approval
for reasons, and with conditions, as set forth in the staff report.
Board of Adjustment Minutes -3-
September 24, 2009
In response to a question from Board Member PAGE, Mr. Westberg explained
that Urban Drainage created a new flood plain map in 2007 which now locates
this property in a flood plain. The City has adopted this new flood plain map as it
official document. However, the applicant will not be required to purchase flood
insurance until the new map is adopted by FEMA which will probably occur in
2011. The applicant will be required to obtain a flood plain permit in order to
build the duplex.
In response to a question from Board Member BELL, I?Q
that the lowest habitable floor must be one foot above the fl
fill in Arvada will be required to attain this level
In response to a question from Board Member FISHER, Mr
that the flood plain review is very extensive and detailed.
Kevin Larsen
23924 Matterhorn Drive, Indian Hills
Mr. Larson was sworn by Cha:
purchased the property, it was
eighteen months ago when the
There were
Upon a motion
the
to the
AM. He A
Lin a flood
berg explained
plain level. Some
explained
t when he first
He was notified about
who wished to address the Board. Chair
and second by Board Member
permission by an administrative officer;
justment application Case No. WF-09-08 is an appeal
decision of an administrative officer; and
Whereas, throperty has been posted the fifteen days required by law and
in recognition that there were no protests registered against it; and
Whereas, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of
the regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment application Case No.
WF-09-08 be, and hereby is APPROVED.
Board of Adjustment Minutes -4-
September 24, 2009
Type of Variance: Approval of a Class II special exception permit to allow
construction of a two-family residence in the 100-year flood plain on
property zoned R-2 and located at 6701 West 48Th Avenue.
For the following reasons:
1. The proposed construction will not result in raising the flood water
height in the area. _
2. The damage due to floods will be minimized.
3. The utilities will be installed in a manner thaf will be protected from
flood damage.
4. The flood plain administrator has reviewed and supports the findings
of the flood plain analysis.
5. There were no objections to the, roposed development _
6. A home existed previously and yvas destroyed by fire
With the following conditions: ~1. Building plans and a s plan must be pi epared,for the proposed new
building. The plans must be reviewed to insure~compliance with the
Flood plain Control ordinance
2. The lowest building floor elevation u 9fke at or above 5,301.50 feet.
3. A Wheat Ridge l±ill Permit must be obtained prior to commencement
of work. -
4. As finis proposed in a portion ofthe flood plain within the City of
Arvada, a FqodPlam'erm~t must be obtained from the City of
5 WaYe~anfl sa`nilk sewer services must be identified and not subject
to floodi6g~ ~
6 r The domesfihe watecwell shown adjacent to the proposed new building
must be waterproofed in a manner acceptable to the City.
7. 5 istered rofessional engineer shall certify that the building
datinrkcnnstruction forms are set at elevations in conformance
with 1 ilding plans.
8. A registered professional engineer shall certify that the lowest
building floor elevation is at or above 5,301.50 feet as soon as possible
following construction of the lowest building floor. This is to occur
prior to assurance of a Certificate of Occupancy.
9. The elevation must be verified by an elevation survey after the
foundation has been poured, prior to other construction commencing.
10. A lot consolidation plat must be approved prior to issuance of a
fi Certificate of Occupancy.
The motion carried 7-1 with Board Member PAGE voting no.
Board of Adjustment Minutes -5-
September 24, 2009
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment DATE: September 24, 2009
CASE MANAGER:
CASE NO. & NAME:
Meredith Reckert
WA-09-09/Swiss Valley
ACTION REQUESTED: Approval of a variance to Section 26-412.D.2. of
the Subdivision Regulations to allow domestic water service by a well on property zoned
Residential-Two (R-2) located at 6701 W. 48`h Avenue
LOCATION OF REQUEST:
APPLICANT/OWNER:
APPROXIMATE AREA:
6701 W. 48th Avenue
Kevin Larson for Swiss Valley, LLC
22,760 s.f.
PRESENT ZONING: Residential-Two (R-2)
PRESENT LAND USE: Vacant
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
Case No. WA-09-091Swiss valley i
All notification and posting requirements have been met; therefore, there is jurisdiction to
hear this case.
1. REQUEST
The applicant is requesting approval of a variance to Section 26-412.D.2. of the
Subdivision Regulations to allow domestic water service by a well on property zoned
Residential-Two (R-2) located at 6701 W. 48`h Avenue
The purpose of the variance is to allow construction of a two family residence without
public water service.
II. CASE ANALYSIS
Property description
The property owners own four parcels of land located between the ridge of W. 48th
Avenue and the right-of-way for I-70 and its southern front Ie road. Access to the
properties is from the southern I-70 frontage road via W. 48 Avenue. These properties
are addressed to W. 48`h Avenue due to the frontage road access off 48`h Avenue at
approximately Pierce Street extended. The eastern-most parcel is zoned C-1,
Commercial-One, and has on it an architectural design firm. Prior to the current owners
purchasing the property, it was a social hall known as the Swiss Society.
The remainder of the parcels are zoned R-2, Residential-Two, and are currently vacant
except for parking for the commercial business. The use of the residential property for
commercial parking is legally nonconforming and may remain regardless if a new
residential structure is built. (Exhibit 1 property survey)
Previously there had been a single family residence located on the R-2 property which
burned down in 2008. (Exhibit 2, aerial photo) The property owners would like to build a
duplex on the residentially zoned property at roughly the same location. Pursuant to the
Section 26-412.D.2. of the Subdivision Regulations, "all lots shall be served by public
water and sanitary sewer through the appropriate district". It is the intent of this
application to allow the new residential structure to have domestic water service from an
existing well on the property. The former house had domestic service from this well, as
does the commercial structure. A copy of the existing well permit was submitted to the
city as evidence.
The closest available water line is located in the right-of-way for West 48th Avenue on
the top of the bluff. In order to tap into the main line, almost 900' of line extension
would be required which would be cost prohibitive.
Surrounding properties to the east and south are single family dwellings zoned R-2. The
adjacent land use to the north is CDOT right-of-way with the frontage road which gives
Case No. WA-09-09/Swiss Valley
access to the property. I-70 is just beyond to the north of the frontage road. Land to the
west is the trailhead for the Clear Creek greenbelt and trail.
Sanitary sewer service using a "pump" system provides sanitation service to the
commercial structure and will also be utilized for the proposed residence.
Agency referral
An agency referral was given to the Wheat Ridge Water District. The district manager
indicated that the district has no problem with the use of wells as long as it is determined
that the water is potable. He suggested that if the variance is approved, a condition be
placed requiring potability testing prior to issuance of a building permit.
III. VARIANCE CRITERIA
Staff has the following criteria to evaluate variance requests and shall 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 applications compliance with
the variance criteria (Exhibit 3, applicant responses). 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, a new residential structure could not be constructed on
the property. While there are numerous residential structures serviced by wells in
the city, no new construction would be allowed without public water service
unless a variance is granted.
Staff finds this criterion has been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, it would not alter the character of the area. There was
a residence on the property before, and although the applicant is proposing a two-
family dwelling, the conditions will essentially be the same. Adjacent land uses
include a commercial structure to the east, the Clear Creek greenbelt trail and
parking area to the west and the back yards of the residential structures along W.
48`" Avenue. There is an approximate 50' grade change between the subject
property and the adjacent homes.
Staff finds this criterion has been met.
Case No. WA-09-091Swiss Valley
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 that would not
be possible without use of the well. It would be cost prohibitive to extend a water
line 900' for service to the property.
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.
The location of the property and the topography of the area have created a unique
hardship for the applicant.
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.
A person who has interest in the property has created the hardship by wanting to
rebuild the residential structure.
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.
Staff concludes that the request would not be detrimental to public welfare and
would not be injurious to neighboring property or improvements as long as the
well water is potable. The variance 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. The request will most likely not have an effect on
property values in the neighborhood.
Staff finds this criterion has been met.
Case No. WA-09-09/Swiss Valley 4
7. The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
There are numerous residential properties in the city that have domestic water
service from wells. While it would be possible to build additions to those
residences, no new structures would be allowed without public water availability
unless a variance is granted. To Staff's knowledge this is the first variance
requested for relief from this portion of the Subdivision Regulations.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single and two family are not required to meet building codes pertaining to the
accommodation of persons with disabilities.
Staff finds 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.
The Architectural and Site Design Manual does not apply to single and two
family dwellings.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the applicable review
criteria, staff recommends approval of the variance to Section 26-412.D.2. of the
Subdivision Regulations to allow domestic water service by a well on property zoned
Residential-Two (R-2) located at 6701 W. 48th Avenue. Staff has found there are unique
circumstances attributed to this request that warrant approval of the variance.
Therefore, staff recommends APPROVAL for the following reasons:
1. There are unique circumstances due to the property location and topography of
the area.
2. The variance will not alter the character of the neighborhood.
3. It would result in a substantial investment in the property.
3. The request would not be detrimental to public welfare as long as testing occurs to
verify potability.
With the following conditions:
Case No. WA-09-091Swiss valley
1. Prior to issuance of a building permit for the new residence, evidence of water
potability be provided and reviewed by the City.
2. Prior to issuance of C.O. for the structure, a consolidation plat be recorded with
Jefferson County Clerk and RecorOder's Office.
Case No. WA-09-09/Swiss Valley
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Case No. H/A-09-09/Swiss Valley
Swiss Property Well Variance Submittal
The subject property is remotely located adjacent to the 1-70 Highway. The current
parcel has both C-1 Zoning for the commercial business and R-2 Zoning for the
residential use. The original property had a single family home located basically in the
same location that the proposed new structure would be located. The entire property
has been served by an existing well for over 20 years. The information available on the
well from the County has been provided to the City for review.
Addressing Item #4 Criteria for review we would submit the following;
4a. The nearest water line connection to the site is located over 900' way from the
property. The cost for installing this line would be equal to the total proposed
improvements that have been planned for the property. Basically without the use of the
well for the property no new improvements would occur on the site.
4b. By allowing this variance there is be no impact on the "essential character of the
locality".
4c. The proposed duplex structure would be a substantial investment in the property,
without the variance the development will not occur.
4d. The subject property is uniquely located in the city of Wheat Ridge. The site sits
over 50' below 48'h Ave to the South. The grades on the South side of the property will
not allow connecting into the water main located in 48"' Ave. without extending the
water line up the service road to the East. The distance to the waterline connection is
over 900' away. This is not an inconvenience; it is a financial barrier which would stop
any future development on the site.
4e. The difficulty associated with domestic water to the site has always been an
issue with the site, from its early development in the 1970's. The current commercial
office building utilizes the local well for water.
4f. Granting this variance would have no temporary or permanent impact on
adjacent properties. The well is located on the property and would not be modified.
49. Any additional development that would occur near this property would have the
same issues with domestic water in that the tie to the existing city water lines would be
cost prohibitive.
4h. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
4i. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual
*Ed`
City of
Wheatjdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
(as required pursuant to Code Section 26-109.13)
September 10, 2009
Dear Property Owner:
This is to inform you of Case No. WA-09-09 which is a request for approval of a variance to
Section 26-412.D.2 of the Subdivision Regulations to allow use of a well for water service AND
Case No. WF-09-08 which is a request for approval of a Class II special exception permit to allow
construction of a duplex in the 100 year flood plain on property located at 6701 West 48th
Avenue. This request will be heard by the Wheat Ridge Board of Adjustment in the Council
Chambers of the Municipal Complex at 7500 West 29th Avenue on September 24, 2009, at 7:00
p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer
at 303-235-2826 at least one week in advance of a meeting if you are interested in participating
and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
WA0909&WF0908.doc
www.ci.wheatridge.co.us
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ABBOTT THOMAS L
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10780 W 35TH AVE
WHEAT RIDGE CO 80033
7006 0100 0006 7651 7217
SWISS VALLEY LLC
4839 W BYRON PL
DENVER CO 80212
7006 0100 0006 7651 6593
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HAMMOC ANDERSON MILBURN L
PHILLIPS SUSAN H ANDERSON PAULINE L
6991 W 48TH AVE 7001 W 48TH AVE
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
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6985 W 48TH AVE
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PINE CO 80470
7006 0100 0006 7651 6517 7006 0100 0006 7651 6500
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7006 0100 0006 7651 64877006 0100 0006 7651 6470
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on September 24, 2009, at 7:00 p.m. in the Council Chambers
of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. Individuals with
disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
The following petition shall be heard:
1. Case No. WA-09-09: An application filed by Swiss Valley, LLC, for approval of a
variance to Section 26-412.D.2 of the Subdivision Regulations to allow a new two-family
residence at 6701 West 48 h Avenue to have domestic water service from a well.
2. Case No. WF-09-08: An application filed by Swiss Valley, LLC, for approval of a
Class II special exception permit to allow construction of a two-family residence in the 100 year
flood plain on property located at 6701 West 48th Avenue.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To be published: Wheat Ridge Transcript
Date: September 10, 2009
Property appraisal system
Page 1 of 1
Property ,
Information
: "
Schedule: 197753 Parcel ID: 39-144-99-003 Print Help
Status: Active
Property Type: Commercial
Property Address: 06695 W 48TH AVE
WHEAT RIDGE CO 80033 3640
Mailing Address: 04839 W BYRON PL
DENVER CO 80212
Neighborhood: 233
Owner Name(s)
SWISS VALLEY LTD LIABILITY COI
Subdivision Name: 830400 - WHEATRIDGE HEIGHTS
Block
Lot
Key
Section
Township
Range
QuarterSection
Land Sqft
010
OOB
14
3
69
SE
8760
009
00B
14
3
69
SE
14000
215
14
3
69
SE
19036
385
14
3
69
SE
9888
Total
51684
2
alue
700
400
100
alue
,650
99,590
Total
130,2
40
2008 Payable 2009
Actual Value
Land
219,700
Imp
185,400
Total
405,100
Assessed Value
Land
54,770
Imp
52,560
Total
107,330
Treasurer Information
Mill Levy Detail For Year
Mill Levy Information
istrict
ty
N
AT RIDGE
ONAL TRANSPORTATION DIST.
N DRAINAGE&FLOOD CONT DI
N DRAINAGE&FLOOD C SO.PU
4TRIDGE FIRE DIST.
4TRIDGE SAN. DIST.
4TRIDGE W. DIST.
3139
http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=197753 9/8/2009
Assessor Parcel Maps Associated with Schedule Graphic Parcel Mao Ma uest Location
map39-144.pdf
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Page 1 of 2
Meredith Reckert
From:
Gerald Dahl [gdahl@mdkrlaw.com]
Sent:
Friday, September 04, 2009 3:34 PM
To:
Meredith Reckert
Subject: RE: water sufficiency
I agree; he is well below the 50-unit minimum.
Gerald E. Dahl
gdahl@mdkrlaw.com
Direct: 303-493-6686
Murray Dahl Kuechenmeister 8s Renaud LLP
2401 15th Street, Suite 200
Denver, CO 80202
Phone: 303-493-6670
Fax: 303-477-0965
This electronic mail transmission and any accompanying documents contain
information belonging to the sender which may be confidential and legally
privileged. If you are not the intended recipient of this e-mail, you are hereby
notified that any dissemination, distribution or copying of this e-mail, and any
attachments thereto, is strictly prohibited. If you have received this e-mail in
error, please notify me immediately by telephone or e-mail and destroy the
original message without making a copy. Thank you.
From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co.us]
Sent: Friday, September 04, 2009 2:43 PM
To: Gerald Dahl
Subject: water sufficiency
Okay, J., here it is. Doesn't seem applicable as it's only one house with pre-existing well.
Have a good weekend.
M
Meredith Reckert, AICP
Senior Planner
7500 W. 29`' Avenue
Wheat Rid°e, CO 90033
Office Phone: 303-235-2848
FAX: 303-235-285"
www.ci.-wheatridge.co.us
9/8/2009
Page I of 1
Meredith Reckert
From:
Meredith Reckert
Sent:
Thursday, September 03, 2009 2:03 PM
To:
'Gerald Dahl'
Subject: water sufficiency
Hi, Jerry-
We have been working with a property owner who is trying to build a house which burned down in a fire. In order
to rebuild per the sub regs, he needs to connect to public water where the closest main line if over 900' away. He
is applying for a variance to that particular section of the sub regs (Section 26-412.D.2.) in order to use an existing
well that previously provided domestic water to the house before it burned. He is scheduled for public hearing in
front of BOA on September 24. Would this variance, if granted, be in conflict with the water sufficiency legislation
recently adopted by Council? Do tell.
M
Meredith Reekert, AICP
Senior Planner
7500 W. 291". Avenue
Wheat Ridge, CO 50033
Office Phone: 303-235-2845
FAX: 303-235-2857
www.ci wheatndge.co.its
City of
at
dctn~sw,f;un't D€c~#ta7t~a+ar~a
CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named
above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic son age or use of this communication is
prohibited. If you received this communication in cnror, please notify us immediately by e-mail, attaching the original message, and delete the original
message four your computer, and any network to which your computer is connected. Thank you.
9/3/2009
tectonic Architecture
Construction Management
management group, inc General Contracting
6695 West 48th Avenue Wheat Ridge. C080033 303.403.1228
September 2, 2009
Meredith Reckert AICP
City of Wheat Ridge
7500 W. 29"i Ave.
Wheat Ridge, CO 80033-8001
RE: Swiss Valley LLC
Request for Variance
6695 W. 48" Ave.
Domestic Well Usage
Dear Meredith,
We appreciate the opportunity to submit this Request for Variance for the above referenced property. Our intent is
to receive a variance on the property to allow the existing domestic well to be used as the primary water source for
the proposed new duplex apartment design.
Under Section 26-115. Variances, item 2, we submit the following;
a. A copy of the Special Warranty Deed is attached along with a Tax Statement
b. No Power of Attorney is provided in that the Applicant is the Owner
c. A copy of the Property Survey is included.
d. Enclosed second sheet provides reasons for the variance request.
e. A proposed Site Plan has been provided for review indicating the proposed new structure and the existing
well location.
f. Architectural Elevations have not been provided due to the nature of the variance.
g. A Posting Certificate will be submitted at the hearing to the clerk.
h. Other information:
a. The Swiss Valley Property is a unique piece of land. The original single family residence was
destroyed by an arsonist in late 2008. The property has been served by a domestic well since the
early 1970's. City water service over 900' away in 48" Ave..
To consider any further development on the property we feel that the well must be the source of
domestic water to keep the development costs feasible.
Ke m
• RECEPTION No. F0433664 47.30 POs 000[-003
230 FiCCOAMD IN JEFFERSON COLINTY, COLORADO 6/23/97 lOs48:05
SPECIAL WARRANTY DEED
0' THIS DEED, made effective this _62eday of June, 1997, from SWISS SOCIETY OF 2
_ D~ DENVER, a Colorado non profit corporation, formerly known as Swiss Society of Denver, an J
\\~•D ° unincorporated benevolent society ('Grantor"), to SWISS VALLEY LTD. LIABILITY CO.
("Grantee"), whose address is 6695 w. 48th Avenue, Wheat Ridge, Colorado 80033:
WITNESS, that Grantor, for and in consideration of the sum of Three Hundred and Fifteen
Thousand Dollars ($315,000.00), the receipt and soSeiensy of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm unto Grantee, its sucomots and assigns forever, all the improvements lying and being in and
on the following real property located in the County of Jefferson, State of Colorado:
~oc SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
3t,56 REFERENCE.
Also known w 6695 West 48th Ave., Wheat Ridge, Colorado 80033.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate right, title, interest, claim and demand whatsoever of Grantor, either
in law or equity; oC in and to the above-bargained premises with the hereditaments and appurtenances
w
it ^ (the "Property);
a ~
TO HAVE AND TO HOLD the Property unto Grantees, their successors and assigns forever.
Grantor, for itself and its successors and assigns, does comment and agree that it shall and will
c z warrant and forever defend the Property in the quiet and peaceable possession of Grantee, its
F M successors and assigns, ageing all and every person or persons Claiming the whole or any part thereof
by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date
fast above written.
SWISS SOCIETY OF DENVER, a Colorado non profit
corporation, formerly known as Swiss Society of Denver,
an un.noorpoorratedbenevolent sec ety
Nam-• san,rl,P• vn 5' n h
Tree: P*---~kncn5r
STATE OF COLORADO )
SS:
COUNTY OF'J )
The foregoing instrument was acknowledged before me this _&5~: day of June, 1997, by
as ~pQ,hl d~n~ of Swiss Society of Denver, a Colorado non profit
.`c rporation, known as Swiss Society of Denver, an unincorporated benevolent society.
`o,My Commission expires
'Witness my hand and ofci s
Notary Public _
re WIMI"\wd"ISS.Wd
EXHIBIT A
aL
PARCEL A:
THE NORTH 140 FEET OF TRACT 9, WHEATRIDGE HEIGHTS, COUNTY OF
JEFFERSON, STATE OF COLORADO.
PARCEL B:
THE NORTH 100 FEET OF TRACT 10, WHEATRIDGE HEIGHTS, COUNTY OF
JEFFERSON, STATE OF COLORADO.
PARCEL C:
THE NORTH 150 FEET OF A TRACT OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 175 FEET WEST OF THE SOUTHEAST
CORNER OF THE EAST 1/2 SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
THENCE WEST 154.2 FEET, THENCE NORTH 400 FEET, THENCE EAST
154.2 FEET,
THENCE SOUTH 400 FEET TO THE PLACE OF BEGINNING,
EXCEPT THAT PORTION CONVEYED IN BOOK 509 AT PAGE 299, AND A
TRACT OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE FOLLOWING DESCRIBED
TRACT:
"COMMENCING AT A POINT ON THE EAST LINE OF SECTION'14, TOWNSHIP
3 SOUTH, RANGE 69 WEST WHICH IS 1252.52 FEET SOUTH OF THE EAST
QUARTER CORNER OF SAID SECTION, AND FROM SAID POINT RUNNING
SOUTH ALONG THE EAST LINE OF SAID SECTION 14 TO A POINT WHICH
IS 400 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SECTION,
THENCE WEST 417.33 FEET,
THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 814
FEET TO A POINT WHICH IS 417,33 FEET WEST OF THE EAST LINE OF
SAID SECTION,
THENCE NORTHEASTERLY TO THE POINT OF BEGINNING";
THENCE EAST 62 FEET MORE OR LESS TO THE WEST BOUNDARY LINE OF
THE DENVER AND NORTHWESTERN RAILWAY RIGHT OF WAY.
THENCE NORTHWESTERLY ALONG SAID WEST BOUNDARY LINE TO THE WEST
BOUNDARY LINE OF THE LARGER TRACT OF WHICH THIS TRACT IS A
PART,
THENCE SOUTH ALONG THE WESTERLY LINE OF SAID LARGER TRACT 97
FEET MORE OR LESS TO THE POINT OF BEGINNING, COUNTY OF
JEFFERSON, STATE OF COLORADO;
EXCEPT TWO PARCELS CONVEYED TO DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO, BY SPECIAL WARRANTY DEED RECORDED IN BOOK 1815 AT
PAGE 627, AND
EXCEPT THAT PARCEL CONVEYED TO DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECORDED AT RECEPTION NO. 86029642.
PARCEL D:
A TRACT OF PARCEL OF LAND NO. 108-X REV. OF THE STATE
DEPARTMENT OF HIGHWAYS, DIVISON OF HIGHWAYS, STATE OP COLORADO,
PROJECT NO. I 16-1(35} SEC. 1 CONTAINING 9,896 SQ. FT., MORE
OR LESS, IN THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION
14, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, IN JEFFERSON COUNTY, COLORADO, SAID TRACT OR PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
RECEPTION NO. F0433664
3
BEGINNING AT A POINT WHICH IS SOUTH 89 DEGREES 42 MINUTES 30
SECONDS WEST, ALONG THE SOUTH LINE OF SECTION 14, A DISTANCE OF
516.8 FEET AND-NORTH 00 DEGREES 16 MINUTES 30 SECONDS WEST.
ALONG THE WEST LINE OF LOT 9. WHEATRIDGE HEIGHTS SUBDIVISION, A
DISTANCE OF 481.1 FEET FROM THE SOUTHEAST CORNER OF SAID
SECTION 14;
1. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT. HAVING A
RADIUS OF 70.0 FEET. A DISTANCE OF 46.3 FEET (THE CHORD OF THIS
ARC BEARS NORTH, 83 DEGREES 15 MINUTES 15 SECONDS EAST A
DISTANCE OF 45.4 FEET);
2. THENCE SOUTH 77 DEGREES 48 MINUTES EAST A DISTANCE OF 2.2
FEET;
3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT. HAVING A
RADIUS OF 490.9 FEET, A DISTANCE OF 146.1 FEET (THE CHORD OF
THIS ARC BEARS SOUTH 69 DEGREES 16 MINUTES 30 SECONDS EAST A
DISTANCE OF 145.5 FEET);
SOUTH 60 LINE OF SH DISTANCE 70 (1APR. 0 1978)
O
FEET TO THE SOUTHERLY RIGHT OF
5. THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SH 70
(APR. 1978), SOUTH 89 DEGREES 42 MINUTES 30 SECONDS WEST A
DISTANCE OF 19.1 FEET;
6. THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, NORTH 55
DEGREES 35 MINUTES 30 SECONDS WEST. A DISTANCE OF 50.6 FEET:
7. THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, NORTH 75
DEGREES 41 MINUTES 30 SECONDS WEST A DISTANCE OF 84.0 FEET;
8. THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 00
DEGREES 09 MINUTES 30 SECONDS EAST, A DISTANCE OF 50.0 FEET;
9. THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, SOUTH 89
DEGREES 42 MINUTES 30 SECONDS WEST. A DISTANCE OF 100.3 FEET;
10. THENCE NORTH 00 DEGREES 16 MINUTES 30 SECONDS WEST A
DISTANCE OF 81.1 FEET. MORE OR LESS. TO THE POINT OF BEGINNING.
RECEPTION ND. F0433664
RECEPTION NO. F0433665 6.00 POf 0001-001
230 RECORDED IN JEFFERSON COUNTY, COLORADO 6/25/99 10r43e05
QUITCLAIM DEED
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017
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a
THIS DEED, Main Nis /9"- doyof June .19 97
bnwmeo Swiss Society of Denver, a Colorado nonprofit
corporation, formerly known as Swiss Society of
Denver, an unincorporated benevolent society
e mmv.mam dWY mfpmized and eusdap mac and by ,rim,e of she laws of she Suu of Comady
wan•a0a - Swiss Valley Ltd. Liability Co., a Colorado corporation
whmelVdasidmais 6695 West 48th Avenue, WheatRidge, Colorado 80033
of Ne •Cbomy of Jefferson , Sum ofcokrado,fpamcr,
WffNfSSETK Thus the samam• for and in considentlm of the som of
. **TEN AND NO/100 DOLLARS and other good and valuable consideration,/09WAOA
dx.e®ps andsuf uom ofwhich ishc.eby aduwbdfed. hu.miud,. Inom ,.dd sod QUrr LUMED.u by srcscp~dmmvi,c,.cl®e.
seH mrd QDITCIAIM mm the pamsq bishdnaotlauip~i foram, 00 the Ifrb4 dse.lmemrt, euim anadeesandwbim tmrnvsor6as ie amd wNe sd
poo0enysupriM with imsm. om irony. 4ion, 6i4and beioeinde Co..my of
Jefferson mod Smm ofCdoudo, dn, iIad u faswc
A TRACT OF LAND DESCRIBED AS BEGINNING AT A POINT WHICH IS 175 FEET
WEST AND 250 FEET NORTH OF THE SOUTHEAST CORNER OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE
6TH P.M., THENCE NORTH 10 FEET THENCE WEST 124.2 FEET, THENCE SOUTH 10
FEET, THENCE EAST 124.2 FEET TO THE POINT OF BEGINNING,
also known by sbcei and nuspber ac N/A
asmva.Y schedWe or pud numbs. N/A
TO NAVE AND TO HOLD the un,, mWow with al m," W. the opfunmmaera and pnvaegm damnnw belaripiog, or in mywhed bra
oppn.amivr•mod all the emta rirM,0c,inteml end dam whusom=. ofshe VuW.chher N nwera9uisy. w on oay pm U% heseas add behoof
of the aumee. him bein and amisna I... Tim, s'wA r oumbu,bas Include tc Ours, the PI.,W We sumrulea, eM the em of soy sor4m, sbal bn
apphmbb on is Sender4
The pmdm kum ~ in, compumafe mmr no belamuma subcNad by no presi(IN4 SAKI in
fl.m, anetud by iu S.Mo% the day and Y. fiM aboewnnco.
SWISS SOCIETY OF DENVER, a Colorado non-
, profit Corporation,£ormerly known as
STATE OFCOLORADO
M
Thc 6rtypi.g i.s .%wuad`miwld`befom uu Nis. l~ days( June .1997
by 6
on ~dmnt~
Y•: 7_ bUA=j0 om `/may,, (s Sevcmaryor
f$'r JL- .swmponsioe.
1//
otsoecv~ew.ds)
b fLbli9im, i'm1] Vama_Ikewr, CDEOEO] -DOII]9]~ls0a- IIAs
RECEPTION NO. F0433666 6.00
230 RECORDED IN JEFFERSON COUNTY, COLORADO
PERSONAL REPRESENTAT'IVE'S DEED
(Testate Estate)
y^U
W~
Ras 0001-001
6/25/97 10s48sO5
THIS DEED is made by
as Penoml Representative of the Estate of
Frank L. Gaber, a/k/a Frank Ladko Gaber
Whose legal address
of the 'Countyof , State of
WHEREAS, the Lan Will and Testament ofthe above-named decedent was made and exeeated in the firmime of the
decedem, and is dated November 14 , 19 89 , which Will was duly admitted to (F3W Onformal)**
probateon December 28 .19 89 ,by the District Court in and for the
County of Jefferson , State of Colorado, Probate No. 89PR939 ,
WHEREAS OremorWas duly appointed Personal Representative of said Estate on May 7
19 90 , and is now qualified and acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Co4F Grantor dots
hereby se", wtrvry, azsigo, transfer and set Duet unto said Grantee (in joint tenmcy)'* (tor and in consideration of
****'ONE HUNDRED AND NO/100*'*____.DOllats)••
(As the person entitled to distribution of the property in the above captioned Will)-* the following described real
property situate in the County of Jefferson , State ofColarado:
NORTH 20' OF SOUTH 250' OF WEST 30' OF EAST 329.2' OF SOUTHEAST 1/4,
SECTION 14, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th P.M., ABOVE
DESCRIBED PROPERTY COVERED BY TAX SALE CERTIFICATE 47771
w
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LL
5 ~
z
C. N
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^7
COUNTY OF JEFFERSON
STATE OF COLORADO
also known by street and number as: N/A
assmsoes schedule or parcel number.
With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property
taxes for the year I9 -RZ*, and subjccl to NONE
*and all prior years
As used herein, the singular indudes the plural and the plural the sia ar.
Executed June 5 ,1937 _./te t-f `GLJ~C tiY
Virg. A. Boatright
Pernml Representative of the Estate of Frank L. Gaber. a/k/a
Frank Ladko Gaber ,D=.d
STATE OF COLORADO sa
_ COUNTYOF JEFFERSON
The foregoi instrument was acknowledged bafom me this Sth duy of June , 1997
by Virq ill A. Boatright
as Personal Representative of the Estate of Frank r L
, Deceased. 100- bi.
Whom my hand and official seal.
My commission expires: Dec. 31. 1999
~An6n nry,;,e3
Ne.CPC46.Ret IA6. n9lanNAL3taPlVSer.'raiiK5tam fn.va3
amrom ftWW41743 W,mat..nm s5 0080102-(303) r9R33m-2-%
Cgnin, ire
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eo ~o
JEFFERSON COUNTY COLORADO
REAL PROPERTY NOTICE OF VALUATION
NOTICE DATE - MAY 1, 2008
THIS IS NOT ATAX BILL
SWISS VALLEY LTD LIABILITY CO
4839 W BYRON PL
DENVER, CO 80212
ilia] .11.....I.I...II..111...11.111..191....I1.. 11.111...1.1.1 .
Jim Everson
Jefferson County Assessor
100 Jefferson County Pkwy
Golden, CO 80419-2500
303-271-8600 - Information
303-271-8616 -Fax
303-271-8601 - TDD
Office Hours:
7:30 AM - 5:30 PM, Mon_ through Fri.
Protest Period Extended Hours:
7:00 AM - 5:30 PM May 21 & 28
7:00 AM - 7:00 PM June 2
SCHEDULE NO. PROPERTY ADDRESS PROPERTY CLASS TAX DIST
197753 6695 W 48TH AVE MIXED USE 5279 3139
LEGAL DESCRIPTION SUB BLOCK LOT KEY SEC TWN RNG QS
WHEATRIDGE HEIGHTS 830400 010 OOB 14 03 69 SE
CURRENTYEAR ACTUAL VALUE PRIORYEAR ACTUAL VALUE CHANGE IN VALUE
405,100 405,100 0 ADDITIONAL LEGAL(S) EXIST
Your property was valued as it existed on January 1 of the current year. Appraisal data used to establish values was
from the 24-month period ending June 30, 2006. The tax notice you receive next January will be based on this value.
If the senior citizen or disabled veteran property tax exemption applies to your property, it is not reflected in the value shown
above. Your right to appeal the classification and/or value ends on June 2, 2008.
Neighborhood sales used to develop residential Current Year Actual Values may be viewed at hht> p:11assessocjeffco.us
PLEASE VERIFY THE PROPERTY INVENTORY BELOW (if any) AND NOTIFY THE JEFFERSON COUNTY ASSESSOR'S
OFFICE IF ANY CORRECTIONS ARE NECESSARY.
INVENTORY:
DETAIL: CATEGORY
YEAR
BLDG BUILT QUALITY
1 1969 AVERAGE
2 1965 AVERAGE
SUMMARY:
TOTAL
BUILDINGS
2
COMMERCIAL
FLOOR STRUCTURE TYPE
02 OFFICE
01 SINGLE FAMILY
GROSS AREA
UNITS MAIN BASEMENT
1 5103
1 1077
TOTAL GROSS AREA
UNITS MAIN BASEMENT
2 6180
P-Cl znce 66b Hr1E 2jagwjo4s es1-1 d92:,oo 60 La 2nd
s .,c 0 PROPERTY TAX STATEMENT f'
27~-93' CORRECTED NOTICE/ABATEMENT 02-12-2009 BEW
TAX DIST 3139 SCHEDULE NO. 197753 2008 TAXES PAYABLE 2009
6695 W 48TH AVE
WHEATRIDGE HEIGHTS
SCHOOL
14
03
69
SE 8760
010 DOB
F0433665 SCHOOL GEN
37.0340
3
971
14
03
69
SE 14000.
009 DOB
SCHOOL END
11.2500
,
.
1
206
14
03
69
SE 19036
215
COUNTY
,
-
14
03
69
SE 9888
385
79024593 CNTY GEN'L
15.6990
11683.'
DEV DISASL
1.0000
107_:
R&B SRVCS
1.9000
203.'
SOC SRVCS
1.2650
135.,
CAP'TL E8P
_ 1.0570
113-:
LIBRARY
3.4250
367.:
WEE.
1.8300
196.:
UDFCD
.5280
56.1
us 1 tad .ya,_.;
UDFCDSPLAT
WFD
.0630
4.4000
6.1
471.:
WSD
.5500
58.:
.0
ASSESSED LANG & BLDG 1D7.330 107.250
ORIGINAL BILL 8,586.'
ABATEMENT 6._
TOTAL DUE 8,580.:
SWISS VALLEY LTD LIABILITY CO BALANCE GOOD THRU 4-30-2009
4839 W BYRON PL
DENVER, CO 80212 RECEIPT - 021209000000
Sc__ Rc^. _°i?&E So C:4 F-URTF."EH
CR.'4~~-10~ .
YOn!:.- a~~i`aC
6 ZOsE EEb EOE 2jaawjonc ester do~ein s,l
ecsor. Counw Treasurer
00 Je{'erscn COun-'y P rwy
3utdc-n Co 80415-252 PROPERTY TAX STATEMENT
;-271 8330 TAX NOTICE
9nng TAXES PAYARI F 9nn9
I PROPERTY LOCATION:
DOING BUSINESS AS:
VACANT LAND
FIN. INST.
SEC.TWN.RNG_ QTR. SQ.FT.LAND BLK LOT KEY BOOK PAGE
AXAUTHORITY
TAX LEVY
TAX AMOUNT
SCHOOL
14 03 69 SE 610 088 F0433666
SCHOOL GEN
37.0340
7.41
SCHOOL BND
11.2500
2.25
COUNTY
'CNTY GEN'L
15.6990
3.13
DEV DISABL
1.0000
-20
RsB SRVCS
1.9000
-38
SOC SRVCS
1.2650
.25
CAP'TL EXP
1.0570
.21
LIBRARY
3-4250
.69
NHR
1.8300
-37
UDFCD
.5280
.11
UDFCDSPLAT
-0630
.01
NFD
4.4000
.88
WSD
.5500
.11
VACANT LAND
PROPERTY VALUATION
TAX LEVY
16-00
VALUATION ACTUAL ASSESSED
80.0010
LAND r uu
ASSESSMENT PERCENTAGE
RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00%
FULL AMOUNT DUE APRIL 30 16.00
LESS THAN $255-00 MUST BE PAID IN FULL
SWISS VALLEY LTD LIABILITY CO
4839 W BYRON PL
DENVER CO 80212-1351
ILrl.11.....I.fu.I~oI~L..IInIInIaI.n.II..~Ll~lu.l~i.l
:F PFY!f -3 !P: FERSCPI 9RNG ENMRE T...: NOTICE
SEE REVERSE SID= FOP FURTHER WFORMATiON RE .AIN THIS PORT!O\ FOR YOURECORDS
b-d ZOsE EEb EDE 2Oagwjo,4R esi-1 dap:4,n an is gnu
wavaauu .,wYbtdr'y+Ua of 4w
Corporation Office
1560 Broadway, Suite 200
Denver, Colorado 80202 1997108281-1 C
(303)894-2 1 251 $ 50. 00
SECRETARY O STATE
Total Fees: $50.00
Submit original and _ 7';:3'r~71 13:36:2M
ow copy. _
Must be Typewritten
ARTICLES OF ORGANIZATION
We the undersigned natural person(s) of the age of eighteen years or more, acting as
organizer(s) of a limited liability company under the Colorado Limited Liability Company act, adopt the
following Articles of Organization for such limited liability company:
FIRST: The name of the limited liability company is Swiss Valley Ltd. Liability Co.
SECOND: The period of duration is perpetual.
THIRD: The limited liability company is organized for any legal and lawful purpose
pursuant to the Colorado Limited Liability Company Act. A more specific purpose may be stated:
ownership and operation of real property.
FOURTH: The street address of the initial registered office of the limited liability company
is 6695 West 48`s Ave., Wheatridge, CO 80033, and the name of its proposed registered agent in
Colorado at that address is Kevin C. Larson.
FIFTH: The name and the business address of the initial manager is:
NAME ADDRESS (include zip code)
Kevin C. Larson P.O. Box 715, Indian Hills, CO 80454 l
SIXTH: The name and address of each organizer is:
NAME
Mark A. Stormberg
Kevin r Larson
Signed
Signed
ADDRESS (include zip code)
4839 W. Byron Place, Denver, CO 80212
P.O. Box 715, Indian Hills, CO 80454
R\~ !7
Swiss Property Well Variance Submittal
The subject property is remotely located adjacent to the 1-70 Highway. The current
parcel has both C-1 Zoning for the commercial business and R-2 Zoning for the
residential use. The original property had a single family home located basically in the
same location that the proposed new structure would be located. The entire property
has been served by an existing well for over 20 years. The information available on the
well from the County has been provided to the City for review.
Addressing Item #4 Criteria for review we would submit the following:
4a. The nearest water line connection to the site is located over 900' way from the
property. The cost for installing this line would be equal to the total proposed
improvements that have been planned for the property. Basically without the use of the
well for the property no new improvements would occur on the site.
4b. By allowing this variance there is be no impact on the "essential character of the
locality".
4c. The proposed duplex structure would be a substantial investment in the property,
without the variance the development will not occur.
4d. The subject property is uniquely located in the city of Wheat Ridge. The site sits
over 50' below 48th Ave to the South. The grades on the South side of the property will
not allow connecting into the water main located in 48th Ave. without extending the
water line up the service road to the East. The distance to the waterline connection is
over 900' away. This is not an inconvenience; it is a financial barrier which would stop
any future development on the site.
4e. The difficulty associated with domestic water to the site has always been an
issue with the site, from its early development in the 1970's. The current commercial
office building utilizes the local well for water.
4f. Granting this variance would have no temporary or permanent impact on
adjacent properties. The well is located on the property and would not be modified.
4g. Any additional development that would occur near this property would have the
same issues with domestic water in that the tie to the existing city water lines would be
cost prohibitive.
4h. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
4i. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual
two-
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~V.48TH AVE. TMG1 rQ a two)
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UV. 46TH PL, o
- :~:r t- Consultant
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Fb^'r 'vArl hND BRASS' AN RA , iA^ CB=NBA "416.,E. B b„ C!=4~ S3 Seal
STCRM IN! ET S<9S9' ,.I
CITY OF ARUADA COUNCIL 31LL N0 61.6 v Ah+NEXATIONORDNANCE.N
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Project Description Swiss Valley Apartment
I _ Wheat Ridge, Colorado
S89'46'56"V ~~d _
META!rtNCE Issue Log Issue Date Review September
3, 2009
II 1 i
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V C) W C) Co x LL ~
4 O = LL Q 0 W y
j U O g Cf) O _LL
W w U 0 0 U.J w Z
0 8 ~ a w w a z Issue Date September 3, 2009
>N > h Q O Drawn By Author
LL C5 O z w z Approved By Approver
LU w w ui w FOUND 3 25" BRASS CAP IN RANGE BOX
c UND 3 5 BRASS CAP IN RANGE BOX SOUTH 14 CORNER TO SECTION 14 P~S '32'2 IN MEDIAN NEAR SOUTHEAST 1, CORNER TO SECTION 14 PlS 13212 AT THE INTERSECTION OF PIERCE ST AND WEST 48TH AV . Tectonic Project Number
SOUTH BOUND ANEOF *ADSWORTH BLVD S89'43'20"W 516.99'IMEASURED) WEST 48TH AVENUE 5.99' IMEASURED) SdUTHER Y LINE OF TNESOUTHEASI 4 OF SECTION 14 olL
u Issue Title
a ,3F Review
;u
Sheet Title
1 Site Plan
~r Sheet Number
1 Site Plan A3.00 A1.00 Scale: 1" = 20'•0" ■
- _ - _
TOPOGRAPHI Part of Lots 9 and 10, 1N Port of the S.E. 1 /4 of Sectio County of Jefferson, BASIS OF BEARING_
-
i
_s
Bearings are based an the Souther4y line of of the
Township 3 South, Range 69 West of the 6th P.M. t
Ridge Control Qiagrom).
P'~QPERTY DESCRIPTION•
F
ASPNAt .r-~--"""...----- Fart of Lots 9 and 1Q, Wheatridge Heights and Pa Township 3 South, Range 69 West of the fith P.M., ~1
f
Containing 1.287 acres, more or less. ti.1
;The property shown hereon is based an the Surve May 27, 1997) coi,~Mi~~T N T f
~ 'S''7~-J y''`..~NAIJy
f ~ U 11=37"47'03''' ' ~OC~Nb Nlt11~S ~ Lc4S,
.FOUND NAI ~~ej~gj'14riB"k" . , ,4I~1D, Bt~A~S. fiAGS
AND BRASS ~AC~ CL~4,5:33' This land survey plat was performed WITHOUT the ownership of record, right-af-way or eflsements o prior to any cons#ruction or transaction of propert SURVEYOR'S STATEIuIENT;
~l~l~~~~ l °s
STORM INE.ET 5295.9'
.crrr ~vaoa 1 1 1
cotiM~t ~t.~. ►~a. s7-~s4 ~ar~r~€X~a~ror~ o,~~tr~~,rrre r~o. ss7 I, Randy F. Fortuin, a Registered Professional .and ]Y
hereby state that the Topographic survey represen supervision c~nd this plat accurately represents said
r ~'r
5 ~ ire Yr
A5pHAL7' ~.~r,.-"i~'~~~`---`m -,tea-- r
ASPHALT
Randy F. Fortuin, P.L.S. 27~~3. 2263 a Date: May 13, 2009 ~ p _ 1.
fir. ~k
_
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;t ~ ~a a..~v avL~v~ ev v1 v I✓\.ir7VL Vf 1 LI Itr IRtiJ L[t!i 14n[F 1J~iV4~i~ill~s ~J1A!' Y ......1.., L.......... t _ ._...L _ .J _ _ 1 l_ _ L - a = _ = = - _ _ - ~
I f •c~ Fr. y. the Nc~~th b~-~dce autx~ent on the ~€~st side
ti ,7► WAS.. , ~ ~ AS~HAf~T _ with ~r~ E~eva~it~~ ~'.~3 feet
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S89'46 55'W 99.89'
METAL FENCE 5298 S?
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J 1AN ~ O LM uWMG SERIES Aurora, CO 8001 L-j 'v' 720-373-8376
vlO
Z 2 TOPOGRAPHIC SURVEY
J 6695 West 48f Avenue
FOUND 3.25" BRASS CAP IN RANGE BOX F Part of Lots and 10, Wheatridge Heights
FOUND 3.25" BRASS CAP IN RANGE BOX W SOUTHEAST Y4 CANER TO 5EC110N 14 PLS 13212 AT THE INTERSECTION OF PIERCE Pa 5T. AND WEST 48TH AVE.
SOU 7N X CORNER TO SECTION 14, PLS 13212 two IN MEDIAN NEAR SOUTH BOUND LANE OF W Part of S.E. 1/4, Sec. 14, T3'S, PSI", 6TH P$
WADSWORT}-{ BLVD. ,S89'4320'iy 316.99' [MA"SuREDJ SOUTHERLY LINE OF THE SOUTHEAST t/s OF SEC710N 14 WEST 48TH AVENUE County of Jefferson, State of Colorado
BASIS OF BEARING S89'4320'1Y 2625.24' (MEASURED) Drown: RF Date. 05-11-2009 Senile: 1" ==20' Sheet
t Check: J" Job Number: 1610 1610TOPO.DWG 1 of 1
y
6t RA,
~ WHEAT
h~a P% LAND USE CASE PROCESSING APPLICATION
u m Community Development Department
7500 West 29`h Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
e'O40RAp~ (Please print or type all information)
Applicant C. LIOS~ Address p o s~ 71s- Phone-&~- 4763
City Wd/A-ri 41 "1 State CC Zip Q y S y Fax -
3d3
Owner SWISS VA4461 I.LG Address to o 13 C)Z /S Phone-& b7
City /Nd~J A_ 1' u 's State r~ Zip S Fax
gds
Contact l/fN C. b1WJ( 'I Address p0. a Phone! 03-t-mr
City /VV, 6(S State GO Zip p Fax_*O ? - -LZ ?
(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.) J~yQ /
Location of request (address): 6 7a/ W/ a ~ !TV L- WeG ' P,10&C 00
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 ~s ~U'aw
sw- p l Pw p►Wa s (d
USEb D&W-571a 1&14
A16 DU Pt ~~X A~t~/~'y+.t't'Wt4.1' Sand Grv ►2L
Required information: SC4
Assessors Parcel Number: Iq 7753 Size of Lot (acres or square footage): 12 ' /
Current Zoning: 12 • Z Proposed Zoning: R - Z
Current Use: yP,CIkAir (/p44JD Proposed Use: 12ES - bUkOC2)i
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 t th which approved of this action on his behalf.
Signature of Applicant l 22 v~~,yy{{~~
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ubscri ed and sworn to me this 11- day of 20nq
- ion
NNOTARY PUro BUOY ~ f l l t J- ~a2%Yll at/
STATSCFCCLORWO otary ublic
E,xplres My commission expires
pi2a, 011
To be filled out by staff: n~t~~,~ p
c~ / q G eID4Q61aj~- Case No. 60'q-0 0q
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Date received Fee $Q/ Receipt No.
Comp Plan Desig. Zoning Quarter Section Map -SWl
Related Case No. Pre-App Mtg. Date Case Manager 1p r
. `city of LAND USE APPLICATION' FORM
Wheat. vige
CommvNny DEvuopmENT
Case No. Date Received 9/22009, Related Cases WF0908 Case Planner Reckert
Case Description:.
variance to Section 26-412D.2 of the Subdivision Regulations to allow a new single-family residence to have domestic water service
Irom a well
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Name Kevin _C. Larson t Name Phone F(3031 697 6763
Address P.O. Box 715 r - City Indian Hills _ _ State CO zip 80454- "
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Name Swiss Valley_LLC : Name Phone (303J 697-6763
Address P O Box 715 1 City Indian Hils _ J State CO Zip' 80454-
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Name Kevin C
Larson Name F Phone (303] 403_1228
_
Address P.O. Box 715 City Indian Hills I State C0 I Zip F80454-
Profecf /r./afmafio~r':
Address 6701 __Street West 46th Avenue City Wheat Ridge State J Zip 80033 t"
CO
Location Description' Project Name'
Parcel No. 39-14499003 4lr Section: SE14~Distret No.: II
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Hevfeivs
Pre App.Date Neighborhood Meeting Date ~ App No:
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Review T e` 1~~ ~ Review $ody ~~E i»,,,iy„a rter~4M" P4srfw ~3c.. Comments~~' z
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Public Hearing &~z BOA t-d 9124/200
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Case Disposition Disposition Date F_-_
Conditions of Approval' Notes
Hes1t I_ Urdu I J
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CITY OF WHEAT RIDGE
09/03/69 1.43 PH cdba
Swiss Valley
NO. AMONT
FMSDIZONINGCAPPLICATION F 480.00
ZONE
PAYMENT RECEIVED AMOUNT
CK 1286 480.00
TOTAL 480.00