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Home My WebLink AboutWA-09-10ey~♦ City of Wheat~dge 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 November 3, 2009 Leroy A. Kuczek 10561 West 38a' Ave. Wheat Ridge, CO 80033 Dear Mr. Kuczek: RE: Case No. WA-09-10 Please be advised that at its meeting of October 22, 2009, the Board of Adjustment APPROVED your request for a 5 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 10 foot side yard setback for property zoned Residential-One (R-1) and located at 10561 West 38th Avenue for the following reasons: 1. The side yard setback variance would not alter the character of the neighborhood. 2. There would be no negative impact to the public welfare or other properties in the area. 3. The request would not substantially increase the congestion in public streets, encroach into the sight distance triangle, increase the danger of fire or endanger the public safety. 4. The conditions necessitating the request are present in the neighborhood and are not unique to the property. 5. Staff recommended approval. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting, October 22, 2009. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, April 20, 2010, unless a building permit has been obtained. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fiel Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-09-10 (case file) Building File WA0910.doc w .cimheatridge.co.us PED CERTIFICATE OF RESOLUTION 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 22nd day of October, 2009. CASE NO: WA-09-10 APPLICANT'S NAME: Leroy A. Kuczek LOCATION OF REQUEST: 10561 West 38"' Ave. WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment application Case No. WA-09-10 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, and with substantial compliance with recommendations of the Neighborhood Revitalization Study. Now, therefore, be it resolved that Board of Adjustment application Case No. WA-09-10 be, and hereby is APPROVED. TYPE OF VARIANCE: A 5 foot side yard setback variance to the required 15 foot side yard setback requirement resulting in a 10 foot side yard setback to allow for a single family home on property zoned Residential-One. FOR THE FOLLOWING REASONS: The side yard setback variance would not alter the character of the neighborhood. There would be no negative impact to the public welfare or other properties in the area. The request would not substantially increase the congestion in public streets, encroach into the sight distance triangle, increase the danger of fire or endanger the public safety. The conditions necessitating the request are present in the neighborhood and are not unique to the property. Staff recommended approval. Board of Adjustment Resolution WA-09-10 Page two (2) VOTE: YES: BELL, BLAIR, BUCKNAM, FISHER, HOWARD, PAGE ABSENT: ABBOTT, HOVLAND, LINKER DISPOSITION: A 5 foot side yard setback variance to the required 15 foot side yard setback requirement resulting in a 10 foot side yard setback to allow for a single family home zoned Residential-One was APPROVED. ADOPTED and made effective this 22nd day of October, 2009. i Afan Bucknam, chair Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment I~~! City of l WheatWidge BOARD OF ADJUSTMENT Minutes of Meeting October 22, 2009 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board by Chair Bucknam at 7:05 p.m. in the City Con Building, 7500 West 29m Avenue, Wheat R4 was called to order of the Municipal 2. ROLL CALL Janet Bell Bob Blair Board Members Present: Abbott Board Linker Adam Tietz, Planner I Kathy Field, Admin. Assistant 3. PUBLUC FORL appeatng,on the There was no°on is the time for anyone to speak on any subject not to address the Board at this time. 4. PUBLIC HEAF A. Case No. WA-09-10: An application filed by Leroy Kuczek for approval of a 5 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 10 foot side yard setback for property zoned Residential-One (R-1) and located at 10561 West 38th 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 Board of Adjustment Minutes 1 - October 22, 2009 reviewed the staff report and digital presentation. Staff recommended approval for reasons set forth in the staff report. In response to a question from Board Member BLAIR, Mr. Tietz stated that no negative comments had been received concerning this case. Leroy A. Kuczek 10561 West 38th Ave. Mr. Kuczek, the applicant, was sworn by Chair BUCKI,,,-" He stated that he has been working with the Manufactured Home Building Center of Colorado to select a model that would fit on his lot. Because the company is going out of business, he is able to purchase a better quality home for theme price as the first home he planned to buy. He believed the Pieme would Wan asset to the neighborhood. The utility poles in questioii are on his neighbor%-roperty, however it is necessary to provide room fox utility vehicles. Shiftmg pje~structu five feet to the east would Board Member BUCKNAM asked about structdWssues associated with the existing house. Mr. Kuczek stafecLthat the house was gnstructed around 1900 using a flooring system on top o'£unfired~d brick that haa`resulted in an unstable foundation. The house also suffered signiffuant damage from the storm that occurred this summer. He stated that he-ordered arvey of the property which showed uneven boundaries. There were d other individuals present who wished to address the Board. Chair BUCKNAM closed the nubliehearmg LL and second by Board Member was stated: the applicant was denied permission by an administrative officer; and Whereas, Di.-rd of Adjustment application Case No. WA-09-10 is an appeal to the Boardom 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, and with substantial compliance with recommendations of the Neighborhood Revitalization Study. Board of Adjustment Minutes -2- October 22, 2009 Now, therefore, be it resolved that Board of Adjustment application Case No. WA-09-10 be, and hereby is APPROVED. Type of Variance: A 5 foot side yard setback variance to the required 15 foot side yard setback requirement resulting in a 10 foot side yard setback to allow for a single family home zoned Residential-One. For the following reasons: 1. The side yard setback variance would not alter the character of the neighborhood. 2. There would be no negative impact to the public*elfare or other properties in the area. 3. The request would not substantially increase the congestion in public streets, encroach into the sightdstance triangle, increase-the danger of fire or endanger the public safety. 4. The conditions necessitating the request are present in the neighborhood and arenot unique to the property. 5. Staff recommended alfpioval. Board Member FISHER stated that he bel b 1 d-the reasons for erecting a pre- fabricated home are.iustifiable. Board to the that he believed the house will add value to the applicant for providing room B. Case No. W5'-09-11: An application filed by David & Kathy Rut,ome for approval of (A) a 600 square foot variance to the miraffit 12,500 square feet, and (B) a 10 foot minimum lot width variance to the 80 foot lot width requirement to allow for a 3 family dwelling unit on property zoned Residential-Three and located at 4000 Jay Street. 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. Kathy Montgomery 31001 Clubhouse Lane, Evergreen Board of Adjustment Minutes -3- October 22, 2009 7 j ~I 1 fell ~ it i J V _ ~ J ~ vb' j 1 7 I a r; r I S, •p ,I to. ~V 0 ,n i - ,v r,r > F IV, j j. V ba !1 _ i~ ~J ' l T O Z C Ci w C') C (Tl D ~t7 ~1 Z d H T f~'~1 z I'll ®A41 City of WCITY OF WBEAT RIDGE PLANNING DIVISION STAFF REPORT TO: CASE MANAGER: CASE NO. & NAME: Board of Adjustment Adam Tietz WA-09-10/Kuczek DATE: October 22, 2009 ACTION REQUESTED: Approval of a 5 foot side yard setback variance from the 15 foot setback requirement resulting in a 10 foot side yard setback to allow for a single family home on property zoned Residential- One (R-1). LOCATION OF REQUEST: 10561 West 380'Avenue APPLICANT (S): OWNER (S): APPROXIMATE AREA: Leroy A. Kuczek Leroy A. Kuczek 17,031 square feet (.39 acres) PRESENT ZONING: Residential-One (R-1) PRESENT LAND USE: Single Family Residence COMP PLAN LAND USE: Single Family Residential not to exceed 4 units per acre (SF4) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map Site Board c Case N 1 JURISDICTION: 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 5 foot (33.3 percent) side yard variance to the required 15 foot side yard in order to have a 1,720 square foot manufactured home placed on the property indicated above. Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for administrative variances from the strict application of the zoning district development standards that are not in excess of fifty (50) percent of the standard unless the Director of Community Development denies an administrative variance or objections directly relating to the request have been received in writing. If either occurs the City Code empowers the Board of Adjustment to hear and decide on variances from the strict application of the zoning district development standards. The applicant was denied administrative approval by the Director of Community Development. II. CASE ANLYSIS The aglicant, Leroy A. Kuczek is requesting a variance as the property owner of 10561 W.38 Avenue. (Exhibit 1, Letter, of Request/Applicant Responses to "Variance Criteria for Review') The application for a 5 side yard variance is being requested so the applicant may replace the home that is currently on the lot with a manufactured home. (Exhibit 2'and 3, Manufactured Home Photos) The property is zoned R-1. This zone district was established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. The surrounding neighborhood has a mix of different zone districts and uses. The properties surrounding the applicant's are zoned R-1 to the west, east, and north. Directly to the south across W. 38a' Ave, the property is zoned C-1 as are the majority of the properties to the south as this area is in close proximity to the W. 38`h Ave and Kipling St. intersection, a major commercial intersection. The area also has R-3 zoned lots just to the west, R- 1B zoned lots just to the north, and Planned Commercial zone districts a little further to the east. (Exhibit 4, Zoning Map) The lot size is approximately 17,000 square feet and relatively flat. (Exhibit S; Existing Site Plan) The minimum lot size for the R-1 zone district is 12,500 square feet. The lot is very deep but when the property was subdivided, it did not meet the minimum lot width of 100 feet for a single family home in the R-1 zone district and is only 85 feet wide. The Board of Adjustments 2 Case No. WA-09-10/Kuczek wide. The R-1 zone district allows for twenty-five (25) percent maximum building coverage. The proposed home will be placed in the same location as the existing home and will be approximately 1,700 square feet in size (Exhibit 6, Proposed Site Plan). The new home will increase the lot coverage from 12.8 percent to 15.7 percent. The existing conditions on the lot contain a two-story 1,200 square foot (footprint) home with a 952 square foot detached two car garage making the lot coverage 12.8 percent. (Exhibit 7-10, Site Photos) The existing home was originally constructed in the 1900's with additions coming at later dates. The applicant has expressed that the home is in poor condition, structurally. According to the applicant, demolishing the home and placing a new manufactured home on the lot is far more financially feasible than repairing the existing home. The applicant would like to place the manufactured home on the lot that will require it to be 5 feet closer to the property line then is allowed for the R-1 zone district. Since the home has been pre-manufactured it's size or dimensions cannot be changed to meet the setback requirements. The Neighborhood Revitalization Study (NRS), a document prepared for the City of Wheat Ridge in July 2005, was recently adopted, June 2008, by the City Council as an addendum to the City's Comprehensive Plan. The NRS articulates the need to revitalize and reinvest not only the commercial corridors of the city but also many of the older residential neighborhoods where the housing stock is aging and may not meet the demands of contemporary homebuyers. Three of the main goals derived from the N.R.S. are aimed at targeting the housing stock within the city: 1. Develop new market rate housing at key locations throughout the city. 2. Acquire, upgrade, and sell out-of-date housing at key locations. 3. Improve multi family rental property at key locations. 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 his analysis of the applications compliance with the variance criteria. (Exhibit 1, Letter of Request/Applicant Responses to "Kiriance Criteria for Review.'). Staff provides the following review and analysis of the variance criteria. 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 a single family home and a detached garage on it and they may remain and be used in this manner regardless of outcome of the variance request. If denied, the applicant could still demolish the home on the lot and have a home that meets the setback requirements constructed on the lot. Board of Adjustments Case No. WA-09-10/Kuczek 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 not be altered. Even though the area surrounding the property in question is zoned R-1, the majority of the lots do not meet the 15 foot setback requirement. Many of the homes have been built within 5 feet of the property line. In addition, the lot has a detached garage that is 10 feet from the property line. 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. The existing home needs major interior and exterior renovations but the cost of such renovations warrant a new home being constructed on the lot. A new home will have a much more substantial impact on the property then renovations to the existing home would. The new home would help to increase property values in the area as well. A new home on the lot would also accomplish one of the goals of the N.R.S. by encouraging re-investment in existing neighborhoods. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. There appears to be no hardship due to the topography, shape, or location of mature landscaping. In addition the lot is relatively flat. However, the lot is only 85 feet wide and with 15 foot setback on both sides. This leaves only 55 feet of buildable area which is smaller than usual for a normal lot of 100 feet wide in the R-1 zone district. Regardless, the request is an inconvenience from the letter of the regulations. Staff finds this criterion has not 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 size of the lot and the location of the proposed home in respect to its 15 foot side yard setback. The applicant purchased the lot after the lot was platted and therefore did not have an interest in Board of Adjustments Case No. WA-09-1 0/Kuczek the property when a lot with substandard width in the R-1 zone district was created. The hardship has been created by the applicant selecting a manufactured home that is to long to meet the setback requirements. 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 believes the request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent 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 not cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. It also would not increase the danger of fire. 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. There are conditions present in the neighborhood that may necessitate the request for a variance. The majority of homes in the area or their accessory structures in the neighborhood have been constructed within the required 15 foot side yard setbacks. Staff finds this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. Board of Adjustments Case No. WA-09-10/Kuczek 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 dwelling units. 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 a 5 foot side yard setback variance to the required 15 foot side yard setback resulting in a 10 foot side yard. 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 side yard setback variance would not alter the character of the neighborhood. 2. There will be no negative impact to the public welfare or other properties in the area. 3. The request would not substantially increase the congestion in public streets, encroach into the sight distance triangle, increase the danger of fire or endanger the public safety. 4. The conditions necessitating the request are present in the neighborhood and are not unique to the property. Board of Adjustments Case No. WA-09-10/Kuczek Leroy A. Kuczek 10561 West 38th Avenue Wheat Ridge, CO 80033 Review of Request for Variance Project Description The property is located on 38th Avenue between Kipling and Youngfieid. It is on the north side of the street, second lot east of Nelson. The subdivision directly adjacent to the north is labeled Wheat Ridge Manor on city and county maps. The property contains two structures: a residence and a detached garage. The garage has one level with a storage loft. It was built in 1984 and is in good shape. The residence is a two-story, parts of which were built in the early 1900s. It is in need of a major remodel and I have been evaluating alternative ways to address this need for some time. The conclusion drawn is that best long term plan involves removing the existing residence, leaving the garage intact, and replacing it with a manufactured home in approximately the same position on the lot. I have been working with a builder on choosing the best model that suited my needs and fit my budget. Progress was slow until recently when the builder offered one of his model homes (installed at a viewing site in Colorado Springs) at a substantial discount. Prior to the offer, we had been focusing on houses in the 1200 to 1400 square foot range. Floor plans were comfortable but always had some attribute that didn't quite match needs. The model home offered is just over 1700 square feet and has a floor plan that is much better suited to my long term needs. It is an Energy Star home with R- 21 wall insulation, R-50 roof insulation, Y/ inch Thermal Pane windows, and other features intended to maximize energy efficiency. It is also being offered at a price approximately equivalent to the smaller houses being considered. Variance Request The lot is 85 feet wide and 200 feet deep, excluding the right of way for 38"' Avenue on the south end. Applying 15-foot setback rules to the east and west sides, a maximum width of 55 feet for any structure is allowed. The width of the proposed residence is 57 feet 4 inches: slightly more than fits the lot without variance. The east side of the property has no concerns. There is a fence separating me from the adjoining lot, but nothing else. The west side of the property, however, has a row of F"I H w Leroy A. Kuczek - Review of Request for Variance Page 1 of 4 utility poles which are used to supply electricity and communications to residences on that side. While these poles are on my neighbors' side of the property line, they are in small back yards with no access for trucks or other machines. Common sense dictates that I allow room for such maintenance operations when I make changes on my side. Clearly, I need to place the new residence so as to maintain reasonable separation from the east neighbor while maximizing access to the back of the lot. I am requesting that the east side setback be reduced from 15 feet to 10 feet for the new residence, leaving 17 feet 8 inches on the west. This will provide enough width for the larger house and address the other issues described above. Variance Criteria for Review A. 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. How does one define reasonable in this case? The proposed residence represents the best balance of cost and utility found to date. It has more room and a better layout than smaller alternatives. And, it could be considered more attractive and enhance ~..I property values in the area. All benefit the homeowner. That said, it is worth pointing 00 out that the city could benefit also. One would expect a new, slightly-larger house to generate higher tax revenues which, while probably not dramatic, still contribute to the 00 neighborhood. So, it would seem that reasonable in the context of the proposed project means better results for a given investment without significant impact to surrounding properties. I believe the quality of those results would be diminished if the variance is w denied. B. The variance would not alter the essential character of the locality. While multi-unit dwellings are present, the neighborhood surrounding on north, east, and west sides consists primarily of single family residences. The architectural style is predominantly ranch. Floor space in surrounding properties ranges from approximately 1000 square feet to 1800 square feet: some with basements, others without. The existing residence is a two story enclosing approximately 1370 square feet. The proposed residence is a ranch style of 1720 square feet, which is consistent in size and shape with surrounding properties. The new structure's position on the property will be about the same as the old. The driveway will remain in its current location and there will be no increase in traffic on/off the property. Other than the change from two story to ranch, there will be little difference in overall appearance. Leroy A. Kuczek - Review of Request for Variance Page 2 of 4 C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. Investment associated with this project is expected to be on the order of $200,000. This constitutes the upper limit on what I can sustain long term. The builder offers other floor plans that would fit on the lot without a variance. Unfortunately, these alternatives all carry substantially higher price tags. I have has delayed the project for months searching for an appropriate balance between utility and cost. These efforts were unsuccessful until the builder made his current offer. If this variance is denied, the project cannot go forward as planned. The search for a solution will resume. 0. The particular physical surrounding, shape, or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. The primary obstacle to progress is the property's shape. It is deep but not very wide. Current minimum lot width for R-1 zoning is 100 feet. The width of the lot under consideration is 85 feet. For reasons explained in item C, compliance would impose a financial hardship. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. No, the hardship was not created by the current owner. With the exception of the detached garage, the property is as it was when purchased 31 years ago. No subsequent changes, such as lot modification or subdivision, have occurred. F. 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. I believe I have made choices in terms of size, shape, placement, access, and cost that make the answer to all question no. Supporting information has been given above. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. FBI MCI W W Leroy A. Kuczek - Review of Request for Variance Page 3 of 4 Yes, this is a correct statement. Lots throughout the area north of 38`h Avenue are typically deeper than they are wide when viewed from the street they face. Of course, there is variation. Most of the homes in the Wheat Ridge Manor area were built in the late 1950s and individual properties change over the years. Nevertheless, side setbacks are frequently less than code requires now. I would not consider my request atypical for the area. H. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Not applicable. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Not applicable H w Leroy A. Kuczek - Review of Request for Variance Page 4 of 4 eat w ;W V t~ W w a, v -,c_ Mix 03872 03862 10595 03871 03870 03861 w 03860 O O 10505 10475 033875 03865 o 7 C\/ i qqT % c d nom' ~~Q) ~,y V M ~ 7 I I~ VVV v d J LL 0 I~ d1 ~r 1-i1gCr 1Syn1162~Q( ui - - - M i 44 z ~ O x X 2 1-7 Z5i ;--------57G a Q N 0 M N C* N a, ~t c9 a J 2 a5 a ~ 2 ka d41 8 L L C j 7- N ~ c dl W k rr( l 'd W } S: Lit! V, I 'D) i1J i• F y FI P-{f W-': oil a I ~ I n a F I I~ 4;~ • i I ~m T I ~ N p ~J Q~ i li ~i 6 E~ g I ~ ~ r r~_ e C ~ Pa °F I~1 pac a tiW W F; xr . F 4 r, r FT l` s q V,f-(,) 2 /0/ e, x- e6,q-- to la joy ROESCH JOHN J ORCHOLSKI JANINA A 3840 NELSON ST ORCHOLSKI JANINA ANNA WHEAT RIDGE CO 80033 3815 NELSON ST WHEAT RIDGE CO 80033 7008 3230 0003 5514 9660 7008 3230 0003 5514 9677 MAES JONATHAN WRIGHT KATHLEEN C MAES LAURA WRIGHT JAIME C 3862 NELSON ST 3860 MOORE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7008 3230 0003 5514 9691 7008 3230 0003 5514 APALACIO GILBERT B SADDLER SANDRA LEE 3871 MOORE ST WHEAT RIDGE CO 80033 7008 3230 0003 5514 HAND DONNA S 3865 MILLER CT WHEAT RIDGE CO 80033 BOYER DELBERT G JR BOYER YOLANNA S 3870 MOORE ST WHEAT RIDGE CO 80033 9721 7008 3230 0003 5514 9738 003 5514 9745 MALONE MARGARET M RENDON GEORGE MALONE GERALD D RENDON DONNA L 3755 DUDLEY ST 3872 NELSON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7 7008 tiuJlol~vd 3820 NELSON! WHEAT RIDGE 7008 3230 0003 5514 9684 MARTINEZ BRIAN A 1233 S FLOWQ DENVER CO ''~$vv 7008 3230 0003 5514 9714 7008 3230 0 RIDGE WILLIAM T 3875 MILLER CT WHEAT RIDGE CO 80033 008 3230 0003 5514 9752 3230 0003 5514 9769 7008 3230 0003 5514 9547 LONARDO MARIA HESON MARY E HUCKENPAHLER PATRICIA LEE LONARDO LOUISE ACHESON MELVIN R HUCKENPAHLER MARK L 2165 S EVERETT ST PO BOX 513 7391 W BAYAUD PL LAKEWOOD CO 80227 WHEAT RIDGE CO 80033 LAKEWOOD CO 80226 7008 3230 0003 5514 9554 7008 3230 0003 5514 9561 ?008 3230 0003 5514 9578 HALL DARLENE 10499 W 38TH AVE WHEAT RIDGE CO 80033 7008 3230 0003 5514 9585 GRONSKI JOSEPH J JR GRONSKI JERITH L 10545 W 36TH PL WHEAT RIDGE CO 80033 7008 3230 0003 5514 9615 CAROLLO FRANK CAROLLO NICOLE M 10580 W 38TH PL WHEAT RIDGE CO 80033 7008 3230 0003 5514 9646 PATTERSON ROBERT J PATTERSON SUSAN K 10595 W 36TH PL WHEAT RIDGE CO 80033 7008 3230 0003 5514 9431 ARELLANO JESSICA A ARELLANO ANDREW T 10605 W 38TH PL WHEAT RIDGE CO 80033 HAWKINS FAMILY TRUST GOPHER BRIAN J 10475 W 38TH PL GOPHER DELILAH ANN 10490 W WHEAT RIDGE CO 80033 38TH PL WHEAT RIDGE CO 80033 7008 3230 0003 5514 9592 BOARD OF TRUSTEES OF THE 7008 3230 0003 5514 9608 JEFFERSON COUNTY BORO JEANETTE G PUBLIC LIBRARY 10505 W 38TH PL 10200 W 20TH AVE WHEAT RIDGE CO 80033 LAKEWOOD CO 80215 7008 3230 0003 5514 9639 7008 3230 0003 5514 9622 GONZALEZSALVADOR WOLFRUM TERRY LEE QUINTANILLA SALVADOR 10559 W 38TH AVE GONZALEZ WHEAT RIDGE CO 80033 10560 W 38TH PL 7008 3230 D003 5514 9653 WHEAT RIDGE CO 80033 7008 3230 0003 5514 9424 KUCZEK LEROY A SCOVILLE JERRY L 10561 W 38TH AVE 10570 W 38TH PL WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ?008 3230 0003 5514 9448 7008 3230 0003 5514 9455 ANDRICK JOHN D EMERY THELMA ANDRICK LINDA M 10595 W 38TH AVE PL W 36TH TH 10585 WHEAT RIDGE CO 80033 W HEAT CO 80033 GE RID WHEAT 7008 7008 3230 0003 5514 9486 7008 3230 0003 5514 9462 3230 0003 5514 9479 ORCHOLSKI JANINA A FICCO LOUIS J m SHIVVERS 10691 W 38TH DIA A Y6 VE D ORCHOLSKI JANINA ANNA FICCO ANTHONY M i 10691 W 38, 10595 W 38TH PL 3650 VANCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033~M 7008 3230 0003 5514 9493 7008 3230 0003 5514 9516 7008 3230 0003 5514 9509 TIMARES NORMAN R TRUSTEE ITUGGINS 8133 W PJIM L TIMARES NATALIE TRUSTEE 8133 W OLK 2223 NICHOLS CANYON RD LITTLETON CO O 80123 LOS ANGELES CA 90046 7008 3230 0003 5514 9523 7008 3230 0003 5514 953E City of Wheatdge - 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 26-109.1)) October 8, 2009 Dear Property Owner: This is to inform you of Case No. WA-09-10 which is a request for approval of a 5 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 10 foot side yard setback for property zoned Residential-One (R-1) and located at 10561 West 38th 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 October 22, 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. WA0910.doc www.ci.wheatridge.co.us NE 21 sue wz-v2-1 KIPIING J • Np, W 42NONVE r,:z?z,?t" - ...,SUB PRD WO WEK V15T N 3 N A-1 LjA 1 A-1 5]9+5 3995 tj 39s3 R-2 113 C-1 : , . R-1 ` . R-1 I's PRD Wz-]9 47 wz-ear -77!q . R-C: . C-1 .o Ye NE 28 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SE 21 O 100 200 i00 °.00 F,n J DEPAPTMENTOF MAP ADOPTED: June 15, 1994 <oa~°° PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 m m m m rcm 0000000000 oE09o0E0099E99o9 oo9E0Eao 2 ' ENNNNONNNNENNNNNNw8oA NNNNNNNNNN N ~wwwwwwwwww wOwwwwowwwwOwwww wwwow w mmmmnmmmmm mO¢mrcrcOdnmmUmmmm mmzOmUd s 00000000°w$$Smomommmm°mmmmmm°mmmmm.°m °m ~mm°m°m°mm°. o °m a y ooooOp000000000000000OOp0000000000000 wwwwwwww.Wwww~w~99w((w99wwwwwwwwWwwWwww((.9w wwww O S O o oc 0 0 - 00_O_ _ _ ogogo oo 0 S oS O SOS O O O O O O 00 0900 _ _ _ _ _ _ _ _ _ _ K KKKKKKKRKKKKKnKKKKKfLKKKRKdd'K KKKKKKKK www.6wug Fl FF; FFF FFFFFFF FF ¢a¢aau~ u~6 ug u~ug ug ug waw¢waw a .a.¢. a w W.Www. au~u~ug u~u~ug u~ug¢aaaaa ci 33333333333333 x33333333333333333333 Z' ww ww w ww mNNmNNNUNNNUNd¢¢nd¢¢dd¢d¢¢ddd¢dd¢dnd¢ „ 0zzzw z zWz 000 O o pxxxxxxxxxxxxxxxxxxxxxxxx 2 O - m rm rrrrFtiFtiFt-0000 0 ON 0~ Opo 'ww .t-t- mmmmmm n , w Vl z `~°~Zmz EZZ zmm 0 333333333333333333333333 o~momommmoo~o omm mmmomoo~ mmmmmmm~"'rrmmoo e~nmmmrmm yNmooemm ° m~~ mmm mmmmmmm8888SSooooo000 oooog~~~g e' 6 mmmmmnnmmmmm~nmmrmmmm mmmmnrommwmmmmmm m -m mmmfmmmmmmmmm ~ m mmmmmmmm.Nmm moooooaaoo ooo.Wgo 00000 oooaoooo . . mmmm N . m m mmmmmmmmmmm mm . . mm y 000000000000000000000000000000000o0Vo wwww wwwwwWwW www 88S wwww wwwwwwwww Nw O S S S E S 8 000000 0 0008 0 0 0 O O 0 0 0 0 0 0 0 0 0 z W 0 009999 0 000000000 0---- p °---p---- aa s s a a a a a a p aW 3¢Q~a ww3 Fa a Q~¢¢a ~¢¢Q a ¢ a¢ ¢a¢p¢ 33aa¢3 aaaaa~z¢ 4 W.w Y Y YWWwW ~N= ~ u mmmm g3333o 33333333g3333533335333333333~°3 j. j F~-.HrprrrHHHH I-wwJJ>J» JJJ>-,FOw F QNNNWow NNNUN nNdn6Qnn66QQddd Qdnl/dnm6 Z O } Z U zzzwWzmwwzw~Kar w y O ° o p J d NO3 ~mmv i~p°m ¢~xxxxxxxxxxxix xxx ox~ xx x0N rr r~¢F- ~?m -r a>l~~~~-F--1- ~SS ~ ~www M p m O~w w JO t mzzzEdzmmm EOnmwcmim m`Pim mmm m>rmidzm v 3 N 303333333333333333 33 3 n m ~H °oo °o ~$°e~mem °rn nnumi 'm meev rv nn nm ~n `oRg or mO : ~ v ~ m ~ v i ~ n 0'8 'm rmmmm~mmmmmmn nwooooo000000oo 000 E z O a J 9¢ Q w Z z w < m S Y< S z Na OZm w, <?fw 5 Nrc oo N< w z0 z w w5 zz ~ o a rc 59 z n Oy,O z m a o-0 ~za0 o m W ZZ J oY N J ~ N Y Z F }Wz W O ZO n' o g rc~o ZNwm w 0 0 ap mp¢g W F w O d' ~ 2 ~ OR (9 N W09 OWYQ 2 Z 0 w }oz .oz d m 0 zm do k09W Q 0 n n 0<6 <UJ0 O J w JJ ¢Z 6wUm E 0 3 s mNfL EQx~ U d o On O¢ dO,a r z z J O o 0 U z z N N W W LL W j W W W Q F N ¢ U F d J way rc f¢ j 0 mw.N i-¢ a F a w w W W 9ZQ WQ ppW wwd F FNx}OF Z F QJZJQQN d'm o'KW2' ZW J~ ZEK OKZC < W O ,D - N O1 -OFD 'W f IRWI i O WZ ZJ ~ J " O JQEQ LL O Y x`2 0 . ¢ ¢Z 3 J~Y Zp ONJEZdO mWO¢ ~wO fO d j W ~ N Y J YJjO o°NaoixFV~,o WSSwowr~xi°rcozW °'5;owz m 0 J Z o~oW 3 ~ ¢rc O~- Umw-¢wz z pJ2UZ3d H =womaa¢On ww a O J¢0¢Opm000 JOaZE¢m 0 00>~3Mmm Q K K m Q x2m U x m m U'>i O."OQWd 0 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 October 22, 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 ifyou are interested in participating and need inclusion assistance. The following petitions shall be heard: 1. Case No. WA-09-10: An application filed by Leroy Kuczek for approval of a 5 foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 10 foot side yard setback for property zoned Residential-One (R-1) and located at 10561 West 38th Avenue. 2. Case No. WA-09-11: An application filed by David & Kathy Montgomery for approval of variances to minimum lot size and minimum lot width to allow for a three-family dwelling unit on property zoned Residential-Three (R-3) and located at 4000 Jay Street. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To be published: Wheat Ridge Transcript Date: October 8, 2009 Residential Worksheet Address: 1017-C ( Zoning: C-- Lot Size: sq. ft. Maximum Lot Coverage: Property in the flood plain? Al Lot Width: ft. 2 ' % Z )S sq. ft. Proposed Improvements: House: J~ZZO sq. ft. Addition to House: sq. ft. Shed: sq. ft. Detached Garage: sq. ft. Existin Improvement(s): House: sq. ft. sg Shed: Detached Garage: 5 sq. ft. Other: sq. ft. Proposed Lot Coverage: (Total) / , 7 % 26 7z sq. ft. Required Setbacks: FR 30 S S S R / Provided Setbacks: FR 3c~> S _ Zo S R 62 Maximum Height: ft. Maximum Size: Proposed Height: ft. Proposed Size: sq. ft. sq. ft. Access Notes For one and two-family dwellings, the fast 25' of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any property line, except when used as joint access for two or more lots. in residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width. One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet apart, measured from the interior edges. For all uses, one access point per property is permitted. Landscaping Notes For one-and two-family dwellings, one tree for every 70 feet of street frontage is required. 100% of the front yard and 25% of the entire lot must be landscaped prior to issuance of C.O. Street trees required: Street trees provided: 46~ AT LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29t" Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 ot 0 R 010(Please print or type all information) Applic nt L NJ A., eCCZ.L>*~-' Address 10.761 W. J8L* Atr Phone 7zo-1435-$53 City lAMEA-r -z, ge- State CO Zip $70 3,Z- Fax Owner A4 C- Address Phone City State Zip Fax Contact oyFl-ACAddress Phone City State Zip 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.) eZ 99~ Location of request (address): ~~~(o~ ~ ~1oG/JC~E Kok l 0~~~- 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 ❑ fTT mporary Use, Building, Sign ❑ Site Development Plan approval Variance/Waiver (from Section 2(r -26-5) ❑ Other: Detailed description of request: Required information: Assessors Parcel Number: W- 21L)- co- o4o Size of Lot (acres or square footage): Current Zoning: R- / Proposed Zoning: - ] Current Use: PC51bk- A rIAt, Proposed Use: SI''DgA/7-IA! 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-a from the weer ch ap rove action on his behalf. YN A F Signature ofApplica t / Subs ed a d sw n ~a of 20_ off_ N~ . IDUBLN aty 9y~. , My ssion expires To be filled out by staff- Date received Og Fee Recet No.012756 Case No. VIL/7g-w Comp Plan Desig. Zoning -7 Quarter Section Map 5-,47.21 Related Case No. Pre-App Mtg. Date Case Manager 'O~"z I October, 2009 City of Wheat Ridge Community Planning and Development Department 7500 W. 29th Ave. Wheat Ridge, CO 80033 To whom it may concern: Please find attached my package of information for consideration by the Board of Adjustments at their October 22 meeting. I am requesting a variance so that I may proceed with replacement of the current residence located at 10561 West 38"' Avenue. The plan is to demolish the existing house and replace it with a manufactured home in approximately the same location on the lot. The lot is 85 feet wide which, considering the side setbacks required by section 26-205 of the zoning regulations, allows a maximum width of 55 feet for any new structure. The manufactured model proposed is 57 feet 4 inches wide. I am requesting that I be allowed to reduce the east side setback from 15 feet to 10 feet. This will provide room for the new house while maintaining all other setback and area requirements. Please let me know if you need clarification or additional information on any item. Thank you for your consideration. Respectfully, I L royKuczek 561 West 38" Wheat Ridge, CO (303) 425-5965 home (720) 635-8532 mobile (303) 939-6682 office 80033 -CO yt J O a n co 1 4 6 4 ~ R +Y i i P l~ Lr) b ^J M M O O m OD o~ pf 6 m 0 m b N Ol N m ~Q~wJ W A 0 0 Y f.' ffy pC a U Y m A 0 Y q m W H ~ o d C4 O m . cp. F m h 9 m; R1 y m Y ~ Ss ~ m Y w U m ~ a o ° m ~ 4 O m o,C s+ bo 4. Mw 7 m m ~ o b to ~ ,4 P U m N m W A Q 0 Y m 0 U n 8L6t P Ulf 04DQ 0a3 diDluauinooC[ a;D;g ~ W N a w Q g ° •0m b m y a m v N °1 a o 1 N w A a m F q o c.5 3 1 O A Oo 0 C 0.F m m O o w CD 0 m w omm v l 'A' m o m O Y U Y - 41 N C V O y d PC U', O Q .~y C 7 0 C O 7s . , •O w m ° fa d 'a m m m O 'A O M q o m H ~ V] p a a D, •d q m o m m y a Ai .4 X; m m y? a o y., H W Ry q t 4L h Ap A '.O o O k O 0 O CO 0 E~ O V P,4, Y w ri 'g m O m rl i m manmmm ° - r a w~,G t N B q gi ° a 53 o , ;1 o o m1 ti Z > m ri o v o Rj . H .R. 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R v n osxvv tN JER, CO 80221 r BACK SIDE 1i 51 n FRONT SIDE BY DATE DRAWN HRN CHECKED 10/22/07 REVISION BY DATE SCALE FIJQUA HOMES C FUQUA HOMES INC. EXTERIOR ELEVATI❑NI X-7756BC❑ D Q J REAR END HITCH END r l EGRESS BEDROOM 2 (106 SF) i oQ OH RE KITCHEN SOFFIT F Nffo--Xl 132D I CA CLOSET 2 BATH rBEDROOM O O D W EGRESS r z do O EJ J WW L, a F- 0 DINING (122 SF) (286 SF) LIVING ROOM CA 0 MASTER BEDROOM (209 SF) EGRESS 0 0 0 BATH 1 l~ ,9Q~e J~ SAFETY ~Y GLAZED NOTE: FURNACE AND WATER HEATER, DUCTS AND RETURN AIRS FACTORY INSTALLED. BY DATE DRAWN HRN CHECKED 10/22/07 REVISION BY DATE. SCALE NOTEt THE 20X20 GRILL 7 RUNS BACK TO THE FURNACE :t•J THROUGH THE CEILING. CA = COLD AIR IN THE CEILING FUQUA HOMES FUQUA HOMES INC. TITLE NO. L..) ,.FLOOR PLAN APPROVAL F-7756BCO D M m N 0 i City of WheatPj LAND USE APPLICATION FORM COMMUNITY DEVELoPmENT Case No WA0910 Date Received _ _10/1/2009 Related Cases Case Planner Tietz Case Description [I foot sideyard setback variance for anew manufactured home App6cavrf 1~i Name Leroy A Kuczek Name I J Phone [720] 635 8532 Address 10561 W_38th Ave_ Gly Wheat Ridge__ State CO Zip'80033- L7 n IAAWMdt" Name LeroyA Kuczek I Name Phone F(720) 635 8532 J Address 10561 W. 38th Ave j.. City Wheat Ridge State C0j Zip 80033- _j,. Ce i r f a c f /n J n r~ h v v ~ Name Leroy A. Kuczek _ Name Phone [720]635.8532 Address. 10561 W. 38th Ave. City Wheat Ridge State CO Zip 80033-_ Pro~c!'J~rM~aim Address 10561 Street West 38t1nAvenute City Wheat Ridge State: CO Zip. 80033 L< Location Description Prolect Name Parcel'No. 39.214.00040_ 4tr Sectiorc'SE21 Distret No.::.;r. IF Resmerrs Pre App Date Neighborhood Meeting Date F App No: 5 ° .epat Re iew Date DISPesltl „a[nments~~ Rewevy 'y ~M~- f3od Type s''~'~a ~ eView' 1 ° ~ ~ „s.,.. a n..,,.r-r, . #aa fk . za^, a Public Hearing 210A C 10722/2009 f : . W A F Sn ti y } } ~ 4 y l.j; i t( i Y A 's~ ]5 Yde~ .ta ah5x N ti F f h ~Y At t 2Y 'p ~ d ~ x g ~ y4~ ra~ { , { S J Y 1-~' . } w S "1 M? ~ S ' ~ Y7 + f " ~ T 'i y - ~ . ~ ...1 , ~ 53n :+:~ya✓i, + q'r e+ ( T ti! ' ` ~ ~ . 1 . ¢ , h Y ~N n 4 f k' NL-5'iPTa LL,. _ -..s._..u~~_. i ..._.w~... ,.,._.,~.'b a . x... ._..Jv..._..-.J... ...............~..-...r-.z..s ..._v...-.u-....._~,,.. _...av.,, Disyaril~vn Case Disposition Disposition Date Conditions of Approval Notes . Resit Urd 11.:,1_ I CITY OF WHEAT RIDGE 18101/09 2:34 PH ed66 LEROY A KUCZEK RECEIPT NO:CDB882756 FMSD ZONING APPLICATION F ZONE FMSD ZONING REIMBURSEMENT ZREIM PAYMENT RECEIVED CK 7942 TOTAL AMOUNT 388.88 180.88 AMOUNT 488.88 488.88 el'