HomeMy WebLinkAboutWA-09-11City of
Wheat -ridge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
November 3, 2009
Kathy Montgomery
31001 Clubhouse Lane
Evergreen, CO 80439
Dear Ms. Montgomery:
RE: Case No. WA-09-11
7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Please be advised that at its meeting of October 22, 2009, the Board of Adjustment APPROVED
your request for a 600 square foot variance to the minimum 12,500 square feet to allow for a 3
family dwelling unit on property zoned Residential-Three and located at 4000 Jay Street for the
following reasons:
1. The applicant is proposing a major investment in the property and community.
2. The request is consistent with the goals of the Neighborhood Revitalization Study.
3. The request will not alter the character of the neighborhood.
4. The request would not be detrimental to the public welfare.
5. The variance is being requested to legitimize the illegal conversion of the home and
construction of other structures by previous property owners.
6. The request will provide accommodation to people with disabilities.
7. The request will have a positive effect on property values in the neighborhood and will
encourage other reinvestment in the neighborhood
8. The illegal units are already in existence and have been for several years.
9. There will be no change in the existing conditions.
With the following conditions:
1. All building permits must be obtained prior to beginning renovations to the property.
2. A maximum of three residential units will be allowed on this property. No additional units
may be added to any of the structures. If additional units are added they will be required
to be removed.
3. The storage shed in front of the three car garage must be removed.
The Board of Adjustment also APPROVED your request for 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 for the following reasons:
1. The applicant is proposing a major investment in the property and community.
2. The request is consistent with the goals of the Neighborhood Revitalization Study.
3. The request will not alter the character of the neighborhood.
4. The request will not be detrimental to the public welfare.
www.ci.w heatridge. co. us
Kathy Montgomery
Page 2
November 3, 2009
5. The variance is being requested to legitimize the illegal conversion of the home and
construction of other structures by previous property owners.
6. The request will provide accommodation to people with disabilities.
7. The request will have a positive effect on property values in the neighborhood and will
encourage other reinvestment in the neighborhood
8. The illegal units are already in existence and have been for several years.
9. There will be no change in the existing conditions.
With the following conditions
1. All building permits must be obtained prior to beginning renovations to the property.
2. A maximum of three residential units will be allowed on this property. No additional units
may be added to any of the structures. If additional units are added they will be required
to be removed.
3. The storage shed in front of the three car garage must be removed.
Enclosed is a copy 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, 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 Field
Administrative Assistant
Enclosures: Certificates of Resolution
Draft of Minutes
cc: US Bank National Assoc.
03476 Stateview Blvd.
Fort Mills, SC 29715-7200
WA-09-11 (case file)
Building File
wwo91 Ldoc
CERTIFICATE OF RESOLUTION (COPV
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-09-11 (A)
APPLICANT'S NAME: David and Kathy Montgomery
LOCATION OF REQUEST: 4000 Jay Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-09-I1 (A) 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-09-11 (A) be,
and hereby is APPROVED.
TYPE OF VARIANCE: Approval of a 600 square foot variance to the minimum 12,500
square feet resulting in an 11,900 square foot lot to allow a three family dwelling unit.
FOR THE FOLLOWING REASONS:
1. The applicant is proposing a major investment in the property and community.
2. The request is consistent with the goals of the Neighborhood Revitalization Study.
3. The request will not alter the character of the neighborhood.
4. The request will not be detrimental to the public welfare.
5. The variance is being requested to legitimize the illegal conversion of the home and
construction of other structures by previous property owners.
6. The request will provide accommodation to people with disabilities.
7. The request will have a positive effect on property values in the neighborhood and will
encourage other reinvestment in the neighborhood
8. The illegal units are already in existence and have been for several years.
9. There will be no change in the existing conditions.
Board of Adjustment
Resolution WA-09-I1 (A)
Page two (2)
WITH THE FOLLOWING CONDITIONS
1. All building permits must be obtained prior to beginning renovations to the property.
2. A maximum of three residential units will be allowed on the property. No additional
units may be added to any of the structures. If additional units are added, they will be
required to be removed.
3_ The storage shed in front of the three-car garage must be removed.
VOTE: YES: BELL, BLAIR, BUCKNAM, FISHER, PAGE
NO: HOWARD
ABSENT: ABBOTT, HOVLAND, LINKER
DISPOSITION: A 600 square foot variance to the minimum 12,500 square feet resulting in an
11,900 square foot lot to allow a three family dwelling unit was APPROVED.
ADOPTED and made effective this 22nd day of October, 2009.
lkvu~L
'A+6 Bucknam, Chair
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
CERTIFICATE OF RESOLUTION 00pr
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-09-11 (B)
APPLICANT'S NAME: David and Kathy Montgomery
LOCATION OF REQUEST: 4000 Jay Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-09-11 (B) 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-09-11 (B) be,
and hereby is APPROVED.
TYPE OF VARIANCE: A 10 foot minimum lot width variance to the 80 foot lot width
requirement to allow for a three-family dwelling unit on property zoned Residential-Three.
FOR THE FOLLOWING REASONS:
1. The applicant is proposing a major investment in the property and community.
2. The request is consistent with the goals of the Neighborhood Revitalization Study.
3. The request will not alter the character of the neighborhood.
4. The request will not be detrimental to the public welfare.
5. The variance is being requested to legitimize the illegal conversion of the home and
construction of other structures by previous property owners.
6. The request will provide accommodation to people with disabilities.
7. The request will have a positive affect on property values in the neighborhood and will
encourage other reinvestment in the neighborhood
8. The illegal units are already in existence and have been for several years.
9. There will be no change in the existing conditions.
Board of Adjustment
Resolution WA-09-I1 (B)
Page two (2)
VOTE: YES: BELL, BLAIR, BUCKNAM, FISHER, PAGE
NO: HOWARD
ABSENT: ABBOTT, HOVLAND, LINKER
DISPOSITION: A 10 foot minimum lot width variance to the 80 foot lot width requirement to
allow for a three-family dwelling unit on property zoned Residential-Three was APPROVED.
ADOPTED and made effective this 22nd day of October, 2009.
Alan Bucknam, air Ann Lazzeri, Secretary
Board of Adjustment Board of Adjustment
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.publi welfare or other
properties in the area.
3. The request would not substantially increase the congestipn in public
streets, encroach into the sighfilstance triangle, increase the danger
of fire or endanger the public sa
4. The conditions necessitating the
neighborhood and argot unique to
5. Staff recommended approval.
Board Member FISHER stated
fabricated home are iustifrable.
Board
to the
present in the
for erecting a pre-
that he believed the house will add value
iation to the applicant for providing room
B. Case No WA-09-11: An application filed by David & Kathy
M gomeg for approval of (A) a 600 square foot variance to the
mmi~umP12,500 square feet, and (B) a 10 foot minimum lot width
variarce 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
Ms. Montgomery was sworn by Chair BUCKNAM. She stated that the property
is an existing three-unit rental that began as a single family dwelling in early
1960. It was converted illegally and is now in foreclosure and is visibly
deteriorating. However, it can be a viable attractive property with improvements
she plans to make if the variances are approved. She provided plans and cost
breakdowns for proposed rehab improvements to the property.
There were no other individuals present who wished
BUCKNAM closed the public hearing.
Board Member BELL commended the
improve this property.
Upon a motion by Board Member FI
BLAIR, the following resolution was
Whereas, the applicant
and
the Board. Chair
an endeavor to
by
an administrative officer;
Whereas, Board of Adjustment applii' Case No: WA-09-11(A) is an
appeal to the Board from the decision of an administrative officer; and
Whereas, tharpropertyhas been posted the fifteen days required by law and
in recognition tl at therg were no protests registered against it; and
f6f maybe granted without detriment to the
substantially impairing the intent and purpose of
eCity of Wheat Ridge.
that Board of Adjustment application Case No.
WA-09 1(A) be, and hereby is APPROVED.
Type of Var%aa Approval of a 600 square foot variance to the minimum
12,500 squa>~eet resulting in an 11,900 square foot lot to allow a three
family dwelling unit.
For the following reasons:
1. The applicant is proposing a major investment in the property and
community.
2. The request is consistent with the goals of the Neighborhood
Revitalization Study.
3. The request will not alter the character of the neighborhood.
4. The request would not be detrimental to the public welfare.
Board of Adjustment Minutes -4-
October 22, 2009
5. The variance is being requested to legitimize the illegal conversion of
the home and construction of other structures by previous property
owners.
6. The request will provide accommodation to people with disabilities.
7. The request will have a positive effect on property values in the
neighborhood and will encourage other reinvestment in the
neighborhood
8. The illegal units are already in existence andafve`been for several
ears. -
9. There will be no change in the existing condrtrori.
With the following conditions:
All building permits must be 6N
to the property.
2. A maximum of three residential umf9*1
No additional units may be added to a-b
additional units are added they will be r6
3. The storage shed in front of fifre4hree car
i- A'
The motion carried-5-1 with Board Nr beFM
to
be allowed on this property.
f the structures. If
wired to be removed.
[arife must be removed.
ARD voting no.
Upon a motion by Boar0;Member FISHER and second by Board Member
BUCKNX the;follov&e resolution was stated:
by an administrative officer;
Board'_ dlustment application Case No. WA-09-11(B) is an
the Boai%from the decision of an administrative officer; and
Whereas,-;,the property has been posted the fifteen days required by law and
in recognifion tliat 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-09-11(B) be, and hereby is APPROVED.
Type of Variance: Approval of a 10 foot minimum lot width variance to the
80 foot lot width requirement to allow for a three-family dwelling unit on
property zoned Residential-Three.
Board of Adjustment Minutes -5-
October 22, 2009
For the following reasons:
1. The applicant is proposing a major investment in the property and
community.
2. The request is consistent with the goals of the Neighborhood
Revitalization Study.
3. The request will not alter the character of the neighborhood.
4. The request will not be detrimental to the public WbIfare.
5. The variance is being requested to legitimize the illegal conversion of
the home and construction of other structures by, previous property
owners.
6. The request will provide accommodation to people- witJr disabilities.
7. The request will have a positive. effect on property values,in the
neighborhood and will encourage other reinvestment in tltea
neighborhood
8. The illegal units are already in exisie and have been for several
years.
9. There will be no change in,the existing conditions.
With the following conditions:
1. All buildim Limits must be obtained prior to beginning renovations
to thg_~roperty
2. A maxnsfx►~n of taftee residentUanits will be allowed on this property.
No add~t►on -Iz xmtYs may be a d to any of the structures. If
M-dditional spits are aedrey will be required to be removed.
3 ThestoYage sl`(n front of the three car garage must be removed.
Boaxd Member BU~KNAW ommented that approval of this application will
imftove an illegal station and be an improvement to the neighborhood.
The mot u arried 5-1 with Board Member HOWARD voting no.
5. CLOSE THPUBLIC HEARING
Chair BUCKNAM closed the public hearing.
6. OLD BUSINESS
There was no other business to come before the Board.
7. NEW BUSINESS
A. Approval of minutes - September 24, 2009
Board of Adjustment Minutes -6-
October 22, 2009
David and Kathy Montgomery 9-29-09
Foothills Property Group, LLC
4000 Jay Street Wheat Ridge, Co 80033
We are planning to make a substantial investment in this property. Those costs include the purchase
price, the cost of property inspections, and the fee for this variance request. In addition, we project
renovation and improvement costs to bring
this property up to code, and to make it an "A" quality
rental unit and an attractive and well maintained community neighbor are shown below.
Purchase Price:
$175,000
Exterior Improvements
Repair Sewer
$6,500
New Roof-All buildings
$15,800
Paint exterior-all buildings
3 500
Sub-total Exterior
$25,800
Rehabilitation/ Improvement Costs-Rental Unit 4000A
Install new windows
$3,500
- Carpet
2,000
Refinish hardwood floors
800
Paint interior
1750
Kitchen counter, backsplash, cabinets
2750
Install new Kitchen sink, faucet, dishwasher
800
Install used refrigerator, stove
875
Install new disposal
150
Convert fireplace to gas
700
Install new interior doors & hardware
750
Install new tub, faucets
700
Install new kitchen floor covering
800
Install new light fixtures int/ext
400
TOTAL REHAB Unit A
$15,975
Rehabilitation/ Improvement Costs - Rental Unit 4000 B
Install new windows
$3,200
Install carpet
2,600
Paint interior
1,750
Install used stove, refrigerator
875
Install new light fixtures
400
Convert fireplace to gas
700
Install new interior doors & hardware
750
Remodel bathroom
2,600
Install new kitchen floor covering
450
Install new hot water heater
600
Install 5/8" sheetrock on ceiling -firewall
7,300
Install new furnace
1,800
Install new gas line
700
Install new electric panel -separate panel
9,000
TOTAL REHAB Unit B
$32„725
Rehabilitation / Improvements costs - Rental Unit 4000 C
Install new front door
$475
Install floor covering
1875
Install new tub / toilet
575
Install new hot water heater
600
Install new light fixtures int/ext
225
Install used stove
250
Install gas line
450
Install new heater
600
Paint interior
650
Install new porch window
475
Install 5/8" sheetrock- garage ceiling $675
TOTAL REHAB Unit C $6850
TOTAL REHAB FOR A, 8, C $81,350.00
TOTAL COST $256,350.00
Cash Flow Projections
4000 Jay Street
Option 1-Two Rental Units
EXPENSE
Purchase Price $175,000.00
Rehabilitation Costs $ 74,500.00
Total $249,500.00
Loan: 70% Balance to Finance $174,650
30% Owner will pay $ 74,850
Origination Fee 1% 1,747
Total Owner invest $76,597
Expense explanation: $174,650 @ 6.5% for 30 Yr. Term = $1,104.00
$1,104.00+$150.OOTaxes +$100.00 insurance +$100.00 maintenance =$1,454.00
$1,454.00 x 12 months = $17,448 Annual expense
INCOME
Rent Unit A $1,000.00
Rent Unit B 700.00
Total $1,700.00
12 months rental income @ $1,700.00 pr. mo. _ $20,400.00
CASH FLOW RETURN ON INVESTMENT
$ 20,400.00 Annual Income $2.952 - 3.85% Insufficient Return
17.448.00 Annual Expense 76,597
$ 2,952.00 Annual Net Income
Cash Flow Projections
40W Jay Street
Option 2 - Three Rental Units
EXPENSE
Purchase Price $175,000.00
Rehabilitation Costs 81.350.00
Total $256,350.00
Loan: 70% Balance to Finance $179,445
30% Owner will pay $ 76,905
Origination Fee I.
Total Owner invest $ 78,699
Expense explanation: 179,445 @ 6.5% for 30 Yr. Tern = $ 1,134.00 payment pr, no.
$ 1,134+$150.00 taxes + $ 100.00 Insurance = $1,384.00 actual payment pr. mo
$1,384.00+ $100.00 avg. pr. mo maintenance = $ 1,484.00 pr. mo. Expense
$1,484.00 x 12 months = $17808.00 Annual expense
INCOME
Rent Unit A $1,000.00
Rent Unit B $ 700.00
Rent Unit C 450.00
Total $2,150.00
12 months rental income @ $2,150.00 pr. mo. _ $25,800.00
CASH FLOW RETURN ON INVESTMENT
$ 25,800.00 Annual Income 7 992 =10%
17.808.00 Annual Expense 78,689
$ 7,992.00 Annual Net Income
® City of
Wh6at-V4,44Ldge
CITY OF WBIEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO:
Board of Adjustment
DATE: October 22, 2009
CASE MANAGER:
CASE NO. & NAME:
Adam Tietz
WA-09-1 I/Montgomery
ACTION REQUESTED: Approval of a 600 square foot variance to the minimum 12,500
square feet and 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 (R-3).
LOCATION OF REQUEST: 4000 Jay Street
APPLICANT (S): U.S. Bank
OWNER (S): David and Kathy Montgomery
APPROXIMATE AREA: 11,900 square feet (.27 acres)
PRESENT ZONING:
PRESENT LAND USE:
Residential-Three (R-3)
Three Family Dwelling Unit
COMP PLAN LAND USE: Single Family Residential not to exceed 6 units per acre
(SF6)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
Case No. WA-09-1I/Montgomery
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 600 square foot (4.8 percent) variance to the
required minimum 12,500 square feet resulting in a 11,900 square foot lot for a three
family dwelling unit AND approval of a 10 foot (12.5 percent) lot width variance to the
80 feet required for both frontages when a three family unit is located on a corner lot
resulting in a 70 foot wide lot located at 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 variances from the
strict application of the zoning district development standards that are not in excess of
fifty (50) percent of the standard. The Director of Community may not make a decision
on a variance if the variance is less than fifty (50) percent if the variance would cause the
creation of additional dwelling units to occur. If this occurs the City Code empowers the
Board of Adjustments to hear and decide on variances from the strict application of the
zoning district development standards.
This variance application does cause the creation of additional units which would not be
allowed under the current zone district based on the lot size.
IL CASE ANLYSIS
The applicants David and Kathy Montgomery are requesting the variances as prospective
buyers for the property located at 4000 Jay Street. (Exhibit 1, Letter of Request) Both of
the variance requests are being requested to legitimize the illegal conversion of the single
family home into several units. The property is located on the northeast corner W. 40`h
Ave and Jay St. and is zoned R-3 which does allow for 3 family dwelling units but only if
the lot is over 12,500 square feet. (Exhibit 2, Aerial Photo) The R-3 zone district was
established to provide high quality, safe, quiet and stable medium to high-density
residential neighborhoods, and to prohibit activities of any nature which are incompatible
with the medium to high-density residential character.
The area in which the variance is being requested is located in a highly residential area as
there are no arterial streets or commercial corridors in proximity to the request. The zone
districts range from R-1 C to R-3. (Exhibit 3, Zoning Map) This has created a large mix
of residential uses in the surrounding neighborhood. Within proximity to the property in
question there are single family homes, duplexes, 3 family dwelling units, as well as large
multi-family units that have as many as 8-10 units. The properties directly to the east,
west, and south all contain larger multi-family structures. (Exhibit 4-6, Site Photos)
The property for which the variance is being requested contains 3 units but has several
buildings on the lot including the original home that contains two units; one detached
Board of Adjustments 2
Case No. WA-09-1I/Montgomery
garage that has a second story; a second three car garage; and a storage shed. ;(Exhibits 7-
10, Site Photos) The two story detached garage has one unit above the garage and at
some point it appears that the ground floor of this garage was in the process of being
converted into a fourth unit but was never completed. When the lot was subdivided it
was made too small to accommodate a 3 or a 4 family dwelling unit. However, the lot is
large enough to accommodate a duplex in the R-3 zone district as duplexes only require a
lot size of 9,000 square feet. Since the lot is approximately 11,900 square feet it does not
meet the size requirement for a three family dwelling unit. The lot is relatively long and
narrow which causes the property does look somewhat clustered with the number of
structures on it. Even though the lot is somewhat clustered, the structures do not exceed
the maximum lot coverage of 40 percent. The applicants have also stated they will
remove the storage shed in order to remove some of the "clutter".
The original home on the lot was constructed in 1960 as were most of the homes in the
area. At that time, the home was permitted to be constructed as the proper building
permits were obtained. Over the course of the years, all of the accessory buildings were
constructed without building permits ever being obtained. In addition, permits were
never obtained to convert the home into a two-family dwelling unit. This has led to the
determination that the home was illegally converted and the accessory structures illegally
built. Typically when structures have been converted or built illegally, they are required
to be converted back to what the original building permits were obtained for. At the
discretion of the Chief Building Official (CBO), there is some leverage to allow the
conversions or illegal buildings to continue to exist. This being, the conversions or other
illegal buildings can be brought up to code and permits are obtained to do so, then it may
be possible to allow them to remain.
The applicants have met with the CBO and have received all the information from him as
to what will be required to bring all 3 units up to the City's building code. As a result of
their discussions, the CBO will allow the units to remain if they are brought up to code
and permits are obtained to make those changes. The applicants plan to meet all the
building requirements and additionally will be upgrading many of the out-of-date items
used in the units. Exterior upgrades to the entire property are planned as well. They are
proposing to invest approximately $82,000 to upgrade, rehab, and bring all three units
into compliance with the building code. In addition to bringing the units into compliance
with the building code requirements, a variance must be approved in order to allow for
the three units to remain. If the variance is not approved the property would only allow
for two units. If a variance is approved and once the building renovations are complete,
the applicants do intend on keeping the property as a rental property.
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:
Board of Adjustments
Case No. WA-09-1I/Montgomery
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. Staff provides the following review and analysis of the
variance criteria.
REQUEST A: A request for approval of a 600 square foot variance to the required
minimum 12,500 square feet resulting in a 11,900 square foot lot to allow a three family
dwelling unit
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 two detached garages and
a storage shed 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 purchase the
property and legally convert the home into a duplex and use it in this manner.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be
altered. The property is located in a residential neighborhood with zoning that
allows for single, two-family, and multi-family attached dwelling units. The
neighborhood is comprised of all three property types. Many of the existing
multi-family units are on lots that would be considered substandard with respect
to today's zoning regulations. However, these units were constructed when the
development standards allowed for multi-family dwelling units to be constructed
on smaller lots.
All of the units will be upgraded and the exterior of the units will also be
upgraded to make the units of a higher quality. The development also will be
more attractive by improving it from its current and previous state.
Staff finds this criterion has been met.
Board of Adjustments
Case No. WA-09-1I/Montgomery
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 clearly proposing a major investment in the property that will be
in compliance with the Neighborhood Revitalization Strategy (NRS) and other
documents supported by the city that encourage reinvestment and property
improvements. The existing units need major interior and exterior renovations
but the cost of such renovations warrant that the three units remain.
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. The request is more of 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 was created by the creation of illegal units by
previous property owners. The applicants are trying to legitimize the units by
bringing them up to code and obtaining variances to allow them to remain. Since
the applicants did not convert the home or build the additional units and garages
they did not have an interest in the property when the hardships were created.
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
Board of Adjustments
Case No. WA-09-1 l/Montgomery
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.
7. 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. There are other multi-family units in the neighborhood that are on
smaller lots than what would be allowed by today's zoning code. In addition, the
three units have been used as such for several years. The applicants are not
creating a new condition on the property or in the neighborhood by keeping the
three units.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
The City of Wheat Ridge codes will have to be followed when the proper permits
are obtained in order to allow three units to remain. When the permits are
reviewed, they will be reviewed to ensure that they do meet all requirements
including those which require the units to be upgraded to be able to accommodate
persons with disabilities.
Staff finds this criterion has been met.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
The Architectural and Site Design Manual does not apply to single and two
family dwelling units.
Staff finds this criterion is not applicable.
REQUEST B: Approval of a 10 foot lot width variance to the 80 feet required for both
frontages when a three family unit is located on a corner lot.
Board of Adjustments
Case No. WA-09-1I/Montgomery
1. The property in question would not yield a reasonable return in use, service
or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located.
If the request were denied, the property would continue to yield a reasonable
return. The property currently has a single family home two detached garages and
a storage shed 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 purchase the
property and legally convert the home into a duplex and use it in this manner.
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. The
request would legitimize the three units on a narrow lot. In addition, the condition
already exists today and will not change if the variance is approved.
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 clearly proposing a major investment in the property that will be
in compliance with the Neighborhood Revitalization Strategy (NRS) and other
documents supported by the city that encourage reinvestment and property
improvements. The existing units need major interior and exterior renovations
but the cost of such renovations warrant that the three units remain.
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. The request is more of 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.
Board of Adjustments
Case No. WA-09-11/Montgomery
The hardship described above relates to the narrow lot and the number of units
that are on the property. The lot was not platted or subdivided by the applicants.
They also did not create the illegal units on the property as they were constructed
by previous property owners. The applicants are trying to legitimize the units by
bringing them up to code and obtaining variances to allow them to remain. Since
the applicants did not subdivide the property or construct the three units, they did
not have an interest in the property when the hardships were created.
Staff finds this criterion has been met.
6. The granting of the variance would not be detrimental to the public welfare
or injurious to other properly 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.
7. 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. There are single family, two-family and other multi-family units
in the neighborhood that also do not meet the requirements for lot width when a
property is on a corner lot.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Board of Adjustments
Case No. WA-09-11/Montgomery
The City of Wheat Ridge codes will have to be followed when the proper permits
are obtained in order to allow three units to remain. When the permits are pulled,
they will be reviewed to ensure that they do meet all requirements including those
which require the units to be upgraded to be able to accommodate persons with
disabilities.
Staff finds this criterion is has been met.
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
REQUEST A:
Having found the application in compliance with the majority of the applicable
review criteria, staff recommends APPROVAL of a request for approval of a 600
square foot variance to the required minimum 12,500 square feet resulting in a
11,900 square foot lot to allow a three family dwelling unit.
Staff has found that there are unique circumstances attributed to this request that
would warrant approval of a variance. Therefore, staff recommends approval for
the following reasons:
1. The applicant is proposing a major investment in the property and
community.
2. The request is consistent with the goals of Neighborhood Revitalization
Study.
3. The request will not alter the character of the neighborhood.
4. The request would not be detrimental to the public welfare.
5. The variance is being requested to legitimize the illegal conversion of the
home and construction of other structures by previous property owners.
6. The request will provide accommodation to people with disabilities.
7. The request will have a positive affect on property values in the
neighborhood and will encourage other reinvestment in the neighborhood
8. The illegal units are already in existence and have been for several years.
9. There will be no change in the existing conditions.
With the following conditions:
Board of Adjustments
Case No. WA-09-11/Montgomery
1. All building permits must be obtained prior to beginning renovations to
the property.
2. No additional units may be added to any of the structures. If additional
units are added they will be required to be removed.
3. The storage shed in front of the three car garage must be removed.
REQUEST B:
Having found the application in compliance with the majority of the applicable
review criteria, staff recommends APPROVAL of a 10 foot lot width variance to
the 80 feet required for both frontages when a three family unit is located on a
corner lot.
Staff has found that there are unique circumstances attributed to this request that
would warrant approval of a variance. Therefore, staff recommends approval for
the following reasons:
1. The applicant is proposing a major investment in the property and
community.
2. The request is consistent with the goals of Neighborhood Revitalization
Study.
3. The request will not alter the character of the neighborhood.
4. The request would not be detrimental to the public welfare.
5. The variance is being requested to legitimize the illegal conversion of the
home and construction of other structures by previous property owners.
6. The request will provide accommodation to people with disabilities.
7. The request will have a positive affect on property values in the
neighborhood and will encourage other reinvestment in the neighborhood
8. The illegal units are already in existence and have been for several years.
9. There will be no change in the existing conditions.
With the following conditions:
1. All building permits must be obtained prior to beginning renovations to
the property.
2. No additional units may be added to any of the structures. If additional
units are added they will be required to be removed.
3. The storage shed in front of the three car garage must be removed.
Board of Adjustments 10
Case No. WA-09-11/Montgomery
Foothills Property Group, LLC
31001 Clubhouse Ln.
Evergreen, CO 80439
September 29, 2009
City of Wheat Ridge
Board of Adjustment
Application for Zoning Variance
Property Address: 4000 Jay St.
Wheat Ridge, CO 80033
Explanation of Request for Variance
We request this variance to allow the three existing residential units on this
property to be rented.
We are currently under contract to purchase the property at 4000 Jay St. Our purpose
is to purchase the property as a rental / investment property and to rent the three units that
are existing on the property. The purchase contract is contingent on the approval of this
request for variance.
History rl
Over the years since this property was built as a single family residence, it has been
remodeled and additions to the property have been made to convert the property into a three
unit rental. ~
The current zoning of this property is R-3, which is the appropriate zoning for
properties that have three rental units. I"'I
Also in the years since this sub-division was platted, the lot size requirements for a
property to have three rental units has been changed. The updated size requirements make
the lot size at 4000 Jay St. to small to legally allow the three existing rental units on the r
property to be rented. W
Today
The property is bank-owned, empty, in a deteriorating condition and becoming an
eye-sore in this neighborhood. Our purchase of this property as a rental investment property
would allow the repair and improvement of the property and neighborhood, without changing
the character of the property.
Reauest
We request a variance regarding the size of the lot, to allow three residential rental
Units on the property.
Respectfully Submitted,
Kathy and David Montgomery
Foothills Property Group, LLC
~4
1.
F
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Application for Zoning Variance - 4000 Jay St.
Kathy and David Montgomery
Foothills Property Group, LLC
31001 Clubhouse Ln.
Evergreen, CO 80439
Response to Variance Criteria
The following criteria from the City of Wheat Ridge relating to variance submittals are important and
relevant to this application. Each relevant criteria is addressed below.
A. There are currently three residential rental units on the property at 4000 Jay St.
Those include UnitA - Main house-ground level
Unit B - Main house - Garden level
Unit C-Apartment above the garage
PHOTOS OF THESE UNITS ARE INCLUDED IN THIS PACKET.
To be in compliance with the current lot dimensions/requirements that have been established
by the City of Wheat Ridge, only one unit could be rented. Without rental income from the
T*
other existing two units, the property will not cash flow, or make it financially feasible to make
the needed repairs, and code improvements.
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B. The granting o
is variance request wou
not a
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Repairs to the exterior of the buildings, roofs, and grounds are planned.
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C. We propose to make a substantial investment in this property with this app
not happen without this variance. Our sales contract to purchase this property is contingent on
the approval of this variance. Please see the projected cost breakdown for purchase price and
rehab/improvement expenses, included in this packet.
F. The granting of this variance will not be detrimental to the public welfare, or injurious to other
W
property or improvements in the neighborhood in which the property is located. No changes,
except exterior and interior improvements, are proposed to the property appearance. All
parking will be off-street, and as 40h St. is a dead-end at the rear of this property, no street
congestion is anticipated.
G. The request for this variance at 4000 Jay St. maintains the use of the property as it has been,
although illegally, for years. The approval of this variance would allow us to bring this property
into compliance with City of Wheat Ridge regulations, and building codes. Rental properties
surround this property, on three sides in the neighborhood, and are not unique to this property.
( please see additional information in this submittal packet)
3 C)o laal a q
7
I
CARTER SAMUEL F
DLE JERRE D
MITCHELL co
CARTER LILLIAN M
BIDDLE CLARA A
MITCHELL MAR E Jv1
3855 INGALLS ST
3870 INGALLS ST
10048 W 82ND LN
~d
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
ARVADA C080005
?li fJ\
7009 1680 0001 2748
7514 7009 1680 0001 2748 752
7009 1680 0001 2748 7538
WALTER PHILLIP D
EVANS JEREMY MICHAEL
MALLON MILDRED SANDRA
WALTER DENISE J
3890 INGALLS ST
3895 INGALLS ST
3880 INGALLS ST
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
7009 1680 0001 2748
7009 1680 0001 2748 7552
7545
7009 1680 D001 2748 7569
MAC LEAN ROBERT S
HARK SALLY
GONZALES MARY D
MAC LEAN SHERRY L
3911 INGALLS ST
4585 FIELD ST
L
3900
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
WHEAT T RIDGE
CO O 80033
W
7009 1680 0001 2748
7029 1680 0001 2748 7583
7576
7006 0100 0006 7651 3011
VILLARS DOUGLAS B
HEDBERG KRISTEN L EQUITY TRUST CO CUSTODIAN
VILLARS ANITA
3925 INGALLS ST
LEE RICHARD E
1403 S UNION CT
WHEAT RIDGE CO 80033
BOX 1135
SUPERIOR CO 80027
7006 0100 0006 7651
3035
CAPITAN NM 88316
7006 0100 0006
7651
028
7006 0100 0006 7651
3042
VERNON JAMES STANLEY
J MES JUSTIN BEAL
yANKO DIANA H
VERNON JANICE M
DEGRASSI ROBIN L
3965 INGALLS ST
901 GARRISON ST
3950 KENDALL ST
WHEAT RIDGE CO 80033
LAKEWOOD CO 80215
WHEAT RIDGE CO 80033
7006 0100 0006
7651
-3059,7006 0100 ❑OD6 7651
3066
7006 0100 0006 7651
3073
BOONE CASEY
WILLIAMS ZELMA L
KOBZEJ MARLEE E
BOONE JENNIFER
CHINN CHERYL
LILLIE MATTHEW E
3401 NEWTON ST
3990 KENDALL ST
3990 JAY ST
DENVER CO 80211
WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033
7006 0100 0006
7651
3080 7009 1680 0001 2748
7590
'008 3230 0003 5515
0000
U S BANK NATIONAL
--ANDERSON ROBERTA R
SHANKWEILER C NEIL
ASSOCIATION TRUSTEE
ANDERSON DAVID A
6532 BALSAM ST
3476 STATEVIEW BLVD
4000 KENDALL ST
ARVADA CO 80004
FORT MILLS SC 29715
WHEAT RIDGE CO 80033
7006 ❑100 0006
7651
29917008 3230 0003 5514
995
7008 3230 0003 5514
9967
CALDWELL LAWRENCE D
CALDWELL YOLANDA C
4004 JAY ST
WHEAT RIDGE CO 80033
7008 3230 0003 5514 9974
MCROBERTS DELBERT T
MCROBERTS JEAN
4006 KENDALL ST
WHEAT RIDGE CO 80033
7008 3230 0003 5514 9981
MORTON AUSTIN W LIFE
4020 JAY ST
WHEAT RIDGE CO 80033
DYSLIN LARRYG 7008 3230 0003 5514 9998
PLUMMER RODNEY N DYSLIN ELAINE C EICHELBER
1573 S GLENCOE ST 4030 JAY ST
4025 JAY ST
DENVER CO 80222 « j¢AT RIDGE CO 80033 WHEAT RIDGE CO 80033
7009 1680 0001 2748 7606 7006 0100 0006 7651 3004
i
7006 0100 0006 7651 3097
SPIELMAN CHARLES EDWARD SECHRIST ROBIN ELA SEAGREN JEANNINE V
BOYCE G N GREBER EMELIE J
4045 JAY ST
4040 JAY 4050 KENDALL ST
WHEAT RID O 003 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
7009 1680 OD01 2748 7613 7008 3230 0003 5514 9851
7009 1680 0001 2748 7620
BRIENZA JERRIAD E SOEHN JOHANNA COY CHRISTOPHER L
4055 JAY 4060 KENDALL ST 4065 JAY ST
WHEAT C 80x33 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
7008 3230 0003 5514 9868
7008 3230 0003 5514 9882
ZIIvIBELMANEARLW 7008 3230 0003 5514 987
NALLO GERALD M DEORIO DOMINICK G
ZIMBELMAN MARY SUE PO BOX 12151 DEORIO DEANNA C
2601 W 52ND AVE DENVER CO 80033 5714 SHASTA DR
DENVER CO 80221 LITTLETON CO 80123
7008 3230 0003 5514 9905
7008 3230 0003 5514 9
WEBB DUANE ANLAND NANCY A
FLYNN GREGORY S SCANLAND JUDITH A
1275 FRANKLIN ST 6095 W 39TH PL
DENVER CO 80218 WHEAT RIDGE CO 80033
7008 3230 0003 5514 9912
RELATIVE FLOW LLC
9160 W 66TH AVE
ARVADA CO 80004
7008 3230 0003 5514 9929 7008 3230 0003 5514 9936
JARVIS RANDAL L
6140 W 41 ST AVE
WHEAT RIDGE CO 80033
FWAL STEVEN PHILLIP
SCHNEIDER MICHAEL LOUIS
6155 W 39TH AVE
WHEAT RIDGE CO 80033
7008 3230 0003 5514 9776
SOLIS ARNULFO
6165 W 39TH AVE
WHEAT RIDGE CO 80033
7008 3230 0003 5514 9783 7008 3230 0003 5514 9790 7008 3230 0003 5514 9806
KLEIBER LINDA QUINTANA LAURA
6170 W 40TH AVE QUINTANA MANUEL F DILLON DIANE K 8124 19035 W 53RD PL ARCA CT
WHEAT RIDGE CO 80033 ARVADA CO 80005
7008 3230 0003 5514 9813 GOLDEN CO 80403
7008 3230 0003
7008 3230 0003 5514 982tr -
GARCIA JOSEPH E JARVIS GEORGE L CO TRUSTEE
GARCIA LORETTA J JARVIS NEDINE K CO TRUSTEE
6190 W 40TH AVE 13260 W 16TH DR
WHEAT RIDGE CO 80033 GOLDEN CO 80401
7008 3230 0003 5514 9844
7008 3230 0003 5514 9943
5514 9837
a
City of
Wheatl dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" 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.D)
October 8, 2009
Dear Property Owner:
This is to inform you of Case No. WA-09-11 which is a request for approval of variances to
minimum lot size and minimum lot width to allow for a three-family dwelling on property zoned
Residential-Three (R-3) and located at 4000 Jay Street. 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.
WA091 Ldoc
www.ci.wheatridgexo.us
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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 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 if you 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 38`" 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
esidential Worksheet
Address: ~J /j
Zoning: Property in the flood plain? %
Lot Size: 1 q~ sq. ft. Lot Width: V ft.
Maximum Lot Coverage: % sq. ft.
Proposed Improvements: Existing Improvement(s):
House: sq. ft. House: 2 sq. ft.
Addition to House: sq. ft. Shed: sq. ft.
Shed: sq. ft. Detached Garage: 70 sq. ft.
Detached Garage: sq. ft. Other: sq. ft.
Proposed Lot Coverage: (Total) 3-I. t sq. ft.
Required Setbacks: FR Zr S _ S R 1
Provided Setbacks: FR S Z S S R
Maximum Height: ft.
Proposed Height: ft.
Maximum Size: L/ 7O sq• ft.
Proposed Size: i _N I sq. ft.
Access Notes
For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site
shall be surfaced with concrete, asphalt, brick pavers or similar materials.
For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any
property line, except when used as joint access for two or more lots.
In residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width.
One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet
apart, measured from the interior edges.
For all uses, one access point per property is permitted.
Landscaping .-Notes
For one-and two-family dwellings, one tree for every 70 feet of street frontage is required.
100% of the front yard and 25% of the entire lot must be landscaped prior to issuance of C.O.
Street trees required: Street trees provided:
Q WHEgT
LAND USE CASE PROCESSING APPLICATION
u m Community Development Department
7500 West 29`h Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
COLOR A00 (Please print or type all information)
Applicant CJ4UIfJa kACHY MOt ITC GM ddress 31001 CLLL0 4AD116E W. Phone &>3 674-11549
City elye0ellZIEFIr.1 State CC Zip 80U&q Fax
Owner ~L ;eA"VLQAi10t3A.~. Address 0341/c '~-rA.MQtFA&y SL-VD. Phone
City 1=012T Mtuh State SG Zip aq'I 15-7240 Fax
Contact K,4,r"-( M01111Cac*AsZY Address 31001 CL.Lubk4oLLSE ul. Phone` (.0744546
City ;-:~Ve4zclo ~ State 0,0 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.) CELL..: 720- 310Y 4 3q'T P.tAW L,,. KL1> 4 nl@' PaVcohS • Corti
Location of request (address): 4000 JA-( ST. W 1-SAT- RIME, CO 2L.b53
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 QdVariance/Waiver (from Section )
❑ Other:
Detailed description of request: U r= 12EQLCer-~T A VAV IAAlGE R ✓G~A[zDl ti1C~ T41E L.07-
Y>IMF~R15101 1 4- TCTrA.L. =501rCOt'AdSIS TD AU-OUL) TlkrZe~ t 4eFB,17t~t rLA.L.
R EA1Tp~l um rlZ Ot~l T4S py-cee-42--rY
Required information:
Assessors Parcel Number: 3q - .243 - t6 - CC I Size of Lot (acres or square footage):
Current Zoning: R 3 Proposed Zoning: I2- 5
Current Use: pin 47 s~ t U t~l(:C c t l1~IEt~ Proposed Use: gem fi-At-.
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-attomeyy from owner which approved of this action on his behalf.
Signature of Applicant IQ' r~/~d117~ ~ A ^
Subscribed and swor o me this r ?n//Q day of 1 20 09
L CHRISTI ZOBERST
NOTARY PUBLIC
STATE OF COLORA00 Notary Public
My commission expires I1P1/1"ll
To be filled out by staff-
ecei tNo. 00-27(ase No.
Date received Fee$
9 R
'La
Comp Plan Desig. Zoning Quarter Section Map ~Wa--
Related Case No. Pre-App Mtg. Date Case Manager "T%af Z
Foothills Property Group, LLC
31001 Clubhouse Ln.
Evergreen, CO 80439
September 29, 2009
City of Wheat Ridge
Board of Adjustment
Application for Zoning Variance
Property Address: 4000 Jay St.
Wheat Ridge, CO 80033
Explanation of Request for Variance
We request this variance to allow the three existing residential units on this
property to be rented.
We are currently under contract to purchase the property at 4000 Jay St. Our purpose
is to purchase the property as a rental / investment property and to rent the three units that
are existing on the property. The purchase contract is contingent on the approval of this
request for variance.
History
Over the years since this property was built as a single family residence, it has been
remodeled and additions to the property have been made to convert the property into a three
unit rental.
The current zoning of this property is R-3, which is the appropriate zoning for
properties that have three rental units.
Also in the years since this sub-division was platted, the lot size requirements for a
property to have three rental units has been changed. The updated size requirements make
the lot size at 4000 Jay St. to small to legally allow the three existing rental units on the
property to be rented.
Today
The property is bank-owned, empty, in a deteriorating condition and becoming an
eye-sore in this neighborhood. Our purchase of this property as a rental investment property
would allow the repair and improvement of the property and neighborhood, without changing
the character of the property.
Reauest
We request a variance regarding the size of the lot, to allow three residential rental
Units on the property.
Respectfully Submitted,
Kathy and David Montgomery
Foothills Property Group, LLC
Application for Zoning Variance - 4000 Jay St.
Kathy and David Montgomery
Foothills Property Group, LLC
31001 Clubhouse Ln.
Evergreen, CO 80439
Response to Variance Criteria
The following criteria from the City of Wheat Ridge relating to variance submittals are important and
relevant to this application. Each relevant criteria is addressed below.
A. There are currently three residential rental units on the property at 4000 Jay St.
Those include UnitA - Main house-ground level
Unit B - Main house- Garden level
Unit C-Apartment above the garage
PHOTOS OF THESE UNITS ARE INCLUDED IN THIS PACKET.
To be in compliance with the current lot dimensions/requirements that have been established
by the City of Wheat Ridge, only one unit could be rented. Without rental income from the
other existing two units, the property will not cash flow, or make it financially feasible to make
the needed repairs, and code improvements.
B. The granting of this variance request would not alter the character of the property at all.
Repairs to the exterior of the buildings, roofs, and grounds are planned.
C. We propose to make a substantial investment in this property with this application, which will
not happen without this variance. Our sales contract to purchase this property is contingent on
the approval of this variance. Please see the projected cost breakdown for purchase price and
rehab/improvement expenses, included in this packet.
F. The granting of this variance will not be detrimental to the public welfare, or injurious to other
property or improvements in the neighborhood in which the property is located. No changes,
except exterior and interior improvements, are proposed to the property appearance. All
parking will be off-street, and as 40h St. is a dead-end at the rear of this property, no street
congestion is anticipated.
G. The request for this variance at 4000 Jay St. maintains the use of the property as it has been,
although illegally, for years. The approval of this variance would allow us to bring this property
into compliance with City of Wheat Ridge regulations, and building codes. Rental properties
surround this property, on three sides in the neighborhood, and are not unique to this property.
( please see additional information in this submittal packet)
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E.
PROTE .Ti'VE COVENANTS
I, If the parties hereto or any of them or their Fairs or assigns shall violate
o P'attemp to violate any of the covenants herein, if sha II be lawful for any other
person or persons owning real property situated in said deoelcpment or sub-
division to prosecute any proceedings of law or in equity 390in5f the person or
Sons violaf inq or attempting to violate any suer covenants and either to pre-
vent him or them from so doing or to recover damages or other dues for such
via ]often.
2. No but ]ding or structure shall be erected, placed, or altered on any lot
herein until plans, specifications, and plot plan showing the location thereof
z+en approved in writing as to general plan and external design and as
fg:= 4i,on with respect to property and set-back lines by the subdivider
his agent,
EVE suit
e ssor
heir r
. o asslyn s.
3. Nosingle family dwelling having a ground floor area of less than 750
sp.u Ti, feet., exclusive of open porches and gorages, shat be constructed on
afigj„¢'{,in this subdivision. No duplex or two family dwelling having a ground
"-f°I'6 riea of less than 600 square feet shall be constructed.
4. No garage, basement, barn, frailer, or other temporary outbuilding
erected on any lot shall be used as o permanent residence, nor shat I any old
structure or house be moved on to any lot and remodeled into a residence,
except by permission of the subdivider.
5. Nonoxiousar offensive trade or acfivitysholl be carried on upon any
lot, nor shall anything bedone thereon which may be, or may become, objec-
iionable to the neighborhood.
6. An easement 5 feet wide is reserved along side and rear lot lines for
afiltfy installation and maintenance.
7. Owners or occupants wil I not of any time keep any livestock, fowls, birds
rabbits, or other animals upon the premises except those allowed by Zone
Requ l at ions.
8. The Jefferson County zoninq ordinance is a'pert of this instrument and
vern the use of all land herein described and none of the foregoing
RS4`consirued as conflicting therewith.
99'-E Invalidation of any one of these covenants by judgment or Court Order
shall In no wise affect any other provisions which sholl remain in full force
and effect. 14
10.. These covenonts are to run wiih the [old, and shall be bind in upon all
ACT parties and all persons claiming under them until 'January 1, 19'0.
SASS 5 Sl Illuc,
RNEP C _N-l'
aVT p Hf
9EI iG N C.
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SURVEYOR'.
CONTRA. TD
,.Roy -0811F
e995 AL .ON 30:
AR Aa DmP:a, Approved by the Jefferson County Planning Commission
I his_L¢'4 day FuT PR RARER 1950.
CONTRA C 9
a ~/f',.Zli ~~~i✓,`
i7-6 RzRAD-1,c R, O b S E C P. c
ARV Ds OLOR Of ,Y CHAIRMPN
WRIGHT SUBDIVISION
z'
13 .1 10
14 '1 9
15 8
6 - 7
0
17 6 ~ ~
18 5
19
4
130 130 -i 50
.W. 40th Avo
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1 a °
A SUBDIVISION oFA PORTION OF THE Wli SE14, SW%4 OFSEGTION 24,T3S. R69W
OF THE 6TH P.M.
DEDICATION
Know a I I men by these presents: Theo E.D_P
owner of that portion of the W 1/2 of the SE II4, SW'4 of Section 24, T3S, R69W, cs
he rewiih described, in Jefferson County, Colorado, have laid out, platted and sub-
divided the Wlx2 of tl of the SWIV4 SErb SWrm of said Section 24, exceppI rig the
South 413.5 feet of the West 1 15 feet thereof, and the Wesi 5 acres of the NX41 SE r/4
SWI/,q of said Section, and the East r/2 of the NW14 SEU4 SWVq of said Section excep-
iinq the North 375 feet of. the East 170 feel thereof, into lots, streets and avenues as
hereon shown under the name and style of WRIGHT SUBDIVISION and do by
these presents, grant and dedicate to the public, in tee simple all such avenues
and streets.
J2
2 State of Colorado
County of Jefferson s.a.
3 "A The above and foregoing map and dedication of
5 DIVISION was ockngqw ledged before me this :17 day of
aL 1950, by
a
My Comm tssion Expires. k /6 / ,-O/
f-----W!38th. Ave.----
13250' io S E Con- of S w 1/4 f S 1' 24 3
Pf,
of
- - -W 41 si Ave..--
F rv
132.4 5p 50 a 130 492 9 130 p50 170
r 32 o r Sol 1662 4 Io14 d
o 2 o of 5 w. V of
- _ ~G«Ilon 24-3 69
311
30
29
d
v
28
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27
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$
26
25
32 4
50
24
~
115
23
22
21
20
I
sr,..1
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SCALE 1" • 100'
_4s r
~!r
Accepted for filing in the office o the Jefferson County Clerk °Y
P
end recorder this ry? day of_1950.
RECERTIaOPm r'-s N0N.V.RER CLERK ' A12MD OD RECOOR
R OEF
SUB
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i eP S~,
s
P Ve LId1 n
i 74
40
ENGINEER'S CERTIFICATE
I, P.'r1.Norrls, a RegFSIered Civil Engineerin and for the Stafe of 'r
Colorado, County of Jefferson, do hereby certify that the Survey and P.Ial of `rnJ
WRIGHT SUBDIVISION were made under my su pergqlsand that both ore :Fq
accurate to the best of my knowledge and b'eftef.
R GISTE ED CIYIL ENGfrv EER
Subscribed and 5worn to before me this day of
1950. by P.H.Norris.
I My _OmmLSSlor. Ea pir es / S'
fOTARY RUBL d lhti jo
APPROVALS "M
II The foregoing plot is approved, and conveyance of public ways road
and streets, shown ihereon is accepted by the County of Jefferson, Colorado
this12 day of 1~ 1950, Subject lathe following conditions;'
The County shall undertake maintenance of any such public way,
road o. street only after construction of such way, road or street has been satis-
'actorily clmpleted by the subdivider.
Board of County Commissioners
r
By f 'r )i 6yc l P'ir' tut.
CHAIRMAN SECRETARY
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IS8'49
The Existing Rental Units at 4000 Jay St.
(3 rental units)
Unit A
The Existing Mental Units at 4000 Jay St.
(3 rental units)
Unit B
The Existing Rental Units at 4000 Jay St.
(3 rental emits)
Unit c
Garage - 4000 Jay St.
Q 'yj ~
Support Documentation for the Approval of Request for Variance - 4000 Jay St. Wheat Ridge, CO
• Bringing the property up to Wheat Ridge Building Code requirements
We have met with Wheat Ridge Chief Building Official -John Schumacher to learn what changes
and improvements will be needed in a renovation to bring the property and rental units up to
current building codes.
Some of his requirements include:
1. Separation of utility metering for each rental unit -
a. We have met with Mr. Tim Cherry the area technician from Xcel Energy,
on site at the property to discuss making this conversion once the
property is purchased.
b. We have met with the City of Wheat Ridge Gas Dept., with Mr. Richard
Baca, on site at the property to look at the current gas service, existing
meters present and to discuss requirements for change.
c. Water- We have talked with Mr. Barry Hudson, Wheat Ridge Water
District Manager, who reviewed the existing conditions at the 4000 Jay
property, and has agreed to make recommendations and to work with
John Schumacher-Chief Building Official.
2. Firewall separation to be installed between the upper and lower rental units
in the main house, and between the ceiling of the garage and the apartment
above.
a. We have planned in the budget for renovation (attached) to have these
firewall separations installed.
3. Electrical panel -A separate panel and meter will be installed to service the
garden level residence.
We have completed a thorough property inspection to identify major problems and defects
present with the property. We have completed a sewer- line inspection to identify problems in
the sewer lines leading from the property.
Our cost investment in these inspections is $ 480.00.
The inspections identified major defects on the property that we plan to repair during the
property renovation that we have planned prior to renting the units. ( please see attached a
break -down of the investment expense that will be done in the property renovation)
• No physical additions or changes to the property. Numerous improvements are planned to up-
grade the property exterior ( ie: roof, paint, windows) and the interior of the rental units. No
other changes to the property exterior will be made, so there will not be a significant visual
change to neighborhood.
• Multi-unit Rental Properties - next door and across the street
There are multi-unit properties with more than three rentals surrounding the property at 4000
Jay St. Located directly across Jay St. to the west on the corner is an eight (8) unit rental
property. The addresses are 4009-11-13-15 Jay St. and 6201-03-05 and 07 40 h St. Directly across
40u' St. to the south there is the Del Rey Apartment building with multiple units, two story.
Directly behind the property at 4000 Jay, is a multi-unit rental property with 5 rental units and a
rear parking area. Photos of these properties are included.
Additional rental properties are located through-out the neighborhood that surrounds 4000 Jay
St.
Slumlord or Land Lord - Our perspective
We are sensitive to the direction that the City of Wheat Ridge has adopted toward reducing the
total number of rental properties that exist in the city. We understand the Community
Development Plan and the City's concern when considering a request for a variance that
continues the use of this property as rental property.
But, here are the reasons to grant this variance to us, out of other buyers that have looked at
the property and rejected it, based on the challenges in use and renovation that it presents.
1. We are committed to making the improvements in the property that are required.
2. We anticipate a substantial financial investment in the property ( see proposed budget for
renovation)
3. We are tenacious enough to make this application and invest further in a property we don't
yet own.
We are not a large property management or investment company. This would be our second
rental property purchase in Wheat Ridge. We believe that the appearance, the maintenance and
the quality of the condition of our rental property allows us to attract a better renter. Our intent
is to be an attractive neighbor and to keep the quiet, residential neighborhood quality in our
properties. We intend to use the garage at the back of the property for business storage, so we
will be present on the property almost daily.
The property at 4000 Jay will have off-street parking for all rental units.
This is an investment in real estate property for us, and we want to maximize the long term
value of the property by making regular improvements and doing consistent maintenance.
• Reality for the 4000 Jay St. Property
To be honest, any prospective buyer of the 4000 Jay property is going to view it as a rental
property. Due to the additions and renovations that have been made to the property it is no
longer viable as a single family residence.
The ability to rent the three residential units that are present on the property, must all be
rentable to make the renovations needed to bring the property to code compliance, and to an
"A" grade property, financially feasible. Without the variance that we are requesting, the ability
to rent three units, the property cannot cash flow.
The alternative is to let the property continue to sit empty, and to further deteriorate in
condition.
David and Kathy Montgomery 9-29-09
Foothills Property Group, LLC
4000 Jay Street Wheat Ridge, Co 80033
We are planning to make a substantial investment in this property. Those costs include the purchase
price, the cost of property inspections, and the fee for this variance request. In addition, we project
renovation and improvement costs to bring this
property up to code, and to make it an "A" quality
rental unit and an attractive and well maintained community neighbor are shown below.
Purchase Price:
$175,000
Exterior Improvements
Repair Sewer
$6,500
New Roof - All buildings
$15,800
Paint exterior-all buildings
$3,500
Sub-total Exterior
$25,800
Rehabilitation/ Improvement Costs-Rental U
nit 4000A
Install new windows
$3,500
Carpet
2,000
Refinish hardwood floors
800
Paint interior
1750
Kitchen counter, backsplash, cabinets
2750
Install new Kitchen sink, faucet, dishwasher
800
Install used refrigerator, stove
875
Install new disposal
150
Convert fireplace to gas
700
Install new interior doors & hardware
750
Install new tub, faucets
700
Install new kitchen floor covering
800
Install new light fixtures int/ext
400
TOTAL REHAB Unit A
$15,975
Rehabilitation/ Improvement Costs - Rental Unit 4000 B
Install new windows
$3,200
Install carpet
2,600
Paint interior
1,750
Install used stove, refrigerator
875
Install new light fixtures
400
Convert fireplace to gas
700
Install new interior doors & hardware
750
Remodel bathroom
2,600
Install new kitchen floor covering
450
Install new hot water heater
600
Install 5/8" sheetrock on ceiling -firewall
7,300
Install new furnace
1,800
Install new gas line
700
Install new electric panel - separate panel
9,000
TOTAL REHAB Unit B
$32„725
Rehabilitation / Improvements Costs - Rental Unit 4000 C
Install new front door
$475
Install floor covering
1875
Install new tub /toilet
575
Install new hot water heater
600
Install new light fixtures int/ext
225
Install used stove
250
Install gas line
450
Install new heater
600
Paint interior
650
Install new porch window
475
Install 5/8" sheetrock- garage ceiling $675
TOTAL REHAB Unit C $6850
TOTAL REHAB FOR A, B, C $81,350.00
TOTAL COST $256,350.00
Cash Flow Projections
4000 Jay Street
Option 1-Two Rental Units
EXPENSE
Purchase Price $175,000.00
Rehabilitation Costs $ 74,500.00
Total $249,500.00
Loan: 70% Balance to Finance $ 174,650
30% Owner will pay $ 74,850
Origination Fee 1% 1,747
Total Owner Invest $ 76,597
Expense explanation: $174,650 @ 6.5% for 30 Yr. Term = $1,104.00
$1,104.00+$150.OOTaxes +$100.OOinsurance +$100.00maintenance =$1,454.00
$1,454.00 x 12 months = $17,448 Annual expense
INCOME
Rent Unit A $1,000.00
Rent Unit B 700.00
Total $1,700.00
12 months rental income @ $1,700.00 pr. mo. _ $20,400.00
CASH FLOW RETURN ON INVESTMENT
$ 20,400.00 Annual Income $2.952 = 3.85% Insufficient Return
17.448.00 Annual Expense 76,597
$ 2,952.00 Annual Net Income
Cash Flow Projections
4000 Jay Street
Option 2-Three Rental Units
EXPENSE
Purchase Price $175,000.00
Rehabilitation Costs 81.350.00
Total $256,350.00
Loan: 70% Balance to Finance $ 179,445
30% Owner will pay $ 76,905
Origination Fee 1,794
Total Owner Invest $ 78,699
Expense explanation: 179,445 @ 6.5% for 30 Yr. Tern = $ 1,134.00 payment pr. no.
$ 1,134 + $150.00 taxes + $ 100.00 Insurance = $ 1,384.00 actual payment pr. mo
$ 1,384.00 + $100.00 avg. Fir. mo maintenance = $ 1,484.00 pr. mo. Expense
$1,484.00 x 12 months = $ 17808.00 Annual expense
INCOME
Rent Unit A $1,000.00
Rent Unit B $ 700.00
Rent Unit C 450.00
Total $2,150.00
12 months rental income @ $2,150.00 pr. mo. _ $25,800.00
CASH FLOW RETURN ON INVESTMENT
$ 25,800.00 Annual Income 7 992 =10%
17.808.00 Annual Expense 78,689
$ 7,992.00 Annual Net Income
Foothills Property Group, LLC
Managing Members: David F. Montgomery
Kathy F. Montgomery
Address: 31001 Clubhouse Ln.
Evergreen, CO 80439
Foothills Property Group, LLC is a small family owned real estate investment company. The business
includes the ownership and management of rental properties in New Mexico and Colorado. We are
personally involved in each property that we own, and take responsibility for the quality and condition
of each rental property.
We support and believe in beautiful, clean and well-maintained neighborhoods, and work to be good
community members where we own property. We seek properties and rent properties to individuals
that maintain the quiet, the street appearance, and the neighborhood atmosphere that is important in a
community like Wheat Ridge.
The Existing Rental Property at 4009, 4011, 4013 and 4015 lay St.
And 6201, 6203, 6205 and 6207 40th St. (8 rental units)
This property is directly across lay St. to the west from 4000 lay St.
The Existing Rental property at the Dal Rey Apartments
5130 W. 40Y1i St.
This property is directly across 40th St. on the south side from 4000 Jay St.
The Existing Rental Property at 3915, 3917, 3919 and 3921 Ingalls St.
(4 rental units)
This property backs up to 4000 !ay St. on the east side.
crtyor - LAND USE APPLICATION FORM
Wheat~idge
COMMUNFN TJEVEt,OPMENI'
Case .No
WA0971 Date Received 10/1/2009 Related Cases Case Planner Tietz
Case Description
Variances to setback and lot coverage to allow three residential units on R-3 zoned property
I~I
Afips6i7.W /mrerafiva
Name. David&Kathy Montgomer.. Name
Phone (303)8741545
_ _
Address 31001 Clubhouse Ln. _ City Evergreen State FLO71 'Zip80439- -
Owrrei/lr/ov~ahvn..
Name PS-Bank-National-Assoc- Name ~ ~ Phone F -
Address 03476Statevwew Blvd I.. City Fort Mills_ State SC Zip 29715.7200 _ 1'.'
-CesNact/n/onmafon
Name Kathy Montgomery Name Phone [303) 674-1545
_
Address 31001 Clubhouse Ln j City - Evergreen - State COQZip 80439-- 1
Pm] t/s.Vemsahar
Address 4000
Street Jay Str
e
et
City Wheat Ridge State CO Zip 80033
I
_
_
_ -
Location Description.
~ Project Name F-
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Parcel.No. 39-24348.001 f;Dtr Section SW24 _j Distict No.: fill 7*'
Reviews
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Case Disposition Disposition Date
Conditions of Approval _ Notes.
. _
Status c:
CITY OF WHEAT RIDGE
10/81/69 3:26 PM cdbb
FOOTHILLS PROP GROUP
RECEIPT HO:CDBOO2764 AMOUNT
FMSD ZONING APPLICATION F 380.88
ZONE
FMSD ZONING REIMBURSEMENT 180.80
ZREIN
PAYMENT RECEIVED AMOUNT
CK 1245 488.08
TOTAL 480.08