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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 `.G H 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. f th t ll l h h t t f h ld e proper y a a . ter t e c arac er o B. The granting o is variance request wou not a t Repairs to the exterior of the buildings, roofs, and grounds are planned. hi ill l i h M""I on, w w icat c 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 --j t N 111 N 3905 w93 NW 24 e1 9 wl M l M $1 $1 el 31 at at al OFFICIAL ZONING MAP WHEAT RIDGE COLORADO ~ 0 m DEPARTMENT OF vo a oP PLANNING AND DEVELOPMENT $I el el I el ml el $I eJ - PARCEULOTBOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) a a ax x $ 9 $ I az F 9~, Q5HNIROFF ~ R PL Su _ 8 m F N J W N. s x § _ ~ mss_ 10TH •A wss $ H R N $ s1 s m wzs W 35TH PL - 0 RT SU R W 35TH AVE ' • 3% 3 n p] 30A5 59 • ~ N xis I•~ V 3855 p & h _ _ i N.C m 3e S 24 ® O 100 400 Pmt MAP ADOPTED: June 15, 1994 Last Revision: September 10. 2 = oo~ooooo~~mmaooooo~ooooo000oooooa~o~oo~ooaoooo~ N NNJ wwwww J NNNNN NNNJ NNNNNNNNNNNNNNJNJNwowwwwwwwo o O w'K~R'llKd'd' U`Z llllR'fL fL R'll R'FKK d'K R'KllKfLK R'K R'KF rc~rcmU R'd'K KfL R'K U N ""m...m...MM ...'MMM mmm°mbmbm°mmmmmmm°mmm°mmm°mmmbm°mbmbm°p m mm.........mmb°mmmmbro°b°bmb°bmb m 2 00000000000000000000000000000000000000000000000 N UUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU WWWWWWWWWWWWWWwwww WWWW W WWW W WWWWWW WWWWWwww WWWWWW U' U' O O U O U U' O U U' U O D U U' U U' 0 0 0 O O U' (9 U O U O O O W 0 0 0 0 0 0 o w o 0 0 o co 0 0 0000UODUOUOOODUOOOOOOOODUOOUOUOUOU UUOOOODUOUmUO KKKK2KKttKKKKKKKttKKttKKKttttKLL'KKKttKKKK rc mrc rc mrc rc mrcmmzrc FQ FF QF FQ QF FQF QF QF FQ FQ QF FQ FQF QF QF<F QF FFFQF QF FQ QF QF QF QF QFF QFF <F QFF <F FQ QF <F QFF QF FFF WWWWWWWwWWWWWWWwWWWWWwWWWWWWWWWwWw WWwWWWWWwWwWW c~i 333333333333333333333333333333333 33 3 33 3 3 3 3 3 3 3 3 3 T W W W W W W { ~W W W W W FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF F>J» J» » » » > H NNNNNN N NNNNNN N NN N NNN NN NN NNNNNNNNNQ RQQRQQQa¢¢¢Q¢ J J J J J J NJJNJ JaJJ JJJaJJQ a a Q Q Q d ______F_______ >Z>o HFI-HF-NI-mOm~ 0000002¢¢>aaazaaz»>Z>Z>Z»»Z ° ° 0 Z N W¢ W<w¢ WaaaaWa waP m. eP am P a`nMPM~ zzzzzzw Yzz¢zzzW Z_ 0 33333333333333 d @ a NO1~00rpNO~mONbOONmOObOOPbOONOObObObN mONbOmbb~n OmgO nnm~n MthlhMMlm+1M ~~nmmMminn°P°P°P°P°P°P°P °P $$OP°P°P `m n 0 ` a yy oo °ooooooooo woo ooSnoooorvooooooorv o~wo°ooooo°P°bo°P mmm°mm°OMOm°m$$$m°m$$mb$°mmNmm$mm°mmm$mb$$mmmmmM°M°b°b°M°M°M°m°b°b°m°b°b°b°b°b m N d 2 00000000000200000000000000000000000000000000000 N UUUUUUUUUUUZUUUUUUUNUUUUUUUUUUUUUU UUUUUUUUUUUUU ww WWWWWW W WW WW WWWW WWWWwwww w WWwW W 0 m 00 000000 00 00 U' 000 corn U' 0 U' 00 00 c0co 00000000 o Coco 0 00 922222X2 ww wwwwwwpw oww ww =wwww wwwwwwww wwwz o ~ w x a x mx x ¢ z za wwjWwW wdw~W ww>Wwj~WWww WwWWWwwwi ~ wjwwWw~~ W~ X j 33330333333330 0 ka3xa o0 xa 3o 33¢333333N30533o33a ~5~5 3 T W p> WW y > R' F>ll F F FJ FFZFFFFFF F FFFFFFFJFHFFFHFFFHFFF NNJNNNNNNUN NNNNNNNONNNNNNNNNNNNNa mNaQQQQQaUQO W J W J J rv z O Z -J K¢ J JJJ JN JNN N JNfN N J JJ J JO R ` r Z ~QOQQ~ Z Q~ O Q X w' oz cz J Z Z W Z Z OmQQ UR' ocozooowow 200¢wOwwQ¢r W¢W'JQ WQWa ox mmNmmoMQOe ~ Z2~Z2ZYziJ?0U' Y?ZY-.mmY-~Y U'-»-SOY-~Y-~~n 4NLLMmPMMY~nUP~ 0 3 N N 3 3333333 33 NObOONO~bMN ON~OONbOPmOMNOObObOb~ PbbOObNOmp00 m$mmd10~0OPm mNm pOp T0lO 1pp~000N1~NMPPbbmbO I~ObPNbI~MNO~b O m M Oi~lM Mt +1 th«M M{ ~JM CJ i+I b ~+IVO V'V ~VVVVV'<OPN b~mmmmb M r r a Q q W W N N Z O J U ' W ¢ ¢ w LL o 0 N a° a~~ j a ' Q w_ a i<OWW a wz w 3 s5 U m oho ii J ¢z w Mw $ c N zol Q z O2 WW x O Q N < ow N N N U w m3m z w w w ¢N ¢ wwww ~O q d w w roves zz ZZj wc z U m m Z z_ 0 a i o w mw o ° a Q o w z ~ 0 0 a o~¢ s_ U ms3 S J~m 'MoJ ¢UN O 0 U' N OLLN N O 0- w W wN J K zZ O W W Q F Q f ~ Q O U m y a K OW UFw OZ m <Z W~ 0 W" JOQ JJ¢FUO.z ¢NaWw J EU' QU U j UNF O NZ r lwzQ w03> mw.zz a Q ` 0' >w w WOY w m0 R'Y mw NONmx 2WUom,W ZzU ~yFZa Z"lu J J ~W ~ ~z ~ m O w > U _ W~ ~00 O aOW W ZJO wWfL NO wZ0¢ N zQWJ WOK OZZLL> 7Zg~N0 Qllf2 mJll~N OOYO~NZNN~ ZZgIN-Oll R UC-miw2yZ U -Ow w WW2=z Y yW ZQ-O Uwmw? ~U Z O Z 'W <W ~ O ~ s 1 S~~ ZQ mO Z K i<0p0 > r R' Wd ZW FWxFNOJ wm N m m ? N W00 WY2 oW Z € 6' m Zm Z j 20US ~JN m xCO o~zgo0a zo ma oJrcx xw w m m ~ .]S UQ 4 aw ct~ WO aa 0Jw >2M M002Ww o-O mzaoo , ' o I ~ 0W ¢ x J a a m W'~>m 3YNJ QU2~ m W.Wwmw UNma WO-0.000-i 6ME 05 ; 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) SEP.23.200910:OOAM N0.6447 P. I "~1-l 00 Cl 14IJ5 REMnxarlialtm 1707 We Blvd. suite 101 GOLDEK CO $0401 Phow 3W=-2244 Kam 303-=4141 2 I(N% 7 maxiptdii aa~liom, Imne boea al "vedby #OCdoredo RedEd* CommoisaSon 4 '1$IBF=dnA81 gonANTIWALCO UOMAPrir1=pAI MOUlaC~ IFXGALAM 3 TA%O$OMMCDUN1lFT,B,EFMSIGdGM 6 7 a AGR1P2a1 UM TO ARC CONTRACT 9 10 ranc MMMM 17. 200 11 12 L M& sgeameat a th eomrace dared MoU 17. zotL (Cwnkaat)bdvmm 13 Paath=s 2Y69*ww 6sou=zw 14 15 tothesakandpmebaseofthefdlmViugdesrAbedrealm~oindesCountyot colmmdm 16 msYgne. 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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. ~WH P WR 9 O YAR 0 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 z b 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 N r 27 Y $ 26 25 32 4 50 24 ~ 115 23 22 21 20 I sr,..1 I 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 I~31•C`F 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 r. C-Z3J~r4~ ig v to 4l", 3Anoo a m 1 m fo p o O f~ ~ O 1QY .dJ ti Y cn M N M C M m O O ° a O O N O J ° U Z Weld o ss m .t9 O m N o O ~m .98 m 9C48 "Al Um O M M Q m > p J Q ~ o m 4 m 0 O N M a m m rn o 0 0 0 o f NN O t-; 3aai3S N N N N e M N N m N O O Aer spe6ul i m 0 O ^ m m O O O O N N N O °O N N m ° m °o 0 0 0 O M teens ainda Jewel o O °O ,a N pf I ^ m to ~ 0 0 o I m ..o ~ 2 1^1 `lol 'irl o~ `D spe6u~ V 17 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- - Parcel.No. 39-24348.001 f;Dtr Section SW24 _j Distict No.: fill 7*' Reviews Pie-App Date Neighborhood Meeting Date App No: _a F(5 ~Y F"' dHt u` +"C~.3°Y hQ .aExkY S` K P bV4w.4e" Reviev~~Type „'s ReQ~a~i`~~~~' ~`R'evi w~f~et ~f~is osi6on ~~~,,,~0"gmment ~ e o P?m Neanng -a" BOA 10/22I2009~ ! ,J CIf E~~`'±t YY..p 5 5 A '"FS ~ 2~ ! \ 63'^4 .e'14f y f cv Y i [ 4~ 0 4 ~ ~ k 'F ~ 3 5 I t 3 f ~ ~ ~ y 4 y YS+. 4G 'Yt jH ~A1 Z4 'l.j 1 Yh 5 G . ~'Y I %SI V l~ A'•YD ✓F v' F, t ~ a~L ~ d RIxM?..~ f 7 M -"IFT . Si N j 2 ~ r d 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