HomeMy WebLinkAboutWA-09-12e~da
® City of
Wheat~clge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Partial Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 3801 Urban
Street referenced as Case No. WA-09-12 Schafer; and
WHEREAS, City staff found basis for approval of one variance request, relying on criteria listed in
Section 26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file;
and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a 12.5 foot variance from the 25 foot side setback
requirement on property in the R-1 A zone district (Case No. WA-09-12/Schafer) is granted for the
property located at 3801 Urban Street; and
THEREFORE, be it also resolved that a that a 2.5 foot variance from the 10 foot rear setback
requirement is denied for the property located at 3801 Urban Street, based on the following findings
of fact:
Request A: 12.5 foot variance from the 25 foot side setback requirement
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
3. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
4. The request would not be detrimental to public welfare and would not be injurious to
neighboring property or improvements.
5. There have been no protests submitted during the ten-day public notification period.
With the following conditions:
1. The garage must be complimentary in building material and architectural style to the home
subject to staff review and approval through review of a building permit.
2. The parking of vehicles on site must meet off-street parking surface regulations in Section
26-501 and residential parking regulations in Section 26-621, which limit the number of
commercial vehicles that may be parked on a property that is residentially zoned to one (1).
Request B: 2.5 foot variance from the 10 foot rear setback requirement
This request has been denied due to the 10 foot public utility easement at the rear of the property.
No development is permitted wit$in public utility easements.
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Date
Ilk, A 4' ® City of
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Wh6atPud
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Case File DATE: January 20, 2010
CASE MANAGER: Sarah Showalter
CASE NO. & NAME: WA-09-12/Schafer
ACTION REQUESTED:
Approval of a 12.5 foot variance from the 25 foot side setback requirement and a
2.5 foot variance from the 10 foot rear setback requirement on property located at
3801 Urban Street and zoned Residential One A (R-IA).
LOCATION OF REQUEST:
3801 Urban Street
APPLICANT (S):
Barry Schafer
OWNER (S):
Barry Schafer
APPROXIMATE AREA:
14,533 (.33 acres)
PRESENT ZONING:
Residential One A (R-1A)
PRESENT LAND USE:
Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Site
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to make an
administrative decision.
1. REQUEST
The applicant is requesting approval of a variance of 12.5 feet (50 percent) from the required 25 foot side yard
setback (when side yard is adjacent to public right-of-way) AND approval of a variance of 2.5 feet (25 percent)
from the required 10 foot rear yard setback. The purpose of these variances is to allow for the construction of a
detached garage, approximately 990 square feet (22' x 45'), in the side yard.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of
Community Development to decide upon applications for administrative variances from the strict application of
the zoning district development standards that are not in excess of fifty (50) percent of the standard.
II. CASE ANALYSIS
The applicant, Barry Schafer, is requesting the variances as the property owner of 3801 Urban Street (Exhibit 1;
Lotter-of Request). Both variances are being requested so that the applicant may construct a one-story detached
garage, approximately 990 square feet in area, in the southwest corner of the lot. The applicant proposes to use
the garage to house vehicles, including trailers, which are currently parked in the side yard and front driveway
of the existing home (Exhibit 2 Site Photos). The trailer parked in the front side yard area is parked on grass
and thus does not meet off-street parking surface requirements per Section 26-501 of the Wheat Ridge Zoning
Code.
The property is located at the northwest corner of 38th Avenue and Urban Street and is zoned R-1A, a zone
district established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to
prohibit activities of any nature which are incompatible with the low-density residential character. There are
single family residential uses directly north of the property and across Urban Street to the east. The rear of the
property abuts an alley (Exhibt.2, Site Photos), with Kullerstand Elementary School directly to the west of the
alley.
The lot is an irregular shape since the side lot line along 38th Avenue is angled inward from west to east. This
angled lot line creates a side yard that is wide at the back of the property, but is significantly narrower toward
the front of the lot (E htbtt 3 Aerial P~ Access to the home and existing attached garage is to the east, from
Urban Street. There is an existing fence on the property line along 38th Avenue. The fence is 6 feet high for the
majority of the lot but steps down in the front yard area as required by code (Exhtbitr9, Srte. Photos).,
The lot size is approximately 14,533 square feet. The minimum lot size for a single family home in the R-lA
zone is 9,000 square feet. The R-IA zone district allows for 30 percent maximum building coverage. The site
currently has a single family home with attached 5-car garage, the footprint of which is approximately 3,064
square feet, making the current lot coverage 21 percent. The additional garage, at 990 square feet, will increase
the lot coverage to 27.9 percent'(Exhibit5, Stte-Pla"n)'. Although it is not depicted on the site plan, the garage as
proposed would required a paved driveway that connects with Urban Street and continues back (west) for at
least 25 feet.
The R-IA district requires a minimum 10 foot rear setback for major accessory structures over 10 feet in height
(the proposed garage is over 10 feet high). In addition, there is also a 10 foot utility easement that runs along the
Administrative Variance
Case No. WA-09-12ISchafer
rear of the property, in alignment with the 10 foot rear setback requirement. The R-IA district also requires a
minimum 25 foot setback, applicable to all structures, for any side or rear yard which abuts a public street.
Because the side yard of the property abuts 38th Avenue, the 25 foot side setback applies.
It would be possible to construct a detached garage in the rear yard that meets the setback requirements.
However, the garage would need to be oriented north-south (rather than the proposed east-west orientation
shown in Exhibit 2, Site Plan) since there is not enough room for the 45 foot length between the house and the
rear setback line. If the garage were constructed in the rear yard with a north-south orientation, access would
need to come from either (a) 38th Avenue or (b) an L-shaped driveway that would wrap around the south side of
the home from Urban Street. Option (a) is not feasible since, at the time of building permit review for the house
in 1991, access from 38`h Avenue for the home/attached garage was requested but denied by the Department of
Public Works. In addition, this option would require removal of the existing 6-foot fence on 38`h Avenue, as
well as removal of at least one tree and other landscape improvements installed by the owner. Option (b) is not
desirable since the driveway and garage configuration would take up most of the side and rear yard areas,
leaving little room for usable yard area.
It is also possible that the garage could be built in its proposed east-west configuration, but located 2.5 feet
further to the east so that it is not encroaching into the rear setback/ 10 foot utility easement. This option,
however, would push the garage even closer to the house (likely within 3-4 feet) and require a greater side
setback variance.
Construction of the garage requires at least one variance but it is a logical location based on the configuration of
the lot and the location of the existing home/attached garage. The proposed garage will utilize existing access
on Urban Street and remove from view vehicles that are currently parked in the side yard and in front of the
home. Because the proposed location is near the back of the lot, visual impacts from the local residential street
will be minimal. There are no abutting residential properties to the side or rear of the lot from which the garage
would be easily visible. The existing fence on 38`h Avenue and mature landscaping behind the fence will help to
screen views of the new garage from 38`h Avenue. Allowing the proposed variances will further increase the
value of the property and enhance the property by providing an enclosed parking area for the trailers currently
parked on site.
VARIANCE CRITERIA
In order to approve an administrative adjustment, the Community Development Director must determine that
the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met The
applicant has provided their analysis of the application's compliance with the variance criteria (Ezhtbtt 6). Staff
provides the following review and analysis of the variance criteria.
REQUEST A: A request for approval of a variance of 12.5 feet (50 percent) from the required 25 foot side yard
setback in order to construct a detached garage.
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 in use. The property
would still function as a single family residence regardless of the outcome of the variance request. Staff
finds that this criterion has not been met.
Administrative Variance
Case No. WA-09-12ISchafer
2. The variance would not alter the essential character of the locality.
The variance is not likely to alter the character of the locality. The R-lA zoning for the site allows for
accessory structures such as the proposed detached garage. Moreover, the single family home directly to
the north of the property has a detached garage in a similar location on its lot. The reduced side setback
of 12.5 feet does not abut a residential property or residential local street and should not have a visible
impact on the single-family neighborhood arranged along Urban Street. Visual impacts from 38in
Avenue, a collector street, should be minimized due to screening by the 6-foot fence and mature
landscaping.
Staff finds that this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this application, which
would not be possible without the variance.
The applicant is proposing a substantial investment in the property that may not be possible without the
variance. Without a variance from the 25 foot side yard setback, due to the unique configuration of the
lot, it would be impossible to construct a detached garage in the side yard without encroaching into the
minimum 3 foot separation required between the house and garage and/or blocking access to the rear
yard. While it would be possible to construct a garage oriented north-south in the rear yard without a
variance to the 25 foot side yard setback, this configuration would either require access from 38`"
Avenue - which is not safe or desirable - or require that most of the side and rear yards are not usable
due to garage and driveway space.
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 are no unique physical surroundings or topographical conditions. Although the lot is an irregular
shape, the lot is large enough that there is not a particular and unique hardship upon the owner. The
property is large enough to accommodate a single family home and large attached garage with side and
rear yards. The lot configuration is not unique since other single family homes on 38th Avenue in this
portion of the city also have side lot lines that angle significantly.
Staff finds that 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 alleged hardship relates to the location of an existing house and existing lot configuration. The
current owner was developer for the home/attached garage in 1992. Thus the portion of the hardship that
comes from the house's location was at least partially created by a person with a present interest in the
property.
Administrative Variance 4
Case No. WA-09-12/Schafer
The lot, however, was platted prior to the owner having an interest in the property. A significant portion
of the hardship - the angled side lot line - was not created by the owner or any other person with a
current interest in the property.
Staff finds that this criterion has 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.
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 property nor
impair adequate supply of light and air to the adjacent property. Since the garage is for vehicles already
parked on site, it should not substantially increase congestion in public streets. It should not increase the
danger of fire. It is unlikely that the request would have an impact on property values in the
neighborhood.
Staff finds that 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 no unique or unusual circumstances present in the neighborhood that are also present on the
property that necessitate the need for a variance.
Staff finds that this criterion has not been met.
8. Granting of the variance would result in a reasonable accommodation of a person with disabilities.
Staff finds that this criterion is not applicable. Single family dwellings are not subject to accessibility
requirements.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Staff finds this criterion is not applicable as the variance request involves a detached garage for a single
family dwelling.
REQUEST B: A request for approval of a variance of 2.5 feet (25 percent) from the required 10 foot rear yard
setback in order to construct a detached garage.
Staff did not complete an analysis of the review criteria for Request B (a 2.5 foot variance from the required 10
foot rear yard setback) due to the 10 foot utility easement that aligns with the 10 foot rear setback line. Utility
easements are created for the use of public utility companies only and structures may not be built within them.
The City therefore does not have the jurisdiction to approve this request.
Administrative Variance
Case No. WA-09-12/Schafer
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
REQUEST A: A request for approval of a variance of 12.5 feet (50 percent) from the required 25 foot side yard
setback in order to construct a detached garage.
Having found the application in compliance with the majority of the review criteria, staff recommends approval
of variance request. 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 variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible without the
variance.
3. The alleged difficulty or hardship has not been created by any person presently having an interest in the
property.
4. The request would not be detrimental to public welfare and would not be injurious to neighboring
property or improvements.
5. The garage should have a positive visual impact on the surrounding area by removing vehicles parked
on-site from view.
With the following conditions
1. The garage must be complimentary in building material and architectural style to the home
subject to staff review and approval through review of a building permit.
2. The parking of vehicles on site must meet off-street parking surface regulations in Section 26-
501 and residential parking regulations in Section 26-621, which limit the number of commercial
vehicles that may be parked on a property that is residentially zoned to one (1).
REQUEST B: A request for approval of a variance of 2.5 feet (25 percent) from the required 10 foot rear yard
setback in order to construct a detached garage.
There is a 10 foot utility casement across the rear of the property, in which no structure may be constructed. For
this reason, staff recommends DENIAL of this variance.
Administrative Variance
Case No. WA-09-12ISchafer
EXHIBIT l: LETTER OF REQUEST
LAND USE REQUEST/FXPLANATION OF THE REQUEST
WE ARE ASKING FOR A VARIANCE ON THE PROPERTY LOCATED AT 3801 URBAN ST.
CURRENTLY WE HAVE A MINIMUM SETBACK OF IS' AT THE REAR AND 25' ON THE SOUTH
SIDE. WE ARE ASKING FOR A VARIANCE OF 7.6" AT THE REAR AND 12'6" ON THE SOUTH
SIDE OF THE PROPERTY. WE ARE ASKING FOR THIS VARIANCE BASED ON ISSUES WITH
SETBACKS BECAUSE THE SOUTH SIDE OF THE PROPERTY ANGLES TOWARDS THE
PRIMARY RESIDENCE. IF WE ARE TO ADHERE TO THESE SETBACKS THE FRONT OF THE
GARAGE WOULD BE WITHIN 3 TO 4 FEET OF THE PRIMARY RESIDENCE. ACCESS TO THE
REAR YARD WOULD BE A SEVERE HARDSHIP. IN ADDITION ACCESS TO THE GARAGE
ITSELF WOULD BE LIMITED BY THE SIZE OF GARAGE DOOR WE COULD USE.
Administrative Variance
Case No. WA-09-12/Schafer
EXHIBIT 2: SITE PHOTOS
Administrative Variance $
Case No. WA-09-12/Schafer
I Side yard
Back of property, adjacent to alley (looking northeast)
Administrative Variance 9
Case No. WA-09-12/Schafer
Administrative Variance 10
Case No. WA-09-12/Schafer
EXHIBIT 3: AERIAL
Administrative Variance 11
Case No. WA-09-12/Schafer
EXHIBIT 4: SITE PHOTOS
Administrative Variance 12
Case No. WA-09-12/Schafer
EXHIBIT 5: SITE PLAN
EUI SURVEYING
8881 E. AMHERST DR. #F
DENVER, CO 80281
MAY 17,1991
L-0369
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PHONE 760-6242
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STREET ADDRESS: 12365 W. 38TH.AVE., WHEATRIDGE, CD.
LEGAL DESCRIPTION: LOT 1, POOLE MINOR SUBDIVISION, COUNTY OF JEFFERSON, STATE OF
COLORADO. .
IMPROVEMENT LOCATION CERTIFICATE:
MORTGAGE COMPANY: FIRST BANK WESSTLAND
TITLE COMPANY: LAND TITLE (82986184)
BORROWER: SCHAFER, BARRY AND LORI
I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR THE
ABOVE, THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT
IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF PENCE, BUILDING OR OTHER FUTURE
IMPROVEMENT LIVES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED
PARCEL ON THIS DATE, MAY 17,1991, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN
THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE AM NO ENCROACHMENTS UPON
I112.0ESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED,
THAT THEE IS NO APPARENT RVIDENCB OR SIGN OF ANY EASEMENT CROSSING OR BURDENING
ANY PART OF SAID PARCEL, EXCEPT AS NOTED, AND THAT THE PARCEL IS NOT IN A 100-YEAR
FLOOD PLAIN AS SHOWN BY F.I.R.M. MAP,COHMONITY PAM NO. 085079.005 C.
0 ~els~i •
BR B t P.L.S. 10 1
Administrative Variance 13
Case No. WA-09-12/Schafer
EXHIBIT 6: APPLICANT CRITERIA
EVALUATION
A) Should we be required to follow standard setbacks on the positioning of this garage. We would not be
able to freely access the entrance of the garage because it would be too close to existing house. In addition,
if we were to turn the garage on the property we would have no access from 38s' Avenue. If we were,
however gmuted access off of 3e avenue we would be under considerable casts for the removal of fence as
well as the removal of trees on the property. This property is a correct lot with an irregular lot that angles
inward from West to Cast. If we were granted a 12'6" setback at the front of the garage would still leave
approximately d 25' to 30' setback at the rear of the garage.
13) ; he variance would not after tite essential character of the locality because we border 38 ° ave. This
garage would help as a noise buffer to our residence and therefore improve the character of locality. As for
appearance the property will be done with a minimum of lap siding and if funds allow we intend to brick
and stucco to match the house.
C) The substantial investment that we are making in this garage is to assist in the exterior views of our
property. We have several vehicles, trailers, and trucks that could be removed from the front of our
property and placed in the rear garage and yard area. Therefore, this would tend to make the neighbors and
hopefully city representatives happier with the removal of autos.
D) As pointed out In Paragraph A this is an Irregular lot and we have no access f om 3e, If we have to
reconfigure our measurements and move this garage further in we would now have the expense of additional
concrete and the loss of grass and yard.
C) 'The irregularity of the property and sctba ks required by the city of Wheat Ridge are in place and have
been designated by the city and state and has not been crated by any person presently having an interest in
the property.
F) Granting this variance would have no detrimental effect to public welfare and or injurious to other
property and or Improvements now in effect. 'I here is no 4acent property, to said site that would have any
difficulties caused by said garage variance. We are bordered on the West t y a private driveway and beyond
this driveway is Kullerstrand elementary school. On the South is 3e avenue and across from 38* avenue is
a church.
G) The unusual circumstances necessitating the variance request are present in the, neighborhood arc not
unique to the property. Neighbors to the North have built a separate garage
H) Not Applicable
1) Not Applicable
Administrative Variance 14
Case No. WA-09-12/Schafer
e°'d
City of
WheatWdge
POSTING CERTIFICATION
CASE NO. WA-09-12/Schafer
DEADLINE FOR WRITTEN COMMENTS: December 23 .2009
I,
residing at
in e)
(address)
as the applicant for Case No. WA-09-12 , hereby certify that I have posted the sign for
Public Notice at 30 Urban Street
(location)
on this _LL day of Z?6d-e~he l , 20-67- and do hereby certify that
said sign has been posted and remained in place for ten (10) days prior to and including the
deadline for written comments regarding this case. The sign was posted in the position shown on
the map below. ,
Signature:
NOTE: This form must be submitted to the Community Developm t Department for this case
and will be placed in the applicant' s case file.
MAP
I~
v\j - a9- is/~'~'G-e'er
SCHAFER BARRY
SCHAFER LAURIE
3801 URBAN ST
WHEAT RIDGE CO 80033
KATHERINE FOOS TRUST
3825 URBAN ST
WHEAT RIDGE CO 80033
EDWA J F S ST
WHUEAT CO
WH 80033 3881
HOOKER DEBORAH J P
AELWYN JOEL F
12150 W 38TH AVE
WHEAT RIDGE CO 80033
GLORY OF GOD LUTHERAN
CHURCH
12200 W 38TH AVE
WHEAT RIDGE CO 80033
MOORE DEBBIE
12201 W 38TH AVE
WHEAT RIDGE CO 80033 3836
39-291-03-002 7009 1680 0001 2748 7675
39-291-03-001 7009 1680 0001 2748 7668
39-291-03-006 :7009 1680 0001 2748 7651
39-291-06-013 7009 1680 Ooo1 2748 7644
39-291-00-003 7009 1680 0oo1 2748 7637
39-204-03-022
7009 1680 0001 2748 7682
~J
41 City of
C Wheat~idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
7500 W. 2SP Ave. Wheat Ridge, CO 80033-8001
CERTIFIED LETTER NOTICE
P: 303.235.2846 F: 303.235.2857
December 14, 2009
Dear Property Owner:
This is to inform you of Case No. WA-09-12, a request for approval of a 12.5 foot
variance to the 25 foot side yard setback requirement and a 2.5 foot variance to the
10 foot rear yard setback requirement on property zoned Residential-One A (R-
IA) and located at 3801 Urban Street.
The applicant for this case is requesting an administrative variance review which
allows no more than a fifty percent (50%) variance to be granted by the Zoning
Administrator without need for a public hearing. Prior to the rendering of a
decision, all adjacent property owners are required to be notified of the request
by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on December 23, 2009.
Thank you.
WA0912.doc
www.ci.wheatridge.co.us
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ZONING MAP
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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
November 23, 2009
Barry and Laurie Schafer
3801 Urban Street
Wheat Ridge, CO 80033
Dear Barry and Laurie:
This letter is in regard to your application for approval of an administrative variance to allow a
freestanding garage on your property. I am sending back the paper work so it can be submitted as
a complete package.
In order for this to be considered a complete application, the following must be provided:
1. An application must be fully filled out and must be notarized. The application submitted
has not been notarized. It is also showing that you are asking for a change of zone or zone
conditions, instead of a variance. Attached is a blank land use case processing application.
2. A $200 filing fee for an administrative variance.
3. Proof of ownership.
4. Elevations of the proposed structure, if available.
Once you have all of the required documents together and submitted, we will assign a case
number and begin processing your request.
If you have any questions, feel free to contact me at 303-235-2848.
Sincerely,
el-
Meredith Reckert, AICP
Senior Planner
www.ei.wheatridge.co.us
[Space Above This Line For Recording Data]
DEED OF TRUST
MIN: 100196800021162297
DEFINITIONS
Loan Number. 2116229
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20
and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated September 25, 2006 together with all
Riders to this document.
(B) "Borrower" is Barry W. Schafer and Laurie G. Schafer as Tenants in Common and Not as Joint Tenants
Borrower is the truster under this Security Instrument.
(C) "Lender" is Home Loan Center, Inc., dba LendingTree Loans
Lender is a a California Corporation organized and existing under
the laws of California . Lender's address is
163 Technology Drive, Irvine, CA 92618
(D) "1Y ustee" is the Public Trustee of Jefferson County, Colorado.
(E) "MERS' is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS
is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI
48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated September 25, 2006 The Note
states that Borrower owes Lender Three Hundred Ten Thousand Five Hundred and Doll 00
Dollars (U.S. $ 310,500.00 ) plus interest. Borrower has promised
to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 01, 2036
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(Id) "Load" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
Note, and all sums due under this Security Instrument, plus interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
❑ Adjustable Rate Rider
❑ Balloon Rider
❑ 1-4 Family Rider
❑ Condominium Rider
❑ Planned Unit Development Rider
❑ Biweekly Payment Rider
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
nEM 9622L1 (0011)- ERS
(Page I of 12 pages)
❑ Second Home Rider
❑ Other(s) [specify]
Form 30061/01
GREATLAND ■
To Order0 k1-66933M9ME)Fax: 616.791-1131
(.n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions.
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar
paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to
order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-
of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(M) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry
(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the
Property; (ii) condemnation or other, taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or
(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(ii) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,
Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or
regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally
related mortgage loan" under RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has
assumed Borrower's obligations under the Note and/or this Security Instrument.
COLORADO-Single Family-Fannie Mae/iYeddie Mae UNIFORM INSTRUMENT Form 30061/01
DREATLAND ■
ITEM 96221.2 (0011)-MERS (Page 2 of 12 pages) To Order Call; 1-BDO-530.9393 OF= 616-791-1131
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and
the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all
renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created,
irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the
County of Jefferson
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
As per legal description attached hereto and made a part hereof
APN: 39-291-03-002
which currently has the address of 3801 Urban Street
[Street]
Wheat Ridge Colorado 80033 ("Property Address"):
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees
that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply
with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of
those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of
Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and
will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens
for taxes for the current year not yet due and payable.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due
under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment
under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent
payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by
Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or
(d) Electronic Funds Transfer.
COLORADO-Single Family-Fannie Mae/b7eddie Mac UNIFORM INSTRUMENT Form 3006 1101
GREATLANn ■
ITEM 9322L3 (ootl)-n1ER3 (Page 3 of 12 pages) To Order Call: 1-309-530-93930Fac 616-791-1131
Payments are deemed received by Lender when received at the location designated in the Note or at such other location as
may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial
payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse
such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments
are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not
do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied
earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No
offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments
due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and
applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the
Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it
became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security
Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay
any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic
Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the
full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until
the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and assessments and other
items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments
or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and
(d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or
at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any,
be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to
pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within
such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower
fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay
to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the
time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall
estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
COLORADO-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30061/01
cREATwND ■
REM 9622[4 (0011)-MERS (Page 4 of 12 pages) To Order Call:1400-530-93930rax: 616-791-1131
apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays
Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest
or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess
funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to
make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any,
and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower
shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower
is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal
proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but
only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the
date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this
Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by
Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not
limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts
(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and
tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each
time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage.
Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or
the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was
previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become
additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove
such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.
Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
COLORADO-Single Family-Faonie Mae/Freddie Mac UNIFORM INSTRUMENT Form 38061/01
REM 9ML6(OO11)--MFRS (Page 5 of12 pages) To Order Call: 1-890-53993930F ft6167914131
required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of
loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,
whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,
Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance
proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or
other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such insurance proceeds shall be applied in the order provided for in, Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a
claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,
or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to
any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security
Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence
for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,
Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation
proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs
and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation
for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender
may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such
an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or
any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,
misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in
connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's
occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might
significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for
whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,
COLORADO-Single Family-Fannie Mae/F7eddie Mac UNIFORM INSTRUMENT Form 3006 7101
ITEM 9622L6 (0011} GRFATIAND ■
-HERS (Page 6 of l2 pages) To OrderOalt 1-600-530-93930F 616-791-1131
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions
can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument;
(b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this
Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes,
eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may
take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such
interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage
required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage
insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in
effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such
loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender
again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate
provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower
does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements
with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are
satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the
mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may
include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any
affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a
portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or
reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share
of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or
any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,
and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive
certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance
terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the
time of such cancellation or termination.
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 JAI
aREATLANO ■
IrEM M22LT (0011)-MERS (Page 7 of l2 pages) To Order Oak 1-600-539.9393OFU: 616-791-1131
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall
be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,
Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property
to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether of not then due, with the excess, if any, paid to Borrower.
Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by
this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, thesums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous
Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,
destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately
before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are
then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in
the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days
after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the
third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment,
could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property
or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any
award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor
in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by
the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument
COLORADO-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - Form 30061/01
GREATLAND ■
ITEM 9622L6 (0011)-MFRS (Page 8 of 12 pages) To Order Call:1-800-630-9393OFu: 616-791-1131
but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower' § obligations under
this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this
Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument
unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as
provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for
the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited
to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this
Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.
Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan
charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.
Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when
mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall
be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be only one
designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it
or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until
actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law
and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument
are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by
contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the
word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person
and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
COLORADO--Single Family-Famte Mae/Freddie Mac UNIFORM INSTRUMENT Form 30061/01
31
REM 0622U (0011)-MERS (Page 9 12 es) GREATIAN~ of pages) To ONerOall:l-800.530.9393~FGREATLAND ■
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale
of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law
might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument.
Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the
Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and
valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the
following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together
with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change
in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument
and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There
also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,
the address to which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or
the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the
other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged
breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed
to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition" means a
condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects
COLORADO-Single Family-Fannie Maef reddie Mae UNIFORM INSTRUMENT Form 3006 U01
GREATLAND ■
ITEM 9622LIO (0011)-MERe (Page 10 of 12 pages) To Order Call: 1-800.539-93930W.. 616-791-1131
the value of the property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small
quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling,
leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use
or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower, prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any
other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the
notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may Invoke the power of sale and any other remedies permitted by Applicable Law.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of
default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as
provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee
shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the
notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by
Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the
Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the
notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of
the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee
may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will
be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the
sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security
Instrument; and (c) any excess to the person or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release
this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security
Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any
recordation costs and the statutory Trustee's fees.
24. Waiver of Homestead Borrower waives all right of homestead exemption in the Property.
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30061/01
To OrderCell:1-5W-530-93930im sc 616EAT-7L 1-1131
ITEM 9622L71 (0011}-MFRS (Page 11 of l2 pages) AND ■
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 12 of this
Security Instrument and in any Rider executed by Borrower and recorded with it.
n
(Seal) 1194 ~ A/~ (Seal)
Lau le G. Schafer -Borrower Barry W. SP_ -Borrower
Witness:
_ (Seal)
-Borrower
_ (Seal)
-Borrower
State of Colorado
County of Jefferson
Witness:
_ (Seal)
-Bonower
_ (Seal)
-Borrower
The foregoing instrument was acknowledged before me this day of
by Laurie G. Schafer, Barry W. Schafer
My commission expires:
Loan No.: 2116229
After Recording Return To: Home Loan Center, Inc., dba LendingTree Loans
163 Technology Drive
Irvine, CA 92618
COLORADO-Single Family-Fannie Mne/Preddie Mae UNIFORM INSTRUMENT - Form 30061/01
OREATLAND ■
ITEM OML12 (0011)-MERS (Page 12 of 12 pages) To ONar Calld-B00-53P9393OFw 616-791-1131
BJI SURVEYING
8661 E. AMHERST DR. #F
DENVER, CO 80231
L-0369 I/ PHONE 750.6242
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STREET ADDRESS: 12365 W. 38TH.AVE., WHEATRIDGE, CO.
LEGAL DESCRIPTION: LOT 1, POOLE MINOR SUBDIVISION, COUNTY OF JEFFERSON, STATE OF
COLORADO.
IMPROVEMENT LOCATION CERTIFICATE:
MORTGAGE COMPANY: FIRST BANE WESTLAND
TITLE COMPkgY: LAND TITLE (B2986184)
BORROWER: SCHAFER, BARRY AND LORI
I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR THE
ABOVE, THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT
IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING OR OTHER FUTURE
IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON 111E ABOVE DESCRIBED
PARCEL ON THIS DATE, MAY 17,1991, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN
THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON
1tIE.DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED,
THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF A14Y EASEMENT CROSSING OR BURDENING
ANY PART OF SAID PARCEL, EXCEPT AS NOTED, AND THAT THE PARCEL IS NOT IN A 100-YEAR
FLOOD PLAIN AS SHOWN BY F.I.R.M. MAP,COMMUNITY PANEL NO. 085079 005 C. ^
MAY 17,1991
t
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LAND USE REQUEST/EXPLANATION OF THE REQUEST
WE ARE ASKING FOR A VARIANCE ON THE PROPERTY LOCATED AT 3801 URBAN ST.
CURRENTLY WE HAVE A MINIMUM SETBACK OF 15' AT THE REAR AND 25' ON THE SOUTH
SIDE. WE ARE ASKING FOR A VARIANCE OF 7.6" AT THE REAR AND 12'6" ON THE SOUTH
SIDE OF THE PROPERTY. WE ARE ASKING FOR THIS VARIANCE BASED ON ISSUES WITH
SETBACKS BECAUSE THE SOUTH SIDE OF THE PROPERTY ANGLES TOWARDS THE
PRIMARY RESIDENCE. IF WE ARE TO ADHERE TO THESE SETBACKS THE FRONT OF THE
GARAGE WOULD BE WITHIN 3 TO 4 FEET OF THE PRIMARY RESIDENCE. ACCESS TO THE
REAR YARD WOULD BE A SEVERE HARDSHIP. IN ADDITION ACCESS TO THE GARAGE
ITSELF WOULD BE LMTED BY THE SIZE OF GARAGE DOOR WE COULD USE.
4NE4,
E PROCESSING APPLICATION
LAND USE CAS
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Pleases print or type all information) /
Address ~~0/ G4&6112 Phone~rq/(obq/
Applicant AAI-rv
City State CD Zip ~ffin Fax
Owner Address Phone
City State Zip Fax
pp ~9i~4q~
Contact Address PhoneL60,:35?e'
City State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.) ?
Location of request (address): J (FO
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 ❑ T porary Use, Building, Sign
.❑~ota _Development Plan approval~ ariance/Waiver (from Section )
Detailed description of request: IJ G~
Required information:
Assessors Parcel Nuc er: - 09 - .Q Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: Proposed Use:
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 accorgpll#,&. Applicants other than owners
must submit power-of-attorney from the owner which approved of fl ~N& - rr on;;lus=behalf.
Signature of Applicant
Subscribed and worn to mcithts; day of14 16V 20~
~ot~ry Pu lic
M$~ cgm~i issioii expires
To be filled out by staff: ~n~ ~/~~1 P t p
Date received y~1~ Fee $ d& 6i Receipt No lhllJ(X)3' Case No.
Comp Plan Desig. Zoning Quarter Section Map
Related Case No. Pre-App Mtg. Date Case Manager r,ouJc-! -Lr~
0
2
23
city of LAND USE APPLICATION FORM
Wheat i e
com.,mui 1i Y DEVELOPMENT
Case No W7912 I Date Received - 1 211 12 0 0 9!, Related Cases r777777Case Planner Showalter _J
Case Description Side & rear yard setback variances
i
1
Name Barry Schafer Name Phone (30.3_) 916 0910 _
Name 3801UrbanSt city Wheat Ridge. State CO,'. Zip 800-33-
F0--33-
flirnaerJn/nnraaJmn
Name Barry Schafer Name Laune Schafer Phone r
Address 3801 Urban St City Wheat Ridge Stale CO ii " Zip 60033-
CairJasJ/Aftmabw
Name Barry Schafer j Name Phone 1(303) 916-3423 Address City r7777777777 State F Zip I 1
J'mjesf J~Javmafinrr
'Address 3801 Street Urban Street .'city Wheat Ridge State CD Zip 80033 _p:
Location Description 1 Proiect Name
Parcel No. 3929103.002 Qtr Section: NE29 Distrct No.: III _ ,ii;
)70VJL w
Pre-App .Date
. r-
PMflV 4AW
Case Disposition _I
Conditions of Approval
Disposition Date
Notes
Status Open___ ___fa
CITY OF WHEAT RIDGE
12/01/09 3:39 PM edbb
BARRYAORI SCHAFER
RECEIPT NO:CDB003458 AMOUNT
FMSD ZONING APPLICATION F 200.00
ZONE
PAYMENT RECEIVED AMOUNT
CK 5168 208.08
TOTAL 280,00