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HomeMy WebLinkAboutWA-10-01Sd( City of ` Wheat~dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building February 9, 2010 Robert Chapman 11595 West 32nd Ave. Wheat Ridge, CO 80033 Dear Mr. Chapman: RE: Case No. WA-10-01 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 January 28, 2010, the Board of Adjustment APPROVED your request for an 8-foot side yard setback variance from the 10-foot side yard setback requirement pursuant to Section 26-611.A.1 resulting in a 2-foot side yard setback for property zoned Residential-One and located at 11595 West 32nd Avenue for the following reasons: 1. The variance is for the purpose of replacing an existing open-on-three-sides patio roof of similar dimensions and setback encroachments. 2. The variance would not alter the essential character of the locality. 3. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 5. The request would not be detrimental to public welfare and would not be injurious to neighboring properties or improvements. 6. The covered patio should have a very minimal impact, if any, on surrounding properties. 7. Alternative locations for patio are limited especially due to the due to narrow lot width. The west side of house which is 18 feet from the side property line requires a 30-foot side setback since the side yard is adjacent to Simms, a public street, even with the provisions for the 2/3 reduction side setback for patios. 8. Staff recommends approval. 9. Emergency access to the encroached deck area is adequate as currently described. With the following conditions: 1. None of the three open sides shall be allowed to be enclosed in the future. 2. The unimpaired emergency access to the deck area shall be maintained. www.ci.wheatridge.co.u s Robert Chapman Page 2 February 9, 2010 Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting, January 28, 2010. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, July 27, 2010, unless a building permit has been obtained. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, A~-V~q Kathy Field Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-10-01 (case file) Building File WA1001.doc COPY CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 28th day of January 2010. CASE NO: WA-10-01 APPLICANT'S NAME: Robert Chapman LOCATION OF REQUEST: 11595 West 32"d Avenue WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment application Case No. WA-10-01 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-10-01 be, and hereby is APPROVED. TYPE OF VARIANCE: A request for approval of an 8-foot side yard setback variance from the 10-foot side yard setback requirement pursuant to Section 26-622.A.1 resulting in a 2-foot side yard setback for property zoned Residential One. FOR THE FOLLOWING REASONS: 1. The variance is for the purpose of replacing an existing open-on-three-sides patio roof of similar dimensions and setback encroachments. 2. The variance would not alter the essential character of the locality. 3. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 5. The request would not be detrimental to public welfare and would not be injurious to neighboring properties or improvements. 6. The covered patio should have a very minimal impact, if any, on surrounding properties. 7. Alternative locations for patio are limited especially due to the due to narrow lot width. The west side of house which is 18 feet from the side property line requires a 30-foot side setback since the side yard is adjacent to Simms, a public street, even with the provisions for the 2/3 reduction side setback for patios. Board of Adjustment Resolution WA-10-01 Page 2 of 2 8. Staff recommends approval. 9. Emergency access to the encroached deck area is adequate as currently described. WITH THE FOLLOWING CONDITIONS: 1. None of the three open sides shall be allowed to be enclosed in the future. 2. The unimpaired emergency access to the deck area shall be maintained. VOTE: YES: ABBOTT, BELL, BLAIR, FISHER, HOVLAND, HOWARD, LINKER ABSENT: BUCKNAM and PAGE DISPOSITION: A request for approval of an 8-foot side yard setback variance from the 10- foot side yard setback requirement pursuant to Section 26-622.A.1 resulting in a 2-foot side yard setback for property zoned Residential One was APPROVED. ADOPTED and made effective this 28th day of January 2010. TPU410vland, Vice hair Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment For the following reasons: 1. It will not increase the flood heights in the area. 2. Damage due to floods will be minimized. 3. Utilities will be installed in a manner that will be protected from flood damage. 4. The Floodplain Administrator has reviewed and supports the findings of the floodplain analysis. With the following conditions: 1. The lowest floor elevation of the one foot above the base flood lev 2. The elevation must be verified b foundation has been poured ptiq 3. A cross access easement must be with Jefferson County. Board Member HOWARD address be changed. The it The motion passed 6-1with to lack be constructed feet. owner and recorded require that the ARD voting no. B. Case No. WA-10=01: An application filed by Robert Chapman for approval pf an 8 -foot side yard sdthack variance from the 10-foot side yard setback requirementpursuant to Section 26-61 LA.1 resulting in a 2-foot side yard setback for nroperty zoned Residential-One and located at 11595 The case was presented by Sarah Showalter. She entered all pertinent documents into'the.record and advised the Board there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. The applicant replaced an older covered patio that was damaged by a severe storm. The new patio has the same footprint as t1rginal. A building permit was not issued for the patio and the applicant received a stop work order. A setback variance is required to legitimize the location of the patio so a permit can be issued. Staff recommended approval for reasons set forth in the staff report. Board Member LINKER asked if the original patio was constructed before Wheat Ridge became a city. Ms. Showalter stated that the house was constructed before the City's incorporation and there were no records concerning the patio. In response to a concern expressed by Board Member HOWARD, Ms. Showalter noted that the house is located on a corner lot which allows plenty of room for emergency access to the back of the house. Board of Adjustment Minutes January 28, 2010 Robert Chapman 11595 West 32"d Avenue Mr. Chapman, the applicant, was sworn in by Vice Chair HOVLAND. Mr. Chapman stated that he purchased the house in 2006. The house and patio were severely damaged by last summer's hailstorm. The specs for the replacement are almost the same as the original patio. He,-stated the patio is complete except for installing a gutter. In response to a question from Board Member HOVLANDvlr. Chapman stated that the neighbors are in favor of the patio. Board Member FISHER expressed Board Member BELL commented that this' county zoning is not uncommon in the neigl from the street and fits in vervwell with the There were no other individuals Upon a motion BELL, the folk Whereas, the a and Whereas, Boar to the Board fr Whereas, the p in recoeution t denied about the size of the that dates back to the The patio is barely visible by Board Member by an administrative officer; t application Case No. WA-10-01 is an appeal of an administrative officer; and has been posted the fifteen days required by law and •e 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-10-01 be, and hereby is APPROVED. Type of Variance: An 8-foot side yard setback variance from the 10-foot side yard setback requirement pursuant to Section 26-611.A.1 resulting in a 2- foot side yard setback for property zoned Residential One. Board of Adjustment Minutes January 28, 2010 For the following reasons: 1. The variance is for the purpose of replacing an existing open-on- three-sides patio roof of similar dimensions and setback encroachments. 2. The variance would not alter the essential character of the locality. 3. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the proper , 5. The request would not be detrimental to "public.welfare and would not be injurious to neighboring properties or-improve'ts. 6. The covered patio should have a very minimal impact, if any, on surrounding properties. 7. Alternative locations for patio arse limited-especially due f" he due to narrow lot width. The west side of house Which is 18 feet from the side property line requires a 30-footside setback since the side yard is adjacent to Simms, a public street, even with the provisions for the 2/3 reduction side setback for patios. 8. Staff recommends approval. With the following condition: 1. None of the three-open sides shall be allowed to be enclosed in the I- 9. CLOSE THE closed the public hearing. 10. OLD There was no -Old business to come before the Board. 11. NEW BUSINESS A. Approval of Minutes - October 22, 2009 It was moved by Board Member BLAIR and seconded by Board Member BELL to approve the minutes of October 22, 2009 as presented. The motion passed unanimously. Board of Adjustment Minutes 6 January 28, 2010 B. Resolution Designating a Public Place for Posting of Notices of Public Meetings. It was moved by Board Member FISHER and seconded by Board Member BLAIR to approve the resolution designating the lobby of city hall and the city's website as the public places for posting notices of public meetings The motion passed unanimously. C. Election of Officers Ryan Fisher was elected to serve as Chair of the Janet Bell was elected to serve as Vice Chair of D. Subarea Plan Meredith Reckert invited interested Avenue Subarea Plan process. E. Re-open Public Heari Board Member ABBOTT requ No. WA-10-01 in order to add It was moved bl FISHER to re--o passed unanimc Vice ChairTiOV Board Member amend-the moti and condition: Reason No. -9: currently descri 38th be re-opened on Case and seconded by Board Member n Case No. WA-10-01. The motion the hearing. ved and Board Member FISHER seconded to Case No. WA-10-01 to add the following reason access to the encroached deck area is adequate as Condition No. 2: The unimpaired emergency access to the deck area shall be maintained. The motion passed unanimously. Vice Chair HOVLAND closed the public hearing. Board of Adjustment Minutes 7 January 28, 2010 66. el Ex:5t; S Plof Pfau, OF Res, Property Pla. of 11595 W.3a.,d Ave. -N- ( , QePfqe e . a..o•N 6a~a9a Z, exi5t'i N9 i Z i m Pa't' i o y IL,3 I ~ Cover 0 ISS i _ N :llcval Fn ft a Niw ; MV Res.. ' ~pGar i LL `mil ~ ~ t ( ~~5.~~_ , L (fif ~'1~ 1 ~ ®AA ® City of qrWh6at]Ridgle CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE: January 21, 2010 CASE MANAGER: Sarah Showalter CASE NO. & NAME: WA-10-01/Chapman ACTION REQUESTED: Approval of an 8 foot side yard setback variance from the 10 foot side yard setback requirement pursuant to Section 26-61 LA.1 resulting in a 2 foot side yard setback for a property zoned Residential-One (R-1). LOCATION OF REQUEST: 11595 West 32nd Avenue APPLICANT (S): Robert Chapman OWNER (S): Robert Chapman APPROXIMATE AREA: 14,723 SF (.34 acres) PRESENT ZONING: Residential One (R-1) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Man Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant is requesting approval of a variance of 8 feet (80 percent) from the required 10 foot side yard setback for porches, patios, decks and balconies in the R-1 zone district. The purpose of this variance is to allow for a covered patio, open on three sides, with a footprint of approximately 10 feet by 14 feet. Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the Board of Adjustment to hear and decide on variances from the strict application of the zoning district development standards. Variance requests of over 50 percent from the development standards are required to be heard at a public hearing, before the Board of Adjustment. II. CASE ANALYSIS The applicant, Robert Chapman, is requesting the variance as the property owner of 11595 West 32nd Avenue The variance is being requested for an existing covered patio on the east side of the home. The applicant r replaced an older covered patio with the same footprint that was damaged by a severe storm (zhzbt Photo„a; age FCtCo A building permit was not issued for the patio and the applicant received a stop work order. A setback variance is required to legitimize the location of the patio so a permit can be issued. The property is located at the northeast corner of 32nd Avenue and Simms Street and is zoned Residential-One (R-1), 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. The property is surrounded by other single-family homes to the north, south, east, and west ((iM iZffPha~`. There is a detached garage behind the house with access from Simms Street. There is a wood fence along the majority of the property line to the south and west. On the east side, a wood fence wraps around the covered patio FEzhtbztN ~,S~~Phgtgs~_ The lot width is approximately 65 feet. Since this is below the 100 foot width required for single family lots in the R-1 zone district, the lot is legal nonconforming. The lot size is approximately 14,723 square feet. The minimum lot size for a single family home in the R-1 zone is 12,500 square feet. The R-1 zone district allows for 25 percent maximum building coverage. The site currently has a single family home with a 1,223 square foot ground floor and an 880 square foot garage. The lot coverage with the home and garage is 14 percent The patio, which is approximately 140 square feet, increases the lot coverage to 15 percent 72tzf' ,'z15hr The R-1 district requires a minimum side yard setback of 15 feet. However, Section 26-61 LA.1 allows encroachments into the side yard setback of one-third the setback distance for patios, porches, decks, and balconies that are open on at least two sides. Since this patio is open on three sides, its required setback would therefore be 10 feet. The house itself, constructed in 1954, does not meet the 15 foot side yard setback since it is approximately 12.8 feet from the side property line to the east. Alternative locations for the patio are limited, especially due to the narrow lot width. The west side of the house, which is 18 feet from the side property line, requires a 30 foot side setback since the side yard is adjacent to Simms, a public street. Even with the provision for the two-thirds reduction of the side setback for patios, Board of Adjustment Case No. WA-10-01/Chapman porches, and decks, it would not be possible to construct a patio on the west side of the home without a significant variance. In addition, there is not a door on the west side of the home to connect to the patio, as there is on the east side. It would be difficult to construct an attached covered patio to the rear of the home due to the location of the detached garage, as well as the fact that there is no door within the rear wall of the house. While the patio requires a variance to remain in place, it is a logical location based on the width of the lot and the location of the existing home/detached garage. The patio's location is largely screened from view by the wood fence, which helps mitigate the impact of the patio for the property owner to the east. Due to landscaping and the existing wood fence along 32"d Avenue, the patio's visual impact on 32nd Avenue is limited. Allowing the proposed variance would increase the value of the property and enhance it by providing an upgraded covered patio. VARIANCE CRITERIA Staff utilizes the following criteria to evaluate variance requests and shall determine whether 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 responses to each criterion (ExTizbzt 5~ Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, 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. 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-1 zoning for the site allows for patios, porches and decks and the patio is in character with the house and surrounding neighborhood. There is only one residential property, directly to the east, that has a view of the covered patio and their visual impact is mitigated by the wood fence that surrounds the patio. Due to fencing, the location of the covered patio, and an existing bush, there is very little visibility of the patio from 32"d Avenue. 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. Due to the narrow lot and the required side setbacks for the west side of the property, it would not be possible to construct the patio on the west side of the house without receiving a significant variance from the larger side yard requirement (20 feet after the encroachment allowed for patios per Section 26-611. LA). Construction of the patio to the rear of the home would be very difficult due to the location of the detached garage, which is also behind the house. Additionally, neither the rear or west side options provide a door connection to the interior of the home, as the east patio does. Therefore, without this variance, it is unlikely that the investment could be made to improve the property. Board of Adjustment Case No. WA-10-01/Chapman 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. The request is more closely related to an inconvenience from the strict letter of the regulations. 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, most directly, to a legal nonconforming lot that is particularly narrow. The current owner purchased the property in 2006. He did not have an interest in the property when the lot was platted or the house was built in 1954. 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 and, since it is low enough - approximately 8.5 feet high where it is adjacent to the home to the east - it would not impair adequate supply of light and air to the adjacent property. It should have no impact on congestion in the streets and should not increase fire danger. It is vary 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. Board of Adjustment 4 Case No. WA-10-01/Chapman 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. 111. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends approval of the 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 covered patio should have a very minimal impact, if any, on surrounding properties. Board ofAdjustment Case No. WA-10-01IChapman EXHIBIT 2: AERIAL Board ofkdjf,rtmew CaseNo. WA-10-011Chapmran EXHIBIT 3: SITE PHOTOS Front of property, from 32°d Avenue Board ofR ilustmem Co.R,Ao. WA-10-QL/Chapmari. Vie« s of patio form front of property Boara ofA(lmstmeru Case No. WA-10-01/Chapman West side of property, along Siztuns Street Board of Adjusim ev Case No. 4,A-10-071Chapman EXHIBIT 4: SITE PLAN ~Ob2r'~ Cka~mnk~n L1595 p)~e•:.tridge Cv $Op33 (.6-1) T -N- I y- h N Ex,'st,v,y Plo+ Prrv` 01' ReS. Property plav~ at 11595 W.3awd Ave. eX~sft~,5 pri~C 1 m Pa1-1 O O O 16,3 -over r F~w.e. rJ~w ; Pat': o i Rea. . ~rer Covered 10 Patio Board ofAdjustment 10 Case No. WA-10-01/Chapman EXHIBIT 5: APPLICANT CRITERIA EVALUATION A- no B- No. I'm replacing a existing patio and covered porch C- Replace a rotten deck and patio cover D- The property has an irregular size lot. The house itself is only 12.8 feet from the property line E- No F- No G- No. many houses have a covered patio. ROBERT CHAPMAN 11595 w. 32°d ave. WHEATRMGE CO. 80033 Board of Adjustment 11 Case No. WA-10-01/Chapman AI City of Wheat,,d c POSTING CERTIFICATION CASE NO. WA-10-01/Chapman PLANNING COMMISSION/ CITY COUNCIL,/ BOARD OF ADJUSTMEN (Circle One) HEARING DATE: January 28, 2010 I, residing at, i (name) S'(5 k)e3Q kv~ ,A)F (address) as the applicant for Case No.WA- 10-0 1 /Chapman , certify that I have posted the Notice of Public Hearing at 11,55S w Al'-e, ~?~13 (location) on this day 0-k of Tcn V` 201 D and do certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of the public hearing of this case. The sign was posted in the location on the map shown below. Signature 9 NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP wF--l 6 - d 11GG-Ic-on c~ ACOSTAJOHN D ACOSTA MARY A 11645 W. 31 ST PL LAKEWOOD CO 80215;` 7009 1680 ooo](- BROWNE RICHARD J\ \ BROWNE JANICE M \ 3333 SIMMS ST WHEAT RIDGE CO 80033 6 01+ APPLEWOOD KNOLLS SWIM & TENNIS CLUB INC PO BOX 1741 WHEAT RIDGE CO 80034 009 1680 0001 2748 8559 11595 W. 32ND AVE WHEAT RIDGE CO 80033 7nn9 Lynn nnnl. ;374A RSaS -;nn9 1,680 13001 2748 8528 BATES COLLEEN ANN TRUSTEE 3263 SIMMS ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 8542 ®CHESLEY DUANE P 3261 ROUTT ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 8511 DAYNES DARIKA SIEGAL ROBERT 3201 ROUTT ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 8665 DEWYS MARK C 11600 W. 32ND AVE WHEAT RIDGE CO 80033 7009 1680 0001 2748 8634 SMITH FRANKLYN B SMITH LORETTA R 11660 W. 32ND AVE WHEAT RIDGE CO 80033 DEWITT WAYNE A DEWITT MARY 3323 SIMMS ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 8641 7009 1680 0001 2748 8658 DILLARD JESSIE L DORIS B THOMSON REV TRUST TROTTER ADAM C 11978 W. 66TH LN 3252 SIMMS ST ARVADA CO 80004 WHEAT RIDGE CO 80033 7009 1680 0001 2748 8610 01 2748 0 8627 7009 1680 0 DROULLARD EME S DYKSTRA PAMELA S DOWNING KEVIN J DROULLARD LILY T DYKSTRA DARREL D 3268 SWADLEY ST 11560 W. 32ND AVE STAIR JACOB H ST PL 1 W WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 . LAK AKEWOO D CO 80215 7009 1680 0001 2748 8603 7009 1680 0001 2748 8580 7009 1680 0001 2748 859?--_ GORDON JAMES R ELSON CLIFFORD R EMGE BARBARA JEAN GORDON SHARON J 11555 W. 32ND AVE 3342 SIMMS ST v / 1 k75 W. 31 ST PL ~ WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 n2n~ WOOD CO 80215 7009 1680 D001 2748 8573 7009 1680 0001 274$ 89 1680 0001 2748 ,689 _18672-_ HERRING STEVEN R s U JELINEK WILLIAM J HANNE ALBERT W HERRING YVONNE M JELINEK JOYCE A 3243 SWIMS ST 11675 W. 32ND AVE 3278 SWADLEY ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ` WHEAT RIDGE CO 8003'3,.c oiv 7009 1680 0001 2748 8771 7009 1680 OD01 27 7009 1680 0001 2748 8764 LEWISIDELLAM KRAFT MELDAHL ANGELA STANLEY WILLIAM A ELDAHL STEVEN LEWIS FRANCES W M STANLEY COLLEEN S 11615 W. 32ND AVE 3258 SWADLEY ST ST 033 11630 W. 32ND AVE WHEAT RIDGE CO 80033 WH 7009 1680 0001 EAT RIDGE CO 80 80 2748 8740 WHEAT RIDGE CO 80033 7009 1680 0001 2748 8726 139 1680 Goal 2748 8733 LUCAS DAVID M LUCASNANCYJ 3220 ROUTT ST WHEAT RIDGE CO 80033 7 p MARCELLO ANTHONY R RO EDUARDA T MARCELLO LORI JOAN 3288 SWADLEY ST 3241 ROUTT ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7009 1680 0001 2748 8702 7009 1680 0001 2748 8719 7009 1680 0001 2748 8696 MAI ULIK RAYMOND W JR MEE ROBERT B MILLE MAS R MATULIK ROY NELL C MEE DIANE M MILLER MARY F 3293 SIMMS ST 3223 SIMMS ST 11590 W. 32ND AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 7009 1680 0001 2748 8894 7009 1680 0001 2748 8870 7009 1680 0001 2748 8887 MOE ROBERT G 3272 SIMMS ST WHEAT RIDGE CO 80033 7009 MOSS DAVID WAYNE MOSS JILL BETH 3221 ROUTT ST WHEAT RIDGE CO 80033 1680 0001 2748 8863 7009 1680 0 PETER FREDERICK KLAMMER & CYNTHIA LOU KLAMMER REVOCABLE TRUST 3200 ROUTT ST WHEAT RIDGE CO 80033 7009 1680 00bl1 ?748 & WRIGHT PATRICIA M 3240 ROUTT ST WHEAT RIDGE CO 80033 L 7009 1680 0001 27 --8.625 NIELSEN JEFFREY C NIELSEN JEFFERY C 3281 ROUTT ST WHEAT RIDGE CO 80033 7009 1680 0001 2748 8849 PRUYN JOHN PATRICK JR PRUYN LINDA K 3292 SIMMS ST ✓j WHEAT RIDGE CO 8003 7009 1680 27 18 RAVENSCROFT PAULINE~ RODRICKS BETTE JEAN- ✓ v V SCHROEDER PATRICIA L DOUBLE A COMPANY 3322 SIMMS ST 7979 S. QUEMOY WAY 11615 W. 31ST PL WHEAT RIDGE C68003Y i LAKEWOOD CO 80215 AURORA CO 80016 7009 1680 0001 2748 8801 7009 1680 0001 2748 7009 1680 00018_8795 001 2748 8856 8788 ) - ry-ic) ~ae4 City of Wheatp_,.dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 CERTIFIED LETTER NOTICE (as required pursuant to Code Section 26-109.D) P: 303.235.2846 F: 303.235.2857 January 14, 2010 Dear Property Owner: This is to inform you of Case No. WA-10-01 which is a request for approval of an 8 foot side yard setback variance from the 10 foot side yard setback requirement pursuant to Section 26-611.A.1 resulting in a 2 foot side yard setback for property zoned Residential-One (R-1) and located at 11595 W. 32nd Ave. 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 January 28, 2010, 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 ifyou 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. 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A a n ° O N o f OW 25 - PARCELILOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NW 28 0 IW 200 ~00 900 FCCE m Z c m DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 Owner Owner 2 Owner 3 Mailing Address Street Type City State Zip Property Address Street Type City State Zip Structure COLE CRISELDA COLE JOHN A 1281 E. 105TH PL DENVER CO 80233 6772 W. 51 ST AVE ARVADA CO 80002 COMMR EVANS RANDALL 3435 S. BIRCH ST DENVER CO 80222 6785 W. 48TH AVE WHEAT RIDGE CO 80033 RESID CARL W BIESHAAR LIVING TRUST 2701 W. 35TH AVE DENVER CO 80211 6792 W. 51ST AVE ARVADA CO 80002 COMMR HELLER DIANE POOLE 743 CLUB CIR LOUISVILLE CO 80027 6793 W. 51ST AVE ARVADA CO 80002 COMMR SHERIDAN STACY J WHALEN PHIL J 6800 W. 48TH AVE WHEAT RIDGE CO 80033 6800 W. 48TH AVE WHEAT RIDGE CO 80033 RESID CHENG MAURICE 6807 W. 48TH AVE WHEAT RIDGE CO 80033 6807 W. 48TH AVE WHEAT RIDGE CO 80033 RESID CATHERINE MONICA MAGUIRE LIVING TRUST 6810 W. 48TH AVE WHEAT RIDGE CO 80033 6810 W. 48TH AVE WHEAT RIDGE CO 80033 RESID WILLIAMS DAN C III WILLIAMS LORI J 7490 W. 48TH AVE WHEAT RIDGE CO 80033 6811 W. 48TH AVE WHEAT RIDGE CO 80033 RESID CARDINAL VALLEY LLC 2150 W. 29TH AVE DENVER CO 80211 6821 W. 48TH AVE WHEAT RIDGE CO 80033 RESID MILLER MATTHEW DEAN MILLER LIBBIE A 6829 W. 48TH AVE WHEAT RIDGE CO 80033 6829 W. 48TH AVE WHEAT RIDGE CO 80033 RESID JOHNSON WARREN G 6840 W. 48TH AVE WHEAT RIDGE CO 80033 6840 W. 48TH AVE WHEAT RIDGE CO 80033 RESID BALLIETT WALTRAUD A BALLIETT WAYNE A PO BOX 34 PINE CO 80470 6845 W. 48TH AVE WHEAT RIDGE CO 80033 MULTI J A A D LTD PO BOX 260265 LAKEWOOD CO 80226 6850 W. 52ND AVE ARVADA CO 80002 COMMR WHEAT RIDGE 2020 INC 3798 MARSHALL ST WHEAT RIDGE CO 80033 6855 W. 48TH AVE WHEAT RIDGE CO 80033 RESID 280 290 COLUMBINE LLC CHERRY CREEK PLAZA LIMITED LIABILITY C 777 S. WADSWORTH BLVD LAKEWOOD CO 80226 6870 W. 52ND AVE ARVADA CO 80002 COMMR COLUMBINE PROFESSIONAL PLAZA ASSN INC 777 S. WADSWORTH BLVD LAKEWOOD CO 80226 6920 W. 52ND AVE ARVADA CO 80003 OSCHNER CHARLES S ZOOK JOHN E 5772 MC INTYRE CT GOLDEN CO 80403 6940 W. 48TH AVE WHEAT RIDGE CO 80033 THOME WETSTINE SEANF WETSTINE ALISHA A 6950 W. 48TH AVE WHEAT RIDGE CO 80033 6950 W. 48TH AVE WHEAT RIDGE CO 80033 RESID SPURGEON TONI T 6958 W. 48TH AVE WHEAT RIDGE CO 80033 6958 W. 48TH AVE WHEAT RIDGE CO 80033 RESID ARMSTRONG VIRGIL L 6965 W. 48TH AVE WHEAT RIDGE CO 80033 6965 W. 48TH AVE WHEAT RIDGE CO 80033 RESID MALLINSON TOM 6975 W. 48TH AVE WHEAT RIDGE CO 80033 6975 W. 48TH AVE WHEAT RIDGE CO 80033 RESID ACHZIGER MARNA L COFIELD DONALD L 6985 W. 48TH AVE WHEAT RIDGE CO 80033 6985 W. 48TH AVE WHEAT RIDGE CO 80033 MULTI ANDERSON ROBIN L 6988 W. 48TH AVE WHEAT RIDGE CO 80033 6988 W. 48TH AVE WHEAT RIDGE CO 80033 RESID HAMMOCK VIRGIL S PHILLIPS SUSAN H 6991 W. 48TH AVE WHEAT RIDGE CO 80033 6991 W. 48TH AVE WHEAT RIDGE CO 80033 RESID RAPP JESSICA MARIE RAPP RYAN K 6998 W. 48TH AVE WHEAT RIDGE CO 80033 6998 W. 48TH AVE WHEAT RIDGE CO 80033 RESID ANDERSON MILBURN L ANDERSON PAULINE L 7001 W. 48TH AVE WHEAT RIDGE CO 80033 7001 W. 48TH AVE WHEAT RIDGE CO 80033 RESID ARVADA MARKETPLACE EAST LLC % TRAMMELL CROW SERVICES, IN 8390 E. CRESCENT PKWY GREENWOOD VILLAGE CO 80111 7320 W. 52ND AVE ARVADA CO 80002 COMMR CROWN CASTLE MU LLC % PMB 353 4017 WASHING RD MCMURRAY PA 15317 VACANT LAND SOMERSET HOMES CONDOMINIUM ASSOCIATIO % CHARLES S OCHSNER 7778 QUAIL ST ARVADA CO 80005 VACANT LAND SPANO SAMUEL J 7940 VALMONT RD BOULDER CO 80301 VACANT LAND SWISS VALLEY LTD LIABILITY CO 4839 W. BYRON PL DENVER CO 80212 VACANT LAND THOMAS MARILYN L TRUSTEE 5930 ESTES CT ARVADA CO 80004 VACANT LAND 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 January 28, 2010, at 7:00 p.m. in the Council Chambers of the Municipal Building at 7500 West 29th 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-10-01: An application filed by Robert Chapman for approval of an 8 foot side yard setback variance from the 10 foot side yard setback requirement pursuant to Section 26-611.A.1 resulting in a 2 foot side yard setback for property zoned Residential- One (R-1) and located at 11595 W. 32nd Ave. 2. Case No. WF-10-01: An application filed by Kevin Larson for approval of a Class II special exception permit to allow construction of a two-family residence in the 100 year flood plain on property located at 6701 West 48th Avenue. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To be published: Wheat Ridge Transcript Date: January 14, 2010 ~ ® City of 7500 West 29th Avenue Wheat Ridge, Colorado 80033 -A, Wheat k dge 303.235.2846 Pax: 303.235.2857 MMUNITY DEVELOPMENT Variance Criteria for Review Staff uses the set of criteria listed below to critically evaluate a variance request when they are performing their review. Applicants must also submit a written response to each of the applicable criteria with their application for a variance. The criteria listed below are applicable to all variance cases with the exception of the final two criteria, which are not applicable for variances for properties with single family and two family dwelling units. The responses must reflect why a variance should be granted. The community development director, board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. B. The variance would not alter the essential character of the locality. C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. F. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. G. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Granting of the variance would result in a reasonable accommodation of a person with disabilities. 'S6j,he application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. A- no B- No. I'm replacing a existing patio and covered porch C- Replace a rotten deck and patio cover D- The property has an irregular size lot. The house itself is only 12.8 feet from the property line E- No F- No G- No. many houses have a covered patio. ROBERT CHAPMAN 11595 w. 32°d ave. WHEATRIDGE CO. 80033 O 0 0 O 10 1O N O ~00 10 O O O ^ 1 v N C71 d O 10 O O ` V1 O 01 \ O W Y= ~ W N J ° O -6 M O p p U C p y O lF N ' 4- O T d L y U L 2 C O O y v n_ O U ry LL C O LL U O m J yw CI) CF.. U + 69 O O N rl M yJ N 7 Ifi p T m Y O y W -(f U N W £ H a La ~a : W /4 W Q rYi xi ~ F R . N O y m L m L y O O a O U o N -O m o T J O O pI U U F W yI WW y O LLi O . N m O L y O OO m a O O ~J -9 F,.~ lA pi 'O m N W xi z W W Pi W W W W f! Q 2 N o M y C J O N O Ol W F N L -o "O m J M W W w L O Y L `f 3 O m ~ a O Q O . 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Related Cases-Case Planner Tietz Case Description 13 foot side yard setback valiance I 2759336 - Name Robert Chapman Name F777777777 Phone (931 ) Address 17595W 32nd Ave. City Wheal Ridge__ _j State CO Zip 80003 Name Robert Chapman Name Phone Address F- City State F7 Zip ra fd tJn✓oynahnsa Name r Name Phone Address ~ City State Zip ip ; - Pn~cflnlorwafmn Address 11595 _ _ i. Street West 32nd Avenue j City Wheat Ridge State- CO Zip 80033 Location Description Project Name Parcel No. 39.282.05.044 Dlr Section:NW28 Distrct No 111.._-> ReskMr Pre-App Date ' F Neighborhood Meeting Date App No: pjkp N Case Disposition Conditions of Approval F Res# .r_ Ord It 17 - Disposition Date r-- CITY OF WHEAT RIDGE N~ 01/05/10 1:46 PM cdbb CHAPMAN/ROBERT RECEIPT NO:CDB083788 AMOUNT FMSD ZONING APPLICATION F 480.00 ZONE PAYMENT RECEIVED AMOUNT VS 6531 480.00 Auth Code: 04305E TOTAL 480.00