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
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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)
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Ex,'st,v,y Plo+ Prrv`
01' ReS. Property
plav~ at 11595 W.3awd
Ave.
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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
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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
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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.
WA1001.doc
www.ci.wheatridgexo. us
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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
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LAND USE APPLICATION FORM
~~~NT
Case No WA1001 _ Date Received 7/5/2010:. 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