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HomeMy WebLinkAboutWA-05-01MARK A. and KIMBERLY A. DAVIS 4240 Garland Street Wheat Ridge, CO 80033 (303) 423-3926 Email: kimmerdav@msn.com June 8, 2005 Ms. Meredith Reckert Community Planning - City of Wheat Ridge 7500 W. 29' Ave. Wheat Ridge, CO 80033 Re: 4240 Garland Street; Landscape Escrow/Certificate of Occupancy Dear Ms. Reckert: Please allow this letter to make some clarifications brought up in your follow up letter dated June 3, 2005. In submitting our landscape plan and paying the requisite amount into escrow; I initially requested a June 30, 2005, completion date. According to Section 26-502, F(3), according to the requirement, a date for completion of all plantings and related work shall be included in the plan." At that time, Kristy told me "everyone" is getting the April 29, 2005, date of completion for landscaping. When I inquired about the weather, etc., and indicated that I did not think we could meet that deadline, I was told there was nothing she could do about that. In response, I informed her I would be getting extensions as a result. The City forced that date, we did not. It was not our "extension". Before April 29th, I personally appeared at the City offices and requested an extension, again to June 30th. Kristy told me all she could do was to extend our landscaping deadline to May 30th, Right after the holiday, I again personally appeared at the City offices, told Chad another extension was necessary and left a note stating that landscaping would probably be completed/finished by the end of June to mid-July. I have requested only TWO extensions. Again, we were not allowed to use the sensible deadline in our plan, but was assigned a date by the City. "Each case is determined individually." I've have yet to see the City uphold that statement. If it were true, we wouldn't have had to waste our time and money with the Board of Adjustment. The Certificate of Occupancy has not been issued, but will be issued upon completion of our landscaping. Is there a code that depicts the limit on extensions for landscaping, if the Certificate of Occupancy has not as yet been issued? Or, a precise period of time forward from the date funds are placed in an landscaping escrow account? We have been told by other parties that have built in October/November in 2004, they were given the same April 29th deadline. We did not move into our house until the end of January, 2005. As you have been aware, because of budget constraints, Mark and I are doing a lot of the landscaping ourselves. We both work 5 days a week. The weather has been a very large issue. Attached is a listing of wet weather we have endured and that has been problematic in our work schedule. It is extensive and can be confirmed with the local weather station. The weather was a major reason for initially asking for a June 30th deadline. Additionally, the weekend of May 14th Page 2 we attended our son's college graduation in Grand Junction and the following weekend, May 21st we were working with Ouilette Ditch Company burning and cleaning the ditch south of our home. Those two weekends alone in May were shot. You have informed us in your letter of June 3rd, that if landscaping is not completed by June 30th, improvements would be installed by a contractor of the City's choice. The City will not be allowed upon our property to do ANYTHING. If it takes a preliminary injunction, temporary restraining order, or whatever legal means - that is what we will do. The City's previous track record with regard to our home and singling us out, is good background. However, for a possible addition of two or three weeks past June 30, surely the City would think about such frivolous spending of taxpayers dollars for such court hearings, etc. At this time, we are awaiting scheduling by our cement contractor. Two trees have been purchased and are due to be planted by the tree company in ten (10) days. We are seeding the front lawn and expect (also per code) a "full growing season of two years" before the lawn has filled out. I will reiterate -we will have our landscaping completed by the end of June to mid-July, 2005. Has anyone even come by our property to take a look/see? To see what improvements have already been made? For the City to be more informed before making threats? Bet not. I have therefore enclosed before and current pictures of the yard so that the City IS informed of its status. We have several "hog pits" in our neighborhood that look 100 times worse that what we have already completed. The Pierce property, 4201 Garland, was never followed up by the City; the fire hazard buildings are still standing, there is still environmental issues that have not been taken care of and junk. The neighbor at 4280 Garland -yearly -out of control. He never even cuts anything down until it reaches over six feet in height. His property is continually neglected and it continually looks like crap. The south neighbors at 9295 West 42nd have been working on their "landscaping" for over three years and it doesn't look much different than when they first started. And the City is worried about our little bit of landscaping? What is wrong with you people? All this to-do over a measly two or three weeks. Another waste of time and effort. Sincerely, g A. 7<C2r-- Kimberly A. Davis Monthly Weather 2005 - Wheat Ridge, Colorado Move In Date - January 22, 2005 February 1, 6, 12, 15 and 16 Snow February 19 and 20 Rain March 1, 4, 5, 10, 11, 12, 13, 14 Snow March 19 and 20 Rain March 21 Snow March 23 Rain March 24, 25, 26, 30 and 31 Snow April 5 Snow April 9 Rain April 10 and 11 Snow April 14, 15, 16, 20, 23, 24, 25 and 26 Rain April 27, 28, 29 and 30 Snow May 3, 6, 7, 10, 11, and 15 May 14 and 16 May 21 May 29, 20 and 31 Rain Snow Rain Rain June 2, 3 and 4 Rain ~,r~ 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 June 3, 2005 Kimberly Davis 4240 Garland Street Wheat Ridge, CO 80033 Dear Ms. Davis: The City of VMeat Ridge ~.,oF WHEgT~O i u m c~tORP~~ Please let this letter serve as a follow-up to our conversation regarding the expiration of your landscape escrow for the property located at 4240 Garland Street. Your escrow agreement has been extended until June 30, 2005. Keep in mind that this is your third extension. If the required landscaping and paving are not completed by that date, the City of Wheat Ridge will have no other choice but to use the escrowed funds to install the improvements by a contractor of our choice. If the funds do not cover the contractor's costs, a lien will be placed against your property. If you have any questions, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner C: building- permit file 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheal Telephone 303/235-2846 Ridge FAX 303/235-2857 April 27, 2005 Kimberly & Mark Davis 4240 Garland St. Wheat Ridge, CO 80033 Dear Mr. & Mrs. Davis: RE: Case No. WA-05-01 Please be advised that at its meeting of March 24, 2005, the Board of Adjustment APPROVED your request for a waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street for the following reasons: 1. Sidewalk, curb and gutter for this street are not on the 10-year capital improvement planning list as per the city's Public Works Department. 2. The property is too small to require a drainage study and, therefore, Public Works has not studied the building plans related to drainage. However, it appears there are no current negative safety or storm runoff situations related to the lack of curb, gutter and sidewalk on this section of street as per the Public Works Department and as per a petition signed and submitted by thirty adjacent neighbors. With one condition: A shallow swale shall be constructed and maintained at the front property line to facilitate carrying normal storm runoff along its normal course along the street. 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, March 24, 2005. Please feel free to contact me at (303) 235-2846 if you have any questions. sin el Kathy Field Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-05-01 (case file) Building File \\srv kng-001 WsersUdeld\Kath}\BOA\CORRESP\2004\wa0405approval.wpd 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 24th day of March. 2005. CASE NO: WA-05-01 APPLICANT'S NAME: Mark and Kimberly Davis LOCATION: 4240 Garland Street , WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-05-01 is an appeal to this 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-05-01 be, and hereby is, APPROVED. TYPE OF VARIANCE: A waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. FOR THE FOLLOWING REASONS: 1. Sidewalk, curb and gutter for this street are not on the 10-year capital improvement planning list as per the city's Public Works Department. 2. The property is too small to require a drainage study and, therefore, Public Works has not studied the building plans related to drainage. However, it appears there are no current negative safety or storm runoff situations related to the lack of curb, gutter and sidewalk on this section of street as per the Public Works Department and as per a petition signed and submitted by thirty adjacent neighbors. Board of Adjustment Resolution No. WA-05-01 Page two (2) WITH THE FOLLOWING CONDITION: A shallow swale shall be constructed and maintained at the front property line to facilitate carrying normal storm runoff along its normal course along the street. VOTE: YES: ABBOTT, BELL, BLAIR, BYBEE, DRDA, HOWARD, HOVLAND NO: None ABSENT: PAGE DISPOSITION: A waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street was APPROVED. ADOPTED and made effective this 24th day of March, 2005. a, air Ann Lazzeri, Secretat Board of Adjustment Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting March 24, 2005 CALL THE MEETING TO ORDER The meeting was called to order by Chair Drda at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29 h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Janet Bell Bob Blair Daniel Bybee Paul Drda Bob Howard Paul Hovland Members Absent: Betty Jo Page Staff Present: Meredith Reckert, Senior Planner Jeff Hirt, Planning Technician Steve Nguyen, Public Works Department Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of March 24, 2005. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this time. 4. PUBLIC HEARING A. Case No. WA-05-01: An application filed by Mark & Kimberly Davis for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. This case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed Board of Adjustment 03-24-05 DRAFT the staff report and digital presentation. Staff recommended denial of the application for reasons outlined in the staff report. In reply to a question from Board Member HOWARD, Mr. Hirt stated that there are no other property owners to the best of his knowledge on the subject street who have put money into escrow for public improvements. He also stated that no interest would accrue to the property owner for escrowed funds. Board Member BELL asked if other property owners on the street would be assessed if future curb, gutter and sidewalk are installed. Steve Nguyen explained that property owners who have not improved their property would not be assessed. Mr. and Mrs. Davis are being asked to place money in escrow based upon the improvements they are making to the property. In reply to a question from Board Member HOWARD, Mr. Hirt stated that thirty property owners in the area signed a petition in support of the applicants. Further. a certificate of occupancy has been issued with a condition based upon the Board's decision tonight. Board Member ABBOTT questioned the statement made in the staff report that approval of this waiver would set a precedent because each case is judged on individual circumstances. Mr. Hirt explained that his intent in the staff report was to point out that it would make it more conducive for people constructing homes in the future to ask for the same waiver. In response to a question from Board Member BELL, Mr. Nguyen stated that the subject area is not included in the ten-year capital improvement program for the city. He also noted that Garland Street is very flat and therefore conducive to drainage problems. Board Member BELL commented that Wheat Ridge will have to comply with EPA storm drainage requirements which would apply to everyone on the street. Steve Nguyen stated that was a possibility in regard to water quality and erosion issues. However, flooding or drainage problems are something to be looked at in addition to EPA requirements. Board Member ABBOTT asked if Public Works had analyzed the property to determine drainage problems that would be incurred by construction of the house. Mr. Nguyen explained that they had not analyzed the situation and were going strictly by the code. Board Member ABBOTT asked what authority the city would have if it became apparent that runoff from the subject property was causing damage on the neighborhood. Mr. Nguyen explained that improvements would have to be made through the Capital Improvement Fund. Board of Adjustment Z - 03-24-05 DRAFT Board Member DRDA asked if Mr. Nguyen thought potential drainage problems from the construction would manifest themselves in two or three years. Mr. Nguyen said they probably would. Kimberly and Mark Davis 4240 Garland Street Mr. and Mrs. Davis, the applicants, were swom in by Chair DRDA. Kimberly Davis stated that, although they are constructing a new house, no grade change has occurred from the previous structure. Channeling water has been a problem since the 1950's due to the way the street was constructed. Drainage comes off the street onto properties and, therefore, each property owner has dealt with these issues on their own to drain into a ditch that drains toward 40. The Davises objected to the fact that they are the only property owners who are being requested to place money in escrow. They believe a hardship has been imposed on them by requesting a $3000 escrow which would be held in an account for ten years earning no interest for the applicants. This money was intended to pay for landscaping. Mrs. Davis stated that they were perfectly willing to pay their share of improvements but felt it was unfair to be the only property owners who are assessed. Mark Davis stated that they have complied with the city's request to keep water from draining onto neighboring properties and that they also have met the city's public improvement requirements. Board Member BELL suggested a swale with a pipe under the driveway to accommodate storm runoff. Ms. Davis explained that runoff presently goes down the driveway toward 44`s. Chair DRDA invited public comment. Tish Gregerson 4389 Garland Street Ms. Gregerson was sworn in by Chair DRDA. She has lived in the neighborhood for 15 years. She spoke in support of the applicant and expressed concern about curb, gutter and sidewalk ever being installed in their semi-rural neighborhood. Judy Wade-George 4255 Garland Ms. Wade-George was sworn in by Chair DRDA. She spoke in support of the applicants. She lived at this address as a child and her son presently lives in the house. She has been associated with this property for over fifty years and stated there has never been a flooding problem. She also requested that this area remain semi-rural without curb, gutter and sidewalk. Board of Adjustment -3 - 03-24-05 IDRAFT Kevin George 4255 Garland Mr. George was swom in by Chair DRDA. He spoke in support of the applicants. He commented that any flooding would come from Clear Creek and curb, gutter and sidewalk would do nothing to prevent that. He also asked that the semi-rural nature of the area be maintained. Upon a motion by Board Member ABBOTT and second by Board Member BELL, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-01 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition 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-05-01 be and hereby is approved. Type of Variance: A waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. For the following reasons: 1. Sidewalk, curb and gutter for this street are not on the 10-year capital improvement planning list as per the city's Public Works Department. 2. The property is too small to require a drainage study and, therefore, Public Works has not studied the building plans related to drainage. However, it appears there are no current negative safety or storm runoff situations related to the lack of curb, gutter and sidewalk on this section of street as per the Public Works Department and as per a petition signed and submitted by thirty adjacent neighbors. With one condition: Board of Adjustment - 4 - 03-24-05 1. A shallow swale shall be constructed and maintained at the front property line to facilitate carrying normal storm runoff along its normal course along the street. The motion passed 7-0. PRAFT Chair DRDA advised the applicants that their request was approved. B. Case No. WA-05-03: An application filed by Jeffrey Battershill for approval of a 5 foot side yard setback variance from the 10 foot side yard setback requirement for detached garages over 8 feet in height on property zoned Residential-One A (R-IA) and located at 3811 Wright Court. This case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended denial of the application for reasons outlined in the staff report. In response to a question from Board Member HOVLAND, Mr. Hirt stated that the proposed garage height would require a ten foot setback under the current development standards. In response to questions from Board Member HOWARD, Mr. Hirt stated that there are no other detached garages in the immediate vicinity of the subject property and that the size of the proposed garage would be within the city's lot coverage requirements. In residential zone districts there is a prohibition for accessory buildings over 120 square feet to be metal. They must be sided or constructed of brick materials. Jeffrey Battershill 3811 Wright Court Mr. Battershill, the applicant, was sworn in by Chair DRDA. He has owned this property for ten years and stated that prior to the zone code amendments in 2003, of which he was unaware, he could have built his garage without a need for a variance. He submitted eleven photographs of houses within five blocks of his property that have detached garages. These photos were made a part of the official record. He stated that locating the garage in another area of his property would necessitate the removal of mature shade trees. He stated he checked with the city in early 2003 to make sure he could build the garage with a 5-foot setback. When he was advised that this would be possible, he had the underground power lines moved away from the area where he planned to build the garage. It was later in 2003 that the setback requirements were changed. He plans to use the garage to accommodate his classic car collection. In response to a question from Board Member HOWARD, Mr. Battershill stated the garage would be frame construction with siding and that, if he could match the obsolete brick on his house, he would trim the garage walls with brick. Board of Adjustment -5 - 03-24-05 w 0 ~ o N N ~ O ,..r O N O CA O t!~ O ,C o ~ o ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ o ~ ~ ~ o c o `c ~ N ~ ~ o c~ ~ ~ ~ ¢ o ~ r! ~ ~ ~ ~ 0 ~ ~ y ~ ~ ~ o ~ ~ N I b H-I 5 0 c a A~ r w 0 O A• ~ c CA fD CD 4. 4 z C C D I b O rr- O N O O IrD 01 A~ b O O N O O CD n rr- O r O O UQ O K rr- r O O O r y y CD y `C3 CD CD CD N CD CD ~C O CD CD (D CD 0 CD (D C CD Cp CD CD CD c7a ~ r-r- CD C ucl = CD (D 0 s _ v ~0 ~ n CD CD ¢ A~ d CD ~ O O CD n N O c~ CD O f PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT March 24, 2005 Case No. WA-05-01: An application filed by Mark & Kim Davis for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. Name Address In Favor/Opposed -I~A On-, e" mil//'i/ ~,~✓L~ y~ sue" ~~1~.~ h ~r✓ ~~~~h F w"~"qa CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT OOtORp00 TO: Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME: WA-05-01/Davis DATE OF MEETING: March 24, 2005 ACTION REQUESTED: Request for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements for property zoned Residential Two (R-2). LOCATION OF REQUEST: 4240 Garland Street APPLICANT (S): Mark and Kim Davis OWNER (S): Mark and Kim Davis APPROXIMATE AREA: 11,200 (.257 acres) PRESENT ZONING: Residential Two (R-2) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map N F 4~0 v d W pn O 4 v-Pj r ❑ 42U `~~fRC G (K 0 u 420 Q Z co o N _ Q C Q V V Q Subject Parcel ~ o o Q p N E] 7 ✓V N ~ V O) A-1 Board of Adjustment I Case WA-05-01/Davis Jurisdiction All notification and posting requirements have been met for the public hearing on this date; therefore, there is jurisdiction to hear this case. This case was originally scheduled for the February 24, 2005 Board of Adjustment public hearing, however it had to postponed to this hearing due to lack of a quorum. 1. REQUEST The property in question is located at 4240 Garland Street. The property has Residential Two (R-2) zoning The applicants, Mark and Kim Davis, are requesting this waiver as the property owners. The request is for approval of a waiver to the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws (Exhibit 1, Letter of Request, Exhibit 2, Section 5- 45 Code of Laws). Applications for building permits are reviewed by the public works department to determine whether the proposed construction will require construction of, or an escrow in lieu of, public improvements. A building permit for a single family residence on the property in question was submitted and received on September 23, 2004. The public works department approved the permit on September 24, 2004 with the condition that an escrow for public improvements be submitted (Exhibit 3, Building Permit). Pursuant to Section 5-45 of the Code of Laws, the cost estimate for this escrow was prepared by the public works department for an amount of $3,013.16. Section 5-45 of the Code of Laws also states that any owner who is aggrieved by a decision of the department of public works requiring escrowing of funds in lieu of construction shall have the right to appeal the department's determination to the board of adjustment. The applicant has decided to appeal this decision by the public works department for reasons specified in Exhibit 1, Letter of Request. A Certificate of Occupancy (C.O) was requested for the single family residence on the property in question on January 25, 2005. As the property owners expressed their intent to apply for a waiver to the requirement that the above mentioned escrow be received, a condition was placed on the Certificate of Occupancy related to this request (Exhibit 4, C.O./Attached Letter with Conditions). The condition, signed by the property owner, specifies that the C.O. is issued contingent upon the decision rendered at the public hearing regarding this waiver request. Essentially, the conditions state that if the applicant is denied the waiver, they must pay the specified escrow amount within 30 days of the public hearing. If approved, the applicant does not have to pay the specified escrow amount. The requirement for public improvements with building permits involving substantial changes to the property, or escrowing in lieu of per Section 5-45 is the city's means for constructing these public improvements to include curb, gutter and sidewalks. The public works department makes the determination to require an escrow where the construction of public improvements is not feasible for the city at the date of the building permit, but is intended to take place in the future. The intent of the escrow collection is for the city to have adequate funds to construct public improvements in a particular location in the future. The escrow amount is retained by the city for a period of 10 years, and if the construction of public improvements does not take place at this location during this 10 year period, the money is released to the individual with no interest accrued. The director of public works has provided a more detailed justification for this requirement, specifically for this location (Exhibit 5, Director of Public Works Memo). It has been expressed by the public works department that the primary purpose of the requirement for an escrow for public improvements at this specific location is for drainage purposes. Board of Adjustment Case WA-05-01/Davis The property owners have requested this waiver for reasons outlined in the letter they submitted (Exhibit 1). The property owners have also submitted a survey of nearby resident's opinions about public improvements in the area (Exhibit 6, Survey of Residents). The location of this waiver request does have some history pertaining to its status with curb, gutter and sidewalks. An amendment to the Comprehensive Plan, Case No. WPA-87-2, was passed in 1987 to exempt particular streets from the requirement to construct curb, gutter and sidewalks. Garland Street at this location was included as one of those streets to be exempt. The intent of the amendment was to maintain the semi-rural character of the neighborhood. This local exempt street regulation was purposely taken out of the Comprehensive Plan when it was last adopted in 2000, therefore it is no longer a regulation. Section 5-45 of the Code of Laws makes reference to this local exempt street designation, however this reference is no longer valid and will be excluded from this section of the code during the next revision. H. SITE PLAN The property is approximately 11,200 square feet, or .257 acres. The property measures 80 feet wide with a depth of 140 feet (Exhibit 7, Survey). There are no public improvements (curb, gutter, sidewalk) in the vicinity at this time. Section 5-45 (c)(1) of the Code of Laws states that curb, gutter, and sidewalks may not be required where less than half of the properties on the street extending 500 feet from the property have in existence these improvements. There are no curb, gutter, or sidewalks in the vicinity so this exception does apply. However, due to drainage concerns the city intends to address when feasible in this specific location, the public works department elected to impose the requirement for an escrow in order to help ensure sufficient funds for these improvements. H. VARIANCE/WAIVER CRITERIA Staff has the following comments regarding the criteria used to evaluate a waiver request: 1. Can the property in question 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 is denied, the property may still receive a reasonable return in use. The property may still be used as a single family residence without the need for any waivers. 2. If the waiver were granted, would it alter the essential character of the locality? The request may have an effect on the essential character of the locality. None of the properties in the immediate vicinity have curb, gutter and sidewalks. The request, if approved, may decrease the likelihood of the city constructing public improvements with a precedent set for this location of maintaining the existing conditions related to the lack of curb, gutter and sidewalks. The request, if denied, may increase the likelihood of the city constructing the necessary public improvements in this location to address drainage concerns. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result 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? Not applicable 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Board of Adjustment Case WA-05-O1/Davis The applicants have created their own hardship by requesting a waiver to the requirement to escrow for public improvements. 5. Would the granting of the variance 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, 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? None of these factors should be affected by approval or denial of this request. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request will not result in a substantial benefit or contribution to the neighborhood or community distinguished from an individual benefit on the part of the applicants. Granting the waiver will not result in a reasonable accommodation of a person with disabilities. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are not supportive of the waiver request. Staff has found that there are not unique circumstances pertaining to the above listed criteria attributed to these requests that would warrant approval of a waiver. Therefore, staff recommends DENIAL for the following reasons: 1. The property may still be used as a single family residence without the need for any waivers. 2. The applicants have created their own hardship by requesting waiver from the requirement for an escrow of funds in lieu of construction of public improvements. 3. The request will not result in a substantial benefit or contribution to the neighborhood or community distinguished from an individual benefit on the part of the applicants. 4. Approval of the waiver may set a precedent which will limit the city's ability to construct public improvements in the future. Board of Adjustment Case WA-05-01/Davis MARK A. and KIMBERLY A. DAVIS 4240 Garland Street Wheat Ridge, CO 80033 (303) 423-3926 Email: kimmerdav@msn.com TO: Board of Adjustment Hearing of March 24, 2005 Case No. WA-05-01 - Waiver from Requirement for an Escrow of Funds in Lieu of Construction of Public Improvements Ladies and Gentlemen: We are petitioning the Board of Adjustment for a waiver from the requirement of having to place funds into a City escrow account in lieu of constructing sidewalks, curbs and gutters with regard to the new construction of a house at 4240 Garland Street. Although the construction is "new", it is actually replacing a home built in 1950 that was constructed out of cinderblock and quite frankly falling apart from the foundation upwards. When it became apparent that there was going to be some major house improvements needed with regard to the foundation and the structure, itself, we found it more economically sound to demolish the old house and replace it. At the time, our site manager applied for the building permit, Public Works informed us that sidewalks were required for any new construction. We objected to any sidewalks, etc., being built because there are no sidewalks whatsoever on Garland Street through to Garrison Street. We, and our neighbors, desire to keep the "rural" setting in our neighborhood. In lieu of our opposition to sidewalks, curbs, and gutters, it was decided by Public Works that we could place $3,013.00 into an interest bearing escrow account for a period of 10 years, just in case that within that 10 year period the Citv of Wheat Ridge would build sidewalks, etc., in our neighborhood. At the end of those 10 years, our $3,013.00 would be returned to us - with no interest that will have accrued on our money. City representatives have told us that we have a "unique" situation; an issue that hasn't been dealt with before with regard to public improvements. We were led to understand that any final determination is based upon a consideration for each case presented, and although the Department of Public Works could have made its own decision regarding a waiver of the public improvements, it, through Community Development, determined that the decision to place funds in escrow would remain. We do not feel that Public Works looked at the entire situation, did not review the history of our area or viewed the site of construction before making this determination. It was somewhat of an "across the board" decision - not based on the individual case. Because EXHIBIT 1 Page 2 we are of the opinion that this determination is in error and very prejudicial, we are appealing its decision through the Board of Adjustment. Again, although the construction is "new", we simply replaced what had already been on the property. We upgraded and increased the community value of our neighborhood. LINE OF REASONING Under Section 5-45, Public Improvement Required, (b) it states in part that "if it is determined by the department of public works that any such public improvements are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction, including, but not limited to...curb, gutter and sidewalk... the condition shall be inserted in the building permit which shall require the construction of such public improvement...." It is unclear exactly what "specific adverse effects" have been created by replacing a broken down, eyesore of a house with a "new" house in an older neighborhood. What specific adverse effects? It appears that because our situation is "unique", no one in Public Works or Community Development could elaborate on this issue when questioned. It is our opinion that there are no adverse " effects by replacing our old home - specific or otherwise. The replacement of the old and decrepit can only been seen as an improvement and an enhancement to our neighborhood, without sidewalks, curbs and gutters, which in turn is an advantage to our City. Additionally, under Section 5-451(c)(1) it states: "The installation of curbs, gutter and sidewalks and related roadway improvements may not be required where less than half of the properties on the street extending five hundred (500) feet from the lot lines of the property in question, on both sides of the fronting street, have in existence curbs, gutter and sidewalks." There are no curbs, gutters or sidewalks extending far more than 500 feet on either side of our property line, as well as in front or back of the property lines. There has never been any sidewalks, curbs or gutters in our neighborhood since its inception. When the Notice of Public Hearing was placed on our property and the neighbors became aware of such, and when they started receiving letters of notice from the City, all that was accomplished was a "neighborhood outery". We took a resident survey of those for or against such improvements covering Garland Street, which horseshoes into Garrison Street. All approached were vehemently against even the idea of sidewalks, curbs or gutters in their neighborhood. We are all in agreement that we like the "rural" setting in which we live. A copy of our survey of neighbors is attached to our statement. If we had gone ahead and built sidewalks, curbs and gutters in the Page 3 front of our property after the new construction was completed, we would not have been able to continue to live in our own neighborhood and would have ended up "outcasts". Animosity and anger against us would have been created. Not good for neighborly relationships! Further, (c)(3) under Section 5-45 states: "Installation of curbs, gutter and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy." The implementation of such improvements in our neighborhood is very impractical, it is economically unfeasible and really not in the best interest of the City at this time. This is true. There are no such improvements in existence. None are being planned or pursued by the residents of Garland and Garrison Streets, nor by City Council. Of course, this could change should a vote be pursued by, or if the City Council attempted to make such a ruling that improvements to our neighborhood should be forthcoming - when, if ever? No one has the power to predict such. If ever that event took place, it is our understanding that each resident owner of real property in our neighborhood would be given a prorated share of the costs to construct sidewalks, curbs and gutters. Fees are usually imposed for "services furnished", not for "services" that may never be performed. If no services are being performed, then there is no validation to impose a fee for the same, or to hold funds for services that may or may not come to pass - especially with no foundation for those services to render fees in the first place. It is very prejudicial to us to have to place funds in escrow - "just in case" this event may come to pass - while everyone else residing in our neighborhood is excluded. At present, there is no ordinance that provides a date for any commencement or completion of a sidewalk, etc., project in our neighborhood. No services are being performed or are planned to be performed by the City of Wheat Ridge in exchange for holding these funds in escrow. No fees have been assessed to any of the owners of real property in our neighborhood for sidewalks, curbs and gutters. We have replaced an eyesore with something new, and now it appears that we are being singled out as a result of that "replacement". We would be more than happy to pay our fair share of any costs for any improvements at the time those decisions are agreed upon, voted on or passed by City Council. We shouldn't have to escrow our funds for a period of 10 years for improvements that may or may not ever materialize, and give up the interest that has accrued on those funds. It is simply unfair, unjust and highly prejudicial. We should not be penalized for helping improve our neighborhood by replacing an old, broken down house. Page 4 Therefore, by virtue of the above, we request the approval for a waiver from the requirement of placing $3,013.00 into an interest bearing escrow account in lieu of the construction of public improvements so that we, along with the rest of our neighbors, can exercise our desire to remain in a rural setting and share the costs, together with our neighbors, for such constructed improvements to be implemented by the City of Wheat Ridge, if any, if ever. Respectfully, Mark and Kimberly Davis oo J c.n .A w N z ° ~ 173 p d ~ ° CA o O x v~Q o CA CD s o ;P~" QQ o o ° ~ oQ o Ca- p- o o cr Q Q a w cr CD CD CD o x oQ t cl. CD ~ N CD O (D ~ GQ ffU Y✓°Y t 4rD YS CD CD I r~3 n ° C3 CA CD O C M ' O O (D O n O `t7 r « A~ n O ts. n C m M.F Efi S F£ YA ~Ez f9 ~ I ~I 1 1 A kk "d+ f H~ ~r l S k I 'l 'f 6xC4 f I p S k S nr~. AE + g~yd'N, . . 44~ S f j { & WPug i S % y( 3 4 3wr.~ , k k. a 4... r, ` I I g r i C 1 9 t Y ' s E k M1 C` Y R . ~s~~ d X -NII i- Y 4 r, r i a S fi 4 4`f ~2 ^ ~ ri r ~a Y n ~ Joe 4 4 `x' u v_ ARTICLE II. ADMLNJSTRATION' AND ENFORCEMENT" Sec. 5-44. Compliance with subdivision regulations. Page of 9 Prior to the issuance of a certificate of occupancy for new construction of a dwelling or main building. applicable subdivision regulations existing at the time the building permit was issued shall be complied with by the owner or his assigns. This shall include the proper installation of curb, gutter and sidewalk in compliance with the adopted standards. installation of streets adjacent to the building site as required by the regulations; installation of proper fire hydrants to meet the standards adopted. proper connection to public water and sewer facilities as required by the regulations, and compliance with other adopted standards. (Ord. No. 1996-1039; § 1, 7-29-96) Sec. 5-45. Public improvements required. 'I li (a) Applications for building permits shall be reviewed by the department of public works to determine whether the proposed construction wTI require the installation or construction of public improvemen s nnc u ing, ut not limited to, street paving; curbs; guttewalks drainage facilities, or other public improvements as may be required by ordinance or the subdivision regulations. (b) If it is determined by the department of public works that any such public improvements are necessitated b the proposed construction based upon the s ecific a by t e proposed construction, including, but not limited to, drainage, traffic, street continuity, curb; gutter and sidewalk, relocation or undergrounding of utilities, street lighting, roadway construction), the department of public works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the property owner and the dedication thereof to the city. All such improvements are to be constructed in full compliance with the city's engineering division regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable city ordinance, regulations or policies. Subject to the requirements of pararh_(e)_ below, failure to construct any such required public improvements shall-enf tl~e city to withhold any certificate of occupancy. (c) _Jjit is determined by the department of public works; after consideration of the factors set forth below that such public improvements may be placed at a i~ ester date An escrow amount equalling one hundred (100) percent of the estimated cost of the required public improvements shall be deposited with the city. The cost estimate will be prepared by the engineering division, based Govements current construction costs prior to issuance of a building permit. The installation of curbs, gutters and sidewalks and related roadway may not be required where less than half of the properties on the street extending five hundred (500) feet from the lot lines of the property in question, on both sides of the fronting street, have in existence curbs, gutters and sidewalks. (2) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. `(3) installation of curbs, gutters and sidewalks would be impractical or economically easible e or not in the best interest of the city at the time of issuance of the certificate of occupancy. (d) In no event shall installation of curbs, gutters or sidewalks be required if the cost of installation of such curbs, gutters, sidewalks and other improvements exceeds ten (10) percent of the cost of the building permit value. In this case, an escrow in the amount of ten (10) percent of the value of the building permit shall be deposited with the city by the property owner prior to issuance of a building permit for the improvements. httn-//lihma ,6 mnmcnde com/oatewav.dll/CO/colorado/1219/1251/1253?f=temolatesSfn=document 1 /6/?.005 , ARTICLE H. ADMINISTRATION AND ENFORCEMENT* Page 8 of 9 In addition, the installation of curbs, gutters and sidewalks shall neither be required nor allowed upon any street designated as an exempt local street in the city's comprehensive plan nor shall the department require an escrow for public improvements. \OV%" F9 ` 433V (e) In any such event, a development agreement shall be signed by the owner of the property, pursuant to the subdivision regulations of the city, which development agreement shall remain in full force and effect for ten (10) years from the date of execution by the property owner, unless sooner released of record by the city. (f) Any owner, contractor or developer who is aggrieved by a decision of the department of public works requiring installation of such public improvements or escrowing of funds in lieu of construction shall have the right to appeal the department's determination to the board of adjustment pursuant to section 2-61 of the city's Code of Laws. (Ord. No. 1996-1039, § 1, 7-29-96) Secs. 5-46--5-55. Reserved. J DIVISION 3. ELECTRICAL INSPECTIONS' 'State law references: Electrical inspection fees, C.R.S. § 12-23-117. Sec. 5-56. Generally. All electrical work performed under the provisions of this chapter shall be subject to inspection by the division and certain types of work shall have continuous special inspection by privately employed qualified inspectors. All inspections, except those requiring a special inspection, shall be requested at least twenty-four (24) hours in advance of the actual physical inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-57. Certificate of test; retest and suspension of certificate. (a) The chief building official may, at his option, accept a certificate of test from a licensed contractor in lieu of actual inspection. Such certificate shall be on a form prescribed by the chief building official, shall be signed by a responsible representative of the licensed person, and shall set forth the date of test and the results obtained therefrom. (b) The chief building official or his authorized representative may retest any installation or assembly on which a certificate has been filed and, in the case of substantial discrepancy in the results of this test, may suspend any contractor's privilege to file such certificate in lieu of actual inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-58. Type required. Required inspections shall include, but not be limited to, the following: (1) Rough-in first inspection which shall consist of all conduits, semirigid piping or hun-//lihrarv6 munirnde cnm/vatewav_dll/Cn/colorado/ 121911251 /1253?f=temnlatesafn=document.. 1/6/2009 ARTICLE II. ADMINISTRATION AND ENFORCEMENT* Page 7 of 9 Sec. 5-44. Compliance with subdivision regulations. Prior to the issuance of a certificate of occupancy for new construction of a dwelling or main building, applicable subdivision regulations existing at the time the building permit was issued shall be complied with by the owner or his assigns. This shall include the proper installation of curb, gutter and sidewalk in compliance with the adopted standards, installation of streets adjacent to the building site as required by the regulations, installation of proper fire hydrants to meet the standards adopted, proper connection to public water and sewer facilities as required by the regulations, and compliance with other adopted standards. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-45. Public improvements required. (a) Applications for building permits shall be reviewed by the department of public works to determine whether the proposed construction will require the installation or construction of public improvements including, but not limited to, street paving, curbs, gutters, sidewalks, drainage facilities, or other public improvements as may be required by ordinance or the subdivision regulations. (b) If it is determined by the department of public works that any such public improvements are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction, including, but not limited to, drainage, traffic, street continuity, curb, gutter and sidewalk, relocation or undergrounding of utilities, street lighting, roadway construction), the department of public works shall so inform the building official, and in such event a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the property owner and the dedication thereof to the city. All such improvements are to be constructed in full compliance with the city's engineering division regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable city ordinance, regulations or policies. Subject to the requirements of paragraph (c) below, failure to construct any such required public improvements shall entitle the city to withhold any certificate of occupancy. (c) If it is determined by the department of public works, after consideration of the factors set forth below that such public improvements may be placed at a later date. An escrow amount equalling one hundred (100) percent of the estimated cost of the required public improvements shall be deposited with the city. The cost estimate will be prepared by the engineering division, based upon current construction costs prior to issuance of a building permit. (1) The installation of curbs, gutters and sidewalks and related roadway improvements may not be required where less than half of the properties on the street extending five hundred (500) feet from the lot lines of the property in question, on both sides of the fronting street, have in existence curbs, gutters and sidewalks. (2) No curbs, gutters and sidewalks shall be required for a remodeling of an existing building. (3) Installation of curbs, gutters and sidewalks would be impractical or economically unfeasible or not in the best interest of the city at the time of issuance of the certificate of occupancy. (d) In no event shall installation of curbs, gutters or sidewalks be required if the cost of installation of such curbs, gutters, sidewalks and other improvements exceeds ten (10) percent of the cost of the building permit value. In this case, an escrow in the amount of ten (10) percent of the value of the building permit shall be deposited with the city by the property owner prior to issuance of a building permit for the improvements. http://Iibrary6.municode.con~/gateway. E1111IBIT 2 nplates$fn=document... 1/6/2005 ARTICLE II. ADMINISTRATION AND ENFORCEMENT* Page 8 of 9 . In addition, the installation of curbs, gutters and sidewalks shall neither be required nor allowed upon any street designated as an exempt local street in the city's comprehensive plan nor shall the department require an escrow for public improvements. (e) In any such event, a development agreement shall be signed by the owner of the property, pursuant to the subdivision regulations of the city, which development agreement shall remain in full force and effect for ten (10) years from the date of execution by the property owner, unless sooner released of record by the city. (f) Any owner, contractor or developer who is aggrieved by a decision of the department of public works requiring installation of such public improvements or escrowing of funds in lieu of construction shall have the right to appeal the department's determination to the board of adjustment pursuant to section 2-61 of the city's Code of Laws. (Ord. No. 1996-1039, § 1, 7-29-96) Secs. 5-46--5-55. Reserved. DIVISION 3. ELECTRICAL INSPECTIONS* *State law references: Electrical inspection fees, C.R.S. § 12-23-117. Sec. 5-56. Generally. All electrical work performed under the provisions of this chapter shall be subject to inspection by the division and certain types of work shall have continuous special inspection by privately employed qualified inspectors. All inspections, except those requiring a special inspection, shall be requested at least twenty-four (24) hours in advance of the actual physical inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-57. Certificate of test; retest and suspension of certificate. (a) The chief building official may, at his option, accept a certificate of test from a licensed contractor in lieu of actual inspection. Such certificate shall be on a form prescribed by the chief building official, shall be signed by a responsible representative of the licensed person, and shall set forth the date of test and the results obtained therefrom. (b) The chief building official or his authorized representative may retest any installation or assembly on which a certificate has been filed and, in the case of substantial discrepancy in the results of this test, may suspend any contractors privilege to file such certificate in lieu of actual inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-58. Type required. Required inspections shall include, but not be limited to, the following: (1) Rough-in first inspection which shall consist of all conduits, semirigid piping or http://library6.municode.corn/gateway.dilIC01colorado/12 i 9/1251/1253?f=templates$fn=document... 1/6/2005 COMMUNITY DEVELOPMENT DEPARTMENT Building Permit Number : 17817 BUILDING INSPECTION LINE - (303-234-5933) Date : 10/1/2004 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 - (303-235-2855) M M Property Owner: MARK AND KIM DAVIS Property Address : 4240 GARLAND ST Phone : 423-3926 Contractor License No.: 22100 Company : Northstar Homes Inc. Phone : (970) 667-8830 OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT Valuation : $183,075.00 1 hereby certify that the setback distances proposed by this permit application are accurate, and Permit Fee : $1 903.47 do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or , covenants, easements or restrictions of record; that all measurements shown, and allegations Plan Review Fee : $1,237.26 made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full responsibility for compliance with the Wheat Ridge Building Use Tax : $2,196.90 Code (U.B.C.) and all other applicable eat Rid ordi ante , for work under this permit. (OWN£RXCONTRACTOR) SIGNED DATEIU Total : $5,337.63 Use : 100.00 Con l 15o,0o EF Description : SINGLE FAMILY RANCH WITH GARDEN LEVEL BASEMENT ~pt~ 8 . r~~~~s~ gy°'• _`von mss ~ -r11~' BUILDING DEPARTMENT W4 Njii;0'° oor „a any o ~e,aP atq. Ft.: 1424 Approval: JH 9/301044c ~Ji%4 Zoning : R-2 .~ryG .QIV 10 Scotian -26301 Approval: CR Approval : DFB Occupancy: R-3 Wails Electrical License No : 21864 Company:Brautigam Electric Inc. Expiration Date : 2128/2005 Approval : OK/KS OK W/ NOTES 9/27/04 " armfiva on spilidt bNatpmr►iardn~ya. OK. 9/24/04. (NEED TO ESCROW FOR PUBLIC IMPROVEMENTS = $ 3,013.60). SEE ATTACHED SHEETS Roof : Stories : Residential Units Piumbing ,D". 1 -a& b)- Mechanical License No : 22123 C bw par mmm), (70) few (or jowA pmpany : Antelope Plains Heating Ann No aft0oraagr10 beplaerdwubintlmJoal &Air ~~prior to of a P~f Cxe of °gR9'm'~cpiration Date : 1017!2005 )fi>~9r PM im) -five pacml (2SX) of MC gram no loO rhan one h umWPfficew (/0 ftproval : ok/ks j+md Mall be landreaped (1) This perms was issued in acoordance with the provisions and to the taws of the State of Colorado and to the Zoning Regulations and Budding Code of Wheat Ridge, any over apft"wuwram w ma Csy (2) This permit shall expire if (A) the work authormed is not cprnaeoad will sixty (60) days from issue dale' (B) thr - _--,--Ad is suspended' abandoned for a period of 120 days. (3) If this permit expires, a new permit may be acquired f' a fee of one-half the amourd normally required. provided nr )t pm original polaris and specifications and any suspension or abandonment has not exceeded one (1) Year. If changes exceeds one (1) year, full fees shall be paid for a row permit 11,2q6 (4) No work of any manner shall be done that will charge the natural flow of water causing a drainage problem. (5) Contractor situ! notify the Building Inspector twenly4our (24) lours in advance f' all inspectiane and shall recaw pmosedlung with success' Phases sleto-J6b-~~ Qai; &1qi . ` .303 (6) The issuance of a th proval of dre geatd specifications shall not be consbiletll/U6NPeNSt46f prowsons d o 6 c ~ Inane, law, rule or regulation. onsjeforfina(1 ~TJ roofmg plOferia `13'1/ Chief Building Inspector 1t1100poP,l,tH,85ath~,a - Please sign Terms and Conditions on'173Vefsitfe* - Z)*V"S- C/scr 7// 7 EXHIBIT 3 ~F wM~T DEPARTMENT OF PUBLIC WORKS R m SINGLE-FAMILY/DUPLEX BUILDING PERMIT APPLICATION REVIEW cot~p9o Date: 9-lZql&,;,, Location: -/21/0 G met 5 x/i7 S7-7e4Ei=-T ATTENTION: BUILDING DEPARTMENT I have reviewed the submitted application documents to construct a .S.vycE F9~n/cY A--sizEu cE to be located at the above referenced address. Please note the summary comments below. 1. ✓ Drainage: a. Drainage Certification Letter & Plan required: _ Yes v--' No b. Lot drainage/grading to be reviewed by Building Division: _1,-- c. Site drainage/grading plan has been reviewed and is: _OK - Not OK; refer to stipulations. 2. ✓ Public Improvements to be completed: a. street paving/patching: _ Yes ✓ No b. curb & gutter. _ Yes ✓No c. sidewalk: _ Yes ✓No If not the amount of escrow taken: $ 3 0':3 !00 (SZ~ i Items escrow is taken for. "yECJ cupay 4'W.nF S/DF1JA2l~ Z ' H $P P r-resr / ~t~ . Is an Escrow Agreement required: v,' Yes _ No 3. State Highway Access Permit needed: - Yes -1/N0 4. ✓ Does all existing roadway/alley R.O.W. meet the standards of the City: ✓ Yes _ No If not, what is requested: A)IA If R.O.W. is required, has the deed been received: _ Yes _ No 5. ✓ APPROVED: The Public Works Department has reviewed the submitted material and hereby approves this Permit Application, subject to the above and/or attached stipulations. 7A -y/6 Signature David F. Brossman, P.L.S. Date 6. NOT APPROVED: The Public Works Department has reviewed the submitted material and does not approve this Permit Application for the reason(s) stated: Signature David F. Brossman, P.L.S. Date 7. 44 Stipulations attached: _ Yes - No 8. "tom A Drainage Certification Letter is required prior to the issuance of the Certificate of Occupancy (C.O.) 9. ✓ NOTE: Any damage to the existing Public Improvements as a result of this construction is to be repaired to meet City standards by the Permit Applicant prior to the issuance of the Certificate of Occupancy. 9/23/2004 Item T wide X 6" HBP (asphalt) Patching 6" vertical curb 4" thick X 4' wide sidewalk Frontage for 4240 Garland Street = Engineer's Cost Estimate Escrow Funds for Public Improvements 4240 Garland Street Costfunit Unit $ 27.00 SY $ 15.00 LF $ 37.50 SY 80.00 feet Item Cost/LF LF Totals HBP Patching: $ 6.00 80.00 = $ 480.00 6" Vertical Curb: $ 15.00 80.00 = $ 1,200.00 Sidewalk: $ 16.67 80.00 = $ 1,333.60 Total Cost for Improvements = $ 3,013.60 Estimate By: David F. Btossman, Development Review Engineer $6.00/L.F. for a 2' wide patchback) $16.67/L.F. for a 4' wide walk) 4240 Garland - PI Estim Date: 2 a5 ADDRESS: A Certificate of Occupancy / Completion has been requested for: PURPOSE OF STRUCTURE: Building Department Approva Remarks: ~ tx Zoning Remarks:" J* ;/1/0,r -°k (AA Public Works Approval: Remarks: StyuPd gfiac4 d rPf~rr 4ko( J t e l cx% , a% ✓c e~" r" I. Fire Marshall Approval: (If Applicable) - Sanitation District Approval- (If Applicable) Remarks: Water District Approval: (If Applicable) Remarks: EXHIBIT 4 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of "east Ridge January 26,2005 Mark and Kim Davis eup 4240 Wheat Garland Street Wheat Ridge, CO 80033 RE: Certificate of Occupancy (C.O) for Single Family Residence at 4240 Garland Street The public works department determined on the building permit application for a single family residence at the above mentioned address that an escrow for public improvements in the amount of $3,013.60 will be required. The property owners are requesting a waiver to this requirement. Per the Code of Laws Sec. 5-45 (f) the right exists to appeal this determination to the Board of Adjustment. The issuance of the Certificate of Occupancy (C.O.) for the single family residence at 4240 Garland is subject to the following: The requirement for submission of an escrow is contingent upon the decision rendered at the February 24, 2005 Board of Adjustment hearing. In order for the C.O. to be issued, the property owners must submit the application and pay the necessary fee of $390 for the above mentioned waiver for the Board of Adjustment hearing by Monday. February 7, 2005. If the request for a waiver to public improvements is approved, the property owner's do not have to pay the escrow amount mentioned above and the C.O. remains valid as long as all other conditions of the C.O. are met. If the request for a waiver to the public improvements is denied at the February 24, 2005 Board of Adjustment hearing, the property owner must pay the specified escrow amount within 30 days of the Board of Adjustment hearing for the C.O. to remain valid. Failure to do so may result in a Summons being filed with the Wheat Ridge Municipal Court. Sincerely, Planning Technician, Conintunity Development Department I have read and understand the above conditions. o -3P-- VG4 26405- Owner Date Gty of Wheat Ridge \ I Department of Public Works MEMORANDUM To: Jeff Hirt, Planner Tech FROM: Tim Paranto, Director of Public Works / CC: Dave Brossman, Civil Engineer DATE: February 16, 2005 SUBJECT: Public Improvements at 4240 Garland Street The application for a building permit for a new house at 4240 Garland Street was reviewed b Public Works Staff on September 24, 2004. Garland Street is relatively flat south of 44 Avenue and proper drainage facilities are not in place to drain runoff from properties along the street. Development of this lot would also increase the amount of runoff in the street, as the building and driveway will decrease the vegetated area available for stormwater infiltration. As provided in City Code Section 5-45, a determination was made that curb, gutter and sidewalk were required along the frontage of the lot if a house were constructed. Gutter and sidewalks are not constructed at this time in front of adjacent lots and, therefore, it was determined that the improvements would be constructed at a later time in conjunction with construction of other curb, gutter and sidewalk along the street. The City code provides that the estimated cost of the construction of the improvements be placed in escrow to insure financial participation by the building permit applicant. It is important to understand the purpose of Section 5-45 of the City Code. Individual property owners typically do not improve their properties on the same timeline and it is not practical (and sometimes not functional) to build disconnected segments of improvements, such as curb, gutter and sidewalk. The City Code provides that required improvements, such as curb and gutter, can be constructed after a sufficient number of properties along a street have been required to construct the improvements adjacent to their properties. Escrows in place can then be used to build a larger project that will serve the neighborhood. EXHIBIT 5 Survey of Residents - Board of Adjustment February 24, 2005 Hearing Neighborhood of Garland and Garrison Streets, South of 44"' Avenue Would you be for es or against (no) sidewalks, curbs and gutters in your neighborhood should the City of Wheat Ridge pursue such improvements? Name and Address 2, iT1TiR C2~Li2Sh ~~~1Ci Cfl~2Lfa,v~ t r? v ,rAV G i1C1 'S' ` n 4. x 5. ^N f _T 5 = a''1 ~ ,i Ll -q 2 a E A',L LO S ~1 Z7~ 1=4r2~l~av~' S 1 Yes No X X Undecided EXHIBIT 6 Name and Address 9.21Y A,S~1-71- Y21Z 614&&~Q S/ 10. 0 1 \~f?~'~Ct\1} R ~T 14. /0233 .22 `rr 15. ! i 16. Yes No L-'" IK Undecided U Name and Address 72c!~,✓&L 19. 20. `ors ~YGU(Iy 21. 12/2 Y Yes No Undecided Y l~ ~r 25. 26. ,It,LC If o It h . le - -Z V y Name and Address 27. -c 28. 29. il~ueC'JlcYL' Y 30. tQ ;,i ChIL 31 32. 33 34. 35 36 Yes No Undecided AE V F-- _~d - ~v m s.. oeracrwy ac.+agoa. ~a aorat EXHIBIT 7 POSTING CERTIFICATION CASENO. WA'OS-O! PLANNING COMMISSION / CITY COUNCIL / ARD OF ADNSTME T (Circle One) HEARING DATE: 3/2-+/,')-5' (name) residing at (address) as the applicant for Case No. V/" A - 0S - 0 l , hereby certify that I have posted the Notice of Public Hearing at W ~'I E At (-[06C Gl'C W ALL (loca ion) on this fr, day of -IVuwk 20 0 a , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: 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 ~f~ 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 March 24, 2005, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29"' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. WA-05-01: An application filed by Mark & Kim Davis for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. Case No. WA-05-03: An application filed by Jeffrey Battershill for approval of a 5 foot side yard setback variance from the 10 foot side yard setback requirement for detached garages over 8 feet in height on property zoned Residential-One A (R-IA) and located at 3811 Wright Court. Case No. WA-05-04: An application filed by John C. Bandimere Jr. for approval of a 2 foot variance to the 6 foot maximum fence height standard pursuant to Section 26-603 1 resulting in an 8 foot fence on property zoned Residential-One B (R-1B) and located at 3655 Chase Street. Case No. WA-05-06: An application filed by the Wheat Ridge Housing Authority for approval of a 5 foot side and 5 foot rear yard setback variance from the 10 foot side and Z 10 foot rear yard setback requirement for detached garages over 8 feet in height on property zoned Residential-Three (R-3) and located at 4501 Everett Street. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To be published: Wheat Ridge Transcript Date: March 10, 2005 04_ Z.~ / 13 MetroScan / Jefferson (CO) Owner Owner :Baston Arthur R Parcel :043366 Site :4205 Garrison St Wheat Ridge 80033 ufo""q -1n/9"I/2no2 Mail :4205 Garrison St Wheat Ridge Cc 80033 7003 2260 0003 1176 2185 Use :1112 Res,Improved Land erione - Bedrm:l Bath:1.00 TotRm: YB:1952 Pool: B1dgSF:854 Ac: : MetroScan / Jefferson (CO) Owner :Kruger Trent D Parcel :043372 Site :*no Site Address* of^rea •nstgn/lgg5 C/lvnorME0 Mail :4210 Garland St Wheat Ridge Cc 80033 7003 2260 0003 1176 2192 Use :1155 Vacant,Residential one Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:.51 * MetroScan / Jefferson (CO) Owner :Pierce Alvin T Parcel :043392 Site :4201 Garland St Wheat Ridge 80033 xfo,-^'' - Mail :4201 Garland St Wheat Ridge Co 80033 7003 2260 0003 1176 2208 Use :1112 Res,Improved Land one Bedrm:3 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:1,062 Ac: • MetroScan / Jefferson (CO) Owner :Cecil Robert A Parcel :043410 Site :4260 Garland St Wheat Ridge 80033 7003 2260 0003 1176 2215 Mail :4660 Vance St Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm:2 Bath:1.00 TotRm: YB:1946 Pool: B1dgSF:672 Ac: * ---------------------------MetroScan / Jefferson (CO) - Owner :Gomez Juan Parcel :043416 Site :4270 Garland St Wheat Ridge 80033 Xfered :04/30/2003 Mail :4270 Garland St Wheat Ridge Co 80033 7003 2260 0-11 1176 22 m)MC-0 Use :1112 Res,Improved Land Bedrm:3 Bath:1.50 TotRm: YB:1944 Pool: B1dgSF:1,967 c: MetroScan / Jefferson (CO) Owner :Davis Kimberly A Parcel :043438 Site :4240 Garland St Wheat Ridge 80033 Xfered :04/30/1999 &MCLA IYYI Mail :4240 Garland St Wheat Ridge co 80033 7003 2260 0003 1176 2239 Use :1112 Res, Improved Land e-1er1t Bedrm:2 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:858 Ac: • MetroScan / Jefferson (CO) Owner :T Bernsten Charles Trust Pt Parcel :043449 Site :4271 Garland St Wheat Ridge 80033 Xfered tln/>> / QQQ Mail :4285 Garland St Wheat Ridge Cc 80033 7003 2260 0003 1176 2246 Use :1112 Res,Improved Land Bedrm:3 Bath:1.00 TotRm: YB:1961 Pool: B1dgSF:1,500 Ac: • MetroScan / Jefferson (CO) • Owner :Bourn Barbara J Parcel :043502 Site :4251 Garland St Wheat Ridge 80033 7003 2260 0003 1176 2253 Mail :4251 Garland St Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.75 TotRm: YB:1996 Pool: B1dgSF:1,309 Ac:.51 • MetroScan / Jefferson (CO) Owner :Ernster Denny Parcel :043506 Site :4271 Garrison St Wheat Ridge 80033 Yf^"^'' Mail :4271 Garrison St Wheat Ridge co 80033 7003 2260 0003 1176 2260 Use :1112 Res,Improved Land one . Bedrm:2 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:638 Ac: • MetroScan / Jefferson (CO) Owner :Eberling Jack W Parcel :043525 Site :9295 W 42nd Ave Wheat Ridge 80033 f---A •n2/27/2002 Mail :9295 W 42nd Ave Wheat Ridge Cc 80033 7003 2260 0003 1176 2277 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.00 TotRm: YB:1956 Pool: B1dgSF:1,075 Ac: MetroScan / Jefferson (CO) Owner :Wade Kathryn M Parcel :043534 Site :4255 Garland St Wheat Ridge 80033 Xfered :08/10/1978 Mail 2300 Linda Vista Dr LakewOQC Co 80215 7003 2260 0003 1176 2284 Use :1112 Res, Improved Land-~,it Bedrm:2 Bath: 1. 00 Tct~2m - ~~B:1953 Pool: BldgSF: 984 Ac: : i ~ Information~ftiled fir wario p sources. Real Estate Solutions makes no representations or ivarrannes~P0 the aeruracy or completeness of information contained in this report. r-------- MetroScan / Jefferson (CO) Owner :Ameriquest Mortgage Cc Site :4210 Garland St Wheat Ridge 80033 Mail :505 City Pkwy W Orange Ca 92868 Use :1112 Res,Improved Land Parcel :043545 7003 2260 0003 1176 2291 Phone Bedrm:2 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:837 Ac: * • MetroScan / Jefferson (CO) • * Owner :Thompson Thomas R Site :4261 Garrison St Wheat Ridge 80033 Mail :4261 Garrison St Wheat Ridge Cc 80033 Use :1112 Res,improved Land Parcel :198471 7003 2260 0003 1176 2307 Phone Bedrm:3 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:1,084 Ac:.25 001 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge March 10, 2005 Dear Property Owner: This is to inform you of Case No. WA-05-01 which is a request for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. This case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on March 24, 2005, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. \\srv-ci-en,001\users\kfield\Kathy\BOA\pubnotice\2005\wa0501.wpd City of Wheat Ridge ~oF W"EgIP Community Development Department m Memorandum C~GORA~~ TO: Tim Paranto FROM: Jeff Hirt, Planning Techniciadt'- SUBJECT: Waiver to Public Improvements Request 4240 Garland DATE: March 7, 2005 A request for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements per Sec. 5-45 of the Code of Laws for the property located at 4240 Garland Street goes before the Board of Adjustment public hearing on Thursday, March 24, 2005. Attached, for your information, is a letter received on this date from the applicant for this waiver. This information will be forwarded to the Board of Adjustment as part of the overall packet on Friday, March 18. Let me know if there is additional information you would like me to present (the public works response memo will be submitted). POSTING CERTIFICATION CASENO. WA•05'01 PLANNING COMMISSION / CITY COUNCI / BOARD OF ADJUSTMENT ircle One) HEARING DATE: 2-'2 OS /J / /,-(na residing at q zq6 ~ (add as the applicant for Case No. W-A'(0S'of ~ - 1 ezvU < 3 ress) hereby certify that I have posted the Notice of PublicHearingat k 0E4-r F ~G~- G77/ HALL (10cation) on this e day of viii 20 D , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: rev 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. Ot~• 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 February 24, 2005, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29 h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. WA-05-01: An application filed by Mark & Kim Davis for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To be published: Wheat Ridge Transcript Date: February 10, 2005 C~J C1 v i B a :ql * / 2 - MetroScan / Jefferson (CO) 1 Owner :Baston Arthur R Parcel :043366 Site :4205 Garrison St Wheat Ridge 80033 Xfered Mail :4205 Garrison St Wheat Ridge Cc 80033 7003 2260 0003 1176 1416 Use :1112 Res,Improved Land Bedrm: l Bath:1.00 TotRm: YB:1952 Pool: B1dgSF:854 Ac: ; MetroScan / Jefferson (CO) : Owner :Kruger Trent D Parcel :043372 Site :*no Site Address* Xfered :05/30/1995 Mail :4210 Garland St Wheat Ridge Co 80033 7003 2260 0003 1176 1423 Use :1155 Vacant,Residential Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:..51 • MetroScan / Jefferson (CO) • owner :Pierce Alvin T Parcel :043392 Site :4201 Garland St Wheat Ridge 80033 7003 2260 0003 1176 143 Mail :4201 Garland St Wheat Ridge Co 80033 0 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:1,062 Ac: * • Met=Scan / Jefferson (CO) • Owner :Cecil Robert A Parcel :043410 Site :4260 Garland St Wheat Ridge 80033 "1 1 7003 2260 0003 1176 1447 Mail :4660 Vance St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1946 Pool: BldgSF:672 Ac: * • MetroScan / Jefferson (CO) Owner :Gomez Juan Parcel :043416 Site :4270 Garland St Wheat Ridge 80033 xf--°'' 0003 1176 1454 Mail :4270 Garland St Wheat Ridge Cc 80033 7003 2260 Use :1112 Res,Improved Land Bedrm: 3 Bath:1.50 TotRm: YB:1944 Pool: B1dgSF:1,967 Ac: * • MetroScan / Jefferson (CO) • Owner :Davis Kimberly A Parcel :043438 Site :4240 Garland St Wheat Ridge 80033 - 7003 2260 0003 1176 1461 Mail :4240 Garland St Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:858 Ac: * • MetroScan / Jefferson (CO) • Owner :T Bernsten Charles Trust Pt Parcel :043449 Site :4271 Garland St Wheat Ridge 80033 2260 0003 1176 1478 Mail :4285 Garland St Wheat Ridge Cc 80033 7003 Use :1112 Res,Improved Land one . Bedrm: 3 Bath:1.00 TotRm: YB:1961 Pool: B1dgSF:1,500 Ac: * • MetroScan / Jefferson (CO) • Owner :Bourn Barbara J Parcel :043502 1485 ' Site :4251 Garland St Wheat Ridge 80033 of^" p003 1176 2260 Mail :4251 Garland St Wheat Ridge Cc 80033 7003 Use :1112 Res,Improved Land one Bedrm: 3 Bath:1.75 TotRm: YB:1996 Pool: B1dgSF:1,309 Ac:.51 ; MetroScan / Jefferson (CO) • Owner :Ernster Denny Parcel :043506 Site :4271 Garrison St Wheat Ridge 80033 xf--^l - 2260 0003 1176 1492 Mail :4271 Garrison St Wheat Ridge Co 80033 7003 Use :1112 Res,Improved Land one Bedrm: 2 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:638 Ac: - * • MetroScan / Jefferson (CO) • Owner :Eberling Jack W Parcel :043525 Site :9295 W 42nd Ave Wheat Ridge 80033 Yfered :02/27/2002 Mail :9295 W 42nd Ave Wheat Ridge Cc 80033 7003 2260 0003 1176 1508 ' ' Use :1112 Res,Improved Land x 01 Bedrm: 3 Bath:1.00 TotRm: - YB:1956 Pool: B1dgSF:1,075 Ac: * • MetroScan / Jefferson (CO) • Owner :Wade Kathryn M Parcel :043534 Site :4255 Garland St Wheat Ridge 80033 Xfered :08/10/IQ70 1515 1176 Mail :2300 Linda Vista Dr Lakewood Co 80215 - 2260 0003 7003 Use :1112 Res,Improved Land Bedrm: 2 Bath:1.00 ' TotRm: YB:1953 Pool: B1dgSF:984 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) : - Owner :Ameriquest Mortgage Cc Parcel :043545 Site :4210 Garland St Wheat R idge 80033 Xfered :01/07/2005 Mail :505 City Pkwy w orange Ca 92868 7003 2260 0003 1176 1522 Use :1112 Res,Improved Land Bedrm: 2 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:837 Ac: ; MetroScan / Jefferson (CO) • - Owner :Thompson Thomas R Parcel :198477. 176 1539 Site :4261 Garrison St Wheat Ridge 80033 7003 2260 0003 1 Mail :4261 Garrison St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1947 Pool: B1dgSF:1,084 Ac:.25 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge February 10, 2005 Dear Property Owner: This is to inform you of Case No. WA-05-01 which is a request for approval of a waiver from the requirement for an escrow of funds in lieu of construction of public improvements pursuant to Section 5-45 of the Wheat Ridge Code of Laws for property zoned Residential-Two (R-2) and located at 4240 Garland Street. This case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on February 24, 2005, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. \\sr -ci-eng-001\users\kfield\Kathy\BOA\pubnotice\2005\wa0408.wpd Property appraisal system Page 1 of 1 IISch:043449 Parcel I13:39-223-01-015 Status:Active Property Type:Residentiall I -ty Address 104271 GARLAND ST WHEAT RIDGE CO £ tg Address: 15484 W 51ST PL GOLDEN CO 80403 Name 3RMAN BARBARA CHARLENE TRUS 'TEN MARJORIE L TRUSTEE 'TEN CHARLES T TRUSTEE IlNeiehborhood: 2002 KIPLING, I-70 & CLEARCREEK AREAII Name: 330000 1725 1725 Date Certificate Sale Deed Location Map/Additional Information Send mail to assessor@po_.jefferson. cons with questions or comments about this Web site. Copyright @ 2004, Jefferson County, Colorado. All rights reserved. A Map of How to Get to Our Office Web site information current through: 01-22-2005 Version 3.2.1 - Release Date: Dec 2004 http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=043449 2/10/2005 e. Yt tip.. Hume (-veJ101-a1J Inl'nrtnmtfceea ~ ~ a Property Records Property appraisal system ParcelID:39-223-02-008 Status:Active 10 GARLAND ST EAT RIDGE CO 80033 301 93 S TRUCKEE WAY EZORA CO 80013 Name ER DA INei¢hborhood: 2002 KIPLING, I-70 & CLEARCREEK AREAII Name: 330000 1491 Date IlSale 02-19861 0 (Quit Claim Deed I CONVEROl 17-1988 20,000 Warranty Deed NODECLOI 20-1990 63,000 Warranty Deed 90072112 29-1994 89,000 Warranty Deed - Joint Tenancy 94130076 30-1997 Warranty Deed F0425533 23'2003 11 177,00 Warranty Deed F1823537 Location Map/Additional Information Send mail to assessor wilco ielferson co us with questions or comments about this Web site. Copyright @ 2004, Jefferson County, Colorado. All rights reserved. A Map of How to Get to Our Office Web site information current through: 01-22-2005 Version 3.2.1 - Release Date: Dec 2004 Page 1 of 1 http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=043545 2/10/2005 Home - .t . . - Gcllerxil Cnlarraat~[inef Property Records * Search Parameters * Jefferson (CO) * 2/9/2005 * 4:35 PM Parcel Number ...13 39 223 01 012 39 223 01 013 39 223 01 014 39 223 01 015 39 223 02 004 39 223 02 005 39 223 02 006 39 223 02 007 39 223 02 008 39 223 02 009 39 223 02 010 39 223 02 Oll 39 223 02 015 1 I ~ (139:70') ~I (142.30') (139.00') 01-015 I co I ° 0 02-011 • 2-01 0 C02-004 ' I. (141.80') (102.00') (139.50 3 .5 ' I 02-011 t,-," (3 .00' I 0 4 °D 02-015 01-014 02-010 v o V/ (139.50' CD I 141.50') ~V/ 139.20' .5 5 (1 9.20 I , 02-009 d C) ^ 01-013 I 141.00' OD 02-005 0 . 139.00') 1 o v, 02-008 v o 0 01-012 ✓ (139.00') i - (140.50') (139.70') 0 7 I ~ 02-007 02-006 01-012 8 1 (125.00') 1 48 01-011 01-010 ti~7- ,o ~o % 01-008 1 W7 I i , I , I ~I i i I i I City of Wheat Ridge Department of Public MEMORANDUM TO: Jeff Hirt, Planner Tech j~ / FROM: Tim Paranto, Director of Public Works / CC: Dave Brossman, Civil Engineer DATE: February 16, 2005 SUBJECT: Public Improvements at 4240 Garland Street The application for a building permit for a new house at 4240 Garland Street was reviewed bX Public Works Staff on September 24, 2004. Garland Street is relatively flat south of 44t Avenue and proper drainage facilities are not in place to drain runoff from properties along the street. Development of this lot would also increase the amount of runoff in the street, as the building and driveway will decrease the vegetated area available for stormwater infiltration. As provided in City Code Section 5-45, a determination was made that curb, gutter and sidewalk were required along the frontage of the lot if a house were constructed. Gutter and sidewalks are not constructed at this time in front of adjacent lots and, therefore, it was determined that the improvements would be constructed at a later time in conjunction with construction of other curb, gutter and sidewalk along the street. The City code provides that the estimated cost of the construction of the improvements be placed in escrow to insure financial participation by the building permit applicant. It is important to understand the purpose of Section 5-45 of the City Code. Individual property owners typically do not improve their properties on the same timeline and it is not practical (and sometimes not functional) to build disconnected segments of improvements, such as curb, gutter and sidewalk. The City Code provides that required improvements, such as curb and gutter, can be constructed after a sufficient number of properties along a street have been required to construct the improvements adjacent to their properties. Escrows in place can then be used to build a larger project that will serve the neighborhood. E CASE PROCESSING APPLICATION City Community Development Department 0 West 29rh Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Address 4-2-Lk At1 5(, Phone3-4/Z3-31 ~O State r!,l; zip ;6o,933 Fax State Zip Phone Contact ~x4ve Address Phone 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): Type of action requested (check one or more of the actions listed below which pertain to your request): Application submiaal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval X aiver from Section ) ❑ Other: Detailed description of Required information: Assessors Parcel Number: 3--6-2--po 9 Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Zoning: 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 accomplished. Applicants other than owners must submit power-of-attordev from the owner wb wved of this action on his behalf. Signature of To be filled out by staff: Date received Comp Plan Desig. Related Case No. . mUB4.1I L'., s day of /20 D~r o ry Public My commission expires X04 /o ff my-came ssiwt Expires 04R&2606 G /~1 Fee$ 14 ~ReceiptNoc"W?rw Zoning Pre-App Mtg. Date CaseNo. WLt-OS-o/ Quarter Section Map i.J3a- Case Manager Owner i~'ayil.Q_ Property appraisal system 1 OF 275 Next Page 1 of 1 IISch:043438 Parcel ID:39-223-02-009 Status:Active Pronertv Tvne:Residentiall I GARLAND ST LT RIDGE CO 80033 3014 ADDRESS AS PROPERZ Der Name VIS MARK A VIS KIMBERLY IINeidborhood: 2002 KIPLING, I-70 & CLEARCREEK AREAII Name: 330000 11215 Date 02-10-19891 0lQuit Claim Deed 1189012600 04-13-1998 0 Bargain Sale Deed F0593215 OS-29-1998 103,000 Warranty Deed - Joint Tenancy F0626201 F04-28-49991F ~ Bargain and Sale to Joint Tenants F0856892 Location Map/Additional Information Send mail to assessor@co.iefferson.com with questions or comments about this Web site. Copyright @ 2004, Jefferson County. Colorado. All rights reserved. A Map of How to Get to Our Office Web site information current through: 03-19-2005 Version 3.2 .2 - Release Date: Dee 2004 http://ww l4.co.jefferson.co.us/ats/displaygeneral.do?sch=043438&offset=0 3/24/2005 H General Property Racordsi Information - Property appraisal system 1 OF 275 Next Page 1 of 1 IlParcel:39-223-02-00911Schedule: 04343811Pronertv Address: 04240 GARLAND ST Built: 2005 IlAdjusted Year Built: Ranch IlImnrovement Number: LBATH N BEDROOM TRAL AIR -3/4 BATH s T TOTAL )D DECK ACH GARAG 'FRED PORC IT FLOOR BLDG/SHED Send mail to assessor@coJefferson.co.us with questions or comments about this Web site. Copyright @ 2004, Jefferson County, Colorado. All rights reserved A Map of How to Get to Our Office Web site information current through: 03-19-2005 Version 3.2.2 - Release Date: Dec 2004 http://wwl4.co.jefferson.co.us/ats/displayinventory.do?improvement=l&sch=043438 3/24/2005 Home R4~ii~~i1(a$~ Rbperty Re=ds Inven[kpry Case No.: W A059 Quarter Section Map N App: Last Name: Davis~__: - I Related Cases: App: First N ame: Mark & Kim__ Case Histor y: Owne r: Last Name: ame _ Owner: First Nam e: App Addre ss: 240 Garland St. Review Body: City, State Z ip: Wheat Ridge, CO 80033 App: Pho ne: 03-423-3926 APN. Owner Address: 249 Garland St. ! 2nd Revie w Body: City/St ate/Zip: heat Ridge,_ CO 80033 ! 2nd Review Date Owner Phone: _ame -J Decision-making Body Project Address: 240 - - Appro vaUDenial Date: Street Name Garland Street City/State, Zip: heat Ridge, CO 80033 Re so/Ordinance No.: Case Disposition: Project Planner: Hirt File Lo cation: ctive Not es: Follow- Up:.. o.: W22 aver for street improvement escrow requirement BOA - 2/24/05 9-223-02.009_ rBOA - 2/24/05... 1 Conditions of Approval: District: Date Rec eived: F2/2005 Pre-App Date: I CITY OF WHEAT RIDGE 02!04105 4:37 Pill cdb Kimberly A. Davis RECEIPT NO-CO18817 AMOUNT FMSD ZONING APPLICATION F 300.00 zone FNSD ZONING REIMBURSEMENT 90.00 zreim PA`iMENT RECEIVED AMOUNT CK 559 390.00 TOTAL 390.00 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of "eat Ridge January 26, 2005 Mark and Kim Davis 4240 Garland Street Wheat Ridge, CO 80033 RE: Certificate of Occupancy (C.O) for Single Family Residence at 4240 Garland Street The public works department determined on the building permit application for a single family residence at the above mentioned address that an escrow for public improvements in the amount of $3,013.60 will be required. The property owners are requesting a waiver to this requirement. Per the Code of Laws Sec. 5-45 (f) the right exists to appeal this determination to the Board of Adjustment. The issuance of the Certificate of Occupancy (C.O.) for the single family residence at 4240 Garland is subject to the following': The requirement for submission of an escrow is contingent upon the decision rendered at the February 24, 2005 Board of Adjustment hearing. In order for the C.O. to be issued, the property owners must submit the application and pay the necessary fee of $390 for the above mentioned waiver for the Board of Adjustment hearing by Monday, February 7, 2005. If the request for a waiver to public improvements is approved, the property owner's do not have to pay the escrow amount mentioned above and the C.O. remains valid as long as all other conditions of the C.O. are met. If the request for a waiver to the public improvements is denied at the February 24, 2005 Board of Adjustment hearing, the property owner must pay the specified escrow amount within 30 days of the Board of Adjustment hearing for the C.O. to remain valid. Failure to do so may result in a Summons being filed with the Wheat Ridge Municipal Court. Sincerely, Hirt Planning Technician, Community Development Department I have read and understand the above conditions. ~c . ~,~c~- oo S Property Owner Date R 7500 West 29P Avenue • Wheat Ridge, Colorado $0033 (303) 235-2846 Building: (303)235-2855 Engineering' (303) 235.2861 (303) 235-2857 FAX= Web Site: yw.ci,whgatrid a-co.us DATE t ~I Oj vI Name: Organization: 3 Fax: Phone: From, Division: Subject: # of Pages: Comments: Jl 3` t~[(~'C 3a3-Z3S -za4~ Building ❑ Engineering planning an (~~~1,A6-li~. -Far fi Vt ,0,0. 1,- JAW P el ~ddi.✓t C-d. COtadr fiat~tS ,~v~ tdiw 8~,~rrt roue ~©j ~ cs9- Pw t h eery E',l-firma A 0 * Z .80,Z ZZ:9T`T£/T OdW?ION ££bT8Sb£0£6 BION Unsay 96Pd amtl WPIS apoW u0111230~ ZZ:9T SOOZ T£ U?f T 'd f ~-A0da~-] - }U OD -4- T WSUIe.al *>k ZS8ZS£Z£0£:Xpd old '8 9NINNHdd ❑ Yes D Na original to follow in the mail City of Wheat Ride Fax Transmittal 7500 West 29th Avenue • Wheat Ridge, Colorado 80033 Planning: (303) 235-2846 Building: (303) 235-2855 Engineering: (303) 235-2861 FAX: (303) 235-2857 Web Site: www.ci.wheatridge.co.us DATE 1 I 10.5- Name: PM PAM S Organization: Fax: Phone: From: Division: Subject: # of Pages: Comments: 3 ©3 - 95-6 - 1+33 JEFF H (((-t 303 - z3s' - ze4~ Planning Building ❑ Engineering ❑ zg-o kAvip (Including cover page) Jigwed for c,o- 4e 1;?e Lssvd, kvi'Idtwq Pev-,"l~- S+a~vi rewt~~f s ~i y~ed for p u4 It c i wt ~r Vw ekiff ~6ke c6Qf of Caws .Sec- 2- n- 5-ol 0 and 1'(tVs-'ra{iovr of )9dvivi61 o ~rG7ferJ C.I'rir~yta~° Lvpv kf ~e~/a U CicnQr/i f ~ ,h avrlit /L' ~jre~l~I( Original to follow in the mail t, v~,lic Cr V eyit/! Vev~I wr f. ❑ Yes ❑ No s .4aju,k Date: Z i t 0 A Certificate of Occupancy I Completion has been requested for: ADDRESS: 'TV 6: LC Cll.yl/Y PURPOSE OF STRUCTURE: Building Department Approva Remarks: ~j E°t Zoning Approval/ Remarks: Public Works Approval: Remarks: Fire Marshall Approval: (If Applicable) Sanitation District Api (If Applicable) Remarks: Water District Approval: . (If Applicable) Remarks: 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 January 26, 2005 Mark and Kim Davis 4240 Garland Street Wheat Ridge, CO 80033 The City of Wheat Ridge RE: Certificate of Occupancy (C.O) for Single Family Residence at 4240 Garland Street The public works department determined on the building permit application for a single family residence at the above mentioned address that an escrow for public improvements in the amount of $3,013.60 will he required. The property owners are requesting a waiver to this requirement. Per the Code of Laws Sec. 5-45 (f) the right exists to appeal this determination to the Board of Adjustment. The issuance of the Certificate of Occupancy (C.O.) for the single family residence at 4240 Garland is subject to the following: The requirement for submission of an escrow is contingent upon the decision rendered at the February 24, 2005 Board of Adjustment hearing. In order for the C.O. to be issued, the property owners must submit the application and pay the necessary fee of $390 for the above mentioned waiver for the Board of Adjustment hearing by Monday. February 7, 2005. If the request for a waiver to public improvements is approved, the property owner's do not have to pay the escrow amount mentioned above and the C.O. remains valid as long as all other conditions of the C.O. are met. If the request for a waiver to the public improvements is denied at the February 24, 2005 Board of Adjustment hearing, the property owner must pay the specified escrow amount within 30 days of the Board of Adjustment hearing for the C.O. to remain valid. Failure to do so may result in a Summons being filed with the Wheat Ridge Municipal Court. Sincerely, Hirt Planning Technician, Community Development Department I have read and understand the above conditions. Property Owner Date COMMUNITY DEVELOPMENT DEPARTMENT Building Permit Number: 17817 BUILDING INSPECTION LINE - (303-234-5933) Date : 10/1/2004 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 - (303-235-2855) r: I,- Property Owner: MARK AND KIM DAVIS Property Address : 4240 GARLAND ST Phone : 423-3926 Contractor License No.: 22100 Company : Northstar Homes Inc. Phone : (970) 667-8830 OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT Valuation : $183,075.00 1 hereby certify that the setback distances proposed by this permit application are accurate, and Permit Fee : $1,903.47 do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations Plan Review Fee : $1,237.26 made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full responsibility for compliance with the Wheat Ridge Building Use Tax : $2,196.90 Code (U.B.C.) and all other applicable eat Ridordi ance , for work under this permit. (OWNER)(CONTRACTOR) SIGNED DATED Total: $5,337.63 Use, Ioo.oo Con 150.00 Er Description : SINGLE FAMILY RANCH WITH GARDEN LEVEL BASEMENT pp,- ~F ~ov use errs` o`oo ~s,;r' BUILDING DEPARTMENT, atVs aayao ; vtA,,~ v,1oEq. Ft.: 1424 2 - 41 Eli Approval : JH 9/30/04 ~reAQ ' Ccv naooJ~ UMMU Zoning : R-2 a4 CIO yea` do$Ko ~e o Section-26-s01(0.1) AN ph) seb s` c~O1 ja+nllydwellinp. thejhet OK W/ NOTES 9127/04 AW R59 °j My aseajro n the =*dAw 14 Approval: CR P into Onsltsahallheavjaaadwllb s~lielh drlctpawraaahnllarmatnlola, OK. 9/24/04. (NEED TO ESCROW FOR PUBLIC IMPROVEMENTS = $ Approval : DFB 3,013.60). SEE ATTACHED SHEETS Occupancy : R-3 Walls : Roof : Stories : Residential Units : 1 Electrical License No : 21864 Plumbing 8tV2~p~j~ b unit Mechanical License No : 22123 Company : Brautigam Electric Inc. &~Set Ims per seventy (7o) jest (or porN6Ampany : Antelope Plains Heating Expiration Date: 2 /2 812 0 0 5 ojamdfmntagetoheplaced within thefvw &Air aetbaekprior to laeumw oja certijicare ofoc Approval : OK/KS l~kn percent (25%) of the Date : 10/7/2005 no less than one hundred percent (100rabproval : ok/ks rout )hard shall be landscaped (1) This permit was issued in accordance with the provisions . eraoJ. {$pp~jpct to the laws of the State of Colorado and to the Zoning Regulations and Building Code of Wheat Ridge, Colorado or any ot"r app fits e o mantes oT'♦Fie city. (2) This permit shall expire if (A) the work authorized is not commenced within sixty (60) days from issue date or (S) the building authorzed is suspended or abandoned for a period of 120 days. (3) If this permit expires, a new permit may be acquired for a fee of one-half the amount nornally required, provided no changes have been or will be made in the original plans and specifications and any suspension or abandonment has not exceeded one (1) year. If changes are made or if suspension or abandonment . exceeds one (1) year, full fees shall be paid for a new permit (4) No work of any manner shall be done that will change the natural flow of wafer causing a drainage problem. (5) Contractor shall notify the Building Inspector twenty-four (24) hours in advance for all inspections and shall receive written approval on inspection card before p iing with successi phases to . (6) The he issuance of a r th prove of dre nd specifications shall not be conAQMWWAW, n qa+r, a el~be provisions of s or o finance, law, rule or regulation. onslte, for final roof ipection which specify roofing materials have been installed to meet Chief Building Inspector 11100 A PH th~re"econd wind gust-IBC (90 Please sign Terms and Conditions orf't 4?*gitt rRP.- 9/23/2004 Engineer's Cost Estimate Escrow Funds for Public Improvements 4240 Garland Street Item Cost/Unit Unit T wide X 6" HBP (asphalt) Patching $ 27.00 SY 6" vertical curb $ 15.00 LF 4" thick X 4' wide sidewalk $ 37.50 SY Frontage for 4240 Garland Street = 80.00 feet Item Cost/LF LF Totals HBP Patching: $ 6.00 80.00 = $ 480.00 6" Vertical Curb: $ 15.00 80.00 = $ 1,200.00 Sidewalk: $ 16.67 80.00 = $ 1,333.60 Total Cost for improvements = $ 3,013.60 Estimate By: David F. Brossman, Development Review Engineer $6.00/L.F. for a T wide patchback) $16.671L.F. for a 4' wide walk) 4240 Garland - PI Estim ZONING AND DEVELOPMENT § 26-501 space is provided through other means as approved by the director of community develop- ment. The agreement shall be recorded with the Jefferson County Clerk and Recorder's Office and shall be enforced until all three (3) parties sign a release. Parking of recreational vehicles, travel trailers and pickup-mounted campers. a. In all zone districts, the use of recreational vehicles, travel trailers and pickup-mounted campers for living quarters is prohibited except in approved RV parks. b. Parking of such vehicles in an approved RV park shall be limited to a maximum of thirty (30) days within the same RV park. D. Design standards. 1. Surfacing. For all uses other than single-family dwellings in agricultural zone districts, areas subject to wheeled traffic for access, parking, sales or storage, shall be properly graded for drainage and on-site detention of storm runoff. These areas shall be surfaced with concrete, asphalt or brick pavers. For one- or two-family dwellings, the first twenty-five (25) feet of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. The auxiliary storage of motorized or non-motorized vehicles cannot occur within six (6) feet of the front property line. The storage area must be hard surfaced and must be built so that the material used as to the parking surface stays contained within the parking pad (with the use of concrete curbs, railroad ties, etc). For all uses, driveway connections with the public street must be paved between the property line and the existing edge of asphalt of the street. 2. Islands. All parking areas in excess of thirty (30) spaces shall have at least one (1) interior landscaped island per thirty (30) spaces. Each such landscaped island shall occupy the equivalent of one (1) parking space (minimum) and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or larger and four (4) shrubs or accepted groundcover. At the discretion of the owner, and with approval of the director of community development, based upon the intent and purpose of this section, an acceptable alternative to individual islands •.1011ld he tha equivalent agar'^gate landscaped area developed in larl,ar 1=lands or ~,s int rior divider strips. Parking lot islands shall be irrigated with an automated sprinkler and have raised concrete curbs. No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot. 3. Lighting. Any lighting used to illuminate any off-street parking area shall not have a negative impact on the surrounding area. The light source shall be indirect, diffused or shielded type fixtures, installed to reduce glare and the consequent interference with adjacent streets and adjoining residential properties. Fixtures shall be attached to a building or mounted on poles and shall be in accordance with the requirements of section 26-503. 4. [vehicular access. Vehicular access to any property shall be controlled in such a manner as to protect the traffic-carrying capacity of the street upon which the property abuts, as well as to protect the value of the adjacent property. a. For all uses other than one- and two-family dwellings, no vehicle entrances or exits may be closer than twenty-five (25) feet to any property line except when used for joint access for two (2) or more lots. Supp. No. 31 1799 T M (s A K-C-A ~s t b~ PAU6D "ouij 3 vi alt ()avl~ For fCr sff.. 2~,. a► C~i,Cd' 1 Dewy WAI G/tVLA OF V " ~r> 4 i S b (,A P.AIJ~) (D 'D > N ce) co 6~ Cl co 0 0 « r o ~o 41) N c o N O O ; U M N A v (n ry O CD 09 C aa i N t [ N m Q (6 U) p 'v N = (D o p _ 'a 0 0 U 0 O It J i ~lj CM CL c 0 0) 04 ~ L6 C ~ y Z ' mp U) to 0~ m Q a ` O v Q' O o a m a p U c o v w C) ova p c V NO Q c Nr 0 ¢ C6 O U O o m y o a v N O ~Q (2 QEI a~a co a Q L 2 N N (6 fh o o E O =O N a - .L. a c C co L c o LL W 3: ) LL o O o 2 o o 0) o w (D c co E (D C/) V Hti a o v-0 co o b 3 U r 3L cn Z ? 20~ .co 0 m W o c~ O w ~CNL Z o d V ~ p ~ V Ty p Q) 0 Y w W Z Z co = c a p w O u o a o a doo Q *n > m m 0 Q ~ J O 0 ' V/ O Z c .0 0 E Q F- W p LLI r W G~ W H E " Z Z O E E a ~ O W W O IL F 0 0 M J W m c O z m o ■ 7 w V IM c C R Q 7 V ~ V d U) 0 Q1 L O d O R R N4=L '-2 3. rU o a 4) r E 'a m R E V w L O N c d ` ~a R o. L V O Z W W Z Z H ~ C O N O U U W m O o m O ~ U ❑ ■ w 0 fl. r. c N O) 'E E Q m 07 ~ c C U N City of Wheat Ridge Community Development Department Landscape Escrow Agreement This agreement made this day of20D5-'by and between the City of ti Wheat Ridge and Escrow in the amount of t-OLW 1-ft~-M Lf~ b • 7-5 ) is being held until all landscaping 7oD DOLLARS are completed at, In the event that by Wheat Ridge Code of Laws, Section 26-502 god See. and/or as shown on an approved landscape plan is not installed Lb-5;0+' by A-b,;I 2q% 2-op5 ,(date) the City of Wheat Ridge or its designee shall (p)C1.~ have t He right to enter upon said property to construct and/or install such improvements or do other such work to accomplish that purpose as may be necessary, provided that the ~ip City of Wheat Ridge shall first give notice in writing to the contractor, developer or owner of its intent to do so. If the City of Wheat Ridge exercises its right to perform work of any nature, including labor, materials and use of equipment either by force account or contract, the City shall have the absolute right to withdraw the escrow funds to complete said landscape improvements. The only precondition to the City's right to withdraw the escrow funds for this purpose shall be a letter from the Community Development Director, stating that the landscape improvements have not been completed or provided and that the compliance date of ~DYt~ Zq, 2,005 has expired. City of Wheat Ridge, Colorado By: Date: Date T} e ~Sr 1 41~le r d ~ \ n d N a r 0 0 0 r O r a •f I 9 y9r r~t1... ~PN9~ Noay 0 ;O.;5 v ~ w CID 4Ln m 011 OD YOUNGS MARKET 9400 W. 44th Avenue • customer's order no. p on date -/-in name address C(LL'/1 . city, state. zip t~r7 C !s S • sold by cash ❑ charge ❑ shipping information c.o.d. ❑ on acct ❑ nuantiv I ! tlescfrntmn i Dice i a[nount 435263 a /yl/ dr~a' 2 3 / 4 r T 6 S s 6 ; g s 10 11 12 13 r 14 r ; Yeceived by.. a edarm keep this slip for reference ul;sauduv 7500 West 2e Avenue a Wheat Ridge, Colorado 80033 Planning: (303) 235-2846 Building: (303) 235-2855 Engineering: (303) 235-2861 FAX: (303) 235-2857 Web Site: www.ci.wheatridge.co.us DATE i J5- Name: Organization: Fax: Phone: From: Division: Subject: # of Pages: [m 0AV(S 383- ¢58 - 1933 JEF-F 0f9T 3c13-a35'-IBaS Planning Building 0 Engineering ❑ L.a~~fraP$~ Pu~t~c -~m^Pr~✓~rne~~'f {'rcrmnr Favors (Including cover page) ¢ Comments: A-Cfe are flee -Farn.r Ofd( J~V' t scr*V Fae Idtais eh4f and( p✓1,(~c rn. prod0A'7 nfr,.. 4110 enc(oscv4 are ~aw` f - Cd'r+f U(4r'~ VaJ cave VEC I;ye trJ y4Yr rj-~h of ,~nr e ~aM ~S C a~ e e,rc ror v. ` Ov (0'/10( 0(110 VSe 40'rfl frswr at (e40JTCdpe- eovt-f~a Ioy or n J✓Je/ ¢a ri r've (f r" Original to follow in the mail © Yes \ A 0 * b ..ST.T TV:OT`TT/T -IUMON 810N lInsad abed awil IJPIS aPON TV:OT SOOZ TT uef >1<4< -a0daZ{ -,4-UQD -+TWSUIPJJ- ZS8ZS£Z£0£:Xpd ££bT8Sb£0£6 u0i~pa0~ T 'd and 2 9NINNH-ld