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HomeMy WebLinkAboutWA-05-02City of Wheat Ridge . woe ""EqT~ Community Development Department m Memorandum ~OCORAD~ TO: Applicant; File FROM: Alan White, Community Development Director SUBJECT: WA-05-02/2971 Teller St. DATE: 15 February 2005 Case No. WA-05-02 is an application filed by Affordable Garages on behalf of Leonard Kearns and is a request for an administrative variance; a variance from the required 15-foot side yard setback in the Residential One zone district. The property is 14,020.8 square feet in size, 96 feet wide and rectangular in shape. Pursuant to Section 26-205 of the Wheat Ridge Code of Laws, a minimum side yard setback of 15 feet is required for each side yard. The applicant wishes to construct an attached garage to be located 13.5 feet from the property line, which is 1.5 feet less than the required side yard setback. The property is located at 2971 Teller Street and is zoned Residential One (R-1). Pursuant to Section 26-115 (C) of the Wheat Ridge Code of Laws, the Zoning Administrator is empowered to decide upon applications for a minor variance or waiver (10% or less), without requirement of public hearing, provided that the following conditions are met: 1. The variance or waiver does not exceed ten percent (10%) of the minimum or maximum standard; and 2. That the Community Development Director finds that the "findings of fact," as set forth below, are substantially complied with and support the request; and 3. The Community Development Director has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received in such ten-day period; and 4. That no additional dwelling units would result from approval of such variance or waiver; and 5. That the limitations of Charter Section 5.10.1 are not exceeded. If all the conditions above are met, the Community Development Director may issue an administrative variance provided the findings of fact below are met: Findings of Fact: The Community Development Director shall decide upon a request for a variance or waiver, and shall base his decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: 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? 2. If the variation were granted, would it alter the essential character of the locality? 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? 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 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 the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? 6. If criteria one through five 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? This request for an administrative variance meets all applicable conditions as required by Section 26- 115(C) of the City of Wheat Ridge Code of Laws. Staff has not received comments in opposition to this request from the surrounding neighbors. Case No. WA-05-02 is hereby: APPROVED DENIED ❑ WITH CONDITIONS: F0 /WITHOUT CONDITIONS Zoning Administrator (Date) , * O - / Metro Scaefferson - . (CO) Owner :Umbriaco Paul M Parcel :021959 Site :7195 W 30th Ave Wheat Ridge 80033 Xfered :10/04/2004 Mail :7195 W 30th Ave Wheat Ridge Co 80033 7003 2260 0003 1176 1331 Use :1112 Res,Improved Land Bedrm: 3 Bath:1.00 TotRm: YB:1953 Pool: BidgSF:1,458 Ac: : MetroScan / Jefferson (CO) ' Owner :Grantham Daniel T Parcel :022090 Site :2970 Upham St Wheat Ridge 80033 xfararl •na/1n/1oa7 Mail :2970 Upham St Wheat Ridge Co 80033 7003 2260 0003 1176 1348 Use :1112 Res,Improved Land - - Bedrm: 4 Bath:2.50 TotRm: YB:1954 Pool: BldgSF:2,058 Ac:.32 MetroScan / Jefferson (CO) ' Owner :Gurule Manuel D Parcel :022335 Site :2981 Teller St Wheat Ridge 80033 Xfered :07/31/2001 Mail :2981 Teller St Wheat Ridge Cc 80033 7003 2260 0003 1176 1355 Use :1112 Res,Improved Land Bedrm: 2 Bath:1.00 TotRm: YB:1953 Pool: BldgSF:988 Ac: • MetroScan / Jefferson (CO) ' Owner :Murphy Katherine A;+ Parcel :022392 Site :2960 Upham St Wheat Ridge 80033 Xfered •n^t'^" 1176 1362 Mail :2960 Upham St Wheat Ridge Co 80033 7003 2260 0003 Use :1112 Res,Improved Land Bedrm: 3 Bath:1.50 TotRm: YB:1953 Pool: BldgSF:1,841 Ac: MetroScan / Jefferson (CO) ' * UNCCW1mirp Owner :Ley Eugene E/Sharon A Parcel :022452 Site :3011 Teller St Wheat Ridge 80033 7003 2260 0003 1176 1379 Mail :3011 Teller St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1927 Pool: B1dgSF:1,272 Ac:.36 MetroScan / Jefferson (CO) ' Owner :Keanrs Leonard L Parcel :022525 ],386 1176 - Site :2971 Teller St Wheat Ridge 80033 - 0003 7003 2260 Mail :2971 Teller St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land one Bedrm: 2 Bath:1.00 TotRm: YB:1952 Pool: B1dgSF:897 Ac: MetroScan / Jefferson (CO) ' Owner :Duran Steven J Jr Parcel :022880 Site :2980 Upham St Wheat Ridge 80033 Yf---A 2260 0003 1176 1393 Mail :2980 Upham St Wheat Ridge Cc 80033 7003 Use :1112 Res,Improved Land ne Bedrm: 3 Bath:1.75 TotRm: YB:1953 Pool: Yes B1dgSF:1,482 Ac: MetroScan / Jefferson (CO) ' Owner :Hackethal William J Parcel :022916 Site :7190 W 30th Ave Wheat Ridge 80033 Xfarorl nt IoAlonnn Mail :7190 W 30th Ave Wheat Ridge Co 80033 7003 2260 0003 1176 1409 Use :1112 Res,Improved Land Fllun~ Bedrm: 2 Bath:1.75 TotRm: YB:1953 Pool: BldgSF:1,388 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. 7500 West 29th Avenue Wheat Ridge, Colorado 80033 The City of Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 February 4, 2005 This is to inform you of Case No. WA-05-02, a request for an administrative variance of 1.5 feet from the required 15 foot side yard setback resulting in a 13.5 foot side yard setback for property located at 2971 Teller Street. The applicant is requesting an administrative variance review which allows no more than a ten percent (10%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on February 14, 2005. Thank you. eAplanningWor \zzpubnot.wpd Paul Umbriaco Daniel Grantham & M Ernestine Grantham Manuel Gurale & Dusti Gurule 7195 W 30th Ave 2970 Upham St 2981 Teller St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Katherine Murphy 2960 Upham St Wheat Ridge, CO 80033 Eugene & Sharon Ley 3011 Teller St Wheat Ridge, CO 80033 Leonard Keanrs 2971 Teller St Wheat Ridge, CO 80033 Steven Duran Jr. & Monica Duran 2980 Upham St Wheat Ridge, CO 80033 William Hackethal & Helen Hackethal 7190 W 30th Ave Wheat Ridge, CO 80033 * Search Parameters * Jefferson (CO) * 2/4/2005 * 10:37 AM Parcel Number ...8 39 264 02 009 39 264 03 004 39 264 03 005 39 264 03 006 39 264 03 013 39 264 03 014 39 264 03 015 39 264 09 001 hv (1 I i 03-004 0 03-015 (lob AU ) k-I40.DU ) 03-005 ° 03-014 r e . _ i I (138.30') S (147.50') I 03-006 03-013 (137.71') 03-006 r I Fa a~ 0 03-007 03-012 1 (155.80" (137.04') 1 l I DD.DU, 03-011 00 03-008 155.80' (136.20') 55. I i (ISB 20 4 3-010 A :PI 03-009 it V VI 13-004 13-003 13-002 13-001 ~ A Nl A UL-u l u . ~ 02 i (193.00' 73.80' I I i 4 2-009 C) C> 2 02-008 j 0 9) 02-007 i :-4 0 0 0 Pak-k j 76.20' 89.30' 89.20') I - - --30TH AVE i i 09-001 ' w 09-002 N N 09-00 I q (94.00') 9130' (93.00' I (91 30') 09-008 P 09-007 09-00 j o o I (79.00' (90.801) 95.00' - ~9Tkl6 - - I I 10-004 4I- 10-003 W 1 C) o =F, i bt5.1U' yD .il~ (wrr.uv o Toll I I W AT RIDGE A Oo 10-005 ~ 10-006 ~ I, o N i I (101.30' 124.70' I - - w 12-022 (119.70') 12-023 E CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Address JAS-/ ::;V' /Jt-" "7J Pl State _ Zip S~ Q Fs Owner / 2Ed:gW /GQ fj,F^~ Address 2 92/ S Phone 3y.1 239 & City to #r-- 4 a 1,0 State rp, Zip 802 !5 Fax 7Zo-570 - 7,70 Contact / 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): c2 9 7l % 2 L Lffn- s7-, Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ❑ Variance/Waiver (from Section ) ❑ Other: Detailed descrintiOn of Required information: Assessors Parcel Number: Current Zoning: Current 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 cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney fropo r w _ _h approved of this action on his behalf Signature of this ay o 20_Q No c mmission expires oP/Q f/66 ►sv cnl,~ee,aclOAl E3fl4RE3. To be filled out by staff: FEBRUARY 21, 2008 Date received C2- b Fee $gd c- Rec ''pt No. U/( ~J 5 Case No. WA A ' D S -e Comp Plan Desig. ZoningY ~I Quarter Section M p v Related Case No. Pre-App Mtg. Date Case Manager i C Affordable Garages, representing Len Kearns, would like to request an administrative variance. We would like to have a 10% reduction in setback, which would result in a 13 .5' setback rather than the 15' required setback. a. The property located at 2971 Teller St. would not be able to yield a reasonable return in income if the homeowner is not able to have a garage built for parking vehicles. The homeowner is planning on converting the existing garage into living space, therefore making it difficult to sell the house in the future. b. If the variance is granted it would not alter the essential character of the locality. Throughout the area, others have built large structures on their property. This garage would be attached to the house and the adjacent property owner has no problem with the proposed garage (see attached letter). c. If the homeowner has to have a 15'side setback, the garage will need to be moved behind the house, which will result in trees having to be removed. Additionally, a great deal of landscaping will need to be removed and a hard surface will be needed all the way back to the garage which would diminish the appearance of the surrounding landscapes and houses. d. The homeowners have not brought any difficulty or hardships on themselves. e. This garage would have no negative affect in any way on anyone. In fact, it would help the general appearance of the area by taking cars off the driveway and street and storing them out of sight. It will also make it safer for children in the neighborhood as there would be fewer cars for them to be running between, around and behind of It would also make it safer in regards to easier visibility for both children and drivers coming down the street. f. Granting this variance would contribute to the neighborhood as far as the property value goes and the ability to sell houses. Physically, it would be more pleasing to see a nicely constructed garage then to see a driveway with vehicles on it. These homeowners are also getting older and a garage will make it safer and easier for them to enter their house. W rn m m O n m O O W ~ H N Z w w w 1- 3 a E WW 01 R ,4 H w E a z N tt w O 0 O m O E N z Y O > O O Q C a ¢w E U U O H O O ~a W W O i 1 m W ~ O H L m m O H H WW W O P N m y a N R7O tq 7 !p ' M E- °O h l N N O q r U N N w N m U) K a O o o ~ a 0 Z w 7 N O Z d J w a u O w' m N 'o w m m U W O m z • a a o v w O N O U m F 3 a wa m Na. O a 95'IZI~ ! O Z d ti 7 J J ~I wkym~p 1 m~.c U .s Y 'U lip- 6E, e v m f36c'O..C a $ U m~~ m o.m ~w U O. m , c c l~ C O c y 0 t 0 v "."toutta~~ 0 o aq,(®Q~N•e E Q2 {Yy T~ a ~~0 an O Q pn~ y cm O. m3~C J? mmmc aqp®~®9 aPP m' rrrri/irumt lm a Z f ~ amx ~CS sy O c c '(D" n 30 m mE CL m 0 O 0 m u L m v M °.c mo ca- m a -~...jp T c I • T ~G C :Ll m C ~ T E~ O t„-C 7 cc €~.OoE ~E m. H2 m ° c m `O a v ~mzo~ oo. ~mat3o.2 oc~ OS~ T2ZE2. .ohm'-2Tm E hNmdmm E E J d~ m o '6 mE ~VH Et yE Qyp 0 CL o 3~e O E yCa L E°c0° ~pP Jy'3 ac me wFF3 0 o E UU Z ~n• ~r Case No.: A0502 _ Quarter Section Map N App: Last Name: Fe-n RReellyea Related Cases: App: First N ame: _ffordable Garages ~ Case Histor y: Owns r: Last Name: Kearns _ _ Owner: First Nam e: Len App Addre as: 1251 S. Huron St. Review Body: City, State z ip: JDenver, CO 80223, App: Pho ne: 03-548.5497 APN: Owner Address: . 971 Teller St 2nd Revie w Body: City/St ate/Zip: _ heat Ridge, CO 80033 _ 2nd Review Date Owner Phone: 9.8530 003-M Decision-making Body Project Address: 971 - - Appro vaVDenial Date: Street Name eller Street City/State, Zip: heat Ride CO 80033 Re so/Ordinance No.: Case Disposition: Project Planner: Crane File Lo cation: ctive Not es: Follow- Up: o.: A0414 100/ variance to the side and setback requirement . tlm. 9-264.03-014 Conditions of Approval: District: I Date Rec eived: 2/2005._ Pre-App Date: CITY OF WHEAT RIDGE 02/04.105 1:599 FM cdb AFFORDABLE GARAGES RECEIPT NO:C018833 AMOUNT FNSD ZONING APPLICATION F 200.00 ZONE PAYMENT RECEIVED AMOUNT CK 1022 200.00 TOTAL 200.00