HomeMy WebLinkAboutWA-05-037500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/235-2846 Ridge
FAX 303/235-2857
April 8, 2005
Jeffrey Battershill
3811 Wright Ct.
Wheat Ridge, CO 80033
Dear Mr. Battershill:
RE: Case No. WA-05-03
Please be advised that at its meeting on March 24, 2005, the Board of Adjustment DENIED your request for 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-I A) and located at 3811 Wright Court for the following
reasons:
1. 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 the variance.
2. There are no unique conditions related to shape or topography that render any portion of the
property in question unbuildable. The property in question is rectangular in shape and flat.
The property is larger than the minimum lot size and width for the R-1 A zone district.
3. The request would not result in a substantial benefit or contribution to the neighborhood
distinguished from an individual benefit on the part of the applicant.
4. The request would not result in the reasonable accommodation of a person with disabilities.
5. The structure, as described by the applicant, would appear to be excessive in height
exacerbating an aesthetic perception to neighbors.
Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's
decision. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County
district court in writing within 30 days of the Board's decision.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Kathy F
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: WA-05-03 (case file)
-13 l ~
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-05-03
APPLICANT'S NAME: Jeffery Battershill
LOCATION: 3811 Wright Court
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-05-03 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 protests registered against it; and
WHEREAS, the relief applied for MAY NOT be granted 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-05-03 be, and hereby is, DENIED.
TYPE OF VARIANCE: 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.
FOR THE FOLLOWING REASONS:
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 the variance.
2. There are no unique conditions related to shape or topography that render any portion of
the property in question unbuildable. The property in question is rectangular in shape
and flat. The property is larger than the minimum lot size and width for the R-IA zone
district.
The request would not result in a substantial benefit or contribution to the neighborhood
distinguished from an individual benefit on the part of the applicant.
4. The request would not result in the reasonable accommodation of a person with
disabilities.
Board of Adjustment
Resolution No. WA-05-03
Page two (2)
5. The structure, as described by the applicant, would appear to be excessive in height
exacerbating an aesthetic perception to neighbors.
VOTE: YES: ABBOTT, BELL, BLAIR, DRDA, HOWARD, HOVLAND
NO: None
ABSTAIN: BYBEE
ABSENT: PAGE
DISPOSITION: 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-
1 A) and located at 3811 Wright Court was DENIED.
ADOPTED and made effective this 24th day of March, 2005.
ioard air
of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
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. DRAFT
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-1A) 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
In reply to questions from Board Member BLAIR, Mr. Battershill stated that he could
accommodate six or seven cars in the garage. Presently, he has two cars in storage, and
others are parked on his property.
Chair DRDA invited public comment.
Ralph Santangelo
3801 Wright Court
Mr. Santangelo was sworn in by Chair DRDA. He spoke in opposition to the application.
He has lived in the subject neighborhood for 35 years. He expressed concern that his
property values would be reduced if the application is approved and he stated that he
would pursue litigation for lowered property values if necessary. He submitted three
photographs into the record which depicted the cars presently parked on the applicant's
property. He also submitted copies of the neighborhood covenants into the record. The
covenants state that all buildings must be brick or brick veneer. He expressed concern
that the applicant could use his garage as a workshop, a rental or a commercial building
and still park his cars outside. He believed the garage would be in violation of R-l A
zoning.
Board Member HOWARD commented that the applicant may legally build a detached
garage on his property. The only authority the Board has is whether or not a variance
may be allowed.
In response to a request for clarification from Board Member BELL, Ms. Reckert stated
that the city has no jurisdiction over neighborhood covenants.
Mike Lewis
3812 Wright Court
Mr. Lewis was sworn in by Chair DRDA. He lives across the street from the applicant
and spoke in favor of the application because it would improve the appearance of the
neighborhood by providing a place for the applicant to store his cars and pursue the
hobby that he loves. Moving the garage to another location would necessitate the
removal of a maple tree and also make a more difficult entrance into the garage. He
stated that if anything decreases property values in the neighborhood, it is the close
proximity to I-70, the greenbelt which produces mosquitoes, and the shopping center
across 38th Avenue from the neighborhood. He did not believe the applicant's garage
would decrease his property values at all.
Charles Powell
3832 Wright Court
Mr. Powell was sworn in by Chair DRDA. He spoke in opposition to the application. He
has lived at this address for 36 years and the neighborhood association has worked in the
past to keep the neighborhood in compliance with the covenants. In response to a
Board of Adjustment °
03-24-05
question from Board Member BLAIR, Mr. Powell stated that he was appearing as an
individual property owner and not as a representative of the homeowners association.
JoAnn Garin
12537 West 38`h Drive
Ms. Garin was sworn in by Chair DRDA. She stated she was opposed to the application.
John Santangelo
3551 S. Youngfield, Littleton
Mr. Santangelo was sworn in by Chair DRDA. He is the son of Ralph Santangelo. He
spoke in opposition to the application. He expressed concern that the vehicles would still
be sitting out in front of the home while the garage is used for a workshop.
Jeff Santangelo
765 S. Oneida Street, Denver
Mr. Santangelo was sworn in by Chair DRDA. He is also a son of Ralph Santangelo. He
spoke in opposition to the application. He stated that the applicant has already removed
mature trees.
Randy Woods
3821 Wright Court
Mr. Woods was sworn in by Chair DRDA.
He stated that he was undecided about the
application and that the situation seemed to concern the applicant and Ralph Santangelo.
John Croy
12673 West 38`h Drive
Mr. Croy was sworn in by Chair DRDA. He spoke in opposition to the application. He
stated that he lived directly behind the applicant and he did not want to look at a 15-foot
garage from his back yard. He expressed concern that the garage would decrease his
property values. He suggested the applicant move to a neighborhood where he would be
welcome to build such a garage.
rl"RAFT
Ruth Gonzales
12668 West 38`h Drive
Ms. Gonzales was sworn in by Chair DRDA. She spoke in opposition to the application.
She expressed concern that the garage would decrease her property value. She also
expressed concern about noise and paint fumes if the applicant restores cars in the garage.
In response to a question from Board Member BELL, Ms. Reckert stated that noise
problems would fall under jurisdiction of the city's code enforcement or police
department.
In response to a question from Board Member HOWARD, Ms. Reckert stated that city
regulations allow cars to be parked in the front setback as long as they are on a hard
surface and are licensed and operable. Board Member HOWARD commented that a 10
Board of Adjustment - 7 -
03-24-05
foot setback would allow cars to be parked in the setback. This would not be possible
with a 5 foot setback.
Board Member HOVLAND commented that a hardship must be established in order to
grant a variance.
Board Member HOWARD commented that the detached garages in photos submitted by
the applicant were not in the immediate neighborhood. Mr. Battershill replied that one of
the detached garages is 300 feet from his property and is built on the property line.
JoAnn Garin returned to the podium and commented. that when their subdivision was
built, the area had not yet been made a part of the city of Wheat Ridge.
Ralph Santangelo returned to the podium. He stated that he was unaware of the garage
that is built on the property line but, if it exists, it is illegal and the city should make sure
that the property owner does not continue to use it.
PRAFT
Board Member BELL asked if building code requirements would address noise and
painting problems. Ms. Reckert stated that painting of cars is not allowed in residential
neighborhoods. Jeff Battershill replied that he would not be painting cars in his garage.
He also commented that while the covenants require all structures to be built of brick or
brick veneer, there are several frame detached structures in the neighborhood and the
most expensive house in the neighborhood is framed with brick trim.
Upon a motion by Board Member ABBOTT and second by Board Member
HOVLAND the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-05-03 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 protests registered against it; and
Whereas, the relief applied for may not be granted 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-
05-03 be, and hereby is, denied.
Type of Variance: 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.
Board of Adjustment
03-24-05
For the following reasons:
1. 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 the variance.
2. There are no unique conditions related to shape or topography that render
any portion of the property in question unbuildable. The property in
question is rectangular in shape and flat. The property is larger than the
minimum lot size and width for the R-1A zone district.
3. The request would not result in a substantial benefit or contribution to the
neighborhood distinguished from an individual benefit on the part of the
applicant.
4. The request would not result in the reasonable accommodation of a person
with disabilities.
5. The structure, as described by the applicant, would appear to be excessive in
height exacerbating an aesthetic perception to neighbors.
The motion passed 6-0 with Board Member BYBEE abstaining due to a conflict in
interest in this case.
Chair DRDA advised the applicant that his request for variance was denied.
(The meeting was recessed at 10:05 p.m. and reconvened at 10:15 p.m.) T
C. 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 resulting in an 8 foot fence on property zoned Residential-One B
(R-113) and located at 3655 Chase Street.
This case was presented by Meredith Reckert. She entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. She reviewed
the staff report and digital presentation. Staff recommended approval of the application
for reasons outlined in the staff report.
John Bandimere, Jr.
3655 Chase Street
Mr. Bandimere, the applicant, was swom in by Chair DRDA. He stated that interlocking
steel posts would be used in construction of the fence. In response to an earlier question
from the Board, he explained that his property line is located right in the middle of the
existing retaining wall. He stated that he had previously contacted the property owner
who lives in Utah and offered to pay half the cost of removal of the crooked retaining
wall and construction of a new straight wall. He could have then built a fence on top of
the retaining wall without the need for variance. The property owner did not respond to
his offer. He stated that, while he does not like fences, conditions at the adjacent rental
property necessitate a fence and the fence will be built just inside the retaining wall.
Several neighbors were present earlier in the evening to speak in favor of the application
Board of Adjustment - 9 -
03-24-05
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PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
March 24, 2005
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-1A) and located at
3811 Wright Court.
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4J 4
CITY OF WHEAT RIDGE
m PLANNING DIVISION STAFF REPORT
CO[ORPOO "
TO: Board of Adjustment CASE MANAGER: Jeff Hirt
CASE NO. & NAME: WA-05-03/Battershill DATE OF MEETING: March 24, 2005
ACTION REQUESTED: 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).
LOCATION OF REQUEST:
3811 Wright Court
APPLICANT (S):
Jeffrey Battershill
OWNER (S):
Jeffrey Battershill
APPROXIMATE AREA:
12,500 (.287 acres)
PRESENT ZONING:
Residential One A (R-lA)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Location Map
Subject
N I
Board of Adjustment I
Case WA-05.03Battershilt
jurisdiction
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
1. REQUEST
The property in question is located at 3811 Wright Court. The property has Residential One (R-lA) zoning.
The applicant, Jeffrey Battershill, is requesting this variance as the property owner (Exhibit 1, Letter of
Request). The request is 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 (Exhibit 2, Site Plan/ILC). The purpose of the variance
request is to allow for the construction of a detached garage of approximately 960 square feet. The property
currently has an existing single family residence and attached two car garage. The R-lA zone district allows
single family uses and accessory buildings.
It should be noted that in 2003, the setback requirement which is applicable to this variance was changed. Prior
to the current regulation, adopted by City Council in 2003, the setback requirement was 5 feet in the R-3 zone
district for detached garages, regardless of height. Therefore the proposed garage would have been allowed
under the previous setback requirements.
The applicant has stated reasons for his variance request in the letter of request. The applicant had made
arrangements for the construction of the garage prior to the adoption of the new setbacks in 2003, whereas the
garage in the location proposed would have been considered conforming. The applicant has stated that he was
unaware of these changes that took place in 2003 until recently. The applicant also has stated that the
construction of the proposed garage will allow for the vehicles he currently has parked outside on the property
to be parked inside away from view.
A letter of objection has been received by an adjacent property owner (Exhibit 3, Letter of Objection).
All other development standards have been met with this request.
II. SITE PLAN
The property is approximately 12,500 square feet, or .287 acres. The property measures 100 feet wide with a
depth of 125 feet. The property is considerably larger than the minimum lot size and lot width for the R-lA
zone district. The R-lA zone district has a minimum lot size of 9,000 square feet, and a minimum lot width of
100 feet.
The area surrounding the property in question consists of single family homes with attached garages. There are
not any detached garages in the immediate vicinity of this property. To the best of staff s knowledge, there
have not been any setback variances approved in the immediate vicinity related to this request.
II. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance 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 variances.
Board of Adjustment 2
Case WA-05-03Battershill
2. If the variance 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 detached garages.
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?
There are no unique conditions related to shape or topography that render any portion of the property in
question unbuildable. The property in question is rectangular in shape and flat. The property is larger
than the minimum lot size and width for the R-IA zone district.
4. Has the alleged difficulty or hardship been created by any person presently having an interest in the
property?
The applicant has created his own hardship by requesting a garage in this location. There may be other
alternatives for placement of the garage, although this may be problematic for the applicant. There is also
an existing two car garage that may be utilized.
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?
Approval of the variance would not be detrimental to the public welfare or injurious to other property in
the area. There may be a decrease in the supply of light and air to adjacent properties, as approval of the
variance would provide for the construction of a 960 square foot garage. The request would not
substantially increase the congestion in public streets, increase the danger of fire or endanger the public
safety. Property values should not be impacted as a result 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 would not result in a substantial benefit or contribution to the neighborhood distinguished
from an individual benefit on the part of the applicant.
The request would 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 variance
request. Staff has found that there are not unique circumstances attributed to these requests that would warrant
approval of a variance. Therefore, staff recommends DENIAL for the following reasons:
1. 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 variances.
2. The request may have an effect on the essential character of the locality. None of the properties
in the immediate vicinity have detached garages.
Board of Adjustment 3
Case WA-05.03/Battershin
3. The applicant has created his own hardship by requesting a garage in this location.
4. The request would not result in a substantial benefit or contribution to the neighborhood
distinguished from an individual benefit on the part of the applicant.
5. While the applicant faces unfortunate circumstances, the code amendment regarding setbacks
applicable to this case heard before city council adhered to all public notification procedures. It
is not the responsibility of the city to provide notice to all citizens personally for such hearings.
Board of Adjustment
Case WA-05.03/Battershill
Jeffrey B Battershill
3811 Wright Court
Wheatridge, CO 80033
303 431 4785
02-09-2005
Letter of request for variance
The purpose of my request is to build a detached garage as I had planed upon since the
purchase of the property. The garage is a needed comfort for me to continue my personal
hobby of collecting, cherishing and preserving classic motor vehicles.
The city changed the setback requirement to ten feet in November of 2003.
My plan is to build a detached garage five feet from the south property line and ten feet
from the back or west property line.
Prior to buying my home in July of 1994, I called the city to confirm what could be done.
I was advised that the setbacks were five-foot from the back property line and a total of
fifteen feet for the sides. (North and south, five feet on one and ten feet on the other)
Existing structure is 19 feet plus away from property line on both sides.
The city changed the set back rules in November of 2003. I was not notified of this
change and if I were aware, I would have built the garage prior to the change.
I applied for a home equity line of credit and approved three years ago and just now have
I borrowed against the loan for the garage. I have not used the loan for anything else.
The advantage to the five-foot setback as compared to the ten-foot;
1. Adding the garage to the lot without detriment to the usage of the back yard and
keeping the access within reason. Having five extra feet of property on the south
side of the garage is wasted space and can be used/enjoyed as part of the main
area of the back yard if on the north side. Adhering to the ten foot set back would
interfere with direct access to proposed garage door as it would be partially
blocked by existing structure and I would need to remove a red maple tree.
2. To keep public view clear of what is often described to as derelict or unattractive
vehicles
EXHIBIT I
3. To enhance the value of my property and my life as well as the lives of my
neighbors.
4. Since I have been planning this for many years and the last time I spoke with a
city planner, Darin was his name, in early 2003 and nothing had changed nor did
he mention that it was about to change, I went ahead with the first task of this
project which was to have my underground main power line moved as it was in
the way of the planned foundation area. In order to do this I was required to bring
the electrical on my home up to code which consisted of a main breaker switch,
complete new electrical box with monitor mounted on the back of my home and
correct grounding per present code. Public Service required me to hire their
contractor to lay the new power line and I hired my own excavator and electrician
for the remainder of work. (I want to point out that I moved the power line far
enough to the north to build my planned garage. If I were to build the same garage
but five feet to the north, I would have to move the power line again!) (All
required permit(s) were obtained for this work.)
Sincerely,
1' 1
Jeff Battershill
~
Cam'
01L,LAN'S°ENGINTEERI+1G, INC
-rV 8471 Turnpike Drive, SuRe 200 Westminster, CO 80030 • {303) 426-1731
IMPROVEMENT LOCATION CERTIFICATE
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EXHIBIT 2
~E'°,NED
"V 1 8 2PP;
March 16, 2005
CASE NO. WA-05-03 3811 WRIGHT COURT
Response to request for set back changes by owner.
He is asking to forgive a zoning law so that he may further advance his hobby of
collecting, cherishing and displaying junk cars that are parked in front of his residence
and on the street. This is an R-lA Zoned area which means a residential environment and
not a memorial junk car display. See submitted photographs.
The Landscaping has been neglected since 1994 when he moved onto the property. Four
trees have been removed, a red leaf Maple is dead and what was once a beautiful thick,
green Lawn is now weeds and dust. All trees have broken branches that have not been
removed, nor have they been trimmed, with over growth onto my property. This may be
irrelevant to the question of set backs but I feel the Board should have some background
before making their decision.
He was negligent in pursuing final approval when first submitted for review and that is
no fault of the planning department for not informing him of setback changes. Funding
the project is also irrelevant since the Board does not base its decision on funding.
He has said to various neighbors that if he didn't obtain the five foot approval that he
would park cars in that space. These cars will endanger my property because of noxious
fumes and possible volatility. The advantage of an additional five feet to the North yard
means nothing because he does not keep up the landscaping in any case.
He mentions in his request to keep" the public view clear of derelict and unattractive
vehicles" then why is he building this structure if not to keep these vehicles inside away
from public view. This out structure does not increase the value of properties, in fact it
decreases the value because of a limited market for residential out buildings. This
structure is not architecturally pleasing to anyone purchasing adjacent properties.
He began to build this project without final approved construction documents, he
therefore bears the responsibility of any construction mistakes and it is not a valid reason
for this request to change setback requirements. We doubt that this person has the respect
for his neighbor's properties to keep this structure and his landscaping pleasing and well
maintained. This is why we ask the Board of Adjustment to deny his request.
Thank You
Ralph and Josephine Santangelo
3801 Wright Court
3 42 -5138
EXHIBIT 3
Dear Neighbor March 17, 2005
The resident at 3811 Wright Ct. has proposed to erect
a detached garage at the South -West corner of his
property. The city setback requirement is" Ten " Feet
from South and West Property Lines, he is asking
that these requirement be changed to "Five" Feet.
The proposed structure contains 960 square feet; it
has Ten Foot high walls, plus a roof height of Five
Feet. It is a very large SHANTY!
There will be a Public hearing with the Board of
Adjustments in Council Chambers 7500 W29th Ave,
at 7:30pm, March 24, 2005. Please attend.
This is a problem affecting the whole neighborhood;
these kind of structures (SHANTY'S) will
eventually affect Property values in the total area.
There are Zoning Laws that protect our investment
and everyone that buys a residence shall obey them.
PROTECTIVE COVENANTS
Recorded FOR Book 1343
February 17, 1961 Page 430
RIDGE SUBDIVISION
KNOW ALL MEN BY THESE PRESENTS:
That the following Protective Covenants shall apply to all Lots in
Blocks 1, 20 3 and 4, of RIDGE SUBDIVISION, Jefferson County, Colorado,
as shown on the recorded Plat thereof:
1. All Lots shall be known and described as residential lots.
3, No building shall be constructed with an exterior covering of
block, or tar paper, or other unsightly exterior, nor shall any
basement be constructed and used for residential-purposes without
at least a one story residence over said basement.
4. !nu tructures Shall constructe o r ck or brick veneer with .
alls made for the use of other materials for trimming.
5. xious or offensive trade or activity shall be carried on
upolot nor shall anything be done thereon which may be or be- i
comnoyance or nuisance to the neighborhood.
NU"I ~
' 6. No animals shall be kept on any lot except dogs and cats which
are pets of, or used by, the owners of the lot only, and not exceed-
ing in nuii"k than that allowed by the current Jefferson County
Zoning Resolution.
7. No trailer, basement, tent, garage, barn or other outbuilding
erected in the tract shall at any time be used as a residence tem- it
porarily or permanently,,,aor shirs~h! strpction of a ,emerralT
character be used as a residence.
i
S. All out u n ich are allowed as incidental to residential
use shall not be used for any commercial purposes whatsoever and ( .
shall be kept painted, and together with the lots, shall be kept
sightly and of neat appearance.
~Z
9. Nostructure shall be permitted of a height of more than one and NU~.
f
11. Easements are reserved as shown on the Plat.
until binding
12. These covenants are to ruTB nsh Clthe aiming d under shall
persons
on all the parties and all
1, 1981, at which time eziods of t ns(100)lY ars, unlesscbYla vote of
tended for successive p it is agreed to change
the ma3ority of the then owners of the lots NC
the.said Covenants in whole or in part•
ereto, or any of them, or their heirs or assigns, any 13. If the Parties of the covenants herein,
shall violate or attempto$e violate or persons owning any real
shall be lawful for any ent or Subdivision to prosecute
property situated in said develpmty against the person or persons
any proceedings at law or in e4 such Covenant and either to
violating or attempting damages or other dues
prevent him or them from so doing or to recover
for such violation.
of these Covenants by judgment or Court .
14. Invalidation of any one which
order shall in no wise affect any of the other provisions,
shall remain in full force and effect.
ib. Any and all buildings constructed on Properties of this Sub-
division shall conform to be ,uniform Building Code of Colorado"
as adopted by Jefferson County.
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 29th 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
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
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
W f} 05- U 3 ?-,D
.~crrT ,e
/
O
~
. MetroScan / Jefferson
)
(C
owner Owner
:Conner Mary E
Parcel :
Xfered :
030713
08/O1/ 9Q"
Site
:3822 Wright Ct Wheat Ridge 80033
0003 1176 2314
Mail
:3822 Wright Ct Wheat Ridge Co 80033
7003 226
0
Use
:1112 Res,Improved Land
Bedrm:
3 Bath:1.75 TotRm: YB:1961 Pool:
B1dgSF:
1,512 Ac:
*
• MetroScan / Jefferson
(CO) :
Owner
:Battershill Jeffrey B
Parcel :
030731
Site
:3811 Wright Ct Wheat Ridge 80033
y*-__a
7003 2260 0003 1176 2321
Mail
:3811 Wright Ct Wheat Ridge Co 80033
Use
:1112 Res,Improved Land
one
Bedrm:
3 Bath:1.75 TotRm: YB:1963 Pool:
BldgSF:
1,453 Ac:
*
• MetroScan / Jefferson
(CO) :
*
Owner
:Lewis Michael F
Parcel :
030738 1I/U GLIW#Q~
Site
:3812 Wright Ct Wheat Ridge 80033
7003 2260 0003 1176 2338
Mail
:3812 Wright Ct Wheat Ridge Co 80033
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:1.75 TotRm: YB:1961 Pool:
BldgSF:
1,626 Ac:
. MetroScan / Jefferson
(CO) :
Owner
:Gonzales O R/Ronald L
Parcel :
030741
Site
:12668 W 38th Dr Wheat Ridge 80033
YferPri :
02/14/2005
Mail
:12668 W 38th Dr Wheat Ridge Co 80033
7003 2260 0003 1176 2345
Use
:1112 Res,Improved Land
1911111111
Bedrm:
3 Bath:1.75 TotRm: YB:1962 Pool:
BidgSF:
1,809 Ac:
*
• MetroScan / Jefferson
(CO) :
Owner
:Croy John W
Parcel :
030815
Site
:12674 W 38th Dr Wheat Ridge 80033
XfPrPrl •
~F ~~°t'O"
0003 1176 2352
Mail
:12674 W 38th Dr Wheat Ridge Co 80033
7003 2260
Use
:1112 Res,Improved Land
Bedrm:
3 Bath:1.75 TotRm: YB:1977 Pool:
B1dgSF:
1,362 Ac:
* • MetroScan / Jefferson
(CO) :
Owner
:Woods Randy W/Kirsten 2
Parcel :
030817
Site
:3821 Wright Ct Wheat Ridge 80033
xfareri :
02/16/2005
Mail
:3821 Wright Ct Wheat Ridge Co 80033
7003 2
260 0003 1176 2369
Use
:1112 Res,Improved Land
Bedrm:
3 Bath:1.75 TotRm: YB:1961 Pool:
B1dgSF
:1,692 Ac:
*
• MetroScan / Jefferson
(CO) :
Owner
:Sharp Lowell R
Parcel
:066676
Site
:12680 W 38th Dr Wheat Ridge 80033
7003 1
680 0005 7082 2449
Mail
:12680 W38th Dr Wheat Ridge Co 80033
Use
:1112 Res,Improved Land
Phone
Bedrm
:4 Bath:2.50 TotRm: YB:1969 Pool:
B1dgSF
:2,469 Ac:
*
: MetroScan / Jefferson
(CO) :
* _
Owner
:Lewis Kenneth E
Parcel
:066677 Li/YO LF}(d1
Site
:3802 Wright Ct Wheat Ridge 80033
7003 1
680 0005 7082 2456
Mail
:3802 Wright Ct Wheat Ridge Co 80033
Use
:1112 Res,Improved Land
Phone
Bedrm
:5 Bath:2.50 TotRm: YB:1971 Pool:
B1dgSF
:1,617 Ac:
MetroScan / Jefferson
(CO) :
Owner
:Santangelo Josephine A
Parcel
f
:071533 2463
7082
Site
:3801 Wright Ct Wheat Ridge 80033
-
X
7003
1680 0005
Mail
:3801 Wright Ct Wheat Ridge Cc 80033
Use
:1112 Res,Improved Land
one
Bedrm
:4 Bath:2.50 TotRm: YB:1968 Pool
: B1dgSF
:1,593 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
303/235-2846 Fax: 3031235-2857
The City of
Wheat
Ridge
March 10, 2005
Dear Property Owner:
This is to inform you of Case No. WA-05-03 which is a request 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-l A) and located at
3811 Wright Court. 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\kfietd\Kathy\BOA\pubnotice\2005\wa0503.wpd
* Search Parameters
* Jefferson (CO)
* 3/8/2005
* 3:20 PM
Parcel
Number ...9
39
292
04
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39
292
04
002
39
292
04
003
39
292
04
004
39
292
04
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1 OF 77 Next
Page 1 of 1
IIParceL•3 9-292-04-0 0 211Schedule: 030731111rorlertv Address: 03811 WRIGHT CTII
Built: 1963 IlAdjusted Year Built: 1
IlDesim: Ranch IlImprovement Number: 11 1 I
AP COOLER I~
~IN BEDROOM
LL BATH
MT FII2EPLCE
SIN FII2EPLCE
[X-3/4 BATH
,as
MT TOTAL
MT FINISHED
M FLOOR
'TACH GARAGE
IVERED PORCH
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: 03-12-2005
Version 3.2.2 - Release Date: Dec 2004
http://ww l4.co.jefferson.co.uslatsldisplayinventory.do?improvement=l &sch=030731 3/14/2005
Hame ResidentIal
]Inventory
PWP04 Records y
Proper[,' appraisal system
1 OF 77 Next
Page 1 of 1
IISch:030731 Parcel ID:39-292-04-002 Status:Active Property Type:Residentiall
811 WRIGHT CT
II IIWHEAT RIDGE CO 80033 3817 II
IlMniling Addregs:IISA M ADDRESS AS PROPERTYII
Name
JEFFREY B
Neighborhood: 2403 APPLEWOOD VILLAGES, PROSPECT VALLEY AREASI
Name: 638800
Date
-anty Deed - Joint
Claim Deed
Claim Deed
Location Map/Additional Information
Send mail to assessor@cojefferson.co.as 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: 03-12-2005
Version 3.2.2 - Release Date: Dec 2004
http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=030731 3/14/2005
Harms G~nerai ~W li
Propmv Retards; Information
LAND USE CASE PROCESSING APPLICATION
Community Development Department.
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicignt JEFFREY BATTERSHILL Address 3811 WRIGHT CT Phone 303 237 5445
80033 Fax 303 239 8807
('itv WHE State Zip
Owner SAME
Address Phone
State Zip Fax
Contact SAME 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, and will receive a copy of the staff report prior to Public Hearing.)
Location of request (address): 3811 WRIGHT CT. , WHEITYIDGE, CO 80033
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
O Change of zone or zone conditions
❑ Special Use Permit
❑ Consolidation Plat
❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception
0 Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment
❑ Right of Way Vacation
❑ Planned Building Group
❑ Temporary Use, Building, Sign
❑ Site Development Plan approval
XXVariance/Waiver (from Section )
❑ Other:
Detailed description of requestSEE LETTER OF ACTION
Required information:
Assessors Parcel Number:
Current Zoning: RI-A
Current 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-attorney om the owner which approved of this action on his behalf.
Signature of Applicant
Subscribed /Mk day of '2006
-O-d -o- ~ = N taryPubiic /
My commission expire ! / / /a 105
To be filled out by staff-
Date received Fee S,
Comp Plan Desig. Zoning_
Related Case No. Pre-App P
Size of Lot (acres or square footage): 12,500
Proposed Zoning:
Proposed Use:
Case No."
Quarter Section Ma _ ✓ y
Case Manager 1
39 292 04 002
List of property owners within 100 feet;
Ralph Santangelo, 3801 Wright Ct.
Kenneth Lewis, 3802 Wright Ct.
Michael Lewis, 3812 Wright Ct.
Kathy Marquardt, 3822 Wright Ct.
Randy Woods, 3821 Wright Ct.
Ruth Gonzales, 12668 W. 38'x' Dr.
John Croy, 12674 W. 38th Dr.
Becki Sharp, 12680 W. 38`b Dr.
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Case No.:
A0503 _
Quarter Section Map N
App: Last Name:
Battershill
Related Cases:
App: First N ame:
effrey
Case Histor y:
Owne r: Last Name:
Fame
_
Owner: First Nam e:.
i
App Addre as:
811 Wright Ct. _
Review Body:
City, State Z ip:
heat Ridge, CO 80033
App: Pho ne:
03-237-5445
APN:
Owner Address:
-ame
2nd Revie w Body:
City/St ate/Zip:
2nd Review Date
Owner Phone:
ame
Decision-making Body
Project Address:
811 _
-
Appro val/Denial Date:
Street Name
..right court
Cl ty/State, Zip:
heat Ridge, CO 80033
Re so/Ordinance No.:
Case Disposition:
Project Planner: Hirt
File Lo cation: c_twe
Not es:
Follow- Up:~
o.: NW29 Fariance to side yard
BOA: 3/24/05.__.
F9-292-04.002_
BOA: 3/24/05
Conditions of Approval:
District: III
Date Rec eived: 11/2005"_
Pre-App Date:
CITY OF WHEAT RIDGE
02111/05 10.31 AM cdb
Jeff Battershill
RECEIPT NOX018879 AMOUNT
FMSD ZONING APPLICATION F 300.00
zone
FMSD ZONING REIMBURSEMENT 90.00
zreim
PAIMENT RECETIIED AMOUNT
CK 1778 390.00
TOTAL 390.00
6/18/02 rh
Directions
1. Fill in the blanks on pages 2 and 3 with dimensionsLand materials which will be used to build the J 3
L P1166L
structure. Please print legibly.
2. Indicate in the check boxes on page 3 which detail from page 4 will be used.
Note: Heated garages may require special provisions.
Dimension 3 D'
Locate and Indicate rafter or
detail bracing truss direction
❑ Garage is heated
Garage is not heated
Show door and window header sizes and location
and size of landing in front of door
o
Dimension
e
slope
sl
'
minimum concrete slab
31/2
x
heade
(2)2 2x70
[
Note:
~
~
If roof trusses or rafters bear on header,
3
special header design may be required
M
Double 2x4 or 2x8 trimmers each
N n
end of overhead door header
Garage door opening
r<g n t
i- 11 Garage door opening width 1
Dimension" I " 2,8- minimum, with plywood sheathing on outside of entire wall Dimension' 1 t 7J
withhold downs. If less than 2'8", engineering maybe required.
This handout was developed by the Colorado Chapter of the
International Code Council as a basic plan submittal under
the 2000 International Residential Code. It is not intended
to cover all circumstances. Check with your Department of
Building Safety for additional requirements.
121
6/18102 rh
;Truss or 2x rafters spaced" O.C.
(exampler Pul chackmark m box-or-2 x 10 Rafters Spawd24' O.C.)
Minimum lx h ridge board
Roof
tab
Underlayment 15 -i-- €FL r
(example: 1 layer I s# felt)
q
Provide roof tie downs and solid
2x blocking between rafters
(2x12 or greater)
Iceiling Insulation /k
(11 heated- example: A,?8)
joists @
Note: Pre-engineered roof trusses
whruss clips and hardened nails may be
used in lieu of roof structure shown.
Diagonal wind bracing or plywood shear panels
@ comers and each 25' of wall.
Double 2x14 top plate
(example: 2 x 6)
Span 9q) I if
(example: 23'5')
Ceiling height 1„~ I
(example: 8)
Siding T- 1 d 1
(example: lap or T-111)
Wall sheathin "g P S 13
2x 14 studs @ 16"O.C.
(example: 2x,9 0 24' O.C.)
A
Foundation Detail A
❑ Foundation Detail B
r Cont. 2x q sill plate
(example: 2 x 6)
Wall Insulation
(If heated- example: R-19 Fiberglass Balls)
Footing size _x_
(example: 8' x 16
This handout was developed by the Colorado Chapter of the
International Code Council as a basic plan submittal under
the 2000 international Residential Code. It is not intended
to cover all circumstances. Check with your Department of
Building Safety for additional requirements.
131
Note: For roofs with slopes between 2:12-4:12, follow manufacturer's instrustions for low slope application of roofing material.
Residential Worksheet (SF/Duplex)
Submittal re utrements:
Copy of Deed E7 Site Plan (to scale) 1711, Elevations
Address: 3611 vjIel6Nt C7,
Zoning: 12-- (A Use: S F
Lot Size: 0'C00 sq. ft.
Property in the flood plain?
Lot Width: 16 D ft.
1J0
Maximum Lot Coverage: 30 %
Proposed Improvements:
House: sq. ft.
Addition to House: sq. ft.
Shed: sq. ft.
Detached Garage: 9(00 sq. ft.
Proposed Lot Coverage: (Total) 2 G %
3Zo l sq. ft.
7,fig' w~tit' Stdumjieto-)
/C
Required Setbacks: FR 30 S (Q S_(6 R M_
Provided Setbacks: FR 30 S S S (d R (0
Maximum Height:
ft.
Proposed Height: 57
Maximum Size: (a~ 0 sq. ft.
Proposed Size: l(oQ sq. ft.
Access Notes
For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site
shall be surfaced with concrete, asphalt, brick pavers or similar materials.
For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any
property line, except when used as joint access for two or more lots.
In residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width.
One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet
apart, measured from the interior edges.
For all uses, one access point per property is permitted.
Landscapine Notes
For one-and two-family dwellings, one tree for every 70 feet of street frontage is required.
100%r of the front yard and 25% of the entire lot must be landscaped prior to issuance of C.O.
3-75-0
sq. ft.
Existing Improvement(s):
House: sq. ft. s y4 1
Shed: sq. ft.
Detached Garage: sq. ft.
Other: sq. ft.
Street trees required: Street trees provided: