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HomeMy WebLinkAboutWA-05-047500 West 29th Avenue Wheat Ridae, Colorado 80033 The City of Wheat Ridge FAX 303/235-2857 April 8, 2005 John Bandimere, Jr. 3655 Chase St. Wheat Ridge, CO 80033 Dear Mr. Bandimere: RE: Case No. WA-05-04 Please be advised that at its meeting of March 24, 2005, the Board of Adjustment APPROVED your request for 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 for the following reasons: 1. There is an approximately 2 foot grade change along a retaining wall between the property in question and the property to the south, the property to the south existing approximately 2 feet above the applicant's property. The manner in which the height of the fence is measured pursuant to the Code of Laws (from finished grade 5 feet inside the property which it belongs) makes it problematic to have a true 6 foot privacy fence for the property owners on this portion of the lot. 2. The request will have a minimal effect on the essential character of the locality. An 8 foot fence at the proposed location will be less impactive than normal given the significant grade change between the two properties. 3. Six citizens offered to speak in approval of this variance. With the following conditions: The fence height variance is approved for 110 feet along the south property line as specified by the applicant in Exhibit 1 and as modified by the Board. Construction of a fence within the minimum required front yard must adhere to applicable height standards including the method in which the fence height is measured. The fence may stairstep down to 4 feet prior to the front yard setback requirement. 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. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, September 20, 2005, unless a building permit has been obtained. John Bandimere, Jr. Page 2 April 8, 2005 Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fiel Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-05-04 (case file) Building File \\srvci-eng-001 Wsers\kfield\Kathy\BOA\CORRESP\2004\wa0504approval.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-05-04 APPLICANT'S NAME: John C. Bandimere, Jr. LOCATION: 3655 Chase Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-05-04 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-05-04 be, and hereby is, APPROVED. TYPE OF VARIANCE: 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- IB) and located at 3655 Chase Street. FOR THE FOLLOWING REASONS: 1. There is an approximately 2 foot grade change along a retaining wall between the property in question and the property to the south, the property to the south existing approximately 2 feet above the applicant's property. The manner in which the height of the fence is measured pursuant to the Code of Laws (from finished grade 5 feet inside the property which it belongs) makes it problematic to have a true 6 foot privacy fence for the property owners on this portion of the lot. 2. The request will have a minimal effect on the essential character of the locality. An 8 foot fence at the proposed location will be less impactive than normal given the significant grade change between the two properties. 3. Six citizens offered to speak in approval of this variance. Board of Adjustment Resolution No. WA-05-04 Page two (2) WITH THE FOLLOWING CONDITIONS: The fence height variance is approved for 110 feet along the south property line as specified by the applicant in Exhibit 1 and as modified by the Board. Construction of a fence within the minimum required front yard must adhere to applicable height standards including the method in which the fence height is measured. 2. The fence may stairstep down to 4 feet prior to the front yard setback requirement. VOTE. YES: ABBOTT, BELL, BLAIR, BYBEE, DRDA, HOVLAND, HOWARD NO: None ABSENT: PAGE DISPOSITION: 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-IB) and located at 3655 Chase Street was APPROVED. ADOPTED and made effective this 24th day of March, 2005. 2PauUW Board of Adjustment C.(i~rn~ r r Ann Lazzeri, Secretary Board of Adjustment 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-lA 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 Mem BAE lr aining 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.) 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-1B) 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 sworn 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 y " 03-24-05 but, due to the lateness of the hour, Mr. Bandimere told them it was not necessary for them to stay. Chair DRDA invited public comment. Jerry DiTullio 3250 Newland Street Mr. DiTullio was sworn in by Chair DRDA. He spoke in favor of the application. Chair DRDA mentioned for the record that the sign-up sheet for this case contained six signatures, all of which indicated support of the application. Board Member HOVLAND commented that this case represented a classic example of justification for a variance. In response to a question from Board Member HOWARD, Mr. Bandimere stated that the fence will stairstep down to four feet in the front setback. There was discussion regarding the length of the variance. The application is for 94 feet while 110 feet would be allowed taking the front yard setback into consideration. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-04 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- 05-04 be, and hereby is, approved. Type of Variance: 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. . For the following reasons: Board of Adjustment - 10 - 03-24-05 1. There is an approximately 2 foot grade change along a retaining wall between the property in question and the property to the south, the property to the south existing approximately 2 feet above the applicant's property. The manner in which the height of the fence is measured pursuant to the Code of Laws (from finished grade 5 feet inside the property which it belongs) makes it problematic to have a true 6 foot privacy fence for the property owners on this portion of the lot. 2. The request will have a minimal effect on the essential character of the locality. An 8 foot fence at the proposed location will be less impactive than normal given the significant grade change between the two properties. 3. Six citizens offered to speak in approval of this variance. With the following conditions: 1 PRAF 1. The fence height variance is approved for 110 feet along the south property line as specified by the applicant in Exhibit 1 and as modified by the Board. Construction of a fence within the minimum required front yard must adhere to applicable height standards including the method in which the fence height is measured. 2. The fence may stairstep down to 4 feet prior to the front yard setback requirement. The motion passed 7-0. Chair DRDA advised the applicant his request for variance was approved. D. 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. 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 approval of the application for reasons outlined in the staff report. Board Member HOWARD expressed concern that Jerry DiTullio, a member of City Council, was presenting this case. Mr. Hirt stated that Mr. DiTullio was presenting the case as Chair of the Wheat Ridge Housing Authority and staff had concluded there was no conflict in this regard. Board Member HOVLAND asked if the utility easement would be affected by the variance. Ms. Reckert explained that the easements are 5 feet wide and that is what the setback would be. Board of Adjustment I 1 - 03-24-05 w y O a ~ n O N ~ O C11 ~ W l 1 CD ewl~ 01 fD 1 CD 00 O ~q ~ C n O ~ N ~ O n vl O ~ ' 01 O O ~ i W eD OD ;aw n ~ ~r -,RAN=" I SET t00' WITNESS CORNER ON SOUTH LINE 0.8' SOUTH OF PROPERTY mod LINE m~q 0.5 SOUTH OF wim PROPERTY _ LINE jZ.. 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Sy ¢ CD A~ ~ O O ~ n O O ~ C CD CD ~10 N~ 0 ~ o CD (D CD 0 Ocr O R UQ A O CD O .O O .O N O 0 N CD s' O O O CD O n O O CD CD cn A:l CD y CD CD C CD p CD cD 0 O CD CD cn cn 0 ~ o ° cD o 0 n CD O CAD O n CD n' CD (Tq O O vD CIQ o CD o ° cm CD 0 C) a+ CAD Or o (D CD CD (D QQ O PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT March 24, 2005 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-1 B) and located at 3655 Chase Street. Name Address In Favor/Opposed Lor_ffb k( 4tnr-tchs 75 t-- w, ✓c 36 ~ c7 ~t ti ~ k)Z(tat,;7 9 3 C%~~ i p ~c s~~tr Lo El ('r, P a~,rlZl;,Ple C~Hose Sr soliccc4d- f; T~ i 5 5 S e ~l ;7r 2g: o 1 ~r ~rZ Sr V ~oF W"E°Tao CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT 00<ORP~O TO: Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME: WA-05-04/Bandimere DATE OF MEETING: March 24, 2005 ACTION REQUESTED: 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-111). LOCATION OF REQUEST: 3655 Chase Street APPLICANT (S): John C. Bandimere Jr. OWNER (S): John C. Bandimere Jr. APPROXIMATE AREA: 8,748 (.201 acres) PRESENT ZONING: Residential One B (R-1B) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map co Subject Parcel L M K I (X) DIGITAL PRESENTATION 3745 13740 3739 3730 R--1 PRD 3715 3720 W 3710 3675 W Of 3700 N W 0) co Q M U 0 `o CO In CV) LO ti F- R-1 A t" UJ M ~ Z LO 0 Z M Board of Adjustment I Case WA-05-04/Bandimere 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 3655 Chase Street. The property has Residential One B (R-113) zoning The applicant, John C. Bandimere Jr., is requesting this variance as the property owner (Exhibit 1, Letter of Request). The request is for approval of a 2 foot variance to the 6 foot maximum fence height standard pursuant to Section 26-603 of the Code of Laws resulting in an 8 foot fence. The 8 foot fence is proposed to go on the south side of the property in the backyard. The property in question sits approximately 2 foot lower in elevation than the property to the south, separated by a retaining wall. This retaining wall follows the approximate location of the property line (Exhibit 2, Survey). The purpose of this variance request is to construct a fence 8 feet in height on the north side (ground level of property in question) of the approximately 2 foot retaining wall to allow for adequate privacy for the property owner (Exhibit 3, Photos Submitted by Applicant). The location of the above mentioned retaining wall makes it problematic for the property owner to construct a privacy fence 6 foot in height that provides a true 6 feet of privacy. Per the Code of Laws Sec. 26-603 (1)(2) the height of the fence is measured from finished grade, 5 feet inside the property which it belongs. Regardless of whether the fence was on top of the approximately 2 foot retaining wall or on ground level, the fence could not exceed 6 feet above finished grade of the property in question. In other words, if the fence was constructed on top of the retaining wall for the property in question, it could not exceed approximately 4 feet in height per the above mentioned section of the Code of Laws. However, if the fence was constructed on top of the retaining wall by the property owners to the south, it could be constructed up to 6 feet. This would be allowed because the height of the fence would be measured from finished grade, 5 feet inside the property, which sits approximately 2 feet higher than the property to the north (Exhibit 4, Fence Height Illustration). The 6 foot fence height requirement is applicable to areas of the property not within the minimum required front yard, in this case the minimum required front yard setback is 30 feet. The variance request is to allow for a fence 8 feet in height along the south approximately 94 feet from the southwest property corner going east, making it not within the minimum required front yard. The Code of Laws states that no fences are allowed above the height of 48 inches within a minimum required front yard. If the applicant wishes to construct a fence within this minimum required front yard, it cannot exceed 48 inches in height measured from 5 feet inside of finished grade on the property in question. II. SITE PLAN The property is approximately 8,748 square feet, or .201 acres. The property measures 60 feet wide with a depth of 145.80 feet. The area surrounding the property in question consists of single family homes to the north and east, multi- family to the west, and a two family dwelling on the property to the south which is adjacent to the location of the proposed fence. The property to the south (3625 Chase Street) is also zoned R-113, which only allows for one family dwellings. To the best of staffs knowledge, this property has been classified as a legal nonconforming two unit dwelling. This status was last confirmed in October of 2003, pursuant to a court ruling in 2001 making this determination. A variance to fence height was approved for the adjacent property to the south, 3625 Chase Street, in 1983. The regulation for a 48 inch maximum fence height within a minimum required front yard was essentially the same as it is now in Sec. 26-603 of the current code in 1983. The variance was to allow a 5 foot fence within the Board of Adjustment 2 Case WA-05-04/Bandimere . minimum required front yard. The reasons for the variance request were stated to be for safety purposes, as there is a ditch immediately to the south of 3625 Chase Street. Staff could not find any conclusive information pertaining to whom constructed the retaining wall on the south of the property in question, and when it was constructed. H. 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. 2. If the variance were granted, would it alter the essential character of the locality? The request will have a minimal effect on the essential character of the locality. An 8 foot fence at the proposed location will be less impactive given the grade change between the two properties. 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 is an approximately 2 foot grade change along a retaining wall between the property in question and the property to the south. The manner in which the height of the fence is measured pursuant to the Code of Laws (from finished grade 5 feet inside property which it belongs) makes it problematic to have a true 6 foot privacy fence for the property owners on this portion of the lot. 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 fence of 8 feet in height in this location. However, the grade change and retaining wall may be considered a hardship relative to fence height standards. 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 the property to the south, as approval of the variance would provide for the construction of a fence 8 feet in height along the south property line. However, the fence would be approximately 6 feet above the grade of the property to the south. 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? Board of Adjustment Case WA-05-04Bandimere 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 supportive of the variance request. Staff has found that there are unique circumstances attributed to these requests that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. There is an approximately 2 foot grade change along a retaining wall between the property in question and the property to the south. The manner in which the height of the fence is measured pursuant to the Code of Laws (from finished grade 5 feet inside property which it belongs) makes it problematic to have a true 6 foot privacy fence for the property owners on this portion of the lot. 2. The request will have a minimal effect on the essential character of the locality. An 8 foot fence at the proposed location will be less impactive given the grade change between the two properties. With conditions: 1. The fence height variance is approved for the 94 feet along the south property line as specified by the applicant in Exhibit 1. Construction of a fence within the minimum required front yard must adhere to applicable height standards including the method in which the fence height is measured. Board of Adjustment 4 Case WA-05.04Bandimere John and Lorraine Bandimere Jr. 3655 Chase Street Wheat Ridge, CO 80212-7091 February 21, 2005 The City of Wheat Ridge Colorado Land use case processing application Community Development Department 7500 West 29th Avenue Wheat Ridge, CO 80033 Re: Detailed description of request for a Variance We are asking for a fence height variance of 8' for 94' on the South side of our home, from our property level. The fence will start at the farthest South/West corner of our property and be 8'in height for 94'. Then the fence will gradually (over 15') come down to 4' from our property level, to the farthest South/East corner of our property. If you will let us have this variance the fence will only be 6' in height on Magalei's property, because there is an unsightly cement retaining wall of approximately 2' between our properties. A 6' fence (which is city code) will not hide what we deal with, that is why we are asking for the variance. We have lived in our home on Chase Street, for 37 years. Our neighbor to the South of our property, Melody Magalei, rents out her home to several tenants. We are very disappointed in the way that the renters take care of the property and the owner has no concern about it, (as she lives in Utah). Lorraine is a stay at home wife and helpmate who cares about our home and the surrounding neighbors. Many calls have been made to Wheat Ridge Code Enforcement about what goes on at this property. They find ways to bypass the rules and we are tired of looking at the filth, as well as picking up their trash and toys. This is a single family dwelling with an attached apartment and an attached garage that was converted to be an additional apartment. Code Enforcement looked into this and made the ruling that one family can live in the main dwelling and one in the attached apartment, including the converted garage. Problem is that the family living in the apartment is a mother and her x-husband, her daughter and her live-in, along with two small kids and a third one on the way. To comply with the rules they cut an entry joining the two to make it appear as one apartment, and there are three outside doorways to this unit. Lastly, the Magalei property is a disgrace to our city and if left to continue the way it is, it will end up pulling all of the surrounding properties value down with it. I have attempted to contact Melody to see if we could handle this in a neighborly way and have received no response. Thank you for your consideration to the Variance matter. PS: Photo exhibits Signature of 1' to me thi ay of O15 Notary Public My or es EXHIBIT I SURVEY OF A PORTION OF THE NE 1 /4 NE 1 /4 SECTION 25 TOWNSHIP 3 SOUTH,RANG,E 69 WEST 'OF THE 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO DESCRIPTIO14: - S 8942'07" E 2648.15' THE SOUTH 60 FEET OF THE FOLLOWING DESCRIBED PROPERTY: 7504.55 7 v~_ NE CORNER NORTHEAST 1/4 SECTION 25 THAT PART OF THE W 1/2 NE 1/4 NE 1/4 Of SECTION 25, TOWNSHIP 3SOUiH, NW CORNER NORTHEAST 1/4 1143.60' 3 1/2" BRASS CAP IN. RANGE POINT BOX - RANGE 69. WEST OF THE 6TH P.M.. DESCRIBED AS:FOLLOWS: SECTION 25 1 STAMPED "LS 28279" BEGINNING AT A POINT ON THE EAST LINE OFD-A:E'. ANDERSON SUBDIVISION, 3 1/2" BRASS CAP IN I ACCORDING TO THE RECORDED PLAT, THEREOF, WHICH POINT 1S 1143.6 FEET, MORE RANGE POINT BOX STAMPED --0R LESS, :WEST, AND 570 FEET SOUTH OF THE NORTHEAST, CORNER OF SAID "LS 28279" I SECTION 25; THENCE SOUTHERLY, PARALLEL WITH -'THE EAST LINE'OF SAID SECTION, - . 120 FEET;-THENCE EAST, PARALLEL,WITH THE NORTH LINE OF SAID SECTION, 145.8 FEET; MORE OR LESS, TO THE WEST `LINE OF CHASE STREET, THENCE NORTH 120 - FEET;. THENCE WEST,. PARALLEL WITH.: THE NORTH LINE OF SAID SECTION; 145.8 1 - FEET_MORE OR LESS,: TO THE POINT OF BEGINNING. - 0 N to CERTIFICATION: ,..r. SCALE 'LO 0 ?0020 30 tO oo 1. 5/8 `INCH DIAMETER IRON PIN WITH CAP STAMPED LANE 'ENG SRV INC 168,37 IS SE 3 IMPROVEMENTS i w AT POINT SHOWN THUS: • N DELIBERATELY NOT SHOWN w w lit 2. THE LOCATION, OF THE EXISTING 'FENCES. OR -OTHER SIMILAR FEATURES DENOTING iv . rn UNES.OF POSSESSION IN THE VICINITY. OF THE PERIMETER. OF THIS TRACT, AS THE ' o i rn. PERIMETER. HAS BEEN ESTABOSHED.. BY THIS DESCRIPTON,S MAY INDICATE` OWNERSHIP-'. o u ° _ ACQUIRED=OR LOST; THROUGH UNRECORDED MEANB.`AN ATTORNEY SHOULD BE ' CONSULTED REGARDING THIS MATTER;. ,WALL CORNER IS 0.6' S z n':I 3: 5/8" DIAMETER BRASS WASHER STAMPED "LS 16637" SET AT POINT:SHOWN THUS: . AND 0.2' W OF EDGE OF WALL ON PROPERTY CORNER S 89'4707" E - 145.80' .:PROPERTY LINE I G E -0 ALL IS -0.3' N OF ° ° w~ ° Ww o ww o ww o w PROPERTY CORNER., : RECOVERED 1 1/2" PIPE 0.9' - y w . 4 LL w o ww 0 rn o a? m o a 3 o a 71 m o a 5 J NORTH AND 0.4' EAST OF CORNER ' _I. N zz 0 a ro rc J 0 a J a . SOUTH RECOVERED -#5 REBAR 0.7 uN AND 4,0' EAST OF CORNER E CORNER NORTHEAST 1/4 SECTION 25, IN RANGE POINT 80X BRASS ~AP . EXHIBIT Z _ STAMP ' STAMPED- 'LS 132123212; - - PREPARED BY: LANE ENGINEERING SERVICE: INC. PREPARED D9/03/0 9500 WEST 14TH AVENUE, LAKEWOOD, CO- 80215 pROJEC7 B1Q4 2;;? TEL: (303) 233-4042 FAX: ,(303) 233-0798 - " I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, i THE ABOVE. DRAWING IS AN ACCURATE DELINEATION OF THE SURVEY OF THE ABOVE DESCRIBED TRACT, MADE UNDER MY SUPERVISION AND COMPLETED ON AUGUST 18, L L 2004, ANDP DOES ACCURATELY DEPICT. THE DIMENSIONS OF SAID TRACT, AND THE ~ o I LOCATION OF ALL EASEMENTS OR RIGHTS-OF-WAY, VISIBLY -EVIDENT OR KNOWN TO ME AT THE TIME OF SURVEY. THE NOTES, AS SHOWN HEREON,. ARE INCLUDED AND a HEREBY MADE A PART OF THIS CERTIFICATE.. N - h M tp N i~ 1143.60' - 3 _ ' ' 145.80' N - i POINT OF BEGINNING I 'o ° EGISTERED LAND SURVEYOR - COLORADO NO. 16837 -IL Lh NOTICE: ACCORDING TO COLORADO SLAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY'. DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST _ ` DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY o I :DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE oz ( I . OF THE CERTIFICATION: SHOWN HEREON. N f °o m RECOVERED. REBAR WITH " " N ; - w 2 r LS 844 CAP STAMPED W 00 ° DO NORTH AND 0.4' * z EAST OF CORNER - EDGE OF WALL IS 0.3' W N 89'4707" W 145.80' I . - OF PROPERTY CORNER I o - NOTES;_. o b EXHIBIT 3 on m sm r r C CA POSTING CERTIFICATION CASE NO. WA -0 5- 0 4- PLANNING COMMISSION / CITY COUNCIL / B ARD OF ADJUSTM T (Circle One) HEARING DATE: M A k H 241 z00; Y\ Ic (name) residing at 3 S as Sc- 5 F/ e 2~ (address) as the applicant for Case No. (Al A " 0 5 0 ¢ , hereby certify that I have posted the Notice of Public Hearing at Vj [4 E AT /L (0 G C (,-y HALL (location) on this c&q day of 1 I[/ Y~ C1 20 C) 5 , 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 h ri g on this casland will be placed in the applicant's case file at the Community Development Department. N MAP e:1p1ann1ng1formslpostingcert Rev. 111103 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-1 A) 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 I- >1 tk/4-d5-G'f//3lvc1ihc ~ 'Ro"q- G>~Z~ ? • MetroScan / Jefferson ( O) Owner :Cravitt Cindy . Parcel : 021873 Site :3700 Chase St Wheat Ridge 80212 Xfered : 08/26/1997 Mail :3700 Chase St Wheat Ridge Co 80212 7003 6119,900 Full Use :1112 Res,Improved Land 16811 0[105 7082 Bedrm: 2 Bath:1.00 TotRm: YB:1951 Pool: B1dgS : 2470 * MetroScan / Jefferson (CO) owner :Bandimere John C Jr Parcel H :022173 2487 Site :3655 Chase St ( No Mail Wheat Ridge 80212 Xferp 01305 7[182 1680 Mail :3655 Chase St ( No Mail ) Wheat Ridge Cc 80212 7003 Use :1112 Res,Improved Land Bedrm: 3 Bath:2.25 TotRm: YB:1968 Pool: B1dgSF :2,154 Ac:.20 MetroScan / Jefferson (CO) • Owner :Rodriguez Richard L Parcel :022228 Site :3710 Chase St Wheat Ridge 80212 71103 1 680 0005 7082 2517 Mail :3710 Chase St Wheat Ridge Cc 80212 Use :1112 Res,Improved Land Phone :720-939-1202 Bedrm: 3 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF :1,296 Ac: * • Met=Scan / Jefferson (CO) ' l 022599 UNIgeLE IO ~027.~~'P Owner Site :Magalei Melody S :3625 Chase St Wheat Ridge 80212 Parce 7003 : 1680 0005 7082 2524 Mail :3700 Estes St Wheat Ridge Co 80033 Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:2.50 TotRm: YB:1941 Pool: BLdgSF :3,905 Ac:.46 * • MetroScan / Jefferson (CO) • Owner :Veitch John R Parcel :022832 Site :3715 Chase St Wheat Ridge 80212 Xfered Mail :3715 Chase St Wheat Ridge Cc 80212 7003 168D 0005 7082 2531 Use :1112 Res,Improved Land Bedrm: 3 Bath:1.75 TotRm: YB:1956 Pool: B1dgSF :2,106 Ac:.25 • MetroScan / Jefferson (CO) • Owner :Cordova Susan R Parcel :022857 Site :3690 Chase St Wheat Ridge 80212 ufo,-o.a •no/~QJ~nnA Mail :3690 Chase St Wheat Ridge Co 80212 7003 1680 0005 7082 2548 Use :1112 Res,Improved Land o e Bedrm: 4 Bath:1.75 TotRm: YB:1951 Pool: B1dgSF :1,347 Ac:.30 * • MetroScan / Jefferson (CO) . Owner :Hinrichs Loretto Parcel :080860 Site :3675 Chase St Wheat Ridge 80212 Xfered :11/14/2002 Mail :3675 Chase St Wheat Ridge Cc 80212 7003 1680 0005 7082 2555 Use :1112 Res,Improved Land Bedrm :4 Bath:1.75 TotRm: YB:1968 Pool: B1dgSF :1,621 Ac:.20 * : MetroScan / Jefferson (CO) • Owner :Luebke Enterprises Ltd Parcel :204349 Site :3760 Depew St Wheat Ridge 80212 ufo..A •n-7/ni n oaa Mail :12163 W 30th P1 Denver Cc 80215 7003 1680 0005 7082 2562 Use :5112 Res,Apartments,Improved Land one Bedrm : Bath: TotRm:6 YB:1968 Pool: BldgSF :50,528 Ac:2.81 ti)~ O 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-05-04 which is a request 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 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-eng-001 \users\kfie1d\Kathy\B0A\pubnotice\2005\wa0504.wpd Cindy Cravitt Richard Rodriguez & Georgia Rodriguez Melody Magalei & Melody Sue Magalei 3700 Chase St 3710 Chase St 3700 Estes St Wheat Ridge, CO 80212 Wheat Ridge, CO 80212 Wheat Ridge, CO 80033 John Veitch & Marilyn Veitch 3715 Chase St Wheat Ridge, CO 80212 Susan Cordova & Joseph Buchholz 3690 Chase St Wheat Ridge, CO 80212 Loretto Hinrichs & Leonard Hinrichs 3675 Chase St Wheat Ridge, CO 80212 Luebke Enterprises Ltd 12163 W 30th PI Denver, CO 80215 * Search Parameters * Jefferson (CO) * 3/8/2005 * 3:43 PM Parcel Number ...8 39 251 00 012 39 251 00 013 39 251 00 014 39 251 00 023 39 251 00 022 39 251 03 021 39 251 03 022 39 251 04 004 04-004 0 ~ N 03-025 (124 7 0 ( ao.so') 03-0 (156.00' 4 ! (137.00') ° ' I 7.80 124.7 c" co 04-004 a 4. 00 I cO1D 03-024 124.7 o - I 0 o 156.50' (140.50') (137.00') 03-0q 56.5 .5 7.5 w QO 04-004 -4 0-012 I rn 4 03-023 o 0 (125.2 o (156.50) 0 i o 1-7 0) (137 0 co 5. - 5 :::`•:i:..;;. ;?C v 140 20') (14020) I 1 ' 0 03-0 04-004 rn 03-022 0 (156.80') 0 00-013 (137.02' (124.8 56. ~ (140.01') of 7. rn 0 04-004 / 0 03-021 03-0 (157.00') 00-014 N! 137.20' o (13970') M, (12A•..,• 04-004 (139 70') ' I 00-023 (157.30 ) iv 03-0 cn 0 :04-004 C3 ~y -4 00-022 137 00' :-4 : 126. .70') .7 - w 031020 ,:r 03-00 04-004 P4 - - -o C, (158.00') 137 20' -P~ (45.51') i' I 1133 020) ( 03- co 04-004 I I o 03 ° (124. 0 (158.20') 0-0 00-024 I (13700') ' / (137 00 ) •v 1, / (92.00') 03-019 C 03-0 v 04-004 0 C> ' / I (136.70') (124. (151.80 ) % 00-027 I w (151.8 04-004 ~ i 123.83' 1 3 3' Ul o 03-018 c • r. °D 0 3-0 0 . - 136.50') I 124. 47 85. rn j `XW4 ' co 00-028 0 coo ! (136.20' co 03-0 j (144.201) (144.20 ° 03-016 c (124.( o 00-0 I (136.01') LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print of type all information) Applicant 47o®y/✓ G. aAUDtlvt~/dE J/-. Address 3~~5 436t-Se SP,-e ~ Phone 35?-q2-5--991 ity l J4FERY/2/tJ6C State Co Zip ~ t2_ Faro 69 0 o zi`) Owner - o 4k /LorZ~Ai/✓~ D:vylE/1E Address 36 SS- 6& S~ SZ~ Phone -%"d!'-:L2S kWa city fNlfW State <!I Zip o2-t2- Fax j63-697-08>5 ~CUO2aJ Contact Address ~GS ©!f~} ~172P' Phone ~d3-//2 J ~iyo City G✓t/sq> iP1®6~ State ~~fl Zip y Faxa3-6y7d~S- (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 1091-cw- 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 description of request: Required information: Assessors Parcel Number: Size of Lot (acres or square footage): r/!klS Ta Current Zoning: RF_ s:D ev rrge- Proposed Zoning: Current Use: 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- orn 'from the o hich approved of this action on his behalf. F 1 _ Signature of Applicant .~a~ ubscribed an m t met day of~, 20~ SHRADER commission expires To be filled out by staff: Date received a/~3/a S Fee $ C 6/ Reipt Case No. VU JT`-()5 ~Q~ Comp Plan Desig. Zoning Quarter Section Map /t/ a3 Related Case No. Pte-App Mtg: Date Case Manager2.G~ Lr~ • i a: r FILE; 17; APR ii 1o AN'&B a RECCR%'C 2008 s$ C JAMES P. COUNTY CLERK s is O Y O U C> o ^ C O O F O O M N o 02 r ro ro ° o > s 7 a O m ro C x C. q a Q lt~ o ~ N w ro ro ~ C .y ro O •.4.j a b Ul ~ a C , 10 m 41 ° x (D CII m " b x a ~ ~ , a :cy w ro b ~ ~ ro w: t0" sC. " CO a a m o U ~ ac \ N 0 O Q 0 O ` 1 w 3 0 3 s'- a3 ~o~uauino°Q a,DIS d Y 0 a H 0 W d y O b ro 0 0 U O cd C ° m w N -3 w 0 O w 0 zi r ro O !w w O y >r C G .C ° (o O C y ¢ o co m U o N cq M N .C cc ro 3"° C O v PN, % N ~ w O (a W C i-z N Z51 W o O co 0 W(D C~l. co a) U° C Q) G) ',V H b ,o U rU.i N c c~ .ty W C a) O a) (n O ° N O .Q CO C .-O 0 Lo ~ U a) 0 0 y N N O m m o sv Y co °ooN0U r o a Q) U co ° ro c a) Q) a) o ro c o y a) row C ° a) w p" ° z ° 0 m o a) w w oC o ro z ° ° a> o oo (a a) ° o a ro a N m 0 Q) m co Z Q) 0) (D Lo m s. W ~ NX ° ro m " c $ ro V ~ d ~ A N ~ S3 m C C ~ F ~ ro ro ro 4 Y ~ x „ ro m 3 ro a ~ a m ~ ~ ro ~ ro a ro 0. ~ O co m y •a a co C .C ro .c a ro ro :ro ~j, tea 0 cd 27 m Yq as f- 0 fi C a a ro w ~ a s O m y ro N {y ~ O G" w z I: w U ~ z 3 co (D Q O W M " w c ~ a a U r~ O r w d F o r \ ~i 06Q hem amV m mow dyo 4 V 0 Cow ..o.o P F r. ~I C, C3 L, o t a m 7 O ti , SURVEY OF A PORTION OF THE NE 1 /4 NE 1 /4 SEC TOWNSHIP 3 SOUTH,RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO DESCRIPTION: S 89'42'07" E 2648.15' THE SOUTH 60 FEET OF THE FOLLOWING DESCRIBED PROPERTY: 1143.60 NE NW CORNER NORTHEAST 1 /4 3 1 SECTION 25 I ~~-A 3 1 ~2" BRASS CAP fN ~ RANGE P41NT BOX STAMPED "L.S 28279" f~ 0 r~ I l_. I t..... 1143.60' ~ 45.80' { PAINT OF BEGINNihJG f i I i C7 ~ ~ t~ O ~ U ! "r~ i N ; c~ ~ w ~ RECQVERED R ~ ~ CAP STAMPEp ' I'"l 1 f l!. T1_!C I"'+l"3-3`{~1# 13"~ ATff"1kA! €"~i 1t"11111td 1!1'°"!'9t'^'~'ki.! _ . _ to ~ v z Q.8 NORTH A , EAST C}F COR EDGE OF WAI..L, IS 0.3' W N 89'4~'Q7" W 145.$0' r- OF PROPERTY CQRNER 0 0 W co co ~ lMPRQVEMENI"S ENG S IN 6837 IS S , DELIBERATELY NOT r ~ SN4WN 4 i ~v L ILAR. FEATURES, DENOTING 0 b rx ' OF THIS,., TRACT, S THE MAY INDICATE OWNERSHIP 0 ,-T, WALL CORNER 1S 0.6' S I AND 0.2' W OF EDGE 0~' V PROPERTY CQRNER ~ 89'42'07" ~ 145.80' QROPERTY J it GE 0 ALL I S ° u~i o z ~ ~ ~ ~z- ~ PRQRERTY C4RN ~ ~ c~ w ~ a w ~ o li.. w u-► o w RECOVERED 1 1 f ~w Boaz c~ip~? cnp~z u~ap z w ~ Z c7 c5 p ~r ~j t~ OR TH AND 0.4 rn o o ~ a a Q a ~ ~ R~COU~REQ #5 R v to ° ° AND 4.0 EAST 4 PREP,4REt3 BY: tANE ENGINEERING S~RVIC~. INCa ~r 95t~0 WEST 14TH AVENUE, LA~f~WC?Q~, CQ ~c7215 TFL. (3Q31 ?33-4442 ~'~X: (,~03) Case No.: A0504 ~ Quarter Section Map N App: Last Name: Bandimere v Related Cases: App: First N ame: ohn 8: Lorraine Case Histor y: Owne r: Last Name: ame Owner: First Nam e: App Addre as: 655 Chase St. i Review Body: City, State Z ip: heat Ridge, CO 80212 A Pho ne: 03-425.8425.8°9990 APN: Owner Address: ame 2nd Revie w Body: City/St ate/Zip: 2nd Review Date Owner Phone: ,ame Decision-making Body Project Address: 655 - Appro val/Denial Date: Street Name C_ hase Street City/State, Zip: heat Ridge, CO 80212 Re so/Ordinance No.: Case Disposition: Project Planner: Reckert File Lo cation: ]Active Not es: Follow- Up: o•: NE25 ence height variance . BOA: 3,24/05' 777 1BOA: 3124/05 Conditions of Approval: District: Date Rao eived: 24/2005 Pre-App Date: CITY OF WHEAT RIDGE 02/25/05 1:37 PM cdb J.C. Bandiiier-e, Jr. RECEIPT NO.C018948 AMOUNT FMSD ZONING APPLICATION F 300.00 zone FMSD ZONING REIMBURSEMENT 90.00 zreim PAYMENT RECEIVED AMOUNT CK 8084 390.00 TOTAL 590.00