HomeMy WebLinkAboutWA-05-05City of Wheat Ridge Boa ""EqT~
Community Development Department m
Memorandum c~CORA~~
TO: File
FROM: Jeff Hirt, Planning Technician
SUBJECT: WA-05-14
DATE: July 29, 2005
Please refer to Case Number WA-05-14, which was a request for approval of a variance from the
required 30 foot front yard setback resulting in a 21 foot front yard setback for property zoned
Residential-One C (R-1C) and located at 5725 West 37`h Avenue.
The applicant determined that the administrative variance approval was not sufficient, however the
above case was denied before the Board of Adjustment on July 28, 2005.
City of Wheat Ridge
Community Development Department
Memorandum
TO: Applicant; File
FROM: Alan White, Director of Community Development
SUBJECT: WA-05-05/5725 W. 37`h Avenue
DATE: March 22, 2005
m
Case No. WA-05-05 is an application filed by Edward I Kauffman and is a request for approval of an
administrative variance; a variance from the required 30 foot front yard setback in the Residential-One C
(R-1C) zone district. The property is 5,085 square feet in size, 50.85 feet wide, and 100 feet in depth.
Pursuant to Section 26-208 of the Wheat Ridge Code of Laws, a minimum front yard setback of 30 feet
is required. The applicant wishes to construct an attached garage to be located 27 feet from the south
(front) property line, which is 3 feet less than the required setback. The property is located at 5725 W.
37`h Avenue and is zoned R-1C.
Pursuant to Section 26-115 (C) of the Wheat Ridge Code of Laws, the Zoning Administrator is
empowered to decide upon applications for a minor variance or waiver (10 percent or less), without
requirement of public hearing, provided that the following conditions are met:
1. The variance or waiver does not exceed ten percent (10%) of the minimum or maximum
standard; and
2. That the Community Development Director finds that the "findings of fact," as set forth below,
are substantially complied with and support the request; and
3. The Community Development Director has notified adjacent property owners by letter notice
and posting of the site at least ten (10) days prior rendering his decision, and that no protests
have been received during such ten-day period; and
4. That no additional dwelling units would result from approval of such a variance or waiver; and
5. That the limitations of Charter Section 5.10.1 are not exceeded.
If all the conditions above are met, the Community Development Director may issue an administrative
variance provided the findings of fact below are met:
Findings of Fact: The Director of Community Development shall decide upon a request for a variance
or waiver, and shall base his decision in consideration of the extent to which the following facts,
favorable to the applicant, have been established by the evidence:
1. Can the property in question yield a reasonable return in use or income if permitted to be used only
under the conditions allowed by regulation for the district in which it is located?
2. If the variation were granted, would it alter the essential character of the locality?
3. Does the particular physical surrounding, shape or topographical condition of the specific property
involved result in a particular and unique hardship (upon the owner) as distinguished from a mere
inconvenience if the strict letter of the regulations were carried out?
4. Has the alleged difficulty or hardship been created by any person presently having an interest in
the property?
5. Would the granting of the variance be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood in which the property is located, by, among other
things, impairing the adequate supply of light and air to adjacent property, substantially increasing
the congestion in the public streets or increasing the danger of fire or endangering the public
safety, or substantially diminishing or impairing property values within the neighborhood?
6. If criteria one through five are found, then would the granting of the variance result in a benefit or
contribution to the neighborhood or the community, as distinguished from an individual benefit on
the part of the applicant, or would granting of the variance result in a reasonable accommodation
of a person with disabilities?
This request for an administrative variance meets all applicable conditions as required by Section 26-115
(C) of the City of Wheat Ridge Code of Laws. Staff has not received comments in opposition to this
request from the surrounding neighbors.
Case No. WA-05-05 is hereby:
d APPROVED
❑ DENIED
WITH CONDITIONS:
1. Vehicular access into the property and the proposed garage shall be directly
from 37`h Avenue.
2. All other applicable development standards shall be met for construction on
the property.
❑ WITHOUT CONDITIONS
AL -
Development Director
POSTING CERTIFICATION
CASE NO. WA-DS"OS
DEADLINE FOR WRITTEN COMMENTS:
I,
residing at
kauuichs)
, hereby certify that I have posted the sign for
as the applicant for Case No. (lt A " 6 S 05-
Public Notice at
(location)
7h
on this _4Z2 day of 20 S and do hereby certify that
said sign has been posted and remained in place for ten (10) days prior to and including the
deadline for written comments regarding this case. The sign was posted in the position shown on
the map below.
NOTE: This form must be submitted to the Community Development
and will be placed in the applicant's case file.
this case
MAP
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C- t oScan / Jefferson
(CO)
Owner :
Jefferson County Housing Authority
Parcel :
A
021560
in/~~/~nni
Site :
5755 W 37th Ave Wheat Ridge 80212
•
Vc---
7003 2260
0003 1176 21
30
7 Mail :
6025 W 38th Ave ( No Mail ) Wheat Ridge Cc
Use :
9139 Exempt,County,Land
one
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55
Bedrm:
Bath: TotRm:I YB:1960 Pool:
B1dgSF:
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8,568
MetroScan / Jefferson
(CO) •
Owner :
Rose Marla R
Parcel :
025114
Site :
5700 W 37th Ave Wheat Ridge 80212
•~oIZn I9nn4
7003 2260 0003 1176
2147
Mail :
6381 Umber Cir Arvada Co 80403
Use :
5112 Res,Apartments,Improved Land
Phone
Bedrm:
Bath: TotRm:l YB:1958 Pool:
B1dgSF:
4,073 Ac:.
28
•"MetroScan / Jefferson
(CO) :
-
owner :
Bsg Development III Llc
Parcel :
441523
Site :
5675 W 38th Ave Denver 80212
Vf---,
7003 2260 0003 1176
2154
Mail :
13490 Lafayette Ct Thornton Cc 80241
Use
:1111 Vacant,Residential
one
Bedrm:
Bath: TotRm: YB: Pool:
B1dgSF:
AC:.
II
: MetroScan / Jefferson
(CO) :
-
owner
:Bsg evelopme III Llc
Parcel :
441524
Site
:5685 38t Ave Denv ~ 802
Xfered :
04/15/2003
Mail
:13490 L ette Ct o` t Cc 80241
Price :
$245,000
Use
:1111 acant, siden
Phone
Bedrm:
Bath: To Rm: YB: Pool:
B1dgSF:
Ac:.
ll
*
• MetroScan / Jefferson
(CO) :
Owner
:Pryor James H
Parcel :
441526
Site
:5715 W 37th Ave Denver 80212
Xfered :
02/22/2005
Mail
:7262 S Sourdough Dr Morrison Cc 80465
7003 226
0 0003 1176 2161
Use
:1111 Vacant,Residential
Bedrm:
Bath: TotRm: YB: Pool:
B1dgSF:
Ac:.
ll_
get=Scan / Jefferson
(CO) :
Owner
:Pryor J~ es H
Parcel :
441527
Site
8021
:5725 W 37 Ave D ver
Xfered
:02/22/2005
Mail
/
:7262 S Sour ki Dr 's Co 80465
Price
:$92,500
Use
ideat
'
:1111 Vacan , e
Phone
Bedrm:
Pool
YB:
t
Ba
B1dgSF
:
: Ac*.
ll
MetroScan / Jefferson
(CO)
Owner
:Konsella Stephen F
Parcel
:441529
- Site
:*no Site Address*
Xfered
:10/10/2002
Mail
:14232 w warren PI Lakewood Co 80228
7003 22
60 0003 1176
2178
Use
:1177 Vacant,Residential,Limited Size
ear ns
Bedrm:
Bath: Tot Rm: YB: Pool
: B1dgSF
: Ac:
.17
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.
The City of
7500 West 29th Avenue Wheat
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857 Ridge
March 10, 2005
This is to inform you of Case No. WA-05-05, a request for an administrative variance of
3 feet from the required 30 foot front yard setback resulting in a 27 foot front yard
setback for property located at 5725 W. 37`h Avenue.
The applicant is requesting an administrative variance review which allows no more than
a ten percent (10%) variance to be granted by the Zoning Administrator without need for
a public hearing. Prior to the rendering of a decision, all adjacent property owners are
required to be notified of the request by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or if you
would like to submit comments concerning this request, please do so in writing by 5:00
p.m. on March 21, 2005.
Thank you.
e:\p lann ing\focros\zapubnot.wpd
Marla Rose Bsg Development III Llc Bsg Development III Llc
6381 Umber Cir 13490 Lafayette Ct 13490 Lafayette Ct
Arvada, CO 80403 Thornton, CO 80241 Thornton, CO 80241
James Pryor James Pryor Stephen Konsella & Susan Konsella
7262 S Sourdough Dr 7262 S Sourdough Dr 14232 W Warren PI
Morrison, CO 80465 Morrison, CO 80465 Lakewood, CO 80228
* Search Parameters
* Jefferson (CO)
* 3/9/2005
* 3:32 PM
Parcel Number...
39 251 11 018
39 251 11 019
39 251 11 019
39 251 11 013
39 251 00 021
39 251 00 018
39 251 11 017
E CASE PROCESSING APPLICATION
Community Development Department
0 4'Vest 29th Avenue, Wheat Ridge, CO 80033
*L'N"!`- Phone (303) 235-2846
•Z' (Please print or type all information)
Address ~3 9 Q al~ Phone3 3 aS Q7
State ip Em'q Fax~7lf{ oaf Q J
Zip
Phone
Contact prv~Lrt~ Address Phone
City State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request
7~
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
EVVariance/Waiver (from Section )
❑ Other:
Required information:
Assessors Parcel Number: Size of Lot (acres or squar footage):.9'pob
Current Zoning: ~e i - _ Proposed Zoning: /V~ _
Current Use: ) 2et~,. / Proposed Use: 4 <lsc4 W
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-attomey from the owner whA pproved of this action on his behalf.
Signature of Applicant F~
u scrib and n to me this`c day of-~~ Wti . 20 5 -
N~ °UBL1G ''oo Publi `
9~~ • . O~gx ommission expires !~7l/~(11616
To be filled out by/sstaaff: My Canmission Expires 04/16/2006. 'e f
Date received ' /-2716 5 Fee Recei)pt No. ~lS5T/ Case No. Wl+-6r' Q`5
Comp Plan Desig. Zoning / Quarter Section Map
Related Case No. Pre-App Mtg. Date Case Manager /ll.
Owner
City
BZ DEVELOPMENT LLC
Real Estate Development* Marketing
Edward J. Kaufman 303 255-9307
13490 Lafayette Court Fax 303 255-9397
Thornton, Colorado 80241 bzdev@yahoo.com
February 25`s, 2005
Community Development Department
7500 West 29 h Avenue
Wheat Ridge, Colorado 80033
Reference: 5725 W. 37 h Avenue, Lot 8
This letter is a request for an Administrative Variance to allow for a 10% reduction, three
feet, on the southern setback on Lot 8, 5725 W. 37 h, to allow for the construction of a
garage. At present the lot is vacant.
The request is necessitated by the restrictions that mandates no more than four homes on
a private road, and in this case our private cul-de-sac. This requires that we enter the lot
from 37u' Avenue. In order to facilitate the normal length for vehicle storage, I need
three additional feet.
This variance would allow me to build a garage and have a 27 foot southern setback.
Thank you for your consideration.
Sincerely,
Edward J. u
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City of Wheat Ridge Hof WHEgT9
Community Development Department m
Memorandum c~C ORP~~
TO: File
FROM: Jeff Hirt, Planning Technicia>V.~-
SUBJECT: Case No. WA-05-05
DATE: March 10, 2005
I had a phone conversation with Edward Kauffman on this date regarding ownership of the property.
The owner of the property shown on the deed submitted is BSG Development III, LLC. Edward
Kauffman informed me that he was a partner, or authorized representative of this corporation (as
shown also on the application).
The Jefferson County Assessor's records, as of this date, show the property owner however as James
H. Pryor.
In this phone conversation, Mr. Kauffman informed me that James Pryor is also a partner in the
corporation, and is an authorized representative of BSG Development (also a partner according to
Mr. Kauffman).
Further written verification for these relationships was not requested of Mr. Kauffman, the
application has been taken in good faith.
Property appraisal system
Previous 6 OF 52 Next
Page 1 of 1
ISch:441527 Parcel ID:39-251-11-019 Status:Active Property Type:Vacant Land
Property Address 05725 W 37TH AVE
0 DENVER CO 80212
Mailing Address: 07262 SOURDOUGH DR
I 1 MORRISON CO 80465
Name
3 JAMES
IlNeiahborhood: 2412 LAKESIDE, STEWART GARDENS, OLINGER GARDENS11
ision Name: 643620
Sale Date
10-10-2002
J4-15-2003
Location Map/Additional Information
Send mail to aseessona co jefferson co.us with questions or comments about this Web site.
Copyright @ 2004, Jefferson County, Colorado. All rights reserved.
A Map of How_t_oGet to Our Office
Web site information current through'. 03-05-2005
Version 3.2.2 - Release Date: Dec 2004
http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=441527&offset=5 3/10/2005
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"o r0t'I1 t and Sufficiency of which is hereby lodged, has granted, bargained,
ndconfirm and conveyed, and by these presents does grant, , bargain, loll, convey and confirm
unto the grantee, his heirs and assigns forever, all the zeal property, together with
improvements, if any, situate,lying and being in the County of and State of
Colorado, described as follows:
Loco 4 CO 8, inclusive, Riley's Roost Subdivision, County of Jefferson, State of
Colorado,
also known by street and number as
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in. law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
To HAVE AND TO HOLD the saidpzemises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
convoyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fop simple, and has good right, full power and lawful authority Co grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, lions, taxes,
assessments, oncumbrances and restrictions of whatever kind or nature aoever, except
The grantor shall and will WARRANT AND 80REVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, his heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
Wynona court Enterprises, Inc., a
Colorado Corporation
Glen Haag A8 President
STATE OF }
J on, The foregoing instrumunt waS acknowledged before
County of J me this day of
by Wynn, Court Enterprisco, Inc., a Colorado Corporation !iy Glen Haaq As President
Witness my hand and official seal.
My cormniusion expires
NOTARY PUBLIC
No. 932A. Rev. 7-84
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Case No.:
App: Last Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, state zip:
App:Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
Follow-Up:
A0505 _
Kaufman
Edward J _
ame
13490 Lafayette Ct
hornton, CO 80241
03455.9307 -
_ame
725
J~Vest_37th Avenue
heat Ridge, CO 80212
Hirt
Pre-App Date: j
CITY OF WHEAT RIDGE
0''3104105 120 Ph r_rJb
BZ DEVELOPMENT LLC
F % I7 NO:C018981 AMOUNT
ZONING APPLICATION F 200.00
ZONE
Quarter Section Map No.: NE25
Related Cases:
Case History: 3 ft front yard setback
anance...
Review Body:
APN:
2nd Review Body:
2nd Review Date:
Decision-making Body:
Approval/Denial Date:
Reso/Ordinance No.:
Conditions of Approval:
District: F_
Date Received: 24/2005
PAYMENT RECEIVED AMOUNT
CK 1268 200.00
TOTAL 200.00