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HomeMy WebLinkAboutWA-05-067500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 April 8, 2005 Jerry DiTullio Wheat Ridge Housing Authority 7500 W. 29" Ave. Wheat Ridge, CO 80033 Dear Mr. DiTullio: RE: Case No. WA-05-06 Please be advised that at its meeting on March 24, 2005, the Board of Adjustment DENIED your request for a 5 foot side and 5 foot rear yard setback variance from the 10 foot side yard 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. 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 Field Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-05-06 (case file) \\srvtkng-001 \usen\kfield\Kathy\BOA\CORRESP\2005\wa0506den ial.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-05-06 APPLICANT'S NAME: Wheat Ridge Housing Authority LOCATION: 4501 Everett Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-05-06 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-05-06 be, and hereby is, APPROVED. TYPE OF VARIANCE: 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. FOR THE FOLLOWING REASONS: The applicant has very limited options for placement of a garage to accommodate an 8- unit multi-family structure without the need for a variance or variances. 1 Approval of the variance would hopefully provide an incentive to make improvements to a dilapidated property and perhaps be influential to adjacent properties to do or request the same. The intent of the property being owned by the Wheat Ridge Housing Authority is to provide a public service therefore resulting in a benefit to the community. 3. The adjacent property to the north is also zoned multi-family. Board of Adjustment Resolution No. WA-05-06 Page two (2) 4. The comer lot placement of this apartment building places the building with a significant double front yard setback therefore limiting available space in the rear. 5. The 10 foot required setbacks do not seem to provide a definable benefit to this neighborhood as compared to a less dense location. WITH THE FOLLOWING CONDITIONS: If it is determined that any portion of this structure is within the 100-year floodplain, a Class I floodplain exception will be required prior to issuance of a building permit. 2. The structure shall not have an exterior with visible metal materials. VOTE: YES: ABBOTT, BELL, BLAIR, BYBEE, HOVLAND NO: DRDA, HOWARD ABSENT: PAGE DISPOSITION: 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 was DENIED, based on Chapter 2, Article 3, Section 2-53(d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. ADOPTED and made effective this 24th day of March, 2005. of Adjustment Ann Lazzeri, Secret Board of Adjustment 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. 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. PRAFT 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 03-24-05 Jerry DiTullio 3250 Newland Street Mr. DiTullio was sworn in by Chair DRDA. He clarified that he was appearing strictly as Chair of the Housing Authority and not as a member of City Council. In discussions with the Community Development Department he learned that four garages could be built on this property without a variance. Since this is an 8-plex, the Housing Authority would like to build 6 garages to get more cars off the street and promote sale of the units. It is planned to build storage units and patios for the units. Board Member BELL expressed concern about the lack of a play area for children. Mr. DiTullio replied that there is a park across the street where children can play. Board Member HOVLAND expressed concern about homeowners using the garages for storage rather than parking cars. Mr. DiTullio stated that once the units are sold, a homeowners association would address these types of matters. In response to a question from Board Member HOWARD, Mr. DiTullio stated the garages would be constructed with vinyl siding. Doug Knop 1260 Corona, Denver PRAFT Mr. Knop is one of the Housing Authority's technical advisors with the Jefferson County Housing Authority. He stated there was no other suitable configuration for the garages. Six garages would allow for more offstreet parking and make the units more desirable. If the number were reduced to five garages it would only eliminate one setback problem. Space is needed for turnaround radius and to provide courtyard space. Larry Nelson 8534 West Swarthmore Place, Littleton Mr. Nelson was sworn in by Chair DRDA. He is with Cornerstone Realty, broker for the Housing Authority. He stated that this is the third Housing Authority project and he has found that garages and private spaces are very important to buyers. In previous projects, the units with garages were the first to sell. Seven of the units will have private courtyards if six garages are allowed and there would also be adequate turnaround for vehicles. Board Member ABBOTT commented that there are many private homeowners who have similar situations when wanting to build a garage and there doesn't seem to be a hardship issue here other than marketability. Mr. DiTullio replied that the variance would adjust to an area that is poorly planned and zoned and each Board of Adjustment case is considered on its own merits and does not set precedence. This is a unique situation in the area. The objective of the Housing Authority is to improve the area and provide affordable housing. Board of Adjustment - 12 - 03-24-05 Meredith Reckert commented that staff believes there are unique circumstances because half of the lot is taken up with front setbacks. Board Member BELL commented that the need for affordable housing in Wheat Ridge is overwhelming and garages are desirable amenities. Board Member HOVLAND agreed that providing affordable housing and improving the neighborhood are worthy goals, but it is important to adhere to all the variance criteria. Board Member DRDA stated that he was having difficulty in finding a hardship in this case. Meredith Reckert commented that a unique circumstance is also presented by an attempt to improve a nonconforming property. Board Member BYBEE expressed concern that a 10 foot setback may be more conducive to collecting junk. Board Member BELL commented that she believed a hardship exists because of the lot configuration and the great need for affordable housing. This is the kind of situation that needs to be addressed when revising the Comprehensive Plan. Upon a motion by Board Member ABBOTT a d and Member BYBEE the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-06 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 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- 05-06 be, and hereby is, approved. Type of Variance: A 5 foot side and 5 foot rear yard setback variance from the 10 foot side yard 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. Board of Adjustment - 13 - 03-24-05 For the following reasons: 1. The applicant has very limited options for placement of a garage to accommodate an 8-unit multi-family structure without the need for a variance or variances. 2. Approval of the variance would hopefully provide an incentive to make improvements to a dilapidated property and perhaps be influential to adjacent properties to do or request the same. 3. The intent of the property being owned by the Wheat Ridge Housing Authority is to provide a public service therefore resulting in a benefit to the community. 4. The adjacent property to the north is also zoned multi-family. 5. The corner lot placement of this apartment building places the building with a significant double front yard setback therefore limiting available space in the rear. 6. The 10 foot required setbacks do not seem to provide a definable benefit to this neighborhood as compared to a less dense location. With the following conditions: PRAFT 1. If it is determined that any portion of this structure is within the 100-year floodplain, a Class I floodplain exception will be required prior to issuance of a building permit. 2. The structure shall not have an exterior with visible metal materials. Chair DRDA reminded everyone present that a super majority vote of 6 affirmative votes was necessary to approve the application. The motion failed 4-2 with Board members DRDA and HOWARD voting no. Chair DRDA advised the applicant the request for variance was denied. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS A. Approval of minutes -January 27, 2005 Board of Adjustment - 14 - 03-24-05 City of Wheat Ridge of "HEgT~ Community Development Department m Memorandum CSC ORA~~ TO: WA-05-06/Wheat Ridge Housing Authority File FROM: Jeff Hirt, Planning Technician /r SUBJECT: Two Variance Requests DATE: May 27, 2005 Case Number WA-05-06, an application for side and rear yard setback variances for a detached garage for the property at 4501 Everett was denied by the Board of Adjustment on March 24, 2005. Case Number WA-05-09 was a request by the Wheat Housing Authority for a side yard setback variance for a detached garage at 4501 Everett Street. This case was approved by the Board of Adjustment on May 26, 2005. 1 1 0 o ~ M~+ n O ~ fir. N ~ ~ MTf 10. r h (rQ O ~C N O Imw O-ew CD n Owe lot A O ff In" up fD C W A 00 A Qm A ~p C ~ ~ C A~ e•~ Vl A O O O O ~b ~r ~ O ~ r0•r ~ A O O ~ O ¢ A fD b O O N 0 b O O MR CD O r 0 n 6'ny i i ~ i ~ i i ~ i i ~ 5 1 ~ I aP xR S Y ryry 8805-8825 W. 45TH PL. 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O.- O C ~ N O p O CD C~ CD ►"Y 0 0 ara 0 CL o' W N cD ~a N C-D o ~cr N o C ~ O O ~C N ~ oC a o o ~ 0 in_ 0 c O CD CCD 'C3 O C CD 5 r-r O p 0 N p C n CD O C n CD c c~ or 0 0 O CIR (74 CD O (7 C1 O O K O PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT March 24, 2005 Case No. WA-05-06: An application fled 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 Name Address In Favor/Opposed 47 , ~~4- a ~ c IA o / ~~i 7l ~yvv~ '7 POSTING CERTIFICATION CASE NO. W f - 0 S '06 PLANNING COMMISSION / CITY COUNCIL / ARD OF ADJUS NT (Circle One) HEARING DATE: Witch 241 2-005- I, ame) residing at (addre as the applicant for Case No. ( IA-05-0(v , hereby certify that I have posted the Notice of Public Hearing at ALL (location) on this day of n<~i 200 S , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP e:\pianninglforms\postingcert Rev. 111103 POSTING CERTIFICATION CASE NO. WA ^ 05'~G PLANNING COMMISSION / CITY COUNCIL / ARD OF ADNST NT (Circle One) HEARING DATE: M A 4C H 2-41 2,0 03- 1, residing at (n a in e) /e 0 z - (addreAs) as the applicant for Case No. W A -0S -06 , hereby certify that I have posted the Notice of PublicHearingat (AlOC4T C(-Ly HAS (location) on this L~ day of ri(a r~ 20 a f , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and wil placed in the applicant's case file at the Community Development Department. MAP e:lplanninglfonnslpostingcert Rev. 111103 ~oF WNE4T,Po v m c~[O0.Pa0 TO: CASE NO. & NAME ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment CASE MANAGER: Jeff Hirt WA-05-09/Wheat Ridge DATE OF MEETING: May 26, 2005 Housing Authority 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 Three (R-3). LOCATION OF REQUEST: 4501 Everett Street APPLICANT (S): Wheat Ridge Housing Authority OWNER (S): Wheat Ridge Housing Authority APPROXIMATE AREA: 20,052 square feet (46 acres) PRESENT ZONING: Residential-Three (R-3) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map O R3 w •3 ❑ 0❑ U R U) 2❑w❑ 0w J W w -E 5 Subject Parce I poxmim C-t L-1 C-2 u 11 0E= Board of Adjustment I Case WA-05-09/Wheat Ridge Housing Authority 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 4501 Everett Street. The property has Residential Three (R-3) zoning. The applicant, Jerry DiTullio, Wheat Ridge Housing Authority chairperson, is requesting a variance on behalf of the owners, the Wheat Ridge Housing Authority (Exhibit 1, Application). The request is for approval of a 5 foot side yard setback variance from the required 10 foot side yard setback. Detached garages over 8 feet in height must be setback 10 feet from the side yard in the R-3 zone district. The applicant proposes to construct an approximately 1,302 square foot (62' X 21') detached garage on the property (Exhibit 2, Site Plan, Exhibit 3, Elevations). The proposed garage will be located 5 feet from the side property line on the north and 9 feet from the property line to the west. Per the Code of Laws, the minimum side and rear yard setback for a detached garage in the R-3 zone district is 5 feet if the structure is less than 8 feet in height, and 10 feet if the structure is over 8 feet in height. The proposed garage is over 8 feet in height; therefore the 10 foot setback requirement is applicable for both the side and rear yards. As a result, a variance of 5 feet to the side yard setback before the Board of Adjustment is required to allow for the proposed detached garage at the location shown on the site plan. The request is only for the side property line setback variance to the north. As the site plan shows the detached garage 9 feet from the rear property line to the west, a variance would be required to allow for this setback as well. This variance request however would be classified as a minor variance. Minor variances are requests for variances of 10 percent or less from the standard. Per Section 26-115 of the Code of Laws, the director of community development is empowered to decide upon applications for minor variances or waivers without a public hearing provided that the "findings of fact" support the request, all public notification procedures have been met, and no additional dwelling units would result from the request. A request for a variance to allow for a detached garage at this location was made before of the Board of Adjustment on March 24, 2005. This previous request was for approval of a 5 foot side and 5 foot rear yard setback variance from the 10 foot side yard and 10 foot rear yard setback requirement. The motion to approve the request failed, with 5 members voting yes, and 2 voting no; therefore the previous request was denied (Exhibit 4, Minutes). Per Section 26-107 (C) a new application for substantially the same development process may not be refiled for one year after denial. It has been determined by the zoning administrator that this application is not substantially the same development process as the previous request. The R-3 zone district also specifies that the maximum allowable size for a detached garage is 600 square feet per unit. The property has an existing 8 unit multi-family residential structure on it; therefore the maximum size allowed for a detached garage on this property is 4,800 square feet. Access into the proposed garage will be from the existing access off of 45th Place, going north into the property. A substantial portion of the property lies within the 100 year floodplain. It is not certain at this time whether any portion of the proposed garage will lie within the floodplain. If it is determined that it will, a Class I floodplain exception will be required to construct the garage. This may be placed as a condition upon the variance request if approved. A Class I floodplain special exception permit can be approved administratively by the City's Flood Plain Administrator. Board of Adjustment 2 Case WA-05-09/Wheat Ridge Housing Authority It should also be noted that the property is a corner lot, making the setback requirements more restrictive. The R-3 zone district regulations state that any side or rear yard which abuts a public street shall have a setback of 30 feet for all structures (Exhibit 5, Buildable Portion of Lot). Goals of the Wheat Ridge Housing Authority are to increase the number of owner-occupied units in the City, increase property values and provide affordable housing. Since its inception in 2001, the WRHA has successfully bought, rehabilitated and reintroduced 24 townhouse units into the City's housing stock. Proposed improvements to 4501 Everett include new floor coverings, new windows and kitchen remodeling (new countertops, cabinets and appliances) (Exhibit 6, Proposed Improvements). It is the opinion of staff that providing affordable housing in Wheat Ridge is an important public service, and any reasonable accommodation for this would be beneficial. The purpose of this variance request is to allow for a detached garage that is large enough to provide adequate off street parking for an 8 unit apartment complex given the setback constraints of a corner lot and the location of the existing multi-family structure. It has been expressed by the applicants that providing garage space is a very important amenity to potential buyers. In past projects done by the Wheat Ridge Housing Authority it has been expressed by the applicants that the units with garages were the first to sell. Placing the detached garage within setback requirements would also likely eliminate a large portion of the courtyard for buyers. 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. All other development standards have been met with the proposed structure, with the exception of a possible subsequent minor variance request for the rear yard setback to the west as noted above. H. SITE PLAN The property is approximately 20,052 square feet, or .46 acres. The property measures 142 feet wide with a depth of 140 feet (Exhibit 7, Improvement Location Certificate). There is currently no covered parking on the property for the 8 residential units. Residents park in a small paved area behind the building, accessed off of 45s' Place, or on the street along Everett Street and 45`s Place. The area surrounding the property consists of multifamily to the north and the west, a park to the east, and a commercial use to the south. There is a common paved area that encompasses three different properties, including the property in question. Three different multifamily buildings have unimpeded access to this paved area, although it does encompass three different properties. 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 multi-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 may have an effect on the essential character of the locality. None of the surrounding multi- family residential structures have garages. Board of Adjustment Case WA-05-09/Wheat Ridge Housing Authority 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 physical conditions related to shape or topography that render any portion of the property in question unbuildable. The property in question is square in shape and flat but is a corner lot resulting in more restrictive setback requirements. 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. However, there are limited options on the property for placement of a garage to accommodate an 8 unit residential structure given the setback constraints and location of the existing structure. 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 slight decrease in the supply of light and air to the properties to the north and west, given that approval of the variance would result in a structure closer to the property line than is allowed under current development standards. The request would not substantially increase the congestion in public streets, increase the danger of fire or endanger the public safety. Property values of the property in question and adjacent properties will be improved as a result of this request, as it is the opinion of staff that the property in question and adjacent properties are in need of improvements. 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 may result in a substantial benefit or contribution to the neighborhood or community distinguished from an individual benefit on the part of the applicant. It is the opinion of staff that the property in question, and adjacent properties are in need of improvements. Providing an incentive to make physical improvements to a dilapidated property may be beneficial not only to the property in question, but to the surrounding area as a result. Property owners often take note of improvements made to adjacent properties and desire to do the same. The property in question is owned by the Wheat Ridge Housing Authority, the intent of which is to provide a public service resulting in a contribution to the community. The request would not result in a reasonable accommodation of a person with disabilities. HL 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: Board of Adjustment 4 Case WA-05-09/Wheat Ridge Housing Authority 1. The applicant has very limited options for placement of a garage to accommodate an 8 unit multifamily structure without the need for a variance or variances. 2. Approval of the variance would hopefully provide an incentive to make improvements to a dilapidated property, and perhaps be influential for adjacent properties to do or request the same. 3. The intent of the property being owned by the Wheat Ridge Housing Authority is to provide a public service resulting in a benefit to the community. 4. The adjacent property to the north is also zoned multi-family. 5. The corner lot status of this apartment building places the building with a significant double front yard setback therefore limiting available space in the rear for a detached garage. 6. The 10 foot required setbacks do not seem to provide a definable benefit to this neighborhood as compared to a less dense location. With the following conditions: 1. If it is determined that any portion of the structure is within the 100 year floodplain, a Class I floodplain exception will be required prior to issuance of a building permit. 2. The structure shall not have an exterior with visible metal materials. Board of Adjustment 5 Case WA-05-09/Wheat Ridge Housing Authority 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 infortn ttion) Applicant Wheat Ridge Housing Auth. Address 7500 W. 29th Avenue Phone 303-235-2846 City Wheat Ridge State Colorado Zip 80033 Fax Owner Wheat midge Housing Auth. Address 7500 W. 29th Avehue Phone 303-2'35-2846 City Wheat Ridge State Colorado Zip 80033 Fax Jerry Di7ltll'o ~a ei t 7500 W. for WRHA) 29th Avenue 303-235-2846 g Contact Henry Wehrdt Address 7490 W. 45th Avenue Phone 303-422-8600: City Wheat Ridge State (:olorado Zip 80033 Fax 303-422-3229 (the person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 4501 Everett Street 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 56 Variance/Waiver (from Section ) ❑ Other: Detailed description of request: 1: Setback to north property line. (side yard) Required information: Assessors Parcel Number: Current Zoning: t Current Use: Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfiilly be accomplished. Applicants other than owners must submit power of-attorney fr the owner which approved of this action on his behalf. Signature of Applicant Subscribed d sworn tome this p _ day of cA I ot, I... 1200.5 o ....0_ QL..nior~ Nota Pub c / My commission expires 4b j 06 To be filled out by staff- Datereceived 710?riI06 Case No" WA-OSo 9 Comp Plan Desig. E1111IBIT I Quarter Section Map Na.~ Related Case No. Case Managa /-J-Iti°T GENERAL NOTES 1. THE WORD"CONTRACTOR"AS USED HEREIN SHALL MEAN THE GENERAL CONTRACTOR, SUBCONTRACTORS AND ALL PERSONS DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. 2. CONTRACTOR SHALL COMPLY WITH ALL ORDINANCES, RULES, REGULATIONS AND LAWFUL ORDERS OF AN PUBLIC AGENCY PAVING JURISDICTION ON THIS PROJECT AND SHALL NOTIFY OWNER IMMEDIATELY UPON BECOMING AWARETHAT ANY SPECT OF THE PROJECT DESCRIBED HEREIN IS AT VARIANCE THEREWITH 3. CONTRACTOR SHALL PROVIDE CERTIFICATES OF INSURANCE ACCEPTABLE TO OWNER PRIOR TO COMMENCEMENT OF WORK. 4. BY SUBMITTAL OF 010 CONTRACTOR WARRANTS TO OWNER THAT ALL MATERIALS AND EQUIPMENT TO BE FURNISHED ARE NEW UNLESS NOTED OTHERWISE AND ALL WORK WILL BE OF GOOD QUALITY AND FREE FROM FAULTS AND DEFECTS. 5. CONTRACTOR SHALL VISIT STTE AND VERIFY ALL EXISTING CONDITIONS PRIOR TO SUBMITTAL OF BID. 6. CONTRACTOR SHALL VERIFY ALL DIMENSIONS SHOWN HEREIN AND REPORT ALL DISCREPANCIES TO OWNER PRIOR TO SUBMITTAL OF BID. 7. ALL STANDARD NOTES CONTAINED HEREIN ARE TYPICAL UNLESS NOTED OTHERWISE 8. ALL TRADE NAMES AND BRAND NAMES CONTAINED HEREIN ESTABLISH QUALITY STANDARDS, SUBSTITUTIONS ARE PIRMITTED WITH PRIOR APPROVAL OF THE OWNER, 9. WHERE CONSTRUCTION DETAILS FOR APART OF THIS PROJECT ARE NOT SHOWN THE WORK SHALL BE THE SAME AS OTHER SIMILAR WORK FOR WHICH DETAILS ARE SHOWN. 10. THE GARAGE SHALL CONTAIN NO OPENINGS INTO ROOMS USED FOR SLEEPING PURPOSES 11. EACH TOILET SHALL BE LOCATED INA CLEARSPACE NOTLESS THAN 30' WIDEAND SHALL PAVE A CLEARSPACE IN FRONT OF NOT LESS THAN 24" PER IRO 2003. 12. FIRE WARNING SYSTEM SHALL COMPLY WITH IRC 2003. 13. ALL REQUIRED EXISTS SHALL BE OPEN ABLE FROM THE INSIDE WITHOUT THE USE OF A KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT. 14. OPENINGS EXTENDING VERTICALLY THROUGH FLOORS SHALL BE ENCLOSED IN A ONE HOUR FIRE RESISTIVE SHAFT COMPLYING WITH IRC 2003. 15. PROVIDE A MINIMUM 22'X30' ATTICACCESS OPENING IN EACH ATTIC WHOSE MAXIMUM CLEAR HEIGHT EXCEEDS 30'. PROVIDE 30" MINIMUM HEADROOM ABOVE EACH SUCH OPENING PER IRC 2003. 16. ALL WEATHER EXPOSED SURFACES SHALL BE COVERED WITH GRADE "B" WATERPROOF BUILDING PAPER COMPLYING WITH IRC 2003 NO-17-1 OR TYPE 15 ASPHALT SATURATED ORGANIC FELT COMPLYING WITH IRC 2003. STANDARD NO. 32-1 AND SHALL BE INSTALLED PER IRC 2003. 17. GAS VENTS AND NON COMBUSTIBLE PIPING MUST BE EFFECTIVELY DRAFT-STOPPED AT EACH FLOOR AND CEILING THROUGH WHICH R PASSES. 18. GUARDRAILS WITHIN HOME SHALL BEAT LEAST 36° HIGH AND SHALL BE CONSTRUCTED SO THATA 4" DIAMETER SPHERE CANNOT PASS THROUGH PER INC 2003. (42" HIGH AT EXTERIOR GUARDRAILS) 19. HOSE BIBS AND IRRIGATION SYSTEMS SHALL BE EQUIPPED WITH APPROVED BACK FLOW PREVENTION DEVICES. 20. EXHAUST PANS AND DRYER VENTS MUST BE DUCTED TO OUTSIDE AIR AND BE EQUIPPED WITH APPROVED BACK-DRAFT DAMPERS. 21. ALL INSULATION SHALL WAVE A FLAME-SPREAD RATING NOT TO EXCEED 25 AND A SMOKE DENSITY NOT TO EXCEED 450 WHEN TESTED IN ACCORDANCE WITH U.B.C. STANDARD NO. 42-1. 22. HANDRAILS SHALL BE PLACED NOT LESS THAN 34' OR MORE THAN 38' PER, IRC 2003 1. ALL ESCAPE OR RESCUE WINDOWS SHALL HAVE A MINIMUM NET CLEAR OPENABLE AREA OF 5.7 SQUARE FEET. THE MINIMUM NET CLEAR OPENABLE HEIGHT DIMENSION SHALL BE 24 INCHES. THE MINIMUM NET CLEAR OPENABLE WIDTH DIMENSION SHALL BE 20 INCHES. WHEN WINDOWS ARE PROVIDED AS A MEANS OF ESCAPE OR RESCUE. 2. ALL. REFERENCES TO THE INTERNATIONAL BUILDING CODE SHALL BE TO THE 2003 EDITION 3. PROVIDE A2% SLOPE AWAY FORM THE BUILDING FOR A MINIMUM OF FIVE-FEET 4. THERE SHALL BE NO ON-SITE WATER RETENTION. 5. GRACE DIFFERENTIALS GREATER THAT 12 INCHES SHALL BE SUPPORTED BY AN APPROVED RETAINING WALL 8. LOW FLOW WATER CLOSETS TO BE INSTALLED (MAX. 1.5 GALLONS PER FLUSH). 7. PRIMARY HEATING SYSTEM FOR ADDITION SHALL BE FLOOR RADIATION. STRUCTURALNOTES 1. ALLOWABLE SOIL BEARING-1,500 PSF 2. CONCRETE TO OBTAIN A MINIMUM COMPRESSIVE STRENGTH OF 3,000 PSI AFTER 28 DAYS 3. REINFORCING STEEL-A6157 GRADE 60. 4. DIMENSION LUMBER. - HEM FIR A2, Po-850 PSI CODE ANALYSIS ZONED R-1 LOT SIZE= 140'X 143.23' LOT AREA= 19977.9 SO FT FLOOR AREA TABULATION NEW CONSTRUCTION FLOOR AREA = 1292 SQ FT. OCCUPANCY CLASSIFICATION: H-4 CONSTRUCTION TYPE V-N OCCUPANT LOAD: 5 (100 SF/PERSON) LOT13 IAT16 ouxoaESnaaxo cw LS.lsue L." I E A~ EI ~ I ~ I ~ I I~ I ~ I I I~ 6wmo arauloxo SMYIY FISEMEM WW 2 3 ._~aIPogCS' ?:'S letlaawl sucE PLOT PLAN REVISIONS ~Ov w 1_~ O hW O EXHIBIT 2 JOB NO. GATE _ 4+^C121/05 V~~ OF 3 REVISIONS II'- 8" ' 2" II - 8' II'2~" il'28' II 2 8 2 HRD 2-2x12 HRO 22x12 HR 2-2x12 HRD 2-2x12 HRD 2-2x1 ~II I• e.3~. 3 B _g.g~. 5~~, g.q~_ 3 g. 3'a` g..3~~ h_4' ,ILLi° 62' fi FLOOR PLAN AND ROOF FRAMING PLAN ELEVATION TYPICAL TRUSS 12 4[- SIDE ELEVATION EXHIBIT 3 Li ) SCALE: 1l4" -1'-0" SECTION-1 ROOF DL 10 PSF 12 CEILINGDL10PSF 4~ ROOF LL 30 PSF WIND LOAD 100 MPH EXPOSUREC 20'-11" SECTION-2 DATE 4/21/05 S2 OF 3 DETAILS Ata> DETAIL-2 FOUNDATION PLAN. 6 SECTION-1 <f1) TIES 4X4 POST 4- CONCRETE ON GRADE FOOTING ~ISFNG I I EXISTING I h-NEW B"X36 DEEP CAISSON I 1-FOUNDATION WALL L__J SECTION-2 -1T LAP SIDING Z YI/ N/ 1, V2'z" v u•.'eEe 4' Yld'Ra avo•nc ENGINEERED TRUSSES ROOF DL iD PSF ROOF LL 30 PSF- -4 - 80MPHWINDLOAO X1/2"SHEATHING IS Ned BOTTOM CHORD TRUSS DL 10 PSF 2 ~a ~ ! -a CtM ta¢ IITSOFFITPLYWOOD i 12•• 0 DETAIL-1 II FO 1 [I FEE] I-~ -11'- JT'I I I I I I I ~ I I I I I I I I I I I I I ~J NFW FXIRTINf. l\ O 1^~ ~ tU^w V O emu. - orn R/21/05 S-3 OF 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. 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 vu 11 - 03-24-05 E uIBIT 4 Jerry DiTullio 3250 Newland.Street Mr. DiTullio was sworn in by Chair DRDA. He clarified that he was appearing strictly as Chair of the Housing Authority and not as a member of City Council. In discussions with the Community Development Department he learned that four garages could be built on this property without a variance. Since this is an 8-plex, the Housing Authority would like to build 6 garages to get more cars off the street and promote sale of the units. It is planned to build storage units and patios for the units. Board Member BELL expressed concern about the lack of a play area for children. Mr. DiTullio replied that there is a park across the street where children can play. Board Member HOVLAND expressed concern about homeowners using the garages for storage rather than parking cars. Mr. DiTullio stated that once the units are sold, a homeowners association would address these types of matters. In response to a question from Board Member HOWARD, Mr. DiTullio stated the garages would be constructed with vinyl siding. Doug Knop 1260 Corona, Denver Mr. Knop is one of the Housing Authority's technical advisors with the Jefferson County Housing Authority. He stated there was no other suitable configuration for the garages. Six garages would allow for more offstreet parking and make the units more desirable. If the number were reduced to five garages it would only eliminate one setback problem. Space is needed for turnaround radius and to provide courtyard space. Larry Nelson 8534 West Swarthmore Place, Littleton Mr. Nelson was sworn in by Chair DRDA. He is with Cornerstone Realty, broker for the Housing Authority. He stated that this is the third Housing Authority project and he has found that garages and private spaces are very important to buyers. In previous projects, the units with garages were the first to sell. Seven of the units will have private courtyards if six garages are allowed and there would also be adequate turnaround for vehicles. Board Member ABBOTT commented that there are many private homeowners who have similar situations when wanting to build a garage and there doesn't seem to be a hardship issue here other than marketability. Mr. DiTullio replied that the variance would adjust to an area that is poorly planned and zoned and each Board of Adjustment case is considered on its own merits and does not set precedence. This is a unique situation in the area. The objective of the Housing Authority is to improve the area and provide affordable housing. Board of Adjustment - 12 - 03-24-05 Meredith Reckert commented that staff believes there are unique circumstances because half of the lot is taken up with front setbacks. Board Member BELL commented that the need for affordable housing in Wheat Ridge is overwhelming and garages are desirable amenities. Board Member HOVLAND agreed that providing affordable housing and improving the neighborhood are worthy goals, but it is important to adhere to all the variance criteria. Board Member DRDA stated that he was having difficulty in finding a hardship in this case. Meredith Reckert commented that a unique circumstance is also presented by an attempt to improve a nonconforming property. Board Member BYBEE expressed concern that a 10 foot setback may be more conducive to collecting junk. Board Member BELL commented that she believed a hardship exists because of the lot configuration and the great need for affordable housing. This is the kind of situation that needs to be addressed when revising the Comprehensive Plan. Upon a motion by Board Member ABBOTT and second by Board Member BYBEE the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-06 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 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- 05-06 be, and hereby is, approved. Type of Variance: A 5 foot side and 5 foot rear yard setback variance from the 10 foot side yard 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. Board of Adjustment 13 03-24-05 For the following reasons: 1. The applicant has very limited options for placement of a garage to accommodate an 8-unit multi-family structure without the need for a variance or variances. 2. Approval of the variance would hopefully provide an incentive to make improvements to a dilapidated property and perhaps be influential to adjacent properties to do or request the same. 3. The intent of the property being owned by the Wheat Ridge Housing Authority is to provide a public service therefore resulting in a benefit to the community. 4. The adjacent property to the north is also zoned multi-family. 5. The corner lot placement of this apartment building places the building with a significant double front yard setback therefore limiting available space in the rear. 6. The 10 foot required setbacks do not seem to provide a definable benefit to this neighborhood as compared to a less dense location. With the following conditions: 1. If it is determined that any portion of this structure is within the 100-year floodplain, a Class I floodplain exception will be required prior to issuance of a building permit. 2. The structure shall not have an exterior with visible metal materials. Chair DRDA reminded everyone present that a super majority vote of 6 affirmative votes was necessary to approve the application. The motion failed 5-2 with Board members DRDA and HOWARD voting no. Chair DRDA advised the applicant the request for variance was denied. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS A. Approval of minutes - January 27, 2005 Board of Adjustment 14 - 03-24-05 EXHIBIT 5 Im I-4 lo) Im IA Iw IN C(J W m V W u V) m V~ m m o it 4t o - W ZM n W C3 Im cu w w w w > N __L W T C N 5 ` " Z1 W N ' = N fn C7 v m N Ol O A ~b W -L N -!n 7 O 7 c p 0 N C 3 N m f p N CD O d N 7 3' n O d ~p w 'O - O E- M O ? CD 3 P n O 7 CD G CD n O C N =3 O ? O n _1 7 Sk co m I m a g_ 3 a m w o_ v D s o N > f0, m > CD _ m (D 3 in (D -I _ _ p ~r,7 o N i D -i 0 O O m a < (D , N 7 O T j a :c L I T ~ - l 2• - O y m T m 7J D _m O D Z D r <n rn D n_ r H O --I D r CO ~ v~ Ui A W N ~ O O D7 J Q) Ol A W N S T OO>MTM>>z: wmnmmn>5 (D c 0 w O m m m u o O n (D O N N n 3 n n n o c,2 s s o m~ ~ v ~Ty p,T~ o _.O~ xzt3 a.o v, n(~m n 0 C N0o m m ~o o ~M Cho Oo ~Sp~~m d 3 0 0 m- 0 0 0 y m vt o. o - O y y 0 N d O O O C i O cp 0 O tQ c N p = n N v N O? d a m D s < m o m D N m N 0 0 O 00 F i m a x m ~ 0 W W A O Ut + tD A W W V W N Ca O J + W ? 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V A N t~ f0~i I...-3, FBI HN con A n v~ m me°m ti A a m>m ° °:',e +j~:• S a z a titi vj ° ~I o z z z n m n y V y o x~ z m m Y-1 a m rn oo r rn-lo ~ a Nm no a x° ~ I b..I z zA n` n ~s I ~ ~ o az ~ 1~I O n O O m T n 'V m C H/ N l 1 a s-> N z CD Aa z O b O O m ~ O C N A C A O O v mT~ a d n C> $ Z Z Z A N - Z y o un r xa z 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-1 B) 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}4-c5s-off/ ~97 36A o-?1'w MetroScan / Jefferson (CO) Owner :Kunz Lee R Jr Et Al Parcel :043085 Site :8995 W 44th Ave Wheat Ridge 80033 Xfered 708 2 2623 Mail :4096 Youngfield St Wheat Ridge Cc 80033 7003 1680 0005 Use :3112 Ind,Improved Land Bedrm: Bath: TotRm:3 YB:1985 Pool: B1dgSF :18,106 Ac: 3.26 * • MetroScan / Jefferson (CO) • Owner :Gustafson Jerry T Parcel :043142 Site :4543 Everett St Wheat Ridge 80033 7003 1680 0005 7082 2616 Mail :7659 Youngfield St Arvada Cc 80005 Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TOtRm:l YB:1961 Pool: B1dgSF :2,880 Ac: .32 * : MetroScan / Jefferson (CO) Owner :Lawson Robert E Parcel :043221 Site :4540 Everett Ct Wheat Ridge 80033 7003 1680 0005 7082 2609 Mail :7467 W 75th Ave Arvada Cc 80003 Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TotRm:l YB:1962 Pool: B1dgSF :3,764 Ac: .28 MetroScan / Jefferson (CO) • Owner :Owens Robert T Parcel :043258 Site :4553 Everett St Wheat Ridge 80033 -7o03 1680 0005 7082 2593 Mail :2460 W Long Cir Littleton Cc 80120 Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TotRm:l YB:1961 Pool: B1dgSF :2,880 Ac: .32 • MetroScan / Jefferson (CO) Owner :Stoltzfus Vernon Y Parcel :043265 Site :4500 Everett Ct Wheat Ridge 80033 4f°-'°~ Mail :14382 W 48th 21 Golden Cc 80403 7003 1680 0005 7082 2586 Use :5112 Res,Apartments,Improved Land one Bedrm: Bath: TotRm:l YB:1.962 Pool: B1dgSF :7,750 Ac: .36 • MetroScan / Jefferson (CO) Owner :Wheat Ride Housing Authority Parcel :043266 Site 4501 Everet~'.~- Wheat Ridges-8.0` 3 Xfered :11/23/2004 Mail :7500 W 29th Ave W idge Cc 80033 Price :$545,000 Use :5112 Res, Apai~tm€nt S, Imp ed Land Phone Bedrm: Bath ! TotRm:l YB:1962 Pool: B1dgSF :7,456 Ac: .45 : MetroScan / Jefferson (CO) • Owner :Hunt Roy Andrew Parcel :043308 Site :4510 Everett Ct Wheat Ridge 80033 xf^'.~ 0005 7082 2579 Mail :6023 Uno St Arvada Cc 80003 7003 1 680 Use :5112 Res,Apartments,Improved Land e Bedrm: Bath: TotRm:l YB:1961 Pool: B1dgSF :4,754 Ac: .33 * Met=Scan /Jefferson (CO) Owner :City Of-Wheat Ridge Parcel :188102 Site :*no Site ddress* Xfered :12/01/1985 Mail :7500 W 29th ve idge Cc 80033 Price Use :9149 Exe o 'tical Sub ,Land Phone Bedrm: _ ath: Rm: YB: Pool: B1dgSF : Ac: .84 5QQ7 : ;1~iiM 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-05-06 which is a request 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 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-6-eng-001 \users\kfield\Kathy\BOA\pubnotice\2005\wa05046wpd * Search Parameters * Jefferson (CO) * 3/8/2005 * 3:57 PM Parcel Number ...8 39 221 13 005 39 221 13 006 39 221 13 007 39 221 13 008 39 221 13 009 39 221 13 010 39 221 06 029 39 221 00 009 139.51 1'.355-1 12-013 (139.51') 1 111 (139.51') 1 12-011 A (139.51 N co 12 010 13-007 13-008 0; I I I I II I I I II I I 13-004 13-011 (124.51') 13-005 (124.71') v 8✓% 13-006 13-010 (139.01') 13-009 (138.71'! 06-025 o (136.21' ._,V r E I I I I I i 06-024 1 N vl~ V w w 41 00 LL (139.50')----_- 125.20' (138.5/ / 0 --------------------------------------1 99-002 [Z- -008 00-009 /1' Y00-017 Q 00 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) Applicant Wheat Ridge Housing Auth::_"Address 7500 W. 29th Ave. Phone 303-235-2846 City Wheat Ridge State Colorado zip 80033 Fax Owner Wheat Ridge Housing Auth. Address 7500 W. 29th: Avenue Phone303-235-2846 City Wheat Ridge State Colorado Zip 80033 Fax Contact Jerry DiTullio Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessan', post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 4501 Everett Street 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 C 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 MNariance/Waiver (from Section ) ❑ Other: Detailed description of request: 1) Building Coverage. 2) Side yard set back. 3) Rear yard Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning----" R-3 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 1 .s application, I am acting with the knowledge and consent of those persons listed above, whose t the requested action cannot lawfully be accomplished. Applicants other than owners stn►1Q"e tto ey from the owner which approved of this action on his behalf. p gaturA of pplie 9 • Subscribed and sworn to me this -'g day of F e-&U .200.2 ~CF COL My Commission Expires 11112rM Notary Public My commission expires 9111,21,~eV4, To be filled out by staff: r Datereceived Af- Comp Plan Desig. Related Case No. Fee $ Receipt No. Zoning Pre-App Mtg. Date Case No. NA-O.S 6(0 Quarter Section Map Case Manager ,N HEa 48~xl LAND USE CASE PROCESSING APPLICATION Ci m Community Development Department 7500 West 29h Avenue, Wheat Ridge, CO 80033 Phone(303)235-2846 OLO R t, (Please prim or type all information) Applicant Wheat Ridge Housing Auth. 'Address 7500 W. 29th Ave. Phone 303-235-2846 City Wheat Ridge State Colorado zip 80033 Fax Owner Wheat Ridge Housing Auth. Address 7500 W. 29th Avenue Phone303-235-2846 City Wheat Ridge State Colorado Zip 80033 Fax Contact Jerry DiTullio Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessar), post public hearing signs.. pill receive a copy of the staff report prior to Public Hearing. and shall be responsible for fore coding all verbal and written communication to applicant and owner.) Location of request (address): 4501 Everett Street 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 BYVariance/Waiver (from Section ) ❑ Other: Detailed description of request: 1) Building Coverage. 2) Side yard set back. 3) Rear yard set back. Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: R-3 Proposed Zoning: Current Use: Proposed Use: I certify that ation and exhibits herewith submitted are true and correct to the best of my knowledge and tha Ft)tt lication, I am acting with the knowledge and consent of those persons listed above, witho se cone requested action cannot lawfully be accomplished. Applicants other than owners mus ~tinAiSbApf-- from the o rJw h approved of this action on his behalf. Sign Of ft~n?• 7 f✓(~Ff ~1/ 9 OF COL~~P Subscribed and sworn to me this a6 day of 20 My CMmnimon Fxp ar 11112/M Notary Public My commission expires l //Z/ZOC& To be filled out by staff: Date received . Fee $ Receipt No. Case No. ",VA--06-0(o Comp Plan Desig. Zoning Quarter Section Map Related Case No. - Pre-App Mtg. Date Case Manager Property appraisal system 1 OF 22 Next Page 1 of 1 IISch:043266 Parcel ID:39-221-13-008 Status:Exempt Property Type:Exemptl I 1 EVERETT ST 'AT RIDGE CO 8003 D W 29TH AVE ,AT RIDGE CO 8021 Name T RIDGE HOUSING Name: 849200 19997 Claim Dec amv Deed Location Map/ Additional Information Send mail to assessor@co jefferson.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: 03-05-2005 Version 3.2.2 - Release Date: Dec 2004 http://ww 14.co.jefferson.co.us/ats/displaygeneral.do?sch=043266&offset=0 3/712005 HOmB General tiYi Property Records , Information Property appraisal system 1 OF 22 Next Address: 04501 EVEREIT Page 1 of 1 1999' Send mail to assessor@co.'efferson 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: 03-05-2005 Version 3.2.2 - Release Dale: Dec 2004 http://ww 14.co.jefferson.co.us/ats/commercialinventory.do?sch=043266 3/7/2005 Hume Commereisl Prop" Records` - i ,7,M, tsry 0 100 Feet 0 100 Feet Residential Worksheet (SF/Duplex) Submittal requirements: Copy of Deed F Site Plan (to scale) Elevations Address: q-5-01 eVt7fP.~TT ST Zoning: K-3 Use: ft-tI - 3 VN I c r arPv°x. Lot Size: 2o, 0$L sq. ft. Lot Width: Property in the flood plain? (ES fz. 4-- ft. Maximum Lot Coverage: 4-b % Proposed Improvements: House: sq. ft. Addition to House: sq. ft. Shed: sq. ft. Detached Garage: 16 6~ 6 sq. ft. 2ktf~ING A 14, ' . Proposed Lot Coverage: (Total) 28 % pp JeFfc° s.yr 1D~ Z0 sq. ft. ?4561 1'f 441r is t°..cof Existing Improvem nt(s): House: 3981 F° ru f sq. ft. Shed: sq. ft. Detached Garage: Other: sq. ft. 6 S(, z5 sq. ft. sq. ft. 5` Yersfor7) a. rf°,y. S 16 ' R / b - MAw s7tevcadkef Required Setbacks: FR 30 S to ter ,?O _ to- 16 (0 ' OFT. GAKAGE Provided Setbacks: FR S S _R to (G q¢AbC) ,A boa/✓N'E - Maximum Height: (s ft. Maximum Size: 4$oo sq. ft. Proposed Height: (_7 '`f 40 ft. Proposed Size: /G GS sq. ft. &dk of e-af 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. Landscaping Notes For one-and two-family dwellings, one tree for every 70 feet of street frontage is required. 100% of the front yard and 25%r of the entire lot must be landscaped prior to issuance of C.O. Street trees required: Street trees provided: P ANNING & PW Fax:3032352857 7k~k 7k~k Transm i t Con- _ RepiD r, -t P.1 Mar 3 2005 16:24 Location Mode Start Time Page Result Note 97209478252 NORMAL 3/ 3,16:24 0'46" 2 * 0 K City of Wheat Ridge Fax Transmittal 7500 West 29' Avenue • Wheat Ridge, Colorado 80033 Planning. (303) 235-28" Building: (303) 235-2855 Engineering: (303) 235-2861 FAX: (303) 235-2857 Web Site: www.ci.wheatridpe.co.us DATE 0-3-0S Name: Organization: Fax: Phone: From: Division: Subject: # of Pages: CnmmAntn, r 4-'H - 1(1-4 - 91-5-L- 1(4 0 ,,Cr, fi^ Planning K Building ❑ Engineering 0 (including cover page) ' of s-~ . ~ ck S C d -N e v- A- ! t f- a--fe- a-- v P- ✓t Lt A ~e 3. Review criteria and findings of fact: The board of adjustment, planning commission or city council shall base its decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: a. 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? b. If the variance were granted, would it alter the essential character of the locality? C. 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? d. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? e. 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? f. If criteria a. through e. 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? 4. Expiration: Any variance granted by the board of adjustment or director of planning and development shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or director of planning and development may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance.