HomeMy WebLinkAboutWA-05-137,500 West 29th Avenue
Wheat Ridge, Colorado 80033
The City of
Wheat
Ridge
FAX 303/235-2857
August 12, 2005
Jerry Krizek
Republic Garages
2532 S. Broadway
Denver, CO 80210
Dear Mr. Krizek:
RE: Case No. WA-05-13
Please be advised that at its meeting of July 28, 2005, the Board of Adjustment APPROVED
the request for a variance from the 10 foot side yard setback requirement for an accessory structure
resulting in a 5 foot side yard setback for property zoned Residential Two and located at 3810 Cody
Street for the following reasons:
1. This request would not seem to alter the essential character of the locality.
2. The footprint of the existing house realistically precludes a code complying location
for the proposed garage.
3. The lot shown to the south is higher in elevation, therefore the perceived height of the
new garage would appear lower from the property to the south and would remain
within the concepts of the 2003 ordinance.
4. Neighbors most affected to the east and the south submitted that they were in favor of
the structure and the variance.
5. This property improvement, as designed and submitted by the applicant, would seem
to reach to the intent of neighborhood revitalization.
With the following conditions:
The building materials will be matched brick on the front of the structure with
generally matching rooflines and shingles.
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, July 28, 2005. This variance shall
automatically expire within one hundred eighty (180) days of the date it was granted, January 24,
2006, unless a building permit has been obtained.
Jerry Krizek
Page 2
August 12, 2005
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: Victoria Nosal
3810 Cody
Wheat Ridge, CO 80033
WA 05=13 `(d file)
Building File
% i- ng-00 I\uwm\ldield\Kathy\BOA\CORRFSP\2004\wa0513appro al.wpd
COPY
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 28th day of July, 2005.
CASE NO: WA-05-13
APPLICANT'S NAME: Republic Garages
LOCATION: 3810 Cody Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-05-13 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-05-13 be, and hereby is, APPROVED.
TYPE OF VARIANCE: A variance from the 10 foot side yard setback requirement for an
accessory structure resulting in a 5 foot side yard setback for property zoned Residential Two.
FOR THE FOLLOWING REASONS:
1. This request would not seem to alter the essential character of the locality.
2. The footprint of the existing house realistically precludes a code complying location for
the proposed garage.
3. The lot shown to the south is higher in elevation, therefore the perceived height of the
new garage would appear lower from the property to the south and would remain within
the concepts of the 2003 ordinance.
4. Neighbors most affected to the east and the south submitted that they were in favor of the
structure and the variance.
5. This property improvement, as designed and submitted by the applicant, would seem to
reach to the intent of neighborhood revitalization.
Board of Adjustment
Resolution WA-05-13
Page two (2)
WITH THE FOLLOWING CONDITION:
The building materials will be matched brick on the front of the structure with generally
matching rooflines and shingles.
VOTE: YES: ABBOTT, BLAIR, HOVLAND, HOWARD, PAGE
NO: DRDA
ABSENT: BELL,BYBEE
DISPOSITION: A variance from the 10 foot side yard setback requirement for an accessory
structure resulting in a 5 foot side yard setback for property zoned Residential Two was
APPROVED.
ADOPTED and made effective this 28th day of July. 2005.
P ul Drda, Chair
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
July 28, 2005
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair Drda at 7:30 p.m. in the Council
Chambers of the Municipal Building, 7500 West 29u Avenue, Wheat Ridge,
Colorado.
2. ROLL CALL
Members Present: Tom Abbott
Bob Blair
Paul Drda
Bob Howard
Paul Hovland A 4;
Betty Jo Page
Members Absent: Janet Bell
Daniel Bybee
Staff Present: Meredith Reckert, Senior Planner
Travis Crane, Planner
Jeff Hirt, Planning Technician
Ann Lazzeri, Recording Secretary
The following is the official set of Board of Adjustment minutes for the public
hearing of July 28, 2005. A set of these minutes is retained both in the office of
the City Clerk and in the Community Development Department of the City of
Wheat Ridge.
3. PUBLIC FORUM
No one indicated a desire to speak at this time.
4. PUBLIC HEARING
A. Case No. WA-05-13: An application filed by Republic Garages for
approval of a variance from the 10 foot side yard setback requirement for
an accessory structure resulting in a 5 foot side yard setback for property
zoned Residential Two and located at 3810 Cody Street.
This case was presented by Travis Crane. He entered all pertinent documents into
the record and reviewed the staff report and digital presentation. Staff
recommended denial of the application for reasons outlined in the staff report.
Board of Adjustment
07-28-05
In response to a question from Board Member HOWARD, Travis Crane stated
that there would have been no need for a variance before the code was changed in
October, 2003.
In response to a question from Board Member BLAIR, Travis Crane stated that he
had not been notified of any opposition to the application.
In response to a question from Board Member DRDA, Travis Crane explained
that his calculations showed that the turning radius in the driveway would be
sufficient if the garage were built with a 10 foot setback.
Victoria Nosal
3810 Cody
Ms. Nosal, the applicant, was sworn in by Chair DRDA. She stated that all of her
neighbors were supportive of the variance. The applicant further stated that
building the garage to match the house would be an improvement to the
neighborhood. The variance would also provide a more negotiable entrance to the
garage. She had the house on the real estate market for awhile and many
comments were received that the garage was too small.
In response to a question from Board Member HOVLAND, Ms. Nosal stated that,
once the new garage is completed, they plan to remove the garage door from the
existing structure and replace it with french doors or something similar. The
space would probably be used for her husband's woodworking hobby.
Jerry Krizek
Republic Garages'
2532 S. Broadway, Denver
Mr. Krizek was swom in by Chair DRDA. He stated there would be no retaining
wall on the south property line. The garage floor would be approximately six
inches higher than the existing driveway and sloped to provide for drainage. He
stated that many houses in the neighborhood have detached garages with 5 foot
setbacks which were built before the code change. He commented that the code
change which requires an additional 5 foot setback for buildings over 8 feet
doesn't take garages into consideration because a garage wall has to be at least 10
feet high to accommodate the door. He provided copies of a layout showing the
proposed garage with a 10 foot setback and with a 5 foot setback and stated that a
10 foot setback would provide difficult entry/exit from the garage.
In response to a question from Board Member ABBOTT, Mr. Krizek stated that
the proposed garage would be normal width.
Board of Adjustment "
07-28-05
Victoria Nosal returned to the podium to confirm that the garage will match the
house in brick, shingles and roof lines. Mr. Krizek explained that the front of the
garage would be faced with brick with a 2 foot wrap-around on each side.
Gene Pastor
3815 Carr Street
Mr. Carr was sworn in by Chair DRDA. He lives directly east of the applicant
and spoke in favor of the application. All of the other neighbors have indicated to
him that they are also in favor.
Victoria Nosal returned to the podium and entered a letter into the record that
contained signatures of the surrounding neighbors indicating their support of the
proposed garage and variance.
Board Member HOVLAND commented that the variance would not change the
character of the neighborhood because this area was developed with 5 foot
setbacks. Further, the grade change to the south being higher would minimize the
height impact of the garage.
Board Member BLAIR commented that he thought it would be inappropriate to
impose a recent ordinance on this property owner when the t5lRd' gF~
properties were developed under a previous ordinance. x
Board Member DRDA commented that the counter-argument would be that the
present ordinance is in line with the new vision for Wheat Ridge. Board Member
BLAIR responded that he would agree with imposing the new ordinance on new
development.
Chair DRDA advised those present that a super majority of five affirmative votes
was required to approve the application.
Upon a motion by Board Member ABBOTT and second by Board Member
BLAI13, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment Application Case No. WA-05-13 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
Board of Adjustment - 3 -
07-28-05
the regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case
No. WA-05-13 be, and hereby is, approved.
Type of Variance: A variance from the 10 foot side yard setback
requirement for an accessory structure resulting in a 5 foot side yard setback
for property zoned Residential Two.
For the following reasons:
1. This request would not seem to alter the essential character of the
locality.
2. The footprint of the existing house realistically precludes a code
complying location for the proposed garage.
3. The lot shown to the south is higher in elevation, therefore the
perceived height of the new garage would appear lower from the
property to the south and would remain within the concepts of the
2003 ordinance.
4. Neighbors most affected to the east and the south submitted that they
were in favor of the structure and the variance.
5. This property improvement, as designed and submitted by the
applicant, would seem to reach to the intent of neighborhood
revitalization.
With the following conditions:
1. The building materials will be m A0 the front of the
structure with generally matching rooflines and shingles.
2. The existing garage door will be removed and not used as a garage.
Board Member HOWARD questioned the condition restricting the use of the
present garage. Board Member ABBOTT explained that he believed this
condition would provide for a more aesthetically pleasing structure and therefore
in line with the new neighborhood revitalization strategy.
Board Member PAGE questioned whether removing the garage door and
replacing it with a non-garage would door would affect the property assessment.
Meredith Reckert stated that she was not sure that Jefferson County would assess
it any differently.
Board Member HOVLAND expressed concern about a condition restricting the
use of the present garage.
Board of Adjustment - 4 -
07-28-05
In response to a question from Board Member ABBOTT, Mr. Krizek stated that
the garage door on the new garage would be a raised panel steel door with
windows in the top row. He also stated that removal of the present garage door
would cause the space to be considered inhabited space which would increase the
assessment value of the building.
Board Members ABBOTT and BLAIR agreed to remove the second
condition.
The motion as amended by Board Members ABBOTT and BLAIR passed 5-
1 with Board Member DRDA voting no.
Chair DRDA advised the applicant that the request for variance was granted.
B. Case No. WA-05-14: An application filed by James Pryor 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 and located at 5725 West 37`s
Avenue.
This case was presented by Jeff Hirt. He entered all pertinent documents into the record
and advised the Board there was jurisdiction to hear the case. He reviewed the staff
report and digital presentation. Staff recommended denial of the application for reasons
outlined in the staff report.
Mr. Hirt explained that the house could not be placed any further to the north because of
a 10-foot utility and drainage easement.
Edward Kaufman
13490 Lafayette Ct., Thornton D
Mr. Kaufman was sworn in by Chair DRDA. He is the developer of the property as well
as a lot owner. He was representing James Pryor who is a partner in the LLC who owns
the development. The property, when developed, will have five single family ranch style
houses; however, under city code, only four driveways are allowed from the private
drive. The driveway for the fifth house must enter from 37`s Avenue requiring a 30 foot
setback from the street to the garage. This would not allow for a garage adequate for
storage and handicapped accessibility. The houses will not have basements. A 3 foot
administrative variance was granted; however, another 6 feet is needed to construct the
desired 24' x 26' garage. The houses are pre-manufactured and cannot be changed at this
time. He did not realize at the time the houses were ordered that a fifth driveway could
not be built off the private drive. The garages will be built after the houses are in place.
Meredith Reckert commented that the 10-foot easement on the north could be researched
to find out whether or not 5 feet could be vacated thereby reducing the amount of
variance required by the applicant. Mr. Kaufman stated that he could not afford to wait
Board of Adjustment - -
07-28-05
I r S
1~ 1 J J 5J ~
3810 Cody St.
A request for approval of a five-foot
setback variance for a detached garage in
the R-2 zone district
eoaramaam:M~~
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Property stars
Subject property is zoned R-2
Minimum lot size (SFR) is 9,000 sq. ft.
Minimum lot width (SFR) is 75 feet
Property contains a single family structure
Subject property is 10,454 square feet and 7S feet wide
Setbacks Defined
Side yard setbacks for detached garages -
If garage is less than or equal to 8' in height -5 feet
If garage is over S' in height-10 feet
Structure height is measured to the mid of the roof
2
Proposal
Proposed garage- 660 square feet (22' x 30')
Allowed a maximum of 1,000 sq. R. of garage area
All other development standards such lot coverage,
height, and rear, northern side and front yard setbacks
will be met
Proposed Location of Gara
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Staff is recommending denial based upon the reasons
outlined in the staff report
Self-created hardship
Other opportunities exist for construction
Lot meets standards in the R-2 district
Potential change in character for the neighborhood
3
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
July 28, 2005
Case No. WA-05-13: An application filed by Republic Garages for approval of a variance
from the 10 foot side yard setback requirement for an accessory structure resulting in a 5
foot side yard setback for property zoned Residential Two and located at 3810 Cody
Street.
Name Address In favor/Opposed
V /ZP1C ~S 3(/L
FO/
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7--.P -e-os
POSTING CERTIFICATION
CASE NO. WA-05-13/Republic Garages
DEADLINE FOR WRITTEN COMMENTS:
I Victoria Nosal
(n a m e)
residing at 3810 Cody Street, Wheat Ridge, CO. 80033
(address)
as the applicant for Case No. WA-05-13/Republ,ilaereby certify that I have posted the sign for
Garages
Public Notice at 3810 Cody Street, Wheat Ridge, CO.
(location)
on this 28 day of July 20 05 , 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.
Signature:
NOTE: This form must be submitted to the Communit,
and will be placed in the applicant's case file.
?-a8-dam
June 20, 2005
MEMORANDUM TO: THE WHEAT RIDGE CITY COUNCIL
SUBJECT: GARAGE PERMIT - WAIVER OF VARIENCE REQUEST
Victoria Nosal, owner of a single family property located at 3810 Cody Street and her
husband Jeff Soltesz are requesting a variance from the City to obtain a building permit
to build a 2-car garage, located 5-feet from the south and east property lines.
As a neighbor bordering the property line of 3810 Cody Street, my signature below states
that the 5 feet variance is acceptable to me and I encourage the Wheat Ridge City Council
to approve the request for a wiaver of the City's 10-foot requirement and support their
plan to build a 2-car garage 5 feet from the property line.
Signature
8495 W 3A
Address
wry-a5-13
7-a8-a-"
June 20, 2005
MEMORANDUM TO: THE WHEAT RIDGE CITY COUNCIL
SUBJECT: GARAGE PERMIT - WAIVER OF VARIENCE REQUEST
Victoria Nosal, owner of a single family property located at 3810 Cody Street and her
husband Jeff Soltesz are requesting a variance from the City to obtain a building permit
to build a 2-car garage, located 5-feet from the south and east property lines.
As a neighbor bordering the property line of 3810 Cody Street, my signature below states
that the 5 feet variance is acceptable to me and I encourage the Wheat Ridge City Council
to approve the request for a wiaver of the City's 10-foot requirement and support their
plan to build a 2-car garage 5 feet from the property line.
Signature _a s
Address 8 55 W . 38 14t) ~ (,J%-eA,~ ~ ~cLG e ~ ~A 6'00 3 3
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Wft- 0S- l3
June 20, 2005
MEMORANDUM TO: THE WHEAT RIDGE CITY COUNCIL
SUBJECT: GARAGE PERMIT - WAIVER OF VARIENCE REQUEST
Victoria Nosal, owner of a single family property located at 3810 Cody Street and her
husband Jeff Soltesz are requesting a variance from the City to obtain a building permit
to build a 2-car garage, located 5-feet from the south and east property lines.
As a neighbor bordering the property line of 3810 Cody Street, my signature below states
that the 5 feet variance is acceptable to me and I encourage the Wheat Ridge City Council
to approve the request for a wiaver of the City's 10-foot requirement and support their
plan to build a 2-car garage 5 feet from the property line.
Signature /
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Southwest Corner of the East 112,East 112,SE114,SE1/4 _
of Section 22,T3S,R69W of the 6th P.M. On the basis of my knowledge, information and bel' hereby certify that Improvement location ce to was prepared for
REPUBLIC GARAGES- that it is , of a nd Survey Plat
`~oF wHEar,p'on CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
00<ORPOO
TO: Board of Adjustment CASE MANAGER: Travis Crane
CASE NO. & NAME: WA-05-13/Republic Garages DATE OF MEETING: July 28, 2005
ACTION REQUESTED: Request for approval of a 5 foot side yard setback variance from the 10 foot
side yard setback requirement for accessory structures in the R-2 zone district.
LOCATION OF REQUEST: 3810 Cody Street
APPLICANT (S): Republic Garages OWNER (S): Victoria Nosal
2532 S. Broadway 3810 Cody St.
Denver, CO 80210 Wheat Ridge, CO 80033
APPROXIMATE AREA: 10,454 sq. ft. (.24 ac.)
PRESENT ZONING: Residential Two (R-2)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Locat
Site
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST
The applicant, as a representative for the property owner, is requesting approval of a 5 foot
side yard setback variance from the 10 foot side yard setback requirement for an accessory
structure in the R-2 zone district (Exhibit 1, Letter of Request).
II. CASE ANALYSIS
The property is currently zoned Residential Two (R-2), and contains an existing single family
residence. The R-2 zone district allows single family uses and accessory buildings. The
minimum lot size for a single family residence in the R-2 zone district is 9,000 square feet,
including a minimum lot width of 75 feet. The property is 10,454 square feet in size, is 75
feet in width, has a rectangular shape, and is relatively flat (Exhibit 2, Improvement Location
Certificate).
The applicant wishes to construct a detached garage in the southeast corner of the property
behind the existing home. The garage would be 660 square feet in size, located 5 feet from
the southern (side) property line. The R-2 zone district allows detached garages up to a
maximum of 1,000 square feet. The required setbacks are determined by the height of the
structure. If a garage is 8 feet or less in height, the required side yard setback is only 5 feet. If
the garage is over 8 feet in height (up to a maximum height of 15 feet), the required side yard
setback is ten feet. It should be noted that garage height is measured to the midpoint of the
roof. The R-2 zone district requires a minimum front yard setback of 30 feet.
The garage will be 11.2 feet in height, measured to the midpoint of the roof. Therefore, the
required side yard setback is ten feet. The applicant wishes to place the detached garage 5
feet from the side property line. All other required setbacks and development standards in the
R-2 zone district would be met.
There have been three variances granted on this block: 3960 Cody received a 3.5 foot side
yard variance for a carport in 1970, 3995 Cody received a 5 foot side yard setback variance
for a patio in 1977, and 3815 Cody received a three foot front yard setback variance in 1999.
After a visual inspection of the aerial photographs and research through the building files, it
appears that most of the structures in the neighborhood meet or exceed the required side yard
setback requirement. The property currently contains a one-car attached garage.
III. 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 continue to be used as a single family residence, and the property currently
contains an existing attached single-car garage.
2. If the variance were granted, would it alter the essential character of the locality?
Board of Adjustment
WA-05-13/Republic
If the request were granted, the character of the locality could possibly be altered. After
reviewing the aerial photographs, many of the structures in the neighborhood appear to
meet the required side yard setbacks. The notable exceptions are for two properties which
were each granted side yard setback variances in 1970 and 1977.
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?
The lot does not have a unique shape. It is a rectangular shaped lot and is relatively flat.
The property exceeds the minimum lot size for a single-family dwelling in the R-2 zone
district. The location of the existing house does not preclude the construction of a
detached garage in the appropriate location.
4. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
A person who has interest in the property has caused the hardship. The request arises
from a desire to construct a larger detached garage closer to the property line, when other
opportunities may exist. It may be possible to reduce the size of the garage, thereby
providing for the required side yard setback.
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?
The request would not be detrimental to the public welfare. The adequate supply of light
and air could possibly be compromised as a result of the request. The garage would be
11.2 feet tall at the midpoint of the roof, located 5 feet from the southern property line.
The request would not increase congestion in the streets, nor increase the danger of fire.
The request would most likely not have an effect on property values in the neighborhood.
6. If criteria 1 through 5 are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished
from an individual benefit on the part of the applicant, or would granting of the
variance result in a reasonable accommodation of a person with disabilities?
The request would not result a benefit or contribution to the neighborhood, only the
property owner. The request would not result in a reasonable accommodation of a person
with disabilities.
Board of Adjustment
WA-05-13/Republic
IV. STAFF CONCLUSION & RECOMMENDED MOTION (S)
Upon review of the above request, staff concludes that the criteria are not
supportive of the request. Therefore, staff recommends DENIAL for the following
reasons:
1. The hardship has been created by a person having interest in the property.
2. Other opportunities may exist where the garage could be constructed while
complying with the development standards in the R-2 zone district.
3. The physical attributes and dimensions of the property do not pose a particular
hardship. The property exceeds the minimum lot size for a single-family structure in
the R-2 zone district.
4. Granting of the variance could potentially change or alter the character of the
neighborhood. A majority of the structures in the neighborhood all meet or exceed
the required side yard setback requirements.
Board of Adjustment
WA-05-13/Republic
JUL-13-2005 13:11 FROM:REPUBLIC 303 781 4170 TO:3032352857 P.2
3a, the garage would not be functional as a 2-car garage, because the
overhead door would be to far to the north. The cars both would
have to angle to the north to enter. It would not be a straight
shot into the garage.
3b. the garage would not alther the essential character 6f the localtty.
other:inefghbons through out the area have their garage 5' off side
property lines.
3c. the location of the house to the lot does not make for easy access.
5' side set back provides easier access to the garage for both
vechiles.
3d. No, when house was originally platted, the hardship was created.
3e. No, other neighbors have been granted similiat varianoe request.
3f. the Benefit would be fewer cars and yard equipment on the driveway
Victoria Nosal
3810 Cody St.
Wheat Ridge, CO.
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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 July 28, 2005, at 7:30 p.m. in the Council Chambers of the
Municipal Building at 7500 West 29`h 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-05-13: An application filed by Republic Garages for approval of a
variance from the 10 foot side yard setback requirement for an accessory structure
resulting in a 5 foot side yard setback for property zoned Residential-Two (R-2) and
located at 3810 Cody Street.
Case No. WA-05-14: An application filed by James Pryor 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 37th Avenue.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Clerk
To be published: Wheat Ridge Transcript
Date: July 14, 2005
~a eS F~
------~-1=- Met Scan / Jefferson (CO)
Owner
:Ayres Betty L
Parcel :023640
Site
:3877 Cody St Wheat Ridge 80033
xf°r°,i -01/17/2002 -
Mail
:3877 Cody St Wheat Ridge Cc 80033
7004 2890 0001 6401 3384 ,
Use
:1112 Res, Improved Land
Rnone - -
Bedrm:
3 Bath:1.50 TotRm: YB:1957 Pool:
B1dgSF:1,344 Ac:.20
• MetroScan / Jefferson
(CO)
Owner
:Schranz Diane G
Parcel :024068
Site
:3825 Carr St Wheat Ridge 80033
0001 6401 3391
Mail
:3825 Carr St Wheat Ridge Co 80033
7004 2890
Use
:1112 Res,Improved Land
-none :303-420-5291
Bedrm:
3 Bath:1.75 TotRm: YB:1954 Pool:
BidgSF:1,405 Ac:.24
• MetroScan / Jefferson
(CO)
Owner
:Meurer James M
Parcel :024097
Site
:3860 Cody St Wheat Ridge 80033
7004 2890 0001 6401 3407
Mail
:3860 Cody St Wheat Ridge Co 80033
-Y-:=voT~~----~,
Use
:1112 Res,Improved Land
Phone
Bedrm:
2 Bath:1.75 TotRm: YB:1949 Pool:
B1dgSF:1,859 Ac:.23
*
• MetroScan / Jefferson
(CO)
Owner
:Burns Robert/Brenda K
Parcel :024406
Site
:8455 W 38th Ave Wheat Ridge 80033
Xferert 6401 3414
_ -
0001
Mail
:8455 W 38th Ave Wheat Ridge Co 80033
7004 2$90
Use
:1112 Res,Improved Land
--==rone-
Bedrm:
4 Bath:3.50 TotRm: YB:1981 Pool:
B1dgSF:2,203 Ac:.26
*
: MetroScan / Jefferson
(CO)
Owner Owner
:Nosal Victoria A
Parcel :024476
Site
:3810 Cody St Wheat Ridge 80033
7004 2896'6001 6401 3421
Mail
:3810 Cody St Wheat Ridge Cc 80033
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:1.50 TotRm: YB:1954 Pool:
B1dgSF:1,171 Ac:.23
- • MetroScan / Jefferson
(CO)
Owner
:Siplon Robert L
Parcel :025111
Site
:3820 Dover St Wheat Ridge 80033
7004 2890 0001 6401 3438
Mail
:3820 Dover St Wheat Ridge Co 80033
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:2.25 TotRm: YB:1923 Pool:
B1dgSF:1,140 Ac:.36
• MetroScan / Jefferson
(CO)
Owner
:Woodcock Allen K
pa,-r°l :025250
Site
:3838 Dover St Wheat Ridge 80033
7004 2890 0001 6401 3445
Mail
:3838 Dover St.Wheat Ridge Co 80033
--Price azzo,-wo--~~r
Use
:1112 Res,Improved Land
Phone
Bedrm:
4 Bath:2.50 TotRm: YB:1955 Pool:
B1dgSF:1,365 Ac:.35
• MetroScan / Jefferson
(CO)
Owner
:Myers Susan K
Parcel :025746 V~C~~FIh?P
Site
:8485 W 38th Ave Wheat Ridge 80033
7004 2890 0001 6401 3452
Mail
:8485 W 38th Ave Wheat Ridge Co 80033
- _
Use
:1112 Res,Improved Land
Phone
Bedrm:
4 Bath:1.75 TotRm: YB:1948 Pool:
B1dgSF:1,388 Ac:.26
MetroScan / Jefferson
(CO) •
Owner
:Pastor Eugene A
Parcel :025802
Site
:3815 Carr St Wheat Ridge 80033
xf°r°d
Mail
:3815 Carr St Wheat Ridge Co 80033.
7004 28.90 0001 6401 3469
Use
:1112 Res,Improved Land
rnone -
Bedrm:
3Bath:1.75 TotRm: YB:1981 Pool:
B1dgSF:1,896 Ac:.24
: MetroScan / Jefferson
(CO) :
Owner
:Robbins May G
Parcel :026045
Site
:3830 Cody St Wheat Ridge 80033
7004 2890 0001 6401 3476
Mail
:3830 Cody St Wheat Ridge Co 80033
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:1.00 TotRm: YB:1949 Pool:
B1dgSF:1,516 Ac:.23
*
• MetroScan / Jefferson
(CO)
Owner
:Gunzner Kent J
Parcel :075903
Site
:8425 W 38th Ave Wheat Ridge 80033
7004 2890 0001 640,1 3483
Mail
:8425 W 38th Ave Wheat Ridge Cc 80033
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:1.00 TotRm: YB:1924 Pool:
BldgSF:1,604 Ac:.23
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.
• MetroScan / Jefferson
Owner :Hall Thelma
Site :8503 W 38th Ave Wheat Ridge 80033
Mail :8503 W 38th Ave Wheat Ridge Co 80033
Use :1112 Res,Improved Land
Bedrm:3 Bath:2.50 TotRm: YB:2001 Pool:
MetroScan / Jefferson
Owner :Gwinn Stephen A
Site :8501 W 38th Ave Wheat Ridge 80033
Mail :9104 W Warren Dr Lakewood Cc 80227
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.75 TotRm: YB:1931 Pool:
: MetroScan /Jefferson
Owner :Jeakins Matthew D
Site :3815 Cody St Wheat Ridge 80033
Mail :8095 Holland Ct #B Arvada Co 80005
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.75 TotRm: YB:2000 Pool:
• MetroScan / Jefferson
Owner :Beset Ralph C/Margaret E Trust
Site :3845 Cody St Wheat Ridge 80033
Mail :3845 Cody St Wheat Ridge Co 80033
Use :1111 Vacant,Residential
Bedrm: Bath: TotRm: YB: Pool:
(CO) :
Parcel :423154
Yf---A .1111n 1---
7004 2890 0001 6401 3490
B1dgSF:1,627 Ac:.24
(CO) :
Parcel :423155
,--A .nat9a/?nnn
7004 2890 0001 6401 3506
Phone - :3U3=980-)rui
B1dgSF:908 Ac:.20
(CO) :
Parcel :423156 OV0Et/I/&k'90CL
•07/22/1999 • /js f}OrJQ~ssED
L7004 2890 0001 6401 3513
Phone
B1dgSF:1,445 Ac:.14
(CO) :
Parcel :423157
.n7/A~/, oo7 Vd 50CW No,
7004 2890 0001 6401 3520
Phone
one
B1dgSF: Ac:.15
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
July 14, 2005
Dear Property Owner:
This is to inform you of Case No. WA-05-13 which is a request for approval of a
variance from the 10 foot side yard setback requirement for an accessory structure
resulting in a 5 foot side yard setback for property zoned Residential-Two (R-2) and
located at 3810 Cody 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 July 28, 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\Ictield\Kathy\BOA\pubnotice\2005\wa0513.wpd
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OFFICIAL
PARCEVLOTBOUNDARY
ZONING MAP SE 22
(DESIGNATES OWNERSHIP)
WHEAT RIDGE -----WATER FEATURE
COLORADO ' DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN 0 100 200 300 <oo F.m
(APPROXIMATE LOCATION) summula
DEPARTMENT OF MAP ADOPTED: May 24, 1999
'°w'° PLANNING AND DEVELOPMENT Last Revisim: September 10, 2001
* Search Parameters
* Jefferson (CO)
* 7/13/2005
* 3:32 PM
Parcel Number ...15
39 224 00 028
39 224 00 030
39 224 00 031
39 224 00 032
39 224 00 034
39 224 00 061
39 224 00 062
39 224 00 063
39 224 00 064
39 224 00 065
39 224 00 056
39 224 14 001
39 224 14 002
39 224 14 003
39 224 14 004
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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 Republic Garages/Jerry Address 2532 south Broadway Phone 303-781-9400
City Dpnvpr State Cg Zip 80210 Fax 303-781-4170
Owner Victoria Nosal Address 3810 Cody St Phonc421-6235
City wheat ridge State co Zip Fax
contact jerry or Joanne Republic Gar Address 2532 south broadway Phone 303-781-9400
City denver State co Zip 80210 Fax 303-781-4170
(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): 3810 Cody Street, wheat ridge, co
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittat 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: would like to build a 22'00' 2-car garage 5' from south P/Line
where 10 is required. we are asking for the variance because by moving the garage 10'
off south property line the garage door would not allow a straight drive into garage
Required information:
Assessors Parcel Number: 024476 Size of Lot (acres or square footage): 10,454
Current Zoning: 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_ attorney fromivner which approved of this action on his behalf.
Signature of can a rizek/republt CMftnues
_s Subscribed and sworn to me this ay of un 120 05
yijq~f Of Et N y Public
~ y commission expires 02-22-08
aM G ~0~
To be filled out by staff:.
Date received P112?/05- Fee $ 1. D4) Receipt No.0OI WS Case No. 404- d~ - (3
Comp Plan Desig. Zoning a- Quarter Section Map
Related Case No. Pre-App Mtg. Date Case Manager /t9"p- 7-
JWI-Va-VV
la•YG inrm i.iu. rN.,~,r,
r
Reum a TO:
CT2. MORTGAGE COMPANY
RECEPTION NO. FIEF0756
P.O. Horr 199113, PxKht- n009 4/20/2001 11.11%57 PS: 001-016
Dallas, TI 75219
PAVE FEE. 80.00 DDC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY,, COLORADO
~
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Prepared By
~
axrt2r.a BYLz
3100 MCRaWON, CORP.
CLOSING 5th Floor r 1
DALLAS, M 75201
1$Patt Absve TMS].lae Far ar tiaB Dam?
203657202
DEED OF TRUST
- Lm 100015902036572020
DEFINITIONS
Words used m uudtipk secooas of dus dMurnent we defined below and other words are de,Cwed m Sections
3, 11.13. 18, 20 and 21. Certain roles regarding the usage of words used m this document are also provided
in Section 16.
(A) "Security In9humJmd" means this documeotr which is dared 4/09/2001
mgether with all Rides to this document
(B) "Borrower" is
VICTORIA A. NOSAL -
Borrower is the mistor under lids Security lust xamt
(C) "Lender" iS CPS MORTGAGS COWAUY
T,n isS A CORPORATION
COLORAD"nOla Family-Faoote Mae/Freddie Mae UNIFORM INSTRUYENTWITN MERS ForrawaS Vat
,;6A000)Iowa)
(1p
~~-f1 1Ip11'~~'IaBpII I~II~'W~1 N~apIBR~~~p~
Pee", uh,6 iP¢uY~4 W. II'Ni1IIWaia ~Ila YtlttY
VYP YONTOiGE RIXYS-(rOafrT,-TJBf
231
JUN-03-06 13:02 FRON-NREL CONTRACTS 303 364 7310 T-ST1 P.002/002 F-056
ESCROW NO.: 23735
DATE April 19 2001
"EXHIBIT A"
LEGAL DESCRIPTION
The south 1/2 of the following described Tract:
Beginning at a point 25 feet East and 153 feet North of the Southwest
corner of the East 1/2 East 1/2 Southeast 1/4 Southeast 1/4 Section 22,
Township 3 South, Range 69 West,
Thence North 150 feet,
Thence East at right angles 140 feet,
Thence South 150 feet,
Thence West at right angles 140 feet to the Point of Beginning,
County of Jefferson, State of Colorado.
Case No.: _A0513 Quarter Section Map No.: .,E22
App: Last Name: Republic Garages _ Related Cases: _
App: First Name: /o Jeor Joanne Case History: ft side yard setback
Owner: Last Name: Nosal [arlance
Owner: First Name: ictoria
App Address: X5-32 S. Broadway Review Body: BOA: 7/28/05_
City, State Zip: 1_ Denv-e r°C080210
App: Phone: 03781-9400 APN:
Owner Address: 810 Code St. 2nd Review Body:
City/State/Zip: heat Ridge, GO 80033 2nd Review Date:
Owner Phone: 03 421-6235 Decision-making Body: BOA 7/28/05.
Project Address: 810
r--
- Approval/Denial Date: j
Street Name: LogyStreet
City/State, Zip: heat. Ridge, C080033.-„ Reso/Ordinance No.:
Case Disposition: Conditions of Approval:
Project Planner: Hirt District:.
File Location: c;ive Date Received: /28/2005
Notes:.__
Pre-App Date: Follow-Up: OF WHEAT RIDGE
Oc/'~7/05 8.09 Ali r,Tb
Republic Garages
RECEIPT NO-COI%R5 AMOUNT
tl`I'SD ZONING REIMBURSEMENT 90,1)0
zreini
FMSD 7.014ING APPLICATION F 300M
76rie
PAYMENT RECEIVED AMOUNT
CK 1946181 390.00
TOTAL _590.00