HomeMy WebLinkAboutWA-05-16City of Wheat Ridge DoE ""EqT~
Community Development Department m
Memorandum ~~COR
TO: Applicant; File
FROM: Alan White, Community Development Director
SUBJECT: WA-05-16/3240 Iris Court
DATE: 5 September 2005
Case No. WA-05-16 is an application filed by Mario Ficco and is a request for an administrative
variance; a variance from the maximum allowed twenty-five percent building coverage in the
Residential One zone district. The property is 12,547 square feet in size. Pursuant to Section 26-
205 of the Wheat Ridge Code of Laws, a maximum of 3,136.75 square feet of building(s) may be
constructed on this lot. The applicant wishes to construct 3,447 square feet of building (27.47%
lot coverage). The property is located at 3240 Iris Court and is zoned Residential One (R-1).
Pursuant to Section 26-115 (C) of the Wheat Ridge Code of Laws, the Zoning Administrator is
empowered to decide upon applications for a minor variance or waiver (10% or less), without
requirement of public hearing, provided that the following conditions are met:
1. The variance or waiver does not exceed ten percent (10%) of the minimum or maximum
standard; and
2. That the Community Development Director finds that the "findings of fact," as set forth
below, are substantially complied with and support the request; and
3. The Community Development Director has notified adjacent property owners by letter
notice and posting of the site at least ten (10) days prior to rendering his decision, and
that no protests have been received in such ten-day period; and
4. That no additional dwelling units would result from approval of such variance or waiver; and
5. That the limitations of Charter Section 5.10.1 are not exceeded.
If all the conditions above are met, the Community Development Director may issue an
administrative variance provided the findings of fact below are met:
Findings of Fact: The Community Development Director shall decide upon a request for a
variance or waiver, and shall base his decision in consideration of the extent to which the
following facts, favorable to the applicant, have been established by the evidence:
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district
in which it is located?
A single family residence could be constructed without the need for a variance. A smaller
structure could be constructed, or the brick exterior could be changed to siding, which
would eliminate the need for a variance.
2. If the variation were granted, would it alter the essential character of the locality?
The potential variance would not alter the essential character of the neighborhood. A few
of the existing structures have already received administrative lot coverage variances.
The exterior of the house could be changed to siding, which is not in character with the
existing structures. All houses in the neighborhood are constructed either of stone or
brick.
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 is rectangular in shape with gentle slope from south to north. The property slopes
approximately seven feet from the southern property line to the northern property line.
The lot meets the minimum standards for a lot in R-1 zone district. All other development
standards would be met.
4. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
The hardship stems from the lot coverage restriction in the R-1 zone district. The
applicant is constructing large custom homes in this subdivision. Based upon the market
demand, the typical homebuyer is requesting larger homes with three-car garages. The
25% maximum lot coverage requirement in the R-1 zone district is the most restrictive in
the Code. The R-1 district requires a minimum lot size of 12,500 square feet, but only
25% percent may contain structures. By contrast, the R-2 zone district allows 40% lot
coverage on the same size lot.
5. Would the granting of the variance be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located,
by, among other things, impairing the adequate supply of light and air to adjacent
property, substantially increasing the congestion in the public streets or increasing the
danger of fire or endangering the public safety, or substantially diminishing or
impairing property values within the neighborhood?
Granting the variance would not be detrimental to the public welfare. The increase would not
impair adequate light or air to adjacent properties or increase congestion. The request will not
increase the danger of fire, nor should it have an effect on property values.
It should be noted that a neighbor to the east did write a letter of objection claiming that the
variance would have an adverse effect on the view corridor to the west. The administrative
variance process starts out with a 10-day public notice period, during which time neighbors
can object to the request. If the objection is deemed legitimate, a public hearing before the
Board of Adjustment is required. Staff performed several site visits to observe the existing
view corridor. Existing development has blocked what little view did exist years ago. Many
mature trees obscure views to the west. The variance would increase the overall building
footprint by four inches around the perimeter. After the staff investigation and a meeting with
the applicant and objector, the objection was deemed not legitimate.
6. If criteria one through five are found, then would the granting of the variance result in
a benefit or contribution to the neighborhood or the community, as distinguished from
an individual benefit on the part of the applicant, or would granting of the variance
result in a reasonable accommodation of a person with disabilities?
Granting of the variance would result in a benefit to the neighborhood. If the variance were
not granted, the applicant could construct in a lesser building material, which would no be in
character. The variance will not result in an accommodation of a person with disabilities.
This request for an administrative variance meets all applicable conditions as required by Section 26-
115(C) of the City of Wheat Ridge Code of Laws. Staff has not received comments in opposition to
this request from the surrounding neighbors.
Case No. WA-05-16 is reby:
APPROVED
❑ DENIED
❑ WITH CONDITIONS:
WITHOUT CONDITIONS
9- & -v
Zoning Administrator (Date)
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City of Wheat Ridge of W"EqT
Community Development Department
Memorandum CO~pRpD~
TO: Alan White, Community Development Director
FROM: Travis Crane, Planner
SUBJECT: 3240 Iris Ct./ Administrative Variance
DATE: 15 August 2005
Attached is a letter received from an adjacent neighbor of the administrative variance request at 3240
Iris Court. Today is the deadline for any neighbor to object in writing to the request. Please inform
me if a Board of Adjustment hearing must be scheduled, or if this is considered an unsubstantiated
protest.
August 13, 2005
Department of Planning and Development
7500 West 29 h Avenue
Wheat Ridge, CO 80033
Re: Case No. WA-05-16
16
The purpose of this letter is to protest granting an administrative variance to increase the lot coverage for
property at 3240 Iris Court. The development of the Applewood Preserve Subdivision has begun to change
the character of our existing neighborhood. The size of the new homes has distracted from the character and
this petition seeks to make the structure at 3240 Iris Court even larger. Our existing view of the Front
Range, which increased the value of our home, has been diminished to a view corridor, as a result of the
development of the Applewood Preserve Subdivision. This remaining view corridor will be obstructed by
the allotment of a 10% size increase to the proposed structure. In other words, our view, a portion of our
home's value, will be taken away and granted to the property owners at 3240 Iris Court.
The proposed deck on the new structure, as laid out on the site plan showing the footprint of the building,
expanded our current concerns regarding intrusive noise. The raised deck faces our large picture windows,
directly in line with the living area of our home, and will reach a height of two feet above our existing six-
foot back fence. We have already been disturbed at the amount of noise, beyond that of construction,
coming from the new subdivision. This outdoor deck space will compromise our privacy and bring a further
increase to the noise levels.
The size of the proposed structure, taking away a view of the Front Range, an increase in noise levels, as
well as an invasion into the privacy of our home, are all reasons to deny a variance to increase the structure
size by 10%. We are interested to know what "undo hardship" was stated by the applicant to qualify the
variance for an administrative decision rather than a public hearing, thereby requiring us to submit this
protest to the variance in writing.
If our objections are not given any weight by you and your decision is to grant this variance in spite of the
information provided in this document, then we request, at minimum, that the builder be required to plant a
mature tree barrier of our design inside our property line and escrow a like amount to insure that the trees
live for a minimum of one year as a proffered condition of the approval.
Thank you for your consideration of this letter.
4~iz~*staslh CGLrrvrrr`
//John & Deanna Gammon
• MetroScan / Jefferson
Owner :Gammon John D
Site :3305 Independence Ct Wheat Ridge 80033
Mail :3305 Independence Ct Wheat Ridge Cc 80033
Use :1112 Res,Improved Land
Bedrm:4 Bath:1.75 TotRm: YB:1955 Pool:
• MetroScan / Jefferson
Owner :Wickersham William E Jr
Site :3295 Independence Ct Wheat Ridge 80033
Mail :3295 Independence Ct Wheat Ridge Co 80033
Use :1112 Res,Improved Land
Bedrm:2 Bath:1.75 TotRm: YB:1953 Pool
• MetroScan / Jefferson
Owner :Wright Tom/Susan
Site :3235 Iris Ct Wheat Ridge 80033
Mail :3235 Iris Ct Wheat Ridge Cc 80033
Use :1112 Res,Improved Land
Bedrm:3 Bath:2.25 TotRm: YB:2005 Pool:
: MetroScan / Jefferson
Owner :Ruppel Benjamin C -
Site :3245 Iris Ct Wheat Ridge 80033
Mail :PO Box 150141 Lakewood Co 80215
Use :1112 Res,Improved Land
Bedrm:5 Bath:3.75 TotRm: YB:2005 Pool:
• MetroScan / Jefferson
Owner :Ficco Louis J
Site :3265 Iris Ct Wheat Ridge 80033
Mail :12500 W 38th Ave Wheat Ridge Co 8003 '
Use :1112 Res,Improved Land `V^
Bedrm:3 Bath:3.50 TotRm: YB:201:
MetroScan / Jefferson
Owner :Ficco Mario A
Site :3260 Iris Ct Wheat Ridge 80033
Mail :9327 W 13th 21 Lakewood Co 80215
Use :1111. Vacant,Residential
Bedrm: Bath: TotRm: YB: Pool:
• MetroScan / Je££ son
Owner :Ficco Louis J
Site :3250 Iris Ct Wheat Ridge 80033
Mail :3650 Vance St #1 Wheat Ridge Co 800 3
Use :1111 Vacant,Residential
Bedrm: Bath: TotRm: YB P
• MetroScan J ft son
Owner :Ficco is J
Site :3240 Iris t Wheat.--Ridge 80033
Mail :3650 Vance 91 eat Ridge Co 80033
Use :1111,>,Raf't,Res ntial
Bedrm: Bath: TotRm: YB: Pool:
: MetroScan / Jefferson
Owner :Ficco Louis J
Site :3230•r Ct Whea dge 80033
Mail :3650 Vance eat Ridge Co 80033
Use :1111 Vac ,Rest tial
Bedrm: the Tot YB: Pool:
(CO) 7
Parcel :020956
vF---A . na/9'I /I c)
7004 2890 0001 6401 3704
Phone
B1dgSF:2,526 Ac:.33
(CO) :
Parcel :020966
Xfered :09/28/2000
Price .2- 0001 6401 3711
7004
ziagSF:1,960 Ac:.32
(CO) :
Parcel :438781
7004 2890 0001 6396 6285
Phone
B1dgSF:2,641 Ac:.28
(CO) :
Parcel :438782 6396 6292
Xfar 0001
7004 2890
e
B1dgSF:4,287 Ac:.28
(CO)
7004 2890 0001 6396 6308
Phone
B1dgSF:4,712 Ac:.61
(CO) :
Parcel :438784
7004 2890 0001 6396 6315
Phone
B1dgSF: Ac:.43
CO)
Parcel :438785
B1dgSF: AC:.30
7004 2890 0001 6396 632
Parcel :438786
Xfered :11/25/2002
Price
Phone
B1dgSF: Ac:.28
Parcel :439652
Xfered :01/27/2005
Price :$1851000
Phone
B1dgS F: Ac:.33
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/ use
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
The City of
7500 West 29th Avenue Wheat
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857 Ridge
August 5, 2005
This is to inform you of Case No. WA-05-16, a request for an increase to the maximum
lot coverage for property located at 3240 Iris Court.
The applicant is requesting an administrative variance review which allows no more than
a ten percent (10%) variance to be granted by the Zoning Administrator without need for
a public hearing. Prior to the rendering of a decision, all adjacent property owners are
required to be notified of the request by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or if you
would like to submit comments concerning this request, please do so in writing by 5:00
p.m. on August 15, 2005.
Thank you.
eAplanning\foms\zapubnot.wpd
* Search Parameters
* Jefferson (CO)
* 8/4/2005
* 10:15 AM
Parcel .
Number ...9
39
272
15
030
39
272
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031
39
272
15
048
39
272
15
049
39
272
15
050
39
272
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057
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant /gH2rU r1cco
Address 63z7
6-)• / 3" 'Q
Phone 303.57-166
City_ L4xe_-K tN
State 60
Zip W 7-15--
Fax 3~) _ yZ3.2S5t I
Owner u EiCLo
Address //3/5--4.),
3 B"' z4cr
Phone .27_ 4'?S~
Z.tv C
City k)"L'P'l
State c6
Zip sroC"Z73
Fax
3o3 c(Z'3. 2$L I
_
Contact rr ~lluU ;0~lcca
Address'5.t~ As
t43cOuC
Phone
City
State
Zip
Fax
(The person listed as contact will be contacted to an
swer 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): q /~y~~uZ eo) ~g1~rwS o 3Z ELI S el
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
❑ Change of zone or zone conditions
❑ Special Use Permit
❑ Consolidation Plat
❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception
❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment
❑ Right of Way Vacation
❑ Planned Building Group
❑ Temporary Use, Building, Sign
❑ Site Development Plan approval
❑ Variance/Waiver (from Section )
❑ Other:
Detailed description of request: 402 Xbrr'lt v
~IPo2/t~uce art 2 0 l1T,gyC z4n-r aUC 46t
Required information:
Assessors Parcel Number:
Current Zoning:
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 la accomplished. Applicants other than owners
must submit power-of-attorney from the ownerw ' _ p{f1Nre4vel this action on his behalf.
Signature of
nd sworn to me this day of 20 L)v
N~A PUBLIC
UR C0 Notary Public `
My commission expires
~1~•~d
MvCommtatln^ F nd/iF/9n^^
To be filled out by staff:
Daze received 2/3/a5-
Comp Plan Desig.
Related Case No.
v
Fee $ ZUl) Receipt No.?G~ ~v
Zoning
Pre-App Mtg. Date
Case No. b04-0.S-IL
Quarter Section Map
Case Manager
Case No.:
App: Last Name:
App: First Name:
Owner: Last Name.
Owner: First Name:
App Address:
City, State Zip:
App:Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case Disposition:
Project Planner:
File Location:
Notes:
Follow-Up:
A0516
Quarter Section Map No.:
NW27
Ficco
s Related Cases:
E
Mario
' Case History:
dm. variance to lot
_
overage... deadline to
Ficco
bject 8/15/05 .
Lou
327 W. 13th Pl.
Review Body
Lakewood, CO 80215
03564-6677
APN:
11315 W 38th Ave.
2nd Review Body:
Wheat Ridge, CO 80033
2nd Review Date:
03.807-4754
Decision -making Body:
240
_
Approval/Denial Date:
J
Iris Court
Wheat Ridge CO 80033 ..J
.
Reso/Ordinance No.:
..,..___3
Conditions of Approval:
Crane
ctrve_„ _ .
District: III _
Date Received: ,/3/2005
Pre-App Date:
CITY OF WHEAT RIDGE
r,Ci./C5/0 2.30 PM CDD
LOLIMAR ENTITIES, LLC
RECEIPT l4M'0}799.;0 AMUUidT
FM_D ZONING AP'P'LICATION F 2-o D0
LONE
PAYMENT RECEIVED PMJ!111dT
CK 2879
TOTAL =j0,OCi