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HomeMy WebLinkAboutWA-05-187500 West 29th Avenue Wheat Ridge, Colorado 80033 303/235-2846 Fax: 303/235-2857 The City of Wheat Ridge October 10, 2005 Kyle Lynch J~ 2722 ( S w Re: 3201 Nelson Street Dear Mr. Lynch: ,4ce ~ MU A~{~ 0 31t av`a This letter is in regards to the in ground swimming pool proposed at 3201 Nelson Street. A variance of 8 feet from the required 15 foot rear yard setback was approved before the Board of Adjustment on September 16, 2005. It was noted that the pool, as shown on the site plan submitted, also encroaches one foot into the 8 foot drainage and utility easement along the western property line. One of the conditions of approval is that the Board acknowledged this, and the need for the Public Works Department to review the plans for impact on this easement and any other pertinent issues. A preliminary review was done by the Public Works Department for an in ground pool at this location (considered a permanent structure) and the following was determined: 1. The pool may be shortened to not encroach one foot into this easement, and no utility providers need to be contacted. The variance approval still remains valid, as long as the pool is not constructed any closer to the west property line than the variance was approved for. 2. A permanent structure cannot be located within an easement. In order to allow for the pool as shown, one foot of this easement must be vacated. In order to do this, the first step is to contact all utility providers for this easement (i.e. Qwest, Xcel, Comcast, etc.) and get approval from them in writing that one foot of this easement may be vacated. Following this, a survey must be submitted which reflects the new easement boundaries with one foot of this easement vacated. If this is the route chosen, it is advisable to get approval from the utility providers prior to completing the survey to ensure this easement can be vacated in the first place. 3. The Public Works Department has also informed me that at this particular location, a drainage report for the entire subdivision (Distinctive Addresses at Applewood Subdivision) was submitted. Given this, please be advised that there will be review to ensure there are no drainage implications with the permit. A letter from the engineer which produced this report may be required to ensure that the pool does not adversely affect the drainage in the area prior to approval of the permit. 4. 1 acknowledge that this information should have been provided during the variance process, and I apologize for the inconvenience. Now that all issues appear to have been identified, we will make every effort to accommodate you in the building permit process. If you have questions or if I can be of any assistance please feel free to contact me at (303) 235- 2845. Sincerely, Jeff Hirt Planning Technician, Community Development Department 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 October 7, 2005 Michael Pusateri 3201 Nelson St. Wheat Ridge, CO 80033 Dear Mr. Pusateri: RE: Case No. WA-05-18 Please be advised that at its meeting of September 22, 2005, the Board of Adjustment APPROVED the request for an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool on property zoned Residential One and located at 3201 Nelson Street for the following reasons: 1. The request will have a minimal effect on the essential character of the locality. 2. There are very limited options for placement of a swimming pool of the size proposed without the need for a variance or variances. The property is a corner lot and thus subject to more stringent setback requirements. Without the benefit of the variance, the pool could only be eight feet wide. 3. The intent of the classification of swimming pools as structures subject to setback requirements is more applicable to above-ground pools. The applicant is proposing an in- ground pool. 4. The pool can be located no closer to the house due to structural piers on the house itself. 5. A letter of approval for the variance was received from a representative of the Applewood Reserve Subdivision. With the following condition: 1. The pool shall be in-ground and not be an above-ground pool. 2. This variance acknowledges the one-foot drainage easement encroachment and final approval is subject to review by City of Wheat Ridge Department of Public Works. 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, September 22, 2005. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, March 21, 2006, unless a building permit has been obtained. Michael Pusateri Page 2 October 7, 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: WA-05-18 (case file) Building File \\srv-ci-eng-00 1\users\kfield\Kathy\BOA\CORRESP\2005\wa0518approval.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 22nd day of September, 2005. CASE NO: WA-05-18 APPLICANT'S NAME: Michael Pusateri LOCATION: 3201 Nelson Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-05-18 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-05-18 be, and hereby is, APPROVED. TYPE OF VARIANCE: An 8-foot rear yard setback variance from the 15-foot rear yard setback requirement for a swimming pool on property zoned Residential One. FOR THE FOLLOWING REASONS: The request will have a minimal effect on the essential character of the locality. 2. There are very limited options for placement of a swimming pool of the size proposed without the need for a variance or variances. The property is a corner lot and thus subject to more stringent setback requirements. Without the benefit of the variance, the pool could only be eight feet wide. 3. The intent of the classification of swimming pools as structures subject to setback requirements is more applicable to above-ground pools. The applicant is proposing an in- ground pool. 4. The pool can be located no closer to the house due to structural piers on the house itself. Board of Adjustment Resolution WA-05-18 Page two (2) A letter of approval for the variance was received from a representative of the Applewood Reserve Subdivision. WITH THE FOLLOWING CONDITIONS: The pool shall be in-ground and not be an above-ground pool. 2. This variance acknowledges the one-foot drainage easement and final approval is subject to review by City of Wheat Ridge Department of Public Works. . VOTE: YES: ABBOTT, BLAIR, HOWARD, HOVLAND,PAGE NO: None ABSENT: BELL, BYBEE, DRDA DISPOSITION: A request for an 8-foot rear yard setback variance from the 15-foot rear yard setback requirement for a swimming pool on property zoned Residential One was APPROVED. ADOPTED and made effective this 22nd day of September, 2005. Bob Blair, Acting Chair Ann Lazzeri, Secret Board of Adjustment Board of Adjustment 1. The variance does not alter the essential character of the neighborhood as there is currently angled parking adjacent to the street. 2. It would not be detrimental to the public welfare and, as designed, the landscaping that the applicant has included can be perceived as a possible benefit to the neighborhood by increasing some of the landscaping as seen from the public view. Board Member ABBOTT offered the following friendly amendment: Reason No. 3: It is not in the best interest of the city or its citizens that this commercially zoned property remain a vacant, paved and otherwise unimproved parcel. The amendment was accepted by Board Members HOVLAND and PAGE. Board Member HOVLAND requested an amendment to add two conditions to his motion as follows: 1. Landscaping will be required as shown on the review with planters and trees as approved by the city. 2. Parking spaces in front that lack adequate depth must be addressed and approved by the city. Board Member PAGE agreed to the amendment to add the two conditions. Board Member ABBOTT offered another friendly amendment as follows: Condition No. 3: Landscaping of the 171 square foot triangle at the corner of 44"' and Vance, as proposed in the applicant's letter, be required. The amendment was accepted by Board Members HOVLAND and PAGE. The motion passed 5-0. (The meeting was recessed from 9:10 to 9:17 p.m.) i B. Case No. WA-05-18: An application filed by Michael Pusateri for approval of an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool on property zoned Residential One and located at 3201 Nelson Street. This case was presented by Jeff Hirt. He entered all pertinent documents into the record which were accepted by Chair BLAIR. He advised the Board there was Board of Adjustment -5 - 09-22-05 jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff recommended approval of the request for reasons outlined in the staff report. In response to a question from Board Member HOWARD, Meredith Reckert explained that the easement referred to in the staff report is an 8-foot utility and drainage easement. The pool would encroach into the easement by one foot. Approval from appropriate parties would be required for this encroachment to occur. Michael Pusateri 3201 Nelson Mr. Pusateri, the applicant, was sworn in by Chair BLAIR. He is requesting an 8- foot rear yard setback to build a 16-foot by 36-foot swimming pool. In reply to a question from Board Member PAGE, Mr. Pusateri stated that there is a sump pump that would pump any water away from the perimeter of the property. Kyle Lynch 1621 Iris Street, Lakewood URAFT Mr. Lynch, the applicant's contractor, was sworn in by Chair BLAIR. In response to a question from Board Member ABBOTT, Mr. Lynch stated that any overflow from the pool.would be accommodated by a sump pump. He also stated that, from a structural standpoint, the pool could be built no closer than four feet from the house. Chair BLAIR asked if there were others present who wished to address this case. There was no response. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-18 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. Board of Adjustment - 6 - 09-22-05 Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-05-18 be, and hereby is, approved. Type of Variance: An 8-foot rear yard setback variance from the 15-foot rear yard setback requirement for a swimming pool on property zoned Residential One. For the following reasons: DRAFT 1. The request will have a minimal effect on the essential character of the locality. 2. There are very limited options for placement of a swimming pool of the size proposed without the need for a variance or variances. The property is a corner lot and thus subject to more stringent setback requirements. Without the benefit of the variance, the pool could only be eight feet wide. 3. The intent of the classification of swimming pools as structures subject to setback requirements is more applicable to above-ground pools. The applicant is proposing an in-ground pool. 4. The pool can be located no closer to the house due to structural piers on the house itself. 5. A letter of approval for the variance was received from a representative of the Applewood Reserve Subdivision. With the following condition: 1. The pool shall be in-ground and not be, an above-ground pool. 2. This variance acknowledges the one-foot drainage easement encroachment and final approval is subject to review by City of Wheat Ridge Department of Public Works. The motion passed 5-0. 5. CLOSE THE PUBLIC HEARING . Chair BLAIR closed the public hearing. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS Approval of minutes -August 25, 2005 Board of Adjustment - 09-22-05 W ~ o N O *OIL ~ o O *NEW ~y N O ~r- O rot- I--i 04 ~ D V rn ~ o -0 a. 3 7-0 1 3 (D (n < 0- CD _ LO 3 ~ p ~ u, o = = • o o =3 CD CD co O n 00 a) 0 rn ~ o ~ o cn o 1 rT CD C U (D 2~ -0 . r* (D .1 Q N 77 F-- ~ (D 0 o Q ~ 77 • ~ Q (D ~ C r -i- D r-t n CD r y- b O O N 0 ~a Fl R X eI (r. ~n ~C f/ q {CI V Fl n it IS r ~ 0 U i~ ~m V Z lu 1 V n b O t'' O O n ~-r~ b O r 0 0 x 0 G C n b O ~r r 0 0 v. rD n It O CD 01 `C r 0 0 rut- O O n n O O O O A~ O vl' C ~D• •J F O C O n C 01 01 CD ol UA fD U~Q A~ 0-h rD CD n 01 0• O ~ O C 04 C C C ~ O• n.p •J A~ n fD ow n O e-P 50 = J n ow ~C O O UQ 50 n K n O O O U~Q A~ n n O O• O O '0 01 •J W H O n AO K O ~L ~Q A~ A~ A~ N N ~h 10-1 C A~ A~n O A~ n rD n A~ n n O O n •J n O SZ. "O O °C A~ A~ O n O n An C 01 I~ • l 1 i (I7 -p W N O CD Q -0 rt -0 3 Q r-~-f CD r-r O O n' 0 Q- O Ln h OV rt O < < CD 77 rt D Ln Lo N (D CD O p O n a. 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CAD p r-r 0 '6 M 0 0 0_3 0 ~ Lo O (D Lp' ch Q n CD CD r-r 0- ~ [D a,mc~nLomo0c CD c rt :3 -s (D O r-r QJ D % r-r CD Ln O CD Q _0 O-0 -6 rt CAD cn '0 Q r n' CT rnt O aJ 07 O O rt Q -,O O -Lo :3 D (n La r-r (D p F-r, w 0 Q CD Ln (n J cn O ~ CD - -0 07 Cn CD O' CD -s CD Ln n' o COD n r-t- (D 3 r=11 LA (D Lo O CD O O O E rr O_ CD O c Q O CD U-)_ O D. m PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT September 22, 2005 Case No. WA-05-18: An application filed by the Michael Pusateri for approval of an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool on property zoned Residential-One (R-1) and located at 3201 Nelson Street (Please print) Name Address pposed k/ 4~~ ~~0/ A/ (C /sow POSTING CERTIFICATION CASE NO. ~ - o 5' Z~ LANK COMM 1 CITY COUNCIL Ajj;OARD OF ADJUSTMENT Circle One) HEA G DATE: © q - 'I Z - b~ (n a -m e)_ residing at (address) as the applicant. for Case No. A `b , hereby certify that I have posted the Notice of Public Hearing at 1Jd fk.jn( f LIB/ f fpb w (location) on this ZZ day of sWr1A1 x 2064:~Iand 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 IN"'1~ t e:%0ann1ngftnns%pos0ngcert Rev, U7103 A J ~17- CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT °Otoaa°° TO: Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME: WA-05-18/Pusateri DATE OF MEETING: September 16, 2005 ACTION REQUESTED: Approval of an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool on property zoned Residential One (R-1). LOCATION OF REQUEST: 3201 Nelson Street APPLICANT (S): Michael Pusateri OWNER (S): Michael Pusateri APPROXIMATE AREA: 13,116 (.30 acres) PRESENT ZONING: Residential One (R-1) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map co Subject Parcel Y 32ND PLACE N O R m R M I- co 3335 N z O m Cl) J Cl) UJ N Z- N N tn! 1 M o r CITY OF LAKEWOOD Board of Adjustment I Case WA-05-18/Pusateri 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 3201 Nelson Street. The property has Residential-One (R-1) zoning. The applicant, Michael Pusateri, is requesting this variance as the property owner. The request is for approval of an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool ~1Cefteett The swimming pool is proposed to be 576 square feet in size (16' X 36') Ft1 ___e Pf Swimming pools are considered structures and therefore subject to setback requirements. The setback requirement is applicable regardless of whether or not the swimming pool is above ground or in ground. Staff has understood the request to be for an in ground pool. In the R-1 zone district, the rear yard setback requirement is 15 feet, the side yard setback requirement is 5 feet, and the front yard setback from Nelson Street is 30 feet. As this is a corner lot, there is also a 30 foot setback requirement from 32nd Avenue. There do not appear to be options for alternative placement for a swimming pool of this size on this property without the need for a variance or variances. A letter in support of the variance request has been received by a property owner in the vicinity of the request bi etter of-_ tlp Orm This individual is also a representative for the Applewood Reserve Homeowner's Association for which the subject property is within. All other development standards have been met with this request. II. SITE PLAN The property is approximately 13,116 square feet, or .30 acres. The property measures 86 feet wide with a depth of 140 feet ~ N Wd . The area surrounding the property in question consists entirely of single family residential property. To the south across 32nd Avenue is the City of Lakewood. Staff did not find any comparable variances in the immediate vicinity of this request. IV, VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the request is denied, the property may still receive a reasonable return in use. The property may still be used as a single family residence without the need for any variances. 2. If the variance were granted, would it alter the essential character of the locality? The request will have a minimal effect on the essential character of the locality. Staff has understood the request to be for an in ground pool. An above ground pool may however have an effect on the essential character of the locality as none were observed in the vicinity of the subject property. Board or Adjustment Case WA•05.18/Pwateri 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 conditions related to physical surrounding, shape or topography of the subject property that render any portion unbuildable. 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 swimming pool in this location. There are however, limited options for placement of a swimming pool of the size proposed without the need for a variance or variances. The property is also a corner lot, therefore more stringent setback requirements apply. 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 will not be a decrease in the supply of light and air to adjacent property if the swimming pool is in ground as understood by staff. The request would not substantially increase the congestion in public streets, increase the danger of fire or endanger the public safety. Property values within the neighborhood should not be impacted as a result of this request. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request would not result in a substantial benefit or contribution to the neighborhood distinguished from an individual benefit on the part of the applicant. The request would not result in a reasonable accommodation of a person with disabilities. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to these requests that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. The request will have a minimal effect on the essential character of the locality. 2. There are very limited options for placement of a swimming pool of the size proposed without the need for a variance or variances. The property is a corner lot, and thus subject to more stringent setback requirements. 3. The intent of the classification of swimming pools as structures subject to setback requirements is more applicable to above ground pools. The applicant is proposing an in ground pool. With the following conditions: 1. The pool shall be an in ground pool and may not be an above ground pool. Board of Adjustment 3 Case WA-05-MI'usateri Olitbae[ Vngateri 3201,Oeigun Otreet Iljeat Ribge, QC® 80033 (303) 232-3986 August 31, 2005 Via Hand Delivery Community Development Department 7500 West 29w Avenue Wheat Ridge, CO 80033 RE: Letter of Request To Whom It May Concern: I am requesting a variance of the west easement of my property. The reason is to install a 16' wide by 36' long swimming pool. The pool will encroach into the easement 8' feet. The north and south easements will not be encroached. I do not feel the addition of the pool would be detrimental to the adjacent property or neighborhood. Also, I have the approval of the Homeowners' Association (See Attached). Thank you for your consideration in this matter. Sincerely, Michael Pusateri EXHIBIT I ~mm PRIVACY I / //0 N x"o~91 7°ad ~JNIWUIMS ' f I BRICK ' i DECK I~ ' I r I f H l ROW OF (o f I Z I CIA @ BLUE SPRUCE 30'-0" DRivE 1 - ~-m '7 t SETBdCK • I ' ~ 9EiHG.Cx ' ~ - . ~ _ ~ I - tiEDGE SoREEN I ~I I GROUND COvER e \ I 600-7YP. ?s i i REEK i i LG DECIDuou8 TREE i•''~'2" MIN CALIPER) -r NEySQTv DECIDu0u8 'BEES 0 FL ,4N EXHIBIT 2 August 30, 2005 To Whom It May Concern, As a resident of the Applewood Reserve community, and overseer of the maintenance of it's common areas, I write this letter in support of Zeke Pusateri's application to install a pool in his backyard. Mr. Pusatari has been gracious enough over the past three years to allow his water to be shared to irrigate the commons area of Applewood Reserve, the community in which he resides. In addition, he lends a hand when maintenance is required and he keeps his own residence in immaculate condition. Zeke Pusateri contributes a great deal to his community and I hope you will look favorably upon his application. Sincerely, Dewey Bridge 3271 Oak St. Wheat Ridge, CO. 80033 303-234-9585 EXHIBIT 3 co m rn N J LL C 53 Z v W=o W m N C f0 'mcoor, rn co J po w I ~aI ~ C ~ o•o~ bl \ Q 11 Z 6 M a y y o-oE ~ J' ~ Z ~ Q S z . w 2 D 1tv'a W ASN -=k 1~11ln .511 82tCbC w~l LL. • ~ 1~'<f acv 2. ~ ' 1`~"~ 0 ~ u 0 a N c n 3 3 a U W Z O O O LL. 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J w J w m W 2 -y 9 LL -NLLh>H i-H LU o, r: a w 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 September 22, 2005, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WA-05-17: An application filed by Jerry Roach for approval of a partial waiver of Section 26-502 (Landscaping Requirements) for property zoned Restricted- Commercial (RC) and located at 7331 West 44`h Avenue. Case No. WA-05-18: An application filed by the Michael Pusateri for approval of an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool on property zoned Residential-One (R-1) and located at 3201 Nelson Street. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To be published: Wheat Ridge Transcript Date: September 8, 2005 vA-q MetroScan / Jefferson (CO) • Owner :City Of Lakewood Parcel :048256 Site :3161 Oak St Lakewood 80215 7004 2890 0001 6396 6698 Mail :445 S Allison Pkwy Lakewood Cc 80226 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:2.25 TotRm: YB:1969 Pool: B1dgSF:2,562 Ac:.34 : MetroScan / Jefferson (CO) • Owner :Evans Thomas S Parcel :048807 Site :3232 Nelson St Wheat Ridge 80033 Yfaror] :08/17/1984 Mail :3232 Nelson St Wheat Ridge Co 80033 7004 2890 0001 6396 6704 Use :1112 Res,Improved Land Bedrm:3 Bath:2.50 TotRm: YB:1957 Pool: B1dgSF:2,053 Ac:.29 * : MetroScan / Jefferson (CO) • Owner :Brown Sidney P Parcel :049255 Site :3212 Nelson St Wheat Ridge 80033 Xfered :09/2£t/iaciz mail :3212 Nelson St Wheat Ridge Co 80033 7004 2890 0001 6396 6711 Use :1112 Res,Improved Land Bedrm:5 Bath:2.50 TotRm: YB:1961 Pool: B1dgSF:1,324 Ac:.03 MetroScan / Jefferson (CO) : Owner :Schneringer Raymond F Parcel :074424 Site :10667 W 31st Pl Lakewood 80215 Xfered :09/29/1972 Mail :10667 W 31st P1 Lakewood Co 80215 7004 2890 0001 6396 6728 Use :1112 Res,Improved Land Bedrm:3 Bath:1.75 TotRm: Y9:1969 Pool: B1dgSF:1,851 Ac: * • MetroScan / Jefferson (CO) • Owner :Buckley June M Parcel :074579 Site :3150 Oak St Lakewood 80215 Mail :3150 Oak St Lakewood Cc 80215 7004 2890 0001 6396 6735 Use :1112 Res,Improved Land - one Bedrm:4 Bath:2.50 TotRm: YB:1969 Pool: B1dgSF:2,139 Ac:.43 • MetroScan / Jefferson (CO) • Owner :Blecker Michael B Parcel :423206 Site :3241 Nelson St Wheat Ridge 80033 VL7p04 2890 0001 6396 6742 Mail :3241 Nelson St Wheat Ridge Co 80033 Use :1112 Res,Improved Land one Bedrm:2 Bath:2.50 TotRm: YB:1999 Pool: B1dgSF:2,335 Ac:.32 * MetroScan / fez n (CO) • Owner :Pusateri Michael / t Parcel :423207 Site :3201 Nelson St Wheat Ridge 80033 7pp4 2890 0001 6396 6759 Mail :3201 Nelson St Wheat Ridge Co 800 3 Use :1112 Res,Improved Land Phone :303-232-3986 Bedrm:3 Bath:3.00 TotRm: Y ~99 Pool: B1dgSF:2,486 Ac:.30 * MetroScan Je'fferson (CO) Owner :Schultz Eric R Parcel :423208 Site :3210 Oak St Wheat Ridge 80033 Xfered :01/25/1999 Mail :3210 Oak St Wheat Ridge Co 80033 Pricy •sai onn 1.11, Use :1112 Res, Improved Land 7004 2890 0001 6396 6766 Bedrm:4 Bath:3.00 TotRm: YB:2000 Pool: c:. 4 MetroScan / Jefferson (CO) • Owner :Smith Kevin C Parcel :423209 Site :3230 Oak St Wheat Ridge 80033 7pp4 2890 0001 6396 6773 Mail :3230 Oak St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm:4 Bath:3.00 , TotRm: YB:1998 Pool: B1dgSF:2,729 Ac:.28 t. &~A) 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 September 8, 2005 Dear Property Owner: This is to inform you of Case No. WA-05-18 which is a request for approval of an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool on property zoned Residential-One (R-1) and located at 3201 Nelson 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 September 22, 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-00 1\user \kfield\Kathy\BOA\pubnotice\2005\wa0518.wpd City Of Lakewood Thomas Evans & Monica Evans Sidney Brown & Barbara Brown 445 S Allison Pkwy 3232 Nelson St 3212 Nelson St Lakewood, CO 80226 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Raymond Schneringer & M Schneringer 10667 W 31st PI Lakewood, CO 80215 June Buckley 3150 Oak St Lakewood, CO 80215 Michael Blecker 3241 Nelson St Wheat Ridge, CO 80033 Michael Pusateri Eric Schultz & Pamela Schultz Kevin Smith & Claudia Smith 3201 Nelson St 3210 Oak St 3230 Oak St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 * Search Parameters * Jefferson (CO) * 9/6/2005 * 10:22 AM Parcel Number ...9 39 281 21 002 39 281 21 003 39 281 21 004 39 281 21 005 39 281 18 001 39 281 18 002 39 284 05 001 39 284 03 037 39 284 03 038 09-030 17-020 U~ N IQ 17-021 91 18-004 231.76' 121.50' 19 ! 18-011 - 107.53') m w 6 ~ 09-029 ^ti 0 m 18 003 N 21-006 0 21-001 ;I 1a100' ! 130.83' 0 18- 09-028 I (14100') ! P. w ° o I m w 98-002 21-005 21-002 i (118 14 09-022 09 02 21-004 L- 18-001 18- A . 9-02 w 21-003 o 140.79' (11 154.71' 4 I - 1 1 UN-U2 I l/ s 05-001 LAKE OO I L~ r I 21-004 21-003 00-001 00-002 00-003 00-004 00-005 00-006 02-044 18-001 05-001 j j N 03-038 03-0370 603-036 m 0 l 0 I i ( • I s ' m I 120 00' (85001) 85 00' 9 0 05-002 i 0 0 j (I 31.3Q Di--- xi Ni N (2 c 05-003 ! ° 04-017 0 All 04-001 Z 0 (131.301) I ~ (111.01' ~ 73 S I (13.30' 05-004 o (131 50' ! m o o 04-016 31.50 / i ' 04 . I j (110.00' Y ~8' rn O 05-005 n j o o rn 07') 1 ~ rn ~ 04-015 v . (13 1 2 4- 2 5 55 6 A ,1 1 10 6 ?A. ^ry I W 05-006 \ 04-014 ~ g O y~ z~ o b sD `ryL' , `ryti i \ 04013 04-011 I ~o ~ 90 `L~ 6 . \ 6 ` J 2, ^op L 05-007 ~ 04- 012 SS , i 02-045 ; 05-008 . 129' i 104.51') \ i 0 .5 w. 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) Zip Phone Fax Owner W%.c c-e,\ Address a Qo\ ~1&SOV'N S e2~ Phone bj1Ija 3`t%(0 City 9.& cze State LQ Zip 4S0t733 Fax~n a3^► • tall Contact Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 320\ Ne\~r,. , l ~1.o«~r Q ~c~ e-. C U ~C~~~ 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 I,Variance/Waiver (from Section ) ❑ Other: Detailed description of request: ~ p,-' Required information: Assessors Parcel Number: 4,gp3a%1-Q ICX~ Size of Lot (acres or square footage): Current Zoning: '7. Proposed Zoning: Current Use: ? zsc~vv.ea\ 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 frorp,*&:9wner which approved of this action on his behalf. Signature o ' - r7NATALIE ELTONan sworn tome this-~ day of TARY PUBLIC STATE OF COLORADO J Notary 'Public My no Expires 05/12/2p07 My commission expires psl ka t 'app'l To be filled out by staff: v Date received ~f ~/L6 Fee ecetpt No.GV~7Sl Case No. Comp Plan Desig. Zoning Quarter Section M - Related Case No. Pre-App Mtg. Date Case Manager FROM (TUB1,7: 23 0 % `14:44/ST. 14: 34/N0. 4862132319 P 16 4 ' i t When recorded,ina°1to: a. t 5(~ LONG BEACH MORTGAGE COMP i4y y , P.O. BOX 201085 , 4 ) STOCKTON, CA 95202 n; Loan No. 4587390-30833 ° lsl,,,,a Above This Line F4 Fec-rding Data) 3I E1:►. Off'` °r1PLU$'I 23. 2002 among THIS USED OF TRUST ("$ecuriry Ynsttument) is made vu July the grantor, MICHAEL PUSATERI ("Borrower"), t ou+rty ("Trustee"), and the beneficiary, JEFFETtSOld the Public Trustee of LONG'3AACH MORtr,AUT COUPON' t and whose which is orgaoizod and relating uuderahe laWS Of the State of pela, tV + OI ANGF, CA 92868 rinci sum of address iscltt)0 TOWN & COUN t'RY RO(l, ("Lender"). Borrower owes lender die p P Four Hundred Eight Thousand and no/100 Dollars(U.S- $ 408,000.00 This debt is evidenced by Borrower" A4SE ^dated the state date as flsis Security Instrument ("Note"). which provides for monthly payments, gLll ti le lull , Beif ' not Lts paid earlier, due aztd payable he itnent secures to Lender: (a) the of the August 203 Thts' Secuxity 1 laote, with in;ere.&t w.d all rer w'ala, extensions and modifications repayment of the debt evidenced by EhF qtly ante ands pzragraph 7 to Protect the security of this :sums; .rids entra 1t; r under this Security Instrument Note, (b) the payment Of At other Security Instrument and (c) the p3rtg"-Ip'dn6e of )lottt,we7's rev +.A a rd imreements r . COLOItADO•SinelG Family-FNMdUFtIt,MC taNit•ORtuR,fiJSTQ` (WR(GO)(9707) ~A3taanfti5191 I 1 n ' ~uIIIIII ~I'~III IIIIII III ~~IIIII Page VMP MORTGAGE FOaMa-(400)521!9201 11 TDC01(03/29/01) L11 - n 1~ t S Sis FROM ' E ~f 41~ l and the Note For this purpose, Borrbvjer, m consld tr and conveysto Trustee, in trust; with powar _ . ` ...+.,+n1c AT%7)RPSSES AT APPLEWr which has thg addreas of 3241 NELSQN E'rW Colorado 80033 , y TOGE`tHER WITH all. that. improveineul appurteoanc6s, and futures now br herrafter a covered by this Security hlstrument All of'tit"i BORROWER COVENANTS "that Borrowe grant and convey the property. gd' that the Piol warrants and will defend generally :the title;; encumbrances of record. n ' THIS:SECURrfY INSTRUMENT coinUl with limited variations by juAsdretltfn to conidi UNIFORM COVENANTS; Bbr owerand 1. payment of Principal and Merest; 1 due the principal of and interest on'' the del)t el the Note.. 2, %n ds for Taxes and itsurance' SubJ ay to Lender on the day moAtltly pantt or: (a) yearly taxes and asaeasrtlentt'wll~rk mal (b) yearly leasehold payments or=gronnd'rO premiums ; (d) yearly flood losurimcc pry miuw sums payable by Borrower to Lgnde> Ln hese ite is, -A mortgage insurance premiums. t Funds in an amount not to,excee3 the maxi fgd for Borrower+s escrow accOtmt`uuder, the, time to time, 12 U.S.C. Section, 6Q1 et,req_ amount.:If so, Lender may., it a ;thme,'colfet may estimate the amount of Futids duo pu the Eserow trams or otberwise,in acgiiTdance with Thd.. Funds shall be held in an tgsututic entity (inuluding Lender, if Lenrl ix snob ap Funds 16 m g `the escrow accoun~ r? cdfYSn9 th applicable law permits Lender to tnakg 5ticlt charge f, an tndepeadent real eatae't,I', applicabl law pravidea otherwise; Uni?st au shall not: 'be required to pay Borrower et{q however, that intefesi shall be paid. i TG1.)'i,7 9.9' 0 1~1 `44!ST. 14:34/N0, 4862132319 P 17 I „ .t vl )r t♦S,~i,t i}~ti sa of rile debt aad the trust herein created, irrevocably grants pf sale, -die;: foilor+iug described property located in FwON County, Colorado: D CD>.INTY OFJErl'> ktSON, STATE OF , ,'rtST RIDGE istreca, city] ti,f ~h l~'n A . stn (+nael~ (".prooertY ~Sa ;i ry is ;the wntmg, . g I ~hn. + ~ PNpe 3vr~ ~6RICO) (s,m( it To=(Glisau Lil 'r t . , c JA r i $ tl r i.; t ( ,t ¢ t u :r, erected. <in the property, and all moments, ry` , All replacements and additions shall also be L o in thisaW curity Instrument as the 'property.' of the estate bereby conveyed and has the right to red, except.for encumbrauccs of record. Borrower gainst all Eclaims and demands,., subject to any ants for na4ional use and non-mtiforni covenants ty instnimelit covering real property. td "agree asollcws: when aite'.Charfel~ine= and late charges due under and an}t'.pp' Y W Or to .E;witten waiver by Lender, Borrower shall rte ubur tii'8 Noce is paid in foil, a sum ("Funds") ngg.Set ity Instrument as a lien on the Property: £f ahyi (a) yearly hazard or property insurance m,4tgjge Warance premiums, if any: and (f) any ovsi~ons'.of lparagraPh 8+ in lieu of the payment of Itonis. Wermay. at any time,collect and,ho]d r fOr a federally related mortgage loan may require n)emenrprocedures Act of 1974 as amended from s another law that applies to the Funds sets a lesser i'a f amoiint'not to excrw the lesser amount. Lender ~,.n1i.TeaMllable estimates of expenditures of future uc in;tued`:by a federal agency, instrumentality' or ty l ederaT Home Loan Bank. Lender shall apply the 4er;fornhld'uig and applying the Funds, annually lets'Lender :pal's Borrower interest on the Funds and r; Lead-.t may rc4tiure Borrower to pay a one-time edby L.eiider in connection with this loan, unless aappltyable law requires interest to be paid, Lendef op, he~undS. Borrower and Lender may agree )n ~;~yall give tQ Borrower, without charge, an annual Form 3006 7191 5 Loan No. 4587390-30833 + FROM Y! I ` fi ..w3 , r I\ tit accounting of the Funds, showing c''Pnl*,l! i . , was made. Tfie Funds are pledged a3 aditl0}<a1R sue, If the Funds held by LeildeF e?kced;1un Borrower forthe excess Fun U mdasatKi held by Lender at any time is not su4tcienttd pay writing, and, to such case Barrowet shalt pad tb:,4 shall make gp'the deficiency in no rno?e than ljvcl4i Upon payment in full of ail sums,seelared b~ F any Funds held by Lender. If un-Or paragraph acquisition of sale of the Property shall apply agy; against the sums secured by,ilus Secul?tY }nS~t 3. Application of payments Unless 4p~p>icc?1 p: paragraphs land 2 shall be applied first, to any under paragraph 2; third, to incxe$t`~due: fourt]?,.tt 4. Charges; Liens. Borrowei,'shall pay all;t2, property which may attain Priority gveT;4!s, Sea Borrower shall Pay these obhgavu, s, 1..t tof, zi. ti, shall pay them on time direct to+:lic pershp' owes amounts to,•',tie paid under; 048 Pz.VV Nh1jllf l3! furn}sh to 1 ender receipts evidene. ohe payment Borrower shall promptly discharge any Tien (a) agrees:ia writing to the paynienr,of ;bt~ ob) coruesis in good faith the lied by,'.oT'dgfetid$.'! Lender's opinion operate to prevent the enforc agreement satisfactory to Leader subordntatsng It of the property is subject to, al liep;iwhtch nia Borrower a: notice idendfymg the lien BOrrOR f above within 10 days of the giving r#pyrov 5, ;zard or p3 operty fiRC` haz the property insured against loss,~by A hazards, gpcluding fl oods or tlooc+ing;,ifor wh Gil amounts ;and for the pexuirls that •ie lder r.ilPn s Borrowet;subject to Icaier aprtS~val` ? coverage,clescribed above; }ceder ray Lead in accordance with paragraph All insttrance policies and renewals hall i Leader shall have the right N hold the,;lpllcwo Lender a>1` receipts of paid premipms aitd relieV the insatarice carrier and Lander-! I slider ttiax.''n Unless Lender and Borrow er orhetwzse ;a repair of the property damaged,;if:thii v.Sf6n lessened., If the restoration) : or repair is not; insurance. proceeds shall be-applied irfie, s any excess paid to Borrower it Portowdr'aba [-ender that the insurance carrier has offeredic may use the proceeds to mlratr rlT;rESt9ri iltp not then•due. The 30-day period=Will bePy cob 14:34/NO.4862132319 P 18 v P ~h " yl q i ( ; 1 r 1 prt T 4 .lt. Yd l r 1 4 f i I 6s6 for which each debit'to the Funds this Security Instrument`. pplicable law, Lender shall account to able,law. If the amount of the Funds } ender may $o notify Borrower in Flo m up the deficiency. Borrower lr's sole discretion. Infer sball promptly refund to Borrower ;ell the property, Lenthjr, prior to the e time of acquisition or sale as a credit etlaw pLav de -111,,, isc all payments received by 1 ender ttndor f ay menr s]~aig!s d, finder the Note; second, to amounts payable printcipil dp,,,and'1' 1 10'4Y late charges due under the Note- , es, assessnienfs, ch. gesl flues and imposit}ons'itiib Itable to the Insttiiiient rand"Iei4ihold payments or grou44 rents, if any. provide Idiin paragrapl(lz 0,i if hot paid in that manner, Borrower ayrpep[.;f3orro•vGt s161, prlin?pt}y furnish to Lender all notices of r0y+er nja)txs" theses ~Yr ents, directly. Borrower shall promptly IIJ~` 14; ulitr t has'~tnDfitl Or ails Speuriry Instrument unless Borrower: aFldn C171ed l1Y t11E lien An a manner acceptable to Lender; (b) ar?lst pifoiFeanent 6f the lien in, legal proceedings which in the meal' 4 the heir qr (c) Seturas from the holder of the lien all ztett tq"Uiis SecuriFynstrut.icnt. If Lender determines that any part anam :priorgy over, this Security Instrument, Lender may glue shat} satisfy-tlte lien or.4..e due or more of the actions set forth i eshal}p the improvements now existing or hereafter erected on its ~neluded tvi the jerm 'extended coverage" and any other ;aintained in the mice tegytres msurdnce1 This insurance shall be ni The tpsy ~Iiee.carriei r viding the insurance shall be chosen by 13at1 40% beroltnr a3ottably wttbhcld. If Borrower fails to maintain f S npYton,~pbta3n C9YA_g0- t6 protect Lender's rights in the Property a r ! : ~ w~ ~ , l.. aecoptabla [o ieudex and-;hall include a standard mortgage clause, rcoa}s If T elder requites, Borrower shall.protnptly give 10 d" ndttcles In the,ei%ent of ~qss, Borrower shall give prompt uotice to tke pre0f,of lossc[if- qj ln,.tle.promptly by Borrowei'- t {a>In u itfng, msprnce l.rbn ecds shall be applied to restoration or ion;ot repair is, eeptiomtcally feasible and LendeT7S be lessened the GonoIItically feasible.or:ixlnder's security would secured by this 8eJ dnty.instrument, whether or not then due, with dons t{te :property; or does 'not+answer within 30 days a notice from ptrtle d laiiztt then ',ender. 14y collect the insurance proceeds, tender teeny orf ut pay stum~,si"red by this security Instrument, whether or ~k ^ot5ce is gtvtt,`' l - , ®-611( 0) (sror) T0003 (MAW) LH d • r , a IV\~•5 rr,°t ~ 1 x r ~ 2* 1 3F f 1't•1 1 t 1 i r C k~fi{~~ kt istR.t f, y. 101W Pem+3006 "at Loan No. 4587390-30833 al t , FROM (SUE)` r >t t , I r~.crtl t} , , F1i t 1 - t Unless Lender and Borrower orlierivtse+pgte~ in attend or postpone the due date of ue,montbly pajRtets the payments j if under parag} Vh 21: 411 and proceeds resulting from damages Idle pt9P7 PT;Pi 1° sums secured RpY Secunty;L sttutr. top.. a` 3 Pnpz ,S 6. Occupancy, Preservltlon :1VateAance 3md liotki ,;PstabltFh; and us@ thro; Leaseholds, 'Borrower shall OCCUPY days after die, execution of this S=ri ity.InsutunenL*, PA ,aftet.tlbe dots ~f oc4iiRancYt.tu residence for at least one Year shall not be :;„unreasonably witbhel4„i or unles. tiui[ejtualrng sit Borrower shall not destroy, damage qr imp'am.the'Froperiy a Property. Borrower shall be mldefault if any f0ifei;0'c 29i'ri in Lender's :good faith judgment could .resin ip; ft~rfciit[e'' created by this Security Iris trumenV r lender b krunty rgte provided in paragraph 18, by rauuxg the actaorr.or prot edi faith detera}'xnation, precludes forfeiture of the'Borrawt7.n lien creatcd;by this Security 1uiStitlinenla4r L nde's ufi3 during the loan application process: gave mattrlally take+oi to provide Lender.with anywa~ertcl,-utf(lrtanUon)rtnycwxtc not limitea'co: representations cgtteerittugtl3orcttlteY,s psC Security luuirument is. on 'a leasehi??d, BofrotwveX sh~kl; cp acquires fee title To the Property, tha lease"old r all tht fecal writing. t" l 7 prgtecdon of Lenderts Rights m the Ptnpet y contained in this Security Instrtrnient, or there is alegal prb pro ,erry,.(such as a proceedmgin bankruptcy{ probate,; regularions)t then Lender may d6,and pay for,Whatever }@'i rights in the Property. Lender s,astions citay tt elvJig pay; Security Instrument, appeanng in cnurt,_PayiAgireaso at repairs. Although Lender may take actioh.ruid" tills P.ucgt Any,=Ounts disbursed by`kAnder undcp;.dliIV1mgip this Security, instrument. Wess. l OrrowEX aal 'L' ltd° interest from the date of da°hurso^stc at tilt flofq ra;e« BoTTOwe ',requesting Payment f is r t t w o 8. Mortgage Iasttrap ¢ if:3xnder kpgo~ ptsrt$ this Sce(rpty :lnstrament, 'Borrow-0 shall pay. 'thetpge~tt blXt? ulsufau t veFaSt etgizrt €i for any reason. the Mortgage, pay the premiums required to ob,ain.covrra`o sarsnartil at a cost,substantially equtvalegr, to the eost' ' Borinvie, alternate :mortgage insurer .apprrved.rb?' Ictdrr..,:lf slut available,t:Botrower shall py ko. Lendc..'each :month d s premium:peing paid by Borfowet,when the Alstlf'nce,co. use and retain these Payments :as a i0s t re~vo,m PcP1 longer be, required, at the option of i.eudet~ ,if znongf Leader requires) provided.l.y aA ivsurft zpproved by, 1 gr Pay the premiums required to, mu=),A 1 t requirement [or mortgage tasurance gads rn a*orcia4r t applicable law. t +aI'x ®.88;1001 t9707t r ; St a~ 7 r , AA i 1i + rt 'f `t. 14. i{i 4r ~ ~~'3' Q~'.Z'4 ~~~✓ST, i ` tt f , r i 14:34/NO.4862132319 P 19 y' 2 ppj6tIfo],of.: proceeds to principal shall not a in p~ragialrhs and 2 or change the amount of adgt,, Borrower's right to any insurance policies . risition shall pass to Lender to the extent of the p j Loan A Pp licationI W Dorroweel z av er',K. principal residence within sixty DI&th¢ Property as Borrower's principal ~er9{is2 agrees in writing, which consent s which are beyond Borrowers control. ty to dgtcriorate, or cortunh waste on the i aihetl'ter civil or crimirL4, is begun that ,,vtiotherwise materially impair the lien rpay cure such a default and reinstate, as ssed with a ruling that, in lender's good Spgrly or other material impairment of the 9tvc shall also be in default if Borrower, unction or statements to Lender (or failed uata evidear ced by the Note, including, but oRerly as a principal residence. if this twr`phd.isions of the lease. if Borrower ru2c U tI zs Lender agrees to the merger in ~A Y t, t L +.v-i +5 'eP li t 17t if t'1v r )perform the covenants. and agreement ,ignificantly affect Lender's rights in the u or forfeiture or to ..enforce laws or ;t ',the value of the Property and Lender's td by :a lien which hasprioriry over this end entering on the property to make ss not have to do so- : !additional debt of Borrower secured by 6q ofr payment, these anuotuns shall bear iv,.ith,interest, upon notice from Lender to c tnr}ition of making the loran secured by t; aiitptlre.mongagc insurance in effect. If, ~<aar5. to be in effect, Borrower shall atortgage insurance previously in effect, ,Hance previously jn effect, from an eot.mortgage insurance, coverage is not :v'elfth of the yearly mortgage insurance riled to be in effect. Lender will acLept, yurance, Loss reserve payments may no gg,('ta the amount and for the period that ;,available and is obtained. Borrower shall Or to provide a loss:;resetve, until the egmenc between Borrower and Lender or Form 3006 1191 Loan No. 4587390-30833 „l' FROM 09) .7,.'.,2 3 02 W,45 !8T, 14;34/N0, 48fi2132319 P 20 t , 9, Inspection. Lender or its 49611Vnidy,42r-c ?gym shali give Bvzrower notice at the fume of oX prw to :4 10. Condemnation. The prods of any award of c with any condemnation or otlt x tapiuo `af an pan :pf tl hereby assi-' A and shall be paid to f iidez i in the event of a total taking jf the AFA~e t5:;m'u 15 v, Instrument,'"whether or not thtat %lne, wtrlt Y. r,tcexs I? Properly in' which the fair marlw[valne'of the Property' amount of the sums secured by, this, Sewllry itistiitmen[ in otherwise ag'4ee in writing, the' sums seemed .by this So proceeds multiplied by the followigs`fra -lion, (a? the rota!' divided by (b) the fair market 'value of the Property itnt Borrower. In the event of a parrisl idling of the Property; before the lt3dng is less than dte;amouTAt of thb:st;ms;set Lender otherwise agree in writing sir tudess appkoabl€ la sums secured by this SeetnityInstttp?tazt[ tabethef t n,t i If theAhoperty is•abandonedby, BOP.'0WOr if> n~N to make an award or settle 1 ciatm fuu`:tla gel{. altryt+rt notice is giv n•, Lender is aushorirerl ru catlktt• antl.arp Y the property, or to the same serlired b'y'tbis %ecijrny lp [iu UDies".Lender and Borrow;] 'bthkrvwsg pY,rt" extend or piistpone the due date Of t jr ruantltlp puvmanw such paymwits. 11. Borrower Not Released';': Forbearg»we 1ii% Le modification of amortization of the surosAectired.by thi: interest of Borrower shall not. opgrate to;relw- c The lid interest. Lender shall not be requ~ed"tn coT16= : proc time for payment or otherwise roodify amanizatann`uf 6 demand made by.the original torrower, o' 13cri°owdr s so any right or remedy shall not ber. Waivor of gr'Pieclud'e, 12 Successors and tsetgnsdlaana4 J6. oir[E' h this SecuritYPWttmnent shall bind"ftisiiltenF€it:LliF.str provisions%of paragraph t B4ri©i'tet s ~ fs'"°rj l co-signs {}is Sectiriq' Insrutpe t..btlt do s na(:exL t'r#s mortgage) grant and convey th4t .90x fdtvc'r's ti~teTes4t[k is not personally obligated'to p'ay the spuna setti dr other Borrower may agree so eXTell d:;\ rmedriy,\,. forbear ,c Security. instrument or the Note` uAth6un'hat Bgrroyvar'( 13.,toan Charges. if ghe loan s ew rzt :b ; tLi$' Sea, cbarges:•and that law is fbWlYgUtcrP1 red 3o"tlta[ rt t connection with the loan exbaexhe.per rigid t?urits„ t neceacar~ to reduce the charge}to The permitted limit exceededi permitted limits, Will ,bn rc funded t+? #3x,rsow b >ataklnS a dlrX princiQa4/ oval under the Note, :per y r reduction will be treated,. a p,~iall. re raynY tzhip ttortce t otxaV+dt pi i T by g tt by flrat class mart-tit s alit a ola+up5 the Prop, try Address ot: any o(iof',~ddregsiBorott+,' given by first,class tna41 to' i;enDF s pdxess Atari ®-~t(;:0119707[ t ff + S xA~~~4:u0 t t'[1Cas (6729101) i.lt ; { It S s j ections of the Property. Lender e cause for the inspection. ,e consequential, in connection ce in lieu of condemnation, are ;,da shd?l1t,4 appbrdto 01e sums secured by this Security d'to $grdnV72i In.'the event of a partial taking of the ,siiareii b0fure the, raking is equal to or at eater than the Alately bi,foreV4 taking, unless Borrower and Lender tritY lnstrumu r sball- be reduced by the `amount of the hountaf th6sums secured immediately before the taking, diatelybetIore the taking. Any balance sball be paid to whWb the fair max;tet value of the property immediately red titimted atGly;h 'fore the taking, unless Borrower and otherwtsP-j:rot lea, the proceeds shall be applied to the sis-nstaeeltienld 'ts~l'6e by Under "r Borrower that the condemnor offers ai?s tq, m wus}tid to In'ler within 30 days after the date the f~ •either to restoration or repair of v}+elicr 'r t,titer due. 0l , n .pphr, thin of proceeds to principal shall not rsed.tt.'tniPagraplts 1 and 2 or change the amount of Nat. a4'~16arvaS Extension of the time for payment or itxtyi Iri:;:trument;grxnted by Lender to';any successor in of thti,;nrigit)ai tBotrower or Borrower's successors in gs agaitist.yany suct~.ssor in interest or. refuse to extend n5teenaied;,by,dgs Security Instrument by reason of any otg m:jr',1q' sz .Any,forbearance by Lender in exercising tent r3f.4)%nt!ht or remedy. 1A.1; i2tY4 c"isners, The covenant., and agreements of t5' a ¢assigna of Z.cnder and Borrower, subject to the gin s;. , 'rb¢ itftut and sevcraL. Any Borrower who t~~s ~a):;ks rq stgnltig.this Security Instrument only to XC1t tJ'u'"ono '4 rns of this security lnstr'ument; (b) ey mry;'Rr4tnrkt nt:, and (c) agrees that Lender and any to ;rcortitnidaiions with regard to the terms of this +t ' ' i{k suhjezL to a law which tZts maximum loan )gtga charges collected or ro be collected in c1t~aa ckarge shall be reduced by the amount tutn$:nlr>;ady collected from Borrower, which y choose to make this refund by reducing the ;goex'o!ver. If a refund reduces principal, the j" c pnder the Nute. ty an -unaent shall be given by delivering it or attbrt method- The notice shall be directed to punt ender. Any notice+to Lender sball be l rareraad&ess Lender designaies by notice to z is - . S \ r , 'n: IngUL•.~_~ 5 nN`~Ar'+1 ~ ~xxk+Form 3006 1197 ti f y4,;d " t f+ 's I Loan No. 4587390-30833 a31 A., :,I e 7 t 4 t it ++',t i' Leader when given as provided in this paragrdPL is. Governing Laws Sevetability'. T}tts Se law of the jiirisdichon in which the. !?toptrYy rs'ic Instrument or the Note conflicts Iwatlu-appltt able la, Instrument a?'?lue Note which cart be' given effeot v+ Security, Inslrt}ment and the Note are' declared to be 16. norrowees Copy >Iorrod'er shalt be' instrument. $enefirlr 17. Transfer of the Property or n interest in it'is sold or transferred (or if a bebefcli natural person) without Lender's prior wriven %eori of all sums tecured by this Sedunty lnstt4un ut. ,tii prohibited by federal law as :Of the date o thus Seoi If Lender exercises this optiOU,,, l etader shall period of nor less than 30 days froiniths date,rke' smsccur> d by this Security InsiPl }tent if IT Lander may,: invoke any remedr°s'•permutd by f BOrrOWeI - ~ 18 Borrower's Right to R4iits6t1 ..;f Born eoforcernentiof this Security Instruinent.diseo'ntit period as 'applicable law may specify, for romsta contained in this Security Inst. hment; or (tt) entry are that Borrower: (a) pays Lender all°;sums'whe if no acceleration had occurred; N9 cures any ,.d incurred in,enforcing this Security; Instrument ,iR such action as Lender may re4soaib1Y require to ; property and Borrower's obligatign to.palAhe,4 Upon reinstatement by B°rrowery this Security: effective as if no acceleratia•t had o;qurreQ kiow under parairVh 17• 19..$61e of Notes Change of .T.oait Servi Security instrument) may be soli bneor more:ti in the entity (known. as the rI oaniServtcer') zE Insuumentl There also may be or#e or, mots ghat change of:ithe Loan Service., >oirptiver,will'.be: above and applicable law. The:tiotica will state Which payineats should be. made. The no[tce,w 20- gazardous Substances: Bonower!slia of any Hazardous Substances on or in'.the:,Pru affecting the property that is! in 0.01 1OU Pf ajl) The presence, use, or storage: ,oa th^ Propar rpp!ol tlZed w be apprOPtiate to.norrutal,Xesicten t to have been given to Borrower or *p : , ,,;h -it iuel1,'governed by federal law and the ie ~r7t.nl,tttet ahy purvision or clause of this Security lfltc ahall`ttot;affOct'other provisions of this Security fhc}tt}iodtsiiSn. To this end the provisions of this can formed copy, of the Note and of this Security - j 1 art of the Property or any contain auy, eause or t.1e by any Severna["" v..ri,..] R 3 Enviroiiimerual Law' of which or1?tv i'R a=ti5a11moledgo or reguJatofy aithoriry,;thit auy mmov-4 or ntfiar gamedtiutblfr take"~11 nccess renttdhl.a muriyr, ,r r t necessary; Borrower shall pro Pa ~fi UF 4k, V-6n(60)IS7o7n F f l rucos(osas i)LH I r A t ~ I{ j ewer. If ail or any p wgr is sold;or transferred and Borrower is not a At xs op,tion, require immediate payment in full n shall Wt,be exercised by Lender if exercise is !Uke-. ,Aid eleration. The notice shall provide a or}ma9le w}thin which Borrower must pay all ijrso s ,t prior to the expiration of this period, ;h„*leni :fvithout further notice or demand on gn littcns'Borrower shall have the right to have flog to' the earlier of: (a) 5 days (or such other of the property, pursuant to any power of sale Ping this Security Instrument. Those conditions „under this Security Instrument and the Note as covenarit.$' or agreements; (c) pays all expenses tired to:,reasonable attorneys' fees; and (d) takes r) rhts Security Instrument, Le id~r s rights in the s.Secunty, Instrument shall continue unchanged. e' obliggtions' secured hereby shall remain fully tinstate.st}all,not apply is the case of acceleration t paet~l tnwrest in the Note (together with This mice foskorrower. A sale may result in a change payments due under the Note and this security vice . r;mrelard to a sale of the Note_ if there is a C', 9f change in accordance with paragraph 14 ess of its new Loan Services and the address [o h@r infarmanon, required by applicable law. ut the:presence, use, disposal, storage, or release ll not.dop nor allow anyone else to do, anything a,,,. The,preceding two semences,shall not apply to :,es oi:Hazardous Substances that are generally enancB ottee Property. resrigation, c}aiat, demand, lawsuit or. other action ink tho,Pso r[y and any Hazardous Substance or sPlowr aritifi; or is notified by any governmental dri `Hazardous Substance affecting the Property is s ,n rrcrattLince with Environmental Law. ,p tM' ''1 II,Ili313: Y Fomr 3008 tlflT Loan No. 4587390-30833 1. I 1 FROM As tssed.in this paragraph 20 "dla'zardoias Stthsfanoes°'ate tl.rlse;substances de`med as toxic or hazardous substances by' Environmental Law and the„following substances gasoline y Tnscnin other flammable formald toxic ehyde, petroleum products, toxic pesticides and herbicides colaule solvents tralena's ~ federal laws and laws of the and radioacuVt' materials. As used m !Ih y aragra ti 20 p°. afer or ent iroutnental Protection. jurisdiction where the Property is 1Qcated tbat'felaxe to h%31, h. s covenant id agree as follows: NONUNIFORM COVENANTS: Borrower and i.ender filrther. . 21. Acceleration; lsemedies. 'Lender shall give notice to Borrower prior to acceleration following Borrower's brrI Lt in this Security. each7 uof any nless covenant lOr Z aw p mo-l. otherwise) the notice shall specify: (a) the default;e(b)tthe under applable actinctionpara~ P required to cure the default; (c) a date, not less than 30 '3ays'frnm the date the notice is given to a Borrower, by which the default must be cured; and, (d)`that failure to cure the default on or before the date and thelright t notice may fuutnn Borrower 4 the right to r instata after a Instrument specified in the Property. o 'She notice shall tthez infoh other defense of Borrower to assert in the foreclosure proceeding ..,the iio.n-e:tistetereof a>"eDefautt e't•.uny acceleration' and sale. if the, defaOt is not d all ohms ter ary c date ta Sccue y lnhe notice, wi ender, at its option, may require oe pviy'vf nt o..full demand ann. may invoke ke the xiserts'saDn ezid'sny'ntlter retnedE+z.pt?ffiltiic d'iy :,►iplirable law. Lender shall be entitled to runect all expenses incurred in pursuing the renicinei prwvidt 1 t'i+s paragraph 21, including, but not limited to, reasonable attorneys' fees nd ceps or•tltie eevidence- _ nce of If Lender invokes the power rf sale,; Lender shall .gira w+o to y no e" to, Trustee shall mail a copy rr the note e event of default and of Lender s p&E CtIoli to ea i.g L1A s }srticp'ruty to Borrower as provided in paragraph 14. Trustee shyil;tx curd: a Copy or the .notice in the county in which the property e`' located. Trustee shall publish A TroticB.of. salz for tt;e time atnd the manner providNl by applicable law and shall mall copies of-tbe notice 4,CAde Inthe tpin!et`pr~ bed bY applicable law to Borrower and to the other' persons prescribed. by'aPPlicabli' law. After et htie requlrecl. by applicable law, Trustee, without to demand on Borrower, shall sell •tlse Pr oparcy gat pubhe,ausnon the lugli°e st bidder for cash at the time and place and under the terms eesigd'Aiv-A m-the notice ut's»le is ono, ok more parcels and in any order Trustee determines: Trustee may pobpo'ae S,` O of bi y uart.'AI drthe eYop Y by public announcement"m the time and place of any previously schadulaA sale GendP~'.Q t"s de P~ t?"aY R?+6-K' r- the Properly at any sad le. time the an the Trustee shall deliver to the ourebrser Trustie's cempfkfe disr•nt~ing the Property urchaser.will be entitled/o,T-"' d)ztl T1 C rc~ {[n true T(ss'ee ~ger1 shall be prima (acie evidence of f the statemenks 1 tad . sra. > rgtiseee npxE'o p''see(ls or the sale in the following order: (a) tphe trurl+ p to all evoswes of the sale,.1ncLndW3' but. pot . lrrxtti #4A ~ sr u8ber and att rneys' fees: (b) to all sums secured by this,Seeut►t5 Is nazi sat: ,u1si,~etr ° *9 ,o e p or. notta 1 allettt►tled to it. 22..1~elease. Upon pa)mertl 1l sn n scinr h kay tlilat4tzx)4y,!lasthurtem; Lander shall request that Trustee release; ncing.debts secured by e this. Security InsrtuMmVa,-d'•'ali k' dtt` fz~,Tx' ice"' do y e, nq I d,,;al3. notes evide or liability: Borrower this Security Instrument. Truzte4; 1%ail stleml. arts r c, C^tvsTnstrumrgt,wit r, further inquiry shallpay apy recordation coals and tbi stantto y.' Tn!sieVsi pec% e ' li a' 10r txon in the Propi rty„, 23. Waiver of Homtstf..ad.IBOnrwe waives all raght:o(dtozP 1,53 1 g7t P ; - c riders are ei6culed by Borrower and..recorded together (TUE) ' 7. 21' 02 14:474T.14:300.480132319 P 22 24. Riders to this SOMX with tbis.•Secttrity Instrarne3g, amend and supplement iht (r), ~c eaG?' trio *'der, shall be incorporated into and shall as if the rider(s) were a Part of this ,k ® Adjustable Rate Rio r 1A l:N i L-..1 a•+"vw.-..~.. i~~:"m SIll'{'~yr - l ED GrAAuated Payment';11de7 5 , as✓ n7JCnt0'ttli2i[7eF ,t11 ' 1 i °I'am ly 0 Ball m Rider i 3 ~b 1 'd " ~tktt a 'a 1+ vA7Rider y, t , A 4 1 Y3 A = ~ ' .,Vf Y l4 ^.fe 't, 'Y Y.1 V 1 fI+ 1;~ q \ ~I~ 'd• , t + !t{ ~~S fl1'j1 4(x'4 I tv I I I lip t. 01 07071 j4k.48a0 1. a yett,~ of a i V PI e 31,01)Ui 07 s l a i + , 0 ` a TDC { ~M1 +V Ot i4I.. V•1{J ~'4 S { 1 1-4 Family Rider Biweekly Payment Rider J Second Horne Rider RRIi 9' .4 Form 3006 11517 Loan No. 4587390-30833 f 111 ~ ,t a~ 1 , .xyw ,r : NOTES Structure: An assembly of materials forming a construction for occupancy and including among others, buildings, stadiums, tents, reviewing stands, platforms, stagings, observation towers, radio and television towers, water tanks, and wading M, , retaining walls, open sheds, coal bins, shelters, fences, display signs. This definition shall not include utilities. A tank of water either above or below grade level in which the depth of water exceeds two 2 feet in depth and which the express purpose of the tank is for 1. 6jMVMMj=1P9 C~LYiYit~i~ shall not include wading ® under two (2) feet in depth, fish ponds, hot tubs or other similar items. G. Recreational fences: 1. Open fences (over eighty (80) percent open) may be constructed to a height not to exceed ten (10) feet for the uses listed below. Such fences shall conform to all setback requirements for structures in this district: Recreational uses: a. Tennis courts. b. Volle . C. inc.. d. Golf driving ranges. e. Goals and backstops. I. Other similar uses. 2. r r shall be enclosed by a six-foot fence, with all gates being self- locking and closed and kept locked when the r r is not in use. In situations where the six-foot fence requirement exceeds other fence height requirements, except for sight distance requirements, the higher requirement shall control. Sec. 26-205. Residential-One District (R-1). A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential character. B. Development standards: TABLE INSET: Maximum Mi i Mi i Minimum F Minimum Sid Minimum R Maximum Building n mum n mum ront e ear Lot Lot and and and Height Coverage Area Width Setback Setback Setback (a) (a) sf 12,500 One-family dwelling 5' 5%, 100' 0' (b) 15' 15' 12,500 sf Group home 5' 5% 100' 0' (b) 15' 15' Accessory buildings (e) 12,500 sf Detached garage or carport 15' 1,000 sf 100' 0' (b) 15' 15' 12,500 sf Private storage shed 10' 00 sf 100' 0' 15' (c) 15' (c) Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and 5' 5% 1 acre 00' 0' 15' (d) 0' congregate care homes 12,500 at II other uses 5' 5% 100' 30'(b) 5'(c) 15' Notes: (a) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures. (b) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (c) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and at least thirty (30) feet from a residence on an adjacent parcel. (d) Fifteen-foot setback for the first story and five (5) feet for each additional story. (e) Metal accessory buildings over 120 square feet in size are not permitted. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 1, 10-27-03) Accessory Uses For Residential Districts Notes Bee keeping See § 26-603 and 607 Ancillary uses operating within a church's primary structure g.: Day care centers, scout meetings Home occupations See § 26-613 Accessory buildings See § 26-123; 605 (excludes keeping of swine); 606. Accessory buildings shall not be located on a vacant lot devoid of any primary or main building Household pets, limited to no more than 3 dogs and 4 Plus their unweaned offspring ats Private mm and tennis courts and other recreational facilities See § 26-603 Public and private communications towers, television or For satellite earth receiving stations, see § 26-616 and § 26-617 radio antennas Public utility lines and poles, irrigation channels, storm drainage and water supply facilities Rooming and/or boarding of not more than 2 persons On a contract basis for not less than 7 days Water towers or aboveground reservoirs Not in excess of 35 feet k i k ~ .f' } s „ t i Y k 9..e...,,.q,,.,,h,,,,,,~ -~-~--k..~~. ~ ~ ; q ~ f M1 3 t ~,2 ~ i t X i t i A A t { 1 i 5 i r ~ i c J ~ k J wP t r" ~ Y o . . it i ~e t r ~ 1 ~ ~¢t ! ; { B r 1 R _ E A i a y ~x 7t F 3 4 d p'~ 4 } z t 3 } t r ~ G 5 t :k r ~ . 't ! ' l t` ~!?OW 9 9 -2 f ~ A ~ -wtaF, k S s. 1, ~SIY.N -a~ +am+, ~ rz F 1 i, 9. ~G. k z t i y o tt~ 9~ ~ ~ i ~g P ~ ~ ' °s i ~ i t " 1 IMk ~ [ i f { f , j r' T t 1 r _ i n i fr i 3 4 3 t ~M~.nwy~ r '°a'F"'~yry f wa~n~ ! i s x 9 i i' ~ ~ c r' _ t t~ j f k F f i t t r ~ I s ` ~ t ] ` Ay ~ } f i . A . j, ~ I ~ ...j j t _ _ . _ ~ f ~ t . z a- ~ ~ t S r,y . , i _ ~ . i E r ri r f j t - ~ ` _ _ ~ _ . ~ ~ _ - k w f Y _ ' + _ Z. f' t r` f 2 i `r.- ` i i 5 1 5 f 3 3 y~ {x 8 (R i 1 { T } X 3 s 4 ; r ~ e ~A ~K. --x f,~___. i . M } s Q 6 r - r' iv ~ r, y ~ ~ ~ t s ' r- ~ _ ~ ~ p x. . . ` ~c p i ~ 09 2 3 i 4R - L i ~ ~ d .f ~ § ~ a . _ ~ _)t n ~w ?p; 32: "y7 y F S ~ _ _ ~ ~ ; Y _ - ~ _ ~ ~.ey ~ _ ~ f Y d ~ t. s ; #F: qq~~ 4 f ~ pp' y w. i F.~ ~ a ~ 2 =F, i g r ~ ~ , ~i x. ~ F i. su` F { _ y - . ~ x~.. _ ~ z h 5 1 - ^ _ $K j~y.i 7a r i ~ ~ 5 ~ i r g _ ~ a - _ { - ~ e { ~ ~ ~ - _ ~ ~~-.,,.....z _ . ,.-.....,w...,,_-.~ j p}k45 ~',C N~, a 3 < a.: ' r v t i . s...,.w .,,.,J b . n ; i f ~ , r' i x & v l3 i j x'" ~ u Y t~ f. ~ $ ,yaw z z ~ ~ S - _ 1 2t`: 4 a. rt T~~ ~ t 6 k? ~ i ~ ~ E L r ~'1 s { j 6 p~ m .r~ ~~k ~ # > r' r ~'e. s 7= ~ ~ r I d v t,. . 1 ' $ ~ 7 * y S 3 ~ ' q,. n,,,,,,,,,,,,,,~,..-.~..,,,~„ S 1 tI 1 6 j { ~ i 4 e s { i p~ a II A S f i s i ~ 'h yx ~ F d~' x 7 ~ a Z "3 pp'~ L G .c~ Y !i ~ .~i. 5 S ~ f 4 t F q i 3 3 } h t 3 a` v4: t i ~ ~ s s P $ gf~ S F d I i 3 9 1 > S j 1 t } s ~ i } A t 7 z X ~'t 3 7 .j 4 3 1 _ ` 1 s` t i t E  } 2 r ! I F 4 j 4 k S #@ R ~ a+es 2 ~ t P t 1 e' IOWA% € 4 FI i D } ~ ~ i ~n •i ~ 4 1 m - ~:F-:: xr ~ ~.,s. ~ . k, ~ u'~ Case No.: A0518 Quarter Section Map No.: NE28 App: Last Name: Pusateri Related Cases: App: First Name: Michael E - Case History: ft rear yard setback _ ariance for a swimming Owner: Last Name: ame pool . Owner: First Name: _ App Address: 5201 Nelson St. Review Body: BOA: 9/22/05 L_ ..--..-5 City, State Zip: _ heat Rldge, CO 80033 APN: 9-281-21-003 App: Phone: 03-232.3986 _ _ Owner Address: ame - ! 2nd Review Body: City/State/Zip; 2nd Review Date: Owner Phone: Decision-making Body: FBOA: 9/22/05__ Project Address: _201 Approval/Denial Date: Street Name: Nelson Street__ - City/State, Zip: _ heat RldgeCO 80033 Reso/Ordinance No.: Case Disposition: Conditions of Approval: Project Planner: Hirt File Location: Active Notes: Follow-Up: District: Inn ___j Date Received: 0/1/2005.....___ Pre-App Date: _TTY OF WHEAT RIDGE 09.107/05 AN m, i,TCHAEL. FUGATERL REGETRT td!?^ 7'Ca17R A.NOUNT FNSE, =UNINC AP'FLICA.TTUN F :Yl/ V0 70NE 1=1115D ZONING REIMBURSEMENT 90= V-0 =RKH F'AY 1Et4I REi;ET!;Er, ANOLIN'P Cr -30, Vn TOTAL 39V,9V