HomeMy WebLinkAboutWA-08-08City of
WheatRijdge
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 9650 West 44`x'
Avenue, referenced as Case No. WA-08-08/Lynch; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified adjacent property
owners pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a variance of up to one (1) foot six (6) inches to the
maximum six (6) foot fence height requirement resulting in up to a seven (7) foot six (6) inch solid
fence (Case No. WA-08-08) is granted for the property located at 9650 West 40 Avenue, as
described, based on the following findings of fact:
1. The request would not alter the essential character of the locality.
2. There are unique conditions related to topography that render a hardship on the property
relative to fence height standards.
3. The applicant has not created their own hardship by requesting the variance.
4. The request would not be detrimental to public welfare and would not be injurious to
neighboring property or improvements.
5. Granting of the variance would allow for the applicant to make repairs to an existing
fence that is in disrepair.
6. There have been no protests submitted during the ten-day public notification period.
H-10 Date
w~ea>qo
CITY OF WHEAT RIDGE
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PLANNING DIVISION STAFF REPORT
O~ORA0
TO:
Case File CASE MANAGER: Jeff Hirt
CASE NO. & NAME:
WA-08-08/Lynch DATE: November 5, 2008
ACTION REQUESTED:
Approval of a variance of up to I foot 6 inches to the 6 foot maximum fence requirement
resulting in up to a 7 foot 6 inch fence on property zoned Commercial One (C-1) and located at
9650 West 44" Avenue.
LOCATION OF REQUEST
: 9650 West 44 h Avenue
APPLICANT (S):
Daniel Lynch
OWNER (S):
City of Wheat Ridge
APPROXIMATE AREA:
26,250 square feet (.6 acres)
PRESENT ZONING:
Commercial One (C-1)
PRESENT LAND USE:
Professional office
ENTER INTO RECORD:
(X) CASE FILE & PACK
ET MATERIALS
(X) ZONING ORDINANCE
Location
JURISDICTION:
All notification and posting requirements have been met; therefore, an administrative decision may be made on
this request.
1. REQUEST
The applicant is requesting approval of up to a 1 foot 6 inch variance to the 6 foot maximum fence height
requirement resulting in a 7 foot 6 inch high fence. (Exhibit , Letter of Request). The purpose of the variance
is to allow the reconstruction of an existing 7 foot 6 inch high fence that is in disrepair.
II. CASE ANALYSIS
Daniel Lynch is requesting this variance with the approval of the property owner, Eric Boivin (Exhibit 2, Letter
of Approval). Daniel Lynch is the property owner for 4371 Hoyt Court and Eric Boivin is the property owner
for 9650 West 44th Avenue. The fence has been serving and is intended to primarily serve the property located
at 4371 Hoyt Court, immediately south of 9650 West 44`h Avenue. However, an Improvement Location
Certificate (ILC) conducted by the property owner for 4371 Hoyt Court revealed that the existing fence is
located on the adjacent property, 9650 West 44th Avenue (Exhibit 3, ILC)(Exhbit 4, Aerial). The north
property located at 9650 West 44a' Avenue is zoned Commercial One (C-1), and the south property located at
4371 Hoyt Court is zoned Residential Three (R-3). The north property currently has an office use, and the
south property is a multi-family residential use.
Per Section 26-603.A of the Code of Laws, no fence may be above the height of 6 feet in a side or rear yard.
With the ILC indicating that the fence is on the adjacent property, the fence technically is on the rear property
line of 9650 West 44`h Avenue, thus the maximum fence height of 6 feet is applicable.
Case History
The original construction date of the fence is not known. There are no records of the construction of the fence
in the City's building permit files, and the current owner(s) is not aware of the date of construction. The
applicant wishes to repair the existing fence. The need for the fence to be repaired is the result of the removal
of a row of vegetation on the north side of the fence in the spring of 2008. The removal of the trees and the
mound of soil that were in place caused the subject fence to collapse according to the applicant (see Exhibit 1,
Letter of Request).
There is a grade change between the two properties as well that has implications on the measurement of the
height of the fence. The south property (4371 Hoyt Court) sits approximately I foot above the north property
(9650 West 44"' Avenue) along much of the existing fence (Exhibi£51 Sitehatographs. Per Section 26-603.I
of the Code of Laws fence height is measured from finished grade, 5 feet inside of the property which it
belongs. As it was determined that the fence sits on the property to the north, and the previously adjacent
mound of soil has been removed, the maximum height of the fence currently is at 7'6" according to the
applicant (see Exhibit 1, Letter of Request). This height is only achieved for a small portion of the
approximately 170 foot length of the subject fence. This measurement was confirmed with a field verification
as well.
As the applicant began making repairs to the fence, a citation for a code violation was issued for making
alterations to the fence that raised its height above the maximum 6 foot height "(Exhibit Citatlori . The
applicant then stopped making repairs to the fence as he was informed a variance to fence height would be
required. The fence was repaired after it collapsed, but more repairs are needed to make it more stable. The
current policy of the Building Division is that a building permit is required for reconstruction of a fence if it is
2
over 25% of the overall area of the fence. In this case, the repairs made may be less than 25%, but the fact that
the fence collapsed and had to be reinstalled would require a building permit.
It was recommended to the applicant to remove the existing fence that is in disrepair and replace it with a new
fence that complies with current regulations. The applicant has responded that it is cost prohibitive to do this
(see Exhibit 1, Letter of Request). He wishes to repair the existing fence to continue to provide screening
between his residential property and the adjacent commercial property, allowing it to remain at its current
height.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code allows that the Director of
Community Development (Director) may grant administrative variances from the strict application of the
zoning district development standards. Administrative variances are allowed for up to 50% of the development
standard. All other development standards have been met.
VARIANCE CRITERIA
In order to authorize an administrative variance, the Director must determine that the majority of the "criteria
for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has provided their
analysis of the applications compliance with the variance criteria (Exhibit 1). Staff provides the following
review and analysis of the variance criteria.
1. The property in question would not 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 were denied, the property may still yield a reasonable return in use. The property would
still function as a multi-family residential property with a 6 foot fence rather than a 7 foot 6 inch fence.
A 6 foot fence would provide adequate screening between the two properties.
Staff finds that this criterion has not been met.
2. The variance would not alter the essential character of the locality.
The variance would not alter the essential character of the locality. The fence is existing and has been in
place for a significant period of time. Approval of the variance would allow the applicant to make
repairs to the existing fence and have it remain in its current location.
Staff finds that this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this application, which
would not be possible without the variance.
The applicant is not proposing a substantial investment in the property relative to the alternative, which
is constructing a new fence that meets applicable regulations in the code. There is some investment
proposed in repairing an existing fence to make it functional again, but the applicant has opted to not
construct a new fence.
Staff finds this criterion has not been met.
4. The particular physical surrounding, shape or topographical condition of the specific properly
involved results 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 unique conditions related to topography that render a hardship on the property relative to fence
height standards. There is a grade change between the two properties where the fence currently sits.
The south property that the fence serves sits approximately 1 foot above the north property, thus making
fence height measurements problematic.
Staff finds that this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently having an interest
in the property.
The applicant has not created their own hardship by requesting the variance. Neither of the property
owners were involved with the construction of the original fence. The property owner to the north
removed the mound of soil and vegetation which caused the fence to collapse because the vegetation
was dying (see Exhibit 1, Letter of Request). If the fence had not collapsed with the removal of this
area, no code violation would have been issued and the fence would have been able to remain in its
current state.
Staff finds that this criterion has been met.
6. The granting of the variance would not 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, substantially or permanently impairing the appropriate use or development of adjacent
property, 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 public welfare and would not be injurious to neighboring
property or improvements. It would not hinder or impair the development of the adjacent property. The
adequate supply of air and light would not be compromised as a result of this request. The request
would not increase the congestion in the streets, nor would it increase the danger of fire. The request
will most likely not have an effect on property values in the neighborhood.
Staff finds that this criterion has been met.
The unusual circumstances or conditions necessitating the variance request are present in the
neighborhood and are not unique to the property.
The conditions necessitating the variance request are generally unique to the subject properties. There is
a slight grade change between the two properties that effects the measurement of the height of the fence,
but the main catalyst for the variance request is removal of the mound of soil and vegetation adjacent to
the fence.
Staff finds that this criterion has not been met.
8. Granting of the variance would result in a reasonable accommodation of a person with disabilities.
The granting of the variance would not result in the accommodation of a person with disabilities.
4
Staff finds that this criterion has not been met.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Staff finds this criterion is not applicable as the variance request involves a fence.
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the review criteria, staff recommends approval
of the variance request. Staff has found that there are unique circumstances attributed to this request that would
warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons:
1. The request would not alter the essential character of the locality.
2. There are unique conditions related to topography that render a hardship on the property relative to
fence height standards.
3. The applicant has not created their own hardship by requesting the variance.
4. The request would not be detrimental to public welfare and would not be injurious to neighboring
property or improvements.
5. Granting of the variance would allow for the applicant to make repairs to an existing fence that is in
disrepair.
6. There have been no protests submitted during the ten-day public notification period.
iz Is A
ommunity D velop nt irec r
EXHIBIT 1: LETTER OF REQUEST
August 26, 2008
Mr. Jeff Hirt
Planner II
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80033
Attached letter of July 10, 2008 from
Ms. Kristy Shutto, Property Inspector
regarding the height of fence on the property
line between the apartment building at 4371
Hoyt Court and commercial property at 9650
West 44th Avenue
REOUFST FOR A VARIANCY-.
We are asking that the fence be allowed to remain as it has been for a
number of years at the present height. As the photographs submitted
with this request clearly show, this is a unique situation because of the
12-14" drop in grade at the property line, and the additional height is
important to provide a measure of privacy between this apartment
building and this commercial property.
Thank you for visiting the site some weeks ago to examine the fence and
verify various aspects of the situation. At that time I provided
photographs and a preliminary written summary. This letter clarifies
several points, provides the necessary documentation. and requests an
administrative variance review.
THE SITUATION:
o A stockade fence approximately 7 feet tall was erected some years
ago on the north property line of the four-unit apartment building at
4371 Hoyt Court to compensate for the drop io grade of approximately
a foot at the property line and provide additional privacy for both
apartment occupants and the owners of the commercial property on the
north side of the fence (fronting on West 44th Avenue).
o As noted above, there is a drop in grade of approximately 12" to
14" between the two properties. The apartment grade is the higher.
o The date the fence was erected is unknown. The apartment
building was built in 1.%1 and the fence may have been erected, and the
additional dirt put in place under it, shortly thereafter. I've been
unable to find any records regarding zoning or a permit for
construction of the fence. It may well have been erected prior to the
incorporation of the city of Wheat midge.
o No Permit: The fence was knocked over when dead and dying
Elm trees were removed this spring. We were not aware of the need
and did not apply for a permit to replace an existing fence under these
circumstances. . The cedar posts had deteriorated bet most every
section of the fence was fundamentally sound. Mr. Boivin and I felt
that total replacement of the fence could cost $10,000 or more. To
restore security and privacy for the two properties as quickly as
possible, each of us volunteered help to place the existing sections of
fence on some new posts.
a No change in height: Comparing the height of the fence which
was put back in place with the unaffected sections at the west end of the
fence and it is evident that the overall height of the fence has not been
changed.
o The attached note from All Traffic Data demonstrates that both
property owners are in agreement regarding the location of the replaced
fence and the height of the replaced fence, and both Mr. boivin and I
are cooperating with one another to restore fence at the height and
location it had for some years.
o The height of the fence from the lower grade on the north side of
the fence is approximately 73" to TV for the length of the fence
which was replaced (approximately 110 feet).
7
o Mr. Hirt was shown that the height of the fence relative to
the grade 5 ft in from the property line (next to the apartment
building) is approximately 6 feet.
o The setback of the fence from the property line on Hoyt
Court is approximately 32'6".
o Finally, please note that work on the fence (replacing broken
slats, painting new wood, power washing the old slats) was suspended
pending our application for a variance. Additional work will improve
the appearance of the fence as Mr. Boivin and f anticipate.
REQUEST FOR VARIANCE
SECTION 26-115, Section C4:
CRITI RIA- ]MR REVIEW QUESTI@NS.
QUESTION A.
o For over twenty years (perhaps since 1461), the existing fence
has provided an additional measure of privacy which has been
important in attracting and keeping good tenants in the apartment
building at 4371 Hoyt Court. The logs of the privacy which has been
afforded by the existing fence at the existing height would greatly
diminish existing privacy and add to the difficulty of attracting good
tenants to this building in competition with newer apartment complexes.
In this regard, considerable time and resources are being invested in an
ongoing effort to upgrade the lawn, the landscaping, and the exterior
appearance of both properties.
As the photographs which have been provided show, the privacy
afforded by the existing fence over the years has been particularly
critical along the cast ("font") portion of the fence to reduce the view
of trucks and equipment parked on the north side of the fence, next too
the front lawn of the apartment building.
o "Side Fence" vs. "Front Fence"
While zoning regulations address the question of a fence which
extends forward toward the front property line, we are asking that this
fence be considered it side fence with respect to the commercial nature
of the activity on the north side of the fence, at the test end.
Please note that the panting of vehicles and equipment begins at
the east edge of Mr. Boivin's parking lot in back of his property which
frouts onto 44th Avenue. Our front yard is positioned next to this
portion of his parking lot.
Please note that the parldog of vehicles and equipment begins on the
east end of the parking lot, which can be correctly regarded as the
of commercial property which faces north, onto 44th street.
We would stress that this is not a fence which stands between ourselves
and a private residence or even another apartment building.
QUESTION B,
o The variance requested would not alter the essential character of
the locality.
QUESTION C:
o For several reasons, preservation of most of the existing fence is
an important and cost-effective measure. "White Mr. Bolvin and I had
discussed removal of the dead and dying Glue trees next to the fence on
the north side and had planned to invest in replacement landscaping on
both sides of the fence. Total replacement of the fence would cost an
estimated $10,000 or more. This expense would preclude spending
other money in the planting of new trees and bushes along the fence line
for several years. (Watering restrictions may yet complicate our
options for replacement trees and landscaping.)
QUESTIONS D AND E:
o There is a rapid drop in the grade along the fence line of
approximately 12" to 14". The addition of approximately a foot of dirt
and the planting of Lim trees many years ago mitigated this difference
in grade and provided the additional measure of privacy for owners of
property on both sides of the fence.
o Increasing the height of the existing fence appears to have been
an agreement between owners of both properties many years ago, and
as noted the height of the fence above grade next to the apartment
building is approximately six feet.
QUESTION F:
o The granting of the variance would not be detrimental to the
public welfare. A variance for additional height of this fence would not
impair the appropriate use or development of adjacent property. It
would have no effect on public safety nor diminish property values in
the neighborhood.
CONCLUDING COMMENT; This fence has addressed a unique
privacy problem for many years. We appreciate the opportunity to
provide background regarding the situation and the owners of bath.
properties request a variance on the height limitations for this fence.
Daniell and Lois Lynch, Owners of 4371 Hoyt Court, Wheat Midge
J&L Property Management, P.O. Box 36171, Denver, 80236
Eric and Dawn Hoivin, Owners of All Traffic Data
9650 West 44th Avenue, Wheat Ridge, CO 80033
EXHIBIT 2: LETTER OF APPROVAL
Eric Boivin
9660 West 44s' Avenue
Wheat Ridge, CO 80033
City of Wheat Ridge
Jeff Hirt
7500 West 29" Avenue
Wheat Ridge, CO 80033
RE: Variance on fence on the south side of 9650-9680 West 4e Avenue
Dear Jeff.
I am writing to inform the City of Wheat Ridge that is it acceptable that the fence height
be increased from 6 foot to 7 foot on the south side of my property listed above.
After the variance is approved for the fence height, we are willing to aid Dan Lynch in
repairing the fence to the original placement on the property line.
Please feel free to call me directly if you have any questions, 303-668-0220 or call Dawi
at 720-218-3742.
11
Thank you, ti
EXHIBIT 3: ILC
Location of Fence
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EXHIBIT 6: CITATION
m1ge
Datum this 10th, date of duty,, 211M
Dtaniel,i 'Lynch
U4l LEI' 7]~d 3' 71 IcAN4 UM 7674
Lame-Aland. CO M2274341)
waffling No# e
Pleaee take voke• that, the Dep&U nt cr CamnI nAy DeeasioP'nant 11% d'6%nn'VMI Iltet IN l$tlf@ftY
dfscrbea L ,yn is mi vfWab`om or nta wi t, Fwp oode 'I ate:
4371. sloyl CaUr1
Sp3aficaty. vialatians nxlsftng ran suet praperly becrose-tFthe ful' mifrrd ednd6o,3is and use:
84C rA3. FONSO, wells, MtO. ere nna toe wlpw,
06islonol 1Ytrr_,js. and rhval l wnfls ara permitlcd in any mane d,strgl wkh the issuamm of a sense pewit
2tpraved by tho aamrrmnity delnlapment depalr *4 in acardance, wirt the regji emeota & this a*xicui,
A. ,R,gnm~f mc@, oft,, &&FU tta. Gerwmgly, no Nsionel iarmPe: NAII of arid;) DNA* the helgtit a, July-
e~ht irxs ~ Ga pr~'fnltled witftlt?3 c mintmr~t~t re6'~rl~r+ ~r4 Y stn abnva ~ fs~±~t nr el~ {~M t In,
Inal .m*;nntdPmrwLwspeclf d. Dacwatim,-open," fences Wrnichacealleast eil$fly 80 p&[erftdtpe€r,
such as wrroug irm Senne, maybe pefmiited urn lb Rix WB neat as heigtht ewe The ele+r 606 of Il* alreel
met nIn rnlfer,l'lum rur,l yefvla. V40vn'rave[8 OFA uhr,iplinh Ta,?ee afe F?'rkhjWIjR.d a#p'm#~ , "6 ht (JIM) in004 In
ri'r;YYt.1~~:
Sootlon 2&16"r : Each day arrh a, uinlatiop eaisla Shah c&I-'fb.4e a, eeperle r $naa.
penoe m klix twn pmpww line has,ml gftq l ~he.kleflGhOF
Plea "skier (ht dw notice to doss and abate U?e above dewtad viaRaliopn wi4n Im en 04) •dl
fan the rewLul or noon, Sallim 0 Ala w may msiAt to a wmmans Miming hind with iha wrivat Raigm
Munigoal C".
r pman, fan Ti, wipti aw" or arotr offs of or eovoby% "rear wpo violel.es or tmo io comply w the
per 4s9one or the Wh,M IUD Go4'e or Laws MW be s to the porboy w r rcam"hel dh . E:p(=h 'P.M
6' dam' plat as vied ahnn 0100; g17611 IM c9stslrr +d a srtpgnbm atferec SLb)act io- eeparde penabim_ In
CITY OF WHEAT MIDGE dmmmirH Cwailawmaa F 2fflh k~:,.e~., 9tkheat t+![4gs". 5:~ ~f1~.3}n'}34E
pJ!"32:id:it 9 [V~ck~ti
amat' ir~i~rd~Y[aisvhemtriS"ad.r_.n,ani ~:'xvw.+,~;~tuiiikrM r,..J,~
apompiiate cases, you may hayee a ritit lei pn the fkirrs ul trts nofto fru;awrant to 9Wt~1 Rite,
Colow-ado, coode Suhisectidn 164 (7001. When d;a+ta.otaflan I5:ab d'wilhin IN'NnrrMP,; 1`166Ce I i*d, this
Its wit W d", Med and ro furiher aobrn will he taken on said wjWaW.
S;nald you Kim wry rlwasi 'rS raa(mrinp kW rolF-* of need axMitslnal Infr rmalian, please aornaoct rrey aft e
ail iii 23&2ii47.
TWk you aduance foa+' Vccr c fSW;I-
KMySrr
Property Inspeclor
k s1 f r ~a r~4 ~ c t; ~i t.~,-n n cam,
17
~Fw A_ LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Ridge, CO 80033
Phone (303) ;846
tOR (Please print or type all information)
;t, _a. e. Phone303-902-7472
Applicanpaniel Lynch Address 2217 So Flower Ci State- Colorado Zip_ Fax
Phone
city State Zip_ FFax-
Contact Same Address Phone
City State Zip FFax-
(The person listed as contact will be contacted to answer questions regarding this application, vide additional information when necessary, post
responsible for forwarding all verbal and written
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be communication to applicant and owner.)
33
Location of request (address): 4371 Hoyt Court, Wheat Ridge, Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
El Change of zone or zone conditions 0 Special Use Permit
0 Consolidation Plat 0 Subdivision: Minor (5 lots or less)
11 Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots)
• Lot Line Adjustment El Right of Way Vacation
• Planned Building Group D Temporary Use, Building, Sign
• Site Development Plan approval X] Variance/Waiver (from Section )
El Other:
Detailed description of request: Variance on the height of a 20+.yr old fence which fell down,
and was re-erected on new posts.
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
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 t th ested t' 'n awfully be shed. Applicants other than owners
0= to
ion on his behalf.
~a
Signature of Applicau~ t7tely/-Arl
~~'bscilbed s in to is da f&p i l S 200
X. UB
ota lic
ission expires s-~2-1-26i0
To be filled out by staff-
Date received Fec$~~Receiptl,lo. CW619 Case No. OJA-G 6 -Q k
Comp Plan Desig. Zoning X -5 Quarter Section Map NIA) a 1
Related Case No. Pre-App Mtg. Date_ Case Manager
roperty appraisal system
Property
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GENERAL INFORMATION
Schedule: 042946
Status: Active
Parcel ID: 39-222-00-022
Property Type: Commercial
Property Address: 09650 W 44TH AVE
WHEAT RIDGE CO 80033
Mailing Address: 09660 W 44TH AVE
WHEAT RIDGE CO 80033
Neighborhood: 121
Print Helo
Owner Name(s)
BOIVIN ERIC N
Page 1 of 1
PROPERTY DESCRIPTION
Oihdivicinn Nam, -
Block
Lot
Key
Section
Township
Range
Quartersection
Land Sqft
021
22
3
69
1
NW
26250
1
1 1
Total
26250
Assessor Parcel Maps Associated with Schedule
maP39 _222„pdf
COMMERCIAL
Graph! Parcel Mao MapQuest Location
Sale Date
Sale Amount
Deed Type
Reception
07-12-1977
55,000
CONVER02._
03-03-1978
0
CONVER01
02-12-1990
50,000
Quit Claim Deed - Joint Tenancy
90014067.
10-29-1993
0
Death Certificate
93176331,
02-28-2002
440,000
Special Warranty Deed
F1436480
TAX INFORMATION
2008 Payable 2009
Actual Value
Land
82,100
Imp
328,300
Total
410,400
Assessed Value
Land
23,810
Imp
95,210
Total
119,020
2007 Payable 2008
Actual Value
Land
82,100
Imp
328,300
Total
410,400
Assessed Value
Land
23,810
Imp
95,210
Total
119,020
Treasurer Information
View Mill Levy Detail For Year 201
2008 Mill Levy Information
Tax District
County
School
WHEAT RIDGE
ARVADA FIRE DIST.
CLEAR CRK VLY W&S DIST.
I
REGIONAL TRANSPORTATION DIST.
URBAN DRAINAGE&FLOOD CONT DIST
URBAN DRAINAGE&FLOOD C SO.PLAT
VALLEY W. DIST.
Total
2007,,,
TBA
http://www.co.jefferson. co.us/atslnavigate.do?offset=0&limit=single&url=laddressresult.... 10/15/2008
:'roperty appraisal system
Property
Information 11
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Page 1 of 1
GENERAL INFORMATION
Schedule: 991063 Parcel ID: Print Help
Status: Active
Property Type: Commercial
Property Address: 09650 W 44TH AVE
WHEAT RIDGE CO 80033
Mailing Address: SAME ADDRESS AS PROPERTY
Neighborhood: -
Owner Name(s)
ALL TRAFFIC DATA
PROPERTY DESCRIPTION
Subdivision Name: -
Block Lot Key Section Township
Range QuarterSection
Land Sqft
Total
0
Assessor Parcel Maps Associated with Schedule
SALE HISTORY
Graphic ..parcel Mao_ M. apQuest Location
Sale Date Sale Amount IDeed Type (Reception 1
TAX INFORMATION
2008 Payable 2009
Actual Value
Personal
17,689
Total
17,689
Assessed Value
Personal
5,130
Total
5,130
2007 Payable 2008
Actual Value
Personal
17,689
Total
17,689
Assessed Value
Personal
5,130
Total
Year
5,130
Treasurer Information
View Mill Levy Detail For
20
08
2008 Mill Levy Information
Tax District
3105
County
TBA
School
TBA
WHEAT RIDGE
TBA
ARVADA FIRE DIST.
TBA
CLEAR CRK VLY W&S DIST.
TBA
REGIONAL TRANSPORTATION DIST.
TBA
URBAN DRAINAGE&FLOOD CONT DIST
TBA
URBAN DRAINAGE&FLOOD C SO.PLAT
TBA
VALLEY W. DIST.
TBA
Total
TBA
2007:
http://www.co.jefferson.co.uslatslnavigate.do?offset=l &limit-single&url=laddressresult.
10/15/2008
City of
Wheatclge
COMMUNiTy DEVELOPMENT
Memorandum
TO: WA-08-08 Case File
FROM: Jeff Hirt, Planner
DATE: October 20, 2008
SUBJECT: Fence height and Posting at 9650 West 44`h Avenue
This memo is in regards to the height of the fence at the above address, and the specific address
of the property in question. Originally, the fence was presumed to be on the property
immediately south of the subject property - 4371 Hoyt Court. The owner of this property made
the original application.
After having an Improvement Location Certificate (ILC) done, it was revealed that the fence is
actually located on the property to the north of 4371 Hoyt Court at 9650 West 44t" Avenue.
With this, the measurement of the fence height changed per Section 26-603.I, where it states that
the height of the fence is measured at finished grade, 5 feet inside the property that it belongs.
Additionally, the property for which the variance application was being made also changed.
The purpose of this memo is to clarify that the application for Case No. WA-08-08 is for 9650
West 44m Avenue, and the height of the fence is TV at its highest point.
The property was originally posted for a 7 foot fence at 4371 Hoyt Court - but with the new
information a second posting had to be done for the correct property and the exact height of the
fence.
qa4,l kbvlz e L
BOIVIN ERIC N
9660 W 44TH AVE
WHEAT RIDGE CO 80033
DAVIDSON DELBERT L
8345 W 71ST AVE
ARVADA CO 80004
VILLACHICA JOHN C
9685 W 44TH AVE
WHEAT RIDGE CO 80033
ANDEAN H M~LES LLC
39 95 OOLL2 WHE&Tlkdl 33
PARIS BECKY LYNN LANDIS
970 WRIGHT CT
GOLDEN CO 80401
GIA LLC
16569 W ELLSWORTH DR
GOLDEN CO 80401
LEMON TREE LLC
269 NORTH RD
DURANGO CO 81303
LYNCH DANIEL J
LYNCH LOIS K
2217 S FLOWER CT
LAKEWOOD CO 80227 2340
SLATER RICHARD E
4640 KIRKWOOD ST
BOULDER CO 80301 4232
WHITCOMB OPERTIES LLC
11715 L~T
TH% T 0233 /
C
39-222-00-022 7008 0150 0003 4502 7705
39-222-00-044 7008 0150 0003 4502 7699
39-222-08-011 & -012 7008 0150 0003 4502 7682
39-222-08-003
7008 0150 0003 4502 7675
39-222-00-021
39-222-13-001
7008 0150 0003 45D2 7668
7008 0150 0003 4502 7651
39-222-99-001 7008 0150 0003 4502 7644
39-222-12-011 7008 015D 0003 4502 7637
39-222-12-001
39-222-09-001
7008 0150 0003 4502 7620
( 77008 0150 0003 4502 7613
l
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City of
WheatRdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
7500 W. 291" Ave. Wheat Ridge, CO 80033-8001
CERTIFIED LETTER NOTICE
P: 303.235.2846 F: 303.235.2857
October 20, 2008
Dear Property Owner:
This is to inform you of Case No. WA-08-08, a request for approval of a variance
of up to 1 foot 6 inches to the 6 foot maximum fence height requirement resulting
in up to a 7 foot 6 inch fence on property zoned Commercial One (C-1) and
located at 9650 West 44th Avenue.
The applicant is requesting an administrative variance review which allows no
more than a fifty percent (50%) 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 October 29, 2008.
Thank you.
WA0808.doc
www.ci.wheatridgexo.us
5W 15
N
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
DEPARTMENT OF
PLANNING AND DEVELOPMENT
PARCEULOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
0 100 200 3W 400 `eA
MAP ADOPTED: June 15, 1994
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t~
RECEPTION NO. F1.447412
3/21/2002 11:46:17 PG: 001-001
• PAGE FEE: 5.00 DOC.FEE: 34.99
RECORDED IN JEFFERSON COUNTY, COLORADO
R/
0
Filed for record the_day of,A.D. et o'clock - M. RECORDER
Reception No. By DEPVTY.
WARRANTY DEED
Ma Unc11i uilittry Foo~~ y
THIS DEED, Made on this day of (Sate 4
between MICHAEL W. WAMSER _T
of the County of and State of Colorado of the Grantor(s), and
DANIEL J. LYNCH AND LOIS K. LYNCH
whose legal address is : 4371110tt COURT, WHEAT RIDGE C08O137
of the County of JEFFERSON end State of Colorado of the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the am of ( $349,900.00 )
Three Hundred Fany Nine Thousand Nine Hundred and OOJIDD •ae DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sett, convey and confirm unto the Grantee(s), their heirs and assigns forever,
not in tenancy, in common but in joint tenancy, ell the reel property, together with improvements, if any, situate,
lying and being in the - County of JEFFERSON and State of Colorado, described as follows:
LOT 1, PHILLIPS SUBDIVISION, COUNTY OP JEFFERSON, STATE OF COLORADO.
also known as street number 4371 HOYT COURT, WHEAT RIDGE, CO SW33
TOGETHER with all and singular and hereeitaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, reme finder and came fnders, rents, issues and profits thereof; and all the estate, right
title interest, claim end demand whatsoever of the Grantor(s), either in Law or equity, of, in and to Ue above bargained
premises, with the hereditaments and appurtenances;
TORAVEANDTOHOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant
bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the sweating and delivery
of these presents, he is well seized of the promises above conveyed, has goad, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same In mender and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains) sales, liens, taxes, assessments, encuibrences and restrictions of whatever kind or nature soever,
SUBJECT TO GENERAL TAM FOR THE YEAR 2007, AND EASEMENTS, RESERVATIONS. RESTRICTIONS, COVENANTS AND
RIGHTS OF WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC
RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL
TAXING DISTRICT; AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS. IF ANY.
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every Person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, end the use of any gender
shall be applicable to ell genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
N MARY MAYBEE MICHAEL W. WANISER
m NOTARY PUBLIC
STATE OF COLORADO
My Commeasian Expres Sum 21, 2005
STATE OF Colorado )
)sa.
CITY AND County of DENVER )
<,{J~WDD waE the forego ng instrument was acknowledged before me on this day of 3115102-
W. CHAEL WAMSER /
My commission expires
Witness my, hand and officiaL seat. ~ / • / C,•iC,.~
_T / otary Publi
Name and Address of Person Creating Newly Created Legal Descripti on ( 38-35-TDO.5, C.R.S.)
Escruwk F839487 When Recorded Return to: DANIEL J. LYNCH AND LOIS K. LYNCH
Title# K839487
4371. HOYT COURT
Tom No. 921A Rev 4.94. WARRANTY DEED (Joint Tenants WDJT1) WHEAT RIDGE, CO aOO33
IMPROVEMENT LO LOT 1, PHILLIPS SUBDIVIS JEFFERSON CO FENCE IS LOCATION CERTIFICATE
IVISION, C17Y OF WHEATRIDGE,
COUNTY, COLORADO
DESCRIPTION
LOT 1, PHILLIPS SUBDIVISION, CITY OF WHE COLORADO
IMPROVEMENT LOCATION CERTIFICATE
3.4'N OF PROPERTY FENCE IS F x FENCE IS 1.3'N LINE 3.3'N OF
FENCE IS CONCi~ETE & I HEREBY CERTIFY THAT THIS IMPROVEMENT
1.3'N OF FENCE EXTENDS PREPARED FOR J & L PROPERTY MANAGEM FENCE IS 1.4'N LAND SURVEY PLAT OR IMPROVEMENT SURV
~CORNERPER~ PROPERTY P X LINE PROPERTY i ' , r
oHU ------------i~#~#-- # # # LI 175.0 ~ LINE 1.7 N OF ~ ~ AND 2.2E OF TO BE RELIED UPON FOR THE ESTABLISHME PROPERTY LINE"' µ ~~_Y Y~~,-PROPERTY OTHER FUTURE IMPROVEMENT LINES.
a 3 {
5' UTILITY - e~- ~~-T_ ~ ~.1 ° F NCE EXTEN o EASEMENT _ ~ ' ~ a - ~ . t-
/73.7 1.4'N OF
CONCRETE I ~ ; - ~ ' . PROPERTY LINE
EXTENDS =
FROM 3.1' TO 0 2-STORY BRICK APARTMENT ° Sri 1
3.2'W OF o ~ a ° ~ ~ N #4371
PROPERTY ~ LINE ~a a ~ _ ,
73.7'
o " ' - - a
SHED EXTENDS I _ _
FROM 7.5' TO o ' - _ j
PROPERTY 8'3~ jl LOT 1
M LINE o ~ ~ ~ `s
162.5 _ , _
FENCE IS o ~ ~ ' ~ ~ 9-
9.5'W OF I ( Eli
PROPERTY FENCE IS FENCE
CORNER 0.0'N OF CORNER IS
PROPERTY 0.0'N OF
CORNER PROPERTY
LINE
a
~ A. OWNERSHIP OF THIS TRACT OR V DESCRIPTION SHOWN; OR VERIFICATION OF THE
B. THE COMPATIBILITY OF THfS DESC ADJACENT TRACTS; DESCRIPTION WITH THAT OF
C. EASEMENTS OR RIGHTS-OF-WAY INFORMATION SUPPLIED BY THE OWNER. -WAY OFF RECORD; BUT RELIED ON R.
2. #5 REBAR WITH CAP, CAP STAMPED "L SHOWN THUS:O ED "LS 9010" RECOVERED AT POINT
3. #4 REBAR RECOVERED AT POINT SHOW LEGEND SHOWN THUS: 0
N (~1
CSI
C'J
(X,! INDICATES ASPHA INDICATES BUILDIN C~__ INDICATES CONCR o 0 0 0 INDICATES CHAINLI x x x x INDICATES IRON F # # # # INDICATES WOOD INDICATES FLOW L qPHAI T IMPPOVFMFNT
U C`J 1
t~:}, ~ F t
II}
C~ y ■ i
J I i
C~J r-- _ _ INDICATES OVERH ~ INDICATES UTILITY
__.J
C,~
i
{lj PREPARED BY: LANE ENGINEERING SERVICE, INC. 1 v i 7
W 9500 WEST 14TH AVENUE, LAKEWOOD, CO 80215
C.k' TEL: (303) 233-4Q42 FAX: (303) 233-0796 t ,
Case No.:
p0808 j
Quarter Section Map No.:
NW22
App: Last Name:
Lynch i
Related Cases:
App: First Name:
Darnel
Case History:
ariance to fence height
Owner: Last Name:
gorvm _
[standards ...new deadline to
object 10129108
Owner: First Name:
Eric
App Address:
IM 7 S. Flower Ct
Review Body:
d
City, State Zip:
Lakew akewood C080227
App: Phone:
303-902-74
72
APN:
39-22212011
.
l
Owner Address:
9660 W 44th Ave
2nd Review Body:
City/State/Zip:
heat Ridge, C080033
2nd Review Date:
Owner Phone:
ame
Decision-making Body:
Project Address:
9650
Approval/Denial Date:
r~
Street Name:
est 44th Avenue _ j
City/State, Zip:
„heat Ridge, CO 80033 !
ResolOrdinance No.:
Case Disposition: _
Project Planner: Hirt
File Location: ctive
Notes:
Follow-Up:
Conditions of Approval:
District: IV
Date Received: 812612008_,_
Pre-App Date:
CITY OF WHEAT RIDGE
08/26108 2-32 PM cdba
S&L Properties
RECEIPT ND:CDA000684 AMOUNT
FMSD ZONING APPLICATION F 200.00
zone
PAYMENT RECEIVED AMOUNT
CK 2963 200.00
TOTAL 200.00
WA-O--O$'/-yt~t C iti- -e. /dJ-I01e)
LYNCH DANIEL J 39-222-12-011
LYNCH LOIS K 7008 0150 0003 4502 6937
2217 S FLOWER CT
LAKEWOOD CO 80227 2340
GLANDT LINDA J 39-222-12-010 7008 0150 0003 4502 6920
1153 BERGEN PKWY M183
EVERGREEN CO 80439 9501
COVERDALEJOE 39-222-12-002 7008 0150 0003 4502 6913
3010 DEPEW ST
WHEAT RIDGE CO 80212
SLATER RI A 39-222-12-001 7008 0150 0003 4502 6906
46,10 KIRK
ROT LLD 80301 4232
DAVIDSON DELBERT L 39-222-00-044 7008 0150 0003 4502 6890
8345 W 71 STAVE
ARVADA CO 80004
BOIVINERIC N 39-222-00-022 7008 0150 0003 4502 6883
9660 W 44TH AVE _
WHEAT RIDGE CO 80033
GIA LLC 39-222-99-001 7008 0150 0003 4502 6876
16569 W ELLSWORTH DR
GOLDEN CO 80401
LEMON TREE LLC 39-222-13-001 7008 0150 0003 4502 6869
269 NORTH RD
DURANGO CO 81303
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City of
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
October 1, 2008
Dear Property Owner:
This is to inform you of Case No. WA-08-08, a request for approval of a 1 foot
variance to the 6 foot maximum fence height requirement resulting in a 7 foot high
fence on property zoned Residential-Three (R-3) and located at 4371 Hoyt Court.
The applicant is requesting an administrative variance review which allows no
more than a fifty percent (50%) 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 October 10, 2008.
Thank you.
WA0808.doc
www.ci.whestridge.co.us
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WHEAT M RIDGE - WATER FEATURE
COLORADO DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN 0 100 200 50O 400 `ed
(APPROXIMATE LOCATION)
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DEPARTMENT OF MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
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D~DIGATtON
BEING A PORTION OF THE EAST ONE-HALF OF THE THE
WEST ONE-HALF OF SECTION 22, TOWNSHIP 3
SOUTH ,RANGE 69 WEST OF THE 6TH. P. M.
w~ S T 44 TH. Av E N /ENUE JEFFERSON COUNTY, COLORADO KNOW ALL MEN BY THESE PRESENTS: Thot Calvin Ph~~llips and Bonnie ✓eon Phillips,"
see/ F';r~ land in the East one-half of the tyes~' one ho/f of Section 22, Township, 3 South, Range 69
O
County, Co%rodo; Described as fo/%ws: The tNes~ One-half of North west One-quarter of Nor One-guor>er of sod Section 22, Except fhe South 220 feet thereof ; And that port of t One-quorter of Southeost One-quorter of Nor1`hwest one-quorter of said Section 22 described
f sr,
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Cur've 4ar~e EXC~PTEl7 y0 a ~XCePrEO
h corner of said Southwest One-quorter of Southeast One-quarter of Northwest Dne-quarter;
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R /7'4.5 94.55 of said Southwest One-quarter of Southeast One-quarter of Northwest One-quarter, 376..3
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ro Sef Sf¢dl Pin 330.3 feet to the Eost line thereof; Thence South 0°~.1'Eost, along said East Iine , 37 /ine of said Section 22~ Thence Soufh 89°37'West, along said center -line, 334.4 feet, mor Have ia~d out, subdivided and p/acted into /ots and court, as shown hereon, under the n D/VISION, and do by ~`hese presents grant and dedicate to JEFFERSON COUNTY, in fee
~ ~ S89° 4/.5~ - 330.3 io5.3 y
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~ ~ ~ ~ / ~ ~ ~ 15 ~a os shown hereon.• /N WITNESS t~t~f~EREDF, VYe have subscribed our hands and sea/s this
r. ~r r'
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134.5` ~ ~az.~ ~ {tr + CA~VlN PHILLIPS BONNIE EAN r
~ o N 0 i i r
1 ~ ~ h I ~ C1i~ve da13 srA rF of co~oRQ oo s.s. s ~ s
. ~ 3 16 D d 31°03' b T 4B 47 covNrr o
~ a /76.5
I ~ I ia5 ' ~ L 96.5+ /S5. Q The a we and foregoing p/ot and dedication of PHILL/PS SUBDIVISION was vcknow/ day of /960 by Colvin Phillips and Bonnie Jean Phillips and Aibert Jeronimus.
1 X
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i j NOTARY PUB1.1C i
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~ ~ _ _ _ ATT4R~~EY'S ~ SR"I" ~ FI SAT E , ,
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~ ~ ~ ~ ,3~ ~zg' ia5.~ ( Sfee/lair! ~j BERNAR[b L. BECK pn attorney-ofi-law duly licensed to practice before courts of record of _ _
~ ~ ~ ~ q 30.4 ~ ~ L~asf- W~sf ~ S¢c. 22
~ See/Pin ~ ~ S89°37'W have examined the title of ali lands hereinabove dedicated and shown upon the within pltit as a
~ ~ u~
land is in the dedicators free and cleor of ai! liens and encumbrances. Dated this~day of.~~~ ENGINEER'S CERTIFICATE a -
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~ ! i, WILLIAM G. KECK a registered land surveyor in the State of Colorado do hereby certi#y tha was made ujnder my supervision and that the accompanying p3at accurafiely and praperfy shows F~
i W t ~
~ ~ d _ 1-
~ ~ ~ ~ r. y ~
~ o ~ ~ a Dated this doy of 1960 i
i R e g i s t P~A'NN!{NG DEPARTMENT ENGINEERING DEPARTMENT APPROVA~.S
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ch m Approved by the JEFFERSON COUNTY PLANNENG C0MMI5SI0N thisl~t day of /~C=-9 Secretary t~ , ~r Chairma
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= its' - - - - - _ _ I
Se~ Sfee/Pin ~Bg°39`x' I5-Facx~Ur~i/ify Ease
ti o S The foregoling pla# is approved for filling and conveyance of the avenue and easements ~s s .rig ~ -t - - - ~ ~1~ - - it. _1 i L...
o \ y,
of Jeyferson, Colorado this 1,074 doy otrd•a,~.~.l9c~~; z:>uaj ecT TO one con ai Ti on tnU~ ~~~c wwt ft: LVUE11 :f##V tt t.llltd~ii ! ur~G ~~L i~t~~~~ w,~a,~•i+rv
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w a of any such court only after construction has been safisfQCtorily completed by the subdividor Iv n r s.
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N W ~ O 4r ~ 6p o ~ 120 Aga BOARD OF COUNTY COMMISS,1,4.NERS: 41 J~&?
Clerk Chu irrron
~ ~ ~ a SCA SCALE : 1 lW ~ toOFT. 4p
jr: #CLERK AND RECORDERS C E R T I F IC
Accepted for fii ing in the office of~sth~e-Cl'erk and Recorder of Jefferson County at Golden, Cc 0 ta -An- Colorado
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Reception No.