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Home My WebLink AboutWA-08-12City of `7`T heatRJdge 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 4825 Wadsworth, referenced as Case No. WA-08-12/Baillie; 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 two (2) foot variance from the required four (4) foot maximum height for a solid fence in a front yard setback resulting in a six (6) foot solid fence in a front yard setback (Case No. WA-08-12/Baillie) is granted for the property located at 4825 Wadsworth Boulevard, as described, based on the following findings of fact: 1. The request would not alter the essential character of the locality. 2. The physical surroundings and topographical condition of the property relative to the standards for a fence render a unique hardship. 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. The conditions necessitating the variance request are present in the neighborhood and are not unique to the subject property 6. There have been no protests submitted during the ten-day public notification period. m-T-b& Date Director WHE°'QQ CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT CO[ORa~O TO: Case File CASE MANAGER: Jeff Hirt CASE NO. & NAME: WA-08-12/13aillie DATE: October 31, 2008 ACTION REQUESTED: Approval of a variance of 2 feet from the required 4 foot maximum height for a solid fence in a front yard setback resulting in a 6 foot solid fence in the front yard setback on property located at 4825 Wadsworth and zoned Residential Two (R-2). LOCATION OF REQUEST: 4825 Wadsworth APPLICANT (S): Kelly and Brian Baillie OWNER (S): Kelly and Brian Baillie APPROXIMATE AREA: 41,905 square feet (.96 acres) PRESENT ZONING: Residential Two (R-2) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Locatie 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 a variance of 2 feet from the required 4 foot maximum height for a solid fence in a front yard setback resulting in a 6 foot solid fence in the front yard setback (Exhibit 1, Letter of Request). The purpose of the variance is to allow a 6 foot solid fence along the eastern property line adjacent to Wadsworth Boulevard (Exhibit 2, Site Plan). 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 with this request. II. CASE ANALYSIS Kelly and Brian Baillie are requesting this variance as the property owners. The subject property is 251 feet wide along 48th Avenue, 210 feet wide along Wadsworth Boulevard, and 41,905 square feet in area (Exhibit 3, Improvement Location Certificate). There is an existing approximately 2,000 square foot single family dwelling that has an active building permit for a substantial remodel and expansion. The property is addressed off of Wadsworth, but is oriented to and has access gained off of 48th Avenue. With this, the front yard is considered the 48`h Avenue frontage for the purposes of fence height requirements. The property sits significantly higher than Wadsworth Boulevard (Exhibit 4, Site Photo). The height of the fence is measured from 5 feet inside the property at finished grade per Section 26-603.I of the Code of Laws. Section 26-603.A of the Code of Laws specifies that no fence may be above 4 feet in height in a front yard or above a height of 6 feet in instances not otherwise specified. Fences that are 80% open, such as many wrought iron fences are allowed up to 6 feet in a front yard. As 48`h Avenue is considered the front yard, this regulation is applicable to the area within the required 30 front yard setback in accordance with the Residential Two (R-2) development standards. Typically, the front yard of a property is determined as the area between the front wall of the primary structure and the front property line. However, if a structure is setback from the property line a significant distance, the minimum front setback of 30 feet is considered the front yard as depicted on Exhibit 3 (ILC) for the purposes of fence height standards. Sight Triangle Additionally, the sight triangle regulations in Section 26-6033 are applicable to the corner of 48th and Wadsworth. The Public Works Department has indicated that they will waive this requirement given the grade change indicated in Exhibit 4, and that the fence sits above the line of sight for a pedestrian or motorist. The intersection already presents challenges related to the sight triangle that are not the result of any of the property owner's actions - but the result of how Wadsworth Boulevard was constructed with the retaining wall at this intersection. History A building permit was approved for a fence on June 5, 2007 On this permit, it was specified that a solid fence could not exceed 4 feet in height in the minimum front yard {Exhibits, Building Permit?Comments). The Administrative Variance Case No. WA-08-12/Baillie property owner has constructed the fence inconsistent with this approved permit, and was cited for a violation of the Code of Laws on June 30, 2008 (Exhibit 6, Citation). Subsequently, the property owner was informed that an administrative variance was a viable alternative given the unusual topography of the lot and proximity to Wadsworth Boulevard. 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. 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 single family residence without the need for the variance. Having a 4 foot fence however may not provide reasonable buffering visually, for safety, and for noise as this is a single family residence adjacent to a very busy and noisy corridor in Wadsworth Boulevard. 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. There is an existing retaining wall that sits well above the Wadsworth Boulevard street level where the fence is located. The visual impact of a 6 foot fence instead of a 4 foot fence is negligible as it relates to the Wadsworth Corridor and this retaining wall. 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 has already undertaken substantial investment in the property with the renovations and expansion to the house. The applicant has already made the investment in the subject fence that the variance is being applied for. It would be possible to construct a 4 foot fence or a 6 foot wrought iron fence however without the variance. Without the variance there would still be allowances for substantial investment in the property. Staff finds this criterion has not been met. 4. The particular physical surrounding, shape or topographical condition of the specific property 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. The physical surrounding and topographical condition of the specific property render a unique hardship upon the owner is it relates to constructing a fence in the front yard. The property sits well above the grade of Wadsworth Boulevard, where the subject fence is located. This is problematic for the measurement of the fence along the eastern property line. Additionally, the adjacency to Wadsworth Administrative Variance Case No. WA-08-12IBaillie Boulevard for a single family residence creates the logical need for a 6 foot solid fence for the purposes of aesthetics, safety, and noise buffering. 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. The applicant is not responsible for the grade change and the impacts from Wadsworth Boulevard on a single family residence related to aesthetics, safety, and noise. 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. Although the corner of 48th Avenue and Wadsworth presents a hazardous situation regarding the sight triangle, the Public Works Department has indicated that the fence does not create problems in this regard as the impact is already there. 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. 7. 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 present in the neighborhood and are not unique to the subject property. There are several residential properties adjacent to Wadsworth Boulevard with the same issue related to the grade change and the impacts of the corridor on the property. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Staff finds that this criterion is not applicable. Fences and single family dwellings are not subject to accessibility requirements. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Administrative Variance Case No. WA-08-12IBaillie Staff finds this criterion is not applicable. Fences on single family properties are not subject to requirements in the Architectural and Site Design Manual. IIl. 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. The physical surroundings and topographical condition of the property relative to the standards for a fence render a unique hardship. 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. The conditions necessitating the variance request are present in the neighborhood and are not unique to the subject property 6. There have been no protests submitted during the ten-day public notification period. Date Administrative Variance Case No. WA-08-12IBaillie Brian & Kelly Baillic 7903 W. 55"h Avenue Arvada, Colorado 80002 October 7,20D8 EXHIBIT 1: LETTER OF REQUEST Variance Review Committee: This letter is in regard to the property located at 4825 Wadsworth Blvd. Wheat Ridge, Colorado 80033. We are requesting variance approval for a portion of our perimeter fence looted on the South Eastern corner of this property: The section of fence in question will be a solid wood Bence 6' in height stretching from the Eastern border of the property to the elcetrical pole. The Bence will continue from the electrical pole to the Western border of the property, but will be a 6' ornamental fence that meets the current requirement of being 80% open, if situated within 30' of the, designated, front yard border of the property We feel this request, based on the criteria for review, should be approved for the reasons stated below: A. 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. Not Applicable B. The variance would not alter the essential character of the locality. The fence along Wadsworth would not alter the character of this corridor, as there is an existing retaining wall that puts the property well above the road C. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. We have already invested a significant amount of money into this property. The variance would compliment the improvements already made. Tim addition, the location of this property is higbly visibh; and has already had a positive impact on home improvement programs within the City of Wheat Ridge. Without the variance, the pianningbwahig department is unable to interpret the current language of the building code to support this type of residential Peace. A Tice particular physical surrounding, shape or topographical condition of the specific pmperty results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. The elevation of the property, with respect to Wadsworth Corridor and 40 Avenue, aid location of well access on the property, create physical conditions which make the sethack truly a unique hardship to necammodate a perimeter fence per the enforcement of the current fence codes. Administrative Variance Case No. WA-08-12/Baillie R If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. We have not created the physical condidow created the unique biardsbiplebaracteriatices of the prop". F. The grouting 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, mrpam-rig 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 Public Works Department has determined that the fence, as proposed, does not create a hazard or safety issue. The fence sits above the One of sight (sight triangle) at this corner so there is no Wpact in this regard, It may be an onsafe intersection, but this condition was not created by you or the fence. G. The unusual eircumstauces or conditions necessitating the variance request ate present in the neighborhood and are not unique to the property. Wbile the elevation issue does not direety atYcxt otter properties in the neighborbood, the unusual circumstance of properties adjacent to Wadswertb is a eonuon thread for a handful of properties. In addition, some properties are adjacent to a greenbelt and may fall under unusual circumstances which would require variance to prohibit trespassing on their property. H. (}ranting of the variance would result in a reasonable accommodation of a person with disabilities. Not Applicable 1. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Mammal. loot Applicable. Please feel free to contact me with further questions regarding this request. Sincerely, I V-~ Kelly Baillie Administrative Variance Case No. WA-08-12IBaillie EXHIBIT 2: SITE PLAN Administrative Variance Case No. WA-08-12/Baillie EXHIBIT 3: ILC 8, . l P ~lrUNE.,- ° ~ 10.A +sQs PATO BBB r ~ ~r r' ~ POTiO ~ ~ ' ~J A> ~8ti0RiN ~25~53 _ _ 1 Xercwravrce: 1 I Sy' ` 11 j ~Ix~! 1 1 I I Wx cOU6mD I I} W MIvJ =i6 - ~ N I N tDfl6T. I GWMaWAT TO I IR!"fdN gl I I o,t I 3&'rETBAE-K LINE - - - PLASTIC 25.00 CAP ~TiVMEFZ IINE_ I RE PORT 2,0` 1 crnc 1 4~ t o~ IN /W Z 1J O I~ 1a 1 J ro Y a O L`I °a z Administrative Variance 9 Case No. WA-08-12/Baillie Administrative Variance IO Case No. WA-08-12/Baillie EXHIBIT 5: BUILDING PERMIT APPROVAL ` ~ m City of Wheat Ridge OTO;te Residential Fence PERNIIT - 070535 PERMIT N0: 070535 ISSUE 06/05/2007 JOB ADDRESSi 4825 WADSWORTH BLVD EXP S: 12/02/2007 DESCRIPTION: Ornamental 6' fence & wood privacy & 4'}arolntd proper roe CONTACTS owner 303/906-1987 Brian/Kelly Baillie PARCEL INFO ZONE CODE: R-2 SUBDIVISIONt UA FEE SUMMARY Permit Fee Plan Review Pee Total Valuation Use Tax TOTAL USE: R-3 BLOCK/LOT#r: 0/ IMATFD PROJEC'T' VALUATION: 6,000.00 FEES 102.90 105.89 .00 Y'~' 108.00 376-79 MR: R-2 6/4/07 - - l 7e'o . d~'ef`than '3Y7'<`F-eet'to~tMe-£ on .1 t~proParty lie Subject: to Lit:1,1 inspection I hereby certity that the Setback d55tances Pxopwed by this permit application are sees=ate, and do not violate 6pP21-Me rules or Y lationa of the City of wheat Ridge or C manta, eaednants OS raa=riCtions Of rOCaxd; that all ordinance,, % alaast+reaMw snewa, and aile9acians made ors accurate; that I nave read and wgrae to abide by all comditiaw* printed on this application and that 1 dine, full for u~jOiibiL~r tnia Vliiatxx, Plans the fteat at E dB& B~ding code U V-0 and all ether applicable 1Bntat Ride or BSsyeaturs tf cCntraecox/oanar date I. This PaMit was iaauod in accordoro6 with the px0viei9n8 Oct fottb in year application and is OubltCt to the lawO of she State of Colorado and to the Ronixug Regulations and Building Codes of Whosc Ridge, 0alorado Cr any other applicable eroinane" of the city.. 2. This permit shall d"Im lee days from CM isawe date. Requests for an extenaina must be recES+cd Prior to expiration data- nn extension may be geantad at the discretion of the Building official. _ 3. if this permit expires. a new permit may be acquired for a fee of ificatlwla the actnmt any saspenmaall required, not sod _ Cbanges have boon or will be made In the original New and 81Oc full fens has exceeded Odle (0 yeer. Ir changee have been or if anspension or abaudoanent exceeds one (1F year, be Paid for a new permit. s. M week of any cancer ehall he done that will change the natural flow of water causing a drainage problem, 5. Contractor shall notify the Building Inspector twnty~tour tea) bourn in ad agetfo i61l inspection; and shalt receive written approvals on inepaetien card befdta proceeding with auxassive p d. The iaauance of a permit or the approval or drawings and SpeCbficationa shall not he Canal d W be a P Mit for, nor an approval of, any viola Pfif the proviaiona of the building cedes or any other ordinnnoa, law, rule or Tequlatlon. {sll plan review is Lui+l k ield 17. ion%. yignature of Chief Building of d3^//// tlaCn .INSPECTION REQUEST LINE: (303)234-5933 BUILDING OFFICE: {303}235-2855 REQUESTS MUST BE MADE BY 3FM ANY BUSINESS DAY FOR INSPECTION THE FOLLOWING BUSINESS DAY. Administrative Variance 1 ] Case No. WA-08-12/Baillie EXHIBIT 6: CITATION Pk dge Dated this 30'" day of June, 2008 Brian Ballile Certified Article Number Kelly Baillie 4826 Wadsworth Blvd 7160 3%1 9844 6338 7575 4826 Wheat Ridge, CO $0033 Warning Notice Please take notice that the Department of Community Development has determined that the property described below is in violation of the Wheat Ridge Code of Laws: 4825 WAswortb Blvd, Specifically, violations existing on such property because of the following conditions and use: SECTION 26-601,(B): FENCES, WALLS AND OBSTRUCTIONS TO VIEW: Divisional fences and divisional walls are permitted in any zone district with the issuance of a fence permit approved by the community development department in accordance with the requirements of this section. A. Permitted fence, etc., heights. Generally, no divisional fence, well or hedge above the height of forty-eight (48) inches shall be permitted within a minimum required front yard, or above the height of six (6) feet in instances not otherwise specified. Decorative, open-type fences which are at least eighty (80) percent open, such as wrought Iron fence, may be permitted up to six (6) feet in height above the elevation of the street within minimum front yards. Woven-wire and chain uric fences are prohibited above forty-eight (48) Inches In front yards. B. Sight distance triangle requkement: 1. No divisional fence, wall, hedge or landscaping, sign, structure, parked vehicle, or other obstruction to view in excess of forty-two (42) inches high, except for permitted landscaping, signs, public utility pates, and approved decorative, open-type fences not in excess of six (6) feet in height, shall be established or maintained within the triangular area bounded by the lot lines and a tine connecting points on each lot line either twenty-five (25) feet from the intersection of such lot lines for local and private streets or fifty- five (55) feet from the intersection of such lot lines for collector or arterial streets. The height shall be limited to thirty-slot (36) Inches at intersections where at least one (1) of the intersecting streets is an arterial or collector (Class 1 through 5 streets) and frontage roads. For corner lots bounded by public streets or private drives with vertical curves and where the application of the standard sight triangle regulations does not provide adequate sight clearance to protect the public safety, the city, shall determine the necessary vertical height clearance and the sight triangle dimensions in order to ensure a safe sight distance. Seallon 26-1004 (A): Each day such a violation exists shall constitute a separate offense, CITY OF WHEAT RIOGE OMMNrrv DEvaOP1AENT 750O W 29th Ave., Wheat Ridge, CO 00033-8001 p. 303.235.2847 f. 301235.2857 emair- intatYitci.wheaWire.co.us webslte: yrym.aivkreatrklce.cn.us suminisiraave variance 12 Case No. WA-08-12/Baillie Any person, firm, corporation or any officer or employee thereof who violates or falls to comply with the provisions of the Wheat Ridge Code of Laws may be subjected to the penalties prescribed iherein_ Each and every day that a violation exists shall be considered a separate offense subject to separate penalties. In appropriate cases, you may have a right to protest the allegations of this notice pursuant to Wheat Ridge, Colorado, Code Subsection 15-7 (1988), When the violation Is abated within the warning notice period, this notice will be dismissed and no further action will be taken on said violation. Should you have any questions regarding this notice or need additional Information, please contact my off" at (303) 235-2847. Thank you in advance far your cooperation. Kristy Shutto Property Inspector Administrative Variance 13 Case No. WA-08-12/Baillie Please consider this due notice to desist and abate the above described violation within fourteen (14) days from the receipt of this notice. Failure to do so may result in a summons being filed with the Wheat Ridge Municipal Court. POSTING CERTIFICATION CASE NO. DEADLINE FOR WRITTEN COMMENTS: cx~e_u.eh-~ add residing at ~2o V v k oN as the applicant for Case No. Public Notice at w(nSa m e 4,r- , tvp OowZ 425zy WeA,,4Sivartlb Blvd W11,o+ (address) hereby certify that I have posted the sign for on this 24-day of CY (bb&K - 20 06 , and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. 3 3 MAP BAILLIE BRIAN 39-232-00-006 BAILLIE KELLY 7008 0150 0003 4502 7385 4825 WADSWORTH BLVD WHEAT RIDGE CO 80033 3319 JEFFERSON COUNTY 39-232-00-001 7pp8 0150 0003 4502 7392 100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 SKJORDAHL MARTIN S 39-232-02-001 7615 W 48TH AVE 7008 0150 0003 4502 7408 WHEAT RIDGE CO 80033 3228 JOHNSON SAMUEL W 39-232-02-052 JOHNSON EMMA ELIZABETH 7008 0150 0003 4502 7415 c/o TREASURER 100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 WILLIAMS AN A P 39-232-01-004 7008 0150 0003 4502 7422 10951 4 T WHEP 80033 GOERKS CHESTER 39-232-99-001 7008 0150 0003 4502 7439 607 6TH AVE INDEPENDENCE IA 50644 MITCHELL RANDY 39-231-08-003 7008 0150 0003 4502 7446 7585 W 48TH AVE WHEAT RIDGE CO 80033 3429 ARVADA PUBLIC EMPLOYEES 39-231-07-023 7008 0150 0003 4502 7453 FCU 7590 W 48TH AVE WHEAT RIDGE CO 80033 3430 LITTELL WILLIAM P 39-231-07-024 7008 0150 0003 4502 7460 460 PEPPER AVE HILLSBOROUGH CA 94010 e~~e I City of Wheatj~idge - COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE October 15, 2008 Dear Property Owner: This is to inform you of Case No. WA-08-12, a request for approval of a variance of 2 feet from the required 4 foot maximum height for a solid fence in a front yard setback resulting in a 6 foot solid fence in the front yard setback on property located at 4825 Wadsworth Boulevard and zoned Residential-Two (R-2). The applicant for this case 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 24, 2008. Thank you. WA0812.doc www.ci.wheatridge.co.us 6~k" N N W 2 OW23 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NW 23 O IW 200 .00 400 FA wx~rq. m DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 O (p li7 N W N O N O N O NN O O O O O 0.. ' N W N N N M Od' N N n O O O O O O M N a N ~ ~ N ~ O cy) i cV ~ N N O N p N p (~7 M O L` 0 M ~ i i n ~ O ~ N O M N N _O n ~ O a~Ga o o p o N o rb ti ~ O u OP t t 0 O A- t ly,'~y,#> O N M a Y~>rn~~ v ON O O O ~ 51 0) ~u,C 7 a a~;yl 6 ~ ~i~ O N O r " "r a~; 1 (Q O O g^ z Al ra t 3 IA UC) a M N 00 O tf) CY) N o O N It CY, no n 69l lLU - - - - - - - - - - - - - - - - - - - - N ~ O O O LO N ~ O O O N i M N ~ ~ N N O CY) N p O O N O O ~ C O ~ O 0 Q O O ~ O ct O O O Vl O N L <t O T N t O N O O O Q O ~ a N N O O N M C - - _ _ _ - _ i1 L69010bS 'dMH 1S L9KLlt r---- 'AMH '1S , +x q S~ FL.. W n x, co Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-Up: A0812 _ Quarter Section Map No.: NW23 Baillie { Related Cases: Kelly & Brian Case History: ence height variance ame r _ . 825 Wadsworth Blvd , Review Body: dm heat Ridge, CO 80033 _ 303 906 1987 'APN' 39-23200-006 same 2nd Review Body: 2nd Review Date: ;area Decision-making Body: _825 Approval/Denial Date: ! adsworth Boulevard heat Rid e, CO 80033 Reso/Ordinance No.: Conditions of Approval: Hirt ctwe District: II Date Received: 1018508 Pre-App Date: I CITY 'OF 'WHEAT RIDGE 10/08/08 10:39 AN cdha Kelly Dailllie RECEIPT NO,.CDA000818 AMOUNT FN5D ZONING APPLICATION F 200.00 Z01ie PAYMENT RECEIVED AMOUNT CK 6939 200.00 TOTAL 200.00 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Applicant", 3441\) t ✓k'(-i GAddress 4 52-S VVe4ASWDVtV' Phone City State GO Zip J~DD33 Fax_ Owner S-ft&`e.- & Amv;F-, Address City State 01Cy( Phone Fax Contact Y-PA . -k->,i Address At~`j \Jy9MY VV aA1rN Phone 0 1 City State C.t7 Zip X733 Fax IfQ jK (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 buU 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 kd Variance/Waiver (from Section ) ❑ Other: AAKA*0 Detailed description of request: tai lk &InQ Q SAY P kNctk- ! }z E Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage): Proposed Proposed 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 from the owner which app action on his behalf. Signature of Subscribed and f o n Y~" t~ S( 4y of CZ,7~612en 20 p_~_ I1~Qmission expires j/~/1G r To To be filled out by staff: Date received 11! V-16 d Fee $ a+0-'0--Receipt No. &M-Weg& Case No. OJ - O r'-/ ~2- Comp Plan Desig. Zoning '~O- Quarter Section Mapp3 Related Case No. Pre-App Mtg. Date Case Manager A-7- ocT-00-08 03:23 PMn- MowERs 303 9e9 0104 P. OZ 7' 3 /Cd. 0 - c~ A, e PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by CHARLES ALBIN CLARK, as Personal Representative of the Estate of FERN E. LUMSDEN, deceased, Grantor, to BRIAN BAILLIE and KELLY BAILLIE, as joint tenants with right of survivorship, whose address is 4825 Wadsworth Blvd., Wheat Ridge, Colorado 80033, Grantees; and WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated January 22, 1996, which Will was duly admitted to informal probate on January 26, 2007, by the District Court in and for the County of Jefferson, and State of Colorado, Case No. 07 PR 0094; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on January 26, 2007, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the power conferred upon Grantor by C.R. S. 1$- 12-71 1, and for the consideration of Two Hundred Twenty Thousand and no/100 Dollars ($220,000.00), Grantor sells and conveys to Grantees all of Grantor's right, title and interest in and to the following real property in the County of Jefferson, State of Colorado: SEE ATTACHED EXHIBIT A also known by street and number as 4825 Wadsworth Blvd., Wheat Ridge, Colorado 80033, with all appurtenances, subject to easements, covenants, restrictions, reservations and rights of way of record, and subject to general property taxes. Executed , 2007. ICES ALBIN CLARK, as Personal Representative of the Estate of FERN E. LUMSDEN, deceased acknowledged before me this day of Witness my hand and official seal. STATE OF CO ORADO ) ss. COUNTY OF e foregoing instrument was ` h 2007, by CHARLE , S ALBIN CLARK, as Personal Representative of the Estat of FERN E. LUMSDEN, deceased My commission expires: /40310`' NotT Pu R $11-00 $22.00 II~IIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIII~I~IIIIIIII'1~. D 20070432 PRD 04/17/2007 11:20:06 AM 2 Page(s) Jefferson County, Co Lorado j, a Property appraisal system Property r f r . 0-20 Information ~ r . Previous 2 OF 986 Next Page 1 of 1 GENERAL INFORMATION Schedule: 026394 Parcel ID: 39-232-00-006 Print Help Status: Active Property Type: Residential Property Address: 04825 WADSWORTH BLVD Owner Name(s) WHEAT RIDGE CO 80033 3319 BAILLIE BRIAN Mailing Address: SAME ADDRESS AS PROPERTY BAILLIE KELLY Neighborhood: 2406 - BEL AIRE,HILLCREST HEIGHTS, MELROSE MANOR AREA PROPERTY DESCRIPTION Subdivision Name: - Block Lo[ Key Section Township Range QuarterSection Land Sqft 063 23 3 69 NW 41905 1 Total 41905 Assessor Parcel Maps Associated with Schedule mao39-232 odf Graphic Parcel Mao MaoOuest Location PROPERTY INVENTORY Adjusted Year Built: 1976 Property Type RESID Year Built: 1928 F1---7 Design: 2 Story Improvement Number: 1 Item Quality No. FULL BATH Average 1 MAIN BEDROOM 3 3FIX-3/4 BATH Average 1 SALE HISTORY Areas Quality Construction Sqft FIRST FLOOR Average C 1980 BSMTTOTAL Average 1046 RES BLDG/SHED F 128 COVERED PORCH Average 514 SECOND FLOOR Average C 732 Land Characteristics Traffic Parkway Sale Date Sale Amount Deed Type Reception 04-08-1993 0 Warranty Deed 93047636 09-24-1993 78,000 Special Warranty Deed - Joint Tenancy 9_315_8713 08-02-1995 0 Death Certificate 1`0908387 01-26-2007 0 Letter or Letters 2007043277 04-06-2007 220,000 Personal Representative Deed - Joint Tenancy 2007043278 2008 Payable 2009 Actual Value Total 282,690 Assessed Value Total 22,510 2007 Payable 2008 Actual Value Total 303,390 Assessed Value Total 24,150 Treasurer Information View Mill Levy Detail For Year 201 2008 Mill Levy Information Tax District 3139 County TBA School TBA WHEAT RIDGE TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO.PLAT TBA WHEATRIDGE FIRE DIST. TBA WHEATRIDGE SAN. DIST. TBA WHEATRIDGE W. DIST. TBA Total TBA )81 200711 http://www.co.jefferson.co.us/ats/displaygencral.do?sch-026394&offset=l 10/29/2008