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HomeMy WebLinkAboutWA-04-047500 West 29th Avenue. The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 September 8, 2004 Manuel & Heidi Marfil 2900 Webster St. Wheat Ridge, CO 80033 Dear Mr. & Mrs. Mail: RE: Case No. WA-04-04 Please be advised that at its meeting on August 26, 2004, the Board of Adjustment DENIED your request for a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for property zoned Residential-One A (R-lA) and located at 2900 Webster Street. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, n Kathy F ld Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-04-04 (case file) Building File Bill Mentgen All Trade Services, Inc. PO Box 16323 Golden, CO 80402 \\smci~ g-001\u em\kfield\Kathy\BOA\CORRESP\2004\wa0404d=ial.wpd CERTIFICATE OF RESOLUTION COPY 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 26th day of August. 2004. CASE NO: WA-04-04 APPLICANT'S NAME: Manuel and Heidi Marfil LOCATION: 2900 Webster Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-04-04 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 two letters relevant letters of objection received about the request; 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-04-04 be, and hereby is, APPROVED. TYPE OF VARIANCE: A 3-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Residential-One A and located at 2900 Webster Street. FOR THE FOLLOWING REASONS: The request would result in the reasonable accommodation for a person with a disability. Constructing a garage that allows for direct access into the house from the vehicle would be beneficial to the individual with the disability. 2. The request would not alter the essential character of the locality if constructed of material consistent or blending with the existing house and surrounding area. The request would not be detrimental to the public welfare or injurious to other property in the area. There may be a slight decrease in the supply of light and air; however, addition of an attached garage will eliminate the necessity for the property owners to park their vehicle in the driveway and/or the street which would then also be an obstruction if allowed to continue. Board of Adjustment Resolution WA-04-04 Page two (2) 4. It has been determined that there are no other feasible alternatives for placement of the garage to accommodate the needs of the person with the disability. WITH THE FOLLOWING CONDITION: The materials of the proposed attached garage shall be consistent with the general character of the area, including the surrounding streets, and with existing houses in the surrounding area. 2. The third bay to the north will not be allowed the 3-foot variance. VOTE: YES: ABBOTT, BELL, BLAIR, HOWARD NO: MOLNAR, HOVLAND ABSENT: ECHELMEYER, DRDA DISPOSITION: A request for a 3-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Residential-One A and located at 2900 Webster Street was DENIED based on Chapter 2, Article 3, Section 2- 53(d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. ADOPTED and made effective this 26th day of Au¢ust, 2004. Robert Blair, Chair Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting August 26, 2004 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BLAIR at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29 h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Members Absent Tom Abbott Janet Bell Bob Blair Paul Hovland Bob Howard James Molnar Bill Echelmeyer Paul Drda Staff Present: Meredith Reckert, Sr. Planner Jeff Hirt, Planning Technician Ann Lazzeri, Recording Secretary IUD R AF 7 The following is the official set of Board of Adjustment minutes for the public hearing of August 26, 2004. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this time. 4. PUBLIC HEARING A. Case No. WA-04-04: An application filed by Manuel and Heidi Marfil for approval of a 3-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Residential-One A and located at 2900 Webster Street. The case was presented by Jeff Hirt. He advised the Board there was jurisdiction to hear the case. He entered all pertinent documents into the record which were accepted by Chair BLAIR. He reviewed the staff report and digital presentation and explained that, due to the fact this request is for a 10% or less variance, this request could have been approved administratively. However, since two relevant Board of Adjustment - 1 08/26/04 letters of objection were received, the code requires the case to come before the Board of Adjustment. Staff recommended approval of the variance for reasons outlined in the staff report. Heidi Marfil 2900 Webster Pt IF Mrs. Marfil, the applicant, was sworn in by Chair BLAIR. She stated that the existing single car garage will not accommodate their vehicle (a pickup truck with extended cab) because the fireplace chimney juts into the garage and the garage is too small. They wish to add an attached garage which would allow room to park their vehicle and leave room for her husband to exit the vehicle and enter the house without having to go outside in the elements. Her husband is totally blind and has fallen on the ice while walking outside from the vehicle into the house. The garage would eliminate the necessity of parking their extended cab pickup truck in the driveway. She stated that parking the truck in the driveway presents a greater hindrance to the neighbor's view of the park than would the proposed garage (as this pertains to one of the letters of objection). Bill Mentgen All Trade Services, Inc., Golden, CO Mr. Mentgen, builder for the applicant, was swom in by Chair BLAIR. He submitted photographs into the record for the Board's review. He stated that several options were reviewed for the proposed garage. The garage could not be extended toward the back because of an existing swimming pool and a side-load garage would not provide sufficient turning radius for the truck. The most desirable location for the garage necessitates the need for a 3-foot variance. In response to a question from Board Member ABBOTT, Mr. Mengten explained that interior access is planned from the new garage into the old garage which will be renovated into a laundry and mud room. He also explained that once the garage is built, the entire house and garage would be finished with traditional stucco. In response to a question from Board Member MOLNAR, Mr. Mentgen stated that no consideration has been given to removing the above-ground swimming pool in order to make room for the garage. In response to a question from Board Member HOWARD, Mr. Mentgen stated that he has planned to build a three-car garage in order to allow sufficient room for Mr. Marfil to have a clear path into the house and allow storage space for lawn equipment, etc. There would also be space for a second car. Chair BLAIR asked when staff became aware of the applicant's plans to build a three-car garage. Mr. Hirt stated he was not aware of those plans until this Board of Adjustment - 2 - 08/26/04 meeting; however, there is sufficient room to build a 3-car garage within the required side yard setbacks. In response to questions from Board Member ABBOTT, Mr. Mentgen and the applicant stated that they would be willing to leave the third bay of the garage within the 30-foot setback. Chair BLAIR asked if there were any present who wished to address the Board. The following individuals responded: AFT Jan Croom 2910 Webster Ms. Croom was sworn in by Char BLAIR. She lives next door to the applicant. She stated that the three-foot variance would block her view to the park. She also objected to plans for a three-car garage and the stucco finish. Board Member ABBOTT asked Ms. Croom if she would still object if the third bay is built within the setback requirement. Ms. Croom replied that it would make no difference in her objection. Board Member BELL suggested that the truck being parked in the Marfil's driveway presents a greater obstruction to Ms. Croom's view than a three-foot variance would present. Ms. Croom replied that the truck isn't always parked there. Suzanne Wilson 2915 Webster Ms. Wilson was sworn in by Chair BLAIR. She expressed her objection to the application. She stated her belief that the addition of the garage and the stucco finish will diminish property values in the neighborhood of brick homes. Jeff Hirt submitted photographs from the applicant which depict other homes in the immediate neighborhood (on Webster and Vance). Some of these homes have finishes other than brick. Board Member ABBOTT clarified that the applicant has the legal right to build a three-car garage and apply a stucco finish. The Board's only authority is to determine whether or not to allow the three-foot variance. Linda Eckerds Green Mountain Ms. Eckerds was sworn in by Chair BLAIR. She commented that her neighborhood consists of brick homes. Some homeowners are updating their homes with stucco finish which she believed improved and updated the neighborhood. Board of Adjustment - 3 - 08/26/04 Suzanne Wilson returned to the podium to say there is no comparison between their neighborhood and Green Mountain. She also commented that changing a brick house to a stucco house is a big waste. Chair BLAIR commented that the house directly east of the applicant has a stucco finish. Board Member ABBOTT inquired about the depth of the garage. Mr. Mentgen stated the garage depth is planned to be approximately 21.7 feet. The common depth for garages on new homes is 24 feet. He commented that larger garages are required to accommodate larger vehicles that are popular today. Board Member HOVLAND reminded those present that the Board's Authority extends to the front yard setback variance only and not the finish of the house, etc. Board Member ABBOTT asked if the garage addition could be extended into the existing garage to eliminate the need for a variance. Mr. Mentgen stated that every engineering calculation failed with this scenario because it would necessitate removal of a structural wall. He also stated that he studied every possibility to avoid the necessity of asking for a variance. R In response to a question from Board Member HOVLAND, Mr. Mentgen stated that it is necessary to have at least five feet between the garage and swimming pool for excavation purposes. Board Member HOVLAND commented that it seemed the inconvenience has been caused by the swimming pool. Board Member ABBOTT suggested that the swimming pool could be moved. Meredith Reckert commented that the builder is attempting to provide the closest path to the indoor garage entrance for Mr. Marfil. Board Member BELL commented that she did not believe three feet would constitute a major barrier to the neighbor's view adjacent to West 29"' Avenue. There would still be a 27-foot setback to the street on one side. The side yard would still have a 10-foot setback. Further, one of the major issues in the request is to accommodate a person with a disability. For these reasons, she stated her support for the application. Upon a motion by Board Member BELL and second by Board Member ABBOTT the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment - 4 - 08/26/04 Whereas, Board of Adjustment Application Case No. WA-04-04 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 two relevant letters of objection received about the request; 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-04-04 be and hereby is approved. Type of Variance: A 3-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Residential-One A and located at 2900 Webster Street. For the following reasons: r% PR T U 1. The request would result in the reasonable accommodation for a person with a disability. Constructing a garage that allows for direct access into the house from the vehicle would be beneficial to the individual with the disability. 2. The request would not alter the essential character of the locality if constructed of material consistent or blending with the existing house and surrounding area. 3. The request would not be detrimental to the public welfare or injurious to other property in the area. There may be a slight decrease in the supply of light and air; however, addition of an attached garage will eliminate the necessity for the property owners to park their vehicle in the driveway and/or the street which would then also be an obstruction if allowed to continue. 4. It has been determined that there are no other feasible alternatives for placement of the garage to accommodate the needs of the person with the disability. 1. The materials of the proposed attached garage shall be consistent with the general character of the area, including the surrounding streets, and with existing houses in the surrounding area Board of Adjustment - 5 - 08/26/04 Board Member ABBOTT offered a friendly amendment to add a condition that the third bay to the north not be allowed the 3-foot variance. This condition was accepted by Board Member BELL. In response to a question from Chair BLAIR, Board Member BELL explained that, while driving through this neighborhood, she observed that it is not an entirely brick neighborhood. There is brick, a combination of materials, wood or clapboard and stucco finishes. The motion passed 4-2 with Board Member HOVLAND and MOLNAR voting no and Board Members ECHELMEYER and DRDA absent. Chair BLAIR advised the applicants that their request for variance was denied. Mrs. Marfil asked if a side-loading garage could be built as long as it is within required setbacks. She was advised that this would be permissible. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion of the meeting. t. (Chair BLAIR declared a brief recess at 8:45 p.m. The meeting was reconvened at 8:55 P.M.) 6. OLD BUSINESS Jeff Hirt responded to a question raised at the last Board meeting regarding a variance granted in 1982 per Case No. WA-82-37 to build a carport. Upon investigation, it was found that a subsequent variance had been granted in per Case No. WA-84-31 to allow the carport to be enclosed and converted to a garage. It was determined that staff followed the appropriate steps in allowing the garage to be in its current state. NEW BUSINESS • Approval of Minutes - It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to approve the minutes of July 22, 2004 as presented. The motion passed unanimously. Board Member HOWARD referred to the northwest corner of 46d' and Harlan. He expressed concern that there is less than the 1500-foot separation between car lots at this location. Meredith Reckert stated that, following proper procedures of holding neighborhood meetings and posting, an administrative decision was made to allow less than the 1500-foot separation via a special use permit. 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Box 16323 Phone: (720)989-5440 Golden, CO 80402 E-Mail: ali radesinc@earthlinicnet 9 r x ro SE ~ ~ 4 2 g CO All Trades Services, Inc: General Contracting, Remodeling & Design Services P.0- Box 16323 Phone: (720)989-5440 Golden, CO 80402 E-Mail: alltradesinc@earthlinknet PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT August 26, 2004 Case No. WA-04-04: An APPLICATION FILED BY Manuel and Heidi MarFl for approval of a 3-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Residential-One A and located at 2900 Webster Street. Name Address o' In F lavor/Opposed l/cc ti m TO: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME: WA-04-04/Marfil DATE OF MEETING: August 26, 2004 ACTION REQUESTED: Approval of a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for property zoned Residential-One A (R-lA). LOCATION OF REQUEST: 2900 Webster APPLICANT (S): OWNER (S): APPROXIMATE AREA: Manuel and Heidi Marfil Manuel and Heidi Marfil 11,335 square feet (.26 acres) PRESENT ZONING: Residential-One A (R-IA) COMPREHENSIVE PLAN: Single Family Detached Residential (Not to exceed 4 du's per acre) ENTER INTO RECORD: O COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION O SUBDIVISION REGULATIONS Location Map H U) R-1A W W U cn z co w > R-2 SUBJECT PROPERTY R-2 29TH AVENUE {R-2 Board of Adjustment 1 Case WA-04-04/Marfil 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 2900 Webster and has Residential-One A (R-lA) zoning. There is a single-family dwelling on the property that was originally constructed in 1954. There is no covered parking or carport that can be used on the property now. The existing garage is utilized as garage space, however it is too small for the property owner's vehicle to fit into. Part of the proposed remodeling and additions to the house show the existing garage space as being office space and a laundry room. The applicant, Manuel and Heidi Marfil, request approval of a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for the purpose of constructing an attached garage (See Exhibit 1, Application, Exhibit 2, Site Plan). The applicant and contractor have expressed that there are no other feasible alternatives for placement of the garage, and that the garage would accommodate an individual with a disability (Exhibit 3, Letter of Request, Exhibit 4, Applicant Letter). II. SITE PLAN The property is 11,335 square feet, or.26 acres. The property measures 115.25 feet wide along Webster Street with a depth of 98.35 feet along 29h Avenue (See Exhibit 5, Improvement Location Certificate). The property is currently zoned Residential-One A (R-lA) making it subject to the development standards of that zone district. R-lA development standards include a 30 foot minimum front yard setback, 10 foot minimum side yard setback and a 15 foot minimum rear yard setback. The R-lA development standards also specify that any side or rear yard which abuts a public street must have a minimum 30 foot setback for all structures. As this property is a corner lot, it is subject to this stipulation for the side yard (south side) abutting 29`s Avenue. Aside from this specific variance request, all other development standards have been met. Per the Code of Laws, the director of community development can approve or deny variance requests of 10 percent or less from the development standards administratively (without a public hearing). This can be done provided that adjacent property owners have been notified by letter and posting of the site of at least 10 days, and that no relevant objections have been received in writing during such 10 day period. This variance request is for 3 feet from the required 30 foot front yard setback, making it a request of 10 percent thus qualifying it for administrative approval. However, there were two relevant letters of objection received during the 10 day public notice period (See Exhibit 6, Letters of Objection), therefore this request is required to go to the Board of Adjustment. The area surrounding the property in question for the variance consists of primarily single-family dwellings. The majority of the homes have attached garages, some one car and some two car garages. Adjacent properties include single-family dwellings to the north, west and east, as well as a city park to the south across 29m Avenue. There do not appear to be any front yard setback encroachments in the surrounding area, and no comparable variances have been granted for properties in the surrounding area either. Board of Adjustment Case WA-04-04/Marfil IL 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 would have a minimal effect on the essential character of the locality. The requested variance of 3 feet is small enough to where the size of the structure would not have a negative impact on the area. The applicant has expressed intent to construct the garage to be consistent with the neighborhood (See Exhibit 4, Applicant Letter). 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 shape or topography that render any portion of the property in question unbuildable. The property in question is rectangular in shape and flat. It is, however, a corner lot. All structures on a corner lot must adhere to 30 foot setbacks on each side abutting a public street. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicants have created their own hardship by requesting a variance from the R-IA development standards, and constructing and proposing the construction of improvements that restrict the ability to place a garage to be in conformance with development standards. However, it has been determined that there are no other feasible alternatives for the placement of such a structure. There is an existing swimming pool on the north side of the property which restricts the ability to construct an attached garage onto that side of the house to be in conformance with the front yard setback requirement. Part of the proposed additions to the house include not only the attached garage, but an addition on the east side of the house (rear of the property). This proposed addition would not allow adequate room for a garage in the rear of the house to be in conformance with the 30 foot side yard setback requirement when adjacent to a public street. 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 may be a slight decrease in the supply of light and air as the proposed attached garage will add mass onto the house. However, the addition of an attached garage will eliminate the necessity for the property owners to park their vehicle in the driveway and/or the street. The request would not substantially increase the congestion in public streets, increase the danger of fire or endanger the public safety. Property values should not be impacted as a result of this request. Board of Adjustment Case WA-04-04/Marfil 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. A slight benefit to the neighborhood may occur with the likely elimination of a vehicle or vehicles parked in the driveway and/or street. Granting of the variance would result in a reasonable accommodation of a person with disabilities. One of the property owners is disabled (blind). Constructing the garage where proposed would allow the disabled individual direct access into the house without having to walk outside to enter the house from the vehicle. The applicant has stated that this is difficult for the disabled individual particularly in adverse weather conditions. III. 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 would result in a reasonable accommodation of a person with a disability. Constructing a garage that allows for direct access into the house from the vehicle would be beneficial to the individual with the disability. 2. The request would not alter the essential character of the locality if constructed of material consistent with the existing house and surrounding area. 3. The request would not be detrimental to the public welfare or injurious to other property in the area. There may be a slight decrease in the supply of light and air, however addition of an attached garage will eliminate the necessity for the property owners to park their vehicle in the driveway and/or the street. 4. It has been determined that there are no other feasible alternatives for placement of the garage. With the following condition: 1. The materials of the proposed attached garage shall be consistent with the existing house and surrounding area. Board of Adjustment 4 Case WA-04-04/Marfil 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 HC- / C) 1 M)9 R F L Address Z ?00 W~~S~/L S T Phone 3y3- 237-Sy5/ City "'~-AT- )Z%D6L State -c, Zip Bc)o33 Fax ew& Owner 4NUELa NC-1 1M11/Cct Address 2`(00 We_~jsT~/L ST Phone363-238-51/5/ City w M/_=`4 124 0Gr- State Lo Zip ga<i 33 Fax Contact r3A-L [~1L'NC~C/y AddressY~&x 163X3 Phone72o-(.q/-2o6o City OGrJ State e_o Zip ~o {p2 Fax 3o~-y2y-3293 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): 2 o(OC~ C-JL-8STE2 S% W~ 7-21D6E C0, CO?J 33 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 XVariance/Waiver (from Section Z 6 -//S. C ) ❑ Other: Detailed description of Mtvolz I/A /U 4 :T ~7 v.>(n cl- 1 -y5eTonlSr A41Fi-HE1Z ~Ue-D vtORh', Required information: Assessors Parcel Number: Size of Lot (acres or square footage): I I33`/. 8 Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attomey from the"r which approved of this action on his behalf. Signature of Applicant ,,~6OTARy. %Bulp To be filled out by staff: Date received Comp Plan Desig. Related Case No. My Commission Notes 04/7 Fee $o2~.GO Receipt No. ~ Zoning /,4- Pre-App Mtg. Date day of ,)UIV4- 200 aiy Public a commission expires flZ/",0V Case No. tl/14"071-017 Quarter Section Map S a~ Case Manager N 3 Z 2 L> ~ V O ❑ m' td W D r~i r ❑ / ^ V J z r~ ~ m K 1 I $ q /TA r~ Ill lll 0 V / tl ~ /TI I MgB F9 E YY m I I x ~ z H N n a r m 29th _ A'VE D Am~ nm k All Trades Services, Inc. General Contracting, Remodeling & Design Services Box 16323 Phone: (720)98&5440 P O ~ ~ . . Golden, CO 80402 E-Mail: alltradesinc@earthlink.net EXHIBIT 3 P. 0. ox 123 olden, Colomdo 80402 All 7tiMes % vicm Imi. G June 24, 2004 Community Development Department City of Wheat Ridge 7500 West 2e. Ave. Wheat Ridge, CO. 80033 Dear Sir or Madam This letter is a request for a minor variance for the property located at 2900 Webster Street, Wheat Ridge Colorado, 80033. Current front lot line set back is 30 feet The proposed garage addition will encroach 3 feet (10%, minor variance) into the set back This is needed to allow the current home owners vehicle to fit into the garage. The current home owner is disabled (blind). The garage addition with some additional remodel will give the home owner clearer access to and from the home. Two other garage addition plans were considered but neither would work; one due to the location of the swimming pool, the other because of too tight of a turning radius for a side load garage. This minor variance would not impact the physical surrounding, shape or topography of the property or the surrounding properties. This hardship was in no way created by the current home owner. The granting of this minor variance would not be detrimental to the surrounding properties, public welfare or neighborhood improvements. The granting of this minor variance will allow accommodation for the current home owner and add value to the property. Sincerely, William P. M tgen President, All Trades Services Inc. EXHIBIT 4 Community Development Dept City of Wheatridge Dear Sir or Madam My name is Heidi Marfil, I live at 2900 Webster st. with my husband Manuel. I work as a registered nurse at St. Joseph Hospital, my husband works as a massage therapist at the downtown YMCA. We purchased our home in April 1999. One month later we were married in the back yard. We love and respect our neighborhood, we love our home. We recently applied for a minor varience for a proposed garage addition, unfortunatly 2 letters were recieved by your office voicing concern about the proposed addition. I would like to explain some of the reasons this garage would be a big asset in our lives. My husband is blind, he has no sight whatsoever. The garage we now have will not accomodate our truck. It is both too narrow and too short. There is a chimney on the side of the house that makes entering the garage nearly impossible. Even with a small car. We can not build the garage further back onto the property as a swimming pool is located there. We now park in the driveway and my husband enters the house through the front door. He either walks across the front yard or uses the covered porch. When the weather is bad he has frequenly twisted his ankles, lost his balace and even fallen severely on more than one occasion. This hurts not only his body but his dignity. Even when he uses the covered porch there is still a 5 foot section of concrete with steps he must cross to get to the porch. The concrete is very icy in the winter. With the proposed garage there would be an entrance directly into the house. My husband would have access to the house without being exposed to the elements. We would never build any thing that would be detrimental to our neighborhood. We value this lovely old neighborhood and would build in keeping with its values. I am enclosing some picture with this letter to show some of the diversity to be found on our street. Most houses already have two car garages, many have additions. Sincerely Manuel and Heidi Marfil EXHIBIT 5 stn o~o . m~ N 2 u x ~fa - ~ S h 'o a m F *WS7D? smEEr - - - - - 1 rr I N ~ 1 II e t it ~ N 1 II I m , N < o - d g 11 °q y ~ II 1 p ti 1 1 I 4 It q v Fig] 'o RRN N ;F 1 Rig 1111 0 11ga T 4w ip C s 9 EXHIBIT 6 CO, kC2~3 -that ~ C!, ..0200 LV -17Z Q 14 4.1/ Eli - ~sC/1~~ ~~2~ 7 V Q 0 ~ HO ` ~eD2 tt~, 9'm 2D W U96 mfr aK Off" i =Dpr wy0 2 2 AU c \v W 1 10. O ~s N ~O vy O N ~ H n O ~rnB O w City of Wheat Ridge ~oF "HEgT~ Community Development Department m Memorandum CMG ORA00 TO: File FROM: Jeff Hirt, Planning Technician SUBJECT: WA-04-04 DATE: August 25, 2004 Per a discussion with Chad Root (Chief Building Official), the typical dimensions of a new two car garage are 24' X 24'. If the applicants were to build the garage to be in conformance with the front yard setback, it would result in an approx. 18' X 20' garage, which in his opinion would not be sufficient space. Parking dimensions per the code (90 degree, full size cars) is 8'6" X 18', which would equal a 17'X18' garage. POSTING CERTIFICATION CASE NO. V0 - (1 61 PLANNING COMMISSION / CITY COUNCIL / BOARD OF N TM;4T (Circle One) HEARING DATE: 1, 1101 (name) residing at c ~ D Ct]e%s e% s~ (address) as the applicant for Case No. W A 4 .04- , hereby certify that I have posted the Notice of Public Hearing at t,k ( 504) t t (Io.cation) on this aC day of Avs,~ s 20_L~_, and 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. 51 v-4j MAP e:\planning\fomslposdngcert Rev. 111103 S x ~ N POSTING CERTIFICATION CASE NO. 0 D PLANNING COMMISSION / CITY COUNCIL / 130 ~ ADJiJSTM T (Circle One) HEARING DATE: (name) residing at X700 G~~hSfE< (address) as the applicant for Case No. Wp -9 4 -04- , hereby certify that I have posted the Notice of Public Hearing at {ei7ce T~Gih~ Cj~65Yer lElis~~ (location) on this day of A~ 2,5-e 20 c> y , and 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: G 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. eAplanningWorms\postingeert Rev. 111103 M A P v 3 S r s r ~ S ~ ~ D~St V 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 August 26, 2004, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. WA-04-04: An application filed by Manuel & Heidi Marfil for approval of a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for property zoned Residential-One A (R-lA) and located at 2900 Webster Street. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To be published: Wheat Ridge Transcript Date: August 12, 2004 : MetroScan / Jefferson (CO) Owner :Bell Esther H Parcel 021594 UWC _J91 1 / Site :2935 Vance St Wheat Ridge 80033 va^__' Mail :2935 Vance St Wheat Ridge Co 800337003 2260 0003 1175 7983 Use :1112 Res,Improved Land one Bedrm:3 Bath:1.00 TotRm: YB:1954 Pool: B1dgSF:1,025 Ac: MetroScan / Jefferson (CO) • Owner :Edelen Donald W Parcel :021850 - Site :2935 Webster St Wheat Ridge 80033 Xferarl •nzr~~t'°°~ Mail :2935 Webster St Wheat Ridge Co 80033 7003 2260 0003 1175 7990 Use :1112 Res,Improved Land Bedrm:3 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,072 Ac: MetroScan / Jefferson (CO) • Owner :Wilson Donald L Parcel :021854 Site :2915 Webster St Wheat Ridge 80033 Xfered :04/04/1996 Mail :2915 Webster St Wheat Ridge Cc 80033 7003 2260 0003 1175 8003 Use :1112 Res,Improved Land Bedrm:5 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,241 Ac: MetroScan / Jefferson (CO) Owner :Lorenzen Philip R Parcel :022160 ~F^_..a . m irn li anti Site :2920 Webster St Wheat Ridge 80033 7003 2260 0003 1175 8010 Mail :2920 Webster St Wheat Ridge Co 80033 Use :1112 Res, Improved Land P Hone Bedrm:3 Bath:1.75 TotRm: YB:1955 Pool: B1dgSF:1,974 Ac: * • MetroScan / Jefferson (CO) • Owner :Puckett Johnathan C Parcel :022506 Site :7425 W 29th Ave Wheat Ridge 80033 Xfered :06/30/1999 Mail :7425 W 29th Ave Wheat Ridge Cc 80033 7003-2260 0003 1175 8027 Use :1112 Res,Improved Land Bedrm:3 Bath:1.00 TotRm: YB:1904 Pool: B1dgSF:1,120 Ac: * • MetroScan / Jefferson (CO) Owner :Tiernan Ions A Parcel :022786 Site :7380 W 29th Ave ( No Mail ) Wheat Ridges onr`" Vc---A .n~1n~/~nnZ Mail :7360 W 29th Ave ( No Mail ) Wheat Ridg 7003 2260 0003 1175 8034 Use :1155 Vacant,Residential Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac:.09 MetroScan / Jefferson (CO) Owner :Marfil Manuel Parcel :022797 Site :2900 Webster St Wheat Ridge 80033 Xfered :03/25/1999 O Nc.LFlIn49W Mail :2900 Webster St Wheat Ridge Cc 80033 7003 2260- 0003 1175 8041 Use :1112 Res, Improved Land - Bedrm:3 Bath:2.00 TotRm: YB:1954 Pool: B1dgSF:1,167 Ac: * • MetroScan / Jefferson (CO) • Owner :Montoya Frank H Sr Parcel :022875 Site :2905 Webster St Wheat Ridge 80033 7003 2260 0003 1175 8058 Mail :2905 Webster St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.75 TotRm: -YB:1955 Pool: B1dgSF:1,167 Ac: MetroScan / Jefferson (CO) • Owner :Croom Janice K Parcel :022877 Site :2910 Webster St Wheat Ridge 80033 Xfered :11/09/1998 Mail :2910 Webster St Wheat Ridge Co 80033 7003 2260 0003 1175 8065 Use :1112 Res,Improved Land Bedrm:3 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,398 Ac: * • MetroScan / Jefferson (CO) • * Owner :Chwialkowski Ted Parcel :022878 OIVCLI9JWFC1 Site :2915 Vance St Wheat Ridge 80033 Mail :2915 Vance St Wheat Ridge Co 80033 7003 2260 0003 1175 8072 Use :1112 Res,Improved Land one Bedrm:2 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,454 Ac: • MetroScan / Jefferson (CO) * . _ Owner -City Of Wheat Ridge Parcel :188123 Site 00 W 29th Av at Ridge 80033 Xfered :12/01/1985 P)..-~aFC+ Mail :750 Ave Wheat Ridge Co 80033 Price 0 Use Ex t,Political Sub,Land Phone s~ o rm: Bath: TotRm:l YB:1977 Pool: B1dgSF:31,385, d4.b22004 Co Information compiled from various sources. Real Estate Solutions makes no representations Pv/ or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 August 12, 2004 Dear Property Owner: This is to inform you of Case No. WA-04-04 which is a request for approval of a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for property zoned Residential-One A (R-1 A) and located at 2900 Webster 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 August 26, 2003, 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-d-mg-00 1\users\Ueld\Kathy\BOA\pubno5ce\2004\wa0404.wpd cc 2 06-005 ! 0 0 (z 07-003 (D 0 (C 07-010 . I cc o 08 003 ' I v D I 06-001 (102.50') CO. ($)I 01') (95 (101.71' Z1 0 98.52' 4< 02.50 ~I m i 2 .71 mj .52') T1 (nj 4 ka, vro.'o 06-004 r WI o 07-004 • c 07-009 9 08-004 q -t 00' v (101 I 94.50') 102 80' I (98.20') . I (102 80') 1 I v 06-003 c cc 07-005 i co 0 cc 07-008 to a N 08-005 N 100.80' i 94 20' 103 50' (9800') j (9420') (103 50') j 06-002(o j 07-006 rn 07-007 j 08-006 00 7/ I W ti a ° ~ ~ I w I ~ I 301.80' (34 5(R8 M)00') (17(9M'PO') (49 Oa) 5 00') j (18(mQ`J$ W90 ------29TH AVE ( ' 1 ~ - 6 13-015 ° Lfi N 0 15 001 N N N -0c 1 ' - 11.) 2 2 98.70 , qq C? 1 3-0 13-007 W w 13- (28900') 5 0 ' 75 70' 76 (31400') r' I 15-001 I ' 9) Q2 I N W I 14-008 14- I 46 (74.50' (73 ] j .5 City of Wheat Ridge 04"00 Community Development Department Memorandum TO: Applicant ; File FROM: Alan White, Director of Community Development SUBJECT: WA-04-04 DATE: July 7, 2004 Case No. WA-04-04 is an application by Manuel and Heidi Martel, to request an administrative variance; a 3 foot front yard setback variance to the 30 foot front yard setback requirement resulting in a 27 foot front yard setback in the Residential-One A (R-lA) zone district on land located at 2900 Webster Street. Pursuant to Section 26-115(C) of the City of Wheat Ridge Code of Laws, the Zoning Administrator is empowered to decide upon applications for a minor variance or waiver (10% or less), without requirement of public hearing, provided that the following conditions are met: 1. The variance or waiver does not exceed ten percent (10%) of the minimum or maximum standard; and 2. That the Director of Community Development finds that the "findings of fact," as set forth below, are substantially complied with and support the request; and 3. The Director of Community Development has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received in such ten-day period; and 4. That no additional dwelling units would result from approval of such variance or waiver; and 5. That the limitations of Charter Section 5.10.1. are not exceeded. If all the conditions above are met, the Director of Community Development may issue an administrative variance provided the findings of fact below are met: Findings of Fact: The Director of Community Development shall decide upon a request for a variance or waiver, and shall base his decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: 1. Can the property in question yield a reasonable return in use or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? 2. If the variation were granted, would it alter the essential character of the locality? 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? 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? 6. If criteria one through five are found, then would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? Pursuant to Section 26-115(C) of the City of Wheat Ridge Code of Laws, administrative variance requests cannot be approved if any objections are received in writing and directly related to concerns regarding the variance request during the ten day posting period. Two letters of objection were received by the Community Development Department during the ten day posting period. The objections were specific to numbers 2 and 5 of the "Findings of Fact" criteria for variance requests. The objections were related to altering the essential character of the locality, as well as impairing the adequate supply of light and air to adjacent property. This request for an administrative variance does not meet all applicable criteria as required by Section 26-115(C) of the City of Wheat Ridge Code of Laws. Case No. WA-04-04 is hereby: ❑ APPROVED Ltd DENIED ❑ WITH CONDITIONS: ❑ WITHOUT CONDITIONS Zoning Administrator (Date) POSTING CERTIFICATION CASENO. (WA-O¢-Op PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) l HEARING DATE: Jy i Y 2 00 4- 6e oS o f (0 c4- re f,oo~> I, 0T1, m e residing at 6L,)e16 57'e-1- L-~4 (address) as the applicant for Case No. W A " 04 - 0 + , hereby certify that I have posted the Notice of Public Hearing at ~!d eugLIC [~(,A-1N6, fYalWr`n(S9Yu~ l/tivG~rcP (location) on this day of , 20, and do hereby certify that said sign has been posted and remained in place for fifteenxdays prior to and including the 10 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 eAplanni ng\fonns\postingcert Rev. 1/1103 POSTING CERTIFICATION CASE NO. WA-0¢-04- PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) (n a m residing at ;;q / 00 e)~t (address) HEARING DATE: J t/ 1~ rQ ~d as the applicant for Case No. W A -0 4 - 0 ¢ , hereby certify that I have posted the Notice of Public Hearing at VO fV61-1C PfAK1R/6r ~ I fi cP Ua,'r ctk?q (location) on this day of , 20 , and do hereby certify that said sign has been posted and remained in place for fifteen ('days prior to and including the t0 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 ro d ~r pos>s 7 1 VeK, ~d) e:lpianning\forms\postingeert Rev. 111103 MetroScan /Jefferson (CO) Owner :Wilson Donald L Parcel :021854 Site :2915 Webster St Wheat Ridge 80033 Xfered !n4/n4/1996 Mail :2915 Webster St Wheat Ridge Co 80033 7003 2260 0003 1175 7686 Use :1112 Res,Improved Land Bedrm:5 Bath:1.75 TotRm: YB:1954. Pool: BldgSF:1,241 Ac: . MetroScan / Jefferson (CO) • Owner :Puckett Johnathan C Parcel :022506 3-Site :7425 W 29th Ave Wheat Ridge 80033 7003 2260-'0003--1175 7679 Mail :7425 W 29th Ave Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Phone :303-237-7497 Bedrm: Bath:1.00 TotRm: YB:1904 Pool: B1dgSF:1,120 Ac: : MetroScan / Jefferson (CO) • Owner :Marfil Manuel parcel :022797 Site :2900 Webster St Wheat Ridge 80033 7003 2263 00,003 ^^n Mail 2900 Webster St Wheat Ridge Cc 80033 1175 7662 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:2.00 TotRm: YB:1954 Pool: BldgSF:1,167 Ac: MetroScan / Jefferson (CO) • * Owner :Montoya Frank H Sr Parcel :022875 tf Nr-i-AF)#)SD Site :2905 Webster St Wheat Ridge 80033 Mail :2905 Webster St Wheat Ridge Cc 80033 7003 2260 0003 1175 765 Use :1112 Res,Improved Land one Bedrm:3 Bath:1.75 TotRm: YB:1955 Pool: B1dgSF:1,167 Ac: • MetroScan / Jefferson (CO) • Owner :Croom Janice K Parcel :022877 Site :2910 Webster St Wheat Ridge 80033 7003 2260 0003 1175 7648 Mail :2910 Webster St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land - Phone Bedrm:3 Bath:1.75 TotRm: YB:1954 Pool: BldgSF:1,398 Ac: MetroScan / Jefferson (CO) • Owner :Chwialkowski Ted Parcel en9sp7p Site :2915 Vance St Wheat Ridge 80033 7003 2260 0003 1175 7631 7 Mail :2915 Vance St Wheat Ridge Cc 80033 , Full r Use :1112 Res,Improved Land Phone Bedrm:2 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,454 Ac: • MetroScan / Jefferson (CO) • Owner : 'ty Of Wheat Ridge Parcel :188123 Site :750'&,W 29th Ave Wheat Pdfe---8-0033 Xfered :12/01/1985 Mail :7500 9th Ave Wh Ridge Co 80033 Price Use :9149 Exemp o ical Sub,Land Phone Bedrm: Bath: tRm: YB: Pool: BldgSF: Ac:9.09 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 The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 June 28, 2004 This is to inform you of Case No. WA-04-04, a request for an administrative variance of 3 feet from the required 30 foot front yard setback resulting in a 27 foot front yard setback for property located at 2900 Webster Street. The applicant is requesting an administrative variance review which allows no more than a ten percent (10%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on July 7, 2004. Thank you. e AplanningVorms\zapubnot.wpd 1 SUB 3- A N 6 007 5 006 ih. Avenue 98.35' ~7 7 98.35' 18 001 012 9835' 98,35' 8 ~ 002 17 Oil - B S ER 9 16 ~ 003 010 10 15 m 004 ® . 11 005 14 008 12 N 0 13 . In N 00T vi - 07 98.33' 98.35' 4 005 ~ 1 I 004 3 a>I 2 003 I r N N 06 1-A 1 v I I~ I PT1 OF L n V 2d 2d 98 33' ad N 08 19 001 98.33 v 2D 002 21 003 22 004 133 56' 23 6-A 012 0 6-8 N 133 56 O11 7-8 °m FREEMA S 010 7-A g 8-A c e . N 8-8 (gU B. °m 009 E 23 n~~ 008 006 ~ 0 L 9 .a N I. 24 v1 10 N OO6 N OOT N 98,35' 133 56' 25 2`• JEFFERSON CO W. 29 th. A 100' 110' 10a O 35 a 2-R 2 -Q 2.-C 1O 015 004 76 32 76 32 76 32' 76.32' 2-M 2-L 2-0 2-P 13 N OOT 008 OO 010 722- 3S t h. * Search Parameters * Jefferson (CO) * 6/28/2004 * 10:39 AM Parcel Number ...7 39 264 15 001 39 264 06 002 39 264 06 003 39 264 07 006 39 264 07 005 39 264 07 007 39 264 07 008 City of Wheat Ridge of ""EgJP Community Development Department Memorandum ~~~ORP~~ TO: File FROM: Jeff Hirt, Planning Technician SUBJECT: WA-04-04 DATE: June 30, 2004 One phone call was received regarding the application for a variance at 2900 Webster Street on June 30, 2004. Janice Croon of 2910 Webster expressed concern about the impact the proposed garage (encroaching 3 feet into the front yard setback) will have on her view of the park. Residential Worksheet (SF/Duplex) Submittal requirements: Copy of Deed 0 Site Plan (to scale) Elevations Address: pp7, q oo V10f °cr 3 Zoning: f _ IA Use: Sr" Lot Size: 11134- sq. ft. Lot Width Property in the flood plain? (✓D I1r'Z'r ft. Maximum Lot Coverage: T O % Proposed Improvements: House: Addition to House: _ Shed: _ Detached Garage: _ ;'f '00 sq. ft. Existing Improvement(s): sq. ft. House: 13 t O sq. ft. sq. ft. Shed: sq. ft. sq. ft. Detached Garage: sq. ft. sq. ft. Other: sq. ft. Proposed Lot Coverage: (Total) % Z = sq. ft. Required Setbacks: FR S 30 S l0 R 15' Provided Setbacks: FR 7 S 30 S Z L R =U 0,0 tt~VA Maximum Height: ft. Maximum Size: sq. ft. Proposed Height: ft. Proposed Size: sq. ft. Access Notes For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any property line, except when used as joint access for two or more lots. In residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width. One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet apart, measured from the interior edges. For all uses, one access point per property is permitted. Landscaping Notes For one-and two-family dwellings, one tree for every 70 feet of street frontage is required. 100%r of the front yard and 25% of the entire lot must be landscaped prior to issuance of C.O. Street trees required: Street trees provided: 11 i w~ 1 zwW W l Cl) W - - - - - - - 6.2' I f PLASTIC W,M Swim OOL 31.0" P T2 I I ..-...,..r.._ 21. 28.7' CONC DRIVE ! E ~ I • 28.8' -r a ' CONC PATIO 1-STORY W/ BASEMENT 29.9' 39.3' 40' ROW ~-t-! CONC WAL I ~ 7I 29.9' 29.8' I I j { ❑ 6' W00 FENCE 1 C] E3 N90 00'00"W ~ ~ 98.35' WEST 29TH AVENUE NOTE: IT IS HEREBY CERTIFIED THAT THE PROPERTY DESCRIBED HEREON IS NOT LOCATED WITHIN A FLOOD HAZARD BOUNDARY IN ACCORDANCE WITH THE CURRENT FEDERAL ADMINISTRATION FLOOD HAZARD MAPS, MAP DATED 612195, PANEL NO. 08013C0484 F, ZONE X. 50' ROW IMPROVEMENT LOCA TION CERTIFICA TE THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT 77TLE COMMITMENT. AT THE REQUEST OF THE CLIENT NO ADDITIONAL RESEARCH OF RECORDED EASEMENTS RIGHTS-OF-WAY OR ENCUMBRANCES WAS PERFORMED. RECORDED EASEMENTS AND RIGHTS-OF-WAY REFERENCED HEREON WERE SUPPLIED TO RMCS SURVEYING BY THE CLIENT. -N- 0 10 20 40 1 inch = 20 ft. LEGAL DESCRIPTION. LOT 12, WEBSTER GROVE SUBDIOS/ON, BOOK 12, PAGE 57, COUNTY OF JEFFERSON, STATE OF COLORADO PROPERTY OWNER: PROPERTY ADDRESS: 2900 WEBSTER ST., IMPROVEMENT LOCA77ON CERTIFICATE 1, hereby certify that this improvement location certificate was prepared for , THAT IT IS NOT A LAND SURREY PLAT OR AN IMPROVEMENT SURREY PLAT and that it is not to be relied upon for the establishment of fence, building, or other future improvements. further certify that the improvements on the above described parcel on this date, JUNE 17, 2004, except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no APPARENT evidence or sign of any easement crossing or burdening any part of said parcel, except as noted. Information concerning Easements and Deeds obtained from the Title committment. 6M ADO REGISTERED LAND SURVEYOR #28667 RMCS SURVEYING & ENGINEERING LLC 4535 NORTH BROADWAY, SU17E 101 BOULDER, COLORADO 80304 (303) 448-1870 (303) 499-6755 720-565-1488 FAX 6117104 21711 N Q 1UU Feet A Filed for record the_day of A.D. 19 , at o'clock M. RECORDER Reception No. By DEPUTY. WARRANTY DEED THIS DEED, made on this day of March 19, 1999 between REDEVELOPMENT ENTERPRISES, INC., A COLORADO CORPORATION of the county of and State of , of the Grantor(s), and MANUEL MARFIL AND HEIDI WARREN whose legal address is : 2900 WEBSTER STREET. WHEAT RIDGE CO 80033 of the County of JEFFERSON and State of Colorado , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sun of ( $205,000.00 ) Two Hundred Five Thousand and 001100'" DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, Lying and being in the County of JEFFERSON and State of Colorado, described as follows: LOT 12, WEBSTER GROVE SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. also known as street number 2900 WEBSTER STREET, WHEAT RIDGE, C080033 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD 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 ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, 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 manner and form as aforesaid, and that the same are free and clear from alt former and other grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS. RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, 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, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. REDEVELOPMENT ENTERPRISES, INC., A COLORADO CORPORATION BY: MARCINE E. HART, PRESIDENT STATE OF Colorado ) )ss. CITY AND county of DENVER ) The foregoing instrument was acknowledged before me on this day of March 19, 1999 , by MARCINE E HART PRESIDENT OF REDEVELOPMENT ENTERPRISES INC. A COLORADO CORPORATION My comnission expires Witness my hand and official seal. Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5,. C.R.S.) Escrow# A637631-10 When Recorded Return to: MANUEL MARFIL AND HEIDI WARREN Title# D637631 2900 WEBSTER STREET WHEAT RIDGE. CO Form NO. 921A Rev 4-94. WARRANTY DEED (TO Joint Tenants) 80033 S C °o N V i O W a U S g O ~ pp •i Y O W ~ a 1[ CID ~omry N ..1 ~ W O I a. N l U 9 ~D d OG S Fil _ E I u o 08 D LL O ~ vC °O A m E q_ i R W Q c. z ss W 1(1 Iid A s ~\,O J g~e-cu -1 L W d 6 U"H O y.p ~°F¢ tom? 3 ~ ~L `v u~' Q E- $ ? `n 9.2 y h -v ,Cm_ ~ 3 C m ~ O L 9 2Z'so v N t6 L L' O epv.'""). C1 C C C 'O ~v.. G G C G O C O G C~ C T7 U ~U -oz T-J-s 9 a0 ~'O a o-~Q';~ _ w wix u O m =mob" in.4m ~z `o 0 W-~ A a- 3 p e= W O Z G = v 9 T 3~ ` _BM W~~L ~3W Vy C C w O n V ; X Gi _ vv 7 Cl m° m 'n OF9 ¢[L ~9'v0 u qv U O u Oo 3 u `0 3 F o o-a 2- U Z y Qv QQ 2 3 3az 3 es,.~ 7 O O'" bim w$Oo] y u 2L H b L:. 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City, State Zip: olden, CO 80402 App: Phone: 20-641-2060 APN: 9-264-07-006 Owner Address: 2900 Webster St. ~ . 2nd Review Body: I City/State/Zip: [Wheat Ridge, CO 80033 . y 2nd Review Date: Owner Phone: 03-238-5461 Decision-making Body: Project Address: 2900 Approval/Denial Date: Street Name: ebster Street City/State, Zip: heat Ridge, CO 80033 Reso/Ordinance No.: Case Disposition: I Conditions of Approval: District: 1 Project Planner: Hirt File Location: [Active Date Received: 12612004 Notes: ~ ~ Pre-App Date: ~ -Up: Follow