HomeMy WebLinkAboutWA-04-06City of Wheat Ridge of ""EqT
Community Development Department m
Memorandum ~~<oRAO~
TO: Board of Adjustment
FROM: Jeff Hirt, Planning Technician
SUBJECT: Case No. WA-82-37
DATE: August 12, 2004
A request was made by the Board of Adjustment at the July 22, 2004 meeting for staff to research a
variance approved for the property located at 6385 W. 46`h Avenue.
Case No. WA-04-06, heard at the July 22, 2004 Board of Adjustment meeting, was a request for a 23
'/2 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a
public street resulting in a 6'/2 foot side yard setback for the property located at 6400 W. 46`h
Avenue for a detached garage. This variance request was denied. Discussion took place at the
meeting with regards to a comparable variance request that was approved in 1982 for the property
kitty corner at 6385 W. 46`h Avenue.
Case No. WA-82-37 for the property located at 6385 W. 46`h Avenue was a request for approval of a
26 foot variance from the 30 foot side yard setback requirement when adjacent to a public street
resulting in a 4 foot side yard setback. This request was approved at the Board of Adjustment
meeting on December 9, 1982.
The Board inquired as to whether or not the variance for Case No. WA-82-37 was granted for an
open wall structure garage and if so why the garage is presently enclosed.
Staff research concludes the following:
1. Case No. WA-82-37 was approved on December 9, 1982 with the stipulation that "The
carport be of open construction according to the plans proposed to the city".
2. A building permit was granted for a carport with open construction at 6385 W. 46 h Avenue
on September 30, 1983 per Case No.WA-82-37.
3. A subsequent 26 foot variance to the 30 foot side yard setback requirement was requested for
the existing carport to enclose the structure. This variance request, Case No. WA-84-31 was
approved, with the resolution adopted on November 29, 1984.
4. A building permit was granted to enclose the carport at 6385 W. 46`h Avenue on December
19, 1984 per Case No. WA-84-31.
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
Telephone 303/235-284
FAX 303/235-2857
August 6, 2004
Joe Stout
6400 West 46th Ave.
Wheat Ridge, CO 80033
Dear Mr. Stout:
RE: Case No. WA-04-06
The City of
Wheat
- Ridge
Please be advised that at its meeting on July 22, 2004, the Board of Adjustment DENIED your request
for a 23 1/2 foot side yard setback variance from the 30 foot side yard setback requirement when
adjacent to a public street resulting in a 6 1/2 foot side yard setback for property zoned
Residential-Two (R-2) and located at 6400 West 46th Avenue for the following reasons:
1. A significant hardship has not been established.
2. Other conforming arrangements are available to the applicant.
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,
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: WA-04-06 (case file)
Building File
%iS i- g-001\wem\kfield\Kathy\BOA\CORRESP\2004\wa0406dmial.wpd
CERTIFICATE OF RESOLUTION ORIGINAL
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 22nd day of July, 2004.
CASE NO: WA-04-06
APPLICANT'S NAME: Joe Stout
LOCATION: 6400 West 46t6 Avenue
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-04-06 is an appeal to this Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law, and in recognition
that there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY NOT 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-04-06 be, and hereby is, DENIED.
TYPE OF VARIANCE: A 23 1 /2 foot side yard setback variance from the 30 foot side yard
setback requirement when adjacent to a public street resulting in a 6 1/2 foot side yard setback
for property zoned Residential-Two (R-2).
FOR THE FOLLOWING REASONS:
A significant hardship has not been established.
2. Other conforming arrangements are available to the applicant.
VOTE: YES: ABBOTT, BELL, DRDA, HOVLAND, HOWARD
NO: BLAIR
ABSENT: ECHELMEYER, MOLNAR
Board of Adjustment
Resolution No. WA-0406
Page two (2)
DISPOSITION: A request for a 23 1/2 foot side yard setback variance from the 30 foot side
yard setback requirement when adjacent to a public street resulting in a 6 1/2 foot side yard
setback for property zoned Residential-Two (R-2) was DENIED.
ADOPTED and made effective this 22nd day of July. 2004.
Robert Blair, Chair
Board of Adjustment
Ann Lazzeri , Secretary
Board of Adjustment
3. Granting of the request will not be injurious to other properties in the
area.
4. While the request itself is a self-created hardship, the benefits to be
derived by the neighborhood, and not the applicant, outweigh the
effects of the view-obscuring fence.
The motion passed 5-1 with Board Member DRDA voting no and Board
Members ECHELMEYER and MOLNAR absent.
(Chair BLAIR declared a brief recess at 8:25 p.m. The meeting was reconvened at 8:30
P.M.)
B. Case No. WA-04-06: An application filed by Joe Stout for approval of a
23 1/2 foot side yard setback variance from the 30 foot side yard setback
requirement when adjacent to a public street resulting in a 6 1/2 foot side
yard setback for property zoned Residential-Two and located at 6400 West
46`s Avenue.
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 and reviewed
the staff report and digital presentation. Staff recommended approval of the
variance for reasons outlined in the staff report.
Joe Stout
6400 West 46`s Avenue DIR AFT
Mr. Stout was sworn in by Chair BLAIR. He explained that the variance would
allow him to build a garage without removing shade trees and also preserve space
in the back yard. He stated that this is the only house in the neighborhood without
a garage and that all of his neighbors have expressed their approval of his plans.
Board Member BELL commented that the proposed garage would be in character
with other homes in the area and would, in fact, be an improvement since the
garage is planned to be set back a way from the corner.
Board Member BLAIR commented that the garage would be an improvement
over the 6-foot fences placed very close to the street in the area.
Chair BLAIR asked if there were any present who wished to address this matter.
There was no response.
Board Member DRDA commented that there are other locations on the property
to build a garage without the need for variance. He stated that he could not find a
hardship in this case.
Board of Adjustment - 4 -
07/22/04
Board Member ABBOTT agreed that a hardship was not present, although he
agreed that the application would be in character with the neighborhood.
Board Member BELL asked if there were other avenues available to the applicant
such as rezoning. Ms. Reckert stated that a planned development where setbacks
can be modified could be applied for but it is a very expensive process.
Board Member BELL referred to the variance granted in 1982 to the house "kitty
corner" from the applicant. Board Member BELL asked if a hardship was found
in this case. Ms. Reckert referred to minutes from that case that indicated
approval was for a carport (which has since been enclosed). A hardship was
found due to utility wires and trees on the property. Board Member BELL
commented that trees and utilities on the applicant's property then seems to be a
hardship. Ms. Reckert commented that the openness of a carport as opposed to a
garage may have been a factor in the approval.
The applicant indicated he did not want to build a carport and, further, if the
variance were not granted, it would be necessary to place his home on the market
and move.
Upon a motion by Board Member DRDA and second by Board Member
HOWARD, the following resolution was stated: P~
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment Application Case No. WA-04-06 is an appeal
to this Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there were no protests registered against it; and
Whereas, the relief applied for may not 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-04-06 be, and hereby is, denied.
Type of Variance: A 231/2 foot side yard setback variance from the 30 foot
side yard setback requirement when adjacent to a public street resulting in a
61/2 foot side yard setback for property zoned Residential-Two and located
at 6400 West 46t° Avenue.
Board of Adjustment - 5 _
07/22/04
For the following reasons:
1. A significant hardship has not been established.
2. Other conforming arrangements are available to the applicant.
The motion for denial passed 5-1 with Board Member BLAIR voting no and
Board Members ECHELMEYER and MOLNAR absent.
5. CLOSE THE PUBLIC HEARING
Chair BLAIR closed the public bearing portion of the meeting.
6. OLD BUSINESS DRAFT
At the June 24"' meeting, Board Member ABBOTT requested a response to
Board Member ECHELMEYER's allegations that staff had not followed the
Board's recommendation in a case involving 3694 Chase Street. He believed
the Board had recommended 40% lot coverage and staff allowed 75% lot
coverage in the case. In response, Meredith Reckert clarified that, upon
research of records, she could find no action taken by the Board at this
address. However, there have been five variances approved in this area and
the property she believed Board Member ECHELMEYER referred to was
Case No. WA-O1-08 at 2941 Chase Street. This case was a request for an
interpretation of building height and building story as well as a request for two
side yard setback variances. The application was eventually withdrawn by the
applicant and, therefore, no action was ever taken by the Board. A building
permit was subsequently issued for construction of a single-family residence
meeting all development standards for the R-I C zone district.
7. NEW BUSINESS
Board Member BELL discussed the possibility of revisiting neighborhoods
where many nonconforming situations exist to make some provisions to be
able to address situations such as Mr. Stout's. While his plans were in
character with the neighborhood and would have been a definite improvement
to the area, there was no solid evidence of hardship. She commented she
believes a hardship exists when the code is not applicable to neighborhoods
that have existed for 50-60 years. Perhaps a change in the ordinance would
provide for better quality of life issues as well as appearances of
neighborhoods.
During discussion, a suggestion was made that perhaps variance criteria need
to be reviewed and changes made, if necessary.
Board of Adjustment - 6 -
07/22/04
O
C
°
O
N
,
~
N
~
O
~
O
lot
c
c
~
~
*C
o
~
,
N
CI
^
1
=
I
~
i~
o.
CD
o~
~o
W
o~
0
o~
o~
a
~o
~(D
x~
w~
0
C~7"
o it
N
x
o~
v in
N
~ C.
0
C
U
N
N
CD
CCD
.
N
w
0
d i~0
Qm
ow
0
. .
0
m
lot
b
O
O
N
O
z
0
0
0
ara
r
3>S
3 ~ o
rth
t~
n
n
h*
P
~I I - z
~I ~ I S J y
F, L_ ~ I' drC
C
//'/00
. Hof- J
L41r~Mll -c7-,
r
r
n
a'_" 0 0
a
~n m
o fl ~ ~ /A
Z
41
rs G /Q~
Dr r A/
cC
A C % 4 ~
5 dtl y k m
o
ana
F3
3
m ~
n n
0
co
o
,
~ ~m
o
rr~
"
'
m
~ 6 a.~
a
~ Jp r
m
64.3-
r
ao. Z s
vC
1 a
`
o"
wJ~F
of
N
r ~
~ H E
0
o
n
hhh
"f.
~
y „
S
77
H~
0
j'
O
.a
r
0
0
x
z
0
,r
r
O
O
~A
A~
e-r-
I
'O
ffQ
O
A~
I~~I
V M
l~
-~N
tz
C~
01
(11
P
W
N
~
UQ
K
~
•
. J
A~
Q7
C+
~
~G
J
•
A
K
CD
G'
A~
A7
K
O
~D
;S
t4i
~C
O
ow.
D
A~
M
n•
K
O
0 W.
p
'
n
CD
~
O
v
n
m
CD
CD
~
O
r)
i~:l
wH~T qa CITY OF WHEAT RIDGE
m PLANNING DIVISION STAFF REPORT
00(Oa POO
TO:
Board of Adjustment
CASE MANAGER:
Jeff Hirt
CASE NO. & NAME:
WA-04-06/Stout
DATE OF MEETING:
July 22, 2004
ACTION REQUESTED: Approval of a 23 % foot side yard setback variance from the 30 foot side yard
setback requirement when adjacent to a public street resulting in a 6 %2 foot side
yard setback for property zoned Residential-Two (R-2).
LOCATION OF REQUEST: 6400 West 46b Avenue
APPLICANT (S):
OWNER (S):
APPROXIMATE AREA:
PRESENT ZONING:
Joe Stout
Joe Stout
9,675 square feet (.222 acres)
Residential-Two (R-2)
COMPREHENSIVE PLAN: Single Family Detached Residential and Existing Two Family Conforming
Structures and Lots (Not to exceed 6 du's per acre)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
Location Map
Subject Parcel
R-2
r
D
D
M
M
--i
Board of Adjustment
Case WA-04-06/Stout
46TH AVENUE
Jurisdiction
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
L REQUEST
The property in question is located at 6400 West 46f Avenue. The property has Residential-Two (R-2) zoning
The applicant, Joe Stout (property owner), requests approval of a 23 '/z foot side yard setback variance from the
30 foot side yard setback requirement when adjacent to a public street resulting in a 6 '/z foot side yard setback.
(Exhibit 1, Letter of Request).
The applicant proposes to construct an approximately 400 square foot garage on the property. The proposed
detached garage will be located 6 %2 feet from the side property line on the east side of the lot (Exhibit 2, Site
Plan). Per the Code of Laws, the minimum side yard setback for a detached garage in the R-2 zone district is 5
feet if the structure is less than 8 feet in height, and 10 feet if the structure is over 8 feet in height. However, the
Code of Laws does specify a 30 foot side yard setback requirement for all structures which abut a public street.
The location of the proposed detached garage does abut a public street (Lamar Street) on the side yard of the
property to the east; therefore it is subject to this 30 foot side yard setback requirement. As a result, a variance
is required to allow for the proposed detached garage. If this were an interior lot, the proposed detached garage
would be required to meet a 10 foot setback on both the side and rear yards.
Constructing the garage behind (to the south of) the existing house and having access off of Lamar Street would
allow for the detached garage to meet the 30 foot side yard setback requirement. However, the applicant
expressed the desire to add on to the house on this portion of the lot in the future, and having a garage there
would restrict his ability to do that. Also, one large tree would need to be removed to accommodate a garage in
the rear portion of the lot. A large portion of the open space of the backyard would also be eliminated.
All other development standards have been met with this request. Per the Code of Laws, the height of the
proposed garage cannot exceed 15 feet, and it cannot be larger than 1,000 square feet (Exhibit 3, Garage
Specifications).
H. SITE PLAN
The property is approximately 9,675 square feet, or .222 acres. The property measures 75 feet wide with a
depth of 129 feet (Exhibit 4, Improvement Location Certificate).
The applicant is proposing to construct a driveway that is 48 feet in length from 46th Avenue. There is an
existing driveway to the west of the proposed driveway. Per the Code of Laws, one access point per property
ownership is allowed, therefore if the new driveway was constructed, the existing driveway could no longer be
utilized.
Also, the proposed driveway is shown on the site plan as being 16 feet from the side property line to the east.
Per the Code of Laws, comer lots shall have no vehicular entrances or exits located closer than 25 feet from any
two intersecting street rights-of-way. Comments received by the Public Works Department indicate that this
requirement would be waived for the proposed driveway if there are no site distance triangle violations (Exhibit
5, Public Works Memorandum). There is currently vegetation within the site distance triangle approximately 6
feet in height. The applicant would be required to trim the vegetation to comply with site distance triangle
regulations if the proposed driveway were constructed in this location.
Board of Adjustment
Case WA-04-06/Stout
The area surrounding the property consists of single family homes on all sides. All adjacent properties have
garages, either detached or attached to the homes, with the majority of them being detached garages. A few
adjacent properties (including the property in question) have detached garages that encroach into the 30 foot
side yard setback. One property at this intersection, 6385 W. 46" Ave., was approved for a 26 foot variance
resulting in a 4 foot setback for a detached garage. This variance was granted in 1982.
H. 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. All adjacent properties
have garages, with the majority of them detached garages. The property in question is the only one
without a garage in the vicinity. At this intersection, two of the corner lots have detached garages that
encroach into the 30 foot side yard setback required when adjacent to a public street. The first encroaches
26 feet into the side yard setback resulting in a 4 foot setback. Due to lack of historical information, it is
difficult to ascertain the amount of encroachment for the second property.
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 comer
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 applicant has created his own hardship by requesting a garage in this location. There may be other
alternatives for placement of the garage.
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 would not be a decrease in the supply of light and air to adjacent properties, as the
property in question is on a comer lot, and the proposed detached garage will abut a public 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-04-06/Stout
6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or
contribution to the neighborhood or the community, as distinguished from an individual benefit on
the part of the applicant, or would granting of the variance result in a reasonable accommodation
of a person with disabilities?
The request would not result in a substantial benefit or contribution to the neighborhood distinguished
from an individual benefit on the part of the applicant. The request has been determined by the applicant
to be his most feasible alternative.
The request would not result in a reasonable accommodation of a person with disabilities.
M. 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 property is a corner lot, which presents unique circumstances.
2. The request would not alter the essential character of the locality. Each corner lot at this
intersection has a detached garage, with two of them encroaching into the 30 foot side yard setback.
3. The request would not be detrimental to the public welfare or injurious to other property in the area.
Other alternatives would be more problematic, as at least one mature tree would have to be
removed if the garage were placed behind the existing house.
With the following condition:
1. All site distance triangle violations shall be eliminated prior to construction of the driveway and
detached garage.
Board of Adjustment
Case WA-04-06/Stout
EXHIBIT 1
Variance:
Joe and Kara Stout
6400 W. 46' Ave
Wheatridge, CO 80033
Detailed Description of Request:
We are proposing to build a detached, two-car garage (20ft in width, 20ft in length,
elevation) at the above address. Our house sits on a corner (46th Ave. and Lamar), and
the property is zoned that we would need to have a 30 feet setback for any structure from
the front and side property line. The variance is needed because the east side of the
garage would be set back only 6 '/z feet from the side property line adjacent to Lamar
Street. The front of the garage would be set back 48 feet from W. 46th Ave., so a
variance would only be needed for the side property set back.
The three other houses on the adjacent corners all have garages built on their property.
Thus, our proposed garage would be in line with the layout of the rest of the houses. If
we were to build the garage from the zoned 30 feet setback from the front and side
property line, we would have to put the garage in the middle of our backyard. This
would create a hardship because it would take-up a majority of our back yard and prevent
any future opportunities to add onto the house. In addition, with all of the recent hail
damage that has occurred, we would like to build a garage to protect the investments we
have made in our vehicles. There has also been recent vandalism in the neighborhood to
cars parked on the streets and driveways. These circumstances have created additional
hardships that a garage could mitigate.
The following are responses to the 6 review criteria that the Board of Adjustment,
Planning Commission or city council shall base it's decision on.
A. Yes
B. No, the essential character of the locality would be enhanced by building the garage
in-line with neighboring lots.
C. Yes, by preventing us from building a garage onto the east side of our house it would
take away opportunities to expand on the existing house and limit additional landscaping
opportunities. If we were to build the front of the garage facing Lamar, 30 feet back from
the side property line, we would take away a large portion of our back yard and limit
additional opportunities to build onto the house. Thus, by allowing us to build the garage
with a 6 '/z foot setback from Lamar, it will give us the greatest opportunity to explore
additional improvements to the property.
D. No
E. No, the garage would not impair the adequate supply of light because it would be
built at the same height as adjacent neighbors. It would not increase the danger of fire or
endangered public safety.
F. Yes, it would increase the value of the adjacent property, thus directly benefiting the
adjacent landowners.
e
O
F
A
1
O
O
F
W
V
§
a
1
m
r;
o
0
m
° H
>
IC
i - H
R
z
U)
¢
~
a
o
W¢ p
o
m
~
m
q
°
A
W
a
~
u
I
w
a
U
0
O
~
a
O
a
J O
7
1°p
Z
TZ.
a
u
U
w
>
0 0
w
w
9
„
O
<
N
;
ti
C
a
O OV
<
O
o
o
f
<
in
w
r
Z u
_ O W
N N
} w R
W r w
m m
> N ° m
°
< V ~
< ° N Qy~
7 ° j e ~O
eo_
oum
am < r..
D 3
e >
Z v < >
n O
< rc
J ~
-1
T
T
1 -
cr
J t 1
-Wn t
3 ',n O iS/l
op 1 7
I
y t} ~I t~ ! O N so
~c P" U v.
~xOpoK ~Jr JLwRx N NOr1I b !
yR E} I I to
Z o~ _ f 69
N, :7
~r - - -
W LA
rn e ~ J = i
d I I D O I ~ J
ao I 2 *7 I - - -
4- ,
0
o}Q7 _
W
~
W
c.f
•'9 1
\ I ,
7
00 6Z/
h
c ~
J_
~ o
c
V1
r^
m~L ~O
~C
r
~ cC
.
O m
m C
~
OZ 0-0
CO
~o C•
D
O LOW
CS
aC3a~
$p
3[
~
y.m m m C
~CC
c
s
3
~Qp
3
o
°D
o
e
E 0
o
< i
3
<
a 0
I
a>O
tr1
• o
m
D
O m = O
C '
88
M
8
o E
US-9
I
~silaf attitt ~ ~ ~ y w O. ~ p' rn
t t t N~ o
' t tlc tStt< r, ~ m 7 q
~sNS4ttt is .,may '6 yr U U r fi
tutssgtt, rn r~ ,c a4y ~ o
tuattt.at w ~ ~ m H « o. x ~ ~ W m ~
~tttUts,tttt a $ rn 13y ~.~i o 3 ~ ~ Q ~ ~
lets tttettiri, 8UQ _
'ttt tttlt lttt ~ Q ap E., ~ k CP [il N p~ O ~
r ~o m z1 a o ~ v >
t,4stgt(<t ti ~ ~ 0
mtttcttt4tt
ritiltFtt Si tt t3 k :k N U to N
o is , k a m
> qq~ 9f9
ilittLSRtt~ N xm~N>NE~CQ ~W tf-0~~J N
Alt
1 %
~ C
s
1~~
0
rn
I
V
O
E
a
w
m (D 0
o
~ ~ Q n~ 5 m
.N-I a El O W pQppp o
w H V) Ow P O
w W Qa W a
0 Ww
0 O Q J 0 J
\ O Z CF
o U > O oO❑
r N w D.
W
o O
O 0 o 0 V J
O ~ Q ¢1
~n
<C ~I
s
Iv
F
Z U q
w 0 JI
lil 0 m OF
N O p Z8
4 d OE
a m o
0 O N
(t O O
N OU 0 a'
rc -
a _
T ~
` ~
0 >
O 3 WQ
Z Q O
Q w
J ~
~/Y?Jc? OS~ S - Olb'ly~/
a
9
~
W
p !P!
hz
~o
2
T
o
o p
2 ?2
00 i4//
U)
T"
cli
.tf-b9
I I~~
~Ji a II~
ZI
1
N
sl
11uI1'~
O a1 CD Q) O m
^ d 7 ro
lp
5 cc) C.
fa-
CN-
ODo
i o
w
N-~ EN
(OiUN
o
N
E N' N O. N
Sa
-
D
WO 'a
~Wa
t
o
.
`o
FD'
Y
c
U
c
E
U
w ka
o~3w
C
-cL y
0 N m
Z
:mom
0
o_ ovm
k~
EXHIBIT 5
City °"'heg W9e MEMORANDUM
Department of Public W Works
TO: Dave Brossman, Development Review Engineer
FROM: Steve Nguyen, Engineering Manager 4
DATE: Tuesday, July 13, 2004
SUBJECT: Setback Variance at 6400 West 46`" Avenue
This memo serves as a response to the review for variance of the above location. This variance is
mainly for the set back of the proposed garage. According to the submitted site plan, it appears that
the proposed driveway for the proposed garage locates at about 15 feet from of the intersection. The
proposed location will result in a non-conforming comer clearance requirement of 25 feet as stated in
Sec 26.501.D.4c of the City Code. The property in question is located at the southwest corner of the
intersection of two local streets, which are Lamar Street and 46th Avenue. A field visit to this
property indicated that the existing corner is established with some landscape and its height is
questionable in terms of in compliance with the sight triangle requirement.
An alternative was discussed between the Public Works and Planning Department and that is to build
the driveway to connect to Lamar Street to meet the comer clearance requirement. Unfortunately, this
lay out would not allow a proper function of the driveway due to its inadequate depth resulted from
the current building layout.
With consideration of the above findings, the Public Works Department can support a corner
clearance variance for the proposed driveway on 46' Avenue. This is based on the fact that the
proposed driveway is located on a low volume street that also intersects with another low volume
residential street. However, one stipulation will be imposed with this new driveway and that the
existing landscape at the corner will have to be in compliance with the sight triangle requirement.
This will ensure visibility and adequate sight distance exist for the vehicle in the driveway and
vehicles entering the intersection.
Cc: Tim Paranto, Director of Public Works
POSTING CERTIFICATION
CASE NO.
PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE:
/ L/1d (name)
residing at (s 7l/ yl/ y~ 4 y
(address)
as the applicant for Case No. , hereby certify that I have posted the Notice of
Public Hearing at
(location)
on this day of 20 , 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 orris case and will be placed in the
applicant's case file at the Community Development Department.
MAP
e:\plann 1ng\fonns\posti ngcert
Rev. 1/1/03
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to beheld before the City of Wheat Ridge
BOARD OF ADJUSTMENT on July 22, 2004, at 7:30 p.m. in the Council Chambers of the
Municipal Building at 7500 West 29`h 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-04-05: An application filed by Jefferson County Housing Authority for
approval of a waiver of Section 26-502.E.1 (landscaping buffering for parking lots),
specifically, the requirement of a six-foot-high view-obscuring fence on property zoned
Commercial-One (C-1) and located at 7490 W. 45 h Avenue.
Case No. WA-04-06: An application filed by Joe Stout for approval of a 23 1/2 foot side
yard setback variance from the 30 foot side yard setback requirement when adjacent to a
public street resulting in a 6 1/2 foot side yard setback for property zoned Residential-
Two (R-2) and located at 6400 W. 46`h Avenue.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Clerk
To be published: Wheat Ridge Transcript
Date: July 8, 2004
:io --U `'~J/-~~ • MetroScan / Jefferson (CO) •
Owner :Lamorea"ux Kary L Parcel :023872
Site :6415 W 45th P1 Wheat Ridge 80033 Xfered •na /n~t~nn~
Mail :6415 W 45th P1 Wheat Ridge Co 80033 7003 2260 0003 1175 7693
Use :1112 Res,Improved Land -
Bedrm:3 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:1,060 Ac:
- MetroScan / Jefferson (CO)
Owner :Mitchell Randy Parcel :024321
Site :6435 W 46th Ave Wheat Ridge 80033 Xfered • "ppp3 1175 7709
Mail :6435 W 46th Ave Wheat Ridge Co 80033 7013-3 2-2613 Use :1112 Res,Improved Land -
Bedrm:2 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:916 Ac:
• MetroScan / Jefferson (CO) •
Owner :Gallo Victoria L Parcel :024378 V ~ CLA)(Nt~
Site :6420 W 46th Ave Wheat Ridge.80033 '"'fI
Mail :10571 w 77th Pl Arvada Co 80005 7003 2260 0003 1175 7716
Use :1112 Res,Improved Land one
Bedrm:2 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF:886 Ac:
MetroScan / Jefferson (CO) '
Owner :Healey Kevin/Tammy Parcel :024422
Site :6460 W 46th Ave Wheat Ridge 80033 Yf---A
Mail :6460 W 46th Ave Wheat Ridge Cc 80033 7003 2260 0003 1175 7723
Use :1112 Res,Improved Land one
Bedrm:2 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF:1,070 -Ac:
MetroScan / Jefferson (CO)
Owner :Cameron Andrew Parcel :025095
Site :6385 W 46th Ave Wheat Ridge 80033 7003 2260 0003 1175 7730
Mail :1738 Emerson St Denver Co-80218
Use :1112 Res,Improved Land Phone
Bedrm:2 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:1,043 Ac:
• MetroScan / Jefferson (CO)
Owner :Corson Charles E Parcel :025206 -
Site :6435 W 45th Pl Wheat Ridge 80033 Xfer°rl
Mail :6435 W 45th P1 Wheat Ridge Co 80033 7003 2260 0003 1175 7747
Use :1112 Res,Improved Land
Bedrm:4 Bath:2.25 TotRm: YB:1949 Pool: B1dgSF:2,093 Ac:
• MetroScan / Jefferson (CO) •
Owner :Slusser Marvin Parcel :026338
Site :6385 W 45th Pi Wheat Ridge 80033 7003 2260 0003 1175 7754
Mail :PO Box 5440 Denver Cc 80217
Use :1112 Res,Improved Land Phone
Bedrm:3 Bath:1.00 TotRm: YB:1948 Pool: B1dgSF:1,362 Ac:
MetroScan / Jefferson (CO)
Owner :Slower Katherine D Et Al - Parcel •n?FS?'
Site :6439 W 45th Pl Wheat Ridge 80033 7003 2260 0003 1175 7761
Mail :6439 W 45th Pl Wheat Ridge Co 80033
Use :1112 Res,Improved Land Phone
Bedrm:2 Bath:1.00 TotRm: YB:1950 Pool: B1dgSF:960 Ac:
MetroScan / Jefferson (CO) •
Owner :Cattoor Cole Parcel :026566
Site :6415 W 46th Ave Wheat Ridge 80033 Xfered :03/13/7nni
Mail :6415 W 46th Ave Wheat Ridge Co 80033 7003 2260 0003 1175 7778
Use :1112 Res,Improved Land
Bedrm:2 Bath:1.00 TotRm: YB:1954 Pool: B1dgSF:944 Ac:
MetroScan / Jefferson (CO)
Owner :Stout Joseph R Parcel :026609
Site :6400 W 46th Ave Wheat Ridge 80033 7003 2260 0003 1175 7785
Mail :6400 W 46th Ave Wheat Ridge Co 80033
Use :1112 Res,Improved Land Phone
Bedrm:2 Bath:1.00 TotRm: YB:1957 Pool: B1dgSF:890 Ac:
MetroScan / Jefferson (CO)
Owner :Mcneley George Parcel :026900
Site :6380 W 46th Ave Wheat Ridge 80033 Xfered :09/29/2000
Mail,... 6380 W 46th Ave Wheat Ridge Co 80033 7003 2260 0003 1175 7792
Use1322 Res,Improved Land
rm:?~ c,;_.Bath:1.00 TotRm: YB:1949 Pool: B1dgSF:1,403 Ac:
r,y %11
c,, l7l
ormation compiled from various sources. Real Estate Solutions makes no representations
T \ Vv 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
July 8, 2004
Dear Property Owner:
This is to inform you of Case No. WA-04-06 which is a request for approval of a 23 1/2 foot side
yard setback variance from the 30 foot side yard setback requirement when adjacent to a public
street resulting in a 6 1/2 foot side yard setback for property zoned Residential-Two (R-2) and
located at 6400 W. 46th Avenue. 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
July 22, 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.
C:\Documents and Set ings\kathyAMy Documents\Kathy\BOA\pubnotice\2004\wa0406.wpd
* Search Parameters
* Jefferson (CO)
* 7/7/2004
* 12:07 PM
Parcel
Number ...11
39
242
14
001
39
242
14
002
39
242
14
003
39
242
14
016
39
242
14
015
39
242
14
014
39
242
13
016
39
242
12
009
39
242
12
010
39
242
15
007
39
242
15
008
0'
76 80
(72.20')
79 50'
75 30'
70 20
72 70'
(7800')
76 80
0')
(7680)
(79 50')
(7530')
(7020)
I
(72 70')
(7680)
j
(7800')
A A
111
p
12-013
A A
12-01?w
A~
12-011-
12-010
12-009•
A A~
'013-OVA
A A
13-015;
co
13-014
00
C)
d'
i
00
00
0'
(76.70'
79.50'
75.20'
72 30')
i
1
70 50
(7800')
76 70'
46THq
14-005071 1
14-002 L F 14-001
15-007 15-006- 15-0051.1,1
1 - GI\a
111v 14-01;A 14-013' 14-Ow 1
m CO
0
0
`
14-016N
i
15-0080
04
O 15-0i (o
15-01
N
00
00
45TFE PL
(73 70') (73 80~ ~ ro (74 00')
20-004• 20-005. 20-006; W20-0074 20-008
.
to is s
)14•„ 20-0131 20-012_, 20-011 20-01
19-0011 19-002 19-003.
19 016 19-01511-
19-014'0-
.1 1
0024-021 cd c6 24-022• mA24-023• 24-024 • P24-025_ 24-026 24-027
co m a .0 -P. (C m In
0
0 0 0
City of Wheat Ridge of wHEgTP
Community Development Department
Memorandum c~E OR A~~
TO: File
FROM: Jeff Hirt, Planning Technician
SUBJECT: WA-04-06
DATE: July 14, 2004
One phone call was received regarding the variance request at 6400 W. 46`h Ave. A neighbor did
not understand the letter he received notifying him of the variance request, and wanted to clarify
what was taking place. It was not in support or objection of the proposal, only for clarification.
Jul 1.3 04 10:06a
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat
Ridge
P.1
Community Development rcererrai rums
Date: 6 July 2004 Response Due: 20 July 2004
The Wheat Ridge Community Development Department has received a request for approval. of
a Variance for the property located at 6400 W. 46th Avenue. No response from you will
constitute having no objections or concerns regarding this proposal.
Case No.: WA-04-06
Request: Approval of a 23 'h foot side yard setback variance from the 30 foot side yard
setback requirement when adjacent to a public street resulting in a 6'/2 foot side yard setback
to build a detached garage. A new driveway will be created for the proposed garage. The
property at 6400 W. 46th Ave. is approximately 9,700 square feet.
Please respond to this request in writing regarding your ability to serve the property. Please
specify any new infrastructure needed or improvements to existing infrastructure that will be
required. Include any easements that will be essential to serve the property as a result of this
development. Please detail the requirements for development in respect to your rules and
regulations. If you need further clarification, contact the case manager.
Case Manager: Jeff Hirt Voice: 303.235.2845 Fax: 303.235.2857 Email: jhirt@ci.wheatridge.co.us
DISTRIBUTION:
,KWater District, kX a F
Sanitation District
Fire District,
-Adjaceht City
-Jefferson County Planning Department
Xcel Energy
-Qwest Communications
-Colorado Department of Transportation
-Denver Regional Council of Governments
JeffCo Health Department
JeffCo Schools
_Jeffco Commissioners
AT&T Broadband
-Urban Drainage and Flood Control District
Regional Transportation District
Wheat Ridge Post Office
-Wheat Ridge Police Department
Wheat Ridge Public Works
-Wheat Ridge Parks & Recreation Department
-Wheat Ridge Forestry Division
Wheat Ridge Building Division
Wheat Ridge Urban Renewal Authority
The Carnation City "
Attn: Jeff Hirt
From: Chad Root
Re: 6400 W. 4e
Jeff the garage can be located no closer than 3 feet to the house in order to keep
the fire separation. Windows from the house can open between the garage and
the house as long as the garage is 3 feet from the house. There are no building
issues with the layout of the garage and house separation.
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat
Ridge
Community Development Referral Form
Date: 6 July 2004 Response Due: 20 July 2004
The Wheat Ridge Community Development Department has received a request for approval of
a Variance for the property located at 6400 W. 46th Avenue. No response from you will
constitute having no objections or concerns regarding this proposal.
Case No.: WA-04-06
Request: Approval of a 23 '/z foot side yard setback variance from the 30 foot side yard
setback requirement when adjacent to a public street resulting in a 6'/z foot side yard setback
to build a detached garage. A new driveway will be created for the proposed garage. The
property at 6400 W. 46th Ave. is approximately 9,700 square feet.
Please respond to this request in writing regarding your ability to serve the property. Please
specify any new infrastructure needed or improvements to existing infrastructure that will be
required. Include any easements that will be essential to serve the property as a result of this
development. Please detail the requirements for development in respect to your rules and
regulations. If you need further clarification, contact the case manager.
Case Manager: Jeff Hirt Voice: 303.235.2845 Fax: 303.235.2857 Email: jhirt@ci.wheatridge.co.us
DISTRIBUTION:
N ater District
Sanitation District
-ire District
-Adjacent City
-Jefferson County Planning Department
:(Xcel Energy
_Qwest Communications
-Colorado Department of Transportation
-Denver Regional Council of Governments
_JeffCo Health Department
JeffCo Schools
JeffCo Commissioners
AT&T Broadband
-Urban Drainage and Flood Control District
-Regional Transportation District
Wheat Ridge Post Office
-Wheat Ridge Police Department
><Wheat Ridge Public Works
-Wheat Ridge Parks & Recreation Department
-Wheat Ridge Forestry Division
ZCWheat Ridge Building Division
-Wheat Ridge Urban Renewal Authority
"The Carnation City"
Variance:
Joe and Kara Stout
6400 W. 46th Ave
Wheatridge, CO 80033
Detailed Description of Request:
We are proposing to build a detached, two-car garage (20ft in width, 20ft in length,
elevation) at the above address. Our house sits on a corner (46th Ave. and Lamar), and
the property is zoned that we would need to have a 30 feet setback for any structure from
the front and side property line. The variance is needed because the east side of the
garage would be set back only 6 % feet from the side property line adjacent to Lamar
Street. The front of the garage would be set back 48 feet from W. 46th Ave., so a
variance would only be needed for the side property set back.
The three other houses on the adjacent corners all have garages built on their property.
Thus, our proposed garage would be in line with the layout of the rest of the houses. If
we were to build the garage from the zoned 30 feet setback from the front and side
property line, we would have to put the garage in the middle of our backyard. This
would create a hardship because it would take-up a majority of our back yard and prevent
any future opportunities to add onto the house. In addition, with all of the recent hail
damage that has occurred, we would like to build a garage to protect the investments we
have made in our vehicles. There has also been recent vandalism in the neighborhood to
cars parked on the streets and driveways. These circumstances have created additional
hardships that a garage could mitigate.
o
DATE F0 oGEE 125. 0 JOap
~
04-906
moarcncE CO co, . IRreAT Bzoce atne.peeT
.
6400 A. 46TH AVF.
L A N D S U R V E Y I N G
AoOe ESS
5460 W RD ROAD • SLITS IGO
BORROWERS NAME ST
AxAA. COLORADO 80002
1303) 420-4768
IMPROVE BEN? LOOCATION CERTIFPcATE
A VI O E 9T00'I
LEGAL DESERIFTIDW
1.rn cuan,i
F
IAT 1, VINNOIA SUBDIVISION,
COUNTY OF JEFPEHSON, STATC OF
cowA o
¢v__
64I
w,yte*i AvE
.
(So~~ow)
5
L pnt
J
M~J }~9!
0
0
y
I
1
VSL~
"A;
oei
N
T
F~e~
EA
ZS
.
5
11)
#
✓
rl4l
~RoPosED cth4GE
0AJ6 -$TTJ,2y
tJ uAme
°
O {.Ir,
{{2
:
rv
sJ
,
n
/
~
Y77
Fl)
~f
Z-
'i>t}
<
~el
~
~
Ls
4ea
'I
y
r
~
I ~t o~Jafd 'ai
h
_
-
a
L OT I
y~r
J
I V
~su.wax+a
on me beareDr my 993jr'(RS`^.a
er Improvement Survey plat. antl Ibat tt le
Improvement Ilnea. I hRM1er certify that
eonnectlona, ere en4reb Whin Me trounBa
U
U~ PIA r)
5-0o EKSS TLAJ 6.
FE UCeS
preparetl for
I meby certiy Ma[mis mant bra e[ to OR
,mac n la a suney rlat
I be reliatl upon for a eateblleM1meM of lance. bullein r omar fuNre
I provamema on t above tleacrlb.. parcel on mfg ea capt uNltty
f iM parcel. encgp[ es Mown. Met mere ere no encr a upor~ me
Ding premlme, accept a9 IMlratetl, ene met Mere 1a pererrt a ce or
of agile parcel. except ea noted
EF
N
20 0 20 40 Feet
4600 West 46`h Avenue (SW corner)- NB Lamar St. looking west on 4e Avenue
4600 West 4e Avenue (SW corner)- EB 46`h Avenue looking south on Lamar St.
Residential Worksheet (SF/Duplex)
Submittal requirements:
Copy of Deed Site Plan (to scale) XN Elevations 9
Address: (o +00 W- fl p A/P'
Zoning: ~-Z Use:
Sr
Property in the flood plain? NO
Lot Size: I ~Qi75_
sq. ft. Lot Width: 7r ft.
Maximum Lot Coverage: 40 % 70 sq. ft.
Proposed Improvements:
House: sq. ft.
Addition to House: sq. ft.
Shed: sq. ft.
Detached Garage: 4-00 sq. ft.
Proposed Lot Coverage: (Total) 1 S
Existing Improvement(s):
House: / d sq. ft.
Shed: sq. ft.
Detached Garage: r
Other: - sq. ft.
% (063 sq. ft.
sq. ft.
Required Setbacks: FR
3 0
S S S
3O
R /0
Provided Setbacks: FR
7D
S S
r
&
R 6-
Na✓c i
Maximum Height: ft. Maximum Size: 00 D ° a v esq. ft.
Proposed Height: 12 /2- ft. Proposed Size: 406 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% 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:
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
T'011- ~U J
Address
~ yto W.
Phone 50__ Z-G7G
Cityg
r.
State
Zip T003"3
C
O
Fax
Owner
l6tC 57~~ J
Address
/
!
~y~ 4ye-
Phone303-9S&'-6/4i
City_
Vh a fr. e-
State
C O Zip 190073
Fax
Contact
4Ma as uhoy e-,
Address
Phone
City
State
Zip
Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, and will receive a copy of the staff report prior to Public Hearing.)
(00 U). VG th
Location of request (address):
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 K Variance/Waiver (from Section )
❑ Other:
Detailed description of request: ~:Pe ct 7 ~r1i tied IC T7
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action can of lawfully be accomplished. Applicants other than owners
must submit power-of-attorney fro e o r ich approved of this action on his behalf.
Signature of Applicant N
ubscribe worn t6-1, s / day of 20---- O~4
't%O TA rpy_ (~7
otary Publiccl
9`. pUBLXG My commission expires
C.
To be filled out by staff:
My Commission Expires 04/1612096
Date received Fee $ -Receipt No. Case No.
Comp Plan Desig. Zoning Quarter Section Map
Related Case No. Pre-App Mtg. Date Case Manager
WARRANTY DEED
THIS DEED, Made this 26 th day of July 2002 between
CALEB KETTLER AND KEITH KETTLER
of the County of JEFFERSON and State of COLORADO , grantor, and
JOSEPH R. STOUT
whose legal address is 6400 W. 46TH AVE.
WHEAT RIDGE, CO 80033
of the County of JEFFERSON and State of COLORADO , grantee:
WITNESSETH, That the grantor for and in consideration of the sum of 186,500-00 ) ONE HUNDRED
EIGHTY-SIX THOUSAND FIVE HUNDRED & 00/100
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, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the said
County of JEFFERSON and State of Colorado described as follows:
Lot 1,
VINNOLA SUBDIVISION,
County of Jefferson,
State of Colorado.
also known by street and number as:6400 W. 46TH AVE., WHEAT RIDGE, CO 80033
TOGETHER with all and singular the 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 what-
soever of the grantor, either in law or equity, of, in and to the above bargained premises, with the heredio ments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and
assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with
the grantee, his 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 all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except
FOR THE GENERAL TAXES FOR THE YEAR 2002 AND SUBSEQUENT YEARS; ALSO SUBJECT TO
RESTRICTIONS, RESERVATIONS, EASEMENTS COVENANTS AND RIGHTS-OF-WAY OF RECORD OR
IN PLACE, IF ANY.
The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession
of the grantee, 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, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
CALEB KETTLER
CALEB KETTLER AS ATTORNEY IN FACT FOR KEf KETTLER
State of COLORADO )
ss.
zz~
d~z
a
v9W
u
m
k
d
m
dF
ro~
a~
N
N
o' H b Y ° H z m O°
° m o0 m [+7 2' b H c ^w y O rz 'm H x
y o `e x 7S zHz m ° L~1 a m y t'J °
m H H S H 47 aNdc m w m m
74 S. 4 O C C H z z w o °o Z 'A
m m c y1 [n ~by]1 m a y. ty o w i5
o H e O P pd
m3 W
Z M? z y .b v m E X1 C' y a ~D' o. m o.
v' m St1 m0 c a ~C r~iJ H m w w .`Ci m d
N _
OD< z y ~-N9 z%~wm^°°^d°Od
m T~ f'" H ~ H w' rb Q L•J m rt m° w o o
x ~ F O ry m m y~ y m' o w c y
v_ O~ H z as b m 9 y m=~ S y~
m F r ^w w H o y- w o' ~i of
N f C n C w L+] o m w O O. o a w n ip
O W 2 d a K / 7 g 'T. Pd - 'm' c y ° y m o
21
ftj
No O K~ y ~ c a ~0y t~i~ K y ~ o. ~ y~ N m
rn tl H a 9 b m m m So m o °y H
b m n m d [yl! o m m y mo ba m
ryx~ ~ w b
Y ~7 o m a CG [p N y m w o m, o c
y y ( b G~ 5 ° y 6 N re
O R° g z d c° 'a a d a
L+7 ~x7Cj
S z
H m
K H m a F m [n ° m 5 a a H
n a H -n m ° y o• v a o
7H$ [r+] II L*J d m o e o. m o N
tZI
U7
a a p v F w un
H H
H
m
M1 4 b_ w ^m x K o ° y o d^ O
m m i ,b o a w p
O m W S S m m p
n ~ d o g M ~ w o m d a^~°G w
m E
y ~ o m b r< m~ f~ n 3~ m w
6.'J d 'S - 0- C N 'p
o~ 3 y d Wpb
0
vi N bd d m w m N' m°~ o
Sd o n n L-i m ao
o w ❑ d R d m
0
N :U H m c b b° m 5 n p,
t:l
m o O O^
w y m 0~ d n y m
3
~ ~ b d ~ ~ £^J W O
C 6 R ja ^ p
Case No.:
FA0406
Quarter Section Map No.:
NW24 _
App: Last Name:
tout
Related Cases
:
App: First Name:
-
oe
Case History:
16 ft side yard setback
_
ariance from the 30 ft side
Owner: Last Name:
ame
and setback requirement
hen adjacent to a public
Owner: First Name:
App Address:
6400 W. 46th Ave.
Review Body:
BOA -7/22104
City, State Zip:
eat Ridge, CO 80033
APN:
39-242.14-001
App: Phone:
303-456-6767
-W
Owner Address:
ame
2nd Review Body:
.
City/State/Zip:
2nd Review Date:
Owner Phone:
ame'
Decision-making Body:
BOA-7/22/04 _
Project Address:
6400
Approval/Denial Date:
Street Name:
est 464h Avenue
City/State, Zip:
heat Ridge, CO 80033.
Reso/Ordinance No.:
Case Disposition:
Conditions of Approval:
Project Planner: Hirt
File Location: ctive
Notes:
Follow-Up:
District:
Date Received: 6130/2004_
Pre-App Date: j