HomeMy WebLinkAboutWA-04-097500 West 29th Avenue
Wheat Ride, Colorado 80033
The City of
Wheat
Ridge
FAX 303/235-2857
February 11, 2005
Maureen Stigall
3240 Jellison St.
Wheat Ridge, CO 80033
Dear Ms. Stigall:
RE: Case No. WA-04-09
Please be advised that at its meeting on January 27, 2005, the Board of Adjustment DENIED your
request for a 10.3 foot side yard setback variance from the 15 foot side yard setback requirement
resulting in a 4.7 foot side yard setback for property zoned Residential One and located at 3240
Jellison Street for the following reasons:
The hardship has been created by a person having interest in the property.
2. Granting of the variance could potentially change or alter the character of the
neighborhood. A majority of the properties in the neighborhood all meet or exceed the
required fifteen foot side yard setback requirement.
3. The Board agrees with one of the neighbor's statements that "current dwelling
setbacks on all properties in the neighborhood are generous and contribute to the
spacious and quasi-rural character of the neighborhood."
4. There are insufficient circumstances that would justify a setback variance.
5. There were letters and testimony received in objection to the proposed variance by
immediate neighbors.
6. As a solution, the structure, or structures, as proposed as an accommodation for a
disabled person seems impractical in inclement weather.
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.
Maureen Stigall
Page 2
February 11, 2005
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Kathy Field
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: Matt Daily
Arrowhead Concrete & Asphalt Contractors
3718 Osceola St.
Denver, CO 80212-1951
WA-04-09 (case file)
\\mrv kng-001Wsers\k ield\KathNBOA\CORRESP\2005\wa0409dwial.wpd
ORIGINAL
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 27th day of January, 2005.
CASE NO: WA-04-09
APPLICANT'S NAME: Maureen and Jim Stigall
LOCATION: 3240 Jellison Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-04-09 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 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-04-09 be, and hereby is, DENIED.
TYPE OF VARIANCE: A 10.3 foot side yard setback variance from the 15 foot side yard
setback requirement resulting in a 4.7 foot side yard setback for property zoned Residential One.
FOR THE FOLLOWING REASONS:
1. The hardship has been created by a person having interest in the property.
2. Granting of the variance could potentially change or alter the character of the
neighborhood. A majority of the properties in the neighborhood all meet or exceed the
required fifteen foot side yard setback requirement.
3. The Board agrees with one of the neighbor's statements that "current dwelling setbacks
on all properties in the neighborhood are generous and contribute to the spacious and
quasi-rural character of the neighborhood."
4. T'here are insufficient circumstances that would justify a setback variance.
5. There were letters and testimony received in objection to the proposed variance by
immediate neighbors.
Board of Adjustment
Resolution No. WA-04-09
Page two (2)
6. As a solution, the structure, or structures, as proposed as an accommodation for a
disabled person seems impractical in inclement weather.
VOTE: YES: ABBOTT, BELL, DRDA, HOVLAND, HOWARD
NO: NONE
ABSENT: BLAIR
DISPOSITION: A request for a variance of a 10.3 foot side yard setback variance from the 15
foot side yard setback requirement resulting in a 4.7 foot side yard setback for property zoned
Residential One was DENIED.
ADOPTED and made effective this 27th day of January. 2005.
Paul rda, air
Board of Adjustment
Ann Lazzeri, Secretary`
Board of Adjustment
Upon a motion by Board Member ABBOTT and second by Board Member
HOVLAND the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-04-08 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 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-
04-08 be and hereby is DENIED.
TYPE OF VARIANCE: A variance of up to 55 feet from the required 15-foot build-
to-line for special mixed use areas as established by the Streetscape and
Architectural Design Manual for property zoned Commercial-One and located at
5400 West 38t6 Avenue.
For the following reasons:
L The applicant, acting on behalf of the owner, has created a self-imposed
hardship by requesting .a variance from the Streetscape and Architectural
Design Manual guidelines.
2. If the request is denied, the property may still receive a reasonable return in
use.
3. The request would not result in a contribution or benefit to the neighborhood
as distinguished from an individual benefit for the property owners.
4. The request is extreme in its variance and therefore as to the intent and goals
of the Streetscape and Architectural Design Manual.
5. The Board found the applicant's position that parking in front is required to
bring customers into the business unconvincing.
The motion passed 5-0.
Vice Chair DRDA advised the applicant that his request for variance had been denied.
(The meeting was recessed from 8:30 p.m. to 8:37 p.m.)
B. Case No. WA-04-09: An application filed by Maureen and Jim Stigall for
approval of a 10.3 foot side yard setback variance from the 15 foot side yard
Board of Adjustment - 4 -
01-27-05
setback requirement resulting in a 4.7 foot side yard setback for property zoned
Residential One and located at 3240 Jellison Street.
The case was presented by Meredith Reckert. She advised the Board there was
jurisdiction to hear the case. She entered all pertinent documents into the record and
advised the Board there was jurisdiction to hear the case. Before reviewing the staff
report and digital presentation, Ms. Reckert submitted the following documents into the
record and provided copies for Board Members.
• Letter from Paul Hargrave, 3224 Jellison Street, dated January 24, 2005 expressing
opposition to the application.
• Letter from the applicant, dated January 27, 2005 outlining unique circumstances and
hardship.
Staff recommended denial of the variance for reasons outlined in the staff report.
In response to a question from Board Member DRDA, Ms. Reckert stated that the
application is for a carport rather than a garage.
Board Member ABBOTT discussed staff s previous concerns that carports sometimes
evolve into garages and such changes are very difficult for staff to monitor.
Board Member BELL commented that the application stated the carport would prevent
parking on the street and asked if there were any regulations which would prevent
parking in the driveway. Ms. Reckert stated that it is permissible to park cars in the
driveway.
In response to a question from Board Member DRDA, Ms. Reckert stated that a driveway
would be required for a carport.
Maureen Stigall
3240 Jellison Street a
Ms. Stigall, the applicant, was sworn in by Vice Chair DRDA.
Matt Daily
Arrowhead Concrete & Asphalt Contractors
Mr. Daily, contractor for the applicant, was sworn in by Vice Chair DRDA.
Ms. Stigall stated that the carport was necessary to make it easier for her mother to
directly access her living quarters in the lower level of the house. This would prevent her
mother from having to enter from the driveway, street or garage and walk through the
house to access the 14 stairs to the lower level.
Mr. Daily stated that the carport would be adjacent to the house and constructed to match
the existing house's architecture and materials. He welcomed input from neighbors as to
suggested changes in the design.
Board of Adjustment - 5 -
01-27-05
Board Member BELL expressed concern that the carport would be on the same level as
the house and it would still be necessary to use stairs to gain access to the lower level
entrance.
Mr. Daily explained that he would install steps that would be less steep than the existing
steps. For safety reasons, there would also be covering from the carport, over the stairs
and up to the entrance of the house.
Board Member ABBOTT suggested that the mother could enter the house from the
garage and live on the upper level to avoid the use of stairs.
Ms. Stigall stated that the reason she purchased the house is that it does have an R-I
compliant mother-in-law living space downstairs which is more convenient,,Or her
mother. r
Board Member HOWARD expressed concern about blowing snow since the carport
would be open on the north side where the stairs would be located. Mr. Daily replied that
if this proves to be a problem, a wall could be built on the north side. Ms. Reckert
commented that walls are not allowed on carports:
Ms. Stigall and Mr. Daily stated they would be open to building a garage rather than a
carport if that would be acceptable.
Board Member BELL asked if the downstairs living arrangement with a kitchen was
permissible in R-1 zoning.
Ms. Daily read into the record the following letter dated June 10, 2004 from Alan White,
Community Development Director, to Ms. Stigall:
This message is to summarize our telephone conversation. You described the
"mother-in-law quarters" as a couple ofrooms and a kitchenette located in the
basement of the residence. There are stairs leading between the ground floor and
the basement and there are no lockable doors between the two floors. Under
these conditions, and as long as these conditions remain as described the mother-
in-law quarters are not considered a separate living unit. The residence is
considered a one family dwelling and is in compliance with zoning regulations.
Kevin O'Toole
3248 Jellison Street
Mr. O'Toole was swom in by Vice Chair DRDA. He stated his opposition to the
application based on the following reasons: there are no other carports in the cul-de-sac;
two-driveways, whether for a carport or garage, is objectionable; carports diminish the
quality of a neighborhood; and access to the downstairs quarters already exists through
the house. His wife, Marcie, authorized him to voice her opposition also.
Board of Adjustment - 6 -
01-27-05
Paul Hargrave
3224 Jellison Street
Mr. Hargrave was swom in by Vice Chair DRDA. He expressed his opposition for
reasons stated in the letter earlier submitted to the Board: creation of another parking
structure on the lot is not in keeping with the character of the subdivision; approval of the
application could lead to future attempted legal use of the dwelling for multi-family
purposes; covenants for the subdivision call for a single family dwelling not to exceed 2-
1/2 stories in height and a private garage; and the variance would set a precedent for the
subdivision which could depreciate property values. He also stated that he was
authorized to voice opposition on behalf of his wife.
T P" F '
John Anthony t~
3244 Jellison Street
Mr. Anthony was sworn in by Vice Chair DRDA. He expressed his opposition and was
authorized to express his wife's opposition also. He lives next door to the west of the
subject property. He presented a digital depiction of the proposed carport as described by
the applicant. The digital presentation was made a part of the official record. His
opposition was based on the following: a carport would be out of character for the
neighborhood; an attached two-car garage already exists at the residence; the variance
would set a precedent that could depreciate property values in the area.
Upon a motion by Board Member ABBOTT and second by Board Member BELL
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-04-09 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 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-
04-09 be, and hereby is, DENIED.
TYPE OF VARIANCE: A 10.3 foot side yard setback variance from the 15 foot side
yard setback requirement resulting in a 4.7 foot side yard setback for property
zoned Residential One.
For the following reasons:
Board of Adjustment - 7 -
01-27-05
1. The hardship has been created by a person having interest in the property.
2. Granting of the variance could potentially change or alter the character of
the neighborhood. A majority of the properties in the neighborhood all meet
or exceed the required fifteen foot side yard setback requirement.
3. The Board agrees with one of the neighbor's statements that "current
dwelling setbacks on all properties in the neighborhood are generous and
contribute to the spacious and quasi-rural character of the neighborhood."
4. There are insufficient circumstances that would justify a setback variance.
5. There were letters and testimony received in objection to the proposed
variance by immediate neighbors.
6. As a solution, the structure, or structures, as proposed as an accommodation
for a disabled person seems impractical in inclement weather.
The motion passed 5-0. r,
L Vice Chair DRDA advised the applicant that the request for variance was denied.
(The meeting was recessed from 9:29 p.m. to 9:32 p.m.)
C. Case No. WA-04-14: An application filed by Affordable Garages for approval of
a 10 foot side yard setback variance from the 15 foot side yard setback
requirement resulting in a 5 foot side yard setback for property zoned Residential-
One and located at 2971 Teller Street.
This case was presented by Meredith Reckert. She entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. She reviewed
the staff report and digital presentation. Staff recommended denial of the variance for
reasons outlined in the staff report.
Leonard Kearns
2971 Teller Street
Mr. Kearns, the property owner, was swom in by Vice Chair DRDA.
Ken Relyea
1250 S. Huron, Denver
Mr. Relyea, contractor for the property owner, was sworn in by Vice Chair DRDA.
Mr. Relyea stated there is no option to place the garage to the left side because it would
require two driveways. It would also be difficult to build the garage behind the house
because there is a covered patio that would separate the yard into pieces. It would also
necessitate opening and closing a gate to the fenced yard in order to access the garage.
Mr. Kearns stated the garage would not be usable for him if it were placed in the back.
Board of Adjustment - S -
01-27-05
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9-09
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
January 27, 2005
Case No. WA-04-09: An application filed by Maureen & Jim Stigall for approval of a 10.3
foot side yard setback variance from the 15 foot side yard setback requirement resulting
in a 4.7 foot side yard setback for property zoned Residential-One (R-1) and located at
3240 Jellison Street
Name Address In Favor/Opposed
loci! aJ D ?ayc 3a Y -e//rs c-L, b~
ALI-
~oF W"~ as CITY OF WHEAT RIDGE
m PLANNING DIVISION STAFF REPORT
00[OkA~O
TO: Board of Adjustment CASE MANAGER: Travis Crane
CASE NO. & NAME: WA-04-09/Stigall DATE OF MEETING: January 27, 2005
ACTION REQUESTED: Request for approval of a 10.3 foot side yard setback variance from the 15 foot
side yard setback requirement in the R-1 zone district.
LOCATION OF REQUEST: 3240 Jellison Street
APPLICANT (S): Maureen & Jim Stigall OWNER (S): same
3240 Jellison St.
Wheat Ridge, CO 80033
APPROXIMATE AREA: 11,999 sq. ft. (.27 ac.)
PRESENT ZONING: Residential One (R-1)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Location Man
Site
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST
The applicant (owner) is requesting approval of a 10.3 foot side yard setback variance
from the 15 foot side yard setback requirement in the R-1 zone district (Exhibit 1, Letter of
Request).
The property is currently zoned Residential One (R-1), and contains an existing single
family residence. The R-1 zone district allows single family uses and accessory
buildings. The minimum lot size for a property zoned R-1 is 12,500 square feet,
including a minimum lot width of 100 feet. The property is 11,999 square feet in size,
is approximately 105 feet wide, has a fairly rectangular shape and slopes from south
to north towards the Rocky Mountain Ditch which abuts its rear property line (Exhibit
2, Improvement Location Certificate).
II. CASE ANALYSIS
The applicant wishes to construct an attached carport on the east side of the existing
home. The carport would be 375 square feet in size, located 4.7 feet from the eastern
property line. The R-1 zone district requires a minimum front yard setback of 30 feet,
and a minimum side and rear yard setback of 15 feet. The existing structure meets the
required front and rear yard setbacks. The side yard setback on the western side is
14.8 feet.
All other development standards appear to be met.
One side yard setback variance was granted for a property in the neighborhood. The
variance was for a 9 foot encroachment into the required 15-foot side yard setback for
a deck. This variance was approved in 1975 for the property at 3228 Jellison Street.
After a visual inspection of the aerial photographs, it appears that most of the
properties meet or exceed the 15-foot side yard setback requirement.
One letter of objection was received regarding this variance request (Exhibit 3, Letter
of Objection).
III. 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 continue to be used as a single family residence. Additionally,
the structure has an existing double-car attached garage on the west side.
Board of Adjustment
WA-04-09/Stigall
2. If the variance were granted, would it alter the essential character of the
locality?
If the request were granted, the character of the locality could possibly be altered.
After reviewing the aerial photographs, each structure in the neighborhood
appears to meet the required 15-foot side yard setback. The one notable exception
is for a property which was granted a 9-foot side yard setback variance to build a
deck.
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?
The lot does have a unique shape. It is a rectangular shaped lot with a small
appendage located in the northeast corner of the property. This appendage does
not create a unique situation or create a hardship. The property slopes from south
to north. Construction of a garage in the backyard would require a steep driveway
for access. The property does not meet the minimum lot size requirement in the
R-1 zone district.
4. Has the alleged difficulty or hardship been created by any person presently
having an interest in the property?
A person who has interest in the property has caused the hardship. The request
arises from a desire to construct a carport, when a garage currently exists. The
property has ample parking areas.
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?
The request would not be detrimental to the public welfare. The adequate supply
of light and air could possibly be compromised as a result of the request. The
request would not increase congestion in the streets, nor increase the danger of
fire. The request would most likely not have an effect on property values in the
neighborhood.
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?
Board of Adjustment
WA-04-09/Stigall
The request would not result a benefit or contribution to the neighborhood, only
the property owner. The request would not result in a reasonable accommodation
of a person with disabilities.
IV. STAFF CONCLUSION & RECOMMENDED MOTION (S)
Upon review of the above request, staff concludes that the criteria are not
supportive of the request. Therefore, staff recommends DENIAL for the following
reasons:
1. The hardship has been created by a person having interest in the property.
2. Granting of the variance could potentially change or alter the character of the
neighborhood. A majority of the properties in the neighborhood all meet or exceed
the required fifteen foot side yard setback requirement.
3. There are no unique circumstances which would justify a setback variance.
Board of Adjustment
WA-04-09/Stigall
,S jo'w& %RA'' ( sub # d
AMR
Paving . Patching ■ Sealcoating ■ Crackifill ■ Striping n Landscape construction . Drainage sys ms ■ Retaining Walls
December 9, 2004
Mr. Travis Crane, Planner
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
SUBJECT: Application for Residential Variance
Property: 3240 Jellison Street
Purpose: Driveway, carport and shed roof
Dear Mr. Crane,
Pursuant to our meeting, I have enclosed the required documents, along with a check in the
amount of $390.00, in order to make formal application for a zoning variance on behalf of
Maureen and Jim Stigall for the construction of a supplemental driveway, carport and shed roof.
Please note the following highlights concerning the Stigall's proposal.
1) The outer appearance of the carport structure will be of a design intended to complement
the existing home, including color and texture of siding, vertical posts and shingles. Also,
the north-facing roofline will be identical to the existing roofline.
2) The eastern-most end of the carport is at a considerable distance from the neighbors'
residence, thereby providing significant physical space between.
3) The lot size of both the Stigall's residence, along with that of the neighbor to the east,
provides ample overall space so as not to detrimentally affect the neighborhood.
4) The shed roof will not be visible from the street, and is intended only to direct rain and
snow away from rear of the house.
Mr. and Mrs. Stigall are sensitive to the overall aesthetics of their property, as well as those of
the neighborhood; they have enlisted the services of a qualified architectural firm to achieve that
end. It is their intent that the visual impact of the proposed construction will be complementary
to the appearance of the neighborhood.
Our thanks to you and the review board for their consideration of our proposal.
Ph: 303.587.8900 EXHIBIT I Fax: 303.477.9101
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January 21, 2005
John W. Anthony and Donna I. Hallewell
3244 Jellison Street
Wheat Ridge, Colorado 80033
City of Wheat Ridge Planning Department
7500 W. 29*h Avenue
Wheat Ridge, Colorado 80033
Subject: Case No. WA-04-09,3240 Jellison Street
Attn: Travis Crane, Planner
Dear Mr. Crane:
We are writing in regards to Case No. WA-04-09 of the Planning Department of the City
of Wheat Ridge, which is a request for approval of a 10.3-foot side yard setback variance
from the current 15-foot side yard setback requirement. This would result in a 4.7-foot
side yard setback at the subject property (3240 Jellison Street, Wheat Ridge, Colorado),
which is zoned Residential-One (R-1). It is our understanding, based on a plat of the
subject property provided by the City of Wheat Ridge, that the variance has been
requested to allow construction of a carport adjoining the east side of the single-family
residence at that address.
We are the owners and occupants of a single-family residence adjacent to, and
immediately west of the subject property, at 3244 Jellison Street, Wheat Ridge, Colorado,
and are concerned about several aspects of the requested variance. Current dwelling
setbacks on all properties in the neighborhood are generous, and contribute to the
spacious and quasi-rural character of the neighborhood. Our first concern is aesthetic-
construction of a carport closely impinging on an adjacent property boundary is not in
keeping with the character of the neighborhood, which uniformly consists of single-
family residences with enclosed garages. (Note that the single-family residence at the
subject property already has a two-car enclosed garage on its west side.) Furthermore,
construction of a carport on the east side of the residence would result in a dwelling with
vehicle parking structures on its east and west sides, and with two separate driveways.
Our second concern is that approval of the requested variance would establish a
precedent, allowing installation of inappropriate structures, essentially at the whim of an
owner. Neighborhood property values could be adversely affected by a significant
change in the character of the neighborhood, such as would result from subsequent
construction of inappropriate structures.
CADoe=ents and Settings\John W. Anthony\My Doc=ents\Penonal Wodc\Wheal Ridge Protest Letter.doc
EXHIBIT 3
Mr. Travis Crane, Planner
21 January 2005
Page 2
As a result of these concerns, we feel that we must protest the requested property setback
variance. Thank you for your assistance in this matter.
Sincerely,
John W. Anthony
Donna I. Hallewell
CADocuments and Settings\John W. Anthony\My DocumentsTmonal Work\Wheat Ridge Protest Letter.doc
Our most serious concern addresses the issue of safety. To a large degree, property
setbacks for structures have been adopted to prevent the ready spread of a fire from an
affected structure to an adjacent structure. If the requested variance is granted, this could
lead to a significant reduction in fire safety for the entire neighborhood.
~cf2c- ~w.~-oY-off .
Jim and Maureen Stigall
3240 Jellison St
Wheat Ridge, CO 80033
January 27, 2005
Planning Staff
Wheat Ridge, Colorado
RE: Variance application, 3240 Jellison Street
To whom it may concern,
in response to the points made in the ruling concerning our variance application, we recognized
that we might have omitted some information that is very important. The following is an item-
by-item response to each individual item under number IV, STAFF CONCLUSION &
RECOMMENDED MOTION(S)
1) A hardship, not of our own creation, does exist in thatMaureen's mother is 73 years old,
and has and will have a progressively more difficult trip to her downstairs bedroom in the
rear basement of the house. It would be of great relief to her, now and in the future, to
being able to step out of her car and enter the house taking only a few steps compared
with the distance she must now walk, from the street to the house, through the house, and
down a steeper flight of interior stairs. It should be noted that the outside stairs will be
fewer in number, and farther between each. Not only would a hardship be relieved, our
mother will remain_a part of our household for years longer, and be surrounded by her
family rather than relegated to an assisted living center or retirement home.
2) Because of the design by our qualified architect, our carport will not appreciably change
or alter the character of the neighborhood. In fact, our purpose in retaining an architect is
to create a carport that is virtually identical to the appearance of the present structure in
colors, materials, etc. Construction and design drawings alone will cost between
$1500.00 and $2,000.00 for this very reason, and we will be sparing no expense to create
a harmonious and integrated structure. We are open to input to the review board, and
most certainly our neighbors, for design ideas. Also worth noting: we will also be
eliminating a vehicle from being parked on the street.
3) As noted on line item #2 in the STAFF CONCLUSION, there are in fact unique
circumstances that justify the variance. My mother is a very important part of our family,
and the unique part is that she gets along well with my husband enough to remain a
valued member of our household. My mom's need to be accommodated in her autumn
years may not be unique, but doing so would absolutely not detract from the
neighborhood with a high quality, well constructed and homogeneous structure.
Let us assure the City, and our neighbors, that we will go to considerable time and expense to
insure that we complement the appearance and value of our home, its value, as well as the
neighborhood in which our family (including my mom) are grateful to live in.
Thank you very much for considering a modification that will keep my mom with us for years to
come, and at that same time be of no concern to our valued neighbors.
Sincerely,
Maureen Stigall Jim Stigall
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January 24, 2005
Wheat Ridge Board of Adjustment
7500 W. 29'b Avenue
Wheat Ridge, CO 80033
RE: Case No. WA-04-09
As a property owner in the Wheat Ridge Knolls Subdivision, I wish to bring your
attention to the following:
a. Creation of another parking structure on the lot is not in keeping with the overall
character and general tenor and integrity of the subdivision. Platted as a single-
family subdivision in a R-I zone district, the approval of an additional parking
structure on single-family lots can, over time, lead to the attempted illegal use of
the dwelling for multi-family purposes.
b. The covenants for the subdivision call for "a single family dwelling not exceed two
and one-half stories in height and a private garage." This home already has a two
car attached garage. I realize that the board does not enforce covenants, but I urge
you to take this into consideration in reviewing the request.
c. Allowing this variance will set a precedent for the subdivision and could lead to
similar structures which could depreciate property values of all the lots in the
subdivision-
I do not wish to create bad feelings with a neighbor who has recently moved into the
subdivision. In fact, it is unfortunate that the subject had not been raised in the
neighborhood prior to any public process. Since that has not occurred, I can only voice
my opinion to your body in hopes that you will have the same concern for the City of
Wheat Ridge by not allowing the potential degradation of one of the city's fine living
areas.
F /Je°
argra
ve
son Str
eet
Wheat Ridge, CO 80033
POSTING CERTIFICATION
CASE NO. ~A JA _n 4,01
PLANNING COMMISSION / CITY COUNCI / BOARD OF ADJUSTMENT~ircle One)
I,
re
as the applicant for Case No. WA -b4 -q , hereby certify that I have posted the Notice of
Public Hearing at
(location)
on this V_K day of (:>A)g I IAA1 I 20A!5 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 he g on case an d will be placed in the
applicant's case file at the Community Developmen epartnt.
MAP
e:\planninglfonns%postingc rt
Rev. 7N/03
HEARING DATE: 1 /0-7110 S
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 January 27, 2005, at 7:30 p.m. in the Council Chambers of
the Municipal Building at 7500 West 29`' Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. The following
petitions shall be heard:
Case No. WA-04-08: An application filed by Cheng Ku for approval of a variance of up
to 55 feet from the required 15 foot build-to-line for special mixed-use areas as
established by the Streetscape and Architectural Design Manual for property zoned
Commercial-One (C-1) and located at 5400 West 3Sth Avenue.
Case No. WA-04-09: An application filed by Maureen & Jim Stigall for approval of a
10.3 foot side yard setback variance from the 15 foot side yard setback requirement
resulting in a 4.7 foot side yard setback for property zoned Residential-One (R-1) and
located at 3240 Jellison Street.
Case No. WA-04-14: An application filed by Affordable Garages for approval of a 10
foot side yard setback variance from the 15 foot side yard setback requirement resulting
in a 5 foot side yard setback for property zoned Residential-One (R-1) and located at
2971 Teller Street.
Case No. WA-04-17: An application filed by Republic Garages for approval of a 12 foot
side yard setback variance from the 30 foot side yard setback requirement when adjacent
to a public street resulting in an IS foot side yard setback for property zoned Residential-
Two (R-2) and located at 3010 Saulsbury Street.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Clerk
To be published: Wheat Ridge Transcript
Date: January 13, 2005
~F OA- /--~41-0-A-: MetroScan / Jeffe l ~7~~~
rson (d0)
Owner :Steinman Thomas L Parcel :020945
Site :9880 W 34th Dr Wheat Ridge 80033 Xfered :08/27/2004
Mail :9880 W 34th Dr Wheat Ridge Co 80033 7003 2260 0003 1176 0136
Use :1112 Res,Improved Land
Bedrm:5 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,708 Ac:
* ---------------------------MetroScan / Jefferson (CO)
Owner :Mashburn David/Mairi Parcel :020952
Site :9890 W 34th Dr Wheat Ridge 80033 Y ,-er7 :07/26/2004
Mail :9890 W 34th Dr Wheat Ridge Co 80033 7003 2260 0003 1176 0143
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,376 Ac:
* : MetroScan / Jefferson (CO)
Owner :Demott Paul J Parcel :021012
Site :3229 Jellison St Wheat Ridge 80033 Xfered :02/24/1Q77
Mail :3229 Jellison St Wheat Ridge Co 80033 7003 2260 0003 1176 0150
Use :1112 Res,Improved Land lull~
Bedrm:4 Bath:2.25 TotRm: YB:1971 Pool: B1dgSF:2,283 Ac:
* : MetroScan / Jefferson (CO)
Owner :Heim Ralph Frederick Parcel :021013
Site :3233 Jellison St Wheat Ridge 80033 .10i9Q/1QRR
7003 2260 0003 1176 0167
Mail :3233 Jellison St Wheat Ridge Co 80033
Use :1112 Res,Improved Land Phone
Bedrm:4 Bath:2.50. TotRm: YB:1971 Pool: B1dgSF:2,726 Ac:
* • MetroScan / Jefferson (CO)
Owner :English Robert E Parcel :021056
Site :9920 W 34th Dr Wheat Ridge 80033 vco,. o.a -R7/16/1.971
Mail :9920 W 34th Dr Wheat Ridge Co 80033 7003 2260 0003 1176 0174
Use :1112 Res,Improved Land Phone
Bedrm:4 Bath:2.50 TotRm: YB:1953 Pool:Yes B1dgSF:2,450 Ac:
• MetroScan / Jefferson (CO)
Owner :Vasquez Gregorio E Parcel :094006
Site :3237 Jellison St Wheat Ridge 80033 yforoa •11/1')11QQ7
Mail :3237 Jellison St Wheat Ridge Co 80033 7003 2260 0003 1176 0181
Use :1112 Res,Improved Land one :,~Uj-.~VZ-JODU
Bedrm:4 Bath:2.25 TotRm: YB:1971 Pool: B1dgSF:2,108 Ac:
* ---------------------------MetroScan / Jefferson (CO)
Owner :Anthony John W Parcel :094008
Site :3244 Jellison St Wheat Ridge 80033 Xfered Ana/1nt~~~=
Mail :3244 Jellison St Wheat Ridge Co 80033 7003 2260 0003 1176 0198
Use :1112 Res,Improved Land
Bedrm:3 Bath:3.00 TotRm: YB:1973 Pool: B1dgSF:2,095 Ac:
* ---------------------------MetroScan / Jefferson (CO) •
Owner :Stigall James J/Maureen T Parcel :094009
Site :3240 Jellison St Wheat Ridge 80033 7003 2260 0003 1176 0204
Mail :3240 Jellison St Wheat Ridge Co 80033
Use :1112 Res,Improved Land Phone :321-757-5880
Bedrm:3 Bath:1.75 TotRm: YB:1971 Pool: B1dgSF:2,160 Ac:
* : MetroScan / Jefferson (CO)
Owner :Metzinger Cheri L Trust Parcel :094010
Site :3236 Jellison St Wheat Ridge 80033
Mail :3236 Jellison St Wheat Ridge Co 80033 7003 2260 0003 1176 0211
Use :1112 Res,Improved Land Phone
Bedrm:4 Bath:1.75 TotRm: YB:1971 Pool: - B1dgSF:2,176 Ac:
* • MetroScan / Jefferson (CO) : -
owner :Oldham David E Parcel :094011
Site :3232 Jellison St Wheat Ridge 80033 11
Mail :3232 Jellison St Wheat Ridge Co 80033 7003 2260 0003 1176 0228
Use :1112 Res,Improved Land P one
Bedrm:4 Bath:3.00 TotRm: YB:1971 Pool: B1dgSF:2,100 Ac:
* : MetroScan / Jefferson (CO)
Owner :Stecklein Ronald J Parcel :094012
Site :3228 Jellison St Wheat Ridge 80033 260 0003 1176 0235
Mail :3228 Jellison St Wheat Ridge Co 80033 7003 2 u /~~PT RID
Use :1112 Res,Improved Land Phone :303-462-4412
Bedrm:4 Bath:3.00 TotRm: YB:1972 Pool: B1dgSF:2,985 Ac~ p
Information compiled front 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 Whelp Ridge
Telephone 303/235-2846
FAX 303/235-2857
January 12, 2005
Dear Property Owner:
This is to inform you of Case No. WA-04-09 which is a request for approval of a 10.3 foot side
yard setback variance from the 15 foot side yard setback requirement resulting in a 4.7 foot side
yard setback for property zoned Residential-One (R-1) and located at 3240 Jellison 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 January 27, 2005, at 7:30 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
\\s -ei-eng-001\users\ldield\Katby\BOA\pubnotice\2005\wa0409.wpd
Thomas Steinman David & Mairi Mashburn Paul Demott & Angela Demon:
9880 W 34th Dr 9890 W 34th Dr 3229 Jellison St
Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033
Ralph Frederick Heim
Kathleen Griffi Heim
3233 Jellison St
Wheat Ridge, CO 80033
Robert English & Carol English
9920 W 34th Dr
Wheat Ridge, CO 80033
Gregorio Vasquez & Maria Vasquez
3237 Jellison St
Wheat Ridge, CO 80033
John Anthony & Donna Hallewell
3244 Jellison St
Wheat Ridge, CO 80033
David Oldham & Janet Oldham
3232 Jellison St
Wheat Ridge, CO 80033
James & Maureen Stigall
3240 Jellison St
Wheat Ridge, CO 80033
Ronald Stecklein & Patricia Stecklein
3228 Jellison St
Wheat Ridge, CO 80033
Cheri Metzinger
3236 Jellison St
Wheat Ridge, CO 80033
* Search Parameters
* Jefferson (CO)
* 1/11/2005
* 4:11 PM
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Residential Worksheet (SF/Duplex)
Submittal requirements:
Copy of Deed pf Site Plan (to scale) Elevations
Address: V4D kttisn^
Zoning:
Use:
Lot Size: sq. ft. Lot Width:
Property in the flood plain?
ft.
Maximum Lot Coverage:
Proposed Improvements:
House:
Addition to House: _
*Shed: _
Detached Garage:
sq. ft.
sq. ft.
sq. ft.
sq. ft.
Proposed Lot Coverage: (Total)
sq. ft.
Existing Improvement(s):
House: sq. ft.
Shed: sq. ft.
Detached Garage:
Other:
sq. ft.
sq. ft.
sq. ft.
Required Setbacks: FR S
Provided Setbacks: FR S
S R
S R
Maximum Height:
Proposed Height:
ft. Maximum Size:
ft. Proposed Size:
sq. ft.
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
*Metal sheds in excess of 120 s.f. not allowed.
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:
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Paving ■ Patching ■ sealcoating ■ CrackfilI ■ striping ■ Landscape construction ■ Drainage systems ■ Retaining Walls
January 19, 2005
Mr. Travis Crane, Planner
City of Wheat Ridge
7500 W. 29 b Avenue
Wheat Ridge, CO 80033
SUBJECT: Application for Residential Variance
Property: 3240 Jellison Street
Purpose: Driveway, carport and shed roof
Dear Mr. Crane,
Per our recent discussions, I have enclosed two (2) photographs of the existing Stigall home,
specifically representing that side to which the proposed carport will be placed. The photographs
are intended to provide those persons considering the variance application an accurate sense of
the minimum impact, and what might be considered an appropriate use.
The Stigalls look forward to the variance application being considered on January 27`h
Please feel free to contact me if you require any additional information beforehand.
Thank you for your consideration.
Ph: 303.587.8900 Fax: 303.477.9101
Heceived: 7/ 6/04 12:58;
JUL-06-2004 12:50 FROM-PARAMEDIC DIVISION
+3034368195 ARROWHEAD#CONCRETE; Page 8
+3034369195 T-491 P.008/015 F-519
F WHEAT
LAND USE CASE PROCESSING APPLICA
ION
Community Development Department
7500 West 291h Avenue, Wheat Ridge, CO 80033
c°toRnPhone(303)235-2846
(Please print or type all infarmation)
Applicant V~A~yZt ~u ~~k&Ati t Address 32- `~D ::COLLG5014 S1 Phon
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Contact MA'11 17 1L`I Address f`0 }?02C 17?il-7 Phon
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to answer questions regarding this application, provide additional information
public hcaring signs, and will receive a copy of the staff report
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Location of request (address): Z O LLIS-IV S C t,(}
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Type of action requested (check one or more of the actions listed below which pertain to your request
Application submina/ requirements on reverse side
D 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 to
s)
O Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group O Temporary Use, Building, Sign
❑ Site Development Plan approval W-Variance[Waiver (from Section
❑ Other:
C
Detailed description of request:. g,21~6f 15 •^(a FAc t ~vyf
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Required information:
Assessors Parcel Number. Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use:
grpi
47
ry
_
i
Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best a:i
eny knowledge
and that in filing this application, I am acting with the knowledge and consent of those pergcnsI
listed above
without whose consent the requested action cannot lawfully be accomplished. Applicants otliz;
,
than owners
must submit powerof-attomey from the owner hich~pproved of this action on his beh2f.
Signature of Applicant
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Date received .i( 2z0 C °i r'
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Case No.:
VUA0409
Quarter Section Map No.:
NW27
App: Last Name:
Maureen &Jim Stigall
! Related Cases:
App: First Name:
c/o Matt Daily
Case History:
Sft side yard setback
the 15
an
nce to
Owner: Last Name:
Maureen & Jim Sti9all
d s
etback
requirement
Owner: First Name:
c/o Arrowhead
resulting in a 10 ft side yard:
App Address:
P.O. Box 12317
~
Review Body:
BOA - 1127105
City, State Zip:
Denver, CO 80212
App: Phone:
303-587-8900
APN:
39-272-15-005
Owner Address:
3240 Jellison St.
2nd Review Body:
I
City/State/Zip:
heat Ridge, CO 80033
2nd Review Date:
Owner Phone:
Decision-making Body:
BOA.1/27105
Project Address:
J
-
3240 _
! Approval/Denial Date:
I
Street Name:
n Street
City/State, Zip:
Vheat
heat Ridge, C080033
Reso/Ordinance NO.:
Case Disposition:
Conditions of Approval
Project Planner: Crane
File Location: ctive
Notes:.
Follow-up:
District: III._.
Date Received: 1211412004
Pre-App Date: 1
CITY OF WHEAT RIDGE
12/17/1)4 12.31 PM cdU
MAUREEN STIGALL
RECEIPT NO:CO18544 AMOUNT
FMSD ZONING APPLICATION F 3300.00
ZONE
F715D ZONING REIMBURSEMENT 90.00
ZREIM
PAYMENT RECEIVED AMOUNT
CK 5185 340.00
TOTAL 390.00