HomeMy WebLinkAboutWA-04-147500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/235-2846 Ridge
FAX 303/235-2857
February 11, 2005
Leonard Kearns
2971 Teller St.
Wheat Ridge, CO 80033
Dear Mr. Kearns:
RE: Case No. WA-04-14
Please be advised that at its meeting on January 27, 2005, the Board of Adjustment DENIED your request for 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 for the following reasons:
1. The hardship has been created by a person having an interest in the property.
2. Granting of the variance, while it would not potentially change or alter the character of the
neighborhood, does encroach a considerable distance into the required setback.
3. There are alternatives available including reducing the size of the garage from a three-car to a
two-car garage requiring a lesser variance or building a garage meeting setback requirements in
the rear yard.
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,
Kathy Field
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: Ken Relyea
Affordable Garages
1250 S. Huron
Denver, CO 80223
WA-04-14 (case file)
_Baifrting-Fiae_
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-04-14
APPLICANT'S NAME: Affordable Garages
LOCATION: 2971 Teller Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-04-14 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-04-14 be, and hereby is, DENIED.
TYPE OF VARIANCE: 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.
FOR THE FOLLOWING REASONS:
The hardship has been created by a person having an interest in the property.
2. Granting of the variance, while it would not potentially change or alter the character of
the neighborhood, does encroach a considerable distance into the required setback.
3. There are alternatives available including reducing the size of the garage from a three-car
to a two-car garage requiring a lesser variance or building a garage meeting setback
requirements in the rear yard.
VOTE: YES: ABBOTT, BELL, DRDA, HOVLAND, HOWARD
NO: NONE
ABSENT: BLAIR
Board of Adjustment
Resolution No. WA-04-14
Page two (2)
DISPOSITION: A request for 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
was DENIED.
ADOPTED and made effective this 27th day of January. 2005.
i
air
Board of Adjustment
Ann Lazzerj, Secretary
Board of Adjustment
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.
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.) AFT
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 sworn in by Vice Chair DRDA.
Ken Relyea
1250 S. Huron, Denver
Mr. Relyea, contractor for the property owner, was swom 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 - 8 -
01-27-05
Board Member ABBOTT suggested that an attached garage would eliminate the need for
a variance. Mr. Relyea explained that an attached garage would be significantly more
costly than a detached garage.
Board Member BELL suggested building a double tiered, or tandem garage, to eliminate
the need for a variance.
Mr. Relyea explained that would be too tight and cumbersome for the vehicles. Mr.
Kearns has a 3/, ton pickup that needs extra room to open the doors. A 16-foot door is not
adequate for vehicles this size. That is why the applicant wants to build a 3-car garage
rather than a 2-car garage.
Board Member BELL stated that she has difficulty approving a variance when there is
room in the back to build without a variance. Mr. Kearns stated that building in the back
would reduce the size of his yard.
Board Member BELL also expressed concern about fire protection when side yard
setbacks are reduced.
Mr. Relyea asked if the Board would consider a smaller variance. T
Board Member DRDA stated that he could not find a hardship in this case. The applicant
could build a 24-foot double car, double deep garage.
Board Member HOVLAND agreed that he did not believe a hardship has been
established.
Upon a motion by Board Member BELL and second by Board Member ABBOTT,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-04-14 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 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-
04-14 be, and hereby is, DENIED.
Board of Adjustment - 9 -
01-27-05
TYPE OF VARIANCE: 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.
For the following reasons:
1. The hardship has been created by a person having an interest in the
property.
2. Granting of the variance, while it would not potentially change or alter the
character of the neighborhood, does encroach a considerable distance into
the required setback.
3. There are alternatives available including reducing the size of the garage
from a three-car to a two-car garage requiring a lesser variance or building a
garage meeting setback requirements in the rear yard.
L The motion passed 5-0. ' AFT
Vice Chair DRDA advised the applicant that his request for variance was denied.
D. 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 18 foot side yard setback for
property zoned Residential Two and located at 3010 Saulsbury Street.
The case was presented by Jeff Hirt. Prior to his presentation, he entered a letter into the
record and provided copies to the Board. The letter was signed by nine neighbors
expressing support of the application. Mr. Hirt entered all pertinent documents into the
record and advised the Board there was jurisdiction to hear the case. He reviewed the
staff report and digital presentation. Staff recommended denial of the variance for
reasons outlined in the staff report.
Jerry Cassell
3010 Saulsbury
Mr. Cassell, the property owner, was swom in by Vice Chair DRDA. His reason for
requesting a variance is to build a three-car detached garage. He wants to get his vehicles
off the street and driveway and into a garage. He stated that the proposed garage would
match the house with a hip roof and similar building materials. If he were to extend his
single car garage to the south it would necessitate the removal of two 25-year-old shade
trees. The only viable location for the proposed garage is the one contained in the
application. There is also a safety factor involved with his property being located on the
comer. There was one incident of a car crashing through the split rail fence on the comer
of his property as well as incidents of vandalism to his vehicles. There is a well-house in
the back yard that will not be removed.
Board of Adjustment 10 -
01-27-05
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
January 27, 2005
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
4Name Address In Favor/Opposed
~;;1d2 Tu~f~z ~R`~r Teller - r\) Flo, jc?r
~~-l2~ L~Se~e cS7S'/ Lv.7~lfh /~L 1~f ~i- lly~
~oFW"S"RO CITY OF WHEAT RIDGE
m PLANNING DIVISION STAFF REPORT
CO[ORPOO
TO: Board of Adjustment CASE MANAGER: Travis Crane
CASE NO. & NAME: WA-04-14/Affordable Garages DATE OF MEETING: January 27, 2005
ACTION REQUESTED: Request for approval of a 10 foot side yard setback variance from the 15 foot
side yard setback requirement in the R-1 zone district.
LOCATION OF REQUEST: 2971 Teller Street
APPLICANT (S): Affordable Garages OWNER (S): Len Kearns
1251 S. Huron St. 2971 Teller St.
Denver, CO 80223 Wheat Ridge, CO 80033
APPROXIMATE AREA: 14,020.8 sq. ft. (.32 ac.)
PRESENT ZONING: Residential One (R-1)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
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All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
I. REQUEST
The applicant, as a representative for the property owner, is requesting approval of a 10
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 14,020.8 square feet in
size, is approximately 96 feet wide, has a rectangular shape, and is relatively flat
(Exhibit 2, Improvement Location Certificate).
II. CASE ANALYSIS
The applicant wishes to construct a detached garage on the north side of the existing
home. The garage would be 990 square feet in size, located 5 feet from the northern
property line. The R-1 zone district allows detached garages up to 1,000 square feet.
The R-1 zone district requires a minimum front yard setback of 30 feet, and minimum
side and rear yard setbacks of 15 feet. The R-1 zone district allows a maximum height
of 15 feet for detached garages, measured to the midpoint of the roof. The garage will
be 11.5 feet in height (Exhibit 3, Elevations). All other development standards in the
R-1 zone district would be met.
There is an existing single-car garage attached to the south side of the home. The
applicant has indicated that the existing garage will be converted to living space.
According to our land use atlas, there have been other variances granted in the
immediate vicinity:
• Case No. WA-83-25 was a 10' side yard setback variance granted for R-1
zoned property located at 2935 Teller Street for construction of a house
addition.
• Case No. WA-77-31 was a 1.6' side yard setback variance granted for R-2
zoned property located at 7250 W. 29a' Avenue for construction of a detached
garage.
This property was subject to a variance request in 1998. Case No. WA-98-01 was a
request by Leonard Kearns (same property owner) for approval of a 5' side setback
variance from the required 15' side yard setback to allow construction of a detached
garage. This case was denied by the Board of Adjustment on February 26, 1998.
(Exhibit 4, January 22, 1998 Board of Adjustment minutes) and (Exhibit 5, February
26, 1998 Board of Adjustment minutes).
Staff has received one letter of support from an adjoining neighbor (Exhibit 6, Letter
of Support).
Board of Adjustment
WA-04-14/Affordable Garages
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.
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.
There have been variances granted in the neighborhood pursuant to Case Nos.
WA-77-31 and WA-83-25.
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 not have a unique shape. It is a rectangular shaped lot and exceeds
the R-1 lot area minimum of 12,500 square feet at 14,020 square feet. The
property is relatively flat so topographic conditions are not a concern.
4. Has the alleged difficulty or hardship been created by any person presently
having an interest in the property?
A person who has an interest in the property has caused the hardship. The request
arises from a desire to construct a three-car garage measuring 33' x 30'. The
garage could be reduced in size and meet setback requirements, or at least require
a lesser variance. Another alternative would be to build the garage in the rear
yard; however, the applicant has indicated that there are existing trees which
would have to be removed for this to happen.
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
Board of Adjustment
WA-04-14/Affordable Garages
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?
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
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 an interest in the property.
2. Granting of the variance could potentially change or alter the character of the
neighborhood.
3. There are alternatives available including reducing the size of the garage from a
three-car to two-car garage requiring a lesser variance or building a garage meeting
setback requirements in the rear yard.
Board of Adjustment
WA-04-14/Affordable Garages
A11ORdAb1E GARAGES
1251 S Huron St Unit A Denver, CO 80223 (303) 384-3242
Bank Financing Available
Inexpensive Garages
Custom Garages
Expansion
Detached
Attached
Licensed
Insured December 22, 2004
City of Wheat Ridge, B.O.A
Community Development Department
7500 W. 29d' Avenue
Wheat Ridge, CO 80033
To Whom It May Concern:
Affordable Garages, representing Len Kearns, would like to request a variance. We
would like to have the 15' side setback on the north reduced to 5' so that the Kearns can
build a 30x33 detached garage.
Thank you
Since
Affordable ages
EXHIBIT 1
A11ORdAb1E GARAGES
1251 S Huron St Unit A Denver, CO 80223 (303) 384-3242
Bank Financing Available
Inexpensive Garages
Custom Garages
Expansion
Detached
Attached
Licensed
Insured
a. The property located at 2971 Teller St. would not be able to yield a reasonable
return in income if the homeowner is not able to have a garage built for parking
vehicles. The homeowner is planning on converting the existing garage into iiving
space, therefore making it difficult to sell the house in the future.
o. If the variance is granted it would not alter the essential character of the locality.
Throughout the area, others have built large structures on their property. This garage
would be next to the house and the adjacent property owner has no problem with the
proposed garage (see attached letter).
c. If the homeowner has to have a 15'side setback, the garage will need to be moved
behind the house, which will result in trees having to be removed. Additionally, a
great deal of landscaping will need to be removed and a hard surface will be needed
all the way back to the garage which would diminish the appearance of the
surrounding landscapes and houses.
d. The homeowners have not brought any difficulty or hardships on themselves
e. This garage would have no negative affect in any way on anyone. In fact, it would
help the general appearance of the area by taking cars off the driveway and street and
storing them out of sight. It will also make it safer for children in the neighborhood as
there would be fewer cars for them to be running between, around and behind of It
would also make it safer in regards to easier visibility for both children and drivers
coming down the street,
f Granting this variance would contribute to the neighborhood as far as the property
value goes and the ability to sell houses. Physically, it would be more pleasing to see
a nicely constructed garage then to see a driveway also with vehicles on it. These
homeowners are also getting older and a garage will make it safer and easier for them
to enter their house.
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Whereas, the applicant was denied permission by an Administrative Officer; and
Whereas, Board of Adjustment Application, Case No. WA-97-31 is an appeal to this
Board from the decision of an Administrative Officer; and
Whereas, the property has been posted the required 15 days by law and in recognition
that there WERE NO protests registered against it; and
Whereas, the relief applied for MAY NOT be granted 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-97-31, be and hereby is DENIED.
Type of Variance: A Request for approval of a 953 square foot lot area variance to the
9,000 square foot lot area requirement and a 15-foot lot width
variance to the 75-foot lot width requirement for the purpose of
building a two-family residence.
For the Following Reasons:
Criteria:
1. According to Section 26-15 (F), of the Wheat Ridge Code of Laws, a one-family
dwelling in the Residential-Two A zone district can be located on a 7,500 square
foot property with a 60 foot lot width. Therefore, if the request is denied, the
property may yield a reasonable return in use, service and income.
2. The property was subdivided with the understanding by the Planning
Commission, that it was to remain a single family parcel. The applicant was
made aware during the subdivision process that the property was substandard in
lot width and lot area for the development of a duplex.
3. The property currently exists as a primarily rectangular lot, although the southern
property line meanders to the east at a slight angle there is inadequate building
envelope established that would permit proper development of a sizable
residential structure.
4. The hardship has been created by the applicant through the subdivision process.
The applicant has sole interest in the property.
5. There would appear to be no hardship other than the lot size and width. There are
several properties throughout the City of Wheat Ridge which exist as substandard
lots of record, this hardship situation is common to all of these properties.
The motion'carried 8-0.
B. Case No. WA-98-1: An application by Leonard and Glenna Kearns for approval
of a five foot side yard setback variance to the 15' side yard setback requirement
for the purpose of constructing a two-car garage. The property is zoned
Residential-One and is located at 2971 Teller Street.
Board of Adjustment EXHIBIT 4
01/22/98
Page 3
i
a
Sean McCartney presented the staff report, including a correction to the cover sheet. The
date posted and date legal notices sent should state January 8, 1998, instead of
January 15, 1998. Zoning Ordinance, case file and exhibits were entered into the record.
The property is within the City of Wheat Ridge, all notification and posting requirements
have been met, therefore there is jurisdiction to hear the case.
Mr. McCartney presented slides and aerial pictures of the property. He also presented an
overview of the case including measurements, comparisons to properties nearby, and
other options for the size of the proposed garage. Mr. McCartney followed with
explanation of the criteria used to evaluate a variance application. Staff concluded that
the criteria supports approval of the request.
Board Member ECHELMEYER brought attention to the fact that the application is
unsigned and was not notarized, he asked if the Board is still able to act.
Staff responded that an incomplete application keeps the Board from taking any action at
this time. Public testimony can be heard but decision should be based on a complete
application.
Board Member THIESSEN asked for clarification of the option of locating the structure
at a different location of the site.
Mr. McCartney responded that the structure could be located in the rear of the property
which would comply with the setback requirement, however, this would create a long
driveway, which would be more costly.
Board Member HOVLAND asked if the garage has to be detached, or could an attached
garage be proposed.
Chair Person MAURO swore in Leonard Kearns of 2971 Teller Street.
Leonard Kearns presented his case including the explanation for proposing a detached
garage. The reason being is that in order to attach the garage the gas meter would have to
be moved. Mr. Kearns also explained his reason for proposing the extra width, in order
to accommodate his large vehicles and space to open the doors while in the garage.
Board Member ABBOTT discussed the hardship criteria with the applicant and explained
that this is one of the major deciding factors. He also explained that there are a number
of properties within the City of Wheat Ridge that meet the same requirements of his
property and they have located their garage behind the house.
Discussion followed regarding the requirements of ventilation and escape windows
according to the Building Code.
There was a motion by Board Member HOVLAND, seconded by Board Member
WALKER, to continue the case until the application is complete and the Board has all of
the information that is necessary.
Board of
01/22/98
Page 4
A. oft ONNNIM : (continued from January 22, 1998.) An application
by Leonard and Glenna Kearns for approval of a five-foot side yard setback
variance to the fifteen-foot side yard setback requirement for the purpose of
constructing a two-car garage. The property is zoned Residential-One (R-1) and
located at 2971 Teller Street.
Sean McCartney presented the case. He entered into the record the zoning
ordinance, case file, packet materials and exhibits. The property is within the City
of Wheat Ridge and all notification and all posting requirements have been met.
Therefore, there was jurisdiction to hear the case. The applicant requested a
variance to construct a twenty-four foot wide garage on the north side of his
property which would provide adequate access and parking for his two full-size
pickup trucks. There is an existing attached single car garage which is presently
used for storage. If approved, the garage would be located approximately ten feet
from the north property line with a four to five-foot separation between the house
and the proposed garage. The code requires a fifteen-foot setback for any
detached garage or carport located in the R-1 Zone District and, therefore, the
applicant is requesting a five-foot variance.
Mr. McCartney reviewed the criteria used to evaluate this variance request. It was
staff s conclusion that the criteria supported approval of the request. Although it
was found that the applicant could locate the structure in another area of his site,
or modify the design to comply with the setback requirements, approval of this
request should not alter the essential character of the locality. Also, because there
would be a ten-foot side yard setback, there would be twenty feet between the
proposed structure and the existing garage to the north allowing for adequate light
and air to the adjacent property.
In response to a question from Board Member HOWARD, Mr. McCartney
clarified that the staff report should have stated that the proposed structure would
require a ten-foot setback rather than a five-foot setback.
Chair Person MAURO swore in Leonard Kearns, 2971 Teller Street.
Board of
02/26/98
Mr. Kearns stated that it would create a financial hardship for him in terms of
added construction costs and Public Service Company charges to attach the
garage. He also cited a number of houses in his neighborhood where the garages
have less than a fifteen-foot setback.
Board Member ABBOTT asked the applicant to explain the reason for requesting
a twenty-four foot wide garage when the code allows nineteen feet which is
Page 2
EXHIBIT 5
adequate for parking two trucks.
Mr. Kearns explained that the twenty-four foot width would allow more adequate
room for his two large vehicles with space to open the doors while in the garage
and to provide access for lawnmowers, etc., to be removed from the garage
without moving one of the vehicles.
Upon a motion by Board Member ABBOTT and a second by Board Member WALKER,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment application Case No. WA-98-1 is an appeal to this Board
from the decision of an administrative officer; and
Whereas, the property had been posted the required fifteen days by law and there were
no protests registered against it; and
Whereas, the relief applied for may not be granted 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-98-1 be, and hereby is, denied.
Type of Variance: A request for approval of a five-foot side yard setback variance to
the fifteen-foot side yard setback requirement for the purpose of building a two-car
detached garage.
For the following reasons:
There are other areas within the site which could accommodate the
proposed structure.
2. The hardship was created solely by the applicant.
3. There is neither benefit to the community or to a person with disabilities
but to the sole benefit of the applicant.
4. - A nineteen-foot wide two-car addition can be constructed without variance.
Board Member ECHELMEYER stated he would vote against the motion because there
Board of Adjustment
02/26/98 Page 3
-are several garages in that block that are barely within a ten-foot setback, and he didn't
feel the applicant should be penalized because the homes were built before today's zoning
was applicable.
The vote was 3 - 4, with Board Members ECHELMEYER, HOWARD, JUNKER and
MAURO voting NO.
Board member ECHELMEYER then moved and Board Member JUNKER seconded that
the variance be granted for the reason that the approval would not alter the essential
character of the locality, and that there is adequate supply of light and air to the adjacent
properties on either side.
The motion failed by a vote of 4-3, with Board Members ABBOTT, THIESSEN and
WALKER voting NO.
DISPOSITION: A request for approval of a five-foot side yard setback variance to the
fifteen-foot side yard setback requirement for the purpose of building a two-car detached
garage was denied, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat
Ridge Codes of Law which state that Board of Adjustment motions not carried are
thereby deemed denied.
Chair Person MAURO informed the applicant that his request had been denied.
B. Case No. WA -98-2. Alan White presented the case which is an interpretation of
the zoning ordinance pertaining to psychological and social counseling clinics within the
Restricted Commercial Zone District. This is a result of an interpretation by Mr. White as
Zoning Administrator for the City concerning a use as a counseling clinic for addictive
and violent behavior that is in existence at 4243 Harlan Street.
Mr. White informed the Board that the property is within the City of Wheat Ridge; that
all notification and posting requirements had been met for an interpretation; and that there
was jurisdiction for the Board to hear this case. He entered into the record the case file,
packet materials and exhibits.
Mr. White explained that one of the duties of the Board is to hear appeals on decisions
made by the Zoning Administrator in terms of interpreting the code. He noted that this is
not a site specific case, and that the interpretation should apply to any area of the City that
is zoned Restricted Commercial (RC). He presented a background of the case and
reviewed the various commercial districts in the City which are organized on the
"cascading system." He noted that one of the permitted uses in Restricted Commercial
One (RC-1) is clinics and offices for psychological, social, marital, development or
Board of Adjustment Page 4
02/26/98
December 22, 2004
To Whom It May Concern:
I am a next door neighbor of Len Kearns and he has discussed with me his idea of putting
a detached garage (3003) 5' from our property line on his property located at 2971
Teller St. I have no problems with this new construction and in fact, I think it will be an
enhancement to our neighborhood. I believe it will also make the neighborhood safer
because cars will be taken off the street and children will not be running in between cars
and into the street. By storing cars in the garage it will also improve the physical
appearance of our neighborhood.
EXHIBIT 6
POSTING CERTIFICATION
CASE NO. - C 1 {
PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE:-2 1-~
I> ~1~ w LV; C-_ t=it tQ-- ~ S
(name)
residing at 'Z j l T^ c L ~,F1
(address)
as the applicant for Case No. `S P, -C I A -%4 , hereby certify that I have posted the Notice of
Public Hearing at z r j L-LLl22 ST
(location)
on this ? 71-day of J , 20 cS-, and do hereby certify that
said sign has been posted and remained in place for fifteen (15) days prior to and including the
scheduled day of public hearing of this case. The sign was posted in the position shown on the
map below.
Signature:
NOTE: This form must be submitted at the public hearing on this case
applicant's case file at the Community Development Department.
MAP
will be placed in the
eAplanni nglformslpostingcert
Rev. 1/1103
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 29m 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 38`h Avenue.
Case No. WA-04-09: An application filed by Maureen & Jim Stigall for approval of a
11.3 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 18 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
E 6A- //~2--7 /06--
: MetxoSd4A / Jefferson (CO) •
Owner :Umbriaco Paul M Parcel :021959
Site :7195 W 30th Ave Wheat Ridge 80033 Xfered :10/04/2004 -
Mail :7195 W 30th Ave Wheat Ridge Cc 80033 7003 2260 0003 1176 0242
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.00 TotRm: YB:1953 Pool: B1dgSF:1,458 Ac:
* MetroScan / Jefferson (CO)
Owner :Grantham Daniel T Parcel :022090
Site :2970 Upham St Wheat Ridge 80033 xf. ,c .nni,n
Mail :2970 Upham St Wheat Ridge Co 80033 7003 2260 0003 1176 0259
Use :1112 Res,Improved Land - -1259
Bedrm:4 Bath:2.50 TotRm: YB:1954 Pool: B1dgSF:2,058 Ac:.32
* MetroScan / Jefferson (CO)
Owner :Gurule Manuel D Parcel :022335
Site :2981 Teller St Wheat Ridge 80033 - " "In,
Mail :2981 Teller St Wheat Ridge Cc 80033 7003 2260 0003 1176 0266
Use :1112 Res,Improved Land Phone
Bedrm:2 Bath:1.00 TotRm: YB:1953 Pool: B1dgSF:988 Ac:
* MetroScan / Jefferson (CO)
Owner :Murphy Katherine A;+ Parcel :022392
Site :2960 Upham St Wheat Ridge 80033 °t---_a .nn1~n1IQPR
Mail :2960 Upham St Wheat Ridge Cc 80033 7003 2260 0003 1176 0273
Use :1112 Res,Improved Land Phone
Bedrm:3 Bath:1.50 TotRm: Y8:1953 Pool: B1dgSF:1,841 Ac:
MetroScan / Jefferson (CO)
Owner :Lauver Regina Parcel :022402
Site :7195 W 29th Pl Wheat Ridge 80033 Xfered :08/23/20112 O NC-041mC--o
Mail :7195 W 29th Pl Wheat Ridge Co 80033 7003 2260 0003 1176 0280
Use :1112 Res,Improved Land.
Bedrm:3 Bath:1.00 TotRm: YB:1954 Pool: B1dgSF:1,:070 Ac:
* MetroScan / Jefferson (CO) • *
Owner :Ley Eugene E/Sharon A Parcel :022452 VJA119eLIOEO-AO6E
Site :3011 Teller St Wheat Ridge 80033 xfp,.,i .~ninct,n^^
Mail :3011 Teller St Wheat Ridge Cc 80033 7003 2260 0003 1176 0297
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.75 TotRm: YB:1927 Pool: B1dgSF:1,272 Ac:.36
* MetroScan / Jefferson (CO) :
Owner :Keanrs Leonard L Parcel :022525
Site :2971 Teller St Wheat Ridge 80033 Xfered •nSinct,^^~
Mail :2971 Teller St Wheat Ridge Cc 80033 7003 2260 0003 1176 0303
Use :1112 Res,Improved Land TVI'M
Bedrm:2 Bath:1.00 TotRm: YB:1952 Pool: B1dgSF:897 Ac:
* MetroScan / Jefferson (CO)
Owner :Duran Steven J Jr Parcel :022880
Site :2980 Upham St Wheat Ridge 80033 Xfered :08/01/7.994
Mail :2980 Upham St Wheat Ridge Cc 80033 7003 2260 0003 1176 0310
Use :1112 Res,Improved Land
Bedrm:3 Bath:1.75 TotRm: YB:1953 Pool:Yes B1dgSF:1,482 Ac:
MetroScan / Jefferson (CO)
Owner :Hackethal William J Parcel :022916
Site :7190 W 30th Ave Wheat Ridge 80033 Xfered :05/24/2000
Mail :7190 W 30th Ave Wheat Ridge Cc 80033 7003 2260 0003 1176 0327
Use :1112 Res,Improved Land
Bedrm:2 Bath:1.75 TotRm: YB:1953 Pool: B1dgSF:1,388 Ac: -
A12zovs
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of infornwtion 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
January 12, 2005
Dear Property Owner:
This is to inform you of Case No. WA-04-14 which is a request 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. 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.
%rv-ci-eng-001\users\kfield\Kathy\B OA\pubnotice\2005\wa0414.wpd
Paul Umbriaco Daniel Grantham & M Ernestine Grantham Manuel Gunde & Dusti Gurule
7195 W 30th Ave 2970 Upham St 2981 Teller St
Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033
Katherine Murphy
2960 Upham St
Wheat Ridge, CO 80033
Regina Lauver
7195 W 29th P1
Wheat Ridge, CO 80033
Eugene & Sharon Ley
3011 Teller St
Wheat Ridge, CO 80033
Leonard Keams Steven Duran Jr. & Monica Duran William Hackethal & Helen Hackethal
2971 Teller St 2980 Upham St 7190 W 30th Ave
Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033
* Search Parameters
* Jefferson (CO)
* 1/11/2005
* 4:28 PM
Parcel Number ...9
39 264 02 009
39 264 03 004
39 264 03 005
39 264 03 006
39 264 03 013
39 264 03 014
39 264 03 015
39 264 09 001
39 264 09 008
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77
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 ~`~ri2G)~~lL dCl1(~t~ Address 125k S a- PhoncJ543
city h✓ ~ - State CW Zip O ,;-7 3 Fax,45 70-LLcfj
Owner Liai Y.r d}tZ I~I`~ Address Zy 71 5 Phone-731- 6S 3(D
City 1J1 tkom; State 2 Zip E362-y!~;- Fax
Contact Address ` yr-- 1+~ Ar -FoxhJPhone
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.)
Location of request (address): 25:4 ( 7T -t-- LUE: Z ~l .
Type of action requested (check one or more of the actions 1 isted 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 ❑ Variance/Waiver (from Section )
❑ Other:
Detailed description of
Required information:
Assessors Parcel Number:
Current Zoning:
Current Use:
Size of Lot (acres or square footage):
Proposed Zoning:
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 am actin with the knowledge and consent of those persons listed above,
without whose consent the requ c ton c t lawfully be accomplished. Applicants other than owners
must submit power-of-atto~n om th owner ich approved of this action on his behalf.
Signature of Applicant J r(, l r
Sub~gE7, ~ o me this ZZ day of e..4~-, 20_6~t
-A, '0 0 10
~i l<''gqumo~`Q.P U 11C
commission expires Z/Z f /o(p
!9!''~110RSSfitTERPIR ES:
To be filled out by staff- FEBRUARY 21, 2005
Date received ".`~.a /0 J~ Fee $ 3~c9- O R~~ec~~yyipt Case No. -~✓d-""tJ'u
Comp Plan Desig. Zoning r-, Quarter Section Map
Related Case No. - Pre-App Mtg. Date Case Manager GP\,4A/E-
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COMMUNITY DEVELOPMENT DEPARTMENT Building Permit Number:
of w"E^T q BUILDING INSPECTION LINE - 303-234-5933 Date:
a CITY OF WHEAT RIDGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80033 - (303-235-2855)
COCORAOO _ APPLICATION
Property Owner: L.:j,-kJ ~ tilS
Property Address: Z9-71 E,LL~4L`ter Phone: ~~.Z3~- 3d
Contractor License No.:
Company: i44-)KILG C Pi C n v~r
OWNERICONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed by this permit application are
accurate, and do not violate applicable ordinances, rules or regulations of the City of
Wheat Ridge or covenants, easements or restrictions of record; that all measurements
shown, and allegations made are accu tet that ve r and agree to abide by all
conditions printed on this app)icati0 in I assu full responsibility for
compliance with the Wheat Rid a it g o (U.S. nd all other applicable
Wheat Ridge ordinances, for w u r this ermit.
(O W NER)(CONTRACTOR)'.
Description: :~U K2-3
Sq. Ft. added 9 to
Phone: ~'Cr3 Value:$
Permit Fee:$
Plan Review Fee:$
Use Tax•$
Total:$
Expiration Date: Expiration Date: Expiration Date:
Approval Approval: Approval:
(1) This permit was issued in accordance with the provisions set forth in your application and is subject to the laws of the Stale of
Colorado and to the Zoning Regulations and Building Codes of Wheat Ridge, Colorado or any other applicable ordinances of
the City.
(2) This permit shall expire if (A) the work authorized is not commenced within sixty (60) days from issue date or (B) the building
authorized is suspended or abandoned for a period of 120 days.
(3) If this permit expires, a new permit may be acquired for a fee of one-half the amount normally required, provided no changes
have been orwill be made in the original plans and specifications and any suspension or abandonment has not exceeded one
(1) year. If changes have been or if suspension or abandonment exceeds one (1) year, full fees shall be paid for anew permit.
(4) No work of any manner shall be done that will change the natural flow of water causing a drainage problem.
(5) Contractor shall notify the Building Inspector twenty-four (24) hours in advance for all inspections and shall receive written
approval on inspection card before proceeding with successive phases of the job.
(6) The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an
approval of, any violation of the provisions of the building codes or any other ordinance, law, rule or regulation.
Chief Building Official
Electrical License No: Plumbing License NO: Mechanical License No:
Company: Company: Company:
1102/02
Directions
1. Fill in the blanks on pages 2 and 3 with dimensions
and materials which will be used to build the
structure. Please print legibly.
1-64-z IZ ST
,II~E T Ca 2tz~
2. Indicate in the check boxes on page 3 which detail from page 4 will be used.
Note: Heated garages will require special provisions.
Dimension 5C,
Locate an k„Jl-per W X-1 . 3y-siRM(Ticaterafter or
detail Wing ,.Ol J 2xOss direction
1111
i
V/ ❑ Garage is heated S~
ID SaGarage is not heated p 19: p J
Show door and window header sizes and location L'
and size of landing in front of door
Floor
slope
31/2' minimum concrete slab
IL Ix 11' Sheader
Dimension*
Dimension
Dimension*.
xample: (2) 2 x 10 -
Note:
S~
f
If roof trusses or rafters bear on header,
i
F\Q
s
special header design may be required
o
- Double 2x4 or 2x6 trimmers each
end of overhead door header
Garage door opening width ~
1MU112
Provide roof tie downs and solid
2x blocking between rafters
(2x12 or greater)
Note: Pre-engineered roof trusses
wAniss clips and hardened nails may be`..
used in lieu of roof structure shown.
Diagonal wind bracing or plywood shearpanels
comers and each 25' of wall.
v
:x-u- @ A O.C.
(example:2x9 C 24'0.G)
Double 2x e_top plate
(example:2 x 6)
Span30 "
(example: 23'57
Ceiling height 9
/avmnta_ a9
Siding J t N, tT - .
(example: lap arT•f 11)
Wall sheathin t b5
2x ` studs @ ~to O.C.
m.nule:2 x6®24'0.0•) ;
A ~ Cont. 2x-4-sill plate
Wall Insulation
(Iiheated •examp/e'R-19Fibergless Batts)
O=Foundation il A
Ft il B
Footing size
(example: 9"x 167
Note: For roofs with slopes between 2:12-4:12, follow manufacturer's instrustions for low slope application of roofing material.
mss or 2x 0 rafters spaced" O.C. Sheathing lu o~ti
(example: Put checlanarkin boxer- 2 x 10 Rafters Spaced 24' O.C.) (example:'/2 Wewrprywood)
Minimum2x lj. ridge board Roof covering "T - Loc~C
Lap siding over foundation a.
minimum of 1'.
6"i
Finished grade
Note: Check with local building 181' min.
department for swelling soils. -
Caissons may be required.
8"
'h" x 10' steel anchor bolts 6-0" O.C. max.,
r min. penetration max. 12' from comer
and 12" from each end of plate.
Bottom plate shall be min. 8" above grade, or be
treated wood or decay resistive wood
3'/2°Minimum Concrete Slab
#4 rebar min. cont. top & bottom
If heated use figure R403.3(1)
2ooo lntemational Residential Code
'/i x 10' steel anchor bolts 6'-0" O.C. max.,
7" min. penetration max.1 ' rom corner
and 12" from each en late
Bottom plate be min. 8" above grade, or
be treate d or decay resistive wood
" 11, a`•>_; s<,z; 3'h" Minimum concrete slab
Fiberboard expansion joint
rowde #4 rebar vert. @ 4'-0" O.C. insert
VKr into concrete footing or key way .
11
3' .
#4 rebar min. continuous top of stemwall & at footing
a
Case I"o.:
A0414
Quarter Section Map N
App: Last Name:
Ken Relyea
Related Cases:
App: First N ame:
ffordable Garages
Case Histor y:
Owne r: Last Name:
]Kearns
Owner: First Nam e:
'.Len
App Addre ss:
1251 S. Huron St.
Review Body:
City,State Z ip:
IDenver, CO 80223
App:Pho ne:
03-548.5497
APN:
Owner Address:
971 Teller St.
2nd Revie w Body:
City/St ate/Zip:
heat Ridge, CO 80033
2nd Review Date
Owner Phone:
03-239-8530
Decision-making Body
Project Address:
971
Appro val/Denial Date:
Street Name :
eller Street
City/State, Zip:
heat Ridge, CO 80033
Reso/Ordinance No.:
Case _+isposition:
Project Planner. Crane
File Lo cation: ctive
Not es:
Follow- Up:
o.: E26
ft side yard setback
ariance to the 15 It side
and setback requirement
resulting in a 10 ft side yard.
BOA - 1/27/04
J BOA - 1/27/04
Conditions of Approval:
District: 1
Date Rec eived: 12/2212004
Pre-App Date:
CITY OF WHEAT RIDGE
12/30/04 2.59 PM cdb
AFFORDABLE GARAGES
RECEIPT NO.0018602 AMOUNT
FMSD ZONING APPLICATION F 300.00
ZONE
FMSD ZONING REIMBURSEMENT 90.00
ZREIM
PAYMENT RECEIVED AMOUNT
CK 3706 390.00
TOTAL 390.00