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HomeMy WebLinkAboutWA-04-177500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 February 11, 2005 Jerry Cassell 3010 Saulsbury Wheat Ridge, CO 80033 Dear Mr. Cassell: RE: Case No. WA-04-17 Please be advised that at its meeting of January 27, 2004, the Board of Adjustment APPROVED your request for 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 for the following reasons: 1. The garage, as proposed and with conditions to follow, would be an improvement and betterment to the neighborhood. 2. The variance would not cause an alteration to the essential character of the neighborhood nor affect air and light to adjacent properties. 3. The setbacks required on a comer lot significantly reduce the allowable buildable area of the lot and therefore create a hardship. 4. A petition was submitted signed by nine neighbors who were in favor of the variance as requested with the garage door facing West 30th Avenue. 5. Alternative locations arguably would have a negative impact upon the property. 6. The requested 18 foot setback from 30th Avenue appears to be more like 24 feet because of the six feet between the lot line and the pavement. 7. The variance would address safety issues described by the applicant and an adjacent neighbor by locating the driveway from 30th Avenue as opposed to the alternative of locating the driveway on the comer of 30th and Saulsbury. With the following conditions: 1. There will be a brick face on the garage and a hip and gable roof to match the house. 2. The board fence will be moved back to be in line with the new garage face from the eastern property line and board fence removed from west of the garage and replaced with split rail as described by the applicant. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting, January 27, 2005. This variance Jerry Cassell Page 2 February 11, 2005 shall automatically expire within one hundred eighty (180) days of the date it was granted, July 26, 2005, unless a building permit has been obtained. 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: WA-04-17 (case file) Building File \\smv i-eng-001Wsers\k ield\Kathy\BOA\CORRESP\2004\wa0405approval.wpd CERTIFICATE OF RESOLUTION ORIGINAL I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 27th day of January. 2005. CASE NO: WA-04-17 APPLICANT'S NAME: Republic Garages LOCATION: 3010 Saulsbury WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-04-17 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 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-04-17 be, and hereby is, APPROVED. TYPE OF VARIANCE: 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. FOR THE FOLLOWING REASONS: 1. The garage, as proposed and with conditions to follow, would be an improvement and betterment to the neighborhood. 2. The variance would not cause an alteration to the essential character of the neighborhood nor affect air and light to adjacent properties. 3. The setbacks required on a comer lot significantly reduce the allowable buildable area of the lot and therefore create a hardship. 4. A petition was submitted signed by nine neighbors who were in favor of the variance as requested with the garage door facing West 30th Avenue. 5. Alternative locations arguably would have a negative impact upon the property. Board of Adjustment Resolution No. WA-0417 Page two (2) 6. The requested 18 foot setback from 30'h Avenue appears to be more like 24 feet because of the six feet between the lot line and the pavement. The variance would address safety issues described by the applicant and an adjacent neighbor by locating the driveway from 30a' Avenue as opposed to the alternative of locating the driveway on the comer of 30`s and Saulsbury. WITH THE FOLLOWING CONDITIONS: There will be a brick face on the garage and a hip and gable roof to match the house. 2. The board fence will be moved back to be in line with the new garage face from the eastern property line and board fence removed from west of the garage and replaced with split rail as described by the applicant. VOTE: YES: ABBOTT, BELL, HOVLAND, HOWARD NO: DRDA ABSENT: BLAIR DISPOSITION: 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 was APPROVED. ADOPTED and made effective this 27th day of January, 2005. P a, Vice Chair Board of Adjustment Ann Lazzeri, Secretaryy Board of Adjustment 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. The motion passed 5-0. R T 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 corner 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 Board Member BELL commented that a two-car garage could be constructed without a variance. Mr. Cassell stated that he wanted a three-car garage to get his cars out of the driveway and street. He noted that there were other similar situations in his neighborhood. In response to a question from Board Member ABBOTT. Ms. Reckert stated that the proposed garage space would be within the lot coverage requirements. Patty Polich 3030 Saulsbury Ms. Polich was sworn in by Vice Chair DRDA. She lives two doors from the applicant and indicated her support of the application. There are other neighbors who have received variances which have not hurt the character of the neighborhood. She believed the garage would increase property values. Board Member ABBOTT asked if she had a problem with the driveway entrance being located from 30th Avenue. Ms. Polich replied that she believed the entrance from 30th would be safer than the driveway which faces Saulsbury. Craig Sharbonno AFT 3030 Saulsbury Mr. Sharbonno was swom in by Vice Chair DRDA. He spoke in favor of the application. Getting the cars off the street and out of the driveway would be safer because of careless drivers coming around the comer. Decreasing the size of the back yard without the variance would decrease the property's value. Terry Olson 2990 Saulsbury Mr. Olson was sworn in by Vice Chair DRDA. He received a variance in 1994 to build a two-car garage. His lot is smaller than the applicant's lot. The Board decided that there would be sufficient room for a car to be parked in the driveway without encroaching onto a sidewalk based upon the city's regulations for parking space size. The Board's major concern was the character of the neighborhood. His garage was built to match his house and appears to have been built at the same time as the house. He stated that he has also experienced problems with careless drivers and vandalism when his cars were parked on the street. 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-04-17 is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment 11 - 01-27-05 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 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- 04-17 be, and hereby is, APPROVED. Type of Variance: 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. For the following reasons: . y` Vim 1. The garage, as proposed and with conditions to follow, would be an improvement and betterment to the neighborhood. 2. The variance would not cause an alteration to the essential character of the neighborhood nor affect air and light to adjacent properties. 3. The setbacks required on a corner lot significantly reduce the allowable buildable area of the lot and therefore create a hardship. 4. A petition was submitted signed by nine neighbors who were in favor of the variance as requested with the garage door facing West 30th Avenue. 5. Alternative locations arguably would have a negative impact upon the property. With the following conditions: 1. There will be a brick face on the garage and a hip and gable roof to match the house. 2. The board fence will be moved back to be in line with the new garage face from the eastern property line and board fence removed from west of the garage and replaced with split rail as described by the applicant. Board Member HOVLAND offered a friendly amendment to add two more reasons: 6. The requested 18 foot setback from 30th Avenue appears to be more like 24 feet because of the six feet between the lot line and the pavement. 7. The variance would address safety issues described by the applicant and an adjacent neighbor by locating the driveway from 30th Avenue as opposed to the alternative of locating the driveway on the corner of 30th and Saulsbury. The amendment was accepted by Board Member ABBOTT. Board of Adjustment - 12 - 01-27-05 Board Member DRDA asked for clarification about the statement that alternate locations would have a negative impact on the property. Board Member ABBOTT explained that moving and turning the garage another direction in the back would have a negative impact on the use of the yard for a single family house and, arguably, the property value. Board Member DRDA stated that he had difficulty finding a hardship in this case. Board Member ABBOTT commented that options are considerably less on a comer lot because of setback requirements on two sides of the lot. The motion passed 4-1 with Board Member DRDA voting no. 5. CLOSE THE PUBLIC HEARING Vice Chair DRDA closed the public hearing portion of the meeting. 6. OLD BUSINESS A. Approval of minutes - August 26, 2004 Board Member HOVLAND offered an amendment to the minutes on page 6, paragraph 3: The sentence should read: "The motion failed (rather than "passed"). It was moved by Board Member HOVLAND and seconded by Board Member ABBOTT to approve the minutes of August 26, 2004 as amended. The motion passed unanimously. B. Resignations • Meredith Reckert submitted copies of a letter from Bill Echelmeyer notifying the Board of his resignation due to a serious health condition. • Ms. Reckert also announced that James Molnar resigned from the Board to serve on the Building Code Advisory Committee. C. Election of Officers It was moved by Board Member HOVLAND and seconded by Board Member HOWARD to select Paul Drda as Chair. The motion passed unanimously. It was moved by Board Member DRDA and seconded by Board Member HOVLAND to select Janet Bell as Vice Chair. The motion passed unanimously. Board of Adjustment - 13 - 01-27-05 ~ O A~ ~ ~ ¢ ~ ~h J N ~ O ~ ~ W 1 0 J ~Q e-r p ~ O A ,••r CD e~ vs ~ Ow to~ e+ CD N --i CD pot r.L m O O O W O O O CD fD r• CD ~ A A O ~ A~ A~A A CD CD CD ` ~ C-D CD O p CtQ ~ W O 0 ~ + O r ~ CD 0 CD C ~ O P~ CD O N N CD 00 UP CD v CD C 00 CD CD rl+ 00 N • F-•; CD CD W O CD n r. H O C . 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A~ ~C O r UQ K O O O UQ A7 n A~ n O O O O ~C •J W *0 A~ K r f7 A~ CA nrA O V~Q N A~ rp N n K UA A~ ~C O A~ O O f7 •J n O C O p q rD C O n 01 I~ • r) M~ • L~fI-o'-/-/7 )-W ~an.r 7-d~ TO WHOM IT MAY CONCERN: SUBJECT; Zoning Appeal at 3010 Saulsbury St. Wheat Ridge We have applied to the Board of Adjustment with the City of Wheat Ridge for a variance to allow us to build a detached garage 18 feet from the 30`h Avenue property line, where 30 feet is required. The Board of Adjustment allowed 18 feet across the street at 2990 Saulsbury St and that is what I am asking for the Board to approve. We would appreciate your indicating that you have no objection to this request by signing below. This letter will be submitted to the Board of Adjustment to support our request. k') Je Casel Karen Cassel WE, THE UNDERSIGNED, HAVE NO OBJECTION TO THE GRANTING OF A VARIANCE AS OUTLINED ABOVE. Name Address PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT January 27, 2005 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 Name Address In Favor/Opposed 0~s~~L 3©tn ~7s~ Cr~N cs1\ ~U c0.Ae~ d \l~Vc t~ CCxN i ~Of W H~T ~'i0 CITY OF WHEAT RIDGE m PLANNING DIVISION STAFF REPORT cOGOap00 TO: Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME: WA-04-17/Republic Garages DATE OF MEETING: January 27, 2005 ACTION REQUESTED: 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). LOCATION OF REQUEST: 3010 Saulsbury Street APPLICANT (S): Republic Garages OWNER (S): Jerry and Karen Cassel APPROXIMATE AREA: 11,248 square feet (.258 acres) PRESENT ZONING: Residential-Two (R-2) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Subject Parcel F- U R-2 W ~ m p W U) UJ J 7105 W. 30'a 1 30TH AVE 30TH AVE 2990 Saulsbury R-2 Board of Adjustment I Case WA-04-17/Republk Garages Jurisdiction All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case 1. REQUEST The property in question is located at 3010 Saulsbury. The property has Residential-Two (R-2) zoning. The applicant, Republic Garages, is requesting the variance on behalf of the owners, Jerry and Karen Cassel. The request is 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 (Exhibit 1, Letter of Request). The applicant proposes to construct an approximately 864 square foot (24' X 36') three car detached garage on the property (Exhibit 2, Elevation). The proposed garage will be located 10 feet from the rear property line on the east side of the lot and 18 feet from the side property line on the south side of the lot (Exhibit 3, Site Plan/Improvement Location Certificate). Per the Code of Laws, the minimum side yard setback for a detached garage in the R-2 zone district is 5 feet if the structure is less than 8 feet in height, and 10 feet if the structure is over 8 feet in height. However, the Code of Laws does specify a 30 foot side yard setback requirement for all structures which abut a public street. The location of the proposed detached garage does abut a public street (West 30th Avenue) on the side yard of the property to the south; therefore it is subject to this 30 foot side yard setback requirement. As a result, a variance is required to allow for the proposed detached garage at the location shown on the site plan. If this were an interior lot, the proposed detached garage would be required to meet a 10 foot setback on both the side and rear yards. Constructing the three car garage with the dimensions noted (24' X 36') directly behind (to the east of) the existing house would allow for an attached garage to meet all setback requirements in the R-2 zone district. There appears to also be sufficient room directly behind the house (to the east of) the lot to construct a smaller (likely two car) detached garage and meet all development standards. Placement of the garage to meet all development standards may be problematic however, as both an attached or detached garage would eliminate a large portion of the open space in the backyard. All other development standards have been met with this request. IL SITE PLAN The property is approximately 11,248 square feet, or .258 acres. The property measures 91 feet wide with a depth of 126 feet. There is an existing single car attached garage on the property which is accessed by a driveway off of Saulsbury on the west side of the property. The area surrounding the property consists of single family homes on all sides. Two adjacent properties to the south have buildings that encroach into the 30 foot required setback from the street. One property at 2990 Saulsbury was approved for a 12 foot variance resulting in an 18 foot setback for a detached garage. This variance was granted in 1994. The property at 7105 W. 30'" Avenue has a structure that is setback 10 feet from the 30th Avenue right-of-way, however there was no information found on this property regarding any variances granted for this encroachment. Board of Adjustment 2 Case WA-04.17/Republk Garages II. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the request is denied, the property may still receive a reasonable return in use. The property may still be used as a single-family residence without the need for any variances. 2. If the variance were granted, would it alter the essential character of the locality? The request would have a minimal effect on the essential character of the locality. The majority of adjacent properties have garages, however most are attached to the houses. There are two properties (comer lots) in the immediate vicinity that have structures which encroach into the required 30 foot setback. The first is a detached garage that encroaches 12 feet into the required 30 foot setback and received a variance for this in 1994. The second is part of the house that encroaches 20 feet into the required 30 foot setback; however there is no historical information regarding the allowance for this encroachment. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? There are no unique conditions related to shape or topography that render any portion of the property in question unbuildable. The property in question is rectangular in shape and flat. It is, however, a comer lot. All structures on a comer lot must adhere to 30 foot setbacks on each side abutting a public street. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant has created his own hardship by requesting a garage in this location. There are other alternatives for placement of the garage. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Approval of the variance would not be detrimental to the public welfare or injurious to other property in the area. There may be a slight decrease in the supply of light and air to the property to the east, given that approval of the variance would result in a structure closer to the street than is allowed under current development standards. The request would not substantially increase the congestion in public streets, increase the danger of fire or endanger the public safety. Property values should not be impacted as a result of this request. 6.. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request would not result in a substantial benefit or contribution to the neighborhood distinguished from an individual benefit on the part of the applicant. Board or Adjustment 3 Case WA-04-17/Republic Garages The request would not result in a reasonable accommodation of a person with disabilities. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are not supportive of the variance request. Staff has found that there are not unique circumstances attributed to these requests that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following reasons: 1. If the request is denied, the property may still receive a reasonable return in use. The property may still be used as a single-family residence without the need for any variances. 2. The applicant has created his own hardship by requesting a garage in this location. 3. The request would not result in a substantial benefit or contribution to the neighborhood distinguished from an individual benefit on the part of the applicant. 4. There are alternatives available to construct a garage and meet the R-2 development standards. Board of Adjustment 4 Case WA-04-17/Republic Garages JAN-6-2005 09:08 FROM:REPUBLIC REPUBLIC GARAGES January 6, 2005 TO: Jeff Hirt FROM: Jerry RE: Variance at 3010 Saulsbury Street 2532 South Broadway • Denver, Colorado 80210 (303) 781-9400 ■ Fax(303)781.4170 Jerry Cassel would like to build a 36'x24' detached garage in his back yard. He is on a comer lot so the current zoning setbacks makes is difficult to confirm to present setback requirements. He needs to be 10' from east (back property line) since Jerry would bike 9' walls. There is a 30' setback from 30 ave and we are asking for 18' so the garage would allow allow a 5' distance for egress from house to garage on Northwest corner of garage. The garage would not alter the character of the neighborhood. The neighbor directly across the street from this proposed garage has a similar set back off 3&. The hardship was created when house was originally built. Granting of the variance would not be detrimental to public welfare. Infact it would remove outside vechiles from the driveway to the new garage. It would not impair the supply of light to adjacent property to the east and would reduce congestion to vechiles on present driveway. 303 781 4170 TO:3032352857 P.1 EXHIBIT I Y z o. LL C C 4- l," l~ M i O 4- O1 i c7 GS L U 4J v 0 0) N O C- 6 i d 4J r OJ N i N A N V ~ i z~. a Y r to to T i O i r N O 7 ~ t Z'd LS82S£z£0£:Ol C .41 9 W 1--41 C) 4- M , OLSb i8L £0£ z 0 H W A W H x 0 W W EXHIBIT 2 DATE 01/04!2005 FEE 110.00 J4B# 80-814 sC, k ~ MOW L A N 0 $ U R V E Y I N G 5460 WARD ROAD - SUITE i80 ARVADA, COLORADO 60402 (909) 420-4.798 IMPRCVEMENT LOCATION CERTIFICATE Attn: J9ARY N Scale: 1 "=20' C? D: G7 ti c h CuB:rm REPUBLIC GAPAWS ADDRESS 3010 SAMSSVRY STUET NAME CJWUELL LEGAL DESCRIPT10N M CLi[mh I Low 7, cBERRY Lum SUBDIVTSION, counr os JEFFERSON, STATE OF COLDVADO EXHIBIT 3 West 30th Avenue 50'&0, W. 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 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 S-,JA--0 kl&X /a- Metr c / Jefferson (CO) Owner :Baldassar John E Parcel :021568 Site :3035 Reed St Wheat Ridge 80033 Xfered Mail :3035 Reed St Wheat Ridge Co 80033 7003 2260 0003 1176 0334 Use :1112 Res,Improved Land Bedrm:3 Bath:1.00. TotRm: YB:1955 Pool: B1dgSF:1,148 Ac: • MetroScan / Jefferson (CO) • Owner :Bond Hazel I Parcel :021770 Site :7105 W 30th Ave ( No Mail ) Wheat Ridge 80033 Xfered :01/31/1995 Mail :7105 W 30th Ave ( No Mail ) Wheat Ridge Co 8 Use :1112 Res,Improved Land 7003 2260 0003 1176 0341 Bedrm:3 Bath:1.75 TotRm: YB:1953 Pool: B1dgSF:1,056 Ac: * MetroScan / Jefferson (CO) : Owner :Dieckman Mark L Parcel :021958 Site :3015 Saulsbury St ( No Mail ) Wheat Ridge 800"13 Xfered :01/10/1990 Mail :3015 Saulsbury St ( No Mail ) Wheat Ridge Co 7003 2260 0003 1176 0358 Use :1112 Res,Improved Land 19TMIT Bedrm:3 Bath:1.00 TotRm: YB:1955 Pool: B1dgSF:1,175 Ac: * • MetroScan / Jefferson (CO) Owner :Chipps Martin J/Rebecca L Parcel :022078 Site :3020 Saulsbury St Wheat Ridge 80033 Xfered :10/25/1995 U NGLMASD Mail :3020 Saulsbury St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land 7003 2260 0003 1176 0365 Bedrm:3 Bath:1.75 TotRm: YB:1955 Pool: B1dgSF:1,112 Ac: * : MetroScan / Jefferson (CO) Owner :Olson Terry D Parcel :022121 Site :2990 Saulsbury St Wheat Ridge 80033 Yfa,-oa -nS tn-x iioo~ Mail :2990 Saulsbury St Wheat Ridge Cc 80033 7003 2260 0003 1176 0372 Use :1112 Res,Improved Land -Fnone Bedrm:3 Bath:1.75 TotRm: YB:1954 Pool: B1dgSF:1,158 Ac: * • MetroScan / Jefferson (CO) Owner :Morales Carlos Parcel :022542 Site :3025 Saulsbury St Wheat Ridge 80033 Mail :3025 Saulsbury St Wheat Ridge Co 80033 7003 2260 0003 1176 0389 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.75 TotRm: YB:1955 Pool: B1dgSF:1,239 Ac: * : MetroScan / Jefferson (CO) Owner :Bolton Samuel G Parcel :022751 Site :3005 Saulsbury St Wheat Ridge 80033 v*^"°A •10/02/1998 Mail :3005 Saulsbury St Wheat Ridge co 80033 7003 2260 0003 1176 0396 Use :1112 Res,Improved Land P one Bedrm:3 Bath:1.75 TotRm: YB:1955 Pool: B1dgSF:1,179 Ac:.24 MetroScan / Jefferson (CO)•----------------* Owner :Polich Patricia Diane Parcel :022771 Site :3030 Saulsbury St Wheat Ridge 80033 1c--A •noinnt1o4o Mail :3030 Saulsbury St Wheat Ridge Cc 80033 7003 2260 0003 1176 0402 Use :1112 Res,Improved Land n ne - _ - ' Bedrm:3 Bath:1.00 TotRm: YB:1954 Pool: B1dgSF:1,167 Ac: * : MetroScan / Jefferson (CO) Owner :Cassel Jerry Parcel :022848 Site :3010 Saulsbury St Wheat Ridge 80033 Mail :3010 Saulsbury St Wheat Ridge Cc 80033 7003 2260 0003 1176 0419 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.50 TotRm: YB:1955 Pool: B1dgSF:1,318 Ac: : MetroScan / Jefferson (CO) Owner :Schafer Lois I Parcel• :022871 Site :3015 Reed St Wheat Ridge 80033 Xfered :08/08/1994 Mail :5800 W 39th Ave Denver Cc 80212 7003 2260 0003 1176 0426 Use :1112 Res,Improved Land Bedrm:4 Bath-2:50 TotRm: YB:1959 Pool: B1dgSF:2,280 Ac: - MetroScan / Jefferson (CO) : Owner :Packard William D Parcel :022898 Site :3065 Reed St Wheat Ridge 80033 Yf-~--a CL~(M ~ ' Mail :3065 Reed St Wheat Ridge Co 80033 7003 2260 0003 1176 0433=-". Use :1112 Res,Improved Land one Bedrm:4 Bath:1.50 TotRm: YB:1957 Pool: B1dgSF:2,258 Ac: Information compiled from various sources. Real Estate Solutions makes no representations \ ✓'SP or warranties as to the accuracy or completeness of information contained in this report. MetroScan / Jefferson (CO) Owner :Wright Orville David Site :3005 Reed St Wheat Ridge 80033 Mail :3005 Reed St Wheat Ridge Co 80033 Use :1112 Res,Improved Land Parcel :022952 Xfa,,,A nl/lQ/IaQn 7003 2260 0003 1176 0440 FTrone Bedrm:3 Bath:1.50 TotRm: YB:1955 Pool: B1dgSF:1,144 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 January 12, 2005 Dear Property Owner This is to inform you of Case No. WA-04-17 which is a request 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. 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"-ci-eng-001\usm\kfield\Kathy\BOA\pubnotice\2005\wa0417.wpd John Baldassar & Rose Baldassar Martin & Rebecca Chipps Terry Olson & Diana Olson 3035 Reed St 3020 Saulsbury St 2990 Saulsbury St Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Wheat Ridge, CO 80033 Carlos Morales & Mirna Morales 3025 Saulsbury St Wheat Ridge, CO 80033 Samuel Bolton & Dana Bolton 3005 Saulsbury St Wheat Ridge, CO 80033 Patricia Diane Polich 3030 Saulsbury St Wheat Ridge, CO 80033 Jerry Cassel & Karen Cassel 3010 Saulsbury St Wheat Ridge, CO 80033 Orville David Wright 3005 Reed St Wheat Ridge, CO 80033 Lois Schafer 5800 W 39th Ave Denver, CO 80212 William Packard & Stacie Packard 3065 Reed St Wheat Ridge, CO 80033 * Search Parameters * Jefferson (CO) * 1/11/2005 * 4:37 PM Parcel Number ...12 39 264 01 062 39 264 01 063 39 264 01 064 39 264 01 065 39 264 01 066 39 264 01 067 39 264 02 003 39 264 02 004 39 264 02 005 39 264 02 006 - 39 264 10 013 39 264 10 014 0 2-019 I (125.20' j 5. t 82.83' I I co 01-067 j o 02-003 j (124.80') (129.72') i i 01-066 I o_ ° 02-004 li 124 00' 1 (12400') ' 01-065 (1 .5 i co 02-005 i j 07.83' 1 73.80' 31.0 5 ) - I . N j 02-007 02-006 I I o i 89.20') AVE i co . i i 09-003 N 09-004 1 I (93.00') (89.00') I ~ i • i o V;'09c-;006 09-005 II N I co 0 I o 95.00' I PL-------- 0 > 10-002 ' 10-001 $ i liK; 7 I A f N O 01-062 m w I i (128.70') -4 I N ,I o 01-063 0 I I 129 70' I ~ ° " i (12970') - . I 01-064 j 115.70' l > - 30TH AVE I • G I J ' 0-013 3 > I 10-014 1 i > 101.00') 1 (103.02') I 1 3. j 10-012 10-015 i (101.00') y i 101.52' i j 10-011 i (101.00') 10-016 I °o- I 10-010 102.20' I j (102.20') i (100.70') i > rl) 10-017 N j 10-009 I (101.80') I 10-018 1 ( 1 34 .~d 01-030 01-029 01-028 01-027 (131.20'), 01-026 01-025 01-024 128 01-023 1 w 01-022 01-021 1 Ln1411114U V 1 W 1 qR •JVJLJJLOJf LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29Th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Plcasc print or type all information) Applicant Republic Garages Address 2532 S Broadway 303-781-9400 City Denver State CO Phone Zip 80210 Fax 30 ~$1TT6 Owner Jerry & Karen Cassel Address3010 Saulsbury St Phone239-9171 City Wheat Ridge Slate- Zip 80033 Fax n-Ta-- Contact Jerry or Joanne/Republic GarAddress 2532 South Broadway phone 303-781-9400. City denver State CO Zip 80210 )=ax TTI-7TF-4TT0 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when nc public hearing signs, and will receive a copy of the stafffreport prior to Public Hearing.) cessary'~ Location of request (address): 3010 Saulsburv St Type of action requested (check one or more of the actions listed below which pertain to your request): APpifcarlan submittal requirements an reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots) _,„..,.,,,y.__` ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign d Site Development Plan approval 2 Variance/Waiver (from Section ) Q Other: Detailed description of Required information: Assessors Parcel Number 39-2 -O1-065 Current Zoning: Current Use: 1 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, 1 am acting with the knowledge and conseo,t of those persons listed above, without whose consent the requested action cannot lawfidly be accomplished. Applicants other than owners must submit power-offrom weer whic approved of this action on his behalf. Signature of Auatica . A~y~, S~dsra nrn to me this day of a n ua~ rY 20 05 N16~~ g$ G-m2 N_ Public 'BpN,uLlt`•,~__ My commission expires 2-22-08 Build 36x24 Detached garage 18' from 30th ave property li Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: vcu if ZUU4 10.04 r.Vl TO be filled out by staff: j~ c.- Daze received Comp Plan Desig, " Belated Case No. Pee Receipt No.~ Pr App Mtg. Dat Case No. ,l,~yiT'L c{ /7 Quarters ion Casc Manager 90/- /37Y (Escrow/Closing 81 [Doc ID DEED OF TRUST MIN 1000157-0003795630-3 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 25, 2004 , together with all Riders to this document. (B) "Borrower" is JERRY CASSEL, AND KAREN CASSEL Borrower is the trustor under this Security Instrument. (C) "Lender" is FULL SPECTRUM LENDING, INC. Lenderisa CORPORATION organized and existing under the laws of CALIFORNIA Lenders address is 4500 Park Granada, Calabasas, CA 91302 (D) "Trustee" is the Public Trustee of County, Colorado. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 25, 2004 The Note states that Borrower owes Lender TWO HUNDRED FOUR THOUSAND and 00/100 Dollars (U.S. $ 204, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 01, 2034 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." COLORADO-Single Farnlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Pagel of 11 00. -6A(CO) (0005) COWNA III 2 3 9 9 1 CHL (06/60)(d) VMP MORTGAGE FORMS - (8D0)521-7291 Initials: Form 3005 1/01 ordinances and administrative rules and orders (mat nave me erect I.M. ,aw) as wo„ at,Y••..""•,. non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R)"Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrowers obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lenders successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of JEFFERSON [Type of Recording Jurisdiction] [Name of Rewrding Jurisdiction] Lot 7, Cherry Lane Subdivision, County of Jefferson, State of Colorado. Parcel ID Number: 39-264-01-065 which currently has the address of 3010 SAULSBURY STREET, WHEAT RIDGE [StreeUCityl Colorado 80033 ('Property Address"): [Zip Code] 40 -,A(CO) (0005) CHL (08100) Page 2 of 11 Inlfials: Fomt 3000 1101 Property appraisal system Previous 2 OF 16 Next Page 1 of 1 Printer Friendly Pave 0 Sch:022848 Parcel ID:39-264-01-065 Status:Active Property Type:Residential Property Address 03010 SAULSBURY ST WHEAT RIDGE CO 80033 Mailing Address: SAME ADDRESS AS PROPERTY 0 Owner Name CASSELJERRY CASSEL KAREN Area:2 Neighborhood: 2405 BARTHS, COULEHAN GRANGE, WHEAT RIDGE AREA Subdivision Name: 122800 CHERRY LANE Block Lot Key Section Township Range QuarterSection Land Sq8 0007 0 26 0 69 11248 =EJ❑=== Total 11248 Sale Date Sale Amount Deed Type Reception 02-13-1980 0 CONVER02 06-30-1980 20,000 CONVEROI OS-15-1984 84,500 84046530 OS-14-1992 11,000 Quit Claim Deed - Joint Tenancy 92102022 Location Map/Additional Information Send mail to assessor@co.iefferson.co.us with questions or comments about this Web site. Copyright @ 2004, Jefferson County, Colorado. All rights reserved. A Map of How to Get to Our Office Web site information current through: 01-15-2005 Version 3.2.1 - Release Date: Dec 2004 http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=022848&offset=l 1/20/2005 Name - - W - - . - snrai 1 tnfprmatioa Property Records Property appraisal system Previous 2 OF 16 Next Page 1 of 1 Ira ~Pt ~9-2F4-M-06511,Schedule 0228481IPronertv Address: 03010 SAULSBURY ; ear Built: 1955 IlAdjusted Year Built: 1 IlDesien: Ranch IlImmovement Number: 11 1 1 BATH BATH COVERED PORCH 1 Average 1 1 6031 BSMT TOTAL Average 1210 FIRST FLOOR Average 0 1318 ATTACH GARAGE Average Fm------] 275 Send mail to assessor@co iefferson.co.us with questions or comments about this Web site. Copyright @ 2004, Jefferson County, Colorado. All rights reserved. A Map of How to Get to Our Office Web site information current through: 01-15-2005 Version 3.2.2 - Release Date: Dec 2004 http://ww14.co.jefferson.co uslatsldisplayinventory.d6?improvement=l&sch-022848 1/20/2005 Hang ItesatlenfiI _ Inr`en#{yrY Prop" {records N 0 100 200 Feet A Case No.: App: Last Name: App: First N ame: Owns r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St atelZip: Owner Phone: Project Address: Street Name : Ci ty/State, Zip: Case Disposition: Project Planner: File Lo cation: Not es: Follow- Up: A0417 Quarter Section Map N Republic Garages r~ Related Cases: Parry or Joanne Case Histor y: Cassel & Karen _ _ Ferry 0532S. Broadway ! Review Body: Denver, CO 80__210 00-3481-9490 APN: 010 Saulsbury St. ! 2nd Revie w Body: heat Ridge, CO 80033 2nd Review Date _ V57-239-9171 Decision-making Body 010 Appro val/Denial Date: Street .aulsbury heat Rid e, CO 80033 Re so/Ordinance No.: Hirt ctive o.: E26 ? ft side yard setback from the required 30 ft when adjace nt to a i public street BOA-1/27/05 9-264264-01-065° BOA- 1/27105_ Conditions of Approval: District: P Date Rec eived: 1/4/2005 Pre-App Date: ~c CITY OF WHEAT RIDGE 01106/05 10:03 AM cdb Karen or Jerry Casee RECEIPT NO:C018638 AMOUNT FMSD ZONING APPLICATION F 300.00 zone FMSD ZONING REIMBURSEMENT 40.00 vre7N PAYMENT RECEIVED AMOUNT CK 1006 390.00 TOTAL 390.00