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HomeMy WebLinkAboutWA-02-017500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Meat Telephone 303/ 235-2846 Ridge FAX 303/235-2857 April 4, 2002 Craig and Paula Corbin 4230 Easley Rd. Golden, CO 80403 Dear Mr. & Mrs. Corbin: RE: Case No. WA-02-01 Please be advised that at its meeting on March 28, 2002, the Board of Adjustment APPROVED your request for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. 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. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Field Senior Secretary Enclosures: Certificate of Resolution Draft of Minutes cc: WA-02-01 (case file) Code File G\Kathy\BOA\CORRESP\wa0201 approval.wpd CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting March 28, 2002 1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice-Chair MONTOYA at 7:30 p.m. on March 28, 2002 in the city council chambers of the municipal building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Paul Drda Bill Echelmeyer Paul Hovland Bob Howard Jerry Montoya Kent Young (Michelle Brown resigned from the Board prior to this meeting) Staff Present: Alan White, Planning Director Travis Crane, Planner Mike Pesicka, Planner Cindy Hagerman, Code Enforcement Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of March 28, 2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. WA-02-01: An application submitted by Craig and Paula Corbin for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. This case was presented by Mike Pesicka. He reviewed the staff report and presented slides and overheads of the subject area. All pertinent documents, including the plot plan, were entered into the record. Also entered into the record was a letter of support from Delmar Coffman who resides at 9473 West 37a` Place. Vice Chair MONTOYA Board of Adjustment Page 1 03-28-02 read the Coffrnan letter into the record as follows: To Whom It May Concern: Re: Property west of our house at 38th and Hoyt. We understand there will be a hearing regarding this property and it should be a two- family dwellinf. The properties on the north side of 37th Place which takes in 9483 West 37` are all zoned R-2. There should be no question of not having two- family residences at 9483 West 37rh Place. These two families now living there are quiet and good neighbors. They are so quiet that, unless one sees them out, one would believe the house was empty. Our backyard is joining their backyard of two duplexes on 38`h Avenue. They also have been rented to two families each without any difficulties. Please consider granting the permit for 9483 West 37rh Place to the Corbin to continue to have a two-family dwelling. It is rare to have good neighbors in these days and we would like to keep them. Sincerely, Delmar Coffman, MD and Ava Jane Coffman. Staff recommended approval of the request for reasons outlined in the staff report. In response to a question from Board Member HOWARD, Mr. Pesicka stated that the house was built in 1958. If the application to legalize the second living unit is approved, an address would be created for the second unit of 9483 West 37a' Place. Board Member HOVLAND expressed concern about the lack of parking. Board Member DRDA asked how long the residence has been used as a two-family residence. Mr. Pesicka stated that no such records could be found. The structure could have been used as a two-family unit before Wheat Ridge was incorporated. Craig and Paula Corbin Craig and Paula Corbin, the applicants, were sworn in by Vice Chair MONTOYA. Mr. Corbin stated they were unaware of any problem until they received notice from the City that they were in violation. The property had been presented to them by a realtor as a two-unit income property with two separate addresses. They produced evidence consisting of the real estate listing for the property. This listing was entered into the record and made a part of the case file. He testified that the second living unit in the basement is half the size of the main floor. His son presently resides in the second living unit. Clinton Corbin Mr. Corbin, son of the applicants, was sworn in by Vice Chair MONTOYA. He stated that he has been using the second mailbox; however, he received no mail for any previous tenants. He also stated there was off street parking for this second unit. Craig Corbin testified that he has contacted an attorney in regard to the false information on the real estate listing. Board Member ABBOTT requested that staff contact the realtor Board of Adjustment Page 2 03-28-02 to express concern about the misrepresentation of this property. Cindy Hagerman Cindy Hagerman, the city's zoning enforcement officer, appeared before the Board. Board Member Echehneyer asked if she had encountered similar circumstances in the past. Ms. Hagerman stated that she has encountered a few similar circumstances and they are turned over to the Planning Department. Vice Chair MONTOYA asked if there were others present who wished to address this matter. Hearing no response, he closed the public hearing portion of the case. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-02-01 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-02-01 be, and hereby is, approved. Type of Variance: Request for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. For the following reasons: 1. It has been testified that the hardship was not created by the present owner. A copy of sales listing information seeming to indicate the existence of a second unit was submitted by the applicant to the Board. 2. Staff has indicated that the variance would not be detrimental to the public welfare or injurious to other properties. A legal duplex does occur immediately adjacent to the north. The second unit would not impair the adequate supply of light and air to adjacent properties. The second unit would not substantially increase congestion on the public streets, endanger the public safety nor increase the danger of fire. Board of Adjustment Page 3 03-28-02 3. There was a letter requesting approval submitted from the immediate neighbor at 9473 West 37th Place. 4. This is an approximate 4% lot coverage variance request. 5. Dissolution of this request would not result in a decrease of existing lot coverage. 5. The basement apartment covered by this decision is one-half the floor area of the first floor apartment. The apartment in the basement is a one-bedroom unit. With the following conditions: 1. The current size of the second unit, including sleeping capacity, may not be increased from the current one bedroom. 2. The City may impose such requirements related to creating a legal second family unit as they see fit to make sure the unit is safe. 3. The County will be informed by the City as to the existence of the second unit use. The motion passed 7-0. 5. CLOSE THE PUBLIC HEARING Vice Chair MONTOYA declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS A. Minutes of October 25.2001: It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to approve the minutes of October 25, 2001 as presented. The motion passed unanimously. B. Election of Chair and Vice Chair - Jerry Montoya was elected Chair and Tom Abbott was elected Vice Chair. C. Comments from Board Members - Board Member ABBOTT expressed appreciation to Alan White for his letter explaining the reasons for the decrease in Board of Adjustment, cases. Board of Adjustment Page 4 03-28-02 Board Member DRDA asked if a determination had been made as to whether variances run with the property or the applicant. Alan White will check with the city attorney about this. D. Board of Adjustment Training Session - There will be a training session with the city attorney on April 15, 2002. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to adjourn the meeting at 8:55 p.m. JERRY MONTOYA, Chair Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment Board of Adjustment Page 5 03-28-02 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 28th day of March, 2002. CASE NO: WA-02-01 APPLICANT'S NAME: Craig and Paula Corbin LOCATION: 3760 Hoyt Street Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-02-01 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-02-01 be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. FOR THE FOLLOWING REASONS: 1. It has been testified that the hardship was not created by the present owner. A copy of sales listing information seeming to indicate the existence of a second unit was submitted by the applicant to the Board. 2. Staff has indicated that the variance would not be detrimental to the public welfare or injurious to other properties. A legal duplex does occur immediately adjacent to the north. The second unit would not impair the adequate supply of light and air to adjacent properties. The second unit would not substantially increase congestion on the public streets, endanger the public safety nor increase the danger of fire. There was a letter requesting approval submitted from the immediate neighbor at 9473 West 370i Place. Board of Adjustment March 28, 2002 Page two (2) 4. This is an approximate 4% lot coverage variance request. 5. Dissolution of this request would not result in a decrease of existing lot coverage. 6. The basement apartment covered by this decision is one-half the floor area of the first floor apartment. The apartment in the basement is a one-bedroom unit. WITH THE FOLLOWING CONDITIONS: The current size of the second unit, including sleeping capacity, may not be increased from the current one bedroom. 2. The City may impose such requirements related to creating a legal second family unit as they see fit to make sure the unit is safe. 3. The County will be informed by the City as to the existence of the second unit use. VOTE: YES: ABBOTT, DRDA, ECHELMEYER, MONTOYA, HOVLAND, HOWARD, YOUNG NO: None DISPOSITION: A request for a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street was APPROVED. ADOPTED and made effective this 28th day of March, 2002. JE Y OYA, 4!~ oar of tment a, - Ann Lazzeri , Secretary Board of Adjustment /~'0~9 Co<e 1,4/fl -0;2 -0, DELMAR L. COFFMAN, M.D. 9473 W. 37TH PLACE" y - J y WHEAT RIDGE. COLORADO 80033 U t7no-A" a7) .Zz MIC7 r'iCl ~ u u c~-ua ~~z~P ~ ~~h--e- ~ i/ 1~ e~-•/~-e~~xl -~`c~/ e, cc e, 9 9 ~v ~ceD~~v t c~ t'o r) 9w a -f zv a yzQ qt q" d) 7131 Ge_ T~ c> c3CP~ L/ C ~U~r a ~f , c~o r Mar-27-02 10:19A P.Ol - 2-, OCT-2G 12:18, MLS DATABASE - RESIDENTIA3 Ca4e no, wfl-oa-al AD:~3760 HOYT ST JEFF $309,000 P:INC ST:A AR:JFC #477514 SUB:ROSE BUD HEIGHTS ZN:R2 B/F: UNINC: Cr.t-ed O ✓lPC✓ PROP NAME: PIN:690327203020 PSF:$ 206.00 e n `~~~w,4e CTTY:WHF.AT RTT?GR 7TP:80033 MAP#:19 -C NS: 370ON EW: 940OW SO: 1500 N B SO: 1120 $ 95 TOTAL FIN: Z620 --V HOA FEES: $ #Un #Ba FP DW ST RF AC/EC WA DR HKUP AVG SF AV$RENT 1'AX:$1,455 BUF TAX YR:1999 1BDRM : 1 I LOT: 11200 2BDRM : F: 140&D: 80 3BDRM : 1 2 1 1 1 1 1 1 ACRES: 0.2 4+BDRM: DOWN PAY:$ 'T'OTAL UN TS: 2 HA1'HS: 3 FURNISH: VAC: 2 BS ',G:' S`'1 TERMS:CA,CV ~ r` HT :G, HW ELEC:CM GRS:CM 1 AAI:$0; .AF: $0 PAI:SO / fAE:$Oi /AANI:$0 PANI20 AF,BI,,-L,CP,ES,FD,FE,GD,MO,NC,NP,PA,R1~4, RV,SA,UD,WD CST.-BR STYLE :UP WW ARCH YR:1958 REMARKS :EXCEPTIONAL WHEATRIDGE PROPERT"i*IN & OUT ROOF:CO CAR:G, A,O 2 4~i STANDING CONDITION*LOWER LEVEL APRTMENT SCH:JEFF 9675-9800-9990 W/SEPARATE ENTRANCE&ADDRESS*CLEAN & S- 0.00 B: 2.80 \L• / UPDATED*PERFECTLY MAINTAINED THROUGHOUT T: 2.80 ER P TERRIFIC INVESTMENT OPPORTUNITY*VACANT AND READY TO GO*WON'T LAST LONE!WORTH A LOOK!! SHOWING PH:303-457-4600i LISTOR:STEVEN ROBERTSON CRS PH:303-456-4597 FAX#:303-252-8133 VOL OFFICE:RE/MA-X NORTHWEST INC PH:303-457-4800 ID:REM80 BY:T :BO PAGE: `.1. ..Copyright 27-OCT-2000 12:18, MLS DATABASE - RESIDENTIAL............ AD: 9387 9389 W 56TH PL )Ek'k $297,950 P:INC ST:A AR:JNC #477350 SUB:CLUB PLAZA ZN:RES B/F: UNINC:N PROP NAME: PIN:690310316009 PSF:$ 155.18 CITY:ARVADA ZIP:80002 MAP#:15 -F NS: 560ON EW: 9400W SO: 1920 N B SO: 1520 8 90 TOTAL FIN: 3440 NOA FEES., $ 0 #Un #Ba FP DW ST RF AC/EC WA DR HKUP AVG SF AV$RENT TAX:$1,804 BUF TAX YR:1999 3BP.RM LOT: 12500 2EDRM F: 100&D: 125 3BDRM 1 2 1 1 1 1 1 1 1500 1100 ACRES: 0.3 4+BDRM: 1 2 1 1 1 i 1 1 1 1 1900 1300 DOWN PAY:$30,000 TOTAL UNITS: 2 BATHS: 4 FURNISH: VAC: 2 BST:P TERMS.-Cu TR HT :G ELEC:TP GAS:TP AAI:$0 AAE:$4,200 PAI:$28,800 PAE:$4,200 AANI:S-4,200 PANI:$24,600 CST:FB STYLE:R ARCH : YR:1974 REMARKS :SOLDI ROOF:WS CAR:G 2 SCH: 9400-9710-9915 S: 0.00 B: 2.80 T: 2.80 ER Ri SHOWING PH:303-295-1815 LISTOR:JAY M SONEFF PH:303/295-1815 FAX#:303-292-6440 VOL : OFFICE:JAMIS COMPANIES INC PH:303/295-1815 ID:08660 BY:JS:ML PAGE: 70 RESIDENTIAL Properties analyzed in 2 secoud(s) End of search CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: March 28, 2002 DATE PREPARED: March 18, 2002 CASE NO. & NAME: WA-02-01 CASE MANAGER: Michael Pesicka ACTION REQUESTED: Request for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2). LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: 3760 Hoyt Street Craig and Paula Corbin 4230 Easley Road Golden, CO 80403 Same 11,952 square feet Residential-Two District (R-2) Duplex N, S, E, & W: R-2 N: Duplex S, E, & W: Single family residential DATE PUBLISHED: DATE POSTED: March 14, 2002 March 14, 2002 DATED LEGAL NOTICES SENT: March 14, 2002 ENTER INTO RECORD (X) ZONING ORDINANCE O SLIDES O SUBDIVISION REGULATIONS (X) EXHIBITS O OTHER (X) CASE FILE AND PACKET MATERIALS The property is within the City of Wheat Ridge, and 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 3760 Hoyt Street and is currently being used as a single family residential property. The property is zoned Residential-Two, R-2 (Exhibit 1, (Zoning Map) and is 11,952 square feet in area. A two-unit structure in the R-2 zone district requires a lot size of 12,500 square feet. The applicant (owner) is requesting approval of a 548 square foot lot size variance from the required 12,500 square foot minimum lot area in the R-2 zone district to allow the second dwelling unit (Exhibit 7 Application, Exhibit 3, Deed and Exhibit 4,Applicant Letter). An administrative variance cannot be granted because the variance results in additional dwelling units. Staff was notified of this duplex when the Post Office called to verify a second address at the property in question. Staff in turn notified the Post Office that the property had insufficient lot size, and a second address would not be permitted. The owners were then notified that the duplex was not an allowed use on the property due to the insufficient lot size. (Exhibit 5, Staff Letter, to Applicant) The structure has been a non-conforming duplex for an undetermined amount of time. The current owners purchased the property in November of 2000, and they were led to believe that the legal use for the property was a duplex. The previous owner has since passed, and the early history of the structure is unknown. The city does not have any building permit records to reflect a conversion of a single family home, or any additions to the house. II. SITE PLAN The property in question is not unique in shape, has frontage on Hoyt Street to the west, and W. 37`h Place to the south. The applicant is proposing to continue the use of the property in question as a duplex. The property is zoned R-2, but does not meet the minimum lot size requirement of 12,500 square feet for a duplex in the R-2 district. 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 yield a reasonable return in service and income. The property can still be used as a single family residence. 2. If the variation were granted, would it alter the essential character of the locality? This variance could potentially alter the essential character of the locality by allowing a duplex in a neighborhood which is composed of primarily single family residences. However, the structure has been used as a duplex since the time of purchase (November 16, 2000) by the applicants. In addition, the property directly to the north (9496 W. 38`h Avenue) is a legal duplex. There have been no complaints received by the city from adjacent property owners in respect to the subject property being utilized as a duplex. 3. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No, the lot in question has a typical rectangular shape and slopes slightly from north to south. The lot meets the minimum lot frontage requirements for a duplex in the R-2 zone district. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The illegal nature of the second unit has not been created by the present owner. The hardship stems from the conversion of the structure to two units by a previous owner. The current owner relied on misinformation given by the realtor in purchasing the property. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? No, granting the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The current duplex does not impair the adequate supply of light and air to adjacent properties, does not substantially increase the congestion in public streets, or increase the danger of fire or endanger the public safety. The property could possibly have an effect on property values in the area. 6. If criteria a through a 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 requested variance would result in an individual benefit for the property owner, and would not produce a benefit or contribution to the neighborhood or community. Approval of this request would not result in the reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATION Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a waiver. Therefore, staff recommends APPROVAL for the following reasons. 1. The hardship has not been created by the present owner. 2. The variance would not be detrimental to the public welfare or injurious to other properties. 3. The proposed additional unit would not impair the adequate supply of light and air to adjacent properties. 4. The proposed additional unit would not substantially increase the congestion in public streets, endanger the public safety, nor increase the danger of fire. EXHIBIT 1 1 5 W 2_ OFFICIAL ZONING MAP WHEAT RIDGE COLORADO 5W22 PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES E 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NW 27 ® O 100 900 reec n N WXGtgb G DEPARTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 ofw"Eqr LAND UnE CASE PROCESSING APP_J CATION ofw"Earn ~c Planning and Development Department = g 7500 West 29" Avenue, Wheat Ridge, CO 80033 co o Phone (303) 235-2846 pct oRPC° C ORPD (Please print or type all information) Applican ,/~/o F ulcz ,Dry/,, JAddress 4~3a 421 Phone 2'/3 35DS City'::::-~~ . State l®/o. Zip ~~D4D3 Fax Owner a/hG Address same Phone City State Zip Fax Contact iq ~DleLih Address s~ c y Phone OP~9-1101 City ~ z?y1 State 4' Zip Fax 290-/25"e (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): Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval 33( Variance/Waiver (from Section ) ❑ Zoning Ordinance Amendment > ❑ Other: Detailed description of request:-SP- q~{Ct GictEyc ~~/yq vac R lJ~ /rCe, f z 3 Required information: Assessors Parcel Number: 3~ a7~'o3~ Oo1l~ Size of Lot (acres or square footage): / gT,?~S9{t Current Zoning: 09-Z Proposed Zoning: Q - Z Current Use: 6 e (t 1 Proposed Use: TWO - naa ~y f y~f~t n / I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplishgf. Applicants other than owners must submit power-of-attomey from the owner which approved of this action on his behalf Signature of Applicant Subscribed., sworn to me is day of Gh 2000 2 r• owl of Public My coligan fission expi es /O/o?%~.Zoo 3 Date received O Fee$~~{tNo•1a7 Case No. Oa-Q~ Comp Plan Desig. Zoning Quarter Section Map NW- Related Case No. Pre-App Mtg. Date Case Manager C EXHIBIT 2 C q Q Q 01 M C U Q QWZ ~ Z Q W Z, W Q u-C? 1 q C ooaf tQ` a LO ~R W +'-1 Z O • H p 00 ti.ilxlqW z ZNWq ~O W p W~V-W W~LI I-- C 1) lx A W Q H 3 C v Ul 3 v A O N V) rl H ,(v W zQ W 0 T fa N A ro m ci W W Q y x F ro r b 0 N O m N YP O O a O U w O N m A m ri b O N d W W W h pa 44 N O J 0 O W U H C a + H M w P, o w 0 J ri 0 U m 4 A w O m m O O a O U z W Q 0 ` N z H a 0 U a P4 Q7wy W z H ai O U W O H v a m N bi W a w O w o O m a N O d' U m W '.i Q m m m V vw mro rl m b) z N O a) w m [y O W 3 h G N o C C1 > J C O o N C ti G . W C x] . 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A x O- W N O W 3 .i N 3 W N Ct N z W N O O Y s H c v o m % c .v H 1H o o Tti H Y T D• G O Q > d 4 y O• N C y -.4 H Y G .4 W W N ~ W„ • ro E Y c c m m ~ V ] c m o w W A- O OJ W X H Y o W rn T o W y G W Y N H H m o s H -•i H% [x~ U W F W N > % H H 4 % N z H C T -N L -.i y f F m O W A . U Y y - ro W y G I N O H W E W N W W H M-I C G E Q Q O m O F O~ O W o F % Y W G F 'O 3 u+ % Y 7 a a U U1 H 'O O~ H H > N> Y W N C F O G O y N O D• A U N G -.i % N ro A u o A a ti A N rn a W N W U 3 W A W O. 3 of 1 1 V "n O Aaa Wnbcaarvs 0 O o W O O h F z H O Vl U W W R y d N d O O O N 2 v H -N x W G 0 V .ti m W % H b -N U -ti Ha wa 0 C ro G N E N N C O 3 a H N 2 K 0 0 O N U % G G W H G .N O °w P m N d rn EXHIBIT 4 To: City of Wheat Ridge Planning and Development Department From: Craig and Paula Corbin Subject: Variance application for 3760 Hoyt Street Date: March 5, 2002 We are applying for a variance for 3760 Hoyt which is zoned R-2 and has an upstairs and a downstairs unit, each with their own entrance. We purchased this property on November 16, 2000 as a duplex based on: • The R-2 zoning • Configuration of the property as 2 units • Two addresses and two mailboxes • The seller's representation that this was legally a two unit property • Our realtor's phone call to the City of Wheat Ridge to confirm the property usage Pursuant to Sec. 26-209, we are requesting a variance based on: A. Intent and Purpose: Our intention (and our subsequent usage) conform to the City of Wheat Ridge's aims of providing a high quality, safe, quiet and stable low density residence of the neighborhood as set forth in Sec. 26-209. B. Development Standards: Although the property is 548 square feet less than the required 12,500 square feet set forth (it is 11,952.20 square feet), this property has more than the required lot width (139.94 feet, the minimum width is 100 feet) and it fits all other requirements. We are requesting this variance based on the aforementioned information. Thank you. Sincere137i Craig and Paula Corbin EXHIBIT J WARNING NOTICE Department of Planning and Development Code Enforcement Division City of Wheat Ridge, Colorado 7500 W. 29th Avenue PLEASE TAKE NOTICE that the Department of Planning and Development, City of Wheat Ridge, Colorado, has determined that the property described below is in violation of the Wheat Ridge Code of Laws: 3760 HOYT STREET SPECIFICALLY, violations exist on such property because of the following conditions and use: SECTION 26-209 (131: RESIDENTIAL-TWO DISTRICT DEVELOPMENT STANDARDS PLEASE 5EE ATTACHED CHART. YOUR LOT DOES NOT MEET MINIMUM SQUARE FOOTAGE FOR A TWO FAMILY DWELLING. YOU ARE EXEMPT FROM TH15 PROVISION IF THE SECOND UNIT EXISTED PRIOR TO 1969. WE WILL NEED PROOF OF THIS EXISTENCE. SECTION 26-1004: EACH DAY SUCH A VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE. PLEASE CALL TO D15CU55 THI5 MATTER. THANK YOU. PLEASE CONSIDER THI5 DUE NOTICE TO DE515T AND ABATE THE ABOVE DESCRIBED VIOLATION WITHIN SEVEN (7) DAYS OR A SUMMONS AND COMPLAINT WILL BE FILED WITH THE WHEAT RIDGE MUNICIPAL COURT. FURTHERMORE: Any person, firm, corporation or any officer or employee thereof who violates or fails to comply with the provisions of the Wheat Ridge Code of Laws may be subjected to the penalties prescribed therein. Each and every day that violations exist may be considered a separate offense subject to separate penalties: In appropriate cases, you may have a rightto protest the allegations of this notice pursuant to Wheat Ridge, Colorado, Code 5ubsection 15-7 (1988). When the violation is abated within the warning notice period, this notice will be dismissed and no further action taken. This notice is issued pursuant to Wheat Ridge, Colorado, Code 5ubsection 2-34, 15-5(1988). If you need more information, feel free to contact my office at 235-2851 or 235-2847. DATED this c7a day of , 2002. CO ENFO CEMENT/ZONING INSPE Cindy Hager an 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 March 14, 2002 Dear Property Owner: This is to inform you that Case No. WA-02-01 a request for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on March 28, 2002, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. C\Kathy\B(DA\pubnotice\wa020l .wpd a N c `m ~ N y 'u ' N C O ~ a 0 c - a > 'd o K m @ ~ c Z v NI K c O ? 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O K a ~ ~ D Q ~ d a U o v Z ? vi K c 7 •d D D d N ~ 1 N N - d ' N ° 2, E a 0 ` a m o L O N ° C E 1 .0 m~ v= y o 0 x O m n o >0 Q ° o u 0 O _ m lCO 0. 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Real Estate Solutions makes no representations 5W 22 HAVEb._ $ S 7 N .s N d W Z °a m a~ N W ~AW I I 1. WHEAT RIDGE N N W 7. o ' ° u " i ~V ~za tiar..- w z HIGH SCHOOL 4 N LL n " o ' O ttwlt Y 4 ~ a ' dry ib t; OFFICIAL ZONING MAP WHEAT RIDGE COLORADO - PARCELILOT BOUNDARY (DESIGINATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) NW 27 O w 200 ~00 900 Fsel. f aam DEPMMENT OF LaMAP s{ Revision: SepJune tember 10 2001 ^<avv PLANNING ANDDEYELOPMENT NOTICE OF PUBLIC MEETING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on March 28, 2002, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. WA-02-01: An application submitted by Craig & Paula Corbin for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: March 14, 2002 CAKathy\B0A\PUBHRGS\020328.wpd $A x' AA S k% P w: da; 3.^ y Y~~t "y+ J~'% M M 0 o F a_F N ¢w u ~u M W Wp w T. W a W p ro 7 LL j m W m wn Q u Z O ~lL W 0 rc W w o ~ o m O 2 Q m J J N 0-12 T N CV t 1 N y U W H Z u } W W O : m m t UW 7 , w O m Z a O o ° < a o ° 7 o° m o - U) ❑ u m ¢ - O J f N 7 1 ~ z21 - 3 O c m o Z ~ a a oG n Q 0 J 26-6Z/ 0 ~O'SM O v o~°i«so oa tl 7-,. _ m o aw c v >m m a d o mc m ~ ro o r . 0 y « 0 "~m a. o m 3 ro ro U O U O O-O~ O C D mo=~. nro"- c= mro- °3o0 ro 9 m N 0 °ro«° C c0C Xv W .UU o U. N d ` Oda ro > C M .W O v 'o m0 L 11 ~ oo.,ct E~ o a O rot~UT O c ~ Y N ro C o ro C N W W ~ . 40 ro m 9~m° ((!~~~p~oo0 Ew E Y N~ ~W o m$roa mE c °ca)o a°°> Nv 0 NLO ~ ~ N O_ a =o w E o 3yNs>~V_a~~u Q,v 1C VJ r!j G 0. C s C _ _NE a E~mroom aa3 c m E m O U N o m„ mm arc jpm N E C 6 ~ a) NO s m ro c d a N OOH O N N m<x N o.> Uaw ~C >°Oa y E~ C U O FDN 0 > k g c - a c0 C Z 0 o O 0'o W 0 `c« ro 4`~m IL N L~ cc 03>O'c LASS N ` v I 7A3 ILL 0 N ~ „p Case No.: A0201 Quarter Section Map No.: NW27 App: Last Name: Corbin Related Cases: App: First Name: Craig& Paula F Case History: 548 square foot variance to Owner: Last Name: Fame he 12,500 square foot minimum lot area Owner: First Name: requirement to allow for an App Address: 230 Easle Rd y . - Review Body: BOA City, State Zip: Golden, CO 80403 App: Phone: 303-279-3505H APN: 39-272-03-020 Owner Address: ame 2nd Review Body: City/State/Zip: 2nd Review Date: Owner Phone: 303-273-1101W Decision-making Body: BOA Project Address: 3760 Approval/Denial Date: Street Name: Hoyt Street - City/State, Zip: heat Ridge, CO 80033 ResolOrdinance No.: Case Disposition: I - Conditions of Approval: Project Planner: rane District: Ill File Location: ctive Date Received: 3/6/2002. Notes. Follow-Up: Pre-App Date: F