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HomeMy WebLinkAboutWA-02-067500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 August 2, 2002 William Luce 11481 W. 39th Pl. Wheat Ridge, CO 80033 Dear Mr. Luce: RE: Case No. WA-02-06 Please be advised that at its meeting on July 25, 2002, the Board of Adjustment DENIED your request for approval of a 104" side yard setback variance from the required 15' side yard setback resulting in a 4'8" side yard setback for the purpose of constructing a garage on property zoned Residential-One (R-1) and located at 11481 W. 39th Place. 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: WA-02-06 (case file) CAE)ocumenu and Settings\kathyfft DocumentsTwhy\B0A\C0RRESP\20024 0206denialmpd 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 25 h day of July. 2002. CASE NO. WA-02-06 APPLICANT'S NAME: William Luce LOCATION: 11481 West 39th Place Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-02-06 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that a protest was registered against the application; 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-02-06 be, and hereby is, DENIED. TYPE OF VARIANCE: A 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback. FOR THE FOLLOWING REASONS: 1. The hardship has been created solely by the applicant. 2. The requested variance will result in a benefit solely for the applicant. 3. The garage can be located elsewhere on the property without a variance. 4. Opposition was expressed by the neighbor who would be most affected by the variance. VOTE: YES: ABBOTT, BLAIR, DRDA, MONTOYA, YOUNG NO: HOWARD ABSENT: ECHELMEYER, HOVLAND Board of Adjustment Resolution WA-02-06 Page two (2) DISPOSMON: A 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback was DENIED. ADOPTED and made effective this M day of July, 2002. P NT YA, 1 airman Bo justment Ann Lazzeri, Secretary Board of Adjustment significant degree. 3. On balance, although there may be some tangible benefit to the neighborhood as a result of enclosing the motor home, it would seem that the granting of this variance would not result in a significant enough benefit or contribution to the neighborhood or community. The motion passed 6-0 with Board Members ECHELMEYER and HOVLAND absent. Chair MONTOYA advised the applicant that part B of his application had also been denied. B. Case No. WA-02-06: An application filed by William Luce for approval of a 10'4" side yard setback variance from the required 15' side yard setback resulting in a 4'8" side yard setback for the purpose of constructing a garage on property zoned Residential-One (R-1) and located at 11481 West 396' Place. This case was introduced by Mike Pesicka. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and presented photos and site layout pertaining to the application. Staff recommended denial of the application as outlined in the staff report. The applicant appeared before the Board. A William Luce 11481 West 39th Place Mr. Luce was sworn in by Chair MONTOYA. He stated he wanted to build an additional garage because the current double garage is inadequate. In order to build the garage in another location, several mature trees would have to be removed and it would be necessary to install a 100-foot driveway. He entered several photographs into the record showing various views of the yard and existing driveway. He felt there was a hardship in that the proposed location was the only feasible location for a garage. He believed the addition would enhance his residence as well as the entire neighborhood. Board Member ABBOTT asked if the applicant had considered moving the garage to the rear. Mr. Luce explained this would not be possible because of living area in the back. Putting it further in front would detract from the aesthetic value of the house. He planned to have a 15 X 20 garage that is wider than most single car garages to accommodate woodworking equipment, etc. He stated he had spoken with five or six neighbors regarding the application and had received no complaints. Chair MONTOYA asked to hear from members of the public. Board of Adjustment Page 5 07/25/02 Jack Zeiler 11461 West 39`h Pl. Mr. Zeiler was sworn in by Chair MONTOYA. His residence is located next door to the applicant and he spoke in opposition to the application. He stated that, although he had asked the applicant for drawings and elevations of the proposed addition, he has seen nothing to date. He entered six photographs into the record showing the proximity of his neighbor's house to his residence and stated that there would only be 2.8 feet between the eaves of his house and the eaves of the proposed garage. He stated his belief that the proposed garage would decrease the value of his property as well as the entire neighborhood. He expressed concern about fire protection with the proposed structure being so close to his home. He didn't believe the applicant would approve of such a structure being built next to his property. He asked the Board to deny the application. Mr. Luce stated that he was waiting to have architectural drawings and elevations done until he knew whether or not the variance would be approved. In response to a question from the Board, Alan Wbite replied that Section 26.611 of the Code states that eaves may project into a front, side or rear yard no more than 30 inches. In response to a question from Board Member YOUNG, the applicant stated that there is no other feasible location for the garage on his property. He stated he was ino decrease the size of the garage by two feet. Chair MONTOYA asked if there were others present who wished to address the matter. Hearing no response, he closed the public hearing. Upon a motion by Board Member DRDA 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-02-06 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that a protest was registered against it; 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- 02-06 be, and hereby is, DENIED. Board of Adjustment 07/25/02 Type of Variance: A 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback. For the following reasons: 1. The hardship has been created solely by the applicant. 2. The requested variance will result in a benefit solely for the applicant. 3. The garage can be located elsewhere on the property without a variance. 4. Opposition was expressed by the neighbor who would be most affected by the variance. Board Member ABBOTT stated he would vote for denial because, while he recognized the need for additional garage space, there was not a level of uniqueness or general benefit to the neighborhood to justify this degree of variance. The motion passed 5-1 with Board Member HOWARD voting no. and Board Members HOVLAND and ECHELMEYER absent. Chair MONTOYA advised the applicant that the request for variance had e,® (a3 C. Case No. TUP-02-03: An application filed by TCCH Management, LLC for approval of a one-year Temporary Structure Permit to allow an office trailer on property zoned Industrial (I) and located at 12000 West 52nd Avenue. This case was introduced by Travis Crane. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report. Staff recommended approval of the application for reasons outlined in the staff report. Mr. Crane stated a letter of objection from Bob and Barbara Hance, 11818 West 52"d Avenue, was recently received. He provided copies of the letter to the Board and entered the letter into the record. In response to a question from Board Member HOWARD, Travis Crane explained that after the previous owner placed the trailer on the property, his building permit fell through and he sold the property to the current owners. Lisa Humphrey 10321 Mica Way, Parker Ms. Humphrey, manager for TCCH Management, was sworn in by Chair MONTOYA. She originally asked for four months to complete construction but expressed concern that the permitting process may take longer than four months and therefore requested a month's extension to December 2. She stated that they were anxious to get the trailer off the property and would remove it as soon as their building renovation was complete. She also entered a copy of the interior renovation plans into the record. Board of Adjustment Page 7 07/25/02 O VNi ,~D N O O CfQ oo ~ n C rD B D ch O ~ • CD 0 CD N O ~ P O O CD O N N O N c . ~ C C O n O ~ . C CD U' ~ rr- ('D. UQ CD O N CD N ~ CD ~ n c~ n O O r+ fD . O O O ~ CfG v' N ~ -P ~ N ~ N J O O N CD r 0 0 P7' 0 0 0 w `r It r r 0 0 P7' 0 N 0 0 0 CD 0 0 0 r 0 0 0 c~ c~ CD a 0 0 r 0 0 x 0 N a a 0 0 r 0 0 0 c~ CD 0 0 0 O~ Vt -P W N ~ ~ O O ~ O r+, F-h ~ O N `j CD CD C CD llc~ (D CD . CD CD ' CD r+ CD ' ~--r O ('D P N N ~ ~ ~ `C N fD (D . O C p D ~ O N O O ( J N o u ,j N O O N N ti r N O O N E cu a) ff3 0 ft3 7 U 2 CD tV I c~€ e r r N O O N Ilzr N h T +J L L u cL N 0 0 N O !J N a n CD a PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT July 25, 2002 Case No. WA-02-06: An application filed by William Luce for approval of a 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback for the purpose of constructing a garage on property zoned Residential-One (R-1) and located at 11481 West 39' Place. (Please Print) Name Address In Favor/Opposed CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 25, 2002 DATE PREPARED: July 18, 2002 CASE NO. & NAME: WA-02-06\I.uce CASE MANAGER: Michael Pesicka ACTION REQUESTED: Request for approval of a 10 foot 4 inch side yard setback variance from the 15 side yard setback requirement resulting in a 4 foot 8 inch side yard setback for the purpose of constructing an attached garage on property zoned Residential-One (R- 1) and located at 11481 W. 391 Place. LOCATION OF REQUEST: 11481 W. 391 Place Wheat Ridge, CO 80033 NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: William J. Luce 11481 W. 39' Place Wheat Ridge, CO 80033 Same as above 27,500 square feet Residential-One (R-1) Single Family Residential N: A-1, S: & E,:R-1, W: R-lA N: Ag (Open Space), S:, E:, & W: Low density residential July 11, 2002 July 11, 2002 July 11, 2002 ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) (X) ZONING ORDINANCE ( ) ( ) SUBDIVISION REGULATIONS (X) ( ) OTHER CASE FILE & PACKET MATERIALS SLIDES EXHIBITS 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. I. REQUEST The property in question in located at 11481 W. 39 b Place and is currently being used as a single family residence. The property is zoned Residential-One (R-1) The applicant (owner) is requesting approval of a 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback in an R-1 zone district, reducing the setback to 4 feet 8 inches. atpedt1 The purpose of the variance request is to allow for the construction of an attached garage. II. SITE PLAN The applicant has submitted a site plan showing the proposed location for the attached garage WIM I, The proposed garage will encroach into an existing 5 foot side yard utility easement. All pertinent outside agencies have stated the location of the proposed garage is not problematic. At approximately 27,500 square feet, the parcel exceeds the minimum lot area requirements for a single family house in the R-1 zone district. The property has lot frontage of 144 feet, which exceeds the minimum lot width requirement for a single family home in the R-1 zone district. Extensive landscaping covers the entire front yard, and the existing garage is on the east side of the property. The proposed addition would be attached to the existing garage and access would be gained from the existing driveway on the east side of the property. Placing the garage on the west side of the property would require a large amount of landscaping to be removed and possibly -a new curb cut to gain access to the new garage fAaitL. The existing house is at an angle on the property, which contributes to the small side yard setbacks. 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 is currently used as residential property and this use may continue on the property regardless of the outcome of the variance request. 2. If the variation were granted, would it alter the essential character of the locality? If the attached garage is built, the essential character of the locality would not be altered substantially. The property in question is a large lot (27,500 square feet) and the residence is setback over 80 feet from the street. One side yard setback variance of 3 feet was granted in 1997 for 11441 W. 39 h Place. 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? The shape of the lot and the position of the house on the lot creates a unique circumstance. The lot is relatively flat and meets the minimum requirement of 12,500 square feet for lot area in the R-1 district and the 100 lot frontage requirement in the R-1 district. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes, the hardship has been created by the applicant. The applicant is proposing a structure which does not meet setback requirements for the district, and a two car attached garage already exists on the property. There are alternate locations however, it may necessitate existing mature trees to be removed, and a new access and driveway would be needed if the garage were to be placed on the west side of the existing house. 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 or injurious to other properties. It would not impair the adequate supply of light and air to adjacent properties, substantially increase the congestion in public streets or increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 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 a benefit solely for the applicant and would not contribute to the neighborhood or community. Granting of the variance would not result in the reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the above criteria are not supportive of the variance request. Therefore, staff recommends DENIAL for the following reasons. 1. The hardship has been created solely by the applicant. 2. The requested variance will result in a benefit for the applicant only. 3. The garage can be located elsewhere on the property without a variance. If the Board rules in favor of the requested variance, the following are Staff s recommended conditions of approval. 1. The garage be consistent with architectural materials used on the existing house. waeq LAND U,..1 P CATION f WHEgl ` of ~c nt par". o Pc V 7500 West 2911 Avenue, Wheat Ridge, CO 80033 co c Phone (303) 235-2846 coioaPCo l ORP~ (Please print or type all information) Applicant Wj c.u A rl J Luce Address 11 y R l w 3 9 -PlL Phone 303 v37 -09 City NNe%h 2,n State r„ Zip koaz3 Fax I~IC14 LL66 6 Lvc6-b Owner LV ILL/A ly T L u « Address I I N $ I c„i 3,j PL Phone3c3-`I3Z. o"t'L6 City t„IH&J r sz(ol;s State Co Zip Z-oo 33 Fax Contact wltLlnl~ S LaCE Address ItvSl w -39 Pc -Phone City wNC,g-r -z, o)6e State Co Zip ROO --73 Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional infonnation when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): / l 4/ 81 w '347 P,n - 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 AVariance/Waiver (from Section Z 6- ; t S ) ❑ Zoning Ordinance Amendment ❑ Other: Detailed description of request: u I c. o t'l 6 o o , r l o '(-o F I s-r, Ni 6 Hoy ns ✓~TTNC NC O S N6c& Caz _ S C /Y rRcN<~ C% ~cAN AT,oN Required information: Assessors Parcel Number: 03-D CP2 Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: t~ Current Use: end~Zz / Proposed Use: /&r; phfi7ti 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 accomplished. Applicants other than owners must submit power-of-attomey from the owner which approved of this action on his behalf. V Signature of Applicant S1 Subsy d and sworn to me this day of TW 20 CO- LEN y 0G P lic /3 ' is fires Nmrcmber ta. s': co ission a Wadswcdh Boulevard be filled out by staff. Date received Fee $ / N~ iPt Case No. 04-Oa- 6 Comp Plan Desig. Zoning F Quarter Section Map . &.Zl Related Case No. Pre-App Mtg. Case Manager y2S/~~~ EXHOBIT 2 f WARRANTY DEED THIS DEED, Made this 22nd dayof February , 2002, between Steven L. Cleary and Patricia D. Kinsey ofhh County of Jefferson and Stateof Colorado grantor, and William J. Luce and Michelle G. Luce DOLLARS,($484,900.00 the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bar- gain, sell, convey and confum, unto the grantees, their heirs and assigns forever, not in tenancy in cemmon butin Joint tenancy, all the real property together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: Lot 4, Chula Vista subdivision, county of Jefferson, State of Colorado, Except easements described in Book 714 at Page 56 and Except that portion described in quit Claim Deed recorded June 13, 1991 under Reception No. 91051301. County of Jefferson, State of Colorado whose legal address is 11481 W. 39th Place, Wheat Ridge, CO 80033 ofhh County of Jefferson and State of Colorado grantees: WITNESS, That the grantor, for and in consideration of the sumof FOUR HUNDRED EIGHTY FOUR THOUSAND NINE HUNDRED AND N01100-----------------------------------. alsoknowabystreetandnumberas 11481 W. 39th Placd Wheatridge, CO 80033s=4~ TOGETHER with all and singular the hereditarnents and appurtenances thereunto belonging, or in anywise appertaining, and the reversion, and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for hmwelf, his heirs and personal representatives, does coveamik grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensesling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and bas good right, full power and lawful authority to grant, bargain, sell and convey the same in insurer and form as aforesaid, and that the same are free and clear from all fornsr and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whateverkind or nature soever, except for taxes for the current year, a Ben but not yet due and payable, and those specific Exceptions described by reference to recorded docmnents as reflected in the Title Documents accepted by Buyer in accordance with section 8a [Title Review], of the contract dated . between the parties. Thegrantor shall and will WARRANTAND FOREVERDEFFND theabove-bargainedpcernwes in the quiet andpeaceable posses- sion of the grantees, theirhef s and assigns, against all and everyperson or persons lawfullyclaimmg the whole cranypart thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WWHEREOF, the grantor has executed this deed on the date set fabove. Steven Cleo , Patricia 1). Kinsey ` ' GINA LARA NOTARY DD01 STATEOF COLORADO ) ) as. My Commission Expires 02-16 -2003 COUNTYOF JEFFERSON ) The foregoing instrument was acknowledged before me thus 22nd - day of February 2002,by Steven L. Cleary and Patricia D. Kinsey My Commissionexpires: February 16, 2003 Witness d and official seal. - Notary Public Gina Lara RECEPTION N0. F1429780 2/25/2002 10:37:51 PG: 001-001 PAGE FEE: 5.00 DOC.FEE: 48.49 RECORDED IN JEFFERSON COUNTY, COLORADO WAEEANTYDEEDes J&ATensors) M'a++rral Filets W0155MAM 02 X H I B I T NW 21 PRD I Z F r w 0WEN5 PARK } •I - ° w } . .w • FILING2 3 • • ~ a ~ • WZ-843 . m ~ Xz~ L M SITE OF f ° ~t R) (=©UFS EA RI 6 M OR 2N FI NG : e ~ E a R-1 I w n 8 W d1S TAV - gg gg qq g a' AI'PLEW OD C VILLA E 9 ¢ W 39 tH PL f o f 9 8 m Z74 W 39T 4 PIL W 39TH P 3 S > 1 s ~ A- x 9,z w ~ H ° ~ a U ~p J . e°1 , d ,ay W3 9TH A $ W 30IXAVE m J M1 • $ g ~ ~ $ r ~ $ tl ~ 8 $ $ e S ~ a S - gg R 3a ~ r~ ' $ g • b - _ ~ R O E5r rR A /a993 s a 9 _ 3 nm ` R a 8 'vs 8 I W 38TH PL W 38TH P R w 11W6 1099) W 301 HR 8 -1 p Q R g 8 ' A . B N A U N N V Z ° SUP ]43 $ ~ p A ' F = A ~ U R a R 3e ~ w z J-~ , n rc r, - ' R RID @ LL < 5 6 A R-2 ? g N .3 § ffi U > # •8 d 8 _ _ 3ms /oaso 0 N OFFICIAL ZONING MAP WHEAT RIDGE COLORADO NW28 - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 21 0 100 200 300 900 PIA DEPARTMENTOF MAP ADOPTED: June 15, 1994 Lu W N EXHIBIT 4 SURVEY OF LUT 4, CHULA VISTA A PART OF THE SW 114 SECTION NORTHWEST CORNER LOT 4 FENCE CORNER IS / T.3 S. R.69 W OF THE 6TH P.M 0.3'E AND 0.1'S J CITY OF WHEAT RIDGE, JEFFER50N COUNTY, j -FENCE APPROXIMATELY ON LOT LINE 4F PIN f N 89°37'03'E 120.24' (120') ~ 110.79'. _ S' UTILITY M OVERHEAD UTIL.iTY LINES ~ ~~o EASEMENT f~ 2 0 _ _ . FENCE CORNER I S {TYPICAL) `v 3 7 a J 0.3'E AND Q.3~5 END 4F FENCE IS X 0.3'W AND G.0'N DESCRIPTION: ~0 N LOT 4,. CHULA VISTA EXCEPT THAT PORTION DESCRIBED IN R ~ iL3 5' . 37 a~ 91051301, CITY OF WHEAT RIpGE, JEFFERSON COUNTY, COLOR CERTIF{CATION: I I 2 7. 5 ' 22.2 p~t'~ ~ ~ \ A ~r nrn.i nrn tJ rv T~ i to Ti il" I~r'CT P1C \lV V f..l_L]_fAli Cfl_f':C t hl FENCE CORNER IS 2 GGO• ~ r> 0. 5 ' S AND 0 . 7 ' E ~ ~cA S~v , 6 . q 6 r.3++ SCALE I 3d _ ~ I -y_ 3p 0 15 30 45 ~ ~ r. . . w o r ~d ° . . o ~ . o _ o ~ + .9 -~µ.°"-~H ~ T~ i J I l~ N f j #~1.;? I f 1 G i~ L. ~ 1 iYi E... 1 t_ i ~ i i t1 ~ 4,i L, L.. ~ ~ ~ t r°t t.~ i~. i v : 6 k,.. t~+ ~a 9 ~ `-A- ' ,r~. r~ n n rti a n °r , n . r F o a v t ~ t t~ i w "t' P"" t~ s t t ► i i~ 1 3 s i""F A t"'` f"t 1 ~ f i`~ f` 1~4, (1 C) i ~'i i. T "C fT THROUGH ; 2. J ~ 00 . ~ F 0'S~~ p~~~p~,~ ~6 ~J~~ %~-5 ~ ~F 1 i 's FENCE CORNER IS ~ ~ ~ ~ ~1 ~ 9.0' WEST OF LINE ~ c~0 r'% /~-EDGE OF PAVEMENT i J - r NQ OD F- r ~7" ~ i O~ r~ d J 1 W Z 1 ~ ~ UZ S Ow~ • Z cn r7-- ~ OJT O F- D ai f~ ~ o~m 'i ~ ~ cn 3 cn L i ' \ 330.12'(329.7') N 89 ° 36 ' S4 " E 2639.6 I ,sly L SOUTHWEST CORNER Vr T SECTION 21 3 I/4" BRASS CAP IN RANGE POINT BOX LS 13212 J r PREP 9500 -Y' :E r TEL R EXr11BIT 5 VARIANCE PROPOSN LUCE RESIDENCE 114SI VV-39 F WN~AT RID T N SCALE EXISTI NG TWO C/~R GARAGE 15 FT. P RO PER TY SET LACK I LI IN E I .I I I I PROPOSED GARgG E SURVEYED PROPERTY i r"I EXISTING 1=ENCt LINE, EXHIBIT 6 I am making application for a variance regarding the current existing building set backs in my neighborhood. The property is located at 11481 W. 39 Pl. in Wheat Ridge. The existing residence currently has a two car garage located on the South East corner of the residence. I am proposing to build an additional attached single car garage to the East of the existing two car garage. The proposed size of this structure is 15 feet wide by 20 feet deep. Because of the orientation of the residence on the lot, the garage addition would encroach upon the current set back of 15 feet. The South East corner of the addition would be approximately 4 feet 8 inches from the property line while the North East corner would be approximately it feet 10 inches from the same line. The selected location proposed for this garage addition is the most reasonable option for the following reasons: - Adjoining garage structures can share common driveway access for convenience and esthetics. - Garage structure can not be placed further to North, along East wall due to location of windows along this wall. - Location of large (approximately 40 yr. old) trees on lot prevent the placement of a detached garage structure in another location without the removal of said tree(s). - Difficult access routes to other locations on the property would not make a detached garage realistic. The design of the addition is to be of brick and stucco finish to match the existing residence. The height and roof design shall match the existing residence. The adjoining residence to the East (11461 W. 39 Pl.) is set entirely to the South of 11481 W. 39 Pl. The garage addition therefore, would not seem to pose a fire risk to the adjoining residence. In closing, it is my desire to build a garage that will not detract from the character of the neighborhood or my residence. Every effort will be made to make the addition appear as though it is was part of the original structure of the house. Your consideration is allowing this requested variance is greatly appreciated. Respectfully, uc~~~~ Willia~ POSTING CERTIFICATION CASE NO. Gy4 -oz - o 6 PLANNING COMMISSION / CITY COUNCIL OARD OF ADJUSTMENT (Circle One) HEARING DATE: ww Z S 2oo-z~ y I, (/1/l e-L 1 H L UC E (name) residing at /lygi w -3S P~Ac6 (//ME ra occ Co Eoo-S3 (address) as the applicant for Case No. wA -o-7- - o 6 , hereby certify that I have posted the Notice of Public Hearing at ii y u 3 S Pc CA«-:,r FcNCe -n~,~= > zo7rrzTy (location) on this Z2- day of S N F 20 a Z , 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 and will be placed in the applicant's case file at the Department of Planning and Development. 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O a b cC N 'a. 0 E O z ~ Lbw r 0 b N T L v "v. .a N U a 0 z F 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 July 11, 2002 Dear Property Owner: This is to inform you that Case No. WA-02-06 which is a request for approval of a 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback for the purpose of constructing a garage on property zoned Residential-One (R- 1) and located at 11481 West 39th Place will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on July 25, 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. CADocuments and SettingAkathyt\My DocumentsUKatby\BOA\pubnotice\2002\wa0206.wpd (~~d : MetoScan / Jefferson r (CO) - Owner :Pearce Thomas W Paicel : 048674 Site :3992 Rolfe Ct Wheat Ridge 80033 Xfered : 04/2.8/1997 Mail :3992 Rolfe Ct Wheat Ridge Cc 80033 Price :$181,500 Use :1112 Res,Improved Land Phone :303-403-0362 Bedrm: 3 Bath:2.50 TotRm: YB:1963 Pool: B1dgSF :1,218 Ac:.44 • MetroScan / Jefferson (CO) • Owner :Borgans Lois E Parcel :048726 Site :3940 Routt St Wheat Ridge 80033 Xfered :01/29/1982 Mail :3940 Routt St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303-421-7380 Bedrm: Bath:1.00 TotRm: YB:1954 Pool: B1dgSF :1,215 Ac: MetroScan / Jefferson (CO) • Owner :Ossello Stephan J Parcel :048827 Site :3926 Rolfe Ct Wheat Ridge 80033 Xfered :10/26/1998 Mail :3926 Rolfe Ct Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:2.25 TotRm: YB:1963 Pool: B1dgSF :2,212 Ac: • MetroScan / Jefferson (CO) • Owner :Pott Hans Parcel :048936 Site :4002 Rolfe Ct Wheat Ridge 80033 Xfered :01/22/1985 Mail :4002 Rolfe Ct Wheat Ridge Co 80033 Price :$100,000 Use :1112 Res,Improved Land Phone :303-423-4708 Bedrm: 3 Bath:1.75 TotRm: YB:1967 Pool: B1dgSF :1,784 Ac: • MetroScan / Jefferson (CO) • Owner :Luce William J Etal Parcel :049010 Site :11481 W 39Th P1 Wheat Ridge 80033 Xfered :02/25/2002 Mail :11481 W 39Th P1 Wheat Ridge Co 80033 Price :$484,900 Full Use :1112 Res,Improved Land Phone Bedrm: 5 Bath:3.25 TotRm: -YB:1962 Pool: B1dgSF :3,200 Ac: • MetroScan / Jefferson (CO) • Owner :Swanson Gilbert D/Linda J Parcel :049020 Site :3982 Rolfe Ct Wheat Ridge 80033 Xfered :12/08/1998 Mail :3982 Rolfe Ct Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303-422-1564 Bedrm: 4 Bath:2.25 TotRm: YB:1963 Pool: B1dgSF :2,619 Ac: • MetroScan / Jefferson (CO) • Owner :Zeiler Joyce K Parcel :049079 Site :11461 W 39Th Pl Wheat Ridge 80033 Xfered :03/26/2001 Mail :11461 W 39Th PI Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303-423-0766 Bedrm :3 Bath:2.75 TotRm: YB:1969 Pool: B1dgSF :2,958 Ac: • MetroScan / Jefferson (CO) • Owner :Sisco Dean Parcel :049185 Site :3941 Routt St Wheat Ridge 80033 Xfered :02/23/1993 Mail :PO Box 494 Wheat Ridge Co 80034 Price Use :1112 Res,Improved Land Phone :303-403-0874 Bedrm :5 Bath:2.25 TotRm: YB:1966 Pool: B1dgSF :1,528 Ac: * • MetroScan / Jefferson (CO) • Owner :Brown James T/Kathleen J Parcel :049264 Site :11460 W 39Th Pl Wheat Ridge 80033 Xfered :01/11/2001 Mail :11460 W 39Th Pl Wheat Ridge Co 80033 Price :$333,000 Full Use :1112 Res,Improved Land Phone :303-422-6614 Bedrm :4 Bath:2.50 TotRm: YB:1968 Pool: B1dgSF :1,755 Ac: • MetroScan / Jefferson (CO) • Owner :Rodrigues Anthony G Parcel :049280 Site :11441 W 39Th Pl Wheat Ridge 80033 Xfered :05/11/1993 Mail :11411 W 39Th P1 Wheat Ridge Co 80033 Price :$222,000 Use :1112 Res,Improved Land Phone :303-425-8925 Bedrm :5 Bath:3.00 TotRm: YB:1951 Pool: B1dgSF :4,966 Ac:1.79 • MetroScan / Jefferson (CO) • Owner :Arndt Edna E Parcel :049281 Site :11530 W 39Th Pl Wheat Ridge 80033 Xfered :10/02/1987 Mail :3993 Rolfe CtWheat Ridge Co 80033 Price :$19,400 Use :1112 Res,Improved Land Phone Bedrm :3 Bath:1.75 TotRm: YB:1964 Pool: B1dgSF :1,484 Ac: Information compiledfrom various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. MetroScan / Jefferson (CO) Owner :Maley James K Site :3950 Routt St Wheat Ridge 80033 Mail :3950 Routt St Wheat Ridge Cc 80033 Use :1112 Res,Improved Land Bedrm:4 Bath:2.50 TotRm: YB:1964 -Pool: Pai~el :131969 • X£ered :12/06/1989 Price :$100,000 Phone B1dgSF:2,349 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. •s+ -31!9 5' 321' 7-C 7-B 8.5' 059 6-B 6-F ` 28 29 ti 060 39 058 r; 066 _ n N - I CO -0 0 a ✓ 065 a v W 1 360' 9 124 fi 53' / V 9.45; i2' 125' 125' 124.6' Pry 7d 6 80' 4-A N° 3 2 I 26 ad U ap 30 4-B 062 v 061 ° 060 057 ID m 064 ° ° ( v 25 e y. N 1 1 . 120' 99.6' S 4 O 069 - 31 25' 25' ° 063 m ~q A 2, 7' i0 L92 %6 19 I 100' 100' DSO' rn ~h • 7 8 W. 39th P l. 'N rId 67.6' 88_T\ s6 22 .N 21 0 20 0 073 N 074 N S' 75' ✓ VIEW SUB. 17 18 19 2 076 NI 075 N W 39th Ave. N 676 80 60 13 12 14 ci N N ~ 79 060 0 81 a 9 .0 10 II N ~ 84 _ 083 a 062 ~ EO' 5 008 ~ 6 009 010 ~ 01I 04 M 10 ✓ I l/ lid 125' 135' 165' ( e 22 U 0 07 2 (Z D 1 9 ~ m O I I N C H U L A VIr A SU „ ~ Q 23 006 ~?s ~2•S 0"'' 'Z 20-8 10 " O I `~0 006 24 50' 70' 149.fi 20-A II we ' ' $ e. 005 125 91.5 140' 25 76.5' 19 2a, 144 6' 0 004 013 26 6' v 004 12 0 u 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 July 25, 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 petitions shall be heard: Case No. WA-02-04 (continued from June 27,2002): An application filed by Victor Olson for approval of a 16 '/z foot side yard setback variance from the required 30 foot side yard setback when adjacent to a public street resulting in a 13 '/2 foot side yard setback and a 10 foot front yard setback variance from the required 30 foot front yard setback resulting in a 20 foot front yard setback for the purpose of constructing a garage on property zoned Residential-Two (R-2) and located at 2620 Upham Street. Case No. WA-02-06: An application filed by William Luce for approval of a 10 foot 4 inch side yard setback variance from the required 15 foot side yard setback resulting in a 4 foot 8 inch side yard setback for the purpose of constructing a garage on property zoned Residential-One (R-1) and located at 11481 West 39" Place. Case No. TUP-02-03: An application filed by TCCH Management, LLC for approval of a one-year Temporary Structure Permit to allow an office trailer on property zoned Industrial (I) and located at 12000 West 52nd Avenue. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: July 11, 2002 C:\Kadiy\130A\PUBHRGS\2002\020725.wpd Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Name: City/State, Zip: Case Disposition: A0206 ! Quarter Section Map No.: W21 Luce Related Cases: illiam J. ! Case History: 11 ft 4 in side yard etback variance from L_ uce he required 15 ft side _illiam J.& Michelle and setback resulting in 111481W. 39th Pl. Review Body: BOA-7/25/02 heat Ridge, CO 80033 _ 303-432-0926 - APN: -9-213-03-062 _ ame 2nd Review Body: ame ! 2nd Review Date: ame Decision-making Body: BOA-7/25/02 1481 1 Approval/Denial Date: 39th Place JV~est heat Ridge, CO 80033 Reso/Ordinance No.: Conditions of Approval: Project Planner: Pesicka File Location: A ctive Notes: Follow-Up: District: III Date Received: /21/2002 Pre-App Date: t 'CITY1OF WHEAL' RIDGE ; 06,'21/02 2:46 P11 cdb "WilliAof'J. Luce RECEIPT MOX013314 AMOUNT t'd Fl75D ZONING REIMBURSEMENT 90.00 FMSD ZONING APPLICATION F 200,00 PAYMENP RECEIVED AMOUNT CK 4468 290,40 TOTAL- - 290,00 ,