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Home My WebLink AboutWA-02-087500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 October 3, 2002 The Buckeye Group c/o Jim Huggins 2273 S. Fillmore St. Denver, CO 80210 Dear Mr. Huggins: RE: Case No. WA-02-08 Please be advised that at its meeting of September 26, 2002, the Board of Adjustment APPROVED your request for a 6 foot front yard setback variance from the required 30 foot front yard setback from dedicated right-of-way resulting in a 24 foot front yard setback as well as APPROVED your request for additional setback encroachment of up to 6 feet from the required 30 foot setback from the intersection of 2 right-of-way lines of Lamar Street for property zoned Residential-One C (R-1 C) and located at 6390 W. 39t' Avenue. Enclosed are copies of the Certificate of Resolutions stating the Board's decision which became effective the date of the meeting, September 26, 2002. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, March 25, 2003. Pica3' 1G el flee td contact 1ie at (3^v3) 235 4W if you have any questions. Sincerely, Kathy FieVd Administrative Assistant Enclosures: Certificate of Resolutions Draft of Minutes cc: WA-02-08 (case file) Building File CADocuments and Settings\kathyt\My Documents\Kathy\BOA\CORRESP\2002\wa0208approval.wpd 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 26`h day of September, 2002. CASE NO. WA-02-08(A) APPLICANT'S NAME: The Buckeye Group LOCATION: 6390 West 39th Avenue 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-02-08(A) 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 protests were registered against the application; 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-02-08(A) be, and hereby is, APPROVED. TYPE OF VARIANCE: A 6-foot front yard setback variance resulting in a 24-foot front yard setback. FOR THE FOLLOWING REASONS: 1. The general intent of setbacks is to provide separation between adjacent structures and streets within the neighborhood. This is to provide an open view perspective within the neighborhood among other things. The proposed structure actually sits well beyond the recognized 30-foot setback from West 39`h Avenue, therefore this structure will appear to the neighborhood as well set back from average. Lamar Street extending only some 30 feet south from its intersection with West 39`h creates an anomalous and technical basis for setback measurement. 2. The average front yard setback in the neighborhood is approximately 24 feet. If this 6- foot variance from the standard is applied there will be no tangible visual difference from the requested 6 feet, therefore it would seem to be a practical and non-detrimental plan and variance. Board of Adjustment Resolution WA-02-08(A) Page two (2) 3. The lot size far exceeds the minimum lot size requirement of 5,000 square feet in the R- 1C zone district. 4. The request would mostly likely not have an effect on property values in the neighborhood. VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND, MONTOYA, and YOUNG NO: HOWARD DISPOSITION: A 6-foot front yard setback variance resulting in a 24-foot front yard setback was APPROVED. ADOPTED and made effective this 26a' day of September. 2002. Ann Lazzeri, Secretary Board of Adjustment 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 26th day of Scntember, 2002. CASE NO. WA-02-08(B) APPLICANT'S NAME: The Buckeye Group LOCATION: 6390 West 391h Avenue Upon a motion by Board Member HOVLAND and second by Board Member DRDA, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-02-08(B) is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law; and in recognition that were protests registered against a portion of the application; 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-02-08(B) be, and hereby is, APPROVED. TYPE OF VARIANCE: A 6-foot variance from the required 30-foot setback from the intersection of two right-of-way lines of Lamar Street. FOR THE FOLLOWING REASONS: 1. Approval of this request would not alter the essential character of the locality in that, at this location, the home is approximately 60 feet back from 39 h Avenue which is the apparent frontage. VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND, MONTOYA, and YOUNG NO: HOWARD DISPOSITION: A 6-foot variance from the required 30-foot setback from the intersection of two right-of-way lines of Lamar Street was APPROVED. Board of Adjustment Resolution WA-02-08(B) Page two (2) ADOPTED and made effective this 26* day of Sentemher, 2002. Ann Lazzeri, Secretary Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting September 26, 2002 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MONTOYA at 7:30 p.m. on September 26, 2002 in the city council chambers of the municipal building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bob Blair Paul Drda Bill Echelmeyer Paul Hovland Bob Howard Jerry Montoya Kent Young Staff Present: Meredith Reckert, Sr. Planner Travis Crane, Planner Mike Pesicka, Planning Tech Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of September 26, 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-02-08: An application filed by The Buckeye Group for approval of (A) a 15-foot front yard setback variance from the required 30-foot front yard setback from dedicated right-of-way resulting in a 15-foot front yard setback. This would include (B) a request for additional setback encroachment of up to 6 feet from the required 30 foot setback from the intersection of two right-of-way lines of Lamar Street for property zoned Residential-One C (R-1 C) and located at 6390 West 39s' 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 and presented photos and site layout pertaining to the application. Variance Board of Adjustment 09/26/02 criteria for both requests (A and B) were reviewed. Staff recommended denial of the application as outlined in the staff report. In response to questions about whether or not Lamar would be extended or vacated, Travis Crane replied it would probably remain a dead-end street but the present right-of- way for Lamar remains. Sidewalk will be required along 39th Avenue and Mr. Crane indicated it was not clear at this time whether or not it would be required to go around the corner down Lamar Street. John Burch Conifer, CO Mr. Burch, builder for the applicant was sworn in by Chair MONTOYA. He stated it was the applicant's intent that the location of the house fit in with the house planned for the adjacent lot as well as the rest of the neighborhood. Without the variance, the house would be set further back than other houses in the neighborhood and would also result in a ten-foot back yard. The variance would allow a 25-foot back yard. Chair MONTOYA asked to hear from those wishing to address this matter. Sam Wells 3895 Lamar Street Mr. Wells was sworn in by Chair MONTOYA. He stated his opposition to the application. He expressed concern about lack of parking if the variance were granted. He didn't believe the location of the house would fit in with the existing neighborhood if the variance were granted. Kay Wells 3895 Lamar Street Ms. Wells was sworn in by Chair MONTOYA. She spoke in opposition to the application for the same reasons stated by Mr. Wells. James Johnson 3845 Kendall Street Mr. Johnson was sworn in by Chair MONTOYA. He spoke in opposition to the application based on the lack of parking due to inadequate driveway depth if the variance were granted. Further, the requested setbacks would not fit in with the rest of the neighborhood. Larry Maske 3855 Kendall Street Mr. Maske was sworn in by Chair MONTOYA. He spoke in opposition to the application. He expressed concern about parking and traffic congestion, especially because 39th Avenue is very narrow and Lamar carries a lot of traffic. He expressed concern about the safety of children in the area. Board of Adjustment 09/26/02 Mary Shell 3885 Lamar Street Ms. Shell was sworn in by Chair MONTOYA. She spoke in opposition to the application and expressed concern about parking and traffic congestion. Vince DiManna 3920 Lamar Street Mr. DiManna was sworn in by Chair MONTOYA. He spoke in opposition to the application. He stated that he was advised by staff not to pursue a 5-foot variance for a freestanding garage request last spring and didn't feel it was fair to grant a 15-foot variance to the applicant. He also expressed concern about parking, traffic congestion and consistency in the appearance of the neighborhood. Josie Larson 3900 Lamar Ms. Larson was sworn in by Chair MONTOYA. She spoke in opposition to the application. She expressed concern about parking, traffic congestion and consistency in the neighborhood. Board Member YOUNG suggested redesigning the house to push the garage back to be even with the front of the house. This would result in a 6-foot variance rather than a 15- foot variance and would be the same as the variance in request B. This configuration would also provide for a larger back yard. Board Member ABBOTT expressed concern about the proposed 15-foot driveway and its conflict with the driveway on Lamar. He asked the builder if it would be possible to design the house to put the garage on the other side of the house. Mr. Burch returned to the podium and stated that he didn't believe it would work well to move the garage to the other side of the house. The suggestion made by Board Member YOUNG to move the garage back to be in line with the house was discussed with the builder and the Board. Mr. Burch agreed that such a compromise would be satisfactory to him. Chair MONTOYA asked the neighbors how they felt about the compromise. No opposition to the compromise was voiced by the neighbors. There was indication they were all in favor of the revised configuration. 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 Board of Adjustment Page 3 09/26/02 Whereas, Board of Adjustment Application Case No. WA-02-08(A) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were protests registered against it; and Whereas, the relief applied for MAY 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- 02-08(A) be, and hereby is, APPROVED. Type of Variance: A request for approval of a 6-foot front yard setback variance resulting in a 24-foot front yard setback. For the following reasons: 1. The general intent of setbacks is to provide separation between adjacent structures and streets within the neighborhood. This is to provide an open view perspective within the neighborhood among other things. The proposed structure actually sits well beyond the recognized 30-foot setback from West 39"' Avenue, therefore this structure will appear to the neighborhood as well set back from average. Lamar Street extending only some 30 feet south from its intersection with West 39n' creates an anomalous and technical basis for setback measurement. 2. The average front yard setback in the neighborhood is approximately 24 feet. If this 6-foot variance from the standard is applied there will be no tangible visual difference from the requested 6 feet, therefore it would seem to be a practical and non-detrimental plan and variance. 3. The lot size far exceeds the minimum lot size requirement of 5,000 square feet in the R-1C zone district. 4. The request would mostly likely not have an effect on property values in the neighborhood. The motion passed 7-1 with Board Member HOWARD voting no. Chair MONTOYA advised the applicant that part A of his variance request had been approved. Upon a motion by Board Member HOVLAND and second by Board Member DRDA the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment Page 4 09/26/02 Whereas, Board of Adjustment Application Case No. WA-02-08(B) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were protests registered against a portion of this application; 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- 02-08(B) be, and hereby is, APPROVED. Type of Variance: A request for a 6-foot variance from the required 30-foot setback from the intersection of two right-of-way lines of Lamar Street. For the following reasons: 1. Approval of this request would not alter the essential character of the locality in that at this location the home is approximately 60 feet back from 39th Avenue which is the apparent frontage. The motion passed 7-1 with Board Member HOWARD voting no. Chair MONTOYA advised the applicant that part B of his variance request had been approved. B. Case No. WA-02-09: An application filed by Connie Gibson for approval of (A) a 7 '/2-foot rear yard setback variance from the required 10-foot building setback for a deck or patio resulting in a 2 '/2-foot rear yard setback and (B) approval of a 9-foot 2-inch side yard setback variance from the required 10-foot building setback for a deck or patio resulting in a 10-inch side yard setback to allow for an existing deck and patio on property zoned Residential-One (R-1) and located at 3850 Urban Street. 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 and presented photos and site layout pertaining to the application. Variance criteria for both requests were reviewed. Staff recommended denial of the application as outlined in the staff report. Board of Adjustment 09/26/02 r a fifteen foot front yard setback from the required front yard setback, resulting in a fifteen foot front ;k. This request also includes a request for up to a back variance from the intersection of two right-of- Board of Adjustment 2002 Proposed House Location E W. 39th Avenue A J Allowable Building Area Proposed ' V Footprint W. 39th Avenue ❑ Request W- Request"B° northwest at the Lamar Street essential character of the locality? of property result in a unique p been created by anyone having in the property? of the variance detrimental to the nting of the variance result in benefit to neighborhood? V r.. PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT SEPTMBER 26, 2002 Case No. WA-02-08: An application filed by The Buckeye Group for approval of a 15 foot front yard setback variance from the required 30 foot front yard setback from dedicated right-of-way resulting in a 15 foot front yard setback. This would include a request for additional setback encroachment of up to 6 feet from the required 30 foot setback from the intersection of 2 right-of-way lines of Lamar Street for property zoned Residential-One C (R-1C) and located at 6390 West 391h Avenue. (Please print) Name Address In Favor/Opposed Ia v f ~S 3g~rS L( r St C) GS(_7l<7` Qooas~ L-A /SLAY V_ A_IMj l fir, ,Jo-5t- l La ~ loo L-a oia r r~ P42 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: September 26, 2002 DATE PREPARED: September 12, 2002 CASE NO. & NAME: WA-02-08/Buckeye Group CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of a 15-foot front yard setback variance, resulting in a 15-foot front yard setback. This request also includes an approval of up to a 6-foot variance from the required 30-foot setback from the intersection of two right-of-way lines. LOCATION OF REQUEST: 6930 W. 39"' Avenue NAME & ADDRESS OF APPLICANT (S): The Buckeye Group 2870 Juniper Drive Golden, CO 80401 NAME & ADDRESS OF OWNER (S): same APPOXIMATE AREA: PRESENT ZONING: 8,515 square feet (.195 Acres) R-1C (Residential One-C) PRESENT LAND USE: Vacant land SURROUNDING ZONING: N&E: Residential One-C; S&W: Restricted Commercial SURROUNDING LAND USE: N: Single-Family; S&E: Vacant land; W. Multi-Family DATE PUBLISHED: September 9, 2002 DATE POSTED: September 12, 2002 DATE LEGAL NOTICES SENT: September 9, 2002 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (X) EXHIBITS (J) OTHER JURISDICTION: 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 is located at 6390 W. 39`h Avenue Avenue, and is currently a vacant lot. The property is zoned Residential One-C (Exhibit 1, Zoning Map). The applicant (owner), The Buckeye Group (Exhibit 2, Deed), is requesting two separate variances: variance "A" is a request for approval of a 15-foot front yard setback variance. Variance "B" is a request for a 6-foot variance from the required thirty-foot setback required from the intersection of right-of-way. (Exhibit 3, Application and Exhibit 4, Applicant Request). Each request will require a separate motion. H. SITE PLAN The applicant has submitted a copy of the subdivision plat that depicts the proposed layout of the house (Exhibit 5, Site Plan). Variance "A" would be a request for a 15-foot front yard setback from the required 30-foot setback to the south of Lamar Street. The area requested for variance "A" is depicted in yellow on Staff exhibit 6 (Exhibit 6, Staff Site Plan). Variance "B" is a 6-foot variance from the required 30-foot setback from the southeast corner of the Lamar Street right- of-way. Pursuant to Section 26-208 of the Code of Laws, structures must be set back 30 feet from any dedicated right-of-way. Request "B" is shown on the Staff site plan (Exhibit 6) in red. The applicant has also submitted elevations and floor plan of the proposed house (Exhibit 7, Elevations). III. VARIANCE CRITERIA Since the requests are similar, both request "A" and "B" are addressed with the following criteria. However, each request will require separate discussion and a separate motion. 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 requests are denied, the property may still receive a reasonable return in use. The property may still be developed with a single-family home, albeit with a smaller proposed structure and/or reduced rear yard size. 2. If the variance were granted, would it alter the essential character of the locality? The granting of these requests could potentially impact the essential character of the locality. The average setback for structures in this neighborhood is 24.06 feet. There are a few structures that do not meet the 30-foot setback, most notably the property on the corner of Kendall and 39 h Avenue. However most structures have a front yard setback of at least 25 feet. It should be noted that if the structure were to meet the required thirty-foot front yard setback, the house would sit back 79 feet from West 391h Avenue. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The lot does have a unique shape. Due to the dead end right-of-way of Lamar Street, a vast majority of the front yard is subject to the thirty-foot setback provision as specified in Chapter 26. The Public Works Department has indicated that there are no plans to vacate any part of the dead end of Lamar Street at this time. The lot is relatively flat, and at 8,500 square feet in size, far exceeds the minimum lot size requirement of 5,000 square feet in the R-IC zone district. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant, who has sole interest in the property, has created a self-imposed hardship by choosing a pre-designed home to fit onto this lot. The applicant was involved with the minor subdivision that was processed in May of this year. The applicant decided where to create the lot divisions, and was aware of the setback requirements. Even though the lot does have a unique shape, a more modest home could be accommodated on this lot. 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 requests would not be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of this waiver. The requests would not increase congestion in the streets, nor would it increase the danger of fire. The requests would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The requests would not contribute to the neighborhood or community in any positive fashion, and would merely be a convenience for the property owners. The requests would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above requests, staff concludes that the above criteria are not supportive of the variance requests. 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. Approval of the requests could potentially alter the essential character of the locality. 2. A person having sole interest in the property has created the hardship. 3. There may be other alternatives for developing this lot accomplished by either a reduced structure size or alternative placement of the structure, or a combination of both. EXHIBIT 1 NW24 ej <I(~7 NI 11 1, e 91 '31 ml al al al „1.1 ~ $7 ~ 8 I ~ ' el '~I ul & N-C.~i R_C m wu `s m N W N q 99is aos OFFICIAL ZONING MAP WHEAT RIDGE COLORADO el ml 91 I ml al ml 31 ~J PARCELILOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 24 0 100 200 i00 900 Feet as ax av az A LN W <91 m 3& 39 qA S Y 3A r DEPARTMENT OF MAP ADOPTED: June 15, 1994 o..°p PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 NW25 Q 40 a CD 0 v? J e~ o nl L: O q O LJz OiJ=3 [a.O D Anu G QGZ LO Caa to ~ -`itiOet I •4°~OJ r` N 0 M c;o+v c zr~h~ I. c vo `n:t:'. L L! W~ c ` - W N ~N 7 x r• ~ N m O O N N 3 - h Ip 9z 3 S 1 Z c tt a W? w ~ ~ ~ w I~ ~ tp L F Z c '7 f"' -o Cr ° ro vs oU 3oro F A Q v R p F .O 040=>4 j •~~F >>^U tOi,= a..r ,u NO W 60 Q q in$E;°o4y o ~~•o d F Pa S J) r-a N ~ oxi~d *K""r o aE- d R ~ >'O V ~'ND ° y ~ OCO 7 .y -O a° ° 'z1 F w m N 3 x '4 U ~i r 3~ y 1.1 ti S1+ C v V: R U d o~ C) ~yNn C> tL. 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Q y K ~ ~ ~ , , u --5 20 -u ID m ix v °OOIt~~~ ~2 3u w :n y T X H .7 p~ . 0- oz t6 G iI': tJ F a. i.. O O n ^ 10 C Cl: d LL. U LL ~ D Z r Ai1 ~ Qi C^ , .1. O ~ Q N ~ V Y 'V y~y O 'vi R m T y M < O w o y F J n L4 O I as a c - N z E 6:z u oz zz H P4 h W O F Z Q ,7 O ~ a. 0 m y ~ y ~--I O o b c°v o N ap ~7 10_ O ~ U ~ ~ R3 m T w n F R ~ 02 ~ b6 C. L s s~~ y y O d ~ N C O U T 7 7 i'L.HNINIIVU 6 riJJ rCLX•JVJZJQZODI Hug Zv ZLVZ w•,Jq r.~,, LAND USE CASE PROCESSING APPLICATION WHrAI', Planning and Development Department ~ H i i T7503t 29m Avenue, Wheat Ridge, CO 80033 Phone (303) 235.2846 (Please print or type all information) ~h- _ i Applicant u 1.5 h-e6 e ~ Address Phone State Fax to p L1.1i Ownervgrv o try 13u~ke Address 2-270 ~ut taa.r ~rtVL Phon b 273, i City Al _ State GDrm~o ~04ol Fa 3D 13 54b Contact ~1 ^ Hu 1 s Address Phone City - State Zip _ Fax 'The person listed as Contact. will be contac[ed to answer questions regarding this application, provide additional information when necessary, post public hmgRg signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): ~3_-) 061 3"f ye. cg 8L)49P I . Type of action requested (check one or more of the actions listed below which pertain to your request.) Application su8mfdal requirements on reverse side C Change of zone or zone conditions ❑ Special Use Permit 0 Consolidation Plat ❑ Subdivision: Minor (5 lots or less) t:J Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots) C Interpretation of Code ❑ Preliminary C Final C Lot Line Adjustment O Right of Way Vacation iJ Plarmed Building Group G Temporary Use, Building, Sign C Site Development Plan approval ;<Variance/Waiver (.from Section 21.-Z613 ) El Zoning Ordinance Amendment CI Other: _ ]y t Detailed description of re uesf s,e a:t l +~C_w~ : }Z a t/yrr r,ce aT }~E ro ar Se,+6 '::.k 13 l e-5 5 36' P_-ft.,r Scutt, e. ,S tE2 WI, ~ ~~~f_ Lw s~t~ iZe 4sl_, a5t~b lc S~ t.s~~ra--d_TTtS 6L :T5 t Required inforination Assessors Parcel Number: 0 03 2.41dM4 Size of Lot (acres or square footage):_3 5115 5 I _ Current Zoning: - Proposed Current Use:-~(~G~N~_~E516~ntTiRt_ Lli'~ Proposed Use:_StaGrtE FAMIta' II~EN(~~ T. Q.mfy that the i.aforrnation and cxribits herewith mtbmltteta are true etxl correct to the best of my knowledge and that in filing this appication., I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action :armor lawfully be accomplished. Applic is odter than owners must submit power-of-attorney from the owner which approved of this action on his-hFQ'rlf. 01 trl, o. HIV. S ~ Sigma L fiA r1 S" abed and sworn to me this ~~day of .2002. °O Notary Public nu nCtaMy commission expires `f -y - 0& Date received T a{o 0 2 Fee $ a%U "Receipt No.12/Q60 Case Comp Plan Desi _ - Zoning E?-/G Quarter Section Map Seta Related Case No. pre-App Mtg. Date Case Manager 9J11~ 08/26/2002 11:09 3037587381 THE BUCKEYE GROUP PAGE 01 EXHIBIT 4 Date: August 23, 2002 Variance request for: 6390 West 39# Avenue Wheat Ridge, Colorado 80033 This variance request is for the variance from the 30 foot front yard setback off of the south side of the dead-end of the Lamar Street ROW. As shown on the attached site plan, 6390 W. 390i Ave. is an L-shaped lot. Lamar Street dead-ends into the property. Because of the unusual shape of the lot and the existing front yard setback requirements, it is very difficult to site the desired/proposed one-story ranch home on the lot without reducing the backyard to an overly shallow yard area. • The lot size is 8515 sq.ft. • The proposed ranch home is 1761 sq.ft. on one-level with a basement. If the variance for a 15' front-yard setback (off of the south side of Lamar) is granted, 2 off-street parking spaces (in addition to 3 covered parking spaces in the garage) will still be provided. A more usable backyard (25' x 80' instead of 10' x 80') will result as well. An improved streetscape will result from moving the house forward on the lot. The house will appear more consistently sited with the surrounding homes (i.e less removed from the street). EXHIBIT 5 _ S 8945550" E 2549.72' NORTH LI :ON 24. I I RANGE BOX 1 LS 13212" DAVID SUBDIVISON W I NOSED I5~ Ft.(T-C,P 13 ix Se aCK o ' of l r' t- (A?~ S`MEE`r 12 I-- I -7-0 -rra a 39TH AVENUE I < SIDEWALK EASEMENT J ( SEE NOTE NO. 4. ° dd a~ m. $ 1 W 11Q.'.1 ZONED R1-C z zp N H ZONE! 3°ro (/1 -EXHIBIT 7 DEPTH - 42'-8" MAIN KL0QR PLAN ~4w' l le b Triple Tandem Gary 0 This plan features: - Three bedrooms - Two full baths ■ A large Foyer leads to the t and spacious Living Room ■ The open Kitchen has a cei work island 0 The handy Laundry Room Pantry and Garage access ■ The Master Suite has a bay window in the Sitting Area French doors and a private Master Bath 0 A triple tandem garage wid space for a third car, boat c extra space MAIN FLOOR - 1,761 sQ. Fr. BASEMENT - 1,761 sQ. Fr. GARAGE - 658 sQ. Fr. TOTAL LIVING AREA: 1, 761 SQ. FT. 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M 2m N M l0 m M i0 'Ul C C y N o M N ' 3 3 F J 3 3 3 3 c d a N O m a N ~U o LLX y E W m ❑ ❑ ❑ ❑ z ~n cu m M u~ v ~n m m m ~n r m m m m m y r m n m n m n m r m r m r m r m r m LU O ~K Q m co 13 m rn m rn m rn a °m °m °m °rn rn °m °m rn m V z M° M° m M° M° m M° m m F- Q Z o o ` o o o z = z Q W O n n r n n n i i ; 93 Q Z a W O Z U t~ ~ a ~I 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 September 12, 2002 Dear Property Owner: This is to inform you of Case No. WA-02-08 which is a request for approval of a 15 foot front yard setback variance from the required 30 foot front yard setback from dedicated right-of-way resulting in a 15 foot front yard setback. This would include a request for additional setback encroachment of up to 6 feet from the required 30 foot setback from the intersection of 2 right- of-way lines of Lamar Street for property zoned Residential-One C (R-1 C) and located at 6390 West 39'' Avenue. The case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on September 26, 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 Settings\kathyWy Documents\Kathy\BOA\pubnotice\2002\wa0208.wpd 6 ~11 -`lam V4 -C) ~-oP * • MetroScan / Jefferson (CO) cy / Owner :City Of Wheat Ridge Parcel :024272 Site :6465 W 38Th Ave Whe Ridge 80033 Xfered :06/27/1991 Mail :7500 W 29Th Ave nver Cc 80033 Price Use :5112 Res, "par ent s,Improved Land Phone Bedrm: Bath: TotRm:l YB:1962 Pool: B1d gSF:22,491 Ac:.91 • MetroScan / Jefferson (CO) Owner :Di Manna Vincent G Parcel :024538 Site :3920 Lamar St Wheat Ridge 80033 Xfered Mail :3920 Lamar St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone :303-422-4602 Bedrm: 3 Bath:1.75 TotRm: YB:1953 Pool: B1d gSF:1,574 Ac: • MetroScan / Jefferson (CO) • Owner :Larson Eric A Parcel :024677 Site :3900 Lamar St Wheat Ridge 80033 Xfered :10/01/1997 Mail :3900 Lamar St Wheat Ridge Co 80033 Price :$165,000 Full Use :1112 Res,Improved Land Phone :303-420-5862 Bedrm: 5 Bath:1.75 TotRm: YB:1955 Pool: B1d gSF:1,428 Ac: MetroScan / Jefferson (CO) • Owner :Buckeye Group Llc The Parcel :024795 Site :6455 W 38Th Ave Wheat Ridge 80033 Xfered :01/25/2001 Mail :2870 Juniper Dr Golden Cc 80401 Price :$265,000 Full Use :1112 Res,Improve'd Land Phone Bedrm: Bath:1.75 TotRm: YB:1917 Pool: B1d gSF:1,589 Ac:1.36 MetroScan / Jefferson (CO) • Owner :Lockwood Family Ents Llc Parcel :025305 Site :3905 Kendall St Wheat Ridge 80033 Xfered :12/10/1998 Mail :34017 Cactus Dr Evergreen Co 80439 Price Use :5112 Res,Apartr[lents,Improved Land Phone Bedrm: Bath: TotRm:7 YB:1951 Pool: B1d gSF:12,488 Ac:1.08 MetroScan / Jefferson (CO) • Owner :Johnson James R Parcel :025373 Site :3845 Kendall St Wheat Ridge 80033 Xfered :10/15/1971 Mail :3845 Kendall St Wheat Ridge Co 80033 Price :$21,000 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1951 Pool: B1d gSF:1,357 Ac:.17 * • MetroScan / Jefferson (CO) • Owner :Maske Larry D Parcel :025443 Site :3855 Kendall St Wheat Ridge 80033 Xfered Mail :3855 Kendall St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1951 Pool: B1d gSF:1,202 Ac:.15 * • MetroScan / Jefferson (CO) • Owner :Jasso Lupe Parcel :025580 Site :3835 Kendall St Wheat Ridge 80033 Xfered :06/15/1995 Mail :3835 Kendall St Wheat Ridge Co 80033 Price :$88,900 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1951 Pool: B1d gSF:928 Ac:.14 * • MetroScan Jefferson (CO) • Owner :Shell Mary M Trust Parcel :026292 Site :3885 Lamar St Wheat Ridge 80033 Xfered :10/04/2001 Mail :3885 Lamar St Wheat Ridge Co 80033 Price Use :1112 Res,Imprcved Land Phone Bedrm: . Bath:1.50 TotRm: YB:1956 Pool: B1d gSF:1,729 Ac:.19 • MetroScan / Jefferson (CO) • Owner :Wells Kay Parcel :026657 Site :3895 Lamar St Wheat Ridge 80033 Xfered :04/11/2002 Mail :3895 Lamar St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.50 TotRm: YB:1954 Pool: B1d gSF:1,568 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. 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 September 26, 2002, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29 h 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-02-08: An application filed by The Buckeye Group for approval of a 15 foot front yard setback variance from the required 30 foot front yard setback from dedicated right-of-way resulting in a 15 foot front yard setback. This would include a request for additional setback encroachment of up to 6 feet from the required 30 foot setback from the intersection of 2 right-of-way lines of Lamar Street for property zoned Residential-One C (R-1C) and located at 6390 West 391i Avenue. Case No. WA-02-09: An application filed by Connie Gibson for approval of a 7 '/2 foot rear yard setback variance from the required 10 foot building setback for a deck or patio resulting in a 2 % foot rear yard setback and approval of a 9 foot 2 inch side yard setback variance from the required 10 foot building setback for a deck or patio resulting in a 10 inch side yard setback to allow for an existing deck and patio on property zoned Residential-One (R-1) and located at 3850 Urban Street. Case No. WA-02-10: An application filed by John Daus for approval of a 10 foot side yard setback variance from the required 15 foot side yard setback resulting in a 5 foot side yard setback and approval of a 1 foot front yard setback variance from the required 30 foot front yard setback resulting in a 29 foot front yard setback for the purpose of adding two additional dwelling units to an existing single-family residential structure on property zoned Residential-Three (R-3) and located at 5831 West 29th Avenue. Case No. WA-02-11: An application filed by Kimary Marchese for approval of a variance to the fence height standard in a minimum front yard from 48 inches to 6 feet on property zoned Commercial-One (C-1) and located at 10400 West 38th Avenue. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: September 12, 2002 rLHINNIMU ~5, r11J rdX•JUJZJQZOD( Huj Zu zuuz lu-uq r.V LAND USE CASE PROCESSING APPLICATION \ Planning and Development Department t 7500 West 29' Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 \ot oeao~ (Please print or type all information -f- q~ 1_ criz~. a~.c.~er~ ar~ze~ S,r=jr~tuL) Applicant~l!^, I t~• t ,~6 $ ~5(Ig C i,'e3 ddress ✓ Phone City State zip _ f i 4-r7 f LLt. yj;e, L.•( ,Jv,,e55 I- 1l't G'r' !311b, 3Owner evw54-tie eo e- 112, 2?!7 e ~ • e3y3 767--65,47 City tDer ~et~ ( State Ca Zip___jpZiD Fax _ I Contact-71i htl-G} ihS~_~_ Address Phone City- JJ State Zip Fax_ j ;The pcrwr. listed as contact. will be contacted to answer questions regarding this application, provide additional information when necessary: post pudic hearing signs, and will roccive /a copy/off the staff report prior to Public Hearing.) location of request (address): lv_ " Y f~J J Jam- _k~ Kr e~ cz_8M3 Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submlrial requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) C-3 Flood Plain Special Exception ❑ Subdivision: Major (Vlore than 5 lots) ❑ Interpretation of Code ❑ Preliminary C Final ❑ Lot Line Adjustment D Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval XVariance/Waiver (from Section. ❑ Zoning Ordinance Amendment C Other: Deta!ied description of request: Required information: Assessors Parcel 'Ntumber. Size of Lot (acres or square footage): - - - Current Zoning:- Proposed Zoning: _ - Current Use: ~ Proposed Use: ~ I Terrify that thv information mid cxhlblts hcrcwith submtnea are true and correct to the best of my knowledge and that in filing this app ication, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action carwot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of tb.is action on his behalf nn ~ Signatare of Applicant--LL1. t y/' Subscribed and sworn to me this day of Notary P Iic MY mission expires Date received Fee $ Receipt No. Case No. C.1mp Plan DesiR. _ T~ Zoning Quarter Scctioo Maa Related Case No. Prc-App Mtg. Date Case Manager_,_ - . Case No.: A0208. Quarter Section Map N App: Last Name: avness, Leslie Related Cases: App: First N ame: Huggins, Jim Case Histor y: Owns r: Last Name: I The Buckeye Group Owner: First Nam e: c/o Jim Huggins App Addre ss: I - Review Body: City, State Z ip: ~ App: Pho ne: APN: Owner Address: 273 S. Fillmore St. 2nd Revie w Body: City/St ate/Zip: Denver, CO 80210 2nd Review Date Owner Phone: 303-757-6647 Decision-making Body Project Address: 6390 Approval/Denial Date: Street Name West 39th Avenue City/State, Zip: Wheat Ridge, CO 80033 Reso/Ordinance No.: Case Disposition: I Project Planner: Crane. File Lo cation: ctive Notes: Follow- Up: o.: _W24 M90202 8 q02 01~? 15 ft front yard setback ariance from the required 130 ft front yard setback resulting ina 15 ft front BOA - 9126102 I_ BOA - 9/26/02 Conditions of Approval: District: II__... Date Rec eived: /2612002... Pre-App Date: F_ CITY OF WHEAT RIDGE 08126102 12.14 PM cdb 7in1 Huggins RECEIPT NO.CO13660 AMOUNT FMSD ZONING APPLICATION F 200.00 zone FMSD ZONING REIMBURSEMENT 90.00 zreim PAYMENT RECEIVED AMOUNT CK 3774 290.00 TOTAL 290.00