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WA-02-10
7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 October 3, 2002 John Daus 5831 W. 29" Ave. Wheat Ridge, CO 80214 Dear Mr. Daus: RE: Case No. WA-02-10 Please be advised that at its meeting on September 26, 2002, the Board of Adjustment DENIED your request for a 10 foot side yard setback variance from the required 15 foot side yard setback resulting in a 5 foot side yard setback but APPROVED your request for 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 W. 29' Avenue. Enclosed are copies of the Certificate of Resolutions, 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 Fie d Administrative Assistant Enclosures: Certificate of Resolutions Draft of Minutes cc: WA-02-10 (case file) Building File Q\Documents and Settings\kathyf\My Documents\Kathy\BOA\CORRESP\2002\wa0210denial.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 26th day of September, 2002. CASE NO. WA-02-10(A) APPLICANT'S NAME: John Daus LOCATION: 5831 West 29th Avenue 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-02-10(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 that a protest was registered against it; and WHEREAS, the relief applied for MAY be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-02-10(A) be, and hereby is, DENIED. TYPE OF VARIANCE: Request 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. FOR THE FOLLOW- G REASONS: 1. The variance could alter the character of the locality. 2. The request does not constitute a unique situation for the property. 3. The hardship has been created solely by the applicant. 4. The request could increase congestion to public streets and possibly endanger public safety. 5. The requested variance would result in benefit solely to the applicant and would not contribute to the neighborhood or the community. 6. There is no unique situation attributed to this request. Board of Adjustment Resolution WA-02-10(A) Page two (2) VOTE: YES: ABBOTT, DRDA, ECHELMEYER, HOVLAND, YOUNG NO: BLAHi, HOWARD, MONTOYA DISPOSTTION: A request 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 was DENIED. ADOPTED and made effective this 2bt day of Sentember. 2002. I JE N OYA, Cha rm n 0 ard ment L 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 September, 2002. CASE NO. WA-02-10(B) APPLICANT'S NAME: John Daus LOCATION: 5831 West 29th Avenue Upon a motion by Board Member DRDA 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-02-10(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 that a protest was registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-02-10(B) be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a i-foot front yard setback variance from the required 30-foot front yard setback resulting in a 29-foot front yard setback. FOR THE FOLLOWING REASONS: 1. This request may not be detrimental to the public welfare. VOTE: YES: ABBOTT, BLAIR, DRDA, HOVLAND, HOWARD, MONTOYA, YOUNG NO: ECHELMEYER DISPOSITION: A request for 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 was APPROVED. Board of Adjustment Resolution WA-02-10(B) Page two (2) ADOPTED and made effective this 26a` day of September, 2002. a?' Ann Lazzeri, Secretary Board of Adjustment In response to a question from the Board, Mr. Crane stated that it was acceptable to deny both portions of the variance request under one motion. The motion passed 8-0. Chair MONTOYA advised the applicant that the request for a variance had been denied. The applicant inquired about an appeal process. Chair MONTOYA advised the applicant that an appeal may be made through district court within 30 days. Travis Crane advised the applicant that he would send a letter to the applicant explaining the appeal process. C. Case No. WA-02-10: An application filed by John Daus for approval of (A) 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 (B) 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. 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. Variance criteria for both requests were reviewed. Staff recommended denial of the application as outlined in the staff report. He entered a letter of opposition into the record which was received the morning of the hearing from a resident at 2885 Gray Street. Board Member DRDA expressed concern that ingress/egress for two additional dwelling units could add to traffic congestion on 29th. John Daus 58331 West 29th Avenue Mr. Daus, the applicant, was sworn in by Chair MONTOYA. He referred to the staff report that said the rear easement was granted to him by the Denver Water Board. He explained that he granted the easement to the Denver Water Board. This ten-foot easement is actually a hill and is unusable and he asked that this be taken into consideration. He questioned the request for four (instead of two) parking spaces for the existing home. He understood that there would only be a necessity for six parking spaces and four required spaces for the house would bring the total to eight. He noted that there are other multi-family units in the neighborhood and there is only one home that was built in 1909. He stated that his plans are in keeping with the character of the neighborhood. He is requesting the additional ten feet on the side yard to build a third garage so there would be a garage for each unit. Board of Adjustment Page 8 09/26/02 A copy of the letter of opposition which was earlier entered into the record was given to Mr. Daus for his review. Mr. Daus disagreed with the statement in the letter that there was not enough room for his proposed additions. Board Member HOVLAND expressed concern about ingress/egress from the garages proposed to face 29 h Avenue. Board Member YOUNG asked if Mr. Daus had considered changing the plan to build the garages to face the east. Mr. Daus explained that he wanted to keep the side yard for landscaping. Chair MONTOYA asked if there were anyone present who wished to address this matter. There was no response. 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-02-10(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 a protest was registered against it; Whereas, the relief applied for MAY be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 02-10(A) be, and hereby is, DENIED. Type of v ariance: Request for approval of a i0-foot side yard setback variance from the required 15-foot side yard setback resulting in a 5-foot side yard setback. For the following reasons: 1. The variance could alter the character of the locality. 2. The request does not constitute a unique situation for the property. 3. The hardship has been created solely by the applicant. 4. The request could increase congestion to public streets and possibly endanger public safety. 5. The requested variance would result in benefit solely to the applicant and would not contribute to the neighborhood or the community. 6. There is no unique situation attributed to this request. Board of Adjustment Page 9 09/26/02 Board Member YOUNG asked for clarification of the motion where Board Member DRDA stated that "relief applied for may be granted..." Board Member DRDA explained that he did not say it could be granted without detriment to the public welfare. Board Member HOWARD commented that there is a unique situation with the Denver Water Board reservoir adjacent to the property. This is a situation that will never change. Chair MONTOYA and Board Member BLAIR agreed with Board Member HOWARD's comments. Board Member ABBOTT commented that, although there is a reservoir adjacent to the property, other negative criteria do apply in this case. The motion for denial was approved 5-3 with Board Members MONTOYA, BLAIR and HOWARD voting no. Chair MONTOYA advised the applicant that part A of his variance had been denied. Upon a motion by Board Member DRDA 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-02-10(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 a protest was registered against it; Whereas, the relief applied for MAY be granted without detriment to the public welfare. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 02-10(B) be, and hereby is, APPROVED. Type of Variance: Request for 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 following reasons: 1. This request may not be detrimental to the public welfare. Board of Adjustment Page 10 09/26/02 The motion passed by a vote of 7-1 with Board Member ECHELMEYER voting no. L Chair MONTOYA advised the applicant that part B of his variance request was approved. D. Case No. WA-02-11: An application filed by Kimery Marchese for approval of a variance to the fence height standard in a front yard from 48 inches to 6 feet on property zoned Commercial-One (C-1) and located at 10400 West 38ti Avenue. This case was presented 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. Variance criteria was reviewed. Staff recommended approval of the application as outlined in the staff report. Kimary Marchese 10400 West 38th Avenue Ms. Marchese, the applicant, was sworn in by Chair MONTOYA. She stated that she is requesting the fence variance as a sound barrier from West 38th Avenue. She submitted a letter from Claudia'Worth of the Wheat Ridge Historical Society indicating support of the. applicant's project. She plans to live in the main structure and maintain a guest house for missionaries in the other structure. The grounds will also be available to use for group meetings, retreats, etc. In response to questions from the Board, the applicant explained that the proposed fence would be a solid picket type fence. Chair MONTOYA asked if there were anyone present to address the matter. There was no response. Upon a motion by Board Member ABBOTT and second by Board Member TT T1T n T\ L_ ll__.•in O Y LE♦I~T NqD, the followg resolution was stated : Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-02-11 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; 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. Board of Adjustment Page 11 09/26/02 CA w O N ~ ~ o N ~ ~ W - Pt pt CD O C D CD CD fD N ~ O n ~ • CD P7' CD N O C-D ¢ ~ CIQ ~ N O o C o x ~3 fD C-D `C UQ p ' CD P7' CD ~ n ~ n Uq P7 CD CD N O d 0 01 ~z O O n fD 125 v ?_~z TJ lo'-- a.i Z GRAVEL 4Rr ,L wntaK A as r FN11a 125'. 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O-W QW Evi 01 01 J C n r ~U - 1 vg _ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: September 26, 2002 DATE PREPARED: September 19, 2002 CASE NO. & NAME: WA-02-10 CASE MANAGER: Michael Pesicka ACTION REQUESTED: Request 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). LOCATION OF REQUEST: 5831 W. 291 Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): John Daus 5831 W. 29' Avenue Wheat Ridge, CO 80033 Same as above APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: 12,500 Square feet Residential-Three (R-3) Single Family Residence N: R-1, S: R-1C, E: R-1 & W, R-3 N & E: Ashland Resevoir, S: low-density residential; W: medium-to high-density residential. DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: September 12, 2002 September 12, 2002 September 12, 2002 ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) (X) ZONING ORDINANCE ( ) ( ) SUBDIVISION REGULATIONS (X) ( ) OTHER CASE FILE & PACKET MATERIALS SLIDES EXHIBITS 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 5831 West 29' Avenue and is currently being used as a single- family residence. The property is zoned R-3, Residential-Three. (Exhibit L, Zoning Map). The applicant (owner) has 2 variance requests. The two variance requests will be known as Request A and Request B. Request A is a 10 foot side yard setback variance from the required 15 foot side setback requirement resulting in a 5 foot side yard setback. Request B is a 1 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 29 foot front yard setback (Exhibtt Apphcahon and ExhiJiit 3, Deem)'; The purpose of the variance request is to allow for the construction of a 2-unit addition. II. SITE PLAN The applicant has submitted a site plan showing the proposed location for the 2-unit addition (Exhibit 4, Site•1?lan, Exlibrf 5, Apphcantl titter, Exlulitt Applicant Ptctures). A 15' access easement runs along the north and east property lines, which was granted to the applicant by the Denver Water Department. An existing shed and detached garage already exist in the easement, but they are allowed per survey documentation (Exhibif7, Survey). The requested variance would allow for the construction of a the addition in the side yard. The addition could be built on the west side of the property but would still require a variance. Currently the applicant uses the easement to gain access to the detached garage, which will be rendered inaccessible by automobile with the new addition. A total of 8 parking spaces will be required for the existing house and new addition. Off-street parking is limited at the site and there is no curb and gutter in place at this time. The building department will require a minimum 6 foot separation between the new addition and the old detached garage. There are no unique circumstances attributed to this property. At approximately 12,500 square feet, the parcel meets the minimum lot are requirements for a multi-family building in the R-3 zone district. The property has a lot width of 100 feet, which meets the minimum lot width requirement for a multi-family building in the R-3 zone district. Pursuant to the R-3 regulations and based on the property size and width, the attached dwelling units are allowed on the property. III. VARIANCE CRITERIA Request A Request A is a 10 foot side yard setback variance from the required 15 foot side setback requirement resulting in a 5 foot side yard setback. The purpose of the variance request is to allow for the construction of a two-unit addition. 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 a single-family home 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? The variance could alter the character of the locality. All surrounding land uses are single- family residential uses. The proposed tri-plex would not be in character with the surrounding neighborhood. The properties to the west are zoned R-3, but single-family homes occupy the lots and these homes that were built in 1909 still retain much of their original character. The proposed tri-plex would significantly alter the character of the neighborhood. 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 lot is rectangular in shape and is relatively flat. The property does abut Ashland Reservoir on the north and east, but this does not create a unique situation for the property. 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. 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 may be detrimental to the public welfare or injurious to other properties in the neighborhood. The request would not impair the adequate supply of light and air to adjacent properties or increase congestion in public streets. It will not increase the danger of fire or endanger public safety. There could be a detrimental effect on property values in the area. 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 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 of variance Request A for the following reasons. 1. The requested variance could possibly alter the essential character of the neighborhood. 2. The hardship has been created solely by the applicant. 3. The requested variance will not result in the reasonable accommodation of a person with disabilities. 4. There is no unique situation attributed to this request. V. VARIANCE CRITERIA Request B Request B is a 1 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 29 foot front yard setback. The purpose of the variance request is to allow for the construction of a 2-unit addition. Staff has the following comments regarding the criteria used to evaluate a variance 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 a single-family residence and this use may continue on the property. 2. If the variation were granted, would it alter the essential character of the locality? The variance could alter the essential character of the locality. The surrounding land uses are single-family residences to the west and south, and all the surrounding structures were built in 1909 and still retain their original character. Granting the variance request would create a structure that is not in character with the surrounding neighborhood. 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 lot is rectangular in shape and is relatively flat. The property does abut Ashland Reservoir on the north and east, but this does not create a unique situation for the property. 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. 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 may be detrimental to the public welfare or injurious to other properties in the neighborhood. The request would not impair the adequate supply of light and air to adjacent properties, or increase congestion in public streets. It will not increase the danger of fire or endanger public safety. There could be a detrimental 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 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. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the above criteria are not supportive of the variance request. Therefore, staff recommends DENIAL of variance Request B for the following reasons. 1. The requested variance could possibly alter the essential character of the neighborhood. 2. The hardship has been created solely by the applicant. 3. The requested variance will not result in the reasonable accommodation of a person with disabilities. 4. There is not a unique situation attributed to this request EXHIBIT NE 25 ~J I I la I I ml 1 '"I al ul ^I el al al 1 al ~n a 1 I '"UIyJ LJ L'sJ L^_l UJ ^ R 3 31% •N95 ,g, 3195 , - 0 3158 3177 31W 31T MIS 3113 31W 3185 3182 a Z 3191 ^ 3 MIS 31% 31. 317, In 3153 $19 3,x ]1]0 3115 3170 lv J 185 1<0 1 0.5 319 319 Ill a SIS. 31M 118 ],m 31 121 ,R 3165 J130 LL 31m 31 m 31 25 31m 3111 Ill r , 3130 3119 31 105 JJ1y 3110 Z 31W 8 3101 3118 L 3101 1- Ill. 31 % 3102 3101 31% z W 31W 3%5 3101 31W 3]9i 31W 3101 mm L9 1iW5 m)B 30m 3]1] MIS M. mT F " ]%9 3015 MIS ISM 3WI 319 3]5] R 3 3J3, 3022 3025 J0.9 3W9 MIS 3W3 3W8 ST! 30,3 - 3015 Tx m 30m 3W5 %10 m3] 3%4 3JI9 965 SM1 , 3W3 3002 R-3 3W1 3W2 3CIX1 350 3M1, a18 m5 m9 q45 mG 2W5 x0.5 MIS x8] rv - - x13 xa1 mW 2943 m01 I'1V/ S R -3 mn 2W5 xn mb xis me xm IS, an 1 ASHLAND KE5ERV01 R 2n5 i933 x9 xm xm x334 2933 mt y ~j xm x17 Ex R-1 3A xx mx m21 3 mm xn mx o ma a x21 ~ xa ' xts O xa U xm xzi W ISIS mm xa x10 {BI mIB x' V mli m18 mli ISIS xI? x10 x19 m,S 13 ISIS x15 Z14 Z13 M. x15 2914 m13 1914 13 xW m14 Z9x x10 mm m„ ISIS mn mt0 x916 3 xW x% .3 Y9 mW 9 x% x% mW C N ~ R z%, xB, 1 xW 1 sm x3, , M 1 mss 2WJ ISIS 5i00 X10 N ISIS G1 w 295 INS m9 =7 m9 m9 F x 2691 R-3 -7. MST INS mm zms mee -ml t- 0 09 mm may 12 2545 mas mw m47 xT W m51 m50 mm t rv m5 ISIS ma3 mt ~J z5v ms0 z6v ~25i1 2850 m15 u1 u z5w ISIS z5m ISIS m tea ISIS mm m U) 25ti 2b0 ISIS ISIS m19 " m19 mit T 9 H mm 2]95 10 V ISIS ' m13 IF1 mt] _ rv u{ N n p Li mn x85 mW mW ISIS m]I za01 2m0 m]> , m0 U' m% ml0 zrrs SIlSS,ISM W 28]N AW R -3 29] ml W zms 2]9 g xa, 2]9S pp g a g p AV m0 DZ nas zm1 m s m95 mW R.3 _ _ ,s u 1 2 n9 RICHARD HART ms] -99 ESTATE PARK a l l R-3 R-11 mS , m39 ISIS 90 y, MIS m40 N m,aa xle mss M PHD EDGEWA iER m,2 3515 EPCEWA TER Su 0. WZAO-13 x IS 94 3 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO - PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SE 25 0 [CO ZCO iCO 9CO Put DEPARTMENT OF MAP ADOPTED: June 15, 1994 •aeeq LAND 11 CATION of w"Eqr U of PgOt~3"Ri WXtm3 Phone (303) 235-2846 U c o m CAL ORP~~ ~LORA~ L (Please print or type all information) rI Applicant h L2. J Q wS Address 3/ Phone p~12 city -t t I hor L r~i e State L'L7 Zip o2/ Fax 3O:ZY Owner Address Phone City State Zip Fax i Contact 0 /411!~ Address Phone CiTy State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) 1 Location of request (address): /ll v2 W/~2c~Yi9~ 4~ kdaJ 7 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 ❑ T porary Use, Building, Sign ❑ Site Development Plan approval ariance/Waiver (from Section ) ❑ Zoning Ordinance Amendment A el' Other: Detailed description of request: ~S e c le Ae✓ -~L am > y-e k a L/or cvn~e ~/orrl l S / w9(zvn r owoi_ yl~ aoai Required information:a-AdWe oai70 3 Assessors Parcel Number: 3% ZSy- 00 ODz/ Size of Lot (acres or square footage): O key Current Zoning: Proposed Zoning: Current Use: Proposed Use: I certify that the information and exhib' ith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the ent of those persons listed above, without whose consent the requested action cannot lawfully be accomplishe owners must submit power-of-attorney from the owner which approved of this action on his behalf. /Y Signature of Applicant G• . C Su~sci~e and sworn to me this day of 20 t A yr•,~UBL~.~ F~ eF COLON - ~}\S Not P c MY ftOWW My commission expires ° 51/ (e o 2- Fee $aM Receipt No. IS 7! Case No. A)'4-01;?-10 Date received Comp Plan Desig. Zoning P-3 Quarter Section Map SEd S Related Case No. Pre-App Mtg. Date Case Manager lie S i~ a t, Q ~a ti O a O F a W O J aQo O V, 00 W woo W co 00 C. N bnwa na w O maQws a x W K W ~ ( Y a c L [ 4 P m V v L .p Y VJ m ^ .v o . L L d 3 m w} C j C y 3 ~ q m b C m° a d d T m r7 . L do - Ya wm~dmC>W Lc o. [y Y « 0 Q d« m w o S m~ 0 . an d « d a d E a Y> c> a m L N W a O Y v H d w w : .1 2 p b O a C d d [/1 m C 0 ~ O L d II L N b N ¢ r m II Y O J W N m o m r N a N W _V • N d L d d d m C.C w Y O mm ° 0 a J . £ u C m C c7 Ta VLO w~b dw .5 - cF + m-- o o ow P,o L « « W v J 0 O U d CTN m - 'x . ` r W C d d T 0. L W d N u r.) 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N ¢ O c mddd C . - C Up c ^ L' -0 Wu b L -NN 6 J m av°c'O Wt 0c 3 5 M 5 N = mO U A O w O N 9 '0b 6Y N P m `0 ~ 3 0 -0 O om C as La T Y 9 . pO ' O J o dN ma [31 U~ 4 C 7 dd LCN O O ~ LNT y O 3 £ ~+d d d > > dCC Lv. mF Y • a'ZW ddmm W L N mL« «W F«v.-F L c~dc~n'l• w m OW " as am ~ d Fd 3 d Lz Y x `FO dt y.« O C~ i iF + 1F _ N C¢F v v«•~ M tL ~OWU O N W r~~•'~.O'r _ E m«m•+CUy II«d v L Y-• mV C.~L ~m4-Nd L~`• Nm- d N m LOL.C L Q fr H [/1 U E y N^ E~ LL" . LL y L O t-. • 30 Y a C E. 0 = l W U m m Y a D O d N m W am a wt S5 "Cj l >~...ev u-~wnnnn ~IM~e EXHIBIT 4 _ 1 11 ~ "s f ~ ~ ' e;. s w a 'j r r ~s a r w w y - r O M w b ei r Y i • i1~ M { F E N • 4 r/► 'V ~ i ~ ^ ~ i ; ~ ~ 0 . • ~ ~ b r m B rl q r f + ~t > ~r .Per • M. A Y11 a } ~J' 11 r ~ • i ~ ~ i H❑USE V~ I i 1 f. e~.w. it + ! ~ a r a ~ kV ♦ e r • sr f "ma r s .sere e c ~ ID fu G _ R S _ - .+r. ~ ~ - P❑RCH P❑RCH ~ 10 0' _T~ WEST ~~TH ~VE~ ~ WEST ~~T t t EXHIBIT b September 4, 2002 Dear Members of the Board of Adjustment We would like to build an addition on our existing home. The project will include a new master bedroom, 1 bathroom upstairs, family room, bath downstairs and basement under the bath. This will replace the existing bath and 3`d bedroom currently located on the rear of the house. The project will also include a 3-car garage and 3-4 apartments to the east of the existing structure. We are requesting a variance to change the existing setback on the eastern property line from fifteen to five feet. We believe this is a reasonable request for two reasons. The first reason is that there is no residence that borders our property to the east. The land is owned by Denver Waster and is used for access to the Ashland Reservoir property. The second reason is that Denver Water and the previous owner traded easements. Denver water has use of the northern most 15 feet of our property and we have use of 15 feet extending past the eastern border of our property. We believe by using the extra- 10 feet to the east for living space, we will be able to maintain a more practical and functional outdoor patio area behind the structure. Thank you for your consideration of this matter. Sincerely, Mr. And Mrs. John G. Darts ^V Y l co L o 0 U) r C a o Lu n ~ ov°mm z W r CO << O 0 LL O CL v a3 m 0 O ~ W Cdd G y d .U.. y C'O S m ~ 3 ¢ adi _0 a W m m` ~t. OY R y E m n a v E T y O u w N O a ~ m y cp_ w T N U O O ° c £ D d n c ~ m c E y N _ 3 N L 9 0 0 0 q C d y y a-'nm mayo 0 0 E m $ Eo U p U m V H° o y Eco~m on a°In~ T U N E n 6 E.E U p 9 J E O O C .0 mm ?8w m o 0. 0 E > O` m C U O U nc=c y,m0mN y C O O C'L' U~ l O G O U T Z 9 C N U P ai' y 9 U 0 9 m. L m N m O N C S ¢ w N c _i O E p cIca n d a m. 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(D 0 z z a LO g I E (s P : a ~ 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-02-10 which is a request 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 291h 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 SettingslathyflMy Documents\ Cathy\BOA\pubnotice\2002\wa0210.wpd MetroScan / Jefferson (CO) Owner :Daus John 0 Parcel :021703 Site :5831 W 29Th Ave Wheat Ridge 80214 Xfered :03/04/1999 Mail :5831 W 29Th Ave Wheat Ridge Cc 80214 Price :$125,500 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1892 Pool: B1dgSF :1,220 Ac:.35 MetroScan / Jefferson (CO) ' Owner :Friedberg Bernie S Parcel :021738 Site :6000 W 29Th Ave Edgewater 80214 Xfered :10/15/1996 Mail :1810 Platte St #100 Denver Co 80202 Price Use :1112 Res,Improved Land Phone :303-691-2288 Bedrm: 2 Bath:1.00 TotRm: YB:1870 Pool: B1dgSF :920 Ac:.15 : MetroScan / Jefferson (CO) ' Owner :Kimbrell Liliane M Trust Parcel :021739 Site :5978 W 29Th Ave Edgewater 80214 Xfered :09/13/2001 Mail :5994 W 29Th Ave Edgewater Co 80214 Price Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TotRm:l YB:1962 Pool: B1dgSF :9,200 Ac:.45 : MetroScan / Jefferson (CO) ' owner :Hamblin Irene F Parcel :021967 Site :2886 Gray St Wheat Ridge 80214 Xfered Mail :2866 Gray St Wheat Ridge Cc 80214 Price Use :1112 Res,Improved Land Phone :303-233-6787 Bedrm: 2 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF :1,048 Ac: : MetroScan / Jefferson (CO) ' Owner :Schoonover Timothy V Parcel :022069 Site :2890 Gray St Wheat Ridge 80214 Xfered :06/01/1998 Mail :2890 Gray St Wheat Ridge Cc 80214 Price :$120,000 Full Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1951 Pool: B1dgSF :1,262 Ac: : MetroScan / Jefferson (CO) • Owner :Mossman Scott M Parcel :022079 Site :5837 W 29Th Ave Wheat Ridge 80214 Xfered :04/15/1994 Mail :5837 W 29Th Ave Wheat Ridge Cc 80214 Price :$115,350 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.50 TotRm: YB:1909 Pool: B1dgSF :1,914 Ac:.28 • MetroScan / Jefferson (CO) • Owner :Saindon Edmond L Parcel :022591 Site :2885 Gray St Wheat.Ridge 80214 Xfered Mail :2885 Gray St Wheat Ridge Cc 80214 Price Use :1112 Res,Improved Land Phone :303-238-4966 Bedrm: Bath:1.50 TotRm: YB:1951 Pool: B1dgSF :1,133 Ac: * : MetroScan / Jefferson (CO) • Owner :Peterman Brad Parcel :022939 Site :5995 W 29Th Ave Wheat Ridge 80214 Xfered :02/23/1995 Mail :5697 Mc Intyre St Golden Cc 80403 Price :$282,000 Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TotRm:l YB:1955 Pool: B1dgSF :7,500 Ac:.30 MetroScan / Jefferson (CO) ' Owner :Lyn Lammert Trust Parcel :022946 Site :2895 Gray St Wheat Ridge 80214 Xfered :11/05/1999 Mail :PO Box 9863 Denver Co 80209 Price :$182,000 Full Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:2.50 TotRm: YB:1951 Pool: B1dgSF :1,771 Ac: MetroScan / Jefferson (CO) Owner :Denver Union Water Board Parcel :195624 Site :*No Site Address* Xfered Mail :1600 W 12Th Ave Denver Cc 80254 Price Use :9149 Exempt,Political Sub,Land Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF : Ac:8.36 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. 0 001 620 - 004 O m 003 a~ DENVER UNION WATER BOARD 0 0 46 110' 100' Lo (V 185 N 11 I N 0-) 002 003 n N C N C 60 105 O 12 CITY a CO. of DENVER 366- 278 004 o O ® v 001 I 25 2s' N 21 026 zo N 025 95 14o' Is ,so' 0 Q Coo5 - 51 ooz 2 oz7 z o2a 2 . . 006 ' 003 3 m 0 028 3 - 023 165 m m 22i THE LARGO 004 4 ? 029 4 022 4 CONDO 1 j U n i l s 101 - 1 6 - I 2 031 005 5 030 5 O21 5 201- 208 018 25 006 6 031 6 020 6 25' 2~ 140.4' _ 1 007 T 032 T 019 7 A 017 N TRACT R 016 2 ' 008 6 033 8 018 8 140 4' 009 9 034 9 017 6002 001 r•~ M » !33' M M 672' ^01 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 39`' 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 %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 Jefferson County Assessor System http://ww4.co.jeff .co.us/apps/servlet/ats.atsdisplay?sch=0217... S Q "I l- 1 rL 1 of 2 I-M2 I y 8~ e1 OF A-, S5 I s~°s -6 ib ire s-~ Scw is ey~c~. 9/26/2002 3:07 PM 09/06/02 FRI 11:08 FAX Fax Transmission 100 Jefferson County Parkway Golden Co 80419-2530 Fax: (303) 271-8180 Phone: (303) 271-8122 To: f~~r 1A Fax:D FROM: Jefferson County Subject: f;~ 0 73 6 0~ 0 Date: ?J ~ -,q Pages:-zincludiug this cover letter IM 001 Comments: 09/06/02 FRI 11:08 FAI 1M002 RECEPTION NO. P0736040 0.00 P6: 0001-006 052 RECORDED IN.JEFFERSON .COUNTY ,r COLORADO 11/1;9/1998 13-29:08 NON-EXCLUSIVE EASEMENT AGREEMENT I/L9, G THIS NON-EXCLUSIVE /EASEMENT AGREEMENT, made and entered into as of the L0 day of _ 19,by and betuueen the CITY AND COUNTY OF DENVEIPl, ACTING BY AND THROUGH rrS BOARD OF WATER COMMISSIONERS, hereinafter called "BOI,RD" and JI,rL1E Y. WiLL11AMS- SMITH, hereinafter called "GRANTEE'. WITNESSETH: For and in consideration of the combined sum of Ten and 1`1011100 Dollllls 010,00) and other good and valuable corslderation to the BOARD In hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, the BOARD hereby grants to the GRANTEE, Its successors and assigns, a Non•E=Iwly a Easement In which to construct, maintain, repair and operate a driveway for access purposes, within that portion of the BOARD's Ashland Reservoir property as described in F)driblf "A'', attached hereto and made a part hereof. It is hereby mutuaay covenanted and agreed by end between the parties hereto as follows 1. In granting this Easement, the 130ARD reserves the right to make full use M the property involved as may be necessary or convenient in the operation of the water plant and system under the contncl of the BOARD and the BOARD retains all right to operate, maintain, install, repair, remove cr relocate any tit Its facllgles located within the BOARD's property at any time and In such a manner as g deems necesssr,, or convenlenL The BOARD also reserves the right to grant other parties access and other laviful uses In the property which will not I nterferewlth or endanger the GRANTEE's use herein granted. 2. The rights and activities authoized hereon shag be performed within the area described ore Exhlb@ "A , e4ached hereto and made a pad hereof. No use of the BOARD's property outside of the propedlr described on Echibit "A'Is authorized. 3. All work authorized "is Agreement shall be pertwmed by the GRANME at no expen:re to the BOARD and the Grantee shall own and maintain Its driveway. Except for purposes hemin auUwdzal:l, EM surface and sub- surface uses of the Easement must be approved in writing by the BOARD Fdorto instaRsdlon. This Agreement shag, in no way, imply that ownership of the land underlying or surrounding the GRAIWITI 's installation Is conveyed. 4. The GRANTEE shall notify the BOARD's SupedrdendeM of Water Control, Mike Rang is at 303-5L8-6376 at least 48 hours prior to the start of construction tit, or modifications or repairs to, ft GIVANTEE's driveway so that the BOARD may make such lnspWlons as it deems necessary and t) determine what, If any, measures are required to provide security to BOARD property. In the event of emergency repaka required for safety or restoration of service, the GRANTEE shall not be required to furnish node) prior to corrimenegrg said repairs, but shag notify the BOARD of the nature and axterrt of such emergency work as soon as possible after the worts has been completed Pegs 1 of 4 09/06/02 FRI 11:09 FAX RECEPTION No. F073.5040 5. The GRANTEE, st least 15 days prior to the proposed date for commencelnent of any vmrk hereby authorized, shall submit to the BOARD for its approval, a duplicate set of Teal detailed plans of the repairs or Modifications the GRANTEE proposes to carstm4 mebmtWrL repair and operate hereunder. No construcku will be permitted on the premises until the BOARD has approved the plans thereof. 6. The GRANTEE vYiil use ell reasonable means to prevent any loss or damage to the BOARD o to Others resulting from the conshudion, repair, use and maintenance of the driveway authorized by this Agreement. Any repair, modification, relocation or replacement of any of the BOARWs Installations on its property made necessary, in the opinion of the BOARD, because of the consWctlon, repair, use or mantenance of the GRANTEWs driveway shall be made only by the BOARD at the sob expense of the GIiAMTEE 7. The GRANTEE agrees to clear the Easement of ed consaUctim debris and restore the area to a condltion satisfactory to the BOARD within (10) days from the date of the compleffm of any modification to or repair OF replacement of the driveway within the above-described Eesoment. In the event the clearing and radoratlon of the area is not completed within the time specified, the GRANTEE agree; that the BOARD may complete the work at the expense of the GRANTEE 8. This Agrrece rent is subject to prior agreemon tS, itcenses, and grants, nrcorded or unrecorded, and it is the GRANTEES responsiblily io delesmine the exlskvw of any conflicting t1his or uses. a. The GRANTEE shall comply with all appkabb laws and ordlnar m and all rules, regulations and requirements of any Governments] Authority promurgatad thereunder controlling environmental standards and conditions of the premises. M, as a result of the GRANTEes occupancy of the pr4nalsee and Is operation hereunder, any such law, ordinance, rule or regulatoo Is violated, the GRANTEE shall protect, save harmless, defend and indemnity the BOARD from and against any penalties. fine;, costs and expenses Including legal fees and court cods Incurred by the BOARD, caused by, resulting from or cormed4id with such violation or violations. In addition, but without limiting the Foegcing, the GRANTEE diaU complywsth the following: a) The GRANTEE shall not cause or permit any Hazardous Material to be bra.ight upon, kept or used in or about the Premises by the GRANTEE is agents, employees, or contractors without the express written pormlesion of the BOARD (wlnlch tha BOARD shall not unreasonably withhold as long as such Hazardous Material Is, necessary or useful to the GRANTEBs occupation of the premises and will be used, kept and stored In a manner that compiles with all laws reguletng any such Hazardous Matodsl). If the GRAtfTEE breaches the obligations slated in the preceding sentence, or If the presence of Hazardous Material on ire Promises caused or permitted by the GRANTEE results In eontantlnatlon of the Premises, cr 9 contamination of the Premises by Hazardous Matennl otherwise occurs for which the GRANTEE is legally liable to the BOARD for damage resulting therefrom, then the GRANTEE shall indemnify, defend and hold the BOARD harmless from any and all claims, Judgments, damages, penalties, fines, mss, IlabillUes or losses (Including limitation, dlndnullon In value of the Premises, damages for the loss or resklcflon on wo of rentable or usable space or of any amenity, of the Premises. damages, wLring from any adverse Impact on makating of space, and sums paid In sattemernt of claims,attorney fees, consultant fees and expert fees) which arise during or after the easement term as a result of such contamination. This Indemnification of the BOARD by the GRANTEE Irduda% without Page 2 of 4 12003 09/06/02 FRI 11:09 FAX RECEPTION NO. F0736040 Ilmlta6on, costs ineurred in connection whh any Inveslxratlon of she conditions or any cleanup, remedial, removal, or restorallon work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present In the soil or ground water on or under the Promise& Without limling the kmclrng, If the presence of any Hazardous Material on the Premises caused or permitted by the GRANTEE 'results In any contamination of the Premises, the GRANTEE shall promptly talai all actions at Ifs sole expense as are necessary to realm the Premises to the condition cod'-cling prior to the introduction of any such Hazardous Material to the Premises; provided that the BOARD's approval of such actions shall first be obtained, which approval dhall not be unreasonably Wthhetd so long as such actions would not potertrally have any matertat adverse effect on the Premises. b) As used herein, the tent "Hazardous Matodar means any hazanfous or toxic: substance, material or waste which Is or becomes regulated by any local governments! authorly, the State of Colorado or the United States Government. The Seim "Ha2ardous Matedar Includes, without limitation, any material or substance that is (1) defined as a "hazardous substance" undar appropriate state law prcvislons; (I) petroleum: C) asbesfna; (Iv) designated as a 'bazardeus substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. §9603): (v) defined as a lbaxardous substancd' pursuant to Section 101 of lire Comprehensive Environmental Response, Compensation .and liability Act (42 U.S.C. §9601); or (vi) defined as a "regulafad substance" pursuantto Subchapter K Solid Waste Disposal Act (Regulation of Underground Storage Tan)cs) (42 U.S.<;'. §6991). 10. In case the GRANTEE shall abandon or vacate its driveway, and tease to use the eam mend herein granted, all right, 10119 and interest of the GRANTEE hereunder shall cease and lermllrtate and the BOARD shall hold said premises, as the same may then be, free from the rights herein grafted. it. The Grantee hereby expressly agrees to defend, indemnify and hold harmless the BOAFID, its officers, agents, employees, and insurers against any liability, loss, darrMe, demand, action, cause oil action or expense of whatever nature (mcludirtg court costs and attorney's fees) which may result from any loss, injury, death or damages, allegedly sustained by any parson, firm, corporation or other entity, which aflues out of or is caused by any negligent act or omission of the GRANTEE, Its officers, agents, employeesi or the GRANTwe subcontractors, or of any said subcontractor's officers, agents, or employees. 12. The GRANTEE'S shall comply wlth all appilcable, laws and ordlnano,s and all rules, regulations and requirements of any Governmental Authority promulgated thereunder contralling onvtrarlmental standards and conditions of the premises. if, as a result of the GRANT909 ooeupangc of the premises and Its operafion hereunder, any such law, ordinance, rule or regulation Is violated, the GRANTEE shell (:rolect, save harmless, defend and indemnify the BOARD from and against any penalties, fines, costs and expenses Including legal tees and court costs Incurred by the BOARD, caused by, resulting from or connected with such violation or vlolatforM 13. Each and every one of the benefits and burdens of this Agreement stal Inure to and be binding upon the respective succeasors and assigns of the pertles hereto. IM 004 Page 3 of 4 09/00/02 FRI 11:09 FAX RECEPTION NO. F0736040 14. For the resolution of any dfapute arising frern this AgrawnW, venue shall be M the Courts of the City and County of Denver, State of Worado. LN WITNESS WHEREOF, the parVas hereto havo 0muted the watan Agreement as rf the day and year first abcvewrltlen. CITY AND COUNTY OF DENVER, acting by and throu h bs BOARD jF C. ISSIONERS By, H,l. EM agar . Y . 4 The undersigned verifies that she has read the foregoing Agreement and agrees to ea;ept and abide by all the Leans and conditions thereoL JULIE K. WILLLAMSJ;IMffH By' STATE OF COLORADO U sq. COUNTY OF ~E S;om ) TheforegoUngitnshumentwasadmowiededbefore mebyJuVeIClMllierna.4nIthonlhis ZA dayof~!+t?e +r .1QKT5 Witness my hand and official seal. c . L . S :Q • r rttWOROAiMVmmffUU EKWLUOSaAmIJSNLW Mymrtnnlssione:~irav: b3-24' e.oot N ~ a PubAc _ _ _ Page 4 of 4 8005 , APPROVED AS TO FORM: L.egat o<.wvV 09/06/02 FRI 11:10 FAX RECEPTION NO, F0736040 EXHIBIT "A" A parcel of land in the northwest quarter of the southeast quarter (NW IA SEI/a) of Section 25, Township 3 South, Range 69 West of the Sixth Princpal Meridian, County of Jefferson, State of Colorado more particularly described as follows: BEGINNING at a point on the south line of the northwest quarter of the southeast quarter- of said Section 25, being a southwest corner of Denver Water's property for Ashland Reservoir from which the center south sixteenth •1,orner of said Section 25 bears South 89°20'00" West 309.65 feet; thence along the west boundary of said property North 0003,V42" West 100.00 feet; thence North 89°41'00" East 15.00 feet; thence to a point on the south boundary of said property South 00034'42" East 100.00 feet; thence along said south boundary South 89°41'00" West 15.00 feet to the POINT OF BEGINNING as shown on Denver Water drawing CAD 97r0063 a copy of which is attached hereto and made a part hereof. This parcel contains 1,500 square feet more or less. N. iWORMLEGAMD12=970083 [a 006 'ca Nlma and Address of Pelson Creating 1W ~x f - 180 West ter Avenue Newly Cmated Legal Description mf 4 (938-35-1085,C.R.S.) d 0 1> Deaver, Colorado 80254 09/06/02 FRI 11:10 FAX JEFFERSON COUNTY I 1 catrh basin r , 3" Alum Cap V,3. tf set . N8 9'41'00"E 4 I I" ~I's NW 1/4 SE 1/4 a SEC 25 V 3 { I CS 1/16 Co~Sec 25 I 3/6" Square Pin 5 Ld~e NW 1/f 9E I/4. 15 _ ! - S_ 89'20'00"W = _ . - J - 309.65' W 29 TH A VF 15.00' BASIS OF BEARING: Bearings are based an a south line of Denver _ 5o a._ so iao Water's property for Ashland Reservo{r, ai. shown on the Land Survey Plat, in Survey Beak 4 Page sc'uE .N Fa'r 30, Jefferson County Colorado being N69'41'00"E. PARCEL CON"AINS 1,501 'SO FT± LEGEND DdCUMENT DATED © BOUNDARY D.W.D. PROPERTY SEC'Y FILE DOG. RIMS ITEM NO, BOUNDARY D.W.D. EASEMENT CARD NO. ® EASEMENT. GRANTED DRa AM PM.--- 1 OF 1 rl ffs SCALE: 1" _ RECEPTION NO. 170736040 3 1/4" DND Brass Cap in Land Corner Sax LS 916398 Dw c D 970015 . rrr. • rs 8007 &Z N89'41'00"E VIPIIV_ary a:u= 11LILIA1101-kprrrH V (V 3 1/4" 13WD Brass Cop M in Land Comer Box o LS #16398 °z °p^ Case No.: App: Last Name: App: First N ame: Owner: Last Name: Owner: First Nam e: App Addre as: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : City/State, Zip: Case Disposition: Project Planner: File Lo cation: Not es: Follow- Up: A0210 Quarter Section Map N Daus Related Cases: ohn Case Histor y: game _ ' i 5831 W. 29th Ave. Review Body: heat Ridge, CO 80214 03-232-2643 APN' ame 2nd Revie w Body: 2nd Review Date game Decision-making Body 5831 Approval/Denial Date: est 29th Avenue heat Ridge, CO 80214. Re so/Ordinance No.: JPesicka p--c'tiivee 1y~ o.: F E72, 10 ft side yard setback ariance from the required 16 It side yard setback for he purpose. the adding 2 BOA - 9/26/02 39-264-00.004 BOA - 9126102 Condition Approval: District: 0 Date Rec eived: /612002 Pre-App Date: F_ CITY OF WHEAT RIDGE 09/06/02 4:39 PM rdb John G. Daus RECEIPT NG:C013718 AMOUNT FMSD ZONING APPLICATION F 200.00 zone FMSD ZONING REIMBURSEMENT 90.00 2relm PAYMENT RECEIVED AMOUNT CK 1339 290.00 TOTAL 250.00