Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
WA-02-11
November 14, 2002 AlanWhite City of Wheat Ridge Planning Director 7500 W. 29'" Avenue Wheat Ridge, CO 80033 Dear Mr. White: I am writing regarding my 6-foot frontage fence. Mr. Pesicka said that you had the authority to review the issues. The Board of Adjustments granted my variance request for 10400 / 10420 W. 38" Avenue in Wheat Ridge. Mike Pesicka noted 2 issues that prevent him from signing off on the permit until clarified. During my hearing I asked for 50 feet of fencing. I passed out the literature on the brand of fencing that I was buying and asked if I could install 50 feet of fencing. The Board of Adjustments granted my request and said that they would include the specific figure of 50 feet, as per my request, so that possible fixture owners would not try to extend the fence further than where my elevation drawings reflected. The conditions stated in stipulation 2 "The variance shall apply only to the portion of the frontage as illustrated in the application and at no less a setback than applied for". I have complied with the conditions. The fence begins and ends where the elevation and site plan illustrations indicate. As you can observe from the out come of my installed fence, in reality it looks as my site plan illustration projected. The beginning and ending points of my fence are as drawn and are the visual distance from each structure which was portrayed in the drawings and verbally confirmed during the hearing. Mr. Pesicka feels that the boards ruling COULD mean 50 linear feet including the walkways (because in one place I accidentally referred to 50 feet of the property face); where I interpreted it to mean 50 feet of actual fencing because that is what I asked the board during the hearing. If Mr. Pesicka counts the sidewalk openings, even though there is no fencing over the sidewalks, then it is more than 50 feet. In reality I was very precise and installed only 49' and 9" of actual fencing (excluding sidewalks). Mr. Pesicka said that if it were interpreted 50 lineal feet instead of the 50 feet of actual fencing then one option would be to remove (or reducing the height) on the last 5 feet. This does not work with my specific landscaping. It would completely change the character of the "yard" for the cottage at 10420 W 38'h and would result in an elevation with fencing that does not extend as far as the fencing portrayed in the site plan presented to the Board of Adjustments. The bottom line is it would not function as or appear as the site plan approved by the Board of Adjustments. Since it was clearly my intent to bring the 6 foot high fence to these positions in the yard, and because I verbally asked for 50 feet of fencing and was granted my request, I am asking if you, as the Planning Director, can clarify this point or if I must take up the valuable time of the Board of Adjustment members and go back for clarification to keep my 50 feet of actual fencing? My hearing ended at midnight---I really hate to have to keep everyone so late to restate my original request. One other small matter was that the board described it as two arches with fencing in the middle. This was in the boards description listed under "reasons" and was not a condition of the variance, however, it did cause a concern to Mr. Pesicka. The placement of the West arch and the amount of fencing west of it was not a condition. The west fencing was depicted in the site plan despite the board's summary description-the beginning and ending point of the 6' high portion of the fence was the relevant concern to the board.. Since the placement of the arch was not a condition of the variance I believe it is not relevant to signing off on the permit, however, Mr. Pesicka needs your input on the matter. Thank you for your assistance. Feel free to inspect the property-the improvements have been tremendous. Sincerely, C! Kimary Marche / 7500 West 29th Avenue Wheat Ridge, Colorado 80033 The City of Wheat Ridge FAX 303/235-2857 October 3, 2002 Kimary Marchese 10400 W. 38th Ave. Wheat Ridge, CO 80033 Dear Ms. Marchese: RE: Case No. WA-02-11 Please be advised that at its meeting of September 26, 2002, the Board of Adjustment APPROVED your request for 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 W. 38`h Avenue. Enclosed is a copy of the Certificate of Resolution 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. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-02-11 (case file) Building File CADocuments and Settings1kathyRMy Documents\Kathy\BOA\CORRESP\2002\wa0211approval.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-02-11 APPLICANT'S NAME: Kimary Marchese LOCATION: 10400 West 38th Avenue Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-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 that there were no protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-02-11 be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a variance to the fence height standard in a minimum front yard setback for an increase from the four foot maximum height requirement to six feet. FOR THE FOLLOWING REASONS: 1. The six-foot portion of the fence will extend only fifty feet and will be a picket style fence with decorative archways at both ends of the fence. The properties to the west and east are commercial and would not be negatively impacted by this request. 2. Granting the variance would not diminish property values or general appearance and character of the neighborhood. The requested variance may produce a benefit or contribution to the neighborhood and community by enhancing a historic property. 4. The applicant testified that she felt that the fence, as proposed, had received positive feedback from Claudia Worth, President of the Wheat Ridge Historical Society. Board of Adjustment Resolution WA-02-11 Page two (2) WITH THE FOLLOWING CONDITIONS: The fence must be pickets as proposed or otherwise compatible and complimentary in design and color to this particular historic property. 2. The variance shall apply only to the portion of the frontage as illustrated in the application and at no less a setback than applied for. VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND, HOWARD, MONTOYA, YOUNG NO: None DISPOSITION: A request for approval of a variance to the fence height standard in a minimum front yard setback for an increase from the four foot maximum height requirement to six feet was APPROVED. ADOPTED and made effective this 2e day of September, 2002. Ann Lazzen, Secretary Board of Adjustment The motion passed by a vote of 7-1 with Board Member ECHELMEYER voting no. 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 38'h 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 38t" 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 il0 V LAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-02-11 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 Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 02-11 be, and hereby is, APPROVED. Type of Variance: Request for approval of a variance to the fence height standard in a minimum front yard setback for an increase from the four-foot maximum height requirement to six feet. For the following reasons: 1. The six-foot portion of the fence will extend only fifty feet and will be a picket style fence with decorative archways at both ends of the fence. The properties to the west and east are commercial and would not be negatively impacted by this request. 2. Granting the variance would not diminish property values or general appearance and character of the neighborhood. 3. The requested variance may produce a benefit or contribution to the neighborhood and community by enhancing a historic property. 4. The applicant testified that she felt that the fence, as proposed, had received positive feedback from Claudia Worth, President of the Wheat Ridge Historical Society. With the following conditions: 1. The fence must be pickets as proposed or otherwise compatible and complimentary in design and color to this particular historic property. 2. The variance shall apply only to the portion of the frontage as illustrated in the application and at no less a setback than applied for. The motion passed 8-0. 5. CLOSE THE PUBLIC HEARING Chair MONTOYA declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Minutes of July 25, 2002 - It was moved by Board Member HOWARD and seconded by Board Member YOUNG to approve the minutes of July 25, 2002. The motion passed unanimously. Board of Adjustment Page 12 09/26/02 ~ O CD Q• O v ~ CD O CD ~ ~ O N CD CD ~L t~•F ~ f7 C-D CD Yl-O CD . i N a fD ~-t ~ o ~-h CD CD CD p ~ O O ~ o CD o r-L 01 ~ o ~ c ~ O CD ~s CD UP aq $ 0 r-+ ~ CD CAD CD ~ 0 o y C-D O cr~a ('D ~ o P7A CD CD o ~ o C r~ C C-D CD °o CD CD 0 O O O O CD ¢ ~ C CD O C O O ffQ c~ N ~5 ~UU"P%'41W --~r ~--'6.6b 1 STORY FRAME 46.1' s j^-- r 11 ItXii E":-Bo Ml a s: IQ n gg~~ e ~o,~ 9 R p ` n _ LL) TTI, ~V UI ' -0 C) U! n F, t 1'9Z zr 'vqc pa iv r 0 0 IMI fD OMI O Owe 0 ITI O O O CD e-r- m A: tZ• CD O ~h O CD K r•P t4i O r 0 0 r O O r 0 0 w 00 c 0 r 0 0 0 0 w c a 0 r O 0 0 0 04 ft r 0 0 0 W c CfQ Cf4 ~ A N ~ C D C C ~~t n n CD N ~ C ~ O CD -r ~ ~ CD O ~ ~ O O ~ W N ~ N ~ O v~ O A CD C D CD `C n . ra~ c ~ CD C~ PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE og ~O OF fJOJUS T MG7 X)T ASE JD: CJF} - oa - - /~(~HsP i /J11A~ ~flc SE /D yDd G~c-s T 3g r1 /4UC . ~FNCE t`/~/GHT (/fI2 (AAJCE (Please Print) Name Address In Favor/Opposed 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-02-11 CASE MANAGER: Michael Pesicka ACTION REQUESTED: Request for approval of a variance to the fence height standard in a minimum front yard setback. A request for an increase from the 4 foot maximum requirement to 6 feet in a front yard. LOCATION OF REQUEST: 10400 W. 381 Avenue Wheat Ridge, CO 80033 NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): Kimary Marchese 10400 W. 38t° Avenue Wheat Ridge, CO 80033 Same as above APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: 21,780 square feet Commercial-One District (C-1). Commercial N, PRD; S, R-2; E, C-1 & W, C-1 N, Residential; E, is Commercial; S, is low-density residential; W, Commercial 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 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. L REQUEST The property is located at 10400 W. 38' Avenue and is currently being used for commercial and residential purposes. The property is zoned Commercial-One (C-1) and is approximately 21,780 square feet in area. (Ekhibit.l,1 Zoning Map,); The applicant is requesting approval of a variance to the fence height standards in a minimum front yard setback. The request is for a 2 foot variance to the 4 foot maximum height requirement resulting in a 6 foot fence in the front yard setback (Exhibit2, Application). Pursuant to Section 26-603A. "Generally, no divisional fence, wall or hedge above the height of forty-eight (48) inches shall be permitted within a minimum required front yard, or above the height of six (6) feet in instances not otherwise specified." The applicant has stated in her letter that the fence will sit closer to the property line than the 30 foot requirement. Pursuant to Section 26-218B.5.b. Front Yard Setback "Thirty (30) feet where the height of the building does not exceed thirty-five (35) feet, and where the front setback area is completely landscaped, exclusive of ingress/egress drives on either side of a structure." The frontage on the property is 200 feet, and only a 50 foot section of fence will 6 be feet in height. (Exhibit 3, Deed, Exhibit 4, Applicant Letter'aud Exhibit 5; Elevati6ns); The buildings on the property are over 100 years old, and have nonconforming setbacks, and if current setbacks of 30 feet were applied for a new structure, the lot would virtually be unbuildable. The rear yard of the lot is small and not suitable for any large activities due to the fact that the Lena Gulch channelization project consumed approximately 2,500 square feet of the rear yard. It should be pointed out that the Lena Gulch project occurred over 20 years ago. The applicant is not altering the character of the property, and the fence and archways may enhance the appearance of the site. II. SITE PLAN The property in question is unique in shape, has frontage on W. 38' Avenue to the north and Moore street to the west. The Lena Gulch channel borders the property directly to the south however, the property is not in the flood plain., (Exhibit-6i Site..Plan,Exbibit,7; Sir * III. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the request is denied, the property may yield a reasonable return in service and income. The proper may still be used for commercial purposes. 2. If the variation were granted, would it alter the essential character of the locality? The request would not alter the essential character of the locality. The property is unique in shape and the buildings date from the late 1800s. The owner has already done work to improve the appearance of the property and the proposed fence would only add to the renovation. The six foot portion of the fence will only extend for 50 feet and will be a picket style fence with decorative archways at both ends of the fence. The properties to the west and east are commercial and would not be impacted negatively by this request. 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 in question does have a unique shape and is relatively flat. The property dates from the late 1800s and is considered historic in the City of Wheat Ridge. However, the owner purchased the property a little over a year ago knowing that the traffic on W. 38" Avenue is heavy and the Lena Gulch floodway project was constructed over twenty years ago. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The hardship has been created by the owner. The owner is proposing to build a fence that exceeds the fence height standard in the C-1 zone district. However, the property has no rear yard to use for the activities that the applicant is proposing. 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? Granting the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. It would not impair the adequate supply of light and air to adjacent property, would not increase the congestion in public streets or increase the danger of fire or endanger the public safety. Granting the variance would probably not diminish property values within the neighborhood. 6. If criteria a through a are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The requested variance would result in an individual benefit for the property owner, and may produce a benefit or contribution to the neighborhood or community by enhancing a historic property in Wheat Ridge. Approval of this request 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 supportive of the variance request. Therefore, staff recommends APPROVAL for the following reasons. 1. The property has a unique shape and history which has left the front yard as the only area suitable for large outdoor activities. 2. The variance request would not alter the essential character of the neighborhood. 3. The request would not be detrimental to the public welfare or injurious to other properties. 4. The request would not impair the adequate supply of light and air, would not cause congestion in public streets, endanger public streets or diminish property values with the neighborhood J PA AA ^-,I ,al an ms 9A an , ,a, . , g A-' wz:, w w,s ,oe, 3 ,aeo rw m w9a um ,sa IOa 1010 8 laoo ,aos ,M, 3 ,o,o ,oa a,s ~t y9, at WZ 9&7 I A-1 w, 1 om an A51 % $ Ada AIS F AN N Sat E55 C EII A51 A 8 AS1 Aa ~ 3931 An 1 4. 1 An n s Aa 3 An p 8 A0° Aos . Z R-2 ' ml Nw 5 sss, MA An Sn, a" An ass Ac, aso acs 5 ,oAS +os as Ian ,o a 1-A PRD _ as WZ-7B 7 A as $ _ WZ-8 7 . y IMA ` C-1 H -.1 56 w 3a Pwro!9 $ w G. u 6LEVINB OU6 CA a R-7 s a5a • v 1 ~ • R-7 C-1 - • p •q C-7 ~ e •q . R 3 - • ~ ~ J N 47! Y/1-~Hfl e Pe gg A 1 • ~ ~ ~ VM LANIM SMALLANIMAL U) - WATN PL Pi= - PL - W351N PL A J A L R-2 6 - N R a 8 E 5 - _ 8 8 Ions iND sp R-y. ~ go Z ~ ~ - - w3sT,5 AVE. _ aa gg 33 q gg RR 31 8 g 5 B E$ ~ ~ 's B '8` d E ~ 8 8 8 i~ °•b ~ 8 R ~ g ~ 2 ~ °u b ~ 8 8 8 R UI PL L g -7 aa5 p'~ CUP-93.1 l c _ WAM a L S e ~t5~ $ a y a - LL, 2 6 P G~` ~~a~ e $ Njr`NOR p° G Jig°a ~ ^ J ' ^ m 5 w' °9 C-~ ~1aJ to>SV 32ND Pl i W3YNDPL W ` yg+ /F5r . n n n sUp~~ sup-00-2 cltrunms - - ^ e I f 9E 28 OFFICIAL EXHIBIT 1 1A\' n/R ZONING MAP PARCE LOT BOUNDARY 1~ E ` V tnF.glr INATFR OWNFRAHIPI N G.,2 WHEq LAND S G APP CATION f WHEAT tjf V pf e, CC 3 b o rm c o Phone (303) 235-2846 cotoanco ocoano - (Please print or type all information) V--CC 52(c,-07 Applican iMarU lk YVaYC )e Address 104CO U cX> Ph e~3~_? ? City W State (~D Zip Fax -1-1o a>c z2o:~22-3 Owner _ ~COYYI Address rnone Cily__ State__ - - Zip Fax 'Contact 'aoaYI~e' 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.) o public hearing signs, and will receive a copy of the staff report prior t o , l~ Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval Variance/Waiver (from Section ) ❑ Zoning Ordinance Amendment ❑ Other: Detailed description of request: More. A-RAN) ~ OF M 0 5C~ o c ° " - " Required information: Assessors Parcel Number: Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: wo nv ; Pno sc e t~htv~h~ Current Use: tU( tc5 -Rec~ah h\. ~vrnrn~G Proposed Use: ; I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attomey from the owner which approved of this action on his behalf y e\N G. l; Sig-viature of Applicant xib d sworn to me this day of VYt 20 D \%O J NP LUotary ublic OF COMy commission expires g/ 15l~ 2- Date received b Fee $ , /O' Receipt No. ~~7 27 Case No. Comp Plan Desig. Zoning ( Quarter Section Map d2 Related Case No. Pre-App Mtg. Date Case Manager ~ZS e~ 33 3 n Im A Oeg mm .a ln~ iNC) 0 OWE V co C QAO Q ~ Y OIx P'j.- Ld fs i d+raw H r A =cu~a H nuo . i! OCIQ y C-ar-I x x w w ro J o O C v v m$ :n a m •Z s o° ° a4 I 3 a rt A. ~ 3 v° p •o i v v o tm A 0) m V a4 _'ra m- .a m Z 'aO w p a 1 4 A ° C rd to N K o .a 3 .gym v Y u o m s l o m m U Id N p! N m QI M ti - a F T a I O :9 w fli \ G to ° I m 8 0 .-1 .F .N m 0 ~-41 m A.3 v o~ o U T ° t o m W v N o bl m w .s a9 d P a p m c J o W 1 o •O ~ aRiN o g w•.Fi w a .3 w C a a o m N w' I w 7\`Z C O N c- w m H I N M I/1 W O -N D -4 qq q o G I N y •3 - v 2 bl c~ '2 v v sJ w~ '.v^~ m ~ 3 v ya 1 L} T imi M w a N m N t9 o w ° - L ° m J •~^p [-1 I v O R W C R b~ v o n m '[Y a T" v a M W I vi o ss P4 4J R O N M H I d+ o •i 11 7 ..i -fl O .H p ss v o qw R T O W I U .F 01 O p a0 J0 H > a`3 J G T c w 12 71 o I m N C V1 U Da J-1 oG ° w G c v c v N _ m F3 ~iQ~a77 I O 01 D N N U tl NCn 8 'r~ C 0 0 ° - a (C I p 'tl „ o U U 'D W N~ a v ~ w u ~ u y~ 2 'd z F O +,y Q I I o o H F W N j o 9 a w cx a° w .^T. :a > 0) U . 'L I f. -I~ Q! 'l7 U a J c m .'rY T O N y ti c-1 'J I d D o ,Y. I I m~ N m 2d ,,H CC F N 1~ O cl'i '4 m o c w .1 w$ ro b FI w U Id 01 ~ v 3 v 1 q o 01 O 0) I I H N 01 YV ~ m ~ w 01 N lS O I w v A F .-I A F J t 'S y F on o o y G T F 'O 3 I ti w C v ai m N v 'C s a` m p, a ° o q o o ff I I 'O w O N N H m w y W m v b m a v P1 v ~C 'C1 W '>y I I ❑ 01 -rl 0 0) o .-I o 0.' o °I s g v - b ti d rtf Nw I I ti mt~ v7.ww v •c ° •mo CC °w I:.. 'o w~:'• v 8 N F o W o. i 2 .v w v v o v o c N> a F° 3 a xi fi O) ti I I a O M Id m Ol M Id m C v m 'G J w J^ m a !J N N D ,C O 19 N N W M .J. y ° k •0.0 0 al -H U ,3 U •n I I `If :c w bl N S m ° 9` 6 R I I a v O C v v .F v F•: c .a ' m W 2. c ao N ,HG O) U y 01 o c i I d d' C v 3 k 'O 0/ o ti cn a w -O m p e 7 m o t I co O C ~3 o N o - b 3 rv. c `d o •8 °w '3 w n R 'S A O C C I I v en u el •N R S z N N _ a C S] °1 .a C z rt w N I I m m [wi] rn d N o o o _ ;3 y S a rw c' .g 4 N ',,~yh.•y.~II N 'a S 'y m l I B v 2 QI U 2 RY C N q o m uC ° 1 I ° •:1 W F N -a 0 o dl ~ c ~ a v 'gl c > > m ~ ~ uli aO l 1 .Q 9 y dl N -ti m O S u o •7 m° 8 w o _ N k1 U I 1 t° ° •W ei w x w b eci U N mm m Id O ly 1 1 T g N F H W Fi O O vm. w 5 C O $ A\ O m M~ 11 A p 'm zi 3- m o D v o v Q a w c ;y tr' m„ " v?{ N My \ N e l 1 a O m m u m 01 <II c Y. P w m N p m cn\ C w J~ U I I o N .i N aI d M aJ o m° t~ r" s m 'd . m> > , A A ro '6 p IrQI rn r U N c I `a' N o F 4J p •~i u •O r m S v c N 3 0l N r -H O N O - I I A W w O k 41 r-I g w 9 4 > U .C w z 11 O•.i -H O F a m w m J o a QQ J eo b1 01 Id N Id N 1 I N E! v H 5. 0 34 A I I a T .P. \ N v 7.. q1 N C .y u° ° m o G d a 9 ss •A UI b• N U m o QI ,m, o f 3 m rl N U ,C •.i C a e. q 'qO m" o c .3 td F ...'d. d .-I w W w w o I o ti W m '6 d v o G a o p¢ q >o G o u W U 0.01 O O , N 01 w Q o W m c1 1 m 'd m -rt N Ln N O p J •f~~j C N r-1 01 $ \ 1 ° O1 Ol 0{ Id 01 F fl c o v JU v a I c~'m cR o Nw v m W ti h aAra m m ax N U. v 3a ° 2 1 y v -.i -H -`I > 0 o 5 w F' C C P. : O J N w w a I v u a y 3 .-1 w > 3 a F $ s m v t7 •N .,.1 O ,9 w :1 a CC w a y a ~11 w o o f" Q I w `d w o w 0 o o m w m `"o is ~ m ~ I o o o N sa .-I C 1~ y 3 •c •O 'G a a w .c v 'O v " N N O J 1 FS .Y-i ~ I ao ~ U) N v .-1 O G ~ ~ Z 4 ~ ~ ..i •.i U C ,+`~t`( U N 11 'o v 1 O 11 b\ . C O W p.• #i m 61 a am acv C H H L4 v • 6: G1 H F aO C m 1 n a" si w al o w v v O s ❑ v W b '3 'c3 •C .C O b-~ Q W C N 7 w 7 m I - m, m y Ol U 11 a 3S E. w q gtigrt G U U Z i T~ e~i v p' v el V 'd U A..u o ,s2 9 g o cv .9" m w c C F m `a .m. N 'o,..'. . i N 8~ O y o m F~+ ~ I m~ Q v$\ o C F U o Fj •Q o rt N E z 3 7-3 r< o a 5 N N a v m 3°1 P] 3 ° '9 5 x i m v w Yi b .-i O W 7 ° C w C Lam` 8 w w ° f'. a\ g >.I H l: C O .-a F m m 57 F m v d q 1¢ o o!j F O s o a, 3 o H 1 3. E .0 2 g W v Itl U m •5 v a s m ` v a c~+ 'w - m rn U" :ij EOOZ 1 330 ag d8tlJN3Wf1~0081tl13 SEP-07-2002 17 19 BUFFALO BILL MUSEUM 303 526 0197 P.01 September 4, 2002 Variance Request -6 foot fencing for a portion of front yard Pre-Afplication Meeting Notes from Kimary Marchese, Owner 10400 W. 381 Ave, Wheat Ridge, Co 80033. AKA Jack's Place, AKA Old Stage Stop. A brief history of this property is helpful. In 1870 the United States granted a homestead to Mr. James Kelley_ The main house has been traced to 1872. Circa 1911 the storefront was added, the second story of the main house was converted to an apartment and a separate cottage was added to the west end. That cottage (address 10420 W. 38s') was about 400 square feet in 1911. Later an additional 496 square feet were added on the back. This was 130 years ago (before Colorado was a state) and the structures most likely sat back quite far from a single-lane, dirt road. Now 38a' is a VERY NOISEY and VERY BUSY avenue. The avenue has been widened to the point that the west end cottage sits almost directly in the street and the main house is not set back much further. It is now to the point that the yard is almost useless because of traffic sounds day and night, The section of 6 foot high, sound block fencing that I propose constitutes approximately 25% of the property face. Much time and resources have gone into the revitalization of this significant historic property. I have been careful to augment and preserve the historic and charming nature of the property. I believe that this small section of fence can achieve a needed sound break without destroying the extraordinary nature of this site. The property line has decreased repeatedly for the 38"' Avenue easement. The fence that I propose will be behind parking and even flower planters; however it is less than 30 feet from the current property front. I believe that the Board of Adjustments, Planning Commission and the City Council will agree that this property meets the criteria If the variance is granted the property use could be restored to its original ability prior to increased traffic on 38a' Avenue. The proposed fencing does not alter the essential character of the locality. (In fact, across the street to the east is a subdivision that has very tall brick fencing. It is beautifully done and I am unaware of any complaints regarding its height.) The particular and unique hardship upon the owner is that the use of the yard is essential to the function of the property which not only has the commercial store font but nixed use residential and outdoor event space. It is critical that people can talk to one another and hear one another. The meeting tables have been moved 4 times in search of a spot that has a naturally diminished traffic noise volum"ut to no avail. A sound break must be created. The fencing will also assist with the safety of visitors, children and pets. The granting of the variance would not be detrimental to the public welfare or injurious to other property. It is essential to the restoration of the property. Prior to my efforts to save this property there was much speculation about its future and whether or not it could be returned to the necessary level of income to sustain its rescue. Community support for the rescue of this property has been high. Claudia Worth signed a letter of support on behalf of the Historic Society. The Transcript has expressed an interest in doing a story on the rescue of this property. Dozens of neighbors have stopped in for tours and expressing support for the rescue of this property and even volunteer to assist. Individuals and groups from more than 20 different churches have donated free manpower and supplies that total more than an estimated $40,000. Being able to generate revenue from its mixed-use zoning makes the use of the surrounding grounds essential. I have proposed the least amount of tall fencing that could achieve the desired buffer. It will be white pickets with roses cascading over it. It will be bordered on each side with rose trellis arches at each house walkway and the fencing most immediate to each house will drop to 4 feet. No fencing is proposed across the front of the cottage or the storefront. It is behind all parking and will not screen or impair traffic visibility and will not do anything to increase congestion in public streets or create a fire danger. Every improvement to this property, including this fencing, will only increase property values within the neighborhood. It is true that the granting of this variance would best serve me as the owner, and the visitors and customers of this location; however, I firmly believe the improvement to this property will indirectly benefit the community at large also. Thank you for considering my request- I have been conducting tours on nearly a daily basis and invite any interested parties to stop by at any time. EXHIBIT 4 060 WPXUA~~ TOTAL P.01 In m W 1 03 11 o Wm ~ ~8 N 89'5545 c 38TH pit E . :NES 30.o, - - 58-9'55'45°W/ r ILIA* 61. f PLANTERS {r;, 'COQ=. LI 1"iv\1 CANOPY . - ` • !fir Q r _ tt t- COVERED co PORCH r moo' ! HSI 7-6 C31 ` KURT 2 STORY .4 18.7 n Q, + JUNE f, ® FRAME Di wu;; wooD 5.2 i i , v DECK & 'r - STAIRS • '001/ 4 N Oil s~ + ' - 1 OF DRY c P (ti 40-~ FMK S.7 -a A ' - • G{~t Sa ou s} 1 G' PPOX w sFK- z•~,r.-ttf'~-<rs °~r`-F-'x-~-1~.'' " _ f-~s * it DRY c, REEK - FC' sI: _ _ 1 POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) I, residing at (address) as the applicant for Case No. UJR -t7~ <-j \ hereby certify that I have posted the Notice of Public Hearing at b^(1U v\ G Pc-,Q o ~lQlv(\ 160D lam. Zvi (location) on this day of 43 20 D~ , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on applicant's case file at the Department of Planning and Devel 5 MAP P pr0~ mow, e Tplan'glformslposti ngcert Rev. 616101 ! r vv~~~ and will be placed in the 1,vtn~o~ , IOU ~r6liYl !,0Ur~ 5 HEARING DATE: .Z d~ d A! E •v ~ w y a ~ c D ;s d o ~ N N w ° v f0 8 0 a y U E t O l0 c E 0 .0 N a- N N x~ m a a ow~ ~ ~ o 3 N ° 3 N 0 3 N 0 3 N 0 N 0 N 0 N 0 N 0 3 3 3 ~ 3 d u 0 O 'C~ G N O D ~ M M OI O M' L M 0 Q O O Q C ~ O N N a°D N a J d> O C a O 'O O O Z Q 0=0 Q - 0 O m 00 L Q O D d N y mmU - M cuw - 0.0 = 0 Eaago W M 850 Y M ca a mm U M 00 o m 0 d0 'm m I 9 m m3a m 2i d x 0 m`~ 6 0 ? o 6 Q~ o rn m Q3 dm-o § M N 0 0 4 0. 26 i ia 2 c n .o 0 . Y cc a aD_ V ` L N F'-O M M 2 N d N N ° ~O i0 O O N V ~ d E D d V N.c D .OC Q O d Ul m Lu Y-t Ur N O 0 C y N E m a E E _ Q W E W N a a C O V li W d E ❑ ❑ ❑ ® ❑ ❑ z N 0 n r r n n M M M M M M w Y ° ° ° ° ° ° ° w O a a °v m ~ m °a m o m 0 m 0 m 0 w 0 Q W ~ m m o$i rn m m m rn m a M o' n M V z' c i M M M a w O w ~ n n n n n n n S S ~ LL N p O Q 9 z a o W Z ~S 3 Un~ a ~I 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Whelp Ridge Telephone 303/235-2846 FAX 303/235-2857 September 12, 2002 Dear Property Owner: This is to inform you that Case No. WA-02-11 which is a request 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 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 SettingslathyAMy Documents\Kathy\BOA\pubnotice\2002\wa0211.wpd 0 (j .3P7'X A,~C, 1 • MetroScan / Jefferson (CO) ~ Owner :Bourie Thomas J Parcel :046865 Site :10559 W 38Th Ave Wheat Ridge 80033 Xfered :06/05/1997 Mail :10559 W 38Th Ave Wheat Ridge Cc 80033 Price :$107,000 Full Use :1112 Res,Improved Land Phone :303-424-3525 Bedrm: Bath:1.00 TotRm: YB:1947 Pool: B1d gSF:842 Ac:.26 • MetroScan / Jefferson (CO) Owner :Lonardo Maria Parcel :048912 Site :10471 W 38Th Ave Wheat Ridge 80033 Xfered :02/09/1993 Mail :12332 W 65Th Ave Arvada Co 80004 Price :$85,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1975 Pool: B1d gSF:1,086 Ac:1.03 • MetroScan / Jefferson (CO) Owner :Hall Marie Parcel :048915 Site :10499 W 38Th Ave Wheat Ridge 80033 Xfered :11/23/1999 Mail :PO Box 11516 Denver Co 80211 Price :$153,500 Full Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:1.75 Tot Rm: YB:1955 Pool: B1d gSF:1,396 Ac:.39 • MetroScan / Jefferson (CO) • Owner :Emery Roy D Parcel :049190 Site :10595 W 38Th Ave Wheat Ridge 80033 Xfered :05/14/2001 Mail :10595 W 38Th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1957 Pool: B1d gSF:784 Ac:.17 * ' MetroScan Jefferson (CO) • Owner :Kuczek Leroy A Parcel :049236 Site :10561 W 38Th Ave Wheat. Ridge 80033 Xfered :04/03/1978 Mail :10561 W 38Th Ave Wheat Ridge Co 80033 Price :$49,900 Use :1112 Res,Improved Land Phone :303-425-5965 Bedrm: Bath:1.00 TotRm: YB:1936 Pool: B1dgSF:1,372 Ac:.38 . MetroScan / Jefferson (CO) • Owner :Barber Steven G Et Al Parcel :049284 Site :3730 Miller Ct Wheat Ridge 80033 Xfered :05/07/1993 Mail :3780 E Boulder St Colorado Springs Co 80909 Price Use :5112 Res,Apgrtments,Improved Land Phone :719-471-3336 Bedrm: Bath: TotRm:l YB:1960 Pool: B1dgSF:7,866 Ac:.61 * ' MetroScan / Jefferson (CO) Owner :Marchese Kimary A Parcel :110069 Site :10400 W 38Th Ave Wheat Ridge 80033 Xfered :12/07/2001 Mail :10400 W 38Th Ave Wheat Ridge Co 80033 Price :$253,000 Full Use :5179 Misc,Commercial,Mixed Use Land Phone :303-722-8233 Bedrm: Bath: TotRm:2 YB:1872 Pool: B1dgSF:2,987 Ac:.50 ' MetroScan / Jefferson (CO) • Owner :Huckenpahler Patricia Lee Parcel :110070 Site :10450 W 38Th Ave Wheat Ridge 80033 Xfered :01/02/1998 Mail :7391 W Bayaud P1 Lakewood Co 80226 Price Use :2112 Com,Improved Land Phone :303-232-7408 Bedrm: Bath: TotRm:l YB:1963 Pool: B1dgSF:3,120 Ac:.23 ' MetroScan / Jefferson (CO) • Owner :City Of Wheat Ridge Parcel :160361 Site :3695 Miller Ct Wheat Ridge 80033 Xfered :09/10/1981 Mail :7500 W 29Th Av enver Co 80033 Price Use :9149 Exem , olitical Sub,Land Phone Bedrm: Bath: TotRm: YB: Pool: B1dgSF: Ac: ' MetroScan / Jefferson (CO) • Owner :Zueck Kay Parcel :194946 Site :10350 W 38Th Ave Wheat Ridge 80033 Xfered :03/29/2002 Mail :10400 W 35Th PI Wheat Ridge Co 80033 Price Use :1129 Res,Improved Outbuilding Land Phone Bedrm: Bath: TotRm: YB:1991 Pool: B1dgSF: Ac:.52 Information c( . '?d from various sources. Real Estate Solutions makes n• - «esemations or warrantie., o the accuracy or completeness of information contain his report. Adjoining 39- 214 3~-ai 1 W. 5 ~ 38 TH 15 21 14169' 909 q o02 ® 68 009 ti26 O 10 i 43' T R A-A 0, ® 68' vRl 021 m ° 007 Oi0 ry VACATION 11- B- 43' - co 14169! co © i253 ~ II_A uo 2 10' 001 4 104 98 10IB m ® 009 15707° v 19 41.0 116 10-A 1 18- 13 020 N 008 44 a o I I B' I 74' ® 016 m 16-A 9 0 120 m 007 ti o 0 14 - 019 )D 003 0 14169 552 5A4 < 17 i ° 018 8 017 o o m 006 0 21 N wnr 004 14167' 003 O R C E 7 o01 1 6 17' t92 .a~ a ► Is' 0 017 I 22 16 002 2 N 03 o A 004 ® o 56 6 003 3 a~i 14625' o 55 36' WILLIS 189' "o - (n 23 W. 36t. Avenue r 126' 125' D ; O I ti 004 4 a 001 34 35 °a I y 5 5 - ID 24 " H E I G HT 003 $ u B. m o 015 5 D o Cn 126' A 125' 2 ~ S U B. ~ 005 N - j „ O 024 _ O 12 6 91' Fi 8 009 9 ,°0 41 36' 24691' 11844 119' 001 38 th Place az los 0 IM Il-B 12 114 41 183 O 035 ®206 $ B. ®036 42' 034 ® N 2 ® 017 e2' 47'@r 65 AD 033 129 $ 128 gp 60 Ils' 0~ 037 105 3 2 I c 138 ® 8 i 161 043 OOg 010 It ® 038 040 09 0 1196 041 1- 75' 76.91' 2d 2d ~ 0 039 A 030 16 Il9' g a n 79 032 w. NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on September 26, 2002, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 291h 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`h Avenue. Case No. WA-02-09: An application filed by Connie Gibson for approval of a 7 '/z foot rear yard setback variance from the required 10 foot building setback for a deck or patio resulting in a 2 1/z 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 29`h 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 WHEAT RIDGE HISTORICAL SOCIETY P.O. BOX 1833 WHEAT RIDGE, COLORADO 80034 t~ww~Q•.~,e S~d.A,.. U 0 August 20,2002 Wheat Ridge Historical Society 4610 Robb St. P.O. Box 1833 Wheat Ridge, Colorado, 80034 To Whom It May Concern: The Wheat Ridge Historical Society is interested in the preservation of the property at 10400 W. 38`h Ave. in Wheat Ridge, Colorado, Because of its historical significance to the City of Wheat Ridge. This is the only building left standing that represents the Prospect Valley community. It was built sometime before the turn of the century. We have been watching it very carefully and have been pleased with the improvements that Ms.Marchese has taken so far. i personally have inspected the premises from a historic point of view and have nothing but praise for her accomplishments. This store is talked about by many of the long time residents of wheat Ridge. Clark Stone now 104 years of age has talked about it in many of his interviews. He was raised on a farm south of the "Prospect Valley Store" and remembers it as the gathering place for the community along with the business of selling groceries. We have encouraged Ms. Marchese in her efforts to preserve this little piece of history. The improvements she has already done on the inside plus the cottage and second story living space have enhanced and surely raised the value of the property. We would be willing to nominate it for Local, State and National Historic designation if this is her desire making the property even more valuable. Thank you, Clau0.dia oitSFi ` President Wheat Ridge Historical Society iefferson County Assessor System As Assessor Home Jeffco Home New Search 100 Jefferson County Pkwy Golden, Colorado 80419 303-271.8600 http://ww4.co.jeff tr.co.us/apps/servlet/ats.atsdisplay?sch=1100... General Owner Name: MARCHESE KIMARY A LNeighborhood:N/A Area:N/A Subdivision Name-N/A Block Lot Key Section Township Range QuarterSection Land Sgfr~i 021 28 !69 i~ 21780 Total 21780.0 Sale Date Sale Amount Deed Type Reception 08-09-1988 01-04-1990 0 Death Certificate ICONVER02, Personal Representative Deedij91063094 01-04-1990 0 Letter or Letters ~CONVER011-. 11-21-2001 253,000 Warranty Deed F1376380 12-07-2001 Marriage Certificate iF1376379 ,cords Disclaimer: This information is prepared as an ongoing commitment to the public to pro accurate, quality and up-to-date information to the public. I This is an informational service and will be maintained during normal busin hours, 8 a.m. to 5 p.m., Mondays through Fridays. If any service interruption service occurs during non-business hours, the problem will be addressed at t beginning of the next business day. Jefferson County makes every effort to produce and publish the most curren accurate property information possible. Jefferson County assumes no liabilit whatsoever associated with the use or misuse of this public data. Send mail to assessor@co.jefferson.co.us with questions or comments about this Web Site Copyright C 2000, Jefferson County, Colorado. All rights reserved. Last modified: May 01, 2001 30 A)t j 1 of 1 9/26/2002 3:10 PM TITLE DEPARTMENT - P"%IVERY TRANSMITTAL SECURITY TITLE GUARAN 1 CO. 5995 Greenwood Plaza Blvd. • Greenwood Village, CO 80111-4710 • Ph: (303) 889-8300 • Fax: (303) 220-9313 DATE: NOVEMBER 21, 2001 ORDER NO: G068747AOI PROR ADDR: 10400-10420 West 38th Avenue, Wheatridge, CO 80030 OVINER/BUYER: Kimary A. Marchese PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: IC LOSING Security Title Guaranty Co. ATTN: Lee Anne Clenney OFFICE Commercial 5995 Greenwood Plaza Blvd. PHONE: (303) 889-8475 Greenwood Village, CO 80111-4710 FAX: (303) 220-1031 1 # COPIES: 1 - ROUTING METHOD: DELIVER 1 TO: CTX Mortgage Company ATTN: 225 Union Blvd., #325 PHONE: Lakewood, Co. 80228 FAX: I # COPIES: 1 ROUTING METHOD: DELIVER TO: Commercial West Real Estate 5460 Ward Road, #220 Arvada, CO 80002 # COPIES: 1 ATTN: Rick Nelson PHONE: FAX: ROUTING METHOD: DELIVER TO: Ward and Associates 9187 West Jewell Avenue Lakewood, CO 80232 # COPIES: 1 TO: Kimary A. Marchese 2595 S. Clayton Street Denver, CO 80210 # (COPIES. 1 ATTN: Jim Ward PHONE: 303-988-7771 FAX: 303-988-8706 ROUTING METHOD: DELIVER ATTN: PHONE: FAX: ROUTING METHOD: MAIL THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT SECURITY TITLE GUARANTY CO. AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: Policy amounts and premiums changed. Updated Added note under Requirement No. 5 - Amended Exception 13. TRANSMIT F1e4 G068747A01. F10 G069747A01 SECURITY TITLE GUARAIN FY CO. 5995 Greenwood Plaza Blvd. • Greenwood Village, CO 80111-4710 • Phone: (303) 889-8300 • FAX: (303) 220-9313 COMMITMENT SCHEDULE A Commitment No: G068747ADl-3 1. Commitment Date: November 6, 2001 at 8:00 A.M. 2. Policy or Policies to be issued: Policy Amount (a) owners Policy - Proposed insured: $ 253,000.00 Kimary A. Marchese (b) Loan Policy Proposed Insured: $ 195,000.00 Business Futures, Inc. 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Susan Christine Craig nka Susan Chritine Bongers 4. The land referred to in this Commitment is described as follows: That part of the E1/2E1/2 NW1/4 NE1/4 of Section 28, Township 3 South, Range 69 West described as follows: Beginning at Northeast Corner of E1/2 E1/2 NW1/4NE1/2 said Section 28, thence West 236 feet; Thence South to North Bank of Dry Creek, as said North Bank is shown, set forth and described in Drainage and Flood Control Easement recorded November 30, 1981 at Reception No. 81086859, thence following the line of said North Bank of Dry Creek to beginning, except any portion lying in W. 38th Avenue, County of Jefferson, State of Colorado. (for informational purposes. only) 10400-10420 West 38th Avenue PREMIUM Owner's Policy $ 1,110. 00 Loan Closing Fee $ 150.00 Mortgage Policy $ 110. 00 1031 Exchange Fee $ 750.00 Tax Certificate $ 25. 00 Form 100-Restrictions $ 35. 00 Form 140.1-EPA Residential $ 35 .00 - 11/21/01 13:43:43 sm DS Vrcoc 1,1/21/01 13:43:45 sm DS Form No. 1344-B1 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 1 Order No. G068747A01-3 Requirements The following requirements must be met: File # G068747AOI (a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. (d) The following documents satisfactory to us must be signed, delivered and recorded: 1. Original or County Court Certified copy of Marriage Certificate or Court order authorizing the.. name change of Susan Christine Craig, n/k/a Susan Christine Bongers. 2. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule A, Item 2A. 3. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the Proposed Insured, Schedule A, Item 2 (b). 4. The Affidavit and Indemnity signed by Susan Christine Craig n/k/a Susan Christine Bongers and notarized. 5. An ALTA/ACSM Land Title Survey in form, content and certification to First American Title Insurance Company and Security Title Guaranty Co. as may form the basis for deletion of items 2 thru 4 from Schedule B of the owner's and lender's policy to be issued hereunder. Note: Upon receipt of Affidavit from seller stating that no additions nor modifications to the existing improvements located on subject property have been made nor any new improvements erected on subject property since September 30, 1998, Improvement Survey Plat recorded November 24, 1999 at Reception No. F0981423 will be sufficient to satisfy the above requirement. Note: Upon completion of the above requirements item 2-5 of the standard exceptions will not appear on the final owner's policy. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS -$100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). 11/21/01 13:43:47 sm DS Form No. 1344-32 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 Order No. G068747A01-3 Exceptions File # 0068747A01 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any existing leases or tenancies. 8. Any water rights or claims or title to water, in, on or under the land. 9. Any right, title or interest of the general public, the State of Colorado and/or the United States in and to the bed and banks of Lena Gulch also known as Dry Creek. 10. Any increase or decrease in the area of the land and. any adverse claim to any portion of the land which has been created by or caused by accretion or reliction, whether natural or artificial; and the effect of the gain or loss of area by accretion or reliction upon the marketability of the title of the land. 11. Right of way to R.J. Bardwell for construction, operation and maintenance of a steel tower transmissions line over and across a portion of the Northwest 1/4 of the Northeast 1/4 of Section 28, Township 3 South, Range 69 West, the specific location whereof is not described, as granted by instrument recorded December 14, 1923 in Book 259 at Page 88. 12. Rights of way as reserved in Deed recorded in Book 169 at Page 62. 13. Any loss or damage by reason of the failure of the legal description , insured hereunder to mathematically close as disclosed in Improvement Survey Plat recorded November 24, 1999 at Reception No. F0981423. --Continued 11/21/01 13:43:48 sm DS Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. G068747A01-3 File # G068747A01 14. Reservation as set forth in deed recorded January 16, 1919 in Book 209 at Page 365. 15. Terms, conditions, provisions, agreements, obligations and easements as specified under the Drainage and Flood Control Easement by and between Jack and Elsie Craig and The City of Wheat Ridge, recorded November 30, 1981 at Reception No. 81086859. 16. Terms, conditions, provisions, agreements and obligations specified under the The Consolidated Mutual Water Company Special Water Service Agreement by and between The Consolidated Mutual Water Company and Susan C. Bongers recorded October 14, 1994 at Reception No. 94164640. 17. The effect, if any, of City of Wheat Ridge Flood Plain Map Ordinance #198 recorded may 14, 1976 at Reception No. 786216. 18. The effect, if any, of City of Wheat Ridge Horizontal and Vertical Control Base Map recorded February 12, 1992 at Reception No. 92015075. 19. The effect of Improvement Survey Plat recorded November 24, 1999 at Reception No. F0981423. 1.1 / 21 / 01 13:43:44 sm DS File # G068747AOI NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.R.S.) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal customer information to any external non- affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such a reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface owner's permission. You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this issue. 1 m O W I LL 0 U W a m r W o O ~ a a z } W D N 0 z Q J O LO N O O ~mm U) o O v O W p 0 O N x O V O U m a dm 0 > b C a m z O F a~ aw Nu w Ow Jd a u J W a U LL F W W U z O a U M J Y F Z c W W Q O rc a E m N ~ W 4 u ~ w o ~ O .r to A O O p C m M .ti u U 9 FF ~ A u Os o o - l c" v 40 0 ~w d p Y .Z w u m to 10 N E 4 ~ ~ a w $ N O a 4'i n "g 9 $c q a ~ ° p 0 0 w m M v • 6d m 3: o 0) X q W 9 v u " O a V O O O. O + I h O N u o u Y no O Z 4 3 Q M pp 7 4 e GO U N 2 W o"p£ Y it ua a2z I oI ~I I 10 1 3a ~N N A 11! N T H N W Nl V 1..13 M 7 J O m ._y p p~ 'QZ W Isvd W ~D m `,55c(C) - - - r ,o JY va 3 ~~ozl3~ rom a °°&R~ 8 LF 2pJ 8 El 6x 14 -0 3 .~rro m 2 $_5 a W H 111 it 0 ..:0 o to c LL M c (a Ic-I y b Q F{ S C48 c- c m m ~Op~ :5 a, aWavy g o aCL 1c, : Y; Q m e1 Q ItJ d(2 N LL E= n m= / I -~noo Q U e- ~Tm o 0 /o 1 m> 00 s SI _ - m m O N- ro a3G/ aC i ro N (6Y NN a 0 o .,C•7 v~ \ O m 0. LJ-N o M1! S-O~i71 0.21 N 7 r c p x_ V U Qyj I ~T 9 yl \ :,3 Y ma LL2 -0 CL -Z E II~,,y~~ ' ¢ n m m o'E.p ] - l i oWt~ y ; '00 cm o 7 \ m aN mn J_ 10, O)o i a -r -14 (D w"O Fig q yaoa) Ec O S N ~~9 ND W / I- € `:~mcO 3E V) 43 L, cE mw> rnem'm rt' ~rwe.-~~+ - 2 P rn as t- o o o- i ./apv-3"0 W m ~L"W m a E o U c o - U O m U N Y m N Cm[ GE) J p~ = E ~y l6 E N ULt ` QN z a 0 C m ro Qy[ TO ° n s m N m c Q. - H° ca >EO'oc Wjm wi IN m O.> U~ W ~Ur U m Np =adm o 0 ov'y ? 0 tT d w I¢ N ~ Case No.: A0211 Quarter Section Map N App: Last Name: Marchese Related Cases: App: First N ame: Kimary Case Histor y: Owne r: Last Name: ame Owner: First Nam e: App Addre ss: 10400 W. 38th Ave. Review Body: City, State Z ip: heat Ridge, CO 80033 App: Pho ne: 303-722-8233H APN' Owner Address: ame 2nd Revie w Body: City/St ate/Zip: i 2nd Review Date Owner Phone: 303-626-0744W 1.303-626 ~ Decision-making Body Project Address: 10400 Appro val/Denial Date: Street Name est 38th Avenue City/State, Zip: heat Ridge, CO 80033 Reso/Ordinance No.: Case Disposition: - Project Planner: Pesicka File Lo cation: ctive Notes: Follow. Up: 0•: NE28 Variance to height stand and of fence in the front yard from 48 inches to 6 fe et BOA - 9126102 9-281-00-009 BOA - 9126102 Conditions of Iroval: District: III. Date Rec eived: 91612002 Pre-App Date: r - CITY OF WHEAT RIDGE 09/06/02 3:10 PM cd6 Kimary A. Marchese RECEIPT HO.C013727 AMOUNT FM5D ZONING APPLICATION F 00.00 zone FMSD ZONING REIMBURSEMENT 90.00 ZMim PAYMENT RECEIVED AMOUNT CK 1082 290.00 TOTAL 290.00