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HomeMy WebLinkAboutWA-03-017500 West 29th Avenue Wheat Ridge, Colorado 80033 3031235-2846 Fax: 303/235-2857 The City of Wheat Ridge 28 August 2003 Jay Lauhon Royal Investment Enterprises LLC 4896 Marshall Street Wheat Ridge, Colorado 80033 RE: Extension of variance for 4896 Marshall Street/WA-03-01 Dear Mr. Lauhon: The City has received a letter of request for extension in respect to the above-mentioned variance. As you are aware, the Wheat Ridge Code of Laws specifies that for any granted variance, an applicant must submit for a building permit within six months of the final action taken by the Board of Adjustment. An extension may be granted if the City receives a written request prior to the expiration of this six-month timeframe. Your request for a sixty-day extension has been reviewed and approved. Please be aware that building plans must be submitted for building permit review no later than Monday, October 27, 2003. Please feel free to give me a call if you have any further questions. I can be reached at 303.235.2849. Thank you, ZF-C-1- Travis R. Crane Planner August 26, 2003 City of Wheat Ridge Zoning & Building Dept. 7500 W 29' Ave Wheat Ridge, CO 80033 Re: Building addition 4896 Marshall St We were granted certain variances to construct an addition to our existing building. Those variances were approved under care number WA-03-01. I understand that we must apply for a building permit within 180 days of variance approval. We have our plans completed and ready to submit for a building permit but I would ask for a 60 day extension of the variance in order to complete our financial arrangements for this project. ; S' rely i - Jay Lauh/oon Partner Royal Investment Enterprises LLC 303-423-1982 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 March 12, 2003 Steve Lubowicki Royal Investments 1701 Wynkoop St. Denver, CO 80202 Dear Mr. Lubowicki: RE: Case No. WA-03-01 Ridge Please be advised that at its meeting of February 27, 2003, the Board of Adjustment APPROVED your requests for (A) a 23-foot front yard setback variance from the 50-foot front yard requirement resulting in a 27-foot front yard setback and (B) a partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial-One and located at 4896 Marshall Street. Enclosed are copies of the Certificate of Resolutions, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting, February 27, 2003. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, August 26, 2003, unless a building permit has been submitted. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fiel' Administrative Assistant Enclosures: Certificate of Resolutions Draft of Minutes cc: Jay Lauhon 4896 Marshall St. Wheat Ridge, CO 80033 %wommawfflim Building File The City of Wheat CADocuments and SeningsWAyt\My Docaments\Kathy\BOA\CORRESP\2003\wa030I approval.wpd CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting February 27, 2003 rmv~ r% FDRAFT 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair HOVLAND at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Members Absent: Tom Abbott Bob Blair Bill Echelmeyer Paul Hovland Bob Howard Paul Drda Jerry Montoya Kent Young Staff Present: Meredith Reckert, Sr. Planner Travis Crane, Planner Mike Pesicka, Planning Tech Gina Gabriel, Planning Intern Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of February 27, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. WA-03-01: An application filed by Royal Investments for (A) ~j approval of a 23-foot front yard setback variance from the 50-foot front yard setback requirement resulting in a 27-foot front yard setback and (B) for approval of a partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial One and located at 4896 Marshall Street. Board of Adjustment 02/27/03 This case was presented by Travis Crane. He advised the Board that all posting and noticing requirements had been met and there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report. Staff recommended approval of the requests for reasons outlined in the staff report. Steve Lubowicki DRAFT 1701 Wynkoop, Denver Mr. Lubowicki, architect for the applicant, was sworn in by Vice Chair HOVLAND. He explained that the applicant wants to build an addition which would be in line with the front wall of the existing building. This would require a variance to the front yard setback requirement. The proposed addition would also be in line with the frontage of other businesses in the area. In regard to the second application, he stated the applicant planted the existing trees in the right-of-way in front of his property in an attempt to improve the appearance of his property. The trees were not required by the city and cannot be counted toward the required number of street trees as they are not on his property. He requested that in lieu of planting all of the required street trees, the applicant be allowed to increase the landscaping from the required 1,850 square feet to 2,900 square feet. This landscaping would consist of shrubbery and hardscape according to City standards. Board Member ABBOTT expressed concern about the possibility that Marshall Street could be widened at some time in the future necessitating the removal of the existing trees which were planted by the applicant in the right-of-way. This could leave the property with no street trees on Marshall. Discussion ensued regarding the right-of-way width on Marshall. Because of the configuration of the streets in this area, it is very unlikely that Marshall would be widened to the extent it would be necessary to remove the existing trees. Vice Chair HOVLAND asked if there Were others present who wished to address this matter. There was no response. Upon a motion by Board Member ABBOTT and second by Board Member ECHELM]MR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-01(A) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were no protests registered against it; Board of Adjustment Page 2 02/27/03 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- 03-01(A) be, and hereby is, APPROVED. Type of Variance: A 23-foot front yard setback variance from the 50-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Commercial-One and located at 4896 Marshall Street. DRAFT For the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interesting the property has not created the hardship. 3. The first floor of the structure which this addition is to be constructed against are aligned in accordance with the setback requested. The motion passed 5-0 with Board Members DRDA, MONTOYA and YOUNG absent. Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-01(B) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were 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. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 03-01 (B) be, and hereby is, APPROVED. Type of Variance: A partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial-One and located at 4896 Marshall Street. Board of AdJustment Page 3 02/27/03 For the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interest in the property has not created the hardship. _ 3. The applicant is voluntarily adding landscaped area above code requirements as an offset to fewer street trees. 4. Eight city-owned street trees currently exist along the frontage on Marshall. These trees function to the intent of the code. The motion passed 5-0 with Board Members DRDA, MONTOYA and YOUNG absent. (Vice Chair HOVLAND declared a brief recess at 8:18 p.m. The meeting reconvened at 8:23 P.M.) B. Case No. WA-03-02: An application filed by Valerie and Mike Kashefska for approval of a 5-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a 0-foot side yard setback for property zoned Residential- One A and located at 3723 Simms Street. This case was presented by Mike Pesicka. He advised the Board that all posting and noticing requirements had been met and there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report. Staff recommended approval of the requests for reasons outlined in the staff report. Board Member HOWARD asked if there would be any roof overhang into the adjacent yard. Valerie and Mike Kashefska AFT 3723 Simms Street Valerie and Mike Kashefska, the applicants, were sworn in by Chair HOVLAND. Mike Kashefska explained that there would be no roof overhang because Tuff Shed requires an 18-inch clearance between the fence and the structure to allow room for workers to construct the shed. He explained they wished to replace a deteriorating metal storage shed with a new one. Board Member HOWARD commented that, since the shed will be built 18 inches from the fence, a 3.5 foot variance would be required. Vice Chair HOVLAND asked if there were any present who wished to address the application. Board of Adjustment Page 4 02/27/03 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 27'h day of February. 2003. CASE NO. WA-03-01(A) APPLICANT'S NAME: Royal Investments LOCATION: 4896 Marshall Street Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-01(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 no protests were 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-03-01(A) be, and hereby is, APPROVED. TYPE OF VARIANCE: A 23-foot front yard setback variance from the 50-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Commercial One and located at 4896 Marshall Street. FOR THE FOLLOWING REASONS: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interesting the property has not created the hardship. 3. The first floor of the structure which this addition is to be constructed against are aligned in accordance with the setback requested. Board of Adjustment Resolution WA-03-01(A)) Page two (2) VOTE: YES: ABBOTT, BLAIR, ECHELMEYER, HOVLAND, HOWARD ABSENT: DRDA, MONTOYA, YOUNG DISPOSITION: A request for a 23-foot front yard setback variance from the 50-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Commercial One and located at 4896 Marshall Street was APPROVED. ADOPTED and made effective this 27`h day of February, 2003. &J 6AL-.10 aul Hovland, Vice hair Board of Adjustment C-e2G7/~~~~ 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 27th day of February, 2003. CASE NO. WA-03-01(B) APPLICANT'S NAME: Royal Investments LOCATION: 4896 Marshall Street Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-01(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 no protests were 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-03-01(B) be, and hereby is, APPROVED. TYPE OF VARIANCE: A partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial One and located at 4896 Marshall Street. FOR THE FOLLOWING REASONS: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interest in the property has not created the hardship. 3. The applicant is voluntarily adding landscaped area above code requirements as an offset to fewer street trees. 4. Eight city-owned street trees currently exist along the frontage on Marshall. These trees function to the intent of the code. Board of Adjustment Resolution WA-03-01(B) Page two (2) VOTE: YES: ABBOTT, BLAIR, ECHELMEYER, HOVLAND, HOWARD ABSENT: DRDA, MONTOYA, YOUNG DISPOSITION: A request for a partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial One and located at 4896 Marshall Street was APPROVED. ADOPTED and made effective this 27`n day of February, 2003. &4~ &J4't4a Paul Hovland, Vice Chair Board of Adjustment .a2"- Ann Lazzeri, Secretary Board of Adjustment MM VIA@ a kmAm 4896 Marshall Street A request for approval of a 23-foot front yard setback variance from the required 50-foot front yard setback requirement in the C-1 District resulting in a 27-foot front yard setback AND A request for a partial landscaping waiver Looking to the east from Marshall Street I kpL~^ ii 4 Looking to t to the west from Lamar Street Z Request A Request B Request B taping standard (as defined by Chapter 26) - For rercially zoned properties, one street tree is required for 30 feet of street frontage. a total street frontage in excess of 533 lineal on this, the applicant would be required to plant 18 street 3 riance is not needed for side yard setback on the south of the property. Pursuant to Chapter 26, a commercially d property may have a zero foot side yard setback if the ling is constructed in a non-flammable manner. cc is not needed for total landscaped area. Since the addition is only an increase of 39%, the applicant is red to landscape the full 20% of the lot. Size - 23,800 square feet Landscaping (under the current Code)-20% (4,760 square feet) g Building-8,316 square feet ed Addition - 3,198 square feet (an increase of 39%) the applicant is required to install 39% of the required applicant is required to install 1,856 square feet of seeping, but is proposing to install 2,980 square feet of Can the property yield a reasonable return in use? Alter the essential character of the locality? Condition of property result in a unique hardship? Hardship been created by anyone having interest in the property? Granting of the variance detrimental to the public welfare? Granting of the variance result in benefit to the neighborhood? CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: February 27, 2003 DATE PREPARED: February 14, 2003 CASE NO. & NAME: WA-03-01/Royal Enterprises CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of a 23-foot front yard setback variance, resulting in a 27-foot front yard setback, and approval of a partial waiver of Section 26-502 (landscape requirements). LOCATION OF REQUEST: 4896 Marshall Street NAME & ADDRESS OF APPLICANT (S): Royal Investment Enterprises 4896 Marshall Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER (S): same APPOXIMATE AREA: 23,800 square feet (.54 Acres) PRESENT ZONING: Commercial-One (C-1) PRESENT LAND USE: Office/Warehouse SURROUNDING ZONING: N: Commercial-One, Residential-Two S & E: Commercial-One W: Commercial-One, Industrial SURROUNDING LAND USE: N: City Parkland S & E: Office/Warehouse W: Event Center DATE PUBLISHED: February 13, 2003 DATE POSTED: February 13, 2003 DATE LEGAL NOTICES SENT: Februarv 13, 2003 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS (X) EXHIBITS (X) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 4896 Marshall Street, and is currently an office/warehouse facility. The property is zoned Commercial-One (Exhibit 1, Zoning Map). The applicant and owner, Royal Investment Enterprises, is requesting two separate variances with this application (Exhibit 2, Deed). Request "A" is a request for approval of a 23-foot front yard setback variance resulting in a 27-foot front yard setback. Request "B" is a request for reduced quantities of street trees (Exhibit 3, Letter of Request). II. SITE PLAN Request A Request "A" is a request for a 23-foot front yard setback variance from the required 50 foot front yard setback in the C-1 district. The applicant wishes to expand the existing building to the south. The existing building has a 27-foot front yard setback on Marshall Street, and the applicant wishes to build in-line with the existing structure (Exhibit 4, Site Plan). The proposed addition would be approximately 68 feet from Lamar Street, and approximately four feet from the southern property line. The Code of Laws states that side yard setback in the C-1 zone district shall be 5 feet per story, unless the building is constructed in a "non-flammable" fashion. If the building is constructed as "non-flammable", it may have a zero foot side yard setback. The applicant has indicated that the addition is to be constructed as "non-flammable", as defined by the Uniform Building Code. Therefore, a reduced side yard setback is acceptable, and a side yard setback variance is not needed. The existing building is approximately 8,316 square feet. The applicant wishes to expand the current building by approximately 3,198 square feet. This is an increase of almost 39%. The Code of Laws dictates that any increase of building square footage must be accompanied by a proportional increase in landscaping. There is a small area of landscaping on the south side of the property, however this landscaping will be removed to accommodate the building expansion. Since the property will be devoid of any landscaping as a result of the building expansion, the applicant would be required to install 39% of the maximum amount required in the C-1 zone district. The maximum required in the C-1 zone district is 20%. The lot is 23,800 square feet in size. Twenty percent of 23,800 square feet is 4,760 square feet. The applicant would be required to install 39% of 4,760 square feet of landscaped area, or 1,856.4 square feet. The applicant is proposing to install 2,980 square feet of landscaping. Therefore, a variance is not needed for required square footage of landscaped area. Request B Request "B" is a request for a partial waiver from the landscaping standards in the C-1 zone district. The applicant is required to plant street trees on each street frontage. Section 26-502 (3)(a) of the Code of Laws states that commercially zoned properties must have one street tree for every thirty feet of street frontage. The property is bounded on three sides by public right-of- way. Given a total of over 533 in street frontage, the applicant would be responsible to plant 18 street trees. Board of Adjustment WA-03-01/Royal Investment There are 8 existing street trees on the Marshall Street frontage; however, these trees are located in the right-of-way and are not applied toward required street tree quantities. The applicant is proposing to plant 8 street trees on the subject property. 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? Request A and B: If the requests are denied, the property may still receive a reasonable return in use. The property is currently utilized as an office warehouse, and this use may continue, regardless of the outcome of these variance requests. 2. If the variance were granted, would it alter the essential character of the locality? Request :If the variance were granted, the character of the locality would not be altered. Most of the buildings in the surrounding area have less than a thirty-foot front yard setback. The C-1 district requires a fifty-foot front yard setback. If the proposed addition were to comply with the fifty-foot front yard setback, it would be the only building on the block with a fifty-foot setback. Request B: This request would most likely not alter the character of the locality. None of the surrounding properties have any significant landscaped areas; much less the required street tree counts as required by Chapter 26. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Request A and B: The lot does have a unique shape. It is a triangular shaped lot, and is bounded on three sides by public right-of-way. This irregular shape coupled with right-of- way located on three sides creates a unique situation. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Request A: The applicant has not created a self-imposed hardship. The existing building was constructed in 1957, prior to incorporation by the City. It appears that most of the surrounding structures have approximately a thirty-foot setback from the right-of-way. Request B: The applicant has not created a self-imposed hardship. The lot has frontage on three streets, thereby increasing the required street tree counts. Board of Adjustment WA-03-O1/Royal Investment 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? Request A and B: The requests would not be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of these requests. The requests would not increase congestion in the streets, nor increase the danger of fire. The requests would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? Request A and B: The requests would not result in a contribution or benefit to the neighborhood, and would merely be a convenience for the property owners. The requests would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Each variance will require a separate motion. Request A Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interest in the property has not created the hardship. Request B Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interest in the property has not created the hardship. Board of Adjustment WA-03-01/Royal Investment w N OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) S 13 o ICO 200 i00 900 Feet L W 1 Z W wx DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 EXHIBIT 1 EXHIBIT 2 CT 0 u• LL LL t W 4~2 a RECEPTION NO, F0661010 6.00 405 RECORDED IN JEFFERSON COUNTY, COLORADO QUIT CLALINI DEED P6; 0001-001 7/29/1998 13:41;43 THIS DEED, made this t-~ day of July 1998 between Thomas G. Lauhon, Jacquelyn K. Lauhon, and Bernard M. Algard, grantors, and Royal Investment Enterprises, LLC., a Colorado limited liability company, grantee. WITNESSETH, that the grantor, for and in consideration of the sum of Ten Dollars (§10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantees, their successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: COMMENCING AT A POINT 3 FEET NORTH OF THE NORTHEAST CORNER OF LOT 21, BLOCK 11, BERKELEY HEIGHTS, SECOND FILING, THENCE WEST AND PARALLEL TO THE NORTH LINES OF LOTS 21 AND 25, SAID BLOCK II, TO THE NORTHEASTERLY BOUNDARY LINE OF STATE HIGHWAY 72; THENCE NORTHWESTERLY ALONG SAID BOUNDARY LINE OF SAID HIGHWAY TO THE SOUTHWESTERLY BOUNDARY LINE OF COUNTY ROAD (ALSO KNOWN AS OLD ARVADA ROAD) (ALSO KNOWN AS BLUE MOON ROAD); THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY BOUNDARY LINE OF SAID COUNTY ROAD TO THE WESTERLY BOUNDARY LINE OF LAMAR STREET, FORMERLY LA VETA AVENUE; THENCE ALONG THE WESTERLY BOUNDARY OF LAMAR STREET, FORMERLY LA VETA AVENUE, TO THE PLACE OF BEGINNING, ALL IN BLOCKS 11 AND 20, BERKELEY HEIGHTS SECOND FILING, COUNTY OF JEFFERSON, STATE OF COLORADO. TO HAVE AND TO HOLD the same, together with the appurtenances and privileges hereunto belonging in or anywise hereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to. the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. IN WITNESS WEEREOF, the grantors have caused this deed to be executed, the day and year first above written. f l ~ i. Lauhnn lI ~ ()4j. elyn. Lauhon STATE OF COLORADO ) ) as. COUNTY OF~ ) The foregoing instrument as acknowledged before me this I day of ~Tg l ssr , 1998, by Thomas G. Lauhon, Jacquelyn K. Lauhon, and Bernard M. Algard. " Viine4 lmy hand and official seal. MyIpb619ssibn expires Notary Public EXHIBI architecture + design inc VARIANCES BOARD OF ADJUSTMENT, WHEAT RIDGE, CO PROJECT DESCRIPTION 4896 Marshall Street, Wheat Ridge, CO Four Seasons Heating, Inc is a heating and air conditioning contractor located at the above address. The current building houses the business office and warehouse space on the main level and a small shop for creating custom ductwork and more warehouse space on the basement level. Recently, the owners have realized that to keep the business healthy and growing, they must expand the existing facilities. An analysis was undertaken to determine how the building could be expanded and the interior spaces reorganized without disrupting the day-to-day operations of the business. The conclusion was that an addition to the building could be infilled between the existing building and its neighbor to the south. The addition would allow the office area to be enlarged, the shop to be relocated to the main level and the entire basement level to be dedicated to warehouse space. In addition to the building improvements, the parking, lower vehicular access and lot landscaping would be improved. Please consider that in the past, the owner of Four Seasons Heating has previously improved the area by adding trees and planter boxes and by paving and maintaining the front parking area. 1701 Wynkoop Street Suite 235 Denver, Colorado 80202 t: 720.904.9808 f: 720.904.9807 e: Steve@lubowicki.com Request 1 Request for Variance concerning Front Setback Four Seasons Heating, Inc 4896 Marshall Street, Wheat Ridge, CO We respectfully submit to the Board of Adjustment of Wheat Ridge a request for a variance concerning the front setback requirements listed in Sec. 26-218 Commercial- One District, C-l. The business located at 4896 Marshall Street is a Heating and Air Conditioning Contractor. The current building houses the office, warehouse and a small shop that creates custom duct work. The owners of this business and property would like to add to their building as shown on the site plan. When factors such as accessibility, cost and minimal disruption of business are studied, the logical location for the addition is in the vacant area to the south of the existing building. The setback regulation is listed as a minimum of (with three exceptions that are not applicable to this site). If a 50 foot setback was applied, the front of the addition would be 20 feet behind both adjacent buildings. For the business, this would create a smaller and much less efficient addition of needed showroom, office and shop space. For the neighborhood, the flow of the streetscape would be interrupted. We would like to place the addition even with the adjacent buildings. This would maintain the precedent of an even, harmonious street front. Most buildings on this block and the next block to the south have 30-foot setback. This can be verified from the aerial photograph. The majority of the nearby buildings were constructed about 40 years ago and their placement would indicate that the setback regulations at that time were closer to 30 feet The current owner / business operator purchased this property in 1992 and the existing building front was constructed in 1957. We believe that placing the addition 50 feet back would disrupt the existing street front and would create an inferior supply of light and air to the proposed addition. With the other lot improvements (parking and landscaping), this project would certainly improve the immediate neighborhood in appearance and value. We cannot foresee how this setback variance would endanger public safety. Request 2 Request for Variance concerning Tree Requirements Based on Street Frontage Four Seasons Heating, Inc 4896 Marshall Street, Wheat Ridge, CO We respectfully submit to the Board of Adjustment of Wheat Ridge a request for a variance concerning the Tree Requirements Based on Street Frontage listed in Sec. 26- 502 Landscaping requirements, Paragraph D.3.a. The requirement calls for trees to be planted in the setback at a proportion of one tree per every 30 feet of street frontage. The property located at 4896 Marshall Street has three sides which front on a street, and the street frontage is exaggerated due to the irregular shape of the lot. The total length of street frontage is 534 linear feet. The regulation would require 18 trees be planted. This would be in addition to other planting requirements that required trees and shrubs based on square footage of landscaping required. The current owner in an attempt to improve the area on his own has planted twelve trees at the front of the property. Unfortunately, nine of these trees were inadvertently planted beyond the property line. (The Planning Department has suggested that these trees could remain until the Transportation Department expands the road.) The owner wants to upgrade the landscaping on the property but asks for some relief on this issue due to the extraordinary conditions. The costs associated with meeting this requirement will be a burden on the overall quality of the project. As shown on the site plan, thoughtful efforts to improve the landscaping and therefore the character of the neighborhood are proposed. We would appreciate the Board's consideration in reducing the required number of trees under this regulation to eight trees. These eight plus the number required elsewhere would total eleven trees. This proposal does not intend to include the nine trees planted beyond the property line. a 0 W } p } Q L Z d z W OW LL J g W W O 0 > O Z O O W O =W OY 0 ~ ~m 3W a a ~U zm 0 O w o z of ~ W a } m 0 W J _ N Z LL Z Z a z ~ u i 4a F w { i is{{ i { { VO ,cp {i W ~ laai}g Jewel 9979 = EIEMNOaH „ i { { a i { { a a i ::-a:~ v 0* ,W i i, i, , / r 00 aiii{ P \ .05, N6 5ra~~g<ceek 10 Mac ~ OI I I 1 co ° co II M z O O Q Q W O a O a W C7 W z cl) ~ 2 2 cf) g 0 rn O ~ a z( t) : O 00 N CO i M II CI) ~ Y a II 0 m ~ a W U) Z ° o :5 W U U) U) Z H g a ¢ a LL U U) z a w CO a POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: 7J-V7/01, I, Tye 4 L 1914 ~ a' '(name) residing at rKa AA f S-(- (address) as the applicant for Case No. hereby certify that I have posted the Notice of Public Hearing at y$~r6 Aolae~al~~{ ~~ewinclr~ Co (location) on this t7 day of b 20Q_, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. MAP e:\planning\forms\postingcert ' Rev. 616101 a d N ,I ~ a C d d_ a c u 'd u u ~ n K m c ~ Z > • dl N K C 7 - . a d d K I d C' ~ > / d o 1 d 6 N Of O w C N 2E8 d ,f L o m as c 0 r a - N - # d 0 M 0 M 0 M 0 M 0 M 0 M 0 M 8 a N d d N V Q Q Q Q >Q Q Q u tt: O U ~ U - O J e J d O N d M M C M N M ~ E G C E.O CC Ip O yT0 i0 w 0 T.0 d ~ = a _ Cp W d O W N NL V ` (O t O. (nN (A OJ c , C- ~lnN O. N N 00 W .M CS f- C OI d- CL OU - SLO ULO 9Lo E! d 0 C O Q T ~ M W i r - H C fA a U m N U d N a c d J d O Q d a d m L+ LL1 0 ~ a NK d N m Od' m~0: LDCL N _ a aa N d ONN ~ ` lc j~~ ~ >Nd E dim . c~N d0)N m _ N V ~N 2! .O O L O M d'N rG -~M _L SOS V d LL< L N C u Q N S > _ > n ^ . N N 4 N m 1 N Q IC_ c r ~ p K O U ,0 ~ n d EU w m co d ❑ ❑ ❑ ® ❑ ❑ Z of rl vl 1 NI al ~I d n N o N r N m N ` m N o M M C9 Cl) u v v a v v v a v v v e v a v W C Q v v v v v O d m° m m m m m m ~ CO ~ y m m m m m m rn a f• O i o 0 0 0 0 0 0 m o o o m m W= O n r n n O LL N o Q Z a Z z I_o2 LO U a ~I 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 February 13, 2003 Dear Property Owner: This is to inform you of Case No. WA-03-01 which is a request for approval of a 23 foot front yard setback variance from the 50 foot front yard setback requirement resulting in a 27 foot front yard setback and for approval of a partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial-One (C-1) and located at 4896 Marshall Street. This case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on February 27, 2003, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303- 235-2846. Thank you. Planning Division. CADocuments and Settings\kathyRMy Documents\Kathy\BOA\pubnotice\wa0301.wpd etroScan / Jefferson (CO) Owner :Osborn Donald Carl Parcel 003802 Site :4880 Marshall St Wheat Ridge 80033 Xfered :07/23/1992 Mail :2927 Benton St Wheat Ridge Co 80214 Price :$25,000 Use :3112 Ind,Improved Land Phone :303-777-4224 Bedrm: Bath: TotRm:l YB:1927 Pool: B1dgSF :1,558 Ac: .12 * • MetroScan / Jefferson (CO) Owner :Osborn Donald Carl Parcel :003807 Site Mail :4861 Lamar 'St Whe Ridge 80033 Ridge Co 80214 :2927 Bent njS t Xfered Price :07/23/1992 :$40,000 Use '~,gqq :1112 Res, s{lp Land Phone :303-777-4224 Bedrm: 2 Bat .00 1 TotRm: Y3:1910 Pool: B1dgSF :583 Ac: .12 * • MetroScan / Jefferson (CO) • Owner :Anderson Russell E Parcel :003811 Site :6400 W 48th Ave Wheat Ridge 80033 Xfered :11/05/1991 Mail :22993 Valley High Rd Morrison Co 80465 Price :$110,000 Use :5178 Misc,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:4 YB:1922 Pool: B1dgSF :3,361 Ac: 1.30 etroScan / Jefferson (CO) • Owner :City Of Wheat Ridge Parcel :003817 Site :6287 W 48th Pl W at Ridge 80033 Xfered :06/18/1998 Mail Denver Co 80033 :7500 W Price Use :9149 Exemem Po olitical Sub, Land WP Phone Bedrm: B TotRm:2 YB:1940 Pool: B1dgSF :2,295 Ac: 7.63 MetroScan / Jefferson (CO) • Owner :Judy Modglin Trust Parcel :003926 Site :4800 Lamar St Wheat Ridge 80033 Xfered :10/17/2000 Mail :393 State Highway 0 Highlandville Mo 65669 Price Use :5178 Misc,Residential,Mixed Use Land Phone Bedrm: Bath: TotRm:2 YB:1951 Pool: B1dgSF :9,944 Ac: l.ll MetroScan / Jefferson (CO) • Owner :Royal Investment Enterprises Llc Parcel :004046 Site :4896 Marshall St Wheat Ridge 80033 Xfered :07/18/1998 Mail :4896 Marshall St Wheat Ridge Co 80033 Price Use :3112 Ind,Improved Land Phone Bedrm: - Bath: TotRm:l YB:1957 Pool: B1dgSF :3,276 Ac: .56 * MetroScan / Jefferson (CO) • Owner :Hensley Damon L Parcel :089592 Site :4870 Marshall St Wheat Ridge 80033 Xfered :06/15/1998 Mail :4870 Marshall St Wheat Ridge Cc 80033 Price :$28,000 Use :2112 Com,Improved Land Phone :303-421-5549 Bedrm: Bath: TotRm:l YB:1958 Pool: B1dgSF :2,406 Ac: .08 • MetroScan / Jefferson (CO) • Owner :B & B Heating & Air Conditioning Inc Parcel :109719 Site :4892 Marshall St Wheat Ridge 80033 Xfered :05/12/1992 Mail :4892 Marshall St Wheat Ridge Co 80033 Price :$95,000 Use :3112 Ind,Improved Land Phone Bedrm: Bath: TotRm:l YB:1954 Pool: B1dgSF :4,321 Ac: .23 • MetroScan / Jefferson (CO) • Owner :Copper Fields Land Holdings Llc Parcel :164345 Site :4901 Marshall St Wheat Ridge 80033 Xfered :11/21/2001 Mail :4901 Marshall St Wheat Ridge Cc 80033 Price :$1,025,000 Ful l Use :2112 Com,Improved Land Phone Bedrm: Bath: TotRm:l YB:1930 Pool: BidgSF :9,421 Ac: 6.79 * • MetroScan / Jefferson (CO) • Owner :City Of Wheatridge Parcel :188601 Site :4900 Marshall St eat Ridge 80033 Xfered :06/18/1998 Mail :7500 W 29th e Wheat Ridge Co 80033 Price Use :9149 Exe ,Political Sub,Land - Phone Bedrm: Sefh; TotRm: YB: Pool: B1dgSF : Ac: 6.07 Information compiled from various sources. Real Estate Solutions makes no representations or ivarranties as to the accuracy or completeness of information contained in this report. © CIT F OF ooa 14 CITY OF WHEATRIDGE F 0634202 1278' CITY OF WHEATRIOGE WH 19 -G F 0634174 ® A EY HEIGHTS 2nd FILING y ye co ar W, 20E 952' 104' 09 0 48 th N 001 Place 53' X140 LOU-MAR 001 ° 2 A p• PLANNED 23-A 002 D 21 2/ ' wv , I °A NiP11 ~ . COMMERCIAL 25-A AD 4 , AE IH W3 AI OO , y to E p B 25-0 . A~ - I AI ~o DEVELOPMENT S6 2 6 17 ~-A sc I OO SUB. L/-A 30-A m\ P. I UIB - 14•A 1 C \ ~ 165 001 31 13.A I I \ t ?86 32 1t-A 3 ' ' 35 \ G 0• I 33 IIA FWRCEL- 3 _ M M • 3 6 7// 10 i~0. OO o N ` \ ` 3T HWY 72 019 JEFFERSON C 136.2' 450- 276 A Adjoining - 39-242 I 3 WN 0~ SEE W 48TH 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 February 27, 2003, 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-03-01: An application filed by Royal Investments for approval of a 23 foot front yard setback variance from the 50 foot front yard setback requirement resulting in a 27 foot front yard setback and for approval of a partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial-One (C-1) and located at 4896 Marshall Street. Case No. WA-03-02: An application filed by Valerie & Mike Kashefska for approval of a 5 foot side yard setback variance from the 5 foot side yard setback requirement resulting in a 0 foot side yard setback for property zoned Residential-One A (R-1A) and located at 3723 Simms Street. Case No. WA-03-03: An application filed by James Sloan for approval of a 126 square foot variance from the 9000 square foot minimum lot area requirement to allow a two- family dwelling on vacant land zoned Residential-Three (R-3) and located immediately west of 3995 Sheridan Boulevard. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: February 13, 2003 cf wNenr LAND USE CASE PROCESSING APPLICATION of wNeA:P Pm Planning and Development Department g 7500 West 29" Avenue, Wheat Ridge, CO 80033 co o Phone (303) 235-2846 co~oRAa° ~ORA~ (Please print or type all information) Applicant Sf1 ~At~n7 Address ~bq(p I r\ tkRs~ r~A t L St . Phone ; ~IZ3 - 17 i7" City WIA44;~>' v State r i7 Zip ¢2C K 3Fax,u -923 o Owner lZo pcL Ir1VEt,7r ~Gt1 C 'vt4-(. U-LAddress LAS 9 W to aXZ6- t L L S Phone- QQ 3-AZ3 -I49Z City State C O Zip P) 0 Q'3 -3 Fax3Q -a q Z3 - o i z,D Contact 5'f-.A! c_ L v?>o W LK- l Address ('1,7 l ~N~00' S 4~23 S PhonOZ"7 .,q DAY-qR b City T7 F~ tAAyc-' z State L o Zip fS 0 Z. o •L Fax 7 ZQ 07 (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval %Variance/Waiver (from Section Zlv - ZI') A+,- I ❑ Zoning Ordinance Amendment ❑ Other: 5c:u~ 17~-~oZ Z l0(.t Zla -So2~k 3 Detailed description of request: 5s;7-: f`c k t\C Required information: Assessors Parcel Number: 3~ - I Zia - o 6 - oC) I Size of Lot (acres or square footage): Z-3, RC~ t~ Current Zoning: G' Proposed Zoning: Current Use: Fi 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 o s must submit power-of-attorney from the owner which approved of this action on his behalf. Q1E N C G,P ~ ~.~LLc Signature of Applicant labscribed and s ~o to me this 3 1 da of C1l2Q~✓ 0-cl i • ub tc / F CO~• y commission expires y Date received C 3 Fee $ -x'70 6c --Receipt No. 6b~& Case No. Gt/~- Q,'-C, Comp Plan Desig. Zoning - / Quarter Section Map .54) 43 Related Case No. Pre-App Mtg. Date Case Manager L' 2 ~z(l Request 3 Request for Variance concerning Required Landscape Areas Four Seasons Heating, Inc 4896 Marshall Street, Wheat Ridge, CO We respectfully submit to the Board of Adjustment of Wheat Ridge a request for a variance concerning the Required Landscape Areas listed in Sec. 26-502 Landscaping requirements, Paragraph D.3.c The requirement calls for not less then 20% of the gross lot area to be landscaped. The computer generated lot area according to the survey is approximately 23,800 sqft. (It should be noted that the Jefferson County Assessor lists the lot as 24,753 sgft.) The required landscaping area would be 4760 sqft. Due to the layout of the business operations, the building footprint and required parking and access, the required 20% of landscaping is not available on the property. To achieve the 20% would be infeasible both in cost and the loss of an efficient business operation. We would like to propose that the owner could emphasize placement and quality of landscaping over the required quantity. As shown on the site plan, we will create a buffer zone of fences and landscaping at the north property line with additional landscaping at the comers of the property. We would appreciate the Board's consideration in reducing the required square footage of landscaping to what is shown on the site plan. The proposed project and landscaping will greatly improve the neighborhood over the current state. FROM : lubowicki architecture+design FAX NO. : 720-904-9807 Feb. 14 2003 03:44PM P1 architecture + design inc ~2W : ~oF~~ Zo 12 EP - ~ 202,5 az~4.s ~ ~z4 Facsimile Date: 2.14.03 To= Travis Crane Company: Wheatridge Planning Fox 303.235..=7 Pages: 2 From: Steve Re: 4896 Marshall The existing building area per field dimensions: Main Level = 4158 sgft Basement= 4168 so. Total - 8316 sgft. Proposed addition = 3198 sgff. Call with any other questions, Steve Y Lac) 2,1 3b rt v i- (371.sT1 2213. s ~Sl'~P~ (Z24 % Px C?\C5 R\d) -~tal 17o o LEI. N--~ Z"L 11 514 vf% r \.S rcy d ' 1~b~o • 4. C aor ~ CxC,d "135 i$i xa0~ 1701 Wynkoop Street Sulto 235 Denier, Colorado 80202 f: 720.904.9908 f: 720.904.9607 e: sieve®lubowicki.com FROM : lubowicki architecture+design FAX NO. : 720-904-9807 Feb. 10 2003 01:07PM P2 architecture + design inc Parking Summary 4896 Marshall Street, Wheat Ridge, CO Note: All floor area calculations are made per Sec 26$01 B. Office area including renovation of existing area and proposed addition: 2400 sgft 1300 scift = 8 parking spaces Shop area: 1900 sqft. / 500 so = 3.8 parking spaces Warehouse area basement and main level: 2800 sgft. + 600 scift 1600 scift = 5.7 parking spaces Total parking required =18 spaces with 1 space to be handicap van accessible. Existing parking =15 spaces r'L~ I[~-- InIr~j r~vu" y,~Ow~F,FE, SHOP ~iL MAIN LEVEL N.T.S. 1701 Wynkoop Street Suite235 Denver, Colorado 80202 t: 720.904.9808 f: 720.904.9807 e: sleve@Wbowk:ki.com BASEMENT LEVEL N.T.S. u 00 W W W O U w u a u w F a rc O z 0 aF aw w u p Ow J4 a w O J w 2 FQ F Q 0 a w ~w u7 J b c =ls 6 0 u m i ~ W F Z U _ O N LL _a F rc W j m w 0 U N o ° z a a °w N o w < o 0 V w U m ° O H N ° U ; J to 3 F . O a w41 c a > Q .Z N O a a J ~ i P P ~ r h r ~ry O c 'M"0'y OZ t"JiS JDW-j 31J-60-OOS .59'Z9 /gcSOS6og ogv All sx+Q° aaAS 40 ~o N s~ as W°w k a Y 0 lV - f~ m ooa) y41ny-o o~ 9,W E ra>c73 " 3E O C 0 N Y 0-0 Y i E p w c N a j a y 0 C @ v w>Eo ~co O -N'~p : O o C C . c Qr (CD H k 0 0 o °~+'tO m E ¢~c i a N > a) c a W y W. .0 m a) a>Un `w° Y E2CU° ~LU c -ac0c ` ° m 2 r 0 o a IGGJ 00L 00 0 " Jefferson County Assessor System Colorado Tax +Value lnformation Assessor Assessor Home Land Ted' cow eI ew eS arcl-i Imp 100 Jefferson County Pkwy Golden, Colorado 80419 303.271.8600 1111Date assessed:4-1 8-200 111 w 3126 v 11 Page 1 of 1 information is prepared as an ongoing commitment to the public to prov rate, quality and up-to-date information to the public. is an informational service and will be maintained during normal busine s, 8 a.m. to 5 p.m., Mondays through Fridays. If any service interruption cc occurs during non-business hours, the problem will be addressed at th ring of the next business day. 1 County makes every effort to produce and publish the most current property information possible. Jefferson County assumes no liability ver associated with the use or misuse of this public data. Send mail to assessor@co.jefferson.co.uswith questions or comments about this Web Site. Copyright O 2000, Jefferson County, Colorado. All rights reserved. Last modified: May 01, 2001 http://ww4.co.j efferson.co.us/appslservletlats. atsdisplay?search=5&sch=004046&ptype=2... 2/14/2003 City of Wheat Ridge Planning and Development Department Memorandum TO: Travis Crane, Planner FROM: Darin Morgan, Codes Administrator SUBJECT: 4896 Marshall Street, Building Addition DATE: February 6, 2003 Based on the proposed site plan and you telling me there are windows in the north wall of the existing structure to the south of the above address, we will need to designate an assumed property line between the two building. Due to the windows there are two options, Per UBC table 5-A an imaginary property line must be established at a point 10 feet north of the existing building to the south. The proposed addition to 4896 Marshall St can be built to this property line if it meets one-hour fire resistive construction requirements and no openings in south wall. Per UBC table 5-A if they can prove the windows in the existing building are fire rated assemblies the imaginary property line can be established 5 feet north of the existing building to the south. The proposed addition to 4896 Marshall St can be built to this property line without fire resistive construction restrictions and may have openings in the south wall if they are one-hour rated assemblies. Depending on the use and/or occupancy of the structure to the south there could be stricter requirements imposed on the proposed addition, we need a detailed description of what happens in the exiting building to be sure. Case No.: A0301 v Quarter Section Map N App: Last Name: Royal Investments Related Cases: App: FirstN ame: c/o Steve Lubowicki Case Histor y: Owne r. Last Name: Lauhon Owner: First Nam e: ay App Addre ss: 1701 Wynkoop St., #235 Review Body: City, State Z ip: Denver, CO 80202 App: Pho ne: 20-904-9808 APN: Owner Address: 896 Marshall St.- 2nd Revie w Body: City/St ate/Zip: heat Ridge 2nd Review Date Owner Phone: 303-423-1982 Decision-making Body Project Address: 696 Appro val/Denial Date: Street Name : Marshall Street City/State, Zip: heat Ridge, CO 80033 Reso/Ordinance No.: Case Disposition: Project Planner: Crane File Lo cation: Fictive Not es: I Follow- Up: I CITY OF WHEAT RIDGED 02.10710!3 12.09 PM ROYAL IHVESTIIENT5 EN RECEIPT WO-C014560 AMOUNT FM151"' ZONING APPLICATION F 200.00 ZONE PAYMENT RECEIVED AMOUNT CK 2042 200.00 TOTAL 240.4) 0.: FW13 1 F ce to front yard k requirement and ce to landscape ments BOA - 2127103 39-133-08.001 BOA - 2127/03 Conditions of Approval: District: II_ Date Rec eived: 213/2003 Pre-App Date: F_ CITY OF WHEAT RIDGE 02i07r03 12°49 FIN cdG ROYAL INVESTMENTS EN RECEIPT NO.-C014561 AMOUNT Fh15D ZONING REINDURSE1E- 90.00 ZREIM PAIMENT RECEIVED AMOUNT CK 20433 90.00 TOTAL 90.00