HomeMy WebLinkAboutWA-03-027500 West 29th Avenue
Wheat Ridge, Colorado 80033
Telephone 303/235-2846
FAX 303/235-2857
March 12, 2003
Valerie & Mike Kashefska
3723 Simms St.
Wheat Ridge, CO 80033
Dear Mr. & Mrs. Kashefska:
RE: Case No. WA-03-02
Ridge
Please be advised that at its meeting of February 27, 2003, the Board of Adjustment APPROVED
your request for 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 for the following reasons:
1. Granting the request will not alter the essential character of the locality. There seem to be
a number of sheds abutting fences in that neighborhood.
2. Granting the request will mean that existing landscaping may not be removed.
3. There will be no impairment of adequate supply of light and air.
4. Granting the request will not increase congestion in public streets nor increase fire danger.
5. Utility companies holding easements on the property have stated they have no objection to
the project.
6. Staff recommended approval.
Enclosed is a copy of the Certificate of Resolution, 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,
7
Kathy Fiell c
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
The City of
Wheat
cc:
Building File
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. or
Valerie and Mike Kashefska DKAFI
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
Vance Kolesar
11626 West 37 lb Place
Mr. Kolesaar was sworn in by Vice Chair HOVLAND. He stated that his property line
abuts the proposed shed. He stated that the new shed would be an improvement and
indicated he was in favor of the application although he would be opposed to any part of
the shed overhanging the fence. He also commented that the situation of storage sheds
built next to the lot line is very common in this particular neighborhood.
Board Member ECHELMEYER commented that he walked this neighborhood and found
at least eight instances of storage sheds being built against or within eighteen inches of a
fence.
Upon a motion by Board Member BLAIR and second by Board Member ABBOTT,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-03-02 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-
03-02 be, and hereby is, APPROVED.
Type of Variance: 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. DFIX"hAFT
For the following reasons:
1. Granting the request will not alter the essential character of the locality. There
seem to be a number of sheds abutting fences in that neighborhood.
2. Granting the request will mean that existing landscaping may not be removed.
3. There will be no impairment of adequate supply of light and air.
4. Granting the request will not increase congestion in public streets nor increase
.'fire danger.
Board of Adjustment Page 5
02/27/03
5. Utility companies holding easements on the property have stated they have n
objection to the project.
6. Staff recommended approval.
It was moved by Board Member HOWARD and seconded by Board Member
ABBOTT to amend the motion to change the variance to a 3.5-foot setback.
Board Member ABBOTT suggested a condition could be added to require that no
overhang be allowed over the fence. Meredith Reckert explained that the City would not
allow an overhang to exist and further, approving the variance as requested would allow
the applicant some flexibility. For instance, it may be necessary to provide only 12
inches between the shed and the fence.
Board Member ABBOTT commented that he preferred 0 rather than 18 inches because
18 inches allows room for storage of junk and accumulation of leaves, etc.
Mike Kashefska returned to the podium to state that he preferred the variance'be issued
for five feet as originally requested.
A vote was taken on Board Member HOWARD's motion to amend the resolution.
The motion failed by a vote of 2 to 3 with Board Members ABBOTT, BLAIR and
ECHELMEYER voting no.
The original motion passed 4-1 with Board Member HOWARD voting no, and
Board Members DRDA, MONTOYA and YOUNG absent.
C. Case No. WA-03-03: An application filed by James Sloan for approval of a 126
square foot variance from the 9,000 square foot minimum lot area requirement to
allow a two-family dwelling on vacant land zoned Residential Three and located
immediately west of 3995 Sheridan Boulevard (approximately 5250 W. 415`
Avenue).
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 denial of the request for reasons outlined in the staff report. In conclusion,
he entered a letter into the record which was faxed to the Planning Department the
morning of the hearing. The letter was from Ann. Ver Valin of 4100 Ames Street,
Mountain View expressing concerns about setbacks, parking area and Mountain View
right-of-way directly north of the subject property.
In answer to a question from Board Member HOVLAND, Mr. Pesicka stated that the
subject property is a lot of record.
Board of Adjustment
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 27th day of February, 2003.
CASE NO. WA-03-02
APPLICANT'S NAME: Valerie and Mike Kashefska
LOCATION: 3723 Simms Street
Upon a motion by Board Member BLAIR and second by Board Member ABBOTT, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-03-02 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-03-02 be, and hereby is, APPROVED.
TYPE OF VARIANCE: 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.
FOR THE FOLLOWING REASONS:
1. Granting the request will not alter the essential character of the locality. There seem to be a
number of sheds abutting fences in that neighborhood.
2. Granting the request will mean that existing landscaping may not be removed.
3. There will be no impairment of adequate supply of light and air.
4. Granting the request will not increase congestion in public streets nor increase fire danger.
Board of Adjustment
Resolution WA-03-02
Page two (2)
5. Utility companies holding easements on the property have stated they have no objection to
the project.
6. Staff recommended approval.
VOTE: YES: ABBOTT, BLAIR, ECHELMEYER, HOVLAND,
NO: HOWARD
ABSENT: DRDA, MONTOYA, YOUNG
DISPOSITION: A request for 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 was APPROVED.
ADOPTED and made effective this 27th day of February, 2003.
1~144 4 Zo
aul ovland, Vice hair
Board of Adjustment
w ASecret ~Ann La zzeriy
Board of Adjustment
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PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
February 27, 2003
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.
(Please print)
Name Address In Favor/Opposed
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: February 27, 2003 DATE PREPARED: February 20, 2003
CASE NO. & NAME: WA-03-02/Kashefska
CASE MANAGER: Michael Pesicka
ACTION REQUESTED: 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 variance for property zoned
Residential-One A (R-1A).
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT (S):
3723 Simms Street
Wheat Ridge, CO 80033
Valerie & Mike Kashefska
3723 Simms Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER (S): same
APPOXIMATE AREA: 10,200 square feet (.23 Acres)
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
Residential-One A (R-1A)
Single-family residence
N, S, E &W: Residential-One A
N, S, E &W: Low Density Residential
DATE PUBLISHED: February 13, 2003
DATE POSTED: February 13, 2003
DATE LEGAL NOTICES SENT: February 13, 2003
ENTER INTO THE RECORD:
(X)
CASE FILE & PACKET MATERIALS
(X)
ZONING ORDINANCE
( )
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.
Board of Adjustment
WA-03-02/Kashefska
I. REQUEST
The property in question is located at 3723 Simms Street, and is currently a single-family residence. The property
is zoned Residential-One A (R- IA), (Exhibit 1 Zoning Map).
The applicants (owners), Valerie & Mike Kashefska, (Exhibit 2, Deed, Exhibit 3, Application), are requesting
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 variance (Exhibit 4, Applicant Letter) to construct a 120 square foot shed. The applicant came
in to apply for a building permit, and it was at that time that staff realized the shed did not meet the setback
requirement.
H. SITE PLAN
The applicant has submitted a survey showing the proposed location for the shed (Exhibit 5, Survey).
The property in question is approximately 10,200 square feet in area, which exceeds the minimum
requirement of 9,600 square feet for a single-family residence on a comer lot in the R-IA zone district.
The property has 120 feet of frontage on Simms Street, and 85' of frontage on W. 37a' Avenue, which
exceeds the minimum requirement for a single-family residence on a comer lot in the R-lA zone district.
Pursuant to Section 26-206(B)O), corner lots are required to have a minimum of 80 feet per frontage.
There is a 5-foot utility easement that runs along the west and north property lines of the lot in question.
The applicant has submitted letters from Xcel Energy and Qwest Communications .(Exhiblt Letters
From Utilities) stating that they have not issues with the shed being placed in the utility easement.
III. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
I. 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 still receive a reasonable return in use. The property is
currently utilized as a single-family residence, and this use may continue.
2. If the variance were granted, would it alter the essential character of the locality?
The size of the proposed shed is 120 square feet, and the current shed is located in the same area
where the applicant is proposing to locate the new shed. Impact to the character of the locality will
be minimal since the impact to the neighborhood was already in place from the previous shed. The
existing metal shed could remain in place in perpetuity, even though it does not meet the setback
requirement.
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?
Board of Adjustment
WA-03-02/Kashefska
The lot in questions is a comer lot without significant depth. Front yard setback requirements from
both street frontages are 30 feet. This setback requirement consumes approximately 5,280 square
feet of usable area of the lot. Also, the applicant has stated that existing an existing evergreen hedge
along the west property line, and flatwork would need to be removed in order to place the shed
elsewhere on the property (Exhibit 7, Site Plan).
4. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
The applicant, who has sole interest in the property, has created a self-imposed hardship by
proposing a structure that does not meet setback requirements for the district. A shed does
currently exist on the property, and the applicant is proposing to place the new shed in the same
location. Pursuant to Section 26-120(C)(2) "If any structure or nonconforming portion thereof is
demolished or reconstructed by the owner to an extent of more than fifty (50) percent of its
replacement cost, it shall not be reconstructed except in conformity with the applicable provisions
of this chapter."
5. Would the granting of the variance be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is
located, by, among other things, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or
increasing the danger of fire or endangering the public safety, or substantially
diminishing or impairing property values within the neighborhood?
The requests would not be detrimental to the public welfare or injurious to other properties in the
area. The adequate supply of light and air would not be compromised as a result of 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?
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
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 this request that would warrant
approval of a variance. Therefore, staff recommends APPROVAL for the following reasons:
1. Granting the request will not alter the essential character of the locality.
2. Existing landscaping will need to be removed if the request is not granted.
3. The request will not impair the adequate supply of light and air.
4. Granting the request will not increase congestion in public streets, nor increase the
danger of fire.
Board of Adjustment
WA-03-02/Kashefska
XHIBIT I
5E 20
l
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
PARCEULOT BOUNDARY
(DESIGNATES OWNERSHIP)
NE 29
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
O 100 200 AO 400 Feet
MWj~
L
DEPARTMENTOF MAP ADOPTED: June 15, 1994
PLANNING AND DEVELOPMENT
Last Revision: September 10, 2001
5E 29
EXHIBIT 2
DEED OF TRUST
THIS INDENTURE, made this 31st day of August, 2001 between
MICHAEL L KASHEFSKA
VALERIE J KASHEFSKA
whoseaddreuis 3723 SIMMS ST
WHEAT RIDGE, CO 80033
hereinafter referred to as grantor, and the Public Trustee ofthe SAID 'Countyof
JEFFERSON , State of Colorado, hemmafterrefened to as Public Trustee,
WITNESSETH, THAT, WHEREAS, MICHAELLKASHEFSKA
VALERIE J KASHEFSKA
has matted a promissory note or notes. hereinafter referred to In Me singular. dated August31,2001
prinupalsum of TEN THOUSAND FIVE HUNDRED SIX AND 43/100 DOLLARS
payabiew Meorderof BELLCO CREDIT UNION
for the
Dollars.
whose address is PO BOX 370028
DENVER, CO 80237-0028 after Me data hereof. with Interest thereon from the date thereof
at the rate of 7.000 per cent perannum, payable -IN SS MONTHLY INSTALLMENTS OF
TWOHUNDREDTEN AND 971100 DOLLARS-($ 210.97)°
AND 1 INSTALLMENT OF -TWO HUNDRED ELEVEN AND 021100 DOLLARS
-COMMENCING ON September30, 2001 AND CONTINUING
THEREAFTER UNTIL PAID IN FULL.
AND, WHEREAS, Me grants b demmus of securing payment of Me principal and Interest of could promissory note In whose hands soever Me saM
note may be.
NOW THEREFORE, the grantor, In cunslderallon of Me premises and for Me purpose afaresati, does hereby grant bargain, sell and convey unto
Me said Public Trustee in at forever Me following described property, situate in the SAID County of
JEFFERSON , state of Colorado, to wit _
LOT 52,
APPLEWOOD ESTATES,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
alsoknownbystreetandnumberas 3723 SIMMS ST, WHEAT RIDGE, CO 80033
TO HAVE AND TO HOLD Ma same, togemerwith
Mat In case of default In the payment of said note or any
note. or in Me nomad of am, odor encumbrances. odnci
u resew may
a notion of
Me ame to be mambo In Me recorders office of Me county in which Said property Is situated. The Public Tmsteeshall Men give public notice Oftee t
antlsplace of sale by advertisement to be published for four weeks (once each week for five successive weeks) In some newspaper of general ciroulagc
Me time published In Me county or counties N which said property is located. A copy of such notice shall be mailed within ten days after Me date of Me
first publicetion Meand to Me grantor at Me address given hereon, to such persons appearing to have acquired a subsequent record interest In said pre
at Me address given In Me recorded instrument, and to any other persons as may be provided by law. It shall and may Men be lawful for Me Public Tau
to sell said property for Me highest and bast price the same will bring in cash and to dispose of Me same (en masse or in separate parcels, as Me said
Public Trustee may think best), together with all the right, tue and interest of the grantor therela, at public suction at any place as may be specified by
tlMh,M and resamm~tl In Me rmia of sale. The Public Trustee shall make and aim to the pmchaserotouch Property, at such sale, a mr0kate In wdlli
same shah
shall, upon
and for the
stated. The Public Trustee
person argued to a deed to
iaM
due
of said note. Me
all moneys advanced by such beneficiary or legal holder blood note for Insurance, taxes and assessments, with lnterestmemon at 7.000 percentile,
annum, rendering Me overplus, A any, unto those parsons entitled thereto a as matter of law. Said sale and said deed so made shall be a perpetual bar, both
In law and equity, against the grantor and all other persons claiming Me said property, or any part thereof, by, from, through or under the grantor. The
holder of said note may purchase said property, or any part thereof, and it shell not be obligatory upon the purchaser at any such sale to see to Me
application of Me purchase money.
If in Denver, Insert 'City and'.
Page 1 of 2
GF WN,gT WHEq
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(Please print or type all information)
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Applicant I ] Q ' c Address 7~~ 3~ 5 S Phoner,
City State / Zip 872-223 Fax
2!7 ~I>M S 51 Phone, -
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Contact Address, 376~?3 c5imm5 Phone' ~6~ ~,O~
City ~ State Zip /2 7- Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, and will receive a copy of the staff report prior to Public Hearing
/
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Location of request (a
ress): (37~?~3 c
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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 ❑ emporary Use, Building, Sign
V
ariance/Waiver (from Section )
❑ Site Development Plan approval `
❑ Other:
❑ Zoning Ordinance Amendment
)
Detailed d scription of request: e ( 7 3 a rJ
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: 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 owners must submit power-of-attomey from the owner which approved of
this action on his behalf. ~
N A• F
iF
Signature of Applican t I
Sub nbe ds rn to a this day of ~[0 > 204,3
N~ jDUBL1G
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OF COLON o ary Publfic!
commission ex
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Date received Fee$ 6`~ Receipt No. 5(0 Case No. W-03-G~
Comp Plan Desig. Zoning A< /rj Quarter Section Map /VF-2
Related Case No. Pre-App Mtg. Date Case Manager ~ts:Z E
y
EXHIBIT 4
This letter is to help explain why I would like to place a shed on the Northeast side of our
property and why the Northeast side is the only place left that is suitable for the
placement of the shed. I would also like to state that I have followed all the procedures
and regulations in order to get a storage shed on my property and hope you will take that
into consideration when determining if the variance will be granted. First, when I went in
to apply for the permit for the shed, the city of Wheat Ridge permit department said that
where we had requested the shed to be placed was in an area that is designated as an
easement for the utility companies. The person at the office said that if I needed to place
the shed on the easement I would have to contact the utility companies and have them
evaluate my property, apply for a variance, and provide a letter stating my reasons for the
placement of the shed.
The reason we need to place the storage shed on the Northeast side of our property is
because we live on a corner lot where we would need to have a 30 ft easement from the
street. This would include the east and south sides of our yard. This thirty foot easement
encompassed most of my property located in our front yard. What is left of the back yard
is very small is taken-up by a covered patio, a RV parking slab, shrubs, trees and other
plant. The largest section of our back yard is restricted from building on because of the
power lines running from the power line pole to the house. The only place left is the
Northeast area located in the utility easement section. One last point to mention about the
location for the new shed is that is would be replacing an old metal shed. The Permit
department would have gladly given me a permit to add onto the existing shed. However,
I feel that adding on to the existing shed would look tacky since it is an old metal shed
which is rusted and out dated.
When I called Excel they agreed to look over my property and for me to show them
where I wanted to put the shed. On their visit they brought one of there top inspectors to
view my property. The official from Excel said that since no power lines are located over
the proposed area, and that the power line pole was not located on my property that Excel
Energy would not need access to our property. Excel also wrote a letter stating the fact
that they would not have a problem with us installing a storage shed on the easement.
Next Qwest agreed to come out to review the easement and their equipment lines. Qwest
stated that their equipment was located under ground and that none of their wires were
located on our property and that Qwest would not have a problem with the storage shed
located on the easement and the Qwest official also wrote a letter confirming this fact.
The manager from Qwest also went on to state to me, after finding out that it was a Tuff
Shed going in, that they can easily be moved for a short period of time if they ever
needed to get to that part of the property.
EXHIBIT 5
85'
CONCRETE
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WEST 37TH AVENUE
N
EXHIBIT 6
RE.
Valerie Kashefska
3723 Simms Street
Wheatridge, CO 80033
City Of Wheatridge Colorado
To Whom It May Concern:
Valerie is in process of building a new shed on the Northeast
corner of her property.
According to our records, she is not infringing on any right of
way for Qwest Communications.
Should you have any further concerns please call me at 303-458-
2133.
Sincerely,
Michael R. Deyle
Field Operations Supervisor
Installation and Maintenance
4980 Tabor St.
Wheatridge, CO 80033
01/31/03
Xcel EnergysM
PUBLIC SERVICE COMPANY
January 29, 2003
Ms Valerie Kashefska
3723 Simms St
Wheat Ridge, CO 80033
RE: Easement and electric line encroachment
Dear Ms Kashefska,
5460 West 60th Avenue
Arvada, Colorado 80003
This letter is to inform you that the erection of a shed in your back yard will not interfere
with the operation or maintenance of the existing overhead electric lines that serve your
area as these conductors end approximately 20' from the proposed shed location. Xcel
Energy has no other gas or electric underground facilities at this location nor is there an
easement upon which your shed will encroach.
If you should have any questions please feel free to contact me at the number below.
Sincerely,
Craig Coon
Manager, Design Layout
North Metro Area
Xcel Energy
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EXHIBIT 7
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WEST 37TH AVENUE
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POSTING CERTIFICATION
CASE NO. 7J
PLANNING COMMISSION / CITY COUNCIL / POARD OF ADJUSTMENT (Circle One)
HEARING DATE:l71_/Ci rl!
I,
(name)
residing at, -,S i74 s
(address)
as the applicant for Case No. ILI R - 03- CR , hereby certify that I have posted the Notice of
Public Hearing at
(location)
on this S day of 204al_, 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 thiscase and will be placed in the
applicant's case file at the Department of Planning and Development.
MAP
e:lplan ningWormslposti ngeert
Rev. 6/6/01
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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-03-02 which is a request 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-IA) and located at 3723 Simms 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 SettingsTathyAMy Documents\Katby\BOA\pubnotice\2003\wa0302.wpd
109.72' 80' 117 0 5
'N C 005
W 37 1 h. P1.
6
75.55 75' 54 85'
75 56 WOOD 53 0 006
APPS. 1~,
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7R N 076 077 078 a cn
75 75' 75' ✓ 85' /
49 50 51 V 52
)82 a 081 060 - 079 N
7-A o
007 m
7-8 L/ 8
008
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75 75 9
N
009 ti
W. 37 th. Ave cu
75' 7 75 , 85' E
44 S E S 41 E 10$ 10-A
b
,q3-6 3-A 42 0 ° 010
087 Al 088 - 089 - 30' 30'
75' 7' 7' ll
r 011 ti
37 38 39 40 zo'
093 092 091 °x, ® ° s 12-A
I ti 012
coo
128 0 20'
75' 75' 75' 5
N 10 13'A o
N W. 36 th.~ Ave. N ~ 013
Owner
:Kirschbaum Roberta A
Parcel
:030769
Site
:11636 W 37th 21 Wheat Ridge 80033
Xfered
:05/08/1997
Mail
:11636 W 37th Pl Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
:303-424-7670
Bedrm:
4 Bath:1.75 TotRm: YB:1965 Pool:
B1dgSF
:2,022 Ac:
• MetroScan / Jefferson
(CO) •
Owner
:Quaratino Rosemary
Parcel
:030822
Site
:3732 Simms St Wheat Ridge 80033
Xfered
:01/28/1986
Mail
:3732 Simms St Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
:303-421-3701
Bedrm:
4 Bath:2.25 TotRm: YB:1964 Pool:
B1dgSF
:1,720 Ac:
MetroScan / Jefferson
(CO)
Owner
:Lee Gertie M
Parcel
:030855
Site
:11656 W 37th P1 Wheat Ridge 80033
Xfered
:02/18/1977
Mail
:11656W 37th P1 Wheat Ridge Co 80033
Price
:$66,000
Use
:1112 Res,Improved Land
Phone
:303-423-4001
Bedrm:
Bath:1.75 TotRm: YB:1963 Pool:
B1dgSF
:1,519 Ac:
*
• MetroScan / Jefferson
(CO) •
Owner
:Burch Wayne D/Susan L
Parcel
:065306
Site
:3722 Simms St Wheat Ridge 80033
Xfered
:11/12/1999
Mail
:3772 Simms St Wheat Ridge Co 80033
Price
:$224,900 Full
Use
:1112 Res,Improved Land
Phone
Bedrm:
Bath:3.00 TotRm: YB:1966 Pool:
B1dgSF
:2,122 Ac:
*
MetroScan / Jefferson
(CO) •
Owner
:Knutson Gene D
Parcel
:065309
Site
:3673 Simms St Wheat Ridge 80033
Xfered
:03/25/1996
Mail
:3673 Simms St Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
Bath:1.75 TotRm: YB:1966 Pool:
B1dgSF
:2,050 Ac:
• MetroScan / Jefferson
(CO) •
Owner
:Salankey George A
Parcel
:065325
Site
:3692 Simms St Wheat Ridge 80033
Xfered
:06/28/2002
Mail
:3692 Simms St Wheat Ridge Cc 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
4 Bath:2.50 TotRm: YB:1966 Pool:
B1dgSF
:1,365 Ac:
• MetroScan / Jefferson
(CO) :
Owner
:Rome Mary F -
Parcel
:068195
Site
:11634 W 37th Ave Wheat Ridge 80033
Xfered
:02/04/1983
Mail
:11634 W 37th Ave Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
Bath:1.75 TotRm: YB:1967 Pool:
B1dgSF
:1,916 Ac:
MetroScan / Jefferson
(CO) •
Owner
:Kashefska Michael L
Parcel
:068196
Site
:3723 Simms St Wheat Ridge 80033
Xfered
:08/26/1998
Mail
:3723 Simms St Wheat Ridge Co 80033
Price
:$205,000 Full
Use
:1112 Res,Improved Land
Phone
°
Bedrm:
4 Bath:2.50 TotRm: YB:1967 Pool:
B1dgSF
:2,426 Ac:
• MetroScan / Jefferson
(CO) •
Owner
:Jenkins Marie E
Parcel
:068199
Site
:3712 Simms St Wheat Ridge 80033
Xfered
:07/21/1997
Mail
:3712 Simms St Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
4 Bath:1.75 TotRm: YB:1967 Pool:
B1dgSF
:1,639 Ac:
• MetroScan / Jefferson
(CO) •
Owner
:Sailsbery Archie D
Parcel
:070415
Site
:3662 Simms St Wheat Ridge 80033
Xfered
Mail
:3662 Simms St Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
4 Bath:2.25 TotRm: YB:1968 Pool:
B1dgSF
:1,595 Ac:
MetroScan / Jefferson
(CO) •
Owner
:Brookes Family Trust
Parcel
:070416
Site
:11635 W 37th Ave Wheat Ridge 80033
Xfered
:09/18/1991
Mail
:11635 W 37th Ave Wheat Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
2 Bath:1.75 TotRm: YB:1968 Pool:
B1dgSF
:1,196 Ac:
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
"
MetroScan / Jefferson
(CO)
Owner
:Kolesar Vance M
Par~".:1
:070417
Site
:11626 W 37th P1 Wheat R
idge 80033
Xfered
:08/02/2001
Mail
:2705 Clover Rd Golden C
o 80401
Price
:$296,000 Full
Use
:1112 Res,Improved Land
Phone
Bedrm:
3 Bath:1.75 TotRm:
YB:1967 Pool:
B1dgSF
:1,780 Ac:
MetroScan / Jefferson
(CO) :
Owner
:Blaszczysyn Irena
Parcel
:079086
Site
:11655 W 37th Ave Wheat
Ridge 80033
Xfered
:05/03/1993
Mail
:11655 W 37th Ave Wheat
Ridge Co 80033
Price
Use
:1112 Res,Improved Land
Phone
Bedrm:
- Bath:1.75 TotRm:
YB:1969 Pool:
B1dgSF
:2,028 Ac:
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on February 27, 2003, at 7:30 p.m. in the Council Chambers of
the Municipal Building at 7500 West 29`s 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-IA) 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
Case No.:
A0302 _
Quarter Section Map N
App: Last Name:
Kashefska
Related Cases:
App: First N ame:
[Valerie & Mike
- Case Histor y:
Owne r: Last Name:
ame
Owner: First Nam e:
App Addre ss:
3723 Simms St.
Review Body:
City, State Z ip:
heat Ridge, CO 80033
App: Pho ne:
303.467-3428
APN'
Owner Address:
ame
2nd Revie w Body:
City/St ate/Zip:
I
2nd Review Date
Owner Phone:
ame
Decision-making Body
Project Address:
3723
+
Appro val/Denial Date:
.
Street Name
imms Street
City/State, Zip:
heat Ridge, CO 80033 .
Reso/Ordinance No.:
Case Disposition:
~CAISi
Project Planner: Pesicka
File Lo cation: ctive
Notes:
Follow- Up:
o.: NE29'
ftside yard setback
ariance resulting in a 0 ft
etback variance to allow
ora shed
BOA - 2/27/03
39-291-06-079
BOA - 2127103
Conditions approval:
I--
District: III..
Date Rec eived: 21312003
Pre-App Date: I
CITY OF WHEAT RIDGE
02107/07, 12:14 PM cab
VALERIE KASHEFSKA
RECEIPT NO.C0145K AMOUNT
FMSD ZONING APPLICATION F 200,00
ZONE
F115D ZONING REIMBURSEMENT 90.00
ZREIM
PAYMENT RECEIVED AMOUNT
CK L149 290.06
TOTAL 290.00