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Home My WebLink AboutWA-03-107500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 June 4, 2003 David & Marilyn Roll 4676 Upham St. Wheat Ridge, CO 80033 Dear Mr. & Mrs. Roll: RE: Case No. WA-03-10 Please be advised that at its meeting of May 22, 2003, the Board of Adjustment APPROVED your 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 AND a 1-foot side yard setback from the 5-foot side yard setback requirement resulting in a 4-foot side yard setback for property zoned Residential- Two (R-2) and located at 4676 Upham Street for the following reasons: 1. Granting of the request would not alter the essential character of the locality. 2. The majority of the Board finds that a hardship occurs related to the intent of the ordinance in that the lot is substandard to lot size and lot width requirements of the R-2 zone district. 3. The applicant is limited in alternative placements due to existing structural improvements and mature landscaping. 4. The request will not impair adequate supply of light and air to neighboring properties. 5. Granting of the request will not increase congestion in the public streets nor increase fire danger to adjacent properties. 6. Letters in favor of the proposed variance have been submitted by neighbors immediately adjacent. 7. Although no precedent, in the legal sense of the word, has been established, according to the city's land use atlas there have been other side yard setback variances granted in the vicinity over the years. 8. The requested side yard setback of the storage structure will be an improvement from the existing 2-foot setback of the existing storage structure. 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, May 22, 2003. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, November 18, 2003, unless a building permit has been submitted. David & Marilyn Roll Page 2 June 4, 2003 Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fiel Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: UUA-03-10 (case file) Building File CADocuments and Settings\tathyf\My Documents\Kathy\BOA\CORRESP\2003\wa03 I Oapproval.wpd COPY 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 22nd day of May. 2003. CASE NO: WA-03-10 APPLICANT'S NAME: David and Marilyn Roll LOCATION: 4676 Upham Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-10 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; 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- 10 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 and a 1-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a 4-foot side yard setback for the purpose of locating a storage shed on property zoned Residential-Two (R-2) and located at 4676 Upham Street. FOR THE FOLLOWING REASONS: I . Granting of the request would not alter the essential character of the locality. 2. The majority of the Board finds that a hardship occurs related to the intent of the ordinance in that the lot is substandard to lot size and lot width requirements of the R-2 zone district. 3. The applicant is limited in alternative placements due to existing structural improvements and mature landscaping. 4. The request will not impair adequate supply of light and air to neighboring properties. Board of Adjustment Resolution WA-03-10 Pagetwo(2) 5. Granting of the request will not increase congestion in the public streets nor increase fire. danger to adjacent properties. 6. Letters in favor of the proposed variance have been submitted by neighbors immediately adjacent. 7. Although no precedent, in the legal sense of the word, has been established, according to the city's land use atlas there have been other side yard setback variances granted in the vicinity over the years. 8. The requested side yard setback of the storage structure will be an improvement from the existing 2-foot setback of the existing storage structure. VOTE: YES: ABBOTT, BLAIR, DRDA, HOVLAND, HOWARD, SCHULZ ABSENT: ECHELMEYER, ROLLINS 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 and a 1-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a 4-foot side yard setback for the purpose of locating a storage shed on property zoned Residential-Two and located at 4676 Upham Street was APPROVED. ADOPTED and made effective this 22nd day of May. 2003. 'La, Paul I Board of Adjustment Ann Lazzeri, Secret y Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting May 22, 2003 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DRDA 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: Staff Present: Tom Abbott Bob Blair Paul Drda Paul Hovland Bob Howard Larry Schulz Bill Echelmeyer Ellen Rollins Meredith Reckert, Sr. Planner Mary Austin, Planner Travis Crane, Planner Ann Lazzeri, Secretary 0~pF7 The following is the official set of Board of Adjustment minutes for the Public Hearing of May 22, 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-03-10: An application filed by David and Marilyn Roll 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 AND a 1-foot side yard setback from the 5-foot side yard setback requirement resulting in a 4-foot side yard setback for property zoned Residential-Two (R-2) and located at 4676 Upham Street. Prior to presentation of the case, Board Member HOWARD informed the board that the applicants were his sister and brother-in-law and that he had not discussed the case with them. He stated that he had no financial interest in the application. There was a Board of Adjustment 05/22/03 consensus of the Board that there was no conflict of interest and Board Member HOWARD could hear the case. The case was presented by Meredith Reckert. She entered all pertinent documents into the record which were accepted by Chair DRDA. She advised the Board there was jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report kFCT David Roll D 4676 Upham Mr. Roll, the applicant, was sworn in by Chair DRDA. He stated that he would like to replace his existing deteriorating storage shed which requires a variance for its location. Chair DRDA asked if there were any individuals present who wished to address this case. There was no response. 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-03-10 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- 03-10 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 and a 1-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a 4-foot side yard setback for the purpose of locating a storage shed on property zoned Residential-Two (R-2) and located at 4676 Upham Street. For the following reasons: 1. Granting of the request would not alter the essential character of the locality. 2. The majority of the Board finds that a hardship occurs related to the intent Board of Adjustment Page 2 05/22/03 of the ordinance in that the lot is substandard to lot size and lot width requirements of the R-2 zone district. 3. The applicant is limited in alternative placements due to existing structural improvements and mature landscaping. 4. The request will not impair adequate supply of light and air to neighboring properties. 5. Granting of the request will not increase congestion in the public streets nor increase fire danger to adjacent properties. 6. Letters in favor of the proposed variance have been submitted by neighbors immediately adjacent. 7. Although no precedent, in the legal sense of the word, has been established, according to the city's land use atlas there have been other side yard setback variances granted in the vicinity over the years. 8. The requested side yard setback of the storage structure will be an improvement from the existing 2-foot setback of the existing storage structure. The motion passed 6-0 with Board Members ECHELMEYER and ROLLINS absent. D R QF Chair DRDA advised the applicant that his request had been approved. u " B. Case No. WA-03-11: An application filed by Starbucks for approval of a partial waiver of Section 26-501 (Parking Requirements) for property zoned Commercial-One (C-1) and located at 3795 Kipling Street. The case was presented by Travis Crane. He entered all pertinent documents into the record which were accepted by Chair DRDA. He advised the Board there was jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. One letter of objection from Elaine Gendron, 10005 West 34th Avenue, was received and copies were included in the Board's packet material. He submitted copies of an e-mail (dated May 21, 2003) sent to the Community Development Department from Ken Dahlin, 10045 West 34th Avenue indicating support of the application. This e-mail was reviewed by the Board and made a part of the official record. He stated the owner of the Family Thrift Store to the south of the applicant's location verbally indicated to staff that he was opposed to the application. In reply to a question from Board Member ABBOTT, Mr. Crane stated that the handicapped access aisle could not be counted toward the total number of parking spaces. Ann Quinn A.W. Dunn & Company Ms. Quinn, architect for the applicant, was sworn in by Chair DRDA. She stated that Board of Adjustment 05/22/03 o ~i ~ O N ~ ~ O W ~ 0 ~ ~ O O 00 Q\ O UQ ~ O n ~ A~ O ~ r~ w"Q O UQ OC O O C n rA *d• CD p7w O ~C C1t ~ O ~ ~ O rot ~ O v' O O n SZ ~ n O O O O l"r A m M Gc PH14 A-f n S-7-/-? 6-e-7- Ita I ~ I 1 ~ I I < a Yy~ < v J C o' 4 N U y Go, a i I _ _ 1 I a, '7 /Y^ ! I I I n ~ I I I I I I yr <w~ -C { I I _ I I N r I f II I"l r I Inl ~E ~jl N 3- IRI I) I I I II II I ~ 1 I J i i tV V N r o c IA Q QN C7 r 0 0 x 0 Qu A m m K 0 0 0 ~e 0 17 n r r 0 0 tD jS A~ er ~ti A O K K O M b K O ^O m K O a N5 ai x QQ M 1 1 w O b ,,5 A 3 8 55;~ i t 71 r 0 0 U 0 0 x RQ is M' £ 4 ' fD n iw ~ •'4 1. 0{ %3 ;i. iv nix yy 'E N W 4 t v 56 a F A i W 7 4 t µ t Y 41 fly, r 0 0 w w x uc n. a. 00 oc n t ' I' r a 0 x 0 x H K A ~t H y K A A x Memo n Ow O O O •J d 01 famt- ~C n n ot W UG ~ oemw n c n Owe O n N hee t"r lot foot- oeep- A~ lot *We O C 01 CD r~• CD K CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: May 22, 2003 CASE NO. & NAME: WA-03-10/Roll DATE PREPARED: May 14, 2003 CASE MANAGER: Meredith Reckert ACTION REQUESTED: 5' side yard setback variance from the 5' required setback and a F side yard setback variance from the 5' required setback LOCATION OF REQUEST: 4676 Upham NAME & ADDRESS OF APPLICANT (S): David and Marilyn Roll 4676 Upham St. Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER (S): same APPROXIMATE AREA: 8629 square feet (.2 Acres) PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING SURROUNDING LAND USE: DATE PUBLISHED: DATE PUBLISHED: DATE POSTED: DATE LEGAL NOTICES SENT Residential-Two (R-2) Single Family residence N, S, E &W: R-2 N, S, E &W: single family May 8, 2003 May 8, 2003 May 8, 2003 May 8, 2003 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (3) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (X) EXHIBITS (3) DIGITAL PRESENTATION 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-03-10/Roll I. REQUEST The property in question is located at 4676 Upham and is currently utilized as a single-family residence. The property is zoned Residential-Two. (Exhibit 1, Zoning Map). The applicants (owners), David and Marilyn Roll, (Exhibit 2, Application), are requesting the following: (request A): a five foot side yard setback variance from the required 5' side yard setback resulting in a 0' setback on the north; and (request B): a 1' side yard setback variance to the required 5' side yard setback resulting in a 4' setback on the south. Purpose of the variances is to allow construction of a shed in the back yard. (Exhibit 3, Applicant's Explanation) II. SITE PLAN The property contains 8629 square feet with 72' of lot width; both of which are less than the minimums of 9000 square feet of area with 75' of lot width required for an R-2 single-family lot. Although the property is substandard in size, it is regular in shape except it has a 29' x 12' piece that extends farther to the east. It is in this extension that the existing shed is located. The applicant proposes the new shed in the same approximate location. (Exhibit 4, Site Plan). The side yard setbacks for the house are nonconforming as the required combined side yard setback is not 15', but 12'. Extending from the house is a large deck, which has been built around a mature, black walnut tree. This deck built in 1985, measures roughly 800 square feet (20' x 40'), and takes up much of the back yard. A six-foot high fence runs along the north and south sides of the property. An 8' high fence runs along the rear property line and the south boundary of the lot extension. A variance for the fence was granted pursuant to Case No. WA-89-07. Alternate locations in the yard, which could accommodate a shed, are landscaped. The existing shed has a 0' setback on the north side, a 2' setback on the south and a 6' setback on the rear. It measures 10'x 13'and has been in this location since the late 1960's. The owner has indicated that the existing shed is no longer structurally maintainable. He has been bracing the roof with vertical supports in the interior. The proposed shed measures 8' x 16'. If the variances are granted, it will be placed with a 0' side setback on the north and 4' side setback on the south. The shed will meet the required rear setback. On the proposed site plan (Exhibit 4), the proposed shed location is superimposed over the existing shed. The new shed is depicted by pink shading. The current property owners have been living at this location since 1965. Letters of support have been submitted from adjacent property owners of 4670 Upham, 4680 Upham and 4635 Teller Street (Exhibit 5, Letters). At the time of this writing, staff has received no other comments or objections. Board of Adjustment 2 WA-03-10/Roll 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 requests are 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 proposed shed (128 sf) will be similar in size as the existing shed (130 sf) but with somewhat different dimensions. It will be located in the approximate area as the existing shed. The proposed setback on the south side will be larger than what currently exists. Impact to the area, if any, would have occurred with the existing shed. The existing shed with smaller setbacks (0' on the north and 2' on the south) can remain in perpetuity; however, the property owner has indicated that it is dilapidated beyond repair. According to the city's land use atlas, there have been other side yard setback variances granted in the vicinity over the years. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The property is smaller than the minimum requirements for a single-family lot in the R-2 zone district. There are few alternatives to placement of a new shed given house and deck location and mature landscaping on the property. 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 the setback requirements for district. The existing shed on the property is in the general location as the new shed. 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? Board of Adjustment WA-03-10/Roll 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 the 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 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, staff concludes that the evaluation criteria are supportive of the variance requests. Staff has found that there are unique circumstances attributed to these requests that would warrant approval of the requested variances. Therefore, staff recommends APPROVAL of Request A, a five foot side yard setback variance from the required 5' side yard setback resulting in a 0' setback on the north, for the following reasons: 1. Granting of the request would not alter the essential character of the locality. 2. There is a hardship as the lot is substandard to the lot size and lot width requirements of the R-2 zone district. 3. The applicant is limited in alternative placements due to existing improvements and mature landscaping. 4. The request will not impair the adequate supply of light and air. 5. Granting of the request will not increase congestion in the public streets, nor increase danger of fire. Staff also recommends APPROVAL of Request B, a F side yard setback variance to the required 5' side yard setback resulting in a 4' setback on the south, for the following reasons: 1. Granting of the request would not alter the essential character of the locality. 2. There is a hardship as the lot is substandard to the lot size and lot width requirements of the R-2 zone district. 3. The applicant is limited in alternative placements due to existing improvements and mature landscaping, 4. The request will not impair the adequate supply of light and air. 5. Granting of the request will not increase congestion in the public streets, nor increase danger of fire. Board of Adjustment WA-03-10/Roll OE 14 - R R R . = J -2 .m4 - W ~ ~ ~ ~ asas ons assn .ass .sss ~8°° ae,s W .]IH RVE R-C «s «a a uss «m «n um «rs oem m aes4 aeu cress .ess arrs 4.s cress R i mt , 2 9 au am R am nm I ~ R R ~ «,e aw .ees as,o aus asst ~ seas 3 W1 0. retiFZ «0.5 «t°RFX aOi 4Nt 1p 1 -1 R R-C m,HOz FMT7 asss aav SIB aen .5m «2, abro Sof 46E .425 «,0 nett Sp4 IWS ,o OWe c {414 «ft MN a4a, 3 waenAVe o H4 ~4 «4, 3 z 3 W F w 13 R 1 PCD WA05WOM w R-2 ~ aa, ase, a5eo .seo ase, ° `~0 Z N .ea, .s« p «m g .em u, p5B4 w, 4 asm um r asm ass+ `3 assn «w ass, «m an, as°° ~f Wass, ass, assn asst ue, craw crass tl] ast+ asao u« asm .rs asap asss 4. .sv ~av, wo aat 1. 4s asm .su .Sm °as, uz, a5,4 65,8 65,4 F5,5 _ R «11 ~ 1s11 ab] 1s'.b L`V use ass Wa AV M°0 a'°5 «ss um w «es R-2 um wu a.eo uss um um urs a«s a«f yaW «65 «65 O APEL- R «a m uss sass BAOHER w«m PL « a P ARK a _ «m «4 -1 u,o ufs «as C. 7 - «m «a R- R-C ' « e n R R 44 N B 7.77a I RI A OE 23 OFFICIAL NE 23 ZONING MAP - (DESIGNATES ` IP) Wu WHEAT CAT RIDGE -WATER FEATURE COLORADO * DENOTES MULTIPLE ADDRESSES ~l 100-YEAR FLOOD PLAIN O 100 200 ~co ^GO F° I ~ /EDDDl1YIAAATF I (NV ATIfINI I DEPARTMENTOF 'TED: June 15, 1994 ea° PLANNING AND DEVELOPMENT EXHIBIT 1 n: September 10, 2001 Fw~egr LAND USE CASE PROCESSING APPLICATION. of wHr4r Planning and Development Department 'g 7500 West 29° Avenue, Wbeat Ridge, CO 80033 ` Phone (303) 235-2846 C o 00[ORP00 0[ORPO (Please print or type all information) Applicant DAvlb I4. ROLL Address -Y-474, 14 PHAM ST Phone3o y1t~26o4~, City WAFAT RIb& State Co Zip Y00 3-3 Fax bAv/D /1 ti' Owners M AP;1 YN e, ROLL Address W, 74 U tOHAi'9 S7- Phone 7 03 ,ti 2 40 6 City W q"T- R , D & State CO Zip Soo 33 Fax - Contact D/Avtb H, Roll- Address `/(,76 UPH 4M 57-- Phone o3 yll26oto City 1'yHFA7- RIDGE State Co Zip Y'0t033 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.) Location of request (address): Y A U PiIRM S7- 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: i Detailed description of request: RekAcE ",.rr ad /o Ix 13 t H&7 AL SHt2i LV A /a/ A.19 Copke-A' or PRoPeP-r-Y wirti A TNFF .file-b (RONCO STYLE 917"TALL) wNIcH iS ?'X/4" Required information: Assessors Parcel Number: ScN 0-?&076 Size of Lot (acres or square footage): 8 &2 Current Zoning: Proposed Zoning: Current Use: P es ib tw -iA L Proposed Use: R eT I arw7-1A L 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-attorney from the owner which approved of this action on his behalf. Signature of Applicant Subscribe d sit 4Ape hi day of 4F914 200 r ~OIF CO~O¢P My coPublic mmission expires //rya co AMR; Date received Fee $ O aio Receipt No. 154 9.2 54 Case No. 04 - G:3-/ G Comp Plan Desig. Zoning - ;L- Quarter Section Map 11VFa3 Related Case No. Pre- ^ ° ~e r, L!c a . EXHIBIT 2 LAND USE CASE PROCESSING APPLICATION 4676 UPHAM STREET DAVID H. ROLL April, 2003 LETTER OF REQUEST My lot has a 29.12 ft. by 12 ft corner, which is fenced. It has a metal shed 10 ft. by 13 ft. which is deteriorating and an eyesore. The metal shed is about 1 ft. from each side of the fence and 6 ft. from the back to the fence. I want to replace the 10 ft. by 13 ft. metal shed with a Tuff Shed Storage Building - Ranch Style, which is 8 ft. wide by 16 ft. long by 8 ft. 7 in, high. The new shed will house garden and yard and deck equipment only. A variance is requested since the building can not meet the Minimum Side Yard Setback of 5 feet. The new shed will improve the looks and use of the property, replacing a shed which is an eyesore. The place of the shed on the property makes good use of the property and is basically out of sight by any neighbor. There is no other good place on the property to place a storage shed. DAVID H. ROLL y /y-o3 date EXHIBIT 3 111VUVC111C11L 1.0C:dL10A1 t,~r1,i1l: ,e oothills urveying M[, S!15(1 U~ S NOT UZ IT'111 illd SM11 BY BBBTHRIS %i:;SC IC P[ B° C':S_ SIS? CB [Y.S."ENS Of 91UPT, f.ISBTS-06MAY ATID P1L' c' tiGP6" fSaiCtS S@?'iiYi S Fun CPCB TH MITI) 00 1395-D So. Sheridan Blvd. Lakewood, Colorado 80226 Phone: 936-8807 Scale: I ?C prtapose b 5#4160 - r-- r~ C. Lo-,- z-1 f-Fpr,<s~ ry DECK ICOVF0. yy14 Lo. zl 1 ore =-;ory s N S'L'ICE: According to Colorado law you 1 c-zn - uc any lcgal action b cd v .'n : d:at in this survey ca pia ou f:--, dixover sra d~rc: i.: no n: ny action l ,_1 c; c d_`ea in this survey be than ten years from the d= of tha ocrtificatioa shown herc:.n. Legal Description: SEE ATTACHED LEGAL EXHIBITA 5.17 P,,.•- a EXjsrtiNCr SttEn May 9, 2003 Planning and Development Board of Adjustment City of Wheat Ridge Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 ,v We are long-time neighbors of David and Marilyn Roll at 4676 Upham Street. We know they are trying to replace a shed on their property and that a variance is needed due to the closeness of the shed to the fence. The new shed will not be any problem to us nor can we see it from our property easily. We would support the variance and welcome the improvement on their property. Please contact us should you need any additional information. (303) 422-3681. Sincerely, 4670 Upham Street Wheat Ridge, CO. EXHIBIT 9 May 9, 2003 Planning and Development Board of Adjustment City of Wheat Ridge Colorado 7500 West 29s' Avenue Wheat Ridge, CO 80033 41 ITF ~ I jr We are aware of the variance requested by David and Marilyn Roll at 4676 Upham Street, our neighbors, to replace a shed where the existing shed is. We understand the variance is needed because the distance between the shed and the fence is minimal. We have no objections to the placement of the new shed and feel it wouldn't be an eyesore or bother us in the least. We support the granting of the variance. Please feel free to call us should you want additional information. (303) 467- -3 0 6 Yours truly, Mu U" 4680 Upham Street Wheat Ridge, CO. May 9, 2003 Planning and Development Board of Adjustment City of Wheat Ridge Colorado 7500 West 29°i Avenue Wheat Ridge, CO 80033 I am a back-yard neighbor to David and Marilyn Roll at 4676 Upham Street. I live at 4635 Teller Street. I am aware that my neighbors desire to replace their dilapidate shed and have applied for a variance because the new shed would be too close to the fence. I have no objection to the new shed and because of the fence, I will not be able to see the new shed. I support the granting of the variance. Please call me if you need additional information. (303) 420-16551 Sincerely, 4635 Teller Street Wheat Ridge, CO. POSTING CERTIFICATION CASE NO. A - o 3 / 0 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: MAY .2a, )-n o 3 I, DAvi-b q, 'cL ~ (name) residing at 'W16 (a PYAM S7- (address) as the applicant for Case No. IAI A -0 3 -/,V , hereby certify that I have posted the Notice of Public Hearing at 75-00 W E--57- FsT a yT" el tlF 4/214 LA L K 1 6 (location) d~ on this day of /1/4J° , 20 p 3 ' 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: Z~ 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. ~I C~ ~ + d]15 J e9planni Rev. 6/6/ V < a6ss 19 E i rT_~ 16 a 1 ! _ a m ~ c m m c ~ 'U d ~ aa > d U > c z J K c 7 •y a a rc t ~ i ? o o N ~ 1~ N N N .F - N y 'm 'o. U a 0 d ~ U L O ~y o a c E_° u o 0 0 0 0 0 0 0 0 Nov U Q ~ Q ~ Q 2 Q ~ Q 2 Q ~ Q 2 Q 2 Q Q m ~ $ i i i i • N lO G a a M ~ M M M M M M O M O U J~ C C . O a O O O O N. O • O O O O O O O O M C O O aD J y J W O A N ~,~,~OD O~- N M N M aD yN N O O N d c E O N O H E O m 0 Y p 0 f0 E O x m E O 0 0 O w o o L U a N w m U O m U C1 m U N U N U m U 0 F- W U . N w ~ n ai Q N :a H Q E N n ai m N ¢ N d H m ' ❑ U c > > rn Q m p m m 0 oa a rn ~m ;o c p w,a_ ,o roc . o u>a v v m mK c~o~ pm K K am rn K >v K mr " mmK m M 5-50- aNi v m L p m W % ~v m m d'" m . . 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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 May 22, 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. C:\Documents and Settings\kathyAMy Documents\Kathy\BOA\pubnotice\2003\wa03I O.wpd * Search Parameters * Jefferson (CO) * 5/5/2003 * 11:09 AM Parcel Number ...17 39 231 06 017 39 231 06 016 39 231 06 015 39 231 06 012 39 231 06 011 39 231 06 010 39 231 06 009 39 231 06 008 39 231 06 018 39 231 06 019 39 231 06 007 39 231 07 048 39 231 07 047 39 231 07 046 39 231 07 049 39 231 07 050 MetroScan / Jefferson (CO). owner :Vien Mui Parcel : 023605 Site :4680 Upham St Wheat Ridge 80033 Xfered : 07/18/1986 Mail :4680 Upham St Wheat Ridge Cc 80033 Price : $103,000 Use :1112 Res,Improved Land Phone : 303-467-3669 Bedrm: 4 Bath:2.50 TotRm: YB:1959 Pool: B1dgSF: 1,304 Ac: • MetroScan / Jefferson (CO) : Owner :Mund John W/Alison S Parcel : 024128 Site :4625 Teller St Wheat Ridge 80033 Xfered : 01/27/2003 Mail :4625 Teller St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: Y3:1928 Pool: B1dgSF: 1,260 Ac:. 34 * • Met=Scan / Jefferson (CO) : Owner :Briscoe Gerald A Parcel : 024194 Site :4685 Upham St Wheat Ridge 80033 Xfered : 11/08/2001 Mail :4685 Upham St Wheat Ridge Cc 80033 Price : $219,900 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1958 Pool: BldgSF: 1,667 Ac: * : MetroScan / Jefferson (CO) : Owner :Singh David Parcel : 024410 Site :4655 Teller St Wheat Ridge 80033 Xfered : 10/25/2001 Mail :4655 Teller St Wheat Ridge Co 80033 Price : $500 Use :1112 Res,Improved Land Phone : 303-237-4030 Bedrm: 3 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF: 1,463 Ac: : MetroScan / Jefferson (CO) : Owner :Kiefel Ronald A Parcel : 024586 Site :4629 Teller St Wheat Ridge 80033 Xfered : 12/09/1996 Mail :3893 Field Or Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1961 Pool: B1dgSF: 1,586 Ac: .32 • MetroScan / Jefferson (CO) : Owner :Harris Steven R Parcel : 025057 Site :4695 Upham St Wheat Ridge 80033 Xfered : 12/29/1993 Mail :4695 Upham St Wheat Ridge Co 80033 Price : $115,432 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.50 TotRm: YB:1958 Pool: B1dgSF :1,483 Ac: • MetroScan / Jefferson (CO) • Owner :Klassen Deane W Parcel :025133 Site :4670 Upham St Wheat Ridge 80033 Xfered Mail :4670 Upham St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1959 Pool: 13idgSF :1,238 Ac: • MetroScan / Jefferson (CO) • Owner :Jacobson Ronald J Parcel :025438 Site :4645 Teller St Wheat Ridge 80033 Xfered :10/06/1998 Mail :4645 Teller St Wheat Ridge Cc 80033 Price :$103,000 Full Use :1112 Res,Improved Land Phone Bedrm :2 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF :689 Ac: • MetroScan / Jefferson (CO) ; Owner :Flying 4 D Two Llc Parcel :025483 Site :4660 Upham St Wheat Ridge 80033 Xfered :06/20/2001 Mail :10173 S Cherryhurst Ln Highlands Ranch Cc 80126 Price Use :1112 Res,Improved Land - Phone Bedrm :7 Bath:3.25 TotRm: YB:1959 Pool: B1dgSF :1,782 Ac: * • MetroScan / Jefferson (CO) • Owner :Wiedrich Jonathan J Parcel :025496 Site :4690 Upham St Wheat Ridge 80033 Xfered :06/26/1998 Mail :4690 Upham St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm :4 Bath:1.75 TotRm: YB:1959 Pool: B1dgSF :1,701 Ac: .26 * : MetroScan / Jefferson (CO) • Owner :Lazzeri Lauralee Ann Parcel :026002 Site :4675 Teller St Wheat Ridge 80033 Xfered :03/31/1992 Mail :4675 Teller St Wheat Ridge Co 80033 Price :$86,500 Use :1112 Res,Improved Land Phone Bedrm :4 Bath:1.50 TotRm: YB:1952 Pool: B1dgSF :1,453 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 :Yeutter Eldon C - Parcel : 026013 Site :4635 Teller St Wheat Ridge 80033 Xfered : 05/14/1990 Mail :4031 Miller Way Wheat Ridge Cc 80033 Price : $63,000 Use :1112 Res,Improved Land Phone :303-420-1655 Bedrm: 2 Bath:1.75 TotRm: YB:1935 Pool: B1dgSF :804 Ac: * • MetroScan / Jefferson (CO) : owner :Roll David H Parcel :026076 Site :4676 Upham St Wheat Ridge 80033 Xfered Mail :4676 Upham St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:3.00 TotRm: YB:1960 Pool: B1dgSF :2,028 Ac: • MetroScan / Jefferson (CO) • Owner :Taddonio Salvatore Parcel :026501 Site :4655 Upham St Wheat Ridge 80033 Xfered Mail :4655 Upham St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:2.50 TotRm: YB:1959 Pool: B1dgSF :2,241 Ac: • MetroScan / Jefferson (CO) • Owner :Frese Donald W Parcel :026550 Site :4675 Upham St Wheat Ridge 80033 Xfered :05/28/1976 Mail :4675 Upham St Wheat Ridge Co 80033 Price :$40,600 Use :1112 Res,Improved Land Phone Bedrm:2 Bath:1.00 TotRm: YB:1959 Pool: B1dgSF :1,268 Ac: • MetroScan / Jefferson (CO) • Owner :Sawyer Barbara L Parcel :026558 Site :4665 Upham St Wheat Ridge 80033 Xfered :05/25/2000 Mail :4665 Upham St Wheat Ridge Cc 80033 Price :$192,000 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1959 Pool: B1dgSF :1,622 Ac:.24 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. 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SUB ' 91.62 80' 9162' I 104.11' 80' 104.12' 134.6 131. 62' 131.62 146.61 141.62 @-P m 014 = 13 Ol8 $ ° 022 2 Co 026 13 0 m - LO 034 r O 17 -0 3 013 12 019 - 3 - 021 - 12 027 - - n 033 IQ 5 I 134.6' 4 012 = 11 020 ~ 4 : 020 - 11 028 = 1 m 032 t r -19-&, 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 May 22, 2003, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 291" Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: ~~B An application filed by David & Marilyn Roll for approval of a 5 foot side yard setbaWvariance from the 5 foot side yard setback requirement resulting in a 0 foot side yard setback AND a 1 foot side yard setback from the 5 foot side yard setback requirement resulting in a 4 foot side yard setback for property zoned Residential-Two (R-2) and located at 4676 Upham Street. Case No. WA-03-11: An application filed by Starbucks for approval of a partial waiver of Section 26-501 (Parking Requirements) for property zoned Commercial-One (C-1) and located at 3795 Kipling Street. Case No. WA-03-12: An application filed by John Offersen for approval of a 2 foot variance to the 48" maximum fence height in the front yard resulting in a 6' fence AND approval of a 2 foot variance to the 6' maximum fence height in the side yard resulting in an 8' fence for property zoned Residential-Two (R-2) and located at 4375 Garrison Street. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: May 8, 2003 Variance Requirements: List of Property Owners within 100 feet. (Occupants) Applicant: David H. Roll, 4676 Upham St Moui Vien, 4680 Upham John Wiedrich (Cindy Ewertz), 4690 Upham Deane W. Klassen, 4750 Upham Mary Kircher, 4666 Upham Monica & Steve Harris, 4695 Upham St - Occupant, 4685 Upham St Barbara Sawyer, 4665 Upham Don & Marge Frese, 4675 Upham Lisa Marcolina, 4629 Teller St Shane Yeutter, 4635 Teller Occupant, 4645 Teller Occupant 4655 Teller \A' Ihi 41~ ~x. 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AV d A Case No.: App: Last Name: App: First N ame: Owne r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : Ci ty/State, Zip: Case Disposition: Project Planner: File Lo cation: Not es: Follow- Up: A0310 Quarter Section Map N Roll Related Cases: David Case Histor y: Roll David & Marilyn 4676 Upham St. Review Body: eat Ridge, CO 80033 303-421-2606 APN' ame 2nd Revie w Body: 2nd Review Date ame Decision-making Body 676 Appro val/Denial Date: Upham Street heat Ridge, CO 80033 Re so/Ordinance No.: Pesicka ctive o.: lti l ide & rear yard setback ariances BOA - 5122103 39-231-06-017 BOA - 5/22/03 Condi, of Approval: District: II. _J Date Rec eived: 16/2003. Pre-App Date: I J-lie-03 CITY OF WHEAT RIDGE 04 18i 0_3 3.00 PI' cdb David H. Roll RECEIPT HOX014cN AMOUNT FMSD ZOHING APPLICATION F 300.00 gone F„SD ZONING REINKIRSEMENT '0,00 ~resra PAYNeff RECIPIYED AMOUNT CK 3914 3°0.00 TOTAL 390.00