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HomeMy WebLinkAboutWA-03-127500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 June 4, 2003 John Offersen 4375 Garrison, St. Wheat Ridge, CO 80033 Dear Mr. Offersen: RE: Case No. WA-03-12 Please be advised that at its meeting on May 22, 2003, the Board of Adjustment DENIED your requests for approval of (A) a 2-foot variance to the 4-foot maximum fence height in the front yard resulting in a 6-foot fence AND (B) approval of a 2-foot variance to the 6-foot maximum fence height in the side yard resulting in an 8-foot fence for property zoned Residential-Two (R-2) and located at 4375 Garrison Street. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosures: Certificates of Resolution Draft of Minutes cc: 'VV A-03-12 (case file) CADocuments and Settings\ka[hyf\My Documents\Kalhy\BOA\CORRESP\2003\wa0312denial.wpd CERTIFICATE OF RESOLUTION COPY 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-03-12(A) APPLICANT'S NAME: John Offerson LOCATION: 4375 Garrison Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-12(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; and WHEREAS, the relief applied for MAY NOT be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, be it resolved that Board of Adjustment Application Case No. WA-03- 12(A) be, and hereby is, DENIED. TYPE OF VARIANCE: A 2-foot variance to the 4-foot maximum fence height in the front yard resulting in a 6-foot fence along the north property line only for property zoned Residential- Two (R-2) and located at 4375 Garrison Street. FOR THE FOLLOWING REASONS: There appears to be no particular or unique hardship involving the condition or location of the property since many properties throughout the City are located in close proximity to major roads and commercial uses. 2. Without the variance, the property will continue to yield a reasonable return in use as a single-family residence. 3. The variance could potentially alter the character of the locality since there are no other fences in the area that exceed current code requirements. 4. The variance would not appear to provide significant benefit to the Community. Testimony by applicant was not persuasive as to the benefits accrued by the two-foot variance related to sound barrier effectiveness, blowing trash and trespassing barrier. Board of Adjustment Resolution WA-03-12(A) Page two (2) VOTE: YES: ABBOTT, BLAIR, HOVLAND, HOWARD, SCHULZ NO: DRDA ABSENT: ECHELMEYER, ROLLINS DISPOSITION: DENIED ADOPTED and made effective this 22nd day of May. 2003. P u rda, Chair Board of Adjustment J Ann Lazzeri, Secretary Board of Adjustment CERTIFICATE OF RESOLUTION carry 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-03-12(B) APPLICANT'S NAME: John Offerson LOCATION: 4375 Garrison Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-12(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; and WHEREAS, the relief applied for MAY NOT be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, be it resolved that Board of Adjustment Application Case No. WA-03- 12(B) be, and hereby is, DENIED. TYPE OF VARIANCE: A 2-foot variance to the 6-foot maximum fence height in the side yard resulting in an 8-foot fence along the north property line only for property zoned Residential- Two (R-2) and located at 4375 Garrison Street. FOR THE FOLLOWING REASONS: 1. There appears to be no particular or unique hardship involving the condition or location of the property since many properties throughout the City are located in close proximity to major roads and commercial uses. 2. Without the variance, the property will continue to yield a reasonable return in use as a single-family residence. The variance could potentially alter the character of the locality since there are no other fences in the area that exceed current code requirements. 4. The variance would not appear to provide significant benefit to the Community. 5. Testimony by applicant was not persuasive as to the benefits accrued by the two-foot variance related to sound barrier effectiveness, blowing trash and trespassing barrier. Board of Adjustment Resolution WA-03-12(B) Page two (2) VOTE: YES: ABBOTT, BLAIR, DRDA, HOVLAND, HOWARD, SCHULZ ABSENT: ECHELMEYER, ROLLINS DISPOSITION: DENIED ADOPTED and made effective this 22nd day of May, 2003. P a1r Board of Adjustment Ann Lazzeri, Secretary D Board of Adjustment Whereas, the property has been posted the fifteen days required by law; and in recognition that there were 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- 03-11 be, and hereby is, APPROVED. Type of Variance: A partial waiver of Section 26-501 (Parking Requirements) for property zoned Commercial-One (C-1) and located at 3795 Kipling Street. For the following reasons: 1. This request can result in a significant contribution or benefit to the community. Starbucks has proposed beautifying an otherwise ugly corner. 2. Starbucks has knowledge of parking requirements and seems satisfied they can operate within the constraints of this variance with or without agreements from other landowners. In reply to questions from Board Member ABBOTT, Mr. Crane explained that a variance could be granted to the applicant and not apply to any future lessees or landowners. Further, if traffic hazards, etc. should result from granting of the variance, the city has authority to correct those conditions. Board Member BLAIR offered a friendly amendment to add a condition that the variance apply only to the applicant for this specific use. The amendment was accepted by Board Members SCHULZ and HOVLAND. The motion passed 5-1 with Board Member DRDA voting no and Board Members ECHELMEYER and ROLLINS absent. Chair DRDA advised the applicant the request for variance was approved. C. Case No. WA-03-12: An application filed by John Offersen for approval of (A) a 2-foot variance to the 4-foot maximum fence height in the front yard resulting in a VVV"' 6-foot fence AND (B) approval of a 2-foot variance to the 6-foot maximum fence height in the side yard resulting in an 8-foot fence for property zoned Residential- Two (R-2) and located at 4375 Garrison Street. The case was presented by Mary Austin. She entered all pertinent documents into the record which were accepted by Chair DRDA. She advised the Board there was Board of Adjustment Page 6 05/22/03 DRXF7 jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff recommended denial of the application for reasons outlined in the staff report. Board Member ABBOTT asked about sight triangle issues. Ms. Austin explained that sight triangle requirements do not apply to single and two-family dwellings. The commercial property to the north does not have a driveway in close proximity to the fence. John Offerson 4375 Garrison Street Mr. Offerson, the applicant, was sworn in by Chair DRDA. He stated that he believed the fence would be of benefit to the surrounding community. Otherwise, he would not have received the support of his neighbors via the submitted petition. The fence would serve as a sound barrier from 40 Avenue, a barrier to trash blowing into yards as well as a barrier to people trespassing from 44m Avenue to Clear Creek. In answer to a question from Board Member ABBOTT, Mr. Offerson explained that he believed an 8-foot fence would serve as a sound barrier more efficiently than would a 6- foot fence. Don Peterson 9945 West 34th Drive Mr. Peterson spoke in favor of the fence height variance because it would be beneficial to the surrounding neighbors. It would also help create a break between commercial and residential uses. Board Member HOVLAND stated that he did not believe the circumstances legally justified a variance in this case. Board Member DRDA commented that he believed there was a hardship in that the residential property is located next to a commercial property. Board Member ABBOTT stated that he did not believe an additional two feet would be significant in the fence serving as a sound barrier. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-12(A) is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment Page 7 05/22/03 DG°>AFT 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 NOT be granted substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Case No. WA-03-12(A) hereby is DENIED. Type of Variance: A 2-foot variance to the 4-foot maximum fence height in the front yard resulting in a 6-foot fence along the north property line only for property zoned Residential-Two (R-2) and located at 4375 Garrison Street. For the following reasons: 1. There appears to be no particular or unique hardship involving the condition or location of the property since many properties throughout the City are located in close proximity to major roads and commercial uses. 2. Without the variance, the property will continue to yield a reasonable return in use as a single-family residence. 3. The variance could potentially alter the character of the locality since there are no other fences in the area that exceed current code requirements. 4. The variance would not appear to provide significant benefit to the Community. 5. Testimony by applicant was not persuasive as to the benefits accrued by the two-foot variance related to sound barrier effectiveness, blowing trash and trespassing barrier. The motion passed 5-1 with Board Member DRDA voting no and Board Members ECHELMEYER and ROLLINS absent. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-12(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 NOT be granted substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Board of Adjustment Page 8 05/22/03 DRAFT Now, therefore, be it resolved that Board of Adjustment Case No. WA-03-12(B) hereby is DENIED. Type of Variance: A 2-foot variance to the 6-foot maximum fence height in the side yard resulting in an 8-foot fence along the north property line only for property zoned Residential-Two (R-2) and located at 4375 Garrison Street. For the following reasons: 1. There appears to be no particular or unique hardship involving the condition or location of the property since many properties throughout the City are located in close proximity to major roads and commercial uses. 2. Without the variance, the property will continue to yield a reasonable return in use as a single-family residence. 3. The variance could potentially alter the character of the locality since there are no other fences in the area that exceed current code requirements. 4. The variance would not appear to provide significant benefit to the Community. 5. Testimony by applicant was not persuasive as to the benefits accrued by the two-foot variance related to sound barrier effectiveness, blowing trash and trespassing barrier. The motion passed 6-0 with Board Members ECHELMEYER and ROLLINS absent. Chair DRDA advised the applicant his requests for variance had been denied. 5. CLOSE THE PUBLIC HEARING Chair DRDA closed the public hearing. 6. OLD BUSINESS Abstention from Voting - Meredith Reckert reviewed the memo dated May 14, 2003, from Gerald Dahl regarding voting and abstention in Board of Adjustment meetings. Non-operative vehicle ordinance - Meredith Reckert advised the Board that the non- operative vehicle ordinance will be heard on first reading during the first Council meeting in June. 7. NEW BUSINESS Approval of Minutes - It was moved by Board Member HOWARD and seconded by Board Member SCHULZ to approve the minutes of April 24, 2003 as presented. Board of Adjustment 05/22/03 O a~ r~ c~ s0 ■ s~ O O N O to O L W . m E O ~Lm ~M M ■m MID > 0 *MJ s a Im i *MJ O O N %lMMM O to O L ■ O O to ■ ■ rm O to O J ■ *MJ /w c / R, M 0 N ~ N N ~ w ,r-7 w ~ o~ N ~ M b O 0 m '~"0'~J ,OS 133231S NOSI? 8VO r ct p a i I s" ~ 4) 00645 IV xDmte ~rb0 NY,9 t II II ll E~1 I°E °kl o ICI z Eel I 1 p W qu: z O 4-o ~ o a~ w d o ~ (Zd W O bA iz O ,.may ,~..yy n•I ?~•I .ry O 10 C` 4-o . N ^N 0 W C.) O 4-0 .O • ^I V 0 M O N N N ~ w ~ M O Q Q 4-i ° ~a C4- 0 0 O ~ ~ C6 ~ U i N O X 4-4 U • s' O N O N •0 O _0 rr 4-0 U N c p O N O p E a) O ~ ~ r~r~ Q N U O 4-4 E N O ~ U U_ N ~ p Q }a)r 4-0 ^W •E N N O O M O N N N Ln N ~ 7s O 3b 0 4 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT May 22, 2003 Case No. WA-03-12: An application filed by John Offerson for approval of a 2-foot variance to the 48-inch maximum fence height in the front yard resulting in a 6-foot fence and approval of a 2- foot variance to the 6-foot maximum fence height in the side yard resulting in an 8-foot fence for property zoned Residential Two and located at 4375 Garrison Street. (Please print) Name 0 J ~y~ Address ~1 ~ { In Favor/Opposed C CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: May 22, 2003 DATE PREPARED: May 15, 2003 CASE NO. & NAME: WA-03-12/Offersen CASE MANAGER: Mary Austin ACTION REQUESTED: Approval of A) a 2-foot height variance to the 48" maximum fence height in the front yard, resulting in a 6-foot high fence, AND B) a 2-foot height variance to the 6' maximum fence height in the side yard, resulting in an 8' fence. LOCATION OF REQUEST: 4375 Garrison Street NAME & ADDRESS OF APPLICANT (S): John Offersen 4375 Garrison Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER (S): same APPROXIMATE AREA: 11,200 square feet (.26 Acres) PRESENT ZONING: Residential-Two (R-2) PRESENT LAND USE: Single Family Residential SURROUNDING ZONING: N: Commercial-One S E & W: Residential-Two SURROUNDING LAND USE: N: Commercial S E & W: Residential DATE PUBLISHED: May 8, 2003 DATE POSTED: May 8, 2003 DATE LEGAL NOTICES SENT: Mav 8.2003 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS (X) EXHIBITS O 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 I WA-03-1210ffersen I. REQUEST The property in question is located at 4375 Garrison Street, and is currently a single family residence. The property is zoned Residential-Two (Exhibit 1, Zoning Map). The applicant and owner, John Offersen, is requesting two variances with this application. Request "A" is a request for approval of a 2-foot height variance to the 48" maximum fence height in the front yard, resulting in a 6-foot high fence. Request "B" is a request for a 2-foot height variance to the 6' maximum fence height in the side yard, resulting in an 8' fence. II. SITE PLAN The applicant has submitted a letter of request outlining the reasons for the variances. (Exhibit 2, Letter of Request) The applicant is seeking to increase the height of allowable fence by two feet along the entire north property line. This would result in a fence of 6 feet in height from the property line at Garrison Street extending to the 30' front yard setback line. The fence height would then increase to 8' in height from the front setback line to the point where it meets the rear property line. (Exhibit 3, Site Plan) The requested variances will apply to the proposed fence along the north property line only. The Code of Laws states that fences are not permitted above the height of 48 inches within a required minimum front yard setback or above the height of 6 feet in other instances. The applicant has submitted a petition signed by neighboring property owners in support of the requested variances. (Exhibit 4, Petition) Staff has received no objection to or public comment regarding this variance request thus far. 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, regardless of the outcome of these variance requests. 2. If the variance were granted, would it alter the essential character of the locality? If the variance were granted, the character of the locality could be altered. With the proposed variances, this would be the only property in the vicinity with a fence that exceeds code requirements. 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 lot does not have a unique shape or a unique topographical condition. There is nothing out of the ordinary concerning the location of the property. There are many residential properties throughout the city in close proximity to major roads and adjacent to commercial businesses. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant has cited the proximity of West 44"' Avenue, as well as a need to delineate the adjacent commercial, as reasons for the requested variances. The applicant has not created a self imposed hardship to the extent that he has no control over the traffic on W. 44`' Ave. nor the activities of the commercial use abutting the north side of his property. However, both W. 44`h Ave. and the commercial business were in existence at the time the property was purchased by the applicant in 2000. 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 property currently accommodates a single family home and this will not change with these variance requests. Therefore, the requests would not increase congestion in public streets nor would it be detrimental to the public's welfare or endanger public safety. Since the variances would apply to the northern property line only, the requests would most likely not have an effect on property values in the neighborhood. The adjacent property to the north has a landscaped area located next to the subject property. This area is at least 17 feet in width and is planted with trees. The additional two feet of solid fence could potentially impact the supply of light and air to that area to the north. 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? An additional two feet of fence height would not result in a contribution or benefit to the community or the neighborhood. The higher fence would provide an individual benefit to the applicant. The requests would not result in a reasonable accommodation of a person with disabilities. Board of Adjustment WA-03-1210ffersen IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Each variance will require a separate motion. Request A: A 2-foot height variance to the 48" maximum fence height in the front yard, resulting in a 6-foot high fence Upon review of the above request, staff concludes that the above criteria are not supportive of the variance request. Staff has found that there are no unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following reasons: 1. There is no particular or unique hardship involving the condition or location of the property since many properties throughout the City are located in close proximity to major roads. 2. Without the variance the property will continue to yield a reasonable return in use as a single family residence. 3. The variance could potentially alter the character of the locality since there are no other fences in the area that exceed current code requirements. 4. The variance would not provide a benefit to the community but an individual benefit to the owner. 5. Adherence to the fence height standards would be a mere inconvenience to the owner. Request B: A 2-foot height variance to the 6' maximum fence height in the side yard, resulting in an 8' fence. Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are no unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following reasons: 1. There is no particular or unique hardship involving the condition or location of the property since many properties throughout the City are located in close proximity to major roads. 2. Without the variance the property will continue to yield a reasonable return in use as a single family residence. 3. The variance could potentially alter the character of the locality since there are no other fences in the area that exceed current code requirements. 4. The variance would not provide a benefit to the community but an individual benefit to the owner. 5. Adherence to the fence height standards would be a mere inconvenience to the owner. Board ofAdjustment WA-03-1210ffersen N W Z _ A 5W 15 5W 22 - ZONING MAP OFFICIAL PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) NW 22 WHEAT RIDGE COLORADO - WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) 0 IOJ 200 500 400 Pad DEPARTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 N N W Z Request for Zoning Variance at 4375 Garrison St., Wheat Ridge, CO 80033 LETTER OF REQUEST INDICATING FULL INTENT AND PURPOSE OF REQUEST Purpose of Eight Foot (8') Fence The noise from traffic on West 44th Avenue is ever present, especially on summer evenings. The robust construction and 8' height of the fence will create a sound barrier, diverting the traffic noise, less than 100 feet away. The fence will delineate commercial property (US Auto Electric) on West 44th Avenue from residential property on Garrison Street. It also increases the privacy and security of residents on Garrison. The original fence in this location was very inadequate, consisting of wire and welded wire strung between T-bar posts. It did not offer any barrier to sound, litter or people walking from 44th into the neighborhood through the yard. As there is no exit from US Auto Electric onto Garrison, the location and height of the fence do not impair a driver's vision of traffic on Garrison. The attached petition, supporting the fence construction, is signed by five of my neighbors, including the owner of US Auto Electric. A sixth neighbor, who helped me auger the postholes, was unavailable to sign the petition. Location The privacy fence is located along the north property line at 4375 Garrison Street, between this property and U.S. Auto Electric, at 9200 West 44th Avenue. The setback from property line is 6". At its Garrison Street (east) end, the fence does not encroach on the public right-of-way; i.e. the fence is set back at least 6' from edge of current street pavement. At its other end (west), the fence will not encroach on the utility easement. Construction The privacy fence will be of all wood (pine/fir) construction consisting of posts, rails and pickets. The posts are round pressure-treated poles, 10' long and 7, minimum diameter. They are placed in postholes at least 3' deep, 1' wide and 8' apart. They are set in concrete. All utilities were located prior to any construction taking place. The fence rails consist of 2"x6" studs notched into the posts. The fence pickets are 1"x8" (nominal) rough sawn lumber. The fence will be 8' tall from the rear of the property to the front plane of the house and 6' tall thereafter. The "good side" of the fence will face out. L.Offersen Garrison St. 73-5813 (w) .84-3636 (fax) 1 { 41 1re.~~t 1=e~nc e. 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TO,o' 6 FRAME ".~n~ r BHEA r ri D - ORAVEI .j_ DRIVE ~ 140' i ~ 3 0 N N z 0 a c~ We the undersigned, as effected residents and homeowners on Garrison Street in Wheat Ridge, between 44 h Avenue on the north and Clear Creek to the south, support the construction of an eight foot (8 ) tall fence at 4375 Garrison Street for the following reasons: • The fence, located along the north property line of 4375 Garrison St., will create an attractive buffer between commercial and residential areas on Garrison Street; • The fence will be composed of.- ] x 7" diameter treated round wood posts set in concrete; ■ Three (3) 2x6 rails per section; ■ Locally milled 1x8 wood pickets; • The fence will act as a sound barrier, diverting noise from traffic on 44`h Avenue away from the residential areas; • The fence will prevent litter and debris from entering the neighborhood; • The fence has been built with the knowledge, support and input of Garrison St. residents and neighbors Name Printed Name Address ~ e 7 I lk I 17'a-11V 3l0 ` v ~~f f~ial~f 3~5~ avrl.ro~, V John L. Offersen 4375 Garrison Street Wheat Ridge, Colorado 80033 POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I, residing at I ~/t T S~-~~/I (n a e)y~ (address)) as the applicant for Case No. , hereby certify that I have posted the Notice of Public Hearing at (location) on this day of 20. 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 Community Development Department. MAP e:lplanninglformslpostingcert Rev. 111103 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 May 8, 2003 Dear Property Owner: This is to inform you of Case No. WA-03-12 which is a request 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. 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. 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O N E zp ~ U F O C v y a E z F a c m U m a ~ N a ~ ~ C Q ~ 7 ' U a U $ rc 2 a m c ~ Z d • ml ~ w K c 7 •-y a ~ a I > d' v 0 ~ 0 N m N A - d y Q 0 a U L c m E 1c .0 ~ # N N V N ~ M c7 X N m U Q m o $ u 0 O o la E a m o e O c m m°m dm's " 4) `I N L NO E U JNLL m W y a y E m o m> w d N a Q N Z W mw c O K N y m m r o M N a 6 ~ m Z y ~-p mL~ N a K o N C N a Q ~ U Q E m N w 2- 2 5 x ~U v m E W LL ~ m m n- 0 n- 0 m m m Ln ~n M .2 W O Q u~ (g o o ° M o p ao d 0 o U a O > z o 0 Q Q W p m I W = 55 m H p p m RA N c3 LL 0 D Q Z a f r o o W z _ l Un~ a ~I , • MetroScan / Jefferson (CO) : Owner :Lara Jose Francisco Parcel : 043375 Site :4306 Garland St Wheat Ridge 80033 Xfered : 12/14/2000 Mail :4306 Garland St Wheat Ridge Co 80033 Price : $174,000 Full Use :1112 Res,Improved Land Phone : 303-431-7419 Bedrm: 4 Bath:2.50 TotRm: YB:1963 Pool: B1dgSF: 1,987 Ac: MetroScan / Jefferson (CO) : Owner :Offersen John L Parcel : 043422 Site :4375 Garrison St Wheat Ridge 80033 Xfered : 08/28/2000 Mail :4375 Garrison St Wheat Ridge Cc 80033 Price : $135,000 Full Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB:1940 Pool: B1dgSF: 909 Ac: MetroScan / Jefferson (CO) • Owner :Stoos Laura Parcel : 043454 Site :4357 Garrison St Wheat Ridge 80033 Xfered : 09/02/1998 Mail :4357 Garrison St Wheat Ridge Co 80033 Price : $62,000 Full Use :1112 Res,Improved Land Phone : 303-423-5178 Bedrm: 2 Bath:1.00 TotRm: YB:1941 Pool: B1dgSF: 1,020 Ac: * • MetroScan / Jefferson (CO) • owner :Cary Jill L Parcel : 043467 Site :4367 Garrison St Wheat Ridge 80033 Xfered : 12/31/1992 Mail :4367 Garrison St Wheat Ridge Cc 80033 Price : $36,000 Use :1112 Res,Improved Land Phone Bedrm: 2 Bath:1.00 TotRm: YB:1940 Pool: B1dgSF: 883 Ac: * : MetroScan / Jefferson (CO) • Owner :Simons Charles H Parcel : 043493 Site :4358 Garrison St Wheat Ridge 80033 Xfered : 10/31/1990 Mail :4358 Garrison St Wheat Ridge Co 80033 Price : $58,000 Use :1112 Res,Improved Land Phone : 303-431-1603 Bedrm: Bath:1.00 TotRm: YB:1961 Pool: B1dgSF: 698 Ac: • MetroScan / Jefferson (CO) : Owner :Johnson Harley D Parcel : 043499 Site :4388 Garland St Wheat Ridge 80033 Xfered :06/09/1993 Mail :4388 Garland St Wheat Ridge Cc 80033 Price :$85,000 Use :1112 Res,Improved Land Phone Bedrm:3 Bath:1.75 TotRm: YB:1941 Pool: B1dgSF :1,276 Ac: • MetroScan / Jefferson (CO) : Owner :Selbe Larry/Byron;+ Parcel :043520 Site :4376 Garrison St Wheat Ridge 80033 Xfered :06/05/2002 Mail :4376 Garrison St Wheat Ridge Co 80033 Price :$165,000 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1953 Pool: B1dgSF :1,854 Ac: MetroScan / Jefferson (CO) : Owner :Meyer Thomas F Parcel :043531 Site :4370 Garland St Wheat Ridge 80033 Xfered :12/16/1987 Mail :4370 Garland St Wheat Ridge Co 80033 Price :$62,000 Use :1112 Res,Improved Land Phone Bedrm :2 Bath:1.00 TotRm: YB:1941 Pool: B1dgSF :840 Ac: MetroScan / Jefferson (CO) : Owner :Palumbo Martin T Parcel :043537 Site :4360 Garrison St Wheat Ridge 80033 Xfered :11/12/1998 Mail :4360 Garrison St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm :3 Bath:1.00 TotRm: YB:1964 Pool: B1dgSF :960 Ac: * : MetroScan / Jefferson (CO) • Owner :Shacklett Robert N Parcel :090361 Site :9200 W 44th Ave Wheat Ridge 80033 Xfered :07/15/1998 Mail :3592 Simms St Wheat Ridge Co 80033 Price :$325,000 Use :2112 Com,Improved Land Phone Bedrm : Bath: TotRm:l YB:1984 Pool : B1dgSF :2,604 Ac:.80 : MetroScan / Jefferson (CO) : Owner :Lev Susan Zall Parcel :090369 Site :9192 W 44th Ave Wheat Ridge 80033 Xfered :12/05/1976 Mail :PO Box 366 Crystal River F1 34423 Price Use :2112 Com,Improved Land Phone :352-795-6622 Bedrm : Bath: TotRm:l YB:1970 Pool : B1dgSF :5,226 Ac:.40 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. * Search Parameters * Jefferson (CO) * 5/5/2003 * 11:49 AM Parcel Number ...11 39 222 15 010 39 222 15 009 39 222 15 008 39 222 15 004 39 222 15 003 39 222 15 002 39 222 15 001 39 222 16 001 39 222 16 002 39 222 16 003 39 222 16 004 M O 140 1 140' 140' I A 15 2 3 16 4 N 011 N 001 001 - CY _ m 8-A - 10 5-B 0) m 002 6-A Y v 010 7-A ~ 002 ~ N N PART OF 5-A 6rB 7-8 8-3 0 s oat m aos 009 ° ; 003 40 107A I I•B v E 2 B 008 0 9A 0 004 'I oos H P P co V.A L L E GARDENS y oo~ 9-B 4) 10.8 II-A ; V 005 IZA b 008 0 0 0 005 007 a m 15 0 0 I2C'~ 13-8 14-8 15 006 IS~o, - TI39-223 2-0 140 140• ' 16 140 CENT 3 9 ec?mm 2 2 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 29th 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: Case No. WA-03-10: An application filed by David & 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. 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 City of Wheat Ridge of WHEgr Community Development Department Cp~ORA~O Memorandum (4 TO: SteveN.96en Tcm FROM: Travis Crane~<-6 SUBJECT: 4375 Garrison Street DATE: 2 May 2003 Steve, We have received an application for a fence permit for the above listed property. I have attached a copy of the aerial and the owner's proposal. He wishes to construct a fence on the northern property line. I have done some preliminary research, and it is difficult to ascertain if a fence on the northern property line would impact the floodplain. Could you please research this and let me know if a fence is feasible in this location? ,d } TP- P`-de G ,UaX-rlY, 1L4 ~~yGG /S /lt~dw~ Z- L .s-- S- 3 A N W Z 5W 15 5W 22 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) NW 22 WATER FEATURE , * DENOTES MULTIPLE ADDRESSES i • 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) 0 100 2GO '00 400 FA w DEPARTMENT OF MAP ADOPTED: June 15, 1994 `O~°•~° PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 N N W Z N 30 0 30 Feet Request for Zoning Variance at 4375 Garrison St., Wheat Ridge, CO 80033 LETTER OF REQUEST INDICATING FULL INTENT AND PURPOSE OF REQUEST Purpose of Eight Foot (8') Fence The noise from traffic on West 44 h Avenue is ever present, especially on summer evenings. The robust construction and 8' height of the fence will create a sound barrier, diverting the traffic noise, less than 100 feet away. The fence will delineate commercial property (US Auto Electric) on West 44th Avenue from residential property on Garrison Street. It also increases the privacy and security of residents on Garrison. The original fence in this location was very inadequate, consisting of wire and welded wire strung between T-bar posts. It did not offer any barrier to sound, litter or people walking from 44th into the neighborhood through the yard. As there is no exit from US Auto Electric onto Garrison, the location and height of the fence do not impair a driver's vision of traffic on Garrison. The attached petition, supporting the fence construction, is signed by five of my neighbors, including the owner of US Auto Electric. A sixth neighbor, who helped me auger the postholes, was unavailable to sign the petition. Location the privacy fence is located along the north property line at 4375 Garrison Street, between this property and U.S. Auto Electric, at 9200 West 44th Avenue. The setback from property line is 6". At its Garrison Street (east) end, the fence does not encroach on the public right-of-way; i.e. the fence is set back at least 6' from edge of current street pavement. At its other end (west), the fence will not encroach on the utility easement. Construction The privacy fence will be of all wood (pine/fir) construction consisting of posts, rails and pickets. The posts are round pressure-treated poles, 10' long and 7" minimum diameter. They are placed in postholes at least 3' deep, 1' wide and 8' apart. They are set in concrete. All utilities were located prior to any construction taking place. The fence rails consist of 2"x6" studs notched into the posts. The fence pickets are 1°x8" (nominal) rough sawn lumber. The fence will be 8' tall from the rear of the property to the front plane of the house and 6' tall thereafter. The "good side" of the fence will face out. L. Offersen Garrison St. 73-5813 (w) 84-3636 (fax) Detached Garage/Shed Worksheet Address: 43 5 GaarnsEn Zoning: g'2- Property in the flood plain? * Lot Size: U, 260 1" sq. ft. Maximum Lot Coverage: 4o %sq. ft. Existing Improvements: House: 033 sq. ft. Shed: lgo + 67.5 sq. ft.: 047. S Other: -1692 sq. ft. Proposed Improvement(s): (circle all that apply) Garage Shed Other sq. ft. sq. ft. sq. ft. Proposed Lot Coverage: (Total) % Z O S sq. ft. Required Setbacks: F S S R Provide tbacks: FR S S Maximum Height:/ ft. \ Maximum Size: ft. sq. ft. sq. ft. *Accessory structures less than 1,000 square feet not allowed in Commercial or Industrial zone districts. Access Notes For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site shall be surfaced with concrete, asphalt, brick pavers or similar materials. For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any property line, except when used as joint access for two or more lots. In residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width. One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet apart, measured from the interior edges. For all uses, one access point per property is permitted. P of w e4r COMMUNITY DEVELOPMENT DEPARTMENT o BUILDING INSPECTION LINE - 303-234-5933 CITY OF WHEAT RIDGE U m 7500 WEST 29TH AVENUE co o WHEAT RIDGE, CO 80215 - (303-235-288555,j) 7~~ CORPO APPU ~ATIOvlV Property Owner: Property Address: Contractor License No.: Building Permit Number: Date: FG)()1;5 Phone : S-V&1 G" (q' 'b()6 Company: Phone OWNERICONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed by this permit application are accurate, Construction Value:$ 5c C40 and do not violate applicable ordinances, rules orregulations of the City of Wheat Ridge or Permit Fee:$ covenants, easements orrestrictions ofre ord; thatall measurements shown, and allegations made are accurate; that I have read d agree to abide b c nditions printed on this Plan Review Fee:$ application and that I assumefu I r for co p] with the Wheat Ridge Building Code (II.B. and all At] r p p I able d dinances, with the under e Use Tax:$ this permit Total:$ DESCRIPTION: I 'f' 1~S~7~ 'I ~e Rq~ V BUILDING DEPARTMENT USE ONLY SIC: Sq.Ft.: ZONING COMMENTS: Approval: Zoning: BUILDING COMMENTS: Approval: PUBLIC WORKS COMMENTS: Approval: Occupancy: Walls: Roof: Stories: Residential Units: Electrical License No: Plumbing License No: Mechanical License No: Company: Company: Company: Expiration Date: Expiration Date: Expiration Date: Approval: Approval: Approval: (1) This permit was issued in accordance with the provisions set forth is your application and is subject to the laws of the State of Colorado and to the Zoning Regulations and Building Codes of Wheat Ridge, Colorado or any other applicable ordinances of the City. (2) This permit shall expire if (A) the work authorized is not commenced within sixty (60) days from issue data or (B) the building authorized is suspended or abandoned for a period of 120 days. (3) If this permit expires, a new permit may be acquvedforafee of one-half the amount normally required, provided no changes have been or will be made in theoriginalpl=mdspeclflcati=mdmysuspensionorabmdo=mthunotexceededone 1 . Ifc ()yearhangeshavebeenorifsuspensionorabandonment exceeds one (1) year, full fees shall be paid for a new permit (4) No work of any manner shall be done that will change the natural flow of water causing a drainage problem. (5) Contactorshallmtb"cBuilding rnspectortwenty-four(24)hours in advance for all inspections andshall receive written approval on inspection cad before proceeding with successive phases of the job. (6) The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of, any violation of the provisions of the building codes or any other ordinance, law, rule or regulation. Chief Building Inspector 05/05/2003 09:00 FAX 3033843636 Date: M. 5 2003 Number of pages, including shed cover 2 To: Travis Crane Phone: 303P.M3S-2849 FAX: ❑ Urgent ® Forymwrmew Deer Travis- Copy of survey enclosed for 4375 Garrison St Call me at 303/273-5813 if you have my questions. John L. Offersen ELLEN DREW PAGE 01/02 -John Otfersen- 4375 Garrison St. Wheat Ridge, CO 80033-3025 303/297-8713 (biome) From: John Offersen P4oae: 303/273-5813 FAX• 303/384-3636 Ema - eom M. City of Wheat Ridge Re* ASAP ❑ Please mMAM 05/05/2003 09:00 3033843636 ELLEN DREW PAGE 02/02 o~ N. 1/2 OF TRACT 7, HAPPY VALLEY GARDENS, COUNTY OF JEFFERSON, STATE OF COLORADO. TRACT 3 Scale: 1" t 30' 0 30 140' SS' I 2h0 n NORTH 1/2 OF °me TRACT 7 5y mC G NOS ONC N.F. 36.3 w ~ 7MR.4M6 ~ I Q f & W3733 V 0' WEU. CONO G N.F. C GRAVEL ~ OR~ - A I 140, I ~ I I SOUTH 1/2 OF I° TRACT 7 31 I I I I I I ~.-----.--.--,--•--•----J TRACT 11 THE EASEMENTS AND LEGAL DESCRIPTT N WWERE OBTAINED FROM THE PLAT, TITLE ERE PROVIDED BY FRONTIER TITLE,DCOMITMENT NO.M00-FIS898 C2 O 0 0 LW r U) z 0 U) R Q a 1 HEREBY CERTIFY THAT THIS )MPROVFMENT LOCATION CERTIFICATE WAS PREPARED FOR FRONTIER TITLE THAT R IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT R IS NOT TO BE RELIED UPON ERY ABSHMENT OF CEUILDINOR OTHER OEON 'THE ABIBED PARCEL ON RWIN THE OARIES OF THE PARCEL, EXN E DESCRIBED PREMSES BY IMPROVEMENTS ON T THERE IS NO APPARENT EVDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL. EXCEPT AS NOTED. A. S. ldel o r V, aax,aar m oru um w tool aaw er .a ro dwm x w. us ST Y r ...rr.. Eu215 'w" ~rrN. rk. Nr qd dmo... rem x r wpe m0 av mm laved ~P .r0'gp10T[q@ r~F( x Vb eex,"wa ma. Ner ~ p. ,Y su aver p ur awneaee Yem~6"~ia,~ ° .tom 121 ~t~ OWNER: OFFERSEN ADDRESS: 4375 GARRISON STREET N 12111 [DATE! 8-18-00 DRA NO. 92210 s ~ ~t a v i } r 7 z (A -n T ?1 ZD ► o t 32.0-i m O .1 CAR CONC N) BLOCK GAR. N . I o & SHOP Z r~ 00 L ^ 0Z< f I J L3.4' .6 y W y M< 1CI ..rmv 0 13.5'± I I Cm 101 T Iml I i II Z 0 ;u D n T -1 V ` A x-5.0' oo M D ;(A • 1 ' h LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29`s Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 11 (Please print or type all information) \ r Applicant V ~ 1J Address 4 Phone~j 2 CPV'5 City State --ef-CL_.- Zip f391_ _ Fax Owner- _ Address Phone City State Zip Fax Contact- S~~ Address CiTy State Phone (The person listed as contact will be contacted to answer questions regarding this application, rovide additional information when -necessZip Fax ary, hearing signs, and will receive a copy of the staff report prior to Public Hearing.) post Location of request Type of action requested (check one or more of the actions listed below which pertain to your request): Application ❑ Change of zone or zone conditions submittal requirements on reverse side ❑ Special Use Permit ❑ Consolidation Plat ❑ Flood Plain Special Exception ❑ Subdivision: Minor (5 lots or less) ❑ Lot Line Adjustment ❑ Subdivision: Major (More than S lots) ❑ Planned Building Group ❑ Right of Way Vacation ❑ Temporary Use, Building Sign ❑ Site Development Plan approval ❑ Other: , ZVariance/Waiver (from Section ) Detailed description of Required information: Assessors Parcel Number:- a) o Current Zoning: Current Use: I certify that the inforn and that in filing this a; without whose consent must submit S Size of Lot (acres or square footage): , Q JSF- Proposed Zoning: Proposed Use: exhibits herewith submitted are true and correct to the best of my knowledge I am acting with the knowledge and consent of those persons listed above, nnieyo- on ' lawfully be accomplished. Applicants other than owners ch a action on his behalf n Signature of Applicant f , !o Subs d and otu t meAtlii~' JO day of_q 2063 Ausur, '6F ...ti~~ Publi Co commission expires To be filled out by staff: Date received 'i~/•3a/0,3 Fee$X06' Receipt No.~s - 007 Comp Plan Desig. Zoning Case No. Related Case No. Quarter Pre-App Mtg. Date SectronMap ny IAJa,.~ Case Manager J qc 6TL`l- N Lu N 1 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO - PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES la~ 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 22 D ' x r~ J DEPARTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 F-- 1 d a('d d 5J 1 I NW 27 A 30 0 30 Feet lerk & Recorder Document Search - Jefferson County, Colorado Document Search Results: Recording Information: Reception Number: F1105605 codedesc: Warranty Deed recorddate: 08/28/2000 numpages: 001 pagefee: $5.00 docfee: $13.50 Original Return To: Grantor Name(s): Page 1 of 1 Grantee Name(s): OFFERSEN JOHN L OFFERSEN JOHN L Top of Page BEARD DANIEL H JR [Disclaimer] [Order Form] [Product Catalog] [Clerk Home] [County Home] Send mail to Jgraham@co.jegerson.co.us with questions or comments about this Web Site. Copyright © 2002, Jefferson County, Colorado. All rights reserved. Version: 1.0.0 ttp://ww4.co.jefferson.co.us/crint/servlet/cri2b?hdocnum=Fl 105605 5/1412003 roperty appraisal system Previous 7 OF 718 Next Location Map/Additional Information Send mail to assessor@cojefferson.co.us with questions or comments about this Website. Copyright @ 2003, Jefferson County, Colorado. All rights reserved. A Map of How to Get to Our Office Website information current through: Page 1 of 1 ttp://ww4.co.jefferson.co.us/ats/displaygeneral.do?sch=043422&offset=6 5/14/2003 Home - - 'l t:encral Property Records [c~tcrco>tt>Iti~n Return To: Wells Fargo Home Mortgage, Inc. 6501 S. Fiddlers Green Cir 105 Greenwood Village, CO 80111 303-694-9600 Prepared By: JANE STOLZ 6501 S. FIDDLERS GREEN CIR,105 GREEN WOOD VILLAGE, CO 80111 303-694-9800 RECEPTION 1,10. F1449 4E, 3/25/2002 12:59:25 PG: 001-015 PAGE FEE: 75.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO JnA0 [Space Above This Line For Recording Data] G 1) , , DC/ DEED OF TRUST Loan ID: 0024629891 DEFINITIONS 1-~ l' Words used in multiple sections of this document are defined below and other wards are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dared together with all Riders to this document. (B) "Borrower" is JOHN L. OFFERSEN Borrower is the trustor under this Security Instrument. (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender i5 a CORPORATION COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -6(CO) (0005) m Paa" 1 of 15 I?fall: VMP MORTGAGE FORMS - 18001521.1291 YE March 15th, 2002 Form 3006 1101 l III I[I~ IIIIlI IIII III MYCUSIUUT. Uraec CANS RECORDER. nFpl9TY CLG organized and existing under the laws of "The State of California" Lender's address is P.O. BOX 5137 DES MOINES, IA 50306 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee of JEFFERSON County, Colorado. (E) "Note" means the promissory note signed by Borrower and dated March 15th, 2002 The Note states that Borrower owes Lender one Hundred Twenty Five Thousand and no/100 and no/100 Dollars (U.S. $ 125, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1st, 2032 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate Rider Condominium Rider El Second Home Rider El Balloon Rider Planned Unit Development Rider D 1-4 Family Rider VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (,T) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) 'Periodic Payment' means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to m8al. " -1 4M -61col(o w Page 2 of 15 Form3006 7101 time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that patty has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (it) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdiction] of JEFFERSON [Name or Recording Judcdiction]. THE NORTH 1/2 OF TRACT 7, HAPPY VALLEY GARDENS, COUNTY OF JEFFERSON, STATE OF COLORADO. Parcel ID Number: 39-222-15-010 which currently has the address of 4375 GARRISON STREET IStreetl WHEATRIDGE [City], Colorado 80033 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real properly. Innv91a'~ (-61c0) i00051 Patua 3 of 15 Form 3006 1101 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance required by Lender under Section 5: and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow inmate:d-ms V ~-6tcoI =051 Pape4 of 15 Form 3006 1/01 J Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless initials M-6icol 100051 Png6 5 of 15 Form 3006 1101 (0 Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not [Wade promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the dM -S(CO) 100061 Pape 8 e 15 Form 3006 1/01 work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related [natters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall he responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. M®6tco) woo51 Pella 7 of 15 Form 3006 1101 D 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Nate rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source mta44: -6(COI tooos) Pay. a or 16 Form 3006 1101 q of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1"S or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were uneamed at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. hJ Initials: V 4M .6tC0) mom, Papa 9 of 15 Form 3006 1101 10 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower Will Constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's (M-6(00) I0oo51 Peg, 10 of 15 Form 3006 1101 ~k notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash: (b) money order; (c) Irnbals:~ (M-6(c01 loom Page n of is Form 3006 1101 0 1~- certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any as: (:::)~v V M-6tcoi [00051 Pape 12 o115 Forth 3006 1101 0 Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds or the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sutras secured by this Security Instrument, lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly canceled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. Inrtitlc. ~L/ V -6ICot 10005, P" 13 or 15 Form 3006 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: n ~ - I" I q _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower -6(COt (00051 page 14 or 15 Form 3006 1/01 STATE OF COLORADO, _-Wzt AD > County ss: The foregoing instrument was acknowledged before me this 15th day of March 2002 by JOHN L. OFFERSEN ) lG Witness my hand and official seal. My Commission Expires: am 04 -6(CO) 1t1ao51 Notary Public Page 15 of 15 Form 3006 1101 Case No.: A0312 Quarter Section Map N App: Last Name: Offersen Related Cases: App: First N ame: ohn Case Histor y: Owns r: Last Name: ame Owner: First Nam e: I App Addre ss: 375 Garrison St. Review Body: City, State Z ip: heat Ridge, CO 80033 APP: Pho ne: s031273-5813 APN: Owner Address: ame 2nd Revie wBody: City/St ate/Zip: i ~ Y 2nd Review Date Owner Phone: Fame Decision-making Body Project Address: 375 - Appro val/Denial Date: Street Name arrison Street City/State, Zip: heat Ridge, CO 80033 Reso/Ordinance No.: Case Disposition: I Project Planner. Crane File Lo cation: [Active Notes: Follow- Up: - o.: NW22 variance to fence height tandards BOA.-5122103 39-222-15410 BOA - 5122103 Conditions of Approval: District: Date Rec eived: 130/2003_ Pre-App Date: 1 CITY OF WHEAT RIDGE 051/6-' "C'_ 3.49 CAM rdh John L. Offet'=_.nri RECEIPT NO-CO15007 AMOUNT FMSP _Oia ildG APPLICATION F 300,00 zoile FMSI' TONING REI[1R!!RSEMENT MOO ='Mei iii PAYMENT RErEIUEU AMOUNT CK V1? 390.00 iOiAL ~9'"'00