The URL can be used to link to this page

Home My WebLink AboutWA-03-14City of Wheat Ridge of ""EgTP Community Development Department ° ~ m Memorandum Cp~~Rpp0 TO: Applicant; File FROM: Alan White, Community Development Director SUBJECT: WA-03-14/4091 Moore Street DATE: 7 July 2003 Case No. WA-03-14 is an application by Robert Ogard, to request an administrative variance; an increase of total allowable accessory building square footage. The property is located at 4091 Moore Street and is zoned Residential One-B (R-1B). For properties zoned R-113, a total of 1,000 square feet of accessory buildings such as detached garages and sheds is allowed. The applicant wishes to increase the maximum allowable square footage of accessory structures by 100 square feet, for a total of 1,100 square feet. Pursuant to Section 26-115 (C) of the Wheat Ridge Code of Laws, the Community Development Director is empowered to decide upon applications for a minor variance or waiver (10% or less), without requirement of public hearing, provided that the following conditions are met: 1. The variance or waiver does not exceed ten percent (10%) of the minimum or maximum standard; and 2. That the Community Development Director finds that the "findings of fact," as set forth below, are substantially complied with and support the request; and 3. The Community Development Director has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received in such ten-day period; and 4. That no additional dwelling units would result from approval of such variance or waiver; and 5. That the limitations of Charter Section 5.10.1 are not exceeded. If all the conditions above are met, the Community Development Director may issue an administrative variance provided the findings of fact below are met: Findings of Fact: The Community Development Director shall decide upon a request for a variance or waiver, and shall base his decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: 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? 2. If the variation were granted, would it alter the essential character of the locality? 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? 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 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 the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? 6. If criteria one through five 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? Upon review of the above request, the Community Development Director concludes that the above criteria are supportive of the variance request. There are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, the Community Development Director recommends APPROVAL for the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. The request will not be detrimental to the public welfare or injurious to other properties in the area, nor will it have an adverse effect on light or air to adjacent properties. This request for an administrative variance meets all applicable conditions as required by Section 26- 115(C) of the City of Wheat Ridge Code of Laws. Staff has not received comments in opposition to this request from the surrounding neighbors. Case No. WA 03-14 is hereby: APPROVED DENIED It/ I WITH CONDITIONS A, u c 7/610 Community Development Director (Date) No additional variances for accessory building square footage through the administrative variance process. City of Wheat Ridge of WHEgT Community Development Department Memorandum (4 CQ~ORA~~ TO: Applicant; File FROM: Alan White, Community Development Director SUBJECT: WA-03-14/4091 Moore Street DATE: 27 June 2003 Case No. WA-03-14 is an application by Robert Ogard, to request an administrative variance; a three (3) foot variance from the required thirty (30)-side front yard setback, when adjacent to a public street. The property is located at 4091 Moore Street and is zoned Residential One-B (R- 1B). Pursuant to Section 26-115 (C) of the Wheat Ridge Code of Laws, the Community Development Director is empowered to decide upon applications for a minor variance or waiver (10% or less), without requirement of public hearing, provided that the following conditions are met: 1. The variance or waiver does not exceed ten percent (10%) of the minimum or maximum standard; and 2. That the Community Development Director finds that the "findings of fact," as set forth below, are substantially complied with and support the request; and 3. The Community Development Director has notified adjacent property owners by letter notice and posting of the site at least ten (10) days prior to rendering his decision, and that no protests have been received in such ten-day period; and 4. That no additional dwelling units would result from approval of such variance or waiver; and 5. That the limitations of Charter Section 5. 10.1 are not exceeded. If all the conditions above are met, the Community Development Director may issue an administrative variance provided the findings of fact below are met: Findings of Fact: The Community Development Director shall decide upon a request for a variance or waiver, and shall base his decision in consideration of the extent to which the following facts, favorable to the applicant, have been established by the evidence: 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? 2. If the variation were granted, would it alter the essential character of the locality? 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? 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 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 the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? 6. If criteria one through five 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? Upon review of the above request, the Community Development Director concludes that the above criteria are supportive of the variance request. There are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, the Community Development Director recommends APPROVAL for the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interest in the property has not created the hardship. The hardship has been created by the shape and orientation of the lot. Because this is a corner lot, the proposed structure must have a side yard setback of thirty feet, rather than the five-foot setback requirement for non-corner lots. 3. The request will not be detrimental to the public welfare or injurious to other properties in the area, nor will it have an adverse effect on light or air to adjacent properties. This request for an administrative variance meets all applicable conditions as required by Section 26- 115(C) of the City of Wheat Ridge Code of Laws. Staff has not received comments in opposition to this request from the surrounding neighbors. Case No. WA 03-14 is hereby: APPROVED DENIED WITH CONDITIONS: A, Aik, 27 3 Community Development Directo ( ate) # 1 Owner Site Mail LandUse Tax Dist Bedrm: # 2 Owner Site Mail LandUse TaxDist Bedrm: # 3 Owner Site Mail LandUse Tax Dist Bedrm:3 # 4 Owner Site Mail LandUse TaxDist Bedrm: # 5 Owner Site Mail LandUse TaxDist Bedrm:2 # 6 Owner Site Mail LandUse TaxDist Bedrm: MetroScan / :Langdon George J :10551W 41st Ave Wheat Ridge 80033 :3570 Miller St Wheat Ridge Co 80033 _ :1112 Res,Improved Land :3141 Bth:1.00 YB:1946 Parking: MetroScan-l :Ogard Robert D :4091 Moore St Wheat Ridge 80033 :4091 Moore St Wheat Ridge Co 8 03~NO' :1112 Res,Improved Land / :3141 Bth:1.00 YB:1959 Parkin eta d tzoq§can :Kuczkowski Regina A :4070 Moore St Wheat Ridge 80033 :4070 Moore St Wheat Ridge Co 80033 :1112 Res,Improved Land :3141 Bth:1.00 YB:1958 Parking:Attached MetroScan / :Innacito John E :4090 Moore St Wheat Ridge 80033 :4090 Moore St Wheat Ridge Cc 80033 :1112 Res,Improved Land :3141 Bth:1.00 YB:1958 Parking: MetroScan / :Edinger Frances W :4061 Moore St Wheat Ridge 80033 :4061 Moore St Wheat Ridge Co 80033 :1112 Res,Improved Land :3141 Bth:1.50 YB:1958 Parking:Detached • MetroScan / :Ludwig Douglas E :10571 W 41st Ave Wheat Ridge 80033 :1685 Taft St Denver Cc 80215 :5112 Res,Apartments,Improved Land :3151 Bth: YB:1973 Parking: Jefferson Schedule :042969 7003 0500 0004 7661 0735 Price :$1001000 OwnerPh Firepl: TotArea:990 Ac:3.18 Jefferson • Schedule :048724 7003 0500 0004 7661 0728 Price OwnerPh Firepl: TotArea:768 Ac: / Jefferson : Schedule :049037 7003 0500 0004 7661 0742 Price u OwnerPh Firepl: TotArea:796 Ac: Jefferson • Schedule :049056 r49 214 11 015 7003 0500 0004 7661 0759 rrce OwnerPh . Firepl: TotArea:904 Ac: Jefferson Schedule :049086 7003 0500 0004 7661 0766 * * Price :$201,100 Full OwnerPh . Firepl: TotArea:1,256 Ac: Jefferson • Schedule :059887 7003 0500 0004 7661 0773 rice OwnerPh . Firepl: TotArea:3,744 Ac:.38 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. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 June 26, 2003 This is to inform you of Case No. WA-03-14, a request for an administrative variance of 100 square feet from the maximum allowable 1,000 square feet of building area for accessory structures in the R-1B zone district resulting in 1,100 square feet of total building area for accessory structures on property located at 4091 Moore Street. This coincides with the previous request for a 3 foot side yard setback variance mailed on June 17, 2003. The applicant is requesting an administrative variance review which allows no more than a ten percent (10%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on July 7, 2003. Thank you. eAp1=ning\foms\zapubnotwpd W4-as-/y # 1 Owner Site Mail LandUse TaxDist Bedrm: # 2 Owner Site Mail LandUse TaxDist Bedrm: # 3 Owner Site Mail LandUse TaxDist Bedrm:3 # 4 Owner Site Mail LandUse TaxDist Bedrm: # 5 Owner Site Mail LandUse TaxDist Bedrm:2 # 6 Owner Site Mail LandUse TaxDist Bedrm: MetroScan / Jefferson • :Langdon George J Schedule :042969 :10551 W 41st Ave Wheat Ridge 80033 7003 0500 0004 7661 0667 :3570 Miller St Wheat Ridge Co 80033 :1112 Res,Improved Land Price :$100,000 :3141 OwnerPh . Bth:1.00 YB:1946 Parking: Firepl: TotArea:990 Ac:3.18 MetroScan / Jefferson • :Ogard Robert D Schedule :048724 :4091 Moore St Wheat Ridge 80033 7003 0500 0004 7661 0674 :4091 Moore St Wheat Ridge Co 80033 :1112 Res,Improved Land Price :3141 OwnerPh Bth:1.00 YB:1959 Parking:Detached Firepl: TotArea:768 Ac: MetroScan / Jefferson • :Kuczkowski Regina A Schedule :049037 :4070 Moore St Wheat Ridge 80033 •'Q ~i4 11 n14 :4070 Moore St Wheat Ridge Co 80033 7003 0500 0004 7661 0681 :1112 Res,Improved Land Price , :3141 OwnerPh Bth:1.00 YB:1958 Parking:Attached Firepl: TotArea:796 Ac: MetroScan / Jefferson • :Innacito John E Schedule :049056 :4090 Moore St Wheat Ridge 80033 -IQ 914 11. 015 :4090 Moore St Wheat Ridge Co 80033 7003 0500 0004 7661 0698 :1112 Res,Improved Land Price :3141 OwnerPh Bth:1.00 YB:1958 Parking: Firepl: TotArea:904 Ac: * MetroScan / Jefferson :Edinger Frances W Schedule :049086 :9061 Moore St Wheat Ridge 80033 e :4061 Moore St Wheat Ridge Co 807003 0500 0004 7661 0704 :1112 Res,Improved Land Price :$201,100 Full :3141 OwnerPh . Bth:1.50 YB:1958 Parking:Detached Firepl: TotArea:1,256 Ac: MetroScan / Jefferson • :Ludwig Douglas E Schedule :059887 :10571 W 41st Ave Wheat :1685 Taft St Denver Cc :5112 Res,Apartments,Im; :3151 Bth: YB:1973 0 Ridge 80033 80215 7003 0500 0004 7661 0711 Droved Land Price OwnerPh Parking: Firepl: TotArea:3,744 Ac:.38 ooE~ ' oo E 3 AIM 1713 ~ 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. POSTING CERTIFICATION CASE NO. ~L) P, 03- /L/ PLANNING COMMISSION CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATE: Tun e e&+V\ 3Gca I, L (name) residing at 4 (3 ot I M oo re S-1- re~ (address) as the applicant for Case No. i j A _ 0:3 - I , hereby certify that I have posted the Notice of Public Hearing at on this )141 day of cal (Iocatio 20 p 3 , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: (Z c e_o C, . 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. f n e:lplanninglforms%postingcert Rev. 111103 r~ o MAP --~I 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Whelp Telephone 303/235-2846 Ridge FAX 303/235-2857 June 17, 2003 This is to inform you of Case No. WA-03-14, a request for an administrative variance of 3 feet from the required 30 foot side yard setback resulting in a 27 foot side yard setback for property located at 4091 Moore Street. The applicant is requesting an administrative variance review which allows no more than a ten percent (10%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on June 26, 2003. Thank you. e:\planning\foms\zapubnot.wpd * Search Parameters * Jefferson (CO) * 6/16/2003 * 11:05 AM Parcel Number ...6 39 214 10 022 39 214 10 021 39 214 04 003 39 214 00 009 39 214 11 015 39 214 11 014 642 205 m 1 2155' 3089, 1089' _ A B C GD 1 ® 'O 'n 002 ~ 003 ~ ~ 009 0 01 ~ W 0 N D E VISTA MINOR SUB. 2586 JEff CO 940-377 CO 938-466 979-223 -t I 8 Avenue WJE 0 286 1 19 103.45 25.8 012 103 46' 24-A 013 2d 048 _ 25-A 01126-A t 014 23-B'18 - nln ..m . fl o®27-A .I 016 22.8.1 Ic 85 w~l8A 016 21-8 - - ® 025 a ~ 29-B I 008 21-A I 017 29-A 026 20-B • 018 6 ; OS 87' 10588, - 103 45' 103 % r c ~41-B 001 30-B 014 -LL, -m 19-F 6111~ I 019 19-D - I- I „ - 026 - 02 19-C 6 6 40 A g O3 1'A 013 1 ~ 18-D IB-C ~ 40-8 012 31-8 m m 026 020 39-B 012 32'8 IB-p 021 18- Ba N 9-A • 011 32A - 006 17•A 021 16-B e J ,a 7 38•A II WA -8 1 004 16-A 022 c a WE 33.8 a 15-B 22 15- 6 005 4 01 0 1 15-C 15-D - C 003 23 o - • - 37-A 006 34-A ® I E d 1 002 14-8 • 14.0 23 1 36-A 007 10587 35 008 m 10568' 4 ' I 13A 21 13-8 024 6 91' 246 75' 24691' W 5' 7 S 8175 8 ES 04 75 9 H A H N 003 10 S 1 002 Im 1 B. 11-B 12 017 145 109 11' 2 (V2 ~ 022 n ® 019 21 ~ 241 020 021 ~ 0 20 2®023 020 0 (~/~~4 19 019 0 ® 026 IB 018 $ - 146 027 17 017 k 109.11' M It 6 8 101 I~ 2' I6a 016 q 001 a m 118 46 015 15 002 " W H E - AT ',RIDIG 3 003 14 014 m 4 004 13 Y 013 e $ ® 5 012 12 3 rd ° 6 006 II 011 _ - 7 007 010 10 $ 00 8 009 9 118 8' 118 44 ;p 119' 119' 42 51' n 015 I 30 ~ O 2 OI6 m 2O 29 014 017 X11 3 1 28 01 I 5 020 26 010 6 021 25 m m 009 7 022 24 rn 008 8 023 23 007 9 2 2 _ oz A OR 10 006 21 025 m C m II e 005 20 026 n 0 12 "a 004 a 19 027 FL SIB. 13 003 028 IB 14 002 17 A 029 ~ l 38' $ I I 15 001 ' 030 16 ' 119 a 119 th Place g 105 35 O 206 183 nr 42 85' A D 79 90 60 115' 032 4A_0~3_7) LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29tb Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 Applicant / pzZT C969 City JAJJ 7aOt Owner 1 P I-A-dleo e76AW (Please print or type all information) Address Aea24~C- Si : Phone State eei Zip 0033 Fax Address SxA Phone. State Zip Fax_ Comact& €Ly~j~ ld 9iv4riC ddress /Zr~ SO. Aa l Si- y7 Phone_!; ~7,si~ City b1-A1E0= State 6) Zip Ae?643 Faxj, Sib-L2oJ (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary. post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval ~k Variance/Waiver (from Section ) ❑ Other: Detailed description of request: Required information: Assessors Parcel Number: Current Zoning: Current Use: Size of Lot (acres or square footage Proposed Zoning: Proposed Use: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose c nsent the requested action cannot lawfully be accomplished. Applicants other than owners must submit pow f-a rltey from the owner which approved of this action on his behalf me this expires rC.bx a00(0 To be filled out by staff: Date received 0113163 Comp Plan Desig. Related Case No. MY COMMISSION EXPIRES: FEBRUARY 21, 2006 Fee$ op ReceiptNo s3 a Zoning Pre-App Mtg. Date Case No.~j Quarter Section Map , e Case Manager A11ORdAb1E GARAGES 1251 S Huron St Unit A Denver, CO 80223 - (303) 384-3242 Bank Financing Available Inexpensive Garages Custom Garages Expansion Detached Attached Licensed Insured June 13, 2003 Community Development Department 7500 West 29th Avenue :'Wheat Ridge, CO 80033 RE: Robert and Janice Ogard 4091 Moore St. To Whom It May Concern: We are requesting a 10% setback variance for the above property. We would like to go 27' from the north property line instead of 30'. In addition, we would also like a 10% increase in maximum allowable out buildings, from 1,000 to 1,100. Ken Relyea Affordable Garages N 26 ur u d one ROBERT: D. A of the of the TER and No/100-- = - ------DOLLARS to the said part ies'.° of the first part in hampaid by theaaid parties of the second part, the receipt whereof is hereby confessed and acknowledged, have remised. released, sold, conveyed and quit claimed, and by these presents do 'remise, release, sell, convey and quit claim unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the right, title, interest, claim and demand which the said parties of the first part have ti~m and to the following described lot or parcel of land, situate, lying and being in theme K -Y4's-~r s~&K~~. }c~'- County of Jefferson and State of Colorado to-wit ti d.' f; -Al legs thereunto belonging or in an; and claim whatsoever of the said ps of the second part, the survivor of t IN WITNESS WHEREOF, 7 hand and aeai -..:i. the day a Signed, Sealed and Delivered ~in tf unto appertaining, and all the estate, right, title, interest, the first part, either in law or equity, unto the said pasties :sslgns, and the heirs and assigns of such survivor forever. t . of the first part ha hereunto set ' :t above written S ATE OF C LORADO s. County of m F. The foregoing instrument was acknowledged ht(ore me this dayu. 19&/,bv WITNESS my hand and official seal, .k.K ..Poae... r No. a. M tlutt CWt need.-T. Ios,n Tmvnn. v~iv 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303/ 235-2846 Fax: 303/235-2857 The City of Wheat Ridge 11 June 2003 -1 Zo 6-7 D Z Z01 Rob and Janice Ogard 4091 Moore Street Wheat Ridge, Colorado 80033 RE: Building Permit Application for Detached Garage at 4091 Moore St. Dear Mr. And Mrs. Ogard: I have completed my initial review of the above-mentioned building permit application, and I have the following comments: 1. The garage must be setback at least thirty-feet (30') from the northern property line. The submitted site plan shows the garage setback approximately twenty-six and a half feet (26.5') from the northern property line. 2. The proposed garage exceeds the maximum allowable square footage in the R-113 zone district. This district allows a total of 1,000 square feet of "outbuildings". The square footage of the existing garage, existing shed and proposed garage exceed this 1,000 square foot limit. 3. Please detail the overall height of the proposed garage, measured from finished grade to the highest point of structure. Please make all required corrections prior to the next resubmittal. If you have any further questions, feel free to give me a call. I can be reached at 303.235.2849. Thank you, Travis R. Crane Planner Case No.: App: Last Name: App: First N ame: Owne r: Last Name: Owner: First Nam e: App Addre ss: City, State Z ip: App: Pho ne: Owner Address: City/St ate/Zip: Owner Phone: Project Address: Street Name : CitylState, Zip: Case Disposition: Project Planner: File Lo cation: Not es: Follow- Up: A0314 _ Quarter Section Map N gard,. Robert -J Related Cases: Flo Affordable Garages. Case Histor y: gard Rob & Janice 1251 S. Huron St., A Review Body: Denver, CO 80223 303-384.3272 APN: 091 Moore St. 2nd Revie w Body: seat Ridge, CO 80033 2nd Review Date 303-423-5843 Decision-making Body 091 Approval/Denial Date: Moore Street Ph-eat Ridge, CO 80033 Reso/Ordinance No.: rane dive o.: ISE211 F yard setback dm._.. r9-21214-1-0-002 Conditions of Approval: District: III. Date Rec eived: 6/1312003 Pre-App Date: F_ 'TY Fir- 10-ERT EDGE _..3 Y!?. is ft CJU FFo'(i~Ni PEr: T4E-'ii nflirph'j PTA! _306 A