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HomeMy WebLinkAboutWA-03-197500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 November 4, 2003 Stan Hergenreter 2835 Newland Ct. Wheat Ridge, CO 80033 Dear Mr. Hergenreter RE: Case No. WA-03-19 Ridge Please be advised that at its meeting of October 23, 2003, the Board of Adjustment APPROVED your requests for a 21-foot side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street resulting in a 9-foot side yard setback AND a 15-foot rear yard setback variance from the 30-foot rear yard setback requirement when adjacent to a public street resulting in a 15-foot rear yard setback for property zoned Residential-One (R-1) and located at 2835 Newland Court for the following reasons: 1. There are a number of unique circumstances which create a hardship in the placement of the proposed detached garage: a triple lot frontage, location of the right-of-way, and a number of large mature trees. All of these would make it extremely difficult to build the detached garage and meet all required setbacks in the building code. 2. Granting the variance would not be detrimental to public welfare or injurious to the surrounding area. 3. Staff recommended approval. 4. Currently, existing windows on the existing structure impair the ability to shift the garage to the south. 5. If approved, this variance would result in the removal of an 8x12-foot shed currently existing in a nonconforming location. 6. A petition in favor of this variance was submitted by eight neighbors. With the following condition: The City of Wheat The garage be constructed of brick on the front and siding on the balance of the structure. Stan Hergenreter Page 2 November 4, 2003 Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting, October 23, 2003. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, April 20, 2004, unless a building permit has been obtained. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fiel Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-03-19 (case file) Building File Q\Documents and Settings\kathyf\My DocumentsTK thy\BOA\CORRESP\2003\wa0319approval.wpd CERTIFICATE OF RESOLUTION 1, 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 23`d day of October, 2003. CASE NO: WA-03-19 APPLICANT'S NAME: Stan and Sharon Hergenreter LOCATION: 2835 Newland Court WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-19 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-03-19 be, and hereby is, APPROVED. TYPE OF VARIANCE: A 21-foot side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street resulting in a 9-foot side yard setback AND a 15-foot rear yard setback variance from the 30-foot rear yard setback requirement when adjacent to a public street resulting in a 15-foot rear yard setback for property zoned Residential One and located at 2835 Newland Court. FOR THE FOLLOWING REASONS: There are a number of unique circumstances which create a hardship in the placement of the proposed detached garage: triple lot frontage, location of the right-of-way, and a number of large mature trees. All of these would make it extremely difficult to build the detached garage and meet all required setbacks in the building code. 2. Granting the variance would not be detrimental to public welfare or injurious to the surrounding area. 1 Staff recommended approval. Currently existing windows on the existing structure impair the ability to shift the garage to the south. Board of Adjustment Resolution WA-03-19 Page 2 This variance would result in the removal of an 8 x 12-foot shed currently existing in a nonconforming location. 6. A petition in favor of this variance was submitted by eight neighbors. WITH THE FOLLOWING CONDITION: 1. The garage shall be constructed of brick on the front and siding on the balance of the structure. VOTE: YES: ABBOTT, BLAIR, ECHELMEYER, HOVLAND, HOWARD SCHULZ NO: DRDA ABSENT: None DISPOSITION: A request for a 21-foot side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street resulting in a 9-foot side yard setback AND a 15-foot rear yard setback variance from the 30-foot rear yard setback requirement when adjacent to a public street resulting in a 15-foot rear yard setback for property zoned Residential One and located at 2835 Newland Court was APPROVED. ADOPTED and made effective this 23d day of October, 2003. Paul Drda, Chal Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment Board Member ABBOTT offered the following friendly amendments: Under part (A) regarding landscaping, add the following reason: "Lamar Street is used, in fact, as an alley rather than a street. Therefore, landscaping it would appear impractical and of no benefit to the neighborhood." The amendment was accepted by Board Members SCHULZ and HOWARD. Under part (B) regarding lot coverage, add the following reason: "Currently occurring noncomplying outside storage will become complying inside storage and therefore benefit the neighborhood." The amendment was accepted by Board Members SCHULZ and HOWARD. Board Member HOVLAND offered the following friendly amendment: Add a condition that the size of the addition is not to exceed the size presented at the hearing; and that landscaping occur as discussed at the hearing. The amendment was accepted by Board Members SCHULZ and HOWARD. Board Member ABBOTT commented that he would still like to accept the applicant's offer to place two street trees in the Marshall Street right-of-way which is a barren desolate stretch of highway and, even though it is state right-of-way, it would be a betterment to the neighborhood as well as the business. He offered this as a friendly amendment. Chair DRDA expressed concern that this would mandate something outside the city's jurisdiction. Travis Crane strongly advised against asking the applicant to plant street trees in the right-of-way even though the applicant is aware that the state could, at some time, require the trees to be removed. This would, in effect, be asking the applicant to place trees on someone else's property. It could also be a hinderance to parking in front of the building. Board Member ABBOTT withdrew his amendment. The motion passed 6-1 with Board Member DRDA voting no. a Chair DRDA advised the applicant that his request was approved. (Chair DRDA declared a brief recess at 9:05 p.m. The meeting was reconvened at 9:12 p.m.) B. Case No. WA-03-19: An application filed by Stan and Sharon Hergenreter for approval of a 21-foot side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street resulting in a 9-foot side yard setback AND a 15-foot rear yard setback variance from the 30-foot rear yard Board of Adjustment Page 6 10/23/03 setback requirement when adjacent to a public street resulting in a 15-foot rear yard setback for property zoned Residential One and located at 2835 Newland Court. This case was presented by Travis Crane. He advised the Board there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. Staff recommended approval of this request for reasons outlined in the staff report. An additional reason that this request would not alter the character of the locality (not included in the staff report) is that a variance was granted for property directly to the west across Otis Court and a couple of houses to the south. Board Member ABBOTT asked if the existing shed complies with the code. Travis stated that it doesn't appear to be in compliance; however, it was probably erected at a time when the city had no permit requirements for sheds 120 square feet, or less, in size. Location permits are now required for sheds this size. In response to a question from Board Member DRDA regarding hardship, Travis explained that staff believes it is not a self-imposed hardship because the property presents the atypical situation of having three street frontages each of which would require a 30-foot setback. Board Member HOVLAND asked for further explanation about the 15-foot request. Travis explained that the case was originally published as a 15-foot setback variance from the rear property line and, since that time, more accurate measurements revealed the proposed garage would be 16 feet on the west side and does not affect the sight distance triangle. In response to a question from Board Member HOVLAND, Travis Crane stated that the existing fence is in the sight distance triangle. RAFT Stan Hergenreter 2835 Newland Court Mr. Hergenreter was sworn in by Chair DRDA. He invited questions and stated he had nothing to add to the staff report other than that when the fence was installed over thirty years ago they were not aware of the sight triangle issue. Board Member ECHELMEYER asked if the fence would remain if the variance is granted. Mr. Hergenreter stated the fence would go up to the east side of the proposed garage. In response to questions from Board Member HOWARD, Mr. Hergenreter stated that the existing shed would be removed, the asphalt would be removed and a concrete driveway installed. He also stated that the proposed garage could not be moved farther south onto the property because it would overlap the house and be very close to a window. Travis Board of Adjustment Page 7 10/23/03 Crane explained that windows on the house within 36 inches of the garage would have to be closed up according to the Uniform Building Code. There were no other individuals signed up to speak. Upon a motion by Board Member BLAIR and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-19 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 03-19 be, and hereby is, approved. Type of Variance: A 21-foot side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street resulting in a 9-foot side yard setback AND a 15-foot rear yard setback variance from the 30-foot rear yard setback requirement when adjacent to a public street resulting in a 15-foot rear yard setback. For the following reasons: P-RAFT 1. There are a number of unique circumstances which create a hardship in the placement of the proposed detached garage: a triple lot frontage, location of the right-of-way, and a number of large mature trees. All of these would make it extremely difficult to build the detached garage and meet all required setbacks in the building code. 2. Granting the variance would not be detrimental to public welfare or injurious to the surrounding area. 3. Staff recommended approval. Board Member ABBOTT offered the following friendly amendments: (1) Currently, existing windows on the existing structure impair the ability to shift the garage to the south. (2) If approved, this variance would result in the removal of an 8x12-foot shed currently existing in a nonconforming location. (3) The current dwelling has Board of Adjustment Page 8 10/23/03 no garage. A garage has become a societal benefit to any single-family dwelling and therefore construction of a garage at this location could be considered an improvement to the general neighborhood and property values. (4) A petition in favor of this variance was submitted by eight neighbors. Board Members BLAIR and ECHELMEYER accepted amendments 1, 2 and 4, but did not accept amendment 3. Board Member ABBOTT withdrew amendment 3. Board Member HOWARD asked what construction materials are planned for the proposed garage. The applicant stated the garage would match the house with brick on front and siding on the remainder of the structure. Board Member ABBOTT offered a friendly amendment to add a condition that the garage be constructed of brick on the front and siding on the balance of the structure. This amendment was accepted by Board Members BLAIR and ECHELMEYER. The motion passed 7-0. Chair DRDA advised the applicants that their request for variance was approved. C. Case No. WA-03-20: An application filed by Jack and Paulette Cooper for approval of a 7-foot side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street resulting in a 23-foot side yard setback for property zoned Residential-One and located at 3890 Hoyt Street. This case was presented by Meredith Reckert. She advised the Board there was jurisdiction to hear the case. She entered all pertinent documents into the record and reviewed the staff report and digital presentation. Staff recommended approval of this request for reasons outlined in the staff report. e Jack and Paulette Cooper 6` ` T 3890 Hoyt Street Jack and Paulette Cooper were sworn in by Chair DRDA. In response to an earlier question from Board Member DRDA regarding the placement of their remodeling project, Mrs. Cooper explained that the addition could not be extended into the southern portion of the yard due to the presence of a bathroom window, a vent from a high efficiency furnace and the electrical box for the house. In response to a question from Board Member HOWARD, Mr. Cooper explained that the existing breezeway between the house and garage would be enclosed in order to enlarge the kitchen. The front portion, which would extend 7 feet from the existing house, would also have an entrance into the house. Mrs. Cooper provided a layout of the proposed addition for the Board's review. The layout was entered into the record and made a part of the official record. Board of Adjustment Page 9 10/23/03 2$35 Newland Court A request for approval of a 21-foot side yard setback variance AND approval of a 15-foot rear yard setback variance from Newland Cow[ (C54 i r ~ 3 3 v Northwest corner of subject pmperry (28°' Place and Otis CL) Variance Criteria Request "A" is a request for approval ofa 21-foot side yard setback variance resulting in a 9-foot side yard setback. Request "B" is a request for approval of a 15-foot rear yard setback variance resulting in a 15-foot rear yard setback. Each request will require separate discussion and a separate motion. Staff is recommending APPROVAL of both requests for reasons outlined in the staff report. There are unique circumstances involved Applicant has not created a self-imposed hardship Will not be detrimental to public welfare Could result in a benefit or contribution to the neighborhood CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: September 25, 2003 DATE PREPARED: September 15, 2003 CASE NO. & NAME: WA-03-19/Hergenreter CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of a 21-foot side yard setback variance, resulting in a 9-foot front yard setback when adjacent to a public street, and approval of a 15- foot rear yard setback variance, resulting in a 15-foot rear yard setback when adjacent to a public street. LOCATION OF REQUEST: 2835 Newland Court NAME & ADDRESS OF APPLICANT (S): Stan and Sharon Hergemeter 2835 Newland Court Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER (S): same APPOXIMATE AREA: PRESENT ZONING: 13,200 square feet (30 Acres) Residential-One (R-1) PRESENT LAND USE: Single-Family Residential SURROUNDING ZONING: N; S; E; & W: Residential-One SURROUNDING LAND USE: N; S; E; & W: Single-Family Residential DATE PUBLISHED: September 11, 2003 DATE POSTED: September 11, 2003 DATE LEGAL NOTICES SENT: September 11, 2003 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS (X) EXHIBITS (X) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. L REQUEST The property in question is located at 2835 Newland Court, and is currently the residence for the applicants. The property is zoned Residential-One (Exhibit 1, Zoning Map). The applicants and owners, Stan and Sharon Hergenreter, are requesting two separate variances with this application (Exhibit 2, Deed). Request "A" is a request for approval of a 21-foot side yard setback variance resulting in a 9-foot side yard setback. Request "B" is a request for approval of a 15-foot rear yard setback variance resulting in a 15-foot rear yard setback (Exhibit 3, Letter of Request). The northwest corner of the garage will be located 15 feet from the right-of-way, however most of the western side of the garage will be located approximately 19 feet from the property line. This difference in setback distance is due to the fact that the comer of the lot contains a curve radius. It should be noted that Request "A" was originally published as a 24-foot side yard variance, however, upon review by Staff, it was determined that the structure would have been located within the sight distance triangle. The applicants then modified the request, resulting in a request for a 21-foot side yard setback. The applicants may request a lesser variance, that is, the variance request may be granted for a lesser distance. II. SITE PLAN Request "A" is a request for a 21-foot side yard setback variance from the required 30-foot side yard setback when adjacent to a public street in the R-1 district. Request "B" is a request for a 15-foot rear yard setback variance from the required thirty-foot rear yard setback when adjacent to a public street. The property has frontage on three streets; Newland Court, West 28`h Place and Otis Court (Exhibit 4, Site Plan). The existing structure is approximately 1,530 square feet. The applicants wish to construct a 504 square foot detached garage. The applicants are not required to submit a detailed plan for the garage until the building permit stage, but have indicated that the construction will closely resemble the existing house. The applicants have indicated that the detached garage will be approximately 12 to 14 feet tall. The R-1 zone district allows detached garages to be a maximum of 20 feet tall. Pursuant to the Code of Laws, a detached garage must be 30 feet from any dedicated right-of-way. All other development standards, including maximum lot coverage and structure height, will be met. The applicant has been advised that the distance between the detached garage and the house must be at least three feet, pursuant to the Uniform Building Code. The site plan shows the detached garage will be at least three feet from the existing structure. The applicant has indicated that several mature trees located on the western side of the property and a well located in the southwestern corner of the property hinder the ability to construct the garage in another location. Board of Adjustment WA-03-19/Hergenreter The existing single-family structure does not have a garage, carport, or a parking pad. The applicants currently park their vehicles on the street in front of their house. There is an existing 120 square foot shed located approximately two feet from the northern property line. A permit was not submitted for this shed. A building permit is not required for a shed of this size, however a placement permit is required. A placement permit is a no-fee permit submitted to ensure the proposed shed will comply with all required setbacks. A shed in the R-1 zone district is required to be setback a minimum of fifteen feet from a side property line and five feet from a rear property line, regardless of the presence of right-of-way. The applicant has indicated that this shed will be removed prior to construction of the garage. The City has received a signed petition of support from adjacent neighbors (Exhibit 5, Petition). III. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request. Because the requests are inter-related, they will be discussed in tandem. However, each request will warrant a separate motion. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? Request A and B: If the requests are denied, the property may still receive a reasonable return in use. The property is currently utilized as a single-family residence, and this use may continue, regardless of the outcome of these variance requests. Granting of these requests will provide a level of convenience for the applicants. 2. If the variance were granted, would it alter the essential character of the locality? Request A and B: If the variances were granted, the character of the locality would most likely not be altered. Most of the residential structures in the surrounding area meet the required thirty-foot setback when adjacent to a public street. A six-foot fence that surrounds the property and several mature trees will help camouflage the proposed structure, thereby offsetting the impacts of the reduced setbacks. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Request A and B: The lot does have a unique circumstance. It is bounded on three sides by public right-of-way. Pursuant to the Code of Laws, a detached garage must be setback at least thirty feet from any dedicated right-of-way. This leaves a very small area of opportunity for the construction of a detached garage. Several mature trees will hinder any alternative location of the detached garage. Trees on the south side of the house could potentially prevent the construction of any attached garage on the south side. A well and Board of Adjustment WA-03-19/Hergenreter more mature trees prevent the construction of the detached garage in the southwest corner of the property. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Request A and B: The applicant has not created a self-imposed hardship. The lot has frontage on three streets, thereby increasing the required setback for the detached garage. There are no other properties in the area that have frontage on three streets. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Request A and B: The requests would not be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of these requests. The requests would not increase congestion in the streets, nor increase the danger of fire. The requests would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? Request A and :The requests could potentially result in a contribution or benefit to the neighborhood by providing off-street parking for the applicants. This would also be a convenience for the property owners. The requests would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Each variance will require a separate motion. Request A Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. A person having interest in the property has not created the hardship. 2. The triple lot frontage creates a unique circumstance that severely hinders the potential for construction of a detached garage. 3. The location of the right-of-way, in addition to the number of large mature trees and the location of the well would make it extremely difficult to build a detached garage while meeting all required setbacks and the Building Code. Board of Adjustment WA-03-19/Hergenreter 4. Granting of the variance will not be detrimental to the public welfare or injurious to the surrounding area. With the following condition: 1. The existing shed located near the northern property line is moved to a location on the property where it can meet all required setbacks. Request B Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. A person having interest in the property has not created the hardship. 2. The triple lot frontage creates a unique circumstance that severely hinders the potential for construction of a detached garage. 3. The location of the right-of-way, in addition to the number of large mature trees and the location of the well would make it extremely difficult to build a detached garage while meeting all required setbacks and the Building Code. 4. Granting of the variance will not be detrimental to the public welfare or injurious to the surrounding area. Board of Adjustment WA-03-19/Hergenreter EXHIBIT 1 NW 25 N W N Site OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENT OF MAP ADOPTED: June 15, 1994 91 ANNINr ANn DF i nPMFNT Last Revision: September 10, 2 R'~ $ R-0Aa PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) e1 a1 a1 zl . IL SW 25 O 100 200 YOD Y-O Fcc. q N W N z E ~BIT MOM" i R1C01D1Y4 riAYr. Na 4ab Sixteenth dad June cemtsa Jefferson .eeeaaat a d W thatP %zaa 2 r.:a; z fk STAN Re MMEMRETSH and SUMS IIEROEMSST68 eta. 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Huh "SI N N Q Qil lv 'ev }t -e .rx o, Ip G7 C? t7 ~ Ir N U > o~ S v 0 oeptenmber 17 2005 G/tq of Wheatr/dge Gortirhynity Deve%prtiee X500 0429tH Aleme WIleatr/dge, Go%rado 80055 To Wlfow It May Goacern This letter is a m pest for a variahce for the pyrpose of constr#,-fhV a garage on oyr property located 0,2855 Newland Goyrt We do hot have a garage oh ow property, and, as we are getting older, We World like to have ow vehicles /ns/de a garage . exre we are located Al the rtiiddle of a c/rc% One sides of ow property are exvosed to the street WAIN, makes /t /rnposs/ble to constryct a garage ahd !sleet city Ord/hahces. 60hseVeOA1 We are Mpest/hg a var/ahce AON fke 50 foot s/de yard setback to 9 feet ahd the rear yard setback f,-O& 50 feet to 15 feet The front s/de of oyr property Woy/d rmdw 50 feet The garage World be cohsPwkd to co/hc/de W/th ttie enter/or of oyr horse Wh/ch W/ll be a coryb/hatloll of s/d/hg ahd br/ck Landscapiny W//l be added to prodyce an attract/ve add/t/oh Thank yoy for yvw cons/derat/oh S/ncerely, glC.c Stan and Sharon Herge ter 2855 MW/and Gowf Denver, Colorado 80214 " 505 257-0669 r p O Ol Y i O L O 0 W 0 0 O V U M c v ro u ) 0 w N z W M p w m z-C7 N3 K w 2 0 O ~ 4 O - N ¢ d o 0 0! xw ~ W z r~. 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E L L a An v E y y E o a~m a Z 5 Z= c v N c O ° 0 N vi m U C LcE'vv y N 0c C m u'- O y ° O m O U p 0 C C V • -a J C D O Z ~ ° C 0, 0 m c a t- O T v... L O T L U m m ? y I O U 0 0 IM J C C N O mt, C m U O y, U T a O m .0 N m v m.~ N - L a`~ ..m a ~y0'Eron L O- 7 U xr0 E F g .m++j1U J ui w J ~ o Y ~ S ~ QNW O m T5W~ ?CYCNA~ V 0 3 V Y W p F)) =0 IIy0y Lv W W W y32 6 F W Z 2 N 33~ ; j m CS r 00 WyWj ~J 1ZY~a= m~ctjj800 ZU zz owl 0^U Q;A=IM EXHIBIT 5 Dear Neighbor, We would like to construct a garage on our property. Because of the location of our property in the middle of the circle, we need to have the City of Wheatridge approve or grant us a variance on our north and west sides of our property. Attached is a copy of our proposed garage site. Please sign your full name, address and date if you approve of our constructing a garage. Thank you, Stan and Sharon Hergenreter 2835 Newland Court NAME ADDRESS DATE W z84z~ d a~- 43% Y12- 3/0 3 a~ s ~~a -3/(23 NAME 06P- ef~TTE ADDRESS ~S o~is z/- DATE 'Ile AkJ6",Zk(--, q1i /03 O POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / C HEARING DATE: \(o I, residing at COUNCIL OARD OF ADJUSTMENT ircle One) 2 (n a m e) \C`~`' (adcdress) as the applicant for Case No. hereby certify that I have posted the Notice of Public Hearing at 5~ \U W~W a 01 (`location) on this day of OC✓ D ~ OK 20 03> , 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. Signatut , NOTE: This form must be submitted at the public hearing on this case and wi be placed in the applicant's case file at the Community Development Department. IC M A P y \yF'it~SsL l e:\planning\forms\postingcert Ikp Rev. 1/1/03 70D-21 0500 0004 7661 2869 Cecil T. McGlothlen 2835 Otis Ct. Wheat Ridge, CO 80214 7003 0500 0004 7661 2883 Pearl A. Madron 2830 Newland Ct. Wheat Ridge, CO 80214 7003 0500 0004 7661 2906 Frank L. Wilson 2845 Otis Ct. Wheat Ridge, CO 80214 7003 0500 0004 7661 2920 Stan R. Hergenreter 2835 Newland Ct. Wheat Ridge, CO 80214 7003 0500 0004 7661 2944 Rose A. Uyemura 2855 Otis Ct. Wheat Ridge, CO 80214 r~_yy Wy~ , 10 7003 0500 0004 764y1 2876 Kirk B. Harper \ 1 2830 Otis Ct. ~ Wheat Ridge, CO 8021 7003 0500 0004 76 Kei ran 61 2890 2820 Newland Ct. Wheat Ridge, CO 80214 7003 0500 0004 7661 2913 Joe M. Cordova 2840 Newland Ct. Wheat Ridge, CO 80214 7003 0500 0004 7661 2937 Adolph Steinbach, Jr. 2850 Newland Ct. Wheat Ridge, CO 80214 7003 0500 0004 7661 2951 John D. Yates 2865 Otis Ct. Wheat Ridge, A 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 October 9, 2003 Dear Property Owner: This is to inform you of Case No. WA-03-19 which is a request for approval of a 21 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 9 foot side yard setback AND a 15 foot rear yard setback variance from the 30 foot rear yard setback requirement when adjacent to a public street resulting in a 15 foot rear yard setback for property zoned Residential-One (R-1) and located at 2835 Newland Court. 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 October 23, 2003, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303- 235-2846. Thank you. Planning Division. CADocuments and SettingsTathyAMy Documents\Katby\BOA\pubnotice\2003\wa0319B.wpd Cecil T. McGlothlen Kirk B. Harper 2835 Otis Ct. 2830 Otis Ct. Wheat Ridge, CO 80214 Wheat Ridge, CO 80214 Keith Francis Corrette Frank L. Wilson 2820 Newland Ct. 2845 Otis Ct. Wheat Ridge, CO 80214 Wheat Ridge, CO 80214 Stan R. Hergenreter Adolph Steinbach, Jr. 2835 Newland Ct. 2850 Newland Ct. Wheat Ridge, CO 80214 Wheat Ridge, CO 80214 John D. Yates 2865 Otis Ct. Wheat Ridge, CO 80214 Pearl A. Madron 2830 Newland Ct. Wheat Ridge, CO 80214 Joe M. Cordova 2840 Newland Ct. Wheat Ridge, CO 80214 Rose A. Uyemura 2855 Otis Ct. Wheat Ridge, CO 80214 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 October 23, 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 petitions shall be heard: Case No. WA-03-13: An application filed by William Hinkley for approval of a partial waiver of Section 26-501 (Parking Requirements) AND a partial waiver of Section 26- 502 (Landscape Requirements) AND an increase to maximum lot coverage for property zoned Commercial-One (C-1) and located at 4892 Marshall Street. Case No. WA-03-19: An application filed by Stan and Sharon Hergenreter for approval of a 21 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 9 foot side yard setback AND a 15 foot rear yard setback variance from the 30 foot rear yard setback requirement when adjacent to a public street resulting in a 15 foot rear yard setback for property zoned Residential-One (R-1) and located at 2835 Newland Court. Case No. WA-03-20: An application filed by Jack and Paulette Cooper for approval of a 7 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 23 foot side yard setback for property zoned Residential-One (R-1) and located at 3890 Hoyt Street. Case No. TUP-03-02: An application filed by Trugreen Landcare for approval of a one- year Temporary Structure Permit to allow three office trailers on property zoned Commercial-Two (C-2) and located at 8935 West 44th Avenue. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: October 9, 2003 # 1 Owner Site Mail LandUse TaxDist Bedrm:4 # 2 Owner Site Mail LandUse TaxDist Bedrm:2 # 3 Owner Site Mail LandUse TaxDist Bedrm:3 # 4 Owner Site Mail LandUse TaxDist Bedrm:3 # 5 Owner Site Mail LandUse TaxDist Bedrm:4 # 6 Owner Site Mail LandUse TaxDist Bedrm:4 # 7 Owner Site Mail LandUse TaxDist Bedrm:3 # 8 Owner Site Mail LandUse TaxDist Bedrm:2 # 9 Owner Site Mail LandUse TaxDist Bedrm:4 MetroScan / Jefferson :Mc Glothlen Cecil T Schedule :2835 Otis Ct Wheat Ridge 80214 7003 •2835 Otis Ct Wheat Ridge Co 80214 :1112 Res,Improved Land Price :3142 OwnerPh :303-237-3057 Bth:1.75 YB:1953 Parking:Attached Firepl:l TotArea:2,729 Ac: MetroScan / Jefferson • :Harper Kirk B Schedule :022171 :2830 Otis Ct Wheat Ridge 80214 70D3 0500 0004 7661 1824 :2830 Otis Ct Wheat Ridge Co 80214 :1112 Res,Improved Land Price :$221,400 :3142 OwnerPh . Bth:1.75 YB:1958 Parking:Attached Firepl:l TotArea:1,376 Ac: : - MetroScan / Jefferson • :Madron Pearl A Schedule :022254 :2830 Newland Ct Wheat Ridge 80214 7DD3 D5DD 0004 71361 1794 :2830 Newland Ct Wheat Ridge Cc 80214 :1112 Res,Improved Land Price :3142 OwnerPh Bth:1.75 YB:1954 Parking:Attached Firepl: TotArea:1,710 Ac: MetroScan / Jefferson • :Corrette Keith Francis Schedule :022468 :2820 Newland Ct Wheat Ridge 80214 7DD3 0500 0004 7661 1862 :2820 Newland Ct Wheat Ridge Co 80214 :1112 Res,Improved Land Price :$57,000 :3142 OwnerPh . Bth:1.75 YB:1953 Parking:Attached Firepl:l TotArea:1,916 Ac: / Jefferson . :Wilson Frank L ~~~orl„la -092586 2845 Otis ct wheat Ridge 7003 0500 0004 7661 1831 00 :2845 Otis Ct Wheat Ridge V :1112 Res,Improved Land Price :$270,000 :3142 - l OwnerPh Bth:2.50 YB:1954 ached king* Firepl:l TotArea:2,302 Ac: / Jefferson :Cordova Joe M Schedule :022723 :2840 Newland Ct Wheat Ridge 80214 7003 D5 DD DDD4 7661 1800 :2840 Newland Ct Wheat Ridge Co 80219 :1112 Res,Improved Land Price :$92,500 :3142 OwnerPh Bth:1.75 YB:1954 Parking:Mixed TypeFirepl: TotArea:1,710 - Ac: MetroScan / Jefferson :Hergenreter Stan R Schedule :022725 :2835 Newland Ct Wheat Ridge 80214 7DD3 0500 DDD4 7661 1879 .2835 Newl an d Ct Wh eat Ridge C 80214 O :1112 Res,Improved Land Price :3142 OwnerPh Bth:1.50 YB:1954 Parking: Firepl: * MetroScan / Jefferson :Steinbach Adolph Jr Schedule :2850 Newland Ct Wheat Ridge 80214 :2850 Newland Ct Wheat Ridge Co 80214 TotArea:1,530 Ac:. :022728 7003 0500 0004 7661 1848 :1112 Res,Improved Land Price :3142 OwnerPh Bth:1.75 YB:1954 Parking:Mixed TypeFirepl:l TotArea:1,868 Ac: * MetroScan / Jefferson • :Uyemura Rose A Schedule :022817 :2855 Otis Ct Wheat Ridge 80214 - 7DD3 D5DD DDD4 7661 1817 :2855 Otis Ct Wheat Ridge Co 80214 :1112 Res,Improved Land Price :3142 OwnerPh Bth:1.75 YB:1954 Parking:Attached Firepl: TotArea:1,704 Ac: Information compiled from various sc or warranties as to the accuracy or makes no representations contained in this report. : :021981 0500 0004 7661 1855 /6 # 10 Owner :Yates John D Site :2865 Otis Ct Wheat Ridge Mail :2865 Otis Ct Wheat Ridge LandUse :1112 Res,Improved Land TaxDist :3142 Bedrm:5 Bth:1.75 YB:1954 P MetroScan / Jefferson Scherhilo •noo~` 80214 7003 0500 0004 7661 1886 Co 80214 002 Price OwnerPh srking:Carport Firepl: TotArea:1,083 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 September 11, 2003 Dear Property Owner: This is to inform you of Case No. WA-03-19 which is a request for approval of a 24 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 6 foot side yard setback AND a 15 foot rear yard setback variance from the 30 foot rear yard setback requirement when adjacent to a public street resulting in a 15 foot rear yard setback for property zoned Residential-One (R-1) and located at 2835 Newland Court. 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 September 25, 2003, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303- 235-2846. Thank you. Planning Division. CADocuments and Set ings\kathyAMy Documents\Kathy\130A\pubnotice\2003\wa03l9.wpd I-E FA o R 4 o 013 012 01 010 " O O 008 007 - N 006 o 1 c o 0 75 4) 2I 016 1 5 6 175 50' 5 05 I~ m 0 N ` N m 7 025 N 026 M 4 _ ,r _ a 024 " FB 2-H _ 100' 100' 027 004 _ °0 017 0 0 2 131 2 m 16 13 8 r 0 - ool 3 443 018 CI 023 RC VI LE W o 28 M - o03 o 0 - o 0 1 20' V m o0 - ' 125 v 1 PARK 12 m 9 v 2 4-A 019 022 002 0 029 °0 _ 00 y y O ' °J 120' 3 ' _ - S 125 0 a1 12 S I I Z 15 H 1 4 1 O 3A 10 I O 4c °0 020 2 021 0 - 003 _ 030 °0 001 0 15 16 0 - ' 150' 150 s West 28 th A a ve 0 60' _ VAC. 918-598 S4 S B V4 .741-154 227 34 95.5' 93.5' 93.5' 93.5 133.36' 4 04 3 003 2 I M M 17 I-E O 1 n 005 002 N N ,n N N D - N o MOORE- REAM S 8 _p 0' 001 N e 006 v - A ~ - 2 E I I-G I-H IA 163 I-F - 028 I M m 003 : 002 . -0 008 6 5 ' I '55' 93.5 63. S' 38 109 5 2-C 009 I-B ~ N 013 m 2-I 014 0 I O I o m 012 2-B 115 I j v+ 012 260 01 i I-D•~ o PART OF I NDER ON SUB. AMENDED '875 93.75 93.75' 62 5' 62 5' 250' 4-E I 3-A 0 ' 015 3-D 3-E 4-F 4-A 0 22 0 o 0 0 0 4 G 018 019 020 021 - 023 3-6 © 3-C 250' ~ $ 8 0 0 4$ 4-C 4-D 4-H o n 3~-a.~3 r6-dd~ * Search Parameters * Jefferson (CO) * 9/8/2003 * 3:09 PM Parcel Number ...10 39 253 16 001 39 253 16 002 39 253 15 022 39 253 15 023 39 253 15 024 39 253 15 025 39 253 15 026 39 253 15 027 39 253 15 028 39 253 15 029 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 September 25, 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-03-19: An application filed by Stan & Sharon Hergenreter for approval of a 24 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 6 foot side yard setback AND a 15 foot rear yard setback variance from the 30 foot rear yard setback requirement when adjacent to a public street resulting in a 15 foot rear yard setback for property zoned Residential-One (R-1) and located at 2835 Newland Court. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: September 11, 2003 LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone (303) 235-2846 (Please print or type all information) Phone3? Fov Owner 65la o ie- Address Phone City State Zip Fax_ Contact 'x-t me, Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request 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 ❑ emporary Use, Building, Sign ❑ Site Development Plan approval 2 "ariance/Waiver (from Section,26 /f8' ) ❑ Other: G #a I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney fro the owner which approved of this action on his behalf. Signature of Applican Su scribed d sworn to me this of a /,t%, 20 D 3 v Notary Public My commission expJ8g3;ommission Expires 0Z.1 5A2009 To be filled out by staff: Date received f Q 3 Comp Plan Desig. Related Case No- 00 /5"9/ D / Receipt Na. Pee / Zoning ok'- Pre-App Mtg. Date Case No. "-D_5'-/l Quarter Section Map _ Case Manager xegmreu nuormanon: Assessors Parcel Nu er: 3~ ~Za3 /(v dD/ Size of Lot (acres or square footage): J, O&X //Z/ Current Zoning: Proposed Zoning: .V Me-- Current Use: ~PSj/~PnfTCL{ Proposed Use: fj 711: f W64iDn o .E- tzo' Bxiz' - d 0 LEGAL 0 It 3r2.~ ? t=rce~i. T z~ s. • et C t /?j-SIDES N! N N1 ~ d; 0A ~ N I LOT 13, CIRCLE- VIEW PARK, COUNTY OF JEFFERSON, STATE OF COLORADO. a-0 N i~ Gl~\1EN/JN i S I~ 93 W 2z IMPROVEMENT LOCATION CERTIFICATE: I hereby certify that this Improvement Location Certificate was prepared for - STAN HERGENRETER that it is not a Land Survey Plat or Improvement Survey Plat, and that it is not to be relied upon for the establishment of fence, building or other future improvement lines. I further certify that the improvements on the above described parcel on this date, 8/11/03 except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated and that there is no apparent evidence gT ..of any easement crossing or burdening any part of said parcel except as noted. p,gL►N NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL d _ ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY CERTIFICATE BE Kurt 0. COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. Date: V':W_ _111W ) TITLE G uARANTY COMPANY, a corporation, of Galveston, Texas, herein called the Company, for a valuable consideration, HEREBY INSURES i STAN R. HERGENRETER AND SHARON HERGENRETER, as Joint Tenants hereinafter called the Insured, the heirs, devisees, personal representatives of such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs; attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: any defect in or lien or encumbrance oil the title to the estate or interest covered hereby in the land describedor referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or unmarketability of such title; or lack of a right of access to and- from the land; all subject, however, to the provisions of Schedules A and B and to lhe_Conditions and Stipulations on the bark hereof; all as of the effective date of this policy, to-wit the 5th day of June 1969 . SIGNED UNDER SEAL for the Company, but this Policy is to he valid only when it hears an authorixeua countersignature. Countersigned: ECURITY TITLE GUARANTY CO. 01 N-_ 190 South Colorado Blvd. st ENVER OFFICE 757-5495 a3 ~Vp POgq~ o _e TITLE GUARANTY COMPANY H; 1908.:0° Authorqed quntersign mre President _-i~-SCHEDULE A Amount $19 , 750 . 00 The estate or interest in the land described or referred to in this Schedule covered by this policy is fee simple title to said estate or interest at the date hereof is vested in the Insured, and said land is described as follows: Lot 13, CIRCLE VIEW PARK, according to the recorded plat thereof, County of Jefferson, State of Colorado. SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Standard printed exceptions (a) thru (f) printed on back hereof. 2. Taxes for the current year. 3. Liens for unpaid water and sewer services charges, if any. 4. Lien of any existing or future assessment, or charge, on account if the inclusion of the property described in Schedule A in an improve- lent district. 5. An easement five feet wide is reserved along all rear and side _ot lines for utility installation and maintenance. 6. A right of way is reserved for any irrigation ditches as shown )n this plat. 7 Deed of Trust from Gerald L. Stephens and Lois A Stephens, his wife, to the Public Trustee for the use of WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION OF DENVER, to secure $17,000.00, dated March 28, 1962 and recorded April 3, 1962 in Book 1462 at page 435. v Case No.: A0319 Quarter Section Map N App: Last Name: Hergenreter Related Cases: App: First N ame: tan & Sharon Case Histor y: Owns r: Last Name: . ame _ Owner: First Nam e: I App Addre ss: 2835 Newland Ct. Review Body: City, State Z ip: heat Ridge, CO 80033 h App: Pho ne: 03-237-0669 - APN: Owner Address: ame 2nd Revie w Body: City/St ate/Zip: I 2nd Review Date Owner Phone: t Isame Decision-making Body Project Address: 2835 Appro val/Denial Date: Street Name Newland Court Ci ty/State, Zip: West Ridge, CO 80033 Reso/Ordinance No.: Case Disposition: I Project Planner: Crane File Lo cation: V ctive Notes: ~W Follow- Up: o.: W25 id 'F ide yard setback ?foot rear back varianc e BOA - 9125/03 39-253-16-001 BOA - 9125103 Conditions of Approval: District: - - - Date Rec eived: ..1412003 Pre-App Date: I %