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HomeMy WebLinkAboutWA-03-217500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 December 18, 2003 Jeff Petty 24060 US Highway 40 Golden, CO 80401 Dear Mr. Petty: RE: Case No. WA-03-21 Ridge Please be advised that at its meeting of December 3, 2003, the Board of Adjustment APPROVED your request for a 24.9 square foot variance from the 12,500 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Two and located at 4695 Wadsworth Boulevard for the following reasons: 1. The Board feels this variance will not substantially alter the character of the locality. The vast majority of the neighborhood is zoned R-2, including R-3, RC and NC directly to the south along Wadsworth. 2. The granting of this variance will not be detrimental, in itself, to the public welfare or injurious to other properties or improvements in the area. 3. The additional units will not impair the adequate supply of light or air to adjacent properties nor should it significantly increase congestion in the public streets. 4. This request entails approximately a .2% variance. 5. The applicant has made significant effort to minimize this variance request by acquiring 602 square feet along the Wadsworth Boulevard frontage from the Colorado Department of Transportation. Applicant further testified that CDOT has declined to sell further frontage to acquire the shortage of 24.9 square feet. 6. The footprint of the current structure will not be increased in dimension as a result of the variance. 7. The city traffic engineer has reviewed and approved the street access from this property to West 47" Avenue. With the following conditions: The City of Wheat 1. The curb cut from Wadsworth Boulevard must be closed and access to the property shall be limited to West 47' Avenue. Jeff Petty Page 2 December 18, 2003 2. The current garage door facing Wadsworth must be abandoned and permanently sealed. A new garage door accessing from the west will be allowed. 3. No parking of any kind may occur along the Wadsworth Boulevard frontage. 4. Parking areas must be clearly and permanently delineated from landscaped areas. Adequate legally designed east-to-west parking, as described by the applicant in testimony to the Board, must be created and maintained per Section 26-501(D) of the City's Code of Laws. 5. All current landscaping requirements of the city related to R-2 occupancies on a corner lot shall be created and maintained on this property. 6. The first 25 feet of driveway off of West 47th Avenue shall be paved pursuant to applicable sections in the City Code. 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, December 3, 2003. This variance shall automatically expire within one hundred eighty (180) days of the date it was granted, May 31, 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 Fi'eld Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: Morton Silverman 10593 Meadow Mist Ave. Las Vegas, NV 89135 WA-03-21 (case file) Building File C:\Documenu and SettingsUathyWy Documents\Kathy\BOA\CORRESP\2003\wa0321approval.wpd CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 3"' day of December, 2003. CASE NO: WA-03-21 APPLICANT'S NAME: Jeff Petty LOCATION: 4695 Wadsworth Boulevard WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-03-21 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 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-03-21 be, and hereby is, APPROVED. TYPE OF VARIANCE: A 24.9 square foot variance from the 12,500 square foot minimum lot area required in the Residential-Two zone district to allow a two-family dwelling unit. FOR THE FOLLOWING REASONS: 1. The Board feels this variance will not substantially alter the character of the locality. The vast majority of the neighborhood is zoned R-2, including R-3, RC and NC directly to the south along Wadsworth. 2. The granting of this variance will not be detrimental, in itself, to the public welfare or injurious to other properties or improvements in the area. 3. The additional units will not impair the adequate supply of light or air to adjacent properties nor should it significantly increase congestion in the public streets. 4. This request entails approximately a .2% variance. 5. The applicant has made significant effort to minimize this variance request by acquiring 602 square feet along the Wadsworth Boulevard frontage from the Colorado Department of Transportation. Applicant further testified that CDOT has declined to sell further frontage to acquire the shortage of 24.9 square feet. 6. The footprint of the current structure will not be increased in dimension as a result of the variance. Board of Adjustment Resolution WA-03-21 Page two The city traffic engineer has reviewed and approved the street access from this property to West 47d' Avenue. WITH THE FOLLOWING CONDITIONS: l . The curb cut from Wadsworth Boulevard must be closed and access to the property shall be limited to West 47th Avenue. 2. The current garage door facing Wadsworth must be abandoned and permanently sealed. A new garage door accessing from the west will be allowed. 3. No parking of any kind may occur along the Wadsworth Boulevard frontage. 4. Parking areas must be clearly and permanently delineated from landscaped areas. Adequate legally designed east-to-west parking, as described by the applicant in testimony to the Board, must be created and maintained per Section 26-501(D) of the City's Code of Laws. 5. All current landscaping requirements of the city related to R-2 occupancies on a corner lot shall be created and maintained on this property. 6. The first 25 feet of driveway off of West 47`h Avenue shall be paved pursuant to applicable sections in the City Code. VOTE: YES: ABBOTT, BLAIR, DRDA, HOVLAND, HOWARD ABSENT: ECHELMEYER DISPOSITION: A request for a 24.9 square foot variance from the 12,500 square foot minimum lot area required in the Residential-Two zone district to allow a two-family dwelling unit at 4695 Wadsworth Boulevard was APPROVED. ADOPTED and made effective this 3rd day of December, 2003. P r a, Chair Board of Adjustment n Ann Lazzeri, Secretary Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting December 3, 2003 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DRDA at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Members Absent: Staff Present: Tom Abbott Bob Blair Paul Drda Paul Hovland Bob Howard Bill Echelmeyer DIK"AFT Meredith Reckert, Senior Planner Travis Crane, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of December 3, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this time. 4. PUBLIC HEARING --A. Case No. WA-03-21: An application submitted by Jeff Petty for approval of a 24.9 square foot variance from the 12,500 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential- Two and located at 4695 Wadsworth Boulevard. 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 the application for reasons outlined in the staff report. Mr. Crane distributed the following to Board Members: Exhibit A (sketch addendum of the building layout), Exhibit B (Deed from CDOT) and Exhibit C (letter of opposition from Madison C. and Anne E. Todd at 7630 West 47ffi Avenue). Board of Adjustment Page 1 12/03/03 Jeff Petty 24060 West Highway 40, Golden, CO Mr. Petty, the applicant, was sworn in by Chair DRDA. He stated that, in addition to information contained in the staff report, it should be noted that there is an existing R-3 property directly adjacent to his property to the south and is being used as a 3-family dwelling; and the building does have ground level access which would make it handicapped accessible. He stated that when he purchased the property three years ago, he was not aware that CDOT had purchased part of the property as right-of-way. Based upon the city's estimate that the property was 11,900 square feet in size, he purchased 602 square feet back from CDOT which he thought would bring the size of the lot to over the required 12,500 feet. However, he learned the 11900 square feet was an estimate and an actual survey revealed that there is still 24.9 square feet (or three inches of the entire length of the eastern property line) short of the required square footage. He approached CDOT to purchase additional property but was informed they would not sell additional property at this time. He stated that he could have purchased additional property from CDOT if he had realized that the 11,900 figure was incorrect. In response to a question from Board Member HOWARD, Mr. Petty explained that the first floor has two entrances (one entrance to a one-bedroom unit and the other to a two- bedroom unit which has access to the basement). One unit has an entrance from Wadsworth and the other has an entrance from the driveway (47`h). There is a second- story unit that is inaccessible from the inside of the house and contains two bedrooms, bathroom, living room and kitchen. He stated he has never added kitchens or bathrooms to the structure. He plans to have a single-family unit on the entire first floor and a single-family unit, which has a separate outside entrance, on the second floor. Chair DRDA asked to hear from members of the public who wished to address the matter. Patricia Fisher FT L 1`2 7609 West 47th Avenue Ms. Fisher was swom in by Chair DRDA. She expressed opposition to the application. She expressed concern that more than two units would be rented out if the variance is approved. She stated there was more than square footage at issue in that the property doesn't meet setback, landscape or parking requirements. She expressed concern about decreased property values in the area if the property is rented out as a duplex. She submitted a copy of the city's traffic study, dated July 29, 2002, into the record. Board Member ABBOTT commented that the only issue the Board can address is whether the property can accommodate a duplex and asked staff to address the issues of parking, number of people living in the dwelling, etc. Travis Crane replied that Board Member ABBOTT was correct that the Board's decision should be based upon the square footage issue and whether or not the property could Board of Adjustment Page 2 12/03/03 support a duplex. The other issues, such as cars parking on the lawn, should not be a part of that consideration. If parking or other infractions occur, code enforcement would address those issues. He also noted that the Board has the flexibility to require certain conditions of approval such as delineating parking areas from landscaped areas. Richard Barrett 4701 Wadsworth Mr. Barrett was sworn in by Chair DRDA. He lives across the street from the subject property and expressed his opposition to the application. He stated the only driveway on the property was from Wadsworth and another driveway was created by cars driving and parking on the lawn. He stated that it is dangerous for drivers to back out of this property onto 47`h. In response to a question from Board Member ABBOTT, Travis Crane stated that he did not know how many neighborhood complaints have been made to code enforcement regarding this property. Joann Fisher DRAFT 7645 West 47`h Avenue Ms. Fisher was sworn in by Chair DRDA. She spoke in opposition to the application. She asked the Board to consider the impact on the neighborhood if a duplex is allowed. She stated that she has reported the tenants of this property several times regarding tenants' cars racing down the street and the parking situation. She expressed concern about increased traffic if a duplex is allowed. In response to a question from Board Member BLAIR, Ms. Fisher stated that prior to Mr. Petty's purchase, the house had always been used as a single-family residence. Ms. Fisher entered into the record a letter of opposition from John J. Reczek, 7775 West 47'h Avenue. Jeff Petty returned to the podium to state that there is no additional unit in the basement nor does he plan to build an additional living unit in the basement. He stated that he evicted tenants after code enforcement informed him that the building could not be rented as a duplex. Cars were also removed from the property as a result of code enforcement action. He stated there is presently parking room for four cars. He is also planning to add an additional parking area next to the driveway on the west. He stated that there is a gentleman presently living in the house to do repairs and keep the house from being vandalized. He also commented that there are many other duplexes in the immediate neighborhood. He also stated that it was his understanding that the previous owner had many family members living in the house. Board Member HOVLAND commented that the issue at hand basically concerns square footage and he would like to see parking addressed as a condition of approval. Board of Adjustment 12/03/03 Board Member ABBOTT commented that he was sympathetic to the neighbors' concerns about parking and landscaping and would address those issues in a motion. He pointed out that these same problems could occur with a single-family house. Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-21 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 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- 03-21 be, and hereby is, APPROVED. Type of Variance: A 24.9 square foot variance from the 12,500 square foot minimum lot area required in the Residential-Two zone district to allow a two- family dwelling unit. For the following reasons: 1. The Board feels this variance will not substantially alter the character of the locality. The vast majority of the neighborhood is zoned R-2, including R-3, RC and NC directly to the south along Wadsworth. 2. The granting of this variance will not be detrimental, in itself, to the public welfare or injurious to other properties or improvements in the area. 3. The additional units will not impair the adequate supply of light or air to adjacent properties nor should it significantly increase congestion in the public streets. 4. This request entails approximately a.2% variance. 5. The applicant has made significant effort to minimize this variance request by acquiring 602 square feet along the Wadsworth Boulevard frontage from the Colorado Department of Transportation. Applicant further testified that CDOT has declined to sell further frontage to acquire the shortage of 24.9 square feet. 6. The footprint of the current structure will not be increased in dimension as a 12/03/03 Page 4 result of the variance. The city traffic engineer has reviewed and approved the street access from this property to West 47'h Avenue. With the following conditions: 1. The curb cut from Wadsworth Boulevard must be closed and access to the property shall be limited to West 471n Avenue. 2. The current garage door facing Wadsworth must be abandoned and permanently sealed. A new garage door accessing from the west will be allowed. 3. No parking of any kind may occur along the Wadsworth Boulevard frontage. 4. Parking areas must be clearly and permanently delineated from landscaped areas. Adequate legally designed east-to-west parking, as described by the applicant in testimony to the Board, must be created and maintained per Section 26-501(D) of the City's Code of Laws. 5. All current landscaping requirements of the city related to R-2 occupancies on a corner lot shall be created and maintained on this property. 6. The first 25 feet of driveway off of West 47th Avenue shall be paved pursuant to applicable sections in the City Code. Board Member HOV LAND commented that he felt the motion addressed all the issues. Single-family use for this property is not realistic and, if left abandoned, it could become more of a detriment to the neighborhood than having a viable duplex in the area. The motion passed unanimously. [ T (Chair DRDA declared a brief recess at 9:10 p.m. The meeting was reconvened at 9:15 P.M.) B. Case No. WA-03-22: An application filed by Lisa Fieldman for approval of a variance to Section 26-603(A) Permitted Fence Heights for property zoned Residential-Two and located at 7125 West 32"d Avenue. The case was presented by Meredith Reckert. She explained that, after the case was published, it was discovered that the landscape buffer requirement did not apply. Therefore, the fence height variance is the only matter to be considered at this meeting. 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 the application for reasons outlined in the staff report. In response to a question from Board Member ABBOTT, Meredith Reckert stated that staff determined there was no problem with sight distance triangle issues. Board of Adjustment Page 12/03/03 4695 Wadsworth Boulevard A request for apprma] ofa?4.9 square foot rariance fiom the 12,io0 square foot minimum for a two-family dwelling unit on property zoned R-2 W.,h,iv'd,,. D..,b, 1.211119 The Code of Caws states that any two-family dwelling unit in the R-2 zone district must be at least 12,500 square feet in size, and at least 100 feet wide. Additionally, any comer lot in the R-2 zone district must be at least 80 feet wide on each frontage. The subject parcel is in excess of 100 feet in width on the Wadsworth Boulevard frontage, and is in excess of 80 feet in width on the West 4711' Avenue frontage. Property History Structure built in 1947-no building records on file In 1959, CLOT acquired 2,100 square feet on the eastern edge of the property adjacent to Wadsworth Boulevard. Prior to the CDOT land acquisition, the property was approximately 13,973 square feet in size. The Code of Laws states that any non-conformity created by government action is not subject to a variance. However, due to the lack of historical information, it is difficult for the applicant to prove that a two-family dwelling existed legally prior to the CDOT acquisition. 2 Public Hearing History In April 2002, the applicant applied for a similar variance. The Hoard denied this request. A rehearing was conducted in June of 2002, and the request was again denied. During this rehearing, Staff recommended approval with one condition: that the drive cut on Wadsworth be closed. During each of these hearings, private covenants were discussed in relation to the use of the property-covenants are not enforced by the city. What Has Changed? In December of2002, the applicant acquired 602 square feet e) from CDOT, which increased the property size to 12,475.1 square feet. The applicant has supplied a survey that accurately depicts the square footage of the lot. Floor Plan Second Floor a F Floor - 3 Staff has received one letter of objection, however it was delivered to staff after the report had been generated. Staff is recommending APPROVAL of the variance request for the reasons outlined in the staff report. C~ .7-r WA- -A / To - ~J f?,1~ ~>>J- iv rev ,303 qar Z/,L& / r City of Wheat Ridge Depa=ont of public Works 7/29/02 Dear 47`h Avenue Residents, 7500 W. 29' Avenue Wheat Ridge, CO 80033 ~ ,a)/j The City recently conducted a traffic study on 47th Avenue (between Wadsworth Blvd. and Allison Street). Conducted in conjunction with a petition recently received from residents of your Street, the study shows 47' Avenue does not meet the City's criteria for payment of engineered street features to control traffic speeding or volume (speed bumps, planters, etc.). Ct,~dy results: 31.72 MPH 673 6.09% 21.42 points 30 points Speed (85"' peroe^+:le) - 24 Hr. Volume Vehicles traveling over 35 MPH Total Points Earned (Per City Guidelines) Minimum Points Required. The Street section, however, is not designated by the Fire Department as a Critical Emergency Response Route and, hence, a voluntary speed bump payment option is possible - should residents be interested. Please contact the City's Public Works Department (303-235-2861) if you wish to work toward this possibility as special petition form must be approved by the City's Traffic Engineer. (Costs: $1500 for one bump and additional bumps are $1000 (each) and placement must be approved by the City's Traffic Engineer). Other options individuals can do include: (1) Periodically requesting the "speed display trailer" (displays speed back to the driver). Call the Police Department Traffic Sgt at 303-235-2951. (2) Making and placing your own "slow down for safety" lawn signs. Contact the Planning Department at 303-235- 2846 for sign regulations. (3) Periodically working together to conduct "Neighborhood Speed Watches" (radar gun loan program). For more information, call 303-235-2861; (4) Contacting the Police Traffic Sgt. (at 303-235-2951) to report a specific problem (for example: a chronic excessive speeder, a pattern of racing, a pattern of cars driving with lights off at night, etc.). If you have any questions, especially if any of you desire to move forward with a possible payment option, please don't hesitate to contact the Public Works Department at 303-235-2861. Thank you. Respeftftilly, David Menter Traffic Planner, Public Works Department 303-235-2861 cc: Sgt., Jim Cohen, Police Department PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT December 3, 2003 Case No. wa-03-21: An application submitted by Jeff Petty for approval of a 24.9 square foot variance from the 12,500 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Two (R-2) and located at 4695 Wadsworth Boulevard. (Please print) Name Address In Favor/Opposed r'L p ~ 2~c-~ Us ham. u CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: December 3, 2003 CASE NO. & NAME: WA-03-21/Petty CASE MANAGER: Travis Crane DATE PREPARED: November 21, 2003 ACTION REQUESTED: Approval of a 24.9 square foot variance from the 12,500 square foot minimum lot area requirement in the Residential-Two zone district to allow a two-family dwelling unit. LOCATION OF REQUEST: 4695 Wadsworth Boulevard NAME & ADDRESS OF APPLICANT (S): NAME & ADDRESS OF OWNER (S): Jeff Petty 24060 U.S. Highway 40 Golden, CO 80401 Morton Silverman 10593 Meadow Mist Avenue Las Vegas NV 89135 APPROXIMATE AREA: PRESENT ZONING: 12,475.1 square feet (.28 Acres) Residential-Two (R-2) PRESENT LAND USE: Residential SURROUNDING ZONING: N & W: Residential-Two; E. Residential- Two, Restricted Commercial; S: Residential-Three SURROUNDING LAND USE: N, S & W: Single-Family E. Commercial & Single Family DATE PUBLISHED: November 19, 2003 DATE POSTED: November 19, 2003 DATE LEGAL NOTICES SENT: November 19. 2003 ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) EXHIBITS (X) DIGITAL PRESENTATION JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 4695 Wadsworth Boulevard, and is currently being used as a residential dwelling unit. The property is zoned Residential-Two (Exhibit 1, Zoning Map). The applicant, Jeff Petty, is acting on behalf of the property owner, Morton Silverman (Exhibit 2, Letter of Consent). The parties are requesting a variance to the required minimum lot size for a two-family dwelling unit in the R-2 zone district (Exhibit 3, Letter of Request). II. PROPERTY HISTORY The structure was constructed in 1947. The City does not have any of the original building permits for the structure. Based on this lack of historical information, it is impossible for the City to ascertain if the structure ever legally existed as a two-family dwelling unit. hi 1959, CDOT purchased 2,100 square feet on the eastern side of the property abutting Wadsworth Boulevard for the purpose of widening the street. Prior to this right-of-way acquisition, this property was approximately 13,973 square feet in size. The Code of Laws states that if any non-conforming situation is created by government action, a variance should not be processed. In this case, it has not been proven that a duplex legally existed prior to the acquisition of right-of-way. Were the applicants able to prove that the structure was used legally as a two-family dwelling prior to the government action, the structure would be classified as a legal non-conforming duplex. Since no evidence to this nature has been presented, a variance would be necessary to allow a two-family dwelling on this property. This property was the subject of a variance request in April 2002. This was a request for a 600 square foot variance to allow a two family dwelling. The Board denied this request. One month after the denial, a rehearing was granted in light of new evidence. The Board denied this request as well. During each hearing, an opponent of the request produced a copy of the neighborhood covenants that would prohibit a multi-family dwelling in the subdivision. These covenants should not be considered by the Board during the decision making process. The City does not enforce private covenants. In December of 2002, the applicant was successful in purchasing 602 square feet of right-of-way from CDOT. This additional land from CDOT brought the size of the property to 12,475.1 square feet. The Code states that a minor variance, or variance which does not exceed ten percent of the minimum standard, may be granted by the Director of Community Development, provided certain conditions are met. One of these conditions is that the administrative variance may not result in the ability to create additional dwelling units. Even though this request is much less than ten percent of the required minimum, an administrative variance cannot be granted because the request would result in an additional dwelling unit. III. SITE PLAN The subject property is located on the southwest corner of Wadsworth Boulevard and West 47th Avenue. The property is approximately 11,475.1 square feet in size (Exhibit 4, Plat). The R-2 zone district requires a minimum lot size of 12,500 square feet for a two-family dwelling unit. Board of Adjustment 2 WA-03-21/Petty Additionally, a corner lot in the R-2 zone district must be at least 80 feet in width on each street frontage. The subject property exceeds this standard on each street frontage. The Community Development Department has not received any public comment regarding this request. 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 request is denied, the property may still receive a reasonable return in use. The structure may be used as a single-family residence. 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 would not be altered. Even though there are no other two-family dwellings in the immediate area, a large majority of the neighborhood is zoned R-2. Given the proximity of this property to Wadsworth Boulevard, impacts of a second dwelling unit should be minimal. 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. It is a rectangular shaped lot, and is relatively flat. The lot meets the minimum lot size standard for a single-family dwelling unit in the R-2 zoning district; however, the size is not sufficient for a two-family dwelling unit. The lot does meet the minimum lot' width in the R-2 zone district. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The hardship has not been caused or created by a person who has interest in the property. In 1959, CDOT acquired additional right-of-way for the purpose of widening Wadsworth Boulevard. If, prior to 1959, the property were utilized as a duplex, it would be considered a legal non-conforming duplex. Historical information has not been provided that the property ever existed legally as a duplex. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Board of Adjustment WA-03-21/Petty The request would not be detrimental to the public welfare. The adequate supply of light and air would not be compromised as a result of the request. The request would not increase congestion in the streets, nor increase the danger of fire. The request would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request would not result in a contribution or benefit to the neighborhood. The request would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. The property owner has not created the hardship. The hardship can be partially attributed to the fact that right-of-way was acquired by CDOT in 1959, reducing the size of the property by 2,100 square feet. 2. Approval of the variance will not alter the character of the locality. The vast majority of the neighborhood is zoned Residential-Two. The Residential-Two zone district allows two-family dwelling units, provided that the lot meets minimum lot size and width standards. Granting of this variance would not be detrimental to the public welfare or injurious to other properties or improvements in the area. The additional unit should not impair the adequate supply of light or air to adjacent properties, nor should it increase congestion in the public streets. Board of Adjustment WA-03-21/Petty EXHIBIT 1 3W 14 site N N W Z -1. r1T-1 T r---T--- 23 O W23 OFFICIAL ZONING MAP WHEAT RIDGE COLORADO - PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES ~•;i 100-YEAR FLOOD PLAIN LL~~ (APPROXIMATE LOCATION) <1 1 el ,I a 1 r NW 23 O 100 200 ~00 9C;O rw ~ yix41~ L ~ DEPARTMENT OF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 10/29/2003 05:20 303275SSik X H I B I T 2 PAGE 01 POWER OF ATTORNEY THAT, MORTON SILVERMAN, HAS MADE, CQNSTTTUTED ARID APPOINTED, JEFF PETTY, TO MCUTE ALL NECESSARY DOCUMENTS RELATING TO THE YAPJANCE HUnAV FOR TEE PROPERTY LOCATED AT 4695 WA6D,SWORMWP WlaWTAWGZ CO AV33, LEQALLY DESCRIBED AS FOLLOWS: LOT 29, BLOCK 1, RMLCIMT IUIGHTS COUNTY OF JEFFKMON, t3TATE OF COLORADO AS HIS ATTORNEY-IN-FACT WITH FULL. POWER AND AUTHORITY TO DO AND PERFORM EACH AND EVERY ACT AND THING WHATSOEVER REQUISITE ARID NECESSARY TO BE DONE, IN AND ABOUT THIS TRANSACTION, AS FULLY, TO ALL MrM TTS AND PURPOSES, AS IM MIGHT OR COULD DO IF PERSONALLY PRESENT, WTTFI k ULL POWER OF SUBSTITUTION AND REVOCATION, HUUMY RATIFYING AND CONFIRMING ALL THAT HIS SUMSTITUTE SHALL LAWFULLY DO OR CAUSE TO BE DONE BY VIRTUE HEREOF. IN WTT71'ESS HEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL 10 DAY OF NOVEMBER, 2003. SIGNED, SEALED AND DELIVERFA IN THE PRESENCE OR a TNESS SIGN TURE MORTON B. SILVERMAN 'k~UYaZrCL taveka PRINTED NAME STATE OF ki.A4 CI4JC ' SS: COUNTY OF CQQAfQ ; SWORN TO AND SUBSCRIBED BEFORE ME THIS LO &AL DAY OF NOVENSER, 2003, BY MORTON IL SILVERMAN WHO IS PERSONALLY KNOWN TO ME OR (X) HAS PRODUCED _ C D lC DRIVER'S LICENSE AS IDENTIFICATION, ,uND WHO DrDIDID NOT TAIM ANT OATH. NOl ARY4u LIC My COM&BsSION EXPpm: NOTARY PUBLIC SPATE OF NEVA[Aq oo-~asaa-~ LYREP E nn~gPPpjnp,~~ If69 SeP~6.Z00M1 <sea - EXHIBIT 3 NOVEMBER 4, 2003 JEFF PETTY MORTON SILVERMAN 303-526-5253 303-526-2208fax RE: ZONING (R-2) @ 4695 WADSWORTH BLVD, WHEAT RIDGE CO 80033 CITY OF WHEAT RIDGE 7500 WEST 29TH WHEAT RIDGE COLORADO 80033 DEAR CITY OF WHEAT RIDGE ZONING: WE ARE CURRENTLY FILING FOR ANOTHER VARIANCE HEARING ON THE PROPERTY AT 4695 WADSWORTH. AFTER OTHER VARIANCE HEARINGS BEGINNING EARLY IN 2002, (THAT WERE UNSUCCESSFUL), WE WERE ABLE TO PURCHASE WHAT WE BELIEVED WERE THE MISSING SQUARE FEET THAT WOULD ENABLE US TO UTILIZE OUR ALREADY-EXISTING DUPLEX ZONING. WE MADE THE PURCHASE OF LAND FROM'CDOT BASED ON THE AMOUNT OF LAND THAT THE CITY OF WHEAT RIDGE QUOTED TO US (BASED ON THEIR CALCULATIONS) AS BEING NECESSARY TO ADDITIONALLY DEED TO THE PROPERTY. THE COST WAS $3,500.00 WHICH WAS MORE MONEY THAT WE HAD TO INVEST INTO THE PROPERTY JUST TO UTILIZE THE R-2 ZONING THAT WAS ALREADY ON THE PROPERTY. WHEN WE FOUND THAT WE WERE STILL SHY OF THE NECESSARY SQUARE FOOTAGE, YET ANOTHER KIND ZONING PERSON AT WHEAT RIDGE SUGGESTED ANOTHER VARIANCE HEARING. SINCE THE MOST RECENT SURVEY SHOWS THAT THE PROPERTY IS SHORT BY ONLY FEWER THAN FIVE SQUARE FEET, WE SINCERELY HOPE THAT THE CITY OF WHEAT RIDGE WILL TAKE EVERYTHING INTO ACCOUNT AND GRANT US OUR R-2 DUPLEX ZONING. THE HARDSHIP ASPECT OF THIS SITUATION CONTINUES TO MOUNT AND HAS COST US MANY THOUSANDS OF DOLLARS TO DATE AND COUNTING. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. SINCERELY, JEFF PETTY J~w111//22444//2003 02:16 303275991 r ~,l -01~ JY POSTING CER'I'MCATION I, r CASE NO. a sot m PAGE 01 PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HEARING DATED: DEEM ~EE~? 3` zprp~ esiding at w (addres Public Heating on this L'day of A 2003,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: 0114V 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:1P1aFM1ngftM8tpast hQWrt Rev. 111103 as the applicant for Case No ~ l ty certify that I have posted the Notice of # 1 MetroScan / Jefferson Owner Owner :Barrett Richard W a^hedule :023651 Site :4701 Wadsworth Blvd Wheat Ridge 80033 7003 - nl 005 Mail :4701 Wadsworth Blvd Wheat Ridge Cc 80033 0500 0004 7661 3507 LandUse :1112 Res,Improved Land Price TaxDist :3139 OwnerPh Bedrm:4 Bth:1.00 YB:1918 Parking:Detached Firepl:l TotArea:1,196 Ac:.73 # 2 MetroScan / Jefferson • Owner :Todd Madison C/Anne E Schedule :023667 Site :7630 W 47th Ave Wheat Ridge 80033 Parcel :n4 I>" - Mail :7630 W 47th Ave Wheat Ridge Cc 80033 7003 0500 0004 7661 3514 LandUse :1112 Res,Improved Land TaxDist :3139 OwnerPh Bedrm:3 Bth:1.50 YB:1951 Parking:Detached Firepl:l TotArea:1,231 Ac: # 3 : MetroScan / Jefferson • Owner :Business Service Systems Inc Schedule :024000 Site :4640 Wadsworth Blvd Wheat Ridge 80033 Parcel :39 231 07 028 Mail :4640 Wadsworth Blvd Wheat Ridge Co 80033 7003 0500 0004 7661 3521 LandUse :2112 Com,Improved Land TaxDist :3139 OwnerPh Bedrm: Bth: YB:1951 Parking: Firepl: TotArea:3,411 Ac:.32 # 9 MetroScan / Jefferson Owner Owner :Glazar Mary Anne Schedule :024631 Site :4670 Wadsworth Blvd Wheat Ridge 80033 Par..1 •'za 931 n7 nqF Mail :4670 Wadsworth Blvd Wheat Ridge Cc 80033 7003 0500 0004 7661 3538 LandUse :1112 Res,Improved Land rice TaxDist :3139 OwnerPh Bedrm: Bth:1.00 YB:1951 Parking:Attached Firepl: TotArea:891 Ac: # 5 * MetroScan / Jefferson • Owner :Schreiber Cindy L Schedule :024716 Site :4650 Wadsworth Blvd Wheat $$$i 33 Parrot " ' Mail :9650 Wadsworth Blvd Wheat Co 80033 7003 0502 0004 7661 3545 LandUse :1112 Res,Improved Land ice ,000 Full TaxDist :3139 OwnerPh Bedrm:4 Bth:1.00 YB:1951 Parking:Attached Firepl: TotArea:891 Ac: # 6 * MetroScan / Jefferson • Owner :Islas Leonardo Vargas Schedule :025098 Site :4660 Wadsworth Blvd Wheat Ridge 80033 Parcel •~O 3552 Mail :4660 Wadsworth Blvd Wheat Ridge Cc 80033 7003 0500 0004 7661 LandUse :1112 Res,Improved Land 5,000 _ TaxDist :3139 OwnerPh Bedrm:4 Bth:1.75 YB:1951 Parking:Attached Firepl: TotArea:1,092 Ac: # 7 * MetroScan / Jefferson ; Owner :Silverman Morton B Schedule :025149 Site :4695 Wadsworth Blvd Wheat Ridge 80033 P."^, •Z° Mail :10593 Meadow Mist Ave Las Vegas Nv 89135 7003 0500 0004 7661 3569 LandUse :1112 Res,Improved Land rice TaxDist :3139 OwnerPh Bedrm:4 Bth:2.50 YB:1947 Parking:Carport Firepl:2 TotArea:2,486 Ac:.28 # 8 - MetroScan / Jefferson • Owner :Recovery Foundation Inc The / Schedule :0254st 7661 3576 Site :4643 Wadsworth Blvd Wheat Ridg 0033 - 7003 13500 0004 Mail :PO Box 21316 Denver Cc 80221///'A 93 LandUse :9179 Exempt,Charitable,Land(~~ Price TaxDist :3139 OwnerPh Bedrm: Bth: YB:1969 Parking: Firepl: TotArea:12,004 Ac:.90 # 9 MetroScan / Jefferson Owner :Bentz Robert D -Schedule :026342 Site :4800 Wadsworth Blvd Wheat Ridge 80033 Parrot .~o ^ ' Mail :PO Box 16219 Golden Cc 80402 7003 0500'0004 7661 3583 LandUse :2112 Com,Improved Land ce 90,000 TaxDist :3139 OwnerPh Bedrm: Bth: YB:1971 Parking: Firepl: TotArea:25, 494 -'~~.G>=,1;,.93 NON 1 9 <611 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. # 10 Owner Site Mail LandUse TaxDist Bedrm:3 # 11 Owner Site Mail LandUse TaxDist Bedrm:3 # 12 Owner Site Mail LandUse TaxDist Bedrm:4 MetroScan / Jefferson :Fratini Michael V Schedule :7620 W 47th Ave Wheat Ridge 80033 - :7620 W 47th Ave Wheat Ridge Cc 80033 :1112 Res,Improved Land :3139 Bth:1.00 YB:1951 Parking:Attached etros n :Rivas Jim J Jr :4685 Wadsworth Blvd Wheat icl~3 :4685 Wadsworth Blvd Wheat R j' 80 :1112 Res,Improved Land :3139 Bth:1.75 YB:1938 Pa , ing:At ached MetioScan :Mitchell Robert B :7650 W 47th Ave Wheat Ridge 80033 :7650 W 47th Ave Wheat Ridge Co 80033 :1112 Res,Improved Land 3139 Bth:1.75 YB:1950 Parking:Detached 7003 :026726 0500 0004 7661 3590 Price :$125,100 Full OwnerPh Firepl: TotArea:1,072 Ac: Jefferson - : Schedule :065091 " 7603 0500 0004 7661 3606 3 Price OwnerPh Firepl: TotArea:1,302 Ac:.23 / Jefferson • Schedule - :434886 7003 nnn 0500 0004 7661 3613 Price :$225,000 OwnerPh . Firepl:l TotArea:1,106 Ac:.69 NOV 19 2003 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 November 19, 2003 Dear Property Owner: This is to inform you of Case No. WA-03-21 which is a request for approval of a 24.9 square foot variance from the 12,500 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Two (R-2) and located at 4695 Wadsworth Boulevard. 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 December 3, 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 Settings\kathyBMy Documents\ Cathy\BOA\pubnotice\2003\wa0321.wpd 0 Z- 40 - r = West 48th C ircle 3 23 -g 6 23 8 7866 78s 78.67 99• 77 0 003 ~ 021 23 -7 0.2 23-4 24 "2 24 23 -5 020 019 018 017 pl6 015 I 024 023 96' 100• O-5 0 14 23 -13 23 15 23 -12 ®-15 8- (:040) 041 042 043 044 045 07 ' ' ! ' as 88, 25 75 -5 136 1974 60' West 47 th Avenue 1' s I-A 1 1165' 14 a 21 -12 Tn 1 O 024 039 83^145 1 sT 2-A 13 145 11 3 024 038 8 - 80 1185 1 3-A 12 a~ 025 037 p m 4-A ~ 26 II 036 H 0 2/ 5-A 10 , M 027 035 6-A C/ 9 m a 028 034 a ,p n 41 N 60 e TRA-A_ 029 ~ ^ 8 I 033 N M N N TR. AFB 7 0 030 Q 032 in 31 07 O 1791' 116.5 118' 2O I 18 O 16 m 016 tD 001 ~ r - ^ 2 015 15 002 - 3 014 14 003 4 - 013 13 004 5 012 V1 12 005 _ qT/\ 6 01 I Ii 006 7 - 010 10 007 _ m e ~ 009 . 09 9 006 ' ,is Il r 055 (0-11 ^ 054 &0 ~ 053 @-6 052 07 131.62' n West 76.62 O I N t0 015 M 0 13 91. Q' 8 131. 62' 2 Om 014 ='I 3 013 Q' m West 46 th Avenue C O 80 80 1108 4 p 1 " 14 E I 2 3 r- 10 4 012 = ~ - 005 N _ N _ N o 001 ^ Q 006 °v 004 = 003 p02 °a 5 01 n 175' 1 75' 50' m 74C ~L, - N 15 7 75 75 75 50 245' O FA 7 6 5 4 3 2 01 ° ~ ST v II 010 009 008 007 006 II 75 75 ' 80 Avenue 75 00 oe ~ 0 21 22 23 24 N 26 27 28 29A 3 033 034 035 a 25-A O 037 038 039 040 _ L 5' 75' 75 75 75 75 75 10' 30 1~ 10-H HILLCREST HEIGHTS AMD NO 1 ®w 10-A 02 O . a SUB 049 m V~ 240 07' ml 4 10-8 5 °0 10-E 145 245 50 1- 016 ~ ° O 15 Ip.p 99 12 ~ m M 12-C 97 x , (61 6 n O tl l 2 a H O1 Q1 i 12-A 12 D _ 145' 45 c C 45 101.3 2d5 OS I 4' -A I Q o 012 013 08 f 142 N ' ' n M o 00 M ~ 3/ ~ti 23 2 3 a y r 2 C 10 _ _ m 90' N ' 011 90 a' 13-A 2 r 180 = 13 B 01 _ O ~ 3 I n M y - _ °i H 010 M C OWEN v ' r . n a 90 ° p l l s 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 December 3, 2003, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 291h 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-03-21: An application submitted by Jeff Petty for approval of a 24.9 square foot variancefrom the 12,500 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Two (R-2) and located at 4695 Wadsworth Boulevard. Kathy Field, Administrative Assistant ATTEST: Pamela Anderson, City Clerk To be published: Rocky Mountain News Date: November 19, 2003 Fax 3f-132 M,2867 sep 18 29007, 1115 I P101 LAND USP CASE PROCESSING APPLICATION Comtaaaity Development Department 7500 Rest 241h Avenue wheat7tidge, MM3 Phone (303) 235-2846 (PleW prim or Wp all Wmmndon) Y~C' P r Address ag o6o Use ~u 0 Pnonz2 s Ap# rr~ nn ° City (~lP7L F S Ate C E Q7 /s ? Zd c ~MC~2Tbnl~SCLUE I2MA/J Ad-Af.ss phone city State - 2i'p pax cositact~ r I✓(~ T~~ Attdsess P1:oae ~i~3 City Swe Zip Pax rnA person lined aseonw VAll contacted is ansv.ergne~tlmn regarding this app3irarian Provide sdditiana3 information ;vhen per cry. post u'rriic i7cmiag.) pabiic nearing aigoa. and will rcccivc a copy of inc ataff rcport prior to F e r / G ~ OS ~y© H action 4 r equest (address ! _ W 1 J Type of action requested (check one or mom ofthe actions listen below which pertain to your request). .ipjntitaiiattsubtninal regalraam mon tevttsej1de 0 Change of zone or zone conditions 0 Special Use Permit 0 Consolidation Plot ❑ Subdivision: Minor (5 lots or less) 0 flood Ptaan Special Exception 0 Subdivision. Major (More than 5 lots) 0l of Litre Adjustm"i 0 Right of Way Vacation G Planned Building Grow Ou T anponwy Use, Building, Sign e" Site Development Plan apps oval yrF Yitt77ra4C% M OM Section 3 the 7SgtgHAA Aar Ansin,i l Required information- / O Z gZA (f~6s Assessors Parcel bm- V7 o323~ Cj O'-Size of Lot Cams or square fa3vta8e): /Z ZS sa~7 Current zoning -Z Proposed Ztering:_2 iwrx~ri Usw- S I DENT/F}(, _ r~ Ylse: / j~~JU L I CeAt:.; dial, t= --Baton and exhib ts' rewift am trie and cos, ,1 u s ; of my knox*;uige , yyY~'.~°~~Y in 3Y.ttgY ~tssppliear t, I^s~:r a to it .u t~i?~~^f 3i2 Si~CUt of those pe-,,sons ~isEeed above, rie~l&O'SY whose conA}the F4 a-M-0! =*Mw l -T - aw'f-lly y • ye ww ~~S1r t1f93eA Applhih than o-waC3S frar'„ -w ii r w~•"#' aPprovedi of tcskis a'M-u on his be'rraMr ~?Y~r!T? tt mg uric ~iSgy of ~ 7t1~ N Myconmtissionexpires 3/,29,/04 To by emm- L+~ate =::S'"Yt //~11 163 IL/,4 -03- 0z Camp Plan ncsig ••W,Y`- ZQitttlE +.rl-~-.~ oumler Scctim Mz Related Cam No. Ff"PP A09. 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O -0 C -0 c N O O 3 E t U ~4 ro O.'0 W C ~ 0 3 0 U) (o O U) '0 ro CC C c ro x rt C , 'O U r, O ~ ro ro m 0 U I ~ C 0 O O o u 44 > (o F- -P 4J 0 C +J o. a) o a) a) m rt ~ E C o N a N O C o C x a) w o U) "0 r1 U T3 f.' ~ U6 'rl n s o Lo U) m ri of a) (U O •rq 3 > O C U) O Un -H m `0 -H S-i C C 0 ro o P4 ro u ~ ro r -0 v x aJ H a -H 3 0 10 41 z 4J C O ro J O w }-I SA U C C w o o > p -H ro q O 3 s w E o U) U) -H 0 . ro N "0 H O o k •0 •.i - U) U N -H Ul \l U 1` .O ~ w~ m 0 .,(11 W x O c O Un N 0 U a E F~ °o e z U ~ ~'t 4695 WADSWORTH WHEAT RIDGE CO 80033 ASSESSORS PARCEL NUMBER: 690323208040 LEGAL DESCRIPTION.' HILLCREST HEIGHTS BLK:001 LOT: 0029 KEY:OOA SIZE OF LOT. 2.82/2.86 ACRES or 12,284 SQUARE FEET LIST OF PROPERTY OWNERS WITHIN 100 FEET JIM J RIVAS ADRIAN H QUINTANA 4895 WADSWORTH BLVD PATRICIA FISHER 7609 WEST 47TH AVENUE MICHAEL V FRATINI 7020 WEST 47TH AVENUE OUNKRATTANAKONGKHAM 7625 WEST 47TH AVENUE ~ of 5z::7z*1eV f CD O C3 C) 135.43` ' h u lJ d-„, CL 4- LL- CL W L6 J ir Id u a L -t n Y)~ ts} oo 47 x LLJ r< Lo U -t €C 00 U7 + ' ¢ N f -H cn e 14 c 93• 139 f . n U3ts~ r I~ t •d .&6Ga'.-EZ - f E .;wadvto3 Suzrat%jnS IIaH a6S%LQ ED LI unr 04/27/2003 19:10 3032759891 PAGE 01 EXHU31T "A" PROJECT l+ IJMIBER: C 11-8121-22 PARCEL NUMBER: 13X Date: September 19, 2002 DESCRIPTIO14 An excess parc of of land containing 602 square feet, more or less, in Lot 29, HILLCREST HEIGHTS, a subdi0si©n lying in the Al-E. % of the N.W. 1/4 of Section 23. Township 3 South, Range 69 West, of the Sixth Pnncipd Meridian. in Jefferson County, Colorado, said excess parcel of land being more particuiat, described as, follows: The west 4.3 feet of the east 15.0 of Lot 29, HUCREST HEIGHTS, Section 23, T. 3 S., R. 69 W_, & P.M. The aWvettescribed excess parcel contains 602 square feet, more or less. Basis of Bearings: Subdiviston plat, Hillcrest Heights, as filed in the Jefferson County Records under Roman No. 38999, Book 6-58, dated March 12,1946. Prepared by and for the Colorado Department of Transportation James °Jlrn' D. Styron 303-757-3324 2000 Hotly St, - Room 185 Denver., CO 80222 MrAh C47y oF WgwoQ2E 23T -Z-9-67 04/27/2003 19:10 3032759891 PAGE 02 DEpAWMEINT ()F TRMSPORTATION ©T Region e PMA Of WOY . m mow, 2000 S Holly Street Denver. Calarado 80= (303) 757-9212 Project No. C It-WI-11 LOCatiao: SWC 4r Ave. & WadW Mth Parcel: 13X (;LOSImG STATEMENT FOR DISPOSAL OF PROPERTY I, the undersigned, do hereby certify that On this date full psyrrrent veers race vW from Jeff Petly, for a quitclaim steed for Parcel Nm 13X of the State of Colorado, Department of Transporhftn, Protect No. C 11-0121-11, This deed will be reoorded and delivered to the grantee upon receipt from the clerk and recorder. I also ackn~ed" receipt of the following amounts as payrrient for this property Sales Price of Property: $3,398 cashiers chi ~ Recording Fee-. Document Fee: personal check (to county) Total, 300 Date: 121 /02 STATE OF COLORADO DEP T ENT OF TRANSPORTATION B, egian 6 Prop mty Ma gemettt Coordinator 1, the undersigned, acknowledge reaelpt of a copy/original of the quitclaim deed to Parcel No. 13X from the Department of Tra n ~sportalio? mtlp t Ndelivered - the1 which upon mcelpt of the original dead from c' T and grantee, 14 '4101 Date: .trra 6 2 m lL 6 Q x W to N c J N ~ E U E m 8 ~ u 5 a r Y E m LL S q m N N LL O C Y O d e v t c Y a E N ~ E 8 8 g s J N N O N O Omf f0 !mO O W rN, b ooom-o mm N 41 M ' (O N ! f6 N ~1 0 XXXXXXXX~ ~X oeomm.m m,o m ` ' S' LLry R' inm~F . 3 O Pv ~ Fpm N ~ N r N 8 ~LL ~LL c y O EILC~ U Ri Q 04/27/2003 19:10 3032759691 PAGE 03 M1 y611, 4R 3~ 29d19 z'ddi-994 6 0 RE; 0-00 ERR M~COWTY, COLORADO EXHIBIT B RECORDED IN JEFF ly ?O QO1TULAW DEED 79IL4 pF~D, daza6 49ecemfe+Y 76, Z~~"' cenrr~ DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO ofshe City and •cowdyoe Denver wd sbw as Colvmdo.~sosals). and Morton Silverman whomft919dmessis 9765 W. Cherokee Avenue Las Vegas, NV 89147 and sure Nevada ddle . carry x'Cl aTk NT3N65& qim tlro greotwfs3, for any in meddem~n Mthdmrn# $3,300 't'hree thousand, three hundred and no/100th dmaxps~dsniDcmrydfwLiPbinTm~yadaoWkegadAas 0040zda&avawddmAQunC3.AAMW.amlbydcao Fm 04u es mmiaw rdmsa m13 aad 4uiT(3.A{M wao da: gaasaz(a1. his hens, sacasEms am amlgne faeyax dl the s+Y~ilakumRetdacmanddee~wdwhl~tllagcemods)ms inaodmgln walPml~7•loW~wiWb^Rm'emem9.H~: dmAr,biA9wdbaftMasn Cpoayof Jefferson and SwoMMmada. deg nWasfolb SEE ATTCHED I-EXAL DESCRIPTION EX1i18IT 'W' DATED Sept. 19, 2002 Subject to any and all easements of record and to any and all existing utilities a9 constructed and for their maintenance as necessary. Project: C 11-0121=22 Parcel: 13% Project Code: wm=dhV WWMA9: DepMftVd TMnspMft R50"6 f mo1way 2MS H* 8wA. P"M 978 Daw 00 80i 4840 alsolawwabyu andmmlbaas: asessror 4 sdadus or Pmml numbtr TDn VEAND TO HOLDdles Wgrder wldh 911 Zia siagol9r da:appmmande sw pi'*gadmavmtew~gMg a+a anyw7ae desft+~do aigmtainin$ ass! 9D ft eaw nSK file. inmrat and dwM wIWSOeMS doe WP ' cilherin lawee9aiq'. m Beady gropes mG beretd andbeboofot sbe gmnos(e) his hsks MdUmss foe D41Pfl1MWEMFXW.dngma04s99m' 9 eta tta9d~mdedueavfed494ea. DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO Do as ~Beane~tt hief Cier3c for RiEht-of-Na9 Jy hM. Unbewust,~ f`7x' f FP-r SfATEQFCUL WaD a% City and Co Yud Denver 7716 to12 gira+ntmnK Nasaduaswkd~dbdun:seedlia lees *0-F zAda.+~ M d74r.1Eos rte: a.A J. &h E: bg -d-Ar Y:dnese my ~ andpqudA4a7:~..,F,. my ammwssm~ m4a n-w f\ 11/29/00 10:24 FAX 9037632853 WELLS FARGO ACCEPTANCE Z001 EXHIBIT C 7500 West 29th Avenue The City of neat Ridge Wheat Ridge, Colorado 80033 Telephone 303/235-2846 FAX 303/235-2857 November 19, 2003 Dear Property Owner. This is to inform you of Case No. WA-03-21 which is a request for approval of a 24.9 square foot variance from the 12,500 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Two (R-2) and located at 4695 Wadsworth Boulevard. 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 December 3, 2003, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303- 235-2846. Thank you. Planning Division. C:1D0eu WU and Seai,;,M UhyflMy DnammnuVG W130Alpobnolimlaoo31wa0321.vpd c . c.o dd. wZ LP 4 es'l d 1, Ica- 4 ~4VV-+?0- /n &s-tArc C4g5L4 ~ / F - `fh r4l 1- T . TFff _I uG ' P^DGE -fF T' T ~i I 1 1. THE PLAT QF HI~~GREST HEIGHTS QN THE NORTHEAST CORNER OF LO DOES NOT STATE THE RADIUS OF S LEGEND (RADIUS 0~ 25 FEET SCALED FROM PLAT THE AREA OF THE RESULTING PARCEL AS A CORNER RADIUS OF 25 FEET AS SNOW MONUMENTED LAND SUR V NW 1/4 SEC. 23, T. 3 S., R. 69 W., 6 UTILITY POSE gaaK 1187 PAGE 458 {DEED TO C. o-~~ WOODEN FENCE AREA OF THE PARCEL TO BE 21 Q~ USED CN THIS DOCUMENT. -o-o--- CNAIN SINK FENCE RECEPTION N0. F1 fi29010 (QUITCLAIM •k STATES THE AREA OF THE PARCEL - OHW OVERHEAQ WIRES NO RA[~IUS USED IN THIS DC~CUMEN THE AREA OF THE RESULTING PARCEL A CORNER RADIUS WQULD BE 12,49 ~r 1 THE AREA OF THE RESULTING PARCEL BE 12,502.0 SQ.FT. 1 NEST 47th AVENUE SE7 5/8'~ IRON PIN 50' ROW W/CAP. L.S. 16828 FQUIVD t " IRON PIPE 7.~. 99 ~ N FOUND 1 ° 75.0 J IRON PIPE FENCE CORNER ,eo % 0.2 W. PL o~ LOG PLANTER ~ (ENCI?OACHMENT) 0=34'55'1 ~s__,.,~~ Ass R=25.00 L=15.24' i ~ SET 5/8 " IRON W/CAP. L.S. 16 ~ FENCE CORNER i .v 0.4 W. PL i i I t7-Q ~ ~ I d. FII S ~ LET 28 ~ LET 29 AL- ~ 12.475.1 S0. FJ.  U 4 ~ IYV 1 ILC: HI. I.VI'C Ll11V1.3 I V I.V LVI'CHUV V1Y ANY ~EGAI ACTION BASED UPON ANY ~ ~ ~ WITHIN THREE YEARS AFTER YOU FIRST UU L^vv~ fkju M ~ W IN NO EVENT, MAY ANY ACTION BASE m THIS SURVEY BE COMMENCED MORE u - t5.oo' THE DATE OF THE CERTIFICATION SHOW 4.30'-~"~ 4.. i ' NOTICE: THIS SURVEY DIES NOT CON BY BELL SURVEYING COMPANY COMPATIBILITY OF THIS DESCRIPTION V ~ TF~ACTS, QWNERSHIP OR EASEMENTS OF 3 ~ r. ° CERTIFICATION DEFINED `L ~ THE USE OF THE WORD "CERTIFl`" O `flp• ~ REGISTERED PROFESSIONAL SURVEY0 ~ - .C 4 ~qh~~ h~, `t' `flo I_ANp SURVEYING, CONSTITUTES FOUND 1" FENCE CORNEf?- FENCE CORNER 0.3'Nx0.4"W ~ ~ 0.7 N. PL IRON PIPE 7~. 00' 89. ,,30 ~ _ ~h ~ ~ PRQF~ESSIONAL OPINION REGARDING TN ~~~~W~ WHICH ARE THE SUBJECT OF THE CERTI T j ~ -Ohw- C;(~NSTITtJTF A WARRANTY nR GUARAN r ____.___.a- } . (PLAT= 1 DO SE7 5/8 " IRON PlN SET 5/8 " IRON W/CAP. L S. 16828 W/CAP. L.S. 16 c~ c F... r_s, 3 O ai ~ tt"l r; COUNTY SURVEYORS CERTIFICATE DEPOSITEQ THIS DAY OF 2Q AT .M., IN BOOK OF THE COUNTY SURVEYOR'S LAND SURVEY/RIGHT OF WAY SURVEYS AT ~'J' PAGE RECEPTION NUMBER v COUNTY SURVEYOR BY DEPUTY COUNTY SURVEYOR Quarter Section Map N o.: NW23 Case No.: App: Last Name: A0321 JPetty - Related Cases: A0202 App: First N ame: Pleff Case Histor y: ariance to minimum lot ize to allow a duplex Owne r: Last Name: ilverman Owner: First Nam e: Morton - - - - App Addre ss: 4060 US Hwy. 40 Review Body: BOA - 1213103. City, State Z ip: Golden, CO 80401 APP: Pho ne: 03-526-5253 APN. Owner Address: I 2nd Revie w Body: 9-232-08.040.. City/State/Zip: Las Vegas 2nd Review Date I Owner Phone: I_ Decision-making Body BOA - 1213103 Project Address: 695 Appro val/Denial Date: ~ - Street Name adsworth Boulevard City/State, Zip: heat Ridge, CO 80033. Reso/Ordinance No.: rrr r Case Disposition: Conditions of Approval: Project Planner: rane File Lo cation: ctive - Notes: I Follow- Up: I District: II Date Rec eived: 11/712003 Pre-App Date: I Goto3gage9