HomeMy WebLinkAboutWA-08-15ends
City of
Wheat j i c
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 4660 Webster
Street referenced as Case No. WA-08-15/Eudaly; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a five (5) foot side yard setback variance; reduced
from ten (10) feet to five (5) feet (Case No. WA-08-15/Eudaly) is granted for the property located
at 4660 Webster Street to construct a detached garage, as described, based on the following findings
of fact:
1. The proposed garage would provide the applicant with direct access to the garage
providing ease in the entering and exiting of the garage.
2. There will be no negative impact to the public welfare or other properties in the area.
3. The request would not substantially increase the congestion in public streets,
increase the danger of fire or endanger the public safety.
4. There have been no protests submitted during the ten-day public notification period.
5. The side setback variance would not alter the character of the
neighborhood.
With the following conditions:
1. The design and architecture of the proposed garage be similar in character to the
existing house, subject to staff review and approval through review of a building
permit.
2. All efforts should be made to maintain the viability of the existing trees
when constructing the garage so they may continue to mature after the
garage h#s been constructed.
Date
Community Development Director
INP
® City of
Wh6at-,Ridge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Case File DATE: December 12, 2008
CASE MANAGER: Adam Tietz
CASE NO. & NAME: WA-08-15/Eudaly
ACTION REQUESTED: Approval of a 5 foot side yard setback variance from the 10 foot
setback requirement for detached garages over 8 feet in height on
property zoned Residential Two (R-2)
LOCATION OF REQUEST: 4660 Webster St.
APPLICANT (S): Brett and Stephanie Eudaly
OWNER (S): Brett and Stephanie Eudaly
APPROXIMATE AREA: 9,062 square feet (.21 acre)
PRESENT ZONING: Residential-Two (R-2)
PRESENT LAND USE: Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Case No. WA-08-15/Eudaly
JURISDICTION:
All notification and posting requirements have been met; therefore, the administrative
decision may be made.
1. REQUEST
The applicant is requesting an approval of a 5 foot side yard setback variance in order to
construct a 648 square foot, detached garage which is over 8 feet in height at the property
indicated above resulting in a 5 foot side yard setback.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code allows the
Director of Community Development (Director) to grant administrative variances from
the strict application of the zoning district development standards. Administrative
variances are allowed for up to 50% of the development standard.
All other development standards for this request have been met
II. CASE ANLYSIS
The applicants, Brett and Stephanie Eudaly, are requesting this variance as the property
owners of 4660 Webster St. `(Exl *1 Letter of Requesoariance Crrteria.for Review).
The request is for approval of a 5 foot side yard setback variance from the 10 foot side
yard setback requirement for detached garages over 8 feet in height (Exhibit Site Plan).
The R-2 zone district allows single family uses, two family dwelling units, and accessory
buildings.
The property is approximately 9,062 square feet in size. It is 76 feet in width and has a
depth of approximately 119.25 feet. The property already has an existing 1,160 square
foot home with an attached carport and a 120 square foot storage shed. The applicant is
proposing to demolish the existing carport and wishes to construct a new, 648 square
foot, detached garage on the lot as there currently is no garage. The newly constructed
garage would be a double car garage and used as the primary garage for parking and
storage of vehicles and equipment belonging to the applicant.
The R-2 zone district allows for maximum lot coverage of 40%. Based on a lot size of
9,062 square feet, 3,624.8 square feet of structures are allowed. With the proposed
detached garage being 648 square feet, the lot coverage is under the allowable maximum
with 1,928 square feet or 21.3% lot coverage. The proposed garage meets all other
development standards including the setbacks for the rear, height, and maximum size.
The applicant has expressed the structure will be quality built, will add to the character of
the neighborhood, and increase the value of the property. The proposed garage would be
constructed in the rear yard along the southern side of the property in order to be able to
Administrative Variance 2
Case No. WA-08-15/Eudaly
use the existing drive way for access to the garage (Exhibit 3 and 4, Site Photos). The
proposed location for the garage will also provide for a more direct movement into and
out of the garage (Exhibit 5 and 6, Site Photos). The driveway will be extended into the
rear yard in order to provide a hard surface all the way to the garage. If the garage were
required to meet the 10 foot setback, it would be difficult to access with a vehicle as the
overhead door would be located behind the house resulting in the need to make multiple
forward and backing maneuvers in order to get a vehicle in or out of the garage.
Additionally, there appears to be multiple detached and attached garages and homes that
have been built within the required setbacks in the neighborhood (Exhibits 7-10, Site
Photos Prior to 2003, the required setback for a detached garage was only 5 feet. The
code was changed in 2003 which increased the setbacks for accessory structures in an R-
2 zone district from 5 to 10 feet, based on the structure height.
III. VARIANCE CRITERIA
In order to authorize an administrative variance, the Director must determine that the
majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have
been met. The applicant has provided their analysis of the application's compliance with
the variance criteria (Exhibi! `1); Staff provides the following review and analysis of the
variance criteria.
1. The property in question would not 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 were denied, the property would continue to yield a reasonable
return. The property currently has a single family home and a storage shed on it.
They may remain in this manner regardless of the outcome of the variance
request. If denied, the applicant could still construct a detached garage on the lot
but it would have to meet the 10 foot side yard setback.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be
altered. The property is located in a residential area that allows for single family
residential structures and uses that are accessory to the residential structure. The
garage would be an accessory use allowed by the zoning code.
Variances have also been granted in the area to allow for decreased side and rear
yard setbacks. In addition to the variances that have been granted, it appears from
aerial photos that several homes in the area have accessory, structures such as
garages and sheds within five feet of their property lines (Exhrbrtl,l). Site visits
do confirm this.
Administrative Variance
Case No. WA-08-15/Eudaly
Staff finds this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
The applicant is proposing a substantial investment in the property. If the
applicant was not asking for a side yard variance they physically still would be
able to construct a detached garage on the lot. The applicant has suggested that
without the side yard variance the garage would be virtually impossible to access
due to the location of the home. A 10 foot setback would also require mature
landscaping and other improvements on the property to be removed.
Staff finds that this criterion has been met.
4. The particular physical surrounding, shape or topographical condition of the
specific property involved results 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 is a fairly large lot that is rectangular in shape and relatively flat. The lot
also has a large amount of mature trees and other landscaping. Constructing a
garage in a location that met the setbacks would require several of the mature
trees to be removed. The proposed location of the garage would have the least
amount of impact on the landscaping that is in place as there is no landscaping
along the south side of the property.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
The hardship described above relates to the location of the existing home, which
was built prior to the current owner having an interest in the property and prior to
the City modifying the zoning setback requirements for the property. Since the
home was constructed prior to the current owner having an interest in the property
the hardships have not been created by the owner.
Staff finds this criterion has been met.
6. The granting of the variance would not 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, substantially or
permanently impairing the appropriate use or development of adjacent
property, impairing the adequate supply of light and air to adjacent
property, substantially increasing the congestion in public streets or
Administrative Variance 4
Case No. WA-08-15/Eudaly
increasing the danger of fire or endangering the public safety, or
substantially diminishing or impairing property values within the
neighborhood.
Staff concludes that the request would not be detrimental to public welfare and
would not be injurious to neighboring property or improvements. It may have a
positive impact on property values in the area. It would not hinder or impair the
development of the adjacent properties. The adequate supply of air and light
would not be compromised as a result of this request.
The request would not increase the congestion in the streets, nor would it increase
the danger of fire. It also wouldn't cause an obstruction to motorists on the
adjacent streets and would not impede the sight distance triangle.
Staff finds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The unique circumstances described in criterion 4 relate to the fact that the house
and the majority of other structures in the neighborhood were built prior to the
2003 modification of the Zoning Code. The properties and homes in the vicinity
are similar to the subject site, necessitating additions and the construction of
accessory structures to meet current market demands.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single family homes and their accessory structures are not required to meet
building codes pertaining to the accommodation of persons with disabilities.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
The Architectural and Site Design Manual does not apply to single and two
family dwelling units. However, no metal accessory structures over 120 square
feet are permitted in any zone district.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Administrative Variance
Case No. WA-08-15/Eudaly
Having found the application in compliance with the majority of the applicable review
criteria, staff recommends approval of the variance request. Staff has found that there are
unique circumstances attributed to this request that would warrant approval of a variance.
Therefore, staff recommends APPROVAL for the following reasons:
1. The proposed garage would provide the applicant with direct access to the
garage providing ease in the entering and exiting of the garage.
2. There will be no negative impact to the public welfare or other properties
in the area.
3. The request would not substantially increase the congestion in public
streets, increase the danger of fire or endanger the public safety.
4. There have been no protests submitted during the ten-day public
notification period.
5. The side setback variance would not alter the character of the
neighborhood.
With the following conditions:
The design and architecture of the proposed garage be similar in character
to the existing house, subject to staff review and approval through review
of a building permit.
2. All efforts should be made to maintain the viability of the existing trees
when constructing the garage so they may continue to mature after the
garage has been constructed.
Administrative Variance
Case No. WA-08-15/Eudaly
November 17, 2008
To Whom It May Concern:
We are writing this letter to request a variance from Section 26-209. This zoning requirement,
which was put in effect in 2003, states that the minimum side yard setback for a detached
garage must be 10ft. We are requesting that the setback be decreased to 5ft. We are looking to
increase the value of our home by replacing a flat roofed shed/carport with a custom built 2-car
garage. In order for us to accomplish this, it is a necessity that this request be granted. We are
aware of the list of criteria in which you will evaluate our request, and the following is a list of
our responses to each criteria.
A. If we built a 2-car garage according to the 10ft. setback, it would be impossible to drive
into the garage due to the location of the house. We do not want to settle for a 1-car
garage because the return on our investment would be minimal, future buyers will look
for multi-car garages, and most importantly this will not suit our needs.
B. Our neighborhood, which was built in the early 1950s, is very well maintained.
Throughout the years the majority of homeowners have improved their properties with
upgrades and additions. Among these additions, many people have added oversized
garages in the same location on their lots that we are looking to build on ours. Here is a
list of addresses in one square block that have added garages and other structures that
do not meet the 10ft. side yard setback:
• 4615 Webster St.
• 4625 Webster St.
• 4630 Webster St.
• 4635 Webster St.
• 4645 Webster St.
• 4650 Webster St.
4655 Webster St.
o e4665 Webster St.
• 4670 Webster St.
• 4675 Webster St.
• 4680 Webster St.
• 4685 Webster St.
• 7421 W. 46th Ave.
• 7440 W. 46th Ave.
• 4610 Vance St.
• 4630 Vance St.
• 4655 Vance St.
• 4660 Vance St.
• 7535 W. 47th Ave.
• 7585 W. 47th Ave.
W
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C. Building a 2-car garage will substantially increase the value of our home. Currently
there is a flat-roofed carport/ shed that is not aesthetically pleasing. It was built with a
6ft side yard setback. Additionally there is an area of our backyard that is not
landscaped. Building this garage will positively contribute to the overall look and value
of the property.
D. Currently the location of the home on the property will not allow a vehicle to drive into
the garage with a 1Oft. setback. Additionally, there are two large well-established locust
trees in the backyard that will remain with a granted request of a 5ft setback.
E. Our unique hardship is the location of the house on the lot. The complete structure of
the home was built in 1951.
F. As stated in B, the majority of the homes in our square block have structures that do not
meet the 10ft side yard setback. The homes on each side and directly behind us all have
added garages, either attached or detached, that do not meet the loft side yard setback.
Building this garage with a 5ft setback will not be detrimental to public welfare. It will
not impair the development of adjacent properties, nor impair the adequate supply of
light or air to adjacent properties. It will not increase the congestion in public streets or
increase the danger of fire within our neighborhood. It will not impair or diminish
property values. In fact it will increase our property value and that of the overall
neighborhood.
G. As stated in B and F, the majority of properties in our neighborhood have similar house
locations on their lots. This has been the main contributing factor for the location of
garages, additions and other structures on these lots.
In closing, we appreciate the time and effort that will be put forth towards granting our request.
We believe that we have effectively met all criteria for the variance. We look forward to hearing
from you soon.
Best Regards,
Brett and Stephanie Eudaly
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Administrative Variance 10
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Case No. WA-08-15/Eudaiy
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Case No. WA-08-I5/Eudaly
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/ ~Residential Worksheet
Address: (A/ iLb~j 9' "r `
Zoning: IV I _7 Property in the flood plain? Al
Lot Size: O 2 sq, ft. Lot Width:
Maximum Lot Coverage: ~0 %
36 21/. _ sq. ft.
Proposed Improvements:
House: sq. ft.
Addition to House: sq. ft.
Shed: sq. ft.
Detached Garage: (o--sq- ft-
Proposed Lot Coverage: (Total) 21,3 %
Existing Improvement(s):
House: <~o sq. ft.
Shed: /20 sq. ft.
Detached Garage: sq• ft.
Other: sq. ft.
J%Z $ sq. ft.
Required Setbacks: FR 30 S L_ S 10 R 10
Provided Setbacks: FR 3c S `5
S SCE R 10
Maximum Height: 1,; - ft.
Proposed Height: 415 ft.
Maximum Size: sq• ft.
Proposed Size: sq. ft.
Access Notes
For one and two-family dwellings, the first 25' of driveway area from the existing edge of pavement into the site
shall be surfaced with concrete, asphalt, brick pavers or similar materials.
For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any
property line, except when used as joint access for two or more lots.
In residential zone districts, curb cuts shall be at least- 10 feet and not more than 24 feet in width.
One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet
apart, measured from the interior edges.
For all uses, one access point per property is permitted.
Landscaping Notes
For one-and two-family dwellings, one tree for every 70 feet of street frontage is required.
100% of the front yard and 25% of the entire lot must be landscaped prior to issuance of C.O.
Street trees required: Street trees provided:
EUDALY BRETT C
LEUA STEPHANIE A
4660 WEBSTER ST
WHEAT RIDGE CO 80033
WARNER SUZANNE M
4650 WEBSTER ST
WHEAT RIDGE CO 80033
SERRACINO ANTONIO
4670 WEBSTER ST
WHEAT RIDGE CO 80033
STAUDENMAIER AMIE
STAUDENMAIER ELIZABETH
STAUDENMAIER WILLIAM
4665 VANCE ST
WHEAT RIDGE CO 80033
SANCHEZFRANCESJ
4655 VANCE ST
WHEAT RIDGE CO 80033
FRANCO LAURA A
4645 VANCE ST
WHEAT RIDGE CO 80033
GRANT DANIEL E JR
4645 WEBSTER ST
WHEAT RIDGE CO 80033
ESTRADA C
ES A V
465 B S
A GE CO 80033
39-231-09-013
7008 ❑15d 4003 4542 907
39-231-09-012 7008 0150 0003 4502 9082
39-231-09-014 7048 0150 00133 4502 9099
39-231-09-003 7008 0154 0003 4502 9105
39-231-09-004 7008 0150 0003 4502 9112
8
39-231-09-005 7008 4150 0403 4502 9129
39-231-07-035
7008 0150 0003 4502 9136
39-231-07-036
7008 0150 0003 4502 9143
1. 1A4
City of
Wheat~idge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846
CERTIFIED LETTER NOTICE
F: 303.235.2857
December 5, 2008
Dear Property Owner:
This is to inform you of Case No. WA-08-15, a request for approval of a 5 foot
side yard setback variance from the 10 foot side yard setback requirement resulting
in a 5 foot side yard setback for a detached garage on property zoned Residential-
Two (R-2) and located at 4660 Webster Street.
The applicant for this case is requesting an administrative variance review which
allows no more than a fifty percent (50%) variance to be granted by the Zoning
Administrator without need for a public hearing. Prior to the rendering of a
decision, all adjacent property owners are required to be notified of the request
by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on December 15, 2008.
Thank you.
WA0815.doc
www.ci.wheatridge.co.us
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OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
PARCEULOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
NE 23
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PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
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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)
Applicant $QrR 4- SrfsPRAmer FoOA~y
Address NGbo Alfrasr;;4 sr, Phone ?03 82 -o1917
CiTy (iHEsr /1t0a~
State co Zip 8003) Fax Cse?I?3G-4o9c~
Owner $QF„ tf -i- , ;Wttk. nE Ew44. y
Address YGba c.wfdSrFk Sr- Phone o 29-cYY7
City Wt+F_.4r R otF
State Co Zip 80033 Fax (h;L=Vote
Contact 8AFtf FaDA~lf
Address t/6Go 44ddfr6 sr, Phone o . aq
City fi~Hf4r ,e,r
State Co Zip?? Fax o 3 -yo9o
(The person listed as contact will be contacted to answer q
uestions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report
prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): V61,0 kib35
y_og Sr, klHEAr Rtdkb , Co Soo 72
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
Change of zone or zone conditions
❑ Special Use Permit
❑ Consolidation Plat
❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception
❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment
❑ Right of Way Vacation
❑ Planned Building Group
❑ Temporary Use, Building, Sign
l
❑ Site Development Plan approval
lot )
Cg arianc Waiver (from Section ;I(n-a
❑ Other:
Detailed description of
Required information:
Assessors Parcel Number: IO S t/ S9 Y Size of Lot (acres or square footage): 9o~t SQ fr.
Current Zoning: R-A w90 SFr2AUC Proposed Zoning: S tsto6 Y490 s&y64c <
Current Use: CA9&PT- 1 JefkQ 1ue .ry4RD Proposed Use: OF?aeHPD eZ CAe &AAAoE
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
above,
and that in filing this application, I am acting with the knowledge and consent of thosd ON
without whose consent the requested action cannot lawfully be accomplished. Appliwners
must submit power-of-attorney from the owner which approved of this action on his r%+
Signature of Applicant
Subscribed and sworn to me this /01= day of
My commission expires
To be filled out by staff:
Date received - n 6 d Fee $ n/ Recei t No. ` /tease No. Lv46E-c
Comp Plan Desig. Zoning Quarter Section M 4~~-.3.
Related Case No. Pre-App Mtg. Date Case Manager
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004
IMPROVEMENT LOCATION CERTIFICATE
4660 WEBSTER STREET
8.4' 118.00'
//-12.6' o :
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Cv 1 STORY n
C
BRICK &
- 315' FRAME HOUSE
26.3'
16.4'. °
Aol
n
118.00'
GRAPHIC SCALE
p 10 20 40
IN FEET )
1 inch = 20 ft.
METAL SHED
N 12.2'
0
6.3'
n
LEGEND
R-O-W - PUBLIC RIGHT-OF-WAY
a FENCE LINE
CONCRETE AREA
i
COVERED AREA
LEGAL DESCRIPTION:
LOT 2, BLOCK 4, CLEAR CREEK VISTA, COUNTY OF JEFFERSON, STATE OF COLORADO.
CERTIFICATION: I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED
FOR THE SOLE PURPOSE OF THE MORTGAGE LENDER, 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, NOVEMBER 24TH, 2008, EXCEPT
UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN,
THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES, EXCEPT AS INDICATED, AND
THAT THERE IS NO EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID
PARCEL, EXCEPT AS NOTED.
CURTIS E. CARROLL, PLS
COLORADO REG. #37552
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Case No.: _ppg16 Quarter Section Map No.: NE23
App: Last Name: Eudaly _ Related Cases:
App: First Name: Brett ffi Stephanie J Case History: 6 ft. side yard setback
Owner: Last Name: _ ariance J
ame
Owner: First Name:
App Address: _660 wehster St. Review Body: dm.
City, State Zip: heat Ridge,CO 80033
Phone: 303-829.0147 _J APN: 9-231-09-013
App: J
Owner Address: ame____2nd Review Body:
City/State/Zip: 2nd Review Date: _
Owner Phone: ame Decision-making Body:
Project Address: 14 660Approval/Denial Date:
Street Name: ebster Street __.w.
City/State, Zip: Wheat Ridge, CO 80033 _ Reso/Ordinance No.:
Case Disposition: Conditions of Approval:
Project Planner: fetz District:
File Location: ctive Date Received: 1112 612 0 0 8
Notes:
Follow-Up: Pre-App Date: ~7
CITY OF WHEAT RIDGE
11/25108 11:49 AM cdhb
Stephanie Eudai;
RECEIPT t-060DGO0995 AMOUNT
FMSD ZONING APPLICATION F 200.06
Mile
PAYMENT RECEIVED AMOUNT
CK 2260 206.00
TOTAL 200.66