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HomeMy WebLinkAboutMS-08-01CITY OF WHEAT RIDGE CITY OF WHEAT RIDGE 62126/89 3:81 PM cdbb 82/20/89 3:80 PM cdbb DAVIS B RIENHART DAVIS B REINHART RECEIPT NO:CDB881220 AMOUNT RECEIPT NO:CDB801219 AMOUNT FMSD PARK LAND DEDICATION 685.80 FMSD ZONING MISCELLANEOUS 11 88 MIS11 ZOMI . PAYMENT RECEIVED AMOUNT PAYMENT RECEIVED AMOUNT CK 1881 605.88 CK 4109 11 88 TOTAL 685.88 TOTAL . 11.88 N v a. F". 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AMD PLAT Owner Name(s) REINHART DAVIS Block Lot Key Section Township Range QuarterSection Land Sqft 008 0002 OOK 25 3 69 SW 27297 008 OSC 25 3 69 SW 2104 Total 29401 Assessor Parcel Maps Associated with Schedule Graphic Parcel Ma_p MaoOuest Location map39-253 odf PROPERTYINVENTORY Property Type RESID Year Built: 1940 Adjusted Year Built: 1945 Design: 1 1/2 Story Improvement Number:. 1 Item Quality No. MAIN BEDROOM 3 FULL BATH Average 1 3FIX-3/4 BATH Average 1 MAIN FIREPLCE Average 1 2FIX BATH Average 1 SALE HISTORY Areas Quality Construction Sqft FIRST FLOOR Average M 1555 1/2 STORY TOT Average F 423 DETACH GARAGE Average M 720 WOOD DECK Low 384 1/2 STORY FIN Average 423 RES BLDG/SHED F 288 Land Characteristics Traffic Collector Street Sale Date Sale Amount Deed Type Reception 05-30-2005 375,000 Warranty Deed 2005024284 TAX INFORMATION 9 2008 2008 Payable 2009 Actual Value Total 318,460 Assessed Value Total View Mill Levy Detail For Year 25,350 Treasurer Information 200 2008 Mill Levy Information Tax District 3142 County 24.3460 School 48.2840 WHEAT RIDGE 1.8300 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE&FLOOD CONT DIST 0.5280 URBAN DRAINAGE&FLOOD C SO.PLAT 0.0630 WHEATRIDGE FIRE DIST. 4.4000 WHEATRIDGE SAN. DIST. 0.5500 Total 80.0010 http://www.co.jefferson.co.us/ats/displaygencral.do?sch=209126&offset=l3 2/4/2009 City of ~7~Theatidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building February 4, 2009 Davis Reinhart 2690 Pierce St. Wheat Ridge, CO 80033 Dear Davis: 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of January 26, 2009, City Council APPROVED Case No. WA-08-14, a request for approval of a 6-foot lot width variance and a 4.3-foot side setback variance for Lot 2 in conjunction with Case No. MS-08-01, for the following reasons: I . Granting of the variances would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in the area, including several approved as variance requests by the Board of Adjustment. 3. Granting of the variances should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger. City Council also APPROVED your request for a waiver of street right-of-way dedications for Pierce and W. 28th Avenue in conjunction with Case No. MS-08-01, for the following reasons: 1. There is no other curb, gutter and sidewalk on the east side of Pierce Street between W. 26th and W. 29th Avenues. 2. The right-of-way for W. 28th Avenue was vacated in the 1950's and there is no other curb, gutter and sidewalk on the south side of W. 28th Avenue between Pierce and Newland Streets. Finally, City Council passed a resolution approving a final subdivision plat known as Reinhart Subdivision for property located at 2690 Pierce Street for the following reason: All technical requirements of the subdivision regulations have been met. With the following conditions: 1. All typographical errors on the plat document be corrected. 2. Add the following case number to the case history box: WA-08-14. 3. The payment of parkland dedication fees occur prior to the recordation of the plat. www.ci.wheatridge.co.us Davis Reinhart Page 2 February 4, 2009 Enclosed is a copy of the signed resolution and a draft copy of the minutes stating Council's decision. Please submit a blackline photographic mylar of the subdivision plat, which incorporates the conditions of approval, for recording with Jefferson County. Enclosed are Jefferson County's recordation requirements. The fees for recording with Jefferson County are $11 per page. Please submit payment along with the mylars to the City of Wheat Ridge Community Development Department. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, Kathy Field Administrative Assistant Enclosure: Copy of Resolution Draft of Minutes cc: MS-08-01 & WA-08-14 (case files) MS0801&WA0814doc CITY OF WHEAT RIDGE, COLORADO RESOLUTION No. OS JJ ~ Series of 2009 09 _ Ju( TITLE: A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT KNOWN AS REINHART SUBDIVISION FOR PROPERTY LOCATED AT 2690 PIERCE STREET (CASE NOS. WA-08-14/MS-08-01) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of requests to subdivide land; and WHEREAS, an application has been received from Davis Reinhart for approval of a two-lot subdivision known as Reinhart Subdivision; and WHEREAS, the proposed subdivision has been referred out to all necessary internal and external referral agencies; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on January 8, 2009. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE FINAL SUBDIVISION PLAT KNOWN AS REINHART SUBDIVISION IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: I. The final subdivision plat has been reviewed for consistency with applicable requirements of the Chapter 26 of the Wheat Ridge Code of Laws. 2. Properly noticed public hearings have been held before the Planning Commission and City Council. 3. The City Council has reviewed the facts and considered testimony and has rendered an approval motion for the request. With the following conditions: I. Five feet of right-of-way be dedicated for Pierce Street. 2. Ten feet of right-of-way be dedicated for W. 28th Avenue. 3. All typographical errors on the plat document be corrected. 4. Add the following case number to the case history box: WA-08-14. 5. The applicant shall enter into a Subdivision Improvement Agreement with financial guarantees to establish rasponsibijhties Mr public improvements and payment of parkland dedJ,,1;6on fees prior to the recordation of the plat." DONE AND RESOLVED THIS 26t" day of January 2009 J &riTullio, Mayor ATT ST: Michael D. Snow, City Clerk CITY COUNCIL MINUTES: January 26, 2009 Page -4- Item 4. Resolution 05-2009 - A Resolution approving a two-lot Subdivision Plat with variances and waivers of right-of-way dedication and public `WWU improvements installation for property zoned R-1, Residential-One, located at 2690 Pierce Street. (Case No. WA-08-14/MS-08-01/Reinhart) Mayor DiTullio opened the Public Hearing and gave oath to all citizens giving testimony. Resolution 05-2009 was introduced by Ms. Berry who read the Executive Summary. Ms. Berry informed the Council of her receiving calls from citizens on this quasi-judicial matter recently but that she did not discuss the matters of the case, only the procedures of the hearing. She also had recent conversations with the applicant, Mr. Reinhart, none of which pertained to this case. Mr. Gokey cited having recent conversations with Mr. Reinhart, none of which pertained to this case. Mrs. Reckert provided the Staff summary presentation (included in this packet). Davis Reinhart, applicant and property owner, demonstrated to Council the process and reasoning followed in arriving at the presently proposed Plat. Mr. Reinhart requests that Council approve his request for variance from Public right-of-way dedications, citing the damage, cost and negative impact that would be incurred in removing the mature Silver Maple trees that currently exist in the requested right-of-way. Mayor DiTullio called for a break at 8:44pm; resuming at 8:57pm. Cliff Selby noted the value of the existing trees on the property to the neighborhood character. He argued that considering the budgetary challenges in the City currently we don't want sparse City funds spent on a sidewalk that would not connect to any other segment of sidewalk in the area. Scott Ernest contended that a new home built in this location would interfere with the view from his home that currently adjoins the property in question. He also argued that the approval of this subdivision and the variances required to approve the building of the additional home would adversely affect his and his neighbors' property values. Motion by Ms. Berry to approve Case No. WA-08-14, a request for approval of a 6' lot width variance and a 4.3 foot side setback variance for Lot 2 in conjunction with Case No. MS-08-01, for the following reasons: 1. Granting of the variances would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in the area, including several approved as variance requests by the Board of Adjustment. 3. Granting of the variances should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger. Seconded by Mrs. Sang; carried 7-0. CITY COUNCIL MINUTES: January 26, 2009 Page -5- Mr. Gokey asked for a Council concession to allow further public testimony. Mr. Ernest contended that if a seventh Planning Commission member had been present when they heard this case, even with that affirmative vote the Commission would not have reached a 75% majority to recommend approval of the applicant's requests. Motion by Ms. Berry to deny a request for variances for street right-of-way dedications for Pierce and W. 28th Avenue in conjunction with case No. MS-08-01, for the following reasons: 1. It is City Policy to bring streets with insufficient right-of-way up to City standards. 2. It will further the future general health, safety and welfare of the City. Motion failed due to lack of a second. Motion by Mrs. Sang to approve a request for variances for street right-of-way dedications for Pierce and W. 28th Avenue in conjunction with case No. MS-08-01, for the following reasons: There is no other curb, gutter and sidewalk on the east side of Pierce Street between W. 26th and W. 29th Avenues. The right-of-way for W. 28th Avenue was vacated in the 1950's and there is no other curb, gutter and sidewalk on the south side of W. 28th Avenue between Pierce and Newland streets. Seconded by Mr. Gokey; carried 6-1 with Ms. Berry voting No. Motion by Ms. Berry to approve Resolution 05-2009 for the following reason: All technical requirements of the subdivision regulations have been met. With the following conditions: 1. All typographical errors on the plat document be corrected. 2. Add the following case number to the case history box: WA-08-14. 3. 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(D rr O O < < M. (D 0- I O O CD CD p N 3 0 ,G O N N Q (OD -0 ~ N 70 7 0 0 N N _0 CD (D N is p 0 O O 0 (D v O 0 0_ CD CD 3 ZD Q p 3 O Q r2 0 F). (D m O O rn O :3 IV (D City of Wheatlidge ITEM NO: REQUEST FOR CITY COUNCIL ACTION =i COUNCIL MEETING DATE: January 26, 2009 TITLE: RESOLUTION NO. 05-2009: A RESOLUTION APPROVING A TWO-LOT SUBDIVISION PLAT WITH VARIANCES AND WAIVERS OF RIGHT-OF-WAY DEDICATION AND PUBLIC IMPROVEMENTS INSTALLATION FOR PROPERTY ZONED R-1, RESIDENTIAL-ONE, LOCATED AT 2690 PIERCE STREET (CASE NO. WA-08-14/MS-08-O1/REINHART) ® PUBLIC HEARING ❑ ORDINANCES FOR I IT READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2"o READING ® RESOLUTIONS Quasi-judicial: ® YES L ommunity velopment ' ctor ❑ NO City Mana 1 r EXECUTIVE SUMMARY: The applicant requests approval of a two-lot minor subdivision on property zoned R-1, Residential- One, located at 2690 Pierce Street. In order for the subdivision to be approved, variances are required to the minimum lot width for Lot 2 and side setback for an existing garage on Lot 2. The applicant is also asking for a waiver to the requirement for right-of-way dedication and construction of public improvements on both Pierce Street and West 28th Avenue. The requested subdivision plat would divide the property into two lots to allow for a construction of an additional single family residence. Planning Commission reviewed this request at a public hearing held on November 20, 2008. Lacking the required three-fourths majority to approve the requested. variances, the Commission could not take further action on the subdivision request. COMMISSION/BOARD RECOMMENDATION The Planning Commission is required to make a recommendation on the subdivision plat application for City Council's consideration. The Planning Commission reviewed the request at a public hearing on November 20, 2008. The Planning Commission voted 4-2 to approve the variances associated with the application. However, when considering requests with variances (lot width and side setback), a three-fourths (3/4) majority vote of the Planning Commission is required to recommend approval. Lacking that majority, the effective recommendation of the Planning Commission is to deny the subdivision request. There were six attendees from the neighborhood who spoke regarding the request. Attached are minutes from the November 20, 2008 meeting for Council's review, as well as the Planning Commission staff report. STATEMENT OF THE ISSUES: Notice of this public hearing was published in the Wheat Ridge Transcript on January 8, 2009. The property is zoned R-1 and is located at the southeast comer of Pierce Street and W. 28"' Avenue. The plat will subdivide the property into two lots. Lot 1 will contain the existing single family residence and the existing garage will be located on Lot 2 with the new parcel line running between the two existing structures. The new parcel line is somewhat irregular in order to accommodate the existing structures on the property which the owner would like to retain. With the subdivision, both parcels are required to meet the development standards of the R-1 zone district which include minimum lot size, lot width, and setbacks. Both the rear and side setbacks in the R-1 zone district are required to be 15'. With the proposed lot configuration, the house will have a 15.6' rear setback from the new lot line which is confonning, but the garage will only have a 10.7' side setback, thus requiring a variance of 4.3'. Attachment 4 is a graphic which shows the relationship of these existing structures to the new lot line. The R-1 zone district standards require a minimum lot size of 12,500 square feet of area with a lot width of 100'. Lot I on the proposed plat exceeds the standards of the R-1 zone district with 16,027 s.f of lot size and 155.98' of lot width (measured along the Pierce Street side). Proposed Lot 2 exceeds the minimum lot size standard for the district at 13,371 s.f., however lot width which is measured at the 30' minimum front setback line is only 94', requiring a lot width variance of 6'. The application has been through a standard City and outside agency referral process. When a subdivision is submitted to the city for review and approval, one of the assessments that occurs by the Public Works Department is whether the streets abutting the proposed subdivision meet the city standards for width and whether the construction of public improvements will be required. For residential subdivisions, if Public Works concludes that the public improvements should be installed now, a subdivision improvement agreement with a letter of credit for 125% of the cost of the improvements is required, as well as civil design documents detailing the construction. Construction of the public improvements would typically occur prior to the lots being developed. If it is determined that public improvements are not suitable for construction at this time, a development agreement with letter of credit for the cost of the improvements is required for future installation. If street construction does not occur within ten years, the funds are released back to the property owner. Pierce Street is classified as a collector street, with a standard width of such as 60', or 30' from centerline. Pierce Street abutting the property is only 50' in width; therefore, Public Works is requiring the dedication of 5' of right-of-way. W. 28th Avenue abutting the property is considered a local street which requires a total r-o-w width of 50'. Since 28th Avenue abutting the property has only 40' of width, Public Works is requesting a dedication of 10' for right-of-way. Staff would point out that Section 26-416.K. of the subdivision regulations allows a right-of-way width for local streets to be reduced to 40' through a variance process accompanying a subdivision request. Public Works has detennined that they would like the construction of public improvements on both frontages to occur now. The existence of public improvements (curb, gutter and sidewalk) varies widely in this area. Pierce Street from 32nd Avenue to 26th Avenue has vertical curb, gutter and a 5' sidewalk on the west side only. This portion of Pierce was constructed in 2000 as a capital improvements project. Pierce is one of the only collector streets which extends through the north-south expanse of the city from 26th Avenue north to W. 48th Avenue. It has heavy pedestrian traffic by school aged children as a primary route to Jefferson High School at 22nd Avenue in Edgewater, Wheat Ridge Middle School at 38th and Upham and Sts. Peter and Paul school at Pierce and 40th Avenue. W. 28th Avenue has "roll-over" curb, gutter and sidewalk along portions of the north side of the street. There are no public improvements of any sort along the south side of the street. Vacations of the right-of-way along the south side of 28th Avenue, including along the frontage of the subject property, previously occurred in the 1950's. The applicant objects to both the requirement for dedication and also the request for installation of public improvements or the requirement for an escrow agreement with funds for future improvements. Public Works staff would like, at a minimum, the 28th Avenue right-of-way dedicated in the event of the need for future street and drainage improvements. They would prefer to have the right-of-way for 281h Avenue dedicated and built. Dedication of 10' for W. 28th Avenue would reduce the current lot size proposed for Lot 2 (13,371 s.f) down to 12,381 s.f. which reduces it below the minimum lot size of 12,500 s.f. Dedication of 10' along W. 28th Avenue also reduces the existing structure setbacks to 10.2' for the garage and 17' for the house. While in most cases these reductions in minimum development standards would trigger the need for additional variances for lot size and setbacks, in this case the reductions would create legal nonconformities pursuant to Code Section 26-120E.1. This is because the reductions caused are by an action of the city requiring a dedication of land for street widening purposes, and in that situation, the smaller lot and setbacks are considered legally nonconforming. If the variance for right-of-way dedications is not granted, a subdivision improvement agreement with financial guarantees will be required prior to the recordation of the plat document. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the resolution Adopt a motion to approve the request. Adopt a motion to deny the request. FINANCIAL IMPACT: A one time review fee was collected for the processing of this application. Building permit fees and use tax will be assessed at the time of building permit for a new house on Lot 2. The Parks Commission has recommended fees in lieu of land dedication to be assessed prior to plat recording. RECOMMENDED MOTIONS: The following motions must occur in the order listed. ACTION ITEM #1 VARIANCES TO LOT WIDTH AND SIDE SETBACK (A three fourths vote of the members present is needed to approve a variance.) "I move to approve Case No. WA-08-14, a request for approval of 6' lot width variance and a 4.3' side setback variance for Lot 2 in conjunction with Case No. MS-08-01, for the following reasons: 1. Granting of the variances would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in the area, including several approved as variance requests by the Board of Adjustment. 3. Granting of the variances should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger." or "1 move to deny Case No. WA-08-14, a request for approval of 6' lot width variance and a 4.3' side setback variance for Lot 2 in conjunction with Case No. MS-08-01, for the following reasons: If this portion of the request is approved, the following can be decided. If this portion of the request is denied, no further action can be taken. ACTION ITEM #2 WAIVER OF RIGHT-OF-WAY DEDICATIONS (A three fourths vote of the members present is needed to approve a waiver to street dedication requirements.) "I move to deny a request for variances for street right-of-way dedications for Pierce and W. 28th Avenue in conjunction with Case No. MS-08-01, for the following reasons: 1. It is City policy to bring streets with insufficient right-of-way up to city standards. 2. It will further the future general health, safety and welfare of the city." or, "I move to approve a request for variances for street right-of-way dedications for Pierce and W. 28th Avenue in conjunction with Case No. MS-08-01, for the following reasons: There is no other curb, gutter and sidewalk on the east side of Pierce Street between W. 26`x' and W. 29'x' Avenues. The right-of-way for W. 28`x' Avenue was vacated in the 1950's and there is no other curb, gutter and sidewalk on the south side of W. 28`h Avenue between Pierce and Newland." Regardless of action to approve or deny the r-o-w dedications, the following can be approved with or without conditions relating to the requirement for right-of-way dedication. ACTION ITEM #3 TWO LOT MINOR SUBDIVISON WITH DEDICATION (This motion can be approved by a simple majority.) "I move to approve Resolution No. 05-2009, Case No. MS-08-01, a request for approval of a two-lot minor subdivision on property located at 2690 Pierce Street, for the following reasons: 1. All technical requirements of the subdivision regulations have been met. r~ With the following conditions: I. Five feet of right-of-way be dedicated for Pierce Street. 2. Ten feet of right-of-way be dedicated for W. 28th Avenue. 3. All typographical errors on the plat document be corrected. 4. Add the following case number to the case history box: WA-08-14. 5. The applicant shall enter into a Subdivision Improvement Agreement with financial guarantees to establish responsibilities for public improvements and payment of parkland dedication fees prior to the recordation of the plat." S "I Bapprove Resolution No. 05-2009, Case No. MS-08-01, a request for approval of a two-lot "I Vv'` minor subdivision on property located at 2690 Pierce Street, for the following reasons: 1 1. All technical requirements of the subdivision regulations have been met. With the following conditions: 1. All typographical errors on the plat document be corrected. 2. Add the following case number to the case history box: WA-08-14. 3. The payment of parkland dedication fees occur prior to the recordation of the plat." or, q "I move to deny Resolution No. 05-2009, Case No. MS-08-01, a request for approval of a two-lot minor subdivision on property located at 2690 Pierce Street, for the following reasons: r~ Report Initiated by: Meredith Reckert Report Prepared by: Meredith Reckert Report Reviewed by: Kenneth Johnstone, Gerald Dahl ATTACHMENTS: 1. Resolution No. 05, Series 2009 2. Planning Commission Staff Report 3. November 20, 2008 Planning Commission minutes 4. Graphic showing relationship of structures to new lot line 5. Subdivision Plat (2 sheets) CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 05 Series of 2009 TITLE: A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT KNOWN AS REINHART SUBDIVISION FOR PROPERTY LOCATED AT 2690 PIERCE STREET (CASE NOS. WA-08-14/MS-08-01) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of requests to subdivide land; and WHEREAS, an application has been received from Davis Reinhart for approval of a two-lot subdivision known as Reinhart Subdivision; and WHEREAS, the proposed subdivision has been referred out to all necessary internal and external referral agencies; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat Ridge Transcript on January 8, 2009. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE FINAL SUBDIVISION PLAT KNOWN AS REINHART SUBDIVISION IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. The final subdivision plat has been reviewed for consistency with applicable requirements of the Chapter 26 of the Wheat Ridge Code of Laws. 2. Properly noticed public hearings have been held before the Planning Commission and City Council. 3. The City Council has reviewed the facts and considered testimony and has rendered an approval motion for the request. With the following conditions: 1. Five feet of right-of-way be dedicated for Pierce Street. 2. Ten feet of right-of-way be dedicated for W. 28th Avenue. 3. All typographical errors on the plat document be corrected. 4. Add the following case number to the case history box: WA-08-14. 5. The applicant shall enter into a Subdivision Improvement Agreement with financial guarantees to establish responsibilities for public improvements and payment of parkland dedication fees prior to the recordation of the plat." A mm A OU-N4 V NT 1 DONE AND RESOLVED THIS 26th day of January 2009 Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk "t, bA4 ® City of ;rWh6at-.Rigge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: Nov. 20, 2008 CASE MANAGER: Meredith Reckert CASE NO. & NAME: Case Nos. WA-08-14/MS-08-O1/Reinhart ACTION REQUESTED: Approval of a two lot minor subdivision with variances to lot width and side setback with a request for waivers (variances) of right-of-way dedications LOCATION OF REQUEST: NAME & ADDRESS OF OWNER(S): 2690 Pierce Davis Reinhart 2690 Pierce Street Wheat Ridge, CO APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: ENTER INTO THE RECORD: .68 acres R-1, Residential-One Single family residence (X) ZONING ORDINANCE (X) CASE FILE AND PACKET MATERIALS (X) DIGITAL PRESENTATION (X) SUBDIVISION REGULATIONS Planning Commission Case ATTACHMENT 2 Case Noss. . WA WA--08-14/MS-08-O1/Reinhart Aerial with zoning overlay - -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. 1. REQUEST The property owner requests approval of a two lot minor subdivision on .68 acres of property located at 2690 Pierce Street. The property in question is zoned R-1, Residential-One. (Exhibit 1, applicant letter) The property is a corner lot with street frontages on Pierce Street and W. 28' Avenue. There are a single family residence constructed in 1940 and detached garage of the same vintage on the property. The property was platted as apart of Lot 2, Block 8 of Henderson's Subdivision Amended which was recorded with Jefferson County in 1884. At the time of platting Pierce Street was called out as Henderson Street and W. 28,b Avenue was identified as Park Street. (Exhibit 2, Henderson's Subdivision amended) There are no specific street widths designated on the plat document. Planning Commission 2 Case Nos. WA-08-14/MS-08-01/Reinhart The next subdivision activity occurs in 1954 which subdivided property to the east into four parcels (Exhibit 3, Moore-Ream Subdivision). The plat document references a 20' right-of-way vacation along the south side of W. 28`s Avenue. This vacation appears to have occurred in 1951. (Exhibit 4, right-of-way vacation resolution) A subsequent vacation occurred for 10' of right-of-way adjacent to the subject property in 1954 (Exhibit 5, right-of-way vacation resolution) R-1 zoned property abuts the parcel on the north, south and east. Property to the west, across Pierce Street, is zoned R-2. Adjacent land uses are predominately single family residences. In order for the subdivision to be approved as submitted, the following must occur in the order listed: 1. Granting of a variance to the minimum lot size with an associated sideyard setback variance for the garage. (A three fourths vote of the members present is needed to approve a variance.) If this request is approved, then the following can occur. 2. Approval of waivers or variances to the requirement for right-of-way dedications for Pierce and 28s' Avenue. (A three fourths vote of the members present is needed to approve a variance.) Regardless of recommendation, the following can occur: 3. Approval of a two lot minor subdivision either with or without right-of-way dedications. A two-lot minor subdivision would typically by reviewed by Planning Commission as the fmal authority except when there are right-of-way dedications or vacations involved. Planning Commission will be giving recommendations to City Council on all three components of this request. H. AGENCY REFERRALS The proposal was referred to all of the appropriate city departments and outside agencies. All responding agencies have indicated that they can serve the property and the applicant will bear the cost of installing improvements to the property. Wheat Ridge Public Works: Is requesting 5' of right-of-way along Pierce Street and 10' of right-of-way along W. 28s' Avenue. They are requesting that public improvements along both street frontages be constructed at the time of development of Lot 2. (Exhibit 6, Brossman memo) Wheat Ridge Sanitation District: Can serve the property from an 8" sanitary sewer line in Pierce Street. Planning Commission 3 Case Nos. WA-08-14tMS-08-O1/Reinhart Consolidated Mutual Water District: Can serve the property subject to rules and regulations of the district. Parks and Recreation Commission: The Parks and Recreation Commission is asking for fees in lieu of land dedication. M. SUBDIVISION DESIGN The plat will subdivide the property into two lots. (Exhibit 7, proposed plat) Lot 1 will contain the existing single family residence and the existing garage will be located on Lot 2 with the new parcel line running between the two existing structures. The R-1 zone district standards require a minimum lot size of 12,500 square feet of area with a lot width of 100'. Lot 1 on the proposed plat exceeds the standards of the R-1 zone district with 16,027 s.f. of lot size with 155.98 of lot width (measured along the Pierce Street side). Proposed Lot 2 exceeds the minimum lot size standard for the district at 13,371 s.£, however lot width which is measured at the 30' minimum front setback line is only 94', requiring a lot width variance of 6'. The new parcel line is somewhat irregular in order to accommodate the existing structures on the property. Attached is an exhibit showing the locations of the proposed structures and the resultant setbacks. (Exhibit 8, survey exhibit) Both the rear and side setbacks in the R-1 zone district are required to be 15'. With the proposed configuration, the house will have a 15.6' rear setback which is conforming, but the garage will only have a 10.7' side setback, thus requiring a variance of 4.3'. Another item of note is that the house and garage both have nonconforming setbacks from W. 28a' Avenue. As this lot line currently exists, a variance is not required; these are considered legal nonconforming setbacks. See chart below. Dev. Standard Required Dev. Standard provided Development Standard met? Lot width: 100' 155.98' Yes Lot Lot size: 12,500 s.f. 16,027 s.f. Yes 1 Setback from 286': 30' 27.4' No, but considered legal nonconforming Rear setback (east): 15' 15.6' Yes Lot Lot width: 100' 94.0' No (variance required) 2 Lot size: 12,500 s.f. 13,371 s.f. Yes Setback from 2e: 30' 20.2' No, but considered legal nonconforming Side setback (west): 15 10.7' No (variance required) It would be possible for the property to be subdivided without the need for variances; however, it would necessitate the removal of the existing garage. The applicant has provided rationale for the variances. (Exhibit 9, applicant responses to evaluation criteria) Planning Commission Case Nos. WA-08-14/1%4S-08-O1/Reinhart V. VARIANCE CRITERIA This is an area which has a variety of housing styles and construction dates. A cursory review of the existing parcel lines in the area reveal that there are many nonconformities to the R-1 development standards including lot widths and lot sizes. As an example, the property directly to the south has a nonconforming lot width of 76' but is over a half an acre in size. Much of the existing platting and development in the area occurred prior to incorporation of the City. A review of the land use atlas which tracks City land use case approval activity indicates that subsequent to incorporation, there have been numerous variances granted in the area including but not limited to front setback, side setback and rear setback variances. Staff has the following comments regarding the criteria used to evaluate a variance request. Because the variance requests are inter-related, they must be approved as a package; therefore, the variance requests will be evaluated together as one discussion item. In other words, Planning Commission can not deny the lot width variance and approve the garage side setback variance. Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: 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 is denied, the property may still receive a reasonable return in use. The existing single family residence may remain. However, in order to subdivide without variances, the existing garage would have to be demolished which may impact the character of the property. Staff concludes that this criterion has not been met. 2. The variance would not alter the essential character of the locality. If the requests are granted, the character of the locality would not be altered. There are numerous nonconforming lot widths and structure setbacks in the immediate vicinity. While the proposed lot width and garage side setback are slightly below the R-1 zone district standards, the lots and improvements will be consistent with the conditions of the surrounding neighborhood. Staff concludes that 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 project represents an investment in the community due to construction of a new single family residence. While the property could be subdivided without the variances, the property owner has strived to take advantage of the existing structures and character of the property. Demolition of the existing garage on the property would increase the Planning Commission Case Nos. WA-08-14/MS-08-O1/Reinhart amount of investment required with new construction which could be prohibitive to development of a home on the new parcel. Staff concludes 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. There are no unique conditions related to physical surrounding, shape or topographical conditions that create a hardship. The hardship has been created by the property owner who desires to keep the existing garage on the property while subdividing. Staff concludes that this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The difficulty has been created by the property owner by requesting a subdivision which does not meet the R-1 development standards. Staff concludes that this criterion has not 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 increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would be not injurious to the neighboring property or improvements. It would not hinder or impair use of adjacent property. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase congestion in the street due to the additional trips generated by an additional single family residence. There would be no impact on fire danger. The request may have a positive effect on property values. Staff concludes that this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are numerous nonconforming lot widths and setbacks in the immediate vicinity. Staff concludes that this criterion has been met. Planning Commission 6 Case Nos. WA-08-14/MS-08-O1/Reinhart 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Approval of the variances would not result in the accommodation of a person with disabilities. Staff concludes that 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. Low density residential development is not subject to the requirements of the Architectural and Site Design Manual. Staff concludes that this criterion is not applicable. VI. VARIANCE (WAIVER) OF RIGHT-OF-WAY DEDICATIONS When a subdivision is submitted to the city for review and approval, one of the assessments that occurs by the Public Works Department is whether the streets abutting the proposed subdivision meets the city standards for width and whether the construction of public improvements will be required. For residential subdivisions, if Public Works concludes that the public improvements should be installed now, a subdivision improvement agreement with a letter of credit for 125% of the cost of the improvements is required, as well as civil design documents detailing the construction. Construction of the public improvements would occur prior to the lots being developed. If it is determined that public improvements are not suitable for construction at this time, a development agreement with letter of credit for cost of the improvements is required for future installation. If street construction does not occur within ten years, the funds are released back to the property owner. Pierce Street is classified as a collector street, with a standard width of such as 60', or 30' from centerline. Pierce Street abutting the property is only 50' in width; therefore, Public Works is requiring the dedication of 5' of right-of-way. W. 28s' Avenue abutting the property is considered a local street which requires a total r- o-w width of 50'. Since 28th Avenue abutting the property has only 40' of width, Public Works is requesting a dedication of 10' for right-of-way. Staff would point out that Section 26-416.K. of the subdivision regulations allows a right-of-way width for local streets to be reduced to 40' through a variance process accompanying a subdivision request. Public Works has determined that they would like the construction of public improvements on both frontages to occur now. Planning Commission 7 Case Nos. WA-08-14/MS-08-O1/Reinhart The existence of public improvements (curb, gutter and sidewalk) vanes widely in this area. Pierce Street from 32nd Avenue to 26th Avenue has vertical curb, gutter and 5' sidewalk on the west side only. This portion of Pierce was constructed in 2000 as a capital improvements project. W. 28 Avenue has roll-over curb, gutter and sidewalk along portions of the north side of the street. There are no public improvements of any sort along the south side of the street. Vacations of the right-of-way along the south side of 28th Avenue previously occurred in the 1950's. The applicant objects to both the requirement for dedication and also the request for installation of public improvements or the requirement for an escrow agreement with funds for future improvements. (Exhibit 10, Applicant justification) Planning staff concurs with the requirement for dedication of right-of-way along Pierce Street. Pierce is one of the only collector streets which extends through the north-south expanse of the city from 26th Avenue north to W. 48th Avenue. It has an average weekday vehicle count of 4599 at the Pierce intersection with 28th Avenue with 5467 daily vehicle trips at the Pierce intersection with 35th Avenue. It has heavy pedestrian traffic by school aged children as a primary route to Jefferson High School at 22nd Avenue in Edgewater, Wheat Ridge Middle School at 38th and Upham and Sts. Peter and Paul school at Pierce and 40th Avenue. Public Works staff would like, at a minimum, the 28th Avenue right-of-way dedicated in the event of the need for future street and drainage improvements. Dedication of 10' for W. 28th Avenue would reduce the current lot size proposed for Lot 2 (13,371 s.£) down to 12,381 s.f. which reduces it below the minimum lot size of 12,500 s.f. Dedication of 10' along W. 28th Avenue also reduces the existing structure setbacks to 10.2' for the garage and 17' for the house. If Planning Commission recommends approval of the dedication along 28th Avenue, an additional variance to lot size must be advertized for the City Council public hearing. The impact of dedications for 28t' Avenue and Pierce would reduce the lot size for Lot 1 from 16,027 s.f. to 14,357 s.f. Staff has the following comments regarding the criteria used to evaluate a variance or waiver request. The proposed waivers will be evaluated separately as Request A (Pierce Street) and Request B (W. 28th Avenue) where appropriate. Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: 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. Requests A and B: If the requests for variances or waivers are denied, the property may still receive a reasonable return in use as the existing single family residence may remain. If the variances are denied, the dedications and construction of public improvements will be required. Planning Commission 8 Case Nos. WA-08-14/MS-08-O1/Reinhart Staff concludes that this criterion has not been met. 2. The variance would not alter the essential character of the locality. Request A: If dedication and construction are required along the Pierce frontage, this would be the only built portion along the east side between 26d' and 32"d Avenue. However, based on the amount of vehicular and pedestrian traffic on Pierce, staff feels the public welfare should take precedent over "the look" or character of the area. Request B.: If the request on 28d' Avenue is granted, the character of the locality would not be impacted. W. 28d' Avenue varies in total width from 40' on the west portion to 30' on the eastern portion. There are no public improvements along the south side and intermittent improvements along the north. There could be some argument that dedication and construction, or denial of the variance, could impact the visual look on the south side of the street. Many of the existing mature trees would need to be removed to accommodate dedication and public improvements installation. Staff concludes that 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. Requests A and B: The installation of curb, gutter and sidewalk costs around $60 per lineal foot. Dedication and construction of public improvements would increase the cost of the project construction by approximately $20,000. It is impossible for staff to ascertain whether development of Lot 2 would become prohibitive with this additional project cost. Staff concludes 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. Requests A and B: There are no unique conditions related to shape or topographical condition of the property that create a hardship necessitating a waiver of dedication and construction of improvements. The physical surroundings of the neighborhood are mixed as to the existence of public improvements. Staff concludes that this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Requests A and B: The difficulty has been created by the property owner by requesting a subdivision which does not meet the city standards for street design. Planning Commission 9 Case Nos. WA-08-14/MS-08-01/Reinhart Staff concludes that this criterion has not 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 increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Requests A and B: Approval of waivers to dedication and installation of public improvements could negatively impact the city's policy for protection of the public welfare with safe vehicular and pedestrian traffic routes. This is more critical for Pierce Street which is a collector than 28`s Avenue as a local street. Approval of the requests could negatively impact future congestion in the street and emergency response. The waivers would not hinder or impair use of adjacent property or the adequate supply of air and light. Staff concludes that this criterion has not been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Requests A and B: The existence of curb, gutter and sidewalk along both frontages is not consistent. These conditions are not unique to this property. Staff concludes that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Requests A and B: Denial of the variances and construction of a public sidewalk with a handicapped ramp at the intersection could accommodate a person with disabilities however, as there is no connection beyond the property lines, it is irrelevant. If future improvements were extended past the property, it would accommodate a physically challenged individual. Staff concludes that this criterion has not been met. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Staff concludes that this criterion is not applicable. Planning Commission 10 Case Nos. WA-08-14/MS-08-O1/Reinhart VHL STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the variance requests in compliance with the majority of the applicable review criteria, Staff recommends approval of the lot width and sideyard setback variances. Staff concurs with the Public Works staff that at a minimum, right-of-way should be dedicated for both Pierce and W. 281' Avenue. Because the technical requirements of the subdivision regulations have been met, Staff gives a recommendation of approval of the subdivision with the condition that right-of-way be dedicated per the Public Works recommendation. IX. RECOMMENDED MOTIONS VARIANCES TO LOT WIDTH AND SIDE SETBACK (A three-fourths vote of the members present is needed to approve a variance.) "I move to recommend approval of Case No. WA- 08-14, a request for approval of 6' lot width variance and a 4.3' side setback variance for Lot 2 of the proposed subdivision, for the following reasons: 1. Granting of the variance would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in the area, including several approved as variance requests by the Board of Adjustment. 3. Granting of the variance should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger." WAIVER OF RIGHT-OF-WAY DEDICATIONS (A three-fourths vote of the members present is needed to approve a waiver to street dedication requirements.) "I move to recommend denial of variances for street right-of-way dedications for Pierce and W. 280' Avenue in conjunction with Case No. MS-08-01, for the following reasons: 1. It is City policy to bring streets with insufficient right-of-way up to city standards. 2. It will further the future general health, safety and welfare of the city's streets." TWO LOT MINOR SUBDIVISON "I move to recommend approval of Case No. MS-08-01, a request for approval of a two- lot minor subdivision on property located at 2690 Pierce Street, for the following reasons: All technical requirements of the subdivision regulations have been met. With the following conditions: 1. Five feet of right-of-way be dedicated for Pierce Street. 2. Ten feet of right-of-way be dedicated for W. 28 h Avenue. 3. All typographical errors on the plat document be corrected. 4. Add the following case number to the case history box: WA-08-14." Planning Commission 11 Case Nos. WA-08-14/MS-08-O1/Reinhart edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, msPs PRINCIPAL dreinhatt@edificecm.com January 25, 2008 Community Development City of Wheat Ridge 7500 West 29t1i Ave. Wheat Ridge, Colorado 80033 Re: Minor Subdivision Plat 2690 Pierce Street Sirs, I intend to submit for a minor subdivision plat to divide my lot at 2690 Pierce Street into two platted lots. The request should facilitate a second single family lot. Thank you for your assistance in this matter. Sincerely, 5"), Davis B Reinhart MSPE 2a2~ EXHIBIT I AX} 10204 4 ~ rn, 7 LLJ k'Y 39bd voq 7 /IN //L r. V 'u 13 c I n 1 q ~ II tl k I_ tl ~ N I y ! yyy J ° I S .,v I V Q a 5 a I q II w I S W M ~ l a m i T_ r I M ~ I v • it li I - - - 14 k' I s ' I tt~~4~~h.~ h~ "w y ~Ry AA h Ai n o a. C4 II a ~tl: v N.,M1i'ht"e ..I a ti14,RaN~:a I # I u~rv3 ~ CS C =E h I ,v ~ ~ qlY71z?/Y *a Q' a'F"J ,F A> . /,al' wq.~iZ p~r..p~~ryry lea 4 I V\\ Ch ~yyU ~+6 w. Y ~ ~ .l y, S Y$ IVV.a``. 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'Ru.*re// ChrmbrrJ d rPys✓Ieird PrafPUiona/ Eny.nrr and Ls' ~ /ha p/al d' wa Jurrrya/ /n. fhe-Sfafe o~Co/oma'o des HPYnby cerhly IHa1 j , es _ - prapw, PrJOnJ ' fh Id d, Ns J*11 4,; l /pdrAfJ ea" dlf r* h h /01'3' 1 L) , ~ svrrry.o/c MOO PE-REAM B(1K01 M w... made by me snd under my :api a ` p / e Ju Pr✓/S/ay a4/ MI/ MfH>rP areu afr la fyr 6151o1my kmw/)? e . p ew rOYFydl ~ w/ w d O e/a:.giyy ✓eae/ #ov f/,/ Jjw"y 19941, d/ wh/rh kw /,#Pf rbd)// he a ~aatfra//y. 'te f 'wee'x of ri f d f h d f d f f - I W ~ rl' /e o, s'eres' P Jr Vn PTJ yes r P l o ed w yedr pe er en d MadO//ly a{ lf/P lair said evrensn/s srP IlIP/1 rHanye"I" rvhafe or/n pdr/ IT/a W >r' /rrld P e eJS/andJ Eny //F Y ayd ay" 5o refrr A/R .eS7. .L H. -reedliowll / "I "y of lbere (orenam1l by Tv, [nf ae IOarl OFdrr 54VIf I /5I - I C /y r(0 A';J/ affrrl "y of lfle a,*e 1JeaY./S s H Jba// epAv'e i* Ayfl /orl*P e c . - R P P.R O 1/ ef L.S _ I Srefe~/"-J`O• ~ ~i ~vPe~1 SuRJE'G P _ A - X - - 11+ 6 APP,POYeB hg1he JEFFE,PSOA/OC/ T'Y PEA+V / M C OM ll a1v MIJ /f day of :A: /95/1. I s / ~ - w i Sec/P dr lPPrrdH I Z5 I NWr/Lal2 II _ - COUNTY CGERK AND .PECOEDE~PS ACl'EPTANCE - - df IH a{f/re o/Ihe CLERX and REYBQDER of 'lj The fa(Pyo;erg, p/dl rs approved for f>firP,ys sad ronraydn<t o// - J' pub/ir Wd S YOdds, dAd J//ePfJ fHPiY4>J /J aCCPP/9d ~Jy ff(FI 660. Oa` la SW ra,:.,Se( 15-369 qq h_ _r Me conditaon d'Ha! '1A1ae Md /he r Cv. (au iyfofy Ihra ay a E; ~r+%.D 195 ofa/1y Sa j su"hJr fh ra she/! aerdrPJa¢e Hmviyfvnaare - P / ER ' c E S r,eE E r - ^W'r wdyy, Yaai.. of s/ied on/y a/fer rocs/rvrliae of sorb way has heoo - - - - - subdaridrrs - - -r saf/slarYkrlly co/ p/P1ed #.Y 'W .90A.P.D Of COUAI T y CO gM/S31OA1f e,5 - All F/rYk hdi!s¢aq - - Arrrple sr /ray ry e JEFFERSON CIX/NTf lhis2a: -,sy of ~bJ?~+•a~re-, 449. 1930 Aereobay Ala EXHIBIT 3 11/05/2008 13:54 FAl 303 271 8180 1 m~' :L v S, There appee Of record in Book 1 of Plate at Page 23 of the Clerk and Recorder of Jet3erson Comity, Colorado, the 'Amended Plat of Henderson's Subdivision', upon Which there is delineated a certain area designated u 'Park Street' lying between Blocks 7 and 8 of said subdivision; and yHUMAS, Said street has never been opened nor used for public travel; and WHEREAS, Improvements, ditches and fences are situate upon parts thereof; and WHEREAS, Harry F. Ream and Mary J. Reem, as owners of the North 92.3 feet of Lot 1, Block 8 of said subdivision, seek a formal vacation of the South 20 feet of such street adjacent to the north of their ..t property aforesaid; and F1 A WHEREAS, The vacation of said portion of roadway shall not leave ei no any land adjoining the same without an established road connecting such -,r y land with another established road, NOW, THEREFORE, BE IT RESOLVED, That the South 20 feet of Park O Street as delineated on the recorded Amended Plat of Henderson's Subdivisions in Book 1 of Plate at Page 23, which 20 feet is immediately north of and adjacent to the North 92.3 feet of Lot 1, Block 8 of said eubdivlaion, is hereby vacated, and all right, title or interest of the County of Jefferson State of Colorado, in and to such portion of roadway is hereby divested a pursuant to the provision of Chapter 217, 1949 Colorado Session Laws." 6h ~ ~ ~ -it EXHIBIT 4 11/05/2008 13:58 PAX 303 271 8180 So f3JEGT ,7.y^ 1004/004 - Recnrdad at 9. 1`~J~---Rabs~t lf---tlex_t-n, _Reooraer - - - - i. -593551.-0 - nooc o - - = - C£R'LZFI C0 - OF:RESQ1,9.T:10N WBEHEAB by @. plat of -Nendereon' a Amended Subdivlelon~ recorded in--slat Book - _ ereo7rQoantyreoords, certain streets, avenues and 1. Page 2.of= the Jeff s_,.@howa thee-eon-wee-e 4_d__loated_to the-p~YDT1c; -and _ - !`-WRFT{Ehee followindesonibed-aoztiolLoY Street Se no .,T p-=-= usatta public >_@nd- -WHE[lEA$ said-pcrtion of street lies entlra],y_, 8lthin the County--o2-3ePfereon i ne-t-within~_e--li'mi~e"6f any a1ty;T or tUrrn-, anti dose not form~the boundary eorL:a=cittowfror_-e_oaznt8-,•-end.,- WHEREAS no. land would, by a vacation -of-said •poition Af7 ereet an established public road connecting it. with another eatablished public road;-- and - -WHEREAS tTie Jefferson County --PlaanLng_. Comryiaeio=n T_iae ~lppravad--L~te-~regoae vacationof -said nortion•.of -street; NOW, THEREFOEE, BE IT RESOLVED by the Board --of---County_Commiseloners of Jef- ferson County, Colorado, pursuant to the-provisions of Chapter 217, 1949 Session Laws of Colorado that the following described -portion of street --situate In the County of Jefferson, and State of Colorado, beand -St Se. - hereby- vacated sub3ect to a reservation of easements -ror the continued use of existing sewer, gas, water or similar pipe--lines and eppurtenances., exI64 ' Ing ditch e e andeopurtenances, existing electric, telephone and.:s1m11ar lines and appurtenances, if any: - - The South 10 feet of the"Wa'st 775feet of Park Street - - as delineated on the Amended Plat-of Honderson's-.Amended _ y _ Subdivision. ' - - ~7 :9 &TwTFr OF COLOR:,DO aq. -COtIHTY OF .,TEE'-E'cRSON~T-= :I,. Robert W.-Rsrton County Clerk and 'Recorder and clerk-7 to-the Board of County.. Commissioners oertify that :the above. is. a - j of-a;reeoUZti.on eased at the regular me_ating oP:--the Soard aT Coun y. omm as - e3:d=`on-iWtCrtftl-t'3~ 195. Rpeara on reeard-la-"the-Ninul.e Bo6k EXHIBIT 5 City of " Wheat RidJge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: October 27, 2008 SUBJECT: MS-08-01/ Reinhart Subdivision I have completed the third review of the Final Plat for the proposed Reinhart Subdivision located at 2690 Pierce Street received on October 17, 2008, and I have the following comments: 1. At only 50.00' in width, the portion of Pierce Street Right-of-Way across frontage of this property is substandard for a collector street, and should be upgraded to the standard width of 60.00`. This increase of Right-of-Way is necessary to allow for proper roadway construction and maintenance for the corridor. Portions of the existing Pierce St. ROW in the vicinity of the subject property are already the standard 60' in width. Therefore, Public Works will not approve the plat without the 5.00' of needed ROW dedication along the Pierce street frontage. 2. Public Works recommends that 10.00' of ROW also be obtained along the W. 28°i Avenue frontage to bring this street ROW up to current standards as well. 3. PW acknowledges the applicant's position regarding the dedication of Right-of-Way for this property and the argument he's made regarding the dedication along the W. 28°i Avenue frontage. The fact that 10.00' of ROW has been previously vacated along this frontage may be a valid point. However in an effort to be forward thinking, PW still must recommend that 10' of ROW be dedicated so that (if necessary) the street can be properly constructed. 4. In addition, if Right-of-Way is obtained along either the Pierce Street or W. 28°i Avenue frontages, PW also highly recommends the dedication of a small area at the NW comer (at the intersection of the Pierce Street and W. 28d' Avenue Rights-of-Way). The area includes a curve having a 15.0' radius, and is necessary to allow for proper construction and maintenance of the federally mandated ADA ramps required at the intersection. 5. All previous comments have been addressed with the exception of the above-mentioned Right- of-Way dedications. Public Works finds the Final Plat to be approvable if the Right-of-Way dedication(s) were to be made a Condition of Approval before Planning Commission and City Council. 6. Please keep in mind that the following items will need to be submitted prior to recordation of the Mylar© with the County: a. Civil engineering plans showing a plan & profile for the curb, gutter, and sidewalk to be constructed across the two street frontages b. An itemized engineer's cost estimate for the above-mentioned public improvements. c. A Subdivision Improvement Agreement. d. A Performance Guarantee (Letter of Credit) in the amount of 125% of the approved, itemized cost estimate. OR 7. A Development Covenant restricting the sale or development of any part of the subdivision until such time as the above-mentioned items a through d have been submitted for review and approval. EXHIBIT 6 R<inhan S,,bdivis'inn-approval hrdoc d 3 b. aY9 tl£ Q a°. `'S 8 51 .R., qqG£ 2z z€' k €a eb":ey s'.q a e l UP 3tl a; & 65 otla$w ae~ ga as s, @a~&s~~ ¢=x ?•saez gR...333 a . - $ya < sgzg~ .,wa~b €ii . 4~ eao`~aa~ b a gyp; ¢ x "a:` 237'°" ~9b -10P aiq Bxy : '~.s a$a~ tla M51'. aF apa an " sz~ b pbga€ IMI wag a: snail, SUP xa fo 3 3 1a wig thl R .N111. ass M1 11 No psi Ph 1; ON- B i bb b G : 33 011 P: 6Y'~ 8 sd a n§ v[ar 8183iT a { `F=a g ag .a Egg 14, s@ 3es € a 9 'sang e i UN ago JaZ~4ay 9 aa^ a°~a ~s~ ~F8 b e ~ ®~a` s g p ` ~k`Le s$~45 .Y~a ff.a~€ ~'x: e d ~ sxa6 Ins x a t m m° L z m34 _ mO` 0 H a ~ 5 a yaw aby ° ym ag € a ° $ w O m V f = °N-ON3 N O I .g d fig J N4 o x a 6 FJy C i i 5 17 0'= 3V I 1819 f_1 ~o I xa, W m T b.•7 6 3Ge» ~ ~ m c `s„ ° c v ijgpi aa?: sa a & B ; eN 6-+---- m"ivrm nxvrel y at m gg - - - - as ~ w"x 3 Y m o J ° o BhV $ xx a ~b..G~ a tl i F- n b. gaze b~gzZ a B$$2€ a° 6p; $a B '6NCp 'sz~E idn lei Yi9srioo ~..H Y< 6p§ of NON; 41 „V s [ € 8s`aa "sib € ~ $a€g~ge ~ u, Gs: ae ~ l a o ~ 3€@~, sgt 3sl:C~y s ~ o°s~a~' ba'a ax~' ~'4= ~ w NP 'hs.~ga'cs 9 3 -x sg I NY M u a " ~~"a'€2a t €a~F 3° §psb a° y s 5 IRIND, z sa£aga ~ aay;` a.y g ga a g §wsN ais ~b~38s z Sh o^ x~ s~ 3 X34"€ - :a g as"€ac @.xa&i§": c€s a }_ea a€oosRayy~° a 'sa.a d "Feaa~ ea ~ ~ ° g aaea@a " East b I W2 y ~e zb c aeCg?dtlowr ° 11,111 €e bdu :s $°se~3asseae e b . ¢zia° 9.bx~e€C g °x a? OR c 9' a 1 & Ms "F°af it ° ss 's °so . o € s O s rvv I- ~aM ~ ~ O< ~ 7av ~IC7 ~1C7 I~~~~CC ~C~ _IL I JONJ~^ II an n , II Cr~ CJ I (rr LJQL~~® lI~~I~ I~ L-.- LJ C~_u~I~n~ ~~LJLI II s ~a ~ IIJ ❑ is as S o ~ 0 M EXHIBIT 7 i t s 'I a a a cl °a ° k F IsI _ ° isI g pert I ~ ~da&8 ° °6 a I a U k98' ~ ~..I e @' J a" 998 2 3 4 1 9 . ~ - E n° n I~ 5 g~R a ~ C 3bz I r: i +oiO G G L _ SURVEY EXHIBIT f ' PROPO SED W. 28TH AVE. 10' UTLITY EASEM ENT (40' R.O.W ) PROPOSED LAND USE . EASEMENT N89'39'34" E 188.47' A.M (188. 00' REC.) 89.00' / 99.47' " ' ':DRIIiE n, - - - -I v ~ ILL] I WA.Y ^ I 15..x' ' co o I ' rn I I i ~ tj N HOUSE FENCE GARAGE - I in f /5G CD 04 I I Z F- 1_7" - ' LLJ ¢ W ' I j PA TO I w m l C:f L 00 c 00 ~I ~I PROPOSED o ~ -00 ~I el dI LOT2 N w U o `Lo f al of 13,371 S.F 00 C) N DECK 0.31 ACRES m ° w ' Z n PROPOSED LOT 1 I 16 027 S F PROPOSED 00 , . FENCE I I 0 37 ACRES f LOT LINE r ! . I 1 PLANTERS o (V PROPOSED - L °o I 5' UTILITY EASEMENT wl I z : PROPOSED I 00! I 10' UTILTIY EASEMENT ' -`N' ° I I I ' I I ° °1 ~ I I i F j c-) 108.00' 80.47' 188.47' 30 0 30 60 PLAN SCALE: 1"=30' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED P:%02 1z12LLDD-071212%SURVEY\SURVEY-EXHIDITOWD LAYOUT: LAYOUTI LAND SURVEY. IT IS INTENDED TO DEPICT ONLY THE . iHU 0112G/08 6:0616P BY: DAVE 5<HflEFFLER LOCATION OF THE STRUCTURES. REVISIONS: 10. DESCRIPTION DATE 1ARRIS KocHER S IvIITH oE .+oe OEs I ONON D ; SURVEY EXHIBIT EXHTDIT 1D 1 . . . "p`°' 1 1391 Speer Blvd - 390 IG CHECKES doe NoUp: 20 D¢nV¢r. C01OlDCD 80 80204 SHEET No. Phone (303) 623-6300 1 Fax (303) 623-6311 i OF 1 edifice Nov. 4, 2008 Davis R. Reinhart, maps PRINCIPAL dre i n bart®ed i ficecm. com Meredith Reckert Community Development City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, Colorado 80033 Re: Minor Subdivision Plat 2690 Pierce Street Dear Ms. Reckert, I have received your plat comments Dated March 18, 2008 as well as the attached correspondence from Wheat Ridge Public Works, Wheat Ridge Sanitation and Consolidated Water. My responses follow: Letter from Wheat Ridge Community Development: Comments I through 6 have been addressed in the attached revised submission. Comments #7 and 8 - "Please show a five foot wide right-of way dedication for Pierce Street and Designate it as being designated by this plat". And "Please show a 10 foot wide right-of way dedication for 28th Ave and designate it as being dedicated by this plat. The Applicant makes the Following 4 Variance Requests: I &c Ill 5' Variance from required 100 ft R-1 Lot width on Lot on 2e Ave. and Variance from the Side set back variance for the existing garage on lot 2 General Comments It is possible to construct 2 fully conforming lots on the existing property. To do so would require the demolition of the existing garage and/or trimming the existing house. The existing garage is brick matches architecturally the adjoining structure. Prior to making the submission the applicant met with the planning department who suggested the alternative shown on the plat. No public benefit was perceived in the removal of the garage and damage to the structure. It is of additional note that a prior to the applicant's purchase of the property was illegally subdivided carving 40 ft. off the east side of the lot reducing the frontage from 228 to 188% This is being used as a drive entrance to the back of the adjoining property. From the street the Lot 2 appears to be 145 feet wide. EXHIBIT 9 edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis R. Reinhart, mars PRINCIPAL droinhart@edificecm.com A fully conforming lot requires demolition of the garage and/or removing 2 back of house IVV.Y/ ry.M ~.vv.vv r- - -y -I I 1 dk,-j, I Hausr AW I fit ' 1 i rAno ~I v~S l I DECK PROPOSED LOT 1 18,027 S.F 0.37 ACRES t PROPOSED 5' UTILITY EASEMENT r~WWAr5'~, PROPOSE D LOT 2 3.371 S.F 31 ACRES t ft- PLAN7£RS i edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis H. Reinhart, Meer PRINCIPAL dreinhart@edificecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property Is large enough for 2 complying lots. It is consistent with the goals of the NAS to encourage building modern single family homes in the current neighborhoods. Creating this sub-division without a variance requires the removal of the garage andlor removal of the west most corner of the existing brick house. These costs likely preclude reinvestment in the property. B. The variance would not alter the essential character of the locality. The existing house and garage are all brick and are a traditional architecture. The removal and replacement of the garage and replacing the end gable would not be consistent with the current character of the house and the neighborhood. In addition, this activity is likely to damage the existing mature vegetation. The variance does not alter but preserves the neighborhood character. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Removal of garage and reconstruction of the house represent a prohibitive cost to development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. The existing structures the are inclose proximity to the logical property boundary. Strict conformance with the zoning setbackfor the existing structures the hardship having to demolish the existing garage and mod6 the house. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. This unique problem was created when previous owners cut a sliver parcel off the west end of the lot. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. edif lice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, SEWN PRINCIPAL drelnhart®edif fcee m.COm G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. The unusual circumstance is unique to this lot however the H. Granting the variance would be a reasonable accommodation to a person with disabilities. Non applicable I. The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on this subject. edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis R. Reinhart, mses PRINCIPAL dreinhart@editicecm.com IM Dedication of 5' of Right of Wav on Pierce St. General Comments Pierce Street is a completed roadway. It has full built out street lanes with an open street section on the cast side of Pierce from 2e Ave to beyond 32 Ave. It is in a fully developed neighborhood with no growth possible to lead to higher traffic flows. The semi-rural open section frontage is considered a plus by many in the neighborhood. There is neither Wheat Ridge Planning Department nor Wheat Ridge Public works plans to change the essential character of the street. If this variance is denied, the right of way on this property will not match the remaining properties on Pierce Street. If improvements were to be made the wood fence and all the mature trees would have to be removed. Finally the imposition of right of way dedication on Piece Street will aggravate the lot frontage problem on 28d Ave by narrowing the frontage to 183 ft. Mature Trees alone the fence line on Pierce Street EXHIBIT 10 edifice CONSTRUCnON AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, rises PRINCIPAL dreinhartledif icecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property in question can yield a reasonable return without this variance B. The variance would not alter the essential character of the locality. The variance preserves the existing character of the neighborhood. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Not granting of the variance would impose an unnecessary burden on the development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. There is no unique physical condition on the site. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Not Applicable. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. If the variance is denied it this property will have doerent configuration than all the other properties on the east side of Pierce Street between 26Th H. Granting the variance would be a reasonable accommodation to a person with disabilities. Not applicable Z The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on the issue educe CDNSTRUCTIDN AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, maps PRINCIPAL drainhayt@edlflcecm.com IV) Dedication of 10' of Rieht of Way on 281h Ave General Comments 2e Ave. is a completed roadway. It has fidl built out street lanes. 2e Ave is only 2 long. Most of the street, including the entire southern edge, is has an open street section There is neither Planning Department nor Public works plans to change the essential character of the street. The semi-rural open section frontage is considered a plus by many in the neighborhood. If this variance is denied, the right of way on this property will not match the remaining properties on the street. The new house will be built with a different set back from the rest of the houses on the street. Finally, the city vacated the right of way in question prior in recognition that the right of way served no public purpose. There has been no change in circumstances since to justify forced taking of the property as a part of the plat process. edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis U. Reinhart, mere PRINCIPAL droinhart@edificecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property in question can yield a reasonable return without this variance B. The variance would not alter the essential character of the locality. The variance preserves the existing character of the neighborhood. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Not granting of the variance would impose an unnecessary burden on the development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. There is no unique physical condition on the site. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Not Applicable. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. Failure to grant the variance will mean that this property is does not match set backs or street section with the rest of the street. G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. All of the properties on the east side of Pierce Street have this condition. Ifthe variance is denied it this property will have different configuration than all the other properties on the east side of Pierce Street between 26th H. Granting the variance would be a reasonable accommodation to a person with disabilities. Not applicable I. The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design mamial is silent on the issue edfflice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, ATNPs PRINCIPAL dreinhart@ediflcecm.com Please let me know if there is anything more I can do to move the process forward. Thank you for your assistance in this matter. Sincerely, Davis B Reinhart MSPE ♦6 Ae City of ~WheatRidge PLANNING COMMISSION Minutes of Meeting November 20, 2008 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`" Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers John Dwyer Dick Matthews Jerry Scezney Kim Stewart Commission Members Absent: Davis Reinhart Steve Timms Staff Members Present: Meredith Reckert, Senior Planner Tim Paranto, Public Works Director Ann Lazzeri, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner STEWART and seconded by Commissioner MATTHEWS to approve the agenda as presented. The motion passed unanimously. 5. APPROVAL OF MINUTES - October 16, 2008 It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to approve the minutes of October 16, 2008 as presented. The motion passed with 5-0 with Commissioner SCEZNEY abstaining and Commissioners TIMMS and REINHART absent. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to address the Commission at this time. Planning Commission Minutes November 20, 2008 ATTACHMENT 3 7. PUBLIC HEARING A. Case No's. MS-08-01 and WA-08-14: An application filed by Davis Reinhart for approval of (A) a 2-lot minor subdivision plat with a lot width variance and a side yard setback variance for an existing garage and (B) a waiver of street dedication requirements for property zoned Residential- One and located at 2690 Pierce Street. The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons, and with conditions, outlined in the staff report. Commissioner DWYER asked if setbacks for the existing structures would become nonconforming if right-of-ways and improvements are made. Ms. Reckert replied that setbacks would be reduced on both existing structures; however, because it would be a city acquisition, variances would not be required. In reply to a question from Commissioner BRINKMAN, Tim Paranto explained that current city policy allows the city to acquire right-of-way parcels as they become available. This property would represent the first improvements to the east side of Pierce Street and the south side of West 28a` Avenue. Commissioner BRINKMAN asked if this area had been identified as having critical drainage issues. Mr. Paranto explained that it was not. The installation of curb, gutter and sidewalk was being required because it is standard and there is existing curb, gutter and sidewalk on the west side of the street. Ms. Reckert explained that whenever a property is subdivided, the city requires the developer to build improvements at the time of subdivision or place money in escrow for future improvements. For residential properties, the escrow would be returned after a period of ten years if no city project occurs. In response to a question from Commissioner BRINKMAN, Mr. Paranto stated that periodic traffic counts have not shown a significant change in traffic on Pierce Street in this area. Marcus Pachner Mr. Pachner, representing the applicant, read the following statement from Davis Reinhart into the record: Dear Commissioners: I regret not to be presenting my project to you tonight. While 1 have complete faith in the Planning Commission's objectivity, stafffelt my presence may unduly influence you or at least create the appearance of undue Planning Commission Minutes 2 November 20, 2008 influence. I believe I am putting forth a project that is consistent with good planning and the goals of the City of neat Ridge as stated in the Neighborhood Revitalization Strategy. I am disappointed that I was unable to come to an agreement with staff on how this plat should move forward. Mr. Pachner referred to a question from Commissioner MATTHEWS, and explained that the small lot to the east of the property was an illegal subdivision done by a previous owner long before Mr. Reinhart purchased the property. He asked the Commission to consider that the required right-of-way dedication would cause the removal of many mature trees to be replaced with sidewalk, curb and gutter. Removal of the trees would not only affect the subject property but the character of the entire neighborhood. Mr. Reinhart met with Travis Crane of the Planning Department before he purchased the property in 2005. Staff agreed at that time that the lot split would be conforming but a variance would be required to keep the garage in its location on the second lot. He stated that there would be no benefit to the public to remove a solid brick garage. He did not believe the right-of-way dedications were necessary because both streets are in full operation with correct number of lanes and capacity. The widened right-of-way would result in inconsistent setbacks and there are no community plans for improvements in this area. He also noted that, in the past, there was no need for the right-of-way on 28 h Avenue and was therefore vacated. Staff is now requesting that the vacation be rescinded and ten feet be granted for right-of-way dedication. Since 28a' Avenue is only 750 feet in length, the character of the entire block would be changed by installing curb, gutter and sidewalk along the subject property. Regarding the request for a detached sidewalk on Pierce Street, it would be inconsistent because there are no detached sidewalks along the entirety of Pierce Street. The nearest sidewalk on the east side of Pierce Street is six blocks away from the subject property. Mr. Pachner stated that the cost to bond the improvements would be approximately $20,000. This cost in addition to other costs such as park dedication, surveys, etc., would make this project cost prohibitive. The ten year escrow request seems to be unreasonable because there are no plans to improve 28a' Avenue or Pierce. He stated that the applicant is very sensitive to public safety but it is difficult to understand how installation of a detached sidewalk on Pierce along this one property would create safer passage along the street. Mr. Pachner concluded by stating his belief that the requirements for a variance request have been met and should be granted. He also requested approval of the plat without conditions. Ms. Reckert advised the Commission that it would be appropriate to consider the right-of-way dedications in separate motions. Planning Commission Minutes 3 November 20, 2008 Mr. Pachner commented that if the sidewalk were to abut the trees on Pierce Street, the trees would most likely not survive. Commissioner CHILVERS commented that the long term value of the trees would be determined by the species of the trees and their condition. In response to a question from Commissioner DWYER, Mr. Pachner explained that the garage could be kept with a side setback variance and there would still be space to build a primary structure on the lot. Ms. Reckert commented that without a variance for the garage, the rear setback of the existing house would be affected. In response to a question from Commissioner BRINKMAN, Ms. Reckert explained that a sediment control plan would be necessary whether or not curb and gutter is installed. It would be required when the lot is developed to prevent erosion into adjacent properties. In response to a question from Commissioner BRINKMAN, Mr. Pachner stated that he did not know if there were drainage issues on the site. Chair BRINKMAN asked to hear from members of the public. Scott Ernest 2670 Pierce Street Mr. Ernest stated that he owns the house directly to south of proposed variance. He stated his opposition to the variance because the lot could be subdivided without it. Jean Hughes 2800 Pierce Ms. Hughes stated her opposition to the application. Walter Kelleigh 6680 West 28th Mr. Kelleigh questioned the necessity of installing curb and gutter along 28a' Avenue. Mr. Paranto explained that the city has a policy to ultimately have sidewalks on all streets, including West 28 . Because the property is requesting a land use approval at this time, it is an opportunity for the city to acquire right-of- way for future sidewalk installation. Donna Hartley 6710 West 28t Avenue Ms. Hartley expressed her opposition to the variance and the installation of curb and gutter which would cause the removal of so many trees. Removal of the trees would destroy the character of the neighborhood. She also noted that there is no Planning Commission Minutes 4 November 20, 2008 traffic on 28th other than from the residents on the street. She was opposed to a patchwork of sidewalks, curb and gutter. Lester Hartley 6710 West 28th Avenue Mr. Hartley stated his opposition to the installation of curbs and gutters. He lives directly east of the applicant and had no concern with what the applicant builds. His concern centered around the effect of curb and gutter on 28th Avenue and the subsequent removal of mature trees. He stated the only place there has ever been a water problem is where curbs and gutter are in place on the north side of 28t' Avenue. Cliff Selby 2785 Pierce Mr. Selby stated his opposition to the application. He expressed concern about the removal of mature trees. His property has been in his family for many years and there has never been a drainage problem in the front of the property. He suggested that the lot should be conforming which would eliminate the variance problem. He did not believe the garage had that much value. Commissioner DWYER asked if Mr. Selby would be satisfied with subdividing the property if the right-of-way requirements were not granted. Mr. Selby replied that he would not be entirely satisfied because he felt the lot should be conforming. He believed a garage would cause problems in designing a house around it. Marcus Pachner Mr. Pachner returned to the podium to explain that a variance will be required either for the house setback or the garage setback. He also commented that the applicant has worked closely with staff to formulate his plan. Chair BRINKMAN asked if there were others present who wished to address the commission. Hearing no response, she closed the public hearing. Commissioner MATTHEWS stated that he was in favor of the right-of-way dedication along Pierce but not along 28th Avenue. He was also conflicted about having an uneven lot line in order to accommodate a building that may or may not be saved. Commissioner STEWART commented that much of Pierce Street does not have curb, gutter and sidewalk so she doesn't see the pressing need for one along the subject property. She was not in favor of the dedication on 28`h Avenue. The city would always have the right to install sidewalks at some time in the future. She also favored a straight property line division. Planning Commission Minutes 5 November 20, 2008 It was moved by Commissioner DWYER and seconded by Commissioner SCEZNEY to recommend approval of Case No. WA-08-14, a request for approval of a 6-foot lot width variance and a 4.3-foot side setback variance for Lot 2 of the proposed subdivision, for the following reasons: 1. Granting of the variance would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in the area, including several approved as variance requests by the Board of Adjustment. 3. Granting of the variance should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger. A request for variance requires a super majority of five affirmative votes for approval. Therefore, the motion failed by a vote of 4 to 2 with Commissioners STEWART and CHILVERS voting no. Since the variance request was denied, the right-of-way dedications and subdivision plat could not be considered. (The meeting was recessed from 8:45 p.m. to 8:50 p.m.) B. Case No. ZOA-08-05: An ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control. The case was presented by Meredith Reckert and Tim Paranto. Coors recently completed stream overflow improvements to the Clear Creek railroad bridge east of McIntyre which has modified the floodplain downstream. Therefore the Clear Creek Flood Hazard Area Delineation should be modified to reflect those changes. It was moved by Commissioner SCEZNEY and seconded by Commissioner STEWART that Case No. ZOA-08-05, a proposed amendment to Section 26- 803.G of Article VIII, Floodplain Control, of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The proposed legislation adopts the new study. 2. It will allow the City to administer activities within the correct floodplain boundaries. The motion passed 6-0 with Commissioners TIMMS and REINHART absent. Planning Commission Minutes 6 November 20, 2008 SURVEY EXHIBIT 1- I PROPOSED !10' UTLITY EASEMENT W. 28TH AVE. (40' R.O.W.) , N89'39'34"E 89.00' C-) v a ; I b i I 15. r. "I N I HOUSE FENCE ~ N v I 15. ~ I Z F- i ~ 1 T T QI W I PAT/O 0, 3: mI ~ O ~ L w I w 3~: U) ° 00 w rn 2 [if U-) l e I N O U O I DECK al co ly- o PROPOSED z LOT 1 I 16,027 S.F m I FENCE cv 0.37 ACRES t of PROPOSED 0 I 5' UTILITY EASEMENT 0 PROPOSED I 10' UTILTIY EASEMENT I I I i I I I I _-J 108.00' S89'39'34"W PROPOSED LAND USE EASEMENT ORJIiE GARAGE 188.47' A.M (188.00' RE 99.47' N 100 uo Lo i Iw i 00 PROPOSED I o LOT 2 I o oll 13,371 S.F o 0.31 ACRES f U) I PROPOSED LOT LIME PLANTER S I I 1= 80.47' 188.4 30 0 30 60 I PLAN SCALE: 1 "=30' NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED TO DEPICT ONLY THE LOCATION OF THE STRUCTURES. ATTACHMENT 4 ~l RIS KOCFIER SMITH DATE: pl-21-m DescN:Ors ~.ne .v.v.v GNECKEOa:p ' JOB NO.p)I313 Speer Blvd. - Suite 390 . C-I-,. o 80(04 SHEET NO- hone (303) 623-6300 Fox (303 623-6311 P:\071112\LOO-071212\SURVEY\SURVEY-EXHIBITOWG LAYOUT: LAYOUTI ATTACHMENT 5 D W. 32ND AVE A Re-Plat of a portion of Lot 2, Block 8, Amended Plat H Located in the Southwest 1/4 of Secition 25, Township 3 Sauth, R City of Wheat Ridge, County of Jefferson, State V 4 / g O a ho ~ D 1 m ~ ~ J = w] ~ W. 29TH AVE Sheet 1 of 1 i} i1 POWT #16809 F. S WW1 D WEST ~ CORNER OF SECTION 25, _ ~"~ld Iftd~ 9 /i d l lfA !"`tl r ` o T.3S., R.69W., 6TH P.M. J 1 t FOUND 3 1 /4" BRASS CAP IN RANGE BOk; ii_ PROJECT Z ~~f U~ Q SITE Q . STAMPED: PLS 32429 } NORTHING: 703180.19 EASTING:121095.9~6 1 ~ ~ W. 2 6TH A VE r~ UUUU= U .2~ 2E'~38,, w ~nn~ ~c~ 620 ~ F ,~o i w W. 24TH AVE ~~c~ `a,~~'_ i ~n~ _~m ~ , W. 22ND AVE i BOUNDARY CORNE BOUNDARY CORNER NO. l ~ ~ w FND. lRON P/N _°z..- ~ SEE DETAlL 'A" W• 28TH AVE. ~ W/ CAP STAMPED: ~ ~~~0~ R.O.W. "LANE ENG SRV /N N89'39'S~~„E 188.47' A.M 1 VICINITY MAP L.~. - SCALE: 1 "=1000' OWNERSHIP CERTIFICATE: 89.00' 99.~~7' 39.00' I, DAVIS REINHART, BEING OWNER(S) OF REAL PROPERTY CONTAINING 0.68 ACRES ~ Q w I S09'S2'44"E-~ ' ~ - ~ ~ ~ 27.$7' DESCRIBED AS FOLLOWS: ■ ~ ~ ~ 10 JTUTY EASEMENT ~ THE NORTH ONE-HALF OF LOT 2, BLOCK 8, AMENDED PLAT OF HENDERSON'S ~ d°. I 10' UTLITY EASEMENT SUBDIVISION, EXCEPT THE EAST 187 FEET, AND EXCEPT THE SOUTH 6.5 FEET OF THE NORTH ONE-HALF, TOGETHER WITH THAT ADJOINING VACATED PORTION OF PARK STREET, CITY OF WHEAT RIDGE> JEFFERSON COUNTY, STATE OF COLORADO. z N~ ~ S00'2o'09"E- ~ L- T~ HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF REINHART SUBDIVISION, A SUBDIVISION OF m ~ W 3 I 25.06' L ~ ( a APART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO ~ ~ ~ ~ ~ N89'39~~~3"E ~ 13LOT 2 I ~ z ~ ~ ~ ,3 S F ~ o 0 DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR i MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATIGN, ~ ~ o ~ D `n ~ 14.38 ~ of 0.31 ACRES f ° I- Q N W v ~ ~ LOT 1 I `-I c m ° - 16,027 S.F I 0° f i MAINTENANCE, REPAIR ANO REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS o a. ~ LOT LINE HEREBY I ,`r o ~ ~ z ~ ~ 0.37 ACRES ~ I I CREATED BY THIS PLAT ~ ~ ~ ¢ NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY SEWER LINES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES THERETO. I O i U IILI I T tHJtMtIV I ( w ~ O~ 5 UTILITY EASEP~IENT ~ ~ ~ ~ W P t f 1 t t"" /"l T R'"Y 1 !"'°a d°\ P i i s®1 1 A )9 +Y"4 ! l a ~ ~+~r sum a ~ a+•~ f~ 1 9 !i Vi 9 _j, r OWNER: z ~ w~ 10' UTILTIY EASEMENT-►~ o ~ z ~ ~ T~'n~_--Cnn~r n'1 tit€nc ~ n ~c~w~~i-r~ n ac ~_~cc~r-nv nn n ~,°t-cn DAVIS REINHART 2690 PIERCE STREET 10' UTILTIY EASEMENT ~ I o rL WHEAT RIDGE, CO 80214 ~ ~ ~ cn o (303) 433-5416 a ~ } ~ ~ 10' UTLITY EASEh~ENT ! X01 r- 10' UTLITY EASEMENT ~ ~ 1 ~ N STATE OF COLORADO ~ N89'39'51"E L--------------- { S.S. 25.00' " BOUNDARY CORNER N0. 4 108.00' 80.47' COUNTY OF JEFFERSON ~ SEE DETAIL 'B" S89°39'53"W 188.47' 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D., 20 BY a t ~ POINT OF BEGINNING 6.5' BOUNDARY SOUTH LINE OF THE SEE D NORTH HALF OF LOT 2 u; WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC PART OF ~ ~ `r~° LOT 2, BLOCK 8, AMENDED PLAT LEGAL DESCRIPTION: ~ ~ HENDERSON'S SUBDIVISION P A PARCEL OF LAND BEING THE NORTH ONE-HALF OF LOT 2, BLOCK 8, AMENDED PLAT ~ ~ ~ FND. IRON PIN R-1 ZONING OF HENDERSON'S SUBDIVISION AS RECORDED IN BOOK 1, PAGE 23 IN THE RECORDS OF ~ ~ W/ CAP STAMPED: THE JEFFERSON COUNTY CLERK AND RECORD'S OFFICE, EXCEPT THE EAST 187 FEET, I "LANE ENG SRV INC 16837" J _ ` AND EXCEPT THE SOUTH 6.5 FEET OF THE NORTH ONE-HALF, TOGETHER WITH THAT ADJOINING VACATED PORTION OF PARK STREET, SITUATED IN THE SOUTHWEST QUARTER t OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL SOUTH LINE ~OF THE NORTH H I OF SOUTH HALF OF J S MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO. i BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: ~ LOT 2, BLOCK 8, AMENDED PLAT OF HENDERSOf I COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 25, THENCE NORTH 00°20'09" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A I ~ DISTANCE OF 488.94 FEET. THENCE NORTH 89°39'51" EAST, A DISTANCE OF 25.00 I ~ FEET TO A POINT ON THE WEST LINE OF THE NORTH HALF OF SAID LOT 2, SAID POINT ~ H ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00°20'09" WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE I OF 155.98 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 28TH AVENUE; THENCE NORTH 89°39'53" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE t i OF 188.47 FEET; i f 1 THENCE SOUTH 00°20'09" EAST, A DISTANCE OF 155.98 FEET; i THENCE SOUTH 89°39'53" WEST, ALONG A LINE PARALLEL WITH AND 6.5 FEET NORTH POINT OF COMMENCEMENT OF THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 2, A DISTANCE OF 188.47 POINT #16881 BOUNDARY CORNER CITY OF WHE r ~ i FEET TO THE POINT OF BEGINNING; SOUTHWEST CORNER OF SECTION 25, T.3S., R.69W., 6TH P.M. N0. NORTHING i SAID PARCEL CONTAINS 29,398 SQUARE FEET OR 0.68 ACRES MORE OR LESS. FOUND 3 1 /4" BRASS CAP IN RANGE BOX ~ 701185.57 ~'ri s+ 0 STAMPED: PLS 23047 NORTHING: 700540.51 FASTING: 121111.4:3 { t o PLANNING COMMISSION CERTIFICATE: Y 2 701186.67 J APPROVED THIS DAY OF BY THE 3 701030.69 r• t. o WHEAT RIDGE PLANNING COMMISION. 4 701029.59 a i z CHAIRPERSON a m N w LEGE w CITY CERTIFICATE: LEGEND r~i tm z~ o FOUND MONUMENT AS NOTED P 5 w APPROVED THIS DAY OF BY THE PREPARATION DATE: 01-25-08 a Q WHEAT RIDGE CITY COUNCIL. SET )3 LONG #5 REBAR WITH > y ~ i REVISIONS: m ATTEST cn a N0. DESCRIPTION DATE ,/v v V 1 CITY COMMENTS 4-17-08 HARRIS KOCHER SMITH o ~ CITY CLERK MAYOR o~ 00 N O 2 CITY COMMENTS 9-29-08 e e n g i n e e r s l a n d s u rveyors DIRECTOR OF COMMUNITY DEVELOPMENT 30 0 30 60 1391 Speer Blvd. - Suite 390 Denver, Colorado 80204 F LL p PLAN SCALD: 1"=30' Phone (303) 623-6300 ax~ DIRECTOR OF PUBLIC WORKS U' O O ~ Fax (303) 623-6311 LZ1 i d~ v~~--__ ~.~.Q , _ _ _ _ POSTING CERTIFICATION WA- og- i Lf CASE NO. MS - 0 ? 0 PLANNING CON MISSION / HEARING DATE: 2 (O - / BOARD OF ADJUSTMENT (Circle One) tc) (n a m e)_j_ residing at t ug- ~ \ (address) as the applicant for Case No. hereby certify that I have posted the Notice of Public Hearing at Z co (312 Q t (location) on this day of ~~~o 20~, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. r Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development, eapianning\{, Rev. 616101 < j R 8 W 16TH PL ~R o M W U s ^ s s =o ~ w 'V ~ x Q 3 ^ rv U V S g e ~ 8 g , W 26TH A VE ° & - EA y :WZ-80.13 f 3fi51 : .KENDALL• 2FA y556 2~2 5TREET ab55 MINOR R_7 : a R_ s 8 r P - F r; R ° ° ~ n its-( of 4- UJA--08 /54 C e, / /,a647 9 ~4 LEVY JOSHUA~ 2801 H IERCE W WHEA~1' I~IDd ~ 1 ,L 8 7010/31 1,680 0005 7083 AREM TR 2850 PIERCE ST WHEAT RIDGE CO 80214 WILSON FRANK L KEARNEY ELISE 2845 OTIS CT WHEAT RIDGE CO 80214 7003 1680 0005 7083 3896 MCGLOTHLENCECILT MC GLOTHLEN SALLY D 2835 OTIS CT WHEAT RIDGE CO 80214 7003 1680 0005 7083 3902 HERGENRETER STAN R HERGENRETERSHARON 2835 NEWLAND CT WHEAT RIDGE CO 80214 7003 1680 0005 7083 3919 P 2830 QUAY ST WHEAT RIDGE CO 80033 3933 7003 1680 0005 7083 3940 7003 1680 0005 7083 3926 SELBY CLIFFORD A S L SELBY JOY R 2830 O I 8802 W PHILLIPS DR WHEA 4 LITTLETON CO 80128 7pp3 1680 0005 7083 3964 7003 1680 0005 7083 3957 CAMPBELL CHRIS ^KELVEY RUTH M JACKSON KRISTINE C JOHNSON MARLENA RAE 2820 QUAY ST 2765 PIERCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 7003 1680 0005 7083 3995 7003 1680 0005 7083 3988 RAU JOHN P HUGHES MYRNA J RAU BETTY L 2800 PIERCE ST 2800 NEWLAND CT WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7003 1680 0005 7083 4022 7003 1680 0005 7083 4015 UN DAVES - THEWSLIAM RORY THRUM LINDA J 2800 QUAY ST 2751 PIERCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 7003 1680 0005 7083 4053 7003 1680 0005 7083 4046 -MALI ACHIL.LE JR COIL DARL V ITALI MARILYN K 7774BCNRt j4C D T 6670 W 28TH AVE ARV 0 WHEAT RIDGE CO 80214 DURAN ELI E 2780 Q A ST WHEA GE 8 7003 1 0 0005 7083 4060 KELLEIGH WALTER V KELLEIGH FAITH 6680 W 28TH AVE. WHEAT RIDGE CO 80214 7003 1680 0005 7083 4077 70031680 0005 7083 4084 7003 1680 0005 7083 4091 HARTLEY LESTER E REINHART DAVIS ERNEST SCOTT HARTLEY DONNA L 2690 PIERCE ST 2670 PIERCE ST 6710 W 28TH AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7003 1680 0005 7083 4114 7083 4121 7003 1680 0005 7003 1680 0005 7083 4107 FU BINSON GEORGE J VINO RAY An FUJIMOTO MASCHA K ROBINSON E PARK BARA JENIFER 4TIC Olki 2720 QUAY ST 2661 NEWLAND ST 2665 PIEg Cl~ S7 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 DENVER Vj 7003 1680 0005 7083 4145 7003 1680 0005 7083 4138 STIGALLFLORENCEGLIFE 7003 1680 0005 7083 4152 BASYE DORREE ESTATE 2655 PIERCE ST 2700 QUAY ST 2680 QUAY ST WHEAT RIDGE CO 80033 x`^O✓AT RIDGE CO 80033 LAKEWOOD CO 80214 70031680 0005 7083 4169 7003 1680 0005 7083 4183 7003 1680 0005 7083 4176 RENCEHAUSEN ARTHUR L 2810 PIERCE ST WHEAT RIDGE CO 80214 7003 1680 0005 7083 3971 LARSON GWEN A 6645 W 28TH AVE WHEAT RIDGE CO 80214 7003 1680 0005 7083 4008 HAYNES DANIELLE M 2805 OTIS CT WHEAT RIDGE CO 80214 7003 1680 0005 7083 4039 LOVETT STELLA BERBERT KARRYL S MORENO RICHARD LOUIS LOVETTNOEL 6655 W 26TH AVE MORENO VANESSAG 2655 NEWLAND ST W[~AT RIDGE CO 80214 6671 W 26TH AVE WHEAT RIDGE CO 80214 7003 1680 0005 7083 4206 WIIEATRIDGEC080214 7003 1680 0005 7083 4190 7003 1680 0005 708 4213 PINO CRAIL BEVERLEY G MIKE ST PIERjCE,&T 6653 W 26TH AVE 2660 QUAY 2660 WHEAT RIDGE CO 80214 WHF,AT RIDGE CO 80033 WHEAT E " 8 2 4 7003 1680 0005 7083 4237 7003 1680 0005 7083 4220 7043 1680 0005 7083 4244 HELLWIG Tim THY MELAHN STACEY JENSEN THOMAS P HIATT RHONDA J 2640 QUAY ST JENSEN CECELIA A 2650 PIERCE ST WHEAT RIDGE CO 80033 6631 W 26TH AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7043 1680 0005 7483 42LA 7003 1680 0005 7083 4257 -Am WIN KRENEK ALAN Lb 7795 E NAPA PL 2635 1PIER& S DENVER CO 80237 DENC 0 1 7003 1680 0005 7083 4282 7003 1680 0005 7083 4275 W F F CIS A WOLF MURPHY SHAWN D 6795 W 26TH AVE WHEAT RIDGE CO 80214 7003 1680 0005 7083 4305 7003 1680 0005 7083 4299 City of `WheatRj jge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE January 12, 2009 Dear Property Owner: This is to inform you of Case Nos. MS-08-01 & WA-08-14 which are requests for approval of a 2-lot minor subdivision plat with a lot width variance and a side yard setback variance for an existing garage and a waiver of street dedication requirements for property zoned Residential-One (R-1) and located at 2690 Pierce Street. This request will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on January 26, 2009 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of YPheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. ms0801&wa0814.doc www.ci.wheatridge.co.us I fl: l NW 25 elwl el el -I L N W N OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEVLOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN f . (APPROXIMATE LOCATION) SW 25 0 100 700 5CO 100 f,e i z z z z wurnr F ~ DEPAKTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 LEVY JOSHUA M WILSON FRANK L HERGENRETER STAN R 2801 PIERCE ST KEARNEY ELISE HERGENRETER SHARON WHEAT RIDGE CO 80214 2845 OTIS CT 2835 NEWLAND CT WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 AREM TRUST MC GLOTHLEN CECIL T PHILLIPS PATRICIA A 2850 PIERCE ST MC GLOTHLEN SALLY D 2830 QUAY ST WHEAT RIDGE CO 80214 2835 OTIS CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 SELBY CLIFFORD A SHUMAKER KAREN L RENCEHAUSEN ARTHUR L SELBY 8802 W JOY R PHILLIPS 2830 OTIS CT 2810 PIERCE ST 8802 W LITTLETON CO 80128 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 CAMPBELL CHRISTINE H MCKELVEY RUTH M A JACKSON KRISTINE C JOHNSON MARLENA RAE 6645 W 28TH H AVE 2820 QUAY ST 2765 PIERCE ST 6645 W 2 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 RAU JOHN P HUGHES MYRNA J HAYNES DANIELLE M RAU BETTY L 2800 PIERCE ST 2805 OTIS CT 2800 NEWLAND CT WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 MATTHEWS WILLIAM RORY THRUN DAVE S DURAN ELIZABETH M 2800 QUAY ST THRUN LINDA J 2780 QUAY ST WHEAT RIDGE CO 80033 2751 PIERCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 COIL DARLENE VITALI ACHILLE JR KELLEIGH WALTER V 7771 BRENTWOOD ST VITALI MARILYN K KELLEIGH FAITH ARVADA CO 80005 6670 W 28TH AVE 6680 W 28TH AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 HARTLEY LESTER E REINHART DAVIS ERNEST SCOTT HARTLEY DONNA L 2690 PIERCE ST 2670 PIERCE ST 6710 W 28TH AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 FUJIMOTO HARVEY A ERNES OTT AL N BARA ALVINO RAY FUJIMOTO MASCHA K 2670 PIE BARA JENIFER NICOLE 2720 QUAY ST 2665 PIERCE ST WHEAT RIDGE CO 80033 Wld RIDGE CO 80,214 DENVER CO 80214 BASYE DORREEN R ROBINSON GEORGE J ERl~ SCOTT ALLEN ROBINSON E PARK 2700 QUAY ST 2670 PIE 2661 WHEAT RIDGE CO 80033 WHEAT T RIDGE RIDGE D CO O 80214 WHEAT G O 80214 W LOVETT STELLA LOVETT NOEL 2655 NEWLAND ST WHEAT RIDGE CO 80214 ANDREWS NANCY ANNE CRAIL BEVERLEY G 6653 W 26TH AVE WHEAT RIDGE CO 80214 HELLWIG TIMOTHY O HIATT RHONDA J 2650 PIERCE ST WHEAT RIDGE CO 80214 WINANS EUGENE P 7795 E NAPA PL DENVER CO 80237 KRENEK ALAN L 2635 PIERCE ST DENVER CO 80214 WOLF FRANCIS A WOLF MURPHY SHAWN D 6795 W 26TH AVE WHEAT RIDGE CO 80214 STIGALL FLORENCE G LIFE ESTATE 2680 QUAY ST WHEAT RIDGE CO 80033 BERBERT KARRYL S 6655 W 26TH AVE WHEAT RIDGE CO 80214 E EST SCOTT ALLEN 2670 GE O 80214 PINO MIKE 2660 QUAY ST WHEAT RIDGE CO 80033 MELAHN STACEY 2640 QUAY ST WHEAT RIDGE CO 80033 ARMSTRONG LARRY EDWARD 2655 PIERCE ST LAKEWOOD CO 80214 MORENO RICHARD LOUIS MORENO VANESSA G 6671 W 26TH AVE WHEAT RIDGE CO 80214 ALLISON STEFANIE 2660 PIERCE ST WHEAT RIDGE CO 80214 JENSEN THOMAS P JENSEN CECELIA A 6631 W 26TH AVE WHEAT RIDGE CO 80214 HEL WIG TIMOTHY O HIATT O 2650 C T AT 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 CITY COUNCIL on January 26, 2009, at 7:00 p.m. in the City 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. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following cases shall be heard: Case Nos. MS-08-01 & WA-08-14: An application filed by Davis Reinhart for approval of a 2-lot minor subdivision plat with a lot width variance and a side yard setback variance for an existing garage and a waiver of street dedication requirements for property zoned Residential-One (R-1), located at 2690 Pierce Street, and legally described as follows: A PARCEL OF LAND BEING THE NORTH ONE-HALF OF LOT 2, BLOCK 8, AMENDED PLAT OF HENDERSON'S SUBDIVISION AS RECORDED IN BOOK 1, PAGE 23 IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORD'S OFFICE, EXCEPT THE EAST 187 FEET, AND EXCEPT THE SOUTH 6.5 FEET OF THE NORTH ONE-HALF, TOGETHER WITH THAT ADJOINING VACATED PORTION OF PARK STREET, SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 25, THENCE NORTH 00°20'09" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 488.94 FEET. THENCE NORTH 89°39'51" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST LINE OF THE NORTH HALF OF SAID LOT 2, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00°20'09" WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 155.98 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 28TH AVENUE; THENCE NORTH 89°39'53" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 188.47 FEET; THENCE SOUTH 00°20'09" EAST, A DISTANCE OF 155.98 FEET; THENCE SOUTH 89°39'53" WEST, ALONG A LINE PARALLEL WITH AND 6.5 FEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 2, A DISTANCE OF 188.47 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 29,398 SQUARE FEET OR 0.68 ACRES MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., MONUMENTED AT THE WEST QUARTER CORNER BY A 3 1/4" BRASS CAP PLS 32429 AND AT THE SOUTHWEST QUARTER CORNER BY A 3 1/4" BRASS CAP PLS 23047, AS BEARING NORTH 00°20'09" WEST. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: January 8, 2009 City of Wheatjidge _COW MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building December 4, 2008 Davis Reinhart 2690 Pierce St. Wheat Ridge, CO 80033 Dear Davis: 7500 W. 291" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of November 20, 2008, Planning Commission made a motion for approval of Case No. WA-08-14, a request for approval of a 6-foot lot width variance and a 4.3-foot side setback variance for Lot 2 of the proposed subdivision; however, the motion to approve failed. Therefore, the request is DENIED. Since the variance request was denied, the right-of-way dedications and subdivision plat could not be considered. Your request for approval of a two-lot subdivision plat with lot width variance and side yard setback variance for an existing garage and waiver of street dedication requirements is scheduled for public hearing before City Council at 7:00 p.m. on January 26, 2009. Twenty-three (23) copies of the full-sized, pre-folded plats plus one (1) reduced copy are required by January 14th. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, i Kathy Field Administrative Assistant Enclosure: Draft of Minutes cc: MS-08-01 & WA-08-14 (case files) MS0801&WA0814doc www.ci.wheatridgexo.us PUBLIC HEARING A. Case No's. MS-08-01 and WA-08-14: An application filed by Davis Reinhart for approval of (A) a 2-lot minor subdivision plat with a lot width variance and a side yard setback variance for an existing garage and (B) a waiver of street dedication requirements for property zoned Residential- One and located at 2690 Pierce Street. The case was presented by Meredith Reckert. She ente0ffaftertinent documents into the record and advised the Commissi I ere was jurisdiction to hear the case. She reviewed the staff report and d* tfal p ntation. Staff recommended approval for reasons, and with ccoon ions, a "hied in the staff report. N NW Commissioner DWYER asked if setb#-10 r the existing structure id become nonconforming if right-of-ways a121110 raents are mad : Ms. Reckert replied that setbacks would be uboth existing structures; however, because it would be-~.pacity acquisition,-fiances would not be required. In reply to a question from Cc that current city policy allows become , east side property :and the MINKMA ni Paranto explained - right-6 --way parcels as they v 0 M ree first improvements to the of West 28th Avenue. Commissi41-TWO I\ N asked if this ea had been identified as having critical drainage s ~ toe 151ained that it was not. The installation of cued srd~i k was`"eriequired because it is standard and there is e Stm¢ cu emitter anddewalk on the west side of the street. xpl i- d that iienever a property is subdivided, the city requires to bit 41 I improvements at the time of subdivision or place money in Lure imWovements. For residential properties, the escrow would be a pe>Xd of ten years if no city project occurs. In response tX question from Commissioner BRINKMAN, Mr. Paranto stated that periodic traffic counts have not shown a significant change in traffic on Pierce Street in this area. Marcus Pachner Mr. Pachner, representing the applicant, read the following statement from Davis Reinhart into the record: Dear Commissioners: I regret not to be presenting my project to you tonight. While I have complete faith in the Planning Commission's objectivity, stafffelt my presence may unduly influence you or at least create the appearance of undue Planning Commission Minutes 2 November 20, 2008 influence. I believe I am putting forth a project that is consistent with good planning and the goals of the City of Wheat Ridge as stated in the Neighborhood Revitalization Strategy. I am disappointed that I was unable to come to an agreement with staff on how this plat should move forward. Mr. Pachner referred to a question from Commissioner MATTHEWS, and explained that the small lot to the east of the property was an illegal subdivision done by a previous owner long before Mr. Reinhart purch d the property. He asked the Commission to consider that the required righ 061-way dedication would cause the removal of many mature trees to be replac - OF th sidewalk, curb and gutter. Removal of the trees would not only affec Ze s;ygct property but the character of the entire neighborhood. -.j Mr. Reinhart met with Travis Crane of t] purchased the property in 2005. Staff dj be conforming but a variance would be t on the second lot. He stated that there N remove a solid brick garage H did not necessary because both streets fitful. and capacity. The widened righba-6 } there are no community plans fornpro in the past, there was no need for the ri therefore vacat f e s now requesfi~ feet be Brant or nQh I- way dedicati length, the°ci& er of t~ entire gutter and sidew aloft inning Department- re he at thhtime that the to If if would d teethe garage in`rts location yo benefit to the public to veh&right-of-way dedications were anon -Qth correct number of lanes Id resultirconsistent setbacks and zWn thie-area. He also noted that, of WaWh 28`° Avenue and was that the vacation be rescinded and ten . Since 281h Avenue is only 750 feet in uld be changed by installing curb, ;rty. Regarding the request for a Id be inconsistent because there are no ched sides salon qpIthe entirety of Pierce Street. The nearest sidewalk on east side o`ire Strrjgx blocks away from the subject property. s:. Mi. er stated t the cost to bond the improvements would be approxr~tely $20,10. This cost in addition to other costs such as park dedicati urvey etc., would make this project cost prohibitive. The ten year escrow req~ms to be unreasonable because there are no plans to improve 28d' Avenue fierce. He stated that the applicant is very sensitive to public safety but it is difficult to understand how installation of a detached sidewalk on Pierce along this one property would create safer passage along the street. Mr. Pachner concluded by stating his belief that the requirements for a variance request have been met and should be granted. He also requested approval of the plat without conditions. Ms. Reckert advised the Commission that it would be appropriate to consider the right-of-way dedications in separate motions. Planning Commission Minutes 3 November 20, 2008 Mr. Pachner commented that if the sidewalk were to abut the trees on Pierce Street, the trees would most likely not survive. Commissioner CHILVERS commented that the long term value of the trees would be determined by the species of the trees and their condition. In response to a question from Commissioner DWYER, Mr. Pachner explained that the garage could be kept with a side setback variance and there would still be space to build a primary structure on the lot. AA-nk Ms. Reckert commented that without a variance for the existing house would be affected. In response to a question from Commission - PBRINKMAT explained that a sediment control plan w- t d be necessary and gutter is installed. It would be regl1f. when it e lot is erosion into adjacent properties. ~ ~N In response to a question frormCommissioner B K rte, that he did not know if there werdxainage issues Chair BRINKMAN asked to the rear setback of not curb Mr. Pachner stated Scott Ernest % s w 2670 PierceAreet 'M Mr. Ernest s - at h oiums the house ectly to south of proposed variance. He stated his oppo ro o t ~iancg; ecause the lot could be subdivided wi9~~~t~y~ ,lean Hughes 280.0 Pierce. Ms ughes stated A- opposition to the application. Walter K-" 6680 Wes? SRI Mr. Kelleigh questioned the necessity of installing curb and gutter along 28th Avenue. Mr. Paranto explained that the city has a policy to ultimately have sidewalks on all streets, including West 28 . Because the property is requesting a land use approval at this time, it is an opportunity for the city to acquire right-of- way for future sidewalk installation. Donna Hartley 6710 West 28` Avenue Ms. Hartley expressed her opposition to the variance and the installation of curb and gutter which would cause the removal of so many trees. Removal of the trees would destroy the character of the neighborhood. She also noted that there is no Planning Commission Minutes 4 November 20, 2008 traffic on 28th other than from the residents on the street. She was opposed to a patchwork of sidewalks, curb and gutter. Lester Hartley 6710 West 28th Avenue Mr. Hartley stated his opposition to the installation of curbs and gutters. He lives directly east of the applicant and had no concern with what the applicant builds. His concern centered around the effect of curb and gutter28`h Avenue and the subsequent removal of mature trees. He stated the only ace there has ever been a water problem is where curbs and gutter are in pla~ the north side of 28`h Avenue. %an Cliff Selby 2785 Pierce Mr. Selby stated his opposition to the the removal of mature trees. His property` a and there has never been a drainage problem suggested that the lot should problem. He did not believe Commissioner DWYER asked ifl the property if the~i t-of-way rey N . that he would -w e ely satisf conforming, le believe garage c around it. had that gpr- about He expressed co 0s family for many years front of the property. He would eliminate the variance Mould be si{tisfied with subdividing nts~wet granted. Mr. Selby replied ause he-felt the lot should be cause problems in designing a house - NO podium to explain that a variance will be required xchnMi. ed-61 for the ho -setbaf he garage setback. He also commented that the ant has world close = 'th staff to formulate his plan. ked if there were others present who wished to address the no response, she closed the public hearing. CommissionoPPMATTHEWS stated that he was in favor of the right-of-way dedication along Pierce but not along 28u' Avenue. He was also conflicted about having an uneven lot line in order to accommodate a building that may or may not be saved. Commissioner STEWART commented that much of Pierce Street does not have curb, gutter and sidewalk so she doesn't see the pressing need for one along the subject property. She was not in favor of the dedication on 28th Avenue. The city would always have the right to install sidewalks at some time in the future. She also favored a straight property line division. Planning Commission Minutes 5 November 20, 2008 It was moved by Commissioner DWYER and seconded by Commissioner SCEZNEY to recommend approval of Case No. WA-08-14, a request for approval of a 6-foot lot width variance and a 4.3-foot side setback variance for Lot 2 of the proposed subdivision, for the following reasons: 1. Granting of the variance would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in pg the area, including several approved as varianyquests by the Board of Adjustment. 3. Granting of the variance should not impa N ee amount of light and air to adjacent properties, increase conggtioi%~the public streets or increase fire danger., A request for variance requires a approval. Therefore, the motion Commissioners STEWART and 1 Since the variance request w: subdivision plat could not be (The meeting was recessed from B. 05: An of Laws ijority of five affii9fi"ve votes for a vote of 4 to 2 withN®R % the righfVf- vay dedications and Section 26-803 of the to floodplain control. The case was pr seslR Iz ivl-Ndit Re, ert and Tim Paranto. Coors recently comply tream ovP~ow r v bents to the Clear Creek railroad bridge east oJT~lcIntyre ih hasified the floodplain downstream. Therefore the Clear Creek Flood Hrl Area,Jirreation should be modified to reflect those It wa~i~ ved by ~o'3nmissioner SCEZNEY and seconded by Commissioner STEWEi -Jhat (use No. ZOA-08-05, a proposed amendment to Section 26- N 803.G of Ar ONIII, Floodplain Control, of the Wheat Ridge Code of Laws, be forwarde o City Council with a recommendation of approval for the following reasons: 1. The proposed legislation adopts the new study. 2. It will allow the City to administer activities within the correct floodplain boundaries. The motion passed 6-0 with Commissioners TIMMS and REINHART absent. Planning Commission Minutes 6 November 20, 2008 C Da C -0 ~a W o 0 0 0 0 o v C D ( o n CD cnv 9 90 0 0 ~m O O (n _ o Cn c D Q m 0 CD Z3 Lo. O Q o CD Z Q Q ZT C _ O O 0 Z3 O 0 O c m o 0 (0 n v = C: v Z ~ cn Q c A ( CD Q O y N CD (D (n 00 CD CL S v o co D 0 0 m m C A ( D O C D v, zT o cn _ o o (n 0 0 C ° o_ :p CD a C D ((D A v m N Q Q Cl) O Q cn CCD n ~ Q Q N Ln. D 0--o CD 0 av 00 CD 0 v v o M ~m Z (D CD O (n °-0 o Cn ~ CD 03. O O o p -0 c. -O N O (D ( (D '0- w " N 0 Q 0 CD O v v CD v CD s N a Q 0 CD • 3 3 if N ~ ° m o (n °o N CD rF O CD G n v v n CD Cn C) (n v Cn Z O K (n O Cb 1 90 D I O 00 a D o Q'0 0 o ° 00 0 (D v (D i c D (n pC m 0 CD< m a 0 C D v o v - CD w ' mO 0 O p 5 ;L O (D O (n 70 N E O 2 0 fl m 016, ° C3, ° CD O ~ _ (n N N lV (n _ (n 00 3 00 3 CD O =3 e--r O D T. 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N 0 0 cn M (Q -r O Cn M. Cn Cn CD CC W CD a) CD (D CD N 3 O -i4, -z CD Cn v CD Cn n O CD "S 0 (D G CD C7 r-F (D (D I O h i C0 G (Z (D 0 n v O PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION November 20, 2008 Case Nos. MS-08-01 & WA-08-14: An application filed by Davis Reinhart for approval of a 2-lot minor subdivision plat with a lot width variance and a side yarc setback variance for an existing garage and a waiver of street dedication requirements for property zoned Residential-One (R-1) and located at 2690 Pierce Street Name Address In favor/Opposed /E&Lg: r 2L7D Pte, / cP ~Yl rtic%~K kG S 2 OCC ~ boo ~ ~o,u/agrit Z-f V2_ - ~Afur~ edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT NOV. 11, 2008 Davis B. Reinhart. MSPE PRINCIPAL dreinhart@edificecm.com Meredith Reckert Community Development City of Wheat Ridge 7500 West 29' Ave. Wheat Ridge, Colorado 80033 Re: Minor Subdivision Plat 2690 Pierce Street Dear Ms. Reckert, Marcus Pachner is authorized to speak on my behalf at the public hearing on November 20, 2008 Sincerely, 0 6-S Davis B Reinhart MSPE Applicant ITEL}303.534.1237 303.534.1247{FAX} X644' City of Wh6atFta c CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: Nov. 20, 2008 CASE MANAGER: Meredith Reckert CASE NO. & NAME: Case Nos. WA-08-14/MS-08-O1/Reinhart ACTION REQUESTED: Approval of a two lot minor subdivision with variances to lot width and side setback with a request for waivers (variances) of right-of-way dedications LOCATION OF REQUEST: NAME & ADDRESS OF OWNER(S): 2690 Pierce Davis Reinhart 2690 Pierce Street Wheat Ridge, CO APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: .68 acres R-1, Residential-One Single family residence ENTER INTO THE RECORD: (X) ZONING ORDINANCE (X) CASE FILE AND PACKET MATERIALS (X) DIGITAL PRESENTATION (X) SUBDIVISION REGULATIONS Planning Commission Case Nos. WA-08-14/MS-08-O1/Reinhart 1 Aerial with zoning overlay 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. 1. REQUEST The property owner requests approval of a two lot minor subdivision on .68 acres of property located at 2690 Pierce Street. The property in question is zoned R-1, Residential-One. (Exhibit 1, applicant letter) The property is a comer lot with street frontages on Pierce Street and W. 28 h Avenue. There are a single family residence constructed in 1940 and detached garage of the same vintage on the property. The property was platted as a part of Lot 2, Block 8 of Henderson's Subdivision Amended which was recorded with Jefferson County in 1884. At the time of platting Pierce Street was called out as Henderson Street and W. 28 h Avenue was identified as Park Street. (Exhibit 2, Henderson's Subdivision amended) There are no specific street widths designated on the plat document. Planning Commission 2 Case Nos. WA-08-14/MS-08-O1/Reinhart The next subdivision activity occurs in 1954 which subdivided property to the east into four parcels (Exhibit 3, Moore-Ream Subdivision). The plat document references a 20' right-of-way vacation along the south side of W. 28 b Avenue. This vacation appears to have occurred in 1951. (Exhibit 4, right-of-way vacation resolution) A subsequent vacation occurred for 10' of right-of-way adjacent to the subject property in 1954 (Exhibit 5, right-of-way vacation resolution) R-1 zoned property abuts the parcel on the north, south and east. Property to the west, across Pierce Street, is zoned R-2. Adjacent land uses are predominately single family residences. In order for the subdivision to be approved as submitted, the following must occur in the order listed: 1. Granting of a variance to the minimum lot size with an associated sideyard setback variance for the garage. (A three fourths vote of the members present is needed to approve a variance.) If this request is approved, then the following can occur. 2. Approval of waivers or variances to the requirement for right-of-way dedications for Pierce and 28th Avenue. (A three fourths vote of the members present is needed to approve a variance.) Regardless of recommendation, the following can occur: 3. Approval of a two lot minor subdivision either with or without right-of-way dedications. A two-lot minor subdivision would typically by reviewed by Planning Commission as the final authority except when there are right-of-way dedications or vacations involved. Planning Commission will be giving recommendations to City Council on all three components of this request. H. AGENCY REFERRALS The proposal was referred to all of the appropriate city departments and outside agencies. All responding agencies have indicated that they can serve the property and the applicant will bear the cost of installing improvements to the property. Wheat Ridge Public Works: Is requesting 5' of right-of-way along Pierce Street and 10' of right-of-way along W. 28ei Avenue. They are requesting that public improvements along both street frontages be constructed at the time of development of Lot 2. (Exhibit 6, Brossman memo) Wheat Ridge Sanitation District: Can serve the property from an 8" sanitary sewer line in Pierce Street. Planning Commission Case Nos. WA-08-14/MS-08-01/Reinhart Consolidated Mutual Water District: Can serve the property subject to rules and regulations of the district. Parks and Recreation Commission: The Parks and Recreation Commission is asking for fees in lieu of land dedication. III. SUBDIVISION DESIGN The plat will subdivide the property into two lots. (Exhibit 7, proposed plat) Lot 1 will contain the existing single family residence and the existing garage will be located on Lot 2 with the new parcel line running between the two existing structures. The R-1 zone district standards require a minimum lot size of 12,500 square feet of area with a lot width of 100'. Lot 1 on the proposed plat exceeds the standards of the R-1 zone district with 16,027 s.f. of lot size with 155.98 of lot width (measured along the Pierce Street side). Proposed Lot 2 exceeds the minimum lot size standard for the district at 13,371 s.f., however lot width which is measured at the 30' minimum front setback line is only 94' requiring a lot width variance of 6'. The new parcel line is somewhat irregular in order to accommodate the existing structures on the property. Attached is an exhibit showing the locations of the proposed structures and the resultant setbacks. (Exhibit 8, survey exhibit) Both the rear and side setbacks in the R-1 zone district are required to be 15'. With the proposed configuration, the house will have a 15.6' rear setback which is conforming, but the garage will only have a 10.7' side setback, thus requiring a variance of 4.3'. Another item of note is that the house and garage both have nonconforming setbacks from W. 28`h Avenue. As this lot line currently exists, a variance is not required; these are considered legal nonconforming setbacks. See chart below. Dev. Standard Required Dev. Standard provided Development Standard met? Lot width: 100' 155.98' Yes Lot Lot size: 12,500 s.f. 16,027 s.f. Yes 1 Setback from 28th: 30' 27.4' No, but considered legal nonconforming Rear setback (east): 15' 15.6' Yes Lot Lot width: 100' 94.0' No (variance required) 2 Lot size: 12,500 s.f. 13,371 s.f. Yes Setback from 28th: 30' 20.2' No, but considered legal nonconforming Side setback (west): 15 10.7' No (variance required) It would be possible for the property to be subdivided without the need for variances; however, it would necessitate the removal of the existing garage. The applicant has provided rationale for the variances. (Exhibit 9, applicant responses to evaluation criteria) Planning Commission 4 Case Nos. WA-08-14/MS-08-O1/Reinhart V. VARIANCE CRITERIA This is an area which has a variety of housing styles and construction dates. A cursory review of the existing parcel lines in the area reveal that there are many nonconformities to the R-1 development standards including lot widths and lot sizes. As an example, the property directly to the south has a nonconforming lot width of 76' but is over a half an acre in size. Much of the existing platting and development in the area occurred prior to incorporation of the City. A review of the land use atlas which tracks City land use case approval activity indicates that subsequent to incorporation, there have been numerous variances granted in the area including but not limited to front setback, side setback and rear setback variances. Staff has the following comments regarding the criteria used to evaluate a variance request. Because the variance requests are inter-related, they must be approved as a package; therefore, the variance requests will be evaluated together as one discussion item. In other words, Planning Commission can not deny the lot width variance and approve the garage side setback variance. Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: 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 is denied, the property may still receive a reasonable return in use. The existing single family residence may remain. However, in order to subdivide without variances, the existing garage would have to be demolished which may impact the character of the property. Staff concludes that this criterion has not been met. 2. The variance would not alter the essential character of the locality. If the requests are granted, the character of the locality would not be altered. There are numerous nonconforming lot widths and structure setbacks in the immediate vicinity. While the proposed lot width and garage side setback are slightly below the R-1 zone district standards, the lots and improvements will be consistent with the conditions of the surrounding neighborhood. Staff concludes that 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 project represents an investment in the community due to construction of a new single family residence. While the property could be subdivided without the variances, the property owner has strived to take advantage of the existing structures and character of the property. Demolition of the existing garage on the property would increase the Planning Commission Case Nos. WA-08-14/MS-08-O1/Reinhart amount of investment required with new construction which could be prohibitive to development of a home on the new parcel. Staff concludes 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. . There are no unique conditions related to physical surrounding, shape or topographical conditions that create a hardship. The hardship has been created by the property owner who desires to keep the existing garage on the property while subdividing. Staff concludes that this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The difficulty has been created by the property owner by requesting a subdivision which does not meet the R-1 development standards. Staff concludes that this criterion has not 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 increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would be not injurious to the neighboring property or improvements. It would not hinder or impair use of adjacent property. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase congestion in the street due to the additional trips generated by an additional single family residence. There would be no impact on fire danger. The request may have a positive effect on property values. Staff concludes that this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are numerous nonconforming lot widths and setbacks in the immediate vicinity. Staff concludes that this criterion has been met. Planning Commission 6 Case Nos. WA-08-14/MS-08-O1/Reinhart 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Approval of the variances would not result in the accommodation of a person with disabilities. Staff concludes that 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. Low density residential development is not subject to the requirements of the Architectural and Site Design Manual. Staff concludes that this criterion is not applicable. VI. VARIANCE (WAIVER) OF RIGHT-OF-WAY DEDICATIONS When a subdivision is submitted to the city for review and approval, one of the assessments that occurs by the Public Works Department is whether the streets abutting the proposed subdivision meets the city standards for width and whether the construction of public improvements will be required. For residential subdivisions, if Public Works concludes that the public improvements should be installed now, a subdivision improvement agreement with a letter of credit for 125% of the cost of the improvements is required, as well as civil design documents detailing the construction. Construction of the public improvements would occur prior to the lots being developed. If it is determined that public improvements are not suitable for construction at this time, a development agreement with letter of credit for cost of the improvements is required for future installation. If street construction does not occur within ten years, the funds are released back to the property owner. Pierce Street is classified as a collector street, with a standard width of such as 60', or 30' from centerline. Pierce Street abutting the property is only 50' in width; therefore, Public Works is requiring the dedication of 5' of right-of-way. W. 280i Avenue abutting the property is considered a local street which requires a total r- o-w width of 50'. Since 28 h Avenue abutting the property has only 40' of width, Public Works is requesting a dedication of 10' for right-of-way. Staff would point out that Section 26-416.K. of the subdivision regulations allows a right-of-way width for local streets to be reduced to 40' through a variance process accompanying a subdivision request. Public Works has determined that they would like the construction of public improvements on both frontages to occur now. Planning Commission 7 Case Nos. WA-08-14/MS-08-O1/Reinhart The existence of public improvements (curb, gutter and sidewalk) varies widely in this area. Pierce Street from 32nd Avenue to 26th Avenue has vertical curb, gutter and 5' sidewalk on the west side only. This portion of Pierce was constructed in 2000 as a capital improvements project. W. 28Th Avenue has roll-over curb, gutter and sidewalk along portions of the north side of the street. There are no public improvements of any sort along the south side of the street. Vacations of the right-of-way along the south side of 28a' Avenue previously occurred in the 1950's. The applicant objects to both the requirement for dedication and also the request for installation of public improvements or the requirement for an escrow agreement with funds for future improvements. (Exhibit 10, Applicant justification) Planning staff concurs with the requirement for dedication of right-of-way along Pierce Street. Pierce is one of the only collector streets which extends through the north-south expanse of the city from 26 h Avenue north to W. 48a' Avenue. It has an average weekday vehicle count of 4599 at the Pierce intersection with 28a' Avenue with 5467 daily vehicle trips at the Pierce intersection with 35th Avenue. It has heavy pedestrian traffic by school aged children as a primary route to Jefferson High School at 22"d Avenue in Edgewater, Wheat Ridge Middle School at 386' and Upham and Sts. Peter and Paul school at Pierce and 40th Avenue. Public Works staff would like, at a minimum, the 28th Avenue right-of-way dedicated in the event of the need for future street and drainage improvements. Dedication of 10' for W. 28th Avenue would reduce the current lot size proposed for Lot 2 (13,371 s.f.) down to 12,381 s.f. which reduces it below the minimum lot size of 12,500 s.f. Dedication of 10' along W. 28`s Avenue also reduces the existing structure setbacks to 10.2' for the garage and 17' for the house. If Planning Commission recommends approval of the dedication along 28d' Avenue, an additional variance to lot size must be advertized for the City Council public hearing. The impact of dedications for 28th Avenue and Pierce would reduce the lot size for Lot 1 from 16,027 s.f. to 14,357 s.f. Staff has the following comments regarding the criteria used to evaluate a variance or waiver request. The proposed waivers will be evaluated separately as Request A (Pierce Street) and Request B (W. 28th Avenue) where appropriate. Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met: 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. Requests A and B: If the requests for variances or waivers are denied, the property may still receive a reasonable return in use as the existing single family residence may remain. If the variances are denied, the dedications and construction of public improvements will be required. Planning Commission 8 Case Nos. WA-08-1484S-08-01/Reinhart Staff concludes that this criterion has not been met. 2. The variance would not alter the essential character of the locality. Request A: If dedication and construction are required along the Pierce frontage, this would be the only built portion along the east side between 26m and 32nd Avenue. However, based on the amount of vehicular and pedestrian traffic on Pierce, staff feels the public welfare should take precedent over "the look" or character of the area. Request B.: If the request on 28d' Avenue is granted, the character of the locality would not be impacted. W. 28d' Avenue varies in total width from 40' on the west portion to 30' on the eastern portion. There are no public improvements along the south side and intermittent improvements along the north. There could be some argument that dedication and construction, or denial of the variance, could impact the visual look on the south side of the street. Many of the existing mature trees would need to be removed to accommodate dedication and public improvements installation. Staff concludes that 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. Requests A and B: The installation of curb, gutter and sidewalk costs around $60 per lineal foot. Dedication and construction of public improvements would increase the cost of the project construction by approximately $20,000. It is impossible for staff to ascertain whether development of Lot 2 would become prohibitive with this additional project cost. Staff concludes 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. Requests A and B: There are no unique conditions related to shape or topographical condition of the property that create a hardship necessitating a waiver of dedication and construction of improvements. The physical surroundings of the neighborhood are mixed as to the existence of public improvements. Staff concludes that this criterion has not been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Requests A and B: The difficulty has been created by the property owner by requesting a subdivision which does not meet the city standards for street design. Planning Commission Case Nos. WA-08-14/MS-08-O1/Reinhart Staff concludes that this criterion has not 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 increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. Requests A and B: Approval of waivers to dedication and installation of public improvements could negatively impact the city's policy for protection of the public welfare with safe vehicular and pedestrian traffic routes. This is more critical for Pierce Street which is a collector than 28a' Avenue as a local street. Approval of the requests could negatively impact future congestion in the street and emergency response. The waivers would not hinder or impair use of adjacent property or the adequate supply of air and light. Staff concludes that this criterion has not been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Requests A and B: The existence of curb, gutter and sidewalk along both frontages is not consistent. These conditions are not unique to this property. Staff concludes that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Requests A and B: Denial of the variances and construction of a public sidewalk with a handicapped ramp at the intersection could accommodate a person with disabilities however, as there is no connection beyond the property lines, it is irrelevant. If future improvements were extended past the property, it would accommodate a physically challenged individual. Staff concludes that this criterion has not been met. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Staff concludes that this criterion is not applicable. Planning Commission 10 Case Nos. WA-08-14/MS-08-O1/Reinhart VIII. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the variance requests in compliance with the majority of the applicable review criteria, Staff recommends approval of the lot width and sideyard setback variances. Staff concurs with the Public Works staff that at a minimum, right-of-way should be dedicated for both Pierce and W. 280' Avenue. Because the technical requirements of the subdivision regulations have been met, Staff gives a recommendation of approval of the subdivision with the condition that right-of-way be dedicated per the Public Works recommendation. IX. RECOMMENDED MOTIONS VARIANCES TO LOT WIDTH AND SIDE SETBACK (A three-fourths vote of the members present is needed to approve a variance.) "I move to recommend approval of Case No. WA- 08-14, a request for approval of 6' lot width variance and a 4.3' side setback variance for Lot 2 of the proposed subdivision, for the following reasons: 1. Granting of the variance would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in the area, including several approved as variance requests by the Board of Adjustment. 3. Granting of the variance should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger." WAIVER OF RIGHT-OF-WAY DEDICATIONS (A three-fourths vote of the members present is needed to approve a waiver to street dedication requirements.) "I move to recommend denial of variances for street right-of-way dedications for Pierce and W. 28`s Avenue in conjunction with Case No. MS-08-01, for the following reasons: 1. It is City policy to bring streets with insufficient right-of-way up to city standards. 2. It will further the future general health, safety and welfare of the city's streets." TWO LOT MINOR SUBDIVISON "I move to recommend approval of Case No. MS-08-01, a request for approval of a two- lot minor subdivision on property located at 2690 Pierce Street, for the following reasons: All technical requirements of the subdivision regulations have been met. With the following conditions: 1. Five feet of right-of-way be dedicated for Pierce Street. 2. Ten feet of right-of-way be dedicated for W. 281' Avenue. 3. All typographical errors on the plat document be corrected. 4. Add the following case number to the case history box: WA-08-14." Planning Commission 11 Case Nos. WA-08-14/MS-08-O1/Reinhart ILedifice CO OCTION January 25, 2008 Community Development City of Wheat Ridge 7500 West 29" Ave. Wheat Ridge, Colorado 80033 Re: Minor Subdivision Plat 2690 Pierce Street Sirs, I intend to submit for a minor subdivision plat to divide my lot at 2690 Pierce Street into two platted lots. The request should facilitate a second single family lot. Thank you for your assistance in this matter. Sincerely, Davis B. Reinhart, atsrs PRINCIPAL dreinhart@edificecm.com Davis B Reinhart MSPE EXHIBIT I ti 202'. Ax} 10204 i 4.j. X1Y V 7 /Z, G J ~ gyp, W i voq Q II tl I ti A Q J V II x v I 0 wti J I ti ~ dV ° S n„ i ~I O ° I ~ II v 4 I _ j 3 A ~ tl h j a z I t G '{I I, b I ~.y~'p$ I v+.°av~°o~~ mS hl~n ~c. aw ~ ~o avs R I b w N~ryy r xk tl ~ Q tl O~ ~ R C h q °N-Aq a yN'~q~o vw~~tia. p N I I - 6 o N 3 3 Aa ~ S I ,N A%2 t,w .~a ° ~ i Z~ h O Y~ i 4 K~d~z ~yy v R I a_tla~~x Y~c{v ~+aWA~xivw ~b w uSG any `~.t v¢ y .y ki ,C'exti ,oF 0 sta. h ~ I ~w,^,tlay~„4°~l,n1v~c °a i S @• tlN4rvKa y~.~x~~Q~nq q F laa ~m ti~e~°w'~5tl 0 O'N y ry O W Q N V` N gtlNtl~~jV ~r„~ 2 o PI E2~"4 k V,% w y r. C k C w4a R{~ A NeF~7: ~N tl a° 5 w ' ~~ou ro a v a4rp A s 79 tp l: wC°~ ~ u k Z 1 m. tl net 1a ~ ti a p i7I h yy a!JN~ p.Y x .4, A $ A 4 tl V e ®n 7 Vi y m q ptl u S ~yq` {'N '+C F a EXHIBIT 2 gI 4 t M O O R E -REAM J 1180/Y1J1OBI/ BooK 13 A. GCE.5 (JeD/111310N OfA PO2T/ON OF L OTS /I AND Z, BLOCK d, I7/ENDERSON_'f AMENDED SU8DfV1S/ON /VEWLANO ST.e EET PROTECTIVE COvE/(1An/TS J. DfD/CAT/ON A. No bui/dn ai sf u(fure shell he Prrded, /aced ara/fPrw/ p/ av/buil' 7 m) T I - RN01Y AGC MEN BY THESE PFESENTS: - F✓Of in Ibis sabdvi3iOA unf.7 fhe bui/any p/ans, spP(i@ahon>; "o"'/o/p/" JHowmy 1he /oea/ion olsarh hd&14y Or sAraClure Aare been apgareo`,A wr frog dj la. yeee el plan and exlernd/ desi n a`"lo lacaf/oo of Me I I I ' ,Pei Cheri vrveers Thai eve, f red C. ec,,herf and M;e of the F✓rrt 2f~2 fret and the fds//32 / of Mw Alar/h YZ3 feef y Lr/f/Silg or sfiorlurrwr7h rrsprr/ fo properly or sefdsrk /nes 6y fhesuLaBv/ofi I I I'w of Lafs / and Z rejaeclively, glace d, Henderson', Amended Sud- lofelher with O v/sion Hare !d%4 out a h,11 v%ded and plalle f fhe sane or his /eye//y appointed hf"/, I ...r so,• heir, of assign _r*v/dl/re 5"'V"idrr or 1113 dyPHl /a aP/J/aKP or dldpoerer Jarh A"j, deJiyn, erfd/O/aGorr p Nilll%n il//r/y day, a fPr JUC.{' plan! l/dre dPPH JUdmjifed f0 O rn d9f/ PYPnf - I ± I I , !rye !O-foof vacated J}i/P lyilny /mmedafPfy North thereof andadja/enf /lfere/a, le,'a lals dnds}rre/1 di hereo,7 JhoNe Under /he Hdme dr/d Style if nO JU/fIO PH/a%n ik/P PYK1ian Of 3Uel/da/ld/erfir rl"e 90/ ai {AP rn>,('inf I L OI ASaa<E-,PERM SUED/Y/J/aN and da dy fAPJC preSPnlJ y/dn/Jnd (On✓Py m lee limp{e far podli( use, e// a/ lye sIree/s and /O .Wle,,&n Cbanly Of S ~h a/frrafion Aar been ro/l'm•Ar•d idP4 SUrIfJ OYBf /Y/11/,p/dP Pr/ar /O '*e (pmplF'}%an lAP/,Iaf yw rr~v/rPV; and Al, roreHj f *,Y/ he 7' 7' /O IHYe _ ..yyy ' /C I LI , dYrrfUPJ dJ-31,fJIY//OH f///J plat np=C /,'e -.L_ B~ ~q L deed romp/rid/✓ifA: ke lhei /he svbd,'rrdrr rmr A,, efen1sha11,vre vP sny , rOWWM 1}i0n Ir JOCh JervlCPS The wworJ aea` el0l%PJ OalhHed he/e/n Jhd11 y}J2.. ~ L ,0360 a? gnd df1Pr JdHCd/y /97f~ Tiereaflrr such apprara/ 1HS//naf de /PquiiP4 UA/PJJ, p/ Or /O 1d/do61e and efferlrre 1.1jeleve d NY%/1PH nJ}✓Y/ibPnf I y ~ 'p b 0 NerJ d .SuddjY/dP/3 T die STATE OF coo OQADO lF S S 1 du/y ,PlO/dPd Jhdllde exeralPddy Ahe /he// worded owrlerj ofd mdjaref of /he I W . . (OLINTY OF JEFFE2SON y 10"S J 0rle or alele ore re /s reJP lalireS /h eafle, / Y 1b, pp , f p er e m n O eePrr je }JaIYP S. 1 I rye foreywily inslrumenf was arknow/,dyedbeta/e me fhis_[o .r. Na noxious Dr o/fensirP bade or arlrily JNa//dP (ondor}PdyoaH anylafnoi 9. d d h W k of,i/ovr brr, A.D. 195E dy -red, C ,Peirher/ and Mary S. - e one lbeieae mhii Jha/ldeylh&!y nrayde orbr/ome an danoyan(e arnaisaAre - o 1 /o fhe nP/y' ll&1*ad R o w;1nPr, Plrr/ai ,ro , . s7 roy"We' d../ M r r C Ale dwnGiry J1011he Pcecled oipPim%llydnn any /dl rvi/h aground//ooiarea - _ _ z o / - If y (ommirrian expires pa - - b/ exdasire o/oHe-slo,y openporches andq✓rafeJ, leis. f/ldn_oo_ syaarelee/zar - _ ,Ula P mo y .angle-spry Jlr ClaieJ or leis /han AM syaare fee/%r rs/u/fi sfarryslrv(furer. - ti _ 9 -d Ale (NJPmPAj /Ppj SAar~ y'"374 Ldrn, Or /rail(,, or dr/y a}l/er adhOlld/Hrf J/rdll 4 o de aecvpied or used es a rP1ideofe to nwr jly a/PPLr//dr/PHf/Y} nor JAN//dHy femrW/dry Jlrarla e he a rgwrd exe rej%den e exceal dy Jpe(/a/ wrrl/PH pr/m%JJ/an fOm 1 ' e. , A~ ) /de s,bAe1,1P,3 for d,91140' r //a eXeeed 1/x mgelhJ dumyg r09JJ/U(lrpH pF \ i = ~ q PP/manenf buildings. - W ~ E. An Pasrrovn! l're l efn-/'0'r it ,,,acrd afanp a// rear and ,ide /Pfliart fir. - , I NE(ar Laf2 2 a/ %nJ / d n/enan(e: Anghl oLway it rrrorrea for any ,rr~aGon _ " odr#eJ wn 4 bn '0 i 1hiJ p/el ddeh J'*W4 I F E when pudic sewers be(ame av i/0'b/e, dwNb:/g3 lhrn vnA;r raps/rucle, or W - - - ~l I e - Judsvqur,v//y /o de A,, f ,r/ wk e use f4w,W Prndiny ara//dbih/y a/reweiJ edCh ONP!lief may/ OSe a sdn.ldry ✓)J/JOrd/ jgsle: J Of OeJlyn IVrVred 0'y /he `NJ I 'y \ EN6/NEER15 CEKT/F!(ATE Sidle. dadrd al HraNh, and rorrrrl/y isk//arias /a he harm/ ss ie j J , "y ell (lJ'mOers d er ilerPd Profess%ona/ En oee' and La Jvrrvyar in 11'r S/dlP o (o%ada~ do hrrrby rer}ify fhe{ the p/Jf yr G. 7APJ!roYPKaa/s/un wi/A ldP landand!bail dieda!!pd/fPJ and a//pPrrons/ r/d/rryny Under f{!PM aAh l ./dn4ary /y9f1, dl ,r*,4 )w lbry >ha/!0'P a~lOIAJJ rd/{y. h ( I ,Plq oL ~l1 swrry of AfaaeE-REA/M S06D/Y/S/O,Ywere made by me and under my - J1011111110 and /Al/ A14 "I "1111/1 10 /1~1 dPJf of n/y .~ipw/rd9C.~ e,leH4e41ar s,,c sj%re le, yedr ,mn,O 1, A/,,, Aye ra/P al Ale Owwe x of l 4y a,n la'i y a/ 470 111J raid rorenaei/J ara then (hanged/A who%ar/npar/ I \ 'I !a W< yfr.el Po 9r/Olr Ads tAy/4p ! ll. Inedl%O0' FOn Dl eey of 1fei, fpvlwa /J iy Tad9mrnf or leer Ordee ,?A1/} /n ,la M.le difrrl dnf/ of /{/P O/dPr pq'r'}ivAJ wll'Cl/ Jhd// rPnfd/.X /Afylf lyrpe _ - I S l3 l f I Jnd 'LeHd SarrPyir 11/4 elf7.'s. and OPecI. - I - I I - - P P e O V A L A S ) Sra/e: So' - I )c J p6 uP EG 1 APPROrED d the JEFFERSON OU TY PLANNIv6 D J N M45 /f COMM/J.Se 4ay of rA. /9b'f. ~ n SPC,P ary /rrr/d» j I ZS - I , ,-NW (pc Loll ~ ~ I cOV,vrY CLERK AND RECOEDE~PJ ACCEPTANCE - Th f / 0' f ff d -__1rsoJ--_ r /t orPgo,A,y p/0' apprarP or r /ng, an ronrrysn<e of /kP pudic ways roads, and s/ree11 s r/hereon is arcApfeG ~3y bf, ea#di lye- 11)'Ivn lfr'rra {Art ry thee /ofa✓o }his dauof~Frn l;', fhe ranfio (aon/y 1ha!/ uHderld~FP irla,nfrnjer anre afany s, svrh pabl ~ way, roa~. or slreel aaly a/ler raoil,,cleoe of svrh way has been sahsfarttari7y Camp/Pled 0'y /he suddiridrrJ .$OA.PDa OF ' COUMpp7,- CO.NMGJJ/OAJE,PS A 6 Fleck ~yaia/Aar/ 660. oo` fo J;Y (be. Sec 05-3-69 - C E ST~EE T - A((epled for fl iey in /he office of fhe cie^/, and RECoknER of SfFFERSON CM&rrfldrs. afa, X.D 19556 eerepf oA Na. t I ti L EXHIBIT 3 . 11/05/2008 13:54 FAX 303 271 8180 Cam HE Ef}s r "WHEREAS, There appea,,= ot.l'eeord in Book 1 of Plata at Page 23 of the Clerk and Recorder of Jefferson County, Colorado. the 'Amended Plat of Henderson's Subdivision', vW which there is delineated a certain area designated as 'Park Street' lying between Blocks-~ and 8 of said subdivision; and WNESEAS, Said street has never been opened nor need for public travel; and WHEREAS, Improvements, ditches and fences are situate upon parts thereof; and WHEREAS, Barry F. Ream and Mary J. Ream, as owners of the North 92.3 feet of Lot 1. Block 8 of said subdivision, seek a formal vacation of the South 20 feet of such street adjacent to the north of their property aforesaid; and F1 A WHEREAS, The vacation of said portion of roadway shall not leave v 07 any land adjoining the same without an established road connecting such v Y land with another established road, NOW, THEREFORE, BE IT RESOLVBD, That the South 20 feet of Park ID Street as delineated on the recorded Amended Plat of Henderson's Subdivisick in Book 1 of Plate at Page 23, which 20 feet is immediately north of and adjacent to the North 92.3 feet of Lot 1, Block 8 of said subdivision, is hereby vacated, and all right, title or interest of the County of Jefferso n State of Colorado, in and to such portion of roadway is hereby divested a pursuant to the provision of Chapter 217. 1949 Colorado Session Laws." a @002/004 11. X. an New of 1051 ~y "'Rizoraer ~R p ~E rt"TV/ 7'D EXHIBIT 4 WHEREAS by -a plat of Henderson's Amended Subdivision--recorded ih Flat Boo$ _ 1 Page ? .of-- the Jefferaon-eounty-record a, certain streets, avenues and - 1.~ya,.@.#a.own thereon_wsre_d@dioated'to 'the public; and !-VHER'EAS==the-- foliowing'$@eoribed-nor: of street Is nos _uae-by:_tiie=publicr_ada ---~-f- - WHEREAS said[.-portion of street 11se entirely i+ithIn the County--Of-Jefferson, ieno-t-withinhe--limSYe sf-any4city,''Or-t6Vn-, and does -not for__tk boundary oLa=.CitY WHEREAS no land would, by a vacation of said portion nL etreet~i sft-without--- an established public,road connecting it.with another eatabliahed pubic road; and - WHEREAS -tZie Jefferson County-Pianni-,ng-9 _ fission ; ae ~ppro_ved-Eha-prasoeed. . - Jefferson vacation of said portion..of "street; _ - NOW THEREFORE, BE ZT ESOLVEDby the Board --of---County. _-Commissioners of Jef- ferson County, Colorado, pursuant to the provisions of-Chapter 217, 1949 Session Laws of Colorado that the following described portion of street - - situate in the County of Jefferson, and State of Colorado, be.-and'It is. - hereby- vacated subject to a reservation of easements-Por thecontinued use of existing sewer, gas, water or similar pipe-lines and eppurtenanoes., ex M 1ng ditch e e andappurtenances, existing electric,telephone and-similar lines and appurtenances, If any: - - The South 10 feet of the West 375 feet of Park Street as delineated on the Amended Plat-of Henderaon'a.. Amended _ Subdivision. s • x - _ bToTk;',OF D6LQR.Otr _ -CQt7HTY-OF JEFFER50N}~--= - ~I, Robert N[:-'""ton County Clark and Reoordor and~CierlC-'-i' to :the board OF County... missioners oertifv` thet :tha above-1e a - a'on-reCard'= in'°the_141nu18..B661K, s EXHIBIT 5__... City of Wheat~dge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: October 27, 2008 SUBJECT: MS-08-O1/ Reinhart Subdivision I have completed the third review of the Final Plat for the proposed Reinhart Subdivision located at 2690 Pierce Street received on October 17, 2008, and I have the following comments: I . At only 50.00' in width, the portion of Pierce Street Right-of-Way across frontage of this property is substandard for a collector street, and should be upgraded to the standard width of 60.00'. This increase of Right-of-Way is necessary to allow for proper roadway construction and maintenance for the corridor. Portions of the existing Pierce St. ROW in the vicinity of the subject property are already the standard 60' in width. Therefore, Public Works will not approve the plat without the 5.00' of needed ROW dedication along the Pierce street frontage. 2. Public Works recommends that 10.00' of ROW also be obtained along the W. 28d' Avenue frontage to bring this street ROW up to current standards as well. 3. PW acknowledges the applicant's position regarding the dedication of Right-of-Way for this property and the argument he's made regarding the dedication along the W. 28°i Avenue frontage. The fact that 10.00' of ROW has been previously vacated along this frontage may be a valid point. However in an effort to be forward thinking, PW still must recommend that 10' of ROW be dedicated so that (if necessary) the street can be properly constructed. 4. In addition, if Right-of-Way is obtained along either the Pierce Street or W. 28d' Avenue frontages, PW also highly recommends the dedication of a small area at the NW corner (at the intersection of the Pierce Street and W. 28°i Avenue Rights-of-Way). The area includes a curve having a 15.0' radius, and is necessary to allow for proper construction and maintenance of the federally mandated ADA ramps required at the intersection. 5. All previous comments have been addressed with the exception of the above-mentioned Right- of-Way dedications. Public Works finds the Final Plat to be approvable if the Right-of-Way dedication(s) were to be made a Condition of Approval before Planning Comrnission and City Council. 6. Please keep in mind that the following items will need to be submitted prior to recordation of the Mylar® with the County: a. Civil engineering plans showing a plan & profile for the curb, gutter, and sidewalk to be constructed across the two street frontages b. An itemized engineer's cost estimate for the above-mentioned public improvements. c. A Subdivision Improvement Agreement. d. A Performance Guarantee (Letter of Credit) in the amount of 125% of the approved, itemized cost estimate. OR 7. A Development Covenant restricting the sale or development of any part of the subdivision until such time as the above-mentioned items a through d have been submitted for review and approval. EXHIBIT 6 Reinhart Subdivision- approval ltr.doc ,.d _ - - - a W. 32ND AVE VISION °ETA~~ "A FOUND I S"' AC UM L iP /LLEG/BLE a ~ 1 9 o~ ~ 1 ~ 9~ ~ 1 ~t Henderson's Subdivision, "'6~~°855°" r ~ a3 0 ~ ~D h, Range 69 West of the 6th P.M. m ~ = w~ W. 29TH AVE CWT D o PROJECT z ~ SITE Q r--, ~ ~ ~ ~ W. 2 6TH A VE Q UUU~I= U W n~~~ w W. 24TH AVE nnn II II W. 22ND AVE VICINITY MAP SCALE: 1 "=1000' OWNERSHIP CERTIFICATE: I, DAVIS REINHART, BEING OWNER(S) OF REAL PROPERTY CONTAINING 0.68 ACRES DESCRIBED AS FOLLOWS: THE NORTH ONE-HALF OF LOT 2, BLOCK 8, AMENDED PLAT OF HENDERSON'S SUBDIVISION, EXCEPT THE EAST 187 FEET, AND EXCEPT THE SOUTH 6.5 BEET OF THE NORTH ONE-HALF, TOGETHER WITH THAT ADJOINING VACATED PORTION OF PARK REINHART SUBDIV A Re-Plat of a portion of Lot 2, Block 8, Amended Plat Located in the Southwest 1/4 of Section 25, Township 3 South, City of Wheat Ridge, County of Jefferson, Stat Sheet 1 of 1 STREET, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO. s~ _ HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF REINHART SUBDIVISION, A SUBDIVISION OF SCALE 1 "=5' APART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED AND/OR D Fou ~ %«E MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR ANO REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT 15 NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AN(7 SANITARY CC1At~f~ I ITC taVf1RA~ITC CT(11~AA \A/ATG'Q CYCTG'AAC e~in PIP~C f1~T~~iTi(l~l Di1nIt1C oninir uiaano ~.lt_~~L_1\ I II YI~J~ 11 I V1\/-l1Y 1 J~ i VI\IVI •x/11 L1\ 1.! 11_IVi lllvV 1 11 L~l~ VL IL~v IIV1~ 1 VIVVJ~ ~o ~ ~ ~ 5' UTILfTY EASEMENT ~ ~ ~ o 4. PER FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD ~.C~OD ~NSURANE RATE NEAP, CMM~INT PAN STREET LIGHTS AND ALL APPURTENANCES THERETO. o I I w c~ cn Y o ~ N0. 085079 0214E, DATED JUNE 17, 2003„ THE ~UBJE o w 500-YEAR FLOOD PLAIN). SUBJECT PARCEL ~S W~TNIN ENE X {~TI[~E TF~E o I 5' UTILITY EASEMENT ~ I i~ ~ w OWNER: 0 °D ° FND. IRON PIN DAVIS REINHART z~ ~ 10' UTILTIY EASEMENT-~•--~ o m Q 10 UTILTIY EASEMENT ( o~ I °o z 5. TEN-FOOT 10' WIDE EASEMENTS ARE HEREBY GRANTED cv W W/ CAP STAMPED: PUBLIC STREETS AND FRONT AND REAR PROPERTY LINE ~ A ~ I Tr- t"'"e n ~ ! r, r-~ 1 r e A m°s-r-- r-~ r-~ r-. r-- , 2690 PIERCE STREET a = "LANE ENG SRV INC 16837" PLATTED AREA. FIVE-FOOT (5') WIDE EASEMENTS ~aRE J ADJACENT TO ALL SIDE LINES OF EACH LOT IN THE SU EASEMENTS ARE DEDICATED FOR THE INSTALLATION, MA WHEAT RIDGE, CO 80214 (303) 433-5416 ~ ~ 10' UTLITY EASEMENT i 10' UTLITY EASEMENT ~ - _ STA1"E OF COLO~ADU ~ ~ I ~ _ _ _ GAS, TELEVI~tON CABLE, DRAINAGE AND TEL€COMMUN~~ PERMITTED WITHIN ANY ACCESS EASEMENTS AND F~RIVA STRUCTURES AND WATER METERS SHALL NOT BE FERMI S.S. N89°39'51"E J L_ BOUNDARY CORNER NO. 4 ~ . \ COUNTY OF JEFFERSON 25.00,' SEE DETA/L "B" 108.00 80. $7 I S89°39'53"W 188.47' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF _ - c n nnnnnir.~n -rte r...- ...-r., A.D., 20 BY POINT OF BEGINNING 6.5' BOUNDAR ~ SOUTH LINE OF THE sEE NORTH HALF OF LOT 2 WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: _ I~ NOTARY PUBLIC ~ I ~ PART OF ra ~ ~ LOT 2, BLOCK 8, AMENDED PLAT LEGAL DESCRIPTION: ~ ~ HENDERSON'S SUBDIVISION ~a A PARCEL OF LAND BEING THE NORTH ONE-HALF OF LOT 2, BLOCK 8, AMENDED PLAT ~ FND. IRON PIN R-1 ZONING r _ OF HENDERSON'S SUBDIVISION AS RECORDED IN BOOK 7, PAGE 23 IN THE RECORDS OF ~ W/ CAP STAMPED: ~ "LANE ENG SRV INC 16837" THE JEFFERSON COUNTY CLERK AND RECORD'S OFFICE, EXCEPT THE EAST 187 FEET, AND EXCEPT THE SOUTH 6.5 FEET OF THE NORTH ONE-HALF, TOGETHER WITH THAT ADJOINING VACATED PORTION OF PARK STREET, SITUATED IN THE SOUTH "LEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO. ~ ~ SOUTH LINE OF THE NORTH OF SOUTH HALF OF ~ LOT 2, BLOCK 8, BEING MORE PARTICULARLY DESCRfBED AS FOLLOW: AMENDED PLAT OF HENDERS POWT OF COMMENCEMENT r COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 25, THENCE NORTH 00°20'09" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUA~TER, A R - DISTANCE OF 488.94 FEET. THENCE NORTH 89°39'51" EAST, A DISTANCE ~3F 25.00 FEET TO A POINT ON THE WEST LINE OF THE NORTH HALF OF SAID LOT 2, SAID POINT - - , j._, ALSO BEING THE POINT OF BEGINNING; i~ - _ a ~ ~ THENCE NORTH 00'20'09" WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE 1 OF 155.98 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 28TH AVENUE; THENCE NORTH 89°39'53" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 188.47 FEET; L s THENCE SOUTH 00°20'09" EAST, A DISTANCE OF 155.98 FEET; 1. THENCE SOUTH 89'39'53" WEST, ALONG A LINE PARALLEL WITH AND 6.5 BEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 2, A DISTANCE OF 188.47 POINT #16881 BOUNDARY CORNER CITY OF WH FEET TO THE POINT OF BEGINNING; SOUTHWEST CORNER OF SECTION 25, T.3S., R.69W., 6TH P.M. N0. NORTHING j SAID PARCEL CONTAINS 29,398 SQUARE FEET OR 0.68 ACRES MORE OR HESS. 0 FOUND 3 1 /4" BRASS CAP IN RANGE BOX } Q STAMPED: PLS 23047 ~ 701185.57 ~ i y a PLANNING COMMISSION CERTIFICATE: NORTHING: 700540.51 FASTING: 121111.43 ~ 701186.67 } a - J APPROVED THIS DAY OF BY TIE 3 701030.69 4 WHEAT RIDGE PLANNING COMMISION. 4 701029.59 Q Z CHAIRPERSON 0 m W L LEGEND w CITY CERTIFICATE: 1 ~ w = U C~ FOUND MONUMEN I AS NOTED APPROVED THIS DAY OF BY THE PREPARATION DATE: 01-25-08 o WHEAT RIDGE CITY COUNCIL. 0 SE1 I nNfz-,#-~ERAR WITH W m ATTEST REVISIONS: 00 NO. DESCRIPTION DATE 1 CITY COMMENTS 4-17-08 2 CITY COMMENTS 9-2g-0 8 o ~ CITY CLERK MAYOR HARRIS KOCHER SMITH o o z u') N O e n g i n e e r s l a n d s u rveyors DIRECTOR OF COMMUNITY DEVELOPMENT 0 0 w 30 0 30 60 1391 Speer Blvd. - Suite 390 = LL p F- Denver, Colorado 80204 Wxo DIRECTOR OF PUBLIC WORKS PLAN SCALE: 1 "=30' Phone (303) 623-6300 Jo~ LLZy Fax (303) 623-6311 SURVEY EXHIBIT I .10, PROPOSED UTLITY EASEMENT w o O) Co r7 N v C9 N Z F - Of I LIJ . al w w in I ~ N O o 00 N Lil C) U O M o,W o d Z 1-_ W. 28TH AVE. (40' R.O.W.) , ---v 15. 1 ( HOUSE FENCE 15.6 " 1 I I 7 .T PA 770 j i L. - 00 1 i I 2 Q I Lr 41 f DECK I I PROPOSED LOT 1 00 16,027 S.F FENCE 0.37 ACRES t ' PROPOSED o I 0 5 UTILIT Y EASEMENT z _ PROPOSED I I I 10' UTILTIY EASEMENT I I 108.00' PROPOSED LAND USE EASEMENT 188.47' A.M (188.00' REC.) t ' . 99.47' '.D!?lliE N ..6YA.Y'"; i 00 ~ rn GARAGE Ln ~ I w 00 N dl PROPOSED I o dI LOT 2 of 13,371 S.F o ~I 0.31 ACRES .f PROPOSED LOT LINE PLANTER'S I Is I J -----------I , 80.47' 1 S89'39'34"W 188.47' I 30 0 30 60 PLAN SCALE: 1"=30' P:\0)1213\LDD-09121]\SURVEY\SURVEY-E%HISITOWG LAYOUT. LAYOUTI SURVEY EXHIBI1 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED TO DEPICT ONLY THE LOCATION OF THE STRUCTURES. DATE: M-2l-Of K l S ARRIS MITH DcslcN:p.Es OCHER CHEOKED:445 EXHIBIT 8 13391 91 Speer r Blvd. - Suite 390 SHEET No. Deriver, 00 0 3) 62 -63 3-6300 P (303) 62 0 1 F.. Fax (303) 623-6311 1 OF f edif ice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Nov. 4, 2008 Davis B. Reinhart, news PRINIPAL dreinharl®edificecm.com Meredith Reckert Community Development City of Wheat Ridge 7500 West 29d' Ave. Wheat Ridge, Colorado 80033 Re: Minor Subdivision Plat 2690 Pierce Street Dear Ms. Reckert, I have received your plat comments Dated March 18, 2008 as well as the attached correspondence from Wheat Ridge Public Works, Wheat Ridge Sanitation and Consolidated Water. My responses follow: Letter from Wheat Ridge Community Development: Comments I through 6 have been addressed in the attached revised submission. Comments #7 and 8 -"Please show a five foot wide right-of way dedication for Pierce Street and Designate it as being designated by this plat". And "Please show a 10 foot wide right-of way dedication for 28a' Ave and designate it as being dedicated by this plat. The Applicant makes the Following 4 Variance Requests: General Comments It is possible to construct 2 fully conforming lots on the existing property. To do so would require the demolition of the existing garage and/or trimming the existing house. The existing garage is brick matches architecturally the adjoining structure. Prior to making the submission the applicant met with the planning department who suggested the alternative shown on the plat. No public benefit was perceived in the removal of the garage and damage to the structure. It is of additional note that a prior to the applicant's purchase of the property was illegally subdivided carving 40 ft. off the east side of the lot reducing the frontage from 228 to 188% This is being used as a drive entrance to the back of the adjoining property. From the street the Lot 2 appears to be 145 feet wide. EXHIBIT 9 edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, mere PRINCIPAL droinhart@edificecm.com A fully conforming lot requires demolition of the garage and/or removing 2 back of house I I 14iroe.;;~h4~P. '1015. HOUSE ENC I /S I PA no I 1 LL rol ~I I DECK I PROPOSED LOT 1 I 16,027 S.F FENCE N 0.37 ACRES t C)I PROPOSED ' C) 5 UTILITY EASEMENT IOO.Y/ X.M \•vv.vv 99.47' N ~Dk1V£ N I :wny I ro IN GARAGE I N I I -1 I w ro vl PROPOSED j o Yl rl LOT 2 I N Mot 13,371 S.F I C '-I 0.31 ACRES f ~ I PROPOSED I I LOT LINE I I PLANTER'S i I- - - - -v -1 edif ice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis H. Reinhart, mses PRINCIPAL dreinhart@ediflcecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property is large enough for 2 complying lots. It is consistent with the goals of the NRS to encourage building modern single family homes in the current neighborhoods. Creating this sub-division without a variance requires the removal of the garage and/or removal of the west most corner of the existing brick house. These costs likely preclude reinvestment in the property. B. The variance would not alter the essential character of the locality. The existing house and garage are all brick and are a traditional architecture. The removal and replacement of the garage and replacing the end gable would not be consistent with the current character of the house and the neighborhood. In addition, this activity is likely to damage the existing mature vegetation. The variance does not alter butpreserves the neighborhood character. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Removal of garage and reconstruction of the house represent a prohibitive cost to development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. The existing structures the are inclose proximity to the logical property boundary. Strict conformance with the zoning setback for the existing structures the hardship having to demolish the existing garage and modem the house. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. This unique problem was created when previous owners cut a sliver parcel off the west end of the lot. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be petpetuated and is detrimental to none of the factors listed above. edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, MOPE PRINCIPAL droinhart@edificecm.com G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. The unusual circumstance is unique to this lot however the H. Granting the variance would be a reasonable accommodation to a person with disabilities. Non applicable I. The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on this subject. edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, Msrs PRINCIPAL dreInbart@edlticoem.com III) Dedication of 5' of MOM of Way on Pierce St. General Comments Pierce Street is a completed roadway. It has full built out street lanes with an open street section on the east side of Pierce from 26th Ave to beyond 32 Ave. It is in a fully developed neighborhood with no growth possible to lead to higher traffic flows. The semi-rural open section frontage is considered a plus by many in the neighborhood. There is neither Wheat Ridge Planning Department nor Wheat Ridge Public works plans to change the essential character of the street. If this variance is denied, the right of way on this property will not match the remaining properties on Pierce Street. If improvements were to be made the wood fence and all the mature trees would have to be removed. Finally the imposition of right of way dedication on Piece Street will aggravate the lot frontage problem on 28th Ave by narrowing the frontage to 183 ft. Mature Trees alone the fence line on Pierce Street EXHIBIT 10 edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, msps PRINCIPAL dre in ha rued i i i cec m. com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property in question can yield a reasonable return without this variance B. The variance would not alter the essential character of the locality. The variance preserves the existing character of the neighborhood. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Not granting of the variance would impose an unnecessary burden on the development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. There is no unique physical condition on the site. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Not Applicable. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. If the variance is denied it this property will have different configuration than all the other properties on the east side of Pierce Street between 26'4 H. Granting the variance would be a reasonable accommodation to a person with disabilities. Not applicable I. The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on the issue edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis D. Reinhart, mees PRINCIPAL dreinhart@edificecm.com M Dedication of 10' of Right of Wav on 281h Ave General Comments 2e Ave. is a completed roadway. It has fill built out street lanes. 28th Ave is only 2 long. Most of the street, including the entire southern edge, is has an open street section There is neither Planning Department nor Public works plans to change the essential character of the street. The semi-rural open section frontage is considered a plus by many in the neighborhood. If this variance is denied, the right of way on this property will not match the remaining properties on the street. The new house will be built with a different set back from the rest of the houses on the street. Finally, the city vacated the right of way in question prior in recognition that the right of way served no public purpose. There has been no change in circumstances since to justify forced taking of the property as a part of the plat process. edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis H. Reinhart, Maps PRINCIPAL dreinhart@edificecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property in question can yield a reasonable return without this variance B. The variance would not alter the essential character of the locality. The variance preserves the existing character of the neighborhood. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Not granting of the variance would impose an unnecessary burden on the development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. There is no unique physical condition on the site. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Not Applicable. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. Failure to grant the variance will mean that this property is does not match set backs or street section with the rest of the street. G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. All of the properties on the east side of Pierce Street have this condition. If the variance is denied it this property will have different configuration than all the other properties on the east side of Pierce Street between 26Th H. Granting the variance would be a reasonable accommodation to a person with disabilities. Not applicable L The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on the issue edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, Maps PRINCIPAL dreinhart®edif icecm.com Please let me know if there is anything more I can do to move the process forward. Thank you for your assistance in this matter. Sincerely, Davis B Reinhart MSPE POSTING CERTIFICATION CASE NO. PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One) HARING DATE: 1, residing at _o_ as the applicant for Case No. Public Hearing at (location) on this day of 20 , and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature. NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Department of Planning and Development. eAplanning\f Rev. 6/6101 R I T m R 1 W 48TH A VE g 4 AT zsb9 ' .W2-8413 ro g - ~KENOAtb' n xsss ~0 zrm zesz , sxEEr R -1 SA 6~ 6 0 MINOQ a - R- ; g ame) (address) hereby certify that I have posted the Notice of CITY LIMITS WILSON FRANK L HERGENRETER STAN R JOSHUA M LEVY LEV KEARNEY ELISE HERGENRETER SHARON PIERCE ST 2801 2845 OTIS CT 2835 NEWLAND CT WHEAT RIDGE CO 80214 -TIEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7008 0150 0003 4502 8061 7008 0150 0003 4502 8078 7008 0150 0003 4502 8085 ,I C GLOTHLEN CECIL T PHILLIPS PATRICIA A 8O MC GLOTHLEN SALLY D 2830 QUAY ST T O 80214 2835 OTIS CT WHEAT RIDGE CO 80033 "TEAT RIDGE CO 80214 0150 0003 4502 8092 7008 0150 0003 4502 8115 7008 0150 0003 4502 8108 SELBY CLIFFORD A R- RENCEHAUSEN ARTHUR L SELBY JOY R U 2830 2810 PIERCE ST 8802 W PHILLIPS DR WI'IDPO WHEAT RIDGE CO 80214 LITTLETON CO 80128 7008 0150 0003 4502 8139 7008 0150 0003 4502 8146 7008 0150 0003 4502 8122 KELVEY RUTH M LARSON GWEN A JACKSON KRISTINE C JOHNSON MARLENA RAE 6645 W 28TH AVE 2820 QUAY ST 2765 PIERCE ST WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80033 AxTEAT RIDGE CO 80214 7008 0150 0003 4502 8177 7008 0150 0003 4502 8153 7008 0150 0003 4502 8160 RAU JOHN P HUGHES MYRNA J HAYNES DANIELLE M RAU BETTY L 2800 PIERCE ST 2805 OTIS CT 2800 NEWLAND CT WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE C080214 7008 0150 0003 4502 8191 7008 0150 0003 4502 8207 7008 0150 0003 4502 8184 THRUN DAVES DURAN ELIZABETH M 2800 QUAY ST THRUN LINDA J 2780 QUAY ST WHEAT RIDGE CO 80033 PIERCE ST 2 2 751 CO 80214 IEPI RIDGE WHEAT RIDGE CO 80033 7008 0150 0003 4502 8214 7008 0150 0003 4502 8238 COIL DARLENE 7771 BRENTWOOD ST ARVADA CO 80005 7008 0150 0003 7008 0150 0003 4502 8221 VIT I AC KELLEIGH WALTER V VITALI MARILYN K KELLEIGH FAITH 6670 W 28TH AVE 6680 W 28TH AVE 4502 8245 HEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 70 HARTLEY LESTER E HARTLEY DONNA L 6710 W 28THAVE WHEAT RIDGE CO 80214 7008 0150 0003 45x2 FUJIMOTO HARVEY A FUJIMOTO MASCHA K 2720 QUAY ST WHEAT RIDGE CO 80033 7008 0150 0003 4502 BASYE DORREEN R 2700 QUAY ST WHEAT RIDGE CO 80033 08 0150 0003 4502 8269 7008 0150 0003 4502 8252 REINHART DAVIS ERNEST SCOTT 2690 PIERCE ST 2670 PIERCE ST WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 8276 17,008 0150 0003 4502 8290 7008 0150 0003 4502 828 8306 7008 0150 0003 4502 8337 ROBINSON GEORGE J ROBINSON E PARK 2661 NEWLAND ST :EAT RIDGE CO 80214 y IIV ARA ALV'NII BARA LE 26651; C DENY 7008 0150 0003 4502 8320 7008 0150 0003 4502 8313 HELLWIGTIMOTHY 0 STACEY HIATT RHONDA J 2640 QUAY ST 2650 PIERCE ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 7008 0150 0003 4502 8351 71108 0150 0003 4502 8344 LOVETT STELLA LOVETT NOEL 2655 NEWLAND ST WHEAT RIDGE CO 80214 7008 0150 0003 4502 ANDREWSNANCY ANNE CRAIL BEVERLEY G 6653 W 26TH AVE WHEAT RIDGE CO 80214 STIGALL FLORENCE G LIFE ESTATE 2680 QUAY ST WHEAT RIDGE CO 80033 ARMSTRONG LARRY EDWARD 2655 PIERCE ST LAKEWOOD CO 80214 8368 7008 0150 0003 4502 8382 7008 0150 0003 4502 8375 BERBERT KARRYL S MORENO RICHARD LOUIS 6655 W 26TH AVE MORENO VANESSA G WHEAT RIDGE CO 80214 6671 W 26TH AVE WHEAT RIDGE CO 80214 7008 0150 0003 4502 ni-ii 7008 0150 0003 4502 8405 HELLWIG TIMOTHY O WOLF FRANCIS A HIATT RHONDA J WOLF MURPHY SHAWN D 2650 PIERCE ST 6795 W 26TH AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 7008 0150 0003 4502 7008 0150 0003 4502 8436 84 WINANS EUGENE P PINO MIKE 7795 E NAPA PL 2660 QUAY ST DENVER CO 80237 WHEAT RIDGE CO 80033 7008 0150 0003 4502 8450 KRENE DE C S DE 0214 7008 0150 0003 4502 8467 7008 0150 0003 4502 8481 7008 0150 0003 4502 8412 2660 PIERCE ST WHEAT RIDGE CO 80214 7008 0150 0003 4502 8443 JENSEN THOMAS P JENSEN CECELIA A 6631 W 26TH AVE WHEAT RIDGE CO 80214 7008 0150 0003 4502 8474 ei¢a City of ®~7Vheatl ,dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29V'Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE November 6, 2008 Dear Property Owner This is to inform you of Case Nos. MS-08-01 & WA-08-14 which are requests for approval of a 2-lot minor subdivision plat with a 4' lot width variance and a 4.3' side yard setback variance for an existing garage and a waiver of street dedication requirements for property zoned Residential- One (R-1) and located at 2690 Pierce Street. This request will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on November 20, 2008 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. ms0801&wa08l4.doc www.ei.wheatridge.co.us NW25 N W J l el el l ml gl gl -1 g1 gl l I gl $ s I el gl ^I I ml -'I i^ eI ^I ~i xi °I L_ I lf9ENe b pal a o+s n y g. "M"~ m g m g i gOCK H I 0 8 ° rc ans ansas g-' td $ a ^ i L I~ i ass $ F. tS1 m W 313TAV y„ ° Z g R e fb 8 m S J 'a g^ g p 3 m m W 31ST AVE $ $ S w^ i 3 0 n „ g m -Z- ms- 5U13 R-1 m ' g $ -lA w30T ° m m w3orH AVe G F E 6' x m g W m Zm m 3015 9 W3UH AV n g W 4 ~ g $ N > ~ Z 4p „ m g ° g - _ m ~ g a „ g ~ q „ aae 5 B W2 HPL g -x30 a p $ 72 w a m _U ° p m STITES FIR5T 5PAM511 A 3 ° PARK ASSEMBLY OF GOD 2 $ N~ „ o n > 5U5 a', a x g W39TH AVE $ m rv p Z e Q w2eTn PL ~ ~ ~ ~ ~ et w H ^ U n p z W ID OL $ ~ $ m ~ W ~ ~ S g ~ a SOS n g p 3 n 3 U u o[„m <p n EDGEWATER LC I MINOR a 6t v Q ~i OFFICIAL ZONING MAP WHEAT RIDGE COLORADO PARCEIAOT BOUNDARY (DESIGINATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) SW 25 0 100 207 '00 900 rld lmmmmm~ N W 3 E i 3 3 ~wxrgr DEPARTMENT OF MAP ADOPTED: June 15, 1994 '°x>°° PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 m ~ ooooo0000000000000~0000 0 00000000000 00000000 ~ WWWWWWWWWWWWWJfWq(WgWfq WWWD(W W q WWW W WWWWWN(WOWf/1WNWWW WWWWWWWW N ¢ K d d d K d' K K K K K K K K d' K K~ K K K K K K K K K K K K d d K K d d d K K K K K PPePeMePPMPePPPMPMPePPePM PMPPPMPPPPP PPMPeMPP N NNNNNO NNNONNNNNONONNNNNN NONNNONNNNN NNONNONN m m m m m m m m m m m m m om m m m w m m m m m m V 0000000000000000000000000 00000000000 00000000 W UUUUUUUUUUUUUUUUUUUUUUUUU WWWWWWWWWWW WWWWWWWW WWWWWWWWWWWWWWWWWWWWWWWWW WWWWWWWWWWW WWWWWWWW ('J W' W W W' ~ W W' W~ W w~ W w w~ W W W w w~ W W W W W W W W W W W W W w W W W C7 W w ❑❑❑❑❑❑❑❑❑0000❑0000❑0❑❑000 00000000000 00000000 d'KKWKKKKKWWKWKKKWKKKO:KKKW ¢rc¢rc¢¢¢rc¢¢n: KKKKQ:KdK r r r r r r r r r r r r r r r r r r r F- r r r r r r r r r r r F- r r r r r r r r r r r r w w ug ug g u~ ~ u~ ~ ug tg g g uQl g g w g g ug g g al g w X u u u u u u u u u u u u u 3333333333333333333333333 33333333333 33333333 a w wwW wWW w ww F ~UUtrq UtrgNUNNtrp WUt; N 5t;OW<t5 to to to urn to tn uit3 QQQN NNWQWw<< Z Z Z 0 0 5 5 5 ScW,S ~x2x-Zcwi cwi c0 cwi cwix 5cwi v cwixx2cwiz acwi xcwi xx W S0 E1 y > > y > r U w W~ wcn F W W Q W W W W w W W i J J W W J r W !I! r D !Y N N N W Q W W J N N N W Q J N w r J J N`" n dOZd00d0d0d zaOaaaa d>a>dazazaa d>dda aa v 3 333 333 3 33 m m .OWOWO0.OO. 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All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following cases shall be heard: Case Nos. MS-08-01 & WA-08-14: An application filed by Davis Reinhart for approval of a 2-lot minor subdivision plat with a 4' lot width variance and a 4.3' side yard setback variance for an existing garage for property zoned Residential- One (R-1), located at 2690 Pierce Street, and legally described as follows: A PARCEL OF LAND BEING THE NORTH ONE-HALF OF LOT 2, BLOCK 8, AMENDED PLAT OF HENDERSON'S SUBDIVISION AS RECORDED IN BOOK 1, PAGE 23 IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORD'S OFFICE, EXCEPT THE EAST 187 FEET, AND EXCEPT THE SOUTH 6.5 FEET OF THE NORTH ONE-HALF, TOGETHER WITH THAT ADJOINING VACATED PORTION OF PARK STREET, SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 25, THENCE NORTH 00°20'09" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 488.94 FEET. THENCE NORTH 89°39'51" EAST, A DISTANCE OF 25.00 FEET TO A POINT ON THE WEST LINE OF THE NORTH HALF OF SAID LOT 2, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 00°20'09" WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 155.98 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 28TH AVENUE; THENCE NORTH 89°39'53" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 188.47 FEET; THENCE SOUTH 00°20'09" EAST, A DISTANCE OF 155.98 FEET; THENCE SOUTH 89°39'53" WEST, ALONG A LINE PARALLEL WITH AND 6.5 FEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 2, A DISTANCE OF 188.47 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 29,398 SQUARE FEET OR 0.68 ACRES MORE OR LESS. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., MONUMENTED AT THE WEST QUARTER CORNER BY A 3 1/4" BRASS CAP PLS 32429 AND AT THE SOUTHWEST QUARTER CORNER BY A 3 1/4" BRASS CAP PLS 23047, AS BEARING NORTH 00°20'09" WEST. Kathy Field, Administrative Assistant ATTEST: Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: November 6, 2008 A City of WheatRidge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: October 27, 2008 SUBJECT: MS-08-0I/ Reinhart Subdivision I have completed the third review of the Final Plat for the proposed Reinhart Subdivision located at 2690 Pierce Street received on October 17, 2008, and I have the following comments: 1. At only 50.00' in width, the portion of Pierce Street Right-of-Way across frontage of this property is substandard for a collector street, and should be upgraded to the standard width of 60.00'. This increase of Right-of-Way is necessary to allow for proper roadway construction and maintenance for the corridor. Portions of the existing Pierce St. ROW in the vicinity of the subject property are already the standard 60' in width. Therefore, Public Works will not approve the plat without the 5.00' of needed ROW dedication along the Pierce street frontage. 2. Public Works recommends that 10.00' of ROW also be obtained along the W. 28`s Avenue frontage to bring this street ROW up to current standards as well. 3. PW acknowledges the applicant's position regarding the dedication of Right-of-Way for this property and the argument he's made regarding the dedication along the W. 28 lb Avenue frontage. The fact that 10.00' of ROW has been previously vacated along this frontage may be a valid point. However in an effort to be forward thinking, PW still must recommend that 10' of ROW be dedicated so that (if necessary) the street can be properly constructed. 4. In addition, if Right-of-Way is obtained along either the Pierce Street or W. 28,h Avenue frontages, PW also highly recommends the dedication of a small area at the NW corner (at the intersection of the Pierce Street and W. 28 h Avenue Rights-of-Way). The area includes a curve having a 15.0' radius, and is necessary to allow for proper construction and maintenance of the federally mandated ADA ramps required at the intersection. 5. All previous comments have been addressed with the exception of the above-mentioned Right- of-Way dedications. Public Works finds the Final Plat to be approvable if the Right-of-Way dedication(s) were to be made a Condition of Approval before Planning Commission and City Council. 6. Please keep in mind that the following items will need to be submitted prior to recordation of the Mylar® with the County: a. Civil engineering plans showing a plan & profile for the curb, gutter, and sidewalk to be constructed across the two street frontages b. An itemized engineer's cost estimate for the above-mentioned public improvements. c. A Subdivision Improvement Agreement. d. A Performance Guarantee (Letter of Credit) in the amount of 125% of the approved, itemized cost estimate. OR 7. A Development Covenant restricting the sale or development of any part of the subdivision until such time as the above-mentioned items a through d have been submitted for review and approval. Reinhart Subdivision - approval.ln.doc City 4 ' Wheatf~d COMMUNiTy DEVELOPMENT Memorandum TO: Dave Brossman FROM: Meredith Reckert DATE: October 16, 2008 SUBJECT: Case No. MS-08-O1/Reinhart Attached are the resubmitted documents for the Reinhart Subdivision with variances and waivers at 2690 Pierce Street. Please review and comment at your convenience. October 14, 2008 Meredith Reckert Community Development City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, Colorado 80033 Re: Minor Subdivision Plat 2690 Pierce Street Dear Ms. Reckert, r - io -<s,J ' Enclosed are 3 copies and a disk of the plat for the lot split at my property. This should resolve the issue between the city and my surveyor. As we have discussed, I do not believe that right of way dedication is appropriate for this site therefore it is not shown on the plat. It is my hope that we can now move forward with the public hearings. Please let me know if there is anything more I can do to move the process forward. Thank you for your assistance in this matter. Sincerely, -r Davis B Reinhart MSPE jedifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, mSPE PRINCIPAL dreinhart@edificecm.com {TEL} 303.534.1237 1 303.534.1247 1 FAx} ,.m a a W. 32ND AVE 0 a LO ~ D Lr i~ » .r i . " m ~ i r t _ ~ W. 29TH AVE 0 1 99 ~ r - - - - ~ A ■ 1■ ■ ■ f CW] D o a R ~ PROJECT Z ts C Q SITE Q r--~, ~ r--, r--, ~ ~ l ~ ~ W. 26TH AVE Q i e a ~JUUU= 1 S lru~ _ U W ~~n~ s ;l L w W. 24TH AVE Y 1 a - n . i i ~ ~ I II II i~ a J 0 W. 22ND AVE s- a, r 1 VICINITY MAP - SCALE: 1 "=1000' ,S 1 l .x v OWNERSHIP CERTIFICATE: I, DAVIS REINHART, BEING OWNER(S) OF REAL PROPERTY CONTAINING 0.68 ACRES l DESCRIBED AS FOLLOWS: i t' ` r, THE NORTH ONE-HALF OF SOT 2, BLOCK 8, AMENDED PLAT OF HENDERSO~J'S a =ice SUBDIVISION, EXCEPT THE EAST 187 FEET, AND EXCEPT THE SOUTH 6.5 FEET OF THE r ~ NORTH ONE-HALF, TOGETHER WITH THAT ADJOINING VACATED PORTION OF PARK ,f STREET, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO. • HAVE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWI~JG HEREON - , LY CONTAINED UNDER THE NAME AND STYLE OF REINHART SUBDIVISION, A SUBDIVISION OF i_ Ti f APART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY THESE PRESENTS DO ~ r, 1 1 DEDICATE TO THE CITY OF WHEAT RIDGE AND TNOSE MUNICIPALLY OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL I PROPERTY SHOWN AS EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATIOPJ, i t MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND SANITARY s i SEWER LINES. HYDRANTS. STORM WATER SYSTEMS AND PIPES. DETENTION PONDS. STREET LIGHTS AND ALL APPURTENANCES THERETO. I o ~ 5 UTILITY EASEMENT I Q Y z ~ a ~ w1 a ~ wV wl e I aw wl~l wi a wl ~ V 0 111 i ai ~ A a S/ 6®t~i V I ~ t { O V trl ~ V i t 1:. ~w/ v V _ non nQ~n~n n~~c ~ c n n °rcn ri in~c 1 ~ ~nn~ -ruc c~ a® ~cr Y~ it '~1 L.s.~ `-..ice 7 II !r- 1 R i - - - - - _ rJ -Ili 4=:.v vv ~s ~vv r ~s • w,r`,. ~ ♦i ~ ~ ` 1x1/ ~I i `JVIr11tl1U~ `~1 1 I ! / it ~1~F~ , r+.. / - - - - - - - - - - - - - - - - - _ :,:mss c o ~ W c~ ~ T.'~ T".'r 1 ~ _ ks •`V I 5' UTILITY EASEMENT ~ ~ °a~ ° ° i ~ 10' UTILTIY EASEMENT-►I o m z°W 1~ OWNER: DAVIS REINHART 10' UTILTIY EASEMENT ( o~ o ~ _ i 2690 PIERCE STREET WHEAT RIDGE, CO 80214 J j (303) 433-5416 0 i 1 ~ I fin' i iT` -rY ~q~FnnEr~~ ; °I r- 1~' UTI_ITY EASEMENT ~ ~.r STATE OF COLORADO -`s~ S.S. N89°39'51"E ~L----------~ BOUNDARY CORNER NO. 4 , - ~ .yV.. COUNTY OF JEFFERSON 25.00,' SEE DETAIL B"' 108.00 80.47 L~ S89°39'53"W 188.47' ~ , i THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .2 - ~~i A.D., 20 BY ~ POINT OF BEGINNING 6.5~ BOUNDARY WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: i,. I '----SOUTH LINE OF THE sEE o NORTH HALF OF LOT 2 YI-" I I~ NOTARY PUBLIC PART OF LEGAL DESCRIPTION: ~ ~ LOT 2, BLOCK 8, AMENDED PLAT ~ HENDERSON'S SUBDIVISION rn A PARCEL OF LAND BEING THE NORTH ONE-HALF OF LOT 2, BLOCK 8, AMENDED PLAT ~ ~ END. IRON PIN R-1 ZONING s OF HENDERSON'S SUBDIVISION AS RECORDED IN BOOK 1, PAGE 23 IN THE RECORDS OF W/ CAP STAMPED: { `ti THE JEFFERSON COUNTY CLERK AND RECORD'S OFFICE, EXCEPT THE EAST 187 FEET, "LANE ENG SRV INC 16837" AND EXCEPT THE SOUTH 6.5 FEET OF THE NORTH ONE-HALF, TOGETHER WITH THAT F ADJOINING VACATED PORTION OF PARK STREET, SITUATED IN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL ~ ~ SOUTH LINE OF THE NORTH H I ~ OF SOUTH HALF OF MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, STATE OF COLORADO. 1~ ` LOT 2, BLOCK 8, ~ BEING MORE PARTICULARLY DESCRIBED f~S FOLLOW: f AMENDED PLAT OF HENDERS0 ~ COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 25, THENCE NORTH 00°20'09" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A ~ ` A 1 )1_ t~ r DISTANCE OF 488.94 FEET. THENCE NORTH 89°39'51" EAST, A DISTANCE OF 25.00 ~ ~4 y ~ f FEET TO A POINT ON THE WEST LINE OF THE NORTH HALF OF SAID LOT 2, SAID POINT ALSO BEING THE POINT OF BEGINNING; i" r h I • '.u_ _ THENCE NORTH 00°20'09" WEST, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 155.98 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WEST 28TH AVENUE; THENCE NORTH 89°39'53" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 188.47 FEET; y i THENCE SOUTH 00°20'09" EAST, A DISTANCE OF 155.98 FEET; f THENCE SOUTH 89°39'53" WEST, ALONG A LINE PARALLEL WITH AND 6.5 FEET NORTH POINT OF COMMENCEMENT OF THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 2, A DISTANCE OF 188.47 POINT #16881 BOUNDARY CORNER CITY OF WH SOUTHWEST CORNER OF SECTION 25, t.._ FEET TO THE POINT OF BEGINNING; f Y T.3S., R.69W., 6TH P.M. N0. NORTHING ~R_ ■ SAID PARCEL CONTAINS 29,398 SQUARE FEET OR 0.68 ACRES MORE OR LESS. FOUND 3 1 /4" BRASS CAP IN RANGE BOX 1 701185.57 i I4 STAMPED: PLS 23047 NORTHING: 700540.51 FASTING: 121111.43 t i.~ PLANNING COMMISSION CERTIFICATE: 2 701186.67 1 3 701030.69 APPROVED THIS DAY OF BY THE o WHEAT RIDGE PLANNING COMMISION. 1 n 4 701029.59 a z ~~r u:t CHAIRPERSON n L .It - J~ ~ LEGE LEGEND LL. CITY CERTIFICATE: w n r rn~~s~Q .n.~~.. ~dl.LAl'` AIl1 ~~'I'1 i _ . i Lij APPROVED THIS DAY OF BY THE v r I VVIVV IYIVIYVIYII- Ir 1 FAa1 Irv IL_LW cl- WHEAT RIDGE CITY COUNCIL. PREPARATION DATE: 01-25-08 a 0 SET 18" LONG #5 -REBAR WITH REVISIONS: s s ATTEST NO. DESCRIPTION DATE 1 CITY COMMENTS 4-17-08 2 CITY COMMENTS 9-29-08 30 0 30 60 HA-1D\--rD.,.-IS KOCHER SMITH a CITY CLERK MAYOR c j e n g i n e e rs I a n d s u rveyo rs ~ DIRECTOR OF COMMUNITY DEVELOPMENT 1391 Speer Blvd. - Suite 390 u LL a Denver, Colorado 80204 PLAN SCALE: 1"=301 Phone (303) 623-6300 DIRECTOR OF PUBLIC WORKS i Fax (303) 623-6311 3 •~a. v r r 'r ~r I: 1 I Ir, L: sb F i t ! r r r r r WY 28TH AVE. 12 r P(II U rn~ I SEE DETAIL 'IF l' ~r E~ t ~r ~r r ona CJ F-s3}._._- so" C (F.K.A. PARK City of ~J~Theat~~e COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building September 30, 2008 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Davis B. Reinhart Edifice Construction and Development Management 2027 W. Colfax Avenue Denver CO 80204 Dear Mr. Reinhart: This letter is in regard to your application for approval of a two-lot subdivision on R-1 zoned property located at 2860 Pierce Street. I have reviewed your resubmittal and have the following comments: Add the name, address and phone number of the property owner who will be signing the document. This is my oversight. Sorry I didn't catch it during the first review. All other comments from the Planning Division have been addressed. Staff acknowledges the receipt of your justification for the lot width variance and garage setback variances on Lot 2. The justification also addresses the requested dedication of right-of-way for both Pierce Street and W. 28th Avenue. Attached are comments from Dave Brossman, development review engineer, dated September 11, 2008. Once the changes have been made, please submit three copies of revised plats plus original redmarks. The public works department is also asking for an electronic copy of the plat with the next submittal. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner c: MS-08-01 www.ci.wheatridge.co.us City of Wheat Rdge COMMUNITY DEVELOPMENT Memorandum TO: Dave Brossman FROM: Meredith Reckert DATE: September 11, 2008 SUBJECT: Case No. MS-08-01/Reinhart Attached are the resubmitted documents for the Reinhart Subdivision with variances and waivers at 2690 Pierce Street. Please review and comment at your convenience. e~~a City of WheatRjdge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: September 11, 2008 SUBJECT: MS-08-O1/ Reinhart Subdivision I have completed the second review of the Final Plat for the proposed Reinhart Subdivision located at 2690 Pierce Street received on September 11, 2008, and I have the following comments. Please be advised that comments shown in red were previous comments from the 1St review: 1. Per Section 26-412 of the Municipal Code of Laws, the Legal Description shall include a metes and bounds description with section tie(s) on the current City Datum. The Basis of Bearing used is N00°20'28"W; the City-based bearing for this line = NO0°20'09"W. Please be sure they rotate all bearings as appropriate to meet this requirement prior to resubmittal. 2. They need to show 5.00' of ROW dedication along the westerly side and 10.00' of ROW dedication along the northerly portion of the subdivision, including a 15.0' radius at the NW corner by the intersection of Pierce Street and W. 28th Avenue. Show as "Area Hereby Dedicated as Public ROW by this Plat". 3. They need to include a completed copy of the Geodetic Surveying Requirements for Final Plats with the next submittal. 4. They also need to include a error of closure sheet for the subdivision boundary. 5. Please be sure they submit for review and approval two signed and sealed hardcopies and an electronic file of the Plat in AutoCAD (2000-2007).dwg format on CD-ROM with the next submittal. Reinba Subdivision-nmw2.1t,.doc edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT April 16, 2008 Meredith Reckert Community Development City of Wheat Ridge 7500 West 29"' Ave. Wheat Ridge, Colorado 80033 Re: Minor Subdivision Plat 2690 Pierce Street Dear Ms. Reckert, o ski'=' J I have received your plat comments Dated March 18, 2008 as well as the attached correspondence from Wheat Ridge Public Works, Wheat Ridge Sanitation and Consolidated Water. My responses follow: Letter from Wheat Ridge Community Development: Comments 1 through 6 have been addressed in the attached revised submission. Comments #7 and 8 - "Please show a five foot wide right-of way dedication for Pierce Street and Designate it as being designated by this plat". And "Please show a 10 foot wide right-of way dedication for 28 h Ave and designate it as being dedicated by this plat. The Applicant makes the Following 4 Variance Requests: I & Il) 5' Variance from required 100 It R-1 Lot width on Lot on 28th Ave. and Variance from the Side set back variance for the existing garage on lot 2 General Comments It is possible to construct 2 fully conforming lots on the existing property. To do so would require the demolition of the existing garage and trimming 14sq.ft. of the corner of the existing house. The existing garage is brick matches architecturally the adjoining structure. Prior to making the submission the applicant met with the planning department who suggested the alternative shown on the plat. No public benefit was perceived in the removal of the garage and damage to the structure. It is of additional note that a prior to the applicant's purchase of the property was illegally subdivided carving 40 ft. off the east side of the lot reducing the frontage from 228 to 188ft. This is being used as a drive entrance to the back of the adjoining property. From the street the Lot 2 appears to be 145 feet wide. Davis B. Reinhart, Mara PRINCIPAL drennhart@edificeem.eom fTEL1303.534.1237 303.534.1247 (FAX) ecmce CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart. MSPE PRINCIPAL dreinhart@edificecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. Removal ofgarage and reconstruction of the house represent a prohibitive cost to development of the site. B. The variance would not alter the essential character of the locality. Approval of the variance preserves the existing character of the neighborhood. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Removal ofgarage and reconstruction of the house represent a prohibitive cost to development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. 28`hAve frontage is 188ft. To create fully conforming lots one ofthe existing structures we have to be removed and the other unfavorably modified. . E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. This unique problem was created when previous owners cut a sliver parcel off the west end of the lot. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. The unusual circumstance is unique to this lot. H. Granting the variance would be a reasonable accommodation to a person with disabilities. Non applicable I. The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on this subject. {TEL} 303.534.1237 1 303.534.1247 {FAX} edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, msPE PRINCIPAL dreinhart@edificeem.com III) Dedication of 5' of Right of Way on Pierce St. General Comments Pierce Street is a completed roadway. It has full built out street lanes with an open street section on the east side of Pierce from 26`h Ave to beyond 32 Ave. It is in a fully developed neighborhood with no growth possible to lead to higher traffic flows. The semi-rural open section frontage is considered a plus by many in the neighborhood. There is neither Wheat Ridge Planning Department nor Wheat Ridge Public works plans to change the essential character of the street. If this variance is denied, the right of way on this property will not match the remaining properties on Pierce Street. If improvements were to be made the wood fence and all the mature trees would have to be removed. Finally the imposition of right of way dedication on Piece Street will aggravate the lot frontage problem on 28`h Ave by narrowing the frontage to 183 ft. Mature Trees along the fence line on Pierce Street {TEL} 303.534.1237 1 303.534.1247 [FAX} 01 ce Jea0 CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, MSPE PRINCIPAL dreinhart@edificecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property in question can yield a reasonable return without this variance B. The variance would not alter the essential character of the locality. The variance preserves the existing character of the neighborhood. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Not granting of the variance would impose an unnecessary burden on the development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. There is no unique physical condition on the site. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Not Applicable. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. If the variance is denied it this property will have different configuration than all the other properties on the east side of Pierce Street between 26:h H. Granting the variance would be a reasonable accommodation to a person with disabilities. Not applicable I. The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on the issue {TEL} 303.534.1237 303.534.1247 1FAXI edifice CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, msPE PRINCIPAL dreinhart@edificecm.com IV) Dedication of 10' of Right of Way on 28th Ave General Comments 28th Ave. is a completed roadway. It has full built out street lanes. 28th Ave is only 2 long. Most of the street, including the entire southern edge, is has an open street section There is neither Planning Department nor Public works plans to change the essential character of the street. The semi-rural open section frontage is considered a plus by many in the neighborhood. If this variance is denied, the right of way on this property will not match the remaining properties on the street. The new house will be built with a different set back from the rest of the houses on the street. Finally, the city vacated the right of way in question prior in recognition that the right of way served no public purpose. There has been no change in circumstances since to justify forced taking of the property as a part of the plat process. 1T€LI303.534.1237 1 303.534.1247 1FAXI JLeamce CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, msPE PRINCIPAL dreinhart@edificecm.com Formal Variance Criteria A. The property in question would not yield a reasonable return in use, service or income if permitted to be used only in under the conditions allowed by the regulations for the district in which it is located. The property in question can yield a reasonable return without this variance B. The variance would not alter the essential character of the locality. The variance preserves the existing character of the neighborhood. C. The applicant is proposing substantial investment in the property with this application, which would not be possible without the variance. Not granting of the variance would impose an unnecessary burden on the development of the site. D. The particular physical surrounding, shape or topographical condition of the specific property results in a particular or unique hardship (upon the owner) as distinguished from a mere inconvenience. There is no unique physical condition on the site. E. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Not Applicable. F. 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 of permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to the adjacent property, substantially increasing the congestion in the public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values in the neighborhood. Granting of the variance allows the existing condition to be perpetuated and is detrimental to none of the factors listed above. Failure to grant the variance will mean that this property is does not match set backs or street section with the rest of the street. G. The unusual circumstances or conditions necessitating the variance are present in the neighborhood and are not unique to the property. If the variance is denied it this property will have different configuration than all the other properties on the east side of Pierce Street between 26th H. Granting the variance would be a reasonable accommodation to a person with disabilities. Not applicable 1. The application is in substantial compliance with the applicable standards set for the in the Architectural and Site Design Manual. The Architectural and site design manual is silent on the issue {TEL} 303.534.1237 303.534.1247 1FAX) JLeamce CONSTRUCTION AND DEVELOPMENT MANAGEMENT Davis B. Reinhart, arsPe PRINCIPAL drei nhartfdedi ficecm.com Please let me know if there is anything more I can do to move the process forward. Thank you for your assistance in this matter. Sincerely, Davis B Reinhart MSPE F {TEL} 303.534.1237 1303.534.1247 {FAX} City of W heat j~idge - COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. March 19, 2008 Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Davis B. Reinhart Edifice construction and Development management 2027 W. Colfax Avenue Denver CO 80204 Dear Mr. Reinhart: This letter is in regard to your application for approval of a 14-lot subdivision on R-1 zoned property located at approximately 2860 Pierce Street. I have reviewed the plat and have the following comments: 1. Modify the city certification as follows: "Approved this day of by the Gity E) Wheat Ridge City Council. 2. Add a case history box with the following case number: MS-08-01. 3. Modify the name of the Surveying Certificate to Surveyor's Certificate. 4. Modify the Surveyor's Certificate to insert the name of the subdivision behind the words "boundary of'. 5. Add a note regarding zoning on the site (R-1). 6. Remove the "use easement" area and the companion note (note #6). 7. Please show a five foot wide right-of-way dedication for Pierce Street and designate it as being dedicated by this plat. 8. Please show a ten foot wide right-of-way dedication for W. 28th Avenue and designate it as being dedicated by this plat. If you would like to pursue a waiver of either of these dedication requirements, please submit written justification supporting the waiver request. OTHER ITEMS OF CONCERN 1. Proposed Lot 2 is substandard to the R-1 minimum lot width of 100' as measured from the minimum front setback of 30'. It appears to be 95' in width requiring a 5' lot width variance. Please provide a written explanation of the request in regard to the criteria used to evaluate a variance (attached). 2. Based on the drawing provided which details the location of the existing structures on Lot 2, it appears that the garage violates the required 15' setback requirement for side yards. Therefore, a variance will be required for this as well.. If you would like to include a variance request as part of the subdivision approval, please provide a justification in writing addressing the criteria used to evaluate a variance. Attached are the variance criteria referenced in number 4 above. Attached are referrals received from other city departments and outside agencies regarding the plat document. www. ei.w h ea tri dge.co.us Consolidated Mutual Water Company: See attached letter from Greg M Stoeder dated March 13, 2008. Wheat Ridge Lakewood Sanitation District. See attached letter from William A. Raatz dated March 14, 2008. City of Wheat Ridge Public Works Department. See attached package from Dave Brossman dated March 19, 2008. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. For clarification on any of these issues, please feel free to contact any of the Development Review committee members: Community Development Meredith Reckert 303-235-2848 Public Works Dave Brossman 303-235-2864 Traffic Engineering Steve Nguyen 303-235-2862 Once the changes have been made, please submit five copies of revised plan sheets and technical documents plus original redmarks. The public works department is also asking for an electronic copy of the plat with the next submittal. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. I will be out of the office from March 25 through March 28. Sincerely, Meredith Reckert, AICP Senior Planner c: MS-08-01 City of Wheat Ad PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29' Ave. March 19, 2008 Mr. George G. Smith, P.L.S. Harris Kocher Smith 1391 Speer Blvd, Ste 390 Denver, CO 80204 303.623.6300 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: First Review Comments of the Reinhart Subdivision Plat. Dear Mr. Smith, I have completed the first review of the above referenced document for the proposed Reinhart Subdivision located at 2690 Pierce Street received on March 10, 2008, and I have the following comments: Final Plat: v jj 1. Please provide on the graphical portion of the plat the Jeffco Reception Number or City Ordnance # for the "10' Road Vacation" shown along the southerly side of W. 28th Avenue. 2. Include a Case History Box, with Case No. MS-08-01 as redlined. 3. Wheat Ridge is 2 words; need to modify all references to the City of Wheatridge to City of Wheat Ridge. (Refer to redlined plans). 4. Rename the "Community Development Director" signature block to "Director of Community Development". 5. Adjust the text size of the Director of Public Works to match the other signature block text. --M- Um--er y ~e m ersec ion t "Area TTPrPhN rmdieaeed~s P 9~r~ky t' 's Plat>' Please submit for review and approval two hardcopies and an electronic file of the Plat in AutoCAD.dwg (2000-2007) format on either CD-ROM or send by e-mail. My e-mail address is: dbrossman(a)ci.wheatridge.co.us. www.ci.wheatridge.co.us '--t'}r'ase-re#at~al hPa*i g~ as a~ronrlate to meet mIS re urc~remeu~. Public Works Engineering March 19, 2008 Page 2 The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner File www.ci.wheatridge.co.us Reinhart Suhdivision - reviewLltr.doc Wheat Ridge Sanitation District 7100 West 44th Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 March 14, 2008 Ms. Meredith Reckert Community Development City of Wheat Ridge 7500 West 29 h Avenue Wheat Ridge, Colorado 80033 Re: Certificate of Sanitary Sewer Service 2690 Pierce Street City of Wheat Ridge Case No. MS-08-01/Reinhart Dear Ms. Reckert: rn This letter is in response to your request for confirmation of the availability of sanitary sewer service for the above development. By supplying this information, the Wheat Ridge Sanitation District (District) is not liable for the misidentification or misrepresentation of the property. The location of the property is based solely on the description provided by the requestor, and the District is not responsible for the way in which this information is used or disseminated. The property is entirely within the boundary and service area of the District. The District collection system in this area consists of an 8-inch sanitary sewer main line within Pierce Street to the west of the property. Treatment of sewage generated within the District is provided by the Metro Wastewater Reclamation District (Metro). The District will be able to serve the property with respect to sanitary sewer service. The District's Rules and Regulations are available to the owner upon request, and some general requirements from that document are highlighted below. Presuming another single family residence will constructed on Lot 2, it shall have an independent service line connecting to the sanitary sewer main line in Pierce Street and utilize one of the easements called out for on the re-plat. The service line shall be installed per the District's Rules and Regulations. The single family residence (if constructed) will be subject to the assessment of both District and Metro tap/permit charges. The 2008 tap/permit charges for each single family equivalent are $1,500.00 for the District and $2,150.00 for Metro ($3,650.00 total). Installation of a new service line will be subject to inspection by the District and paid for by the owner. The 2008 inspection fees are $100 per service line. Wheat Ridge Sanitation District 7100 West 440, Avenue, Suite 104 P.O. Box 288 Wheat Ridge, Colorado 80034-0288 Phone: 303-424-7252 Fax: 303-424-2280 The District requires that the owner provide additional information if and when plans for construction move forward. If you have any questions, please feel free to contact me at your convenience. My telephone number at Martin/Martin hic. is 303-431-6100 x322. Sincerely, William A. Raatz, P.E. Senior Project Engineer, Martin/Martin Inc. District Engineer, Wheat Ridge Sanitation District Cc: Sue Matthews - Wheat Ridge Sanitation District 5791 9? 3 ~~fvJ March 13. 2008 The City of Wheat Ridge Community Development Ms. Meredith Reckert 7500 West 29th .venue Wheat Ridge, Colorado 80033 Re: City of Wheat Ridge Case Number MS-08-01/Reinhart- 2690 Pierce Street Dear Ms. Reckert: This will acknowledge receipt of your correspondence dated March 6, 2008 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water Company by virtue of a Distributor's Contract with Denver Water. Domestic water service may be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by Denver Water. Our records indicate that the property addressed as 2690 Pierce Street is currently receiving domestic water from the Company through a 5/8-inch meter (CMWCo Tap Number 13761/Account Number 01000065-01). Domestic water service may continue to be ._provided to this property subject to compliance with the Company's rules, regulations and requirements for such service. The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers a remodel or building addition as a "change of use." The Company's rules, regulations, and requirements further state that each separate structure be served bya separate tap and meter, and in order to receive domestic water service, the property must also front a Company main. THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • P.O. Box 150068-• Lakewood, Colorado 80215 Telephone (303)238-0451 • Fax (303)237-5560 - City of Wheat Ridge Community Development Ms. Meredith Reckert March 13, 2008 Page 2 of 2 Fire protection requirements should be obtained from Wheat Ridge Fire District and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, Gre . toeder Water Distribution Manager Aw cc: Doug Saba, Wheat Ridge Fire Protection District Michael E. Queen, CMWCo President Scott Hatcher, CMWCo Project Engineer 's City of Wheat1 19e PUBLIC WORKS City of Wheat Ridge Municipal Building 7500 W. 29" Ave. March 19, 2008 Mr. George G. Smith, P.L.S. Harris Kocher Smith 1391 Speer Blvd, Ste 390 Denver, CO 80204 303.623.6300 Wheat Ridge, CO 80033-8001 P: 303.235.2861 F: 303.235.2857 Re: First Review Comments of the Reinhart Subdivision Plat. Dear Mr. Smith, I have completed the first review of the above referenced document for the proposed Reinhart Subdivision located at 2690 Pierce Street received on March 10, 2008, and I have the following comments: Final Plat: 1. Please provide on the graphical portion of the plat the Jeffco Reception Number or City Ordnance # for the "10' Road Vacation" shown along the southerly side of W. 28"' Avenue. 2. Include a Case History Box, with Case No. MS-08-01 as redlined. 3. Wheat Ridge is 2 words; need to modify all references to the City of Wheatridge to City of Wheat Ridge. (Refer to redlined plans). 4. Rename the "Community Development Director" signature block to "Director of Community Development". 5. Adjust the text size of the Director of Public Works to match the other signature block text. 6. Need to show 5.00' of ROW dedication along the westerly side and 10.00' of ROW dedication along the northerly portion of the subdivision, including a 15.0' radius at the NW corner by the intersection of Pierce Street and W. 28th Avenue. Show as "Area Hereby Dedicated as ROW by this Plat". 7. Per Section 26-412 of the Municipal Code of Laws, the Legal Description shall include a metes and bounds description with section tie(s) on the current City Datum. The Basis of Bearing used is NO0°20'28"W; the City-based bearing for this line = NO0°20'03"W. Please rotate all bearings as appropriate to meet this requirement. Please submit for review and approval two hardcopies and an electronic file of the Plat in AutoCAD.dwg (2000-2007) format on either CD-ROM or send by e-mail. My e-mail address is: dbrossmanAci.wheatrid e~ co.us. www.ci.wheatridge.co.us Public Works Engineering March 19, 2008 Page 2 The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer CC: Steve Nguyen, Engineering Manager Meredith Reckert, Senior Planner File www.ei.wheatridge.co.us Reinhart Subdivision - reviewl.ltr doc Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 The City of Wheat Ridge Community Development Referral Form Date: March 6, 2008 Response Due: March 24, 2007 The Wheat Ridge Community Development Department has received a request for approval of a two lot minor subdivision with a 5' lot width variance and a 4.3' side yard setback variance on Residential-One, R-1 zoned land located at 2690 Pierce Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: MS-08-01/Reinhart Request: Approval of a two lot subdivision on R-1 property with a 5' lot width variance and a 4.3' side yard setback variance. The property for which the subdivision is being requested is approximately .67 acres in size. The purpose of the request is for the sale and construction of a single family residence on Lot 2. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Meredith Reckert Voice: 303.235.2848 Fax: 303.235.2857 Email: mreckert@ci.wheatridge.co.us DISTRIBUTION: Water District (Consolidated Mutual) Sanitation District (Wheat Ridge) Fire District (Wheat Ridge) Wheat Ridge Parks & Recreation Department Wheat Ridge Building Division Wheat Ridge Police Department Wheat Ridge Public Works AT&T Broadband Qwest Communications Xcel Energy "The Carnation City" Vicinity Map "The Catenation City' SURVEY EXHIBIT 1_- I PROPOSED I10' UTLITY EASEMENT w v j)f (0-0 ~ d rn ~ (D N U' N ~I w.. ml 3~ V) ° 00 w N N o U O m 0 w v O n z W. 28TH AVE. (40' R.O.W.) , N89'3934" E 89.00' - - _N I --j I 75.'3' HOUSE FENCE co O~ Lo Lo PATIO L wl QI o, I DECK PROPOSED LAND USE EASEMENT GARAGE 188.47' A.M (188.00' RE 99.47' v N) -co 1 ~ Do ( PROPOSED LOT 2 13,371 S.F 0.31 ACRES t w co N 0 N 0 0 U) j PROPOSED I i LOT 1 J { i PROPOSED ' 00 I 16,027 S.F FENCE I f I LOT LINE r 04 N 0.37 ACRES I I PLANTERS °I N PROPOSED ' a i 5 UTILITY EASEMENT wl z I PROPOSED I 00 - 10' UTILTIY EASEMENT I of i I of I of w I I ~I I z - - - f L . a 108.00' 80.47' S89'39'34"W 188.47' 30 0 30 60 NOTE: PLAN SCALE: 1"=30' THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED TO DEPICT ONLY THE ILEPATH. P.\071211\LDO-071212\SVeVEY\SURVEY-EXHiBITOWO LAYOUT. LAYOUTI LOCATION OF THE STRUCTURES 0 XFEFs . LOTTED. THU 01121108 50525P BY: DAVE SCHFEFFLEB REVISIONS: ~T K S y NO. DESCRIPTION DATE OCHER MITH OCHER HARRIS OES'Nmts GHECKED:"S SURVEY EXHIBIT .toe 'z REINHART 1391 Speer BNE- Suite 390 Denver ColorOEO 80204 SHE NO , Phone (303) 623-6300 I Fax (303) 623-6311 9 y A f 0 5 3 c 6 y ,yya o i • M O• r f n Y e:~ o ^T_i o~ 3 •a 3 L .c N °a X a N n O w• 3 K n E o. pa a v 6 c O 0 m A m m w 0 N O V1 r a d 0 e O A m -~C O Q O m O M 7D~ MO go c Z G o A T [rl Z~ sy n -AnK k' 5•Ne P'. ~O~ m a0 r.nrm "a~'A Cr" `Z" co t~ ~••]w oo•a1 eo-~o3 ~,7 DmmA~o oQ~ ^R 77 z T (o ° y A ~ " fD T Ems' C w ie ~ ~ ~ o. w T C m pi N ~ ~ A C N' ~ m N ~ 7' S m, O ~ Oq S •-J• .°j' ~ ~ N Mwmpn ~.AO °A ..,O~N3 RCm Uc ~a w g-~, O~o:-n~4 o°m~o~of~t0'3mm ROC A~c o oN w tie (o .'p A o e , Ya ! omoE o9 (>4°+raRPS'BmN o mw In `-°•D a w e o Ro n a:o y rv ti n•d o o s m A Z n w c0-0, 6C.R p Ry `t a A 6 m V9 L m w pOp D a" p. .'t. T is F m to a°o~m='<~3m w~ S'o -e Er 9 m 'N Pi & ma p 'Q b a m rt H to m p (~'p A F• C,'6 C n rc w ? Otf L' am 'a fr'O rn p Lt r°e w 00 •e ~ R9~ H La y_. N 6 ~ A N A~ C O O~ N T• N L y ~ ~ q C ° ~ RDO ~ O^ ~ y w o w A~ w°~ o H S m~ n V m f v°i O w 6 6 A L 9i A yID n A 9 ^ ~ S ~ y 9 < 'dJ rp -.,O ~ yl ~ R, ~ `G m A S ~ A S R m AO -i A p wmp> `5 o r] g o - ~~~nA H ao<A HMO ~Z Om G c n rA O» ° eAe na° n O L. ~ lA O 3 a0 •'1• m 6 m mj N D "^j Qq .m} y .i C A Cw G i `G A ~ ~ A r N o o 0 0 V tSO D'0 O A m d n m .°r. SS ° H o R C M O O 6 ~ A O on O~fm n~o (n? ON=_ 0°RpN A ~ NVI~~ v _ A a ^ O O fi N .4 c A r d (D Opp A ~ Iy _ oaa OO ~ O - H a III.~~~.yyl N O - S 2 Q 0°' n:cV J b 3 3 2. o W C7 0 A L t=7 •A~• = r W a, S O ~ W O` C+] H rii w .y . r p o O 0 O 0- 0) 0 m H i{ rye O U3 O N ~ S ~ tL 6`G 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 Davis Reinhart Address 2690 Pierce St Phone 720-838-47 City Wheat Ridge State CO Zip 8021 4 Fax 303-534-1 947 Owner Davis Reinhart Address 2690 Pierce St Phone 720-838-47 City Wheat Ridge State CO Zip 80214 Fax303-534-1247 Address 26ca0 P St Phone 2_0_a3B_d73 Contact n u hart City Wheat Ridae State CQ ZiP 80214 Fax303-534-1247 (The person listed as contact will be contacted to answer questions 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 Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side O Change of zone or zone conditions O Special Use Permit O Consolidation Plat Q Subdivision: Minor (5 lots or less) O Flood Plain Special Exception O Subdivision: Major (More than 5 lots) O Lot Line Adjustment O Right of Way Vacation O Planned Building Group O Temporary Use, Building, Sign O Site Development Plan approval O Variance/Waiver (from Section ) O Other: Detailed description of request: Ra plat of a portion of 1 nt 2 Black 8, Amanrled Plat Henderson's Snhrli 'an Required information: Assessors Parcel Number: 1 cl7 S z 1 7 0 3 0 Size of Lot (acres or square footage): 0.67 r - Current Zoning: R-1 Proposed Zoning: p-1 Current Use: Residential Proposed Use: Ravi Aantial 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 - o er which approved of this action on his behalf. Signature of Applicant JOHN B. WARNICK NOTARY PUBLIC STATE OF COLORADO and sworn to me this 7,S day of R& 0 20 6B b' My commission expires 2-1~'vy My Commission Ex To be filled out by staCfff: 1 / pMM Date received / D O Fee $ U R eipt No. li VW W Case No. W Comp Plan Desig. Zenin ' l Quarter Section Ma Related Case No. Pre-App Mtg. Date Case ManagerQ,gd Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: File Location: Notes: Follow-up: MS0801- Quarter Section Map No.: SN' Reinhart Related Cases: 1 Davis Case History: -lot minor subdivision ame 2690 Pierce St. Review Body: IrC u heat Ridge, CO 80214 720-838-4735 APN: 139-253-17-030 same 2nd Review Body: 2nd Review Date: ame Decision-making Body: 2690 : Approval/Denial Date: Pierce street heat Ridge, CO 80214 Reso/Ordinance No.: Conditic of Approval: District: F Reckert ctive Date Received: . 3/3/2008 ~ 1 Pre-App Date: 1131108 CM' OF !;HEAT NINE 031,04/08 4.'22 PH edbb davls reiaha)A RECEIPT NO:CDBOG0001 AMOUNT FMSD ZONING REIMBURSEMENT 240.00 Zreiti FMSD ZONING APPLICATION F 800.00 Zone PAYMENT RECEIVED AMOUNT CK 3'&3 1,040.00 1 OTAL 1'040.00 PRE-APPLICATION MEETING SUMMARY Meeting Date: Attending Applicant(s): January, 31 2008 Davis Reinhart 2690 Pierce St. Wheat Ridge, CO 80214 Attending Staff: Meredith Reckert - Senior Planner Travis Crane - Planner II Adam Tietz - Planner I Site Address: 2690 Pierce St. Wheat Ridge, CO 80214 Existing Zoning: R-1, Residential One Existing Comp. Plan: Single Family Detached Residential not to exceed 4 DU's per acre, SF(4) Applicant/Owner Preliminary Proposal: The applicant is proposing to subdivide the lot into two smaller lots, keeping the existing home on the western lot. The existing detached garage would be preserved and would be located on the eastern lot. A new, single family home would also be constructed on the eastern lot with the garage being incorporated into the new home or remaining detached. The western lot would have frontage along Pierce St. and W. 28th Ave. while the eastern lot would have frontage only along W 28t Ave. Will a neighborhood meeting need to be held prior to application submittal? A neighborhood is not required for a minor subdivision. Existing Site Conditions: The property is located on the southeast corner of W. 28th Ave. and Pierce St. and is zoned R-1. The property has been developed into a single family home with a detached garage on a large lot. The R-1 zone disc ict was established to provide high quality, safe and stable low to density residential neighborhoods with single dwelling units and to prohibit activities of any nature which are incompatible with low density residential character. The majority of the area is zoned residentially, with most of it being comprised of low density, single family homes. The areas to the north south and east are all zoned R-1 and contain single family homes. The area to the west, just across Pierce St. is zoned R- 2. This area primarily still contains single family homes but also has some duplexes mixed in. Planning comments: Public Works has indicated that a dedication of land for improvements to both Pierce St. and W. 28th Ave. will be required. Improvements typically include curb, gutter, and sidewalk. If the road is substandard in width additional land may be required to be dedicated in an effort to have public right-of-way (r-o-w) meet the minimum standards. Public Works has indicated that 5 feet will be required for the r-o-w improvements to Pierce St. and 10 feet will be required to be dedicated for the improvements along W. 28`n Ave. Currently, both of the proposed lots are near the minimum lot size of 12,500 square feet. As a result of the dedication for public r-o-w, each lot will lose a portion of developable land. It is possible that the dedication could take the lots below the minimum lot size. The dedication would also result in the eastern lot falling below the minimum lot width of 100 feet. The measurement for the lot width is taken from 30 feet inside the property line at the minimum 30 foot front setback line. If the newly created lots were smaller then 12,500 square feet or the lot width for the eastern lot does not meet the 100 foot lot width requirement, requests for variances to these development standards would be required and could be processed with the subdivision request. As the plans indicate, the detached garage will be located on the eastern lot and is located within the required front and side yard setback areas. The minimum front yard set back for a detached garage is 30 feet and the required side and rear yard set backs are 15 feet. Variances to the front and side yard setback requirement would also be required. Since minor subdivisions with a dedication of land require public hearings before both Planning Commission and City Council, the request for any of the above variances can be heard and decided upon at the same hearing. Simultaneous review and hearings on the subdivision and the variance requests will likely reduce the time it will take to get through the process. City Council also has the ability to waive the requirement for the dedication of r-o-w. A dedication for land for parks and open space will also be required for this subdivision. A dedication for parks and open space is mandatory with any subdivision when creating new dwelling units. In smaller subdivisions actual land is typically not dedicated within the subdivided area. Instead of dedicating land in this subdivision the applicant will pay a fee which typically runs $1,000 - $1,500 for each new unit that is created. That money will be set aside in an account where it will be combined with other fees to purchase land for parks and open space nearby. The area indicatea as the "proposed land use easement on the plans should not be included on the subdivision plat. This easement can be recorded as a separate document which should convey the right to use this portion of land to both property owners. Typically, someone who practices real estate law can draft such documents. Process: The first step in the process began with the pre-application meeting on January 31, 2008. Since the pre-application has been held, the applicant may submit their land use application for the subdivision. Upon submittal, the assigned staff will review and comment on the project. The project will simultaneously be referred to other departments and utility companies for their comments. The staff planner will inform the applicant if further changes or corrections need to be made based on comments of others or their own, or if they meet all requirements. When all requirements are met, the applicant will be scheduled for a public hearing before the Planning Commission with a recommendation of approval, approval with conditions, or denial. Fifteen days prior to the public hearing, the applicant will be required to post a sign that is prepared by staff, on the property. The sign will inform citizens of the action being proposed and the date and time of the public hearing. A certified mailing will be sent to all property owners within 300 feet of the property, in conjunction with the posting. At the hearing, staff will present evidence to support their recommendation. The public will also be allowed to present evidence or give testimony in support or in opposition of the project. The Planning Commission will recommend approval or denial of the project based on the testimonies given by staff, applicant and the public. After Planning Commission the case will be scheduled for a public hearing in front of City Council. City Council will make the final determination to approve, approve with conditions or deny the application. The City Council meeting will follow the same format as the Planning Commission, at which, the City Council will give a final ruling on the case Public Works comments: See attached comments. Building comments: Building was not present. Further comments will be made upon submittal. Streetscape / Architectural Design comments: The City has adopted an Architectural and Site Design Manual. The guidelines in the manual are not applicable for this request. Attachments: Pre-application Transmittal Sheet, Public Works comments Phone Numbers: 3 Meredith Reckert - Senior Planner Travis Crane - Planner II Adam Tietz - Planner I John Schumacher- Building Official Dave Brossman - Development Review Engineer 303-235-2848 303-235-2849 303-235-2845 303-235-2853 303-235-2864 4 PUBLIC WORKS DEPARTMENT (303) 235-2861 Gty of Wheat Ridge I 7500 WEST 291h AVENUE WHEAT RIDGE, CO 80033 Fax (303) 235-2857 Depanrnent of Public Works January 31, 2008 Pre-Application Meeting 2690 Pierce Street (Davis Reinhart) Public Works Requirements: 2 Copies of the following shall be submitted for review (include the Grading, Drainage, and Erosion Control Plan and Site Plan with Building Permit Application): 1. Grading, Drainage, and Erosion Control Plan: A Grading, Drainage, and Erosion Control Plan shall be required, showing the proposed site grading, percent grades, drainage direction, roof drains and their release directions, and placement of erosion control BMP's to be utilized both during and subsequent to construction. The Grading, Drainage, and Erosion Control Plan will need to be signed and sealed by a CO licensed Professional Engineer. 2. Final Plat: A Final Plat using City-based bearings/coordinates (per Section 26-407-D-6 of the Municipal Code of Laws), to be submitted in the form of 2 - 24"X36" hardcopies and I electronic copy on CD or DVD-ROM in AutoCAD dwg or compatible drawing format, shall be required. Please be advised that all section ties are to be to Section or '/4 Section corners only. 3. Site Plan: A Site Plan to include the following: a. 24" X 36" sheet format. b. A Vicinity Map. c. The boundary of the site and existing and proposed lot lines are to be completely described using bearings and distances. d. A Legal Description of the site, including tie(s) to the Section. e. A Basis of Bearing statement (using local City coordinate system). £ Signed Certification from a Professional Land Surveyor licensed in the State of Colorado for the parcel boundary and topographical information on the Site Plan. g. A scale and north arrow. It. Date of map preparation, and the name, address, and firm of who prepared the map. i. Location of 100-year floodplain, if applicable. j. Existing and proposed contours at 2-ft intervals. k. Adjacent streets, including Right-of-Way widths, names, and ROW centerlines. 1. Location of all existing & proposed easements, rights-of-way, fences, walls, drainage-ways, irrigation/drainage ditches, and buildings to be constructed or retained on site. 4. Escrow of Funds: The City requires public improvements be constructed along all street frontages. However, in a case such as this where no improvements currently exist downstream of the proposed development, an escrow of funds for the total cost of the improvements may be taken in lieu of the construction. The escrow shall be required prior to recordation of the plat. 5. ROW Dedication: Due to deficient Right-of-Way widths along both of the street frontages, a 5.00' dedication along the Pierce Street and a 10.00' dedication along the West 28"' Avenue frontage shall be required on the plat. Additional information: 1. Information pertaining to the Public Works development requirements, the City's Street Construction Standards & Details in AutoCADO DWG format, ROW maps, and City-base coordinate information is all available on the City of Wheat Ridge website: www.ei.wheatridge.co.us (01-31-08) 2690 Pierce St (Davis Reiahart).doc 2640 Pierce Street LEGEND P4mary road, interstate hd,,n ay and Pmltea access n ad Se.ndary road. U.S. highway Canneding road, cocr¢y roads Neiigrbor?ood road$, City siaers and u*,moroven roads Soeca'. Road Fea;cre ElevationPoints GeoComm Parcels City of Wheat Ridge Boundary sa o so reel State Plane Coordinate Projection Coiorado Central Zone Datum: NAD83 DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely the requester's responsibility. The City of Wriest Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided herein should only be relied upon with corrobo ation o`: the methods, assumptions. and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. of cone rq . o City of Wheat Ridge, Colorado v " J. m 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 o~(ORPOO 303.234.5900 DATE: 1/3112008 CITY OF WHEAT RIDGE 01128108 2:38 PM cdh Davis O. Reinhart RECEIPT NO:C025177 AMOUNT FMSD ZONING APPLICATION F 200.00 zone PAYMENT RECEIVED AMOUNT CP; 3945 200.00 TOTAL 200,00