HomeMy WebLinkAboutWA-08-161( I City of
Wheat dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
February 4, 2009
John & Janet Jackson
3225 Miller Street
Wheat Ridge, CO 80033
Dear John & Janet:
RE: Case No. WA-08-16
7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Please be advised that at its meeting on January 22, 2009, the Board of Adjustment APPROVED
your request for a 5.5 foot side yard setback variance from the 30 foot side yard setback
requirement when adjacent to a public street resulting in a 24.5 foot side yard setback for property
zoned Residential One and located at 3225 Miller Street for the following reasons:
The side yard setback variance will not alter the character of the neighborhood in that the
impact is diminished because of the grade change from 32nd Avenue.
There will be no negative impact to the public welfare or other properties in the area as the
garage is proposed to be built on the south side of the property away from other homes.
The request will not substantially increase the congestion in public streets, encroach into
the sight distance triangle, increase the danger of fire or endanger the public safety.
4. There are unique conditions on the property that create a hardship for the garage to be built
in compliance with the R-1 development standards.
The said hardships on the property have not been created by the owner or any person
currently having an interest in the property.
6. The conditions necessitating the request are present in the neighborhood and are not
unique to the property.
With the following condition:
The garage must be complimentary in building material and architectural style to the home
subject to staff review and approval through review of a building permit.
www.ci.wheatridge.co.us
John & Janet Jackson
Page 2
February 4, 2009
Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating
the Board's decision which became effective the date of the meeting, January 22, 2009. This
variance shall automatically expire within one hundred eighty (180) days of the date it was
granted, July 21, 2009, unless a building permit has been obtained.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Kathy Field
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: WA-08-16 (case file)
Building File
WA0816.doc
CERTIFICATE OF RESOLUTION c(opy
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 22nd day of January 2009.
CASE NO: WA-08-16
APPLICANT'S NAME: John and Janet Jackson
LOCATION OF REQUEST: 3225 Miller Street
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number WA-08-16 is an appeal to this
Board from the decision of an administrative officer and in recognition that there were protests
registered against it; and
WHEREAS, the property has been posted the fifteen days required by law; and
WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number WA-08-16 be, and hereby is APPROVED.
TYPE OF VARIANCE: A 5.5 foot side yard setback variance from the 30-foot side yard
setback requirement when adjacent to a public street resulting in a 24.5 foot side yard setback for
an attached garage on property zoned residential-one (R-1.)
FOR THE FOLLOWING REASONS:
1. The side yard setback variance will not alter the character of the neighborhood in that the
impact is diminished because of the grade change from 32❑d Avenue.
2. There will be no negative impact to the public welfare or other properties in the area as
the garage is proposed to be built on the south side of the property away from other
homes.
3. The request will not substantially increase the congestion in public streets, encroach into
the sight distance triangle, increase the danger of fire or endanger the public safety.
4. There are unique conditions on the property that create a hardship for the garage to be
built in compliance with the R-1 development standards.
5. The said hardships on the property have not been created by the owner or any person
currently having an interest in the property.
Board of Adjustment
Resolution WA-08-16
Page two (2)
6. The conditions necessitating the request are present in the neighborhood and are not
unique to the property.
WITH THE FOLLOWING CONDITION:
The garage must be complimentary in building material and architectural style to the
home subject to staff review and approval through review of a building permit.
VOTE: YES: BELL, BLAIR, BUCKNAM, HOVLAND,
LINKER, PAGE
ABSENT: ABBOTT
DISPOSITION: A 5.5 foot side yard setback variance from the 30 foot side yard setback
requirement when adjacent to a public street resulting in a 24.5 foot side yard setback for
property zoned residential-one was APPROVED.
ADOPTED and made effective this 22nd day of January, 2009.
&n~ C_"0L'_
Alan Bucknam, Chair
Board of Adjustment
~2~ -
Ann Lazzeri, Secretary
Board of Adjustment
♦~~41 1 City of
~Wheat~idge
BOARD OF ADJUSTMENT
Minutes of Meeting
January 22, 2009
1.
CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board
by Chair BUCKNAM at 7:00 p.m. in the City (
14
Building, 7500 West 29th Avenue, Wheat Rt
was called to order
-.rs of the Municipal
2.
Board Meml`s E
A
Staff Members F
O&A- 10
3. -PLIC FORU2
No~~e wished to
'1L
4. PUBL 43EAR]
A. Case ts. WA-08-16: An application filed by John and Janet Jackson for
apprdv' al of a 5.5 foot side yard setback variance from the 30 foot side
yard setback requirement when adjacent to a public street resulting in a
24.5 foot side yard setback for property zoned Residential One and located
at 3225 Miller Street.
This case was presented by Adam Tietz. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation. He noted that there were two
letters of opposition contained in the staff report. Staff found there are unique
circumstances attributed to the request that would warrant approval of a variance.
ROLL CALL
Janet
BobI
Alan
Board Members Present:
Abbott
Austin Tietz, Planner I
off Hirt, Planner II
Ann Lazzeri, Secretary
Board at this time.
Board of Adjustment Minutes 1 -
January 22, 2009
Board Member LINKER asked how far the garage would have to be shifted to the
west in order to stay within the setback regulations. Mr. Tietz estimated another
15 or 20 feet.
John and Janet Jackson
3225 Miller Street
Mr. and Mrs. Jackson, the applicants, were swom by Chair BUCKNAM. Mr.
Jackson stated that his present garage only accommodates one vehicle and he
would like to build another garage to accommodate their second vehicle. He
stated the garage would match the exterior of their homes
Board Member LINKER asked the reason for a 5 .nce. Mrs. Jackson
stated that a regular sized garage would fit withota vanatbut they want to
-5.
have a little room for storage space. She stake at`-storage in the garage
would eliminate an existing storage buildipg on the property. Miid Mrs.
Jackson also stated that a variance of 2~t less than the origmaIcest would
be sufficient. '
In response to a question fromvBoard Member $ L, Mr. Tietz explained that a
decrease in a variance request iil not requrre a hearing. Only in cases of
requests for an increased varian&- Mf ttbecome nece sa to advertise and
Ra-
conduct another hearing.
Board Member Ald I~A anmented tl she is very familiar with this property and
oft-sk in 32°d Avenue she did not believe the garage would be
p o
because of trop-0-
intrusive Fa the gaage would not djacent to another residence to the
south. E yy__
Bo`rMeN'BLAOfted if the Jackson's had discussed the project with
eighbors othe~fan thos-c"Iubmitted letters of opposition. Ms. Jackson
WNW
r~ neighbors and some were in favor and some where
~ed that they Fcontac
op d. Mr. Jacks said there was concern by some of the neighbors that the
garag~uld creates visual barrier. He stated that the 7% slope from the street
and plate t of t~garage behind the original garage and behind the fence
would not~r~ visual barrier to the neighbors.
Chair BUCKNAM asked to hear from members of the public.
Glen and Lynn Honaman
3275 Miller
Mr. And Mrs. Housman were sworn by Chair BUCKNAM. They live next door
to the applicants and stated they had no problem with the addition of the garage
on the Jackson's property. However, Mr. Honaman expressed concern with
construction that is occurring in the neighborhood. He stated that construction on
the property across the street from his property on 33`d has upset the flow of the
Board of Adjustment Minutes -2-
January 22, 2009
neighborhood. He and other neighbors want to keep the open feeling in their
neighborhood.
Board Member HOVLAND commented that the proposed garage has a good
design and would not be intrusive. Opposition was probably out of concern about
the property across street and the Jackson's proposed garage is nothing of that
scale.
Board Member BUCKNAM agreed that the perceived setback of the garage in
relation to the street it fronts on would present minimal impact to the
neighborhood. y ,
Board Member LINKER asked if the roof would e a gamble roof to match the
house. The applicants indicated that it would has gable. He stated that he
would support the application although he ddifot lielieve th reas a real
hardship. A
s yy.
Upon a motion by Board Member f.
PAGE, the following resolution was
WHEREAS, the applicant
officer; and
WHEREAS, Board of Adjusts
Board from the dec~rsro n of an
and in
has been
by Boas d Member
an administrative
16 is an appeal to this
:and
the fifteen days required by law,
stered against it; and
fEREA ~ relf- lied for may be granted without detriment to the
bhc welfare ►gd with l3# g stantially impairing the intent and purpose of
regulations go- Thing ire City of Wheat Ridge.
BE IT RESOLVED that Board of Adjustment
WA-08-16 be and hereby is APPROVED.
For the follu- g reasons:
1. The side yard setback variance will not alter the character of the
neighborhood in that the impact is diminished because of the grade
change from 32"d Avenue.
2. There will be no negative impact to the public welfare or other
properties in the area as the garage is proposed to be built on the
south side of the property away from other homes.
Board of Adjustment Minutes -3-
January 22, 2009
3. The request will not substantially increase the congestion in public
streets, encroach into the sight distance triangle, increase the danger
of fire or endanger the public safety.
4. There are unique conditions on the property that create a hardship
for the garage to be built in compliance with the R-1 development
standards.
5. The said hardships on the property have not been created by the
owner or any person currently having an interest in the property.
6. The conditions necessitating the request
neighborhood and are not unique to the
With the following condition:
1. The garage must be complimfib ry in
architectural style to the home s pct
through review of a building perm►
Board Member BLAIR asked
applicants indicated that won]
Board Member BELL
slope from 32"dri
leeway in c ey ru
no impact tm-eig]
The matum-nasseil
5.
6. OLD
in the
review
be approved since the
in this area and the
originaFquest wou
xE' give the applicants a little
soil problms. Further, the extra 2.8 feet would have
ABBOTT absent.
the public hearing.
There was no's-1d business to come before the Board.
7. NEW BUSINESS
A. Approval of Minutes - December 10, 2008
It was moved by Board Member BLAIR and seconded by Board
Member HOVLAND to approve the minutes of December 10, 2008 as
presented. The motion passed unanimously.
Board of Adjustment Minutes -4-
January 22, 2009
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®®A41
® City of
WCITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Case File DATE: January 15, 2008
CASE MANAGER: Adam Tietz
CASE NO. & NAME: WA-08-16/Jackson
ACTION REQUESTED: Approval of a 5.5 foot side yard setback variance from the 30
foot setback requirement resulting in a 24.5 foot side yard
setback for a detached garage on property zoned Residential-One
(R-1).
LOCATION OF REQUEST: 3225 Miller St.
APPLICANT (S):
OWNER (S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
John and Janet Jackson
John and Janet Jackson
16,261 square feet (.37 acres)
Residential-One (R-1)
Single Family Residence
COMP PLAN LAND USE: Single Family Residential not to exceed 4 units per acre
(SF4)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Site
Board 4
Case N
I
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to
hear this case.
1. REQUEST
The applicant is requesting approval of a 5.5 foot (18.3 percent) side yard variance to the
required 30 foot side yard setback when it is adjacent to a public street in order to
construct a 378 square foot garage at the property indicated above.
The request for the variance was published for the approval of a 7.5 foot (25 percent) side
yard variance to the required 30 foot side yard setback based on information provided by
the applicant. After the request was published the applicant informed staff of the
correction. This correction is reflected in the following staff report.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the
Director of Community Development to decide upon applications for administrative
variances from the strict application of the zoning district development standards that are
not in excess of fifty (50) percent of the standard unless objections directly relating to the
request have been received in writing. If an objection has been received the Wheat Ridge
City Code empowers the Board of Adjustment to hear and decide on variances from the
strict application of the zoning district development standards.
Two letters of objection have been received regarding this request.
Le#ers:of Ob~ectzof
II. CASE ANLYSIS
The applicants, John and Janet Jackson are requesting a variance as the property owners
of 3225 Miller Street ~xlnli°t~~3, LeMer ofRegu1 The application for a 7.5 side yard
variance is being requested so the applicant may a construct a two car, detached garage
on the southern side of the home, adjacent to West 32°d Avenue (h►6at f,te Fla
The property is zoned R-1 which does allow for detached garages but requires a 30 foot
side yard setback when the side yard is adjacent to a public roadway. These development
standards were established to provide high quality, safe, quiet and stable low-density
residential neighborhoods, and to prohibit activities of any nature which are incompatible
with the low-density residential character.
The lot size is approximately 16,261 square feet. The minimum lot size for the R-1 zone
district is 12,500 square feet. The R-1 zone district allows for twenty-five (25) percent
maximum building coverage. The site contains a 1,959 square foot home with an
attached two car garage making the lot coverage 12 percent. The proposed garage will be
constructed on the south side of the home and will be approximately 378 square feet in
size. The construction of the garage will increase the lot coverage from 12 percent to
14.4 percent.
Board of Adjustments
Case No. WA-08-16/Jackson
The existing home is on a lot that has frontage along both W. 32"d Ave and Miller St.
Since the home has two street frontages the setback for the side yard alongW. 32nd Ave.
is increased to 30 feet. The increased side yard setback along with 30 foot front yard set
back have resulted in a relatively large front and side yards with a rear yard that is small
and limited in its use and functionality. (Exhtbt;:5 Stte Photos} In addition the to the
increased setbacks that result in a smaller buildable area, the home on the lot has been
oriented so that it is not parallel to either of the streets as is the case with most homes.
(:Exhzbzt 6i Szte, Photo) As a result of the home being oriented this way, a large portion
of the buildable area on the lot has been used.
The construction of a detached garage in the rear yard that meets all the required setbacks
is possible. The rear yard is the only location on the property that the garage could be
constructed within the required setbacks. If a garage were to be constructed in the rear
yard it would be difficult to access and it would take up a majority of the back yard
making it even more limited in its uses.
Providing access to the garage from Miller St would be difficult if the garage were
located in the rear yard as it would have to navigate around the existing home. Access to
the garage from W. 32"d Ave would all but be impossible because of the grade separation
between the back yard and the road (xhtbrt 7;Fate Pho2gs) It would also be unlikely
that Public Works would allow a curb cut to be installed for access to a garage off of W.
32nd Ave.
The garage will not extend into the front yard setback as it will be located 55 feet back
from the front (Miller St.) property line and will not encroach into the sight distance
triangle. All other development standards will be met with this proposal.
If the proposed garage were to be constructed on a lot that did not have two street
frontages, the required side yard setback would only be 15 feet. If this were the case, a
variance would not be required to construct this garage as it is set back 24.5 from the
property line.
The applicant has expressed the proposed garage will be built of quality construction and
will match the existing home and garage. It will be tied to the existing garage using the
same brick, shingles and other materials and will also use the existing driveway to gain
access (Exhtbat 8atePhotos)
A variance to the fence height for this property was granted in October 2008. The
request was for a 3 foot height variance to the 6 foot fence height maximum. The
variance was an administrative as the request did not exceed 50%. The Community
Development Director approved the variance and an 8 foot fence has since been
constructed on the property.
III. VARIANCE CRITERIA
Board of Adjustments
Case No. WA-08-16/Jackson
In order to approve an administrative variance, the Board of Adjustments must determine
that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code
have been met. The applicant has provided their analysis of the applications compliance
with the variance criteria. (Exhzbit 9) Staff provides the following review and analysis of
the variance criteria.
1. The property in question would not yield a reasonable return in use, service
or income if permitted to be used only under the conditions allowed by
regulation for the district in which it is located.
If the request were denied, the property would continue to yield a reasonable
return. The property currently has a single family home with attached double
garage on it and these improvements may remain and be used in this manner
regardless of the outcome of the variance request. If denied, the applicant could
still construct a detached garage on the property. The garage would have to be
constructed in a location that would meet the 30 foot setback when it is adjacent
to a public street.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be
altered. The property is located in an area of single family homes with large lots.
Even with the garage extending in to the side yard setback the lot remains largely
open. If the side yard setback was the standard 15 feet rather than the increased
30 feet, the garage would meet the setback requirement.
In August 2008, an administrative variance was approved for a home across the
street at 10370 Miller St. to be able to construct a garage in the required 15 foot
rear yard setback.
Staff finds this criterion has been met.
3. The applicant is proposing a substantial investment in the properly with this
application, which would not be possible without the variance.
The applicant is proposing a substantial investment in the property. There are
alternate locations on the property where the garage could be constructed without
encroaching into setbacks. Due to the orientation of the home and other
improvements; an increased side yard setback and the area where the garage could
be constructed in accordance with the R-1 development standards would render
the rear yard virtually unusable.
Staff finds this criterion has been met.
Board of Adjustments 4
Case No. WA-08-16/Jackson
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 very unique conditions related to the topography and location of the
property as well as the orientation of the home that result in a hardship on upon
the owner. The southern property line, adjacent to W. 32"d Avenue, is several feet
above the elevation of the home. As a result the property dramatically slopes
from the south to the north. The property does level off some in the area where
the garage is proposed. But the topography still presents challenges to locating a
garage on the property.
In addition to the hardship created by the topography, the property has an
increased side yard setback because of its frontage along W. 32"d Ave. If the
property were not located along W. 32"d Ave the setback would only be 15 feet in
which case no variance would be needed. If the setback were only 15 feet the
proposed garage would still be 9.5 feet away from the required setback.
The orientation of the home also creates a hardship. Typically homes directly
face the street from which they are addressed off of In this case the home faces
to the northeast. As a result, the home takes up more of the developable area on
the lot then if the home had a straight orientation and was pushed to the setback
lines. If the home did face the street and it was pushed to its northern setback
line, there would be more room on the south side of the home to construct the
garage and it could be built without encroaching into the increased side yard
setback.
These conditions do create unique hardships on the property in question and
therefore the request for relief from the strict regulation of the law is more than a
mere inconvenience.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
The hardship described above relates to the location of a detached garage in
respect to its 30 foot side yard setback. The property was platted and the home
was constructed prior to the current owner having an interest in the property. As a
result, the owners did not create these hardships
Staff finds this criterion has been met.
6. The granting of the variance would not be detrimental to the public welfare
or injurious to other property or improvements in the neighborhood in
Board of Adjustments
Case No. WA-08-16/Jackson
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.
Staff believes the request would not be detrimental to public welfare and would
not be injurious to neighboring property or improvements. It would not hinder or
impair the development of the adjacent properties. The adequate supply of air and
light would not be compromised as a result of this request.
The request would not increase the congestion in the streets. Nor would it cause
an obstruction to motorists on the adjacent streets and would not impede the sight
distance triangle.
The danger of fire would not increase as a result of this request.
Staff finds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The topographical conditions that exist on the subject property do also exist at
other locations in the neighborhood. This condition exists primarily in the
specific area of the variance request around W. 32"d Ave and Miller St.
There are also homes in the area that appear to have structures that have been
constructed within the required setback. Some variances have been granted in the
area for decreased setbacks, the most recent being in August 2008 where a
detached garage was approved to be able to be constructed in the required 15 foot
rear yard setback.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single family homes and their accessory buildings are not required to meet
building codes pertaining to the accommodation of persons with disabilities.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
Board of Adjustments 6
Case No. WA-08-16/Jackson
The Architectural and Site Design Manual does not apply to single and two
family dwelling units.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the applicable
review criteria, staff recommends APPROVAL of a 5.5 foot side yard setback
variance to the required 30 foot side yard setback requirement when a side yard is
adjacent to a public road, resulting in a 24.5 foot side yard.
Staff has found that there are unique circumstances attributed to this request that
would warrant approval of a variance. Therefore, staff recommends approval for
the following reasons:
1. The side yard setback variance would not alter the character of the
neighborhood.
2. There will be no negative impact to the public welfare or other properties
in the area.
3. The request would not substantially increase the congestion in public
streets, encroach into the sight distance triangle, increase the danger of fire
or endanger the public safety.
4. There are unique conditions on the property that create a hardship for the
garage to be built in compliance with the R-1 development standards.
5.. The said hardships on the property have not been created by the owner or
any person currently having an interest in the property.
6. The conditions necessitating the request are present in the neighborhood
and are not unique to the property.
With the following condition.
The garage must be complimentary in building material and architectural
style to the home subject to staff review and approval through review of a
building permit.
Board of Adjustments 7
Case No. WA-08-16/Jackson
Page 1 of 1
Adam Tietz
From: clesher989@aol.com
Sent: Monday, December 22, 2008 3:44 PM
To: Adam Tietz
Subject: WA-08-16
Mr. Tietz,
this afternoon at (12-22-08), 1 wish to express
Further bto our discussion
3225 Miller Street. Overlook Y ohP°sition to the change
set of the
9uestd in WA Estates was originally planned
with specific setbacks. Each change of the original plans reduce the open space around the dwellings
and decreases the space between existing structures. People have purchased homes in this area due to
the open space and low density of homes.
Thanks,
Carl L. Lesher
music, sports, & news radio stations - including songs for the holidays _ FREE while you browse.
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Start
Exhibit I
12/22/2008
Dec 22 Ub U4AUp tsaroara -
rage 1 oT 1
Subj: variance for setbacks at 3225 Miller
Date: 1212212008 4:29:53 PM Mountain Standard Time
From: Febllgirl
To: atietz@ci.wheatndge.co.us
I am opposing case WA 08-16 for set back variance. I have bee a homeowner in Overlook
Estates for 32 years and the reason I chose this neighborhood was for the a-1 zoning and
covenants at the time. I had to stick to strict guidelines when building my home and when
remodeling. I feel that the city should not compromise the neighborhood any more than they
recently done. If we allow these variances to continue we will have a completely different
neighborhood than what it was originally zoned to be.
Thank You,
Barbara Carmosino
One site keeps you connected to all your email: AOL Mail. Gmail, and Yahoo Mail. Try it now.
Exhibit 2
Monday December 22. 2008 America Online: Febl l girl
John and Janet Jackson
3225 Miller Street
WheatRidge, CO 80033
(303) 237-8554
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Case No. WA-08-16/Jackson
Exhibit 6
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Case No. WA-08-16/Jackson
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Case No. WA-08-16/Jackson
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Board of Adjustments 15
Case No. WA-08-16/Jackson
From: John & Janet Jackson
3225 Miller Street
Wheat Ridge. Colorado 80033
Phone: 303-237-8554
Email: th~ri~c ~ru ceru nisit.corr:
To: The City of Wheat Ridge
Regarding: Variance Criteria for Review for 3225 Miller Street.
We are asking for a small variance to erect a detached garage on the south side of our
house.
We are hoping that it could be an Administrative Exemption since the dimension we want
is no more than 25%.
A. 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
k
The original two car attached garage is not large enough for two cars. The second
vehicle must he out in the weather. We need a second garage to house our second car. Q
We live on the comer of 32"d and Miller so therefore we do not have two sides and a
front and back to the house but only two fronts, one side and one back. The 30-foot rule
for two sides of our home does not give us enough room to build the second garage or if
we stay in compliance it will be a very close garage with absolutely no storage area.
B. The variance would not alter the essential character of the locality.
We only need 7.5 feet to the south, which would then be 22.5 feet from the edge of our
property on 32nd instead of 30 feet. It would not obstruct the view for traffic, nor
encroach on any other property.
C. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
Without this variance it would require us to make a very little garage just the size of the
car and could not be used for any kind of storage. It also would require the garage to be
only 3 feet from the existing garage, which is too close for us. We want 5.5 feet between
the two garages and an extra two feet in the garage for shelves on one side of the garage.
Regarding: Variance Criteria for Review for 3225 Miller Street
D. The particular physical surrounding, shape and topographical condition of the
specific property results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience.
We want to buy a new second car but we do not want to let it stay out in the elements and
deteriorate faster than normal. We need the new garage and a size that is comfortable.
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.
The hardship is that we are on a corner and the 30-foot rule is on both Miller and 32"d
k
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 or permanently impairing b
the appropriate use or development of adjacent property, impairing the adequate n
supply of light and air to adjacent property, substantially increase in 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.
This building will not obstruct anyone's view, encroach on an adjacent property or be
unsightly. It will match the house to the best of our ability and enhance our property.
G. The unusual circumstance or conditions necessitating the variance request are
present in the neighborhood and are not unique to the property.
There is another garage in the process that is just east of our property on Miller that has
received a variance much greater than the one we are requesting.
Thank you for your time and consideration.
John & Janet Jackson
Blue: question
Black: answer
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City of
WheatRiAc
POSTING CERTIFICATION
CASE NO.-WA-08-16/Jackson
PLANNING COMMISSION / CITY COUNCIL / BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: January 22, 2008
(n am e)
residing at, 3a,,75 MzZ- L
(address)
G
as the applicant for Case No.WA-08-16/Jackson , certify that I have posted the
Notice of Public Hearing at c3~qo?3-
MZZG c-/Z ST
(1 cation)
on this day of 20and do certify that
said sign has been posted and rema ned in place for fifteen (15) days prior to and including
the scheduled day of the public hearing of this case. The sign was posted in the location on
the map shown below.
NOTE: This form must be submitted at the public hearyig on this caase anXwill be placed in
the applicant's case file at the Community Development Department.
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City of
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COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
7500 W. 29' Ave. Wheat Ridge, CO 80033-8001
CERTIFIED LETTER NOTICE
P: 303.235.2846 F: 303.235.2857
January 8, 2009
Dear Property Owner:
This is to inform you of Case No. WA-08-16 which is a request for approval of a 7.5 foot side
yard setback variance from the 30 foot side yard setback requirement when adjacent to a public
street resulting in a 22.5 foot side yard setback for property zoned Residential-One (R-1) and
located at 3225 Miller Street. This request will be heard by the Wheat Ridge Board of Adjustment
in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on January 22,
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 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.
WA0816.doc
www.ci.wheatridge.co.us
SE 21
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MARSH T NAMAN GLENN E
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10370 33RD AVE 3275 MILLER ST
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3240 MOORE ST
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10411 W 32ND AVE
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7003 1680 0005 7083
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JACKSON JOHN 1)
T GERALD W
JACKSON JANET J
AAKHUS PAMELA JO
3225 MILLER ST
3200 MOORE ST
WHEAT RIDGE CO 80033
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55 HILLSIDE DR
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45 MORNINGSIDE DR
WHEAT R MGF. CO 80215
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on January 22, 2009, at 7:00 p.m. in the Council Chambers of
the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. 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 petition shall be heard:
Case No. WA-08-16: An application filed by John & Janet Jackson for approval of a 7.5
foot side yard setback variance from the 30 foot side yard setback requirement when
adjacent to a public street resulting in a 22.5 foot side yard setback for property zoned
Residential-One (R-1) and located at 3225 Miller Street.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To be published: Wheat Ridge Transcript
Date: January 8, 2009
City of
Wheat~dge
POSTING CERTIFICATION
CASE NO. WA-08-16/Jackson
DEADLINE
I,
Public Notice at 3225 Miller Street
o(Iocation)
on this day of 20_d2K~and do hereby certify that
said sign has been posted and remained in place for ten (10) days prior to and including the
deadline for written comments regarding this case. The sign was posted in the position shown on
the map below.
Signature: QiC//G
NOTE: This form must be submitted to the Community' evelopmet t Depak went for this case
and will be placed in the applicant, s case file.
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as the applicant for Case No. WA-08-16 , hereby certify that I have posted the sign for
RA/~ JJ ~(cs a, 1 /Ll4r /~-/i2 - /2-.,7--~-
39-284-02-009
39-284-03-001
39-281-99-008
MAYVILLE JANE M
46 MORNINGSIDE DR -
WHEAT RIDGE CO 80215
GIBBONS JEFFREY D
GIBBONS ANNE C
47 MORNINGSIDE DR
WHEAT RIDGE CO 80215
7008 0150 0003 4502 9150
7008 0150 0003 4502 9167
JACKSON JOHN D
JACKSON JANET J -
3225 MILLER ST
WHEAT RIDGE CO 80033 5652
39-281-00-032 MC LANE SHIRLEY M
10405 W 32ND AVE 7008 0150 0003 4502 9181
WHEAT RIDGE CO 80033 5503
39-281-15-002
39-281-20-001
HONAMAN GLENN E
HONAMAN LYNN W -
3275 MILLER ST
WHEAT RIDGE CO 80033 5652
SCHROEDER DAVID
SCHROEDER REBECCA
GENNERMAN
3250 MILLER ST
WHEAT RIDGE CO 80033 5653
39-281-20-002 MARSH TIMOTHY F 7008 0150 0003 4502 9211
ROWE JOANNE M -
10370 33RD AVE
WHEAT RIDGE CO 80033 5613
r~-
a
7008 0150 0003 4502 9174
7008 0150 0003 4502 9198
7008 0150 0003 4502 9204
It City of
WheatR dge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29ih Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
December 12, 2008
Dear Property Owner:
This is to inform you of Case No. WA-08-16, a request for an administrative
variance of 7.5 feet from the required 30 foot side yard setback when adjacent to a
public street resulting in a 22.5 foot side yard setback for property zoned
Residential-One (R-1) and located at 3225 Miller Street.
The applicant for this case is requesting an administrative variance review which
allows no more than a fifty percent (50%) variance to be granted by the Zoning
Administrator without need for a public hearing. Prior to the rendering of a
decision, all adjacent property owners are required to be notified of the request
by certified mail.
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on December 22, 2008.
Thank you.
WA0816.doc
www.ci.wheatridge.co.us
SE 21
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OFFICIAL PARCEULOT BOUNDARY NE 28
ZONING MAP (DESIGINATES OWNERSHIP)
WHEAT RIDGE WATER FEATURE
COLORADO DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN 0 IOO 200 '00 400 Fr
(APPROXIMATE LOCATION)
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DEPARTMENT OF MAP ADOPTED: June 15, 1994
O PLANNING ANP DEVELOPMENT Last Revision: September 10, 2001
Residential Worksheet
Address:
Zoning: _ 9-1 Property in the flood plain?
Lot Size: 26 ( sq. ft. Lot Width:
Maximum Lot Coverage: 21 %
Proposed Improvements:
House:
sq. ft.
Addition to House: sq. ft.
Shed: 7 ~,27 sq. ft.
Detached Garage:
sq. ft.
Proposed Lot Coverage: (Total) 14- `'l %
0337,72- sq. ft.
sq. ft.
Required Setbacks: FR a~iq S 3G S R
Provided Setbacks: FR a~ S 22, C~r S ~s R
Maximum Height: ft. Maximum Size:
Proposed Height: ft. Proposed Size:
sq. ft.
sq. ft.
Access Notes
For one and two-family dwellings, the fast 25' of driveway area from the existing edge of pavement into the site
shall be surfaced with concrete, asphalt, brick pavers or similar materials.
For all uses other than one and two family dwellings, no vehicle entrances or exits may be closer than 25' to any
property line, except when used as joint access for two or more lots.
In residential zone districts, curb cuts shall be at least 10 feet and not more than 24 feet in width.
One and two-family dwellings may have horseshoe driveways, provided that the street accesses are at least 30 feet
apart, measured from the interior edges.
For all uses, one access point per property is permitted.
Landscanine Notes
For one-and two-family dwellings, one tree for every 70 feet of street frontage is required.
100% of the front yard and 25% of the entire lot must be landscaped prior to issuance of C.O.
Street trees required:
Street trees provided:
ft.
IfP4(5. 26~sq. ft.
Existing Improvement(s):
House: sq. ft.
Shed: sq. ft.
Detached Garage:
Other: sq. ft.
0
~~OF WHE4T
LAND USE CASE PROCESSING APPLICATION
ar m Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
Cot O R AAO (Please print or type all information)
Applicant cj~e" t~ %~f C% 1/-(&~~Address ~das xGGGR Si Phone 3D3 z3~ ~5
City "-AA % ,eZII I State L Zip ~d433 Fax SQJN ~
Owner j D Cf cJE p, CZ i 2? Address Phone
CiTy State Zip Fax
Contact Address Phone
City State Zip Fax
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.
Location of request (address): o?~ < S - Z / add
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
❑ Change of zone or zone conditions ❑ Special Use Permit
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ❑ Temporary Use, Building, Sign
❑ Site Development Plan approval Fariance/Waiver (from Section )
❑ Other:
Detailed description of request: a!i
y~
3
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge d consent of those persons listed above,
without whose consent the requested action cannot lawfully be a omplished. Applicants other than owners
must submit power-of-attorne om the o er ich appr action on his behalf.
y N A., pZ~
Signature of Applicant
ubs tbed and s or -t' IlliB~ of '20 • ce
PUBL\ Qt blic
9TH , mission expires L5
To be filled out by staff. Date received Fee$,2W6~ Receipt No.~BIII 0/ 0
30 Case No. ~71
Comp Plan Desig. Zoning Quarter Section Map 4 &k2LF'
Related Case No. Pre-App Mtg. Date Case Manager : . 1-7-
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On the basis of my knowledge, information and belief,
I hereby certify that this improvement location certificate was prepared for
COMMERCIAL. FEDERAL , that it is not a Land Survey
Plat or Improvement Survey Plat, and that it is not to be relied upon for the establishment of
fence, building, or other future improvement tines. I further certify that the improvements on the
above described parcel on this date, except utility cpnnections, are entirely within the boundaries
of the parcel, except as shown, that there are no encroachments upon the described premises by
improvements on any adjoining premises, except as indicated, and that there is no apparent
evidence or sign of any easement crossing or urdening 'd parcel, except as noted.
"NOTICE: According to Colorado lar you must c0 once any. `
Ae 5 5 . e . n ¢upon sny defect in this
survey vithip,ry three year after you first discave such de "6dd~wFgg. C any ac on based p. A
0 3 0 4 ewe t
any d uct in# I vey be d more an ten ears
It is my interpretation that the above described from s Jatte-o certi Fica y y
property .et...o.- lace" within a 100 = . /27^[68 6t~i5o.n her=c n."
Year flood hazard boundary based on Federal _
EmergencyManagomant Agency pboAhl
yrance
Rate Maps Dated A 3 A
Robert E. Poi4'j 4t 42 Robert M. Hayden, L.S. 27258
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Administrative Variance 8
Case No. WA-08-09/Jackson
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"SITE PLAN
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PLAN
NOV. 03, 2008
Al
Case No.:
A0816
Quarter Section Map No.:
NE28 _
App: Last Name:
ackson
Related Cases:
App: First Name:
ohn BJanet
Case History:
.5 foot side yard setback
[variance to the 30 foot side
Owner: Last Name:
ame j
and setback requirement
Owner: First Name:
hen adjacent to ROW
App Address:
3225 Miller St
Review Body:
J
City, State Zip:
heat Ridge, CO 80033
App: Phone:
303-237-8554
APN:
39-281-99-008
Owner Address:
ame J
2nd Review Body:
City/StatelZip:
2nd Review Date:
Owner Phone:
ame_
Decision-making Body:
_
Project Address:
225
~
oval/Denial Date:
A
ppr
I
Street Name:
Miller Street
City/State, Zip:
heat Ridge,CO 80033
Reso/Ordinance No.:
-
Case Disposition:
Conditions of Approval:
I
Project Planner: ietz
File Location: ctive
Notes:
Follow-Up:
CITY OF NEAT RIDGE
12130/08 10:02 AN cdbb
JOHN SACKSON
RECEIPT N00'a001011'. AMOUNT
F10 c3NiNG APPLICATION F 100.00
ZONE
F1yD ZONING REIMBURSEMENT 180.00
MEIN
PAYr"f NT RECEIVED ANOUNT
CK 8839 280.00
TOTAL 280.00
District: III _
Date Received: 121512008
Pre-App Date: F __J
CITY OF WHEAT RIDGE
12/05/08 1:41 Phi cdbb
SARET JACKSON
RECEIPT Y90DO01020 ANOUHT
F13 tONIt7G APPLICATION. F 200.00
ZONE
PAYHENT RECEIVED AFtOUNf
CR '3047 200.00
lOIAL 200.00