Loading...
HomeMy WebLinkAboutWA-98-017500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 March 4, 1998 Mr. Leonard Kearns 2971 Teller Street Wheat Ridge, CO 80033 Dear Mr. Kearns: Ridge Please be advised that at its meeting of February 26, 1998, the Board of Adjustment DENIED your request for approval of a five foot side yard setback variance to the 15 foot side yard setback requirement for the purpose of constructing a two-car garage at the property located at 2971 Teller Street. Attached is a copy of the Resolution of Denial listing the Board's reasons for such denial. This resolution became effective the date of the meeting, February 26,1998. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing. Please feel free to contact me at 235-2846 if you have any questions. Sincerely, dt,lj-Q,tA~~G0. Barbara Delgadillo U Planning and Development Secretary Attachments: Certification of Resolution /bd cc: LXA-98-1 CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 26th day of February, 1998. CASE NO: WA-98-1 APPLICANT'S NAME: Leonard Kearns LOCATION: 2971 Teller Street Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the following resolution was stated: WIIEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment application Case No. WA-98-1 is an appeal to this Board from the decision of an administrative officer; and WIIEREAS, the property has been posted the required fifteen days by law and there were no protests registered against it; and WHEREAS, the relief applied for may not be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-98-1 be, and hereby is, denied. TYPE OF VARIANCE: A request for approval of a five-foot side yard setback variance to the fifteen-foot side yard setback requirement for the purpose of building a two-car detached garage. FOR THE FOLLOWING REASONS: 1. There are other areas within the site which could accommodate the proposed structure. 2. The hardship was created solely by the applicant. 3. There is neither benefit to the community or to a person with disabilities but to the sole benefit of the applicant. 4. A nineteen-foot wide two-car addition can be constructed without variance. Case No. WA-98-1/Board of Adjustment Resolution Page 2 VOTE: Yes: Abbott, Thiessen and Walker No: Echelmeyer, Howard, Junker and Mauro Absent: Hovland Board member ECHELMEYER then moved and Board Member JUNKER seconded that the variance be granted for the reason that the approval will not alter the essential character of the locality and that there is adequate supply of light and air to the adjacent properties on either side. The motion failed by a vote of 4-3. VOTE: Yes: Echelmeyer, Howard, Junker and Mauro No: Abbott, Thiessen and Walker Absent: Hovland DISPOSITION: A request for approval of a five-foot side yard setback variance to the fifteen-foot side yard setback requirement for the purpose of building a two-car detached garage was denied, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. ADOPTED and made effective this 26th day of February, 1998. L A MAURO, Chairman oard of Adjustment Ann Lazzeri, Secretary Board of Adjustment A. (continued from January 22, 1998.) An application by Leonard and Glenna Kearns for approval of a five-foot side yard setback variance to the fifteen-foot side yard setback requirement for the purpose of constructing a two-car garage. The property is zoned Residential-One (R-1) and located at 2971 Teller Street. Sean McCartney presented the case. He entered into the record the zoning ordinance, case file, packet materials and exhibits. The property is within the City of Wheat Ridge and all notification and all posting requirements have been met. Therefore, there was jurisdiction to hear the case. The applicant requested a variance to construct a twenty-four foot wide garage on the north side of his property which would provide adequate access and parking for his two full-size pickup trucks. There is an existing attached single car garage which is presently used for storage. If approved, the garage would be located approximately ten feet from the north property line with a four to five-foot separation between the house and the proposed garage. The code requires a fifteen-foot setback for any detached garage or carport located in the R-1 Zone District and, therefore, the applicant is requesting a five-foot variance. . Mr. McCartney reviewed the criteria used to evaluate this variance request. It was staff s conclusion that the criteria supported approval of the request. Although it was found that the applicant could locate the structure in another area of his site, or modify the design to comply with the setback requirements, approval of this request should not alter the essential character of the locality. Also, because there would be a ten-foot side yard setback, there would be twenty feet between the proposed structure and the existing garage to the north allowing for adequate light and air to the adjacent property. In response to a question from Board Member HOWARD, Mr. McCartney clarified that the staff report should have stated that the proposed structure would require a ten-foot setback rather than a five-foot setback. Chair Person MAURO swore in Leonard Kearns, 2971 Teller Street. Mr. Kearns stated that it would create a financial hardship for him in terms of added construction costs and Public Service Company charges to attach the garage. He also cited a number of houses in his neighborhood where the garages have less than a fifteen-foot setback. Board Member ABBOTT asked the applicant to explain the reason for requesting a twenty-four foot wide garage when the code allows nineteen feet which is Board of Adjustment 02/26/98 _ Page 2 adequate for parking two trucks. Mr. Kearns explained that the twenty-four foot width would allow more adequate room for his two large vehicles with space to open the doors while in the garage and to provide access for lawnmowers, etc., to be removed from the garage without moving one of the vehicles. Upon a motion by Board Member ABBOTT and a second by Board Member WALKER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment application Case No. WA-98-1 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property had been posted the required fifteen days by law and there were no protests registered against it; and Whereas, the relief applied for may not be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. WA-98-1 be, and hereby is, denied. Type of Variance: A request for approval of a five-foot side yard setback variance to the fifteen-foot side yard setback requirement for the purpose of building a two-car detached garage. For the following reasons: 1. There are other areas within the site which could accommodate the proposed structure. 2. The hardship was created solely by the applicant. 3. There is neither benefit to the community or to a person with disabilities but to the sole benefit of the applicant. 4. , A nineteen-foot wide two-car addition can be constructed without variance. Board Member ECHELMEYER stated he would vote against the motion because there Board of Adjustment 02/26/98 Page 3 -are several garages in that block that are barely within a ten-foot setback, and he didn't feel the applicant should be penalized because the homes were built before today's zoning was applicable. The vote was 3 - 4, with Board Members ECHELMEYER, HOWARD, JUNKER and MAURO voting NO. Board member ECHELMEYER then moved and Board Member JUNKER seconded that the variance be granted for the reason that the approval would not alter the essential character of the locality, and that there is adequate supply of light and air to the adjacent properties on either.side. The motion failed by a vote of 4-3, with Board Members ABBOTT, THIESSEN and WALKER voting NO. DISPOSITION: A request for approval of a five-foot side yard setback variance to the fifteen-foot side yard setback requirement for the purpose of building a two-car detached garage was denied, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. Chair Person MAURO informed the applicant that his request had been denied. B. Case No. WA -98-2. Alan White presented the case which is an interpretation of the zoning ordinance pertaining to psychological and social counseling clinics within the Restricted Commercial Zone District. This is a result of an interpretation by Mr. White a Zoning Administrator for the City concerning a use as a counseling clinic for addictive and violent behavior that is in existence at 4243 Harlan Street. Mr. White informed the Board that the property is within the City of Wheat Ridge; that all notification and posting requirements had been met for an interpretation; and that there was jurisdiction for the Board to hear this case. He entered into the record the case file, packet materials and exhibits. Mr. White explained that one of the duties of the Board is to hear appeals on decisions made by the Zoning Administrator in terms of interpreting the code. He noted that this is not a site specific case, and that the interpretation should apply to any area of the City that is zoned Restricted Commercial (RC). He presented a background of the case and reviewed the various commercial districts in the City which are organized on the "cascading system." He noted that one of the permitted uses in Restricted Commercial One (RC-1) is clinics and offices for psychological, social, marital, development or Board of Adjustment Page 4 02/26/98 PUBLIC HEARING SPEAKERS' LIST CASE NO: WA-98-1 DATE: February 26, 1998 REQUEST: Approval of a 5' side yard setback variance to the 15' side yard setback requirement for a two-car garage. Position on Request (Please check) SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT) IN FAVOR OPPOSED 7e S P/nlannin a\fnrmc/nhrnctrr Frm - 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 February 26, 1998, 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: lCase No. WA-98-1 - An application by Leonard Kearns for approval of a 5' side yard setback variance to the 15' side yard setback requirements to allow a detached garage. Said property is zoned R-I and located at 2971 Teller Street. "A Barbara Delgadillo, PI ling Secretary ATTEST: Wanda Sang, City Clerk To be Published: February 6, 1998 Wheat Ridge Transcript The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge January 30, 1998 Dear Property Owner: This is to inform you that Case No. WA-98-1 requesting approval of a 5' side ;yard setback variance to the 15' side yard setback requirements to allow a detached garage located at 2971 Teller Street will be heard by the Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on Thursday, February 26, 1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the Planning Commission. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. d\files\boa\pubhrgs\wa981cert. wpd (q03) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 Wg -ate • I ; Kewv►~I s ANTHONY W. KELLY 2981 TELLER ST LAKEWOOD CO 80215-6727 ABE YENKIN 7190 W 30TH AVE LAKEWOOD CO 80215-6814 2970 U B. KIRK ~~~~,``\v\ 2970 PH AM ST LAKEWOOD CO 80215-6736. LEONARD L.KEARNS 2971 TELLER ST LAKEWOOD CO 80215-6727 BERNICE PARACHINI 3011 TELLER ST LAKEWOOD CO 80215-6729 - - I also wish to receive the ances ENDER.- l following services (for an extra fee):. se ! Complete hems 1 aM/or 2 for addamne his farm so that we can return this card t, ❑ Addressee's Address : verse of a • Print your name and address on the m 2 ~ /Restricted DehVery td you or on the back if space does not permit • Attach this let- to the front of the dolpieoe, d and the date delivered. Oetastef for fee Consult • The Return Receipt will show to whom the article was tlehere umber 4a Article N 3. Article Addressed. to: P 966 013. 88 8 "=e ~aaa.r ; 4b. Service Type AWe* CERTIFIED W e CD 802v) x 7. Date of Delivery c7 i j I - 8. Addressee's Address (Piin[ Name) , = eived t - ' (ONLY if requested and fee Paid.) 1 5. Rec t 7 6..Slgnatul-- PS FORN ' e POSTMARK OR RATE - POSTAGE / RETURN SHOW TO WHOM. DATE AND/ pELNEYED ADDRESS OF DELIVERY O N RECEIPT CERTIFIED FEE+RETURN RECEIPT ,CC W SERVICE TOTAL POSTAGE AND FEES OVIDED TI LLQ N NO INSURANCE COVERAGE PR NOT FOR INTERNATIONAL MAIL Q. -0 SENT TO: r r~l M M13 Y t M M G 2y9{84JyJFArbr yd.Leq ,bl Ste f' , pac e 80215 w ~ l W es d - Receipt for P a US Postal Service iPS FORM 3800 Certified Mail a II q ~ I i P' En M Eq O I. 'CS`AC'E POSTMARK OR DATE RETURN SHOV TC wMOM DATE AND RESTRICTED / RECEIPT ADaarss or DEUVCRV auvERv SERVICE -ERPnEaTEE ELROD RECEIPT TOW FEES 11~• SENT TO: NOINSURANCEC NOT FOR NIIEWTIONAR MVAII Pet o ,l w O ZZ WW, LLaI ppa P l oz w aWl WLL Yp Ur N ~ C1 W~ QW J = ar I I SENDER: Pimrpint for z I • Complete items 1 and/or 2 for additional services . • Print your name and address on r 1, t the re also Wish to receive the -.a I o you, verse of this form so that wean retur following services (for an extra n this card fee): • Attach this form m the front of the mailpiece, or on the back if space does not permit. 1 El Addressee's Address • The Return Receipt will show to whom the article w 2' 0 Restricted Delive " as delivered and the date def 3. Article Addressed to. ry eated, Consult postmaster for fee . 4a. Article Number iierry~ P 96L 013 592 [ 2471 '.Cher ,z@. 4b. Service Type II t2;3 31)31) 0. X CERTIFIED 1 a it ' 5 7. Date of Delivf ~ 5. Rec ved By. (Print Name) 8. Addressee's Address Si nature:( ss 6. . ddre` (ONLY if requesteo and fee paid) I or Agen ) X E PS FORyt 3811, January 1995 ~ r Domestic Return Receipt I SENDER: .Complete items 1 and/or 2 for additional services. I also wish to receive the i. I j • Print your name and address on the reverse of this form so that we can return this myna card following services (for an extra fee). • Attach this form to the front of the mailpiece, or on the back if space does not permit. • T 1. ❑ Addressee's Address 2 . El Restricted Delivery he Return Receipt will show to wham the article was delivered and the date delivered. 3. Article Atldressetl to:. tma Consult postmaster for fee. ;n 4a. Article Number Haralop Pest Ifni P,966 013 593 30WI ar St. 4b. Service Type 2 'i CD 80215 ~l CERTIFIED ~ w - - 7. Date of 1Delivery 2 ;y ~ 5 Received By: (Print Name) 8. Addressee's Address l - (ONLY if requested and fee paid.) natu dressee or Age 6. iig ; / X RM38 ; nuary 1996 Domestic Return Receipt CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA JANUARY 22, 1998 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on January 22, 1998, at 7:30 P.M., 7500 West 29th Avenue, Wheat Ridge, Colorado. CALL THE MEETING TO ORDER 2. APPROVE THE ORDER OF THE AGENDA PUBLIC FORUM (this is the time for anyone to speak on any subject not appearing on the agenda) 4. PUBLIC HEARINGS Denied A. Case No. WA-97-31: (CONTINUED FROM 12/11/97) An application by Ben Bandimere for approval of a 953 square foot lot area variance to the 9,000 square foot lot area requirement and a 15' lot width variance to the 75' lot width requirement for a duplex. Said property is zoned Residential Two-A and located at 4470 Lee Street. Continued B. `S~f'ase No.-WA 9R=j =`kn application by Leonard and Glenna Kearns for approval of a five foot side yard setback variance to the 15' side yard setback requirement for the purpose of constructing a two-car garage. The property is zoned Residential-One and located at 2971 Teller Street. Approved w/ C. Case No. WA-97-29: An application by Robert Davis for approval of a 17'-6" conditions front yard setback variance to the 30' front yard setback requirements for the purpose of constructing an addition to their garage. The property is zoned Residential-One and is located at 12075 W. 29th Place. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS Approved to A. Reconsideration of Case No.. TUP-97-7, Chesrown Automotive Group reconsider @ Feb. MeetFg NEW BUSINESS Approved A. Approval of Minutes: December 11, 1997 8. ADJOURNMENT to February 26, 1998 Whereas, the applicant was denied permission by an Administrative Officer; and Whereas, Board of Adjustment Application, Case No. WA-97-31 is an appeal to this Board from the decision of an Administrative Officer; and Whereas, the property has been posted the required 15 days by law and in recognition that there WERE NO protests registered against it; and Whereas, the relief applied for MAY NOT be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. WA-97-31, be and hereby is DENIED. Type of Variance: A Request for approval of a 953 square foot lot area variance to the 9,000 square foot lot area requirement and a 15-foot lot width variance to the 75-foot lot width requirement for the purpose of building a two-family residence. For the Following Reasons: Criteria: 1. According to Section 26-15 (F), of the Wheat Ridge Code of Laws, a one-family dwelling in the Residential-Two A zone district can be located on a 7,500 square foot property with a 60 foot lot width. Therefore, if the request is denied, the property may yield a reasonable return in use, service and income. 2. The property was subdivided with the understanding by the Planning Commission, that it was to remain a single family parcel. The applicant was made aware during the subdivision process that the property was substandard in lot width and lot area for the development of a duplex. 3. The property currently exists as a primarily rectangular lot, although the southern property line meanders to the east at a slight angle there is inadequate building envelope established that would permit proper development of a sizable residential structure. 4. The hardship has been created by the applicant through the subdivision process. The applicant has sole interest in the property. 5. There would appear to be no hardship other than the lot size and width. There are several properties throughout the City of Wheat Ridge which exist as substandard lots of record, this hardship situation is common to all of these properties. The motion'carried 8-0. B. Case No. WA-98-1: An application by Leonard and Glenna Kearns for approval of a five foot side yard setback variance to the 15' side yard setback requirement for the purpose of constructing a two-car garage. The property is zoned Residential-One and is located at 2971 Teller Street. Board of Adjustment 01/22/98 Page 3 Sean McCartney presented the staff report, including a correction to the cover sheet. The date posted and date legal notices sent should state January 8, 1998, instead of January 15, 1998. Zoning Ordinance, case file and exhibits were entered into the record. The property is within the City of Wheat Ridge, all notification and posting requirements have been met, therefore there is jurisdiction to hear the case. Mr. McCartney presented slides and aerial pictures of the property. He also presented an overview of the case including measurements, comparisons to properties nearby, and other options for the size of the proposed garage. Mr. McCartney followed with explanation of the criteria used to evaluate a variance application. Staff concluded that the criteria supports approval of the request. Board Member ECHELMEYER brought attention to the fact that the application is unsigned and was not notarized, he asked if the Board is still able to act. Staff responded that an incomplete application keeps the Board from taking any action at this time. Public testimony can be heard but decision should be based on a complete application. Board Member THIESSEN asked for clarification of the option of locating the structure at a different location of the site. Mr. McCartney responded that the structure could be located in the rear of the property which would comply with the setback requirement, however, this would create a long driveway, which would be more costly. Board Member HOVLAND asked if the garage has to be detached, or could an attached garage be proposed. Chair Person MAURO swore in Leonard Kearns of 2971 Teller Street Leonard Kearns presented his case including the explanation for proposing a detached garage. The reason being is that in order to attach the garage the gas meter would have to be moved. Mr. Keams also explained his reason for proposing the extra width, in order to accommodate his large vehicles and space to open the doors while in the garage. Board Member ABBOTT discussed the hardship criteria with the applicant and explained that this is one of the major deciding factors. He also explained that there are a number of properties within the City of Wheat Ridge that meet the same requirements of his property and they have located their garage behind the house. Discussion followed regarding the requirements of ventilation and escape windows according to the Building Code. There was a motion by Board Member HOVLAND, seconded by Board Member WALKER, to continue the case until the application is complete and the Board has all of the information that is necessary. Board of 01/22/98 Page 4 PUBLIC HEARING SPEAKERS' LIST CASE NO: WA-98-1 DATE: January 22, 1998 REQUEST: Request by Leonard/Glenna Kearns for a 5' side yard setback variance to the 15' side yard setback requirement for a two-car garage located at 2971 Teller Street. Position on Request (Please check) CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: January 22, 1998 DATE PREPARED: January 14, 1998 CASE NO. & NAME: WA-98-t\ Kearns CASE MANAGER: Sean McCartney ZIIDr ~ ACTION REQUESTED: Request for approval of a 5' side yard setback variance to the 15' side yard setback requirement. LOCATION OF REQUEST: 2971 Teller Street NAME & ADDRESS OF APPLICANT(S) Leonard Kearns 2971 Teller Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 14,016 square feet PRESENT ZONING: Residential-One PRESENT LAND USE: Single Family Residential SURROUNDING ZONING: and S: Residential-One, and E: Residential-Two SURROUNDING LAND USE: N:, E: -W: and, S: Single Family Residential DATE PUBLISHED: January 2, 1998 DATE POSTED: January 15, 1998 DATED LEGAL NOTICES SENT: January 15, 1998 AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED RELATED CORRESPONDENCE: ( ) (XX) NONE ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS ( ) SUBDIVISION REGULATIONS ( ) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to bear this case. I. REQUEST The applicant is requesting approval of a 5' side yard setback variance to the 15' side yard setback requirement, to allow for the construction of a two-car garage in a Residential-One zone district. If approved, the garage will be located 10' from the side (north) property line. According to the attached site plan, the applicant is proposing to locate the two-car garage on the north side of the property. He is proposing the garage to allow for enclosed parking for his two full-size trucks. The applicant has stated that he needs a 24' wide garage to allow for adequate access in and out of the vehicle when both vehicles are parked within the garage. The existing single-family residence does have an attached single-car garage. Currently, the applicant is parking his vehicles on a driveway on the north side of the property. Pursuant to section 26-10(F), of the Wheat Ridge Code of Laws, a detached garage or carport must retain a side yard setback of 15' from the side property lines. If the variance is approved, the structure will be 10' from the side property line, and retain approximately 20' from the existing structure on the adjacent property to the north. To date, there have not been any phone calls or letters of opposition. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for a -variance: A 1. Can the property in question yield a reasonable return in use, service, or income if permitted to be used only under the conditions allowed by regulation for the District in which it is located? Yes. The applicant has designed the proposed garage to allow for adequate space to park his two full-size pickups. According to the site plan, the applicant could build a typical 20' wide, two-car garage. If so, the proposed structure would comply with the 15' side yard setback requirement, and allow for the 3' minimum separation between structures. 2. Is the plight of the owner due to unique circumstances? No. There aren't any unique circumstances attributed to this case. 3. If the variation were granted, would it alter the essential character of the locality? No. Although there is only one other property within the immediate vicinity that has been approved for a 10' side yard setback variance, approval of this request should not alter the essential character of the locality. Board of Adjustment Page 2 WA-98-1/Kearns 4. Would the particular physical surrounding, shape, or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The property currently exists as a primarily rectangular lot and there is approximately a 12,798 square feet of buildable space remaining on the property. Therefore, there are other areas within the property for which this size of garage may be located. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to other property within the same zoning classification; and, Yes. Anyone may apply for the same type of variance in the same zone district, however the outcome may not be the same. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property; and, No. The sole purpose of the variance is to allow for enclosed parking for the applicant's two full- sized pickup trucks. Has the alleged difficulty or hardship been created by any person presently having an interest in the property; and, Yes. The hardship has been created by the applicant who has sole interest in the property. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, No. Granting of this variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood as approval of this variation will only permit the construction of a two-car detached garage. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood, and No. Because the garage will be located approximately 20' from the adjacent residential structure to the north, approval of the variance should not impair the adequate supply of light and air to the adjacent property. Also, the applicant will be placing this garage on the side of the property where he currently parks his vehicles. Therefore, approval of this request will not add any additional vehicular accesses and create congestion in the public streets. to. If it is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or Board of Adjustment Page 3 WA-98-1/Kearns impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? No. Approval of this request is neither a benefit for the community nor for the reasonable accommodation of a handicapped person. This request is based solely upon individual benefit. III STAFF'S CONCLUSION Staff concludes that the above criteria supports approval of the request. Although it was found that the applicant could locate this structure in another location on the site or simply modify the design to make the garage comply with the setbacks, approval of this request should not alter the essential character of the locality. Also, because the proposed structure will retain a 5' side yard setback, there will be at least 20' between said structure and the existing garage to the north, allowing for an adequate supply of light and air to the adjacent property. IV RECOMMENDED MOTIONS OPTION A: "I move that case no. WA-98-1, a request for a 5' side yard setback variance to the 15' side yard setback requirement for a property located at 2971 Teller Street, be APPROVED for the following reasons: 1. Approval of the request will not alter the essential character of the locality. 2. There should be an adequate supply of light and air to the adjacent property to the north." OPTION B:"I move that case no. WA-98-1, a request for a 5' side yard setback variance to the 15' side yard setback requirement for a property located at 2971 Teller Street, be DENIED for the following reasons: There is approximately 12,789 square feet of buildable area remaining on the site for development potential. A 20' wide garage built within 3' of the existing structure would comply with the required setbacks. There is no hardship or unique circumstances." Board of Adjustment Page 4 WA-98-1/Kearns z ~ i J ~ `I I ~ JI I O l 1 z I 7 ~ LAKEWOOD OFFICIAL ZONI N6 MAP . NHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 DEPARTMENT OF PLANWNG AID DEVELOPMENT - 235-2852 A v 2660 26{0 ~ R O c ~ ry I-.~ ~ 8 n ~ S Sf) n H. 26TH AVE.---::rc ZONE DISTRICT BOUNDRY - PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) - CITY LIMIT LINE - - - - WATER FEATURE • DENOTES MULTIPLE ADDRESSES i SE 2b o w w m wo +w SCALE V-400 L:\0RAWINGS\PLANNING\QS\SE26 v ~ Z 4) 4 ~ ~ t tl ZI j a Q lll~ H v ~ f w a ~ I \s o~ v <~o ~r!y ~l Cr-no2j, 62s~ ~s 2) --4 X73 L I a H a 9S1ZII ' o~aw 0.l W x E ~h J v CO It r z W W x O M2 E x E 0 U~ f _ Nj W E ro W a 4 WW~ o w~ W W O a Zd w pa 0dwu0 - 'p VVV tl w < rn HE20 o .O O z a w xwooou Y1 "h1 M Il F-1 r O z E-+ W U3 W ° 000>° Ooze 0 W W rr Ill H W u w o w -wwa I ifpe))S -2rvQ W ¢ x W D E ~E N W CO O f Q m _f o ~'zL ln' v A 2 r 7 ~ w Z v z _ O ~ N LL [C W O F. v III Comm W U > N O n z d ..aa o n _ < O N ¢ o v l< o N pupi J c a dm ° F 3 < W rc z a < O v a W a J ~ 0 z° V p T- k tl V) \j V' 1 \ X11. ~r- o ro« m o o ««m EL (D0 >m m ID N m m Ym ` ~E L 0ox ~ M C I N C N N O I q a mocm a E d> o L C N « 6 y N N N p N N 0 Yak O O O C O a) o X ' ♦ C U) OR ( I/ J N O ~ ~ »n mE0E m 4) a) I z des ~oo n 11H ♦+C m!L~C `ODO C. m Ec"mm ayp NOCn> mo >Eo'oc W>g O`0-UmN 08g EECa ~am O C N C 0 OV.w Z~r w F U' z a W 00 W i 11 Kc i 0 m ~ G c R C Y V Y Y W cK `o M N Y b a W ~..y G ~ Y N F~ w 0 K N 9 b ~ O x Q) W w d h o c ti O U G m a 5 a L w z. v O 4. a 9 Y ro w 0 oU Ln r-I (V o O v co N O t U ° O4 O fa Iv w Q) 44 ~4 Q) l Hj `o ,-I c O ° ~ V m a N ~ ^ O y V Y 'c Y r. ~ R q C Cc o Y ~ Y Y N O Y O o o v O Ln t` V] x Y 'O F 'O Y M Y C 'D N Y N Y ~ RJY Y N Q G 4 Y Y Q N " N 3 Y a y N Y L ro ' .N. F W G ~ y O z 'O w a o ti ~ m ~ Y Y N G' E n v h O sr.' Q i L w L L 6 Q . N G ro 7 0 • u Y Y ro E Q U o Q F ro o 'y v p T d F ti y 0. E w C x G R u .G f°r 0 G 0 O L ' _ Y v y., L O v ~ o o x O N 'O 9 t6 U LO ro y E I C .N N ( + N V Q L Y ''d a ~ ~ ~V C i ro N v I ro p ^ w ° = m O R Y a o R d co o s F ❑ L w v Y G K CO y L 3 i L I Y N N Y N L CO 4J O + a a" v o .G 0 m F Y m y m ro ; o Y itl m m 1 0 tl ° a m N v y I A w o A v . 5 O m ro ° 0. b0 O o O Y F N v G ul W N ro Y G 'C N v H ? G N a v Y V Y y S-1 R N bL Z I m O c y v s N m E Vl L m G L ~ L ] o N Y v ~ N N h e N r I ' Y m w , cn ` ' Y N U) Y , . -P 0 I m L m W „ " Y G v b4 °1 v ° V a N O f-i v c o ro , O L m Y r-I ° o« c . fJ] n o R (tl U S l > c ° i N t .L o 1-1 4-1 y .L F -I r F 1c N 0 0. y. W W d 0. Y ° w ~ C 7 Y w< L y d 9 Ul N c. + a s y W 44H--!! G N N y a Y y G Na rJ L ? p 't E F7 lO 4 N 'O .G 9 > A 0. m 7 G ro N s s t y. G T N .n f y N Q a J a a V i J 6 r v N N N N G L w v 0 9 bG 'G Q cvi C Y R •O 9 F y a mo aNa ro c~ Y L p N N 60 'C N N N 'YO ro I ro C ° r. i ro r, c O U JJ 'V' v + p w Y a 49 p L k N ' . c Y Y ry O G v y N G w G N 3 E 4 y y G ro Q Y Y N G zi O rl itl L w N bG 0 G s%. o F o o C a r-I a ,L N ^ .N EO v o 60 y v v v y m G ° V ; (D w N F Y L W N N ro Y y°j O r W w y J V R rxj. ° 3 a O Y c - G Y m E . ro m ' .,I + N ° .a 'c' a o - F N G . Y G E u v o C C ` ~ p 0 v G ro a u m _ o W -W h y o Y s . O m v o _u F Y L +J 23 7 y c E O Z O 'y v 3 , v N o y E w y y 4 a C 'c+ C Y ) 4 O O O N L m w ro ' w .~1 p ttl U 'o i N N w - U] o c ro w N L G. a N U ❑ U N o C L h G W In Q~ bb➢ SY. Y o ' ,L ° L (ll N l N a a o ° c W O W S1 L v G . .E E y 1 v ' o Y O v U) E bo i. Y s ro c r i Q C ro " .-s O n O 3 ? 3 b c , m ~ a' Fn p c C ro o N v Y 0 Y m .o v Y m R N E A ' C v G+ u ri U N y y o ° y v m C R N .c J U) 44 w R h a n ro i b c L E' W G 4 ' O W v , v . ° N i Y O a O U7 O ri U) O N Y Y i 6q ° TJ F C o v m ro k a a + Q c i ` o v; rt7 Y G N W B L z° ro L . ~ c C U) W -P N YL 3 L ai •n u .o ro o ?i O ro ° W Y o O N U 0.a' N . N fX y > Q N .o a a m 0 JJ U7 w m w 1 : ° Q ~4 [ . b a PQ W V U] .C' F Z N , Y N N j a o ^ Y ~ N ' o Y ° ' .O v c . v. G O by y O o , G u m y A U1 N > W Y v i 1 b G M -6 o E' .0 m F u > O 7 'ZS > w x ! > ti v p ro .y h C m% y A o c G G ' R O L ro Y N R v w bn td Y m N v i w m a a a C 6 Q W W W V] V J U : w ° Y V G v N Y L a Y G Y L v a 0 9 Y 9 Y UI C c0 ti -P a 0 Y E O 44 c O 1 c Q f] c x ^ p c a ro O u c ro O J c Y F F L V? v G tC G o C i 7J L 4 Y L F s in d L 4 x Y O E C v Y S N z goea xoou w Q OOOSs The City of GWhe at ADMINISTRATIVE PROCESS APPLICATION Rid Department of Planning and Development ga 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant , C oldur~ ,?Z115 Address a~ 7/ ( p1~yp- Phone Z LS Owner / /oer'4't~ Address 297j T1l® Phone~T siC~ Location of request Type of action requested (check one or more of the actions listed below which pertain to your request.) E3 Change of zone or zone conditions Variance/Waiver Site development plan approval Nonconforming use change Special use permit Flood plain special exception Conditional use permit Interpretation of code Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation 8 Preliminary Miscellaneous plat Final Solid waste landfill/ ❑ See attached procedural guide mineral extraction permit for specific requirements. ❑ Other Detailed Description of request 6!6,4M o~ d'(32y © /j-' !C-sae List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE 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 from the owner which approved of this action on his behalf. Signature of Applicant (;6,".. Subscribed and sworn to me this a3 M\day of b , 19 SEAL Nota y Public my commission expires Date Received t2 Ifi q~ Receipt No. eOO4456v Case No. P.O. BOX 638 TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80033 cWheat GRidge January 8, 1998 This is to inform you that Case No. WA-98-1 which is a request for approval of a 5' side yard setback variance to the 15' side yard setback requirement to allow a detached garage. for property located at 2971 Teller Street will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. , on January 22, 1998 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the BOARD OF ADJUSTMENT. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION "The Carnation City" SENDER: i • Complete items 1 and/or 2 for additional services. i th t f hi f SENDER: • complete items 1 antl/or 2 fora nal services. - _ - . I also wish to receive the following 'Ices (for -an,zxtra fee): I orm so a t s j Print your name and address on the reverse o na: - -m Print your name and address o verse of this form so that we can re urn this Ar.. to vou. eard ❑ 1 Eessee's Address y , ~ • Adach is'FRrmet6the.fmnt of the mailpiece or on the back if spact • Attach this form to the front of [he Tailpiece or on the back if space does net permit. 2. ❑ Restricted Delivery - • Th et~(q IQt will stioW to Whom the adide was tlellvered andl • The Return Receipt will she. to whom the adicle was tlehimmul and the date delivered. Consult postmaster for fee:- - /AddrU A tq " 7 3. it ArtwleAddressed to:.. 4a. Article Number r ~Xl P 966 013 969 - reams E 4b. Service Type ~s3 s e C7 80215 X,CERTIFIED ' ;S0At91. atelof~~Pelivery 5. Received By: (Print Name) 5. Received By: (Print Name) Add[ `a ees-Address - - - 1 (OND~-,if requested and fee paid.) 6. Signature: (Addressee or Age 6.:Signatur res cfeo _ W 1, X F PS FORM 3811; January, 1996 i ` P6 FORM $8116 daguedy;1096 i r r i t ; E ) •DOI7iesti(~ Ri5turn Recelpt j 1 POSTAGE POSTAGE RETURN ERETURN SHOW TO WHO SNOW TO WHOM ( SHOW TO OF ADDRESS ADDRESS OF DELI, RECEIPT CERTIFIED FEE CERTIFIED FEE +R SERVICE TOTAL POSTAGE CID TOTAL POSTAGE AN No INSURANc SENT TO: "°ITIM SENT TO: NDTROe 0' M m rE1 1-1 !award:. BeI C3 2971 TaV 0 x3x0~1~1 ¢"i~n.~,iea: t n 3a~~~, tf^ Ym«1 ~ g9~~1 a PS FORM 3800 LI PS FORM 3800 O M1 117 m a C3 P' A POSTAGE POSTMARK OR DATE :111EIINI SHOW TO WHOM. DATE AND RESTRICTED ADDRESS OF DELIVERY DELIVERY CERTIFIED FEE = RETURN RECEIPT E TOTAL POSTAGE AND FEES NO INSURANCE COVERAGE PROVIDED - SENT TO; NOTFORINTERNATIDNAL MAIL 2981 ` ...ler Sta PS FORM 3800 US Postal Service Receipt for Certified Mail 0 0 W N zw wo T p oa az o~ aTo w To U0 N0 Ul aw aF I z I ~l a I I I SENDER: i •Complete ita for iti Of . r SENDER: • Print your nam me and antl addr tltlress on on the e events of this fJ • Complete items 1 and/or 2 for additional services. to you. - )I • Pont your, name. antl address on the reverse of this • Canplete items 1 and/or z for additional services. I also Wish to receive the following services (for an extra fee): • Print your name and address on the reverse of this form so that we can return this card to wn 1 El Addressee's Address • Attach this form to the front of the Tailpiece or an the b k if rR o p • Attach this form to the to • The Return Receipt will show to whom the article west ac space does not permit. • Alfach4his form to the from of the Tailpiece or on the bad' • The Return Receipt will show to whom the article was delft The REtam. Receipt will show to whom the article was covered and the date delivered. 2. El ad Delivery Consult It It Postmaster for fee 13 Artipte Addressed to - - ? - ` 3 ~~Et Addressed to: 3 ArtdeAddressed to. - . 4a. Article Number P 966 013 973 j tt I y ~tricits Effrl ~y iabeti, ga ~s 2, 4b S r i Ty 7.fto Upham St. ~y~- 22 6 AKiQ Sts . e v ce pe, liillk"Jood, 20215 ~ 4M 802i5 Chi 80215 X CERTIFIED isc'A"98^1 7. Date of Delivery 5. Received By: (Flint Name) 5. Received BY: (Print Name) 5 Recelved. By: (Print Name) j 8. Addressee's Address -to (ONLY if requested and fee paid.) 6 S 6. Slgnatur Add ssee o Agent) 6. Signature: (A dressee or Agent) . Ig ddressee or Agent) e X v f~' PS FORM 3811, Januar 1996 I PS FORM 811 January 1996 PS FORM 3811; January 1996 : - r i i; Domestic Return Receipt iece or on the " to you. f the mail POSTAGE rIll 171 Er m ra ° .n 0- a LIEIEIPT SHOW TO WHOM DA ADDRESG OF DeuvE E CERTIFIED FEE+RE; TOTAL POSTAGE AND xEiiza k-L ;3i .?950 use . jn ir CIE : ;t "aa.3-98-4 PS FORM 3800 U: RETURN ECEIPT SERVICE POSTAGE SHOW TO FEET ADDRESS OF I CERTIFIED FEE TOTAL POSTAL M POSTAGE RETURN SHOW TO WHOM, DATE AND REE ADDRESS OF DELIVERY RECEIPT DEL CERTIFIED FEE+RETORN RECEwr SERVICE N ` NOISUI R TOTAL POSTAGE AND FEES t NOT SENT TO: OT NOINSURANCE COVER AGE Pit SENT TO NOT F Ir . OR INTERNATIONAL IRE m a a a> i 'a o 1~atrift iit Kirk ° 2 3 FS I 2970 €,pbarY 5t,- t A lat- ve" co 1 21 ~ . -o , ,0 5 Er 0- PS FORM 3800 - PS FORM 3800 US Postal Service 'MARK OR DATE o a O W U! U1 zw WQ 0 O azl ppl W awl YO U X21 w~l awl Ii W, ati I Receipt for a I Certified Mail o I t SENDER: • Complete items 1 and/or 2 for additional services. I • Print your name and address-on the reverse of this fore so. that we can to you. • Attach this form to the front of the mailpiece, or on the back if space does I • The Return Receipt Will show to wham the article was delivered and the del 3. Article Addressed to W aKt, ti7 80215 5. Received By: (Priat_LVI n Complete items 1 antl/or,ZJpr additional services 18150 wish to receive the • I your name and address on the reverse of this form. so that we can return this to Y.L. card fOIIOWIng SerVICQS (for an extra fee): • Attach this form to the front of the mailpiece, or on the back it space does t I] Addressees Address ~ not permit • The Return Receipt will show to whom the arkcle was deli-red and the date delivered 2' ResirlCted Delivery . 3.Artlcle Addressed to. Consult Postmaster for fee ) 4a. Article Number P 966 013 974 - fir k~ Service Type - - ® CERTIFIED "is of Delivery 5. Recelved By: (Print Name) _ 8: Addressee's Address (ONLY if Fj!Slgnatude: (Addressee of Agent) Y~f-(yi its 11, JarNary 1996 i POSTAGE RS ORE TO w W DATE AN HOM , ADD SS DELIVER CERTIFIED PEE + RETURN Ln TOTAL POSTAGE AND FEE: s N IL' NO INSUPAN E OV SENT TO. NOT FOR INTER C~ 6" m ra Abe y :27ibin m C3 7190 W. 30th ~ e- rq q ~ e .E a~XP Te=R co L . , .p ~ E ; - 17 G a PS FORM 3800 US F a O >ri w EEwgl oQ az aLu x¢ col m0 wpl aw~ ar~ r5 FUHM 3800 US Postal Service Receipt for a Certified Mail o i I r m co ~ m y cro m m U) t[J 2 L6 N N z N ~ 7 N m se N m N W m Q W Y ~O (n U O N U Y ~O N U >p Q U K F g 0 p = 0 Z z = D F-- o o 0 0 = IL Q CL O O < I LLI co Z) w O w } w o ry QN Q r[ Q 0 Y Lj m LU N W rn N J d rn N m Q Q r J YJ N N M ~ 1 1 Z a = p r p ~ 0 0 U W Fro ro LL J W = (0 p y y 0 U) O W a 0 = (0U U Q U Z U Q 3 a W 0 3 W 0 z a 0 U rn 0 = O N Z W W O= ~ W Sw 3: of = W W w ~y z mY Fq- mY ~Y co M J Q N J 4 N J r Q