HomeMy WebLinkAboutWA-98-037500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
April 28, 1998
Mr. Barry Jumpe
4201 Reed Street -
Wheat Ridge, CO 80033
FtE: WA-98-3 '
Dear Mr. Jumpe:
Ridge
Please be advised that at its meeting of April 23, 1998, the Board of Adjustment APPROVED your
request for a one-foot side yard and rear yard setback variance to the five-foot requirements for the
purpose of constructing a storage shed for the property located at 4201 Reed Street.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, April 23, 1998. Should you decide to appeal the decision of the
Board, you will need to notify the Jefferson County district court in writing within 30 days of the
Board's decision.
Please feel free to contact me at 235-2846 if you have any questions.
Sincerely,
Barbara Delgadillo
Planning and Development Secretary
Attachment: Certificate of Resolution
/bd
cc: WA-98-3
C:\Barbara\BOA\CORRESP\wa98031 umpe.wpd
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 23rd day of April, 1998.
CASE NO: WA-98-3
APPLICANT'S NAME: Barry Jumpe
LOCATION: 4201 Reed Street, Wheat Ridge, CO
Upon a motion by Board Member HOVLAND and second by Board Member ECHELMEYER,
the following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-98-3 is an appeal to this Board
from the decision of administrative officer; and
WHEREAS, the property has been posted the required fifteen days by law and there were no
protests registered against it;
WHEREAS, the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
WA-98-3 be, and hereby is, approved.
TYPE OF VARIANCE: A request for approval of a one-foot side yard setback for the purpose
of allowing a storage shed.
FOR THE FOLLOWING REASONS:
The shed does not alter the essential character of the locality.
2. The shed will allow additional enclosed storage space.
3. The property does not provide adequate development potential due to the placement of
the existing house and the corner setback requirements.
4. There have not been any registered complaints regarding this request.
Case No. WA-98-3/Board of Adjustment Resolution
Page 2
WITH THE FOLLOWING CONDITIONS:
The shed must be moved one foot south and two feet east from the adjacent
property lines to comply with the variance request.
2. The shed must be painted to match the applicant's existing house.
The motion passed by a vote of 5-0.
VOTE: Yes: Echelmeyer, Howard, Hovland, Junker and Mauro
No: None
Absent: Abbott, Thiessen and Walker
Board Members ABBOTT, THIESSEN and WALKER absent.
DISPOSITION: A request for approval of a one-foot side yard setback variance to
the five-foot side yard setback requirement for the purpose of allowing a storage
shed was approved.
ADOPTED and made effective this 23rd day of April, 1998.
NDA MAURO, Chairman
oard 0
f Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
5. PUBLIC HEA."NG
A. Case No. WA-98-3: (continued from March 26, 1998). SeanMcCartney
presented the case which was an application by Barry Jumpe for approval of a
one-foot side yard and a one-foot rear yard setback variance. The property is
zoned Residential-Two and located at 4201 Reed Street. He reviewed the
applicant's request, noting that when the applicant originally erected the storage
shed he was not aware of the necessity of obtaining a building permit, and a stop-
work order was consequently placed by the City. Mr. Jumpe then applied for a
two-foot side yard and rear yard variance which was presented at the March 26,
1998 meeting. After reviewing the case, the Board asked Mr. Jumpe to present an
alternate plan at the meeting of April 23, 1998.
Mr. McCartney entered into the record the case file, packet materials and exhibits,
and informed that the property was within the City of Wheat Ridge, that all
notification and posting requirements had been met and there was jurisdiction for
the Board to hear the case. He informed that the R-2 zone district requires five-
foot rear and side yard setbacks, and that the applicant had proposed moving the
shed to be four feet from both side and rear yards. He stated that the applicant had
agreed to paint the shed to match the house on the property and that all of the
neighbors had indicated approval of the applicant's request. He noted that the
Uniform Building Code requires that the shed to be fire rated.
Following brief discussion, the applicant appeared before the Board.
Barry Jumpe
4201 Reed Street
Mr. Jumpe was sworn by Chair Mauro. He stated that he built the shed for
storage purposes before he was aware that a building permit was
necessary.
Board Member ECHELMEYER asked the applicant if he would consider moving
the shed the full five feet from the rear so there would only be a need for the one-
foot side yard variance. He also asked if the applicant had plans to place concrete
or blacktop in front of the shed.
Mr. Jumpe replied that he would be willing to move the shed five feet forward;
however, an exhaust vent from the house furnace would interfere with the shed
and, therefore he would still like to have the one-foot side yard variance. He
stated that he planned to leave the area in front of the shed as grass.
Board Member HOWARD asked if any comments had been received from the
neighbor at 4295 Reed Street.
Board of Adjustment Page 2
04/23/98
Mr. Jumpe repl .,d that the homeowner of that address hao approached him about
the letter he had received from the City. He stated that when he explained the
variance request, the homeowner said he did not have any objections.
Mr. McCartney informed that the City had not received any opposition to the
request.
Upon a motion by Board Member HOVLAND and second by Board Member
ECHELMEYER, the following resolution was stated:
Whereas, the applicant Was denied permission by an administrative officer; and
Whereas, Board of Adjustment application Case No. WA-98-3 is an appeal to
this Board from the decision of administrative officer; and
Whereas, the property has been posted the required fifteen days by law and there
were no protests registered against it;
Whereas, the relief applied for may be granted without detriment to the public
welfare and without substantially impairing the intent and purpose of the
regulations governing the City of wheat Ridge.
Now, Therefore Be It Resolved that Board of Adjustment Application Case No.
WA-98-3 be, and hereby is, approved.
Type of Variance: A request for approval of a one-foot side yard setback for the
purpose of allowing a storage shed.
For the Following Reasons:
1. The shed does not alter the essential character of the locality.
2. The shed will allow additional enclosed storage space.
3. The property does not provide adequate development potential due to the
placement of the existing house and the comer setback requirements.
4. There have not been any registered complaints regarding this request.
With the Following Conditions:
1. The shed must be moved one foot south and two feet east from the
adjacent property lines to comply with the variance request.
2. The shed must be painted to match the applicant's existing house.
The motion carried by a vote of 5-0, Board Members ABBOTT, THIESSEN and
WALKER absent.
Board of Adjustment Pale 3
04/23/98
Disposition: A request for approval of a one-foot side yard setback for the
purpose of allowing a storage shed was approved.
Chair MAURO informed the applicant that his request had been approved.
B. Case No. WA-98-13 - Sean McCartney presented the case which was an
application by B. L. Jordan, owner of Jordan's Building Center, for approval of a
25-foot front yard setback variance to the 50-foot front yard setback requirement
to allow a six-foot fence for property zoned Commercial-Two and Light Industrial
and located at 5026 Ward Road. He entered into the record a letter from the
adjacent property owner, Robert Harmsen, indicating approval of the variance
request.
Mr. McCartney reviewed the staff report and entered into the record the zoning
ordinance, case file, packet materials and exhibits. He informed that the property
was within the City of Wheat Ridge, that all notification and posting requirements
had been met, and that there was jurisdiction for the Board to hear the case.
This case was originally presented to the Board on May 22, 1997 at which time
the applicant was requesting a 35-foot front yard setback variance. The Board
continued the case until August 28 because the applicant and his neighbor had not
come to an agreement about the request. The Board heard the case again on
August 28, 1997 at which time the request was denied because the facts of
findings did not support. approval and the property owner to the north had several
points of opposition.
Mr. McCartney informed that Mr. Jordan had come to an agreement with the
property owner to north for the present variance request which would allow
adequate visibility to the north. He stated that Mr. Jordan had agreed to landscape
the entire area to bring it into conformance with the essential character of the
locality. He noted that the applicant felt the loss of storage space on the property
due to the 50-foot setback requirement, would present an economic hardship for
him.
(Board Member THIESSEN arrived at 7:53 p.m.)
Mr. McCartney reviewed the criteria used to evaluate an application for a
variance and informed that it was staff s conclusion that the criteria did support
approval of the request. He stated that the property was currently being used as a
storage yard and had not created a negative impact on the surrounding
neighborhood; however additional screening of the storage material with
landscaping along Ward Road could provide a visual relief from the local
industrial character. He concluded by requesting an addition to the recommended
Board of Adjustment Page 4
04/23/98
SIGN-UP SHEET
'.Case No. WA-98-3: An application for approval of a l' side yard and 1' rear yard setback variance to the
5' side and rear yard setback requirements to allow a storage shed. Said property is zoned R-2 and located
at 4201 Reed Street.
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: April 23, 1998 DATE PREPARED: April 15, 1998
CASE NO. & NAME: WA-98-3\Jumpe CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of a 1' side yard and P rear yard setback variance.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S)
4201 Reed Street
Barry Jumpe
4201 Reed Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECKLIST: ( )
RELATED CORRESPONDENCE: ( )
ENTER INTO RECORD:
Same
10,500 square feet
Residential Two
Single Family Residential
N:, E:, W: and S: Residential-Two
N:, E: W: and, S: Residential Single Family
February 6, 1998
February 12, 1998
January 30, 1998
(XX) NOT REQUIRED
(XX) NONE
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( ) 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 hear this case.
I. REQUEST
This case was previously heard on February 26, 1998. Originally, the request was to allow for a 2' side
and rear yard variance to allow for the existing shed to remain 3' from both the north and west property
lines. The Board had motioned for denial of the request, but the motion for denial did not carry. The
Board then made a motion to continue the case so the applicant could modify his request and possibly
provide further information to assist the Board in their decision.
Therefore, the applicant has modified his request for approval of a 1' side and rear yard setback variance
to the 5' side and rear yard setback requirement to allow for an existing storage shed to remain on a
property located in the Residential-Two zone district. Approval of this request will permit the 12' X 24'
storage shed to remain 4' away from the northern and western property lines.
During construction of the shed, the applicant was given a stop work order by the Wheat Ridge Chief
Building Official, John Eckert, who noticed the illegal structure while driving through the neighborhood.
The applicant did not know that there was a building permit required for such a structure. The storage
shed is 90% completed.
There is another existing 8'X 10' storage shed located along the western property line within the
designated rear yard. Pursuant to Section 26-15(F) of the Wheat Ridge Code of Laws, storage sheds, or
the accumulation thereof, are allowed 400 square feet of maximum building coverage. If approved, the
applicant will have approximately 368 square feet of storage shed's on the property.
Pursuant to Section 26-15(F) of the Wheat Ridge Code of Laws, a storage shed built within the
Residential-Two zone district must retain a 5' setback from both the side and rear property lines. Also,
storage sheds are permitted to be 20' in height (measured from finished grade). The existing shed is
approximately 16' in height.
According to the applicant's neighbor, who was present at the last hearing, the shed does not pose any
threat to the neighborhood and believes it will add to the essential character of the locality by allowing
for enclosed storage. To date, staff has not received any letters of opposition.
II SITE PLAN
As shown on the attached site plan, the property is a corner lot which measures 75' X 140', or
approximately 10,500 square feet. Due to the setback requirements established for corner properties (30'
setback from any public right-of-way for all structures)and the placement of the existing residential
structure, there is not much room for development on the property.
III CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a variance:
Board of Adjustment Page 2
WA-98-3
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. If denied, the property may continue to be used as a single-family residence, thereby
allowing for an reasonable return in use, service and income.
2. Is the plight of the owner due to unique circumstances?
No. The plight of the owner exists due to a lack of communication between the applicant and the
Planning Department. If the applicant would have contacted the Planning Department prior to
construction, he would have been informed of all the development regulations pertaining to
storage sheds.
3. If the variation were granted, would it alter the essential character of the locality?
No. Although the shed in question is only 3' from the north property line and approximately 8'
from the adjacent house to the north, sheds are a permitted accessory structure in residential
neighborhoods and are permitted to be 20' in height. Approval of this request will allow for the
shed to be moved 4' form the northern and western property line.
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. Although the property is rectangular in shape and 10,500 square feet in lot area, the
placement of the existing house and the 30' setback requirement from public right-of-ways
restricts this properties development potential. The property is 75' deep.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to other property within the same zoning classification?
Yes. There are several other residents with corner properties in the City of Wheat Ridge who
would be permitted to apply for variances within the same zoning classification.
6. Is the purpose of the variation based exclusively upon the desire to make money out of the
property?
No. The purpose of the variation is based upon the desire to allow an existing illegal storage shed
to be placed 4' from the northern property line.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Board of Adjustment Page 3
WA-98-3
Yes. The hardship has been created by the applicant when he built the storage shed without a
building permit.
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?
No. Granting of this variance will not be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood as storage sheds are permitted as accessory uses
within the residential neighborhoods.
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?
No. Although the storage shed in question is approximately 8' from the existing residential
structure to the north, there is adequate separation between the structures to allow for an adequate
supply of air to the adjacent property. Also, there is no increase in fire danger as the structure
complies with the minimum separation requirements in the Uniform Building Code.
10. 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 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?
Approval of this request will not directly benefit the neighborhood financially, but it may provide
aesthetic relief from outside storage. Therefore, approval of this request may contribute to the
neighborhood.
IV STAFF'S CONCLUSION
Staff concludes that the above criteria does support approval of this request. Even though the applicant
did construct an illegal shed by not initially applying for a building permit, the shed could contribute to
the essential character of the locality by allowing for enclosed storage. Staff has received a letter in
support of the request from the neighbor directly across the street (4250 Reed).
V RECOMMENDED MOTIONS
OPTION A: "I move that case no. WA-98-3, a request for a P side and rear yard setback variance to the
5' side and rear yard setback requirement for a property located at 4201 Reed Street, be APPROVED for
the following reasons:
Board of Adjustment Page 4
WA-98-3
1. The shed does not alter the essential character of the locality.
2. The shed will provide additional enclosed storage space.
3. The property does not provide adequate development potential do to the placement of the
existing house and the corner setback requirements.
4. There have not been any registered complaints regarding this request.
With the following conditions:
1. The shed must be moved 1' south and east from the adjacent property lines to comply with
the variance request.
2. The shed must be painted to match the applicants existing house."
OPTION B: "I move that case no. WA-98-3, a request for a 1' side and rear yard setback variance to the
5' side and rear yard setback requirement for a property located at 4201 Reed Street, be DENIED for the
following reasons:
A smaller storage shed could be built to comply with the setback requirements."
Board of Adjustment Page 5
WA-98-3
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OFFICIAL ® AREA REQUIRING SITE PLAN APPROVAL
ZONING MAF - ZONE DISTRICT BOUNDRY
W l I EA T R I DGE PARGEL/LOT 5OUNDRY
(DESIGNATES OWNERSHIP)
COLORADO . DENOTES MULTIPLE ADDRE55ES
MAP ADOPTED: June 15, 1994
Last Revision: January 15, 1995
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Loan No. 11-970301
Instrument Prepared by:
Record & Return to
CHERRY CREEK MORTGAGE CO., INC.
3300 EAST FIRST AVENUE, SUITE 460
DENVER, COLORADO $0206
(Space Above This Line For Recording
THIS DEED
among the grants
DEED OF TRUST
ade on MAY 22, 1997
("Borrower"), the Public Trustee of
JEFFERSON
REEK MORTGAGE IN County ('Trustee'), and the beneficiary,
CHERRY
THE GATE F COLORADO - which is organized and existing
under the laws of and whose address is
3300 EAST FIRST AVENUE, SUITE 460, DENVER, COLORADO 80206 ("Lender').
Borrower owes Lender the principal sum of One Hundred Twenty Thousand Seven Hundred Fifty and 00/100
Dollars (U.S. $ 120.750.00 This debt is evidenced by Borrower's note dated the same date as this Security Instrument
("Note"), which provides for monthly payments, with the full debt, if not-paid earlier, due and payable on JUNE 1, 2012
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions
and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and Note. For this
purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power
of sale, the following described property located in JEFFERSON County, Colorado:
LOT 1, CHAMBERS SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT
RIGHT OF WAY FOR TELEPHONE, TELEGRAPH AND ELECTRIC POWER FACILITIES, OVER OR
UNDER THE NORTHERLY 5 FEET, COUNTY OF JEFFERSON, STATE OF COLORADO.
which has the address of 4201 REED STREET
sweet)
WHEAT RIDGE Colorado 80033- ("Property Address");
(City) Rip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now
or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is
referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the
Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to
the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by
jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of
and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
COLORADO -Single Family-Fannie/Mac/Fredle Mac UNIFORM INSTRUMENT (Page 1 of 5) Form 3006 1191
GFS Form # G000014 (6G18) Amended 5/95
IIlI 1111111 IIII 1~~1~111111111 III IIII 11111111111141111111111111111111111111111111111111111111111
The City of
Wheat ADMINISTRATIVE PROCESS APPLICATION
GRido a Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant FbAfL\4 J5("Mjagn= Address QVE~O ( . Phone 421 OSQ7
Owner (b~ 1 Address _ `RLNP-&4. Phone c+31 cc-iR~]
Location of request ~f x~( QQV- Q C-4, d A aI33
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
riance/Waiver
❑ Change of zone or zone conditions rNonc0
Site development plan approval nf
orming use change
Special use permit ❑ Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
H 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 p L~__
Detailed Description of request o~ t Sao a_cr 1
\J01CC IcVn02Q- ,
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee,nopt~io_nOee, etc.
NAME ADDRESS
0a5-7
K uCl, e/3%~0
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 it power-of-attorney from the owner
which approved of this a i on is be alf.
Signature of Applicant
Subscribed and sworn to me this ~+day of 19
SEAL Notary Public
My commission expires a~ Gq
Date Received o2r'/~ Receipt No. Case No. WA-9 -'.3
17
41,
NOTICE OF PUBLIC BEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge Board
of Adjustment on April 23, 1998, at 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 petitions shall be heard:
1. Case No. WA-98-10: An application by Scott and Sharon Galloway for approval of an 8'
fence height variance for the north softball field in Randall Park.
2. Case No. WA-98-12: An application by Kim Harrold for approval of a 10' rear setback
variance from the 25' setback requirement for the purpose of constructing a driveway to
access the rear of the property. Said property is zoned R-2 and located at 4420 Allison.
3. Case No. WA-98-3: An application by Barry Jumpe for approval of a 1' side yard and
rear yard setback variance to the 5' side and rear yard setback requirements to allow a
storage shed. Said property is zoned R-2 and located at 4201 Reed Street.
4. Case No. WA-98-13: An application by Jordan's Building Center for approval of a 25'
front yard setback variance to the 50' requirement to allow a 6' fence. Said property is
zoned Commercial-Two and located at 5026 Ward Road.
Barbara Delgadillo, Red rding Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: April 3, 1998
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713 (303) 234-5900
WHEAT GWhe at
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ';Ridge
March 27, 1998
Dear Property Owner:
This is to inform you that Case No. WA-98-3 requesting approval of a 1' side yard and
1' rear yard setback variance to the 5' side and rear yard setback requirements to allow
a storage shed for the property located at 4201 Reed 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, April 23, 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.
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Related to Section 26-21 (b) (1), it is this Board's view that the language in
question was included not to affect non-residential uses, but to provide for
additional process for residential uses.
Therefore, it is the interpretation of this Board that a nonresidential clinic and
office for psychological, social, marital, development or similar counseling and
treatment, including counseling and treatment for substance abuse and alcoholism,
however, not including residential facilities or residential treatment, is therefore a
permitted principal use in the Residential Commercial Zone District.
Disposition: Board of Adjustment interpretation that a non-residential clinic and office
for psychological, social, marital, development or similar counseling and treatment,
including counseling and treatment for substance abuse and alcoholism, however, not
including residential facilities or residential treatment is, therefore, a permitted principal
use in the Restricted Commercial Zone District.
The motion carried 7-0.
O°aX6"WO7! W- ,Aa9&3 fAn application by Barry Jumpe for approval of a two-foot side
yard and two-foot rear yard setback variance. The property is zoned Residential Two (R-
2) and is located at 4201 Reed Street.
Sean McCartney presented the case. He entered into the record the zoning ordinance,
case file, packet materials and exhibits. He advised that the property is within the City of
Wheat Ridge and all notification and all posting requirements have been met and,
therefore, there is jurisdiction to hear the case. This case was brought to staff s attention
by the chief building official who noticed a structure being constructed without a building
permit and placed a stop order on the project. The applicant then came into the City and
explained that he did not know it was necessary to obtain a building permit.forthis type
of structure and advised that the structure was 90% complete at the time the stop work
order was issued. He then applied for the variance under the Board's consideration.
The structure is located approximately three feet from the side property line to the north
and the rear property line on the west side. The R-1 Zone District requires a five-foot
setback on both the rear and the side for a shed. The shed is approximately twelve feet by
twenty-four feet. With the existing shed on site there is a total allowance of 368 square
feet of storage site, and 400 square feet is permitted. All requirements meet code except
for setbacks. He noted that development on this site is limited due to dual frontage to
street rights of way which requires a thirty-foot setback. The position of the house has
restricted the development potential of this property and the applicant believes this is the
only location for the storage shed which won't affect other portions of the property.
Board of Adjustment Page 8
02/26/98
C
-Mr. McCartney presented slides of the property and reviewed the criteria used to evaluate
a variance request. He advised that staff believed the criteria supported approval of the
request for the reason that even though the applicant did construct an illegal shed by not
initially applying for a building permit, the shed could contribute to the essential
character of the locality by allowing for enclosed storage. He further advised that the
staff has received a letter in support of the request from the neighbor directly across the
street at 4250 Reed Street.
There was discussion concerning fire code regulations in relation to the location of the
shed as well as location of windows in the affected structures. Staff advised that all fire
code regulations were met.
Barry Jumpe, the applicant, 4201 Reed Street, was sworn in by Chair Person MAURO.
Mr. Jumpe explained that he felt moving the shed closer to his garage would actually
create a fire hazard. He stated that there is approximately four feet between his home and
the shed, and that he doesn't want to put the shed in the back yard because he wants to
save his large shade trees. He advised that he needs this additional storage for pay
phones and cabinets associated with his business. He also informed that he plans to paint
the shed the same color as his house.
Board Member HOWARD asked if the shed was built on a foundation. Mr. Jumpe
replied that the shed is placed on pressure treated lumber which he understood is
according to code if wind bracing is used.
Board Member THIESSEN expressed her concern that the hardship seems to be that the
structure is already built and that if a permit had been obtained, the structure could have
been built according to code.
Board Member WALKER asked if the applicant planned to store gasoline or any gasoline
powered equipment in the shed. Mr. Jumpe replied that he did not plan on doing so.
There was discussion about the Uniform Building Code requirements as they relate to
space required between structures.
Chair Person MAURO swore in Rick Wassman, 7035 West 42nd Avenue.
Mr. Wassman stated that he lives two houses west of Mr. Jumpe and has no problem with
the location of the shed. He expressed concern, however, about power lines directly over
the shed leading to the house. Mr. Jumpe advised that these are telephone lines and that
he plans to have them moved.
Board of Adjustment Page 9
02/26/98
Board Member ECHELMYER asked if storing telephones constituted operating a
business out of his home. Mr. McCartney explained that all you need to operate a
business out of your home is a business license and that a home business cannot occupy
more than 251/o , of your residential space.
Board Member THIESSEN commented that Mr. Jumpe might want to look at the
possibility of using outside storage facilities.
Upon a.motion by Board Member ABBOTT and seconded 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-98-3 is an appeal to this
Board from the decision of an administrative officer; and
Whereas, 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-98-3 is hereby denied.
Type of Variance: Request for approval of a two-foot side yard and a two-foot rear yard
setback variance for the purpose of building a detached storage structure.
For the Following Reasons:
1. The plight of the owner exists due to a lack of communication between the
applicant and the planning department. Also the hardship described by the applicant
involves the need to acquire commercial storage related to his business. This hardship
would seem too generic to qualify for variance. The primary structure has an
approximate 600 square foot garage.
2. There are several other residents with corner properties in the City of Wheat
Board of Adjustment Page 10
02/26/98
Ridge who would be permitted to apply for variances following this same logic for
variance.
The hardship has been created by the applicant.
4. The granting of this variance can be detrimental in a substantial visual way to
other properties in the neighborhood due to its effect related to the intent and purpose of
the setback requirements.
5. If the shed were moved closer than three feet toward the house, it would be in
violation of the Uniform Building Code. Following the submitted drawing, the shed
could be moved one foot toward the dwelling, thus requiring only a one-foot side yard
setback variance. Further, the shed could be moved sufficiently forward as to require no
rear yard variance.
Board Member WALKER offered an amendment to the motion: "that if the motion fails,
the applicant is to submit a certified survey of the property to qualify the accuracy of the
drawings submitted."
Motion for denial failed by a vote of 4-3, with Board Members ECHELMEYER,
JUNKER, and MAURO voting NO.
Following further discussion, Board Member JUNKER moved and Board Member
HOWARD seconded that the hearing be continued to give the applicant opportunity to
come back before the Board with a modified request.
Mr. Jumpe asked if the Board would approve a request for a one-foot variance if he
moves his shed. Board Member THIESSEN replied that the Board could not say whether
or not they would approve the application at a future meeting, but informed Mr. Jumpe
there would be a better chance of having a one-foot variance approved.
Motion carried by a vote of 7-0.
D. Case No. TUP 97-8: An application by Chesrown Automotive Group, Inc. for
approval of a Temporary Use Permit (TUP) to allow vehicle storage and employee
Board of Adjustment - - Paae 11
02/26/98
parking on property zoned Planned Commercial Development. The property is located at
3601 Wadsworth Boulevard.
The case, which is a reconsideration of the TUP issued in 1996, was presented by Alan
White. He stated that the property is within the City of Wheat Ridge and that all
notification and posting requirements have been met. Therefore there is jurisdiction to
hear this case.
Mr. White reviewed the case which is a request that was presented to the Board of
Adjustment during the January 22, 1998, meeting where a motion to grant
reconsideration at the meeting of February 26, 1998, was approved. He stated that in
October, 1997, a request for a one-year extension of the TUP which was granted during
the previous year, was denied by the Board. He noted that there were several conditions
associated with the original approval as outlined in the staff report. He further stated that,
based upon the Board's denial in October, 1997, the staff initiated code enforcement
action which caused the case to go court and resulted in negotiation of a stipulation
agreement (which is close to being finalized) between Chesrown and the City.
Mr. White advised that much progress has been made since October of 1997 as far as
obtaining permits and approvals from the City, with the exception of the grading and
erosion control plans which are now very close to approval. He noted that in regard to
the complaints involving the wetlands portion of the site located outside the area of the
parking lot, information had been submitted and approvals obtained for removal of the
wetlands as well as various mitigation procedures which need to be undertaken by the
landowner. He noted that the applicant had purchased a conservation easement to help
satisfy the off-site wetlands mitigation requirements imposed by their Army Corps of
Engineers wetlands permit.
Mr. White reminded the Board that the bylaws state that the reconsideration should be
based upon whether new evidence is submitted in writing that could not have been with
due diligence presented at the previous hearing. He advised that the new evidence
presented in a letter from the applicant dated January 6, 1998, was included in the .
meeting packet. He stated that staff has considered the letter along with the applicant's
performance and provided comments relative to the criteria for approving the TUP.
Mr. White reviewed the five criteria involved in issuing a TUP. He noted that some
complaints have been received from residents living west of the property in regard to the
lighting. He stated that complaints regarding employees parking along Yukon Court have
been alleviated by the additional employee parking as well as the installation of a gate
.along Yukon Court which is to be used for emergency access only. He advised that
completion dates have been established for grading, erosion control and reseeding of the
Board of Adjustment Page 12
02/26/98
PUBLIC HEARING SPEAKERS' LIST
CASE NO: WA-98-3 DATE: February 26, 1998
REQUEST: Approval of a 2' side yard and 2' rear yard setback variance in the R-2 zone located at
4201 Reed Street.
Position on Request
(Please check)
SPEAKER NAME, ADDRESS & PHONE (PLEASE PRINT)
IN FAVOR
OPPOSED
uAnt
,f ~ a1~ Qd{AF ~~s'L, 4Y ~r inf~ ~✓^A ~ 2 17,j
e:/Dlannin e\form s/nhroster. frm
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: February 26, 1998
CASE NO. & NAME: WA-98-3\Jumpe
DATE PREPARED: February 13, 1998
CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of a 2' side yard and 2' rear yard setback variance.
LOCATION OF REQUEST: 4201 Reed Street
NAME & ADDRESS OF APPLICANT(S) Barry Jumpe
4201 Reed Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S)
APPROXIMATE AREA:
PRESENT ZONING:
Same
10,500 square feet
Residential Two
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
Single Family Residential
N:, Et, W: and S: Residential-Two
N:, E: W: and, S: Residential Single Family
February 6, 1998
February 12, 1998
January 30, 1998
AGENCY CHECKLIST: ( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
( ) 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 hear this case.
I. REQUEST
The applicant is requesting approval of a 2' side and rear yard setback variance to the 5' side and rear
yard setback requirement to allow for an existing storage shed to remain on a property located in the
Residential-Two zone district. Approval of this request will permit the 12'X 24' storage shed to remain
along the northern property line.
During construction of the shed, the applicant was given a stop work order by the Wheat Ridge Chief
Building Official, John Eckert, who noticed the illegal structure while driving through the neighborhood.
The applicant did not know that there was a building permit required for such a structure. The storage
shed is 90% completed.
There is another existing 8' X 10' storage shed located along the western property line within the
designated rear yard. Pursuant to Section 26-15(F) of the Wheat Ridge Code of Laws, storage sheds, or
the accumulation thereof, are allowed 400 square feet of maximum building coverage. If approved, the
applicant will have approximately 368 square feet of storaOQe shed's on the pr pe ty
Pursuant to Section 26-15(F) of the Wheat Ridge Code of Laws, a storage shed built within the
Residential-Two zone district must retain a 5' setback from both the side and rear property lines. Also,
storage sheds are permitted to be 20'm height (measured from finished grade). The existing shed is
approximately Win height.
II SITE PLAN
As shown on the attached site plan, the property is a corner lot which measures 75' X 140', or
approximately 10,500 square feet. Due to the setback requirements established for corner properties (30'
setback from any public right-of-way for all structures) and the placement of the existing residential
structure, there is not much room for development on the property.
III CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a variance:
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. If denied, the property may continue to be used as a single-family residence, thereby
allowing for a reasonable return in use, service, and income.
2. Is the plight of the owner due to unique circumstances?
No. The plight of the owner exists due to a lack of communication between the applicant and the
Planning Department. If the applicant would have contacted the Planning Department prior to
construction, he would have been informed of all the development regulations pertaining to
storage sheds.
Board of Adjustment Page 2
WA-98-3
3. If the variation were granted, would it alter the essential character of the locality?
No. Although the shed in question is only 3' from the north property line and approximately 8'
from the adjacent house to the north, sheds are a permitted accessory structure in residential
neighborhoods and are permitted to be 20' in height. If approved, staff recommends that the shed
be painted to match the color of the applicant's house.
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. Although the property is rectangular in shape and 10,500 square feet in lot area, the
placement of the existing house and the 30' setback requirement from public rights-of-way
restricts this property's development potential. The property has a lot depth of 75'.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to other property within the same zoning classification?
Yes. There are several other residents with corner properties in the City of Wheat Ridge who
would be permitted to apply for variances within the same zoning classification.
6. Is the purpose of the variation based exclusively upon the desire to make money out of the
property?
No. The purpose of the variation is based upon the desire to allow an existing illegal storage
shed to remain 3' from the northern property line.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The hardship has been created by the applicant when he built the storage shed without a
building permit.
8. Would the granting of the variation be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
No. Granting of this variance will not be detrimental to the public welfare or injurious to other
property or improvements in the neighborhood as storage sheds are permitted as accessory uses
within the residential neighborhoods.
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?
Board of Adjustment Page 3
WA-98-3
No. Although the storage shed in question is approximately 8' from the existing residential
structure to the north, there is adequate separation between the structures to allow for an adequate
supply of air to the adjacent property. Also, there is no increase in fire danger as the structure
complies with the minimum separation requirements in the Uniform Building Code.
10. 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 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?
Approval of this request will not directly benefit the neighborhood monetarily, but it may
provide aesthetic relief from outside storage. Therefore, approval of this request may contribute
to the neighborhood.
IV STAFF CONCLUSION
Staff concludes that the above criteria does support approval of this request. Even though the applicant
did construct an illegal shed by not initially applying for a building permit, the shed could contribute to
the essential character of the locality by allowing for enclosed storage. Staff has received a letter in
support of the request from the neighbor directly across the street (4250 Reed).
V RECOMMENDED MOTIONS
Option A: "I move that case no. WA-98-3, a request for a 2' side and rear yard setback variance to the 5'
side and rear yard setback requirement for a property located at 4201 Reed Street, be APPROVED for
the following reasons:
1. The shed does not alter the essential character of the locality.
2. The shed will provide additional enclosed storage space.
3. The property does not provide adequate development potential due to the placement of the
existing house and the corner setback requirements.
4. There have not been any registered complaints regarding this request.
With the following condition:
1. The shed must be painted to match the applicants existing house."
Option B: "I move that case no. WA-98-3, a request for a 2' side and rear yard setback variance to the 5'
side and rear yard setback requirement for a property located at 4201 Reed Street, be DENIED for the
following reasons:
A smaller storage shed could be built to comply with the setback requirements."
Board of Adjustment Page 4
WA-98-3
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:
Case No. WA-98-3: An application by Barry Jumpe for approval of a 2' side yard and 2'
rear yard setback variance to the 5' side and rear yard setback requirements to allow a
storage shed. Said property is zoned R-2 and located at 4201 Reed Street.
Barbara Delgadillo, PI ing Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: February 6, 1998
Wheat Ridge Transcript
7500 WEST 29TH AVENUE
January 30, 1998
WHEAT RIDGE, COLORADO 80215
Dear Property Owner:
IIle City of 4,
Wheat GRidge
This is to inform you that Case No. WA-98-3 requesting approval of a 2' side yard and
2' rear yard setback variance to the 5' side and rear yard setback requirements to allow
a storage shed for the property located at 4201 Reed 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\fi1es\boa\pubhrgs\wa983cert.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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CLARA J. MURRAY
7005 W 42ND AVE
WHEAT RIDGE CO 80033-4803
BARRY J. JUMPE
4201 REED ST
WHEAT RIDGE CO 80033-4815
KENNETH C. ANDERSEN
4140 REED ST
WHEAT RIDGE CO 80033-4814
JAMES F. MCDE
4200 REE
WH RIDGE CO 80033-4816
EDNA ELIZABETH RANKIN
PO BOX 1945
WHEAT RIDGE CO 80034-1945
CARLE.HENDERSON
4295 REED ST
WHEAT RIDGE CO 80033-4815
JAMESF.MCDERMOTT
4200 REED ST
WHEAT RIDGE CO 80033-4816
HELEN M. MAJORS
4250 REED ST
WHEAT RIDGE CO 80033-4816
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