HomeMy WebLinkAboutWA-98-047500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
April 2, 1998
Mr. Gary Bryan
9205 West 44th Avenue
Wheat Ridge, CO 80033
RE a' J 1 JR t'' ii
Dear Mr. Bryan:
Ridge
Please be advised that at its meeting of March 26, 1998, the Board of Adjustment DENIED your
request for a five-foot rear yard setback variance to the fifteen-foot rear yard setback requirement for
the purpose of constructing a commercial structure.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, March 26, 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
Attachments: Certificate of Resolution
/bd
cc: WA-98-4
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 March, 1998.
CASE NO: WA-98-4
APPLICANT'S NAME: Gary Bryan
LOCATION: 9205 West 44th Avenue
Upon a motion by Board Member ABBOTT, seconded by Board Member HOWARD, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-98-4 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
formal recognized protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
WA-98-4 be, and hereby is, approved.
TYPE OF VARIANCE: A request for approval of a five-foot rear yard setback variance to the
fifteen-foot rear yard setback requirement for the purpose of constructing a commercial structure.
FOR THE FOLLOWING REASONS:
1. The architect design professional testified that (1) the five-foot variance is needed to
provide the necessary functionality for the intended use of the building; and (2) the
existing sewer line prohibited other design options which could have allowed for the
required setback.
2. The request will not alter the essential character of the locality.
Case No. WA-98-4/Board of Adjustment Resolution
Page 2
3. There will be an adequate supply of light and air to the adjacent property; and with the
property adjacent to the variance to be approximately fifty to sixty feet from this
occupancy, it would seem the intent of the ordinance as related to the aesthetics of visual
separation between structures is met.
4. The danger of fire will not be increased by application of this variance.
The motion failed by a vote of 4-3.
VOTE: Yes: Abbott, Hovland, Mauro, and Walker
No: Echelmeyer, Howard and Thiessen
Absent: Junker
DISPOSITION: A request for approval of a five-foot rear yard setback variance to the
fifteen-foot rear yard setback requirement for the purpose of constructing a commercial
structure 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 March, 1998.
INDA MAURO, Chairman
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
Alternative Homes forYouth
Residential Care and Treatment for Troubled Youth and Families
TO: City of Wheat Ridge
FROM: Eldon R. Holland. Executive Director
Alternative Homes For Youth
DATE: March 26, 1998
RE: Variance Request For 9201 W. 44th. Avenue
Please be advised that proper notice was not posted on this property for the fifteen days
prior to the hearing. We request that the hearing be rescheduled for April so that this
requirement can be met.
While the applicant picked up posting materials on Thursday, March 12th., according to
city of Wheat Ridge Planning staff, none of my staff saw it actually posted until Monday
morning Marchl7th. Three of my staff brought the posting to my attention that morning
after I had also observed the posting as I had come to work, City staff stated to me that
they had not verified the posting. This week we have observed that the posting has not
been up and observable since Monday.
As an adjacent property owner we are concerned about the potential over building of this
lot resulting in a negative impact on our property. Two of the three properties adjacent to
the applicant are new owners who have made significant improvements to their
properties. The applicant has purchased the smallest lot in the area knowing the
limitations of the site and should not be allowed to obtain a variance to lot requirements
that are already the least restrictive in the city. Over building this small lot does a
disservice to adjacent property owners who exceed setback requirements.
We hope that the above requested rescheduling of the hearing can be granted so that we
can testify in more detail about our concerns.
Sincerely,
et'llm o)/4zWW
Eldon R. Holland
Executive Director
Member Agency
National Association
of Homes and Services
for Children
9201 W. 44th Avenue • Wheat Ridge, CO 80033 • (303) 940-5540 e FAX (303) 940-5542
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: March 26, 1998 DATE PREPARED: March 16, 1998
CASE NO. & NAME: WA-98-4\ Bryan CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of a 5' rear yard setback variance to the 15' rear yard setback
requirement.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S)
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:
9205 West 44'h Avenue
Gary Bryan
4115 Brentwood Street
Wheat Ridge, CO 80033
Same
15,968 square feet
Commercial-One
Vacant
N:, E:, W: and S: Commercial-One
N:, E: W: and, S:Commercial
March 6, 1998
March 12, 1998
February 27, 1998
( ) (XX) NOT REQUIRED
RELATED CORRESPONDENCE: ( ) (XX) NONE
ENTER INTO RECORD:
(XX) 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 hear this case.
I. REQUEST
The applicant is requesting approval of a 5' rear yard setback variance to the 15' rear yard setback
requirement to allow for the development of a six bay automotive repair shop and nail salon. If approved,
the proposed structure will be located 10' from the northern property line.
The property is currently vacant and located in the Commercial-One zone district. The uses which surround
the property are commercial retail, service and general office uses which are compatible with the Wheat
Ridge Future Land Use Map. Therefore, this use is permitted in the existing zone district and would be
compatible with the existing land uses.
However, pursuant to section 26-22(F)(7), of the Wheat Ridge Code of Laws, buildings located in the
Commercial-One zone district must retain a rear yard setback of 10' for the first story and 5' for each
additional building story thereafter. The applicant is proposing to construct an 18' building. Although the
building will only utilize a single-floor design, the Wheat Ridge Code of Laws defines "story" as "...for the
purpose of determining setback from perimeter lot lines for nonresidential buildings, each 12' of building
height shall be considered a story...".
At the time of this report, staff received no letters or response of opposition.
II SITE PLAN
As shown on the attached site plan, the property measures approximately 80'X 202' and is rectangular in
shape. The property is topographically flat and offers a curb cut access onto West 44" Avenue.
There is an existing 18' sewer easement located approximately 14' west of the eastern property line and runs
north and south within the property. Because public utility companies own the easement, and no
development is permitted within the easement, the applicant believes the easement hinders the development
potential for the site.
III CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a variance:
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 still yield a reasonable return in use, service and income as the property
is zoned commercial-one, which is considered one of the less restrictive zone districts in the City of Wheat
Ridge. Also, a smaller building may be constructed on this site that would comply with the rear yard
setbacks.
Board of Adjustment
WA-98-4
2. Is the plight of the owner due to unique circumstances?
No. Even though there is an 18' utility easement located about 14' from the eastern property line, the
applicant may develop a 4,556 square foot building, as opposed to the 4,726 square foot proposed building,
and still comply with the required 15' rear yard setback.
3. If the variation were granted, would it alter the essential character of the locality?
No. This property is located in a predominately commercial neighborhood and the applicant is proposing
a similar commercial use that will be consistent with the existing land uses.
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 has the existing sewer easement running within the property, the existing
rectangular shape and flat topographical feature make this site very developable.
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. Because Wheat Ridge Code of Laws effects all properties in the City of Wheat Ridge, anyone may
request the same type of variance. However, variances are reviewed on a case by case basis, therefore 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?
Yes. The applicant may design a building that could comply with the rear yard setback requirements and
still offer adequate leaseable space.
7. Has the alleged difficulty or hardship been created by any person presently having an interest
in the property?
Yes. Even though there is an existing sewer easement running within the property boundaries, the hardship
has been created by the applicant in that a building may be designed to comply with the existing setback
requirements and still produce a useable structure.
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 the proposed structure will still retain a 10' rear yard setback from
the north property line and the use is compatible with the existing land uses in the neighborhood.
Board of Adjustment
WA-98-4
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. As previously stated, if approved the proposed structure will be located 10' from the northern property
line. This setback will allow for the adequate supply of light and air to the adjacent property and will not
increase the danger of fire. Also, because this property was once used for commercial purposes, there
should not be an increase in traffic congestion.
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 necessarily benefit the neighborhood because the property may be
developed with or without the need of a variance. However, because the proposed use is for commercial
retail and service, there could be an economic benefit to the neighborhood through revenue and a reduction
of blight.
IV STAFF'S CONCLUSION
Staff concludes that the above criteria does not support approval of this request. Although it was found that
this request would be compatible with the existing land use and zone district, staff believes a smaller
building may be proposed that would comply with all district regulations.
V RECOMMENDED MOTIONS
OPTION A: "I move that case no. WA-98-4, a request for a 5' rear yard setback variance to the 15' rear
yard setback requirement for a property located at 9205 West 44`s Avenue, be APPROVED for the
following reasons:
1. The request will not alter the essential character of the locality.
2. There will be an adequate supply of light and air to the adjacent property.
3. The danger of fire will not be increased."
OPTION B: "I move that case no. WA-98-4, a request for a 5' rear yard setback variance to the 15' rear
yard setback requirement for a property located at 9205 West 44t' Avenue, be DENIED for the following
reasons:
1. A smaller building could be built to comply with the setback requirements."
Board of Adjustment
WA-98-4
snr~
OFFICIAL
ZONING MAP
NHEAT RIDGE
COLORADO
MAP ADOPTED: Ame 15, 1994
Last Revision: September 16, 19%
DEPAR7434T OP PLAMWO RV OEVB.OP1915IT - 235.2851
® AREA REQUIRING SITE PLAN APPROVAL
;100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
ZONE DISTRICT BOUNDRY
PARCEL/LOT BOUNDRY
(DESIGNATES OWNERSHIP)
- - WATER FEATURE
• DENOTES MULTIPLE ADDRESSES
NX
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§ 26-22
WHEAT RIDGE CITY CODE
(b) Thirty (30) feet where the height of
the building does not exceed thirty-
five (35) feet, and where the front
setback area is completely land-
scaped, exclusive of ingressfegress
drives on either side of a structure.
(c) Structures on lots which abut
Sheridan Boulevard, Wadsworth Bou-
levard, Kipling Street, Ward Road,
north of West 44th Avenue and
Youngfield Street shall be setback a
minimum of fifty (50) feet.
(6) Side yard setback. Based upon the specific
site, adjacent land useand adjacent pub-
lic streets, one (1) or more of the following
requirements shall apply:
(a) Five (5) feet per story minimum,
except a zero setback may be permit-
ted.where structures are constructed
of masonry or nonflammable -mate-
rial and in accordance with the Uni-
form Building Code.
(b) In all cases, thirty (30) feet where
adjacent to a dedicated public street.
(c) In addition to building setback as
required by subsection (a) above,
where a side yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot high solid decorative wall
or fence, shall be required between
the building and the property line.
(7) Rear yard setback. Based upon specific
site, adjacent land use and adjacent pub-
lic streets, one (1) or more of the following
shall apply:
(a) Ten (10) feet for a one-story building
and an additional five (5) feet per
each additional story thereafter.
(b) In all cases, any rear yard which
abuts a public street shall have a
minimum setback of fifteen (15) feet
for all structures.
minimum setback for all structures
of five (5) feet from the edge of the
alley.
(d) In addition to building setback as
required by subsection (a) above,
where a rear yard abuts property
zoned residential, or where zoned
Agricultural and there is a residen-
tial structure within fifteen (15) feet
of the commercial property, a five-
foot-per-story landscaped buffer, plus
a six-foot-high solid decorative wall
or fence, shall be required between
the building and the property line.
(8) Parking requirements. See section 26-31.
(9) Landscape requirements. See section 26-
32.
(10) Fencing requirements. See section 26-
30(I).
(Ord. No. 1989-801, § 3, 7-24-89; Ord. No. 1990-
S27, § 1, 4-9-90; Ord. No. 1995-993, § 1, 3-27-95;
Ord. No. 1996-1052, 1, 2, 10-15-96; Ord. No.
1996.1053, § 1, 10-14-96)
(c) In all cases, any rear yard which
abuts a public alley shall have a
Supp. No. 18 1736
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The City of
GWhe at ADMINISTRATIVE PROCESS APPLICATION
~Rid~re Department of Planning and Development
b 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Address 6N7ivm.D Phone
Owner Address -PhoneADI ^ c->) A4
Location of request O LU j-]~ U
Type of action requested (check one or more of the actions listed below
which pertain to your request.)
0 Change of zone or zone conditions 19 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 ~
)-ge,E F}JAC.NeD 4,677'Pj52
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME DDRESS PHONE
AP-21 &,igN '~l\S E R nr7 oob
LIes? m1n0nn's4 lvtysyc\!a NK `3t2M F a/A-nED% 31~D ZW)
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 is behalf.
Signatt~tptg,a pplicant
fid LEN' sworn to me this d y of ( 19 C~
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Date R Receipt No. Case No. /O - -
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 March 26, 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. 1/Case No. WA-98-4: Application by Gary Bryan for a five foot rear yard setback variance
to the 15' required rear yard setback to build a new six bay automotive repair shop and a
nail salon located at 9205 W. 44th Avenue within the Commercial-One zone district.
2. Case No. WA-98-6: Application by Ben Schnell for a five foot setback variance to allow
for an enclosed garage at 12180 W. 35th Avenue within the Residential-One A zone
district.
Barbara Delgadillo, Recor ' g Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: March 6, 1998
Wheat Ridge Transcript
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The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713
(303) 234-5900
City Admin. Fax # 234-5924
February 27, 1998
Dear Property Owner:
Police Dept. Fax # 235-2949
GWheat
GRidge
This is to inform you that Case No. WA-98-4 which is a request for approval of a
variance from the required rear setbacks to build a new six bay automotive repair shop
and a nail salon located at 9205 W. 44th Avenue within the Commercial-One zone
district will be heard by the Wheat Ridge Board of Adjustment in the Council
Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will
be held on March 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 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 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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