HomeMy WebLinkAboutWA-98-207500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
July 27, 1998
Mr. Jon Bradbury
4380 Newland Street
Wheat Ridge, CO 80033
Ridge
RE: WA-98-20: Request for an 11' front yard setback variance to the 30' requirement for a garage
Dear Mr. Bradbury:
Please be advised that at its meeting of July 23,1998, the Board of Adjustment DENIED your request
for an 11' front yard setback variance to construct a garage.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, July 23, 1988. 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
/bd
cc: WA-98-20
C:\Barbara\BOA\CORRES P\wa9820bradbury.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 July, 1998.
CASE NO: WA-98-20
APPLICANT'S NAME: Jon Bradbury
LOCATION: 4380 Newland Street, Wheat Ridge, CO
Upon a motion by Board Member ABBOTT, seconded by Board Member THIESSEN, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-98-20 is an appeal to this Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required 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-98-20 be, and hereby is, denied.
TYPE OF VARIANCE: A request for approval of an 11-foot front yard setback variance to the
30-foot front yard setback requirement to construct a garage.
FOR THE FOLLOWING REASONS:
There are other development alternatives on the site which would allow compliance with
the ordinance.
2. Approval of this request could alter the essential character of the locality as no structure
of this design, layout on the lot, or visual effect upon the neighborhood or the primary
structure itself, occurs within the vicinity.
There are no demonstrable hardships.
Case No. WA-08-20/Board of Adjustment Resolution
Page two (2)
VOTE: Yes: Abbott, Echelmeyer, Howard, Hovland, Mauro and Thiessen
No: None
Absent: Junker and Walker
DISPOSITION: A request for approval of an 11-foot front yard setback variance to the 30-foot
front yard setback requirement to construct a garage was denied.
ADOPTED and made effective this 23rd day of July, 1998.
N MAL TRO, Chairman
Board 0
f Adjustment
aL ~
Ann Lazzeri, Secretary
Board of Adjustment
5. PUBLIC HEARING
A.. -Case No. WA-98-20: An application by Jon Bradbury for approval of an 11-foot front
yard setback variance to the 30-foot setback requirement to construct a garage. Said
property is zoned R-2 and located at 4380 Newland Street.
This case was presented by Sean McCartney. He reviewed the staff report and
presented slides and overhead projections of the subject property. He entered all
pertinent documents into the record and advised that there was jurisdiction for the Board
- to.hear the case. He stated it was staff's conclusion that, although the property was
found to be an odd-shaped lot and approval of the request should not be detrimental to
the public's health, safety and welfare, there were other development alternatives on the
site which would comply with development regulations established in the R-2 zone
district. Based on criteria used for evaluation, staff recommended a denial of the
request.
Following discussion regarding clarification of setback requirements and the irregular
shape of the lot, the applicant appeared before the Board.
Jon Bradbury
4380 Newland Street
Mr. Bradbury was sworn in by Chair MAURO. Mr. Bradbury stated that the proposed
garage would be 19 feet from the southwesterly front of the property and 40 feet from
the westerly front. He indicated that he agreed with staff's request to replace the
existing concrete drive with landscaping. He explained that, since it was cost
prohibitive for him to demolish and replace the existing garage, he planned an addition
to the existing garage.
Board Member ECHELMEYER suggested the possibility of extending the present
garage out 20 feet to be in line with the front of the house which would still
accommodate a garage and a workshop.
Mr. Bradbury replied that he had considered this option, however it would not allow the
square footage he desired.
Board Member HOVLAND suggested the possibility of extending into the existing
garage to make a two car garage with access from Newland.
Mr. Bradbury said that he had also considered that option.
Board Member HOVLAND asked if the applicant would be integrating the roof lines
between the garage and the house.
Board of Adjustment Pa,-e 2
07/23/98
Mr. Bradbury replied that the new structure would be approximately 1-1/2 feet taller
than the older structure. He explained that he wants the roof of the new structure to be
higher than the present garage in order to alleviate flooding during heavy rains. He
stated that he planned to integrate the roof lines.
_ Board MemberABBOTT referred to the flooding and expressed concern that adding
onto the existing structure would result in a somewhat flawed drainage plan and a
crooked driveway when there seem to be alternative locations.
Board Member ECHELMEYER asked if the separation between the house and the .
garage met fire code. Mr. Bradbury replied that a fire rated panel would be used for the
wall between the garage and the house and that the north wall of the garage would meet
fire code.
Board Member HOWARD inquired about the windows on the south wall of the house
facing the garage. Mr. Bradbury replied that the view from two windows is already
blocked by the garage and the new structure would only block the third window. In
response to a question from Board Member HOWARD, Mr. Bradbury replied that he
was adding two new bedrooms to the north end of the house.
Upon a motion by Board Member ABBOTT and second by Board Member THIESSEN
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-98-20 is an appeal to this
Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required 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-
98-20 be, and hereby is, DENIED.
Type of Variance: A request for approval of an 11-foot front yard setback variance to
the 30-foot front yard setback requirement to construct a garage.
Board of Adjustment Page 3
07/23/98
For the Following Reasons:
1:. There are other development alternatives on the site which would allow
compliance with the ordinance.
_ 2. Approval-of-this request would alter the essential character of the locality as no
structure of this design, layout on the lot, or visual effect upon the neighborhood
_ or the-primary structure itself, occur within the vicinity.
- - 3. There are no demonstrable hardships.
Board Member ECHELMEYER stated that he would vote in favor of the motion for
_ denial because he felt that more effort could be spent in redesigning the structure to
meet code requirements.
Board Member THIESSEN stated that she is not in favor of granting a variance of this
percentage and that is not visually appealing to the neighborhood.
The motion carried by a vote of 6-0 with Board Members WALKER and JUNKER
absent.
Chair MAURO advised the applicant that his request had been denied.
B. Case No. No. WA-98-21: . An application by Landmark for approval of a 10-foot side
yard setback to the 15-foot side yard setback requirement to construct a detached
garage. Said property is zoned R-1 and located at 6710 West 28th Avenue.
This case was presented by Sean McCartney. He reviewed the staff report and
presented slides and overhead projections of the subject property. He entered all
pertinent documents into the record and advised that there was jurisdiction for the Board
to hear the case. He stated staff's conclusion that, although approval of the request
would not be detrimental to the public's welfare or increase fire danger between
adjacent structures, there were development alternatives within the site which would
allow for a garage to be constructed which would comply with development regulations
established in the Residential-One zone district. He concluded the presentation by
stating that staff recommended denial of the request based on criteria used for
evaluation of a variance request.
Following questions concerning clarification of setback requirements and location of the
proposed garage, the applicant appeared before the Board.
Board of Adjustment Page 4
07/23/98
PUBLIC HEARING SPEAKERS' LIST
CASE NO:. WA-98-20 DATE: July 23, 1998
REQUEST: An application by Jon Bradbury for approval of an 11-foot front yard
setback variance to the 30-foot setback requirement to construct a garage. Said property
is zoned R-2 and located at 4380 Newland Street.
(please print)
Speaker Name Address/Phone In Favor Opposed
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: July 23, 1998
DATE PREPARED: July 14, 1998
CASE NO. & NAME: WA-98-20/ Bradbury
CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of an 11' front yard setback variance to the 30' front
yard setback requirement to construct a garage.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT:
NAME & ADDRESS OF OWNER:
4380 Newland Street
Jon Bradbury
4380 Newland Street
Wheat Ridge, CO 80033
Same
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
COMPREHENSIVE PLAN FOR THE AREA:
9,624 square feet
Residential-Two
Single-family
N:, S:, and E:, Residential-Two, and W:
Residential-Two and Restricted Commercial
N:, S: and E: Single-family residential and
W: Single-family residential and
neighborhood commercial
Low Density Residential
DATE PUBLISHED: July 3, 1998
DATE POSTED: July 9, 1998
DATED LEGAL NOTICES SENT: June 30, 1998
ENTER INTO RECORD:
O COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIAL
(X) ZONING ORDINANCE O SLIDES
O SUBDIVISION REGULATIONS (X) EXHIBITS
O OTHER
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 an 11' front yard setback variance to the 30' front yard setback
requirement to allow the construction of a new 14'X 20' garage. If approved, the garage will be located
19' from the front lot line (Newland Street).
The applicant is planning on constructing the new garage to allow for a new access onto the adjacent
Newland Street. Currently, the applicant has an existing single-car garage (12.3 X 25') which orients
west to east allowing access from Newland Street directly to the west. The new proposal will place the
garage to the west of the existing garage, but will orient north to south, allowing for access off of
Newland Street to the south. The applicant intends on keeping the existing garage and use it for
additional storage space or a workshop.
Pursuant to Section 26-15 (F) of the Wheat Ridge Code of Laws, a detached garage built in the
Residential-Two zone district must retain a 30' setback from any public right-of-way. Because the
property in question is located along a curve on Newland Street and irregular in shape. It offers frontage
along the west and southwest portions of the property. Based on the configuration of the property, the
buildable envelope would be similar to that of a corner lot. However, most corner lots in Wheat Ridge
are platted with more allowable square footage and allow for more buildable space.
If the request is approved, staff would recommend that the existing driveway be removed to allow for
continuation of landscape material.
To date, staff has not received any formal complaint regarding this request
II SITE PLAN
As previously stated, the property in question is located at 4380 Newland Street. The property is an odd
shaped lot providing 9,624 square feet of lot area.
Currently, there is an existing 892 square foot single family residence and a 300 square foot single car
garage. Both structures are centrally located on the site, providing the required 30' front yard setbacks
and 13' side yard setback on the north side of the property. Due to the diagonal configuration of the
southeast property line, the existing single-car garage is only 3.2' from the southeastern property line.
As shown on the attached Improvement Location Certificate is the construction of a new 12'X 30'(360
square feet) addition on the north side of the property. With the new addition, there is not any additional
development opportunity for construction on the north side of the property as the addition is located 12'
from the northern lot line, and that is the minimum side yard setback permitted.
III VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
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 residential dwelling.
Also, there is already an existing single-car garage on the south portion of the property.
2. Is the plight of the owner due to unique circumstances?
No. Other than the odd shape of the lot, there aren't any other unique circumstances attributed
with this case.
3. If the variation were granted, would it alter the essential character of the locality?
Yes. Approval of this request will allow for the placement of a structure 19' from the front
property line in a neighborhood where all other structures are currently setback approximately
30'.
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. Even though the property is an odd-shaped lot and the south lot line projects diagonally
from northeast to southwest, there are other development alternatives for building on this site.
The applicant could demolish the existing single-car garage and locate the new structure at an
angle that would be perpendicular to Newland Street.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for
each request.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property
No. The sole purpose of the request is to allow for additional enclosed parking.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The applicant, who has interest in the property, has created a self-imposed hardship. There
are other development alternatives that exist on 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?
No. Although this request could possibly alter the essential character of the locality, approval of
this request would not be detrimental to the public welfare as the garage will still be located
approximately 19' from the front lot line, allowing for adequate off-site parking and no visual
impairment.
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. Because the structure will allow for adequate separation between adjacent properties and
structures, approval of this request should not impair the adequate supply of light and air, nor
should it increase the danger of fire. Also, because the structure will remain at least 19' from the
public right-of-way, the location of the structure should not contribute to the congestion in the
public streets.
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?
No. The proposed request is purely for individual benefit and will not benefit the community or
neighborhood.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that although the property was found to be an odd-shaped lot and approval of this
request should not be detrimental to the public's health, safety and welfare, staff believes that there are
other development alternatives on the site, that would comply with the development regulations
established in the Residential-Two zone district. Therefore, based on the criteria used for evaluation, a
recommendation for DENIAL is given.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-98-20, a request for approval of a I P front yard setback variance
to the 30' front yard setback requirement to construct a garage on a property zoned Residential-Two and
4380 Newland Street, be APPROVED for the following reasons:
Due to the odd-shape of the lot, the buildable space on the south side of the property is
considerably diminished.
With the following conditions:
1. The existing driveway be removed and replaced with landscape materials."
Option B: "I move that Case No. WA-98-20, a request for approval of a 11' front yard setback variance
to the 30' front yard setback requirement to construct a garage on a property zoned Residential-Two and
4380 Newland Street, be DENIED for the following reasons:
2. There are other development alternatives on the site that would comply with the development
regulations established in the Residential-Two zone district.
3. Approval of this request would alter the essential character of the locality.
4. There are no unique circumstances or hardship."
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
MAP ADOPTED June 15, 1994
Last Revision: October 10, 1996
DEPARTMENT OP PLMPIING W DEI(ELOPt ENT - 235.2852
ZONE DISTRICT. BOUNDRY
PARCEL/LOT BOUNDRY
(DESIGNATES OWNERSHIP)
+ DENOTES MULTIPLE ADDRESSES
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L:\ORAWINGS\PLANNING\GS\SW24
DRA SURVEYING INC. IMPROVEMENT LOCATION CERTIFICATE
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COUNTY OF JEFFERSON, STATE OF COLORADO
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I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR
METRO FUNDING . THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY
PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR ESTABLISHMENT OF FENCE, BUILDING, OR OTHER
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SCRIBED PARCEL ON THIS DATE 9113194 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE
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The City of
Wheat ADMINISTRATIVE PROCESS APPLICATION
Rid Department of Planning and Development
ga 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant JON BRADBURY Address 4380 NEWLAND ST Phone 421-1271
Owner JON FAYE BRADBURY Address 4380 NEWLAND ST Phone421-1271
Location of request 4380 NEWLAND ST,
Type of action requested (check one or more of the actions listed below
which pertain to your request.) 60A qb 3[J63 /
E ]Change of zone or zone conditions X Variance/Waiver t~
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
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.
//Aq ❑ Other 1
Detailed Description of re~juest obrA~ld1 rx hew QOO-acLe_ W17t aSel6aeK4crK
iP tl hcrr~~Srto~P ii+4~k d 9"/"- 4Jh i eA ea -OD' 19 roast ' "hl-
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List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME ADDRESS PHONE
JON BRADBURY 4380 NEWLAND ST. 421-1271
_FAYE BRADBURY 4380 NEWLAND ST 21-1271
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
Subscribed and savor to me this day of 19 C1~
-5 457
SEAL Notary Public
My commission expires
Date Received Receipt No.5-53 Case No. mlq-
I
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 July 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-98-20: An application by Jon Bradbury for approval of an 11' front yard
setback variance to the 30' setback requirement to construct a garage. Said property is
zoned R-2 and located at 4380 Newland Street.
2. Case No. WA-98-21: An application by Gene Hartley for approval of a 5' side yard
setback to the 15' side yard setback requirement to construct a detached garage. Said
property is zoned R-1 and located at 6710 W. 28 h Avenue.
3. Case No. WA-98-22: An application by Linda Christensen for approval of a 5' side yard
setback variance to the 5' setback requirement for a storage shed. Said'property is zoned
R-2 and located at 2790 Vance Street.
4. Case No. WA-98-23: An application by Sandra Hutchcroft for approval of a 9.5' side
yard setback to the 15' setback requirement for the purpose of constructing a storage shed.
Said property is zoned R-1 and located at 3263 Taft Court.
Barbara Delgadillo, I cording Secretary
ATTEST:
Wanda Sang, City Cler~L
To be Published: Wheat Ridge Transcript
Date: July 3, 1998
C:\Barbua\B0A\PUBHRGS\980723.wpd
7500 WEST 29TH AVENUE
June 30, 1998
Dear Property Owner:
WHEAT RIDGE, COLORADO 80215
The City of ~~OF WHEgT~O
Wheat /ran
Ridge
0040 R A00
This is to inform you that Case No. WA-98-20 which is a request for an 11' front yard setback
variance to the 30' setback requirement to construct a garage at 4380 Newland Street 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 July 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. 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.
C:\Barbua\BOA\PUBHRGS\wa9820.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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CITY OF WHEAT RIDGE
PLANNING AND DEVELOPMENT DEPARTMENT
n INVOICE
NAME DATE:
CASE NO. a-O n 1 ` ~9
FEE TYPE
FEE
CHARGE
ACCOUNT
NUMBER
Application Submittal
See Fee Schedule
01-550-01-551
Publications/Notices
See Fee Schedule
Z)
01-550-02-551
24" x 36" Blue Line
$ 3.25
01-550-04-551
24" x 36" Mylar Copy
$ 6.00
01-550-04-551
Single Zoning Map
$ 2.00
01-550-04-551
Set of Zoning Maps
$20.00
01-550-04-551
11" x 17" Color Map
$ 5.00
01-550-04-551
Comp. Plan Maps
$ 5.00 ea.
01-550-04-551
Comp. Plan Book w/Map
$25.00
01-550-04-551
Fruitdale Valley Master Plan
$ 2.50
01-550-04-551
Subdivision Regulations
$ 4.50
01-550-04-551
Zoning Ordinance
$15.00 (does not
include annual updates)
01-550-04-551
Copies
$.15/page
01-550-04-551
Copy of Meeting Tapes
$25.00/tape
01-550-04-551
Miscellaneous:
01-550-04-551
TOTAL COST:
11D De)
e Ap1mn ing\fbmS\invoice