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HomeMy WebLinkAboutWA-98-227500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 September 1, 1998 Ms. Linda Christensen 2790 Vance Street Wheat Ridge, CO 80033 RE: (WA-98-22) Dear Ms. Christensen: Ridge Please be advised that at its meeting of August 27, 1998, the Board of Adjustment DENIED your request for a five foot side yard setback variance to the five foot requirement and a 15 foot front yard setback variance to the 30 foot requirement for the property at 2790 Vance Street. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting (August 27, 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, ,6"k e. Barbara Delgadillo Planning and Development Secretary /bd cc: WA-98-22 C\B arbara\BOA\CORRES P\wa9822.wpd CERTIFICATE OF RESOLUTION I; _AnnLazzeri, 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 the27th day of August, 1998. CASE NO:: WA-98-22 APPLICANT'S NAME: Linda Christensen LOCATION: 2790 Vance Street Upon a motion by Board Member ABBOTT, 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-98-22 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-98-22 be, and hereby is, DENIED. TYPE OF VARIANCE: A 5-foot side yard setback variance to the 5-foot side yard setback requirement and a 15-foot front yard setback variance to the 30-foot front yard setback requirement. FOR THE FOLLOWING REASONS: 1. There would appear to be other areas on the property where the shed could be constructed or moved which would be in compliance with the established development regulations. 2. The proposed request is purely for individual benefit and will not significantly benefit the community or the neighborhood. Although enclosed storage is aesthetically pleasing as opposed to open storage, the applicant does have alternative locations for placement of the storage shed. Board of Adjustment Resolution Case No.. WA-98-22 Page two (2) 3. Approval of this request would, to a degree, alter the essential character of the locality in that there are no other structures within the immediate neighborhood that are nonconforming beyond a 20-foot front yard setback. VOTE: YES: ABBOTT, ECHELMEYER, HOVLAND, HOWARD, JUNKER, MAURO, WALKER NO: ABSENT: THIESSEN DISPOSITION: A 5-foot side yard setback variance to the 5-foot side yard setback requirement and a 15-foot front yard setback variance to the 30-foot front yard setback requirement was DENIED by a vote of 7-0. ADOPTED and made effective this 27th day of August, 1998. 4 L DA MAURO, Chairman oard of Adjustment Ann Lazzeri, Secretary Board of Adjustment For the Following Reasons: 1. Approval of this request has not evidenced itself as detrimental to the public welfare. Although the use is mainly as a drive-through, it has not caused any unsafe parking, loading, service or internal traffic conflicts to be reported to the City. 2. A permanent structure on this property would require the development of the entire property under the current Wheat Ridge code of laws. I The Wadsworth development plan continues to evolve and will ultimately correct the situation of this occupancy. With the Following Conditions: The current awning and signage will be replaced by October 1, 1998. Year-around evergreen landscaping shall be immediately installed and maintained on the north and south sides. The existing flower boxes shall be maintained on the east side. The motion carried by a vote of 6-1, with Board Member HOWARD voting opposed and Board Member THIESSEN absent. Chair MAURO advised the applicant that his request had been approved. :C...: ->Gase No. WA-98-32: An application submitted by Linda Christensen for approval of a 5- foot side-yard setback variance to the 5-foot setback requirement and a 15-foot front yard setback variance to the 30-foot setback requirement for the purpose of a private storage shed: The property is zoned R-2 and located at 2790 Vance 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 that staff was of the opinion that there were other development alternatives on the site which would comply with R-2 zone district regulations and that the applicant created the hardship when they did not contact the City prior to constructing the storage shed. Therefore, staff recommended denial of the request. In response to questions from Board Member ECHELMEYER, Mr. McCartney replied that the shed had been existence for approximately two months and that the existing concrete pad was there long before construction of the shed. The applicant appeared before the Board: Board of Adjustment Page 6 08/27/98 Linda Christensen 2790 Vance Street, Wheat Ridge Ms. Christensen was sworn in by Chair MAURO. She entered the following exhibits into the record: Exhibit "A" Eight photographs of subject area. Exhibit "B" Site plan of subject area. (The exhibits were reviewed by members of the Board.) She stated that, although, she and her husband were unaware of the requirements for a permit to construct a storage shed, they have complied promptly and fully with the City since learning that such a permit was required. She addressed staff's reasons for denial of the.request and stated that the only alternative area is occupied by a large vegetable garden with some raised beds. She stated that there was no alternative place for a vegetable garden on the property and that she believed the garden and landscaping have improved the value of the property. She pointed out a utility manhole cover and water well in the area which also limits development. She stated that she did not believe the shed alters the character of the neighborhood since it is painted the same color as her house and the next door neighbor has a similarly placed shed in his yard. The neighbors have not expressed any objections to the shed. She stated that relocation of the shed would present a hardship because it would necessitate tearing out the garden and landscaping which were installed at considerable expense. Since there is no alternative location for the shed, she stated that it would have to be removed from the site and they had already paid $1,200 for the shed as well as $200 for the permitting process. Board Member ECHELMEYER presented the possibility of rotating the shed to the left in order to meet setback requirements. Ms. Christensen replied that this would necessitate moving the sprinkler system and leveling the site. Board Member ABBOTT advised the applicant that one of the criteria to be established by the Board is one-of hardship and that, although the shed is attractive and the yard is very nice, the placement of the shed is against City ordinance and doesn't meet criteria which would establish a hardship. Ms. Christensen replied that, if they had been aware of the setback regulations, etc., they would not have purchased a shed. She also noted that her neighbor informed her that the previous owners had a shed on the concrete slab which was removed when they sold the property. She stated that, in order to meet the setback requirements, the shed would have to be placed in the middle of the yard making the area unusable for a vegetable garden. Board of Adjustment Page 7 08/27/98 Board Member HOVLAND agreed with Board Member's ECHELMEYER's suggestion to turn the shed around which would meet setback requirements and still leave the vegetable garden intact. Jim Christensen 2790 Vance Street, Wheat Ridge Mr. Christensen was sworn in by Chair MAURO. He stated that turning the shed would interfere with the existing well. Bob Otto 7360 West 28th Avenue, Wheat Ridge Mr. Otto was sworn in by Chair MAURO. He stated that he is a neighbor to the Christensen's and that he has lived in his present home for over thirty years. He stated that the previous owners did have a shed on the concrete pad which was torn down when they moved. He had no objections to the subject shed and felt that it was, in fact, an asset to the neighborhood. Board Member ECHELMEYER asked Mr. McCartney if the shed would comply if it were turned. Mr. McCartney replied that it would meet setback requirements, but he was not sure what water district requirements would be concerning the well. Board Member JUNKER asked if the present location of the shed was on the utility easement. Mr. McCartney replied that the shed is located under overhead lines and that the utility company would have to determine if the easement needed to be open for any reason. Board Member ABBOTT asked if the code had any provision for past nonconforming structures to apply to future situations. Mr. McCartney replied that there is an allowance for nonconforming structures in existence prior to adoption of the ordinance; however, if such structures are more than 50% destroyed, they lose nonconformity status. In this case, the previous nonconforming structure was 100% removed. Jim Christensen 2790 Vance Street Mr. Christensen stated that turning the shed as suggested by Board Member ECHELMEYER would not look good. He asked if a variance would be required to place the shed against the back fence. Mr. McCartney replied that 5-foot setbacks from both fence lines are required. Mr. Christensen stated that the setbacks would require placing the shed in the middle of the garden area. Board Member ABBOTT commented that the applicant's yard is very nice and an improvement over the past. He stated that even though he does not agree with the 5-foot setbacks in these situations which create virtually unusable space, it is necessary to abide by the laws as written in the code. Board of Adjusnnent Pa=e 8 08/27/98 Upon a motion by Board Member ABBOTT and second by Board Member WALKER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-98-22 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- - 22 be, and hereby is, DENIED. Type of Variance: A 5-foot side yard setback variance to the 5-foot side yard setback requirement and a 5-foot front yard setback variance to the 30-foot front yard setback requirement. For the Following Reasons: 1. There would appear to be other areas on the property where the shed could be constructed or moved which would be in compliance with the established development regulations. 2. The proposed request is purely for individual benefit and will not significantly benefit the community or the neighborhood. Although enclosed storage is aesthetically pleasing as opposed to open storage, the applicant does have alternative locationsfor placement of the storage shed. 3. Approval of this request would, to a degree, alter the essential character of the locality in that there are no other structures within the immediate neighborhood that are nonconforming beyond a 20-foot front yard setback. The motion carried by a vote of 7-0, with Board Member THIESSEN absent. Chair MAURO advised the applicant that the request had been denied. D. Case No. WA-98-24: An application submitted by Pester Marketing Company for approval of a 14.5-foot front yard setback variance to the 50-foot setback requirement and a 6.5-foot side yard setback variance to the 30-foot side yard setback requirement for the purpose of Board of Adjustment Page 9 08/27/98 b i t a r r ` ' l.,__ °,~i-Ll~ ->r1~` ice. f b~ ' k~_~. i ~.i: `i r ~ t ~ ~ c'l rt ''~r~~.. l / ~y~~~ i / i f ~i- 1 (y C SJ!'.~~~ ~ .:7n "t;_~ ~)C.S. { t~: z'~-t.. v\ i'ii~~` L~~,~.. ~ ~v"+1,~ 1j i.'~ ~ ~~i' ,x mot- rT" s t"!-'l 'it' ~ ✓ ~~~T ~ vl ~h~/'\ ~S'~ ~ - i ✓ ~ r "~i ~ ~ ' ~ , : ~ n i ~ i v✓ jl~ / O I / j: r I I) L t f J s _ l 1 + 1' f llvit"i'(.V v G1vir-AN 1 LVl.H11V1V LLAIIP IUA'I*t ~ItISi InIGt ~Ai<iE7 [j pp j 13VItLT WIIH a_ant+>sr~F Ti1:1{ji~jr 133.86' 5' EASEMENT (TYP) z N O ~tO JQ5 ii CC) 4? E--4 LOT 1 1 STORY 9RfCK RES. 2790 VANCE STREET N 299' N m d 1&2' 118.87' VANCE STREET LEGEND u T4rvsn covsF N mm w sro~s mxcac~E FLAO au nwstone au [E as om o AS%iNX .T gtlK HELL VEGMau= MANHOI-F - cv v612 JOB NO. F229803 SCALE: 1" = 20' SHEET 2 OF 2 POBLIC HEARING SPEAKERS' LIST CASE NO: WA-98-22 DATE: August 27,1998 REQUEST: An application submitted by Linda Christensen for approval of a 5-foot side yard setback variance to the 5-foot setback requirement and a 15-foot front yard setback variance to the 30-foot setback requirement for the purpose of a private storage shed. The property is zoned R-2 and located at 2790 Vance Street. (please print) Speaker Name Address/Phone In Favor / Opposed 2"7~i o SCE 57 I WDA ~NCZ(S~ N aJ n~nw~°~ co 6-o215 Fier CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: August 27, 1998 DATE PREPARED: August 18, 1998 CASE NO. & NAME: WA-98-22/ Christensen CASE MANAGER: Sean McCartney ACTION REQUESTED: Request for approval of a 5' side yard setback variance to the 5' side yard setback requirement and a 15' front yard setback variance to the 30' front yard setback requirement. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT: 2790 Vance Street Linda Christensen 2790 Vance Street Wheat Ridge, CO 80215 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: 9,975 square feet Residential-Two Single-family N:, S:, E: and W: Residential-Two N: S:, and E: Residential Single Family and W: Wheat Ridge Municipal Building Low Density Residential DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: August 7, 1998 August 13, 1998 August 4, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS O OTHER (X) CASE FILE & PACKET MATERIAL O SLIDES (X) EXHIBITS 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. Ci I. REQUEST The applicant is requesting approval of a 5' side yard setback variance to the 5' side yard setback requirement and a 15' front yard setback variance to the 30' front yard setback requirement to allow for the existence of an 8'X 10' storage shed. If the request is approved the shed will remain located against the fence on the south property line and 15' from the west property line. Request for this application began after Bob Gaspar, Wheat Ridge Building Inspector, noticed the storage shed was built on the property without issuance of a valid building permit. The applicant was under the assumption that a building permit was not required for structure under 120 square feet. Therefore, the structure was built and placed along the south property line (side) and 15' from the west property line (front). If the applicant would have contacted the Wheat Ridge Planning Department prior to construction of the shed, they would have been instructed of the setback regulations and the need for a permit. Pursuant to Section 26-15 (F) of the Wheat Ridge Code of Laws, private storage sheds built in the Residential-Two zone district must retain a minimum 5' side yard setback and a 30' front yard setback (both setbacks measured from lot lines). To date, staff has not received any complaints regarding this request. II SITE PLAN The property in question is rectangular in shape, measuring 75'X 133'. It is a comer lot with Vance Street to the west and West 28`h Avenue to the north. The house is placed towards the eastern property line, allowing for 30.5' setback from the northern lot line (side) and 20.9' setback from the western lot line (front). Along the southeastern side of the property, the existing home is located approximately 8' from the eastern lot line (rear) and 21.4' from the southern lot line (side). Due to the constraints of the development regulations, development is restricted to the southeast portion of the property. However, because there is 722 square feet of buildable area on the southeast portion of the property, there is adequate space for an 80 square foot shed to be placed to comply with the current setback requirements. 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, according to the attached site plan, there are other areas on the property where the shed could be constructed to be in compliance with the established development regulations. 2. Is the plight of the owner due to unique circumstances? No. Other than having a corner lot that is only 75' in depth, there are other development potentials provided within the southeastern portion of the property. 3. If the variation were granted, would it alter the essential character of the locality?. Yes. Approval of this request will alter the essential character of the locality in that there aren't any other structures within the immediate neighborhood that are located within the designated front yard. The existing residential structure currently has a non conforming front yard setback in that the structure is located only 20.9' from the front lot line. The shed could be placed in-line with the existing nonconforming setback, however approval of this request as submitted will permit the existing shed to be located approximately 15' from the front lot line, creating more of a nonconforming situation. 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 was platted as a corner lot with only 75' of lot depth, the property is rectangular and allows for approximately 722 square feet of buildable area on the southeast portion of the property. 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 storage space and to rectify an illegal placement of an existing storage shed. 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. If the applicant would have contacted the Planning and Development Department prior to construction of the storage shed, they would have been informed of the proper setbacks and building permit process. 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? C-3 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 storage shed will retain a 15' setback from the front lot line. 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 is located within the designated front yard setback, and there aren't any other structures located within the front yard, approval of the location of the structure should not impair the adequate supply of light and air to adjacent property nor increase the danger of fire to the adjacent properties. Also, because the structure is to be used for private storage, aproval of this request should not increase 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. Although enclosed storage is aesthetically pleasing, the applicant does have alternative locations for the placement of the storage shed. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that although the property was found to be a corner lot that only provides 75' in lot depth 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. Also, the applicant created their own hardship when they did not contact the Wheat Ridge Planning and Development Department prior to construction of the storage shed. 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-98-22, a request for approval of a 5' side yard setback variance to the 5' side yard setback requirement and a 15' front yard setback variance to the 30' front yard setback requirement for property zoned Residential-Two and located at 2790 Vance Street, be APPROVED for the following reasons: (2 ~ 1. Approval of this request should not be detrimental to the public's welfare. 2. Location of this structure will not impair the adequate supply of light and air to the adjacent properties." Option B: "I move that Case No. WA-98-22, a request for approval of a 5' side yard setback variance to the 5' side yard setback requirement and a 15' front yard setback variance to the 30' front yard setback requirement for property zoned Residential-Two and located at 2790 Vance Street, be DENIED for the following reasons: 1. The property is relatively flat and there are development alternatives on the southeast portion of the property that would comply with the development regulations established in the Residential- Two zone district. 2. Approval of this request would alter the essential character of the locality. 3. There are no unique circumstances or hardship." P C--ui-,,n k& sagL_~ L5 1-o cr.r lA/ i r M &J -rN , hn rs~ S ` v tr a TY >;ns 't =nrt-' O SJAw GaVLP ar--: rLGGtF~ OJ -[-I pt_ VVITIA T40• : ~1Clh~trJ(~ t~oN'GOf`T~oIzMltfv 17T77-IiI CT_v t~r_5 . 6 op TVVo 50l lTi iJ 01~ fr20V0T2T/ ,T4i5tZr- MZE LS n YJ~fkY 'f1M13 ,6.~JO A G'+4✓ZtJa.( l~SS2~ ® 0xlhrlNCn oil l.lrl ~ ,ikRr~ 7-~G4t" 8N Tvlt--_~ gs-✓vlwG-T oolzHoa_ ©G NfE ~2op~zXy. ® Movtw(t, 9 ~ tv ~i(1 or- Gti ~-tzv WOUL,> rZfEE&V1r2r_ r-r~ Lvallc*J rl~It EI+3ECi ~iTva tdU~f ~ rae1 tvv'~, i_l v4Ai3-orb i-ta P. peyb~ GiN~ro b~ ri-1~ ~xt~rrrst~ ~o9~JL.~~~ S~,g_ Wawa (%,aawlq~ rtonrnl .03pov- tei-llr~-Q ~_o C~_ z z 0 W a ZZ Z) ° ~ ~ ~ ~ sew R e _ IL r 'fi 'g ~ 8 S ~ ~ LAKEWOOD OFFICIAL ZONING MAP NHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 DEPARTMENT OF PL N9 DEVE4FM t - 235-2852 ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) CITY LIMIT LINE WATER FEATURE • DENOTES MULTIPLE ADDRESSES SE 26 o m we os wo .oo SCALE 1.400 L:\0RAWINGS\PLANNING\OS\SE26 IMPROVEMENT LOCATION CERTIFICATE 5' EASEMENT (TYP) 26.7' r-w rD !W ~O O cor H w N N N 30.5' 11 LOT 1 LEGEND cANmEVER co~TnEo MOO= DECK OR STEPS CONCRETE BRICK OR "OSTONE WT DRID OR VE ASPHALT DRM1E ® NELL 1 STORY BRICK RES. 2790 VANCE STREET 0 N 118.87' VANCE STREET O O tf) r` C( LO (R-*m JOB NO. F229803 SCALE: 1" = 20' SHEET 2 OF 2 c-7 Improvement Location Certificate Christensen Property Address: 2790 Vance Street Lakewood, Colorado 80215 Leeal Description Lot 1, Wellman's Resubdivision, according to the recorded plat thereof County of Jefferson, State of Colorado Certification I hereby certify that this Improvement Location Certificate was prepared for Linda Christensen, 2790 Vance Street, Lakewood, Colorado 80215. The improvement location being based on a previous property survey that has been monumented by others, or my own property survey at the time I prepared this Improvement Location Certificate, and that it is not a Survey Plat or Improvement Survey Plat, and that it is not to be relied upon for the establishment offence, building or other future Improvement Lines. The found pins, crosses, fences and/or street right-of-ways were used to determine the house location. I further certify that the improvements on the above described parcel on this date, June 29,1998 except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated. And that there is no apparent evidence or signor any easement crossing or burdening any part of said parcel, except as noted, or contained in the title commitment or insurance policy, and said property is not affected by ditches. Notice According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of certification shown hereon. Clear Mountain Surveying, Inc. 501 Violet Street Golden, Colorado 80401 Phone: (303) 271-9071 Fax: (303) 271-9073 Sheet 1 of 2 P.O. BOX 154, bSORRISON, COLOR ADO 60465 1-1-1ONE (303) 271-9071 FAX (_tU~q) g71 -cJ073 PROFESSIONAL LAND SURVEYORS AND CONSULTING CIVIL ENGINEERS RECEPTION NO. F03.i 378 23.00 PG: 210 ,RECORDED IN-JEFFERSON COUNTY, COLORADO WARRANTY DEED 0~ 0 toy O THIS DRED, Made this 17th dayof October 19 96, between William W. Wiggins and Sandra L. Wiggins ofthe County of Jefferson and Std..f Colorado grantor, and Linda M. Gordon and James G. Christensen 0001-001 10/22/96 10:33:19 whose legal address is 2790 Vance Street, Wheat Ridge, Colorado 80215 oflhe County of Jefferson and State of Colorado ,grantees: WITNESS, That the grantor, for and in consideration of the sum of ONE HUNDRED SIXTY NINE THOUSAND NINE HUNDRED.FIFTY AND NO/100------------------------------------------------ ------------DOLLARS,($169, 950. 00 tithe receipt and sufficiency of which is hereby acknowledged, has. granted, bargained, sold and conveyed, and by these presents does grant, bar- gain, sell, convey and confirm, unto the grantees, their hairs and assigns forever, not In tenancy in canunon but In joint tenancy, all the real property together with improvements, if any, situate, lying and being in the County of Jefferson , unit State of Colorado, described as follows: Lot 1, Wellman's Resubdivision, according to the recorded plat thereof County of Jefferson, State of Colorado also known bytheolaud numbera, 2790 Vance Street, Wheat Ridge, Colorado 80215 TOGETHER with all and singular the heredilaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and renminders, rents, issues and profits thereof, and all the estate, right, title, interest, chum and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant. grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the unsealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has goal] right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, lions, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a Hall but not yet due or payable, easements, restrictions, reservations, covenants and rights-of-way of record, if any, . Tlregrnnha shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- 5EKa sF every person or persons lawfully claiming the whole or any part]hereof. e singular, and the use of any gender shall be applicable to all genders. )1 r deed an the data set forth above. COUNTY OF Jefferson ) The foregoing instrument was acknowledged beforeme this 17th day of October ,1996 by William W. Wiggins and Sandra L. Wiggins My Commission expires: November 13, 1997 my hand3m ref i.. FIRST AMERICAN Notary Public n: Rene ufkin STATEOF COLORADO ) is. WANRAbrY D El ED lm.hanr'rmmltat e~ P1'EHRAG?!8 rleN Hw2*7m96 Ne~aa k C~ °F w ear LAND USE CASE PROCESSING APPLICATION °E wHegr o ~ m Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 oRAOO Phone (803) 235-2846 °ot oero° (Please print or type all information) Applicant LIMDA GK15TEM5CM Address 2-1q0-VANCC 5T Phone Z7+-te55Z City LFkKFWDDD Sb2iS (UW) U5 1O-0c10 Owner J#M 4 LIMDA GN9IS( 6MW Address-2-700 VAAJ66 5T Phone 2-75 Z City LAKEIU)OP `3O'Z Location of request (address) Zlcfu VAn1CE 5-T Type of action requested (check one or more of the actions listed below which pertain to your request.) ❑ Change of zone or zone conditions Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: WE WOULD LIKE To PLACE A STD2A6iF 5N'FiO 6to' A AIMI T THE FENCE &aiinJ THE Pi WFi2T ' lMe W Tli'E SOON SIDE 17uR HDu~, Fill out the following information to the best of your knowledge. Current Zoning _ Size of Lot (acres or square footage): Current use: 51 NGGk- IL 51 I Proposed use: 6IN6- IF,4M R I ~I IFYL Assessors Parcel Number: 1 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~N/bt~~ ~~OtD/L~L1 Subscribed and sworn to me: thisa~th day of , 199 Notary Public My commission expires 1`a-LI Date received ~ -ay -cs Receipt No. (6 5 Case No. W?t - qFS Related Case No. Zoning Quarter Section Map 5J C;-ID NOTICE OF PUBLIC HEARING Notice is hereby given thata Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on August 27, 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: Case No. TUP-98-04: An application submitted by Ric Ondrusek for approval of a temporary use permit to allow the use of a 21' trailer to store personal belongings while remodeling. Said property is zoned R-1 and located at 3815 Garrison Street. 2. Case No. TUP-98-05: An application submitted by John Colip, Java Time, for approval of a temporary use permit to allow for an existing coffee kiosk to remain. Property is zoned C-1 and located at 4313 Wadsworth Boulevard. ase No. WA-98-22: An application submitted by Linda Christensen for approval of a 10' side yard setback variance to the 15' setback requirement and a 15' front yard setback variance to the 30' requirement to allow the existence of a private storage shed. Said property is zoned R-2 and located at 2790 Vance Street. 4. Case No. WF-98-01: An application submitted by Duane Helms for approval of a flood plain special exception to replace existing single-family home and detached garage with new single-family home with an attached garage. Said property is zoned A-1 and located at 4221 Jellison Street. Case No. WA-98-24: An application submitted by Pester Marketing Company for approval of a 14.5 foot front yard setback variance to the 50' setback requirement and a 6.5' side yard setback variance to the 30' side yard setback requirement to construct a gas station canopy and convenience store. Property is zoned Light Industrial and located at 5190 Ward Road. Barbara Delgadillo, Recording Secretary ATTEST: X" 1'~ Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: August 7, 1998 C:\Barbam\BOATUBH RGS\980827.wpd 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 August 4, 1998 Dear Property Owner: The City of ~~OF W HEAT ~O Wheat GRidge 00ZORA~O This is to inform you that Case No. WA-98-22 which is a request for a 5' side yard setback variance to the 5' setback requirement for a storage shed located at 2790 Vance 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 August 27, 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:\Barbara\BOA\PUB HRG S\wa9822.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 • POLICE DEPARTMENT FAX: 235-2949 d w~ RD a ~ d j 1] = N d N U U ` u.r C Q U U R z W c L ~ m ` v K w > a c a u u ~ K 5 N p' U H C N . N E a E 0 a u m L o ~ - o a c EOo N w a = ~ N N N N N _ X (Nj N 9 ry W O) Ol OI m° U 3 3 3 3 3 U _ 0 N C a ~ L N N... N N y W O C ry N Q W O N C N O~ C N N d O~ Cc N > O~ c N d O oU0 - U0 OLO ONm ` N d N U moo a U L U N N U C y O N a a m e _ U c d n U ,o a Q o ti m a m m o o m m r w 0 y 3 3 ° 3 m o o V N r n ~N m u1N M I~ m ~Np _ .a 2A _ 9 'J J J J C N ~ c'm 6 Y-~ GILrC N~ d R, U N W Q ` N N N N O U V ¢ ~U oxLL X W z LOI uj C14 .2 V C a N M c7 M M 00 0 o m m m m rn w O ; a o n b o n m m m rn m W Q W z N Oda a } O W I-cS d U 120 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 July 24,1998 Ms. Linda Christensen 2790 Vance Street Wheat Ridge, CO 80033 Ridge RE: WA-98-22: Request for a 10' side yard and 15' front yard setback for a storage shed Dear Ms. Christensen: Please be advised that at its meeting of July 23, 1988, the Board of Adjustment continued the public hearing for your application to August 27, 1998. Please feel free to contact me at 235-2846 if you have any questions. Sincerely, Barbara Delgadillo Planning and Development Secretary /bd cc: WA-98-22 C:\B arbara\BOA\CORRESP\wa9822christensen. wpd The motion carried by a vote of 5-1, with Board Member HOVLAND voting no and Board Members WALKER and JUNKER absent. Chair MAURO advised the applicant that the variance was granted. _ C. Case No. WA-98-22: _ An application by Linda Christensen for approval of a 10-foot side yard setback variance to the 15-foot setback requirement and a 15-foot front yard setback variance to the 30-foot front yard setback requirement to allow a private storage shed.. Said property is zoned R-2 and located at 2790 Vance Street. This case was continued to the August 27, 1998 Board of Adjustment meeting due to improper posting and publication of the application. D. Case No. WA-98-2j: An application by Sandra Hutchcroft for approval of a 9.5-foot yard setback to the 15-yard setback requirement for the purpose of constructing a storage shed. Said property is zoned R-1 and located at 3263 Taft Court. This case was presented by Sean McCartney. He reviewed the staff report, entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He presented an aerial view of the property and stated staff s conclusion that, although the property was found to be a pie-shaped lot and approval of the request should not be detrimental to the public's health, safety and welfare, staff believed there were other development alternatives on the site which would comply with the development regulations established for the R-1 zone district. He concluded the presentation by stating that staff recommended denial based on criteria used for evaluation of a variance request. The applicant appeared before the Board. Sandra Hutchcroft 3263 Taft Court Ms. Hutchcroft was sworn in by Chair MAURO. Ms. Hutchcroft submitted copies of a document containing her comments which she felt supported a hardship in this case. A copy of this document was entered into the record as "Exhibit A'. She stated that their home has four levels including a finished basement used as an office area. The only storage space left is the crawl space which is not ideal because of dirt and dampness and difficulty associated with crawling in and out of the area. Her plan called for a 10 x 20 foot storage addition to the house, bricked to match the existing structure, and she felt the addition would increase the value of the property and would not be degrading to the neighborhood. Location of trees on the property substantially reduced available space for a storage shed. Based on the 13.5-foot Board of Adjustment Paee 7 07/23/98 OF WHEgT City of Wheat Ridge _ Planning and Development Department o Memorandum TO: Board of Adjustment FROM: Sean McCartney, Planner SUBJECT: Case No. WA-98-22 / Christensen DATE: July 17, 1998 Staff is requesting the continuation of Case No. WA-98-22, an application by Linda Christensen for approval of a 10' side yard setback variance to the 15' side yard setback requirement and a 15' front yard setback variance to the 30' front yard setback requirement to allow the existence of a private storage shed. The information that was provided for the notification, publication and posting of the property was erroneous and therefore requires a continuation of the case to August 27, 1998 so the proper information can be distributed. 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 T 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. 28th Avenue. 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-I and located at 3263 Taft Court. Barbara Delgadillo, cording Secretary ATTEST: Wanda Sang, City Cl To be Published: Wheat Ridge Transcript Date: July 3, 1998 CABwbwa\BOA\PUB HRGSW80723.wpd 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 June 30, 1998 Dear Property Owner: The City of ~~OF WHEAT~o 'Wheat v ,m GRidge °LORN 0 This is to inform you that Case No. WA-98-22 which is a request for a 5' side yard setback variance to the 5' setback requirement for a storage shed located at 2790 Vance 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:\Bmbua\B0A\PUBHRGS\wa9822.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 • POLICE DEPARTMENT FAX: 235-2949 a m N 99I W W C AR y 'V C w_ u N y m c ~ v w 'm a K j = ' a U m d ~ O ~ d C 2 > NI a m K c ~ a > a 'u U l u d N d N - a y ~L. O 4 N p w _ Oi O C ~ y N mma L Q ~ U O O # N'O C y N O d ~ N N N N N N N N N N K:C -o U ~ m rn m ~ 6 ~ m 3 3 3 3 3 N y ` v a a •f0 0 C _ y O ~ C Q j N L ~ rn m N N r t0 N m N ~O N N C N D C m m L ~ O ow n 2U C N L,O L mNU 41 0 y0 N U U c U U c U n C r a U ~.a L v m m ti ~~o y m 'o ~>°o o 'o K~o m m - o rn W ( ~ y ~ r ~ ~ N ~ U I N ~ ~ M m r m N d E N O _ •a ry N J J rL J J C N d N w c a N v v r~ w a ~ ° ~ N Q w O U~ LL W N C m ❑ ❑ ❑ ® ❑ ❑ Z d Lo U W T N < M rn a rn n rn o m r rn c 0 G p M M M M N d (~O C) C) 0 O W E m m O° V Z WQW 0 N ~ Oda a ~ O W 0 N O a E W L i O Q y O a m b T A b d a CITY OF WHEAT RIDGE PLANNING AND DEVELOPMENT DEPARTMENT INVOICE NAME b nda- G~~~S T~NS~N DATE: 6 ~ Y-CI Y CASE NO. 4- q20~ FEE TYPE FEE CHARGE ACCOUNT NUMBER Application Submittal See Fee Schedule 570. C-)o 01-550-01-551 Publications/Notices See Fee Schedule 60-60 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: f/p. pa eAp1mning\forms\invoice