HomeMy WebLinkAboutWA-98-277500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
September 29, 1998
Mr. Ken Sanchez
8277 W. 71" Place
Arvada, CO 80004
RE: (WA-98-27)
Dear Mr. Sanchez:
Ridge
Please be advised that at its meeting of September 24, 1998, the Board of Adjustment DENIED your
request for a 15' side yard setback variance to the 30' side yard setback requirement to allow a 22' x
22' detached garage on property located at 3405 Wright Street and zoned Residential-One A.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting. 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: Ms. Beatrice Anders
3405 Wright Street
Wheat Ridge, CO 80033
WA-98-27
CABarbara\BOA\CORRES V\w19827,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 24th day of September, 1998.
CASE NO: WA-98-27
APPLICANT'S NAME: Ken Sanchez for Beatrice Anders (property owner)
LOCATION: 3405 Wright Street
Upon a motion by Board Member THIESSEN, seconded 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-98-27 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
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-98-27 be, and hereby is, DENIED.
TYPE OF VARIANCE: A 10-foot side yard setback variance to the 30-foot side yard setback
requirement to allow a 22-foot by 22-foot detached structure.
FOR THE FOLLOWING REASONS:
Strong protests were registered by the affected neighbors in the area against the variance.
2. The Board does not believe that granting this request would be aesthetically pleasing to
the neighborhood.
3. There are other developmental prospects on this property that can be achieved without the
variance.
4. There are no unique circumstances that would require the granting of this request over the
neighborhood protests.
Board of Adjustment Resolution
Case No. WA-98-27
Page two (2)
Granting this request could significantly alter the character of the neighborhood.
6. Granting this request could diminish or impair property values.
- VOTE: YES: ABBOTT, ECHELMEYER, HOWARD,
TUNKER, THIESSEN
NO: WALKER
ABSENT: HOVLAND, MAURO
DISPOSITION: A 10-foot side yard setback variance to the 30-foot side yard setback
requirement to allow a 22-foot by 22-foot detached structure was DENIED by a vote of 5 to 1.
ADOPTED and made effective this 24th day of September, 1998.
T M ABBO T, Vice-Chairman
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
4. The 21-foot high backstop would have no effect on adjacent residential property.
The amendment was accepted by Board Members THIESSEN and ECHELMEYER.
The motion carried by a vote of 6-0 with Board Members HOVLAND and MAURO
absent. _
Vice Chair ABBOTT announced that the request had been approved.
C.. Case No. WA-98-27: An application submitted by Ken Sanchez for Beatrice Anders for
approval of a 15-foot side yard setback variance to the 30-foot side yard setback
requirement to allow a 22-foot by 22-foot detached garage. The property is zoned RI-A
and located at 3512 Wright 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 the City has received two letters of opposition to this request.
Mr. McCartney stated staffs conclusion that, based on criteria presented in the staff report,
approval of this request could be detrimental to the public's welfare, create congestion in
the public streets and could alter the essential character of the locality. Further, based on
the fact that staff did not find any evidence of hardship, aside from personal inconvenience
for the property owner, he stated that staff recommended denial of the request. He advised
the Board that, should the request be approved, staff recommended that the request be
chanced to a 10-foot side yard setback variance to allow for a driveway depth of 20 feet.
In response to a question from Vice Chairman ABBOTT, Mr. McCartney stated that he
had received another letter of opposition in addition to the letter included with the staff
report.
Board Member ECHELMEYER asked the address of the property owner who submitted
the second letter of opposition. Mr. McCartney stated that it was an adjacent property
owner at 3541 Ward Road.
Vice Chairman ABBOTT referred to staffs concern that approval of the application could
increase congestion in the public street and asked for clarification. Mr. McCartney replied
that this concern was based upon industry standards of a driveway length of 20 feet: for
example, a driveway length of less than 20 feet could cause a large vehicle to extend onto
public right-of-way.
Board of Adjusunent Page 6
09/24/98
Ken Sanchez
8277 West 71st Place
Mr. Sanchez was sworn in by Vice Chair ABBOTT. Mr. Sanchez stated that he is the
builder representing the owner, Beatrice Anders. He explained that the proposed structure
is not planned to serve as a garage but as a workshop. He explained that it would be
necessary to-widen the existing gate to use the structure as a garage and there were no plans
to widen that gate. He stated that there is an attached two-car garage that will be used for
the owner's vehicles, and that moving the proposedstructure would necessitate the removal
of some patio concrete and an existing wood shed.
Mr. Sanchez, upon consultation with Beatrice Anders, advised the Board that it was the
desire of the applicant to amend the variance request from 15 feet to 10 feet.
Board Member ECHELMEYER expressed concern that the application was for a
shop/garage and the actual use would be as a workshop. Mr. McCartney replied that the
setback requirement applies to any structure, regardless of use, and therefore the Board had
jurisdiction to consider the case at this time.
Board Member ECHELMEYER asked Mr. Sanchez if he was planning to construct a
driveway from the building to the street. Mr. Sanchez replied that they were not planning
construct a driveway; however, they would be willing to comply with the 20-foot setback
requirement.
Board Member HOWARD asked if the applicant could show the Board a drawing of the
proposed structure. Mr. Sanchez replied that he did not have a drawing with him but that it
was planned to have a 22-foot by 22-foot structure with a gabled roof In response to
Board Member HOWARD's comment that it would not match the house, Mr. Sanchez
replied that the other structures on the property do not match the house since it is very
difficult to match the A-frame structure of the house.
In response to a question from Board Member ECHELMEYER, Mr. Sanchez stated that
the structure will contain four solid walls with either an 8-foot bay door or a french door on
the south side to facilitate the movement of woodworking equipment and supplies.
Beatrice Anders
35 12 Wright Street
Ms. Anders was sworn in by Vice Chairman ABBOTT. She stated that she bought the
property because of its unique design, the roots in the back yard for her grandchildren to
play and to construct a woodworking shop where her husband can invent and build
equipment for people with learning disabilities. She said it was not practical to add the
shop area onto the present house.
Board of Adjustment Page 7
09/24/98
In response to a question from Board Member ECHELMEYER, Ms. Anders stated that she
does not plan to install a concrete drive to the street. She also stated that, without the
variance, her back yard would be extremely small.
Board Member ECHELMEYER asked if a future owner would have to apply for a variance
in order to build a driveway should that owner wish to use the structure as a garage. Mr.
McCartney explained that if this variance is granted, a future owner could build a concrete
driveway without having to apply for a variance or a permit.
Board Member HOWARD asked the applicant if she had considered alternatives such as
an 13x24 foot structure. The applicant replied that mature trees on the property prevent
building any further to the south.
Vice Chairman ABBOTT commented that perhaps the applicant could build a smaller
structure, providing for a lesser variance. Ms. Anders replied that they needed the
requested size to accommodate her husband's equipment.
Ken Sanchez returned to the podium and stated that they had considered a smaller
structure; however, they wanted to build the structure as close to the corner of the property
as possible to retain more of the back yard.
Vice Chairman ABBOTT commented that the applicant is giving away some square
footage of the structure by leaving an eight-foot setback from the fence when only five feet
are required.
Anthony Gibbons
12420 Nest 35th Avenue
Mr. Gibbons was sworn in by Vice Chairman ABBOTT. He stated that his residence was
diagonally across the street from the applicant. He expressed his concern about the legality
of the existing fence which is six inches from the inside edge of the sidewalk along West
35th Avenue. He further expressed his opposition to the proposed setback variance which
he felt would be out of character for the neighborhood.
In response to a question from Board Member THIESSEN, Mr. Gibbons stated that he was
still opposed to the variance in spite of the fact that the applicant had amended her request
by Five feet.
In response to a question from Mr. Gibbons about the legality of the fence, Mr. McCartney
explained the relevant portion of the code and informed Mr. Gibbons that the fence was in
compliance.
Board Member HOWARD asked to see the letter of protest that was not included in the
packet. The following letter was introduced into the record as an exhibit and given to the
Board of Adjustment
09/24/98
Page 8
Board members for their examination:
Exhibit "A" - Letter from Mr. Yemen, 3541 Ward Road, expressing opposition
to the variance.
Board Member WALKER asked if there was an option to continue the case since the report
referred to the proposed structure as a garage rather than a workshop.
Mr. McCartney replied that this was not an option since the variance must be considered
on the basis of a structure and not its intended use.
Ken Sanchez returned to the podium and stated that, should the variance be denied, the
structure could be constructed to be in compliance with the code; however, it would still
leave the option for a future owner to install a concrete driveway and use the structure as a
garage.
In response to a question from Board Member THIESSEN, Mr. McCartney explained that
an approval is not required to install a curb cut for a driveway for single family residences
other than to make sure the drainage meets requirements.
Vice Chairman ABBOTT requested that the owner address the Board and specifically state
her intentions in regard to the use of the structure.
Bernice Anders returned to the podium and stated that the use of the entire structure will
be as a shop. She stated her original intention was to add a shop onto the house, but it
Would have been cost prohibitive for her to do so.
Upon a motion by Board Member THIESSEN 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-98-27 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
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-98-27
be, and hereby is, DENIED.
Board of Adjusnnent Pale 9
09/24/98
For the following reasons:
Strong protests were registered by the affected neighbors in the area against the
variance.
2. The Board does not believe that granting this request world be aesthetically
pleasing to the neighborhood.
There are other developmental prospects on this property that can be achieved
without the variance.
4. There are no unique circumstances that would require the granting of this request
over the neighborhood protests.
5. Granting this request could significantly alter the character of the neighborhood.
6. Granting this request could diminish or impair property values.
Vice Chairman ABBOTT stated that he would vote in favor of the motion for all of the
reasons stated. He stated that, even though lie sympathized with the applicant, it was the
Board's position to look for hardships and weigh those hardships against the ordinances
adopted by the City's elected officials.
Board Member ECHELMEYER. stated that he would also vote in favor of the motion
because it appears that if the present wooden shed were removed, a structure between the
concrete patio and the rive-foot easement on the east would accommodate the 22-foot by
22-loot structure and still leave room for a play area.
The motion for denial carried by a vote of 5-l, with Board Member WALKER voting NO
and Board Members HOVLAND and MAURO absent.
Vice Chair ABBOTT advised the applicant that the request had been denied.
6. OLD 13USINESS
Mr. McCartney asked if the Board would like to schedule a study session. There was a
consensus of the Board to hold a study session before the end of the year.
NEW BUSINESS
A. Approval of Minutes of August 27, 1998.
It was moved by Board Member WALKER and seconded by Board Member JUNKER to
Board oFAdjusnnent Page 10
09/24/98
"14'
L4),4-(?S'-77
2l 9
WA - 99 --z4
GTL O~ 104C eat ~
l / DECEIVED
CEP 2 31998
f o
Jy-,cvl Luc
JOE H. YEAMAN
FIREFIGHTER RET DEMIIlN1D
3541 WARD ROAD
WHEAT RIDGE, CO MM
PLBLIC HEARING SPEAKERS' LIST
CASE NO: WA-98-27 DATE: September 24, 1998
REQUEST:
Application by Sanchez for Anders for a 15-foot side yard setback variance for a detached
garage at 3512 Wright Street.
(please print)
Speaker Name Address/Phone
d~64e,-119, An c( arS 35-1 a W
In Favor / Opposed
+ S-r
r
✓
Kvl~A
12`
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 24, 1998 DATE PREPARED: September 16, 1998
CASE NO. & NAME: WA-98-27/ Sanchez CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of a 15' side yard setback variance to the 30' side yard
setback requirement to allow a 22'X 22' detached garage.
LOCATION OF REQUEST: 3512 Wright Street
NAME & ADDRESS OF APPLICANT:
NAME & ADDRESS OF OWNER:
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
O SUBDIVISION REGULATIONS
O OTHER
Ken Sanchez
8277 West 71" Place
Arvada, CO 80004
Beatrice Anders
3405 Wright Street
Wheat Ridge, CO 80033
10,200 square feet
ptc~f'
Residential-One A
Single Family Residence
N:, E: and S: Residential-One A; and
W: Residential-Two
N:, E:, and S: Single-family; and W: Two-family
September 4, 1998
September 10, 1998
September 4, 1998
(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.
G- I
I. REQUEST
The applicant is requesting approval of a 15' side yard setback variance to the 30' side yard setback
requirement to allow a 22' X 22' detached garage. If approved, the garage will be 15' from the south
property line.
Currently there is a 2,016 square foot a-frame, with a 2-car attached garage on the northwest corner of
the property. The applicants, who have just bought the house, are intending on using the proposed
structure as a detached garage and wood shop for personal use. The structure will provide a single-bay
for parking and the rest for wood working machinery. The applicant has stated that the owners have
requested the placement of this garage in hopes that the structure will not have to encroach into their
existing cramped backyard.
Pursuant to Section 26-11 of the Wheat Ridge Code of Laws, any side yard which abuts a public right-
of-way shall have a minimum setback of 30' for all structures.
To date, staff has not received any complaints regarding this request.
II SITE PLAN
The property in question is a corner property located on the northeast corner of Wright Street and West
35" Avenue and measures 85' along Wright Street and 120' along West 35`h Avenue. Currently, there are
several mature trees throughout the property which is located in a neighborhood that has several mature
trees strewn throughout. If the request is approved, the owner will have to remove at least one mature
tree.
The applicants have proposed to place the detached garage on the southeast portion of the property, 15'
from the south property line and approximately eight feet from the eastern property line. The proposed
location will be approximately five feet to the north of an existing 10' drainage easement.
The designated backyard is located in the eastern portion of the property. Currently, there is an existing
concrete pad (patio) and 7' X 14' wood shed. The owner has requested the proposed location for the
detached garage in hopes that they may retain what space they can as a backyard.
If the request is approved, the owner will be required to asphalt or concrete the driveway from right-of-
way to the front of the proposed detached garage.
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?
Board of Adjustment
WA-98-27/Sanchez for Anders
Page 2
Yes. If denied, the owner may still continue to use the house as a single-family residence which
currently provides enclosed parking with an attached two-car garage.
2. Is the plight of the owner due to unique circumstances?
No. There aren't any unique circumstances attributed to this case.
If the variation were granted, would it alter the essential character of the locality?
Yes. Approval of this request will allow for a structure to be located 15' from West 35`h Avenue.
Currently, there aren't any properties within the immediate vicinity that have structures within at
least 25' from West 35' Avenue.
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 a grade differential from south to north and there are several
mature trees located throughout the property, there seems to be plenty of building area within the
backyard allowing for the minimum 30' side yard setback from West 35`x' Avenue.
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 purpose of the variance is to allow for a two-car detached garage to be located outside
of the designated backyard area.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The alleged hardship has been created by the owners of 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?
Yes. Approval of this request will allow for the placement of a two-car attached garage 15' from
West 35`x' Avenue, a designated public right-of-way. The minimum length for driveway depths,
determined through industry standards, are 20'. The 20' depth allows for a standard vehicle to be
parked on the designated driveway and allow for the vehicle to be enveloped within the
Board of Adjustment
WA-98-27/Sanchez for Anders
Page 3
C,3
designated driveway. Driveways that are less than 20' in length risk having the parked vehicle
extend into the designated public right-of-way and hinder the adequate pedestrian and vehicular
circulation. Therefore, approval of this request could be detrimental to the public's health, safety
and welfare.
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 proposed structure will allow for adequate separation between any adjacent
structures, approval of this request should not impair the adequate supply of light and air to the
adjacent properties. However, as stated above, due to the 15' proposed driveway depth, there is a
chance that any vehicle parked on the driveway could hinder the adequate flow of traffic and
potentially 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. Approval of this request is solely for individual benefit and should not benefit the
neighborhood or community.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that it was found, in the above criteria, that approval of this request could be detrimental
to the public's welfare, create congestion in the public streets, and could alter the essential character of
the locality. Through the evaluation, staff did not find any evidence of hardship, aside from personal
inconvenience for the property owner. Therefore, based on the facts of findings for Case No. WA-98-
27, staff recommends DENIAL.
However, if the request is approved, staff recommends that the request be changed to a 10' side yard
setback variance, thus allowing for a driveway depth of 20'.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-98-27, a request for approval of a 15' side yard setback variance to
the 30' side yard setback requirement to allow a 22'X 22' detached garage for a property in the
Residential-One A zone district and located at 3512 Wright Street, be DENIED for the following
reasons:
Board of Adjustment
WA-98-27/Sanchez for Anders
Page 4
C-~
Approval of the request could be detrimental to the public's welfare in that a 15' deep driveway
does not permit adequate parking surface. Driveways must maintain a minimum of 20' to allow
for adequate parking space.
Approval of this request could create an increase in congestion in the public streets.
Approval of this request could alter the essential character of the locality."
Option B: "I move that Case No. WA-98-27, a request for approval of a 15' side yard setback variance to
the 30' side yard setback requirement to allow a 22'X 22' detached garage for a property in the
Residential-One A zone district and located at 3512 Wright Street, be APPROVED for the following
reasons:
The proposed structure will provide additional enclosed, outside storage.
With the following conditions:
The structure must retain a 20' setback to allow for a 20' deep driveway.
The driveway must be paved, with asphalt or concrete, from the public right-of-way to the front
of the detached garage."
E\MCCartnq\c.ee file ,0837 wpd
Board of Adjustment
WA-98-27/Sanchez for Anders
Page 5
c
- ~-~-19 t1c-
F(
Ia'II
II /J 1N
PGD
APPJKY)p MW
~4
~fFTiLM~+T 4
O
r
z
OG-
O r- I G I A L -ZONE DISTRICT 50UNDRY
ZONING M A P -PARCEL/LOT BOUNDRY
D (DESIGNATES OWNERSHIP)
WI IJ~~TZ~ RIDGE - =CITY LIMIT LINE
G O L O RA D O ' DENOTES MULTIPLE ADDRESSES
MAP ADOPTED: June 15, 1994
Last Revision: February 20, 1998
_j!4j~-_jmmWjl
T
N l~l 2
o ao m wu eoo m
SCALE 1'400
iRT~`~,T OF F MWINC AND DEYEXPMENT - 135-1851
August 28, 1998
Planning and Development Department
7500 W 29th Avenue
Wheat Ridge CO 80033
235-2846
To Whom It May Concern:
I would like to request a variance of the 30' restriction to a 15' line from
the street in order to build a 22' x 22' detached shop and garage. Since
the house was built so far back from both streets, Wright Street and 350'
Avenue, my back yard is very small. To place this structure 30' from
35t` Avenue would take away the majority of the yard I do have.
My house is a tall A-frame home, approximately 28' high which cuts off
any view already. The only view west is the back side of Wal-Mart
and there is not a view north, south or east except other homes.
I would deeply appreciate your consideration of this request.
Sincerely,
X,~~6
Beatrice Anders
Owner
C_7
Board of Adjustment
The City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 8003
Gentlemen:
Anthony B. & Frances M. Gibbons
12420 West 35th Avenue r
Wheat Ridge, CO 8003 f/
September 15, 1998 r.
l voVED
SEEP 17 1998
Re: Case No. WA-
3512 Wright
We wish to register our strongest protest against the
proposed 15' variance from the 30' setback requirement adjacent
to West 35th Avenue at the northeast corner of West 35th Avenue
and Wright Street. Our reasons are two. The first reason is
simply opposition to seeing the appearance of the neighborhood
degraded by crowding more building onto a conspicuous corner
lot. Observance of the required 30' setback adds much to the
amenity of this area. Other property owners have abided by
the setback. We do not see why this new owner cannot do so
like anybody else.
C-7
Our second reason for objecting to the proposed addition
is that non-covenant construction has already made 3512 Wright
Street a neighborhood eyesore. One of the former owners
relocated his 6' privacy fence to a position within six (6)
inches of the inside edge of the sidewalk along West 35th Avenue
at that address. There was no notification to property owners
and no hearing before your Board prior to the erection of the
fence. Conversation with that owner revealed that he was a
remodeler/builder on familiar terms with members of the
permit-issuing office and that he had, so he said, obtained
permission from the City of Wheat Ridge to put his fence where
he did.
The misfit of the fence in its current location is more
than aesthetic. It encloses part of the public right-of-way
for West 35th Avenue as well as an easement for a underground
irrigation ditch which runs along the north side of the Avenue
at this point. Moreover, because of the scant width of the
sidewalk on which it abuts (only 32 inches), the fence crowds
pedestrians and makes it nearly impossible to open the door
of a car parked along the north side of West 35th Avenue..
If the City's permission to build the cited fence where
it is was granted illegally or in ignorance of the lot's position
on a corner or, just possibly, was never actually obtained at
all, the City should be thinking about bringing the property
at 3512 Wright Street into compliance with the setback
requirement rather than about a further encroachment on the
setback.
Very truly yours,
Anthony B. Gibbons Frances M. Gibbons
DATE / 113 IS FEE R, On JOefl 91, -1, tan
RA POW MORTGAGE CO. €l rCT 01Cf TCA E
L A N D S U R V E Y I N G ADDRESS 2512 WFiL'HT °T
5460 WARD ROAD • SUITE 160 BORROWERS NAME 41914€•'
ARVADA, f;OLORADO 80002
(303) 420-4788
LEGAL DESCRIPTION
IMPROVEMENT LOCATION CERTIFICATE IY[ACUErvn I
_ p}}r,• I~•~+- - LOT 8 AND THE SOUTH 5.0 FEET OF LOT 7,
RIDGEVIEW ACRES, SECOND FILING,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
/twre :
w.a7o_ SH EO
1JrV_TO €SA'I T.
X5...5 HOWF-~1 LoT Y
~ X12.0 I uD- a
.j I V
I IV
02Z E -r, 7.5 00
a 00
~A q _vO~-eC~
313-`
/O'UT'/L _ ESNJT
I ZO. Up
V)
ll= L a"T"~
.Iw..rsauwuwa
I4T"DAKY~p1
r,~llwu,lso-erenos~
On the basisof my knowledge, Info"natior
Or Improvement Survey, a~rlgt rg
Improvement lines. I furr`~tKKer cekkl1
connections, are entirely within the loo r
described premises by improvements o
sign of any easement crossing or burde
"NOTICEt According to Colorado law you n
Post discover such defact. In ro event, may itrI1
the eerrlllcauor, shown hereon."
belief. I hereby,
of to be relied
s improvemenl
s of the parcgl
any Bdjoining pre"
ng any part of sad
a that this improvement locatbn ce cats was epared for
,that is not a Land rvey Plat
an for the establishment of fen 'building, or o er future
on the above described part on this date, ex apt utility
except as shown, that there no encroachment upon the
B. except as indicated, and th fththere Is no apparent vidence or
cal, except as,'ggW0111u1b,
~d sway wlfhvl It yearn attar you
RDSC.f1K.Ve than ten ye hom the date of
gs,.ffD.
v2ea _ /
RECEPTION NO 9623656 24.20 PG: 000.. 1
250 RECOR. IN JEFFERSON COUNTY, COLORADO 6/lc/98 14:23:49
WARRANTY DEED
THIS DEED, Made Wia 29th &,.f May. 1998.1e..a \
'I
Bruin J. Piutcowsifi and Michelle A. Piuttowstl
of couary of -ibeP _f~ . sum of Colorado, gnnmr, am
Beatrice B. Anders
whoa mga aeares.:. graoru: 3512 Wright Street, Wheat Ridge, CO 80033-5238
~t WITNESSETH, Thar We gn our for sort he considemrio. of air ..of One Hundred Eighty-Two Thousand it 001100
- (5382.0110.00JlIfllllA2Ydm-nce'ryramadrnie.ryof wtirtshertby ary,mwlmBCd: hz&rmada-bargunert. sold-euE-wnveYrrt, mJ by Ibese
~Yj r'aO puuoa does 8rmr, bugam, xR. eonreY sM wofum, u.m tlm 8rmae. bu heat and assi8vs (omver. all d,e real PmpeM logeWer wiN imProvcmenu.
ifmr.O.aa, trine sad sing in Weconruy orreaemaam smm orcolmado drxdxd aaWmwa:
Lot 8 and the South 5.0 Feet of Lot 7,
RIDGEVEEW ACRES, SECOND FH.ING,
County of Jefferson,
al Stale of Colorado.
W
LL
yC~~
2Q
W
~Z
a ~
askmw. by suer am numxrn: 3512 Wright Sircet, Wheat Ridge, C080033-5238
TUGETHER wild m am singular We xrcdlame.m and appm¢oarees arbors beloogi ig, or m anywise appcruining, sort or reversion and
.mods, am rcmaiotlers. mw, issues sort pmfrs Wcrcof, ova all We ern., right, ddc. inrerns, aaim snd demsud wheuoever of We
-a.mr, riser in hw or N.fty' of. W am m We shove Ea ohmsi premues, War dm henAhamcm aart mPurxomres.
TO HAVE AND TO HOLD We said pn,mxs aborr Wrgrixd am dexdxa, wild Wee ouno., nom ft ar osee. his helm rro assigns
fomver. Axi ac graawr, for himself, his heirs, am Kmord npnxnmdvrs, does.vmame, Srsa[, Wrgaln, and ague m and wild as grmmc, his
airs, sort assign, dW ar We dine of if. ease aii, inn &H,m of sue przxva, x is well xur4 of a. premises sbo,r ..,eyed. bas good, sure,
perfect, •bmlum am bNefrarible ssna of usWri¢nm, in uw. W f. shops, and hu good right, rub power am hwfol aaW.rky m Bran, bar8ain, xll
anrt roar, We sane m moms, and form as aforesaid. sad sal We same arc frcr and clear from all to., and aser grins. W,gains, ides, liens,
lazes, ssu miosit.s sad resaK4on of wha.,sr kind or assort miner, r"pr
General taxes for the year 1998 and subsequent years and subject W easements, restrictions, reservations, covenants
and rights of way of record, if any.
The grastor shat sod will WARRANT AND FOREVER DEPEND We above-WrgaNeO premius W We quip and peaceable Winision of We
gimme, bis hero and assign, soars, Wand every boo. or person lawtaltr cuinwg We whole or any pan Wcrcof. Tr: singular cumber stall
historic se plural, We Plural ft suTular, am We use of my realer shall his aPPI'nable m sit Sroders.
IN WITNESS WHEREOF, rtm ersnm, bra ex.rm but dor,i oe We dam xr tons shine.
_ Brie, J. Piarlw
Michelle A. Piutcowskf
STATE OF COLORADO
County of 7T,, ptyi-
The foregoing unbosom. wax ark. Mrdgcd before me Wh 29th day of May, 1998, by Brian J. Pinkowski and Michelle A.
Pinksymi i.
MY co rressaWV Expires: ur my hood aM.fficisl ual. l
j
T A Pu
BNO ARA E orCOL.OMDO _ Naury
MY~°nFM1IJ0ID
LI)
°F WnEgTP LAND USE CASE PROCESSING APPLICATION °E wHEgrP
0 0
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
o Rro° Phone(303)235-2845
(Please print or type all information)
~
✓ ~
EZ
7
AR
i¢jtC,
}
-
Address
7 /.y 7/ Phone ~oZo
Applicant E
City ~~a OD`d
Owner e~Lt~_ {it"S Address-3o5 ~216h7_ Phoneo23S 1;/v
City Z6~~e ~
Location of request (address) 1el6Il7 - -
Type of action requested (check one or more of the actions li
ste
d below which pertain to your request.)
❑ Change of zone or zone conditions
1
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: r- wa'4,0
7D
6iZ,l9 ZZ `XZZ
SIP d/~1GC /•S' for %o &Z
L/~E - »Aee- Y/ew.S
57U~~7J lv~P~c~ S11v& GSA fS ' 7~/l ~14"d
d vZ0 C4vJF j 777 - s LEA 09C
Fill out the following information to the best of your knowledge.
Current Zoning:
Size of Lot (acres or square footage. O x
-
Current use: !/J ~7 we
Proposed use:
Assessors Parcel Number:
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
ow r which approved of this action on his behalf.
must submit power-of-attor ttlw,t
i
Signature of Applicant Z
c
NOTARY •'t Sri ribed and sw n to met isday of , 19
}
Notary Public /
,
~
~gOFCO~~~o``Q My commission expires
I e
Date received Y-,5L-fl e" lecelrecpttao.
Case No. - -
95
Related Case No. Zoning ~.A Quarter Section Map
~V J
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
-BOARD OF AD.IUSTMENT on September 24, 1998, at 730 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-98-26: An application submitted by the City of Wheat Ridge for approval
of a variance to the 6' maximum fence height requirement to construct a 20' baseball field
backstop. Said property is located at 4900 Marshall and zoned C-1 and R-2.
2. - Case No. WA-98-27: An application by Ken Sanchez for approval of a 15' variance from
the 30' side yard setback requirement adjacent to the street for the purpose of constructing
a detached 22' x 22' shop/garage. Said property is-located at 3512 Wright Street and
zoned R- IA.
Barbara Delgadillo, Reco ing Secretary
ATTEST:
Wanda Sang, dity'Cle&
To be Published: Wheat Ridge Transcript
Date: September 4, 1998
CiBarb=\BOA\PGBHRGS\980924. wpd
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
September 1, 1998
Dear Property Owner:
~~OFWHE4T~o
1neCity of
Wheat ,m
GRidge
C,OZ O R p00
This is to inform you that Case No. WA-98-27 which is a request for approval of a 15' variance
from the 30' side yard setback requirement adjacent to the street for the purpose of constructing a
detached 22'x 22' shop/garage for the property located at 3512 Wright 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 September 24, 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.
Ct\BarbaraOOAU'UBHRGS\wa98?7"n.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
a
v
3
C
d
d
~
a
c
c
U
N
N
U
N
y
a
~
a
v
_
d
U
v
m
a
E
o
Z
m
?
of
y
v
~
c
7
~
a
m
a
y
u
v
a
N = ~
N
E o
a
O _ U
L
O R
E m o
~
m r a =
~
d
r
N
r
N
r
N
n
N
r
N
r
N
r
N
r
N
r
N
_
X U R ~
N
M
Kl
M
M
OJ
N
W
OJ
N
O
Q NR° 5
U
m
3
m
3
m
3
m
3
m
3
m
3
m
3
m
3
m
3
u
0
O
_
•
N
~
d
M
M
M
M
M
M
M
- M
N~
G
G
.O
c
M
O
M
O
M
O
M
O
U1 M
O O
C)
U O
M
O
v
M
O
U
O O
Q
R
N O
d m
O
m
L N O
C d m
N O
d m
c O
> °J
d O
'3 M
O
¢ m
O
o Q m
N c p
c
> m
v
N
a'i in0
0
3 v~0
ain0
E¢O
RN0
LO
,`aL0
o
aQ o
d
i
N
3 -o
E U
a « U
c r U
Q
R L U
Y U
C In0
O
O. In0
aLU
y
R Ol dj
N N
00 OI Qj
W yj
_ Qj
d N
M
N
N M
d
r
O
N
a
(LI N K
O d'
-R0 N
N d'
m N
U N d'
U ~j
O
_
R -O 4 "O -
N
N N
' M t0
c ~0 R
J
(L V R
N N
N Y ry
~O
N
J
O ry
N
c
N
Q NN
UN NC'
~
MN'
N
Md
MN
VN
~MN
d
O
VN
'
C N N ry d
U N
Q
Q w c _N ~
2
NNO
0.
y
cU UKiiw
E
12 El 0
zi
R
0
LO
u
W
C
Q
v
a
v
°n
in
uNi
uMi
u~i
u'oi
N
Q
p
M
~O
o
M
N
p
M
~O
o
M
N
0
M
N
0
M
Y1
o
M
N
M
~
M
N
o
Q 00
N
n
n
(
_
N
~fl
r
N
r
t0
r
r
r
Y1
r
N
r
l0
r
~
r
W O
E
m
m
m
m
m
m
m
rn
m
U
Z
Q Q W
LU
LL
N
o 3: a
a
O W
LO
is
F
U]
O
a
m
0
v
F
m ~
FO
N
U
a
O
N
E
3
z
R
0
F
D
N
C
U
W
~
a
E
u
C
a
U
N
N
d
O
y
n
~
o
D
a
d
a'
~
a
A
~
c
11
-M
1
0
~o
d
N
y
N p' O
~
N
E 0
d
L
O N
O O C
Oo
E
.
y C D =
W
N
_
K tUJ N 9
N
m
N
Q m° w
U
3
U
N
U
°
M
p O
O
¢ ¢
d
L
y
3
y
v
a
M
~ rn
y
a
m~-a
~ d
N
w
¢
Emd
~
V N C 'f6
~
L N
I- ~ U
~ ~ -6 NL~
a
N
C N N
¢
W E ry N
E
~.U U K li w
❑ ❑ ❑ ® O ❑
z
d
LCI
U_
T
w N
r
¢
0
M
C7 c
`O
0
Q 00
~w0
E
U
Z
w
w
a
o
N
O Q
a
row
F O 2
v
Una
N
N
T
O
a
E
W
K
0
d
E
m
z
O
a
O
a
ro
a
7
N
U
a
i
E
~ U
Q
a
v
T
U
N
N
0.
0
F
z
A
F