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Home My WebLink AboutWA-98-297500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Telephone 303/ 237-6944 FAX 303/234-5924 December 16, 1998 Mr. & Mrs. Goddard 3885 Depew Wheat Ridge, CO 80033 RE: (WA-98-29) Dear Jim and Meda: Wheat Ridge Please be advised that at its meeting of December 16, 1998, the Board of Adjustment DENIED your request for a 1,440 square foot variance from the 1,000 square foot lot coverage requirement and a 24- foot setback variance from the 30' front yard setback requirement for the purpose of adding a second structure of 1,440 square feet at 3885 Depew. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting (December 10, 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 303/235-2846 if you have any questions. Sincerely, &Jzv/ v Barbara Delgadillo Planning and Development Secretary /bd Attachment cc: WA-98-29 C 1Barbua\BOA\CORRES P\wa9829.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 10th day of December, 1998. CASE NO: WA-98-29 APPLICANT'S NAME: Jim and Meda Goddard LOCATION: 3885 Depew 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-98-29 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 four 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-98-29 be, and hereby is, DENIED. TYPE OF VARIANCE: A request for approval of a variance from the 1,000 square foot lot coverage requirement and a 24' front yard setback variance to the 30' front yard setback requirement for the purpose of adding another 1,440 square foot detached garage. Said property is located at 3885 Depew Street and zoned R-lA. FOR THE FOLLOWING REASONS: Even though the proposed location is in the back yard out of the view of passing motorists, the existence of the structure would be considered to be out of character with the neighborhood. There are no other properties in the immediate vicinity which exceed the maximum building coverage requirement for detached garages. Board of Adjustment Resolution Case No. WA-98-29 Page two (2) 2. If the request is denied, the applicant may continue to use this property for single family occupation. Even though the property is considered odd in shape, the request of the variance is to increase the maximum building coverage to allow for additional garage space. The individual hardship created by the applicant does not have anything to do with the shape of the property. 4. The city will require that the two lots be consolidated before issuing a building permit; therefore, it can no longer properly be considered as two building lots. 5. The city received four calls requesting denial, including two from previous signators of the petition for variance submitted to the Board. VOTE: YES: ABBOTT, HOWARD, MAURO and THIESSEN NO: WALKER ABSENT: ECHELMEYER, HOVLAND JUNKER DISPOSITION: A variance from the 1,000 square foot lot coverage requirement and a 24' front yard setback variance to the 30' front yard setback requirement for the purpose of adding another 1,440 square foot detached garage was DENIED. ADOPTED and made effective this 10th day of December, 1998. DA MAURO, Chair Board of Adjustment Ann Lazzeri, Secretary d Board of Adjustment 5. PUBLIC HEARING A. Case No. WA-98-29: (Continued from October 22, 1998) Application by Jim and Meda Goddard for approval of a variance from the 1,000 square foot lot coverage requirement and a 24' front yard setback variance to the 30' front yard setback requirement for the purpose of adding another 1,440 square foot detached garage. Said property is located at 3885 Depew Street and zoned R-1A. 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 which were accepted by Chair MAURO. He advised that there was jurisdiction for the Board to hear the case. He stated that four phone calls had been received by the City staff from neighboring property owners who were in opposition to the variance. He explained that two of these individuals had previously signed a petition circulated by the applicant indicating they were in favor of the variance, but had since changed their minds and wished to remain anonymous. Mr. McCartney reviewed the ten criteria used in evaluating variance requests and stated that staff recommended denial on the basis of the information contained in the staff report. Board Member THIESSEN asked if she would be permitted to vote on this matter since she was absent when the case was initially presented. Mr. McCartney replied that the entire case would be heard again at this meeting and she could therefore vote on the application. Board Member HOWARD asked if another residence could be built on the subject parcel. Mr. McCartney replied that there is no stand-alone access which would allow for a residence to be built, and that the lot is essentially land locked. Board Member HOWARD asked if a variance would be needed for a 1,000 square foot structure. Mr. McCartney replied a variance would be necessary because the applicant had used the maximum allowable detached garage space on the property. In response to a question from Board Member ABBOTT, Mr. McCartney replied that the applicant had consolidated his two lots into one. Jim Goddard 3885 Depew Street Mr. Goddard was sworn in by Chair MAURO. He explained that the existing garage was originally built on a lot that is a third the size of what he has now and it was within code. He stated that he had called the City to find out the allowable coverage on a lot was, he was told it was 30%. With the additional square footage of the additional land, he assumed he wouldn't have any problem and purchased the building. He also stated that when they Board of Adjustment Pave 2 12/10/98 acquired the additional lot, he didn't realize that it would become a part of the original lot because the house lot is in one subdivision and the additional lot is another subdivision. Board Member ABBOTT stated that he felt it was pivotal to this case as to whether or not the lots had been consolidated. Mr. McCartney replied that even if the lots were not already consolidated, the City would require consolidation before a structure could be built because stand-alone structures are not allowed on individual lots. In the R-IA zone district, the primary use is single family residential and there cannot be a stand-alone structure, such as a garage, on a lot. Board member ABBOTT stated that, while he could rationalize the size of the building, he was concerned with the size of the setback. He asked the applicant if his reason for wanting to shift the location of the building was in order to align with his present driveway as well as the neighbor's driveway to the north. The applicant replied that he also didn't want to place the building in the middle of the lot which would preclude using the remaining area for garden and fruit trees. He stated that he did not realize that the east property line was actually the frontage of the property. Board Member ABBOTT advised the applicant that it is necessary for the Board to establish a hardship in order to grant a variance. Board Member WALKER asked if the applicant sold the lot back to the neighbor on the north, could the neighbor legally put the same building on it. Mr. McCartney replied that the setback would remain the same, but the square footage would depend on existing structures.on the lot. Board Member ABBOTT asked if the four people who called were in opposition to the lot coverage, the setback, or both. Mr. McCartney replied that it was his understanding they were concerned about the impact a structure this size would have on the neighborhood. Meda Goddard 3885 Depew Ms. Goddard was sworn in by Chair MAURO. She stated that the property to the north of them is soon to become a rental and expressed concern about the future status of the property which has no back yard. She stated that parallel to their building was a garage which was not according to code. She also advised the Board that they receive a separate property tax billing for the subject lot. Board Member THIESSEN stated that she was inclined to vote for denial because of the neighbors' opposition, the size of the variance being requested, and the absence of hardship. Board of Adjustment Page 3 12/10/98 Board Member WALKER stated that he found it difficult to accept that this is a flag lot because he thought flag lots applied to residential lots and this is merely an extension of the back yard in an L-shape from the applicant's primary lot. 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-98-29 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 four 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- 29 be, and hereby is, denied. Type of Variance: A variance from the 1,000 square foot lot coverage requirement and a 24' front yard setback variance to the 30' front yard setback requirement for the purpose of - adding another 1,440 square foot detached garage. Said property is located at 3885 Depew Street and zoned R- IA. For the Following Reasons: Even though the proposed location is in the back yard out of the view of passing motorists, the existence of the structure would be considered to be out of character with the neighborhood. There are no other properties in the immediate vicinity which exceed the maximum building coverage requirement for detached garages. 2. If the request is denied, the applicant may continue to use this property for single family occupation. Even though the property is considered odd in shape, the request of the variance is to increase the maximum building coverage to allow for additional garage space. The individual hardship created by the applicant does not have anything to do with the shape of the property. 4. The City will require that the two lots be consolidated before issuing a building permit; therefore, it can no longer properly be considered as two building lots. Board of Adjustment Page 4 12/10/98 The City received four calls requesting denial; including two from previous signers of the petition for variance submitted to the Board. The motion for denial passed by a vote of 4-1 with Board Member WALKER voting no and Board Members ECHELMEYER, HOVLAND and JUNKER absent. Chair MAURO advised the applicants that their request had been denied. B. Case No. TUP-98-08: An application by Chesrown Automotive Group, Inc., for approval of a one-year extension of their existing temporary use permit for an employee and customer parking lot on the south side of the Chesrown Friendly Ford dealership. Said property is located at 3601 Wadsworth Boulevard and zoned PCD. This case was presented by Alan White. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record, which were accepted by Chair MAURO, and advised that there was jurisdiction for the Board to hear the case. He reviewed the criteria used in evaluating temporary use permits. In conclusion, he stated that the criteria for approval of a temporary use permit had been met, the applicant had complied with the conditions established in the resolution of the original temporary use permit and had met all conditions required by the stipulation agreement. Therefore, staff recommended approval of the request. Board Member THIESSEN asked if the issue with wells in the area was one of the reasons . Planning Commission denied the outline development plan and preliminary and final development plan. Mr. White replied that the water issue was not one of the reasons for the denial. Board Member WALKER suggested that drainage systems which have been installed over the years, along with a dry year last year, could have more impact on the wells than the presence of the wetlands area on the subject property. Mr. White replied that the consultant had concluded that the presence of the stone sewer installed by the City did have some effect because it was lower than the ground water level in that area and, because of that, some of the water was seeping into the joints of the pipe. He stated that the seepage problem no longer exists because the joints of the pipe had been sealed. He also stated that the preliminary report from the applicant's consultant disputed the conclusion of the City's consultant because test bores revealed that three to five feet below the surface is a layer of clay which would prevent water from seeping into the wells east of Wadsworth. Board Member WALKER commented that drainage from hundreds of vehicles in the area would probably pollute the wells. Board of Adjustment Page 5 12/10/98 PUBLIC FORUM ROSTER THIS IS THE TIME FOR ANYONE TO SPEAK ON ANY SUBJECT NOT APPEARING UNDER THE PUBLIC HEARING SECTION OF THE AGENDA. Please print name, address and phone number. ~+J~ - Tt✓YJ w 912~~~ L c~~A-~f-~ !/A,~t~.uC_G veo I4 1,000 SF io r Op t k-C- -(rte )1,44-77- ~~D~ (~;7 ODDb{2 D WA-98-29 Calls Received AGAINST Proposal: 1. 3895 Depew (wants to remain anonymous). Signed petition in favor, but was not made fully aware of what Goddard was going to put on the property. Mr. & Mrs. Zanol. 3. Don Mollen. .32676- ~ e'O e C'+ 4. 384/0 jt-. S4-- CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: December 10, 1998 DATE PREPARED: December 2, 1998 WA-98-29/Goddard CASE MANAGER: Sean McCartney Request for approval of a 1,440 square foot maximum building coverage variance to the 1,000 square foot maximum building coverage requirement and a 24' front yard setback variance to the 30' front yard setback requirement. LOCATION OF REQUEST: 3885 Depew Street NAME & ADDRESS OF APPLICANT(S): Jim and Meda Goddard 3885 Depew Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Same 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 0 SUBDIVISION REGULATIONS Q OTHER 20,694 square feet Residential-One A Single-Family Residence N: E: W: and S: Residential-One A N: E: W: and S: Single-family November 20, 1998 November 25, 1998 November 16, 1998 (X) CASE FILE & PACKET MATERIALS Q 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. P I. REQUEST The applicant is requesting approval of a 1,440 square foot maximum building coverage variance to the 1,000 square foot maximum building coverage requirement and a 24' front yard setback variance to the 30' front yard setback request to allow the construction of a second detached garage. If approved, the proposed 1,440 square foot garage will be located to the north of the existing 1,100 square foot detached garage and 6' from the eastern property line. The applicant is proposing this additional garage space to allow for the storage of a recreational vehicle and to allow his aged neighbor to park his vehicle within an enclosed parking space. The applicant explained that he is hoping to provide this additional garage so that he can allow for his property to remain free of outside storage. There is an existing gate on the north side of the property that the adjacent owner used to access his garden (he once owned the property in question). Because of the gate, the applicant has offered his neighbor enclosed parking space within the proposed structure so that his vehicle could be protected from the elements. Staff has informed the applicant that proposing an access onto his neighbor's property is risky without a recorded easement in that if the property is ever sold, the next owner may not allow for the access onto the property. Therefore, staff recommends that if the request is approved, access should also be provided on the south side of the structure and that an additional driveway be extended to the existing driveway. Pursuant to Section 26-11 (F) of the Wheat Ridge Code of Laws, the maximum building coverage for a detached garage in the Residential-One A zone district is 1,000 square feet. The applicant currently has an 1,176 square foot detached garage that was approved by building permit. Therefore, any additional detached garage space requires approval of a variance. Upon further review of the attached site plan, it was found that the proposed garage will be located 10' from the northern property line (side) and six feet from the eastern property line (front). Pursuant to Section 26-5 (a) of the Wheat Ridge Code of Laws, any property line which is parallel to the nearest street and which access is obtained shall be deemed a front lot line. Therefore, pursuant to Section 26-11 (F) of the Wheat Ridge Code of Laws, any structure built in the Residential-One A zone district must maintain a 30' setback from the lot line. II. CASE HISTORY The property in question is located on the west side of Depew Street, north of West 38`h Avenue. The entire property is an odd shaped lot measuring 20,694 square feet and providing plenty of development opportunity. As previously stated, there currently is an existing 1,176 square foot detached garage that has a concrete driveway extending from Depew Street to the garage door. The applicant parks his recreation vehicle on this surface to the southeast of the existing detached garage. If the request is approved, the applicant will be required to provide an asphalt or concrete driveway to connect with the existing driveway. Board of Adjustment WA-98-29/Goddard Page 2 A-6_~, III. VARIANCE CRITE"TA Staff has the following comments regarding the criteria used to evaluate a variance request: 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 the request is denied, the applicant may continue to use his property for single-family occupation. 2. Is the plight of the owner due to unique circumstances? No. There are no unique circumstances attributed to this case. 3. If the variation were granted, would it alter the essential character of the locality? Yes. Even though the proposed location is in the back yard, out of view of passing motorists, the existence of the structure would be considered out of character for the neighborhood. There are no other properties in the immediate vicinity which exceed the maximum building coverage requirement for detached garages. 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 considered odd in shape, the request of the variance is to increase the maximum building coverage to allow for additional garage space. The individual hardship created by the applicant does not have anything to do with the shape 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 purpose of the variance is to allow for additional parking space and a work shop. Board of Adjustment WA-98-29/Goddard Page 3 ~ -3 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 owner 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? No. Approval of this request will not be detrimental to the public's welfare in that the proposed detached garage will be located in the back yard of the property in question, approximately 80' from the nearest right-of-way. Also, because the property will have to comply with the required setbacks established in the Residential-One A zone district, approval of this request should not be injurious to other property improvements in the neighborhood. 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 detached garage will be required to comply with all of the setback requirements established in the specific zone district, approval of this request should not impair the adequate supply of light and air nor increase the danger of fire for the adjacent properties. Also, because the applicant intends on connecting the proposed driveway to the existing driveway, there should not be an increase in 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 an additional 1,440 square foot detached garage could alter the essential character of the locality. Although the property is 20,694 square feet in lot area and there is plenty of space to develop on this property or to locate another structure, this property is located in a residential zone district where a typical property would have a primary resident and one detached garage. Two thousand six hundred sixteen (2,616) square feet of detached garage space is uncharacteristic for a single-family neighborhood. Because of this and the criteria established in the findings of fact, staff recommends DENIAL for Case No. WA-98-29. Board of Adjustment WA-98-29/Goddard Page 4 A_~ VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WA-98-29, a request for approval of a 1,440 square foot maximum building coverage variance to the 1,000 square foot maximum building coverage requirement and a 24' front yard setback variance to the 30' front yard setback requirement for property zoned Residential-One A and located at 3885 Depew Street, be DENIED for the following reasons: 1. There is already an existing 1,176 square foot detached garage located on the property. 2. Approval of this request could alter the essential character of the locality." Option 13: "I move that Case No. WA-98-29, a request for approval of a 1,440 square foot maximum building coverage variance to the 1,000 square foot maximum building coverage requirement and a 24' front yard setback variance to the 30' front yard setback requirement for property zoned Residential-One A and located at 3885 Depew Street, be APPROVED for the following reasons: 1. 2." With the following condition: Access be provided on the south side of the structure and that an additional driveway be extended to the existing driveway. C:Tab=\BOA\WA9829.wpd Board of Adjustment WA-98-29/Goddard Page 5 A-,~_ w w z w D OFFICIAL ZONING MAP N-fEAT RIDGE COLORADO ZONE D15TRICT 50UN0RY PARCEL&OT 50UNDRY (DESIGNATES OWNERSHIP) = -CITY LIMIT LINE DENOTES MULTIPLE ADDRESSES SF 2-- s- o~ o eo ee xo sao .ao SCALE I'-100 MAP ADOPTED: June 15, 1994 -Last Revision: December 22, 1994 DEPARTM4T OF PLAWN6 AND D&EIAP eR - 85-22 SEPTEMBER 10, 1998 PLANNING AND DEVELOPMENT DEPARTMENT 7500 WEST 29TH AVE WHEATRIDGE, CO 80033 TO WHOM IT MAY CONCERN: I AM REQUESTING A VARIANCE TO BUILD A GARAGE FOR VEHICLE AND MISCELLANEOUS STORAGE ON OUR LANDLOCKED VACANT LOT WHICH HAS NO PURPOSE AT THIS TIME BUT TO GROW WEEDS. IN TALKING TO NEIGHBORS THAT ARE DIRECTLY CONNECTED TO THE LOT, NONE HAVE ANY OBJECTIONS TO THIS BUILDING. BECAUSE OF MY EARLIER TELEPHONE CONVERSATION WITH THE CITY BUILDING DEPARTMENT IN WHICH I WAS ASSURED THE BUILDING COULD COVER UP TO 30% OF I HE LOT, THE BUILDING HAS BEEN PURCHASED AND IS ON THE LOT READY TO 6E ASSEMBLED I WOULD GREATLY APPRECIATE A QUICK RESPONSE CORDIALLY, JIMMIED. GODDARD 3885 DEPEW WHEATRIDGE, CO 80212 303-467-3885 14 J~ I APPROVE THE CONSTRUCTION OF A GARAGE ON JIM AND MEDA GODDL VACANT LOT TO BE USED FOR VEHICLE STORAGE AND MISCELLANEOUS USE- HOMEOWNER ADDRESS DATE L5S 17~~ ~J S% 7~Z1 '~9To-<> O 9 /i- 9u 40 17 c'At 9-IZ 9v 7-1A:ZF)__ Qk ~ o A-9~ N ~ G 1 0 w O w❑ - W W bo ix NO J r co VO O su z ; _W¢ W a W > r ¢ cz t w W p N~ U J w O f r z r w Y W U 4 ¢ w > W p n z If ~ r ~D ¢ Ld O ¢ T W W a~ Z j Q { I7 N - W z w W ¢ U O N w W J W O W 0 N a r ¢ y U W W i c7 r a. 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S K W 2 W ¢ H u Q O ( z O w W G 4 J W Nw ¢ m f < `4 2 U CO I 0 c > z = W m_ r ` t R3Ni1 3NOHd (]NV a3MOd OY3Ha3AO W ¢ O W r z IL z W ¢ (a i ¢ O W U z o .z d o a o~ V i z J s r ¢ W m ¢ W 2 ~ O (4 ~L S~~~J' When a tornado passed through the town of Galliano, Louisiana many houses were destroyed and reduced to rubble. Chris Martin, who lived in the area, was one of the lucky ones because he owns an American Steel Span building. "While the building was under construction, a tornado passed a few feet from it, i was amazed that the building sustained no damage." Chris Martin - Galliano, Louisiana " Free standing construction allows complete use of all floor space. This is an excellent building. My only regret is that I didn't get it sooner." Wayne Hartzog - Fort Pierce, Florida "Other than the fact that American Steel Span buildings provide the perfect storage space, I like its looks. It has the strength and durability of any building I have ever owned, if not more, yet it has a clean and simple look." Barte Finch - Caraway, Arkansas / -ID m m ui m Q a CU a o°,0 1 N 0,0 L7 2 O Q Q 0 O J O } I_ mM m r°) ~Z O m ir w iw ^ w ZI 0 ww c C; cc ZO U O W C~ N a W c. W in U ru fY O II rLr-_7, rJ V j T W J ~ J In 't} O "I 3 N W N -D[L w = Q u W LO Z O J ^ u 3 'r a CO 0 T U CLI <.1 x F- Q W 3 `o N Q W cla N O O v y m IN O N w co O ~ z 0 N W N w N W co 2:: Lo -C CO K Q 0 0 ~F-U O O N ~ U CD ~ 3 w G •w C'7 "n W 3 CL IaJ C7 w ` LL C] `wos o ' G Cl- O c0 W u LO C S CO w C 7m3 u 00 x o m 3 0 U 3 0 3 W S 3 CD C, LLI `o w ; ~ C 7 aJ Y Oo `u c x I u ~ I c0 p w I w 00 W I G w D 1 a o Z 1 ~ Q 1 ~ ~ q I u ~ 1 U y 'a w t 3 w 1 y = - 3 CY 1 - a c x I d 2 - 1 w - I u G - G 4 1 ~ cD a ~ I u u 1 - 7 n I ^ - u U 7 OC) f 1 ~ 1 ~ U 'V O 1 U U _ - tr 1 3 o C I c ~ u C I 4. C U 'T 1 T m C I= T= u G I u ^ T 1 u m C I ? r c u = w G LU OQ~ m 3 uO h riZ F~'V U~ >JJ LM y ` ~ L of n ~ ~ - c~ 3 u m = D L ~ O 0 N Y Q U W O J - LI] l[-) W O 0 Y .y z x !Y I- O ~ CJ O f- ' /n IaJ O F- N N w In w g Z = a LO 2' f- n ¢ ¢ O 00 CJ ~ N Z ~ Q Y~"-x 3 U C l' F- J I- O NG1]NZ 3J3 naviNzA'iIjDO 31d1S <D LY m C _ o 0 O N z W w W 0 z O c C~ Z 4 U n n 3 0 G U U G o 0 3 U j - u o u U U U c _ _ U A U = U U `J U 7 - _n e0 u ci - ~ o U C U - U C 7 .a '1 ^yUJ ~ X - h v G ~ w _ L G U -0 j = H a j -T V ' C C ~ ~ J U C S _ ~ O ° _ u v z^-~3 > 3 n Z < = L U O 3 _ T T C Z o c- _ d 5 4.. 9 a N N G v 0 a n T C v 3 o~ CT y.n F po < d v w S w „ = ,c O 3 y U ~ u O Y ~ ~ G ;4 q , h, m mx` _ _ a F = - T- \ ~I ~I - ~I a i j io 1 > IH T I ~ z x i J • y. 0 GO v G aE. wHEa~ LAND USE CASE PROCESSING APPLICATION of WHEAT o Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 ~~ccR~`o Phone(303)235-2846 ~o~oRpoo (Please print or type all information) Applicant Jim F' M CnA Address 388. Dt~P ,A) ST Phone 467-&,985 GooDA~~ City L )e-l rA -r RI oGE ~ CZ /.1 10 ~a~f /q6I Owner \-Ji A4 € M i D,9 Address 288.5 D7 D FGV : , Phone ` - C76 OD,9 m, D City NFATR) ~C~i<, C'A 94217 /-z, w Location of request (address) Type of action requested (check one or more of the actions listed below which pertain to your request.) ❑ Change of zone or zone conditions 0 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: Fill out the following information to the best of your knowledge. Current Zoning: - / Size of Lot (acres or square footage): /M 7V 361 54, F Current use: AJ T LQ 7- EA 1,5 7-/V d S A Proposed use: - 5- D 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 must submit power-of-at r y from th w r which appr ved of this action on his behalf. Signature of Applicant Subscribed and sworn to e this //t/ a of, 19 oI Notary Public My commission expires ~-~7 add • . Date received - g Receipt No. L 0 G l 5 Case No. Related Case No. Zoning Quarter Section Map ~E WNEgl LAND USE CASE PROCESSING APPLICATION OF WHEgp ti P P p ~ o Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 pct„~ Phone(303)235-2S-1o o:pe o0 (Please print or type all information) Applicant !an nDDA,ei7 Address 38R, t~DT xu) ST Phone 7 g City Lf~~Fl4TY\'~D4 Owner Jt>t.{ M I r Q, i A ; A S• Address ~Au1 ~ Phone <;'DOP4 PLC l City Location of request (address) Type of action requested (check one or more of the actions liste d below which pertain to your request.) ❑ Change of zone or zone conditions Variance / Waiver ❑ Site development plan approval ❑ ❑ Special Use Permit ❑ Nonconforming use change Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ ❑ Minor Subdivision (5 lots or less) ❑ Lot line Adjustment Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: VO MAX. / CG p c~ GA/z Fill out the following information to the best of your knowledge. Current Zoning: -/A Size of Lot (acres or square footage): 7 sCa, T Current use: 1-14C41'47- LOT T .5 S 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 must submit power-of-att ey from the owner which approved of this action on his behalf. e Signature of Applican Subscribed and sworn to me this EVD-day of 19 9L- Notary Public My commission expires - MEMO Date received Receipt No. Case No. Related Case No. Zoning Quarter Section Map 6,1&- 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 December 10, 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: L G~No ~W3 98 29:? 1n application by Jim and Meda Goddard for approval of a variance from the 1,000 square foot lot coverage requirement for detached garages and a 24-foot setback variance from the 30' front yard setback requirement for the purpose of adding a second structure of 1,440 square feet. Said property is located at 3885 Depew Street and zoned R-1A. 2. Case No. TUP-98-08: An application by Automotive Group, Inc., for approval to extend their existing temporary use permit for employee and customer parking lot at the Chesrown Friendly Ford dealership. Said property is located at 3500 Wadsworth Boulevard and zoned C-1. Barbara Delgadillo, Reibrding Secretary ATTEST: jz~ Wanda Sang, ity Cler To be Published: Wheat Ridge Transcript Date: November 20, 1998 CMarb=\B0A\PUBHRGS\981022pnmpd r he City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge November 16, 1998 Dear Property Owner: This is to inform you that Case No. WA-98-29 a request for approval of a variance from the 1,000 square foot maximum lot coverage requirement on detached garages and for a 24 foot variance from the 30 foot front yard setback requirement for the purpose of adding a second 1,440 structure at 3885 Depew, 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 December 10, 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\PUBHRGS\wa9829letter#2.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 Al ~ a w C N p 'U E m N U E a m ~a ~ d c u ~ 0 m c z > m~ ~ m N C c I I KI K > aw °1 w = N m O U y 1 L p ~ o a c E 1 .0 m c= # m m rn m rn w rn rn ~ ~ d U ~ N oND NN aN0 W 0 NN W ~ O) ~ O ~ O O X U m m 4 m D7 m A m W m 3 m 3 m 3 m 3 m 3 m 3 m 3 m°~ 3 3 v U _ 0 N O 0. .o M G C C N N N N N O y 0 N p p ~ N _ m mN OO ` N 2 `N ~Q m ~ NN Q N N mNO Ec°D O a3aD N o3m O p a3cO y O) mw W Um O o~U W Cl of Om M A N O C7 N O 2 N O U J N O Y G 2 L O J M 0 N O a W U S U m~ a _ mO co U a A sU c rn v rZ ,p m_ W c 0 ` y N H a Q _ > m > Em > oor > mm c c o( c mLLi ° Km . _ i 'm~ c ~m c c ip w Yo d p'O d YM N ~M N OM N w LMO ~nL m m OlQ V - 3 a) mt~ v a K U N C. a) N W Q Q ~ C O a) NO U 0 u w ❑ ❑ ❑ ® ❑ ❑ m Z d U N 0 th 0 V 0 N 0 tp 0 I~ 0 W N (7 O Q o o m 0 m 0 m rn w ° ' w m OD ` v a v d' v m r n n O w E rn m m rn m m m m m H j V z' ain ° w x o LL N p 0 z a o W z 1_02 a Una a ~I 7 Co U N W v 0 h O a ro vl N O z J H ~ N b C V] N .U+ CL w z F F -i y U O d C = > dl ~ d y K a c I I KI K > ~ d ~ m o N d W C N _ a o EE ` m u ndc 0 N # W Of ~ N N N N yid - N W uND ~ W N A N x umd ` Q (j m m 3 m 3 m 3' 3 3 m w o ~ 3 u 0 O - ' o m a C G ` N N C N N O -N p N N O d N 0 N ONO - j C a O N O C N O d w ~ m 3°D > 3^o a 30 a C 0 N rn Zi, N o 3 K0 d w 00 d LL o_ O Co a 0 d o Lo N 9 d 00 rn00 m0U daU > j~U rUU Y w di 9 Q n O O O d C d N O d C ~ ll `d M C E O N d O c N N C N_ f0 -O O.~ N C Md W NMQ d 1 MO j FNO N~~ ~MQ _ mu ` O m o a N ° N N C N ` Q m N ~ c 'p~30 :C rG d O O O Kii C U ul E ❑ ❑ ❑ ® ❑ ❑ m Z d LO r W N d Q o 0 0 0 0 0 rn rn m co r r O E m rn rn rn m rn V z Q Lu O W Fn = 2 p > o N O~Q z a p W Z 2 ~ Un~i a 7I 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 October 23, 1998 Mr. & Mrs. Goddard 3885 Depew Wheat Ridge, CO 80033 RE: (WA-98-29) Dear Jim and Meda: Ridge Please be advised that at its meeting of October 22, 1998, the Board of Adjustment CONTINUED your request to their next meeting of December 10, 1998, at 7:30 p.m. in the City Council Chambers. Please feel free to contact me at 235-2846 if you have any questions. Sincerely, xs~ Barbara Delgadillo Planning and Development Secretary /bd cc: WA-98-29 C\Barbara\B0A\C0R R ESP\wa9R29,wpd Board Member HOWARD asked the reason for the condition requiring drawings to be completed by a registered architect. Board Member ABBOTT replied that, because a substantial variance was involved, he wanted to make sure that the addition would match the house and not detract from the neighbors' property values. The motion carried by a vote of 6-1, with Board Member HOVLAND voting no and Board Member THIESSEN absent. Chair MAURO informed Mr. and Mrs. Boom that their application had been approved. B. Case No. WA-98-29: An application by Jim and Meda Goddard for approval of a variance from the 1,000 square foot lot coverage requirement for detached garages for the purpose of adding a second structure of 1,440 square feet. Said property is located at 3885 Depew Street and zoned R-IA. 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 staffs recommendation for denial of the application. Board Member ABBOTT asked for clarification regarding the staff report's reference to an access easement to the north. Mr. McCartney replied that, since the applicant wished to provide access to the building for his neighbor to the north, an access easement would be necessary if the property to the north were to be sold. Board Member HOVLAND asked if there would be room for a door on the north side of the building if the applicant complies with the thirty foot setback requirement. Mr. McCartney replied that it would be difficult with a five-foot setback to the north, but the building could be moved to the south to provide more room for additional driveway space on the north. Jim Goddard 388-5 Depew Street Mr. Goddard was sworn in by Chair MAURO. He stated that he purchased the property where he plans to build the garage from his neighbor to the north (Ken Oiler). He stated that he wanted an access to the garage from the north to allow Mr. Oiler to park his van in the building daring the winter. (Mr. Oiler's garage will not accommodate the van.) He advised the Board that if Mr. Oiler should move or sell his property, the northern access would no longer be needed and he would construct a fence along the property line to the north. He stated that the building will be fifteen feet high to allow storage for his fifth wheel trailer. He further stated that he would like to locate the structure six feet from the eastern property line to allow for fruit trees and other landscaping. If the structure were located thirty feet from the property line, it would sit in the middle of the lot and place limitations on his landscaping. Board of Adjustment Page 4 October 22, 1998 Mr. Goddard advised the Board that he purchased the building (which was delivered from a company in Pennsylvania) based on information he received from an individual in the Wheat Ridge Building Department who informed him that he could construct a building up to 30% of the lot size but did not explain the 1,000 square foot requirement for detached garages. He stated that he circulated a petition along with a picture of the proposed building and drawings of its proposed location to all of his neighbors. All of the neighbors were in favor of his building as well as the location. He also stated that if he had to comply with a thirty- foot setback, thereby placing the structure in the middle of his lot, he would not erect the structure. Mr. McCartney explained that if the applicant wanted to proceed with a six-foot setback from the east property line (rather than the thirty feet required by code). it would be necessary for him to make an application for another variance to allow for reposting and republishing. Board Member'ABBOTT asked for further explanation regarding hardship. Mr. Goddard replied that he needed the storage space for his vehicles as well as some materials from his business. He also stated that the lot is presently filled with weeds and he plans to install extensive landscaping. He also stated that the neighbor to the east would not be able to view the garage from his house. Chair MAURO asked for a point of clarification regarding the applicant's request to erect the building six feet from the property line. Mr. McCartney replied that the Board could hear all testimony at this meeting and continue the case to December 10, 1998 to allow time for reposting and republishing of the additional 24-foot setback variance request. In response to a question from Board Member ECHELMEYER regarding lire code requirements. Mr. McCartney replied that he believed the separation between the proposed metal building and the brick garage would meet fire code but that he would request a fire study to be conducted before hearing the case on December 10. Ken Oller 40005 Depew Street Mr. Oller was sworn in by Chair MAURO. He stated that he owned the property to the north of the applicant and was in favor of the application. Walt Pettit 3930 Eaton Mr. Eaton was sworn in by Chair MAURO. He stated that he was in favor of the application because additional landscaping would enhance the view from his residence which is now covered with weeds. (Chair MAURO declared a brief recess at 9:05 p.m. to allow for repair of the tape recorder. The meeting was reconvened at 9:10 p.m.) Board of Adjustment October 22. 1998 Meda Goddard 3885 Depew Street Mrs. Goddard was sworn in by Chair MAURO. She commented that it was unfortunate that they had already purchased the building based upon inaccurate information received from the City of Wheat Ridge building department and now may be unable to use it. Board Member ABBOTT asked the applicant to give consideration to the aspects of uniqueness and hardship involved in his application before the case comes back to the Board on December 10. Board Member ECHELMEYER commented that he believed a hardship existed because the applicant purchased the building based upon information he received from the City. It was moved by Board Member HOVLAND and seconded by Board Member WALKER to continue Case No. WA-98-29 to December 10, 1998, based on the fact that the setback variance was not included in the original request and, therefore, must be reposted. The motion carried by a vote of 7-0, with Board Member THIESSEN absent. C. Case No. OVA-98-30 An application by Curtis Krey for approval of a variance from the 5- foot side yard and 30-foot front yard setback requirements for a storage shed. Said property is located at 71 10 West 29th Avenue and zoned R-2. 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 wasjurisdiction for the Board to hear the case. He stated staffs recommendation for approval of the application. Board Member HOVLAND expressed concern about the site triangle for the neighbor's driveway and asked if there had been any complaints regarding the obstruction of view. Mr. McCartney replied that the City had not received any complaints. Board Member ABBOTT commented that existing shrubbery also interfered with the site triangle. Board Member HOVLAND asked if it would be possible to allow a variance which could be terminated at the time of sale of the property. Mr. McCartney replied that it would be nearly impossible to enforce because the City would have no way of knowing when the property was sold. Board Member ABBOTT suggested the possibility of a Temporary Use Permit but also expressed his concern about the site triangle. Board of Ad.)LIStIllent October 22. 1998 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; and Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-98-30 be, and hereby is, DENIED. Type of Variance: Variance from the five-foot side yard and 30-foot front yard setback requirements for a storage shed. For the Following Reasons: There would appear to be at least one alternative location which could be viable for continued use of the current bicycle trailer storage. The current shed structure encroaches upon the site triangle of both driveways thereby creating a safety issue. The shed was constructed without a permit. The motion carried by a vote of 7-0 with Board Member THIESSEN absent. Chair MAURO advised the applicant that his application had been denied. Board Member JUNKER asked if the applicant now had the option to apply for a Temporary Use Permit. Mr. McCartney replied that the applicant did have the option to apply for a TUP. Board Member ABBOTT suggested that the applicant thoroughly investigate some alternatives in the meantime. Board Member ABBOTT moved and Board Member WALKER seconded that the shed can remain in place no longer than the time of the January Board of Adjustment meeting or when the temporary use permit is applied for, whichever occurs sooner. and that the City's application fee be waived if the applicant chooses to apply for a temporary use permit in time for the January meeting. The motion carried by a vote of 7-0 with Board Member THIESSEN absent. 5. CLOSE THE PUBLIC HEARING Chair MAURO declared the public hearing closed. 6. OLD BUSINESS A. Case No. WA-98-29 In response to requests for clarification concerning the continuation of Case No. WA-98-29, Mr. McCartney outlined the procedures for hearing the case on December 10, 1998. Board of Adjustment _ Page October 27, 1998 K -r- v-sC'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 October 22, 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. WA-98-28: An application submitted by Greg and Marnie Boom for approval of a 5' variance to the 30' front yard set back requirement to construct an addition 25' from the front yard property line. Said property is located at 4225 Vivian Street and zoned R-1. L-2-'_ Case No. WA-98-29: An application by Jim and Meda Goddard for. approval of a variance from the 1,000 square foot lot coverage requirement for detached garages for the purpose of adding a second structure of 1,440 square feet. Said property is located at 3885 Depew Street and zoned R-IA. Case No. WA-98-30: An application by Curtis Krey for approval of a variance from the 5' side yard and 30' front yard setback requirements for a storage shed. Said property is located at 7110 West 29" Avenue and zoned R-2. 4. Case No. TUP-98-08: An application by Automotive Group, Inc., for approval of a 6 month extension of their existing temporary use permit for employee and customer parking lot at the Chesrown Friendly Ford dealership. Said property is located at 3500 Wadsworth Boulevard and zoned C-1. C~~ Lio Barbara Delgadillo, ecording Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: October 2, 1998 C9Bafblra\BOATUBHRGS\98102 2p,. pd the City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 September 28, 1998 Dear Property Owner: Wheat 9Ridge This is to inform you that Case No. WA-98-29 which is a request for approval of a variance from the 1,000 square foot maximum lot coverage requirement on detached garages for the purpose of adding a second 1,440 structure 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 October 22, 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 A13arbaraVB0AA11UBI-11WS\wa9829cenwpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 d N 7 a N ~ C N_ 9 v U C y y~ F v u m ~ a w a u v u v m o ~ ~ o m ~ Z m wt o ~ v K o c hE P a c o m o N N y N w - ~ - . 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IZ XOO1E ~1O 3NI l 1SY3 1 . 2 1- Z U - x Z f. w Q X ( i _ - 4 N m W W h/ R o O 2 >1 " v J N UJ ~ Z s 2 o m Q W M ~i ~ I~• I j o ui 2 a O LL 4 m \ L Q IL 1- m 2lVp321 07ddV0 Shl °3NII 3NOH4 ONV tl3MOd OV3Hb3AO W ¢ it ~ m m F < 3 G v > m Z ~ Z 4 m W 0 W f: O O F 2 O T < p m w 3 W f 2 4 U W < O m C Q li yl W w CD a m It r ¢ 41 Z W > O 4 W N W ! F < UJ I W m g _ < U co 2 = m 4 O ~ U ~ U < J K O O W F- Z 4 Z W C O mti W U Z O ,2 40 !L n „ I i I I~ I i I f I j I ~I ri lI I CITY OF WHEAT RIDGE n9I21`9 200 Fri cd6 ?imra.le Goddard RECEIPT NOsC00r '5 A10UNT F115 D =ONIIN.G APPLICATION F 50.00 FH D ZONING REIrIHUR`-EMENT 50.00 'A KENT RECEIVED AMOUNT C.; 11x5 110.00 TOTAL 11G,~~G