HomeMy WebLinkAboutWA-98-307500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
October 27, 1998
Mr. Curtis Krey
7110 W. 29"' Avenue
Wheat Ridge, CO 80033
RE: (OVA-98-30)
Dear Mr. Krey:
Ridge
Please be advised that at its meeting of October 22, 1998, the Board of Adjustment DENIED your
request for approval of a 4' side yard setback variance to the 5' side yard setback requirement and a 20'
front yard setback variance to the 30' front yard variance requirement to allow an 8' x 10' stora=e shed
to remain in the designated front yard.
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: WA-98-30
C d,Barbara\BOA\COItItESI'\wa9830.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 22nd day of October, 1998.
CASE NO: WA-98-30
APPLICANT'S NAME: Curtis Krey
LOCATION: 7110 West 29th Avenue
Upon a motion by Board Member ABBOTT, 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-98-30 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 detriment to the public welfare
and without substantially impairing the intent and purpose of the regulations governing the City
of Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
WA-98-30 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:
1. There would appear to be at least one alternative location which could be viable for
continued use of the current bicycle trailer storage.
2. The current shed structure encroaches upon the site triangle of both driveways thereby
creating a safety issue.
3. The shed was constructed without a permit.
Board of Adjustment Resolution
Case No. WA-98-30
Page two (2)
VOTE: YES: ABBOTT, ECHELMEYER, HOVLAND, HOWARD,
JUNKER, MAURO, WALKER
NO:
ABSENT: THIESSEN
DISPOSITION: A variance from the five-foot side yard and 30-foot front yard setback
requirements for a storage shed was DENIED.
ADOPTED and made effective this 22nd of October, 1998.
' VNDA MAUROXhair
/Board of Adjustment
Ann Lazzeri Secreta
Board of Adjustment
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. NVA 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 ,vas jurisdiction for the Board to hear the case. He
stated staff's recommendation for approval of the application.
Board Member HOVLAND expressed concern about the site triangle for the neighbor's
drivewav 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 A13BOTT
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.
Boird of Adjusnnent Pale 6
October 22. 1998
Curtis Krev
7110 Nest 29th Avenue
Mr. Krey was sworn in by Chair MAURO. He explained that he needed the shed to store his
bicycle trailer. He stated that he has rheumatoid arthritis and rides his bicycle for exercise as
prescribed by his doctor.
Board Member ECHELMEYER asked Mr. Krey if he could use a bike rack attached to the
back of his vehicle. Mr. Krey replied that, due to his arthritis, it was nearly impossible for
him to negotiate a bike rack.
Board Member WALKER suggested the possibility of storing the bicycle trailer on the side
of the house. Mr. Krey replied that, in addition to security concerns, there would be no room
to drive the car to this location and attach the trailer.
Mr. Krey replied that he would agree to remove the shed when he is no longer able to ride
his bicycle. Board Member ABBOTT again suggested the possibility of issuing a TUP
which would be renewed every year. Mr. McCartney replied that if the present request were
to be denied. the applicant could make a new request for a TUP with variances.
Board Member ABBOTT asked the applicant if he could make some sort of drivewav to
allow parking of the trailer on the side of the house. Mr. Krey replied that this would
present him from getting to the back yard. Mr. Krey also commented that he should have
contacted the City regarding placement of the shed even though the shed contractor assured
him that the location of the shed complied with all of the City of Wheat Ridge regulations.
Board Member ECHELMEYER expressed concern that the shed is an eyesore to the
community and Iclt the applicant should make sonic adjustments such as using a bicycle
rack. Mr. Krcy replied that, because of his arthritis as well as his wife's arthritis, a bike rack
is Unmanageable for him and the trailer works extremely well for his purpose.
Board Member HOWARD suggested moving the shed to abut the front of the house. Mr.
Krey felt that this would present an eyesore to his house.
Upon a motion by Board Member ABBOTT and second by Board Member
ECI-IELMEYER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas. Board of Adjustment Application Case No. WA-93-30 is an appeal to this Board
from the decision ofan administrative officer; and
Whereas, the property has been posted the fifteen days required by law and there were no
protests registered against it; and
Board orAdjusuneot Page
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:
1. There would appear to be at least one alternative location which could be viable for
continued use of the current bicvcle trailer storage.
2. The current shed structure encroaches upon the site triangle of both driveways
thereby creating a safety issue.
3. 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 13USINESS
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 Adusunent Page 8
October 22, 1998
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.
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TO: Board of Adjustment
DATE OF MEETING:
CASE NO. & NAME
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
October 22, 1998
WA-98-30/ Krey
DATE PREPARED: October 7, 1998
CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of a 4' side yard setback variance to the 5' side yard setback
requirement and a 20' front yard setback variance to the 30' front yard setback
requirement to allow an 8'X 10' storage shed to remain the designated front
yard.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT:
NAME & ADDRESS OF OWNER:
7110 West 29" Avenue
Curtis Krey
7110 West 29" Avenue
Wheat Ridge, CO 80215
Same
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
12,500 square feet
Residential-Two
Two-Family Residence (duplex)
N:, E: W: and S: Residential-Two
N:, E:, and S: Single-family, and W: Two-Family
October 2, 1998
October 8, 1998
October 2, 1998
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
O SUBDIVISION REGULATIONS
O OTHER
(X) CASE FILE & PACKET MATERIAL
SLIDES
(X) EXHIBITS
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.
~_l
I. REQUEST
The applicant is requesting approval of a 4' sideNard setback variance to the 5' side yard setback
requirement and a 20' front yard setback variance to the 30' front yard setback requirement to allow an 8'
X 10' storage shed to remain on the property. If the request is approved, the storage shed will remain 10'
from the front lot line and 1' from the west lot line.
The plight of the owner began when the shed he had purchased was constructed without a valid building
permit. The shed contractor had told the applicant that he did not need a building permit for the
construction of the shed, and placed the shed in the existing location based on the applicant's need for
the structure. The shed contractor never contacted the Planning and Development Department to ask for
specific setback requirements.
The applicant currently has rheumatoid arthritis and has been a patient in the rheumatology clinic for a
number of years. The applicant's doctor submitted a letter (see attached) that explains that the applicant
has severe ankle pain and manages his arthritis through medications and an exercise program that
involves riding a bicycle. The applicant wanted to construct the shed to allow for the parking of his bike
trailer, that allows for easy storage and hook up onto his vehicle.
Pursuant to Section 26-14 (F) of the Wheat Ridge Code of Laws, detached storage sheds built in the
Residential-Two zone district are required to maintain a 30' front yard setback and 5' side yard setback
measured from property line.
To date, staff has not received any objection to the request.
II SITE PLAN
The property in question is a rectangular property located in a relatively flat section of Wheat Ridge.
The property abuts West 29"' Avenue (on the north side of the property) and is considered an interior lot
(no other right-of-way abuts the side or rear lot lines).
Currently there is atwo-family (duplex. asidential structure located approximately 30' from the front
property line. There is an existing Ew ''~~ar attached garage for each unit. The existing shed is located on
a concrete pad that existed as parking, prior to the placement of the storage shed. Due to the existing
location of the residential structure, there isn't enough room to allow for the vehicular access to the rear
of the property.
III VARIANCE CRITERIA
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 residential
Board of Adjustment
WA-98-30/Krey
Page 2
6.
occupation. However, due to the applicant's pre-existing medical condition and the need for the
bicycle trailer, the applicant does not have any developmental alternative that would allow for
the placement of the storage shed to comply with the established setback requirements AND
allow a vehicle to access the shed.
2. Is the plight of the owner due to unique circumstances?
Yes. The unique circumstances are attributed to the applicant's pre-existing medical condition
and his need for storage of a bicycle trailer.
3. If the variation were granted, would it alter the essential character of the locality?
Yes. Even though the applicant has shown a medical need for the storage shed, there aren't any
other structures located closer than 25' to the front property line within the immediate
neighborhood.
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. The physical surrounding, shape or topographical condition of the property does not create
an undue hardship. However, a physical hardship is created by the current location of the
residential structure (30' setback from West 29th Avenue) and the fact that there isn't any side
yard space to allow for a vehicle to access a storage shed located in the rear yard.
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 storage space to allow for the storage
of a bicycle trailer that the applicant uses for medically prescribed exercise.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No. The alleged difficulty was created by the shed contractor who told the applicant that he did
not need a building permit for the storage shed.
8. Would the granting of the variation be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
Board of Adjustment
WA-98-30/Krey
Page 3
C_3
No. Even though the shed is located within the required site-distance-triangle that is established
for visibility of on-coming traffic from a private driveway, the existing driveway is large enough
to allow vehicles to access West 29 b Avenue without having to back into on-coming traffic.
Because of this, approval of this request should not be detrimental to the public's 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 existing storage shed is located away from any other habitable structure, approval
of this request should not impair the adequate supply of light and air to adjacent property or
increase the danger of fire. Also, the existing driveway has enough paved surface to allow for a
vehicle to access West 29"' Avenue without having to back into traffic. Therefore, approval of
the existing storage shed within the established 15'X 15' site-distance-triangle 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?
Approval of this request would result in the reasonable accommodation of a person with a
disability. As previously stated, the applicant suffers from rheumatoid arthritis and is required to
bike ride for medicinal purposes.
IV. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that the request for the setback variances is based on the applicant's existing medical
condition that restricts him from too much foot travel. The applicant has placed the storage shed to
allow for him to back his vehicle up to the shed, and hook his bicycle trailer to the car. A submitted
physicians letter explains that the applicant is required to do bicycle riding, as well as other activities, for
medicinal purposes. Through further review of the existing property, staff found that the front yard is
the only location for this type of structure. Because of this and the criteria established in the facts of
findings, staff recommends APPROVAL for Case No. WA-98-30.
Board of Adjustment
WA-98-30/Krey
Page
0_q
V. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-98-30, a request for approval of a 4' side yard setback variance to the 5',
side yard setback requirement and a 20' front yard setback variance to the 30' front yard setback requirement to
allow an 8' X 10' storage shed to remain within the designated front yard of a property zoned Residential-Two
and located at 7110 West 29`r Avenue, be APPROVED for the following reasons:
1. The applicant has an existing medical condition that prohibits extensive walking and the need of
bicycle exercise for medicinal purposes..
2. Further review of the site shows that the front yard is the only location on the property that
would allow for a vehicle to back-up to a storage shed and hook up a bicycle trailer."
Option B: "I move that Case No. WA-98-30, a request for approval of a 4' side yard setback variance to the 5'
side yard setback requirement and a 20' front yard setback variance to the 30' front yard setback requirement to
allow an 8' X 10' storage shed to remain within the designated front yard of a property zoned Residential-Two
and located at 7110 West 29' Avenue, be DENIED for the following reasons:
2.
3."
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aF""WHEarP LAND USE CASE PROCESSING APPLICATION of wHEATP
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Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
°OtoR,~oo Phone(303)235-2846 ootoRno°
Please print or type all in ormatio) ~b3 q /
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Applicant
City 8
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Add
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Owner
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 ❑A
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 fgotage):
Current use:WO "M
osed use: Sowult %
Pro
p
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-atto ney fr m th wner-wWiich approved of this action on his behalf.
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Signature of Applican -
Subscrv, d and sworn to me this zy}day ofd , 19 98
Q C-71-2 a-Z~
Notary Public
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My commission expires
Date received 0►ftl L°I8 Receipt No. CpoG 2ZS Case No.
Related Case No. Zoning g~y Quarter Section Map S6 Z Lo
~77/0
h-r- L11- sC't
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:
1. 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.
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-lA.
LCase 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.
Barbara Del-adillo, ecording Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript.
Date: October 2, 1998
C:\Barbara\BOA\PUBHRGS\98I022pn wpd
7500 WEST 29TH AVENUE
October 2, 1998
Dear Property Owner:
WHEAT RIDGE, COLORADO 80215
raeCity of 4~,
Wheat GRidge
This is to inform you that Case No. WA-98-30 which is a request for approval of a variance from
the 5' side yard and 30' front yard setback requirements for the purpose of a storage shed on
property located at 7110 W. 29"' Avenue, 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 \Barbara\BOA\PUBHRGS\wa9830cert. wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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