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HomeMy WebLinkAboutMS-02-017500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 June 18, 2002 Albert Holland 13633 W. 78"' Arvada, CO 80005 Dear Mr. Holland: Please be advised that at its meeting of June 10, 2002, City Council APPROVED your request for a two-lot minor subdivision on Residential zoned land at 3114 Teller Street for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been exceeded 2. All requirements of the City's Subdivision Regulations have been met. With the following conditions 1. A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2. 2. Escrow is required in lieu of construction for public improvements along Saulsbury and Teller Streets. However, City Council DENIED your request for a 6-foot lot width variance from the 100-foot minimum lot width requirement to allow for a two-family dwelling for the following reasons: 1. The property may be developed with a single-family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a two-family dwelling instead of a single-family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. A recordable blackline photographic mylar must be submitted within 60 days of final action for recording of the plat with Jefferson County. Enclosed is a draft copy of the minutes stating the Council's decision. Please feel free to contact me at 303- 235-2846 if you have any questions. Sincerely, CITY OF WHEAT R~IDDGEE~ Kathy Planning Secretary Enclosure: Draft Copy of Minutes DRAFT CITY COUNCIL MINUTES: June 10, 2002 Page - 2 - Motion by Mr. DiTullio for the approval of Council Bill 15-2002 (Ordinance 1251) , Case No. ZOA-02-03, and that it take effect immediately upon adoption; seconded by Mr. Schneider; carried 8-0. Item 2. Application by Albert Holland for approval of a 2-lot minor subdivision plat with dedication and a lot width variance for the purpose of building a two- family structure on property located at 3114 Teller Street, zoned Residential- Two (R-2). (Case No. MS-02-01) Item 2 was introduced by Mr. DiTullio; summary and background was read by the Clerk. Albert Holland, applicant, was sworn in by the Mayor and asked for approval of his application. He explained that his lot frontage is 5 ft less than the 100 ft requirement, which is why he is asking for-the variance. Mary Austin, Planner for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report and entered exhibits into the record. The following speakers were sworn in by the Mayor and spoke in opposition to the variance: Nancy Cupples, 3130 Teller Street Belle Haley, 3140 Teller Street Tracy Rubey, 3075 Saulsbury Street Eileen Wiseman, 3135 Saulsbury Street, did not receive notice of the hearings. . Sharon Heinien, 3145 Saulsbury Street, concerned about the trash on the empty lot. Their comments were that the integrity of the neighborhood needs to be maintained. They have no problem with a single family home, but oppose the variance for a two-family structure. Motion by Mr. DiTullio that Case No. MS-02-01, a request for approval of a 2-lot minor subdivision in a R-2 Zone District at 3114 Teller Street, be approved for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been exceeded. 2. All requirements of the City's Subdivision Regulations have been met. DRAFT CITY COUNCIL MINUTES: June 10, 2002 Page - 3 With the following conditions: 1. A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2. 2. Public improvements of curb, gutter and sidewalk shall be constructed along Saulsbury Street. 3. Escrow is required in lieu of construction for public improvements along Teller. Street; seconded by Mr. Edwards. Motion by Mr. Edwards for an amendment that condition 2: be stricken and 3. be modified to require escrow along and Teller and Saulsbury Streets; seconded by Ms. Figlus; carried 8-0. Original Motion as amended carried 8-0. Motion by Mr. DiTullio that the request for a 6' lot width variance from the 100' minimum lot width requirement for a two-family dwelling be denied for the following reasons: 1. The property may be developed with a single family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a two-family dwelling instead of a single family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance; seconded by Mr. Edwards; carried 7-1 with Mr. Hanley voting no. Mr. Hanley does not feel this is logical, since it is zoned for R-2. Item 3. Public Hearing on 2002 Local Law Enforcement Block Grant. Item 3 was introduced by Mr.. Edwards, who also read the summary and background Motion by Mr. Edwards to accept the 2002 Local Law Enforcement Block Grant. I authorize the City Manager to execute all documents necessary for the acceptance of the award. I further move that upon receipt of the funds during the fiscal year 2002, they be placed in the general fund. I further move that the 10% match amount of $1,901 be appropriated from the general fund, be authorized and occur. I further move that the City of Wheat Ride fiscal year 2002 Budget be amended accordingly with an additional authorized expenditure of $19,006 at Acct. No. 01-201-700-750; seconded by Mr. DiTullio; carried 8-0. I Y OF YMIEA T PiO,E C{TY CLERi 'S OFF!CF 02 JUN 10 PH to 51 June 9, 2002 Dear City Council, Holland Properties (Case No. MS-02-01) is proposing to build a duplex on the lot at 3114 Teller. This property is not wide enough for a duplex and the property owner is requesting a variance. As a property owner in the surrounding area I am opposed to the Council granting a variance for the following reasons. The majority of homes in the area are one-story single-family that face Saulsbury Street with front and back yards. The proposed duplex would be set sideways and be too close to the surrounding properties. The Comprehensive Plan for the City of Wheat Ridge calls for the development of property to be compatible with the surrounding neighborhood and requires specific lot size for duplex development. The proposed development of Holland properties meets neither of these criteria. The lot size is too small and the development is not compatible with the majority of the surrounding neighborhood. Holland properties could build a single-family home on this lot, which would fit the lot size regulations and also be compatible with the neighborhood. This neighborhood has gone through major changes in recent years with the development by Saulsbury Properties, which adjoins this property. Granting a variance to Holland properties would adversely affect a neighborhood that has already had to endure major changes. I urge the Council to deny the variance that Holland Properties requests as the planning commission has recommended. Sincerely, Catherine A. Dunlap 7160 W. 30`h Ave. Wheat Ridge, Colo. 80215 CITY 0F V!1111 EE AT RIDG!: DATE: June 6 2002 ! i .F C LE r j' O c r I C TO: Wheat Ridge Planning Commission/Ine Q Me F"C5+cil FROM: Diane V. Simmons, Property Owner ~([~p 7160 W. 29th Place Wheat Ridge, Colorado 80215 SUBJECT: Case No. MS-00-03 - Request for lot width variance for property at 3114 Teller Street As I summarized in my memorandum presented in person to the members of City Council on February 7 of this year, the sentiments of the majority of the residents of the neighborhood in the immediate vicinity of the subject property has been clearly documented on previous occasions. That is, they wish to assure that the zoning density and other relevant regulations are equitably applied to maintain a high quality residential neighborhood environment and solid property values. These views were made known in the matter of the Smethills property in 1999 and 2000, and in the present case, which was previously heard before the Commission on July 6, 2000. As was stated on that date and in February of this year, those neighborhood sentiments continue. In my comments of last February, I reviewed the work done in 1997 and 1998 by the Comprehensive Plan Review Committee, in conjunction with the Wheat Ridge Planning Commission, City Council, and the citizens of Wheat Ridge, to devise fair and equitable revised zoning density regulations. Those regulations were designed to maintain, among other things, the ambiance of the city, by providing some control over population density. I also noted that, despite those measures, a survey by a local realtor earlier this year disclosed the finding that while 55% of the homes in Wheat Ridge are privately owned, 66% are privately owned nationwide. At the time of the July 2000 hearing in the present instance, I conducted an informal survey of commercial rental units compared to privately owned, single family homes in the area and arrived at a ratio of 19 to 11 (counting each rental unit as a separate unit). That is almost a 2 to 1 ratio of commercial units to single family homes. Presently, a new duplex is planned and will soon undergo construction at the comer of 32nd and Pierce, a short distance from the property under review. At the hearing in July of 2000, those of us who live in the vicinity of the property at 3114 Teller Street voiced our opposition to granting a variance waiver, based on the import of the revised zoning density regulations and the fact that, in the case of the then Smethills property, a similar type of waiver was denied. We asserted that it would be illogical and unreasonable to grant such a waiver to another property within the same city block. I specifically urged denial based on those factors and my informal survey. • In addition to that, the property owner of the subject property has proposed some rather unorthodox ways to position the duplex he wishes to build. In February, the Planning Commission raised the objections of the local fire department regarding the advisability of such positioning, and those neighbors in the closest proximity raised- objections as to the view. One also wonders about the advisability of allowing unusual lot designs and setting a precedent that might be difficult to undo in future. • Based on the foregoing, I once again wish to voice my strong concerns and objections to granting the variance waiver under consideration and again urge the Planning Commission and/or City Council to once again deny such variance. ~~i O ■ NONE N N5 13 O ~t O MOMMON 4) t 4=+ 0 4MEM V L vw MID 0 § O m L O 4m- Ja ■MINIM O E ME ■ ENEM E W% 0 r 0 Em MID 0 ~ IMMEME MOMMEM IMMEME E ~F+ L cn Iq r' M O .m u O J b o ~o o x~ o° r j STING UTILITY EASEMENT p R:0 ZONING LOT 3 HAPPY LANDINGSI ILOT I HAPPY LANDi NGPI, ILOT 4 HAPPY LINDINGS 1.. SUBDIVISION SUBDIVISION SUBDIVISION BOOK 147 PAGE 6 BOQK 147 PAGE 6 BOOK 147 PAGE 6. -133'.61`--- F ISTING I0 REMAIN f es o ° ~t I P I Lil LAT I 12,5$S S0. W.v° R-2 ZONING e -133 61'- - j1[LOT I PARRY MINOR . SUBDIVISION BOOK 60 PAGE 28 k 89..34`20 W.: 317.2 W {t +I 8' i<v I, EASEMENT TY LOT 2 16,825 SO.FT. -2' ZON I NG FT~ 5' UTM ISLTTY R-2' EASEN -1 y8.62'- - cA a 3 r' 0 v ari.[s r MINOR BAftTW. S SUBDIVISION #y~ 281\ cvicrrur a LL'-, R-2 ZONING - r - UTILITY EASEMENT I 4J N O .s' O bJJ O O tit, `x ,tA fL V 1 VJ r~ ct C/ J O [J O `J • r~ O O 'i JyyJ~ "l U) a) >vt V ~ O O ~ N A+ ~W L O cr 0 64-7 N O N ~ o ~o o~ x~ O ~ N O O ~ i ~ U LM ~ O cas O O L LM M U) 0 N Q. ~ s 4a C i. Rf O O G1 t CD 0 L V V O V 0 > O. 0 d cl• (v 4.0 0 O .F+ 4- 4- O .0 0- 0 0,CL 0~ tm o 0 `~j o o 0 N O o u E (1) MID MID W AMID W 0 AV W L E E 0 L a 0 ■ NONE /A A E ~0 V a ■ ,ii AMME "d O N O N O O O U U A~ W 'O ^V+ li V/ N ~O V rm 0 W U ~ o o o 0 o ° ,U ~ Y U of wHEgr P° AGENDA 2TEM REQUEST FOR COUNCIL ACTION 1~ 10, zee. X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING BIDS/MOTIONS _ ORDINANCES FOR 2ND READING _ RESOLUTIONS Quasi-Judicial: X Yes No co,~ SUBJECT: Request for approval of a final subdivision plat and lot width variance. SUMMARY AND BACKGROUND: The applicant (Albert E. Holland) is requesting approval of a 2-lot minor subdivision plat with street dedication. Additionally, the applicant is requesting a lot width variance for the purpose o building a two-family structure. Planning Commission heard the case on February 7, 2002, and recommended approval of the minor subdivision plat with conditions. The Commission recommended denial of the variance request. ATTACHMENTS: 1. Staff report 2. Planning Commission minutes 2/7/2002 3. Plat document STAFF RECOMMENDATION: ORIGINATED BY: STAFF RESPONSIBLE: SUGGESTED MOTIONS: MINOR SUBDIVISION Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A Approval of the Final Plat. Denial of the lot width Variance. Mary Austin, Planner Alan White, Planning and Development Director Option A: "I move that Case No. MS-02-01, a request for approval ofa 2-lot minor subdivision in a R-2 zone district at 3114 Teller Street, be APPROVED for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been exceeded. 2. All requirements of the City's Subdivision Regulations have been met. With the following conditions: 1. A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2. 2. Public improvements of curb, gutter and sidewalk shall be constructed along Saulsbury St. 3. Escrow is required in lieu of construction for public improvements along Teller St". OptionB: "I move that Case No. MS-02-01, a request for approval of a2-lot minor subdivision in a R-2 zone district at 3114 Teller Street, be DENIED for the following reasons: 2. 3." VARIANCE Option A: "I move that the request for a 6' lot widthvariance from the 100' minimum lot width requirement for a two-family dwelling, be DENIED for the following reasons: 1. The property may be developed with a single family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct atwo-family dwelling instead ofa single familyhome. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. Option B: "I move that the request for a 6' lot width variance from the 100' minimum lot width requirement for a two-family dwelling, be APPROVED for the following reasons: 3." CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council DATE OF MEETING: June 10, 2002 DATE PREPARED: May 31, 2002 CASE NO. & NAME: MS-02-01/Holland CASE MANAGER: Mary Austin ACTION REQUESTED: A 2-lot minor subdivision and a 6' lot width variance from the required 100' minimum lot width requirement for construction of a two-family dwelling. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): 3114 Teller Street Albert E. Holland 13633 West 78th Place. Arvada, CO 80005 NAME & ADDRESS OF OWNER(S): Same as Above APPROXIMATE AREA: 29,888 ft. (.69 acres) PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: R-2, Residential-Two Single Family Residential N: PRD S: and E: R-2 Wi R- IA N:, Duplex Residential E:, S: and W: Single Family Residential COMPREHENSIVE PLAN FOR THE AREA: Single Family Detached Residential and Existing Two Family Conforming Structures and Lots (6 du's per acre) DATE PUBLISHED: May 23, 2002 DATE POSTED: May 27, 2002 DATED LEGAL NOTICES SENT: May 24, 2002 ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (I) ZONING ORDINANCE ( ) SLIDES (X) SUBDIVISION REGULATIONS (I) EXHIBITS ( ) OTHER 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. I. REQUEST The property in question is located at 3114 Teller Street. The property is currently being used for a single family residence. The property is zoned R-2, Residential-Two. (Exhibit 1, Zoning Map). The applicant (owner) is requesting approval of 2-lot minor subdivision to create a new buildable lot fronting on Saulsbury Street. The applicant is also requesting approval of a 6' lot width variance from the 100' minimum lot width requirement for a two-family dwelling. The requested variance pertains to the newly created eastern parcel (Lot 2) on Saulsbury St. The purpose of the variance request is to allow for the construction of a two-family dwelling on that lot. The applicant has submitted a site plan showing the layout of the proposed structure. (Exhibit 2) An application for this same plat and variance was presented at a public hearing before Planning Commission on July 6, 2000. At that meeting, Planning Commission took action by recommending approval of the plat and denial of the variance. (Exhibit 3, minutes) Prior to final action by City Council, the application was withdrawn by the owner. With this current application, the owner has re-submitted the plat and variance request. if. NEIGHBORHOOD MEETING A neighborhood meeting regarding this application was held at the City of Wheat Ridge Municipal Building on December 19, 2001 at 6:00 p.m. Attached is a copy of the sign-in sheet (Exhibit 4). Comments expressed at the meeting included the following: - Concerns about a duplex dwelling in a single family neighborhood. - No opposition to a single family home on Saulsbury St. - Concerns regarding the proposed orientation of the two-family structure in that it would face to the north instead of toward Saulsbury St. like the rest of the single family homes. - Concern with the possible depreciation of single family home values in the neighborhood. - Adjacent neighbor at 3025 Saulsbury St. expressed concern regarding the orientation of the building in order to accommodate a two-family structure. The family uses their backyard alot and would like to. see something similar developed next door. IH. SUBDIVISION DESIGN The current parcel has double frontage on both Teller St. and Saulsbury St. This minor subdivision will create two parcels, one on each road frontage. The western parcel fronting on Teller St. (Lot 1) has an existing single family residence which will remain. The eastern parcel (Lot 2) is currently vacant and will become a new developable lot fronting on Saulsbury St. The property is zoned R-2, Residential-Two. Pursuant to Section 26-14 of the Wheat Ridge Code of Laws, the R-2 zone district allows the permitted principles uses of single family dwellings and duplexes. In order to construct a two-family dwelling a larger minimum lot area and lot width are required than for a single family dwelling. The lot area of proposed Lot 2 meets the minimum lot area requirements for either a single family dwelling (9,000 sq. ft.) or a two-family dwelling (12,500 sq. ft.). However, the width of that parcel is such that only a single family dwelling would be permitted. A single family lot requires 75 feet of width whereas a duplex lot requires 100 feet of width. This plat dedicates 5 feet of right-of-way along Saulsbury Street. No additional right-of-way is required for Teller Street. Minor subdivisions with public street dedication require review by both Planning Commission and City Council. The Happy Landings planned residential development for the adjacent property to the north was approved in February 1999. As part of that development, public improvements along Saulsbury Street of curb, gutter and sidewalk were not required by City Council. Easements have been reserved adjacent to the property lines as required by the City's Subdivision Regulations for utilities and access. All requirements of the Subdivision Regulations have been met. IV. AGENCY REFERRALS All outside service agencies that currently serve the property will continue to serve the property. Any required system improvements and necessary taps and meters will be at the applicant's expense. On Saulsbury St., there are public improvements extending to the south of this property, but no public improvements to the north. The Public Works Department is recommending that public improvements of curb, gutter and sidewalk along Saulsbury St. be a condition of approval. Engineered construction plans for improvements on Saulsbury St. would be required prior to construction. Since there are no public improvements along the east side of Teller St., the Public Works Department would require a Development Covenant and escrow for the Teller St. frontage. A final drainage report will be required to be reviewed and approved by the Department of Public Works prior to any development of Lot 2. The Wheat Ridge Fire District responded to the referral in writing (Exhibit 5). The District expressed no objections to the subdivision plat, but did express service concerns related to the proposed northern facing orientation of a two-family dwelling on the site. V. VARIANCE CRITERIA The City Council is empowered to decide upon a variance when it is concurrent with another process that requires public hearing before City Council. 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? If the request is denied, the property may yield a reasonable return in service and income. The newly created lot would have 94.17 feet of frontage on Saulsbury St. This lot width exceeds the 75' minimum lot width for development of a single family home. Therefore, the property could be developed with a single family home. 2. If the variance were granted, would it alter the essential character of the locality? Approval of this request could potentially alter the essential character of the neighborhood. The adjacent duplex dwellings on the north side do not face Saulsbury St. but face toward a private drive to the north. Any new structure built on Lot 2 will be part of the neighborhood on Saulsbury St. Except for the Happy Landings development, the remainder of the neighborhood is developed with single family residential. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The newly created parcel is rectangular in shape and relatively flat. The lot width of the newly created lot is adequate for a single family home but insufficient for a duplex dwelling. Since the property can be developed with a single family home, the inadequacy of the lot width in permitting a duplex is not a hardship but an inconvenience to the owner. The lot width situation is not unique to this property. There are other R-2 zoned properties in the City which have dimensions that do not meet the requirements for construction of a duplex. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The difficulty has not been created by any person currently having an interest in the property. The current owner had no interest in the property when the original lot was created. However, the minimum lot width of 100' for a two-family dwelling in the R-2 district was existence when the property was purchased by the applicant in 1994. The hardship is self-imposed through the desire to construct a duplex dwelling instead of a single family home. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? The requested variance, if approved, should have no impact on the amount of light and air to the adjacent properties. The same R-2 setbacks, maximum building coverage and height limitations would have to maintained regardless of whether the property is developed with a single family home or a duplex. A minimal amount of additional traffic would be generated by the additional housing unit, which would not have a substantial increase in traffic congestion. The Fire District has expressed concerns over the ability to service the property based on the proposed building orientation. 6. If criteria a through a are found, 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 the variance request would result in an individual benefit to the property owner. It would not result in a beneficial contribution to the neighborhood or the community. Approval of this request is not expected to result in the reasonable accommodation of a handicapped person. V. STAFF CONCLUSIONS AND RECOMMENDATION Upon review of the above request, staff concludes that the applicant is subdividing a lot with double frontage into two parcels, creating a new buildable lot fronting on Saulsbury St. The requirements of the Subdivision Regulations have been met and the parcels exceed the lot area and lot width requirements for a one-family dwelling in the R-2 zoning district. The lot width variance would be required to permit construction of a two-family dwelling on the new lot. Staff concludes that the variance criteria are not supportive of the requested lot width variance. Therefore, staff recommends APPROVAL of the minor subdivision plat and DENIAL of the lot width variance. Two motions are required: one for the minor subdivision and one for the variance. VI. PLANNING COMMISSION ACTION Planning Commission heard this request on February 7, 2002. (minutes attached) The minor subdivision plat was recommended for approval with the following condition: A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2. Staff had additionally recommended the following conditions for the minor subdivision plat which were not added to the motion by Planning Commission: 1. Public improvements of curb, gutter and sidewalk shall be constructed along Saulsbury St. 2. Escrow is required in lieu of construction for public improvements along Teller St. The 6 foot Lot Width Variance was recommended for denial. 9261 K H W W U J 3 0 U N W 26 L ~L R R s J ~ I ~I ~I ~ I x .I- ~I L ~I ?I ~I ~ s a a x I .I kl I °I ' ~I °I x °I al ~ 6 ' §I ' L j _ • a x -PR a R hAf IRx _ E m 5 a x G L NDINGS - °R-1 R'7- R wmsrP[ z , a > rc R mss SUB Z AI.F 8 . _ ~ i ~ y : : ' g ° R ~ ` 2 R R R n r::.: fi 'ii F R ~ R ; R R R F- - } ~ ° R ' U ° E A A 9a R = nz Z ~ A ° _ Lll x R ~ a n SR- A W30tH AVE AL W 30iN AVE m m 7 m R-2 Q N N N it z 0 0 U Z O w LL LL W 0 O K 0 U Z Z D L) HAYWARD PARK CITY HALL R-2 1 CUP-95-1 x W LL A gg OFFICIAL ZONING MAP WHEAT RIDGE COLORADO x ~ ~z ~ O x 0 zee° I ~ zsa° OIL ~ ~ W PARCELILOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LObATION) SE 26 0 100 ® 4C0 Feet DEPARTMEWOF MAP ADOPTED: June 15, 1994 PUNNING AND DEVELOPMENT Last Revision: September 10, 2001 L N W N EXHIBIT 1 r--~ WMHAVE r 1 i F-1 v 1 c 4 J tl F a! I t,{ a I ~ a -~8 I v q 0 C\ r , h ae 71 I U < I I ' t ~ ~ 3 Q I ~ u v. K I y N A Q' z ~ a {y. Qn~ . ,2 1,a V QQ N Q eQ Q n7 : I I EXHIBIT 2 5. APPROVAL OF MINUTES Commissioner McNAMEE requested an amendment on page four to reflect that the motion passed 6-1 rather than 7-1. Commissioner SNOW requested an amendment on page six to incorporate her amendment into-the body of the original motion. It was moved by Commissioner MCNAMEE and seconded by Commissioner GOKEY to approve the minutes of June 15, 2000 as amended. The motion passed 7-0 with Chair MACDOUGALL absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC BEARING A. Case No. MS-00-03: An application for a two-lot minor subdivision and lot width variance for property zoned R-2 and located at 3114 Teller Street. The case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Vice Chair SNOW. Ms. Austin advised that there was jurisdiction for the Commission to hear the case. The ten criteria used in evaluating variance requests were reviewed. Because of staff's conclusion that the variance criteria did not support the requested lot width variance, a recommendation for approval of the minor subdivision plat and denial of the lot width variance was given. Staff also recommended that the minor subdivision plat be approved with the condition that public improvements of curb, gutter and sidewalk be constructed along Saulsbury Street. In conclusion, Ms. Austin stated that the only response to the application was received from Alec Garbini of Teller Homes, LLC-Happy Landings. At the request of Vice Chair SNOW, the letter, dated July 5, 2000, was read into the record as follows: Dear P✓s. Austn: Drunk you for your letter of June 21, 200 0 -regarding the application for a variance for the property located at 3114 Teller Street. Teller Homes, LLC owns the property located at 3135 Saulsbury Street which abuts the subject property on its north property line. Teller Homes, LLC and Saulsbury Properties, LLLP recently developed the property known a Happy Landings PUD which adjoins the subject property and contains the duplex unit at 3135 Saulsbury Street. Teller Homes, LLC is currently managing the homeowners association which was formed for the four duplex units which comprise the Happy Landings Patio Home Assoc. We recognize the R-2 zoning which exists for the subject property, and do not object to residential uses which conform with that zoning, and meet the required setbacks from neighboring property. Pluming Commission July 6, 2000 Page 2 EXHIBIT 3 We are concerned about the width of the lot. We understand that it is approximately six feet short of conforming with the City of Wheat Ridge zone lot requirements. When Happy Landings PUD was designed and submitted to the city it was held to very strict standards regarding lot sizes and density. We would expect the City of Wheat Ridge to uphold those standards and make other applicants meet the same type of requirements imposed on our property. Please call me ifyou have any questions regarding this matter. Sincerely, Alec Garbini, Member. Commissioner THOMPSON questioned the reasons for requiring curb, gutter and sidewalks when this requirement was not made for Happy Landings. Greg Knudson replied that the same improvements were recommended for the Happy Landings project; however, City Council did not make such a requirement as a condition of its approval. Commissioner COLLINS commented that installation of sidewalks would have necessitated the removal of some large trees along Saulsbury and that drainage concerns were also involved. Albert E. Holland 13633 West 78th Place, Arvada Mr. Holland, the applicant, was sworn in by Vice Chair SNOW. He submitted a site plan for his proposed project. He also commented that part of the concern regarding curb and gutter for the Happy Landings project related to the ditch rights of residents in the area. He stated that most houses in the neighborhood are 2,000 square. feet on lots less than 10,000 square feet while the subject lot is 17,892 square feet which he believes is too large for a single family residence. He plans a two-car garage for each unit which would alleviate parking on the street. He. also informed the Commission that he intends to live on the property and that he had no interest in building a single family residence there. If his plans for a duplex are not approved, he stated his only options would be. to sell the property or build a group home. He did indicate, however, that he would not ever build a group home in the location. In speaking with his neighbors, he stated that no one has expressed opposition to his plans. In response to a question from Commissioner THOMPSON, Mr. Holland stated that he plans to b'.:iId a six-foot privacy fence between his property and the property toVile south. In response to a question from Commissioner COLLINS, Mr. Holland indicated that he had no concerns with the recommendation for curb, gutter and sidewalk along Saulsbury. Catherine Dunlap 7160 West 30th Avenue Ms. Dunlap was sworn in by Vice Chair SNOW. She stated her opposition to the application because a duplex does not fit into the character of the neighborhood. She felt that the Comprehensive Plan discourages building duplexes in small areas. Planning Commission Page 3 July 6, 2000 Diane Simmons 7160 West 29th Place Ms. Simmons was sworn in by Vice Chair SNOW. She felt that the desires of the neighborhood opposing commercial development were clearly documented during the development of the Smethill's property, and the granting of this variance would create an unfair balance of commercial property in the neighborhood. Thomas Slattery 6869 West 32nd Avenue Mr. Slattery was sworn in by Vice Chair SNOW. He urged the Commission to vote in accordance with the staff recommendation to allow the subdivision but deny the variance which, if granted, would alter the character of the neighborhood. Mrs. Albert Holland 13633 West 78th Place, Arvada Mrs. Holland was sworn in by Vice Chair SNOW. She stated that their son plans to live in the - existing single family residence on the subject property and that she and her husband plan to live in one side of the proposed duplex. They would rent the other half of the duplex. Mr. Holland returned to the podium. In response to a question from Vice Chair SNOW, he indicated that he does not plan any construction for the property if the variance is not granted. Commissioner THOMPSON expressed concern with the number of developments in Wheat Ridge where the sides of buildings are facing streets. It was moved by Commissioner DOYLE and seconded by Commissioner GOKEY that Case No. MS-00-03, a request for approval of a two-lot minor subdivision in an R-2 zoning district at 3114 Teller Street, be APPROVED for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been exceeded. 2. All r°^uirements of the C-ty' n y j S vSubdiv...m Regu.atrous have been met. With the following condition: 1. Public improvements of curb, gutter and sidewalk shall be constructed along Saulsbury street. The motion passed 6-1 with Commissioner SNOW voting no and Commissioner MACDOUGALL absent. Planning Commission Page 4 July 6, 2000 Commissioner SNOW indicated that she voted against the motion because she felt the lot should be divided equally in order to be more suitable for single family homes on both sides. It was moved by Commissioner THOMPSON and seconded by Commissioner DOYLE that the request for a six-foot lot width variance from the 100-foot minimum lot width requirement for a two-family dwelling, be DENIED for the following reasons: 1. The property may be developed with a single family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a duplex dwelling instead of a single family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. 4. Approval of the variance could potentially alter the essential character of the neighborhood based upon the third criteria used in evaluating a variance. 5. The neighborhood has been opposed in the past to additional multi-family developments and this opposition was once again shown at this hearing. 6. The application does not meet the intent of the Comprehensive Plan which designates the area for duplexes only for existing two-family conforming lots and the subject lot is not conforming. The motion passed 7-0 with Commissioner MACDOUGALL absent. (Vice Chair SNOW declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:00 P.M.) B. Case No. ZOA-00-07: An ordinance amending Section 26-6(D)(3) of the Wheat Ridge Code of Laws relating to Temporary Use Permits Alan White presented this case. He reviewed the staff report. The Planning Commission earlier requested that the Planning Department look into changing the regulations for temporary use permits. Three options for code changes were presented to the City Affairs Committee. Their recommended option was to amend the section on one-year temporary uses, buildings and signs, to delete all references to temporary uses. Temporary uses for up to one year would not be allowed. One-year TUP's for only buildings and signs would still be allowed but no Planning Commission Page 5 July 6, 2000 t7 Z _ W z 0 r. C CV Lit 0 0 O Co. aj r- L u 2 0 (g m z a = 0 Z 5' -1 Z z a ui 0 0 Fn z m 2 J 0 LU a LLI a Lu a c 0 LL N N L 'a a dl m z O ~ o o N ` r Q ~I c C n a e 0 11 D k \~F `"I I T I I I I 0 c.i cYi ~ Sri cD r-~ C6 of EXHPBIT 4 WHEAT; DISTRICT :Dedicated To Serve'Thraugh.'Excellence" P. :0. Box 507 $880 Upham St. Wheat Ridge, CO 80034. • $03-424-7323 • Fax 303-940;0350. January 16; 2002 To: Mary Austin, , Planner Cityof Wheat. Ridge, Wheat Ridge, Co: 80033 Subject:: Request for Fire Departmeaf approval of Case Number MS-02-01, a 24ot Minor Subdivision Plat and a 6' lot width variance to allow: a 2-unit`dwelling ' on the eastern lot; ' , . located at 3114 Teller: Street: Dear. Mary,.. This letter is refererice Case Number MS-02-01, a request for -a minor subdivision plat and a 6.' lot w dth.variance to allow a 2-unit dwelling on the eastern lot, located at 3114 Teller Street; Wheat.Ridge, Colorado:. The Tire Department- has no objections to the request for the :minor subdivision, however; the Fire Department does have a concern regarding:the placement. of a 2-unit dwelling'on the property,' should both requests be approved..Unless the front. of the dwelling is positioned €acing Saulsbury Street,: the.ht-e department Will:Nvt be able to adequatply provide service to the property due to set back requirements Setback requirements and build' g size will"exceed the departments' ability to effectively fight afire and or provide proper medical assistance due to ifh~ C'i t ii w t . . excessive fµstauC05 eeway u" LOtis iheS`u eee t. 4.te fitSny fti tlie'ot2fld'fFig IS -3LLOWCQ ttl face North.Or , South,, turn radius access requirements' and access onto the property will not be.sufficient for the . emergency vehicles. to leave the paved. street. Therefore,. the dwelling unit should be required to. face East and front on Saulsbury Street. If there are, any. questions concerning this: issue; I can be contacted at.303-40375902, or Pager number 303-687-7336, Thank you for your help and consideration regarding this matter. RIDGE' FIRE EXHIBIT 5 NOTICE OF PUBLIC MEETING Notice is hereby given that a Public Meeting will be held before the City of Wheat Ridge CITY COUNCIL on June 10, 2002, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to attend the public meeting. The following petition shall be heard: Case No. MS-02-01: An application by Albert Holland for approval of a 2-lot minor subdivision plat with dedication and a lot width variance for the purpose of building a two-family structure on property located at 3114 Teller Street, zoned Residential-Two (R-2) and legally described as follows: A TRACT OF LAND LOCATED IN THE SOUTH ONE-QUARTER OF THE NORTH THREE-FIFTHS OF THE WEST ONE-HALF OF LOT 1, BLOCK 2, BARTH'S SUBDIVISION, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE N. 89°53'36" W. ALONG THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 26, A DISTANCE OF 1293.90 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1; THENCE S. 00°01'26" W. ALONG SAID THE WEST LINE OF SAID LOT 1 AND ITS NORTHERLY EXTENSION A DISTANCE OF 313.71 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-QUARTER OF THE NORTH THREE-FIFTHS OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S.00001'26"W. ALONG SAID WEST LINE A DISTANCE OF 94.26 FEET TO A POINT 252.50 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE S. 89°55'14" E. PARALLEL WITH THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 317.23 FEET TO A POINT ON THE EAST LINE OF THE WEST ONE-HALF OF SAID LOT 1; THENCE N. 00°01'22" E. ALONG THE EAST LINE OF SAID WEST ONE-HALF A DISTANCE OF 94.17 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-QUARTER OF THE NORTH THREE-FIFTHS OF THE WEST ONE-HALF OF SAID LOT 1; THENCE N. 89°54'20" W. ALONG THE NORTH LINE OF SAID SOUTH ONE-QUARTER A DISTANCE OF 317.23 FEET TO THE TRUE POINT OF BEGINNING. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: May 23, 2002 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 May 24, 2002 Dear Property Owner: This is to inform you of Case No. MS-02-01 which is a request for approval of a 2-lot minor subdivision with dedication and a lot width variance for the purpose of building a two-family structure on property located at 3114 Teller Street and zoned Residential-Two will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on June 10, 2002 at 7:00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. Thank you. Planning Division. 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Arvada, CO 80005 Dear Mr. Holland: Please be advised that at its meeting of February 7, 2002, the Planning Commission RECOMMENDED approval of your request for a two-lot minor subdivision on Residential zoned land at 3114 Teller Street for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been met. 2. All requirements of the City's Subdivision Regulations have been met. With the following conditions: 1. A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2. 2. The owner dedicate 5 feet on Saulsbury and that the dedication be drawn in and referred to on the plat before it goes to City Council. - The Planning Commission RECOMMENDED denial of your request for a 6-foot lot width variance from the 100-foot minimum lot width requirement to allow for a two-family dwelling for the following reasons: 1. The property may be developed with a single-family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a two-family dwelling instead of single-family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. 4. Approval of the variance could potentially alter the essential character of the neighborhood based upon the second criteria used in evaluating a variance. 5. The neighborhood has been opposed in the past to additional multi-family development and this opposition was once again shown at this hearing. 6. The application does not meet the intent of the Comprehensive Plan which designates the area for duplexes only for existing two-family conforming lots and the subject lot is not conforming. These recommendations from Planning Commission will be forwarded to City Council for final action. Mr. Albert Holland Page 2 February 20, 2002 Please revise the plat document accordingly, then submit 18 copies of the revised plat document prior to scheduling the public hearing before City Council. Since the copies that were submitted for Planning Commission review were not the same document reviewed and approved by staff prior to the hearing, staff will have to review all copies submitted for the City Council hearing. These copies must be blueprint copies with the surveyors seal on each copy. Please feel free to contact me at 303-235-2846 if you have any questions. rSincerely, Kathy Field Planning Secretary Enclosure: Draft of Minutes cc: MS-02-01 c:\KatyTCUTSTLA CTCOACORRESPWPPVLT WS0005 checked and Commissioner SNOW's condition was not that the environment report be furnished to City Council, but that the report be made part of the case file.) It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to approve the minutes of December 20, 2001 as amended. The motion passed unanimously. 6. PUBLIC FORUM Mayor Gretchen Cerveny appeared to urge Planning Commission to review its actions in order to encourage quality developers to locate in Wheat Ridge. Quality development would increase sales tax revenue and keep the city a quality place to live. She has heard from some developers that they do not believe Wheat Ridge to be business friendly and one reason they cited is that they are "nitpicked to death" when they bring their plans before Planning Commission and City Council. Commissioner SNOW commented that she has heard comments from citizens who think it is very sad that, over the years, City Council has approved developments that no one wanted and is the reason some parts of the city look tacky. This was due mainly to one developer who didn't want to follow the rules. Chair THOMPSON commented that there have been times when City Council has imposed stricter regulations on a developer than the Planning Commission had suggested. Commissioner WEISZ commented that she believed the Planning Commission has demonstrated a good faith effort in reviewing applications to ensure that proposed developments meet all the city zoning standards. PUBLIC HEARING f A. Case No. MS-02-01: An application by Albert Holland for approval of a two-lot minor subdivision plat with dedication and lot width variance for the purpose of building a two-family structure on property located at 3114 Teller Street and zoned Residential-Two. This case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads of the application. All pertinent documents were entered into the record and Ms. Austin advised the Commission there was jurisdiction to hear the case. Staff recommended approval of the subdivision plat and denial of the lot width variance for reasons outlined in the staff report. Albert Holland 13633 West 78`h Place, Arvada Mr. Holland, the applicant, was sworn in by Chair THOMPSON. In response to an earlier question, Mr. Holland stated that the Happy Landings development did not have to put in curb and gutter because many homeowners along Teller have water rights in the ditch and such improvements would interfere with the water rights. Mr. Holland also owns water rights. Planning Commission Page 2 February 7, 2002 Because of the size of his lot, he believed a duplex was suitable for the property. He plans to live in one of the dwellings on the property. Commissioner WEISZ asked the reason for the uneven division of the lot. Mr. Holland replied that the property is already essentially subdivided with buildings and a fence. He also explained that he withdrew his prior application because he didn't fully understand the procedures and assumed that because he was turned down at Planning Commission he would be turned down at City Council. He has since contacted an attorney who advised him that he must go through the entire procedure before he could file a lawsuit. In response to a question from Commissioner SNOW regarding a structure located five feet from the proposed property line, Mr. Holland stated that some of these structures (old chicken coops, etc.) would probably be removed at the time of development. Carissa Dial 3025 Saulsbury Ms. Dial was sworn in by Chair THOMPSON. She spoke in opposition to the variance. She preferred that a single-family structure be built on the property. In response to a question from Commissioner BRINKMAN, Ms. Dial stated she was not the homeowner at this address. Tracy Rubey 3025 Saulsbury Ms. Rubey was sworn in by Chair THOMPSON. She spoke in opposition to the variance because she believed the addition of a duplex would have a negative effect on the quality of life in the neighborhood. She stated that she was the owner of the property. Eileen Wiseman 3135 Saulsbury Ms. Wiseman was sworn in by Chair THOMPSON. She stated that she purchased her property six months ago and expressed concern that she did not receive a notice of the hearing. She stated that she was not opposed to the duplex, but was opposed to the orientation of the structure on the property which would place the driveway next to her bedroom. Alan White stated that a letter was sent to Ms. Wiseman's address. However, the city relies on county records when sending public hearing notices and a previous owner was shown on the county records. Mary Austin distributed copies of a letter from Sharon Heinlen, 3145 Saulsbury, which expressed her opposition to the application. This letter was entered into the record. Catherine Dunlap 7160 West 30`h Avenue Ms. Dunlap was sworn in by Chair THOMPSON. She spoke in opposition to the application because a duplex would not fit with the character and quality of the neighborhood. She objected to the manner in which the lot would be divided. She would prefer to see a single family home built on the property. She stated she was the owner of the property. Planning Commission Page 3 February 7, 2002 Diane Simmons 7160 West 29th Place Ms. Simmons was sworn in by Chair THOMPSON and stated that she was the homeowner. She provided copies of her text which was made a part of the record. She was opposed to the application because it would result in increased density for the neighborhood. In response to a question from Chair THOMPSON, Ms. Austin stated that the lot size and required setbacks would allow the duplex as currently designed to be reoriented to face Saulsbury and the applicant would have to address his proposal for a northern orientation. Albert Holland returned to the podium. He stated his reason for the proposed orientation was due to the length of the property and reorientation of the duplex would necessitate building single car garages or building the garages in the back of the property. Commissioner BRINKMAN commented that, while she understood the neighbors' concerns, the property is zoned R-2 and the applicant could build a duplex without coming before the Planning Commission if it were not for the variance request. Chair THOMPSON asked if there were others present who wished to speak. Hearing no response, she closed the public hearing. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that Case No. MS-02-01, a request for approval of a two-lot minor subdivision in an R-2 zone district at 3114 Teller Street, be APPROVED for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been met. 2. All requirements of the City's Subdivision Regulations have been met. With the following conditions: 1. A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2. Commissioner SNOW stated that since the City Council had previously decided not to require curb, gutter, sidewalk or an escrow account, according to the wishes of the neighborhood, she did not include such a requirement in her motion. Commissioner PLUMMER commented that while the requirement for a duplex on an R-2 lot is only 12,500 square feet, the subject lot is 17,900 square feet. The motion passed 7-0 with Commissioner COOPER absent. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that the request for a 6-foot lot width variance from the 100-foot minimum lot width requirement for a two-family dwelling, be DENIED for the following reasons: Planning Commission Page 4 February 7, 2002 1. The property may be developed with a single-family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a two-family dwelling instead of single-family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. Commissioner McNAMEE offered a friendly amendment to add the following reasons for denial: 4. Approval of the variance could potentially alter the essential character of the neighborhood based upon the second criteria used in evaluating a variance. 5. The neighborhood has been opposed in the past to additional multi-family development and this opposition was once again shown at this hearing. 6. The application does not meet the intent of the Comprehensive Plan which designates the area for duplexes only for existing two-family conforming lots and the subject lot is not conforming. The amendment was accepted by Commissioners COLLINS and SNOW. The motion passed 7-0 with Commissioner COOPER absent. Commissioner SNOW questioned whether there was a request for dedication. Ms. Austin replied that there is a 5-foot dedication on Saulsbury. Upon review of the plat document submitted by the applicant for Commission packets, it was discovered this dedication was not shown. Therefore, it became necessary to reconsider the original motion. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to reconsider Case No. MS-02-01 solely for the purpose of discussing possible dedication on Saulsbury. The motion passed 7-0 with Commissioner COOPER absent. It was moved by Commissioner SNOW and seconded by Commissioner WEISZ that Case No. MS-02-01 be approved for the same reasons presented in the previous motion with the same condition number one and the addition of condition number two that the owner dedicate five feet on Saulsbury and that the dedication be drawn in and referred to on the plat before it goes to City Council. The motion passed 7-0 with Commissioner COOPER absent. (Chair THOMPSON declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:00 P.M.) B. Case No. ZOA-01-02: An ordinance amending Sections 26-123,26-211 and 26-212 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures in the R-3 and R-3A zone districts and the definition of a "story". Planning Commission Page 5 February 7, 2002 L~,-L .&V DATE: February 7, 2002 XVL~ TO: Wheat Ridge Planning Commission FROM: Diane V. Simmons, Property Owner 7160 W. 29th Place Wheat Ridge, Colorado 80215 SUBJECT: Case No. MS-00-03 - Request for lot width variance for property at 3114 Teller Street • The sentiments of residents of the neighborhood in the immediate vicinity of the subject property has been clearly documented on previous occasions; i.e., in the case of the development of the Smethills property in 1999 and 2000, and in the present case, which was previously heard before the Commission on July 6, 2000. As was stated on that date, those sentiments continue to stand. During 1997 and 1998, the Comprehensive Plan Review Committee, in conjunction with the Wheat Ridge Planning Commission, City Council, and the citizens of Wheat Ridge, collaborated for many months to devise a fair and equitable set of revised zoning density regulations. Those regulations were designed to maintain, among other things, the ambiance of the city, by providing some control over population density. Despite those measures, it is of interest to note that a local realtor recently revealed the fact that, currently, only 55% of the homes in Wheat Ridge are privately owned, compared to approximately 66% nationwide. At the time of the July 2000 hearing in the present instance, I personally conducted an informal survey of commercial rental units compared to privately owned, single family homes in the area and arrived at a ratio of 19 to 11 (counting each rental unit as a separate unit). That is almost a 2 to 1 ratio of commercial units to single family homes. Presently, a new duplex is planned and will soon undergo construction at the corner of 32nd and Pierce, a short distance from the property under discussion tonight. (Attached is a summary of the properties surveyed in July 2000.) At the hearing in July of 2000, those of us who live in the vicinity of the property at 3114 Teller Street voiced our opposition to granting a variance waiver, based on the import of the revised zoning density regulations and the fact that, in the case of the then Smethills property, a similar type of waiver was denied. We asserted that it would be illogical and unreasonable to grant such a waiver to another property within the same city block. I specifically urged denial based on those factors and my informal survey. In the face of the foregoing, I again maintain that granting a variance waiver so that yet another duplex can be constructed on Teller Street, between 29th and 32nd Avenues, would be inadvisable and strongly encourage the Planning Commission to once again deny this request for variance. Such a denial would be not only in the best interests of property owners in the immediate area, but would do much to further ensure the historical, communal integrity of the city as a whole. Sharon R. Heinlen 3145 Saulsbury Street Denver, CO 80215-6827 303-237-9947 February 5, 2002 The City of Wheat Ridge Planning Division 7500 West 29th Avenue Wheat Ridge, CO 80215 To The Planning Division: RE: CASE NO. MS-02-01 I cannot attend the February 7, 2002 Public Hearing on the above for health reasons. I am opposed to the approval of a 2-lot minor subdivision with dedication and a lot width variance for the purpose of building a two-family structure on property located at 3114 Teller Street and zoned Residential-Two for the following reasons: 1. The variance requested has been denied before (in 2000). There are no new reasons to approve this variance. 2. The owner of this property has consistently violated zoning regulations in the use of what is now a vacant lot, even with frequent complaints from residents. 3. At the Public Hearing in 2000, the owner of the property, Albert Holland, threatened the Planning Commission during the hearing, saying he would "build a group home and then everyone would be quite upset," and that he would just start parking his construction vehicles all over the vacant lot upon which he wanted to build. Not only his attitude, but his disrespect for the Commission, neighbors and civility, are exactly what our neighborhood does not need. 4. The proposed driveway would be right on top of properties at 3135 and 3145 Saulsbury Street, within a very short distance of bedrooms, and the pollution from entering and exiting vehicles would be above healthy limits. 5. To my knowledge, there has been no effort to change the original plans that were rejected. Th~~ou for considering my objections. R. cc: Happy Landing Homeowner's Association Members MS-02-01 / Holland 0 100 Feet 3114 Teller St Tmmmmm~ sU IST I NG UT I L I TV EASEMENT P.R.D ZONING 3 HAPPY LANDINGS 4 HAPPY LAC,^FD INGS(~t Oi 4 HAPPY LANDI UGS 1 !i wU ST C 310'7 f i-SURD iVf3 (ON + UBC !VISION t 1 'BOOK 147 PACE b~ 1 1800K 147 PAGE 6 BOOK 147 PAGE 8 ! LOT I PARRY M? NCR LOT 2 PARRY MIN SUBDIV':414N SUBDIVISION BOCK DO PAGE 28 BOCK 60 PAGE 28 R-2 ZONING EASEMENT LOT 2 36.82$ SOFT. ITY R-2 ZONING BARTH'3 SUBDIVISION > UTILI HTY EASEMENT ac-ao o_ $ 90®00'00'£ 2838.22' 8' UTILITY ria ( r ( (W < m z p zo< ul Of l ono z R I 5 1 4 CO w 0 wa a a zo¢ 1 ' 0> = S ua ~ » vc- y6Y F- WCSO = 6U o V i NOTES: H. 5/8 INCH DIAMETER REBAR WITH CAP STAMPED 'LANE ENO $AV INC 16837' SET AT POINT S THRIS:G 2 BRASS WASHER STAMPED -AEGIS L$ 9655 RECOVERED AT POINT $THUS: O CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: February 7, 2002 DATE PREPARED: January 31, 2002 CASE NO. & NAME: MS-02-01/Holland CASE MANAGER: Mary Austin ACTION REQUESTED: A 2-lot minor subdivision and a 6' lot width variance from the required 100' minimum lot width requirement for construction of a two-family dwelling. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): NAME & ADDRESS OF OWNER(S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: 3114 Teller Street Albert E. Holland 13633 West 78" Place. Arvada, CO 80005 Same as Above 29,888 ft.' (.69 acres) R-2, Residential-Two Single Family Residential N: PRD S: and E: R-2 W: R-IA N:, Duplex Residential E:, S: and W: Single Family Residential COMPREHENSIVE PLAN FOR THE AREA: Single Family Detached Residential and Existing Two Family Conforming Structures and Lots (6 do's per acre) DATE PUBLISHED: January 24, 2002 DATE POSTED: January 24, 2002 DATED LEGAL NOTICES SENT: January 24, 2002 ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SLIDES (X) SUBDIVISION REGULATIONS (X) EXHIBITS ( ) OTHER The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 3114 Teller Street. The property is currently being used for a single family residence. The property is zoned R-2, Residential-Two. (Exhibit 1, Zoning Map). The applicant (owner) is requesting approval of 2-lot minor subdivision to create a new buildable lot fronting on Saulsbury Street. The applicant is also requesting approval of a 6' lot width variance from the 100' minimum lot width requirement for a two-family dwelling. The requested variance pertains to the newly created eastern parcel (Lot 2) on Saulsbury St. The purpose of the variance request is to allow for the construction of a two-family dwelling on that lot. The applicant has submitted a site plan showing the layout of the proposed structure. (Exhibit 2) An application for this same plat and variance was presented at a public hearing before Planning Commission on July 6, 2000. At that meeting, Planning Commission took action by recommending approval of the plat and denial of the variance. (Exhibit 3, minutes) Prior to final action by City Council, the application was withdrawn by the owner. With this current application, the owner has re-submitted the plat and variance request. IL NEIGHBORHOOD MEETING A neighborhood meeting regarding this application was held at the City of Wheat Ridge Municipal Building on December 19, 2001 at 6:00 p.m. Attached is a copy of the sign-in sheet (Exhibit 4). Comments expressed at the meeting included the following: - Concerns about a duplex dwelling in a single family neighborhood. - No opposition to a single family home on Saulsbury St. - Concerns regarding the proposed orientation of the two-family structure in that it would face to the north instead of toward Saulsbury St. like the rest of the single family homes. - Concern with the possible depreciation of single family home values in the neighborhood. - Adjacent neighbor at 3025 Saulsbury St. expressed concern regarding the orientation of the building in order to accommodate a two-family structure. The family uses their backyard alot and would like to see something similar developed next door. III. SUBDIVISION DESIGN The current parcel has double frontage on both Teller St. and Saulsbury St. This minor subdivision will create two parcels, one on each road frontage. The western parcel fronting on Teller St. (Lot 1) has an existing single family residence which will remain. The eastern parcel (Lot 2) is currently vacant and will become a new developable lot fronting on Saulsbury St. The property is zoned R-2, Residential-Two. Pursuant to Section 26-14 of the Wheat Ridge Code of Laws, the R-2 zone district allows the permitted principles uses of single family dwellings and duplexes. In order to construct a two-family dwelling a larger minimum lot area and lot width are required than for a single family dwelling. The lot area of proposed Lot 2 meets the minimum lot area requirements for either a single family dwelling (9,000 sq. ft.) or a two-family dwelling (12,500 sq. ft.). However, the width of that parcel is such that only a single family dwelling would be permitted. A single family lot requires 75 feet of width whereas a duplex lot requires 100 feet of width. This plat dedicates 5 feet of right-of-way along Saulsbury Street. No additional right-of-way is required for Teller Street. Minor subdivisions with public street dedication require review by both Planning Commission and City Council. The Happy Landings planned residential development for the adjacent property to the north was approved in February 1999. As part of that development, public improvements along Saulsbury Street of curb, gutter and sidewalk were not required by City Council. Easements have been reserved adjacent to the property lines as required by the City's Subdivision Regulations for utilities and access. All requirements of the Subdivision Regulations have been met. Staff has received no objection to or public comment regarding this minor subdivision or the variance request thus far. IV. AGENCY REFERRALS All outside service agencies that currently serve the property will continue to serve the property. Any required system improvements and necessary taps and meters will be at the applicant's expense. On Saulsbury St., there are public improvements extending to the south of this property, but no public improvements to the north. The Public Works Department is recommending that public improvements of curb, gutter and sidewalk along Saulsbury St. be a condition of approval. Engineered construction plans for improvements on Saulsbury St. would be required prior to construction. Since there are no public improvements along the east side of Teller St., the Public Works Department will require a Development Covenant and escrow for the Teller St. frontage. A final drainage report will be required to be reviewed and approved by the Department of Public Works prior to any development of Lot 2. The Wheat Ridge Fire District responded to the referral in writing (Exhibit 5). The District expressed no objections to the subdivision plat, but did express service concerns related to the proposed northern facing orientation of a two-family dwelling on the site. V. VARIANCE CRITERIA The Planning Commission is empowered to decide upon a variance when it is concurrent with another process that requires public hearing before Planning Commission. 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? If the request is denied, the property may yield a reasonable return in service and income. The newly created lot would have 94.17 feet of frontage on Saulsbury St. This lot width exceeds the 75' minimum lot width for development of a single family home. Therefore, the property could be developed with a single family home. 2. If the variance were granted, would it alter the essential character of the locality? Approval of this request could potentially alter the essential character of the neighborhood. The adjacent duplex dwellings on the north side do not face Saulsbury St. but face toward a private drive to the north. Any new structure built on Lot 2 will be part of the neighborhood on Saulsbury St. Except for the Happy Landings development, the remainder of the neighborhood is developed with single family residential. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The newly created parcel is rectangular in shape and relatively flat. The lot width of the newly created lot is adequate for a single family home but insufficient for a duplex dwelling. Since the property can be developed with a single family home, the inadequacy of the lot width in permitting a duplex is not a hardship but an inconvenience to the owner. The lot width situation is not unique to this property. There are other R-2 zoned properties in the City which have dimensions that do not meet the requirements for construction of a duplex. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The difficulty has not been created by any person currently having an interest in the property. The current owner had no interest in the property when the original lot was created. However, the minimum lot width of 100' for a two-family dwelling in the R-2 district was existence when the property was purchased by the applicant in 1994. The hardship is self-imposed through the desire to construct a duplex dwelling instead of a single family home. 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? The requested variance, if approved, should have no impact on the amount of light and air to the adjacent properties. The same R-2 setbacks, maximum building coverage and height limitations would have to maintained regardless of whether the property is developed with a single family home or a duplex. A minimal amount of additional traffic would be generated by the additional housing unit, which would not have a substantial increase in traffic congestion. The Fire District has expressed concerns over the ability to service the property based on the proposed building orientation. 6. If criteria a through a are found, 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 the variance request would result in an individual benefit to the property owner. It would not result in a beneficial contribution to the neighborhood or the community. Approval of this request is not expected to result in the reasonable accommodation of a handicapped person. VI. STAFF CONCLUSIONS AND RECOMMENDATION Upon review of the above request, staff concludes that the applicant is subdividing a lot with double frontage into two parcels, creating a new buildable lot fronting on Saulsbury St. The requirements of the Subdivision Regulations have been met and the parcels exceed the lot area and lot width requirements for a one-family dwelling in the R-2 zoning district. The lot width variance would be required to permit construction of a two-family dwelling on the new lot. Staff concludes that the variance criteria are not supportive of the requested lot width variance. Therefore, staff recommends APPROVAL of the minor subdivision plat and DENIAL of the lot width variance. Two motions are required: one for the minor subdivision and one for the variance. VII. RECOMMENDED MOTIONS MINOR SUBDIVISION Option A: "I move that Case No. MS-02-01, a request for approval of a 2-lot minor subdivision in a R- 2 zone district at 3114 Teller Street, be APPROVED for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been exceeded. 2. All requirements of the City's Subdivision Regulations have been met. With the following conditions 1. A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2. 2. Public improvements of curb, gutter and sidewalk shall be constructed along Saulsbury St. 3. Escrow is required in lieu of construction for public improvements along Teller St". Option B: "I move that Case No. MS-02-01, a request for approval of a 2-lot minor subdivision in a R- 2 zone district at 3114 Teller Street, be DENIED for the following reasons: 1. 2. 3." VARIANCE Option A: "I move that the request for a 6' lot width variance from the 100' minimum lot width requirement for a two-family dwelling, be DENIED for the following reasons: 1. The property may be developed with a single family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a two-family dwelling instead of a single family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. Option B: "I move that the request for a 6' lot width variance from the 100' minimum lot width requirement for a two-family dwelling, be APPROVED for the following reasons: 1. 2. 3." W2 ~ = J 1. I ~ ~I ~I A N~W26 .I "I I ~I ~I ~I ~I s s a a x a "I >?I "I el el ml ml ml ml ' ~I' L Q L a a x . § RI s----~ N _ -_s a G °a s - R a GS G5 L NDI mR-1 $ _ R-1 n R ` - ' m a W 31ST PL Z5 1 £ } p 6 m m SUB m Z AyF S - w a m 3ofl5 •,}1... y 6 ~ • • •::r e W n S R g A m m i ~ a $ m m : : : U 9L R 3 , a F- er ➢L R a W ~ ~ ~ a R m ~ R ~ $ ~ p [ Z ~ 13 d m a m o ~ ~ ~ R R „ _ U 2 9 M- AN m 9 1 E21 J W 30TH AVE W 30TH AVE Z 3 0 U N 3 z 0 U z O it W LL LL 0 a 00 z z n R-2 HAYWARD PARK CITY HALL R-2 CUP-95-0 " W LL A ' s E U W 2 AVE OFFICIAL ZONING MAP WHEAT RIDGE COLORADO s xL y IN " 0 aw SIG ~ a U $ PARCEL/LOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) R-2 ~ $ N LU FN R-1 ~n >n 'o SE 26 O [CO 200 500 9W Fe l DEPAKTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revision: September 10, 2001 EXHIBIT 1 i~ ~o I I I J £ I N a< Q I V I W~ h ct iN L I U _ 0 s Y _L v d r Q F i ~ D I V q i r 4 < K a j .n < f4 ~ I I I I I ~I I I i I ti z h A ~ O V h N T 44 2 Q V. O ea Q j 4 in? c b ~a ~ I! I i I I aft k~ EXHIBIT 2 5. APPROVAL OF MINUTES Commissioner McNAMEE requested an amendment on page four to reflect that the motion passed 6-1 rather than 7-1. Commissioner SNOW requested an amendment on page six to incorporate her amendment into the body of the original motion. It was moved by Commissioner MCNAMEE and seconded by Commissioner GOKEY to approve the minutes of June 15, 2000 as amended. The motion passed 7-0 with Chair MACDOUGALL absent. 6. PUBLIC FORUM There was no one signed up to speak before the Commission on unscheduled matters. 7. PUBLIC HEARING A. Case No. MS-00-03: An application for a two-lot minor subdivision and lot width variance for property zoned R-2 and located at 3114 Teller Street. The case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads of the subject property. All pertinent documents were entered into the record and accepted by Vice Chair SNOW. Ms. Austin advised that there was jurisdiction for the Commission to hear the case. The ten criteria used in evaluating variance requests were reviewed. Because of staff's conclusion that the variance criteria did not support the requested lot width variance, a recommendation£or approval of the minor subdivision plat and denial of the lot width variance was given. Staff also recommended that the minor subdivision plat be approved with the condition that public improvements of curb, gutter and sidewalk be constructed along Saulsbury Street. In conclusion, Ms. Austin stated that the only response to the application was received from Alec Garbini of Teller Homes, LLC-Happy Landings. At the request of Vice Chair SNOW, the letter, dated July 5, 2000, was read into the record as follows: Dear Ms. Austin: Thank you for your letter of June 21, 2000 regarding the application for a variance for the property located at 3114 Teller Street. Teller Homes, LLC owns the property located at 3135 Saulsbury Street which abuts the subject property on its north property line. Teller Homes, LLC and Saulsbury Properties, LLLP recently developed the property known a Happy Landings PUD which adjoins the subject property and contains the duplex unit at 3135 Saulsbury Street. Teller Homes, LLC is currently managing the homeowners association which was formed for the four duplex units which comprise the Happy Landings Patio Home Assoc. We recognize the R-2 zoning which exists for the subject property, and do not object to residential uses which conform with that zoning, and meet the required setbacks from neighboring property. Planning Commission July 6, 2000 Page 2 EXHIBIT 3 We are concerned about the width of the lot. We understand that it is approximately six feet short of conforming with the City of Wheat Ridge zone lot requirements. When Happy Landings PUD was designed and submitted to the city it was held to very strict standards regarding lot sizes and density. We would expect the City of Wheat Ridge to uphold those standards and make other applicants meet the same type of requirements imposed on our property. Please call me if you have any questions regarding this matter. Sincerely, Alec Garbini, Member. Commissioner THOMPSON questioned the reasons for requiring curb, gutter and sidewalks when this requirement was not made for Happy Landings. Greg Knudson replied that the same improvements were recommended for the Happy Landings project; however, City Council did not make such a requirement as a condition of its approval. Commissioner COLLINS commented that installation of sidewalks would have necessitated the removal of some large trees along Saulsbury and that drainage concerns were also involved. Albert E. Holland 13633 West 78th Place, Arvada Mr. Holland, the applicant, was swom in by Vice Chair SNOW. He submitted a site plan for his proposed project. He also commented that part of the concern regarding curb and gutter for the Happy Landings project related to the ditch rights of residents in the area. He stated that most houses in the neighborhood are 2,000 square feet on lots less than 10,000 square feet while the subject lot is 17,892 square feet which he believes is too large for a single family residence. He plans a two-car garage for each unit which would alleviate parking on the street. He also informed the Commission that he intends to live on the property and that he had no interest in building a single family residence there. If his plans for a duplex are not approved, he stated his only options would be to sell the property or build a group home. He did indicate, however, that he would not ever build a group home in the location. In speaking with his neighbors, he stated that no one has expressed opposition to his plans. In response to a question from Commissioner THOMPSON, Mr. Holland stated that he plans to build a six-foot privacy fence between his property and the property to the south. In response to a question from Commissioner COLLINS, Mr. Holland indicated that he had no concerns with the recommendation for curb, gutter and sidewalk along Saulsbury. Catherine Dunlap 7160 West 30th Avenue Ms. Dunlap was sworn in by Vice Chair SNOW. She stated her opposition to the application because a duplex does not fit into the character of the neighborhood. She felt that the Comprehensive Plan discourages building duplexes in small areas. Planning Commission Page 3 July 6, 2000 Diane Simmons 7160 West 29th Place Ms. Simmons was sworn in by Vice Chair SNOW. She felt that the desires of the neighborhood opposing commercial development were clearly documented during the development of the Smethill's property, and the granting of this variance would create an unfair balance of commercial property in the neighborhood. Thomas Slattery 6869 West 32nd Avenue Mr. Slattery was sworn in by Vice Chair SNOW. He urged the Commission to vote in accordance with the staff recommendation to allow the subdivision but deny the variance which, if granted, would alter the character of the neighborhood. Mrs. Albert Holland 13633 West 78th Place, Arvada Mrs. Holland was sworn in by Vice Chair SNOW. She stated that their son plans to live in the existing single family residence on the subject property and that she and her husband plan to live in one side of the proposed duplex. They would rent the other half of the duplex. Mr. Holland returned to the podium. In response to a question from Vice Chair SNOW, he indicated that he does not plan any construction for the property if the variance is not granted. Commissioner THOMPSON expressed concern with the number of developments in Wheat Ridge where the sides of buildings are facing streets. It was moved by Commissioner DOYLE and seconded by Commissioner GOKEY that Case No. MS-00-03, a request for approval of a two-lot minor subdivision in an R-2 zoning district at 3114 Teller Street, be APPROVED for the following reasons: 1. The minimum lot size requirements of the R-2 zoning district have been exceeded. 2. All requirements of the City's Subdivision Regulations have been met. With the following condition: 1. Public improvements of curb, gutter and sidewalk shall be constructed along Saulsbury street. The motion passed 6-1 with Commissioner SNOW voting no and Commissioner MACDOUGALL absent. Planning Commission Page 4 July 6, 2000 Commissioner SNOW indicated that she voted against the motion because she felt the lot should be divided equally in order to be more suitable for single family homes on both sides. It was moved by Commissioner THOMPSON and seconded by Commissioner DOYLE that the request for a six-foot lot width variance from the 100-foot minimum lot width requirement for a two-family dwelling, be DENIED for the following reasons: The property may be developed with a single family residence without the need for a variance. 2. The hardship is self-imposed through the desire to construct a duplex dwelling instead of a single family home. 3. There are no unique circumstances attributed to the property that would warrant approval of the variance. 4. Approval of the variance could potentially alter the essential character of the neighborhood based upon the third criteria used in evaluating a variance. 5. The neighborhood has been opposed in the past to additional multi-family developments and this opposition was once again shown at this hearing. 6. The application does not meet the intent of the Comprehensive Plan which designates the area for duplexes only for existing two-family conforming lots and the subject lot is not conforming. The motion passed 7-0 with Commissioner MACDOUGALL absent. (Vice Chair SNOW declared a brief recess at 8:50 p.m. The meeting was reconvened at 9:00 P.M.) B. Case No. ZOA-00-07: An ordinance amending Section 26-6(D)(3) of the Wheat Ridge Code of Laws relating to Temporary Use Permits Alan White presented this case. He reviewed the staff report. The Planning Commission earlier requested that the Planning Department look into changing the regulations for temporary use permits. Three options for code changes were presented to the City Affairs Committee. Their recommended option was to amend the section on one-year temporary uses, buildings and signs, to delete all references to temporary uses. Temporary uses for up to one year would not be allowed. One-year TUP's for only buildings and signs would still be allowed but no Planning Commission Page 5 July 6, 2000 0 z W z O , CW y oo N ~ C Lu ~ m r 2 0 cn W z = 0 p co L Z a U N co X: J O LU 0 _ ~K m 0 m m c 0 a Q z F- z N ~ i a ~ W U) a a J a 0 m z O w o M M M I ~ i n a ~e 11 D D i C I V r O N M d" CO r--: co W r EXHIBIT 4 WHEAT RIDGE FIRE DISTRICT "Dedicated To Serve Through Excellence" P. O. Box 507 • 3880 Upham St. • Wheat Ridge, CO 80034 • 303-424-7323 • Fax 303-940-0350. January 16, 2002 To: Mary Austin Planner City of Wheat Ridge" Wheat Ridge, Co. 80033 Subject:: Request for Fire Department approval of Case Number MS-02-01, a 2-lot Minor Subdivision Plat and a 6' lot width variance to allow a 2-unit dwelling on the eastern lot, " located at 3114 Teller Street: Dear Mary, This letter is reference Case Number MS-02701, a request for a minor subdivision plat and a 6' lot width. variance to allow a 2-unit dwelling on the eastern lot, located at 3114 Teller Street, Wheat Ridge, Colorado: The Fire Department has no objections to the request for the minor subdivision; however, the Fire Department does have a concern regarding the placement of a 2-unit dwelling on the property, should both requests be approved. Unless the front of the dwelling is positioned facing Saulsbury Street, the fire department Will Not be able to adequately provide service to the property due to set back requirements. Set back requirements and building size will exceed the departments' ability to effectively fight a fire and or provide proper medical assistance due to excessive distances away from the street. If the front of the building is allowed to face North or South, turn radius access requirements and access onto the property will not be sufficient for the emergency vehicles to leave the paved street. Therefore, the dwelling unit should, be required to face East and front on Saulsbury Street. If there are any questions concerning this issue, I can be contacted at 303-403-5902, or Pager number 303-687-7336. Thank you for your help and consideration regarding this matter. Respectfully; 4~~ ave Roberts F.M., W.R.F.P.D. EXHIBIT 5 ry 1 i CENTER CORNER SEC7i0N 26 'R T 1 3 1/2' BRASS CAP IN RANGE PO! N7 BOX LS 13212 - - - - r f/ - - - - - 1 ~S- ~.i, - I NC~LLAND ~ u~Q v~ ~ so M A PART O BEING A RESUBDIVISION OF A PaRT14N 4F LOT 2; BLOCK 2, M T OF THE SOUTHEAST ONE-QUARTER OF SECTION 26, TO~UNSHIP 3 SOUTH, RANGE 69 WES CITY OF WHEAT RIDGE, JEF~ERSON COUNTY, COLORADO i 3 T _ _ _ N 89°53'36"W 2637.8Q' / _ 1293.90 - - - - - ~ - - fV L e t y~ O 0 EAST I/4 CORNER SECTION 26 , 2' PIPE IN RANGE POINT BOX O O M~ ~ r1' 1 EXISTING UTILITY f z ~ ~.OT 3~ NAPPY La 3~ SUBDIVISIQN ! WE, OF T ` DESC A TR I THRE SUBD DESC COMM ~ TOWN THEN ~ 4NE- ON T • S . O(3 °i N~RT .1 TY EASEMENT ~ ~ CARN { cn ~ BOOK I4? PAGE > WE, A.E. HOLLANa AND MARLIN R. HOLLAND, BEING THE OWNERS OF THE RELiL PROPERTY QF 0.6$fi ACRES DESCRIBED AS FOLLOWS: MAYOR'S CERTIFICATION: y DESCRIPTION: THiS IS TO CERTIFY THAT THE CIT ~i ~ 127.23 ' ~ ~ ~ EXISTING A TRACT OF LAND LOCATEDIN THE SOUTH ONE-QUARTER 4F THE NORTH THIS DAY OF 2pp THREE-FIFTHS 4F THE WEST ONE-HALF OF LpT 1, BLOCK 2, BARTN'S SUBDIVISION, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, ATTEST: Wa 3 N! = W ~Q~REMAGN DESCRIBED AS FOLLOWS: ~ ~ ~ i0 COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 26, CITY CLERK TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; Cr m ~ ~ N THENCE N.89°53'36'W. ,4L4NG THE NORTN LINE OF THE SOUTHEAST - s~ 4NE-QUARTER OF SAID SECTION 26, A DISTANCE OF 1293.90 FEET TO A PO{NT APPROVALS: V J ON THE NORTHERLY EXTENTION 4F THE WEST I.iNE OF SAID SOT I; THENCE S.O~°01'26'W. ALONG 5AlD THE WEST LINE OF SAID LOT 1 AND !tS N O J ~ I Nt3RTHERLY EXTENTION A DISTANCE OF 3!3.71 FEET TO THE NORTHWEST PUSLiC SERVICE COMPANY j__. I m 1-~- tlt ~ ~ CQRNER 4F THE SOU7N ONE-CtUARTER OF THE NORTH THREE-FiFTHS OF SAID 4F COLORADO LOT ! AND THE TRUE PO►NT 4F 6EGlNNtNG. THENCE CONTINUING S.Ofl°01'2~i"W ALONG SAID'WEST LINE A DISTANCE 4F 94.26 FEET 70 A POINT ~ n 252.50 FEET NORTH OF THE S4UTHWES7 CORNER OF SAID LOT is THENCE  APPURIENANGES THERETO IT BEING EXPRESSLY UNDERSTOOD AND AGREED LOT 1 PARRY MI ~'"~rl tt } w~nh i n~° ~ n w r~nt~ ~ t , ,9nn ~ BY THE UNDERSIGNED THAT AI.L EXPENSES AND COSTS INVOLVED IN ' SUBDIVISION CONSTRUCTING AND INSTALLING SANITARY SEWER SYSTEM WORKS AND LINES, GAS SERVICE LINES, ELECTRiCA~ SERVICES WORKS AND LINES, STORM I BOQK 60 PAGE Y - i SEWERS AND pRAlNS, STREET LIGHTING, GRADING AND LANDSCAPING, CURBS, GUTTERS, STREET PAVEMENT 51DEWALKS AND OTHER SUCH i~~ UTILfTlES AND SERVICES SHALL BE GUARANTEED AND PA1p FOR BY THE SUBDlVIRER OR ARRANGEMENTS MADE BY THE SUBQIVIDER THEREFOR WNICH ARE APPROVED BY THE CITY OF WHEAT RIDGE, AND SUCH SUMS . _ SHALL N07 BE PA{D BY THE~CITY OF WHEAT RIpGE, COLORADO, AND THAT r ~ ~r Af~{Y I TEM S4 Ct3NS~'Rt1C3EE3. ~R _ I MS.~~4LlED WHEN ACCEPTED 8Y TNE_ C t TY OF WNEAT RIpGE SHALL BECOME ?HE SOLE PROPERTY OF SAID CITY EXCEPT NOT--ICE. ITEMS OWNED BY MUNIC{PALLY FRANCHISED UTiIiTiES AND14R THE U.S. ACCORDING T4 COLORADO l.AW, YOU WEST COMMUNICATIONS CQMPANY WHfCH ITEMS, WHEN CONSTRUCTED OR BASED UPON ANY DEFECT IN THIS S INSTALLED, SHALL REMAIN THE PROPERTY OF THE OWNER AND SHALL NOT FIRST DISCOVER SUCH DEFECT. IN BECOME THE PROPERTY OF THE CITY. ANY DEFECT IN TMIS SURVEY BE C0 THE DATE OF THE CERTIFICATION S OWNERS: ~ ~ ~ ~ ~ ~ D _ i I SCALE I`- 44' s r Lt T ~ . A. E. HOLLAND MARLIN R. HOLLAND fE 1 L.2 13633 WEST 78TH PACE 13633 WEST 78TH PLACE '1 F ARVADA, COLORADO 80005 ARVAQA, COLORA00 80005 303-432-933f3 303-432-9334 y l~ F-> 1 c i J COUNTY OF JEFFERSON ) SS: STATE OF C4l.ORADO ? SOUTH II4 CORNER SECTION 26.2 I12'CAP IN RANGE P01NT SL1X S T'NE FaREG01NG INSTRUMENT WAS ACKNOWLEDGED BEFtJRE ME THIS t ~ S' LS I32f2 i DAY OF 24G~ BY Q. E. HOLLAND AND MARLIN R. H4Ll.AND. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES NOTARY PU6LiC 1 W s.. 't . 4b 0 20 40 60 I i . ~ ; VICINITY MAP Y t fir. I ~s~ u a w . 2~v~a P . iL A J cr~ r a v~ CiTG' m i a W ~ SCALE s - - soo RECORDER'S CERTIFICATION: RECEPTION NUMBER THIS DOCUMENT ACCEPTED FOR FILIN FILING IN THE OFFICE THE COUNT CASE HISTORY CLERK AND RECORDER OF JEFFERSON /1~ P`t'y! l T V AV P%^} ~f-Ll rti . rti THE DAY OF 20C PROJECT H200-I J PREPARED BY: LANE ENGINEERING SERVICE, INC. PREPARED 5/5/2042 _ W 29TH` PL`. 9504 WEST 14TH AVENUE, LAKEWOOD, C0 80215 TEL: (303) 233-4042 FAX: (303) 233-0796 T t s 7500 West 29th Avenue The City of Ridge FAX 303/235-2857 January 24, 2002 Dear Property Owner: This is to inform you that Case No. MS-02-01 which is a request for approval of a 2-lot minor subdivision with dedication and a lot width variance for the purpose of building a two-family structure on property located at 3114 Teller Street and zoned Residential-Two will be heard by the Wheat Ridge Planning Commission in the Council Chambers of the Municipal Building at 7500 West 29th Avenue. The meeting will be held on February 7, 2002, at 7:30 p.m. As an area resident or interested parry, you have the right to attend this Public Hearing and/or submit written comments. Please contact the Planning Division at 303-235-2846 if you have any questions or desire to review any plans. Thank you. Planning Division. eApImning\fo ms\pubno[ic.wpd a m?I N W ` v ~ c m a .u m H ~ ~ u d l j 9 w 'y u ~ a ~ m c 2 m NI 0 d Q_' ' 0 C 7 I I I R' > 0' a 3 0 m N rn o ~ = d ' N O 0 0 a N u w L O N pv c E y o ` r a - # v 0 0 0 0 0 0 0 0 0 0 0 oN o x a 0 0 0 0 0 Q m 5 U v 0 O _ R N d 6 N C ~O ¢ ~O N ~O L ~O N t0 N V q C C. C N N Y O m O O C NO ANO U O JNW N. O OaGO V) N C O = N N . O Na0 O C O T(00 N T W d 0 O N U U N C N U x O 2.70 m O N U 2 J U C V; U O Z 3 U d ` N N d`wU dU N uLU d 2. 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O O J N O V (n p~ Odp •-0 No o NO 0 #O d N o ~O a ` -'m m d o-NO C m ~O -(n = O J N mm N o O dU r-om d m L mU _N 0 Um0 2NU ~mU 0c°O U M-0 m L m m 0) `ma U O ~ my Q ~ Of KOS6 m 0I ow FT .-di m o=U = W - d C) 2 o (L - r Q U fn 41' M 9 U M W:D Of N V `y j t00 Z`(.1 N Y N IO d._ N m M O W N M Z m M N s N m M N O N N M O a V O ' f.1~ M L Q. .C Z Q Z r y M t r ~ s ifJ U U1 -6 NL~ L a= to C N O Q W ? Q -m 2 0 Q . - O. w o N . w cU Uw y E m d m m t°'o m O1 m 0 m o n O w N N N m T W N a v ~D a v v a v v O p v ~ a m v m v m m m m rn 0 W m m rn m W O a E o 0 0 0 0 0 0 0 W V o 0 0 0 o 0 m 0 m 0 m 0 m I- > z o o m Q Q W ZO n n n r r n n n W = 0 LL N 03: z a Z Ur~~ a ~I : MetroScan / Jefferson (CO) : ) Owner :Knapp Charles LE11en S - Parcel : 021548 Site :3113 Teller r St Wheat Ridge 80215 Xfered : 04/18/1997 Mail :3113 Teller St Wheat Ridge Co 80215 Price : $89,000 Full Use :5112 Res,Apartments,lmproved Land Phone 41 A Bedrm: Bath: TotRm:l YB:1908 Pool: B1dgSF: c:. 2,718 MetroScan / Jefferson (CO) : Owner :Allen Jefferson C/Vernus M Parcel : 021902 Site :3055 Teller St Wheat Ridge 80215 Xfered : 10/12/2000 Mail :3055 Teller St Wheat Ridge Cc 80215 Price Use :1112 Res,Improved Land Phone : 303-239-6137 Bedrm: Bath:2.25 TotRm: YB:1958 Pool: B1dgSF: 1,719 Ac: * • MetroScan / Jefferson (CO) : Owner :Dieckman Mark L Parcel : 021958 Site :3015 Saulsbury St Wheat Ridge 80215 Xfered : 01/10/1990 Mail :3015 Saulsbury St Wheat Ridge Co 80215 Price : $91,500 Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 . TotRm: YB:1955 Pool: B1dgSF: 1,175 Ac: * • MetroScan / Jefferson (CO) ' Owner :Chipps Martin J/Rebecca L Parcel : 022078 Site :3020 Saulsbury St Wheat Ridge 80215 Xfered : 10/25/1995 Mail :3020 Saulsbury St Wheat Ridge Cc 80215 Price : $119,950 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.75 TotRm: YB:1955 Pool: B1dgSF: 1,112 Ac: * • MetroScan / Jefferson (CO) ' Owner :Boroos Martin W Parcel : 022149 Site :7200 W 31St PI Wheat Ridge 80215 Xfered Mail :7200 W 31St Pl Wheat Ridge Cc 80215 Price Use :1112 Res,Improved Land Phone : 303-202-6008 Bedrm: Bath:1.00 TotRm: YB:1955 Pool: B1dgSF: 1,101 Ac: * • MetroScan / Jefferson (CO) : Owner :Hinst Irene Alexandra Parcel : 022189 Site :3120 Saulsbury St Wheat Ridge 80215 Xfered : 12/29/1994 Mail :3120 Saulsbury St Wheat Ridge Co 80215 Price use :1112 Res,Improved Land Phone :303-239-8674 Bedrm: 3 Bath:1.75 TotRm: YB:1957 Pool: B1dgSF :2,297 Ac: * : MetroScan / Jefferson (CO) : Owner :Guenther Halina Parcel :022217 Site :7205 W 31St 21 Wheat Ridge 80215 Xfered :10/27/2000 Mail :7205 W 31St Pl Wheat Ridge Cc 80215 Price :$179,900 Full Use :1112 Res,Improved Land Phone Bedrm: 3 Bath:1.00 TotRm: YB:1959 Pool: B1dgSF :1,643 Ac: * • MetroScan / Jefferson (CO) : Owner :Reynolds Marguerete B Parcel :022541 Site :3040 Saulsbury St Wheat Ridge 80215 Xfered :09/09/1989 Mail :PO Box 866 Wheat Ridge Co 80034 Price - Use :1112 Res,Improved Land Phone :303-431-7449 Bedrm : Bath:1.50 TotRm: YB:1956 Pool : BidgSF :1,668 Ac: • MetroScan / Jefferson (CO) : Owner :Rubey Tracy L Parcel :022542 Site :3025 Saulsbury St Lakewood 80215 Xfered :04/06/1994 Mail :3025 Saulsbury St Lakewood Co 80215 Price :$122,000 Use :1112 Res,Improved Land Phone Bedrm :3 Bath:l.75 TotRm: YB:1955 Pool : B1dgSF :1,239 Ac: * • MetroScan / Jefferson (CO) : Owner :Polich Patricia D Parcel :022771 Site :3030 Saulsbury St Wheat Ridge 80215 Xfered :02/04/1999 - Mail :3030 Saulsbury St Wheat Ridge Cc 80215 Price Use :1112 Res,Improved Land Phone :303-232-4751 Bedrm : Bath:1.00 TotRm: YS:1954 Pool : B1dgSF :1,167 Ac: * • MetroScan / Jefferson (CO) : Owner :Holland Albert E/Marlin R Parcel :022901 Site :3114 Teller St Wheat Ridge 80215 Xfered :03/08/2000 Mail :N/Avail Arvada Cc 80005 Price Use :1112 Res,Improved Land Phone Bedrm :4 Bath:2.50 TotRm: YB:1922 Pool : B1dgSF :1,312 Ac: Information compiled from various sources. Real Estate Solutions makes no representations : MetroScan / Jefferson Owner :Cupples Nancy A Site :3130 Teller St Lakewood 80215 Mail :3130 Teller St Lakewood Co 80215 Use :1112 Res,Improved Land Bedrm:l Bath:1.75 TotRm: YB:2000 Pool MetroScan / Jefferson owner :Heinlen Sharon R Site :3135 Saulsbury St Lakewood 80215 Mail :3145 Saulsbury St Lakewood Co 80215 Use :1112 Res,Improved Land Bedrm:2 Bath:1.75 TotRm: YB:2000 Pool MetroScan / Jefferson Owner :Haley Belle Jean Site :3140 Teller St Lakewood 80215 Mail :3140 Teller St Lakewood Cc 80215 Use :1112 Res,Improved Land Bedrm:3 Bath:1.75 TotRm: YB:2000 Pool MetroScan / Jefferson Owner :Teller Homes Llc Site :3145 Saulsbury St Lakewood 80215 Mail :2316 Eudora St Denver Cc 80207 Use :1112 Res,Improved Land Bedrm:3 Bath:1.75 TotRm: YB:2000 Pool Parcel :204536 Xfered :01/21/2000 Price :$198,500 Phone B1dgSF :1,259 (CO) Parcel :204537 Xfered :01/31/2000 Price :$200;000 Phone B1dgSF :1,259 (CO) Parcel :431280 Xfered :03/17/2000 Price :$259,000 Phone Ac:.17 AC: .12 B1dgSF:1,904 Ac:.ll (CO) : Parcel :431281 Xfered :01/10/2000 Price Phone B1dgSF:1,904 Ac:.17 Information compiled from various sources. Real Estate Solutions makes no representations • Met=Scan / Jefferson (CO) : Owner :Dcp Cc _ Parcel : 022454 Site :3060 Teller St Wheat Ridge 80215 Xfered : 07/19/1990 Mail :3060 Teller St Wheat Ridge Co 80215 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.00 TotRm: YB: 1924 Pool: B1dgSF: 2,028 Ac: * : MetroScan / Jefferson (CO) : Owner :Dcp Cc Parcel : 154414 Site :*No Site A ss* Xfered : 06/12/1990 Mail :3060 Te er St Denver Co 80215 Price Use :1111-1.acant,Residential Phone Bedrm: / Bath: TotRm: YB: Pool: B1dgSF: Ac: * : MetroScan / Jefferson (CO) : owner :Saulsbury Properties Lllp - Parcel : 431278 Site :3195 Saulsbury St Wheat Ridge 80215 Xfered : 03/26/1999 Mail :1546 Cole Blvd #227 Golden Cc 80401 Price Use :5112 Res,Apartments,Improved Land Phone Bedrm: Bath: TotRm:l YB: 2000 Pool: B1dgSF: 12,151 Ac:1.10 Information compiled from various sources. Real Estate Solutions makes no representations I >z w w J 3 0 V R-2 A t9 N 3 N HAYWARD PARK CITY HALL I W We AVE W. 2M AVE. i R-2 CUP-95-1 M12 1 ~W ~ a o ~o HE a g e• m rv u- R~ ~ oa-o13 3~-2-0a-bia 0// OFFICIAL ZONING MAP (DESIGNATES OWNERSHIP) WHEAT 1 RIDGE - WATER FEATURE COLORADO DENOTES MULTIPLE ADDRESSES 3 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION). SE 26 0 100 ® co Pmt mw aw l N W ~WXEq)q m DEPAPTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOPMENT Last Revi5l0n: September 10, 2001 NOTICE OF PUBLIC MEETING Notice is hereby given that a Public Meeting will be held before the City of Wheat Ridge PLANNING COMMISSION on February 7, 2002, at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to attend the public meeting. The following petition shall be heard: Case No. MS-02-01: An application by Albert Holland for approval of a 2-lot minor subdivision plat with dedication and a lot width variance for the purpose of building a two-family structure on property located at 3114 Teller Street, zoned Residential-Two (R-2) and legally described as follows: A TRACT OF LAND LOCATED IN THE SOUTH ONE-QUARTER OF THE NORTH THREE-FIFTHS OF THE WEST ONE-HALF OF LOT 1, BLOCK 2, BARTH'S SUBDIVISION, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE N. 89°53'36" W. ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 26, A DISTANCE OF 1293.90 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1; THENCE S. 00°01'26" W. ALONG SAID THE WEST LINE OF SAID LOT 1 AND ITS NORTHERLY EXTENSION A DISTANCE OF 313.71 FEET TO THE NORTHWEST CORNER OF THE SOUTH ONE-QUARTER OF THE NORTH THREE- FIFTHS OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S.00°01'26"W. ALONG SAID WEST LINE A DISTANCE OF 94.26 FEET TO A POINT 252.50 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE S. 89°55'14" E. PARALLEL WITH THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 317.23 FEET TO A POINT ON THE EAST LINE OF THE WEST ONE-HALF OF SAID LOT 1; THENCE N. 00°01'22" E. ALONG THE EAST LINE OF SAID WEST ONE- HALF A DISTANCE OF 94.17 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE-QUARTER OF THE NORTH THREE-FIFTHS OF THE WEST ONE-HALF OF SAID LOT 1; THENCE N. 89°54'20" W. ALONG THE NORTH LINE OF SAID SOUTH ONE- QUARTER A DISTANCE OF 317.23 FEET TO THE TRUE POINT OF BEGINNING. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: January 24, 2002 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Telephone 303/ 235-2846 The City of Wheat Ridge DATE: January 2, 2002 The Wheat Ridge Department of Community Development has received a request for a 2-Lot Minor Subdivision and a Lot Width Variance for the property described below. Your written response regarding any comments on this proposal would be appreciated by January 25", 2002 . No -response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-02-01 LOCATION: 3114 Teller Street REQUESTED ACTION: A 2-lot Minor Subdivision Plat and a 6' lot width variance to allow a 2-unit dwelling on the eastern lot. PURPOSE: Create a new buildable lot fronting on Saulsbury Street for development of a 2-unit townhome. APPROXIMATE AREA: 29,888 square feet (0.68 acres) Issues for consideration include the following: The adequacy of public facilities or services provided by your agency to serve this development. • The availability of service lines to the development. • The adequacy of capacities to service the development. • The ability to provide service to this proposed development subject to your agency's rules and regulations. • Specific easements that are needed on this or any other document. • Any comments which would affect approval of this request by your agency. Please reply to: Mary Austin, Planner ` Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XXX Water District (Consolidated Mutual) XXX Sanitation District (Wheat Ridge) XXX Fire District (Wheat Ridge) Adjacent City XXX Excel Energy XXX Qwest Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. Jeffco Health Department XXX Jeffco Schools Jeffco Commissioners XXX AT&T Broadband XXX WHEAT RIDGE Post Office XXX WHEAT RIDGE Police Department XXX WHEAT RIDGE Public Works Dept. XXX WHEAT RIDGE Park & Rec Commission XXX WHEAT RIDGE Forestry Division XXX WHEAT RIDGE Building Division WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" r 7500 West 29th Avenue the Clty of Wheat Ridge, Colorado 80 ':Wheat Rid Telephone 303/ 235-2846 ~ 'i ' " l 9e r l ~a f DATE: January 2, 2002 k / The Wheat Ridge Department of ~ 'eu\zlopment has received a request fora 2-Lot Minor Subdivision and a Lot Width Variance for the property described below. Your written response regarding any comments on this proposal would be appreciated by January 25`". 2002 . No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: MS-02-01 JAN 0.7 2002 LOCATION: 3114 Teller Street REQUESTED ACTION'. A 2-lot Minor Subdivision Plat and a 6' lot width variance to all a 2-unit dw lling on the eastern lot. PURPOSE: Create a new buildable lot fronting on Saulsbury Street for development of a 2-unit townhome. APPROXIMATE AREA: 29,888 square feet (0.68 acres) Issues for consideration include the following: The adequacy of public facilities or services provided by your agency to serve this development. The availability of service lines to the development. _ • The adequacy of capacities to service the development. • The ability to provide service to this proposed development subject to your agency's rules and regulations. Specific easements that are needed on this or any other document. Any comments which would affect approval of this request by your agency. _ Please reply to: Mary Austin, Planner - ~ Department of Planning & Development Fax: 303/235-2857 DISTRIBUTION: XXX Water District (Consolidated Mutual) XXX Sanitation District (Wheat Ridge) XXX Fire District (Wheat Ridge) Adjacent City XXX Excel Energy XXX Qwest Communications State Land Use Commission State Geological Survey Colorado Dept. Of Transportation Colorado Div. Of Wildlife Colorado Dept. of Natural Resources Denver Regional Council of Governments Scientific and Cultural Facilities Dist. Metro Wastewater Reclamation Dist. Jefferson County Planning Dept. XXX XXX XXX XXX XXX XXX XXX XXX VA11 s Jeffco Health Department U Jeffco Schools Jeffco Commissioners AT&T Broadband c WHEAT RIDGE Post Office WHEAT RIDGE Police Department WHEAT RIDGE Public Works Dept. WHEAT RIDGE Park & Rec Commission WHEAT RIDGE Forestry Division WHEAT RIDGE Building Division WHEAT RIDGE Economic Development Fairmont Homeowners Association Prospect Recreation District Urban Drainage and Flood Control Dist. Regional Transportation Dist. Denver Metro Major League Baseball Dist. "The Carnation City" JEFFCO PUBLIC SCHOOLS Building Bright Futures PLANNING COMMENTS JEFFERSON COUNTY SCHOOL DISTRICT NO. R-1 EDUCATIONAL SERVICES CENTER 1829 DENVER WEST DRIVE P. O. BOX 4001 GOLDEN, COLORADO 80401-0001 SUBDIVISION NAME: Holland LOCATION: 3114 Teller St DATE: Jan. 14, 2002 STATUS: PP Number and Type of Dwelling Units: 2 THU Total phone: 303-982-6755 fax: 303-982-6804 ht4):/204.98.1.2/property/ Dwelling Units Elementary Yield Middle Yield Senior Yield Total Yield 2 THU .34 .14 .12 .60 TOTAL FROM THIS PROPOSAL: 1 Elementary 0 Middle School 0 Senior High 1 Total It is estimated that costs to provide classroom facilities for the students anticipated from this proposed development will be $14,485. Currently students from this proposed development will attend: Stevens Elementary School - 4001 Reed St, Wheat Ridge 80033 Wheat Ridge Middle School - 7101 W 38th Ave, Wheat Ridge 80033 Jefferson Senior High School - 2305 Pierce St, Edgewater 80214 The present capacities and enrollments for these schools are: ENROLLMEN T CAPACITY 10/01 02103 03104 CPC NEW ADDN NEW PC PERM DESIGN CAP TEMP BLDG TOTAL CAP Stevens 470 476 473 513 0 513 567 0 567 Wheat Ride MS 456 460 475 448 0 448 560 0 560 Jefferson 768 770 765 762 0 762 896 0 896 CPC - Current Program Capacity represents the number of student spaces that are available if there are no temporary buildings at the school. NEW PC - New Program Capacity the CPC+the New Additions Capacity. This represents the number of student spaces that will be available at the school when additions or additional spaces are constructed from the 1992 Bond Issue. PERM DSGN CAP - Permanent Design Capacity One way the school was built) Total CAP -Total Capacity is the Permanent Design Capacity plus the capacity of the temporary building(s). NOTE: These are estimates from School District comp° s and may be subject to change. , Property Management Department 1829 Denver West Drive, Building #27 Golden, GO 80401 ISO 9001 Our Mission: To provide a quality education that prepares all children for a successful future. Page 2 Comments Holland Subdivision, PP, 2 THU SCHOOL DISTRICT PLANNING COMMENTS: The School District would request fees in-lieu-of land dedications for this plat based on the Jefferson County Land Development Regulations. Any fees in-lieu-of amounts would be held in escrow accounts for future application by the School District in accordance with our procedures and the Jefferson County Land Development Regulations. Sincerely, oa ehc o~ ully Property Management /Jp xc: Irene Griego Patty Goward Ann Applewhite George Diedrich Central Transportation 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Telephone 303/ 235-2846 FAX 303/235-2857 The City of Wheat Ridge January 25, 2002 Albert Holland Holland Construction 13633 W. 78" Place6364 Newland St. Arvada, CO 80005 Dear Mr. Holland: The proposed subdivision plat with corresponding lot width variance has been reviewed for compliance with the City's Code of Laws. Based on the review of internal departments and outside agencies, the following comments have been submitted. Planning & Development Department: General Comments a. Please correct the year under certifications to read 2002 instead of 2000. b. Please add the following case number to the case history box: MS-02-01. Public Works Department: See attached memo from Michael Garcia, Development Review Engineer. A red-lined plat is also included. 2. See attached memo to Steven Lister, P.L.S. from Michael Garcia, Development Review Engineer. 3. See attached subdivision memo from Dave Brossman, City Surveyor. Wheat Ridge Fire Protection District: See attached letter from Dave Roberts regarding their review comments. Wheat Ridge Sanitation District: See attached letter from William Brown, P.E. for the Sanitation District. Consolidated Mutual Water: See attached letter from Michael Queen regarding their review. Police Department: See attached memo from Officer Gregor which outlines his crime prevention recommendations for consideration at time of development. For clarification on any of these issues, please feel free to contact any of the Development Review Committee members: Planning & Development Mary Austin 303-235-2852 Public Works Mike Garcia 303-235-2868 Traffic Engineer Steve Nguyen 303-235-2862 Since right-of-way dedication is required along Saulsbury St., 2 public hearings will be required, one before Planning Commission and one before City Council. This case has been scheduled for public hearing before the City of Wheat Ridge Planning Commission on February 7, 2002 at 7:30 p.m. Please submit sixteen (16) copies of the full-size plat document and one copy of an 11 "x17" reduction by noon on Friday February 1, 2002. Sincerely, Mary Austin, Planner Planning & Development cc: Mike Garcia, Development Review Engineer Project File S~ If, 71311' , MEMORANDUM Approved Date TO: Mary Austin, Planner FROM: Michael Garcia, Development Review Engineer Al DATE: January 28, 2002 SUBJECT: MS-00-03; 3114 Teller Street The Public Works Department has reviewed the Planning Department referral dated January 2, 2002 forthe above referenced site, and has the following continents: The proposed Final Plat has been forwarded to the Dave Brossman, P.L.S. for review. Subsequent comments will be forwarded in writing to Mr. Steven D. Lister, P.L.S. of Lane Engineering. 2. Typically, curb, gutter, and walk would be required by the Public Works Department for the lot frontage along Saulsbury Street. However, further clarification will need to be provided because ofthe Council motion passed on February 22, 1999 that did not require public improvements to be constructed for the adj acent subdivision, Happy Landing Apartments at 3195 Saulsbury Street. 3. We will require that 5 feet right-of-way dedication be given on Saulsbury Street. 4. The Final Plat will need to be recorded with Jefferson County no later than ninety (90) days after the execution of the Subdivision Improvement Agreement. 5. We will need a final drainage report, drainage plan, based upon the City's drainage criteria, and prepared by a Colorado licensed professional engineer. A grading and erosion control plan will also be required for review and approval. 6. We will need a completed Application for Minor Dumping/Landfill Permit, along with fees due. In conjunction with the requirements ofthis permit, an erosion control plan will need to be submitted for review and approval. 7. We will need, ifpublic improvements are required on Saulsbury, engineered constructionplans based upon the City's street construction plan criteria, and prepared by a Colorado licensed professional engineer. This condition is for the public improvements required to be constructed along the Saulsbury Street frontage only. 8. Prior to recording the Final Plat and ifpublic improvements are required, an irrevocable letter of credit, in which the City is designated as beneficiary, for one hundred twenty-five percent (125%) of the total cost.of the Saulsbury Street proposed public improvements, will need to be submitted by the developer/owner to serve as guarantee for the value ofthose public improvements (as determined by the itemized cost estimate prepared by the project's civil engineer-of-record), that are required to be constructed per item 7 above. A Development Covenant and escrow, in lieu ofthose public improvements required along the Teller Street frontage, will need to be submitted prior to issuance ofthe first building permit for this site. The estimate for the cost of these improvements will be provided by the Engineering Department. 10. The terms of Section 5.20 - Street Width Designation - of the City Charter, will need to be satisfied by the developer for the proposed Union Court right-of-way dedication. cc: Alan White, Planning & Development Director Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor File ms-00-03.mem 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 January 28, 2002 Mr. Steven D. Lister, P.L.S. Lane Engineering Services, Inc. 9500 W. 14th Avenue Lakewood, Colorado 80215 Re: 3115 Teller Street - First Review Comments of Subdivision Plat Dear Mr. Lister, I have completed the first review of the above referenced document for the Holland Subdivision received on December 31, 2002, and have the following comments: Drainage Study (Discussion) Not submitted for review. Drainage Study (Appendix) Not submitted for review. Drainage Plan(s) Not submitted for review. Grading & Erosion Control Plan Not submitted for review. Street Construction Drawings Not submitted for review. Subdivision Plat 1. Please indicate the width of the utility easement along Teller Street (west line of Lot 1). 2. Correct typographical errors in Note 5. Any questions related to these plat corrections can be addressed to Mr. Dave Brossman, P.L.S. at 303-235-2858. Subdivision Improvement Agreement Upon City Council approval of the Final Plat, a Subdivision Improvement Agreement will need to be executed by the project owner/developer. Application for Minor Dumping/Landfill Permit Prior to the commencement of any onsite grading, an Application for Dumping/Landfill Permit, along with fees due will need to be submitted for review and approval. Traffic Engineering A copy of the Street construction plans will be forwarded to the City's Traffic Engineer, Mr. Steve Nguyen, P.E., 303-235-2862 for review. Public Improvements Cost Estimate & Guarantee Prior to any construction commencing for the required public improvements within the Saulsbury Street right-of-way, an itemized engineer's cost estimate will need to be submitted for review and approval. Upon acceptance of this estimate, a letter of credit reflecting total costs of the approved cost estimate plus 25%, will need to be submitted by the owner/developer for review and approval. Right-o£-Way Construction Permit(s)/Licensing Prior to any construction of the public improvements, the necessary right-of-way construction permit(s) and respective licensing will need to be submitted for processing by the City. Please return all red-lined prints with the second submittal. If you have any questions, please contact me at 303-235-2868. ~Sincerely, Michael Garcia Development Review Engineer cc: Greg Knudson, City Engineer Steve Nguyen, Traffic Engineer Dave Brossman, City Surveyor Mary Austin, Planner File (3) 3115tellerplatreview l .ltr UEDIUISIDL~T IIENIO AND CONTACT RECORD CONTACT NUMBER: 1 DATE RECEIVED: December 31,2001 DATE REVIEWED: January 16,2002 SUBDIVISION NAME: Holland Subdivision SURVEYOR: NAME: Steven D. Lister, P.L.S. Lane Engineering Service, Inc. ADDRESS: 9500 W. 14th Avenue Lakewood, CO 80215 PHONE: (303) 233-4042 FAX: (303) 233-0796 CITY REPRESENTATIVE: DAVID F. BROSSMAN, P.L.S. REMARKS: 1: Please indicate the width of the utility easement along Teller Street (west line of Lot 1). 2: Correct typographical errors in Note 5. 3: 4: 5: 6: 7: 8: 9: 10: PLEASE RETURN ALL REDLINES WITH NEXT SUBMITTAL. ENGINEER REPRESENTATIVE: Steven D. Lister, P.L.S. REMARKS: The above comments are as of the date reviewed and may not reflect all comments from other departments or review agencies. You may respond to these comments by phone or fax. Please contact us prior to submitting new prints so that we may inform you if there are any additions or corrections that need to be made. WHEAT RIDGE FIRE DISTRICT 'Dedicated To Serve Through Excellence" P. O. Box 507 3880 Upham St. • Wheat Ridge, CO 80034 • 303-424-7323 • Fax 303-940-0350. I 1 i January 16, 2002 _ To: Mary Austin Planner City of Wheat Ridge Wheat Ridge, Co. 80033 i i Subject: Request for Fire Department approval of Case Number MS-02-01; a 2-lot Minor Subdivision Plat and a 6' lot width variance to allow a 2-unit dwelling on the eastern lot, located at 3114 Teller Street: Dear Mary, This letter is reference Case Number MS-02701, a request for a minor subdivision plat and a 6' lot width. variance to allow a 2-unit dwelling on the eastern lot, located at 3114 Teller Street, Wheat Ridge, Colorado. The Fire Departmenthas no objections to the request for the minor subdivision; however, the Fire Department does have a concern regarding the placement of a 2-unit dwelling on the property, should both requests be approved. Unless the front of the dwelling is positioned facing Saulsbury Street, the fire department Will Not be able to adequately provide service to the property due to set back requirements. Setback requirements and building size will exceed the departments' ability to effectively fight a fire and or provide proper medical assistance due to excessive distances away from the street. If the front of the building is allowed to face North or South, turn radius access requirements and access onto the property will not be sufficient for the emergency vehicles to leave the paved street. Therefore, the dwelling unit should be required to face East and front on Saulsbury Street. If there are, any questions concerning this issue, I can be contacted at 30340375902, or Pager number 303-687-7336, Thank you for your help and consideration regarding this matter. Respectfully; 4aave"Roterts F.M., W.R.F.P.D, HCL Engineering & Surveying, LLC January 9, 2002 111 Ms. Mary Austin, Planner Department of Planning & Development The City of Wheat Ridge Q 7500 West 29°i Avenue Wheat Ridge, CO 80033 r: Re: 3114 Teller Street a ~t Case No. MS-02-01 Dear Ms. Austin: This letter is in response to your request for confirmation service for the above parcel. of sanitary sewer It is the District's understanding that the property is entirely within the boundary and service area of the Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation District is provided by the Metro Wastewater Reclamation District (Metro). The existing buildings at 3114 Teller Street are being served by District facilities in Teller Street. Service to the proposed lot created by this action would presumably be via an existing 8-inch sanitary sewer main located in Saulsbury Street. Service to the new parcel will be subject to the assessment of both Wheat Ridge Sanitation District and Metro tap charges. The subdividers and/or developers may be required to extend sewer lines to their project sites and/or share in the cost of providing additional capacity to serve their projects. In addition, you should be aware that the District requires approval of plans for sewer service connections, determination of the associated tap fees and payment therefor, as well as inspection of construction by the District's Engineer. If you have any questions regarding this communication, please call us. Very truly yours, William K. Brown, P.E. Engineer for the Wheat Ridge Sanitation District cc: District Office 7901 E. Belleview Ave. Ste 230 • Englewood, CO 80111 • Phone (303) 773-1605 • Fax (303) 773-3297 ONSOLIDATED mutual water 'D- .0-1 January 07, 22994 Mary Austin, Planner City of Wheat Ridge Department of Planning and Development 7500 West 29t1' Avenue Wheat Ridge, Colorado 80033 Re: Case Number MS-02-01 - 2-Lot Minor Subdivision and a Lot Width Variance at the Property Located at 3114 Teller Street. Dear Ms. Austin: This will acknowledge receipt of your correspondence dated January 2, 2002 regarding the above referenced property. Please be advised that the above referenced property is in an area served by The Consolidated Mutual Water. Company by virtue of a' Distributor's Contract with Denver Water. Domestic water service may continue to be provided to this property subject to compliance with the Company's rules, regulations and requirements for such service as well as the water tap allocation policies as established by Denver Water. The Company requires that a new application for water service be completed by the owner and returned to the Company at the time there is a change in use. The Company considers a remodel or building addition as a "change of use." The Company's rules, regulations, and requirements state that each separate structure be served by a separate tap and meter, and in order to receive domestic water service, the property must also front a Company' main. Consolidated further requires that a duplex have a separate water tap and meter for each unit within the duplex, regardless of ownership. Our records -indicate that the property addressed as 3114 Teller Street is currently receiving domestic water service from the Company through a 5/8-inch meter (CMWCo Tap Number 321 /Account Number A-02921). THE CONSOLIDATED MUTUAL WATER COMPANY - - 12700 West 27th Avenue • P.O. Box 150068 Lakewood, Colorado 80215 Telephone (303)238-0451 • Fax (303)237-5560 - I Mary Austin, Planner City of Wheat Ridge Department of Planning and Development January 07, 2002 Page 2 i i i Fire protection requirements should be obtained from West Metro Fire Rescue, and those requirements forwarded to this office by the Fire District at the earliest possible time. We can then determine if additional system improvements would be required to meet the demands set forth by the Fire District. If you should have any questions or comments regarding this correspondence, please contact this office. Sincerely, i i i i Mic ten Executive Vice President i /cc cc: Dave Abbink, Chief Fire Marshall, West Metro Fire Rescue Walter Welton, CMWCo President Greg M. Stroeder, CMWCo Water Distribution Manager John M. Allen, CMWCo Project Engineer l I I ~ Z Q z y IL m 6 sr tt Y t k z _ _ " " - , " 'is 3Oa31d I i ' 3 k r s 3 a '8 n S Ig W -ao~W '8 n .k S k z I r - 3 S y - S N tl l I I H 3 I a -3 k - a I J b my ...v i O - - " " ~N p-----.~.. - 9 >,vno I i 9 •1S n w 4i r : LS Atlnb 4 n o n 6 j h w ° -b A-W-I V- Q I ' OS N3 N31gOW .1 y I § W \ I F a e N w h } Y • e I Q _v s i Ig It s w m 2 y ~ y w 9 Q ' i ..1 to o r p nusv - 1 i N k - ® \ Y. e 1 p n o33a i s is e T~ c n p 4 - as H 3 w " I " l F ur O 5° k~! t ` ° v 6 N '1S Aa ntls r S p g t m \1\ o k o C-4 N t ye 9 It - - N - " g o v ~ v a3-n31 I D. m k ' j i t 1 I a S H 1 a V 8 3 v' g _ m ;y I 47 . 6 > Q Q ~I al fn Q I I ~ s ~ I O 9 \ 1 ' _ O] ' " - y ..m N Y § g r N J J W I~ 4 y . - } .w R. - lanoa > " '1S WtlHdn : 1 m ^ Y YiVHdn a f, m I i 'mom. y Y _ ells S,NVI133as ? I 3 ~i Y k v3 - 1 ° l .6 e i 6 } ZO a i mv n 3 I v~ y • s 6 e I, S > 3ONVA l 1S 30NVA 8g Ig G Yy~e a31se3 .y .3 le omw 0 a 7 1 o 5 Is 9 §y 8 € !s sa t i 'u e -I se ~ _ g~ I lij I!j ry l °z III I i l € ~N s s s W N TO Planning and Development FROM Officer L. Gregor Police Department SUBJECT Case No:MS-02-01 DATE January 17, 2002 I have reviewed the plans for the above listed site. Please consider the following recommendations while developing this site: LANDSCAPE: 1. All mature trees to be trimmed of branches up 6'-8' from the ground to allow for natural visual observation from surrounding areas to the parking lots and building. 2. All shrubs and bushes mature height to not exceed 36". This height reduces the risk of persons hiding. It also allows for natural visual observation onto the property both for the parking lot and building. 3. Plants/landscape immediately next to the building should be low-growing ground cover, not to exceed 18" mature height to allow for maximum natural visual observation and eliminate concealment for potential offenders. 4. Ground cover should not include rock material. Rocks can be used to break windows in the buildings and cars. Consider using natural products such as bark or mulch. BUILDINGS: 1. The building finish should be with an anti-graffiti paint or sealant. FENCING: 1. Consider using wrought iron fence instead of cedar. By putting up a wrought iron fencing around the property, you will minimize the chance of vandalism, graffiti and climbing. The initial investment in the fence will be higher, however the long term pay of by not having to repair the fence will be greater. SITE: 1. During construction, the property should be clearly posted with "No Trespassing" Page 1 of 1 signs. This may help deter trespasses, and allow the Police Department to cite offenders with the crime along with any others offenses that may be committed by trespassers. LIGHTING: 1. Exterior lighting around the buildings and in parking lots should be a minimum of 1.5 candle minimum maintained. This will provide for brightly lit areas that discourages criminal activity due to the illusion/ perception of observation and recognition. From these plans, I have no further recommendations at this time. Revisions in the plans, may alter my recommendations. While my recommendations do not guarantee a crime-free environment, it has been experienced that application of the concept of Crime Prevention Through Environmental Design (CPTED) will reduce the opportunity for crime to occur and will enhance the quality of life. Please consider these suggestions while developing this property. Thank you. Les Gregor Police Officer Multi-Housing Unit Page 2 of 2 MetroScan / Jefferson Schedule :022901 Bldg :1 of 1 Parcel :39 264 02 002 S :26 T :03S R :69W Q :SE Owner :Holland Albert E/Marlin R CoOwner Site :3114 Teller St Wheat Ridge 80215 Mail :N/Avail Arvada Co 80005 Xfered :03/08/2000 Doc # 25680 Price Deed :Warranty Loan Amt Loan VestType :Tenants In Comm Int Rt Lender Land Use :1112 Res,Improved Land Sub/Plat :Barths Blk&Lot :BLOCK 2 LOT 1 Neighbad :0405 : AssdLand :$5,600 AssdStrc :$11,620 AssdTotl :$17,220 ActlLand :$61,250 ActlStrc :$127,000 ActlTotl :$188,250 PrYrLnd :$4,330 PrYrStr :$9,630 PrYrTotl :$13,960 PrActlLnd :$98,900 PrActlStr :$44,400 PrActlTotl : % Imprvd :67 % Owned :100 2000 Tax :$1,166.72 Tax Dist :3142 OwnerPhn Pierson :20 B Census Tract :107.01 Block :7 Bedrms :4 Total SF . :1,312 - Year B1t 1922 LotAcre Bathrms :2.50 BSmtSF :1,126 Style LotSgFt TotalRm : Porch :Multiple Units :1 Parking :Detached Cooling Porch SF 324 Fireplce ParkgSF :420 Heating . Deck SF Pool Jacuzzi Information compiled from various sources. Real Estate Solutions makes no representations _y ^ RECEPTION NO. 94164380 iS.50 J RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 10/13/94 13:20 - - - WARRANTY DEED it RECOaur'.R s sTASU' Ir THIS DL:RD, made uti. 5th day of October . w94 1 A heuveen HELEN WESTON i ij of the "Counn•of Jefferson "ad dale of 'I~ CldnlaJu. grantors), and A. E. HOLLAND and HARLIN R. HOLLAND i / f~O ~t whist Ixeal addmss is 13633 West 78th Place, Arvada, Colorado 80005 +~1 f' of the Couil Jefferson and Stale of Coiorado. grantees: 'I l1 WMNESS,that the granwgs). for and in consac.alionot lhcalnun One Hundred Thirty Five Thousand and no/LOOths ($135,000.00)------------------------------------------------ DOLLARS. Ind. receipt zad >uflieiency of which is hereby acknmvlcdeed, has er nneJ, hargained, sold and unnveyed, and by' these prt>ents I. I' r\ i~ Jo es grant, bargain. sell. conveyand confirm unto the pranmc>. their heirs and assigns foreser. na in tenancy in camnall! hat in joint tcua+q'. all Elie real property together with improsenrms, if any. Innate. lying and being in the Count) n j of Jefferson and State of Colorado, described a. tellrosl I i; l Al II Q 1i 'I I F ~ r ll ~f~rn U I. I I I i~ i! I South quarter (SI/4) of the North three-fifths of the Nest half (W1/2) of Lot One (1), Block Two (2) Earth's Subdivision, more Partin +'ly described as follows: Commencing at a point situated 252.50 feet north of the Southwest corner of said Lot One (1), thence cast 317.15 feet, thence north 94.64 feet, thence west 317.15 feet, thence south 94.66 feet to point of beginning, also described as the South 1i4 of the North three acres of the West half (W1/2) of NW quarter of the NE1/4 of the SE1/4 Section 26, Township 3 South, Range 69 West, County of Jefferson, State of Colorado :dso kuo..n by street and number as 3114 Teller Street,~Lakndood, -Colorado 80215 '[001C111ER akh all and singular (he hereddameW, and appme:,..+:oes Thereunto belonging, in, anywise apperlahdug, th• I issues :md pmlits IhereuL and ;dl the ealae, right. title, inicresl. clahn and remainder and millan im. tens nd re,mons v sion I _ , , a re er demand s. h0!ssnver of the gramor(s). either in haw or equip. Ea. in :w' n the above bargained premises, with the he odaamcntE w+d appal':: nsntt:. '10 RAVE %ND'1'O HOLD the said premises above ha rent and Je-.mixii. Iitl,. the sppngcnnnve%. um++ Ih•: -Invitees, lair her and assigns fo t,%r, And the grantogs), for her self her hells and Iwr,cEml re,icota liwl d,es L+.,:.. glant. bdrgaill and YIeri to alld will, the grantees. their I:. .-and BSVgft, llml the WnC or lilt CrIeabag and .1,hlerV ,•I Ill%1, presents she is will se¢eJ uCthe prenu>e>ab .e. , Ia s pad sate. perfeel. ub alute and Ij I v, I of mhentalm in Lae In fee ample, and has good right.fll: fu.,, r."J h: rul aothnnr' +n,un 'ng n.sel!Enl' n-sd .:nn manner End turn, dlvesaid. and Elba lilt same are free :nlJ Ocar fl,". ell onocr and +•dmr trans. hagma= 'A". iicns. ta•.: encnuuhmnces and rcatriulions of ahafever kind or namrc .,cret, exeepl general irises; for Lhe year a»eeantna " . 1994, reservations, restrictions, covenants, and rights nf. wa: of record, and subject to distribution utility casements ,including c:.''!:' 'I V1, and huildjry! and* a ! The erarao,( )shall road will WAR1tAN'f ANU I ~)IlF\ LR DuH Nil Ihr .nhnn. hut; ha t I and Ian,:''++ j , pos>esmon of d e grantees. their heir and assigns dgnin.r all '.md cu++ post ' ur psx n; li e v - I or e, a, i thereof. IN kNTl NESS W HF.RE,.OF the gr n[und ha a eacamed thn Jed on the J.[r •.e 6.10.16..,, - m - ' 0i C 2 t' HELEN WEST6 N Ilia SIM F: Of COO}LE)RAD0 County of The foregoing instriamul was :eknw::edaed behind n,c Ellis by HELEN WESTON. day ut October . 19 94 . \fk'commissiun E%[.4St'6L 0 - lJ . 19 R'imrss an hill and WL..,n xaL - : t`. ✓'a l ,1 r r ; Elm` .'oF ali`t\ It . u:.:+:'-r'It and` ~,~d:::.+en^•orl'm>nOatlne c::.•+R..:.J traa Dtaripien 14 a9J1106.!,CR.SJ im.C00476 !-KU1 OGr24o ;veal t vi 3m000480 (1600X1200x24bjpeg; 5 4 I~w im0,1,0478(969ux420024'b 7 s I 4I ~ f ~ i t° imD0047J {5660x1 Z00~96 oeai ir000474 (16DW201X24bj peg' r S s?v004721;$uGX12GOQ4b)peg) Y im000475(1800x?200,24b;p.U) t , ~j 6- m ~ ,d s E U LAKEWOOD OFFICIAL ZONING MAF NHEAT RIDGE COLORADO MAP ADOPTED: June 15, 1994 DEPARTMENT OF PLA VIN6 AND DEVELPHM - 21x1852 W. 26TH Ave. - ZONE DISTRICT BOUNDRY PARCEL/LOT 50114DRY (DESIGNATES OWNERSHIP) CITY LIMIT LINE WATER FEATURE DENOTES MULTIPLE ADDRE55E5 SF 2~:) o x w® SCALE r=nOo d' R R g O 1$ Y~ a 2NO a x Zeta fv R - 2 iL e r . V R L:\0RAWINGS\PLANNING\OS\SE26 SU6DI V ISION, CITY Oi WHEAT RIDGE. JEFFEESON QOUNTY.~COLO6AD0~ DESCRIBED AS FOLLOWS,. - ONE-QUARTER THEN N W T T P 6 H RINCIPAL MERIDIAN:. 3 SOU H, RANGE 69 NSHIP TO ' COUNCIL CERTIFICATION: THENCE -N.89-53'36-W.. ALONG THENORTH LINE OF THE SOUTHEAST - - - - ONE-QUARTER OF SAID SECTION 26.A DISTANCE OF 1293.90 FEET TO -A POINT T THIS IS TO CERTIFY THAT THE CITY OF WHEAT RIDGE, COLORADO BY': n o ? „ -~e ON HE NORTHERLY EXTENTION OF THE WEST LINE OF,SAID LOT I: THENCE 00'01'26-W ALONG SAID THE IRE LINE OF SAID LOT I AND IT 5 MOTION OF ITS CITY COUNCIL DID ON THUS_ DAY OF 2000. . S T E - ADOPT AND APPROVE THE WITHINPLAT AND ACCEPT THOSE DEDICATIONS, - I m - NOR H RLY IONA DISTANCE OF 313.71 FEET TO THE - ST ES E HEREON MADE. v N - ? 15TINO UTILITY EASEMENT N AID TNIR OAND F THE O IRU E NORTH TLDNEINHFNS OF P_R.0 ZONING 8.00'01'26'W ALONG SAID WEST LINEEEEEE p DISTANCE 'OF`94.26 FEET TO A POINT - MAYOR LOT3- HAPPY LANDINGS I I LOT I HAPPY L ANDINGS J I 9 iIAPPY LANDINGS I w NORTH OF SOUTWRLTNE OFSSAIDLIOTII TgEDISTANCE ATTEST: - SUBDi VISION - SUBDIVISION SVBDIVISION - ; OF 317 23 FEET TOIA POINT ON THE EAST LINE AF-THE 'WEST ONE-HALF OF PI m 1 BOOK 197 PAGE 6 1 1800tt 149. PAGE 6 I, BOOK 147 PAGE 6 . . SAID = I NCE OF 117 F E O T O THEA 1 W N OA CITY CLERK - 9 89'54'20'W A E R T T R NEHALF DISTA 94 ST ER OF THE THE N SOUTH ONE-QUARTER OF THE NORTH THREE-FIFTHS OF THE-WEST -ONE-ALF - ' oI =133,61'- f_ 8 W mo - I$ SOUTNIONE T 1: THENCE ER16TANCE40F 3W1.23 REETryTONTHEITRUEEP01NTA0E APPROVALS: EXISTING- i - - n . I w°m o ° i BEGINNING mi 018ENAI _ w ~m i z W a x T N w I 8' UTILITY °a ; m I HAVE LAID OUT SUBDIVIDED AND PLATTED SAID LAND AS PER THE rv 77 -L J N EASEMENT T o DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF. HOLLAND SUBDIVIS ON UB IV O P < _ ~ I - - LOT 2 I r m f. n I p S I ISI N OF A ART OF THE CITY OF WHEAT D RIDGE COLORADO. AND BY THESE PRESENTS DO DEDICATE TO THE USE OF THE CITY OF WHEAT RIDGE AND ALL MUNI IPALLY O O OF PUBLIC WORKS NDEDEVELOPMENTNNING DIRECTOR A 9 - . 16,825 SO.FT, u m C WNED AND/ R C H I AND SERVICE THOSE PORTION$ OF SED UTILITIE - c LM 4 a LOT 1 a - J yo S U SD J¢ 12.595 SO ° FTI 1 5' UTILITY. R-2 ZONING m 'I RIGHTS-OF-WAY FOR THE CONSTRUCTION INS ALL TION OPERATION ' N ,m We z EASEMENT I $ w , T A . . MAINTENANCE, REPAIR AM REPLACEMENT FOR ALL SERVICES. INCLUDING SURVEYOR S. CERTIFICATE: a I-m r R-2 ZONI NG W HHOUT' LIMITING THE GENERALITY OF THE FOREGOING, TELEPHONE AND ELECTRIC LINES WATER PIPELINES SANITARY SEWER LINES STREET LIGHTS . LISTER, DO HEREBY CERTIFY THAT THE SURVEY EVEN D. OF THE N _ - 133.6f - ' - - ' --178.62'- - - `o..o , , , . CULVERTS HYDRANTS. DRAINAGEDITCHES AND DRAINS AND ALL - PPUR ANCE I T BOU DARY THE HOLLAND SUBDIVISION. WAS MADE UNDER MY SUPERVISION, RESPONSIBILITY AND CHECKING ON MARCH 9; 2000, AND TO I S 09. 55 -19'E 3R.2J' - A TEN S HERETO. T BEING EXPRESSLY UNDERSTOOD AND AGREED THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. AND IN ACCORD - LOLL PARRY MINOR 2 LOT PARRY MINOR BAR TH'S SUBDIVISI I ON a I CONSTRUCTING3ANDEINSTALLING SANITARY SEWER SYSTEM WORKS AND APPLICABLE COLORADO STATUTES. CURRENT REVISED. EDITION, AS AMENDED SUBDIVISION 801VISIOH ' t tm - LINES. GAS SERVICE LINES, ELECTRICAL SERVICES WORKS AND LINES, STORM i BOOK 60 PAGE 28 I 8001(. 60 PAG I E 28 _ ' I AND LANDSCAPING, ERS. NT IS OU S GUT B S E T EP EM W L RA HE N EXISTING B UTILITY EASEMENT oz oa T R S TR E KS T N IDE AV E A UTILITIES AND SERVICES SHALL BE GUARANTEED AND PAID FOR BY THE RD N R- 2 ZONINU OVEDG E CITY HE DGE E UCHOS R STEVEN D LISTER -ej UMS WHICH ME APPR AND AT RI OF W THE BY S , REGISTEpED LAND SURVEYOR - SHALL NOT BE PAID BY THE CITY OF WHEAT RIDGE, COLORADO. AND THAT - COLORADO NUMBER 16837 - - ANY ITEM $O CONSTRUCTED OR INSTALLED WHEN ACCEPTED BY THE CITY 9500 WEST 14TH AVENUE ' ncr I (T S O D B NIC ALLY, AN H R TIL T R NDI CT S PT COLORADO 80215 LAKEWOOD WNE C I A Y MU ISED //OR EN IP FR HE U. IES U . - 303 233 9042 WEST COMMUNICATIONS COMPANY WHICH ITEMS, WHEN CONSTRUCTED OR - I - I PROPERTY OF THE OWNER AND SHALL NOT ESTALLED, O E OER E NOTICE: - - - VR B P C THE RTY ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL 'ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU OWNERS; FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON SCALE-• 40 ' ANY DEFECT IN THISSURVEY BE COMMENCED MORE THAN TEN YEARS FROM - THE DATE OF THE CERTIFICATION SHOWN HEREON. A E HOLLAND MARLIN R HOLLAND . . . 13633 WEST 78TH PLACE 13633 WEST 78TH PLACE 'a - - ARVADA, COLORADO 80005 ARVADA. COLORADO 80005 1 303-432-9330 303-432-9330 e J S 90.00'00-E 2638_22' - - _ - _ - - - COUNTY OF JEFFERSON I STATE OF COLORADO 1 SOUTH 1/9 CORNER SECTION 26.2 I/2-CAP - - V THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS IN RANGE POI - NT BOX V / DAY OF 2000 By A. E. HOLLAND AND MARLIN R. HOLLAND. LS 13212 - - SOUTHEAST CORNER SECTION 2 " 6 - 3 1/2 BRASS CAP IN RANGE WITNESS MY HAND AND OFFICIAL SEAL - POINT BOX LS 23047 MY COMMISSION EXPIRES NOTARY PUBLIC - p _ ADDRESS - 100 0 10 40 60 NOTES: - - - I. 5/8 INCH DIAMETER REBAR WITH CAP STAMPED 'L ANE ENO 5RV INC 16837- . SET AT POINTSHOWN THUS:• 2 BRASS WASHER STAMPED -AEGIS LS 9655 RECOVE RED AT POINT SHOWN I, VICINITY MAP W. SITE F Rool- THUS: O. 3: REBAR WITH CAP STAMPED 'AEGIS LS 9655' RECOVERED AT POINT SHOWN THI - PLATHISBTHESASSUMPTIONETHATGTHE OUTH LINE DERTHE SOUTHEASTF THIS ONE-OUARTER OF SECTION 26 BEARS 5 90'00'00'E. 5. EIGHT FOOT (8') WIDE UTILITYEASEMENTS ARE HEREBY GRANTED ON PRIVATE PROPERT. ADJp1 CENT TO THE FRONT AND REAR LOT LINES OF EACH LOT IN DEDICATEDEFORTHEI INSTALLATIONTEMAINTENANCESEANDBREPLAQNENT OF UTILITIES SHALL ALSOI BEOPENMITTEDAWITHININYMACCESSI EASEMENTS (ANDS N> PRIVATE STREETS IN THE SUBDIVISION. PERMANENET STRUCTURES AND WATEI METERS SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEENTS. 6. THE CURRENT ZONING OF THE PROPERTY IS R-2. SCALE I'• SOD' PREPARED BY: LANE ENGINEERING SERVICE. INC. 9500 WEST 14TH AVENUE, LAKEWOOD', CO 80215.. RECORDER '5 CERTIFICATION: RECEPTION NUMBER THIS DOCUMENT ACCEPTED FOR FILING IN THE OFFICE OF THE COUNTY E -CASE HISTORY - CLERK AND RECORDER OF JEFFERSON COUNTY, AT GOLDEN. COLORADO, ON THE _ DAY OF , 2000, AT'_ O'CLOCK '_•w, M. 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N 300 ! L . t x TEL A 1 233 FAX, (303) 233-0796 REVISLD 4/03/2002 t x 1 MAW i O~NHEgr LAND USE CASE PROCESSING APPLICATION - cf weeq. PO Planning and Development Department = P 7500 West 29" Avenue, Wheat Ridge, CO 80033 c c o Phone (303) 235-2846 cet oRPO° OC ORP~ (Please print or type all information) 303 -r! ~ Phone yz 3'o y 3 ~ 13 6 33 s, 9 e Applicant Address ~ City d4/1 LI A a'fq State (,2,X Zip geca -25 - Fax 03 3 Zj?: -o V3j-- OwnerX/ x7 E a e l Q 4~6/Address i J/ 3~ 7 7 g ~C Phone Ci ty State K&V/o Zip_,~?~- Fax Contact -5 ee' oe Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hewing.) Location of request (address)://~ T lle 2 ST Type of action requested (check one or more of the actions listed below which pertain to your request.) Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Consolidation Plat Subdivision: Minor (5 lots or less) ❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots) ❑ Interpretation of Code ❑ Preliminary ❑ Final ❑ Lot Line Adjustment ❑ Right of Way Vacation ❑ Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval KVariance/Waiver (from Section ) ❑ Zoning Ordinance Amendment ❑ Other: Detailed description of request: 511 7'Z ? Required information: Assessors Parcel Number: Size of Lot (acres or square footage):Z7_aZZ•-3.0 Current Zoning: R - Z Proposed Zoning: 2- _ Current Use: s~ ✓a..n r~ tv C Proposed Use: ~~si ann i~ G 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 p w r-of-attomey from the owner which approved of this action on his behalf. Signature of Applicant Subscribed and sworn to m9/thisd/ day of (,.,t~J , 20 G Nothry Public My commission expires t t ~ 5`D~subw Date received a Fee $ ors R e pt No. Case No. fJ'f S= (~a r^~ Comp Plan Desig. Zoning 2 Quarter Section Map--'~ZF ` Related Case No.t~S-O0- b3 Pre-App Mtg. Date Case Manager Au sy'r ?ff 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2846 Ridge FAX 303/235-2857 January 3, 2002 Albert Holland A. E. Holland Construction Co. Inc. 13633 W. 78"' Pl. Arvada, CO 80005 Dear Mr. Holland: This letter is to inform you that your application and check for $850 for a two-lot minor subdivision with lot width variance have been received in our office. The fees for this land use application total $1,060 which leaves a balance due of $210. Please see breakdown of the fees below: Minor Subdivision (with dedication Application Fee $ 500 Plus $30/lot created for single family residence (2 lots) $ 60 Publication/Public Notice Fee $ 300 Variance (lot width) Application Fee $ 200 Publication/Public Notice Fee waived Total $1,060 Y Amount received - $ 850 Amount due... $ 210 d/ (c Payment is due upon receipt. Enclosed is a copy of our fee schedule. Please feel free to contact me at 303-235-2846 if you have any questions. Sincerely, - Kathy Field Planning Secretary Enclosure: fee schedule imm./Residentiat Construction Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App:Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: Case Disposition: Project Planner: ustin File Location: F ctive Notes: Follow-Up: MS0201 ! Quarter Section Map No. Holland" Related Cases: FA. E. Case History: Holland ]Albert & Marlin R. 13633 W. 78th PI. Review Body: rvada, CO 80005 303-023.0436 s APN' ame " 2nd Review Body: ame 2nd Review Date: ame Decision-making Body: 3114 Approval/Denial Date: eller Street Wheat Ridge, CO 80033 Reso/Ordinance No.: SE26 IMS0003 -lot minor subdivision ith dedication 39-264-02-002 CC CC Conditions of Approval: District: 1' Date Received; 1/212002_ Pre-App Date: 1 F WHEgJ City of Wheat Ridge Planning and Development Department Memorandum ° °R TO: Albert E. Holland FROM: Mary Austin, Planner SUBJECT: Subdivision and Lot width variance for property at 3114 Teller St. DATE: June 5, 2000 The proposed subdivision plat and lot width variance application has been reviewed for compliance with the City's Code of Laws. Based on that review, I have the following comments: 1. Subdivision Plat a. Case # MS-00-03 needs to be entered in the case history box. Zoning for the subject property (R-2) needs to be shown on the plat. c. The 5 foot street dedication on Saulsbury St., as required by Public Works, needs to be shown and dedicated on this plat. Since public right-of-way dedication is being required, the plat requires final action by City Council in addition to Planning Commission review. d. Signature blocks for Public Service Co., US West, and the Parks and Recreation Commission should be deleted as they are not applicable in this plat. e. Since City Council action is required, the approval certification blocks need revision. Please see attached sheet titled "Appendix C continued" and follow the format for Planning Commission and City Council certification and approvals. Easements of eight (8) feet along each rear lot line are required and should be depicted graphically on the plat. The existing structure cannot be located within this 8 foot easement. Note #5 should be replaced with the language from Public Service Company (see attached memo). g. See attached memo from Mike Garcia, Development Review Engineer, Department of Public Works. h. See attached memo from John McGuire, City Surveyor. He has forwarded information and a red-lined plat document directly to Lane Engineering. 2. Lot Width Variance a. Preliminary examination of the criteria used to evaluate a variance request does not appear to afford a staff recommendation of approval for the lot width variance being requested. Of course, final decision will be made by the Planning Commission in conjunction with the plat. Without an approved lot width variance, the newly created lot would meet the requirements of a single family lot and could be used as such. Please revise the plat document according to the above comments. Since right-of-way dedication is required along Saulsbury St., 2 public hearings will be required, one before Planning Commission and one before City Council. This case will be scheduled for public hearing before the City of Wheat Ridge Planning Commission on July 6, 2000 at 7:30 p.m. In order to remain on the agenda, revised drawings need to be submitted by Wednesday, June 21, 2000. Please submit sixteen (16) copies of the full-size plat document and one copy of an 11 "x17 reduction.