HomeMy WebLinkAboutMS-07-04City of
~Theat~idge
COMMUNFCy DEVELOPMENT
City of Wheat Ridge Municipal Building
December 29, 2008
Brian Johnson
13997 W. 22"d Avenue
Golden, CO 80401
Dear Mr. Johnson:
7500 W. 29ih Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
This letter is in regard to your request for approval of a two lot minor subdivision with lot width variance
for property located at 3516 Jay Street (Case Nos. WA-07-25 and MS-07-04).
The initial application was filed with the City Community Development Department on July 5, 2007.
The last activity on the application was a public hearing in front of Planning Commission on March 6,
2008 where the case was continued until May 15, 2008 and subsequently continued to a date uncertain.
Since that time, there has been no activity on your request.
It is departmental policy that if no action occurs on an open case file within one hundred twenty days, the
case can be closed. Subsequent action on the property will constitute a new application with new fees
required.
Please contact me at 303-235-2848 if you have any questions.
incerely,
Meredith Reckert, AICP
Senior Planner
c: Alex Schatz
305 W. Cleveland Street
Lafayette, CO 80026
www. ci.w h eatri dge.co. u s
T
City of
W heat ridge
- CO61MUNM DPV at I-NT
City of Wheat Ridge Municipal Building 7500 W. 29'n Ave. Wheat Ridge, CO 80033-8001
COURTESY NOTICE
May 5, 2008
Dear Property Owner:
P: 303.235.2846 F: 303.235.2857
Please be advised that Case No. MS-07-04, a request for a two-lot minor
subdivision with a lot width variance for property located at 3516 Jay Street, has
been continued to a date uncertain. When a new public hearing date has been
established, publishing, posting and letter noticing will occur.
If you have any questions or desire to review any plans, please contact the
Planning Division at 303-235-2846. Thank you.
Planning Division.
ms07O4.doc
www.6.wheatridge.co.ns
WILDE H D
BT JRKHARDT JAKE E KARR RODNEY D
WILDE MARTHA B
3650 JAY ST KARR DONNA
3596 INGALLS ST
WHEAT RIDGE CO 80033 7444 450 S GARRISON ST
WHEAT RIDGE CO 80033 7434
LAKEWOOD CO 80226
VIGIL ROBERT E INGALLS WILLIAM W
3665 HARLAN ST INGALLS GENEVA G JOHNSON BRIAN
WHEAT RIDGE CO 80033 7425 9490 VANCE CT 13997 W 22ND AVE
BROOMFIELD CO 80020 GOLDEN CO 80401
LEO Q ANDERSON REVOCABLE
CARVER VANE
TRUST
STALEY MELODY A
CARVER THERSA J
MILDRED A ANDERSON REVOCABLE
6151 W 35TH AVE
6735 W 31ST AVE
TRUST
WHEAT RIDGE CO 80033 7408
WHEAT RIDGE CO 80214
3550 INGALLS ST
WHEAT RIDGE CO 80033 7434
CASTILLO MERCEDES M
LEO Q ANDERSON REVOCABLE
LAMKIN KENNETH R
CASTILLO PATRICIA
TRUST
MILDRED A ANDERSON REVOCABLE
SEEDS SUSAN C
3655 HARLAN ST
TRUST
6147 W 35TH AVE
WHEAT RIDGE CO 80033
3530 INGALLS ST
WHEAT RIDGE CO 80033 7408
WHEAT RIDGE CO 80033 7434
WONNING EARL R
NORMAN GARY & CONNIE JHYREE
FAES JAMES R
WONNING JUDITH C
BURKEPILE TRU
6215 W 35TH AVE
1980 TAFT DR
6285 W 35TH AVE
WHEAT RIDGE CO 80033 6406
LAKEWOOD CO 80215
WHEAT RIDGE CO 80033
BERRY KAREN A KILLION KIET A FLAGEOLLE JEROME J
BERRY DAVID A 3555 HARLAN ST 6160 W 35TH AVE
6275 W 35TH AVE WHEAT RIDGE CO 80033 7423 WHEAT RIDGE CO 80033 7409
WHEAT RIDGE CO 80033 6406
DAVIS KEITH D BRAKE MICHAEL R FORNEY KATHY T
DAVIS JUDITH E BRAKE DIANE Y FORNEY JOHN C
1060 ALKIRE ST 6075 W 35TH AVE 6200 W 35TH AVE
GOLDEN CO 80401 4212 WHEAT RIDGE CO 80033 7406 WHEAT RIDGE CO 80033 6407
RUSSELL ALLEN E JOJOLA LUCY R WHITE JANET M
9391 W LA SALLE AVE 3447 HARLAN ST
LAKEWOOD CO 80227 2964 6001 W WHEAT 35TH RIDGE AVE E 8003 WHEAT RIDGE CO 80033 7421
FAES JOHN P
STEADMAN JAMES J HILL MARTIN D
FAES GERALDINE T
STEADMAN MARY LOU 6210 W 35TH AVE
6205 W 35TH AVE
6154 W 35TH AVE WHEAT RIDGE CO 80033
WHEAT RIDGE CO 80033 6406
WHEAT RIDGE CO 80033 7409
DUGGAN JAMES O FLAGEOLLE GERALD J DAHLSTROM JASON C
6138 W 35TH AVE FLAGEOLLE LAURA M 3407 HARLAN ST
WHEAT RIDGE CO 80033 7409 6160 W 35TH AVE WHEAT RIDGE CO 80033 7421
WHEAT RIDGE CO 80033 7409
SANDOVAL MARY ANN CERRONE LEE JONATHAN P
6090 W 35TH AVE LEE HEATHER L H CRAFT VELMA M
WHEAT RIDGE CO 80033 7407 3490 JAY ST 3405 HARLAN ST
WHEAT RIDGE CO 80033 7440 WHEAT RIDGE CO 80033 7421
JIMENEZ DANIEL
LUEVANO MARIE
6246 W 35TH AVE
WHEAT RIDGE CO 80033
HOOK NATALIE M
3401 HARLAN ST
WHEAT RIDGE CO 80033 7421
LIMON DEBRA
3424 KENDALL ST
WHEAT RIDGE CO 80033
GILMORE DON DAVID
GILMORE SUSAN EDO
3363 JAY ST
WHEAT RIDGE CO 80033 7438
,1t
O
1
O
1
'
U)
73
,max
W
~
0
co
o
0
D
^
,
N
_
N
O
E
2)
Q
p
M
O
Z
ca
U
. 2
N ~
CT
a
- r- v -
O N ~ o
y--
o N a)
~ caU'o c~
ca ~ ~ ca
o~ ° o
a
~o
Q > Q
U
U
~
a~
a-0 N
U Q
cyp)
(a O
O
Ca L
~ O
0 N U
U)
C6
L.~ N
Cfl p O
d: N Z
(6
0)
co
O
L
_rZ
f-i
(D
U)
M
O
N
U
N
0
a~
0 L
C: >1
O
N Ca
4-j
U) N 4'
~
0 -0 C:
O O -O
U)
O U
X > 0
O 4-0
Q U)
-
0 (D a) -o
- N
(D 'U) Q
_O
4--a 0
W Cn CO -0
I
I
I I N
I
L------------------------
I
I w
I
I
s-r=a~ivoz ~
- - I
o~ i I r~ 1 f
r 'am
s~ cpo ~ 1
/t \ ~ ~ ~ I Ir I li Q-
p o I F I~ 1~ I
's c3~ [7 k I { ~ 1 f
~ , S ~ L I ~ V' 1 1
i
4 --~--00'OL6 !41„OL,OZADN Mu
- - - - - - - - - - - - - - `i
m
4)
4)
LIM
V
A~
W
L
C6 L N
L
cn O c6 = a)
C6 i U m > to
= p •C: L C:
N ~ ~ ~ M
L
O cn 0 07 ~
4-a E C: 0
E
a) E : O L M
N> O 0-0 V O> co
N~>~ N~ i= N N O
L fn 0 U C;) 0)
c -0 -0
70 c C: C:
4-a 4-a
U CT L O UO M ~ -r-
- OR C EE
S
A..
~
~
~
g.:,:
tS
6
6
fF
.v.S-ESfI..
-i§
3~K¢
=i
MI!
's ~'~F
i
kiR ~
4' ` 'E 's{
3
M
dy
xd
y']
fwi
-4. EE
s
;
's
1`
.n _ DMA
:
n
k2 s ayza ~~3~ ag ~s~£
re 3e; :i 5 ' e g Normfff%z
9 ~Y Y E~Ny dF. h=' 'u _Y-~ ' ~ e'Y,b
tH P~ ~ f°e eats YxF#z9 H~6~h#y g~g€~
r~. tg:'e ~ '3 sNJ~ Y 3 s§t~ ~ ~;yyy
fi SY 4 VFcyP H ]~'-g93H d2iH ~A~iC pSi
Fe4st~ggil y>sg d ~'1 4-8 5 a3~ i_3FgE~
¢~S~4a n~_53$~=~n~.s da ze_ses-€33SS'4
e°
w?3
E; I
s- B
e
~j
Y
a s
R
~ _
C
YS
~ i
- - - - - - - - -
- - - - - - - - - - - - - - -
!
- -
`
dw
- - -
I _.s
L----------------------
I
I
I
I
-1-._------------------.--
-
I
IF
r
I
I
I
I
I
I
I
I
~ I
I
I
I
i
lC
.g
r1~~
i
:a
9
E
3 9 O
4ER
g .y. i =
PEA
IyT~I
I~
k
R.
9 gtW
~~a§33~~.
k' k6~
6g E
ro Li~F 6€
g EE
" M-
~A~"y2y .yEe
X90 g e.€$
£ p sh 6E
a`:6~'x _
~EN~~3
jyex~~g~y`~S ~C EwSE
H 9 .3~
^L
Il
U
~ N
N U U 4-a
W co co
N
p X C:
O N
_ I o o cn
c~
a.
a) 0
U)
U N O ~p
L N
U) U)
U -00 U)
(a • (6 (Q U U O O OU
EOR I ~QmU
C:ooaF
a-0:
~QJcnZc~JC6~ _
LO
U N
ClS ~
O
Q
~ O
CCS z
(1)
-0 U)
C
c~ U
Jc:
~ U
O ~
J C~
o
0 lr~
4
a) E ti a)
0.2 O6 .0
C: . y- 4
.c U U
>
. O c C:
O CL0~
J M J
O O .0 -0 m
U) N -6 N N
Lr5~ DM
N NN M V•~•R3
Q~Jm~~ ~Q>
O O
a) -0 4- m Fn 0-0
C: 074- C: M C:
(6 . Ca (6 to
a)
c6 C) ca m ca m
>oo3: >Fn cnc)>m
~N
d
,k
oz
e....` ..r ' 7-
I ~
I `tip°e ~ ;
I
I
t
J
I
+n9
a
I
I
I
I
s
1
'
I S
$
L.~-e-..-.z®®__-
Z
w I
I
' LION
I ty
~
I
,
~
1
i
t \ ~
H
C6S1^.r.*. I
A ~y i4Y~`R 11
C1C.j`u'Y i I
I c~
to
I
1
i
,00.0L l
vi S
¢r
~ m
04~
p~
Owl
L CP
Lv- o x
god
~i
('M,O.u onand,4^p)
AVP
m
U
U
~r
L
O
C6
Q
>
~
~
U
N
-1Z
4-a
N
a)
O
O
O
0
-0
U
u)
cn
'L
(D
O
U)
O
0
i
U
(6
(n
Q
Ca
N
-
p
O
U
C
C
O
_
-C
U
U
C6
~
O
~
Q
-E
~
-
N
O
~
O
3
-0
o
co
U)
(D
o
o
m
cn
i
U
c
N
N
p
O)
O
M
C:
0
m
U
(a
.
-0
O
N
N
0
U
L
Q
C
to
C:
N
i
ca
a)
O
M
Co
0-
N
. V
Ca
~
(B
O
~
~
M
O
-r-
CL
O
Q
Z
=
>
O
.
O
a--,
cn
~
U
N
~
N
O
~
'
O
U
ca
O
~
O
O
N
->t
N
N
O
Q
Jc:
O
O
U
)
m
'
Q
~
j
.i
0
N
c
.0
1
i O
.O cn
F 3:
E `woo
O
r
r
U)
O
N
O
O
L
O
Q
U)
E
0
U
N
cu
c)
>1 p)
i C 0
O
U)
L
U
+-j N
C- C:
N ~ Z O
4-1 4-0
~ O ~ ~ O U p
N Q C a O O p-
O a u
N ~ ~ 1-4
U) p > C:
Ca C~ N ~
4-1
c~ >
-a N N N 07 U)
4-0
O
C- 0
M -
4-1
N M
N
U) co _0
E
O
0
.0 O
o u CT-r
0 C-)
u) °-C
m
~U ."NN
cn Q a-5 aj
O O O N
O OO E 4-u)
_ . X tCf 0
0 N N Q= E
C:~ 0 N-o N
- _j= 0
°
o U
O~O-0
QV QUp O
Q•- N ~
X00 C:0 mE
r- N cri
PUBLIC HEARING ROSTER
CITY OF WHEAT RIDGE PLANNING COMMISSION
March 6, 2008, 2008
Case Nos. MS-07-04 & WA-07-25: An application filed by Brian Johnson for
approval of a 2-lot minor subdivision plat with a lot width variance and a setback
variance for property zoned Residential-Two (R-2) and located at 3516 Jay
Street
Name Address In favor/Opposed
1
`CX~ 1" ~0\ \~NS}~ vk 0
~•-.~I l rte.. S ~j/~~~d~'r /~a/ Co i3 w 3 s Z'~ d ~'6~~~s ~ 'D
City of
WheatRiioge
PLANNING COMMISSION
AGENDA
March 6, 2008
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning
Commission on March 6, 2008, at 7:00 p.m., in the City Council Chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in allpublic meetings sponsored by the City
of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in
advance of a meeting if you are interested in participating and need inclusion assistance.
1. CALL THE MEETING TO ORDER
2. ROLL CALL OF MEMBERS
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be
recommended for placement on the agenda.)
5. APPROVAL OF MINUTES - February 7, 2008
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes.)
7. PUBLIC HEARING
A. Case Nos. MS-07-04 & WA-07-25: An application filed by Brian Johnson for
approval of a2-lot minor subdivision plat with a lot width variance and a setback
variance for property zoned Residential-Two (R-2) and located at 3516 Jay Street.
.
L hi "A.K-0- A 0_w+ i t boa \s- -1-009
8. OTHER ITEMS fl v m v~ 1 0. t l~ e. Li S
A. Election of Officers
9. ADJOURNMENT
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: March 6, 2008 CASE MANAGER: Meredith Reckert
CASE NO. & NAME: Case Nos. WA-07-25/MS-07-04/Johnson
ACTION REQUESTED: Approval of a 2 lot minor subdivision with a lot width variance and a side
setback variance in R-2 zoning
LOCATION OF REQUEST: 3516 Jay Street
NAME & ADDRESS OF OWNER(S): Brian Johnson
APPROXIMATE AREA: .54 acre
PRESENT ZONING: R-2, Residential-Two
PRESENT LAND USE: Two-family dwelling/Vacant property
ENTER INTO THE RECORD:
ZONING ORDINANCE SUBDIVISION REGULATIONS
CASE FILE AND PACKET MATERIALS DIGITAL PRESENTATION
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
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.
This case was originally scheduled for a December 6, 2007, Planning Commission public hearing but
was continued due to legal description discrepancies and the possible need for variances. The case has
been renoticed, republished and reposted.
1. REQUEST/EXISTING CONDITIONS
The property owner requests approval of a two lot minor subdivision on .46 acres (20,271 square feet) of
property located at 3516 Jay Street. The property in question is zoned R-2, Residential-Two.
The property is located at the northeast corner of W. 35th Avenue (south side) and Jay Street
(west side). The property is traversed diagonally from the southwest to the northeast by the
Rocky Mountain Ditch and its 30' easement. An existing residence built in 1924 is located north
of the ditch. The applicant indicates that it is currently utilized as a two family residence and if
the subdivision is approved it will be modified into a single family structure. The southern
portion of the lot is vacant.
The property is comprised of 23,771 square feet of land area. The current ownership of property
extends to the center line of Jay Street, so after the required right-of-way dedication for Jay, the platted
area encompasses 20,271 square feet. There is an existing mountable curb with an attached sidewalk
along Jay Street. There are no public improvements (curb, gutter or sidewalk) along W. 35th Avenue.
R-2 zoned property abuts the parcel on all sides. Adjacent land uses include a mix of single family
residences and two family dwellings. City owned parkland is located to the northwest of the property
across Jay Street.
The applicant has expressed that the intent of the subdivision request is to allow the sale of the
southern portion (proposed Lot 2) to a private individual for development. The subdivision as
proposed requires a variance to lot width for a corner lot for the west side of Lot 2. The variance
will have to be approved first in order to approve the subdivision. A variance is also required for
the setback from the existing garage on the northern lot to the proposed new lot line.
In order for the subdivision to be approved, the following must occur in the order listed:
1. Granting of the variance to the minimum lot width in the R-2 zone district for proposed
Lot 2. (A three fourths vote of the members present is needed to approve a variance.)
If this request is approved, then the following must occur.
2. Granting of a side yard setback variance for the existing garage on proposed Lot 1 of the
property. (A three fourths vote of the members present is needed to approve a variance.)
If this request is approved, then the following must occur:
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
3. Approval of the subdivision.
II. SUBDIVISION DESIGN
The plat will subdivide the property into two lots. (Exhibit 1, Subdivision Plat) Lot 1
encompasses land north of the ditch and will contain the existing two-family structure and
detached garage. Lot 2 is a comer lot with frontages on both 35a' Avenue and Jay Street. As
designed, the 30' wide ditch easement is encompassed within this lot.
The R-2 zone district standards allow both single family and two family residential construction.
A conforming duplex lot in R-2 zoning requires 12,500 s.f. of lot area with 100' of lot width. A
conforming single family lot is required to have 9,000 s.f. of lot area with 75' of lot width. In the
case of corner lots, both frontages are required to have 80' of width.
The following are the required development standards for the R-2 zone district:
Development standard
Main structure
Accessory structure
Lot size
Duplex
12,500 s.f.
N/A
Single family
9,000 s.f.
N/A
Lot width
Duplex
100'
N/A
Single family
75' unless corner lot, then
N/A
80'
Front setback
30'
30'
Side setback
From public right-of-way
30'
30'
From interior lot line
15' combined with not less
8' or less in height: 5'
than 5' on one side
Over 8' in height: 10'
Rear setback
From public right-of-way
30'
30'
From interior lot line
10'
8' or less in height: 5'
Over 8' in hei ht: 10'
Lot coverage
40%
Garages: 1000 s.f. per unit
Sheds: 400 s.f. per unit
Proposed Lot 1 is a conforming single family lot with 9,751 s.f. of area with 90.21' of lot width.
The existing structure on proposed lot 1 is nonconforming as it has a 12.4' front setback where
30' is required. (Exhibit 2, structure location overlay) The detached garage has a .4' side setback
(north side) where 10' is required. Because the western and northern setbacks are from existing
lot lines, they are considered legally nonconforming. However, the garage will have 9.7' setback
from the new lot line where 10' is required, resulting in a .3' variance. Because the lot line to
which the structure is appurtenant is a new one, a variance must be granted if the subdivision is
to be approved.
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
Staff would note that the accessory use side and rear setbacks in many of the zone districts
including R-2 were modified in 2003. Prior to the code change, all accessory structures
regardless of height were required 5' side and rear yard setbacks. In 2003, the regulations were
modified to dictate setback (5' or 10') based on height of the structure.
The structure on Lot 1 is currently a duplex. If the subdivision is approved, the new lot area is
not large enough to legally allow two units. The owner has indicated that if approved, the
structure will be converted to a single family residence. If approved, the plat would not be
recorded until the conversion has occurred.
Lot 2 is proposed to be 10,520 s.f. in size, which exceeds the minimum lot size standard
for a single family lot. However, the proposed lot width which is required to be 80' on each side
is 140' on the 35 Avenue side (south) and 54.79' on the Jay Street side (west). Because of the
inadequate lot width on the west side, a variance is required to approve the subdivision as
proposed.
A significant development constraint on Lot 2 is the Rocky Mountain Ditch which has a 30'
easement and bisects this lot. No permanent structures can be built on the easement. The
easements combined with the required setbacks leave little room for structures. (Exhibit 3,
buildable area map) The ditch company has discussed with the applicant the possibility for
relocating and burying the ditch. If this were to occur at the property owner's expense, the
property would have more development potential. Staff would be more inclined to support the
request, including the lot width and setback variances, if a specific plan of action for ditch
relocation were proposed by the applicant. This would have to include a design approved by the
ditch company.
III. VARIANCE CRITERIA
Two variances are required to approve the subdivision as proposed. Both requests relate to the location
of the proposed common lot line. Attached is the property owner's justification for the variances and
subdivision approval. (Exhibit 4, applicant letter)
The first variance (Variance A) is a 25.21' variance to the 80' required lot width for a corner lot
resulting in a 54.79' lot width on Lot 2.
The second variance (Variance B) is a.3' setback variance from the required 10' setback for the
detached garage on Lot 1 resulting in a 9.7' setback.
Although both requests are related to the location of the lot line, variance B could be denied and the
common property line shifted a few inches to the south without greatly impacting the area of Lot 2. If
Variance A is denied, the subdivision cannot be approved as proposed.
Staff has the following comments regarding the criteria used to evaluate a variance request.
Planning Commission shall base its decision in consideration of the extent to which the applicant
demonstrates a majority of the following criteria have been met:
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
A. The property in question would not 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.
The duplex on the property can still be used if the variances are not granted. Under the existing
configuration, an accessory structure could be built on the southern vacant portion. The southern
portion would also allow for the keeping of at least one horse.
Staff finds this criterion has not been met.
B. The variance would not alter the essential character of the locality.
The granting of the variances would not alter the character of the area. The Rocky Mountain
Ditch has proved to be a development challenge to other properties in the immediate vicinity.
Most notably, is the Littlejohn Subdivision directly to the south which was approved in 1993.
(Exhibit 4, Littlejohn Subdivision)
The two houses in the Littlejohn Subdivision violate the front setback requirements, both being
about 12' from Jay Street. The houses were in place at the time of platting, being built in 1939
(3470 Jay) and 1934 (3490 Jay). The subdivision was used as a means to dedicate right-of-way
for Jay Street, the location of which did not fall within the right-of-way dedicated to the
Jefferson County Commissioners years before. See plat note adjacent to Tract A. Both of the
lots in Littlejohn Subdivision meet the R-2 zone district standards for lot size and lot width.
Staff finds this criterion has been met with regard to the setback variance, but not the lot width
variance.
C. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
The property owner has indicated that if the subdivision is approved, he intends on selling the
property for development.
Staff finds this criterion has been met.
D. The particular physical surrounding, shape or topographical condition of the specific
property involved results 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.
There are unique challenges with the property due to the pass-through ditch and easement which
must be accommodated. The result, in combination with the required setbacks, results in an
illogical property for development. Once platted and sold, it is questionable whether the
southern lot could accommodate a house.
With the existing development constraints on the property, staff anticipates future setback
variance requests in order to make a viably developable parcel.
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
Staff finds this criterion has not been met.
E. The alleged difficulty or hardship has not been created by any person presently having
an interest in the property.
The property owner has created his own hardship by requesting the subdivision approval.
Staff finds this criterion has not been met.
F. The granting of the variance would not 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, substantially or permanently impairing the appropriate
use or development of adjacent property, 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.
Approval of the variances and accompanying subdivision would result in the potential for
construction of a single family residence. There could be impacts to the property to the east as
what is currently vacant land would be developed. As such, the amount of air and light to the
adjacent property may be reduced.
The request would not increase the congestion in the streets, nor would it increase the danger of
fire. The request will most likely not have an effect on property values in the neighborhood.
The home would not cause an obstruction to motorists on the adjacent street and would not
impede the sight distance triangle.
Staff is more concerned about public welfare and that approval of the subdivision would allow
the sale of Lot 2 which under existing conditions is essentially unbuildable. The future owner
will have relied upon the City's approval of the subdivision as ensuring a house can be built on
the property. Without ditch relocation and piping at a great deal of expense, and/or future
setback variances, the property may not be developable. Again, staff would be inclined to
support the variances and subdivision if a specific plan for ditch relocation were presented.
Staff finds this criterion has not been met.
G. The unusual circumstances or conditions necessitating the variance request are present
in the neighborhood and are not unique to the property.
There are other properties in the area impacted by the Rocky Mountain Ditch.
Staff finds that this criterion has been met.
H. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
Approval of the variances would not result in the accommodation of a person with disabilities.
Single family homes are not subject to accessibility requirements.
Staff finds that this criterion is not applicable.
1. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
Low density residential development is not subject to the requirements of the Architectural and
Site Design Manual. Staff finds that this criterion is not applicable.
IV. AGENCY REFERRALS
The proposal was referred to all of the appropriate city departments and outside agencies. All
responding agencies have indicated that they can serve the property and the applicant will bear
the cost of installing improvements to the property.
Wheat Ridge Public Works: Has approved the technical elements of the plat document. A
right-of-way dedication of 25' will be required for W. 35t` Avenue. The installation of curb,
gutter and sidewalk will be required along Jay with improvements to the intersection radius as
well.
Wheat Ridge Parks and Recreation District: Will require a fee in lieu of land dedication for
the new unit.
Rocky Mountain Ditch Company: Is requiring a 30' easement for maintenance.
Wheat Ridge Water District: Can serve the property subject to rules and regulations of the
district.
Wheat Ridge Sanitation District: Can serve the property subject to rules and regulations of the
district.
V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff has concluded that the majority of the criteria used to analyze variance requests are not
supportive of the lot width variance. If the lot width variance is not approved, then the
subdivision, as proposed, is not approvable. Staff recommends denial of all three components of
the request with the reasons listed in Section VI of this report.
VI. RECOMMENDED MOTIONS
VARIANCE TO LOT WIDTH
(A three-fourths vote of the members present is needed to approve a variance.)
Option A:
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
"I move to DENY Case No. WA-07-25, a request for approval of 25.21' lot width variance and a
.3' side yard setback variance for property located at 3516 Jay Street, for the following reasons:
1. Although the setback variance is not out of character with the area, the remainder of
the evaluation criteria does not support the requests.
2. There will be an impact on public welfare as an approved, platted lot gives the
assurance that a property is developable, which based on the impact of the ditch
easement, is not the case."
Option B:
"I move to APPROVE Case No. WA-07-25, a request for approval of 25.21' lot width variance
and a .3' side yard setback variance for property located at 3516 Jay Street, for the following
reasons:
1.
2.
I"
SUBDIVISION
Option A
"I move to DENY Case No. MS-07-04, a request for approval of a two lot subdivision at 3516
Jay Street, for the following reasons:
1. The property is essentially undevelopable without relocation and piping of the ditch
and/or potential future setback variances.
2. There will be an impact on public welfare as an approved platted lot gives the assurance
that a property is developable."
Option B
"I move to APPROVE Case No. MS-07-04, a request for approval of a two lot subdivision at
3516 Jay Street, for the following reasons:
1.
2.
3.
With the following conditions:
1. The plat shall not be recorded until the existing structure on Lot 1 is converted to a single
family residence upon approval of a building permit and issuance of a Certificate of
Occupancy.
2. Fees in lieu of land dedication be required to meet the requirement for parks contribution.
This fee is to be paid at the time of issuance of a building permit."
Planning Commission
Case No. WA-07-25/MS-07-04/ Johnson
.w.~_,.... ...._T_..,......_
_...m..~..
•a
BRIAN JOHNSON MINOR
A RESUBDIVISION OF A PART OF LOT 8, CO SITUATED IN THE NW 114 OF SECTION 25, T.3S., R. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
SHEET 1 OF 1
N 1~I
' ~----T-
~ ,~~~~G'~~~~~~
_-.-I ~ ~ ~
-L
r=~
~ ~ j ~~~~~-~~e~~~
~ I ZONEO.• AY
N ~ I S FOUND 3 RE84R 0.3'Sx1.5'W
of ~a.~uu~o vo~mon) N89'47'40"E 125.67'
22.50' I 22.50' r 5' G~¢1/.VeCE J~ L~
!/J,Yg7' 6451~Y7VT
LOT 1
f ~ ' I z~- ~ LINE OF LOT 1 D, GERALD LEE HEIGHTS RESUBDIVISION, AS RECORDED
~~70 2239 ORES ~ I N I fib' I ~~o ~ IN THE JEFFERSON COUNTY, COLORADO, CLERK AND RECORDER'S
I W ~ ~ OFFICE; THENCE N89'47'40"E ALONG SAID SOUTH LINE A DISTANCE
f I o OF 14.33 FEET; THENCE S00'20'20"E A DISTANCE OF 168.00 FEET TO .-s ~ ~ e r~ ~ . ~ r e ~ : ~ ~ : : w+~r. w ~sw`. t~ ~ ~ ~ ai : A ~ I~ ! ~1a d i Mme' /~i p ■ ~ I'1'!° i 1'1 ► i
I I 10' G14.1!/WGE' d' / , U71L/lY F.~Sl~lE7V1' ~ .Oy = A PC71NT ON THE SOUTH LINE OF SAID LOT 8, LINE ALSO BEING THE ACCORDING TO CO SOUTH LINE OF THE NE 1 /4 OF THE NW 1 /4 OF SECTIQN 25, T.3S., R.69W., BASED UPON ANY OF THE 6TH P.M.; THENCE S89'47'40"W ALONG SAID SOUTH LINE OF YOU FIRST DISCOV ~~o LOT 8 AND SAID SOUTH LINE OF THE NE 1 /4 OF THE NW 1 /4 OF UPON ANY DEFECT ~ - - - _ - _ -Az. - - 4
h v }
~ O~ ( ZONEO.~ R.2 / ~ / / y~~ r~ s~
L1 ~ ~ m I W rn SECTION 25 A DISTANCE OF 140.00 FEET TO THE TRUE t~01NT OF BEGINNING. `ROM THE DATE O ~Ib CONTAINING (23,771. SS~UARE FEET) .0.5457. ACRES MC~~E,_~~2 __.I.ESS, _ .w I
~ ~ 0~2'S8'25" / ~ / I ~ ~ ~ ~ R=288:50' / / o
, L=14.97 W O I ~ Chd=14 975'OS'W / Z ~ HAVE IAID OUTS SUBDIVIDED AND PLATTED SAIp LAND AS PER THE ANY PERSON WHO
~ DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF BRIAN LAND SURVEY MON I ~ JOHNSON MINOR SUBDIVISION, A SUBDIVISION OF A PART OF THE CITY COMMITS A CLASS
L~ ~~r~~_~ ~ ~ 1
I OF WHEAT RIDGE. COLORADO AND BY THESE PRESENTS DO DEDICATE 18-4-508 OF THE
I Q ~ 589'47'40"W ~ ^68.91 ~ w / J~ i TO THE CITY OF WHEAT RIDGE AND THOSE MUNICIPALLY OWNED P~,~!~iNIN~G~IrIMISS I ( AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE
I PORTIONS OF REAL PROPERTY SHOWN AS EASEMENTS FOR THE f tom'
N i / CONSTRUCTION. INSTALLATION, OPERATION MAINTENANCE, REPAIR APPROVED THIS I AND REPLACEMENT FOR ALL SERVICES. fiNIS INCLUDES 8UT IS NOT WHEAT RIDGE PLAN LIMITED 70 TELEPHONE AND ELECTRIC LINES, GAS LINES, WATER AND
~ I ~ ( ~.raan~' i I ~ / l i
1 1
SANITARY SEWER LINES HYDRANTS, STORM WATER SYSTEMS AND 1~i
I ~ PIPES, DETENTION PONDS, STREET LIGHTS AND ALL APPURTENANCES CHAIRPERSON I THERETO. ~
~ ~ ~ i LOT
' ~ ~ ~ i 1 o,s2o sou / 0.241 S I ~ ~ / li~ ~ ~`~i,~ ~Y ~►rEf~TLCA710N.
I ~
I M BY: APPROVED THIS I BRIAN C. JOHNSON CITY OF WHEAT RI pUB~ ATTEST
~ -
I ~O i
I ~ 119.67'
I STATE OF
I FOUND ~S REBAR ~9''~?'40"W 140.00' I SS r::~
~ 3,500 SQUARE FEET OR 0.0803 ACRES, H I o DEDICATED TO THE CITY OF WHEAT RID ' ~ AS PUBLIC RIGHT-OF-WAY BY THIS P N COUNTY OF CITY CLERK
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEf~ORE ME
' THIS DAY OF A.D., 20 BY
22.5p' 22.50' _ _ BRIAN C. JOHNSON AS OWNER, DIRECTOR OF COMMU i a
I CN 1 16 CORNER OF SECTit?N 25.
_ _ S89'47'40'1N 140.00' w~~ 1 T. R.69W.. O~ THE 6TH P.M. (NOTHING FOUND OR SET) WITNESS MY HAND AND OFFICIAL SEAT,.
~ DIRECTOR OF PUR I
~BEGlNN1/VGi ' - ' - - NOTHING FOUND QR SET WEST 35TH AVENUE 1"~S
y
(PUBLIC R.O.W. VARIES) NOTARY PUBLIC ~OUN1Y C, LERK AN MY COMMISSION EXPIRES: STATE OF CO~ORA ADDRESS: COUNTY OF JEFFE i L.ICpCC]V rcpT~Gv
t
}
L-~ _
{
(CONTINUE 1. TEN--FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE 3. THIS PROPERTY IS l sue.
y
PROPERTY ADJACENT TO ALL PUBLIC STREETS AND FRONT AND REAR '.6
PRQPERTY LtN~S OF EACH LQT IN THE SUBDIVISION 0R PLATTED AREA. 4. BASIS OF BEARIN FIVE-FOOT (5') WIDE EASEMENTS ARE HEREBY GRANTED QN PRIVATE BEARINGS USED N ~~.....~r........ .n ~i~r►rr -rr~ ~ t+lf'~[" 1 AT 1 IAICC f1C C'Ar'~.I ~ nT T{-~~ FAST LINE OF THE
rKUrtn (r AuL)/allrrlY ( IV /ALL JlLIG 4..V . Lil.4...7 v, 9.r..014 a.... „ wvvw~ um.-W. UMED TO BEAR S00' 19'08"E BOUNDED BY THE
SUBDIVISION OR PLATTED AREA. THESE EASEMENTS ARE DEDICATED P.M., IS ASSUMED SHOWN HEREON.
FOR THE INSTALLATION, MAINTENANCE, AND REPLACEMENT OF MONUMENTS SHOW ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND
TELECOMMUNICATIONS FACILITIES. UTILITIES SHALL ALSO BE 5• THE THIRTY-FOOT FOOT (30) WIDE EASEMENT FOR THE ROCKY MOUNTAIN --:L'. _4 t
PERMITTED WITHIN ANY ACCESS EASEMENTS AND PRIVATE STREETS IN DITCH WAS DETERM !ETERMINED BY A FIELD INSPECTION OF THE DITCH BY u ~ ~ }
THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS REPRESENTATIVES C 'IVES OF THE ROCKY MOUNTAIN WATER COMPANY (OWNERS).
SHALL NOT BE PERMITTED WITHIN SAID UTILITY EASEMENTS, THE CENTERLINE S THREAD OF THE DI' .INE SHOWN HERON WAS DETERMINED BY MAPPING THE
fHE DITCH. REGARDING DITCH RIGHTS-OF-WAY CRS PREPARED BY.- CASE I TOR Y. Incw
2. THIS PLAT WAS BASED ON LAND TITLE POLICY NUMBER TR845234 37_86-102 STAT PREPARED BY LAND TITLE GUARANTEE COMPANY WITH A POLICY DATE DITCH EXCAVATED OF APRIL 25, 2002, AND DOES NOT CONSTITUTE A TITLE SEARCH BY THIS STATES "THE RIGHT OF AN OWNER WITH RESPECT TO A DAALE---Y-----LA)VA6 SURVEYING, /nc. ATED OVER THE PRIVATE LAND OF ANOTHER EXTENDS TO 90727E/ag/er Dirve, paneer, Colorado 80 134 F.
THE BED OFTHE THE DITCH AND SUFFICIENT GROUND ON EITHER SIDE." 011`7ce (303) 953-9841 -Fax (303) 953-9841 werNo.: DafeafPiepaiatlon: Date ofLast Revision:
SURVEYOR FOR OTHER EASEMENTS AND/OR EXCEPTIONS OF RECORD. i TEMP O1 o&1orloo7 0210112006
~ - _
r(J 3
W°
~Ix
co
Nco
I N89'47'40°E
FOUND ,3 REM 0. N)1.5W 14.373'
0 s
o S0(Y 19 48"VV I M FOUND PIN & PLASTIC
CANTILEVER n LS. NO. 22094 (2.7'Nx
• 2.00 / OF CALCULATED POSTRO
-WOPOSIEOT- DRAINAGE
r--- & UTILITY EASEMENT
1 t
1 12.4'! EXISTING HOUSE ~ N f 1
23.7 /I I ' ~
If 1
ARO)70SEV LOr > I J
ISS
I i ZONEO, R-2 / I II O I
O I / I 1~
00
N~-i----------- / ~ ~ f I 141
IlIN ® N
NI 11N
I.
/
O Q
I I / C / I lI
Aaoposevcorz til
t L 1
-i-- ---7-----------
_ FOUND PIN & PLASTIC CAP
-i-i_-_a-_ -=i=a_~~-T-fir - at L.S. NO. 22094
`FOUND/5 REI AR t
1 1
1 '
S89.4740 W 140.00 NOTHING FOUND
PO/NT OF _
BEG/NN/NG
NOTHING FOUND WEST 35TH AVENUE - - - - - -
EXHIBIT 2
2 12 l 30
0 6 20 40
Scale: 1" = 20'
I '
14.33' /
I ( I S00020'20"E FOUND PIN do PLASTIC CAP
I - FOUND 3 REBAR (0.3'S 1.5'W - . a' - 2400' I 4S. NO. 22094 2..MM .4'E
OF cnLulA1ED Po$mON~ N89 47 40 E 125.67°F CALCULATED
_ 1
22.50' I 22.50' r--- 4 7
I ( S3T13'30"W /
I I i 25.69. / tl
s' LVPAm6r Q 7
I I 0M?Y E45FAEM / STT1J d0?Y
I I 71. fa
I
LOT 1 j
9.751 SQUARE FEET
N I 02239 ACRES.
But LDAB%-E
I M17r AREA /~yy M
aftmw
I ( Q I A=w02'58'25
0
/ _ . i , . -,N N .
I 50' (10
I L=14.7
3597,
I I Chd-S4051V
14.97
WO
i L------ 0.
I a I N S89'47'40"W 68.91
71
I z I 1. ~ / p'7L7/ E~SL~A/E)VJ` ~
AtV
I ~ I / / ' / / LOT 2 I
/ 10.520 SQUARE FEET 5'LUPAd06r d
I I I / 0.2415 ACRES MzflY E.I sww I _ . J
I I s I z taA / ~ l/ a°mnr v I s
I jam`--
1 112IT' / 179.67`
S8W47'40:, 140.00 LS."NOP220~94PLA5iIC CAP
I I FOUND /5 REBAR
I I 3,500 SQUARE FEET OR 0.0803 ACRES; HEREBY °
° DEDICATED TO THE CITY OF WHEAT RIDGE
° °
.ci
I N AS PUBLIC RIGHT-OF-WAY BY THIS PLAT a
22.50' 22.50'
S89'47'40"W 140.00' NOTHING FOUND OR SET
TRuArpo/NTOF - - _ _
BEG/NN/NQ
NOTHING FOUND OR SET WEST 35TH AVENUE EXHIBIT 3
(PUBLIC R.O.W. VARIES)
TO: Meredith Reckert
FROM: Brian Johnson
DATE: 2-7-08
Meredith,
Good afternoon. In the letter you have provided to me you made three
points that you wanted me to address. The following is my response to your
inquiries.
On point one the required lot for a single family dwelling on a corner unit
requires 80' on each road front. Obviously this cannot be accomplished on
the Jay St side of the property. No matter how we draw out the split of the
land this cannot be accomplished. We currently have the Jay St. side of the
land at 54.79'. This land would be used in one of two ways. Either we
would put a driveway entering the second piece of property coming off of
Jay St. or we would merely have this side as yard only. You and I spoke
about filing for a variance for this obstacle already and I think that we
should move forward with this strategy. You had made mention that we
could combine the variance process into the land split process.
The second point you have indicated is the setback requirement for the
ditch. I have spoken to Wade at the Rocky Mountain Ditch Company and he
indicated that the ditch could be buried at the expense of the land owner /
developer. When this happened the setbacks for the ditch would be
dramatically shrunk as to the new nature of the ditch. We are planning on
designing this part of the land as a yard area and should not have to trespass
on the setback requirements of a buried ditch to build a single family
dwelling.
The third point you wanted me to address is the Garage location in
relationship to the property line. I will need to get a variance for this tied
into the land split as well. The only justification that I have for this is that
this garage was here when I purchased the property. It has been there for
20+ years which means that the garage has not met setback requirement for
several owners of this property.
EXHIBIT 4
TO: Meredith Reckert
FROM: Brian Johnson
DATE: 2-7-08
As a matter of fact the garage was across the property line until we did this
quit claim process to re-establish the north boundary line. We have done
what we can to this point to at least clear up the mess of the north boundary
and will now need the city's help to legalize the garage where it has sat for
several decades.
I hope that this answer's some of you concerns and questions. If there is
more information that you need from me please feel free to let me know and
I will do my best to take care of them. Thank you for your consideration and
I look forward to hearing from you soon.
Thanks,
Brian Johnson
$K 116 P~ 11 R.ec#qq00aol& p66 _m 3tatt q OlDoo
N
0
LITTLEJOHN SUBDIVISION FILING NO. 1 ~`m°~"
o®xuTlal cmxrieAa 945n
NOT T. LI]4LBi®. belnq the van" of the real property of
A Resubdivision of the West 118 Feet of Block 4, HIGHLAND GARDENS ...'a or.4earibedan fail.:
Bat 11' fast of Block a, lyOWllp 0 s. County Of
A Part of the NW 1/4 of Section 25, Township 3 South, Range 69 West of the 6th P M. aWtteraan, state at Colorado.
r
and have laid out, subdivided and platted said Imd so
City of Wheat Ridge, County of Jefferson, State of Colorado =sTUaa® SmDIVISlCS III o. i, .;ubd.iar' style .I
f the C't f Wheat Ridge Coi ran- and by theam praemta
SHEET I of I
22-1
VICINITY MAP
I" = 2000'
LEGEND
z Set No. 5 Bar a Cap No. 9019
= Set City of Wheat Ridge Street Monument
PC
= Point of Curvature
PT
- Point of Tangency,
am..:
1) Field survey conical based p City Of Wheat aide. Right-of-Way
Wep 6 Reference X....t filed for ec rd as Rac.ption
89108189 and Breakdow of Section 25, T3S, 11 Re, me per heat 1 of
8, City of Wheat Ridge So X 85414-31. East live of XWl/4 0
said Section 25 bear. .00-19-08-V We per sad field rant
r_ra.
2) Tract A a mll not be used for reaidential construction purposes.
3) Coordinates of listed street recuperate:
rase- Aact➢tAg- BAaSina
8624 14076..5683 - 42442.6725
8625 13918.9493 42443.6155
8630 14076.8670 42525.3946
8630A _ 14076.9551 42549.7144
4) Acce.s aaemat as show herein is far the baefit of Lots 1 and 2.
Na9o47
_
9824
I
Li
c
a
HIGH
IP
°473 ' W
0
44.91'
0 1
TRACT A
9o' Wide. ROW
0.058 ac
Created by Jefferson
C ontyy Commrseio en
.
m
I CJIH-5716
c1 -zso).
I
m If
"
a
I
Cvy
HARVEY FIRST ADDITION
Zonea R-2
% • /
Uv//~
es, yo
E*`°:~nraefi~ i
MonMNI
/ N I I:
1m
HARVEY FIRST ADDITION Is
Zoned R-2 - -
(W
tNCIETS/~ n/
orj WV~
-A~ a waters
S• S°
3
rYs
~jgya 9°392G"N SB3e19'49"E
a` 56.
125 1 adnce
u Drive
wen
H N 0" L0T 2
12 stew
~ oz N 0.290 ac.t/-
n IU. n
IEMSE
WA
See. 25 10' DminvO<
Eaeemenf
tRec. Ib. 83107610)
1.889d46.09'W, I I6.Od
20
aOTfCL: According co C.Iaredn la. you t cossence .y
cha~areIeft. m.e4 upon .t discover defeat vs I such d.f.I. 1. No
th
sot, uC ` after
any actionnu based upon any d.fecc I. this iorviy
he ce•en ed re 'rhea I. yeau fr® the Sete of CM
cermfI..1inn abso. Mraa.
NOTICE: Any Bar... Who knomingly c
altsC. or d.f ..r Public Lead Sorvq
.oouant, or lad bcwdary wen t, or
e.".4. ecwEts a Clue 2 MEN.Ma.c
pure eat to State Statute 18-4-508 C.R.S.
Q
7
25' I 20'
NW AI
R69W
monks. - t-
N
K 4
4LAND
DENS
.Q Telephone
Evsemmt
(Bk407, Po4851.
No danced voidth
20
30 to IS
GRAPHIC SCALE
I" = 3O'
HIGHLAND GARDENS
Zoned R-2
South Line Block4
HIGHLAND GARDENS
MORRIS SUBDIVISION
Zoned R-2
W. 38th ao ddicae vto tea City of vheet Bfd'e and the pnblic
N I/4 Corner AVE. .%N.ra, roads, and avenue. and drive[ an sawn the
/ r hapanrinq plat for the public Out thereof forever.
Sec .25, T36,.R69W/ aNUB$:
0. 1... Cap -
ft. 13212 a a.,
In Man. Bozl a~ol Bel i. ti. JOAO
o ACVY1LID71O}
Stare of Colorado I
SS
Co." of aetfe[sa)
The foregoing INS". use .1.PPted yf.[. ma tote -'~`Z'/' day
m of 19by
-O Xy cmmleaiON ...Lyre:.
artery puMin
z
doorRat'e CplSIP10St
I i. Ev.ene A. Burdick. NBiate[ed P[Ofeuioul mgipu[ ud
Emr Line
:WW W Sec.2s,
T34, R69W,~
I
F
iN
z
Of
{J
IQ
d ~4
ml
C_
I
I
I
Profesafowl Land Su[veyvp registered in the State of Colorado, do.
hereby certify that the survey of the boundary of LISS
SOBOIv1SIOW FILIW an. 1, sea made under[ w direct [ peuaibilit'.
_avpa[vviion. and ch.gkiw, an' to 4 ...[dine. With all appiteakle
Colorado Statute., rurtat revised edition, e. waded..
.100-YB PLWb Phil: SubYUt agre s., IS mt lio.tea within
deaiq.utad flood bmurd sass. The None. 'a based inforsatlw
. 2-4-04 and is aWJ«t to ebavq. Aue to -b i" onaditio.a
after .ch data,
any maid badelf at
AOPOPO. YOIam. _
mar aer~sa
n ,
Ince Bar ink, RE PIS
.mores. Aa. No. solo
APPPO -
p 1 a servi<. c...i c-l.raao cat of Wbeat rt3age
TOa'rM of Pvolic N.a"
, 07,
!elegiaph Ci1ty....at Alogo - Chairman
HC Stares Tale.
of Parke. I Rec[ea[IOn C salon
CS[y of AAea[ fridge ~4tsey~aaeamasDra"TaL OF F11HAlIN4a DEVEbrMe/rT
PLAaX1Aa C I.Sim C84TIPIf.ATE
Tars cs [o certify the xitbin plat h b approved by to. Plan.ieq
<onmizsaon of the CS[y of Wheat Ridge,. Colorado. "
i
CenterA Corner
Sec.251 "S, R89W
l3Lt'8'. Cap
No. 13212 6 lady
in Mon. Bowl
W. 32rid
AVE.
This is to certify that the City of What Aldo.,. calorade, by I. at
it. City C.uncil did oo the ZrG dq of 0zk;kP , Ig_s5h
adopt ana approve the vitbi. plat ad area.t this dedirsticae here"
ado.
IYT01l
A•frf:eT:
1 *SEAL.
M-
City clerk 1 A
V
sac ao Irmaaat•s mTyrxem
STATL or mL01LL0a }
coalry, or amvlw i ss
I hereby certify that this plat aks filed in By office ,
o cl.ck1L3_q.., an the. of emu..-a .-46f•
only rac.rdad is Plan r
EXHIBIT S
Page 1 of 1
Meredith Reckert
From:
lamkinseeds@pol.net
Sent:
Tuesday, March 04, 2008 9:49 PM
To:
Meredith Reckert
Subject: 3516 Jay Street Subdivision
March 4, 2008
3 s-v ~
TO: Planning Commission
FROM: Susan Seeds
6147 West 35th Avenue
Wheat Ridge, CO 80033
RE: Case Nos. WA-07-25/MS-07-04/Johnson
Dear Planning Commission Members:
I concur with the planning division staff report's conclusion that the variance along Jay Street should be
denied.
1) A majority of the variance criteria have not been met by the applicant as required. Variances should not
be taken lightly. Setbacks are set by law for a reason and I do not believe this applicant has shown
justification nor a hardship for such setback variances.
2) If this request is granted a future developer might use the variance on Jay Street as a justification of a
variance elsewhere.
2) The Rocky Mountain Ditch Company may not approve the undergrounding of the ditch on this
particular property. The ditch takes a turn on this property and if undergrounded might affect those
properties downstream by de-stabilizing the walls downstream.
3) There may be unforeseen consequences in subdividing this property and then finding out the ditch
company will not bury the ditch at this location. Even if the ditch approves it, it is noted that "staff
anticipates future setback variance requests in order to make a viably developable parcel". This suggests
to me that this lot may not be adequate even if this variance is approved.
4) I agree with III(D) "it is questionable whether the southern lot could accommodate a house".
I live two homes from this property and I just cannot visualize even a small home fitting this lot's
configuration.
I respectfully request the Planning Commission DENY the request for a subdivision.
Very truly yours,
Susan Seeds
3/5/2008
WILDE H D BURKHARDT JAKE E
WILDS MARTHA B 3650 JAY ST INGALLS ST 3596
wr-TEA T R Tn(; IDGR CO 80033 7434 WHEAT RIDGE CO 80033 7444
7006 3450 0002 4529 0438
VIGIL ROBERT E
3665 HARLAN ST
WHEAT RIDGE CO 80033 7425
7006 3450 0002 4529
KARR RODNEY!
KARR DONNA
450 S GARRISON ST
LAKEWOOD CO 8022,
7006 3450 0002`4529 0414
--?uu6 3450 0002 4529 0421
INGA
INGALLS GENEVA G JOHNSON BRIAN 13997 W AVE
9490 VANCE CT GOLDEN C CO ND 80401
401
OOMFIELD CO 80020
0407 7006 3450 0002 4529 0384
CARVER VAN E n
CARVER THE\SAJ
6735 W 31ST A} EA
WHEAT RIDGE 2 4
7006 3450 0002 4529
CASTILLO MERCEDES M
CASTILLO PATRICIA
3655 HARLANST
WHEAT RIDGE CO 80033
7006 3450 0002
4529
7006 3450 0002 4529 0391
REVOCABLE TRUST
STALEY MELODY A
3550 INGALLS ST
6151 W 35TH AVE
WHEAT RIDGE CO 80033 7434
WHEAT RIDGE CO 80033 7408
7006 3450 0002 4529
0377
360
6 3450 0002 4529 0
EO Q & MILDRED A ANDERSON
LAMKIN KENNETH R
REVOCABLE TRUST
SEEDS SUSAN C
3530 INGALLS ST
6147 W 35TH AVE
WHEAT RIDGE CO 80033 7434
WHEAT RIDGE CO 80033 7408
0346
7006 3450 0002 4529
3450 0002 4529 0339
WONNING EARL R
WONNING JUDITH C
1980 TAFT DR
LAKEWOOD CO 80215
7006 3450 0002 4529 0315
BERRY KAREN A
BERRY DAVID A
6275 W 35TH AVE
WHFAT RTTI(:F rn Rnn27 CAM
7006 3450 0002 4529
NORMAN GARY & CONNIE JHYREE
BURKEPILE TRU
6285 W 35TH AVE
WHEAT RIDGE CO 80033
0353
0322
FAES JAMES R
6215 W 35TH AVE
WHEAT RIDGE CO 80033 6406
7006 3450 0002 4529
0292
7006 3450 0002 4529 0308
KILLION KIET A FLAGEOLLE JEROME J
3555 HARLAN ST 6160 W 35TH AVE
WHEAT RIDGE CO 80033 7423 WHEAT RIDGE CO 80033 7409
0285 7006 3450 0002 4529
--7UU6 3450 0002 4529 0278
DAVIS KEITH D
DAVIS JUDITH E
1060 ALKIRE ST
GOLDEN CO 80401 4212,
7006 3450 0002 4529 0254
BRAKE MICHAEL R
BRAKE DIANE Y
6075 W 35TH AVE
WTTEAT RIDGE CO 80033 7406
3450 0002 4529 0247
RUSSELL ALLEN E
9391 W LA SALLE AVE
LAKEWOOD CO 80227 2964
7006 3450 0002 4529 0223
FAESJOHN P
FAES GERALDINE T
6205 W 35TH AVE
WHEAT RIDGE CO 80033 6406
7006 3450 0002 4529
DUGGAN JAMES O
6138 W 35TH AVE
WHEAT RIDGE CO 80033 7409
7006 3450 0002 4529
JOJOLA LUCY R
6001 W 35TH AVE
WTTEAT RIDGE CO 80033
2006 3450 0002 4529 0216
STEADMAN JAMES J
STEADMAN MARY LOU
6154 W 35TH AVE
WHEAT RIDGE CO 80033 7409
0193
-7➢II6 3450 0002 4529 0186
LAGEOLLE GERALD J
FLAGEOLLE LAURA M
6160 W 35TH AVE
0162 EAT RIDGE CO 80033 7409
0261
FORNEY KATHY T
FORNEY JO C
6200 W 35T f~VE
WHEAT 0 80033 6407
7006 3450 0002 4529 0230
WHITE JANET M
3447 HARLAN ST
WHEAT RIDGE CO 80033 7421
006 3450 0002 4529 0209
HILL M~TD
6210 W
W
HEAT O 80033
7006 3450 0002 4529 0179
DAHLSTROM JASON C
3407 HARLAN ST
WHEAT RIDGE CO 80033 7421
7006 3450 0002 4529 0148
7006 3450 0002 4529 0155
SANDOVAL MARY ANN CERRONE LEE JONATHAN P
6090 W 35TH AVE LEE HEATHER L H
WHEAT RIDGE CO 8004 t yam 3490 JAY ST
7006 3450 0002 4529 0131 -IEAT RIDGE CO 80033 7440
JIMENEZ DANIEL
LUEVANO MARIE
6246 W 35TH AVE
WHEAT RIDGE CO 80033
7006 3450 0002
LIMON DEBRA
3424 KENDALL ST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 0117
7006 3450 0002 4529 0124
HOOK NATALIE M ILMORE DON DAVID
3401 HARLAN GILMORE SUSAN EDO
WHEAT" O 8 421 3363 JAY ST
V~ WHEAT RIDGE CO 80033 7438
4529 0100
7006 3450 0002 4529 0087
CRAFT VELMA M
3405 HARLAN ST
WHEAT RIDGE CO 80033 7421
7006 3450 0002 4529
7006 3450 0002 4529 0094
0070
City of
wl eat idge
COMMUIMTY DEVFL.OPMF.NT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
CERTIFIED LETTER NOTICE
February 21, 2008
Dear Property Owner:
This is to inform you of Case No. MS-07-04 which is a request for approval of a 2-lot minor
subdivision plat with a lot width variance and a setback variance for property zoned Residential-
Two (R-2) and located at 3516 Jay Street. This request will be heard by the Wheat Ridge
Planning Commission in the Council Chambers of the Municipal Complex at 7500 West 29th
Avenue. The meeting will be held on March 6, 2008 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. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer
at 303-235-2826 at least one week in advance of a meeting if you are interested in participating
and need inclusion assistance.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
ms0704.doc
www.ci.wheatridge.co.us
OW24
J
\ m
l rol l'n AI
ul Lm
J
^I
ml ull
dl
a
-c s
wz-
m
3
a
C-1
=
83-1
-
m
N.
36
R-
wz-
.
s -
3,x
R-3
3]W
Zm
-2
3116
3]&1
oo-a
WZ-98- 6A1
m
bR3
0
.
3716
_
e,
3]S
3]60
n
1t
a
°
>
_
R
3
R'3
HI
0
o
-
3
3
-
vR.
rss
3
36S
RSG
]ts
]>10
w
sup-B}
3lx
,
m
3)x
X3],6
m
n n
e
m
3]S
zm)
PRD
r(~
V
J
-
3711
3]A
V
w 36TH PL
3515
p
'
6
=
>711
m
e
~
=
_
y
y
m
$
e
A
m
-
n
3
;
/
1675
N
3UL
~
3r10
'nd W
y
d
I
Z
.,..5
L
_ x
15
3616
7T;;
3693
Sfif6
$
JJ
u
n
m
_
m
m
3E05
366fi
-
36N
n
R
I
C
35Ti
3559
Q
q
Yj
W3UHAVE
ss
1
3W5
,
Z
m
,550
q
LIJ
n
-
x
Q
GE
LD A
m
o
w
3srH P
, ?
Te
RE
UB
~
~
~
8
3506
3sas
~
~b
r
u
m $
$
W
Z
w s
av
E
3435
R
m
$
'P
$
ry,
m
p
g
3zes
33Po
T
311,
N
=
n
i
A
U-I
m
~
3x]s
33]3 1I
oz
: ~
- "
m
m
m
1
W
S
'
m
m
,Fi
m
m
Xr
3R5
33W
j
m
3x5
~
^
'
3xY YL
n
m
~
R
Q
~
(1~ u
~
v N
0
,Sm V
m
N
m
m
m„
3
3
3
~
m
g
GG
^
-
a
o 0 3 7-
7-7-2) r-7-2
77-7
T
T
~
l 1 I
.m.l le \ ~1
5W25
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
PARCELILOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
NW 25
O 100 200 ~00 400 `eA
C
C
N
2
>r
r
m DEPARTMENT OF MAP ADOPTED: June 15, 1994
OWp O9m
PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on March 6 2008, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public Hearing or submit written
comments. Individuals with disabilities are encouraged to participate in all public
meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information
Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in
participating and need inclusion assistance.
The following case shall be heard:
Case No. MS-07-04: An application filed by Brian Johnson for approval of a 2-
lot minor subdivision plat with a lot width variance and a setback variance for
property zoned Residential-Two (R-2), located at 3516 Jay Street, and legally
described as follows:
A PARCEL OF LAND BEING A PART OF LOT 8, CONWAY HEIGHTS, AS
RECORDED IN THE JEFFERSON COUNTY, COLORADO, CLERK AND
RECORDER'S OFFICE, SITUATED IN THE NW ONE-QUARTER OF
SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SAID
SECTION 25; THENCE N23 °04'29"W A DISTANCE OF 1438.62 FEET TO
THE TRUE POINT TRUE BEGINNING; THENCE NO0°20'20"W ALONG
THE WEST LINE OF SAID LOT 8 AND THE EAST R.O.W. LINE OF JAY
STREET A DISTANCE OF 170.00 FEET; THENCE N89°47'40"E A
DISTANCE OF 125.67 FEET; THENCE S00°20'20"E A DISTANCE OF 2.00
FEET TO A POINT ON THE SOUTH LINE OF LOT 10, GERALD LEE
HEIGHTS RESUBDIVISION, AS RECORDED IN THE JEFFERSON
COUNTY, COLORADO, CLERK AND RECORDER'S OFFICE; THENCE
N89°47'40"E ALONG SAID SOUTH LINE A DISTANCE OF 14.33 FEET;
THENCE S00°20'20"E A DISTANCE OF 168.00 FEET TO A POINT ON THE
SOUTH LINE OF SAID LOT 8, LINE ALSO BEING THE SOUTH LINE OF
THE NE ONE-QUARTER OF THE NW ONE-QUARTER OF SECTION 25,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN; THENCE S89°47'40"W ALONG SAID SOUTH LINE OF LOT 8
AND SAID SOUTH LINE OF THE NE ONE-QUARTER OF THE NW ONE-
QUARTER OF SECTION 25 A DISTANCE OF 140.00 FEET TO THE POINT
OF BEGINNING. CONTAINING (23,771 SQUARE FEET) 0.5457 ACRES
MORE OR LESS.
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To Be Published: Wheat Ridge Transcript
Date: February 21, 2008
Page 1 of 1
Meredith Reckert
From:
Meredith Reckert
Sent:
Tuesday, February 12, 2008 2:11 PM
To:
'Daleysurv@comcast.net'
Subject:
Brian Johnson
Hi, Rob-
Can you email an electronic copy of the Brian Johnson subdivision so we can start our review? We are trying to
get this case before the Planning Commission on March 6, 2008. We need to publish next week.
Thanks-
Meredith
Meredith Reckert, AICP
Senior Planner
Wheat Ridge Community Development Department
Telephone: 303.235.2848
FAX.- 303.235.2857
2/12/2008
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
January 25, 2008
Brian Johnson
13997 W. 22"d Avenue
Golden, CO 80401
Dear Mr. Johnson:
The City of
Wheat Ridge
This letter is in regard to your request for a two-lot minor subdivision plat for property
located at 3516 Jay Street. I have reviewed your second submittal and have the following
comments.
With regard to the technical comments from the first submittal, all of those appear to be
addressed. There still appear to areas of concern:
v
The required lot area for a single family dwelling in the R-2 zone district is 9000
square feet. The required lot width for single family dwelling in the R-2 zone
district is 75' unless it is a corner lot whereupon each frontage must be 80' in width.
Lot 2 has only 54.79' of width along the Jay Street frontage. Please indicate how
this situation will be addressed. If you would like to include a variance request as
part of the subdivision approval, please provide a justification in writing addressing
the criteria used to evaluate a variance.
Given the physical constraint of the ditch on this property, it is questionable
whether there is adequate room to build given the required setbacks.
Based on the drawing provided which details the location of the existing structures
on Lot 1, it appears that the garage violates the required 10' setback requirement for
side yards. Therefore, a variance will be required for this as well.. If you would
like to include a variance request as part of the subdivision approval, please provide
a justification in writing addressing the criteria used to evaluate a variance.
Attached are referral responses received from other city departments regarding your most recent
submittal.
City of Wheat Ridge Public Works Department: See attached package from Dave Brossman
dated January 4, 2008.
This concludes the summary of comments. Please address each of these comments by revising
the drawings accordingly. For clarification on any of these issues, please feel free to contact any
of the Development Review committee members:
Community Development Meredith Reckert 303-235-2848
Public Works Dave Brossman 303-235-2864
Once the changes have been made, please submit five copies of revised plan sheets and technical
documents plus original redmarks. Please note that an electronic submission is required with
the resubmittal.
Because of the problems with the legal description and the requirement for accuracy, this case
can not be published until the Public Works comments have been addressed and approved. For
this reason, a Planning Commission public hearing cannot be scheduled. Once this issue has
been resolved, your case will be put on the docket.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-
2848.
incerely,
Meredith Reckert, AICP
Senior Planner
c: MS-07-04
- DEPARTMENT OF PUBLIC WORKS (303) 235-2861
Cftby of Wheat 7500 WEST29 r"
Department o of Public Works AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
January 24, 2008
Mr. Robert J. Daley, P.L.S.
American West Land Surveying Co.
12499 West Colfax
P.O. Box 129
Brighton, CO 80601
303.659.1532
Re: Second Review Comments of the Johnson Minor Subdivision Plat.
Dear Mr. Daley,
I have completed the second review of the above referenced documents for the proposed development located at
3516 Jay Street received on January 16, 2008, and I have the following comments:
Surveying Comments
1. Per Section 26-407 of the Municipal Code of Laws, the boundary as well as all parcels shall "be
determined by an accurate control survey in the field which must balance and close within a limit of at
least one (1) in fifty thousand (50,000)". The boundary and both lot closures are all less than 1:27,000 and
therefore do not meet the Code requirements. Please double-check the bearings and distances, and adjust
to meet these requirements. Please include a closure printout either by e-mail or include a hardcopy
with the next submittal.
2. The 30' Rocky Mt. Ditch easement is defined by a "centerline". Need to define how the "centerline" was
determined, i.e., "the centerline is defined as that line which is equidistant between the top of the existing
stream banks", or "the thread of the stream", etc. This info may be included in the ditch Note #5.
Please submit for review and approval two hardcopies, an electronic file of the plat in AutoCAD.dwg
format on either CD-ROM or by e-mail, and also the closure sheet. My e-mail address is:
dbrossmanna.ci.wheatrid geco.us.
The above comments are as of the date reviewed and may not reflect all comments from other departments
or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Meredith Reckert, Senior Planner
File
Johnson Minor Sub (3516 Jay St) - rmewllbr.doc
DEPARTMENT OF PUSUC WORKS (303) 235-2861
of Wh~t DDep ~c worts 7500 WEST 29tH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
January 24, 2008
Mr. Robert J. Daley, P.L.S.
erican West Land Surveying Co.
11
124 est Colfax
P.O. Box
Brighton, CO Ol
303.659.1532
Re: Second Review Comments of the Johnson Minor Subdivision Plat.
Dear Mr. Daley,
I have completed the second review of the above referenced documents for the proposed development located at
3516 Jay Street received on January 16, 2008, and I have the following comments:
Surveying Comments
I. Per Section 26407 of the Municipal Code of Laws, the boundary as well as all parcels shall "be
determined by an accurate control survey in the field which must balance and close within a limit of at
least one (1) in fifty thousand (50,000)". The boundary and both lot closures are all less than 1:27,000 and
therefore do not meet the Code requirements. Please double-check the bearings and distances, and adjust
to meet these requirements. Please include a closure printout either by e-mail or include a hardcopy
with the next submittal
2. The 30' Rocky Mt. Ditch easement is defined by a "centerline". Need to define how the "centerline" was
determined, i.e., "the centerline is defined as that line which is equidistant between the top of the existing
stream banks", or "the thread of the stream", etc. This info may be included in the ditch Note #5.
Please submit for review and approval two hardcopies, an electronic file of the plat in AutoCA D Awg
format on either CD-ROM or by e-mail, and also the closure sheet. My e-mail address is:
dbrossman@ci.wheatridge.co.us.
The above comments are as of the date reviewed and may not reflect all comments from other departments
or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Meredith Reckert, Senior Planner
File
Johnson Min" Sub (3516 Jay St) -n:viewlft, den
Closure Results Lot 1
Starting Point 901: N 14246.922 E 42546.867 Z 0.000
Ending Point 901: N 14246.922 E 42546.867 Z 0.000
Azimuth Of Error: 03°40'17"
North Error
: 0.00054
East Error
: 0.00003
Vertical Error
. -0.00000
Hz Dist Error
: 0.00054
S1 Dist Error
: 0.00054
Traverse Lines
. 9
SideShots
: 1
Store Points
: 1
Horiz Dist Traversed: 415.
601
Slope Dist Traversed: 415.
601
Closure Precisio
n: 1 in 77
2355
Starting Point 901: N 1424
6.922 E
42546.867 Z 0.000
Point Horizontal
Zenith
Slope
Northing Easting
No. Angle
Angle
Dist
Description
902 N89.4739E
90.0000
125.670
14247.373 42672.536
calc
903 50.2020E
90.0000
2.000
14245.373 42672.548
calc
904 N89.4740E
90.0000
14.330
14245.425 42686.878
calc
905 S0.2020E
90.0000
5.478
14239.947 42686.910
calc
906 S37.1330W
90.0000
25.694
14219.488 42671.367
calc
907 S41.0553W
90.0000
68.338
14167.989 42626.445
calc
908 542.3505W
90.0000
14.972
14156.966 42616.314
calc
909 589.4740W
90.0000
68.914
14156.719 42547.400
calc
901 N0.2020W
90.0000
90.205
14246.922 42546.867
calc
Elev
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Page 1 of 1
Closure Results Lot 2
Starting Point 909: N 14156.718 E 42547.400 Z 0.000
Ending Point 909: N 14156.718 E 42547.400 Z 0.000
Azimuth Of Error: 333°06'49"
North Error
: 0.00007
East Error
. -0.00004
Vertical Error
. -0.00000
Hz Dist Error
: 0.00008
S1 Dist Error
: 0.00008
Traverse Lines
: 7
SideShots
: 1
Store Points
: 1
Horiz Dist Traversed: 510.236
Slope Dist Traversed: 510.236
Closure Precisio
n: 1 in 6297005
Starting Point 909: N 14156.718 E
42547.400 Z 0.000
Point Horizontal
Zenith Slope
Northing Easting
No. Angle
Angle Dist
Description
908 N89.4740E
90.0000 68.914
14156.965 42616.314
calc
907 N42.3505E
90.0000 14.972
14167.989 42626.445
calc
906 N41.0553E
90.0000 68.338
14219.487 42671.367
calc
905 N37.1330E
90.0000 25.694
14239.947 42686.910
calc
911 50.2020E
90.0000 137.523
14102.426 42687.724
calc
910 S89.4740W
90.0000 140.000
14101.924 42547.724
calc
909 N0.2020W
90.0000 54.795
14156.718 42547.400
calc
Elev
0.000
0.000
0.000
0.000
0.000
0.000
0.000
Page 1 of 1
Closure Results Dedicated ROW Parcel
Starting Point 910: N 14101.924 E 42547.724 Z 0.000
Ending Point 910: N 14101.924 E 42547.724 Z 0.000
Azimuth Of Error: 90°00'00"
North Error :
0.00000
East Error :
0.00000
Vertical Error .
-0.00000
Hz Dist Error :
0.00000
S1 Dist Error :
0.00000
Traverse Lines .
4
Sideshots :
1
Store Points :
1
Horiz Dist Traversed: 330.001
Slope Dist Traversed: 330.001
Closure Precisio
n: 1 in 9999999
Starting Point 910: N 14101.924 E
42547.724 Z 0.000
Point Horizontal
Zenith Slope
Northing Easting
No. Angle
Angle Dist
Description
911 N89.4740E
90.0000 140.000
14102.426 42687.724
calc
912 S0.2020E
90.0000 25.000
14077.426 42687.872
calc
913 589.4740W
90.0000 140.000
14076.924 42547.872
calc
910 N0.2020W
90.0000 25.000
14101.924 42547.724
calc
Sideshots
Elev
0.000
0.000
0.000
0.000
Page 1 of 1
City of
9 heat.R
COMMUNITY DEVELOPMENT
Memorandum
TO: Dave Brossman
FROM: Meredith Reckert
DATE: January 16, 2008
SUBJECT: Case No. MS-07-04/Johnson
Attached are resubmitted documents for Case No. MS-07-04, two lot minor subdivision request
at 3516 Jay Street. Included in the packet are the following:
• Two copies of the plat
• One electronic copy on disk
• An explanation of parcel history prepared by the surveyor
• Copy of a land transaction along northern property line - intended to correct a structure
encroachment
• Copy of the title commitment for the property.
Please review and return comments at your convenience.
Daley Land Surveying Inc.
10727 Flagler Dr.
Parker, CO. 80134 Fr
August 28, 2007
RE: Brian Johnson Minor Subdivision Plat
I am including in this document areas of concern that were discovered while researching
and performing the survey.
• The first one being the legal description for the subject parcel as it is currently on
record at the Jefferson County courthouse. As I traced back the chain of title I
discovered that the parcel has always been described as "beginning at or
commencing at the southwest corner of lot 8 Conway Heights, thence along the
west line of lot 8 a distance of...". However, over the course of several
transactions and subsequent re-writings of the description, some important
information and details were omitted and hence have created an ambiguous
description for the parcel.
o On September 3, 1965 Petla sells and grants to Foster a parcel of land
described as: "That part of the W112 SEI14 NEI14 NWI14 Section 25,
Township 3 South, Range 69 West, known as and referred to as part of
Lot 8 Conway Heights, more particularly described as follows: Beginning
at the southwest corner of Lot 8; thence North 168 feet: thence East 140
feet: thence South 168 feet; thence West 140 feet to the point of beginning,
being the premises known as and numbered 3516-18 Jay street
o At this point in time 9/3/1965, there is no record of a right of way for 35 h
St. being granted to either the City of Wheat Ridge or Jefferson County.
o The South line of lot 8 Conway Heights is an aliquot line (Nl/16a' line
section 25) and its location is dependant upon the location of the
controlling aliquot corners.
o This aliquot line is the approximate centerline of 35v' St. That 35th St. has
been used for public transportation and utilities for some time is evident.
However, the point in time when these activities began is not clear.
o On July 21, 1994, Foster sells and grants to Forgo this same parcel of land.
The description used to convey the land differs from the previous
description, creating the discrepancy we have today. The land was
described as follows: "That part of the W112 SE114 NE114 NW114 Section
25, Township 3 South, Range 69 West, known as and referred to as part of
Lot 8 Conway Heights, more particularly described as follows: Beginning
at the southwest corner of Lot 8, thence North 145.5 feet: thence East 140
feet: thence South 145.5 feet; thence West 140 feet to the point of
beginning, being the premises known as and numbered 3516-18 Jay
street".
o The difference being the distance North and South. 168 feet (Petla to
Foster), 145.5 feet (Foster to Forgo). The 145.5ft distance on the North /
South lines is consistent in the descriptions when the parcel was deeded
from Forgo to Worming in 1997 and from Worming to Johnson in 2000.
o Both descriptions (Petla and Foster) begin at the Southwest corner of Lot 8
although their respective interpretations of where that point is are
different. I believe that Petla's interpretation is the true Southwest corner
of Lot 8 and Foster's interpretation is a point which is at the intersection of
the East Right of Way line of Jay St. and what he believes is the North
Right of Way line of 35th St. (although there still has not been a dedication
of land to the City of Wheat Ridge or Jefferson County at this point in
time)-
• I believe that Foster thought that there was a Right of Way width for 35th
St. similar to that of Jay St., being 45 feet. I believe this is how he
determined the new dimension along the North / South lines of the parcel.
I believed he subtracted one-half of the 45 feet (22.5 feet) from the North /
South dimensions of the parcel to come up with a distance of 145.5 feet
for those lines (168.0-22.5=145.5).
o One thing Foster failed to recognize was that parcels to the East and West
of his had already dedicated or granted a one-half Right of Way width for
35th St. of 25 feet. I believe that lines of occupation a distance of 25 feet
North of the aliquot line (South line of Lot 8) were already established at
the time that Foster changed the legal description, sold and granted the
property to Forgo. I believe that he measured out 145.5 feet from the 25ft
"Right of Way" line and established a point which was 170.5ft. and not
168 ft North of the South line of Lot 8.
o Considering what has been laid out above, one may expect to find lines of
occupation and survey monuments at a distance of 170.5ft. North of
the South Line of Lot 8. When I surveyed the property this is exactly what
I discovered. I mapped a concrete wall and chain-link fence along the
northerly line which were approximately 170 ft. North of the South line of
Lot 8. I also found survey monuments at roughly the same distance.
(These monuments were set as part of an un-recorded survey by Larry
Fisher, LS 22094, performed in 1987). This evidence supports the
likelihood of Foster assuming a one-half width ROW of 22.5 ft. and not 25
ft. when he created the new legal description and established the Northerly
line of the parcel.
o Since Foster never recorded a dedication of right of Way, I believe that the
description he created when he sold and deeded the property to Forgo is
inaccurate and creates ambiguity in the location of the North line of the
parcel and that the subsequent conveyances of the parcel inherit the same
fallacies. I believe that the description should still read as it did when
Petla sold and deeded the parcel to Foster with the following
additions. A parcel of land being part of Lot 8 Conway Heights as
recorded in the Jefferson County Clerk and Recorders Office, situated in
the NW'/a of section 25, T. 3S., R69W., of the 6`hP.M.,City ofWheat Ridge,
County of Jefferson, State of Colorado, more particularly described as
follows: Beginning at the Southwest corner of said Lot 8 from whence the
Center '/a corner of said section 25 bears 5'2304'29 "E a distance of
1438.62 feet; thence N0020'20"W along the West line of said Lot 8 and
the East R. 0. W. line of Jay street a distance of 168.00 feet; thence
N8947'40 "E a distance of 140.00 feet to a point on the south line of Lot
10 of Gerald Lee Heights re-subdivision, as recorded in the Jefferson
County Clerk and Recorders Office; thence 50020'20 "E a distance of
168.00 feet to a point on the South line of said Lot 8, line also being the
South line of the NE %4 of the NW'/, of Section 25, T. 3S., R. 69W of the
6r"P.M.; thence 58947'40"W along the said South line of Lot 8,and said
South line of the NE `/e of the NW'/a of Section 25, a distance of 140.00
feet to the point of beginning.
o Additionally, the description for the adjacent parcel to the North has
always been described as "Beginning at a point 168ft. north of the
Southwest corner of Lot 8 Conway Heights. This being the case, the North
line of the subject parcel and the adjacent parcel to the North is a common
line, 168ft. North of the Southwest corner of Lot 8 Conway Heights.
Another item of concern is that of the location of the garage in respect to the
property line. It appears that the garage encroaches upon the adjacent parcel to the
North 1.6ft., for a distance of 24.2ft.
This is the testimony of Robert Daley of Daley Land Surveying, hic. based upon a field
survey and research conducted under my supervision between July, 28, 2007 and August
7, 2007
0 25 50 100
SCALE: 1" = 50.00'
ML R. k JUDITH C. MNNING
3539 AY ST.
RECRFC509131
S00'20'20"E 589'47'40"W 125.67'
2.00'
N89'47'40"E 125.67'
TRUE
POB
BRIAN C. JOHNSON
L 10. 6ERN LEE HEIGHTS
REC./F163a029
O
O a `y
n
O A y
z O A
m
D
BRIM' C. JOHNSON
{ y
O 3516 KY S!.
m
p REC./F1469634
m
UI y
589'47'40"W 556.50'
N 1/4 CORNER S25
T.3S., R.69W., FND
3 1/4" BRASS CAP LS
13212 IN RANGE BOX
I
I
I
m
Z
Im
F
I _
A
U
C)
o I
p U
(0 CD
O N
~ N
t1
I p
W ~
N I m
N
U A
y
I"
O
MELODY A RTRL lp
6151 W 35TH AYE
REC./FO]9M45 W
m
U
N
m
I
ON 1/16 CORNERI
S25 T.3S., R.69W
- - - - - - - NOT RECOVERED I
I
C 1/4 CORNER S25
T.3S., R.69W., FND
3 1/4" BRASS CAP LS
28279 IN RANGE BOX
NOTE: THIS DOES NOT REPRESENT A
MONUMENTED SURVEY. IT IS INTENDED ONLY
TO DEPICT THE ATTACHED DESCRIPTION. CLIENT: BRIAN JOHNSON
JOB NO. 0710-001.1
SHEET 1 OF 1
DALLY LAND
SURVEYING, INC.
1077 FLAGLNIl2 DR.
PARKER, CO. 80134
303 953 9841
LEGAL DESCRIPTION
A parcel of land being a part of Lot 8, Conway Heights, as recorded in the Jefferson County Clerk
and Recorder's Office, situated in the NW % of Section 25, T.3S., R.69W., of the 01' PM, City of
Wheat Ridge, County of Jefferson, State of Colorado, being more particularly described as follows,
NOTE: For the purpose of this description the bearings are based on the East line of the
Northwest Quarter of Section 25, T.3S., R.69W., bearing South 00°19'08" East, a distance of
2651.08 feet. The Northeast comer of the NW % being monumented with a 3 %4" brass disc
marked "LS 13212", and the Southeast corner of the NW % being monumented with a 3 %a" brass
disc marked "LS 28279".
BEGINNING at the Northeast corner of the NW % of Section 25;
Thence S 00°19'08" E along the East line of said Northwest Quarter a distance of 1325.54 feet to
the Center North 1/1 6th corner of said section 25.
Thence S 89°47'40" W along the South line of the NE % of the NW % of section 25 also being the
South line of Conway Heights, a distance of 556.50 feet to the Southwest comer of Lot 8, Conway
Heights.
Thence N 00°20'20" W along the West line of Lot 8, also being the East R.O.W. line of Jay Street,
a distance of 168.00 feet to the Southwest comer of that parcel described in Reception
#F0509731, as recorded in the Jefferson County Clerk and Recorder's Office, to the TRUE POINT
OF BEGINNING.
Thence N 89°47'40" E along the South line of said parcel a distance of 125.67 feet, to the
southeast corner said parcel.
Thence N 00°19'48" W along the East line of said parcel a distance of 2.00 feet;
Thence S 89°47'40" W a distance of 125.67 feet to a point on the West line of said parcel also
being the East R.O.W. line of Jay Street;
Thence S 00°20'20" E along the West line of said parcel, also being the East R.O.W. line of Jay
Street, a distance of 2.00 feet to the TRUE POINT OF BEGINNING.
I hereby certify that the above legal description was prepared under my direct supervision.
Robert Daley PLS
Daley Land Su ng, Inc.
10727 Flagler Dr.
Parker, CO 80134
303 953 9841
DLS Job No.: 0710-001
Date: 12/19107
Notice: According to Colorado law you must commence any legal actions based upon a defect in
this survey within three years after you first discover such defect. In no event, may any action
based upon any defect in this survey be commenced more than ten years from the date of
certification shown hereon.
Land Title Guarantee Company
Date: July 26, 2007
CLARION MORTGAGE CAPITAL, INC.
9034 E. EASTER PLACE
SUITE #205
ENGLEWOOD CO 80112
FINAL DOCUMENT DEPT.
Re: Your Ref. Number 7171384
Enclosed please find your Land Title Guarantee Company loan policy insuring the property at
3516 - 3518 TAY STREET WHEAT RIDGE CO 80033
and owned by BRIAN C IOHNSON
The following endorsements are included in this policy:
Endorsement 100
Endorsement Alta 8.1
Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions
or comments regarding your policy, you may contact Final Policy Department
Phone: 303-636-2765 Fax: 303-755-7907
Please refer to our Order No. TR845234
We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide
the most efficient, reliable service in the industry. Thank you for giving us the opportunity to serve you!
Sincerely,
Land Title Guarantee Company
pqq LOAN POLICY
American Land Title Association Loan Policy 1017-92
Land Title SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
INSURANCE CORMIzATION CONDITIONS AND STIPULATIONS, LAND TITLE INSURANCE CORPORATION, a Colorado Corporation, herein called the Company,
insums,as of Date of Policy shown in Schedule A, against lass or damage, not exceeding the Amount of Insurance stated in Schedule
A, sustained or incurred by the insured by reason of:
1. Tide to the estate of interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien in encumbrance on the title;
3. Unmarketabildy of the title;
4. Lack of a right of access to and from the land;
5. The invalidity or ucenfomeability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage;
7. Lack of priority of the lien of the insured mortgage over any statutory lien for services, labor or material;
(a) arising from an improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or
(b) arising from an improvement or work related to the land which is contracted far or commenced subsequent to Date of Policy and which is financed in whole or in part
by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance;
B. The invalidity or unenfora ability of any assignment of the insured mortgage, provided the assignment is shown on Schedule A, or the failure of the assignment shown in
Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs, attorney's fees and expenses incurred in defense of the fide or the lien of the insured mortgage, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, the said LAND TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of
the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company.
The following matters are expressly excluded from the coverage of this policy and the
Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to
building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to the occupancy, use, or enjoyment of the land; (i)
the character dimensions or location of any improvement now or hereafter erected
on the land In) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; of (v) environmental
protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a
ounce of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any governmental police power rut excluded by (a) above, except to the extent
that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of ernment domain unless nonce of the exercise thereof has been recorded in
the public records at Date of Policy, but rut excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of
a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other mattters;
(a) Created, suffered, assumed or agreed to by the insured claimant
(b) not known to the Company, net recorded in the public records at Date of Policy,
but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant insured prior to the date the insured claimant became an
insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this
Issued through the Office of:
LAND TITLE GUARANTEE COMPANY
3033 E 1ST AVE 8600
DENVER, CO 80206
303-636.2765
Authorized Signature
policy insures the priority of the lien of the insured mortgage over any statutory
lien for services, labor or materiali; or
(e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure
of the insured at Date of Policy, or the inability or failure of any subsequent owner of
the indebtedness, to comply with applicable doing business laws of the state in which
the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof,
which arses out of the transaction evidenced by the insured mortgage and is based
upon usury or any consumer credit protection or truth in tending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any
statutory lien for services, labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured mortgage which at Date of
Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee
insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a
fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the
application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a
preferential transfer except.where the preferential transfer results from the
failure;
to timely record the instrument of transfer; or
n of such recordation to impart notice to a purchaser for value or a
Judgment or lien creditor.
Land Title Insurance Corporation
P.G. Box 5645
Deaver, CO 80217
(303) 331.6296
Go R~~6;•'p-oc
SEAL
C.~~ORP~~~~o
AL.LTIC (Form 401) Cover Page 1 of 4
CONDITIONS AND STIPULATIONS
1. Definition of Terns.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A. The ten "insured" also includes:
the owner of the indebtedness secured by the insured mortgage and each
successor in ownership of the indebtedness except a successor who is an obligor
under the provisions of Section 12(c) of these Conditions and Stipulations (reserving,
however, all rights and defenses as to any successor that the Company would have had
against any predecessor insured, uness the successor acquired the indebtedness as a
purchaser for value without knowledge of the asserted defect lien, encumbrance, adverse
claim or other matter insured against by this policy as affecting title to the estate or
interest in the land);
In) any governmental agency or governmental instrumentality which is an
insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the
indebtedness secured by the insured mortgage, or any part thereof, whether named as an
insured herein or net,
(ii) the parties designated in Section 2(a) of these Conditions and Stipulations.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of the public records as defined in
this policy or any other records which impart constructive notice of matters affecting
the land.
(d) "land": the land described or referred to in Schedule A, and improvements
affixed thereto which by law constitute real property. The term "land" does not include
any property beyond the lines of the area described or rejected to in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, but nothing herein shall modify or limit the extent to which
a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, dead of trust, trust deed, or other security Instrument.
(f) "public retards": records established under state statutes as Date of Policy for
the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge. With respect to Section 1(a)(v) of the
Exclusions from Coverage, "public records" shall also include environmental protection
liens fled in the records of the clerk of the United States District Court for the district
in which the land is located.
(g1 "unmarketability of the tide": an alleged or apparent matter affecting the title to
the land, net excluded or excepted from coverage, which would entitle a purchaser of
the estate or interest described in Schedule A or the insured mortgage to be released from
the obligation to purchase by virtue of a contractual condition requiring the delivery of
marketable tide.
2. Continuation of Insurance.
(a) After Acquisition of Title. The coverage of this policy shall continue in force as of
Date of Policy in favor of @) an insured who acquires all or any part of the estate or interest
in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal
manner which discharges the lien of the insured mortgage, n a transferee of the estate or
interest so acquired from an insured corporation, provided the transferee is the parent or
wholly-owned subsidiary of the insured corporation, and their corporate successors by
operation of law and net by purchase, subject to any rights or defenses the Company may
have against any predecessor insureds; and (i) any governmental agency or governmental
instrumentality which acquires all or any part of the estate or interest pursuant to a
contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by
the insured mortgage.
0) After Conveyance of Title. The coverage of this policy shall continue in force as
of Date of Policy in favor of an insured only so long as the insured retains an estate or
interest in the land, or holds an indebtedness secured by a purchase money mortgage given
by a purchaser from the insured, m only so lore as the insured shall have liability by reason
of covenants of warranty made by the insured in any transfer or conveyance of the estate
or interest. This policy shall not continue in farce in favor of any purchaser from the insured
of either (I) an estate or interest in the land, or i an indebtedness secured by a purchase
money mortgage given to the insured.
(c) Amount of Insurance. The amount of insurance after the acquisition or after the
conveyance shall in neither event exceed the least of:
0 the Amount of Insumnee state in Schedule A;
(i) the amount of the principal of the indebtedness secured by the insured
mortgage as of date of Policy, interest thereon, expenses of foreclosure, amounts advanced
pursuant to the insured mortgage to assure compliance with laws or to protect the lien of
the insured mortgage prior to the time of acquisition of the estate or interest in the land
and secured thereby and reasonable amounts expended to prevent deterioration of
improvements, but reduced by the amount of all payments made; or
(ii) the amount paid by any governmental agency or governmental
instrumentality, if the agency or instrumentality is the insured claimant in the acquisition
of the estate or interest in satisfaction of its insurance contract or guaranty.
3 Notice of Claim to be Given by Insured Claimant.
The Insured shall notify the Company promptly in writing in case of any litigation
as set forth in Section 4(a) below, a in case knowledge shall come to an insured hereunder
of any claim of title or interest which is adverse to the title to the estate or interest or
the lien of the insured mortgage, as insured, and which might cause loss or damage of
which the Company may be liable by virtue of this policy, or do) if title to the estate
of interest or the lien of the insured mortgage, as insured, is rejected as unmarketable.
If prompt notice shall not be given to the Company, then as to the insured all liability
of the Company shall terminate with regard to the matter m matters for which prompt notice
is required; provided, however, that failure to notify the Company shall in no use prejudice
the rights of any insured under this policy unless the Company shall be prejudiced by the
failure and then ouly to the extent of the prejudice.
4 Defense and Prosecution of Action- Duty of Insured Claimant to Cooperate.
(a) Upon written request by the insured and subject to the options contained in
Section 6 of these Conditions and Stipulations, the Company at its awn cost and without
unreasonable delay, shall provide for the defense of an insured in litigation in which any
third party asserts a claim adverse to the ride or interest as insured, but only as to those
stated causes of action alleging a defect lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel of its choice
(subject to the right of the insured to abject for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters not insured against
by this policy.
(b) The Company shall have the right, at its awn cost to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest or the lien of the insured mortgage,
as insured, or to prevent or reduce lass or damage to the insured. The Company may take
any appropriate action under the terms of this policy, whether or net it shall be liable
hereunder, and shall not thereby concede liability or waive any provision of this policy.
If the Company shall exercise its rights under this paragraph, it shall do diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly reserves
the right, in its sole descredon, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or
provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the name of the insured for
this purpose. Whenever requested by the Company, the insured, at the Company's expense,
shall give the Company all reasonable aid O in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement and G) in any other lawful act which in the opinion of the Company
may be necessary or desirable to establish the fide to the estate or interest or the lien
of the insured mortgage, as insured. If the Company is prejudiced by the failure of the
insured to furnish the required cooperation, the Company's obligation to the insured
under the policy shall terminate, including any liability or obligation to defend, prosecute,
or continue any litigation, with regard to the matter or matters requiring such cooperation.
5 Prof of Loss or Damage.
In addition to and after the ounces required under Section 3 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed and
sworn to by the insured claimant shall be furnished to the Company within 90 days after
the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof
of loss or damage shall describe the defect in, or lien or encumbrance on the table, or
other matter insured against by this policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure of the insured claimant to provide
the required proof of loss or damage, the Company's obligations to the insured under the
policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such proof of
lass or damage.
In addition, the insured claimant may reasonably be required to submit to examination
under oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a dale before or after Date of
Policy, which reasonably pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the insured claimant shall grant its permission,
in writing, for any authorized representative of the Company to examine, inspect and copy
all records, books, ledgers, checks, correspondence and memoranda in the custody or
AL.LTIC.2 Cover Page 2 of 4
control of a third party, which reasonably pertain to the loss or damage. All information
designated as confidential by the insured claimant provided to the Company pursuant to
this Section shall not be disclosed to others unless, in the reasonablejudgment of the
Company, it is necessary in the administration of the claim. Failure of the insured claimant
to submit for examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information form Hard parties as
required in this paragraph, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this policy as to that claim.
6. Options to Pay or Otherwise Settle Claims; Termination of Liability.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the
Indebtedness.
@ to pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company, up to the time of payment or tender of payment
and which the Company is obligated to pay; or
(ii) to purchase the indebtedness secured by the insured mortgage for the
amount owing thereon together with any costs, attorneys' fees and expenses incurred by
the insured claimant which were authorized by the Company up to the time of purchase
and which the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided, the owner of
the indebtedness shall transfer, assign, and convey the indebtedness and the insured
mortgage, together with any collateral security, to the Company upon payment therefore.
Upon the exercise by the Company of either of the options provided for in paragraphs
(a)(i) or (n), all liability and obligations to the insured under this policy, other than to
make the payment required in those paragraphs, shall terminate, inducing any liability or
obligation to defend, prosecute, or continue any litigation, and the policy shall he
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parries Other Than the Insured or With The
Insured Claimant.
(t7 to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized by
the Company up to the time of payment and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to the
time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or i, the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to he made, shall
terminate, including any liability or obligation to defend, prosecute, or continue
any litigation.
7. Determination and Extent of Liability.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or insured by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the least of;
@ the Amount of Insurance stated in Schedule A, or, if applicable, the
amount of insurance as defined in Section 2(c) of these Conditions and Stipulations,
(n) the amount o the unpaid principal indebtedness secured by the insured
mortgage as limited or provided under Section 8 of these Conditions and Stipulations
or as reduced under Section 9 of these Conditions and Stipulations, at the time the
lass or damage insured against by this policy occurs, together with interest thereon; or
(iii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy.
(b) In the event the insured has acquired the estate or interest in the manner
described in Section 2(a) of these Conditions and Stipulations or has conveyed the
title then the liability of the Company shall confine as set forth in Section 7(a) of
these Conditions and Stipulations.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
its obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent. the Company shall have rm liability for loss or damage unlit there
has been a final determination by a court of competentjurisdiction, and disposition of all
appeals therefrom, adverse to the time or to the lien of the insured mortgage, as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
(d) The Company shall not be liable for: (t) any indebtedness created subsequent to
Date of Policy except for advances made to protect the lien of the insured mortgage and
secured thereby and reasonable amounts expended to prevent deterioration of
improvements; or n construction loan advances made subsequent to Date of Policy,
except construction loan advances made subsequent to Date of Policy for the purpose of
financing in whole or in part the construction of an improvement to the land which at
Date of Policy were secured by the insured mortgage and which the insured was and
continued to be obligated to advance at and after Date of Policy.
9 Reduction of Insurance• Reduction or Termination of LIahIIIIV.
(a) All payments under this policy, except payment made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto. However, any payments
made prior to [be acquisition of time to the estate or interest as provided in Section
2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of the
insurance afforded under this policy except to the extent that the payments reduce the
amount of the indebtedness secured by the insured mortgage.
(b) Payment in part by any person of the principal of the indebtedness, or any other
obligation secured by the insured mortgage, or any voluntary partial satisfaction or
release of the insured mortgage, to the extent of the payment satisfaction or release,
shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter
be increased by accruing interest and advances made to protect the lien of the insured
mortgage and secured thereby, with interest thereon, provided in no event shall the
amount of insurance be greater than the Amount of Insurance stated in Schedule A.
(c) Payment in full by any person or the voluntary satisfaction or release of the
insured mortgage shall terminate all liability of the Company except as provided in
Section 2(a) of these Conditions and Stipulations.
10 liability Noncumulative.
If the insured acquires tilde to the estate or interest in satisfaction of the
indebtedness secured by the insured mortgage, or any part thereof, it is expressly
understood that the amount of insurance under this policy shall be reduced by any amount
the Company may pay under any policy insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be deemed a payment
under this policy.
11. Payment of Loss.
(a) No payment shall be made without producing this policy for endorsement of the
payment unless the policy been last or destroyed, in which case proof of loss or
destruction shall be famished in the satisfaction of the Company.
(b) when liability and the extent of loss or damage has been definitely fixed in
accordance with the Conditions and Stipulations, the loss or damage shall be payable
within 30 days thereafter.
12 Subrogation Upon Payment or Settlement.
(a) The Company's Riaht of Submgation.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the insured claimant would have had against any person or property in respect to the
daim had this policy not been issued. If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The insured claimant shall
permit the Company to we, compromise or settle in the name of the insured claimant
and to use the name of the insured claimant in any transaction or litigation involving
these rights or remedies.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien
If a payment on account of a claim does not fully cover the loss of the insured
or encumbrance, or cures the lack of a right of access to or from the land, or
claimant, the Company shall be subrogated to all rights and remedies of the insured
cures the claim of unmarketability of title, or otherwise establishes the lien of the insured
claimant after the insured claimant shall have recovered its principal, interest, and
mortgage, all as insured, in a reasonably diligent manner by any method, including
costs of collection.
litigation and the completions of any appeals therefrom, it shall have fully performed
AL.LTIC.3 Cover Page 3 of 4
th) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness secured by the insured
mortgage, provided the priority of the lien of the insured mortgage or its enforceability
is not affected, may release or substitute the personal liability of any debtor or
guarantor, or extend or otherwise modify the terms of payment, or release a portion of
the estate or interest from the ben of the insured mortgage, or release any collateral
security for the indebtedness.
When the permitted acts of the insured claimant occur and the insured has
knowledge of any claim of title or interest adverse to the fide to the estate or
interest or the priority or enforceability of the lien of the insured mortgage, as
insured, the Company shall be required to pay only that part of any losses insured
against by this policy which shall exceed the amount, if any, last to the Company by
reason of the impairment by the insured claimant of the Company's right of subrogation.
(c) The Comoany s Rights Against Noninsured Obligors.
The Company's right of submgalmn against noninsured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnifies, guaranties,
other policies of insurance or bonds, notvnthstanding any tens or conditions contained
in those instruments which provide for subrogation rights by reason of this policy.
The Company's right of subrogation shall not be avoided by acquisition of the
insured mortgage by an obligor (except an obligor described in Section 1(a)(i) of
these Conditions and Stipulations) who acquires the insured mortgage as a result of an
indemnity, guarantee, other policy of insurance, or bond and the obligor will not be
an insured under this policy, notwithstanding Section 1(a)() of these Conditions and
Stipulations.
13. Arbitration.
Unless prohibited by applicable law, either the Company or the insured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the Amencan Arbitration
Assoclfion. Arbitrable matters may include, but are not limited to, and controversy or
claim between the Company and the insured arising out of or relating to this policy, any
service of the Company in connection with its issuance at the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of Insurance is
$1,000,000 or less shall be arbitrated at the option of either the Company or the
insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000
shall be arbitrated only when agreed to by both the Company and the insured.
Arbitration pursuant to this policy and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award may include attorneys' fees only
if the laws of the state in which the land is located permit a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may he
interest in any court having jurisdiction thereof.
The law of the sites of the land shall apply to an arbitration under the ride
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14 Liability Limited to This Policy Policy Entire Contract.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which
arises out of the status of the lien of the insured mortgage at of the tide to the
estate or interest covered hereby or by any action asserting such claim, shall he
restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a wntmg
endorsed hereon or attached hereto signed by either the President, a Vice President,
the Secretary, an Assistant Secretary, or validating officer or autho cted signatory
of the Company.
15. Severability.
In the event any provison of this policy is. held invalid or unenforceable under
applicable law, the policy shall be deemed net to include that provision and all other
provisions shall remain in full force and effect.
16. Notices Where Sent.
All notices required to be given the Company and any statement in writing required
to be furnished the Company shall include the number of this policy and shall be
addressed to its Home Office: P.O. Box 5645, Denver, Colorado 80217, (303) 331-6296.
Applies to policies in excess of $250,000.
This Certificate is attached to and constitutes a part of The Title Insurance Policy of Land Tide Insurance Corporation.
In consideration of the premium paid under this policy, it is hereby understood and agreed that OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY assumes liability under
this policy for all loss in excess of $250,000.00. In the event of any valid claim under this policy by reason of loss or damage insured against in excess of $250,000.00, such excess
loss shall be assumed and paid by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY in the same manner and to the same extent as if such excess loss had been insured
by a policy of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY.
IN WITNESS WHEREOF the OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused this certificate to be executed by it's duly authorized officers.
OLD REPUBLIC NATIONAL TIT
A Stuck Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612) 371-1111
•~PI TiTLpI
;ic** it x-•SG,'-
P .
U * * Z
0
L070 ANda
AL.LTIC.4 Cover Page 4 of 4
Form AL/LTIC
Our Order No. TR845234
Schedule A
Property Address: 3516 - 3518 JAY STREET WHEAT RIDGE CO 80033
1. Policy Date: April 25, 2002 at 5:00 P.M.
2. Name of Insured:
I LTG Policy No. 845234LTAJ
Amount $164,100.00
CLARION MORTGAGE CAPITAL, INC., ITS SUCCESSORS AND/OR ASSIGNS
3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
BRIAN C. JOHNSON
5. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any are
described as follows:
DEED OF TRUST DATED APRIL 22, 2002, FROM BRIAN C. JOHNSON TO THE PUBLIC
TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF CLARION MORTGAGE CAPITAL,
INC. TO SECURE THE SUM OF $164,100.00 RECORDED APRIL 25, 2002, UNDER
RECEPTION NO. F1469635.
6. The land referred to in this policy is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
This Policy Valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Land Title Insurance Corporation
LAND TITLE GUARANTEE COMPANY
Case TR845234
Policy 845234LTAJ ENDORSEMENT 100
Loan # 7171384
Property Address 3516 - 3518 JAY STREET WHEAT RIDGE CO 80033
Owner BRZAN C. JOHNSON
The Company hereby insures against loss which said insured shall sustain by
reason of the following matters:
1. Any incorrectness in the assurance which the Company hereby gives:
(a) That there are no covenants, conditions, or restrictions under which the
lien of the mortgage or deed of trust referred to in Schedule A can be cut off,
subordinated, or otherwise impaired;
(b) That, except as shown in Schedule B, there are no present violations on said
land of any enforceable covenants, conditions, or restrictions;
(c) That, except as shown in Schedule B, there are no encroachments of buildings,
structures, or improvements located on said land, onto adjoining lands, nor any
encroachments onto said land of buildings, structures, or improvements located
on adjoining lands.
2. Any future violations on said land of any covenants, conditions, or restrictions
occurring prior to acquisition of title to said estate or interest by the insured,
provided such violations result in loss or impairment of the lien of the
mortgage or deed or trust referred to in Schedule A or result in loss of the
title to said estate or interest if the insured shall acquire such title in
satisfaction of the indebtedness secured by such mortgage or deed of trust.
3. Damage to existing improvements which are located or encroach upon that portion
of the land subject to any easement shown in Schedule B, which damage results
from the exercise of the right to use or maintain such easement for the purposes
for which the same was granted or reserved.
4. Any final court order or judgment requiring removal from any land adjoining said
land of any encroachment shown in Schedule B.
Whenever in this endorsement any or all of the words "covenants, conditions or
restrictions" appear, they shall not be deemed to refer to or include the terms,
covenants and conditions contained in any lease referred to in Schedule A.
The total liability of the Company under said Policy and any endorsements therein
shall not exceed, in the aggregate, the face amount of said policy and costs which
the Company is obligated under the conditions and stipulations thereof to pay.
This endorsement is made a part of said Policy as of the date thereof and is
subject to the schedules, conditions and stipulations therein, except as modified
by the provisions hereof. Nothing herein contained shall be construed as extending
or changing the effective date of the aforesaid policy or commitment, unless
otherwise expressly stated.
Representing Land Title Insurance Corporation
Land Title Guarantee Company
Case TR845234
Policy 845234LTAJ
Loan k 7171384
ENDORSEMENT ALTA 8.1
ENVIRONMENTAL LIEN PROTECTION
The insurance afforded by this endorsement is only effective if the land is
used or is to be used primarily for residential purposes.
The Company insures the insured against loss or damage sustained by reason
of lack of priority of the lien of the insured mortgage over:
(a) any environmental protection lien which, at Date of Policy, is recorded
in those records established under state statutes at Date of Policy for
the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without knowledge, or filed
in the records of the clerk of the United States district court for
the district in which the land is located, except as set forth in
Schedule B-1; or
(b) any environmental protection lien provided for by any state statute in
effect at Date of Policy, except environmental protection liens
provided for by the following state statutes: None
This endorsement is made a part of the policy and is subject to all of the
terms and provisions thereof and of any prior endorsements thereto. Except to
the extent expressly stated, it neither modifies any of the terms and provisions
of the policy and any prior endorsements, nor does it extend the effective date
of the policy and any prior endorsements, nor does it increase the face amount
thereof.
Representing Land Title Insurance Corporation
♦11I
City of
WheatRjdge
COURTESY NOTICE
January 11, 2008
Dear Property Owner:
Please be advised that Case No. MS-07-04, a request for a two-lot minor
subdivision with a lot width variance for property located at 3516 Jay Street,
has been continued to a date uncertain. When a new public hearing date has
been established, publishing, posting and letter noticing will occur.
If you have any questions or desire to review any plans, please contact the
Planning Division at 303-235-2846. Thank you.
Planning Division.
ms0704.doc
CITY OF WHEAT RIDGE MUNICIPAL BUILDING 7500 W 29th Ave Wheat Ridge, CO 80033-8001 p. 303.234.5900 f. 303.234.5924
w v cimheatridge.co.us
I City of
Wheat -Midge
COMMUNITY DEVELOPMENT
Memorandum
TO: Planning Commission
FROM: Meredith Reckert
DATE: January 11, 2008
SUBJECT: Case No. MS-07-04/Johnson
Please be advised that Case No. MS-07-04/Johnson, a request for a two-lot minor subdivision
plat with a lot width variance for property located at 3516 Jay Street, has been continued until a
date uncertain. When a new public hearing date has been established, publishing, posting and
notification will occur.
" dCity of
~~7~Theat~dge
COMMUNITY DEVELOPMENT
Memorandum
TO:
Planning Commission
FROM:
Meredith Reckert
DATE:
November 28, 2007
SUBJECT:
Case No. MS-07-04/Johnson
Please be advised that Staff is recommending a continuance of Case No. MS-07-04/Johnson, a
request for a two-lot minor subdivision plat with a lot width variance for property located at
3516 Jay Street. A continuation until January 3, 2008 is recommended. No staff report was
written and no discussion regarding the case should occur.
Suggested motion:
"I move to continue Case No. MS-07-04, a request for approval of a two lot minor subdivision
with a lot width variance for property zoned R-2, Residential-Two at 3516 Jay Street, until
Thursday, January 3, 2008."
CITY OF WHEAT GE
7500 W 29TH E
WHEAT GE CO 80033
BURKHARD 1800337444
3650 JAY S f~ WHEAT RI 7006 3450 0002 4529 4849
WILDE H D
INGALLS WILLIAM W
JOHNSON BRIAN
WILDE MARTHA B
INGALLS GENEVA G
13997 W 22ND
3596 INGALLS ST
9490 VANCE CT
LD.EN'CO 80401
GO
WHEAT RIDGE CO 80033 7434
BROOMFIELD CO 80020
.
7006 3450 0002 4529 4825
7006 3450 0002 4529 4818
-
LEO Q ANDERSBN RE
VIGIL ROBERT E
TRUST
STALEY MELODY A
3665 HARLAN ST
MILDRED A ANDERSON REVOCABLE
6151 W 35TH AVE
WHEAT RIDGE CO 80033 7425
TRUST
WHEAT RIDGE CO 80033 7408
7006 3450 0002 4529 4894
3550 INGALLS ST
WHEAT RIDGE COROO"
7006 3450 0002 4529 4870
529 4887
7006 3450 0002 4
TH R
CARVER VANE
RMAN GARY & CONNIE JHYREE
LAMKIN KENNE
SEEDS SUSAN C
CARVER THERSA J
BURKEPILE TRU
6147 W 35TH AVE
6735 W 31ST AVE
6285 W 35TH AVE
WHEAT RIDGE CO 80033 7408
WHEAT RIDGE CO 80214
WHEAT RIDGE CO 80033
7006 3450 0002 4529 4801
7006 3450 0002 4529 4863
CASTILLO MERCEDES M
CASTILLO PATRICIA
3655 HARLAN ST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 4795
WONNING EARL R
WBNNING JUDI
1980 TAFT
LAKE D CO 80215
WONNING EARL R
WONNING JUDITH C
1980 TAFT DR
LAKEWOOD CO 80215
7006 3450 0002 4529 4740
BERRY KAREN A
BERRY DAVID A
6275 W 35TH AVE
WHEAT RIDGE CO 80033 6406
7006 3450 0002 4529 4986
DAVIS KEITH D
DAVIS JUDITH E
1060 ALKIRE ST
GOLDEN CO 80401 4212
7006 3450 0002 4529 4955
7006 3450 0002 4529 4856
KILLION KIET A
3555 HARLANST
WHEAT RIDGE CO 80033 7423
7006 3450 0002 4529 4788
BRAKE MICHAEL R
BRAKE DIANE Y
6075 W 35TH AVE
WHEAT RIDGE CO 80033 7406
7006 3450 0002 4529 4764
JOHNSON BRIAN C
13997 W 22ND AVE
GOLDEN CO 80401
7006 3450 0009 4733
JOJOLA LUCY R
6001 W 35TH AVE
WHEAT RIDGE CO 80033
7006 3450 0002 4529 4979
KARR RODNEY D
KARR DONNA
450 S GARRISON ST
LAKEWOOD CO 80226
7006 3450 0002 4529 4832
FAES JAMES R
6215 W 35TH AVE
WHEAT RIDGE CO 80033 6406
- 7006 3450 0002 4529 4771
FLAGEOLLE JEROME J
6160 W 35TH AVE
WHEAT RIDGE CO 80033 7409
7006 3450 0002 4529 4757
FORNEY KATHY T
FORNEY JOHN C
6200 W 35TH AVE
WHEAT RIDGE CO 80033 6407
7006 3450 0002 4529 4726
WHITE JANET M
3447 HARLAN ST
WHEAT RIDGE CO 80033 7421
7006 3450 0002 4529 4962
STEADMAN JAMES J
STEADMAN MARY LOU
6154 W 35TH AVE
WHEAT RIDGE CO 80033 7409
7006 3450 0002 4529 4948
RUSSELL ALLEN E
9391 W LA SALLE AVE
LAKEWOOD CO 80227 2964
7006 3450 0002 4529 4924
FLAGEOLLE GERALD J
FLAGEOLLE LAURA M
6160 W 35TH AVE
WHEAT RIDGE CO 80033 7409
7006 3450 0002 4529 4917
HILL MARTIN D
6210 W 35TH AVE
WHEAT RIDGE CO 80033
7006 3450 0002 4529 4931
DAHLSTROM JASON C
3407 HARLAN ST
WHEAT RIDGE CO 80033 7421
7006 3450 0002 4529 4900
11
FAESJOHN P
FAES GERALDINE T
6205 W 35TH AVE
WHEAT RIDGE CO 80033 6406
7006 3450 0002 4529 4719
DUGGAN JAMES O
6138 W 35TH AVE
WHEAT RIDGE CO 80033 7409
7006 3450 0002 4529 4689
SANDOVAL MARY ANN CERRONE
6090 W 35TH AVE
WHEAT RIDGE CO 80033 7407
7006 3450 0002 4529 4658
LEE JONATHAN P
LEE HEATHER L H
3490 JAY ST
WHEAT RIDGE CO 80033 7440
7006 3450 0002 4529 4702
HOOK NATALIE M
3401 HARLAN ST
WHEAT RIDGE CO 80033 7421
7006 3450 0002 4529 4672
GILMORE DON DAVID
GILMORE SUSAN EDO
3363 JAY ST
WHEAT RIDGE CO 80033 7438
7006 3450 0002 4529 4641
LIMON DEBRA
3424 KENDALLST
WHEAT RIDGE CO 80033
7006 3450 0002 4529 4696
JIMENEZ DANIEL
LUEVANO MARIE
6246 W 35TH AVE
WHEAT RIDGE CO 80033
7006 3450 0002 4529 4665
CRAFT VELMA M
3405 HARLAN ST
WHEAT RIDGE CO 80033 7421
7006 3450 0002 4529 4634
01
OJ
7-6 ~Z/~16 A 194-0,,-7
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat Ridge
Telephone 303/235-2846
FAX 303/235-2857
November 21. 2007
Dear Property Owner:
This is to inform you of Case No. MS-07-04 which is a request for approval of a
2-lot minor subdivision plat with a lot width variance for property zoned
Residential-Two (R-2) and located at 3516 Jay Street. This request will be heard
by the Wheat Ridge Planning Commission in the Council Chambers of the
Municipal Complex at 7500 West 29th Avenue. The meeting will be held on
December 6, 2007 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 303-235-2846. Thank you.
Planning Division.
C9Documems end Seu,,1\km1h,AMy Doamends\K ,hy\PCUTS\PLANGCOM\Pcnotice\2007\m 0704.wpd
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
OW 25
PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
NW 25
O 100 200 300 400 Feet
ANN o9om
DEPARTMENT OF MAP ADOPTED: June 15, 1994
° PLANNING AND DEVELOPMENT Last Revision: September 10, 2001
5W24
J a 7 7 to 7 d' M 7 (0 M CD CD W N 7 (D (0 O O 0)
Q M M N M M M N M O O O O O O O O 0 0 0
7 7 7 7 d'd' 7 7 7 7 a(D V It C14 to d' V 7 V V
N O(D rrr
rrrr rr r rr(D (D NT
N Ln O M M M M O T M M M M t0 M t0 i0 M M M M M M M M M M r M M M M M M
N M M M M N M M M M O M M M M M M M M M M M O O O N O M M M M M M
J N N N O O O O O N N 0 0 0 0 7 N O N N 0 0 0 0 0 O O O O O V d' V N 7 0 0 0 O O O
W W W W W W W W W W W W W W NO W W cow W W W w w~ m W ooW W °w co °co
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000
W w W W W W W W W w w W W W W W W W W W W W W W W W W W W W
(7 U' (D (D (D (D p (J U` (D (D (J (7 U' (D (D (D (D (D C7 C7 U` U' U` (D U` U` (D (7 (7 U'
<0000000J p O O p p p 000000000 00000 p c o o O n o
> 0 QK W~ W E X w~ x~ w Z 0 QK 0 w C cl ~ QQx QK x Of ~ Z Z Z O Z E E E QE E E I-- F J W W W W W W W O W W W W W w p w w W W W W W W W W W w w w w W W W W W
OOO~(7~~~
J
Q
_J
Q
J W W W W W W W W W W W W W W W W w w W w w w w W W
¢»F-F-F-F-F-E-»F-F-F-F->w'»CC F- F- > > > »»>F-»»»> > > >
~QQ(n~mtq (gUQQ(n (nmm¢OQQp(n (na¢Q QQQQQ(nQQQaQQQ ¢¢Q
z
Q z
O J J Q w CO J Z J a J w J
< w z F-
~NNUZaz2> M, Z aZ? F¢-MNFSZ MMM M MMM)M Q~ ~aZ MM M M ~M
J
N
nooomom~oou~oomoro noo~ou~ n~ LO LO LO Orr t LO owv
J O O O) (P CO D) O M M (D OJ O of Ln M r O~ W 00 i0 r r V (D (P O) O O C M LO
(AN V lO CO ID CD "t Lnr N Ln(0 LO 0) mN LD00 N N N N NO Om O)Mm NNO
~r r MM MM O)rcD MMM MM ~(D r ~M M(O (fl (D MO(DN(D - M M W M [D (D (0 OOM
Z r ~ ~ r
0
O
Z
0
O
00 O (n
O
F J
-ACC wa w' U U Of
co co < Q Q > <¢/70 C) 0 F- F- p¢ Q}U W Z ~
w H z w QQQ Q 0 Q p p W a x
LLJ N Z~ (7 F_QQaQ ¢Q Q5 2p w' Z
¢ ❑ 2 J Q~ D pw ~ 0 Z Z p O p m W g
Z Q ~ 0 0~ C) Z Z p~ 0-1 0 Q W> W W
o Y~ ? U22U2 3 co ~mm aio F¢L V)
J J J } J } } >
m co m x m 2 2 2
O U U W O W w w
ww w > zW > zz z
00 w p wm O o X 00 O w
w~p Y OO~OZmxsm~ pQxi0}¢~h ZZwZ OOw
W W W F- K J W Zw w ww aQ wQ¢ W zx <x o W xZp2 ~-'w W Kid W ~a
xxz p W-SQpp pmwUxww0ay/ (7 (7 U' w0UwPmmamwzU wQ
~
~~OO=o~~Lwaz¢°QOZQWZZa}Qa a~}w?YOOWOaoa 0<
a W L
ZOOw 0 JJO>OOFC1zz2 0z00m22i 2~01 1Y~ZZ(nZU)U)0 (wj( Q
z°w°c3<}Q00aoooO!}-o>~~WOO oawpeaaooDoaa0 aCDW
OQUY~m~>ZUUJJUJ ,~ZU>YJ mZZ Z(DmmJ p»K~w FL LL 0U)
O V M q N O to N M O O) O O M m O) M M r 0 7 (T W N W N M N O
0 0 N N O N N O O O N N N N M M (0 O M M N O (D CO O N O N M O N N M N 0 0 M
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 999
~ (J1 O O (r O O (P O N O O O (V O (V O (V (V O V' V a
T 0) 0 0 0 0 0 0 (T 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0 O O O O O O O O O O O O O
N (V (V N (V N N N N N N (V N (V (V (V (V N (V (V CV (V (V N w N N N N N N N N N N N N (V (V (V (V
LO M (0 In to to Ln Ln to LL~ U) to N LO M to m M m M LD 0 LO t0 ~ t0 ~ (0 lD to N U') uJ )0 ~0 > > > U~ to 0
z N N N N N N N N N N N N N N N N N N N N N N N N a N N N N N N N N N N N N N » > N N N
0) 0) 0) 0) M 0) m of m m M M M m 0) 0) 0) m m M m m M> a> m 0 m m m M m 0) 0) m M m 0 0 0 0) M m
EL- M M M M M M M M M M M M M M M M M M M M M M M M> M M M M M M M M M M M M M K M M M
r 04 r m M r r O m m m m m
O N O O O O 7 N N 0 0 0 O O m
N
v v`rvraa vvaa vvvaa
co rrr(oco(o rrrrrrrrrr
M M M M (o M M M M M M M M M M M M M M M
M M M M M M M M M M M M M M M M M M M
O O O O N O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O
W O7 N OJ W OJ OJ W W OJ OJ 07 W OJ OJ 00 W W W W
0 0000000000000000000
U U U U U U U U U U U U U U U U U U U U
w w w w w w w w w w w w w w w w w w w w
C7 O (7 (7 C7 C7 C7 C7 C7 C7 C7 C7 C7 (7 C7 C7 C7 (7 C7 C7
D ~ ~ ~ 0 0 ~ 0 0 0 ~ ~ 0 ~ 0 ~ 0 0 0 0
~ FFF-FFFFFFFFFFF-rr~F-r
w w w w w w w w w w w w w w w w w w w w
2 2 2 2 2 2 2 2 2 2 2 2 2 x 2 2 2 2 2 2
w wwwwwww wwwww
Q a QQQQaaQCFnuFiw<<<aa(Fnww
J
FF-F }~K F-F--'~-~}RZ
M x (bM N M M M M~ S S M M oM M aaw
S Y
O x 0 0 0 0 0 0 (0 0 r 1 0 0 0 O O M ~
O a m(OOOO v mOO(O (O C0 (O (O (OON
(ND M (o (O r (NO (NO (ND (NO M co M O O O m O M M (`m
O
0
O
Q w
U U U W- Z
Q Z Z <<
Z
S J S S aM J N
0 w 00 22 wN
J O F J w
} 0 Za Ow
z w zz Qs w0
> (9:5;
O LL Q 0CC M 0 -w LJQL C~
z
O
w
w
U
Z~w U
Z C) a°o p ~Q~Qaaa>
< IL W W z Q w W W W W 0 w
= Fac~w22°za~ac~c~00oz:1 a Q J° Q m w J J J J J O Q w
} - §0LL }}a LL ZF->OOOOO0, z0
z FO( zz~Z~~UiCw7(w')Cw700200
O S Q a O O J 2 w Q m ~ a w¢ O
ULL LL SO J0 ULL LL wLL LL C.JSJ
LL >V) LL
O d' Mm OOmN to LO(or rm w(o rr
N O O N N N N N N N N N O O
O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N 7 R V' N N N N d' V 7 7 V a a V M V M
N N N N N N N N N N N N N N N N N N N N
N m to to to n O LO M O Lo n Lo N n m
N» 0 O N CV N N N N N N N N N N N N N N N N N
m m o~ oL m m O1
M M Co o m O1 °O m m m m m m m M
M S K M M M M M M M CO M M M M M M M M
U
U) O-FQF22 FFF 955gg OOf-ggg
(n JU) J (nU JJ-IU) co U) UNJ(n(n(n
WZ:) W:D W W D» W D M w W W w W W W
cn 2i x 2 wQ~ 2~E 2or~ x w ly ~E K xQ~
IV N V N d' V a M V (O
M
a
N M M M M M M M M M M M M M M M M M M M M M M M M
M M M M M M M M M M M M M M M M M M M M M M M M
a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
K o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
a w m m o~ 07 0~ ro m o~ w co 0o m o~ co m m o~ m~ eo w m o~
LYO O O O O O O O O O O O O O O O O O O O O O O O
a UUUUUUUUUUUUUUUUUUUUUUUU
w w w w w w w w w w w w w w w w w w w w w w w w
g (7 C7 C7 C7 C7 C7 C7 C7 C7 C7 (7 C7 (7 C7 C~ C7 (7 C7 C7 C7 C7 (7 C7 C7
F F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F F- F- F- F- F- F- F-
° F-
U w w w w w w w w w W W W w w w w w w w w w w w w
-xxxxxxxx=xxxxxxxxxxxxxxx
a
a
a
a
a.
a
w
F-F-F-F-F-F-F-J F- F-F- F-F-F-J F-> F-F F-F->>i
a(n(n(ncn(ncn(nw(n(n(n(n(n(nx(na(n(n(ncn¢¢a
z~ ~z (n(nz() zIn
z
4. } < CD } (D < 'ni Q Q (7 (7 < C7 K O In N l
d< r
-¢ixZ~Z7 -»ZZ xZM ~~2ZMMM
a
(n m N N O O o N N N O o 0 N 0 0 7 N N 7 N O N N N
d 0 0 f~ N O O N O N N N N M N M W O M N M I~ O O
w' I~ r N N Co N N I~ N N N (O N N N I- N N N N N N
w M M M M M M M (D M M M M M M (O M (D M M M M N (D (O
O D O D O c o o
W W W W W W W W W W W W W
W W W
co (O N N (D N
O O
r N (0
M M M M M M M M M M M M M
M M M
M M M M M M M M M M M M M
M M M
0 0 0 0 0 0 0 0 0 0 0 0 0
O O O
0 0 0 0 0 0 0 0 0 0 0 0 0
o o 0
como~waomo~mwcommo~
co co ro
0000000000000
000
UUUUUUUUUUUUU
UUU
wwwwwwwwwwwww
www
(7 C7 C7 C7 C7 C7 C7(~C7(~C7C7C7
coo
~ ~ ~ ~ 0 0 0 0 0 ~ 0 ~ 0
D O S
Qwwwawawawwaw¢waa¢
w www
awa
w w
TTT
wwwww www
www
~
¢ a a
~
~
~
<
a a a
n
n v
n
n
a a a
a ¢
z
x x 2 x x J x x x
= x 2
M Cl) M M M~¢ Q=¢ M co M
M M M
N N N r I~ N N N CO N N
O~ C'
W In r r 7 N V O O
M M N
N N O N N N N N N N O
(O CD c0 N (O M M M M M N (D (D
(O CO CO
0
DOO 000 000
00000
~5
F7N NNE Z/5 ~5 N
F~FD N~5
W
W W W W W W W W W
W W W W W
n
r O r r o O
W N
O
N O O c o o V N N
M N LL)
V
d' V V a a~ a~ <Y
V 7 V
c0
~~r comet
Cl)
M M M M M M M V M M M M M
M M M M M
M
M M M M M M M M M M M M
M M M M M
O
O O O O O O O N O O O o o
0O O O O
O
0 0 0 0 0 0 0 0 0 0 0 0 0
O O O O O
OJ
OJ W OJ W W W W N N OJ OJ N W
00 CO W N OJ
0
0000000000000
00000
U
U U U U U U U U U U U U U
00000
W
W W W W W W W W W W W W W
W W W W W
C7
C7 C7 C7 C7 U' C7 C7 U' C7 C7 C7 C7 C7
00000
D
D 0 0 0 0 0 0 0 0 0 0 0 0
- -
- - - - - -
0 0 0 0 0
- - - - -
-
- - - -
-
r
rrrrrrI-- F-r
rrrrr
w
w w w w w w w w w w w w w
w w w w w
x
x==x===xx==x=
=xx==
> r» rrr» >rrrr
Q (n QQ QQa (n 000Q Q(n V) U) U)
J
x Q= x Q 2 x= Q a J 2 x a= J 0
U j}} Z
LO UN ~ ijU} LO
M = M M j M M M; Q== M M; M Q= Y
O I~ O O O O O 0~0 O O M V
O d' O) (O 00- 0)O O c0 cO MI O ON 04 (NO MtOOC cQ0 ID MMM c0 cOMMMM
~
o
s
8
~ ~
a"
v v S
-
in o
z
I-
~ ~
g"$
a
'
C
C
-
~
~ o C
q~ w
~
~
fA
0
U' ~ m ~ N n n n~ ~ N v v ~ m ii ~
~
o~`¢
uRS-.
a
o
KmU
44
pn➢N
'
r
o
.
v
$'E
m 2 ¢ p¢ r[ rt ¢ rc¢ a z a ci ti n n n a_
n n ci 3
a 3
~ 3
rc ~
All I] I
t0
O
b
N
N
M. ac-M
,30
ft
O
~%1.
O..
.O
p
Q
O
...O
M
_
NOINE
JYI~
O
0 O
N
N
V
NO
°
N
N
O
I
,
tiOp
N
O
p p
O
M O
~
N
O
O
O
O
O
O
O
ODO •
O
o
NN
m N
.
N f
~
W
O
ooo
o ~
° o
o
y
o
0
I
O
O
O
o
O
'
r
o
O
h
O
M
N
~
ry
o
N
~D
~O
I
O y
j
N :
V
1
O
O
O
N
r
O
O
M
O
O
O O
O
O
O
O
O vl
O
m
W
M
°
~
m
_
_
.
p~
o o
~
°
0
4 AVNO
'
p
a
AV89
o
m
.
N
~
~
YI
N
vOi
a
°
M
m
O O
m
- e
m
o
'
~
o
m
erg
N
a° m
O
o
m
ry ,j
°
M
m
m
M
m
m
M
i+l
o
M
.
:
.
M
n
n
M
0
~ h
o,~
o'
o
0... O
y~O
O
O
O
O
O
O
O
O
O
N q
p
M
O
.
O
m ~
O
O
i
N
!
P
N
p
0 p
O
O
O
O
O
00
O
O
O
I.
°
O
O
Y
N a
m
b
~
iD
iD
q
~
N
VI
O
N O'
O
ff
O
O
O
o
O
O
O
O
O
O
O
O
O
M .^.M pgqp~
m N M
ro N r r q o M
o
o
off-
q~
C S
o
q k
q
L-"-" S'
J
o
3
~
p
o
f
~
~g
Gc
x
~ vY
p
r'
O',
O
AVf
O
O
N
O
r
0
N
a
o
o
n
~`-e
°a ~
n
m
~
~o
o
a
o
o
a
o ::E
N
O
O
.
.
q
N
O
\ M
p
N
O
O I
~ O
O
O
O
: O{
t
Z
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
PLANNING COMMISSION on December 6, 2007, at 7:00 p.m. in the City Council
Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado.
All interested citizens are invited to speak at the Public Hearing or submit written
comments. The following cases shall be heard:
Case No. MS-07-04: An application filed by Brian Johnson for approval of a 2-
lot minor subdivision plat with a lot width variance for property zoned
Residential-Two (R-2), located at 3516 Jay Street, and legally described as
follows:
A PARCEL OF LAND BEING A PART OF LOT 8, CONWAY HEIGHTS, AS
RECORDED IN THE JEFFERSON COUNTY, COLORADO, CLERK AND
RECORDER'S OFFICE, SITUATED IN THE NW ONE-QUARTER OF
SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8 FROM
WHENCE THE CENTER ONE-QUARTER CORNER OF SAID SECTION 25
BEARS S23 004'29"E A DISTANCE OF 1438.62 FEET; THENCE
N00°20'20"W ALONG THE WEST LINE OF SAID LOT 8 AND THE EAST
R.O.W. LINE OF JAY STREET A DISTANCE OF 168.00 FEET; THENCE
N89°47'40"E A DISTANCE OF 140.00 FEET TO A POINT ON THE SOUTH
LINE OF LOT 10, GERALD LEE HEIGHTS RESUBDWISION, AS
RECORDED IN THE JEFFERSON COUNTY, COLORADO, CLERK AND
RECORDER'S OFFICE; THENCE S00°20'20"E A DISTANCE OF 168.00
FEET TO A POINT THE SOUTH LINE OF SAID LOT 8, LINE ALSO BEING
THE SOUTH LINE OF THE NE ONE-QUARTER OF THE NW ONE-
QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE SIXTH PRINCIPAL MERIDIAN; THENCE S89°47'40"W ALONG SAID
SOUTH LINE OF LOT 8 AND SAID SOUTH LINE OF THE NE ONE-
QUARTER OF THE NW ONE-QUARTER OF SECTION 25 A DISTANCE OF
140.00 FEET TO THE POINT OF BEGINNING. CONTAINING (23,520
SQUARE FEET) 0.5399 ACRES MORE OR LESS.
Case No. MS-07-05: An application filed by Patrick Hyland for approval of a S-
lot minor subdivision plat for property zoned Residential-Two (R-2), located at
approximately 6330 W. 30`h Avenue, and legally described as follows:
THE WEST ONE HUNDRED FIFTEEN (115) FEET OF LOTS ONE (1) AND
FOUR (4), BLOCK FIVE (5), EXCEPT THE SOUTH TWO HUNDRED FIFTY-
EIGHT (258) FEET THEREOF, AMENDED PLAT OF HENDERSON'S
SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SECTION 25, T3S, R69W, WHENCE THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 25 BEARS
NORTH 89°41'48" EAST;
THENCE SOUTH 63°54'59" EAST, A DISTANCE OF 1540.54 FEET TO THE
NORTHWEST CORNER OF LOT 1, BLOCK 5, AMENDED PLAT OF
HENDERSON'S SUBDIVISION, BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°41'08" EAST, A DISTANCE OF 115.00 FEET;
THENCE SOUTH 0°10'50" EAST, A DISTANCE OF 351.64 FEET;
THENCE SOUTH 89°40'28" WEST, A DISTANCE OF 115.00 FEET;
THENCE NORTH 0°10'50" WEST, A DISTANCE OF 351.67 FEET, TO THE
TRUE POINT OF BEGINNING;
Kathy Field, Administrative Assistant
ATTEST:
Michael Snow, City Clerk
To Be Published: Wheat Ridge Transcript
Date: November 21, 2007
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
3031235-2846 Fax: 303/235-2857
October 15, 2007
Brian Johnson
13997 W. 22nd Avenue
Golden, CO 80401
Dear Mr. Johnson:
The City of
Wheat Ridge
This letter is in regard to your request for a two-lot minor subdivision plat for property
located at 3516 Jay Street. I have reviewed your first submittal and have the following
comments:
9
1. Note 1 regarding cross access is usually required in a situation where there are
shared curb cuts, drive ways and parking. It is typically required for
commercial property not for a low density residential subdivision and should be
remove.
2. There is already a Johnson Minor Subdivision which was recorded in 1976.
Please rename the document so it can be distinguished from the other recorded
plat.
3. Modify the right-of-way dedication for W. 35th Avenue so it reads as follows:
"3500 square feet or 0.0803 acres hereby dedicated to the city of Wheat Ridge
as public right-of-way by this plat."
4. Add a case history box with the following case number: MS-07-04.
5. In line 4 of the Surveyor's Certificate, change the spelling of "me" to "in".
6. Add a note about the existing zoning on the property which is R-2, Residential-
Two.
Other items of concern:
1. The required lot area for a single family dwelling in the R-2 zone district is
9000 square feet. The required lot width for single family dwelling in the R-2
zone district is 75' unless it is a corner lot whereupon each frontage must be 80'
in width. Lot 2 has only 54.79' of width along the Jay Street frontage. Please
indicate how this situation will be addressed.
2. Given the physical constraint of the ditch on this property, it is questionable
whether there is adequate room to build given the required setbacks.
3. Provide a drawing which details the location of the existing structure on Lot 1
relative to the proposed property lines to ensure there are no encroachment or
setback violations.
Attached are referrals received from other city departments and outside agencies regarding the
plat document.
City of Wheat Ridge Public Works Department: See attached package from Dave Brossman
dated March 14, 2007.
There are still outstanding referral responses which have not been received. These will be
forwarded to you when they are provided to the City of Wheat Ridge.
This concludes the summary of comments. Please address each of these comments by revising
the drawings accordingly. For clarification on any of these issues, please feel free to contact any
of the Development Review committee members:
Community Development Meredith Reckert 303-235-2848
Public Works Dave Brossman 303-235-2864
Traffic Engineering Steve Nguyen 303-235-2862
Once the changes have been made, please submit five copies of revised plan sheets and technical
documents plus original redmarks. Please note that an electronic submission is required with
the resubmittal.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-
2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
c: MS-07-04
2
~DEPARTMENT OF PUBLIC WORKS (303) 235-2861
CKy of Wheat PJdge \
Department of Pubric Works 7500 WEST 29r" AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
September 21, 2007
Mr. Robert J. Daley, P.L.S.
American West Land Surveying Co.
12499 West Colfax
P.O. Box 129
Brighton, CO 80601
303.659.1532
Re: First Review Comments of the Johnson Minor Subdivision Plat.
Dear Mr. Daley,
I have completed the first review of the above referenced documents for the proposed development
located at 3516 Jay Street received on September 6, 2007, and I have the following comments:
Surveying Comments
1. Need to show the Case History: MS-07-04.
2. Per Section 26-412 of the Municipal Code of Laws, the Legal Description shall include a metes
and bounds description with section tie(s) on the current City Datum. Please see the redlined plat
for the City-based bearing for the section line currently shown as the Basis of Bearing.
3. Along those same lines, the following is to be included/modified on the plat:
a. Show the Point of Commencement.
b. Change the Point of Beginning (as currently shown) to the True Point of Beginning.
c. Modify the Basis of Bearing Statement to include the City-based bearing.
4. Modify the text regarding the Right-of-Way dedication to read:
"3500 SQUARE FEET OR 0.0803 ACRES HEREBY DEDICATED TO THE CITY OF
WHEAT RIDGE AS PUBLIC RIGHT-OF-WAY BY THIS PLAT."
5. Under the City Certification, please change the signature block to: DIRECTOR OF
COMMUNITY DEVELOPMENT.
6. Please show the centerline for Jay Street, and include a distance from the centerline to the
westerly boundary line of the parcel.
7. Either show the Cross Access/Ingress-Egress Easement (described in Note 1) on the graphical
portion of the plat, or remove the Note.
8. Please submit a deed or title commitment as proof of ownership for the parcel.
Please include two hardcopies of the plat accompanied by a CD-ROM containing an electronic file of
the revised plat in AntoCAD DWG format with the next submittal.
Jolmson Minor Sub (3516 Jay St) -reviewl.ltr.doc
The above comments are as of the date reviewed and may not reflect all comments from other
departments or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Adam Tietz, Planner I
File
Johnson Minor Sub (3516 Jay St) - reviewl.ltr.doe
d
U
.Ui
ro
A
ro
a
0
U
O
W
N
P
w
U
O
~
U
N
113
b
~O
N
7
O
a
44
p
a-
N
N
~
l
IY
U7
y
N
0
0
~
a
a
U
'd
O
O
7
T
N
C~j
~Lo
T
T
•
sU.
N
IY
V
0
U
u
O'
u
cn
u
u
.C
U
.O
3
w^
0
b
U
71
u
0
k
0
0
w
O
~N
r
z
sU.
bA
~a
Cal
N
.y
U
w
0
y
cd
U
H
M
aAi"
w
0
U
o
~
Q
Y
~
~
U
aU+
W
b
O
U
U
y
? b
~
.ti
o
rU, 3
0
w
w
o ~N,
o
o
w
ti
Q
a.3
ti
a
cl
o
n
cl
a
0
C ~
y
0 ~
O
b b
b
h
O
U
cC
Y
v
U
°
b
~k
Q' O
U _cd,
1'V
26
1 a.
O
Ta
C}
U
6.~1
N F'.
ti Y
r
U
~ b tyC
~
.y
y w N
y
o
l
GL
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/235-2846 Fax: 303/235-2857
October 8, 2007
Brian Johnson
13997 W. 22nd Avenue
Golden, CO 80401
Dear Mr. Johnson:
Wheat Ridge Economic Development
k)-- tto-0-Z?- 7-898-4706
'p-2 1- Ui w i
V Aj O_Aj ~ G~6
This letter is in regard to your request for a two-lot minor subdivision plat for property
located at 3516 Jay Street. I have reviewed your first submittal and have the following
comments:
1. Note 1 regarding cross access is usually required in a situation where there are
shared curb cuts, drive ways and parking. It is typically required for
commercial property not for a low density residential subdivision and should be
remove.
2. There is already a Johnson Minor Subdivision which was recorded in 1976.
Please rename the document so it can be distinguished from the other recorded
plat.
3. Modify the right-of-way dedication for W. 35th Avenue so it reads as follows:
"3500 square feet or 0.0803 acres hereby dedicated to the city of Wheat ridge as
public right-of-way by this plat."
4. Add a case history box with the following case number: MS-07-04.
5. In line 4 of the Surveyor's Certificate, change the spelling of "me" to "in".
6. Add a note about the existing zoning on the property which is R-2, Residential-
Two.
Other items of concern:
1. The required lot area for a single family dwelling in the R-2 zone district is
9000 square feet. The required lot width for single family dwelling in the R-2
zone district is 75' unless it is a corner lot whereupon each frontage must be 80'
in width. Lot 2 has only 54.79' of width along the Jay Street frontage. Please
indicate how this situation will be addressed.
2. Given the physical constraint of the ditch on this property, it is questionable
whether there is adequate room to build given the required setbacks.
3. Provide a drawing which details the location of the existing structure on Lot 1
relative to the proposed property lines.
Attached are referrals received from other city departments and outside agencies regarding the
plat document.
City of Wheat Ridge Public Works Department. See attached package from Dave Brossman
date
There are still outstanding referral responses which have not been received. These will be
forwarded to you when they are provided to the City of Wheat Ridge.
This concludes the summary of comments. Please address each of these comments by revising
the drawings accordingly. For clarification on any of these issues, please feel free to contact any
of the Development Review committee members:
Community Development Meredith Reckert 303-235-2848
Public Works Dave Brossman 303-235-2864
Traffic Engineering Steve Nguyen 303-235-2862
Once the changes have been made, please submit five copies of revised plan sheets and technical
documents plus original redmarks.
If you have any questions or need further clarification, do not hesitate to contact me at 303-235-
2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
c: MS-07-04
2
City of Wheat Ridge
Fax Transmittal
DATE 10 - 12-J -4-
7500 West 29th Avenue • Wheat Ridge, Colorado 80033
Name:
Organization: _
Fax:
Phone:
From:
r,--d-e- l S kA'wz
Planning:
(303) 235-2846
Building:
(303) 235-2855
Engineering:
(303) 235-2861
FAX:
(303) 235-2857
Web Site:
www.ci.wheatridge.co.us
303-2-39 3
Division: Planning * Building ❑ Engineering ❑
Subject: 7) 4~ e-0- ~-e
# of Pages: (Including cover page) Z
Comments:
rI
r
~fd i n Piv o'-!p, Cr (Ci k'), t I Vl-~
Sr d
~q-.q -
Mew d I -ham..
303 -235-2~ l8"
Original to follow in the mail ❑ Yes ANo
City of Wheat Mdge ~
Department of Public Works
September 21, 2007
DEPARTMENT OF PUBLIC WORKS
(303) 235-2861
7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
Mr. Robert J. Daley, P.L.S.
American West Land Surveying Co.
12499 West Colfax
P.O. Box 129
Brighton, CO 80601
303.659.1532
Re: First Review Comments of the Johnson Minor Subdivision Plat.
Dear Mr. Daley,
I have completed the first review of the above referenced documents for the proposed development
located at 3516 Jay Street received on September 6, 2007, and I have the following comments:
Surveying Comments
1. Need to show the Case History: MS-07-04.
2. Per Section 26-412 of the Municipal Code of Laws, the Legal Description shall include a metes
and bounds description with section tie(s) on the current City Datum. Please see the redlined plat
for the City-based bearing for the section line currently shown as the Basis of Bearing.
3. Along those same lines, the following is to be included/modified on the plat:
a. Show the Point of Commencement.
b. Change the Point of Beginning (as currently shown) to the True Point of Beginning.
c. Modify the Basis of Bearing Statement to include the City-based bearing.
4. Modify the text regarding the Right-of-Way dedication to read:
"3500 SQUARE FEET OR 0.0803 ACRES HEREBY DEDICATED TO THE CITY OF
WHEAT RIDGE AS PUBLIC RIGHT-OF-WAY BY THIS PLAT."
5. Under the City Certification, please change the signature block to: DIRECTOR OF
COMMUNITY DEVELOPMENT.
6. Please show the centerline for Jay Street, and include a distance from the centerline to the
westerly boundary line of the parcel.
7. Either show the Cross Access/Ingress-Egress Easement (described in Note 1) on the graphical
portion of the plat, or remove the Note.
8. Please submit a deed or title commitment as proof of ownership for the parcel.
Please include two hardcopies of the plat accompanied by a CD-ROM containing an electronic file of
the revised plat in AutoCAD DWG format with the next submittal.
r41
0 p~,tJohnson Minor Sub (3516 Jay St)-reviewl.lor.doc
h C P
ILI
The above comments are as of the date reviewed and may not reflect all comments from other
departments or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Adam Tietz, Planner I
File
Johnson Minor Sub (3516 Jay St) - reviewl. tr.doc
CITY OF WHEAT RIDGE
PARKS & RECREATION COMMISSION
September 19, 2007, Wednesday
7:00 p.m.
Wheat Ridge Recreation Center
Conference Room
4005 Kipling Street
The meeting was called to order at 7:00 p.m.
Commissioners present: Kevin Hood, Charles Spielman, Ralph Hughes, Beth McBride, Helen
Huitt, Liz George, and Susan Seeds
Commissioners Absent: None
Staff present: Joyce Manwaring, Parks & Recreation Director
ITEM 1- DETERMINATION OF QUORUM
The Board gave introductions.
Chairman Kevin Hood declared a quorum present.
ITEM 2 - APPROVAL OF MINUTES
Susie Seeds made a motion to approve the minutes of July 18, 2007. Helen Huitt seconded. The
minutes were approved as submitted.
ITEM 3 - INTRODUCTION OF GUESTS
None.
ITEM 4 - OLD BUSINESS
Quail Hollow Subdivision - Joyce Manwaring summarized the background on the project. She
advised that comments from the Commission were submitted to Planning and that the comments were
viewed by Council. Kevin Hood noted that the Foundation recommended that work be done to
determine if connecting a bike path from Prospect Elementary through Lewis Meadows was feasible.
There was discussion regarding the process for Subdivision approval.
Parks & Recreation Commission Meeting
October 5, 2007 Page 1
2008 Budget - Joyce Manwaring commented on the budget discussion that took place at the last
Commission meeting where a quorum was not present. She reviewed the highlights of the Open Space
and Conservation Trust Fund budgets, including a master plan for the open space property at 38th &
Kipling, a playground replacement at Fruitdale Park, the outdoor pool renovation, the Baugh House
restoration, and a wildlife viewing boardwalk near Bass Lake. Manwaring noted that Council will vote
to adopt the budget in October.
Swimming Pool Renovation - Manwaring noted that the pool renovation bids came in way over
budget and that Council will be voting on the contract award September 24. Additional funding to
cover the costs and scaling back the project will be recommended. She noted that several factors
contributed to the higher than expected bids, including enhancing the filtration system, toys that were
included as deduct alternatives, stainless steel gutters, and limited competition due to fewer pool
contractors in Colorado.
ITEM 5 - NEW BUSINESS
3516 Jay Street Minor Subdivision - Manwaring gave an overview of the project. There was
discussion regarding lot size. Liz George made a motion to collect fees in lieu of land for the 3516 Jay
Street Minor Subdivision. Helen Truitt seconded. All Commissioners present agreed.
ITEM 6 - PROJECT UPDATES
Kids Night Out - Manwaring reported on the Kids Night Out program. She noted that it is held on
Friday nights at the Recreation Center and that the management of the program is outsourced and has
been very successful.
Open Space Acquisitions - Manwaring advised that the City closed on the property at 4315 Van
Gordon on the west side of Tabor Lake. She commented that there will be minor improvements to
include a small gravel lot and a fenced area. She added that the City will move its storage and slash
from the Lovejoy property to get it out of the flood plain and meet code requirements with planning
and public works.
Lakewood Sanitation - Manwaring noted that the City is interested in the Sanitation District property
at 41st and Miller and are hopeful that it may become available in the future.
ITEM 7 - FUTURE AGENDA ITEMS
Community Services Program - Manwaring reported that the Police Department handles code
enforcement, animal control and park patrol with their Community Services Officers. She noted that
they are interested in attending a Commission meeting. Manwaring will invite them to the next
meeting.
Manwaring invited the Commissioners to attend the Town Open House on September 27. She also
distributed copies of the Senior Community Advisory Committee minutes.
Parks & Recreation Commission Meeting
October 5, 2007 Page 2
ITEM 8 - COMMISSIONER COMMENTS, CONCERNS OR COMPLIMENTS
The Commissioners welcomed the new members.
Liz George encouraged the new Commissioners to review Chapter 5 of the Parks and Recreation
Master Plan.
ITEM 8 - ADJOURNMENT
With no further business, Susie Seeds moved to adjourn the meeting. Helen Huitt seconded. Chairman
Kevin Hood adjourned the meeting at 8:00 p.m.
Parks & Recreation Commission Meeting
October 5, 2007 Page 3
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat
Ridge
Community Development Referral Form
Date: September 5, 2007 Response Due: September 20, 2007
The Wheat Ridge Community Development Department has received a request for approval of
a minor subdivision at the property located at 3516 Jay Street. No response from you will
constitute having no objections or concerns regarding this proposal.
Case No.: MS-07-04/Johnson
Request: Subdivide the current lot of approximately one half acre along Rocky Mountain
Ditch. Two lots will be created from the subdivision. One lot will be
approximately 9,500 square feet and will contain an existing single family home.
The second lot to be created will be approximately 10,520 square feet. This lot
will remain unimproved.
Please respond to this request in writing regarding your ability to serve the property. Please
specify any new infrastructure needed or improvements to existing infrastructure that will be
required. Include any easements that will be essential to serve the property as a result of this
development. Please detail the requirements for development in respect to your rules and
regulations. If you need further clarification, contact the case manager.
Case Manager: Adam Tietz Voice: 303.235.2845 Fax: 303.235.2851 Email: atietz@ci.wheatridge.co.us
DISTRIBUTION
Wheat Ridge Fire District
Urban Drainage and Flood Control
Wheat Ridge Post Office
Wheat Ridge Police Department
Wheat Ridge Public Works
Wheat Ridge Parks & Recreation Department
Wheat Ridge Water District
Wheat Ridge Sanitation District
"The Carnation City"
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat
Ridge
Community Development Referral Form
Date: September 5, 2007 Response Due: September 20, 2007
The Wheat Ridge Community Development Department has received a request for approval of
a minor subdivision at the property located at 3516 Jay Street. No response from you will
constitute having no objections or concerns regarding this proposal.
Case No.: MS-07-04/Johnson
Request: Subdivide the current lot of approximately one half acre along Rocky Mountain
Ditch. Two lots will be created from the subdivision. One lot will be
approximately 9,500 square feet and will contain an existing single family home.
The second lot to be created will be approximately 10,520 square feet. This lot
will remain unimproved.
Please respond to this request in writing regarding your ability to serve the property. Please
specify any new infrastructure needed or improvements to existing infrastructure that will be
required. Include any easements that will be essential to serve the property as a result of this
development. Please detail the requirements for development in respect to your rules and
regulations. If you need further clarification, contact the case manager.
Case Manage(: Adam Tietz
Fire District
Wheat Ridge Post Office
Wheat Ridge Public Works
303.2352845 Fax: 303.235.2851 Email: atietz@ci.wheatridge.co.us
TO
Urban Drainage and Flood Control District
Wheat Ridge Police Department
Wheat Ridge Parks & Recreation Department
"The Carnation City"
Property appraisal system
J Property
inForrnation
1 OF 4 Next
GENERAL INFORMATION
Schedule: 024516
Status: Active
Property Address: 03516 JAY ST
Parcel ID: 39-252-01-029
Property Type: Residential
WHEAT RIDGE CO 80033
Mailing Address: 13997 W 22ND AVE
GOLDEN CO 80401
Neighborhood: 2405 - EARTHS, COULEHAN GRANGE, WHEAT RIDGE AREA
PROPERTY DESCRIPTION
Subdivision Name: 165000 - CONWAY HEIGHTS
PROPERTYINVENTORY
Property Type RESID
Design: Ranch
Item
Quality
No.
FULL BATH
Average
1
3FIX-3/4 BATH
Average
1
MAIN BEDROOM
3
BSMT BEDROOM
2
SALE HISTORY
Year Built: 1924
Improvement Number: 1,
Print. Help
Owner Name(s)
JOHNSON BRIAN C
Adjusted Year Built: 1924
Areas
Quality
Construction
Scift
FIRST FLOOR
Average
F
1291
BSMT TOTAL
Average
1222
BSMT FINISHED
Average
672
DETACH GARAGE
Average
F
480
W/O BASEMENT
Low
0
Land Characteristics
Day care
Sale Date
Sale Amount
Deed Type
Reception
07-21-1994
105,000
Warranty Deed
94126768
08-18-1997
135,000
Warranty Deed - Joint Tenancy
F0466183
11-20-2000
200,000
Warranty Deed -Joint Tenancy
F1148029.
04-22-2002
0
Quit Claim Deed
F1469634
Pagel of 2
http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=024516&offset=0 10/8/2007
Assessor Parcel Maps Associated with Schedule
map39-252, df Graphc_Parcei Mao Ma uest_,Lpcation
Property appraisal system
TAX INFORMATION
2007 Payable 2008
Actual Value
Total
263,050
Assessed Value
Total
20,940
2006 Payable 2007
Actual Value
Total
228,310
Assessed Value
Total
18,180
Treasurer Information
View Mill Levy Detail For Year
F201
2007 Mill Levy Information
Tax District
3139
County
TBA
School
TBA
WHEAT RIDGE
TBA
REGIONAL TRANSPORTATION DIST.
TBA
URBAN DRAINAGE&FLOOD CONT DIST
TBA
URBAN DRAINAGE&FLOOD C SO.PLAT
TBA
WHEATRIDGE FIRE DIST.
TBA
WHEATRIDGE SAN. DIST.
TBA
WHEATRIDGE W. DIST.
TBA
Total
TBA
Page 2 of 2
7 2006
http://www.co.jefferson.co.us/ats/displaygeneral.do?sch=024516&offset=0 10/8/2007
COUNSELOR AND ATTORNEY-AT-LAW
Ilrenmd m CA-h, -d lll0ioir
305 West Cleveland Street- Lafeyette, Colorado 80026 - (303) 604-2385
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 2011 Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant &r~ YN ~ohnSolr\ Address k 9S? W ZZ"~,,~ Phone
City ~d Ickev' State o lc> Zip 4, 040 1 Fax_
Owner Sdkyv).'~- Address
Citv State
Phone
Fax
Contact S(KVV\.e- 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, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request
66 90033
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
1KSubdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception
❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment
❑ Right of Way Vacation
❑ Planned Building Group
❑ Temporary Use, Building, Sign
❑ Site Development Plan approval
❑ Variance/Waiver (from Section )
❑ Other:
Detailed description of request: j u b~ 2 il 2Smor 0~ YZ acres Lo T', S L) ~D ak w e(e
n v~~c9 Z a &CC-e Il1c
Required information:
Assessors Parcel Number:
Current Zoni
Current Use:
Size of Lot (acres or square footage):
Proposed Zoning:
Proposed Use:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attorney from th tc n of this action on his behalf.
Signature of Appli nt 7
Subscribed and sworn to me this day of /T crS r ; 200-7
%A / -
Notary Public
My commission expires e ~1i-111it
To be filled out by staff:
Date received
Comp Plan Desig.
Related Case No.
Fee $J_Receipt No.
Zoning
Pre-App Mt . ate 0
Case No.
Quarter Section Ma 2
Case Manager
Case No.: MS0704 Quarter Section Map No.: NW25
App: Last Name: ohnson Related Cases:
App: First Name: Brian Case History: 2-lot minor subdivision
Owner: Last Name: ame
Owner: First Name: -
App Address: 13997 W. 22nd Ave. Review Body: PC _....V
City, State Zip: Golden, CO 80401 -
App: Phone: 303-588-1083 APN: 39-252-01-029
Owner Address: ame - 2nd Review Body:
City/State/Zip: 2nd Review Date: Owner Phone: ame Decision-making Body: PC
Project Address: 3516 Approval/Denial Date: F
Street Name: Pay Street
City/State, Zip: heat Ridge, CO 80033 Reso/Ordinance No.: F~
Case Disposition: Conditions of Approval:
District: p
Project Planner: Reckert File Location: V ctive V Date Received: 8/29/2007,
Notes:
Follow-Up: Pre-App Date: 71512007. _
f ` CITY OF WHEAT RIDGE
Q 08/31107 3:40 PH cdb
fl : johnson
0 CITY OF WHEAT RIDGE RECEIPT HO:C024286 AMOUNT
06!22!07 4:51 PM edb FMSD ZONING APPLICATION F 1,040.00
zone
BRIAN JOHNSON PAYMENT RECEIVED AMOUNT
RECEIPT NOtC023812 AMOUNT CK 731 1,040.00
FMSD ZONING APPLICATION F 200.00 TOTAL 1,040.00
ZONE
PAYMENT RECEIVED AMOUNT
CK 719 200.00
TOTAL 200.00
WHE0 O
i
u m
OOLORP,
Wheat Ridge Community Development Department
PRE-APPLICATION MEETING SUMMARY
Meeting Date: July 5, 2007
Attending Applicant(s): Brian Johnson
Address/Phone:
13997 W. 22nd Ave.
Golden, CO 80401
303-588-1083
Attending Staff: Meredith Reckert - Senior Planner
Travis Crane - Planner II
Adam Tietz - Planner I
Dave Brossman - Development Review Engineer
Address or Specific Site Location:
Existing Zoning: Residential Two, R-2
Existing Comp. Plan: Single Family
Detached Residential (Not to exceed six
dwelling unit's per acre), SF(6)
Applicant/Owner Preliminary Proposal:
The property on which the action is being requested is currently zoned R-2, Residential
Two District. The applicant is proposing to create two lots through a minor subdivision
from the existing lot. The existing home will remain on the northern and will be converted
from a duplex back to a single family home lot. The southern lot will remain undeveloped
for now. It will either be sold as an undeveloped lot or the applicant may build a single
family home on the property.
Will a neighborhood meeting need to be held prior to application submittal?
A neighborhood meeting will not be required for minor subdivision.
Planning comments:
3516 Jay St.
Wheat Ridge, CO 80033
The parcel on which the action is being requested is zoned Residential Two, R-2. This
district is established to provide high quality, safe, quiet, and stable low to moderate
density residential neighborhoods and to prohibit activities of any nature which are
incompatible with the residential character.
The lot on which the subdivision is being requested is located at 3516 Jay St and is zoned
R-2. The lot is large and is bisected by Rocky Mountain Ditch, which runs diagonally from
the southwest corner to the northeast. Rocky Mountain Ditch splits the lot into two
triangular shaped pieces. The northern portion of the lot is smaller and there is an
existing home that has been converted into a duplex. The southern potion of the lot is
larger and has no improvements. The applicant has indicated that the duplex on the
northern portion of the property will be renovated and converted back into a single family
home. The surrounding neighborhood consists primarily of single family homes with a
number of duplexes mixed in as well. The zoning in the area is also similar. R-2 zoning
exists on all the lots surrounding this property. There are R-1 C zoned lots within the
immediate area as well.
This lot was part of a subdivision that was platted in the 1980's but the plat was never
recorded. According to the plat, Rocky Mountain Ditch was to be placed in an easement.
However the plat was not recorded. Since the plat was never recorded, it is unknown as
to whether the easement has ever been recorded. Upon the subdivision of this lot, the
plat should indicate the necessary easements for Rocky Mountain Ditch.
The subdivision of the lot as indicated on the submitted site plan will be constrained do to
the location of Rocky Mountain Ditch which would ultimately affect how the vacant parcel
is developed. It is recommended that the subdivision follow the easements of the ditch.
The diagonal split of the lot will work better for the development of the site and will aid in
the creation of lots that meet the required development standards established in the city
code. It is the goal of the applicant to meet all the development standards. If all the
development standards are met only one hearing will be required. If all the development
standards cannot be met, variances to the required standards must be requested which
will increase the number hearings and time required for the request.
The request for any subdivision which creates new dwelling units requires a mandatory
dedication of land for parks and open space. A typical fee for this type of dedication is
usually is $1,000 to $1,500. In smaller or minor subdivisions actual land is typically not
dedicated within the subdivided area. Instead of dedicating land in this subdivision the
applicant will pay a fee in lieu of, based on the size of the subdivision and number of new
dwelling units created. That money will be set aside in an account where it will be
combined with other fees from other subdivisions to purchase land for parks and open
space nearby.
The Process
The first step in the minor subdivision process began with the pre-application meeting
held on July 5th.
Since a neighborhood meeting is not required for a minor subdivision, a formal application
may be submitted now. The plans should reflect the issues discussed at the pre-
application meeting.
Incomplete applications will not be accepted or reviewed. All required documents must be
included with the application otherwise the application will be considered incomplete.
Upon submittal of the application, the assigned staff member will send the application out
on referral to public utility companies, other city departments, and other agencies that
may have an interest in the project. The referral period lasts for 15 days. During the
referral period the assigned staff member will also review and make comments on the
project.
When the review is complete the staff planner will inform the applicant of issues they feel
need to be addressed as well the concerns from all other departments. If all requirements
are met the applicant will be scheduled for a hearing before the Planning Commission
with a recommendation of approval, approval with conditions, or denial. At the hearing,
staff will present evidence to support their recommendation. The public will also be
allowed to present evidence or give testimony in support or in opposition of the project.
The Planning Commission will recommend approval or denial of the project based on the
testimonies given by staff, applicant and the public.
Public Works comments:
Curb, gutter, and sidewalk will be required for the right-of-way along W. 35th Ave. These
improvements will be required at the time of issuing a building permit. Whoever would
develop the southern lot would be responsible for the construction of the improvements.
See attached comments for further requirements.
Building comments:
Building Division was not present at the meeting. Comments will be made upon
application submittal.
Streetscape / Architectural Design comments:
The City has adopted an Architectural and Site Design Manual. Single family homes are
not required to comply with the manual.
Attachments: pre-application transmittal sheet, subdivision packet,
Phone Numbers
Meredith Reckert - Senior Planner
303-235-2848
Travis Crane - Planner II
303-235-2849
Adam Tietz- Planner 1
303-235-2845
John Schumacher- Building Official
303-235-2853
Dave Brossman - Development Review Engineer
303-235-2864
N,
City of Wheat Ridge \
Department of Public Works
July 5, 2007
PUBLIC WORKS DEPARTMENT
(303) 235-2861
7500 WEST 29" AVENUE WHEAT RIDGE, CO 80033 Fax (303) 235-2857
Pre-Application Meeting
3516 Jay Street (Brian Johnson)
Public Works Requirements:
2 Copies of the following shall be submitted for review (include with Building Permit Application):
1. Grading, Drainage, and Erosion Control Plan: A Grading, Drainage, and Erosion Control Plan
shall be required, showing the proposed site grading, percent grades, drainage direction, roof
drains and their release directions, and placement of erosion control BMP's to be utilized both
during and subsequent to construction. The Grading, Drainage, and Erosion Control Plan shall be
signed and sealed by a CO licensed Professional Engineer.
2. Construction Plans: Construction Plans (signed and sealed by a CO licensed Professional
Engineer) such as a Plan & Profile for the curb, gutter, & sidewalk along the 35,h Avenue
frontage shall be required. Include all COWR standard details for all proposed items.
3. Final Plat: A Final Plat using City-based bearings/coordinates (per Section 26-407-D-6 of the
Municipal Code of Laws), to be submitted in the form of 2 - 24"X36" hardcopies and 1 electronic
copy on CD or DVD-ROM in AutoCAD dwg or compatible drawing format, shall be required.
Please be advised that all section ties are to be to Section or IA Section corners only.
4. Site Plan: A Site Plan to include the following:
a. 24" X 36" sheet format.
b. A Vicinity Map.
c. The boundary of the site and existing and proposed lot lines are to be completely
described using bearings and distances.
d. A Legal Description of the site, including tie(s) to the Section.
e. A Basis of Bearing statement (using local City coordinate system).
f. Signed Certification from a Professional Land Surveyor licensed in the State of Colorado
for the parcel boundary and topographical information on the Site Plan.
g. A scale and north arrow.
h. Date of map preparation, and the name, address, and firm of who prepared the map.
i. Location of 100-year floodplain, if applicable.
j. Existing and proposed contours at 2-ft intervals.
k. Adjacent streets, including Right-of-Way widths, names, and ROW centerlines.
1. Location of all existing & proposed easements, rights-of-way, fences, walls, drainage-
ways, irrigation/drainage ditches, and buildings to be constructed or retained on site.
Additional hiformation:
1. An ADA-compliant handicap ramp at the 35 h & Jay corner, and curb, gutter, and
sidewalk along the 35" Avenue frontage shall be constructed.
2. Information pertaining to the Public Works development requirements, the City's Street
Construction Standards & Details in AutoCAD® DWG format, ROW maps, and City-
base coordinate information is all available on the City of Wheat Ridge website:
www.ci.wheatridge.co.us
(7-5-07) 3516 Jay St (Boon Johnson).doc
3516 Jay Street
LEGEND
Primary road interstate hignwey antl limtled access road
Secontlary row, U.S. Figbraay
Connecting mi,2 oouny reads
lueiohbomcml roads. dty sheets and un~mprovea oeds
SpecAat Rao Feahsa
Elevationipoints
City o` Wheat Ridge Boundary
GaoComm Parcels selection
sit o <G
Feel
State Plane Coordinate Projection
Colorado Central Zone
Datum: NAD83
DISCLAIMER NOTICE
This is a pictoria' representation of geographic and
demographic information. Reliance upon the accuracy,
reliability and authority of this information is solely
requestor s responsibility. The City of Wheat Ridge, in
Jefferson County, Colorado - a political subdivision of
the State of Colorado, has compiled for its use certain
computerized information. This information is avi fable
to assist in identifying general areas of concern only.
The computerized information provided should only be
relied upon with corroboration of the methods,
assumptions, and results by a qualified independent
source. The user of this information shall indemnify and
hold free the City of Wheat Ridge from any and all
liabiliiles, damages, lawsuits. and causes of action that
result as a consequence of his reliance on infonnation
provided herein.
wait r
City of Wheat Ridge, Colorado
s m 7500 West 29th Avenue
Wheat Ridge, CO 80033-8001
303.234.5900
giC0.A9
DATE: 7/5/2007
Subject: 3516 Jay Street Lot Division
From: Brian Johnson
(303) 588-1083
Date: 6/18/07
To Whom It May Concern:
This is a brief description of a lot division that I would like to do on my property in
Wheat Ridge. The property address is 3516 Jay Street. The Legal Description of the
property is Lot 0008; Key OOA; Section 25; Township 3; Range 69; Quarter Section NW.
The lot is currently 20,370 SF or .468 Total Acres. I would like to divide the lot into two
parcels. Currently there is a sinWeSgnily dwelling on the property. I would like to
divide the lot into roughly `he,a 994%sf piece that would contain the current single family
dwelling. The remaining 4; sf piece would then be the new lot. I have included a
rough sketch of the division I would like to have done. Thank you for your consideration
and if you have any questions please feel free to call me at the number above.
Thanks,
Brian Johnson
Subject: 3516 Jay Street Lot Division
From: Brian Johnson
(303) 588-1083
Date: 6/18/07
To Whom It May Concern:
This is a brief description of a lot division that I would like to do on my property in
Wheat Ridge. The property address is 3516 Jay Street. The Legal Description of the
property is Lot 0008; Key OOA; Section 25; Township 3; Range 69; Quarter Section NW.
The lot is currently 20,370 SF or.468 Total Acres. I would like to divide the lot into two
parcels. Currently there is a single family dwelling on the property. I would like to
divide the lot into roughly Ica 9,370sf piece that would contain the current single family
dwelling. The remaining 11,000sf piece would then be the new lot. I have included a
rough sketch of the division I would like to have done. Thank you for your consideration
and if you have any questions please feel free to call me at the number above.
"Thanks,
Brian Johnson
13997 West 22„ d Ave.
Golden, CO 80401
S/gy sT2
Z
M
04,03.,2002' 09:02 F.QZ
06/0212002 15:49 FAX 3033219393
t.a...,.d ta, rt
t.0.actan r at.awr
W
w
LL
O
O
w N
C
U~IW1(~
O ~
O d
4
H
pi
TMIS OeIU. F.O. Mi.
8AU8 C_ JO~f7lIIf ADm SLM>Y J~5 3i>m1$['9r
aorta. f.t [Pe -aerlEr.tioa " - i.a.pOL1A9a A of~a cam MO vWl~t2 N[6lOERwTta .n ti..1 v.ia,
f.tdpv xlla ..d Ni<cfaim t. -
SAS)•tr C_ ao~oor
Gsrtw_ J.... ftta.i e.+. 1. 3515 5516 9TRaffi'
City ei %AM&Z 823)L38 . cF m .]xwwwutm ssate a7 Gelorado th. I.Llu+in.
nml peq>•t.Y in Me f W .f awz3aSCtr - and 6tvae .f lLl.1•.m. t0 ut t:
Yf>a9! YsII2 or S t /2 6Li3116 sG/4 ID /A mex-. yt.n 25. To~f~ 3 w0R8.
lal 0. W1it.AY
98Hf$ 69 lf¢9S. » AS AZm R6C1ID82ID 20 D9 YAAS or
IiDRE gACSS('^t~r"v a~t`428>m 1O a0iiattg:
R1;QMbCff3M0 A 2 9aUm T C or s Loo' el T IDC 165.5
PSiiSp 1~1tS 868'2 140 D ' mum= soo:ls 145.4 zl9$>•s gym' 1m9T 140
Masi T ' WO oY alfOfiad. -
a, JEl1EL3 - $S = 01 aosOnn -
.L. unit. b .1. m10 t.allr ' 3516 TAY SM72=1 A~1T X=0013. Cb 90033
Ti Tfl A .ii all io .Yix'iMWI000.
The 41ny ~ a -tl ;[clld.-t P"e"' [.e Ptu k i+.. xi,wlaf, en0 tfa up of .nf psttif CMII
e p ia.0t. t. ALL'JVIO.r.. Vt . of the db a tear fits[ mwe w-(itm_
6rt. e• C7l~T
C.v+[Y of ~-P/Y ) {,.yY/. nit
TM1. 1.r.l.~tw i~itVmt acnwlclia..~~..efoh tnie dA of f N-~L~ /~rJ~ ~
b1, r"'nt 1 Tnlrt Tn.4.~c'el+ r, '3~F-
a
s. ~ •A
\ Na t!I 6111 ~l l/.
of trl.p. trv owW ann oftida tmt_ \ . J''.,'~7U:] ~~i'+:
Lry arriaia P9; ~f ~
My Commission Expires 06/07/2005 'f = of (j•
100 St. Paul Street ` ?.cr 1
Denver, CO 80206
fet0 0641 <O l A 61.1- o -
(?1004
RECEPTION NO. 1= 146':7034
4/25/2002 11:36:42 PG: 001-001
PAGE FEE: 5.00 DOC.FEE. 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
LIF4U1LnsR CLOstr+G3
aLaM1S13. Yan.aia
i 1
\n
JOHNSON MINOR SUBDIVISION
A RESUBDIVISION OF A PART OF LOT 8, CONWAY HEIGHTS
SITUATED IN THE NW 1/4 OF SECTION 25, T.3S., R.69W., OF THE 6TH P.M.
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET 1 OF 1
I
I
I
I
I
-
I
I
I
I
I
I
I
I
i
APAIWOBWrgS Arf0W=
I
I
I
ZQYIR'N-Z
A9•A (1.ThI3M
`O"1OM)
•
.
.
'
I
N89
47
40
E 140.00
I
°
?
wc
a~
il
n
~
i rmni~cT
mu
F
L
l
3
I vu
STT13
I
j ss.
I
I
LOT I
TDT /
I A
I alai AcIa3 / /
I
/
I
YN°inru°~wav°r
'yam
m
I
,
/ H
~
o
I ,u ~
a~
m
I Amrs25 ~ /
f
wg
/
I
a-
c°v
sev4rw•W 6031
/ f
i /
_
®
b
I e=rzvv % j
I
`o
°z
I J /
/ mph
_
I /
LM 2
IommuffvvxT
I / i 3{f5 Mti5
mr4rww 1w.ao
s ~
3.500 NUM♦E dt N
OBNGTm ro THE arc OF WIffAT Rna
I
AS $1122T MCM-OFWAT
--J
S89-47401Y 140.00•
-
6EG/NMN!i
MnwM Fawn aR ST
_
WEST 3$TTM AVENI
IDIMI~ ROIL V/R.s)
Dom:
1. THE OWNER, HIS SUCCESSORS AND ASSIGNS GRAMS UMTTED RIGHTS
AND PRMLEGES TO ACCESS AND TO FREE MOVEMENT THROUGH
THOSE AREM1S INDICATED AS -CROSS ACCESS/INGRESS-EGRESS
EASEMENTS'. AS ILLALSTRATED UPON THIS PUT. SUCH C WAIT OF
EASEMENT SHALL BE UMBER TO THE OWNERS. TENWIS, CUSMMERS.
AND GUESTS OF RTE OWNERS, AND SHALL NRTTERMORE GRAM
ACCESS TO AND FREE MOVEMENT THROUGH SND EASEMENTS TO
THOSE ENTERING SAID EASEMENTS FROM SIMIIARI.Y RECORDED
EASEMENTS FROM ADJACENT PROPERTIES AND/OR FROM ABUTTING
PUBLIC STREETS.
2. TEN-FOOT (10') WIDE EASEMENTS ARE HEREBY GRANTED ON PRIVATE
PROPERTY ADIACEM TO ALL PUBLIC STREETS AND MOW AND REAR
PROPERTY UNES OF EACH LOT N THE SUSWSION OR PUTTED AREA.
FNE-FOOT (5') WIDE EASEMEN5 PRE HEREBY GRANTED ON PRIVATE
PROPERTY ADJACENT TO ALL SIDE LOT UNES OF EACH LOT N THE
SUGDMSION OR PULLET) AREA THESE EASEMENTS ARE DEDICATED
FOR THE INSTAWTION. MAINTENANCE. AID RERACEMEM OF
ELECTRIC, GAS, TELEVISION CABLE, DRAINAGE AND
TELECOMMUNICATIONS FACILITIES. MARES SHALL A1SO BE
PERMITTED WITHIN MY ACCESS EASEMENTS AND PRIVATE STREETS IN
THE SUBDIVISION. PERMANENT STRUCTURES AND WATER METERS
SHALL NOT BE PERMITTED WITHIN SAID UMITY EASEMENTS.
DQgS: (CONTINUED)
I
I
I
\
I
I
L
I
0~
GEA.14®ssc
NJGA99
'
ZONER
A-P
I
Qs
I
I
2
I
I
I
I
I
I
_ I
-
r
I
I
I
i
~
I
I
/
--fir-
I
/
I
I I
I
~
I
~
I
I
`4
I
I
. WMa.
j
T>Slc b➢ LS Ma SSB>
I
I
/
I
I
I
kl
I
°
~ld'
/ I
~ I
I
I
I
'
{l
$
I
i
~
yl
°IS i
I
I i
S
l
/
/ I
°
~
I
Y
y
~
~ I I
Bs
I
w ~
~
I
1
I
o
o
N ®ry
I
I I
I
O y
" I
9
00
MI ~
I
I
~
I
I I
I
I
~
I
I
nl
EN18EMJ
I
I i
?I
FN~M,~N GW
I
i
I
I
I
I
J~
I I
~C!
I
Al6A0'
SflY4T wlY
1 18 NIP6A
E
ipRO CR YT
.
ig P9g~+(
WO
W I
-=2JT14~R
1~'B2•
~
'NM,
~
IIgY
3. THIS PUT WAS BASED ON LAND TREE POUCY NUMBER TR845234
PREPARED BY LAND TITLE GUARANTEE COMPACT. WITH A POLICY DATE
OF APRIL 25, 2004 AND D06 NOT CONSRHRE A THE SEARCH BY THIS
SURVEYOR FOR OTHER EASEMENTS AND/OR EXCEPTIONS OF RECORD.
4. BASIS OF BEARINGS:
BEARINGS USED HEREON ARE BASED ON THE ASSUMPTION THAT TIE
EAST LINE OF ME NW 1/4 OF SECTION 25. T.M. R.69W.. OF THE BEN
P.M., IS ASSUMED TO BEAR 5CO19'OBT BOUNDN BY THE
MONUMENTS SHOWN HEREON.
5. TIE TiIRTY-FOOT (38) WIDE EASEMENT FOR THE ROCKT MOUMNN
DBOH GUYS DEIERNNED BY A FIELD INSPECTION OF TIE DITCH BY
REPRESENTATIVES OF TIE ROCKY MOUWAN WATER COMPANY
(OWNERS) AND A FEW SURVEY OF THE FHYSICA LOCATION OF ORCH
AND IXISHNG IMPROVEMENTS. REGARDING DOW RKMS-M-WAY
CRS 37-86-IW STATES 'ME RICK OF AN OWNER WRIT RESPECT M A
DITCH EXCAVATED OVER THE PRIVATE IANO OF ANOTHER EXTEiDS TO
THE BED OF TIE DRCH AND SUFFICIENT GROUND ON EITHER SIDE'
i~ ~wm mm I•x
(FOIwroJ 11' NA4~W~
z
2 12
M
I I.: 3, i § 1, it
121 it
L
wa'1w1.,11 T ~ I ~ s I 1 m
-'TY=aN i 11 i i '8 J lv i~ I L
_ I 1 1 'v
9 F R f A U
V/C/N/1YMAP' ;
OWNQ15 C~.:...C lE
BRIAN C. JOHNSON, BEING ME OWNER OF A RE PROPERTY
COMMNING 0.5399 ACRES DESCRIBED AS FOLLOWS:
HAVE WD OUT, SUBDIVIDED AND PLATTED SAID IAND AS PER THE
DRWMG HEREON COMAINED UNDER ME NAM NN STYLE OF
JOHNSON MINOR SUBDMSION. A SUBOMSIOY OF A PART OF THE CRY
OF WHEAT RIDGE. CgORADO AND BY THESE PRESENTS DO DEDICATE
TO THE CRY OF WHEAT RIDGE AMU THOSE MUNICIPALLY OWNED
AND OR MUNICIPALLY FRANCHISED MUTIES AND SERVICP.a THOSE
Po S OF REAL PROPERTY SHOWN AS FASNEWS FOR THE
CONSTRUCITON. INSTAUA . OPERATION. MNNTENWCE REPAIR
AND RERACEMEM FOR ALL SERJICES. IBIS INCWDES BUT IS NOT
LIMITED W TELEPHONE AND ELECTRIC UNFS, GAS ONES. WATER AND
SANITARY SEWER UNES. HYDRANTS. STORM WATER SYSTEMS AND
PIPES, DETENTION PONDS. SWEET LIGHTS AND ALL APPURTENANCES
THERETO.
BY.
BREW C. JOHNSON
uVkRy PURLRs
STATE OF
55
COUNTY of
ME FOREGOING INSTRUMENT WAS ACKNOWI£OGED BEFORE ME
THIS DAY OF , AD_ 20 BY
BRIAN C. JOHNSON AS OWNER.
WITNESS W HAND AND OFFICIAL SEAL
NOTARY PUBLIC
MY CDMNISSION IXPLRES:
ADDRESS:
L ROBERT J. DAILY DO HEREBY CERTIFY THAT THE SURVEY OF
THE BOUNDAJN OF JOHNSON MINOR SUBDIVISION WAS MADE
BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY
KNOWLEDGE, INNRMARON AND BWET. INC ACCORDANCE WITH AL.
APPUCABLE COLORADO STATUTES. CURRENT REVISED EDITION AS
AMENDED, THE ACCOMPANYING PUT ACCURATELY REPRESENTS SAID
SURVEY.
ROBERT J. DAILY
COLORADO LS. NO. 35597
ACCORDING TO COLORADO TAW YOU MUST COMMENCE ANY UDG ACTION
OF BASED UPON ANY DEFECT M MIS SURVEY WITHIN AJiPFE YEARS A
YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED
UPON ANT DEFECT IN D16 SURVEY BE COMMENCED MORE THAN ANY YEARS
FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
ANY PERSON WHO KNOWINGLY REMOVES, ALTERS, OR DEFACES MY PUBUC
IAND SURVEY MONUMENT. IPND BOUNDARY MONUMENT. OR ACCESSORY
COMMITS A CV55 TWO (2) MISOEAEMOR, PURSUANT TO STATE STATUTE
18-4-508 OF THE COLORADO REVISED STATUTES.
PIANMNG Cd1M15510N CtRTIF1GTdt
APPROVED THIS _ DAY OF , 2O , BY THE
WHEAT RIDGE PIANWNG COMMISSION.
CHAIRPERSON
Lm cmnFxAnoW
APPROVED THIS _ DAY OF , 20_, BY THE
CITY OF WHEAT RIDGE
ATTEST
COMMUNITY DEVELOPMENT DIRECTOR
DIRECTOR OF PUBUC WORKKKKS
STATE OF COLORADO
55
COUNTY OF JEFFERSON
I HEREBY GUMMY MAY THIS INSTRUMENT WAS nUU) N THE OFFICE OF
THE COUNTY CLERK AND RECORDER OF JEFFEMACN COUNTY AT GOLDEN.
COLORADO AT O'CLOCK N. ON THE _ MY
OF - . 20_ AD.. N BOOK PAGE
RECEPTION W.
BY.
JEFFERSON COUNTY CLERK AND RECORDER
A PARCEL OF WiD BEING A PART OF LOT 8, CONWAY HOGMS, AS
RECORDED IN THE JEFFERSON COUNTY. COLORADO. CLEW AND
RECORDER'S OFFICE, SITUATED IN ME NW M OF SECTION 25. T35.,
R.fi9W., M' THE BM P.M., CITY OF WHEAT RIDGE, COUNTY OF
JERERSON, STATE OF COLORADO. MORE PALMCUURLY DESCRIBED
A5 ALLOWS: