HomeMy WebLinkAboutWA-99-087500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
March 30, 1999
Tom Moran Construction
Attn. Herb Kelly
3250 Oakland Street, #G
Aurora, CO 80010
RE: WA-99-08
Dear Mr. Kelly:
Ridge
Please be advised that at its meeting of March 25, 1999, the Board of Adjustment APPROVED your
request for a 5' front yard setback variance to the 30' front yard setback requirement for the property
located at 10595 West 38" Place.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, March 25, 1999. Should you decide to appeal the decision of the
Board, you will need to notify the Jefferson County district court in writing within 30 days of the
Board's decision.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Barbara Delgadillo
Planning and Development Secretary
/bd
cc: Janina Orcholski
10595 W. 38`h Place
Wheat Ridge, CO 80033
WA-99-08
C:\Barb=\BOA\CORRESF ~wa9908moran.wpd
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado on the 25th day of March, 1999.
CASE NO: WA-99-08
APPLICANT'S NAME: Tom Moran Construction
LOCATION: 10595 West 38th Place
Upon a motion by Board Member ECHELMEYER, seconded by Board Member BROWN, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-99-08 is an appeal to this Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and there were no
protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge;
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
WA-99-08 be, and hereby is, APPROVED.
TYPE OF VARIANCE: Five-foot front yard setback variance to the thirty-foot front yard
setback requirement.
FOR THE FOLLOWING REASONS:
Approval of this request will not be detrimental to the public welfare.
2. the property is located on the comer of two public right-of-ways and was platted with
only a 65-foot depth.
3. Approval of the request will not impair the adequate supply of light and air to the
adjacent property to the east.
An extension on the front side of this property is fairly much in keeping with just about
every house on the street with the exception of the immediate neighbor.
Board of Adjustment
Resolution No. 99-08
Page two (2)
This approval is tentative depending upon a letter from the occupant's physician
indicating a true handicap hardship does exist, and the Board grants authority to the staff
to accept or not accept the applicability of the physician's letter to this case.
VOTE: Yes: ABBOTT, BROWN, ECHELMEYER, HOWARD, JUNKER,
THIESSEN
No: None
Absent: HOVLAND, MAURO
DISPOSITION: A five-foot front yard setback variance to the thirty-foot front yard setback
requirement was approved.
ADOPTED and made effective this 25th day of March, 1999.
TOM ABBOTT, Vice Chairman
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
~ e
B. Case No. WA-99-08: An application by Tom Moran Construction for a five-foot front
yard variance from the 30-foot front yard setback requirement for the addition of a
sunroom. Said property is zoned R-1B and located at 10595 West 38th Place.
The case was presented by Sean McCartney. He reviewed the staff report, presented
slides and overhead projections of the subject property; and answered the ten criteria used
in considering a variance. All pertinent documents were entered into the record and
accepted by Vice Chair ABBOTT. He concluded that staff has found there may be
evidence of a physical hardship attributed to the subject property; however, the face
remains that the request for a sunroom is based purely on luxury and convenience rather
than an every day need. the owner would legally be able to construct an open-sided
covered patio which could encroach eight feet into the established from yard setback
without the need for a variance.
In answer to a question from Vice Chair ABBOTT, Mr. McCartney stated that the power
of attorney matter had been resolved.
Monte Zufeldt
9661 West 64th Place, Arvada
Mr. Zufeldt was sworn in by Vice Chair ABBOTT. He is employed by Room With a
View Sunrooms. He was appearing on behalf of the owner, Jan Orcholoski, who was not
able to attend the hearing because of poor health. He explained that Mr. Orcholoski is
severely handicapped and that a handicap ramp will also be installed. He stated there is
no other location for the sunroom.
Board Member ECHELMEYER stated that he observed several other residences in the
immediate area that have similar front yard setbacks and felt the addition of the sunroom
would not distract from the neighborhood.
Vice Chair ABBOTT stated that the request does not meet the criteria other than for the
handicap issue. He would like a doctor's statement that the applicant would benefit from
the addition of a sunroom.
Board Member JUNKER believed the small size of the lot constituted a hardship.
Board Member THIESSEN stated that she would be more comfortable with a doctor's
statement.
Board Member HOWARD stated that the addition would be an improvement to the
neighborhood and he would have no objection to the application.
Board Member BROWN agreed that there was a hardship in that there is no other place to
add the sunroom and felt the addition would also be an improvement to the
neighborhood.
Board of Adjustment Page 4
03/25/99
Vice Chair ABBOTT stated that he believed the application was reasonable because the
proposed addition would still allow thirty feet between structures and would not be
detrimental to the neighborhood.
Upon a motion by Board Member ECHELMEYER and second by Board Member
JUNKER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-06 is an appeal to this
Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law, and there were
no protests registered against it; and
Whereas, the relief applied for may be granted without detriment to the public welfare
and without substantially impairing the intent and purpose of the regulations governing
the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No.
WA-99-06 be, and hereby is, approved.
Type of Variance: A ten-foot side yard setback variance to the fifteen-foot side yard
setback requirement to allow for construction of a bathroom and office addition.
For the following reasons:
Approval of this request will not be detrimental to the public welfare; and there
has been no opposition by the immediate neighbor or anyone else living on the
street.
2. The property's dramatic slope to the north does not allow for reasonable
development, at least to place the bathroom near the necessary bedrooms.
3. Approval of the request will not impair the adequate supply of light and air to the
adjacent property to the east.
Vice Chair ABBOTT offered an amendment to the motion to list an additional reason as
follows: "The adjacent dwelling to the east has a setback of approximately twenty-five
feet thus providing approximately thirty feet of separation between structures following
the granting of this variance."
The amendment was accepted by Board Members ECHELMEYER and JUNKER and the
motion passed by a vote of 6-0 with Board Members HOVLAND and MAURO absent.
Vice Chair ABBOTT advised the applicant that his request had been approved.
Board of Adjustment Page 3
03/25/99
Upon a motion by Board Member ECHELMEYER and second by Board Member
BROWN the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-08 is an appeal to this
Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law, and there were
no protests registered against it; and
Whereas, the relief applied for may be granted without detriment to the public welfare
and without substantially impairing the intent and purpose of the regulations governing
the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No.
WA-99-08 be, and hereby is, approved.
Type of Variance: A five-foot front yard setback variance to the thirty-foot front yard
setback requirement.
For the Following Reasons:
Approval of this request will not be detrimental to the public welfare.
2. The property is located on the corner of two public right-of-ways and was platted
with only a 65' depth.
Approval of the request will not impair the adequate supply of light and air to the
adjacent property to the east.
4. An extension on the front side of this property is fairly much in keeping with just
about every house on the street with the exception of the immediate neighbor.
This approval is tentative depending upon a letter from the occupant's physician
indicating a true handicap hardship does exist. The Board grants authority to the
staff to accept or not accept the applicability of the physician's letter to this case.
The motion passed by a vote of 6-0 with Board Members HOVLAND and MAURO
absent.
5. CLOSE THE PUBLIC HEARING
Vice Chair ABBOTT declared the public hearing to be closed.
Board of Adjustment Page 5
03/25/99
6. OLD BUSINESS
A. Variance at 7110 West 29th Avenue Board Member ECHELMEYER reported
that the shed has now been relocated.
B. Variance at 38th and Garrison - Board Member THIESSEN asked the status of
the trailer at this location. Mr. McCartney explained that the Board of Adjustment
had given permission to the homeowner to keep the trailer on his property for six
months while he was completing a construction project on his residence. This six
month period ended February 27 and when notified that the time period was
expired, the homeowner contacted the city to say that he was in the final stage of
construction and would soon be applying for a certificate of occupancy. However,
code enforcement action has been initiated by the City.
C. Garage on West 35th Avenue. Vice Chair ABBOTT reported that the property
which involved a request for a variance to allow an addition to store Rolls Royce
automobiles has been sold.
NEW BUSINESS
A. Reorganization of the Board. There was a consensus of the Board to continue
the elections for Chairman and Vice Chairman to the April 22nd meeting when
there will be more members present.
B. Approval of Minutes of February 25, 1999. Board Member HOWARD
moved and Board Member ECHELMEYER seconded to approve the minutes of
the February 25, 1999 Board of Adjustment meeting. The motion passed by a
vote of 4-0 with Board Members BROWN and JUNKER abstaining, and Board
Members HOVLAND and MAURO absent.
8. ADJOURNMENT
It was moved by Board Member HOWARD and seconded by Board Member THIESSEN
to adjourn the meeting at 8:50 p.m. The motion passed by a vote of 6-0 with Board
Members VLAND and MA O absent.
i TOM ABBOTT, Vice Chairman
Board of Adjustment
~.r
Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment
03/25/99
Page 6
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING:
March 25, 1999
DATE PREPARED: March 18, 1999
CASE NO. & NAME:
WA-99-08/ Moran Const.
CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for a 5' front yard setback variance to the 30' front yard setback
requirement.
LOCATION OF REQUEST: 10595 West 38"' Place
NAME & ADDRESS OF APPLICANT: Tom Moran Construction
3250 Oakland Street, #G
Aurora, CO 80010
NAME & ADDRESS OF OWNER: Janina Orcholski
10595 West 38" Place
Wheat Ridge, CO 80033
APPROXIMATE AREA:
7,800 square feet
PRESENT ZONING:
Residential-One B
PRESENT LAND USE:
Single-family residential
SURROUNDING ZONING:
N:, W: E: Residential-One B; S: Residential-One
SURROUNDING LAND USE:
N:, W:, S: and E: Single-family residential
DATE PUBLISHED:
February 5, 1999
DATE POSTED:
February 11, 1999
DATED LEGAL NOTICES SENT:
February 1, 1999
ENTER INTO RECORD:
O COMPREHENSIVE PLAN
(X) CASE FILE & PACKET MATERIAL
(X) ZONING ORDINANCE
O SLIDES
O SUBDIVISION REGULATIONS
(X) EXHIBITS
(1 OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
I. REQUEST
The applicant is requesting approval of a 5' front yard setback variance to the 30' front yard setback
requirement to allow for the construction of a 10' X 16' sunroom. If approved, the sunroom will be
constructed around the existing front entrance on the south side and be located approximately 25' from
the south property line. J
The applicant is the contractor for the project and was informed, during the building permit process, that s
the proposed sumoom was encroaching into the 30' front yard setback requirement. Pursuant to Section 1
26-12(F) of the Wheat Ridge Code of Laws all structures built within the Residential-One B zone district
must retain a 30' front yard setback from the designated front property line. However, if the sunroom e . p' 14,
were open on at least two (2) sides the Code of Laws would permit the structure to extend a maximum of
8' into the same designated front yard setback requirement. In this case, the sunroom is not considered q) N ao
open and need to comply with the setback requirements established for enclosed structures.
It should be noted that there are other residences in the immediate vicinity that have patio covers which
legally extend into the established front yard setback.
To date, staff has not received any opposition regarding this request.
II. SITE PLAN
The property in question is rectangular in shape measuring 65' (north and south) X 120' (east and west).
Because of the shallow north to south depth and the Code of Laws requirement for a 30' setback for all
structures, the property does create a physical hardship. Also, the property is located on the corner of
Nelson Street and West 38' Place, thereby the setback requirements would be 30' from Nelson Street
(Section 26-12(F)(a)), and 30' from West 38t' Place.
III. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
Yes. If the request is denied, the structure may continue to be used as a single-family residence.
The purpose of the request is to allow for a sunroom addition that will be built around the
entrance of the residence on the south side of the structure. The sunroom addition is purely for
convenience.
Board of Adjustment
WA-99-06/Ragan
Page L
2. Is the plight of the owner due to unique circumstances?
No. There aren't any unique circumstances attributed with this request.
3. If the variation were granted, would it alter the essential character of the locality?
No. Although approval of this variance would allow for the construction of the first enclosed
sunroom in the neighborhood, there are other residences in the neighborhood which have covered
(but open) patios that legally extend into the established front yard setback.
4. Would the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as distinguished
from a mere inconvenience if the strict letter of the regulations were carried out?
Yes. As previously stated, the property, which is located on the corner of Nelson Street and West
38th Place, was platted with a shallow depth (65') which does not allow for much development
opportunity. Typically, corner lots are larger in size.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to the other property within the same zoning classification?
Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for
each request.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property?
No. The purpose of the request is to allow for the entrance of the residence to be enclosed.
7. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The applicant, who has interest in the property, has created a self-imposed hardship in that
a sunroom is considered more of a luxury than an everyday need. The applicant could construct a
patio cover that would be permitted to extend 8' into the 30' front yard setback requirement (if the
structure were open on at least 2 sides).
8. Would the granting of the variations be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
No. Even though approval of this request will allow for the first enclosed structure in the
neighborhood to encroach into the front yard setback, there are other properties which have
covered patios along West 38' Place. Also, because the proposed structure will remain
Board of Adjustment
WA-99-06/Ragan
Page 3
/3
approximately 25' from the south property line and will be located outside of the established
sight-distance-triangle, approval of this request should not be detrimental to the public's welfare.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
No. Because the sunroom is proposed to be located in the designated front yard (25' from the
front lot line) and will allow for at least 40' setback from the eastern property line, approval of
this request should not impair the adequate supply of light and air to adjacent properties nor
increase the danger of fire. Also, because the structure will be located outside of the designated
sight-distance-triangle, approval of this request should not increase congestion in the public
streets.
10. If it is found in criteria 8 and 9 above that granting of the variation would not be
detrimental or injurious to other property or improvements in the neighborhood, and it is
also found that public health and safety, public facilities and surrounding property values
would not be diminished or impaired, then would the granting of the variance result in a
benefit or contribution to the neighborhood or the community as distinguished from an
individual benefit on the part of the applicant, or would granting of the variance result in a
reasonable accommodation of a person with disabilities?
No. This request is solely for the benefit of the homeowner and should not benefit the
neighborhood or community.
IV. STAFF CONCLUSIONS AND RECOMMENDATION
Upon review of the above request, and based on the physical layout of the property, staff has found that
there may be evidence of a physical hardship attributed to the property in question. However, the fact
remains that the request for the sunroom is based purely on Luxor and convenience, and not an every day
need. The owner would legally be able to construct an open-sided, covered patio that would be able to
encroach 8' into the established front yard setback (22' from front lot line) without the need of a variance.
V. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-99-08, a request for a 5' front yard setback variance to the 30' front
yard setback requirement for a property zoned Residential-One B and located at 10595 West 38 h Place,
be APPROVED for the following reasons:
1. Approval of this request will not be detrimental to the public's welfare.
2. The property is located on the corner of two public right-of-ways and was platted with
only a 65' depth.
Board of Adjustment
WA-99-06/Ragan
Page 4
6
Approval of the request will not impair the adequate supply of light and air to the
adjacent property to the east."
Option B: "I move that Case No. WA-99-08, a request for a T from yard setback variance to the 30' front
yard setback requirement for a property zoned Residential-One B and located at 10595 West 38' Place,
be DENIED for the following reasons:
1. The request is based on a self-imposed hardship.
2. The owner would be able to construct an open-sided, covered patio that would be able to
extend 8' into the designated front yard setback without the need of a variance."
E:Vv Xc eykc a fi1es\wa9908.wpd
Board of Adjustment
WA-99-06/Ragan
Page 5
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RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
_ - _ AELCPTION NO. 8705603.1
04/30/87 10:45 9.f0
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~rWlleat Ridge, Colorado 60033
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a; w Eqr LAND USE CASE PROCESSING APPLICATION w Ear
P ~ P
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m Planning and Development Department
7500 West 29th Avenue, Wheat Ridge. CO 80033
oc,,.R,oa Phone(303)235-218;6 ` ccRa~°
(Please print or type all information)
i
44d 1~ S~ Address 3250 % 0A/L1s}nJI'~> S • Phone -s7Zo /t2b
Applicant gyp' O
~r l'`
<
~/!"W1n/4- Address ~-L.
Owner / Phone
City Gr/// ~"r 61 8'0033
Location of request (address)
Type of action requested (check one or more of the actions listed below which pertain to your request.)
❑ Change of zone or zone conditions 2 Variance / Waiver
❑ Site development plan approval ❑ Nonconforming use change
❑ Special Use Permit ❑ Flood plain special exception
❑ Conditional Use Permit ❑ Interpretation of Code
❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment
❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group
❑ Subdivision (More than 5 lots) ❑ Street Vacation
❑ Preliminary ❑ Final ❑ Other:
Detailed description of the request: AW - S
/nltD D' SE~?~A~/L M14/~~cf -I~IhS jI S- Lo
Z 0n17_ Fill out the following information to the best of your knowledge.
Current Zoning:
Size of Lot (acres or square footage):
Current use:
Proposed use: )mil
Assessors Parcel Number: /0- 008,
1 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 amacting 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-a me from the owner which approved of this action on his behalf.
Signature of, pplicants
Subscribed nd sworn to me tthis-3 day of& t9
e
Notary -.Public My commission expires
Date received Receipt No. Case No.
Related Case No. Zoning Quarter Section Map J~
/5-l 0
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on March 25,1999, at 7:30 P.M. at 7500 West 29th Avenue,
Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petitions shall be heard:
1. Case No. WA-99-06: An application by Ronald Ragan for approval of a 10' side yard
variance from the 15' side yard variance requirement for the addition of a bathroom on
the east side of the residence. Said property is zoned R-1 and located at 12647 West 38'
Drive .
2. ase No. WA-99-08: An application by Tom Moran Construction for a 5' front yard
Vvariance from the 30' front yard setback requirement for the addition of a sunroom. Said
property is zoned R-IB and located at 10595 West 38' Place.
Ay&~
Barbara Delgadillo, Re ' 4ding Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: March 5, 1999
CABarb= BOATUBRRGS\990325.wpd
The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
March 4, 1999
Dear Property Owner:
Wheat
Ridge
This is to inform you that Case No. WA-99-08 which is a request for approval to allow a 5' front
yard setback variance from the 30' front yard setback requirement for the addition of a sumoom
for the property located at 10595 West 38' Place will be heard by the Wheat Ridge Board of
Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue.
The meeting will be held on March 25, 1999, at 7:30 p.m.
All owners and/or their representative of the parcel under consideration must be present at this
hearing. As an area resident or interested party, you have the right to attend this Public Hearing
and/or submit written comments. It shall be the applicant's responsibility to notify any other
persons whose presence is desired at this hearing.
If you have any questions or desire to review any plans, please contact the Planning Division at
235-2846. Thank you.
Planning Division.
C:\Barbara\BOA\PUBHRGS\wa9908cert.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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Case No.:
A9908 ____J
App: Last Name:
Moran Construction J
App: First Name:
om
Owner: Last Name:
Orchoiski
Owner: First Name:
anina J
App Address:
3250 Oakland Street, #G _
City, State Zip:
urora CO 80010
App: Phone:
303340-5770
Owner Address:
1059538th Place
City/State/Zip:
L
Owner Phone:
303-423-6040
Project Address:
10595
Street Name:
West 38th Place
City/State, Zip
Quarter Section Map No.: E21
Related Cases: None. -J
Case History: Request for a5' front yard
ariance for the addition of
sunroom. Room will
project out 10' with a width
Review Body:
APN:
2nd Review Body:
2nd Review Date:
Decision-making Body:
Approval/Denial Date:
Reso/Ordinance No.
Case Disposition: pproved
Project Planner: McCartney
File Location: Closed
Notes:
Follow-Up: ~----..._......._.....-_J
Board of Adjustment
312511999
as
_-J
Conditions of Approval: one.
District: lll_ J
Date Received:
Pre-App Date: J