HomeMy WebLinkAboutWA-99-10The City of
Wheat Ridge, Colorado 80215
Telephone 303/ 237-6944
FAX 303/234-5924
April 29, 1999
Gordon Hinshaw
4045 Upham St
Wheat Ridge, CO 80033
RE: WA-99-10(A) and (B)
Dear Mr. Hinshaw:
Ridge
Please be advised that at its meeting of April 22, 1999, the Board of Adjustment APPROVED your
request for a 120 square foot building coverage variance to the 600 square foot maximum building
coverage requirement for a detached garage in this zone district, and a variance to Section 26-30(l)
that requires a hard surface for a detached garage for property zoned Residential-Three (a minimum
of fifteen (15) feet from the curb into the property shall be paved to a width of nine (9) feet).
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, April 22, 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
rod
cc: (Case File No.)
E:\Planning\FORMS\boaapproval-denial lettermpd
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Whet Ridge Board of Adjustment, do hereby
certify that the following Resolution was duly adopted in the City of wheat Ridge, County
of Wheat Ridge, County of Jefferson, State of Colorado, on the 22nd day of April, 1999.
CASE NO: WA-99-10(A)
APPLICANT'S NAME: Gordon Hinshaw
LOCATION: 4045 Upham Street
Upon a,motion by Board Member ABBOTT and second by Board Member THIESSEN,
the following resolution was stated.
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-99-10 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-99-10 (A) be, and hereby is, approved.
TYPE OF VARIANCE:" A 120 square foot building coverage variance to the 600
square foot maximum building coverage requirement for a detached garage in this zone
district.
FOR THE FOLLOWING REASONS:
A detached garage that is built to code would measure 24 x 25 feet (or
600 square feet). The Board believes the additional five feet in width will not be
noticeable because the property is so large that the structure will occur 157 feet
back from the property line and the property is heavily planted with mature trees.
2. Building possibilities on this oversized lot are being restricted to building
dimensions applied to much smaller lots; therefore, a hardship related to fair use
of the total property is created for the property owner.
Board of Adjustment Page 1
04/22/99
Board of Adjustment
Resolution 99-10(A)
Page two (2)
WITH THE FOLLOWING CONDITIONS:
The garage structure may be one-story maximum with a 6 and 12 maximum pitch
roof.
2. The exterior siding and roofing materials shall be similar to the house as described
to the Board by the applicant.
VOTE: YES: ABBOTT, HOVLAND, HOWARD, JUNKER, MAURO,
THIESSEN
NO: ECHELMEYER
ABSENT: BROWN
DISPOSITION: A request for a 120 square foot building coverage variance to the 600 square
foot maximum building coverage requirement for a detached garage in this zone district was
approved.
ADOPTED and made effective this 22nd day of April, 1999.
L A MAURO, Chairman
card of Adjustment
Ann Lazzeri, Secre a
tary
Board of Adjustment
Board of Adjustment Page 2
04/22/99
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Whet Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of wheat Ridge, County of Wheat Ridge,
County of Jefferson, State of Colorado, on the 22nd day of April, 1999.
CASE NO: WA-99-10 (B)
APPLICANT'S NAME: Gordon Hinshaw
LOCATION: 4045 Upham Street
Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-99-10 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 RESOLVEDd that Board of Adjustment Application Case No.
WA-99-10 (B) be, and hereby is, approved.
TYPE OF VARIANCE: A variance to Section 26-30(N) that requires a hard surface driveway
for a detached garage for a property zoned Residential-Three.
FOR THE FOLLOWING REASONS:
The existing 9-foot gate would need to be widened.
2. The gravel driveway currently exists and staff has not received any complaints regarding
the use or condition of the driveway.
3. Installation of a hard surface driveway of this length would be costly and require removal
of nine trees and an existing sprinkler system.
4. Due to the 66-foot width of this property, a 20-foot driveway would cover one-third of the
property.
A paved driveway would be considered out of character for this property.
Board of Adjustment Page 1
04/22/99
Board of Adjustment
Resolution WA 99-10 (B)
Page (2)
WITH THE FOLLOWING CONDITIONS:
A minimum of fifteen feet from the curb into the property shall be paved to a width of 9
feet.
2. Existing bushes at the driveway street interface shall be trimmed to the 42-inch maximum
height for the site triangle.
VOTE: YES: ABBOTT, ECHELMEYER HOVLAND, HOWARD,
JUNKER, MAURO, THIESSEN
ABSENT: BROWN
DISPOSITION: A request for a variance to Section 26-30(l) that requires a hard surface
driveway for a detached garage for a property zoned Residential-Three was approved.
ADOPTED and made effective this 22nd day of April, 1999.
DA MAURO, Chairman
Board of Adjustment
Ann Lazzeri, Secretary
`
Board of Adjustment
Board of Adjustment
04/22/99
Page 2
With the following conditions:
This variance shall remain in force only as long as the property remains zoned
agricultural.
2. This variance is for an open mesh wire fence and would not allow for a solid
fence or modification of this existing open wire fence.
The motion passed by a vote of 7-0 with Board Member BROWN absent.
C. Case No. WA-99-10 - An application by Gordon Hinshaw for approval of a 120-square
foot variance from the 600-square foot maximum detached garage requirement to build a
24' x 30' garage and a waiver from Section 26-30(N) which requires a 20-foot wide and
25-foot long paved driveway. Said property is zoned R-3 and located at 4045 Upham
Street.
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 Chair MAURO. In conclusion, Mr. McCartney stated that staff was
recommending denial of the 120-square foot building coverage variance, but
recommended approval of the request for a waiver from Section 26-30(N).
Board Member HOVLAND asked if the 600 square foot maximum for a detached garage
is standard. Mr. McCartney replied that it is standard and that the 20 feet width is
required by code. He also noted that staff believes the present gravel driveway could
exist as it is because 20x25 foot concrete would be out of scale and out of character for
the neighborhood.
In response to a question from Board Member THIESSEN, Mr. McCartney replied that
staff did not believe there was a hardship associated with the request for a 720-square foot
garage.
Gordon Hinshaw
4045 Upham Street
Mr. Hinshaw was sworn in by Chair MAURO. He stated that, in addition to storage for
his cars, he wanted space for woodworking tools and additional storage since his house
contains only 1600 square feet. He did not believe it would be a detriment to the
neighborhood because his house is located between two apartment buildings and is
backed up against the Safeway store. He noted that he could have requested an
administrative variance which would allow him to build a 660 square foot garage. He is
only asking for an extra 3.5 feet over what an administrative variance would allow.
Board of Adjustment Page
04/22/99
Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-09 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-
09 be, and hereby is, approved.
Type of Variance: A one-foot fence height variance from the four-foot fence height
requirement to allow for a five-foot fence in the minimum front yard setback.
For the Following Reasons:
The property in question is located in an area that remains semi-agricultural.
2. The applicant has been using this property for growing pumpkins, corn and other
crops for a number of years and lately has been having problem with vandalism to
his crop before it can be sold. The variance would allow for some additional
protection from these outside effects.
The applicant has built a fence that is open wire similar to chain link construction
which will allow for more than adequate visibility. The property is not on a
corner and the fence is not located within the site triangle. Therefore, approval of
this request should not be detrimental to the public's welfare or injurious to other
property improvements.
4. The fence is primarily constructed of a material similar to chain link, therefore
approval of this variance will not impair the view plane of adjacent properties or
passers-by.
The loss of additional land caused by building the fence at a thirty-foot setback
would cost the use of valuable agricultural land.
Board of Adjustment Page 5
04/22/99
Board member THIESSEN commented that since this is an odd-shaped property located
between two apartment buildings and a Safeway store and also has a privacy fence, she
didn't think it would affect anyone else in the neighborhood.
Board Member ABBOTT asked the width of the present gate. Mr. Hinshaw replied that
it was nine feet in width.
Board Member HOVLAND asked Mr. Hinshaw to explain the hardship associated with
his request. .
Mr. Hinshaw replied that his lot is almost a half-acre which is rare for a R-3 zoning. His
property is very narrow and deep and he is not asking for much more than the 660 feet
which would be allowed under an administrative variance. He stated that he believes his
location is a hardship.
In response to a question from Board Member HOWARD, he replied that he does not
plan to put a hip roof on his garage.
In response to a question from Board Member ABBOTT, Mr. Hinshaw stated that the
proposed structure would match the house exterior in materials and color.
In response to a request from Board Member HOVLAND, Mr. McCartney reviewed the
administrative variance procedure.
Upon a motion by Board Member ABBOTT and second by Board Member THIESSEN,
the following resolution was stated.
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-10 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-
10 be, and hereby is, approved.
Board of Adjustment
04/22/99
Type of Variance: A 120 square foot building coverage variance to the 600 square foot
maximum building coverage requirement for a detached garage in this zone district.
For the following reasons:
A detached garage that is built to code would measure 24 x 25 feet (or
600 square feet). The Board believes the additional five feet in width will not be
noticeable because the property is so large that the structure will occur 157 feet
back from the property line and the property is heavily planted with mature trees.
2. Building possibilities on this oversized lot are being restricted to building
dimensions applied to much smaller lots; therefore, a hardship related to fair use
of the total property is created for the property owner.
With the following conditions:
The garage structure may be one-story maximum with a 6 and 12 maximum pitch
roof.
2. The exterior siding and roofing materials shall be similar to the house as described
to the Board by the applicant.
Board Member ECHELMEYER stated that he would vote in opposition to the motion
because rules and regulations have been established by elected officials and staff which
are designed to be of benefit to the entire community and not one or two people.
Board Member THIESSEN stated that she would vote in favor of the motion because of
the odd size of the property and the fact that the garage will not be visible. Further, the
purpose of the Board to is to consider variances to the established rules and regulations to
keep properties in character with the surrounding neighborhood and this request is in line
with the intent and purpose of the code.
Board Member ABBOTT stated that ordinances are written to address base line
situations; however, it is recognized that certain irregular situations must be addressed by
the Board of Adjustment. Because the structure will be set back so far from the front of
the property and will be screened by the trees, he is in favor of the variance. It will not
have a negative impact on the neighbors. He noted that an attached garage could be
constructed to the size of 3,000 square feet and the applicant would still have the right to
build an additional 600 square foot detached garage.
The motion, passed by a vote of 6-1 with Board Member ECHELMEYER voting no and
Board Member BROWN absent.
Board of Adjustment Page 8
04/22/99
Chair MAURO advised the applicant that the variance was approved.
Upon a motion by Board Member ABBOTT the following resolution was stated:
(There was no second to this motion)
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-10 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-
10 be, and hereby is, approved.
Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway
for a detached garage for a property zoned Residential-Three.
For the following reasons:
The existing 9-foot gate would need to be widened.
2. - The gravel driveway currently exists and staff has not received any complaints
regarding the use or condition of the driveway.
3. Installation of a hard surface driveway of this length would be costly and require
the removal of nine existing trees and an existing sprinkler system.
4 Due to the 66-foot width of this property, a 20-foot driveway would cover one-
third of the property.
5. A paved driveway could be considered out of character for this property.
With the following condition:
Twenty-five feet from the curb into the property shall be paved to a width of 9
feet.
Board of Adjustment Page 9
04/22/99
2. Existing bushes at the driveway-street interface shall be trimmed to the 42-inch
maximum height within the site triangle.
Mr. Hinshaw stated that if he is required to pave 25 feet of the driveway he will not build
the garage at all.
Board Member ABBOTT explained that the reason he placed this condition because
pavement is required to prevent gravel from being dragged into the street.
Board Member HOWARD asked if the site triangle needed to be addressed in the motion
because the fence is six inches above designated site triangle height. Mr. Hinshaw stated
that the fence was approved by the city when he received his building permit three years
ago. Mr. McCartney stated that the site triangle was reviewed at the time the building
permit was issued and the fence would therefore be in compliance; however, the height of
the shrubbery may have to be lowered.
Board Member ECHELMEYER stated that he felt the applicant should be allowed to
keep the entire length of the graveled driveway.
Board Member ABBOTT withdrew his motion.
Upon a motion by Board Member ECHELMEYER and second by Board Member
THIESSEN, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-10 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-
10 be, and hereby is, approved.
Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway
for a detached garage for a property zoned Residential-Three.
Board of Adjustment Page 10
04/22/99
'For the following reasons:
The existing 9-foot gate would need to be widened.
2. The gravel driveway currently exists and staff has not received any complaints
regarding the use or condition of the driveway.
3. Installation of a hard surface driveway of this length would be costly and require
the removal of nine existing trees and an existing sprinkler system.
4. Due to the 66-foot width of this property, a 20-foot driveway would cover one-
third of the property.
5. A paved driveway could be considered out of character for this property.
With the following condition:
Existing bushes at the driveway-street interface shall be trimmed to the 42-inch
maximum height for the site triangle.
Board Member ABBOTT stated that he would vote against the motion for previously
stated reasons.
The motion failed by 4-3, with Board Members ABBOTT, HOWARD and HOVLAND
voting no and Board Member BROWN absent.
Upon a motion by Board Member ABBOTT and second by Board Member HOWARD,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-10 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-
10 be, and hereby is, approved.
Board of Adjustment Page 11
04/22/99
Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway
for a detached garage for a property zoned Residential-Three.
For the following reasons:
The existing 9-foot gate would need to be widened.
2. The gravel driveway currently exists and staff has not received any complaints
regarding the use or condition of the driveway.
Installation of a hard surface driveway of this length would be costly and require
removal of nine trees and an existing sprinkler system.
4. Due to the 66-foot width of this property, a 20-foot driveway would cover one-
third of the property.
A paved driveway would be considered out of character for this property.
With the following conditions:
A minimum of fifteen feet from the curb into the property shall be paved to a
width of 9 feet.
2. Existing bushes at the driveway street interface shall be trimmed to the 42-inch
maximum height for the site triangle.
In response to a request for clarification from Board Member ECHELMEYER, Mr.
McCartney stated that the paving could consist of asphalt.
The motion passed by a vote of 7-0, with Board Member BROWN absent.
Chair MAURO advised the applicant that his request had been approved.
5. CLOSE THE PUBLIC HEARING
Vice Chair ABBOTT declared the public hearing to be closed.
6. OLD BUSINESS
There was no old business to discuss.
Board of Adjustment Page 12
04/22/99
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING:
April 22, 1999
DATE PREPARED:
April 14, 1999
CASE NO. & NAME:
WA-99-10/ Hinshaw
CASE MANAGER:
Sean McCartney
ACTION REQUESTED: Request for a 120 square foot building coverage variance to the 600 square
foot maximum building coverage requirement for a detached garage, and a
waiver from Sect 26-30(N) that requires a hard surface driveway.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT:
4045 Upham Street
Gordon Hinshaw
4045 Upham Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER:
Same
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
20,460 square feet
Residential-Three
Single-family residential
N:, S: and E: Residential-Three, and
W: Planned Commercial Development and
Commercial-One
N:, S: and E: Single-family and Multi-family
residential, and W: Commercial retail
DATE PUBLISHED: April 2, 1999
DATE POSTED: . April 7, 1999
DATED LEGAL NOTICES SENT: March 31, 1999
ENTER INTO RECORD:
O COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIAL
(X) ZONING ORDINANCE O SLIDES
O SUBDIVISION REGULATIONS (X) EXHIBITS
O 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.
L REQUEST
The applicant is requesting a 120 square foot building coverage variance to the 600 square foot
maximum building coverage requirement for a detached garage and a waiver from Section 26-30(l)
which requires a 20' wide hard-surface driveway.
The applicant has stated that he is seeking the 120 square foot variance to allow for the construction of a
24'X 30' detached garage on the east side of his existing residence. The garage would act as both a two-
car enclosed parking area and a workshop. A detached garage that is built to code would measure 24' X
25' or 600 square feet. The applicant believes the additional 5' in width will not be noticed because the
property is so large.
The applicant is also requesting a waiver from Section 26-30(N) of the Wheat Ridge Code of Laws.
This section requires that a 20'wide by 25' deep concrete or asphalt driveway must be installed during
the construction of any new garage structures in the city. The applicant has stated that due to the 66'
width of his property, a 20' wide driveway would cover 1/3 of his property and would require the
displacement of some existing trees and a sprinkler system. The driveway would also be out of
character for the property in that the garage would be located approximately 157' from Upham Street and
a 25' long concrete driveway would look unsightly and unfinished. Only the ls` 25' from edge of
pavement has to be paved. The remainder of the driveway can be gravel.
To date, staff has not received any opposition regarding this request.
II. SITE PLAN
The property in question is located on the west side of Upham Street, and is 66' wide and 310' deep. The
western property line abuts the Safeway Marketplace commercial development and has multi-family
structures to the north and south.
The property is predominately flat, but is very narrow. However, it should be noted that a single-family
structure, located in the Residential-Three zone district, has a minimum lot width of 60'. Therefore, the
property does not have a substandard lot width.
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 applicant may still construct a 600 square foot detached garage,
but would be required to install a 500 square foot hard surfaced driveway. The installation of the
hard surfaced driveway would be more costly to the applicant being that he would have to
remove some existing trees and relocate an existing sprinkler system.
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. There are other properties along Upham Street which currently have gravel driveways, in
fact the property in question currently has a gravel driveway. However, there aren't any other
properties, within the immediate neighborhood, which have received variances to allow for larger
garages. Approval of the garage variance may alter the essential character of the locality.
4. Would the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as distinguished
from a mere inconvenience if the strict letter of the regulations were carried out?
No. Although the property is only 66'm width, the minimum lot width requirement for single-
family properties in the Residential-Three zone district is 60'. Therefore, the existing physical
condition of the property does not result in a particular hardship.
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 variation is to allow for a larger garage space and to waive the need for a
hard-surfaced driveway. Therefore, the purpose of the variation is based on convenience and not
to make money out of the property. The waiver request is based on trying to save money so that
the applicant does not have to relocate an existing sprinkler system.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The applicant could legally construct a 24'X 25' detached garage without the need of a
variance. A standard two-car garage measures approximately 20'X 20'.
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. The property in question is currently 310' in length, and is surrounded by multi-family
Board of Adjustment Page 3
WA-99-10/Hinshaw
apartment buildings. The detached garage is proposed to be located approximately 157' from
Upham Street, and will comply with the established side yard setbacks. Therefore, approval of
this request should not be a detriment to the public's welfare, nor injurious to other property
improvements within the neighborhood.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
No. Because the proposed structure will comply with all established setbacks, and the gravel
driveway currently exists on the property, approval of this request should not impair the adequate
supply of light and air to the adjacent properties, increase the danger of fire, nor increase the
congestion in the public streets.
10. If it is found in criteria 8 and 9 above that granting of the variation would not be
detrimental or injurious to other property or improvements in the neighborhood, and it is
also found that public health and safety, public facilities and surrounding property values
would not be diminished or impaired, then would the granting of the variance result in a
benefit or contribution to the neighborhood or the community as distinguished from an
individual benefit on the part of the applicant, or would granting of the variance result in a
reasonable accommodation of a person with disabilities?
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, staff found that aside from the extreme depth of the property, there
aren't any other hardships which exist that would warrant approval of this request. The property is
currently 66' in width, which is considered standard for single-family residential lots in the Residential-
Three zone district. However, if the applicant could construct a detached garage that would comply with
the maximum building coverage permitted, staff believes that approval of the driveway waiver should
not be a detrimental impact on the neighborhood. Therefore, staff recommends DENIAL of the 120
square foot building coverage variance, but recommends APPROVAL of the request for a waiver from
Section 26-30(1).
Staff recommends that two motions be made for the individual requests.
V. RECOMMENDED MOTIONS
MAXIMUM BUILDING COVERAGE VARIANCE
Board of Adjustment Page 4
WA-99-10/Hinshaw
Option A: "I move that Case No. WA-99-10, a request of a 120 square foot building coverage variance
to the 600 square foot maximum building coverage requirement for a detached garage for a property
zoned Residential-Three and located at 4045 Upham Street, be APPROVED for the following reasons:
1. Approval of this request will not be detrimental to the public's welfare.
2. Approval of this request should not alter the essential character of the locality."
Option B: "I move that Case No. WA-99-10, a request of a 120 square foot building coverage variance
to the 600 square foot maximum building coverage requirement for a detached garage for a property
zoned Residential-Three and located at 4045 Upham Street, be DENIED for the following reasons:
1. Staff could not attribute any hardships to this case that would require the applicant to
have a larger detached garage.
2. The applicant could construct a 600 square foot structure that could adequately support
the intended use of the garage."
VARIANCE TO SECTION 26-30(1)
Option A: "I move that Case No. WA-99-10, a request of a waiver from Sect 26-30(1\1) that requires a
hard surface driveway for a detached garage for a property zoned Residential-Three and located at 4045
Upham Street, be APPROVED for the following reasons:
1. The gravel driveway currently exists and staff has not received any complaints regarding
the use or condition of the driveway.
2. Installation of a hard-surface driveway would be costly and require the removal of nine
existing trees and an existing sprinkler system."
Option B: "I move that Case No. WA-99-10, a request of a waiver from Sect 26-30(1) that requires a
hard surface driveway for a detached garage for a property zoned Residential-Three and located at 4045
Upham Street, be DENIED for the following reasons:
1."
L:\McCamiey\case fi1es\wa9910.wpd
Board of Adjustment - Page 5
WA-99-10/limshaw
OFFICIAL ® AREA REQUIRING SITE PLAN APPROVAL SE 25
ZONING MAF -ZONE DISTRICT BOUNDRY
N I IllE A T R I D (3E -PARCEL/LOT BOUNDRY 'ATM
O b KO 'JO] fro IM
COLORADO DESIGNATES OWNERSHIP)
MAP ADOPTED: June 15, 1994 -
Last Revision: January 13, 1995
DENOTES MULTIPLE ADDRESSES SCALE 1"-400
•
DEPARfT87f OF PL.Atf8M6 AND DE49..OPPBff - 295--2852
I
Gordon Hinshaw
4045 Upham Street
EXPLANATION OF REQUEST FOR VARIANCE
We are requesting a variance to build a garage that is 24 feet
by 30 feet. The reasons for the additional 120 square feet are as
follows:
1. It would allow us to keep two cars in the garage and still have
work and storage space.
2. Several realtors have told us that an "oversized" 24x30 garage
would increase our property value more than a standard two car
garage.
3. The additional 120 square feet would only increase the total
length 5 feet more than allowed and 3 1/2 feet more than a
administrative variance.
4. We have almost 1/2 acre, plenty of room to accommodate the
additional square footage.
We are also requesting a variance to waive the requirement for
residential properties to pave 25 feet from street at a width of 20
feet. The reasons for the requested waiver are as follows;
1. The dimensions of our property are 66 feet wide and 310 feet
long, extremely long and narrow. To comply with the code, the
driveway would be 1/3 the width of our yard which would look
unsightly.
2. Since the garage would be 157 feet from Upham Street, having
only the first 20x25 feet paved would again look unsightly.
3. To comply with the 20 feet width would require removal of an
existing fence, cutting down 9 trees, and replacing an existing
sprinkler system.
4. It is cost prohibitive for us to spend thousands of dollars to
meet this code.
Finally, we are trying to make our property more usable,
attractive and desirable, for ourselves, our neighborhood and
future owners. We believe both of these variances are reasonable
requests for this property which is in between apartment complexes
and borders the Safeway market place.
PLD7
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Recorded at o'clock _M.,
Reeeptioo No. - Recorder.
WARRANTY DEED
THIS DEED, Made this 24TH day of FEBRUARY, 1993 between
JOAN W. MINSHALL
of the County of JEFFERSON and State of COLORADO, grantor, and
GORDON W. HINSHAW'and ANNE C. HINSHAW
whose legal address is 4045 UPHAM STREET,
WHEAT RIDGE, COLORADO 80033
of the County of JEFFERSON and State of COLORADO, grantees:
WITNESS, that the grantor, for and in consideration of the rum of SEVEN'
($75,000.00), the receipt and sufficiency of which is hereby acknowledged, has
presents does grant, bargain, sell, convey and confirm unto the grantees, their heir
m joint tenancy, all the real property, together with improvements, if any, situate,
State of Colorado, described as follow.:
ID AND 001100ths DOLLAR'S, 1~ 1
sold and conveyed, and by these / I
not in teeaocy in common but
e County of JEFFERSON, and
THE NORTH ONE-HALF OF THE NORTH ONE ACRE OF THE SOUTH 3 ACRES, EXCEPT ANY
PORTION LYING WITHIN ROADWAY CONVEYED TO THE COUNTY OF JEFFERSONJN BOOK
270 AT PAGE 543 OF THE WEST 112 OF NORTHEAST 114 OF THE SOUTHWEST 114 OF
THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE
6TH P.M.,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
also known by street and number as 4045 UPHAM STREET, WHEAT RIDGE, COLORADO 88033
TOGETHER with all and singular the hereditaments and appurtenances thercunto belonging, or in anywise appertaining and the
reversion and rcveraions, remainder and remainders, rents, issues and profits thereof, and all the catme, right, title, interest, claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditsments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs
and assigns forever. And the grantor, for himself, his hews and personal representatives, does covenant, grant, bargain and agree to and
with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inhentance, in law, in fee simple, and has good right, full
power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear
from all former and other grants, bargains, out., liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
soever, except for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and
rightsm4way of record, if any,
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession
of the grantees, their heirs and assign,, against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plum], the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the dates forth above.
STATE OF COLORADO
COUNTY OF $CFTt5?ZS 0J
The foregoing instrument was acknowledged before me this 24TIl day of FEBRUARY, 1993 by JOIIN W. MINSIIALL
n9 0 RECEPTION NO. 93026422 50
My commission expires: (o 3-7 - 96 _ Witness my he and official 1
O ✓ i `
f€'f,,,t ~ : m ~ LL : Hoary Public
Cot Y 1 -
3/01/93 14:30
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
U2. 24. U3 L14 f 4UPM MMUacacAY tNf.:LCrrvvu
cfc
SURU~~L' of
I..y ,
P e SQUARED, INC.
7731 South Estes Sheet
Utaek n. Cotando 80123
973.2244
~I~~{S ~PL~~arnst.
EASEMFNTS PER PLAT UNLESS
On"Wl$E N07FD.
310.0
310.0
ao.a
Yd~
10, m
IMPROVEMENT LOCATION CERTIFICATE
I busby enbq tlral ob Nnpenmenl 10"Bm Nplab pelxW Im em a* and euMM Imo a JY UUaL-IIMKMSGCy
_ eb bgm,emM1 Ioallen blue heed an An peblMr IWXd"d MAJUMEVU reoee6U-SY =IBS M WVRIBCD-A W
. I bed. ewNj Bal dr ktwweerwe woo ebp.. eeeeW peal m to dm.
FIR Id_, see . eecep ydmy a,.,,d'gn, w mmny WII4rr ere b}uWlla pl pre gnat, s¢epl a flown, em dw,e w m mma.d'.rea open W
dseemad prendeee by beppverrwrrY en M edjdrrhp pmNUa, eacw a Irv 'e' and"dwe 4 m Mdewe a ft. .1 eny n.nnenl npdwpa n WmaNrp
",ry pan aladd pawl, wapa mld.lice Mprmnn"nl harm anikw may roK and lWd, be mddneda eM,n New Wed "Wna bI Munch
.f ew mbim papMY a m W.Owte w ..Is were al Imam old pop". M do n,e medc lme abdg w &%A. 11" b poratnrd Inr m fi d
e mess b the.. of the Inds, F. 1. p qry eny end Is sal b be epedvp 1 beating knca rme a Wm mw Fipevvm u. DA Pupae el Ihw Im bo om
balim addiab b to bate hpwa neb span bed pmprdy anaa flrpw any Mane eannpa p tmA"Wemme the kn resra botba adtllab dam
pmp,pM be Wqh ere bmweq" al able pmpWy.
LEGAL DESCRIPTION SCALE: I"w 9O'
N9 N. pn OF TIE Al. we AtAt Or THE !.0 ACAE-t' UcePr ' - I~ - 93
A.y roAnw WIN& "MIM ROAMAy OM;cyrn m o OB'
7~56n, 19 u, M AT rApe $yd W Tee W. "z eru ei 4095 UPHAM SL
or TNL au ye or mle sw rd be sarm'.a, Tewdalr A;
Aneae MM ar las 6- AK., 7EFFeASM Cowry, W. WHEATKIDGE, COLORADO
NOTE: wr WITHIN FLOOD PLAIN
ZONE: 6 COMMUNILV+! 096075
MAP# noose DAZE: a-4-x8 [HWSRAW,
i
J
NOTICE OF PUBLIC HEARING
-Notice is hereby-given thava Public Hearing" is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on April 22, 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:
Case No. WA-99-10: An application by Gordon Hinshaw for approval of a 120 square
foot variance from the 600 square foot maximum detached garage requirement to build a
24'x 30' garage and a waiver from Section 26-30 (N) which requires a 20' wide and 25'
long paved driveway. Said property is zoned R-3 and located at 4045 Upham Street.
Barbara Delgadillo, Recor ' g Secretary
ATTEST:
Wanda Sang, City Clerl
To be Published: Rocky Mountain News
Date: April 5, 1999
C:%Barb=\BOA\PUBHRGSX990422a2.wpd
ne City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
9R.idge
April 2, 1999
Dear Property Owner:
This is to inform you that Case No. WA-99-10 which is a request for approval to allow a 120
square foot variance from the 600 square foot maximum detached garage requirement to build a
24'x 30' garage and a waiver from Section 26-30 (N) which requires a 20' wide and 25' long
paved driveway for the property located at 4045 Upham Street 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 April 22, 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 parry, 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\130A\PUBHRGS\wa99I Ocertmpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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o, WHEgI LAND USE CASE PROCESSING APPLICATION ~f WHEgI
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Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone(303)235-2546 cRa~°
Please print or type all information)
1
Applicant L,04 t Ft~ ~5i~✓a1~ Address L40q 5'_QP t-a-N.,A ST Phone L4 3I' 95-2 ~
City tn~4T Q_\Qb(nE
Owner Gok~ ) lr~[QS\AANW Address yoLl S V Pt nl% S i Phone `~3l " 9 S23
City W k ~~4T qz(!~~Gz
Location of request (address) V pt~A S i
Type of action requested (check one or more of the actions liste
d below which pertain to your request.)
❑ Change of zone or zone conditions
Variance / Waiver
❑ Site development plan approval
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
I~J Subdivision (More than 5 lots) ❑
Street Vacation
❑ Preliminary ❑ Final ❑
Other:
Detailed description of the request:
Q-I:-: Uc '
Fill out the following information to the best of your knowledge.
Current Zoning: ez-3
Size of Lot (acres or square footage): O
Currentuse: S~tJ~te AAAIL V2ESt EOCc
Proposed use: AA^E
Assessors Parcel Number:
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge-
and that in filing this application, I am. acting with the knowledge and consent of those persons listed above,'
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power-of- ttorney from the owner which approved of this action on his behalf.
Signature of Applicant
Subscribed d sw rn to e thisd
ay fT9
A
A
/
-
Notary blic
My commission expires
Date received .313) Receipt No. 5Z2 Case No. -1
Related Case No. 7 oning A!L3 Quarter Section Map566o 3
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Case No.:
A9910
Quarter Section Map No.:
IEM
App: Last Name:
Hinshaw
Related Cases:
_
None _
App: First Name:
Gordon
Case History:
Request variances as
Owner: Last Name:
ame
follows: 1 120' variance
_
from the 600sf per unit
Owner: First Name:
maximum detached garage
App Address:
045 Upham Street
Review Body:
City, State Zip:
heat Ridge
App: Phone:
303431-9523
APN:
l~
1
Owner Address:
Fame
2nd Review Body:
City/State/Zip:
2nd Review Date:
Owner Phone:
Decision-making Body:
Board of Adjustment
Project Address:
045
Approval/Denial Date:
5/2711999
Street Name:
U ham Street
City/State, Zip:
Reso/Ordinance No.:
es
Case Disposition: pproved 77
Conditions of Approval:
Resolution A: 1) The
garage structure may be
one-story maximum with a
6 and 12 maximum pitch I
Project Planner:
McCartney
File Location:
Closed
Notes:
J
Follow-Up:
District: II
Date Received:
Pre-App Date: