HomeMy WebLinkAboutWA-99-147500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
Telephone 303/ 237-6944
FAX 303/234-5924
June 2, 1999
Sandra Thompson
3319 Raleigh St.
Denver, CO
RE: WA-99-14
Dear Ms. Thompson:
Ridge
Please be advised that at its meeting of May 27, 1999, the Board of Adjustment APPROVED your
request for a variance from the maximum lot coverage area from 25% lot coverage to 30.47% lot
coverage due to handicap accessibility space requirements for the property located at 3231 Oak Street.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, May 27, 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
Senior Secretary
/bd
cc: Kathryne Gault
2870 Wright Court
Lakewood, CO
WA-99-14
C:\13nbna\BOA\CORRESP\wa9914.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 27th day of May, 1999.
CASE NO: WA-99-14
APPLICANT'S NAME: Sandra Thompson
LOCATION: 3231 Oak Street
Upon a motion by Board Member ABBOTT, seconded 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-99-14 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-99-14 be, and hereby is, APPROVED.
TYPE OF VARIANCE: A 5.47% variance from the 25% maximum lot coverage requirement
thereby increasing lot coverage to 30.47% in order to construct a home meeting the handicapped
space requirements.
FOR THE FOLLOWING REASONS:
Approval of this request should not alter the essential character of the locality. As a one-
story design, the visual effect of this oversized dwelling upon the neighborhood would be
minimized in comparison to the very tall two-story houses most common to this
neighborhood. Also, a two-car garage in a three-car garage neighborhood was designed
as a further accommodation to reduce the overall floor plate.
Board of Adjustment
Resolution No. 99-14
Page two (2)
2. Approval of this request would accommodate a person with a handicap. As an
accommodation under the Department of Veteran's Affairs building guidelines, several
building features such as doorways, hallways, garages and bathrooms must be oversized
beyond normal dimensions. Therefore, a dwelling with an enlarged floor plate can result.
Significant efforts have been made by the architect to minimize the floor plate including
designing the exterior ramp structure to blend architecturally into the dwelling front
elevation.
VOTE: Yes: ABBOTT, BROWN, ECHELMEYER, HOWARD,
HOVLAND and MAURO
No: None
Absent: JUNKER and THIESSEN
DISPOSITION: A 5.47% variance from the 25% maximum lot coverage requirement thereby
increasing lot coverage to 30.47% in order to construct a home meeting the handicapped space
requirements was APPROVED.
ADOPTED and made effective this 27th day of May, 1999.
BOB HOWARD, Chair
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
4. There are no apparent variances of this nature within the immediate neighborhood.
The motion for denial passed by a vote of 6-0 with Board Member JUNKER and
THIESSEN absent. Chair HOWARD advised the applicant that the request for variance was
denied.
B. Case No. WA-99-14: An application.by Sandra Thompson for approval of a 5.47%
variance from the 25% maximum lot coverage requirement thereby increasing lot coverage
to 30.47% in order to construct a home meeting the handicapped space requirements. The
property is located at 3231 Oak Street and zoned R-1 and is owned by Jim and Kathryne
Gault.
The case was presented by Sean McCartney. He distributed copies of information to
members of the Board concerning the owner's medical disabilities and VA requirements for
house construction. 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.
Mr_ McCartney explained that the applicantrlid-receive an administrative variance to allow
for a 3,474 square-foot lot coverage. The difference between the administrative variance and
the proposed request is 368 feet which could be addressed with minor changes to the
proposed floor plan and, therefore, staff recommended denial of the request.
Sandra Thompson
3319 Raleigh Street, Denver
Ms. Thompson, architect for Mr. and Mrs. Gault, was sworn in by Chair HOWARD. She
stated that the house was designed to meet the needs of Mr. Gault, who is handicapped. She
reviewed the floor plan for the proposed dwelling. The floor plan meets the requirements for
VA assistance such as wider hallways, larger bathrooms and handicapped access to the
home. She explained that when she originally submitted the plans and requested an
administrative variance, there was an error in the actual lot coverage. The lot has since been
surveyed to determine the correct lot coverage. She noted that there are other houses in the
neighborhood that have received variances for physical disability accommodation.
Board Member ABBOTT asked if there would be significant reduction in the square footage
of the house if the plans included normal sized hallways, bathrooms, etc. Ms. Thompson
replied that there would be no need for a variance in that case because there would be
approximately 35% less space in terms of circulation. She noted that the 2-1/2 car garage
also reduces the lot coverage.
Board of Adjustment Page 5
05/27/99
Kathryne Gault
2570 Wright Court
Ms. Gault was sworn in by Chair HOWARD. She stated that the proposed house is
designed to meet the needs of her husband's disability and allow her to care for him at home.
She explained that, because her husband has a 100% disability, he is entitled to a grant from
the VA toward construction of a house that has handicapped features.
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-99-14 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-99-14
be, and hereby is, approved.
Type of Variance: A 5.47% variance from the 25% maximum lot coverage requirement
thereby increasing lot coverage to 30.47% in order to construct a home meeting the
handicapped space requirements.
For the Following Reasons:
1 Approval of this request should not alter the essential character of the locality. As a
one-story design, the visual effect of this oversized dwelling upon the neighborhood
would be minimized in comparison to the very tall two-story houses most common
to this neighborhood. Also, a two-car garage in a three-car garage neighborhood was
designed as a further accommodation to reduce the overall floor plate.
2. Approval of this request would accommodate a person with a handicap. As an
accommodation under the Department of Veteran's Affairs building guidelines,
several building features such as doorways, hallways, garages and bathrooms must
be oversized beyond normal dimensions. Therefore, a dwelling with an enlarged
floor plate can result. Significant efforts have been made by the architect to
minimize the floor plate including designing the exterior ramp structure to blend
architecturally into the dwelling front elevation.
Board of Adjustment Page 6
05/27/99
The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent.
Chair HOWARD informed the applicant that the variance request had been approved.
(Chair HOWARD declared a brief recess at 9:05 p.m. The meeting was reconvened at 9:10
P.M.)
C. Case No. TUP 99-03 - An application by Sandra Thompson for approval of a temporary use
permit to allow recreational vehicle sales on land with C-1 zoning: Restricted Use: RV's
and boat storage only. Said property is located at 11808 West 44th Avenue.
The case was presented by Sean McCartney. He distributed copies of the site plan to Board
members. He reviewed the staff report, presented slides and overhead projections of the
subject property; and answered the criteria used in considering a temporary use permit. All
pertinent documents were entered into the record. In conclusion, he stated that staff's
recommendation was for approval of the temporary use permit for a period of one year.
In response to a question from Chair HOWARD, Mr. McCartney explained that approval of
the TUP would allow sales- on parcel B which presently allows storage only.
Board Member ECHELMEYER asked if there had been any problems with odor from the
detention pond on the area. Mr. McCartney replied that the city has not received any
complaints in this regard.
Board Member ABBOTT asked for clarification regarding lighting on the property. Mr.
McCartney explained that lighting on the property would remain unchanged. He also noted
that the city has not received any complaints concerning the current lighting.
Sandra Thompson
3319 Raleigh Street, Denver
Ms. Thompson, architect for the owner, was sworn in by Chair HOWARD. She stated that
Mr. Sach, the owner, wanted to change the zoning on parcel B to allow for RV sales.
Although the neighbors have no problem with Mr. Sach's business, they were opposed to the
rezone because they were concerned about what could happen to the land with future
owners. In order to allow for RV sales on the parcel B portion of his lot, he is requesting a
TUP. Storage would also continue on a portion of parcel B.
Harry Sach
11808 West 44th Avenue
Mr. Sach, owner of the subject property, was sworn in by Chair HOWARD. He stated that
parcel B is presently used for storage and he is requesting the TUP to allow sales on a
portion of this parcel.
Board of Adjustment Page 7
05/27/99
PUBLIC HEARING SPEAKERS' LIST
CASE NO: WA 99-14 DATE: May 27, 1999
REQUEST
Sandra Thompson - 3231 Oak Street
(PLEASE PRINT)
Speaker Name Address/Phone In Favor / opposed
~C.4~//19.✓ (s.a q i o2 17 J 44e-zx 7 C7' 3 B 3 -1 3 3' S 2 f' ~'7 ✓ v •Z
II
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: May 27, 1999
DATE PREPARED: May 20, 1999
CASE NO. & NAME: WA-99-14/ Thompson CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for a 5.47% lot coverage variance to the 25% maximum lot
coverage requirement.
LOCATION OF REQUEST: 3231 Oak Street
NAME & ADDRESS OF APPLICANT: Sandra Thompson
3319 Raleigh Street
Denver, CO 800
NAME & ADDRESS OF OWNER: Jim and Kathryne Gault
2870 Wright Court
Lakewood, CO 80215
APPROXIMATE AREA:
12,634 square feet
PRESENT ZONING:
Residential-One
PRESENT LAND USE:
Vacant lot
SURROUNDING ZONING:
N:, W:, S: and E: Residential-One
SURROUNDING LAND USE:
N:, W:, S: and E: Single-family
DATE PUBLISHED:
May 7, 1999
DATE POSTED:
May 12, 1999
DATED LEGAL NOTICES SENT:
May 5, 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.
6-1
I. REQUEST
The applicant is requesting approval of a 5.47% lot coverage variance to the 25% maximum lot
coverage requirement to allow for the construction of a 3,842 square foot single-family structure. If
approved, the structure will be 3,842 square feet in size and will cover 30.4% of the 12,634 square
foot lot.
This application was originally brought before staff as an administrative variance to allow for a 10%
minor variance to the 25% maximum lot coverage requirement. The administrative variance was
approved by the Zoning Administrator, Alan White, on . At that time, the applicant submitted a
site plan that showed a lot size of 13,952 square-feet and the 3;842 square foot structure would cover
27.5% of the lot. Upon further review, staff found the proposed site plan did not match the lot size
shown on the final plat approved by City Council. On the final plat, the lot (Lot 27) is shown as
being 12,634 square feet. Therefore, the proposed structure that was designed to cover 27.5% of a
13,952 square foot lot, would now cover 30.4% of the 12,634 square foot lot.
The owner of the property is proposing the larger structure to accommodate her handicapped husband
who requires a ranch style home, nursing care and handicapped accessibility within the single-family
residence. The owner's husband is suffering from Psoriatic Arthritis, a debilitating bone disease, and
Parkinson's Disease. The house is designed to allow for separate master bedroom, a hospital type
restroom with handicap accessible showers, toilet and sink, and 48" hallways. The garage has also
been designed as a 2-'/2 car garage to allow for a van with an elevator lift. The owner will be
supplying the Board with additional information from the Veteran's Administration, who is partly
funding the construction of this structure.
If the request is denied, and with the inclusion of the approved administrative variance of 27.5%, the
owner could legally construct a 3,474 square foot house (368 square feet less than the proposed
request).
To date, staff has not received any formal opposition regarding this case.
II. SITE PLAN
The property in question is located in the Distinctive Addresses Subdivision off of West 32nd and Oak
Street. The property is 12,634 square feet in lot area and is relatively square, except for the southeast
corner of the lot which abuts the cul-de-sac bulb of Oak Street.
The physical topography of the property is relatively flat and allows for adequate building
opportunities. Aside from the lot coverage variance request, the rest of the structure complies with
the required setbacks and height requirements.
III. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
Board of Adjustment
WA-99-14/Thompson
Page 2
4
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 property may yield a reasonable return in service and
income.
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 single-family residences in the neighborhood which have been approved
for lot coverage variances.
4. Would the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were
carried out?
No. The property is relatively flat and square in shape. Also, there aren't any existing
easements that go through the property which would inhibit the design of the structure.
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 a ranch style, single-family structure that would
accommodate a person with a handicap.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The hardship has been created by.the owner, who has interest in the property.
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?
Board of Adjustment
WA-99-14/Thompson
Page 3
6-3
No. The request of the lot coverage variance will only effect the physical size of the structure,
and all other setback and height variances will be complied with. Because of this, approval of
the request should not be detrimental to the public's welfare nor injurious to other
improvements in the area.
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. As previously stated, becausethe request willonly effect the size of the structure, and all
other setback and height requirements will be met, 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 proposed structure is a single-family residence, 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?
Yes. The granting of this request would result in the reasonable accommodation of a person
with disabilities.
IV. STAFF CONCLUSIONS AND RECOMMENDATION
Upon review of the above request, staff found that although the request is intended to accommodate a
person with disabilities, and the structure must be a ranch style home, the owner did previously
receive an administrative variance to allow for a 3,474 square foot structure. This additional request
is intended to allow for the original 3,842 square foot proposed structure to remain drawn without any
revisions. The difference between the administrative variance and the proposed request is 368 square
feet, which could be addressed with minor changes to the proposed floor plan. Therefore, staff
recommends DENIAL.
V. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-99-14, a request of a 5.47% lot coverage variance to the 25%
maximum lot coverage requirement on a property zoned Residential-One and located at 3231 Oak
Street, be DENIED for the following reasons:
Because of a recent approval of an administrative variance, the owner could legally
build a 3,474 square foot structure."
Board of Adjustment
WA-99-14/Thompson
Page 4
Option 13: "I move that Case No. WA-99-14, a request of a 5.47% lot coverage variance to the 25%
maximum lot coverage requirement on a property zoned Residential-One and located at 3231 Oak
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.
3. Approval of this request would accommodate a person with a handicap."
E:\McCartney\case files\wa9914mpd
Board of Adjustment
WA-99-14/Thompson
Page 5
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RECEPTION NO. F0690324 15.05 PG: 0001-001
236 RECORDED IN JEFFERSON COUNTY, COLORRDO 9/09/1998 12:57:25
M A R R A N T Y D E E D '
S I I O-a"' R, Pas
THIS DEED, Node thin 31ST day of AUGUST, 1995 between
Applewood Reserve Venture Rafe,
of the County of Jefferson and S ~~_~l5
State of Colorado, grantor, and
James N. Gault and Kathryn A. Gault
whose legal address is 2870 Wright Court, Lakewood, Colorado 80215
of the County of Jefferson and State of Colorado, grantee,:
WITNESS that the granter for and in Consideration of the sus of NINETY THOUSAND FIVE
HUNDRED AND 00/100, ($90,500.00) Dollars, the receipt and sufficiency of wbich is
hereby acknowledged, has greeted, bargained, void and conveyed, and by these presents
does grant, bargain, sell, convey and confirm auto the grantees, their heirs and
assigns forever, not in tenancy in common but in JOINT TENANCY, all real property,
together With Improvements, if any, sit.ate, lying and being in the County of
Jefferson and State of Colorado, described as follows,
Parcel A: Lot 27, Distinctive Addresses at Applewood, County of Jefferson, State of
Colorado.
also known by street and number as 3231 Oak street, Wheat Ridge, Colorado 80033
TOGETHER with all and singular the herediteaeats and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, is
and to the above bargained premises, with the bareditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, onto the grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and assign., that at the time of the
enameling and delivery of these presents, he is well seised of the premises above
tomvsyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, mall and convey the Game in manner and fors aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
ausemsmeats, encumbrances and rsstrictions of whatever kind or nature *cover, except
general taxes for 1998 and subsequent years; except easementa, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
O ~
Z
o The grantor belland will WARRANT AND FOREVER DEFEND the above-bor aimed promises
r/Sn the quiet and peaceable possession of the grantees, their heirs and assigns,
a against all and every person or persona lawfully claiming the whole or any part
Fo thereof.
The singular number shall include the plural, the plural the singular, and the use
of any gander shall he applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this dead an the date set forth above.
Applewood Reserve Venture,
BY Apt, Distinctive, Ltd., a-Colorado- a Joint Ventura
Limited Par ner hip, joint venturer BY 28AR arrt a„ LLC, joint venturer
Patri oentges, general partner Sr n F. Elken, Ma ager
BY BY
by St hen P. F.lken as Attorney in Fact
STATE OF COLORADO )
} so. The foregoing instrument was acknowledged before
County of Jefferson } me this 31ST day of AUGUST, 1998
by Applewood Reserve Ventures Joint Venture by 28AR Partners, LLC, joint venturer by
Stephen P. Elken, Manager and APA Distinctive, Ltd., a Colorado Limited Partnership,
joint venturer by Patrick Koentges, general partner, by Stephen F. Elken as attorney
in Fact -
Witneee my hand and official seal.
My Commission expires .3-.boo
Q~ -C~ yi~-9
NOTARY FU LIC
3700 E. Alameda Ave Suite 340
Denver, COLORADO 80209 _ y) [)14
i_ P
i/
of NHEgr LAND USE CASE PROCESSING APPLICATION aF wHEgr
o a
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
°ot oRPO~ Phone (303) 235-2846 c~L OR P~~
(Please print or type all information)
Applicant'^IPP4 7HVMP5oN Address "'I 9RW61-f 8j/zr~ Phone 303 ro6~~~/~
City wyyx/ Go
Owner\JiA11i'-kr/~N5 (10'rrLr Address 20709 10-100r COUILT Phone ?'d 5'.
City ~40'p - , GO
Location of request (address) 2 g CD
Type of action requested (check one or more of the actions li
ste
d below which pertain to your request.)
❑ Change of zone or zone conditions
~q
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: to 0
-X
G07 A2Ld lNG b
Awt-;A- FY-061 2'Z05"71
76 I-Ve- 72 30. MOW044P
u
Fill out the following information to the best of your knowledge.
Current Zoning: F- -
29 R ~E~
Size of Lot (acres or square footage): 11,611+
Current use:
Pro
osed use:
p
Assessors Parcel Number:
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 am acting with the knowledge and consent of those persons listed above,
without whose consent the reques d action cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attorney o th ner which approved of this action on his behalf.
Signature of Applican
Subscribed and sworn to me this aC-day of-A*U~_, 19
ca-
m~~~g Ch~q
NotaryPublic
My commission expires
Date received - Receipt No. Case No.
Related Case No.~ Zoning Quarter Section Map
r
NOTICE OF PUBLIC BEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on May "1,1999, u:: 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-99-13: An application by Tall Timbers Construction for approval of a
three (3) foot lot width variance to the 75 foot minimum lot width requirement and a 720
square foot lot area variance to the 9000 square foot minimum lot area requirement to
allow construction of a new residence at 12425 West 29" Avenue. Said property is zoned
R-2.
2. Case No. WA-99-14: An application by Sandra Thompson for approval of a 5.47%
variance from the 25% maximum lot coverage requirement thereby increasing lot
coverage to 30.47% in order to construct a home meeting the handicapped space
requirements. Property is located at 3231 Oak Street and zoned R-l.
3. Case No. TUP-99-03: An application by Sandra Thompson for approval of a temporary
use permit to allow recreational vehicle sales on a land with C-1 zoning: Restricted Use:
RV's and boat storage only. Said property is located at 11808 West 4411 Avenue.
&~L 0,,
Barbara Delgadillo, R ording Secretary
ATTEST:
Wanda Sang, City Clerk .
To be Published: Wheat Ridge Transcript
Date: May 7, 1999
C:\Barbara\BOATUI)HRGS\990527.wpd
The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
GRidge
May 5, 1999
Dear Property Owner:
This is to inform you that Case No. WA-99-14 which is a request for a variance from the
maximum lot coverage area from 25% lot coverage to 30.47% lot coverage due to handicap
accessibility space requirements for the property located at 3231 Oak 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 May 27, 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\wa9914letter.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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May-21-99 09:11A JKGAULT
P_02
Rating Decision
DeparrmewofVereraasAJjairs
Pagel
b
Deaver Regional O we
12131/98
NAME OF VETERAN VArILCNUMOCR
R
POA
I_K GAUL'f
""6;
Disabled American Veicnms
ISSUE:
1. Evaluation of psoriatic arthritis, right foot, psoriatic arthritis, left foot; psoriatic arthritis, right ankle, and
psoriatic arthritis, left ankle.
2. 1?ntitlement to specially adapted housing.
3. Untitlcment to special monthly compensation based on loss of use of both feet.
4. Entitlement to special monthly compensation based on loss of use of both hands and loss of use of both
feet.
5. Entitlement to special monthly compensation based on need for aid and attendance.
6. Eligibility to Dependents' Educational Assistance under 38 U.S.C. chapter 35.
7. Entitlement to automobile and adaptive equipment or for adaptive equipment only.
EVIDENCE:
Letters from Suzanne deRoin of the Denver VA Medical Center (VAMC) received 7-31-98.
Letter from Mr. Valenti of the Denver VAMC dated 7-1-98.
VA examination dated 10-14-98 prepared by Denver VAMC.
VA Form 21-2680 received 1-31-94.
DECISION:
1. Fvaluation of psoriatic arthritis, right foot; psoriatic arthritis, left foot; psoriatic arthritis, right ankle, and
psoriatic arthritis, left ankle, which are currently evaluated separately are now being rated together as 100
percent (for loss of use of both feet) effective June 4, 1998.
2. Entitlement to specialty adapted housing is established.
3. Entitlement to special monthly compensation based on loss of use of both feet is granted effective
June 4, 1998.
4. Entitlement to special monthly compensation based on loss of use of both hands and loss of use of hoth
feet is granted effective June 4, 1998.
5. Entitlement to special monthly compensation based on need for aid and attendance is granted effective
June 4, 1998.
6. Basic eligibility to Dependents' Educational Assistance is established from June 4, 1998.
7. Entitlement to automobile and adaptive equipment or for adaptive equipment only is established.
REASONS AND BASES:
1. The evaluation of psoriatic arthritis, right foot; psoriatic arthritis, left foot; psoriatic arthritis, right ankle,
and psoriatic arthritis, left ankle are now being evaluated together as 100 percent disabling effective
June 4, 1998. An evaluation of 100 percent is assigned for loss of use of both feet. Veteran was previously
rated separately for each of these four disabilities. However, a review of the medical records in veteran's file
May-21-99 09:11A JKGAULT
P_03
Department of Veterans Affairs rays
Rating Decision Denver Regional O tee 12!31198
NAME Ok VA rILE NUMBER SOCIALS URRVNR
J.H. tiAULT Pei
VETERAN Disabled American Veterans
.T-T
now shows that veteran has loss of use of both feet. Therefore, these four conditions will now be evaluated
together as loss of use of both feet and a 100 percent evaluation will be assigned. Mr. Valenti notes in his 7-
1-98 report that veteran has gross deformities in the structure of his feet and that he has fibular deviation of
his toes as well as wasting of the metatarsal heads. Ms. dekoin notes that veteran has been treated by her for
approximately ten years and that veteran has lost the use of his feet. She stated that she has recommended
that veteran stay in a wheelchair. The x-rays she refers to note increased bone resorption and subluxation of
his joints in his feet. Veteran cannot walk well due to the fusion and loss of mobility. His feet are
functionally disabled. She also notes that veteran is not able to propulse or balance because of the psoriatic
arthritis. of his feet. On the VAMC exam, veteran had +2 swelling from the tip of his toes to the pretibial
area. The veteran had direct tenderness on the metatarsal heads of the right big toe and there were calluses.
Both ankles were tender to palpation. His whole foot was tender to palpation including; the tips of his toes,
The veteran had almost no movements in his ankles. The veteran was asked to try to walk and he said that
he could not stand because he would lose his balance. He has been wheelchair bound for a long time and said
that he would rather crawl than walk. The examiner noted that the veteran is wheelchair bound and he has
functionally lost the use of both lower extremities (below the ankles) due to his complications front his
psoriatic arthritis. Veteran filed his claim for special adapted housing; on 6-4-98 and his claim was denied
without the benefit of any current medical evidence. We have considered veteran's 6-4-98 application for
special adapted housing as a claim for increased evaluation for his service connected disabilities. This claim
for increase has not been adjudicated. Therefore, the effective date of the grant of veteran's 100 percent
evaluation is 6-4-98, his date of claim.
2. A certificate of eligibility for assistance in acquiring specially adapted housing under 38 U.S.C. 2101(a)
may be extended when the veteran is permanently disabled as the result of the loss, or loss of use, of both
lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
Entitlement to special housing assistance is established based on this level of impairment which is caused bV
the service-connected condition of psoriatic arthritis of both feet and both ankles. See Reasons and Bases ti
1 above.
3. Entitlement to special monthly compensation is warranted in this case because criteria regarding loss of
use of both feet have been met.
4. Entitlement to special monthly compensation is warranted in this case because criteria regarding loss of
use of both hands and loss of use of both feet have been met.
5. Entitlement to special monthly compensation is warranted in this case because criteria regarding need for
aid and attendance have been met. Veteran is unable to dress himself and he can only feed himself if his
pieces are cut for him.
6. Eligibility to Dependents' Educational Assistance is derived from a veteran who was discharged under
other than dishonorable conditions and has a permanent and total service-connected disability, or a permanent
May-21-99 09:11A JKGAULT
P, 04
C
Department of'ValeranxAffairx Page 3
Rating Decision Denver Re ional0 see 12/31/98
NAME rrA
" v[TEHAN YA GILENUMSbR =ALSKURR NR
llisablo d American Veterans
J.H. GAULT
and total disability was in existence at the time of death; or the veteran died as a result of a service-connected
disability. Basic eligibility to Dependents' Educational Assistance is granted as the evidence shows the
veteran currently has a tonal service-connected disability, permanent in nature.
7. A certificate of eligibility for financial assistance in the purchase of one automobile or other conveyance
and of basic entitlement to necessary adaptive equipment will be made when the veteran has loss
permanent loss of use of one or both feet which is the result of injury or disease incurred or aggravated
during active military service. Entitlement to automobile and adaptive equipment is established based on this
level of impairment.
May-21-99 09:18A JKGAULT
10. Cana veteran use the specialty adapted housing 1
benefit to acquire more then one housing unit? h~
we. The govaming law specdloWly provides that this cl
benefit `shall be limned in the ~ any veteran to one
housing unk and necessary %
if. Is a veteran who obtains a specially adapted
home entitled to exemption from State real estate
taxes?
This depends upon the particular Stale. There are many
states that do provide such rotef from taxes either in
whole or in part . A VA representative will be able to
provide a veteran with more detailed information.
y 12. What ate some of the requirements her specially
j^ adapted housing?
a- At least two ramps suitable for entry and exit. ons 01 the Veteran to
which Shat be located ao as not to e; r es sited
a potential fie hazard. such as Placaxpos w utility roam
passage through a lutchen or germs
comaining heating equipment. Ramps must be
permanently installed, shall be tmetad to prevent slipping
when wet. and to 3" shat not exceed 6 percent. The
minimum width acceptable is 1.07 meters (3 feet 6
inches), and ratings must be provided if the height and
known of to ramp indicate any question of a hazard,
Ramp platorme must be generous m area to stow for
turning the wheelchair and "491144 'Mth Protective
railings t sits height of the platleirm presents a potential
hazard. There shelf be no ddtsnnce in elevation
between the interior floor level and exterior platams.
b. All doorways shall be at least 815 millimeters (36
inches) wide.
c. Hatt shall be a minimum of 122 makre (48 inches).
wide.
d- A garage or tarpon should be of sufficient width to
allow unrestricted wheelchair manouverability alongside
a car.
e. Passageways between the home proper and the
garage on carport should be sheltered to prevent
exposure of the veteran to inclement weather.
f. At least one bathroom convenient to the veteran's
bedroom should comain very generous floor areas
providing tree wheelchair maneuverability, with
placement of all fixtures in a manner permitting kite
veteran unimpeded access to each fixhue. Bathroom
P. 01
flooring material should be nonslip under both wet and
dry conditions. Washbasins of the hung type, rather then
pads". shall be affixed at a height onaNing the
wheelchair to ride below the fixture to allow close
approach for washing Mid shaving convenience.
Washbasin drainpipes should be Installed with the view
to minimizing the possibility of abrasions. A minor at
suitable level for use from to wheelchair must be
provided and may be achieved by a lowered medicine
cabinet to which the veteran is to have access. Faucets
for the tub and shower aim must be accessible from the
wheelchair far water temperature control before, as well
as during, immersion. Adequate thermostatic controls
should be Installed to avoid sudden change in the water
temperature. Adequate grab bars, capable of bearing
weight and conveniently placed, must be installed for the
tub and shower. Stall showers must be large enough to
allow for a bait-in bench, t desired. There should be no
curb between the slat and bathroom (floor drain can be
placed in a beck comm of the stall), and the shower stall
Opening stmt be the same width as other doorways. The
tolkt fixture or seat should be raised, t necessary, for to
veteran's convenience; armrests, instated In a maser to
support the veteran's weigh in transferring, must be
included, and provision should be made for a suitable
back support.
g. All hot water pipes, steampipes, room radiators, or
similar items which may constitute a hazard inacfar as
bums. abrasions, etc.. ors concerned, should be
concealed or property covered,
h. Wall switches and eleclnoal outlets should be within
reach from the wtrekhair-minimum 457 miitmMwa (18
inches) and maximum 122 meters (48 inches) from the
floor- Fuse boxes, thermostats, and other utety and
appliance controls should be within teach from the
wheelchair. Windows should be operable from the
wheelchair. Automatically operated garage doors are a
great cawengtlcs-dirskn codrd activated by key or
button balrg indicated as more satisfactory than remote
central by radio or tight beam.
I. Carpeting may not be Instated In specially adapted
housing unless it is of a low pile, closely WA type.
} At least one, automatic smoke defector shall be
installed in to unit.
13. What we some other factors to be conshderad?
a. Level building site.
b. Ample concmte walks.
May-.21-99 09t18A JKGAULT
C. NelaVvafy maintenance bee.
d. Slkdlug Interior doors easily operable from wheelchair.
a. Zane controlled heating system.
t. Special adaptation of the kitchen for the veteran's tuo.
How To Ap* For Send
ne does a veteran go to find out It Walla is
for the specialty adapted housing banal"
Any VA , prsferobly the VA cifice where to
veteran's da reeads are located. A determination
he p
be made as to veleren's basic eligibility it is modica It f for the veteran to residand e in a
ap.cier adapted a.
15. Now Is the veto n adh~s ^hha~etshs I eligible
for the specially adsp
sent toe of ahy for
sent to no VgW veteran. A rop rte
s '
will visit Ve vatnan and
possible. The veteran wig Doiwl
application to mn la be filled old r
obtain the grant. S the vol oran's
approved. he/she will receive a
VA setting forth the terms and a
fade will be made available. Ar
the veteran should include the C
to VA approval and hisiber obta
adapted ng adfi be
five d the field office
him/her in very way
Istted a ptememal
fie is ready to
or the grant is
em latter from
under which the
of exeouled by
*at it is subject
the
16. VAII VA assist an eligible veteran top k out a
tot, obtain the servloes of art archileet, ob in bids
for construction, fat the conGad, end snan
nscs»aryfinanckrp4
yes. ifeprasematives from the VA office who are
spsr9afi is in due field 0 counsel. and make
suggastiors and reoorhmandatione to the veteran
every stags to help 141mfier obtain a epacleNy adaP
house provided that eliglb"y has been established.
17. Is housing Oran#bto from the Daps t rim mil of Veterans`
Affairs?
YAP 2B-f 3. Han shdbook for Design - Specialty
Ada Housing. prov{daa asaMmwe to the physically
ha appsd veteran end e a rJ~tecVdeslgner m
p ucing the bast possible home for the veteran.
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