HomeMy WebLinkAboutWA-99-16~u~ 4 u n e 21,1999
The City of Wheat 1zi
planning and Development Department
7500 West 29t" Avenue,
Wheat Kidee, CO 80033
This io to let you know we wish to withdraw our
8' foot Setback variance to the 30' foot front
yard Setback requirement.
We have made other piano to our Home oo we
will not need this Setback variance. We will need
however a building permit.
Our case No. & Name: WA-99-16\ Corson date
of meeting June 24,1999. Thank you any way
for your time.
Sincerely Yours,
Charles E. Corson
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: June 24, 1999 DATE PREPARED: June 9, 1999
CASE NO. & NAME: WA-99-16\ Corson
CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for an 8' front yard setback variance to the 30' front yard setback
requirement.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S)
6435 West 45' Place
Charles Corson
6435 West 45" Place
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S)
Same
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
9,675 square feet
Residential Two
Single Family Residential
N:, S:, E: and W: Residential-Two
N:, S:, E: and W: Single-family residential
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
June 4, 1999
June 9, 1999
June 2, 1999
ENTER INTO RECORD:
Q COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
Q SUBDIVISION REGULATIONS
(X) CASE FILE & PACKET MATERIALS
(X) EXHIBITS
Q 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.
13-1
I. REQUEST
The applicant is requesting approval of an 8' front yard setback variance to the 30' front yard setback
requirement to allow for the construction of a 14'X 14' dining room. If approved, the dining room will
be approximately 22' from the front lot line.
The applicant has chosen the proposed location based on the layout of the existing 1,060 square foot
residence. The applicant stated that the existing kitchen is located in the front of the residence and the
proposed dining room will allow for direct access. They had considered placing the dining room
addition on the east side of the structure, but felt that location would not be very functional.
Along with the 14'X 14' dining room, the applicant is also proposing to construct an enclosed sunroom
on the front of the structure. The sumoom will be placed in-line with the existing structure, and will be
located approximately 8' from the front of the residential structure (22' from the front lot line).
Pursuant to Section 26-14(F) of the Wheat Ridge Code of Laws, structures built within the Residential-
Two zone district must maintain a 30' front yard setback from the front lot line.
To date, staff has not received any opposition regarding the variance request.
II. SITE PLAN
According to the attached improvement location certificate, the property is relatively rectangular in
shape and measures 75'X 129', or 9,675 square feet. The property is located on the north side of West
45" Place just west of Lamar Street, which is a topographically flat area.
The property currently has a 1,060 square foot residence and a 336 square foot single-car garage
located on the west side of the property. There is a concrete driveway located in front of the existing
dining room, and the applicant has stated that if the variance is approved, they will be removing the
existing concrete, and replacing it with sod. Also, when the finances permit, the applicant has stated
that they intend on constructing a 3-car garage, with a concrete driveway, in the rear of the property.
III CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a variance:
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 existing single-family residence may continue to yield a
reasonable return in use, service and income. The applicant has stated that the request is based
on the need for additional living space.
2. Is the plight of the owner due to unique circumstances?
No. The applicant has stated that the request is purely for convenience and space. There aren't
any other unique circumstances attributed with this request.
5 -2
3. If the variation were granted, would it alter the essential character of the locality?
Yes. There aren't any other structures within the immediate neighborhood which currently
have a 25' or less 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?
No. The property currently exists as a primarily rectangular lot. Also, the property is
topographically flat and does not create any construction hardships.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to other property within the same zoning classification?
Yes. Any resident of the City may apply for the same type of variance. However, each request
is reviewed on a case by case basis, thus the outcome may not be the same.
6. Is the purpose of the variation based exclusively upon the desire to make money out of the
property?
No. The purpose of the request is to allow for additional living space and greater convenience.
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 applicant who has sole 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?
No. Because the request is to allow for an addition to the front of the house, and there will be at
least a 22' setback for the proposed structure, approval of this request should not be injurious to
the public's welfare or injurious to other property improvements.
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, the proposed addition is for the front of the structure. Therefore, if
the request is approved, the structure will comply with all other setback requirements and
should not impair the adequate supply of light, nor increase the danger of fire.
10. If it is found in criteria 8 and 9 above, that granting of the variation would not be
Board of Adjustment Page 3
WA-99-16/Corson
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. Approval of this request is neither a benefit for the community nor for the reasonable
accommodation of a handicapped person. This request is based solely upon individual benefit.
IV. STAFF'S CONCLUSION
Staff concludes that the above criteria does not support the request to allow for the 14' X 14' dining
room addition. Although the proposed addition will probably offer the most convenient solution for
additional space, there is still the ability to construct a 10'X 20' addition to the east side of the
structure, while complying with the established setbacks. Therefore, staff recommends DENIAL for
Case No. WA-99-16.
V. RECOMMENDED MOTIONS
OPTION A: "I move that Case No. WA-99-16, a request for an 8' front yard setback variance to the 30'
front yard setback requirement for a property zoned R-2 and located at 6435 West 45' Place, be DENIED for
the following reasons:
1. The evaluation criteria does not support approval of this request.
2. The applicant may build a 10' X 20' addition to the east side of the residence without
need of a variance.
3. Approval of this request could alter the essential character of the locality."
OPTION B: "I move that Case No. WA-99-16, a request for an 8' front yard setback variance to the 30'
front yard setback requirement for a property zoned R-2 and located at 6435 West 45`s Place, be APPROVED
for the following reasons:
The applicant has stated that this location would be the most logical and convenient
place."
LAWCa ey\case fi1es\WA-99-I6.WPD
Board of Adjustment Page 4
WA-99-16/Corson
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OFFICIAL _ ZONE DISTRICT. BOUNDRY
ZONING M MAP AD f - PARGEL/LOT BOUNDRY
(DESIGNATES OWNERSHIP)
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`SHE/ T RIDGE - CITY LIMIT LINE
COLORADO ° DENOTES MULTIPLE ADDRESSES
MAP ADOPTED: June 15, 1994
Last Revision: September 19, 1996
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I 9ILLANS INCORPORATED Architecture, Engineering ✓f, Surveying
V Z Ll n nQ 8471 Turnpike Drive, Suite 200 Westminster. CO 80030 (303) 426" 1731
IMPROVEMENT LOCATION CERTIFICATE
Address: 6435 W 45NJPL
Borrower(s): CORSON
Title search by:
Commitment No.:
Legal Description: PER CLIENT
Lot 14,
VINNOLA SUBDIVISION,
Canty of JEFFERSON
State of COLORADO
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On the basis of my knowledge. information and belief i hereby certify that this improvement location certificate was prepared for
CHARLES 8 CHARLEEN CORSON
under my supervision and that it is not a Lord Survey Plat or Impmvemem Survey Plat, and that it is not to be relied upon for the establishment of
fence, building, or other future improvement lines. I further certify that the improvements on the above described Parcel on this daze, except utility
connections and fences and landscaping, are entirely within the boundaries of the parcel, except as shown. that there are no enemuchments upon the
described premises by improvements om my adjoining premises, except as indicated, and that these is no apparent evidence or sign of any casement
crossing or burdening any part ofsaid parcel. except as noted. 'Notice: According to Colorado Law you must commence any legal action based upon
any defect in this survey within three years after you first discover such defect. In no event. may any action based upon any defect in this survey he
commenced more than ten years from the date of the certification shown hemon "
Job Number. 1677-1999
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Fee: $ $ 150 150..00
Census Tract No.: 708.03 Dare ?,h•,__ .
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AccenWble eta FeLieeale National
M-'..aa .Woelatlon.
DEED OF TRUST
59257-5
COLORADO
THis INDENTURE, made this 10th day of July A. D. 19 68 , between
CHARLES E. CORSON AND CHARLEEN E. CORSON, his wife
,whose address is 6435 W. 45th Place,
Wheatridge, Colorado 80033 , County of Jefferson , State of Colorado, hereinafter
referred to ae the grantor, and the Public Trustee of the
County of Jefferson , State of Colorado, hereinafter referred to as the trustee, Witnesseth:
WHEREAS, the grantor as executed his certain promissory note, bearing even date herewith, payable
to the order of WESTERN FEDERAL SA VINiS AND LOAN ASSOCIATION OF 1jMVER
whose present address is 6011 West 44th Avenue
Wheatridge, Colorado 80033
hereinafter referred to as the beneficiary, for the principal sum of
ELEVEN THOUSAND FIVE HUNDRED AND 110/100 - - - - - - - - - - - - - - - - - - -Dollars
11,500.00 - with interest at the rate of six and three fourths per centum ( 6 qo) per
annum until paid, payable in monthly installments of.
SEVENTY FOUR AND 6OA00 - - - - - - - - - - Dollars 74.60 commencing on the
first day of August , 19 68 , and continuing on the first day of each month thereafter until
the said note is fully paid, except that, if not sooner paid, the final payment of principal and interest shall
be due and payable on the first day of July , 19 98 . Said principal sum, together
with interest thereon, and other payments provided to be made under the terms of this indenture, are
hereinafter referred to as the indebtedness;
AND WHEREAS, the grantor is desirous not only of securing the prompt payment of the indebtedness,
but also of effectively securing and indemnifying the beneficiary for or on account of any assignment,
endorsement, insurance or guarantee of the indebtedness;
NOW, THEREFORE, the grantor, in consideration of the premises, and for the purposes aforesaid, has
granted, bargained, sold, and conveyed, and does hereby grant, bargain, sell, and convey unto the trustee,
in trust forever, all the following described property situate in the
County of Jefferson , and State of Colorado, to wit:
Lot 14, vI1wu SDwIVISION,
Jefferson County, Colorado
together with the improvements and appurtenances thereunto belonging and all fixtures now or hereafter
attached to or used in connection with the premises herein described; and in addition thereto the following
described household appliances, which are, and shall be deemed to be, fixtures and a part of the realty
and are a portion of the security for the indebtedness herein mentioned: vent fan
P +
~F WHEgr LAND USE CASE PROCESSING APPLICATION of WHEArA
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Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
°ptoRnoo Phone(303)235-2846 °o~oRro°
(Please print or type all information)
Applicant 4'o-/e'5 1G/ ~~~7DP✓Address J~ / 5 ~G Phone me`
/7~0 City d ~Di/~
Owner( /l4, 2Address /,q-3`S k97 9'5 1 ""cQ Phoned'0'T "-2-(-/~
City ea l ~,cd~~° r ~D
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 LK 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 equest:
/F~u~" ~r-c -
Fill out the following infor ayf tign to the. best of your knowledge.
Current Zoning: ML!!
Size of Lot (acressquare footage):
Current use: !!J~
Proposed use:
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-att/orrp y fypm the owner which approved of this action on his behalf.
Signature of Applicant
Subscribend sworn to me this 1-7- day of p; 191
4
NOLaf y Public
My commission expires/12:i_ 3-o r'
Date received Receipt No. Case No. ° -'5 K Related Case No. Zoning ~f Quarter Section Map W R
f3 'O
i
CIS
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 June 24, 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-99-15: An application by Ben Bandimere for approval of a 953 square foot
lot area variance from the 9,000 square foot minimum lot area requirement and a 15 foot
lot width variance from the 75 foot minimum lot width requirement to allow the
construction of a duplex at 4470 Lee Street. Said property is zoned R-2A.
2. Case No. WA-99-16: An application by Charles Corson for approval of an eight foot
front yard setback variance from the 30 foot minimum front yard setback requirement for
the addition of a 14' x 14' dining room/sunroom/front porch area. Said property is located
at 6435 West 45" Place and zoned R-2.
Barbara Delgadillo, Recording Secretary
ATTEST:
Wanda Sang, City derk
To be Published: Wheat Ridge Transcript
Date: June 4, 1999
CABarbara\B0A\PUBHRGS\990624.wpd
~ jThee City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 _vv hea+
l
Ridge
June 2, 1999
Dear Property Owner:
This is to inform you that Case No. WA-99-16 which is a request for an eight foot front yard
setback variance from the 30 foot minimum front yard setback requirement for the addition of a
14'x 14' dining room/sunroom/front porch area. Said property is located at 6435 West 45m Place
and 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 June 24, 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\wa99161etter.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234.5924 • POLICE DEPARTMENT FAX: 235-2949
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