HomeMy WebLinkAboutWA-99-217500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ride
FAX 303/235-2857
November 9, 1999
Suzanne Hatcliff
424DD Iris Court
Wheat Ridge, CO 80033
Dear Suzanne:
Please let this letter serve as a follow-up to our conversation of last week regarding your request
for variance for a waiver of driveway paving. The Board of Adjustment approved your request
with the following condition: Either the first T of the driveway be paved with asphalt or
concrete or the entire driveway be replaced with a gravel material acceptable to the City's Public
Works Department.
Our Public Works Department has indicated that for the driveway, a 3/4" Class VI roadbase
would be acceptable with a depth from 4" to 6".
If you have any questions, do not hesitate to contact me at 303-235-2848.
Sincerely,
Meredith Reckert, AICP
Senior Planner
cc: WA-99-21
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
FAX 303/235-2857
September 28, 1999
Ms. Susan Hatcliff
4200 Iris Court
Wheat Ridge, CO 80033
RE: WA-99-21
Dear Ms. Hatcliff:
Ridge
Please be advised that at its meeting of September 23, 1999, the Board of Adjustment APPROVED
your request for a variance from Section 26-30(N) of the Wheat Ridge Code of Laws requiring the
placement of pavement for the first 25 feet of a residential driveway subject to a condition.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, September 23, 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: WA-99-21
CdBuba \B0A\C0RRESP\wa9921.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 23rd day of September, 1999.
CASE NO. WA-99-21
APPLICANT NAME: Suzanne Hateliff
LOCATION: 4200 Iris Court
Upon a motion by Board Member ABBOTT and second by Board Member JUNKER, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-99-21 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 in recognition
that there were no protests registered against it;-and
WHEREAS, the relief applied for may be granted 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-99-21 be, and hereby is, APPROVED.
TYPE OF VARIANCE: A request for a variance to Section 26-30(N) of the Wheat Ridge
code of laws, which requires the placement of pavement for the first 25 feet of a residential
driveway.
FOR THE FOLLOWING REASONS:
The neighborhood is inconsistent relative to the existence of curb, gutter and sidewa k
and driveway paving.
2. Approval of this request will not be detrimental to the public welfare and is compatible
with the essential character of the neighborhood.
There has always been a gravel driveway on this property.
Board of Adjustment Page I
07/22/99
4. Complaints have not been taken regarding the tracking of debris onto 42nd Avenue
and/or Iris Street.
WITH THE FOLLOWING CONDITION:
The interface between the street and the driveway be (1) hard surfaced with asphalt or
concrete for 8 feet from the street, or (2) resurfaced with gravel as approved by the
city's public works department as to the type and quantity of gravel to be used, due to
the type of material used on the existing driveway with visible evidence that material
does get into the street on 42nd,
VOTE: YES: ABBOTT, BROWN, ECHELMEYER, HOWARD,
HOVLAND, JUNKER, MAURO, THIESSEN
NOES: NONE
DISPOSITION: A variance to Section 26-30(N) of the Wheat Ridge code of laws, which
requires the placement of pavement for the first 25 feet of a residential driveway was APPROVED.
ADOPTED and made effective this 23rd day of September, 1999.
BOB HOWARD, CHAIR
Ann Lazzeri, Secretary
Board of Adjustment Page 2
07/22/99
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
September 23, 1999
CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD
at 7:30 p.m. on September 23, 1999, in the Council Chambers of the Municipal Building, 7500
West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Members Present: Tom Abbott
Michelle Brown
Bill Echelmeyer
Bob Howard
Paul Hovland
Susan Junker
Linda Mauro
Karen Thiessen
Staff Present: Meredith Reckert, Senior Planner
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of September
23, 1999. A set of these minutes is retained both in the office of the City Clerk and in the Department
of Planning and Development of the City of Wheat Ridge.
3. APPROVE THE ORDER OF THE AGENDA
Meredith Reckert requested that Case No. WA-99-22 be removed from the agenda because of
an error in publication and posting. The case will be republished and posted to be heard on
October 28, 1999.
There was a consensus of the Board members to remove Case No. WA-99-22 from the agenda.
4. PUBLIC FORUM
(This is the time for anyone to speak on any subject not appearing on the agenda.)
There was no one signed up to speak.
5. PUBLIC HEARING
A. Case No. WA-99-21: This case was presented by Meredith Reckert. She reviewed the staff
report and entered all pertinent documents into the record. She presented slides and overheads
of the subject property and advised the Board that there was jurisdiction to hear the case. The
Board of Adjustment Page 1
09/23/99
ten criteria used in evaluating variance requests were reviewed. Because this situation is a pre-
existing condition which should not negatively affect the character of the area, staff
recommended approval of the application.
Chair HOWARD asked if the driveway is located in a flood zone. Meredith Reckert replied
that there may be a very small portion of the driveway which is located in the flood plain;
however, the garage and most of the driveway are not. The public works department indicated
no concern after reviewing the plan.
Susan Hateliff
4200 Iris Court
Susan Hatcliff, the applicant, was sworn by Chair HOWARD. In response to a question from
Commissioner THIESSEN, Ms. Hatcliff stated that she has no plans to place any additional
gravel in her driveway.
Commissioner ECHELMEYER asked the applicant how long the present surface has been in
place. Ms. Hatcliff stated that the present surface was in place when they purchased the
property in 1991. She also stated that she sees very little surface material tracking into the
street because the driveway is very well drained.
Commissioner ECHELMEYER produced a sample of the driveway surface that he collected
from the street in front of the driveway. In response to his question about the type of surface
material, Ms. Hatcliff replied that she did not know what the material was.
Chair HOWARD asked the applicant for an estimate of the number of cars that drive on 42nd
Avenue during an average day. Ms. Hatcliff replied that approximately six cars use this street
on a daily basis.
Commissioner ECHELMEYER expressed concern about the material used to surface the
driveway and preferred to see the driveway surfaced with gravel.
Chair HOWARD asked if there were any individuals present in the audience who wished to
address this matter. There was no response.
Upon a motion by Board Member ABBOTT and second by Board Member JI JNKER, the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-99-21 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 in recognition that
there were no protests registered against it; and
Board of Adjustment Page 2
09/23/99
Whereas, the relief applied for may be granted. 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-99-21 be,
and hereby is, approved.
Type of Variance: A request for a variance to Section 26-30(N) of the Wheat Ridge code of
laws, which requires the placement of pavement for the first 25 feet of a residential driveway.
For the following reasons:
The neighborhood is inconsistent relative to the existence of curb, gutter and sidewalk
and driveway paving.
2. Approval of this request will not be detrimental to the public welfare and is compatible
with the essential character of the neighborhood.
There has always been a gravel driveway on this property.
4. Complaints have not been taken regarding the tracking of debris onto 42nd Avenue
and/or Iris Street.
With the following condition:
The interface between the street and the driveway be hard surfaced (asphalt or concrete)
for 8 feet from the street due to the type of material used on existing driveway with
visible evidence that material does get into the street on 42nd.
Commissioner THIESSEN stated that she would support the motion because the present
material in the driveway appears to be more like dirt than gravel. She also stated that an
alternative of replacing the entire driveway with gravel would be acceptable.
Commissioner HOVLAND offered an amendment to change the condition of approval to allow
the applicant the choice of paving the first 8 feet or replacing her entire driveway with a gravel
surface, the type and quantity of which is acceptable to the public works department. (He
mentioned that it is very difficult to locate an asphalt company who is willing to do a small job,
such as an 8-foot strip.)
The amendment was acceptable to Commissioners ABBOTT and JUNKER.
The motion passed by a vote of 8-0.
Chair HOWARD informed the applicant that her request for variance had been granted.
Board of Adjustment Page 3
09/23/99
PUBLIC HEARING SPEAKERS' LIST
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 23, 1999
CASE NO. & NAME: WA-99-21/Hatcliff
DATE PREPARED: ZSt 15 , 1999
CASE MANAGER:ckert
ACTION REQUESTED:
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
NAME & ADDRESS OF OWNER(S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
ENTER INTO RECORD:
Q
COMPREHENSIVE PLAN
(X)
ZONING ORDINANCE
Q
SUBDIVISION REGULATIONS
Q
OTHER
Request for a variance from Section 26-30(1),
which requires the placement of pavement for the
first 25' of a residential driveway
4200 Iris Court
Suzanne Hatcliff
4240 Iris Court
Same.
9,476 square feet
Residential-Two
Single-Family Residence
N, E, W: R-2; S: A-1
N, E, W: Single-Family S: Greenbelt
September 3, 1999
September 9, 1999
September 1, 1999
(X) CASE FILE & PACKET MATERIALS
Q SLIDES
(X) EXHIBITS
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.
4-f
I. REQUEST
The applicant requests approval of a variance to Section 26-30(N) of the Wheat Ridge Code of Laws,
which requires the paving of the first 25' of all new residential driveways.
The applicant recently built a 480 square foot free-standing garage. There was previously no covered
parking area on the property. However, cars were parked uncovered in this same area with the
existing driveway which has always been graveled.
Section 26-30(N) of the Wheat Ridge Code of Laws, states "for residential uses, the first 25' from
edge of pavement of a public street into the property shall be paved to a width of no less than
20'...(with) a paved surface or other all-weather surface including a gravel base". The above
regulation was established to prevent the tracking of mud and gravel debris onto the adjacent public
right-of-way.
The property in question is located south of West 44' Avenue and north of the Clear Creek greenbelt.
The neighborhood is inconsistent relative to the existence of curb, gutter and sidewalk and driveway
paving.
Attached is a letter of support from neighbors located at 4201 Iris Street (property owner to the east).
II 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, the request is for approval of a variance to the paving standard for driveways. If the
variance is denied, the property can still be used as a single family residence.
2. Is the plight of the owner due to unique circumstances?
No. There are no unique circumstances attributed to this request.
3. If the variation were granted, would it alter the essential character of the locality?
No. The property in question is in a neighborhood which is inconsistent in regard to
driveway paving and installation of public improvements. The property directly to the east
has an unpaved driveway, while the driveway to the north is paved. Therefore, approval of
this request should not alter the essential character of the area.
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?
WA-99-21
Board of Adjustment
Page 2
P 0Z
No. The property has a standard rectangular shape (96'x 98') and is roughly 9500 square feet
in size. This request is based on the character of the area. No other hardship exists.
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?
No. 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 variance is not based on a desire to make money out of the property.
The purpose of the request is to allow for an existing gravel driveway to remain on the
property.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The applicant/owner has created a self-imposed hardship in that she does not want to
pave the gravel driveway. The owner knew at the time of building permit that this was a
standard requirement for new garage construction. She believes that a gravel driveway is
consistent with the neighborhood.
8. Would the granting of the variations be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
No. Even though it is found that gravel driveways can potentially allow more mud and gravel
to be taken onto the public streets, there has always been a gravel driveway on this property.
No complaints have been taken regarding the tracking of debris onto 42' and/or Iris.
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 request is to allow for an existing gravel driveway to remain. Approval of
this request should not impair the adequate supply of light and air, substantially increase
congestion in the public streets, nor increase the danger of fire to the adjacent properties.
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
WA-99-21
Board of Adjustment
Page 3
~-3
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?
Although this request is purely for the benefit of the individual, staff believes that approval
would not be a detriment to the character of the neighborhood, even though one of the
adjacent properties has a paved driveway.
III. STAFF CONCLUSIONS AND RECOMMENDATION
Staff has concluded that the request for approval of a variance to waive the paving requirement for
single-family residences driveways cannot be considered a detriment to the public welfare nor should
it have a negative impact on properties within the neighborhood. Although there are no hardships or
unique circumstances, it was a pre-existing condition and should not negatively affect the character of
the area. Therefore, a recommendation of approval is recommended for Case No. WA-99-21.
IV. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-99-21, a request for approval of a variance to Section 26-30(N)
of the Wheat Ridge Code of Laws, which requires the placement of pavement for the first 25' of a
residential driveway, for property zoned Residential-Two and located at 4200 Iris Court be
APPROVED for the following reasons:
1. Approval of this request will not be detrimental to the public's welfare and is
compatible with the essential character of the neighborhood.
2. The adjacent property to the east has a gravel driveway.
3. The gravel driveway was a pre-existing condition.
4. Staff recommends approval."
Option B: "I move that Case No. WA-99-21, a request for approval of a variance to Section 26-30(N)
of the Wheat Ridge Code of Laws, which requires the placement of pavement for the first 25' of a
residential driveway, for property zoned Residential-Two and located at 4200 Iris Court be DENIED
for the following reasons:
1.
2.
3."
EAReckert\wa9921 sr.wpd
WA-99-21
Board of Adjustment
Page 4
lq-q
OFFIGIAL
ZONING MAP
WHEAT RIDGE
GOLORADO
MAP ADOPTED: June 15, 1994
Last Revision: September 19, 1996
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eF wHeq,a LAND USE CASE PROCESSING APPLICATION wnEgr
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Planning and Development Department - °
7500 West 29th Avenue, Wheat Ridge, CO 80033
°pt ozna° Phone (303) 235-2846 eon oR,~Qo
(Please print or type all information)
Applicant Suzanne E Hatcliff Address4200 Tric Court, Phone 303-422-7946
City Wheat Ridge
Suzanne Hatcliff
Owner Helene F. Meyers Address4200 Iris court Phone 303-422-7946
CityWhPat uiagA
Location of request (address) 4200 Iris Court Wheat Ridge
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
Variance / Waiver
❑ Site development plan approval
❑ Special Use Permit
❑ Conditional Use Permit
❑
❑
❑
Nonconforming use change
Flood plain special exception
Interpretation of Code
❑ Temporary Use, Buildings, Signs
❑ Minor Subdivision (5 lots or less)
❑ Subdivision (More than 5 lots)
❑
❑
❑
Lot line Adjustment
Planned Building Group
Street Vacation
❑ Preliminary ❑ Final
❑
Other:
Detailed description of the request:I am requesting that
a
variance be approved so I can
continue to use the existing driveway that has
b&9
en established for many years and has
not failed or washed away.
Fill out the followin information to the best of your knowledge.
Current Zoning: -
Size of Lot (acres ort e footage):
Current use: I
`
S r
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-atto.ney from the owner which approved of this action on his behalf.
Signature of Applicant
I-
l/ Subscribed and sworn t e this-► ay of~St19
coo
Nota Public
My commission expires 4 -33 -0
. .
Date received Receipt No. Case No.
Related Case No. Zoning Quarter Section Map
A-9
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 September 23,1999, 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-99-21: An application submitted by Suzanne Hatcliff for approval of a
waiver from Section 26-30 (N) which requires a 20' wide and 25' long paved driveway for
property located at 4200 Iris Court.
2. Case No. WA-99-22: An application submitted by Robert Alldredge for approval of a 15'
side yard variance from the 30 foot side yard setback requirement for property zoned R-I
and located at 2890 Lamar St.
Barbara Delgadillo, Recording Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: Wheat Ridge Transcript
Date: September 3, 1999
C:\Barbara\BOA\PUBHRGS\990923pub.wpd
-HC WEST 29TH AVENUE
F.O. BOX 638 The City of
WHEAT RIDGE CO 8003-Cc26 .3C31 23-5900 cyVheat
City Admin. Pax = 234-592 Pclice Deot Fax = 23529•:9 Ridge
POSTING CERTIFICATION
CASE NO. PLANNING COMMISSI N - CITY COUNCIL - OARD OF ADJUSTMEN `Circle One)
HEARING GATE: ~g~/
I,
residing at
n a m e
(a a jjd r e s s)
as the applicant for Case No. /itl~J ~97~J , hereby certify
that I have posted the Notice of Public Hearing at
,r_ n , n -L-
i o c a t i o n)
on this day of 19and do
hereby certify that said sign has been posted and remained in place
for fifteen (15) days prior to and including the scheduled day of
public hearing of this case. The sign was posted in the position
shown on the map below.
Signature:
NOTE: This form must be submitted at the blic hearing on this case
and will be placed in the applicant's case file at the
Department of Planning and Development.
M A P
<pc>postingcert
rev. 05-19-94
The City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215
August 31, 1999
Dear Property Owner:
Wheat
Ridge
This is to inform you that Case No. WA-99-21 which is a request for approval of a waiver from
Section 26-30 (N) of the Zoning Ordinance which requires a 20' wide and 25' long paved
driveway for the property located at 4200 Iris Court 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 September 23, 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:\Bubma\B0A\PUBHRGS\wa9921 cert.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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September 21, 1999
TO: Board of Adjustments
City of Wheat Ridge
RE: Case No. WA-99-21
At 4200 Iris Court
To Whom It May Concern:
Let this letter serve as authorization to allow my daughter, Suzanne Hatcliff, to represent me at
the Board of Adjustments hearing on September 23, 1999 in the matter of requesting a variance
to maintain an existing driveway in its present condition.
elene F. Meyers
STATE OF COLORADO, I
)SS.
County of Jefferson I
by HELENE F. MEYERS
The foregoing document was acknowledged
before me this day of_ io; ~
1999.
Witness my hand and official seal.
My commission expires
F
ca Expires 0110612002
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