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Home My WebLink AboutWA-99-257500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat FAX 303/235-2857 November 4, 1999 Mr. Derek Drummond 4440 Independence Street Wheat Ridge, CO 80033-2932 RE: WA-99-25 Dear Mr. Drummond: Ridge Please be advised that at its meeting of October 28, 1999, the Board of Adjustment approved your request for approval of a 10 foot side yard setback from the 15' side yard setback requirement for the purpose of building a 2-car garage for property zoned A-1 and located at 4440 Independence Street with conditions. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting, October 28, 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 Attachment: Certificate of Resolution cc: WA-99-25 CdBarb=\B0A\C0RRES%wa9925.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 28th day of October, 1999. CASE NO. WA-99-25 APPLICANT NAME: Derek Drummond LOCATION: 4440 Independence Street Upon a motion by Board Member ABBOTT and second by Board Member BROWN, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-99-25 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-99-25 be, and hereby is, approved. TYPE OF VARIANCE: A 10-foot side yard setback from the 15-foot side yard setback requirement for the purpose of building a two-car garage. FOR THE FOLLOWING REASONS: Approval of this request will allow for additional covered parking on a property which does not provide much area for development alternatives. 2. There should be no negative impact on the neighborhood, public welfare or character of the area. 3. There are unique circumstances: a) A substandard lot size and lot width. b) The varied setback immediately abuts an auto body shop/storage yard. Page 1 Board of Adjustment Resolution No. 99-25 Page two (2) 4. The setback need is predicated more upon the functionality of the second floor living space rather than the garage floor below. WITH THE FOLLOWING CONDITIONS: The first 25 feet of the driveway be paved with the garage construction. The garage will architecturally complement the existing house so as to not alter the general character of the neighborhood as described to the Board. The remaining 5 foot setback to the south shall be maintained and shall not be used for storage. VOTE: YES: ABBOTT, BROWN, HOWARD, HOVLAND, JUNKER, MAURO ABSENT: ECHELMEYER, THIESSEN DISPOSITION: A 10-foot side yard setback variance from the 15-foot side yard setback requirement for the purpose of building a two-car garage was granted. ADOPTED and made effective this 28th day of October, 1999. BOB HOWARD, CHAIR Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment Page 2 2. There will be no negative impact on the public safety and welfare. There will be no negative impact on the character of the neighborhood. The side yard setback will actually exceed the requirement. 4. The variance should result in a benefit to the neighborhood. Letters of support for the variance have been received from several neighbors. Other garages in this block exist without benefit of setback from said alley. With the following conditions: The existing storage shed shall be removed from the property. 2. The structure shall include design features as presented to the Board. The motion passed by a vote of 6-0 with and Board Members THIESSEN and ECHELMEYER absent. Chair HOWARD informed the applicant that his request for variance had been granted. C. Case No. WA -99-25: An application submitted by Derek Drummond for a 10-foot side yard setback from the 15-foot side yard setback requirement for the purpose of building a two-car garage for property zoned Agricultural-One and located at 4440 Independence Street. This case was presented by Meredith Reckert. She reviewed the staff report, presented slides and overheads of the subject property and answered the ten criteria involved in granting a variance. All pertinent documents were entered into the record. She advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. Derek Drummond 4440 Independence Street Mr. Drummond was sworn in by Chair HOWARD. He stated that his property is surrounded on two sides by commercial properties, one adjacent neighbor to the north, and apartments across the street. His plan is to expand his one car-garage to a two-car garage with room over for additional living space. He stated his neighbor to the north is in favor of the application. In response to a question from Board Member ABBOTT, Mr. Drummond explained that the planned addition would extend an additional 16.5 feet from the existing one-car Board of Adjustment Page 6 10/28/99 garage and would be 19.5 feet from front to back. If the garage were smaller, it would create a problem with the stairway, etc. to the living area above the garage. Board Member HOVLAND requested to see a drawing of the planned project. Mr. Drummond submitted a computer generated drawing of the addition which will be made a part of the official record. Board Member MAURO commended the applicant for posting the signs where they are very visible from the street. In response to a question from the Board, Ms. Reckert replied that staff has received no negative comments regarding this application. Upon a motion by Board Member ABBOTT and second by Board Member BROWN, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-25 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- 25 be, and hereby is, approved. Type of Variance: A 10-foot side yard setback from the 15-foot side yard setback requirement for the purpose of building a two-car garage with living space above. For the Following Reasons: 1. Approval of this request will allow for additional covered parking on a property which does not provide much area for development alternatives. There should be no negative impact on the neighborhood, public welfare or character of the area. There are unique circumstances: a) A substandard lot size and lot width. Board of Adjustment 10/28/99 b) The varied setback immediately abuts an auto body shop/storage yard. The setback need is predicated more upon the functionality of the second floor living space rather than the garage floor below. With the Following Conditions: The first 25 feet of the driveway be paved with the garage construction. 2. The garage will architecturally complement the existing house so as to not alter the general character of the neighborhood as described to the Board. 3. The remaining 5 foot setback to the south shall be maintained and shall not be used for storage. Chair HOWARD asked for clarification of the paving requirement stated in the first condition. Ms. Reckert explained that the paving will consist of either concrete or asphalt. The paving would extend from the street toward the garage. The motion carried by a vote of 6-0 with Board Members ECHELMEYER and THIESSEN absent. Chair HOWARD advised the applicant that his variance was granted. 6. OLD BUSINESS A. Group Homes for Sex Offenders - Meredith Reckert stated that she has not yet researched this matter. This project will be assigned to the new planner, Mary Austin, who will begin her employment on November 15. NEW BUSINESS A. Reschedule November and December Board Meetines - There was a consensus of the Board to meet on December 9, 1999. This meeting will serve to combine the November and December meetings. B. Joint Meeting with Planning Commission - Alan White suggested a dinner meeting with the Board of Adjustment and Planning Commission. This meeting has been requested by the Planning Commission to discuss temporary uses. Following discussion, there was a consensus of the Board that a joint meeting is not necessary. C. Minutes of September 12, 1999 Board Member MAURO requested that "Commissioner" be changed to "Board Member" in all appropriate areas of the minutes. Board of Adjustment Page 8 10/28/99 It was moved by Board Member JUNKER and seconded by Board Member MAURO to approve the minutes as amended. The motion carried unanimously. 8. ADJOURNMENT It was moved by Board Member HOVLAND and seconded by Board Member JUNKER to adjourn the meeting at 9:15 p.m. The motion carried unanimously. BOB ftOW , Chairman Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment Board of Adjustment Page 9 10/28/99 C44-"-;7, W4 - q I ~ ~9 PUBLIC HEARING SPEAKERS' LIST c CASENO: Gr1it-9i:~s DATE: Octobcr28,1999 REQUEST S,- .9e/! 2 tg:7,f46 Speaker Name (PLEASE PRINT) Address/Phone In Favor / Opposed CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: October 28, 1999 DATE PREPARED: October 18, 1999 CASE NO. & NAME: WA-99-25/Drummond ACTION REQUESTED: CASE MANAGER: Meredith Reckert Request for a 10' side yard setback from a 15' side yard setback requirement for the purpose of building a 2-car garage. 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: 4440 Independence Street Derek Drummond 4440 Independence Street Wheat Ridge, CO 80033-2932 Same 12,550 sq. ft. Agricultural-One Single Family Residential N: Agricultural-One, E, S. Commercial-One, W: Agricultural-One and Residential-Three N: Single family, S: E:Commercial, W: Multi-family DATE PUBLISHED: October 8, 1999 DATE POSTED: October 14, 1999 DATED LEGAL NOTICES SENT: October 5, 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. I. REQUEST The applicant is requesting approval of a 10' side yard setback from the 15' side yard setback requirement for the purpose of building an attached 2-car garage. The garage will also consist of a room on the second floor of the building to be used for additional living space. II. SITE PLAN The property is located at 4440 Independence Street and is zoned A-1 The property currently has two structures on it which are a frame shed and a one-story frame residence with an attached one-car garage. The existing sideyard setbacks are 11.6' from the north property line and 21.5' from the south property line. The sides and rear of the property are enclosed by a 6' high wooden privacy fence. The existing driveway, which is currently graveled, will have to be paved with construction of the garage. The variance is being requested on the side of the house abutting an existing auto body shop. The property is zoned A-1 and is non-conforming relative to the minimum lot size requirements of one acre and lot width requirement of 140'. Although this lot is one-third the size required, it still needs to follow the development standards for A-1 zoning. The property is just over 12,500 square feet in size which is consistent with the minimum size for an R-1 parcel. The R-1 zone district standards also require 15' sideyard setbacks, however, minimum lot width is 100' versus 75' existing on this property Section 26-18(F) Development and Use Regulations - Agricultural-One District requires a fifteen foot sideyard setback for a main structure. Because the garage will be attached to the existing house, the primary use development regulations are applied. The proposed addition would be located 5' from the southern lot line, requiring a 10' setback variance. 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 property could continue to be used as a single family residence and yield a reasonable return in service and income. 2. Is the plight of the owner due to unique circumstances? Yes.. There are unique circumstances attributed to this case because the parcel is non- conforming relative the A-1 standards for lot size and lot width but still has to follow the development standards for new construction. WZ-99-25/Drummond Page 2 3. If the variation were granted, would it alter the essential character of the locality? No. Because the garage will be built to match the existing residence it should not alter the character of the area. The properties directly to the south and east are intensive commercial uses (auto body repair and equipment rental storage yard). 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? The lot is regularly shaped and does not constitute a hardship. The substandard lot size and width do constitute 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 property owner in 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 covered parking for a house which currently has only a single-car garage. 7. 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. So long as the structure is properly designed and architecturally consistent with the existing house on the property it will not be detrimental to the public welfare. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood? No. There will be no negative affects to the public safety as all appropriate building codes will have been met. The structure being built will be on the south side of the existing house adjacent to an auto body shop and therefore should not impact the supply of light or air to adjacent properties. Board of Adjustment Page 3 WA-99-25/Drummond 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? Approval of this request would result in an individual benefit only. IV. STAFF'S CONCLUSION Staff concludes that the proposed building of a 2-car garage on this property will in no way negatively impact the neighborhood, the public welfare, or the character of the area. Staff further concludes that there are unique circumstances due to substandard lot size and lot width. For these reasons, a recommendation of approval is given with the condition that the first 25' of the driveway be paved with the garage construction. V. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WA-99-25, a request by Derek Drummond for approval of a 10' side yard setback from the 15' side yard setback requirement for the purpose of building an attached garage for A-1 zoned property located at 4440 Independence Street, be APPROVED for the following reasons: Approval of this request will allow for additional covered parking on a property which does not provide much area for development alternatives. There will be no negative impact on the neighborhood, public welfare or character of the area. There are unique circumstances due to substandard lot size and lot width. With the following condition: The first 25' of the driveway be paved with the garage construction." OPTION B: "I move that Case No. a request by Derek Drummond for approval of a 10' side yard setback from the 15' side yard setback requirement for the purpose of building an attached garage for A-1 zoned property located at 4440 Independence Street, be DENIED for the following reasons: 1. 2. 3. EAReckert\wa9925.wpd Board of Adjustment Page 4 WA-99-25/Drummond 1J R-2 OFFICIAL ZONING MAP WHEAT RIDGE COLOQADO MAP ADOPTED: June 15, 1994 Last Revision: March 19, 1999 ® AREA REOUIRING 517E PLAN APPROVAL 100-YEAR FLOOD PLAIN -~•'•_j (APPROXIMATE LOCATION) ZONE D15TRICT BOUNDRY - PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) WATER FEATURE . OENOTE5 MULTIPLE ADDRE55E5 NN 22 o m am .w 5CALE 1'.400 RPAZW-NT CF R.AWW MD MVF14PMENT - 7357552 LAND USE CASE PROCESSING APPLICATION aE ~HEgr o O Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 °ocoRroo Phone(303)235-2846 °ocoR~oo (Please print or type all information) Applicant N ~f umeno(l Address e sf; Phone 3,97 q?-3-5,37Z- city G l~to-t~~ o SC9013 -~93Z Owner 5R01 e Address Phone City Location of request (address) Type of action requested (check one or more of the actions li ste d below which pertain to your request.) U 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 ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final ❑ Other: Detailed description of the request: w l' 5A -h o C-pr a^ e- W room d e d 04 h "61 D a - 00 S~~Ydl S` 0--r-m AAC4 PP"Posej would ea 0- 5" From ou ro Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square footage): CCU' Current use: Proposed use: I 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 rney from the owner which approved of this action on his behalf. Signature of Applican ' ;'m Subscribed and sworn to e thisa~"`rtay of5e t, 19 7L Notary ublic My commission expires /,,;~7:z3`D Date received - Receipt No. Case No. I WA-4 n Related Case No. Zoning a: Quarter Section Map MetroScan / Jefferson Owner -:Drummond Derek M/Elizabeth A Schedule :065728 Site :4440 Independence St Wheat Ridge 80033 Parcel :39 222 08 009 Mail :4440 Independence St Wheat Ridge Co 80033 Xferd :03/28/1996 LandUse :1112 Res,Improved Land Price :$97,000 TaxDist :3105 OwnerPh :303-423-5372 Bedrm:2 Bth:1.00 YB:1957 Parking:Attached Firepl: TotArea:914 Ac:.22 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. L - p b F b U 4 C ~y r h W 0 o3° U ~ H z w K f O z o omHz u m F O H O _ N 0 6 F m ' H eF8 5 o ediuFS U G r m F O ~ m O F w N M e ~ U tl w mq oWo z tl Oh 3 . / ~ n W M o - N mnmmo m 2 O Z O w m F W 2 ~ Fy ~yJ O ~ F n OC c M b N H m U C~. H b ~ C Z H 00 K ~ (1 ( C G Z F 2UM p a M Z ° u ~ O LyJ F O cm P m • a O W 99 i F A rc m 2 C, r2m f w O . i p 'u ~3~nM~ M o p K F y O zQ~ 14 oE G E moo % O J i11 nc.i WI, ~ N 1 I J 56i c ~ , a, ! 4 i 4 I~ d W ^ ~ '5(4 f O d,,j 0 . ~ J ~J v 0LI V W W W 2 O fi V C b G ° C m F F y a V ~ f._ a a F'4 y aC` O Q`~ F F °c ;sac d F V > ° C C4 0. a EcF ~ ~ m a T D. s F 4C m F ~ °'oooo 3 txc= ul m G m C4 °FaP a ~G aO.G u udF o VI OC o F a o G Z E C o Y N o > = d o > 'u m d 7p. --aid E OE b~0E a G' aoaa ~ m E CZ ate'nT m °v ~aa0 E ~m C OBE L ?'OD dd, 4f C O > y ° C u 7 7 o v m a y ~ ~ ~ m v m Y C = p -Z a O F y °L 0.QO <O c i c ~C9ZE ~yC GH<n m y _ d ul H d F c a d W % N r V V ti V 2 T H ~ vi m O d T G C D~~o m F N ~Es ~p1o u'Ln a~C IJ~ F o `F G ora G m V a r -O a 0-0 n .d. v. O C Esa C: 0 a :1 o tiry °0 z Z ct O ~ d .fl (~j ~ a O F 3>, o l2]~ W V N y ~ Y L D ~ o F ~v N 5 F C o ° O d .L . ox~ , Q to ~ ° D~ F L71 V c.tt e N r C M. 1 m ^ G ~ C U c) G n V) U) !Z 0 O Lr) 2 Z - _ m o w N c? o o z co a z c~ v E o m rn D` o ~ C U G C N i L O 5 w ~ z C v ~ G LL7 F C Q u n C u' m wn `C0 WEST 29 T a AVENUE F O. BOX sae The City of WHEAT RIDGE. CO S0C34-0535 ..303) 234-5900 G~L eat Cq Aomin. Fax=234-5924 Police Deot. Sax = 235 2949 Ridge POSTING CERTIFICATION CASE NO. W - PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: I, n a m e residing at to a a r e s s) as the applicant for Case No. ►4 hereby certify that I have posted the Notice of Public Hearing at - (l o c a t' i"o n) " on this day of Ql , 19 and 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 public 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 s,~c~ ~ iQ o l:. P.,,.,i NOTICE OF PUBLIC HEARING j Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on October 28,1999, 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-99-22: An application submitted by Robert Alldredge for approval of a 17' side yard variance from the 30 foot side yard setback requirement for property zoned R-1 and located at 2890 Lamar St. 2. Case No. WA-99-24: An application submitted by Stanley Dyck for approval of a 192 sq. ft. maximum detached garage variance from the 600 sq. ft. maximum detached garage requirement for the purpose of building a 792 square foot garage for property zoned R-1 C and located at 3159 Depew Street. Case No. WA-99-25: An application submitted by Derek Drummond for a 10' side yard setback from the 15' side yard setback requirement for the purpose of building a 2-car garage for property zoned A-1 and located at 4440 Independence. , ~V~IIA~ elLD~C Q J Barbara Delgadillo, Reco • ing Secretary ATTEST: -:7A 4 Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: October 8, 1999 C:\Barbara BOA\PUBHRGS\991028pub.wpd The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat 9Ridge October 4, 1999 Dear Property Owner: This is to inform you that Case No. WA-99-25 which is a request for a 10' side yard setback from the 15' side yard setback requirement for the purpose of building a 2-car garage for property located at 4440 Independence 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 October 28, 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\wa9925cert.wpd (303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a d N'I c v ~ v ' c S a a N Q ' 'a v u $ ~ a ~ ° N d C Z ~ NI K C 7 IM I K K a 0 N W m ~ : . N o E a 2 o C N ~ U L p N ° 1 0 N = N a- ~ a ~O m N m N m ~O m O rn V1 m N m ~O m d x o N m m m m m ° Q rv ~ U m 3 m 3 m 3 3 3 3 3 3 u Q N • O R d M c C n M M . 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