HomeMy WebLinkAboutWA-99-277500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat
FAX 303/235-2857
December 16, 1999
Mr. Jim Pieters
10960 West 4511 Avenue
Wheat Ridge, CO 80033-2932
RE: WA-99-27
Dear Mr. Pieters:
Ridge
Please be advised that at its meeting of December 9, 1999, the Board of Adjustment approved your
request for a 10.6' side yard setback variance from the 30' side yard setback requirement along Owens
Street reducing the setback to 19.4' allowing for a 4-unit town home for property zoned Residential-
Three and located at 10960 West 45" Avenue with conditions.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, December 9, 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-99-27
CABwb.\B0A\C0RRESP\wa9927.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 9th day of December, 1999.
CASE NO: WA-99-27
APPLICANT'S NAME: Jim Pieters
LOCATION: 10960 West 45th Avenue
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-99-27 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 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-99-27 be, and hereby is, approved.
TYPE OF VARIANCE: A 10-foot, 6-inch side yard setback variance from the 30-foot side
yard setback requirement when adjacent to a street producing the setback along the eastern side
of the property to 19 feet, 4 inches, allowing for a 4-unit townhome.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
WA-99-27 be, and hereby is, approved.
FOR THE FOLLOWING REASONS:
Because of the way in which Owens Street was vacated, an irregular shaped lot was
created. By retaining the southern 40 feet of Owens Street as a turn-around for
emergency vehicles, a situation of two different setback requirements along the eastern
property line has resulted. In the absence of this anomalous remainder of Owens Street,
no variance would be required for the design as submitted.
Board of Adjustment Page 1
Resolution WA-99-27
Since the small part of Owens Street right-of-way is not used as a public roadway but
only functions as a turn-around space for emergency vehicles, approval of this request
would not be detrimental to the public welfare.
Approval of the request will not impair the adequate supply of light and air to adjacent
properties or endanger the public safety.
4. Only an approximate 10-foot by 30-foot section of the southeast corner of the impacting
fourth unit encroaches into the 30-foot required setback. The balance of this structure
facing this eastern property line is in compliance with the required setback.
WITH THE FOLLOWING CONDITION:
This variance shall apply only to the design as presented to the Board at the December 9,
1999 meeting (i.e., no extension of approved variance).
VOTE: YES: ABBOTT, BROWN, ECHELMEYER, HOVLAND,
HOWARD, MAURO, THIESSEN
ABSENT: JUNKER
DISPOSITION: A 10-foot, 6-inch side yard setback variance from the 30-foot side yard
setback requirement when adjacent to a street producing the setback along the eastern side of the
property to 19 feet, 4 inches allowing for a 4-unit town home was APPROVED.
ADOPTED and made effective this 9th day of December, 1999.
J'-
BOB HOWARD, Chairman.
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment
Resolution WA-99-27
Page 2
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
December 9,1999
CALL THE MEETING TO ORDER: The meeting was called to order by Chair
HOWARD at 7:30 p.m. on December 9, 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
Linda Mauro
Karen Thiessen
Members Absent: Susan Junker
Staff Present: Alan White, Planning Director
Meredith Reckert, Sr. Planner
Mary Austin, Planner
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of
December 9, 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
Alan White reminded the Board that it is time for election of officers to take place. It was
the consensus of the Board to postpone the election to a later date.
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-99-27: An application submitted by Jim Pieters for a 10.6' side yard
setback variance from the 30' side yard setback requirement along Owens Street reducing
the setback to 19.4' allowing for a 4-unit town home for property zoned Residential-
Three and located at 10960 West 45th Avenue.
This case was presented by Mary Austin. 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 there was jurisdiction for the
Board to hear the case. Staff recommended approval for reasons outlined in the staff
report.
Following brief discussion, the applicant appeared before the Board.
Jim Pieters
9741 Newton Street, Westminster
Mr. Pieters was sworn by Chair HOWARD.
Board Member ABBOTT asked if the applicant had considered building a three-plex
which would eliminate the need for a variance. Mr. Pieters replied that three-plex would
not be economically feasible for him. He also noted that the house next door is built on
an eight-foot setback. He felt this project would afford the best possible use for this piece
of land.
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-99-27 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-
27 be, and hereby is, approved.
Type of Variance: A 10-foot, 6-inch side yard setback variance from the 30-foot side
yard setback requirement when adjacent to a street producing the setback along the
eastern side of the property to 19 feet, 4 inches, allowing for a 4-unit town home.
Board of Adjustment Page 2
December 9, 1999
For the following reasons:
Because of the way in which Owens Street was vacated, an irregular shaped lot
was created. By retaining the southern 40 feet of Owens Street as a turn-around
for emergency vehicles, a situation of two different setback requirements along
the eastern property line has resulted. In the absence of this anomalous remainder
of Owens Street, no variance would be required for the design as submitted.
2. Since the small part of Owens Street right-of-way is not used as a public roadway
but only functions as a turn-around space for emergency vehicles, approval of this
request would not be detrimental to the public welfare.
Approval of the request will not impair the adequate supply of light and air to
adjacent properties or endanger the public safety.
4. Only an approximate 10-foot by 30-foot section of the southeast corner of the
impacting fourth unit encroaches into the 30-foot required setback. The balance
of this structure facing this eastern property line is in compliance with the
required setback.
With the following condition:
This variance shall apply only to the design as presented to the Board at the
December 9, 1999 meeting (i.e., no extension of approved variance).
The motion passed by a vote of 7-0 with Board Member JUNKER absent.
Chair HOWARD informed the applicant that his request for variance had been granted.
B. Case No. TUP-99-05: An application submitted by Medved Chevrolet for approval of
temporary storage and parking of vehicles with a temporary testing/demonstration area
for vehicles being sold at the Medved Autoplex for property zoned Commercial-One and
Agricultural-One and located at 4950 Parfet.
This case was presented by Meredith Reckert. She reviewed the staff report, presented
slides and overheads of the subject property and answered the criteria involved in
granting a temporary use permit. 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 denial of the application for
reasons outlined in the staff report.
Board of Adjustment Page 3
December 9, 1999
PUBLIC HEARING SPEAKERS' LIST
CASE NO: GcI/f- 99-a7 DATE: December 9, 1999
REQUEST
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(PLEASE PRINT)
Spe er Name Address/Phone
In Favor / Opposed
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CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: December 9, 1999 DATE PREPARED: December 2, 1999
CASE NO. & NAME: WA-99-27 CASE MANAGER: Mary Austin
ACTION REQUESTED: Request for a 10.6' side yard setback variance from the 30' side yard setback
requirement when adjacent to a street, reducing the setback along the eastern side of
the property to 19.4' allowing for a 4-unit townhome.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT(S):
10960 West 45' Avenue
James V. Pieters
9741 Newton St.
Westminster, CO 80030
NAME & ADDRESS OF OWNER(S):
Same as Above
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
14,592 ft.'
R-3, Residential-Three
Vacant Land
N_: Residential-Two
S:, W: and E: Residential-Three
SURROUNDING LAND USE: N:, S:, E: and W: Multi-Family Residential
COMPREHENSIVE PLAN FOR THE AREA: Medium Density Residential
DATE PUBLISHED: November 19, 1999
DATE POSTED: November 25, 1999
DATED LEGAL NOTICES SENT: November 19, 1999
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE (X) SLIDES
( ) SUBDIVISION REGULATIONS (X) EXHIBITS
( ) OTHER
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.
d-l
I. REQUEST
The property in question is located at 10960 W. 45th Pl. and is currently vacant. The property is
zoned R-3, Residential-Three. The proposed use of the property for a 4-unit townhome is permitted in
the R-3 zoning district. (Attachment 1, Zoning Map).
The applicant is requesting approval of a 10.6' side yard setback variance from the 30' side yard
setback requirement when adjacent to a street, along the eastern side of the property. (Attachment 2,
Application and Attachment 3, Deed) The purpose of the variance request is to allow for the
construction of a 4-unit townhome. If approved, the structure would be located 19.4' from the eastern
property line. (Attachment 4, Site Plan, Attachment 5, Elevation and Attachment 6, Plat).
The applicant has submitted a letter of request and explanation regarding the proposed development
and variance criteria. (Attachment 7, Applicant Letter).
Pursuant to Section 26-16 (F), of the Wheat Ridge Code of Laws, all structures within the
Residential-Three zoning district must maintain a minimum 30' side yard setback when adjacent to a
public street, Therefore, a 30' setback is required along 45th Ave. (front) and 44th Pl. (rear), as well as
the portion of Owens St. on the east side of the property.
Staff has received no objection to or public comment regarding this variance request thus far
II. CASE HISTORY
As previously stated, this property is zoned Residential-Three and is currently vacant. The property is
relatively flat and fronts on both W. 45th Ave. to the north and W. 44`h pl. to the south. Owens St.,
which has been partially vacated lies on the eastern side of the lot. The property is surrounded by
Residential-Two and Residential-Three zoning.
In 1993 it was determined that Owens St. running between 44' Pl. and 45th Ave. was not needed for
public roadway or right-of-way purposes and a street vacation request was initiated by the City of
Wheat Ridge Public Works Department. The segment of Owens St. considered for vacation was 40'
in width and 115' in length. The Public Works Department and the Arvada Fire District recommended
that only the northern 75' be vacated, leaving the southern 40' to function as a tum-around for
emergency vehicles.
The Planning Commission reviewed the proposed street vacation at a public hearing on July 15, 1993
The Commission recommended approval of the street vacation with the condition that the turn-
around area at Owens St. and 44`h Pl. be retained for emergency vehicles.
At their meeting on September 13, 1993, the Wheat Ridge City Council took action approving the
Owens St. vacation between W. 44th Pl. and W. 45th Ave. with the condition that only the northern 75'
be vacated. The southern 40' of Owens St. was retained a public right-of-way which functions as an
"L-shaped" turn-around for 44' Pl. (Attachment 8, City Council Minutes Sept 13, 1993).
The R-3, Residential-Three district has a 30' setback requirement which applies to all street frontage,
WA-99-27 / Pieters Page 2
Board of Adjustment
/
including the small portion of Owens St. right-of-way. The R-3 district also has a 15' side yard
setback requirement for multi-family (3 or more dwelling units). Therefore, due to the way in which
Owens St. was partially vacated, the property in question is subject to a 15' setback along the northern
part of the east property line and a 30' setback along the southern part of the east property line.
The variance being requested applies to the southern part of the east side of the property which is
affected by the 30' setback requirement. The proposed 4-unit town home structure has no problem
meeting the 15' side yard setback requirement to the north.
III. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
Yes. If the request is denied, the property may yield a reasonable return in service and
income. Since the property is vacant, the owner has many development opportunities, for
permitted principal uses in the R-3 district, that would allow for a structure which could
comply with the required setbacks.
2. Is the plight of the owner due to unique circumstances?
Yes. Because of the way in which Owens St. was vacated an irregular shaped lot was
created. By retaining the southern 40' of Owens St. as a turn-around for emergency vehicles,
a situation of two different setback requirements along the eastern property line resulted. It is
very unusual for a parcel to have street frontage on three sides. These circumstances are
unique to this property.
3. If the variation were granted, would it alter the essential character of the locality?
No. The surrounding neighborhood is currently developed with multi-family uses.
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?
Yes. The irregular shape of the lot was created when Owens St. was partially vacated. The
partial frontage on Owens St. has resulted in a unique and particular hardship for the
property.
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?
WA-99-27 / Pieters Page 3
Board of Adjustment
1 _3
No. The situation prompting the variance request is unique to this property. This lot is
effected by the partial street vacation issue which does not apply to other properties in the R-
3 zoning district.
6. Is the purpose of the variation based exclusively upon a desire to make money out of
the property
No. The proposed development of a 4-unit townhome is a permitted principal use within the
R-3 district. Because of the Owens St. turn-around, a small part of the eastern property line is
subject to a 30' setback requirement instead of what otherwise would have been a 15' side
yard setback requirement.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
No. The hardship was not self-created. The difficulty originated when Owens St. was
partially vacated by the City of Wheat Ridge, leaving a small area for emergency vehicle
turn-around.
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 proposed structure would be located 19.4' from the eastern property line, it
would not be injurious to other property or improvements in the neighborhood. Additionally,
since the small part of Owens St. right-of-way is not used as public roadway, but only
functions as turn-around space for emergency vehicles, approval of the request would 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. Were it not for the Owens St. turn-around the proposed structure would be able to meet
side yard setback requirements. If the request is approved, it will not adversely affect the
neighborhood, increase traffic congestion or endanger public safety.
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
WA-99-27 / Pieters
Board of Adjustment
Page 4
disabilities?
No. The proposed development of the property with a 4-unit townhome would be similar to
and compatible with the surrounding neighborhood. However, there are many permitted
principal uses allowed in the R-3 district which would also be compatible with the
neighborhood and could meet setback requirements. Any permitted use developed on the lot
would be responsible for meeting standard development requirements. Approval of this
request would not result in the reasonable accommodation of a handicapped person.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Upon review of the above request, staff concludes that the above criteria do support the
variance request. The partial vacation of Owens St. and the retention of 40' for turning
movements of emergency vehicles has resulted in two different setback requirements along
the eastern property line. Staff has found that there are unique circumstances attributed to
this request that would warrant approval of a variance. Therefore, staff recommends
APPROVAL for the following reasons:
1. Approval of this request will not be detrimental to the public's welfare.
2. The request is based on a situation unique to this property which affects the eastern
property line.
3. The hardship was not self-created by the property owner.
4. Approval of the request will not impair the adequate supply of light and air to adjacent
properties or endanger the public safety."
WA-99-27 f Pieters
Board of Adjustment
Page 5
OFFICIAL
ZONING MAP
WHEAT RIDGE
COLORADO
MAP ADOPTED: June 15, 1994
Lost Revision: April 19, 1999
jqJw
D&AR4•W OF PLMK G MD DEVgAp W - 235-7852
® AREA REQUIRING SITE PLAN APPROVAL
.i
r,•,•,1 100-YEAR ROOD PLAIN
i•__i (APPROXIMATE LOCATION)
ZONE DISTRICT BOUNDRY
PARCEL/LOT BOUNORY
(DE5IGNATE5 OWNERSHIP)
HATER FEATURE
DENOTES MULTIPLE ADDRESSES
KW 2
,omx
o ~o vc w goo
SCALE 1.400
ATTACHMENT 1
WHEAT LAND USE CASE PROCESSING APPLICATION
o of WHEAT
Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
°
ocoRAa° Phone(303)235-2846 cotoRno°
(Please print or type all information)
Applicant LJFt,`t . Address "~77 $t Phone ~ 3 SIG Sam/
City C ~~~'ri~ ~•'2ST~s? X003 G
Owner Address 4=aii~ Phone
` 0
&r
Location of requeesloT
~G
Type of action requested (check one or more of the actions listed below which pertain to your request.)
❑ Change of zone or zone conditions Variance / Waiver
❑ Site development plan approval ❑ Nonconforming use change
❑ Special Use Permit ❑ Flood plain special exception
❑ C
diti
l U
on
ona
se 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:
Fill out the following information to the best of your knowledge.
Current Zoning: A'
Size of Lot (acres or square footage): ~T
Current use:
Proposed use: `V aJsz
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, l am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cann awfully be accomplished. Applicants other than owners
must submit power-of-attor from the own ich a proved of this action on his behalf.
Signature of A
O
Q,
. C.. Subscribed and sworn to me this an day okc~ . , 19 sq
•
•
G
Cc
cn~;•,p G~: Notar Public
• My commission expires ail 03
Date received
Receipt No. Case No
.
lb
E Mal
Related Case 1v
(
Zoning
_ Quarter Section Map
:NT 2-?
Filed far record th _day of,A.D. 19 a: o'clock M.
Receo-icn Ha. -
IVAMR A-'N TI DEED
THIS DEED, Made on this day of October 12. 1999
between CHESTER L. HOLSTEIN .
of the County of JEFFERSON and State of Colorado of the Grantor(s), and
JAMES C. PIETERS AND PAMELA J. PIETERS
•.:hose Legal address is : 9741 NEWTON ST..%VESTM INSTER CO 50071
or the County or JEFFERSON and State of 'Colnradu of the Grantee(s):
)VITNESS, That the Grantor(s), for and in consideration of the sum of ( 550.000.00 )
Firq• Thousand and 00/100
DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, said and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever,
not in tenancy in common but in joint tenancy, at( the real *property, together with improvements, if any, situate,
lying and being in the County of JEFFERSON and State of Colorado, described as follows:
LOT 2. C. HOLSTEIN , IINOR SUBDI VISION, CO,FINTY OF JEFFERSON. STATE OF COLORADO.
'SID D~"ume:ltary:'eo
i
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also known as street number VACANT LAND. WHEAT RIDGE, CO SOOIJ CC)
TOGETHER with all and singular and hereditaments and appurtenances thereto 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(s), either in law or equity, of, in and to the above bargained
premises with the hereditaments and appurtenances;
TO II.AVE.AN'D TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant
bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the enseaLing and delivery
of these presents,- he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in Law, in fee simple, and has good right, full power and Lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS . AND SUBJECT TO THOSE
EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMIT?TENT NO. B6S9751 ISSUED BY LAND TITLE GUARANTEE
COMPANY.
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN \t'ITNESS\VHEREOF the Grantor(s) has executed this deed on the date set forth above.
Y^
HEATHER PEDERSEN
~ t
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 07-29.2^00
STATE OF - Colurado )
County of JEFFERSON )
by
The foregoi
CHESTER L. HOLSTEIN
. t0.VE
I nstrument was acknowledged before me on
My commission expires
Witness my hand and official seal.
1S day of Uctnber 12. 1999
Escrow: [689751
Title' 8689751 When R eA Return to: JAMES V. PIETERS AND PAMELA J. PIETERS
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OF THE 6th P.M..
CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON. STATE OF COLORADO.
NOTES:
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ACKNOWLEDGEMENT:
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PLANNING COMMISSION CERTIFICATE:
M am aalrr w im ~ fQ m ~ 411LwO wit 114114111 ar0e0Y OF 1 all or 4110 tell, rar>
arrr
MAYOR'S CERTIFICATE: I
"on mmrr w at wall s 41r/a u11ar. w anla a ,m wall ar/ra am a 1[
am as 10110 a1a M111041 1111 wa alat 4111 almr me/ raa1.
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rm
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CLERK k RECORDER'S CERTIFICATE: SEAL
lra all ma.aN i{ e
alum w alma)
l mall aam w 1110 l1N M iXruaa fir. a 1K Jj% ewe a ,110
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James Pieters
9741 Newton St.
Westminster, CO. 80031
303-438-0881 fax 303-438-0471
City of Wheatridge
7500 W.29 Avenue
Wheatridge, CO. 80033
October 25, 1999
re. Set back variance to vacant ground located at 44th Place and Owens Street
To whom it may concern,
The purpose of this request to grant a variance is to adjust the set back requirements along
the vacated Owens Street. The present setback requirement is 30 feet. This request
would allow a setback of approximately 19.5'.
The proposed development site at 44th Place will consist of a 4-Unit, 2 Story,
Townhouse type building. The current area west of Owens Street consists of older single
family and multi family units. Just east of Owens Street are newer multi family
Townhome, Duplex style homes. This proposed development would upgrade the area and
put the vacant land to it's highest and best use without adversely affecting the area. The
development will put otherwise vacant ground into use and the public area would be
upgraded by new utility improvements like curb, gutter, sidewalks and landscape.
The current setback rules effect the property adversely due in part to the way that Owens
Street was vacated. The home that borders the vacated Owens Street on the east of the
property was built in 1997. This home was allowed only an 8 foot setback.
In an effort to assist you I have enclosed answers to the questions as provided to me in the
WHEATRIDGE CITY CODE pamphlet. Supp. No. 5 pages 1696 & 1697. You will
find these on page 2 attached. I hope you will find this helpful.
In closing I would like to ask that the city grant the request for the setback change. I
believe the surrounding community will benefit from the improvements that will be done in
order to complete the project. Thank you for your assistance in this matter. Should you
have any questions or concerns please feel free to contact me. I look forward to doing
business with you.
Sincerely, ;
James Pieters
ATTACHMENT 7
WHEATRIDGE CITY CODE
Supp. No. 18
pages 1696-1697
1) NO, as I understand the question. If the variance is not granted the site would only
allow for a 3 unit building to be constructed on the site. This would not be cost effective.
2) YES, I believe that due to unusual circumstances the city was forced to configure the
property in an abnormal fashion. Due to the vacated street and unusual configuration the
property cannot be put to it's highest and best use as is.
3) NO, In fact granting variation would enhance the character of the locality.
4) YES, as mentioned in No. I the project would become ineffective cost wise and may
have to be abandoned.
5) NO, this petition has nothing to do with other properties within this zoning
classification.
6) NO, this variance offers the opportunity to bring the property to it's highest and best
use.
7) NO, the difficulty was created by the configuration of the vacated street.
8) NO, In fact the variance would benefit the other properties in the area.
9) NO, Currently Owens Street is blocked so that fire trucks cannot turn around there.
This variance will open that area an easy place for the trucks to get through.
10) YES, The proposed development for this property will upgrade the area and perhaps
the values of the surrounding properties if only from an aesthetic perspective. Naturally
the tax base from the 4 units will be a benefit to the entire community.
/4-/3
CITY COUNCIL. MINUTES:
• Item
September 139 1993
Page -3-
Application by R 6 J Associates for approval of a combined
preliminary and final subdivision plat for property locateo at
approximately 10800 West 45th Avenue, Wheat Ridge.
r. (Case No. WS-93-1)
Motion by Mr. Selsted that Case No, WS-93-1, a request for approval of a
T9 of final subdivision plat for property located at 10800 W. 45th
Avenue, be approved for the following reasons: 1. All requirement of
the Subdivision Regulations have been met. 2. Staff recommends
approval. With the following conditions: 1. A note be added to the
find plat that no construction be aalowed on Lot 1 until the title has
been cleared. 2. If Case No. W"-93-10 is not approved. t five foot
right-of-way dedication occur for Owens Street and the 1-..s along the
south of West 4:ith Avenue be adjusted accordingly. The developer will
be responsible iror sidewalk construction across the pedestrian easement;
seconded by Mr. Flasco; carried 7-1 with Vance Edwa^ds voting no. Mr.
Edwards feels there are too many M13-CO=UJiQatiOns that need to be
cleared up prior to approving this plat.
council Bill 24 - An Ordinance vacating an unused portion of
Owens Street between kest 44th Place and West 45th -enue
within the City of Wheat Ridge, County of Jefferson, State of
Colorado.
(Case No.rQ*Ad§0 ,
Council Bill 24 was introduoed second reading by Vance Edwards; title
read oy the Clerk; Ordinance No. 939 assigned;
Motion by Vance Edwards that Case No. WV-93-10, a request for approval
of a right-of-way vacation for an unused portion of Owens Street between
West 44th Place and West 45th Avenue, be approved for the following
reasons: 1. No properties will be land-locked if it is vacated; 2. It
is not needed for general circulation in the area; and 3. Staff and
Planning Commission recommend approval. With the following conditions:
1. Only the northern 75 feet be vacated; 2. A utility and maintenance
easement be reserved over the entire 40 feet; and 3. A pedestrian
easement be reserved over the vacated portion, and a sidewalk be
developed by the property owners to the east; seconded by Phil Edwards;
carried 8-0.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4. Resolution 1363 - authorizing the City of Wheat Ridge to become
a member of the Joint and Cooperative Intergovernmental
Agreement for a Greater Metro Cahle Consortium with Municipal
Corporations, Cities and Counties and Political Subdivisions of
the State of Colorado.
Resolution 1363 was introduced by Mr. Flasco; title read by the Clerk.
Motion by Mr. Flasco for the adoption of Resolution 1263; seconded by
Mr. Eafanti; carried 8-0.
AW ATTACHMENT 8
7500 WEST 29TH AVENUE
F O. BOX 638 The City of
WHEAT RIDGE. CO 8003-0635 1303) 23-5900 cWheat
City Admin. Fax # 234-5924 Police Dept. Fax = 2352949 GRidge
POSTING CERTIFICATION 6
CASE NO. G>J,q- 9q Z 7
PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One)
HEARING DATE: ~e l ~ 9i 1,q 9 9
I,
Ci ~rzF ' ~f~~ S
n a m e
residing at '57 74f/ 114- --6rc
(a d d r e s s)
as the applicant for Case No. Z-
J z! I- coq- `7 hereby certify
that I have posted the Notice of Public Hearing at
/
(1 o c a t i o n)
on this 2 day of 19 gam, 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.
Signatu;~he ~ r
NOTE: This form must be submitted 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
~3
f.~ j
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 December 9,1999, 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:
1. se No. WA-99-27: An application submitted by Jim Pieters for a 10.6' side yard
setback variance from the 30' side yard setback requirement along Owens Street reducing
the setback to 19.4' allowing for a 4-unit town home for property zoned Residential-Three
and located at 10960 West 45" Avenue.
2. Case No. TUP-99-05: An application submitted by Medved Chevrolet for approval of a
temporary storage and parking of vehicles with a temporary testing/demonstration area
for vehicles being sold at the Medved Autoplex for property zoned Commercial-One and
located at 4950 Parfet.
3. Case No. TUP-99-06: An application submitted by John Elway AutoNation for an
extension of TUP-98-08 allowing for employee and service vehicle parking on the south
side of the current Friendly Ford facility zoned PCD and located at 3601 Wadsworth
Boulevard.
Barbara Delgadillo, Rec ding Secretary
ATTEST:
Wanda Sang, City
To be Published: Wheat Ridge Transcript
Date: November 19, 1999
C:\Barbara\BOA\PUBHRGS\991209pub.wpd
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80215 Wheat Ridge
FAX 303/235-2857
November 16, 1999
Dear Property Owner:
This is to inform you that Case No. WA-99-27 which is a request for approval of a 10.6' side
yard setback variance from the 30' side yard setback requirement along Owens Street reducing
the setback to 19.4' allowing for a 4-unit town home for property zoned Residential-Three and
located at 10910 West 45`h Avenue 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 December 9, 1999, at 7:30 p.m.
All owners and/or their legal 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 person 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\wa9927certlener.wpd
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COUNTY Cl~ JE~F~ERSON, STAT~~ DF~ ~~~~RA TOWNSHIP' 3 SOUT NOTES:
r
2AD~~ DATE TIME--------, C. HOLSTEIN MINOR SUBDIVI BEING A PART OF THE NORTHWEST ONE-QUARTER OF
1. This Subdivision Plat does not constitute a search of the pi~~lic records by Ku
with regard to ownership or easements of record. We have relied upon Title Se J=
Commitment to insure No. 29868 for these items.
2. Set a No. 5 rebar with "sure-cap stamped "Linn Inc. ~'LS 14112" set
or as noted otherwise. M.~.~....~....a.
3• NOTICE: ACCORDING TO COLORADO LAW, YOU MUST CO~~MENCE ANY ~EGA ACTION BASED UPON ANY DEFECT IN THIS I~lP~QVEMENT SURVEY
PLAT WITHIN THREE YEARS AFTER YOU FIRST uI~CJ`'ERED I-
SUCH DEFECT. IN NO EVENT MAY ANY LEGAL ACTION BASED U ANY DEFECT Ih THIS IMPROVEMENT SURVEY ~,}4T BE S
J
COMMENCED MORE THAN TEN YEARS FROM TF-E DATE OF THE
CERTIFICATION SHOWN HEREON.
4. ANon-Exclusive Utility Easement is reserved over the entire 40 feet of the pr Ordinance No. 939 recorded under Reception No. 9314355.
* a+IMrA- +rww
5. ANon-Exclusive Utility Easement is reserved over the ent;re portion of the pro .,3.
Ord+nance No. 1106 recorded under Reception No. F0575700
~-°-a ~~~r r
6. General utility easements: 8' wide along sides, except as noted; 10' wide alon granted on private property of eQCh lot in the subdivision or dotted area. Thes r'' ~y~ ,r' g=
for the installation, maintenance, and replacement of electric, gos, television ca facilities. Utilities shall also be permitted within any access ~:asements and priv Permanent structures and water meters shall not be permitk~3d within said utilit
_a -
UTH, RANGE 69 WEST OF THE 6th P.M., CITY OF WHEAT RIDGE, CO PAGE 1 OF 1 PAGES a -
Y
by Kurt 0. Linn, Inc., 'JOr!n I %a -
itle Services, Incorporated ~ - 1
~o~ngen n9 Ne;c _
'f;~,n:i 25'~
-1 3no~c ~'S4,
t ~f tie
Found ~To. 3 Rebar ~a
5'8.1~~' West of Sec. Line . ,
528' = Record `:89' 5'25"w (as ode
i. s , ~~~r~r,r~ rya 1l _ - i~~ - c~. Jc~~so~ fit. ~'al~. 3►, ~r~r~, ~ ,
0 ! ~ 1 } x`59 --'~~9~
ROW Book 777 Page 342 # , # N~r~ QedtCC~~~d
0 € C~ 4 vI
N We~~ 45th Place ~ ;
.,~.....Y.._ 4 ~ n
Q~ O • ~ v t~ ir' I ~ , ; f
~ 4. 7 5 r i _L..J ~ 1.' J r" _ - r ~ ~ t } ~ ~ 4 ~ r ~ ~ ~ ~
'+f! rhea C:~ 7 8 ~ o ~ur~~~t~~~^~ .3` Y s,, U}
S~~ i1Q~~ ~J. ~ ~ ~ ~7~' C~~~ ~1_
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Y K
Q,) U N P L A T T E D a ~ F[ 1 ~4 / }y YY ii' ~ J V ~ r`
0 3v ~-i Owner: o i~ a ~ J o+w Y
Richard J. Schroeder p ~ u~.~ q )
5717 Mcintyr~ Street Z r c ~ ~V _ ~ I t
Golden. Colorado 80403 a ~6~
Zoned: R-3 One Story t
4--a ' t'~- .
i 1 !"ti~► i ~ t,~ C7 L
't f 4^Y ~
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Found No. 3 Rebar a.~s~ F J
0 i , ~I~ ~ i ~t .V~ v ~ ~ K~ _ ~D R 1 F y
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ROW Book 838 Page 471 W~st, 44th -C.S
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SURVEYOR'S CERTIFICATE: 9-
I. Kt1RT O. LINN_ JR__ A REGISTERED SURVFYnR iN THE STATE nF C(~1 C~RAf1n tX~ HEREBY (`FRTI~Y THAT Tl~IF
C. HOLSTEIN MINOR SUBDIVISION WAS MADE UNDER MY DIRECT RESPONSIBILITY, SUPERVISION AND CHECKING, LdIlkI^ i►1 A/"%^ ^Mr%A&,I^r- 1,l1"!"I1 Ar%r%i 1/"1Ai' I i- ) s5
COLORADO STATUTES, AND THE ACCOMPANYING PLAT ACCURATELY REPRESENTS SAID SURVEY. ~ . I COUNTY OF JEFFERSON
i 2 1, Township 3 ~
Case History APRIL 25. 1997 West of the 6th PM ~ Bross cep I HEREBY CERTIFY THAT THIS PLAT WAS FLED IN MY OFFICE AT -O'CLOCK NM. C ON THE --------DAY OF _ 1998
DATE OF SURVEY: KURT 0. LINN, JR. ana I ti~~ l \ AND IS DULY RECORDED IN PLAN FILE
WV-98-1 Rev.: 6-9-98 P.L.S. NO. 141 12 rte. R•
MS-98-2 7575 WEST 23RD LAKEWOOD, CO. 80 PHONE # 233-117
DEPUTY
DRAWING INDEX
NO. DESCRIPTION
0
Al SITE PL..~.N LANDSCAPE PLAN
A2 FOUNDATION PLAN, SECTIONS
~3 FIRST FLOOR PLAN, SECTIONS
A4 SECOND FLOOR PLAN, SECTIONS
AS ELEVATIONS, SECTIONS
Aro FLOOR FRAMING PLANS
A7 ROOF PLAN, SECTIONS
P.g HEATWC, ELEGTRIGAL, PLUMBING PLA WEST 44 TH PLACE r
5
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Case No.:
A9927
Quarter Section Map No.: NW21 =
App: Last Name:
Pieters
Related Cases:
App: First Name:
ames I
Case History:
Request for 10.6' variance
Owner: Last Name:
I
ame
rom 30' side yard setback
Owens
t alon
i
___J
g
remen
requ
[Street. Reducing setback to
Owner: First Name:
App Address:
9741 Newton_Street, j
Review Body:
City, State Zip:
estminster,CO 80030
-
App: Phone:
303-438-0881
APN.
~
Owner Address:
ame
2nd Review Body:
City/State/Zip:
2nd Review Date:
Owner Phone:
_
Decision-making Body
: Board of Adjustment
Project Address:
10910
Approval/Denial Date:
121911999
Street Name:
est 45th Avenue
Reso/Ordinance No.:
City/State, Zip:
Case Disposition:
pproved
Conditions of Approval: Variance shall apply only to
he design as presented tc
-
-
he Board at the 12-9-99
meeting (no extension of j
District:
Project Planner:
14 ustin
File Location:
Closed
Date Received: 111111999
Notes:
:
Follow-Up
Pre-App Date:
R yea
0o a ell-I