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Home My WebLink AboutWA-99-287500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Meat FAX 303/235-2857 February 2, 2000 Mr. Jeff Nielsen 3281 Routt Street Wheat Ridge, CO 80033-2932 RE: WA-99-28 Dear Mr. Nielsen: Ridge Please be advised that at its meeting of January 27, 2000, the Board of Adjustment DENIED your request for a 10 foot side yard setback variance from the 15 foot side yard setback requirement allowing for a 24' x 24' detached garage located at 3281 Routt Street. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting. 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, d" Barbara Delgadillo Senior Secretary /bd Attachment: Certificate of Resolution cc: WA-99-28 C:\Barb=\BOA\CORRESP\wa9928.wpd CERTIFICATE OF RESOLUTION I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado on the 27th day of January, 2000. CASE NO: WA-99-28 APPLICANT'S NAME: Jeff Nielsen LOCATION: 3281 Routt Street Upon a motion by Board Member THIESSEN and second by Board Member ABBOTT, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-99-28 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 written protests registered against it. 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-99-28 be, and hereby is, DENIED. FOR THE FOLLOWING REASONS: The Board finds that a hardship does not exist because there is adequate room on the site for locating the garage to avoid the physical features indicated on the site plan and still meet the required setbacks. 2. If the variance were granted, it could alter the essential character of the locality. 3. This hardship is self imposed because of the applicant's desire to add another garage. There is no topographical or other consideration for the property since it is rectangular and flat. 4. If the variance were granted, it could potentially impact the amount of light and air to the adjacent property. Board of Adjustment Resolution No. WA-99-28 Page two (2) VOTE: YES: ABBOTT, ECHELMEYER, HOVLAND, HOWARD, JUNKER, MAURO, THIESSEN NO: BROWN DISPOSITION: A 10-foot side yard setback variance from the 15-foot side yard setback requirement in an R-1,zone district for the purpose of constructing a 24-foot by 24-foot detached garage was DENIED. ADOPTED and made effective this 27th day of January, 2000. BOB HOWARD, Chairman Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment No storage of any kind, fence, playground equipment or any other item which could in any way impact the flood storage area or the flood way shall occur within the flood storage area or flood way portion of this property. This shall include areas under the elevated portion of this structure. 3. Bob Goebel, Director of Public Works, shall review the engineering questions outlined in a letter to the Board, dated January 26, 2000 from William G. Polivka, 12001 West 32nd Drive and determine their merit as related to this case. Board Member THIESSEN questioned the accuracy of the elevation figure of 5,447.1 feet. Bob Goebel stated that he would verify the elevation to make sure that it is one foot above the highest water surface point on the property. Board Member ABBOTT commented that if Mr. Goebel's review of Mr. Polivka's letter reveals a negative impact, the matter would come back to the Board of Adjustment. Mr. Trieste commented that the one-foot elevation as defined by FEMA cannot be changed. Board Member ECHELMEYER stated that he would vote against the motion based on his obligation to the surrounding neighbors in regard to potential flooding problems. Board Member THIESSEN asked what the applicant's options would be if the application were to be denied. Meredith Reckert explained that the applicant could appeal to the District Court. Also, if he changed the application and brought in new information, he could reapply. A vote was taken on the motion which carried by a vote of 7-1, with Board Member ECHELMEYER voting opposed. Chair HOWARD advised Mr. Storrer that his application had been approved. (Chair HOWARD declared a recess at 9:15 p.m. The meeting was reconvened at 9:20 p.m.) B. Case No. WA-99-28: An application submitted by Jeff Nielsen for approval of a 10-foot side yard setback variance from the 15-foot side yard setback requirement in an R-1 zone district for the purpose of constructing a 24-foot by 24-foot detached garage on property located at 3281 Routt Street. This case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property and answered the 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 denial of the application for reasons outlined in the staff report. Board of Adjustment Page 01/27/00 Board Member HOVLAND questioned the 10-foot rear yard setback. Mary Austin explained that the standard rear yard setback is five-feet, but ten feet are required in this case due to an existing utility easement. Jeff Nielsen 3281 Routt Street Mr. Nielsen, the applicant, was sworn by Chair HOWARD. He explained that his request for the variance is due to the high water table in the middle of his back yard. With a variance, he could locate his garage outside of the high water table situation. He would also like to keep as much open space in his back yard as possible. He noted that he has already lost five feet due to the easement. There is a 7-inch caliper tree in the back yard which he would like to save. If the variance is not granted, this tree would be about a foot from the garage. He also wants to keep a straight driveway. He had two exceptions to the variance criteria: (1) Criteria No. 3 states that there are currently no encroachments into side yard setbacks in this neighborhood; however, there are several situations in his neighborhood where such encroachments exist. (2) Item No. 6 states the existing garage for the home currently meets required minimum side yard setbacks. He stated that he currently has 14.5 feet, rather than 15 feet. He also felt there were two unique circumstances associated with his request. The first unique circumstance is the water that flows under the surface through the yard; and the second circumstance is the 5-foot easement which results in a 10-foot rear yard setback. Mr. Nielson also obtained signatures from the four adjacent property owners indicating they did not object to such a variance. In response to a question from Chair HOWARD, Mr. Nielsen stated that there would be no need to move the street light to accommodate the driveway. Upon a motion by Board Member THIESSEN and second by Board Member ABBOTT, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-28 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 not 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-99-28 be, and hereby is, denied. Board of Adjustment Page 8 01/27/00 Type of Variance: A 10-foot side yard setback variance from the 15-foot side yard setback requirement in an R-1 zone district for the purpose of constructing a 24-foot by 24-foot detached garage. For the following reasons: The Board finds that a hardship does not exist because there is adequate room on the site for locating the garage to avoid the physical features indicated on the site plan and still meet the required setbacks. 2. If the variance were granted, it could alter the essential character of the locality. This hardship is self imposed because of his desire to add another garage. There is no topographical or other consideration for the property since it is rectangular and flat. 4. If the variance were granted, it could potentially impact the amount of light and air to the adjacent property. The motion for denial passed by a vote of 7-1 with and Board Member BROWN voting opposed. Chair HOWARD informed the applicant that his request for a variance had been denied. C. Case No. WA-00-01: An application by Jayne Armstrong for approval of a 360 square foot variance from the maximum building coverage of 600 square feet for the purpose of constructing a 960 square foot detached garage on vacant property zoned R-3 and located south of 7650 West 47th Avenue. This case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property and answered the 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 with conditions and reasons outlined in the staff report. Ms. Austin distributed copies of a court case decided in 1971 concerning this property. This case concerned the covenants of the subdivision when originally platted. There was a restriction that only single family residences be allowed; and that no multi-family dwellings would be allowed. The court did find that the covenants are not superseded by the city's zoning ordinance. However, it is staff's opinion that the request for variance is still valid because it does not conflict with single family residential requirements. Board of Adjustment Page 9 01/27/00 In response to a question from Board Member THIESSEN, Mary Austin explained that if the lots are consolidated, the zoning would remain the same. Jayne Armstrong 7650 West 47th Avenue Ms. Armstrong, the applicant, was sworn by Chair HOWARD. She stated that she is an antique car collector and would like to purchase the subject lot adjacent to her property to build a four-car garage to store her cars. She stated that she does not intend to use the garage for a business, but only for her own personal use. She plans to locate the garage twenty feet from the west side of the fence so she would still have the use of both of her driveways. The garage will be a Tuff Shed structure. In response to a question from Board Member HOVLAND, Ms. Armstrong stated that if the variance request were to be denied, she would not purchase the property. Board Member HOVLAND asked if Ms. Armstrong would be required to pave the first twenty feet of her driveway and, if so, would she have to pave both sides. Meredith Reckert replied that she would only be required to pave the first twenty feet of one side of her driveway. Zach Armstrong signed the public hearing roster but indicated he did not wish to address the Board. Debbie Fidrich 7737 West 46th Avenue Ms. Fidrich was sworn by Chair HOWARD. She requested that the Board's decision be based upon the residential guidelines which have previously been established. She stated that she was not opposed to the proposed garage as long as it was used for storage and not repair of automobiles. Steve McAden signed the public hearing roster but indicted he did not wish to address the Board. Pat Fisher 7609 West 47th Avenue Ms. Fisher was sworn by Chair HOWARD. She stated that Jayne Armstrong and Steve McAden informed Ms. Fisher that she was planning to purchase the lot adjacent to her property for the purpose of erecting a four-car garage. When asked if she planned to do car repair and refurbishing, Ms. Armstrong said no; however, Mr. McAden said they would be doing repair, but would not be gunning engines. She expressed concern about the garage being turned into a car repair facility and asked, if this happened, that the garage be screened from view of 46th Avenue and limit be placed on noise. She also asked that cars not be stored on the property while waiting for repair. She stated that she would have no Board of Adjustment Page 10 01/27/00 WA-99-28 / Nielsen N 0 50 100 Fee 3281 Routt St. t E PUBLIC HEARING ROSTER Case No. LU A/i°L/CiJUT - 9 9 Date: January 27, 2000 REQUEST: ' J~~r v;=cs-v- /o' S/Oc ~~c/~ ScZS.~c~C 21 u--r- S - Name (Pleaseprint) Address/Phone In Favor/Opposed CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: January 27, 2000 DATE PREPARED: January 20, 2000 CASE NO. & NAME: WA-99-28/Nielson CASE MANAGER: Mary Austin ACTION REQUESTED: Request for a 10' side yard setback variance from the 15' side yard setback requirement in an R-1 zone for the purpose of constructing a detached garage. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): 3281 Routt Street Jeff Nielsen 3281 Routt Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): Same as Above APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: COMPREHENSIVE PLAN FOR THE AREA: 17,574 ft z R-1, Residential-One Single Family Residential N:, S:, and E: Residential-One W: Residential-One A N:, S:, E: and W: Single Family Residential Single Family Residential (4 do's per acre) DATE PUBLISHED: January 7, 2000 DATE POSTED: January 13, 2000 DATED LEGAL NOTICES SENT: December 29, 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. 4-1 I. REQUEST The property in question is located at 3281 Routt Street and is currently being used for single family residential. The property is zoned R-1, Residential-One. (Attachment 1, Zoning Map). The applicant (owner) is requesting approval of a 10' side yard setback variance from the 15' side yard setback requirement in the Residential-One zoning district. (Attachment 2, Application and Attachment 3, Deed). The purpose of the variance request is to allow for the construction of a detached garage. (Attachment 4, Survey and Attachment 5, Site Plan). II. SITE PLAN The applicant is proposing construction of a 24'x 24' detached garage in the rear yard of a single family residence. Pursuant to Section 26-10 (F), of the Wheat Ridge Code of Laws, detached garages within the Residential-One zoning district must maintain a minimum 15' side yard setback. The variance requested by the applicant would permit placement of the detached garage within 5' of the north property line (side yard). The applicant has submitted a site plan showing the proposed location for the detached garage (Attachment 5, Site Plan). He has also submitted a letter to the Board of Adjustment outlining the reasons for the requested variance (Attachment 6, Applicant Letter). It is the desire of the applicant to locate the detached garage so as to avoid features shown on the site plan. One of the features is a 7" caliper tree. The tree depicted on the site plan is not present on the City's aerial photography taken in the Spring of 1996. Therefore, it has been planted in the past few years. It is not known when the tree was planted or if the tree was planted by the present homeowner The other physical feature identified by the applicant on the site plan is an area described as having a high water table. At the request of staff, the applicant has included water table notes on the site plan explaining his source for the high water table information. To staff's knowledge, the water table depth has not been certified by an engineer. The City has no information regarding a high water table in this area. The property is not located within a flood zone. In addition to the physical features, the applicant states further reasons, in his letter, for requesting the variance. These include aesthetic reasons, a desire to maintain a straight driveway, and to minimize unusable space on the north side of the garage. The initial site plan submitted by the applicant contained signatures of four adjacent property owners indicating that they had no exceptions to the requested variance. At the request of staff, the applicant submitted a revised site plan showing the physical features cited in the applicants letter of request (tree location, water table notes, and proposed elevation). Staff has retained the initial site plan with the adjacent property owner signatures for the case file. Staff has received no objection to or public comment regarding this variance request thus far. Board of Adjustment WA-99-28/Nielson Page 2 M. 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. The size and shape of the lot does allow for construction of a detached garage which could comply with the required setbacks. 2. Is the plight of the owner due to unique circumstances? No. There are no unique circumstances attributed to this property. At 17,574 sq. ft., the size of the parcel is approximately 5,000 sq. ft. larger than the minimum lot area for the R-1 district of 12,500 sq. ft. There is adequate room on the site for locating the garage to avoid the physical features indicated on the site plan (tree and water table) and still meet the required setbacks. 3. If the variation were granted, would it alter the essential character of the locality? Yes. Approval of this request could alter the essential character of the neighborhood. The surrounding neighborhood on Routt St. is currently developed with single family residential homes on larger lots which exceed the R-1 minimum of 12,500 sq. ft. There are currently no encroachments into side yard setbacks in this neighborhood. The requested variance is rather significant since it would reduce the side yard setback by 2/3. It should be noted, however, that the adjacent property on the rear (west) is zoned R-lA for smaller lot residential which has a minimum side yard setback of 5' for detached garages. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. The lot in question has a typical rectangular shape and is relatively flat. The lot is of sufficient size to accommodate a detached garage which could comply with the required setbacks. There is no unique or 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? Yes. Other property owners in the same zoning classification may request the same type of variance. Each application is reviewed on a case-by-case basis and evaluated based on the circumstances pertaining to each request. Therefore, the outcome may be different. Board of Adjustment Page 3 WA-99-28/Nielson 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property No. The property is currently being used as single family residential. The proposed construction of a detached garage is a permitted accessory use in the R-1 zoning district. The existing garage for the home currently meets the minimum side yard and front yard setbacks for R-1 zoning, so it is not possible to add on additional attached garage space. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The applicant, who has sole interest of the property, has created a self-imposed hardship. There are other alternatives for locating the detached garage on the property that would allow it to meet the required side yard setback. 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. Although there are no other side yard encroachments in the neighborhood, approval of this variance should not be detrimental to the public's 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. Yes. The requested variance, if approved, would permit the detached garage to be located 5' from the north (side) property line instead of the required 15'. This shortened separation from the adjacent property could potentially impact the amount of light and air to the adjacent property. 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? No. The altered location of the detached garage would result in an individual benefit to the property owner and would not produce a benefit or contribution to the neighborhood or community. Approval of this request would not result in the reasonable accommodation of a handicapped person. Board of Adjustment Page 4 WA-99-28/Nielson VI. STAFF CONCLUSIONS AND RECOMMENDATION Upon review of the above request, staff concludes that the above criteria do not support the variance request. The property in question is a typical rectangular shape and is of sufficient size to permit construction of a detached garage which could comply with the required setbacks. Staff has found that there are no unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following reasons: I . The plight of the owner is not due to unique circumstances. 2. The conditions involving the property have not resulted in a particular hardship upon the owner, but are a mere inconvenience. 3. There are other alternatives for locating the detached garage on the property which would allow the structure to meet required setbacks. 4. The hardship was self-created by the property owner. Board of Adjustment - Page 5 WA-99-28/Nielson r W 38tH AVE - - - - R-3 xl T - N CC) l R-IA' 1~- 5LH UL F B N x H axD Arc W 33 AV5 O w III X11 YD_I• .Q N OFFICIAL ZONING MAP WHEAT QIDGE COLOQADO MAP ADOPTED: June 15, 1994 Last Revision: July 14, 1999 az co 1 F 13 ) N Oyu ~ c) 9 ax W OIL w~ >u Q i3 Q ~ = A ~ I W 3'1W AVE L OWEKA OD "'i 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) CITY LIMIT LINE - - WATER FEATURE + DENOTES MULTIPLE ADDRE55E5 W 35tH AYE 1:~~ O I 3 h 0 NW 25 o m wo zo m •ao SCALE 1.400 ATTACHMENT D&ARitFM OF F.NJ3h'G MD OEVEI.t1Pf01T -235.7851 1 °F wHeq P LAND USE CASE PROCESSING APPLICATION a ice/ ~ o ° Planning and Development Department ^I 7500 West 29th Avenue. Wheat Ridge, CO 80033 W °ocoRno° Phone(303)235-2846 oenoo (Please print or type all information) Applicant e. Address Z Phone o Z 'b City lj ~i~Ca P Owner 'a wN<2- Address Phone City Location of request (address) c3 ry\ e.- Type of action requested (check one or more of the actions li sted 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 ❑ 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: e i c. aG 2 Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square footage): Current use: Proposed use: !!5a rn 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-attorney, fro the owner which approved of this action on his behalf. Signature".of Applica Subscribed and sworn to me isday of 9 Q Notary P blic O l~ M i i y comm ss on expires Date received Receipt No. Case No. - 9 q Related Case No. n Zoning ter tion Map 1 u Al 1A%%prLMGI1 a ` Dec, 21. 1999 3:24PM No, 2019 P, 2/3 RECEPTION NO. f06676E8 32.68 POI No. 236 RECORDED IN JEFFERSON COUNTY, COLORADO 87061998 1206130 FRAME 0141 WxY >o>~ =12 made tare day of August 3, 1996, aatnaen 'i %MOM" X. HEST, JR., %Su=, nit" JAM=y 19, 1990 of the County of JEiaSRBDm and $tat& of C0Z"1D0. 9rmtos, and jxyr z7 C. _ county whoa. Segal addmea is 3211 Ro= STASat, limit 1IDCi, COLORADO BUM; of the of J>EP7=09 and State of COLORADO , gaetae= . IMMSO , tba the grlatoi, for and in muidcatima Of the em of 1168,800.00 hOFiiar tba reaeipk and sufficiency of whidl i• herany tdlmoaled0a4 bu m. 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APPROXIMATE LOCATION OF FLOWLINE IN RIGHT OF WAY #3291 - LOT 6 I i I I Y 174.35' 5' WIDE EASEMENT PER RECORDED PLAT I r - - - - - - - - - - - - r < a a 22.8' n O 9' ° I o 0 I wO u CONCRETE u I GARAGE DRIVEWAY ;0 1 #3281 LOT 5 J.<' 2.5' w o{ O 2 -STORY I--a BRICK d FRAME i _ RESIDENCE I i w CONCRETE w 2.2' PORCH I u < CONCRETE PATIO 25.5' wo I I o L s 5' WIDE EASEMENT PER RECORDEDry PLAT 174.35' FOUND PIN @ CAP ' LOT 4 ' I i - APPROXIMATE LOCATION OF i FLOWLINE IN RIGHT OF WAY 1.L1PROl1E.flEll/T L OCA T/ON CERT~F/CA TE / h'EREBY CERi-iFY THAT Th7S AIPROVEA/ENT L OCW rION CERTLF/C,4 TE JYAS 0RE0.41?E0 FOR ACACIA MORTGAGE THAT /T IS NOT A "NO SURYEY PLAT OR A/PROVEA/ENT SURVEY PLAT, ANO THAT IT b' NOT TO BE RELIED UPON FOR THE FSr49Lf171/ENT OF FENCE. BUILOINa OR OTHER FUTURE /A/PROVEAfENT LA?IAES. H LL1 Ld co - y a 1~ N / FURTh'ER CERTIFY THAT THE IA/PROYEAIENTS ON THE 490YE OESCRIBED PARCEL ON r///S DATE 7- 20-98 EXCEPT UTf ITV CONNECTIONS. ARE EN514EL Y #7,rll/N THE BOUNOA.4/ES OF THE PARCEL. EXCEPT AS SW YM THAT THERE ARE NO ENCROACfIA/ENTS UPON THE DESCRIBED PREA/ISES BY A(01?0VFV6'NTS ON ANY AO✓O/Na 6 PREAOSES EXCEPT AS 1A 101C, TED. ~~Nk THERE IS NO APPARENT EY/DENCE OR SIGN OF EASEAIENT CROSSGVG OR guRl'' .f.,r.°/<c9 OF SAID PARCEL. EXCEPT AS NOTED. c a: ~ c: 3 V rn ' COL 0.V00 REDA'EO STATUTES 207 - NOTIE'E. ACCORLWG TO COLORA00 LAN YOU AR/ST.COALUENCE IF/- 'iono/ L and SurYe or CEGAL ACTION BASED [iPON DEFECT N W SUR✓EY wrTldV y TWEE YEARS AFTER YOU ASCOYER SUCH OEFECT. N NO EVENT `i<:.•• - : A,4Y ANY .4cm N BASED U°ON DEFECT N THS SURVEY BE i f • 7~• 7 i COWENCEO A10RE THAN TEN YEARS FRON THE CERTF/CATX/V ~~~~4,`s1OAi n .•d. nl~. O~~y / SHOYN NEREOK ATTACHMENT 4 09'001 '.is H mi I , I ahs3 unun .01 I I I ~ I n i Q I U I I o I V I 0 cc N - 1 ONOO N 0'lL w I ,syl ° I E I d w V ~ Q ~ O Q K Y V m m N o o ~ I~ 0° o< a° I i 0 rc m - a I E 0 5 oN T~~ Qin sVl 7 C v o o a o 0; E E ° p mE~ Ea d ~ ~av in of inu vino 85 0 W ~ 3NW 85 0"o ]Z " pv Z D z d Kr l DM Z WMZ L W y ° LIQ LIQ Z VI N_ ° _ 02 V ~ _ _ N _ N n n 0 O LL z n ~ 06-ID ATTACHMENT 5 w w 0 MA WMOIi W~NV J m z L H (l I I ONOO j I ~_----___--___J L'ZZ w 2 5 l YN I 09001 z x rc3 Oac W Vl x N ZF Z Ww U U OM O 3S 3w z Q Z Qa O m° 2 QW WZ xF _ ma Z - w OW F O < w Mz x dw 0 arc ~r °p Q mZ w w m'0 0 po y m w o ¢~a m w o ° _ z U >w j Ea U ¢ E j f wZ Kid ~F m~ °i/1J a o w ~p wO° vwi ~w h1z ~¢N 'o °m aLL wC ~zs r vii o rc3 Sao s ~ ~ wQ o J dWQ ° ¢ ate-' ~ ~rx z r z 3 O 0 _U 3 o ZZ o = m u ~ ~ ¢ o m° im wE a ? 0 °a W- ° P ~o wp d m zf m 3 ° a a ~ ~ N o 0 Y m a N 0 aQ dS WO Q NV~ '1 j y ~ Z ~ 0 o¢ 3o W z~r N ; O U 00 OE m-c Uw pW N0Z Q U 'Y a N° € o o m p Z z< °d sv~ xO~ ~ a w NO a s Q S o Z ~0 r? ~ a I- a o j¢ d oQ~ j w ~ i~ zh Q ~r _3 ¢rcn _ 3 ~ N M < MS3 Unlln .O1 December 21, 1999 City of Wheat Ridge Dept. of Planning and Development Attn: Board of Adjustment Re: 3281 Routt Street side set back requirements I am requesting a side set back variance for a proposed detached garage. I am planning to build a 24' x 24' detached single story garage with one two car garage door and one man door with a hip roof. The exterior will be brick on the front to match the house and siding on the remaining sides, also to match the house. Refer to the attached site plan (to scale) of the proposed location on my lot. Reasons for the variance request are as follows: 1. I want to keep the structure on the "higher" and thus drier part of my lot and away from the wet area where the water table is within 12" of the surface for approx. 8 months of the year (Spring, Summer and Fall). 2. I want to keep the garage in the corner of the lot for aesthetic reasons, to maintain an "open" feel and keep as large of a usable backyard as possible. 3. I do not want to destroy or relocate an existing 7" trunk diameter hardwood tree. 4. I want to maintain as straight a driveway as possible from along the side of the house directly into the garage for ease of backing in trailers (camping and snowmobile trailers). 5. I want to minimize the "wasted" or unusable space on the north side of the garage. Due to the utility easement on the west side I cannot avoid 10 feet of unusable space on the one side. I have spoken to all of my adjacent neighbors who are listed on the site plan and none of them have any objections with the garage being 5 ft. from the side property line. If you have questions or need additional information please let me know. Jeff Nielsen 3281 Routt St. Wheat Ridge CO 80033 303-239-6506 ATTACHMENT 6 ✓-0 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 January 27, 2000, 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. WF-99-01: An application by Wendy Ammon for a Class H flood plain exception to construct a single-family residence on piers within the Flood Storage District and located at 3365 Union Street. 2. Case No. WA-99-28: An application by Jeff Nielsen for approval of a 10' side yard setback variance from the 15' side yard setback requirement in an R-1 zone district for the purpose of constructing a 24'x 24' garage on property located at 3281 Routt Street. 3. Case No. WA-00-01: An application by Jayne Armstrong for approval of a 360 sq. ft. variance from the maximum building coverage of 600 sq. ft. for a detached garage for the purpose of constructing a 960 sq. ft. detached garage on vacant property zoned R-3 and located south of 7650 West 47d' Ave. arbara Delgadillo, Recording Secret ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript Date: January 7, 2000 A:\000127mpd 7500 West 29th Avenue The City of Wheat Ridee. Colorado 80215 Wheat Ridge FAX 303/235-2857 January 4, 2000 Dear Property Owner: This is to inform you that Case No. WA-99-28 which is a request for approval of a 10' side yard setback variance from the 15' side yard setback requirement reducing the setback to 5' allowing a 24'x 24' garage for property zoned Residential-One and located at 3281 Routt Street will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West.29th Avenue. The meeting will be held on January 27, 2000, 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. 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QWQ~~ '14 L ti~W tiWW -01 W 2 V p V h~Vl' ~'~VOQ ' N, .4j ~(,j W Qti~ J~Whvm ~ Z4 420 W WWI z4 ozE a . y ~ v6 W 12 0 0~ QZhV~ c, 2z Q~o'zi L. ~o~pvnyoy2V0J3\ ti pJ°>W2 Q ho u2yWm~ S cCm`~2x. ~Q p ~tiQQ O WI Q 4Qlt V ~~u~QO 0 v O ~ pfd Niillll~ll~~` 174.35 5' UTILITY ESMT. /24'0 5' SIDE SET BACK VARIANCE REQUEST 30.0 15' SIDE SET BACK REQUIREMENT 22.8 0 o 0 N PROPOSED N LO 5' REAR SET BACK REQUIREMENT GARAGE j V) o w ao O J O H O ADIACENT PROPERTY OWNERS 1. NORTH SIDE: Ross & Olga Casados 3291 Routt St. No Exceptions: 2. SOUTH SIDE: Duane Chesley 3261 Routt St. No Exceptions: 3. WEST SIDE: John & Barbara Emge (NORTH HALF) 3342 Simms St. No Exceptions: 4. WEST SIDE: Edward Rodricks (SOUTH HALF) 3322 Simms St. No Exceptions: LOT 5 WATER TABLE WITHIIN 12" OF FINISHED GRADE IN THIS AREA. SEE NOTES BELOW o CONC. DRIVE M I N NIELSEN RESIDENCE #3281 2 STORY BRICK FRAME I O Q n 22 o 1 I I I I I I I I 25.5 - J M N N o O Ld W 0 5' UTILITY ESMT. 174.35 NIELSEN RESIDENCE - DETACHED GARAGE LEGAL DESCRIPTION: LOT 5, BLOCK 2, APPLEWOOD BROOKRIDGE SUBDIVISION, County of Jefferson, State of Colorado. Also known as 3281 Routt Street. WATER TABLE NOTES 1. THE GRASS IN THE SHADED AREA GROWS TWICE AS FAST AS THE REMAINDER OF THE YARD AND HAS TO BE MOWED MORE THAN ONCE A WEEK FROM APRIL TO AUGUST. IT IS ALSO FREQUENTLY SOFT TO WALK ON DURING THE SPRING AND SUMMER. 2. 1 HAVE RAISED TWO LOW SPOTS IN THE YARD WHERE TREES WERE REMOVED BY THE PREVIOUS OWNER AND HAD STANDING WATER UNDER THE SOD I CUT OUT (6" BELOW GRADE) WITHIN 30 MINUTES. FRONT ELEVATION 3. ALL OF THE HOUSES ON THE LOWER HALF OF OUR ROUT' STREET CIRCLE HAVE MULTIPLE SUMP PUMPS. I HAVE TWO WHICH RUN A MINIMUM OF TWICE DAILY (MORE DURING THE SPRING AND SUMMER), THE HOUSE AT THE END OF THE STREET HAS 3 SUMP PUMPS AND MY NEIGHBOR TO THE NORTH ALSO HAS 2 SUMP PUMPS. 4. 1 HAVE A MUDDY CRAWL SPACE AT THE NORTH END OF MY HOUSE ALL YEAR ROUND. k-- L0 I- O 174.35 5' UTILITY ESMT. - / 5' SIDE SET BACK VARIANCE REQUEST 15' SIDE SET BACK REQUIREMENT 0 PROPOSED N GARAGE 5' REAR SET BACK REQUIREMENT 0 00 0 0 w } i o LOT 5 _E WITHIIN ISHED "HIS ARFA 30.0 22.8 - - - - - - - 0 CONC. DRIVE NIELSEN RESIDENCE N #3281 2 STORY BRICK FRAME 3.4 12.5 - - - - - - - 0 m 00 I I ~ _ J 0 K ~ 2.2 I I o I I I I I I L 25.5 - J I N 5' UTILITY ESMT. 174.35 ADJACENT PROPERTY OWNERS 1. SOUTH SIDE: Ross & Olga C ados . 3291 Routt S. No Exception : 2. NORTH SIDE: Duane Chesley 3261 Routt St. No Exceptions: 3. WEST SIDE: John & Barbara Em (NORTH HALF) 3342 Simms St. No Exceptions: 4. WEST SIDE: Edward Rodricks (SOUTH HALF) 3322 Simms . j No Exceptions: NIELSEN RESIDENCE - DET SCALE: 1116" = 1'-0" LEGAL DESCRIPTION: LOT 5, BLOCK 2, APPLEWOOD BROOKRIDGE SUBDIVISION, County of Jefferson, State of Colorado. Also known as 3281 Routt Street. I- Case No.: A9928 _ Quarter Section Map No.: NW28 App: Last Name: Nielsen Related Cases: None __J App: First Name: eff J Case History: 10' side yard setback Name: I _ ariance from the IS' ide Owner: Last ame and setback requiremnet i Owner: First Name: ora 24'x24' garege..._ App Address: 3281 Routt Street _ __---J Review Body: J City, State Zip: heat Ridge _____J __7 App: Phone: 303-239-8508 APN: _ Owner Address: ame 2nd Review Body: City/State/Zip: J 2nd Review Date: Owner Phone: Decision-making Body: Board of Adjustment Project Address: 3287 Approval/Denial Date: 112712000 Street Name: Routt Street City/State, Zip: Reso/Ordinance No.: Case Disposition: Denied Conditions of Approval: District: Project Planner: [Austin File Location: Closed .J Date Received: 1212211999_ Notes: Follow-Up: Pre-App Date: J YEA