HomeMy WebLinkAboutRes WA-06-14
CERTIFICATE OF RESOLUTION
OR\G\NAL
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 ofSelltember, 2006.
CASE NO: WA-D6-14
APPLICANT'S NAME: Mark Shively
LOCATION: 6675 West 44th Place
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. W A-D6-14 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 detriment to the public welfare and
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-D6-14 be, and hereby is, APPROVED.
TYPE OF VARIANCE: An IS-foot side yard setback variance from the 3D-foot side yard
setback requirement when adjacent to a public street resulting in a 12-foot side yard setback for
property zoned Residential-Two.
FOR THE FOLLOWING REASONS:
I. There would seem to be no other practical options to place a functional greenhouse in a
conforming location on the property. Existing structures and large trees obstruct the
supply of direct sunlight to most areas on the property.
2. The proposed greenhouse will not be out of character with the neighborhood. Within the
immediate neighborhood there are several existing structures which do not meet the
minimum required side yard setback. Specifically, some structures do not meet the
minimum 3D-foot setback when adjacent to right-of-way.
Board of Adjustment
Resolution W A-06-14
Page two (2)
3. Related to criteria number six, this structure is being requested as an accommodation for
a person with disabilities per the applicant's letter that read in part: "Gardening is an
important part of Mark's life and the greenhouse will enable him to continue his pursuits
in his current condition. It is important for Mark's physical and psychological well-
being."
4. The structure sits far to the rear of the lot and, at eight feet tall as defmed by the
ordinance, will not be obtrusive to the neighborhood as to the intent of the ordinance.
5. A petition in favor was submitted by five adjacent neighbors.
6. Upon review of the request, staff concludes that the criteria are supportive of the request
and recommends approval of request.
WITH THE FOLLOWING CONDITIONS:
I. The greenhouse shall be constructed of materials as described by the applicant as a
mmrmum.
2. The structure shall not be used as a non-greenhouse structure.
3. The structure must be constructed as handicapped accessible.
VOTE:
YES: ABBOTT, BELL, BLAIR, HOVLAND, HOWARD, LINKER,
NO: DRDA and REINHART
DISPOSITION: An IS-foot side yard setback variance from the 3D-foot side yard setback
requirement when adjacent to a public street resulting in a 12-foot side yard setback for property
zoned Residential-Two was APPROVED.
ADOPTED and made effective this 28th day of Selltember, 2006.
~~.
Ja@{Bell, Chai
Board of Adjustment
~~ (.1
cL,~
Ann Lazzeri, Secretary
Board of Adjustment