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CERTIFICATE OF RESOLUTION
ORIGINAL
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 26th day of
April, 2001.
CASE NO: WA-OI-05
APPLICANT'S NAME: Paul Mintken
LOCATION: 13451 West 44" Avenue
Upon a motion by Board Member ABBOTT and second by Board Member MONTOYA, the following resolution
was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-OI-05 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. W A-O 1-05 be, and
hereby is APPROVED.
TYPE OF VARIANCE: A twelve-foot side yard setback variance from the 30-foot side yard setback requirement
when abutting a public street in an R-I zone for the purpose of constructing a garage addition.
FOR THE FOLLOWING REASONS:
I. Since the lot is a comer lot, the encroachment would not impair adequate light and air to adjacent
properties. It should have no negative effect on public safety. The proposed encroachment will not impact
the required sight distance triangle at the comer of West 3 J"' Place and Union Street.
2. The construction of the garage addition and relocation of the driveway is sought to correct a potentially
unsafe condition which could be beneficial to the neighborhood. The surrounding neighbors have
expressed their support in writing for relocating the driveway and garage.
3. The view from the dwelling across Union to the east would be garage to garage.
4. The neighbor at 3101 Union testified to her agreement as to the safety issue and the desirability of
removing the existing driveway.
5. The plight of the owner is due to somewhat unique circumstances in the considerable sloped conditions of
the property.
6. It would not negatively alter the essential character of the surrounding neighborhood.
7. It could result in a benefit to the neighborhood by correcting the potentially unsafe driveway conditions.
Board of Adjustment
Resolution WA-OI-05
Page two (2)
WITH THE FOLLOWING CONDITIONS:
1. The concrete driveway onto West 3l" Place shall be removed within 90 days of obtaining a certificate of
occupancy for the new garage addition.
2. Architectural compatibility in design and material is required.
3. Safe sidewalk access will be created from the front door to the new driveway.
VOTE:
YES:
ABBOTT, BROWN, DRDA, ECHELMEYER, MONTOYA, HOVLAND,
HOWARD
YOUNG
ABSENT:
DISPOSITION: A request for a 12-foot side yard setback variance from the 30-foot side yard setback requirement
when abutting a public street in an R-l zone for the purpose of constructing a garage addition was APPROVED.
ADOPTED and made effective this 26th day of APRIL. 2001.
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BOB HOWARD, Chairman
Board of Adjustment
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Ann Lazzeri, Secretary 0 "\
Board of Adjustment