HomeMy WebLinkAboutRes WA-99-27CERTIFICATE 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
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).
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.
BOB HOWARD, Chairman
Board of Adjustment
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Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment
Resolution WA-99-27
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