HomeMy WebLinkAboutRes WA-94-13CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, 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 22nd day of September , 1994.
CASE NO: WA-94-13
APPLICANT'S NAME: Rita Miller
LOCATION: 11525 W. 38th Avenue
Upon motion by Board Member ABBOTT seconded by Board Member
HOWARD the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-94-13
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY NOT 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-94-13 , be and hereby is DENIED.
TYPE OF VARIANCE: A 6' and 5' fence to be located within a front
yard.
FOR THE FOLLOWING REASONS:
1. .The property is and has been used as a residential property
for many years, therefore it is reasonable to assume that if
the site is permitted to be used only under the conditions
allowed by the regulations for the district in which it is
located, the property can yield a reasonable return in use.
2. As this site is under the same constraints as are all other
residential properties within the immediate area, the plight
of the owner is not due to unique circumstances.
3. There are no particular physical surroundings, shape or
topographical conditions of the property that would result
in a hardship that would necessitate the need of a 6 foot
fence to be located within the front yard setback.
CERTIFICATE OF
WA-94-13/Page 2
4. Because staff has not found a hardship nor any unique
circumstances, conditions upon which the petition for a
variation is based would be applicable, generally, to other
property within the same zoning classifications.
5. The granting of this variance could endanger public safety
by obstructing the view of traffic when entering West 38th
Avenue from the residence's drive.
VOTE: YES: Abbott, Hovland, Howard and Rossillon
NO: Clark
DISPOSITION: Variance denied'by a vote of 4-1.
DATED this 22nd day of September, 1994. `~ {~
EDWIN ROSSILLON~Chairman Mary L u hapla, Sec etary
Board _o£ Adjustment Board of Adjustment