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WA-15-11
City of Wheatidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 November 20, 2015 Dean Smith 7075 W. 32"d Avenue Wheat Ridge, CO 80033 Dear Mr. Smith: RE: Case No. WA -15-11 Please be advised that at its meeting of October 22, 2015 the Board of Adjustment APPROVED your request for a variance to the lot width requirement of 100 feet to allow a two-family dwelling on a lot that is 95 feet wide located at 7075 W. 32"d Avenue in the Residential —Two (R-2) zone district for the following reasons: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. 4. The request would not be detrimental to public welfare. 5. Historically this property previously had a variance for a two family dwelling. Enclosed are copies of the Certificate of Resolutions, as well as a draft copy of the minutes, stating the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Tammy Odean Administrative Assistant Enclosures: Certificates of Resolution Draft of Minutes cc: WA -15-11 (case file) WA 151 l.doc w" wxi.i,�'heatridge.co.us 1 City of Wheat R:,dge BOARD OF ADJUSTMENT Minutes of Meeting October 22, 2015 CALL MEETING TO ORDER The meeting was called to order by Chair HOVLAND at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29`h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present 3. 4. Alternates Present: Board Members Absent Staff Members Present: PUBLIC FORUM No one wished to speak at this time. Thomas Abbott Sally Banghart Janet Bell Paul Hovland David Kuntz Betty Jo Page Dan Bradford Michael Griffeth Lily Gri ego Meredith Reckert, Senior Planner Lisa Ritchie, Planner II Tammy Odean, Recording Secretary Ms. Reckert introduced the two new staff employees, Lisa Ritchie, Planner II and Tammy Odean, Administrative Assistant. PUBLIC HEARING A. Case No.WA-15-10 The case was presented by Lisa Ritchie. She entered the contents of the case file, packet materials, the zoning ordinance and the digital presentation into the record. She stated all appropriate notification and posting requirements have been met and advised the board there was jurisdiction to hear the case. She reviewed the presentation and staff report. Board of Adjustment Minutes — October 22, 2015 The applicant is requesting approval of a 360 -square foot (60%) variance from the 600 - square foot maximum size standard to allow a 960 -square foot detached garage located at 3615 Teller Street. Staff recommends approval of this variance. Member ABBOTT had an academic question related to the staff recommendation; is the proposed investment consistent with the Neighborhood Revitalization Strategy (NRS) and other documents supported by the city that encourage property improvements. He mentioned it is recommended in the following case, but not this one. Ms. Ritchie stated it would apply in this case also. Member BANGHART asked that if the garage were to be attached to the house there wouldn't be a need for a variance. Ms. Ritchie stated that is true, but the owners want to maximize solar orientation and not get rid of windows by attaching a garage to the house. Member ABBOTT asked that if the maximum square footage for an accessory building in R-1 is 1000 sq. ft. as opposed to a maximum square footage in R-3 being 600 sq. ft. Ms. Ritchie stated that R-3 has a fairly restrictive size because the lot sizes are generally smaller and that is why staff is supporting this variance. Member ABBOTT wanted to know the limit for a detached garage in R-2. Member KUNTZ said it is 1000 sq. ft. Member HOVLAND commented that if the property were in a different zone district there would be no need for a variance. Member GRIFFITH complimented Ms. Ritchie on her site plan exhibit. Member BELL asked where the driveway will be placed so it can reach the garage. Ms. Ritchie stated that because of the horseshoe drive currently there, which is compliant with code, the applicants will have to connect to it. Caroline Mallory and Charlotte Kettering (applicants) 4001 Marshall Street, Wheat Ridge Ms. Mallory and Ms. Kettering were sworn in. Ms. Mallory stated that this is her family homestead property and she would like to be able to go back to it as a senior and enjoy living in a house that is one level and is safe. They are concerned about security in the neighborhood right now and recently had a break in at the house. They would like to have an area where they can secure things; they would also like to upgrade the house and make an improvement in the city of Wheat Ridge. Board of Adjustment Minutes — October 22, 2015 2 Member BRADFORD asked what the timelines for the additions on the house would be Ms. Kettering stated they hope to start in April of 2016. They plan to start with additions on the house, and then work on the garage. Member ABBOTT asked if the architecture on the garage will match that of the house. He stated the importance of the matching architecture for the neighborhood. Mr. Ritchie gave the members another exhibit to look at showing the garage elevations and materials and Ms. Mallory added the gabled roofing on the garage will match those on the house as will the siding. Member HOVLAND asked what the need is for a garage this large, but after seeing the Exhibit he saw the need to fit three cars and a workshop, tandem in set up. Ms. Mallory said they want to keep the garage consistent with the neighborhood and not have the neighbors see three garage bays from the street. Ms. Reckert stated the R-3 zone allows the construction of housing from single family up to high density residential. The applicants could have chosen to demolish the house and build four apartments in its place. So in keeping with the rest of the neighborhood, staff supports the variance because it is appropriate and in context. Member ABBOTT stated it is important to encourage indoor storage with the fourth tandem bay because it makes things look better outside. Ms. Reckert stated that with regards to neighborhood revitalization, this is a big investment and it is supported by our guiding documents. Ms. Ritchie stated that in the proposed language for the conditions, staff recommends a condition that the design and architecture be consistent with representations presented to staff. Member KUNTZ believes that the garage will be a good screen from the view of the apartments in the backyard. Member HOVLAND commented that it looks like a lot of thought has been put into in trying to make it fit and it looks like a good plan. Again, if the property was in a different zone this wouldn't be an issue. Steve Stamps 3699 Teller, Wheat Ridge Mr. Stamps was sworn in. Mr. Stamps thinks this plan is an excellent idea and the addition will be an improvement for the neighborhood. Board of Adjustment Minutes — October 22, 2015 Member ABBOTT added number 6 and 7 to "For the Following Reasons" below. He stated it is good to add to the list why the Board Members were persuaded to vote in favor of the application. Upon a motion by Member ABBOTT and a seconded by Member BELL, the following motion was stated: WHEREAS, application Case No. WA -15-10 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, the variance applied for may be granted without detriment to the public welfare and without 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 -15-10 be, and hereby is APPROVED TYPE OF VARIANCE: Request for approval of a 360 -square foot (60%) variance from the 600 -square foot maximum size standard to allow a 960 -square foot detached garage. FOR THE FOLLOWING REASONS: 1. There are unique conditions of lot size and variability within the neighborhood which will result in an accessory structure that is compatible with the surrounding area and the existing home. The proposed garage will appear incidental to the home, and significant property investment will occur as a result of approval of the variance. 2. The variance will not alter the essential character of the locality. 3. The alleged hardship has not been created by any person presently having an interest in the property. 4. The request would not be detrimental to public welfare. 5. No objections were received regarding the variance request. 6. There was positive neighborhood testimony given. 7. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. WITH THE FOLLOWING CONDITIONS: 1. The design and architecture of the proposed garage shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a building permit. Motion carried 8-0 Board of Adjustment Minutes — October 22, 2015 4 B. Case No. WA -15-11 The case was presented by Lisa Ritchie. She entered the contents of the case file and packet materials, the zoning ordinance and the digital presentation into the record. She stated all appropriate notification and posting requirements have been met and advised the board there was jurisdiction to hear the case. She reviewed the presentation and staff report. The applicant is requesting approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a two-family dwelling in the R-2 zone district located at 7075 W. 32nd Avenue. Staff recommends approval of this variance. Member ABBOTT wants to know if the parking plan meets the City standard. Ms. Ritchie stated that the staff is going to look at the driveway connecting to the street and it will be reviewed when the building permit is submitted. Member BELL wanted to know if there is going to be a garage once the addition and all the work is done on the property. She is concerned about off street parking for visitors. Ms. Ritchie believes there is going to be a car port constructed. There is adequate room on the property for off street parking. Member BELL hopes there will also be parking available during the time of construction. Member PAGE asked how many parking places will be needed on the property. Ms. Reckert stated it is four per unit which also includes the garage. There is a lot of room so it should not be a problem. Member GRIFFETH asked if the other two- dwelling homes in the neighborhood were built legally. Ms. Ritchie stated that they appear to be so. Some of the homes were built before the City incorporated in 1969 so the City doesn't have all the building records. Member GRIFFETH asked if a two- family home has to be connected. Ms. Ritchie stated yes, it has to be one structure. Member HOVLAND pointed out that if the map is extended to the east side of Pierce, a lot of those homes appear to be two- family homes. Ms. Ritchie agreed. Board of Adjustment Minutes — October 22, 2015 Member BELL stated the southeast corner of Pierce and 32"d was permitted at one time to be a housing project and that is why there are multifamily homes built there. Dean Smith and Karen Smith 7075 W. 32nd Avenue, Wheat Ridge Mr. and Ms. Smith were sworn in. Mr. Smith thanked the members for bringing up the parking issue. He stated there is a single curb cut off of 32nd Avenue now and it doesn't get used a lot, but it is a place to park. Because of the topography of the site they are lucky enough to be able to turn around in the driveway and pull out front ways onto 32nd instead of backing out. A carport will be constructed on the site and part will be enclosed. Also, architecturally the second unit will be setback as to not compete with the original structure. Member HOVLAND asked if the height of the new structure is going to be much higher than what is there currently. Mr. Smith stated about 3-4 feet higher, which is well below what is allowed. Member ABBOTT appreciates the design of the new structure because it is complimentary to the existing structure and the neighborhood. It also looks like there will be no impact to the property on the east. Mr. Smith stated there are some big trees and a fence on the east side of the property and at one time they wanted the addition to be on the east, but after careful thought decided to push it back. The neighbors to the east will be impacted the most. They are renters and there have been discussions with them and they have given nothing but very positive feedback. David Cooley 7060 W. 32" Place, Wheat Ridge Mr. Cooley was sworn in. Mr. Cooley stated he is a senior citizen and has lived in and out of his house since 1957. He is not opposed to the addition, but it will impact his backyard a bit more. He would like to know the purpose of the second dwelling. Ms. Ritchie stated the applicants intend to rent out the front original part of the home and the owners will reside in the new addition. Member ABBOTT stated that his understanding is the property is zoned Residential -Two (R-2) so there can be two-family residences on the property whether it is rented or not. The board is looking at whether a two-family structure can fit appropriately on a 95 -foot lot as opposed to a 100 -foot lot. The architect has done a good job to put a nice, visually acceptable structure in view of Mr. Cooley's backyard. Jim Varner 7070 W. 32"d Place Mr. Varner was sworn in. Mr. Varner didn't know what to expect tonight, but is extremely pleased. He doesn't see the variance having any negative impact on him or his Board of Adjustment Minutes — October 22, 2015 6 property and is in full support. They only concern Mr. Varner has, is in regards to the privacy he gets from the foliage on the property line. He doesn't see the three foot high addition being much of a problem because of the foliage. He thinks it is a good improvement for the City of Wheat Ridge. Member ABBOTT asked if there is landscaping in the backyard. Mr. Varner stated there is vegetation growing on the 7075 W. 32nd property side and he is hoping it will not be pulled out because it is nice for privacy. Mr. Smith stated there is a fair amount of landscaping on the property line and they are going to do everything they can to save it. Some trees may be lost to disease and will have to come out eventually, but only one tree is slated to be removed. It is an evergreen tree next to the addition. Mr. Varner also mentioned a drop in elevation from his property to the Smith's so he really doesn't see any problem with the new addition height. Member KUNTZ stated that it looks like the north facing elevation windows are relatively small and that should also help with privacy. Member PAGE added number 5 to "For the Following Reasons" below, and stated it is good to add to the list to show why the Board Members were persuaded to vote in favor of the application. Upon a motion by Member PAGE and a second by Member KUNTZ, the following motion was stated: WHEREAS, application Case No. WA -15-11 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, the variance applied for may be granted without detriment to the public welfare and without 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 -15-11 be, and hereby is APPROVED TYPE OF VARIANCE: Request for approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a 2 -family dwelling. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the locality Board of Adjustment Minutes — October 22, 2015 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. 4. The request would not be detrimental to public welfare. 5. Historically this property previously had a variance for a two family dwelling. WITH THE FOLLOWING CONDITIONS: 1. The addition shall be consistent with the architectural representations shown on the submittal, or other as approved by staff. Motion carried 8-0 Member BELL and Member ABBOTT gave their compliments to Ms. Ritchie, Ms. Reckert and the staff for a job well done and setting a good example with the two variances tonight and how applicants can work together with their neighbors. 5. CLOSE PUBLIC HEARING 6. OLD BUSINESS Ms. Reckert stated that a woman contacted her regarding approval of the Class II Floodplain Permit for an address on 42nd Avenue from the August 27`h meeting. The homeowner from Hoyt Street claimed she didn't have ample opportunity to speak, although her husband did speak. It has been discussed with the director of Community Development and other staff members and it was felt that the members of the Board of Adjustment had a fair hearing. Member ABBOTT stated that he understands the best defense is that they received a fair hearing. The board listened and based the decision on what was heard. The Board of Adjustment did a good job and all participated and listened. . Member GRIFFETH stated he had not heard the term Neighborhood Revitalization Strategy (NRS) yet and does everyone have to comply with it. Member ABBOTT said he didn't think so; different cases have different aspects worth accenting. Ms. Ritchie stated staff evaluates cases and compares them to plans and documents that have been supported by or adopted by City Council; the NRS is something being used as criteria; it is an evaluation and may or may not be appropriate. Member BELL stated that during a site visit on 32nd Avenue, she met a woman walking a dog and struck up a conversation. The woman's opinion was that she thought the Board Board of Adjustment Minutes — October 22, 2015 8 of Adjustment would not listen to her if she came to a meeting. She didn't realize the Board will always listen to keep the process fair. . Ms. Reckert stated she thinks the Board does a good job and appreciates Member ABBOTT's input and additions to the discussions and to keep up the good work. Member HOVLAND said that Member ABBOTT does a good job of explaining to the applicants what the BOA can and can't do. 7. NEW BUSINESS A. Approval of Minutes — August 27, 2015 It was moved by Member PAGE and seconded by Member BANGHART to approve the minutes as written. The motion passed 8-0. Ms. Reckert let the Board know that the November and December meetings will be combined and held on Thursday, December 10, 2015. As of now there are no cases scheduled. Member BELL asked if a sample motion can be included in the packet. Member PAGE asked if it could be printed on the divider paper. Member ABBOTT stated he likes all the "WHERE AS's" because it adds an element of formality because this is not a casual meeting. Member BELL agrees. 8. ADJOURNMENT Chair HOVLAND adjourned the meeting at 8:27p.m. 1�� A Y) 4V V Pau HOVLAND, It Board of Adjustment Minutes — October 22, 2015 Tammy Odea ording Secretary 7 CERTIFICATE OF RESOLUTION I, Tammy Odean, 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 October 2015. CASE NO: WA -15-11 APPLICANT'S NAME: Dean and Karen Smith WHEREAS, application Case No. WA -15-1 l was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, the variance 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; and NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15-1 l be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a 2 -family dwelling. FOR THE FOLLOWING REASONS: 1. The variance will not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. 4. The request would not be detrimental to the public welfare. 5. Historically this property previously had a variance for a two family dwelling VOTE: YES: ABBOTT, BANGHART, BELL, BRADFORD, HOVLAND, GRIFFETH, KUNTZ, and PAGE NO: ABSENT: GRIEGO Board of Adjustment Page 1 ADOPTED and made effective this 22nd day of November 2015. Paul Hovland, Chair Board of Adjustment Tammy Odean, Secretary Board of Adjustment Board of Adjustment Page WA -15-11 / Smith 7075 W.32"'Avenue Request for approval of a variance to the lot width requirement of 100 feet to allow a two-family dwelling on a lot that is 95 feet wide and zoned Residential -Two Board of Adjustment October 22, 2015 :M C:M CM] ca=! 1 CSL R MM tom, (=) CZ7� liktu LTTE R 2 LLQJ Q7" (Y__ CUP C PRID Current Zoning UU.1; uz am atm30, CAW t kUL IL_ U", &D am uW4 V, da M., Qli� Lug Z_ Aerial 7075 W. 32n' Avenue Aerial : 7075 W. 32nd Avenue 11 A Variance Request The variance is requested to permit the property to have a second dwelling unit on a lot with less than the required lot width. 95 feet =Actual Lot Width 100 feet = Required Lot Width for a Two -Family Dwelling in the R-2 zone district. Any variance request which results in on additional dwelling unit must be heard and decided upon by the Board of Adjustment ,^ F rPPPP 7075 W. 32"1 Avenue Proposed Changes •fix •moi Z 7075 W. 32rd Avenue -A 7075 W. 32id Avenue Staff Recommendation Staff recommends APPROVAL of the request for the following reasons: • The variance would not alter the essential character of the locality; • The applicant is proposing a substantial investment in the property that may not be possible without the variance; • The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the City that encourage property investment. • The request would not be detrimental to public welfare. Neighborhood Context Eb �%' sw �•w, 20 f �• �Wu'Wr. su'i w::�c�.:u:;luG:c� sw 44, it PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT October 22, 2015 Case No. WA-15-11: An application filed by Dean Smith for approval of a 5-foot variance from the 100-foot minimum lot width standard to allow a 2-family dwelling in the R-2 zone district located at 7075 W. 32°a Avenue. (Please print) Name Address In Favor/Opposed �1 M VA NGr 7b 7,,) W �� P1q e, L TO: CASE MANAGER: CASE NO. & NAME Ci Wh� ty of eatj�idJge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment Lisa Ritchie WA -15-11 / Smith MEETING DATE: October 22, 2015 ACTIONS REQUESTED: Approval of a variance to the lot width requirement of 100 feet to allow a two- family dwelling on a lot that is 95 feet wide for property located at 7075 W. 32"d Avenue and zoned Residential -Two (R-2) LOCATION OF REQUEST: 7075 W. 32nd Avenue APPLICANT (S): Dean Smith OWNER (S): Dean Smith and Karen Eberle Smith APPROXIMATE AREA: 13,678 square feet (0.31 acres) PRESENT ZONING: Residential -Two (R-2) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Board of Adjustment Case No. WA -15-11 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a variance to allow the construction of a second dwelling unit on a lot that is 95 feet wide. Per the zone district standards, the minimum lot width in the Residential - Two (R-2) zone district to have two dwelling units is 100 feet (5% variance). Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Board of Adjustment to hear and decide on variances from the strict application of the zoning district development standards when the approval of an additional dwelling unit will be the result. II. CASE ANALYSIS The applicant, Dean Smith, is requesting the variance in order to construct a second dwelling unit at the single family residence. (Exhibit 1, Aerial). The property located at 7075 W. 32"d Avenue is zoned Residential -Two (R-2). The parcel is located on the north side of W. 32"d Avenue at the intersection with Saulsbury St, which has a T -intersection with W. 32"d Avenue approaching from the south. The total lot area is 13,678 square feet (0.31 acres), per the Jefferson County Assessor. The property is in an area predominately zoned R-2, with the exception of a Planned Residential Development on the southwest corner of W. 32nd Avenue and Saulsbury and a small number of parcels zoned R-3 directly to the northeast. The neighborhood character is low density residential. (Exhibit 2, Zoning Map). The subject lot currently contains a single family home that was constructed in 1957, and has an addition toward the rear of the home that was constructed in 1963, per the Jefferson County Assessor. The entire home has a footprint of approximately 1964 square feet. The lot slopes downward approximately 8 feet from the front property line to the mid -point of the home, resulting in a walk -out lot. The front portion of the home is single story with a walk -out basement and a flat roof. The addition on the home, toward the rear of the property, is two-story, constructed at the level of the walk- out basement of the front portion of the home, with a garage on the first floor and living area above. This portion also has a flat roof. There is also an existing shed on the eastern side at the rear of the property. No building permits were located associated with either the home or the accessory structures, though it should be noted that both the structure and the addition were constructed prior to the City's incorporation. (Exhibit 3, Site Photos The existing home complies with all setbacks and development standards for a single family home in the R-2 zone district. It should be noted that the property previously had a variance for lot width approved to allow the dwelling to be used as a two family dwelling, with Case No. WA -82-09. This variance expired when the second unit was no longer occupied as a second unit and the entire dwelling was occupied as a single family residence. (Exhibit 4, ILC). The property owner is an architect and has designed the second dwelling to be sensitive to the topography of the site, the architecture of the front original portion of the home, and the neighborhood Board of Adjustment 2 Case No. WA -15-11 /Smith context. As part of the proposal, the rear addition of the home and the shed will be removed, and a new addition will be constructed in approximately the same location. The existing portion of the home to be removed is located 25.2 feet from the eastern side property line and is two stories with a flat roof in this location. The new addition is proposed to be located up to 10 feet from the eastern side property line and will be two stories with a flat roof, and total height of roughly 21 feet. From the elevation at the front property line, this height is roughly 3 feet taller than the height of the single story front portion of the home. The exterior finish of the addition is proposed to be a mix of materials that will be compatible with the existing home. The original portion of the single family home that will remain will have 1,294 square feet of lot coverage, and the new addition will have 888 square feet, for a total of 2,182 or 15.9% lot coverage. (Exhibit 5, Proposed Site Plan and Elevations) The lot width variance is requested in order to allow the construction of the second unit on the lot with the width of 95 feet. Per R-2 zone district requirements, a lot width of 100 feet is required to allow a second unit. Lots along the north side of W. 32nd Avenue in the area are typically 75 feet in width. The subject property's ownership appears to have acquired a portion of the adjacent lot to the east at some time in the past, resulting in a 95 foot wide lot. The applicant is proposing a substantial investment in the property that is supported by the Neighborhood Revitalization Strategy. Ultimately, the outcome of the variance requested determines whether or not the improvements are constructed. The variance would result in a two-family structure on a 95 foot wide lot, and the resulting two-family structure will meet all development standards including height, setbacks and maximum size. The following table compares the required R-2 development standards with the actual and proposed conditions: R-2 Development Standards: Required Actual Lot Area 12,500 square feet min 13,678 sf Lot Width 100 feet min 95 feet Two Family Home: Required Proposed Building Coverage 40% (max) 15.9% Height 35 feet (max) ±21 feet Front Setback south 25 feet (min) 39.5 feet Rear Setback (north) 10 feet (min) ±25 feet Side Setback east 10 feet (min) 10 feet Side Setback (west) 5 feet (min) 15 feet The 15 -day notification period for the public hearing is currently in progress. As of October 15, 2015 no objections or inquiries have been received. III. VARIANCE CRITERIA In order to approve a variance, the Board of Adjustment must determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has provided their analysis of the application's compliance with the variance criteria (Exhibit 6, Letter of Board ofAdjustment Case No. WA -15-I1 /Smith Request with Analysis of Criteria). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not 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. If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a single-family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the locality. The requested lot width variance will result in the property staying in the same character as the surrounding area which includes both single and two-family dwellings. The proposed architectural design is compatible with the existing home and other homes in the neighborhood. There are 27 lots that front W. 32nd Avenue between Teller Street and Pierce Street, ranging in widths between 50 and 150 feet. Of the 27 lots, 7 lots have sufficient width of 100 feet to accommodate two units per lot. Of the 7 lots, it appears that at least four lots contain two or more units. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. With the proposed removal of an older portion of the home and addition of a second dwelling unit, the applicant will be making a substantial investment in the property that will not be possible without the lot width variance. The addition of a second unit is expected to add value to the property, and the proposed investment is consistent with the Neighborhood Revitalization Strategy (NRS) and other documents supported by the city that encourage property investments. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The shape of the lot is not sufficient in width to add a second unit. As determined when WA - 82 -09 was approved, the lot width is within 5% of the requirement for a second unit, exceeds the required size for a second unit and can be developed under the zone district requirements if the lot width variance is approved. Board of Adjustment 4 Case No. WA -15-11 /Smith Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The current owner purchased the property in 2006, and thus is not responsible for the width of the lot. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets. Nor would it cause an obstruction to motorists on the adjacent streets or impede the sight distance triangle. The request will not diminish or impair property values within the neighborhood. Conversely, the proposed addition will likely have a positive impact on the neighborhood by upgrading an aging ranch home and promoting investment in property. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. The variance request is based on the applicant's desire to construct a second unit on the property that is consistent with the character of the neighborhood. This being the case, the proposal to approve the lot width variance is consistent with the conditions in the neighborhood. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family and two family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. Board ofAdjustment Case No. WA -15-11 /Smith 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual The Architectural and Site Design Manual does not apply to single and two family dwelling units. Staff finds this criterion is not applicable. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a lot width variance (5%) resulting in a second dwelling unit. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends approval for the following reasons: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. 4. The request would not be detrimental to public welfare. With the following conditions: t. The addition shall be consistent with the architectural representations shown on the submittal, or other as approved by staff. Attachments: A. Proposed Resolution Board of Adjustment 6 Case No. WA -15-11 /Smith EXHIBIT 1: AERIAL WITH CONTOURS Board o%Adjustment Case No. WA -IS -II /Smith EXHIBIT 2: ZONING MAP Board of Adjustment Case No. WA -15-11 /Smith EXHIBIT 3: SITE PHOTOS Board of Adjustment Case No. WA -15-11 /Smith Board of Adjustment Case No. WA-15-11 /Smith Board of Adjustment Case No. WA-15-11 /Smith EXHIBIT 4: IMPROVEMENT LOCATION CERTIFICATE • Board o%Adjustment 12 Case No. 6G'A-15-11 /Smith EXHIBIT 5: PROPOSED SITE PLAN AND ELEVATIONS I , _._.L._._._._._._._._----- _-_._._.- I b I I � 1 I 1 >e I I I I 1 I e' 1 I 9 ¢I I 1 EXIS RG SED TO SE REMOVED EXHTING BASEMEN 1 - --{ NEW PATIO GARAGE D LEZ VELtWNG 6PANACE TO j I !10-P aE BE REMOVED , 1DRECAJOWSIDE SETBACK RESOE FOR xSTORY j ---------------------- - • S9 65 • SS.]6' I EDGE OF NEW LOW ROOF. COMPLAINT WITH P SIDE 1 j SETBACK FOR Sr#ME STORY I _ 1 EDGE OF NEW NIGH ROOF LESS EXISTING COVERED PATIO j THANA ENCROAOLMENT WO IC SDE SETBACK FOOTPRM OF NEW 2 j BID- RESOENGE •________________________________ 1 (SNADED) S95'• p83]� 1 EXTERIOR STAIR TO • I • BASEMENT IAPPROX 15' 7 Ex15T I I 1 `_J_ � � j REMOVE EJo9TNG TREE .5855•- REPLACE EXISTNG ROROI REPLACE EXISTING D0571N0 SSgLF ELECTR C PANEL AND NEW 9TORY DWELMF4 _ - .. -_ 1 018COaECT N. 1.204 BF LOT COVERAGE _ _ y _ _ -1 _ - _ - _ EXISTING BASEMENT EXb-TINGSWGL.EST- - - '- - LEVEL ENCLOSED PORCH RESIDEN^. OVER BASEMEN -_ t6' �T.I, TO BE REMOVED 1-1 j S REOUREO SDE mrscSIDE SETBACK REQUIRED I T FCR 1 STORY DR EXISTING SVX'.LE STORY EXISTYG LEVEL 1 FLOOR CARPORT ELEVATION . TOP RESIDENCE 1 I I EDGE OFROOF QFNEW 1 CARPORT ARPOAT, LESS L ENOiOYEM NTO SW DE SETBACK FOOTPRINT OF _______J__________ 1 I ENCLOSEDPORTIONOF --- I NEW IsT CARPORT EXISTING COVERED PORCH ! i•,_ _ _ `I 11 I EXISTING GAS METER- `1 P EXISTING TREE R I \ �• 1 EJ06TN6 DWEWNG BASE PLANE 1 -- IR ` 11 1 10675. SB S. W 57. 1055GE .. 10rd AVERAGE EXISTING SDEWALX • 1 1 FEW DWELLIMG MSE PUKE I 6 \•\-<� ` 1 j 695-9033-90,3 T-9025--SIT-AVERAGE NEWEXISTING CONCRETE PLANTERS -I. I p I SAW I SEWER 1_ I I ` EXISTIND SANITARY ` SEWER —•—•-- ter, � �_._�_ r"I .—•—•---._.1._._._ EXWI G WATER METER ... ......'. / I / Ir '`� I -, 1 1 1 IN WEST 32GG AVENUE Board of Adjustment 13 Case No. WA -15-11 /Smith u O ,— t :S. Board ofAdjustment 14 Case No. WA -15-11 /Smith EXHIBIT 6: LETTER OF REQUEST WITH VARIANCE CRITERIA Sept, 28 2015 7075 Variance Request Wheat Ridge Planning Staff, It is our desire to construct a second dwelling on our current property at 7075 West 32nd Avenue. Our intent is to design and construct a modest residence that is highly energy efficient which would become our primary residence. We have lived at this address with our two children for over nine years. It is located in the R2 zone district which allows two family dwellings provided the lot area is a minimum of 12,000 sf and minimum lot width of 100'. The existing dwelling is a single story and includes a walk -out basement. The topography of the parcel has significant fall towards the rear of the site, approximately 8'. There are multiple spot elevations on the site plan to describe the existing condition. The new work does not include any significant grading work. The actual site area is 13,750sf, approximately 13% greater than the requirement. The actual lot width is 95'. We are submitting a request for variance for minimum lot width of 95' in lieu of 1001. EXISTING RFginFN(:F PROPOSED PROPOSED RESIDENCE CARPORT We appreciate the existing building design and the relationship it has with the street. So that the existing building remains as the primary structure as seen from the street, and to provide ample parking for both dwellings, the new building will be significantly set back from the street. This places the new building on a flat portion of the site at the lower elevation. The building design includes a flat roof with large overhangs to emulate the existing building. Thank you for your consideration, please contact us with any questions or concerns. Dean S Karen Eberle Smi Board ofAdjustnlent 15 Case No. IVA-15-11 /Smith CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE BOARD OF ADJUSTMENT NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WA -15-11, an application filed by Dean Smith for approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a 2 -family dwelling in the R-2 zone district located at 7075 W. 32"d Avenue will be held in the City Council Chambers, Municipal Building located at 7500 West 29`h Avenue, Wheat Ridge, Colorado, on October 22, 2015 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. Legal Description: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PART OF THE WEST 7/1 OTHS OF THE SOUTHWEST '/ OF THE SOUTHEAST'/40F THE NORTHEAST '/ OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 7/10THS OF THE SAID SOUTHWEST/40F THE SOUTHEAST '/ OF THE NORTHEAST '/ OF SAID SECTION 26; THENCE NORTH ALONG THE EAST LINE OF THE WEST 7/1 OTHS OF THE SAID SOUTHWEST/40F THE SOUTHEAST % OF THE NORTHEAST '/ OF SAID SECTION 26,180 FEET; THENCE WEST 75 FEET; THENCE SOUTH 180 FEET TO THE SOUTH LINE OF THE WEST 7/10THS OF THE SAID SOUTHWEST '/ OF THE SOUTHEAST '/< OF THE NORTHEAST % OF SAID SECTION 26; THENCE EAST 75 FEET TO THE POINT OF BEGINNING; EXCEPT A STRIP 30 FEET WIDE ALONG THE SOUTH SIDE OF SAID TRACT TO BE USED FOR THE RIGHT OF WAY OF WEST 32ND AVENUE, COUNTY OF JEFFERSON, STATE OF COLORAD. PARCEL B: THE WEST 75 FEET OF THE FOLLOWING TRACT OF LAND: THE NORTH 125 FEET OF THE SOUTH 155 FEET OF THE EAST 3/1 OTHS OF THE SOUTHWEST '/ OF THE SOUTHEAST/40F THE NORTHEAST '/ OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.; EXCEPTING THEREFROM, THE EAST 55 FEET, COUNTY OF JEFFERSON, STATE OF COLORADO. CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE BOARD OF ADJUSTMENT NOTICE IS HEREBY GIVEN that a Public Hearing to consider Case No. WA -15-10, an application filed by Dean Smith for approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a 2 -family dwelling in the R-2 zone district located at 7075 W. 32"d Avenue will be held in the City Council Chambers, Municipal Building located at 7500 West 291h Avenue, Wheat Ridge, Colorado, on October 22, 2015 at 7:00 p.m. All interested citizens are invited to speak at the Public Hearing or submit written comments. The full text of this notice is available in electronic form on the City's official website, www.ci.wheatrid e.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, October 8, 2015 A41 City of Wh6atP,.j:de g POSTING CERTIFICATION CASE NO. WA -15-1 1 BOARD OF ADJUSTMENT HEARING DATE: October 22, 2015 (name) residing at ijV-L* A%,*, (address) as the applicant for Case No WA -15-11 hereby certify that I have posted the Notice of Public Hearing at �] C7`j+s �xv Z)N— A%j (location) on this 4 day of ezf 06 and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the positionAVwn on the map below. Signature: NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP I City of Wheat�idgc PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: ■ The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. ■ The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on September 3, 2015. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. City of "o Wheat Jdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE (As required pursuant to Code Section 26-109.1)) October 8, 2015 Dear Property Owner / Current Resident: This is to inform you of Case No. WA -15-11, an application filed by Dean Smith for approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a 2 -family dwelling in the R-2 zone district located at 7075 W. 32"d Avenue. This request is scheduled for public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Board of Adjustment October 22, 2015 (a� 7.00 p.m., As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Ifyou need inclusion assistance, please call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of the meeting. i%%%%s.cim heat ridge.coms Vicinity Map wzisi l.aoc City of W heat Ridc g LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WZ-15-11 Date of Board of Adjustment hearing: October 22, 2015 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 41 letters on October 8, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: I Date: /T - S1 -/S FIELDMAN LISA D HAMILTON 7125 W 32ND AVE WHEAT RIDGE CO 80033 JANSSEN EDWYN M JANSSEN BEVERLY A BELT 6995 W 31 ST AVE WHEAT RIDGE CO 80033 NASH DONALD W NASH SANDRA L 7035 W 32ND PL WHEAT RIDGE CO 80033 MCCORMICK EMILY V 6970 W 32ND AVE WHEAT RIDGE CO 80033 PUGHES JOHN M CALKINS DIANE C 3936 WOLF ST DENVER CO 80212 HOMRICH NICHOLAS 3135 SAULSBURY ST WHEAT RIDGE CO 80033 SMITH JANELLE ELAINE SMITH JOEL D 3159 S MONACO CIR DENVER CO 80222 CREEK SIDE HOMEOWNERS ASSOCIATION 81 BROOKMEAD PL SAN ANSELMO CA 94960 ARCHER DOROTHY R ARCHER VINCENT J 3640 MARSHALL ST WHEAT RIDGE CO 80033 7135 PARTNERS LLC % WEISS & VAN SCOYK LLP 600 S LINCOLN AVE 202 STEAMBOAT SPRINGS CO 80487 ORONA ANDY ORONA BRENDA 7025 W 32ND PL WHEAT RIDGE CO 80033 MANN DAVID MIDDLETON LAURIE MANN PHILLIP 3540 QUIVAS ST DENVER CO 80211 ZASADA BRAD D ZUPAN KATHERINE L 6990 W 32ND PL WHEAT RIDGE CO 80033 GREENLEAF BARBARA M 7140 W 32ND PL WHEAT RIDGE CO 80033 WILLHOIT VALERIE 7005 W 32ND AVE WHEAT RIDGE CO 80033 MAHONEY CATHRYN L OLESKEVICH CRYSTAL 7175 W 32ND PL WHEAT RIDGE CO 80033 SMITH DEAN PATRICK SMITH KAREN GRACE EBERLE 7075 W 32ND AVE WHEAT RIDGE CO 80033 VASSOS LARRY L VASSOS CASSANDRA 7085 W 32ND PL WHEAT RIDGE CO 80033 GRIEBENAW DOROLYN S GRIEBENAW DONALD A 2944 OSCEOLA ST DENVER CO 80212 DENILEON MONIKA CONSERVATOR DENILEON MICHAEL A 7140 W 33RD AVE WHEAT RIDGE CO 80033 ZAJICEK BRIAN 6950 W 32ND AVE WHEAT RIDGE CO 80033 HORRELL THEODORE W HORRELL DOROTHY A 7130 W 32ND PL WHEAT RIDGE CO 80033 VAUGHN SHAWN 4011 DOUGLAS MOUNTAIN DR GOLDEN CO 80403 HEINLEN SHARON R 3145 SAULSBURY ST WHEAT RIDGE CO 80033 BENDIKSEN LANCE BURNETT THOMAS R BURNETT BENDIKSEN LAURA YEE RAYMOND YEE BARBARA GAIL A 3120 SAULSBURY ST 3135 E 48TH ST 7135 W 32ND PL WHEAT RIDGE CO 80033 TULSA OK 74105 WHEAT RIDGE CO 80033 OMIECINSKI JANINE LAMBERT MARILEE JEAN LANTZ ERIC WENTORF ERIN J 7095 W 32ND AVE LAMBERT DAVID LEE 7000 W 32ND AVE WHEAT RIDGE CO 80033 7473 S CHERRY CT WHEAT RIDGE CO 80033 LITTLETON CO 80122 CONE HARLES E CONE ALYSIA VARNER SUSAN M VARNERJAMES R 7075 W 32ND PL % JAMES R VARNER WHEAT RIDGE CO 80033 7070 W 32ND PL WHEAT RIDGE CO 80033 SFERRAZZA NANCY A 14611 OHIO ST OMAHA NE 68116 MARTIN DONALD E III 7190 W 32ND AVE WHEAT RIDGE CO 80033 HUBER ALASTAIR T HUBER BETTINA B 3125 REED ST WHEAT RIDGE CO 80033 KULA KATHERINE A 6935 W 32ND PL WHEAT RIDGE CO 80033 SLEVIN MOIRA D SLEVIN JOHN 7145 W 32ND PL WHEAT RIDGE CO 80033 YOHANNES TELAHUN ZAWDIE MARLANE DAWN CHRISTINE 6845 W 32ND AVE WHEAT RIDGE CO 80033 PRITCHET STANLEY R IRIZARRY LAURA 3150 SAULSBURY ST WHEAT RIDGE CO 80033 ROCK STEFAN ROCK MARIA 6950 W 32ND PL WHEAT RIDGE CO 80033 COOLEY DAVID L 7060 W 32ND PL WHEAT RIDGE CO 80033 GRAPHIC SCALE 0 0 5 10 20 ( IN FEET ) I inch = 10 ft. IMPROVEMENT LOCATION CERTIFICATE OF A PARCEL OF • LOCATED IN THE NORTHEASTQUARTER OF SECTION• SOUTH,TOWNSHIP 3 RANGE 69 WEST OF 6TH P.M1 COUNTY OF JEFFERSON, STATE OF / A!• SHEET I OF 1 o M I CENTER QUARTER CORNER OF SECTION 26 FOUND 3.25' BRASS CAP, STAMPED CITY OF WHEAT RIDGE LS 13212 1986,° IN "RANGE BOX I SOUTH LINE OF THE EAST QUARTER CORNER OF SECTION 26 /NORTHEAST QUARTER FOUND 3.75" BRASS CAP, STAMPED "CITY OF OF SECTION 26 WHEAT RIDGE LS 32429 2001," IN RANGE BOX 2637.70' 7075 W. 32ND AVENUE (POSTED) Parcel Description (PROVIDED BY CLIENT) DEED RECORDED ON 6/01/2006 AT RECEPTION NO. 2006065617 PARCEL A: THAT PART OF THE WEST 7/10THS OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 7/10THS OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE NORTH ALONG THE EAST LINE OF THE WEST 7/10THS OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26, 180 FEET; THENCE WEST 75 FEET; THENCE SOUTH 180 FEET TO THE SOUTH LINE OF THE WEST 7/10THS OF THE SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE EAST 75 FEET TO THE POINT OF BEGINNING; EXCEPT A STRIP 30 FEET WIDE ALONG THE SOUTH SIDE OF SAID TRACT TO BE USED FOR THE RIGHT OF WAY OF WEST 32ND AVENUE, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE WEST 75 FEET OF THE FOLLOWING TRACT OF LAND: THE NORTH 125 FEET OF THE SOUTH 155 FEET OF THE EAST 3/10THS OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.; EXCEPTING THEREFROM, THE EAST 55 FEET, COUNTY OF JEFFERSON, STATE OF COLORADO. Notes 1. THIS CERTIFICATE DOES NOT CONSTITUTE A TITLE SEARCH BY FLATIRONS, INC. TO DETERMINE OWNERSHIP, RIGHTS OF WAY, EASEMENTS OR ENCUMBRANCES NOT SHOWN BY THE PLAT THAT MAY AFFECT THIS TRACT OF LAND. THERE MAY BE EASEMENTS OR RIGHTS OF WAY OF THE PUBLIC RECORD THAT MAY AFFECT THIS TRACT OF LAND THAT ARE NOT SHOWN ON THIS CERTIFICATE. 2. AN IMPROVEMENT SURVEY PLAT IS RECOMMENDED TO DEPICT MORE PRECISELY THE LOCATION OF THE IMPROVEMENTS SHOWN HEREON. 3. THE FENCES ARE NOT COINCIDENT WITH THE LOT LINES AS SHOWN HEREON. 4. SPOT ELEVATIONS SHOWN AT THE CLIENT'S REQUEST. ELEVATIONS BASED ON THE FINISHED FLOOR ELEVATION LOCATED AT THE THRESHOLD TO THE FRONT ENTRY OF THE SUBJECT RESIDENCE, WITH AN ASSUMED ELEVATION OF 100.00 FEET. I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR DEAN SMITH, THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF A FENCE, BUILDItIG, OR OTHER FUTURE IMPROVEMENT LINES. THIS CERTIFICATE IS VALID ONLY FOR USE BY DEAN SMITH AND DESCRIBES THE PARCEL'S APPEARANCE ON JULY 2, 2015. 1 FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, JULY 2, 2015, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PPEMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AP;D THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. JOHN B. GUYTON COLORADO P.L.S. #16406 FSI JOB N0. 15-66,067 NOTICE: THIS IMPROVEMENT LOCATION CERTIFICATE IS PREPARED FOR THE SOLE USE OF THE PARTIES STATED HEREON. THE USE OF THIS IMPROVEMENT LOCATION CERTIFICATE BY ANY PERSON OR ENTITY OTHER THAN THE PERSON OR ENTITY CERTIFIED TO WITHOUT THE EXPRESS PERMISSION OF FLATIRONS, INC. IS PROHIBITED. THIS CERTIFICATE IS ONLY VALID FOR 90 DAYS FROM THE SIGNATURE DATE. IT IS NOT A LAND SURVEY PLAT AS DEFINED BY C.R.S. 38-51-102(12) OR AN IMPROVEMENT SURVEY PLAT AS DEFINED BY C.R.S. 38-51-102(9). IT DOES NOT ESTABLISH PROPERTY CORNERS. A MORE PRECISE RELATIONSHIP OF THE IMPROVEMENTS TO THE BOUNDARY LINES CAN BE DETERMINED BY A LAND SURVEY PLAT OR AN IMPROVEMENT SURVEY PLAT. THE IMPROVEMENTS ARE GENERALLY SITUATED AS SHOWN, AND ONLY APPARENT (VISIBLE AT THE TIME OF FIELDWORK) IMPROVEMENTS AND ENCROACHMENTS ARE NOTED. FLATIRONS, INC. AND JOHN B. GUYTON WILL NOT BE LIABLE FOR MORE THAN THE COST OF THIS IMPROVEMENT LOCATION CERTIFICATE, AND THEN ONLY TO THE PARTIES SPECIFICALLY SHOWN HEREON. ACCEPTANCE AND/OR USE OF THIS IMPROVEMENT LOCATION CERTIFICATE FOR ANY PURPOSE CONSTITUTES AGREEMENT TO ALL TERMS STATED HEREON. 11 11 II 11 11 II II II II N n <f 0 m r w m o � E.. d z trij 00 c0 ll r� w 7 Roo° Y -•a H �-r v W CJ z - C) Ci z z1 Q O � ti C:11 Lu ® W ciS N M O 00 a 4 Q) _ 1,j re h0 obi z a O d d w U d W o O B W s W — O W a npaa N p7 Q, M � •� o � N O O 1 z trij 00 c0 ll 7 Roo° oZ_ o v W 0 z1 O � Q M O 00 1,j re h0 obi co . Z O d d w U d O B s W — W a npaa N p7 r s M � •� >0 <00 �0^� M OO o 0 U-) c0 OZ = x �a,Q I gloom RCHR GTS a....e>..�w .o........ .,..wrr..wvw., ..v a.. w_.«,,. .« ...,e....,. w«..".,...n...m.,...,�..�.,.e w>rw<. .,.. I I a o I o 0 I ° ° I N I I yr a9 I 9 ° L 20_ IO 6 ° i a Q a a EXISTING BASEMENT _ LEVEL GARAGE AND , LEVEL 1 LIVING SPACE TO10' - 0" BE REMOVED ---------------- +9933 - ---- EXISTING COVERED PATIO ° �------------------------------- 199.5' + + 99331 I I r I A APPROX. 16' - 0" EXIST. zt , izm - --�-- -�----------� +99.33 / I REPLACE EXISTING PORCH SLAB EXISTING SINGLE STORY DWELLING +/-1,29¢ SF LOT COVERAGE ( I -- EXISTING SINGLE STORY RESIDENCE OVER BASEMENT I I - - e I I I e I 5 SIDE SETBACK REQUIRED FOR EXISTING SINGLE STORY EXI£ RESIDENCE I I I e I 0" + 108.25' I I I B EXISTING COVERED PORCH EXISTING GAS METER - o I � I EXISTING SIDEWALK I ( EXISTING CONCRETE PLANTERS – -- e I I k EXISTING WATER METER I I* 9F, R WEST 32nd AVENUE I I I I i �I I I zpr z'- x'EErt'v.Lnks`a',� I I P` 4111— a'c r?re aye rr rasans_ a•-' �j _ J C Site Plan V =10'-0" —71 ll 0' 5' 10' 20' 40' 1 -------------- EXISTING SHED TO BE REMOVED NEW PATIO 10' REQUIRED SIDE SETBACK FOR 2 STORY RESIDENCE EDGE OF NEW LOW RC?)F, COMPLIANT WITH 6 SITE SETBACK FOR SINGLE STORY EDGE OF NEW HIGH RGOF, LESS THAN 30" ENCROACHMENT INTO 10' SIDE SETBACK FOOTPRINT OF NEW 2 STORY RESIDENCE (SHADED) EXTERIOR STAIR TO BASEMENT REMOVE EXISTING TREE REPLACE EXISTING ELECTRIC PANEL AND NEW DISCONNECT EXISTING BASEMENT LEVEL ENCLOSED PORCH TO BE REMOVED 5' REQUIRED SIDE SETBACK FOR 1 STORY CARPORT EDGE OF ROOF OF NEW 1 STORY CARPORT, LESS THAN 30" ENCROACHMENT INTO SIDE SETBACK FOOTPRINT OF ENCLOSED PORTION CC= NEW 1 STORY CARPORT (SHADED) EXISTING TREE EXISTING DWELLING BASE PLANE: 108.251+ 99.51+ 99.33' + 1015'+ = i C0-8" AVERAGE NEW DWELLING BASE PLANE: 99.5'+ 99.33'+ 99.33'+ 99.25'= 99'--4' AVERAGE NEW SANITARY SEWER EXISTING SANITARY SEWER BUILDING CODE REQUIREMENTS ZONING REQUIREMENTS IRC 2012 WITH AMENDMENTS ZONING DISTRICT: R2 REQUIRED ACTUAL MAXIMUM HEIGHT: 35' <35' MAXIMUM BUILDING COVERAGE: 40% 16% MINIMUM LOT AREA: 12,500 SF 13,750 SF MINIMUM LOT WIDTH: 100' 95' MINIMUM FRONT YARD SETBACK: 25' APPROX 39-5" MINIMUM SIDE YARD SETBACK: 5' PER STORY >5' PER STORY - SEE PLAN MMINIMUM REAR YARD SETBACK: 10' >10' M 114" = T-0" ®COPYRIGHT SA -R ARCHITECTS ". w..,-. •,o,.,e�...m.v..n..,,,,.n............".a......m......��m.m. ._��...._,,....�.. . «..�o..d,. UU1 AT �OUiAT ETE WALK @ 99-A" 2 M01 w 114"= T-0" 11 iUT iE FROM )UT AT OUT AT BELOW .LOW KEYNOTE SYMBOL i TA Phase:Date: F6.28.15 Issued For / ZONING VARIENCE r4 ■ . . Sheet Name: Level I * Plans J W w J (V r C) O tfy r c0 114'= 1 '-0" ©COPYRIGHT SA+R ARCHITECTS n..,...",....."".,..a...+......o,.v.�wv....+>.",....,+w�•-��..._^^^^w.=.+"..•wa.�ww.----.+,.r.+d-,�.....� DOWNSPOUT TO GRADE 114"= T -W A-300 3 1550 WYNKOOP STREET SUITE 100 DENVER CO 80202 303 4369551 PV SOLAR PANELS, SYSTEM SIZE TO BE CONFIRMED GUTTER AT ROOF PERIMETER LOWER ROOF DOWNSPOUT TO LOWER ROOF Date: 09.28 Issued For / Phase: ZONING VARIENCE APPL Revisions: Sheet Name: Basement & Ro Plans r J W Ui W J N CTi C) 0 ui 0 ti N M T co r r r 0 N i N WINIMM C11111111111M. - -Exist 99' - Level -2 109'- 11 1/2" Levet - 1 100' - 0" Height Limit — 134'-4" �4" M 1/4'= IA" IN M 1/4'= V-0" ®COPYRIGHT SA -R ARCHITECTS m. ., a..o...o-m�..a....�.« ..a.s.."..�.® e.. ....e.m.-.-m�......w.a........n .,.A....-.x.,.�,....,>..�..®. ht Limit - 4" — v Ba; - 4" tjk Levi 109' im 1/4" =1'-0" ME 114" =1'-0" 19Ar Issued For / Phase: ZONING VARIENCE APPL Revisions: Exist L1 108' _-6 1/2" Exist B A--� 1111111 .. - Sheet 57487 JEFFERSON COUNTY COLORADO RON SANDSTROM REAL PROPERTY NOTICE OF VALUATION Jefferson County Assessor NOTICE DATE - MAY 1 2015 100 Jefferson County Pkwy THIS IS NOT A TAX BILL Golden, CO 80419-2500 021588 SMITH DEAN PATRICK SMITH KAREN GRACE EBERLE 7075 W 32ND AVE WHEAT RIDGE. CO 80033-6260 '111111'll'I"1111'11'1111111'lll'I'lll'lllllll'llll"I' SCHEDULE NO. PROPERTY ADDRESS 021588 7075 W 32ND .AVE LEGAL DESCRIPTION CURRENT YEAR ACTUAL VALUE (appraisal date June 30, 2014) 303- 271-8600 - Information 303- 271-8616 - Fax 303- 271-8601 — TDD Regular Office Hours: T30 AM - 5:30 PM Monday through Friday AREA NEIGHBORHOOD 02 2405 PROPERTY CLASS TAX DIST RESIDENTIAL 1212 3142 SUB BLOCK LOT KEY SEC TWN RNG OS PRIOR YEAR ACTUAL VALUE (appraisal date June 30, 2012) 179 26 03 69 NE CHANGE IN VALUE 379,040 312.980 66.060 Your property was valued as it existed on January 1 of the current year. Appraisal data used to establish current year actual value was from the 24 -month period ending June 30, 2014. We are required to use this appraisal date by law. The tax notice you receive next January will be based on this value. If the senior citizen or disabled veteran property tax exemption applies to your property, it is not reflected in the value shown above. Your right to appeal the classification and/or value ends on June 1, 2015. Neighborhood sales used to develop residential Current Year Actual Values may be viewed at http://assessor.ieffco.us PLEASE REVIEW THE DESCRIPTION BELOW (if any), MAKE ANY NECESSARY CORRECTIONS, AND RETURN A COPY OF THIS PAGE TO THE ASSESSOR'S OFFICE. WE CANNOT MAKE CHANGES OVER THE PHONE. RESIDENTIAL INVENTORY: DESIGN: RANCH YEAR BUILT: 1957 ITEMS NO. AREAS CONST. SQFT AD3. CATEGORY MAIN BEDROOM 3.0 FIRST FLOOR MASONRY 1790 BSMT BEDROOM 1.0 BSMT TOTAL 1296 MAIN BATH 1.0 BSMT FINISHED 100 3/4 BATHS 1.0 COVERED PORCH 238 1/2 BATHS 1.0 BLT—UNDER GAR MASONRY 420 MAIN FIREPLCE 1.0 W/O BASEMENT BSMT FIREPLCE 1.0 ENCLOSE PORCH 246 CENTRAL AIR WOOD DECK 560 LAND CHARACTERISTICS TRAFFIC COLLECTOR STREET SQFT TAX YEAR 2015 TAXES PAYABLE IN 2016 YOU HAVE THE RIGHT TO PROTEST YOUR PROPERTY VALUE OR ITS CLASSIFICATION REAL PROPERTY PROTEST PROCEDURES (Land and Improvements*) REAL PROPERTY VALUATION PROTESTS: If you disagree with the "CURRENT YEAR ACTUAL VALUE" or the "PROPERTY CLASS" determined for your property, you may file a protest with the County Assessor. TO PROTEST BY MAIL OR FAX OR ONLINE: You may elect to complete the protest form on the last page, detach it from this page, and mail it to the Assessor at the address listed on the form or fax it to 303-271-8616. Also, there is a residential appeals form at http://assessor.jeffco.us which you may complete online. To preserve your right to protest, your protest must be POSTMARKED, TRANSMITTED BY FAX, OR ENTERED ONLINE NO LATER THAN JUNE 1, 2015 (39-5-122(1), C.R.S.). TO PROTEST IN PERSON: You may present oral or written objections to the Assessor in person at the Assessor's Office ON OR BEFORE JUNE 1, 2015. The form on the last page will help you prepare. The Assessor's Office is on the second floor of the Jefferson County Administration Building, 100 Jefferson County Parkway, Golden, Colorado. AFTER JUNE 1, THE PROTEST PROCEDURE CANNOT BE USED TO DISPUTE THE CURRENT YEAR ACTUAL VALUE OR CLASSIFICATION, HOWEVER, OTHER ADMINISTRATIVE PROCEDURES MAY APPLY. TO PRESERVE YOUR APPEAL RIGHTS, YOU MAY BE REQUIRED TO PROVE YOU HAVE FILED A TIMELY PROTEST. THEREFORE, WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING. ASSESSOR'S DETERMINATION: The Assessor will make a decision on your protest and mail a Notice of Determination starting July 1, and must mail it to you by the last regular working day in August (39-5-122(2), C.R.S.). APPEALING THE ASSESSOR'S DECISION: If you are not satisfied with the Assessor's determination of value, or if you do not receive a Notice of Determination from the Assessor, you should file a written appeal with the County Board of Equalization on or before September 15, 2015. County Board of Equalization hearings will be held at the Jefferson County Administration Building. ASSESSMENT PERCENTAGE: An assessment percentage will be applied to the Current Year Actual Value of your property before property taxes are calculated. The assessment percentage for residences is projected to be 7.96%. Generally, all other property, including vacant land, is assessed at 29% (39-1-104 (1) and 39-1-104.2 C.R.S.). A change in the projected residential assessment percentage is NOT grounds for protest or abatement of taxes (39-5-121 (1), C.R.S.). FILING DATES: If the date for filing any report, schedule, claim, tax return, statement, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day (39-1- 120(3), C.R.S.). For more information, contact the Assessor's Office Phone: 303-271-8600 Website: http://assessor.jeffco.us E-mail: assessor@jeffco.us * "Improvements" means all structures, buildings, fixtures, fences, and water rights erected upon or affixed to the land. whether or not title to such land has been acquired (39-1-102(6.3), C.R.S.). KEEP THIS PAGE FOR YOUR RECORDS OFFICE OF COUNTY ASSESSOR RON SANDSTROM 100 JEFFERSON COUNTY PARKWAY Assessor GOLDEN, CO 80419-2500 Dear Jefferson County Property Owner: The 2015 Current Year Actual Value on the first page of this notice is to be used in calculating your property taxes payable in 2016. It reflects the market value of the property as of June 30, 2014 for the condition, use of, and improvements located on, the property as of January 1, 2015. State law requires that the Assessor use these dates. I know that there have been changes in values in many neighborhoods since June 30, 2014 and that the Current Year Actual Value may not reflect the market value of your property when you receive this notice. Increases since June 30, 2014 are not reflected in our 2015 valuation under State law. For residential property, market value is determined by comparing your property to similar properties that sold during the period from June 30, 2012 to June 30, 2014 and adjusting for market changes to the June 30, 2014 level of value. Sales used to develop the residential Current Year Actual Value are available at our office and on our website: htty:Hassessor.ieffco.us . Use the Property Records Search to locate your property and click on the Neighborhood Sales tab. For non-residential property, cost and income approaches to value are also considered. If you disagree with the valuation in this Notice, you may appeal to the Assessor's Office during the period beginning May 1 and ending on June 1. If you appeal in person, our normal office hours are 7:30 a.m. to 5:30 p.m. weekdays. If you appeal by mail, facsimile, or e-mail, the postmark or transmission date must be on or before June 1, 2015. Use the appeal form on the back of this page to assist in your appeal. If you appoint an agent to act on your behalf, your agent must have your written authorization. Senior and Disabled Veteran Property Tax Exemption. If you have already been approved for the Senior or Disabled Veteran Property Tax Exemption, you do not need to reapply. If you met the qualifications prior to January 1, 2015 and have not applied, you should do so prior to July 15, 2015. See our website at hUWassessor;jeffco.us for forms and additional information. Our mission at the Jefferson County Assessor's Office is to provide fair and accurate valuations of all property in Jefferson County for property tax purposes. I hope this letter is helpful in explaining the Notice of Valuation and the valuation process. Please feel free to contact our office at any time with questions or concerns you may have. Sincerely, Ron Sandstrom Jefferson County Assessor http://assessor.jeffco.us REAL PROPERTY PROTEST FORM YOU MAY ELECT TO COMPLETE THIS FORM TO PROTEST YOUR VALUATION OR CLASSIFICATION PROTESTS MUST BE FILED ON OR BEFORE JUNE 1, 2015 SCHEDULE NO. AREA NEIGHBORHOOD PROPERTY CLASS 021588 02 2405 RESIDENTIAL 1212 :_)V�NF , SMITH DEAN PATRICK SALES FROM THE 24 -MONTH PERIOD ENDING JUNE 30, 2014 are used to determine the actual value of your property. Include the sales from that period, if any, you used to estimate the value of your property accounting for differences between sold properties and your property. SELLING SCHEDULE DATE SOLD PROPERTY ADDRESS PRICE NO. Please state your estimate of the market value of the property as of June 30, 2014: $ Please submit copies of any other data you wish to submit to support your opinion of the property value. Colorado law allows consideration of only the market approach to value for residential and apartment properties, and the cost, market, and income approaches to value for vacant land, commercial and industrial property. Reason for requesting a review: VERIFICATION: I, the owner of, or agent for the owner of, this property, state that the information and facts contained herein and on any attachments constitute true and complete statements concerning the described property. Signature: Date Check One: Owner Agent If Agent is completing form, please attach written permission from owner. Indicate name and day phone number of a person the Assessor may contact if an on-site inspection is necessary: If mailed - postmarked no later than June 1, 2015 - send to: Ron Sandstrom Jefferson County Assessor 100 Jefferson County Parkway Golden, CO 80419-2500 v CD d n Z CD cD m Q WHEN RECORDED RETURN TO: Dean Patrick Smith and Karen Grace Eberle -Smith 7075 West 32nd Avenue Wheat Ridge, CO 80033 WARRANTY DEED THIS DEED, dated May 31, 2006, between IIPIIIIIIPIIIIIIIIIIIPIIIIiII'Illllllllllllllllllllillllflll D $32 :50 2006065618 WD 06/01/2006 11:04:42 AM 2 Page(s) Jefferson County, Colorado Lee Michele Johnson of the County of Jefferson and State of Colorado, grantor(s), and Dean Patrick Smith and Karen Grace Eberle -Smith, whose legal address is 7075 West 32nd Avenue, Wheat Ridge, Colorado, grantee(s): SDF $32.50 I CO 80033, of the County of Jefferson and State of WITNESS, that the grantor(s), for and in consideration of the sum of Three Hundred Twenty Five Thousand and 00/100 Dollars ($325,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, not in tenancy in common, but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" also known by street and number as: 7075 West 32nd Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2006 and subsequent years, and except easements, covenants, cc :dit;ans, restr4cticns, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed,this deed W tlL date set forth above. Lee Michel e!) Jo nson STATE OF COLORADO ) )SS COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me�y-3i., 2006 by Lee Michele Johnson. Witness my hand and official seal. My Commission Expires: la : N otary'Pu Exhibit "A" Parcel A: That part of the West 7/10ths of the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at the Southeast corner of the West 7/10ths of the said Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 26; thence North along the East line of the West 710ths of the said Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 26, 180 feet; thence West 75 feet; thence South 180 feet to the South line of the West 710ths of the said Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 26; thence East 75 feet to Point of Beginning; Except a strip 30 feet wide along the South side of said Tract to be used for the right of way of West 32nd Avenue, County of Jefferson, State of Colorado. Parcel B: The West 75 feet of the following Tract of land: The North 125 feet of the South 155 feet of the East 3/10th of the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 3 South, Range 69 West of the 6th P.M., Excepting therefrom, the East 55 feet, County of Jefferson, State of Colorado. ra �11�II1111111111111111111111111111111111111111111111111111! D $0.00 2009028656 RLTD 04/03/2009 07:30:00 AM 1 Page(s) Jefferson County, CoLoradn Original Note and Deed of Trust Returned to: Jessica Fretwell/NTC,2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346-9152 WHEN RECORDED RETURN TO: CHASE HOME FINANCE LLC C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 Prepared/Received by: CHASE HOME FINANCE LLC C/O NTC 2100 Alt. 19 North Palm Harbor, FL 34683 REQUEST FOR FULL M /PARTIAL U RELEASE OF DEED OF TRUST AND RELEASE BY OWNER OF INDEBTEDNESS WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO §38-39-102 (1) (a) AND (3), COLORADO REVISED STATUTES) 03/11/2009 Date DEAN PATRICK SMITH AND KAREN GRACE EBERLE-SMITH Original Grantor (Borrower) 7075 W 32ND AVE WHEAT RIDGE, CO 80033 Current Address of Original Grantor, Assuming Party, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR SIERRA drCm,SrheOne?iciary (Lender) PACIFIC MORTGAGE COMPANY, INC. 03/28/2007 Date of Deed of Trust 41/04/2007 7D�ate of Recording and/or Re -Recording of Deed of JEFF=ERSON Doe No. 2007037995 Bort, Page Recording Information County Rcpt. No. and/or Film No. and/or Book/Page No. and/or Torrens Reg. No. TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED TIM WILL BE DEEMED A FULL RELEASE.) Pursuant to § 38-39-102 (3), Colorado Revised Statutes, in support of this Request for Release of Deed of Trust, the undersigned, as the owner of the evidence of debt secured by the Deed of Trust described above, or a Title Insurance Company authorized to request the release of a Deed of Trust pursuant to § 38-39-102 (3) (c), Colorado Revised Statutes, in lieu of the production or exhibition of the original evidence of debt with this Request for Release, certifies as follows: 1. The purpose of the Decd of Trust has been fully or partially satisfied. 2 The original evidence of debt is not being exhibited or produced herewith. 3. It is one of the following entities (check applicable box): a. ® The holder of the original evidence of debt that is a qualified holder, as specified in § 38-39-102 (3) (a), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; b. The holder of the evidence of debt requesting the release of a Deed of Trust without producing or exhibiting the original evidence of debt that delivers to the Public Trustee a Corporate Surety Bond as specified in § 38-39-102 (3) (b), Colorado Revised Statutes; or C. A Title Insurance Company licensed and qualified in Colorado, as specified in § 38-39-102 (3) (c), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; CHASE HOME FINANCE, LLC Name and Address of the Holder of the Evidence of Debt Secured by Deed of Trust (Lender) or name and address of the Title Insurance Company Authorized to Request the Release of a Deed of Trust CRYSTAL MOORE VICE PRESIDENT 780 Kansas Lane, Suite A Monroe, LA 71203 Title and Address of Officer, Agent. or Attorney of the Holder of the Evidence of Debt Secured by Deed of Trust (Lender) VICE PRESIDENT STATE OF LORIDA COUNTY OF PINELLAS The fore mg Request for Release was acknowledged before me on 03/11/2009 by CRYSTAL MOORE VICE PRESIDENT of CHASE HOME FINANCE, LLC BRYAN 1. BLY Notary Public Witness my hand Date Commission Expires 07/01 Notary PubllcnStae of Floridan ` Comission # DD 691055 seal �.Expires Jul yy 01 2011 Bow Thnwgh NadonoI Assn. RELEASE OF DEED OF TRUST WHEREAS, the Gr ar(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced abov n the Statc of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein: and WHEREAS, t e indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the holder of the evidence of debt or Title Insurance Company authorized to request the release of the Deed of Trust; NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, 1, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging. Pu hc� Trustee Ma aret T. Chapman "`" blit Trustee City of Rev. 5/2014 , ''W heat P,ic ire MUN17Y DEVELOPMENT Submittal Checklist: Variance Project Name: Smith Residence Project Location: 7075 West 32nd Ave., Wheat Ridge 80033 Application Contents: A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present. The following items represent a complete variance application: -_g,1. Completed, notarized land use application form __0,2. Application fee X 3. Signed submittal checklist (this document) � 4. Proof of ownership—e.g. deed N 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) _)C6. Written request and description of the proposal K Include a response to the variance review criteria—these are found in Section 26-115 of the municipal code Include an explanation as to why alternate designs that may comply with the zoning standards are not feasible Include an explanation of the unique physical hardship that necessitates relief 7. Survey or Improvement Location Certificate (ILC) of the property 8. To -scale site plan indicating existing and proposed building footprints and setbacks X9. Proposed building elevations indicating proposed heights, materials, and color scheme As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need t be e a ter the s d (2"d) full review, I will be subject to the applicable resubmittal fee. Signature: Date: 22 July 2015 Namelease Dean Smith 303.908.2619 (P P rint ): Phone: Community Development Department • (303) 235-2846 - www.ci.wheatridge.co.us Dean Smith & Karen Eberle -Smith 7075 W 32nd Ave., Wheat Ridge CO 80033 303.908.2619 Sept, 28 2015 7075 Variance Request Wheat Ridge Planning Staff, It is our desire to construct a second dwelling on our current property at 7075 West 32nd Avenue. Our intent is to design and construct a modest residence that is highly energy efficient which would become our primary residence. We have lived at this address with our two children for over nine years. It is located in the R2 zone district which allows two family dwellings provided the lot area is a minimum of 12,000 sf and minimum lot width of 100'. The existing dwelling is a single story and includes a walk -out basement. The topography of the parcel has significant fall towards the rear of the site, approximately 8'. There are multiple spot elevations on the site plan to describe the existing condition. The new work does not include any significant grading work. The actual site area is 13,750sf, approximately 13% greater than the requirement. The actual lot width is 95'. We are submitting a request for variance for minimum lot width of 95' in lieu of 100'. A EXISTING PROPOSED PROPOSED RFSIDFNCF RESIDENCE CARPORT We appreciate the existing building design and the relationship it has with the street. So that the existing building remains as the primary structure as seen from the street, and to provide ample parking for both dwellings, the new building will be significantly set back from the street. This places the new building on a flat portion of the site at the lower elevation. The building design includes a flat roof with large overhangs to emulate the existing building. Thank you for your consideration, please contact us with any questions or concerns. Dean S Karen Eberle-Smi y, heat. kid9e, 6 GDBA 0j I�piI�N FE ��O�N �I�H FSS �Da�l luHZ�� "� IpDURSEMENT FEt RE 12e.�8 A110uN� Et�SD ZpNIN� FNSD a2s•�a 40�e� s�,2p 5-- 48 TOjP� __- m City of �S1/l�.•����� W haat I Ldgc LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Dean Smith Address City Wheat Ridge State 7075 W 32nd Ave Phone 303.908.2619 CO Zip 80033 Fax NA Owner Dean Smith & Karen Eberle Smith Address 7075 W 32nd Ave City Wheat Ridge State CO Zip 80033 Phone 303.908.2619 Fax NA Contact Dean Smith Address 7075 W 32nd Ave Phone 303.908.2619 City Wheat Ridge State CO Zip 80033 Fax NA (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 7075 W 32nd Ave Type of action requested (check one or more of the actions listed below which pertain to,your request): Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted O Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit 0 Subdivision: Major (More than 5 lots) O Flood Plain Special Exception O Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment O Concept Plan approval P3 Variance/Waiver (from Section 26-209 b. ) 0 Planned Building Group 0 Right of Way Vacation 0 Other: Detailed description of request: Varience request to allow the actual lot width of 95' in lieu of the 100' required for a two family dwelling. This represents a 5% change from the requirement. The lot area is 110% of the required 12,500 sf. �� _ „ :7_.4--.,l Required information: Assessors Parcel Number: Size of Lot (acres or square footage): 13,750 sf Current Zoning: R2 Proposed Zoning: R2 Current Use: one family dwelling Proposed Use: two family dwelling 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, 1 am acting with the knowledge and consent of those p sons lute ab e, without consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power--attorn fro e o w i approved of this action on his behalf. Notarized Signature of Applicant ofColorado} ss -DCnv� Coate unt y ,\\'�MARCpG-I- The foregoing instrument (Land Use Processing Application) was acknowledged '- NOTARY : by me this Qday of 1 , 20 by Qp-p.�(l !amt —'� J, ..PUBLIG;:� Notary Public � My commission expires Lo /c9&/20J_b To be filled out by staff: Date received 12f - tri Comp Plan Design. Related Case No. Fee $ .� C C t Receipt No. Case No. L� n 15-11 Zoning Quarter Section Ma C Pre -App Mtg. Date Case Manager : 1 c '�