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HomeMy WebLinkAboutWA-15-06City of " W heat �icige COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building July 2, 2015 David Fisher 2990 Marshall Ct. Wheat Ridge, CO 80214 Dear Mr. Fisher: RE: Case No. WA -15-06 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please be advised that at its meeting of June 25, 2015 the Board of Adjustment APPROVED your request for a 21 -foot (84%) variance from the 25 -foot setback requirement for side yards facing a public street, resulting in a 4 -foot setback from the property line for a detached garage in the Residential -Two (R-2) zone district for property located at 2990 Marshall Court 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. Topography and easements on the property significantly reduce the buildable area of the lot. 4. The alleged hardship has not been created by any person presently having an interest in the property. 5. The request would not be detrimental to the public welfare. 6. No objections were received regarding the variance request 7. Staff feels the plan for a 20 -foot driveway will be appropriate now and into the future. 8. The driveway length will exceed the 18 -foot minimum established by the zoning code. 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, a Kim Waggoner Administrative Assistant Enclosures: Certificates of Resolution Draft of Minutes cc: WA -15-06 (case file) WA I506.doc www.ci.wheatridge.co.us CERTIFICATE OF RESOLUTION I, Kelly Stevens, 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 25th day of June 2015. CASE NO: WA -15-06 APPLICANT'S NAME: David L. Fisher WHEREAS, application Case No. WA -15-06 was not eligible for administrative review; 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; and NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15-06 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of a 21 -foot variance to allow a 4 -foot setback in a side yard adjacent to a public street, in the R-2 zone district, and for the construction of a detached garage. 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. Topography and easements on the property significantly reduce the buildable area of the lot. 4. The alleged hardship has not been created by any person presently having an interest in the property. The request would not be detrimental to the public welfare. 6. No objections were received regarding the variance request 7. Staff feels the plan for a 20 -foot driveway will be appropriate now and into the future. Board of Adjustment Page 1 8. The driveway length will exceed the 18 -foot minimum established by the zoning code. VOTE: YES: ABBOTT, BANGHART, BELL, GRIFFETH, HOVLAND, GRIEGO, KUNTZ, and RICHMOND NO: ABSENT: PAGE and BRADFORD ADOPTED and made effective this 25th day of June 2015. Paul Hovland, Chair Board of Adjustment Kelly Stevens, Secretary Board of Adjustment Board of Adjustment Page 2 3. 4. 1. City of Wheat I�dge BOARD OF ADJUSTMENT Minutes of Meeting June 25, 2015 CALL MEETING TO ORDER The meeting was called to order by Chair HOVLAND at 7:04 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: Alternates Present: Board Members Absent Staff Members Present PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING A. Case No.WA-15-06 Thomas Abbott Sally Banghart Janet Bell Paul HOVLAND Michael GRIFFETH Larry Richmond Lily Griego David Kuntz Betty Jo Page Dan Bradford Gerald Dahl, City Attorney Kenneth Johnstone Community Development Director Meredith Reckert, Sr. Planner Lauren Mikulak, Sr. Planner Kelly Stevens, Recording Secretary The case was presented by Lauren Mikulak. 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 Board of Adjustment Minutes June 25, 2015 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 21 -foot (84%) variance from the 25 -foot setback requirement for side yards facing a public street. The purpose of this variance is to allow for the construction of a two -car detached garage with a 4 -foot setback on the northern portion of the property. The variance request would result in a 4 -foot side yard setback, but the proposed garage would meet all other development standards including height and maximum size. Staff recommends approval of this variance. There are unique circumstances attributed to this request that warrant approval. Paul HOVLAND asked about the entry to the current garage and stated it seems to be a very tight entrance from Marshall. Ms. Mikulak stated the new driveway would be off of 30`h Avenue. Member GREIGO asked if there was a natural swale on this section of the property. She wanted to know if the applicant has demonstrated he will maintain current drainage. Ms. Mikulak stated that currently, they have not progressed to full design plans just yet, but adequate drainage will be part of conditions. Member ABBOTT asked if the conditions at the site are consistent with the representations depicted in the presentation. Ms. Mikulak responded that size, orientation, roof pitch, drainage, etc. are standard elements that are required with a variance. Dave Fisher 2990 Marshall Ct, Mr. Fisher explained that he is aware that he will be required to include a culvert for proper drainage at the site because of the drastic changes in topography. He also expects to include a French drain behind the new building as well. Member GRIEGO asked what size the current garage is and what the applicant plans to house in the new garage. Mr. Fisher stated the current garage is a 2 car garage, but the current driveway is odd at best. The current garage and driveway configuration will only accommodate a standard sized car. With the weird angle, most of the family has to use off-street parking. His family has 5 cars in total. He plans to park his boat and his teenagers' vehicles in the new garage. Chair HOVLAND asked about the trailer pictured in the photographs. Board of Adjustment Minutes June 25, 2015 2 Mr. Fisher responded that it will be moved to a spot perpendicular to where it is presently located. It will not be stored in the garage. Member ABBOTT asked if the severe grade change is the only reason why the garage is not oriented to Marshall instead of 30`h Avenue. Mr. Fisher stated it was. The topography is difficult and steep when entered from Marshall. The area flattens out on the 30`h Avenue frontage and he wants to build on the flattest part of the property and avoid major changes to the topography of the site. The Denver Water easement encompasses most of the lawn area, which pushes the buildable parts of the site to the north end. He wants to build a 24 x 36 foot garage and the orientation of the property keeps it on the flattest part of the property. Member RICHMOND asked the applicant to elaborate on the need for a French drain. Mr. Fisher responded that he assumes he will have to address drainage issues on the property and plans on a culvert along 30`h Avenue and a French drain at the back of the garage. Regardless of City requirements, he has to divert drainage from top of the property or he will have problems with water later on. Member GRIFFETH asked how the applicant determined the 4 foot setback was necessary. How did he come up with the number for the setback? Mr. Fisher stated he was trying to orient the new garage to keep on the flat part of the property. The closer the garage sits to the street, the more it mitigates the problems with the topography of the site. By utilizing the flat frontage along 30`' Avenue, he can eliminate the steep driveway. He stated his family has no intention of parking cars where they can't see them. They won't ever have cars parked in front of the garage. His neighbors would see the parking and may not like it, so his family won't park there. Chair HOVLAND asked if Mr. Fisher intends to keep gate pictured along Marshall. Mr. Fisher responded that he will not keep the gate as pictured — it will become fence. That corner with current gate is challenging to turn in to. He plans to make it fence and seal it off. He will then add a Gate on the 27' side of the garage. There will be no fence on front of garage. Member ABBOTT asked the applicant if he had looked into grade mitigation with any engineers. Mr. Fisher responded that he fully expects this to have to be done. He doesn't want to increase the grade of that driveway, and he can't change the topography of the street, so has to deal with the situation and use the flat frontage along 30`h. The culvert he plans for drainage will help reduce the grade. He wants to stay in Wheat Ridge a very long time and needs to enhance his property accordingly. Board of Adjustment Minutes June 25, 2015 Member GREIGO asked if the applicant had a back-up plan in case this application was to be denied. Mr. Fisher replied that he really has no other option because of the topography of the lot and the Denver Water easement that runs across it. This severely limits his options. If the request is denied, then he just won't build a second garage. Chair HOVLAND asked staff if it was legal to have driveway along 30`h Avenue. Lauren Mikulak answered that driveways have to be 25' from intersection and must be 4 feet or less or over 18 feet in length. Driveways are not permitted to be 5-18 feet in length, but this planned driveway is 20 feet, so it is legal. Chair HOVLAND stated that the property presents a challenge and unique circumstances. Mr. GRIFFETH referred to page 12 of the handout and asked how wide will the garage doors be. Mr. Fisher stated he had planned on 2 15 foot doors. Ms. Mikulak stated the project is well within the allowable size of 1000 square feet. The planned size of the garage is 24' x 36'. Upon a motion by Member KUNTZ and seconded by Member BELL, the following motion was stated: WHEREAS, application Case No. WA -15-06 was not eligible for administrative review; 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; and NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15-06 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of a 21 -foot variance to allow a 4 - foot setback in a side yard adjacent to a public street, in the R-2 zone district, and for the construction of a detached garage. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the locality Board of Adjustment Minutes June 25, 2015 4 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. Topography and easements on the property significantly reduce the buildable area of the lot. 4. The alleged hardship has not been created by any person presently having an interest in the property. 5. The request would not be detrimental to the public welfare. 6. No objections were received regarding the variance request 7. Staff feels the plan for a 20 -foot driveway will be appropriate now and into the future. 8. The driveway length will exceed the 18 -foot minimum established by the zoning code. Motion approved by MEMBER KUNTZ, seconded by MEMBER BELL; Motion Carried 8-0 5. CLOSE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — May 28, 2015 It was moved by Board Member BANGHART and seconded by Board Member Thomas ABBOTT to approve the minutes as written. The motion passed 6-0-2 with Board Member KUNTZ and GRIEGO abstaining. 8. ADJOURNMENT Chair HOVLAND adjourned the meeting at 7:46 p.m. Paul HOVLAND, Chair Kelly Stevens, Recording Secretary Board of Adjustment Minutes June 25, 2015 5 L�Eu;uJ Y O O v— OA U� C N U v w L � Y � E O > Q) c Ln ` v D > c o > p CU -0_o v O 0 co c; 'D N c- o v > Y > U O ti O v O_ Q fir i I M 3D lleysjLVy 3 a - cu c c N e MGM= Y O O v— OA U� C N U v w L � Y � E O > Q) c Ln ` v D > c o > p CU -0_o v O 0 co c; 'D N c- o v > Y > U O ti O v O_ Q fir i I M 3D lleysjLVy 3 a - cu c c N _0O p L N (li O v CQ _0 m a o � O rti O O N t 4-J O U i5 T O L _ 3 ll CL O W � 'C .� .0 Y N 3 O w Ileysir�y d�Yy� r d 0 Q Q LL yyc - zn 3 a a ai a 41 o J .. J a ,n w O a . O u CC C ji Ln O _0O Iv v OD u t O U O m vii v -0N _0 L 41 O ra Ln O u O Ln O C: v ro - _0 � v QJ C +J -p Lr) O O Ln • - O N vi O IZ o -p 0 E L. rp O a, O d I 04 Q I I 1 C ro a a, Mi Y C � d Q o t O M Q L J m 10IleysjLw alei v F1 c m a V) W 4. W c a c 0 tou a a on to a 0 CL 0 Q a L >t _o a v a c L 0 0 L CL a O a v o v v o v � v c .° oD a o 3 vO £C .=1 u ... L m C '- O L m O. v t W, > > 0 Yn o v Y O C d O y L O °> > o �� L a > > m N •3 m w � v � v . > (L' a N m c p u u CL --� � C N N i N d a N Q _Y N a a m o O O_ o.o v v o O a 3 c cu O Ln D_ +-' N N 7 C r3 v''„ > d u Oto L) a Q v o •3 a nY Od m Y O c a c 0 tou a a on to a 0 CL 0 Q a L >t ye] CASE MANAGER: CASE NO. & NAME City of Wheat�idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Board of Adjustment Lauren Mikulak WA -15-06 / Fisher MEETING DATE: June 25, 2015 ACTION REQUESTED: Approval of a 21 -foot variance from the 25 -foot setback requirement for side yards facing a public street for property located at 2990 Marshall Court and zoned Residential -Two (R-2) LOCATION OF REQUEST: 2990 Marshall Court APPLICANT (S) OWNER (S): APPROXIMATE AREA: David Fisher David Fisher 11,683 Square Feet (0.27 Acres) PRESENT ZONING: Residential -Two (R-2) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Board of Adjustment Case No. WA -15-06 /Fisher Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. I. REQUEST The applicant is requesting approval of a 21 -foot (84%) variance from the 25 -foot setback requirement for side yards facing a public street. The purpose of this variance is to allow for the construction of a two -car detached garage with a 4 -foot setback on the northern portion of the property. 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. Because this application includes a variance request that exceeds 50% of the development standards, the application is not eligible for administrative approval and is required to be heard at a public hearing before the Board of Adjustment. II. CASE ANALYSIS The applicant, David Fisher, is requesting the variance as the property owner of 2990 Marshall Court. The variance is being requested so that the applicant may construct a 24' x 36' detached two -car garage on the north side of the property adjacent to W. 30`h Avenue (Exhibit 1, Aerial). The property is zoned Residential -Two (R-2), a zone district that provides for high quality, safe, quiet and stable low to moderate -density residential neighborhoods, and prohibits activities of any nature which are incompatible with the residential character. The site is surrounded by other residentially zoned properties, including those zoned Residential -One (R-1), Residential -One C (R -1C), Residential -One A (R -IA), and Residential -Two (R-2). Single-family homes _surround the property to the west and south. Across the street to the northwest is a church (Exhibit 2, Zoning Map). According to Jefferson County records, the parcel has an area of 11,683 square feet and contains a two-story single-family home that was constructed in 2002. The home is located on the far southern end of the lot. A paved driveway provides access off of Marshall Court. Currently, there is a two -car garage attached to the south side of the home. This garage is positioned at an awkward angle in relation to the driveway and street which makes it difficult to navigate larger vehicles and equipment into and out of the garage (Exhibit 3, Site Photos). The proposed garage will accommodate vehicles and recreational items that are currently stored in view of the right-of-way. Three notable features significantly reduce the buildable area of the lot. First, the property is a corner lot which requires enhanced 25 -foot setbacks from both street frontages. Second, the topography of the site results in a change in grade of about 10-12 feet from north to south across the site (Exhibit 4, Topo Map). Lastly, a 60 -foot wide easement bisects the property; it contains a water main and is recorded on the subdivision plat as a "D.M.W.W. Right of Way" (Exhibit S, Recorded Plat). The easement consumes the middle third of the property and explains why the existing home is built on the far southern end of the site. The applicant purchased the property in 2002 shortly after the home was constructed by a previous owner. A small portion of the existing home appears to extend into the easement and will be allowed to remain, however no new permanent structures are permitted to be constructed within the easement. Board of Adjustment Case No. WA -15-06 / Fisher Because no structures may be constructed in the easement, the garage is proposed to be located at the northern end of the property with a 4 -foot setback from the W. 30`h Avenue right-of-way (Exhibit 6, Proposed Plans). The reasons for the minimal 4 -foot setback are twofold. Section 26-625 of the zoning code prohibits detached garages from having a setback between 5 and 18 feet. The purpose of this regulation is to prevent a vehicle from parking in the driveway and conflicting with the street. The garage is located 4 feet from the property line and approximately 20 feet from the edge of the street which is an ideal setback based on the code requirements. The topography of the site also explains the minimal setback. The site is slightly steeper in the middle and continues to rise toward the south. Moving the garage further south gets increasingly challenging based on the topography of the lot. As mentioned above, the variance request would result in a 4 -foot side yard setback, but the proposed garage would meet all other development standards including height 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 9,000 square feet min 11,683 square feet Lot Width 80 feet min on each frontage) 80 feet / 127 feet Major Accessory Structures: Required Proposed Garage Building Size 1,000 square feet max 864 square feet Height 15 feet max f 12 feet Front west Setback 25 feet min 25 feet Rear east Setback 10 feet min 17 feet Side (north) Setback 25 feet min 4 feet The 15 -day notification period for the public hearing is currently in progress. As of June 18, 2015 no objections or inquiries have been received. III. VARIANCE CRITERIA In order to approve an administrative 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 addressed the application's compliance with the variance criteria (Exhibit 7, Applicant Analysis). 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. Board of Adjustment Case No. WA -15-06 /Fisher 2. The variance would not alter the essential character of the locality. The variance is not likely to alter the character of the area. While the garage has a significantly reduced setback, the City's right-of-way maps indicate about 16 feet of unbuilt right-of-way between the edge of asphalt and the property line. This open space results in a perceived setback of about 20 feet which helps to reduce the visual impact of the garage within the setback area (Exhibit 3, Site Photos). The oversized property to the east is undeveloped along the street, so there are no structures immediately adjacent to the subject site against which the garage would be visually compared. The nearest structure to the east is about 230 feet away. The proposed garage would be designed to complement the existing house with similar windows, siding, roof pitch, and other material selections. The primary material will be 8" lap siding. The variance request may improve the character of the area by allowing enclosed storage of large items that are currently stored on the side of the property and visible from the public right-of-way. 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. The applicant is proposing a substantial investment in the property, which would not be possible without the variance. A detached garage that provides off-street covered parking is expected to add value to the property. As documented in the case analysis above, the 60 -foot easement and topography necessitate a setback variance from W. 30`h Avenue. There is no alternative location for a detached garage on the property. 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 unique hardships on the subject property relate directly to the topography of the lot and the easement that encumbers development in the middle third of the site. Because no permanent structures may be constructed in the easement, locating permanent structures on the site is a unique physical challenge. 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. Board ofAdjustment 4 Case No. WA -15-06 /Fisher The hardship described above was not created by the current property owner or any person currently having an interest in the property. Based on subdivision records, the 60 -foot easement existed at least as early as 1952. The current owner purchased the property in 2002, and thus is not responsible for the existing conditions of the property. 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. It would not cause an obstruction to motorists on the adjacent streets and would not impede the sight distance triangle. The request will not diminish or impair property values within the neighborhood. The proposed garage may in fact have a positive affect on the neighborhood by allowing covered storage of vehicles that have previously been parked in or near the public right-of-way. 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 60 -foot easement that necessitates the variance request is not unique to the subject property. Plat documents for the surrounding subdivisions show that the easement bisects multiple lots in area, including in the Jalamar and Stebbin's subdivisions. Aerial images show how the easement has resulted in unusual placements of structures on some lots (Exhibit 8, Neighborhood Conditions). 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 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. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Board of Adjustment Case No. WA -15-06 /Fisher 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 21 -foot variance from the 25 -foot setback requirement for a side yard facing a public street. 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. Topography and easements on the property significantly reduce the buildable area of the lot. 4. The alleged hardship has not been created by any person presently having an interest in the property. 5. The request would not be detrimental to public welfare. 6. No objections were received regarding the variance request. 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. Attachments: 1. Resolution Template Board of Adjustment 6 Case No. WA -15-06 /Fisher 03045 X 03010 06491 ` 1 f ' 064 05 W 30th Avenue sem- U mows 06580 06550 i 06530 m t s m 02990 02998 02991 / 06417 ■ to) , 02936 02998 02955 02986 02980 0641 / -- 06475 02980 _ rIC., EXHIBIT 2: ZONING MAP Board of Adjustment Case No. WA -15-06 / Fisher EXHIBIT 3: SITE PHOTOS Board of Adjustment Case No. WA -15-06 /Fisher W 30th Avenue u i I ` ` .fix EXHIBIT 5: RECORDED PLAT Blair Subdivision was recorded in 1958 and shows a 60 -foot wide D.M.W.W. Right -of -Way (yellow) bisecting the entire subdivision, including a significant portion of the subject property (red). FLAIR 5U13D'1VI,5I0N A R15USOIV1510MOF A PORTION OF LOT BLOCKS HENDERSON'S SUBDIVISION AMENDED FILING LOCATED IN THE SW %4 OF SECTION 25,T95. F169W JEFFERSON COUNTI, COLORADO / s 3 0 �� — M 9 •o r 3 � r � SOUTH Line OF ,NoeM ZY:Ac[61346' LOT • 5-7-1.05, UNSUDDIVIDEO SLA S Feo+ E4611"9-11 AIL. Rrsc3 cvice Ago«o ecA■ IiMc« z s0 rR7 SOT bl«[• FOIL YTi LiTT IMATA6I.ATI0M A«e "A_TCM AM[C Board ofAd%ustment Case No. WA -15-06 /Fisher UNsuse'viocO In1eRTM E6 P11CVIou"Y Da.0mo-'-`------------_- N W E S T 30 TH AVE NUE ••• K DY S[PA0.ATC D[CD �,- 2 61.46' so. I 40' • N'o EXCEPTED .b H cl 0 7 c C — W cc Z) N h� Q n Y ILS' I36.41 •ui' ' p� J a, a W es Z ' q) o ' z vit Of / s 3 0 �� — M 9 •o r 3 � r � SOUTH Line OF ,NoeM ZY:Ac[61346' LOT • 5-7-1.05, UNSUDDIVIDEO SLA S Feo+ E4611"9-11 AIL. Rrsc3 cvice Ago«o ecA■ IiMc« z s0 rR7 SOT bl«[• FOIL YTi LiTT IMATA6I.ATI0M A«e "A_TCM AM[C Board ofAd%ustment Case No. WA -15-06 /Fisher EXHIBIT 6: PROPOSED PLANS The following site plan was submitted by the applicant and shows the proposed garage in relation to the 60 -foot wide easement. y� 3p Auc- 24 I i I C ti�;L Board of Adjustment 12 Case No. WA -15-06 / Fisher The image below shows the location of the proRosed garage in relation not only to the easement, but also in relation to the edge of asphalt on W. 30` Avenue—there is about 16 feet of unbuilt right-of- way, so the building will be about 20 feet from the street. Board of Adjustment 13 Case No. WA -15-06 /Fisher The image below is represents a side elevation that illustrates the topographic challenges on the site. E le,), o3n Drc -'oj -77 14,C �:O+� Po r - Gr ed e Board o/'Adjustment 14 Case No. WA -/5-06 /Fisher EXHIBIT 7: APPLICANT ANALYSIS Fisher — Detached Garage Variance Request 2990 Marshall Ct. 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. a. Not Applicable 2. The variance would not alter the essential character of the locality. a. The proposed building will be constructed with siding, roofing and paint to match the existing house. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. a. The total investment for this project will be approximately $30K for materials only. I will provide the labor with the exception of the cement work. 4. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. a. The significant slope of the property requires the garage be located at the north end of the property parallel to 301h Ave. with access from this street. 5. Is there a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. a. The mandated setback from the Denver Water easement that traverses my I requires the garage to be located north of the easement (see attached site p -he granting of the variance would not be detrimental to the public welfare or injuri( 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, 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. a. The proposed building will be located on a portion of the property that is not near any of the adjoining properties. b. The proposed building will not block line of sight for traffic on 30`h Ave. or Marshall Ct. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. a. The aforementioned Denver Water easement affects multiple properties in the neighborhood. 8. Granting the variance would result in a reasonable accommodation of a person with disabilities. a. Not Applicable 9. The application is in substantial compliance standards set forth in the Architectural and Site Design Manual. a. Not Applicable Board ofAdjustment 15 Case No. WA -IS -06 /Fisher A WHEAT RIDGE BOARD OF ADJUSTMENT CERTIFICATE OF RESOLUTION (TEMPLATE) CASE NO: WA -15-06 APPLICANT NAME: David Fisher LOCATION OF REQUEST: WHEREAS, the application Case No. WA -15-06 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there [were / were nol 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; and NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15-06 be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a 21- foot variance to allow a 4 -foot setback in a side yard adjacent to a public street, in the R-2 zone district and for the construction of a detached garage. 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. Topography and easements on the property significantly reduce the buildable area of the lot. 4. The alleged hardship has not been created by any person presently having an interest in the property. 5. The request would not be detrimental to public welfare. 6. No objections were received regarding the variance request. 7. a 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. %of W heat Kidgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WA -15-06 Date of Board of Adjustment hearing: June 25, 2015 I Kim Waggoner, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 36 letters on June 11, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: g Date: City of Wheatliclge 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 26-109.13) June 11, 2015 Dear Property Owner: This letter is to inform you of Case No. WA -15-06, a request for approval of a 21 -foot variance (84%) from the 25 -foot setback requirement for side yards facing a public street, resulting in a 4 -foot setback from the property line for a detached garage on property zoned Residential -Two (R-2) located at 2990 Marshall Court. This request is scheduled for a public hearing in the Council Chambers of the Municipal Complex at 7500 West 291h Avenue. The schedule is as follows: Board of Adiustment June 25, 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. If you need inclusion assistance, please call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting. WA 1506.doc Site Map The aerial image below shows the subject property outlined in bright blue. The proposed garage shown in red is on the north end of the property. The variance is being requested in part because of a 60 -foot wide Denver Water easement that traverses the property. BEGEMAN GABRIELLE A BLOOM ALAN BORYS MICHAJLO BROOKS KELCEY DAVID BOHLINE SUE MILES CINDY 6363 W 29TH AVE PO BOX 19765 BORYS WILLIAM WHEAT RIDGE CO 80214 BOULDER CO 80308 2955 MARSHALL CT WHEAT RIDGE CO 80214 BRISSON DANIEL S BRYAN MICHAEL KEVIN CESSAR JOHN J CIMINO JEAN M BRYAN JENNIE CESSAR BRIDGET A 6530 W 31 ST AVE 3045 LAMAR ST 6480 W 31 ST AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 CLEMENT D & JACQUELINE A FAITH BIBLE CHAPEL WEST INC FISHER DAVID L BISANT TRUST THE 3010 NEWLAND ST FISHER NANCY E 2980 NEWLAND ST EDGEWATER CO 80214 2990 MARSHALL CT DENVER CO 80214 WHEAT RIDGE CO 80214 GEBHARDT MARK D GREEN KEVIN MICHAEL HARVEY ERIKA 6330 W 30TH AVE GREEN LEA MARIE HARVEY MARTIN WHEAT RIDGE CO 80214 2998 MARSHALL CT 3002 LAMAR ST WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 HEALING WATERS FAMILY CENTER HEFNER JAMES H HERMAN NICHOLAS A % JOSEITO VALESQUEZ 3091 LAMAR ST SANCHEZ SHARYCE R 6475 W 29TH AVE WHEAT RIDGE CO 80214 2991 MARSHALL CT WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 HOLT BEVERLEY A HOMCHICK SHARON M HOOVER MICHAEL C 6440 W 31 ST AVE 6580 W 31 ST AVE 6380 W 30TH AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 HUGHES TRACEY A INGALLS LINDA A JONES JANE S 6340 W 30TH AVE 6415 W 29TH AVE JONES JANE SUE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 6417 W 29TH AVE WHEAT RIDGE CO 80214 KIZIMA JUSTIN MALLORY RICK L PARRISH SCOTT MICHAEL 6370 W 30TH AVE MALLORY CINDY L ZARRA JOY KATHLEEN WHEAT RIDGE CO 80214 6497 W 30TH AVE 6405 W 30TH AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 PECHACEK J JOHN PETERSON KATHERINE M PRICE BRETT A 6320 W 30TH AVE 6550 W 30TH AVE 6360 W 30TH PL WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 BATHE BRUCE D RIKKERS DOUGLAS C SCHAEFER MARIE A RATHE LINDA J RIKKERS LAURALEE 3000 NEWLAND ST 6411 W 29TH AVE 3001 KENDALL ST WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 SNYDER KURT E VANDEBURGH BENJAMIN B VIATOR ROBERT SNYDER TAMERA VANDEBURGH HEATHER A VIATOR ELIZABETH 6530 W 30TH AVE 2998 NEWLAND ST 6540 W 31 ST AVE WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 WELLER RITA E WELLSPRING BIBLE CHURCH ZHUANG FEN 3290 INGALLS ST 3010 NEWLAND ST 6350 W 30TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80214 WHEAT RIDGE CO 80214 Owner 1 Owner 2 Owner 3 Company Mailing Address St Street Name Type Unit City State Zip Property Address St Street Name Type city IState Zip Use BEGEMAN GABRIELLE A BROOKS KELCEY DAVID 6363 W 29TH AVE WHEAT RIDGE CO 80214 6363 W 29TH AVE WHEAT RIDG CO 80214 RESID BLOOM ALAN BOHLINE SUE _ _ PO BOX 19765 BOULDER CO 80308 6580 W 30TH AVE WHEAT RIDG CO 80214 RESID BORYS MICHAJLO MILES CINDY BORYS W 2955 MARSHALL CT WHEAT RIDGE CO 80214 2955 MARSHALL CT WHEAT RIDG CO 80214 MULTI BRISSON DANIEL S CIMINO JEAN M 6530 W 31ST AVE WHEAT RIDGE CO 80214 6530 W 31ST AVE WHEAT RIDG CO 80214 RESID BRYAN MICHAEL KEVIN BRYAN JENNIE 3045 LAMAR ST WHEAT RIDGE CO 80214 3045 LAMAR ST WHEAT RIDG CO 80214 RESID CESSAR JOHN J CESSAR BRIDGET A 6480 W 31ST AVE WHEAT RIDGE CO 80214 6480 W 31ST AVE WHEAT RIDG CO 80214 RESID CLEMENT D & JACQUELINE A BISA 2980 NEWLAND ST DENVER CO 80214 2986 NEWLAND ST WHEAT RIDG CO 80214 MULTI CLEMENT D & JACQUELINE A BIS 2980 NEWLAND ST WHEAT RIDGE CO 80214 2980 NEWLAND ST WHEAT RIDG CO 80214 RESID CLEMENT D & JACQUELINE A BISA 2980 NEWLAND ST WHEAT RIDGE CO 80214 2980 NEWLAND ST WHEAT RIDG CO 80214 RESID EMENT_D & JACQUELINE A BIS 2980 NEWLAND ST DENVER CO 80214 2986 NEWLAND ST WHEAT RIDG CO 8021 MULTI FAITH BIBLE CHAPEL WEST INC 3010 NEWLAND ST EDGEWATER CO 80214 3010 NEWLAND ST WHEAT RIDG CO 80214 FISHER DAVID L _ FISHER NANCY E 2990 MARSHALL CT WHEAT RIDGE CO 80214 2990 MARSHALL CT WHEAT RIDG CO 80214 RESID GEBHARDT MARK D _ 6330 W 30TH AVE WHEAT RIDGE CO 80214 6330 W 30TH AVE WHEAT RIDG CO 80214 MULTI GREEN KEVIN MICHAEL GREEN LEA MARIE 2998 MARSHALL CT WHEAT RIDGE CO 80214 2998 MARSHALL CT WHEAT RIDG CO 80214 RESID HARVEY ERIKA HARVEY MARTIN 3002 LAMAR ST WHEAT RIDGE CO 80214 3002 LAMAR ST WHEAT RIDG CO 80214 RESID HARVEY ERIKA HARVEY MARTIN 3002 LAMAR ST WHEAT RIDGE CO 80214 3002 LAMAR ST WHEAT RIDG CO 80214 RESID HEALING WATERS FAMILY CENTE % JOSEITO VALESQU 6475 W 29TH AVE WHEAT RIDGE CO 80214 6475 W 29TH AVE WHEAT RIDG CO 80214 COMMR HEFNER JAMES H 3091 LAMAR ST WHEAT RIDGE CO 8021 3091 LAMAR ST WHEAT RIDG CO 80214 RESID HERMAN NICHOLAS A SANCHEZ SHARYCE R 2991 MARSHALL CT WHEAT RIDGE CO 80214 2991 MARSHALL CT WHEAT RIDG CO 80214 RESID HOLT BEVERLEY A 6440 W 31ST AVE WHEAT RIDGE CO 80214 6440 W 31ST AVE WHEAT RIDG CO 80214 RESID HOMCHICK SHARON M 6580 W 31ST AVE WHEAT RIDGE CO 80214 6580 W 31ST AVE WHEAT RIDG CO 80214 RESID HOOVER MICHAEL C 6380 W 30TH AVE WHEAT RIDGE CO 80214 6380 W 30TH AVE WHEAT RIDG CO 80214 MULTI HOOVER MICHAEL C _ 6380 W 30TH AVE WHEAT RIDGE CO 80214 6380 W 30TH AVE WHEAT RIDG CO 80214 MULTI HOOVER MICHAEL C 6380 W 30TH AVE WHEAT RIDGE CO 80214 6380 W30TH AVE WHEAT RIDGE CO 80214 MULTI HUGHES TRACEY A 6340 W 30TH AVE WHEAT RIDGE CO 80214 6340 W 30TH AVE WHEAT RIDG CO 80214 MULTI INGALLS LINDA A 6415 W 29TH AVE WHEAT RIDGE CO 80214 6415 W 29TH AVE WHEAT RIDG CO 80214 MULTI GALLS LINDA A _ 6415 W 29TH AVE WHEAT RIDGE CO 80214 6415 W 29TH AVE WHEAT RIDG CO 80214 MULTI JONES JANE S JONES JANE SUE 6417 W 29TH AVE WHEAT RIDGE CO 80214 6417 W 29TH AVE WHEAT RIDG CO 80214 RESID KIZIMA JUSTIN 6370 W 30TH AVE WHEAT RIDGE CO 80214 6370 W 30TH AVE WHEAT RIDG CO 80214 MULTI ZIMA JUSTIN 6370 W 30TH AVE WHEAT RIDGE CO 80214 6370 W 30TH AVE WHEAT RIDG CO 80214 MULTI IZIMA JUSTIN _ 6370 W 30TH AVE WHEAT RIDGE CO 80214 6370 W 30TH AVE WHEAT RIDGE CO 80214 MULTI MALLORY RICK L _ _ _ MALLORY CINDY L 6497 W 30TH AVE WHEAT RIDGE CO 80214 6497 W 30TH AVE WHEAT RIDGE CO 80214 RESID PARRISH SCOTT MICHAEL ZARRA JOY KATHLEEN 6405 W 30TH AVE WHEAT RIDGE CO 80214 6405 W 30TH AVE WHEAT RIDGE CO 80214 RESID PECHACEK J JOHN 6320 W 30TH AVE WHEAT RIDGE CO 80214 6310 W 30TH AVE WHEAT RIDGE CO 80214 MULTI PETERSON KATHERINE M 6550 W 130TH AVE WHEAT RIDGE CO 80214 6550 W 30TH AVE WHEAT RIDGE CO 80214 RESID PRICE BRETT A 6360 W 30TH PL WHEAT RIDGE CO 80214 6360 W 30TH AVE 1WHEAT RIDG CO 180214 MULTI RATHE BRUCE D RATHE LINDA J 6411 W 29TH AVE WHEAT RIDGE CO 80214 6411 W 129TH AVE WHEAT RIDG CO 80214 RESID RIKKERS DOUGLAS C RIKKERS LAURALEE 3001 KENDALL ST WHEAT RIDGE CO 80214 3001 KENDALL ST WHEAT RIDG CO 80214 MULTI SCHAEFER MARIE A 3000 NEWLAND ST WHEAT RIDGE CO 80214 3000 NEWLAND ST WHEAT RIDG CO 80214 RESID SNYDER KURT E ISNYDER TAMERA 6530 W 30TH AVE WHEAT RIDGE CO 80214 6530 W 30TH AVE WHEAT RIDG CO 80214 RESID VANDEBURGH BENJAMIN B VANDEBURGH HEATHER A 2998 NEWLAND ST WHEAT RIDGE CO 80214 2998 NEWLAND ST WHEAT RIDG CO 80214 RESID VIATOR ROBERT VIATOR ELIZABETH 6540 Wk131T AVE WHEAT RIDGE CO 80214 6540 W 31ST AVE WHEAT RIDG CO 80214 RESID ELLER RITA E 3290 ALLS ST WHEAT RIDGE CO 80033 2955 KENDALL STWHEAT RIDG CO 80214 MULTI ELLER RRA E 3290 ALLS ST WHEAT RIDGE CO 80033 2945 KENDALL ST WHEAT RIDG CO 80214 MULTI WELLSPRING BIBLE CHURCH 3010 LAND ST WHEAT RIDGE CO 80214 3010 NEWLAND ST WHEAT RIDG CO 80214 COMMR ZHUANG FEN 6350 W 30TH AVE WHEAT RIDGE CO 80214 6350 W 30TH AVE WHEAT RIDG CO 80214 MULTI NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on June 25, 2015, at 7:00 p.m. in the Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following petition shall be heard: Case No. WA -15-06: An application filed by David L. Fisher for request of approval of a 21 - foot variance (84%) from the 25 -foot setback requirement for side yards facing a public street, resulting in a 4 -foot setback from the property line for a detached garage on property zoned Residential -Two (R-2) located at 2990 Marshall Court and is legally described as follows: LOT 1, BLAIR SUBDIVISION Ktm 1��' . Kim Waggoner, ministrativt Assistant 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 -15-06, An application filed by David L. Fisher for approval of a 21 -foot variance (84%) from the 25 -foot setback requirement for side yards facing a public street, resulting in a 4 -foot setback from the property line for a detached garage on property zoned Residential -Two (R-2) located at 2990 Marshall Court. The hearing will be held in the City Council Chambers, Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado, on June 25, 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.wheatridge.co.us, Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, June 11, 2015 1. (r, City of ]P"Wh6atP,Ldge USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 0 Phone (303) 235-2846 (Please print or type all information) Applicant C1 L 1 S h Q Address_ 2 Q C l� rn Gi ��� c �'. i' Phone?* 2 4/- 6S /'% CityW k State C 0 Zip ko z/ y Fax Owner S �1 ✓h i Address City State_ Zip Phone Fax Contact .� �, �. Address Phone City State Zip Fax (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 ( 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 O Subdivision: Major (More than 5 lots) O Flood Plain Special Exception v Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment 0 Concept Plan approval A Variance/Waiver (from Section ) O Planned Building Group O Right of Way Vacation O Other: Detailed description of request: Required information: Assessors Parcel N ber: 31 ' 2,s-3 — It — © l 2 Size of Lot (acres or square footage)'L Current Zoning: Ra Proposed Zoning:_S'qM N Current Use: i „ _<ii4ie F-41%;F-41%ji Proposed Use: S G ph 3 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, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney fro the ow r which approved of this action on his behalf. Notarized Signature of Applicant State of Colo 0 County of } ss - — The foregoing instrument (Land Use Processing Application) was acknowledged KATHRYN A FIELD by me this �7 day of 20� by ✓i d �.if /r t.— NOTARY PUBLIC STATE OF COLORADO Notary Public Notary ID 20024012740 My commission expires l 7 /2011 My Commission Exp:r-- 05!1?7P)019 To be filled out by staff:/� /fib Date received s(i� Fee $ L" Receipt No. c wDOL Case No. V Comp Plan Design. Zonin� Quarter Section Map Related Case No. Pre -App Mtg. Date Case Manager UAICAUVA Rev. 52014 City of �`v�Iheat�cige COaSMUN IT' DEVELOPMENT Submittal Checklist: Variance Project Name: r I S► Q f' Ci <_ ke'A Cc, c'C: J j r_ J Project Location: 2.90 / ► � M ci 5-5 5-1 i fI C T 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: 1. Completed, notarized land use application form 2. App"Cation fee �3. Signed submittal checklist (this document) �4. Proof of ownership—e.g. deed l5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) jC_6. Written request and description of the proposal X 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 compry Wui iiic zoning standards are not feasible is 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 !-. 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 to be madet,aftr the second (2id) full review, l will be subject to the applicable resubmittal fee. (� Signature: Date: s f Z 7 jam Name (please print): a i Phone: 3 o - 2y I - GS- Community S Community Development Department - (303) 235-2846 - www.d.wheatridge.co.us Fisher — Detached Garage Variance Request 2990 Marshall Ct. I am proposing the addition of a 24' X 36' foot detached garage to house my vehicles and provide a workshop space. This will also reduce the on street parking that I currently utilize and be a significant enhancement to the property. The garage will be constructed with siding and roofing to match my house. The paint color will also match. The garage is not near either of the two properties that adjoin my property. Therefore, there is no impact to their accesses, views, etc. The proposed detached garage requires a variance from the municipal code for the following reasons: 1. The mandated setback from the Denver Water easement that traverses my property requires the garage be located north of the easement (see attached site plan). 2. The significant slope of the property requires the garage be oriented parallel to 301' Ave. with access from this street. 3. The setback from the north and west property lines has to be reduced from 25' to 8' to allow the build to be on the most level section of the property while not infringing on the easement. Fisher — Detached Garage Variance Request 2990 Marshall Ct. 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. a. Not Applicable The variance would not alter the essential character of the locality. a. The proposed building will be constructed with siding, roofing and paint to match the existing house. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The total investment for this project will be approximately $30K for materials only. I will provide the labor with the exception of the cement work. 4. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. a. The significant slope of the property requires the garage be located at the north end of the property parallel to 30`h Ave. with access from this street. 5. Is there a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. a. The mandated setback from the Denver Water easement that traverses my property requires the garage to be located north of the easement (see attached site plan). 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, 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. a. The proposed building will be located on a portion of the property that is not near any of the adjoining properties. b. The proposed building will not block line of sight for traffic on 30`h Ave. or Marshall Ct. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. a. The aforementioned Denver Water easement affects multiple properties in the neighborhood. 8. Granting the variance would result in a reasonable accommodation of a person with disabilities. a. Not Applicable The application is in substantial compliance standards set forth in the Architectural and Site Design Manual. a. 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U) LwUN•ri (d i4 L (1) raj f4 IrO?4}4Lv 044a)NW•d N� CO � >S a. + C+ >,Q 3 • ri a) ..Q cc 0 O.A�'0NU U) U) UI a) .> W G) s:: M ZEFW fOUF G O N1:(6 a) la a) L O U) .a aJ •ri N � Lroao10 MQ a) 0 U) 0 4 -ri (o L a) L 1a n�i~OInU Cu 3L a) 3-r( i m 0 > 0 b roto�In�� U) (a U) i .•i EQ -H �4 s•( v N a) >4 v x U) •ri ` r+ fa 44 Cza � a w r� U > 1: >a z �4 s4 a) a) U) U) fa fd fa � � w r� 0 U (D ri L • ri H a) Lil L :4 a x rl i4 p; the oasis of my knowledge, infonrlation and belief, I hereby eerily that this improvement location centhcate was prepared for COUNTY OF JEFFERSON_ - — that I is not a Land Survey Plat or Improvement Surrey Plat. and that it is not to be, relied upotp•i0? the establishment of fence. building, or other future improvement lines. I further c*rtlfy that the improvem_r t -`on the above rc an date, except Unity connections. ate entirely within the boundaries oft �arcei, except as wn, that there are no a ro , encs upon the described premises by improvements on any ad' '- ng premises, exce s indicated, and that then no apoar t evidence or sign of any easement crossing or burdening a rt of said parcel. ex as noted. NOTILE Th:s T -woo -wt 4�c cr cwrtT4 a is o.•Pcwed I : ziie rade s` Ae tf atr• statoydwt�k- �xc esa ooerty ..v WS x P Wor:i hft a o - r+x• •dat:rX.:ryF d °it +-nprovp'le'N.a Y UX M4X+<7&'t' nee car ,7P1Prrc.-ar. L`y s i 1,-.provpr+en: P1 •'14 .. k s UAW as Lvtw�n . n6::xn! , aCa6r V! 7 '. ±-tl xcu> rneras aro noted. A E FM & ASSOC3ATE. EJC; a d I�oc9 E Dir* Ad rnz 5e k, a `Or'r�Ath�:t►s:ud?►cirrr+rtti ivcaur C,aRGtatr. �� c^en r, ,. „r ,k .�;. saerira si aim t xr_ Ain-eotw" anwv ileo d xIis lvo�ervllxd all . e4 M11* M i int` i yx a 7e ren: to A tr•• F s air _ . e YTF G Robert E. Port, L.S. 15U1 ortlRa . Hayden. L.S. 27268 _- DAT E. 05,!' Si q-? S i EE . 250.00 JOS# 02.- 357 ':01J:{TY 1r IEFQRRR N q o Zggp MARSHA;.; COURT L A N D SURVEYING i.vF^.E �_ _. DAPI FISHER 5460 WARD ROAD - S.:I'E 160 4.e:ACA. CL"JL0R-"L r3 WXX12 (303) 420-4786 LEGAL DESCRIPTION iL1RCVEN'E"." LL)C_AT!GN CERTIFIC. ATE.(PERI CLIENT, I-1C,T I 1, BLATR SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO i'erafx lie r. na=.yS as Ea�tm.s i''-.rSyTav[al i-ur.:, An Im{eurcareN Sa:.er FYtl is R.alnlle++cidoL fix Procne Ler mm of IroFm+ecarm !rat. i.or:YYur of Fmu f,ncs i7 Sk,.m r hpQn..s:romc Scale: "_3() w.__s.__..... Fenn Lux R'es1 Nnh .awxle Found x+t+rCap >r�J. I kcwkwc etd�. is xn�. E.amd ' 7 B x 141r ,nH• E:±.vcna<m av si,,,,.r. {hal ow i•awma s _ WK W W x,p. of Wa. ift fu 7 I f I O C" ' x Back ! •1 .. 'a "• v t r�K. Frxrc • ♦ e. t 10 05 ' to F(70 °Fir Note ..... Addy m es C mIizwfe 2. -.*t ds OAR P -P." t I IR Y. Cf1r:YA p; the oasis of my knowledge, infonrlation and belief, I hereby eerily that this improvement location centhcate was prepared for COUNTY OF JEFFERSON_ - — that I is not a Land Survey Plat or Improvement Surrey Plat. and that it is not to be, relied upotp•i0? the establishment of fence. building, or other future improvement lines. I further c*rtlfy that the improvem_r t -`on the above rc an date, except Unity connections. ate entirely within the boundaries oft �arcei, except as wn, that there are no a ro , encs upon the described premises by improvements on any ad' '- ng premises, exce s indicated, and that then no apoar t evidence or sign of any easement crossing or burdening a rt of said parcel. ex as noted. NOTILE Th:s T -woo -wt 4�c cr cwrtT4 a is o.•Pcwed I : ziie rade s` Ae tf atr• statoydwt�k- �xc esa ooerty ..v WS x P Wor:i hft a o - r+x• •dat:rX.:ryF d °it +-nprovp'le'N.a Y UX M4X+<7&'t' nee car ,7P1Prrc.-ar. L`y s i 1,-.provpr+en: P1 •'14 .. k s UAW as Lvtw�n . n6::xn! , aCa6r V! 7 '. ±-tl xcu> rneras aro noted. A E FM & ASSOC3ATE. EJC; a d I�oc9 E Dir* Ad rnz 5e k, a `Or'r�Ath�:t►s:ud?►cirrr+rtti ivcaur C,aRGtatr. �� c^en r, ,. „r ,k .�;. saerira si aim t xr_ Ain-eotw" anwv ileo d xIis lvo�ervllxd all . e4 M11* M i int` i yx a 7e ren: to A tr•• F s air _ . e YTF G Robert E. Port, L.S. 15U1 ortlRa . Hayden. L.S. 27268 _- Case No. WA1506 Date Received 5/27/2015 Related Cases Case Planner Mikulak Case DescriptiorA 21 -foot (84%) variance from the 25 -foot setback requirement for side yards facing a public street, resulting in a 4 -fool setback from the properly line for a detached garage. i'!pQ/icaaf /afc�ma/ivn AMOUNT FMSD ZONING APPLICATION FEES Name David L. Fisher Name Phone (303) 241-6517 Address 2990 Marshall Ct. City Wheat Ridge State CO Zip 80214- 001151W /n101wdV1ii;W AUTH CODE: 619769 Name David L. Fisher Name Phone (303) 241-6517 Address 2990 Marshall Ct. City Wheat Ridge Stale CO Zip 80214- confdc/ fir MMetion Name David L. Fisher Name Phone (303) 241-6517 Address 2990 Marshall Ct. City Wheat Ridge State CO Zip 80214- pfcjocf mm'Ma/ion Address 2990 Street Marshall Ct. City Wheat Ridge State CO Zip 80214 Location Description Project Name Parcel No Qtr Section District No Referral Out: Comments #2 Sent: Admin Posting Start: 3925311012 SW25 I „ Referral Due: Submittal #3 Rcvd: Admin Posting End _ Comments #1 Sent: Comments 03 Sent: Submittal #2 Rcvd: flevkws Pre -App Date Neighborhood Meeting Date App No: Public Hearing Review Type Review Body Review Date Disposition Comments Report Public Hearing BOA o J 19-posifio7 Case Disposition Conditions of Approval Res # Ord # 1�1 Disposition Date Notes _ Status Open Recorded Date: Storage: Reception #: City of Wheat Ridge 85/27/2815 87:49 CDBA ZONING APPLICATION FEES CDA011402 AMOUNT FMSD ZONING APPLICATION FEES 386.88 FMSD ZONING REIMBURSEMENT FEE 128.88 PAiMENT RECEIVED AMOUNT MC / 9818 48.88 AUTH CODE: 619769 TOTAL 4?8.88