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HomeMy WebLinkAboutWA-15-077500 West 29th Avenue City of Wheat Ridge, Colorado 80033 Wh6atl�.jil!cjlge 303.235.2846 Fax: 303.235.2857 COMMUNITY DEVELOPMENT Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 10100 W. 38th Avenue referenced as Case No. WA -15-07 / MorningStar; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section 26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26-109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a I -foot variance from the 6 -foot maximum fence height standards to allow for a 7 -foot tall fence on property in the Commercial -One (C-1) zone district (Case No. WA -15-07 / MorningStar), is granted for property located at 10100 W. 38`x' Avenue, based on the following findings of fact: 1. The variance would not alter the essential character of the locality. 2. The proposed fence will address a public safety issue and is consistent with best practices for senior living facilities. 3. The 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. The variance will result in accommodation of persons with disabilities. 6. The development is in substantial compliance with the Architectural and Site Design Manual. 7. The design of the fence is context -sensitive with variety in terms of materials, plane depth, and landscaping. With the following conditions: 1. The design and orientation of the fence be consistent with Exhibits 4 and 5. 2. All appropriate building permits are modified or obtained for construction of the 7 -foot fence. 6 enneth John one, C Date Community Develo ment Director ��44 City of Wh6at�idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: June 8, 2015 CASE MANAGER: Lauren Mikulak CASE NO. & NAME: WA -15-07 / MorningStar Fence ACTION REQUESTED: Approval of a 1 -foot variance from the 6 -foot maximum fence height standards to allow for a 7 -foot tall fence on property located at 10100 W. 38`' Avenue and zoned Commercial -One (C-1) LOCATION OF REQUEST: 10100W.38 1h Avenue APPLICANT (S): Confluent Development (dba "MVG-MS (Wheat Ridge) LLC") OWNER (S): MVG-MS (Wheat Ridge) LLC APPROXIMATE AREA: 99,725 Square Feet (2.29 Acres) PRESENT ZONING: Commercial -One (C-1) PRESENT LAND USE: Senior living facility (under construction) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site Administrative Variance Case No. WA -15-07 /MorningStar Fence 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 1 -foot (17%) variance from the 6 -foot maximum height standard for a divisional fence. The purpose of the variance is to allow for construction of a 7 -foot fence around a memory care courtyard on the property at 10100 W. 38th Avenue. The materials of the fence will include segments of solid double sided wood and segments of open ornamental metal. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Community Development Director to decide upon applications for administrative variances from the strict application of the zoning district development standards that are not in excess of fifty (50) percent of the standard. II. CASE ANALYSIS The applicant, Confluent Development, is requesting the variance as the owner and developer of the property at 10100 W. 38th Avenue. The site is 2.29 acres in size and has frontage on three streets: W. 38th Avenue, Lee Street, and W. 37th Place (Exhibit 1, Aerial). The site is zoned Commercial -One (C-1) and surrounding properties include a variety of zoning designations and land uses (Exhibit 2, Zoning Map). The subject site is part of a larger redevelopment project at the southwest corner of W. 38th Avenue and Kipling Street. As such, it was the subject of several land use cases in 2014—a 4 -lot subdivision plat (Case No. MS -14-01), a special use permit to allow a senior living facility (Case No. SUP -14-01), and a site plan approving the proposed senior living facility (Case No. WSP-14-02). The approved senior living facility is currently under construction on the subject site. It will be operated by MorningStar Senior Living and will include 64 living units: 45 units for assisted living services and 19 units for memory care services. The facility will be a two-story building with a gross floor area of 58,525 square feet. The site will be accessible from W. 37th Place to the south and from a major interior drive to the east (Exhibit 3, Approved Site Plan). The building has an X-shaped footprint and is located on the northwest corner of the site, as close as possible to W. 38th Avenue and Lee Street. The X -shape provides an opportunity for a courtyard garden on the west side of the property. The original site plan approval included a 3500 -square foot garden adjacent to Lee Street. The purpose of this garden is to provide outdoor living space for memory care residents. The topography of the entire development has created some challenges, and on the subject site, there is a 10 -foot change in grade from east to west. A retaining wall is located along the western property line, and in the approved site plan, the memory care courtyard was proposed to be enclosed by a 6 -foot wood fence located on top of the retaining wall. From inside the garden, the fence has the appearance of a taller barrier (Exhibit 3, Approved Site Plan – reference "Combination Retaining Wall... "detail). Administrative Variance Case No. WA -15-07 /MorningStar Fence Secured outdoor living space is an important amenity in senior care facilities, and the applicant has expressed that fence height is a critical consideration for memory care residents. While these residents may exhibit symptoms of dementia, they are often physically capable of escaping the facility. A minimum fence height of 7 feet is the standard at MomingStar facilities to ensure that residents cannot climb over the fence. The applicant has revised and expanded the garden area to provide additional outdoor living space for residents. The secured garden is proposed to increase in size from 3500 to 8500 square feet, and it will now be accessible from 5 different locations within the building (Exhibit 4, Proposed Site Plan). The original wood fence has been replaced with an ornamental metal fence that has the appearance of wrought iron with vertical tubes spaced every 4 inches on -center. This metal fence has been extended south along Lee Street where it is proposed to be 7 feet in height. The fence is then proposed to turn 90 degrees and run parallel to W. 37th Place between the building and staff parking lot. In this area the fence would be a 7 -foot tall double sided wood privacy fence. The applicant appears to have considered the visual impact of a taller fence, and is proposing to mitigate potential impacts in several ways: • Variation in Plane Depth — In order to create visual interest, the fence will have several changes in plan depth. In the southwest corner, this design accommodates additional landscaping outside of the garden. Along the staff parking lot, where the plane depth changes the design would include short segments of the ornamental metal fence. • Material — The applicant has selected two materials in consideration of residents' needs, public views, and other elements on the site. The open design along Lee Street will prevent the fence from becoming a fortress -like barrier between the site, neighbors, and passersby. The solid wood fencing on the south side of the building is appropriate because it is set back from the property line and will shield residents from the staff parking lot, loading areas, and other mechanical equipment. • Landscaping — With the revised garden design, the site far exceeds the minimum requirements for trees and shrubs. With an open ornamental fence along Lee Street, landscaping on either side of the fence will be visible from the street and will soften this edge. The only alternative that would not require a variance would be to construct a fence that is 6 feet or less in height. The applicant has expressed that a 6 -foot alternative would not provide adequate security for memory care residents, because they would be able to climb over the fence. While there do not appear to be any mandated industry standards, the Alzheimer's Foundation of America recommends that outdoor spaces be secured with fencing "at least six feet high" and that designs minimize the opportunity for residents to scale a fence or wall.' During the public notification period no inquiries or objections were received regarding the variance request. ' Alzheimer's Foundation of America. "Excellence in Design: Optimal Living Space for People with Alzheimer's Disease and Related Dementias." http://www.alzfdn.org/documents/ExcellenceinDesigp_Report.pdf Administrative Variance 3 Case No. WA -15-07 /MorningStar Fence III. VARIANCE CRITERIA In order to approve an administrative variance, the Community Development Director 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 request's compliance with the variance criteria (Exhibit 5, Letter of Request). 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 senior living facility, 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 essential character of the locality. The design of the fence is context -sensitive and seeks to achieve a functional and aesthetically -pleasing solution. As described above, the applicant has sought to minimize visual impacts by varying the plane depth and material of the fence and by installing ample landscape material. The ornamental metal fence will allow visibility of the building and of landscape material within the courtyard. The opaque wood fence will likely have more of a visual impact from the street, but it will be located about 70 feet north of W. 37`h Place. 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 applicants are proposing a substantial investment in the property in the form of a new multi-million dollar senior living facility. The expanded garden space will certainly be a more attractive amenity for residents, but investment in site will be made regardless of the outcome of the variance. II'' Staff finds this criterion has not 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 conditions that affect this property include the surrounding topography and the design standards associated with memory care. The 7 -foot tall fence is located at the southern portion of the property where the topography does not allow for an outward appearance of a 6 -foot fence. Administrative Variance 4 Case No. WA -15-07 / MorningStar Fence There is a real risk associated with memory care patients trying escape from the courtyard. A 6 -foot fence is not merely inconvenient, but it would create a public safety issue if residents were able to scale the barrier. 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 hardship relates to standards of care that are being implemented by the applicant but were not created by the applicant. Several senior living facilities under different operators have similar requirements for securing the perimeter of an outdoor courtyard. 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 or cause obstructions to motorists on adjacent streets and driveways. The request would not increase the danger of fire, and it is unlikely that the request would impact property values in the neighborhood. 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 conditions of the subject property are unique to the land use on the subject site and are not present in the neighborhood. Staff finds that this criterion has not been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Granting of the variance would allow a substantial increase in the area of outdoor living space, providing much better accommodations for persons with disabilities. Staff finds this criterion has been met. Administrative Variance Case No. TVA -I5-07 / MorningStar Fence 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual The site and building have demonstrated compliance with the Architectural and Site Design Manual, and this compliance is more fully described in the staff report associated with Case No. SUP -14-01. The open fence will allow the building design to be visible from the street. The expanded garden has resulted in minor modifications to sidewalks on the south side of the property, but these changes are still in compliance with the ASDM. Staff finds this criterion has been met. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a 1 -foot (17%) variance from the 6 -foot maximum height standard to allow a 7 -foot tall fence on the property. 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 proposed fence will address a public safety issue and is consistent with best practices for senior living facilities. 3. The 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. The variance will result in accommodation of persons with disabilities. 6. The development is in substantial compliance with the Architectural and Site Design Manual. 7. The design of the fence is context -sensitive with variety in terms of materials, plane depth, and landscaping. With the following conditions: 1. The design and orientation of the fence be consistent with Exhibits 4 and 5. 2. All appropriate building permits are modified or obtained for construction of the 7 -foot fence. Administrative Variance Case No. WA -15-07 / MorningStar Fence EXHIBIT 2: ZONING MAP Administrative Variance Case No. WA -15-07 / MorningStar Fence A c 6=089.27'00' R=15.00' L=23.47 CHB=S444'2O'1W .. CH=2111' ` PROPOSED RETAINING WALL I (MAX 31 SIDEWALK (BY OTHERS) PROPOSED RETAINING WALL (MAX T) 0 W O 1 BDB.i PROPOSED RETAINING WALL (MAX 3) 6-090.33'00" R=15.00' L=23.71' CHB=S45°304XE CH -21.31' / 7 R V RAILS (A TOTAL), ATTACH TO POSTS WITH ANGLE BRACKET "I M CEDAR POST W/ 4 -WAY BEVELED TOP GE FINISH GRADE Ti CONCRETE FOOTING 5.W WALK INWDEEPAGGREGATE BASE 8' O.C.. TYR ILIAL IONS SMALL BE MADE USING GALVANIZED WOOD SCREWS OR UNLESS OTHERWISE NOTED ON THE PIANS ALL BE STAINED A NEUTRAL COLOR TBO 01o.C.-72OD MULE -SIDED WOOD FENCE ALSO FOR SINGLE -SIDED FENCE, THE PICKETS ON SINGLE SIDE. I � �TO COLORADO LAW, ANY LEGALACTION iECT IN THIS SURVEY AFTER YOU FIRST �T. IN NO EVENT MAY R PON ANY DEFECT IN '0 MENCED MORE THAN I DATE OF THE .HEREON. SCALE 1' - 20' MGIN GRAPNC GG E C41 Ullm rpnn�a_ cWllR. 8 1 1 fXt ] aw.cea KIBIT 3: WALL. CONTRACTOR TO 'ROVED SITE PLAN Z • FOUND No, 5 REBAR W/ YELLOW PLASTIC CAP LS 14112 consu nnc encln!!n� TO CONSTRUCTION. ' -- - - - EASEMENT PER PLAT 45 WEST 2ND AVENUF DENVER, CO 80223 P.303.5E1.3333 - - EXISTING CURB d GUTTER F.303.501,3339 PROPOSED CURB 8 GUTTER *V 's O PROPOSED BOLLARD SIGNED BY -- -- -- PROPOSED STRIPING U GEOGRID PROPOSED WALL( 5 �X—X— PROPOSED FENCE Ramo, a ,`'\�'^ PROPOSED SIGN BENCHMARK N.T.S. {�� II BIIII PROPOSED ADA RAMP 1'a CTT{'CFDM / 7 R V RAILS (A TOTAL), ATTACH TO POSTS WITH ANGLE BRACKET "I M CEDAR POST W/ 4 -WAY BEVELED TOP GE FINISH GRADE Ti CONCRETE FOOTING 5.W WALK INWDEEPAGGREGATE BASE 8' O.C.. TYR ILIAL IONS SMALL BE MADE USING GALVANIZED WOOD SCREWS OR UNLESS OTHERWISE NOTED ON THE PIANS ALL BE STAINED A NEUTRAL COLOR TBO 01o.C.-72OD MULE -SIDED WOOD FENCE ALSO FOR SINGLE -SIDED FENCE, THE PICKETS ON SINGLE SIDE. I � �TO COLORADO LAW, ANY LEGALACTION iECT IN THIS SURVEY AFTER YOU FIRST �T. IN NO EVENT MAY R PON ANY DEFECT IN '0 MENCED MORE THAN I DATE OF THE .HEREON. SCALE 1' - 20' MGIN GRAPNC GG E C41 Ullm rpnn�a_ cWllR. 8 1 1 fXt ] aw.cea PROPOSED MSE BLOCK WALL. CONTRACTOR TO PROVIDE ARCHITECT Z COLOR SAMPLES PRIOR TO CONSTRUCTION. �� 1IyN Wa 3 *V 's SIGNED BY u U GEOGRID Y OTHERS. TYPICAL RETAINING WALL SECTION N.T.S. U 1'a CTT{'CFDM F— PICKETS / 7 R V RAILS (A TOTAL), ATTACH TO POSTS WITH ANGLE BRACKET "I M CEDAR POST W/ 4 -WAY BEVELED TOP GE FINISH GRADE Ti CONCRETE FOOTING 5.W WALK INWDEEPAGGREGATE BASE 8' O.C.. TYR ILIAL IONS SMALL BE MADE USING GALVANIZED WOOD SCREWS OR UNLESS OTHERWISE NOTED ON THE PIANS ALL BE STAINED A NEUTRAL COLOR TBO 01o.C.-72OD MULE -SIDED WOOD FENCE ALSO FOR SINGLE -SIDED FENCE, THE PICKETS ON SINGLE SIDE. I � �TO COLORADO LAW, ANY LEGALACTION iECT IN THIS SURVEY AFTER YOU FIRST �T. IN NO EVENT MAY R PON ANY DEFECT IN '0 MENCED MORE THAN I DATE OF THE .HEREON. 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M on 7 DouBLe sIDeo w000en Fence Go 15 30 60 N SCALE: 1"= 30'-0" LANDSCAPE I I I I I I \ I I I I i I I I I I I I I I I I ( I I I I I I I C-0 Co r n (D r z K9 --r 1 rosemann & ASSOCIATES- EXHIBIT 5: LETTER OF REQUEST Date: May 11 T", 2015 To: Lauren Mikulak Senior Planner, City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80003 From: Nathan Rosemann Re: MorningStar of Wheat Ridge rosemannm & ASSOCIATES ARCHITECTURE INTERIOR DESIGN ENGINEERING PLANNING The following is a narrative to accompany the Request for Variance from the City of Wheat Ridge planning and zoning code to allow for a seven foot fence along the south side of the project facing the parking lot and 37th street. For the MorningStar of Wheat Ridge project off of W. 38th and Kipling Street, the memory care garden initially terminated at the southwest wing, providing a small outdoor area for the memory care residents. An opportunity presented itself that allowed for the continuation of the memory care garden to expand around the southwest wing, more than doubling the memory care garden in square footage. The expansion of this garden requires an additional fencing system to be used along the south side of the lot (facing 37"' street). At all memory care gardens, a fence is required to provide safety and security to our residents. Due to the topographic conditions at the south garden expansion, there are no cost-effective solutions that would allow the project to maintain the appearance of a six foot fence. The seven foot height dimension has been determined the optimum height at which residents are unable to climb over. Cases in the past have shown that memory care residents, although with varying stages of dementia, are physically capable and have been able to climb the six foot memory care fences. A seven foot fence prevents these occurrences. It is determined that areas accessible by memory care residents must maintain a seven foot height minimum, therefore the expansion of the memory care garden is directly affected by the approval of this variance. The materiality of the seven foot fence will be predominantly double sided cedar to shield the adjacent residential units in the building, and those in the garden, from the staff parking lot and generator. The approved double sided wood fence along the western retaining wall will remain the same height as approved. We propose in its place, sections of aluminum fence with four inches on center spacing to allow for a better views and a more aesthetically pleasing frontage to Lee St. Quality of life plays a large role in the need to expand the memory care garden, which as proposed, would more than double the available area for meandering paths and gardens. Because of their illnesses, memory care residents are confined to areas that can be observed and controlled by staff and management. The expansion of the garden allows memory care residents access to a larger outdoor area, which is vital to the health of the residents. This expansion also increases the area in which residents have free access, providing a greater perceived notion of independence, while remaining under the observation of staff. Administrative Variance Case No. WA -15-07 / MorningStar Fence Variance Request Review Criteria Date: May11`h, 2015 To: Lauren Mikulak From: Nathan Rosemann Re: MorningStar of Wheat Ridge W. 38`h Ave. and Kipling St rosemann ARCHITECTURE INTERIOR DESIGN ENGINEERING PLANNING A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present. Per Section 26-115 of the Wheat Ridge Municipal Code, the reviewing authority (Community Development Director, Board of Adjustment, Planning Commission, or City Council) shall base its decision in consideration of the extent to which an applicant demonstrates that a majority of the following criteria have been met: Variance Request: Request allowance of a 7'-0" fence height from Section 26-603.A of the City of Wheat Ridge Code of Ordinances. The property in question would not yield a reasonable return in use, service or income permitted to be used only under the conditions allowed by regulation for the district in which it is located. a. it is typical within the senior living industry, to maintain a minimum seven foot height for all memory care garden and courtyard enclosures. This is to prevent climbing on, or over, the enclosure. Residents within memory care facilities, while suffering from dementia. are physically capable of climbing the regulation six foot high fences dictated by the City of Wheat Ridge. There have been cases in past memory care facilities where residents become disoriented, view these features as obstacles, and attempt to climb the fences or walls. Allowing a variance to the six foot height, and approving a seven foot high fence prevents memory care residents from being able to climb, which in tum prevents the risk of injury or elopement of residents. b. If the variance request is denied, the southwest expansion to the memory care garden would need to be eliminated or altered significantly. This severely affects the quality of life for the memory care residents. It is important to the health of these residents, to provide access to outdoor environments and maximizing the area in which residents can move freely within the building. Therefore, maximizing the amount of "free space" is vital to the quality of life. As seen on Sheet 1, the area that memory care residents can circulate is greatly increased by the addition of the southwest garden expansion, increasing the size of the memory care garden by approximately 230%. 2. The variance would not alter the essential character of the locality. a. Allowing a 7'-0" height of fencing will have a negligible affect from the 6'-0" height regulation. Adjacent neighbor's views of the building will not be affected. Administrative Variance 12 Case No. iFA-15-07 / MorningStar Fence Lauren Mikulak May 1 Vh, 2015 Page 12 1A 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without a variance. a. As mentioned above, the approval of this variance directly impacts the expansion of the memory care garden. Also mentioned above is how the quality of life greatly increases for the memory care residents. These are vital pieces to MorningStar when promoting this facility. 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. Limiting the fence height to 6'-0" would create a less secure environment for the residents, and would require an increase of staff upon MorningStar, making it financially infeasible to expand the outdoor garden area. 5. If there is 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 seven foot height of the memory care fence is strictly dictated by the increase awareness of resident's safety. 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. a. The acceptance of this variance would not be detrimental to any of the above. The denial of this variance would be detrimental to the welfare of the memory care residents. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. a. Fences are frequent within the neighborhood, of differing materiality and various heights. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. [Does not typically apply to single- or two-family homes.] a. Granting the Variance will have no adverse effect on persons with disabilities. Not granting the Variance will greatly reduce the available outdoor area that our memory care residents will have available to them. Given that memory care residents are confined to the amount of space the property allows, accepting this variance would allow for an additional 5000 sf of accessible outdoor area in which memory care residents can access. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. [Does not typically apply to single- or two-family homes.] a. The site is in full compliance with the ASDM and the only variance request is for the fence height. Administrative Variance 3 Case No. WA -15-07 / MorningStar Fence EXHIBIT 6: SITE PHOTO Looking northeast from Lee Street at W. 37`h Place — The fence along Lee Street will be ornamental metal. The fence that parallels W. 370'Place will be located roughly where the arrow is placed, just south of the building. This will be a double sided wood fence that is about 70 feet from W. 37`h Place. Looking north along Lee Street — This image shows the retaining wall, upon which part of the ornamental metal fence will be located. Landscape material will be located between the sidewalk and the wall. Administrative Variance 14 Case No. WA -15-07 / MorningStar Fence City of W heat R�idgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WA -15-07 This is an administrative variance review with a 10 -day posting period. Public comments concerning this request are due in writing by 5:00 p.m. on June 5, 2015. I Kim Waggoner, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 12 letters on May 27, 2015 to the attached recipient list. Signature: / n Date: �2-7 I l� ♦ , ' 11 -� .City of V�Iheat 1clge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE May 27, 2015 Dear Property Owner: This letter is to inform you of Case No. WA -15-07, a request for a 1' fence height variance (16.67%) from the 6' maximum resulting in a 7' tall fence along portions of the property at 10100 W. 38`h Ave, in the Commercial One (C-1) zone district. The attached aerial photo identifies the location of the variance request. The applicant for this case is requesting an administrative variance review which allows no more than a fifty percent (50%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adiacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on June 5, 2015. Thank you. WA 1507.doc www.ci.wheatridge.co.us The subject site -10100 W. 38`h Avenue—is outlined in blue in the aerial image below. The image below shows the site plan that has been approved for an assisted living and memory care facility on the property. The location of the subject fence is within the red dashed box and is shown in detail on the following page. nwr»nw - - ---- - c.: — a 1 _ t ✓u' !Df 1 IRMS Ss o p JR4 1 I I 1 Itilpi•p9E[1 , 00 __— 1 I —1• S I � ., .. -tea. �, ' wv > \\, 1 �[ W>< •- II ,� .+s ' NIS, •v.re+r w. 1 I m 1.-- 1 - na• I� I \ I __ I 4. I1 I 1 � M6C�q� lir Y r 1 1 am rr alI I �� ..� .r �vnvNrec-ma •I I I 11 1 1 1 \ r I jl VS.v 1 clan-emm'. I OM�71E i ._---_-_- 1 I 1 r.0 .'so _._.------------ \ ; I The yellow line shows the limits o the 7 -foot fence which is located parallel to Lee Street and then wraps the south side of the building. MVG MS WHEAT RIDGE LLC INSPIRATIONS LLC COBALT ON LEE STREET LLC 2240 BLAKE ST, STE 200 2655 W 39TH AVE PO BOX 745154 DENVER, CO 80205 DENVER CO 80211 ARVADA CO 80006 WAHLERS PETER D WAHLERS BETH A 3725 LEE ST WHEAT RIDGE 80033 MATISCIK RICHARD MATISCIK DENISE S 6248 HOLMAN CT ARVADA CO 80004 GERSTNER PAULA 3755 LEE ST WHEAT RIDGE CO 80033 BUCK MICHAEL PO BOX 445 WATKINS CO 80137-0445 CASTLE LION 440 E 13TH LLC 1251 PENNSYLVANIA ST, #2 DENVER CO 80203 MR LAND LLC 10135 W 38TH AVE WHEAT RIDGE CO 80033 DENNING FRANKLIN D JR MILLENNIUM VENTURE MVG KIPLING RIDGE LLC DENNING LISA M GROUP INC 2240 BLAKE ST, STE 200 14700 W 82ND AVE 2240 BLAKE ST, STE 200 DENVER CO 80205 ARVADA CO 80005 DENVER CO 80205 i 10200 03720 03725 37TH PL F U1 g O i x 03716 J ,w 3TT11 PL 03700 03725 u 7 0 m G S 2 m665 Vi w 03590 G03655 03660 03655 z Y 0 03615 03580 03640 OU 625 main 03605 03610 03615 03705 p G co g Q➢g,� c 8 g g 09905 D3 91 D In c r 09905 03909 g `a v, 03900 W (L N n9$oll J m 1��•,,�^ 'S L° 0389": ( ul J m T y 00862 ? / 10191 > g 10221 3 RTH AVE i 10200 03720 03725 37TH PL F U1 g O i x 03716 J ,w 3TT11 PL 03700 03725 u 7 0 m G S 2 m665 Vi w 03590 G03655 03660 03655 z Y 0 03615 03580 03640 OU 625 main 03605 03610 03615 03705 p G co g c 8 g 03890 09905 0.1850 s 09999 09905 09Ffi1 QwAl City of Wheat Midge USE CASE PROCESSING APPLI• CATION Community Development Department louu vv est 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant MVG - MS (Wheat Ridge) LLC Address 2240 Blake St. Suite 200 Phone (303) 573-6500 City Denver State Colorado Zip 80205 Fax Owner MVG - MS (Wheat Ridge) LLC Address 2240 Blake St. Suite 200Phone ( 303 573-6500 ) City Denver State Colorado Zip 80205 Fax Contact Zachary Callaway, Rosemann & Associates Address 2809 Larimer St. Phone (303) 261-8229 City Denver State Colorado Zip 80205 Fax (The person listed as contact will be contacted to answer questions regarding this application, provide addLtional information when necessary, public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsibl for fpost communication to applicant and owner.) forwarding all verbal and written Location of request (address): 10100 W. 38th Ave. Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submitral checklists for complete application requirements; incomplete appOications 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 O Site Plan approval O Temporary Use, Building, Sign O Lot Line Adjustment O Concept Plan approval ® Variance/Waiver (from Section 26-603.A ) O Planned Building Group O Right of Way Vacation O Other: Detailed description of request: Allowance of a T- 0" high fence along W. 37th Place frontage Required information: Assessors Parcel Number: Lot 1 Size of Lot (acres or square footage): 2.29 Acres Current Zoning: C-1 Proposed Zoning: No Change Current Use: Assisted Living Proposed Use:No Change 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, lam acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot laxfully be accomplished. Applicants other than owners must submit power-of-attorne rom the owner whi rovedof this a 'non his behalf. Notarized Signature of Applicant State of Colorado County of'Ib@Y\,VIlk— } ss The foregoing instrument (Land Use Processing Application) was acknowledged JOANNE M. TRUE b e this,99say of , 20 1 5 by ��E j I V n 5. U W� C( NOTARY PUBLIC —r r • STATE OF COLORADO NOTARY ID • 20044040717 MY COMMISSION EXPIRES JANUARY 08, 2017 Kotary Public - My commission expires //204' To be filled out by staff: CA-)-A- Date received 5 (-1 Y� I Fee $_Receipt No.0 ( 0 Case No,\A/(5-,g yQ Comp Plan Design. Zoning Quarter Section Map E Related Case No. Pre -App Mtg. Date Case Manager��i Variance Request Review Criteria Date: May 26"', 2015 To: Lauren Mikulak From: Nathan Rosemann Re: MorningStar of Wheat Ridge W. 38'h Ave. and Kipling St rosemann & ASSOCIATES ARCHITECTURE INTERIOR DESIGN ENGINEERING PLANNING A variance provides relief from the strict application of zoning standards in instances where a unique physical hardship is present. Per Section 26-115 of the Wheat Ridge Municipal Code, the reviewing authority (Community Development Director, Board of Adjustment, Planning Commission, or City Council) shall base its decision in consideration of the extent to which an applicant demonstrates that a majority of the following criteria have been met: Variance Request: Request allowance of a 7'-0" fence height from Section 26-603.A of the City of Wheat Ridge Code of Ordinances. The property in question would not yield a reasonable return in use, service or income permitted to be used only under the conditions allowed by regulation for the district in which it is located. a. It is typical within the senior living industry, to maintain a minimum seven foot height for all memory care garden and courtyard enclosures. This is to prevent climbing on, or over, the enclosure. Residents within memory care facilities, while suffering from dementia, are physically capable of climbing the regulation six foot high fences dictated by the City of Wheat Ridge. There have been cases in past memory care facilities where residents become disoriented, view these features as obstacles, and attempt to climb the fences or walls. Allowing a variance to the six foot height, and approving a seven foot high fence prevents memory care residents from being able to climb, which in turn prevents the risk of injury or elopement of residents. b. If the variance request is denied, the southwest expansion to the memory care garden would need to be eliminated or altered significantly. This severely affects the quality of life for the memory care residents. It is important to the health of these residents, to provide access to outdoor environments and maximizing the area in which residents can move freely within the building. Therefore, maximizing the amount of "free space" is vital to the quality of life. As seen on Sheet 9, the area that memory care residents can circulate is greatly increased by the addition of the southwest garden expansion, increasing the size of the memory care garden by approximately 230%. 2. The variance would not alter the essential character of the locality. a. Allowing a 7'-0" height of fencing will have a negligible affect from the 6'-0" height regulation. Adjacent neighbor's views of the building will not be affected. 2809 LARIMER STREET DENVER, CO 80205-2222 P,303.261.8229 DENVER, CO f. KANSAS CITY, MO ♦ ST. LOUIS, MO Lauren Mikulak May 26", 2015 Page 12 AA0 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without a variance. a. As mentioned above, the approval of this variance directly impacts the expansion of the memory care garden. Also mentioned above, is how the quality of life greatly increases for the memory care residents. These are vital pieces to MorningStar when promoting this facility. 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. Limiting the fence height to 6'-0" would create a less secure environment for the residents, and would require an increase of staff upon MorningStar, making it financially infeasible to expand the outdoor garden area. 5. If there is 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 seven foot height of the memory care fence is strictly dictated by the increase awareness of resident's safety. 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. a. The acceptance of this variance would not be detrimental to any of the above. The denial of this variance would be detrimental to the welfare of the memory care residents. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. a. Fences are frequent within the neighborhood, of differing materiality and various heights. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. [Does not typically apply to single- or two-family homes.] a. Granting the Variance will have no adverse effect on persons with disabilities. Not granting the Variance will greatly reduce the available outdoor area that our memory care residents will have available to them. Given that memory care residents are confined to the amount of space the property allows, accepting this variance would allow for an additional 5000 sf of accessible outdoor area in which memory care residents can access. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. [Does not typically apply to single- or two-family homes.) a. The site is in full compliance with the ASDM and the only variance request is for the fence height. DENVER, CO KANSAS CITY, MO ST. LOUIS, MO City of W heat Pidge COMMUNITY DEVELOPMENT Submittal Checklist: Variance Project Name: MorningStar - MVG Assisted Living and Memory Care Center Project Location: 10100 W. 38th Ave. 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: ✓ �+I . Completed, notarized land use application form �T Application fee Signed submittal checklist (this document) Proof of ownership—e.g. deed Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 6. Wri en request and description of the proposal 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 �Survey or Improvement Location Certificate (ILC) of the property . To -scale site plan indicating existing and proposed building footprints and setbacks f 9. Proposed building elevations indicating proposed heights, materials, and color scheme Rev. 5/2014 As applicant for this project, 1 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 made after the second (2d) full review, / will be subject to the applicable resubmittal fee. Signature: Date: Name (please print): C ce�n� S�y�l� Phone: Community Development Department . (303) 235-2846 - www.ci.wheatridge.co.us Narrative Date: May 26"', 2015 To: Lauren Mikulak Senior Planner, City of Wheat Ridge 7500 W. 29"' Avenue Wheat Ridge, Colorado 80003 From: Nathan Rosemann Re: MomingStar of Wheat Ridge rosemann 1 & ASSOCIATE'- ARCHITECTURE SSOCIATE` ARCHITECTURE INTERIOR DESIGN ENGINEERING PLANNING The following is a narrative to accompany the Request for Variance from the City of Wheat Ridge planning and zoning code to allow for a seven foot fence along the south side of the project facing the parking lot and 37"' street. For the MorningStar of Wheat Ridge project off of W. 38`xand Kipling Street. the memory care garden initially terminated at the southwest wing, providing a small outdoor area for the memory care residents. An opportunity presented itself that allowed for the continuation of the memory care garden to expand around the southwest wing, more than doubling the memory care garden in square footage. The expansion of this garden requires an additional fencing system to be used along the south side of the lot (facing W. 37" Place). At all memory care gardens, a fence is required to provide safety and security to our residents. Due to the topographic conditions at the south garden expansion, there are no cost-effective solutions that would allow the project to maintain the appearance of a six foot fence. The seven foot height dimension has been determined the optimum height at which residents are unable to climb over. Cases in the past have shown that memory care residents, although with varying stages of dementia, are physically capable and have been able to climb the six foot memory care fences. A seven foot fence prevents these occurrences. It is determined that areas accessible by memory care residents must maintain a seven foot height minimum, therefore the expansion of the memory care garden is directly affected by the approval of this variance. The materiality of the seven foot fence will be predominantly cedar with small sections of aluminum fencing to provide some transparency. The cedar fence shields the adjacent residential units in the building, and those in the garden, from the adjacent parking lot and generator. The fence along the western retaining wall will remain the approved 6'-0" high visible from property line (see detail 4 on sheet 3). We propose, in place of the approved wooden fence, aluminum fencing with four inches on center spacing to allow for better views and a more aesthetically pleasing frontage to Lee Street and portions of W. 37" Place. Quality of life plays a large role in the need to expand the memory care garden, which as proposed, would more than double the available area for meandering paths and gardens. Because of their illnesses, memory care residents are confined to areas that can be observed and controlled by staff and management. The expansion of the garden allows memory care residents access to a larger outdoor area, which is vital to the health of the residents. This expansion also increases the area in which residents have free access, providing a greater feeling of independence, while remaining under the observation of staff. 2809 LARIMER STREET DENVER, CO 80205-2222 P303.261.8229 DENVER, CO KANSAS CITY, MO d ST. LOUIS, MO AFRO rconfluent � development May 26, 2015 City of Wheat Ridge Lauren Mikulak 7500 W. 29h Ave. Wheat Ridge, CO 80033 Dear Lauren, This letter is to serve as official notification to the City of Wheat Ridge, that Rosemann & Associates is authorized to represent Confluent Development d.b.a. MS-MVG (Wheat Ridge), LLC in all permitting decisions and applications as it relates to the MorningStar Assisted Living and Memory Care Project located at 10100 W. 38t' Ave., Wheat Ridge, CO 80033. Please let me know if you have any questions or concerns. Sincerely, Matt Ferguson Construction Manager MFer.QusonLa,)confluentdev.com 2240 Blake St. Suite 200 1 Denver, CO 80205 d (720) 257-60681 o (303) 573-6500 I c (720) 226-2801 www. Confl uentDev.com 2240 Blake St., Suite 200 Denver, CO 80205 Phone: (720) 257-6068 WHEN RECORDED RETURN TO: Millennium Venture Group, INC. c/o Carolyn S. Powell 1509 York Street, Third Floor Denver, CO 80206 File Number: NCS -689290 -CO SPECIAL WARRANTY DEED THIS DEED, Made this October 22, 2014, between Millennium Venture Group, Inc., a Delaware corporation whose legal address is 1509 York Street, Third Floor, Denver, CO 80206 of the County of Denver and State of Colorado grantor, and MVG Kipling Ridge LLC, a Colorado limited liability company whose legal address is 1509 York Street, Third Floor, Denver, CO 80206, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), 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, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE also known by street and number as: 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, 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 his heirs, and assign forever. The grantor for his heirs and personal representatives or successors, does covenant and agree that this shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. **CONVENIENCE DEED, NO DOC FEE** Page lof2 Doc Fee: $N/A IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Millennium Venture Group, Inc., a Delaware corporation Carolyn S. Po ,Vice President, State of County of Colorado Denver The foregoing instrument was acknowledged to before me this 22nd day of October, 2014 by Carolyn S. Powell as Vice President of Millennium Venture Group, Inc., a Delaware corporation. Witness my hand and official seal. My commission expires: JOANNE 141. TNUE NOTARY PUBLIC STAFF OF COLORADO - se AGM. AISS+7N EM -Fr S /- ANotafryPublic "�r -`1O©Y'-(0ii'0f? Page 2of2 Exhibit "A" Parcel 1: That part of the Northeast one-quarter of the Northeast one-quarter of the Northeast one-quarter of Section 28, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at the Northeast corner of said Section 28; thence southerly, along the east line of said Section 230 feet; thence westerly, parallel with the north line of said Section, 200 feet to the True Point of Beginning; thence continuing westerly, parallel with the north line of said Section, 109.99 feet, more or less, to a point 20 feet east of the west line of the east one-half of the Northeast one-quarter of the Northeast one- quarter of the Northeast one-quarter of said Section 28; thence southerly parallel with the west line of the east one-half of the Northeast one-quarter of the Northeast one-quarter of the Northeast one-quarter of said Section, 124.86 feet, more or less, to a point 355 feet south of the north line of Section 28; thence westerly, parallel with the north line of said Section, 40 feet; thence southerly, parallel with and 20 feet west of the west line of the east one-half of the Northeast one-quarter of the Northeast one-quarter of the Northeast one-quarter, 7S feet; thence westerly, parallel with the north line of said Section, 290.19 feet Lee Street; , more or less, to the east line of thence northerly along said east line, parallel with and 20 feet east of the west line of said Northeast one- quarter of the Northeast one-quarter of the Northeast one-quarter, 400 feet, more or less, to the south line of 38th Avenue; thence easterly along said south line, parallel with and 30 feet south of the north line of said Section 28, a distance of 440.53 feet, more or less, to a point 200 feet west of the east line of said Section; thence southerly, parallel with the east line of said Section, 200 feet, to the True Point of Beginning, EXCEPTING therefrom the portions described in Book 1579 at Page 296 and in Book 1969 at Page 800 and in Book 1970 at Page 1 of the Jefferson County records, County of Jefferson, State of Colorado. Parcel 2: A parcel of land in the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 28, Township 3 South, Range 69 West of the 6th Principle Meridian, County of Jefferson, State of Colorado, described as follows: Beginning at a point which is 30 feet South and 30 West of the Northeast corner of said Section 28; Thence South 100 feet along the West line of Kipling Street to the True Point of Beginning; Thence South along the West line of Kipling Street, a distance of 100 feet; Thence West and parallel to the South line of West 38th Avenue, a distance of 125 feet; Thence North and parallel to the West line of Kipling Street, a distance of 100 feet; Thence East and parallel to the South line of West 38th Avenue, a distance of 125 feet to the True Point of Beginning, EXCEPT that portion conveyed to the Department of Highways by Deed recorded August 27, 1969 in Book 2128 at Page 357, County of Jefferson, State of Colorado. Parcel 3: The following described real estate situated in the City of Wheatridge, County of Jefferson and State of Colorado, bounded and described as follows, to -wit; That part of the NEI/4 NEI/4 NEI/4 of Section 28, Township 3 South, Range 69 West of the 6th P.M., described as follows: Beginning at the Northeast corner of said Section 28; thence Southerly along the East line of said Section 28 a distance of 230 feet; thence Westerly parallel with the North line of said Section 28 a distance of 30 feet to the True Point of Beginning; thence Southerly parallel with the East line of said Section 28, a distance of 436.09 feet to a point on the South line of the NE1/4 NEI/4 NEI/4 of said Section 28; thence Westerly along said South line a distance of 279.61 feet to a point on the East line of Kline Street; thence Northerly along said East line of Kline Street and said line extended North, and parallel with and 20 feet East of the West line of the E1/2 NEI/4 NEI/4 NE1/4, a distance of 435.52 feet, more or less, to a point 230 feet South of the North line of said Section 28; thence East and parallel with the North line of said Section 28, a distance of 109.99 feet, more or less, to a point 200 feet West of the East line of said Section 28; thence Northerly and parallel with the East line of said Section 28; thence Northerly and parallel with the East line of said Section 28, a distance of 200 feet to a point on the South line of West 38th Avenue; thence Easterly along said South line, parallel with and 30 feet South of the North line of said Section 28, a distance of 45 feet, to a point 155 feet West of the East line of said Section 28; thence Southerly, parallel with and 155 feet West of the East line of said Section 28, a distance of 200 feet to a point 230 feet South of the North line of said Section; thence Easterly, parallel with the North line of said Section 28, a distance of 125 feet to the True Point of Beginning, EXCEPTING therefrom that certain parcel conveyed to the Department of Highways and described as: A tract or parcel of land No. 146 of the State Department of Highways, Division of Highways, State of Colorado, Project No. U 044-1 (3) Section 2, in the NE1/4 of Section 28, Township 3 South, Range 69 West of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point which is South along the East line of the NE1/4 of Section 28, a distance of 230.0 feet and West parallel with the North line of the NE1/4 of Section 28, a distance of 45.0 feet from the NE comer of Section 28, T3S, R69W; 1. Thence South, parallel with the East line of the NE1/4 of Section 28, a distance of 436.09 feet to the South property line; 2. Thence East, along the South property line a distance of 15.0 feet to the SE property corner, 3. Thence North, along the East property line, a distance of 436.09 feet; 4. Thence West, parallel with the North line of the NE1/4 of Section 28, a distance of 15.0 feet, more or less, to the Point of Beginning, County of Jefferson, State of Colorado. Parcel 4: The South 100 feet of the North 130 feet of the West 115 feet of the East 155 feet of the East half of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian, EXCEPT that portion thereof conveyed to The City of Wheat Ridge, Colorado by Deeds recorded November 10, 1972 in Book 2444 at Pages 376 and 377, County of Jefferson, State of Colorado. 1 City of Wheat dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29°i Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 FOUNDATION SETBACK AND ELEVATION CERTIFICATION This form, including the Exhibit on the reverse side, must be fully completed by a Professional Land Surveyor licensed in the State of Colorado. This Certification must be submitted for review and approval prior to the FIRST FRAMING INSPECTION and before proceeding with any further construction. DATE: M P,1 I3, 20 t S PERMIT# ADDRESS: 1 O 1 d O W. 3$'f H NE-OvE LOT t , BLOCK , M'J(G M"-wl:.-21-A L rt11Nc, tea. \ SUBDIVISION I hereby certify that the elevation and location of the structural foundation for the above property described above has been measured by me or directly under my supervision. The foundation setbacks and elevations for all building corners as stated herein have been found by me to be in compliance with all municipal setback and elevation requirements, and all civil engineering and Building Pen -nit construction plans as approved by the City of Wheat Ridge. The MINIMUM SETBACK DISTANCES from theproperty lines have been determined to be: FRONT: Z S REAR: -7� y", SIDE: t3-9' SIDE: The MINIMUM ELEVATION has been determined to be: (NAVD88). The above measurements have been determined on the following location: Check only one): Top of foundation prior to placement of concrete Top of proposed foundation subsequent to placement of concrete The setback and elevation measurement locations are identified on the attached exhibit. Signed C., ll v Print J A ^" �' . U% &VA w v F V Date Professional Surveyor FOR OFFICE USE ONLY Approved by: Inspector Date 1%'1VWA.WhC2tridge.co.us Rev 02112 L=23.42: R=15.00' 89'27'00" FOUNDA TION L OCA RON CERT/F/CA TE EXHIBIT LOTS 5 THROUGH 7 OF BLOCK 34 OF THE McCULLOUGH HILL AMENDED MAP WITHIN THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 3 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN CITY AND COUNTY OF DENVER, STATE OF COLORADO N N WEST 38TH AVENUE (ROW WIDTH VARIES) N 89'12' 50"E 282.22' N L=23.71' R=15.00' 90'33'00" BUILDING UNDER ,0 CONSTRUCTION co •?0 1 �p 6 of FOUND REBAR W/ YELLOW PLASTIC CAP STAMPED "LS 14112" 0.27' S & 10.03' W 's - 305.03' S89'12'50"W WEST 37TH PLACE (50' ROW) w N r O O V) FOUND REBAR W/ YELLOW PLASTIC CAP STAMPED "LS 14112" K L=77.95' R=150.00' = 29'46' 36" NOTES: ROCKY MOUNTAIN MERIDIAN DID NOT RESEARCH EASEMENTS OF RECORD. THE SITE IS CURRENTLY UNDER CONSTRUCTION. DATE OF FIELD INSPECTION: APRIL 21, 2015 LEGAL DESCRIPTION: LOT 1, MVG MARKETPLACE SUBDIVISION FILING NO. 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. PROPERTY ADDRESS: 10100 W. 38TH AVE., WHEAT RIDGE, COLORADO 80205 SURVEYOR'S CERTIFICATION I, JAMES G. REICHHOFF A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY CERTIFY THAT THIS FOUNDATION LOCATION CERTIFICATE WAS PREPARED FOR MVG MS WHEAT RIDGE LLC THAT IT IS NOT LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. (C.R.S. 38-51-108) I FURTHER CERTIFY THAT THE FOUNDATION ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, APRIL 21, 2015 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. (C.R.S. 38-51-108) ACCORDING TO COLORADO LAW, ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY MUST COMMENCE WITHIN THREE (3) YEARS AFTER SUCH DEFECT IS FIRST DISCOVERED. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. N jc R=150.00 =30'00'00"— { 0° ' 5/13/15 ,�'%'c W O � �- a 0i o0 �`JJ ``('ate �;>�' k 12% 0' 50' 1 100' 150 O - �O O``° ° o 25.77 N o 4 wqz t�r,� > SCALE: 1" = 50' O �, -�._r N90'00'00"W N JAMES G. REICHHOFF COLORADO PLS 38030 FOR AND ON BEHALF OF ROCKY MOUNTAIN MERIDIAN, INC. 3 0 0 D 04 RS, Z 3.9 Lu so- \W i 4 s ro: 0+ '9• 0 00 m v Lu L=23.71' R=15.00' 90'33'00" BUILDING UNDER ,0 CONSTRUCTION co •?0 1 �p 6 of FOUND REBAR W/ YELLOW PLASTIC CAP STAMPED "LS 14112" 0.27' S & 10.03' W 's - 305.03' S89'12'50"W WEST 37TH PLACE (50' ROW) w N r O O V) FOUND REBAR W/ YELLOW PLASTIC CAP STAMPED "LS 14112" K L=77.95' R=150.00' = 29'46' 36" NOTES: ROCKY MOUNTAIN MERIDIAN DID NOT RESEARCH EASEMENTS OF RECORD. THE SITE IS CURRENTLY UNDER CONSTRUCTION. DATE OF FIELD INSPECTION: APRIL 21, 2015 LEGAL DESCRIPTION: LOT 1, MVG MARKETPLACE SUBDIVISION FILING NO. 1, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. PROPERTY ADDRESS: 10100 W. 38TH AVE., WHEAT RIDGE, COLORADO 80205 SURVEYOR'S CERTIFICATION I, JAMES G. REICHHOFF A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY CERTIFY THAT THIS FOUNDATION LOCATION CERTIFICATE WAS PREPARED FOR MVG MS WHEAT RIDGE LLC THAT IT IS NOT LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. (C.R.S. 38-51-108) I FURTHER CERTIFY THAT THE FOUNDATION ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, APRIL 21, 2015 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. (C.R.S. 38-51-108) ACCORDING TO COLORADO LAW, ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY MUST COMMENCE WITHIN THREE (3) YEARS AFTER SUCH DEFECT IS FIRST DISCOVERED. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. N jc R=150.00 =30'00'00"— { 0° ' 5/13/15 ,�'%'c W O � �- a 0i o0 �`JJ ``('ate �;>�' k 12% 0' 50' 1 100' 150 O - �O O``° ° o 25.77 N o 4 wqz t�r,� > SCALE: 1" = 50' O �, -�._r N90'00'00"W N JAMES G. REICHHOFF COLORADO PLS 38030 FOR AND ON BEHALF OF ROCKY MOUNTAIN MERIDIAN, INC. AM AM AM AM AM AM AM — H AM AM MIM MIM AM MIM AM MIM —Am— LEE AM—LEE ST. (P) 7'-0" VISIBLE FENCE BEGINS - EDGE OF APPROVED FENCE OMMU (CATION CABINETS SIDEWALK -x (P) ALUMINUM FENCE I PROPOSED - APPROVED - - SIDEWALK (P) ALUMINUM FENCE (P) SECURE GATE _4 Lt (P) SIDEWALK REM PLANTING ADDED (P) ALUMINUM FENCE PARKING LOT (P) ALUMINUM FENCE () P SIDEWALK REMOV PLANTING ADDED — (P) ALUMINUM FENCE i %i / /N) SIDEWALK l o o. O ,w.ti1 1.t. 0 6'-0" VISIBLE FENCE APPROVED M.C. - - GARDEN AREA r� M.C. UNIT ♦� M.C. UNIT SECURE < -- GATE __ ==t:__:::::: 1__.___ M.C. 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UNIT LEGEND 0 15 30 60 N SCALE: 1" = 30'-0" Ki 1 rosemann & ASSOCIATESP.c MEMORY CARE MEMORY CARE GARDEN EXPANSION – – • CIRCULATION PATH AL / M.0 SEPARATION iiiim im AmensTar ALLinninum Fence 4. O.C. i m T DousLe sioeo w000en Fence 0 15 30 60 N SCALE: 1" = 30'-0" Ki 1 rosemann & ASSOCIATESP.c 10 URO I 5J�C 1 1 CURRENT MEMORY CARE GARDEN N MEMORY CARE EXPANSION SKETCH 05/26/15 g CACI 3 auto (6 p 6 REVISED "T SCHEDULE WIREVISEO COURTYARD IRAM IFI ACCO QM 5 DOrANICAL NAM APER gAIANDOFS t;QIYWE' [o.%"JiAM COIIWAN MptLYAY L♦APEE W 1TGLE COLO • OGRrLLISCdWRFA tU1RUSN {!REFI RM l5'CMl to lR GLEpfSMFgyI[II(t KE RUNS SIMDE TER SNAfX TEA IFp{—LAST BM 15'WE [OFA IK0E1NEUlTWPAMLILA I A GOIOMPAW EE BM 25 -Cm IX1NO ] OLIERCIA NOBUR ENQTSIIDAR RM ]TCAL OUCO I OLIERMS CDCCI 5C1FA E WKBIR I5'CAE . IIAI S M IILM•AENNAfD1(UO WONK)OL•DEN MR 2v' tAAC • L Wl [ ACCIXARE ACCOLADE (LEY SER ] V WE IEVFRtaF(N ITEE5 QM 1� SflE AfSG ! 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QM BOIANIL_NANE F cm i& fa QlA ELICB ♦ N CICNAILS W_IOAFIA ElR}FY1U3 (ORIIREICOLOgAl11T YCIBNINC1ENAfa PLIRfIFAF WNIFACMEPER 5GAE tGµ NEFA VY • E 11EDERA IEIR VNW IMIGRUOfYYi ENOLRNMI' Va11AVE CO•RION PERM'IRRE 1Oµ 1Wl C, EDTA 2MEMORY CARE GARDEN EXPANSION t•_3p N MorningStar-MVG Assisted Living and Memory Care Center W 38th Avenue and Kipling Street Wheat Ridge, CO 80033 Vc. 2 rosemann & ASSOCIATESPC. ,M- 4- MXX TYP. ALUMINUM FENCE CIQT& BIACK Lich" MRK LTM. iT � {..lits ,fs s�y/WN R9R1i *14l11[ LNW/11J7/I• v 11 , 11 3/16 - 1 -0 BT FTALE ORpERMEABE MATERIAL FENCE OR RAILING HEIGHT �FINISNED GRADE V '�' PLANTABLE OR LOW PERMEABLE '�� •�aGt.'t.a�s• e�I}.. MATERIAL BLOCK El DETAILS APPROVED DETAIL - FENCE SECTION a@ WEST PROPERTY LINE 3/8" = 1'-0" MorningStar-MVG Assisted Living and Memory Care Center W 38th Avenue and Kipling Street Wheat Ridge, CO 80033 6 PN4L.�G 1157 V6 t> c vfT Y A WOODEN FENCE ELEVATION 3/16" = 1'-0" y�";t� Al At 0 � • IY fI �� �; D £� 5� s. WOODEN FENCE SECTION 1/2" = 1'-01' A rosemannA& & ASSOCIATES;,, POST FENCE FOOTING DEPTIO EXPOSED ED BY WALL HEIGHT OTHERS Q C _ DESIGN HEIGHT IDH) I FROM CUT OR DISPLACE BASE OF WALL TO GR E AX; GRID SPACING 2 BLOCKS Q GEOGF40 AROUND BEHIND PARAPET WAL - COLUMN TUBE OR PVC PIPE d � GEOGRID REINFORCEMENT TYPE AND INFILL SOIL l Q LENGTH VARIES PER WALL DESIGN SEE (\+, GEOGR ID REINFORCEMENT CHART &RUSHED REGYCLEOCONCRETE FINISHED G RADE PER GENERAL NOTE 7 G C - RETAIN EO SO- (\� EOGRILENG GD THNV -a a EMBEDMENT DEPTH (MIN S-) 4i.(100—N TOE DRAIN PIPE VENTED TO DAYLIGHT 6 50 mm) MINI El DETAILS APPROVED DETAIL - FENCE SECTION a@ WEST PROPERTY LINE 3/8" = 1'-0" MorningStar-MVG Assisted Living and Memory Care Center W 38th Avenue and Kipling Street Wheat Ridge, CO 80033 6 PN4L.�G 1157 V6 t> c vfT Y A WOODEN FENCE ELEVATION 3/16" = 1'-0" y�";t� Al At 0 � • IY fI �� �; D £� 5� s. WOODEN FENCE SECTION 1/2" = 1'-01' A rosemannA& & ASSOCIATES;,, Case No. WA1507 Date Received 5/27/2015 Related Cases Case Planner Mikulak Case D escriptior Request for approval of a 1 -foot variance to the fence height standards to allow a 7 -loot tall fence along portions of the property. Ap.p&-" /..favwalivrr 89:89 CDDA MVG—MS WHEAT RIDGE LLC Name MVG Name PAYMENI RECEIVED CHECK: 129 Phone (303) 573-6500 2149.90 Address 2240 Blake St., Suite 200 City Denver State CO Zip 80205- O#waev /n/vrmalmn Name MVG Name Phone (303) 573.6500 Address 2240 Blake St City Denver State CO Zip 80205- LUnlac'I InIMAVO&W Name Zachary Callaway,Rosem. Name Phone (303)261-8829 Address 2809 Larimer St. City Denver State CO Zip 80205- Picyecf /n /anaaati�n Address 10100 Street W. 38th Ave. City Wheat Ridge State CO Zip 80033 Location Description Project Name ,Morningstar Fence Variance Parcel No Qtr Section District No Referral Out: Comments 42 Sent: Admin Posting Start 5/27/2015 3928112022 NE28 III - - Referral Due: Submittal #3 Rcvd: Admin Posting End: 6/5/2015 _ Comments #1 Sent: Comments #3 Sent: ' Submittal #2 Rcvd Pre -App Date Neighborhood Meeting Date App No: 0 '' Public Hearing Review Type Review Body Review Dale Disposition Comments Report Review Disposition Case Disposition Conditions of Approval Res # Ord # Disposition Date Notes Status Open Recorded Date: Storage: Reception #: City of Wheat Ridge 95/27/2815 89:89 CDDA MVG—MS WHEAT RIDGE LLC CDA911487 FMSD ZONING APPLICATION FEES AMOUNT 2fd0,80 PAYMENI RECEIVED CHECK: 129 AMOUNT TOTAL 2149.90 -------------- 289.00