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HomeMy WebLinkAboutWA-15-01City of fOMWhat 1, dMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. June 19, 2015 Bill Fritz 10827 Bobcat Terrace Littleton, CO 80124 Dear Mr. Fritz: RE: Case No. WA -15-01 Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please be advised that at its meeting of May 28, 2015 the Board of Adjustment APPROVED your request for a 2 foot fence height variance from the six foot standard resulting in an eight foot high privacy fence along the west side of Yukon Grove backing to Ridgeview Estates (lots 1-14 of the Yukon Grove Subdivision) and east side of Yukon Grove (lots15-20)for property located at 7671 W. 32nd Avenue in the PRD zone district for the following reasons: West Side 1. The fence would provide for a consistent appearance on the west side of the subdivision and a sense of oneness for north to south without interruptions in the structure. 2. The homeowners on the western side are not in objection. East Side 1. It would provide a consistent appearance. 2. There were no objections by the property owners on the east. 3. It would help to mitigate the traffic noise coming off Wadsworth Boulevard. 4. The fence is a visual advantage given the exposure to Wadsworth Boulevard and the futures of the trees on the eastern lot are questionable. 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. Sin U� Kim Waggoner Administrative Assistant Enclosures: Certificates of Resolution Draft of Minutes cc: WA -15-01 (case file) WA 1501.doc www. ci. w h ea t ri d ge. co. u s CERTIFICATE OF RESOLUTION I, Kim Waggoner, 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 28th day May 2015. CASE NO: WA -15-01 (East Side of Subdivision) APPLICANT'S NAME: Bill Fritz WHEREAS, application Case No. WA -15-01 was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Case No. WA -15-01 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were protests registered against it; and WHEREAS, the relief applied for may not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing and City of Wheat Ridge NOW, THERFORE BE IT RESOLVED that Board of Adjustment application Case No. WA - 15 -01 be, and hereby is APPROVED. TYPE OF VARIANCE: 2 foot fence height variance to allow an 8 foot high fence on the east side of the subdivision. FOR THE FOLLOWING REASONS: 1. It would provide a consistent appearance. 2. There were no objections by the property owners on the east. 3. It would help to mitigate the traffic noise coming off Wadsworth Boulevard. 4. The fence is a visual advantage given the exposure to Wadsworth Boulevard and the future of the trees on the eastern lot are questionable. VOTE: YES: ABBOTT, BANGHART, BELL, BRADFORD, GRIFFETH, HOVLAND, PAGE and RICHMOND NO: ABSENT: GRIEGO and KUNTZ Board of Adjustment Page 1 ADOPTED and made effective this 28th day of May 2015, P ul 4vlan,Ch it Board of Adjustment Board of Adiustment t Kim Waggoner, SPtaryy Board of Adjustment Page 2 CERTIFICATE OF RESOLUTION I, Kim Waggoner, 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 28th day May 2015. CASE NO: WA -15-01 (West Side of Subdivision) APPLICANT'S NAME: Bill Fritz WHEREAS, application Case No. WA -15-01 was eligible for administrative review and approved with conditions by an administrative officer; and WHEREAS, Board of Adjustment Case No. WA -15-01 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were protests registered against it; and WHEREAS, the relief applied for may not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing and City of Wheat Ridge NOW, THERFORE BE IT RESOLVED that Board of Adjustment application Case No. WA - 15 -01 be, and hereby is APPROVED. TYPE OF VARIANCE: 2 foot fence height variance to allow an 8 foot high fence on the west side of the property, the entire length of the perimeter FOR THE FOLLOWING REASONS: 1. The fence would provide for a consistent appearance on the west side of the subdivision and a sense of oneness for north to south without interruptions in the structure. 2. The homeowners on the western side are not in objection. VOTE: YES: ABBOTT, BANGHART, BELL, BANGHART, GRIFFETH, HOVLAND, PAGE and RICHMOND NO: ABSENT: GRIEGO and KUNTZ Board of Adjustment Page 1 ADOPTED and made effective this 28th day of May 2015. Aau-4Hovffind,*-.hhair Board of Adjustment Board of Adiustment � V'v Kim Waggone Ac, etary Board of Adjustment Page 2 1. City of ]�q�Wh6atRjdge BOARD OF ADJUSTMENT Minutes of Meeting May 28, 2015 CALL MEETING TO ORDER The meeting was called to order by Chair HOVLAND at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: 3. 4. Alternates Present: Board Members Absent: Staff Members Present PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING Thomas Abbott Sally Banghart Janet Bell Dan Bradford Paul Hovland Betty Jo Page Michael Griffeth Larry Richmond David Kuntz Lily Griego Gerald Dahl, City Attorney Meredith Reckert, Sr. Planner Kim Waggoner, Recording Secretary A. Case No.WA-15-03/Electric Guard Dog - Findings of Fact Mr. Dahl stated the Board conducted the required public hearing on April 23, 2015. The hearing was closed with a final action. The hearing is not being reopened. The decision was to deny. He prepared findings as requested by the applicant and the Board. The resolution has been included in the packet. The resolution is a record of what happened at the hearing. Code citations were provided. A simple majority vote would be required to pass a motion for this consideration. If a motion fails, the findings will not be adopted. It does not change the denial of the request and a standard resolution will be entered into the record. Board of Adjustment Minutes May 28, 2015 Ms. Reckert stated Member GRIFFETH should abstain from the vote as he did not hear the case. It was moved by Member BANGHART and seconded by Member PAGE to adopt the Resolution, Findings of Fact and Decision for Case No. WA -15-03 prepared by the City Attorney and as presented in the May 28, 2015 meeting packet. Motion Approved with a vote of 7-0-1 with Member GRIFFETH abstaining. B. Case No. WA -15-01 This case was presented by Meredith Reckert. She stated the applicant is requesting approval of an appeal to conditions of approval and denial of two administrative variances. She entered the presentation, the contents of the case file and packet materials into the record. All notification and posting requirements have been met. The Board has jurisdiction to hear the case. The Board can reverse or change the decision of the Community Development Director as allowed by municipal code. The decisions on appeal are approval of a fence height variance with conditions to allow an eight foot high fence along portions of the western perimeter and denial of a fence height variance to allow an eight foot high fence on the eastern perimeter of the property. On May 13, 2015 the Community Development Director approved the fence height variance for the fence on the west perimeter with the condition that the eight foot high fence be allowed only where it abuts the eight foot fence on the property to the west. The Director denied the fence height variance on the eastern boundary of the subdivision as there are no unique circumstances and the adjacent lot to the east with its mature trees already provides buffering. In response to Board Member ABBOTT's questions, Ms. Reckert replied it is unknown how long the eight foot high fence has existed on the property to the west. It looks like it was originally six foot high but has been modified over time to make it higher. Board Member ABBOTT opined the fence looked dilapidated and inquired if there were any ordinances against dilapidated fences. It was not visible in the past but it is now eminently visible as the subject parcel is being prepared for development. Ms. Reckert replied that is a judgement call. Since it has not been visible to the public that may be the reason why there has not been any code enforcement action. Member BELL reiterated that the developer is proposing an eight foot high fence on the west side of the property and would remove existing fences from the adjacent properties. Ms. Reckert stated that is correct. The applicant will be able to build an eight foot high fence if the variance is granted. Board of Adjustment Minutes May 28, 2015 2 Member BELL stated the proposed fence would provide a more aesthetic appearance on the west side and could contribute to reducing traffic noise on the east side as the trees and vegetation is not sufficient to reduce the traffic noise. The fence would not be visible or adjacent to Wadsworth. She asked if the eight foot fence would continue on the diagonal portion of the north side of the property. Ms. Reckert stated the applicant views the ditch as an amenity for homeowners and is going to build a split rail fence along the northern boundary of the subdivision Member BELL asked if the applicant is proposing a split rail fence on the south and east side near Wadsworth. Ms. Reckert replied yes. Member PAGE inquired about the zoning for the property. Ms. Reckert stated the subdivision has been recently rezoned as a Planned Residential Development. Chair HOVLAND inquired about the report format. Ms. Reckert stated a staff report was prepared for the administrative variance and included in the packet as reference for the board. A memo was also included explaining the appeal by the applicant. Member ABBOTT asked why the trees to the east are considered in the equation when they may not continue to exist as the lot to the east that abuts Wadsworth Boulevard could possibly be a building site. Ms. Reckert stated there are concerns about access to Wadsworth for a potential building site at that location. The future is unknown for the property and the trees. Bill Fritz 10827 Bobcat Terrace; Littleton, CO Mr. Fritz stated the subdivision will be a unique, high quality subdivision with an urban feel. The proposed fence will provide continuity for the neighborhood and a serve as a noise barrier. Many of the adjacent neighbors are in favor of the proposed eight foot fence on the west and east sides of the subdivision. It will not be a public nuisance or create a site problem. Member ABBOTT stated he was pleased to see cottage homes coming to Wheat Ridge. He expressed his concern about the existing 8 foot fence to the west. A fence has to be engineered to be effective at sound attenuation. There is no evidence of that in the packet. He asked the applicant if they have looked into the engineering issues related to sound attenuation. Mr. Fritz stated the eight foot fence would provide some noise reduction. Board of Adjustment Minutes May 28, 2015 3 Member BANGHART asked the applicant if he would look into it now that he was aware of it for a better sound barrier. Mr. Fritz stated he can look into it but the project is over budget due to increased development costs. Member PAGE inquired about the lot sizes. Mr. Fritz replied from 32nd Avenue the lots are wider and narrower at about 65 feet wide and 80 feet deep. Around cul-de-sac the lots are 55 feet wide by 83 to 89 feet deep. Lots 13 and 14 are larger. Member PAGE inquired about the thin lot. Mr. Fritz stated a retention pond will be located on that lot. Member GRIFFETH asked how many projects the applicant has done similar to this in the past five years and within Wheat Ridge. Mr. Fritz replied this will be the first project of this size and first in Wheat Ridge. His partner has done projects in Cherry Hill and Castle Pines. Chair HOVLAND inquired about the appendage of land extending east over to Wadsworth. Mr. Fritz replied most of it is an easement for the water district. Staff suggested a neighborhood garden be allowed in this area. Member ABBOTT asked if the homes will be one story or two stories on the eastern side. Mr. Fritz replied both. Member ABBOTT stated an eight foot fence will not provide sounds screening for two story homes. Fritz stated the fence will provide noise abatement when the residents are outside. Triple pane windows will be installed to reduce noise on the interior of the homes. Pat Hott 3330 Yarrow St. Ms. Hott stated she is in favor of the eight foot fence for aesthetic reasons. Though it may not do away with the sound it will provide more privacy. It makes sense to match both sides of the subdivision. In response to Chair HOVLAND's inquiry, Ms. Hott stated her home is next to the Board of Adjustment Minutes May 28, 2015 4 home with the existing eight foot fence. She also said she would be removing the fence on her property. Mike Green 3300 Yarrow St. Mr. Green stated the current eight foot fence was there when he purchased the property. He is in favor of the proposed fence. Member GRIFFETH asked Mr. Green if he lived on the property. He stated he drove by the site and noticed light enters the subdivision on the south side. He asked if a twelve foot fence would be appropriate to block the light. Mr. Green replied he lives on the property and an eight foot fence is sufficient. Member ABBOTT reiterated that several of the neighbors indicated they would remove their fence and asked Mr. Green if he plans on removing his fence. Mr. Green stated the ground drops off on the inside of his fence. The developer has been bringing in dirt to level the area. He stated the proposed eight foot fence is a valuable asset to the subdivision and the adjacent homes. Pat Hott 3330 Yarrow St. Ms. Hott stated that her property and Mr. Green's property sit higher than the other adjacent properties. The fill dirt that the developer brought in has helped but she does not know how the two properties will end up after grading is complete. Member ABBOTT asked the applicant about the grade change. Mr. Fritz stated they have brought in dirt and will be bringing in more. The site will be level. Chair HOVLAND closed the public hearing. Member BANGHART stated she appreciated the input from the neighbors and the proposal is exceptional for the City. Member GRIFFETH stated that he intends on supporting the requests. Upon a motion by Member BELL and seconded by Member BANGHART, the following motion was stated: WHEREAS, application Case No. WA -15-01 (West) was eligible for administrative review and approved with conditions by an administrative officer; and Board of Adjustment Minutes May 28, 2015 WHEREAS, Board of Adjustment Case No. WA -15-01 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law and 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 NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15-01 be, and hereby is APPROVED TYPE OF VARIANCE: two foot fence height variance to allow an eight foot high fence on the west side of the property, the entire length of the perimeter FOR THE FOLLOWING REASONS: 1. The fence would provide for a consistent appearance on the west side of the subdivision and a sense of oneness from north to south without height changes in the structure. Member ABBOTT offered a friendly amendment. The homeowners on the western side are not in objection as a reason for approval. He thought it was important to formally recognize those specific people not just the general population. Member BELL accepted the friendly amendment and Member BANGHART seconded it. Motion approved 8-0 Upon a motion by Member BELL and seconded by Member GRIFFETH, the following motion was stated: WHEREAS, the application Case No. WA -15-01 (East) was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Case No. WA -15-01 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law and 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 Board of Adjustment Minutes May 28, 2015 6 NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15-01 be, and hereby is APPROVED TYPE OF VARIANCE: two foot fence height variance to allow an eight foot high fence on the east side of the subdivision FOR THE FOLLOWING REASONS: 1. It would provide a consistent appearance. 2. There were no objections by the property owners on the east. 3. It would help to mitigate or minimize the traffic noise coming off Wadsworth Boulevard. Member ABBOTT offered a fourth reason for approval. The fence is a visual advantage given the exposure to Wadsworth and the futures of the trees on the eastern lot are questionable. Member BELL accepted the friendly amendment and Member GRIFFETH seconded it. Member ABBOTT stated the past couple cases offered an opinion but no scientific evidence or engineering. There should be some legitimacy instead of just an opinion. He said he would vote in support of the eight foot fence on the east side. Motion approved 8-0. Mike Green Mr. Green stated staff and the Board has a difficult job. He appreciates what has been done tonight. He expressed his concerns about high density housing. Chair HOVLAND stated the role of the Board is to review each case individually. The Board cannot change the rules. 5. CLOSE PUBLIC HEARING 6. OLD BUSINESS A. Ms. Reckert stated she would like to schedule a study session on June 25 at 6:00 p.m. (the start time has been changed to 5:30). Member BRADFORD and PAGE and are unavailable to attend. Mr. Dahl stated the study session will serve as a training session to review procedures, concerns, how standards vary for appeals and interpretations and a discussion in an informal setting. 7. NEW BUSINESS A. Approval of Minutes — April 23, 2015 Board of Adjustment Minutes May 28, 2015 It was moved by Board Member ABBOTT and seconded by Board Member BELL to approve the minutes as written. The motion passed 7-0-1 with Member GRIFFETH abstaining. 8. ADJOURNMENT Chair HOVLAND adjourned the meeting at 8:38 p.m. Paul Hovland, Chair Kim Waggoner, Recording Secretary Board of Adjustment Minutes May 28, 2015 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT May 28, 2015 Case No. WA -15-01: An application filed by Bill Fritz requesting approval for a 2'fence height variance (33.33%) from the 6' maximum resulting in an 8' high privacy fence along the west side of Yukon Grove Subdivision backing to Ridgeview Estates Subdivision (lots 1-14 of the Yukon Grove Subdivision) and the east side of Yukon Grove (lots 15-20). (Please print) Na a Address In Favor/Opposed -I City of Wheat �R,,Ae COMMUNITY DEVELOPMENT Memorandum TO: Board of Adjustment FROM: Meredith Reckert, Senior Planner DATE: May 22, 2015 SUBJECT: Appeal of Administrative Decisions — Case No. WA-15-01/Yukon Grove JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. REQUEST: The applicant, Bill Fritz for Yukon Grove LLC, is requesting approval of an appeal to conditions of approval and denial of two administrative variances. The property in question is zoned Planned Residential Development (PRD) and is located at 7671 W. 32"d Avenue. The decisions on appeal are approval of a fence height variance with conditions to allow an 8' high fence along portions of the western perimeter and denial of a fence height variance to allow an 8' high fence on the eastern perimeter of the property. (Exhibit 1, Letter of appeal with applicant's justification) BACKGROUND: Exhibit 1 contains information about the history of the property, the proposed development and original variance request. (Exhibit 2, May 8 staff report) ADMINISTRATIVE VARIANCE PROCESS: Section 26-115.E (Variances/waivers/temporary permits/interpretations) of the Wheat Ridge City Code empowers the Community Development Director to hear and decide on variance requests up to 50% of a development standard without need for a public hearing if specific conditions can be met. a. The variance does not exceed fifty (50) percent of the minimum or maximum standard; and b. It is determined that a majority of the criteria as set forth in Section 26-115.C.4 hereof, are substantially complied with and support the request; and C. A 10 -day noticing and posting occurs and that no objections have been received during such 10 -day period. d. That no additional dwelling units would result from approval of such variance. e. That the variance would not allow an activity or development which is prohibited in the zoning and development code. A decision to deny a variance, or conditions of approval imposed on a variance by the Community Development Director may be appealed to the Board of Adjustment provided that a written appeal is submitted by the applicant within ten (10) days of the decision. ADMINISTRATIVE APPROVAL: Case No. WA -15-01 is a request for approval of a 2' fence height variance to the 6' maximum fence height to allow 8' high fences on property located at 7671 W. 32nd Avenue. The applicant is proposing an 8' high privacy fence to be constructed along the western and eastern perimeters of the property. On May 13, 2015, the Community Development Director approved the fence height variance for the fence on the west perimeter for the follow reasons. (Exhibit 3, Resolution of approval) 1. There are unique circumstances due to the property shape and physical surroundings of the property to the west. 2. The variance will not alter the character of the neighborhood. 3. The neighboring 8' fence could negatively impact the aesthetic of four of the western lots. With the following condition: 1. The 8' high fence be allowed only where it abuts the 8' high fence on the property to the west. The Community Development Director also denied a fence height variance on the eastern boundary of the subdivision for the following reasons: 1. There are no unique circumstances. 2. The adjacent lot to the east with its mature trees already provides buffering. The applicant does not agree on the limitations conditioning the variance approval, or the denial, and has submitted an appeal of those determinations to the Board of Adjustment. Additional justification for 8' fences along both the east and west has been provided by the developer. BOARD OF ADJUSTMENT DECISION: Based on the variance process and evaluation criteria contained in Section 26-115 of the Zoning and Development Code, staff has approved the variance for the west side of the property with conditions and has denied the variance on the east side of the property. The Board of Adjustment has the authority to reexamine the decision made on May 13 and make one of the following determinations regarding the fence height variance on the west: 1. Determine that the fence height variance should be granted consistent with Staff's action on May 13 (allow the fence height variance only adjacent to the 8' fence on property to the west); or, 2. Determine that the fence height variance should be allowed with other locational conditions; or, 3. Determine that the fence height variance should be allowed along the entire western perimeter; or, 4. Determine that the fence height variance should be denied. 2 The Board of Adjustment has the authority to reexamine the decision made on May 13 and make one of the following determinations regarding the fence height variance on the east: 1. Determine that the fence height variance should be allowed along the entire eastern perimeter; or, 2. Determine that the fence height variance should be allowed with other locational conditions; or, 3. Determine that the fence height variance be denied consistent with Staffs action on May 13. 3 WHEAT RIDGE BOARD OF ADJUSTMENT CERTIFICATE OF RESOLUTION (TEMPLATE) CASE NO: WA -15-01 APPLICANT NAME: Bill Fritz for Yukon Grove, LLC LOCATION OF REQUEST: 7671 W. 32nd Avenue '7rmmr— rne-aPP�T� -15-01 wa was denied permission by an administrative o cert; and WHEREA aryl of Adjustment Case"No. WA -15-01 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there (were /were no] protests registered against it; and WHEREAS the relief applied for [may /granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA - 15 -01 be, and hereby is, [APPROVED/DENIEDJ. TYPE OF VARIANCE: 2' fence height variance to allow an 8' high fence FOR THE FOLLOWING REASONS: 2. WITH THE FOLLOWING CONDITIONS: 1. Date: 5-15-2015 To: Community Development From: Bill Fritz/Yukon Grove Subject: Appeal of partial variance denial ( case g WA -15-01) Yukon Grove is requesting an appeal to the Board of Adjustment for a 2' fence height variance for the property at 7671 W. 32"d Ave, know as Yukon Grove. The initial request was partially approved. While this is important to the neighborhood, it also creates additional concerns and leaves the problem of road noise and quality of life unresolved. The design and development of Yukon Grove (from both the developer and Wheat Ridge Planning dept. working together) was to create an upscale neighborhood in a difficult location that will add value to the City, current neighbors and the new home owners. Key components of a well planned community are continuity, symmetry, homogeneity and quality of life. Having like kind but different height fences contiguous as well as across the street from one another and not eliminating road noise as much as possible, is counterproductive to achieving the best neighborhood possible. Regards BiI,ICfFritz X?7 (720) 290-3140 1 www. ienver, CO 80250 EXHIBIT 1 Request a variance for an 8 foot privacy fence. Yukon Grove development is located in what the City of Wheat Ridge calls a transition property. It is between busy streets (Wadsworth and 32n4 Ave), multifamily apartments (R-3 zoning) and R-2 residential properties. What Yukon Grove development and the Wheat Ridge Planning Dept. are trying to accomplish is to upgrade the status from a transition property to a new semi -custom 20 single family home enclave. This will be desirable for the City, the neighbors and for people who want to live in a new affordable upscale Wheat Ridge neighborhood. Yukon Grove has been designed to provide a 'cottage style urban living' with a beautiful street- scape (due to shared driveways and rear entry garages), neighborhood garden, surrounded by mature trees and 4 styles of homes with basements that can be uniquely personalized for each home owner. In short, Yukon Grove is striving to provide a high quality living environment in a somewhat difficult property location. Yukon Grove is requesting a variance in the height of the fence from 6 foot to 8 foot on both the west boundary and the east boundary of the property (split rail fence will be installed on property backing to open space and green belts -see plat map) for the following reasons: West side of Property: 1) Yukon Grove will be more desirable to potential new home owners if they feel that it is a well defined beautiful, homogeneous enclave and not viewing the neighbors' broken down fences. Thus, more value added to both the development and the new home owners. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness of Yukon Grove. Many of the neighbors voiced their opinion in the neighborhood meeting that they would like a fence higher than the standard 6 foot fence. 3) The neighbors backing to lots 10-14 (Pat Hott, Louise Rutherford, Frank Stites) were all contacted on 5-15-15 and all agreed an 8' fence is their preference. They also have a problem with having a shorter fence than that of a neighbor. It will also be undesirable to have''/, of the length of fence be 8' tall and then drop down to 6' when there is no change in the lot elevations. A neighbor in Ridgeview Estates (sides to Yukon Grove lot 6 and backs to lots 7,8,9) has a fence that is in bad repair and very much an eye sore and is over 8 foot tall. The neighbor has been contacted about removing his fence and taking advantage of our new fence, he however does not want his current fence removed. It will easily be seen by the home owners and visitors entering Yukon Grove from 32nd Ave. and very unattractive and undesirable for home owners and visitors. 4) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which is important to the developer, investors and important to the new home owners. (720) 290-3140 1 W" Denver, CO 80250 S) This particular infill property will benefit from having a higher fence to obscure unsightly neighbor fences. Also, many of the neighbors want the higher fence and want to take down their fences (old, broken down, chain link) and have the benefit of just our fence to improve their property. 6) This variance will not be detrimental to the neighbors nor the public in general. It will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. East side of Property: 1) Yukon Grove will be more desirable to potential new home owners if they feel that it is a well defined beautiful homogeneous enclave. Thus, more value added to both the development, the new home owners and Wheat Ridge. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness and make Yukon Grove more homogeneous since an 8 ft fence does exist by a neighbor directly across the street. 3) Noise from Wadsworth will be reduced making the homes more valuable and the home owners lives more enjoyable 4) The east side of the property is lined with trees. The trees aid in partially reducing the road noise. However, the noise will be even greater when Wadsworth is expanded and becomes 20' ft closer to Yukon Grove. Pat Hott mentioned she even wants the 8' fence on the east side to help with the road noise at her home. An 8' fence will help reduce the road noise without effecting supply of light or air any more than what the trees and scrubs are doing currently. The existing trees and scrubs provide a sight barrier from Wadsworth so the fence will not be noticed from outside Yukon Grove. 5) The 8' fence will keep Yukon Ct. symmetrical without causing a tunnel effect. The fence will not be noticed due to the taller trees and the tall trees are not causing a tunnel effect. Both the south and north sides or Yukon Ct will have a split rail fence providing openness and symmetry. 6) Yukon Grove LLC has started pre -sales and has placed lot premiums of $8000 to $12000 on the lots on the west side. Three homes have been sold and all on the west side. The buyers are opting to pay additional money not to be on the east side due to the noise factor even though the lots back to a treed area which should make them more desirable. 7) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which Is important to the developer, investors, Wheat Ridge and the new home owners. 8) This variance will not be detrimental to the neighbors nor the public in general. it will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. City Of Wh6;atP,,,,,-i:0de CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: May 8, 2015 CASE MANAGER: Meredith Reckert CASE NO. & NAME: WA-15-01/Yukon Grove ACTION REQUESTED: Approval of a 2' fence height variance to allow an 8' high fence LOCATION OF REQUEST: APPLICANT/OWNER: APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE ENTER INTO RECORD: 7671 W. 32"d Avenue Bill Fritz for Yukon Grove Development 3.48 acres Planned Residential Development Vacant (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Case No. WA-15-01/Fritz for Yukon Grove EXHIBIT 2 1 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to make a determination regarding this request. I. REQUEST The applicant is requesting approval of a variance to Section 26-603.A. of the zoning and development code to increase the allowable height of a fence from 6' to 8'. The purpose of the variance is to allow construction of a perimeter fence which provides additional buffering for a new residential subdivision. The Wheat Ridge Code of Laws allows 4' high fences from the front wall of a structure to the front property line. The code generally permits fences 6' in height from the front wall of structure along the sides to the rear property line. Any fence exceeding either of the height regulations requires a variance. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code allows that the Director of Community Development (Director) may grant administrative variances from the strict application of the zoning district development standards. Administrative variances are allowed for up to 50% of the development standard. II. CASE ANALYSIS Property description/history The subject property at 7671 W. 32"d Avenue is unusual in shape and is currently vacant. The property extends north from 32"d Avenue and then "dog -legs" to the east and extends further north with the northern property line angled and parallel to the Rocky Mountain Ditch. The southeast corner of the property includes a "pole" portion which extends east to Wadsworth and provides 60 feet of street frontage. (Exhibit 1, Aerial photo) The property in question was recently rezoned from Residential -Two (R-2) to Planned Residential Development (PRD) with the intent to develop the land into a new, small -lot single family community A Specific Development Plan (SDP) and plat were approved in December of 2014. The new development will consist of twenty single family homes on lots which vary in size from 3500 square feet to 6100 square feet. The lots feature shared driveways which reduces the amount of impervious surface in the development and an area to be utilized as community garden plots. Cottage style architecture will be used incorporating front porches, corbels and gables. A full -width public street ending in a cul-de-sac bulb will provide access to the new community. (Exhibit 2, SDP sheets) Adjacent zoning and land use Surrounding properties include a variety of land uses. To the west are parcels zoned R-2 including single and two-family homes. To the southeast at 32nd and Wadsworth are two Case No. WA -1 S-011Fritz for Yukon Grove 2 multi -family apartment complexes zoned Residential -Three (R-3). Immediately to the north, the property is bordered by the Rocky Mountain Ditch; across which there are additional properties zoned R-2 and R-3. A vacant, heavily -wooded parcel zoned R-2 abuts the property to the east. Finally, to the south across W. 32nd Avenue is Crown Hill Cemetery which is outside of the City of Wheat Ridge boundary and is part of unincorporated Jefferson County. (Exhibit 3, Aerial Photo) The applicant is requesting the variance to increase the height of a new perimeter privacy fence from 6' to 8' along the entire east and west subdivision boundaries (Exhibit 4, Site plan). The intent of the higher fence is to provide visual and noise buffering from adjacent properties and area conditions. The low density residential properties to the west have a mix of fence types and heights in various states of repair. While the majority of the abutting property owners are supportive of the new 6' privacy fence replacing their existing fences, the owner of 3300 Yarrow has requested his fence be left in place. The fence is 8' high and is dilapidated with braces and other materials used to hold it up. The developers are concerned about views from the back yards of at least four of the new lots where the existing 8' fence will be taller than the permitted 6' fence. (Exhibit S, photos of western boundary) The northeastern boundary of the subdivision abuts up to private property which is vacant. Addressed as 3333 Wadsworth, the parcel is one acre in size and has a variety of mature trees on it. Six lots in the new development would abut the 8' fence but would still be roughly 150' from the Wadsworth right-of-way. (Exhibit 6, photos of eastern boundary) Other perimeter fencing will be split rail. Public Notice Response During the 10 -day noticing period, no written comments were received in regard to the proposed fence height variance. III. VARIANCE CRITERIA Staff has the following criteria to evaluate variance requests and shall determine that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met (Exhibit 7, applicant letter). Staff provides the following review and analysis of the variance criteria. Where possible, Staff distinguishes between the eastern and western fences. 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 variance is not granted, a 6' fence could still be built providing a level of privacy in line with that allowed on other residential lots in the City. Case No. WA-15-01/Fritz for Yukon Grove 3 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 as there are fences in the neighborhood which vary in height and materials. While the proposed fence on the west will replace the abutting neighbors' fences and will provide a cohesive view along the western boundary, it could result in a "canyon" effect which is one of the primary reasons the city has a fence height maximum of 6'. The lots are small ranging in 3500 square feet in size to 6000 square feet and the 8' fence may make the backyards seem smaller if the taller fence is built. There is no solid fencing on the property to the east and while a higher fence might help buffer noise from Wadsworth, the vacant property provides separation and buffering already. Staff finds this criterion has not 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 will be developed into twenty new homes. Homes can still be built without a fence height variance. The eastern row of lots will abut up to vacant property with mature trees which in itself provide buffering. 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 topographical condition of the property does not create a unique hardship as the property is relatively flat. However, the shape of the subdivision does have some impact. The residence with the 8' fence is at a location where the property "dog legs" to the east and as such, will abut four of the new lots. There are no unique conditions on the property to the east. Staff finds this criterion has been met for the fence on the west subject to certain conditions. Staff concludes that the criterion has not been met for the fence on the east. Case No. WA-15-01/Fritz for Yukon Grove 4 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. For the western fence, the hardship has been created by the property owner at 3300 Yukon Court. There is no hardship relative to the eastern fence. Staff finds this criterion has been met for the fence on the west. Staff finds this criterion has not been met for the fence on the east. 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. Granting of the variance would not negatively impact street congestion, fire danger or the public safety. There could be negative consequences if the variance is not granted by potentially reducing salability and value of the new lots along the western subdivision boundary. An 8' fence could have a negative impact on the amount of light and air to the new homes and the homes to the west. Staff finds this criterion has been met for the fence on the west where it abuts the adjacent 8' high fence. The criterion has not been met by the fence on the east. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are unique conditions for the western row of lots due to the jog in the subdivision boundary which gives exposure to the house with the dilapidated 8' fence from two sides. There are no unique conditions on the eastern boundary of the subdivision. Staff finds this criterion has been met for the fence on the west. Staff concludes this criterion has not been met for the fence on the east. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Accessibility requirements are not applicable to this situation. Staff finds this criterion is not applicable. Case No. WA-15-01/Fritz for Yukon Grove 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to fencing. Staff finds this criterion is not applicable. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application for the variance for the western fence abutting the adjoining 8' fence is in compliance with the majority of the applicable review criteria, staff recommends approval of the 2' fence height variance along the western property subdivision boundary. However, Staff has found that the criteria do not support the fence height variance on the eastern boundary. Because there are unique conditions which could negatively impact the developability of lots on the western side of the subdivision, a recommendation of APPROVAL is given for the following reasons: 1. There are unique circumstances due to the property shape and physical surroundings of the property to the west. 2. The variance will not alter the character of the neighborhood. 3. The neighboring 8' fence could negatively impact the aesthetic of four of the western lots. With the following condition: 1. The 8' high fence be allowed only where it abuts the 8' high fence on the property to the west. Staff recommends DENIAL of the fence height variance on the eastern boundary of the subdivision for the following reasons: 1. There are no unique circumstances. 2. The adjacent lot to the east with its mature trees already provides buffering. Case No. WA-15-01/Fritz for Yukon Grove 6 Exhibit 1 —aerial photo t site Property with 8' high fence Case No. WA-15-01/Fritz.%or Yukon Grove Exhibit 2 — SDP sheets YUKON GROVE RESIDENTIAL DEVELOPMENT OUTLINE DEVELOPMENT PLAN NW 1, OF SECTION 26, T.3S . R 69W., OF THE 6T PW CITY OF WHEAT RIDGE. COUNTY OF JEFFERSON, STATE OF COLORADO R^ -- 4T�' r�, 1: 5.1 N Sr- ODF Case No. WA-15-01/Fritz for Yukon Grove 8 Case No. WA-15-01/Fritz for Yukon Grove Exhibit 3 - Zoning Map Case No. WA-15-01/Fritz for Yukon Grove 10 t it 4 — Site Plan �J.ihM�N/•�� I I w. u.-.�r. I-.�-`* r .��•.1 J r �I; .�w I 3•Wa0 AO71M I!"i, J4 I'LJU AAA iii+ r � 1IjII IFI --L I�1 _1 1 LLI2L LI1 .1! � IL o ,. gzm� �ji� Vit; I� --- �-. =�-�- r I — _ r_----- --- I T it l O Z �' € _ -.--. -. © 1 Z2 ��[�1 t- G• LFI p i P ! 1.. fill • ° 1� i!� I j- ----- 11...1 Case No. WA-15-01/Fritz for Yukon Grove I Exhibit 5 — Views to the west 1' 1o,I " "'94" W hel e 0/1,ccve2 I(e/IrCt C-Gn S7ii'UG/ 1G/l Case No. WA-15-01/Fritz for Yukon Grove 41 I 9 Exhibit 6 — Views to the east FO St d7 t Yulr;p, GQcve- fence well /94 o%f) ir/,, nfeoTp-/r/e /-"m - g' �cjcc well not OAST, i,C-t v,ews blit w,I! hel A'd,(e /Joisc Levi �c•+'� Wods+�a� fh Case No. WA-15-01/Fritz for Yukon Grove 14 Exhibit 7 — Applicant letter Request a variance for an 8 foot privacy fence. Yukon Grove development is located in what the City of Wheat Ridge calls a transition property. It is between busy st.-eets (Wadsworth and 32"Q Ave), multifamily apartments IR -3 zoning) and R-2 residential properties. What Yukon Grove development is trying to accomplish is to upgrade the status from a transition property to a new semi -custom 20 single tamily home enclave. This wil! be desirable for the City, the neighbors and for people who want to live in a new affordable upscale Wheat Ridge neighbornood. Yukon Grove has been designed to provide a 'cottage style urban living' with a beautiful street- scape (due to shared driveways and rear entry garages), neighborhood garden, surrounded by mature trees and 4 styles of homes with basements that can be uniquely personalized for each home owner. In short, Yukon Grove is striving to provide a hign quality living environment in a somewhat difficult property location. Yukon Grove is requesting a variance in the height of the fence from 6 foot to 8 foot for the following reasons; 11 Yukon Grove will be more desirable to potent al new home owners if they feel that it is a well defined beautiful enclave and not viewing the neighbe-s' broken down fences Thus, more value added to both the development and the new home owners. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness of Yukon Grove. Many of the neighbors voiced their opinion in the neighborhood meeting that they would like a fence higher than the standard 5 foot fence. A neighbor in Ridgeview Estates (sides to Yukon Grove lot 6 and backs to lots 7,8,9) has a fence that is in bad reoair and very much an eye sore and is over 8 foot tall. The neighbor has been contacted about removing his fence and taking advantage of our new fence, he however does not want his current fence removed. It will easily be seen by the home owners and visitors entering Yukon Grove from 32i° Ave and very unattractive and undesiraole for home owners and visitors_ 3) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which Is important to the developer, investors and important to the new home owners. 4) This particular infi!I property wi!I benefit from having a higher fence to obscure unsightly neighbor fences and also offer more of a sound barrier from Wadsworth. 51 This variance will not be detrimental to the neighbors nor the public in general. It will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. Case No. WA-15-01/Fritz for Yukon Grove 15 City of Wheat jgie COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Wheat : Ridge, CO 80033-8001 P g 303.235.2846 F: 303.235.2857 Approval of Variance WHEREAS, an application for a Variance was submitted for the property located at 7671 W. 32nd Avenue referenced as Case No. WA -15-01 /Yukon Grove; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Sections 26- 115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has provided notified and posting 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 2' fence height variance is granted for the property located at 7671 W. 32 Avenue based on the following findings of fact: 1. There are unique circumstances due to the property shape and physical surroundings of the property to the west. 2. The variance will not alter the character of the neighborhood. 3. The neighboring 8' fence could negatively impact the aesthetic of four of the western lots. With the following condition: 1. The 8' high fence be allowed only where it abuts the 8' high fence on the property to the west. Staff recommends DENIAL of the fence height variance on the eastern boundary of the subdivision for the following reasons: 1. There are no unique circumstances. 2. The adjacent lot to the east withits mature trees already provides buffering. opment Director EXHIBIT 3 City of Wh6atPLdge POSTING CERTIFICATION CASE NO. bG,4 - iY _0 PLANNING COMMISSION / CITY COUNCIL//BOARD OF ADJUSTMENT ( ircle One) HEARING DATE: _S _,2 *'- / -5- 1. 1. /;�` z �Kn a m e) residing at (address) as the applicant for Case No.11tll� - /S -0/ , hereby certify that I have posted the Notice of Public Hearing at 76/ / (,r/ -7a=� d (location) on this / 4 qday of ��� , 20_x, and do hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: =� NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's case file at the Community Development Department. MAP Request a variance for an 8 foot privacy fence. Yukon Grove development is located in what the City of Wheat Ridge calls a transition property. It is between busy streets (Wadsworth and 32nd Ave), multifamily apartments (R-3 zoning) and R-2 residential properties. What Yukon Grove development and the Wheat Ridge Planning Dept. are trying to accomplish is to upgrade the status from a transition property to a new semi -custom 20 single family home enclave. This will be desirable for the City, the neighbors and for people who want to live in a new affordable upscale Wheat Ridge neighborhood. Yukon Grove has been designed to provide a 'cottage style urban living' with a beautiful street- scape (due to shared driveways and rear entry garages), neighborhood garden, surrounded by mature trees and 4 styles of homes with basements that can be uniquely personalized for each home owner. In short, Yukon Grove is striving to provide a high quality living environment in a somewhat difficult property location. Yukon Grove is requesting a variance in the height of the fence from 6 foot to 8 foot on both the west boundary and the east boundary of the property (split rail fence will be installed on property backing to open space and green belts -see plat map) for the following reasons: West side of Property: 1) Yukon Grove will be more desirable to potential new home owners if they feel that it is a well defined beautiful, homogeneous enclave and not viewing the neighbors' broken down fences. Thus, more value added to both the development and the new home owners. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness of Yukon Grove. Many of the neighbors voiced their opinion in the neighborhood meeting that they would like a fence higher than the standard 6 foot fence. 3) The neighbors backing to lots 10-14 (Pat Hott, Louise Rutherford, Frank Stites) were all contacted on 5-15-15 and all agreed an 8' fence is their preference. They also have a problem with having a shorter fence than that of a neighbor. It will also be undesirable to have''/. of the length of fence be 8' tall and then drop down to 6' when there is no change in the lot elevations. A neighbor in Ridgeview Estates (sides to Yukon Grove lot 6 and backs to lots 7,8,9) has a fence that is in bad repair and very much an eye sore and is over 8 foot tall. The neighbor has been contacted about removing his fence and taking advantage of our new fence, he however does not want his current fence removed. It will easily be seen by the home owners and visitors entering Yukon Grove from 32nd Ave. and very unattractive and undesirable for home owners and visitors. 4) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which is important to the developer, investors and important to the new home owners. (720) 290-3140 1 wwv� EXHIBIT 4 Denver, CO 80250 5) This particular infill property will benefit from having a higher fence to obscure unsightly neighbor fences. Also, many of the neighbors want the higher fence and want to take down their fences (old, broken down, chain link) and have the benefit of just our fence to improve their property. 6) This variance will not be detrimental to the neighbors nor the public in general. It will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. East side of Property: 1) Yukon Grove will be more desirable to potential new home owners if they feel that it is a well defined beautiful homogeneous enclave. Thus, more value added to both the development, the new home owners and Wheat Ridge. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness and make Yukon Grove more homogeneous since an 8 ft fence does exist by a neighbor directly across the street. 3) Noise from Wadsworth will be reduced making the homes more valuable and the home owners lives more enjoyable 4) The east side of the property is lined with trees. The trees aid in partially reducing the road noise. However, the noise will be even greater when Wadsworth is expanded and becomes 20' ft closer to Yukon Grove. Pat Hott mentioned she even wants the 8' fence on the east side to help with the road noise at her home. An 8' fence will help reduce the road noise without effecting supply of light or air any more than what the trees and scrubs are doing currently. The existing trees and scrubs provide a sight barrier from Wadsworth so the fence will not be noticed from outside Yukon Grove. 5) The 8' fence will keep Yukon Ct. symmetrical without causing a tunnel effect. The fence will not be noticed due to the taller trees and the tall trees are not causing a tunnel effect. Both the south and north sides or Yukon Ct will have a split rail fence providing openness and symmetry. 6) Yukon Grove LLC has started pre -sales and has placed lot premiums of $8000 to $12000 on the lots on the west side. Three homes have been sold and all on the west side. The buyers are opting to pay additional money not to be on the east side due to the noise factor even though the lots back to a treed area which should make them more desirable. 7) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which is important to the developer, investors, Wheat Ridge and the new home owners. 8) This variance will not be detrimental to the neighbors nor the public in general. It will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. Date: 5-15-2015 To: Community Development From: Bill Fritz/Yukon Grove Subject: Appeal of partial variance denial ( case # WA -15-01) Yukon Grove is requesting an appeal to the Board of Adjustment for a 2' fence height variance for the property at 7671 W. 32nd Ave, know as Yukon Grove. The initial request was partially approved. While this is important to the neighborhood, it also creates additional concerns and leaves the problem of road noise and quality of life unresolved. The design and development of Yukon Grove (from both the developer and Wheat Ridge Planning dept. working together) was to create an upscale neighborhood in a difficult location that will add value to the City, current neighbors and the new home owners. Key components of a well planned community are continuity, symmetry, homogeneity and quality of life. Having like kind but different height fences contiguous as well as across the street from one another and not eliminating road noise as much as possible, is counterproductive to achieving the best neighborhood possible. ReOltz s �- Bill (720) 290-3140 1 www. Denver, CO 80250 EXHIBIT 1 City of �1VheatI�idge COA�MUNITI' DEVELOPMFt��T City of Wheat Ridge Municipal Building 7500 W. 291h Ave. May 13, 2015 Mr. Bill Fritz 10827 Bobcat Terrace Littleton, CO 80124 Dear Mr. Fritz: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Enclosed please find a copy of the Approval of Variance and the staff report. All variance approvals automatically expire within 180 days of the approval date unless a building permit for the variance is obtained within such period of time. The expiration date for this variance approval is November 9, 2015. A decision by the Community Development Director to deny an administrative variance or any conditions of approval imposed by the Community Development Directory may be appealed to the Board of Adjustment and shall follow procedures in accordance with section 2-61 of the municipal code. A written appeal shall be submitted by the applicant to the Community Development department within ten (10) days of such administrative decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, W, �kvA— Kim Waggoner Administrative Assistant Enclosure: Approval of Variance and Staff Report Cc: WA -15-01 (case file) WA 1501.doc www.ci.wheatridge.co.0 s City of ,( Wheat R MUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Approval of Variance WHEREAS, an application for a Variance was submitted for the property located at 7671 W. 32nd Avenue referenced as Case No. WA-15-01/Yukon Grove; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Sections 26- 1 l 5 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has provided notified and posting 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 2' fence height variance is granted for the property located at 7671 W. 32"d Avenue based on the following findings of fact: 1. There are unique circumstances due to the property shape and physical surroundings of the property to the west. 2. The variance will not alter the character of the neighborhood. 3. The neighboring 8' fence could negatively impact the aesthetic of four of the western lots. With the following condition: 1. The 8' high fence be allowed only where it abuts the 8' high fence on the property to the west. Staff recommends DENIAL of the fence height variance on the eastern boundary of the subdivision for the following reasons: 1. There are no unique circumstances. 2. The adjacent lot to the east with its mature trees already provides buffering. De�,eloument Director www.ci.wheatridge.co.us F City of Wh6atfkiAc POSTING CERTIFICATION CASE NO. WA-15-01/Yukon Grove DEADLINE FOR WRITTEN COMMENTS: Ar*16,2015 1, balliz (n m e) residing at (address) ' as the applicant for Case No. hereby certify that 1 have posted the sign for Public Notice at /�// yj/, �� "� �-12 {location) on this o77 day of / //I�QGi� —,20 �, and do hereby certify that said sign has been posted and remained in place for ten (10) days prior to and including the deadline for written comments regarding this case. The sign was posted in the position shown on the map below. Signature: NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP CRY Of W heat f �Jdgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WA -15-01 Date of Board Of Adjustment hearing: May 28, 2015 I Kim Waggoner, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 45letters on May 13, 2015 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: Date: q t3 l 15- 14, - - City of Wheat jdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29i° 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) May 13, 2015 Dear Property Owner: This is to inform you of Case No. WA -15-01, an appeal of conditions of an administrative variance for a two foot fence height variance to the maximum fence height of six feet to allow an eight foot high fence along the east and west boundaries of property known as Yukon Grove Subdivision. Said property is zoned Planned Residential Development (PRD), is located at 7671 W. 32nd Avenue. 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 Adjustment May 28, 2015 n 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 1501.doc Site Map An appeal of conditions of an administrative variance for a two foot fence height variance to the maximum fence height of six feet to allow an eight foot high fence along the east and west boundaries of property known as Yukon Grove Subdivision. Said property is zoned Planned Residential Development (PRD), is located at 7671 W. 32"d Avenue. The location of the proposed 8' high privacy fence is indicated by the green lines shown below. T BARNARD MAPLE ANNETTE RUTHERFORD LOUISE M HOPPA A W 7500 W 33RD AVE 3350 YARROW ST POWER CAROLYN S WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 4030 S WILLOW WAY DENVER CO 80237 SERFOZO EDWARD A SERFOZO DONNA L 3363 YARROW CT WHEAT RIDGE CO 80033 SCI COLO FUNERAL SERVICES INC % SCI MGMT CORP PROP TAX DEPT 8TH FLOOR PO BOX 130548 HOUSTON TX 77019 SMITH CYNTHIA J 3342 YARROW CT WHEAT RIDGE CO 80033 MARKLEY CHRIS J 5040 ASPEN DR LITTLETON CO 80123 SCI COLO FUNERAL SERVICES INC 7777 W 29TH AVE WHEAT RIDGE CO 80033 JEFFCO HOUSING CORPORATION 7490 W 45TH AVE WHEATRIDGE CO 80033 3280 WADSWORTH BLVD JOINT VENTURE 215 UNION BLVD 215 LAKEWOOD CO 80228 PUBLIC SERVICE COMPANY OF COLORADO PO BOX 840 DENVER CO 80201 LORRAINE J LOEFFLER TRUST 3260 YARROW ST WHEAT RIDGE CO 80033 SANDERS MARK T SANDERS ANN MARI 7464 QUARTZ ST ARVADA CO 80007 MOGANNAM BETTY LOU 4530 CABRILLO ST SAN FRANCISCO CA 94121 3280 WADSWORTH JOINT VENTURE 215 UNION BLVD 215 LAKEWOOD CO 80228 FLETCHER CARLA L 7580 W 33RD AVE WHEAT RIDGE CO 80033 CAMPBELL ELDON H 3415 WADSWORTH BLVD WHEAT RIDGE CO 80033 HILLSIDE CONDOMINIUMS AUGUST JOHN C HOMEOWNERS ASSN AUGUST BETTY L % HILLSIDE APARTMENTS LIMITED SANELLI CHERYL ANN PARTNERSHIP7710 W 35TH AVE 4403 XAVIER ST WHEAT RIDGE CO 80033 DENVER CO 80212 PERKINS DIANA DEANE ILENE 7807 W 33RD AVE 3332 YARROW CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 EDWARD A SERFOZO TRUST UA THE DONNA L SERFOZO TRUST UA THE 3363 YARROW CT WHEAT RIDGE CO 80033 ADCOCK DAVID R ADCOCK CAROLYN C 3331 YARROW ST WHEAT RIDGE CO 80033 GANTENBEIN KEITH A JR 3400 WADSWORTH BLVD WHEAT RIDGE CO 80033 OAK HILL APARTMENTS V LLC 17560 S GOLDEN RD 200 GOLDEN CO 80401 SCHIMMING RICHARD SCHIMMING IRENA SCHIMMING WALDEMAR 11895 W 35TH AVE WHEAT RIDGE CO 80033 FUSCHINO GARY FUSCHINO OFELIA L 3362 YARROW CT WHEAT RIDGE CO 80033 7710 LLC PO BOX 764 ARVADA CO 80001 JEFFERSON COUNTY 100 JEFFERSON COUNTY PKWY GOLDEN CO 80419 JANICE M DEIBERT TRUST 3280 YARROW ST WHEAT RIDGE CO 80033 STITES FRANK GREENE CAROL J JOALTA GROUP LTD 3354 ZEPHYR CT 3310 YARROW ST 3200 WADSWORTH BLVD WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 BOISE FAMILY LLC 3433 WADSWORTH BLVD WHEAT RIDGE CO 80033 DEANE ILENE 3332 YARROW CT WHEAT RIDGE CO 80033 RASCON JULIAN JANE RASCON JOANN 7846 W 33RD AVE WHEAT RIDGE CO 80033 SCHWINDT DONALD 3402 WADSWORTH BLVD WHEAT RIDGE CO 80033 COOK LAWRENCE G COOK VIVIAN A 26442 S SEDONA DR SUN LAKES AZ 85248 NICHOLLS DANIELLE K KOROSEC JOSHUA D 3352 YARROW CT WHEAT RIDGE CO 80033 LEVEL 5 VENTURES LLC 2655 W MIDWAY BLVD 235 BROOMFIELD CO 80033 CARGO 7649 PROPERTIES LLC 13495 BRAUN RD GOLDEN CO 80401 HOTT PATRICIA A 3330 YARROW ST WHEAT RIDGE CO 80033 RAMJIANI KISHORE J EDWARD A SERFOZO TRUST ANGEL SEAN C 9948 W JEWELL AVE C DONNA L SERFOZO TRUST 7575 W 33RD AVE LAKEWOOD CO 80232 3363 YARROW CT WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 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 -l5-01, An application filed by Bill Fritz for an appeal of conditions of an administrative variance for a two foot fence height variance to the maximum fence height of six feet to allow an eight foot high fence along the east and west boundaries of property known as Yukon Grove Subdivision. Said property is zoned Planned Residential Development (PRD), is located at 7671 W. 32"d Avenue. The hearing will be held in the City Council Chambers, Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado, on May 28, 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, May 14, 2015 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 May 28, 2015, at 7:00 p.m. in the Council Chambers of the Municipal Building at 7500 West 29"' 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 -15-01: An application filed by Bill Fritz for an appeal of conditions of an administrative variance for a two foot fence height variance to the maximum fence height of six feet to allow an eight foot high fence along the east and west boundaries of property known as Yukon Grove Subdivision. Said property is zoned Planned Residential Development (PRD), is located at 7671 W. 32nd Avenue and is legally described as follows: Lots 1 — 20 of Yukon Grove Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. .Kw\ � .wmu- - K.im Waggonea, Arl mitiitratfvt Aiiistint AtlMMYlgbd _ .r7iWF7]gtLS�iy� mak "o"° _ Iw1�V.�•�p. 3A060 No)4nA "�°" noo w .n.r m a nee +w lame VJ eOeDCi nw.�r, ao' LL LLA moZ / Di LL 1 ,8,; 'Oil . it i t ; : I I II' I O; tllli(} fSl y i i f ' q 1 i I I 1 ��y1i ld u'-; �1 OFF it lip H Z O O --,— 11. �'� Yoh o d OZ R u. s r r W g W Q R ,,a- LU f— Z -� 6 _j QX. 9W m u- Ga �e 6P— $ T Z Q - Ui i 9 > �f,w�o &g W Qw _ W UIL- 68 -- 000WW �0 0 �� -" LL LLA moZ / Di I. s i t 5 x7� 11RIs a 111911111 R g D e1R tri iJE E LL 1 ,8,; 'Oil . it i t ; : I O; tllli(} fSl y i i f ' q 1 i I I 1 ��y1i ld I. s i t 5 x7� 11RIs a 111911111 R g D e1R tri iJE E i t i i R 6 } -.---: 2r(� ....on,a....�-. .,.....�....n-,c.c,.�...�o .....moi •r..+.o Request a variance for an 8 foot privacy fence. Yukon Grove development is located in what the City of Wheat Ridge calls a transition property. It is between busy streets (Wadsworth and 32"° Ave), multifamily apartments (R-3 zoning) and R-2 residential properties. What Yukon Grove development is trying to accomplish is to upgrade the status from a transition property to a new semi -custom 20 single family home enclave. This will be desirable for the City, the neighbors and for people who want to live in a new affordable upscale Wheat Ridge neighborhood. Yukon Grove has been designed to provide a 'cottage style urban living' with a beautiful street- scape (due to shared driveways and rear entry garages), neighborhood garden, surrounded by mature trees and 4 styles of homes with basements that can be uniquely personalized for each home owner. In short, Yukon Grove is striving to provide a high quality living environment in a somewhat difficult property location. Yukon Grove is requesting a variance in the height of the fence from 6 foot to 8 foot on both the west boundary and the east boundary of the property (split rail fence will be installed on property backing to open space and green belts -see plat map) for the following reasons: West side of Property: 1) Yukon Grove will be more desirable to potential new home owners if they feel that it is a well defined beautiful enclave and not viewing the neighbors' broken down fences. Thus, more value added to both the development and the new home owners. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness of Yukon Grove. Many of the neighbors voiced their opinion in the neighborhood meeting that they would like a fence higher than the standard 6 foot fence. A neighbor in Ridgeview Estates (sides to Yukon Grove lot 6 and backs to lots 7,8,9) has a fence that is in bad repair and very much an eye sore and is over 8 foot tall. The neighbor has been contacted about removing his fence and taking advantage of our new fence, he however does not want his current fence removed. It will easily be seen by the home owners and visitors entering Yukon Grove from 32"d Ave. and very unattractive and undesirable for home owners and visitors. 3) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which is important to the developer, investors and important to the new home owners. 4) This particular infill property will benefit from having a higher fence to obscure unsightly neighbor fences. Also, many of the neighbors want the higher fence and want to take down their fences (old, broken down, chain link) and have the benefit of just our fence to improve their property. (720) 290-3140 1 www.yukongrove.com I P.O. Box 102563 Denver, CO 80250 5) This variance will not be detrimental to the neighbors nor the public in general. It will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. East side of Property: 1) Yukon Grove will be more desirable to potential new home owners if they feel that it is a well defined beautiful homogeneous enclave. Thus, more value added to both the development, the new home owners and Wheat Ridge. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness and make Yukon Grove more homogeneous since an 8 ft fence does exist by a neighbor directly across the street. 3) Noise from Wadsworth will be reduced making the homes more valuable and the home owners lives more enjoyable 4) Yukon Grove LLC has started pre -sales and has placed lot premiums of $8000 to $12000 on the lots on the west side. Three homes have been sold and all on the west side. The buyers are opting to pay additional money not to be on the east side due to the noise factor even though the lots back to an open space which should make them more desirable. 5) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which is important to the developer, investors, Wheat Ridge and the new home owners. 6) This variance will not be detrimental to the neighbors nor the public in general. It will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. Request a variance for an 8 foot privacy fence. Yukon Grove development is located in what the City of Wheat Ridge calls a transition property. It is between busy streets (Wadsworth and 32"d Ave), multifamily apartments (R-3 zoning) and R-2 residential properties. What Yukon Grove development is trying to accomplish is to upgrade the status from a transition property to a new semi -custom 20 single family home enclave. This will be desirable for the City, the neighbors and for people who want to live in a new affordable upscale Wheat Ridge neighborhood. Yukon Grove has been designed to provide a 'cottage style urban living' with a beautiful street- scape (due to shared driveways and rear entry garages), neighborhood garden, surrounded by mature trees and 4 styles of homes with basements that can be uniquely personalized for each home owner. In short, Yukon Grove is striving to provide a high quality living environment in a somewhat difficult property location. Yukon Grove is requesting a variance in the height of the fence from 6 foot to 8 foot for the following reasons; 1) Yukon Grove will be more desirable to potential new home owners if they feel that it is a well defined beautiful enclave and not viewing the neighbors' broken down fences. Thus, more value added to both the development and the new home owners. 2) The fence would not alter the essential character of the locality but will enhance the uniqueness of Yukon Grove. Many of the neighbors voiced their opinion in the neighborhood meeting that they would like a fence higher than the standard 6 foot fence. A neighbor in Ridgeview Estates (sides to Yukon Grove lot 6 and backs to lots 7,8,9) has a fence that is in bad repair and very much an eye sore and is over 8 foot tall. The neighbor has been contacted about removing his fence and taking advantage of our new fence, he however does not want his current fence removed. It will easily be seen by the home owners and visitors entering Yukon Grove from 32"d Ave. and very unattractive and undesirable for home owners and visitors. 3) Yukon Grove LLC has committed to over 2 million dollars thus far for land purchase, zoning and platting and development. This variance will help the overall value of Yukon Grove which is important to the developer, investors and important to the new home owners. 4) This particular infill property will benefit from having a higher fence to obscure unsightly neighbor fences and also offer more of a sound barrier from Wadsworth. 5) This variance will not be detrimental to the neighbors nor the public in general. It will not impair any neighbors (they are in favor of a higher fence) nor have any adverse effect on public safety, neighborhood values or development of adjacent property. (720) 290-3140 1 www.yukongrove.com I P.O. Box 102563 Denver, CO 80250 � 44 , 40 Aff"17 FA if Sz� AAL. J"h: �.. i {, �'� is '�. ,,1r "yrf '��� yl'4:'✓Q.p ��t' � i" I 'V t a y3 [y City of'. What Image LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WA -15-01 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 April 6, 2015. I Kim Waggoner, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 13 letters on March 27, 2015 to the attached recipient list. I Signature: Date: ��� �e City of W heat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE March 27, 2015 Dear Property Owner: This is to inform you of Case No. WA -15-01, a request for a 2' fence height variance (33.33%) from the 6' maximum resulting in an 8' high privacy fence along the west side of Yukon Grove subdivision backing to Ridgeview Estates subdivision (lots 1-14 of the Yukon Grove Subdivision) and east side of Yukon Grove subdivision (lots 15-20) for property located at 7671 W. 32nd Avenue. 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 adjacent 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 April 6, 2015. Thank you. WA1501.doc www.d.wheatridge.co.us Site Plan A request for a 2' fence height variance (33.33%) from the 6' maximum resulting in an 8' high privacy fence along the west side of Yukon Grove subdivision backing to Ridgeview Estates subdivision (lots 1-14 of the Yukon Grove Subdivision) and east side of Yukon Grove subdivision (lots 15-20) for property located at 7671 W. 32"d Avenue. The location of the proposed 8' high privacy fence is indicated by the green lines shown below. N SCHIMMING RICHARD SCHIMMING IRENA SCHIMMING WALDEMAR 11895 W 35TH AVE WHEAT RIDGE CO 80033 LORRAINE J LOEFFLER TRUST 3260 YARROW ST WHEAT RIDGE CO 80033 JANICE M DEIBERT TRUST GREENE MICHAEL W HOTT PATRICIA A 3280 YARROW ST GREENE LANA L 3330 YARROW ST WHEAT RIDGE CO 80033 3300 YARROW ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 RUTHERFORD LOUISE M 3350 YARROW ST WHEAT RIDGE CO 80033 BOISE FAMILY LLC 3433 WADSWORTH BLVD WHEAT RIDGE CO 80033 HOPPA A W POWER CAROLYN S 4030 S WILLOW WAY DENVER CO 80237 STITES FRANK 3354 ZEPHYR CT WHEAT RIDGE CO 80033 COOPER ROSALIND 3415 WADSWORTH BLVD WHEAT RIDGE CO 80033 JEFFCO HOUSING CORPORATION 7490 W 45TH AVE WHEAT RIDGE CO 80033 OAK HILL APARTMENTS VI LLC 17560 S GOLDEN RD 200 GOLDEN CO 80401 SANDERS MARK T SANDERS ANN MARIE 7464 QUARTZ ST ARVADA CO 80007 15 5 j5 15 35 .5 15 )5 0774C, i'17CIC18 C144c.45 1;48 UvJIL r -I 03362 03361 03352 03341 03342 CF3302 03331 03302 07607 J O -- co O f. 03241 2401 = < 133201 1 Cv cry 07 649 32ND AIVE Wit- is- 01 03404 03402 0133 06398 CTII COMMISSIONER'S DEED THIS COMMISSIONER'S DEED, made this day of January, 2015, is between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate, duly organized and existing under and by virtue of the laws of the State of Colorado (the "County") and YUKON GROVE, LLC, a Colorado limited liability company ("Grantee"), whose legal address is 10827 Bobcat Terrace, Littleton, Colorado 80124. WITNESSETH, that the County, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveycd, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, the real property (the "Property') in the County of Jefferson, State of Colorado, described in Exhibit 1 attached hereto, subject only to the Permitted Exceptions described in Exhibit 2 attached hereto. TOGETHER with all and singular the hereditaments and appurtenances thereto 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 County, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in any way thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of said County, either in law or equity subject to the matters set forth on Exhibit 2. [Signature Page Follows] IN WITN�j the County has executed this deed. ATTEST: alo: = COUNTY OF JEFFERSON (Seal) �~ ; "g' = STATE OF COLORADO i By: By: Deputy Clerk and Recorder Casey Tighe, CVirmatiPro-Tem Board of County Commissioners STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 5�),-3- day of January, 2015, by Casey Tighe as Chairman Pro -Tem of the Jefferson County Board of County Commis io ers. n v -If , (_Oj(c '. Notary Public LET nT O LAMPRECNT NOTAR My Commission expires: WITNESS my hand and official seal. APPROVED AS TO FORM: Y PUBLIC STATE OF COLORADO i1 1990♦03575 LMNOTARYNIO COMMISSIOE7(PIRES APRIL 13, 201 Kourtney Hartm Assistant County Attorney Y PUBLIC STATE OF COLORADO i1 1990♦03575 LMNOTARYNIO COMMISSIOE7(PIRES APRIL 13, 201 EXHIBIT 1 LEGAL DESCRIPTION OF THE PROPERTY A parcel of land located in the Northwest Quarter of Section 26, Township 3 South, Range 69 West, of the 6,^ Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado and being more particularly described as follows: Commencing at the center quarter corner of said Section 26, thence S89°45'02"W, 423.03 feet along the Southerly line of said Northwest quarter of Section 26; thence departing said section line N00°14'58"W, 25.00 feet to the Northerly right-of-way line of 32ndAvenue, and the point of beginning; thence along said Northerly right-of-way line S89045'02"W, 111.41 feet to a point on the Easterly line of Ridgeview Estates Subdivision; thence departing said Northerly right-of-way line and along the Easterly line of said Ridgeview Estates Subdivision the following three (3) courses: 1) N00'1 9'27"W, 370.00 feet; 2) thence N89°45'02"E, 106.41 feet; 3) thence N0001 9'27"W, 469.71 feet; thence departing said Easterly line along the Southerly line of the South branch of the Rocky Mountain Ditch S53°44'06"E, 285.21 feet; thence S00019'27"E, 300.00 feet; thence N89°45'02"E, 184.00 feet to the Westerly right-of-way line of Wadsworth Boulevard; thence along said right -of way line S00°19'27E, 60.00 feet; thence departing said right-of-way line S89045'02"W, 408.00 feet; thence S00°19'27"E, 310.00 feet to the Northerly right-of-way line of 32nd Avenue and the point of beginning. County of Jefferson, State of Colorado NOTE: The above legal description was prepared by Martin/Martin Consulting Engineers, 12499 W. Colfax Ave., Lakewood, CO 80215, dated December 29, 2014, Job Number: 13.0606.C.01. City of ��qrWh6atKidgc LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Z Address �d�'o? G.>r'r,f7 �'� X!C C/ Cc. Phone r%(1-.2 0 -7/ �0 City Li State_ Co Zip Jd y Fax //�� /� r Owner�t,l�10 vq— LLC- Addresseo Ce- Phone %ao -o? jd 3i yj City State %'u Zip y Fax Contact Address /,2ko7 Phone ,�lei ,790- ?M City L, f1! State l'u 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 (address Type of action requested (check one or more of the actions listed below which pertain to your request): Application submival requirentents on reverse side O Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) O Consolidation Plat O Conditional Use Permit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval O Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval 0%riance/Waiver (from Section ) 0 Planned Building Group 0 Right of Way Vacation 0 Other: Detailed description of request: Required information: Assessors Parcel Nutttber: Size of Lot (acres or square footage): Current Zoning: Mlr-e Proposed Zoning-, Current Use: Proposed Use: 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 from the owner which approved of this action on his behalf. Signature of Applicant / iS� ub cribed and sworn to me this day of �� 20dW KIN! WAGGONER�M 0 NOTARY PUBLIC ^ STATE OF COLORADO Notary Public / Notary MV �ID2013404664$ My commission expires ZI r2�cI To be filled out by staff: Date received Comp Plan Desig. Related Case No. Fee S o/4 J Receipt No. Zoning Pre -App Mtg. Date Case No. Quarter Section Map Case Manager Case No. WA1501 Date Received 2/24/2015 Related Cases Case Planner Reckert Case Descriptior Request for a 2' (33.33) fence height variance from the 6' standard resulting in an 8' high privacy fence along the west side of Yukon Grove backing to Ridgeview Estates (lots 1-14 of the Yukon Grove Subdivision) and east side of Yukon Grove (lots 15-201 fifrpQcairf /irfoymafaivr ..................................... - _ Name Bill Fritz Name Phone (720) 290-3140 Address 10827 Bobcat Terrace City Littleton State CO Zip 80124- L7waei /nfv�mafrov► . _.......-.._......_...._..........-.. - Name Yukon Grove LLC Name Phone (7201-290-3140 Address 10827 Bobcat Terrace City Littleton Slate CO Zip 80124- Coi•facf /ir/ormafic� Name Bill Fritz Name Phone (720) 290-3140 Address 10827 Bobcat Terrace City Littleton State CO Zip 80124- Pf Lryecf /e/vn�aafi¢�ir Address 7671 Street W. 32nd Ave. City Wheat Ridge State CO Zip 80033 �. Location Description Project Name Yukon Grove Parcel No Qtr Section District No Parcel No. 39.262.00.035 Qtr Section: NW26 District No.: 3926200035 NW26 3 _ Pn- :a.pp Date Neighborhood Meeting Date App No: Review Type Review Body Review Date Disposition Comments Report Review EAdmin a iJ Di�poxificir Case Disposition 0 Disposition Date Conditions of Approval Notes - _ Status Open Res tt Ord - Storage: City of Wheat Ridge 02/23/2015 10:33 CDBA YUKON GROVE - VARIANCE FEE CDA011056 AMOUNT FMSD ZONING APPLICATION FEES 200.00 PAYMENT RECEIVED AMOUNT CHECK: 103 200,00 TOTAL 208.N ----------------------------