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HomeMy WebLinkAboutWA-15-14City of Wheat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. February 24, 2016 Carolyn DiPietro 3400 Garrison St. Wheat Ridge CO 80033 Dear Ms. DiPietro: RE: Case No. WA -15-14 Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 At its meeting of January 28, 2016, the Board of Adjustment made a motion for approval of Case No. WA -15-14, a request for a 2 -foot (50%) variance from the 4 -foot maximum fence height permitted in a front yard, for a solid fence, resulting in a 6 -foot fence for a property zoned Residential -One A (R -IA) and located at 3400 Garrison Street; however, the motion to approve failed. Therefore, the request is DENIED. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision. Should you decide to appeal the decision of the Board, you will need to file the appeal with the Jefferson County district court within 30 days of the Board's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, l` Tammy Odean Administrative Assistant Enclosures: Draft of Minutes Certificate of Resolution (to follow by separate mailing) cc: WA -15-14 (case file) WAI514.doc www-ci.wheatridge.co.us 1. City of Wheat -Midge BOARD OF ADJUSTMENT Minutes of Meeting January 28, 2016 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. 5. Alternates Present: Board Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING Sally Banghart Dan Bradford Janet Bell Paul Hovland David Kuntz Betty Jo Page Thomas Abbott Rocco Germano Lily Griego Meredith Reckert, Senior Planner Zack Wallace, Planning Technician Tammy Odean, Recording Secretary A. Case No. WA -15-14: An application filed by Carolyn DiPietro for approval of a 2 - foot (50%) variance from the 4 -foot maximum fence height permitted in a front yard resulting in a 6 -foot high solid fence in the front yard for property zoned Residential - One A (R-1 A) and located at 3400 Garrison. The case was presented by Zack Wallace. He entered the contents of the case file and packet materials, the zoning ordinance and the digital presentation into the record. He stated all appropriate notification and posting requirements have been met and Board of Adjustment Minutes January 28, 2016 advised the board there was jurisdiction to hear the case. He reviewed the digital presentation. Mr. Wallace stated that this case was first reviewed administratively, but there were written objections received during the 10 -day public notification period which prohibited the case from being approved by the Community Development Director. Therefore, the Board of Adjustment is empowered to hear and decide upon the variance request. Mr. Wallace stated there is an existing wrought iron fence about 6 -feet tall currently running the distance along Garrison Street and the applicant would like to make it a solid 6 -foot fence. There are three main issues that create a hardship for the applicant. First, the orientation of the home in relation to the street frontage, the front yard functions more as a side yard. Second, the double frontage of homes along Garland Street, which back up to Garrison Street, creates an alley effect with garages and driveways accessing Garrison. Finally, the applicant is aware that she can build a solid 6 -foot fence behind the 25 -foot setback, but the water table is high and the post holes will fill with water. She is worried about damaging tree roots by digging post holes. The applicant would also like more privacy and security because there is traffic across the street associated with a plumbing business' deliveries and drop offs. Mr. Wallace closed by stating that staff recommends approval of the variance due to the before- mentioned reasons and the fence would not be detrimental to public safety or welfare. Member ABBOTT asked if small trailer parking is legal for property owners and if loading and unloading is allowed. Mr. Wallace stated as long as the trailer is not stored in the Right -of -Way. Ms. Reckert stated that in-home businesses are allowed but not those which result in negative impacts to the residential neighborhood. There should be no commercial traffic associate with the in-home business entering the neighborhood. The regulations allow one car to be parked on the street frontage of the house but the ancillary trailers in the back, along Garrison, are not allowed. A certified letter has been sent to the homeowners alerting them of the requirements for an in-home business. No response was received to the letter and code enforcement action may be pursued Chair HOVLAND asked if the fence will extend beyond the property in front of the lake. Mr. Wallace explained the fence will only extend the length of the current fence which stops just before the lake. Member BANGHART wanted to know how the angling of the home is considered a hardship to the applicant. Board of Adjustment Minutes January 28, 2016 2 Mr. Wallace and Ms. Reckert stated it is a hardship because the house and resulting front yard are not parallel to Garrison Street which limits privacy on the side yard because the house sits askew. Member BELL made note that some of what was done in the city was actually done by the County before the City of Wheat Ridge was incorporated in 1969. Ms. Reckert agreed and said the lake was originally used for irrigation and is now privately owned. The applicant's house was probably one of the last to be built and was angled so the back of her house has a view of the lake. Due to the angle, her side and back yard also have a view of the garages across Garrison Street. Carolyn DiPietro 3400 Garrison Street, Wheat Ridge Ms. DiPietro stated she bought the house almost 3 years ago. Within this time, she has upgraded the house and taken care of the landscaping to improve the neighborhood. One reason for the solid fence is to control her dogs. When the dogs go outside, they run straight to the fence and bark at people, cars and trucks on Garrison Street. She has a view from her back porch of the lake but also of the garages and trailers across Garrison. When people come to pick up plumbing supplies from the house across the street, they look into the front, side and back yard. A solid 6 foot fence would block the traffic on Garrison Street and provide added security. Ms. DiPietro explained she is also in the process of replacing the gate which is in disrepair. The gate will compliment a solid fence better than the wrought iron that is there now. Member PAGE asked if the grade of the driveway was the same as the garage. Ms. DiPietro state yes, a car can drive straight into the garage from the driveway. Chair HOVLAND asked if the gate, once fixed, is going to be solid or wrought iron and open. Ms. DiPietro said it will be wrought iron and open. Member KUNTZ noticed there are no windows on the house that face Garrison Street and wondered if the applicant can add a screening fence off the northwest side of her house for privacy. Ms. DiPietro explained that to dig post holes that close to the lake can be difficult because they fill up with water. Also, there are a lot of roots for the trees by the lake which may be damaged by digging holes. Discussion continued with regard to traffic on Garrison and the alleged, illegal home occupation and alternate designs for the fence. Board of Adjustment Minutes January 28, 2016 Ms. Pietro mentioned that a 5' high fence would allow the lake to be seen from the street but not her yard. Ms. Reckert reminded the board members that they can grant less than what is asked for by the applicant, but not more. Chair HOVLAND swore in the speakers for the Public Hearing Troy Scott 3390 Garrison Street, Wheat Ridge Mr. Scott's expressed concern with a 6 -foot fence due to safety concerns backing out of his driveway. Member ABBOTT asked staff about the driveway sight triangle requirement. Because the applicant's driveway will be open and is approximately 15 -feet across, it appears that Mr. Scott should have a clear sight triangle. Ms. Reckert responded that a regulated sight triangle is 15 feet and Mr. Scott's driveway is at least another 10 -feet south from the applicant's driveway and more from the fence. Mr. Scott was also not happy with the way the fence was modified in between his property and the applicants and doesn't want to see the same thing done along the street. Member KUNTZ asked Mr. Scott about the fence height being lowered to the top line of the existing wrought iron fence and if this would alleviate his concerns. Mr. Scott replied that it would. Patricia Cusack 3380 Garrison Street, Wheat Ridge Ms. Cusack asked if the wrought iron gate is going to give the applicant enough privacy. Ms. DiPietro replied that it would. Member ABBOTT asked if Ms. Cusack if she had any objection to a 5 -foot solid fence if there is an open wrought iron gate. Ms. Cusack reiterated she does not see anything wrong with a 4 -foot fence. Mikayla Hinkle (here on behalf of her parents, the property owners) 3420 Garland Street, Wheat Ridge Ms. Hinkle read a letter from her parents into the record stating their concerns. The concerns include the beauty of the neighborhood being lost because the view of the lake would be gone; the sight triangle if the solid fence is built would limit the visibility of the applicant backing out of her driveway; it could set a president for others to build taller fences; a solid fence would not be aesthetically pleasing. Ms. Hinkle explained that as one of the pictures displayed during Mr. Wallace's Board of Adjustment Minutes January 28, 2016 4 presentation shows a white box trailer parked near their garage and after a conversation with the next door neighbor (3400 Garland Street), the trailer was moved. Member KUNTZ stated that per code Ms. DiPietro can build a 4 -foot fence which could cause the same concerns Ms. Hinkle addressed. Member PAGE wanted more information about Ms. Hinkle's parent's plumbing business. Ms. Hinkle stated that the plumbing business is not run out of the home and that her parents have a separate office and separate storage space for the business. Her father keeps a business truck at the house, in the back garage, but doesn't run a business out of it. Ms. Reckert stated that to have a home occupation business license the owner of the business needs to live at that location and there can be no traffic in the neighborhood to pick up supplies. Ms. Hinkle stated her parents do live at the house and to the best of her knowledge nobody comes by to pick up plumbing supplies. Discussion continued regarding the plumbing business. Member BELL stated it is unfortunate that the front yard of a house has to look at the backside of a double frontage property. Ms. Reckert stated it is highly unusual to have a double frontage lot in the City now and they are no longer allowed pursuant to the City's subdivision regulations. Michelle Jenuine 3335 Garrison Street Ms. Jenuine state she bought the house in 2001 and it is just south of 3400 Garrison on the west side. It is a duplex in which one unit faces Garland and the other unit faces Garrison. It is currently a rental and her family plans to move back to it someday. Ms. Jenuine expressed there may be a better alternative and that they do not want to see the view of the lake disappear Member ABBOTT wanted to remind Ms. Jenuine that the BOA is not ruling on a privacy fence, a 4 -foot privacy fence is allowed. They are ruling on the 2 -feet above the maximum fence height. Chris Jenuine 3335 Garrison Street, Wheat Ridge Mr. Jenuine stated his main concern with Ms. DiPietro's request is aesthetic and would like maintenance of the view as when they bought the house. Mr. Jenume stated that the improvements to the house by Ms. DiPietro are beautiful and she should be commended for that. Board of Adjustment Minutes January 28, 2016 Member PAGE stated she feels if there is a 6 -foot solid fence put up at the property in question then Garrison Street will feel too much like an alley. Member GERMANO indicated that he agrees with the staff conclusions and recommendations and feels the applicant has met the criteria. Member KUNTZ stated he does not agree with the staff conclusion of the hardship criteria being met. Member PAGE stated that dogs bark whether there is a solid or open fence. Member BANGHART also stated she does not agree with staff's conclusions of the hardship criteria being met. Member ABBOTT stated that staff pointed out two hardships. With regards to the angle of the house, he does not feel this is a hardship, because the primary scenic view is to the north not to the west. The second hardship though, looking into the backs of the houses across the street and their garage fronts, with cars and trailers parked there, is a hardship. Member ABBOTT does not think the additional 2 -feet at the top of the fence is going to mitigate the second hardship and feels a 4 -foot fence would take care of the problem. Member KUNTZ stated it is unfortunate the west side of Garrison has turned into off street parking for trailers, but feels the builder of the house oriented the house just for that reason, especially since there are no windows on the west side of the house to look in that direction. Member BANGHART explained that the other homes to the south of 3400 Garrison also have their garages facing the backs of the homes across the street and would hate to see them follow suit and build 6 -foot fences as well. Member HOVLAND feels the fence that is currently there is a good balance of trying to accommodate both view and privacy. Neighborhoods go through periods of construction so there are phases when cars and trucks are parked along the roadways. The trailers are no longer across the street and whether this is temporary or not the City will take care of it. Member HOVLAND stated he fails to see the need for the additional 2 -feet of fence height. Member BELL stated she is sympathetic to the issues of privacy and the amount of pedestrian and vehicular traffic. She agrees that staff's conclusions are well supported. Upon a motion by Board Member GERMANO and second by Board Member BELL, the following motion was made: WHEREAS, application Case No. WA -15-14 was not eligible for administrative approval; 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 Board of Adjustment Minutes January 28, 2016 6 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 and City of Wheat Ridge NOW, THERFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15- 14 be, and hereby is APPROVED. TYPE OF VARIANCE: Request for approval of a 2 -foot variance from the 4 - foot maximum fence height (for a solid fence in a front yard) for a property zoned Residential -One A (R-1 A) and located at 3400 Garrison Street. FOR THE FOLLOWING REASONS: I. The current owner had no hand in the platting or construction of the home askew to the property frontage. 2. The orientation of the home and double frontage of homes on Garland Street present a unique hardship on the property. 3. The fence would not be detrimental to public safety or welfare. 4. The conditions necessitating the variance are present in the neighborhood. Motion was denied by a vote of 3-5 with Members ABBOTT, BANGHART, HOVLAND, KUNTZ and PAGE voting against. Therefore, the variance was denied. 6. CLOSE PUBLIC HEARING Chair HOVLAND closed the public hearing. 7. OLD BUSINESS 8. NEW BUSINESS A. Approval of Minutes —October 22, 2015 It was moved by Board Member PAGE and seconded by Board Member KUNTZ to approve the minutes as written. Motion passed 7-0-1 with Member GERMANO abstaining. B. Resolution 01-2016 — Establishing a designated public place for posting of meeting notices as required by the Colorado Open Meetings Law The lobby of the Municipal Building and the City's website shall constitute the designated public place for the posting of meeting notices a required by the Colorado Open Meetings Laws It was moved by Board Member ABBOTT and seconded by Board Member BANGHART to approve Resolution 01-2016, A Resolution Designating a Public Board of Adjustment Minutes January 28, 2016 7 Place for Posting of Notices of Public Meetings as in the language submitted to the Board. Motion approved 8-0 C. Election of Officers Chair Elect is David Kuntz Vice Chair Elect is Sally Banghart ADJOURNMENT Chair HOVLAND adjourned the meeting at 9:02 p.m. Paul Hovland, Chair Tammy Odean, Recording Secretary Board of Adjustment Minutes January 28, 2016 WA -15-14 DiPietro 3400 Garrison Street Request for a 2 foot variance from the permitted 4 foot height limit for a fence in a front yard, resulting in a 6 foot solid fence on a lot zoned Residential -One A Board of Adjustment January 28, 2016 Variance Request Case Processing — Section 26-115.0 of the Wheat Ridge City Code empowers the director of Community Development to decide upon applications for variance requests of 50 percent or less g�H yy A d �a GrrYm k 3a orWm a�w a.rrron p. Current Zoning k RIF C:1 Aerial : 3400 Garrison Street Current Zoning 000 Aerial : 3400 Garrison Street Variance Request The variance is requested for an additional 2 feet to the maximum permitted size for a solid front yard fence of 4 feet, resulting in a 6 foot tall solid fence in the front yard. a ■ Proposed Changes Home Orientation Garland Street Double Frontage Setback Requirements Proposal 3400 Garrison Street F :/1119iMaft# ion r $- 71� -41C 3400 Garrison Street — Location of proposed 6 -foot solid fence 3400 Garrison Street — Existing side yard fence, model for front yard fence +r s1 'riJ Looking north on Garrison Street. 3400 Garrison St. is to the right. Looking south on Garrison Street. 3400 Garrison St. is to the left. Staff Recommendation Staff recommends APPROVAL of the request for the following reasons: • The current owner had no hand in the planning or construction of the home askew to the property frontage. • The orientation of the home and double frontage of homes on Garland Street present a unique hardship on the property. • The fence would not be detrimental to public safety or welfare. • The conditions necessitating the variance are present in the neighborhood. PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT January 28, 2016 Case No. WA-15-14: an application filed by Carolyn DiPietro for approval of a 2-foot (50%) variance from the 4-foot maximum fence height permitted in a front yard, for a solid fence, resulting in a 6-foot fence for property zoned Residential-One A (R-1 A) and located at 3400 Garrison. (Please print) Name Address In Favor/Opposed �xDCA Cir d,I e2 3 316 66"r C , 5- 6 uS, � 3(� Cj Vr City Of 9rwh6atRiAe CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment MEETING DATE: January 28, 2016 CASE MANAGER: Zack Wallace CASE NO. & NAME: WA -15-14 / DiPietro ACTION REQUESTED: Approval of a 2 -foot variance from the 4 -foot maximum fence height (for a solid fence in a front yard) for a property zoned Residential -One A (R-1 A) and located at 3400 Garrison Street. LOCATION OF REQUEST: 3400 Garrison Street APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: Carolyn DiPietro Carolyn DiPietro 41,797 Square Feet (0.96 Acres) Residential -One A (R -1A) PRESENT LAND USE: Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map Board of Adjustment Case No. WA -15-14.1 DiPietro Site JURISDICATION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 2 -foot variance from the 4 -foot maximum front yard fence height permitted in a front yard for a solid fence, resulting in a 6 -foot solid front yard fence (a fifty [50] percent variance). The purpose of this variance is to allow for the replacement of the current wrought iron fence with a solid cedar fence. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for a variance from the strict application of the zoning code, if the variance is not in excess of fifty (50) percent of the development standard, and if objections are not received during the public notification period. The applicant was denied an administrative approval by the Director of Community Development because objections were received during the public notification period. Therefore, the Board of Adjustment is empowered to hear and decide upon the variance request at a public hearing. Additional information regarding the administrative review is detailed in Section 111. II. CASE ANALYSIS The property is zoned Residential -One A (R-1 A), a zone district that provides for high quality, safe, quiet and stable low-density residential neighborhoods, and prohibits activities of any nature which are incompatible with the low-density residential character. The subject property is located on Garrison Street, between 32nd Avenue and 35`h Avenue, in the Goodhart Stoddard Subdivision, adjacent to and extending into the North Henry Lee Reservoir (Exhibit 1, Aerial). The surrounding area is predominately low-density residential, with Residential -One A (R- 1 A) and Residential -Two (R-2) zone districts dominating the area (Exhibit 2, Zoning Map). For locational reference: Wheat Ridge High School is located approximately 0. 15 miles to the west; Wide Horizon Nursing Facility is located approximately 0.2 miles to the north; and the Exempla Lutheran Medical Center Campus is located approximately 0.5 miles to the east. According to the Jefferson County Accessor the subject site has a recorded area of 41,797 square feet (0.96 acres) and contains a two-story single-family home. Approximately sixty-eight (68) percent (roughly 28,280 square feet) of the property's area is occupied by the North Henry Lee Reservoir. This home was originally constructed in 1973, with a large renovation or expansion ('adjusted year built') in 1989, per the Jefferson County Assessor. A variance is being requested to allow the property owner to construct a 6 -foot solid fence in the front yard (west side) of the property (Exhibit 3, Site Plan). There is an existing wrought iron fence, approximately 6 -feet tall running along Garrison Street. The wrought iron fence sits atop a brick base. If the variance is granted, the applicant would modify the fence such that the brick base would remain in place, and the wrought iron would be replaced by solid cedar fence. The fence, with brick base, would total 6 -feet in height. Board of Adjustment Case A'o. HA -15-14, DlPielro Per the applicant, the hardship prompting this variance request stems from three main issues: I ) The orientation of the home at 3400 Garrison Street, in relation to the street frontage (front yard). 2) The double frontage of homes along Garland Street, which back Garrison Street creating an 'alley effect' on the east side of Garrison Street. 3) The infeasibility of moving the proposed 6 -foot solid fence further inward (past the minimum setback requirements) due to the proximity to the reservoir, and the potential of altering the existing trees along the water front by staking a new fence that might alter their roots. Staff has the following comments regarding the items listed above. 1) 3400 Garrison Street Orientation The property at 3400 Garrison Street is oriented towards North Henry Lee Reservoir, the shoreline of which is oriented northwest -southeast. The property is situated along Garrison Street, a north -south running street. As such, the home sits askew compared to other homes in the area, and faces away from the primary street frontage with the front door oriented to the south (Exhibit 4, House Orientation). Due to this orientation, what is considered the front yard, abutting Garrison Street, functions as the property's side or rear yard. Solid fences up to 6 -feet tall are allowed in side and rear yards. 2) Garland Street double frontage The homes one block west of Garrison Street, on Garland Street, have two frontages, one on Garland Street and one on Garrison Street. Most of the homes face Garland Street and back up to Garrison Street. Many of these homes have garages on Garrison Street, creating an 'alley effect' on the west side of Garrison Street due to garage doors and driveways facing Garrison (Exhibit 5, Site Photos). The applicant overlooks another property's garage area which, she states is often utilized as a drop off and pick up location for plumbing supplies. According to the applicant, the frequency of trucks loading and unloading equipment is enough to prompt the request for this variance to allow a 6 -foot solid fence to block this view. 3) Infeasibility of relocating the fence to meet setback requirements The applicant is aware that she can build a 6 -foot solid fence behind the minimum front yard setback requirement of 25 -feet, and has considered that option. However, she states that this option is infeasible for two main reasons. First, the proximity to the reservoir results in a high water table on the property, according to the applicant. As such, digging to place posts will result in the hole filling with water, as the applicant states occurred while she was working on another project. Second, the applicant does not want to disturb the existing trees on her property. Many of the trees are very old, and the applicant worries that digging posts into the ground for a fence will disturb the roots and impact the trees on her property. She prefers to use the existing brick fence base, and replace the existing wrought iron with solid wood. III. VARIANCE REQUEST CASE PROCESSING This variance request began as an administrative application, as the Director of Community Development may decide upon a variance that deviates from a development standard by fifty (50) percent or less. Due to objections received during the 10 -day public notification period, administrative approval was denied by the Director of Community Development (Exhibit 7, Objection Letters). The Board of Adjustment is empowered to heard and decide upon the variance request at a public hearing. Board of Adjustment Case No. WA -l5-14 / DiPieiro A 15 -day public notification period for the Board of Adjustment public hearing is currently in progress. As of January 22, 2016 no additional objections or inquiries have been received. IV. VARIANCE CRITERIA The Board of Adjustment shall base its decision in consideration of the extent to which the applicant demonstrates that a majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has provided an analysis of the application's compliance with the variance criteria (Exhibit 6, Criteria Responses). Staff provides the following review and analysis. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a single-family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. Most homes along the east side of Garrison Street in the surrounding area do not have front yard fences. While the west side of Garrison Street is actually the rear of the homes facing Garland Street, fences are still largely non-existent or low -height, open -type fences. As such, a 6 -foot tall solid fence has the potential to alter the character of the locality. 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 proposed 6 -foot solid fence is not a substantial investment in the property. 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 orientation of the home has presented a unique hardship on this property, as the functionality of its front, side, and rear yard spaces does not match the defined front, side, and rear yard locations, per the location of the property's street frontage. Contributing to this hardship is the double frontage of the Garland Street homes, which back onto Garrison Street, creating an `alley' type feel on the west side of Garrison Street. Staff finds this criterion has been met. Board of Adjustment Case No. WA -15-14 / DiPietro 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The Goodhart Stoddard subdivision was platted in 1947 with a right of way along the reservoir. At some point between 1947 and 1973 (when the house was constructed) the right of way was vacated, and the home was built in this vacated right of way. The double frontage Garland Street homes were built throughout the 1960s. The house at 3400 Garland Street was built in 1973 with renovations/additions in 1989, well before the current owner purchased the property in 2013. As such, the owner had no hand in the creation of this lot, or construction of the home. 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 for a fence height variance would not be detrimental to public welfare and would not be injurious to neighboring property or improvement. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The fence would not impair the driveway sight distance triangle for the property to the south and would not increase the danger of fire. It is unlikely that the request would negatively 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. Other homes in the neighborhood are oriented towards the lake, and sit askew to their frontages. Additionally, the double frontage along Garland Street extends from 32nd Avenue to 35`h Avenue. Staff finds this criterion has been met 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single-family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. Board of Adjustment Case No. WA -15-14 / DiPielro 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual The Architectural and Site Design Manual does not apply to single and two family dwelling units. Received Staff finds this criterion is not applicable. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a 2 -foot (50%) variance from the 4 -foot maximum for a solid fence in a front yard on property located at 3400 Garrison Street. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends approval for the following reasons: 1. The current owner had no hand in the platting or construction of the home askew to the property frontage. 2. The orientation of the home and double frontage of homes on Garland Street present a unique hardship on the property. 3. The fence would not be detrimental to public safety or welfare. 4. The conditions necessitating the variance are present in the neighborhood. A Template for the Certificate of Resolution can be found on the following page. Board of Adjustment Case No. WA -15-14 / DiPietro WHEAT RIDGE BOARD OF ADJUSTMENT CERTIFICATE OF RESOLUTION (TEMPLATE) CASE NO: WA -15-14 APPLICANT NAME: Carolyn DiPietro LOCATION OF REQUEST: 3400 Garrison Street WHEREAS, the application Case No. WA -15-14 was denied permission for an administrative review; 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 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 -15-14 be, and hereby is, MPPROVEDIDENIEDJ. TYPE OF VARIANCE: Request for approval of a 2 -foot variance from the 4 -foot maximum fence height (for a solid fence in a front yard) for a property zoned Residential -One A (R-1 A) and located at 3400 Garrison Street. FOR THE FOLLOWING REASONS: 2. 3. ... Board of Adjustment Case No. WA -15-14 / DiPietro WITH THE FOLLOWING CONDITIONS: 2. ... Board of Adjustment Case No. WA -15-14 /DiPietro EXHIBIT 1: AERIAL Board ofAdjustment Case No. WA-15-14/DiPietro City of Wheat Ridge Geographic Information Services 3400 Garrison Street Legend Q3400 Garnson Street N �� C -PA ��� DOW K"M =P.j@w Gry I M" N"o conraeo 7500 V" 2ft A— "ftm w wo71l00I SOo 731 S900 dY so.—C., a—", EXHIBIT 2: ZONING MAP City of Wheat Ridge Geographic Information Services 3400 Garrison Street Legend Q3-00 Garrison Street M1 CM Limns Jetlereon County Displayed Zone Districts Res.dentisi-One (R-1) Residential -One A (R -1A) Residential -Two (R-2) Planned Hospital District (PHD) N c riasDiii.-Now A d Ury a "" Rap. Carafe 7000 ~ 2MI A.a1Ma vara Aar. CO a0on-fo0t mv4 sm Co. swm C.h a wn.r wae. Board ojAdjusiment 10 Case No. WA -15-14 / DiPietro R i 1 w Proposed location of 6 -foot solid fence. $• Location of existing i1A 1 e-. , • _ Y; r ; 6 -foot solid fence. 'r The proposed fence will be of the same ! style & construction i1♦ � ' �`� _ k i EXHIBIT 4: HOUSE ORIENTATION City of Wheat Ridge Geographic Information Services 3400 Garrison Street Legend Boundanes Q3400 Gamson Street Buildmy Outlines North Henry Lee Reservolu —N .�. A�,. D- WA . watrQdge City MA -1 Rope. CulmeEo 75500 NMt 79n ArWxr yNwM Rope. Co sow x001 303 731 5900 OWI sawn CU d W A" Board of Adjustment 12 Case No. WA -15-14 i DiPietro EXHIBIT 5: SITE PHOTOS Board oJAdjuslmenl 3 Case No. WA -15-14 / UiPielro Board of Adjusimeni 14 Vase No. WA-15-14 i DiPieiro Looking west from 3400 Garrison Street. Due to the double frontage of homes on Garland Street, the rear of Garland Street properties faces the homes on Garrison Street and create an `alley' effect on the east side of Garrison Street. The applicant has cited that this view is undesirable, and part of the reason for this variance request. Board of Adjustment 15 Case No. WA -15-14 / DiPietro EXHIBIT 6: CRITERIA RESPONSES Variance for 3400 Garrison St Wheat Ridge, CO 80033 Carolyn DiPietro 303-669-2295 1. There would be no change in use, service or income and will be used under the conditions by regulation for the district in which it is located. 2. The variance would not alter the essencial character of the locallity, however, will provide security for the homeowner. 3. This is an investment in the property with the quality of fence, also providing saftey and security for the property. 4. Different vehicles stopping or people remaining in vehicles, creates an uneasy feel for the property owner. Fence would also create a barrier for my 2 new dogs barking at everything that goes down the street. 5. Not that I am aware of. 6. No. 7. No. Board of Adjustment 16 Case No. WA -15-14 / DiPietro EXHIBIT 7: OBJECTION LETTERS In order of reception: Exhibit 7.A. 3390 Garrison Street Exhibit 7.13. 3420 Garland Street Exhibit 7.C. 9000 W. 35`h Avenue Exhibit 7.D. 3400 Garland Street Board of Adjustment 17 Case No. WA -15-14 / DiPietro Exhibit 7.A. Page I of LACY A. SCOTT 3390 Garrison Street, Wheat Ridge, CO 80033 (303) 619-9320 November 24, 2015 City of Wheat Ridge Community Development Department 7500 West 29`h Ave. Wheat Ridge, Colorado 80033 Rh: Case Number: WA -15-14 Property Address: 3400 Garrison St., Wheat Ridge, CO To Whom It May Concern: We own and reside at property located at 3390 Garrison, St., Wheat Ridge, CO which is directly adjacent to 3400 Garrison St., Wheat Ridge (hereinafter "3400 Garrison"). It is our understanding that 3400 Garrison is requesting to build a six (6) foot solid wood fence in the front yard of the property. We adamantly object to this request for the following reasons: 1. Safety Concerns We believe that a six-foot solid wood fence in the front yard of 3400 Garrison would obstruct our view of Garrison Street and pose a safety concern when we back out of our driveway. Numerous people walk on Garrison Street whether it be neighbors, neighbors and their dog(s), children, or employees of Lutheran Hospital. As such, a clear view of Garrison Street is vital when we back out of our driveway. A six-foot solid wood fence would prevent us from a clear and unobstructed view of Garrison Street until we reach the street itself. As such, this poses as a safety concern and traffic hazard. 2. Harmonv and Compatibility A six-foot solid wood fence in the front yard of 3400 Garrison would completely destroy the harmony and compatibility with the area and our property. First we do not have a fence in our front yard and to allow the property directly adjacent to ours to have a six-foot solid wood front yard fence would destroy the harmony and compatibility of our house. Further, there are no houses in our neighborhood or surrounding neighborhoods that have a six-foot solid front yard fence. To allow this exception would destroy the harmony and compatibility of our neighborhood. We moved into Wheat Ridge and our neighborhood for the character of the homes which were harmonious and compatible with each other. To allow 3400 Garrison to build a fortress with a six-foot solid wood fence would completely destroy the character of our neighborhood. 18 Exhibit 7.A. Page 2 of 2 Further, in the Letter Notice we received, it notes that 3400 Garrison would preserve the existing brick pillars and remove the wrought iron and replace it with cedar. If this variance is granted it is imperative that the wrought iron is removed. 3400 Garrison did not remove the wrought iron on her existing fence adjacent to our property and this is an eye sore for us and if the wrought iron is not removed for 3400 Garrison's front yard fence it would be a complete eye sore for the neighborhood and destroy the harmony and compatibility of the neighborhood. Variances should only be granted when there is a unique physical problem. 3400 Garrison does not have a unique physical problem. It has a regular land plot shape. Further, there are not similar conditions of neighbors having a six-foot solid front yard fence in our neighborhood, or even in the City of Wheat Ridge. Finally, a six-foot solid front yard fence at 3400 Garrison would be a detriment to the neighborhood by destroying the harmony and compatibility of our neighborhood. For the reasons stated above, we respectfully request that 3400 Garrison's request for a six- foot solid wood front yard fence be denied. Sincerely, _,�Ct2� A. 4 -lb f-� Lacy A. Scott Troy D. Scott 3390 Garrison St. Wheat Ridge, CO 80033 (303) 619-9320 19 Exhibit 73. Page I oi' 2 City of Wheat Ridge Community Development 7500 West 29`h Avenue Wheat Ridge, CO 80033-8001 Re: Case No. WA -15-14; 3400 Garrison Street November 25, 2015 Dear Community Development Department, Zach Wallace and/or Zoning Administrator, We are opposed to the solid 6 foot fence variance request by Carolyn Di Pietro at 3400 Garrison Street. This letter is intended to voice our concern and opposition as requested in your Letter Notice dated November 20, 2015. The following is an outline of our concerns. Due to the very limited time for response with the Thanksgiving holiday, we have limited our comments to the few that come immediately to the surface and are not inclusive of all of our concerns. 1. Safety. a. By installing a 6' fence in the front yard, the visibility is greatly reduced when residents or guests are leaving 3400 Garrison. Garrison is a street that is heavily used by area residents who walk and ride bikes and wheelchairs. Our neighborhood has many children and elderly who use Garrison for recreation and exercise. They use is very early in the morning and late at night in low or no light conditions. Decreasing visibility is of great concern for the safety of many people. The extreme caution that would be required for the residents and guests of 3400 Garrison is not practical that they would maintain a high level of caution for the years and decades that the fence would be in place. b. Our garage directly faces the proposed fence. A 6' solid fence would create a safety hazard for us and the residents and guests of 3400 Garrison. If we both exit our garage or driveways at the same time, there will be a greatly reduced amount of time to recognize a potential collision. c. A hazard is created by the narrow field of vision caused by the 6' solid fence so close to Garrison Street. Cars exiting 3400 Garrison facing forward will have to pull partially onto Garrison in order to view the street in both directions to see oncoming traffic, pedestrians, or cars exiting 3400 Garland or 3420 Garland. Cars backing out of the 3400 Garrison driveway would be even more of a safety hazard. Neighborhood aesthetic. a. Many people choose to live in our Wheat Ridge neighborhood because of the feeling of our eclectic mix of housing designs and the open feeling of the low or no fencing surrounding each of our properties. This is particularly important in the properties that are on or adjacent or within sight distance of North Henry Lee Lake. Many people plan their walking routes in order to include an enjoyable view of the lake. By installing a 6' solid wood fence, it would limit the view for not only the people walking the neighborhood but the adjacent neighbors further up the street. b. We are concerned that it would set a precedent in our neighborhood for the other neighbors to also request fence height variances in their front yards. It can start to affect the overall community feeling and look of our neighborhood. We can immediately think of 2 of the neighbors on Garland and one other on Garrison that 20 Exhibit 7.B. Page 2 of 2 could possibly want a 6' fence as well. If a variance is granted for 3400 Garrison without any compelling reason that I am aware of, there would be less reasons why the other requests be denied. Property value. a. We are concerned that limiting the view of North Henry Lee Lake, even if it is not directly over the water, would decrease our property value at 3420 Garland and the property value of our neighbors which in turn would decrease our property value. When we purchased 3420 Garland Street 20 years ago, the real estate flyer used the lake view as a selling point. We strongly urge you to deny the request for a variance. Thank you for your time in considering our concerns. Sincerely, Wayne and Alice Hinkle 3420 Garland Street Wheat Ridge, CO 80033 Cell phone 303-946-8921 21 Exhibit 7.C. Page I of 1 November 30, 2015 Case #WA -15-14 Re: fence height variance at 3400 Garrison Street To whom it may concern: I am writing to express my opposition to the variance being sought at the above referenced address. As one navigates the streets that border the North Henry Lee Reservoir, what is striking is that the vast majority of homes have either no fence around their front yards, or, in some cases, a very minimal, low and open fence. As one walks through the neighborhood, there is a friendly, welcoming feeling to the streetscape. I believe that the proposed 6' high, solid fence in the front yard would negatively impact that friendly feeling. It is also totally out of character with the other homes in the neighborhood. Also relevant to this petition is the fact that the front of the home is already bounded by a tall, iron fence. While this is unusual for the neighborhood, I believe the existing fence creates an excellent balance between security concerns and, at the same time, not creating an impenetrable visual barrier that isolates the home from the neighborhood. It is for these reasons that I request that the homeowner's petition for a variance be denied. Sincerely, S /I - Steffen Andrews 9000 West 35th Avenue Wheat Ridge, CO 80033 2 Exhibit 7.D. Page 1 of November 25, 2015 Cleo Omer 3400 Garland St. Wheat Ridge, CO 80033 (303)202-0593 City of Wheat Ridge Community Development Department 7500 West 29" Ave. Wheat Ridge, Colorado 80033 Re: Case Number: WA -15-14 Property Address: 3400 Garrison St., Wheat Ridge, CO To Whom It May Concern: I reside at 3400 Garland St. and face directly across Garrison from the subject property. The proposed 6 foot high solid privacy fence is unacceptable for many reasons as stated below. Existing Situation: There presently exists a wrought iron fence on top of about a 2 foot high brick wall. I doubt if this fence built about 5 years ago had a building permit. It is higher than 4 feet and possibly should be torn down so it is in compliance with the Zoning Code Regulations that limit front fences no higher than 4 feet. Zoning Code Ordinance: The Zoning Code Regulations, Section 26-603 of the Municipal Code is very clear on limiting fences in the front yard to 4 feet. Exceptions are permitted ".. for decorative, open -type fences (such as wrought iron) and for posts or column caps". The proposed fence is not one of these fence types. If you permit a 6 foot high fence and it is placed on the existing 2 foot brick wall, the fence would be nearly 8 foot tall. The only fence that you can presently permit is a 2 foot fence on top of the approximately 2 foot high wall. Envision Wheat Rid e: This document developed over many years by Wheat Ridge is suppose ppose to guide development so that it is consistent with "... the overall character and vernacular of the surrounding neighborhood". An 8 foot high solid wall is not in keeping with this Envision goal. Envision also had a Policy that the City promote neighborhood -level planning so neighborhoods would retain unique identifying features. If the City allows an 8 foot fence or even a 6 foot high fence they are basically dictating to the neighborhoods what the City feels the neighborhoods should look like. 23 Exhibit 7.D. Page 2 of Summary: ;w The existing 5 year old fence was probably built without a permit and is already in violation of the Zoning Code. Y A 6 foot or potentially an 8 foot high fence is a violation of the Zoning Code Regulations. Y The proposed fence is not compatible with Envision Wheat Ridge goals and policies. It is unfortunate a resident is requesting to make a mockery of Envision Wheat Ridge, but as a City Representative you have an ability to stop the fence. Sincerely, Cleo Omer 24 City of Wh6atPs�iddge POSTING CERTIFICATION CASE NO. WA -15-14 BOARD OF ADJUSTMENT HEARING DATE: January 28, 2016 1, C)06W,(r-) (name) residing at 3� U� GG �r� So►� �- WY�c� �,c� V �v0 (address) as the applicant for Case No. WA -15-14 hereby certify that 1 have posted the Notice of Public Hearing at C(�4 01 W► Wt Z-ACe�Jn;i a Yi L,;�A', a p (Ioca ion) /J on this day ofcA0a fI .2oi 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. 4 Signature: VW � -- ,\j\Y�,, 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 City or W heat Rj�dge PUBLIC POSTING REQUIREMENTS One sign must be posted per street frontage. In addition, the following requirements must be met: The sign must be located within the property boundaries. ■ The sign must be securely mounted on a flat surface. • The sign must be elevated a minimum of thirty (30) inches from ground. ■ The sign must be visible from the street without obstruction. ■ The sign must be legible and posted for fifteen (15) continuous days prior to and including the day of the hearing [sign must be in place until 5pm on January 28, 2016. It is the applicant's responsibility to certify that these requirements have been met and to submit a completed Posting Certification Form to the Community Development Department. l City of W heatid�ge LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WA -15-14 Date of Board of Adjustment hearing: January 28, 2016 I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 41 letters on January 13, 2016 to the attached recipient list at least 15 days prior to a scheduled public hearing. Signature: IES Date: I- � Z l City of 9COMMUNiTYWheatMidge 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 (As required pursuant to Code Section 26-109.D) January 13, 2016 Dear Property Owner: This letter is to inform you of Case No. WA -15-14, a request for approval of a 2 -foot (33%) variance from the 4ft. maximum fence height permitted in a front yard, for a solid fence, resulting in a 6 -foot fence for a property zoned Residential -One A (R -IA) and located at 3400 Garrison Street. This request is scheduled for a public hearing in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The schedule is as follows: Board of Adjustment January 28, 2016 (a 7.00 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you, City of Wheat Ridge Planning Division Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. If you need inclusion assistance, please call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting. WA1514.doc AWN (. C�,imp, CLI. C FJJ V.1... Gm. -- L- C p C -'D i CEM ' 4 LZZLL Qzx 7k s -I UI�('1 t)' I�oVlll'il a� .i Proposed location of - 6 -foot solid fence. � t 1 ADAMS KAY M JOHNSON MARILYN M 3291 GARLAND ST WHEAT RIDGE CO 80033 CUSACK GERARD F CUSACK PATRICIA J 3380 GARRISON ST WHEAT RIDGE CO 80033 FARRINGTON ERIC FARRINGTON KIMBERLY B 3288 GARLAND ST WHEAT RIDGE CO 80033 HILLIARD WILLIAM F 655 LUPINE ST GOLDEN CO 80401 HUFFMAN ELAINE M PAULSON ELAINE C 9080 W 35TH AVE WHEAT RIDGE CO 80033 JENUINE MICHELLE YVETTE KEEL JENUINE CHRISTOPHER 3315 ZEPHYR CT WHEAT RIDGE CO 80033 LANGSTON ROSE ANN 2000 LITTLE RAVEN ST 703 DENVER CO 80202 MCNURNEY RYAN MCNURNEY HEATHER 3385 GARLAND ST WHEAT RIDGE CO 80033 MONSON JANET L 9140 W 35TH AVE WHEAT RIDGE CO 80033 BROENING JOHN HISSOM YASMIN LOZADA 3385 FLOWER ST WHEAT RIDGE CO 80033 DIPIETO CAROLYN 3400 GARRISON ST WHEAT RIDGE CO 80033 FRICKE ALEXIS L 9160 W 35TH AVE WHEAT RIDGE CO 80033 HINKLE WAYNE S HINKLE ALICE J 3420 GARLAND ST WHEAT RIDGE CO 80033 ISBELL ROSEMARY B 3375 GARLAND ST WHEAT RIDGE CO 80033 KIMES LINDA ANN 9120 W 35TH AVE WHEAT RIDGE CO 80033 LILIENTHAL PETER 2200 KNOLLWOOD DR BOULDER CO 80302 MILLICAN REVOCABLE LIVING TRUST 3390 FLOWER ST WHEAT RIDGE CO 80033 MONTURI JACK C GREENFIELD CAROL A 3490 GARLAND ST WHEAT RIDGE CO 80033 COOK ANGELA R COOK ANGELA RENEE 9125 W 35TH AVE WHEAT RIDGE CO 80033 ELDREDGE JOHN M 3505 GARRISON ST WHEAT RIDGE CO 80033 GRUENHAGEN SHAWN GRUENHAGEN JEANETTE 3495 GARLAND ST WHEAT RIDGE CO 80033 HUCKABY DONALD E JR HUCKABY JENNIFER S 9155 W 35TH AVE WHEAT RIDGE CO 80033 JEFFERS RODNEY L JEFFERS KELLY L 3401 GARLAND ST WHEAT RIDGE CO 80033 KUPFER BRUCE A 9100 W 35TH AVE WHEAT RIDGE CO 80033 MCGEE JAMES M MCGEE SHARON L 3276 GARLAND ST WHEAT RIDGE CO 80033 MIRACLE OF LOVE FOUNDATION 4277 W 43RD AVE DENVER CO 80212 MUNIZ JAMES S MUNIZ DENISE D 3460 GARLAND ST WHEAT RIDGE CO 80033 OMER CLEO D PLUMB MITCHELL J PLUMB PRENDERGAST WILLIAM J 3400 GARLAND ST CAROLYN J 3325 GARLAND ST WHEAT RIDGE CO 80033 3370 GARRISON ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 PULA JENNIFER R KIMBALL JOANNE PORCELLI PULA RICHARD J 3290 FIELD ST WHEAT RIDGE CO 80033 SCOTT TROY SCOTT LACY ANN 3390 GARRISON ST WHEAT RIDGE CO 80033 WHEATRIDGE WATER DIST 6815 W 38TH AVE WHEATRIDGE CO 80033 WILKINS JOHN M 3250 GARRISON ST WHEAT RIDGE CO 80033 ROBERT H JANOWSKI REVOCABLE TRUST 120 MEDINAH PL SAN RAMON CA 94583 SHAW MARK J HILD HEIDI L 3445 GARLAND ST WHEAT RIDGE CO 80033 WHITE KENNETH EUGENE WHITE BEVERLY ANN 3375 FLOWER ST WHEAT RIDGE CO 80033 WILSON DEBRA E WILSON ROBERT J 9195 W 35TH AVE WHEAT RIDGE CO 80033 ROSENOW ROSS ROSENOW VALERY 3485 GARLAND ST WHEAT RIDGE CO 80033 SINGSON PATRICK G 3280 GARLAND ST WHEAT RIDGE CO 80033 WIDE HORIZON INC 8900 W 38TH AVE WHEAT RIDGE CO 80033 Al § in2 U ./ \ C/ c \ [ o ± o Cc \/ e o E o /\ / { E 0 � \ \ z \ u ¥ � l�Iil•!�f< ¥ � LACY A. SCOTT 3390 Garrison Street, Wheat Ridge, CO 80033 (303) 619-9320 November 24, 2015 City of Wheat Ridge Community Development Department 7500 West 290' Ave. Wheat Ridge, Colorado 80033 RE: Case Number: WA -15-14 Property Address: 3400 Garrison St., Wheat Ridge, CO To Whom It May Concern: We own and reside at property located at 3390 Garrison, St., Wheat Ridge, CO which is directly adjacent to 3400 Garrison St., Wheat Ridge (hereinafter "3400 Garrison"). It is our understanding that 3400 Garrison is requesting to build a six (6) foot solid wood fence in the front yard of the property. We adamantly object to this request for the following reasons: 1. Safety Concerns We believe that a six-foot solid wood fence in the front yard of 3400 Garrison would obstruct our view of Garrison Street and pose a safety concern when we back out of our driveway. Numerous people walk on Garrison Street whether it be neighbors, neighbors and their dog(s), children, or employees of Lutheran Hospital. As such, a clear view of Garrison Street is vital when we back out of our driveway. A six-foot solid wood fence would prevent us from a clear and unobstructed view of Garrison Street until we reach the street itself. As such, this poses as a safety concern and traffic hazard. 2. Harmony and Compatibility_ A six-foot solid wood fence in the front yard of 3400 Garrison would completely destroy the harmony and compatibility with the area and our property. First we do not have a fence in our front yard and to allow the property directly adjacent to ours to have a six-foot solid wood front yard fence would destroy the harmony and compatibility of our house. Further, there are no houses in our neighborhood or surrounding neighborhoods that have a six-foot solid front yard fence. To allow this exception would destroy the harmony and compatibility of our neighborhood. We moved into Wheat Ridge and our neighborhood for the character of the homes which were harmonious and compatible with each other. To allow 3400 Garrison to build a fortress with a six-foot solid wood fence would completely destroy the character of our neighborhood. Further, in the Letter Notice we received, it notes that 3400 Garrison would preserve the existing brick pillars and remove the wrought iron and replace it with cedar. If this variance is granted it is imperative that the wrought iron is removed. 3400 Garrison did not remove the wrought iron on her existing fence adjacent to our property and this is an eye sore for us and if the wrought iron is not removed for 3400 Garrison's front yard fence it would be a complete eye sore for the neighborhood and destroy the harmony and compatibility of the neighborhood. Variances should only be granted when there is a unique physical problem. 3400 Garrison does not have a unique physical problem. It has a regular land plot shape. Further, there are not similar conditions of neighbors having a six-foot solid front yard fence in our neighborhood, or even in the City of Wheat Ridge. Finally, a six-foot solid front yard fence at 3400 Garrison would be a detriment to the neighborhood by destroying the harmony and compatibility of our neighborhood. For the reasons stated above, we respectfully request that 3400 Garrison's request for a six- foot solid wood front yard fence be denied. Sincerely, A. v ZIAb k,� Lacy A. Scott Troy D. Scott 3390 Garrison St. Wheat Ridge, CO 80033 (303) 619-9320 City of Wheat Ridge Community Development 7500 West 29" Avenue Wheat Ridge, CO 80033-8001 Re: Case No. WA -15-14; 3400 Garrison Street November 25, 2015 Dear Community Development Department, Zach Wallace and/or Zoning Administrator, We are opposed to the solid 6 foot fence variance request by Carolyn Di Pietro at 3400 Garrison Street. This letter is intended to voice our concern and opposition as requested in your Letter Notice dated November 20, 2015. The following is an outline of our concerns. Due to the very limited time for response with the Thanksgiving holiday, we have limited our comments to the few that come immediately to the surface and are not inclusive of all of our concerns. 1. Safety. a. By installing a 6' fence in the front yard, the visibility is greatly reduced when residents or guests are leaving 3400 Garrison. Garrison is a street that is heavily used by area residents who walk and ride bikes and wheelchairs. Our neighborhood has many children and elderly who use Garrison for recreation and exercise. They use is very early in the morning and late at night in low or no light conditions. Decreasing visibility is of great concern for the safety of many people. The extreme caution that would be required for the residents and guests of 3400 Garrison is not practical that they would maintain a high level of caution for the years and decades that the fence would be in place. b. Our garage directly faces the proposed fence. A 6' solid fence would create a safety hazard for us and the residents and guests of 3400 Garrison. If we both exit our garage or driveways at the same time, there will be a greatly reduced amount of time to recognize a potential collision. c. A hazard is created by the narrow field of vision caused by the 6' solid fence so close to Garrison Street. Cars exiting 3400 Garrison facing forward will have to pull partially onto Garrison in order to view the street in both directions to see oncoming traffic, pedestrians, or cars exiting 3400 Garland or 3420 Garland. Cars backing out of the 3400 Garrison driveway would be even more of a safety hazard. 2. Neighborhood aesthetic. a. Many people choose to live in our Wheat Ridge neighborhood because of the feeling of our eclectic mix of housing designs and the open feeling of the low or no fencing surrounding each of our properties. This is particularly important in the properties that are on or adjacent or within sight distance of North Henry Lee Lake. Many people plan their walking routes in order to include an enjoyable view of the lake. By installing a 6' solid wood fence, it would limit the view for not only the people walking the neighborhood but the adjacent neighbors further up the street. b. We are concerned that it would set a precedent in our neighborhood for the other neighbors to also request fence height variances in their front yards. It can start to affect the overall community feeling and look of our neighborhood. We can immediately think of 2 of the neighbors on Garland and one other on Garrison that could possibly want a 6' fence as well. If a variance is granted for 3400 Garrison without any compelling reason that I am aware of, there would be less reasons why the other requests be denied. Property value. a. We are concerned that limiting the view of North Henry Lee Lake, even if it is not directly over the water, would decrease our property value at 3420 Garland and the property value of our neighbors which in turn would decrease our property value. When we purchased 3420 Garland Street 20 years ago, the real estate flyer used the lake view as a selling point. We strongly urge you to deny the request for a variance. Thank you for your time in considering our concerns. Sincerely, / 1, Wayne and Alice Hinkle 3420 Garland Street Wheat Ridge, CO 80033 Cell phone 303-946-8921 November 30, 2015 Case #WA -15-14 Re: fence height variance at 3400 Garrison Street To whom it may concern: I am writing to express my opposition to the variance being sought at the above referenced address. As one navigates the streets that border the North Henry Lee Reservoir, what is striking is that the vast majority of homes have either no fence around their front yards, or, in some cases, a very minimal, low and open fence. As one walks through the neighborhood, there is a friendly, welcoming feeling to the streetscape. I believe that the proposed 6' high, solid fence in the front yard would negatively impact that friendly feeling. It is also totally out of character with the other homes in the neighborhood. Also relevant to this petition is the fact that the front of the home is already bounded by a tall, iron fence. While this is unusual for the neighborhood, I believe the existing fence creates an excellent balance between security concerns and, at the same time, not creating an impenetrable visual barrier that isolates the home from the neighborhood. It is for these reasons that I request that the homeowner's petition for a variance be denied. Sincerely, L7t / - Steffen Andrews 9000 West 35th Avenue Wheat Ridge, CO 80033 Cleo Omer 3400 Garland St. Wheat Ridge, CO 80033 (303) 202-0593 November 25, 2015 City of Wheat Ridge Community Development Department 7500 West 29`h Ave. Wheat Ridge, Colorado 80033 Re: Case Number: WA -15-14 Property Address: 3400 Garrison St., Wheat Ridge, CO To Whom It May Concern: I reside at 3400 Garland St. and face directly across Garrison from the subject property. The proposed 6 foot high solid privacy fence is unacceptable for many reasons as stated below. Existing Situation: There presently exists a wrought iron fence on top of about a 2 foot high brick wall. I doubt if this fence built about 5 years ago had a building permit. It is higher than 4 feet and possibly should be torn down so it is in compliance with the Zoning Code Regulations that limit front fences no higher than 4 feet. Zoning Code Ordinance: The Zoning Code Regulations, Section 26-603 of the Municipal Code is very clear on limiting fences in the front yard to 4 feet. Exceptions are permitted ".. for decorative, open -type fences (such as wrought iron) and for posts or column caps". The proposed fence is not one of these fence types. If you permit a 6 foot high fence and it is placed on the existing 2 foot brick wall, the fence would be nearly 8 foot tall. The only fence that you can presently permit is a 2 foot fence on top of the approximately 2 foot high wall. Envision Wheat Ridge: This document developed over many years by Wheat Ridge is suppose to guide development so that it is consistent with "... the overall character and vernacular of the surrounding neighborhood". An 8 foot high solid wall is not in keeping with this Envision goal. Envision also had a Policy that the City promote neighborhood -level planning so neighborhoods would retain unique identifying features. If the City allows an 8 foot fence or even a 6 foot high fence they are basically dictating to the neighborhoods what the City feels the neighborhoods should look like. Summary: ➢ The existing 5 year old fence was probably built without a permit and is already in violation of the Zoning Code. ➢ A 6 foot or potentially an 8 foot high fence is a violation of the Zoning Code Regulations. ➢ The proposed fence is not compatible with Envision Wheat Ridge goals and policies. It is unfortunate a resident is requesting to make a mockery of Envision Wheat Ridge, but as a City Representative you have an ability to stop the fence. Sincerely, Cleo Omer F) City of W heat:idgc LETTER NOTICE CERTIFICATION (as required pursuant to Code Section 26-109.D) Case No.: WA -15-14 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 November 30, 2015. I Tammy Odean, Administrative Assistant, Community Development Department, hereby certify that I mailed a total of 8 letters on November 20, 2015 to the attached recipient list. f Signature: Date: /l- -)G - /.5^ 1 City of Wheat�c]ge 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 November 20, 2015 Dear Property Owner: This letter is to inform you of Case No. WA -15-14, a request for approval of a 2 - foot (33%) variance from the 4 ft. maximum fence height permitted in a front yard, for a solid fence resulting in a 6 foot fence for a property zoned Residential -One A (R-1 A) and located at 3400 Garrison Street. 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 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 November 30, 2015. Thank you. WA1514.doc "'wis'A.wheatridge.co.us The subject site -3800 Garrison Street—is outlined in red in the aerial image below. The image below is the site plan for 3800 Garrison Street indicating the location of the proposed Fence variance. rocauon or exisuny o-tuut —lu --- The proposed fence will be of the same construction. T Aa3Ab-09-009-L woYAJane*mmm FRICKE ALEXIS L 9160 W 35TH AVE WHEAT RIDGE CO 80033 LILIENTHAL PETER 2200 KNOLLWOOD DR BOULDER CO 80302 SCOTT TROY SCOTT LACY ANN 3390 GARRISON ST WHEAT RIDGE CO 80033 T n 009LS ®A?J3Ad V ,wdn-dod pjogaj 81 J81ipAeJ wawaoMW ap uge ajn42e4 el q zogd- as ap sues v HINKLE WAYNE S HINKLE ALICE J 3420 GARLAND ST WHEAT RIDGE CO 80033 @09LS ®Aa3AV 11jege6 al zosimn .1018d a solpel sauanbiq LANGSTON ROSE ANN 2000 LITTLE RAVEN ST 703 DENVER CO 80202 MUNIZ JAMES S MUNIZ DENISE OMER CLEO D 3460 GARLAND ST 3400 GARLAND ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEATRIDGE WATER DIST 6815 W 38TH AVE WHEATRIDGE CO 80033 Twi96P3 dn-dod asodxa jaded P883 T ®09Ls a;eldwal ®AGaAV ash I o; auil 6uole puag slagel mlaad Ase3 1*64i City of ]��Wh6atRidgyc LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29'h Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 1 (Please print or type all information) / G Applicant �� I rl 1 k 9-1 Xb Address 34CC Gct e S o n �+ Phone36:3 City Stated o Zip ADD 33 Fa?03 - Z3 Z -666 OwnerS YYl Address Phone City State Zip Fax Contact Address Phone City State Zip Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) j p Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): Please refer to submittal checklists for complete application requirements; incomplete applications will not be accepted. O Change of zone or zone conditions O Special Use Permit O Subdivision: Minor (5 lots or less) • 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 Q Variance/Waiver (from SectionQ6 _ k;0) O Planned Building Group O Right of WayVacation O Other: Detailed description of request:-+�,C�J Cea �,e r1 C IY1g to 'QX �-tS-tl �1k }art L,k Required information: 1� _ Assessors Parcel Number: r1 ' 0� — b Z Size of Lot (acres or square f tage): 3 1 5 Z Current Zoning: Proposed Zoning: n Current Use: rg Oe hue Proposed Use: / certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application. / am acting with the knowledge and consent of those p sons listed of e, ithout whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power att ney fro, the ,r r which approved of this action on his behalf. Notarized Signature of Applicant y State of Co ora } ss ` Fl IZABETH HEDBERG County of ` �s� The foregoing instrument (Land Use Processing App by me thisI4*47% d yof N rj�W,20LTby Notary Fqblic My commission expires —/—/20— To /20 To be filled out by staff: Date received l t l t Z l-'70 1,5 Comp Plan Design.1 Related Case No. — — NOTARY PUBLIC acknowledgedSTATE OF COLORADO �� of n NOTARY ID 19934018725 C OMMISSION EXPIRES DECEMBER 1 Fee $ 200 Receipt No. Case No. ;ZA ,5 4/ Zoning (L- �4 Quarter Section Map 7 Pre -App Mtg. Date Case Manager Lao.\lac e_ Land Title Document Delivery �t e.�sll land Title Your Documents from Land Title 3400 GARRISON STREET • Warranty Deed R, eceDtion Number: 2013126735 Sophia Young Closing Team Lead Colorado Title License #352120 Land Title Guarantee Company 300 Union Blvd #101 Lakewood, CO 80228 Cell: 303-995-2042 Direct: 303-232-3111 Fax: 303-393-4723 syounitgc.com www.ltgc.com Land Title GUARANTEE COMPANY —.Since t967 -- 12/31/15 1:18 PM These images are provided for informational purposes only. They are not guaranteed as to availability or quality. These documents are PDF (Portable Document Format) files and can be viewed or printed with Adobe Acrobat ReaderTM. If you do not have Adobe Acrobat ReaderTM on your system, you can download it for free from Adobe. Some of these documents may be designed to print on LEGAL paper. To print these on LETTER paper, select the "Fit to Page" option from within the Acrobat Reader. If you want to print on LEGAL paper, select legal -size paper from within the "Print Setup" dialog box from within the Acrobat Reader. Having troubles viewing the PDF's on Firefox? Try installing a pdf plugin like PDF Viewer. Content in this email is Copyright LT Systems, L.L.C. All rights reserved. https://www.Itgc.com/email?id=sx-DTe-FtpR4DR9ccCqjKg Page 1 of 1 PGS 2 $16.00 DF $47.50 Electronically Recorded Jefferson County, CO Pam Anderson, Clerk and Recorder TD1000 Y �� IIII III 11111111111111111 I 11111 State Documentary Fee Special Warranty Deed Date: October 21, 2013 (Pursuant to 38-30-115 C.R.S.) $47.50 THIS DEED, made on October 21, 2013 by JEAN t1 TODD AND CARL L. TODD Grantor(s), of the County of JEFFERSON and State of COLORADO for the consideration of ($475,000,00) *** Four Hundred Seventy Five Thoumind and 00/100'** dollars in hand paid, hereby sells and conveys to CAROLYN DIPIETO Grantee(s), whose street address is 3400 GARRISON STREET WHEAT RIDGE, CO 80033, County of JEFFERSON, and State of COLORADO, the following real property in the County of Jeffersen, and State of Colorado, to wit: SEE ATTACHED "EXHIBIT A" also known by street and number as: 3400 GARRISON STREET WHEAT RIDGE CO 80033 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to general taxes for the year 2013 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documerus accepted by Grantees) in accordance with Record Tide Matter (Section 8.1) of the Contract to Bury and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable M; those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual lmowledge and which were accepted by Grantee(s) in accordance with Off - Record Title Matters (Section 8.2) and Current Survey Review (Section 9) of the Contract to Bury and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and other jogTODD CARE -r. TODD State of COLORADO ) ss. County of JEFFERSON ) The foregoing insuument was acknowledged before me on this day of October 21, 2013 by JEAN A. TODD AND CARL L. TODD Witness my hand and official seA 1. L My commission expiresN NN HUTCHiSO NOT PUBLIC IgYE OF COLORADO N ary Public ID 20134017354 MY COMMISSION OplRFS 0311!2017 When Recorded uILxrr uirttsiu GARRISON STREET WHEAT RIDGE, CO 80933 Form 13767 01/2011 swd.odt Special Warranty Deed (Photographic) K70392790 (17756568) EXHIBIT A LOT 1, EXCEPT THE NORTH 175 FEET THEREOF, AND LOT 2, TOGETHER WITH THE VACATED STREET BETWEEN LOTS 1 AND 2, GOODHART-STODDARD SUBDIVISION, EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: A PORTION OF LOT 2, GOODHART-STODDARD SUBDIVISION AND A PORTION OF THE STREET ADJACENT TO SAID LOT 2, VACATED BY RESOLUTION OF THE COUNTY COMMISSIONERS OF JEFFERSON COUNTY, COLORADO, A CERTIFIED COPY OF SAID RESOLUTION WHICH IS RECORDED 1N BOOK 1619 AT PAGE 75, JEFFERSON COUNTY RECORDS: BEGINNING AT SE CORNER OF SAID LOT 2, THENCE WEST 147.46 FEET TO THE SW CORNER OF SAID LOT 2, THENCE NORTH ALONG THE WEST LINE OF LOT 2, 100 FEET, THENCE EAST PARALLEL TO THE SOUTH L1NF. OF SAID LOT 2, 147.50 FEET MORE OR LESS TO THE EXTENDED EAST LINE OF LOT 2, THENCE SOUTH 100 FEET TO THE POINT OF BEGINNING: COUNTY OF JEFFERSON, STATE OF COLORADO. Form 13767 01/2011 swd.odt Special WarTanry Deed (Photographic) K70392790 1177565681 Property appraisal system JProperty Information GENERALINFORMATION Schedule: 086962 Status: Active Parcel ID: 39-271-07-015 Property Type: Residential Property Address: 03400 GARRISON ST WHEAT RIDGE CO 80033 5837 Mailing Address: SAME ADDRESS AS PROPERTY Neighborhood: 2406 - BEL AIRE,HILLCREST HEIGHTS, MELROSE MANOR AREA PROPERTY DESCRIPTION Subdivision Name: 287400 - GOODHART STODDARD Owner Name(s) DIPIETO CAROLYN 10/29/15 2:23 PM Block Lot Key Section Township Range QuarterSection Land Sqft 0001 OOB 27 3 69 NE 31652 0002 OOA 27 3 69 3133 0002 OSA 27 3 69 7012 Total 41797 Assessor Parcel Maps Associated with Schedule pmao39-271.odf PROPERTYINVENTORY Property Type RESID Design: Split Level Year Built: 1973 Improvement Number: 1 Adjustment Code Adjustment SgFt HOT WTR HEAT 2433 SALE HISTORY Sale Date Sale Amount 1 01-16-1973 13,500 03-21-1977 0 10-21-2013 475,000 5 TAX INFORMATION 2015 Payable 2016 Graphic Parcel Map MA12Quest Location Adjusted Year Built: 1989 Areas Quality Construction Sqft FIRST FLOOR Average M 1503 SECOND FLOOR Average F 930 WOOD DECK Average 123 ATTACH GARAGE Average M 1025 Land Characteristics Irregular Lot/Configuration Small Pond/Lake eed uit Claim Deed - Joint Ten :)ecial Warranty Deed View Mill Levy Detail For Year 2015 1 1 2014 http://jeffco.us/ats/displaygeneral.do?sch=086962 Page 1 of 2 ..hftp://ieffco.us/treasurer TAX DIST. 3141 DOING BUSINESS AS: ISEC.TWN. RNG. QTR. SQ.FT.LAND BLK LOT GOODHART STODDARD TAX AUTHORITY TAX LEVY` 27 03 69 NE 31652 000 27 03 69 3133 000 27 03 69 7012 000 RESIDENTIAL, 1 2 2 TAX NOTICE PROPERTY LOCATION: 3400 GARRISON ST KEY BOOK PAGE TAX AUTHORITY TAX LEVY` SCHOOL OOB K3126735 SCHOOL GEN 42.6760 OOA SCHOOL BND 7.4890 OSA COUNTY CNTY GEN'L 17.4990 DEV DISABL 1.0000 R&B SRVCS 1.4000* SOC SRVCS 1.4650* CAP'TL EXP 1.0570+ LIBRARY 3.4250* WHR 1.8300 UDFCD .6320* UDFCDSPLAT 0680* WFD 12.5860 WRSD 8.0280 PROPERTY VALUATION VALUATION ACTUAL ASSESSED LAND AND BUILDING 500,000 39,800 ASSESSMENT PERCENTAGE RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00% 9 TAX LEVY 99.1550 rte_ ,ee� Op RN FIN. INST. TAX AMOUNT 1,698.50 298.0E 696.46 39.80 55.72 58.31 42.07 136.32 72.83 25.15 2.71 500.92 319.51 3,946.36 FULL AMOUNT DUE APRIL 30 3,946.36 OR FIRST HALF DUE FEBRUARY 28 1,973.18 SECOND HALF DUE JUNE 15 1,973.18 DIPIETO CAROLYN 3400 GARRISON ST WHEAT RIDGE CO 80033-5837 nrlllrlrrlrlrlrl�rr�rlrlr�lr�rrlrin�lr�ll�lrllr�rrrr��lrll�rr� � 05 IF PAYING IN PERSON BRING ENTIRE TAX OTICE SEE REVERSE SIDE FOR FURTMFR uvrnRMATinni RETAIN THIS PORTION FOR YOUR RECORDS Variance for 3400 Garrison St Wheat Ridge, CO 80033 Carolyn DiPietro 303-669-2295 1. There would be no change in use, service or income and will be used under the conditions by regulation for the district in which it is located. 2. The variance would not alter the essencial character of the locallity, however, will provide security for the homeowner. 3. This is an investment in the property with the quality of fence, also providing saftey and security for the property. 4. Different vehicles stopping or people remaining in vehicles, creates an uneasy feel for the property owner. Fence would also create a barrier for my 2 new dogs barking at everything that goes down the street. 5. Not that I am aware of. 6. No. 7. No. 1 City of COW heat pU ge MMUNITY DEVELOPMENT Review Criteria: Variance 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: 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. 2. The variance would not alter the essential character of the locality. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. 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. 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. 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. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. 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.] XThe 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.] Community Development Department (303) 235-2846 www.ci.wheatridge.co.us Rev. 5/2014 PGS 2 $16.00 DF $47.50 Electronically Recorded Jefferson County. CO Pam Anderson, Clerk and Recorder TD1000 Y II I I ILII III II'I I II I II it I I III I I III State Documentary Fee Date: October 21, 2013 Special Warranty Beed $47.50 (Pursuant to 38-30-115 C.R.S.) THIS DEED, made on October 21, 2013 by JEAN A_ TODD AND CARL L. TODD Grantor(s), of tate County of JEFFERSON and State of COLORADO for the consideration of ($475,000,00) *** Four Hundm4 Seventy Five Thousand and 00/100 *** dollars in hand paid, hereby sells aril conveys to CAROLYN DIPIETO Grantee(s), whose street address is 3400 GARRISON STREET WHEAT RIDGE, CO 80033, County of JEFFERSON, and State of COLORADO, the following real property in the County of Jefferson, and State of Colorado, to wit: SEE ATTACHED "EXHIBIT A" also !mown by street and number as: 3400 GARRISON STREET WHEAT RIDGE CO 80033 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to general taxes for rhe year 2013 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Title Matter (Section 8.1) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable T1r); those specifically described rights of third parries not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off` Record Title Matters (Section 8,2) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and other A. TODD C .TODD State of COLORADO ) ss. County of JEFFERSON ) The foregoing instrument was acknowledged before me on rias day of October 21, 2013 by ,iEAN A. TODD AND CARL L. TODD Witness my hand and official se 1. My commission expires NN HUTCHISON NOT PUBLIC �74YE OF COLORADO N ary Public t.,UTA,Ry ID 20134017354 MY COMMISSION EXPIRES 0yY1tZ017 When Recorded ULY14 VIIFRrIV GARRISON STREET WHEAT RIDGE, CO 80033 Form 13767 01/2011 swd.odt Special Warranty Deed (Photographic) K70392790 (17756568) land T)k Jefferson County, Colorado - jMap Jefferson County, CO Property Information Buffer From Property Owner Info Lot Links Visible Layers Assessor Information Tax Information Permit Activity Address Wizard Documents: Dmao39-271.odf 0 30 60ft 10/29/15 2:33 PM This program will allow you to access Jefferson County spatial datasets,query them,and produce cartographic quality maps. The information presented here is part of Jefferson County's ongoing commitment to provide online services to its citizens. ^' Every effort has been made to offer the most current and accurate information possible. http://jeffco.us/maps/jmap/ Page 1 of 1 Carolyn DiPietro <carolyndipi@icloud.com>ci To. edgeinn@yahoo.com (No Subject) November 4, 2015 11:38 AM 3 Attachments, 341 KB loa a (rib so C 1;�� Sent from my Phone ` 6 CLA'vl J Carolyn DiPietro <carolyndipi@icloud.com>(i To edgeinn@yahoo.com (No Subject) November 10, 2015 12:26 PM _ 4 Attachments, 142 KB 4(MJ.J\ peow on SDU13e 4' frcyo-111. WO p �d afea -+0 TenG2, c toss Str e��- o� � �r� R r-e� a 1� -Nnu. -DOR -�o business, f)tJme�o�s QL rQI lYs t oaa D� do�bl� all h ours 'Ihe h8 S 0 ff Les Qi( &fin� T ' ra, 44 , . d!#fo-- -W m