HomeMy WebLinkAboutWA-16-04City of
Wheatjdge
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
March 16, 2016
Mr. Bruce Martinsen
7810 W. 46th Avenue
Wheat Ridge, CO 80033
Re: Case No. WA -16-04
Dear Mr. Martinsen:
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Please be advised that your request for a 5 -foot variance from the 25 -foot side yard setback when
adjacent to a public street, for construction of an addition to the existing home at 7810 W. 46t11
Avenue has been approved.
Enclosed is a copy of the Approval of Variance. Please note that all variance requests
automatically expire within 180 days (September 12, 2016) of the date it was granted unless a
building permit for the variance has been obtained within such period of time.
You are now welcome to apply for a building permit to construct the addition. Please feel free to
be in touch with any further questions.
Sincerely,
Tammy Odean
Administrative Assistant
Enclosure: Approval of Variance and Staff Report
Cc: WA -16-04 (case file)
WA 1604.doc
www.ci.wheatridge.co.us
7500 West 29th Avenue I I City of
Wheat Ridge, Colorado 80033 _�Wh6atP.Ldge
303.235.2846 Fax: 303.235.2857
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 7810 West 46`h
Avenue referenced as Case No. WA -16-04 / Martinsen; and
WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section
26-115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and
WHEREAS, the Community Development Department has properly notified pursuant to Section
26-109 of the Wheat Ridge Code of Laws; and
WHEREAS, there were no registered objections regarding the application;
NOW THEREFORE, be it hereby resolved that a 5 -foot variance to the 25 -foot side yard setback
requirement when adjacent to public street on property in the Residential -Two (R-2) zone district
(Case No. WA -16-04 / Martinsen) is granted for the property located at 7810 West 46`h Avenue,
based on the following findings of fact:
I. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
3. The alleged hardship has not been created by any person presently having an interest in the
property.
4. The request would not be detrimental to public welfare.
5. The request will assist in allowing the applicant and his wife to age in place.
6. The request is consistent with the Neighborhood Revitalization Strategy's goal for the
modernization and expansion of Wheat Ridge's housing stock to make it more livable and
marketable for current and future homeowners.
With the following conditions:
1. The addition shall be consistent with the architectural representations shown on the
submittal, or other as approved by Staff.
Date
��A41
City of
Wh6atP,Ldge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Community Development Director DATE: March 16, 2016
CASE MANAGER: Zack Wallace
CASE NO. & NAME: WA -16-04 / Martinsen
ACTION REQUESTED: Approval of a 5 -foot (20%) variance from the 25 -foot side yard setback
requirement when adjacent to a public street on property located at 7810 West
46`h Avenue and zoned Residential -Two (R-2)
LOCATION OF REQUEST: 7810 West 46`h Avenue
APPLICANT (S):
OWNER (S):
APPROXIMATE AREA:
Bruce and Leslie Martinsen
Bruce and Leslie Martinsen
13,226 Square Feet (0.304 Acres)
PRESENT ZONING: Residential -Two (R-2)
PRESENT LAND USE: Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) NEIGHBORHOOD REVITALIZATION
(X) ZONING ORDINANCE STRATEGY
Location
Administrative Review
Case No. WA -16-04 /Martinsen
Site
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to make an
administrative decision.
I. REQUEST
The applicant is requesting approval of a 5 -foot (20%) variance from the 25 -foot side yard setback
requirement for a side yard adjacent to a public street, resulting in a 20 -foot side yard setback. The
purpose of this variance is to allow for the homeowner to construct an addition onto the existing home.
Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of
Community Development to decide upon applications for administrative variances from the strict
application of the zoning district development standards that are not in excess of fifty (50) percent of
the standard.
II. CASE ANALYSIS
The variance is being requested so the property owners may construct an addition to the south side of
their home. The property is located on the southwest corner of West 46`h Avenue and Yarrow Street.
The existing house sits on a 13,226 square foot parcel and was originally constructed in 1948 per the
Jefferson County Assessor (Exhibit 1, Aerial and Exhibit 2, Improvement Location Certificate). The
property is zoned Residential -Two, as is much of the area to the west of the subject property. To the
east of the subject property are areas of Residential -Three (R-3) and commercial zones which front
Wadsworth Boulevard, primarily Commercial -One (C-1), Neighborhood Commercial (NC), and
Restricted Commercial (RC) (Exhibit 3, Zoning Map).
The R-2 zone district provides for high quality, safe, quiet and stable low to moderate -density
residential neighborhoods, and prohibits activities of any nature which are incompatible with the
residential character. All residential zone districts require larger side and rear yard setback minimums
when adjacent to public streets. In the R-2 zone district a side or rear yard abutting a public street shall
have a minimum setback of 25 -feet for all structures. The proposed addition to the home will encroach
upon this required setback, prompting the request for a 5 -foot variance to the 25 -foot setback, a
variance of 20% (Exhibit 4, Site Plan).
The site plan illustrates that alternatives are possible. However, the addition, as proposed, would be
built in-line with the existing house, helping to create a feeling of the entire house being built at the
same time. As the house sits askew from the property lines, extending the existing addition pushes the
house slightly into the larger required setback adjacent to public streets. A large amount of foliage and
shrubbery surrounds the street frontages of the property making the existing house largely concealed
from both Yarrow Street and West 46`h Avenue (Exhibit 5, Site Photos). The foliage will remain, and
the addition will be largely obscured from view of the right-of-way.
The site plan (Exhibit 4, Site Plan) indicates the west side yard setback for the existing home is 3 -feet.
This encroaches upon the minimum 5 -foot side yard setback by 2 -feet. However, aerial photography
shows this condition appears to have been in existence since at least the early 2000s, and an
Improvement Location Certificate found in the City's building permit records from 1998 indicates the
side setback encroachment. No major improvements have been identified by the Jefferson County
Administrative Variance 2
Case No. WA -16-04 /Martinsen
Assessor (`adjusted year built'), and as such it is possible this 3 -foot setback has existed since the
construction of the home in 1948. Per Section 26-120 of the Municipal Code, the addition on the west
side of the property, which is 3 -feet from the property line, is allowable as it does not encroach beyond
the existing nonconforming setback.
Finally, the applicant is proposing a substantial investment in the property, and an investment
supported by the Neighborhood Revitalization Strategy (NRS). The NRS calls for the rehabilitation of
Wheat Ridge's older and smaller (as compared the Jefferson County market demands) housing stock.
The rehabilitation of this older and smaller housing stock through upgrades, additions and the like will
help homes become more marketable for future homeowners. The proposed addition would more than
double the size of the home.
Ultimately, the variance request would result in a 20 -foot side yard setback, and the proposed addition
would meet all other development standards including height. The parcel meets minimum standards
for the R-2 zone district, and total building coverage with the proposed addition would be
approximately 280/6—below the maximum 40% allowed in R-2. The following table compares the
required R-2 development standards with the actual and proposed conditions:
R-2 Development Standards: Required Actual
Lot Area 9,000 square feet min 13,226 square feet
Lot Width (corner lot) 80 feet (min) 90 feet (W. 46` Ave.)
140 feet Yarrow St.
One -family dwelling:
Required
House + Proposed Addition
Building Coverage
40% (max)
-28%
Height
35 feet max
19 feet
Front Setback (North)
25 feet (min)
34.4 feet
Side Setback East - Yarrow Street
25 feet min
20 feet
Side Setback (West)
5 feet (min)
3 feet - addition to be built in-
line with the existing non-
conforming setback
Rear Setback (South)
10 feet (min)
14 feet
During the public notification period neither inquiries nor objections were received regarding the
variance request.
III. VARIANCE CRITERIA
In order to approve an administrative variance, the Community Development Director must determine
that the majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have been
met. The applicant has provided their analysis of the application's compliance with the variance
criteria (Exhibit 6, Request). Staff provides the following review and analysis of the variance criteria.
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located.
Administrative Variance
Case No. WA -16-041 Martinsen
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.
A variance is not likely to alter the character of the locality. The R-2 zone district allows
homes of the proposed size, and much of the addition would be obscured by the existing
shrubbery which almost completely obscures the property from view of the public right-of-
way.
Staff finds this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
The applicant is proposing a substantial investment in the property, consistent with the
Neighborhood Revitalization Strategy. While it may be possible for the applicant to construct
the addition without the variance, the desire to construct the addition in a manner that is
consistent with the existing house prompts the need for this variance request. Without the
variance a corner of the addition would need to be squared off to comply with the setback
requirement. Cutting off this portion of the addition would alter the flow of the home, and
appear to be an awkward deviation from the horizontal plane of the rest of the house.
While a different configuration of the addition may not require a variance, the proposed
configuration would keep the orientation of the addition consistent with the orientation of the
existing home, which is askew from the property lines.
Staff finds this criterion has been met.
4. The particular physical surrounding, shape or topographical condition of the specific
property involved results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
There are no topographical conditions present on the property that create a particular and
unique hardship. However, being a corner lot triggers the need for two frontages of the
structure to be setback at least 25 -feet from the property line adjacent to a public street. The
orientation of the home askew from its property lines is somewhat unique. However, none of
these factors create a situation wherein a particular and unique hardship is placed upon the
owner.
Staff finds this criterion has not been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
Administrative Variance
Case No. WA -16-04 / Martinsen
The alleged difficulty relates to the desire to create a seamless transition between the existing
home and the addition. This requires building in line with the existing home, creating a corner
of the addition which encroaches into the 25 -foot setback requirement when adjacent to a
public right-of-way. Because the current owner neither platted the lot, nor constructed the home
in its current location or orientation, the difficulties have not been created by any person
presently having an interest in the property.
Staff finds this criterion has been met.
6. The granting of the variance would not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is located,
by, among other things, substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or increasing
the danger of fire or endangering the public safety, or substantially diminishing or
impairing property values within the neighborhood.
The request would not be detrimental to public welfare and would not be injurious to
neighboring property or improvements. It would not hinder or impair the development of the
adjacent properties. The adequate supply of air and light would not be compromised as a result
of this request.
The request would not increase the congestion in the streets, nor would it cause an obstruction
to motorists on the adjacent streets. The addition would not impede the sight distance triangle
and would not increase the danger of fire.
It is unlikely that the request would impair property values in the neighborhood. The addition
may in fact have a positive impact on the neighborhood, as is mentioned in the Neighborhood
Revitalization Strategy, which encourages the expansion and modernization of Wheat Ridge's
older and smaller housing stock to meet the needs of current and future homebuyers.
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.
There are no unique or unusual circumstances present in the neighborhood that are also present
on the property that necessitate the need for a variance.
Staff finds that this criterion has not been met.
8. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
While single family homes and their accessory buildings are not required to meet building
codes pertaining to the accommodation of persons with disabilities, it should be noted that the
proposed addition will allow the current homeowners to age in place. The applicant's proposed
addition is a ground level addition, minimizing the amount of stairs in the home. The applicant
stated that this will help his wife remain mobile, and age in place.
Administrative Variance
Case No. WA -16-041 Martinsen
Staff finds this criterion has been met.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual;
The Architectural and Site Design Manual does not apply to single and two family dwelling
units.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the review criteria, staff recommends
APPROVAL of a 5 -foot (20%) variance from the 25 -foot side yard setback requirement for a side yard
adjacent to a public street. Staff has found that there are unique circumstances attributed to this request
that would warrant approval of a variance. Therefore, staff recommends approval for the following
reasons:
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
3. The alleged hardship has not been created by any person presently having an interest in the
property.
4. The request would not be detrimental to public welfare.
5. The request will assist in allowing the applicant and his wife to age in place.
6. The request is consistent with the Neighborhood Revitalization Strategy's goal for the
modernization and expansion of Wheat Ridge's housing stock to make it more livable and
marketable for current and future homeowners.
With the following conditions:
1. The addition shall be consistent with the architectural representations shown on the submittal,
or other as approved by Staff.
Administrative Variance 6
Case No. WA -16-041 Martinsen
EXHIBIT 1: AERIAL
Administrative Variance
Case No. WA -16-041 Martinsen
EXHIBIT 2: IMPROVEMENT
LOCATION CERTIFICATE
AAA SURVEYING LAND CONSULTANTS, LLC
P.O. BOX 2016, CO 80107
303-519-7015/FAX 303-940-4927
IMPROVEMENT LOCATION CERTIFICATE
A TIEN:
JOB NO. 16-0113
DATE: 0111412076
FEE: $ 275.00 (PAID BY CHECK)
CLIENT :
ADDRESS: 7810 WEST 46TH AVENUE SCALE 1"=25•
LEGAL DESCRIPTION
(PER CLIENT)
LOT 13, BLOCK 2, HILLCREST HEIGHTS, COUNTY OF
JEFFERSON, STATE OF COLORADO.
7810 WEST 46TH AVENUE (50')
•1 /I
LOT 13
I � I
o. \'
� H i
o c /
15.6 •� NOTE: NO EASEMENTS
SHOWN ON THE SUB-
DINSION PLAT. LOCAL
BUILDING DEPT. SHOULD 61
CONTACTED PRIOR TO ADDING
ANY IMPROVEMENTS
U
N
SHED
LEGEND
EXISTING
0 x FOUND PIN/CAPS
• FOUND #4 REBAR
+ FOUND CROSS
NOTE: SURFACE IMPROVEMENTS
MAY BE PARTIALLY DEPICTED DUE
TO SNOW COVER AND/OR DEBRIS.
DO
O
J
j rT1
rn
O
ILC IS BASED ON LINES OF
POSESSION AND R.O. W. •s AS
SHOWN. ACCORDING TO MY
INTEPPRETA77ON OF
COLORADO LAW A BOUNDARY
SURVEY IS RECOMMENDED,
WHICH MAY PRODUCE
DIFFERENT RESULTS.
On the basis of my knowledge, information, and belief, I hereby certify that this improvement location cwtihcafe was Prepared
far that it is not o Land Survey Plat
or, Improvement Survey Plat and that it is not to be relied upon for the estoblishmenf of force, building, or other future
improvement lines. I further certify that the improvements on the above described parcel on this date, except utility cwnectiws,
are entirely within the boundaries of the parch, except as shown, that there are no encroachments upon the described premises
by improvements ininq premvses, except as indicated, and that there is no apparent endence or sign of any easement
crossing of bur of said parcel except as noted.
"NOTICE: A.
you must commence any legal action based upon any defect m this surety within three years
after you fir I. in no event may wy action based upon any defect in this survey be commenced more than
ten fihcotion shown hereon.' NOR.
cc Is o m U9N6PLA TIED ANRES OR
R A F JICARs Ain Drcw9awS
Au TIES Saw ro N all LM (+AW
Administrative Variance g
Case No. WA -16-04 /Martinsen
EXHIBIT 3: ZONING MAP
Administrative Variance
Case No. WA -16-04 /Martinsen
Setback envelo]
Existing home
Proposed addition
EXHIBIT 4: SITE PLAN
Property Boundar,
5 -foot setback
encroachment
61,
Administrative Variance 10
Case No. [VA -16-04 /Martinson
EXHIBIT 5: SITE PHOTOS
View of the property from W. 46`x' Avenue looking south. The applicant's house can be seen
between the trees and behind the vehicle. This is the most visible portion of the home.
WNW
Administrative Variance
Case No. WA -16-041 Martinsen
View of the east side of the property looking west. The roof of the existing home is visible. The
proposed addition will extend from this portion of the home towards the fence and bushes visible on
the left side of the photo.
55``;
� -•! J.t
View of the property from Yarrow Street looking northwest. The roof of the existing home is
visible. The proposed addition will extend from this portion of the home towards the fence and
bushes visible near the center of the photo.
Administrative Variance ,
Case No. WA -16-041 Martinsen
EXHIBIT 6: REQUEST
Response to Variance Review Criteria
A ) If the variance was not granted we would not be able to expand the home which would allow us greater
movement in the home. The improvement would also increase the value and marketability of the
residence.
B) The area where the variance is needed is in the middle of my property and on a street side, there is a
large hedge row along that street and the change would hardly be noticed to anyone outside the yard. We
will be following original house lines so it will appear as constructed all at once.
C) Due to the angle the house sits on the property if I were to follow the regulations my proposed addition
would be cut in half and what we wish to accomplish would not be possible.
D) If the strict letter of the regulations were carried out It would result in the cropping off a 4' corner on the
house plan, doing this would make it look added on. The addition won't affect water drainage on or
around the property.
E) There is no one presently or previously who has created any hardship with an interest in this property.
F) Again the area of my need for this variance is not adjacent to any property just a road and although I am
looking to be 20' instead of 25' the building will still be 28' from the road. No light, air or views will be
altered with this improvement to any adjacent homes or to my yard.
C) The only circumstance around my need for the variance is the positioning of the home and there are
others in my neighborhood with their homes set at angles that would require a variance if they were to
build.
Ill As we are getting older my wife needed to be on one floor expanding the home the way we have planned
will allow her to move around easily.
1) We have contracted an Architect to see that we are in compliance and astatically appealing.
Building plan
The height of the house will not increase it will remain at 19 r. The construction will match the existing
house being a wood frame and wood siding. We will be attaching a 25 panel solar array and open the
house to more light. We will continue with a sand natural color, as the rest of the house is painted.
Feasibility of alternative designs
We looked at other ways first was to add a second floor, but this would not work we are trying to get
away from stairs; they don't work well with my wife. We could cut of the small corner of the house, in
the plan, but that would be difficult to imposable to blend in.
The 9'x5'x8' right triangle we are asking for a variance on will not create an eye sore but will improve the
quality of our lives and that of the neighborhood.
Administrative Kiriance 13
Case No. 117A-16-04 / Mar tinsen
POSTING CERTIFICATION
CASE NO. WA -16-04
DEADLINE FOR WRITTEN COMMENTS: March 15, 2016
residing at
City of
W heat },idge
(name) _
(address)
as the applicant for Case No. WA -16-04
Public Notice at
hereby certify that I have posted the sign for
7810 West 46`h Avenue
(location)
on this day of /" L A 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
,;2, 10
(City, of
W heat idge
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 ten (10) continuous days prior to and
including the deadline for written comments [sign must be in place until 5pm on
Oetv►�
a7G 1
abef rzv; 5
M NaC.M IS ( Zpl b
It is the applicant's responsibility to certify that these requirements have been met and
to submit a completed Posting Certification Form to the Community Development
Department.
City of
Wheat�idge
COMMUNITY DEvELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
LETTER NOTICE
March 4, 2016
Dear Property Owner:
This is to inform you of Case No. WA -16-04, a request for a 5 -foot (20%) variance
from the 25 -foot side yard setback requirement when adjacent to a public street for
property zoned Residential -2 (R-2) located at 7810 West 46�h 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 adjacentyroaerty owners are required to be notified of the request.
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 March 15, 2016.
Thank you.
WA 1604.doc
www.ci.wheatridge.co.us
Site 1'1,111
Setback envelope
Existing home
Proposed addition
Exhibit
Property Boundary
5 -foot setback
encroachment
GAGNON ROBERT STEPHEN HAMPLEMAN THOMAS A
COURSEN SUSAN GAGNON JACQUELINE HAMPLEMAN BETTY
4594 YARROW ST 4585 YARROW ST 4590 YARROW ST
WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033
HOLDMAN JON M HOLDMAN
TINA G
7865 W 46TH AVE
WHEAT RIDGE CO 80033
TORREZ ANTHONY RAY TORREZ
LORABEL A
4560 YARROW ST
WHEAT RIDGE CO 80033
MARTINSEN BRUCE R
MARTINSEN LESLIE E
7810 W 46TH AVE
WHEAT RIDGE CO 80033
WALKER ROBERTA J
7867 W 46TH AVE
WHEAT RIDGE CO 80033
STONE DAVID A
7850 W 46TH AVE
WHEAT RIDGE CO 80033
�� CREDIT UNION
'We sterra
January 25, 2016
Bruce R Martinsen MS1290
Leslie E Martinsen
7810 West 46th Avenue
Wheat Ridge CO 80033 -
RE: Loan Number: 1436518664
Dear Bruce R Martinsen and Leslie E Martinsen
As requested, we have enclosed the following document(s):
Deed of Trust
If you have any questions, please call us at 1-866-657-0139.
Sincerely,
Research Department
Enclosure(s)
QC302/TDG
1 Corporate Drive
Suite 360
Lake Zurich, Illinois 60047-8945
866.657.0139
www.westffmcu.com
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances end administrative rules and orders (that have the effect of law) as well as all applicable final,
non -appealable Judicial opinions,
(J) "Communlry Associatlon Dues, Fees, and Assessments" means all dues, fees, assessments
and other charges that are imposed on Borrower or the Property oy a condominium association,
homeoMmers assoc;anon or similar organization.
(I) "Electronic Funds Transfer" means any transfer of funds, other then a transaction originated
by check, craft, or slml,ar paper Instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine trarrsactions, transfers init.ated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Rams" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
oroceeds paid by any third party (other than insurance proceeds paid under the coverages described in
Section 5) for (i) damage to, or destruction of, t^.e Property; (ii) oondernnation or other taking of ail or any
part of the Property; (iii) conveyance in lieu of condemnation; or (N) m,srepresantalions of, or omissions
as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and Interest
under the Note, plus (II) any amounts under Secton 3 of this Security Instrument.
(P) "RESPA" means the Reel Estate Settlement Procedures Act (12 U.S.C. §2601 at seq.) and es
implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As
used In tris Security Instrument, 'RESPA- refers to all requirements and restrictions that are imposed in
regard to a-fedetully reialed mortgage loan" even if the Loan coes not qualt/ as a -federally related
mortgage loan' under RESPA.
(Q) "Successor In Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lander (i) the repayment of the Loan, and all renewals, extensions
and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements uneer
this Security Instrument and the Nets. For this purpose, Borrower, In consideration of the debt and trio
trust herein created, Irrevocably grants and conveys to Trustee, in trust, with power of sale, the following
described properly located in the COUNTY of Jefferson:
Lot 13, Block 2, Hillcrest Heights, according to the recorded Plat thereof,
County of Jefferson, State of Colorado.
which currently has the address of 7810 WEST 46TH AVENUE, WHAT RID(3E, Colurado 80033
("Property Address'):
TOGETHER V%ITH all Ute improvements now or he,eafter erected on the property, and all
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easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by INS Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property.'
BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereoy conveyed anc
has the right to grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower wan'ants and will defend generally the title to the Property against all
maims and remands, subject to any encumbrances of record and liens for taxes for the current year not
yet cue and payable.
:KS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security mstrument covering rest
property
UNIFORM COVENANTS. Borrower arid Lencer covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and late Charges.
Borrower shall pay when due the principal of, and irteree: on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow
items pursuant to Saclion 3. Payments due under the Note and this Security Instrument shall be rnade in
U.S. currency. However, if arty check or other nstrument received by Lender as payment under the Note
or this Security Instrument Is returned to Lencer unpaid Lender may require that any or all subsequent
payments due under the Note and this Security Instrument be made in one or more of lha following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
check or cashler's check, provided any such check is drawn upon an institution whose deposits are
insured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer.
Payments are deemed received by Lencer when received at the location designated in the Note
or at such other location as may be designated by Lm)oer in accordance with the notice provisions in
Section 15 Lender may return any payment or partial payment if the payment or partial payments are
Insufficient to bring the Loan current. Lender may accept any payment or partial payment Insufficient to
bring the Loan current, without waiver of any rights hereunder or prejudice to Its rights to refuse such
payment or partial payments in the future, but Lender is not otAgatec to apply such payments at the time
such payments are accepted. If each Periccic Payment is applied as of Its scheduled due dale, then
Lender need not pay interest on unapplied funds. Lender may hold such unapplled funds until Borrower
makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of lime,
Lender shall either app y such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from making
payments due under the Note an." this Security Instrument or performing the covenants and agreements
secured by tnis Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described In this Section 2, all
payments accepted and applied by Lender shell be applied In the foliowrg ordar of priority (a) inlefest
due under the Note; (o) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment In Me orcer in which d became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument
and then to reduce tt,,e principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payrnenl is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
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payment can be paid .ri full. To the exaant that any excess exists after the payment is applied to the fLit
payment of one or more Perledi„ Payments, such excess may be applied to any late charges due.
Voluntary prepayments shall be applied first to any prepayment charges and then as described .n the
Note.
Any applicatlon of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are
due under the Note, until the ,Note is paid In full, a sum (the "Funds') to provide for payment of amounts
due for: (a) taxes and assessments and other Items which can attain priority over this Securtty instrument
as a I er, or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any,
(c) premiums for any and all insurance requirrad by Lander under Section 5; and (d) Mortgage InsuramT
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance w,th the provisions of Section 10. These Items are called 'Escrow
Ile.ms.' Al origination or at any time during the term of the Loan, Lender may require that Comminity
Association Dues, Fees, and Assessments, if any, be escrowed by 3orfower, and such dues, fees and
assessments shall be an Escrow item. Borrower shall promptly fumish to Lender all notices of amounts
to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower's obligation to pay the FunCs for any or all Escrow Items. Lander may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in
writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lencer and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time peood as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be
deemed to be a covenant and agreement contained In this Security Instrument, as the phrase 'covenant
and agreement Is used in Section 9. If Borrower is obligated to pay Escrow Items elrectly, pursuant to a
waiver, and Borrower fails to pay the amount due for ar Escrow Item, Lender may exercise its nghts
under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay t s
Lender any such amount. Lender may revoke the waiver as to any or all Esanw Items at any time by a
ricke given in accordance with Section 15 and, upon Such revocation, Borrower shall pay lv Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) suffiaent to permit Lender to
apply the Funds at the t!me specified under RESPA, and (b) not to exceed the maximum amount a lender
can requ;re under RESPA. Lender shall estimate the amount of Funds due on the basis of current data
and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with
Applicable Law,
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or antlty, (including Lender, it Lender Is an Institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply Ira Funds to pay the Escrow Items no later than the
time specified under RESPA. Leader shall not charge Borrower for hording and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower
interest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement
is made In writing or Applicable Law requires interest to be paid on the Funes, Lender shall not be
required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in
wrhing, however, that interest shall be paid vn the Funds Lender shall give to Borrower, wthout charge,
an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance w'th RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall rob y Borrower as required by RESPA, ano Borrower shall pay to
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Lender the amount necessary to make up the shortage In accordance with RESPA, but In no more than
12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender
shall notify Borrower as required by RESPA, and Borrower shell pay to Lender the amount necessary to
make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment In Lill of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
ettnbutable to the Property which can attain priortty over this Secunly Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees. and Assessments, if any.
To the extent that these Items are Escrow Items, Borrower shall pay them in the manner provided in
Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by trio lien in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien In
good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion
operate to prevent the enforcement of the Hen whiie those proceedings are pending, but only, until such
proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
suoordinating the lien to this Security Instrument. If Lender determines that any part of the Property is
subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice
Ident.Vng the lien. Within 10 days of the dale on which that notice is given. Borrower shell satisfy the lien
or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a rea estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. 3(1 sha,l keep the improvements now existing or nereafter
erected on the Property insured against loss by fire, hazards included within the term 'extended
coverage," and any other hazards including, but not limited to, earthquakes and floods, for wh'ch Lender
requires insurance. This Insurance shall be maintained In the amounts (including deductible levels) and
for the periods that Lender requires. What Lender requires pursuant to the preceding sermences can
change during the term of the Loan. The Irsurance carrier providing the insurance shall be chosen by
Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exMised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time
charge for flood zone determination, certification and tracking services: or (b) a one-time charge for flood
zone determination and cerLfication services and suosequent charges each time remappings or similar
changes occur whicti reasonably might affect such delerminaticn or certification. Borrower shall also be
responsible for the payment of any fees impot;ed by the Federal Emergency tvlaregernent Agency in
connection with the review of any flood zone determination resuhri from an objection by Borrower.
If Borrower !ails to maintain any of the coverages described above, Lender (nay obtain insurance;
coverage, at Leider's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk
hazard or liability and might provide greater or lesser coverage than was previously In effect
of
acknowledges that the cost of the insurance coverage so obtained might signiflca31 . Borroexceed the cost wer er
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5
shall become additional deot of Borrower secured by this Security Instrument. These amounts shall bear
interest ut the Note rate from the date of disbursement and shall be payable, with such interest, upon
notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to cisapprove such policies, shall Include a standard mortgage clause, and saall name
Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies
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and renewal certificates If Lander requincs, Borrower shall promptly give to Lender aft receipts of palc
premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
required by Lender, for damage to, or destruction of, the Property, sudl policy shall Include a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required
by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is
economically feasible arid Lender's sacur,ty is not lessened, During such repair and restoration period,
Lender shall have the right to hold such Insurance proceeds until Lender has had an opportunity to
Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided the such
inspecflon shag be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in
a tringle payment or In a series of progress pay ants as the worx Is completed. Unless an agreement is
made In writing or Applicable Law requires interest to be paid on such Insurance proceeds, Lender shall
not be required to pay Borrower any Interest or eamings on such proceeds. Fees for public adlLsters, or
other third parties, retained by Borrower shall not be Pa,d out of the insurance proceeds and shall be me
sae obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security
would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds
shall to applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may'fle, negotiate and settle any avaflable Insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a cluim, then Lender may negotiate and settle the claim. The
30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's nights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrowers rights (other than the right to any refund of uneamed premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property
or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
G. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 6C days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at leas: one year after the date of occupancy, unless
Lender olherwlse agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing In value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paM.ln connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a
series of progress payments as the work is completed. If the Insurance or condemnation proceeds are
not sufficient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for ttre
completion of such repair or restoratlon.
Lender or its agent may make reasonable ertries upon and inspections of the Property. If it has
reasonable cause. Lender may inspect the interior of the Improvements on the Property. Lender shall give
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Borrower notice at the time of or prior to such an Interior inspection specifying such reasonable cause.
A. Borrowers Loan Application. Borrower shall be in default If, during the Loan applicatior
process. Borrower or any persons or entities acting at the direction of Borrower or with Bonowe,s
knowledge or consent pave materlaoy false. misleading, or inaccurate information or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are riot limited to, representations conceming Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest In the Property and Rights Under this Security
Instrument, If (a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there Is a legal proceeding that m;ght significantly affect Lender's Interest in the Property
and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for
condemnation or forfeiture, for enforcement or a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, tnen Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and
rights under this Security Instrument, including protecting andior assessing the value of the Property, and
securing and/or repainng the Property. Lenders actions can Include, but are not limited to; (a) paying any
sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and
(c) paying reasonable attorneys' fees to protect Hs interest in the Property and/or rights under this Security
Instrument. including its secured pcsldon In a bankruptcy proceeding. Securing the Property Includes, but
is not limited to, entering the Property to make repairs, change locks, replace or board up boors and
windows, drain water from plpea, eliminate building or other code violations or dangerous conditions, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duty or obligation to do so. It is agreed tnat Lender incurs no liability
for not faking any or all actions authorized under this Section 9.
Any eros nls disbursed by Lender under this Section 9 shall become additlonal debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrowur shall comply wtth all the provisions of the
lease. If Borrower acquires fee title to the Property, Che leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a conciton of making the
Loan, Borrower shall pay the premlums required to maintain the Mortgage Insurance In effect. If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage
insurer that previously provided sucn Insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prem,ums
required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, et s
cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from
an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance
coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designates payments that were due when the insurance coverage ceased to be In effect Lender will
accept, use and retain these payments as a ran -refundable loss reserve in ,ieu of Mortgage Insurance.
Such loss reserve shall be non-refundaola, notwithstanding the fact that the Loan is ultimately paid In full,
and Lender shall not be required to pay Borrower any interest or samings on such loss reserve. 1-2ndsr
can no anger require loss reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If ender ni red Mortgage Insurance es a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance,
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After Recording Return To.
Westerra Credit Union
3700 E Alameda Ave
Denver, CO 80209
303-3214209
(Space Above This Line for Rec"ni; Data)
DEED OF TRUST
DEFINITIONS
Loan #: 1436518664
Words used In multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 16, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated September 19, 2015, together with
all Riders to this document.
(B) "Borrower' is Bruce R Martinson and Leslie E Martinson. Borrower is the trustor under this
Secur,ty, Instrument.
(C) "Lender" is Wasterra Credit Union. Lender is a Credit Unlon organized and existing under the
laws of THE STATE OF COLORADO. Lenders address .s 3700 E Alameda Ave, Denver, CO 50209.
Landor is the beneficiary under this Security Instrument.
(D) "Trustee" is the Public Truslee of Jefferson County, Colorado.
(E) "Note" means the promissory note signed by Borrower and dated September 19, 2015. The
Note states that Borrower owes Lendef TWO HUNDRED TWENTY THOUSAND AND N011DO Dollars
(U.S. S220,000.00) plus Interest. Borrower has promised to pay ln;s debt in regular Periodic Payments
and to pay the debt In full not later than October 01, 2045.
(F7 "Property" means the property that Is described below under the heading 'Transfer of Rights in
the Property.'
(G) "Loan" means the debt evicenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower (check box as appiicable):
i Adjastabia Rate Rider Condominium Rider ( ] Second Home Rider
Bacon Rider Planned Unit Development Rider VA Rider
1.4 Family Rider Biweekly Payment Rider Other(&) (specify]
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Borrower shall pay the prenlums required to maintain WrIgage Insurance in effect, or to proVde a
non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with
any written agreement tx:tween Borrower and Lender providing for such termination or until termination is
required by Applicable Law, Nothing In this Section 10 affects Borrower's obligation to pay interest at the
rate provided in the Note.
Mortgage Insurance relmburses Lender (or any entity that purchases the .'Vote) for certain losses
It may incur if Borrower does not repay the Loan as agreed. Bonrower is not a party to the Mortgage
Insurance.
Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and
may enter into agreements with other parties that share or modify their risk, or reduce losses. These
agreements are on terms a,d condltons that are sat sfactory to the mortgage insurer and the other party
(or parties) to these agreements. These agreements may require the mortgage insurer to make
payments using any source of funds that the mortgage insurer may have available (which may include
funds obtained from Mortgage Insurance premiums).
As a resuit of these agreements, Lender, any purchaser of the Note, another Insurer, any
reinsurer, any ether entty, or any affiliate of any of the foregoing, may receive (directly or Indirectly)
amounts that oenve from (or might be charactenzed as) a portion of Borrower's payments for Mortgage
Insurance, In exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such
agreement provides that an affiliate of Lender takes a share of the inswer's risk in exchange for a share
of the premiums paid to the insurer, the arrargemenl is often ternI `captive reinsurance.' Further.
(a) Any such agreements will not affec-t the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the
amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refu n d.
(b) Any such agreements will not affect the rights Borrower has — if any — with respect to
the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
rights may Include the right to receive certain disclosures, t0 request and obtain cancellation of
the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to
recelve a refund of any Mortgage Insurance premlurru; that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are
hereby assigned to and shall oe paid to Lender.
If the Property Is damaged, such Mlseellaneo,is Proceeds shall be applied to restoration or repair
of the Property, if the restoration or repair Is anonom,caily feasible and Lender's security is not lessened
During such repair and restoraton period, Lender shall have the right to hold such Vscallaneous
Proceeds until Lender has had an opporturlty to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that such nspectJon shall be undertaken promptly. Lender
may pay for the repairs anc restoration in a single disbursement or m a series of progress payments as
the work is competed. Unless an agreement .s made in writing or Applicab'a Law requires Interest to be
paid on such MisceJansous Proceeds, Lender shall nol be required to pay Borrower any interest or
earnings on such Miscellaneous Proceeds. If the restoration or repair Is not economically feasible or
Lender's security would be lessened. the Misoellanecws Proceeds shall be applied to the sums segued
by this Security Instrument, whether or not then doe, wttn the excess, if any, paid to Borrower. Such
MibCe,laneo.:s Proceeds shall be aWiad in the orcer provided for In Section 2.
In the event of a total laking, desiruv.ion, or IQ$$ In valva of the Property, the Mlsoctlaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not lien due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property In which the fair
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marital value of the Property Immediately before the partial taking, destruction, or loss In value Ls equal to
or greater than the amount of the sums secured by this Security Insbument immediately before the partial
taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total arnarrt of the sums secured Immediately befom the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property Immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair
market value of the Property immediately before the partial taking, destruction, or loss in value Is leas
than the amount of the sums secured immediately before the partial taking, destruction, or less in value,
unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to
the sums secured by this Seccrity Instn,merrt whether or not the sLms are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as dafned in the next sentience) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the thud
party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of
action in regard to M sce9anacus Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, s begun that, in
Lender's judgment, coud resuk in forfeiture of the Property or other material Impairment of Lender,$
interest in the Property or rights under this Security Instrument. Borrower mn cure such a default and, it
aoeeleradon has occurred, reinstate as provided in Section 19. by causing line action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under thea Sect:nty Instrument. The proceecs of
any award or claim for damages that are ettrlbutabie to the impairment of Lenders interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds Ihat are not applied to restoration or repair of the Property shall be
applied In the order provided for in Section 2.
12. Borrower Not Rebased; Forbearance By Lender Not a Waiver. Extension of the time
for payment or modification of amortization of the sums secured by tnis Security Instrument granted by
Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of
Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instn"meni by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in
exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Sucoessws in Interest of Borrower or in amounts less than the amount then due,
shall not be a waiver of tx predude the exercise of any right or remedy,
13. Joint and Several Llability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liabili,y shall be joint and several. However, any
Borrower who oo-signs this Secunty Instrument but does not execute the Note (a -co-signer): (a) is
co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the
Property under the terms of this Security InstrUmCrt: (b) is not personalty obligated to pay the sums
secured by this Secunty Instrument; and (c) agrees that Lender arld any other Borrower can agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's ob!igabons under this Security Instrument in writing, and is approved by Lander, shall obtain
X11:5 91iIl4I�*�JUIIUII0' 2 I�IIIil I1111�1fil�lull�Il6�ll<f .I�If
►ac.na � ,-*F"IY—FA mi. Naa/F r.ddis Y.c UNIFORM IN arRrlNBrr Form WX IA1 (pope 9d+4 peget;
vw Co6m.9 Do o—,o.r C~ 0300601! 14
Oil of Borrower's rights and benefits order this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and ass gns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under
this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation
fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a pronibltion on the charging of such fve. Lender may
not charge fees that are expressly prohibited by this Security Instrument or by Appl:catNe Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is firialty
interpreted so that the interest or other loan charges coiisimd or to be collected in connection with the
Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower
which exceeded permitted limits will be refunded to 8orrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borl if a refund
reduces principal, the reduction w,11 be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrowefs acceptance of any such
refund made by direct payment to Borrower vwiU constitute a waiver of any right of action Borrower might
have arising out of such overcharge.
15. Notices. AU notices given by 13urruwer or Lender In connection with this Security
Instrument must be in writing. Any notice to Borrower In connection with this Security Instrument shall be
deemed to have been given to Borrower when malted by first class mail or when actually delivered to
Borrower's notice address it sent by other means. Notice to any one Borrower shall constitute notice to
all Bomowefs unless Applicable Law expressly requires otherwise. Tne notice address shall be the
Property Address unless Borrower has designated a substitute notice address by notice to Lender_
Borrower shall promptly notify Lender of Borrawer's change of address. If Lender specifies a procedure
for reporting Borrower's change of address, then Borrower shall only report a change of address through
that specified procedure. There may be only one designated notice address under this Security
Instrument at any one time. Any notice to Lender shall be g.ven by delivering it or by mailing it by first
class mail to Lender's address stated herein unless Lender has designated another address by notice to
Borrower. Any notice In connection with this Security Instrument shall not be deemed to have been given
to Lender until actually received by Lender. If ar.y notice required by this Securiy Instrument is also
required under Applicable Law, the Applicable Lbw requirement will satisfy the corresponding requirement
under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall
be governed by federal law and the law of the Jurisdiction in wrich the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
App;icable Law, Applicable Law might explicitly or impbcidy allow Ile parties to agree by contract or it
might be silent, but such silence shell not be construed as a prohibition against agreement by contract. In
the event that any provislon or clause of this Security Instrument or Ste Note conflicts wah Applicable
Law, such Conflict shall not affect other provisions of this Security Instrument or the Note which can oe
given effect without the confiding provision.
As used in this Security Instrument' (a) words of the mascullne gender shall mean and include
corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation to
take any action.
17. Borrowers Copy. Borrower shall be given one copy of the No•,e and of this Security
Instrument.
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S aF a 1,t4annb M.elFnOtln MAc UNIFORM INSTRUMENTT
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18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section
18, 'Interest in the Property' means any legal or beneflclal interest in the Property, including, but not
limited to, those beneficial Interests transferred in a bond for deed, contract for deed, installment sales
contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a
purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
Is not a natural person and a beneficial interest In Borrower is sold or transferred) without Lender's poor
written consent, Lender may require Immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice Is given in accordance with
Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails
to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at
any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale
contained in this Security Instrument; (b) such other period as Applicable Law might specify for the
termination of Borrowers right to reinstate; or (c) entry of a judgment enforcing this Security Instrument -
Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this
Security Instrument and the Note as if no acceleration had occurred; (b) cures any detauft of any other
covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,
but not limited to, reasonable attorneys' fees, properly inspection and valuation fees, and other fees
incurred for the purpose of protecting Lender's intefest in the Property and rights under this Security
Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest
in the Property and rights under this Security Instrument, and Borrowers obligation to pay the sums
secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay
such reinstatement sums and expenses in one or more of the following forms, as selected by Lender.
(a) cash; (b) money order, (c) certified check, bank check, treasurers check or cashier's check. provided
any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain fully effective as if no acceleration hed occurred.
However, this right to reinstate shall not apply In the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer, Notice of Grievance, The Note or a partial
interest In the Note (together with this Secunty Instrument) can be sold one or more times without prior
notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer) that
collects Periodic Payments due under the Note and this Securfty Instrument and performs other mortgage
loan servicing obligations under the Note, this Security Instrument, and Applicabie Law There also might
be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
Loan Servicer, Borrower will be given written notice of the change which will state the name and address
of the naw Loan Servicer, the address to which payments should be made and any other information
RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage ben servicing
obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer
and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member Of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
Q1. F—Iy- —I• Mr/f Wit MK UNTORM INSTRUMENTrDM 30M 1Ni 0 11 r,4� O d 1[ p,pry)
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by reason of, this Security Instrument, until such Borrower or Lender has nottfled the other party (with
such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded
Vie other party hereto a reasonable period after Ule giving of such notice to lake corrective action. If
Applicable Law provides a tune period which must elapse before certain action can be taken, that time
period wig be deemed to be reasonable for purposes of this paragraph The notice of acavleration and
opportunity to cure given to Borrower pursuant to Se-r;tion 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to saasty the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law
and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, ano
radioactive materials; (b) "Environmental Law' means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup'
includes any response action, remedial action, or removal action, as defined in Environmental Law; one
(d) an `Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of
any Environmental Law, (b) which creates an Environmental Condition. or (c) which, due to the prestxtce,
use, or release of a Hazardous Substance, creates a condition that adversely effects the value of the
Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
of small quantities of Hazardous Substances that are generally recognized to be appropriate to norma;
residential uses and to maintenance of the Property (including, but not limited to, hazardous substances
in consumer products).
Borrower shag promptly give Lence! written notice of (a) any investigation, claim, demand, lawsuit
or other action by arty governmental or regulatory agency or private party Involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any coneition caused by the presence, use or release Of a
Hazardous Substance which adversely affects the value of the Property. If Borrower teems, or is notified
by any vovemmental or regulatory authority, or any private party, that any removal or other remediation of
any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions In accordance wirth Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup,
NON-UNIFORM COVENANTS. Burrower and Lender further covenant and agree as follows
22. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice
shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice Is given to Borrower, by which the default must be cured; and (d)
that failure to cure the default on or before the date specified in the notice may result In
acceleration of the sums secured by this Security Instrument and sale of the Property. The notice
shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in
the foreclosure proceeding the non-existence of a default or any other defense of Borrower to
acceleration and sale. If the default Is not cured on or before the date specified In the notice,
IIIIII�8111111�II3�IIIIVl11111 lllllllllll�l IIIIII�
RA 5-19" wa✓F.WdbwacUWORMef4TRJYENT fIlllllll�llll orm flSop{ 9N1 ryao.lf1.az.,r
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Lender at its option may require Immediate payment In full of all sums secured by this Security
Instrument without further demand and may Invoke the power of sale and any other remedies
permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing
the remedies provided in this Section 22, Including, but not limited to, reasonable attorneys' fees
and costs of title evidence.
If Lender Invokes the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold.
Lender shall mall a copy of the notice to Borrower as provided in Section 15. Trustee shall record
a copy of the notice in the county in which the Property is located. Trustee shall publish a notice
of sale for the time and in the manner provided by Applicable Law and shall mail copies of the
notice of sale In the manner prescribed by Applicable Law to Borrower and to the other persons
prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without
demand on Borrower, shall sell the Property at public auction to Vie highest bidder for cash at the
time and place and under the terns designated in the notice of sale in one or more parcels and In
any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public
announcement at the time and place of any previously scheduled sale. Lender or its designee
may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate dnacribing the Property and the
time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shell be
prima facie evidence of the truth of the statements made therein, Trustee shall apply the
proceeds of the sale in the following order. (a) to all expanses of the sale, including, but not
llmlted to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security
Instrument; and (c) any excess to the person or persona legally enUtied to It.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall
request that Trustee release this Security InSIMMent and shad produce for Trustee, duly cancelled, all
notes evidencing debts secured try this Security Instrument. Trustee shall release this Security
Instrument without further inquiry or liubility. Borrower shall pay any recordation costs and the statutory
Trustee's fees
24. Waiver of Homestead, Borrower walves a;I right of homestead exemption in the
Property.
BY SIGNING BE! -OW, Borrower accepts arc agrees to the terms and covenants contained in
this Security Insintmem and in any Rider executed by Borrower and recorded with it.
(Seal) �Z:2 (Seal)
Borrower - Bruce R Martinsen 66rf6wer - Leslie E Martinson
ILII n!I I� I'll I!'I II�I'!I� Ali i1� I IIIIIII SII Bili I� II H IIII III till' II II
'rple ems-feMMFWifr0OWNec UNWORNINSTRUMENT FOfm77061Nt (yrJRI)off/pepcs,
.Kc��,.,n eLnp.p. C+Owq OwcumnC�n4r O 7U(Y' 0111a
[Space Below This Line For Acknow6damenu
State of Colorado
S9.
4icounty
The fore ping instrument was acknowledged before me this y f 20
bv
rZ
WITNESS my hand
Title of Officer :
My Conn jisslpn_4.V
Origination Company: Westerra Credit Union
NMLSR ID: 421606
Originator. Nancy Lumbys
NMLSR ID: 920218
Ilumill[1111111111
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m16 N.WTMddis FMC WIFORM W STRUMEHT
AeunYw Mwty.e� Cd�nc� Dccun�I C..w 0 M 01111
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LANETRIA NASULUNGI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 1 99 5601 3903
MY COMMISSION D(PIri6 AUGUST 29, 2019
IfiIIIU.�myAA01m
EXHIBIT A
Lot 13, Block 2, Hiltorest Heights, according to the recorded Plat thereof,
County of Jefferson, Stats of Colorado,
IV6�J'IJIIRIIIIIIBC) I�II IVI,MiNNii�VSbIVHENII
Feasibility of alternative designs
We looked at other ways first was to add a second floor, but this would not work we are trying to get
away from stairs; they don't work well with my wife. We could cut of the small corner of the house, in
the plan, but that would be difficult to imposable to blend in.
The 9'x5'x8' right triangle we are asking for a variance on will not create an eye sore but will improve the
quality of our lives and that of the neighborhood.
Building plan
The height of the house will not increase it will remain at 19'x. The construction will match the existing
house being a wood frame and wood siding. We will be attaching a 25 panel solar array and open the
house to more light. We will continue with a sand natural color, as the rest of the house is painted.
Pry Pv ,4
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AAA SURVEYING LAND CONSULTANTS , LLC
P.O. BOX 2016, CO 80107
303-519-7015/FAX 303-940-4927
IMPROVEMENT LOCATION CERTIFICATE
ATTEN:
JOB NO. 16-0113
DATE. 0111412016
FEE: $ 275.00 (PAID BY CHECK)
CLIENT :
ADDRESS: 7810 WEST 46TH AVENUE SCALE 1"=25'
LEGAL DESCRIPTION LEGEND:
(PER CLIENT)
LOT 13, BLOCK 2, HILLCREST HEIGHTS, COUNTY OF EXISTING FENCES
CAP
JEFFERSON, STATE OF COLORADO. FOUND PINR• FOUND 4 EBAR
+ FOUND CROSS
7810 WEST 46TH AVENUE (50')
90.00'
NOTE: SURFACE IMPROVEMENTS
LOT 13 ? /\o� MAY BE PARTIALLY DEPICTED DUE
i I " \ TO SNOW COVER AND/OR DEBRIS.
�I
o
0 oPj" to �
i
15.6' NOTE. NO EASEMENTS
SHOWN ON THE SUB— Q
DIVISION PLAT. LOCAL x
BUILDING DEPT. SHOULD BE '
CONTACTED PRIOR TO ADDING
ANY IMPROVEMENTS.
N
ILC IS BASED ON LINES OF
POSESSION AND R.O.W.'s AS
SHOWN. ACCORDING TO MY
NX INTERPRETATION OF
COLORADO LAW A BOUNDARY
SHED SURVEY IS RECOMMENDED,
WHICH MAY PRODUCE
90.00' DIFFERENT RESULTS.
On the basis of my knowledge, information, and belief, I hereby certify that this improvement location certificate was prepared
for that it is not a Land Survey Plat
or Improvement Survey Plat and that it is not to be relied upon for the establishment of fence, building, or other future
improvement lines. I further certify that the improvements on the above described parcel on this date, except utility connections,
are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises
by improvements ining premises, except as indicated, and that there is no apparent evidence or sign of any easement
crossing or bu� 50 RL( rt of said parcel except as noted.
NOTICE: AcldAAb' Eo �++ggg w you must commence any legal action based upon any defect in this survey within three years
after you 171fv' ver s t. In no event may any action based upon any defect in this survey be commenced more than
ten ye m ( ,c060 rtification shown hereon. ILC s DRAWN USING
? PLATTED ANGLES DR
R AR E. ` L.S. 1 BEARINGS AND DIMi NSIONS.
}�/QyAL L %10 4�� � OR � ARE )
Response to Variance Review Criteria
A) If the variance was not granted we would not be able to expand the home which would allow us greater
movement in the home. The improvement would also increase the value and marketability of the
residence.
B) The area where the variance is needed is in the middle of my property and on a street side, there is a
large hedge row along that street and the change would hardly be noticed to anyone outside the yard. We
will be following original house lines so it will appear as constructed all at once.
Q Due to the angle the house sits on the property if I were to follow the regulations my proposed addition
would be cut in half and what we wish to accomplish would not be possible.
D) If the strict letter of the regulations were carried out It would result in the cropping off a 4' corner on the
house plan, doing this would make it look added on. The addition won't affect water drainage on or
around the property.
E) There is no one presently or previously who has created any hardship with an interest in this property.
F) Again the area of my need for this variance is not adjacent to any property just a road and although I am
looking to be 20' instead of 25' the building will still be 28' from the road. No light, air or views will be
altered with this improvement to any adjacent homes or to my yard.
C) The only circumstance around my need for the variance is the positioning of the home and there are
others in my neighborhood with their homes set at angles that would require a variance if they were to
build.
H) As we are getting older my wife needed to be on one floor expanding the home the way we have planned
will allow her to move around easily.
1) We have contracted an Architect to see that we are in compliance and astatically appealing.
ICity of
WheatRjdge
COMMUNITY DEVELOPMENT
Submittal Checklist: Variance
Project Name:
Project Location: r% 3 i U
Application Contents:
A variance provides relief from the strict application of zoning standards in instances where a
unique physical hardship is present. The following items represent a complete variance
application:
✓1. Completed, notarized land use application form
2. Application fee
�
. Signed submittal checklist (this document)
4. Proof of ownership—e.g. deed
�)_�,5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
_6. Written request and description of the proposal
Include a response to the variance review criteria—these are found in Section
26-115 of the municipal code
Include an explanation as to why alternate designs that may comply with the zoning
standards are not feasible
_ Include an explanation of the unique physical hardship that necessitates relief
7. Survey or Improvement Location Certificate (ILC) of the property
To -scale site plan indicating existing and proposed building footprints and setbacks
�t�
7 9. Proposed building elevations indicating proposed heights, materials, and color scheme
Rev. 5/2014
As applicant for this project, 1 hereby ensure that all of the above requirements have been included with
this submittal. 1 fully understand that if any one of the items listed on this checklist has been excluded,
the documents will NOT be distributed for City review. In addition, I understand that in the event any
revisions need to be made after the second (2"d) full review. I will be subject to the applicable resubmittal
fee.
Signature: _�c �� Date: 11.Zy //l
�—
Name (please print): glat',e //f4" t/rl�, r� Phone: ,
Community Development Department (303) 235-2846 www.cimheatridge.co.us
city Q, iJheat k1dDe
83/8s/2016 11:51 CD6A
�oHiHG AFPLICAiION FEES
CDA012527
AMOUNT
FMSD ZONING APPLICATION FEES
288.88
PAYMENT RECEIVED
AMOUNT
MC / 4518
2Q.e8
AUTH CODE: 07636B
208.88
TOTAL
---------------------------------------
City of
Wheat Wdpre
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29"' Avenue 0 Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
Applicant R •lr L G
Address 7 /d `i % A,46A* . Phone 3 .3�
City I &2bState
(l d zip Z�3 3 - 3 _ Iffax
Owner (11th.Se
V) Addressf�$!y Wv�%Z�= Phone � Z3 J
City 1;XR_C F ir6-
State(7w O Zip STyd33 .32/Sl Fax3&J$425/
Contact e-
ffi Address Uj?) (,tJ ��} (!� Phone 3v�
City
State �'� (� Zip ��)33.32/ Fax
(The person listed as contact wi
a 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):
-r-
Type
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
C3 Special Use Permit
O Subdivision: Minor (5 lots or less)
O Consolidation Plat
O Conditional Use Permit
O Subdivision: Major (More than 5 lots)
O Flood Plain Special Exception
0 Site Plan approval
O Temporary Use, Building, Sign /
O Lot Line Adjustment
O Concept Plan approval
)4Variance/Waiver (from Section — 1b
O Planned Building Group
O Right of Way Vacation
O Other:
Detailed description of request:
Required information:
Assessors Parcel Number: Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: ,. 5 n Au T lt4- i Proposed Use:
I certify that the information and exhibits herewith submitted are hue and correct to the best of my knowledge and that in filing this application. I am
acting with the knowledge and consent oj'lhose persons listed above, without whose consent the requested action cannot lawfully be accomplished.
Applicants other than owners must submit power -o9' rnev fra e�which approved of this action on his behalf.
Notarized Signature of Applicant
State of Col rado
County of } ss
The foregoing instrument (Land Use Processing Application) was acknowledged TERESA A. RUSSELL
by me this _IL— day of (, 20j v by Br IW -Q, m af41 Kc., -e -P NOTARY PUBLIC
STATE OF COLORADO
NOTARY iD 20074000874
Notary Public MY COMMISSION EXPIRES JANUARY 08. 2019
My commission expires _LJ 7 /20-0 _, -- -_ _ - __
To be filled out by staff:
Date received 3 G%
Comp Plan Design.
Related Case No.
Fee $ • CC .VD Receipt No. Case No. L k I L Cy
Zoning Quarter Section Map r%), ;21
Pre -App Mtg. Date Case Manager L_ c \\ ace-
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