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HomeMy WebLinkAboutWA-16-10City of �Wh6atjdl,�ge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building July 20, 2016 Ms. Candee Dietrich 4088 Oak Street Wheat Ridge, CO 80033 Re: Case No. WA -16-10 Dear Ms. Dietrich: 7500 W. 29`h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please be advised that your request for a 300 square foot (50%) variance from the maximum accessory structure building coverage of 600 square feet for a property zoned R-1 B located at 4088 Oak Street has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (January 16, 2017) 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, www.ci.w heat ridge.co.0 s 7500 West 29th Avenue�,./�►I City of Wheat Ridge, Colorado 80033 R Wheat iAe 303.235.2846 Fax: 303.235.2857 Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 4088 Oak Street referenced as Case No. WA -16-10 / Dietrich; 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 300 square foot variance to the 600 square foot maximum accessory structure size in the Residential -One B (R -1B) zone district (Case No. WA - 16 -10 / Dietrich) is granted for the property located at 4088 Oak Street, based on the following findings of fact: 1. The variance would not alter the essential character of the locality. 2. The alleged hardship has not been created by any person presently having an interest in the property. 3. The applicant is proposing a substantial investment that would not be possible without a variance. 4. The request would not be detrimental to public welfare. 5. No objections were received regarding the variance request during the public notification period. Date I'll �1I IV V1, City of Wheat idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: July 19, 2016 CASE MANAGER: Zack Wallace CASE NO. & NAME: WA -16-10 / Dietrich ACTION REQUESTED: Approval of a 300 square foot (50%) variance from the maximum accessory structure building coverage of 600 square feet for a property zoned R-1 B located at 4088 Oak Street. LOCATION OF REQUEST: 4088 Oak Street APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: Candee Dietrich Candee Dietrich 26,040 Square Feet (0.598 Acres) Residential -One B (R -1B) Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Administrative Variance Case No. WA -16-10 /Dietrich 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 300 square foot (501/6) variance from the maximum building coverage for accessory structures of 600 square feet, resulting in a maximum major accessory building coverage of 900 square feet. The purpose of this variance is to allow for the homeowner to construct a detached garage on the property. 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 owner may construct a detached garage on the southeast corner of the property. The property is located along 40 Avenue between Oak Street and Newman Street. It is a triple frontage lot, abutting Oak Street, Newman Street, and 41St Avenue (Exhibit 1, Aerial). The property is located in close proximity to Clear Creek, but is not located in the floodway or floodplain. The existing house sits on a 26,040 square foot (0.598 acre) parcel and was constructed in 1999 per the Jefferson County Assessor. The property is zoned Residential -One B per a city -initiated rezoning of the area in 1999. The property was previously zoned Agricultural -One. The surrounding zoning is mostly residential (R-1, R-113, R - 1 C, R-2, R -3A, and PRD) as well as agricultural (A-1) (Exhibit 2, Zoning Map). Residential uses are present to the south, east, and west of the property. To the north is a multi -family development, and the Clear Creek greenbelt. The R -1B zone district provides for high quality, safe, quiet and stable small lot, low-density residential neighborhoods, and prohibits activities of any nature which are incompatible with the low- density residential character. The zone district allows for single-family homes with a minimum lot size of 7,500 square feet. Each residential zone district allows for accessory structures, the maximum building coverage of which depends on the zone district. The R-113 district allows a maximum of 600 square feet for accessory structures. The proposed 780 square foot garage will be in addition to a 120 square foot shed built in 2002. The total size of both accessory structures is 900 square feet, exceeding the allotment of 600 square feet by 300 square feet (50%). The proposed detached garage will conform to all other development standards (Exhibit 3, Site Plan). Alternatively, the applicant could build a 480 square foot detached garage to stay within the 600 square foot maximum building coverage for accessory structures. This would likely decrease the investment the homeowner/applicant is able to invest in the property, as it would limit the size of the structure to a 2 -car garage rather than a 3 -car garage. Despite the size limitation on accessory structures for this property, the lot is adequately sized to allow a 780 square foot detached garage. Additionally, other residential zone districts such as R-1, R-lA, R-2 (all of which provide for larger lot, single-family Administrative Variance Case No. WA -16-10 / Dietrich homes, more in line with the actual size of the subject property) allow 1,000 square feet of accessory structures. Ultimately, the variance request would result in 900 square feet of accessory structures on a property zoned R -1B. The 900 square feet consists of an existing 120 square foot shed and a proposed 780 square foot detached garage. The detached garage will meet all other development standards for major accessory buildings. The following table compares the required R-1 B development standards with the actual and proposed conditions: R-1 B Development Standards: Required Actual Lot Area 7,500 square feet (min) 20,040 square feet Lot Width (corner lot) 80 feet (min) 112 feet (Oak St. & Newman St.) 226 feet (W. 4151 Avenue) 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 S, Criteria Responses). Staff provides the following review and analysis of the variance criteria. 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. Administrative Variance Case No. WA -16-10 / Dietrich Required Proposed Detached Garage Accessory Structure Building Coverage 600 square feet (max) 900 square feet Height 15 feet (max) 13 feet (to highestpoint) Front Setback (West — Oak St) 25 feet (min) —178 feet Side Setback (South) 5 feet (min) 5 feet Side Setback (North — 41" Avenue) 25 feet (min) 81 feet Rear Setback (East — Newman St) 25 feet (min) 25 feet Total Building Coverage 40% (max) 13.8% 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 S, Criteria Responses). Staff provides the following review and analysis of the variance criteria. 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. Administrative Variance Case No. WA -16-10 / Dietrich A variance is not likely to alter the character of the locality. Properties to the south of the subject property have multiple accessory buildings, some in excess of 600 square feet. Properties to the east and west are small lot single family home lots, zoned R-1 B and R-1 C, which both allow for 600 square feet of accessory building. That being said, the majority of the aforementioned lots are approximately 8,000 square feet in size, less than half that of the subject property. Adding a 780 square foot accessory structure to the subject property would not alter the essential character of the locality. 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 could construct an accessory structure that measures 480 square feet in size, 300 square feet less than proposed. This reduction would significantly lower the investment the owner is attempting to make in the property. The investment proposed, adding a 3 -car garage to the property, is a substantial addition to the property and would not be possible without a variance. Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The shape of the property is rectangular, and there is approximately 8 -feet of fall from the southeast corner of the property to the northwest corner (approximately 245 feet) and does not contribute any hardship to this request. 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. The hardship results from a large lot single family home being zoned Residential -One B, a small -lot single family home district. The property was rezoned in 1999 with much of the surrounding area. The property was previously zoned Agricultural -One. According to the case file a previous owner of the property first opted to remain with the A-1 zoning, then decided to opt into the R -1B zoning. The current owner purchased the property in 2014. As such, the current owner had no hand in creating a mismatch between the zoning and the size of the lot. 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 Administrative Variance Case No. WA -16-10 / Dietrich 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. 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. Most of the homes in the area that are zoned R-1 B and R-1 C have lot sizes that coincide with the zone district. However the subject property and one other of a larger size are zoned R-1 B. The adjacent property to the south is zoned A- 1, which allows for larger accessory buildings so long as the total building coverage does not exceed 25%. Despite a few other properties having similar conditions to the subject property, the unusual conditions necessitating the variance request for the subject property are unique only to the subject property and one other. 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. Single family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. 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 300 square foot (50%) variance from the maximum major accessory structure building coverage of 600 square feet for a property zoned R-1 B located at 4088 Oak Street. Staff has Administrative Variance Case No. WA -16-10 / Dietrich 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 alleged hardship has not been created by any person presently having an interest in the property. 3. The applicant is proposing a substantial investment that would not be possible without a variance. 4. The request would not be detrimental to public welfare. 5. No objections were received regarding the variance request during the public notification period. Administrative Variance Case No. WA -16-10 / Dietrich EXHIBIT 1: AERIAL Administrative Variance Case No. WA -16-10 / Dietrich EXHIBIT 2: ZONING MAP ti WheatpI dge Geographic ' Information Systems` Legend Q Sub)ect Property Agricultural -One (A-1) Residential -One B (R-1 B) Residential -One C (RAC) Residential -Two (R-2) Residential -Three A (R -3A 4 T�PL----"— /'34 C 39TH Li=t1�~J r ** fit, ,fir ■T— 41 STAVE (9 Z Y W Z Stale Pla Cour&pace Pro)ectw N Cobrado Central tone A Datum. NAD83 N 'T T, t ' C9 J 0 Z Administrative Variance 8 Case No. WA-16-10/Dietrich Scale: 1"=40' �Koa wErr a '.:� ` 23.7 I 4: •... � I 234 Fume r ' L, —t28. I Shed EXHIBIT 3: SITE PLAN WEST 41ST AVENUE 7473 T. Existing home Existing 120 sq. ft. shed 6i 5' F Pni & Cap N Proposed 780 sq. ft. garage Administrative Variance 9 Case No. WA -16-10 / Dieb•ich EXHIBIT 4: SITE PHOTOS Administrative Variance 10 Case No. WA-16-10/Dietrich View of the rear yard of the subject property from 41St Avenue. The approximate location of the proposed detached garage is indicated by the arrow. F ' E Administrative Variance Case No. WA -16-10 / Dietrich EXHIBIT 5: CRITERIA RESPONSES VARIANCE RESPONSES Referencing: Candee Dietrich 4088 Oak St Wheat Ridge, CO 80033 Requesting a variance to build a 780 square foot detached garage, the zoning standards state that I can have a 600 square foot detached structure, so I am asking for a variance to increase it by 180 square feet. 1. 1 wish to build a detached garage on my property for personal use. This variance will allow me to build the garage for parking my personal vehicles in; there will be no services or income as a result of the garage. 2. This variance will not alter essential character of the locality. 3. This variance will allow me to invest in my property, and with it being a 3 car garage it will add more value. 4. There is not a physical condition that is a unique hardship, except for my lot is not zoned to the correct size. I physically have the land to build the detached garage. 5. There is not a hardship. 6. Granting this variance would not be detrimental to the public welfare. I even believe it would help all the property values of the neighboring lots. 7. The unique condition of the request for variance is because my lot is larger than it's zoned. There are a few lots in the neighborhood that are larger size then most of the others. Administrative Variance 12 Case No. WA -16-10 / Dietrich City of Wheat�idge POSTING CERTIFICATION CASE NO. WA -16-10 DEADLINE FOR WRITTEN COMMENTS: July 18, 2016 I, residing at (name) as the applicant for Case No. Public Notice at WA -16-10 hereby certify that I have posted the sign for 4088 Oak Street (location) on this 8"h day of j c)b) and do hereby certify that said sign has been posted and remained in plac 4er to (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. 1 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 -�� �Clityvof Wheat Ridge 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 July 18, 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. HINOJOSA ANTHONY HINOJOSA RENEE K JOHNSON WILLIAM E HORAN GERALD E HORAN DELORIS F 10805 W 41 ST AVE 1696 TAFT ST 4040 NEWMAN ST WHEAT RIDGE CO 80033 LAKEWOOD CO 80215 WHEAT RIDGE CO 80033 RADOVIC NICHOLAS K 4141 OAK ST WHEAT RIDGE CO 80033 DIETRICH CANDEE J 4088 OAK ST WHEAT RIDGE CO 80033 MAXSON DENNIS R MAXSON DEE ANNE 4086 OAK ST WHEAT RIDGE CO 80033 DEPOY WILLIAM P DEPOY MARIE A OLSEN ANDREW OLSEN JENNIFER FIELDS MARIAN M 10800 W 41 ST AVE 4080 NEWMAN ST 1685 TAFT ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 DENVER CO 80215 City of Wheatide COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE July 8, 2016 Dear Property Owner: This is to inform you of Case No. WA -16-10, a request for approval of a 300 sq. ft. (50%) variance from the maximum accessory structure building coverage of 600 sq. ft. for property located at 4088 Oak Street in the Residential -One B (R -1B) zone district. The attached aerial photo identifies the location of the variance request. The applicant for this case is requesting an administrative variance review which allows no more than a fifty percent (50%) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adiacent property owners are required to be notified of the request. 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 July 18, 2016. Thank you. WA1610.doc www.ci.wheatridge.co.us " 0 WAV Ls,, - ! ilid Alk ,L 17k, 36 1 4 919/13 I; 171 IT Ml �. Fill in the blanks on pages 2 and 4 with dimensions�,�� and materials which will be used to build the � 'f ' ° structure. Please print legibly. 2. Indicate in the check boxes on page 4 which details from page 5 will be used. Note_ Heated garages will require insulation, such as ceilings, walls, and foundation. Dimension'" Locate and detail bracing IN Fj Garage is heated ;.Garage is not heated I Show door and window header sizes and location and size of landing in front of door 3112' minimum concrete slab 1 r=) ? 's x I ?'� °'- header (example: (2) 2 x 12 Indicate rafter or truss direction, Note: If roof trusses or rafters bear on header, Y, ff special header design may be required y4 Double 2x4 or 2x6 trimmers each end of.overhead door header 'X i Garag door opening Garage door opening width * It less than 4' see Braced Wail Panel Detail on Dimension* page 5 to comply with section 8602.10.6.2 (IRC) (minimum width 16" with wall 10'high) This handout was developed by the Colorado Chapter of the International Code Council as a basic plan submittal under the 2012 International Residential Code. It is not intended to cover all circumstances. Check with your Department of Building Satety for additional requirements. Floor sfope- 7, Dimension Dimension* ; ` LAN D SURVEYING 5460 WARD ROAD + SUITE 160 ARVADA, COLORADO 80002 (303) 420-4788 IMPROV%KPT TION CERTIFICATE Scale: 1 "=40' Now: Certificate is Based on Control as Shown, An Improvement Survey Plat is Recommended For Precise Location of Improvements. DATE 04/27/2016EE X180.00 JOB# 16-241 CLIENT -REPUBLIC GARAGES ADDRESS 4088 OAK STREET NAME CANDRE DIETRICHH LEGAL DESCRIPTION (PER CL1EN'T) [—SEE ATTACHED LEGAL DESCRIPTION L Note: Location of Fence Lines, if Shown, are Approximate. Fence Line NORRTHWEESr CORNER F1 ESODU EMI r ON2I,TOWNSW3 SOUr$R/ANGE69 ! '/-Fbwr t 43 Rah.i / WEST 41ST AVENUE 247.5 7 3 VARIANCE RESPONSES Referencing: Candee Dietrich 4088 Oak St Wheat Ridge, CO 80033 Requesting a variance to build a 780 square foot detached garage, the zoning standards state that I can have a 600 square foot detached structure, so I am asking for a variance to increase it by 180 square feet. 1. 1 wish to build a detached garage on my property for personal use. This variance will allow me to build the garage for parking my personal vehicles in; there will be no services or income as a result of the garage. 2. This variance will not alter essential character of the locality. 3. This variance will allow me to invest in my property, and with it being a 3 car garage it will add more value. 4. There is not a physical condition that is a unique hardship, except for my lot is not zoned to the correct size. I physically have the land to build the detached garage. 5. There is not a hardship. 6. Granting this variance would not be detrimental to the public welfare. I even believe it would help all the property values of the neighboring lots. 7. The unique condition of the request for variance is because my lot is larger than it's zoned. There are a few lots in the neighborhood that are larger size then most of the others. Rev. 5/2014 City Of W heat Midge COMMUNITY 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 i in the neighborhood and are not unique to the property. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. [Does not typically apply to single- or two-family homes.] 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. [Does not typically apply to single- or two-family homes.] Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us 12. Terms: Variable; Starting interest rate % fixed; Interest rate (4 Length of timeears Balloon Payment Yes No If yes, amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: please complete questions 14-16 if applicable. Otherwise, skit 14. Did the purchase price include a franchise or If yes, franchise or license fee values 15. Did the purchase If yes, date of co: townhomes, apartments, and condominiums) 17 to complete. ❑ Yes ❑ No an installment land contract? ❑ Yes ❑ No 16. If this wasa,vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed on this day of February 26, 2014 Have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Signatu f Grantee (Buyer) ❑X or Grantor (Seller) ❑ 1 C E J. RI 18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: CANDEE J. DIETRICH 4088 OAK STREET WHEAT RIDGE, CO 80033 Phone: Form 13199 06/2008 rpt.odt K70402790 1184271021 pg 2 of 2 REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5- 121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers 4088 OAK STREET WHEAT RIDGE CO 80033 2. T e of Property purchased: ❑X Sin le Family Residential F—]Townhome Condominium ❑Multi -Unit Res Commercial F-1Industrial[n Agricultural ❑ Mixed Use Vacant Land ❑Other 3. Date of Closing: February 26, 2014 Date of Contract if different than date of closing: January 31, 2014 4. Total sale price: Including all real and personal property. $425,000.00 5j Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, draperies, free ��✓✓ standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed o be for the real property as per 39-13-102, C.R.S. Yes F—]NoIf yes, approximate value $ �'� Describe: cA o is lij m 'Cnyfip Did the total sales price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the oods or services as of the date of closing. ❑ Yes ❑X No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes �[X❑ No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ❑ X Yes ❑ No If no, interest purchased: % 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same famff , business affiliates, or affiliated corporations. El Yes IX No 9eck any of the following that a ply to thec ndition of the improvements at the time of purchase: New F—]Excellent Good Average ❑ Fair ❑ Poor ❑ Salvage If the property is financed, please complete the following: 10. Total amount financed: $248,000.00 11. e of financing: (Check all that apply) XNew ❑ Assumed ❑ Seller ❑ Third Party ❑ Combination; Explain Form 13199 06/2008 rpt.odt K70402790 {18427102} pg 1 of 2 EXHIBIT A THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 247.5 FEET; THENCE SOUTH 264.00 FEET; THENCE WEST 247.5 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 264 FEET TO THE POINT OF BEGINNING, EXCEPT THE WEST 15 FEET AND THE NORTH 20 FEET THEREOF AND EXCEPT THE SOUTH 132 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. Form 13084 01/2011 wd.odt Warranty Deed (Photographic) K70402790 {184271001 I� I I I'll IIS I I"I' III I II I'�) lI (II Ill I'II State Documentary Fee Warranty Deed Date: February 26, 2014 $ 42.50 (Pursuant to 38-30-113 C.R.S.) THIS DEED, made on February 26, 2014 by LINDA L. HAYES AND RANDALL L. HAYES Grantor(s), of the County of JEFFERSON and State of COLORADO for the consideration of ($425,000.00) *** Four Hundred Twenty Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to CANDEE J. DIETRICH Grantee(s), whose street address is 4088 OAK 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" CAII also known by street and number as: 4088 OAK STREET WHEAT RIDGE CO 80033 with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2014 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 Matters (Section 8.2) of the Contract to Buy 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 knowledge and which were accepted by Grantee(s) in accordance with Off -Record Title Matters (Section 8.3) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the Property within any special tax district; and other NONE a I A L. HAYES RANDALL L. HAYES State of COLORADO ) ) ss. County of JEFFERSON ) The foregoing instrument was acknowledged before me on this day of February 26, 2014 by LINDA L. HAY ' RANDALL L. HAYES MEGAN C. CHAPMAN NOTARY PUBLIC Notary Public STAVE OF COLORADO No commission expires _ �"` NOTAi:3Y ID 19984016153 Niy Commission Expires June 15, 2014 When Recorded Return to: CANDEE J. DIETRICH 4088 OAK STREET WHEAT RIDGE, CO 80033 Form 13084 01/2011 wd.odt Warranty Deed (Photographic) K70402790 {18427100} City of Wheatlge COMMUN H Y DEVELOPMENT Submittal Checklist: Variance Rev. 5/2014 Project Name: (—k I X K X'V I-) ItJ V LLT ' Project Location: 4 LE�8 CO- Sf 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: -""l . Completed, notarized land use application form 2. Application fee ✓3. Signed submittal checklist (this document) -74. Proof of ownership—e.g. deed t 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 1� 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 1/ 9. Proposed building elevations indicating proposed heights, materials, and color scheme As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2"d) full review, I will be subject to the applicable resubmittal fee. I w • MA li.� IMINIMii•'! .. - 1 f . f► �. - - �� -10Name (please print): tee Phone.C� Community Development Department • (303) 235-2846 - www.ci.wheatridge.co.us NOTE: Land use applications must be ♦ i 4 submitted BY APPOINTMENT with a CityDf planner. Incomplete applications will not h,Ei t R� e be accepted—refer to submittal checklists. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant1 frh Phone7X-q$/ 739D Emaili !(lecBab Uk- t,,ll:�rta.�rr� Address, City, State, Zip Owner ( (AnLaQf- U t Address, City, State, Zip Contact ��� Address, City, State, Zip Phone Email(7Lts'ldl[l�atrr�lt�1[ (�' !1I 19 (TheI.(, - . _ -In .- nn /� /1/Y -i Z (The person listed as contact will be contacted to answer questions regarding tIV application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type: O Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) L Variance/Waiver (from Section 26-) O Right of Way Vacation O Other: Detailed description of request: , S 1161 Ue5I f-�)r \10-V 104101 46 h I I )d a, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this ction on his behalf. r' Notarized Signature of Applicant V State of Colorado } County ofQ,'" ss The foregoing instrument (Land Use Processing Application) was acknowledged by me thisaQ) by �� Fo To be filled out by staff: Date received Comp Plan Design. Related Case No. Assessor's Parcel No. �� •21 �{-yO- t� Size (acres or sqft) A t,0LlaSc Rev 1/22/ 2016 My commission expires U/_ao/20_Vq� Fee $ Receipt No. Pre -App Mtg. Date Current Zoning Proposed Zoning ` NOTARY PUBLIC STATE OF COLORADC NOTARY ID 20154025372 MY COMMISSION EXPIRES JUNE 21 Case No. Quarter Section Map S 1r .1k Case Manager G Current Use Proposed Use