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Home My WebLink AboutWA-16-15City of W heat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. May 24, 2017 Lisa Beeson 21 Paramount Parkway Wheat Ridge, CO 80215 RE: Case No. WA -16-15 Dear Ms. Beeson: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is concerning your request for approval of an extension for variances granted pursuant to Case No. WA -16-15. On November 18, 2016, the Community Development Director approved a request for a 4 -foot variance to the 15 foot side yard setback and a 0.15% variance to the 25% lot coverage maximum for the property located at 21 Paramount Parkway, zoned Residential -One (R-1). Once a variance is granted, the applicant has six months in which a building permit must be obtained. Pursuant to Section 26-115.C.4., extensions for good cause may be approved by the Community Development Director if a request is made in writing prior to the expiration date of the variance approval. Although your request was received after the variance expired, there were extenuating circumstances and staff will honor your appeal. You have request an extension based on difficulty with the hiring and timeline of architects and engineers, as well as time needed to obtain a soils test. The Community Development Director acknowledges your request for extension and hereby grants an extension for six months. Please be advised that if a building permit is not obtained by November 18, 2017, your variance will expire. Thank you, i Kenneth Johnstone, VICP Community Development Director www.ci.wheatridge.co.us From: Lisa Beeson 21 Paramount Parkway Wheat Ridge, CO 80215 303-484-1912 To: Zack Wallace To Whom It May Concern: I am writing to request an extension on my variance that was approved last fall. I have been working diligently to get an architect and engineer in place for this project and it has proved to be much more difficult to procure these professionals than I anticipated. This has also been more difficult as we are looking to complete the project with my husband as the general contractor. We contracted with an architect and are getting the engineer finalized but they are booked out so far that we do not have the items necessary at this point that you are requesting. I am requesting that you please extend our variance through December 15, 2017 so that we have the time needed to get our soils test completed and all plans drawn up and stamped to present for your approval. Thank you for your understanding and feel free to contact me directly if you have any questions. Lisa Beeson 303-484-1912 City of W heat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building December 22, 2016 Lisa Beeson 21 Paramount Parkway Wheat Ridge, CO 80215 Re: Case No. WA -16-15 Dear Ms. Beeson: 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 an 4 -foot variance to the 15 foot side yard setback and a 0.15% variance to the 25% lot coverage maximum in the Residential -One (R-1) zone district for property located at 21 Paramount Parkway has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (May 18, 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, 7`1 eft, Tammy Odean Administrative Assistant Enclosure: Approval of Variance Cc: WA -16-15 (case file) WA1615.doc www.ci.w h eatridge.co. u s 7500 West 29th Avenue City of Wheat Ridge, Colorado 80033' wheat 1 e 303.235.2846 Fax: 303.235.2857 Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 21 Paramount Parkway referenced as Case No. WA -16-15 / Beeson; 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 4 -foot variance to the 15 foot side yard setback and a 0.15% variance to the 25% lot coverage maximum for property located in the Residential - One (R-1) zone district (Case No. WA -16-15 / Beeson) is granted for the property located at 21 Paramount Parkway, based on the following findipgs of fact: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment that would not be possible without a 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 curving streets of Paramount Heights neighborhood have created lot layouts which create hardships on those trying to expand and modernize their 1960s homes, as distinguished from a mere inconvenience. 6. No request is consistent with the Neighborhood Revitalization Strategy and Envision Wheat Ridge goals for the modernization and expansion of Wheat Ridge's housing stock to make it more livable and marketable for current and future homeowners. 11 4 Date Community DeveloYment Director City Of Wh6atP*4,.idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: October 25, 2016 CASE MANAGER: Zack Wallace CASE NO. & NAME: WA -16-15 / Beeson ACTION REQUESTED: Approval of a 4 -foot (27%) variance from the 15 -foot side yard setback and a 19 square foot (0.15%) variance from the maximum building coverage of 25% to allow a building coverage of 25.15% on property located at 21 Paramount Parkway and zoned Residential -One (R-1) LOCATION OF REQUEST: 21 Paramount Parkway APPLICANT (S): Elizabeth Beeson OWNER (S): Elizabeth and Robert Beeson APPROXIMATE AREA: 12,632 Square Feet (0.290 Acres) PRESENT ZONING: PRESENT LAND USE: Residential -One (R-1) Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) NEIGHBORHOOD REVITALIZATION (X) ZONING ORDINANCE STRATEGY Location Map Courtesy Review Case No. WA-16-XX/Beeson Site JURISDICTION: All administrative and posting requirements have been met; therefore there is jurisdiction to make an administrative decision. I. REQUEST The applicant is requesting approval of a 4 -foot (27%) variance from the 15 -foot side yard setback requirement, resulting in a 10 -foot side yard setback. The applicant is also requesting a 19 square foot (0.15%) variance from the maximum building coverage of 25% for the Residential -One zone district. The purpose of these variances is to allow for an addition onto the rear of 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. IL CASE ANALYSIS The variance is being requested so the property owners may construct an addition to the rear of the home. The property is located in Paramount Heights, near 29th Avenue and Kipling Street. The subject property is located across the street from Paramount Park (Exhibit ;< The existing house sits on a 12,632 square foot parcel and was originally constructed in 1967 per the Jefferson County Assessor. The property is zoned Residential -One (R-1), as is most of the surrounding neighborhood to the west. To the southeast near the intersection of 26th Avenue and Kipling Street is an area zoned Residential - Three (R-3) and Commercial -One (C-1) VExhihit 2, Zonis Map). The R-1 zone district provides for high quality, safe, quiet and stable low-density residential neighborhoods, and prohibits activities of any nature which are incompatible with the residential character. The R-1 zone district is the City of Wheat Ridge's largest lot single family zone district, and requires a 30 -foot front yard setback, and 15 -foot side and rear setbacks. The proposed addition to the home will encroach upon the required side (north) setback, prompting the request for a 4 -foot variance to the 25 -foot setback, a variance of 27%. The R-1 zone district also calls for the largest single-family mimimum lot size (12,500 square feet) and smallest percentage of allowed building coverage (25%). The applicant's proposal exceeds the maximum building coverage by 0.15%, or 19 square feet. The deviation from the maximum building coverage is so minimal that it will not be noticed on such a large lot. The site plan 6Qi&Lit 3,,&&P illustrates that alternatives are possible. However, the addition, as proposed, would add space to the existing garage and dining room. Offsetting this addition would not provide the homeowners with the areas of expansion they would like. It should also be noted that a `pop -top' would be possible on this property as the maximum allowed residential building height is 35 feet. This is difficult as it would require the rearranging of interior spaces to allow the expansion of specific rooms. Additionally, a second story would be out of character with the surrounding Paramount Heights neighborhood which consists primarily of low -slung ranch style homes. The homeowners are proposing to keep their home consistent with the character of the neighborhood, while still investing in their property and expanding their living spaces. Courtesy Variance Case No. WA -16-15I Beeson The following table compares the required R-1 development standards with the actual and proposed conditions: R-1 Development Standards: Required Actual Lot Area 12,500 square feet (min) 12,632 square feet Lot Width 100 feet (min) 104.4 feet One iamil dwelling: Required House + Proposed Addition Building Coverage 25% max 25.15% Height 35 feet (max) —12 feet Front Setback (East) 30 feet (min) 30 feet Side Setback (North) 15 feet (min) 11 feet Side Setback (South) 15 feet (min) —12.5 feet — existing non- conforming setback per 1968 ILC Rear Setback (South) 15 feet (min) 45 feet 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 4, Request and Exhibit 5, Review Criteria). Staff provides the following review and analysis of the variance criteria. , 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request were denied, the property would continue to yield a reasonable return in use. The property would continue to function as a 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 Paramount Heights neighborhood consists primarily of low -slung ranch style homes. The homeowners could, by right, do a `pop -top' to make the addition of specific rooms of the home function within the existing building footprint of the home. That being said, the second story would be somewhat out of character with the existing environment. While the variance process is necessary for the request submitted, it allows the homeowner to expand certain sections of the home without disrupting other portions of the home, and maintains a consistent community character. Staff finds the variance request to be more in line with the character of the locality than other options allowable by the zoning code. Staff finds this criterion has been met. Courtesy Variance Case No. WA-16-15/Beeson 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 and Envision Wheat Ridge. 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 and neighborhood prompts the need for this variance request. While a different configuration of the addition may not require a variance, the proposed configuration allows the homeowner to maintain functionality in the majority of the home, while expanding two specific rooms in which they desire additional space. 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 lot creates a unique hardship. Due to the curve of the public streets in the neighborhood, many of the properties, including the subject property have sloping lot lines. The front property line is approximately 104.5 feet in length, while the rear property line measures only 80 feet. This means that the side property lines are angled, and the lot is not a typical rectangular lot. because the home was built in a typical retangular fashion: and not in line with the sloped property lines, it is not feasible for the property owner to expand the two rooms they wish to expand into the rear yard without encroaching upon the setbacks. This home was built with a non -conforming side setback on the south side, per a 1968 Improvement Location Certificate. The side of the home closest to the street maintains the required 15 foot setback, however the home is built squarely, while the lot angles back, meaning the setback is encroached upon towards the rear of the home. Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The alleged difficulty relates to the property lines and how the home was constructed. The property was platted in 1959 and the home was built in 1967. The current owner purchased the property in 2015 per the Deed of Trust, and thus had no hand in the creation of the lot or the home. Staff finds this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to Courtesy Variance Case No. WA -16-15/ Beeson 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. The unusual circumstances largely stem from the lot configuration along the curved road. This circumstance is common througlibut the Paramount Heights neighborhood, as the gently curving streets are arguably a defining feature of this area. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. This criteria does not apply to single-family homes. 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 4 -foot (27%) variance from the 15 -foot side yard setback requirement and of a 0.15% variance from the 25% lot coverage requirement for a property zoned Residential -One (R-1) Courtesy Variance Case No. WA-16-15/Beeson and located at 21 Paramount Parkway. 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 curving streets in the Paramount Heights neighborhood have created lot layouts which create hardships on those trying to expand and modernize their 1960s homes, as distinguished from a mere inconvenience. 6. The request is consistent with the Neighborhood Revitalization Strategy and Envision Wheat Ridge goals for the modernization and expansion of Wheat Ridge's housing stock to make it more livable and marketable for current and future homeowners. Courtesy Variance Case No. WA-16-15/Beeson EXHIBIT 1: AERIAL Courtesy Variance Case No. WA -16-151 Beeson EXHIBIT 2: ZONING MAP Courtesy Variance Case No. RA-16-I5/Beeson set EXHIBIT 3: SITE PLAN Proposed 3 -foot Existing setback encroachment Courtesy Variance Case No. IFA -16-15.%Beeson Property Boundary 1010 r *Drawing prepared by Staff based on applicant's proposal and ltCprepared October 1968 EXHIBIT 4: REQUEST Request and Description of the Proposal Homeowners at 21 Paramount Parkway are wanting to expand garage space as well as dining room space. The covered patio that is depicted on the original plans was enclosed years ago by previous owners. That space is currently used as a dining room. The homeowners would like to expand the dining room back 15 feet towards the west (back of the home). The new "back of the house" that will be created will then continue and extend to the north and create additional garage space. This project will not comply with the current, zoning standards for the side yard setback of 15 feet. Homeowners are requesting a 30-40% variance for the side yard setback as the garage, at the closest point to the neighbor to the north, will be between 8 and 10 feet from the property line as we can decipher rather than the required 15 feet. Alternative designs that would comply with the zoning standards would limit the garage space and either create an awkward design (the side wall of the home that is on the north side would need to run at the same angle as the property line which would make the space awkward) or the garage would need to be cut in about 15 feet at the connection point to the current garage so that the wall built directly back complies with the zoning standards. This would severely limit the project and negate the purpose in expanding the garage as the additional garage space would not be enough to use as an actual garage. it would be more like a small, work room or enclosed shed type space. Proposed Building Elevations and Materials / Color Scheme The roofline will need to be adjusted but the roof will actually tie in to the current, highest point of the home and create a more consistent roofline. If there is a height difference due to the project it will be minimal. As for materials being used, much of the existing brick will be used for the outside walls and either matching brick or siding will be used. Where it can be seen from the front of the home, brick will be used. Along those lines, the project will stay in the same color scheme as the current home — red brick and grey siding. Courtesy Variance 10 Case No. W,9-16-15/Beeson EXHIBIT 5: REVIEW CRITERIA Variance Review Criteria Response for 21 Paramount Parkway 1) The property in question (21 Paramount Parkway) will increase in value if allowed to have this variance due to the improvements that will be made to the property as well as the aesthetics as the roof line will be more consistent after the addition and the addition will allow for more garage parking so there will not be as many vehicles parked in the driveway or lining the park. 2) The variance will not alter the essential character of the locality. 3) We are proposing a substantial investment in this property with the allowance of this variance. If the variance is not approved, then the addition does not make sense financially as the space would be significantly diminished and limited and yet the price of the addition would not decrease substantially. 4) Due to how the lot is designed and the house place on said lot, there is a unique hardship in creating an addition and adding to the garage as the wall would either need to be at an angle to stay within the variance expectations of 15 feet (which would significantly inhibit the addition and limit the space that can be added as well as would be very awkward in design) or, if staying at the 15 feet variance and having a wall that runs parallel to the existing wall makes the addition null as you would only be adding about a 1 car addition at that point for a significant cost. 5) The hardship of the design of the home in relation to the property line was not created by the current property owners. 6) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvement in the neighborhood in which this property is located (Paramount Heights). It will not create congestion, it will not impair the appropriate use or development of an adjacent property, it does not impair adequate light or air to the adjacent property, nor increase danger of fire or other issues of public safety. It will not diminish or impair property values within the neighborhood but will, in actuality, increase property value. The home to the south of the property has a similar extension on the back of that home that was used to create a large, master suite and increased the property value. 7) The unusual circumstance of needing this variance is due to how the homes are positioned on the lots and the odd shapes of the lots. This is not unique to this property and is seen throughout the neighborhood in various areas. Courtesy Farianee Case No. N!9-16-15; Beeson EXHIBIT 6: SITE PHOTOS All photos courtesy of Google, Site photos will be taken at a later date. Courtesy Variance 12 Case No. WA -16-151 Beeson Courtesy Variance 13 Case No. WA -16-15/ Beeson City of �/ Wheat Jge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE November 3, 2016 Dear Property Owner: This is to inform you of Case No. WA -16-15, a request for approval of a 4 -foot (27%) variance from the 15 -foot side yard setback and a 19 square foot (0.15%) variance from the maximum building coverage of 25% to allow a building coverage of 25.15% on property located at 21 Paramount Parkway and zoned Residential -1 (R-1). The attached aerial photo identifies the location of the variance request. The applicant for this case is requesting a variance eligible for administrative review per section 26-115.0 of the Municipal Code to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adjacent property owners are required to be notified of the request. If you have any questions, please contact the Planning Division at 303-235-2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on November 14, 2016. Thank you. WA1615.doc www.ci.wheatridge.co.us DUCKWORTH THOMAS E DUCKWORTH LOVELACE STUART A SCHRANT ANDREW J SCHRANT MARIA B VICKI 1 22 SKYLINE DR 19 PARAMOUNT PKWY 23 PARAMOUNT PKWY WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215 LAKEWOOD CO 80215 JEFFERSON COUNTY WHITE CHRISTINE S Robert & Elizabeth Beeson 100 JEFFERSON COUNTY PKWY 20 SKYLINE DR 21 Paramount Pkwy GOLDEN CO 80419 LAKEWOOD CO 80215 Wheat ridge 80215 NOTE: Land use applications must be submitted BY APPOINTMENT with a City Of planner. Incomplete applications will not ]�qrWh6atR�iOge 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) Applicant(l 'a Email f / 1 M us4-, , ae Address, City, State, Zip 2 l I Pa_y-aA0g6I,I n F- �Mji , W hew 1K J o CO M [ Owner C (i z4tA a ') ,ob,e C ¢Lscnphone saw Email Address, City, State, Zip _ - Contact L.50L jej, _s30Q yl Phone 8 q- 2- Email Address, City, State, Zip (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): 2- 1 Cx.r-c Y►'1D�n 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) 1X Variance/Waiver (from Section 26- ) O Right of Way Vacation O Other: Detailed description of request: I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney _from the owner which approved of this action on hi�b�1f---. Notarized Signature of AppJ State of Colorado ��-- County of 0 z lfY�'w,,— �- The foregoing instrument (Land Use Processing Application) was acknowledged by me this a t day of Z CTo43rl' 20 /6 by 1?6 ROBIN LEE EATON Notary Public My commission expires _2_J L/20C�U State of Colorado Notary Public Nbtaty 10 N 20164034534 To be filled out by staff: Date received Comp Plan Design. Related Case No. Assessor's Parcel No. Size (acres or sgft) —r�ro ; S54 Rcv 1/22/ 2016 Fee ;�C,b Receipt No. Pre -App Mtg. Date Current Zoning A Proposed Zoning _ Case No. WA- it. Quarter Section Map _512 22( Case Manager 1e - Current Use Proposed Use City of Wheat n:idne 11/@S/2416 i :E+! CDBH %ONING APPLICATION FEES CIA -013549 AriDUN T FMSD ZONING' APPLICATION FEES 3-00.00 PAYMENT RECEIVED AMOUNT CHECK: 10450 iip, H TOTAL ---------------------------------------- Rev. 5/2014 City of W heat idge CommumiY DEVELOPMENT Submittal Checklist: Variance Project Name: ebb U 5 Project Location: A 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: 'CCompleted, notarized land use application form _2. Application fee ria. Signed submittal checklist (this document) -74. Proof of ownership—e.g. deed N 41,-5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 1,-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. Surveyor Improvement Location Certificate (ILC) of the property —8. To -scale site plan indicating existing and proposed building footprints and setbacks 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. ) �!Ze rDate: (please print): i uz �o e_ F' ('�'C d`1 Phone: Community Development Department - (303) 235-2846 - www.ci.wheatridge.co.us D, MAIL TO: JS"r COMPANY SE DRIVE .O, TENNESSEE 37129 .s prepared by: L)ST COMPANY iSE DRIVE LO, TENNESSEE 37129 [Space Above This Line For Recording Datal DEED OF TRUST MIN: 100394900004198118 SIS Telephone #: (888) 679-MERS iltiple sections of this document ars edefined ned belownt are and also otherproviwored idi� Section defined f ned in Sections 3, 11, 13, 18, 20 and 21. .rding the usage of words used i strument" means this document, which is dated May 11, 2015. together with all Riders EESON HUSBAND AND WIFE Boroowerthis isr thetustor under this is ROBERT N BEESON AND ELIZABETH A B nit. rganized and existing under the GUARANBMPAMURFREESBORO,TENNESSEE �ws of TENNESSEE. 37129 is 316 ROBERT ROSE DRIVE, the Public Trustee of JEFFERSON County, Colorado. Mortgage Electronic Registration Systems, hI c. My under this Security arate corporation that t.'MERSis orgy lsolel azed as a nd�existi for er's successors and assigns. MER5 f Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679 -MER . Lender ns the promissory note signed by Borrower and dated May 11, 2011 s The interest.BorrowerBorrowe e states rhaoprom Borrowerowes tospay this debt �iin VEN THOUSAND AND NO/100 Dollars (U.S. $407,0002045 Payments and to pay the debt in full not later than June 1, 'means the property that is described below under the heading �t charges randR'tehts charges dtile u under the Note, and all sums ans the debt evidenced by the Note, plus interest, any p p Y security Instrument, plus interest. cans all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by k box as applicable]: Condominium Rider ❑ El Second Home Rider .astable Rate Rider EJ VA Rider con Rider ❑ Planned Unit Development Rider Family Rider ❑ Biweekly Payment Rider er ISpecify] able al' statenon-appealable lstatutes, regulations., judicial opinionsrdinances and administrative rules an e Law" means all controlling applicable e ail ve the effect of law) as well as all apl Form 3006 1101 igle Family -Fannie MaelFreddie Mac UNIFORM INSTR gMEN f with MERS rri (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charg Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so authorize a financial institution to debit or credit an account. Such terra includes, but is not limited to, point-of-sal teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any i insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property other taking of all or any pail of the Property; (iii) conveyance in lieu ofcondemnation; or (iv) misrepresentations of, value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loai (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, 1 under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its imph Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, orally additional or successor leg: that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related m RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Properly, whether or not tha Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lenderand Lender's successors and assigns and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renew modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrr For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to T power of sale, the following described property located in the County of JEFFERSON: SEE ATTACHED EXHIBIT "A" which currently has the address of 21 PARAMOUNT PKWY WHEAT RIDGE, COLORADO 80215, ("P TOGETHER WITH all the improvements now or hereafter erected on the property, or hereafter a part of the property. All replacements and additions shall also be covered bydthis Sec uritytInstrument. All referred to in this Security Instrument as the "Properly." Borrower understands and agrees that MERS holds only legal t granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominr Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the and sell the Property; and to take any action required of' Lender including, but not limited to, releasing and cance Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to gra Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend ge the Properly against all claims and demands, subject to any encumbrances of reco payable. rd and liens for taxes for the current y e; COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS DS, Inc Page 2 of 11 PO Box 77404 - Ewing, NJ 08628 STATEMENT ENCLOSED + 0678065 000043763 09CLST 0931110 GZ AF06JO EF ROBERT N BEESON ELIZABETH A BEESON 21 PARAMOUNT PKWY WHEAT RIDGE CO 80215-6652 II11111111111 Jill 11111111IsIII IIII Ir6lalIII 1111'111'111111'1111 Loan Statement Statement Date: 10/14/16 Account Number: 0062229604 Payment Due Date 11/01/16 Amount Due $2,464.27 /)payment is received after 11/17/16, $95.69 /ate lee will be charged. Contact Us Customer Service/Pay By Phone: 877-629-6704 Website: https:Hguarantytrust.loanadministration.com E-mail: customerservice@loanadministration.com `Qualified Written Requests, notifications of error, or requests for information concerning your loan must be directed to PO Box 77423 Ewing NJ 08628 Account Information Explanation of Amount Due If you are Experiencing Financial Difficulty: You may call the U.S. Department of Housing and Urban Development (HUD) at 800-569-4287, or go to Property Address 21 PARAMOUNT PKWY WHEAT RIDGE, CO 80215 Past Due Amount: www hud gov/officesrhsc/sfh/nccsdhcIm for a list of homeowner counselors or counseling $0.00 Unpaid Late Charges: organizations in your area. Outstanding Principal $394,006.73 Principal $641.55 Escrow Balance $1,936.85 Interest $1,272.31 Maturity Date June 2045 Escrow (for Taxes and Insurance) $550.41 Interest Rate 3.8750% Other $0.00 Prepayment Penalty NONE Current Payment Due 11/01/16 $2,464.27 Total Fees Charged Since Last Statement $0.00 $ Other Fees $ Overdue Amount $0.00 Total Amount paid $ Total Amount Due $2,464.27 Transaction Activity (09/15/2016 to 10/14/2016) Date Description Charges Payments 10/14/16 10/2016 PAYMT - THANK YOU $2,464.27 10/14/16 ADDL PRIN $36.00 Past Pa mentS Breakdown Unapplied funds represent funds that are held in suspense waiting final application. if this amount represents a partial payment y your payment will be applied upon receipt of the amount repueed to compete your payment Paid Since Last Statement Paid Year to Date Principal $675.37 $8,214.44 Interest $1,274.49 $12,861.10 Escrow (Taxes and Insurance) $550.41 $4,538.05 Other $0.00 $0.00 Fees $0.00 $0.00 'Unapplied Funds $0.00 $0.00 Total $2,500.27 $25,613.59 IMPORTANT MESSAGES Mortgage Pay by Phone available 24 hours a day, 7 days a week. Tired of writing checks and paying postage? We offer a convenient system that automatically debits your payment each month from your checking or savings account. To take advantage of this FREE service, visit our website and complete the Automatic Payment (ACH) Authorization or contact Customer Service. I�I LENDER See Reverse Side For Additional Important Information Please return this portion with your payment Robert N Beeson Make Checks Payable To: Elizabeth A Beeson Check this box if your address or 21 Paramount Pkwy personal information has been Ma«w ra. taNm Wheat Ridge CO 80215-6652 updated on the reverse of this payment coupon. Payment Due Date: 11/01/16 Current Payment: $2,464.27 Past Due Amount: $0.00 Unpaid Late Charges: $0.00 Other Fees: $0.00 TOTAL AMOUNT DUE: $2,464.27 After 11/17/16 Pay: $2,559.96 Late Charge $ Additional Principal $ Additional Escrow $ Other Fees $ Total Amount paid $ 'See reverse side for instructions Account Number: Amount 0062229604 Enclosed PAYMENT PROCESSING CENTER PO BOX 54040 LOS ANGELES, CA 90054-0040 II��I�I11'�'II�III�1111a11 I��III'�11�11a�all�l111111alallla�laal 0300000006222960400GZD365100000246427000002559960000024642700000009569 GZ Request and Description of the Proposal Homeowners at 21 Paramount Parkway are wanting to expand garage space as well as dining room space. The covered patio that is depicted on the original plans was enclosed years ago by previous owners. That space is currently used as a dining room. The homeowners would like to expand the dining room back 15 feet towards the west (back of the home). The new "back of the house" that will be created will then continue and extend to the north and create additional garage space. This project will not comply with the current, zoning standards for the side yard setback of 15 feet. Homeowners are requesting a 30-40% variance for the side yard setback as the garage, at the closest point to the neighbor to the north, will be between 8 and 10 feet from the property line as we can decipher rather than the required 15 feet. Alternative designs that would comply with the zoning standards would limit the garage space and either create an awkward design (the side wall of the home that is on the north side would need to run at the same angle as the property line which would make the space awkward) or the garage would need to be cut in about 15 feet at the connection point to the current garage so that the wall built directly back complies with the zoning standards. This would severely limit the project and negate the purpose in expanding the garage as the additional garage space would not be enough to use as an actual garage. It would be more like a small, work room or enclosed shed type space. Proposed Building Elevations and Materials / Color Scheme The roofline will need to be adjusted but the roof will actually tie in to the current, highest point of the home and create a more consistent roofline. If there is a height difference due to the project it will be minimal. As for materials being used, much of the existing brick will be used for the outside walls and either matching brick or siding will be used. Where it can be seen from the front of the home, brick will be used. Along those lines, the project will stay in the same color scheme as the current home — red brick and grey siding. I —5 Catifitak, of W06H.BWSWift A AS#"jgIft. INC. NSA" "W"o 6 VAN cmiAl,.Aws ST —SA GOOK 104 J1.12 Vf34 1 "van CO%44*00 404(m Scol* i. ab~ is a uvw and #.t~tptna of A oww" uulh by as dft Of 010 POPftV dl"w loo a* 4t Oct Lot 22, bloCk 4. ?;,r.AMunty UNT HEIGWM PART Fl of iZ �?At* Of COI*r�,.10, er"k I I on r %MOM ft 0% 4w 4m+Y+ww.This PW ectadNo lum pavpmm a" aft" 00 66 a" sw of 0114610mmW WnL 9Ambodaftev %L I;y i r"i 40 .. .. w •0 w we .r Variance Review Criteria Response for 21 Paramount Parkway 1) The property in question (21 Paramount Parkway) will increase in value if allowed to have this variance due to the improvements that will be made to the property as well as the aesthetics as the roof line will be more consistent after the addition and the addition will allow for more garage parking so there will not be as many vehicles parked in the driveway or lining the park. 2) The variance will not alter the essential character of the locality. 3) We are proposing a substantial investment in this property with the allowance of this variance. If the variance is not approved, then the addition does not make sense financially as the space would be significantly diminished and limited and yet the price of the addition would not decrease substantially. 4) Due to how the lot is designed and the house place on said lot, there is a unique hardship in creating an addition and adding to the garage as the wall would either need to be at an angle to stay within the variance expectations of 15 feet (which would significantly inhibit the addition and limit the space that can be added as well as would be very awkward in design) or, if staying at the 15 feet variance and having a wall that runs parallel to the existing wall makes the addition null as you would only be adding about a 1 car addition at that point for a significant cost. 5) The hardship of the design of the home in relation to the property line was not created by the current property owners. 6) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvement in the neighborhood in which this property is located (Paramount Heights). It will not create congestion, it will not impair the appropriate use or development of an adjacent property, it does not impair adequate light or air to the adjacent property, nor increase danger of fire or other issues of public safety. It will not diminish or impair property values within the neighborhood but will, in actuality, increase property value. The home to the south of the property has a similar extension on the back of that home that was used to create a large, master suite and increased the property value. 7) The unusual circumstance of needing this variance is due to how the homes are positioned on the lots and the odd shapes of the lots. This is not unique to this property and is seen throughout the neighborhood in various areas. • .� a �.. i� • + . ✓' Pr" -4mmame'd sv*1 L I I WWA. M.SwVl4A & A*600 -ras otua-AMIL wom" f,cm, agwo h 40: it I