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HomeMy WebLinkAboutWA-17-17City of W heat Rdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29`' Ave December 14, 2017 Gabe Vanderstraten 4100 Everett Drive Wheat Ridge, CO 80033 Re: Case No. WA -17-17 Dear Mr. Vanderstraten: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please be advised that your request for a 15 -foot (50%) variance from the required 30 -foot rear yard setback for yards which abut a public street on property zoned Residential -One (R-1) and located at 4100 Everett Drive has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (June 14, 2018) of the date it was granted unless a building permit for the variance has been obtained within such period of time. You must obtain a Right -of -Way (ROW) permit from the Public Works Department. You can apply for a building permit once there is approval of a second driveway from the Public Works Director. Please feel free to be in touch with any further questions. Sincerely, Tammy Odean Administrative Assistant Enclosure: Approval of Variance Case Report Cc: WA -17-17 (case file) WA1717.doc www.ci.wh eatridge.co.0 s 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 City of W h6atFl iAe Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 4100 Everett Drive referenced as Case No. WA -17-17 / Vanderstraten; 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 15 -foot (50%) variance from the required 30 - foot rear yard setback for yards which abut a public street on property zoned Residential -One (Case No. WA -17-17 / Vanderstraten) is granted for the property located at 4100 Everett Drive, based on the following findings of fact: The variance would not alter the essential character of the neighborhood. 2. Existing conditions on the property present a particular and unique hardship, including the slope of the lot and the presence of three street frontages. 3. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. 4. The request would not be detrimental to public welfare. 5. The applicant is proposing a substantial investment in the property. With the following conditions: 1. The garage shall be no larger than 1,000 square feet in size. 2. The design and architecture of the proposed garage shall be consistent with representation depicted in the application materials, subject to staff review and approval through review of a building permit. 3. The garage shall not be permitted as a dwelling unit. 4. The applicant shall submit a letter to the Director of Public Works petitioning for a second driveway access. A Right -of --Way Permit and the Director's permission shall be obtained 7before7iss nga buil i g permit. r !~Kenneth Johnstone P Date Community Deve ment Director City of ,,;0rWheat -Midge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: December 12, 2017 CASE MANAGER: Scott Cutler CASE NO. & NAME: WA -17-17 / Vanderstraten ACTION REQUESTED: Approval of a 15 -foot (50%) variance from the 30 -foot rear yard setback requirement for rear yards abutting public streets, allowing a garage to be constructed on property located at 4100 Everett Drive and zoned Residential - One (R-1). LOCATION OF REQUEST: 4100 Everett Drive APPLICANT (S): Gabriel Vanderstraten OWNER (S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: Gabriel Vanderstraten 29,399 Square Feet (0.675 Acres) Residential -One (R-1) Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 15 -foot (50%) variance from the 30 -foot rear yard setback requirement for rear yards abutting a public street. The purpose of this variance is to allow for the homeowner to construct a 988 -square foot detached garage in the rear (northeast) corner of their yard. 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 a garage in the northeast corner of the lot. The property is located on Everett Drive at the corner with W. 41St Avenue. The existing house sits on a 29,399 -square foot parcel and was originally constructed in 1948 per the Jefferson County Assessor (Exhibit 1). The property is zoned Residential -One (R-1), as are all of the properties in the vicinity west of Dudley Street. Anderson Park, zoned Public Facility (PF), lies across Clear Creek to the northwest (Exhibit 2). 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 low-density residential character. In the R-1 zone district, a major accessory structure requires 15 -foot minimum side and rear setbacks, but those setbacks increase to 30 feet for all structures when the yard borders a public street. The proposed garage will encroach upon the required setback, prompting the request for a 15 -foot variance from the rear setback (50%). The site plan (Exhibit 3) shows the proposed location for the garage, and indicates the topographic lines, showing the slope of the property. The garage would be located in a less steep portion of the backyard, though it is clear that the proposed location will still be significantly higher in elevation than Everett Drive. The site plan shows that feasible alternatives in the rear yard are not possible due to the slope of the yard, which increases approximately 13 feet in elevation from the Everett Drive to the base of the house. The elevations (Exhibit 4) and floor plan (Exhibit S) show a custom-designed structure with a sloped roof, multiple windows, and detailed garage doors. It would be built with asphalt shingles and a stucco exterior. The initial plans, shown in Exhibit 5, show a garage that is 1,014 square feet in size. After submitting for a building permit application, Staff noted that the maximum size for an accessory building in the R-1 zone is 1,000 square feet, and the applicant noted they would re -submit plans for a garage that is 26 by 38 feet or 988 square feet if the setback variance is approved. Per City code, garage setbacks cannot be between 5 and 18 feet in length. The purpose of the regulation is to allow setback encroachments where there will not be the possibility of vehicles parked Administrative Review Case No. WA -17-17 / Vanderstraten in the driveway extending into public rights-of-way (Sec. 26-625.C). In this case, however, the property line is located approximately 15 feet away from the edge of pavement on Everett Drive, as shown on the site plan. This would result in a driveway with a minimum length of 30 feet, 12 feet greater than the required driveway setback of 18 feet. This is an ideal setback based on code requirements. As shown in the site plan, the garage is not parallel to the street, so the driveway would be 45 feet long on the east side of the garage, with 30 feet of it located on the subject property. The applicant is proposing a substantial investment in the property. Plans were submitted on October 27, 2017 for an extensive remodel of the home that includes converting the existing small attached garage into living space. The detached garage is being reviewed as a separate permit, pending approval of this variance. Development Standards The parcel meets minimum standards for the R-1 zone district, and the garage meets the standards for major accessory structures in residential zones. 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) 29,399 square feet Lot Width 100 feet (min) 120 feet (at front setback) Building Coverage 25% (max) —15.1 % (with garage) Minor Accessory Building: Required Proposed Garage Building Coverage 1,000 square feet (max) 988 square feet* Height 15 feet max 12.5 feet (at mid -roof) Rear Setback (North) 30 feet (min) 15 feet *The original plans showed a 1,014 square foot garage, but the applicant is reducing the dimensions to meet the R-1 zone requirements. Public Noticing Period During the 10=day public notification period, staff received two phone inquiries. No written 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. 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. However, if the variance was denied, the property would not have a useable garage, which is a common expectation of homeowners. Administrative Review Case No. WA -17-17 / Vanderstraten Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. Several surrounding properties have large detached garages. The property immediately to the northwest, 4141 Everett Drive, has an 842 -square foot detached garage. A property to the southwest, 4099 Field Drive, has a 732 -square foot detached garage that is set back less than 30 feet from the property line. The house likely encroaches on the 30 -foot setback as well, but it is difficult to determine based on limited records of that property. Both of these nearby properties also have two -car attached garages in addition to the detached garages, so the applicant's request is not out of context for the surrounding neighborhood. In addition, 4145 Dudley Street, to the east, has a 3 -car attached garage set back approximately 20 feet from the right-of-way on Everett Drive. The garage could disrupt the undeveloped character of the rear yard and the views from the street. The existing home faces to the northwest and has a terraced, sloping lawn down to Everett Drive, which the garage would interrupt, but this would be the case even if the garage did meet the setback. The R-1 zone district allows accessory buildings of the proposed size. 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. Building a garage elsewhere in the rear yard is likely possible, though it would require significant engineering work to deal with the slope, setback requirements, and position of the existing home. It potentially could be cost -prohibitive for the homeowner. Because the property is essentially surrounded on three sides by a public street, moving the garage to the northwest corner would also require a setback variance, even if it was attached to the house. A garage could not be built in the side (west) or front (south) yard, without major disruption to the existing home—including the blocking of windows and entrances --or the destruction of the yard. 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 two features that create a physical hardship in this case: the slope of the property and the adjacency to a public street on three sides of the lot. The property steeply slopes in the rear Administrative Review 4 Case No. WA -17-17 / Vanderstraten yard in a natural terrace style; the home is 10-13 feet higher than the edge of pavement on Everett Drive in this location. The applicant has indicated a 30 -foot setback would require major excavation work as there is a 5 -foot contour change from the proposed 15 -foot to the required 30 -foot setback. The construction would require a retaining wall and more disruption to neighbors as a longer construction period would be required. Despite being a large lot, the curvature of the lot and the position of the existing home and driveway limits the options for building sites. Everett Drive wraps the property on the north and west and W. 41St Avenue is adjacent to the south property line. It is unusual in Wheat Ridge to have a property with three street -facing frontages and three sides from which a 30 -foot setback is required. 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. Because the current owner neither platted the lot, nor constructed the home in its current location or orientation, these difficulties related to slope and right-of-way frontage have not been created by any person presently having an interest in the property. However, since the applicant has noted the existing attached two -car garage is being converted into living space, the need for a new garage was created by the applicant. Staff finds this criterion has not 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 garage will be of a high-quality custom-built style, and could be an architectural asset for the property. Staff finds this criterion has been met. Administrative Review Case No. WA -17-171 Vanderstraten 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Surrounding properties are similarly -sized and built in similar styles. The rights-of-way in the area, including Everett Drive, W. 41s' Avenue, Everett Street, and Estes Street, greatly exceed the paved portion of the street, resulting in properties where a significant portion of yards and driveways lie in the right-of-way. The wide right-of-way limits the buildable portions of these lots, and the sweeping curves found in the neighborhood create irregular lots and buildable areas. Lastly, due to its location near Clear Creek, the neighborhood has steeper slopes than many areas of Wheat Ridge, making the development of the properties more difficult. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. 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 15 -foot (50%) variance from the required 30 -foot rear yard setback for rear yards which abut 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 neighborhood. 2. Existing conditions on the property present a particular and unique hardship, including the slope of the lot and the presence of three street frontages. 3. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. 4. The request would not be detrimental to public welfare. 5. The applicant is proposing a substantial investment in the property. With the following conditions: 1. The garage shall be no larger than 1,000 square feet in size. Administrative Review Case No. WA -17-17 / Vanderstraten 2. The design and architecture of the proposed garage shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a building permit. 3. The garage shall not be permitted as a dwelling unit. 4. The applicant shall submit a letter to the Director of Public Works petitioning for a second driveway access. A Right -of -Way Permit and the Director's permission shall be obtained before issuing a building permit. Administrative Review Case No. WA -17-17 / Vanderstraten EXHIBIT 1: AERIAL Administrative Review Case No. WA -17-17 / Vanderstraten EXHIBIT 2: ZONING MAP 04340 ' 04305 04300 of 04305 W heat F<i�c i 04305 04300 Geographic 04285 1'04280 ; Information Systems 04285 Lenend x04260 04265 \ 04265 Subject Property 04199 Residential -One (R-1) 04255 04240 Residential -Two (R-2)AL - ? 04235 Public Facility (PF) / 04199,6 04220 11l���f ILA. 7f`: ' 04225 --� D4197 04200 04183 04195 04181 04141 04185 04171 04190 EVE RETT-04193 04091 OR,'\ 04141' / 04180 /// 04184 04111 04190 08801 04100 04093 .04141 08795 08755 04145 04100 e 1 04095 41 STAVE 04092 �(.� 04097 F� 04090 04095 08696 04044 �� 04090 R 04099 04090 04050 04096 04085 04080 04070. \ 04076 04041 04096 04070 N 03960 04040 040515 W 04055 04040 04031 J 04050 D 03940 04030 04025 p F. 04020 04021 04015 y 04020 03920 .03825 W 04010 04011 w 04000 04005 W F State Plena Coordmate Projection N > (%) Colorado Central Zone W (n 04010 Datum. NAD03 N '\ W 03890 03891 I— 03893 03860 03840 W 03888 Administrative Review 9 Case No. WA -17-17 / Vanderstraten EXHIBIT 3: SITE PLAN Administrative Review 10 Case No. WA -17-17 / Vanderstraten EXHIBIT 4: ELEVATIONS ,15 PITCH REAR ELEVATION LEFT ELEVATION va• = r -V va = r o SPECIFICATIONS: -ASPHALT SHINGLES -10' TO 15' WALLS '2X6 -STUCCO EXTERIOR ILIUM LJ ALJ"i Q-•rU00 M�JTMU IMCIM- ' Q1Iu0'M X1=01®[ IIMOMJ®! MM07, � ''•�:'���. reP s!` r, L f r .S � a „�.r'# �y -+`� cf cV'o 'x � . a.-rti:<<' . FRONT ELEVATION ,re.. =,._o.. Administrative Review Case No. WA -17-17 / Vanderstraten ,l5 PITCH RIGHT ELEVATION 11 EXHIBIT 5: FLOOR PLAN BUILDING CONTRACTOR/HOME OWNER TO REVIEW AND VERIFY ALL DIMENSIONS, SPECS, AND CONNECTIONS BEFORE CONSTRUCTION BEGINS. GARAGE TO BE BUILT AS PER IRC, UBC OR CURRENT LOCAL CODE SHEET INDEX PAGE 1 TITLE MAIN FLOOR PIAN PAGE 2 SITE PLAN PAGE 3 ELEVATION VIEWS PAGE 4 FOUNDATION PLAN PAGE 5 FRAMING AND DETAILS PAGE 6 DETAILS PAGE 7 -- Architectural asphaN shingles and atuxstructural o over panel. Nailing schedule is 6" on ends 12" on centers 6d nails. Trusses are 29'L X 11Y."H X 3Yi'W a 24" o.c. end framing is 2" z G' on 16" centers. 10' to 15' cMing height on the mein Noor. 3S'-0" ---12'-0"----- 3'1" ---- 24'-0" � � b Y GARAGE MAIN FLOOR PLAN 3116" = T-0" Note: The dimensions on this submitted floor plan show 39 feet by 26 feet, which totals 1,014 square feet. Staff informed the applicant that the proposal was too large for accessory buildings in the R-1 zone, which allows up to 1,000 square feet. The applicant will re -submit plans which have a footprint of 988 square feet, in compliance with code. Administrative Review Case No. WA -17-17 / Vanderstraten 12 EXHIBIT 6: SITE PHOTOS Another view of the yard facing south ftom Everett Drive. The garage would be to the left of the tree, visible through its branches. The yard slopes up to the house from the street in terraces, and the garage would be located on the flat portion between them. Administrative Review 13 Case No. WA -17-17 / Vanderstraten View from the west side of the property looking northeast across the rear yard. The garage would be located on the left side of this photo on the far side of the lot, on the flat portion. Administrative Review 14 Case No. WA -17-17 / Vanderstraten EXHIBIT 7: WRITTEN REQUEST Hi Scott, Hope you had a nice weekend and you are off to a good week. I apologize for not getting these answers over to you more expeditiously last week. Below is my response to the 9 questioner form that you gave me. The last 2 questions being omitted pertaining to ADA and multifamily circumstances. 1. The property would still pose to be useful however the land would be utilized in a more efficient manner by allowing the variance. The property would still maintain serviceable access for ingress and egress requirements. 2. The property would mimic the adjacent property 4145 Dudley St. as their property has a 3 car garage set less then 30LF from the ROW on Everett Street. 3. The homeowner purchased the property with the intent of constructing the garage on the property with a 15' setback , if granted this would fit the characteristics of surrounding properties. 4. The 30' set back would require the homeowner to over excavate the natural terrain as there is a 5' contour change from the proposed 15' to a 30' set back requiring additional excavation. The additional movement of earth would require a retaining wall an extended construction duration as more work would be required to construct the garage. 5. No current hardships exist at the moment with unaffiliated property owners. 6. The property variance would not interfere with the public welfare or public utilities as these areas would be clear from public or private property lines. Creating sufficient space for ingress/egress of passing traffic on Everett street. Congestion would not be impacted as this is a low use street intended for residents and city constituents. Life Safety would have full access to all surrounding neighbors and fire hydrants. The current property value would increase as this addition to the property would fit the concept of urban revitalization within the neighborhood. 7. The variance would fit in conjunction with 4145 Dudley Street, this particular property resides on a corner lot and has a similar garage constructed less than 30' from the ROW on Everett street. Please let me know what the next steps will entail and what information is required to progress the Administrative Variance process. Administrative Review 15 Case No. WA -17-17 / Vanderstraten ! L A City Of Wheat Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE November 30, 2017 Dear Property Owner: This is to inform you of Case No. WA -17-17, a request for approval of a 15 -foot (50%) variance to the 30 -foot setback requirement for yards which abut a public street, resulting in a 15 -foot setback for a garage in the Residential -One (R-1) zone district on property located at 4100 Everett Drive. 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 December 11, 2017. Thank you. WA1717.doc www.d.wheatridge.co.us Site Plan Site GRANT NOAH R GRANT EVELYN C GREIG M VEEDER TRUST LOFLAND STELLA C 04111 EVERETT DR 04181 EVERETT DR 08801 W 41ST AVE WHEAT RIDGECO80033 WHEAT RIDGECO80033 WHEAT RIDGECO80033 HAHN PAUL F JR HAHN JULE A SPERO GERARD E SPERO ELAINE M HOVLAND PAUL M HOVLAND KIMBERLY J 04171 EVERETT DR 04141 EVERETT DR 04090 EVERETT ST WHEAT RIDGECO80033 WHEAT RIDGECO80033 WHEAT RIDGECO80033 i:ity of Wheat Ridge POSTING CERTIFICATION CASE NO. WA -17- i' DEADLINE FOR WRITTEN COMMENTS: December 11, 2017 I, Gabriel Vanderstraten (name) residing at 4100 Everett Drive (address as the applicant for Case No. WA -17-17 hereby certify that I have posted the sign for ?ublic Notice at 4100 Everett Drive kiocation) on this 30 day ofNovember 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 maD 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. 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Lunnon Trust dated April 5, 2012 To: Gabriel Vanderstraten Nature of tenancy: Tenancy in Common: The relationship in which each tenant has an undivided interest, presumed to be equal unless otherwise stated. If one tenants dies, his/her share passes to his/her heirs held by his/her estate and not to the surviving tenant. Joint Tenancy: The relationship in which, upon death of one tenant, his/her interest passes automatically to the surviving tenant or tenants. Tenant in Severalty: Sole ownership. The undersigned acknowledge(s) that North American Title Company of Colorado suggests the party or parties involved consult an attorney as to the advisability of this transfer. North American Title Company of Colorado has not offered any legal advice and is preparing this deed as a scrivener service only. Date: October 11, 2017 Gabriel �Vanderstraten Affidavit (Deed Prep) 35100-17-09596 Scott Cutler From: Gabe Vander <gabe.vander@gmail.com> Sent: Monday, October 23, 2017 10:17 PM To: Scott Cutler Subject: 4100 Everett Street Garage Variance Follow Up Flag: Follow up Flag Status: Flagged Hi Scott, Hope you had a nice weekend and you are off to a good week. I apologize for not getting these answers over to you more expeditiously last week. Below is my response to the 9 questioner form that you gave me. The last 2 questions being omitted pertaining to ADA and multifamily circumstances. 1. The property would still pose to be useful however the land would be utilized in a more efficient manner by allowing the variance. The property would still maintain serviceable access for ingress and egress requirements. 2. The property would mimic the adjacent property 4145 Dudley St. as their property has a 3 car garage set less then 30LF from the ROW on Everett Street. 3. The homeowner purchased the property with the intent of constructing the garage on the property with a 15' setback , if granted this would fit the characteristics of surrounding properties. 4. The 30' set back would require the homeowner to over excavate the natural terrain as there is a 5' contour change from the proposed 15' to a 30' set back requiring additional excavation. The additional movement of earth would require a retaining wall an extended construction duration as more work would be required to construct the garage. No current hardships exist at the moment with unaffiliated property owners. 6. The property variance would not interfere with the public welfare or public utilities as these areas would be clear from public or private property lines. Creating sufficient space for ingress/egress of passing traffic on Everett street. Congestion would not be impacted as this is a low use street intended for residents and city constituents. Life Safety would have full access to all surrounding neighbors and fire hydrants. The current property value would increase as this addition to the property would fit the concept of urban revitalization within the neighborhood. 7. The variance would fit in conjunction with 4145 Dudley Street, this particular property resides on a corner lot and has a similar garage constructed less than 30' from the ROW on Everett street. Please let me know what the next steps will entail and what information is required to progress the Administrative Variance process. Thanks, Gabe 10 Cit leoijhc-at d 9 e ZONINi7All,LIL'gTI16; OkNi cFby FEF; 1,646 FCAO ZONING TiPT'�LIf--RTION T'0Yp1FNT FEES / 446 RECE1 JE0 ;)PIOUh,T 200.00 PO/vs TH L'DDE; TUTHL S05BSD A17OUNT 200, B6+ ► submitted BY AF City of planner. Incomp. Wheat PjdLyc be accepted—ref, 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 Gabe Vanderstraten Address, City, State, Zip Owner Gabe Vanderstraten Address, City, State, Zip Contact Gabe Vanderstraten Address, City, State, Zip Phone 720-648-5768 Email gabe.vander(a_gmail.com Phone 720-648-5768 Email gabe.vander(aD_gmail.com Phone 720-648-5768 Email gabe.vander(aD_gmail.com (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): 4100 Everett Drive Wheat Ridge CO 80033 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: 0 Planned Development (ODP, SDP) O Conditional Use Permit O Administrative (up to 3 lots) 0 Planned Building Group 0 Site Plan 0 Minor (4 or 5 lots) 0 Temporary Use, Building, Sign 0 Concept Plan 0 Major (6 or more lots) Variance/Waiver (from Section 26-_____) 0 Right of Way Vacation 0 Other: Detailed description of request: Request lot zone variance of new garage install, request to have set back of face of garage from 30' to 15' from ROW. 1 certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, 1 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 ower-o-attorne from the owner which approved of this action on his behalf. TAMARA D ODEAN / 'n I NOTARY PUBLIC Notarized Signature of Applicant State of Colorado County of a p ¢r_bn ) ss STATE OF COLORADO NOTARY ID 20164015481 MY COMMISSION EXPIRES APRIL ak The foregoing instrument (Land Use Processing Application) was acknowledged by me this aQ day of ko, 20T1— by _(',,&�n Uan Qr 4ra4e,, My commission expires q J? /20 ;?D Notary Public To be filled out by staff: Date received 11- 2 9 -1 2 Fee S 206'Oji Case No. LJ ,q - / 7-1 '7 Comp Plan Design. Receipt No. C'fJA 0 t7 Ca 4/6 Quarter Section Map _5f --,2a Related Case No. Pre -App Mtg. Date Case Manager ¢r Assessor's Parcel No. 3c1 -21q-01 -DOS ,CurrentZoning Size (acres or sqft) ?�j, 3 99 s Proposed Zoning Proposed Use Rev 1/22/ 2016