HomeMy WebLinkAboutWA-17-13City of
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OMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29`h Ave.
303.235.2857
November 2, 2017
John & Theresa Yanello
4080 Independence Ct.
Wheat Ridge, CO 80033
Dear Mr. & Mrs. Yanello:
RE: Case No. WA -17-13
Wheat Ridge, CO 80033-8001 P: 303.235.2846 F:
At its meeting of October 26, 2017, the Board of Adjustment APPROVED your request of a 10 -foot (67%) variance from
the minimum side yard setback requirement of 15 -feet for a carport on property zoned Residential -One (R-1) and located at
4080 Independence Court.
FOR THE FOLLOWING REASONS:
The variance will not alter the essential character of the neighborhood.
The alleged hardship has not been created by any person presently having an interest in the property.
Existing conditions on the property present a particular and unique hardship.
The request would not be detrimental to public welfare.
The conditions necessitating the variance request are present upon several properties within the neighborhood and
are not unique to the property.
The carport, by its open design, mitigates much of the obtrusiveness that can be caused by a setback variance.
The properties on both the north and the south of 4080 Independence Court have structures encroaching into the
required 15 -foot setback.
WITH THE FOLLOWING CONDITIONS:
1. 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.
2. The applicant shall apply for a Class I Floodplain Permit through the Public Works Department.
Enclosed is a copy of the minutes, stating the Board's decision. All variance approvals automatically expire
within 180 days of the date approval unless a building permit for the variance is obtained within such period of
time. The expiration date for this variance approval is April 26, 2018.
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Tammy Odea
Administrative Assistant
Enclosures: Draft of Minutes
Certificate of Resolution (to follow by separate mailing)
cc: WA -17-13 (case file)
WA1713.doc
www.ci.wheatridge.coms
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City of
i�9rWh6atRidoe
BOARD OF ADJUSTMENT
Minutes of Meeting
October 26, 2017
CALL MEETING TO ORDER
The meeting was called to order by Chair KUNTZ at 7:00 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29a' Avenue, Wheat Ridge, Colorado.
ROLL CALL
Board Members Present:
Thomas Abbott
Sally Banghart
Janet Bell
Dan Bradford
David Kuntz
Betty Jo Page
Alternates Present:
Larry Richmond
Rocco Germano
Board Members Absent:
Lily Griego
Paul Hovland
Staff Members Present: Lauren Mikulak, Planning Manager
Scott Cutler, Planning Technician
Tammy Odean, Recording Secretary
PUBLIC FORUM
No one wished to speak at this time.
PUBLIC HEARING
A. Case No.WA-17-13
The case was presented by Scott Cutler. He entered the contents of the case file and
packet materials, the zoning ordinance and the digital presentation into the record.
He stated all appropriate notification and posting requirements have been met and
advised the board there was jurisdiction to hear the case. He reviewed the
presentation and staff report.
The applicant is requesting approval of a 10 -foot (67%) variance from the minimum
side yard setback requirement of 15 -feet located at 4080 Independence Court. The
Board of Adjustment Minutes October 26, 2017
purpose of this variance is to allow for the construction of a one -car carport with a 5 -
foot setback on property zoned Residential -One (R-1). The proposed carport would
meet all other development standards including height and maximum size.
Staff recommends approval of this variance. There are unique circumstances
attributed to this request that warrant approval.
Member ABBOTT asked if on page 4, number 2 and paragraph 4 of the staff report if
Mr. Cutler meant to say carport instead of garage.
Mr. Cutler confirmed that as correct.
Member ABBOTT also wanted to confirm that the adjacent property to the south of
4080 Independence has a nonconforming setback of approximately 7 -feet, instead of
the required 15 -feet.
Mr. Cutler confirmed this to be true also.
Member ABBOTT and member BELL asked if staff has interpreted the letter, from
the pastor across the street from 4080 Independence Court, to be neutral position with
regards to the carport setbacks.
Mr. Cutler agreed.
John Yanello, applicant
4080 Independence Court
Mr. Yanello gave a little background on the house that he and his wife bought in
1989. He has worked on the property for 25 years to make it look nice for the
neighborhood. He explained he would like to build a carport for his truck, because he
and his wife already have two cars in the garage. He would like to protect it from
storms and to have a dry surface which will make it easier for his wife to get into the
truck. He has built a drainage system to divert water away from the driveway which
comes from the garage. He will do the same with the carport.
Chair KUNTZ asked Mr. Yanello if he has had a conversation with his neighbor to
the south.
Mr. Yanello responded yes and said the only thing Mr. Campbell has requested is the
same shingles on the garage and carport roofs. Mr. Yanello was surprised there was
an opposition letter from the property.
Chair KUNTZ said the letter was from Ms. Minkler, the wife of Mr. Campbell.
Mr. Yanello mentioned that he had asked Mr. Campbell to trim one of the trees that
hung over the property line and Ms. Minkler was not happy with this and it has
caused a little friction once the tree was trimmed. He thinks Mr. Campbell is still
alright with having the carport constructed.
Board of Adjustment Minutes October 26, 2017 2
Member BANGHART and member PAGE asked Mr. Yanello to explain the fence
that is in the pictures on page 13 of the staff report.
Mr. Yanello said the fence is attached to the front corner of the garage and has a gate
that will swing open so the truck can drive in and out of the carport.
Member BANGHART asked if the gate will cover the carport.
Mr. Yanello explained it will cover most of the truck and only the top of the carport
will be visible.
Chair KUNTZ asked if the shingles will match the singles on the garage.
Mr. Yanello said yes.
Member PAGE asked if the neighbor's property to the south is elevated compared to
4080 Independence Ct. and how high the fence is that will be in front of the truck.
Mr. Yanello said the next-door property is elevated and the fence height will be 6 -
feet.
Member ABBOTT asked where the measurement of the carport will be taken from
for the side yard setback.
Ms. Mikulak explained the measurement will be taken from the vertical support and
the eaves are allowed to encroach on the setback.
,.Member PAGE asked if there has everbeen any flooding on the property, because
part of it is in the flood zone.
Mr. Yanello said there has been some pooling on the driveway, but there has never
been any flood damage to the house and no insurance claims. He believes the
drainage he has set up has helped.
Chair KUNTZ added -he felt the neighbor, Mr. Campbell, would rather look at a
carport instead of a truck.
Member RICHMOND pointed out that in Exhibit 7 it is noted the carport will help
Mr. Yanello's wife. She is disabled and the cover of the carport will keep the
elements off the truck and she will not have to clear snow and ice from it.
Chair KUNTZ added it would be nice to have the new truck under cover if Wheat
Ridge has any more extreme hail storms.
Member ABBOTT asked if the carport can be enclosed in the future.
Board of Adjustment Minutes October 26, 2017
Mr. Cutler said no because the property is in a flood zone. He added this can be a
condition if the Board wants it to be.
Ms. Mikulak concurred that this can be added as a condition.
Upon a motion by Member ABBOTT and seconded by Member PAGE, the
following motion was stated:
WHEREAS, application Case No. WA -17-13 was not eligible for administrative
review; and
WHEREAS, the property has been posted the fifteen days required by law and
in recognition that there were protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge; and
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application
Case No. WA -17-13 be,. and hereby is, APPROVED
TYPE OF VARIANCE: Request for approval of a 10 -foot (67%) variance from
the 15 -foot side yard setback requirement for accessory structures.
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. Existing conditions on the property present a particular and unique
hardship.
4. The request would not be detrimental to the public welfare.
5. The conditions necessitating the variance request are present upon
several properties within the neighborhood and are not unique to the
property.
6. The carport, by its open design, mitigates much of the obtrusiveness that
can be caused by a setback variance.
7. The properties on both the north and the south of 4080 Independence
Court have structures encroaching into the required 15 -foot setback.
WITH THE FOLLOWING CONDITIONS:
1. The design and architecture of the proposed carport shall be consistent
with representations depicted in the application materials, subject to staff
review and approval through review of a building permit.
2. The applicant shall apply for a Class I Floodplain Permit through the
Public Works Department.
Board of Adjustment Minutes October 26, 2017 4
10/18/17
City of Wheat Ridge
Board of Adjustment
7500 W 29th Ave
Wheat Ridge, CO 80033
Dear Sirs:
I am composing this letter to oppose the variance Case No. WA -17-13 whereby my neighbor at 4080
Independence CT is requesting a variance to build a carport in addition to their 2 car garage. Almost all
of the houses in the neighborhood have garages that are enclosed. On Independence Ct there is only 1
other house with a carport and it does not have a garage. The homes on 411 that have carports do not
have garages either. I believe adding a carport next door would not maintain the architectural integrity
of the neighborhood and would cheapen our property value. No other houses in the neighborhood have
carports and garages. If built the carport would be adjacent to our shared fence. We have adequate
empty space between our property and our shared fence. We want our neighbor to maintain proper
space between our shared fence and their property. Our neighborhood is degenerating because many
do not maintain their yards and run junk businesses. Allowing 4080 Independence Ct to build a carport
to house his extra vehicle he can't fit into his 2 car garage would decrease my property value and I am
opposed to it. Their property already has multiple buildings and I would like the variance to be rejected
to keep the neighborhood looking zoned single family residential not appearing like the property is
zoned for apartments for multiple family dwellings.
Thank you for your consideration in this matter,
t. n
TO
CASE MANAGER:
CASE NO. & NAME
City Of
Wh6atP.:icd1_e
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
Board of Adjustment MEETING DATE: October 26, 2017
Scott Cutler
WA -17-13 / Yanello
ACTION REQUESTED: Approval of a 10 -foot (67%) variance from the 15 -foot side yard setback
requirement in the Residential -One (R-1) zone district, allowing a 10 -foot by
24 -foot carport addition to be constructed on property located at 4080
Independence Court.
LOCATION OF REQUEST: 4080 Independence Court
APPLICANT/OWNER:
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
John & Theresa Yanello
15,683 Square Feet (0.36 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 10 -foot (67%) variance from the 15 -foot side yard setback
requirement for accessory buildings in the R-1 zone district. The purpose of this variance is to allow
for the homeowner to construct a 10 -foot by 24 -foot carport attached to their garage on the south side of
the property.
II. CASE ANALYSIS
The variance is being requested so the property owner may construct a carport in the southern portion
of the lot. The property is located on Independence Court between W. 39th Avenue and W. 41St Avenue
(Exhibit 1) in the Rose Haven Subdivision. The existing house sits on a 15,683 square foot parcel and
was originally constructed in 1963 per the Jefferson County Assessor. The property is zoned
Residential -One (R-1), as are all of the properties on Independence Court between W. 38th Avenue and
the ditch just to the south of W. 41St Avenue. Properties to the east on Hoyt Court are zoned
Residential -Two (R-2), as are properties to the north along W. 41 st Avenue (Exhibit 2). Single-family
homes are the primary land use in the area, with duplexes interspersed in the R-2 zones on Hoyt Court
and W. 41" Avenue. Everitt Middle School is located behind the homes on the west side of
Independence Court. The Clear Creek Greenbelt is located two blocks to the north, with a bridge
across Clear Creek connecting Independence Court to the Greenbelt.
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, all accessory structures require 15 -foot side setbacks.
The proposed carport addition to the existing garage will therefore encroach upon this required
setback, prompting the request for a 10 -foot variance from the side setback (67%). The existing home
is set back 15 feet from the north property line, and the existing detached garage is set back 15 feet
from the south property line, limiting any potential expansion in those directions.
The proposed carport location (Exhibit 3) is at the south side of the property, attached to the existing
garage. The garage is set back approximately 15 feet from the side property line. The proposed carport
aligns with the front and back of the existing garage and with the existing driveway, and acts as a lean-
to on the existing structure. The elevation drawings provided by the applicant show a carport with
space for one vehicle, approximately 8 feet tall (Exhibit 4).
A carport on the north side of the house would also require a variance, as well as a new driveway, and
a carport on the south side of the house would block access to the existing garage. A carport on the east
side of the garage would require significant property upgrades, including extending the driveway to the
rear of the garage and demolishing the existing storage shed.
The site photographs (Exhibit S) show the design of the existing structures which feature relatively low
pitch roofs and horizontal clapboard siding. As stated above, the proposed carport would be to the right
of the garage when facing into the property (east).
Board of Adjustment
Case No. WA -17-13 / Yanello
Development Standards
The parcel meets minimum standards for the R-1 zone district. The carport addition to 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)
15,683 square feet
Lot Width
100 feet min
100 feet
Building Coverage
25% max
—16.7% with carport)
Major Accessory Building:
Required
Proposed Carport
Building size
1000 square feet (max)
240 square foot addition
(816 square feet total
Height
15 feet max
—8 feet (at mid -roof)
Side Setback
15 feet (min)
5 feet
Floodplain Regulations
The subject property lies fully within the 100 year floodplain. As such, any new construction requires a
Class I Floodplain Permit which is reviewed and approved by the Public Works Department for non -
habitable spaces. If the carport is enclosed (walled in), the floor must be 1 -foot above the Base Flood
Elevation (BFE). If the carport is not enclosed, then the lower portions must be built with flood
resistant materials (any portion within the BFE). If the variance is approved and construction is
pursued, the applicant must work with Public Works to obtain a floodplain permit. The design shown
in Exhibits 3 and 4 indicate an open design with three concrete caissons as the base supports.
Public Comment
As of the date of distribution of this staff report, October 20, 2017, Staff has received one letter from a
neighboring property owner. The writer, Pastor Bob Enyart of Denver Bible Church (across the street
from the subject property), offered support for the variance under the condition that the immediate
neighbors offered no objection. If the immediate neighbors object to the proposal, Mr. Enyart wished
to remain neutral on the matter (Exhibit 6).
Staff has received one call from an immediate neighbor in opposition to the variance request. The
resident stated they would submit a formal letter of objection, but one has not arrived as of this
publication. If letters arrive between the delivery of this staff report and the Board of Adjustment
hearing, they will be entered into the record and provided to the Board members during the hearing.
III. VARIANCE CRITERIA
In order to approve a variance, the Board of Adjustment 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 7, Written
Requests). 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.
Board ofAdjustment
Case No. WA -17-13 / Yanello
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 because of existing conditions in
the neighborhood. The R-1 zone district allows accessory buildings of the proposed size, and
many surrounding properties have non -conforming setbacks for primary and accessory
structures. At least six of the surrounding properties on Independence Court contain non-
conforming structures or setbacks for the R-1 zone district, including garages and carports with
setbacks less than 10 feet, many of which likely pre -date the City's incorporation in 1969
(Exhibit 8). Sheds located on nearby properties have setbacks ranging from approximately 0
feet to approximately 10 feet.
The home to the north, 4084 Independence Court, has a carport with a side setback of
approximately 9 feet. The home to the south, 4000 Independence Court, has a garage with a
side setback of approximately 7 feet. This property has a driveway that abuts the southern
property line, and vehicles are parked as close as 1 foot to the southern property line. The map
provided in Exhibit 6 indicates that six properties in the immediate surrounding area have
garages, carports, or accessory buildings that do not comply with the 15 -foot side setback
requirement for all structures in the R-1 zone. Four of these non -conforming buildings are
sheds.
Additionally, properties to the east on Hoyt Court and north on W. 41St Avenue are zoned R-2,
which only requires 5 -foot side setbacks. Many of these buildings are set back between 5 and
10 feet from the side property lines. Two carports are located on Independence Court in the
immediate proximity, and four additional carports are located on W. 41St Avenue to the
northwest (Exhibit 9, Nearby Carports).
The general appearance and proposed materials of the garage will be consistent with other
homes and garages in the neighborhood.
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 not proposing a substantial investment in the property. However, there are
few—if any—alternatives to the applicant's proposal, regardless of the level of investment.
Constructing a carport would allow the applicant to store a vehicle currently parked in the front
driveway and/or street. Building a carport that conforms to the side setback requirements is not
possible due to the placement of the existing home and garage. The 15 -foot setback
Board of Adjustment 4
Case No. WA -17-13 / Yanello
requirement on both sides of the home limits the ability of the applicant to make investments in
the property, or make any additions that are not rear additions.
The carport could not be placed at the front of the garage due to the position of the home and
curve of the driveway. It could not feasibly be placed to the back (east) of the garage due to the
position of the existing building and driveway, unless the driveway was extended east past the
garage into the backyard. This would require an addition onto the rear of the existing garage,
constructing a driveway into the backyard, and the removal of a shed. It would also be difficult
to turn a vehicle into this space.
Staff finds this criterion has not been met.
4. The particular physical surrounding, shape or topographical condition of the specific
property involved results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
Although the property is rectangular in shape and is relatively flat, there are unique conditions
related to the physical surroundings that hinder the development potential of the vacant portion
of the property. The existing improvements are built to the 15 -foot side setback lines, which
prevents any additions to either side of the home and garage. The position of the driveway and
the shed in the rear yard eliminate the feasibility of a carport built at the rear of the garage.
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 or garage in its
current location or orientation, the difficulties have not been created by any person presently
having an interest in the property.
Staff finds this criterion has been met.
6. The granting of the variance would not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is located,
by, among other things, substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or increasing
the danger of fire or endangering the public safety, or substantially diminishing or
impairing property values within the neighborhood.
The request would not be detrimental to public welfare and would not be injurious to
neighboring property or improvements. It would not hinder or impair the development of the
adjacent properties. The adequate supply of air and light would not be compromised as a result
of this request.
Board of Adjustment
Case No. WA -17-13 / Yanello
The request would not increase the congestion in the streets, nor would it cause an obstruction
to motorists on the adjacent streets, 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.
The unique condition in the neighborhood that supports this variance is the large number of
nonconforming setbacks. Many of the homes are built at or near the 15 -foot side setback
requirement, but contain accessory buildings or structures that encroach on those setbacks.
While the properties themselves in the neighborhood appear to meet the R-1 zone standards and
are regular in shape, the improvements on those properties do not reflect the R-1 zone
standards.
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.
However, the carport would allow one of the applicants, who has a disability, to more easily
access their vehicle in a protected location without having to walk to the street or clear ice and
snow in winter.
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 10 -foot (67%) variance from the required 15 -foot side yard setback for buildings in
the R-1 zone. 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 to alter the essential character of the neighborhood.
Board ofAdjustment
Case No. WA -17-13 / Yanello
2. The alleged hardship has not been created by any person presently having an interest in the
property.
3. Existing conditions on the property present a particular and unique hardship.
4. The request would not be detrimental to public welfare.
5. The conditions necessitating the variance request are present in the neighborhood and not
unique to the property.
With the following conditions:
1. 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.
2. The applicant shall apply for a Class I Floodplain Permit through the Public Works
Department.
Board of Adjustment
Case No. WA -17-13 / Yanello
EXHIBIT 1: AERIAL
Board ofAdjustment
Case No. WA -17-13 / Yanello
EXHIBIT 2: ZONING MAP
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Geographic T� '
Information Systems
Legend 04120
Subject Property 09635 04125
Residential -One (R-1)
04100
Residential -Two (R-2)
Agricultural -One (A-1)
09730 09690 09640 09630 04095 04090
04085
04085
04005
A-1
03955
04000
03945
03995
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03930 03900
03920
03906
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39TH'AVE
State Plane Coordmale Projection N
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Datums NAD83 N
Board ofAdjustment 9
Case No. WA -17-13 / Yanello
EXHIBIT 3: PROPOSED LOCATION
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Board of Adjustment 10
Case No. WA -17-13 / Yanello
EXHIBIT 4: CARPORT DRAWINGS
"'REVISIONS"' 5/8/2011
'CHANGED 2X6 ROOF J015T5 FROM 24" OG TO 16"
Or, MAX
'GHANGED TRIPLE 2X10 BEAM TO TRIPLE 2X12 BEAM
'ADDED FLASHING AT INTER5EGTION
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Board of Adjustment 11
Case No. WA -17-13 / Yanello
_Evw.5 • MM011
• POOP RAFTERS WERE G Hv FROM NVI- TO Ib'OC
• BEAM ~ CMAN6ED FROM TRIBE 7X1D TO TRIPLE 7X12
• ADDED FLAWTo TME ROOF SLOPE AT INTERSECTION
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• ADDED W 6AVANI= ORa' ED6E AT ROOF EAVE5 AND GAELC AT All ROOFS
7X7 6ALVA.= DIVP E06E
FLABMIN6 AT ALL EAVES AND GABLES
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PLAN VIEW (EXI5TING)
Board ofAdjustment
Case No. WA -17-13 / Yanello
PLAN VIEW (FRAMING)
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EXHIBIT 5: SITE PHOTOS
The existing house and garage configuration, looking east. The carport would be located to the right
of the garage, behind where the truck is parked. The neighbor's house is shown on the far right.
Board ofAdjustment 13
Case No. WA -17-13 / Yanello
A view of the neighboring property, 4000 Independence Street (left), showing the nonconforming
setback on this property. This resident parks a pop-up camper on the site within 2 feet of their
property line. The proposed carport would have a 5 -foot side setback, slightly less than this
example.
Board ofAdjustment 14
Case No. WA -17-13 / Yanello
f
Another view of 4000 Independence, the property to the south. This shows the nonconforming
setback of approximately 7 feet. The proposed carport, despite having a smaller setback, would
have a lower profile than this garage because of the low, sloping roof.
A
. v ,
A view of the home and carport immediately to the north of the subject property, 4084
Independence Court. This carport is partially obscured from the street by trees and parked vehicles.
There are two carports on Independence Court between the 3900 block and the 4100 block (see
Exhibit 7). Four more carports are present on W. 41" Avenue to the northwest.
Board of Adjustment 15
Case No. WA -17-13 / Yanello
EXHIBIT 6: LETTER OF POSSIBLE
SUPPORT OR NEUTRALITY
Planning Division
7500 W 29th Ave
Wheat Ridge, CO 80033-8001
October 17, 2017
Pastor Bob Enyart
Denver Bible Church
PO Box 583
Arvada CO 80001
Case No. WA -17-13
To Whom It May Concern:
Thank you for informing us of the upcoming variance hearing. I will be out of town on the 26th so please
accept this letter as our written comment. We are relatively new property owners here and very thankful
to be a part of the Wheat Ridge community. In our interactions with city services, we find the inspectors,
the fire and police department officials, and everyone to be completely professional. We also appreciate
the Planning Division's work to keep our neighborhood beautiful.
Likewise, the property owners and renters around us (including the staff at Everitt Middle School), have
been a pleasure to interact with. That includes the residents at 4080 Independence Court and we are
confident in their judgment that their carport would be an enhancement to their property and so to the
neighborhood. We realize though, as our property lies across the street, that their immediate neighbors
with property directly adjacent to the proposed carport may have the same or a different opinion. And
since the immediate neighbors would be more affected than we would be, we would not recommend any
variation action against the concerns of those neighbors. So if the immediate neighbors object to the
variance, we will be neutral on the matter. If the immediate neighbors offer no objection, then yes, we
support the issuance of a variance in this case.
Sincerely,
%i7rU"
Pastor Bob Enyart
4085 Independence Ct
Wheat Ridge, CO 80033
cc: 4080 Independence Court
Denver Bible Church PO Box 583 Arvada CO 80001 303-463-1707 DenverBibleChurch.org
Board of Adjustment 16
Case No. WA -17-13 / Yanello
EXHIBIT 7: WRITTEN REQUESTS
Explanation Why Alternate Design is Not Feasible
We would like to request that the proposed carport be attached to the south side of the existing
detached garage, as per the construction drawings. We cannot see a feasible alternative. The proposed
carport cannot be attached to the front of the garage, due to the house being in the way, it cannot be
built further back to the east do to non -accessibility of a vehicle, and it cannot be built to the north of
the property due to no accessibility.
Furthermore, we have installed 3 drains, spread out beside our driveway and next to our house, two of
which use 4" PVC pipe, sloped away from the house and garage, which runs to the east and downhill
away from our property. The third drain uses perforated 4" pipe directed to the east away from our
driveway and house, to divert water away from the house and garage.
This drain system needs to remain porous on the surface to allow water from heavy storms and snow, to
absorb into the ground and into the perforated drain pipe to be diverted away from our property. This
means we cannot concrete or asphalt on our area proposed for the carport and beyond.
By not using concrete or asphalt (I will use weed barrier, crushed concrete and decorative rock) for the
carport and adjacent to the driveway, it would be impossible to drive the vehicle in and out from further
east on our property when it snows or rains and becomes icy or slick, therefore the only reasonable
place for the carport is attached to the South side of the garage.
I have requested quotes to install a new loft. driveway gate, and an adjacent walk thru gate, in to
provide ease of entering and exiting by driving or walking.
In addition, our garage roof has been damaged by the hail storm in April of 2017. We would like to
remove and replace the garage roof and gutter at the same time we construct the carport, so the
contractor can expose the garage roof joists to tie the carport roof structure while these joists are easier
to get to for re -roofing.
Explanation Unique Physical Hardship that Necessitates Relief
Currently we own 3 vehicles, and have a 2 -car detached garage. My pickup truck has recently been
damaged by hail, and I intend to buy a new pickup. I would like to protect the pickup from hail and
inclement weather. We prefer not to park vehicles on the street because children walk to and from
school on Independence Ct. Other residents along Independence Ct. park vehicles, RV's, ATV's, Food
Trucks, etc. In the street, and this appears to impede traffic, both pedestrian and vehicular. Additionally,
my wife Theresa is disabled and cannot clean off snow and ice from the vehicle that would be parked
outside in the elements.
In addition, our garage roof was damaged by hail in the April hailstorm in Wheat Ridge. We would like to
build the carport at the same time that Regal Construction tears off the damaged roof, so they can tie
the support beams into the garage joists while they are exposed for re -roofing.
It is our desire to park our 3'd vehicle safely behind a newly built gate, under the proposed carport. I
have prepared the ground by leveling and laying crushed aggregate in anticipation of the carport, then I
would like to place 3/4" Colorado Rose River Rock to beautify the property upon completion of the
carport.
We noticed that both neighbors on each side of us, each have parking structures within only a few feet
of their property lines.
Board of Adjustment 17
Case No. WA -17-13 / Yanello
EXHIBIT 8: AREA PROPERTIES WITH
NON -CONFORMING SETBACKS
R-2 zone
5' Side Setbacks
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A map showing the surrounding properties with non -conforming setbacks. The subject property is
outlined in bright red. The properties labelled "Non -Conf." have attached garages or carports with
setbacks less than 15 feet. The properties labelled "Acc. Bldg" have accessory buildings with
setbacks of less than 15 feet, including sheds, detached garages, and outbuildings.
Board ofAdjustment 18
Case No. WA -17-13 / Yanello
EXHIBIT 9: NEARBY CARPORTS
43D =*31'�
sipi�t'
14
There are two carports located on Independence Court between W. 39th Avenue and W. 41 St
Avenue, so the proposed carport would not be out of place. Additionally, there are four carports
located on W. 41St Avenue to the northwest. The property immediately to the north of the subject
property has a carport with larger dimensions than the proposed carport.
Board of Adjustment 19
Case No. WA -17-13 / Yanello
EXHIBIT 10: IMPROVEMENT
LOCATION CERTIFICATE (ILC)
RJLPOff
LAND SU RV EYI NG
5460 WARD ROAD • SUITE 160
A -3A, COLORADO 80002
(303) 42"7eS
IMPROVEMENT LOCATION CEWn F:CATE
Note:
Certificate is Based on Control as Shown,
An Improvement Storey Pian is Recommended
For Precise Location of Improvements.
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DATE [U1aZ2 -L*-EE tin[ -[0 JOBS 17_arla
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ADOREMS a[x[ Trm�nriamexry mrrot
NAME _._ Tnxx VaxSi.rn
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LEG#L DESCRIPTION
(PER CLIEN-)
LOT it,
ROSE HAVEN,
COUNTY OF JEFFERSON,
STATE OF OCLORDO
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On the basis of my knowledge, information and belief. I hereby cartlfy that this improvist be9Uon CMUfiCat t was prepared for
REGAL CONSTRUCTION. that R is not a Land Sunvty Pa!
or Improvement Survey Plat, and that a is not to be relied upon foc-MTa`establi tin of fence,
building, or Other tubae
improvement lines. I further cemty that the improvement the above described p of on this date, except utAh,
coiecuons. are entirely within the boundaries of the el, except as s no encroachments upon tre
aeschbed prertnses by rnprovemcnts on any adioiri premises. excep• indicated, and that Ther no apparent evidence w
sign of any easement crossing or burdening any pa f said parcel, ex as noted.
1C*:,:E T".. ry7: �'.lr: 'Yt n M:.: a or . Air Tt P"- e - 5• first 0a Msa r t X++r1 CYYr. a. �" t •�-` 4 r'Vrt >Z..o-:
aaxrtr>c•i*t npm-.eY-era m:netw4a7 ma cr.afm'*• tywirvo+v-ssS -1,s1+rr-7u#w^.re y :rr .rer'i
rlcw.x-ncnme lr.:nL R E. PC77 S ASSOI:ATES 11C aV EAvl Arot. woe t: anal LM�ha.•a. 4unr/tr >='+eta:r.
t,.- I r— A. P -e and. -l1"", '+e'e"; 'or e0:Mc9F hfi sr" -`. ._* .... _ .9W". t:c s7• av-.a0rrrr
Rnhart F PAR A W..I K321 t
Board ofAdjustment 20
Case No. WA -17-13 / Yanello
Gtyof
W heat j�idge
34?0,MMUNiTY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
LETTER NOTICE
(As required pursuant to Code Section 26-109.1))
October 11, 2016
Dear Property Owner:
This letter is to inform you of Case No. WA -17-13, a request for approval of a 10 -foot (67%)
variance from the minimum side yard setback requirement of 15 -feet for a carport on property
zoned Residential -One (R-1) located at 4080 Independence Court.
This request is scheduled for a public hearing in the Council Chambers of the Municipal
Complex at 7500 West 291h Avenue. The schedule is as follows:
Board of Adjustment October 26 2017 (a, 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments. If you have any questions or desire to review any plans, please
contact the Planning Division at 303-235-2846.
Thank you,
City of Wheat Ridge Planning Division
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City
of Wheat Ridge. If you need inclusion assistance, please call Sara Spaulding, Public Information
Official at 303-235-2877 at least one week in advance of a meeting.
WA1713.doc
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ACEVES ALFREDO 0 ACEVES CRISTINA M
03967 HOYT CT
WHEAT RIDGE CO 80033
BOTTS TERRY LEE BOTTS CORRIE L
03905 INDEPENDENCE CT
WHEAT RIDGE CO 80033
CITY & COUNTY OF DENVER
01600 W 12TH AVE
DENVER CO 80204
DENVER BIBLE CHURCH
PO BOX 583
ARVADA CO 80001
EVERETT RHETT R EVERETT MARIA ISABEL
PIMENTEL
PO BOX 280983
LAKEWOOD CO 80228
JEFFERSON COUNTY SCHOOL DIST R1
01829 DENVER WEST DR
GOLDEN CO 80401
MCCLENATHEN JEAN
03930 HOYT CT
WHEAT RIDGE CO 80033
SCHWEGMAN FLINT W
04096 INDEPENDENCE CT
WHEAT RIDGE CO 80033
SULLIVAN JOHN L SULLIVAN TRACY A
05916 BRAUN WAY
ARVADA CO 80004
WELLS BRANDON R
03962 HOYT CT
WHEAT RIDGE CO 80033
BARBATO GUISEPPE L BARBATO GENEROSA
09393 W 37TH AVE
WHEAT RIDGE CO 80033
CAMPBELL ROBERT G
04000 INDEPENDENCE CT
WHEAT RIDGE CO 80033
COKE NATHAN
04084 INDEPENDENCE CIR
WHEAT RIDGE CO 80033
DOWELL PATRICIA M HUDDLE JOHN
STEPHEN JR
12468 W MARYLAND DR
LAKEWOOD CO 80228
G & R CRAWFORD LIVING TRUST
09630 W 41ST AVE
WHEAT RIDGE CO 80033
KELLOGG THOMAS W MARQUEZ KELLOGG
MARGARET A
03690 HOYT CT
WHEAT RIDGE CO 80033
MCNEIL LINDA L
03952 HOYT CT
WHEAT RIDGE CO 80033
SILVER MAPLE INVESTMENTS LLC
12005 W 35TH AVE
WHEAT RIDGE CO 80033
TRUE JAMES R
08725 WADSWORTH BLVD D
ARVADA CO 80005
WILLIAMS DOLLY G
03965 HOYT CT
WHEAT RIDGE CO 80033
BERRY GORDON D BERRY CAROLYN S
03955 HOYT CT
WHEAT RIDGE CO 80033
CASPER DAVID J
00002 LA SALLE
LADERA RANCH CA 92694
CORDOVA LEONARD J
03930 INDEPENDENCE CT
WHEAT RIDGE CO 80033
EGAN DOUGLAS C
12865 WILLOW WAY
GOLDEN CO 80401
HEIN RESIDENTIAL PROPERTIES LLC
14427 W 57TH PL
ARVADA CO 80002
LUBINSKI LARA L
03957 HOYT CT
WHEAT RIDGE CO 80033
PFAHLER ROBERT J PFAHLER AMY T
03950 HOYT CT
WHEAT RIDGE CO 80033
STERGER GARY W STERGER JENNIFER L
03995 INDEPENDENCE ST
WHEAT RIDGE CO 80033
WEINGARDT DANIEL WEINGARDT LOURDES
03935 INDEPENDENCE CT
WHEAT RIDGE CO 80033
WILLIAMS SEAN
03990 INDEPENDENCE CT
WHEAT RIDGE CO 80033
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Planning Division
7500 W 29th Ave
Wheat Ridge, CO 80033-8001
October 17, 2017
Pastor Bob Enyart
Denver Bible Church
PO Box 583
Arvada CO 80001
Case No. WA -17-13
To Whom It May Concern:
Thank you for informing us of the upcoming variance hearing. I will be out of town on the 26th so please
accept this letter as our written comment. We are relatively new property owners here and very thankful
to be a part of the Wheat Ridge community. In our interactions with city services, we find the inspectors,
the fire and police department officials, and everyone to be completely professional. We also appreciate
the Planning Division's work to keep our neighborhood beautiful.
Likewise, the property owners and renters around us (including the staff at Everitt Middle School), have
been a pleasure to interact with. That includes the residents at 4080 Independence Court and we are
confident in their judgment that their carport would be an enhancement to their property and so to the
neighborhood. We realize though, as our property lies across the street, that their immediate neighbors
with property directly adjacent to the proposed carport may have the same or a different opinion. And
since the immediate neighbors would be more affected than we would be, we would not recommend any
variation action against the concerns of those neighbors. So if the immediate neighbors object to the
variance, we will be neutral on the matter. If the immediate neighbors offer no objection, then yes, we
support the issuance of a variance in this case.
Sincerely,
Pastor Bob Enyart
4085 Independence Ct
Wheat Ridge, CO 80033
cc: 4080 Independence Court
Denver Bible Church PO Box 583 Arvada CO 80001 303-463-1707 DenverBibleChurch.org
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Explanation Unique Physical Hardship that Necessitates Relief
Currently we own 3 vehicles, and have a 2 -car detached garage. My pickup truck has recently been
damaged by hail, and I intend to buy a new pickup. I would like to protect the pickup from hail and
inclement weather. We prefer not to park vehicles on the street because children walk to and from
school on Independence Ct. Other residents along Independence Ct. park vehicles, RV's, ATVs, Food
Trucks, etc. In the street, and this appears to impede traffic, both pedestrian and vehicular. Additionally,
my wife Theresa is disabled and cannot clean off snow and ice from the vehicle that would be parked
outside in the elements.
In addition, our garage roof was damaged by hail in the April hailstorm in Wheat Ridge. We would like to
build the carport at the same time that Regal Construction tears off the damaged roof, so they can tie
the support beams into the garage joists while they are exposed for re -roofing.
It is our desire to park our P vehicle safely behind a newly built gate, under the proposed carport. I
have prepared the ground by leveling and laying crushed aggregate in anticipation of the carport, then I
would like to place 3/" Colorado Rose River Rock to beautify the property upon completion of the
carport.
We noticed that both neighbors on each side of us, each have parking structures within only a few feet
of their property lines.
Explanation Why Alternate Design is Not Feasible
We would like to request that the proposed carport be attached to the south side of the existing
detached garage, as per the construction drawings. We cannot see a feasible alternative. The proposed
carport cannot be attached to the front of the garage, due to the house being in the way, it cannot be
built further back to the east do to non -accessibility of a vehicle, and it cannot be built to the north of
the property due to no accessibility.
Furthermore, we have installed 3 drains, spread out beside our driveway and next to our house, two of
which use 4" PVC pipe, sloped away from the house and garage, which runs to the east and downhill
away from our property. The third drain uses perforated 4" pipe directed to the east away from our
driveway and house, to divert water away from the house and garage.
This drain system needs to remain porous on the surface to allow water from heavy storms and snow, to
absorb into the ground and into the perforated drain pipe to be diverted away from our property. This
means we cannot concrete or asphalt on our area proposed for the carport and beyond.
By not using concrete or asphalt (I will use weed barrier, crushed concrete and decorative rock) for the
carport and adjacent to the driveway, it would be impossible to drive the vehicle in and out from further
east on our property when it snows or rains and becomes icy or slick, therefore the only reasonable
place for the carport is attached to the South side of the garage.
I have requested quotes to install a new 10ft. driveway gate, and an adjacent walk thru gate, in to
provide ease of entering and exiting by driving or walking.
In addition, our garage roof has been damaged by the hail storm in April of 2017. We would like to
remove and replace the garage roof and gutter at the same time we construct the carport, so the
contractor can expose the garage roof joists to tie the carport roof structure while these joists are easier
to get to for re -roofing.
Rev. 5/2014
pity tai t FQW headge-
co'AtJuNliY DLVULON,4 N'(
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. LL LkE.C.i"
2. The variance would not alter the essential character of the locality. MLU—CT
3. The applicant is proposing a substantial investment in the propert with this application,
which would not be possible without the variance. O-GU�C-T � 5�E "' )
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. W%.U_O -
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. W,QC . E -C -'T-
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 substantiall diminishing or
impairing property values within the neighborhood. C Q --TLE
7. The unusual circumstances or conditions necessitating the vvaayr�2ce_e`q_uest are present
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.] C:pR�LrC C_T
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
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City of
Wheat midge
COMMUNITY DEVELOPMENT
Submittal Checklist: Variance
Project Name: J6M4 /Tl"EQFSk YR1` I L
C_, JL b CLT
Rev. 5/2014
Project Location: '-+DSG (!T. WMZN! WWa(_J-_ Co SGUSS
Application Contents:
A variance provides relief from the strict application of zoning standards in instances where a
unique physical hardship is present. The following items represent a complete variance
application:
1. Completed, notarized land use application form
r� 2. Application fee
3. Signed submittal checklist (this document)
4. Proof of ownership—e.g. deed
n w 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s)
✓ X 6. Written request and description of the proposal
Y 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
k Include an explanation of the unique physical hardship that necessitates relief
t'i7. Survey or 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. 1 fully understand that if any one of the items listed on this checklist has been excluded,
the documents will NOT be distributed for City review. In addition, I understand that in the event any
revisions need to be made after the second (2"d) full review, l will be subject to the applicable resubmittal
fee. J
Signature: �'�— �o Date: `J / 1 12 ° E J
Name (please print): Phone: :SU- 3 32 `F' - F'ZZ_ I
Community Development Department - (303) 235-2846 • www.ci.wheatridge.co.us
Qt/2017heat 1142 CDAB
10
ZONING APPLICATION FEES
;ai�OUMT
CDE+017218300.00
Fi4SD ZONING APPLICATION FEES
TO COpI�INITY D
1,,0.00
FOSD REIWJR;E
AMOUNT
MOT RECEIVED
4110.00
VS / 7790
AUTH CODE: 318000
420.00
TOTAL-------------------------------------
City of
W h 6 at F Z, Lcjl
ge
LAND USE CASE PROCESSING APPI41CATION
Community, Development Department
7-500 'Best 29h Avenue * Wheat Ridge, CO $0033 * Phone (303) 235-2846
(Ple.,tsc print or t}pe all information)
Applicant MaLO Address LAOBO T%Y- —
�FAXUB 0 Phone X13 3Z4 '8221
C i State —Zi j
--)�Lwrj— .-- Fax—
Owner,--:S Addre-ss—
State---.---- Zip
Phone -----
Fat
CitV state lip Fax
(I'lle pci-soll listed as Contact will N coritatted to ansv,'Aa f4ti4-Aions re-garding this application, providc additional intbrmation wheu nt~Eti$sary. post
public signs, will rveei%e a cop� of the slaffrqmrt prior to public Hearing. and shall tpe- re-sivirsible for fo"karding
I all Ni hal and m ritim
Communication to applicant and css*ter r.
"cation of request (address):
T3 -pe of action requested (check one or more of the actions listed below which pertain to your request_):
pleove refer tit submittal checkliviiiir conqilete opplication requirements. inevnrplere appa'all"m will not he accepteiL
,J Change of zone or zone conditions Special ease Permit 0 Subdivision: Nfinor (5 lots or less)
0 Consolidation Plat 10 Conditional Use Permit t1-1 Subdivision: Major (More than 5 lots)
L711 fcacacl Plain Special Exception I Site Plan approval 0 Temporary Use. Building- Sign
0 Lot Line Adjustment 7 Concept Plan approval i kVariancej'Waiver (from Section
0 Plantied Building Group 0 Rig
ght of Way Vacation 0
Detailed description of request. M.
C MWMT , R T\ Kb 04 -r -p -AT _.-
-V HNIE VECAL CO��CW14 %\3\Lb K
Required information
Assessors Parcel Number: 3 )-22,3-.Cq-C)4� Size of heat (acres or square tootsge):_/, 4 _-5 ..�i
Cu -t -rent Zoning:, Proposed
i Proposed C„ Ise
Current
here'14111 submifiedart true and carreo to the best efflttl- ,enols cold di(If infililip this atyVication, I am
avang with the and 1.olvwnl ofthost, persons hvfed above, without whow cotmetif the Comm laulfiil4l' he accomf3h0ed
4f)phcoptri other thwn rats ifel's must suhnot JvWer-q!-4 tier el"trial dw 0 t 1), 111111ch llptwoved tthis action on fits behaff
Notarized Signature of Applicant_
State of Colfta
SAMANTHA JEAN SALAZAR
PUBLIC
The k)regoing instrument (Land 'Se wasacknowledged NOTARY STATE OF COLORADO
bry. me thisby- NOTARY ID 20174024499
MY COMMISSION EXPIRES JUNE 9, 2021
17 -
Notary Pubtle
My coltitTjission expires
To be filled out 1))staff.'
Date rev&ed 0c) Rcceipl No'Q Ca-mic No'
-2— _6 `6
C,ornp thin Design" Zoning Quancr Section
Related Casc No, Pre -App Meg, Date F Case Manager