HomeMy WebLinkAboutWA-18-11City of
Wheat j,dg,e
COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building
August 16, 2018
Damon & Katie Hensley
32 Skyline Dr.
Wheat Ridge, CO 80215
Re: Case No. WA -18-11
Dear Mr. & Mrs. Hensley:
7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Please be advised that your request for a 7.5 -foot (50%) variance from the required 15 -foot side
yard setback for an accessory structure on property zoned Residential -One (R-1) and located at 32
Skyline Drive has been approved.
Enclosed is a copy of the Approval of Variance. Please note that all variance requests
automatically expire within 180 days (February 13, 2019) of the date it was granted unless a
building permit for the variance has been obtained within such period of time.
Please feel free to be in touch with any further questions.
Sincerely,
Tammy Odean
Administrative Assistant
Enclosure: Approval of Variance
Case Report
Cc: WA -18-11 (case file)
WA1811.doc
www.ci.wheatridge.co.us
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
City of
_,,�rWh6atP.,Ldgc
Approval of Variance
WHEREAS, an application for a variance was submitted for the property located at 32 Skyline
Drive referenced as Case No. WA -18-11 / Hensley; 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 7.5 -foot (50%) variance from the required 15 -
foot side yard setback for accessory buildings on property zoned Residential -One (Case No. WA -
18 -11 / Hensley) is granted for the property located at 32 Skyline Drive, based on the following
findings of fact:
1. The variance would not alter the essential character of the neighborhood.
2. The shape of the property, the required setbacks, and the position of the home limits the
buildable area of the property, resulting in a particular and unique hardship.
3. The alleged hardship has not been created by anyone presently having an interest in the
property.
4. The request would not be detrimental to public welfare.
With the following conditions:
1. The design and architecture of the proposed shed shall be consistent with representations
depicted in thq'appl c tion materials, subject to staff review and approval through review of
a building pe�nit. j
Kennet stone;XidPD e
Community Development Director
v
City of
Wh6at"Ige
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Community Development Director DATE: August 13, 2018
CASE MANAGER: Scott Cutler
CASE NO. & NAME: WA -18-11 / Hensley
ACTION REQUESTED: Approval of a 7.5 -foot (50%) variance from the 15 -foot side yard setback
requirement for accessory buildings in the Residential -One (R-1) zone district.
LOCATION OF REQUEST: 32 Skyline Drive
APPLICANT/OWNER: Katie and Damon Hensley
APPROXIMATE AREA:
PRESENT ZONING
PRESENT LAND USE:
13,032 square feet (0.299 Acres)
Residential -One (R-1)
Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
i
Site
1
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 variance from the 15 -foot side yard setback requirement for
accessory buildings in the Residential -One (R-1) zone district. The purpose of this variance is to build
a 120 -square foot shed in the side yard between the house and the northern property line.
Section 26-115.0 (Variances and Waivers) of the Wheat Ridge Code of Laws empowers the
Community Development Director 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 owner may build a 120 -square foot shed on the north
side of their property, inside the existing backyard fence. The property is located on the northeast
corner of W. 30th Avenue and Skyline Drive and is part of the Paramount Heights Part One
Subdivision. The existing house sits on a 13,031 -square foot parcel and was originally constructed in
1957, per the Jefferson County Assessor (Exhibit 1, Aerial). The property is zoned Residential -One (R-
1), as are the all of the properties in the surrounding area (Exhibit 2, Zoning Map). The surrounding
properties contain single-family homes, also built in the 1950s and mostly one-story.
The site plan (Exhibit 3) shows the location of the structure in relation to the existing backyard fence
and northern property line. The shed would be built 2 feet behind the fence next to the house, which is
located at the terminus of the driveway. The shed would be built 7.5 feet from the northern property
line which is defined by a 6 -foot fence. Without a variance, it would not be possible to build a shed in
this location given the setbacks required in the R-1 zone district; see the Development Standards
section below. The shed would be 10 feet by 12 feet with a sloped roof (Exhibit 4, Elevations). The
roof is sloped and is 10 feet tall at its highest point, sloping down to 7 feet on the west side, which
would be located 2 feet behind the existing fence. It would be accessed from the front side through a
set of double doors and would also have windows on two sides.
The site photos provided (Exhibit 5) show the existing conditions on the property, including the
conditions along the northern property line. The neighboring property to the north (34 Skyline) has a
shed that is set back 10-12 feet from the property line, which is a 3-5 feet setback encroachment. The
shed would be largely out of view from the street, as it would be located behind a 6 -foot fence. The
neighbor's driveway runs along the property line, and vehicles are parked in this area.
Development Standards
The parcel meets minimum standards for the R-1 zone district. The following table compares the
required R-1 development standards with the actual and proposed conditions:
R-1 Development Standards: IRequired IActual
Lot Area (one -family dwelling) 1 12,500 square feet (min) 1 13,031 square feet
Administrative Variance
Case No. WA -18-11 /Hensley
Building Coverage 1 40% (max) 1 —20% (with carport)
Minor Accessory Building:
Required
Proposed Building
Building Size
400 square feet (max)
120 square feet
Height
10 feet (max)
10 feet (to peak), 8.5 feet to
mid -point of roof
Setback (side)
15 feet (min)
7.5 feet
Sheds that are 120 square feet or under do not require a building permit unless a variance is required.
Building the structure in the front (west) yard or side yard facing 30th Avenue (south) is not possible
due to the 30 -foot setback requirement for yards abutting public streets. Adhering to the 15 -foot side
and rear setback requirements would result in a shed that interferes with the existing patio and/or the
rear of the house (Exhibit 6, Buildable Area).
Public Comment
During the 10 -day public notification period, staff received one in-person inquiry regarding the
request. 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 (Exhibit 7, Written Request). Staff provides the following review and analysis of the variance
criteria.
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located.
If the requests 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.
Building a shed in the location requested would not alter the essential character of the locality.
The neighboring property has a shed of a similar size that encroaches on the side setback, and
has a driveway where vehicles are parked adjacent to the property line. The shed is small in
size and will be placed in the side/rear yard behind an existing 6 -foot fence, so it will not be
very visible from the street. A 7.5 foot setback is sufficient to buffer the 10 -foot tall shed from
the neighboring property.
Staff finds this criterion has been met.
Administrative Variance
Case No. WA -18-11 /Hensley
3. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
Approval of the variance will allow a custom shed to be built, and storage space to be added on
this property. However, this investment likely does not meet historical thresholds for what
constitutes a substantial investment. A full-sized garage, attached wood -framed carport, or
home addition more closely meets this criterion.
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.
The property is a corner lot which complies with the R-1 standards. However, because of the
position of the house and the required setbacks (30 feet on the street -facing front/side and 15
feet on the side/rear), the buildable area is relatively small (Exhibit 6, Buildable Area). Unlike
many properties in the area, the applicant does not have the space to construct an accessory
building in the existing buildable area, and the space for an addition is also very limited. The
subject property is also a small corner lot when compared to surrounding properties; the
property to the north is also a corner lot but is 4,000 square feet larger and approximately 40
feet wider at the southern property line.
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 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.
Administrative Variance 4
Case No. WA -18-11 /Hensley
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 shed is of
a unique design and would allow the property owner to have additional storage.
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 Paramount Heights subdivision includes over 200 residential properties that are all zoned
R-1. The large setbacks required by the R-1 zone district are present throughout the
neighborhood. The developable area of corner lots is impacted by 30 -foot setbacks on street
facing frontages. In Paramount Heights the corner lots were not platted at a large size to
compensate for this encumbrance, hence, the challenges of this site are not unique to this
property.
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 or their accessory structures.
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 7.5 -foot (50%) variance from the 15 -foot side yard setback requirement for
accessory buildings in the Residential -One (R-1) zone district. 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.
Administrative Variance
Case No. WA -18-11 /Hensley
2. The shape of the property, the required setbacks, and the position of the home limit the
buildable area of the property, resulting in a particular and unique hardship.
3. The alleged hardship has not been created by anyone presently having an interest in the
property.
4. The request would not be detrimental to public welfare.
With the following condition:
1. The design and architecture of the proposed shed shall be consistent with representations
depicted in the application materials, subject to staff review and approval through review of a
building permit.
Administrative Variance
Case No. WA -18-11 /Hensley
EXHIBIT 1: AERIAL
Administrative Variance
Case No. WA -18-11 /Hensley
EXHIBIT 2: ZONING MAP
Administrative Variance 8
Case No. WA -18-11 /Hensley
W heat Ridge
Geographic
Information Systems
Leaend
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Residential -One (R-1)
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Administrative Variance 8
Case No. WA -18-11 /Hensley
EXHIBIT 3: SITE PLAN
Administrative Variance
Case No. WA -18-11 /Hensley
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The shed would be accessed from the east side, in the backyard, and will be located 2 feet inside the
existing side yard fence.
Administrative Variance 10
Case No. WA -18-11 /Hensley
EXHIBIT 4: ELEVATIONS
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Administrative Variance 11
Case No. WA -18-11 /Hensley
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Administrative Variance
Case No. WA -18-11 /Hensley
0
12
EXHIBIT 5: SITE PHOTOS
View of the property looking east down the driveway. The shed would be located on the side of the
brick house, behind the existing fence and truck shown in the image. It would be only partially
visible from this angle. The neighboring property (left side of image) has a shed that was built
within the 15 -foot setback.
Administrative Variance 13
Case No. WA -18-11 /Hensley
A view of the property looking east from Skyline Drive just north of the intersection with 30th
Avenue. The R-1 zone district requires 30 -foot setbacks from the right-of-way line, which is nearly
to the front of the house.
A view of the property looking north from 30th Avenue. The 30 -foot setback requirement applies to
this portion of the property as well, which is nearly to the side of the house.
Administrative Variance 14
Case No. WA -18-11 / Hensley
EXHIBIT 6: BUILDABLE AREA
The above diagram shows the buildable area (outlined in red) of the property based on the required
setbacks. A shed placed in the northeast corner of the red area would be close to the house and
awkwardly placed, interfering with the sidewalk accessing the patio.
Administrative Variance 15
Case No. WA -18-11 /Hensley
EXHIBIT 7: WRITTEN REQUEST
We would like build a garden shed in our back yard at 32 Skyline Drive, Wheat Ridge,
Co 80215 that would be 120 square ft. We wish to request a variance of 7.5 ft off of our
north east back fence line. We feel that we have a unique physical problem with out lot
size and feel that this location is the most suitable place to put this garden shed. We
have provided a site plan as well as shed drawings. We appreciate your time and
consideration
Sincerely,
Damon & Katie Hensley
32 Skyline Drive
Wheat Ridge, Co 80215
303-421-5549
Administrative Variance 16
Case No. WA -18-11 /Hensley
POSTING CERTIFICATION
CASE NO. WA -18-11
DEADLINE FOR WRITTEN COMMENTS: August 13, 2018
I,
(name)
residing at 32 Skyline Drive
(address)
as the applicant for Case No
Public Notice at
on this 3rd
WA -18-11
�A
City of
WheatRidge
hereby certify that I have posted the sign for
32 Skyline Drive
(location)
day of August and do hereby certify that said sign has been
posted and remained in place for ten (10) days prior to and including the deadline for written
comments regarding this case. The sign was posted in the position shown on the map below.
Signature:
NOTE: This form must be submitted to the Community Development Department for this case
and will be placed in the applicant's case file.
MAP
of
City
Wheat1<ijge
PUBLIC POSTING REQUIREMENTS
One sign must be posted per street frontage. In addition, the following requirements
must be met:
■ The sign must be located within the property boundaries.
■ The sign must be securely mounted on a flat surface.
■ The sign must be elevated a minimum of thirty (30) inches from ground.
■ The sign must be visible from the street without obstruction.
■ The sign must be legible and posted for ten (10) continuous days prior to and
including the deadline for written comments [sign must be in place until 5pm on
August 13, 2018]
It is the applicant's responsibility to certify that these requirements have been met and
to submit a completed Posting Certification Form to the Community Development
Department.
` City of
'Wheat C
��,jd
MUNITY 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
August 3, 2018
Dear Property Owner:
This is to inform you of Case No. WA -18-11 a request for approval of a 7.5 -foot
(50%) variance to the 15 -foot side yard setback for a shed on property zoned
Residential -One (R-1) located at 32 Skyline 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 adiacent property owners are required to be notified of the request.
If you have any questions, please contact the Planning Division at 303-235-2846 or
if you would like to submit comments concerning this request, please do so in
writing by 5:00 p.m. on August 13, 2018.
Thank you.
WA1811.doc
www.ci.wh eatridge.co.0 s
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IL-4
30TH AVE
KLTSCH TRUST NICHOLSON MARK D ORCUTT RICHARD D ORCUTT JANET J
PO BOX 680 00031 SKYLINE DR 10033 W 30TH AVE
GOLDEN CO 80402 WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
PIETROBON VINCENT J JR RAFFERTY SHARON A WIRTH PETER K WHEELER PATRICK
00028 SKYLINE DR 00027 SKYLINE DR 00034 SKYLINE DR
WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215 WHEAT RIDGE CO 80215
NOTE: Land use applications must be
► 4'submitted BY APPOINTMENT with a
1, City of planner. Incomplete applications will not
"� W heat Wdge 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 _.C-j,jWn, �
Address, City, State, Zip
Address, City, Statd, Zip
Contact ► Phone 53 Tlail "-00 e
Address, City, State, Zip jt) Ay 61 96
(The person listed as contact will be contacted to answer questions regarding this plication, 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):_��,a 5
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 Planned Development (ODP, SDP) O Conditional Use Permit
O Planned Building Group O Site Plan
O Temporary Use, Building, Sign O Concept Plan
'XVariance/Waiver (from Section 26- O Right of Way Vacation
Detailed description of request: l/ �u i �.�t h -r 6
M
O Subdivision - specify type:
O Administrative (up to 3 lots)
O Minor (4 or 5 lots)
O Major (6 or more lots)
O Other:
vY—
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 o 71CM Mu3tI E from the owner which anvroved ofthis,actkn on his behalf. I
Notarized Signature of Applicant_
State of Colorado
County of �� ¢,r'�.r-� } ss
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20164015481
MY COMMISSION EXPIRES APRIL
The foregoing instrument (Land Use Processing Application) was acknowledged by me thisnd
day of 20 IS'
by jc.o4L, ri me e -n 51 e4
f el"- — My commission expires A- -1 /20 Zp
Notary Public
To be filled out by staff:
Date received
Comp Plan Design.
Related Case No.
Assessor's Parcel No.
Size (acres or sgft) 1 -1 D 31 st
I
Rea 1/22/2016
Fee S 200• 6,6
Receipt No. C IbAp19700
Pre -App Mtg. Date
Current Zoning -�
Proposed Zoning
Case No. w A - - %
Quarter Section MapSe ;IJ
Case Manager QLAIec
Current Use
Proposed Use
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We would like build a garden shed in our back yard at 32 Skyline Drive, Wheat Ridge,
Co 80215 that would be 120 square ft. We wish to request a variance of 7.5 ft off of our
north east back fence line. We feel that we have a unique physical problem with out lot
size and feel that this location is the most suitable place to put this garden shed. We
have provided a site plan as well as shed drawings. We appreciate your time and
consideration
Sincerely,
Damon & Katie Hensley
32 Skyline Drive
Wheat Ridge, Co 80215
303-421-5549
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