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HomeMy WebLinkAboutWA-18-13City of ]�� W heat �dge_ COMMUNITY DEVELOPMENT Memorandum TO: Case File (WA -18-13) FROM: Zack Wallace Mendez, Planner II DATE: October 17, 2018 SUBJECT: Contents of paper file Please note this hard -copy case file does not contain the following items, which only ever existed in electronic file formats: Signed Approval Form Staff Report All documents related to this case, including the documents listed above, can be found in the electronic Laserfiche archives under Case No. WA -18-13. 4 . City Of Wheat jAe COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291' Ave. September 25, 2018 John Shaffer 3300 Otis Street Wheat Ridge, CO 80033 Re: Case No. WA -18-13 Dear Mr. Shaffer: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Please be advised that your request for a 10.5 -foot (42%) variance from the minimum 25 -foot front yard setback, resulting in a 14.5 -foot setback in the Residential -Two (R-2) zone district for the property located at 3300 Otis Street has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (March 24, 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, Tamm;Odean Administrative Assistant Enclosure: Approval of Variance Case Report Cc: WA -18-13 (case file) WA1813.doc www.ci.wheatridge.co.us City of WheatRoge POSTING CERTIFICATION CASE NO. WA -18-13 DEADLINE FOR WRITTEN COMMENTS: September 21, 2018 I, �j�,Y•, S lna�� e� (name) residing at �J OAS S+ �r_�k (address) as the applicant for Case No. WA -18-13 hereby certify that I have posted the sign for Public Notice at 3300 Otis Street on this day of 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. �j L 41M.+ MAP r! rT i 0 o . LU r '3 'o City of Wheat1<1!jge 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 September 21, 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 `00111Wheat l dge COMMUNiTy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE September 11, 2018 Dear Property Owner: This is to inform you of Case No. WA -18-13 a request for approval of a 10.5 -foot (42%) variance to the 25 -foot front yard setback for a detached garage on property zoned Residential -2 (R-2) located at 3300 Otis Street. 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 September 21, 2018. Thank you. WA1813.doc www.ci.w h eatridge.co.0 s Property is outlined in red. fe I" Site Plan 14 -aN AARDEMA RANDY AARDEMA HEATHER 14 ON 33W RLLP RANDALL ADKISON DANIEL T JR 12901 LAFAYETTE ST A 3345 NEWLAND ST 3305 NEWLAND ST THORNTON CO 80241 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 ALLEN KEVIN ALLEN 1ANENNE SCHIESS JOAN SUSANNE SCHIESS LAURA N 3415 OTIS ST 3420 OTIS ST WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 City of Wheat Ridge 09/10l20L8 14:36 CDBA ZONING APPLICATION FEES CDA019639 AMOUNT FMSD ZONING APPLICATION FEES 200.00 PAYMENT RECEIVED AMOUNT V5 / 9965 200.00 AUTH CODE: 028716 TOTAL 200.00 L A4' submitted BY APPOINTMENT with a 9, City Of planner. Incomplete applications will nc i��Wh6atWidge be accepted—refer to submittal checklist 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 a) h r, �tQ et� Phone Address, City, State, Zip 6 Q+'5 Owner Tek„ -�;kggic Phone 303 3S 02;VDEmail Address, City, State, Zip 3 00 04`s + O Contact A vh Phone Address, City, State, Zip,3306 w (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.) ` f n Location of request (address): , �Q( *5 s"� �� i1ec�T K\�� Type of action requested (check one or more of the actions listed below which pertain to your request): 0 Change of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type: 0 Planned Development (ODP, SDP) 0 Conditional Use Permit 0 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) S�Variance/Waiver (from Section 26-_Q6_?) 0 Right of Way Vacation 0 Other: 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, 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 power-of-attorney from the owner which approved of this action on his behal Notarized Signature of Applicant State of Colorado } ss County of « �1 The foregoing instrument (Land Use Processing Application) was acknowledged by me this Z day of 40 6& S % 2075 by 7 ot-1,\1 A-- s NATiF12 Notary Public To be filled out by staff: Date received 9-10-146 Comp Plan Design. Related Case No. Assessor's Parcel No. 2.52'lq-00i Size (acres or sgft)� (moo q 1 It Rev 122, 2016 EVERARDO LTORRES NOTARY PUBLIC $TVI���O�F COLORADO Z NOTAiAal6@t11M1@Wn expire L 2 / 0lU/20 - WCOMMISSION EXPIRES FEBRUARY! 111M Fee S 20000 Receipt No. CDAAO 140.39 Pre -App Mtg. Date Current Zoning Proposed Zoning Case No. Quarter Section Map Case Manager Current Use Proposed Use l City of ( W heatdgc COMMUNITY DEVELOPMENT Submittal Checklist: Variance Project Name: bC' L-164 Qr&cg= Project Location: 33oGi (f4i 5 S+ %/�1�° 1�@� o S E Rev. 5/2014 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: Completed, notarized land use application form 2. Application fee g. Signed submittal checklist (this document) 4. Proof of ownership—e.g. deed 5. Wfitte-n=auther+z �511. Written request and description of the proposal Include a response to the variance review criteria—these are found in Section 26-115 of the municipal code _ Include an explanation as to why alternate designs that may comply with the zoning standards are not feasible Include an explanation of the unique physical hardship that necessitates relief 7. Survey or Improvement Location Certificate (ILC) of the property $ To -scale site plan indicating existing and proposed building footprints and setbacks 9. Proposed building elevations indicating proposed heights, materials, and color scheme As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2nd) full review, I will be subject to the applicable resubmittal fee. Signature. Date: Name (please print): �a 6���� Phone: Community Development Department • (303) 235-2846 - www.ci.wheatridge.co.us City of � I �co M �J'�l heat �idd�� Ml)Nt"TY t�EVELOPMtN'T" City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Sec. 26-209. Residential -Two District (R-2). Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 A. Intent and purpose: This district is established to provide high quality, safe, quiet and stable low to moderate -density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. B. Development standards: Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen -foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 5, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1575, § 5, 7-13-15) Maximum HeightWidth Maximum BuildMinimum Minimum Area (a) Minimum Yard Setback (b) 25' (d) Minimum Side SetbackCoverage 5' (e) Minimum Rear . .. 10' Principal Buildings One -family dwelling 35' 40% 9,000 sf 75' Two-family 35' 40% 12,500 sf 100' 25' (d) 5' per story 10' dwelling Group home 35' 40% 9,000 sf 75' 25'(d) (eper story 10' Churches, schools, government and quasi - government buildings, golf courses, small 35' 40% 1 acre 200' 25'(d) 15'(g 20' day care center, and nursing, elderly and congregate care homes Accessory 5' if <= 10' in Buildings Major 15' 1,000 sf per ' 25 (d) 5' height; 10' if (� unit N/A N/A >10'in height Minor 10' 400 sf N/A N/A 25'(d) All Other Uses 35' 40% 9,000 sf 75' 25' (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen -foot setback for the first story and five (5) feet for each additional story. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1313, § 5, 10-27-03; Ord. No. 1448, § 2, 8-24-09; Ord. No. 1575, § 5, 7-13-15) Note August 24, 2018 Wheat Ridge CO [Date] [City] [State] 3300 Otis ST, Wheat Ridge, CO 80033-6361 [Property Address] 1. Borrower's Promise to Pay. In return for a loan that I have received, I promise to pay U.S. $215,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Wells Fargo Bank, N.A.. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". 2. Interest. Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly tate of 4.875%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. Payments. (A) Time and Place of Payments. I will pay principal and interest by making a payment every month. I will snake sny monthly payment on the 1st day of each month beginning on October 1, 2018. I will snake these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on September 1, 2048, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date ". I will snake my monthly payments at PO Box 11701, Newark, NJ 07101-4701 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments. My monthly payment will be in the amount of U.S. $1,137.80. 4. Borrower's Right to Prepay. I have the right to snake payments of Principal at any tithe before they are due. A payment of Principal only is known as a "Prepayment ". When I snake a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not inade all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. Loan Charges. If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sutras already collected from she which exceeded pennitted limits will be refunded to me. The Note Holder may choose to snake this refund by reducing the Principal I owe under this Note or by snaking a direct payment to the. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. Borrower's Failure to Pay as Required. HCFG-00017 923628418207 MULTISTATE FIXED RATE NOTE -Single Family -Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 32000/01) Bankers Systemsr.. VMP® 11/18 Wolters Kluwer Financial Services 2018082117.1.0.4574-J20180129Y Page 1 of 3 XV ■ i r 1 T t ,' Return To: Wells Fargo Bank, N.A. FINAL DOCS F0012-01 B 6200 PARK AVE DES MOINES, IA 50321 Prepared By: Sara Spradling 1150 W WASHINGTON ST 2ND FLOOR TEMPE, AZ 85281-1480 Deed of Trust Definitions. Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 24, 2018, together with all Riders to this document. (B) "Borrower" is John A Shaffer and Jacquelyn Shaffer. Borrower is the trustor under this Security Instrument. (C) "Lender" is Wells Fargo Bank, N.A.. Lender is a corporation organized and existing under the laws of United States of America. Lender's address is 101 North Phillips Avenue, Sioux Falls, SD 57104. Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee of Jefferson County, Colorado. (G) "Note" means the promissory note signed by Borrower and dated August 24, 2018. The Note states that Borrower owes Lender two hundred fifteen thousand and 00/100 Dollars (U.S. $215,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2048. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan " means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ VA Rider ❑ Condominium Rider ❑ Second Horne Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] HCFG-00359 923628418212 COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1101 VMPO 12117 Wolters Kluwer Financial Services 2018082117.1.0.4574-J20180129V Page 1 of 14 Request and Description of Proposed Variance A variance for the location of a new dethatched garage located at 3300 Otis Street, Wheat Ridge, CO 80033 is requested. Because of the unusual way the house is orientated on the lot, the side yard of the house is technically the rear yard. Because of this, a setback back variance of 8 feet is needed from the point of the new garage closet to the street. This will allow more efficient use of the land that the garage is to be built on and better use of the land that will remain next to the new garage. It will also make the view of the new structure from the street more aesthetically appealing as it will be in line with the house. The new garage will increase the value home dramatically. Granting the variance will also reduce construction cost by roughly $1,200.00 because less concrete will be needed for the new driveway. The existing driveway is to be demolished and hauled away with new landscaping in its place. The administrative variance of 8 feet is well within the waiver limit of 50%. The percentage of waiver requested is 21%. Granting the 8 foot variance waiver: 1. Permits better land utilization 2. Gives the residence more visual appeal 3. Increases value of the residence 4. Reduces construction cost 5. Is well within the 50% of what regulations allow. Thank you for your consideration. John A Shaffer R