HomeMy WebLinkAboutRes WA-10-01CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 28th day of January 2010.
CASE NO: WA-10-01
APPLICANT'S NAME: Robert Chapman
LOCATION OF REQUEST: 11595 West 32"d Avenue
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-10-01 is an appeal to the Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and in recognition
that there were no 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.
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No.
WA-10-01 be, and hereby is APPROVED.
TYPE OF VARIANCE: A request for approval of an 8-foot side yard setback variance from
the 10-foot side yard setback requirement pursuant to Section 26-622.A.1 resulting in a 2-foot
side yard setback for property zoned Residential One.
FOR THE FOLLOWING REASONS:
1. The variance is for the purpose of replacing an existing open-on-three-sides patio roof of
similar dimensions and setback encroachments.
2. The variance would not alter the essential character of the locality.
3. The applicant is proposing a substantial investment in the property that may not be possible
without the variance.
4. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
5. The request would not be detrimental to public welfare and would not be injurious to
neighboring properties or improvements.
6. The covered patio should have a very minimal impact, if any, on surrounding properties.
7. Alternative locations for patio are limited especially due to the due to narrow lot width. The
west side of house which is 18 feet from the side property line requires a 30-foot side setback
since the side yard is adjacent to Simms, a public street, even with the provisions for the 2/3
reduction side setback for patios.
Board of Adjustment
Resolution WA-10-01
Page 2 of 2
8. Staff recommends approval.
9. Emergency access to the encroached deck area is adequate as currently described.
WITH THE FOLLOWING CONDITIONS:
1. None of the three open sides shall be allowed to be enclosed in the future.
2. The unimpaired emergency access to the deck area shall be maintained.
VOTE: YES: ABBOTT, BELL, BLAIR, FISHER, HOVLAND,
HOWARD, LINKER
ABSENT: BUCKNAM and PAGE
DISPOSITION: A request for approval of an 8-foot side yard setback variance from the 10-
foot side yard setback requirement pursuant to Section 26-622.A.1 resulting in a 2-foot side yard
setback for property zoned Residential One was APPROVED.
ADOPTED and made effective this 28th day of January 2010.
0 1171 r44
P ul ovland, Vice hair
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment