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HomeMy WebLinkAboutWA-20-064 4 City of �Wheat�idge COMMUNITY DEVELOPMEII-.. City of Wheat Ridge Municipal Building 7500 W. 29thAve. 303.235.2857 June 10, 2020 Daniel & Meredith Vande More 12115 W 29th PI Wheat Ridge CO 80215 Re: Case No. WA -20-06 Dear Mr. and Mrs.Vande More: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: Please be advised that your request for a 3 -foot (20%) variance from the 15 -foot side yard setback requirement for an attached garage addition to be constructed on property located at 12115 W. 29th Place and zoned Residential -One (R-1) has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (July 11, 202 1) 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 Cc: Nick Young WA -20-06 (case file) WA2006.doc www.ci.wheatri dge.co.us 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 'fir City of 7r 77 V� le at �dc Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 12115 W. 29th Place referenced as Case No. WA -20-06 / Vande More; 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 approval a 3 -foot (20%) variance from the 15 -foot side yard setback requirement for primary structures in the Residential -One (R-1) zone district (Case No. WA -20-06 / Vande More) is granted for the property located at 12115 W. 29th Place, based on the following findings of fact: 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment which would not be possible without the variance. 3. The placement of the existing home and the topography of the lot limit the ability of the owner to develop the property under the existing R-1 standards. 4. 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. With the following conditions: 1. The design and site plan of the proposed garage addition shall be consistent with the representation depicted in the application materials, subject to staff review and approval through review of a building permit. 2. The applicant shall obtain a right-of-way permit from Public Works prior to constructing the second driveway. x -c "t;2 P 1/11/21 Kenneth Johnsto e, AICP Date Community Development Director ♦6i� City of 'WheatWdge COMMUNITY DEVELOPMENT CityofWhca Ridge Municipal Building 7500W.29'"Ave. Wheal Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE December 31, 2020 Dear Property Owner This is to inform you of Case No. WA -20-06, request for approval of a 3 -foot (20%) variance from the 15 -foot side yard setback requirement in the Residential One (R-1) zone district to build an attached garage addition located at 12115 W. 29th Place. 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 January 10, 2021 by mail or email (zoning@ci.wheatridge.co.us). Thank you WA2006.doc w d.w c"idge.co.os Site Plan Property is outlined in red. uN Todd & Colleen Linder David Sjaastad Michele Lorraine Koons 12185 W 291' PI 12172 W 301' PI 12295 Applewood Knolls Dr Wheat Ridge CO 80215 Wheat Ridge CO 80215 Lakewood CO 80215 Doreen Gloessner 3043 Mountain Shadows Dr Wheat Ridge CO 80215 Barbara Carver 12130 W 291h Pl Wheat Ridge CO 80215 Erik Hunsinger 3061 Mountain Shadows Dr Wheat Ridge CO 80215 Paul Hogan 12150 W 301h Pl Wheat Ridge CO 80215 City of ,9�Wheat idge TO: CASE MANAGER: CASE NO. & NAME: ACTION REQUESTED: CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT Community Development Director Scott Cutler WA -20-06 / 12115 W. 29th Place DATE: January 11, 2021 Approval a 3 -foot (20%) variance from the 15 -foot side yard setback requirement for an attached garage addition to be constructed on property located at 12115 W. 29' Place and zoned Residential -One (R-1). LOCATION OF REQUEST: 12115 W. 29`h Place APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: Nick Young, MOD Daniel and Meredith Vande More 18,870 square feet (0.433 Acres) Residential -One (R-1) Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map A PPI LWOOOKNOLLS Op Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval a 3 -foot (20%) side yard setback variance from the 15 -foot side yard setback requirement in the Residential -One (R-1) zone district to allow for the construction of an attached two -car garage on the west side of the existing house. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applications for administrative variances from the strict application of the zoning district development standards that are not in excess of fifty (50) percent of the standard. II. CASE ANALYSIS The site is located on the north side of W. 29' Place between Mountain Shadows Drive and Applewood Knolls Drive (Exhibit 1, Aerial). The site is zoned Residential -One (R-1). Surrounding properties in Wheat Ridge also zoned R-1 (Exhibit 2, Zoning Map). The Lakewood city limit is one lot to the south, and several homes on the south side of W. 29' Place just to the west of the site are in the City of Lakewood. The R-1 zone district provides high quality, safe, quiet and stable low-density residential neighborhoods. In the R-1 zone district, side yards for single-family homes have a 15 -foot setback requirement. Per the Jefferson County Assessor, the lot measures approximately 18,870 square feet and is 113 feet wide according to a survey provided by the applicant. Upon further review of the survey provided by the applicant, the lot area shown in the survey (10,470 square feet) is incorrect and the perimeter dimensions result in an area calculation that is closer to the Jefferson County Assessor estimate. It currently contains a two-story house built in 1966, prior to the City's incorporation. The home has an existing attached and undersized two -car garage on the east side. The applicant is requesting the variance to add a two -car attached garage on the west side of the house that is wide enough to accommodate two vehicles and allow for access into the existing house. In order to accommodate a full-sized two -car garage, a 3 -foot variance is requested due to the position of the existing house (=bit 3, Site Pit. The existing home has a two -car garage on the east side, but it is undersized (built in 1966) and according to the applicant does not allow for good access into the home. The existing garage is 18 feet wide and 20 feet deep; a contemporary two -car garage is usually at least 20 feet wide and contains enough additional width or depth or storage. The proposed garage addition would be one story and tie into the existing roofline of the west side of the home (Uxhibit 4, Elevations), with the materials to match the existing siding. The Engineering Division has reviewed the request for a second driveway on the property and has no objections due to the spacing from existing driveways and the low traffic volumes on the street. The applicant has stated they may convert the existing garage into living space and/or remove the existing Administrative Variance Case No. WA -20-06/12115 W. 29" PI driveway on the property in the future, but not as part of this variance request. Other properties in the area have multiple driveways due to being corner lots or wide lots. The following table compares the required R-1 development standards for single-family homes with the actual and proposed conditions relative to the proposal. R-1 Development Standards: Required Proposed Side Setback west 15 feet 12 feet Side Setback east 15 feet 22.75 feet(existing) Front Setback south 30 feet min. 30 feet The development standards in Lakewood for the nearby properties are substantially different, despite the character of the area being single-family homes on large lots. The required side setback for single- family homes in Lakewood's adjacent R-1-6 zone district is only 5 feet, which would eliminate the need for a side setback variance if this property was located one lot further south or southwest. Several homes on Applewood Knolls Drive in Lakewood have setbacks smaller than 15 feet, including some with setbacks of approximately 5-7 feet. At least three properties in the surrounding area have received variances allowing for reductions in setbacks for garages and/or living space. The adjacent property to the east, 3043 Mountain Shadows Drive (formerly 12075 W. 29' Place) received an approximately 50% front setback reduction to allow for a garage addition (Case No. WA -97-29). The two properties to the south across 29' Place, 12000 W. 29' Place and 12130 W. 29' Place, have received side setback variances to allow for garage and living space additions, at 7.5 feet and 6 feet, respectively (Cases WA -07-14 and WA -91-11, respectively). There is a history of approved setback reduction variances in the area, and this request is the least substantial and impactful in comparison to those past requests. The existing conditions are shown in J[hibit 5, Site Photos. Alternative Designs In analyzing the lot, there are no options to expand the existing attached garage on the east side of the house. The existing garage is on the first floor, with a second floor of living space above it. Construction costs would be substantial to build an addition onto the existing garage without disrupting the structure and supports of the upper floors, as the eastern wall of the garage supports the upper floors. The owners have also stated that a garage on the west side of the property would allow better access into the house with a more optimal floor plan, since the new garage would be immediately adjacent to the kitchen and living room, and closer to the stairs leading to the second floor. The applicant was able to support these claims by submitting existing and proposed floor plans (Exhibit 6, Floor Plans). The property has approximately 10-15 feet of elevation change from the street down into the backyard, making a detached garage in the backyard infeasible due to slope (Exhibit 7, Topography). While a driveway could extend around the house on either side, the slope drops off considerably past the rear fagade of the house which would require extensive regrading. Furthermore, a detached two -car garage would also require 15 -foot setbacks and would have to be located in the middle of the rear yard, which is not a practical design. Administrative Variance Case No. WA -20-06112115 W. 29" PI Public Comment The applicant submitted five letters of support from surrounding property owners as part of their application materials. The property was posted for 10 days and letters were sent to adjacent property owners notifying them of the application. No additional letters or communication was received. III. VARIANCE CRITERIA In order to approve a 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. Staff provides the following review and analysis of the variance criteria. The applicant also provided a response to the criteria in Exhibit 8, Written Request. 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. The request would not alter the essential character of the area. At least two properties in the area the two properties across the street have received side setback reduction variances. The adjacent property also received a front setback variance for a garage addition. Additionally, the side setback requirement for properties in Lakewood, approximately 150 feet from this property, is only 5 feet versus Wheat Ridge's 15 -foot requirement. Several properties in Lakewood have setbacks between 5-7 feet from the side property line. The requested 12 -foot setback, as opposed to the 15 -foot setback requirement, is not substantial enough to be a noticeable difference. While the street -facing fagade will change by having two separate garages (approximately 32 feet of garage doors) facing the street on one property, it is not out of character with the area. The adjacent property to the northeast has two garage doors facing the street and a wide driveway. While not part of the variance request, the applicant may convertthe existing garage to living space in the future, reducing the visual impact of garage doors facing the street. 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 proposed new garage is a substantial investment in the property and it would not be possible to add a two -car garage in the proposed location without a side setback variance. A two -car garage of only 19 feet wide is generally considered to be too small to fit two vehicles and allow access for passengers. Administrative Variance Case No. WA -20-06/12115 W. 29" PI Staff finds this criterion has been met. 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The position of the existing house on the lot necessitates the variance request because if the 15 - foot setback requirement was followed, an addition would not be able to accommodate a full- sized two -car garage, as the buildable area would only be 19 feet wide. The placement of the existing two -car garage on the east side of the home, with a second story above it, does not allow for expansion of the existing garage without a complete structural overhaul of the entire home. Support posts would likely be required within the garage space, limiting its usability. Alternate placement of a detached garage in the rear yard is limited by the steeply sloping property, which would require substantial regrading. A garage located in the rear yard would also be an awkward placement, eliminating much of the usable yard space. 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. The current owner neither platted the lot nor constructed the existing house or garage in their current location on the property. However, by proposing a new two -car garage and driveway, they are self -imposing a hardship which makes it difficult to meet the R-1 development standards. Staff finds this criterion has not been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The addition would not impede the sight distance triangle and would not increase the danger of fire. It is unlikely that the request would impair property values in the neighborhood. Administrative Panance Case No. WA -20-06/12115 W. 29" PI The Engineering Division has reviewed the location of the proposed second driveway and had no concerns. They are able to approve a waiver to allow for a second driveway on this property if the applicant wishes to keep the existing driveway. Staff finds this criterion has been met. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. There are no unusual conditions in the neighborhood that would necessitate a variance request that are not unique to the property. Staff finds this criterion has not 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 applicant has stated that the proposed garage would benefit a resident of the house who recently underwent surgery and has a disability. 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 3 -foot (20%) variance from the 15 -foot side yard setback requirement for an addition to be constructed on property zoned Residential -One (R-1) located at 12115 W. 29' Place. 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. 2. The applicant is proposing a substantial investment which would not be possible without the variance. 3. The placement of the existing home and the topography of the lot limit the ability of the owner to develop the property under the existing R-1 standards. 4. The granting of the variances would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Administrative Panance Case No. WA -20-06/12115 W. 29" Pl With the following conditions: 1. The design and architecture of the proposed garage addition 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 obtain a right-of-way permit from Public Works prior to constructing the second driveway. Administrative Panance Case No. WA -20-06/12115 W. 29" PI EXHIBIT 1: AERIAL cl nevstm6ve Variance Case No. WA 20-06112115 W. 29'iPi EXHIBIT 2: ZONING MAP cl nevstm6ve Variance Case No. WA 20-06112115 W. 29'iPi EXHIBIT 3: SITE PLAN The applicant is proposing a new attached 2 -car garage located 12 feet from the side (west) property line. The setback reduction allows a full-sized 2 -car garage to be constructed, with additional room for storage on the north side of the garage. Without a setback reduction, the garage could not accommodate two vehicles as it would only be 19 feet wide. Administrative Variance 10 Case No. WA -20-06 112115 W 291h pl EXHIBIT 4: ELEVATIONS MW DSE GE,AY,Ip, GKE IDD CE 15'Q 9MIE 9ERRCII FEgIESTE09ETPACK fl MG TO WTCX EASING AEsmExrF E� IIIIIuuulluuul ILLL.IIIuu�� IIUJJI 9GMGTo Existing Garage � SOUTH ELEVATION say 9G E , 8•=,•-0• Administrative Variance 11 Case No. WA -20-06/12115 W. 29" PI EXHIBIT 5: SITE PHOTOS Above: View of the house looking north from W. 291h Place. The garage would be located on the west (left) side of this image. The existing undersized garage is below bedrooms on the second floor. Below: View of the neighbor to the east at 3043 Mountain Shadows Drive (formerly 12075 W. 29th Place) which received a front yard setback variance to construct a garage addition (WA -97-20) and a waiver for a second driveway. The subject property is on the left side of this image. Image source: Google Maps (2012) Administrative Variance 12 Cole No. WA -2606 112115 W. 29" PI Above: View of the houses across the street from the subject property. Both properties, 12000 W. 291h Place and 12130 W. 29th Place have received side setback variances for garage and/or living space additions. Image source: Google Maps (2012) Ackninutradive Variance 13 Cole No. WA -2606 112115 W. 29" PI EXHIBIT 6: FLOOR PLANS E -TRU CURB CUT MCCET UKEUY TO BE The floor plans show the exiting plan as well as the proposed plan with the garage addition. The existing garage is undersized by contemporary standards (18 feet wide) and the entrance leads to a bathroom and sunken living room on the opposite side of the house from the kitchen. The proposed floor plan shows the larger garage on the west side of the house with more direct access to the kitchen and stairs to the second floor. The plan shows a potential future conversion of the former garage into a bedroom. Administrative Variance 14 Case No. WA -20-06/12115 W. 29" PI EXHIBIT 7: TOPOGRAPHY The property drops off considerably just past the north edge of the house, making alternate placement of a garage and driveway in the rear yard very difficult without substantial regrading efforts. Ackninutrative Variance 15 Cole No. WA -2606 112115 W. 29" PI EXHIBIT 8: WRITTEN REQUEST Variance Proposal MOD NOVEMBER 22, 2020 Project Name: Garage Addition Project Address: 12115 W 29th Place Proposal We are requesting a reduction of 3' total in the side setback (west) for 12115 W 29th Place. The intent of this request is to provide adequate room for a new 2 -car attached garage on the west side of the existing residence. The existing garage of the home is too small and the owners would like to have a wider garage to allow better access. One of the home owners had a surgery in the past and access is much needed. As of now, we only have about 19'-6" from the existing weal facade of the home to the required 15side setback line for the property We are requesting at least a 3' reduction of this side setback so we can do a 22' wide attached 2 -car garage. This would allow adequate room for amen in and out of vehicles once parked in the garage. We have allempted other solutions such as expanding the existing garage but the construction costs to CIO N are quite costly as well as the physical circulation path and access from the existing garage is not beneficial to the occupants. Variance Review Critena a) 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. a) No financial incentives in regards to income or service for the property Simply functionality. b) The variance would not alter the essential character of the locality. of Negative. The intent of the structure and how it would read from the public street would be In similar nature as the reel of the neighborhood. c) The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. c) Reasonable access to their vehicles is being requested given their circumstances. Afinancial investment will be given to the property and given the natural topography of the lot, a 2 -car garage is only feasible on the west side of the property near the front. d) The particular physical surrounding, shape or topographical reaction 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 earned out. df To make a wider garage, given the existing location of the home antl required Setbacks, a new 2 -car garage on the west side of the property pushed towards the front to avoid large topography changes (exxvation) is the most feasible. a) The alleged difficulty or hardship has not been created by any person presently having an interest in the property e) Negative. The existing home owners of years are looking to Wild a more functional garage for thelrfamily f) The granting of the variance would not be detrimental to the pudic welfare or injurious to other property or improvements in the neighborhood In which the property is located, by, among other things, Ankninutrative Pcvi 16 Cole No. WA -26i 112115 W. 29" PI 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. f) The proposed garage will be minimal in height to achieve clearances and access to the existing floor above. We are being sure to keep the height minimal to not impede visually on the neighbors. Nthoj we have also provided neighborhood support. g) The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property g) There seems to be similar variances granted in the neighborhood. This property bordem vbhearrldge and Lakewood, The owners have heard of similar variances being granted and we do have some paper work sharing this if needed. h) Shooting of the variance would result in a reasonable accommodation of a person with disabilities h) Yes. The width of the garage would allow more adequate access for a person with disabilities. i) The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. i) Yes, The addition of the garage seems to meet these standards. Ankninutrative Parinjuce 17 Cole No. WA -2,9-06 / 1211 5 W. 29" PI Variance 'roposal NOVEMBER 22, 2020 Project Name: Garage Addition Project Address: 12115 W 29th Place Proposal MOD We are requesting a reduction of 3' total in the side setback (west) for 12115 W 29th Place. The intent of this request is to provide adequate room for a new 2 -car attached garage on the west side of the existing residence. The existing garage of the home is too small and the owners would like to have a wider garage to allow better access. One of the home owners had a surgery in the past and access is much needed. As of now, we only have about 19'-6" from the existing west facade of the home to the required 15' side setback line for the property. We are requesting at least a 3' reduction of this side setback so we can do a 22' wide attached, 2 -car garage. This would allow adequate room for access in and out of vehicles once parked in the garage. We have attempted other solutions such as expanding the existing garage but the construction costs to do so are quite costly as well as the physical circulation path and access from the existing garage is not beneficial to the occupants. Variance Review Criteria a) 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. a) No financial incentives in regards to income or service for the property. Simply functionality. b) The variance would not alter the essential character of the locality. b) Negative. The intent of the structure and how it would read from the public street would be in similar nature as the rest of the neighborhood. c) The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. c) Reasonable access to their vehicles is being requested given their circumstances. Afinancial investment will be given to the property and given the natural topography of the lot, a 2 -car garage is only feasible on the west side of the property near the front. d) 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. d) To make a wider garage, given the existing location of the home and required setbacks, a new 2 -car garage on the west side of the property pushed towards the front to avoid large topography changes (excavation) is the most feasible. e) The alleged difficulty or hardship has not been created by any person presently having an interest in the property. e) Negative. The existing home owners of years are looking to build a more functional garage for their family. f) 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. f) The proposed garage will be minimal in height to achieve clearances and access to the existing floor above. We are being sure to keep the height minimal to not impede visually on the neighbors. Although, we have also provided neighborhood support. g) The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. g) There seems to be similar variances granted in the neighborhood. This property borders Wheatridge and Lakewood. The owners have heard of similar variances being granted and we do have some paper work sharing this if needed. h) Granting of the variance would result in a reasonable accommodation of a person with disabilities. h) Yes. The width of the garage would allow more adequate access for a person with disabilities. i) The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. i) Yes. The addition of the garage seems to meet these standards. I'll City of Rev 5/2014 WheatRdge COMMUNITYDMUOPM T Submittal Checklist: Variance Project Name: Project Location: 12115 W 29th Place Wheatridge, CO 80215 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 2. Application fee 3. Signed submittal checklist (this document) 4. Proof of ownership—e.g. deed x 5. Written authorization from property owner(s) if an agent ads on behalf of the owner(s) 1:6. Written request and description of the proposal x Include a response to the variance review criteria—these are found in Section 26-115 of the municipal code x Include an explanation as to why alternate designs that may comply with the zoning standards are not feasible x Include an explanation of the unique physical hardship that necessitates relief x 7. Survey or Improvement Location Certificate (ILC) of the property 18. 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, 1 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, 1 understand that in the event any revisions need to be made after the second (2ntl) full review, 1 will be subject to the applicable resubmittal fee. qd Signature: �,�/1/JC" Date: 1115.20 Name (please print): Phone: 816.509.1769 Community Development Department (303) 2352846 www.ci.wheatridge.co.us LEGAL DESCRIPTION: LOTS 28; BLOCK 3; MOUNTAIN SHADOWS FILING NO.3 SUBDIVISION; CITY OF WHEAT RIDGE; COUNTY OF JEFFERSON; STATE OF COLORADO. GENERAL NOTES: 1. FIELD WORK PERFORMED IN JULY 2020. 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT AND DOES NOT CONSTITUTE A TITLE SEARCH BY ALTITUDE LAND CONSULTANTS OF THE PROPERTY SHOWN AND DESCRIBED HEREON TO DETERMINE RIGHT-OF-WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS TRACT OF LAND. 3. BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29 MONUMENTED AS SHOWN HEREON. ASSUMED TO BEAR N 890 30'01" E. 4. ALL PROPERTY CORNERS WERE FOUND OR SET AS SHOWN ON THIS SURVEY. 5. ALL MEASUREMENTS IN PARENTHESES ARE PER PLAT, ALL MEASUREMENTS IN BOLD ITALICS ARE AS MEASURED IN THE FIELD. 6. ALL LINEAR MEASUREMENTS WERE TAKEN USING THE U.S. SURVEY FOOT. 7. BENCHMARK: ELEVATIONS ARE BASED ON E412. ELEVATION= 5574.00' (NAVD88). LEGAL NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS LAND SURVEY PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT IS DISCOVERED. IN NO EVENT MAY ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS LAND SURVEY PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. INDEXING STATEMENT: DEPOSITED THIS DAY OF , 20 , AT M, IN BOOK OF THE COUNTY SURVEYOR'S LAND SURVEY/RIGHT-OF-WAY SURVEY'S AT PAGE(S) , RECEPTION NUMBER COUNTY SURVEYOR/DEPUTY COUNTY SURVEYOR 12115 WEST 29TH AVENUE LAND SURVEY PLAT LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. LOTS 28, BLOCK 3, MOUNTAIN SHADOWS FILING N0. 3 SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. ADJACENT STRUCTURE 12185 W. 29TH PLACE ROOF EL: 5531.63' MOUNTAIN SHADOWS SUBDIVISION THIRD FILING NORTH LINE NORTHWEST QUARTER SOUTHWEST QUARTER SECTION 29 BASIS OF BEARINGS NR9030'01"E 7337.35' (1331.bJ') ADJACENT STRUCTURE A nol OG IAI nn rL1 P11 Al%C Wol 3 , / / / / / • oma/ S / / Z, / S61 CL: 5530.14', / h EG: 5522.37 C j 5528.19' 5522.36, 1 � EG: 5519.89 4isl / VC IL: 5526.53':5520.03 O 4,` CL: 5523.54' VICINITY MAP: SURVEYOR'S CERTIFICATE: I, KARL W. FRANKLIN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO HEREBY CERTIFY THAT: - THIS SURVEY IS A TRUE AND CORRECT LAND SURVEY PLAT AND WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND RESPONSIBLE CHARGE AND COMPLIES WITH CRS 38-51-106. - THIS SURVEY IS BASED UPON THIS SURVEYOR'S KNOWLEDGE, INFORMATION AND BELIEF. - THIS IS IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE. THE USE OF THE WORD "CERTIFY" OR "CERTIFICATION" BY A LICENSED PROFESSIONAL LAND SURVEYOR IN THE PRACTICE OF LAND SURVEYING, CONSTITUTES AN OPINION REGARDING THOSE FACTS OF FINDINGS WHICH ARE THE SUBJECT OF THE CERTIFICATION, AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED. LEGEND-. L/C V � C4vJb�� •A�� -HAL LANA S N VICINITY MAP NOT TO SCALE PRO ECT: 20055 Ze7x0/_\a]a] &M 12115CV2 UNLACE PRO ECT DATA: NONFICTION CITYOF WHEAT RIDGE BUILDINOCONE 2018 INTERNATIONAL RESIDENTIAL 2018 INTERNATIONAL FUEL GAS CC 2018 INTERNATIONAL ENERGY COt GOOD NATIONAL ELECTRICAL CODE eSOUTH ELEVATION SW LE113"=TLP OWNER: PRO ECT SCOPE DESCRIPTION DAN IEL AN D MER ED ITH FUND RE aaa C CONTACT GRAIN CARL OVERALLPRO ECTSCOPE - INTERIOR REMODELAND NEW ATTACHED 2- CAR GARAGE OFF THE WEST SIDE OF THE EXISTING SINGLE FAMILY RESIDENCE CONTRACTOR. ...u.A,., ONING ANALYSIS: Teo SITE AREA 10i7418F 247 ACRES ONE DISTRICT R-1 OU Ay, DESIGNER: USE SINGLE FAMILY RESIDENCE MOD ED 0HALSTREET HKEWOOD emc 81 501xicuw �o PRIMARY STREET DETERMINATION WEST TH PLACE ACT RE UIRED(ALLOWED PROPOSED HEIGHT A FEET MAX 35 24'_ " SETBACKS FRONT 30-0" 30'-0" SIDE INTERIOR 15-0" 12-0' R 15-0 " 00 0 '-" AVERAGE GRADE ELEATox=Asnov ®6AD - - ® AARUN FAA 141111A,I - m CHO w 38111 Are VI F �[ AD 12115 W 39M P1" - � 12115 W29N PI, � wv�. WM1eaT lGtlgq CO TO 90315VSA y wamenve u.. v... n... n Mtl NaM10 oa � NXIFFA A"LnAll 1. .1 A.A .,-wi N VICINITY MAP NOT TO SCALE PRO ECT: 20055 Ze7x0/_\a]a] &M 12115CV2 UNLACE PRO ECT DATA: NONFICTION CITYOF WHEAT RIDGE BUILDINOCONE 2018 INTERNATIONAL RESIDENTIAL 2018 INTERNATIONAL FUEL GAS CC 2018 INTERNATIONAL ENERGY COt GOOD NATIONAL ELECTRICAL CODE eSOUTH ELEVATION SW LE113"=TLP OWNER: PRO ECT SCOPE DESCRIPTION DAN IEL AN D MER ED ITH FUND RE aaa C CONTACT GRAIN CARL OVERALLPRO ECTSCOPE - INTERIOR REMODELAND NEW ATTACHED 2- CAR GARAGE OFF THE WEST SIDE OF THE EXISTING SINGLE FAMILY RESIDENCE CONTRACTOR. ONING ANALYSIS: Teo SITE AREA 10i7418F 247 ACRES ONE DISTRICT R-1 DESIGNER: USE SINGLE FAMILY RESIDENCE MOD ED 0HALSTREET HKEWOOD emc 81 501xicuw �o PRIMARY STREET DETERMINATION WEST TH PLACE ACT RE UIRED(ALLOWED PROPOSED HEIGHT A FEET MAX 35 24'_ " SETBACKS FRONT 30-0" 30'-0" SIDE INTERIOR 15-0" 12-0' R 15-0 " 00 0 '-" AVERAGE GRADE ELEATox=Asnov VA\ \ mANR \ \OFFERS �L7EUGLLYDURING 2HALF ELEVATION I XCARD LOAD INVOKEDA20 - UND ARCH \ Aw' �\ A\EC GR AW NEW DRAEUD WE AIIA / PAP �� W U N AN CD a0 sAN N 0 �0 0 TH TH RE I r SHOPWORKTOP W/D T-0" L-- W/D N MUDROOM Q 0_ O U) U) / NEW DRIVE TBD REF DW O IIV a0 OO KITCHEN DINING OVEN C UP LIVING ROOM REF DW II ® I 0 MUDROOM a0 OO KITCHEN DINING OVEN li111N[HalIi]WI ION [H_1WI�aLIL]WI UP DN UP ENTRY FP GAME ROOM UP OPOWDER UP ENTRY W/D LAUNDRY L--- W/D IL N EXISTING MAIN LEVEL PLAN SCALE: 1/4" = l' -0-- F P '-0" RELOCATED EXISTING DOOR -5 1/7' 8'-3 1/7' I W/D POWDER I I? L--- ;� LAUNDRY �--- 0 LINEN W/D GYM/LARGE BEDROOM BEDROOM m 10'-5" PROPOSED MAIN LEVEL PLAN SCALE: 1/4" = 1'-O" EXISTING CURB CUT MOST LIKELY TO BE ABANDONED CLOSET 5'-0" — J NEW WINDOWS IN THIS LOCATION - TBD J H r Lu w o LU N 0Ir 00 O O Lu Q r O Ln J N O W W z W z U/ Z J O O J LL U W Z M U ; 0 N ~ w Z � O 0_ M SD2 R EXISTING UPPER LEVEL PLAN SCALE: 1/4" = 1'-0" CON\/FRT TO POSSIRI F NFNINIINDONI IN N PROPOSED UPPER LEVEL PLAN SCALE: 1/4" = 1'-0" LAUNDRY SHOOT IN THIS AREA NEW WINDOW IN EXISTING OPENING WIDTH J H � LU w o Lu IN D 00 Wo W Q ry 10 Ln J N O ry W W z W z U) Z J n ry O O J H U M ;N O N ~ w W Z D O of 0- M SD3 Date:. t I< 7 J-o,� o Subject: No Objection Letter Re Variance Request for 12115 W 29th PL, Wheat Ridge CO 80215 To whom it may concern; X3'16 s-- ��-� i� , hereby confirm and agree that we have no objection for a variance for a new garage installed by our neighbors, MEREDITH and DANIEL VANDE MORE at 12115 W 29th PL, Wheat Ridge CO. We confirm and agree that we have no objection to a variance being granted to allow a 3 foot side variance to the required 15 foot side setback on the west side of the property. Respectfully, (Signature(s)) 2 ) 4 Li ---e (Full Name) (Property Address) Date: Subject: No Objection Letter Re: Variance Request for 12115 W 29th PL, Wheat Ridge CO 80215 To whom it may concern; WE, hereby confirm and agree that we have no objection for a variance for a new garage installed by our neighbors, MEREDITH and DANIEL VANDE MORE at 12115 W 29th PL, Wheat Ridge CO. We confirm and agree that we have no objection to a variance being granted to allow a 3 foot side variance to the required 15 foot side setback on the west side of the property. Respectfully, (Signature(s)) el (Full Name) (Property Address) Date: Subject: No Objection Letter Re_ Variance Request for 12115 W 29th PL, Wheat Ridge CO 80215 To whom it may concern; WE, .:]Fo- A d -o 1 t ce'✓t I —i &A e r , hereby confirm and agree that we have no objection for a variance for a new garage installed by our neighbors, MEREDITH and DANIEL VANDE MORE at 12115 W 29th PL, Wheat Ridge CO. We confirm and agree that we have no objection to a variance being granted to allow a 3 foot side variance to the required 15 foot side setback on the west side of the property. Respectfully, (Signature(s)) mA kA LAw (Full Name) 12115 W P.C4 (Property Address) From: Dan Vande More iaigdan@gmail.com Lf Subject: House variance Date: November 11, 2020 at 5:57 PM To: b.carver@comcast.ret, jim olerich 725james@gmail.com Here J & B, Please see attached. Also, wondering if you might have records of the variance that you were able to get from lakewood. Definitely not a priority right now, I can also get them from the city of Lakewood. It will take us quite a while to get the other signatures, so no rush. Have fun, we will enjoy your food! Thanks Dan Dater: 5..1i >Ki-No-Qbiection Lal Re: Variance Request for 12115 W 29th PL, Wheat Ridges CO 80215 To whom it�j!nay concern. WE, r/ _ hereby confirm and agree that we have no objection fora variance for a new garage installed by our neighbors. MEREDITH and DANIEL VANDE MORE at 12115 W 29th PL, Wheat Ridge CO. We confirm and agree that we have no objection to a variance using granted to allow a 3 foot side variance to the required 15 foot side setback on they west side oft property. ResFrutfi�Ily, g tures?j (Ful! Name) (Property Address) Date: Subject: No Objection Letter Re: Variance Request for 12115 W 29th PL, Wheat Ridge CO 80215 To whom it may concern; WE, .: , f'r` f°,- � i^ L '<,� J 1�'eSfp 7 hereby confirm and agree that we have no objection for a variance for a new garage installed by our neighbors, MEREDITH and DANIEL VANDE MORE at 12115 W 29th PL, Wheat Ridge CO. We confirm and agree that we have no objection to a variance being granted to allow a 3 foot side variance to the required 15 foot side setback on the west side of the property. Respectfully, (Signature(s)) re (Full Name) r (0 g-) 211- --5') � Nc(/t "'4" OL Pilo( l (Property Address) Daniel and Meredith Vande More 12115W29t"pl Wheat Ridge, CO 80215 November 10, 2020 City of Wheat Ridge Letter of Authorization to Act on Behalf of Daniel and Meredith Vande More We authorize Nick Young from MOD to act as an agent on our behalf regarding construction, home planning or related matters. Tha you, 1 Daniel and Meredith Vande More Home owners NOTE: Land use applications must be ` ► 4 submitted BY APPOINTMENT with a Lily Of planner. Incomplete applications will not l W h6 a4 is ge 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�eni �1 Ve�,e Nle Phone 726 _ -y10 Email i� <�;� ( c � , Address, City, State, Zip t:2 Ni 5 L,,j 2 l Q I rt owner v��} o, �Jrsl_YN,:�:)e M6rp - Phone [,-:)6 -a-7,-15Cfmail X11 a J ,� Address, City, State, Zip I �A k-$ LJ apt`` t' 1 U-.1'Ka,14- 1 eco , L& 30 J. L Contact �) ,J- l Address,ityC� , State, Zip Phone� 11, - 7 )7�-`l Email h i�� ��;, 1:4,05 4-4- r zn c .-, � (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address): l �� 2,1 '17 P) . � -i- k s Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Special Use Permit O Subdivision -specify type: O Planned Development (ODP, SDP) 0 Conditional Use Permit O Administrative (up to 3 lots) O Planned Building Group O Site Plan 0 Minor (4 or 5 lots) 0 Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) ?Variance/Waiver (from Section 26-______) 0 Right of Way Vacation 0 Other: Detailed description of request: pec, �#�' , �, � � �, 3` Ints=( i -r�= ` -S' set 6,c k 1i �y ) q �` { r �a i �� i/`o 2- 1 I � ,.° +ea�- i `5 TG Q( CA C, ��t'f i s �+C i � cJei'l � 2-c" tY\ 'FYI@ u x s+ sj r) P Chi- Cer i U e n W 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 ownef must su l 1; PJAhey from the owner which approved of this action on his behalf. NOTARY PUBLIC Notarized Signature of Applicant_ State of Colorado ///��� } ss County of sm STATE OF COLORAD NOTARY ID 20204036750 MISSION EXPIRES 101 The f egoing instrument (Land Use Processing Application) was acknowledged by me this 1 ti day of (`P kv } ; 20') I gi,111 at "! My commission expires /2Q%� Notary Public To be filled out by staff: Date received Comp Plan Design. Related Case No. Assessor's Parcel No. Size (acres or sqft) Rev 1!2212016 Fee $ Receipt No. Pre -App Mtg. Date Current Zoning _ Proposed Zoning _ Case No. Quarter Section Map Case Manager Current Use Proposed Use