HomeMy WebLinkAboutRes WA-98-04CERTIFICATE 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 26th day of March, 1998.
CASE NO: WA-98-4
APPLICANT'S NAME: Gary Bryan
LOCATION: 9205 West 44th Avenue
Upon a motion by Board Member ABBOTT, seconded by Board Member HOWARD, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-98-4 is an appeal to this Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the required fifteen days by law and there were no
formal recognized 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-98-4 be, and hereby is, approved.
TYPE OF VARIANCE: A request for approval of a five-foot rear yard setback variance to the
fifteen-foot rear yard setback requirement for the purpose of constructing a commercial structure.
FOR THE FOLLOWING REASONS:
1. The architect design professional testified that (1) the five-foot variance is needed to
provide the necessary functionality for the intended use of the building; and (2) the
existing sewer line prohibited other design options which could have allowed for the
required setback.
2. The request will not alter the essential character of the locality.
Case No. WA-98-4/Board of Adjustment Resolution
Page 2
3. There will be an adequate supply of light and air to the adjacent property; and with the
property adjacent to the variance to be approximately fifty to sixty feet from this
occupancy, it would seem the intent of the ordinance as related to the aesthetics of visual
separation between structures is met.
4. The danger of fire will not be increased by application of this variance.
The motion failed by a vote of 4-3.
VOTE: Yes: Abbott, Hovland, Mauro, and Walker
No: Echelmeyer, Howard and Thiessen
Absent: Junker
DISPOSITION: A request for approval of a five-foot rear yard setback variance to the
fifteen-foot rear yard setback requirement for the purpose of constructing a commercial
structure was denied, based on Chapter 2, Article 3, Section. 2-53 (d) of the City of Wheat
Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby
deemed denied.
ADOPTED and made effective this 26th day of March, 1998.
INDA MAURO, Chairman
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment