HomeMy WebLinkAboutRes WA-98-16CERTIFICATE 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 25th day of June, 1998.
CASE NO: WA-98-16
APPLICANT'S NAME: Brad and Marcia Bunger
LOCATION: 6900 West 38th 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-98-16 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
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-98-16 be, and hereby is, approved.
TYPE OF VARIANCE: A request for approval of a two-foot fence height variance to the
four-foot maximum fence height requirement to allow a six-foot fence in the font yard.
FOR THE FOLLOWING REASONS:
Although the property is located approximately 200 feet from the nearest public
right-of-way, the northern property line is still considered the front lot line and therefore
must abide by the front yard requirements.
2. Because the property is a flag lot and located approximately 200 feet from the nearest
public right-of-way, approval of this request should not alter the essential character of the
locality as the proposed six-foot privacy fence will resemble that of a six-foot fence
located on Marc's Restaurant rear property line. Also, this type of variance is common
with other flag lots located within the City.
Case No. WA-98-16/Board of Adjustment Resolution
Page (2)
The physical hardship in this situation would be the topographical difference between
adjacent property to the north and said property. Due to the higher setting of the
residential structure, the applicant is more apt to hear and view the undesirable situations
not normally attributed to a single family neighborhood. The effect of the height
differential was clearly illustrated by the photos provided by the applicant.
4. Approval of this request should not be a detriment to the public welfare or injurious to
any public improvements in that the six-foot fence would be located along the front lot
line of a flag lot which has the same physical attributes as a regular rear lot line. The
fence would be located approximately 200 feet from the nearest right-of way and
therefore should not hinder the visibility of motorists or pedestrians.
An existing code-compliant six-foot chain link fence now occurs owned by the adjacent
commercial property and, therefore, there will be no change to the current fence height.
VOTE: Yes: Abbott, Echelmeyer, Howard, Hovland, Junker, Mauro and
Walker
No: None
Absent: Thiessen
DISPOSITION: A request for approval of a two-foot fence height variance to the four-foot
maximum fence height requirement to allow a six-foot fence in the font yard was approved by a
vote of 7-0.
ADOPTED and made effective this 25th day of June, 1998.
A MAURO, Chairman Ann Lazzeri, Secretary
of Adjustment Board of Adjustment