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HomeMy WebLinkAboutWA-22-017500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 City of Wheat idge Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 11256 W. 38u` Avenue referenced as Case No. WA -22-01 / Osborne; 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 of a 440 square foot (44%) variance from the 1,000 square foot maximum for major accessory structures in the Residential -One (R-1) zone district (Case No. WA -22-01 / Osborne) is granted for the property located at 11256 W. 38u` Avenue, based on the following findings of fact: I. The variance would not 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 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. 4. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. With the following conditions: I. The design and architecture shall be consistent with representations depicted in the application materials subject to staff review and approval through review of a building permit that shall be submitted to the Building Division within 180 days of variance approval. 2. The applicant shall obtain the appropriate approvals from the City's Floodplain Manager, if applicable. Kenneth JohnstonCI, AICP Community Development Director 2/3/22 Date City of Wh6atRjLd �ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: February 3, 2022 CASE MANAGER: Scott Cutler CASE NO. & NAME: WA -22-01 / Osborne ACTION REQUESTED: Approval of a 440 square foot variance (44%) from the 1,000 square foot Location Map maximum for major accessory structures in the Residential -One (R-1) zone district. LOCATION OF REQUEST: 11256 W. 38th Avenue APPLICANT: Becky E. Osborne OWNER: Becky E. Osborne APPROXIMATE AREA: 130,681 square feet (3 acres) PRESENT ZONING: Residential -One (R-1), part of northern property zoned Residential -Three (R-3) PRESENT LAND USE: Single -Family ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 440 square foot variance (44%) from the 1,000 square foot maximum for major accessory structure in the Residential -One (R-1) zone district to allow for the construction of a 1,440 square foot barn at 11256 W. 38"' Avenue. 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 south side of W. 38' Avenue and just north of Lena Gulch (Exhibit 1, Aerial). It is served by a private road that is also under ownership of the applicant and this lot does not have direct frontage on 38' Avenue. The property is primarily zoned Residential -One (R-1), although there is an approximately 120 -foot section zoned Residential -Three (R-3) at the northern portion of the site (Exhibit 2, Zoning Map). The area of the variance request is in the R-1 zone district only. The lot is approximately 800 feet deep, from north to south, and approximately 165 feet wide, from west to east. It is approximately 3 acres in size, according to the Jefferson County Assessor. The applicant and owner controls approximately 4.67 acres of land in the area, which includes the private road and the lot to the north. The subject property contains an existing single-family home built in 1964 and a small barn/stable under 400 square feet. The R-1 zone district provides for high quality, safe, quiet and stable low-density residential neighborhoods. In the R-1 zone district, major accessory buildings are limited to a maximum of 1,000 square feet. The applicant is requesting the variance in order the construct a 36 -foot by 40 -foot horse barn. The property is a functioning agricultural property, with multiple horses which are currently housed in the existing small barn. The existing barn would be converted into storage for tractors, farm equipment, and hay; these items are currently stored outside. Based on the size of the property and per Section 26-605 of the code, the zoning allows up to four horse equivalents per acre, and the applicant intends to obtain additional horses if the barn is constructed. The proposed barn would be located to the south of the existing home and north of the existing barn (Exhibit 3, Site Plan). The barn is a typical agricultural horse barn, with a gradually pitched roof, sliding doors on two sides, and stall doors on the other sides for horses (Exhibit 4, Elevations and Exhibit 5, Floor Plan). The barn's maximum height is 18 feet to the peak of the roof, and approximately 14 feet to the midpoint of the roof, which would comply with the R-1 height standards of 15 feet to the midpoint. The barn would be required to meet the other development standards of R-1, including a minimum side setback of 15 feet. Administrative Variance Case No. WA -22-01 /Osborne Staff will make the applicant aware that the proposed location of the barn appears to be near or in the 100 year floodplain for Lena Gulch. If the barn is confirmed to be located in the floodplain, the final location may need to shift out of the floodplain or be constructed in such a manner that it can be approved by the Floodplain Manager in the Engineering Division. As long as the other R-1 standards continue to be met (setbacks, height, etc.), the barn can be relocated in that general area as needed. Public Comment The property was posted for 10 days and letters were sent to adjacent property owners notifying them of the application. No comments were 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 5, 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 as the property would still be able to be developed with a single-family residence and a 1,000 square foot accessory structure. 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. Some nearby properties also contain accessory structures (including barns) larger than 1,000 square feet, including the Odom property at 11440 W. 38' Avenue and Five Fridges Farm at 11100 W. 38' Avenue. The barn is located far behind the existing home and located far away from buildings on adjacent properties. Even though the area has a mix of uses including some nearby multifamily, the rear portions of the lots maintain an agricultural and open space character. 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 barn is a substantial investment in the property and it would not be possible to construct a functional barn for multiple horses without the variance. Although smaller designs are possible, the owner states that the property's size allows multiple horses, which would not fit into the smaller barn required by the R-1 zoning. Accessory buildings in agricultural zone districts are not limited in physical size, provided they meet the overall building coverage requirements, so if this property was zoned agriculturally, the applicant would be able to build a much larger barn with limited restrictions. Administrative Variance Case No. WA -22-01 /Osborne 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 lot is regularly -shaped, large, and relatively flat. Although the floodplain crosses this property further, there is still a large developable area and the impact of the floodplain would not require a barn to be larger. That said, the unique physical condition relates to the immense size of the property and the disparity between its zoning, size, and use. The area is somewhat agricultural in nature with single-family properties that are estate -like in character. The applicant's total of 4.67 acres is 16 times larger than a traditional R-1 lot. 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 applicant is not responsible for the mismatch between the property size and its zoning. The City's R-1 standards are more applicable to suburban residential lots, not large properties that are more agricultural and rural in character, and the A-1 standards are likely more applicable to this property. Staff finds this criterion has 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. Staff finds this criterion has been met. Administrative Variance Case No. WA -22-01 /Osborne The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Unusual conditions are present in the neighborhood as several lots nearby also are oversized (1.5 plus acres) and zoned R-1 and R-3. These lots are agricultural in nature or contain open space in the floodplain. These lots are also limited by the R-1 and R-3 zoning requirements for accessory structures. Despite their large size and agricultural character, all R-1 lots in the area are limited to 1,000 square feet for major accessory structures. Staff finds this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. This variance does not impact the ability of the lot to accommodate a person with disabilities. 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 duplex 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 440 square foot (44%) variance from the 1,000 square foot maximum for major accessory structures in the Residential -One (R-1) zone district to allow for the construction of a new 1,440 square foot barn. 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 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 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. 4. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. With the following conditions: 1. The design and architecture shall be consistent with representations depicted in the application materials subject to staff review and approval through review of a building permit that shall be submitted to the Building Division within 180 days of variance approval. 2. The applicant shall obtain the appropriate approvals from the City's Floodplain Manager, if applicable. Administrative Variance Case No. WA -22-01 /Osborne EXHIBIT 1: AERIAL cl nevstm6ve Variance Case No. WA 22-01 / Gibome EXHIBIT 2: ZONING MAP vW dgc _ Greogr ip 38TH AVE Inbrmdion Sys(ans — UnenE &b)e6 Pmperry Resc�nOaWne(R-0( Resc�nbaHhee(R-3) .nt(P ROI 6001 Q A&mmsnanve Fanance 7 CaseNo. WA -22-0L / aborne EXHIBIT 3: SITE PLAN Ar ewstmhw Pmfmvw Case No WA-2201/aberm EXHIBIT 4: ELEVATIONS Proposed South Elevation Plan Proposed West Elevation Plan scde:1/a _i —0- Admnis&aave Iariance Case No. WA-22-01/Osl me EXHIBIT 5: FLOOR PLAN Proposed Barn Floor Plan Administrative Variance 10 CaseNo. WA-22-0110sborne f / I' DUTCH 3Cfieif if �� ourcM 3068 it g1iG1 .HWa T. if if if Hur.. scan A3 I I I if H.r:e stun in if ' I II Norse SW /f I I I I I I I I ii ii I I ----------------- � I I a'—D' x s—o' I i I wamy aura Dour I I I siumy sem DDi. r I I I I I I it I if if if if if ii if if it if if III 0 2 if 3052 s'-5' 10'-9" 8'-5' ii DUTCH 3M Proposed Barn Floor Plan Administrative Variance 10 CaseNo. WA-22-0110sborne EXHIBIT 6: WRITTEN REQUEST f255 Wazt An, At, Nhml*bBV. 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Case aaM Na WAzumzmse -22-OI/Osborne City of Wh6at�idge POSTING CERTIFICATION CASE NO. WA -22-01 / Osborne DEADLINE FOR WRITTEN COMMENTS: (name) residing at (address) as the applicant for Case No Public Notice at WA -22-01 5 PM — 2/2/2022 hereby certify that I have posted the sign for 11256 W. 38t' Ave (location) on this 24th day of January 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. NOTE: This form must be submitted to the Community Development Department for this case and will be placed in the applicant's case file. MAP City of `Wheatf dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE January 24, 2022 Dear Property Owner: This is to inform you of Case No. WA -22-01, a request for approval of a 440 square foot variance from the 1,000 square foot maximum for major accessory structures in the Residential -One (R-1) zone district, a 44% increase, in order to construct a 1,400 square foot barn on property located at 11256 West 38th Avenue. 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 adiacent 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 February 2, 2022 by mail or email (zoning@ci.wheatridge.co.us). Thank you. WA2201.doc www.ci.wh eatri dge.coms Vi©pity Map Property is outlived in red. I yt �` y P e C ♦, u M Je i - N SENIOR VILLA LLC OCCUPANT GREEN CAROL DRURY 3650 VANCE ST 1 11340 W 38TH AVE 11254 W 38TH AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 WHEAT RIDGE CO 80033 MUSTOFFA JILL A 11252 W 38TH AVE WHEAT RIDGE CO 80033 Parcel Description (PROVIDED BY ATTORNEYS TITLE GUARANTY FUND, INC.) IM ROV M NT SURV Y AT COMMITMENT NUMBER PC201805005838 DEED RECORDED ON 10/11/1966 AT REC. NO. 66211080 PARCELS OF LAND IN THE EAST HALF OF BLOCK 11 AND A PORTION OF BLOCK 12, DEED RECORDED ON 07/09/1965 AT REC. NO. 65124856 DEED RECORDED ON 11/15/1978 AT REC. NO. 78105001 BROOKSIDE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 8 SOUTH, PARCEL A: RANGE 69 WEST OF THE 6TH P. M. , TOP HER CORDEDRT OF THE APLAOTNTHE EOF,ODESC RIC ED ELEVEN, FOLL WS: BEGINNING VISIN, ACCORDING TOTHE SOUTHEAST CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO CORNER OF SAID TRACT 11, THENCE NORTH ALONG THE EAST LINE OF SAID TRACT A (Votes DISTANCE OF 795.04 FEET; THENCE WESTERLY A DISTANCE OF 164.49 FEET TO A POINT SHEET 1 OF 5 1. ATTORNEYS TITLE GUARANTY FUND, INC. COMMITMENT NUMBER PC201805005838, DATED WHICH IS 795.04 FEET NORTH OF THE MIDPOINT OF THE SOUTH LINE OF TRACT 11, THENCE NORTHWEST CORNER OF SOUTH A DISTANCE OF 795.04 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 11, SECTION 28, TOWNSHIP 3 SOUTH, NORTH QUARTER CORNER OF MAY 18, 2018 AT 7:45 A.M. (11256 W 38TH AVE), ATTORNEYS TITLE GUARANTY FUND, WHICH POINT IS 164.24 FEET WEST OF THE SOUTHEAST CORNER OF SAID TRACT; THENCE RANGE 69 WEST OF THE 6TH P.M. SECTION 28, TOWNSHIP 3 SOUTH, INC. COMMITMENT NUMBER PC201805005802, DATED MAY 18, 2018 AT 7:45 A.M. (11258 EAST ALONG THE SOUTH LINE OF SAID TRACT 11, A DISTANCE OF 64.25 (SIC) FEET TO THE FOUND 3.25" BRASS CAP STAMPED RANGE 69 WEST OF THE 6TH P.M. W 38TH AVE), ATTORNEYS TITLE GUARANTY FUND, INC. COMMITMENT NUMBER FOUND 1" N89'13 05 E o FOUND 3.25" BRASS CAP STAMPED "CITY OF WHEAT POINT OF BEGINNING, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE "CITY OF WHEAT RIDGE LS 13212 20 21 IRON PIPE FOUND ILLEGIBLE co RIDGE LS 13212 S21 1/4 S28 1986" IN RANGE BOX PC201805005803, DATED MAY 18, 2018 AT 7:45 A.M. (11300 W 38TH AVE) AND WEST 10 FEET OF THE NORTH 506.06 FEET OF THE EAST 1/2 OF TRACT 11, SAID 29 28" IN RANGE BOX PER MONUMENT 176.96 (C) 1.25" ALUMINUM CAP '� PER MONUMENT RECORD DATED SEPT. 16, 2011 ATTORNEYS TITLE GUARANTY FUND, INC. COMMITMENT NUMBER PC201806006016, DATED EASEMENT TO BE VOID AND OF NO EFFECT UPON A DEEDED 0R DEDICATED ROAD BEING RECORD DATED MAY 9, 2006 FOUND #5 REBAR, ON #5 REBAR NO CAP MAY 18, 2018 AT 7:45 A.M. (11302 W 38TH AVE), WERE ENTIRELY RELIED UPON FOR MADE AVAILABLE TO THE PROPERTY DESCRIBED ABOVE, COUNTY OF JEFFERSON, STATE OF N89°13 05"E 2639.72' AM — — — — RECORDED INFORMATION REGARDING RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES COLORADO — — — — — — — 38TH AVENUE (so RIGHT-OF-WAY • • • N89'13'05"E 329.92' (C) N8913'05"E 329.92' (C) N89'13'o5"E 329.92' (C) IN THE PREPARATION OF THIS SURVEY. THE PROPERTY SHOWN AND DESCRIBED HEREON N89'13'05"E 330.12' (C) N89'13'05"E 329.92' (C) 0 329.3' (P) 329.3' (P) 329.3' (P) IS ALL OF THE PROPERTY DESCRIBED IN SAID TITLE COMMITMENTS. PARCEL B: 329.5' (P) 329.3' (P) a A TRACT OF LAND IN THE WEST 1/2 OF BLOCK 12, BROOKSIDE, ACCORDING TO THE 2. ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON RECORDED PLAT THEREOF, WHICH TRACT IS DESCRIBED AS FOLLOWS: BEGINNING AT THE • • • I ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH NORTHWEST CORNER OF SAID BLOCK 12, THENCE SOUTH ALONG THE WEST LINE OF SAID I • • I DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE BLOCK 12, A DISTANCE OF 776.12 FEET TO A POINT 5.0 FEET SOUTH OF THE CENTERLINE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN OF EXISTING LATERAL DITCH, WHICH POINT IS ON THE SOUTH BANK OF SAID DITCH, THENCE I v HEREON. EAST 12.0 FEET; THENCE NORTH AND PARALLEL WITH THE WEST LINE OF SAID BLOCK 12, A U DISTANCE OF 776.12 FEET TO THE NORTH LINE OF SAID BLOCK 12, THENCE WEST ALONG • • 01-1 3. THIS IMPROVEMENT SURVEY PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF CATHY SAID NORTH LINE, A DISTANCE OF 12.0 FEET TO THE POINT OF BEGINNING, COUNTY OFRICHARDSON & ATTORNEYS TITLE GUARANTY FUND, INC., NAMED IN THE STATEMENT JEFFERSON, STATE OF COLORADO 000 oI HEREON. SAID STATEMENT DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT AN 6 EXPRESS STATEMENT BY THE SURVEYOR NAMING SAID PERSON. PARCEL C: I w r I BEGINNING AT THE PIPE MARKING THE NORTHWEST CORNER OF BLOCK 12, BROOKSIDE, IN I v N 4. THIS SURVEY IS VALID ONLY IF PRINT HAS SEAL AND SIGNATURE OF SURVEYOR. JEFFERSON COUNTY, COLORADO, THENCE SOUTH ALONG THE WEST LINE OF SAID BLOCK, M r 786.0 FEET TO THE SOUTH BANK OF THE BROOKSIDE DITCH (7 FEET SOUTH OF AN IRON 0 5. BASIS OF BEARINGS: GPS DERIVED BEARINGS BASED ON A BEARING OF N00°39'31 "W PIPE); THENCE EAST 12 FEET; THENCE NORTH PARALLEL TO THE WEST LINE OF SAID BLOCK o to rn N N z o ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 12, 786.0 FEET TO THE NORTH LINE OF SAID BLOCK 12; THENCE WEST 12 FEET TO THE r _j � Y n SOUTH, RANGE 69 WEST OF THE 6TH P.M., BETWEEN A FOUND 3.25 BRASS CAP POINT OF BEGINNING, RESERVING TO GRANTOR AND OTHER PROPERTY OWNERS WHOSE LAND �_ = Y o BLOCK 14 BLOCK 15 BLOCK 16 I STAMPED "CITY OF WHEAT RIDGE 1991 LS 24962 1/4 29 28 T3S R69W" IN RANGE BOX BORDER ON THE EAST AND SOUTH LINES OF THE ABOVE DESCRIBED 12 FOOT STRIP, THE I.. BLOCK 9 BLOCK 10 BLOCK 13 � 3 m o BLOCK 12 "I AT THE WEST QUARTER CORNER OF SECTION 28 AND A FOUND 3.25" BRASS CAP RIGHT OF INGRESS AND EGRESS AND THE RIGHT TO INSTALL AND MAINTAIN SEWER, WATER, �- w of p 0° STAMPED "CITY OF WHEAT RIDGE LS 13212 20 21 29 28" IN RANGE BOX AT THE GAS AND OTHER UTILITY SERVICES WITHIN THE ABOVE DESCRIBED 12 FOOT STRIP. I o m o FOUND 1" IRON PIPE ao o) NORTHWEST CORNER OF SECTION 28 AS SHOWN HEREON. COLORADO STATE PLANE C14 _3 0)T o O 0.75' WESTERLY COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM 1983 ( NAD83) . ALL = M -_3 Z PARCEL D: BEARINGS SHOWN HEREON ARE RELATIVE THERETO. THE EAST ONE-HALF OF TRACT 11, BROOKSIDE EXCEPT THAT PORTION THEREOF DESCRIBED ~ z = BY DEED RECORDED IN BOOK 1674 AT PAGE 115, AND INCLUDING ALL WATER RIGHTS Cn o BROOKSIDE I 6. ONLY SURFACE EVIDENCE OF UTILITIES VISIBLE AT THE TIME OF THE FIELDWORK IS APPURTENANT TO THE ABOVE DESCRIBED PROPERTY AND INCLUDING SPECIFICALLY ALL <C SHOWN HEREON. ALL UNDERGROUND UTILITIES MUST BE FIELD LOCATED BY THE RIGHTS OF PARTIES OF THE FIRST PART TO WATER FROM THE BROOKSIDE DITCH, COUNTY I w SEE NOTE 13) QUj S89'13'05"W IAPPROPRIATE AGENCY OR UTILITY COMPANY PRIOR TO ANY EXCAVATION, PURSUANT TO OF JEFFERSON, STATE OF COLORADO. I 6 0 12.00' (C) EAST C.R.S. SEC. 9-1.5-103. (PROVIDED BY ATTORNEYS TITLE GUARANTY FUND, INC.) w 12' (TC) 7. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND COMMITMENT NUMBER PC201805005803 SURVEY MONUMENT AND/OR BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS DEED RECORDED ON 11/14/2017 AT REC. NO. 2017117431 N I< TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE C.R.S. SEC 18-4-508. WHOEVER FOUND BENT #4 , WILLFULLY DESTROYS, DEFACES, CHANGES, OR REMOVES TO ANOTHER PLACE ANY PARCEL A: mil REBAR, NO CAP PARCEL THE EAST ONE-HALF OF TRACT 11, BROOKSIDE EXCEPT THAT PORTION THEREOF DESCRIBED Zap r� SECTION CORNER, QUARTER -SECTION CORNER, OR MEANDER POST, ON ANY BY DEED RECORDED IN BOOK 1674 AT PAGE 115, '-I 328.5' (P) 328.5' (P) GOVERNMENT LINE OF SURVEY, OR WILLFULLY CUTS DOWN ANY WITNESS TREE OR ANY AND INCLUDING ALL WATER RIGHTS 328.5 (P) 328.5' (P) a N 328.5 (P) s89'16'25"W 328.96' (C) S89.16'25"W 328.96' (C) S89'16'25"W 328.96' (C) S89'16'25"W 328.96' (c) TREE BLAZED TO MARK THE LINE OF A GOVERNMENT SURVEY, OR WILLFULLY DEFACES, APPURTENANT TO THE ABOVE DESCRIBED PROPERTY AND INCLUDING SPECIFICALLY ALL m to S89'16'25"W 328.96' (C) N RIGHTS OF PARTIES OF THE FIRST PART TO WATER FROM THE BROOKSIDE DITCH, COUNTY CHANGES, OR REMOVES ANY MONUMENT OR BENCH MARK OF ANY GOVERNMENT N FOUND 1.25" YELLOW PLASTIC Li SURVEY, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED NOT MORE THAN SIX OF JEFFERSON, STATE OF COLORADO. U. 3 S89'16'25"W00 FOUND 1" CAP STAMPED "JEHN ENG MONTHS, OR BOTH. 18 U.S.C. § 1858. IRON PIPE 164'4$ (C) PLS 34850" ON #5 REBAR 100 PARCEL B: !`� I EAST 8. THE DISTANCE MEASUREMENTS SHOWN HEREON ARE U.S. SURVEY FOOT. A PART OF THE EAST ONE-HALF OF TRACT ELEVEN, BROOKSIDE, A SUB -DIVISION OF THE ¢ M FOUND 1" YELLOW 164.25' (TC) FOUND 1.5" ALUMINUM CAP STAMPED I o SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE AND THE NORTHWEST 0 bi PLASTIC CAP STAMPED "LAN ENG SERVICE 438" ON #5 WEST Z "LS 17669" ON #4 REBAR REBAR 0.27' NORTHERLY & 0.16' 9. SUBSURFACE BUILDINGS, IMPROVEMENTS OR STRUCTURES ARE NOT NECESSARILY SHOWN. QUARTER OF SECTION TWENTY-EIGHT; TOWNSHIP THREE SOUTH; RANGE SIXTY-NINETHE WESTERLY OF CALCULATED POSITION BUILDINGS AND OTHER IMPROVEMENTS OR STRUCTURES ON ADJACENT PROPERTIES THAT OF THE SIXTH P.M. CONTAINING 8400 SQUARE FEET AND BEGINNING AT A POINT N.E. CORNER OF TRACT ELEVEN BROOKSIDE THENCE WEST A DISTANCE OF 70 FEET THENCE FOUND 1/2" STEEL ROD (SEE NOTE 13) ARE MORE THAN FIVE (5) FEET FROM ANY OF THE PROPERTY LINES OF THE SUBJECT SOUTH 90 DEGREES A DISTANCE OF 120 FEET THENCE EAST 90 DEGREES A DISTANCE OF 0.19' NORTH & 0.13' EASTSTEEL ROD PROPERTY ARE NOT NECESSARILY SHOWN. FOUND 1/2" 70 FEET THENCE NORTH 90 DEGREES 120 FEET TO POINT OF BEGINNING. OF CALCULATED POSITION (SEE NOTE 13) 0.26' SOUTHERLY OF I 10. DATES OF FIELDWORK: APRIL 6, 12, 19-20 & 26, 2018 (CREW CHIEF J. FOWLER) CALCULATED POSITION (PROVIDED BY ATTORNEYS TITLE GUARANTY FUND, INC.) I (SEE NOTE 13) 11. THE TOTAL AREA OF THE SUBJECT PROPERTY IS 223,068 SQ. FT. OR 5.12 ACRES, COMMITMENT NUMBER PC201805005802 ° MORE OR LESS. AREA AS SHOWN HEREON IS A RESULTANT FACTOR, NOT A DEED RECORDED ON 11 /14/2017 AT REC. N0. 2017117432 N DETERMINATIVE FACTOR, AND MAY CHANGE SIGNIFICANTLY WITH MINOR VARIATIONS IN a o FIELD MEASUREMENTS OR THE SOFTWARE USED TO PERFORM THE CALCULATIONS. FOR PARCEL A: „ °� THE EAST ONE-HALF OF TRACT 11, BROOKSIDE EXCEPT THAT PORTION THEREOF DESCRIBED 1` I THIS REASON, THE AREA IS SHOWN AS MORE OR LESS FIGURE, AND IS NOT TO BE BY DEED RECORDED IN BOOK 1674 AT PAGE 115, AND INCLUDING ALL WATER RIGHTS I THE NORTHWEST QUARTER OF v1 RELIED UPON AS AN ACCURATE FACTOR FOR REAL ESTATE SALES PURPOSES. APPURTENANT TO THE ABOVE DESCRIBED PROPERTY AND INCLUDING SPECIFICALLY ALL SECTION 28 TOWNSHIP 3 SOUTH, RIGHTS OF PARTIES OF THE FIRST PART TO WATER FROM THE BROOKSIDE DITCH, COUNTY I v 12. OWNERSHIP INFORMATION IS PER JEFFERSON COUNTY WEBSITE AS RESEARCHED ON MAY OF JEFFERSON, STATE OF COLORADO. RANGE 68 WEST OF THE 6TH P.M. 22, 2018 AND IS SUBJECT TO CHANGE. 13. THE MAJORITY OF FOUND MONUMENTS FALL WITHIN MEASUREMENT TOLERANCES. PARCEL B: N A PART OF THE EAST ONE-HALF OF TRACT ELEVEN, BROOKSIDE, A SUBDIVISION OF THE HOWEVER THE 1" IRON PIPE, 1.25" ALUMINUM CAP AND TWO 1/2" IRON PIPES SHOWN SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE AND THE NORTHWEST I OUT OF POSITION ARE OUTSIDE OF MEASUREMENT TOLERANCES AS SHOWN HEREON. QUARTER OF SECTION TWENTY-EIGHT; TOWNSHIP THREE SOUTH; RANGE SIXTY-NINE WEST I I 14. THE FOLLOWING DOCUMENTS ARE MENTIONED IN THE ABOVE REFERENCED TITLE OF THE SIXTH P.M. CONTAINING 8470 SQUARE FEET AND BEGINNING AT A POINT 150 FEET SOUTH OF THE NE CORNER OF TRACT ELEVEN BROOKSIDE THENCE WEST 90 DEGREES A DOCUMENT COMMITMENT NUMBER PC201805005838 AND ARE SHOWN GRAPHICALLY DISTANCE OF 70 FEET; THENCE SOUTH 90 DEGREES A DISTANCE OF 121 FEET, THENCE HEREON. THE FOLLOWING LIST CONTAINS THE TITLE DOCUMENT EXCEPTION NUMBER, EAST 90 DEGREES A DISTANCE OF 70 FEET, THENCE NORTH 90 DEGREES A DISTANCE OF DATE RECORDED, RECEPTION NUMBER AND/OR BOOK AND PAGE. 121 FEET TO POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. #8 OCT. 06, 1964 REC. NO. 64082867 SANITATION DISTRICT EASEMENT #9 JULY 09, 1965 BOOK 1806, PAGE 482 INGRESS -EGRESS EASEMENT (PROVIDED BY ATTORNEYS TITLE GUARANTY FUND, INC.) I I 15. THE OVERHEAD UTILITY LINE EXTENDS THROUGH THE SUBJECT PROPERTY WITHOUT THE COMMITMENT NUMBER PC201806006016 I APPARENT BENEFIT OF A RECORDED EASEMENT AS SHOWN HEREON. DEED RECORDED ON 11/14/2017 AT REC. NO. 2017117433 16. FENCES ARE NOT COINCIDENT WITH THE LOT LINES AS SHOWN HEREON. PARCEL A: THE EAST ONE-HALF OF TRACT 11, BROOKSIDE EXCEPT THAT PORTION THEREOF DESCRIBED BY DEED RECORDED IN BOOK 1674 AT PAGE 115, AND INCLUDING ALL WATER RIGHTS APPURTENANT TO THE ABOVE DESCRIBED PROPERTY AND INCLUDING SPECIFICALLY ALL — — S89°19'47"W 2623.69' (AM) CENTER QUARTER CORNER OF RIGHTS OF PARTIES OF THE FIRST PART TO WATER FROM THE BROOKSIDE DITCH, COUNTY WEST QUARTER CORNER OF SECTION 28, TOWNSHIP 3 SOUTH, OF JEFFERSON, STATE OF COLORADO. SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. RANGE 69 WEST OF THE 6TH P.M. FOUND 3.25" BRASS CAP STAMPED FOUND 3.25" BRASS CAP STAMPED "CITY "CITY OF WHEATRIDGE 1991 24962 C PARCEL B: A PART OF THE EAST ONE-HALF OF TRACT ELEVEN, BROOKSIDE, A SUB -DIVISION OF THE OF WHEAT RIDGE 1991 LS 24962 1/4 29 1/4 S28 T3S R69W" IN RANGE BOX PER SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION TWENTY-ONE AND THE NORTHWEST MONUMEN28 T3ST R69W" IN RANGE BOX PER MONUMENT RECORD DATED MAY 9, 2006 MENT RECORD DATED MAY 9, 2006 QUARTER OF SECTION TWENTY-EIGHT; TOWNSHIP THREE SOUTH; RANGE SIXTY-NINE WEST OF THE SIXTH P.M. CONTAINING 8400 SQUARE FEET AND BEGINNING AT A POINT 70 FEET GRAPHIC SCALE WEST OF THE NE CORNER OF TRACT ELEVEN BROOKSIDE, THENCE WEST 70 FEET, THENCE SOUTH 90 DEGREES 120 FEET, THENCE EAST 90 DEGREES 70 FEET, THENCE NORTH 90 Control Diagram zoo 0 100 200 400 DEGREES 120 FEET TO POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO Legend -0� FOUND ALIQUOT MONUMENT AS DESCRIBED ( IN FEET ) Depositing Certificate • FOUND MONUMENT AS DESCRIBED i inch = 200 ft. DEPOSITED THIS ____ DAY OF ---------- 20__ AT _-O'CLOCK __ M. IN SET 18" #5 REBAR WITH 1 1/2" ALUMINUM CAP Surveyor's Statement BOOK -------- OF LAND SURVEY PLATS AT PAGE --------- OF THE "FLATIRONS SURV 16406" I, JOHN B. GUYTON, A LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, HEREBY RECORDS OF JEFFERSON COUNTY, COLORADO. (AM) AS MEASURED AT TIME OF SURVEY STATE FOR AND ON BEHALF OF FLATIRONS, INC., TO CATHY RICHARDSON & ATTORNEYS CALCULATED FROM RECORD AND AS MEASURED TITLE GUARANTY FUND, INC., THAT A SURVEY OF THE ABOVE DESCRIBED PREMISES WAS SIGNED: __________________________ (C) INFORMATION CONDUCTED BY ME OR UNDER MY RESPONSIBLE CHARGE ON JUNE 5, 2018; THAT SAID SURVEY AND THE ATTACHED PRINT HEREON WERE MADE IN SUBSTANTIAL ACCORDANCE TITLE: ___________________________ (P) AS PER THE PLAT OF BROOKSIDE WITH C.R.S. 38-51-102 (9) "IMPROVEMENT SURVEY PLAT". BY: ______________________________ (TC) AS PER DESCRIPTION IN TITLE DOCUMENT (SEE NOTE 1) JOHN B. GUYTON COLORADO P.L.S. #16406 CHAIRMAN & CEO, FLATIRONS, INC. (n V) CO CO Q Q O N N N O O z w M z 0 0 0 w L`' LLJ >0- N O_ a N zw r N 11) It Ul)cDI-00m E-1 C�3 j Z 0 Z � o �Z 46 E-' ca o CL z L� N cd -P Uo o O Q) r -i � o 00 F- O' � Z00 O N LOCO rn C v o?00 v Q' It W X a �v O �Opa�O W M r., rn • � � L) Ln W O O t0 Lz� W 00 LL_ U) ori��LO U>1 00 I o� FU h rr, ozoo 0 _E � LO �Q=x J0_ u- L01i p�0 L �C -' 16 Z SNA L L ANO JOB NUMBER: 18-70,821 DATE: 06-06-2018 DRAWN BY: J. STEPHENSON CHECKED BY: ETB/JZG/JK SHEET 1 OF 5 IMPROVEMENT SURVEY PLAT PARCELS OF LAND IN THE EAST HALF OF BLOCK 11 AND A PORTION OF BLOCK 12, BROOKSIDE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M., CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 3 OF 5 ow ow ow ow ow ow ow ow ovu ow ow ow Ow ow ow ow ow ow ow ow ow ovu ow ovu ovu ovu � ovu ow ovu ovu ow ovu O 0 _ 90' (TC) I LU O� PERIMETER: 380.00' 0 �C I 3.8' N U) I I � co COURSE: S0031'25"E LENGTH: 120.00' O1?1 N Z COURSE: S89'13'05"W LENGTH: 70.00' Legend I O PERIMETER: 380.00' AREA: 8400 SQ. FT. SET 18» #5 REBAR WITH 1 1/2" ALUMINUM CAP bZlzc % NORTH LINE OF SECTION 28 "FLATIRONS SURV 16406" I ERROR NORTH: 0.000 EAST: 0.000 (C) CALCULATED FROM RECORD AND AS MEASURED PRECISION 1: 380000000 INFORMATION 41 N (TC) AS PER DESCRIPTION IN TITLE DOCUMENT (SEE NOTE 1) I\o Nw 00 nn ti Q CONCRETE I 0 � �'\(60' �4 WEST 38TH AVENUE cCL O 0 0 RIGHT–OF–WAY) o O� I O u I 0 O \ ^ v a 00 T I I O O ® WATER METER < 0 O�& 0 o I \ �S SANITARY SEWER MANHOLE N o O 3 r ovu— OVERHEAD UTILITY LINE ':> J I 0 PARCEL A N CD --)UTILITY POLE ": 0 OWNER: J B TURNER TRUST M O -0 GUY WIRE 5 T Z I TR TELEPHONE RISER i''': o I POINT OF POINT OF BEGINNING O BEGINNING 11302�<N8 EST 70 (TC) 11300 W. 38TH AVE. w I WEST 70' TC ( ) LW. 38TH AVE.3'O 70.00' C POINT OF COMMENCEMENT ( ) 11302 W. 38TH 0 I N89'13'05"E 70.00' C O AVE. • • • A ' GRAPHIC SCALE 10 0 5 10 20 ( IN FEET ) 1 inch = 10 ft. SEE SHEET 4 2.0' 52.0' 89'44'30"(C) 90'(TC) FENCE 0 00 d - e PARCEL B OWNER: J B TURNER COVERED 22.1' ___j b) 3.0' M ONE–STORY BRICK RESIDENCE WITH CRAWLSPACE ADDRESS: 11302 W. 38TH AVE. 0 0 N 25.1' CONCRETE PATIO S89'13'05"W 70.00' (C EAST 70' (TC) 17.6' 7.1' FRAME 7 SHED 00 7.1' �— 9.5' 17.9' 90'15'30"( 90'(TC) GRAVEL DRIVE LO 20.7' 0 3.8' -` �J 90'15'30"(C) LENGTH: 120.00' 6 SHED _ 90' (TC) I LU LENGTH: 70.00' PERIMETER: 380.00' 0 �C I 3.8' N U) ERROR NORTH: 0.000 I � co COURSE: S0031'25"E LENGTH: 120.00' NO N Z COURSE: S89'13'05"W LENGTH: 70.00' Legend I 0 PERIMETER: 380.00' AREA: 8400 SQ. FT. SET 18» #5 REBAR WITH 1 1/2" ALUMINUM CAP bZlzc ERROR CLOSURE: 0.00 COURSE: N00'00'00"E "FLATIRONS SURV 16406" C) 00 LLJ 0. ERROR NORTH: 0.000 EAST: 0.000 (C) CALCULATED FROM RECORD AND AS MEASURED PRECISION 1: 380000000 INFORMATION 41 N (TC) AS PER DESCRIPTION IN TITLE DOCUMENT (SEE NOTE 1) ' Nw 00 nn ti Q CONCRETE I 0 � �4 EDGE OF ASPHALT cCL b�0 00 U - 0 U 0 o Q GRAVEL O u * X FENCE I ^ v a 00 T I I O O ® WATER METER < 0 o �S SANITARY SEWER MANHOLE N o CLEANOUT 3 r ovu— OVERHEAD UTILITY LINE ':> J I PARCEL A N CD --)UTILITY POLE ": 0 OWNER: J B TURNER TRUST M O -0 GUY WIRE 5 Z TR TELEPHONE RISER i''': o I ..%. w % MB MAILBOX , (n w I O GRAPHIC SCALE 10 0 5 10 20 ( IN FEET ) 1 inch = 10 ft. SEE SHEET 4 2.0' 52.0' 89'44'30"(C) 90'(TC) FENCE 0 00 d - e PARCEL B OWNER: J B TURNER COVERED 22.1' ___j b) 3.0' M ONE–STORY BRICK RESIDENCE WITH CRAWLSPACE ADDRESS: 11302 W. 38TH AVE. 0 0 N 25.1' CONCRETE PATIO S89'13'05"W 70.00' (C EAST 70' (TC) 17.6' 7.1' FRAME 7 SHED 00 7.1' �— 9.5' 17.9' 90'15'30"( 90'(TC) GRAVEL DRIVE LO 20.7' 0 3.8' 7.0' FRAME. cv LENGTH: 120.00' 6 SHED _ COURSE: S00°31'25"E 7.0' LU LENGTH: 70.00' PERIMETER: 380.00' a O 3.8' N U) ERROR NORTH: 0.000 M = � co COURSE: S0031'25"E LENGTH: 120.00' NO N Z COURSE: S89'13'05"W LENGTH: 70.00' 9.3' 90'15'30"(C) 90'(TC) 20.9' 89'44'30"(C) 90'(TC) i0 00 COVERED 22.1' PARCEL B OWNER: J B TURNER TRUST t•� 3.0' ONE–STORY – BRICK RESIDENCE WITH CRAWLSPACE ADDRESS: 11300 W. 38TH AVE. iD 0 25.1' S89'13'05"W 70.00' EAST 70' (TC) 0 0 N 0 v- N W In _ N0-1 ~ M O oZ O Boundary Closure Report 11300 W. 38TH AVE. t COURSE: N00.31'25"W LENGTH: 120.00' COURSE: N89°13'05"E LENGTH: 70.00' COURSE: S00°31'25"E LENGTH: 120.00' COURSE: S89'13'05"W LENGTH: 70.00' PERIMETER: 380.00' AREA: 8400 SQ. FT. ERROR CLOSURE: 0.00 COURSE: N00'00'00"E ERROR NORTH: 0.000 EAST: 0.000 PRECISION 1: 380000000 90'15'30"(C) 90'(TC) SEE SHEET 4 �IIIIII� 0 U z w J U II II II II II II II II I N M '4t In to r` 00 0) rC3 C.0 0) 00 t Boundary Closure Report H N M ! 11302 W. 38TH AVE. �0 COURSE: N00'31'25"W LENGTH: 120.00' 36.1' COURSE: N89°13'05"E LENGTH: 70.00' 0 � co COURSE: S0031'25"E LENGTH: 120.00' N Z o=a COURSE: S89'13'05"W LENGTH: 70.00' 0 PERIMETER: 380.00' AREA: 8400 SQ. FT. bZlzc ERROR CLOSURE: 0.00 COURSE: N00'00'00"E C) 00 LLJ 0. ERROR NORTH: 0.000 EAST: 0.000 PRECISION 1: 380000000 90'15'30"(C) 90'(TC) SEE SHEET 4 �IIIIII� 0 U z w J U II II II II II II II II I N M '4t In to r` 00 0) Dov ;1 jb4Uj 1 �•'� ss�o�A l • L ANO � JOB NUMBER: 18-70,821 DATE: 06-06-2018 DRAWN BY: J. STEPHENSON CHECKED BY: ETB/JZG/JK SHEET 3 OF 5 rC3 C.0 0) 00 t H N M ! Z00�N �0 VO= 0 � co Z N Z o=a Z 0 o bZlzc o 00 C) 00 LLJ 0. y � F� 41 N ' Nw 00 nn ti 0 � �4 Nmaa cCL b�0 00 U - > U 0 o O O u Dov ;1 jb4Uj 1 �•'� ss�o�A l • L ANO � JOB NUMBER: 18-70,821 DATE: 06-06-2018 DRAWN BY: J. STEPHENSON CHECKED BY: ETB/JZG/JK SHEET 3 OF 5 rC3 C.0 0) 00 t H N M ! Z00�N �0 VO= 0 I > � r� Ln Z o=a o 00 C) 00 LLJ 0. LIJ 0 d 41 ' Nw 00 nn 0 � �4 Nmaa b�0 00 U - w O u a 00 T I I O O o Z C) Z. �Ln ��� X J � Dov ;1 jb4Uj 1 �•'� ss�o�A l • L ANO � JOB NUMBER: 18-70,821 DATE: 06-06-2018 DRAWN BY: J. STEPHENSON CHECKED BY: ETB/JZG/JK SHEET 3 OF 5 IMPROVEMENT SURVEY PLAT PARCELS OF LAND IN THE EAST HALF OF BLOCK 11 AND A PORTION OF BLOCK 12, BROOKSIDE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, Overall Boundary Detail 0 —� WEST 38TH AVENUE POINT OF BEGINNING (60' RIGHT-OF-WAY) PARCELS B & C N89'13'05"E 176.96' (C) M u M w N89'13'05"E a ¢ 12.00' (C) WEST �c000 rM00 12.0' (TC) O WW � U04 X M 003 003 Za0 Zao PARCEL B PARCEL B w w COMMITMENT #PC201805005803 COMMITMENT #PC201806006D16 0 O U) POINT OF BEGINNING PARCEL A S89'16'25"W 164.48' (C) 164.25' (TC) N r U Q L.L. 0 oCn Y QO _M (n Q W RANGE 69 VEST OF THE 6TH P. M. , CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OE 5 Legend N89°13'05"E • M Lv PARCEL B SET 18" #5 REBAR WITH 1 1/2" ALUMINUM CAP LENGTH: "FLATIRONS SURV 16406" n ¢ COMMITMENT #PC201805005802 (C) CALCULATED FROM RECORD AND AS MEASURED COURSE: �O� (TC) AS PER DESCRIPTION IN TITLE DOCUMENT (SEE NOTE 1) Q CONCRETE Li EDGE OF ASPHALT Q GRAVEL *— FENCE ® BOLLARD CL U_ WATER VALVE pQ3 WATER METER O SANITARY SEWER MANHOLE 00 z 00 ow— OVERHEAD UTILITY LINE cQ, UTILITY POLE n U N GUY WIRE TR TELEPHONE RISER MB W G_ T O L) 0 O U PARCELS 2� Nm B & C 00 LL_d COMMITMENT #PC201805005838 Q0to PARCEL D v 1Z- C) COMMITMENT co U M O ZO 0 0 #PC201805005838 v r- O Ln tDO=X J � off Lo 0 Z W r" O � cV 0t 00 Z) r Cy Ln M - 0 �® z PARCEL A N COMMITMENT #PC201805005803 "' ADDRESS: r COMMITMENT #PC201805005802 11256 W. 38TH AVE. & COMMITMENT #PC201806006016 t- S89'16 (C) 3 164.49' (TC) N O z PARCEL A ' CN COMMITMENT Ln cv U p #PC201805005838 U ca F_ LL w Oc N V_ 0 off, 3 wY Qp QO M � N M H F- � Ld M O � z w N 89'13' 05"E w 12.00' (C) EAST 12.0' (TC) S8913 05 W 12.00' (C) EAST �v 12' (TC) �L6 U0r rn r o Ln Lo C14 CD LL_ 00 z 0 L� Y z Q O U F -m L Q o wLLj .= r F w 0 O U) POINT OF BEGINNING PARCEL A S89'16'25"W 164.48' (C) 164.25' (TC) N r U Q L.L. 0 oCn Y QO _M (n Q W RANGE 69 VEST OF THE 6TH P. M. , CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SHEET 2 OE 5 Legend N89°13'05"E • FOUND MONUMENT AS DESCRIBED ON SHEET 1 COURSE: SET 18" #5 REBAR WITH 1 1/2" ALUMINUM CAP LENGTH: "FLATIRONS SURV 16406" (AM) AS MEASURED AT TIME OF SURVEY (C) CALCULATED FROM RECORD AND AS MEASURED COURSE: INFORMATION (TC) AS PER DESCRIPTION IN TITLE DOCUMENT (SEE NOTE 1) Q CONCRETE �- EDGE OF ASPHALT Q GRAVEL *— FENCE ® BOLLARD CL U_ WATER VALVE ® WATER METER O SANITARY SEWER MANHOLE 00 CLEANOUT ow— OVERHEAD UTILITY LINE cQ, UTILITY POLE -U GUY WIRE TR TELEPHONE RISER MB MAILBOX Boundary Closure Report COURSE: N89°13'05"E LENGTH: 176.96' COURSE: S00'31'25"E LENGTH: 786.00' COURSE: S89'11 3'05"W LENGTH: 12.00' COURSE: S00'31'25"E LENGTH: 511.06' COURSE: S89'1 6'25"W LENGTH: 164.48' COURSE: N00'32'40"W LENGTH: 1296.90' PERIMETER: 2947.39' AREA: 223068 SQ. FT. ERROR CLOSURE: 0.01 COURSE: N78'08'17"E ERROR NORTH: 0.002 EAST: 0.008 PRECISION 1: 294740 GRAPHIC SCALE 80 0 40 80 160 ( IN FEET ) 1 inch = 80 ft. Improvement Detail 0 SANITATION RENT PER 2867 V) 3 00 II II II II II II II II 1 — N r7 0- to LD Il- 00 0) JOB NUMBER: 18-70,821 DATE: 06-06-2018 DRAWN BY: J. STEPHENSON CHECKED BY: ETB/JZG/JK SHEET 2 OF 5 r-,0 00)00 1- Owl Z N <0rnrn co Z V0 0 N Z O o>� �LL ZQ Q Cd CL U_ E-1 O CO 00 QL N N O L) 0 O U JOB NUMBER: 18-70,821 DATE: 06-06-2018 DRAWN BY: J. STEPHENSON CHECKED BY: ETB/JZG/JK SHEET 2 OF 5 r-,0 00)00 1- Owl Z N <0rnrn O V0 J � o>� U') z It Li =Q CL U_ O on n Q o O 00 LLI N N 'Ej �w00 ro 2� Nm 00 LL_d Q0to I o(0 1Z- C) M O ZO 0 0 Ln tDO=X J � JOB NUMBER: 18-70,821 DATE: 06-06-2018 DRAWN BY: J. 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The existing barn has been refurbished and currently houses one full size horse and two miniature horses. Since our zoning allows for multiple horses, we would like to eventually have one or two additional full-size horses. By adding a 36 x40 barn, we could house the horses in the new structure and utilize the existing barn for tractor, equipment, and hay storage. This would eliminate our hay, tractor and equipment being stored outdoors and in plain view Our neighbor to the west, Dr. Odem, has two barns on his property which are much larger structures than 1,500 square feet each. The back portion of our property is surrounded by open space on both sides. Adding a barn under 1,500 square feet would have little to no impact on our neighbors as there are no structures nearby in the area where we propose to build the new barn. Our property, as well as our adjacent neighbors, are more agricultural in character because of the lot sizes and flood plain open space. By adding a horse barn, we can better utilize our property and improve the visual appearance since all animals, supplies and equipment can be housed within structures. There are very few properties within in Wheat Ridge that comprise over four acres and are suitable for horse properties. The private setting of property allows for horses to be kept while not impacting any nearby neighbors. We purchased the Turner farm in October of 2021, with plans to remodel and upgrade the existing home and improve the outdoor appearance of the property. We would like to better utilize the outdoor space for our horses. If allowed to add a barn, the structure would be built match the recently refurbished barn in appearance with cedar siding and premium doors and materials. Thank you for your consideration and we are happy to provide any additional information Sincerely, Becky Osborne free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and subject to statutory exceptions. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Jerry B. Turner, Trustee, or his successors in trust, under the I.B. Turner Trust, dated July 28, 2014 EliiabetT. Fleming, Trustee State of Colorado )ss County of Jefferson The foregoing instrument was subscribed and sworn to before me this 1st day of October, 2021 by Elizabeth T. Fleming, the Trustee of Jerry B. Turner, Trustee, or his successors in trust, under the J.B. Turner Trust, dated July 28, 2014. Witness my hand and official seal. My commission expires: May 20, 2025 'SA A C 0MI —m_ NCTAny pU8Lj,- Smi: OF CoLoRA[),tj N(XFAFjy 1t,,j 19934006285 ray .ora VMISBION _X01AQ, MAY Notary Public Page 2 of 2 WHEN RECORDED RETURN TO:� Becky E. Osborne and Don M. FAm miaw Osborne 11.256 West 38th Avenue Wheat Ridge, CO 80033 File Number: 5503-3766167 WARRANTY DEED THIS DEED, Made this First day of October, 2021, between Jerry B. Turner, Trustee, or his successors in trust, under the J.B. Turner Trust, dated July 28, 2014 a Trust duly organized and existing under and by virtue of the laws of the State of Colorado, grantor, and Becky E. Osborne and Don M. Osborne whose legal address is 11256 West 38th Avenue, Wheat Ridge, CO 80033 of the County of Jefferson and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of NINE HUNDRED FORTY ONE THOUSAND AND NO/ 100 DOLLARS ($941,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described as follows: A PART OF THE EAST ONE-HALF OF TRACT 11, BROOKSIDE SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 11, THENCE NORTH ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 795.04 FEET; THENCE WESTERLY A DISTANCE OF 164.49 FEET TO A POINT WHICH IS 795.04 FEET NORTH OF THE MIDPOINT OF THE SOUTH LINE OF TRACT 11, THENCE SOUTH A DISTANCE OF 795.04 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 11, WHICH POINT IS 164.25 FEET WEST OF THE SOUTHEAST CORNER OF SAID TRACT; THENCE EAST ALONG THE SOUTH LINE OF SAID TRACT 11, A DISTANCE OF 164.25 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 10 FEET OF THE NORTH 506.06 FEET OF EAST 1/2 TRACT 11, SAID EASEMENT TO BE VOID AND OF NO EFFECT UPON A DEEDED OR DEDICATED ROAD BEING MADE AVAILABLE TO THE PROPERTY DESCRIBED ABOVE, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: 11256 West 38th Avenue, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are Doc Fee: $94.10 Page 1 of 2 Rev. 5/2014 City of Wh6, it lt e COMMUNITY DEVELOPMENT Submittal Checklist: Variance Project Name: 0_5 b 0 V Y) e, VC.S i d ty'lC (f horse boy n Project Location: 11256 W, 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 5. Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 6. 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 8. 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, l hereby ensure that all of the above requirements have` been included with this submittal. l 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 (2"d) full review, l will be subject to the applicable resubmittal fee. i r Signature: Name (please print) 3�D C) r- Vim. Date: //I 01 ` CD 0 --') _-*;L- Phone. 3 - JL �o -6 y Phone: Community Development Department • (303) 235-2846 • www.ci.wheatridge.co.us Receipt CDA026035 Receipt Code: Operator Code: Receipt Date: Receipt Total: Received From: Distributions CDA026035 TODEAN 01/19/2022 01:31 PM $200.00 ZONING APPLICATION FEES Source A Description ZONING APPLICATION FEES 7FMSDD,,t,boon Code Payment ADMIN VARIANCE REQUEST FEE $200.00 77256 W 38TH AVENUE Money Amount F VISA 2740/ AUTH CODE: 107299971 $200.00 $0.00 $200.00 City of f`00'Wh6atRid9 LAND USE CASE PROCESSING APPL Community Development Department 7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phoi (Please print or type all information) Applicant be�E ' 0 S b O "1 e" Phone 30 3 2-50 55t `!9 Email ,b Address, City, Stat , ip /125(e tnt, 3 R l''=` Ave-, Wh e-atRIAe- Co 3 Owner �rJVe- Phone Address, City, State, Zip Contact 6 o"1'w►e as abD v'<- Phone Address, City, State, Zip Email Email NOTE: Land use applications must be submitted BY APPOINTMENT with a planner. Incomplete applications will not be accepted—refer to submittal checklists. CATION (303) 235-2846 05bC KA C- &,�rnul'1, ccw�i (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): Type of action requested (check one or more of the actions listed below which pertain to your request): Cl Change of Zone or Zone Conditions O Special Use Permit O Planned Development (ODP, SDP) O Conditional Use Permit O Planned Building Group O Site Plan 0 Temporary Use, Building, Sign 0 Concept Plan SrVariance/Waiver (from Section 26- 115 } O Right of Way Vacation O Subdivision — specify type: O Administrative (up to 3 lots) O Minor (4 or 5 lots) • Major (6 or more lots) O Other: Detailed description of request: 40 b L(l 36' / 6'/ X 40 ' 1 ,5-( 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 owners must submit power-of-attorney from the owner which approved of this action on his behalf. Notarized Signature of ApplicanZ`` t '� State of Colorado } ss County of Tie��'car5rrtl The foregoing instrument (Land Use Processing Application) was acknowledged by me this day of 20 Z 2 by be ccs. CYlmr rteIrcl cGv t nl�E gEAA! —VJ2& Notary Public To be filled out by staff: Date received Comp Plan Design. Related Case No. Assessor's Parcel No. Size (acres or sgft) Rev 1/22/ 2016 NOTAW PUBLIC My commission expires 7 /202 Z STATE OF COLORADO NOTARY ID 20184033016 Fee $ Receipt No. Pre -App Mtg. Date Current Zoning _ Proposed Zoning _ Case No. Quarter Section Map Case Manager Current Use Proposed Use