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HomeMy WebLinkAboutWA-21-06City of Wheat�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29�Ave. Wh eat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE February 11, 2022 Seth Donnell and Kelsey Kistler Workshop Colorado 4373 Jason St. Denver, CO 80211 Re: Case No. WA -21-06 Please be advised that your request for a 15 -foot (50%) variance from the 30 -foot frontyard setback requirement for primary structures for a single-family dwelling to be constructed on property located at 3227 Hillside Drive 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 12, 2022) of the date it was granted unless a building permit for the variance has been obtained. Please feel free to be in touch with any further questions. Sincerely, Alan Sielaff D� Plans Reviewer/Inspector Community Development Department — Planning Division Enclosure: Approval of Variance cc: Brad Weiman, Hill Top Estates LLC WA -21-06 (case file) WA2106.doc www.cimheattidge.co.us 7500 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 3227 Hillside Drive referenced as Case No. WA -21-06 / 3227 Hillside Drive; 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 15 -foot (50%) variance from the 30 - foot front yard setback requirement for a single-family dwelling in the Residential -One (R-1) zone district (Case No. WA -21-06 / 3227 Hillside Drive) is granted for the property located at 3227 Hillside Drive, based on the following findings of fact: 1. The variance would not alter the essential character of the neighborhood. 2. The granting of the variance would enable a shorter and more compatible home design. 3. The applicant is proposing a substantial investment which would not be possible without the variance. 4. The placement of the proposed home and the topography and shape of the lot limit the ability of the owner to develop the property under the existing R-1 standards. 5. 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. 6. 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: 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. x-'&� P 9"LZ�M'e' 1/12/21 Kenneth Johnst e, AICP Date Community Development Director City of Wh6atRjLd �ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: January 10, 2022 CASE MANAGER: Alan Sielaff CASE NO. & NAME: WA -21-06 / 3227 Hillside Drive ACTION REQUESTED: Approval of a 15 -foot (50%) variance from the 30 -foot front yard setback requirement for a single-family dwelling to be constructed on property located at 3227 Hillside Drive and zoned Residential -One (R-1). LOCATION OF REQUEST: 3227 Hillside Drive (Lot 5, Hilltop Estates Subdivision) APPLICANT (S): OWNER (S): APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: Seth Donnell, Workshop Colorado Hill Top Estates, LLC 15,547 square feet (0.357 Acres) Residential -One (R-1) Vacant 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 a 15 -foot (50%) front yard setback variance from the 30 -foot front yard setback requirement in the Residential -One (R-1) zone district to allow for the construction of a new single-family dwelling on Lot 5 of the Hilltop Estates Subdivision (3227 Hillside Drive). 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 west side of Hillside Drive, which is currently under construction to serve the new Hilltop Estates Subdivision (§ehibit 1, Aerial). The site is zoned Residential -One (R-1) and the surrounding properties are also zoned R-1 (Exhibit 2, Zoning Map). The property is located near the Wheat Ridge municipal boundary; the Lakewood city limit is approximately 750 feet to the southwest, and Crown Hill Park in unincorporated Jefferson County is approximately 800 feet to the southeast. The R-1 zone district provides for high quality, safe, quiet and stable low-density residential neighborhoods. In the R-1 zone district, front yards for single-family homes have a 30 -foot setback requirement. Per the Hilltop Estates Subdivision, the lot measures 15,547 square feet and is a flag lot configuration. The lot width, as measured at the front lot line of the flag, is approximately 165 feet wide. The lot is currently vacant as this property and the surrounding area are under development as part of the recently approved Hilltop Estates Subdivision which created 14 lots for single-family development (Exhibit 3, Subdivision Map). The applicant is requesting the variance in order the construct the dwelling closer to the new Hillside Drive and to keep the footprint of the house further east on the lot than would otherwise be allowed. Two physical conditions are contributing to the request: the presence of easements along the rear lot line and the irregularly shaped flag lot shape. Lot 5 contains 38 feet of easements along the western and northern property lines. The 30 -foot Rocky Mountain Ditch Company easement and 8 -foot general utility and drainage easement restricts development beyond the standard 15 -foot rear setback in the R-1 zone. The flag lot configuration of the property means the standard 30 -foot front setback is measured at the front lot line of the flag portion of the lot, not where the pole portion of the lot connects to the street; an additional 55 feet in distance. In effect, the house would be required to be 85 feet from Hillside Drive. The variance request would reduce that distance to 70 feet from the street and 15 feet from the rear of the adjacent Lot 6. Flag lot setbacks are measured in this way to reduce impacts to the front Administrative Variance CaseNo. WA -21-06/3227 Hillside Drive neighbor. In this case, however, because this is a new subdivision, no existing residents would be impacted, and the future owners of both Lot 5 and Lot 6 will be made aware of the configuration. Ultimately, the setback reduction would allow the new home to better utilize the existing grades on the site, which generally descends towards the Rocky Mountain Ditch to the north and west, and will facilitate a larger ground floor footprint for the house (Exhibit 4, Site Plan and Exhibit 5, Elevations). The applicant has stated that if the current setbacks are to be met, the home would likely increase in height (Exhibit 6, Written Request), which would act as an even greater impact on a site that already sits significantly higher than the established neighborhood to the west (iibit 7, Topography). The maximum height in the R-1 zone is 35 feet, whereas the home as proposed would be approximately 25 feet in height as measured from the average grade elevation. The home will be built to utilize the grade at one to two stories in height and include a flat -roof design. The Engineering Division has reviewed this request and has worked with the applicant on site grading and to allow an encroachment into the rear drainage and utility easement. The applicant has also worked with the applicable utility companies to allow the home to encroach 6 feet into the general utility easement at the northern end of the home by establishing a new utility easement within the non- exclusive Rocky Mountain Ditch Company easement in this area (Exhibit 8, Encroachment tprovals). That element, however, of the proposed site design is not part of this variance request. 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 Front Setback east 30 feet min. 15 feet Side Setback south 15 feet 22 feet Rear Setback west/north 15 feet 32 feet Alternative Designs The applicant has stated there are limited options to meet the existing front yard setback, which as previously referenced, include reducing the building footprint and adding height to the proposed design. The applicant and staff have concerns that additional height would more negatively impact the existing neighborhood to the west and north than the current design. While the lot includes approximately 2,400 square feet of buildable area, the irregular triangular shape of the lot leads to further difficulties in building layout to accommodate garage access and the narrowed usable areas at the northern and western points of the triangular shape. The applicant also states that this reduced area would be a disadvantage for this lot in comparison to the others in the area which are generally approximately 6,500 square feet in buildable area. Public Comment The property was posted for 10 days and letters were sent to adjacent property owners notifying them of the application. One phone call was received seeking clarification on the setback request and impact to the western neighbors and the Rocky Mountain Ditch. Staff called the property owner back and left a message explaining the nature of the request in more detail and has not received further comment from the resident. No written comment has been submitted. Administrative Variance CaseNo. WA -21-06/3227 Hillside Drive 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 6, 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, however, a different size, height, or design of the home would be required to stay within the developable area. 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 as the immediate adjacent properties in Hilltop Estates are currently vacant and proposed to be developed with single family homes of similar size and layout. Further, the actual distance of the proposed home to the future Hillside Drive will be well over the 30 -foot front setback that adjacent homes must follow. Granting of this variance would better achieve a more consistent character as the new home would be more in-line with other new homes in the area in terms of distance to Hillside Drive and would facilitate a building height under the maximum allowed for R-1 zoning as the existing homes to the west are mainly one and two-story residences. Without granting the variance, a three-story design may be necessary, increasing impacts to the existing homes to the northwest. 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 single-family dwelling is a substantial investment in the property and it would not be possible to construct in the proposed location without a front yard setback variance. Although alternate designs are technically possible, they would result in conditions that would more adversely impact adjacent property owners and make the property less functional. Staff finds this criterion has been met. Administrative Variance CaseNo. WA -21-06/3227 Hillside Drive 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 proposed house on the lot necessitates the variance request because if the 30 -foot front yard setback requirement was followed, the footprint of the house would be pushed west and south and have a reduced buildable area which results in a steeper elevation decline on the lot towards the more restrictive rear easements of the Rocky Mountain Ditch and general utility and drainage easements. The applicant states the buildable area of Lot 5 is approximately 2,400 square feet and is far less than other lots in the Hilltop Estates Subdivision which generally contain approximately 6,500 square feet of buildable area An alternate design of the home would result in a home less compatible with the surrounding neighborhood due to the potential increase in height and additional bulk and massing to existing homes to the west. 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 is responsible for the existing subdivision design. They self-imposed the hardship which resulted from a misunderstanding on the application of front yard setback requirements as applied to a flag lot. Although staff determined at the time of subdivision review that Lot 5 was developable, it does have the smallest development area of the lots within the Hilltop Estates subdivision. 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, and in fact would better preserve air and light to existing residences to the west. 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 Panance CaseNo. WA -21-06/3227 Hillside Drive 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 in the Hilltop Estates subdivision are impacted by a decreased building area due to the Rocky Mountain Ditch, significant topography, and rear utility and drainage easements along the western boundary of the subdivision. Though this is the only flag lot in the subdivision, at least three other lots are also irregular in shape or abnormally impacted by easements (Lots 1, 10, and 12). The conditions at this location that would necessitate a variance request are not unique to the property, but the severity of impact on this property is the distinguishing condition. Staff finds this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. The nature of the front yard setback 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 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 15 -foot (50%) front yard setback variance from the 30 -foot front yard setback requirement in the Residential -One (R-1) zone district to allow for the construction of a new single- family dwelling on Lot 5 of the Hilltop Estates Subdivision. 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 granting of the variance would enable a shorter and more compatible home design. 3. The applicant is proposing a substantial investment which would not be possible without the variance. 4. The placement of the proposed home and the topography and shape of the lot limit the ability of the owner to develop the property under the existing R-1 standards. 5. 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. 6. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Administrative Panance CaseNo. WA -21-06/3227 Hillside Drive 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. Administrative Panance CaseNo. WA -21-06/3227 Hillside Drive EXHIBIT 2: ZONING MAP 33ca P Approxi location of site / L Zoning: R-1 32nd Ave WA �m�e Cole Na WA21-G5/32DH46rtrk ffibe EXHIBIT 3: SUBDIVISION MAP le , The Hilltop Estates Subdivision was approved in 2020 and features 14 lots for single-family residential development, three tracts, and public right-of-way to accommodate construction of Hillside Drive to serve the subdivision. Administrative Vanance 10 Case No. WA -21-06/3227 Hillside Dnve "" ur LOT 5 (3227 Hillside Dr.)Ml- �w� i ,� 1 am uaueu,w ���------ The Hilltop Estates Subdivision was approved in 2020 and features 14 lots for single-family residential development, three tracts, and public right-of-way to accommodate construction of Hillside Drive to serve the subdivision. Administrative Vanance 10 Case No. WA -21-06/3227 Hillside Dnve EXHIBIT 4: SITE PLAN ■ 15R sd setbe L.—..—.. _— The applicant is proposing a new two-story home with walkout basement with a building footprint further east than would otherwise be allowed due to the front yard setback measured at the lot line parallel to the public right-of-way. An attached 3 -car garage is proposed to be accessed on the south side of the home. The setback reduction would allow construction of a home in similar size to others in the Hilltop Estates subdivision with addition of a third level. Acbnir tratve Pari�ce 11 Care M. WA-21-0613227Hil1rirk Drive EXHIBIT 5: ELEVATIONS ZONING EAST ELEVATION \LJ11x17 SCALE: 1/16"= 1'-0" ZONING WEST ELEVATION Proposed front (east) and back (west) elevations for the 2 -story home which, due to grades in the area, facilitates a home that appears to only be one-story in height from the east and better preserves views for surrounding properties in the subdivision. Administrative Variance 12 Case No. GPA -21-0613227 Hillside Drive a� Q� ZONING EAST ELEVATION \LJ11x17 SCALE: 1/16"= 1'-0" ZONING WEST ELEVATION Proposed front (east) and back (west) elevations for the 2 -story home which, due to grades in the area, facilitates a home that appears to only be one-story in height from the east and better preserves views for surrounding properties in the subdivision. Administrative Variance 12 Case No. GPA -21-0613227 Hillside Drive EXHIBIT 5: ELEVATIONS ZONING SOUTH ELEVATION �J11x17 SCALE: 1/16"= 1'-0" v,n �7�ZONING TH NORELEVATION �11x1]3CALE: 1116= 1'0' Proposed side (north and south) elevations. Administrative Variance 13 CaseNo. WA -21-0613227 Hillside Drive EXHIBIT 6: WRITTEN REQUEST 3j.pwx Down ..� °gin .e.o..ao 3227 Hillside Dr. (IxA n5)1 Variance Criteria Response The conditions of the site pose a great ha ndship for designing a home on dus lot. Thei mvided drainage easement i rear sethack(59'), required front setback (30'G and prohibitive nature of a flag lot combine to create situation in which it is unfeasible to blend in with the scale of the immediate area. This not only affects the aforementioned scale but she the ability to achieve the typical program of comparable homes in the neighborhood ((ri6oia 95) Considering dose lot restrictions, me only possible design solution fora home an this site would have many negative impacts on the adjacent neighbors. Thew inputs include but are not Headed to: I. Increased verticality and scale within an areadist lacks both. This z. Inwould altthe essential character of locality(Criteru#2) er creased height impaim views, impedes privacy, and restricts sunlight from the south to adjacent lots to the north. (Criteria #6) Not only does the given building envelope have a negative impact on the urtouMing neighbors but it also restricts the buildable area on the lot itself. its mentioned previously the setbacly combined with the substantial change in grade (21') limit the max building area to -2,000 sf. In comparison, most lots in the general viciety have a buildable area of �6,900sf. This places the owners at an obvroua disadvantage regarding physical surroundings. shape, and topographic conditions. (tliRria #1, #3, and #0) In order to proceed with a dmirable pmject and development bar this particular lot, it is our hope that the zoning administrator will take the various criterion into consideration to reaU a decision that hwrably affects the anoue stakeholders and city of Wheat Ridge in dus ambitious neighborhood development Criteria*]. This criteria doer not apply to our proj net being that unusual conditions am unique to this property and not the neighborhood as a whole. Criteria#8. Criteria 08 does not apply to single-family homes. Criteria09. Criteria 09 does not apply to single-family homes. Cd,N,VWA 1m 132 Cole Na WA21-G5/32DH16rtrk LMbe EXHIBIT 7: TOPOGRAPHY J` Approximate / location of site J 32�d All '°1 zea A.. Theproperty drops off considerably along the northwest property line as the areadescends towards the Rocky Mountain Ditch and established single-family neighborhood. Additional height on this lot would be especially impactful considering the already higher grades of the site Adrrvnistra6ve I anance Case No. WA -21-0613227 Hillside Dave EXHIBIT 8: ENCROACHMENT APPROVALS XcelEnergy° da�03°m� PYBIIC SERVICE COMPANY l(VmO2S M T,p EffiIq= 43731aem Strml Um e. CO 80211 Re: Ual, EsemeW Em'rvaebmeol 3122 ifillude DH,, RLmeRNge. CO 8033 Dx A9elY Pwu, Ym have mtiERAX [Emff femtu'Wgahwee m yw 7g L 322] IEL®h 0.im, W RidgS Comalo.mme lwWcduh de,,,Ndwluf5. CiUN, EYarcylolM m 5s4®2B, imweAP 3 Sa Rm 9J Wm, tautly of letfwq SWe of Cobndo. 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Si ly, 13,M Galli RWA mgwIcCwayRPamJe 3NF10.39Y1 AtllomcvaW(luelwrc® Cd,N, WDe1m 132 Cole Na WA21-G5/32DH1Ertrk LMbe EXHIBIT 8: ENCROACHMENT APPROVALS From: "Ives. Steven" <Ste —lv- J— > Date: October 22.2021 at 4:58:40 PM MDT T. Kelsey Kisder 4celseykQwmkshopco1cado.cona> Subject RK: 32uddGphug St Development Century fink -11 allow o bull6ng [o encmoM up to 6)eetln the 8 foot urtllryeosementlom[edpamllel to the northimeApmperty line of Lot 5 i Me Hilltop rsMessubdieewo STEVENIVES SR LNI ENGINEER CendryLink 5325 ZUNI ST DENVER CO 80221 United States cell: 720.2194160 Steven Ne.9 amen r m <141 vrnil <i_[endi8—> LUMEN' Administrative Variance 17 ColeNo. WA -2t-06/ 3227 Hillside Drive EXHIBIT 8: ENCROACHMENT APPROVALS Hello Kelsey; Thank you for reaching out WComcast At this time, we have fully reviewed this site and currently Comcast plant n all overhead m We Loa 1, 5, and 10 in M110p MWW subd moon (per document sentro )-Wehaveno Undagr plantwithintheareaoftheselotu_ Youcanseethe OHpoles whereomplantresides&aeforewehavenoissuewiWWeabm&=mtofthetenantW ity easement pedaiviug to the mentioned lot Thank you swwx+eiy, Kayua De JoHc4' Comca3t Cam SupeevL2 , Coni mctCOm 720-601-4729, Lea Kawla Lcftmooc&wwadtcorry Admemsnanoe u nacre Case No WA -21-06/3227 Heissde Drds 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 October 5, 2021 Dear Property Owner: This is to inform you of Case No. WA -21-06, Request for approval of a 15 -foot (50%) variance from the 30 -foot frontyard setback requirement for primary structures for a single-family dwelling to be constructed on property located at 3227 Hillside Drive and zoned Residential -One (R-1). 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 October 14, 2021 by mail or email (zoning@ci.wheatridge.co.us). Thank you. WA2106.doc www. ci.wh a atri dge. co m s Owner 1 lOwner 2 lowner 3 Company Mailing Address iStiStreetName iTypelUnitiCity iState lZip lProperty Address iStiStreet Name iTypelUnitiCity IState Zip 10280 W 33RD AVE 10280 W 33RD AVE JACOBS JILLIANN WHEAT RIDGE CC 80033 10280 W 33RD AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CC 80033 10280 W 33RD AVE WHEAT RIDGE CO 80033 10270 W 33RD AVE 10270 W 33RD AVE ABEL SCOTT QUINONES SVRMAC WHEAT RIDGE CC 80033 10270 W 33RD AVE WHEAT RIDGE CO 80033 WHEAT RIDGE CC 80033 10270 W 33RD AVE WHEAT RIDGE CO 80033 8553 W STH AVE 10250 W 33RD AVE BRVCE FAM ILV TRUST THE IANEW00D CC 80215 8553 W STH AVE IANEW00D CO 80215 WHEAT RIDGE CC 80033 10250 W 33RD AVE WHEAT RIDGE CO 80033 4373 JASON ST H ILL TOP ESTATES LLC DENVER CC 80211 4373 JASON ST DENVER CO 80211 :e o.A s- 21-11A I. •: cam � 1 T F Y �i] NOT ¢: tend use applications moat be L t submitted BY APPOINTMENT with a City Of planner. Incomplete applications will not 'e�, Wheatl bee,,,pted--,rertowbmitul checklists. ga LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29111 Avenue a Wheat Ridge, CO 50033 • Phone (303) 235-2846 (Please print or type all information) Applicant Seth Donnell Phone 432-296-2850 Email sethd@workshop-colorado.com Address, City, State, Zip 4373 Jason St, Denver Co 80211 Owner Hill Top Estates LLC Phone 303-949-5945 Email bracl@workshop-colorado.com Address, City, State, Zip 4373 Jason St, Denver, Cc 80211 Contact Kelsey Kistler Phone 303-818-2768 Email kelseVk@workshop-colorado.com Address, City, State, Zip 4373 Jason St. Denver Co 80211 (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): 3227 Hillside Drive Type of action requested (check one or more of the actions listed below which pertain to your request): ❑ Change of Zone or Zone Conditions ❑ Special Use Permit ❑ Subdivision — specify type: ❑ Planned Development (ODP, SDP) ❑ Conditional Use Permit ❑ Administrative (up to 3 lots) ❑ Planned Building Group ❑ Site Plan ❑ Minor (4 or 5 lots) ❑ Temporary Use, Building, Sign ❑ Concept Plan ❑ Major (6 or more lots) O Variance/Waiver (from Section 26-___) ❑ Right of Way Vacation ❑ Other: Detailed description of request: We are proposing a zoning variance to the front setback and rear utility drainage easement on a flag lot (Lot #5) that is part of the Hilltop Estates development. We are requesting to change the existing front setback from 30' to 15' and a 6' encroachment on a 32' long portion of the rear utility drainage easement on the northern side of the site. 1 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 behaf EY RAE KISTLER Notarized Signature of Applicant State of Colorado } as County of:VC yt V � KELS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194042740 ASSIGN EXPIRES NOVEMREF The fore oing instrument (Land Use Processing Application) was acknowledged by me this 21 may of S�Lt 7i �MIIx V, 20 2 I by�c In =Vtcll To be filled out by staff: Date received 9-29-21 Comp Plan Design. Related Case No. Assessor's Parcel No. Size (acres or sqft) R.r 1! 2016 My commission expires f _/j/20Z& Pee S 200.00 Receipt No. CDA025413 Pre -App Mtg. Date Current Zoning R-1 Proposed Zoning Case No. WA -21-06 Quarter Section Map Case Manager Sielaff Current Use Vacant Land Proposed Use Single Family Sunni M Your �4�,niIn�� TO caustic sections, met. Wednesday, _:r° eu29.aar<ao25or HI Alan and Scott Below is the receipt forth, variance at 3227 HillsideThe case pis SEA 2106 Can you please forward the below rereipt to the applicant Thanks, Tamny Otlran Administrative Assistant Community Development 303235-2846 ad WCity atR�lge CottwOHtn Dtvewew.Tur From: ERPAl wheatridge m. us E)oNotreepN@a whearidge cc us, Sent Wednesday, September 29, 2021339 PM To: Tammy Coach ¢odeanyl wheatddgecc us, Subject: Your Wheat Ridge Recent Hello, Here is your requested receipt from He Qry of Wheat Ridge Sincerely, The City of Wheat Ridge 7500 W. s i Ave Wheat Ridge, CO 80088303-2345900 Receipt CDA025413 Receipt Code: MAo25413 Operator Cod as TODEAN Receipt Date: 09/2920210334 PM Receipt Total: $20000 Received From: ZONING APPLICATION FEES Distributions Source Sou¢ Oeevip Pa�mieM D¢cnplion FMSD Distribution Code Payment Money ZONING APPLICATION FEES LAND USE APPLICATION FEE- ADMIN VARIANCE 3227 HILLSIDE VISA 16787 / AUTH CODE: 101068161 1 $200.00 1 $0.00 1 $200.00 $200.00 I'll City of Rev 5/2014 WheatRdge COMMUNITYDMUIPM T Submittal Checklist: Variance Project Name: Hilltop Lots Project Location: 322 Hillside Drive , wheat 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: X 1. Completed, notarized land use application form 72. Application fee x 3. Signed submittal checklist (this document) x 4. Proof of ownership—e.g. deed 75. Written authorization from property owners) if an agent ads on behalf of the owners) 76. 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 78. To -scale site plan indicating existing and proposed building footprints and setbacks 79. 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. Signature: Name (please print): sem Donneu Date: 091621 Phone: 432-296-2050 Community Development Department (303) 2352846 www.d.wheatridge.co.us 2020084605 71161202010:07 AM PGS 12 $68.00 DF $0.00 Electronically Recorded Jefferson County, CO George P Stern, Clerk and Recorder TD1000 N Return to: FirstBank - Loan Operations, 12345 West Colfax Avenue, Lakewood, CO 80215 Space Above This Line For Recording Data DEED OF TRUST (With Future Advance Clause) DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is July 15, 2020. The parties and their addresses are: GRANTOR: WORKSHOP HOLDINGS, LLC A Colorado Limited Liability Company 4373 Jason Street Denver, CO 80211 TRUSTEE: PUBLIC TRUSTEE OF JEFFERSON COUNTY, COLORADO LENDER: FIRSTBANK Organized and existing under the laws of Colorado 12345 West Colfax Avenue Lakewood, CO 80215 1. DEFINITIONS. For the purposes of this document, the following term has the following meaning. A. Loan. "Loan" refers to this transaction generally, including obligations and duties arising from the terms of all documents prepared or submitted for this transaction. 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor does hereby irrevocably grant, convey and sell to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: See Attached Exhibit A The property is located in Jefferson County at Vacant Land 32nd And Kipling, Wheat Ridge, Colorado 80033. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber including timber to be cut now or at any time in the future, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time and from time to time will not exceed $1,266,500.00. Any limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBTS AND FUTURE ADVANCES. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 9337207, dated July 15, 2020, from Hill Top Estates LLC (Borrower) to Lender, with a loan amount of $1,266,500.00, with an initial interest rate of Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services °1 996, 2020 Bankers SystemsTm Page 1 L"TRIer° "j 4.500 percent per year (this is a variable interest rate and may change as the promissory note prescribes) and maturing on August 1, 2021. B. Future Advances. All future advances from Lender to Hill Top Estates LLC under the Specific Debts executed by Hill Top Estates LLC in favor of Lender after this Security Instrument. If more than one person signs this Security Instrument, each agrees that this Security Instrument will secure all future advances that are given to Hill Top Estates LLC either individually or with others who may not sign this Security Instrument. All future advances are secured by this Security Instrument even though all or part may not yet be advanced. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future advances in any amount. Any such commitment must be agreed to in a separate writing. C. All Debts. All present and future debts from Hill Top Estates LLC to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. This Security Instrument will not secure any debt for which a non -possessory, non -purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. This Security Instrument will not secure any other debt if Lender, with respect to that other debt, fails to fulfill any necessary requirements or fails to conform to any limitations of the Truth in Lending Act (Regulation Z) or the Real Estate Settlement Procedures Act (Regulation X) that are required for loans secured by the Property. D. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 5. LIMITATIONS ON CROSS -COLLATERALIZATION. The Loan is not secured by a previously executed security instrument if a non -possessory, non -purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. The Loan is not secured by a previously executed security instrument if Lender fails to fulfill any necessary requirements or fails to conform to any limitations of the Real Estate Settlement Procedures Act, (Regulation X), that are required for loans secured by the Property or if, as a result, the other debt would become subject to Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007. The Loan is not secured by a previously executed security instrument if Lender fails to fulfill any necessary requirements or fails to conform to any limitations of the Truth in Lending Act, (Regulation Z), that are required for loans secured by the Property. 6. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 7. NON -OBLIGATED GRANTOR. Any Grantor, who is not also identified as a Borrower in the Secured Debts section of this Security Instrument and who signs this Security Instrument, is referred to herein as a Non -Obligated Grantor for purposes of subsection 7(d)(4) of 12 C.F.R. 1002 (Regulation B) which implements the Equal Credit Opportunity Act (ECOA). By signing this Security Instrument, the Non -Obligated Grantor does convey and assign their rights and interests in the Property to secure payment of the Secured Debts, to create a valid lien, to pass clear title, to waive inchoate rights and to assign earnings or rights to payment under any lease or rent of the Property. However, the Non -Obligated Grantor is not personally liable for the Secured Debts by virtue of signing this Security Instrument. Nothing in this section shall be construed to modify or otherwise affect the Non -Obligated Grantor's obligations, if any, that were separately made with Lender in a separate agreement and duly signed by the Non -Obligated Grantor in the context of that separate agreement. 8. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services 101996, 2020 Bankers SysternST" Page 2 with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 9. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 10. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. 11. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law, as applicable. 12. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a corporation, partnership, limited liability company or other organization), Lender may demand immediate payment if: A. A beneficial interest in Grantor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation, partnership, limited liability company or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 13. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties and representations which will continue as long as this Security Instrument is in effect: A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which Grantor operates. Grantor has the power and authority to enter into this transaction and to carry on Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Grantor operates. B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is subject. C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not changed Grantor's name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Lender's prior written consent, Grantor does not and will not use any other name and will preserve Grantor's existing name, trade names and franchises. 14. PROPERTY CONDITION, ALTERATIONS, INSPECTION, VALUATION AND APPRAISAL. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services ©1996, 2020 Bankers Systems'" Page 3 No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Grantor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time and frequency for the purpose of inspecting, valuating, or appraising the Property. Lender will give Grantor notice at the time of or before an on-site inspection, valuation, or appraisal for on-going due diligence or otherwise specifying a reasonable purpose. Any inspection, valuation or appraisal of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection, valuation or appraisal for its own purpose, except as otherwise provided by law. 15. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 16. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to Lender as additional security all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default. Grantor will not collect in advance any Rents due in future lease periods, unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents in trust for Lender and Grantor will not commingle the Rents with any other funds. When Lender so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting, valuating, appraising and preserving the Property, and other necessary expenses. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender. This Security Instrument will remain effective during any statutory redemption period until the Secured Debts are satisfied. Unless otherwise prohibited or prescribed by state law, Grantor agrees that Lender may take actual possession of the Property without the necessity of commencing any legal action or proceeding. Grantor agrees that actual possession of the Property is deemed to occur when Lender notifies Grantor of Grantor's default and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. Immediately after Lender gives Grantor the notice of default, Grantor agrees that either Lender or Grantor may immediately notify the tenants and demand that all future Rents be paid directly to Lender. As long as this Assignment is in effect, Grantor warrants and represents that no default exists under Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services X1996, 2020 Bankers Systems'"" Page 4 the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender. If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 17. DEFAULT. Grantor will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments. Grantor or Borrower fail to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Business Termination. Grantor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is declared legally incompetent. D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Material Change. Without first notifying Lender, there is a material change in Grantor's business, including ownership, management, and financial conditions. N. Insecurity. Lender determines in good faith that a material adverse change has occurred in Borrower's financial condition from the conditions set forth in Borrower's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 18. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property or foreclose on installments without acceleration. Any amounts advanced on Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services 01996, 2020 Bankers Systems- Page 5 Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of Grantor's default or anytime thereafter. If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted remedy, at the request of Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon the sale of the Property, to the extent not prohibited by law, and at such time purchaser is legally entitled to it, Trustee shall make and deliver a deed to the Property sold which conveys title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all monies advanced for repairs, taxes, insurance liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to persons legally entitled to it. Lender may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 19. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement, valuation, appraisal or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect, valuate, appraise and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees after default and referral to an attorney who is not a salaried employee of Lender, court costs, and other collection costs. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor. 20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services °1996, 2020 Bankers Systems'" Page 6 B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 21. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services ®1996, 2020 Bankers SysternS- Page 7 22. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss payable clause") endorsement that names Lender as "mortgagee" and "loss payee". If required by Lender, all insurance policies and renewals will also include an "additional insured" endorsement that names Lender as an "additional insured". If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing). Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include lesser or greater coverages than originally required of Grantor, may be written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 23. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 24. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights relating to the Property. 25. USE OF PROPERTY. "Grantor agrees not to (a) use any portion of the Property for any activity related to marijuana, including but not limited to cultivation, growth, storage manufacturing, or distribution facilities or recreational or medical marijuana operations (collectively, the "Prohibited Uses"); (b) permit any lease, sublease, license or other agreement relating to the Prohibited Uses on or in any portion of the Property; and (c) make any payments of the obligations from any funds derived from any activity related to the Prohibited Uses. Grantor acknowledges it will add to all of its leases of the Property a provision prohibiting the Prohibited Uses. Notwithstanding any provision to the contrary in this Deed of Trust or any document, instrument or writing relating to the Deed of Trust or obligations of Grantor to Lender (collectively, the "Loan Documents"), no direct or indirect disclosure by Grantor to Lender or any person affiliated with Lender, and no knowledge of the Lender or any person affiliated with Lender, of the existence Prohibited Use on, in, about the Property shall estop Lender or waive any right of Lender to invoke any remedy under the Loan Documents for violation of any provision hereof. The foregoing will apply notwithstanding the receipt or execution of an Estoppel Certificate or a Subordination, Non -Disturbance or Attornment Agreement or other document from or with any tenant of Grantor engaged in such Prohibited Use. A violation of this paragraph shall be an event of default hereunder entitling Lender to all of its rights and remedies hereunder." 26. CONSTRUCTION LOAN. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. 27. APPLICABLE LAW. This Security Instrument is governed by the laws of Colorado, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare0000000000224703807142ON Wolters Kluwer Financial Services X1996, 2020 Bankers SystemsT" Page 8 28. JOINT AND SEVERAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor severally or together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. 29. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 30. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 31. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any other, correct and complete information Lender requests to effectively mortgage or convey the Property. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. 32. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any dispute, claim or other matter in question between or among Lender and Grantor that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and Grantor agree to in writing. For purposes of this section, this Transaction includes this Security Instrument and any other document relating to the Secured Debts, and proposed loans or extensions of credit that relate to this Security Instrument. Lender or Grantor will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration. Lender or Grantor may, whether or not any arbitration has begun, pursue any self-help or similar remedies, including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to Lender or Grantor; or foreclose against any property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare00000000002247038071420N Wolters Kluwer Financial Services 01996, 2020 Bankers System STM Page 9 Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among Lender and Grantor involve interstate commerce. The United States Arbitration Act will govern the interpretation and enforcement of this section. The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Security Instrument, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in this Security Instrument or another writing. 33. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. 34. WAIVER OF JURY TRIAL. If the parties do not opt for arbitration, then all of the parties to this Security Instrument knowingly and intentionally, irrevocably and unconditionally, waive any and all right to a trial by jury in any litigation arising out of or concerning this Security Instrument or any other documents relating to the Secured Debts or related obligation. All of these parties acknowledge that this section has either been brought to the attention of each party's legal counsel or that each party had the opportunity to do so. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. GRANTOR: Workshop I n " LC By Date Brae eiman, Manager ACKNOWLEDGMENT. ,. STATE OF COLORADO, COUNTY OF l ss. This record was acknowledged before me on July 15, 2020 Brad r marc Maa r Workshop Holdings, LLC a Limited Liability Company on behalf of the Limited Lia iiity\C�my.' My commission expires: 11 ,2-1 ; EKATHERINE C TALCOTT ARY PUBLIC OF COLORADO RY ID 19974007236 ion Expires May 11, 2021 Hill Top Estates LLC Colorado Deed Of Trust CO/4SLBotare0000000000224703807142oN Wolters Kluwer Financial Services ©1996, 2020 Bankers System SW Page 10 Exhibit A Escrow No. 70645785 PARCEL A: SOUTH 1/2 OF SOUTHEAST 1/4 OF NORTHEAST 1/4 LYING SOUTH OF ROCKY MOUNTAIN DITCH, EXCEPT EAST 30 FEET AND EXCEPT SOUTH 30 FEET, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THE SOUTH 300 FEET OF THE EAST 430 FEET OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST, EXCEPT THE EAST 30 FEET THEREOF THAT LIE IN KIPLING STREET AND THE SOUTH 40 FEET THEREOF THAT LIE IN WEST 32ND AVENUE, EXCEPT THAT PART CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY DEED RECORDED AUGUST 11, 1969 IN BOOK 2124 AT PAGE 192, AND EXCEPT THAT PART CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED RECORDED OCTOBER 8, 1990 AT RECEPTION NO. 90086568, AND EXCEPT THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS COMMENCING ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 28, AT A POINT WHENCE THE EAST 1/4 CORNER THEREOF BEARS NORTH 89°41' EAST 413.75 FEET; RUNNING THENCE NORTH 04°22' WEST 150.45 FEET TO AN ANGLE POINT; THENCE NORTH 06°23' EAST 85.85 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 72°33' EAST 45.31 FEET; THENCE NORTH 23°08' EAST 11.66 FEET; THENCE SOUTH 72°45.5' EAST 16.09 FEET; THENCE NORTH 22°21' EAST 36.59 FEET; THENCE NORTH 32°03.5' EAST 78.49 FEET TO THE NORTHEAST CORNER OF THE SUBJECT PROPERTY WHENCE THE AFORESAID EAST 1/4 CORNER OF SECTION 28 BEARS SOUTH 42°20.5' EAST 440.68 FEET; THENCE ALONG THE NORTH LINE OF THE SUBJECT PROPERTY NORTH 60°50' WEST 161.8 FEET TO ITS NORTHWEST CORNER; THENCE SOUTH 03°31' WEST 161.65 FEET; THENCE SOUTH 72°33' EAST 33.90 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL B: THE EAST 430 FEET OF THE SOUTH 300 FEET OF THE NORTHEAST 1/4 OF SECTION 28 IN TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPT THE EAST 30 FEET THAT LIE IN KIPLING STREET, EXCEPT THE SOUTH 40 FEET RESERVED FOR WEST 32ND AVENUE, EXCEPT THOSE PARTS OF THE ABOVE AT THE NORTHEAST AND SOUTHEAST CORNERS THAT LIE OUTSIDE THE ARCS OF 30 FOOT RADIUS CIRCLES DRAWN TANGENT TO NORTH AND EAST PROPERTY LINE AT WEST 32ND PLACE AT KIPLING STREET AND TANGENT TO SOUTH AND EAST PROPERTY LINES AT WEST 32ND AVENUE AND KIPLING STREET. EXCEPT ANY PORTION OF THE ABOVE DESCRIBED PROPERTIES THAT LIE WITHIN THE PROPERTY DESCRIBED IN DEED RECORDED SEPTEMBER 18, 1975 IN BOOK 2770 AT PAGE 378 AND EXCEPT THAT FOLLOWING DESCRIBED PROPERTY, TO -WIT: THAT PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN IN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF WEST 32ND AVENUE AND THE WEST LINE OF KIPLING STREET, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 28 BEARS SOUTH 56°29'23" EAST 53.89 FEET; RUNNING THENCE SOUTH 89°41' WEST ALONG THE NORTH LINE OF WEST 32ND AVENUE 321.93 FEET; THENCE NORTH 02°27'36" EAST 65.61 FEET; THENCE NORTH 08°46'16" EAST 34.89 FEET; THENCE NORTH 09°26'03" EAST 40.25 FEET; THENCE NORTH 04°14'36" EAST 41.92 FEET; THENCE NORTH 72°29'24" WEST 20.94 FEET; THENCE NORTH 23°08' EAST 4.02 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF A PARCEL CONVEYED TO JAMES F. DIGBY AND CAROL A. DIGBY, BY INSTRUMENT RECORDED FEBRUARY 15, 1974 IN BOOK 2593 AT PAGE 122 OF THE JEFFERSON COUNTY RECORDS AT RECEPTION NO. 621300; THENCE ALONG THE DIGBY EAST LINE NORTH 23° 08' EAST 11.66 FEET; THENCE SOUTH 72°45'30" EAST 16.09 FEET; THENCE NORTH 22°31' EAST 36.59 FEET; THENCE NORTH 32°03'30" EAST 51.66 FEET TO THE NORTHWEST CORNER OF THE SUBJECT PROPERTY; THENCE SOUTH 85°50'15" EAST 70.55 FEET; THENCE SOUTH 47°55'15" EAST 40.70 FEET; THENCE SOUTH 35°55'15" EAST 36.20 FEET; THENCE SOUTH 76°35'15" EAST 63.00 FEET; THENCE SOUTH 52°25'35" EAST 105.20 FEET, MORE OR LESS, TO THE WEST LINE OF KIPLING STREET; THENCE SOUTH 00° 08' WEST ALONG THE WEST LINE OF KIPLING STREET 132.77 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. AND EXCEPT THAT PART CONTAINED IN DEEDS RECORDED SEPTEMBER 15,1975 IN BOOK 2768 AT PAGES 956 AND 958 AND DEED RECORDED FEBRUARY 15, 1974 IN BOOK 2593 AT PAGE 122, COUNTY OF JEFFERSON, STATE OF COLORADO. LETTER OF AUTHORIZATION FROM PROPERTY OWNER I Brad Weiman of Hilltop Estates LLC, hereby authorize Kelsey Kistler, representative for Work Shop Colorado, to make application for a variance for 3227 Hillside Drive, Wheat Ridge, Colorado. Property Owner's Signature 9/15/21 Date Property Owner Contact Information: Name: Brad Weiman Company: Hilltop Estates LLC Phone: 303-949-5945 Email: brad(aworkshop-colorado.com Work Shop Colorado 4373 Jason Street Denver, CO 80211 September. 17th, 21 WR S iiOP COLORADO 3227 Hillside Dr. (Lot #5) 1 Variance Criteria Response The conditions of the site pose a great hardship for designing a home on this lot. The provided drainage easement + rear setback (38'), required front setback (301 and prohibitive nature of a flag lot combine to create a situation in which it is unfeasible to blend in with the scale of the immediate area. This not only affects the aforementioned scale but also the ability to achieve the typical program of comparable homes in the neighborhood. (Criteria #5) Considering these lot restrictions, the only possible design solution for a home on this site would have many negative impacts on the adjacent neighbors. These impacts include but are not limited to: 1. Increased verticality and scale within an area that lacks both. This would alter the essential character of locality (Criteria #2) 2. Increased height impairs views, impedes privacy, and restricts sunlight from the south to adjacent lots to the north. (Criteria #6) Not only_does the given building envelope have a negative impact on the surrounding neighbors but it also restricts the buildable area on the lot itself. A< mentioned previously the setbacks combined with the substantial change in grade (21') limit the max building area to 2,400 sf. In comparison, most lots in the general vicinity have a buildable area of-6,500sf. This places the owners at an obvious disadvantage regarding physical surroundings, shape, and topographic conditions. (Criteria #1, #3, and #4) In order to proceed with a desirable project and development for this particular lot, it is our hope that the zoning administrator will take the various criterion into consideration to reach a decision that favorably affects the various stakeholders and city of Wheat Ridge in this ambitious neighborhood development. Criteria #7. This criteria does not apply to our project being that unusual conditions are unique to this property and not the neighborhood as a whole. Criteria #8. Criteria #8 does not apply to single-family homes. Criteria #9. Criteria #9 does not apply to single-family homes. IMPROVEMENT LOCATION CERTIFICATE 3.81' N6T39'220E MMAG 8, OVERLOOK ESTATES h / or / / EPSP a��°T' D 15 30 / R 1 INCH - 30 FEET 41 DATE: 9-9-21 / STORM I ® / OVERLOOK ESTATES ./�?./ LET LOT 6 A i 1 Thi I I i ti`II/fie LOT i V / / / o�P ' 15,547 S.F. SBOW21NW 67.37' Qj xY i 0.3569 ACRES 3227 HILLSIDE DR. IL__—� 10 UTILITY &DRAINAGE EASEMENT /. _ J —E �4/ VACANT LOT, SUBDIVISION UNDER CONSTRUCTION AT THIS TIME Z___________ UT uTluTv & oRAINACE EASEMENT - ---------------- S8970'21'W 200.58'------ / LOT 4 NOTE: THIS DOCUMENT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT, THE RECORDED INFORMATION, WHICH IS REFERENCED HEREON, IS THE RESULT OF RESEARCH PERFORMED BY SURVEY303, LLC. AND IS NOT NECESSARILY COMPLETE IMPROVEMENT LOCATION CERTIFICATE -- -- -- /R=l N10.29' 6--=n---------,2.50' 0349'3 3'vv J C LEN=10.28' BRG=N18'01'32'E I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR HILLTOP ESTATES, LLC THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, SEPTEMBER 9, 2021 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THIS PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. SURVEY303 LLCIMPROVEMENT LOCATION CERTIFICATE 5368 LYNN DR. ARVADA, CO. 80002 LOT 5, HILLTOP ESTATES 303-514-3668 survey303@col.com 3227 HILLSIDE DR. WHEAT RIDGE, CO. 80033 DESCRIPTION LOT 5, HILLTOP ESTATES COUNTY OF JEFFERSON STATE OF COLORADO �������� 111111111;r 9/2I STAMP By CHRISTOPHER McELVAIN SEAL Date 9-9-21 LEGEND LEGAL DESCRIPTION:. PROJECT AREA/ZONING LAND USE INFORMATION: ZONING COVERAGE INFORMATION: HULK PLANE STUDY ZONELOTLINE — — — DIRECTION OF WATER WATERLINE CW— APORTIONOFTHENW BUILDING FORM ON ZONE LOT ZONE DISTRICT: R-1 (CA Dl M IA41114= h DRAINAGE 1/40FSECTION28, TOTAL NEW PRIMARY STRUCTURE 4.560.59 SF ONE -FAMILY DWELLING O ZONE LOT SETBACK GAS LINE —G— TOWNSHIP 35011TH, N ` HANGE69WEST6TH HABITABLE STORY SF) ZONING LAND USE GROSS ZONE LOT AREA: 15,547.125E +3,510.25'+5,514.52'x,515.83' 65135%ZONELOT _ _ _ _ _ 5.510.81'1/4.5,512.89' DEPTH LINE COVERED AREA SEWER LINE —SS— P.M. CI7YOF WH EAT BASEMENT: ONE -FAMILY DWELLING 1785.11 SF ^ NOTINCLUDED IN RIDGE, COUNTY OF FIRST FLOOR: ONE -FAMILY DWELLING 2T]S.T]SF BUILDING FOOTPRINT= 2775.775E ft+J u SPOT ELEVATIONS @ A COVERAGE CALC JEFFERSON. STATE OF ��V��VIIII OFIGINALGRADE Y COLORADO W 6'PRIVACY FENCE COVERAGE AREA ® NEW ATTACHED GARAGE C FIRST FLOOR 2VEHICLE PAIRING SPOTS 705.25 SF TOTAL BUILDING COVERAGE=2,TIS.T/SF TOTAL BUILDING COVERAGE -18% O TOPOGRAPHY LINES ------ 2,775.77 SF 115,547.12 SP =,178 3 O 2 VEHICLE PARKING SPOTS PROVIDED a w O 0 Fo U ZU >�> Y p, e O n 0 �/• Zx u r/ OAU 2v f /Pao Baa +tame /x, J` WN C7 C4 �\ Lu Q LOT i p Lu d' 2 0 � i 1 Irl '�• I ,�/�Qi° /f 1 s;sgsn0 � �a �srRD I / Po�,P Dzu 3s .4a / �aaaa y I� EJ SITE PLAN N 1 11x17 SCALE: 1" =20' ® I SS— /// -- t 11x17 SCALE: 1" =10'-0• J/ — -. I G•— . "CW ,.Cw �9 0 ^' •, 24x36 SCALE: 1" = 5'-0' +�- N .,DQE' I ss� SITE PLAN m GENERAL NOTES: / o "$ +� .. - .'x C) 1. SLOPE GRADE AT FOUNDATION 6• MIN. NO DRAINAGE SHALL FLOW _ _ — / — _ — _ — R. r- • _ — -$ oohs s _ — _ — // / ONTO ADJACENT PROPERTIES — / - i • ` - 5..4 LEGEND ZONE LOT SETBACK HULxPLANE/HANMIBAHEPLANE S C O O O c00 U a0 ssTencx �a DO �dco \r 1 ZONING WEST ELEVATION °WN 11x17 SCALE: 1/16"= 1'-0" W U J Q Q = O C4 O M u .I 1 m A a ZONING EAST ELEVATION 4 ` i 11x17 SCALE: 1/16"= 1-0" ZONING ELEVATION$ A.5 LEGEND ZONE IAN SETBACK H[H.%PLANE/HAHEPLANE — — — — — 0 — — — � f�e W 3 0 �� 0 •�� V��d'sT'�N5 � rxoer sersACK - I x a r 0 y �� �o — o� I N LL W ZONING SOUTH ELEVATION .- 11x17 SCALE: 1/16"= 1'-0" Q 0 J~ Q = LU d h = Q ssv NCO --- --------- -----i---- I e I + I _ � 0 ZONING NORTH ELEVATION L• ZONING 11x17 SCALE: 1/16" = 1' D" EAiIJ L NS A.6