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HomeMy WebLinkAboutWA-19-07. r City of34-W heatililge- COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 2gth Ave.Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 December 6, 2019 Carlos & Patty Reed 10725 W 36th Ave Wheat Ridge, CO 80033 Re: Case No. WA-19-07 Dear Mr. & Mrs. Reed: Please be advised that your request for a 6.4-foot (25.6%) variance from the 25-foot front yard setback requirement for properties in the Residential-Two (R-2) zone district for the property located at 10725 West 36th Avenue has been approved. Enclosed is a copy of the Approval of Variance. Please note that all variance requests automatically expire within 180 days (June 5,2020) of the date it was granted unless a building permit for the variance has been obtained within such period of time. Please feel free to be in touch with any further questions. Sincerely, 3-2-294 ¢/a- Tammy Odean Administrative Assistant Enclosure: Approval of Variance Case Report Ce: WA-19-07 (case file) WA1907.doc www.ci.wheatridge.co.us L 7500 West 29th Avenue Wheat Ridge, Colorado 80033 303.235.2846 Fax: 303.235.2857 - - WIDat Ridge Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 10725 W. 36th Avenue referenced as Case No. WA-19-07 / Reed Garage; and WHEREAS, City staff found basis for approval o f 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 6.4 foot (25.6%) variance from the 25-foot front yard setback requirement for properties in the Residential-Two (R-2) zone district (Case No. WA-19-07 / Reed Garage) is granted for the property located at 10725 W. 36th Avenue, based on the following findings of fact: 1. The variance will not alter the essential character of the neighborhood. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The request would not be detrimental to public wel fare. 4. There appear to be circumstances and conditions present in the neighborhood, not unique to this property, necessitating this variance request. 5. No objections were received regarding the variance request during the public notification period. With the following conditions: 1. The design and site plan of the proposed house shall be consistent with the representation depicted in the application materials, subject to staff review and approval through review of a building permit. A ItenneliDShnston, AICP -2- /DAte Community Devdjopment Director 1 1 City ofrf- 7-heatR€lge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO:Community Development Director DATE:December 3,2019 CASE MANAGER:Scott Cutler CASE NO. & NAME:WA-19-07 / Reed Garage ACTION REQUESTED:Approval ofa 6.4 foot (25.6%) variance from the 25-foot front yard setback requirement for an addition to be constructed on property located at 10725 W. 36th Avenue and zoned Residential-Two (R-2). LOCATION OF REQUEST: 10725 W. 36th Avenue APPLICANT/OWNER:Lynn Carlos Reed (owner) Nathan Miles (contractor) APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: 12,246 square feet (0.281 Acres) Residential-Two (R-2) Single Family Residential ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Site t A 1 · g- '36™AVE t ? 4 L A JURISDICTION: 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 variance from the 25-foot front setback requirement for properties in the Residential-Two (R-2) zone district. The purpose of this variance is to build an addition on the front o f the home to replace the original garage, resulting in a 6.4-foot encroachment into the front setback, a 25.6% variance. Section 26-115.C (Variances and Waivers) ofthe Wheat Ridge Code of Laws empowers the Community Development Director 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 variance is being requested so the property owner may construct an 800 square foot garage addition onto an existing home. The property is zoned R-2, which requires a 25-foot front setback, measured from the front property line which is the City's right-of-way line. The property is located on W. 36111 Avenue between Nelson Street and Owens Street (Exhibit j, Aeriat. The area is residential in character, and the property is surrounded by the R-2 zone district to the south, east, and west, and Lena Gulch to the north (Exhibit 2, Zoning Map). The subject property was platted in 1954 as part of the Rolling Hills Subdivision and contains a single-family home built in 1955. A small portion of the rear yard is in the Lena Gulch floodway but the request is not near that location. The site plan (Exhibit 3)shows the location of the proposed garage on the property and the resulting setbacks. The house is skewed slightly so the variance request is measured from the maximum setback encroachment. The floor plan (Exhibit 4)shows the existing versus proposed conditions. The Building Division issued a demolition permit for the property in October 2019 for the garage shown on the "existing" plans. The position of the existing bathroom and crawlspace access (not demolished) inhibits the ability to do a side-by-side two-car garage in the location of the original garage, effectively requiring the garage to be bisected by the bathroom and access point. The proposed floor plan allows the existing access to the crawlspace to be maintained. The elevations (ExATET?3)also demonstrate that the proposed addition will match the existing architecture of the house, and its one-story construction matches the surrounding homes, which are all one-story as shown in Ex4(bit #Site Otos. The property line (right-of-way) is located approximately 14-15 feet away from the edge of pavement on W. 36th Avenue, as shown in Exhibit 7, Right-of:Way. This would result in a perceived setback of approximately 33.6 feet, despite being setback 18.6 feet from the property line. Property lines are typically 2-5 feet behind the edge of pavement or back of sidewalk, but infrequently are set back much father from the property line, as is true in this case. In the unlikely event the City would improve W. 36th Avenue, the 18.6 foot setback would still result in a driveway length that meets code requirements. Courtesy Review 1 Case No. WA-19-07 / Reed Garage Development Standards The proposed addition will comply with all other R-2 development standards including other minimum setbacks. R-2 Development Standards:Required Lot Coverage 40% (max) Front Setback 25 feet Side Setback 10 feet (on one side), 5 feet (on other side) *The garage addition results in a net increase of approximately 619 square feet Actual / Proposed 18.7% / 23.7%* 18.6 feet 10.7 feet, -2.3 feet (existing) Public Comment During the 10-day public notification period, staff did not receive any inquiries regarding the request. No written objections were received regarding the variance request. III.VARIANCE CRITERIA In order to approve an administrative 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. The applicant has provided their analysis of the application's compliance with the variance criteria (Exhibit g Written RequesO. Staffprovides the following review and analysis of the vanance criteria. 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. A smaller addition could be constructed that is compliant with the setbacks, although it may not accommodate a full-size two-car garage without also necessitating a variance request. The property would continue to function as a single-family residence, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. A variance would not alter the character of the locality. At least one other property in the area (3605 Nelson Street) has a garage in the front setback approved through the variance process. While the setback requested by the applicant would be smaller than surrounding properties, the impact of the addition will be limited because of two factors: 1) the garage will be one-story, which matches the surrounding homes and the existing home, and 2) the perceived setback will be approximately 33-34 feet from the edge of the street. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. Courtesy Review 3 Case No. WA-19-07 / Reed Garage The applicant is proposing a substantial investment in the property. Building a garage addition that complies with the front setback is potentially possible, but the position of the existing bathroom would impede the usability of that space, effectively making it a one-car garage which was the previous undesired condition. The position of the home on the lot prevents additions on the west side as there is already a nonconforming side setback. It would also be difficult to build a garage in the rear yard due to the slope and position of the home and driveway. 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 topography and floodway located on the property are not a contributing factor in the variance request. The lot is not unusually shaped. The location of the right-of-way line relative to property improvements and the edge ofpavement results in a unique condition but not necessarily a hardship. However, the physical layout of the existing house contributes to the hardship. A two-car garage is a reasonable expectation of a homeowner and the physical constraints of the existing floorplan (including the position of the bathroom) and the relationship of the house to the lot preclude alternative locations. 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 owner did not plat the lot, nor construct the home in its current location or orientation. However, the hardship has been created by the interested party's desire for a garage that does not meet R-2 setback requirements. The applicant already demolished the previous garage and submitted a building permit application before they were aware ofthe setback requirement. 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 ofthe adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. Courtesy Review 4 Case No. WA-19-07 /Reed Garage The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. It is unlikely that the request would impair property values in the neighborhood. Staff finds this criterion has been met. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. At least one other home in the subdivision has been granted a front setback variance to construct a garage. The right-of-way line being far from the actual edge of pavement is also a condition present throughout the neighborhood. Staff finds that this criterion has been met. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Single family homes and their accessory buildings are not required to meet building codes pertaining to the accommodation of persons with disabilities. Staff finds this criterion is not applicable. 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 or their accessory structures. 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 ofa 6.4 foot (25.6%) variance from the 25-foot front yard setback requirement for properties in the Residential-Two (R-2) zone district. Staff has found that there are unique circumstances attributed to this request that would warrant approval o f 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 in the property that may not be possible without the variance. 3. The request would not be detrimental to public wel fare. 4. There appear to be circumstances and conditions present in the neighborhood, not unique to this property necessitating this variance request. Courtesy Review 5 Case No. WA-19-07 / Reed Garage %/. With the following condition: 1. The design and architecture of the proposed house shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a building permit. Courtesy Review 6 Case No. WA-19-07 / Reed Garage EXHIBIT 1: AERIAL rWlieat Ridge Geographic Information Systems j Legend [33 Subjed Property L rr 1.1 i. ' -I Ptl t i' *r 14 4. a 3/ 2 ..0491 ,1 C e lift-1 14 . State PI,ne Coordeate Pro»dion N Colorad.Cort,al Zone & Datrn: NA[)03 t1 35TH RL Courtesy Review 7 Case No. WA-19-07 / Reed Garage EXHIBIT 2: ZONING MAP -* of Geographic Information Systems Legend ¤ Subjed Property ' v Residential-Two (R-2) | Residential-Three (R-3) 1#1 t«f.1 t .4 i 56TH]AVE 111 ia'¢ - il, i|FF. r e r iIf. X Dat,rn: 1 r 35TH FIL .. 0 =.. State Aine Comcitlate Projection Cok,ido Cemal Zor-i Courtesy Review 8 Case No. WA-19-07 / Reed Garage EXHIBIT 3: SITE PLAN SITE PLAN IN SECTION 28, T3S, R69W T3S, R73W, 6th P.M., COUNTY OF JEFFERSON, STATE OF COLORADO 62.90' conc. 10725 W 36th Ave Lot 4, Block 3 1 Rolling Hills Subdivision 11.75' 10.7' - il il li l - orig. garagel t Scale 1"=20 25' front setback T 18.6 ----- ___L__ 32,00' 6,0' A 4 proposed construction I 19.2' driveway 90.00' 1 W 36th Ave (50' R.O.W.) His Consultants, Inc. 11/06/2019 Lakewood, Colorado 720-273-9940 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN SIX YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. Courtesy Review g Case No. WA-19-07 / Reed Garage EXHIBIT 4: FLOOR PLANS Existing Floor Plan Shows a small one-car garage with a bathroom attached to the house on the east side. This is a fairly undersized garage given the position of the doors and walls. k Living Room F====.= 1 /45» Bath =F 4-Front Entry FZQ-1 1 SPACE | k Li,211 (E) CRAIL SPACE 3'-8' 19 1 1 DE!10 EXISTihIG WALLS -n arp) 1 A N Concrete Driveway 20'-3' 1 Courtesy Review 10 Case No. WA- 19-07 / Reed Garage Il'-3' 201-9. Proposed Floor Plan The proposed floor plan retains the bathroom and crawlspace access as shown on the existing plan. It allows for a second garage parking space and additional depth to fit a full-sized vehicle. r,@A \ (E) Cork 2'·6' OPJ. At 48'(E) BAT PU#amot FOR <CME EXI51,r: OD. OPPER 10tUALLS CRALECACE : ACCE 55 Bathroom and crawlspace GARAGE 311-4,1*23 -1. access remain 83'-0' PLT. HT. CONCRETE FLOOR , Bay 2 6'·0' L _trJ - A CLA MLET41' FOR LD. ofe,ER St x - - 432 Llf OF GARAGE DOOR h OPEN POS'TOI C.= i 1 New 2 car i I garage door 1 4 6 29 b 1 0-0,1.0 014 GARAE DOOR 1 9- / -1 Courtesy Review Case No. WA-19-07 / Reed Garage f---1 V EC'Bay 1 24'06 DEMO EXISTNG mALLS (ITpl 7 -3 11 HIERAILSPACE T | 1 | 8,6[LL FOR (N) I iIt- CC•oETE FLOOR 1 11 11 11 11 11 1 11 11 11 11 19=u=-=-11 11 90· 14'*e EXHIBIT 5: ELEVATIONS (E,J ©CF PITOI AID MATCH (E) MAEAL it# 4CA:-Ff MATCH r-- (ENEEnCAL / 551401 MATCW (E) ROCF r-- FITOI AI[) / MATEmAL MATCH(E) * , AT, HT. lili 111111 000[ Ill lilli lili lauum MATCW -ITICAL - 1 1 - 1 r - 1 m i r - I r- I r - I N- 1 AZ. IL- 1 L. 4 -1 L L--/ L--1 L L--- 1 =MATCH 11I1t1 I 11 I 1 :.. -., - ..,i,i N]12]., ,TT,,T T T -r-r , -£K AT 1 111' 1,41 111,1 lilli 1 11 11 1.1 1 , ''''I' ,&7 - SACK *DER 111' SOLDER --ILDE CFB(100 1CalaE TO MATOW (E; BACK FEIGHT LEBBE€----1AT PLANIF PROPOSED FRONT ELEVATION SCALE 14' • 1'-e MATCW (E) ROOF r- PITCH AK / tiATEEAL 11 MATCH (E) FASCIA *D -1 OVERN**3 \ MATCW - (E) VERITICAL MATCH (E) FLT. WT. 47711 1 - DE E-e52% Ee (E)CRAILL | SPACE | The proposed elevations would attempt to match the existing home with the brick wainscoting and vertical siding. The existing house and surrounding homes are one-story, and this garage would also be one-story. Courtesy Review 12 Case No. WA-19-07 / Reed Garage EXHIBIT 6: SITE PHOTOS 4 4 ; t 4 1 View of the property looking north from W. 36th Avenue. The previous garage was demolished as approved by the Building Division. Plans have been submitted for a new garage which resulted in the variance request. Courtesy Review 13 Case No. WA-19-07 / Reed Garage 1 26,9 & 7 i!4- f¥? View ofthe property looking west on 36th Avenue. The neighboring home can be seen on the right of the image. F.,44 ·· 1.•N- F .2 ,+ C" 6*f%74*413'40.-*. ,9¥44*3*:9- * 43...1 I .. 'e@....ejm C.1 I /.,1 ·'-Ill =.,Edzal-5/ - - . 1 // ''ite k... Rf. i.3. 01 . 33&96 4..-i-NT·G·A Y WMVE. 3.A C r 17.0 132, -»ir--3.<233>-tzf e4, g.A A view of the side of the subject property. The existing home is one story. The garage would be set back approximately 10 feet from the property line. Courtesy Review 14 Case No. WA-19-07 / Reed Garage B EXHIBIT 7: RIGHT-OF-WAY 4-1 5=7:r '1 .li ...= 1 4 A% f X T The property line is located approximately 15 feet from the edge of pavement, resulting in a much larger perceived setback than actual setback. Courtesy Review 15 Case No. WA-19-07 / Reed Garage EXHIBIT 8: REQUEST To Whom it May Concern, I Nathan Miles with NM Construction Inc. in regard to, property located at 10725 W. 36th Ave. in Wheat Ridge, CO am requesting a variance in setback for our customers Lynn and Patty Reed. The reason we are requesting said variance is due to the fact that we are only requesting a small portion of the setback and that due to the setback the Reeds have use of less than 20% of their front yard. We have also had plans drawn and engineers' reports, and drawings done at the cost of several thousand dollars. The Reeds are wanting a largergarage that will house both of their vehicles and a motorcycle with a hobby area. My job forthem is to not only be a contractor but to be an advocate to provide as close as possible what they desire. I am trying to get them the most value and be as close to what they desire as possible. The property is on a quiet street that has no views that would be blocked or have any substantial reasons for being set back over 40 feet from the edge of the roadway. In the area in question the 50-foot easement from center of roadway and then the accompanying setback of 25 feet restricts the use of, the majority of the front of the Reed's home. The garage that was in place of the proposed garage didn't hardly fit an average sized car much less a larger vehicle. The homeowner along with myself feel that it is an unnecessary infringement on their property to disallow the use of such a large portion of their front yard. 1 would also like to note that there are other properties in the area that have permanent structures much closer to the center of road than even the easement would allow much less the setback. That being said I am not sure if they are in the same R-2 zoning however it shows that being build closer to the roadway poses no safety risks to the public. Sincerely, Nathan Miles Courtesy Review 16 Case No. WA-19-07 / Reed Garage 'r City of30 WheatRidge -- COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'h Ave.Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 LETTER NOTICE November 20,2019 Dear Property Owner: This is to inform you of Case No. WA-19-07, a request for approval of a 6.4-foot (25.6%) variance from the 25-foot front yard setback requirement, resulting in an 18.6-foot front yard setback in the Residential-Two (R-2) zone district located at 10725 West 36th 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.C ofthe 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 ofthe 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 December 2, 2019. Thank you. WA]907.doc www.ci.wheatridge.co.us Site Plan Property is outlined in red. 4-·-4/4 M.C. .r. *T·6 . tit r KRANGLE MASON J KRANGLE NELA 10695 W 36TH AVE WHEAT RIDGE CO 80033 REINHARDT ROBERT E JR REINHARDT CAROLYN SUE 10680 W 36TH AVE WHEAT RIDGE CO 80033 RIEGER ERIC T RIEGER DONOVAN RIEGER PHYLLIS 10700 W 36TH AVE WHEAT RIDGE CO 80033 SAP EQUITY HOLDINGS LLC 06926 W ALASKA DR LAKEWOOD CO 80226 VAN NATTAN MARK R HOWIE DIANNE E 10745 W 36TH AVE WHEAT RIDGE CO 80033 '64'Rev. 5/2014 £ 11 <11:( \V heal 1 1*_lue- COMMUNHY DEVELOPMEN 1 L Submittal Checklist: Variance Project Name:(-MAA + Pocd- w R ce 01 Project Location: /0 72 5 8'L) 3 6 FA /z e,e u.) Le-ect- 8:,4, Co 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: 04. Completed, notarized land use application form (/2. Application fee ,3. Signed submittal checklist (this document) . Proof of ownership-e.g. deed Written authorization from property owner(s) if an agent acts on behalf of the owner(s) 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 LOf Survey or Improvement Location Certificate (ILC) of the propertyC//To-scale site plan indicating existing and proposed building footprints and setbacks e 9. Proposed building elevations indicating proposed heights, materials, and color scheme As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I 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 (29 full review, I will be subject to the applicable resubmittal fee. Signature:,--Uy-Date:\C /30/lt Name lp\ease pr\MY. F &440 Al·C e 3 Phone: 303 -10 (49 AR Community Development Department · (303) 235-2846 - www.ci.wheatridge.co.us NOTE: 1.and iihe application mit.1 be *64,subinitted BY APPOINTMENT with a - . (.RA, 01 planner. Incomplete application>. will not V W heat lilige be accepted-refer to rubmittal checkligN. LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29"1 Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all init)·mation) Applicant /4 L M.l€$Phone3O3 -90/-4 9 12 Enlail An, /,0, 5 rhtz- 0 0,31 . co/31 Address, City. State. Zip 937/ 5 A,bu.+w, w «,7 M.„1.4on:(-0 460 4 G.5- Owner Ca,/al %?Ably B ltd phone3O3.5/ 9-/554; Email L,ed Q It k . u 41 AddreNs. City·State.Zip /0 725 GO 74 +A Aw € WA€60# R.-OL, 0 60 0013 .1 I Copgact 0 «kn,t M,1 4 Phone 36 3 90/ 9'72,1Email A M 4.0 A51 ; Ac.(P' *el . of)*T Address. City. State. Zip 4/ 3 7/ 5 /:f, 6 n,·lf,a en* M. a „ & 1 An : (.0 %0 4 (. S (The person listed as contact will be contacted to answer questions regarding this Application. provide additional int-ormation when neceshary, post pub lie hearing signs. will receive a copy of the Mlaft re port prior to Public Hearing. and shall be re hponsible 1 0,· 1 c,rwarding all verbal and written communication to applicant and owner.) Location of request<addre#*. /O 72-5 U 36,4- An. 1/Oked,t R.'ke , CO %0033 Type of action requested (check one or more of the actions listed below which pertain to your request) O Change of Zone or Zone Conditions O Planned Development (ODP. SDP) O Planned Building Group O Temporary Use, Building. Sign gl Variance/Waiver (from Section 26-//5 O Special Use Permit O Conditional Use Permit O Site Plan O Concept Plan ) O Right of Way Vacation 7 Subdivision -specify type: O Administrative Cup to 3 lots) O Minor (4 or 5 lots) 7 Major (6 or more lots) O Other: Detailed description ofrequest: 00 e LL, e / e i c,-«fr,-1 n U a.94 6 41 c e Co n 6 eALa.ok ¢ n -l/ow 1,/ *ke dc-,a,ae. 1-0 6 e '0 a.,(t- 0-5 p In.01,12.J. Wt cz.,6 U f e tkfil ; A es o. 6 ta of V a.,re * Ge. C., l ] 6 u.) r *493 k. f t O Wo ik ; ,1 5:lai ¥- 4 4 el- jocck. 1 certify that the information and exhibits herewilli stil,111itted are true und cm-rect to the be.st of my knowledge and that iii filing this applicmion. 1 am acting t'ith the knowledge and consent of those per.solis listed abore, without whose consem the requested aclion cannot law.billy be acconwlished. Applicants other than owners mtist .submit power-«Fattorney from the owner which approved of this action on his belicil j. ALEXA M. DEGROATC_/lNotarized Signature of Applicant ' 6'0' 1_2-----NOTARY PUBLIC STATE OF COLORADO State of Colorado NOTARY ID 20194003861 County of J Pffer.5 01 }MY COMMISSION EXPIRES 01/28/292?---1 The foregoing instrument (Land Use Processing Application) was acknowledged by ine this /94 dayof tfa VOet>#r .20/9 by 111€,kk 026,044- 6LCE,1¢A *f»gr-MycommiNsion expires 1 /28 /2022 Notary Public To be filled out by staff: Date received /1 -14-11 Comp Plan Design. Related Case No. Assexxor' s Parcel No. 39-291 -01 :013 Size(acresorsqft) /2,244 4 54 Fee $ f' Case No.60 A - C 9 -07 Receipt No.c BOOJ 20 79 Quarter Section Map AJO 1.9 Pre-App Mig. Date Case Manager C...tler Current Zonine 9-2 Cuiiciit the. L Proposed Zoning Proposed Use Re v 1,22/ 2016 BEING THE SAME PROPERTY AS CONVEYED TO LYNN CARLOS REED AND PATTY JO SCHMIDT, AS JOINT TENANTS BY WARRANTY DEED FROM VIRGINIA KAUFMAN AND JAMES IRVINE, RECORDED FEBRUARY 11, 2010 AS DOCUMENT NUMBER 2010012893 IN JEFFERSON COUNTY, COLORADO. thProperty Address: 10725 West 36 Avenue, Wheat Ridge, Colorado 80033 The legal description was obtained from a previously recorded instrument. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise there unto appertaining and all the estate, right title, interest and claim whatsoever, of the grantor. either in law or equity, to the only proper use. benefit and behoof of the grantees. their heirs and assigns forever. 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, Grantors have executed this Deed on the date set forth above. Signed, sealed and delivered in our presence: [ .0 f 12*17 in tdtn , 14) Sdhmal - Bie EfNN CARL - ..---PATTY,'HMIDT-REED formerly*nown as Patty Jo Schmidt Lilm STATE OF COLUHADO } COUNTY OF #244€6 e,1 3 The foregoing instrument was hereby acknowledged before me this 42€U- day of , 2013, by LYNN CARLOS REED and PATTY JO SCHMIDT- REED, formerly known as Patty Jo Schmidt. Al LM KATHRYN STRAEK--1 Alt1 NOTARY PUBUC Y / Notary Publc My commission expires: {No title examination requested or performed - the preparer hereof makes no representation as to the state of title to the above-described property} The preparer has not had any contact with the Grantor(s) nor Grantee(s) herein and no legal advice was given to any party by the preparer of this document. Information contained in this instrument was provided to preparer by all agent for said Grantee Preparer is not responsible for scheduling the execution o f this document; the validity of any power of attorney. i f one is being used; nor the recording o f this instrument. Preparer has no control over typed or hand written additions made to this instrument. Prepared: P. DeSantis, Esq, 235 W. Brandon Blvd, #191, Brandon, FL 33511 1-866-755-6300 Page 2 of 2 l ,43] Variable; Starting interest rate _%,f--3-] Fixed; Interest rate 5.125 % Length of time 30 years Balloon Payment U Yes [X] No If yes, amount Due Date 13. Please explain any special terms, seller concessions, or fi*ncing and any otr -0-,cia££r *Evauki help the assessor understand the terms of sale.43 [«3-25-ek /- llc:,u_jabbe un For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, ajihondominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? Fl Yes U No If yes, franchise or license fee value? 15. Did the purchase price involve an installment land contract? [J Yes No If yes, date of contract: 16. If this was a vacant land sale, was an on-site inspection of tile property conducted by tile buyer prior to the closing? L Yes No Remarks: Please include any additional information concerning the sale you may feel is important. 17, Signed on this day of February 05, 2010 Have at least one of the par ion sign the document, and include an address and a daytime phone number. Signanur of Grantee (E Grantor (Seller) L.j »hol U:0•<ARL66 RPM- - ties to thz..U:@Asact 2_Ill { 4 di-h rocce( PATTY JO SCHMIDT j 18. All flmre correspondence (tax bills. property valuations, etc.) regarding this property should be mailed to: LYNN CARLOS REED AND PATTY JO SCHMIDT 10725 WEST 36TH AVENUE WHEAT RIDGE, CO 80033 Pt**le: Form 13199 0642000 rpt.odt K70263507 {9179009}pg 2 of 2 erms: -V .VW 1-WWV W-' 1 "-W 'W V-r•W•-rv 1 .V. PGS 2 $0.00 DF $0 Electronically Recorded Jefferson County CO Pam Anderson, Clerk and Recorder T01000 REAL PROPERTY TRA-NSFER DECLARATION - (TD-1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniformassessments for all property for pluperty tax purposes. Refer to 39-14-102(41 Colorado Revised Statutes (C.R.SO. Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Reill Property Transfer Declaration does not accompany the deed, the clerk and recordernotifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. I f the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the pperty is sold. Refer to 39-14-102{1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer.However, it is only available to the seller if the seller filed the declaration. Information derived from tile Real Property TransferDeclaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5- 121.5, C,R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers 10725 WEST 36TH AVENUE WHE.AT RIDGE CO 80033 2. Type of Property purchased: [®] Singk Family Residential [3 Townhome - Condorninium 133 Multi-Unit Res1-1 Commercial Industrial L] Agricuitural Ed Mixed Use L_I Vacant Land /other 3. Date of Closing:February 05, 2010 Date of Contract if different than date of dosing:January 08, 2010 4. Total sale price: Including all real and personal property. $261,000.00 (k.)Was any personal property induded in the transaction? Personal property would include, but not limited to, carpeting, draperies, free-standing appliances, equipment, inventory, furniture, If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S.*1 Yes m No If yes, approximate values /QD ' *0 Desctibe: fk¢,6 - 9,6>,AL Upsl4 - 0090<, 6. Did the total sales price include a trade or exchange of additional real or personal property? If yes. give Ille approximate value of the gegds or services as of the date of closing.L_1 Yes [*]No If yes, value $ ,---.------lf yes, does this transaction involve a trade under IRS Code Section 1031? E-1 Yes LEI No 7. Was 100% interest in the real properly purchased? Mark "no" if orily a partial interest is being purchased. [*] Yes [3 No If no, interest purchased: % 8. Is this a transaction among related parties? Indlcate whether the buyer or seller are related. Related parties include persons within the same famiJA business affiliates, or affiliated corporations.J Yes [3.1 No Gi>theck any of the following thaUPply to the condition of the improvements at the time of purchase:-1 New [-3 Excellent Good [ Average U Fair | | Poor [23 Salvage If the property is financed, please complete the following: 10. Total amount financed: $256,272.00 11. Type of financing: (Check all that apply) 1*] New U Assumed If-J Seller i Thilrl Party 3 Combination; Explain Form 13199 06/2008 rpt.odt K702G3507 {9179009}pg 1 of 2 ,!A EXHIBIT "A" Ptoperty Address: 10725 WEST 36TH AVENUE WHEAT RIDGE CO 80033 RESTRICTIVE COVENANTS WHICH DO NOT CONIAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IFANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL. ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION lS PERMITrED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 08, 1954, IN BOOK 886 AT PAGE 223. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN CONSTRUCTION EASEMENT RECORDED November 05, 1984 UNDER RECEPTION NO. 84103605. Form 13100 08/2008 b2exhibit.escrow.odt K70263507 {9179012} &4- Warranty Deed (Purstiant to 38-30-113 C.R.S.) State Documentary Fee Date: February 05, 2010 $ 26.10 THIS DEED, made on February 05, 2010 by VIRGINIA KAUFMAN AND JAMES IRVINE Grantor(S), of the County of JEFFERSON and State of COLORADO for the consideration of ($261,000.00) *** Two Hundred Sixty One Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to LYNN CARLOS REED AND PATTY JO SCHMIDT Grantee(s), as Joint Tenants whose street address is 10725 WEST 36TH AVENUE WHEAT RIDGE, CO 80033, County of JEFFERSON, and State of COLORADO, the following real property in the County of Jefferson, and State of COIOI·ado, to wit: LOT 4, BLOCK 3, EXCEPT THAT PORTION OF SAID LOT WHICH LIES NORTH OF THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED MARCH 6, 1947, IN BOOK 559 AT PAGE 574, ROLLING HILLS SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: 10725 WEST 36TH AVENUE WHEA'r Rll)GE CO 80033 with all its appurtenances and warrants the title to the same, subject to EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2010 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. A VIRGINIA MAUF 4..,em*». 3, CUL, Ae« 7 *LL 1 L'ATHLEEN P H.AMERSTADTJAMES IRVINE BY HUGH MACDONALD AS ATIORNEY IN-NOTARY PUBLIC STATE OF COLORADO ; tv FACT />C'Oe'-C'O-C-·C'7C-0•t-Cl State of COLORADO ) My Commission Expires 02/05/2012 ) SS. County of ARAPAHOE The foregoing instrument was acknowledged before me on this day of February 05, 2010 by VIRGINIA KAUpMAN AND Ht ON*,D AS ATI'ORNEY IN F*Or FOR JAMES IRVINEJGH NK©p Mv commissi, zzl_/0 .dst M. plled , 08 Vxpitts When Recorde#keturn to:LYNN CARLOS REED AND PA'ITY JO SCHMIDT 10725 WEST 36'rll AVENUE WHEAT RIDGE, CO 80033 Land Title Form 13082 09/2008 wd.open.odt Warranty Deed Open (Joint Tenant)K70263507 {9179011}COAKANILE COMP.'d•' 9.-,1. W . V V . a-VWV W . "-W .V V-.VVI--V 1 ..1 PGS 2 $11.00 DF $26.10 Electronically Recorded Jefferson County CO Pam Anderson, Clerk and Recorder T01000 Y Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: February 05, 2010 $ 26.10 THIS DEED, made on February 05, 2010 by VIRGINIA KAUFMAN AND JAMES IRVINE Grantor(s), of the County of JEFFERSON and State of COLORADO for the consideration of ($261,000.00) *** Two Hundred Sixty One Thousand and 00/100 :*** dollars in hand paid, hereby sells and conveys to LYNN CARLOS IZEEl) AND PATI'Y JO SCHMIDT Grantee(s), as Joint Tenants whose street address is 10725 WEST 36TH AVENUE WHEAT RIDGE, CO 80033, County of JEFFERSON, and State of COLORADO, the following real property in the County of Jefferson, and State of Colorado, to wit: LOT 4, BLOCK 3, EXCEPT THAT PORTION OF SAID LOT WHICH LIES NOR'rH OF THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED MARCH 6, 1947, IN BOOK 559 AT PAGE 574, ROLLING. HILLS SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: 10725 WEST 36'Ill AVENUE WHEAT RIDGE CO 80033 with all its appurtenances and warrants tile title to the same, subject to EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2010 AND SUBSEQUENT YEARS AND SUBJECr TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATI'ACHED HERETO AND INCORPORATED HEREIN. 1 4 VIRGINIA ]Uiint :72•4 -Ge,4.=4 4260 494,&4,9 624 JAMES IRVINE BY HUGH MACDONALD AS A TI OR NE Y 1 U FA CI State of COLORADO ) ) SS. County of ARAPAHOE ) ' KATHLEEN R HAMERSTADT NOTARY PUBLIC L.-ffA-rE OF COLORADO My Commlssion Expires 0305/2012 The foregoing instrument was acknowledged before me on this day of February 05, 2010 by VIRGINIA KAUFMAN AND )NLD AS Alf RNEY,/14 1-Cl' FOR JAMES IRVINEHUGIt 1(01( When Recorde(FReturn to: LYNN CARLOS REED AND PATTY JO SCI·IMIDT 10725 WES'r 36'rH AVENUE WHEAT RIDGE, CO 80033 land Title Form 13082 09/2008 wd.open.odt Warranty Deed Open (Joim'I'enant) 0 K702G3507 {9179011} Cli/,AMTU CU 4,.V,Y *gl¥'PliC vly commission *pires 44 M 2-6 1 9 LE..TT£,C 6% AUTAJO#, ZA770 /U I £7 6/Al €. RE-EO o WA,el. of /61 15 4 3 64 '4_ Ua M t.tle,u 6, 91« AOThoT-)74-7904 10 d A,hAN Mi|25 6 2 M Nl Covs-re vcr-tow 1-6 Appl 4 B- All VARIA#ce Ad 0 App (Con k.* 5 WEED 14 46 tv ILD 4 E-W ODN 5112.ucTC,rU e€ ip o,#45L- -5/£ MCALU¢/1 5 1 4-£ p LAN . 02130 415111 SKE PLAN IN SECTION 28. T3S. R69W T3S, R73W, 6th P.M., COUNTY OF JEFFERSON, STATE OF COLORADO 31.19' 132.00'conc. 10725 W 36th Ave Lot 4, Block 3 Rolling Hills Subdivision -+ 10.7' - 11.75' ----- orig. garagel --- 25' front setback 32.00'6.0' T- 7 It 1 Scale 1 =20 18.6 proposed construction 19.2' driveway 90.00, 1 11 W 36th Ave (50' R.O. W.) His Consultants, Inc.11/06/2019Lakewood, Colorado 720-273-9940 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN SIX YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.