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HomeMy WebLinkAboutJanuary 22 Agenda PacketAGENDA BOARD OF ADJUSTMENT CITY OF WHEAT RIDGE, COLORADO Thursday, January 22, 2026, 7:00 p.m. This meeting will be held in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. CALL TO ORDER ROLL CALL OF MEMBERS PLEDGE OF ALLEGIANCE PUBLIC FORUM This is the time for any person to speak on any subject not appearing on the Public Hearing agenda. Public comments may be limited to 3 minutes. PUBLIC HEARING* 1. VAR-25-7 – an application filed by Tyler Kakavas for approval of a 480s.f. (80%) variance request for the construction of a 1,080 s.f. garage where 600 s.f. is permitted in the R-3 zone district and located at 11324 West 38th Avenue. 2. VAR-25-8 – an application filed by Mark Walinder for approval of a 12-foot (80%) variance request from the required 15-foot side setback requirement, resulting in a 3-foot side setback for the construction of a 400 s.f. accessory structure in the A-1 zone district and located at 11001 Ridge Road. OLD BUSINESS NEW BUSINESS 1. Approval of Minutes June 27, 2024 2. Upcoming Dates 3. Member Updates *Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation – if applicable c. Public comment – time may be limited at the discretion of the Chair, often to 3 minutes d. Staff/applicant response e. Close public hearing f. Member discussion and decision Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@wheatridge.gov or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CASE NUMBER: VAR-25-07 DATE: January 22, 2026 BOARD OF ADJUSTMENT STAFF REPORT A REQUEST FOR APPROVAL OF A 480-SQUARE FOOT (80%) VARIANCE FROM THE 600-SQUARE FOOT MAXIMUM SIZE FOR A MAJOR ACCESSORY STRUCTURE AT 11324 W 38th AVENUE ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☒ZONING ORDINANCE JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. REQUEST: The applicant is requesting approval of a 480-square foot (80%) variance from the required 600-square foot maximum allowance for major accessory structures to allow for the construction of a 1,080-square foot detached garage in the Residential-Three (R- 3) zone district and located at 11324 W 38th Avenue. Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the Board of Adjustment to hear and decide upon applications for variances from the strict application of the zoning district development standards that are in excess of fifty (50) percent of the standard. The proposed garage exceeds the allowance by 80%; it is ineligible for administrative review causing the case to be referred to the Board of Adjustment. ANALYSIS OF REQUEST: The site is located between Simms Street and Quail Street (Exhibit 1, Aerial) with the existing home taking access from W 38th Avenue. The property is zoned Residential- Three (R-3). Adjacent properties to the south, east, and west are also zoned R-3, and the properties to the North across 38th avenue are zoned R-1 (Exhibit 2, Zoning Map). The lot is irregularly shaped. It is approximately 501 feet deep from the street to the rear property line, but it has only 25 feet of frontage on W 38th Avenue. At the rear of the property and its widest location, the lot is 177 feet in width. This wider portion of the lot currently contains a single unit dwelling and is also where the detached garage is proposed. The lot is 56,148 square feet (1.29 acres) in size (Exhibit 3, Survey). The subject property contains an existing single-unit dwelling built in 2025. The R-3 zone district provides for high-quality, safe, quiet and stable medium to high- density residential neighborhoods, and to prohibit activities of any nature which are Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 2 incompatible with the medium to high-density residential character. Building coverage is limited to 40% of the lot area. Building placement must be outside of the setbacks, which include a 25-foot front setback from W 38th Avenue and due to the flag lot configuration, the 25-foot front setback will also apply along the south property line of parcel B. Five-foot side setbacks apply to all interior property lines on the west and east, and a 10-foot rear setback applies to the south property line. The applicant is requesting the variance in order the construct a 1,080-square-foot accessory structure used as a garage. The proposed garage would be located to the north of the existing single-unit dwelling, on the northeastern portion of the property (Exhibit 4, Site Plan). The garage is proposed to be a one-story structure and will be separated from the house by 24 feet. Architectural elevations have also been provided (Exhibit 5, Floor Plan and Elevations). The garage would be required to meet all other development standards of the R-3 zone district. R-3 GARAGE STANDARDS REQUIRED PROPOSED Lot coverage 25% maximum 5.5 % Maximum Size 600 square feet 1080 square feet Height (mid roof) 15 feet maximum 13 feet seven inches Front setback (north) 25 feet minimum 69 feet Rear setback (south) 10 feet minimum 138 feet Side setback (east) 5 feet minimum 19 feet Side setback (west) 5 feet minimum 113 feet PUBLIC COMMENT: The property was posted for 15 days and letters were sent to property owners and residents within 600 feet notifying them of the application. As of the writing of this staff report, no objections have been received. VARIANCE CRITERIA: Staff have provided an analysis of the variance criteria outlined in Section 26-115.C.5. The applicant also provided a response to the criteria found in Exhibit 7. The Board of Adjustment shall base the recommendation on consideration of the extent to which the following criteria have been met: Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 3 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 owner could construct a 600-square foot major accessory structure, and a 400-square foot minor accessory structure on this property without obtaining a variance. The property would continue to yield a reasonable return in use, as the property would still function as a single-unit dwelling. Staff conclude this criterion has not been met. 2. The variance would not alter the essential character of the locality. While the variance would allow a larger major accessory structure than is typically permitted in the R-3 zone district, the subject property is substantially larger than a typical R-3 lot. The minimum lot size for a single-detached dwelling in the R-3 zone district is 7,500 square feet, whereas this property exceeds 56,000 square feet—over seven times larger than the minimum required size. As a result, the proposed garage is proportionate to the size of the lot and consistent with the surrounding context, and approval of the variance would not alter the essential character of the locality. From an architectural standpoint, the garage is proposed to be compatible with the character of the existing home. (Exhibit 5, Floor Plan and Elevations). Staff conclude 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. While the proposed garage represents a substantial investment in the property, alternative design options are available that would not require a variance, including construction of a 600-square-foot major accessory structure and a 400-square-foot minor accessory structure. Staff conclude this criterion has not been met. 4. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. The property is approximately 1.29 acres, which is substantially larger than other properties within the R-3 zone district for which the maximum accessory structure regulations are intended to apply. The maximum allowable building coverage in the Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 4 zone district is 40 percent, which would permit up to 22,459 square feet of total building area on this lot. The existing residence has a footprint of approximately 2,016 square feet, and the existing minor accessory structure is approximately 290 square feet, leaving approximately 20,415 square feet of remaining allowable building coverage. However, the current zoning regulations limit major accessory structures on this property to 600 square feet and minor accessory structures to 400 square feet, creating a unique hardship given the substantial amount of remaining building coverage available on the lot. Staff conclude this criterion has been met. 5. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship is created by the size of the lot and the restrictions associated with the underlying zone district. While the large lot size allows for more than 22,000 square feet of building coverage, the property remains subject to the same accessory structure limitations as a 7,000-square-foot lot. The applicant is not responsible for the irregular lot size or for the accessory structure restrictions established in the zone district, which predate the applicant’s acquisition of the property. Under the current zoning regulations, the property could be developed with a more intensive residential use, which would allow the property owner to construct one major accessory structure per dwelling unit. Staff conclude this criterion has been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The garage would not impede the sight distance triangle and would not increase the danger of fire. Staff conclude this criterion has been met. Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 5 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. Similar unusual conditions exist within the neighborhood, with several oversized lots in this area between W 38th Avenue and Lena Gulch. In addition, the property located directly south at 11256 W 38th Avenue received a variance on February 3, 2022 (WA-22- 01) to construct a 1,440-square-foot barn. Staff conclude this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Staff conclude this criterion is not applicable to the proposed development. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Staff conclude this criterion is not applicable to the proposed development. STAFF CONCLUSIONS AND RECOMMENDATION: Having found the application in compliance with the majority of the review criteria, staff recommends APPROVAL of a 480 square foot variance (80%) from the required 600 square foot maximum size for major accessory structures in the Residential-Three (R- 3) zone district to allow for a 1,080 square foot major accessory structure. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends approval for the following reasons: 1. The variance would not alter the essential character of the neighborhood. 2. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. 3. The particular physical surroundings, shape or topographical condition of the specific property involved results in a particular and unique hardship, notably the site is used as an agricultural-type property, even though the zoning is R-3. 4. These unique physical hardships have not been created by anyone having an interest in the property. 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 are present in the neighborhood and are not unique to the property. Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 6 With the following conditions: 1. The location of the major accessory structure shall be consistent with representations depicted in the application materials subject to staff review and approval through review of a building permit. 2. A permit application for the structure shall submitted to the Building Division within 180 days of variance approval. REPORT PREPARED/REVIEWED BY: Chris Masar, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director EXHIBITS: 1. Location map as aerial photograph of site 2. Zoning map 3. Survey 4. Site Plan 5. Floor Plan and Elevations 6. Written Request 7. Applicant’s Response to Variance Criteria Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 7 EXHIBIT 1: AERIAL Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 8 EXHIBIT 2: ZONING MAP Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 9 EXHIBIT 3: SURVEY See Attached Pole Location Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 10 EXHIBIT 4: SITE PLAN See Attached YM 25-031 YOSUKE MICHISHITA, AIA yosuke@michi-arch.com 785.341.1619 KAKAVAS RESIDENCE DETACHED GARAGE SHEET A-100 PLANS & DETAILS DRAWN BY: PROJECT #: DATE ISSUED:11.03.25 SEAL & SIGNATURE 11324 W 38TH AVE, WHEAT RIDGE, CO 80033 ARCHITECTURE MICHI 84 ' 2 4 ' 30 ' 24' 40' 45' 19' 25 ' (E) CONC. PATIO (E) CONC. SIDEWALK (E) CRUSHED ASPHALT DRIVEWAY 5' SIDE SETBACK 5' SIDE SETBACK 10' REAR SETBACK 25' FRONT SETBACK ALIGN FACES OF BUILDINGS (N) FENCE 11324 W 38TH AVE PARCEL B PARCEL BPARCEL B (E ) P R I M A R Y RE S I D E N C E PROPOSED GARAGE 1/8" : 12" W1 D3 W2 D1 D2 220V 220V +CLG +CLG 3 A-200 5 A-200 4 A-200 1 A-200 6 A-200 2 A-200 45'-0" 24 ' - 7 1 / 4 " 6' - 1 1 / 4 " 1 2 ' - 0 " 6 ' - 4 3 / 4 " 21'-0" 4'-6" 19'-7 1/4" 45'-0" 24 ' - 6 " GARAGE A AA A 1,040 SF (UNHEATED) 1 1 2 2 A A B B DOOR SCHEDULE ID D1 D2 D3 ROOM NAME GARAGE GARAGE GARAGE DOOR LEAF NOMINAL WIDTH 10'-0" 10'-0" 3'-0" NOMINAL HEIGHT 8'-0" 8'-0" 8'-0" REMARKS AUTOMATIC OVERHEAD DOOR. AUTOMATIC OVERHEAD DOOR. EXTERIOR DOOR ASSEMBLY WINDOW SCHEDULE ID W1 W2 ROOM NAME GARAGE GARAGE WINDOW SIZE NOMINAL WIDTH 3'-0" 3'-0" NOMINAL HEIGHT 6'-6" 6'-6" REMARKS SLIDING WINDOW. SILL HEIGHT: 2'-0". SLIDING WINDOW. SILL HEIGHT: 2'-0". LED LINEAR LIGHTING FIXTURE, MOUNTED ON TRUSS DUPLEX RECEPTACLE QUADRUPLEX RECEPTACLE LIGHT SWITCH ELECTRICAL SYMBOLS 3 A-200 5 A-200 4 A-200 1 A-200 6 A-200 2 A-200 45'-0" 25 ' - 0 " PRE-ENGINEERED TRUSSES @ 24" O.C. PRE-ENGINEERED TRUSSES @ 24" O.C. 8:12 8:12 1 1 2 2 A A B B 1/2"3 1/2" 2x4 WOOD STUDS @ 16" O.C. 7/16" APA-RATED PLYWOOD EXTERIOR SHEATHING WEATHER RESISTIVE BARRIER LP SIDING A (EXTERIOR WALL) WALL TYPES ASPHALT SHINGLES & UNDERLAYMENT ON STRUCTURAL ROOF SHEATHING PRE-ENGINEERED ROOF TRUSSS @ 24" O.C. W/ HURRICANE TIES WALL ASSEMBLY; RE: PLAN & WALL TYPE PRE-FINISHED METAL GUTTER 8 12 N N N SCALE: 1" = 40' 2 ARCHITECTURAL SITE PLAN A-100 SCALE: 1/4" = 1'-0" 3 FLOOR PLAN A-100 SCALE: 1/4" = 1'-0" 4 ROOF FRAMING PLAN A-100 SCALE: 1" = 1'-0" 1 TYP. EAVE DETAIL A-100 VICINITY MAP PROJECT DIRECTORY OWNER: TYLER KAKAVAS 11324 W 38TH AVE, WHEAT RIDGE, CO 80033 720.663.0591 tyler@copperconstructionco.com ARCHITECT: YOSUKE MICHISHITA, AIA MICHI ARCHITECTURE 1127 AURARIA PARKWAY, SUITE 101, OFFICE 16A, DENVER, CO 80204 785.341.1619 yosuke@michi-arch.com PROJECT INFORMATION ADDRESS: 11324 W 38TH AVE, WHEAT RIDGE, CO 80033 JURISDICTION: CITY OF WHEAT RIDGE ADOPTED BUILDING CODES: 2018 INTERNATIONAL RESIDENTIAL CODE 2018 INTERNATIONAL ENERGY CONSERVATION CODE 2018 INTERNATIONAL EXISTING BUILDING CODE 2018 INTERNATIONAL FUEL AND GAS CODE 2018 INTERNATIONALMECHANICAL CODE 2018 INTERNATIONAL PLUMBING CODE 2023 NATIONAL ELECTRICAL CODE SUBDIVISION NAME: 096000 BROOKSIDE LOT SIZE: 56,148 SF TOTAL SQUARE FOOTAGE: 3,064 SF (EXISTING PRIMARY RESIDENCE) 1,080 SF (PROPOSED DETACHED GARAGE) GENERAL NOTES 1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF THE APPLICABLE CODES AND REGULATIONS. 2. CONTRACTOR SHALL FIELD VERIFY ALL DIMENSIONS AND CONDITIONS PRIOR TO COMMENCEMENT OF WORK. NOTIFY THE ARCHITECT OF ANY CONFLICTS OR DISCREPANCIES. 3. DO NOT SCALE DRAWINGS. NOTIFY THE ARCHITECT OF ANY MEASUREMENTS NOT GIVEN ACTUAL NUMBERED DIMENSION BEFORE PROCEEDING. LARGE SCALE DETAILS GOVERN OVER SMALL SCALE DETAILS. 4. ALL WALL DIMENSIONS ARE TO FACE OF STUD, U.N.O. ALL DIMENSIONS NOTED AS “MINIMUM” OR “CLEAR” SHALL BE MAINTAINED AND SHALL ALLOW FOR THICKNESS OF ALL FINISHES INCLUDING CARPET, TILE, MILLWORK, ETC. 5. CONTRACTOR SHALL VERIFY ALL REQUIRED ROUGH FRAMING DIMENSIONS FOR DOORS, WINDOWS, MILLWORK, AND OTHER BUILT-IN ITEMS. COORDINATE DIMENSIONS WITH INSTALLATION OF SCHEDULE EQUIPMENT AND APPLIANCES. 6. CONTRACTOR SHALL MINIMIZE LIMITS OF EXCAVATION AND PROTECT VEGETATION BEYOND LIMITS OF EXCAVATION. ALL DISTURBED AREAS SHALL BE RE-VEGETATED TO BLEND WITH EXISTING NON-DISTURBED LANDSCAPE. 7. PROVIDE NEW LUMBER, PLYWOOD, AND OSB WITH GRADE WHICH INDICATES SPECIES, MILL NUMBER, MOISTURE CONTENT WHEN SURFACED, AND GRADE OR STRESS RATING STAMPS FROM THE ASSOCIATIONS HAVING JURISDICTION. 8. ALL WOOD LUMBER SHALL BE SPRUCE-PINE-FIR (SPF) NO. 1 GRADE OR BETTER, U.N.O. 9. ALL EXPOSED FRAMING SHALL BE FREE FROM NICKS, SPLINTERS, SAW MARKS, AND OTHER IMPERFECTIONS. 10. ALL SILL PLATES AND OTHER LUMBER IN CONTACT WITH CONCRETE SHALL BE PRESSURE- TREATED AGAINST DECAY. 11/03/2025 Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 11 EXHIBIT 5: FLOOR PLAN AND ELEVATIONS See Attached YM 25-031 YOSUKE MICHISHITA, AIA yosuke@michi-arch.com 785.341.1619 KAKAVAS RESIDENCE DETACHED GARAGE SHEET A-200 SECTION & ELEVATIONS DRAWN BY: PROJECT #: DATE ISSUED:11.03.25 SEAL & SIGNATURE 11324 W 38TH AVE, WHEAT RIDGE, CO 80033 ARCHITECTURE MICHI ±0" 1 T.O. SLAB +9'-2 1/4" 2 T.O. PLATE 25'-0" +/ - 1 8 ' - 0 " T. O . R O O F PRE-FINISHED METAL GUTTER & DOWNSPOUT, TYP. LP SIDING 1x FASCIA ASPHALT SHINGLES & UNDERLAYMENT ON ROOF SHEATHING; RE: STRUCTURAL 8 12 8 12 B A ±0" 1 T.O. SLAB +9'-2 1/4" 2 T.O. PLATE 45'-0" +/ - 1 8 ' - 0 " T. O . R O O F PRE-FINISHED METAL GUTTER & DOWNSPOUT, TYP. LP SIDING D3 W1 1x FASCIA ASPHALT SHINGLES & UNDERLAYMENT ON ROOF SHEATHING; RE: STRUCTURAL 1 2 ±0" 1 T.O. SLAB +9'-2 1/4" 2 T.O. PLATE 25'-0" +/ - 1 8 ' - 0 " T. O . R O O F PRE-FINISHED METAL GUTTER & DOWNSPOUT, TYP. LP SIDING 1x FASCIA ASPHALT SHINGLES & UNDERLAYMENT ON ROOF SHEATHING; RE: STRUCTURAL D1 D2 8 12 8 12 A B ±0" 1 T.O. SLAB +9'-2 1/4" 2 T.O. PLATE 45'-0" +/ - 1 8 ' - 0 " T. O . R O O F W2 PRE-FINISHED METAL GUTTER & DOWNSPOUT, TYP. LP SIDING 1x FASCIA ASPHALT SHINGLES & UNDERLAYMENT ON ROOF SHEATHING; RE: STRUCTURAL 2 1 BA 6 ±0" 1 T.O. SLAB +9'-2 1/4" 2 T.O. PLATE 25'-0" 9' - 2 1 / 4 " +/ - 1 8 ' - 0 " T. O . R O O F PRE-ENGINEERED ROOF TRUSSES @ 24" O.C. ASPHALT SHINGLES & UNDERLAYMENT ON ROOF SHEATHING; RE: STRUCTURAL LIGHTING FIXTURE, MOUNTED ON B.O. TRUSSES, TYP. 2x4 @ 16" O.C.; RE: STRUCUTRAL LP SIDING ON 7/16" STRUCTURAL SHEATHING & WEATHER RESISTIVE BARRIER 8 12 8 12 GARAGE 1 2 ±0" 1 T.O. SLAB +9'-2 1/4" 2 T.O. PLATE 45'-0" 4" +/ - 1 8 ' - 0 " T. O . R O O F W2 SLOPE (1/8" : 12" MIN.) PRE-ENGINEERED ROOF TRUSSES @ 24" O.C. ASPHALT SHINGLES & UNDERLAYMENT ON ROOF SHEATHING; RE: STRUCTURAL LIGHTING FIXTURE, MOUNTED ON B.O. TRUSSES, TYP. 2x4 @ 16" O.C.; RE: STRUCUTRAL LP SIDING ON 7/16" STRUCTURAL SHEATHING & WEATHER RESISTIVE BARRIER GARAGE SCALE: 1/4" = 1'-0" 3 EAST ELEVATION A-200SCALE: 1/4" = 1'-0" 4 SOUTH ELEVATION A-200 SCALE: 1/4" = 1'-0" 5 WEST ELEVATION A-200SCALE: 1/4" = 1'-0" 6 NORTH ELEVATION A-200 SCALE: 1/4" = 1'-0" 1 BUILDING SECTION 1 A-200SCALE: 1/4" = 1'-0" 2 BUILDING SECTION 2 A-200 11/03/2025 Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 12 EXHIBIT 6: WRITTEN REQUEST Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 13 Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 14 EXHIBIT 7: APPLICANT CRITERIA RESPONSES Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 15 Board of Adjustment Staff Report – 11324 W. 38th Avenue January 22, 2026 Page 16 WHEAT RIDGE BOARD OF ADJUSTMENT CERTIFICATE OF RESOLUTION CASE NO: VAR-25-07 APPLICANT NAME: Tyler Kakavas LOCATION OF REQUEST: 11324 W 38TH AVE WHEREAS, the application Case No. VAR-25-07 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were/were not protests registered against it; and WHEREAS the relief applied for may/may not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. VAR-25-07 be, and hereby is, APPROVED. TYPE OF VARIANCE: • A request for approval of a 480-square-foot (80%) variance from the 600-square-foot maximum size for a major accessory structure at 11324 W 38th Avenue. FOR THE FOLLOWING REASONS: 1. 2. 3. 4. WITH THE FOLLOWING CONDITIONS: 1. The design of the proposed garage shall be consistent with the representations depicted in the application materials, subject to staff review and approval through review of a building permit. 2. 3. WHEAT RIDGE BOARD OF ADJUSTMENT CERTIFICATE OF RESOLUTION (TEMPLATE) CASE NO: VAR-25-07 APPLICANT NAME: Tyler Kakavas LOCATION OF REQUEST: 11324 W 38TH AVE WHEREAS, the application Case No. VAR-25-07 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were/were not protests registered against it; and WHEREAS the relief applied for may/may not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. VAR-25-07 be, and hereby is, DENIED. TYPE OF VARIANCE: A request for approval of a 480-square-foot (80%) variance from the 600-square-foot maximum size for a major accessory structure at 11324 W 38th Avenue. FOR THE FOLLOWING REASONS: 1. 2. 3. Template for Denial Voting requirements for reference: Per City Code and BOA Bylaws, the following number of votes are required in order to grant any variance, waiver, temporary building or use permit, any interpretation or flood plain special exception permit or any matter requiring decision by the planning commission or the city council. If a resolution or motion fails to receive the required number of votes in favor of the applicant, the action shall be deemed a denial, and a resolution denying the request shall be entered in the record. Members Present Votes Needed to Approve 8 6 7 6 6 5 5 4 All other actions require only a simple majority, including continuance of a case. CASE NUMBER: VAR-25-08 DATE: January 22, 2026 BOARD OF ADJUSTMENT STAFF REPORT A REQUEST FOR APPROVAL OF A 12-FOOT (80%) VARIANCE FROM THE REQUIRED 15-FOOT SIDE SETBACK REQUIREMENT FOR AN ACCESSORY STRUCTURE AT 11001 RIDGE ROAD ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☒ZONING ORDINANCE JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. REQUEST: The property owner, Mark Walinder, is requesting approval of a 12-foot (80%) variance request from the required 15-foot side setback requirement, resulting in a 3-foot side setback for the construction of a 400-square-foot accessory structure in the Agricultural-One (A-1) zone district and located at 11001 Ridge Road. Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the Board of Adjustment to hear and decide upon applications for variances from the strict application of the zoning district development standards that are in excess of fifty (50) percent of the standard. The proposed setback exceeds the allowance by 80%; it is ineligible for administrative review, causing the case to be referred to the Board of Adjustment. BACKGROUND: The property owner submitted a building permit application to construct a 20-foot by 20-foot detached carport on the subject property. During review of the application, staff determined that a portion of the area the applicant believed to be part of the property is a public right-of-way (ROW) owned by the City of Arvada and located within the City of Wheat Ridge’s jurisdiction. The ROW was sold by the previous landowner to Arvada via a warranty deed in July 2003 (Exhibit 7). However, there is an easement agreement (Exhibit 8) from February 19, 2003, that encumbers the ROW and allows for the use of the ROW area by the adjacent property owner. The applicant purchased the subject property along with the easement area in May 2005. Based on conversations with Arvada, it is unknown what the ROW area was purchased for. Arvada has since indicated they are amenable to vacating the ROW. The process for Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 2 vacating ROW would present significant procedural and jurisdictional challenges. Vacation of public ROW would require Wheat Ridge city council approval, and the City of Arvada would have to be the applicant, which they are not inclined to pursue at this time. The Wheat Ridge city attorney advised staff to proceed with a variance application since no structures would be within the ROW; the easement agreement allows the applicant to use the ROW area as if it is part of their property; and Arvada has indicated they have no need for the ROW. ANALYSIS OF REQUEST: The site is located between Pearson Ct and Oak Street (Exhibit 1, Aerial) with the existing home taking access from Ridge Road. The property is zoned Agricultural-One (A-1). Adjacent properties to the south, east, and west are zoned A-1, and the properties to the north are within the city of Arvada and are zoned PUD , (Exhibit 2, Zoning Map). The lot is approximately 95 feet deep from the street to the rear property line, with a 162-foot frontage on Ridge Road. The lot is approximately 149 feet wide at the narrowest point along the rear property line. It is 22,390 square feet (0.514 acres) in size (Exhibit 3, Site Plan). The subject property contains an existing single-unit dwelling built in 1942 and two accessory structures. The A-1 zone district provides high quality, safe, quiet and stable residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single- unit residential and related uses, agricultural uses and activities will exist and be encouraged to continue. Building coverage is limited to 25% of the lot area. Accessory building placement must be outside of the setbacks, which include a 30-foot front setback from Ridge Road. A 15-foot side setback applies to all interior property lines on the west and east, and a 5-foot rear setback applies to the north property line. The applicant is requesting the variance in order the construct a 400-square-foot accessory carport structure three feet from the eastern property line which borders the Arvada-owned ROW. The proposed carport would be located to the northeast of the existing detached garage, on the northeastern portion of the property (Exhibit 3, Site Plan). Architectural elevations have also been provided (Exhibit 4, Elevations). The carport would meet all other development standards of the A-1 zone district as shown in the table below; it would also be required to comply with all building code requirements. Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 3 A-1 GARAGE STANDARDS REQUIRED PROPOSED Lot coverage 25% maximum 11 % Height 35 feet maximum 9.6 feet Front setback (south) 30 feet minimum 70 feet Rear setback (north) 5 feet minimum 5 feet Side setback (east) 15 feet minimum 3 feet PUBLIC COMMENT: The property was posted for 15 days, and letters were sent to property owners and residents within 600 feet notifying them of the application. As of the writing of this staff report, one objection has been received, which has been attached at the end of the packet. VARIANCE CRITERIA: Staff have provided an analysis of the variance criteria outlined in Section 26-115.C.5. The applicant also provided a response to the criteria found in Exhibit 6. The Board of Adjustment shall base their recommendation on consideration of the extent to which the following applicable criteria have been met: 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 request was denied, the property would continue to yield a reasonable return in use, as the property would still function as a single-unit dwelling with an existing 940- square foot detached garage. Staff conclude this criterion has not been met. 2. The variance would not alter the essential character of the locality. The Arvada ROW is subject to an easement agreement between the City of Arvada and the property owner which allows the property owner to use the ROW as part of their property. This means the perceived setback would be approximately 41 feet, and as such, the proposed variance would not alter the essential character of the locality. The carport would be located entirely within the property boundaries and designed as an accessory structure subordinate to the primary residence. Its scale, placement, and use are consistent with other accessory structures in the surrounding area, and the revised Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 4 location maintains appropriate separation from the adjacent right-of-way. Metal structures are permitted in the A-1 zone district. As proposed, the carport would remain compatible with the existing residential character of the neighborhood. Staff conclude 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 carport would likely not be considered a substantial investment in the property. A smaller carport could be constructed while maintaining the required side setback standards and without the need for a variance. As such, a functional accessory structure could be installed on the property without approval of the requested variance. Staff conclude this criterion has not been met. 4. The particular physical surrounding, shape or topographical condition of the specific property results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience. The hardship associated with the subject property is the presence of an Arvada-owned right-of-way along the east property boundary, which creates a unique physical constraint on the site. Although the applicant has been granted a use agreement for the right-of-way, the agreement does not allow for the installation of permanent structures. As a result, the proposed carport must be located entirely within the applicant’s property boundaries. Due to the location of the existing garage, the proposed carport cannot be shifted farther west to comply with the minimum side setback requirements of the underlying zone district, resulting in a site-specific hardship that extends beyond a mere inconvenience. Staff conclude this criterion has been met. 5. If there is a particular or unique hardship, the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The particular and unique hardship associated with the subject property was not created by the current property owner. The right-of-way dedication and associated easement agreement were established prior to the current owner’s acquisition of the property. As such, the hardship results from pre-existing site conditions and legal encumbrances rather than any action taken by a person presently having an interest in the property. Staff conclude this criterion has been met. Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 5 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. Granting the requested variance would not be detrimental to the public welfare or injurious to nearby properties or improvements. The proposed carport would be located entirely within the subject property and outside of the Arvada -owned right- of-way, consistent with the terms of the existing use agreement. Its scale and placement are typical of residential accessory structures and would not substantially or permanently impair the use or development of adjacent properties, nor would it impair access to light and air. The proposal would not increase traffic congestion, create fire or safety hazards, or negatively affect public safety. Additionally, the carport is not expected to substantially diminish or impair property values within the surrounding neighborho od. Staff conclude this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. The unusual circumstances or conditions necessitating the variance request are unique to the subject property. The property is adjacent to an Arvada-owned right-of-way for which the property owner has been granted a use agreement, creating a site-specific condition that affects the placement of structures on the lot. Based on staff’s review, it does not appear that other properties in the neighborhood are subject to similar right-of- way conditions or use agreements. Accordingly, the circumstances giving rise to the variance request are not generally present in the neighborhood and are unique to the subject property. Staff conclude this criterion has not been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Staff conclude this criterion is not applicable to the proposed development. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 6 The Architectural and Site Design Manual does not apply to single unit properties. Staff conclude this criterion is not applicable to the proposed development. STAFF CONCLUSIONS AND RECOMMENDATION: Having found the application to be in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of a twelve (12) foot variance (80 %) from the required fifteen (15) foot side setback for accessory structures in the Agricultural- One (A-1) zone district to allow construction of a 400-square-foot carport located three feet from the side lot line. Staff find that unique site-specific circumstances support the requested variance and warrant approval for the following reasons: 1. The variance would not alter the essential character of the neighborhood. 2. The particular physical surroundings, shape or topographical condition of the specific property involved results in a particular and unique hardship, notably Arvada right-of-way that, while not needed by Arvada and that the applicant has a use agreement for, adds a property line from which building setbacks must be met without a variance. 3. These unique physical hardships have not been created by anyone having an interest in the property. 4. 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. With the following conditions: 1. The location of the accessory structure shall be consistent with representations depicted in the application materials subject to staff review and approval through review of a building permit. 2. A permit application for the structure shall submitted to the Building Division within 180 days of variance approval. REPORT PREPARED/REVIEWED BY: Chris Masar, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director EXHIBITS: 1. Location map as aerial photograph of site 2. Zoning map 3. Site Plan 4. Elevations 5. Written Request Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 7 6. Applicant’s Response to Variance Criteria 7. Right Of Way Warranty Deed and Exhibit 8. Right-of-Way Easement Agreement 9. Public Comment Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 8 EXHIBIT 1: AERIAL ROW / Easement Area Subject Property Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 9 EXHIBIT 2: ZONING MAP A-1 PRD PID PUD Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 10 EXHIBIT 3: SITE PLAN Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 11 EXHIBIT 4: ELEVATIONS Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 12 EXHIBIT 5: WRITTEN REQUEST Variance Request for Temporary Carport Installation Introduction To whom this concerns, Request for Variance I am requesting a variance for my property to allow the installation of a temporary carport on the east side of my garage. The proposed location will be on the east side of the carport within three feet west of the Right of Way (ROW) that Wheat Ridge maintains at 11001 Ridge Road. Property Details The site in question is a lot with no utilities present at this location. Conclusion Thank you for your consideration. Mark Walinder Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 13 EXHIBIT 6: APPLICANT CRITERIA RESPONSES Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 14 Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 15 EXHIBIT 7: RIGHT OF WAY WARRANTY DEED AND EXHIBIT Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 16 Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 17 Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 18 EXHIBIT 8: RIGHT-OF-WAY EASEMENT AGREEMENT Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 19 Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 20 Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 21 Board of Adjustment Staff Report – 11011 Ridge Road January 22, 2026 Page 22 Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the IT Division. Thank you. Outlook Case No. VAR-25-8 From Andrew Goodman <andrew.goodman5307@gmail.com> Date Fri 1/9/2026 11:36 AM To Zoning Division <zoning@wheatridge.gov> You don't often get email from andrew.goodman5307@gmail.com. Learn why this is important Hello, I am writing some comments regarding Case No. VAR-25-8 at 11001 Ridge Road.   I feel this property should not be granted any approvals.   This property is already an eyesore compared to all surrounding properties.   Not only that, but it already impedes the ability for a continued sidewalk connecting where it terminates on each side of this property.    This creates dangerous walking conditions on Ridge.    At no point should more buildings or variances be allowed at this property.    In fact, I would propose eminent domain to take over the portions of the property that affect the greater community.   Thank you, Andrew Goodman WHEAT RIDGE BOARD OF ADJUSTMENT CERTIFICATE OF RESOLUTION CASE NO: VAR-25-08 APPLICANT NAME: Mark Walinder LOCATION OF REQUEST: 11001 Ridge Road WHEREAS, the application Case No. VAR-25-08 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were/were not protests registered against it; and WHEREAS the relief applied for may/may not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. VAR-25-08 be, and hereby is, APPROVED. TYPE OF VARIANCE: • A request for approval of a 12-foot (80%) variance from the required 15-foot side setback requirement for an accessory structure at 11001 Ridge Road. FOR THE FOLLOWING REASONS: 1. 2. 3. WITH THE FOLLOWING CONDITIONS: 1. The design of the proposed carport shall be consistent with the representations depicted in the application materials, subject to staff review and approval through review of a building permit. 2. 3. WHEAT RIDGE BOARD OF ADJUSTMENT CERTIFICATE OF RESOLUTION (TEMPLATE) CASE NO: VAR-25-08 APPLICANT NAME: Mark Walinder LOCATION OF REQUEST: 11001 Ridge Road WHEREAS, the application Case No. VAR-25-08 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were/were not protests registered against it; and WHEREAS the relief applied for may/may not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. VAR-25-08 be, and hereby is, DENIED. TYPE OF VARIANCE: A request for approval of a 12-foot (80%) variance from the required 15-foot side setback requirement for an accessory structure at 11001 Ridge Road. FOR THE FOLLOWING REASONS: 1. 2. Template for Denial Voting requirements for reference: Per City Code and BOA Bylaws, the following number of votes are required in order to grant any variance, waiver, temporary building or use permit, any interpretation or flood plain special exception permit or any matter requiring decision by the planning commission or the city council. If a resolution or motion fails to receive the required number of votes in favor of the applicant, the action shall be deemed a denial, and a resolution denying the request shall be entered in the record. Members Present Votes Needed to Approve 8 6 7 6 6 5 5 4 All other actions require only a simple majority, including continuance of a case. Board of Adjustment Minutes - 1 – June 27, 2024 BOARD OF ADJUSTMENT Draft Minutes of Meeting June 27, 2024 CALL THE MEETING TO ORDER The meeting was called to order by Chair HOVLAND at 7:01 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 1. ROLL CALL OF MEMBERS Board Members Present: Amanda Rodriquez Betty Jo Page Larry Richmond Laura Sicard Thomas Burney Paul Hovland Alternates Present: Andy Sulak Alastair Huber Board Members Absent: Michael Griffeth Staff Members Present: Jana Easley, Planning Manager Gerald Dahl, City Attorney Tammy Odean, Recording Secretary 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 4. PUBLIC HEARING No cases to be heard. 5. OLD BUSINESS 6. NEW BUSINESS A. Approval of Minutes – March 28, 2024 Board of Adjustment Minutes - 2 – June 27, 2024 It was moved by Board Member HOVLAND and seconded by Board Member SICARD to approve the minutes as written. The motion passed 6- 0-2 with Board Members RODRIGUEZ and SULAK abstaining. B. Board of Adjustment Training Ms. Easley explained the reason for tonight’s meeting and introduced Gerald Dahl, the City’s attorney. Mr. Dahl started by explaining that the Colorado Court of Appeals upheld the Board of Adjustment’s decision to deny United Billboards wanting to place a billboard on Kipling Street a couple blocks north of I-70. He also introduced Kyla Garcia, from his office and mentioned she would hand out the packet about the decision at the end of the meeting. Mr. Dahl then led a training session for the board on items including power of authority, quasi-judicial actions, implementing the hardship standard in practice, conducting public hearings, ex-parte contacts, voting requirements, taking testimony/action, and general public hearing overview. C. Election of Officers Board Member HOVLAND was elected at Chair and Board Member BURNEY was elected as Vice Chair. D. Upcoming Dates Ms. Easley reminded all about Ridgefest on the coming up weekend at Anderson Park and about the goat parade at 9am on Saturday. E. Member Updates Board Member HOVLAND welcomed the new member to the Board of Adjustment. 10. ADJOURNMENT It was moved by Commissioner SICARD and seconded by Commissioner BURNEY to adjourn the meeting at 8:34 p.m. Motion carried 8-0. Board of Adjustment Minutes - 3 – June 27, 2024 __________________________ _______________________________ Paul Hovland, Chair Tammy Odean, Recording Secretary