AGENDA JUNE 18, 2019 REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD ... ·...

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AGENDA JUNE 18, 2019 REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD COUNCIL CHAMBERS 6:00 P.M. 1) CALL TO ORDER 2) ROLL CALL 3) APPROVAL OF AGENDA 4) APPROVAL OF MINUTES May 7, 2019 5) OLD BUSINESS - None 6) NEW BUSINESS A. PLDP201801240: Request to consider the approval of a Resolution for a Development Permit for the site plan and architectural elevations of a 1,250 square-foot attached garage and remodel of the existing 400 square-foot attached garage into living space for the single-family residential property located at 2303 East 101 st Place (Sherwood Hills F1 L6 B3). 7) OTHER MATTERS A. Ditta Darrah turned in her resignation letter on June 10, 2019 and Council will advertise the vacancy. B. There are currently two cases scheduled for the July 2, 2019 meeting. 8) ADJOURNMENT

Transcript of AGENDA JUNE 18, 2019 REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD ... ·...

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AGENDA

JUNE 18, 2019

REGULAR MEETING OF THE DEVELOPMENT PERMITS AND APPEALS BOARD COUNCIL CHAMBERS

6:00 P.M.

1) CALL TO ORDER 2) ROLL CALL 3) APPROVAL OF AGENDA 4) APPROVAL OF MINUTES – May 7, 2019 5) OLD BUSINESS - None 6) NEW BUSINESS

A. PLDP201801240: Request to consider the approval of a Resolution for a

Development Permit for the site plan and architectural elevations of a 1,250 square-foot attached garage and remodel of the existing 400 square-foot attached garage into living space for the single-family residential property located at 2303 East 101st Place (Sherwood Hills F1 L6 B3).

7) OTHER MATTERS A. Ditta Darrah turned in her resignation letter on June 10, 2019 and Council will advertise the vacancy. B. There are currently two cases scheduled for the July 2, 2019 meeting.

8) ADJOURNMENT

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MINUTES THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD

MAY 7, 2019

ROLL CALL: Allan Inge Absent Bruce Thomas Present Paul Hepner Present Leon Reed Present Rick Zetterman Present Jeffrey Tompkins (Vice Chair) Present Anna Sparks (Chair) Present Prabodh Telang Present Dita Darrah Present Also attending were Brian Garner, Jay Ruchti of the City Development Department; Margaret Braun, Senior Assistant City Attorney; and Desirae Lovato, Recording Secretary. The meeting was called to order at 6:00 p.m. APPROVAL OF AGENDA: MOTION WAS MADE BY MR. HEPNER AND SECONDED BY MR. THOMAS TO APPROVE THE AGENDA. MOTION PASSED UNANIMOUSLY. APPROVAL OF MINUTES: MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. HEPNER TO APPROVE THE APRIL 16, 2019 MEETING MINUTES. MOTION PASSED UNANIMOUSLY. NEW BUSINESS – PUBLIC HEARINGS: Mr. Thomas recused himself since he is a member of the Home Owner’s Association (HOA) affiliated with the project and therefore a conflict of interest. At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary. PLDP201900068: A Resolution to consider a Development Permit for a single-sided cedar fence to replace the current double-sided cedar fence located generally northwest of York Street and East of 144th Avenue (Quail Valley). The floor was opened at 6:03 p.m.

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Minutes of the Development Permits and Appeals Board Meeting May 7, 2019

Page 2 Mr. Garner introduced Mr. Ruchti as the case presenter for Quail Valley. Mr. Ruchti presented a staff report, slides and entered into the record City’s Exhibit A, the Affidavit of Posting and City’s Exhibit B, the Affidavit of Postings Legal Notice of Public Hearing published on the City’s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center, City’s Exhibit C, an Amendment to the Resolution, and Exhibit D letters from residents. Exhibits C and D were placed on the dais. Mr. Zetterman asked if the reason the DP is being requested is because the fence is needing to be replaced. Mr. Ruchti deferred to the applicant. Gregory P. Heimann, 14951 Williams Street, Thornton, Colorado 80602, was introduced as the applicant, he confirmed that he had been sworn. Mr. Heimann presented additional information on the reason for the request. There was discussion between the Board and Mr. Heimann responded to Mr. Zetterman’s previous question. Eric P. DeBolt, 14462 Claude Court, Thornton Colorado, he confirmed that he had been sworn. Mr. DeBolt stated that his home backs up to a major street and voiced his concerns with the fence being replaced by a single-sided fence, citing noise mitigation as a major concern. Mr. Reed asked the resident a question. Mr. DeBolt Responded. Floyd M. Thorne Junior, 2170 East 144th Place Thornton Colorado, he confirmed that he had been sworn. Mr Thorne agreed with Mr. DeBolt adding that he thought replacing sections of the fence on an as-needed basis was a better solution. Michael Magnuson, 2134 East 144th Place, he confirmed that he had been sworn. Mr. Magnuson stated that he was on the board of directors and a home owner in Quail Valley. He stated that the fence is currently an eyesore and that he has been experiencing issues with bees living between the two-layers of the fence. Ms. Sparks asked if he had considered replacing the fence in sections. Mr. Magnuson responded. Ryan Fisher, 7586 East 122nd Avenue Thornton, Colorado, he confirmed that he had been sworn. Mr. Fisher stated that he was the owner of Gator fencing and provided a quote for the management company, adding reasoning why he was in support of the single sided fence being approved. There was discussion between Mr. Fisher and the Board.

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Minutes of the Development Permits and Appeals Board Meeting May 7, 2019

Page 3 Ms. Sparks asked if Mr. Ruchti would like rebuttal. Mr. Ruchti provided a rebuttal statement. The floor closed to further testimony at 7:00 PM. MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. REED TO APPROVE THE DENIAL. There was discussion among the Board regarding the motion. MOTION TO DENY PASSED 6-1. NEW BUSINESS – PUBLIC HEARINGS: Mr. Tompkins stated that he is not within the zone that was noticed for this case but lives in the Subdivision. He stated that he believes that there would be no conflict for this case. At this time, individuals wishing to provide testimony during the public hearings were sworn in by the Recording Secretary. PLV201900345: A Resolution to consider a Variance to the required building rear setback for a second story deck, located at 1507 East 131st Place (Hunters Glen B1 L15). The floor was opened at 7:12 p.m. Mr. Garner introduced Mr. Ruchti as the case presenter for Hunter’s Glen B1 L15. Mr. Ruchti presented a staff report, slides and entered into the record City’s Exhibit A, the Affidavit of Posting and City’s Exhibit B, the Affidavit of Postings Legal Notice of Public Hearing published on the City’s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center. Also entered into the record was City’s Exhibit C an updated Affidavit of Posting and City’s Exhibit D and the Affidavit of Postings Legal Notice of Public Hearing reflecting the date a change was made to the notice on City’s official website and at City Hall, the Margaret W. Carpenter Recreation Center, and the Thornton Active Adult Center. And the City’s Exhibit E, an amended Resident Notice that was sent out to residents within 300 feet of the proposed site. Also on the dais is a change to page six of the staff report, amending the word “approval” to “denial” and a copy was placed on the dais. A few grammatical errors were found on the Resolution, and a new version has been placed on the dais and is entered into the record. Mr. Zetterman questioned whether the house or golf course was constructed first. Mr. Ruchti responded.

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Minutes of the Development Permits and Appeals Board Meeting May 7, 2019

Page 4 Michael Whyte, 1507 East 131st Place, Thornton Colorado 80241, was introduced as the applicant, was sworn in at this time. Mr. Whyte presented additional information regarding the project. There was discussion between the Board and Mr. Whyte. Mr. Zetterman asked if the motion to deny was approved would the applicant be able to return with new plans for approval. Mr. Ruchti responded yes, they can come back to request something that complies with Code or go through the Variance process again. Ms. Braun made a point of clarification to the Board, informing the Board that they have the opportunity to amend the Variance from that which it was originally requested, adding that there would have been no need for a Variance request had the original permit been located and it met the requirements for a non-confirming deck. There was further discussion between the applicant and the Board. The floor closed to further testimony at 8:30 pm. MOTION WAS MADE BY MR. ZETTERMAN AND SECONDED BY MR. TOMPKINS TO APPROVE THE DENIAL. There was discussion among the Board regarding the motion. MOTION FOR DENIAL PASSED 8-0. OTHER MATTERS: Scheduled public meetings – there are currently no meetings scheduled for the May 21, 2019 meeting.

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Minutes of the Development Permits and Appeals Board Meeting May 7, 2019

Page 5 THE MEETING WAS ADJOURNED 8:39 pm.

DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO

Anna Sparks, Chairperson

ATTEST: Recording Secretary F:\dpabmin-form.doc

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CITY OF THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD

PUBLIC HEARING OPENING REMARKS

1. I would like to present Application Number PLDP201801240 for a Development Permit for property located at 2303 East 101st Place, requested by the Applicant Larry Johannesen, Complete Remodeling Solutions, LLC, on behalf of the Owners Alysha Otradovec and Jerome Beardsley.

2. Call the Public Hearing to Order:

This public hearing is hereby called to order. I, Anna Sparks, am the Chairperson of the Development Permits and Appeals Board ("the Board") of the City of Thornton ("City"). I will be presiding over this hearing. 3. Opening Comments of Chairperson:

This public hearing is being held pursuant to Section 18-50 of the Thornton City Code (“Code”) for the purpose of receiving testimony and evidence concerning a request for issuance of a Development Permit, as noted in the Applicant’s application, dated September 7, 2018 and filed on behalf of the Owner. Appeals from decisions of the Board to City Council can be made pursuant to Section 18-50(b) of the Code by filing a written request with the Director within ten days following the action of the Board.

The Board must use the following criteria in its evaluation of a requested development

permit:

• The proposed development is consistent with any approved conceptual site plan for the property; and

• The proposed development meets the requirements of this chapter and other applicable development regulations, standards, requirements, or plans adopted by the council.

The Board does not have the authority to review zoning classifications or uses of

the property as authorized for development. The hearing procedure will be governed by applicable provisions of the Board’s By-Laws

and Robert's Rules of Order. Colorado Rules of Evidence will not be strictly adhered to but will be used as a guide for presentation of evidence. The Applicant has the burden of satisfying the Board that granting the application is appropriate by a preponderance of the evidence. The Applicant will have the opportunity to present testimonial evidence, documentary evidence and has the right to cross-examine any City employee or witnesses testifying in opposition to the application.

Is the City prepared to proceed? Is the Applicant prepared to proceed?

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SWEARING IN OF ALL PERSONS PRESENT WHO WISH TO TESTIFY ON AN AGENDA ITEM

4. Call on Staff

Have Current Planning Manager or designee present the case. After staff presentation, ask Board members if they have questions (Chairperson

can ask questions just like Board members). 5. Applicant

Call on Applicant to make a presentation to the Board and have staff swear in Applicant and any witnesses.

After Applicant’s presentation, ask Board members if they have questions

(Chairperson can ask questions just like Board members).

Ask City Attorney if there are any questions of the Applicant.

Ask Board members if there are any further questions based on the City Attorney’s questioning of the Applicant.

Ask Applicant if they have any witnesses to make a presentation to the Board.

After a witness testifies, ask Board members if they have questions (Chairperson

can ask questions just like Board members).

Ask City Attorney if there are any questions of the Applicant’s witnesses.

Ask Board members if there are any further questions based on the City Attorney’s questioning of Applicant’s witness.

Each of Applicant’s witnesses are to be allowed to testify in the above manner unless the Applicant’s witness represents a group of persons whose testimony is similar, in which case, a representative of these persons may testify for the group.

6. Other person(s) interested in the application, remember there may be more than one

person interested.

Ask staff to identify any interested person who wishes to testify, then call on each interested persons to make a presentation to the Board.

Ask Board members if they have questions (Chairperson can ask questions just

like Board members).

Ask the City Attorney if there are any questions of the interested person.

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Ask Board members if there are any further questions based on Applicant’s or the City Attorney’s questioning of the opponents.

Call on any other persons who are interested in the application and follow the

same procedure for questions as listed above.

Each opponent may testify in the above manner unless the interested person represents a group of persons whose testimony is similar, in which case, a representative of these persons may testify for the group.

7. Call on staff to check the sign in sheet to determine if any other persons have

signed up to testify, follow same procedure . 8. Rebuttal Evidence

Ask Applicant if there is any rebuttal evidence – if so, same procedure as Applicant’s first presentation.

Ask Staff if there is any rebuttal evidence – if so, same procedure as Staff’s first

presentation. 9. Staff Recommendation

Staff recommendation as applicable should be requested by the Board. 10. After each case has evidence presented as outlined above, CLOSE the floor for

further testimony. The case will then be ready for a motion, either to approve or deny and once a motion has been made and a second announced (chair needs to state who made the motion and seconded the motion) discussion on the motion should be encouraged. After discussion, call for a vote on the motion. Amendments to the motion can be made and voted on during discussion.

11. After the last public hearing, CLOSE the public hearing portion of the Agenda and

move on to next Agenda item.

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City of Thornton City Development Department

Staff Report to the Development Permits and Appeals Board Hearing Date: June 18, 2019

Title: Sherwood Hills F1 L6 B3 – Development Permit (DP), in the Single-Family-Detached (SFD) Zoning District

File: PLDP201801240

Prepared by: Sadie Naglich, Planning Technician

Location: 2303 East 101st Place

Applicant: Larry Johannesen – Complete Remodeling Solutions, LLC

Owner: Alysha Otradovec and Jerome Beardsley

This report is based on the following documentation on file with the City DevelopmentDepartment:

1. Application (September 7, 2018)2. Letter of Intent (September 7, 2018)3. Site Plan (May 20, 2019)4. Architectural Elevations (April 25, 2019)

REQUEST SUMMARY:

This application is a request for approval of a DP for the site plan and architecturalelevations of a 1,250 square-foot detached garage and remodel of the existingapproximately 400 square-foot attached garage into living space, for the single-familyresidential property located at 2303 East 101st Place. The property is generally locatednortheast of East 100th Avenue and York Street. A detached structure over 768 squarefeet requires approval of a DP subject to review and approval by the Development Permitsand Appeals Board. While the garage remodel qualifies for administrative review, it isincluded in this hearing to avoid two review procedures.

The property is a single-family dwelling unit and is zoned Single Family Detached (SFD).

PROPERTY INFORMATION:

• Existing Zoning SFD

• Existing Land Use Single-family Residential

• Size of Site 16,988 square-feet

• Comprehensive Plan Designation Residential Low

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PLDP201801240 Page 2

SURROUNDING ZONING AND LAND USE(S): West: SFD – Harvest Ridge Filing 3, residential East: SFD – Sherwood Hills Filing 1, residential South: SFD – Sherwood Hills Filing 1, residential North: SFD – Sherwood Hills Filing 1, residential PROPERTY HISTORY:

• The property was annexed on October 13, 1975 by Ordinance No. 699.

• The property rezoned SFD by Ordinance No. 2230 as part of the city-wide categorical rezone.

• The Sherwood Hills Filing 1 plat was recorded on May 4, 1979.

• The existing residence was constructed in 1983.

EXISTING SITE LAYOUT: The property is located northeast of East 100th Avenue and York Street and consists of a 2,199 square-foot residence constructed in 1983, according to Adams County records. The residence faces southeast onto a cul-de-sac and has a 400 square-foot attached two-car garage. The house is finished with brick, shingle, and lap siding. The roof is a light tan asphalt shingle. An existing concrete driveway leads to the attached garage. PROPOSED SITE LAYOUT: The proposed detached garage structure is a 1,250 (50 feet by 25 feet) square-foot detached garage located on the northeast corner of the property. The garage will have light grey siding with white trim and white windows. Brick accents will be on the south elevation on both sides of the garage door, to match the brick on the house. The roof will be a light tan asphalt shingle to match the existing house. A new concrete driveway will be poured to access the garage, which willl conform to driveway standards. The existing attached garage will be remodeled into living space. The façade of the garage will be modified to have two windows and siding to match the house. The existing driveway to the attached garage will be removed. The detached garage is proposed to be constructed before the attached garage is remodeled to living space. The proposed site plan meets or exceeds the site design standards specified in Chapter 18 of the Thornton City Code, including building height, setbacks, and architecture.

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PLDP201801240 Page 3

Potential impacts on adjacent properties: There are no anticipated adverse impacts to adjacent properties. It will not generate additional traffic and does not obstruct visibility from the right-of-way. No additional noise or glare will be produced by the proposed addition. Parking: In order to meet the single family detached parking requirements of four off-street parking spaces with a minimum of two enclosed parking spaces, the proposed garage will be constructed before the attached garage is remodeled into living space. There will always be a minimum of four off-street parking spaces with a minimum of two enclosed parking spaces during construction. Zoning Compliance: The proposed garage and remodel complies with Chapter 18 of the Thornton City Code. Architecture: The proposed architecture complies with Chapter 18 of the Thornton City Code. PUBLIC NOTICE AND RESPONSE: Public Notification: All landowners within 1,500 feet of this site were sent notice of the public hearing ten days prior to June 18, 2019. A public notice of the hearing was advertised on the City of Thornton Website ten days prior to June 18, 2019. Notification of the public hearing was posted on the property for ten days prior to the public hearing. ACTIONS AND OPTIONS OF THE DEVELOPMENT PERMITS AND APPEALS BOARD: The Board will consider requests for approval of a DP at a public hearing pursuant to Section 18-50 of the Thornton City Code. The Board is the decision-maker for the approval or denial of the DP application.

Allowed Proposed

Building Height 16 feet 16 feet

Front Setback 15 feet 86 feet Rear Setback Five-feet 10 feet

Side Setback (East) Five-feet 11 feet Side Setback (West) Five-feet 98 feet

Nonresidential Lot Coverage 25 percent 7.4 percent

Total Lot Coverage 75 percent 37.9 percent

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Thornton City Hall City Development Department 9500 Civic Center Drive Current Planning Division Thornton, CO 80229 PH 303-538-7295 www.cityofthornton.net FAX 303-538-7373

June 3, 2019 RE: NOTICE OF PUBLIC HEARING PLDP201801240 Property Owner: The city of Thornton Development Permits and Appeals Board will conduct a public hearing concerning a Development Permit for a proposed approximate 1,250 square-foot detached garage located at 2303 E. 101st Place. Per Thornton City Code, you are receiving this notice because you own property within 1,500 feet of the subject property, which is generally located northeast of East 100th Avenue and York Street. This hearing will be held on June 18, 2019, at 6 p.m. at Thornton City Hall in the Council Chambers, 9500 Civic Center Dr., Thornton, Colorado. The Development Permits and Appeals Board agenda is on the city of Thornton website at www.cityofthornton.net. A copy of the Development Code (Chapter 18 of the Code of the City of Thornton) and the Zoning Map are on file with the Thornton City Clerk for inspection by any interested party or it can also be viewed on the city’s website. Any interested party may appear in person at this hearing or communicate their interest to the Development Permits and Appeals Board by written notice. Written notice must be received prior to, or during the public hearing. You may also email your comments to [email protected]. If you have any questions concerning this matter, please contact the City Development Department at 303-538-7295. If you have a disability and need a reasonable accommodation to attend or participate in the meeting, please contact the city's ADA Coordinator at 303-538-7245, at least eight hours in advance and arrangements will be made to provide any reasonable accommodation that may be necessary. TDD access is available through Colorado Relay at 711 or you can also email the City Development Department at [email protected]. Sincerely,

Sadie Naglich Planning Technician cc: FILE PLDP201801240

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From: Melissa BearyTo: Sadie NaglichCc: Brian Garner; Grant Penland; Desirae LovatoSubject: FW: Permit for "garage" at 2303 E 101st PlaceDate: Friday, June 07, 2019 7:53:51 AM

fyi From: DORIAN Walsh <[email protected]> Sent: Thursday, June 6, 2019 11:28 PMTo: City Development <[email protected]>Subject: [EXTERNAL] Permit for "garage" at 2303 E 101st Place Hello, I received your letter yesterday regarding the notice of public hearing PLDP201801240. It isregarding a permit request for a 1250 sq ft "garage" to be built at 2303 E 101st Place.Normally, I toss these notices in the garbage but this one caught my attention. So, I drovepast the house that is requesting to build this. As you probably know, it's in a small quietcul-de-sac. The neighboring homes appear to be very well kept houses. I couldn't help butthink about how I would feel if my neighbor (in the same subdivision as this house) wouldwant to build a HUGE "garage" in his backyard that I would have to look at.... Are you crazyfor even considering this??? The house in question is 1400 sq ft and the owner wants to fillthe backyard with a "garage" nearly as big as the house! And while looking at the property,I don't even think there is enough room to put in a driveway to get to it? This is one of mybiggest questions. What is the homeowner going to use this "garage" for? A business, anapartment for relatives, a pot growing facility??? Whatever it may be, I can't think of oneuse that I would want next to my house or even in my neighborhood. My fear is that ifThornton allows one homeowner to do this, how many will follow and when will I have tolook out of my window and see a "garage" like this? I guess naïve me would have thoughtthat Thornton already had regulations that this can't be done..... Thank you for your time. Please put me down as a definite NO on allowing this to happen. Ithink it's crazy! Dorian Walsh2783 E 101st Ave 303-450-0267

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4950 South Yosemite Street, Ste.#103 Greenwood Village, Colorado 80111

Sadie Naglich Planning Technician City of Thornton 9500 Civic Center Drive, Thornton, CO 80229

May 31, 2019

Re: Sherwood Hills F1 L6 B3, Development Permit PLDP201801240

Ms. Naglich,

On behalf of Alysha Otradovec and Jerome Beardsley, Complete Remodeling Solutions is submitting the following revised documents in response to the review comments provided by the City of Thornton on May 24, 2019.

We have reviewed the site plan and have verified that it accurately reflects the information of the recorded plat of subdivision on file with Adams County.

The notes on the first page of the construction plans have been further revised to provide a larger (24”x24”) “box out” to accommodate the new, traffic rated meter pit frame and cover (w3216ci). A note has been included on page 3 of the revised plan set indicating the location and reference to the meter pit cover. We are also attaching a copy of the catalogue cut for the meter pit cover that was provided to us by the City.

There is now a clear reference to the legal description of the property in the upper right hand corner of the site plan, page 2 in the plan set.

We believe we have addressed all of the concerns expressed in your e-mail of May 24.

As such, we are ready for a meeting with the Development Board and the required public hearing on June 18, 2019.

Respectfully,

Complete Remodeling Solutions, LLC

By Larry Johannesen, Project Coordinator Encs.

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Statement of Materials, and Colors

The intent in constructing the proposed new garage is to be low maintenance and match, as closely

as possible, the materials and colors of the existing residence.

1. Siding will consist of a DBL4 vinyl siding in a light grey color.with trim materials being white

2. Windows will be white vinyl

3. Brick veneer and mortar will be matched to the house as closely as possible

4. Roof shingles will be 25 year light tan asphalt matched as closely as possible to existing roof

5. New driveway will be standard concrete

Attached are photographs representing the materials and colors outlined above.

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Existing Water Meter
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INTRODUCED BY: NO: PLDP201801240 R E S O L U T I O N A RESOLUTION OF THE THORNTON DEVELOPMENT PERMITS AND APPEALS BOARD (“BOARD”) APPROVING A DEVELOPMENT PERMIT (“DP”) FOR A SITE PLAN AND ARCHITECTURAL ELEVATIONS FOR A 1,250 SQUARE-FOOT DETACHED GARAGE PURSUANT TO CHAPTER 18 OF THE THORNTON CITY CODE. WHEREAS, Alysha Otradovec and Jerome Beardsley are the owners (“Owner”) of certain real property (“Property”) within the City of Thornton (“City”), commonly described as Sherwood Hills F1 L6 B3; and WHEREAS, the Property is zoned Single Family Detached (SFD); and WHEREAS, the Owner is desirous of developing the Property by building a detached garage and remodeling the existing attached garage into living space; and WHEREAS, in order to develop the Property, the Owner has submitted an application for a DP on the Property; and WHEREAS, the proposed uses are consistent with the approved zoning for this Property; and WHEREAS, the proposed DP is consistent with the goals and desires of the City, and provides for orderly growth within the City, and allows for a beneficial and efficient use of said Property; and WHEREAS, the aforesaid application is a matter of public record in the custody of the City Development Department of the City and is available for public inspection during business hours of the City; and WHEREAS, the aforesaid DP, and all supporting documents attached thereto, is hereby incorporated as if fully set forth herein; and WHEREAS, on June 18, 2019, a public hearing was conducted before the Board on said application pursuant to the procedural and notice requirements of the City Charter and Chapter 18 of the Thornton City Code, and the Board having considered the evidence presented in support of and in opposition to the application, and so having considered the record and having given appropriate weight to the evidence, takes the following action.

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NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. The Board finds that the application for the DP on the Property has been submitted in compliance with the provisions of Chapter 18 of the Thornton City Code.

2. The Board finds that approval of the DP for the Property is appropriate in

that said DP meets the site design standards, landscape standards and architectural review criteria provided in Chapter 18 of the Thornton City Code.

3. The Board finds that the proposed use is consistent with the

Comprehensive Plan and will facilitate implementation of the following goals of the Comprehensive Plan:

5.4.1 Ensure the design and development standards for residential

development in Thornton contribute to the long-term stability and desirability of its neighborhoods.

4. For these reasons, the Board finds that the DP meets the criteria found in

Section 18-50 of the Thornton City Code.

5. The Board hereby approves the DP for the Property, subject to the following conditions:

a. The DP shall be null and void in the event that no building permit is

applied for on the Property within three years of approval. Once a Certificate of Occupancy has been issued for the Property, the DP shall be valid in perpetuity.

b. Prior to any changes to the approved design, the Owner shall obtain approval of an amendment to the DP from the City. Based upon the extent of any changes, the Development Director shall determine at that time whether or not the application for changes listed above will be administrative or shall require another public hearing.

c. Prior to the remodel of the existing attached garage into living space, the detached garage shall be completed as to provide the required single-family detached parking requirements.

d. Prior to the construction of the driveway to the proposed garage, a water meter pit cover rated for vehicle weight shall be installed and inspected.

5. All land use approvals and building permits for the Property shall be

subject to requirements including, but not limited to, the payment of impact

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fees and development charges, concurrency management requirements, design standards, moratoriums, building permit limitations, and other land use and development requirements in effect at the time that such proposed development applies for a building permit.

6. The conditions set forth in this Resolution shall be binding upon the Owner or Developer, their successors and assigns.

PASSED AND ADOPTED at a regular meeting of the Development Permits and

Appeals Board of the City of Thornton, Colorado, this 18th day of June, 2019. DEVELOPMENT PERMITS AND APPEALS BOARD OF THE CITY OF THORNTON, COLORADO ______________________________ Anna Sparks, Chairperson

ATTEST: __________________________ Secretary V:\PROJECTS\Sherwood Hills\DP\Sherwood Hills F1 L6 B3 PLDP201801240\DPAB