MEMORANDUM

Den21G LLC/ 4154 E. 17th Ave Parkway

Lot Width Admin Adjustment Request

To: Nick Hufford and Tina Axelrad

From: Steve Ferris, representing Den21G LLC
Date: August 9, 2022
Re: Request for Administrative Adjustment to the 50-foot Minimum
Lot Width Requirement, Seeking 1 Lot of 49.73 feet in Width and
1 Lot of 49.74 feet in Width, to Enable Approval of 2022-ZLAM-
0000113

I. SUMMARY

This memo addresses your review criteria to grant an Admin Adjustment pursuant to
Denver Zoning Code Section 12.4.5.5.D with graphic and written information. Because this
request is intended to facilitate approval of 2022-ZLAM-0000113, reference to that
application’s dimensional survey information is made herein.

This information demonstrates that granting of the variance will be consistent with the
stated intent and purpose of the Code. It will also have no significant impact on
surrounding property owners or general public, and is needed to accommodate an
unnecessary hardship per the zoning variance criteria.

II. Admin Adjustment Review Criteria, Section 12.4.5.5.D. of the Code

12.4.5.5.D.1. The requested adjustment is consistent with the stated intent and purpose of
this Code.

By seeking an adjustment that exceeds the automatic adjustment allowed under DZC
13.1.5.1.D.3. by only 6/100th’s and 7/100th’s of a foot (respectively, for each lot), the intent
and purpose is barely exceeded, particularly across 50 feet in width. In addition, the
minimum adjustment allowed under the admin adjustment procedure is up to 5% of the lot
width, or in this case 2.5 feet. The requested adjustment seeks an adjustment equal only to
about .26 feet for 2 lots, or just over 10% of what the code allows to be considered by the
Zoning Administrator.

12.4.5.5.D.2. The requested adjustment is consistent with the stated intent and purpose of
the applicable zone district.

The specific purpose of the U-SU-C zone is to establish a “…… single unit district allowing
urban houses with a minimum zone lot area of 5,500 square feet. Blocks typically have a
consistent pattern of 50 foot wide lots.” The proposed use of 2 single family houses with lot

ZONING ADMINISTRATIVE ADJUSTMENT REQUEST, 4154 E. 17 TH AVE. PARKWAY Page 1 of 5

widths of 49.74 and 49.75 feet in width matches this intent statement. In addition, the
resulting lots will exceed the 5,500 square feet minimum lot size, as each will be just under
6,195 square feet.

12.4.5.5.D.3. The requested adjustment is consistent with the stated intent and purpose of
a previously approved PUD District Plan, as applicable.

This is not applicable given the lack of a PUD plan.

12.4.5.5.D.4. The requested adjustment will have no significant adverse impact on the
health, safety, or general welfare of surrounding property owners or the general public, or
such impacts will be substantially mitigated.

There will be not significant or measurable adverse impact because the surrounding
property owners will perceive and accept the zone lot widths as identical to the existing
50-foot widths in the neighborhood. No adjustments to setbacks will be required, such that
the resulting single family home configuration will be virtually identical to that of the
surrounding owners. (see Figure 1)

12.4.5.5.D.5. The requested adjustment is needed to compensate for unnecessary

hardship. For purposes of satisfying these administrative adjustment review criteria,
determination of “unnecessary hardship" shall mean the application satisfies the review
criteria for a zoning variance stated in Sections 12.4.7.5 and 12.4.7.6, except compliance
with the criteria stated in Section 12.4.7.5.E, Nonconforming or Compliant Uses in Existing
Structures, shall not be applicable to an application for administrative adjustment.

See section III below

III. Unnecessary Hardship Per 12.4.7.5 and 12.4.7.6

12.4.7.5
This admin adjustment clearly satisfies 12.4.7.5.B.’s unusual conditions test. Per Subsection
B, Unusual Conditions, the zoning code states:
1. There are unusual physical circumstances or conditions, including, without limitation:
a. Irregularity, narrowness or shallowness of the lot, or
b. Exceptional topographical or other physical conditions peculiar to the affected
property; or
c. Unusual physical circumstances or conditions arising from an existing,
nonconforming or compliant structure on the affected property; and
2. The circumstances or conditions do not exist throughout the neighborhood or zone
district in which the property is located, or the circumstances or conditions relate to
drainage conditions and challenges found consistently throughout the neighborhood
or zone district in which the property is located; and
3. The development or use of the property cannot yield a reasonable return in service, use
or income as compared to adjacent conforming property in the same district; however,
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 loss of a financial advantage, hardship that is solely financial, or the fact that a more
profitable use of the property might be had if a variance were granted are not grounds
for a variance; and
4. The unusual physical circumstances or conditions have not been created by the
applicant.

Consistent with criterion 1.a., unusual physical circumstances and conditions exist because
record lots show the intent to create 25-foot and 50-foot lots, but detailed surveys
completed some 130 years after the lots were created captured a discrepancy of 6 inches
over 100 linear feet. This discrepancy is largely imperceptible to anyone except a licensed
surveyor and a zoning code administrator.

Per criterion #2, it appears that these circumstances do not exist throughout the
neighborhood or zone district, in part given the predominance of 50-foot wide lots in the
neighborhood.

Per criterion #3, the development of the lot as one, 100-foot wide would constitute a
hardship for both the applicant and the neighborhood. The applicant would be forced to
build a large home on a large lot, accommodating 1 family rather than 2 families, and is not
familiar with the construction needed to accommodate the large lot, and would be wasting
valuable land for housing. The neighborhood would be forced to accommodate an untypical
lot and likely out of scale home. The “reasonable” assessment here must also consider that
the 0.5% discrepancy between the intended lot size and measured lot size is not significant
enough to necessitate the hardship.

Per criterion #4, it must be made clear that these unusual circumstances have not been
created by the applicant. Upon acquiring the land, they did not know that a subsequent,
more accurate survey would reveal a measuring discrepancy equal to just over 6 inches
over a linear distance of 100 feet, or 3 inches for each of the 2, 50-foot wide lots
contemplated.

This admin adjustment also satisfies 12.4.7.5.D.’s unusual conditions test.

Per subsection D.1:

“….the proposed adjustment or variance will result in a building form that is more compatible,
in terms of building height, siting, and design elements, with the existing neighborhood in
which the subject property is located.“

Per Subsection D.2., the “existing neighborhood” consists of both the face block the project
sits on, and the face block across Bellaire to the east and E. 17th Avenue to the north. And
per Subsection D.3., the Zoning Administrator can consider buildings beyond these face
blocks. Figure 1 below demonstrates the surrounding development pattern, with a high
degree of compatibility. The granting of this variance will clearly compatible and will
enhance and preserve this development pattern.

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 Figure 1, Face Blocks Development Pattern, Affected Lot Shaded in Light Blue

.
12.4.7.6.

The granting of this variance request would not:

A. Authorize the operation of a primary use other than that permitted, because only a 2
single family homes will be permitted if the adjustment is granted, and the zoning’s
stated intent is to accommodate such uses, and the development pattern noted.
B. Change any waiver or condition because none exist.
C. Relate to the persons, or the number of persons, who do, will, or may reside in a
residential structure. If the adjustment is not granted, the larger home expected to result
on the larger lot would likely accommodate fewer residents than if the adjustment is
granted and 2 homes were allowed to be built. This relation is inconsequential and/or
de minimis, similar to the scope of measurable adjustment requested.
D. & E. Substantially impair the intent and purpose of the code or the applicable zone
district, primarily because the predominant development pattern on the block in
question would simply be replicated.
F. Substantially or permanently impair the reasonable use and enjoyment of adjacent
property. Granting the variance for the site would enhance the use and enjoyment of the
adjacent property because the resulting development pattern would match the
surrounding area.
G. And, would be the minimum change that afford relief and the least modification of the
applicable provisions of the Code. The change is at a minimum, and as noted barely
seeks an adjustment of 6 inches across 100 linear feet. The change simply facilitates the
use of the property as intended by the zoning.

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H. And, would adequately address any concerns raised by the Zoning Administrator. As of
this writing, the written concerns of the Zoning Administrator have not been made
available. However, we understand that there are no substantive concerns.

IV. CONCLUSION

This administrative adjustment request meets or exceeds the standards for granting an
adjustment because it shows unnecessary hardship through consistency with both DZC
sections12.4.7.5.B. and D. In addition, it meets all of the applicable review criteria of DZC
12.4.7.6.

For further information please see survey information provided as part of the zone lot
amendment application.

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