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HomeMy WebLinkAbout04/23/2009.~A. City of `~q Wheat~idge BOARD OF ADJUSTMENT AGENDA April 23, 2009 Notice is hereby given of a public meeting to be held before the City of Wheat Ridge Board of Adjustment on April 23, 2009, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 W. 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) 4. BOA MEMBERS TRAINING (materials to be distributed at meeting) 5. OLD BUSINESS 6. NEW BUSINESS A. Approval of minutes - January 22, 2009 ADJOURNMENT I City of ~Wheatlidge BOARD OF ADJUSTMENT Minutes of Meeting January 22, 2009 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board by Chair BUCKNAM at 7:00 p.m. in the City ( Building, 7500 West 29th Avenue, Wheat Ridg- was called to order ers of the Municipal 2. Board Members Y Staff Members Pi 3. PUBLIC FORD: No one wished to 4. PUBLIC HEAR A. Case. ROLL CALL Janet Bob] Alan Board Members Present: Abbott Adair Tietz, Planner I 1eff Hirt, Planner rI Ann Lazzeri, Secretary Board at this time. An application filed by John and Janet Jackson for approval of a 5.5 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 24.5 foot side yard setback for property zoned Residential One and located at 3225 Miller Street. This case was presented by Adam Tietz. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. He noted that there were two letters of opposition contained in the staff report. Staff found there are unique circumstances attributed to the request that would warrant approval of a variance. Board of Adjustment Minutes 1- January 22, 2009 Board Member LINKER asked how far the garage would have to be shifted to the west in order to stay within the setback regulations. Mr. Tietz estimated another 15 or 20 feet. John and Janet Jackson 3225 Miller Street Mr. and Mrs. Jackson, the applicants, were sworn by Chair BUCKNAM. Mr. Jackson stated that his present garage only accommodates one vehicle and he would like to build another garage to accommodate their second vehicle. He stated the garage would match the exterior of their home , Board Member LINKER asked the reason for a 5 fit vari ce. Mrs. Jackson stated that a regular sized garage would fit withouYa variance but they want to have a little room for storage space. She stated that`storage spate in the garage would eliminate an existing storage building" on the property. Iv rl~ and Mrs. Jackson also stated that a variance of 2 8 feet less than the original re 9t would be sufficient. In response to a question from Board Member BELL, Mr. Tietz explained that a decrease in a variance request mould not require a rew hearing. Only in cases of requests for an increased variance doffs >Xecome necessary to advertise and conduct another hearing. y Board Member BB-LL commented tfWshe is very` familiar with this property and because of the drop-off f m 32"d Avenue she did not believe the garage would be intrusive. F Ether the g"e would notb adjacent to another residence to the south. BB M Ivlem~eh BLAMasked if the Jackson's had discussed the project with Ierghbors other than those whysubmitted letters of opposition. Ms. Jackson re~.ied that they had contacf neighbors and some were in favor and some where olfosd. Mr JaclCSOn saidthere was concern by some of the neighbors that the gazageuld create visual barrier. He stated that the 7% slope from the street d placefrnt of tke garage behind the original garage and behind the fence an would not present a visual barrier to the neighbors. Chair BUCKNAM asked to hear from members of the public. Glen and Lynn Honaman 3275 Miller Mr. And Mrs. Honaman were sworn by Chair BUCKNAM. They live next door to the applicants and stated they had no problem with the addition of the garage on the Jackson's property. However, Mr. Honaman expressed concern with construction that is occurring in the neighborhood. He stated that construction on the property across the street from his property on 33`a has upset the flow of the Board of Adjustment Minutes -2- January 22, 2009 neighborhood. He and other neighbors want to keep the open feeling in their neighborhood. Board Member HOVLAND commented that the proposed garage has a good design and would not be intrusive. Opposition was probably out of concern about the property across street and the Jackson's proposed garage is nothing of that scale. Board Member BUCKNAM agreed that the perceived setback of the garage in relation to the street it fronts on would present minimal impact to the neighborhood. A ` Board Member LINKER asked if the roof would house. The applicants indicated that it would hai would support the application although he did nb hardship. Upon a motion by Board Member E PAGE, the following resolution was WHEREAS, the applicant officer; and roof to match the £ He stated that he e Nvas a real by Board Member an administrative WHEREAS, Board of Adjustment Cos No - " 408-16 is an appeal to this Board from the decry on of an admen strative officer; and WHEREAS; fheproperEy has been posted the fifteen days required by law, and in recognition eres~rotests egistered against it; and I for may be granted without detriment to the bstantially impairing the intent and purpose of City of Wheat Ridge. , BE IT RESOLVED that Board of Adjustment WA-08-16 be and hereby is APPROVED. For the follow-iug reasons: The side yard setback variance will not alter the character of the neighborhood in that the impact is diminished because of the grade change from 32"d Avenue. 2. There will be no negative impact to the public welfare or other properties in the area as the garage is proposed to be built on the south side of the property away from other homes. Board of Adjustment Minutes -3- January 22, 2009 3. The request will not substantially increase the congestion in public streets, encroach into the sight distance triangle, increase the danger of fire or endanger the public safety. 4. There are unique conditions on the property that create a hardship for the garage to be built in compliance with the R-1 development standards. 5. 6. The said hardships on the property have not been created by the owner or any person currently having an interest in the property. The conditions necessitating the request neighborhood and are not unique to the. With the following condition: 1. The garage must be complimel architectural style to the home through review of a building p Board Member BLAIR asked ti applicants indicated that would Board Member slope from 32°a leeway in cased no impact on'fi in in the review be approved since the in this area and the original x nest would give the applicants a little soil problgms. Further, the extra 2.8 feet would have ABBOTT absent. 5. CLOSE 11 ' CHR"uc 6. OLD BIM There was hearing. business to come before the Board. 7. NEW BUSINESS A. Approval of Minutes - December 10, 2008 It was moved by Board Member BLAIR and seconded by Board Member HOVLAND.to approve the minutes of December 10, 2008 as presented. The motion passed unanimously. Board of Adjustment Minutes -4- January 22, 2009 B. Resolution Designating a Public Place for Posting of Notices of Public Meetings The resolution identifies the lobby of the Municipal Building as the designated place for posting of public meeting notices. It was moved by Board Member BELL and seconded by Board Member PAGE to approve Resolution 01-2009 establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. The motion passed unanimously. C. Mr. Tietz stated that, according to revised BO bylaws, four alternates are to be appointed to the Board by City Council to ensure that there would always be a full Board present to hear eases.' He asked tlfat Board members get in touch with staff wfli~suggestions of people who could serve in this capacity. D. As part of the comprehensive plan review fJeff Hirt asked if Board members would be wiling to partictpatdWq joint study session with Planning Commission t&- uss restdentidlFd oelopment standards. There was consensus to particzpatein a joint study =session. Board members will be advised when a Rib is set. Board Member HOVLAND stated that he would be out of town fortha=eXt scheduled Board meeting. E. Mr. Ti U referredto a letter irithe packet from Wheat Ridge 2020 annunetng its thv[d Planning and Development Academy starting in February y9h*)A9_its mteresfed in attending should contact Denise 8. was adjourned at 7:57 p.m. Alan Buckntn, Chair Board of Adjustment Minutes January 22, 2009 Ann Lazzeri, Secretary 5-