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HomeMy WebLinkAbout05/28/2009City of 4, V, ]~qrWh6atP,idge BOARD OF ADJUSTMENT AGENDA May 28, 2009 Notice is hereby given of a public meeting to be held before the City of Wheat Ridge Board of Adjustment on May 28, 2009, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 W. 291h 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. PUBLIC HEARING A. Case No. TUP-09-01: An application filed by Stephen Buss for Conti Automotive Repair for approval of a 1-year Temporary Use Permit to allow a temporary storage container on property located at 9544 West 44th Avenue and zoned Commercial One (C-1). 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of minutes - April 23, 2009 8. ADJOURNMENT CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT City of Wheat --ge COMMUNITY DEVELOPMENT TO: Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME: TUP-09-0 I /Conti Automotive DATE OF MEETING: May 28, 2009 ACTION REQUESTED: Approval of a one year temporary permit to allow 1 temporary storage container on property located at 9544 West 44`h Avenue and zoned Commercial One (C- 1). LOCATION OF REQUEST: 9544 West 44`h Avenue APPLICANT (S): Stephen Buss, Conti Automotive Repair OWNER (S): Stephen Buss, Conti Automotive Repair APPOXIMATE AREA: 13,068 square feet (.3 acres) PRESENT ZONING: Commercial One (C-1) PRESENT LAND USE: Auto Repair ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANCE Location Map JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 1. REQUEST The applicant, Stephen Buss of Conti Automotive Repair, is making this request as the property owner (Exhibit 1 Letter of Request). The request is for approval of a one year temporary permit to allow one temporary storage container on property located at 9544 West 44`h Avenue and zoned Commercial One (C-1). The temporary storage container is approximately 8 feet wide and 20 feet deep and approximately 8 feet in height (Exhibit 2, Photographs). The purpose of the request is to allow the existing temporary storage container to remain on the site while the applicant determines how to accommodate necessary storage within existing zoning regulations. The property owner is utilizing the temporary storage container after removing two dilapidated accessory buildings and consolidating the materials into the current container. The property owner is also undergoing improvements to the site, and this additional storage accommodates that process including construction materials and equipment. The Board of Adjustment is empowered to decide on requests for approval of one year temporary permits per Section 26-115.D.3 of the Code of Laws. II. CASE ANALYSIS The property in question is approximately 13,068 square feet in size and contains an approximately 2,200 square foot building used for auto repair. The property has street frontage on both 44`h Avenue and Hoyt Court. Applicable Code Regulations Chapter 26 of the Code of Laws does not allow accessory buildings or temporary storage containers outright on any commercially zoned property. There are two issues with having accessory buildings or temporary storage containers on commercially zoned property: 1. Temporary storage containers and accessory structures are not listed as allowed as a permanent use per Section 26-204 (table of allowed uses) for property zoned C-1. 2. Per Section 26-614.D, temporary storage containers are allowed for "active" construction projects. An active construction project is any project that requires a building permit through the City. The policy of the Community Development Department has been that any project that requires a building permit may be considered an "active construction project" for the purposes of this regulation. The property actually does have one active building permit for a furnace, but that permit is set to expire in September of this year. The use of the storage container is not needed to accommodate the active building permit however. Case History and Applicant Options A violation of the Code of Laws was issued on March 16, 2009 for the temporary storage container. Following this citation, planning staff met with the applicant to outline the options for accommodating the needed storage space on the property. The following options were communicated to the applicant: 1. Remove the structure from the site. 2. Allow the temporary storage container only while there is an open building permit and an active construction project. The applicant however felt it was unlikely that there would be an active construction project for the duration that the storage container will be needed. 3. Construct an addition to the existing structure in compliance with applicable development Board of Adjustment May 28, 2009 TUP-09-01 /Conti Auto standards (e.g., setbacks, height, etc.). 4. Apply for a temporary permit per 26-115.D of the code that may be approved as follows: a. A 30 day temporary permit for the structure may be applied for and approved administratively. No more than two extensions to the 30 day period may be approved. b. A one year temporary permit may be approved by the Board of Adjustment at a public hearing. 5. Apply for a planned building group to allow another primary structure on the site. A planned building group may be approved as follows: a. No one building may be less than 1,000 square feet in size. b. Per Section 26-116.1) of the code, for less than 4 temporary buildings, the application may be approved administratively without a public hearing. c. For 4 or more temporary buildings, the application must be heard at a public hearing before the Planning Commission. d. The building would also have to be in compliance with the standards in the Architectural and Site Design Manual (ASDM). In consultation with the applicant, staff recommended a one year temporary permit be applied for to allow time to consider long term options to accommodate the storage needs of the property. It should be noted that a similar case was approved directly west of the subject property for four temporary storage containers of the same size at the December 10, 2008 Board of Adjustment public hearing (Case No. TUP-08-02). Temporary Storage Container There is one temporary storage container currently on the property. It sits immediately adjacent to the main building, approximately 30' from the Hoyt Court right-of-way (Exhibit 3, Site Plan). The container is not considered a structure for the purpose of building code requirements and any development standards such as setbacks, nor any architectural standards. It does not have any type of foundation or anchoring into the ground that would make it permanent. Further, as the storage container is metal, it is considered a noncombustible item, thus not subject to any concern regarding fire codes. The storage container does not block any required parking spaces, access, or fire lanes. The property is surrounded by nonresidentially zoned and used property on all sides. To the west is an office use zoned Commercial One (C-1), to the south is also an office use zoned C-1 and to the east is a car wash zoned C-1 as well. It is also noteworthy that staff is considering revisions to the city's accessory building and temporary storage container regulations for commercial properties. The lack of flexibility to allow additional storage on commercial properties has been problematic for many businesses and property owners. It is anticipated that within the next year these regulations will be evaluated and there is the possibility that more flexibility may be provided in the code. II. TEMPORARY PERMIT CRITERIA Staff has the following comments regarding the findings of fact set forth in Section 26-115.D.4 for temporary permits: 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. Board of Adjustment May 28, 2009 3 TUP-09-O1/Conti Auto The container should not have an effect upon the general health, welfare, safety and convenience of persons in the surrounding area. It is located generally away from view and not blocking any access or parking. 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area. The container should not adversely affect the adequate light and air to adjacent properties. The storage container sits adjacent to the main building and is set back more than 30' from both street frontages and further back from any adjacent structure than the main building. There will be no increase in impervious surfaces on the property, so the request should not impact drainage on the property or surrounding properties. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The request will not result in traffic congestion or traffic hazards. There will be no impact to parking or loading areas on or off site. The temporary container is located adjacent to the main building, not impacting any required parking or restricting access. 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties. The storage container is not classified as a structure and does not have any type of foundation or anchoring in the ground. With this, development standards such as setbacks, height, and parking are generally not applicable as long as they do not present any hazardous conditions or significant aesthetic concerns. The location of the containers is the most acceptable on the site relative to the street and adjacent properties. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. The request has no impact on the capacities of streets, utilities, parks, schools, and other public facilities and services. III. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above findings of fact are supportive of the request to allow one temporary storage container. Therefore, staff recommends APPROVAL for the following reasons: 1. Approval of the temporary storage container would not alter the essential character of the locality. 2. Approval of the temporary storage container would not be injurious to other properties in the neighborhood. 3. The temporary storage container will not result in traffic congestion or traffic hazards. 4. Approval of the temporary storage container will accommodate a business owner in need of storage and allow time to consider long term options. With the following condition: 1. The temporary storage container shall be allowed for one year. The one year time period shall begin with the approval from the Board of Adjustment on May 28, 2009. Board of Adjustment May 28, 2009 4 TUP-09-0 1/Conti Auto EXHIBIT 1: LETTER OF REQUEST Conti Automotive repair, inc. 9544 W 44`x' Ave. Wheat Ridge, CO 80033 City of Vbltea# Ridge To whom this may concern-. This letter is in regards to the violation of city code concerning storage containers. Having been able to purchase the property, alter 17 years of leasing, it was our desire to make some improvements to the building and property to look more like an outstanding business in the Wheat Ridge husinem community. We removed an unsightly green office trailer and a rotten wood shed in favor of a container painted the same color as the building which stakes it look like an extension to the building. We did not realize it was against code having seen many containers around town similar to the one we are using so we figured it would be just as appropriate. It is our desire to clean out the building and the property and make long, overdue repairs/improvements, hence the use of the storage container. There is equipment, pam and other tools we need to remove: and replace some concrete work as well as some fence work to tie done. As some of this is expensive we figure it would take some time to complete the project. The container gives us the extra room to shuffle equipment around and a place to keep construction materials and tools needed. We would like to apply for a 1 year temporary use permit as we feel this would be enough time to complete the majority of these projects. Thank you, Steve Buss Q-I rn/ h O 0 00 N w ~ll W M--I 00 M N w . City of ~WheatR:idge BOARD OF ADJUSTMENT Minutes of Meeting April 23, 2009 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board of Adlusfinenvas called to order by Chair BUCKNAM at 7:00 p.m. in the City CouncaI Giambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Ctslorado, a 2. ROLL CALL Board Members Present: Bob Blau Alan Buck Rvan Fisher Board Members Betty Jo Page ADA, Staff Members Present Adam Tietz, Planner I IT Hirt, Planner II Meredith Reckert, Senior Planner Jerry Dahl, City Attorney 3. PUBL=IC FORUM No one cashed to address the Board at this time. 4. BOA MEMBERS TRAINING Meredith Re kert and Jerry Dahl led the training discussion with materials distributed by Mr. Dahl. 5. OLD BUSINESS There was no old business to come before the Board. Board of Adjustment Minutes April 23, 2009 6. NEW BUSINESS A. Approval of Minutes - January 22, 2009 7. Board of Adjustment Minutes -2- April 23, 2009 It was moved by Board Member Blair and seconded by Board Member Abbott to approve the minutes of January 22, 2009 as presented. The motion passed unanimously.