HomeMy WebLinkAbout03/27/2008city of
WheatP~idge
BOARD OF ADJUSTMENT
AGENDA
March 27, 2008
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on March 27, 2008, 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.
CALL THE MEETING TO ORDER
2. ROLL CALL
PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
4. PUBLIC HEARINGS
A. Case No. WA-07-23: An application filed by Mary Austin for approval of a 7.5
foot side yard setback variance from the 15 foot side yard setback requirement resulting in a 7.5 foot side yard setback on property zoned Residential-One (R-1)
and located at 15 Twilight Drive.
B. Case No. WA-08-01: An application filed by the City of Wheat Ridge Parks &
Recreation Deparhnent for approval of a 3 foot variance to the 4 foot maximum
fence height requirement within a minunum 30 foot front yard setback AND a 1
foot variance to the 6 Foot maximum fence height requirement behind the front
setback line resulting.in a 7 foot fence on property zoned Commercial-One (C-1)
& Agricultural-Two (A-2) and located at 4315 Van Gordon Street.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
NEW BUSINESS
A. Approval of minutes - January 24, 2008
B. Election of Officers
8. ADJOURNMENT
FWH~T
~i Re OF WHEAT RIDG~
FCITY
ANNI~TG DIVISION S3'AFF REPORT
C~~ORP00
TO: Board of Adjustments CASE MAIVAGEA: Adam Tietz
CASE NO. & NAME:
WA-07-23/Austin DATE: March 27, 2008
ACTION REQUESTED:
Approval of a 7.5 foot side yard setback variance from the 15
foot setback requirement resulting in a 7.5 foot side yard setback
on proper[y zoned Residential One (R-I).
LOCATION OF REQUEST:
15 Twilight Drive
APPLICANT (S):
Milt and Mary Austin
JS3'NER (S):
Milt and Mary Austin
APPROXIMATE AREA:
(3,514 square feet (31 acre)
PRESENT ZONING:
Residential- One (R-1)
PRXi SENT LAND USE:
Single Family Home
ENTFR INTO RECORD:
(X) CASE FILF, & PACKEI
' MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Location Map
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All notification and posting requirements have been met; therefore, there is jurisdiction to
hear this case.
I. REQUEST
The applicant is requesting approval of a 7.5 foot side yard setback variance for the
purpose of constructing a 117 square foot shed, resulting in a 7.5 foot setback. All other
development standards have been met.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the
Board of Adjustment to heaz and decide on variances from the strict application of the
zoning district development standards. Variance requests of over 50% from the
development standards are required to be heard at a public hearing, before the Boazd of
Adjushnent.
II. CASE ANLYSIS
The applicants, Milt and Mary Austin, is requesting the above variance as the property
owner of 15 Twilight Drive. The property is located in the Paramount Heights
Subdivision on Twilight Drive in an R-1 zone district. The property is bounded by
Rangeview Dr. to the north, Dawn Ct. to the east, and Twilight Dr. to the south. The lot
is 13,514 square feet or .31 acres. The R-1 zone district allows for maacimum lot
coverage of 25%. Based on a lot size of 13,514 square feet, 3,378.5 square feet of lot
coverage is allowed. The home and other existing improvements on the property cover
approximately 2,778 square feet or 20.5% of the lot.
The applicants wish to construct a 117 square foot, wood frame shed that is 10 feet high
on the west side of the home within the required side yard setback (Exhibit 11 Site Plan).
The R-1 zone district allows for single family dwelling units and accessory structures,
which includes sheds. The required setback in an R-1 zone district for all accessory
structures is 15 feet. The proposed shed would be 7.5 feet from the west property line.
With the proposed shed, the lot coverage would increase the lot coverage to 2,895 square
feet or 21.4%.
The property in question is unique in that it has 3 street frontages (Exhibit 2, Street Map).
In situations where a property has more then one street frontage the setbacks along those
streets are increased to 30 feet. This may limit the ability of some owners to place ar
construct accessory shuctures on their property. However, the lots in this particular
subdivision were platted lazger then the R-1 minimum lot size of 12,500 squaze feet,
including the property in question. Even with the increased setbacks on 3 sides, the
properry has a large amount of space where improvements can be made (Exhibit 3, Site
Photo). The shed is proposed to be conshucted on the side of the home that does not have
any street frontage but is constrained as the result of the home already being
approximately 2 feet from the setback requirement Exhibits 4 and S; Site Photos
Board of Adjustment
WA-07-23/Austin
There has only been one variance granted on the block since the subdivision was platted.
The variance was for a fence height in 2006 at 14 Twilight Dr. A visual inspection of the
aerial photographs, research of building files and site visits reveal there are very few
properties in the neighborhood with accessory structures (Exhibit 6, Aerial Photo). It
appears that the properties that do have accessory structures comply with the required 15
foot side yard setback requirement.
The Community Development Director is empowered to decide upon applications for
which a variance of fifty (50) percent or less is being requested from the strict application
of the development standards pertaining to the zone district. He has denied the applicants
the right to an administrative review and has required the application be heard at a public
hearing where the decision will be made by the Boazd of Adjustments.
III. VARIANCE CRITERIA
Staff has the following criteria to evaluate vaziance requests and shall determine that the
majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have
been met. The applicant has provided their analysis of the applications compliance with
the variance criteria (Exhibit-7). Staff provides the following review and analysis of the
variance criteria.
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 were denied, the property would still yield a reasonable return in
use. The property currently has a single family home and it may remain in this
manner regardless of outcome of the variance request. If denied, the applicants
would still be able to construct a shed but it would be required to meet the
setbacks for the R-1 zone district.
Staff fmds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality could possibly be altered.
The subdivision consists of large lot, low density single family residential units.
There aze very few homes in the area that do have accessory structures. Of the
homes that do have them, the structures have been built in compliance with the
setbacks.
Staff finds this criterion has not been met.
3. The applicant is proposing a substantial investment in the property with this
application, which would not be possible without the variance.
Board of Adjustment
WA-07-23/Austin
The applicant is proposing an investment in the properly that could improve the
existing conditions on the property. The investment in the property would still be
possible without the granting of this variance. The large lot does provide other
areas where the shed could be conshucted that would meet the setback
requirements.
Staff finds this criterion has not been met.
4. The particular physical surrounding, shape or topographical condition of the
specific property involved resutts in a particular and unique hardship (upon
. the owner) as distinguished from a mere inconvenience if the strict letter of
the regulations were carried out.
There are surrounding physical conditions that have resulted in the request for the
shed to be constructed on the west side of the property. The property has three
street frontages and the setbacks along those property lines are increased to 30
feet because of it: However, the shape, topography and the location of the home
do not preclude the construction of a storage shed in the appropriate location.
Staff finds this criterion has not been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
A person who has interest in the property has caused the hardship. The request
relates to the location of the proposed storage shed that does not meet current
development standards. It is possible to relocate the proposed shed in a location
on the property where the required side yard setback could be met.
Staff finds this criterion has not 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
permanentty 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 be detrimental to public welfaze and would not be injurious
to neighboring property or improvements. It would not hinder or impair the
development of the adjacent property. 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 increase the danger of fire. The request
Board of Adjustment
WA-07-23/Austin
will most likely not have an effect on property values in the neighborhood. The
home would not cause an obstruction to motorists on the adjacent street and
would not impede in the sight distance triangle.
Staff fmds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The circumstance necessitating the variance request is the fact applicant would
like to construct the shed in a location that will be screened from the public view
as much as possible. The request is unique in that there are very few homes with
accessory structures in the area. It is also unique that the shed is proposed to be
constructed within the required side yard setback in relation to the rest of the
neighborhood as the few homes that do have them, haue constructed them in a
location where they do meet the setback requirement.
Staff finds this criterion has not been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single family homes and their accessory structures are not required to meet
building codes pertaining to the accommodation of persons with disabilities.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Sile Design Manual.
The Architectural and Site Design Manual does not apply to single and two
family dwelling units.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having reviewed the application for a 7.5 foot side yard setback variance at 15 Twilight
Drive. Staff has found there not are unique circumstances attributed to this request that
would warrant approval of the variance.
The applicable review criteria are not supportive of the request; therefore, staff
recommends DENIAL for the following reasons:
Board of Adjushnent
WA-07-23/Austin
1. Grranting of the variance could potentially change or alter the character of
the neighborhood as a majority of the shuctures in the neighborhood all
meet the required side yard setback requirements.
2. Other opportunities may exist where the shed could be constructed while
complying with the development standards in the R-1 zone district.
3. The hardship has been created by a person having interest in the property.
4. There are no physical conditions or other irregular conditions present on the
properiy or neighborhood that would preclude the shed from being
constructed in a manner that meets the set back requirements.
Board of Adjustment
WA-07-23/Austin
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Exhibit 2
Board of Adjustment 8
WA-07-23/Austin
Exhibit 3
Board of Adjustment
WA-07-23/Austin
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Exhibit 6
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WA-07-23/Austin
Ftesponse to Variance Griteria
ihed PIacemenf
15 °I°wilight Dr.
4V€9{tora and Mary Austin (Owners)
A. The placement of tt'is sheci vvill increase starage and value
For any property owner a# this property. 1# wiil increase the
Over a{I desirab€lity and value of thi~ ~~operty.
B~ t do not feel tha# gran#ing of this wariance will efifeet
The the essential characteY o# this Ioca(ity, in fact
'1'he shed should blend in nieelya,
C. l°he inrrestment that ! arrrt rrraking is the actua!
Variance request itself. 7'he firne and money spent ~
By myseff is for the goad of aII. I am tryinq taa put ~
1'he sheti iri the most inconspicuous place possible. W
So as to no# make it o'atstaiiding or overly visfble
In th~ locality.
D. This unique property has 3 frontage streets. The proprsed
PEacement Of thls shed wrll mir,im'sze its visibility from
The fresntage streets.
E. The shape af the yard and €rontage streets of the property
Has not been createef by any person havirag interest in the
Property
F. The focation of the shed wauld not be anjurious tn the
Deve9opment Qf aeay adjacent property ncsr weauld it be
Detriniental to pubiic welfare. ft wil{ no# impair adequate
Supply of light ar air to the adjacent praperty. it will not
Affect congestiQn on psabiic streets in any way+. ft will not
Endanger public safetli or diminish property vafues in
The neigtsborhsscac3. It shauld not increase fire danger.
G. 6 tiave noticed that it i-s not uniasual far sheds tca be
Piaced closer that staEidard var(anee ailows iro this
neighboncood.
FWH~T
CTTY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
C~<ORP00
TO: Board of Adjustments CASE MANAGER: Adam Tietz
CASE NO. & NAME: WA-08-O1/Parks and Rec DATE: March 27, 2008
ACTION REQUESTED: Approval of a 3 foot fence height variance to the masimum 4
foot fence height limit within the 30 foot front yard setback
AND a 1 foot fence height variance to the maximum 6 foot fence
height limit behind the front setback line resulting in a 7 foot
high fence on property zoned Commercial-One (G1) and
Agricultural-Two (A-2).
LOCATION OF RE, QUEST: 4315 Van Gordon St.
APPLICANT (S): City of Wheat Ridge Parks and Recreation Department
OWNER (S): City of Wheat Ridge, Coforado
APPROXIMATE AREA: 54,537 square feet (1.25 acres)
PRESENT ZONING: Commercial-One (C-1) and Agricultural-Two (A-2)
PRESENT LAND USE: Vacant land
FUTURE LAND USE: Parks and Open Space (P)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Location Map
Site
w~•i..^ azm
Case No. WA-08-0 1/Parks and Rec 1
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to
hear this case.
1. REQUEST
The applicant is requesting approval of a 3 foot fence height variance to the maximum 4
foot fence height limit within the 30 foot front yard setback and a 1 foot fence height
variance to the masimum 6 foot fence height limit behind the front setback line resulting
in a 7 foot fence. The property is currently undeveloped and will remain in this manner.
It will be used for the storage of landscape and plant materials integral to the operations
of the Parks Department.
Section 26-115.C (Variances and Waivers) of the Wheat Ridge City Code empowers the
Board of Adjustment to hear and decide on variances from the strict application of the
zoning district development standards. Variance requests of over 50% from the
development standards are required to be heard at a public hearing, before the Board of
Adjustment.
II. CASE ANLYSIS
The applicant, The City of Wheat Ridge Parks and Recreation Department, is requesting
the above variance as the property owner of 4315 Van Gordon Street. (Exhibit 1, Letter
of Request). The property is located south of W. 44`h Ave on Van Gordon St. where the
street dead ends into the property for which the variance is being requested. The property
is encompassed by both the Gl and A-2 zone districts. The C-1 zone district extends
approximately onto the northern quarter of the lot while the remaining three-quarters is
zoned A-2. The lot is 54,537 squaze feet or 1.25 acres and is currently undeveloped. A 7 foot,
chain link fence already exists on the east and south property lines (Eaihibit 2;: Site
Photos). The property had been previously used as greenhouse and landscape nursery
with green houses on the premises. The applicant has since demolished the buildings that
had been on the property and it is now unimproved (EzhibiY 31Site PhoLOS).
The properiy is bounded to the north with light industrial and office/wazehouses uses that
have commercial zoning. Tabor Lake and the Clear Creek Open Space abut the property
to the south and east while residential uses with the corresponding zone districts are
located to the west (E~tliit 4: AertaKPfiotoerarihl.
Both the C-1 and A-2 zone districts allow for fences up to 6 feet in height on the entire
properry except if the fence is located in the required 30 foot front setback area. If a
fence is located witlun the front setback, the height must be reduced to 4 feet. The
applicant will wishes to construct a 7 foot, chain link fence to provide extra security,
provide additional screening to the surrounding properties, and to match the fence height
of the existing fen'ce already on the east and south sides of the property (E004 5,~Site
Ptan). _
Case No. WA-08-O1/Parks and Rec 2
The applicant has indicated that the fencing is needed to enclose the property as it will be
used as a storage facility for landscaping materials such as mulch, compost, limbs, rocks
and trees and other plants. Section 26-624 of the City of Wheat Ridge Code of Laws
requires that such bulk storage materials be screen from view from adjacent properties by
a view obscuring fence that is six feet in height.
There has been no fence height variances granted within the area. Several variances have
been granted primazily to setback requirements and sign height. The majority of
variances that have been granted have been to businesses along W. 44h Ave.
III. VARIANCE CRITERIA
Staff has the following criteria to evaluate variance requests and shall determine that the
majority of the "criteria for review" listed in Section 26-115.C.4 of the City Code have
been met. Staff provides,the following review and analysis of the variance criteria.
Request A: 3 foot fence height variance to the 4 foot limit in a front setback area.
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 were denied, the property would still yield a reasonable return in
use. The property currently is undeveloped and it may remain in this manner
regardless of outcome of the variance request. However, if denied, the applicants
would not be able to use the property as proposed as it is required that this type of
use be screened by a 6 foot fence.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, the character of the locality would most likely not be
altered. The property is surrounded by open space and light industrial operations
which should not be impacted by the fence. In addition, a 7 foot chain link fence
already exists on two sides of the property. The fence will provide additional
screening to the surrounding properties as well.
Staff finds 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 applicant is proposing an investment in the property that will lead to the
property being able to be used in a manner that is reflected in the Comprehensive
Case No. WA-08-O1/Parks and Rec
Land Use Plan that is also suitable for the zoning and the area. An investment of
another type would be possible without the variance request but a variance to the
fence height in the front setback area would be required regardless, if the property
is to be used as proposed.
Staff finds this criterion has been met.
4. The particular physical surrounding, shape or topographical condition of the
specific property involved results in a particular and unique hardship (upon
the owner) as distinguished from a mere inconvenience if the strict letter of
the regulations were carried out.
The surrounding physical conditions that have not resulted in the request for the
fence to be constructed 7 feet high the property is rectangular in shape, and is
relatively flat The surrounding physical conditions that have not resulted in the
request for the fence to be constructed 7 feet high in the front setback area. The
hardship has come as a result of City Code requiring that properties to be used for
the storage of landscape materials be screened by a 6 foot fence.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
A person who has interest in the property has not caused the hardship. The request
relates to the height of the fence in the front yard setback but a minimum 6 foot
fence is required for the use that is being proposed on the property.
Staff finds 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 be detrimental to public welfare and would not be injurious
to neighboring property or improvements. It would not hinder or impair the
development of the adjacent property. 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 increase the danger of fire. The request
will most likely not haue an effect on property values in the neighborhood. The
Case No. WA-08-0 1/Parks and Rec
fence would not cause an obshuction to motorists on the adjacent street and
would not impede in the sight distance triangle.
Staff finds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
The circumstance necessitating the variance request is the fact city code requires a
minimum 6 six foot fence be used to screen the proposed use from view. There
are 7 foot fences already in the neighborhood and lot. The owner is requesting the
variance in order to be consistent with the conditions that are already present on
the property.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
The property will remain undeveloped and will not be required to meet building
codes pertaining to the accommodation of persons with disabilities.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
No new buildings or other improvements to the site aze being made to the site.
The Architectural and Site Design Manual is only applicable when a new building
or a major addition is constructed on commercial, industrial, and multi-family
residential properties.
Staff finds this criterion is not applicable.
Request B: 1 foot fence height variance to the 6 foot limit behind the front setback area
1. The property in question would not yield a reasonable return in use, service
or income if permitted to be used oniy under the conditions allowed by
regulation for the district in which it is located.
If the request were denied, the property would still yield a reasonable return in
use. The property currently is undeveloped and it may remain in this manner
regardless of outcome of the variance request.
Staff finds this criterion has not been met.
2. The variance would not aiter the essential character of the locality.
Case No. WA-08-0 1/Parks and Rec
If the request were granted, the chazacter of the locality would most likely not be
altered. The properiy is surrounded by open space and light industrial operations
which should not be impacted by the fence. In addition, a 7 foot chain link fence
already exists on two sides of the property. The fence will provide additional
screening to the surrounding residential properties as well.
Staff finds 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 applicant is proposing an investment in the property that will lead to the
property being able to be used in a manner that is reflected in the Comprehensive
Land Use Plan that is also suitable for the zoning and the area. A 6 foot fence
would be allowed to be constructed without a variance but would it would not be
consistent with the conditions that are present on the property.
Staff finds this criterion has been met.
4. The particular physical surrounding, shape or topographical condition of the
specific property involved results in a particular and unique hardship (upon
the owner) as distinguished from a mere inconvenience if the strict letter of
the regulations were carried out.
The surrounding physical conditions that have not resulted in the request for the
fence to be constructed 7 feet high the property is rectangular in shape, and is
relatively flat.
Staff finds this criterion has not been met.
5. The alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
A person who has interest in the property has not caused the hardship. The
applicants wish to screen the residential property to the west from the proposed
land use and to construct the fence so that it is similar in nature to the fencing on
the rest of the property.
Staff finds 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
Case No. WA-08-O1/Parks and Rec 6
increasing the danger of fire or endangering the public safety, or
substantially diminishing or impairing property vatues within the
neighborhood.
The request would not be detrimental to public welfare and would not be injurious
to neighboring property or improvements. It would not hinder or impair the
development of the adjacent property. 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 increase the danger of fire. The request
will most likely not have an effect on property values in the neighborhood. The
fence would not cause an obstruction to motorists on the adjacent street and
would not impede in the sight distance triangle.
Staff finds 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.
There are 7 foot fences already in the neighborhood and lot. The owner is
requesting the variance in order to be consistent with the conditions that are
already present on the property.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
The property will remain undeveloped and will not be required to meet building
codes pertaining to the accommodation of persons with disabilities.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual.
No new buildings or other improvements to the site are being made to the site.
The Architectural and Site Design Manual is only applicable when a new building
or a major addition is constructed on commercial, industrial, and multi-family
residential properties.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Request A: 3 foot fence height variance to the 4 foot lunit in a front setback area.
Case No. WA-08-0 1/Parks and Rec 7
Having found the application in compliance with the majority of the applicable
review criteria, staff recommends approval of the 4 fence height variance request.
Staff has found that there are unique circumstances attributed to this request that
would warrant approval of a vaziance. Therefore, staff recommends APPROVAL
for the following reasons:
1. The request will not alter the character of the neighborhood.
2. The request would not be detrimental to public welfare.
3. The variance would result in the addition having a minimal impact on the
surrounding properties.
4. The request is consistent with the existing conditions on the property.
With the following conditions:
1. The fence must be screened with slats, mesh, or other similaz material that
is durable:
2. The color of the screening materials sha11 be non intrusive in color and
reflect the character of parks and open space.
Request B: 1 foot fence height variance to the 6 foot limit behind the front setback area
Having found the application in compliance with the majority of the applicable
review criteria, staff recommends approval of the 1 foot fence height variance
request. Staff has found that there are unique circumstances attributed to this
request that would wanant approval of a variance. Therefore, staff recommends
APPROVAL for the following reasons:
1. The request will not alter the character of the neighborhood.
2. The request would not be detrimental to public welfare.
3. The variance would result in the addition having a minimal impact on the
surrounding properties.
4. The request is consistent with the existing conditions on the property.
With the following conditions:
1. The fence must be screened with slats, mesh, or other similar material that
is durable.
2. The color of the screening materials shall be non intrusive in color and
reflect the character of parks and open space.
Case No. WA-08-O1/Parks and Rec 8
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Case No. WA-08-O1/Parks and Rec Exhibit 1 9
EXh1b1t 2
Case No. WA-08-0 1/Parks and Rec 10
Exhibit 3
Case No. WA-08-OI/Parks and Rec
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Case No. WA-08-01/Parks and Rec
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♦~AI
CItY Of
Wheat id,ge
BOARD OF ADJUSTMENT
Minutes of Meeting
January 24, 2008
1.
2.
3.
4.
CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board of Adjustment was called to arder
by Chair BLAIR at 7:03 p.m. in the City Council Chambers of the Municipal
Building, 7500 West 29`i' Avenue, Wheat Ridge, Colorado.
ROLL CALL
Board Members Present
Board Members Absent:
Staff Membei-s Present:
Tom Abbott
Janet Bell
Bob Blair
Alan Buckuam
BettyJo Page
Larry Linker
Paul Hovland
Bob Howard
Meredith Reckert, Senior Planner
Adam Tietz, Planner I
Ann Lazzeri, Recording Secretary
PUBLIC FORUM
No one wished to address the Board at this time.
PUBLIC HEARINGS
A. Case No. WA-07-20: An application filed by Phil Benallo for approval of
(A) a l0-foot rear yard setback variance from the 30-foot rear yard setback
requirement when adjacent to a public street resulting in a 20-foot rear
yard setback (39`h Avenue); (B) an 11-foot front yard setback variance
from the 30-foot front yard setback requirement resulting in a 19-foot
front yard setback (39`h Place); and (C) a 15-foot side yard setback
variance fromlhe 30-foot rear yard setback requirement when adjacent to
a public street resulting in a 15-foot side yard setback (Ingalls Street); and
located at 6088 West 39"' P1ace.
This case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Board there was jurisdiction to hear the
Board of Adjustment Minutes - 1-
January 24, 2008
case. She reviewed the staff report and digital presentation.
The applicant is requesting approval of a three-fold variance request in order to
construct an addition to the existing single family home on the property. Staff
concluded that there are unique circumstances due to the property having three
street frontages, however the extent of the requests is excessive. There are
altematives such as reducing the size of the addition lessening the need for a
variance on at least one side. For these reasons, staff gave a recommendation of
denial for variances on three sides but would support variances on two sides with
conditions as set forth in the staff report. She entered a letter into the record from
S. A. Burson, 7311 Braun Way, Arvada, Colorado expressing opposition to a
variance being allowed on all three sides of the property. This letter was the same
as the one originally submitted to the Community Developmenf Director with a
change in date to January 22, 2008.
Board Member ABBOTT asked why Community Development Director had
declined to approve the case. Ms. Reckert explained the Director thought it
would be best for the case to be heard before the Board due to a letter of
opposition which was received from a citizen.
Board Member BELL commented that the proposed building would be within the
40% lot coverage.
Chair BLAIR asked to hear from the applicant and members of the public.
Phillip Benallo
6088 West 39`h Avenue
Mr. Benallo, the applicant, was sworn in by Chair BLAIR He stated that without
all three variances, the house would look out of proportion and would also affect
Yhe value. He stated that he would remove all the outbuildings and would not be
removing any trees. When the garage is built and outbuildings are removed, there
would be no vehicles parked outside the house. He plans to install matching brick
wainscoting around the house and incorporate the design to blend in with the
existing house.
Board Member ABBOTT asked why the garage has to be so long. Mr. Benallo
replied that the garage would accommodate a inotor home, a boat and his
vehicles. There would be a storage room above the garage.
Board Member PAGE expressed concern that the garage is so large that it could
accommodate a business. Mr. Benallo assured the Board that no business will
operate out of the garage and that it would simply accommodate his cars, motor
home and boat.
Board of Adjustment Minutes - 2-
January 24, 2008
Board Member BELL commented that removal of the present RV parking would
provide for more yard space making the property more attractive.
Jason Hart
6050 West 39"' Avenue
Mr. Hart was sworn in by Chair BLAIR. He expressed his support for all three
variances. He stated that he has lived at this address since 1998 and Mr.
Benallo's plan is the first improvement he has seen in the neighborhood. The
proposed improvement will eliminate parking the boat outside and therefore
improve Mr. Hart's property value as well.
Emmett James
6060 West 39`" Place
Mr. James was sworn in by Chair BLAIR: He has lived in the neighborhood for
thirty-one years. He spoke in support of the application and stated that the
addition to the house would be an improvement to the neighborhood.
Betty James
6060 West 30' Place
Ms. James indicated from the audience that she was in favor of the application.
Tony Thiemen
12000 Pecos Street, Westminster
Ms. Thiemen was sworn in by Chair BLAIR. She spoke in support of the
application. She stated that she is a ReMax realtor and a cousin of the applicant.
She has been involved with the applicant in making plans far the property. She
was confident that the addition, and the meticulous manner in which the applicant
takes care of his property; would improve the appearance of the neighborhood.
Larry Douglas
10413 Qwens Circle, Westminster
Mr. Douglas was sworn in by Chair BLAIR. He spoke in support of the
application. He stated that he is a friend of the applicant and has been involved in
the planning overthe past three years to construct an addition that would blend in
with the neighbarhood. The applicant's grandfather built the house and the
applicant has lived in the house for eighteen years and plans to continue living in
the neighbarhood.
There were no other individuals to address the Board at this time.
In response to a question from Board Meinber ABBOTT, Ms. Reckert stated that
the city had not adopted a Dark Skies ordinance.
Board of Adjustment Minutes - 3-
January 24, 2008
Board Member BELL indicated her support of the request. What the applicant is
proposing would be an improvement to existing conditions in the neighborhood.
It would also have better sight clearance than the property to the north.
Board Member BLAIR cominented that he knows of no other situation in the city
that compares to the applicanYs property.
Board Member BUCKNAM commented that it is favorable that the house is
being remodeled to remain a single family structure.
In response to a question from Board Member PAGE, Mr. Benallo stated that the
addition will not be constructed as a second unit.
Upon a motion by Board Member ABBOTT and second by Board Member
BELL, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there was one protest registered against it: and
Whereas, the relief applied for may 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. WA-07-20 (A), a 10=foot rear yard setback variance from the 30-foot rear
yard setback requirement when adjacent to a public street, be and hereby is
approved.
For the following reasons:
1. There are a considerable number of substantial encroachments in this
neighborhood within one block of this property.
2. There are seven other large residential structures within one block of
6088 West 39t" Place. All are in the Residential-Three zone district.
3. There is no living space above the over-height bay.
4. Staff found the first variance criterion has not been met and the
Board concurs.
5. Staff found that the second variance criterion has been met and the
Board wncurs.
6. Staff found the third variance criterion has been met and the Board
concurs.
Board of Adjustment Minutes - 4-
Jannary 24, 2008
7. Staff found that the fourth variance criterion has been met and the
Board concurs.
8. Staff found that the fifth variance criterion has not been met and the
Board concurs.
9. Staff found that the sixth variance criterion has been met and the
Board concurs.
10. Staff found that the seventh variance criterion has been met and the
Board concurs to a degree.
11. Staff found that the eighth variance criterion is not applicable and the
Board concurs.
12. Staff found that the ninth variance criterion is not applicable and the
Board concurs.
13. Several neighbors testified in favor of the variance.
With the following findings:
1. This variance is not on a lot line immediately abutting neighbors'
homes.
2. This structure sits on a'small parcel with two street corners resu►ting
in three setbacks from streets`;
3. There are seven large multi-family structures within one block of this
parcel, therefore this is not necessarily a'small single-story, single-
family neighborhood.
4. Many other substantial encroachments in the setbacks within the
neighborhood exist, some of a greater magnitude.
5. Design constraints were imposed.
6. Single family.use is being retained on a Residential-Three zoned lot.
7. It can be argued that completion of this structure in this
neighborhood works in several ways toward the goals of the City's
Neighborhood Revitalization Strategy.
8. Lots across 39"' Avenue are elevated above the site in question thus
offering some mitigation to view plane encroachment caused by the
variance.
With the following conditions:
1. The addition will be built consistent with the applicant's Exhibits 5, 6
and 7.
2. All existing outbuildings and temporary structures will be removed
prior to issuance of a Certificate of Occupancy.
3. The existing driveway on the south side of the home will be removed
prior to issuance of Certificate of Occupancy.
4. A brick wainscoting three feet in height matching the original home
will be provided on the 39t" Street elevation to lessen incongruities
and visual impacts caused by the variance.
Board of Adjustment Minutes - 5-
January 24, 2008
5. Any outdoor lighting attached will generally meet Dark Skies
concepts in retaining lighting leaving the property to a level that will
cause no annoyance to neighbors.
The motion carried 5-0, with Board Members HOVLAND, HOWARD and
LINKER absent.
Upon a motion by Board Member ABBOTT and second by Board Member
BELL, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there was one protest registered against it: and
Whereas, the relief applied for may 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. WA-07-20 (B), an 11-foot front yard setback variance from the 30-foot
front yard setback requirement, be and hereby is approved.
For the following reasons:
1. There are a considerable number of substantial encroachments in this
neighborhood within one block of this property.
2. There are seven otherlarge residential structures within one block of
6088 West 39th Place: All are in the Residential-Three zone district.
3. There is no living space above the over height bay.
4. ` Staff found the first variance criterion has not been met and the
Board concurs.
5. Staff found that the second variance criterion has been met and the
Board eoncurs.
6. Staff found the third variance criterion has been met and the Board
concurs.
7. Staff found that the fourth variance criterion has been met and the
Board concurs.
8. Staff found that the fifth variance criterion has not been met and the
Board concurs.
9. Staff found that the sixth variance criterion has been met and the
Board concurs.
Board of Adjustmen[ Minutes - 6-
January 24, 2008
10. Staff found that the seventh variance criterion has been met and the
Board concurs to a degree.
11. Staff found that the eighth variance criterion is not applicable and the
Board concurs.
12. Staff found that the ninth variance criterion is not applicable and the
Board concurs.
13. Several neighbors testified in favor of the variance.
With the following rindings:
1. This variance is not on a lot line immediately abutting neighbors'
homes.
2. This structure sits on a small parcel with two street corners resulting
in three setbacks from streets. -
3. There are seven large multi-family structures within one block of this
parcel, therefore this is not necessarily a small single-story, single-
family neighborhood.
4. Many other substantial encroachments in the setbacks within the
neighborhood exist, some of a greater magnitude.
5. Design constraints were imposed.
6. Single family use is being retained on a Residential-Three zoned lot.
7. It can be argued that completion of this structure in this
neighborhood works in several ways toward the goals of the City's
Neighborhood Revitalization Strategy.
8. Lots across 39`h Avenue are eleuated above the site in question thus
offering some mitigation to view plane encroachment caused by the
variance.
With the following conditions:
1. ' The addition will be built consistent with the applicanYs Exhibits 5, 6,
and 7.
2. All existing outbuildings and temporary structures will be removed
priorkto issuance of a Certificate of Occupancy.
3. The existing driveway on the south side of the home will be removed
prior to issuance of Certificate of Occupancy.
4. A brick wainscoting three feet in height matching the original home
will be provided on the 39th Street elevation to lessen incongruities
and visual impacts caused by the variance.
5. Any outdoor lighting attached will generally meet Dark Skies
concepts in retaining lighting leaving the property to a level that will
cause no annoyance to neighbors.
6. The driveway on the north side will be removed.
Board of Adjustment Minutes - 7-
January 24, 2008
The motion carried 5-0, with Board Members HOVLAND, HOWARD and
LINKER absent.
Upon a motion by Board Member ABBOTT and second by Board Member
BUCKNAM, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, the property has been posted the fifteen days required by law, and
in recognition that there was one protest registered against it: and
Whereas, the relief applied for may 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. WA-07-20 (C), a 15-foot side yard setback variance from the 30-foot side
yard setback requirement when-adjacent to a public street, be and hereby is
approved.
For the following reasons:
1. There are a considerable number of substantial encroachments in this
neighborhood within one block of this property.
2. There are seven other large residential structures within one block of
6088 West 39th Place. All are in the Residential-Three zone district.
3. There is no living space above the over-height bay.
4. Staff found the first variance criterion has not been met and the
Board concurs.
5. ' Staff found'that the second variance criterion has been met and the
Board concurs.
6. Staff found'the third variance criterion has been met and the Board
concurs:'
7. Staff found that the fourth variance criterion has been met and the
Board concurs.
8. Staff found that the fifth variance criterion has not been met and the
Board concurs.
9. Staff found that the sixth variance criterion has been met and the
Board concurs.
10. Staff found that the seventh variance criterion has been met and the
Board concurs to a degree.
11. Staff found that the eighth variance criterion is not applicable and the
Board concurs.
Board of Adjustment Minutes - 8-
January 24, 2008
12. Staff found that the ninth variance criterion is not applicable and the
Board concurs.
13. Several neighbors testified in favor of the variance.
14. Lowering the west wall, thus increasing the pitch of the west roof,
would be more impactive than the proposed height of the encroaching
wall.
With the following findings:
1. This variance is not on a lot line immediately abutting neighbors'
homes.
2. This structure sits on a small parcel with two street corners resulting
in three setbacks from streets.
3. There are seven large multi-family structures within one block of this
parcel, therefore this is not necessarily a small single-story, single-
family neighborhood.
4. Many other substantial encroachments in the setbacks within the
neighborhood exist, some of a greater magnitude.
5. Design constraints were imposed.
6. Single family use is being retained on a Residential-Three zoned lot.
7. It can be argued that completion of this structure in this
neighborhood works in several ways toward the goals of the City's
Neighborhood Revitalization Strategy.
8. Lots across 39`l' Avenue are elevated above the site in question thus
offering some mitigation to view plane encroachment caused by the
variance.
With the following conditions:
1. The addition will be built consistent with the applicant's Exhibits 5, 6
and 7.
2. All existing outbuildings and temporary structures will be removed
prior to issuance of a Certi6cate of Occupancy.
3. A brick wainscoting three feet in height matching the original home
will be provided on the 39t" Street elevation to lessen incongruities
and visual impacts caused by the variance.
4. Any outdoor lighting attached will generally meet Dark Skies
concepts in retaining lighting leaving the property to a level that will
cause no annoyance to neighbors.
5. Upright bushes or trees, as approved by the city, will be planted along
the Ingalls Street frontage to lessen incongruities and impacts caused
by the variance.
Boazd of Adjustment Minutes - 9-
January 24, 2008
The motion carried 5-0, with Board Members HOVLAND, HOWARD and
LINKER absent.
(Chair BLAIR declared a recess at 820 p.m. The meeting was reconvened at
8:28 p.m.)
B. Case No. WA-07-24: An application filed by Karen Stor for approval of
a 5-foot side yard setback variance from the 5-foot side yard setback
requirement resulting in a 0-foot side yard setback on property zoned
Residential-One C and located at 3025 Eaton Street.
This case was presented by Adam Tietz. He entered al] pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
reviewed the staff report and digital presentation The applicant is requesting
approval of a 5-foot side yard setback variance for the purpose of replacing an
existing carport. Staff recommended approval of the request with conditions
outlined in the staff report.
In response to a question from Board Member BLAIR; Mr. Tietz stated that staff
had received no comments regarding the application.
In response to a question from Board Member BELL, Mr. Tietz explained that the
existing concrete wall is four inches from the property line and won't be moved.
The support beam for the new carport would be abutting the inside of cement
walL
In response to questions from Board Member ABBOTT, Mr. Tietz explained that
the Karen Stor's application requested a 0-foot setback, but upon further study it
is apparent that it is actually a 1-foot setback.
Chair BLAIR asked to hear from the applicant.
Karen Stor
3025 Eaton`Street
Ms. Stor, the applicant, was sworn in by Chair BLAIR. The existing carport is
leaking into the house so she will have to remove it whether or not she can replace
it. She submitted a letter into the record from neighbors in support of the
application. She explained that the downspout will drain into the garden.
Julian Kasprzak
3025 Eaton Street
Mr. Kaspryzak was sworn in by Chair BLAIR. He stated that the replacement of
the existing carport would improve the appearance of the property. A 0-foot
Board of Adjustment Minutes - 10 -
January 24, 2008
setback was originally requested because when he drew up the plans he
erroneously thought the gutter would figure into the setback.
Upon a motion by Board Member PAGE and second by Board Member
ABBOTT following resolution was stated.
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment Application Case No. WA-07-24, is an appeal
to this Board from the decision of an administrative officer; and
Whereas the property has been posted the fifteen days required by law, and
in recognition that there were no protests registered against it; and
Whereas, the relief applied for may be granted without detrimen£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 Case No. WA-07-24
be and hereby is APPROVED.
For the following reasons:
1. The request will not alter the character of the neighborhood.
2. The construction of #he new carport will be a substantial investment
in the property.
3. ' The proposed carport will be a substantial improvement from the
existing conditions.
4. The request would not be detrimental to public welfare.
5. ° The variance would result in the addition having a minimal impact on
the surrouniling properties.
6. The request'is consistent with the existing conditions in the
surrounding area, as a majority of the homes, sheds, and garages in
the area have been constructed within the required setback areas.
7. The hardship has not been caused by the applicant.
8. The improvements will prevent further water damage to existing
improvements and the home.
9. There were no objections received for the variance during the 15-day
public noticing period.
With the following conditions:
1. The materials used and architectural detail shall be complimentary to
the existing improvements and home.
Board of Adjustment Minutes - 11 -
January 24, 2008
2. The carport shall be constructed as proposed: One foot from the
property line rather than having the ability to be constructed up to
the property line.
Board Member BELL offered a friendly amendment to add a condition
requiring that the downspout be directed so as to drain under the soil and
not impact adjacent property.
The amendment was accepted by Board Members PAGE and ABBOTT.
The motion carried 5-0, with Board Members HOVLAND, HOWARD and
LINKER absent.
5. CLOSE THE PUBLIC HEARING
Chair BLAIR closed the public hearing portion of the meeting at 9:06 p.m.
6. OLD BUSINESS
There was no old business to come before the Board.
NEW BUSINESS
A. Approual of Minutes - September 26, 2007
It was moved by Board Member PAGE and seconded by Board
Member BUCKNAM to approve the minutes of September 26, 2007.
Themotion passed unanimously.
B. Meredith Reckert announced that Travis Crane has resigned effective
February 13 -to accept a position with the City of Raleigh, North Carolina.
She invited Board members to attend a reception for Travis to be held in
the'second floar conference room on February 13.
C. At the request of Board Member BELL, Adam Tietz presented an update
on Urban Renewal plans for the 44`" and Wadsworth area.
D. Board Member ABBOTT suggested that the city take a look at requiring
pervious surfaces.
E. At the request of Board Member PAGE, Meredith Reckert gave a brief
update on light rail.
Boazd of Adjustment Minutes - lZ -
January 24, 2008
8. ADJOURNMENT
The meeting was adjourned at 920 p.m.
Robert Blair, Chair Ann Lazzeri, Recording Secretary
Addendum: Variance Criteria
Board of Adjushnent Minutes - 13 -
January 24, 2008
March 7, 2008
Save the Date
Boards of Adjustment Workshop
When: Saturday, May 10, 2008; 8 a.m. until 3 p.m.
Where: Location to be determined.
Topics: The role and authority of the Board; the purview and responsibilities of the
Board; and Boards of Adjustment hearing procedural requirements.
Who Should Attend: Local government Board ofAdjustment members, planning
department staff, city attorneys, zoning hearing officers, planning commissioners,
elected officials and others.
3ponsors: The Colorado Chapter of the American Planning Association and the
Denver Regional Council of Governments.
Look for details about this event in coming weeks.
03/10/2008