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HomeMy WebLinkAbout05/22/2008. city of ~ WheatR~idge BOARD OF ADJUSTMENT AGENDA May 22, 2008 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on May 22, 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 a[I 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. PUBLTC HEARING A. Case No. WA-08-02: An application filed by Gerard Nealon for approval of a 44 square foot wall sign affixed to a wall which does not abut a public street or major interior drive for property zoned Restricted-Commercial (R-C) and located at 6770 W. 38ih Avenue. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of minutes - March 27, 2008 B. Training Video: Preventing Pub[ic Officials' Liability 8. ADJOURNMENT TO: Board of Adjustment DATE: May22, 2008 CASE MANAGER: Adam Tietz CASE NO. & NAME: WA-08-02/Cress Kitchen and Bath ACTION REQUESTED: Approval of a forty-four (44) sqitare foot wall sign affixed to a wall which does not abut a public sYreet or major interior drive way on property zoned Restricted-Commercial (R-C) located at 6770 W. 38`h Avenue. LOCATION OF REQUEST: 6770 West 38°i Avenue APPLICANT (S): Gerard Nealon OWNER (S): Cress Kitchen and Bath APPROXIMATE AREA: 12,240 square feet (.28 acres) PRESENT ZONING: Restricted-Commercial (R-C) PRESENT LAND USE: Commercial Offices and Retail COMP PLAN LAND USE: Neighborhood Serving Retail (NR) ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION (X) ZONING ORDINANC E Locatic Site Case No. WA-08-02/Cress Kitchen and Bath 1 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 44 square foot wall sign that will be affixed to a wall that is not adjacent to a public street or major interior drive. Since the City Sign Code does not allow for signs to be affixed to walls that are not adjacent to public streets or major interior drives, the request would result in a 100% variance from this development standard. 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 aze required to be heard at a public hearing, before the Board of Adjustment. II. CASE ANLYSIS The applicant, Gerard Nealon of Cress Kitchen and Bath, is requesting the variance as the property owner of 6770 West 38th Avenue. (Exhibit 1, Letter of Request). The property is located east of Pierce Street on West 381h Avenue, adjacent to the Dairy Queen located on the southeast corner of W. 38t' Ave and Pierce St. The site is currently developed as a small office/retail development and is zoned R-C. The R-C zone district allows for vazious types of offlce uses performing administrative, professional and personal services and a limited range of retail which is neighborhood oriented. The space occupied by the applicant is a two story building and is used as the showroom and offices for the applicanYs business (EkNbiY2, Site Photos). Attached to the east side of the two story building is a single level building that houses other office and retail uses (EiMbit 3, Site Photos). It appears to haue been built at a later time as an addition to the two story stnzcture. No building permits were found to determine when this addition was constructed. The development sits on a land area that is approximately 20,000 square feet but is broken into several smaller pazcels. The three parcels that the applicant owns are approximately 12,330 square feet, combined (Fxhxbit 4,:Aerial,Photograph). The surrounding area has a mix of zone districts and land uses. Immediately to the south there is residentially zoned property that consiststprimarily of duplexes. The areas to the east, west, and north ofthe property along W. 38 Ave. are zoned and used commercially as W. 38d' Ave is a major commercial corridor in the City of Wheat Ridge. A drive aisle does exist between the west side of the building in question and the east side of the Dairy Queen (8~€lubit 5, Site Plioto"s.~. Section 26-702 of the Ciry Code defines a major interior drive as, "A drive aisle located on private properry which connects two (2) Case No. WA-08-02/Cress Kitchen and Bath 2 public streets or provides access to two (2) or more parcels of land or developments. " The aisle that is located between the two buildings does function as the drive-thru for Dairy Queen and would not qualify as a major interior drive. Consequently, the applicant is requesting relief from the sign code as the result of a major exterior remodel planned far the building. The Architectural and Site Design Manual (ASDM) encourages the use of innovative and unique signage. The sign for which the variance is being requested is currently on the building's north elevation and is being used as the main sign for the business. The sign is a vintage sign from the original business and is located on an overhang that will be demolished as a part of the exterior renovations (Exhibit 6, Sign Photo). The applicant is proposing to move the sign from the north elevation to the west elevation in order to preserve the sign (Exhibit 7, Elevation!Plans). In addition, the sign is being proposed to be moved as the modern architecture proposed for the north elevation and the vintage style of the existing sign aze not compatible. The western elevation has less azchitecturai detail making it more suitable for a sign of this nature (Eachibit 8, Building Perspective). Since the west elevation does not abut a public street or major interior drive a variance will be required to move the sign to that elevation. New signage will be installed on the north elevation that will be similar to and reflect the azchitectural style of the faqade improvements as required by the ASDM. A monument sign that will also reflect the architecture of the faVade improvements will also be constructed on the property. As a result of the monument sign being constructed, several non-conforming, pole signs will be taken down. 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;9). Staff provides the following review and analysis of the variance criteria. L 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 used as the showroom and offices for Cress Kitchen and Bath and may remain in this manner regardless of outcome of the variance request. If denied, the applicants would still be able to operate Cress Kitchen and Bath from this location. However, the applicant would not be able to move the sign currently located on the north elevation of the building to the west elevation. In order to use the sign it would be required to be located on the north elevation. Case No. WA-08-02/Cress Kitchen and Bath 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 properry is located along a major commercial corridor where the majority of businesses have multiple signs. The sign is also already in use on the property and is proposed to be moved to a different location where it would be more compatible with the improvements to the exterior of the building. In addition, the sign will be able to be seen from the public right-of-way as it will be located on the second level of the building which is higher than the building on the property to the west. 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 a majar inveshnent in the property that will be in compliance with the ASDM, the Neighborhood Revitalization Strategy (NRS) and other docuxnents supported by the city that encourage reinvestment and building improvements to business along W 38th Ave. The improvements are possible without the granting of the variance but the sign which the applicant wishes to preserve would not be able to be moved to the west elevation without the variance. The sign could be placed on the northem elevation but would not compliment the faqade improvements that the applicants are proposing. Staff fmds 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 6ardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. The surrounding physical conditions have not resulted in a hardship that necessitates the request for the sign to be moved to the western elevation. The northern elevation on which the sign would be in compliance with the City Sign Code is flat and large enough to be able to accommodate the sign. 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. Case No. WA-08-02/Cress Kitchen and Bath The request relates to the location of the proposed sign that does not meet current development standards. It is possible to relocate the sign to another location on the building which would be in compliance with the city sign code. However, if the sign were required to be in compliance with the city sign code it would detract from the other improvements being done on the building, which are in compliance with the ASDM. Staff fmds this criterion has been met. 6. The granting of the variance would not be detrimental to the pubiic 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 pubGc 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 will most likely not have an effect on property values in the neighborhood. The sign would not cause an obstruction to motorists on the adjacent streets 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. The circumstance necessitating the variance request is the fact City Code does not allow signage on walls that do not abut public streets or major interior drives. The applicant is requesting the variance in order to be consistent with the ASDM. Since the sign to be moved is not of similar architectural vernacular as the renovations proposed on the north elevarion, which aze in substantial compliance with the ASDM, the applicant wishes to move the sign which to a more appropriate location in an effort preserve the sign, which is also in compliance with the ASDM. Staff finds this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Case No. WA-08-02/Cress Kitchen and Bath The granting of the variance would not change the current conditions on the site as the interior of the building will not be modified with the exterior renovations. Until there aze interior renovations or until there is a change of use on the property, the building may continue to be used in its current state, which does accommodate people with disabilities. Staff finds this criterion has been met. 9. The applicafion is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manua[. The overall design of the fagade and sign improvements do meet the intent of the ASDM. The sign being proposed to be moved is unique and would preserve a sign that is of significant importance to the business. By granting this variance, the use of innovarive and unique signage will allowed to be utilized, which is a set standard in the ASDM. Staff finds this criterion has been met. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application in compliance with the majority of the applicable review criteria, staff recommends approval of the vaziance request for a forty-four (44) square foot wall sign affixed to a wall which does not abut a public street or major interior drive. Staff has found that there are unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. The request is consistent with the Architectural and Site Design Manual. 2. The request will not alter the character of the neighborhood. 3. The request would not be detrimental to public welfare. 4. The variance would result in the addition having a minimal impact on the surrounding properties. 5. The applicant is proposing a major investment in the property. With the following conditions: 1. The lighting components of the sign must remain as they haue historically been used and may not be changed to increase the intensity or brightness of the sign. 2. The sign must be affixed in a location on the west elevation of the building which can be seen from the public right-of-way. Case No. WA-08-02/Cress Kitchen and Bath RtZESP. (303)421-8711 Since 1948 FAX (3U8) 423-~827 11 l.h www.cresskitchenhath.com Ciibincts • Viii}'1 FloorS • Carpci •Ceram7ic • CoEirtfer Tnps • k'lumbing F'ixtures 6770W.38th AV£. 4_27_nR tiuL4ru t5t ridJusunents 7500 W. 24`I, Ave. Wfieat lZidge. Co. 800: -1 WHEAT RlDGE, CO 80033 W'c are 25king for a vttri:utcc in ltle existint; zoning code in allow us to move our existins-, vultagt Yiss 1tle. Lmoteum K l.;srpe[t.u.) sign Jnoai tne Eaee ot ottr ntmntag <sc u, ~ii W. 38'° .Ave. to the west ;ide of our huilr]tog as we tue undargoinga major facelift on our Struclur2_ . k.flclt)Se(1, pICB.'e 11It11 111@ IO1Il~ivtllg1104'11Y31e:61[']ll()[l; ,RXCIIICCCELLt'd! EIe%~Elllun5 kII1t; 4jrawings tu shnw Ulte new° loc ation of the siknag4, a picturc oFtitc exfsGnv sign in ft'a prC's1:[lt IOCk4116[l. tbC p3'UCeS57ng a(7p11C3qtrri, the LrTI[ten re5}lUnSCi LU Lhe CRitf9a u$eLl t<1f eevicw. zatd Lj check ior the tieti li>r the vanatiom reyueLt. Thank You `or l'nur Consideratitrn. Oes-arcl C. Neaalon Yn sident Exhibit 1 Case No. WA-08-02/Cress Kitchen and Bath 7 Exhibit 2 Case No. WA-08-02/Cress Kitchen and Ba Exhibit 3 Case No. WA-08-02/Cress Kitchen and Bath Exhibit 4 Case No. WA-08-02/Cress Kitchen and Bath 10 Exhibit 5 Case No. WA-08-02/Cress Kitchen and Bath 1 I ~ ~ '111 v!.Y.,.~: 06 : Exhibit 6 Case No. WA-08-02/Cress Kitchen and Bath 12 a~e Y rir` Rci ~.:3°uItiY3?~-~'3 :'="t"-.46e ?+k'•"2¢ k£ i c'?' z_'7'7'_.... _;s„*T€€*.".~ w"lrx Vma7 i:=v Case No. WA-08-02/Cress Kitchen and Bath 13 ~ ~ y c Y~ fl93 1~'~.~~_ 1x 7'u'1 ~ ~ 2yz ~ S~'~j t xc, y.tl;x 3- e u ~z ~ ~ ~ 00 A ~ k w A ~ P~ b C ~ C ~ .t". U 1+ H ~ ~ ~ ~ N O W ~ ~ ~ N ~ U Since 1448 ['ahiaiets • S"alYS'1 F1rickra? 6770 VY. 3Bt1? AV E. 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Ir`SN ~Y~f77 Ctf f FPf i~l}3F14EPlIS;.i. . . 6~. 4'rs~ne~nS ~~t`tJnc~~ari.utce ~~v~;sld resuit tna ~~casor txU€e ~ssca?3nna~~ei~.*iar~ t~l~:~ ~.rsr,,,z u,rn .i ik7;,:i;.~;;,. f IId.S 49`t)"ttitt hl?i-e ?%it heitfi;P3f;Cw l7Ct`{}myt}(ttiCX(1{)tt5 tU fS j}eP';So;i 4'7lh LTJJt2.hd!i tf:i. I'Ite.Y17Piaahsrn i,4 4t) substarat_ls,oni.l;:v_ce 'W.GS t1,4nqil,1So~ihdi ~[anii2a& ti^.z 6s;thir dw trchrr., ful + tx Sit~^FS rr[t.,'+?r;r,vsr1_. . 3l.rr mtertiree w;`?a 1drit: c4, MereeJtth o{r;.ae 1'lua?t.rz~i! /)eEit, fite~y r,tforma^u'rrti'thca! S i;rrzui:['e UlOes;ir tvtth tn thegvatle dT31e,se# ins ,-3r<'ltttes'tarcri axni k,te gea 11f~niss (303) 421-8711 Fax {303} 423-3827 svwyv.c resskitc henbatEr.corn I'€uoihzng F7sturu ~ G 0 ~ a, ~ A k W Case No. WA-08-02/Cress Kitchen and Bath 16 City Of ]~qr`7`TheatWidge BOARD OF ADJUSTMENT Minutes of Meeting March 27, 2008 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Chair BLAIR at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: Tom Abbott 7anet Bell Bob Blair Alan Bucknam Pau1 Hovland Bob Howard Larry Linker Betty Jo Page Staff Members Present: - Ken Johnstone, Community Development Director Adam Tietz, Planner I Ann Lazzeri, Secretary 3. PUBLIC FORUM No one wished to address the Board at this time. 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 on property zoned Residential-One and located at 15 Twilight Drive. 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. The applicant would like to construct a 117-square-foot wood frame shed, 10 feet in height, on the west side of the home within the required side yard setback. Staff recommended denial for the far reasons outlined in the staff report. Board oF Adjustment Minutes I- March 27, 2008 Board Member ABBOTT asked if there had been any calls in favor of the application. Adam Tietz explained that the person who originally sent a letter of opposition is now in favor after meeting with the applicant and more fully understanding his plans. Milton Austin 15 Twilight Drive Mr. Austin, the applicant, was sworn in by Chair BLAIR. He distributed copies of exhibits to each Board member which were made part of the case file. He reviewed each exhibit. He stated that the proposed location is the best one for his shed. The shed would improve existing conditions on his property and would maintain the character of the neighborhood. Placing the shed in any other place would put it more in the middle of the yard and thaf is the reason he wanted to build the shed as close to the house as possible. Board Meinber ABBOTT stated that he could support a permanent addition to the house, but not a shed in this location. Mr. Austin stated that the shed would be constructed and painted to match the house. Board Member BELL asked if Mr. Austin had considered building the shed next to the house on the side witli landscaping and privacy fence where he would not need a variance. Mr. Austin stated this would place the shed in front of the master bedroom window. Board Member BELL conunented that a small area between a shed and a fenee usually becomes an area to store things. She also asked if he had considered building the s7ied near the air gonditioning unit. Mr. Austin stated that the land slopes quite a bit in that area. Board Member HOWARD suggested the applicant consider building a shed that had less width and more length: Board Member HOVLAND stated that while he could appreciate Mr. Austin's intentions to place the shed in an unobtrusive place and the fact that the neighbors were not opposed to'the plan, he was concerned that it would change the character of the neighborhziod. He also believed there are altemative locations that would not require a variance. He stated that he had difficulty in finding uniqueness to the situation that would warrant a variance. Board Member LINKER asked Mr. Austin if he had considered moving the air conditioning compressor and placing the shed in that area. Mr. Austin said that it would probably be possible but the area slopes quite a bit. There was no one from the public to address the Board at this time. Therefore, Chair BLAIR closed the public hearing. Board of Adjustment Minutes - 2- March 27, 2008 Upon a motion by Board Member ABBOTT and second by Board Member PAGE, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-07-23 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. Whereas, the relief applied for MAY NOT be granted without substantially impairing the intent and purpose of the;regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED `thatBoard of Adjustment Application Case No. WA-07-23 be and hereby;is DENIED. For the following reasons: 1. Staff fmds variance criteria number one has not been met and the Board concurs. Unique to this lot is the possibility that there is no place on the lot where a shed would not be considered obtrusive to an adjacent neighbor although required setbacks could be met. 2. Staff finds-that variance criteria number two has not been met and the Board concurs. 3. Staff fmds that variance criteria number three has not been met and the Board concurs. In the opinion of the Board, investment does not rise to the level of substantial in this case. 4. Staff finds that variance criteria number four has not been met and the Board would concur in this case considering that three 30-foot required setbacks are unusuaL However, the lot immediately adj acent to the shed site sits a few feet lower than the shed site itself thereby exacerbating the impact of the setback encroachment requested. 5. Staff fmds that variance criteria number five has not been met and the Board concurs. 6. Staff fmds that variance criteria number six has not been met and the Board concurs. 7. Staff t"mds that variance criteria number seven has not been met and the Board concurs. This situation would be generally unique to the neighborhood. 8. Staff fmds that variance criteria number eight is not applicable and the Board concurs. Boazd of Adjustment Minutes - 3- March 27, 2008 9. Staff finds that variance criteria number nine is not applicable and the Board concurs. The motion for denial passed 8-0. (Chair BLAIR declared a recess at 8:07 p.m. The meeting was reconvened at 8:14 p.m.) B. Case No. WA-08-01: An application filed by the City of Wheat Ridge Parks and Recreation Department for approval of (1) a 3 foot variance to the 4 foot maximum fence height requirement within a minimum 30 foot front yard setback; and (2) a 1-foot variance to the 4-foot maximum 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 and Agricultural-Two and located at 4315 Van Gordon 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. The subject property is currently undeveloped and will remain in this manner: The area would be used for storage of landscape and plant materials integral to the operation of the Parks Department. Staff recommended approval with conditions as outlined in the staff report. In response to a question from Board Member ABBOTT, Mr. Tietz explained that the seven feet is being requested in order to be consistent with the other seven foot sections on the property. Board Member ABBOTT commented that seven feet would provide more security. Board Member HOVLAND asked if the variance would stay with the land if it should ever change ownership. Mr. Tietz explained that the fence would stay unless`the Board placed a condition on the variance. In response to`a question from Board Member BUCKNAM, Mr. Tietz explained that, for the intended use, the code requires that landscape materials be screened from adjacent properties which can be accomplished with a screened fence. Board Member BELL suggested that pine-beetle-kill lumber fencing with pickets for security be used, which would be much more attractive than chain link with screening strips. The wood fencing could be added to the existing chain link fence. She also suggested installing landscaping in front of the fence. In response to a question from Board Member HOWARD, Mr. Tietz stated that the subject property is not in the floodplain. The reason the city purchased this ~ Board of Adjustment Minutes - 4- March 27, 2008 piece of property is that the property where landscaping storage previously took place has recently been included in the floodplain. Margaret Paget City of Wheat Ridge Margaret Paget, Open Space Coordinatar of the City of Wheat Ridge, was sworn in by Chair BLAIR. Board Member LINKER commented that consideration should be given to maintenance that would be required by wood fencing. In response to questions from Board Member BUCKNAM; Ms. Paget stated that the size of mulch piles, gravel, etc. would vary according to supply. Trees would be temporarily stored until such time as they could be planted. In response to a question from Board Member BELL about materials blowing around during windstorms, Ms. Paget replied that some materials are covered with tarps and the fence screening would help contain some material. Board Member LINKER commented that, appearance was more important than security considering the types of materials that will be stored on the property. Board Meinber BELL asked Ms. Paget if she would be open to changing the type of screening for the fencei Ms. Paget stated that she wanted to do things economically, but would be willing to entertain different types of screening. The fence would have to be fireproof so it wouldn't catch fire when the ditch is burned. Board Member BELL commented that she did not believe the type of screening proposed fits with attempts to improve the aesthetic appeal of the city. There was no one from the public to speak. Chair BLAIR closed the public hearing. Upon a motion by Board Member PAGE and second by Board Member HOVLAND, the following resolution was stated. Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-08-01, is an appeal to this Board from the decision of an administrative officer; and Whereas the property has been posted the £►fteen days required by law, and in recognition that there were no protests registered against it; and Board of Adjustment Minutes - 5- March 27, 2008 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 Case No. WA-08-01 be APPROVED. For the following reasons: 1. The requests will not alter the character of the neighborhood. 2. The requests would not be detrimental to public welfare. 3. The variances would result in the addition having a minimal impact on the surrounding properties 4. The requests are 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. Board Member BELL offered a friendly amendment that the prefeff ed screening material be the use of pine-beetle-kill wood pickets that would provide security and would be environmentally sensitive by finding a re-use for something that has become a big problem for our state. The ainendment was not accepted by Board Member PAGE. Board Member ABBOTT offered a friendly amendment to add the following reason: Security in this type of location is a legitirnate concern, therefore the visual screening provirled by a 7 foot.fence is Zogical. The amendment was accepted by the Board Members PAGE and HOVLAND. Board Member ABBOTT offered another friendly amendment to add another reason: The variance, wit12 coizditions, would result in tJie addition having a minimal impact on surrounding properties. The amendment was accepted by the Board Members PAGE and HOVLAND. The motion passed 7-1 with Board Member BELL voting no. Board of Adjustment Minutes - 6- March 27. 2008 Board Meinber ABBOTT suggested that the city take a look at the cost and maintenance as well as environmental issues associated with a wood fence as opposed to chain link. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed public hearing. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Approval of Minutes - September 26, 2007 It was moved by Board Member BELL and seconded by Board Member BUCKNAM to approve the minutes of September 26, 2007. The motion passed 5-0 with Board Members LINKER, HOVLAND and HOWARD abstaining. B. Election of Officers Betty Jo Page was elected to serve as Chair and Alan Bucknam was elected to serve as Vice Chair. C. Introduction Adam Tietz introduced Ken 7ohnstone, Community Development Director. 8. ADJOURNMENT The meeting was adjourned at 9:05 p.m. Robert Blair, Chair Ann Lazzeri, Secretary Board of Adjustment Minutes - 7- March 27, 2008 City of COM~Wheat~dge . MIJ,'J77Y DEVF,LOP,~iFNT Memorandum TO: Board of Adjustment THROUGH: Ken Johnstone, Commuuity Development Director FROM: Kathy Field, Administrative Assistant DATE: May 16, 2008 SUBJECT: Preventing Public Officials' Liability The Colorado Intergovernmental Risk Sharing Agency (CIRSA), the City's property/liability and workers' compensation insurance broker, has recently produced a new video entitled "7n the Scope of Your Authority: Preventing Public Officials' Liability. " This video was designed to be viewed by the City's elected and appointed officials, and the management team. It discusses how elected and appointed officials can avoid mistakes that can lead to liability claims and identifies best practices that will allow officials to be successful. In addition to the video, CIRSA and the Colorado Municipal League (CML) updated their "Public Officials Liability Handbook" in 2007. This handbook is intended to provide an overview of some of the liability issues facing public entities, as well as some suggestion for avoiding and reducing liability. A copy is enclosed. The video, which is 17 minutes long, will be played for Board of Adjustment at the May 22"a meeting.