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HomeMy WebLinkAbout12/10/2008~~A~ I City o( roo0'-WheatR:idge BOARD OF ADJUSTMENT AGENDA December 10, 2008 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on December 10, 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 YVheat Ridge. Call Heather Geyer, Public Information Off cer 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 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-08-02: An application filed by Eric Boivin for approval of a 1- yeaz Temporary Use Permit to allow 4 temporary storage containers on property located at 9660 West 44th Avenue and zoned Commercial One (C-1). 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of minutes - June 26, 2008 B. Election of Officers 8. ADJOURNMENT CITY OF WHEAT RIDGE City of PLANNING DIVISION STAFF REPORT Wheat -idgE COMMUNITY DEVELOPMENT TO: Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME: TUP-08-02/Boivin DATE OF MEETING: December 10, 2008 ACTION REQUESTED: Approval of a one year temporary use permit to allow 4 temporary storage containers on property located at 9660 West 44"' Avenue and zoned Commercial One (G 1). LOCATION OF REQUEST: 9660 West 44th Avenue APPLICANT (S): Eric Boivin, Al] Traffic Data OWNER (S): Eric Boivin, A11 Traffic Data APPOXIMATE AREA: 26,250 square feet (.6 acres) PRESENT ZONING: Commercial One (C-1) PRESENT LAND USE: Office 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 m therefore, there is jurisdiction to hear this case. 1. REQUEST The ap licant, Eric Boivin of All Traffic Data, is making this request as the property owner ~~hht t6 °'~~z ~ The request is for approval of a one year temporazy use pernut to allow 4 temporary storage containers on property located at 9660 West 40 Avenue and zoned Commercial One (C-1). Each temporary storage container is aPProximatelY 8 feet wide and 20 feet deeP and aPProximatelY 8 feet in heiS~;~: ht ' ~ " The purpose of the request is to allow the existing temporazy storage containers to remain on the site while the applicant deternunes how to accommodate necessary storage within existing zoning regulations. The applicant has expressed that there is not a suitable space within the existing building to store his traffic data collection equipment. The Boazd of Adjustment is empowered to decide on requests for approval of one year temporary use pemuts per Section 26-115.D3 of the Code of Laws. IL CASE ANALYSIS The property in question is approximately 26,250 squaze feet in size and contains an approximately 5,500 square foot ofFice building. 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 o.. any commercially zoned property. There aze two issues with having accessory buildings or temporary storage containers on wmmercially 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" constmction projects. An active constmction project is any project that requires a building permit through the City. As there is not an active construction project on the subject property, temporary storage container(s) are not be allowed. Case History and Applicant Options A violation of the Code of Laws was issued on June 27, 2008 foi the temporary storage containers. Following this citation, planning staff inet with the applicants to outline the options for accommodating the needed storage space on the property. The following options were communicated to the applicant: 1. Remove the structures from the site. 2. Construct an addition to the existing structure in compliance with applicable development standazds (e.g., setbacks, height, etc.). 3. Apply for a temporary use permit per 26-115.13 of the code that may be approved as follows: a. A 30 day temporary use 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 use permit may be approved by the Boazd of Adjustment at a public hearing. 4. Apply for a planned buildinggoup to allow another primazy structure on the site. A Boazd of Adjustment December 10, 2008 2 TUP-08-02Boivin 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. a For 4 or more temporary buildings, the application must be heard at a public hearing before the Planning Commission. In consultation with the applicant, staff recommended a one yeaz temporary use permit be applied for to allow time to consider long term options to accommodate the storage needs of the property. Temporary Storage Containers There are four temporary storage containers currently on the property. They sit on the southwest corner of the site . The containers are not considered structures for the purposes of building code requirements and any development standards such as setbacks, nor any architectural standards. They do not have any type of foundation or anchoring into the ground that would make them perxnanent. There is adequate spacing between the containers and the existing building to allow vehiculaz access around the reaz of the property (See Eachibit 3). The containers sit adjacent to the south and west property lines. To the south is an approximately 7 foot fence and multi-family residential property zoned Residential-Three (R-3) and to the west is property zoned Commercial One (C-1). 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 yeaz these regulations will be evaluated and there is the possibility that more flexibility may be provided in the code. II. TEMPORARY USE CRITERIA Staff has the following comments regarding the findings of fact set forth in Section 26-115.D.4 for temporary use 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. The containers should not have an effect upon the general health, welfaze, safety and convenience of persons in the surrounding area. They are located in the southwest comer of the property 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 poRution, or cause drainage problems for the general area. , The containers should not adversely affect the adequate light and air to adjacent properties. The storage containers sit adjacent to an approximately 7 foot high solid fence and sit over 100 feet back from both 44`" Avenue and Hoyt Court. There should be no increase to noise, air, or water pollution as a result of this request. 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. Boazd of Adjustment December 10, 2008 TUP-08-02Boivin The request will not result in traffic congestion or traffic hazards. There will be no impact to pazking or loading areas on or off site. The temporary containers aze located in the southwest corner of the property, ° impacting any required pazking 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 containers aze not classified as structures and do 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 ezisting 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 find'utgs of fact aze supportive of the request to allow 4 temporary storage containers. Therefore, staff recommends APPROVAL for the following reasons: 1. Approval of the temporary storage containers would not alter the essential character of the locality. 2. Approval of the temporary storage containers would not be injurious to other properties in the neighborhood. 3. The temporary storage containers will not result in traffic congestion or trafFic hazazds. 4. Approval of the temporary storage containers 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 containers shall be allowed for one year. The one yeaz timeperiod shall begin with the approval from the Boazd of Adjustment on December 10, 2008. Boazd of Adjustment December 10, 2008 4 'i'[JP-08-02Boivin EXHIBIT 1: LETTER OF REQUEST Novemb-tr 7,2008 City aFWhear Itidge t:omn3untty I)evticspmenf Lfe¢aarttncnt 7504 Wast 29d' Auenrae WhL'at R4dge, CO 80033 RE; Tcnipotaay I.3,ud VSe t'e1'rTtit To Whnrn F3 N[ay C"bncern: This ls:kker 3s an request tu koep 4 tunpc,rruy gtoraga units on 4tie propcrty at 9650-96#~)0 Wes8'4~' e4vet3ue, iVheat I"~idge, CO $0433. fihese uni#s arc pEaced aii the sou&bwcst coraer of khe property witFun the fectceet area as stiavom aii the 1tkached aeraal p}euFo_ The tcinpo*y storagc urits are 20'xg' ear.h £ar a tiotal o f 2Usx24" of sgaace ccvem€1, ap},zoxim?teJy 4$0 square fect. Th~ vni#s arc us~ €o kccp €ra€fic cTata collcxticrtt cqsai}mccnt usod by thc tenatit, Ali :C`raffic Da#a 15eMce,s, Inc. Cwrm#ly, there os not asu3tab1o ptaco within the buiIdin~ td store ttazs type crf qnipment tind eenfil ot1ner arrangenioncs cauu be srade, this is the iest type of facili#y far f}Bat use_ If ihcre arc firrtttrr qctesccorig regarcling trits item, p[ease feei ftee to ca1l me directly at 3~3-668-0220. Thaaik you, Eric Btstviia. OCae'.LIeT z 0 h d ~G ~ n ~ ~ A~ l9 ~ ~ ~ ^Y O k ~ p7 ~ ~ J ~ ~ ~ MW~ RIP M City of ~WheatP~tdge BOARD OF ADJUSTMENT Minutes of Meeting June 26, 2008 1. CALL THE MEETING TO ORDER The regular ineeting of the Wheat Ridge Board of Adjustment was called to order by Chair PAGE 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 Janet Bell Bob Blair Alan Bucknam Paul Hovland Bob Howard Larry Linker Betry Jo Page Staff Members Present: Meredith Reckert, Senior Planner Jeff Hirt, Planner II Adam Tietz, Planner I Ann Lazzeri, Secretary 3. PUBLIC FORUM No one wished to address the Board at this time. 4. PUBLIC HEARINGS Meredith Reckert announced that Case No. TUP-08-01 (an application filed by David Hoss for Hoss Electric for approval of a one-year Temporary Use Permit to allow for two prefabricated construction buildiugs on property zoned Planned Industrial Development and located at 5130 Parfet Street) had been formally withdrawn by the applicant as indicated in a letter dated June 25, 2008. The letter was read into the record and made a part of the case file. A. Case No. WA-08-03: An application filed by Wheat Ridge 2020 (WR2020) for approval of a variance to the minimum lot size for a duplex in the R-2 zone district and a variance to the frovt yard setback for property zoned Residential-Two and located at 6770 West 32"d Avenue. Board of Adjustment Minutes - 1- June 26, 2008 Prior to presentation of the case, Board Member ABBOTT declared a possible conflict of interest in that he serves on the board for Wheat Ridge 2020. Ms. Reckert stated that staff discussed this matter with the city attorney who made a determination that there is no conflict of interest because Board Member ABBOTT is volunteering to serve on the WR2020 Board and would receive no direct monetary benefit from the approval of this case. It was moved by Board Member BLAIR and seconded by Board Member BELL that no conflict is present and Board Member 9BBOTT should be allowed to participate in consideration of Case No. WA-08-03. Board Member HOWARD stated that he would vote against the motion because he was of the opinion there would be a conflict of interest. Board Member ABBOTT stated that he could hear the case with no partiality and he would have no monetary gain from approval of the case. He further stated he would abide by the decision of the Board. The motion passed 7-1 with Board Member HOWARD voting no. This case was presented by Adam Tietz. He entered all pertinent docmnents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval for reasons, and with conditions, outlined in the staff report. Mr. Tietz entered the following letters into the record and provided copies for Board members: • Letter`of support from Mayor DiTullio (this letter was read into the record at MayorDiTullio's request because he was unable to attend the meeting.) • Letter of support from Van C. Wedgwood • Letter of support 'from Kevin R. Hood • Letter of support from Terrell Williams Mr. Tietz advised the Board that a phone call was received from Mrs. Slattery who requested fhat the Police Deparhnent examine the intersection at 32"d and Pierce to determine if the location of the duplex would make the intersection more dangerous. The sight distance h-iangle at this intersection was reviewed by staff and it was determined that the duplex would not cause any impediment to the sighttriangle. A neutral phone call was received from Don Smith who lives near the site. He simply wanted more information on the project. A phone call was also received from Miss Andy Shotwell who was interested in the outcome of the subject request because it might have a bearing on the manner in which a vacant lot near her house could be developed. Board of Adjustment Minutes - Z- June 26, 2008 Chair PAGE asked to hear from the applicant at this time. Rob Osborn Wheat Ridge 2020 Mr. Osborn was sworn in by Chair PAGE. He reviewed the goals of the Neighborhood Revitalization Strategy to create a more sustainable home ownership base, upgrade existing housing and invigorate redevelopment aspects in the City. He stated that the request for variance meets all variance criteria and also meets the standards of the Architectural and Site Design Manual. Research on existing properties within a two-block radius of the subject property revealed that 55 out of 92 properties do not meet minimum standards for single family or duplex residences. Therefore, the requested application is not out of character with the rest of the neighborhood. The project would also meet the needs of persons with disabilities. He entered the following documents into the recordC • Copy of the Neighborhood Revitalization Strategy • Letter of support from Dr. Stacey K. Spaulding • Letter of support from George R. Pond, 3709 Pierce Street • Property Lot Size Chart of properties within two blocks of 6770 West 32"d Avenue. • Map of area withitr Ywo blocks of subject property showing properties that do not meet minimum standards • Architectural plans for proposed project • Appraisal listings for surrounding neighborhood Jack Wlezen Keller Williams Realty 5912 S. Cody, Littlefon Mr. Wlezen was sworn in by Chair PAGE. He has been working with WR2020. He stated that the proposed town home project is the most economically appropriate development for the site. In response to a question from Commissioner LINKER, Mr. Osbom stated that it was economically unfeasible to rehab the existing structure on the site. He also commented that WR2020 does not want to undercut the market which would result in reduced values of adjacent properties. Brian Ojala Entasis Group Mr. Ojala was sworn in by Chair PAGE. He is the architect who designed the town home project. He stated that he designed the units with rear-loading garages for architectural enhancement as well as eliminating safety issues associated with entering the garages from 32"a and Pierce. The design necessitated moving the Board of AdjusCment Minutes - 3- June 26, 2008 structure forward which requires a setback variance. When comparing other setback situations in the neighborhood, he did not believe the setback variance would cause the property to be inconsistent with others in the area. He also testified that the proposed development is consistent with NRS goals and with other municipalities in the Denver metro area. In response to a question from Board Member BLAIR, Mr. Osborn stated that he spoke with the neighbor to the south who indicated he had no problems with the proposed development. Board Member BUCKNAM asked about screening of parking spaces to provide privacy for neighbors to the east. Mr. Osborn stated that there is a fence and trees along the eastern side of the property and additional landscaping could be installed if necessary. Board Member BUCKNAM also expressed concern about the sight triangle at the intersection being obstructed by evergreen trees. ' Several Board members commented that there is a need to revise city regulations in order to deal with neighborhoods that have many nonconforming situations. Chair PAGE asked to hear from members of the public. All those who wished to address the Board were sworn in. Richard Bell 6800 West 32"d Avenue Mr. Bell stated that he came to the meeting in opposition to the project, but after hearing testimony he changed his position. He liked the plan and his concerns about safety and character change in the neighborhood were answered. He did express concem that mature trees were removed from the property. He asked that landscaping fit with other neighborhood landscaping. Bob Euser 6745 West 32°d Avenue Mr. Euser expressed appreciation for the changes that were made since the last neighborhood meeting. He stated his hope that the Board will not approve every situation that comes before it. Thomas Slattery 6869 West 32°d Avenue Mr. Slattery agreed that good changes were made since the neighborhood meeting. Although it is a good plan far the lot, he expressed concem that approval of this application would set a precedent for the neighborhood. Board of Adjustment Minutes - 4- June 26, 2008 Curt Gilmore 9455 West 37r" Avenue Mr. Gilmore stated that he serves on the WR2020 Board and spoke in favor of the application. He commented that if the variance is not granted, an unattractive vacant lot will remain. Kim Calomino 4070 Dover Street Ms. Calomino stated that she serves on the WR2020 Board. She spoke in favor of the variance and commented that she believed the project would set an example rather than a precedent. It will also stimulate inveshnent by other property owners in the neighborhood. Van Carver 6735 West 31st Avenue Mr. Carver is in the real estate business and spoke in favor of the variance. There were no other individuals present who wished to address the matter. Chair PAGE closed the public hearing: Board Member BELL stated that she would support the variance. It is a good use for the property and the four-sided architecture will be attractive and an asset to the neighborhood. The requested variance is not onerous and would not be noticeable for the most part. Upon a motion by Board Member LINKER and second by Board Member BLAIR, 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 were no protests 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-08-03 be and hereby is APPROVED. For the following reasons: 1. The request is necessary in order to be able to return a yield on the property. Board of Adjustment Minu[es - 5- June 26, 2008 2. The applicant is proposing a major investment in the property and community. 3. The request is consistent with the goals of the Neighborhood Revitalization Strategy. 4. The request meets the spirit and intent of the zoning code. 5. The request will not alter the character of the neighborhood. 6. The request will not be detrimental to the public welfare. 7. The variance will result in minimal impact on the surrounding properties. 8. The request will provide some accommodation to people with disabilities. 9. The request will have a positive effect on property values in the neighborhood and will encourage other reinvestment in the neighborhood. 10. The lot's developable area has been reduced in order to comply with the increased side yard setback and off-street, parking requirements. With the following conditions: 1. A landscaped buffer and a 6-foot fence shall be built along the southern property line to lessen the impact of the new duplex on the southern neighbor. 2. The site improvements shall be substantially in compliance with the site plan on Exhibit 4. 3. The structure shall have "four-sided" architecture as represented on Exhibits 7 and,8. Board Member ABBOTT offered a friendly amendment to add two reasons as follows: Reason No. Il: The garages were p[aced in the rear to make the structure more visually appealing fronz both West 32°`r Avenue and Pierce Street as opposed to a garage dominate tlesigiz. Reason No. 12: The duplex has been scaled back,from the original version due to neighborhood concerns expressed at a neighborhood meeting regarding tl¢e potential zorxe change. Tke footpriizt has been reduced anrl the architecture is more suitable and more compatible with the rzeighborhood The amendment was accepted by Board Members LINKER and BLAIR. The motion passed 7-1 with Board Member HOWARD voting no. Chair PAGE declared a brief recess at 9:06 p.m. The meeting was reconvened at 9:15 p.in. Board of Adjustmene Minutes - 6- June 26, 2008 B. Case No. WA-08-04: An application filed by Stuart Adams, Jr., for an interpretation of the Official Zoning Map in accordance with Section 26- 203 for property located at 4390 Hoyt Court. This case was presented by Jeff Hirt. He entered all pertinent documents into the record and informed the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. The applicant wishes to make improveinents to the structure on the property for use as a professional office. The property has split zoning of R-3 and C-1. In fact, the existing building has the zoning boundary running through it. Staff concluded that the Official Zoning Map should be modified to extend Commercial-One zoning for the entirety of the subject property. Stuart Adams, Jr. 16569 West Ellsworth Drive, Golden Mr. Stuart, the applicant, was swom in by Chair PAGE. He requested an interpretation from the Board to inodify the zoning on the subject property so he and his wife could locate their insurance business in the existing structure on the property. He stated that, due to parking, two existing trees will have to be removed in front of the house. Both trees are diseased: Outbuildings in poor repair will be removed. The existing house will be improved and adapted for ADA requiremeuts. Board Members ABBOTT and BUCKNAM commended Mr. Adams for saving the existing house. Chair PAGE asked to hear froin inembers of the public. Dan Lynch Lakewood, CO Mr. Lynch owns the four-plex building at 4371 Hoyt. He spoke in favor of the application and was very pleased to hear that the property is going to be improved. 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 were no protests registered against it; and Board of Adjustment Minutes - 7- June26,2008 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 Application Case No. WA-08-04 be and hereby is APPROVED. For the following reasons: 1. A substantial portion of the existing property, including most of the existing structure, is currently zoned Commercial One. 2. Based on surrounding land uses and the iocation of the property, staff has determined that Commercial One zoning is most appropriate for the southern portion of the subject property in addition to the northem portion. 3. Making improvements to the property has been, and will ;continue to be, difficult if both Commercial One and Residential Three zoning district boundaries remain in their current state on the property. 4. Interpreting the zoning map to extend Commercial One zoning for the entire property will ensure a more viable use of the property in the future. 5. Interpreting the zoning map to extend Commercial One zoning for the entire property will provide an incentive to make improvements to a property that has been in disrepair for a significant period of time. 6. Interpreting the zoning map to extend Commercial One presents no negative impacts to immediately adjacent residential properties. 7. This interpretation allows an illogical split zoning which, in fact, divides a viable existing structure currently zoned approximately 90% Commercial One and this condition to become a logical single zone which addresses neighborhood conditions as they have evolved. 8. Staff recommends approval. 9. Based on the analysis of the property, its history and surrounding neighborhood, staff and the Board have concluded that the of£cial zoning map should be modified to extend Commercial One zoning for the entirety of the subject property as shown on the Improvement Location Certificate. The official zoning map should be modified to reflect the new zone district boundary. The motion passed 7-1 with Board Member HOWARD voting no. 5. CLOSE THE PUBLIC HEARING Chair PAGE closed the public hearing. Board of Adjustment Minutes - 8- June 26. 2008 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS • Approval of Minutes - May 22, 2008. It was moved by Board Member BLAIR and seconded by Board Member HOWARD to approve the minutes of May 22, 2008 as presented. The motion passed unanimously. • Meredith Reckert and the Board welcomed Jeff Hirt, Planner II, back to the City of Wheat Ridge. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member BLAIR to adjourn the meeting at 10:07 p.m. The motion passed unanimously. Betty Jo Page; Board of Adjustment Minutes June26,2008 Ann Lazzeri, Secretary -9-