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HomeMy WebLinkAbout06/23/2005CITY OF WHEAT RIDGE BOARD OF ADNSTMENT AGENDA June 23, 2005 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on June 23, 2005, at 7:30 p.m., in the City Council Chambers of the Municipal Building, 7500 W. 29tn Avenue, Wheat Ridge, Colorado. 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-05-08 (continued from Mav 26 2005): An application filed by. Brothers Fence Company for approval of a variance to the 6 foot maximuxn fence height standazd under Section 26-603 resulting in an 8 foot high fence for property zoned Commercial-One (C-1) and located at 9505 West 44th Avenue. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of minutes - May 26, 2005 8. ADJOURNMENT City of Wheat Ridge oF WHEqT Community Development Department ~ c~ m Memorandum c~CORADO TO: Board of Adjustment FROM: Jeff Hirt, Planning Technician~ SUBJECT: WA-05-08Brothers Fence Co. DATE: June 17, 2005 Case Number WA-05-08 is a request for approval of a variance to the 6 foot masimum fence height standazd under Section 26-603 resulting in an 8 foot high fence for property zoned Commercial One and located at 9505 West 44`" Avenue. If you'll recall, at the last Boazd of Adjustment (BOA) public hearing on May 26, 2005, the above mentioned case was conUnued to the June 23, 2005 BOA public hearing. The applicant has requested another continuance to the next available meeting in July. Pursuant to Board of Adjustment bylaws, the Board must vote on this continuance. Additionally, the vote must obtain a super majority approval to be continued. Please feel free to contact me with any questions on this case at 303.235.2845. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting May 26, 2005 L CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair Bell at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29h Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Vice Chair Bell welcomed new members, Daniel Bybee and Betty Jo Page to the Boazd of Adjustment. Members Present: Tom Abbott Janet Bell Bob Blair Daniel Bybee Bob Howazd Paul Hovland Betty Jo Page Members Absent: Paul Drda Staff Present: Meredith Reckert, Senior Planner Jeff Hirt, Planning Technician Ann Lazzeri, Recording Secretary The following is the official set of Boazd of Adjustment minutes for the public heazing of May 26, 2005. A set of these minutes is retained both in the ofFice of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this time. 4. PUBLIC HEARING A. Case No. WA-05-08: An application filed by Brothers Fence Company for approval of a variance to the 6-foot maximum fence height standard under Section 26-603 resulting in an 8-foot high fence for property zoned Commercial-One and located at 9505 West 44"' Avenue. Staff recommended continuance of this case so that issues resolving access to West 45`h Avenue could be further discussed. Boazd of Adjustment OS-26-OS It was moved by Board Member BLAIR and seconded by Board Member BYBEE to continue Case No. WA-05-08 to the June Board meeting. The motion passed unanimously. B. Case No. WA-05-09: An application filed by the Wheat Ridge Housing Authority for approval of a 5-foot side yazd setback vaziance from the 10-foot side setback requirement for detached garages over 8 feet in height on property zoned Residential Three and located at 4501 Everett Street. This case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Boazd there was jurisdiction to heaz the case. He reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. Boazd Member HOVLAND commented that this request for a vaziance is due to a zoning change for the R-1 zone district to require setbacks relative to building height and asked why this requirement would apply to multi-family dwellings. Meredith Reckert explained that R-3 zoning also allows single family structures and therefore the setback requirement applies to all structures in the zone district. Boazd Member BYBEE commented that he could find no reasons not to approve this application. Boazd Member HOWARD suggested that setback requirements be revisited citing an example that presently a 20-foot setback would be required for two garages built adjacent to each other. ' Jerry DiTullio 3250 Newland Street Mr. DiTullio, chairman of the Wheat Ridge Housing Authority, was swom in by Vice Chair BELL. He stated that, following the denial of a previous request for variance, the number of garages for the project has been reduced from six to five. The depth of the gazages has also been reduced from 24 to 21 feet. He asked the Boazd to approve the variance based on the following reasons: . There has been no neighborhood opposition. • Staff has recommended approval. • The Housing Authority will be improving a dilapidated property. • Gazages wiil reduce on-street pazking. • The 10-foot setback on this particulaz property serves no purpose in that the gazages would face a back yazd and would not therefore infringe on the adjacent property. • Approval of the variance would not set a precedent for any other future projects within the city. 1 Boazd of Adjustment - 2 - ` OS-2b-OS Henry Wehrdt ( 2659 South Pitkin Way, Aurora Mr. Wehrdt, Jefferson County Housing Authority, was sworn in by Vice Chair BELL. He is also project manager for the subject property. He explained the garages have been designed with hip rather than peak roofs. Without the variance, there would be more opportunity for continued graffiti problems on the buildings. With the requested setback, the azea could be fenced which would reduce the amount of weeds and graffiti. The reduction in the number of garages would also increase the distance from the garages to existing structures by an additional6 feet. This project will not only provide affordable home ownership, but will greatly improve the appeazance and quality of the neighborhood. In response to a question from Boazd Member PAGE, Mr. Wehrdt explained that parking will be a cooperative effort with the other multi-family units. The parking area and driveway will be paved. In response to a question from Board Member ABBOTT, Mr. Wehrdt stated that units . with gazages sell first. Gazages also improve the property by providing off=street parking as well as some additional storage space for personal items. Cheryl Brungardt 5621 West 36`n Place Ms. Brungazdt was sworn in by Vice Chair BELL. She is a member of the Wheat Ridge Housing Authority. She stated that housing units with gazages sell quickly and provide safe off-street pazking for the homeowners. She pointed out that the majority of homeowners in the Housing Authority properties only have one vehicle. There are also individuals who do not own vehicles and that is one reason the Housing Authority likes to choose units that are near public transportation. This project will mostly likely encourage surrounding property owners to improve their properties. There were no other individuals present who wished to address this case. Vice Chair BELL closed the public hearing. Upon a motion by Board Member ABBOTT and second by Board Member BLAIR the following resolution was stated: W6ereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Applicafion Case No. WA-05-09 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the 6fteen 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 Boazd of Adjushnent - 3 - OS-26-OS 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- 05-09 be, and hereby is, approved. Type of Variance: A 5-foot side yard setback variance from the 10-foot side setback requirement for detached garages over S feet in height on property zoned Residential Three. For the following reasons: 1. The applicant has very limited options for placement of garages sufficient to accommodate an 8-unit multi-family structure without the need for a variance. 2. Garages are seen by Jefferson County Housing Authority and Wheat Ridge Housing Authority as very much affecting the likelihood of achieving the goals of both Jefferson County and Wheat Ridge Housing Authorities. 3. Approval of the variance would hopefully provide an incentive to make improvements to a dilapidated property and perhaps be influential for adjacent properties to do or request the same. 4. The intent of the property being owned by the Wheat Ridge Housing Authority is to provide a public service resulting in a benefit to the community. 5. The adjacent property to the north is also zoned multi-family. 6. The corner ►ot status of this apartment building places the building with a sigaificant double front yard setback therefore limiting available space in the rear and side yards. T6is has caused a hardship in the design of a viable project. 7. The 10-foot required setbacks do not seem to provide a definable benefit to this neighborhood due to the configuration of adjacent occupancies. 8. There has been no neighborhood opposition registered. With the following conditions: 1. If it is determined that aay portion of the structure is within the 100-year floodplain, a Class I floodplain exception will be required prior to issuance of a building permit. 2. The structure shall not have an exterior with visible metal materials. 3. The setback area being varied behind the garages shall be enclosed for security, prevention of storage of illicit materials, and graffiti control. Boazd Member BLAIR commented that the function and duty of the Wheat Ridge Housing Authority is to provide a public service and the proposed project will improve Boazd of Adjushnent - 4 - OS-26-O5 the quality of the neighborhood. Boazd Member HOVLAND commented that the zoning code amendment which increased setbacks from 5-feet doesn't make sense in this azea. There would have been no need for a variance in this case without the zoning code amendment. Board Member BELL stated that she would support the motion because of the location of the gazages. The buik plane in this situation is not as much an issue as it would be in a single family residential zone with a single story house adjacent to a single story house. It was moved by Board Member HOWARD that t6e variance request be changed from 5 feet to 3 feet. The motion died for lack of a second. The motion passed 6-1 with Board Member HOWARD voting no. C. Case No. WA-05-10: An application filed by Holiday Inn Express Hotel and Suites for approval of a variance of 10 feet from the required 30 foot setback from the right-of-way for signs over 25 feet high resulting in a 20-foot setback from the right-of-way for property zoned Commercial One and located at 10101 West I-70 Frontage Road South. This case was presented by Jeff Hirt. He entered all pertinent documents into the record and advised the Board there was jurisdiction to heaz the case. He reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. Board Member HOVLAND asked if there were any safety or sight triangle issues involved with the proposed location of the sign. Jeff Hirt stated that this matter was not referred to the traffic engineer because the sign will not be located at the intersection of two streets where sight triangle regulation would apply. In response to a question from Board Member ABBOT"T, Mr. Hirt stated that the size of the proposed sign is well below the allowed square footage. Todd Brummond Holiday Inn Express Mr. Brununond was swom in by Vice Chair BELL. Mr. Bruminond is managing member of the ownership group of the Holiday Inn Express Hotel and Suites. The required 30-foot setback for the sign would infringe upon the Valley Watet District's water easement and therefore a request for variance became necessazy. There were no othet individuals present who wished to address this case. Vice Chair BELL closed the public hearing. ' Boazd of Adjustrnent - 5 - OS-2b-OS Upon a motion by Board Member ABBOTT and second by Board Member BYBEE, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-05-10 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 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- 05-10 be, and hereby is, approved. Type of Variance: A variance of 10 feet from the required 30 footsetback from the right-of-way for signs over 25 feet high resulting in a 20-foot setback from the right- of-way for property zoned Commercial One. For the following reasons: 1. The request will have no effect on the essential character of the locality. The request is to upgrade aa existing sign using the same height and approximately the same size dimensions with an approximately 3 square foot increase. 2. There are unique conditions in that the property has adjacent right-of-way on three sides therefore limiting options for placement of a 50-foot high sign. 3. There are limited options for placement of the 50-foot high sign within setback requirements without displacing parking spaces and/or drive aisles on the property. 4. Approval of the variance would not result in any change in existing conditions relative to the location and size of the existing 50-foot high sign. 5. Approval of the request would result in an upgrade to an existing sign along Interstate 70. 6. The most affected adjacent occupancy is a hotel to the west across the I-70 frontage road south. 7. The Valley Water District has written a letter stating that they were opposed to relocation of this sign to the required setback because it woutd interfere with the location of their water main and adjacent soil conditions. The motion passed 7-0. Board of Adjustment - 6 - ~ - OS-26-OS 5. CLOSE THE PUBLIC HEARING Vice Chair BELL closed the public heazing portion of the meeting. 6. OLD BUSINESS Suuer Maioritv Vote - Boazd Member ABBOTT reported that he and Board Member BELL appeared before City Council to speak to the proposed change reducing the super majority vote to a simple majority vote. The City Council voted 8-0 to table the proposal indefinitely. If the Neighborhood Revitalization Study suggests that the super majority vote should be changed, the City Council would revisit the matter. City Council also expressed appreciation for the work performed by the Boazd of Adjustment. There was discussion about appointing alternates to the Boazd to serve in the absence of regulaz members. NEW BUSINESS A. Approval of minutes - March 24, 2005 It was moved by Board Member HOWARD and seconded by Board Member BLAIR to approve the minutes of March 24, 2005 as presented. The motion passed unanimously. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member BLAIR to adjourn the meeting at 9:13 p.m. The motion passed unanimously. Janet Bell, Vice Chair Ann Lazzeri, Recording Secretary Boazd of Adjustment - 7 - OS-26-OS