HomeMy WebLinkAbout09/24/2009♦~A(
City of'
Wheat 1jdge
BOARD OF ADJUSTMENT
AGENDA
September 24, 2009
Notice is hereby given of a public meeting to be held before the City of Wheat Ridge Board
of Adjustment on September 24, 2009, at 7:00 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29`h Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
1. CALL THE MEETING TO ORDER
2. ROLL CALL
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
4. PUBLIC HEARING
A. Case No. WA-09-09: An application filed by Swiss Valley, LLC, for approval of
a variance to Section 26-412.D.2 of the Subdivision Regulations to allow a new
two-family residence at 6701 West 48th Avenue to have domestic water service
from a well.
B. Case No. WF-09-08: An application filed by Swiss Valley, LLC, for approval of
a Class II special exception permit to allow construction of a two-family residence
in the 100 year flood plain on property located at 6701 West 48th Avenue.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of minutes - July 23, 2009
8. ADJOURNMENT
City of
Wh6atP4j_dgc
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
CASE MANAGER:
CASE NO. & NAME
DATE: September 24, 2009
Meredith Reckert
WA-09-09/Swiss Valley
ACTION REQUESTED: Approval of a variance to Section 26-412.D.2. of
the Subdivision Regulations to allow domestic water service by a well on property zoned
Residential-Two (R-2) located at 6701 W. 48th Avenue
LOCATION OF REQUEST
APPLICANT/OWNER:
APPROXIMATE AREA:
6701 W. 48th Avenue
Kevin Larson for Swiss Valley, LLC
22,760 s.f.
PRESENT ZONING: Residential-Two (R-2)
PRESENT LAND USE: Vacant
ENTER INTO RECORD:
Site
r
-29
_.i W21
Feu bees
1
FF
~ i.1.
Case No. WA-09 [[-N 109/Swiss valley
1
(X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE
(X) DIGITAL PRESENTATION
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 variance to Section 26-412.D.2. of the
Subdivision Regulations to allow domestic water service by a well on property zoned
Residential-Two (R-2) located at 6701 W. 48th Avenue
The purpose of the variance is to allow construction of a two family residence without
public water service.
II. CASE ANALYSIS
Property description
The property owners own four parcels of land located between the ridge of W. 48th
Avenue and the right-of-way for I-70 and its southern frontage road. Access to the
properties is from the southern I-70 frontage road via W. 48t' Avenue. These properties
are addressed to W. 48th Avenue due to the frontage road access off 48th Avenue at
approximately Pierce Street extended. The eastern-most parcel is zoned C-1,
Commercial-One, and has on it an architectural design firm. Prior to the current owners
purchasing the property, it was a social hall known as the Swiss Society.
The remainder of the parcels are zoned R-2, Residential-Two, and are currently vacant
except for parking for the commercial business. The use of the residential property for
commercial parking is legally nonconforming and may remain regardless if a new
residential structure is built. (Exhibit 1, property survey)
Previously there had been a single family residence located on the R-2 property which
burned down in 2008. (Exhibit 2, aerial photo) The property owners would like to build a
duplex on the residentially zoned property at roughly the same location. Pursuant to the
Section 26-412.D.2. of the Subdivision Regulations, "all lots shall be served by public
water and sanitary sewer through the appropriate district". It is the intent of this
application to allow the new residential structure to have domestic water service from an
existing well on the property. The former house had domestic service from this well, as
does the commercial structure. A copy of the existing well permit was submitted to the
city as evidence.
The closest available water line is located in the right-of-way for West 48th Avenue on
the top of the bluff. In order to tap into the main line, almost 900' of line extension
would be required which would be cost prohibitive.
Surrounding properties to the east and south are single family dwellings zoned R-2. The
adjacent land use to the north is CDOT right-of-way with the frontage road which gives
Case No. WA-09-091Swiss valley 2
access to the property. I-70 is just beyond to the north of the frontage road. Land to the
west is the trailhead for the Clear Creek greenbelt and trail.
Sanitary sewer service using a "pump" system provides sanitation service to the
commercial structure and will also be utilized for the proposed residence.
Agency referral
An agency referral was given to the Wheat Ridge Water District. The district manager
indicated that the district has no problem with the use of wells as long as it is determined
that the water is potable. He suggested that if the variance is approved, a condition be
placed requiring potability testing prior to issuance of a building permit.
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. The applicant has provided their analysis of the applications compliance with
the variance criteria (Exhibit 3, applicant responses). 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, a new residential structure could not be constructed on
the property. While there are numerous residential structures serviced by wells in
the city, no new construction would be allowed without public water service
unless a variance is granted.
Staff finds this criterion has been met.
2. The variance would not alter the essential character of the locality.
If the request were granted, it would not alter the character of the area. There was
a residence on the property before, and although the applicant is proposing a two-
family dwelling, the conditions will essentially be the same. Adjacent land uses
include a commercial structure to the east, the Clear Creek greenbelt trail and
parking area to the west and the back yards of the residential structures along W.
48th Avenue. There is an approximate 50' grade change between the subject
property and the adjacent homes.
Staff finds this criterion has been met.
Case No. WA-09-09/Swiss valley 3
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 substantial investment in the property that would not
be possible without use of the well. It would be cost prohibitive to extend a water
line 900' for service to 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 location of the property and the topography of the area have created a unique
hardship for the applicant.
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 created the hardship by wanting to
rebuild the residential structure.
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
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.
Staff concludes that the request would not be detrimental to public welfare and
would not be injurious to neighboring property or improvements as long as the
well water is potable. The variance 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. The request will most likely not have an effect on
property values in the neighborhood.
Staff finds this criterion has been met.
Case No. WA-09-09/Swiss valley 4
7. The unusual circumstances or conditions necessitating the variance request
are present in the neighborhood and are not unique to the property.
There are numerous residential properties in the city that have domestic water
service from wells. While it would be possible to build additions to those
residences, no new structures would be allowed without public water availability
unless a variance is granted. To Staff's knowledge this is the first variance
requested for relief from this portion of the Subdivision Regulations.
Staff finds this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
Single and two family 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 Site Design Manual.
The Architectural and Site Design Manual does not apply to single and two
family dwellings.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the applicable review
criteria, staff recommends approval of the variance to Section 26-412.D.2. of the
Subdivision Regulations to allow domestic water service by a well on property zoned
Residential-Two (R-2) located at 6701 W. 48"' Avenue. Staff has found there are unique
circumstances attributed to this request that warrant approval of the variance.
Therefore, staff recommends APPROVAL for the following reasons:
1. There are unique circumstances due to the property location and topography of
the area.
2. The variance will not alter the character of the neighborhood.
3. It would result in a substantial investment in the property.
3. The request would not be detrimental to public welfare as long as testing occurs to
verify potability.
With the following conditions:
Case No. WA-09-09/Swiss Valley 5
I. Prior to issuance of a building permit for the new residence, evidence of water
potability be provided and reviewed by the City.
2. Prior to issuance of C.O. for the structure, a consolidation plat be recorded with
Jefferson County Clerk and RecorOder's Office.
Case No. Wig-09-09/.Swiss Valley 6
b
G
~
Y
n
Ff
`
-
ro
q
'
zv
~
d
_
P
;i
s ~
-
3s S
s5i
-
u
.+rt tt<
Y
i
J }
rr ~
~i?4i .
x
~ !
<
S ~ i
l~V
~ i
~ .
6rI
1
4~, •fi I
9
r.
C,~ fry .
~
s
I
_r
w
lam,
v
`
S
N
ti
t\I
Case No. WA-09-09/Swiss Valley 8
Swiss Property Well Variance Submittal
The subject property is remotely located adjacent to the 1-70 Highway. The current
parcel has both C-1 Zoning for the commercial business and R-2 Zoning for the
residential use. The original property had a single family home located basically in the
same location that the proposed new structure would be located. The entire property
has been served by an existing well for over 20 years. The information available on the
well from the County has been provided to the City for review.
Addressing Item #4 Criteria for review we would submit the following:
4a. The nearest water line connection to the site is located over 900' way from the
property- The cost for installing this line would be equal to the total proposed
improvements that have been planned for the property. Basically without the use of the
well for the property no new improvements Would occur on the site.
4b. By allowing this variance there is be no impact on the "essential character of the
locality'.
4c. The proposed duplex structure would be a substantial investment in the property,
without the variance the development will riot occur,
4d. The subject property is uniquely located in the city of Wheat Ridge. The site sits ~
over 50' below 48" Ave to the South. The grades on the South side of the property will ~
not allow connecting into the water main located in 48" Ave. without extending the
water line up the service road to the East. The distance to the waterline connection is
over 900' away. This is not an inconvenience; it is a financial barrier which would stop
any future development on the site.
4e. The difficulty associated with domestic water to the site has always been an
issue with the site, from its early development in the 1970's. The current commercial
office building utilizes the local well for water.
4f, Granting this variance would have no temporary or permanent impact on
adjacent properties. The well is located on the property and would not be modified.
4g. Any additional development that would occur near this property would have the
same issues with domestic water in that the tie to the existing city water lines would be
cost prohibitive.
4h. Granting of the variance would result in a reasonable accommodation of a
person with disabilities.
4i. The application is in substantial compliance with the applicable standards set
forth in the Architectural and Site Design Manual
City of
Wh6atPs,,ibdge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment DATE: September 17, 2009
CASE MANAGER: Adam Tietz
CASE NO. & NAME: WF-09-08/Swiss Valley
ACTION REQUESTED: Approval of a Class II Floodplain Exception Permit to allow the
construction of a two family dwelling unit on property zoned R-
2.
LOCATION OF REQUEST: 6995 West 48°i Avenue
APPLICANT (S): Kevin Larson
OWNER (S): Swiss Valley, LLC.
APPROXIMATE AREA: 56,061.2 square feet (1.29 acres)
PRESENT ZONING: Residential-Two (R-2)
COMP PLAN LAND USE: Single Family Detached (not to exceed 4 units per acre) (SF4)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONING ORDINANCE
Location Map
Site
Case No. WF-09-08/Swiss Valley
I
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to
hear this case.
1. REQUEST
The property in question is located at 6995 W. 481h Avenue, is zoned R-2 and
encompasses several parcels. Combined the parcels make up just over an acre of land
with 56,061 square feet. (Exhibit 1, Property Survey) The applicant is requesting a Class
II Floodplain exception permit to allow for the construction of an attached two-family
dwelling unit. (Exhibits 2, Letter of request)
The property currently has an office building that is used an architecture office while the
rest remains vacant. A single family home was located on the property as well until it
burned down in 2008. The portion of the property where the duplex is proposed is
located within the Clear Creek 100 year floodplain. (Exhibit 3, Floodplain map, Exhibit
4, Aerial photo with floodplain overlay) A separate variance is being processed in
conjunction with this request to allow the duplex to be served by well water.
Section 26-808(D) (Floodplain Control) of the Wheat Ridge City Code empowers the
Board of Adjustment to hear and decide appeals of Class I special exemption permits
which have been denied by the floodplain administrator and requests for Class II special
exemption permits as provided within these regulations.
II. CASE ANLVSIS
The Wheat Ridge Code of Laws states that in order for any "habitable structure" to be
constructed in the 100 year floodplain, a flood plain permit must be obtained.
Specifically Sec. 26-808(D) states that any new construction of any residential structure
for human occupancy within the floodplain must obtain a Class II Floodplain Exception
Permit. As a part of the application for a Class II Floodplain Exception Permit, plans
certified by an engineer must be submitted to the floodplain administrator that show the
lowest floor will be elevated at least one foot above the base flood elevation. The
applicant has submitted all the required information which included a floodplain study
and analysis. Upon analysis of the floodplain report the floodplain administrator does
support the findings. (Exhibit 5, Memo from Floodplain Administrator)
The required drainage report was prepared by a registered engineer, which does indicate
the lowest floor of the duplex will be at least one foot above the base flood elevation of
5,300.35 feet. (Exhibit 6, Flood study conclusions) The study also indicates that the
proposed construction will not cause the flood water levels to increase in the area; that
the damage to the duplex caused by flooding on the property will be minimized; and the
utilities on site will be protected from flooding.
Case No. WF-09-08/Swiss Valley 2
There are currently two separate parcels which encompass proposed footprint of
the duplex. The applicant will have to consolidate these parcels prior to a
Certificate of Occupancy being issued, if the floodplain permit is approved.
Consolidation plats can be approved administratively without a public hearing.
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
Upon review of the above request, staff concludes that the two-family dwelling
unit as proposed will not have a negative impact on the 100 year floodplain.
Therefore, staff recommends APPROVAL for the following reasons:
1. The proposed construction will not result in raising the flood water height
in the area.
2. The damage due to floods will be minimized.
3. The utilities will be installed in a manner that will be protected from flood
damage.
4. The floodplain administrator has reviewed and supports the findings of the
floodplain analysis.
With the following conditions:
1. The lowest floor elevation of the proposed duplex must be constructed 1
foot above the base flood level of 5,300.35 feet.
2. The elevation must be verified by an elevation survey after the foundation
has been poured, prior to other construction commencing.
A lot consolidation plat must be approved prior to the issuance of
Certificate of Occupancy
Case No. WF-09-08/Swiss Valley
o a
-
z-
-
i
<aw
s
v
Y:
a
id ~i
~
x
~
I
I
r'
•.....x+.- n:.F :.ar. n
iq
Y
y
>
,
I
'
4
r ~
i
a
r
~
~
Q
H '
4
x r• ~ {3~5 ~ ,
n f
f 5`
5 h
/~JJJ _ 4 `+A 5i• 1rrgS~CSS~ '~C ~r
/ 5_-
'i
:i.
e5
~P I
F
I'
i
i~
ro.r "S:r.
ti
-lz
tectonic CArchitecture
onn M1fdnd4ement
,1 .171* rt r! i ji 1 I GenerO COatrdOnO
4695'Nest 48th Areaue Wh[•at ROp (0 80033 303.403.1128
September 2, 00
Meredith Reckert AICP
City of'W'heat Ridge
750() W. ?9r" Aye.
Wheat Ridi.1c, CO 800' 3-8001
Rl•:: Swiss Valley I.LC
Request for Variance
6695, W. 48°i Avc.
Building in a Flood Plain
Dear Meredith.
We appreciate the opportunity to submit this Request for Variance for the above referenced property. Our intent is
to receive a variance on the property to allow the construction of a new. duplex apartment to be built in an existin.,
flood planl area,
I hider Section '6-11 Variances, itch we submit the following:
a. A copy of the Special Warranty Deed is attached along with a lax Statement
b. No Power of Attorney is provided in That the Applicant is the Owner
C. A copy of the Property Survey is included.
d. Fnctosed is some additional information 16r your review in the package from I I V S Engineering.
c. A proposed Site Plan has been provided for rt`ViCw indicatim, the proposed new structure and the cxistim
well Inc;ltion.
1. Architectural Elevations have not been provided due to the nature of the variance.
g. A Posting Certificate will be submittal at the hearing to the clerk.
h. Other infilnmttiow.
it. The Swiss Valley Property is a unique piece of land. The original single family residence Svgs
destroyed by an arsonist in late -1008. With the revisions to the flood plain maps from the city the
property now has an area that occurs in the (loud plain. Please see the attached Flood Plain
Analysis for reasons to allow the construction of a nev% bitilding in the flood plain.
Kevin Larson
k
N
Case No. WF-09-08/Swiss Valley
17 ,0
i
I
I I I I 1 ,I ~.:I, ~
tat
,I ~ liI I , , ~T•
I I I I I 1 ~ I I I I
I, I~ 1 I I ~ r, . 11 I I 11
-71
i I ~.~,I I I• I i
X I,I
2 I '
Q l
r ` J
cc cc I sue,'/ 1
t,i >14 f tl
~ .`ty I. I ~ I I « II ,I ~ ~
1
' I I 1 I I
1 111
r I .T; r 1 I f
y! ~ I I I I I, I
w
m-
1 F
I,
' III. I
\ ~ ~ Ill . •~w/~nf
tl t•~~, I~. ' ~ 5
NOT
~I
a
I
II
Y"
I
I
n
~
f
$
Y
c
v
<
•
e o
wa
a ~
~
U
v
f
U
FQ-
f~~1+1
+ ,
'ty
v' 4
D :c
~ 5
1 7
Q. Q y
,4 >
q
r
s C
r
Q 6~
M
a
-
'
LL >_Rz
i ' , - d v V' frl
I ~ W p ~ p ^~I
o"
>
y ~ U
t
f 'r
I~r ~ I 1
Y
µ
cd
9
O
z
U
Exhibit 4
F
I, ~ ft@c. . ~S Z
R.
Case No. WF-09-08/Swiss Valley 7
( ilk tai
`1`I heat j is tic
Memorandum
'10: 1credi11l RcC:k rl. Scniol- P1,lnllcr
FROM: hill Paranto, Director ot'PuMic \ orks
DATE: September [4. 2009
SUBJECT: C,isc No. W1:-(t(}-M,:' S',%i,S Va[IC,
Ail application I(lr a 1' (x)d Plaill Ue\'elopnlclll PCr1111, Ilas becil recelved Coll cernlng, C011SIt-LICtioll -11 of a Illt.11 6 4-111111 1' 1'C l(lClltlal propet-IN ' it C 601 4,Si A%cmLic. 1110 bi-1;I(II11 ' SIt< I - Itl 1110 U1i.11'
Creek aoo(Iplain. I ID'S I':nglile(;rin.. has peV61-mcd h}'(Iratliic analy i, and prepared <s report
tutee Septonnhet' 1( 09. pEle report indWatt- that the ;lroposc'(I 1111111 ino -wc 1:,; IoCate(= In ( lear
C•rcck ;1o+?dp;It in b,lckw,,IIM IWS Iuls determined that depositI]IU till <tt t11e site for a bui[din11
Iwd ill not inlp,ld Ills Ilok)(kSumo) t1ood clc%,Iz: lIs of properties AbOW Of IWILM Ilk- S\\ is
,Ilicv site alou Clear ('rock.
1311sc(I upon the I JVS rcpt?rt. I Ctut su1)p01-1 a C l,us ]l Special Exception ['crnli[ li?r 1ir111tcd site tall
and C011struCti0r1 0C,1 xuldin-,, it the S\t'iss VallcN property location idcl;[iiic(3 b\ IIVS
I'.n! IIICI'i'In_ 1111 Ills= 1011(1\1 III,' Colld.I1011S:
13u1[dtn` pl; ns 011d a site pId111 ha\c not hccn pri'pared tier the pl'opu.:ed ne\\ huil(iin" at
ill:5 The plan-, must re\•ie\ ed t(? ir~ure Cull)JIi,111Ce with the [ loodplain C ollilltll
t)r(IiltMIX,
The IILIII(i11111' 11001' Clc\dltioll I11L(11 1.1i' ill 01 a11OW 5'-01.5+1 Ic'e[.
heal 1tld'-'c: I'll) PCl'llllt I;ll:sl .'1C 0[l1ala('(1 [11';(>I' to Conil11CllCCI17C111 01 1\(?1'k.
4. As li[I is proposed it; a portion (?Ct11C 1100(iphill' \+Itltin lhC C'it\ ol':\r\ada, a Fl(u)d [".airl
Pcl'mll 111LI,t bC 0111;1il:Cd I'-onl the Cit\ o' Arvada, il-applicab[c.
5. W;Itcr and siulltarsc\\'C," selTices I11113t be Identifficd and not -~LtbICL:, to 11tk>(;Ul,7 1 11
6. 1lle dorw-~tlc',\',.Wr dl Slumn ,1([!;lct'llt to the propowd Ilew buddlllb! lutist be \,kaler-
nroofed ill : TL llim acck:ptA)1e it, tilt: Cits
A re,-istcrcd profession:)) enu.illecr slt 11 ccrtif\ that the huildiu" 101111ddtiOil ::OIISlrUctwn
torrtls arc set ,It c1C\ations iu C(?nti,iluall(c ith tilt bUildim- lllan;-
S. A re-istercd proIcs'simml englilcer s11:111 ccrlil"y that the Iowcst bt111d111l1 tloor cie\at ion is
,it or abo\ e 01 , 1 h'Ct its iooll as p0 sih1e Iollo lilts i mi,;tructlon (1t the Io\\'l'.ii huddirw
411001'. This CCi'llllCZ16011 a1a11 OCCL11' (3Lna1'1 Collstrt:Ctl(?t1 10 n15LIV 1I)0dit1C.,1[t0ll of thc
M Idin;. p anW% aoul(I file lu\\'cst bttilclin 11001' t)C initi,dIV ~Oll-sIFUCLCd a1 an UI1aCCCptllllle
As al\ea\.. I and a\ ail:,hle to clacass this nlsttet al aour cot) cniellce.
In
v„
~-D
w
Case No. WF-09-08/Swiss Valley 8
CONCLUSIONS AND RLCOMMI?NDA7IONS
The Swiss Valley property located at 6695 West 48"' Avenue is in the Cits of Wheat Ridge,
except for the northwest corner of the property, which is located in the City of Arvada. The
property is located in Zone X Oil the FLMA FIRM, indicating that property is outside Ilse 100-
year floodplain. Howcver, most of the property is located within the 100-year floodplain in the
2007 FI IAD, which was adopted by tlac City of Wheat Ridge for regulating the 100-year flood
plain. The entire property is located outside the floodway as defined in the 2007 FHAD,
Plaiting fill on the portion of the Swiss Valley property that is within Wheat Ridge will have no
etlcct on either the FIRM defined or 2007 defined I00-year floodplain.
Thus this study finds that the proposal construction, as shoe+n on the accompanying site drawing
will:
1. not increase flood heights in the area.
2. ininimizc flood damage and protect utilities, and
3, result in the lowest floor elevation of the ne~~ bttilding being over I' above the base 0 00
Year) flood level of j300.35.
^-1z
Case No. WF-09-08/Swiss Valley 9
11(
1, City of
W heat 1jdge
BOARD OF ADJUSTMENT
Minutes of Meeting
July 23, 2009
1.
2
CALL THE MEETING TO ORDER
The regular meeting of the Wheat Ridge Board of Adjustmf
by Vice Chair HOVLAND at 7:00 F.m. in the City Council
Municipal Building, 7500 West 29" Avenue, Wheat Ridge,
ROLL CALL
Board Members Present:
Tom Abbott
Janet Bell
Bob Blair
Ryan Fisher
Paul Hovland
Betty Jo Page
Bob Howard, Alternate
Board Members Absent:
Staff Members Present:
3. PUBLIC FORUM ,
No one wished to
4. PUBLIC
Alan Bucknam
Larry Linker
was called to order
ambers of the
Meredith Reckert, Senior Planner
Ann Lazzeri, Secretary
the Board at this time.
A. Case No. WA-09-04 (continued from June 25, 2009: An application
filed by Robert Sherman for approval of up to a 10-foot side yard setback
variance from the 15-foot side yard setback requirement resulting in a 5-
foot side yard setback on property zoned Residential One and located at
3305 Moore Street.
The case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Board there was jurisdiction to hear the
case. She reviewed the staff report and digital presentation. The applicant
Board of Adjustment Minutes
July 23, 2009
received three letters of support from neighbors. Staff recommended approval for
reasons outlined in the staff report.
Robert Sherman, the applicant, was sworn in by Vice Chair HOVLAND. He
stated the house was built in 1927 and added on to several times. If the variance
is granted, he plans to build an addition to accommodate a large walk-in closet.
The structure, being an old farmhouse, has very small closets. He stated the
addition would match the house's building materials and roof line.
In response to a question from Board Member BELL, Mr. Sherman stated that he
would replace the large cedar tree demolished by the recent storm with a fast-
growing type of tree. The tree had provided some screening from the adjacent
property.
Board Member HOVLAND commented that the addition would be secluded and
there have been no objections from the neighbors who would be most affected by
the addition.
Board Member BELL comment
closet in this particular old farm
Vice Chair HO
response, he cli
Upon a me
BELL, the
Whereas, Board o-.
to the Board from
Whereas,
in recouni
asked to
Member
she could understand the need for a larger
of the public. Hearing no
and second by Board Member
denied permission by an administrative officer;
justment application Case No. WA-09-04 is an appeal
decision of an administrative officer; and
-rty has been posted the fifteen days required by law and
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-09-04 be, and hereby is APPROVED.
For the following reasons:
Board of Adjustment Minutes -2-
July 23, 2009
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property
that may not be possible without the variance.
3. The request would not be detrimental to public welfare and would not
be injurious to neighboring properties or improvements.
4. The conditions necessitating the variance request are present in the
neighborhood and are not unique to the subject property.
5. The addition is over fifty percent west of the mid-line of the existing
structure.
6. A letter of approval has been submitted by the neighbor immediately
to the south.
%
With the following conditions: =
1. The addition must follow existing architectural design
of the affected side of the existinu house.
2. Upright landscaping material or other types of material shall be used
to provide reasonable screening of this addition from the view of the
street.
3. As the request is for up to ten feet, the Board requests the applicant
and staff to work on reducing the variance to less than ten feet.
Board Member HOWARD offered a friendly amendment to state that the
addition cannot be built closer than five feet from the lot line. The amendment
was
BOTT and BELL.
ber HOWARD voting no.
Case No. WA-09-05: An application filed by Catherine Snyder for
approval of (A) a 5-foot rear yard setback variance from the 10-foot rear
yard setback requirement resulting in a 5-foot rear yard setback; and (B) a
25-foot side yard setback variance from the 30-foot side yard setback
requirement when adjacent to a public street resulting in a 5-foot side yard
setback on property zoned Residential One and located at 2995 Webster
The case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Board there was jurisdiction to hear the
case. She reviewed the staff report and digital presentation. Staff recommended
approval for reasons outlined in the staff report.
Board Member BLAIR asked if there had been any response from the neighbors.
Ms. Reckert stated that one phone call was received from an adjacent neighbor
who, upon explanation of the variance request, indicated support of the
application.
Board of Adjustment Minutes - 3 -
July 23, 2009
Catherine Snyder, the applicant, was sworn in by Vice Chair HOVLAND. She
stated that she worked very hard to find a location for the shed that would be
within the city guidelines, but came to the conclusion it could not be done without
a variance. Her property is secluded with a six-foot fence. The proposed
placement of the shed would be in the most inconspicuous portion of her property.
Adjacent property to the west is not residential. She stated that many of her
neighbors have sheds placed on the property line.
Ms. Reckert agreed that many of the neighbors do have sheds placed on the
property line.
At the request of Board Member HOWARD, Ms. Snyder provided a photo of the
shed she plans to have erected in her yard.
There were no members of the public present to address this matter. Vice Chair
HOVLAND closed the public hearing
Upon a motion by Board
FISHER, the following n
Whereas, the applicant was d
and
Whereas, Ba
appeal to the
recognition
ent
GE and second by Board Member
)n by an administrative officer;
on Case No. WA-09-05(A) is an
an administrative officer; and
been posted the fifteen days required by law and
-re 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-09-05(A) be, and hereby is APPROVED.
For the following reasons:
1. There is an existing six-foot privacy fence to the north and west on the
property.
2. The house setback from the front of the lot is quite unique and sets it
back further than required making placement of the shed impractical
elsewhere.
3. Placement elsewhere would ruin the aesthetics of the property.
Board of Adjustment Minutes -4-
July 23, 2009
Board Member ABBOTT offered a friendly amendment: Five of seven
criteria have been met with numbers 8 and 9 not applicable. The amendment
was accepted by Board Members PAGE and FISHER
Board Member ABBOTT offered a second friendly amendment: The shed
location allowed by this rear yard variance directly abuts property zoned
Planned Commercial Development with the subsequent required setback
screening and landscaping of PCD along the long side of the shed. The
amendment was accepted by Commissioners PAGE and RYAN.
The amended motion carried 7-0.
Upon a motion by Board Member BELL and second by Board Member
FISHER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment application Case No. WA-09-05(B) is an
appeal to the 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-09-05(B) be, and hereby is APPROVED.
For
1. It would not alter the essential character of the locality.
2. A substantial investment would be made in the property.
3. It would not be detrimental to public welfare or injurious to other
properties or improvements.
4. Five of the seven criteria for the variance have been met. Criteria
eight and nine are not applicable.
5. The location of the shed would be in the least conspicuous place on the
property.
6. It would be adjacent to 38th Avenue which will be built to full width
when that commercial property is developed.
7. The six-foot security fence minimizes effect on the adjacent
neighborhood.
Board of Adjustment Minutes -5-
July 23, 2009
The motion carried 7-0.
5. CLOSE THE PUBLIC HEARING
Vice Chair HOVLAND closed the public hearing.
6. OLD BUSINESS
Ms. Reckert advised the Board that more information regarding a policy for
seating alternates will be available at a later meeting.
Board Member PAGE reported that she submitted money for the Board of
Adjustment banner at Carnation Festival.
7. NEW BUSINESS l
A. Approval of minutes - June 25, 2009
It was moved by Board Member BLAIR and seconded by Board Member
PAGE to approve the minutes of June 25, 2009 as presented. The motion
carried unanimously.
8. ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
'~'Paul Hovland, Vice Chair
Arm Lazzeri, Secretary
Board of Adjustment Minutes
July 23, 2009
-6-