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Home My WebLink About04/23/1998FlAafflumookyr-ill Not I • 2. APPROVE THE ORDER OF THE AGENDA 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) Approved wl A. !Case No. WA-98-3: (Continued from March 26, 1998) An application by Barry conditions Jumpe for approval of a I' side yard and F rear yard setback variance. The property is zoned Residential-Two and located at 4201 Reed Street. Approved w/ B. Case No. WA-98-13: An application by Jordan's Building Center for approval c ' conditions a 25 setback variance to the 50 setback to allow a 6' fence. The property is zone Commercial-Two and Light Industrial and is located at 5026 Ward Road. Continued to C. Case No. WA-98-10: (Continue to May 28, 1998) An application by Scott and May 28, 1998 Sharon Galloway for approval of a fence height variance for the north softball field in Randall Park for the purpose of erecting a 1 fence to shield the homes. tM CASE NO. & NAME: WA-98-3\Jumpe CASE MANAGER. Sean McCartney LOCATION OF REQUEST: 4201 Reed Street NAME & ADDRESS OF APPLICANT(S) Barry Jumpe 4201 Reed Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S) Same ------------------------------------------------------------------------------ APPROXIMATE AREA: 10,500 square feet NMMANIV�� PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: N:, E: W: and, S: Residential Single Family ----------------------------------------------------------------------------------------------------------------------------------------- DATE PUBLISHED: February 6, 1998 DATE POSTED: February 12, 1998 DATED LEGAL NOTICES SENT: January 30, 1998 ----------------------------------------------------------------------------------------------------------------------------------------- AGENCY CHECKLIST: (XX) NOT REQUIRED 111,111 rl 11 A-4--d 1. REQUEST lil I M 11,11rom RA )5TM7YMT*?= =,41111f W1141 11"tt LUC Illegal The applicant did not know that there was a building permit required for such a structure. The storage shed is 90% completed. According to the applicant's neighbor, who was present at the last hearing, the shed does not pose any threat to the neighborhood and believes it will add to the essential character • the locality by allowing for enclosed storage. To date, staff has not received any I etters of opposition. 11 SITE PLAN As shown ♦ the attached site plan, the property is a comer lot which measures 75 X 140 or approximately 10,500 square feet. Due to the setback requirements established for comer properties (30' setback from any public right-of-way for all structures)and the placement of the existing residential structure, there is not much room for development on the property. III CRITERIA Board of Adjustment Page 2 WA-98-3 1. Can the property in question 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? Yes. If denied, the property may continue to ► used as a single-family residence, thereby allowing for an reasonable return in use, service and income. No. The plight of the owner exists due to a lack of communication between the applicant and the Planning Department, If the applicant would have contacted the Planning Department prior to construction, he would have been informed of all th6 development regulations pertaining to storage sheds. 3. If the variation were granted, would it alter the essential character of the locality? No. Although the shed in question is only 3' from the north property line and approximately 8' from the adjacent house to the north, sheds are a permitted accessory structure in residential neighborhoods and are pertnitted to be 20'in height. Approval of this request will allow for the shed to be moved 4' form the northern and western property line. 4. Would the particular physical surrounding, shape, or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience i the strict letter of the regulations were carried out? No. Although the property is rectangular in shape and 10,500 square feet in lot area, the restricts this properties development potential, The property is 75deep. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to other property within the same zoning classification? Yes. There are several other residents with comer properties in the City of Wheat Ridge who would be permitted to apply for variances within the same zoning classification. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? No. The purpose of the variation is based upon the desire to allow an existing illegal storage shed to be placed 4' from the northern property line. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Board of Adjustment Page 3 WA-98-3 Yes. The hardship has been created by the applicant when he built the storage shed without a building permit. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. Granting of this variance will not be detrimental to the public welfare or injurious to othen property or improvements in the neighborhood as storage sheds are permitted as accessory us within the residential neighborhoods. I 9. Would the proposed variation impair the adequate supply of light and air to adjacent Y roperty or substantially increase the congestion in the public streets or increase the dang of fire or'etidan'g'er the public safety or substantially diminish or impair property values within the neighborhood? I No. Although the storage shed in question is approximately 8' from the existing residential structure to the north, there is adequate separation between the structures to allow for an adequate supply of air to the adjacent property. Also, there is no increase in fire danger as the structure complies with the minimum separation requirements in the Uniform Building Code. Tiancia i • it M73; p, aesthetic relief from outside storage. Therefore, approval of this request may contribute to the neighborhood, • MIS I R I "moffill'"I Board of Adjustmcrit Pagc 4 WA-98-3 Board of Adjustment Page 5 WA -98 -3 I I i ST I *24 wl t 140.24' ) p C W • ) j 1RIDGV t x ' IT - ) r fl Related to Section 26-21 (b) (1), it is this Board's view that the language in Z� question was included not to affect non-residential uses, but to provide for additional process for residential uses. Therefore, it is the interpretation of this Board that a nonresidential clinic and office for psychological, social, marital, development or similar counseling and treatment, including counseling and treatment for substance abuse and alcoholism, however, not includin , residential facilities or residential treatme t • a permitted principal use in the Residential Commercial Zone District. Disposition: Board of Adjustment interpretation that a non-residential clinic and office for psychological, social, marital, development or similar counseling and treatment, incluM ing counseling and treatment for substance abuse and alcoholism, however, not including residential facilities or residential treatment is, therefore, a pen principal use in the Restricted Commercial Zone District. 9 There was discussion concerning fire code regulations in relation to the location of the shed as well as location of windows in the affected structures. Staff advised that all fire code regulati met. Barry Jumpe, the applicant, 4201 Reed Street, was sworn in by Chair Person MAURO. Board Member HOWARD asked if the shed was built on a foundation. Mr. Jumpe replied that the shed is placed on pressure treated lumber which he understood is according, to code if wind bracing is used. Board Member THIESSEN expressed her concern that the hardship seems to be that the structure is already built and that if a pen-nit had been obtained, the structure could have been built according to code. 15=twom#11#101timusumfg, Me i # # # # # ,911=111 There was discussion about the Uniform Building Code requirements as they relate to space required between structures, Mr. Wassman stated that he lives two houses west of Mr. Jumpe and has no problem with the location of the shed. He expressed concern, however, about power lines directly over the shed leading to the house, Mr. Jumpe advised that these are telephone lines and that he plans to have thern moved. N M� Page 9 Board Member ECHELMYER asked if storing telephones constituted operating a business out of his home. Mr. McCartney explained that all you need to operate a business out of your home is a business license and that a home business cannot occupy more than 25% of your residential space. Board Member THIESSEN commented that Mr. Jumpe might -want to look at the possibility • using outside storage facilities. 1 1 , T Z 0 11111 1 to l IT 'r Tlwt' n V T 40 the following resolution was stated: Whereas, Board of Adjustment Application, Case No. WA-98-3 is an appeal to this Itoard from the decision of an administrative officer; and Whereas, the property has been posted the required fifteen days by law and there were no protests registered against it; and 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 that Board of Adjustment, Application Case No. WA-98-3 is hereby denied. For the Following Reasons: I . The plight of the owner exists due to a lack of communication between the applicant and the planning department, Also the hardship described by the applicant involves the need to acquire commercial storage related to his business. This hardship would seem too generic to qualify for variance. The primary structure has an approximate 600 square foot garage. i # # # � - I # Board of Adjustment Page 10 02/26/98 a Ridge who would be permitted to apply for variances following this same logic for variance. 3. The hardship has been created by the applicant. 4. The granting of this variance can be detrimental in a substantial visual way to *94W k-e-asx-t t*1 the setback requirements. 5. If the shed were moved closer than three feet toward the house, it would be in violation of the Uniform Building Code. Following the submitted drawing, the shed could be moved one foot toward the dwelling, thus requiring only a one-foot side yard setback variance. F&ther, the shed could be moved sufficiently forward as to require no rear yard variance. Board Member WALKER offered an amendment to the motion: "that if the motion fails, the applicant is to submit a certified survey of tile property to qualify the accuracy of the drawings submitted." C Motion for denial failed by a vote of 4-3, with Board Members ECHELMEYER, JUNKER, and MAURO voting NO. Mr. Jumpe asked if tile Board would approve a request for a one-foot variance if he moves his shed. Board Member THIESSEN replied that the Board could not say whether or not they would approve the application at a future meeting, but informed Mr. Jumpe there would • a better chance • having a one-foot variance approved. ffom# ' parking on property zoned Planned Commercial Development. The property is located at 3601 Wadsworth Boulevard. The case, which is a reconsideration • the TUP issued in 1996, was presented by Alan White. He stated that the property is within the City • Wheat Ridge and that all notification and posting requirements have been met. Therefore there is jurisdiction to hear this case. Board of Adjustment Page 12 02/26/98 - Ttlb ts:reet) The City of GWheat 9Ridge wsms� Department of Planning andDevelopment 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Owner Address Location of request Lw QLw--d WIT . Phone 421 Phone 4�4 Type of action requested (check one or more of the actions listed below which pertain to,your request.) C] Change of zone or zone conditions Vari an, Variance /Waiver c Site development plan approval co Nonconforming Nonconforming use change Special use permit 0 Flood Flood plain special exception Conditional use permit Interpretation of code r Temporary use/building permit Zone line modification Minor subdivision Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final See attached procedural guide Solid waste landfill/ mineral extraction permit for specific requirements. Dother Detailed Description of request a 40- (D� QQ�- \ - List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. M Subscribed and sworn to me SEAL IN my commission expires 3:'_*aq-S6 Receipt No. Case No. CASE NO. & NAME: WA-98-13 Vordan's CASE MANAGER: Sean McCartney Building Center ACTION REQUESTED: Request for approval of a 5' setback variance to the 50' setback requirement to allow a 6' fence. Imm I wwn 0101 a wall VallignevKH APPROXIMATE AREA: 45,000 square feet PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: DATE PUBLISHED: April 3, 1998 DATE POSTED: April 9, 1998 DATED LEGAL NOTICES SENT: March 27, 1998 AGENCY CHECKLIST: (XX) NOT REQUIRED RELATED CORRESPONDENCE: (XX) NONE zzm+1�� (XX) CASE FILE & PACKET MATERIALS (XX) EXHIBITS JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met. Therefore, there is jurisdiction to hear this case. /5-1 1. REQUEST Currently, the site is used for a lumber storage yard ancillary to the lumber yard and building center located to the south. The lumber storage yard is contained • a temporary, 6chain link fence. Pursuant to Section 26-23 (3)(b), of the Wheat Ridge Code of Laws, "merchandise, material or stock may be stored or displayed behind the front of the buildings within side • rear yards only where completely screened from adjacent properties and streets • a six opaque wall • fence." Buildings in the Commercial-Two zone district must retain a 50 front yard setback from the front property line. Therefore, storage on the properties located within the Commercial-Two zone district must have a front yard setback of 50' as well. As shown • the attached site plan, the applicant intends to completely landscape the front 25 of the property. According to the plan there will • 145 low growing shrubs and 5 street trees. The Code • Laws requires that there be I street tree per every 30 • street frontage. Because the property is 150' wide, there needs to be 5 street trees. According to the applicant, he has met with the neighbor to the north and have agreed to allow for a hrrjx-,� site plan). rmsorsimim 1. Can the property in question 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? Yes. If denied, this property could yield a reasonable return in use, service and income as storage is a permitted accessory use in the Commercial-Two zone district. 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TSS't`t2IWOO Aye -luez)TT go ain4eu6 # qq4 wojj # # #• 4Twqns 4snw saeumo O • •. r #.. i # ..• # • •.. ♦r #� esoqm 4no 'eA oqe P suosaad esoq4 go 4u9suoo PUP 95POTMO 4 r TeOa paq O U T 4 s9a9 4 U T UP # O s9 # w M �`. t 4san baa # # # ..G # y. w t (*4sen an ox 04 1 uTe4a qoTqm # Os P SUOT4 # GaOw aO Ouo pa;senbea uOT4 # e# # , • •� • Ou OT4 c , s s a i + • d VV69 -LCZ (COO 9UOLld 10 Apo at4l 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair Person MAURO at 7:30 p.m. on Mach 26, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Absent: Susan Junker Staff Present: Sean McCartney, Planner Ann Lazzeri, Minutes Specialist ILIW ...... M116"q1,F110,Tf 26, 1998. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. Sean McCartney advised the Board that the applicant for Case No. WA 98-7 and Case No. • removed from the agenda. 4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) Board of Adjustment Page 1 03/26/98 0 Mr. McCartney reviewed the site plan and the criteria used to evaluate the variance request, and stated that although it was found the request would be compatible with the existing land use and zone district, it was staff s conclusion that a smaller building could be proposed which would comply with all district regulations. business. He referred to the public notice sign and stated that he found it on the ground several times, and each time he put the sign back in an erect position. Board Member THIESSEN referred to the proposed nail salon portion of the building and asked if a multiple use was approved. The applicant replied that the use had been approved. Board Member ECHELMEYER stated that he had received a comment from an individual who said the ' back property line was in question and asked Mr. Bryan if he had a survey for the property, • Mr. Bryan replied that the back property line issue had been resolved with the title company at the time of closing. - Board Member ABBOTT asked Mr. Bryan to explain a hardship or benefit to the neighborhood, Mr. Bryan explained that in order to maneuver vehicles in and out of the bays, twelve-fo • twelve-foot garage doors are required and, also, the City's fifty-foot setb • ack reuirement prevented bringing the building forward. C i Chair Person MAURO swore in Judy O'Brien, 4651 Highway 73, Evergreen Ms. O'Brien stated that she was the architect for the applicant. She stated that the building was designed to be functional for her customer's needs; and that if five feet were removed, it would reduce the functionality • the building. She further advised that the existing sewer line as well as a sewer easement that runs through the property prevent any other design options. Board Member ABBOTT asked the applicant if he could reduce the size of the building from six bays to five bays. The applicant responded that he is operating seven bays in his present location and cutting down to five would present a financial hardship for him. I I 7071 ffy R� business AWosed bi business. Mr. McCartney replied that the site plan does allow for adequate off street parking Mr. Bryan returned to the podium to state his agreement with Ms. Friar that there is a 12arkiU-problern in the street parking. Board of Adjustment Page 3 03/26/98 Judy O'Brien returned to the podium to show the actual plans for the proposed building to the Board members with a brief discussion following. Upon a motion by Board Member ABBOTT, and second by Board Member HOWARD, the following resolution was stated: Whereas, Board of Adjustment application Case No. WA-98-4 is an appeal to this Board from the decision • an administrative officer; and Whereas, the property has been posted the required fifteen days by law and there were no formal recognized 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 • Wheat Ridge. The architect design professional testified that (1) the five-foot variance is needed to provide the necessary functionality for the intended use of the building; and (2) t existing sewer line prohibited other design options which could have allowed for the required setback. I 2. The request will not alter the essential character of the locality. I There will be an adequate supply • light and air to the adjacent property; and with the property adjacent to the variance to be approximately fifty to sixty feet from this occupancy, it would seem the intent of the ordinance as related to the aesthetics of visual separation between structures is met. Board of Adjustment Page 4 03/26/98 Board Members ECHELMEYER and THIESSEN indicated that they would be voting against the motion because they felt that adequate evidence of hardship had not been presented. TC TEL voting NO, Board Member JUNKER absent Disposition: A request for approval • a five-foot rear yard setback variance to the fifteen-foot rear Ward setback requirement i i i # V")Wd, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat Ridge Codes of which state that Board of Adjustment motions not carried are thereby deemed denied. 11;1111111111111111piiiiil� riqpq lip B. Case.No. WA-98-6 - Mr. McCartney presented the case which was an application by Ben Schnell for a five-foot side yard setback variance to the five-foot side yard setback requirement to allow for an enclosed garage at 12180 West 35th Avenue within the Residential-One A zone district. Board of Adjustment Page 5 03/26/98 danger of fire would not be increased, staff was of the opinion that there were other alternatives to locate the garage on the property that would comply with all district regulations. Board Member THIESSEN expressed concern with granting a zero setback stating that, even though the neighbor is in agreement, such a decision would affect future owners • the properties. • ! • Mr. Ladd stated that he was District Manager • the Wheat Ridge Fire Protection District and was appearing at the request of the applicant. He invited questions from the Board as to the District's ability to providefire protection for the proposed structure. Board Member HOVLAND asked if there would be a problem with access to the rear yard if the variance should be granted. Mr. Ladd replied that there would not be a problem as far as he or the Mr. Schnell asked Mr. Ladd if it were preferable to access an attached garage or a detached garage which was set back one hundred feet. Mr. Ladd stated that a detached garage set back from the street would necessitate taking the attack further than if the garage were in front. Board of Adjustment Page 6 03/7-6/98 Board Member ABBOTT stated that, from his experience with the Denver Fire Department, he would prefer to fight a fire in a detached garage rather than a garage which was attached to a house, Board Member HOVLAND commented that it was his understanding that insurance companies, consider detached garages to be less of a fire risk than an attached garage, Chair Person MAURO swore in James Negre, 12200 West 35th AvenLI Ioard Member HOVLAND stated that, although he was sympathetic to the applicant, he didn- think tile request fits the criteria. Mr. Schnell stated that some of his neighbors had offered to write letters but he told them he didn't think it was necessary. voting against Me motion because he telt the applicant has had every opportunity to present his case and there would be no justification for continuing the case. Board Member ABBOTT stated that he felt a continuance to receive further testimony from the neighborhood would lend credibility to the argument that it would be a betterment to the neighborhood, and that he believed a neighborhood should • able to decide if an anomaly fits in their neighborhood. Board of Adjustment Page 7 03/26/98 Board Member ECHELMEYER stated that he did not feel the neighborhood has the right to speak for the community as a whole and therefore would vote against continuance. Board Member THIESSEN stated that variances are granted on a case-by-case basis, and that she agreed neighborhoods do have a right to have a say on what is happening in their neighborhoods. The motion failed by a vote of 5 to 2 with Board Members ECHELMEYER and HOWARD voting NO; Board Member JUNKER absent. • =0 Upon a motion by Board Member HOVLAND and second by Board Member WALKER, the following resolution was stated. Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application, Case No. WA-98-6 is an appeal to this Board from the decision • an administrative Officer; and Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-98-6 be and hereby is approved. Type of Variance: A request for a five-foot variance to the five-f♦• t side yard setback. For the following reasons: The Board finds that, based upon all the evidence presented and based on the Board's conclusion relative to the ten specific questions suggested by the variance, the evidence and facts in this case do support the granting of this request for the following reasons: The proposed garage will allow for adequate separation between the adjacent structure to the west. Approval of the request may provide a benefit to the neighborhood in that there may be some aesthetic relief from outside parking and storage. I 4. This particular home is unlike most in the neighborhood in that it does not have the same amount of space for storage as other homes. With the following conditions: The garage must be designed so the style and materials match the applicant's existing house, 2. Rain gutter downspouts must be directed to allow for rainwater to flow away from the property to the west. With the condition that the applicant pull a building permit to include all the additional living space indicated to the Board through testimony and as indicated as item no. 3 in the handout from Bader Burke & Company, Inc. The motion failed by a vote of 5-2, Board Members HOWARD and ECHELMEYER voting NO. osition: A request for approval of a five-foot side yard setback variance to the five-foot rear p yard setback requirement for the purpose of constructing an enclosed garage was denied, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. 6. CLOSE THE PUBLIC HEARING 11111111111111111 1 11111 111 111111111� III WN �=��ill��ilf�� Board of Adjustment Page 9 03/26/98 A 91 NEW BUSINESS A. Approval of the Minutes: February 26, 1998. It was moved by Board Member ECHELMEYER and seconded • Board Memb WALKER to approve the minutes as presented. i The motion carried by a vote of 7-0, with Board Member XNKER abserm B. Board of Adjustment Voting Rules. There was a consensus of the Board to approve the ordinance. ADJOURNMENT Board of Adjustment Page 10 03/26/98