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HomeMy WebLinkAbout05/28/1998MOKI H Mel MLI 1111KI go I -am AGENDA May 28, 1998 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) Approved w/ A. Case No. WA-98-10: An application by Scott and Sharon Galloway for approval conditions of a fence height variance for the north softball field in Randall Park for the purpose of erecting a 14' backstop fence to shield the homes. Approved w/ B. Case No. WA-98-14: An application by David Peterson for approval of a nine conditions foot front yard setback variance from the 3 0' setback requirement for the purpose of constructing a detached garage, Said property is zoned R-1 and located at 103 )20 W. 35" Avenue. 7. NEW BUSINESS Approved A. Approval of Minutes: April 23, 1998 8. ADJOURNMENT to June 25, 1x198 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment SURROUNDING ZONING: W. N: and S.- Residential-Three and E: Mountain View DATE POSTED: May 14, 1998 DATED LEGAL NOTICES SENT: May 5, 1998 AGENCY CHECKLIST: (XX) NOT REQUIRED 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. I. REQUEST 41SIVU IVU Ifluil's VC1119 strcwrl drittilit MUIr OMIX about the possibility of chasing a ball into the street. 1 1 1 TIM 1 1 1 1 1 1 13 • 1111 �•'� 11 SITE PLAN There are two softball fields located in the park; the northwest comer and the southeast comer. The fie in question is located in the northwest comer, and plays towards the southeast. The firstbase line is along Gray Street and the thirdbase line is located along West 43 Avenue. I III CRITERIA 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 park. However, approval of the request will permit the softball field to • used in a safer manner. 2. Is the plight of the owner due to unique circumstances? No. There are several properties in the City of Wheat Ridge that are located near parks that have softball fields. 3. If the variation were granted, would it alter the essential character of the locality? No. The essential character of the locality will remain that of a single family residential neighborhood. Approval of the request will allow for the internal backstop fence to be extended to a height that will help prevent errant foul balls from damaging adjacent properties. 6. Is the purpose of the variation based exclusively upon the desire to make money out of the property? No. The purpose of the variance is to prevent errant foul balls from further damaging adjacent properties and to help prevent children from chasing balls into the street, 7. Has the alleged difficulty or hardship been created by any person presently having interest in the property? i No. The alleged difficulty has not been created by any persons presently having interest in the property as the property is owned by the City of Wheat Ridge. Board of Adjustment Page 3 WA -98 -10 No. Extension of the backstop fence will not impair the adequate supply of light and air to 2,djacent properties as the backstop is located well away from any adjacent structures. Also, because approval of the request will not change the use of the park, there should not be an increase in traffic congestion or an increase in fire danger. Approval of this request will result in a benefit and contribution to the neighborhood as it should 'help prevent fouls balls from further damaging adjacent properties and prevent children from chasing balls into the adjacent streets. Staff concludes that the above criteria does support approval of the request. The action of this request was initiated by the adjacent property owners in hopes that this would alleviate some of the problems they have had with fouls balls from the adjacent softball field. The City ♦ Wheat Ridge Parks and Recreation Department supports the request. 9_' , pti`5_n7V_.T 7 l move that case no. IVA-95- I f, a request for a 4' backstop fence height variance to the 10' backstop fence height requirement for a property zoned Residential-One, known as Randall Park, be APPROVED for the following reasons: I . Approval of this request should positively enhance the public's health, safety and welfare. 2. Approval of this request will positively contribute to the neighborhood. 3. The action requested was initiated by the adjacent property owners." Option B: I mo case no. WA-98- 10, a request for a 4' backstop fence height variance to the 10' Board of Adjustment Page 4 WA-98-10 --__ _ - -- d d d d d d 6 P d "1 1 € — 4 "SC7N PVC .. — — ,..n...,.....®..� 014W r s • -. •. ^r TO.- Sean McCartney, Planner FROM: Rick Murray, Park Superintendent IRE: ,Randall Park. Ballfield Fence Variance DATE: 3/26/98 s memo is in r ; 4344CL aS Slow 0311players to keep them from running into the street chasing out-of -play balls'. foul balls on first base or t ;!• • • (6) feet in height and a variance to fourteen would hopefully address this problem, b! express to Sharon that we would work 4 !! what we could to ! but 4 for this project would be in the form of a'maintainarice project in the 1998 budget. Thank you for your The City of ADMINISTRATIVE PROCESS APPLICATION GWheat e VIK e Department of Planning and Development "idg 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 *ate Received Receipt No. Case No. Ofi t � ' • 1 * • Milli .a e • • • • • • # a COMPREHENSIVE PLAN FOR THE AREA: Low Density Residential DATE PUBLISHED: May 8, 1998 ,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. 1. REQUEST The applicant, David Peterson, is requesting approval of a nine foot variance from the 30' front yard setback requirement to allow for a detached garage in the Residential-One zone district, If approved, the garage wi I I be located 2 V from the front property Pursuant to Section 26- 1 O(F) of the Wheat Ridge Zoning Ordinance, a detached garage must retain a front yard setback of 30 from the property line And a 5' rear yard setback. If the variance is approved, the structure will • 21 from the front property line and 9from the rear property line. reasons: The applicant's current request still locates the garage on the east side of the residence, but has • significantly modified in size and is now requested as a detached garage. The modified request addresses the Board's concerns numbers 2-5 as stated above. In regards to lo on the west side of the property, the applicant has stated that there may be possible traffic conflicts between the new garage and the intersection of Miller Street and West 35th Avenue, According to the Wheat Ridge Traffic Engineer Steve Nguyen, a garage located on the west side of the property could pose as a possible traffic conflict between the motorists approaching the intersection of Miller Street and West 35 and the driveway access on the west side of the property. III VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 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 structure may continue to be used as a single-family residence and yield a reasonable return in use, service and income. However, the addition of an enclosed garage would allow the structure to comply with the other residences in the neighborhood. 2. Is the plight of the owner due to unique circumstances? Yes. Because of the triangular shape of the lot and the location of the existing residential structure, the applicant would be unable to locate a detached garage on the property without the need for a variance. 3. If the variation were granted, would it alter the essential character of the locality? 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property I WW1111111111 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No, but the applicant was aware at the time of purchase, that future development may create a hardship. MORE • , According to the Wheat Ridge Traffic Engineer, Steve Nguyen, a garage on the west side of the property could create traffic conflicts between motorists approaching the intersection of Miller Street and West 35 Avenue and the applicant backing out of his driveway. A garage on the west side should be avoided, Although request for this variance is solely for the benefit of the applicant, there would be a resulting benefit to the neighborhood by allowing this property to conform to the neighborhood 'character of having garages. V STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the above criteria does support approval of the request. The applicant has researched the property and concluded that a garage of this size would both permit proper storage for his vintage automobiles and have a minimum impact on the surrounding properties. The applicant plans on creating an arched driveway , thereby vacating the existing access and driveway. Staff recommends that if the existing access and driveway are vacated, the applicant must replace the driveway with sod and a qtreet tree. � � nr g N 34TH PL W 34TH fl 3485' + we 3445 r r cup -93 -1 n uj $429 1 0 P i7`. wj ,y H rry ;g( i .�.�.{ D ✓4 .. �e. p � 3 t .....32hD fR. W !Qkc PL. .....,. 3225 .. _..v_.._ .... W 32W AVE •- ,.�°'....°' "" _ .. _ .. ? LAKEW OFFICIAL IOO-TEAR FLOOD PLAIN NE 2S ZON I NG MA � .} (APPROXIMATE LOCATION} ZONE pIST€ZICT DRY ii __� / '� RI PARCEL/LOT BOUNDRY c xs +ua aoo aoo +x (L>E I NATE OWNERSHIP) CO °Y Sir- 1`� CITY LIMIT LINE MAP ADOPTED. June 15,14,09-4 WATER FEATUR Last Revi5iam Septvrber 18, 1996 DE NOTES MULTIPLE ADDRESSES DEP ARTMNT OF PLAMN6 AW DEVELOPMNr - 235-2852 SUIMI--'�ING INC. IMPROVE LOCATION , it) (, x' , a S CD TIFICATE Scale: 1 30' by ;)a ve PeLC-t-SOn. The 0 30 (; frcii: the recordcd LOi' 17 000 OVERLOOK ESfAiES was COUNTY OF' ERSON STATE OF ("OLORADO MES 7' 35 Tea{ A VENUE 60' M [7 IV I N1 WS 0 Si OUI IRON ROD DIIVN O.4* 1 80. 3' FX11 1 3/8'* SKOW4 IRON RM DtIVN 0.4' Lo )� cu - 1 4* 4 V I SIORY NO 11 CK&F'RAME OAR, L41 I ✓ PLAWO NUI& CrIC. DRIVE EXCCrDS PROPERTY LIW AS $;11L1WN WILE S1 IED fNCR0ArttFS INIO CSMI. AS S14UVN ltkAr 113;rZ ttioi,�ovo,Artjr inrAiCN V; PRFPARr FOR DAVF F''IfRSON , it) (, x' , a S r I . (I i sited by ;)a ve PeLC-t-SOn. The easemerILS ShOVIN wQr0 (; frcii: the recordcd plat. . N'o 000 was provided. ltkAr 113;rZ ttioi,�ovo,Artjr inrAiCN V; PRFPARr FOR DAVF F''IfRSON WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 4 2. A two-car garage is considered normal, average and standard for a lot of this size. Motion was seconded by Board Member ECHELMEYER. Motion carried Resolution attached. B. Caae 11Q, WA-27-28: An application by David Peterson for approval • a 15 front yard setback variance to the 30 front yard setback requirement to allow construction of an attached garage. Said property is zoned Residential-one and located at 10320 W. 35th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Also entered into record were letters of no objection, and one against the request. Board Member THIESSEN asked if the variance is not granted would he build the garage on the other side of the house, and Mr. Peterson said no. He will rent the house out again and move back to his other home, and later on the house would probably be torn down. Board Member ECHELMEYER suggested shortening the garage down to 25', and Mr. Peterson said the garage has to be angled and it needs to be 28-30 long to look proper, and feels the 3 car garage would be more acceptable. The garage cannot be built on. the west side of the house because of the beautiful trees, Mr. Peterson said the concrete will have to be removed and explained they did not know the driveway went into the property WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 5 line until the 6 fence was built by the neighbor. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 6 Motion was seconded by Board Member KER. Motion carried 7-0. Resolution attached, Ca NQ, WA-97-2,2: An application by Robert Davis for approval of a 17 1 6 11 front yard setback variance to the 30 front yard setback variance requirement to allow a garage addition. Said property is zoned Residential-One and located at 12075 W. 29th Place. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HO accepted. Board Member ECHELMEYER discussed the dimensions of the proposed garage. It was noted this is a legal non-conforming setback. The new garage will be placed directly in front of the old garage. The applicants feel this is the best aesthetic solution due to the irregular shape of the lot and the way the house is set on the lot. They have talked to their neighbors and have not received any objections; five of them have signed a petition stating so. City of Wbeatridgc Zoning Council 4/30/98 My name is David S. Peterson, I live at 10320 W� 35 Ave. I have purchased the hove alt this address as a three bedroom single family ]ionic with no garage, planning at the time, that it would be no problem to build a two car garage to fit my family's needs, and use of my hobbies including an array of Collectors Edition of fine automobiles. As a collector of these fine cars, it is very important to the value and restoration of keeping the weather elements, such is rain, snow, hail and heat front devaluing niN iiivcstnicnts. One of many good reasons in my cN as to having such garage, was for storage, safe keeping and trifling of my collection. Not wanting to have to store them elsewhere, as they have great sentimental value, and where I do not have access to them and being charged to store them properly, as I have had to do in the past several months because I do not have a place to put them such as A garage, First of all, the reason for requesting the setback variance is quite simple. The home was bought as I stated earlier as a three bedroom d\Nelling. There was all csisting carport that is now a room, finished and in use, (Of that I will add was the third bedroom in the home as purchaased.) Therefore to add a garage that, I) Is high]) functional 2.) I'lic homes within a five block radius all have, and 3.) To improve not only the value of in) properly but to greatly inprove the appearance of my home in which I take , &rcat pride in warning to rectify. The setback varincc in which I am requesting is 9 feet of the 30 foot setback. The closest corner of the garage would be 21 feet from the sidewalk. There is no request for a rear setback variance as the back corner of the garage is 9 feet away front the fence line. The allowable is 5 feet. There are also no plans for a 50 foot wall as stated by Mr. Lewis, I do not know where he seems to have gotten his information from? As to his ClaustropiloblC tendencies, i feet they are none of my business and I am sorry he feels this way. I only hope the 6 foot fence he built around his home, and the 15 to 20 foot trees lie has planted behind and along his fence title adjincl:nt to my properly will not enhance his closed ill feelings. I in turn will have to replace the concrete drive -wly because Nfr. Lewis has drilled holes where his 6 foot fence was erected without my notice or permission while I was away on business and has caused severe cracks, which is causing \\ damage to my driveway, Second, I im not sure as • why Mr, Lewis feels lie would want me to build my garage oil the \\ side of in, y house, I would have to completely rcinodel the inside of my home to accommodate this feat and to • so would be more costly and the ncc� for more permits and variances than I am already asking to be granted. Therefore adding my garage \% I am proposing will downside my cost and make it much more affordable and seems to ♦ the only cfficient place to put it, Thirdly and foremost, I bKAic\ there have been several instances where setback variances have been granted. In my immediate area there was a side and rear setback variance on 35' and Lee. As to the Fire code and the structure being a fire hazard to Mr. Lewis or myself and family, the building codes state as by law that the 5 feet variance is in normal code and proves to be no threat. After much time, forethought and planning. I have changed my garage si7e from a 3 car to a 2 car garage - minimizing iny earlier variance requests and hoping to be carefully selected to be granted the variance I ant planning for, A- Thank you for your time and patience in \ cons�i ration, Nir David Scott Peterson Recordcd at o'clock NI Reception No. QUITCLAIM DEIA) IIUS DEED, We this 13th ( Of August . 97 between Lisa M- Taylor Rmtr&i or the "County of Jefferson am! State of Colorado, grantor(s), and Lisa M. Taylor and David Scott Peterson as Joint Tenants whose Qd afIdrcw is 10320 W. 35th Ave. , Wheat Ridqe, CO of the County of Jef fee so" and Stale lit Colmado, grantee(s), WI l'M".SSl the grintot(s), for and in of the ctml (if TEN AND 140/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IXMJARS qh and m do c i e " c y of % f ; h"h is hcwhy namn0olpej ha ",& ..j .,hl, omNeyn ano tpur UAlkHAD, and by is these presents (10 remise, release, sell, colovey Mw QU"IIAMI mini ow pma"s), hot s wcessors and mipn, fomwo At dw right, 60c, owtew won and Inffaml %O&h Ow pmawn) ha i a mt h) the teal prolierty, together with w"vowntems, if my, situate, IQ Mid hQT w 111C Urea m Y of Jefferson and Slate of Colorado, described as roltows: L-t 17, Overlook EsLates NO D(XUI FIVE - C0WVrN I EIICE !MED 10320 W. 35th Avenue. Wheat- Ridge, CO S0033 IU IIAVF AM) V) IKMJ) the saow. liTcOw wall TIN :real ATAM ow a am! Inhileges thacunui lockiriging or in anywise f1mmunto am! a" the coraw 60C Ole, AMMM Mw claim whalwwo to the p"urit"OSL WWI in l;nV or cquity, to dw mdy popm "so Knefit md befusof of ore pawds), h6% MO awgm GwwI IN wl I NVIIFIVISM! TIM paum"M ha exernicd this deed oft the date wt fools htwt: (t Lisa m. nylor S FAI F OF COI ORAIH LAND USE a CASE PROCESSING APPLICATION 'M Plannin; and Development Department 7500 West 29th Avenue, wheat Ridge, CO 30033 pct c * Phone (303) 235 -2340 rw (Please print or type all information) Q 5 ' applicant 1 S address Phon QL4'ne 11 oe ?, O KI City Address 2-Q Phone City t ( 6 g;7 I Location of request (address) C . Type of action requested (check one or more of the actions listed below which pertain to your request,) Change of zone or zone conditions Variance 1 Waiver El Site development plan approval Nonconforming use chancre El Special Use Permit Flood plain special exception E] Conditional Use Permit E] interpretation of Code E] Temporary Use, Buildings, Sims EJ Lot line Adjustment E] )Minor Subdivision (5 lots or less) Q Planned Building Group E] Subdivision (More than 5 lots) E] Street Vacation Q Preliminary EJ Final Other: ?etailed descriptl n of the request: r zK G s M r FRIETIM 111113 s 11 1 1111 11 111 1 11 1 5 1111 1 11 F Size of Lot (acres or s i. wdl Assessors Proposed use:- Parcel Number: Date received Receipt No. Case No. Related Case No. Zoning. Quarter Section Map CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT 2. ROLL CALL There was no one signed up to speak. Roard of Adjustment Page 1 04/23/98 5. PUBLIC HEARING Barry Jumpe 4201 Reed Street Mr. Jumpe was sworn by Chair Mauro. He stated that he built the shed for storage purposes before he was aware that a building permit was WHIBOW NOUN= - me sneW # # inere W711,11F 11111117 firz a licult 1*1 foot side yard variance. He also asked if the applicant had plans to place concrete or blacktop in front of the shed. Mr. Jumpe replied that he would be willing to, move the shed five feet forward; however, an exhaust vent from the house furnace would interfere with the shed and, therefore he would still like to have the one-foot side yard variance. He stated that he planned to leave the area in front of the shed as grass. Oard. 1WC_M!t_)e_r ask=e ! i # Fen receive neighbor at 4295 Reed Street. Board of Adjustment Page 2 04/23/98 Mr. Jumpe replied that the homeowner of that address had approached him about the letter he had received from the City. He stated that when he explained the variance request, the homeowner said he did not have any objections. Mr. McCartney informed that the City had not received any opposition to the request. Upon a motion by Board Member HOVLAND and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, Board of Adjustment application Case No. WA-98-3 is an appeal to this Board from the decision of administrative officer; and Type of Variance: A request for approval of a one-foot side yard setback for the purpose of allowing a storage shed. For the Following Reasons: The motion carried by a vote of 5-0, Board Members ABBOTT, THIESSEN and WALKER absent. Board of Adjustment Page 3 04/23/98 Disposition: A request for approval of a one-foot side yard setback for the purpose of allowing a storage shed was approved, Mr. McCartney reviewed the staff report and entered into the record the zoning ordinance, case file, packet materials and exhibits. He informed that the property wai within tie C , , W1 at • hat a ot atij and o tin re uirements (Board Member THIESSEN arrived at 7:53 p.m.) Board of Adjustment Pa 4 04/23/98 motion that approval of the request be based upon the signed agreement between the applicant and the property owner to the north. (A draft copy of this agreement was prodded to the Board members and entered into the record as an exhibit.) Following questions and discussion, the applicant's representative addressed the Board. moti s Board I • ' V a4 • • •• �.• • a y• Whereas, the applicant was denied permission by an administrative officer; and B oard Whereas, Board of Adjustment application Case No. WA-98-13 is an appeal to this t of d • and Whereas, the property has been posted the required fifteen days by law and there were no protests registered against it and applied Whereas, the relief • . without detriment to the public substantially welfare and without • purpose regulations governing the City of Wheat Ridge. Theref r Board of Adjustment App lication be and hereby appro Type of * i f oot setback for purpose of allo Board of Adjustment Page 04/23/98 1. Approval of this request does not adversely affect the public health, safety and welfare. 2. The applicant will provide complete landscaping of the area to enhance the essential character of the locality. 3. The neighbor to the north agrees to the site plan modifications. With the Following Conditions: That the letter of agreement be signed, notarized and recorded to verify the agreement. the agreement be maintained in the future. The amendment was accepted • Board Member HOVLAND, Board Member HOVLAND asked for clarification as to whether the agreement would stay in effect as part of the variance if the property were to be sold. Sean McCartney replied that the agreement would stay in effect if it is addressed within the conditions and requirements of the variance. Following further discussion, a vote was taken. The motion carried by a vote of 6-0, with Board Members ABBOTT and WALKER absent. 01 • Board of Adjustment Page 04/2' )/98 LINDA MAURO, Chairperson Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment -- Board of Adjustment Page 7 04/23/98