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Home My WebLink About12/10/1998�ILQIIAAAI - i 1 . I W IMM13 NUS 11 &V M EPR&I V.3 a a 0 k TO: Board of Adjustment DATE OF MEETING: ' 5VKRR�� NAME & ADDRESS OF OWNER(S): Same ------------------------------------------------------------------------------------------------------------------------------------------- APPROXIMATE AREA: 20,694 square feet PRESENT ZONING: Residential-One A PRESENT LAND USE: Single-Family Residence SURROUNDING ZONING: N: E. W: and S: Residential-One A SURROUNDING LAND USE: N: E: W: and S: Single-family ----------------------------------------------------------------------------------------------------------------------------------------- 0 OTHER ----------------------------------------------------------------------------------------------------------------------------------------- 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. MENRUIN&M RIMENDMORIMIKII The property in question is located on the west side of Depew Street, north of West 38 Avenue. The entire property is an odd shaped lot measuring 20,694 square feet and providing plenty of development opportunity. Board of Adjustment Page 2 WA-98-29/Goddard Ill. VARIANCE CRITERIA pil qiq 11yq1 111 111 1111111 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 the request is denied, the applicant may continue to use his property for single-family occupation. 2. Is the plight of the owner due to unique circumstances? No. There are no unique circumstances attributed to this case. 3. If the 'variation were granted, would it alter the essential character of the locality? Yes. Even though the proposed location is in the back yard, out of view • passing motorists, the existence of the structure would be considered out • character for the neighborhood. There are no other properties in the immediate vicinity which exceed the maximum building coverage requirement for detached garages. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property No. The purpose of the variance is to allow for additional parking space and a work shop. Board of Adjustment Page 3 WA-98-29/Goddard M 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The alleged hardship has been created by the owner of the property. V. Would the nting of the variations be detrimental to the public welfare or injurious to gra other property or improvements in the neighborhood in which the property is located? No. Approval of this request will not be detrimental to the public's welfare in that the proposed detached garage will be located in the back yard of the property in question, approximately 80' from the nearest right-of-way. Also, because the property will have to g1tob74y ial-One A zone district,--Wroval of this request should not be injurious to other property improvements in the neighborhood. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. No. Approval • this request is solely for individual benefit and should not benefit the neighborhood or community. I III Board of Adjustment Page 4 WA-98-29/Goddard M Board of Adjustment Page 5 WA -98 -29 /Goddard A -s r J Z ONE DISTRICT BOUNO PARC ELA — OT :• ts- gar.. ♦ s�— DE , ADDR ESSES II: t M VWARTMW OF RMM rte VEYWRIENT - 28W SEPTEMBER f 191 A4 A * D ♦ rr .a 50 z a c N TILCPHof42 Ot 3-tOt# i. 1205 elcocc STAVIET OfFhv.m SCALE: I INCH EQUALS 20 FEET REGISTERED ENGINEER SURVEY CERTIFICATE NO. 9100-51 REGISTERED LAND SURVEYOR SEPTEmara 27, 1979 OWNER: KEN OLLcA w � t IL SLOCX 20. IN STEWART GARDENS I EAST 57.0 FEET TO OCPCW STREET NORTH LINE OF SLOeK 21 RECEPTION NO. F0638977 w IL IF 2S 0 w w 3 5 w ' 6II 0 9 6 IL iol 0 lv� 2 2 31 z w 3 0 N 0 Z z 0 J w J= i4 k 0 0 1, w 4 4 YI Q 0 IL EI h L z co w 4x w D 0 ILI AJ III III tX 0 POWER POLE ✓ 1 WOVO4 WIRE FENCE rcucc , )k � CORNER ET cy Ap (PIN SET Suocx 22, 9 FOUND 319 PtIN41 0 . 0 7 1 NOR H) STEVARTGARDENS SURVEYOR's CERTIFICATE; I—o Ty'"E"" SHOWN AND OCOCA18 "NOINO OR SETTING ALL CORNERS WITH CAPPED NALr- INCH ST EEL Att"FOROINO BARS EXCEPT AS NOTED AND FROM SAID SURVEY HAVE PREPARED THIS MAP. rtJ*THC* CERTIFY THAT THIS SURVEY 14 EXACT AND TRUE AND THAT THIS MAP ACCURATELY REPRESENTS SAID r a Y " %1 . 3 72' VNIM V, M } RECEPTION • r RE 0001- .• ii cc scrt "City ^acct........_ _ .. __._._...... .._�._.»�. ,. tttu »Qt. QUIT CLAW littl >is�tatll�uw �� 4a � � � � -•• .••. -.., t j tNvifw+« Hw i*Aiws. 1141 t#" 00 ".*! . tMrwrt, tYt yNg*fXt «. (,k }11 "X::11XMi If f t M I I'll no L CR, CASE PROCESSING APPLICATION *H, A ��►B Planning andIevelopment Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 Phone(303)235-2546 Proposed use- IN r_- Notary Public My commission expires L 1 Z Date received —50W Related Case No. /7 Zoning .9= L& CASE NO. & NAME: TUP- 98- 81Chesrown CASE MANAGER: Alan White ACTION QUESTED: Temporary Use Permit to Allow Vehicle Storage and Employee Parking in a PCD Zone. LOCATION OF QUEST: 3601 Wadsworth Boulevard NAME & ADDRESS OF APPLICANT: Todd Maul for Chesrown DATE POSTED: Automotive Group, Inc. DATE LEGAL NOTICES SENT: 3765 Wadsworth Blvd. ENTER INTO RECORD: Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Chesrown Automotive Group, Inc. (X) ZONING ORDINANCE 3765 Wadsworth :Blvd. 0 SUBDIVISION REGULATIONS Wheat Ridge, CO 80033 APPROXIMATE AREA: 3.3 acres PRESENT ZONING: Planned Commercial Development PRESENT LAND USE: Vacant SURROUNDING ZONING: :R -3, +C -1 S: R -2, R -3, RC1 E:R- , R -C W:PRD, R -3 SURROUNDING LAND USE: N_:mult- family, car dealership S:church, multi - family, low density residential W :multi - family :office, multi - family DATE PUBLISHED: November 20, 1998 DATE POSTED: November 2, 1998 DATE LEGAL NOTICES SENT: November 17,1998 ENTER INTO RECORD: 0 COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE 0 SLIDES 0 SUBDIVISION REGULATIONS (X) EXHIBITS 0 OTHER • 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 RMMMG Board of Adjustment Page TUP -9 -08 The following comments are provided regarding the criteria for approval ♦ a temporary use permit. The Board's decision should focus on the site of the parking lot, not the entire Chesrown ownership. 1. Will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. INEM 2. Will not adversely affect the adequate light and air, nor cause significant air, water or noise pollution, or cause drainage problems for the general area. supply of light and air for the general area. Erosion control is in place with grading and drainage being addressed in wetland plans submitted to the City. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. The additional employee parking has minimized parking congestion along Yukon Court. The gate requested as a condition of the original temporary use permit has been installed to limit Yukon Court access to emergency access only. Access to the parking lot is from a point internal to the Friendly Ford site thus minimizing traffic conflicts. 4. Will be appropriately designed including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with character of the surrounding areas and neighborhood, especially with adjacent properties; and The original approval included conditions for screening which has been installed. The extent • grading on the site is due to the wetlands reconfiguration and not the parking lot. A permit from the Anny Corps of Engineers has been approved for wetlands mitigation which requires completion by June 30, 1999. Location of the wetlands is dependent upon the configuration of uses on the PCD and the outcome • the ground water recharge. 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. There are adequate fire protection facilities for the interim use. The parking lot will have impact on the capacities of existing streets, utilities, parks, schools or other public Board of Adjustment Page 3 TUP-97-8/Chesrown /6--3 IV. STAFF'S CONCLUSION Staff concludes that the applicant has complied with the conditions established in the resolution of the original temporary use permit and has met all conditions required to date • the stipulation agreement. The criteria for approval of a temporary use permit are met. Staff recommends approval. Option A: "I move that Case No. «8 0: a request for approval of a temporary use permit to allow the continuation of an employee parking lot and vehicle storage for property zoned PCD and located at 3601,Wadsworth Boulevard, be APPROVED for the following reasons: 1. The applicant has complied with all conditions established in the resolution of the original temporary use permit and the conditions of the stipulation agreement with the City. 2. The request meets the requirements set forth in the established criteria for temporary use permits." Option B: "I move that Case No. TUP-98-08, a request for approval • a temporary use permit to allow 3601 Wadsworth Boulevard, be DENIED for the following reasons: 1. 2. CAB arbam' Board of Adjustment Page 4 TUP-97-8 /C hesrown '`�,� i J i t i 1 L M fy z 'qA 76 /-/1 &OM < cr LLJ L- n L'o 0 z z 00 (r- x V) Li M'! 'OiF 0 o saov :OL r C, LA- L ...4:MVT±� ..k 111111 r r�z dAl 6t VI SDY OZ tY d i LLJ IW —j < iro, Ms M fy z < cr LLJ L- n L'o 0 z z 00 (r- x V) Li L 0 o U r C, LA- ...4:MVT±� ..k 111111 r r�z dAl 6t VI SDY OZ tY d i LLJ IW —j < iro, Ms ( � � ' }" ,v- 7 r OWN WHEAT RIDGE BOARD • A11 JUST14ENT MINUTES • MEETiNG: October 23, 1997 Motion was made • Board Member ABBOTT, that Case No. T'9-!M Board Member THIESSEN stated she is strongly opposed to any continuation of this case and is strongly leaning towards a denial. Board Member ECHELMEYER said he thought the wetlands issue had been settled, and Ms. Reckert said the original approval and 3. This has been a atibl land use with the adjacent properties. 4. The Temporary Use Pe i as not overburdened the capacities of the streets an utilitie nor increased the number of residences or e loyees in the rea and the parks and re a an e parks and c' t pa schools have of been impacted. 5. Staff and e owner's represent it Iti v re e t would be t Ative ree would be e impract* able at this time to request a oning change. WITH TH FOLLOWING CONDITION: 1. he 'Temporary Use Permit will be for one year. Motion was seconded by Board Member ECHELMEYER. Motion carried 7-0. Resolution attached. E. Ca.-,e No. TUP-2_L-_a: An application by G.J.'s General Contractors for approval of a Temporary Use Permit to allow vehicle storage and employee parking. Said property is zoned Planned Commercial Development and located at 3601 Wadsworth Boulevard. Board Member THIESSEN stated she is strongly opposed to any continuation of this case and is strongly leaning towards a denial. Board Member ECHELMEYER said he thought the wetlands issue had been settled, and Ms. Reckert said the original approval WHEAT RIDGE BOARD OF ADJUST14ENT MINUTES,OF MEETING:,Oct as' r 23, 1997 Page 10 needed to happen within the Wheat Ridge area. They were able to find a site on Coors property along Clear Creek that not only met their needs, but the City's as well. Board Member ECHELMEYER asked if this will have any impact on the greenbelt, and Ms. Reckert said actually the intent is to help the greenbelt because it establishes an area th is not,very conducing to being taken over by nature. I Board Member ECHELMEYER asked if this would fill in the lakes, and Ms. Reckert replied no', however, it does establish a wetlands habitat and that is reasoning behind the mitigation. Board Member ABBOTT requested that Ms. Reckert go over the On number three, access to Yukon Court will be for emergency vehicles only and that the residences on Yukon Court not be impacted by traffic to and from the lot. M. Reckert believes they complied with that. On number four, removing the employee vehicles from Yukon Court will have a positive effect on the persons living on that street, and that also has been met. • number five, the proper screening will assist in providing minimal negative effect on the aesthetics in the area. The screening has been provided. Ms. Reckert would like to see that landscaping be installed along the adjacent T-)D WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 11 residential property lines. On number six, the issue of the Allison Street revocable license agreement has been reviewed by the City attorney. This relates to a zoning condition and when final zoning action is being reviewed, staff will need to involve a certain neighborhood to the east. Board Member HOWARD asked if the property is under a Planned They are asking for an extension on the Temporary Use Permit to correct the violations and problems with the development, but also would like a continuance of the hearing tonight. Z-d -Board Member ECHELMEYER asked if he was not aware of the terms that were set down, and Mr. Morgan replied absolutely not of that term. Board Member MAURO wanted to know what the lot is used for, and Mr. Morgan answered service parking and employee parking only. At the City's request, there is absolutely no storage of vehicles. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 13 a continuance does not grant that, and Mr. Morgan said that is why he is asking for both. Board Member ABBOTT said they relied heavily on testimony by management last time and took them at their word. They seemed very sincere and competent, but obviously they were not, so how does the Board know they are plugged in,tonight. Ms. Reckert said there has been numerous contact between staff and Chesrown representatives. Granted, they have had some unusual circumstances that threw them off their time schedule. Board Member THIESSEN stated the non-compliance and the continued non-compliance is the problem. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 15 Board Member HOWARD asked with what there is left to do, how much more • + he feel necessary o WHEAT RIDGE BOARD • ADJUSTMENT MINUTES OF MEETiNG: October 23, 1997 USESM time the Board meets. Bob Goebel said this is what happened last time, City Council gave them permission to de-water the Mr. Dahl made the suggestion to hear from the ot er witnesses and neighborhood as well. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: October 23, 1997 Page 17 Ms. Brinkman said she does not believe the parking lot is for employees only because there are cars parked there tonight, and there are no employees there. Elsie Brennan, Wheat Ridge Plaza, was sworn in. Ms. Brennan's concern was the seven lights on the south end of the building that glare right into her bedroom window at night. No further questions were askedj Motion was made by Board Member THIESSEN that Case No. TUP- 97-8, be DENIED for the following reasons: 1. The Board concludes that the applicant: (a) Has failed to comply with the conditions imposed by the resolution granting the original Temporary Use Permit, and WHEAT RIDGE BOARD OF ADJUSTMENT NfINUTES OF MEETING: October 23, 1997 Page 19 Motion was seconded by Board Member MATiRo. motion carried 7-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes: September 25, 1997 Motion was made by Board Member HOWARD, seconded by Board Member ABBOTT, to approve the minutes of September 25, 1997, as printed. Motion carried 7-0. mlmmm•s •�� Consensus was to adJourn the meeting at 11:12 p.nM Mar Ldu hapla, Secretary �3 -� f I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board • Adjustment, do hereby certify that the following Resolution was duly adopted in the City • Wheat Ridge, County • Jefferson, State • Colorado, • the -23-r-d— day • QctQber-, 1997. 1 i a r*, APPLICANT'S 'NAME: G.J.'s General Contractors I Upon motion by Board Member ,THIESSEN , seconded by Board Member MAURQ , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. TU12-27-8 is an appeal to this Board from the decision of an Administrative Officer; and WHEREAS, the property has been posted the required 15 days by law NOW, THEREFORE, BE IT RESOLVED that Board • Adjustment Application Case No. JU2-97-a be and hereby isDENIED. TYPE OF VARIANCE: A Temporary Use Permit to allow vehicle storage and employee parking on property zoned Planned Commercial District. 1. The Board concludes that the applicant: (a) Has failed to comply with the conditions imposed by the resolution granting the original Temporary Use Permit, and Case No. TUP-97-8/Resolution Page 2 2' Therefore based • the criteria used to evaluate an application for a Temporary Use Permit, Section 26- 6(D )(3)(b) • the Wheat Ridge Code of Laws, the Board believes denial is in the best interest of the City. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker, Mauro and Thiessen NO: None DISPOSITION: Temporary Use Permit denied by a vote of 7-0. Malt Chairman Board of Adjustment Mar Lou )Chapla, Secretary Board • Adjustment Ridge who would be permitted to apply for variances following this same logic for variance. 3. The hardship has been created by the applicant. Mr. Jumpe asked if the Board would approve a request for a one-foot variance if lie moves his shed. Board Nlember 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 be a better chance of having a one-foot variance approved. D. _Case No. TUP 97.8, An application by Chesrown Automotive Group, Inc. for approval of a Temporary Use Permit JUP) to allow vehicle storage and employee Board of Adjustmertt Page 11 02/26/98 W - ' 0- 1 6 oc / parking on property zoned Planned Commercial Development. The property is located at )601 Wadsworth Boulevard. The case, which is a reconsideration of the TUP issued in 1996, was presented by Alan White. He stated that the property is within the City of 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 ' i ce II Board Member THIESSEN asked the status of the PCD. Mr. White responded that a deadline of June 1, 1998, has been established for submittal • the PCD which will then • to hearings before the Planning Commission and City Council for approval. Chair Person MAURO swore in Dick Scheurer, 143 Union Boulevard, Suite 625, Lakewood, CO Board of Adjustinent Page 13 02/26/98 Mr. Scheurer further stated that the apM licant will meet with neighborhood representatives of the Wheat Ridge Plaza Condominiums, the Valencia Condominiums and an apartment building on Yukon to advise them of the final plan and to address their concerns. In response to concern expressed by Board Members ECHELMEYER and JUNKER, Mr. Scheurer stated that if the opaque fence is not in compliance now, thatthe applicant will bring it into compliance. • NIM a 1011IM13M uSKT1W * Lit UU*W Me PUFKlflg N coutintu us it Tias MEN Efun SUM, CRITU US K-77 Council has had opportunity to review and approve a PCD or an amended outline development plan. Jar-L"ligm IN Board Member ABBOTT asked Mr. Maul to address the employee parking issue as well as inventory storage on the lot, noting that in 1996 the stated temporary use permit was to allow vehicle storage and employee parking. He asked Mr. Maul to clarify the meaning of vehicle storage. In response to Board Member HOWARD, Mr. Maul replied that they plan to have everything in place by June 1, 1998, for a PCD submission to the City and, in the meantime, they need to bridge the gap with a TUP. Board of Adjustment Page 14 02126/98 Board Member THIESSEN commented that she had seen several cars parked in the subject lot this week with fluorescent "for-sale" signs and new car stickers on the side windows, and that she noticed one parked there on her way to the meeting that evening. She asked if this was considered new car inventory. Mr. Maul replied that it could be a vehicle awaiting service work and promised to look into the situation immediately to absolutely insure that this would not occur. He suggested that these vehicles may be new vehicles that are in for warranty work. Board Member THIESSEN expressed concern about past non-compliance by the applicant, and stated that she finds it hard to believe that this employee parking lot is not going to be an extension of the sales lot, Mr. Scheurer responded that, although there has been reason for concern in the past, the applicant is attempting, to comply with all requirements. He added that there will be Z continued supervision of the Municipal Court to ensure that Cliesro'wn stays in compliance. Board Member ABBOTT asked the City Attorney to clari�y the bond. Gerald Dahl advised the Board that this would be a performance bond provided to the City and would be no different than a bond which is used for completion of public improvements. Board Member ABBOTT addressed Board Member THIESSEN's concern with the inventory vehicles in the lot and asked if there could be a condition on the TUP that such violations would be subject to fine by code enforcement. Gerald Dahl replied that such a condition could be put in place and violations could then be cited. Mr. Scheurer addressed the matter of the "for-sale" signs on the cars. and advised the Board that the applicant would investigate tile issue and bring the lot into compliance if a problem is found. ---- ----------- Board of Adjustment Pat 15 02/26/98 V Chair person MAURO asked if there were other individuals who wished to address the Board. There was no response. Upon a motion • Board Member ABBOTT, seconded by Board Member WALKER, the following Resolution was stated: Whereas, the applicant was denied a Temporary Use Permit by the Board on October 23, 1997; and Whereas, the Board of Adjustment Application Case No. TUP-97-8 is an appeal to this Itoard to reconsider their decision; and Whereas, the property had been posted the required fifteen days by law and there were no protests registered against it; and Whereas, the relief applied for may • granted without detriment to the public welta, and without substantially impairing the intent and purpose of the regulations governi the City of Wheat Ridge; and I I Whereas, the Board finds that based upon all evidence presented and based upon the Now, therefore be it resolved that Board • Adjustment Application Case No. TUP-97-8 be and hereby is approved. Type of Variance: Temporary Use Permit to allow vehicle storage and employee parking in a PCD. For the Following Reasons: Neighborhood meetings have occurred and continul 2. Permits have been obtained. 3. Conditions for gated access to limit use of Yukon Court to emergency exit only has Occurred. 4. All other conditions, other than drainage, erosion control, lighting and screening, Board of Adjustment Page 16 02/26/98 HOW have been complied with. A performance bond will be placed with the City of Wheat Ridge to cover 125% of all improvement and construction costs related to the Temporary Use Permit. 6. The City staff has stated that they consider the applicant and the City will resolve drainage erosion control mid lighting conditions with due diligence and are actively working toward agreement both within the City and within the Municipal Court with the following conditions. a) This Temporary Use Permit shall expire in six months or when City Council makes its findings as to a PCD, whichever occurs sooner. t�LVosition; Temporary Use Permit to allow vehicle storage and employee parking in a NOTIN-Mirl W04 6. NEW BUSINESS It was moved by Board WALKER to appro 0 meeting as pr rated. an �erJUNKER a�nt minutes of the January ed by Board Member 998, Board of Adjustment Board of Adjustment Page 17 02/26/98 M CERTIFICATE OF RESOLUTION 1, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado, on the 26th day of February, 1998. • 11 01 111 1 111111 I LOCATION: ' )601 Wadsworth Boulevard Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the following Resolution was stated: W fILL KCA I t e app 23,1997;and WHEREAS, the Board of Ad ustment Application Case No. TUP-97-8 is an appeal to i this Board to reconsider its decision; 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 be granted without detriment to the public V art'i governing the City of Wheat Ridge; and WHEREAS, the Board finds that, based upon all evidence presented and based upon the Board's conclusions relative to the five specific questions to j ustify the Temporary Use Permit, the evidence and facts in this case do support the granting of this request. NOW, THEREFORE, BE IT RESOLVE D that Board of Adjustment Application Case No. TUP-97-8 be and hereby is APPROVED. TYPE OF VARIANCE: Temporary Use Permit to allow vehicle storage and employee parking in a PCD. am WA-97-8/Board of AdjustmentResolutfon Page ? 3. Conditions for gated access to limit the use of Yukon Court to emergency exit only has occurred. r +U ( " ,) UNCILMINUTES - S= 1998 PAGE -2- i ;k V 4 Dan Schneider, developer of the Prospect Ridge subdivision, located at 38 and Union Court, asked Council what exactly they wanted him • • about landscaping. lot Itern I was introduced by Mrs. Shaver, title read by the Clerk. Mr. Middaugh asked that Council postpone this matter until the application is amended in order to address application deficiencies, a neighborhood meeting be conducted, and refer it back to Planning Commission. nuju:izmencacts to ceny a new or extended TUP, as appropriate; seconded by Mr. aiTullio, carried 7 - Item 2. Council Bill 31 - An a gid c^,m^;.mr IIW�96ml&qrnber 1987.1. 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Mr. Dick Scheerer Robinson & Scheurer 143 Union Boulevard Suite 625 Lakewood, Colorado 80228-1527 Dear Mr. Scheurer: the City of (303) 234.5900 0 ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 6- 3 M Planning and Development De «artment 7500 West 29th Avenue. Wheat R ( ge. CO 80033 Phone 301 2KI-.-:S.4 Chesrown Automotive Applicant Grou • Inc. Address-7320 N. Broadway Phone 303-650- CityDenver, CO 80221 Owner Same as above - Address Same as above -Phone City - Type of action requested (check one or more of the actions liste I below which pertain to your request.) Temporary Use Itetailed descriptiol of the reauest- • the south side o the facility. Fill out the following information to the best of your knowledern- PCD �;Lvyrent Zonin.; acres 'Size of Lot (acres • square footage): I vacant and Rc2rkin V _q_ F Proposed use.- vacant and parking Assessors Parcel Number: F. MJ* I Date received ♦ Receipt No. Case No. Related Case No. aw" Variance / Waiver Nonconforming use change Flood plain special exception Interpretation • Code line Adjustment H Lot Planned Building Group Street Vacation Other: Permit to allow for empl • the south side o the facility. Fill out the following information to the best of your knowledern- PCD �;Lvyrent Zonin.; acres 'Size of Lot (acres • square footage): I vacant and Rc2rkin V _q_ F Proposed use.- vacant and parking Assessors Parcel Number: F. MJ* I Date received ♦ Receipt No. Case No. Related Case No. aw" Minutes of Meeting October 22, 1998 CALL THE MEETING TO ORDER: The meeting was called to order by Chair MAURO at 7:3 p.m. on October 22, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, 3. APPROVE THE ORDER OF THE AGENDA (This is the time for anyone to speak on any subject not appearing on the agenda.) There was no one signed LIP to speak. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated staffs recommendation for denial of the application. Board Member ECHELMEYER noted a correction to the staff report. If the applicant were to reduce the size of his proposed structure to 19' x 28% it would involve a 44 square foot loss rather than a 19 square foot loss in size. The applicants were sworn in by Chair MAURO. Board Member ABBOTT asked the applicant to explain the hardship associated with this case, Mr. Boom replied that if placed on the south, the addition would be built over an existing well, the pitch of the roof would not match. and it would prevent light to the living room. If the addition were to be built in the back of the structure, it would be located over the leach field. If a long narrow addition were to be built. it would require a center \vall or support beams and the room would be long and narrow which would be impractical for the proposed PUI-POSe of providing an extra bedroom and laundry room. In response to a question from Board Member ABBOTT, Nir. Boom stated that an architect prepared the drawings of the proposed addition. Several alternative possibilities were discussed; however, the applicants did not believe any of the alternatives would be feasible. David Amdahl 4235 Vivian Street Mr. Amdahl was sworn in by Chair MAURO. He stated that he was in favor of the application and submitted the follo"ing exhibit into the record: Exhibit "A" Letter from Dana and Janice Thompson, 12290 West 42nd Avenue asking the Board to approve the application. Board Member HOVLAND SLIggested moving the addition further to south. Mr. Boom replied that this would clear the well house by only four feet, the entry way would not line up and it would result in a long narrow bedroom of 22' x 10'. Board Member ABBOTT expressed concern about the lack of architectural detail on the drawings. Upon a motion by Board Member ABBOTT and second by Board Member JUNKER the following resolution was stated: X- Viiereas, the applicant was denied permission by an administrative officer, and Whereas, the Board of Adjustment Application Case No. WA -98 -28 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 there were no protests registered against it; and Whereas, the relief applied for may be granted without detriment to the pudic welfare and without substantially impairing the intent and purpose of the regulations governing the City of \k`heat Ridge; and Whereas, the Board finds that, based upon all evidence presented, the evidence and facts in this case do support the granting of this request, Now, Therefore, Be It Resolved that Bedard of Adjustment Application Case No, WA -98- 28 be and hereby is APPROVE. Type of Variance: Five foot front yard setback variance to the thirty foot front yard setback requirement to construct a 2 -foot by 24 -foot addition. For the Following Reasons: I . Desi.tn alternatives are limited by site obstructions: a well on the south, a leach field oil the west and various mature trees. The existing roof lines create a significant desion problem which limits the possible location for any addition. ?. There are several front yard encroachments of similar dimensions within the neighborhood. . A letter was submitted frog neighbors speaking in support of the addition. 4. It can be expected that this addition will,result in an improvement to the ne:igltborhood and increase in property value. With the-Following Condition: L Design elements and materials of the exterior elevations shall be similar to the existing structure and be compatible in design; and the design, as built, will be created by a registered architect. Board of Adjustment Page 3 October 22, 1998 -'s to be Board Member HOWARD asked the reason for the condition requiring drawing completed by a registered architect. Board Member ABBOTT replied that. because a substantial variance was involved, he wanted to make sure that the addition would match the house and not detract from the neighbors' property values. The motion carried by a vote of 6-1, with Board Member HOVLAND voting no and Board Member THIESSEN absent. K Case No. WA-98-29: An application by Jim and Meda Goddard for approval of -a variance from the 1,000 square foot lot coverage requirement for detached garages for the purpose of adding a second structure of 1,440 square feet. Said property is located at 3885 Depew Street and zoned R- IA. This case - was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there wasjurisdiction for the Board to hear the case. He stated staft7s recommendation for denial of the application. Board \-lember ABBOTT asked for clarification regarding the staff report's reference to an access easement to the north. Mr. McCartney replied that, since the applicant wished to provide access to the building for his neighbor to the north, an access easement would be necessary if the property to the north were to be sold. Board IMeniber HOVLAND asked if there Would be room for a door oil the north side of tile bUikfin' lt*tllC applicant C0111plies with the thirty foot setback requirement, Mr. McCartney replied that it would be difl With a five-foot setback to the north, but tile building could be moved to the south to provide more room for additional driveway space on the north. Board of Ad4istment Page 4 Octobter 22. 1998 Mr. Goddard advised the Board that fie purchased the building (which was delivered from a company in Petinsvivania) based on information he received from an individual in the Wheat Ridge Bui Iding Department who informed hitu that he could construct a building Lip to 30% of the lot size but did not explain the 1,000 square foot requirement for detached garages. He stated that he circulated a petition along with a picture of the proposed building and drawings of its proposed location to all of his neighbors. All of the neighbors were in favor of his building as weil as the location. He also stated that if he had to comply with a thirty- foot setback. thereby placing the structure in the middle of his lot, he would not erect the structure. Mr. McCartney explained that if the applicant wanted to proceed with a six-foot setback fi-orn the east property line (rather than the thirty feet required by code), it would be necessary for him to make an application for another variance to allow for reporting and repUblishin-. Board Nlernber'ABBOTT asked for further explanation regarding hardship. Mr. Goddard -replied. that lie needed tile storage space for his vehicles as vvel I as some materials from his business.. He also stated that the lot is presently filled. with weeds.and he plans to install extensive landscaping He also stated that the neighbor to the east would not be able to view I the garage from his house. Chair MAURO asked for a point of clarification regarding tile applicant's request to erect the building six feet from the property line. Mr. McCartney replied that the Board could hear all testimony at this meeting and continue tile case to December 10. 1998 to allow time for reposting and republishing of the additional 24-foot setback variance request. In response to .1 question from Board Member ECHELMEIYER regarding fire code requirements. Nilr- McCartney replied that he believed the separation between the proposed metal Kidding and the brick L arage would meet fire code but that he would request a fire Study to be conducted before hearing the case oil December 10. Ken Oiler 40005 Depew Street Mr, filler was sworn in by Chair MAURO.< He stated that fie owned the property to the north of the applicant and was in favor of the applicatiort., Walt Pettit 3930 Eaton Mr. , Eaton was sworn in by Chair MAURO, He stated that lie was in favor of the application '_('bcCaLISC-.additional landscaping would enhatice the view from his residence which is covered %vith weeds. (Chair MAURO declared a brief recess at 9:05 p.m. to allow for repair of the tape recorder. Tile meeting was reconvened at 9.10 p.m.) Board of AdJUStIllelit Page 5 October 22, 1998 It was moved by Board Member HOVLAND and seconded by Board Member, WNLIKER to continue Case No. WA-98-29to December 10, 1998, based on the'fact,that the-setback variance was not included in the original request and, therefore, must be repo sted. The motion carried by a vote of 7-0, with Board Member T141ESSEN absent. C. Case No. 1VA-98-30 An,appli6ation by Curtis Krey for approval of a variance from the 5- foot side yard and 30foot fron't yard setback requirements for a storage shed. Said property is located at 7110 West 29th Avenue and zoned R-2. This case was presented by Sean McCartney. lie reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. lie stated staffs recommendation for approval of the application. Board Member HOVLAND expressed concern about the site triangle for the neighbor's driveway and asked if there had been any complaints regarding the obstruction of view. Mr. McCartney replied that the Citythid n6t any complaints. Board Member Al Bo commented that eNistino shrubbery also interfiered with the site triangle. Board Member HOVLAND asked if it-would be possible to allow a variance which could be terminated at the time of sale of the property, Mr. McCartney replied that it would be nearly iniposslible to'ent'6rce because the City would have no way o4nowing when the property was sold. Board Member ABBOTT suggested the possibility of a Temporary Use Perrn&but also expressed his concern about the site triangle. Board of Adjustment Patge 6 October 22, 1998 Curtis Krey 7110 West 29th Avenue I'vir. Krey was sworn in by Chair MAURO. He explained that he needed the shed to store his bicycle trailer., He stated that he has rheumatoid arthritis and rides his bicycle for exercise as prescribed by his doctor. Board Member ECHELMEYER asked Mr. Krey if he could use a bike rack attached to the bac of his vehicle. Mr. Krey replied that, due to Ws arthritis, it was nearly impossible for him to negotiate a bike rack. Board Member WALKER suggested the possibility of storing the bicycle trailer on the side of'tfi4�h()LlSe. Mr. Krey replied that, in addition to security concerns, there would be no room to drive tile car to.this location and attach the trailer. k. Krey replied that he Would agree to remove the shed when he is no longer able to ride his bicycle. Board ABBOTT again.suggested the possibility of issuing a TUP , xilich would be renewed'every year. Mr. McCartney replied that if the present request were to be denied, the applicant could make a new request for a TUP with variances. Board Member ABBOTT asked the applicant if he could make some sort of driveway to allow parking of the trailer on the side of the house.!, r. Krey replied that this would prevent him from getting to the back yard. N/Ir.-Krey also comillented that lie should have C, contacted the City regarding placement of the shed even though the shed contractor assured him that the location of the shed complied with all of the City of Wheat Ridge regulations. C� Board Member ECFIELMEYER expressed concern that tile shed is an eyesore to the C0111111 till ity and 1'elt the applicant should make some ad ' justillents such as using,a bicycle rack. Mr. Krey replied that, because ot'his arthritis as well as his wife's arthritis, a bike rack is unmanageable for him and tile trailer works extremely well for his put Board Member HOWARD suggested moving the shed to abut the front of tile house. Mr. k,' Krey felt that this would present an cycswe,w his house. A Upon a motion by Board Member ABBOTT and second by Board Member ECFIELMEYER, the following resolutiorimas stated:, Whcr6as, the applicant was denied permission an administrative officer,!. taxi Whereas, Board of Adjustment Application Case No, WA-98-30 is all appeal to this Board , , , .from ithe decision of all administrative officer; and Whereas, tile property has been posted the fifteen days required by law and there were no protests registered against it; and Board of A4justmeot Page 7 October 22, 1998 Whertits. the relief applied for may, not be granted without subs antiallyimpairing the intent and putl5ose of the regulations governing the City of Wheat Ridge, and,,i Now, therefore, be it resolve&tha Board of Adjustment Application Case No. WA-98-30 be, and hereby is, DENIED. Type of Variance- Variance from the five-foot side yard and 30-focit yard setback requirements for a storage shed. For the Following Reasons: There Would appear to be at least one alternative location which could be viable for continued use of the current bicycle trailer storage. The current shed structure encroaches upon the site triangle of both driveways thereby creating a safety issdee Tile shed was constructed'. Athouta permit. The motion carried by a vote of 7-0 with Board Member THIESSEN absent. Board Member ABBOTT moved and Board Member WALKER seconded that the shed can remain in place no longer than the time of the January Board of Adjustment meeting or when the temporary use permit is applied for, whichever occurs sooner. and that the City's application fee be waived if the applicant chooses to apply for a temporary use permit in time for the January meeting. The motion carried by vote of 7-0 with Board Member THIESSEN absent. 5. CLOSE THE PUBL1 HEARING Chair MAURO declared the public hearing closed. X 6. OLD BUSINESS A. Case No. WA-98-29 In response to requests for clarification concerning the continuation of Case No, WA-98-29, Mr. McCartney outlined the procedures for hearing the case on December 10. 1998. pa-C 8 Board of A(�Iustment IM October 22, 1998 D. Existinc- Storage Sheds - Board Member HOWARD asked if there was a plan to bring all storage sheds into compliance within the City of Wheat Ridge. Mr. McCartney replied that many existing sheds are legally nonconforming. 7. NEW BUSINESS J A. Approval of Minutes of Se temper 24 ' 1998 -. t, was moved by Board Member HOWARD and seconded by Board Member WALK to approve the minutes as, presented The motion Carried by a vote of 6-0 with Chair MAURO abstaining and Board '1 THIESSEN B. Studv Session • Fol,lowirt t .� brie r, Board Member HOVLAND moved and Board Member Wi\t-KER seconded that a study session with the City Attorney be scheduled for �December 2. 1998. The motion carried,by,a vote,ol'TO with Board Member THIESSEN absent. Mr. McCartney stated that herwould c6ntact-the City Attorney to see if this would fit into his schedule. Asa 8. ADJOURNiNIENT lt moved by Board Member ABBOTT and seconded by Board Member ECIIELMEYER to adjourn the meeting a 10:25 pm. The motion carried by a vote of 7-0 with Board IN-lernber T141ESSEN absent. LINDA I'VIAURO, Vice Chair Ann 1,azzeri, Secretary Board o _s *Board bfAdJUStInert Board of Aqjustment P, October 22. 1998