HomeMy WebLinkAbout01/23/2003CITY OF WHEAT RIDGE
�AOARD OF ADJUSTMENT
AGENDA
January 23, 2003
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on January 23, 2003, at 7:30 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29' Avenue, Wheat Ridge, Colorado.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
A. Case No. TUP-02-05: An application filed by Trugreen Landcare for approval of
a one-year Temporary Structure Permit to allow an office trailer on property
zoned Commercial-Two (C-2) and located at 8935 West 44 Avenue.
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TO: Board of Adjustment
CASE NO. & NAME: TUP-02-05/Tniegreen
CASE MANAGER: Michael Pesicka
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PRESENT ZONING: Commercial-Two
PRESENT LAND USE: Lawncare company
SURROUNDING ZONING: N: R-3; S : C-1 & A-1; K: R-3 & W: C-1
SURROUNDING LAND USE: N & E: medium to high density residential; S & W: commercial
DATE PUBLISHED: January 9, 2003
DATE POSTED: January 9, 2003
DATE LEGAL NOTICES SENT: Janu ' 9, 2003
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 property in question is located at 8935 W. 44 Avenue, and is currently a lawn care company. The
property is zoned Commercial-Two (Exhibit 1, Zoning Map).
The applicant (owner), Truegreen Lawncare (Exhibit 2, Power of Attorney), is requesting approval of a
one-year temporary structure permit to allow for an office trailer (Exhibit 3, Application).
11• SITE PLAN
111. VARIANCE CRITERIA
Staff has the following comments regarding the criteria use to evaluate a Temporary Use request, The
proposed temporary use:
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; and
The potential temporary office trailer will not be detrimental to the public welfare or
injurious to other properties. The adequate supply of light and air will not • decreased;
the temporary trailer will not increase congestion in public streets or the parking lot.
There will still
• adequate parking for customers, and none of the drive aisles will be
restricted. The trailer would not increase the danger of fire.
2. Will not adversely affect the adequate supply of light and air, nor cause significant
air, water or noise pollution, or cause drainage problems for the general area; and
The adequate supply of light and air will not be compromised, The temporary trailer
should not produce any pollution of air, water or noise in the area, There should be n
drainage problems associated with this request. The site is adjacent to Clear Creek, b,
the proposed location for the temporary structure is not located within the floodplain.]
Will not result in undue traffic congestion or traffic hazards, o r
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or off site; and
I. The temporary trailer is removed by October 24, 2003,
EXHIBIT I
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DEPARTMENT OF MAP ADOPTED. June 15, 1994
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Attn: Mike
City of Wheat Ridge
7500 W. 29 Ave.
Wheat Ridge, Co 80033
- Ise, avITITY ana sign
for the property at 935 W. 44 Ave, Wheat Ridge, Co 80033
The reason for the office trailer is that the area we occupy and lease from Kunz has no
office space at all. We need a place for our management to office, use phones and access
a computer. We will need this space for a minimum of 2 years until the lease comes due
• Pumvs Inc. in the building to the west. at I .............. . I .
OEM=
Robyn Leach
Business Administrator
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CITY OF
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DATE OF MEETING: January 23, 2403
CASE NO. & NAME: WA- /02 -18 /Coffey
CASE MANAGER: Michael Pcsicka
PRESENT ZONING: Residential -One C (R -1C)
PRESENT LAND USE: Single Family Residence
SURROUNDING ZONING: N, S, & W, R -1C; E, R -1B
SURROUNDING LAND USE: N, S, & W Single Family; E, Single Family
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
( ) SUBDIVISION REGULATIONS
(X) EXHIBITS
(X) OTHER
Board of Adjustment 1
WA -02 -18 /Coffey
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have
been met, therefore, there is j urisdiction to hear this case
MENIMMM
The property in question is located at 5575 W. 35"' Avenue, and is currently a single-family residence.
The property is zoned Residential-One C (R-IC) and is approximately 9,375 square feet in area
(Exhibit 1, Zoning Map).
The applicant, Amy Coffey (Exhibit 2, Power of Attorney), is requesting a 5-foot side yard setback
variance from the I 0-foot side yard setback requirement (Request A), and a 7.5-foot rear y set ac
variance from the 1 0-foot rear yard setback requirement (Request B). The purpose of the request is to
allow for an addition to a single-family residence. (Exhibit 3, Application, Exhibit 4, Applicant's
Letter).
111. VARIANCE CRITERIA (Request A). Request number one is for a 5-foot side yard
setback variance from the I 0-foot requirement for a two-story structure, resulting in a 5 -foot
side yard setback.
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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?
If the request is denied, the property may still receive a reasonable return in use. The
0UO %ft-may continue-itg adl ss
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of the outcome of this variance.
2. If the variance were granted, would it alter the essential character of the locality?
MEMBER=
WA-02-18/Coffey
The applicant, who has sole interest in the property, has created a self-imposed hardship by
proposing a structure that does not meet setback requirements for the district. There is an
opportunity • build the addition elsewhere • the lot without the need for a variance.
The request could be detrimental to the public welfare or injurious to other properties in the
area. The adequate supply of light and air would not be compromised as a result of these
requests. The request would not increase congestion in the streets, nor increase the danger
♦ fire. The request would most likely not have an effect on property values in the
neighborhood.
6. If criteria 1 through 5 are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished from
an individual benefit on the part of the applicant, or would granting of the variance
result in a reasonable accommodation of a person with disabilities?
Board of Adjustment 3
WA-02-18/Coffey
If the request is denied, the property may still receive a reasonable return in use. The
property is currently utilized as residential property, and this use may continue, regardless
of the outcome of this variance.
1= 1 M WIFE I T1 F MW
CUMMEA
If the addition is built, the essential character of the locality could • altered. Residences to
the east and west are substantially smaller than the one being proposed, The proposed
addition will sit only 2.5 feet from the property to the north. The addition could be placed
elsewhere without the need for a variance.
-1 -C zone district. There is room on the property to build the addition without requiring a
rear yard setback. There are no unique topographical conditions that exist on the property
that render any portion of the lot unbuildable.
Board of Adjustment
Melly K. Barden, hereinafter referred to as PRINCIPAL, in the County of Jefferson, State of
Colorado, does appoint Array M. Coffey her true and lawful attorney. In principal's name, and for
principal's use and benefit, said attorney Is authorized hereby
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Amy Coffey
For Molly Barden
5575 West 35"' Avenue
Wheat Ridege
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EXHIBIT 7
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EXHIBIT 7
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
December 4, 2002
It was moved by Board Member HOVLAND and seconded by Board Member
DRDA to continue Case No. TUP-02-05 to the January 23, 2003 meeting because the
applicant failed to meet the deadline for posting. If requirements are not met at the
January 23' meeting, the case will be dismissed. The motion passed 8-0.
B. Case No. WA-02-12: An application filed by Christopher Murray for approval of
a 3-foot 9-inch fence height variance to the 6-foot maximum height allowed
resulting in a 9 foot 9- mch high fence • property zoned Residential One B (R
1B) and located at 3739 Chase Street.
The case was presented by Mike Pesicka. He reviewed the staff report and entered all
pertinent documents into the record. A digital presentation was given. Staff
recommended approval of the application for reasons outlined in the staff report.
Board member ECRELMEYER noted that this request would be in keeping with the rest
of the neighbors who have used different means such as garages and tall fences to screen
their property from the apartment complex.
Upon a motion by Board Member ABBOTT and second by Board Member BLAIR,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-02-12 is an appeal to this
Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law; and in
recognition that there were no protests registered against it;
Whereas, t t t t granted w bout t t e I
welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-
02-12 be, and hereby is, APPROVED.
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Board of Adjustment Page 2
12/04/02
• 11 '� I m1p, 111 1111111: 1 #
expressed concern that if the pole sign is shortened, it could cause sight distance
problems.
Chair MONTOYA asked if there were any individuals present who wished to address
these applications. There was no response.
b`oa commenteZr=a tie requesTet vanances wI -TFTA7r7
improvement to the present situation. Travis Crane agreed.
Upon a motion by Board Member ABBOTT and second by Board Member
HOWARD the following resolution was stated:
man=
Board of Adjustment Page 4
12/04/02
Whereas, Board of Adjustment Application Case No. WA-02-14(A) is an appeal to
this Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law; and in
recognition that there were no protests registered against it;
Whereas, the relief applied for MAY be granted without detriment to the public
welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge.
Type of Variance: Request for approval of a 6-foot setback variance from the
reauired 10-foot setback for a freestandint siQm resultint! in a 4-foot setback on
WIRTM71177-70TV M'VW"M1- j 1ITIPperty
Wadsworth Boulevard.
Board of Adjustment Page 5
12/04/02
would lessen • overall # variance.
commented MONTOYA that the request ! be considered on basis
only without any conditions t the design of
returned Mr, fiauser to pnmwr I •i
height the setback and maintain the * logo.
request A be considered on the basis of the setback issue alone and any conditions about
the reader board be considered under Request C.
1 1 i I 4 i 1
Board of i Application o. WA-02-14(B) is an appeal to
this Board fr! of 1 and
Board of Adjustment Page 6
12/04/02
3. Several mature trees and existing signage on adjacent properties could
possibly prevent visibility of the sign, were it to comply with the 5-foot
setback provision and in recognition of the fact there is a reduction in height
from the present sign.
I
The motion passed 8-0.
Board of Adjustment Page 7
12/04/02
4. If the current sign were lowered, it is likely that the reader board would
interfere with visibility at the driveway between Burger King and Boston
Board of Adjustment Page 8
12/04/02
• i ♦•
Renewal
Board Member • commented
for adjacent i • that these businesses have been in
years. existence for many
Board Member ABBOTT inquired about the timing of landscaping installation. Ms.
Reckert stated that it should be done by sharing.
Chair MONTOYA asked to hear from individuals who wished to address this matter.
Board of Adjustment Page
12/04/02
Whereas, the applicant was denied permission by an ad I ministrative officer; and
02-15 be, and hereby is, APPROVED.
Type of Variance: A request for approval of a partial waiver (variance) of Section
26-502 (landscape requirements) on property zoned Commercial-One (C-1) and
located at 4400 Ward Road.
Boar d - of Adjustment Page 10
12/04/02
standards.
3. There are unique circumstances due to existing landscaping located in the
right -of -way.
4. There may be benefits to the neighborhood if the existing landscaping is
enhanced.
(Board Member YOLNG returned to the dais at this time.)
Board of Adjustment Page 11
12/04/02
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-02-16 is an appeal to this
Board from the decision of an administrative officer; and
py-offf-Jy7� . -11MMIMVI =- � .
recognition that there were no protests registered against it; and
For the following reasons:
With the following condition:
L Addition shall be constructed of materials which match existing residen
and remain in character with surrounding properties. I
UZIMMEMMEEM
Board of Adjustment Page 12
12/04/02
6. OLD BUSINESS
There was no old business to come before the Boarl
7. NEW BUSINESS
Board Member HOWARD expressed concern about the ordinance passed on first
reading by the City Council regarding the Board of Adjustment granting variances for
storage of classic automobiles.
Election of Officers — Paul Drda was elected as Chair; and Paul Hovland was elected
as Vice Chair.
Minutes of October 24, 2002 — It was moved by Board Member HOWARD and
seconded by B rd Member HOVLAND to approve the minutes of October 24,
2002 as presented. The motion passed 8-0.
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MINIM I 1 811311011111 lot
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