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Home My WebLink About02/27/2003Kell AGENDA February 27, 2003 Jotice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on February 27, 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. WA-03-01: An application filed by Royal Investments for approval of a 23 foot front yard setback variance from the 50 foot front yard setback requirement resulting in a 27 foot front yard setback and for approval of a partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial-One (C-1) and located at 4896 Marshall Street. B. Case No. WA-03-02: An application filed by Valerie & Mike Kashefska for approval of a 5 foot side yard setback variance from the 5 foot side yard setback requirement resulting in a 0 foot side yard setback for property zoned Residential- One A (R- I A) and located at 3 723 Simms Street. C. Case No. WA-03-03: An application filed by James Sloan for approval of a 126 square foot variance from the 9000 square foot minimum lot area requirement to allow a two-family dwelling on vacant land zoned Residential-Three (R-3) and located immediately west of 3995 Sheridan Boulevard. M�� CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: February 27, 2003 DATE PREPARED: Febru 14, 2003 CASTE NO. & NAME: WA-03-01/Royal Enterprises CASE MANAGER: Travis Crane ENTER INTO THE RECORD: ` (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE () SUBDIVISION REGULATIONS (X) EXHIBITS (X) 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. I. REQUEST The property in question is located at 4896 Marshall Street, and is currently an office/warehouse facilit, The property is zoned Commercial-One (Exhibit 1, Zoning Map). The applicant and owner, Royal Investment Enterprises, is requesting two separate variances with this application (Exhibit 2, Deed). Request "A" is a request for approval of a 23-foot front yard setback variance resulting in a 27-foot front yard setback. Request "B" is arequest for reduced quantities of street trees (Exhibit 3, Letter • Request). 11. SITE PLAN Since the property will be devoid of any landscaping as a result of the building expansion, the applicant would be required to install 39% of the maximum amount required in the C- I zone iiistrict, The maximum required in the C-1 zone district is 20%. The lot is 23,800 square feet in size. Twenty percent of 23,800 square feet is 4,760 square feet. The applicant would be required to install 39% of 4,760 square feet of landscaped area, or 1,856.4 square feet. The applicant is proposing to install 2,980 square feet of landscaping. Therefore, a variance not needed for required square footage of landscaped area. i Board of Adjustment 2 WA-03-01/Royal Investment There are i existing street trees on the Marsha Street frontage; located in the • • and are not •! • ! required street tree quantities. applicant proposing • plant i street trees on •!. III. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: ! the property in question t a reasonable ! in use, service or ! ! permitted to be used only under the conditions allowed by regulation for the district in which it is located? Request A a nd M denied, reasonable property return in use. The °• as an office warehouse, continue, ! of variance 2. If the granted, i ! it alter the essential character of ! ' locality? thereby Request B: The applicant has not created a self-imposed hardship. The lot has frontage on three streets, + the required street tree counts. Board of Adjustment 3 WA-03-01/Royal Investment to other properties in the area. The adequate supply of light and air would not be compromised as a result of these requests, The requests would not increase congestion in the streets, nor increase the danger of fire. The requests would most likely not have an effect on property values in the neighborhood. f. If criteria I 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? MIS ;i�ii NMI ill i III IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Each variance will require a separate motion. RNyest A Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interest in the property has not created the hardship: RNMest B Upon review of the above request, staff concludes that the above criteria are supportive of the -;—Ii- would warrant approval • a variance. Therefore, staff recommends APPROVAL for the following reasons: Board of Adjustment i l cr w 0 r= RECEPTION NO, F0661010 6.00 REC ORDED ■ i r PS: 0001 -0341 COLORADO 7/e9/19'79 13 a 41 t 43 QlUff CLUM D EED THIS DEED, made this 04 day of July 1998 between Thomas D. Lauh Jacquelyn K . Laubon d M. Algard grantms, and Royal Investment Enterprises, LLC,, a Colorado limited liabil company, grantee. ,! ,Ja�jueEynaE{t E.auhoaa 11rie'zry band and official seal. sdbn expires x z s No Putalie t x 14 c* • lubowicki PROJECT DESCRIPTION 4896 Marshall Street, Wheat Ridge, CO 1701 Wynkoop Street SVIte 235 Denver, Colorodo 80202 t: 720.904.9808 f: 720.904.9807 e: steve0lubowickicom VARIANCES BOARD OF ADJUSTMENT, WBEAT RIDGE, Co We believe that placing the addition 50 feet back would disrupt the existing street front i would create an inferior •• of * and air to the proposed <ii other lot improvements (parking and landscaping) this project wo i certainly improve the immediate neighborhood in appearance and value. We cannot foresee how this setback variance would endanger public safety. Request Request for Variance concerning Tree Requirements biased on Street Frontage Four Seasons Heating, Inc 4896 Marshall Street, eat Ridge, CO rn q � z kF nl . 0 \\ , el e "� � > "o s 0- +4,++ � Z >' ""� N�+` ,r�sy i[.��', F + 4 } k # F Fk « C� 1'1'7 V �1 I l 4 M > 0) q Q k F F + + \ \\ 14\ 'k +F ++++++ ++ ++ 1. ` k k k k 4 t* #} t t } F k � # k} F k t F F F F �+ CC) {*� ,7 k k 4 F # k k 4 k t { V S1'1 l F F+ k+ ' X + + F # + kt *k� +ktF +#+ �� ! ( � `" t�fl F k F k # # F 4 F + " k k 4 F f + k + 4 + F F k k V M + µ. M V z OD # t+ k hW v+ 'T` + F k F # F fr 14i' G M F F F+ + F k Y + C/) . .: w Q cp M 0 'o >a 0 c ;1 C Q �m m 0 z o rn M > z, `+ C7 m k } M n «.k. o '^ ++ 6 k 4 F + ++ k +� 4 F F F F F f k+# FRONTAGE = 62.85' .� w„r Lamar Street HAW I v WOW" a Iffen " LVA k 1030 1 91 TO: Board of Adjustment DATE OF MEETING: February 27, 2003 DATE PREPARED: February 20, 2003 LOCATION OF REQUEST: 3723 Simms Street Wheat Ridge, CO 80033 NAME & ADDRESS OF APPLICANT (S): Valerie & Mike Kashefska 3723 Simms Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER (S): same APPDXIMATE AREA: 10,200 square feet (.23 Acres) PRESENT ZONING: Residential-One A (R- 1 A) PRESENT LAND USE: Single-family residence 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. Board of Adjustment WA-03-02 /Kashefska I. REQUEST The property in question is located at 3723 Simms Street, and is currently a single-family residence. The property is zoned Residential-One A (R- 1A), ORM'b"'tp�' AW" ' o "� , ", -, side yard setback variance O�i.. o pp t construct a 120 square foot shed. The alicant came in to apply for a building permit, and i� that staff realized the shed did not meet the setback requirement. H. SITE PLAN There is a 5-foot utility casement that runs along the west and north property lines • the lot in question. The applicant has submitted letters from Xcel Energy and Qwest Communicationsaw"400 stating that they have not issues with the shed being placed in the utility easement. M. VARIANCE CRITERIA I I 1 12 M I 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 property is currently utilized as a single-family residence, and this use may continue. 2. If the variance were granted, would it alter the essential character of the locality? The size of the proposed shed is 120 square feet, and the current shed is located in the same area where the applicant is proposing to locate the new shed. Impact to the character of the locality will be minimal since the impact to the neighborhood was already in place from the previous shed. The existing metal shed could remain in place in perpetuity, even though it does not meet the setback requirement. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Board of Adjustment 2 WA-03-02/Kashefska Board of Adjustment 3 A- 03- 02IKashefska • I .1 fvr - .1. it 6E 29 92 DEPARTMENTOF MAP AMPTED: June 15, 1994 PL&NNING AND DEVELOPMENT Last Revision: 2!Ltember 10, 2001 EXHIBIT 2 0 To be filled out by staff: ,,I t lwlvlloblm� 3 F I Lu uj us i I 85* WEST 3 7TH AVENUE Valerie Kash r 1 3 723 Simms Street '/ t+ r CO 80033 / / r. Sincerely, January 29, 2003 If you should have any questions please feel free to contact me at the number below. Sincerely, Craig Coon Manager, Design Layout North Metro Area Xcel Energy jv v EXHIBIT' 7 ro 85* WEST 37TH AVENUE CITY OF WHEAT RIDGE PLANNING .DIVISION STAFF REPORT TO: Board of Adjustment CASE r.- o. CASE MANAGER: Michael t„ PRESENT ZONING: Residential-Three (R -3) SURROUNDING ZONING: N, Town of Mountain View; , E, & W, R -3 PRESENT LAND USE: Two -car garage SURROUNDING LA USE: N , single - family & multi - family; S, multi- faily;_E, multi- family & W. single- family DATE PUBLISHED: February 13, 2003 DATE POSTED: February l3, 2003 NOTICES DATE LEGAL • i! ENTER INTO THE RECORD: CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (X) EXMITS (X) 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. 1. REQEUST I The property in question is located at W. 4 Y" Avenue, and is currently home to a two-car garage. The property is zoned Residential-Three (R-3), The applicant has submitted a survey/site plan showing the proposed location for the duplexomm Sia�. The property in question is approximately 8,874 square feet in area, which falls short of the 9,000 square foot lot size requirement for a duplex in the R-3 zone district. The property has 87 feet of frontage • W. 41 Avenue, which exceeds the minimum requirement • 75 feet for a two-family dwelling in the R-3 zone district. A two-car detached garage already exi • InF&Fruleast comerit rie pTFyFr7y - - I WPM7 from the front property line. The garage can remain, and may be used for off-street parking r the proposed duplex. 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? If the request is denied, the property may still receive a reasonable return in use. A single-family home can be built on the property without the need for any variances. 2. If the variance were granted, would it alter the essential character of the locality? The surrounding zoning is all R-3 except for Mountain View to the north, and that is unknown. Residences to the east (also owned • Mr. Maher), and south are multi-family, and to the north is a single-family residence as well as a multi-family dwelling. To the west is a single-family residence. The applicant is proposing a duplex, which would not create any more impact to the February 4, 2003 The City of Wheat Ridge Board of Adjustment jaz vv-,,t4&v L. Sloan 27 2-0 0-3 A As A 420 ! 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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting January 23, 2003 ORDER 1. CALL THE MEETING TO The meeting was called to order by Vice Chair HOVLAND at 730 p.m. in the Council Chambers of the Municipal Building, 75 West 29th Avenue, Wheat Ridge, Board of Adjustment Page 1 01123/03 Mr. Pesicka advised the Board that all posting and noticing requirements had been met and there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report. Staff found that there were unique circumstances attributed to the request and therefore recommended approval of the request for reasons outlined in the staff report. In answer to a question from Board Member ECHELMEYER, Mr. Pesicka stated that the TUP could only be granted for one year and the applicant could not re-apply at the end of that year. In response to a question from Board Member MONTOYA, Ms. Leach indicated the applicant was agreeable to the termination date for the TUP of October 24, 2003. rr�fffr f NX ro address this matter. There was no response. Now, therefore, be it resolved that Board of Adjustment Application Case No. TU 02-05 be, and hereby is, APPROVED. I Board of Adjustment Page 2 01/23/03 Type of Temporary Use Permit: One -year Temporary Structure Permit to allow an office trailer on property zoned Commercial -Two (C -2) for property located at 8935 West 44` Avenue. For the following reasons: 1. Based on t the temporary would not alter the essential character of # # # 2. Approval of t i not impair adequate ## of light a # adjacent air to properties. 3. Approval of temporary would # congestion # hazards. Amy Coffey 5575 West 35 Avenue Ms. Coffey, architect and general contractor for the applicant, was sworn in by Vice Beard ofMu- stment Page 3 01/23/03 Chair HOVLAND. She presented two photographs to the Board depicting summer and winter views of the property. She stated the addition was designed to integrate the roof lines and make the house look like one unit and this cannot be done attractively without the variance. Without the variance, the addition would have a flat roof and actually look larger than the proposed design with the variance. Board Member ECHELEMEYER questioned the need for an outside staircase, Ms. Coffey explained that, while the stairway wasn't absolutely necessary, the applicant would like to have the staircase for access to her home office. 'T f — c — e - U Ta T r ff , OT V ea I ere were any in IT ent TM address this application. There was no response. FI-oard Member MONTOYA stated that he believed a unique hardship exists for the ?pplicant in that she is trying to match the pitch of an existing roof line. In addition, he indicated he would also support the application because the addition would have no zdverse effect on light or air to adjacent properties, it would save a large tree and the ilesign is attractive. believed it would enhance the appearance of the neighborhood it built according to plans presented during the meeting. Board of Adjustment Page 4 01/23/03 Whereas, Board of Adjustment Application Case No. WA-02-18(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; FAIIIIII'M i f 11, Y'111 - - i i f welfare and without substantially impairing the intent and purpose ofthe regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WAS *'2 , -18(A) be, and hereby is, APPROVED. Type of Variance: Five-foot side yard setback variance from the ten-f ot side yard setback requirement for a two-story structure resulting in a five-foot side yard setback. For the following reasons: The motion passed 5-1 with Board Member HOWARD voting no, and Board Members DR DA and YOUNG absent. IIIIM) W BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and MA 1 i, f f i i f t 1 1 71! ii TWIM 11,70 =115r7n, fowli lot I I 71"w-AwIttivilL.111 Whereas, the property has been posted the fifteen days required by law; and in recognition that there were no protests registered against it; pill III r 11111111111 IpIII Ir" IIIIIIIIII IpIIIIIIIIIIIII iiiiiiiiiiiiiijIlli�" IIIIIIIII 1:11 III Board of Adjustment Page 5 01/23/03 welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. 61 91 d Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 02-18(B) be, and hereby is, APPROVED. Type of Variance: Seven and one-half foot rear yard setback variance from the ten foot rear yard setback requirement resulting in a two and one-half foot rear yard qetback for property zoned Residential-One C and located at 5575 West 35 th Avenue. For the following reasons: 1. No opposition was received from the public in person or by letter. 2. An existing mature tree will be maintained. 3. There will be no impairment to light and air to adjacent structures. 4. There is a hardship in that the pitch of the roof makes it infeasible to built? the structure to match without a setback variance. With the following condition: 1. The addition is to be built according to the design presented during the meeting. Board Member ABBOTT questioned the need for an additional 7 1/2 foot at the rear the garage. Ms. Coffee explained that, although it would provide a little storage spac the reason for the additional space is to allow the roof line to be integrated with the existing structure. I ne Members DRDA and YOUNG absent. R Me 10 I Ell 10 1 COM WM 4111 OLD BUSINESS Bond I of Adjustment Page 01/23/03 It was moved by Board Member HOWARD and seconded by Board Member BLAIR to approve December 4 2002 motio t. ! Jill e e ►� r PAUL HOVLAND Board of Adjustment Page 7 011/23/93