HomeMy WebLinkAbout04/24/2003April 24, 2003
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on April 24, 2003, at 7:30 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29' Avenue, Wheat Ridge, Colorado.
13Ni ! # M.,
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
A. Case No. WA-03-08: An application filed by Harold & Wilma Larnm for
approval of a 3 foot side yard setback variance from the 5 foot side yard setback
requirement resulting in a 2 foot side yard setback for property zoned Residential-
One C (R- I C) and located at 3 710 Marshall Street.
HIM 1
" W13M 101 0 Ll M 11KI6 .
DATE OF MEETING: April 24, 2043
CASE NO. & NAME: A -03 -08 Lamm CASE MANAGER: Michael Pesicka
ACTION REQUESTED: Request for approval of a 3 foot side yard setback variance from the 5 foot side yard
setback requirement resulting in a 2 foot side yard setback for property zoned
Residential-One C.
LOCATION OF REQUEST: 3710 Marshall Street
NAME ,& ADDRE OF APPLICANT (S): Harold Lamm
3710 Marshall Street
SURR OUNDING • Residential-One R esi de ntial
a
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 3710 Marshall Street, and is currently used as a single- family residence. The
property is zoned Residential -(one C (R -1 C) {l� �btt I` Zoniz? �i4 .
The applicant (owner), Harold Lamm, is requesting approval of a 3 foot side yard setback to the 5 foot side yard
setback requirement in the R -1 C zone district, resulting in a 2 foot side yard setback for the purpose of
constructing a detached garage. (Ex iibif i qqr,
Board of Adjustment X
WA-03-08/La
II. SITE PLAN
The applicant has submitted a site plan showing the required setback • 5 feet, and the proposed setback of 2 feet.
(E Site-Plari'Exhibit , iSOW
tn �C Exhibit 4 shows an existing 5 foot utility easement that runs parallel to
the southern property line. The proposed detached garage would encroach onto this easement by 3 feet. If the
variance were approved, the applicant would need to submit letters of approval from Xcel Energy and Qwest
Communications at the time of building permit.
An existing shed has been relocated to a temporary location on the property and will • tom down when the
garage is completed, Pursuant to Section 26-208(B) Development Standards, a single-family residence in the R-
I C zone district is allowed 400 square feet for a storage shed.
The proposed garage is 24' by 24'. There is no other covered parking space on the property. It would appear th
an altered single car garage was converted to living space prior to purchase by the owner.
The lot in questions is rectangular in shape and relatively flat. At approximately 8,400 square feet the property
exceeds the minimum requirement for a single-family home in the R- I C zone district. The property has 60 feet of
lot frontage, which exceeds the minimum lot frontage requirement for a single-family home in the R- I C zone
district. If the detached garage is built, the property will not exceed the 40% maximum, allowable buil ing
coverage in the R- I C zone district.
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?
Ceti -'a receive a reasonable return in use, e ro e is
AMN cd 1 11 VAL I H I Y,-& W RM M H 13 1i M I I I I �A Visitil V-) I mgm I I !A4 a 14 1 Ili 1 0 1 1 # 0, 1
2. If the variance were granted, would it alter the essential character of the locality?
I nave Wetaulico gara?,Fb M VTU MY
feet from the property to the south.
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?
4. Has the alleged difficulty or hardship been created by any person presently having an interest
in the property?
The applicant, who has sole interest in the property, has created a self-imposed hardship by
proposing to build a structure that does not meet setbacks. The applicant has stated that two mature
trees would need to be removed if the garage is located farther to the north. Currently, there is no
garage space on the property.
The request would not be detrimental to the public welfare • injurious to other properties in the
area. The adequate supply of light and air could be compromised as a result of the request because
the garage will be placed only 2 feet from the property to the south. The request would not increase
congestion in the streets, nor increase the danger of fire. The request would not have a negative
effect on property values in the neighborhood.
6. 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?
'T
of a person with disabilities.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Upon review • the above request, staff concludes that the above criteria are not supportive of the
variance request. Staff has found that there are not unique circumstances attributed to the request that
would warrant aMroval of a variance, Therefore, staff recommends DENIAL for the fbll
Board of Adjustment 3
WA-03-08/Lamm
PARCEULOT BOUNDARY
(DESIGNATES OWNERSHIP)
WATER FEATURE
NW 25
I
I
m
DEFAFTMENT OF
rLANNINC, AND DEVELOPMENT MAP ADOPTED: June 15, 1994
I la�Qf .n ^
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 291h Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all infonnation)
App5can Y�'
Add re
PhorkA
city
State,
zipzi�
Fax
Phone���-�,!c'
e
State C
Zip,99!e_r.;r_
Fax
Contac el- lop
Address --5�
Phon����
citYJ2�
State Crp,
Zip
Fax
1=
7 -4:, h or -- r —,*
Cifv Af W%r-'t- Q
mmity PInrmp-nt T)Pr
1 have no objection to thi- g"!lti -g Af f is tA !-ed th reqL)
WA -b
Donal Rtgiti
-n
3700 XfardiaH St,
Wheat Ridge, Co-
•
1A
Y 4
m
0
x 71 n t, ;.i- W 10
L^vw% %,# 4, � IA% t
9
EW-IWE
C14
►
00 n
•
• C
L 0
•
•
•
C 2 4
od
•
ut
t , -
C
4)
C
04
.+0 0
CL
LO
rl-
0
•
•
00
ri
E
•
wo
M
0.00
cv-
r-� -C
a
"
0
ON
w
9
EW-IWE
C14
►
00 n
•
• C
L 0
•
•
•
C 2 4
od
•
ut
t , -
C
4)
C
04
.+0 0
CL
LO
rl-
- .GIDOS Cl
.G
ri
r o -
a
"
0
-E
MM
U S
c; c5. T
- .GIDOS Cl
0
0.0
Z
oi V
N z
1 —
a
co
•
•
0
0.0
Z
oi V
N z
1 —
a
co
City of Wheat Ridge �NH 4
Community Development Department
Memorandum �� ��
TO: Board • Adjustment
FROM: 4-' Meredith Reckert
Em
Attached is staff's recommended language in ordinance form for the new Board of Adj ustment scope
of responsibility.
I - - #
Per the attached ordinance, staff is recommending that the approval period be for one year and that it
iaot be renewable. This is similar to how we handle temporary building and use permits.
As with any zoning code amendment, the proposed language will be processed through public
hearings in front of both Planning Commission and City Council
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2003
TITLE: AN ORDINANCE AMENDING ! t
RI DGE OF THE WHEAT ! 1
tem porary WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to procedures
for variances, waivers, permits and interpretatio
WHE REAS , i approved by City Council on ! ♦ e !
Or dinance !' c temporary nonoperative p ermits
grante by • ♦ of i and
WHE REAS , • Code of Laws does not ! ! ;
temporary permits, I
B E IT OR
B Y THE CITY COUNCIL OF THE CITY OF WHEAT
R IDGE, COL
Secti S ect i on # V ariances/Wa i vers/Temporary
Secti the Zonin2 and DeveloDment Code is herebv modified with addition of the followiTt 6i��
!# germ f or bu • and nonogerat t
5. Temporary Nonoperative Vehicle Permits.
a. The board of adjustment is empowered to hold public hearings to decide upon
requests for temporary pertnits for nonoperative vehicles.
b. "Nonoperative" as applied to this ordinance shall be defined consistent
with the definition provided in Section 15-4 of the Nuisance Code.
c. The board may approve a temporary permit f or # longer than o year per
application, provided that no other temporary nonoperative vehicle permits
have been issued within the past year. No renewals of one-year permits or
new permits for the same property will be allowed.
f. In addition to the application requirements listed in Section 26-115.B., the
applicant shall provide the following additional information-
1. VIN number for each vehicle being restored.
2. Anticipated time for restoration.
3. Site plan showing location • vehicle storage, type of parking
surface, method of screening.
9- The approval of any temporary nonoperative vehicle permit shall not be
transferable or assignable to any other landowner, tenant, lessee •
occupant.
h. The approval of a temporary nonoperative vehicle permit shall not be
construed that restoration • such vehicle is an allowed home occupation
pursuant to Section 26-613 • the zoning and development code.
ill GIC
Section 3. Severa• ilily. If any clause, sentence, paragraph, or part of this Zoning
code or the application thereof to any person or circumstances shall for any reason be adjusted by
a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Supersession Clause. If any provision, requirements or standard
established by this ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws ♦ the City of Wheat Ridge, which are in
existence as of the date of adoption of this ordinance, the provisions, requirements and standards
here shall supersede and prevail.
INTRODUCED, READ, AND ADOPTED on first reading • a vote of to
in this day of , 2003, ordered published in full in a newspap
of general circulation in the City of Wheat Ridge and Public Hearing and consideration on fina
passage set for 2003, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to this day of 2003.
SIGNED • the Mayor on this day of 2003.
- -----------
GERAL DAHL, CITY ATTORNEY
I ST publication:
2 nd publication:
Wheat Ridge Transcript
Effective Date:
n • # � • s t • " t _ • • s
Board of adjustment Page 1
03/27/03
fn response to a quesuoMMrr6=4— M37113"A
1 1,
original shed was erected before Wheat Ridge ordinances were in effect and could
therefore have remained in perpetuity. However, since the applicant is replacing the
shed, setback requirements must be met for the new structure.
Mike Kashefska
3723 Simms Street
Mr. Kashefska, a nei- bor of the ar4c licant,
favor of the application.
Board Member ECHELMEYER stated that there are nine other homes in Mr. Kolesar's
neighborhood that have sheds built very close to the property line.
were granted.
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
R=15[mu Iniximid kill] tzowl 1 F151,111 111010107
Whereas, the property has been posted the fifteen days required by law; and in
recognition that there were no protests registered against
Board of Adjustrnent Page 2
03/27/03
W111101i, I M111111
The motion carried 8-0,
g�qlps�� quipppp pip
Board of Adjustment Page 3
03/27/03
B. Case No. WA-03-06: An application filed by Chris Whiteman for approval of a
variance to the fence height standard in the minimum front yard setback for
property zoned Agnicultural-One and located at 4745 Parfet Street.
record and advised the Board there was jurisdiction to hear the case. He reviewed the
staff report and digital presentation, Staff recommended denial of the application for
reasons outlined in the staff report.
In answer to a question from Board Member HOWARD, Mr. Whiteman stated that he
boards and raises horses in addition to growing hay on the property. The six-foot fence
has prevented theft • hay stored on the property.
Chair D asked if there were others present who wished to address this matter. There
was no response.
B o a r c I ITI e in NFFE- Uf I E OME T
applicant will make appropriate improvements. The fence would be beneficial to the
agricultural use of the property.
Board Member ABBOTT commented that he would prefer the applicant come back with
a plan to install a new 6-foot fence rather than allowing a temporary construction fence
which is not in good condition to remain. The fence could remain as long as zoning did
not change. He stated that he would not object to existing materials being used to
construct the new fence.
Board Member ABBOTT asked if there were any problems with sight triangles in
relation to the fence • the gates. Mr. Pesicka replied that it was determined there was no
safety issue with sight triangles.
Board of Adjustment Page 4
03/27/03
requirements. urrent zoning and with the curr
2. This variance will run with the c
improved width of Parfet Street. and BL 11
s aimaidxient was acceEted by Board Members SCHULZ and BL
Board Member HOVLAND offered a friendly amendment
as follows:
IR
-,sqwd Meiff,�Iers CHULZ and BLAIR.
Board Member H* XKD statect ne wou - i R 15 J'A'W OM. TTTF
had been demonstrated. The applicant could build a 6-foot fence with a 30-foot setback
without need for a variance.
Chair l reminded those present that a super majority vote of six affirmative votes
was required for passage of the motion.
The motion failed 5-3 with Board Members DRDA, HOWARD and ROLL NS
voting no.
Chair DRDA advised the applicant that his request was denied. I
C. Case No. WA-0'kJ'30!!7! - An application filed by A- I Pattern for approval of an
increase of non-living landscaping, not to exceed 50%, as described in Section 26-
502 (Landscape Requirements) for property zoned Industrial and located at 4860
Van Gordon Street.
The case was presented • Travis Crane. He entered all pertinent documents into the
record and advised the Board there was jurisdiction to hear the case. He reviewed the
staff report and digital presentation. Staff recommended approval of the application for
reasons outlined in the staff report.
AIR= Im 44610
Wer. am T N -JEW MUM"
"ifs
the drought and also in a long-term effort to conserve water. Consideration is being
given
• doubling the allowed amount • non-living landscaping.
Steven Aberle
4860 Van Gordon Street
Mr. Aberle, the applicant, was sworn in by Chair DRDA. He stated that his request is
based upon futuristic, realistic landscaping to cut back on irrigated surfaces. His
Board of Adjustment Page 6
03/27/03
For the following reasons.
Board of Adjustment Page 7
03/2'7/03
Board Member ABBOTT offered a friendly amendment to add the followintu
RE
21
Vi
91
acceicted by Board Members BLAIR and HOWARJ
The motion passed 8-0.
Chair D advised the applicant his request had been approved.
CLOSE THE PUBLIC HEARING
Chair D closed the public hearing.
A. Approval of minutes — It was moved by Board Member HOWARD and
seconded by Board Member HOVLAND to approve the minutes of February
27, 2003 as presented. The motion passed unanimously.
111111
II 1 110 PAUL DRDA, Chair
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment Page 8
03/27/03