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HomeMy WebLinkAbout05/22/200310 w,q qc" nq rfW I WVS ITIMI Ty AGENDA May 22, 2003 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on May 22, 2003, at 7:30 p.m., in the City Council Chambers of the Municipal Building, 7500 W. 29 Avenue, Wheat Ridge, Colorado. ��. - Ajkltumm 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) B. Case No. WA-03-11: An application filed • Starbucks for approval of a partial waiver of Section 26-501 (Parking Requirements) for property zoned Commercial-One (C-1) and located at 3795 Kipling Street. C. Case No. WA-03-12: An application filed by John Offersen for approval of a 2 foot variance to the 48" maximum fence height in the front yard resulting in a 6' fence AND approval of a 2 foot variance to the 6' maximum fence height in the side yard resulting in an 8' fence for property zoned Residential-Two (R-2) and located at 4375 Garrison Street. A. Abstention from voting A. Approval of minutes — April 24, 2003 A W"INM CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: DATE PUBLISHED- DATE PUBLISHED: DATE } I I • ► " l r t I. REQUEST The property in question is located at 4676 Upham and is currently utilized as a single-family residence. The property is zoned Residential-Two. (Exhibit 1, Zoning Map). 11. SITE PLAN The property contains 8629 square feet with 72' of lot width; both of which are less than the minimums of 9000 square feet of area with 75' • lot width required for an R-2 single-family lot. Board of Adjustment 2 WA-03-IO/Roll VARIANCE CRITERIA Board of"Adjustment 3 WA -03- I O /Roll The requests would not result in a contribution or Fe to t be a convenience for the property owners. The requests would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS ve 0 the variance requests. Staff has found that there are unique circumstances attributed to these requests that would warrant approval of the requested variances. gm DEPARTMENT OF PLANNING AND DEYELOPMENT /� Applicant DAvib J4, 01_L Address # k74 t HA M S - r J_P 3O 1 Phone Y _J_ City • Flood Plain Special Exception State o 'yip 33 Fax bA V 1"b 4 Own l e e- Rol-L Address -/(, 74, UpHlf / Y7 Phone ? o 3 46 City o�e • Zoning Ordinance Amendment State co Zip co 33 Fax _j Contact DA v i b 0 1- L Address -- YLL74, -- 9f Phone 3o3/ .2404. City r b State C 0 Zip EOP31 Fax _Lk_dL4r (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): U PfiM S 7 Type of action requested (check one or more of the actions listed below which pertain to your request.) Apphcafton sabodual re quire ntents on reverse side • Change of zone or zone conditions 0 Special Use Permit • Consolidation Plat 0 Subdivision: Minor (5 lots or less) • Flood Plain Special Exception 0 Subdivision: Major (More than 5 lots) • Interpretation of Code 0 Preliminary 0 Final Cl Lot Line Adjustment 0 Right of Way Vacation • Planned Building Group 0 Temporary Use, Building, Sign • Site Development Plan approval )Variance/Waiver (from Section • Zoning Ordinance Amendment 0 Other: / /I / 46 At J 0 IWITZ-5 this action on his behalf ammmm Related Case No. Fee $_V Recei Zoning Case No. 04. n3- Quarter Section Map_,& I # WVW-I�MLJWW"P DAVID H. ROLL April, 2003 mnfflmamji� My lot has a 29.12 ft by 12 ft comer, which is fenced. It has a metal shed 10 ft. by 13 ft which is deteriorating and an eyesore. The metal shed is about I ft. from each side of the Fence and 6 ft. from the back to the fence. I want to replace the 10 & by 13 ft. metal shed with a Tuff Shed Storage Building Ranch Style, which is • ft. wide by 16 ft. long by 8 in, high. The new shed w house garden and yard and deck equipment only. I / x- 4 ) 3 DAVID H. ROLL M 14A MO M P I L J.,U (,�d LI 0 11 oothills tJ urveying nuff A Ullf ST' nq It MIMS IV FTTLZ Vp U4 ef IMU.� MR31141 AD UUM G�141 VUND U71's Ifa M,111) A - - r a 936-8807 C O�t ti NOTICE. A--c-,rdin,,z to Colorado law you any 1 action -rn c--: in this survey Ii- ver action in th survey Li ti.an , years from the rf tho ccrtif.;% shown 1 1 Description: SEE ATTACHED LEGAL &.911i I P , - � 94 60 Mam= Planning and Development Board of Adjustment 7500 West 29 h Avenue Wheat Ridge, CO 80033 M= I *A a OZZOM Planning and Development Board • Adjustment i!iaxe ColmZ410 Iowa We are aware • the variance requested by David and Marilyn Roll at 4676 Upham Street, our neighbors, to replace a shed where the existing shed is. We understand t variance is needed because the distance between the shed and the fence is minimal. I eyesore or bother us in the least, We support the granting of the variance, Please feel free • call us should you want additional information. am� "y UMMAM Planning and Development Board of Adjustment i1i WYu, . laidge C* LWOMMIOrt Wall I have no objection to the new shed and because of the fence, I will not be able to see the new shed. I support the granting of the variance. m■ «« �� M= /: � � \� ; �� /�� M • • i ADDRESS 1"A"ForPRAMPF"'N 19M NAME & . a Starbucks Coffee Company 401 Utah Avenue South Seattle, WA 98134 APPDXIMATE AREA: 12,500 square feet Acre Commercial PRESENT ZONING: PRESENT LAND USE: Vacant Building SURROUNDING ZONING: N, S, E & W: Commercial One SURROUNDING LAND USE: N: Gas Station W; Restaurant S: Office/Retail : Retail JURISDICTION; The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to dear this case. MOMMUM611=1 II. SITE PLAN I tie property • i ect = I rTIMUCTI T 7 letter outlining some concerns with this request (Exhibit 4, Neighbor Letter). 11111 q 11pillig 11i 111 1 11 1 12 1 11 1 11 1 11 1 1 1 1 "I'll � i, ME= 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 which it is located? If the request is denied, the property may still receive a reasonable return in use. A tenant with a lesser 4arklna reauirement could occuni the building; however, because the lot size anTlayout will remain constant, this potential parking deticiency could be problematic tbr other tenants. 2. If the variance were granted, would it after the essential character of the locality? 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property' The hardship stems from a user that wishes to occupy a building located on a developed site. Based on the current parking regulations, it could be difficult for any user to meet the parking requirements. The request would not be detrimental to the public welfare. The property directly to the south could be impacted by this request. It could result in an inconvenience for her tenants and clients. The adequate supply of light and air would not be compromised as a result of the request. The request would not increase congestion in the streets, nor increase the danger of fire. The request would most likely not have an effect on property values in the neighborhood. variance request. Stall lias tounci Inal Tnere are unique circumstances afinGULM to Me rr'qIFFS:t I would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. The property owner has not created the hardship. The hardship can be partially attributed to the fact that the existing site is not able to adequately support all associated parking for some allowable uses in the zone district. 2. Approval of the variance will not alter the character of the locality. 3. Approval of the request could result in a benefit to the community by establishing two services for the neighborhood and surrounding areas. The City will also receive sales tax from any retail uses located in this building. Board of Adjustment 4 WA-03-1 I /S taro ucks EXHIBIT I sit ,5E 21 flow I ff vit 'It yq tMW C*. Y.s*J o y >2 F I+ ��+ wu i 3oTH Ate. W 36TH AVE � R - C W r LU 4;i ii : g dS ` s � , &NA FK w 35TH Pt T a Y°s *" � w u v,R_2 yy o n I I - wTiw =Y—A3 MOMMIMMMOd A.W.Dunn i Company 120 S. BTentwood Street — Lakewood, CO 80226 — 303/445-0982 fax: 303/445-6915 D. Quinn, Architect AM, Dunn & Company Elaine Gendron 10005 West 34 Avenue Wheat Ridge, Co. 80033 May 13, 2003 � I � A. 1111 T !, I I ' I �111 I am the owner of the property at 3785 Kipling which is immediately adjacent to the property at 3795 Kipling. I was please to learn of Starbuck's interest. They would certainly be a welcome addition to the area and a step in the right direction for the existing commercial space. time they arrive. Sincerely, r . CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: May 22 ,2003 DATE PREPARED: May 15, 2003 CASE NCI. & NAME: WA- 03- 121Offersen CASE MANAGER: Mary Austin i * ! • « s• MIMI 1 i « « « Jahn Uttersen 4375 Garrison Street Wh eat Ridge, CO 84033 NAME & ADDRESS OF OWNER (): same APPROXIMATE A: 11,204 square feet (26 Acres) «« R es id ent i a l - T wo • PR ESENT SU RROUNDING ZONING: • ! • SUR ROUNDING s Re sidential Board of Adjustment � WA- 43- 1210ffersen MONEHENAM The property in question is located at 4375 Garrison Street, and is currently a single family residence. The property is zoned Residential-Two (Exhibit 1, Zoning Map). The applicant and owner, John Offersen, is requesting two variances with this application. Request "A" is a request for approval of a 2-foot height variance to the 48" maximum fence height in the front yard, resulting in a 6-foot high fence. Request "B" is a request for a 2-foot height variance to the 6' maximum fence height in the side yard, resulting in an 8' fence. 11. SITE PLAN The applicant has submitted a petition signed by neighboring property owners in support of the requested variances. (Exhibit 4, Petition) Staff has received no objection to or public comment regarding this variance request thus far. 11 � 1 111 1 i 11 for I 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? e requests C I it, I property is currently utilized as a single family residence, and this use may continue, regardless of the outcome of these variance requests. 2. If the variance were granted, would it alter the essential character of the locality? If the variance were granted, the character of the locality could be altered. With the J *P* iuit��-itth-pvfimce-� eeds code requirements. 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) Beard of Adjustment 2 WA-03-1210ffersen as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The lot does not have a unique shape or a unique topographical condition. There is nothing out • the ordinary concerning the location of the property. There are many residential businesses. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The adjacent property to the north has a landscaped area located next to the subject property. This area is at least 17 feet in width and is planted with trees. The additional two feet of solid fence could potentially impact the supply of light and air to that area to the north. 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? Board of Adjustment 3 WA-03-1210ffersen Request B: A 2 -foot height variance to the ' maximum fence height in the side yard, resulting in an 8' :fence. Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are no unique circumstances attributed to the request would that approval of • recommends following reasons: Board t7,fAClfEt:SttTie?Yf A -03-121 ersen 5W15 PARCEMOT BOUNDARY (DESIGNATES OWNERSHIP) WATERFEATURE I I DEPARTMENT OF MAP ADOPTED Jw* 95, 1994 • "NNIt AND DEYELOrMENT Last Revision: September 10, 2001 Request for Zoning Variance at 4375 Garrison St., Wheat Ridge, CO 80033 Purpose of Eight Foot (8 Fence The noise from traffic • West 44 Avenue is ever present, especially on summer ;w.gaaz4�. The robust construction and 8' hei�,ht of the fence will create a sound barrier, diverting the traffic noise, less than 100 feet away. As there is no exit from US Auto Electric onto Garrison, the location and height of the fence do not impair a driver's vision of traffic on Garrison, The attached petition, supporting the fence construction, is signed by five of my neighbors, including the owner of US Auto Electric. A sixth neighbor, who helped me auger the postholes, was unavailable to sign the petition. Location T-TrIMIM 10 e �+.r�. We the undersigned, as effected residents and homeowners on Garrison Street in eat Ridge, between -l4 Avenue on the north and Clear Creek to the south, support the construction cif `are eightfool (8 ) tall fence at 4375 Garrison , ireet or t ae followin > reasons: John L. Offersen Gardson Street 80033 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting April 24, 2003 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DRDA at 7:33 pm. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, 2. ROLLCALL Members Present: The following is the official set of Board • Adjustment minutes for the Public Hearing of April 24, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING Board of Adjustment Page 1 04/24/03 feet • the south would allow a straight drive into the garage and also prevent the necessity of having to remove two mature trees. He stated that his neighbor to the south at 3700 Marshall has written to the City indicating he is in favor • the application. He also stated that there are about thirteen homes in his neighborhood with garages in the rear of the property. in response to a question 11 1010kkjl I , Tffl!% , , W" garages in the neighborhood, while built in the rear yard, do not encroach into the required setback. I In response to a question from the Board, Mr. Lamm stated that the trees would be located about 4.5 feet from the proposed location for his driveway. In response to a question from Board Member ECHELMEYER, he stated that a small garage would not be feasible because he would like to have a work area in h i Ms!m&eckert explained t is concerned a1vout struc ures property line that they produce a "canyon like" effect. "6 T#ff T IO TMIT , rC,7rrtYf' • ' 1111110141,3"t "REOTIER quality design and materials, he did not see a aspect to the case which would justify a variance. applicant nas Tric opu i variance. Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board from the decision of an administrative officer; and Board of Adjustment Page 2 04/24/03 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 NOT be granted 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- 413-08 be, and hereby is, DENIED. Type of Variance: 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-IC) and located at 3710 Marshall Street. For the following reasons: A friendly amendment was offered by Board Member ECHELMEYER to add the following language to the last condition: It is recognized by the Board that this would require a slight jog in the driveway to enter and leave the garage structure. The amendment was accepted by Board Members ABBOTT and HOVLAND. A vote was taken on the motion for denial. The motion passed 7-0 with Commissioner ROLLINS absent. Chair DRDA advised the applicant that his request had been denied. 11*1 Nix 4.6% IN-* -4, G-R, Board of Adjustment Page 3 04/274/03 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to adjourn PAUL DRDA, Chair Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment Board of Adjustment Page 4 04/24/03 MEMORANDUM To: Meredith Reckert From: Gerald E. Dahl Date: May 14, 2043 Re: Voting and Abstention in Planning Commission Meetings