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Home My WebLink About07/24/2003Ily I 101 11 AGENDA July 24, 2003 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on July 24, 2003, at 7:30 p.m., in the City Council Chambers of the Municipal Building, 7500 W. 29 Avenue, Wheat Ridge, Colorado. P� K IT - 9 W - 4, % 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) A. Case No. WA-03-13 fcontinued from June 26, 2003): An application filed by William Hinkley for approval of a partial waiver of Section 26-501 (Parking Requirements) AND a partial waiver of Section 26-502 (Landscape Requirements) AND an increase to maximum lot coverage for property zoned Commercial-One (C-1) and located at 4892 Marshall Street. B. ' Case No. WA-03-15: An application filed by Mark and Julie Byrnaster for approval of a 5 foot side yard setback variance from the 10 foot side yard setback requirement for a two-story structure on property zoned Residential-One C (R- I Q and located at 3295 Fenton Street. C. Case No. WA-03-16: An application filed by ARC Wireless Solutions for approval of a variance to Section 26-709 of the Wheat Ridge Code of Laws (Sign Code) to allow an increase to the maximum sign area allowed for a freestanding sign on property zoned Planned Industrial Development (PIS?) and located at 10601 West 1-70 Frontage Road North, NMELMMa� City • Wheat Ridge 1 Community Development Department ri Memorandum tOR I Ws Board of Adjustment bylaws, the Board must vote on this continuance. Additionally, the vote o o o b • mus btain a super-majority approval (as described in Article IV Sectin 2 f the bylaws) to e continue. I 5 ITIUK111; U11 C11*rt tit 1111pt u1c U101plicativil. 11 the V+LC AT Q4 must be heard on July 24, 2003. NOR 1 E � H ENREEM CITY OF "WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: July 24,2003 DATE PREPARED: July 18, 2003 CASE NO. & NAME: WA lBymaster CASE MANAGER: Mary Austin ACTION QUESTED: Approval of a 5 -foot side yard setback variance from the 10- foot APPROXIMATE ARE 9,3 75 square feet (215 Acres) PRESENT ZONING: Residential -One C (R -1C) P Sin R esid e ntial SU Resid ential o i «� 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. REQUEST The property in question is located at 3295 Fenton Street, and is currently a single family residence. The property is zoned Residential-One C (Exhibit 1, Zoning Map). The applicant and owner, Julie Byrnaster, is requesting approval of a 5-foot side yard setback 5-foot side yard setback. The R- I C zone district requires a 5-foot minimum setback for the first story and 5 feet for each additional story. As a single story structure, the current 5-foot side yard setback is conforming. Based on the 5- foot per story setback requirement, the 2-story portion of the addition is subject to a 10-foot setback, while the attached garage portion of the addition is subject only to a 5-foot setback requirement. If the proposed addition were to confonn to the required setbacks, the additional living space would be located 10 feet from the property line and the attached garage located on the 5 foot setR ack line. This would create an undesirable staggered wall effect. The applicant is seeking construct the entire addition in line with the established 5-foot setback. I Staff has received no objection to or public comment regarding this variance request thus far. 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 o district which it is located? I If the request is denied, the property may still receive a reasonable return in use. The property is currently utzed as a single family residence, and this use may continue, e gow e rew Howevei it is unknown whether an r. I V-da V # g"_ I a I # gml W, Lai m AN t 11 Wit 2. If the variance were granted, would it alter the essential character of the locality? • 5 rrliinnir�i � llil;1111;1��Ipig!�I pi I ii 111IMill v addition onto an existing single story structure ("pop-top") would not require relocating the foundation to increase the setback. Therefore, any type of "pop -top" could result in a two- story structure on the 5-foot setback line. The existing zoning district, with the required setbacks, was in place at the time the property was purchased by the applicant. However, the applicant did not establish the current location • the home on the 5-foot setback line. The applicant simply wishes to build in line with the existing structure. Board of Adjustment WA-03-1518y master 3 Board of Adjustment WA- 03- 1514ymaster r ink mm M OrEPARTMENT OF MAP ADOPTED: .- Mark and Julie Byrnaster 3295 Fenton Street Wheat Ridge, CO 80212 City of Wheat Ridge Community Development Department Board of Adjustment 7500 W, 2qth Avenue Wheat Ridge. CO 80033 July" 3, 2003 V We are requesting a variance to allow a second story addition that will align -with the existing structure, The existing home has a 5 foot set-back from the property line on the south. Another home at 3265 Fenton St_ only three houses from ours. already has established a precedence in the neighborhood with a two story addition on a similar set-back, The neighborhood is an eclectic one, There is a mix of homes ranging from the original earl, ' y 1900 era farmhouse across the street, to the newer homes to the northwest of our property that were built in the early 1990's, Most of the homes to our immediate cast. south and west were built between 1930 and 1960. There is a wide variety of home styles, lot sizes, and set-backs within this mixture of older and newer properties, Our home. built in 1948. is located on the southwest comer of 33rd and Fenton across from Panorama Park. It has two bedrooms, one bathroom, a partial basement, and a one car garage, The improvements we propose would contain afamily room. a much more efficient laundry room. a two car garage. and an upstairs bedroom with an additional bathroom, This plan would ftirther free space in the existing structure to create a larger, more accommodating dining room. a 1/2 bath, and pantry space in the kitchen, These improvements should greatly increase the value of the home and put it within a competitive price range of the newer homes across the street on 33rd. The addition is carefully planned to blend with the existing home and to enhance the aesthetics of the neighborhood by attempting to minimize the "tacked-on" took of many similar additions, a jgi6l] ka will look out onto a co- planned solid fence) and by planning only one window to the south on the second floor. This window gill be a privacy xvindoNv. necessary only for the light of tile southern exposure. Since February. we have worked extensively with an architect and a structural engineering firm to come up with a plan that is simple. yet accommodates what is considered to be tile minimum requirements in toda-N's expectations for a farm]\ home. In the process. we found that corner lots have more limitations NvIth setback than we first realized. In our case. these limitations are further compounded by the small size of the lot and tile structure and layout of the existing home. We could not go directly up with a "popped top" because of foundation concerns. We could not build north because of the proximity of tile street. We could not extend more than five feet to the front of the home on the east for similar reasons, The south already had only 5 feet to the property line. so our only option is to build to the Nvest. However. because of the allev oil that side there was a ten foot setback requirement so we had to carefully plan the space for a shallow garage as well as the hying space needed. The layout of the existing home creates access difficulties from the old home into the addition. T'herefore, the most logical flow Into tile addition restricts the new structure from being extended past the southern third of the existing house oil the Nvest side. We also were mindful of staying within the required percentage ratio of the structure to the small lot size. Despite conversations Nvith the city about the difficulties inherent on a comer lot NvIth an alley, we inadvertently missed the information about set-backs for an addition with a second story and proceeded with a plan that incorporated the sct-back to the existing structure. Because of the design of the existing home. it is not a matter of simply moving everything over 5 more feet. This option would not only destroy a bay window in the room intended to become the dining room, it may create additional and costly roof and structural issues. If we reduce the existing plan by 5 feet it eliminates the laundry room. If we keep the laundry room as planned. then the loss of 5 feet greatly reduces the size of the family room/living room. The family room/living room plan already is on the small side of what is typical for most homes built today and reducing it further would make it smaller than the room we use for that purpose no\\ In the existing home. At this point. a complete redesign would be a difficult option for us. With the set-back limitations of a comer lot and some of the other difficulties created by its narrow size. and the restrictions within the existing structure. the intent of tile addition may be compromised. More important]\ we have already invested a great deal of time and money into this project. and the cost of starting over or making extensive changes may be prohibitive for our budget. It has been an unfortunate and frustrating error. However. because of the time and financial investment we have already made. because of issues with the lot and existing structure. and because ours would not be the first home in the neighborhood to have an exception to the two story. ten foot set-back, we would like to proceed with this plan and ask for a variance that \vIII allow a second story addition that aligns to the 5 foot setback of the existing structure. Thank vou, The Central Bank and Trust Co. Curry t 11 O In trr lu a w a w. � .sue .. 74 wt CITY OF RIDGE REPORT PLANNING DIVISION STAFF NAME &c ADDRESS OF OWNER (S) Kew Realty Corporation 720 S. Colorado Blvd., Suite 7405 Denver, CO 80 APPROXIMATE AREA: 101,059 square feet (2.32 Acres) PRESENT ZONING: Planned Industrial Development (PID) PRESENT LAND USE: Warehouse /Office Space SURROUNDING ZONING:. N, PID & A -1; , A -1; E, PID & .A -1; W, PIT} JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to :near this case. Board cat'. Adjustment i A -03 -16 /Arc Wireless I. REQUEST OMNI I UK". • in the Commercial-One zone district • 1577; at Mat time me sign coucallowco 'or a 00TIus M LOT a Ylval business was located within !/4mile of an interstate highway, Under the current Code of Laws there is no square footage bonus for proximity to an interstate highway. The total allowable square footage for this property is 173 square feet. In 1995, variances for sign setback and height were approved for this location. If the applicant is not granted the variance, the portion of the existing sign that is now being used is in compliance for square footage, but not for setback. However, as stated above, the property was granted a setback variance 1- 1995 11. SITE PLAN Site The sign does not meet setback standards for the zone district, but a variance for setback was approved in 1995. HI. VARIANCE CRITERIA 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? Board of Adjustment 2 WA-03-16/Arc Wireless If the request is denied, the property may still receive a reasonable return in use. 'ne property is currently utilized as office/warehouse, and this use may continue. Presently, this location is not used for retail sales. The primary function of the business at this particular location is manufacturing of cell phone accessories, 2. If the variance were granted, would it alter the essential character of the locality? 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? The lot does not have a unique condition. It is rectangular in shape and relatively flat. A 15 foot sewer easement for Clear Creek Valley Sanitation District runs parallel to the southern property line, 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 sign that exceeds the maximum allowed for a freestanding sign. The applicant is utilizing the existing freestanding sign for advertising purposes. The applicant indicated that they bought the property with the understanding that the remaining square footage of the freestanding sign could • used as it was before, and were unaware of the new restrictions. Board of Adjustment Board of Adjustment 4 WA- 03- 16/Arc Wireless I mm FWW3 �WW• I tb 1Ttj ADDRESSES 100-YEAR FLOOD PLAIN (APPROXIMATE LOCATION) DEPAPTMENTOF MAP ADOPTED: June 15, 1994 PLANNING AND DEVELOrMENT Last Revision September 10, 2wl ms� Travis R. Crane Planner City of Wheat Ridge 7500 West 29 Avenue 1 1, e. Colo 80033 RE: 10601 W. 48 Avenue, explanation of the request for variance w j I F M PERI m • • -: d Im lit EXHIBIT 4 DEMO - REMOVE VOLANT 51GNAGE, 1)15CONNECT 120 VAC. f RIMAKY TO VOLANT 51GNAGE. FURNI5H AND IN5TALL .063 f KEFINI5HED WHITE ALUMINUM 5HEET5 BACKGROUND AF 'FLY 3M HF' VINYL COf Y, REMOVE EX15TING FLEXFKAME FACE5 TAKE INTO 5HOP AND CLEAN EX15TING PANAFLEX FURNI5H AND APPLY DIGITAL PRINT PICTORIAL (2 FACE5) RETURN TO LOCATION AND KEIN5TALL ONTO EX15TING CABINET.. 5EKVICE TO EX15TING T-12 ILLUMINATION ON TIME AND MATERIAL 5A515... COMPUTER ART FILE FURNISHED BY CUSTOMER IN EPS. OR Al FORMAT REQUIRED.,,,,,,, ADUTE WILL ENDEAVOR TO CLOSELY MATCH COLORS, INCLUDING PMS, WHERE SPECIFIED WE CANNOT GUARANTEE MATCHFS DuF TG u mw; ( , . nWATIRII m nF Si IRFACF UAATFRWI s ANn PAINTS i r;n AI I III I II.I FJATFn NgPI AVS RI III T m vn1 T I IHI ccc MWEDW= rNrIEIM 1 on vAr DDiKnenv DnwED Tn Anin EIKIAI unnvi 1D W r)TUEM W-KI riDri irrm DEni nDE nEnrATEn unT nice FMAI AE n r_nni loin Tank AuaAnur AT MEIri Since 1951 4650 Dahlia Street Denver, Colorado 80216 303 - 399 -3334 Www.adiitesign.net THIS DESIGN IS THE PROPERTY OF AD -LITE SIGNS AND IS SUBMITTED FOR YOUR USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD -LITE. IT CANNOT BE REPRODUCED EITHER IN WHOLE OR IN PART WITHOUT THEIR WRITTEN CONSENT. LIENT ARC WIRELESS SCALE: NOT TO SCALE DO NOT MANUFACTURE WITHOUT APPROVALS OCATION 10601 W. 48th AVE. THE BOXES BELOW MUST BE INITIALED AND DATED PRIOR TO MANUFACTURING [ADATE 5 -12 -03 REVISED 5 -21 -03 CLIENT APPROVAL PRODUCTION APPROVAL TO MFR. INITIALS; DATE; LESPERSON MARK H. DATE: HAND FAINT WITH BULLETIN ENAMELS ONTO EIFS FACADE AT ENTRANCE (ARC WIKELE55 50LUTION5 COPY WITH LOGO AND TM) EXI5TING BACKGROUND PATCH AND REPAINT BY OTHERS FRIOR TO AFFLICATION OF ARC GRAFHIC5. COMPUTER ART FILE FURNISHED BY CUSTOMER IN EPS, OR AI FORMAT REQUIRED.,,,,,,. ADUTE WILL ENDEAVOR TO CLOSELY MATCH COLORS, INCLUDING PAS, WHERE SPECIFIED WE CANNOT GUARANTEE MATCHES DUE TO VARYING COMPATIBILITY OF SURFACF MATFRIAISAND PAINTS LSFD ALL III IIMINATFD DISPIAYS RUIIT 19f1 VnIT I IN; r(N nTP;MUCr Orrimn I ')n% /Ar DDIAAAr)V DnwcD TO Ardn aniAI unnvi ID avnrucoc ar_ra rna^i urrn DMI110C nmrATM unT nm ITDAI Aein cnni uin MMAIKIATIA r AT nAAIII Since 1951 4650 Dahlia Street Denver, Colorado 80216 303- 399 -3334 Www.adlitesign.net THIS DESIGN IS THE PROPERTY OF AD -LITE SIGNS AND IS SUBMITTED FOR YOUR USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD -LITE. IT CANNOT BE REPRODUCED EITHER IN WHOLE OR IN PART WITHOUT THEIR WRITTEN CONSENT. CLIENT ARC WIRELESS SCALE: NOT TO SCALE DO NOT MANUFACTURE WITHOUT APPROVALS LOCATION 10601 W. 48th AVE, THE BOXES BELOW MUST BE INITIALED AND DATED PRIOR TO MANUFACTURING DATE 5 -12 -03 REVISED 5 -21 -03 CLIENT APPROVAL PRODUCTION APPROVAL TO MFR. INITIALS: DATE: SALESPERSON MARK H. DATE: CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting June 26, 2003 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DRDA at 7.30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 26, 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. Board of Adjustment Page 1 06/26/03 It was moved by Board Member BLAIR and seconded by Board Member HOWARD to continue Case No. WA-03-13 to the next Board of Adjustment meeting scheduled for July 24,2003. The motion passed 6-0 with Commissioners ROLLINS and SCHULZ absent. r ITTITIM"If Mw oil it MIR U11t PAUL DRDA, Chair Board # # Board Adjustment Board of Adjustment Page 2 06/26103