HomeMy WebLinkAbout08/28/2003CITY OF WHEAT RIDGE
BOARD OF ADJUSTMENT
AGENDA
August 28, 2003
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on August 28, 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-03-13 (continued from July 24, 2003): An application filed by
William Hinkley for approval of a partial waiver of Section 26-501 (Parking
Requirements) AND a partial waiver • 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-03-17: An application filed by Janina Orcholski for approval of a
10 foot front yard setback variance from the 30 foot front yard setback
requirement resulting in a 20 foot front yard setback for property zoned
Residential-One B (R-113) and located at 10595 West 38' Place.
A. Approval of minutes — July 24, 2003
You will recall that at your last regular meeting, the above-mentioned case was continued until
August 28, 2003. The applicant requested this continuance to redesign the site so as to lessen the
severity and impact of the variance requests. I have been in contact with the architect for the
applicant, and he indicated that he and the applicant are still trying to redesign the site to lessen the
variance requests.
Staff is requesting another continuance to the next available meeting in September. This will be the
third continuance for this case. Pursuant to Board of Adiustment bilaws, the B• ard mijil viie •
CDn e ViT17M1,31 o0lain a stper-majority approvai kas uescnocu in Anicle
Section 2 of the bylaws) to be continued. The bylaws do not specify a maximum number of times a
case may be continued, only that continuances past the first must obtain an affirmative super-
majority vote.
I would highly recommend that this case be continued to the September meeting. If the vote for
continuance is not approved, the case must be heard on August 28, 2003. 1 have included the original
oaff report in the even that the continuance is not granted.
ACTION REQUESTED: Approval of a partial waiver of Section 26-502 (landscape requirements),
and approval of an increase to maximum lot coverage in the C- I zone
district and approval of a partial waiver to Section 25-501 (parking
standards).
LOCATION OF REQUEST: 4892 Marshall Street
NAME & ADDRESS OF APPLICANT (S): B & B Heating
4892 Marshall Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER (S): same
APPDXIMATE AREA: 11,060 square feet (.25 Acres)
PRESENT ZONING: Commercial-One
PRESENT LAND USE: Heating and Air Conditioning Shop
SURROUNDING ZONING: N & E. Commercial-One W: Commercial-One, Agriculture
One
11 1111111 •
DATE PUBLISHED: June 12, 2003
DATE POSTED: June 12, 2003
DATE LEGAL NOTICES SENT: June 12, 2003
U 6 3
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.
The property in question is located at 4896 Marshall Street, and is currently a heating and air
conditioning shop facility. The property is zoned Conunercial-One (Exhibit 1, Zoning Map).
11. SITE PLAN
The Code of Laws requires the minimum rear yard setback in the C-1 zone district to be 15 feet,
when the building is adjacent to public right-of-way. The site plan shows the proposed addition
to be set back 15 feet from Lamar Street.
Board of Adjustment 2
WA-03-13/B & B Heating
The lot is 11,060 square feet in size. Twenty percent of 1. 0 square
The applicant would to install 2,212 square feet of landscaped area. The applicant is
[proposing s install 734 square feet of t t •«
In addition to required street trees, the Code of Laws specifies one tree and five shrubs be
planted for 1 0 square feet of on •
would be • to install 2,212 square of s t would mean the applicant
would be • t to e« t t nal 3 trees and I I shrubs to satisfy the Code requirement.
Re— t est
Request request decrease the required count of p •. for - lot.
existing parking area on t_ of building adjacent • the Marshall Street frontage,
however, parking spaces not `t and the parking pattern is very randomized.
Beard of Adjustment
WA-0 3-13/B & B Heating
The existing parking area does not meet the current parking standards, as required by the Code of
Laws.
Request A& B: If the variance were granted, the character of the locality would not be
altered. Most of the surrounding properties have less than the required twenty percent
landscaping coverage. This could be due to the fact that the buildings were constructed
Board of Adjustment 4
WA-03-13/B & B Heating
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?
Reguest A and B: The lot does not have a unique shape. It does have frontage on both
Marshall and Lamar Street. The lot is relatively flat.
Rtq!jest C. An existing parking area on the Marshall Street frontage is situated in a
precarious location, however, opportunities for additional parking could be accomplished
on the Lamar Street frontage. Currently, the Lamar Street frontage is used as a large
outdoor storage area, a use that is not allowed in this zone district.
4. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Request A, B & C: The applicant has created a self-imposed hardship. It appears that the
lot is simply too small to accommodate a buildin addition of this size. If the storage area
9
on Lamar Street were to be removed, additional parking spaces could be located at the rear
of the building.
RtqRest C- The request could impact the surrounding neighborhood. The parking
deficiency would create a displacement of parking spaces on surrounding properties, or
force customers and staff to park in and along the right-of-way.
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?
The requests would not result in a contribution or benefit to the
neighborhood, and would merely be a convenience for the property owners. The requests
would not result in a reasonable accommodation of a person with disabilities.
1 11 , IR ig
I W. L"# aw I I I LW I a L'Ll III I I I MA
ii i 4
Upon review of 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 approval of a variance, Therefore, staff recommends DENIAL for th*
following reasons:
I . A person having interest in the property has created the hardship.
2, The expansion of the building could be decreased to accommodate other
landscaping opportunities.
3. There are no unique circumstances relative to the shape or topography of the
property-
Board of Adjustment 6
WA-03-13/B & B Heating
Board of Adjustment 7
'4 A- 03 -13/B & B Heating
e !
PEPSI AVF
SW 13
v
DEPARTMENT OF MAP ADOPTED: June 15, 1
M ANNNG AND VEVELOrMENT Last Revs5ima September 10, 2001
��
r
SW 13
v
DEPARTMENT OF MAP ADOPTED: June 15, 1
M ANNNG AND VEVELOrMENT Last Revs5ima September 10, 2001
m
N
I
t. AM PA5HW
EX15 E3UILPNa
4W 4 4"Z
VAR5HALL 5TREET
tMopy DRIC*
ADPI — tlO4 Al
RWUE I VARIA,�GE FOR 5EVEN (*7> O1 E (1) HA,4PICAP
PARkNIC-i �PAC-E5 11 LIEU 20 PA E.15
REEOUE'57 2 r VARIA�40E FOR 1� IEF FROY A MI41MUKA 207 OF L07
R,WUE57 3 VARIAqCE FOR RELIEF FROM 507 MAXIMUM LO 7 OOVERAaE
REOUIREMEN'7 PER 4bEO ZC�-236 COMMERCLA- - Oq=- P15-Rlol' (0-1)
pc 0, X 00 , gEu , H Q 1 Y , Z, ,, "R C' Zk uh'sv C M R U EMS 70—')
J004T LAJ��APW,
K�l WrirWieOR TO
HAT Cl�
L,07' X
ttH 54Tm CIONCRETE
tL m
au 0 A�C LAMAR 57MET
Wi, T4,
STORY eoz[C4
BLOCk 12
mmilgirag
LOT 16
9 46 E6 P
E rp-L.Ilkll E�\Iq L la
I
707AL PROPER
EX15"'NC, 81 !1La�3fSin
FIR157 FLOOr . . . . .
MEZZA�0 . . - , - ,
PROP05E:) LAt4P5OAP$4 .
RAW
Rg"
I
11,0( '0 bO/Fr
4400 50rr-T
3(000 50/FT
2400 50/r-r
p v—
L�OT 24
T
OT 25
HAT Cl�
L,07' X
ttH 54Tm CIONCRETE
tL m
au 0 A�C LAMAR 57MET
Wi, T4,
STORY eoz[C4
BLOCk 12
mmilgirag
LOT 16
9 46 E6 P
E rp-L.Ilkll E�\Iq L la
I
707AL PROPER
EX15"'NC, 81 !1La�3fSin
FIR157 FLOOr . . . . .
MEZZA�0 . . - , - ,
PROP05E:) LAt4P5OAP$4 .
RAW
Rg"
I
11,0( '0 bO/Fr
4400 50rr-T
3(000 50/FT
2400 50/r-r
�7v roc
a (C 7 0 1 7 1 1H , 2 E-1 9 � 7 u
7 ' 'y �� �' ,,
L
E 51, 114 ' [E " RE ul I �2 Jq (01 51
NEW ADDITION
FOR
B&B HEATING
4892 MARSHALL STREET
WHEATRIDGE, COLORADO 80033
V,L,UAM J. ei2RKLEY kAX>+TECT PH, {317.3} 75i -4016
3001 SOUK JAMNCA COURT., #l-A ..AURORA, ',0 8W4
DRAM
P OLN VAT
F OU�4PAT 10h41
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO. Board of Adjustment
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
niet, therefore, there is jurisdiction to hear this case.
1. REQUEST
The property in question is located at 10595 W. 38 Place, and is currently a single farnily residence.
The property zoned Residential-One
Board of Adjustment
A- 03- 17 /Orcholski
1 0 -- 4 & 0 • 6 a a 6
I W
11. SITE PLAN
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
which it is located? I
If therequest 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.
Granting the variance may alter the character of the locality since there are no other
properties in the immediate vicinity which have additions to the front of the house. A view
down either Nelson Street • W. 38 h Place will reveal that the majority of the homes have
the typical 30 foot front yard setback.
Board of Adjustment 2
WA-03-17/Orcholski
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 hardship • proposing to
build a structure that does not meet setbacks. There is adequate room on the east side of the
existing house to place the sunroom, but the applicant's letter of request states that the
garage area is an undesirable location for the proposed improvement.
,1, 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?
merely be a convenience for the property owner. The request would not result in a
reasonable accommodation of a person with disabilities.
3
Board of Ad ustrnent
A -03- I7 /Orelaolski
1
NE 21
W a3tD aw
R' •
SJC
W2.72.2
x x w w
KIPLING
P
W! •!.
R , T ...,�.
° , x R.yx y. ,y+...,��,,.
" * Af + x x
1
v"
s w
oco .r"
x w d
w
w x r r
r x
O
V l f
t" V41i§.T AVE
.
+ fi r ". x Y
IV
�
x x
x
to
M4q
ak:9
a'
w.
1
PLI
ua
a
to
•
A
0
0
—j
0
u
z
07—)
0 0
. U
-40
z
cc
LAJ
U-
U
LJ
LL C�
0
z 0
L)
LU
tj t
rl
0
(3
4-4
tU
-4
0
CS
Ic:
rr
•
r-
co
0
1 0
M
�4
0
f-4
0
res
lfF
Ul)
0)
U')
0
aF
MI
°,l"e G
w j - 1 -1 " -- I it
''1- 71 -0
DATE:
SALE PRICE:
.. -
MENTS:
7_:.J
rt
313U:)NOD -
'aNI'l 3,DN3:i
31VV41XOUddV -
A3NnIH:) - d 3
AHIN3 GaH3AOD -3:)
30VNIVt$O =O
Alillirl -,)
(0:) d l SVO -- 0
IN3V43SV3 -1
:S31ON
I=.
CM
0
313U:)NOD -
'aNI'l 3,DN3:i
31VV41XOUddV -
A3NnIH:) - d 3
AHIN3 GaH3AOD -3:)
30VNIVt$O =O
Alillirl -,)
(0:) d l SVO -- 0
IN3V43SV3 -1
:S31ON
CM
0
0
E
=
v
0
ui
To c
P-4
313U:)NOD -
'aNI'l 3,DN3:i
31VV41XOUddV -
A3NnIH:) - d 3
AHIN3 GaH3AOD -3:)
30VNIVt$O =O
Alillirl -,)
(0:) d l SVO -- 0
IN3V43SV3 -1
:S31ON
a
CM
0
E
=
v
0
To c
P-4
E
tin
E
0
X
o
w
-C
—
U 3:
<
.;;
<
_4
CL 0
0 C
V
uj
z
E
V
P 0
0
41 -
0
z 44
C>
w r-4
.0
0
U
Z
C
44
0
0
V-4 *-4 0
0 C >
r -�,
>
00 a4 4- 4)
0
to
E I
u
0
ck.
c
0 IV
—.1 cc 3 Q V)
c z
E
E
w
0
E
cx
E w 0
0
E
CL
0
CL w
cc
to
a
E
j E
>
to
to
>
z
to
t v CA
o 9 - 0
a
CITY OF WHEAT RIDGE :BOARD OF ADJUSTMENT
Minutes of Meeting
July 24, 2003
The following is the official set of Board of Adjustment minutes for the Public Hearing of July
24, 2003. A set of these minutes is retained both in the office of • in the
Community Development •. of Ridge.
It was moved by Board Member BLAIR and seconded by Board Member
PETERSON to continue Cast No. WA-03-13 to the meeting of August 28,2003, The
motion N 8-0.
Board of Adjustment Page 1
07/24/03
B. Case No. WA-03-15: An application filed by Mark and Julie Bymaster 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 C) and located at 3295 Fenton Street.
This case was presented by Mary Austin, She entered all pertinent documents into the
record which were accepted by Chair DRDA. She advised the Board there was
jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff
recommended approval of the case for reasons outlined in the staff report.
Board of Adjustment Page 2
07/24/03
painted the same color. He further explained that siding was planned in order to meet
budget constraints. Architectural details on the addition, such as windows, are planned to
match the existing house.
Chair D asked if there were those present who wished to address this matter. The
following individuals responded:
Patricia Wyland Ladwick
5825 West 33
Ms. Ladwick was sworn in by Chair DRDA. She spoke in favor of her neighbor's
17JNcItV*Ir-z&d-
neighborhood.
Board Member PETERSON commented that R- I C is the only zone district that requires
an additional setback for each story.
Board Member HOVLAND indicated that he was in favor of the application and
commented that a pop-top would have a greater impact on the house to the south than the
Board of Adjustment Page 3
07/24/03
proposed application. He also commented that he was very familiar with this
neighborhood and appreciated its diverse architectural nature. He also pointed out that
the comer lot presents setback limitations.
Board Member BLAIR favored the application. He commented that if the view were
♦ i"A"I"i I f mQ I W I
ON 91 014140 01
Board Member ABBOTT commented that, while there are more "cut and dried"
hardships, he agreed with Board Member BLAIR.
Upon a motion by Board Member ABBOTT and second by Board Member
HOWARD, the following resolution was stated:
Whereas, the applicant was denied permission by 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.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-
03-15 be, and hereby is, APPROVED.
Type of Variance: A 5-foot side yard setback variance from the 10-foot side yard
zoned Residential-One C
(R-lC) and located at 3295 Fenton Street.
Board of Adjustment Page 4
07/24/03
In response to a question from Chair DRDA, Mr. Pesicka stated that if the variance were
denied, the lower portion of the sign would have to be removed.
knowing Board Member PETERSON commented that the applicant would have had no way of
i had changed and that the existing sign was not in compliance.
Board of Adjustment Page 5
07,124/03
I I I
mcmmp OTrammm"
company signed a seven-year lease for a building that offered a prominent sign for a
business they are trying to expand.
Board Member BLAIR agreed with Board Member ECHELMEYER and commented that
there are many signs along the 1-70 corridor.
Whereas, the applicant was denied permission by an administrative officer; and
F-Wil
Board from the decision of an administrative of and
Board of Adjustment Page 6
07/24/03
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 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.
I reso TrI1771 I I 1 .1 M MM-1, -0. MON
03-16 be, and hereby is, APPROVED. I
Type of Variance: A variance to Section 26-709 of the Wheat Ridge Code of Laws
(Sign Code) to allow an increase in the maximum sign area allowed to 216 square
feet for a freestanding sign on property zoned Planned Industrial Development
(PID) and located at 10601 West 1-70 Frontage Road North.
For the following reasons:
With the following conditions:
1. The existing freestanding signage may not be extended above the existing
heiE ht into the allowable 50-foot height.
2. The variance shall be applicable to the current applicant or their corporate
successors only and shall not "run with the property."
Board of Adjustment Page 7
07/24/03
PAUL DRDA, Chair Ann; Laz+eri, Secretary
Board of Adjustment Board of Adjustment
Beard of Adjustment Page 8
07/24/03