Loading...
HomeMy WebLinkAbout09/25/2003CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA September 25, 2003 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on September 25, 2003, at 7:30 p.m., in the City Council Chambers of the Municipal Building, 7500 W. 291h 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 August 28, 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. V�K# WAV311310 A. Approval of minutes — August 28, 2003 KI 1441 tA lixio ION a 1i I OFUKTV IL I 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 -1 zone district and approval of a partial waiver to Section 25-501 (parking standards), 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 (C-1) PRESENT LAND USE: Heating and Air Conditioning Shop SURROUNDING ZONING: N & E.- Commercial-One W: Commercial -One, Agriculture One DATE PUBLISHED: June 12, 2003 DATE POSTED: June 12, 2003 DATE LEGAL NOTICES SENT: June 12, 2003 ENTER INTO THE RECORD: (X) CASE FILE & PACKETIMATERIALS (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. MENJUL02=1 The property in question is located at 4896 Marshall Street, and is currently a heating and air conditioning shop facility. The property is zoned Commercial-One (Exhibit 1, Zoning The applicant and owner, B & B Heatiniz and Air Conditioning, is requesting three separate variances with this application (Exhibit 2, Deed). Request "A" is a request for approval of a partial waiver to the landscaping requirements. Request "B" is a request for an increase to the maximum allowable lot coverage. Request "C" is a request for approval of a partial waiver to the parking standards. 11. SITE PLAN The Code of Laws requires the minimum rear yard setback in the C- I 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 WA-03-13/B & B Heating at approximately $200,000. Jefferson County records show the existing building has an actual value • $193,000. This is an increase of over 100% in value. Based on this; the applicant is required to install the maximum amount (100%) of required landscaping for the district. The required amount of landscaping for a C- I property is 20% of the lot area, The lot is . 11,060 square feet in size. Twenty percent of 11,060 square feet is 2,212 square feet. The applicant would be required to install 2,212 square feet of landscaped area. The applicant is proposing to install 858 square feet of landscaped area. In addition to required street trees, the Code of Laws specifies that one tree and five shrubs be planted for every 1,000 square feet of required landscaped area. Based on lot size, the applicant would • required to install 2,212 square feet of landscaping. This would mean the applicant would be required to plant an additional 3 trees and I I shrubs to satisfy tile Code requirement, The existing parking area does not meet the current parking standards, as required by the Code of Laws. The site plan details three parking spots on the cast interior of the building. Because of occupancy separation, these spots may not be located near areas of office use. Thes e three ww building. These parking spaces may be utilized provided the building is constructed in accordance to the Uniform Building Code with respect to interior parking. trice &7qT =77" an7'ATqT=S are TraerreiaTea, ZeUro in response to the following criteria. Where possible, all three requests will be combined to respond to the 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 WA-03-13/B & B Heating Req�« • : If the requests are denied, the property may still receive a reasonable return in use. The property is currently utilized as a heating and air conditioning office and shop, 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? ORE win en requi spaces on the interior would restrict the future use of this building. 3. Does the particular physical surrounding, shape • 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? Request 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. • • on the Marshall Street frontage is situated in a precarious location, however, opportunities for additional parking could be accomplished oil 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 • any person presently having an interest in the property? • The applicant has created a self-imposed hardship. It appears that the lot is simply too small to accommodate a building addition of this size. If the storage area on Lamar Street were to be removed, additional parking spaces could be located at the rear of the building. B���est 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? Atq!jest A 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 the following reasons: 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. Re �B 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 the following reasons: 1. A person having interest in the property has created the hardship. 2. There are no unique circumstances relative to the shape or topography of the property. Board of Adjustment 6 WA-03-131B & B Heating RN!Le—stC 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 the following reasons: Board of Adjustment 7 WA-03-13/B & B Heating ------� L go. SW 13 ~� \ /. DEPARTMENT OF MAP ADOPTED: June 15, 1994 rLANNII-* AND DEVELOfMENT Last Revision: SeeLtmber 10, 2001 i III L� I I I I m I 8 VON 11-10- • • tf 8 VON 11-10- • • • i`vNTk TO aun n { s _.. I T �,. f f \ °�- .xl�- + #�-- i+ -rrti t � p �i ee ,� r f € CLL ., E.7Ct9T'tll A,5PHAL.T ; r " �0 L.or 2A f , r > � �a vu� a WI c __ a c. � —lz <st -m .I h t+titi PA E tr L.OT 20 f 4&V e 46V .. k .rA 'v. •�" t sx c»ca d I T LOT to sP r ec.a L a, a raTc Ta oua k i m_ 3 � S LO 0 } UEE T I \ AR[AK'GE FOR RELIHEF FROV, A MENIMU? ", 20% OF E..O REOU,EBT 2 s VARIA.40!0 FOR 12E.x,.! V,, 807 MAXIMUM LO i OOVE�A E R EOUIREMEI4T PER 5EO 26 -218 rOMMERGIA. - Of' 'E P15TR'iC7' (0 -1) PAPKING ALA Y i _ _ _ ""t�7A PE,�T- 11,0400 50.FT1 44 E XE'IbJG 3PL[N e 50.F T. nntr S n � . # � }. ^a 'r' .2Et i(.�$C.}; C.TT. Y i ca id UV r,.1`� 1 ' ' U a J Vl u'u V . . �. }`*IGX4 YLV'a1 i4. }`V: _ QF lCE _A .: - 8 SPACES FI€2T FLOOR 3600 5Cd FT, 500 SQ.FT, ME.ZZAt41NE. 2400 502 Fr. A STOPAGE /FABQIC4,710N fib* - E6 SPACES PO5E:? LA 5 API# 40, 858 t0 F- OR h4ON 5 4 50 FT. O12 .AP7 T07,t L '2EQUIPE"J PAW - 16 SPACES E TEREC3? PA pit P' JJE M,LLD S 1 ASSESSABLE SPACE NTePlO PA;Z< PPO''VIDED - 13 SP ACES PAPQNG PPOADED - 19 SPACES LCi x 20 AV 2i. UjS 3 :'EE.'"° r t_GT 22. T?-?E. PSGY2T?�t I FF--T OF LOT M, fir. _ Of Ck 8b,. `T" t 1 ,1°S 3 FIL , TOC -T-.' A 6MiT1i A,i- rr,AT PORTC m OF ' Ie AL . T' AG'�,k EJti 0 4 T.^^tE. M$ -TO 1 lz°�''' ' A' ' A PARCr4, OF ' At M60i ^ AT A POW 1 FEAT Y TT C?F eau ?T ccT c ca ,r, emirs E r FaT 4� . c, Tc EAxi cF vva � sTa.SE rtseaY 72 T� .tA� -�t A a.F�z�,� c� taF? EAr R F v ar v c� a 2s FEATT s�T cF 23,24 ;r r C 2 ac , s, [PkE Y Fu «ate a R eAu7 €?F HsG A"'.' NcT, , 7 5AV � ,, P L.t? ^A'?'�.,� tN mLock WL Ate. 5TATE 4"'F C.s3Y.'•M -^pu k7. NEW ADDITION FOR ,._._...,. .....�.._..._...�...___...,_.._ &B HEATING 4892 MARSHALL STREET WHEATRIDGE, COLORADO 80033 �� -.���° j T V9LjJ..AAa J h'NKLEY A.RCHi ECr PH (303) 751-4'0 6 IT-0 J META aAp P,00F ee MF-TAL V%�L 5 \EX15TNr� LVrS4C. 15U RO RZMAN r,W �0, N1 L 5C,,k-E 114' = J' -Ox 17op OF MAWSP,- { I N 0 5 10 20 NEW ADDITION FOR B&B HEATING 4892 MARSHALL STREET WHEATRIDGE, COLORADO 80033 V,LLIAM w ' HPNK+.ZY ARD+' TECT PH (303) 75;.-4016 3001 SOU"m JMAA�CA COUP,7 #1-4, , AURORA, CO 80014 F OUVATV-4 '2=!.L u heating and Air Conditioning, Inc. July 15, 2003 Nomad Lawn & Property Maintenance 4890 Marshall Street Wheat Ridge, CO 80033 Attn: Damon & Katie Hensley H1 1 1 T lie parking area at all times. Please sign below as acceptance and return to B&B Heating & Air Conditioning, Inc. Thank you in advance for your cooperation and we look forward to the new improvements soon to begin. Print Name: D&Mcll Date: CITY • WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: September 25, 2003 DATE PREPARED: September 15, 2003 CASE NO. & NAINIE: WA-03-19/Hargenreter CASE MANAGER: Travis Crane ACTION REQUESTED: Approval of a 2 -foot side yard setback variance, resulting in a 9-foot front yard setback when adjacent to a public street, and approval of a 15- foot rear yard setback variance, resulting in a 15-foot rear yard setback when adjacent to a public street, APPDXIMATE AREA: 13,200 square feet (30 Acres) PRESENT ZONING: Residential-One PRESENT LAND USE: Single-Family Residential SURROUNDING ZONING: N; S- E. & Residential-One A SURROUNDING LAND USE: N* �SE &W: Single-Family Residential DATE PUBLISHED: September 11, 2003 DATE POSTED: September 11, 2003 DATE LEGAL NOTICES SENT: September 11, 2003 Et"I -1 V_K IN 1U (X) (X) (X) (X) 'If�ff,_FITECORD: CASE FILE & PACKET MATERIALS ZONING ORDINANCE SUBDIVISION REGULATIONS EXHIBITS 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. MEMEM The property in question is located at 2835 Newland Court, and is currently the residence for the applicants. The property is zoned Residential-One (Exhibit 1, Zoning Map). The applicants and owners, Stan and Sharon Hergenreter, are requesting two separate variances with this application (Exhibit 2, Deed). Request "A" is a request for approval of a 2 1 -foot side yard setback variance resulting in a 9-foot side yard setback. Request "B" is a request for approval of a 15-foot rear yard setback variance resulting in a 15-foot rear yard setback (Exhibit 3, Letter of Request). The northwest comer of the garage will be located 15 feet from the right-of-way, however most of the western side of the gara . 11 66 �e wi be, loca ME • as originally published as a 24-foot side Yard variance, however, upon review by Staff, it was detennined that the structure would have been located within the sight distance triangle. The applicants then modified the request, resulting in a request for a 2 1 -foot side yard setback. The applicants may request a lesser variance, that is, the variance request may be gran lesser distance. , ted for a Request "A" is a request for a 21 -foot side yard setback variance from the required 30-foot sid yard setback when a acent to a public street in the • I district. • Request "B" is a request for a nn 15-f•• t rear yard setback variance from the required thirty-foot rear yard setback when adjace 11 to a public street. The property has frontage on three, streets; Newland Court, West 28"' Place a Otis Court (Exhibit 4, Site Plan). All other development standards, including maximum lot coverage and structure height, will be met. The applicant has been advised that the distance between the detached garage and the h ouse must be at least three feet, pursuant to the Uniform Building Code. The site plan shows the detached garage will be at least three feet from the existing structure. Milli a 1011101111 Kr�i #Frqa 1. Board of Adjustment WA-03-19/Hargenreter The City has received a signed petition Of support from adjacent neighbors (Exhibit 5, Petition). Ill. VARIANCE CRITERIA Staff has the f comments regarding the criteria used to evaluate a variance request, Because the requests are inter-related, they will be discussed in tandem, However, each request will separate motion. warrant a permitted to be used only under the conditions allowed by regulation for t com i I. Can the property in question yield a reasonable return in use, service or in e f which it is located? he district in Re9��r: If the requests are 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, regardless of the outcome of these variance requests, Granting of these requests will provide a level of convenience for the applicants, 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 regulation were carried out? Board of Adjustment WiL M more mature trees prevent the construction of t I he detached garage in the southwest comer of the property. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? 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 froni 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 could Potentially result in a contribution or benefit to the neighborhood by providing off-street parking for the applicants. This would also 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 Each variance will require a separate motion, RNMest 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 fallowingreasons: 4. Granting of the variance will not be detrimental to the public welfare or injurious to the surrounding area. With the following condition: I - The existing shed located near the northern property line is moved to a location on the property where it can meet all required setbacks. gN,yest B 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: Board of Adjustment WA-03-19/Hargenreter a m um FIP, 5PAMSH Asp @Ry OF 3£ Sur w AVE < : ... . �° [ �� .... . . .` FIP, 5PAMSH Asp @Ry OF 3£ Sur w AVE § � ...�. | \..�.\ � ? ME= « Q : e ... _ � . < : [ �� .... . . § � ...�. | \..�.\ � ? ME= « Q : e ... _ � . Li I S& CT �w IEW11r 1�ltLltxxth #�f et cot LOU A* ITMUS Cf C� w W EI I " I k ■ Oe,afeNfior 1,,r,200-5 Thies leff6r 1 5a 1epeef for a vdrla#ee for fltepm e of a garage 0# ov prccpe,7 � ( lbeafed at ,, 8 -, 5, 5 Ne wla#d a t We dO eof have a ,garage o, q our ffo,, I W a as we are yef) *k, f ole We WOOld 1 /fate oor velflrle side a garage . um IM rr za cr.:> c 0 I 0 0 .00 Ck CO CV rs cu d td +0 0 0' c r. il; "I C. 13 X-A k 1. Y*" 3- * >hlonla u� Ila • 7,z I c E w w - w 4-) to .5 g : E S > •� • 0 0:: er _j 0 C-) co 0 CL " 00 L- C.0 Or 4) cai 0 - U - C) • cr- c . 0 :t -0 "'ISM w C.) LLJ c ct in tZ = m a) 6 LLJ co r- I�D z CK: C) >- • . x • i- E:5 c — c 0 t;05 --4 --j cj 0 > 0 L- CL c c 0 0 40 c 4) o o c > 0 0.0 cr� C> C) f-- a. t 0 E E 0 I 0 0 .00 Ck CO CV rs cu d td +0 0 0' c r. il; "I C. 13 X-A k 1. Y*" 3- * >hlonla u� Ila • 7,z I c E w w - w -21 C) .5 g : E S > — c — 4> 4) — . 0 . , 0 0:: er _j 0 C-) co 0 CL " 00 L- C.0 Or 4) cai 0 - U - C) c 0 0 >, Cc c . 0 :t -0 "'ISM w C.) c c 1 0 , 5 c Lj- :2 uj E IV * 0 r- J.- o c ?%c C) >- . x i- E:5 c — c 0 t;05 --4 --j cj 0 > 0 L- CL c c 0 0 40 c 4) o o c > 0 0.0 cr� C> C) f-- a. t 0 E E 0 Cs E c 0 Ca V ; 0.0 C CL W 0 0 A c 0,.0 CL'o c E 0 "O wr CL > V - 0 C5 af 4 0 0 :e 2 - C 0 0 4> �, 4> L- .� 8t � � Cs wf 4> C .0., 0 c C 0 rl 0 -0-0 Mt CL 0 0 c CL Z 0 0 C E *� o Z 0 CL > 0 0 0 .0 C .0 x o = >, 0 x :Err w w - w -21 C) .5 > — c — 4> 4) — . 0 . , 0 0:: er _j 0 C-) 0 CL " 00 L- C.0 Or 4) cai 0 - U - C) j c . 0 :t -0 w C.) 1 0 , 5 c Lj- :2 uj c ?%c C) >- i- E:5 c — c 0 t;05 --4 --j cj > 0 c 4) o o c > 0 0.0 cr� C> C) f-- a. t E E 0 Cs E c 0 Ca V ; 0.0 C c E 0 "O wr o z c 0 4> 0 0 0 E- 0 0 ^ 8t � � Cs .0., 0 c C 0 wwwtit;o 0 0 c CL Z ute wi *� o Q o 0 - 0 = >, 0 x :Err 0 . 0 0 uj to 4) 01 C 4> E V) c o xj 0 WEBB= Please sign your full name address and date if you approve of our const�ructing a garage. Thank you, Stan and Sharon Hergenreter 2835 Newland Court NAME ADDRESS DATE m m 11 ������lIL� 2 840 &> > YA-5k 3 GGaG"` — "� -, ' -2.85 �l ��� -� vr� r-, �t �.f�rz a �i ti � {-`� � � Sla 3/v3 20)o - A, C-!'-r7-E Members Present: Tarn Abbott' Bob Blair Bill Echelmeyer P ILI 1 d a" vv an Bob Howard Larry Schuh Members absent: Paul lard Staff Present: Meredith Reckert Senior Planner Mike Pesicka, Planning Technician Ann Lazzeri, Secretary Board of Adjustment Page 08,128/03 the third continuance for the case and staff has advised the applicant further continuances would probably not be entertained. This case was presented by Mike Pesicka. He entered all pertinent documents into the record which were accepted by Vice Chair HOVLAND. He advised the Board there w jurisdiction to hear the case and reviewed the staff report and digital presentation. Sta recommended approval of the case for reasons outlined in the staff report. I Board Member ECHELMEYER stated that he recalled this case was presented to the Board five or six years ago. Mr. Pesicka stated that a thorough check of records indicated that this is the first such request for this property. Vice Chair HOVLAND stated that he recalled a similar case in this neighborhood. Vice Chair HOVLAND asked to hear from the applicant. Adam Orcholski Mr. Orcholski appeared on behalf of his mother, Janina Orcholski (the applicant) because she does not speak English. He was swom in by Vice Chair HOVLAND. Roger Weis Champion Contractors Mr. Weis, representing the contractor, was sworn in by Vice Chair HOVLAND. He stated that he had nothing to add to Mr. Pesicka's presentation. He submitted photos of sunrooms similar • the one planned to be built for Ms. Orcholsk In response to a question from Board Member ECHELMEYER, Mr, Orcholski stated that his mother has lived in the present location for the past ten years. He further stated that this is the only application for a variance that his mother has submitted to the city. In response to a question from Board Member BLAIR, Mr. Weis stated that the propos addition would absorb the present entryway. I Board of Adjustment Page 2 08/28/03 Board Member ABBOTT asked the reason for requesting a sunroom rather than a regular room. Mr. Weis explained that the proposed addition would be a prefabricated sunroom. Board Member SCHULZ asked if the room would be used primarily during the summer. Mr. Weis replied that the applicant could use the room year-around because full-code electric is planned to be installed which would allow the applicant to install electric baseboard heating. Board Member HOVLAND commented that be found it difficult to find a hardship in th case even in light of the house being located on a comer lot. I Upon a motion by Board Member SCHULZ and second by Board Member BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 03-17 be, and hereby is, APPROVED. U Im im Type of Variance: A 10 -foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 20-foot front yard setback to allow construction of a 10 -foot by 15-foot sunroom. For the following reasons: With the following conditions: R--2z.4 $F hWo appearance of the home and was pleased that the addition would absorb the present entryway. ago= Vice Chair HOVLAND advised the applicant that her request for variance was approved. OLD BUSINESS There was no old business to come before the Board, MinuLes of July 24, 2003 - It was moved by Board Member HOWARD and seconded by Board Member ECHELMEYER to approve the minutes of July 24, 2003 as presented. The motion passed unanimously. Board of Adjustment Page 4 08/28/03 Board Member BLAIR infom - ted the Board that he would not be present for the September meeting. In response to a question from Board Member HOVLAND, Ms. Reckert stated that two positions (planner and building inspector) will be eliminated from the Community Development Department in October. III WR 1=#J V11 I PRIMA PAUL HOVLAND, Vice Cha Board of Adjustment i Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 08/28/03