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HomeMy WebLinkAbout01/27/2000IMILIZ910 Mot N I 1X01 WMAA� MEMI= 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) A. Case No. WF-00-01: An application by Wendy Ammon for a Class 11 flood plain exception to construct a single-family residence on piers within the Flood Storage District. The property is zoned R- and located at 3365 Union Street. B. CaseNo.WA-99-28: An application by Jeff Nielsen for approval of a 10' side yard setback variance from the 15'side yard setback requirement in an R-1 zone district for the purpose of constructing a 24' x 24' detached garage on property located at 3 2 81 Routt Street. C. ' Case No. WA-00-01: An application by Jayne Armstrong for approval of a 360 sq.ft. variance from the maximum building coverage of 600 square feet for the purpose of constructing a 960 sq. ft. detached garage on vacant property zoned R-3 and located south of 7650 West 47 1h Avenue. r . D. Approval of Minutes: December 9, 1999 8. ADJOURNMENT to February 24, 2000 at 7:30 p.m. CABarbara\B0A\000127.wpd ACTION REQUESTED: Request for a Class 11 Flood Plain exception to construct a Single Family Dwelling on piers within the Flood Storage District. I 9! JIT,07 3365 Union Street Lee Storrer and Wendy (Ammon) Storr 3375 Union Street Wheat Ridge, CO 80033 • APPROXIMATE AREA: 11,720 & PRESENT ZONING: PRESENT LAND USE: • k Vacant DATE PUBLISHED: January 7, 2000 DATE POSTED: January 13, 2000 ENTER INTO RECORD: COMPREHENSIVE PLAN N CASE FILE & PACKET MATERIALS N ZONING ORDINANCE N SLIDES SUBDIVISION REGULATIONS N EXHIBITS OTHER .... ... vocri mef, ' - 5 therefore, there is jurisdiction to hear this case. FAN I. REQUEST The property in question is located at 3365 Union Street and is currently vacant. The property is zoned R- I A, Residential-One A. (Attachment 1. Zoning Map). The applicant (owner) is requesting approval of a Class 11 Flood Plain Special Exception permit (Attachment 2. Application, Attachment 3, Deed and Attachment 4. Plat). The purpose of the request is to allow for the construction of a single family dwelling on piers within the flood storage district. (Attachment 5, Site Plan and Attachment 6. Aerial with Flood Plain Delineation), Referrals were sent to Bob Goebel, Director of Public Works and Flood Plain Administrator, and to the Urban Drainage and Flood Control District. Bill DeGroot, Chief of the Flood Plain Management Program for the Urban Drainage and Flood Control District, responded with no objections as long as the proposed first floor is a minimum • one foot above the I 00-year flood plain elevation. It is the opinion of the Flood Plain Administrator that the piers are the same as bridge piers within a stream and that they need to • designed with the same considerations. As required by the Public Works Department, the structural, design of the piers must include an analysis of flows around the base of the piers. The design requirements will be sent from Public Works to the Building Department and made part of the building permit. The property in question is zoned Residential-One A and the proposed use of the property for a single family dwelling is a pertnitted principal use in that district. The lot is • sufficient size for the district in that it exceeds the minimum requirements for lot area and width. The property is located within a single family residential area. Therefore, the proposed use is compatible with the surrounding neighborhood. The use is also in conformance with the City's Comprehensive Plan. Board of Adjustment Page 2 WF-99-01 /Storrer Board of Adjustment Page 3 WF- 99- 0 ItStorrer )q-3 llff!lp-lliam� Applicant L- F Z. rn t=— .-),t-P -4 1,o3 -2::�,e> - Owner— Address i rn hone City Location of request (address) Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance / Waiver Site development plan approval Nonconforming use change Special Use Permit Flood plain special exception Conditional Use Permit J Interpretation of Code Temporary Use, Buildings, Signs Lot line Adjustment Minor Subdivision (5 lots or less) Planned Building Group Subdivision (More than 5 lots) E] Street Vacation E Preliminary [:] Final F Other: a — / -." -1 . 14 I..0 ""* " .. 0""*" RECEPTION 14. F1003075 111112000 13139141 PGt 001-001 PAGE FEES S.00 OCC.FtEt 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO ravi —FT= 114r I StAnOFCOLOSAW C-104, ":�X"tmorj 1w by Tl - 7 4 * d*yot ws " + " �. A X•# ��,�,�.... w.F it " «� . P«-n� . .. " ✓ y 4 » P'w ♦r t°i' ' , l \ s b , ` r t. � . a' y b� W x �w1 { " ». t tiP # *V xr• M , jL �. I S� ,.r •k�+fg. r� # tea rt,. � • •k ' + k t, . ,, .. ,rt .-.,,. � ! . ; « { .. � e - ... a 1 � ", .... r��±..+ t ,. 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ATTACHMENT 4 a -� 7500 WEST 29TH AVENUE WHEAT RIDGE, :• December 6, 1999 Douglas Flow s •• • O Box Lakewood, Colorado M Re: Lee Storrer Prope Lena Gulch at Union Street / North ae r s .r w Of he structural adeQuacy Several conditions must be placed on this approval to ensure their structural and hydrodynamic capability and long term durability. Actual construction and permit approval is subject to the conditions listed below. Page 2 Mr, Trieste Flow Technologies facilitate debris break-up. The possible installation • shear piers upstream • the proposed structure to facilitate debris break-up in advance of the structure. ii` z 0 ut n The base flood elevation for this analysis is the highest water surface elevation at the west end ♦ the site. . Based on your cross section data, this shall be 5446.41 feet above sea level. Therefore, the lowest point of the structure above these piers and supported by these piers shall be at least one foot above this elevation which is 5447.41 feet above sea level. During construction, this elevation must be verified and the same datum used. Prior to issuance ofthe Certificate of Occupancy, you must submit to me an Elevation Certificate stamped by a Professional Land Surveyor licensed in the State of Colorado. If an adjustment in datum must be made, the backup information and analysis must be submitted prior to approval and issuance of the Building Permit. If you have any questions, please feel free to call me at 303-235-2860. Very truly yours, SX- •obert Goebel, P.E. Director of Public Works c: Darin Morgan, Codes Administrator Meredith Reckert, Senior Planner '1111 1 i IONIC,! ;1 2 l��llt i ACTION REQUESTED: Request for a 10' side yard setback variance from the 15' side yard setback requirement in an R - zone for the purpose of constructing a detached garage, 3281 Routt Street Jeff Nielsen 3281 Routt Street Wheat Ridge, CO 80033 r # APPROXIMATE AREA: 17,574 ft. PRESENT LAND USE: 0 • • • # fiv.&A COMPREHENSIVE PLAN FOR THE AREA: Single Family Residential (4 dins per acre) DATE PUBLISHED: January 7, 2000 DATE POSTED: January 13, 2000 I � iliii ilil ENTER INTO RECORD: N COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) SLIDES SUBDIVISION REGULATIONS N 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, M I. REQUEST The property in question is located at 3281 Routt Street and is currently being used for single f"amily residential. The property is zoned R•1, Residential-One. (Attachment 1. Zoning Map). The applicant (owner) is requesting approval ot a T side yara se 11VIII UIC setback requirement in the Residential-One zoning district. (Anachment- Application and7 3 Attachment 3, Deed). The purpose of the variance request is to allow for the construction of a detached garage. (Attachment 4, Survey and Attachment 5, Site Plan). IL SITE PLAN I (Attactimeff He nas also suormuck a reasons for the requested variance (Attachment 6, Applicant Letter). It is the desire of the applicant to locate the detached garage so as to avoid features shown on the site plan. One of the features is a 7" caliper tree. The tree depicted • the site plan is not present on the City's aerial photography taken in the Spring of 1996. Therefore, it has been planted in the past few years. It is not known when the tree was planted or if the tree was planted by the present homeowner. in addition to the physical teatures, the applicant states YuTTner reasons, in variance. These include aesthetic reasons, a desire to maintain a straight driveway, and to minimize unusable space on the north side of the garage. The initial site plan submitted by the applicant contained signatures of four adjacent property owners k* c 4 wquest of staffAhg--aWlicant mu"w4&,w submitted a revised site plan showing the physical features cited in the applicants letter of request (tree location, water table notes, and proposed elevation), Staff has retained the initial site plan with the adjacent property owner signatures for the case file. • I 111 I I IIIIIIIIII! �� I I �11� III p E Board of Adjustment Page 2 WA-99-28/Nielson Ill. VARIANCE CRITERIA 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 for the district in which it is located? Yes. If the request is denied, the property may yield a reasonable return in service and income. The size and shape of the lot does allow for construction of a detached garage which could comply with the required setbacks. 2. Is the plight of the owner due to unique circumstances? No. There are no' unique circumstances attributed to this property. At 17,574 sq. ft,, the size of the parcel is approximately 5,000 sq. ft. larger than the minimum lot area for the R- I district of 12,500 sq. ft. There is adequate room on the site for locating the garage to avoid the physical features indicated on the site plan (tree and water table) and still meet the required setbacks. 3. If the variation were granted, would it alter the essential character of the locality? 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. Other property owners in the same zoning classification may request the same type • 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? No. Although there are no other side yard encroachments in the neighborhood, approval of this variance should not be detrimental to the public's welfare. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Yes. The requested variance, if approved, would permit the detached garage to be located 5' from the north (side) property line instead of the required 15. This shortened separation from the adjacent property could potentially impact the amount of light and air to the adjacent property. I vi. STAFF CONCLUSIONS AND RECOMMENDATIO1 Board of Adjustment Page 5 WA-99-28/Nielson '7 I M�l ■ l �! �JI MV VEVS - 235 - Lu�s� F_-1 _.��. Li Li ..... ..... WOOL 'is iiFIC)a inu unun ot m th CY CY 4; YC tx m z W 451 CD UR m 0 CL CY CY 4; YC tx m z W 451 CD UR m C'ZZ 4 . w k Em J 1 0 c ZZ 0 �2 " ZS OE2 o l v 4 c, o"o z An p O Yk r z 0 u I • M Lo Ek Ul V, i5 w z 0 0 og CLw Z ,a Z C> Ck w t? Q 41 UD CL 10 I W 0 ar vlol wt: 0 Cy z w 0 2 0�w 0 0 - ids C8 Y„ Cr i 3 C 0 0 "Aa (MW tg,:, P � A& Z-10 AT i sk%wnMENT %Lnu unun ot 0 w k Em J 1 0 c ZZ 0 �2 " ZS OE2 o l v 4 c, o"o z An p O Yk r z 0 u I • M Lo Ek Ul V, i5 w z 0 0 og CLw Z ,a Z C> Ck w t? Q 41 UD CL 10 I W 0 ar vlol wt: 0 Cy z w 0 2 0�w 0 0 - ids C8 Y„ Cr i 3 C 0 0 "Aa (MW tg,:, P � A& Z-10 AT i sk%wnMENT %Lnu unun ot Em J 1 0 c ZZ 0 �2 " ZS OE2 o l v 4 c, o"o z An p O Yk r z 0 u I • M Lo Ek Ul V, i5 w z 0 0 og CLw Z ,a Z C> Ck w t? Q 41 UD CL 10 I W 0 ar vlol wt: 0 Cy z w 0 2 0�w 0 0 - ids C8 Y„ Cr i 3 C 0 0 "Aa (MW tg,:, P � A& Z-10 AT i sk%wnMENT %Lnu unun ot p O Yk r z 0 u I • M Lo Ek Ul V, i5 w z 0 0 og CLw Z ,a Z C> Ck w t? Q 41 UD CL 10 I W 0 ar vlol wt: 0 Cy z w 0 2 0�w 0 0 - ids C8 Y„ Cr i 3 C 0 0 "Aa (MW tg,:, P � A& Z-10 AT i sk%wnMENT %Lnu unun ot � A& Z-10 AT i sk%wnMENT %Lnu unun ot December 21, 1999 City of Wheat Ridge Dent. ♦ Plarmin2 and Devel2a M I am requesting a side set back variance for a proposed detached garage. I am planning to build a 24' x 24' detached single story garage with one two car garage door and one man door with a hip roof. The exterior will be brick on the front to match the house and siding on the remaining sides, also to match the house. Refer to the attached site plan (to scale) of the proposed location on my lot. Reasons for the variance request are as follows: 1. 1 want to keep the structure on the "higher" and thus drier part of my lot and away from the wet area where the water table is within 12" of the surface for approx. 8 months of the year (Spring, Summer and Fall). 2. 1 want to keep the garage in the corner of the lot for aesthetic reasons, to maintain an "open" feel and keep as large of a usable backyard as possible. 3. 1 do not want to destroy or relocate an existing 7" trunk diameter hardwood tree. 4. 1 want to maintain as straight a driveway as possible from along the side of the house directly into the garage for ease of backing in trailers (camping and snowmobile trailers). 5. 1 want to minimize the "wasted" or unusable space on the north side of the garag] Due to the utility easement on the west side I cannot avoid 10 feet of unusable spac on the one side. I have spoken to all of my adjacent neighbors who are listed on the site plan and none of them have any objections with the garage being 5 ft. from the side property line. If you have questions ♦ need additional information please let me know. Jeff Nielsen 3281 Routt St. Wheat Ridge CO 80033 303-239-6506 CASE NO.&NAME: WA -00 -0I /Armstrong CASE MANAGER: Mary Austin ACTION REQUESTED: Request for a 360 sq. ft. variance from the detached garage maximum building z ' coverage of 600 sq. ft., for the purpose of constructing a 960 sq. ft. deta ched Garage, I I I Emma I F • -x411 Jayne Armstrong 7650 West 47 Ave. Wheat Ridike, CO 80033 1. APPROXIMATE AREA: 19,826 ft.' PRESENT ZONING: • Residential-Three h!: Single Family Residential, E: Two-Family Residential S: Clinic, and W: Vacant DATE PUBLISHED: January 7, 2000 DATE POSTED: January 13, 2000 DATED LEGAL NOTICES SENT: January 7, 2000 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) SLIDES SUBDIVISION REGULATIONS (X) 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, I. REQUEST The property in question is located south of 7650 West 47" Avenue and is currently vacant. The property is zoned R-3. Residential-Three. (Attachment 1 1 . Zoning Map). The property is land-locked since it has no frontage on or access to a public street. Pursuant to Section 26-16 (F), of the Wheat Ridge Code of Laws, in the Residential -Three zoning district, detached garages are subject to a maximum building coverage of 600 sq. ft. per unit. Staff has received no objection to or public comment regarding this variance request thus far. 11. SITE PLAN The applicant is a classic car collector and plans to use the detached garage for storage of personal vehicles. The building will not be utilized for commercial storage. With the R-3 zoning on the site, commercial uses are not permitted. The applicant has submitted a site plan (Attachment 5) showing the proposed location • the detached garage and its relationship to the applicant's adjoining parcel and home. The shorter side of the garage (24) will face towards 47 1h Ave. with the entry doors • the longer side (40) facing east. The applicant has also submitted an elevation of the planned building (Attachment 6). P eppro o tmem ot tnis tana-MCKM VUCUIlt PHFI - Icl, It 1 3 TMOT111117771ation if parcels be considered as a condition if the Board finds the.variance request to be agreeable. WA -00 -0I I Armstrong Page 2 Board of Adjustment Ill. VARIANCE CRITERIA 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 for the district in which it is located? 2. Is the plight of the owner due to unique circumstances? M Tmcy ur a vacant ple METZ Tor mu 1- arm y use wittiout access to a public street. These circumstances are unique to this property. 3. If the variation were granted, would it alter the essential character of the locality? No. Much of the surrounding neighborhood is currently developed with single family uses on R-2 zoning. The maximum building coverage for a detached garage in the R-2 zone is 1,000 sq. ft. per unit. Therefore, the proposed size of the detached garage at 960 sq, ft, would be compatible. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? Yes. The property has no adjacent vacant parcel which has access to a public street. All surrounding property which has street access is currently developed. The physical gldri-fig *t1camoam capokkv-hwr parcel with one • the surrounding properties. The fact that the property has no access has resulted in a unique and particular hardship for the property. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. Other property owners in the same zoning classification may request the same type of variance. Each application is reviewed on a case-by-case basis and evaluated based on the circumstances pertaining to each request, thereby changing the outcome for each case. WA-00-0 I / Armstrong Page 3 Board of Adjustment mrlrd� P�F� 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property No. The request is based on the desire to construct a detached garage as an accessory use to a single family residence, for the purpose of storing personal vehicles. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property RMM d 1 16 , 11sa- 11 1 - 7 rMVM property. I ne irticulty involving Eric prupcuty ZZURMFOF I all 1r=11b M, family use with no public access. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? No. The request of the maximum building coverage variance ' will o o nly effect the physical size f the structure. All other setback and height requirements will be complied with. Approval of the request should not be injurious to the public's welfare or to other improvements in the area. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. No. If the request is approved, it will not adversely affect the neighborhood, increase traffic congestion or endanger public safety. person. V1. STAFF CONCLUSIONS AND RECOMMENDATION With the following condition: 7TITIM-Yr., - 0,07CWH AiVTTV,-P--777MT=,f the property owned by the applicant at 7650 W 47' Ave. prior to issuance of a building pennit. WA-00-0 I /Armstrong Page 5 Board of Adjustment W 46114 AVE .� .. xr OFFICIA 100 — YFAQ FLOOD PLAIN 23 ZO N I NG (APPROXIMATF LOCATION) I 1 .,� . — ZONE D1511ZICT BOUNMY H E AF I I PAR /LOT 50UNM /'' "^ j"" /� } "' (" ( 1CNA Qttl r2 1p) s� �+ an aar soo ,ar Z.ALE V-400 WATSQ FEATURE MAP TEI : Juno 15, 19q4 • DENOTE5 MULTIPLE A 5 Lent Re ` ' ' July 15, 1 ;Please print or type all information' A 6 dress Ad Applicant • 7650 Phone 6 C'J - city 14 Owner 1*7 ) 1 ( 1 AeA ��� Address r Phone City � M Type of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions Variance / Waiver Site development plan approval Nonconforming use change Special Use Permit Flood plain special exception Conditional Use Permit interpretation of Code Temporary Use, Buildings, Signs Lot line Adjustment Minor Subdivision (5 lots or less) Planned Building Group Subdivision (.Fiore than 5 lots) Street Vacation L-1 Preliminary Ej Final, L Other: U Fill out the following. information to the best of your knowledge. Current Zoning: Q Size • Lot (acres ♦ square footage): Current use: YA6Airr received Receipt No.- Case No. Related Case No. Zoning Quarter Section Map N GJ ' a - z, 31� �VA R It A N IN P 1: E D E. SMI MARTM 4 { latkY +'r:irtter, - +; Colorado Ulf" 1 1135 Robb S t ree Whra% R Hc �, � � �S 'f `tetitotc tar �C�If*:`C tJ;Y `:i:rrt• + +r rtiousanj and t;o !00 ($19,000m) :,ml vwtvryfMr 1•t 47t, and Wads LLC do 4;Ifmz I'v "t.er. awl mnitb'rf It X635 1 Wads%ort i Boul eva rd in rea vacant land) ivith all it% :Ippulrr wvm m.1 1rm"Iaf;1;j Ow link I,, Ile- -4tmr, 1 1 qt nor a I ti xes for 1993 and follo years; covenants, easew nf.s and restrictions of record, if tmv. 30 th &w t 4 Atiqust !:tAIV Z IV ('01,0RAP(t, M 16LIt Street, 9, 101 0 , 0, 80202 r�`ttitPir'1`iff Jefferson � p.. �s�,w Color cit ,,, "'I'MOV-4 Vollw"r ado I'V E. Sar Fiirllin MY jeffcl- Ili ji Z;Z: tt -IV Oli "t"' . I SEE ATTACHED EXINPIT do 4;Ifmz I'v "t.er. awl mnitb'rf It X635 1 Wads%ort i Boul eva rd in rea vacant land) ivith all it% :Ippulrr wvm m.1 1rm"Iaf;1;j Ow link I,, Ile- -4tmr, 1 1 qt nor a I ti xes for 1993 and follo years; covenants, easew nf.s and restrictions of record, if tmv. 30 th &w t 4 Atiqust !:tAIV Z IV ('01,0RAP(t, r�`ttitPir'1`iff Jefferson � p.. I'V E. Sar Fiirllin MY -A Z;Z: tt -IV Oli . I kk P k i s. e EXHIBI!7 "An The North 82.61 'feet of Lot 10, Block 2. HILLCREST HEICRTS, EXCE-ErT, the East 170 feet thereof, and EXCEPT the West 65 feet thereof, subject to the follow-inc: 1. An easenent and right-of-way over, across, and through the West 25 feet of tne*North 82.61 feet of the East 335 feet of saie Lot 10, Bloc'4 -­ as a driveway and passacowzty for vehicular and pedestrian traff..c for the purposes of ingress anti ecress from and to 11es= 4 Avenue to and fron the above-dnscribod parc-el of land: 2. S to a perpetual easement recorded at Reception No. 83107607 sc lona as used for the purpose of an underground drainage Way for storm water run-off and subject tr) utilization of the underground drainage Facilities by grantor and his assigns on along, over, and across the North 6 feet of the West So feet of the north 82.61 feet cf Lot 10, Block 2, HILLCREST HEIGHTS, SXC the East 1 feet thereof, and EXCEPT the West 65 feet thereof; i. Svbject to a perpetual eassnent recorded at Reception No. S3107608 so long as used for the purposes of an underground drainage way for store water run-off and subject - co , utilization of the underground drainage facilities by grantor and his assigns on, along, over, and across the North 6 feet and the South 6 feet and the west 6 feet of that part of they West 65 feet of Lot 10, SlocX 2, HILLCREST HEIGHTS, lying vithir 1 ,;!ie South one-half of the southeast one-quarter of the Northeast one-qunr of the Northwest one-quarter of Section 23, Township 3 South, Rance 69 west, of the 6th p.m., EXCEPT the South 180 feet of the West 65 feet of said Let 10, County of Jefferson, State of Cclorz.do r.lsc Rnown as 4685 Wadsworth Boulevard (Rei,r) I NM Y { °�I#'IF ♦}. Y }wYr «..Y} M4 ♦'rl } M ♦'Yr w !� tY� +`•+# # l! ^I # MX�'w i i..�. 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At n, PLAxwtwt G'aalal t9stap rots a Oa r AfArCto A, r ` ` r + wT TawL fSOAAO Or CPld CAYlw +ss,art ws r +a €rrrrsor {rOUxr7; COxarAOO rwr� ,(" ! ywAr r AfAwrw, PA014 ""pf r �SucxrrAwr • .. 7 .L^G..^::..:,. ....,...,. GwA,ralAw. 4::� Acarrr /'44,wA wi rwr rrtrt Or rot rxrAr .Mn�. retarOrr r Jrrrtrs #M Gtworr' CAC •wAPa rMrt Awr Ar NAACP A.R J1+cfi- ... S 1fL _ �'i• eN wwO RttPnPta. t. i - -- n w ✓rwor Fir t`rx"t r r lrcrrao tl +rr rot A » i:wr >'r.aar.4 `, .{ r A . ♦ A N " m I i I - = C " L E Minutes of Meeting December 9, 1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 pm. on December 9, 1999 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Members Absent: Susan Junker Staff Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Mary Austin, Planner Ann Lazzeri, Secretary The following is the official set • Board of Adjustment minutes for the Public Hearing of December • 1999. A set • these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City • Wheat Ridge, 3. APPROVE THE ORDER OF THE AGENDA Alan White reminded the Board that it is time for election of officers to take place. It was the consensus of the Board to postpone the election to a later date. 910010i r� There was no one signed up to speak. 6��Uff A. Case No. WA An application submitted by Jim Pieters for a 10.6 side yard setback variance from the 30' side yard setback requirement along Owens Street reducing the setback • 19.4' allowing for a 4-unit town home for property zoned Residential- Three and located at 10960 West 45th Avenue. Following brief discussion, the applicant appeared before the Board. Jim Pieters 9741 Newton Street, Westminster Mr. Pieters was sworn by Chair HOWARD. Lipon the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-27 is an appeal to this Board from the decision of an administrative officer; and the fifteen da -• �redby law, and in recognition that there were no protests registered against it; and Whereas, the reliel app ie • or may •e gran I • and purpose • the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99- 27 be, and hereby is approved. Typeoffariance: A I 0-foot, 6- inch side yard setback variance ftoin the 3 0-foot si yard setback requirement when adjacent to a street producing the setback along the eastern sideof the property to 19 feet, 4 inches, allowing for a 4-unit town home. I Board of Adjustment Page 2 December 9, 1999 For the following reasons: Because of the way in which Owens Street was vacated, an irTegular shaped lot was created. By retaining the southern 40 feet of Owens Street as a tum-around for emergency vehicles, a situation of two different setback requirements along the eastern property line has resulted. In the absence of this anomalous remainder of Owens Street, no variance would be required for the design as submitted. 2. Since the small part of Owens Street right-of-way is not used as a public roadway but only functions as a turn-around space for emergency vehicles, approval of this request would not be detrimental to the public welfare. With the following condition: This variance shall apply only to the design as presented to the Board at the December 9, 1999 meeting no extension of approved variance), ��i � I V IN N 1 0 1 1 1 I li 1 11 1 � I I Ig mmmuffimsm= 1 1 1 0 Jill 1 1111111 1 I Will 1 11111 �Jplll!1111111 I liq 11111 11 , Jill li� 1101111RIN B. Case No. TUP-99-05: An application submitted by Medved Chevrolet for approval of temporary storage and parking of vehicles with a temporary testing/demonstration area for vehicles being sold at the Medved Autoplex for property zoned Commercial-One and Agricultural-One and located at 4950 Parfet. Board of Adjustment Page 3 December 9, 1999 Board Member ECHELMEYER expressed concern that the proposed plan would be in opposition to previous Council direction that this area not become a "West Colfax" in regard to the standard for separation of adjacent car lots. Board Member BROWN stated that she would prefer the proposed area be used only for storage of new cars which would have less chance of leaking oil. She also felt that even if such a condition were imposed, it would be extremely difficult to monitor. Board Member MAURO expressed concern about parking cars on dry grass which could constitute a fire hazard. Meredith Reckert stated that the Arvada Fire Department did not have a concern with the situation. Board Member HOWARD asked if the Army Corps of Engineers had determined that this area is not a wetlands area. Ms. Reckert replied that the Corps of Engineers had not been involved t6this point. Mr. Polk did not feel the city should act as an intermediary for ditch companies who no longer use their lateral ditches but complain when someone wants to pipe them. He asked the Board to divide the parking issue from the test track issue. In conclusion, he stated that this was not a land use issue, but an entitlement issue and requested approval of the Board Member BROWN asked about the surfAce of the storage area. Mr. Polk said they would put down crushed gravel. In response to her questions about possible wetlands, Board of Adjustment Page 4 December 9, 1999 Mr. Polk stated that a Phase I and Phase 11 environmental impact studies have been done which has assured the applicant that there are no designated wetlands in this area. SZ11700 Iff their new building is constructed. She also asked how many cars would be stored in this area. Mr. Polk estimated approximately 900 vehicles would be kept there. John Medved 1334 Grapevine Road, Golden Mr. Medved was sworn by Chair HOWARD. He stated that he has tried to be a good neighbor in Wheat Ridge for twelve years. He also noted that every time the dealership secures a mortgage, the lender requires environmental impact studies to be completed In response to a question from Board Member BROWN, Mr. Medved stated there would probably be 300 to 450 cars stored in the area • which 70% would be new vehicles. He inventory storage. Board Member ABBOTT expressed concern about the scope of the request which involves eleven acres and indicted that he would like to see more documentation regarding this project before any decision is made. TUP application. Board Member BROWN expressed concern with any development such as placing crushed rock on a temporary use permit. She felt that vehicle demonstration would ha to be restricted because of the ditches and soil erosion. She would only be comfortable with new cars being parked above the ditch. I John Medved stated that he would be agreeable to parking only new car inventory in the area and that he only needs the TUP for a year, Inresponse to questions from Chair HOWARD, Mr. Polk said there is no site plal .ieveloped at this time, but architects and designers are working on it. Chuck Steismeier 4996 Parfet Mr. Steismeier was swom by Chair HOWARD. He stated his opposition to the Board of Adjustment Page 5 December 9, 1999 car storage area. He was also concerned with environmental issues associated with the project. He also stated that the residential structure has never been used for an office. He expressed concern about the test track going through ditches on the property which results in muddy water coming to his property. ECHELMEYER expressed concern that a TUP would probably have to be extended for more than a year and stated that he would also prefer to see a more complete plan before any decisions are made. Board member THIESSEN expressed concern regarding the intent of the code which prohibits car dealers from building next to each other. She also felt there was not sufficient documentation regarding possible impacts. M07-77 MOMM ECHELMEYER, the following resolution was stated: III I II I I !III III III III I I! I III I Ip I I I III Ip I! 11 I !I I II I'! I I I I 1 11 1 3MUM Whereas, Board of Adjustment Application Case No. TUP-99-05 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there was a protest registered against it; and In 4111 6 6 0 14 lit 05 be, and hereby is, denied. For the following reasons: I Staff report has indicated that the Wheat Ridge economic development specialist has commented that the vehicle testing area would not benefit the city either visually • economically. This individual does not support the use of the south half of the property as a testing area. 2. Staff concludes that since the site plan requirement was placed ♦ the rezoning approval, I granting of the temporary use may circumvent the authority of the Planning Commission and City Council." Board of Adjustment Page 6 December 9, 1999 The motion passed by a vote • 6-1 with and Chair HOWARD voting no and Board Member JUNKER absent. 177731 cant MY nis reqtTes or a 7 777plTary 101777== I been denied. ill 1 I' iiiiii i Fill Illifflill llp� 111 miillilli 11 C. Case No. TUP-"-06: An application submitted by John Elway Auto Nation for an extension • TUP-98-08 allowing for employee and service vehicle parking on the south side of the current Friendly Ford facility zoned PCD and located at 3601 Wadsworth Boulevard. This case was presented by Alan White. He reviewed the staff report, presented overheads of the subject property and answered the criteria involved in granting a temporary use permit. All pertinent documents were entered into the record. He advised that all notification and Liosting re had been met and the Board had urisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. Board Member HOVLAND asked if it were realistic to believe this would be the last reRuest for a temporary use permit. Mr. White replied that he was convinced this would be the last request because it is planned to get approval for a planned commercial development for this area from City Council during the next year. Board of Adjustment Page 7 December 9, 1999 Whereas, Board of Adjustment Application Case No. TUP 99-06 is an appeal to this Board from the decision of an administrative officer; and IL= # I i i i I # IWIltmetswi ereas, T e re IFY apprYM7 =ray - ne grevit 17 U. and without substantially impairing the intent and purpose of the regulations govemi the City of Wheat Ridge. I Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-99- 06 be, and hereby is, approved. Type of Temporary Use Permit: To allow set-vice vehicle and employee parking in t zone. Board of Adjustment Page 9 8 December 9, 1999 For the Following Reasons: The applicant has complied with all condition established in the resolution of the the city as follows: a) An erosion plan is in place. Drainage control, lighting plan and ground cover has occurred and other considerations as presented by the planning administrator to the Board of Adjustment. b) The additional parking has minimized parking congestion along Yukon Court. The gate requested as a consideration of the original temporary use permit has been installed to limit Yukon Court access to emergency access - only. Access to the parking lot is from a point internal to the Elway Ford site thereby reducing traffic expansion in scope from the previous temporary use permit is being requested. 3. The request meets the requirements set forth in established criteria for temporary use permits. 4. No significant public safety issues have occurred as a result of this temporary use permit. With the Following Conditions: I Issuance of the temporary use permit shall be for one year or until a Council decision is reached on the PCD application, whichever occurs first. 2. All conditions imposed on the 1998 application shall remain in effect. . ## �1111111111 'pqli '11pill I I i ip ; i Board of Adjustment Page 9 December 9, 1999 6. OLD BUSINESS There was no old business to come before the Board. 5 A. Approval of Minutes It was moved by Board member Hovland and seconded by Board Member ABBOTT to approve the minutes of October 28, 1999 as presented. The motion carried by a vote of 7-0 with Board Member JLNKER absent. BOB HOWARD, Chairman Ann Lazzeri, Secretary Board • Adjustment Board of Adjustment Board of Adjustment Page 10 December 9, 1999