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Home My WebLink About08/26/2004CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA August 26, 2004 Fr6MWT7#ViTTMt Toaru of Adjustment on August 26,2004, at 7:i p.m., in the City Council Chambers of the Municipal Building, 7500 W. 29th Avenue, Wheat Ridge, Colorado. NINNEX0 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) I�WKIIMG A. Case No. WA-04-04: An application filed by Manuel & Heidi Mardi for approval of a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for property zoned Residential-One A (R- I A) and located at 2900 Webster Street. • A. Approval of minutes — July 22, 2004 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment CASE MANAGER: Jeff Hirt CASE NO. & NAME WA-04-04/Marfil DATE OF MEETING: August 26,2004 ACTION REQUESTED: Approval of a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for property zoned Residential-One A (R-IA). LOCATION OF REQUEST: 2900 Webster APPROXIMATE AREA: 11,335 square, feet (26 acres) PRESENT ZONING: Residential-One A (R-IA) COMPREHENSIVE PLAN: Single Family Detached Residential (Not to exceed 4 du's per acre) ENTER INTO RECORD: COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION SUBDIVISION REGULATIONS Location Map A um 12E Board of Adjustment Case WA-04-04/Marfi1 UJ Lli R-1A Z < > R•2 A um 12E Board of Adjustment Case WA-04-04/Marfi1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The property in question is located at 2900 Webster and has Residential-One A (R-IA) zoning, There is a single-family dwelling on the property that was originally constructed in 1954. There is no covered parking or carport that can be used on the property now. The existing garage is utilized as garage space, however it is too small for the property owner's vehicle to fit into. Part of the proposed remodeling and additions to the house show the existing garage space as being office space and a laundry room. The applicant, Manuel and Heidi Marfil, request approval of a 3 foot front yard setback variance from the 30 foot front yard setback requirement resulting in a 27 foot front yard setback for the purpose of constructing an attached garage (See Exhibit 1, Application, Exhibit 2, Site Plan). The applicant and contractor have expressed that there are no other feasible alternatives for placement of the garage, and that the garage would accommodate an individual with a disability (Exhibit 3, Letter of Request, Exhibit 4, Applicant Letter). 11. SITE PLAN The property is 11,335 square feet, or .26 acres. The property measures 115.25 feet wide along Webster Street with a depth of 98.35 feet along 29 Avenue (See Exhibit 5, Improvement Location Certificate), WPM The majority ot tne nornes nave attached garages, some one car ant some - tTIV77ar g7r7gE4, pi VIn;1 u include single-family dwellings to the north, west and east, as well as a city park to the south across 29 th Avenue. There do not appear to be any front yard setback encroachments in the surrounding area, and no comparable variances have been granted for properties in the surrounding area either. I Board of Adjustment 2 Case WA-04-(l4 /Marfil 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? If the request is denied, the property may still receive a reasonable return in use. The property may still be used as a single-family residence without the need for any variances. 2. If the variance were granted, would it alter the essential character of the locality? The request would have a minimal effect on the essential character of the locality. The requested variance of 3 feet is small enough to where the size of the structure would not have a negative impact on the area. The applicant has expressed intent to construct the garage to be consistent with the neighborhood (See Exhibit 4, Applicant Letter). 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? Approval of the variance would not be detrimental to the public welfare or injurious to other property in the area. There may be a slight decrease in the supply of light and air as the proposed attached garage will add mass onto the house. However, the addition of an attached garage will eliminate the necessity for the property owners to park their vehicle in the driveway and/or the street. endanger the public safety, Property values should not be impacted as a result of this request. Board of Adjustment 3 Case WA-04-04 /Marfil 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 request would not result in a substantial benefit or contribution to the neighborhood distinguished from an individual benefit on the part of the applicant. A slight benefit to the neighborhood may occur with the likely elimination of a vehicle or vehicles parked in the driveway and/or street. Granting of the variance would result in a reasonable accommodation of a person with disabilities. One of the property owners is disabled (blind), Constructing the garage where proposed would allow the disabled individual direct access into the house without having to walk outside to enter the house from the vehicle. The applicant has stated that this is difficult for the disabled individual particularly in adverse weather conditions. Upon review ot Me anove request, sta Staff has found that there are unique circumstances attributed to these requests that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: With the following condition: 1. The materials of the proposed attached garage shall be consistent with the existing house and surrounding area. Board of Adjustment 4 Case WA-04-04/Marfil td F7 29th AVEI . Trades Services .:, .w ! :: : .,, .. 1 r► m ent rtrnent City of Wheat Ridge West 2e. Ave. Ridge, Wheat CO. 80033 Community Development Dept. City of Wheatrid ,e Dar Sir or dram; Sincerely Manuel and f lei di fi I L'WA wwm� Se I 0 — — — — — — — — — — — — — — — — — — — — — — — TMs r OD 0-0 0) kf EXHIBIT 6 zee7 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting July 22, 2004 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BLAIR at 7:30 p.m. in the Coun Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridg Colorado. I MIR*= 3. PUBLIC FORUM No one indicated a desire to speak at this time. A. Case No. WA An application filed by Jefferson County Housing Authority for approval of a waiver of Section 26-502.E. I (landscaping buffering for parking lots), specifically the requirement of a six-foot-high view-RR scuring fence on property zoned Commercial-One (C- 1) and located at 74• 0 West 45 Avenue. gi� gliq III Will Board of Adjustment 07/22/04 and reviewed the staff report and digital presentation. Staff recommended approval of the variance for reasons outlined in the staff report. Waiving the requirement for a 6-foot view-obscuring fence would allow views into the adjacent Apel Bacher Park as well as allow pedestrian access into the park from the applicant's parking lot. The applicant has offered to allow use of mm_�Lv -i�t o a alsllow L the nearby church to use the lot for overflow parking • Sundays. In response to a question from Board Member BLAIR concerning access to the park, Mr. Crane stated that low growing shrubs planned for the six-foot landscape buffer would allow spaces for pedestrian access through the buffer into the park. Board Member ABBOTT suggested that a formal sidewalk be installed for pedestrian access. [MORIMSMIQ Board Member HOVLAND commended the applicant for offering parking for construction of a sidewalk. _0177A #7WJ4 the building would house fifteen employees. In response to a question from Board Member DRDA, Mr. Feinstein stated that E'#estrian access. T117 111011117111!� - other matters in this case and she did not believe such a condition should be placed on the applicant. Board of Adjustment -2- 0712 /Q4 Board Member D stated that he would favor Board Member ABBOTT's suggestion for a condition in order to provide perpetuity as long as the Jefferson County Housing Authority is in this location. S IIIIII I f 'oes noT invo access to the park, but only whether or not the fence requirement should be waived. I There was no response. Upon a motion by Board Member BELL and second by Board Member HOVLAND the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and rim Nn =1 fir =#7 Whereas, the property has been posted the fifteen days required by law, and in recognition that there were no protests registered against it; and 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 Ad[iustment All", No. WA-04-05 be and hereby is approved. Type of Variance: Waiver of Section 26-502.E.1 (landscaping buffering for parking lots), specifically the requirement of a six-foot-high view-obscuring fence on the east property line of property zoned Commercial-One (C-1) and located at 7490 West 45 Avenue. For the following reasons: Board of Adjustment - 3 - 07/22/04 l�ililill!lllll IN 1111 Of IN No I Ok 3 1 , 1 9TIrs go I i RKIM, (Chair BLAIR declared a brief recess at 8:25 p.m. The meeting was reconvened at 8:30 P.M.) R. Case No. WA-04-06: An application filed by Joe Stout for approval of 23 1/2 foot side yard setback variance from the 30 foot side yard setbac requirement when adjacent to a public street resulting in a 6 1/2 foot sidli yard setback for property zoned Residential-Two (R-2) and located at 6400 West 46 Avenue. The case was presented by Jeff Hirt, He advised the Board there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. Staff recornmended approval of the variance for reasons outlined in the staff report. with other homes in the area and would, in fact, be amn i ment since the garage is planned to be set back a way from the comer. R .017 rxm�Tfflm over the 6-foot fences placed very close to the street in the area. RIM, There was no response. Board Member DRDA commented that there are other locations on the property to build a garage without the need for variance. He stated that he could not find a hardship in this case. Board of Adjustment -4- 07/22/04 Board Member ABBOTT agreed that a hardship a present, although agreed that the application would be in character with the neighborhood. I Iffint 11"" gruitoc, it vITTLID ve NEUES37. piaix rus on inc ITTINFrve and move, Uv,on a motion b_-,i Board Member DRDA and HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and . I . I Type of Variance: A 231/2 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 6 1/2 foot side yard setback for property zoned Residential-Two (R-2) and located at 6400 West 46 Avenue. Board of Adjustment -5- 07/22/04 For the following reasons: 1. A significant hardship has not been established. 2. Other conforming arrangements are available to the applicant. Board Members ECHELMEYER and MOLNAR absent. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion of the meetin] �K[ I-11W 1121 = Wu=ng aiscussion, a stggesTion-Vas mall aqxT to be reviewed and changes made, if necessary. Board of Adjustment -6- 07/22/04 Meredith Reckert stated that nonconforming issues arise nearly every day in the planning department. Staff will investigate possible solutions as discussed by the Board. Approval of Minutes — It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes of June 24, 2004 as presented. The motion passed unanimously. Board Member DRDA requested staff look into the situation where the carport was converted to a garage as mentioned in Case No. WA-04-06. It was moved by Board Member DRDA and seconded by Board Member HOWARD to adjourn the meeting at 935 p.m. The motion passed unanimously. Robert Blair, CHAIR Ann Lazzeri, Secretary Board of Adjustment -7- 07/22/04