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HomeMy WebLinkAbout12/09/2004I o f 1 W4 6 A before the City of Wheat Ridge BOARD cancele on December 9, 2004 due to i r quorum. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA December 9, 2004 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on December 9, 2004, at 7:30 p.m., in the Police Training Room of the Municipal Building, 7500 W. 29"' Avenue, Wheat Ridge, Colorado. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing the agenda.) I A. Case No. WA-04-08: An application filed by Cheng Ku for approval of a variance of up to 55 feet from the required 15 foot build-to-line for special mixed- use areas as established by the Streetscape and Architectural Design Manual for property zoned Commercial-One (C-1) and located at 5400 West 38th Avenue. M��0413 7, NEW BUSINESS A. Approval of minutes — August 26, 2004 B. Resignations C. Election of Officers CITY OF WHEAT RIDGE ANNING DIVISION STAFF REPORT TO: Board of Adjustment CASE MANAGER: Jeff flirt CASE NO. & NAME: WA-04-081C.heng Ku DATE OF MEETING: December 9, 2004 LOCATION OF REQUEST: 5400 W. 38' Avenue APPLICANT (S): Cheng Ku OWNER (S): Jimmy Kay APPROXIMATE AREA: 38,218 square feet (.88 acres) PRESENT ZONING: Commercial One (C -1) COMPREHENSIVE PLAN: Village Center (VC) Board of Adjustment 0 JILrisdiction 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 5400 W. 38 Avenue, and currently has a vacant commercial building located on the front portion of the property (Exhibit 1, Survey). The rear portion has several dilapidated out-buildings which were accessory to the main structure when it was used as a single family residence, The property is zoned Commercial-One The original house was constructed in 1928. In the early 1990's, it was converted to a commercial structure. The structure has been unoccupied for the past several years. The applicant, Cheng, Ku, is requesting approval of up to a 55 foot variance from the required 15 foot build -to line for special mixed-use areas as established by the Streetscape and Architectural Design Manual. This request is being made on behalf of the owner, Jimmy Kay (Ext 2, Deed). The intent of the variance is to allow for the construction of a restaurant/retail structure containing approximately 7,200 square feet (Exhibit 3, Site Plan). The C- I zone kllStriCt SpeCITies 7 and the front yard is totally landscaped with the exception of access drives, whereby the front setback can be reduced to 30 feet. 7"RRrAMM% development code in February of 2001. The manual has specific design standards for designated mixed use areas. This lly, it particular property falls within a designated mixed use area so it is subject to these design standards. Specifica , stated that the build to line in these areas for the street front shall be 15 feet from the property line and that automobit� activity in this area will not be allowed, An emphasis of the Streetscape and Architectural Design Manual is also to encourage consistency with neighboring structures where possible. The build-to-line proposed with this variance request is not consistent with adjacent properties (Exhibit 4, Aerial Vicinity Map). Two property owners immediately to the east, one at 5330 W. 38' Avenue and one at 3770 Benton, have expressed their opposition to the proposal. The property owner at 5330 W. 38 Avenue expressed specifically that that build to line should be more consistent with the structure, at 5330 W. W Avenue. :M t Afo x t t - this tM" of design, the City of Wheat Ridge IMMMM I if IN1114%W04 19*1 # U-1 I I # WWI] 1�if Kumid W.YNN I I 111M R1 1 rt W1 6 & 0 - el l'� r � ,, � l mill l llillii"miilm Improvements to Me sunjecy paro" at tric 71ty 7 c7pen treelawn with the planting of trees, comer treatment, and a decorative fence. On August 4. 04 planning and public works staff met with the applicant to discuss development of the property. A plan was presented which was similar in design to the plan being reviewed by the Board. The plan showed the structure setback over 70' from the front property line with two rows of parking located in front of the building. Staff infornf'_ Board of Adjustment Ill. SITE PLAN The land area for the proposed use is 38,218 square feet, car .88 acres. The property to encompass the building is approximately ISO feet wide with a depth of 256.75 feet. The site plan submitted shows the proposed retail structure setback approximately 70 feet from the front property line, therefore the request is for a variance of up to 55 feet from the 15 foot build to line. The Streetscape and J Architecture, Design Manual states that the Community Development director can waive this requirement through an administrative variance process. The director has declined to waive this requirement as it is contrary to the intent of the Manual. Y 17 a, Ta s'Trro err k estion consist3�jmainfTM commercial Uses. AajaCent properties include a commercial use to the west, multi-tenant commercial uses to the immediate east and directly north across 38 Avenue, and single and multi-family residential structures to the south and cast. I 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. If the variance were granted, would it alter the essential character of the locality? If the variance was granted, it would slightly alter the essential character of the locality. The buildi would be significantly farther back from the street in comparison to die existing buildings to the immediate east and west. i I= 11 1 J��*WRZW# f . 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? - I ne appi ff from the Streetscape and Architectural Design Manual. 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? 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? of a person with disabilities. 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 these requests that would warral approval of a variance. Therefore, staff recommends DENIAL for the following reasons: I III I � I I III IRVIN! 11 � Pli II IIIIIII 111 11 Board of Adjustment 4 Case WA-04-081Cheng Ku DESIGN SURVEY LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL Ml;-J'Rlf)IAN, COUNTY OF JEFFERSON, STATE OF ' COLORADO. INCH 20 ptrr crimcAno TO CHENG C KV C K ARCHITECTS, tNC 0 vtom PIN A CAP AS SHOWN + CHISELED CROSS DENCHMARX 0 No, * REHAR <:1 No, 5 REBAR 0 No. 6 BEHAR EB ELECTRIC Box TRAFFIC SIGNAL POLE TRAFFIC CONTROL BOX (D ftXCTWC MANHOLE 0 LIGHT STANMARV 0 PO M POLE D4 GAS VALVE tY OAS CUM STOP SANITARY CLUMOUT SANITARY MANHOLE STORM MANHOLE STORM CLEANOUT q� WATER MANHOLE t WATER CURB STOP HYDRANT WATER VALVE 0 WATTIZ METER TREE CONIFEROUS TRU OFCIDUOUS — GAS LINE --Z-- ELECTRIC LINE —0- PENCE LME m IT I DATE I REVIVONS I 10-14-04 1 UPDATE EASEMENTS PER nTLE COMMITMENT #login was a it 15888 Ion a Engineering & Surveying, LLC a 8570 K NCSTON C7, SUITE 3M PHONE (303) 773-1605 '.A.Kxx�, cc LIOI12 FAX (3 773-3297 14 RECEPTION NO. 93182157 18.00 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 11/04193 14:30 w STATE OF COLORADO courayof 4)( Q'e I THIS DEED, Made this dy ,f NOVEMBER I 19 93 b VAN NGUYEN AND THUAN THI NGUYEN of the C,,,, JEFFERSON and State of Ccljorado 8 _ jo , , ,, d JIMMY C. KAY AND JULIE LOU KA SEE EXHIBIT "A" V FOO also known by street and number as 5400 W 3eth Avenue WHEAT RIDGE COLORADO 80033 The foregoing instrument wss acknowledged before me this ' 0} 7 day of IU 0 V '19 b —re t; O C , i/ /1 ,v 0 C* V Y L "J /;/' 7-/" /; P �-OVEIV I wr • .a a !* --e Vol u 0 Qx � e�*4 Wfkll4* �ANa A*ZA Akt. OV *--C ,5QO.AC C—llVCIRA6C 55� 5,0,5"'r cl ZO,z & ,r . . "C Ik: QZ sr , 2, 1 NE � ,r n WX OP.-Cs cs -p4drs IZZ2,� qm 65? 6 �5 • P { x�.. �� 3t r� °�`.. 7 t r t` aSN70s� 1. It offers high vehicular traffic (four lanes plus a left turn lane) on 38 d Avenue, one of the major eastJwest arterials in Wheatridge. 3e Ave provides a quickly 2. It is within two blocks • Kipling, a major north/south arterial, 3. It provides right in, right out and left in, left out access to 3e Avenue. OMMM business signage exposure time to just seconds. Most traffic will be past the restaurant before a decision to find a way to enter the establishment can be made. Ilk CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting August 26, 2004 1. CALL THE MEETING TO ORDER The meeting was called to order • Chair BLAIR at 7:30 p.m. in the Coun Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridg Colorado. " I Members Absent Bill Echelmeyer Paul Drda Staff Present: Meredith Reckert, Sr. Planner Jeff Hirt, Planning Technician Ann Lazzeri, Recording Secretary The �ollow in - the official set of Board of Adjustment minutes for the public hearing of August 26, 2004. A set • 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 No one indicated a desire to speak at this time. 4. PUBLIC HEARING A. Case No. WA-04-04: An application filed by Manuel and Heidi Marfil for approval • 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 and located at 2900 Webster Street. The case was presented by Jeff Hirt. He advised the Board there was jurisdiction • hear the case. He entered all pertinent documents into the record which were accepted by Chair BLAIR. He reviewed the staff report and digital presentation and explained that, due to the fact this request is for a 10% or less variance, this request could have been approved administratively. However, since two relevant Board of Adjustment 08/26/04 letters of objection were received, the code requires the case to come before the Board of Adjustment. Staff recommended approval of the variance for reasons outlined in the staff report. _ In response to a question from Board Member ABBOTT, Mr. 1Tiengten explaine that interior access is planned from the new garage into the old garage which will be renovated into a laundry and mud room. He also explained that once the garage is built, the entire house and garage would be finished with traditional stucco. in response TDTAUML =,,, F1717. 111 —_ I - " 'V . that no consideration has been given to removing the above-ground swimming pool in order to make room for the garage. In response to a question from Board Member HOWARD, Mr. Mentgen stated that he has planned to build a three-car garage in order to allow sufficient room for Mr. Marfil to have a clear path into the house and allow storage space for lawn equipment, etc. There would also be space for a second car. Chair BLAIR asked when staff became aware of the applicant's plans to build three-car garage. Mr. Hirt stated he was not aware of those plans until this Board of Adjustment -2- 08/26/04 meeting; however, there is sufficient room to build a 3-car garage within the required side yard setbacks. 1; 11;1�111�1 ir IT applicall wowit VC Willing I* leave Ulu uln't ody 01 tilt: 1p within the 30-foot setback. ,1%� MIT Tlt 945ara. The following individuals responded: Jan Croom 2910 Webster Ms. Croom was sworn in by Chair BLAIR. She lives next door to the applicant, She stated that the three-foot variance would block her view to the park. She also objected to plans for a three-car garage and the stucco finish. Board Member ABBOTT asked Ms. Croom if she would still object if the third bay is built within the setback requirement. Ms. Croom replied that it would make no difference in her objection. 0 b VIM Mull a ull-C -1, variance would present. Ms. Croom replied that the truck isn't always parked there. Suzanne Wilson 2915 Webster Ms. Wilson was sworn in by Chair BLAIR. She expressed her objection to the application. She stated her belief that the addition of the garage and the stucco finish will diminish property values in the neighborhood of brick homes, Jeff Hirt submitted photographs from the applicant which depict other homes in the immediate neighborhood (on Webster and Vance). Some of these homes have finishes other than brick. 44WITNTIA7 "M OMN three-car garage and apply a stucco finish. The Board's only authority is to determine whether or not to allow the three-foot variance. -3- Suzanne Wilson returned to the podium to say there is no comparison between their neighborhood and Green Mountain. She also commented that changing a brick house to a stucco house is a big waste. Chair BLAIR commented that the house directly east of the applicant has a stucco finish. Board Member ABBOTT inquired about the depth of the garage. Mr. Mentgen stated the garage depth is planned to be approximately 21.7 feet. The common depth for garages on new homes is 24 feet. He commented that larger garages are required to accommodate larger vehicles that are popular today. Board Member HOVLAND reminded those present that the Board's Authority k vartaitIce o*lv-Tqnd not the finish of the house, etc. Board Member ABBOTT asked if the garage addition could be extended into t existing garage to eliminate the need for a variance. Mr. Mentgen stated that every engineering calculation failed with this scenario because it would necessitate removal of a structural, wall. He also stated that he studied every possibility to avoid the necessity of asking for a variance. I In response to a question from Board Member HOVLANID, Mr. Mentgen stated that it is necessary to have at least five feet between the garage and swimming pool for excavation purposes. Board Member HOVLAND commented that it seemed the inconvenience has been caused by the swimming pool. III 11111111�111�111; iiiiiiii I III I III C 111111111 11 111 111 ip�111 0 � path to the indoor garage entrance for Mr. Marfil. Upon a motion by Board Member BELL and second by Board 71'ember ABBOTT the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment - 4 - 08/26/04 Whereas, Board of Adjustment Application Case No. WA-04-04 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 were two relevant letters of objection received about the request; 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. No. WA-04-04 be and hereby is approved. With the following condition: 1. The materials of the proposed attached garage shall be consistent with the general character of the area, including the surrounding streets, and with existing houses in the surrounding area. Board of Adjustment -5- 08/26/04 Board Member ABBOTT offered a friendly amendment to add a condition that the third bay to the north not be allowed the 3-foot variance. This condition was accepted by Board Member BELL. In response to a question ftom, Chair BLAIR, Board,Member BELL explained that, while driving through this neighborhood, she observed that it is not an entirely brick neighborhood, There is brick, a combination of materials, wood or clapboard and stucco finishes. 0310,9=43=15,3 "TMK required setbacks. She was advised that this would be permissible. (Chair BLAIR declared a brief recess at 8:45 p.m. The meeting was reconvened at 8:55 P.M.) 6. OLD BUSINESS Approval of Minutes — It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to approve the minutes o u y 22, 2004 as presented. The motion passed unanimously. Board of Adjustment - 6 - 08/26/04 8. ADJOURNMENT Board of Adjustment -7- 08/26/04