HomeMy WebLinkAbout04/25/2002wa-Vage
AGENDA
April 25,2002
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on April 25, 2002, at 7:30 p.m., in the City Council Chambers of the Municipal Building,
7500 West 29th Avenue, Wheat Ridge, Colorado.
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3. PUBLIC FORUM (This is the time for anyone to speak on any subject n'
appearing on the agenda.) I
A. Case No. WA-02-02: An application submitted by Jeff Petty for approval of a 600 square
foot variance from the 12,500 square foot minimum lot area requirement to allow an
additional dwelling unit on property zoned Residential-Two (R-2) and located at 4695
Wadsworth Boulevard.
A. Amended Board of Adjustment Bylaws
7. NEW BUSINESS
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8. ADJOTRAMFNT_
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ACTION REQUESTED: Request for approval of a 600 square foot variance from the 12,500 square foot
minimum lot area requirement to allow an additional dwelling unit on property zoned
Residential-Two
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Jeff Petty
24060 US Highway 40
Golden, CO 80401
Residential
N, Single-Family;,S, Single Family; E, Commercial & Single
)Family; A, Single Family
DATE PUBLISHED: April 11 2002
DATE POSTED: April 11, 2002
DATED LEGAL NOTICES SENT: April 11, 2002 1
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The'vro is within the Citv • Wheat Ridge. and all notific'-_ ..........
ROMMEMKOUM
The property in question is located at 4695 Wadsworth Boulevard and is currently being used as a two-
family residential property. The property is zoned Residential-Two (R-2) and
is 11,900 square feet in area A two-unit structure in the R-2 zone district requires
a minimum lot size of 12,500 square feet. The property does meet the minimum requirements for lot
width in the R-2 zone district.
Staff contacted Wheat Ridge Water District and was informed that the property was originally serviced
as a single-family home. Wheat Ridge Sanitation District was also contacted and informed staff that the
property has one sewer service that was installed in 1952. The owner purchased the property on
March 22, 2002 under the pretense that the property met all the requirements to allow a duplex.
SITE PLAN
The property in question is not unique in shape, has frontage on W. 47 Avenue to the north, and
Wadsworth Boulevard to the east.
The applicant is proposing to use the property in question as a duplex. The property is zoned.R-2, b
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t size reouiremett of 12.500 souare feet for a duDlex in the R-2 distriel
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'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?
If the request is denied, the property may yield a reasonable return in service and income. The
property can still be used as a single family residence.
If the variation were granted, would it alter the essential character of the locality?
It could potentially alter the essential character. To the north and west are single,7family homes.
However, no complaints have been received by the city from adjacent property owners in
respect to the subject property being uzed as a duplex. Proximity to Wadsworth of the
existing structure does not serve as the most desirable location for a single-family residence.
3. 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?
The property in question has a typical rectangular shape and is relatively flat. The lot meets the
minimum lot frontage requirements for a duplex in the R-2 zone district. The R-2 district
requires a minimum • 100 feet • lot frontage. In addition, comer lots need a minimum lot
width of 80 feet for both street frontages.
4. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
6. If criteria a through e 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 1 f the variance result
The requested variance would result in an individual benefit for the property owner, and would
not produce a benefit or contribution to the neighborhood or comm, unity. Approval of this
request would not result in the reasonable accommodation of a person with disabilities.
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Staff has concluded that the above criteria are supportive of the variance request. Therefore,
staff recommends APPROVAL for the following reasons.
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3. The proposed additional unit would not impair the adequate supply of light and air to
adjacent properties.
4. The proposed additional unit would not substantially increase the congestion in public
streets, endanger the public safety, nor increase the danger of fire.
1. The curb cut off of Wadsworth Boulevard should be closed and access to the prope"I
shall be limited to W. 47 Avenue. In addition, the first twenty-five feet of
driveway shall be paved, pursuant to Sec. 26-501 (D)(1).
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COUNITY OF JEFFERSON
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Witness my hand and official seal
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4601 DTC BOULEVARD, SUITE 1025
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
BY-LAWS
ARTICLE I. MEETINGS
Regular hearings before the Board of Ad ustment shall be held on the fourth Thursday of
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each month beginning at 7:30 P.M, provided however, if Thursday falls on a City
holiday, the Board will convene on the next Thursday which does not conflict with
Planning Commission, or on a date otherwise set by an affmnative vote of a majority of
the Board.
2. Special meetings and/or hearings shall be held at the call of the Chairman and at such
other times that the Board shall determine.
3, All hearings shall be open to the public. Hearing notice shall be by newspaper
publication, site posting and letter notice as provided in Section 26-109 of the City of
Wheat Ridge Code of Laws.
5. All members shall attend all Board meetings in person unless excused for cause by the
Chairman of the Board of Adjustment.
6. The Board shall keep minutes of its proceedings, showing the vote of each member on
every case or if absent • failing to vote, indicating such fact, and it shall also keep
records of such proceedings and other official actions, and such records shall be filed in
the office of the Board.
7. The Board shall hear a request for relief from the requirements of the Zoning and
Development Code by any person aggrieved by such requirements as provided in Chapter
26
♦ the City of Wheat Ridge Code of Laws,
Every request for relief shall be made to the Board in the name of the owner or owners
the affected property or his or her or their designee and shall include the data required i
the applicable form so as to supply all the information (including such plans or plats as
may be necessary) required for a clear understanding of the case by the Board. I
1 No communication purporting to be a request for relief, shall be regarded as such until it
is made in the form required (including all required documentation).
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4. The applicant shall prove his or her case by presenting evidence in accordance with the
provisions of Chapter 26.
5. The Board shall not hold hearings on requests which have been denied within the
previous twelve (12) calendar months, unless new evidence pertaining to the request is
submitted in writing which could not have been, with due diligence, presented at the
ARTICLE III: THE CALENDAR
I Each case filed in the proper form, with the required data, shall be numbered serially and
shall be placed on the secretary's calendar. The case numbers shall begin anew on
January I st of each year and shall be numbered to reflect the year and type of case.
2. As soon as the case is put on the calendar, the applicant shall be notified to appear on the
date when the case will be heard.
ARTICLE IV: PUBLIC HEARING PROCEDURES
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(b) If the variance were granted, would it alter the essential character of the locality?
(c) 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?
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Every decision of the Board on any case shall be by resolution indicating the reasons of
the Board therefor. Resolutions shall specify type of action requested, amount of relief
granted for what purpose and any stipulations or conditions.
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Members Present Votes Needed to ApproNfl
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6. If an applicant or representative fails to appear for the scheduled hearing, the case shall be
placed on the next available meeting of the Board. The item shall be placed last on the
agenda. Renotification of the hearing shall be required.
I Amendments to these Rules of Procedure may be proposed and approved • the Board of
Adjustment at any regular meeting upon the affirmative vote of a simple majority of
members present. Copies of such amendments shall be filed with the City Attorney and
thereafter, forwarded to the City Council for approval.
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2. The Chairman, subject to these rules, shall decide all points • order and procedure,
unless otherwise directed by a resolution passed by a simple majority of the Board
members present.
I The secretary, who shall not be a member of the Board, shall be provided by the City to
record minutes of meetings, assemble documents, duplicate reports, and perform such
other clerical duties as the Board shall from time to time assign. Such clerical employee
shall serve under the immediate supervision of the head of the department assigned to
work with the Board.
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CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
March 2, 2002
CALL THE MEETING TO ORDER: The meeting was called to order by Vice-Chair
MONTOYA at 7:30 p.m. on March 28, 2002 in the city council chambers of the
municipal building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
Members Present: Tom Abbott
(Michelle Brown resigned from the Board prior to this meeting)
3. PUBLIC FORUM
There was no one signed up to speak.
4. PUBLIC HEARING
A. Case No. WA-02-01: An application submitted by Craig and Paula Corbin for
approval • a 548 square foot variance ftorn the 12,500 square �foot minimum lot
area requirement to allow an additional dwelling unit on property zoned
Residential-Two (R-2) and located at 3760 Hoyt Street,
This case was presented by Mike Pesicka. He reviewed the staff report and presented
slides and overheads of the subject area. All pertinent documents, including the plot
plan, were entered into the record. Also entered into the record was a letter • suppor)
from Delmar Coftman who resides at 9473 West 37 Place. Vice Chair MONTOYA
Board ot Adjustment Page 1
03-28-02
read the Cofftnan letter into the record as follows:
In response to a question from Board Member HOWARD, Mr. Pesicka stated that the
house was built in 1958. If the application to legalize the second living unit is approve
an address would be created for the second unit of 9483 West 37 Place. I
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Board Member DRDA asked how long the residence has been. used as a two-family
residence. Mr. Pesicka stated that no such records could be found. The structure could
have been used as a two-family unit before Wheat Ridge was incorporated.
Clinton Corbin
Mr. Corbin, son of the applicants, was sworn in by Vice Chair MONTOYA. He stated
that he has been using the second mailbox; however, he received no mail for any previous
tenants, He also stated there was off street parking for this second unit.
Board of Adjustment Page 2
03-28-02
to express concern about the misrepresentation of this property.
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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-02-01
be, and hereby isapproved.
Board of Adjustment -P—ag—e3
03-28-02
3. There was a letter requesting approval submitted from the immediate neighbor at
9473 West 31' Place.
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5. The basement apartment covered by this decision is one-half the floor area of the
first floor apartment. The apartment in the basement is a one-bedroom unit.
1. The current size of the second unit, including sleeping capacity, may not
I 1 from the current one bedroom. I
2. The City may impose such requirements related to creating a legal second family
unit as they see fit to make sure the unit is safe.
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5. CLOSE THE PUBLIC HEARING
Vice Chair MONTOYA declared the public hearing closell
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C OLD BUSINESS
There was no old business to come before the Board.
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A. Minutes of October 15,2001: It was moved by Board Member HOWARD
and seconded by Board Member HOVLAND to approve the minutes of
October 25, 2001 as presented. The motion passed unanimously.
B. Election of Chair and Vice Chair - Jerry Montoya was elected Chair and Tom
Abbott was elected Vice Chair.
C. Comments from Board Members — Board Member ABBOTT expressed
appreciation to Alan NVhite for his letter explaining the reasons for the decrease in
Board of Adjustment, cases.
Board of Adjustment Page 4
03-28-02
board Member DRDA asked if a determination had been made as to whether
variances run with the property • the applicant. Alan White will check with t
city attorney about this. I
D. Board • Adiustment Training Session — There will be a training session with
the city attorney on April 15, 2002.
It was moved by Board Member HOWARD and seconded by Board Member
ABBOTT to adjourn the meeting at 855 p.m.
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Board of Adjustment
03-28-02
Board • Adjustment
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