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HomeMy WebLinkAbout04/26/2001CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA April 26, 2001 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on April 26, 2001, at 7:30 p.m., in the City Council chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, 3. PUBLIC FORUM (This is the time for anyone to speak on any subject n appearing on the agenda.) i A. Case No. TUP-01-01: An application filed by Walmart for a 30-day temporary use permit for the purpose of conducting an outdoor garden sale at the property located at 3600 Youngfield Street and zoned Planned Commercial Development (PCD), B. Case No. WA-01-01: An application filed by Shayne Ankoviak for approval of a 12 foot side yard setback variance from the required 15 foot side yard setback resulting in a proposed 3 foot side yard setback for the purpose of constructing a garage addition for property zoned Residential-One (R-1) and located at 12141 West 32 d Drive. D. Case No. WA-01-05: An application filed by Paul Mintken for approval of a 12 foot front yard setback variance from the required 30 foot front yard setback resulting in a proposed • foot front yard setback for the purpose of constructing a garage addition for property located at 3071 Union Street and zoned Residential-One E. Case No. WA-01-0► : An application filed by Schultz Industries, Inc., for approval of a variance of Section 2.3.7.5 of the Streetscape and Architectural Design Manual to allow prefabricated metal siding for a new building on property located at 13451 West 44 1h Avenue and zoned Planned Industrial Development rf II;111310 A. Approval of Minutes: October 26, 2000 8. ADJOURNMENT C�'\Katliy\BOA\Agenda,s\010426,wpd CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT The property is within the City of Wheat Ridge, and all notification and posting requirements have been net, therefore, there is jurisdiction to hear this case. 1. REQUEST The property in question is located at 3600 Youngfield Street and is currently used for Commercial purposes. The property is zoned PCD, Planned Commercial Development (Exhibit 1, Zoning Map), Staff has received objections to and public comment regarding this variance request. A total of five phone calls were made to the City • complain about this proposed Temporary Use. Three of the respondents were concerned about late night deliveries and trucks idling behind the store very late at night. Two of the respondents were concerned about the trash behind the development. ffiffiffiN, IN ; — Y F9PI SeT as a resul 0 is temporary garden sale. There should not be any pollution of air, water or noise in the area. The drainage should remain unaffecteM by this garden sale. 3. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off site; and 4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties; and 5. Will not overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. The potential temporary use would not be detrimental to the street capacities, nor overburden any utilities, parks, or schools. Board of Adjustment Page 3 TUP-01-O l/Wal-Man Board of Adjustment Page 4 "TUP -CPI -QIf at.11art i I 4 S W EXHIBIT f 0 LAND USE CASE PROCESSSING Pl;:nn:n; at -.c e =, eicprrie t Depairtr:ent , 29th ,-e: , Wheat Ridge, Rid e, O X Phone 203) 2 3,° 9546 M #scant l + ° r P� c tr C. Addres State c— o Zip — 2211_ Fax `3)&5 - i 0 `700 Phone L{ Cher State co Zip 003 � Fax cad ° � tZc� '-eC71 Tv pe of action requested ,cfieck one or more of the actions listed below which pertain t regilest.t Owner Phone Sate Zip Fax Contact C. :address `fib Phone State c— o Zip — 2211_ Fax `3)&5 - i 0 `700 e person Gis;ed _ contact wall be contacted to answer gttesucins regarding :his applicauon, provice addicionai € foririiaticn .Ynel teccewsar= coat public hearing. signs. and 'vill ri - Mve a copy at "he staff report prior to Public Hear:ng, i Lccat`cn -It r - e " `f-ess' -!' 600 '-eC71 Tv pe of action requested ,cfieck one or more of the actions listed below which pertain t regilest.t .Aiop ica tiotX 4%lbmitral t*equii°emenrs on reverse side Chance of zone or zone conditions Special Use Permit Conditional Use Permit ' subdivision: Minor (5 lots or less) Consolidation Plat Subdivision: 1csr than 5 lots Flood Plain Special Exception , Preliminary Final lnterpretar.icn of Code Street Vacation _ Lot L me ,4 c,,;: iz sent Temporary Use, Building,Sicn =nforrtlina l�s eChan e t' Variance Waiver (from Senon Purred Building Gaup Zoning Ordinance Amendment ., Ste De��eic oment Plan approval tither: ;"� De°.ai.eo descr inticn of the request: f ac t , tai .ct c, ^ `I ,A Required information: ASlessors P'ar'cel Number: Size of Lot iacres or square footage- Current Zoning; Proposed Zoning: Current rise: Proposed use: be ac-orricilished, Apphcants other than owners musk submit power ey from t, - 4 i� • «� .*;t a 1 *0 1 h Ir 4 He also commented about the "trucks" delivering too early, too late, all the time and trucks idling too long. I asked him to clarify whether they were garage trucks or delivery trucks, but it didn't seem to matter to him what they were. On 3/ received the following calls regarding Case No. TUP-0 1 -€31: George Schreiber 3375 Wright St. Mr. Schreiber is against the TUP due to the already excessive traffic behind Walmart. Dick CuIna 3803 Wright St, Mr. Culna has no problem with the TUP, however, he does have a problem with the trash (Walmart bags) that blows on his property and the trucks delivering late at night (12-1 a.m.) and running all night. Ralph Santangelo 3801 Wright Ct. Mr. Santangelo is opposed to the TUP. He also went before City Council on 3/19/01 to publicly voice his opposition. On 4/17/01. 1 received another call from Dick Culna at 3,803 Wright St. regarding Case No. TUP- 01-01: Mr. CuIna has a problem with the trucks delivering late at night (12-1 a.m.) and running all night. W I kw FROM: Alan White, Director • Planning and Development 111 1 11 Min I DATE: 14 March 2001 Pursuant to Section 26-115 (D) • the Wheat Ridge Code of Laws, the Zoning Administrator is empowered to decide upon applications for a thirty (30) day temporary use permit, without requirement • public hearing, provided that the following conditions are met: If all the conditions above are met, the director of planning and development may issue a one month temporary permit, provided the findings of fact below are met: # M Note: If the use is conducted for 30 days in conformance with the approved plan and any conditions, the applicant may apply for an additional 30 day permit (not to exceed 2 renewals) prior to expiration of this permit, 0 0 W -0 ON 4 I �z LL- A\jc-- z APPLEWOOD VILLAGE SHOPPING CENTER - PLANNED COMMERCIAL DEVELOPMENT AMENDED FINAL PL - AN OFFICIAL DEVELOPMENT PLAN, AMENDMENT IS. P-YIslr 4 f A MMCl -5 k2m" mc�R Is CONSTRVC'nON - XLY 1, 1994 COMPLETION OF CONSTRUC'noN - F ESpUApy, 1995 PAN T-RE Aw RAr — — — — — — — — — — - — -- — — — — — — -- — — — 1* -1— AL*MART' 7 - YaMMYu #wr Aftl "I'll, - % I Rues X 1\ I -R, 4 k 15. 4> py MOT TO Sc.04Z Is CONSTRVC'nON - XLY 1, 1994 COMPLETION OF CONSTRUC'noN - F ESpUApy, 1995 PAN T-RE Aw RAr — — — — — — — — — — - — -- — — — — — — -- — — — 1* -1— - 7 - YaMMYu CAR "CCOMAL (TYP) im ' y H� ' » POP, z Q� 'zi -x WAL-VART PrXN SwCM To E RMA= WTk4 WW Wk Pot ck SIGN CAR "CCOMAL (TYP) Rues X 1\ I -R, 4 k 15. F EM I I p0mal 0 P. 6]4 . �7 WAL*MART 0 STORY) 137,869 So, F7 WITH EXPANSION SElm ME COR SE 1/4 *w T/A. sr Z9 rNMe }p 14 To ar 'c'oc.A'7w-/ k lk 1 0 SE TO: Board of Adjustment DATE OF MEETING: April 26,2001 DATE PREPARED: A • 116 )2 116,20 CASE NO. & NAME: WA-0 1 -0 1 /Ankoviak CASE MANAGER: Travis Crane/ ACTION REQUESTED: Request for a 10' side yard setback variance from the 15' side yard setback requirement in an R -1 zone, reducing the setback to 5' for the purpose of expanding an attached garage. 12.141 W. 32 Dr. hM 1 M13VW 1 4 "t HKIIAW Shayne Ankoviak 12141 W. 32 Dr. Wheat Ridge, CO 80033 Same as Above APPROXIMATE AREA: 15,148 ft. PRESENT ZONING: R-1, Residential-One PRESENT LAND USE: Single - Family Residential SURROUNDING ZONING: N:, 1,.E:, & W. Residential-One 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 at 12141 W. 32 d Drive and is currently being used for single family residential. The property is zoned R-1, Residential-One. (Exhibit 1, Zoning Map). The applicant (owner) is requesting approval • a 10'side yard setback variance from the 15'side y setback requirement in an R-I zone, reducing the setback to 5'. (Exhibit 2, Application and Exhibit Deed). The purpose of the variance request is to allow for an expansion of the existing garage. I 11. SITE PLAN il IF 11 1 ill 1 11 1 1 � i 111 1 1 1 1 1 1 i I I I I I I I I l�lii�l i � i 1 11 1 1 i I iiiii The applicant has also submitted a letter outlining the reasons for the requested variance (Exhibit 5, Applicant Letter). This variance case was originally scheduled for the February meeting, bu the applicant withdrew the application due to insufficient information. Staff has received no objection to or public comment regarding this variance request thus far. III. VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: ffEffvrg�lM If the request is denied, the property may yield a reasonable return in service and income. The property is currently used as a single family residence and this use may continue on the property. The property currently has an existing garage that could • utilized for storage. Board of Adjustment Page 2 WA-0 1 -0 Cl Ankoviak 2. If the variation were granted, would it alter the essential character of the locality? 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Board of Adjustment Page 3 WA-0 1 -0! / Ankoviak 6. If criteria a through e are found, then, would the granting of the variance result in a M 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 reasonable accommodation of a person with disabilities? I Upon review of the above request, staff concludes that the above criteria do not support the variance request. Staff has found that there are no unique circumstances attributed to this request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the following Board of Adjustment Page 4 WA -01 -0 1 Ankoviak I • • • I • z 0=) u ru Z ol Eun) Q: w LL It LL 10 ul I:r —4 Z 0 LL ui • • rr i z • u z uj 0 cc 0- u Al X Cu cc a] M ID 0 c M CL tt 0 LL w cr Lu w cc L o • cr - 0 ti cr ld M G LL w iww I >1 �4 0 0 CIO v) E 8 (D 0.0 0 E E z >4 E-� OE cs rts 0 79 .; o H 6 z I s 0) c M ID 0 c M CL tt 0 LL w cr Lu w cc L o • cr - 0 ti cr ld M G LL w iww I >1 �4 v) E 8 z >4 79 .; z I s 0) c 0 r 1 , , 0 0 1 > E 0 >1 co z 9 ui LU 0 z 0 o % . - C, z o C o w S 0 w O� 44 > 44 2 Za 44 -8 CT aw N r4 A.; S - 6 X >1 CL 0 c NX W (D z 0 C 0 0 c :D r4 0 U) rg 0 0) , r t) 0 x u ui ui 0 2 Z 0 44 0 0 cl U 0 0) W z z H (D 0 o t: 0 3: "6 M ID 0 c M CL tt 0 LL w cr Lu w cc L o • cr - 0 ti cr ld M G LL w iww I 0 U- LL 0 0 LU z 1 o C4 E 4 2 1; 6 c c 0 >1 �4 v) E 8 0 U- LL 0 0 LU z 1 o C4 E 4 2 1; 6 c c 0 ri Q'IT kTPUNTAIP1, (DI K IR LkTr m xt meol Ji5t From e"jOe\ cone to pwope 4'e JV ROT 1] 0 OL 4x" ,)f4 wr mZ,6u Re. Variance in zoning for 12141 W 32r' Drive I ���� � ._.__ __ � m_ . _. �. �- � � ..__ ._ _. �_ ._�_ ...__ �v __.W__�_�_�.�.��.___..�;w��.�.. _n�� -_�__ ��..�__._ CASE NO. & NAME: WA-01-04/Staro CASE MANAGER: Mary Austin ACTION REQUESTED: Request for a 22' front yard setback variance from the 30' front yard setback requirement and a 1' side yard setback variance from the 15' combined side yard setback in an R-2 zone, for the purpose of constructing a detached garage, LOCATION OF REQUEST: 6295 West 42 Avenue DATE POSTED: April 12, 2001 DATED LEGAL NOTICES SENT: April 12, 20- 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, ONNERalffl= The property in question is located at 6295 W. 42 Ave. and is currently being used for single family residential. The property is zoned R-2, Residential-Two. (Exhibit 1, Zoning Map). 11. SITE PLAN The applicant has also submitted a letter to the Board of Adjustment outlining the reasons for the requested variance (Exhibit 5, Applicant Letter). 11 1 11 11.1il 11 !1 1 il 1 01111 Can the property in question yield a reasonable return in use, service or income if R ermitted 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 is currently used as a single family residence and this use may continue on the property regardless of the outcome of the variance request. Board of Adjustment Page 2 2. If the variance were granted, would it alter the essential character of the locality? 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 regulations were carried out? 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant, who has sole interest in the property has created a self-imposed hardship throug the desire to construct a detached garage to accommodate additional vehicles, a boat and a trail The required setbacks • 30' in the front yard and 15' combined side yard were in effect when tl home was purchased by the applicant in 1991. Board of Adjustment Page 3 WA-0 1 -04 / Stano Board of Adjustment Page 4 WA -01 -04 1 Stano I� c l I Owner Tf s. bebgn r ress � - ? _9 5 VV. qZJ- 4 Phone -3034ZS'�17�" Required information: -6essor6 Pat - cel Number: 13 7MC� Size of Lot �acm, or - auare footaa Current Zoning, aL' Proposed Zoning; Current uue. es ��W - Proposed use: Nly cornm�ssion expires --------- ---------- - Date received 31-AWN Fee $�� Receipt No,COII Case No. Comp Plan Desig Zoning Quarter Section Nlap Related Case INo. ALMARLk - Case Manager -j��,4: Recorded at o'clock Recitation N; WARRANTY DEED 0 O Or �=N THIS DEED, Made this 24TII day or April, 1991 between ANN R. DOYLE whose legal address is 6295 WEST 42ND AVENUE, WIIEATRIDGE,, CO 80033 or the County of JEFFERSON and State of Co, grantee: of the County of JEFFERSON and State of CO, grantor, and DEBRA A. S'T'AND AND TTIONIAS S. STAND also known try street and number as 6295 WEST 42ND AVENUE, wlirA`FRIDGE_ CO 80033 I TOGETHER with all and singular the herediraments and appurtenances thereunto belonging, o in anyw appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thercor, and all the estate, right, title, interest, claim and demand wKilsoever of the grantor, either in law or equity, of, i and to the above bargained premises, with the hereditiments a appurtenances. To HAVE AND 'TO 1101,I) the said promise,, above bargiined and described, with the appurtenances, unto ifur grantee, his heirs and assigns forever. And the giatnor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at fil ti of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, Pcrfcvt, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full powe an d lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever , except for taxes for the current year, a lion but not yet due or payable, easements, restrictions, reservations, covenants and rights-of-way of record, it any, The grantor shall and will WARRANT AND FOREVER DEFIIND the above - bargained premi i the quiet and peaceable possession of the grantee, his heirs arld assigns, against 311 and every person or persons l cLuming the Whole or any part thereof. The singular number shall include the plural, the plural (tie singular, and the use of any gender shall be applicable to all genders, IN WITNFSS WHEREOF the grantor his executed this decd on the d set forth above. z STATE OF COLORADO COUNTY OF JEFFERSON The foregoing instrument was acknowledged before nic this 241'11 day of April, 1991 by ANN R. DOVILE . Witness my hand and official seal, MY Commission expires: I 6 R ECEPTION NO. 91035007 4/26/91 11:25 12-25 RECORDED IN COUNTY OF JEFFERSON STATE OF C0I,ORADO I N--%32A-R-7•4. WARRANTY71M A G f„}' }e .T�{"♦4+�y �.",(4 Iy y� [ {gyp;^'., V C LDr 15 I �;z+ Sc �y -T... , w n 10 C" C. a F R A Lo w x to d Planning and Development Department 7500 West 291h Avenue Wheat Ridge, CO 80033 RE: Land Use Case Processing Application Tom and Debra Stano 6295 W. 42 d Avenue Variance req'uest for 6295 W. 42 d Avenue, Wheat Ridge, CO Tom and Debra Stano are requesting this Variance because of the following reasons and hardships: First and foremost we have sustained major damages to our vehicles and property in front • our home on numerous occasions. Specifically other vehicles hitting our vehicles and other vehicles diving on our property when making the turn around the curve. In the immediate area of our home in the last two years variances have been granted to other homeowners with less than ten feet set back from property line/street. So with that in mind we hope you will consider our request for a variance. The garage we plan to build will complement our home. CITY OF WHEAT RIDGE L& TO: Board of Adjustment DATE OF MEETING: April 26,2001 DATE PREPARED: April 19,2001 CASE O. & NAME: WA-01-05/Mintken CASE MANAGER: Mary Austin ACTION REQUESTED: Request for a 12' side yard setback variance from the 30' side yard setback requirement when abutting a public street in an R- I zone, for the purpose of constructing a garage addition. U21JRLLJfJQDJJWfflt1UEST: 3071 Union Street PRESENT ZONING: R-1, Residential-One 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. The applicant (owner) is requesting approval of a 12 side yard setback variance from the 30' side yard setback requirement when abutting a public street in the Residential-One zoning district. (Exhibit 2, u• +t M "11—n— • the variance re • est to allow for h constructin of a 1QQL o "&M 'i • IL SITE PLAN The applicant has also submitted a letter to the Board of Adjustment outlining the reasons for the requested variance (Exhibit 6, Applicant Letter). Staff has received 3 letters of support from surrounding property owners regarding this variance request thus far. (Exhibits 7, 8 & 9) Staff has the following comments regarding the criteria used to evaluate a variance request: 3. Does the particular physical surrounding, shape or t # # hical condition of 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 4. Has the alleged difficulty or # # been # by any person presently 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 of the variance result in a reasonable accommodation of a person with disabilities? The construction of the garage addition and the relocation of the driveway is sought to correct a potentially unsafe condition which could be beneficial to the neighborhood. The surrounding neighbors have expressed their support in writing for relocating the driveway and garage. Approval of this request would not result in the reasonable accommodation of a handicapped person. 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 this request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: 1. The concrete driveway onto W 31" Place shall be removed within 90 days of obtairling a certificate of occupancy for the new garage addition. Board of Adjustment Page 4 WA-0 1 -05 / Mintken ' N r / ^L , / / / �, r / REWnOl 10. F0835319 3130/1999 12:46:37 PG: 001-001 PAGE FEE: 6.00 DOC.FEE*. 24.25 RECORDED XX JEFFERSON COUNTY COLORADO filed for record the day of_.A.D. 19 at RECORDERI Reception No. By DEP(iTY. WARRANTY DEM Stat=e DoctlMcn Foo THIS DEED, made on this day of Af m a 1999 Date -- between BLUZE MOPERTM LLC The Grantor(s> %hail and Will WARRANT AND FOREVER DEFEND the Above bargained premises in the quiet and peaceable 4 Lkmiihi The foregoing instrument was acknowtedgetf before me on this day of hiafch 29 1999 by MICHAEL L. POIND N1 GER FOR SLIME PIZOI£RTIZS LLC my commission expires Witness my hand and offitiat seat. Escrow# 8637159 Title* K637159 y created Legal p"='-tpt Ion ( 38-37 When Pecpr#ad Return to.* Form NO. 921A Rev 4,94. MOW �8 gm ins Z Lu LU z Z �8 gm ins =71AX 4 w ..r ui ZUT C)G! Q t =71AX gEmmilm NO M W11001211 ffllgg.M 0 M 0 * 0.0 Subject Vadance Request for 3071 Union Sbvmet ftat yard setback --:'116 * Page 4 March 27 2001 Please review the enclosed materials: Sincerely, We hope that you approve their r' ! for • variance 4. T.M. # • . •�� +� :i !i f ! , �� ,,�� ,� �,J� - °cam-- L..�...�, t •. � • • M1M � March 28, 2001 W"Zro P - m en-Prep artm en t City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 SUBJECT. VARIANCE REQUEST FOR 3071 UNION STREET To Whom It May Concern: Paul Mintken at 3071 Union Street has approached us explaining his desire to request a variance in order to build a garage addition. He explained that he would need a 12-foot variance into the existing 30-foot setback. Having seen the plans, we support their decision to seek a variance in the code. The addition would not affect our property in an adverse way, and the additions would improve property values. Please grant them their request for a variance. 3061 UNION STREET WHEAT RIDGE, COLORADO 80215 Lakewood Zoning Ordinances for R -1 ITEM STANDARDS FOR 1 -R SETBACK front For a habitable structure: (Alt front setbacks are 5' from local streets: mea from the back 35' from collector streets; of curb. If a curb does 45' from arterial streets, not exist, add three (3) Garages must be set back a minimum of eighteen (18) feet feet to the setback value from the back of a detached sidewalk, or twenty-three () listed to the right and feet from the back of an attached sidewalk, or twenty -nine measure the setback (29) feet from the edge of the asphalt when no sidewalk is from the edge of the existing. All other accessory buildings must be behind the asphalt, front edge of the principal structure. A front setback also applies to other streets on the side or rear of a lot.) side (Measured from the 15': dwelling unit, riding ring, corral, or other buildings for the keeping of livestock or animals property line.) 5': other detached accessory buildings or structures rear (Measured from the 15': dwelling unit, riding ring, corral, or other buildings for the keeping of livestock or animals property line.) 5': other detached accessory buildings or structures FENCES' front, primary Type offence: open Maximum height:. 42" Minimum Setback: property line Side, rear,. non- Type of fence: open, Solid primary front Maximum height: 72" Minimum Setback: property line 'Other requirements or performance lqq M • t FebnWy 29, 10" 6-20 EXHIBIT 10 I-R CITY OF T RIDGE k O A ADJUSTMENT Minutes of Meeting October r 11t ORDER: 1. CALL THE MEETING TO + to order by HOWARD pm. on October 1 in the Council « of Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Members Present: The following is the official set of Board of Adjustment minutes for the Public Hearing of October ?a, 2000. A set of these minutes is retained bath in the office of the City Merk and in the Department of Planning and Development of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. Board of Adjustment Page 1 10/26/00 Board Member ABBOTT inquired as to whether a variance runs with the property or with the present ownership, Alan White commented that the city has no way of knowing when property ownership changes. He will request the city attorney to give an opinion on whether or not a variance runs with the property or the ownership. Upon a motion by Board Member BROWN and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-00-09 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the required fifteen days 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 Adjustment Application Case No. WA- 00-09 be, and hereby is, APPROVED. Type of Variance: A 27 percent landscape variance to the landscape area requirement of 80 percent living material, reducing the living materials to 53 percent of the total landscaped area. Board of Adjustment Page 2 10/1-6/00 Board Member BROWN commented that there are many temporary buildings located at various schools throughout the city. Board Member ECHELMEYER asked if a city building inspection would have to take place before the building is occupied, Alan White explained that the building inspections in matters such as this are performed by the State of Colorado. In response to a question from Board Member BROWN. Ms. Austin informed her that the building is presently occupied by students. Mary Austin commented that the staff would have no objection to extending the permit to June for the sake of student safety. Board of Adjustment Page 4 10/26/00 Mr. White explained that the temporary use could only be granted for up to one year. Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND!, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer, and Whereas, Board of Adjustment Application Case No: TUP -00-04 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the required fifteen days 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. Type of Temporary Building for t classroom trailer to accommodate students during construction of a new school addition. Board of Adjustment Page 5 1 0/26/00 For the Following Reasons: 2. 1 The temporary classroom trailer is located in an interior corner of the property. There should be no impact on the amount of light and to adjacent properties since the structure meets required setbacks for temporary buildings. It would appear that the temporary building and location meets Uniform Fire Code standards. 3. The structure is buffered on the east by carport structures that serve the adjacent multi-family development. It is screened on the north side by trees along the northern property line. With the Following Conditions: 3. Any appurtenances related to the temporary structure, such as electrical poles, shall be removed at the time the structure is removed. In response to a question from Board Member ECHELMEYER, Ms. Austin explained that the trees referred to on the northern property line are not yet in place, They will be in place at the time the school addition is completed. There is shrubbery and other vegetation in place at this time. Board Member ECHELMEYER expressed concern about an existing power line located from the southeast comer of the main building to the temporary building. Mr. Fulton explained that this is a temporary telephone line that will be removed at the time the temporary building is removed. Board of Adjustment Page 6 10/26/00 Chair HOWARD advised the applicant that the application for a temporary building permit was approved. 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing closed. 6. OLD BUSINESS ' There was no old business to come before the BoA 7. NEW BUSINESS A. Approval.of Minutes - It was moved by Board Member ABBOTT and seconded by Board Member ECHELMEYER to approve the minutes of the September 27, 2000 meeting as presented. The motion passed 5-0 with Board Members MAURO and MONTOYA absent and Board Member HOVLAND abstaining. There was a consensus of the Board to hold election of officers at the January. 2001 meeting. Board of Adjustment Page 7 10/26/00