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HomeMy WebLinkAbout05/24/2001MEETING C' AKathy BOA\PtJBHRGS\O I 0524cont,wpd CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT AGENDA May 24,2001 Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of Adjustment on May 24, 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. WA-01-03: An application filed by Compass Montessori for approval of a 1 5 foot front yard setback variance from the required 30 foot front yard setback resulting in a proposed 28.5 foot front yard setback for property located at 10399 West 44 Avenue and zoned Restricted-Commercial (R-C). B. Case No. WA-01-07: An application filed by Abundant Grace Fellowship for approval of a waiver to the parking lot buffer requirement on the northern parking lot of property located at 4535 Wadsworth Blvd. and zoned Residential-Two (R-2). C. Case No. TUP-01-0 I (continued from April 26, 2001): 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 Young field Street and zoned Planned Commercial Development (PCD). C:\Kathy\80A\Agendas\0 1 0524. W [Ifs CASE NO. & NAME: WA-01-03 /Compass CASE' IVIANAGER: Mary Austin ACTION REQUESTED: Request for a one and a half (1.) foot front yard setback variance from the thirty (30) foot front yard setback requirement for the purpose of accommodating a school addition. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT(S): 10399 West 44 Avenue, Compass Montessori School 10399 West 44 111 Avenue Wheat Ridge, CO 80033 APPROXIMATE AREA: 1.77 acres PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: R-C, Restricted-Commercial; & A-1, Agricultural-One Public Charter School N. R-2A & PRD, S: and E: PRD, & W: C -1 & R-2 N. Multi-Family Residential & Vacant S. and E: Multi-Family Residential W: Commercial & Duplex Residential DATE PUBLISHED: May 4, 2001 DATE POSTED: May 10, 2001 DATED LEGAL NOTICES SENT: May 10, 2001 JUIUSDICTION: 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. 1. REQUEST The property in question is located at 1.0399 West 44" Avenue and is currently being used for a Public Charter School. The property is zoned R-C, Restricted Commercial (west) and A -1, Agricultural One (east) (Exhibit 1, Zoning Map), SITE PLAN The property is nearly square in shape and has frontage on both W. 44" Ave. (south) and Miller St, (west). In May, 2000, a Conditional Use Permit was granted to Compass Montessori for an expansion of approximately 10,300 square feet for the school. The approved site plan for the Conditional Use Permit showed the new addition in compliance with the 30 foot front yard setback. The addition was not built to plan specification, and upon completion, it was discovered that the foundation wall of the building encroached by 1, feet into the required front yard setback. The applicant has submitted a site plan showing the current location of the new building and the 28.5' foot front yard setback. (Exhibit 3, Site Plan), The applicant has also submitted a letter outlining the reasons for the requested variance (Exhibit 4, Applicant Letter). If the variance is denied the applicants have stated that renovations would delay the start of school in the fall, and could drastically affect the school's income. The variance is a result of errors made by the architect and general contractor, HL VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: Can the property in question yield a reasonable return in use, service or income if Board cat Adjustment Page 2 WA-0 1 -43 1 Compass permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the variance is denied the use of the property for a school could still continue. However, denial of the variance request would force the school to relocate the exterior wall of the new addition 1.5 feet to the north in order to come into compliance with the 30' ftont yard setback, The renovation process would temporarily displace students and faculty. 2. If the variation were granted, would it alter the essential character of the locality? Approval of this request would not alter the essential character of the neighborhood. The IS encroachment is on the south side of the school in the front yard setback, which frolits West 44 Avenue, The encroachment is minor and would have no impact on surrounding properties. 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 lot in question has a typical rectangular shape and is relatively flat. It has not resulted in a particular hardship for the owner, 4. Has the alleged difficulty or hardship been created by any person presently baving an interest in the property? would have no affect on public safety. The use of the property will remain as a school regardless of the outcome of the variance request so it will have no impact on increasing congestion in the streets. The requested variance should not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 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 individual benefit on the part of the applicant, or would granting of the variance resul in a reasonable accommodation of a person with disabilities? I 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 community. Approval of this request would not result in the reasonable accommodation of a person with disabilities. rect on the public's welfare. Therefore, staff recommends APPROVAL for the following reasons: Board of Adjustment Page 4 WA-0 1-03 1 Compass Mi. a Park r cue LAND Planninc and De\clopnient DeParm tem 75o %Ve�t 29(h Whe- Ridge, CO -�W33 Phone 303 23,5 1 ican t 1 ll iuM Address 6�q I f 4 i47� Ace Phi, Citv S tate Zip F ax a � i Owner Address Phone City State Zip Fax Contact­• Address Phone c1tv State Zip Fax ,T�e person lasted a. contact will be contacted to ans%ver questiom regarding this application. provide additional information When neccessar%, post public hearing signs. and Will receive a cody of the staff report prior ro Nearing.) Location of request ;address): 6(j, M a - - - ............ cert ik, that t he informat and exhibits herewit It submitted are true and correct to the best of my knowledge and that in Ning this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the Z equested action cannot lawfully be accomplished. Apphcants other than owners must submit Power from the %vner which approved of this action on his behalf. ignature of Applicant X -11-- "IM -0 77 Tb, ad"unssratom teaci'erf' Munresjort School aim re) nurture the wbole cbi4i, to meet ea,-b ;rudeni.r unique inrellecrua4 esnorio=4 soc;4 playsica4 and` iPiriteal neeas. Our goal is to faster csim�petent, responsible, and pendenr citizens who are innovative problem solvers, .4t Compass zlyloneisori, students will Yearn to respect the selves, other people. and the environment. In addition, we will strive to instill a qe-long love or learning in every student. 10399 West 44th Avenue VAeat Ridge, CO 80033 (303) 420-8288 email: compass@jeffco.kl2.co.us website: hup:1120 services/schools,htmi Alan White, City Planner City ot"Wheat Ridge 7500 West 29' Avenue Wheat Ridge, CO 80215 Please accept the enclosed Land Use Processing Application. Compass Montessori School at 103 '99 W, 44"' Avenue is requesting a minor variance from the 30' setback requirement along 44"' Avenue. The school is requesting an administrative variance of 28.6 feet from the required 30-foot setback. Please feel free to call if you need further information. Sincerely, Richard Fulton, Principal Compass Montessori School RE01- A PR 22 r N CASE NO. & NAME: WA -01 -07 CASE MANAGER: Travis Crane NAME & ADDRESS OF APPLICANT(S): Abundant Grace Fellowship Church 4535 Wadsworth Boulevard Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER(S): same SURROUNDING LAND USE: N:& W. Medium Density Residential S: Commercial E: Church COMPREHENSIVE PLAN FOR THE AREA: Neighborhood Serving Retail DATE PUBLISHED: May 4, 2001 DATE POSTED: May 10, 2001 DATED LEGAL NOTICES SENT: May 4, 2001 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 4535 Wadsworth Boulevard and is currently zoned Residential-Two (R-2) (Exhibit 1, Zoning Map), The property is currently being used as a church. The parking lot addition was approved for the church in June of 2000, and as a condition of approval, the buffer was to be constructed upon completion (Exhibit 4, Building Pennit). The property to the north is t same length and roughly half the width of the applicant's property. The fencing which was required woul buffer the back yard of the house to the north. This back yard is currently being used as garden land. IL SITE PLAN The applicant has submitted a site plan detailing the new parking as well as a six foot fence to screen the parking lot (Exhibit 5, Applicant Site Plan). The proposed fence would have been constructed to match the existing chain link fence on the west side of the property. Staff has not received objections, but a letter of support was submitted by the neighbor directly to the north (Exhibit 6, Neighbor Letter). 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? If the request is denied, the property may still receive a reasonable return in use. The church may incur additional cost to construct the buffer, but it may still be used as a church, MMEMM30 MM 3. Does the particular physical surrounding, shape or topographical condition of the specill 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 carrie out? This lot does not have any particular physical condition creating a hardship. It is rectangular In shape and relatively level. The hardship involved with this variance is strictly monetary. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? IIIII IIIIIIIIIII IIIIIIIIIg I III! III! I 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? i i waivF7 ot cR ute to Ine n Ri UM77F community in any positive fashio This waiver was requested based • a desire to save money, This waiver would not result in a reasonable accommodation of a person with disabilities. I Board of Adjustment Pa 3 WA-01-07/Abundant Grace Fellowship Upon review of the above request, staff concludes that the above criteria are not supportive of the waiver request. Staff has found that there are not unique circumstances attributed to this request that would warrant approval of a waiver. Therefore, staff recommends DENIAL for the following reasons: I . Approval of the waiver could possibly alter the essential character of the locality. 2. This waiver is based solely on a desire to save money. 3. The buffer requirement was an original condition of approval of the parking lot, Board of Adjustment Page 4 WA-01-07/Abundant Grace Fellowship 446TH AVE L.i ..���� � � .. °*. ��"' y . , rya :..+s,..,�..„ ..�.� E T 7 Pu 14 47TH A'Ylg e . 4.i Ll L E. �l i [ 0 li 46T�4 AVS M4 .... Ain RC-1 W 46TH AVE 45W 4 W 46TH CQ. 5w Kz MMaM I a"ARTWVT T RAWM ANV . 23y.7462 W 46x4 AVE 1 -2 446TH AVE L.i ..���� � � .. °*. ��"' y . , rya :..+s,..,�..„ ..�.� E T 7 Pu 14 47TH A'Ylg e . 4.i Ll L E. �l i [ 0 li 46T�4 AVS M4 .... Ain RC-1 W 46TH AVE 45W 4 W 46TH CQ. 5w Kz MMaM I a"ARTWVT T RAWM ANV . 23y.7462 Type of action requested (check one or more of the actions listed below which pertain to your request.) '4P#1C&1I submitt01 mquireRWAfs on rem-se side Change of zone or zone conditions Special Use Permit Conditional Use Permit F Subdivision: Minor (5 lots or less) Consolidation Plat H Subdivision: Major (More than 5 lots) D Flood Plain Special Exception E Preliminary EJ Final E interpretation of Code Street Vacation Lot Line Adjustment Temporary Use, Building, Sign Nonconforming Use Change Variance / Waiver (from Section Planned Building Group Zoning Ordinance Amendment Site Development Plan approval i Other: Detailed description of the request: :E419 LI -4 +L��; f19L �6 �Asjj ±Q ,-3 ^ Y7 t) 11 4 4 0 AA eW, f ^4 e4t,.* A ko J t- `1A ri t^O ?SA L.,A<O� 11 ................ Required infonnation: 60 0 i Assessors Parcel Number: Size of Lot (acres or square footage� Current Zoninq: Proposed Zoning: s,2 C, Current use: Proposed use: MEMMM��� Date received-----L]� �//O �/ Fee S Receipt No 109 Case No. Comp Plan Desig, Zoning Quarter Section Mao AJJ Related Case No—, Pre-A•• Mtg Date Case Manager - to A As a Church our resources are limited and we are interested in avoiding th unnecessary expense if at all possible. However, we will, of course, promptly abide your ruling if you should decide to deny our request. I Your consideration of our request is much appreciated. I Sincerely, 0 A Property Owner: Property Address 4535 WADSWORTH M 10624 � 6/5/2000 Company � Collegiate Contractors Inc. Phone: 425-1295 ffl� I= BUILDING DEPARTMENT USE ONLY SIC Sq. Ft. Approval MR 6/2/00. fence required along northern parking lot, boundary by Zoning R-2 separate permit Please "Note. Owner / contrnctor is r. p s Blifildlln Im lines and C' � Approval: OK/DM - auidard, , P 5/31/00 - Please see review sh'eetf6r comments Ap pro al OK /MG Occupancy: Walls Roof: Stories Residential Units Electrical License No Company: Plumbing License No Company : Expiration Date Approval : Mechanical License No Company: 00, �*#' js s -�HAJN LINK FENCE fi° FENCE TO 'S<PIMN 8� (TYP (Typ 127 • EXSMNC CHUR04 SALDINO WADSWORTH 9-VO, CLASS 8 ROAD BASE 141ilLogo -Ep L EGEND D»ST. RET. WALL EVST ASP44ALIT EXSTINO CURE PAVO4INT L'i FENCE CVMEA0 UTILITY POLE OVV:64EAD UTILITY POLE ra EXtSnNq EYERGREEN TREE` DECIDUOUS T TREE CONTOURS Li L- w PROPOSED EX CONTOURS - 4900,0 5;C. WALX cn E NG EDGE OF ASP — ALT — — — — — — z C 15 PROPERTY LINE cc c� < (APPROX. LOCATION) EX GRASS EXISTING CHAIN UNK FENCE I I PROPOSED SCREEN D»ST. RET. WALL EVST ASP44ALIT EXSTINO CURE PAVO4INT L'i sm FENCE CVMEA0 UTILITY POLE OVV:64EAD UTILITY POLE ra EYERGREEN TREE` DECIDUOUS T TREE sm ra Li L- w Li • cn z C 15 cc c� < Li L- w Li cn z C 15 cc c� < The area of my property that is immediately adjacent to my neighbor's parking lot is a plowed garden. There are no houses on my' property or any adjacent properties that would be affected by the headlights of their parking lot traffic. The shield of the privacy fence is not necessary. I am opposed to such a fence being built between our properties because it would deny a convenient access to the back part of my property that my neighbors have allowed me use. Sincerely, C ) ( f ib CASE NO. & NAME: TUP-0 1 -0 1 /Wal-Mart CASE MANAGER: Travis Cranelv ACTION REQUESTED: Approval of a temporary use permit for the purposes of conducting a temporary outdoor garden sale for thirty days. LOCATION OF REQUEST: 3600 Youngfield Street NAME & ADDRESS OF APPLICANT(S): Wes Lane it NAME & ADDRESS OF OWNER(S): Wal-Mart 3600 Youngfield Street Wheat Ridge, CO 80033 APPROXIMATE AREA: 438,731 square feet, 10.1 Acres PRESENT ZONING: Planned Commercial Development (PCD) PRESENT LAND USE: Commercial business SURROUNDING ZONING: N:& E: Residential-One A (R- I A) S: Residential-Two (R-2) W. Agricultural-One(A-1) SURROUNDING LAND USE: N: S:& E: Single Family Residential W. State Highway COMPREHENSIVE PLAN FOR THE AREA: Community Commercial Center DATE PUBLISHED: April 6, 2001 DATE POSTED: April 12, 2001 DATED LEGAL NOTICES SENT: April 12, 2001 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. 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 IL SITE PLAN oT Tive pnone calls were made to the City to 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. 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-0 1 -0 1 /Wal-Mart Board of Adjustment Page 4 TUP -O 1 -01 f Wal-Mart 5*lte C-1 ZONE 0ISTQtCT 50UNVQ'Y PAQCELALOT 5OUNC>RY DE-5IG NAT E5 ONNEQ!5HIP) CITY LIMIT LINE • Dr-NOTES MULTIPLE AXPE55E5 �AVOW OF PL#MNG AW T - 2365 2 Owner address P3'` ore City. State Zip Fax Contact s t Address 36 op a t t un Phone t ftw ; � Mate tv t Zf F Fax t ' - - iZo--7 ooS gun s ed as contact -tll be confactled to ans rer g uestions rearding t, � '� � � it @� a pplication, ,`Jr�7VICSe a,.ditionai tnforEii„t,Gn ': post public nearin.0 sins. and will r ceive a copy of the Staff report prior to Public Hearing,) L ' C.'.flGr wt e eft a r `J ;: 633 '(x13 -1 L , Type of action requested ,check one or more of the actions listed below which pertain to your request.' r+lppiicvtian submittu! requirements on reverse side Chance of zone or zone conditions Special Use Permit Conditional Use Permit 7 Subdivision Minor 15 lots or less) Consolidation Plat Subdivision. Major More than o lots) Flood Plain Special Exception I Preliminary Final ` Interpretation of Code ' `" ' fl Street Vacatio Lot Line Aa :stment ~_ Temporary Case, Buildin' Sflcrn onconformina Use Change 1 Variance / Waiver ( °roil; 4 ect on l Planned Buildinc Grouo ;`�` , Zoning Ordinance Amendment Site development Plan approval Other. t(t( Detailed description of the request, ,+C.fa.�... P' �. : i { t i J�3 t J 1° ( r t i S[ INCERELY, WESLANE STORE MANAGER mill W AT - I Z City • Wheat Ridge Planning and Development Department Memorandum TO: Case File FROM: Kathy Field ALril 19,2001 On 3/20/0 1, 1 received a call from Gary McCulloch of 3395 Wright St. regarding the notice he received for Case No. TUP-01-01. His concerns were mainly code related. Infact, his wife had called into the Code Dept. two weeks prior to complain about the trash and rats behind Walmam Petsmart and King Soopers, It was mainly Petsmart's trash (pet food) that attracted the rats. He also commented about the "trucks" delivering too early, too late, all the time and trucks idling too long. I asked him to clarity whether they were garage trucks or delivery trucks, but it didn't seem to matter to him what they were. George Schreiber 3375 Wright St. Mr. Schreiber is against the TUP due to the already excessive traffic behind Walmart. mum 3803 Wright St. Mr. CuIna 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 3/19101 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. Culna has a problem with the trucks delivering late at night (12-1 a.m.) and running all night. a M011 City of Wheat Ridge Memorandum TO: Applicant; File I 1 1 111 1 11; Emu= DATE: 14 March 2001 Pursuant to Section 26-115 (D) of 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 of 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: Case No. TT—JP 01-01 is hereby : 0 WITHOUT CONDITIONS Note: If the use is conducted for 30 days in conformance with the approved plan and any conditions, the applicant may app « « ermit ','not to exceed-Z-"rmm�- �* of this permit. vtr\ EXHIBIT 6, 0 14 �� � 0 - 7 7..ET-- - rt! �vc z I VILLAGE OPPING CENTER - PLANNED COMMERCIAL or VELOPMFMT.. U PLAN * T OFFICIA# PLAN, AMENOM -Si- L ALL OF THREE PARCELS OF LAND Lc ENT as, pli A S;ch T V WTW4 A" F � ,� C* ` R T CORKA4, (TIP,) '2700* t� urrsoIy 'T 0 M I C11#41 BEGIN CONSTR UCION — .VLY 1, 199A PA?, C"4APLETIN OF CONSiR — FEBRUARY, 1995 11978 w * 3 5 TR AVE 1 0,67 . - — ------------- % OR SE I F40, -S4. c ts"d v J 20 PLAN e' ON ?9. TG 3 SOUTK RANGE 69 *EST OF TM K: N.W. 1/4 F fwlbk JL -TEW S 5� T LEGEND IN THE 6 TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE. coUNTy OF 17FZR SON. w A MW ANO uv AGE 3 z ��LTRfEES WE PLAN STATE OF CoLoR tl - 1 / ' 2 - C4t,) -?*, c" 4- CITY or gN�Aj- E#VorN _ __ ED n�P k __S _A4,1 AE WLt ll�m 0"EP (71 S' SOE Zs LW t c ,ANCSC��' AND'op T a'cov SMAa- W (Ao) QjAft M--LS —X—,— cas'nK L*� MZ rAX MCC 'W ZVS 1�kc )"REES PIP ro RE , go Lloc AtWosm Kw= 00 1407 ER-,-,R Ro- SCREENaN', ON ' ARICATE-, SX WS EXT ONL�p ws. 14700 S OOR Z — — — .+... — — AREA 4 S.F- 9 1 ; -:1 � , I AW� **-*.K tv- rG. *0 40" UOOfFiES &4,AL�. No- C CEN RE T O EAST OR NOR A SERu !$;,AMOS S t i L. "-a- SE Rr-X;A—'� SE W-'DCAM amr*4 =6� EXPANSION AREA " cN.0" Fl, V-'Ls M)F, RiJM V RELOCATED— a Z2 94 ftes r- 1-5 Wk To AcAmm GRAPE STAKE 22 EXST, $UK.OINC *ALL/ a I'DICE S;ch T V WTW4 A" F � ,� C* ` R T CORKA4, (TIP,) '2700* t� urrsoIy 'T 0 M I C11#41 BEGIN CONSTR UCION — .VLY 1, 199A PA?, C"4APLETIN OF CONSiR — FEBRUARY, 1995 11978 w * 3 5 TR AVE 1 0,67 . - — ------------- % OR SE I F40, -S4. c ts"d v J 20 2. ROLL CALL Members Absent: Kent Young The following is the official set of Board of Adjustment minutes for the Public Hearing of April 26, 2001. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. Alan White introduced Paul Drda, new Board member from District 1; Travis Crane, Planner; and Mike Pesicka, Planning Technician. 3. PUBLIC FORUM There was no one signed up to speak. 4. APPROVAL OF AGENDA Alan White informed the Board that representatives for Wal-Mart were not present for the hearing of Case TUP-01-01. He also requested that Case No. WA-01-06 be removed from the agenda because the application had been withdrawn. It was the consensus of the Board to move ahead with the agenda and hear the Wal-Mart case later in the meeting if representatives were present. Em A. Case 01-01 - An application filed by Shayne Ankoviak for approval of a I 0-foot side yard setback variance from the required 15-foot side yard setback resulting in a proposed 5-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 nd Drive. In response to a question from Board Member ABBOTT, Travis Crane explained that three or four houses in the neighborhood have encroachments of side yard setbacks which were in existence before the city's incorporation and that there is one house located three houses north of the applicant which received a variance for a side yard setback in 1993. Board Member ABBOTT asked for clarification regarding potential problems for neighbors if the variance were granted. Travis Crane explained that staff did not believe property values would be im: • acted; however, there could be potential drainage problems P to a neighbor caused by run-off from the roof of the proposed structure. Board of Adjustment Page 2 04/26/01 Board Member MONTOYA expressed concern about ice encroaching into the neighbor*s driveway caused by shade of the proposed structure. Mr. Ankoviak replied that there would be no difference in the amount of ice on the neighbor's driveway, In response to questioning from Board Member ABBOTT, Mr, Ankoviak replied that he plans to build the garage from materials that would match the house. There were no other individuals present who wished to address the Board. Upon a motion by Board Member BROWN and second by Board Member ABBOTT, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-01-01 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 no protests registered against it; and l�1:1111:�ili��'i�!31-UAU#Iiltuat��atu M - IN � 111M Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-01 -0 1 be, and hereby is, approved. Type of Variance: Ten-foot side yard setback variance from the required 15-foot side yard setback resulting in a proposed 5-foot side yard setback for the purpose of constructing a garage addition. Board of Adjustment Page 3 04/26/01 For the following reasons: 1. The addition would be more in line with the existing character of the neighborhood. 2. The proposed addition would be located on the west side of the property, whereas on the cast side the city forester indicated there would be a problem in removing four mature trees. With the following conditions: I The addition must be compatible in design and building materials to the current existing structure of the house. 2. The building inspectors will address the drainage issue before the building permit is issued. The Board recognizes that there are other properties in the immediate f Letters/petitions of support for the desirability of the additional garage and for support of the 10-foot encroachment have been submitted by eleven immediately adjacent neighbors. Also expressed by these neighbors was the opinion that the addition would "enhance the value of our homes." a disability as described in the application. IMSI• =11 • NISSAN& Add a condition that the adjacent neighbor provide a letter to the city stating that qtructure before a building permit is issued. ED= Board Member ECHELMEYER stated he would vote against the application because he did not believe there is evidence of a valid hardship in this case. Board of Adjustment Page 4 04/26/01 Board Member MONTOYA wanted the record to reflect that he recognizes a medical hardship in this case. Chair HOWARD advised the applicant that approval of the request would require six affirmative votes. The motion failed by a vote of 5-2 with Board Members ECHELMEYER and HOWARD voting no. # # In response to a question from an individual in the audience, Alan White advised that the sign posted on the property would be changed to reflect the new hearing date; however, because it has been postponed to a date certain, it would not be necessary to send out new letters of notification. Tom Stano 6295 West 42n Avenue Mr. Staro, the applicant, was sworn in by Chair HOWARD. He stated one of the reasons for his desire to build a garage is to get his vehicles off the street. Because he lives on a Board of Adjustment Page 5 04/26/01 Mr. Stano explained that existing easements would prevent this option. Board Member HOVLAND expressed concern with the size of the requested variance and would be more inclined to vote for a lesser variance. Mr. Static, suggested that he could move the front yard setback a few feet. Debra Stano 6295 West 42n Avenue Ms. Stano was sworn in by Chair HOWARD. She stated that building a garage in the back yard would destroy the ambience for all of the adjacent neighbors, Board Member DRDA commented that he believed the proposed structure would significantly change the look of the neighborhood. Board Member BROWN shared concern about the large size of the structure which Would be too close to the street. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, Board of Adjustment Application Case No. WA-0 1 -04 is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment Page 6 04/226/01 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 not be granted 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-0 1 -04 be, and hereby is, denied. Type of Variance: A 22-foot front yard setback variance from the required 30-foot front yard setback requirement resulting in a proposed 8-foot front yard setback and a 1-foot side yard setback variance from the required 15-foot combined side yard setback resulting in a proposed 14-foot combined side yard setback for the purpose of constructing a detached garage. For the following reasons: The motion to deny passed by a vote of 7-0. D. Case No. WA-01-05: An application filed by Paul Mintken for approval of a 12- foot side yard setback variance from the 30-foot side yard setback requirement Board of Adjustment Page 7 04/26/01 when abutting a public street, resulting in a proposed 18-foot side yard setback. for the purpose of constructing a garage addition for property located at 3071 Union Street and zoned Residential-One. The case was presented by Mar) Austin. She reviewed the staff report, presented slides and overheads of the subject property, and reviewed variance request evaluation criteria. All pertinent documents were entered into the record and accepted by Chair HOWARD. She advised the Board that there was jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. In response to a question from Board Member DRDA, Ms, Austin explained that her visual inspection of the site revealed an extremely steep driveway on the north side. The neighbor across the street from the applicants driveway expressed concern about vehicles running into her home from the driveway. Paul Mintken 3071 Union Street Mr. Mintken was sworn in by Chair HOWARD. He stated that several options have been discussed with designers. The steep driveway facing north is extremely hazardous during the winter and they would like to improve this situation. He contacted all of the neighbors and gave them opportunity to review the blueprints. The neighbors are highly in favor of the application. Board Member ABBOTT inquired about the adjacent neighbor who lives within Lakewood city limits. Mr. Mintken replied that he has contacted this neighbor., also, and he is also in favor of the application. Chair HOWARD inquired about plans for the front yard if the application is approved, Mr. Mintken replied that, once the present driveway is removed, he would build a 3 1 " Place. Mr. Mintken indicated that he would have no problem with a condition which would require removal of the present driveway within 90 days of receiving a certificate of occupancy for the new garage. Stacie Mintken 3071 Union Street Mrs. Mintken was sworn in by Chair HOWARD. In response to an earlier question by Board Member ABBOTT concerning the neighbor's view if the variance is granted, she explained that the garage would face the neighbor's garage. Board of Adjustment Page 8 04/26/01 Upon a motion by Board Member ABBOTT and second by Board Member MONTOYA, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer-, and Whereas, Board of Adjustment Application Case No. WA-01-05 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 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 Case No. WA -01 -05 be, and hereby is, approved. Type of variance: Twelve-foot side yard setback variance from the 30-foot side yard setback requirement when abutting a public street in an R -1 zone for the purpose of constructing a garage addition. For the following reasons: Board of Adjustment Page 9 04/26/01 6. It would not negatively alter the essential character of the surrounding neighborhood. 7. It could result in a benefit to the neighborhood by correcting the potentially unsafe driveway conditions. With the following conditions: EMECM 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. A. Approval of Minutes - It was moved by Board Member HOVLAND and seconded by Board Member ABBOTT to approve the minutes of October 26, 2000. The motion carried unanimously. B. Election of Officers - Michelle Brown was elected as Chair and Jerry Montoya was elected as Vice Chair. C. Bylaws - There was consensus of the Board to have the City Attorney review t Board of Adjustment Bylaws, particularly as they relate to procedures to be followed when an applicant fails to appear, I 8. ADJOURNMENT � 1TfX'j W W XAW, W 3 IF To a n Board of Adjustment Board of Adjustment 04/26/01 Ann Lazzeri, Secretary Board of Adjustment Em