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
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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
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,-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�
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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
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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,
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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.
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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
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to a neighbor caused by run-off from the roof of the proposed structure.
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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
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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.
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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
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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.
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Add a condition that the adjacent neighbor provide a letter to the city stating that
qtructure before a building permit is issued.
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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.
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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
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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
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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
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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.
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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:
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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:
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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
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