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AGENDA
September 27, 2001
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Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado,
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3. PUBLIC FORUM (This is the time for anyone to speak on any subject not
appearing on the agenda.)
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PRESENT ZONING Residential -One C District (R -IC)
PRESENT LAND USE: Residential
SURROUNDING ZO G:
S, E, & W: R -IC
SURROUNDING LAND USE:
All surrounding laud use is medium density single - family
residential, (R.-IQ.
DATE PUBLISHED:
September 6, 2001
DATE POSTED:
September 13, 2001
DATED LEGAL NOTICES SENT:
September 13, 2001
ENTER INTO CQ
( ) COMPREHENSIVE PL
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
( } SLIDES
( ) SUBDIVISION REGULATIONS
(X) EXHIBITS
OTHER
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. QE ST
The property in question is located at 2941 Chase Street and is currently zoned Residential -One C,
R -1C (Exhibit 1, Zoning Map). A single family house which occupied the property has recently
been demolished.
II. SITE PLAIT
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IIIE UXI .. #
Regardless of the determination of • defined by Chapter • the proposed structure will
still .e a setback both the north and south sides. Request
proposed structure will be only • to the south. If Request C is granted,
proposed •
The lot in question has a typical rectangular shape and is relatively flat. The lot meets all
minimum requirements in respect to lot area and minimum frontage of the R- I C zone
district. There is a slight slope from north to South on the lot, however, it does not render
the lot unsuitable for building.
4. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
Yes, the hardship has been created by the owner. The owner has proposed a house that is
too large for the lot. A two story house with a buildable area of 2,550 square feet can be
constructed without the need for any variances.
5. Would the granting of the variance ► detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is
located, by, among other things, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or
increasing the danger of fire or endangering the public safety, or substantially
diminishing or impairing property values within the neighborhood?
The requested vaniance would result in an individual benefit for the property ow"mmner, an
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.
Staff has concluded that the requested variance would allow for a house to be built on a
lot that does not have the width needed for a house this size. Therefore, staff
recommends DENIAL for the following reasons:
1. The request could potentially alter the essential character of the locality.
2. The alleged hardship has been self-created.
3. The request could potentially impair adequate supply of light and air.
4. The variance would not result in an accommodation of a person with disabilities.
If the request is denied, the property may yield a reasonable return in service and income.
The property may still be used for a single family residence.
If the house were built as planned, it could potentially alter the character of the
neighborhood. The proposed structure will be almost 35 feet in height, and it would be
located only 12-5 feet from the existing structure to the: north. The height and mass of the
structure is out of scale with the neighborhood.
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. The lot meets all
of the minimum requirements for lot area and lot rontage r R-1 zone is ct.
There is a slight slope from north to south on the lot, however it does not render the lot
unsuitable for building per the zoning code.
4. Has the alleged difficulty or hardship been created by any person presently having
an interest in the property?
Yes, the hardship has been created by the owner. The owner has proposed a house that is
too large for the lot. A two story house with a buildable area of 2,550 square feet can be
constructed without the need for any variances.
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 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.
Staff has concluded that the requested variance would allow for a house to be built on a lot
that does not have the width needed for a house this size. Therefore, staff recommends
DENIAL for the following reasons:
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Th is variance request is:
Ao e the first floor
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.th the two (2) story setback be 'can the south side and
.that the two () story setback be 10' on the north side.
*HEM; LAND USE CASE PROCESSING APPLICATION
Planning and Development Department
7500 West 29 Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
OR 4 rrr�444r IN& AW M
I print or typ
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Applicant 09&*-S Address 2 ckfL 52r, Phone 3
C ity State W Zin jf(9* Fax
PU �ic hearing signs, and will receive a copy of the staff report prior to Public Hearing.)
Location of request (address): 2-14 1 0 om cr
Type of action requested (check one or more, of the actions listed below which pertain to your request.)
Application submittal requirements on reverse side
• Change of zone or zone conditions
0 Special Use Permit
• Consolidation Plat
0 Subdivision: Minor (5 lots or less)
• Flood Plain Special Exception
0 Subdivision: Major (More than 5 lots)
Cl Interpretation of Code
0 Preliminary 0 Final
• Lot Line Adjustment
0 Right of Way Vacation
[I Planned Building Group
0 Temporary Use, Building, Sign
* Site Development Plan approval
g,Variance/Waiver (from Section
* Zoning Ordinance Amendment
0 Other:
Detailed description of request: A #,hE4 —
required information:
Assessors Parcel Number: � - 0 1 Size of Lot (acres or square footage):
Current Zoning: Proposed Zoning:
Current Use: Proposed Use:
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this action on his behalf
Signature of
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'Notary Public
My commission
Date received__V
ReceiptNo._J/7
1,1, Case No. (
Comp Plan Desig. Zoning? �—� Quarter Section Map__%5 46.Z
Related Case No. Pre-App Date Case Manager—!�2-E�
MY COMMISSION EXPIRES*
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TO: Board of Adjustment
FROM: Kathy Field, Planning Secretary
SUBJECT: Bylaws
C:\Kag BOA, CORRLSP1b Iawsrev.
7. The 8oard shall hear att appea4 f a request Lo relief from the "euirefflgLatsofthe
Zoning and Development Code by any person aggrieved by guch requirements 44te
Zoning Avdrn4rtistrator or BeHding4mreetor as provided .y
Appendix A. Seetion 2 of the Code of Law, of Wheat Ridge Code of Laws.
2. ° purporting to be rpi'..:i' a f or re shall
be 1 { as ft mere mtiee of ititention to 8eek rel jMgh until it is made
required (including • +•: documentatio
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signe one of the owners ntu*eppettr or his kr her assigned agent must appea and
present written consent to act for all owners, which consent shall be properly
• i ac
(c) Where property affectei is held in ownership by • i i • comp
associati partnership an agent must appear + ♦ pr esent
of authorization signed and acknowledged by a PRINCIPAL OFFICER of said
c orporation , company • ! or partnership empowering him or • act
p articular in the
54. The appell applican shall prove his or her case by presenting evidence in accordancr-i
with the provisions of Appen4ix i / •
65. The Board • be required 6 • • hearings on pro posa l s 1: which have
be en, approvedan denied within the previous twelve (12) calendar months, unless new
evidence pertaining to the ease' M �i �Mgs is submitted in writing which could not have
with due d presented at t g ri g in a h
IM
Adjusted Majority Vote Tabulation Table
3. The case may be continued, tabled or postponed by a vote of simple majority for an
indefinite period • time • for a given period • time. If the case is continued or ta• l
for an indefinite period of time, the case shall be reset and renotified. If the case is
continued or tabled for a definite time, no additional notice shall be given. I
N
renkotification of the hearin shall be required.
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Does the particular physical surrounding, shap or to o ra h cal condition
grantin fD Would the of detrimental to the p ublic
Amendments to these Rules of Procedure may be proposed and approved by the Board
of Adjustment at any regular meeting uptm the affirmative v ote of r majo rity
members 4 Copies of such amendments be filed with the City
forward Attorney and thereafter, t the City Council for • f
M
At the November meeting of each year, the Board shall elect a Chairman to preside at
meetings during the ensuing year, and ♦ Vice Chairman to preside at meetings during the
absence or disability of the Chairman. Neither the Chairman or Vice Chairman shall be
eligible to succeed himse4f or herself. In the absence of both the Chairman and Vice
Chairman, the senior member of the Board shall preside.
2. The Chairman, subject to these rules, shall decide all points of order or gRA procedure,
unless otherwise directed by a resolution passed by a simple majority of the Board
members present-ftf4he-time.
I The secretary, who shall not be a member of the Board, shall be provided by the City to
record minutes of meetings, assemble documents, duplicate reports, and perform such
other clerical duties as the Board shall from time to time assign. Such clerical employee
shall serve under the immediate supervision of the head of the department assigned to
work with the Board.
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The following is the official set of Board of Adjustment minutes for the Public Hearing of June
28, 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.
3. PUBLIC FORUM
There was no one signed up to speak.
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11 1 .
Upon a motion by Board Member MONTOYA and second by Board Member
HOWARD, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
For the following reasons:
1. The encroachment of the new addition would not alter the essential character
of the neighborhood.
Board of Adjustment Page 2
06/28/01
2. The requested variance would not impair the adequate supply of light and
air to adjacent properties.
3. It would not be detrimental to the public's welfare or injurious to other
properties in the area.
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is required next to properties that are low and medium density. The property to the west
is a multi-family property that does not fit into this requirement.
Board Member HOVLAND referred to a letter from the adjacent neighbor who was in
favor of the variance and suggested the possibility • installing a gate in the fence to
Alow the neighbor to have access to his garden area.
Board of Adjustment Page 3
06/28/01
Board Member ECHELMEYER expressed concern that a variance runs with the land,
and while the variance might not present a problem at this time, it could cause a problem
in the future when the adjacent property changes hands. Board Member HOVLAND
agreed with this concern.
Board Member MONTOYA advised the applicant that he would not support the request
for a variance. Mr. Crook agreed that this was his fault because he did not realize that e
could apply for a variance and did not deliberately intend to deceive the city.
TVT M 1-"MY rl Mr,
his property if the fence is built, but would be denied some convenience in entering the
#'
The applicant was advised that a super-majority of five affirmative votes would be
required for a motion to pass.
Upon a motion by Board Member MONTOYA and second by Board Member
ECRELMEYER, the following resolution was stated: I
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-01-07 is an appeal to th
Board from the decision of an administrative officer; and i
Whereas, the property has been posted the fifteen days required by law, and in
recognition that there were no protests registered against it and one letter was
registered from a neighbor in favor of it;
wim
Ridge.
For the following reasons-
Board of Adjustment Page 4
06/28/01
1. 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.
Type of Variance: A waiver from the requirement of the parking lot located
plelvevty unt
Exhibit 2 of the application and pursuant to Section 26-503(e)(1) of the code
requiring this fencing or vegetation buffer.
Whereas, Board of Adjustment Application Case No. WA-01-07 is an appeal to this
Board from the decision of an administrative officer; and
Board Of Adjustment Page 5
06/28/01
5. CLOSE THE PUBLIC HEARING
Chair BROWN declared the public hearing closed.
6. OLD BUSINESS
Board Member DRDA commented that his understanding • the bylaws was that
a super majority vote is required for approvals and only a simple majority for
denials. He cited item 2 under Article IV: Disposition of Cases. He requested
clarification from the city attorney on this matter.
Board Member MONTOYA expressed concern about making a motion for
approval when he plans to vote against it,
Board Member ECHELMEYER requested clarification regarding the requirement
for the Board to hear every case that comes before it (Article V, item 2).
Alan White asked the Board to consider changing the requirements for a quorum
from five members to a majority of the duly appointed members comprising the
Board at that time.
Alan White also asked the Board to consider changing the meeting time from 7:30
p.m. to 7:00 p.m. There was a consensus of the Board that the meeting time
remain at 7:30 pm.
C. Semi Parking Board Member HOWARD referred to signs that used to be in place
at 44` and Ward Road that stated semi's were not allowed to park on private
Board of Adjustment Page 6
06/28/01
property or public thoroughfares. He requested that these signs be posted again. Alan
will check into this.
It was moved by Board Member HOWARD and seconded by Board Member DRDA to
adjourn the meeting at 9:20 pm. The motion passed unanimously.
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Board of Adjustment
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Board 'of Adjustment
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