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Home My WebLink About08/16/2001f"rof'T Minutes of Meeting July 19,2001 CALL THE MEETING TO ORDER The meeting was called to order by Chair McNAMEE at 7:30 pm., July 19, 200 1, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Janice Thompson (excused) Mark Miller Alan White, Planning Director Ann Lazzeri, Secretary Planning Commission Page I July 19, 2001 6. PUBLIC FORUM There was no one to appear before the Commission A. Case No. Z1 A-01-01: (continued from July 5,2001) — An ordinance amending Article 11 of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District. Alan White reviewed the staff report comparing the public facilities and conservation zone districts. Alan White explained that when Chapter 26 was adopted, Council gave direction to staff to come up with regulations for a conservation zone district. No other direction was given. Since it is a change to Chapter 26, the Planning Commission is to review it and forward, recommendations to City Council. It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that the ordinance amending Article 11 of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a Conservation Zoning District be recommended to City Council for approval. rmitted Accessory Uses to read "benches, picnic tables, and shelters. The amendment was accepted by Commissioner COLLINS. Commissioner SNOW offered a friendly amendment to add item 'IF" under Permitt Accessry Uses t read: f. Willife observtion decks ndplatforms nt t include b docks. The amendment was accepted by Commissioner COLLINS. I o o d a a o o exceea fflV7 - t-S4rf VXFATj parking I. The amendment was accepted by Commissioner COLLINS. Commissioner BRINKMAN expressed concern that this ordinance is too limited to be applied to private property. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that the following language be added to B. Permitted Uses: Private Prope : Permitted accessory usesfor private properties governed by this subsection B must be neededfor and clearly accessory to the natural conservation purposes of this zone district and of the specific property. Such uses shall include only: The following uses should be listed under this Planning Commission Page 2 July 19, 2001 section: benches, picnic tables and shelters; and wildlife observation decks and platfornts nJ t to include boat docks. Further, under C. Prohibited Uses: Change the language to read: All uses not classified as Permitted or Accessory Uses by this Section are prohibited within a Conservation District. III 111 1 rgu=a "IMITUra-W971 TIMM Commissioner COOPER offered a friendly amendment to the original motion by C-Tm"ks!'1110e4u��3t A as follows- within a Conservation District exceptjor noxious weeds as defined in state statutes. The amended motion passed 6-0 with Commissioners THOMPSON and MILLER absent Commissioner SNOW stated that she did not believe any side yard setbacks should ever be less than five feet. allowed to encroach into a setback. She expressed concern that the R-1 C zone district has smaller lots and severe setback restrictions would make it impossible for homeowners to expand their houses. Commissioner BRINKMAN stated she would not I setbacks for new construction and less restrictive setbacks for a "pop-top" to an existing structure. R M I I RALVA It M #BM4.4 Rag I I a • go 1 mnm I I (W. I I Lmr. law tw go I tom w" # 1 irg 1 1 Planning Commission Page 3 July 19, 2001 It was moved by Commissioner SNOW and seconded by Commissioner WEISZ that side yard setbacks in the R-IA zone district be changed from five feet to ten feet. The motion passed 6-0 with Commissioners THOMPSON and MILLER absent. s V irg C-AVAIINW-1 RIIII4 I U-1 I gmuoilwMang- • M I IFY11 III A�7= - Mlw , t ' % I A. Economic Development Commission — Chair McNAMEE reported that the Economic Development Commission did not hold meetings during June or July. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner COLLINS and seconded by Commissioner COOPER to adjourn the meeting at 9:15 p.m. UnNym 1 J -2= on a= FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-02, Residential Setback Standards At the July 19' Planning Commission meeting when this subject was discussed, the Commission gave the following direction: Although this case is scheduled as a mblic he arm . staff is re 9&qt At a minimum, staff recommends to keep the exceptions for eaves and porches, decks, patios and balconies as currently written. For new construction, the setback is I Ofeet or 5feet per story, whichever is greater. For additions, either ground level or second story, the required setback is the setback • the existing structure or the required minimum of I Ofeet, whichever is smaller. What is the setback for a two-story addition to an existing one story structd side lot line in the R-IB zone district? If you can answer this question, we'll sign you up to do volunteer work answering setback questions at the front counter. The information you were presented as to the number of variances granted by the Board of Adjustment appears to be dated. Last year, the w 6 setback variance requests. Five were approved. Generally, the approved requests involved garages and comer or irregularly shaped lots. This year, five setback variance applications have been submitted. One was ♦ #� withdrawn, two were approved and two were denied. Six of eight BOA meetings this year have been canceled due to lack of any cases to hear. R Change the R-1 A side setback to Do not change any other setback requirement except as noted below. Do not change any of the setback exceptions. CAMyFiIes\WPFiIes\C0DE\res setback revs PC.wpd TO: Planning Commission FROM: Alan White, Planning and Development Directoll 9 « • a I I This is the case for other approvals as well. For example, nowhere in the Code is it stated that it is a violation for failure to comply with a condition of approval • a variance • subdivision. Section 26-1004, Violations, of the Code states: 111� pll� IIIIIIIIIIIIII I'll; 1111111111111 liplill ii ill Fill C:\MyFiles\WPFiles\Projects\zouing Amtndmcnts\PD enforcemeut PC.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE • LAWS TO PROVIDE FOR ENFORCEMENT OF VIOLATIONS OF CHAPTER 26. WHEREAS, the Council has recently approved a comprehensive revision of Chapter 26 of the Code of Laws, concerning land use, zoning and development, and WHEREAS, the Council wishes to provide for enforcement of Chapter 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Wheat Ridge Code of Laws entitled Section 26-1004 "Violations" is amended by the addition of a new subsection B; the entire section, as amended, to read as follows: ANY APPROVAL OF THE CITY COUNCIL, PLANNINj COMMISSION, OR BOARD OF ADJUSTMENT. 2. ANY CONDITION OR STIPULATION IMPOSED ON ANY REQUEST APPROVED BY CITY COUNCIL, PLANNING COMMISSION, OR BOARD OF ADJUSTMENT. 3. ANY SITE DEVELOPMENT PLAN, BUILDING PERMIT ' CERTIFICATE OF OCCUPANCY, CLASS 1 FLOODPLAIN PERMIT, OR 30-DAY TEMPORARY USE PERMIT APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT. 4. THE CONDITIONS OF APPROVAL OF A SPECIAL USE PERMIT. Section 3. Severabilitv; Conflicting Ordinagges Repqp1pd. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or *therwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. !'iNTRODUCED, READ, AND ADOPTED on first reading by ,vote of to on this day of , 2001, ordered published in GED\53022384393.01 2 full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 200 1, at 7:00 o'clock pm., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of ,2001. SIGNED by the Mayor on this day of ------ - 2001. Gretchen Cerveny, Mayor First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 0 0 It Le=, 1500=1 01" 1 �- GED\53027k384393.01 3