HomeMy WebLinkAbout09/26/13it� City of
BOARD OF ADJUSTMENT
AGENDA
September 26,2013
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on September 26, h 2013, at 7:00 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29 Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of gqieat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at
least one week in advance of meeting 4you are interested in participating and need inclusion
assistance.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
A. Case No. WA-13-16: An application filed by Sandra Sanchez for approval of a
request for a 20-foot (80%) variance from the 25-foot side setback requirement resulting
in a 5-foot side setback to allow a detached garage on property zoned Residential-Two
(R-2) and located at 4390 Newland Street.
A. Approval of minutes — July 25, 2013
City of
Wheati ge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Community Development Director DATE: September 26, 2013
CASE MANAGER: Wade Sanner
CASE NO. & NAME: WA -13 -16 / 4390 Newland Street
ACTION REQUESTED: Request for approval of a 20' variance from the 25 -foot side yard setback
requirement to allow the construction of a garage resulting in a 5' side yard
setback on property located at 4390 Newland Street and zoned Residential -2
(R -2).
LOCATION OF REQUEST: 4390 Newland St.
APPLICANT(S):
OWNER(S):
APPROXIMATE AREA:
Lisa Sanchez
Lisa Sanchez
10,110 square feet (0.23 acres)
PRESENT ZONING: Residential -Two (R -2)
PRESENT LAND USE: Residential (0.23 acres)
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
Location Map
Variance
Case No. WA -13 -16 14390 Newland St.
All notification and posting requirements have been met: therefore. there is jurisdiction to make a decision.
I. REQUEST
The property owner is requesting a 20 -foot (80 %) side yard setback from the north property line at the
residence at 4390 Newland Street resulting in a 5 -foot setback from 40 Avenue. The request for
variance is to allow for the construction of a detached garage on the north side of the property _
Section 26- 115.C.3 (Variances of more than fifty (50) percent) of the Wheat Ridge Code empowers the
board of adjustment to hold public hearings to hear and decide on appeals for variance from strict
application of the development standards pertaining to zone districts.
II. CASE ANALYSIS
The applicant, Lisa Sanchez, is requesting a variance as the property owner of 4390 Newland Street,
which is at the southeast corner of 44`" Avenue and Newland Street. Because it is a corner lot with
large setback requirements from both street frontages, the property is quite restricted for new
development.
According to the Jefferson County Assessor, the parcel has an area of 10,110 square feet (0.23 acres)
and currently contains a 1,650 square foot single family home. The property is zoned Residential -Two
(R -2), a zoning district which provides a high quality, safe, quiet and stable low to moderate - density
residential neighborhoods, and to prohibit activities of any nature which are incompatible with the
residential character (Sec. 26- 209.A).
The single family home is located on the southern end of the property, and has an existing shed on the
southeast corner of the property. The home was constructed in 1952.
The surrounding properties are a mix of commercial and residential uses 2, Zoning]. To the
west are properties zoned Restricted - Commercial (R -C) and used as a single family home and a
chiropractor's office. The properties to the northwest and north across 44'" Avenue, are zoned
Commercial -One (C -1) and are used as gas stations and a small office building. The properties to the
northeast and east are zoned Neighborhood - Commercial (N -C) and are used as a small beauty salon
and a residential duplex. The properties to the southeast, south and southwest are zoned Residential -
Two (R -2) and are used as single - family homes.
The property owner is requesting the detached garage due to lack of covered parking on the property.
The applicant would like to construct a 400 square foot detached garage. The current attached garage
was renovated into an additional living space for the home by a previous owner. No building permit
for this conversion was found.
With the proposed detached garage, the total lot coverage would be approximately 20 %, well below
the 40% maximum lot coverage threshold in an R -2 zoning district. The applicant would ideally like
to construct a detached garage adjacent to the north property line, with a new curb cut to provide
access onto Newland Street. There would be a 20 -foot long driveway at approximately 25 -feet wide
for access
Variance
Case No. W'A -13 -16 / 4390 Newland St.
4390 Newland Street - Lot Coverage R-2
District (R-2)
-a
to ile
Maximum
Land
Minimum Side
10,110
Sq.
P rim,
ry tructure
ry S t
=
6
1,50
F
Sq. t.
Yard Setback
Minimum Rear Yard
Height
Coverage
, M O W
Abutting a
Setback
Covered Porch
349
Sq. Ft.
Allowed Major
15,
1000 Sq. Ft.
Proposed Garage
25'
400
Sq. Ft.
(per unit)
10' if > Win height
Proposed
Accessory Building
12'
400 Sq. Ft.
42'
IZI
42'
IIIIIIIIIIIIIIIIE
. . . . . . . . . . . . . . .
2,399
Sq. Ft.
Proposed Lot Coverage
Maximum Coverage
Because the property is on a comer lot, any side or front yard which abuts a public street shall have a
minimunn setback of twenty-five (25) feet As proposed, the new
structure would not violate sight triangle requirements.
Sec. 26-209 Residential-Two
District (R-2)
Maximum
Minimum
Minimum Side
Maximum
Building
Front Yard
Yard Setback
Minimum Rear Yard
Height
Coverage
Setback
Abutting a
Setback
Street
Allowed Major
15,
1000 Sq. Ft.
25'
25'
S'if:510'in height;
Accessory Building
(per unit)
10' if > Win height
Proposed
Accessory Building
12'
400 Sq. Ft.
42'
IZI
42'
Variance 3
lCase Ya 14"A-13-16/ 4390 New/and.S"I,
1. The property in question would not 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 were denied, the property would continue to yield a reasonable return in use as it
would continue to function as a single family home. However, contemporary home owners
typically expect covered parking when purchasing a home.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
The design of the accessory structure is in character with the existing house. Adjaccnt and
surrounding properties in the neighborhood have detached garages on their propel The
proposed detached garage would include a long low roofline, large overhanging eaves, and a
simple rustic exterior,
Staff finds this criterion has been met.
3. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
The proposed detached garage is a substantial investment in the property which would not be
possible with current zoning setback regulations.
Staff finds this criterion has been met
4. The particular physical surrounding, shape or topographical condition of the specific
property involved results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
While the size and shape of the property are not irregular, the location of the property creates a
unique hardship. With limited access onto Newland, and side yard setback requirements, the
site has minimal options for access and location of a detached garage on the site. Along with
restrictions from lot line setbacks, the building code requires a 5-foot separation from an
accessory structure and primary structure.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The hardship described above is based largely on a previous property owner who converted the
garage eliminating any covered parking on the site. Further, City of Wheat Ridge setback
requirements limit the buildable space on the site. The current property owner has not created
these hardships.
I'ar fan
ce 4
Case No, fiat -13 -16 " 4390 A'ewlandSr
Staff finds this criterion has been met.
The request would not be detrimental to public welfare and is not expected to injure
neighboring property or improvements. It would not hinder or impair the development of tile
adjacent properties. The adequate supply of air and light would not be compromised as a result
of this request. It is unlikely that the request would impair property values in the
neighborhood.
Staff finds this criterion has been met.
7. The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The 25-foot setback requirement is inherent in comer lots along minor arterials. Other
properties throughout the city may have this restriction, but it is not a dominant characteristic of
the neighborhood.
Staff finds that this criterion has not been met.
8. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
Accessory structures in residentially zoned districts are not required to meet building codes
pertaining to the accommodation of persons with disabilities.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
The Architectural and Site Design Manual does not apply to fence design within public parks.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with a majority of the review criteria, staff recommends
APPROVAL, of a 20-foot variance from the 25-foot side yard setback requirement resulting in a 5-foot
setback from the lot line adjacent to 44' Avenue.
Variance
Case'A"o, 1-1"el-13-]6e'4390,eNcivlcindSt.
Staff has found there are unique circumstances attributed to this request that would warrant approval of
the variance. Therefore, staff recommends approval for the following reasons:
I . The variance will not alter the essential character of the locality.
2. The proximity of the lot to 44' Avenue and Newland Street results in a unique challenge and
justifies the request for a decreased setback.
3. The detached garage is consistent with other detached garages in the surrounding
neighborhood.
4. The request is in compliance with the intent of the zoning code, protecting the health and safety
of residents in the neighborhood. The variance request will not be detrimental to public
welfare.
With the following conditions
I. The design and location of the detached gat shall be consistent with the attached exhibits.
I The setback variance applies only to those portions of the structure adjacent to the northern
property line.
3. The first 25-feet of the driveway from the edge of pavement into the site be surfaced with
concrete, asphalt, brick pavers or other similar hard surfaced material in compliance with
Section 26 -50I .D. I of the City Code.
4. The design and architecture of the proposed structure be similar in character to the existing
house, subject to staff review and approval through review of a building permit.
Variance 6
Case No, IF11- 13-16, 4390,New*mdS1,
EXHIBIT 1: REQUEST
CCU N STR U CT10"
August 29, 2013
Board of Adjustments
City of Wheatridge Community Development
7500 W. 29 Ave Wheatridge, CO 80033
To whom it may concern:
Lisa Sanchez (Homeowner) and I (Tyson Remmert, Remmert Construction) are requesting a
non - administrative variance for the residential property located at 4390 Newland St
Wheatridge, CO. The property does not currently have any covered parking and the
homeowner is incurring property damage (Vehicles) due to inclimate weather. We are
proposing a 20x2Ox8 detached garage which will require an 80% variance of the 25' set back
requirement from the side (North) of the property nearest 44 Ave (See site plan). To meet the
other set back requirements (2S' front, S' rear and 5' to the existing residence) the only place
we can locate a detached garage would only be 5' from the North property line nearest 44
Ave.
Below I have addressed items (A -G) of The City o_f_WheatridAe's variance criteria
A: The homeowner bought this property last year assuming that a detached garage would not
be an issue as there are many detached structures in her neighborhood. Not being able to get
her vehicles out of the weather is proving to be a major issue.
B: The proposed garage in its proposed location would be in line with the existing residence
and not interfere with the aesthetics of the neighborhood.
C: The proposed garage is a substantial investment and can potentially add up to $30,000
equity in this property. Without this variance a detached 2 -car garage is not possible on this
property.
D: This lot is 10110sf, relatively large for this neighborhood, and due to previous property
owners converting an attached garage in to living space and keeping Community Development
set back requirements a detached garage with "safe" access is not possible. There was a 2 n°
proposed garage location with a curb cut onto 44 ave, but this doesn't give safe access to the
garage, nor secure fencing for the property.
E: As stated in criteria D, the previous owners converted the only covered parking at this
address to living space. The current Home owner, Lisa Sanchez, bought this property under the
assumption that she would be building a detached garage.
Remmert Construction Management 9457 S. University 81 #313 Highlands Ranch, CO 80116 303.330.4541
Variance
Case No. WA- % 4390 Newland S!.
�L� lam
n�'i M A N A G E M E N T
F: The granting of this variance would not be detrimental to the public in any way. The garage
will be roughly 40' from Newland st and still meet the "Site window" for commuters to gain
access onto 44 ave safely. Furthermore, the 2n driveway on this property will look similar to
the property directly across the street (With (2) concrete aprons accessing Newland St). As
mentioned above, this detached garage will add equity to this property and increase property
values as opposed to diminishing them.
G: The setbacks for corner lot properties being 25' over the standard interior lot 5' setback
create an issue for every corner lot property that is trying to add a detached structure.
I believe we have addressed everything you need to make a decision for a 20x2Ox8 detached
garage at 4390 Newland St. This garage will serve as off street/ off driveway, covered, parking
for the homeowner and increase her property value.
Thank you,
Tyson Remmert
Remmert Construction Management
9457 S University BI #313
Highlands Ranch, CO 80126
303.330.4542
Wheatridge Contractors lic # 130024
Remmert Construction Monogement 9457S. University BI #313 Highlonds Ronch, C080126 303.330.4542
Variance
Case No. WA -13 -16 4390 Newland St.
IMPROVEMENT LOCATION CERTIFICATE
� 3
O p r
Q cc
cc
U
w �
0' 20' 40'
SCALE: 1' = 20'
IMPROVEMENT LOCATION CERTIFICATE
SURVEYOR'S CERTIFICATION
W. 44TH AVE.
60' R.O. W.
88.3'
103.8'
LOT 31
I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE
WAS PREPARED FOR Remmert Construction Management
AND THAT IT IS NOT A LAND SURVEY PLAT, AND THAT IT IS NOT
TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE BUILDING.
OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT
THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS
DATE 8 -30 -13 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY
WITHIN THE BOUNDARIES OF THE PARCEL, THAT THERE ARE NO
ENCROACHMENTS UPON THE DESCRIBED PREMISE, BY
IMPROVEMENTS ON ANY ADJOINING PREMISE TO THE BEST OF MY
KNOWLEDGE.
RODNEY H. MAXWELL,
COLORADO P.L.S 38083
NOTE
LOT 33
0.3'
ALL PROPERTY DISTANCES AND EASEMENTS
WERE FOUND ON OFFICIAL PLAT 'CLARMOR
HOMES RECORDED IN THE CLERK AND
RECORDERS OFFICE AT THE COUNTY OF
JEFFERSON, STATE OF COLORADO, NO OTHER
DOCUMENTS WERE PROVIDED TO THE SURVEYOR.
OWNERSHIP OF FENCES NOT DETERMINED BY THE
SURVEYOR. ILC BASED ON LINES OF
OCCUPATION. ALL MEASURED DISTANCES ARE
APPROXIMATE. NO BOUNDARY MONUMENTATION
RECOVERED
PROPERTY ADDRESS: 4390 NEWLAND ST.
WHEATRIDGE, CO 80033
LEGAL DESCRIPTION: CLARMOR HOMES LOT 32,
CITY OF WHEATRIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO
PREPAREDFOR: Remmert Construction
Monxememt
11 -8 -197
LATE PREPIREO: 0 BOY 181551 BRNN BY:
y.'3J13 DERYM, CO BD218 I A. S AMPSON. LSI
Variance 9
Case No. IVA -13 -16 ' 4390 Nelvland St.
2013014692 2/6/2013 12:20 PM
PGS 1 $11.00 DF S19.70
Eke trmceny Recorded Jenersm Covty CO
rem AfWen Clerk and Recorder TD1000 Y
WARRANTY DEED RECORDER'S STAB
DOC FEE $19.70
T"m DEED. made this 31 at day of January. 2013, between
MICHAEL COSTANTEN AKA MICHAEL J. COSTANTEN. AND SANDE SON/EAU
of aw County of JEFFERSON, State of Colorado. grantor(s), and
LISA SANCHEZ
vvtnoee legal address is 4390 NEWLAND STREET, Wrest Rides. CO 80033
of the County of JEFFERSON. State of Colorado, grarntass:
WrTNFSS, that the grartor(s), for and in consi leratlon of he arm of Om Nlredred NnatY'Saaen Thousand and OOMOO.
($197,000 the receipt and suftkiency or which is hereby ardQqwledged. hnreAme 9ratbd. hangar 1 Sara and conveyed. and
by Vhese presents doles) gr art. bargain. sap, convey and confirm unb tM grantees. avok heirs and again forever. all the real
property Wpether %#0 inyeovemovs, 9 any, spouts, tying and bdr1Q in County of JEFFERSON and Stet of Colorado. described as
follows:
LOT 32, CLARMOR HOMES. C-OL94TY OF JEFFERSON. STATE OF COLORADO.
also known by streel and number as 4390 NEWLAND STREET, WHEAT RIDGE. CO 80033.
TOGETHER vd1h Y and singular the heredltarrserta and appurtenances thereurvio beldWrV. or in anywFse aPpertw*n9. he
reversion and reversions, remainder and rernairwism rents, issues and proptw dnereof, and ail the estate, right. this I *m Gawm
and dartard whatsoever of the grantor(s). either in law or equity, of n, and to pro above bargained prommme, with the
heredManants and appurtarnenoes.
TO HAVE AND TO HOLD the said prern,"s above bargained and described. wih the spptatenanoes, unto Va grardees. Vale
hells and assigns forever. And the grantor(s). lor hntRner"N. kaftweir lairs and Personal nePrometalMs doles) covenant 9rI-
bargain and agree to and wAth the grrds". tak hairs and sadpns, that at the bane of the erwea*V and delivery of Visas
promo is am wee waived d the premises above conveyed, how~ good. nee, Wilect absolute and i defessible esfaHe d
inlnerpatw. in law, in fee ow", and heveAnad 900d n^ full per and kwA A m Ahorky to grit, Dorgan, sap and convoy ttw
soma in norther mW form aforesaid. and VW one same ors fee end deer from M lonrnsr and o9 tar grants, ber9skns, sobs. pens.
tares, aaaesernerlb, encumbrerwes and restrkione of whatever kind or nature soever, EXCEPT FOR TAXES FOR THE
CURREM YEAR AND SUBSEWENT YEARS. EASEMENTS, RESERVATIONS, RESTR1CT1ONS. COVENANTS AND
RIGHTS -OF -WAY OF RECORD IF ANY: AND DISTRIBUTION UTILITY EASEMENTS: AND MATTERS NOT SHOWN BY THE
PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE: AND INCLUSION OF THE PROPERTY WITHIN
ANY SPECIAL TAXING DISTRICT: AND BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL
AGREEMENTS, IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO.
5212. 11626 ISSUED BY GUARDIAN TITLE AGENCY, LLC.
The grans) shay and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quuet and peaceable
possession of the grantees. their hews and ass", against all ad every person or persons lawh*y cian wvg the whole or any pen
Varea.
IN WITNESS WHEREOF the grans) haveAmd executed tea deed on the date set kith above.
MICHAEL COSTANTEN AKA MICHIAEL J TANTEN
SANDE BOHNEAU
STATE OF COLORADO
Casty of DENVER )�
ern
The bregokng naineTio t was atknowAedged before me fts 31 w day of Jura wry. 2013. by IACHAM COOOTANTEN ALSO
KNOWN AS MICHAEL J CVTANTEN AND SANDE BONNEAU ^.r a ✓O- 1c . F n h .
commission a 1 G 201(,FW T NY, hand and official seal.
SHEEW+DAEBELLIEH
NOTARY PU8LfC �Q
STATE OF COLORADO Notary Vntac
My s'. E'gaes01r25r2
►Haan nd Address of person Creafrg NeWy Creased Legal De son" a If 96 C.RS. )
Guardian Title 15212 -11626
Variance
Case No. WA -13 -16 / 4390 Newland St.
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Variance
Case Ago. RA -13 -16 4390 A'ewland Sl.
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Variance 12
Case No. WA -13 -16 / 4390 Newland St.
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Variance 12
Case No. WA -13 -16 / 4390 Newland St.
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Variance
Case No. WA -13 -16 / 4390 Newland St.
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Variance
Case No. WA -13 -16 / 4390 Newland St.
Asses ^,or Nome • • • � - • i
Search Property
Records ev- Neighborhood Advanced history
Sales g Sales Search
Sdx4kAe:024131 Parcel ID: 39-243-08-020 prill
Status: Active Property Type: Residential
Property Address: 04390 NE WLAND ST
WHEAT RIDGE CO 80033 4926 LISA
Mailing Address: SAME ADDRESS AS PROPERTY
Neghborhood: 2405 - BARTHS, COULEWlN GRANGE, WHEAT RIDGE AREA
Stb*Amion Neese: 129800 - cLmmg HomEs
110032 1 2413 SW loll
Total 10110 _I
t— Graphic Parcel Mao ManOuest Location
Pfgml ty Two RFSD Year Built: 1952 Adjusted Year Built: 1954
Design: Ranch Irmtovement Number: 1
Ftu BAIN Average, l FMW FLOOR Avets"IM i
3F1X 44 20 Average[] �PORQ� AW"nee - - - -- ( 349
Iwt1M �uDOa 73
Reta�
traffic Minor Arterial
- 29 -1955 1 __-- - O WW rantV DOW - 7OiR Tam 09640261
-07 - 2002 O IQ Claim Deed - )mitt Ten ancy F1396993
— -- 18
Assessed V
Total
Mff 2DI322012 1
alt DWitx 3139
Icy
TM
-
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— T
WHEAT R1DOE
REGION 7RANSPORTATWH 015T.
�t1RBAN GRAD A WAR0OD CONT D19r
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--- ( 7"
tIRBM DRAWAGE C SO.PLAT
WWATRIDGE Ff11E DST.
WFEAmDoE sA DIET. --- - — --
FWFEATRWM W. DIST.
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SOnd m61 to rrth quostioni or comments about thli Wob its
Web •it* infwmstwn currant through:
Variance 14
Case No. WA -13 -16 / 4390 Newland St.
EXHIBIT 2: ZONING
Variance 15
Case No. WA -13 -16 / 4390 Newland St.
EXHIBIT 3: PROPOSED SITE PLAN
Not to Scale
Proposed detached garage would be located on the north side of the property adjacent to 44` Ave.
Access to the accessory structure would be by a curb cut on to Newland St. The curb cut would be
required to be 7' from the existing storm inlet.
Variance 16
Case No. WA -13 -16 / 4390 Newland St.
EXHIBIT 4: SITE RESTRICTIONS
The site is restricted by a number of setback requirements: A 25' side yard setback abutting a minor
arterial to the north, a 25' front yard setback to the west, a 15' rear yard setback to the east, and a 10'
side yard setback to the south. In addition, building code requires a 5' separation between primary and
accessory structures on a property.
Variance 17
Case No. WA -13 -16 / 4390 Newland St.
EXHIBIT 5: SITE ACCESS
The Public Works department felt access on to Newland was more agreeable to the nature of the
neighborhood, and would be in accordance with access already existing at 4395 Newland St.
Variance 18
Case No. WA -13 -16 / 4390 Newland &
EXHIBIT 6: SITE PICTURES
Site Location looking southeast, the proposed accessory structure would be on the left (north) side
next to the primary structure. Access to the site would need to be 3' -7' from existing inlet and with
access near the storm inlet (right of the fire hydrant).
Variance 19
Case No. WA-13-1614390 Newland St.
Site location looking north, the proposed accessory structure would be located in the upper central
section adjacent to the existing home.
Variance 20
Case No. WA -13 -16 / 4390 Newland S!.
Future location of the proposed accessory structure, the proposed structure would require a 20 -foot
variance for a 5 -foot setback from the property line along W. 44` Avenue and 5 feet from the
primary structure.
Variance 21
Case No. WA -13 -16 / 4390 Newland St.
Available space for construction in side yard along W. 44 °i Avenue.
I 'ariance 22
Vase No. IIA -13 -16 3390 Newland St.
Access to the accessory structure would be accomplished through a curb cut. Any curb cut would
need to be within 3 -7 feet of the storm inlet.
Variance
Case No. WA -13 -16 / 4390 Newland St.
_.&. —
11
9
The meeting was called to order by Vice Chair C
Chambers of the Municipal Building, 7500 West
'rid
"
ROLL CALL 411 ,
am, NORM "WITIT,
Alternates Present:
Board Mcrnbers Al
7:02 pm. in the City Council
ie, Wheat Ridge, Colorado.
(#, -Reckert, Sr. Planner
fanner, Planner I
aggoner, Recording Secretary
0
El
No one wish" p time
Ra#UP MR.,
VX110
0
'Wh
PUBLIC HEA
A. Case No. WA-13-13 LR9A nest ,Aj:, An application filed by Frank Wilson for
approval of the following requests to allow a detached garage on property zoned
Residential-One (R-1) located at 2845 Otis Ct.
The case (Request A, Request B & Request C) was presented by Meredith ReckerL She
entered all pertinent documents into the record and advised the Board there was
jurisdiction to hear the case. Ms. Reckert reviewed the staff report and digital
presentation. Having found the application in compliance with a majority of the review
criteria, staff gave a recommendation of approval.
Board of Adjustment Minutes July 25, 2013
Board Member ABBOTT stated the northwest comer of the proposed structure is 3 -feet
from the property line. The rear of the proposed structure would be 8-feet from the
property line.
Elise Kearney (Representing the applicant)
2845 Otis Ct.
The applicant stated the reason for the addition of the detached garage is because
additional parking space is needed for their vehicles and trailers. The detached garage
will match the house brick and siding.
Vice Chair GRIEGO asked the applicant what they osing to store. The applicant
stated a boat and trailer. The applicant said the b It"J�d trailer are currently being parked
on the side but that is not visually attractive. is also needed.
Vice Chair GRIEGO stated the front of the h b faces the
property. She asked the applicant if they had a chanc e to discathis proposal and get
some feedback. The applicant stated they were cone ed that
cc would be
removed, The fence will not be removed and they don't have an &*Oons.
Vice Chair GRIEGO empha ;,ed""'if the
structure must meet the site
Vice Chair GRIEGO for a
votes would b reoutred for appr
W
the construci6d detached
that a super majority of 4 affirmative
,r and second by Board Member
stated*
MEE=
thcaj; tion" h se No. WA-13-13 (Request A) was not eligible for
rotests registered against it;
WHEREAS, the r� 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.
N 0W T-B-CiLk-Ey- «M I F ,
Case No. WA-13-13 (Request A) be, and hereby is APPROVED.
TYPE of VARIANCE: Request for approval of a 300-square foot variance to allow
27% building coverage in R -1 for the construction of a detached garage.
Board of Adjustment Minutes July 25, 2013 2
For the following reasons:
With the following conditions:
1. The location of the
as
WHEREAS,
No. WA�
�Qos Ct.
ant with ExIft
I subject to staff
of a building 'P"" ..... . . ...
it.
'
irage be consistent
, ""l; rage, subject
md existing t-Aro - c aRl""'
review of a building' ermit.
ME=
RM
W--
mla�
th e pro W
has i4i posted the fifteen days required by law and in
'gat there e no protests registered against it;
ay OF granted without detriment to the public
tantially impairing the intent and purpose of the
the City of Wheat Ridge.
srment application
Case No. WA-13-13 (Req B & C) be, and hereby are APPliOVED.
TYPE of VARIANCE: Request for approval oaf f a 1 0- oot variance from the 15-foot rear
setback requirement and a 12-foot variance from the 15-foot side setback requirement for
a detached garage in R -
Board of Adjustment Minutes July 25, 2013 3
For the following reasons:
1. The setback variances are not expected to alter the essential character
of the locality.
2. The applicant is proposing substantial investment in the property that
may not be possible without the variance.
3. The angled north lot line results in an unusual lot shape and an
underutilized northwest corner of the property.
4. The alleged hardship has not been created by any person presently
having an interest in the property.
5. The request would not be detrimental to public welfare.
6. Due to the angle of the north side property line the setback variance
diminishes considerably to the west.
7. The application meets 5 of tl,.,,,,7 applicable criteria.
8. It appears that 4 lots direct y abutting 2845 Otis Ct. have significantly
encroaching structures
With the following conditions: ""'11",
1. The location of the garage be
review and ap through
2. The architectui
massing, and n
subiect to staff
mm
KI
nm
ith Exhibit I Subject to staff
a building permit.
ge be consistent with scale,
L, two-car garage,
64gh review of a building
N=nstruction. I
Vice Chair GRIEGO stated she is not in agreement with setback reductions to 3-
. .. .. It '.,' drainage casements and views of neighbors. She noted there were
no obj" t ins from neighbors. The City of Wheat Ridge is looking to build a
population enjoys Colorado activity such as boating. Home improvement and
Comm is important especially proceeding in this process.
agreed with Vice Chair GRIEGO's cornments.
The m6ij�m, Ny proved by a vote of 5-0.
B. Case No. WA-' 1: An application filed by Garrett Jones for approval of a I -foot
variance from the 5-foot side yard setback requirement to legitimize an existing
garage on property zoned, Residential-Two (1Z -2) and located at 8820 W. 40 Ave.
Board of Adjustment Minutes July 25, 2013 4
was jurisdiction to hear the case. Ms. Reckert reviewed the staff report and digital
presentation. Having found the application in compliance with a majority of the review
criteria, staff gave a recommendation of approval.
Board Member HOVLAND confirmed the front yard setback with Ms. Reckert. He
inquired about the setback for the garage for the property to the east. Ms. Reckert stated
it meets all the requirements.
Board Member BANGHART asked if there were any complaints during the construction
of the garage. Ms. Reckert stated any complaints would have been investigated,
Board Member ABBOTT inquired about the objection'tetters. Some of the content does
not relate to the setback issue. Mr. ABBOTT is concerned about the storm sewer and gas
line that does relate. Ms. Reckert stated Job#,
,,,,,,,Schumacher, Chief Building Official has
addressed the building violations. All of lations relative to the interior of the
house have been corrected. The gara s to be addressed.
Mr. Sanner stated he has discussed the ca
City's Development Review Engineer. Th
with the 4-foot setback accessibility to the st
neighboring property owner built on the
Board Member
that would be a
Engineer didn't
em
Vice Chair
the Purnoses of
the Q,, ,2# f Building Official and the
Review Engineer stated even
,
I hN
k not an issue. The fence of the
11 ft'roperty.
'
line ir�&, Mr. Sanner stated
n
Official I evelopment Review
the ILC depicts the fence being located within the subject
e. The drainage easement is 5-foot so there is a difference
litio that th&ptoperty owner would need to maintain that
t3oard, Member BELL stated she visited the site and in regards to visual intrusion on the
neighboring property, the mature ffee coverage minimizes the impact of the 1-fo
encroachment. The conditions cover all the essential comments from the objections
relating to the garage,
Board Member ABBOTT inquired about fire separation with building encroachment.
Mr. Sanner stated if the variance is approved the fire separation is a stipulation and will
need to be constructed on the east side of the detached garage.
Vice Chair GRIEGO asked if the request is denied will there be a deadline to remove the
structure and is a demo pen required. Ms. Reckert stated a demo permit would be
required. She deferred to the applicant for a demolition time frame.
Vice Chair GRIEGO inquired about square footage of the existing attached garage. It
was determined that it is 27.8-feet in width and the depth is unknown.
Board of Adjustment Minutes July 25, 2013
The applicant has since sold the property. A notarized stipulation was provided of the
variance process to the new owner. The new owner agreed to tape on the responsibility.
The shed is attached to the garage. Ther;t ant access into the shed from the garage.
They both have separate doors. The does not go into the existing garage or the
garage under discussion. The gas line the shed and services the pool heater.
The gas line along with the shed and poo't upr ent yv approved with a pen
Vice Chair GRIEGCJ reiterated that the applcartW sold the home and no longer owns
the home. The applicant concurred and stated the ne ,w,, owner is in the audience.
Irene Gutierrez (New Home Owner)
8220 W. 40 ° ' Ave.
In response to Vice Chair GRIEGO's inquiry, Ms. Gutierrez stated she is fully aware of
everything g oing can with the property and is accepting responsibility. She stated she
plans to retire it the home. , She stated she liked the fact that it has a second garage
because she needs the extra space. She said she and Garrett have tackled the list of items
that need: to be corrected. She stand she has read the objections letters and has reached
out to some of "the neighbors.
'JRIEGO asked Ms. Gutierrez if she has considered the complaints about the
the cast side of the property. Ms. Gutierrez stated roof work has been
tail gutters were added to the garage last week.
Board Member ABBOTT stated many people don't know where their property lines are.
Mr. Sarver stated the City's Development Review Engineer said a pin was found and the
ILC was measured from it. An ILC is not always accurate. Ms. Reckert stated the City
allows ILC's for building pen instead of burdening the homeowner with a costly
pinned survey.
Board Member HOVLAND asked if the downspouts have been directed out of the
drainage area. Ms. Gutierrez stated the gutters are facing north and south into her own
property.
Board of Adjustment Minutes July 25, 2013 6
Vice Chair GRINGO asked Ms. Gutierrez if she is fully aware of the conditions of the
approval and if she is prepared to follow - through with the conditions and is aware of the
costs and permitting associated with it. Ms. Gutierrez stated she will do what is required.
Board Member Abbott asked staff if any neighborhood accessory structure were
encroaching on any property lines. Mr. Sanner stated there are a number of detached
structures and there are a number of variances that allow encroachments in the setback
requirement.
Vice Chair GRIEGO opened the public hearing. 11,1111 .
Or
A
Laura Roberts
3939 Brentwood St.
Ms. Roberts expressed her dislike about the p operty. She stated if the
structure is kept the fire protection requirements the access area should
be kept clean. The tax payers should not pay for any drainago Age.
Marilyn A. Dominic
3950 Carr St.
Ms. Dominic asked if anyot*, ga
Plained when the rage was bu ilt, stated in spite
of the mature trees the garage i the neighbor's property.
John McGuire
8210W.40" Ave.
,
Mr. McGuire sttnaitted att abjection Etta to said the structure is 2-feet
above his property. There is mm
, a reta�111111
I! in the middle of the easement and the
pergola is on tbe" and stoma s i 'r. McGuire expressed his concerns
about fire protectiort',for the structure an I " s line.
Board Member ABBOTT stated the board is relying on the City's inspectors testimony
related to fire separation and undation requirements.
Ms. Reckert asked Mr. McGuire if the gas line goes in the garage or under the house.
Mr. McGuire replied into the pool house.
Mr. McGuire asked if a variance could be granted on top of a city owned easement. Mr,
McGuire stated there is a pipe that goes from the cul-de-sac on Brentwood to 40"' Ave.
Ms. Reckert stated that the city staff relies on internal departments for expertise and
advice. Easements are reserved on the fi-ont and sides of most residential parcels.
Board Member BELL stated the 4-foot side setback is the subject of the bearing. The
pergola and pool shed are not relevant to the variance. Mr. Sanner's comments in the
staff report (Exhibit 5) provide a response to all the issues raised by the neighbors.
Board of Adjustment Minutes July 25, 2013 7
Board Member BANGHART asked if the garage was built to code other than the setback.
Mr. Sanner stated the fire protection issue would have been addressed. The size is
acceptable for the zone district.
There was some discussion about grading.
Garrett Jones
7 Shining Oak Ct., Littleton, CO
The garage is built on a monolithic foundation not a slab. The access for the easement is
on concrete. Ifid
Board Member ABBOTT asked if the name of
Mr. Jones is not the current owner. It was detq
RiTfflni
WHEREAS, application Case No. W
at 8220 W. 40' Ave.
For the folWWine reasons:
it needs to be changed since
was not necessary.
name Gat location
Board of Aqjustmet'it Minutes July 25, 2013 8
With the following conditions:
R
Chair
31
r
A. Ms. stated Og, Council is still looking for alternates for the Board of
B. A public in �� ' I" Avenue Concept Plan is this evening at the Wheat Ridge
ee "
' ��
V-
Recreation Cen
C. Mr. Sanner was introduced as the new Planner 1.
D. Tim Paranto, Director of Public Works resigned. Scott Brink has accepted the
position and will begin on August 12th. Mr. Brink is from the City of St. Louis Park,
Minnesota.
Board of Adjustment Minutes July 25, 2013 9
A. Approval of Minutes — April 25, 2013
it was moved by Board Member BELL and seconded by Board Member
HOVLAND to approve the minutes as written. The motion passed 3-0 with Board
Members GRIEGO and BANGHART abstaining.
The meeting was adjourned at 9:07 p.m. by Vice Chair
aggoner, Recording Secretary
Lily Griego, Vice Chair 'AMP
Board of Adjustment Minutes July 2 5, 2013 10