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HomeMy WebLinkAboutWA-13-107500 West 29th Avenue - - City of Wheat Ridge, Colorado 80033 Wheat P1 - d 303.235.2846 Fax: 303.235.2857 g Approval of Variance WHEREAS, an application for a variance was submitted for the property located at 2925 Newland St. referenced as Case No. WA -13 -10 / Stites Park; and WHEREAS, City staff found basis for approval of the variance, relying on criteria listed in Section 26 -115 of the Wheat Ridge Code of Laws and on information submitted in the case file; and WHEREAS, the Community Development Department has properly notified pursuant to Section 26 -109 of the Wheat Ridge Code of Laws; and WHEREAS, there were no registered objections regarding the application; NOW THEREFORE, be it hereby resolved that a 5 -foot variance from the 10 -foot maximum fence height standard to allow a 15 -foot tall recreational fence on the south side of the property in the Residential -One (R -1) zone district (Case No. WA -13 -10 / Stites Park), is granted for property located at 2925 Newland St., based on the following findings of fact: 1. The variance would not alter the essential character of the locality. 2. The proximity of the lot to W. 29 Avenue results in a unique challenge and justifies the request for a taller fence. 3. The chain link fence will reduce the visual impact of the variance and is consistent with other fences in the park. 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. 5. There were no written objections during the posting period. With the following conditions: 1. The design and location of the fence shall be consistent with the attached exhibits. 2. The fence height variance applies only to those portions of fence along the southern property line and those which are parallel to 29 Ave. 3. A building permit shall �e obtained prior to installation of the proposed fence. - 7 — �`)� Date Community Development Director City of wh6at�idge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Community Development Director DATE: July 3, 2013 CASE MANAGER: Wade Sanner CASE NO. & NAME: WA -13 -10 / Stites Park ACTION REQUESTED: Request for approval of a 5' variance from the maximum fence height standards resulting in a 15' tall recreational fence on property located at 2925 Newland St. and zoned Residential -One (R -1). LOCATION OF REQUEST: 2925 Newland St. APPLICANT(S): City of Wheat Ridge — Parks and Recreation Department OWNER(S): City of Wheat Ridge APPROXIMATE AREA: 65,524 square feet (1.5 acres) PRESENT ZONING: Residential -One (R -1) PRESENT LAND USE: Parks /Open Space ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map Administrative Variance Case No. WA -13 -10 /Stites Park All notification and posting requirements have been met; therefore, there is jurisdiction to make an administrative decision. MOMMUNMI The Parks and Recreation Department is requesting a 5-foot (50%) fence height variance at the Stites Park baseball field at 2925 Newland Street. The taller fence would be up to 15' in height and would extend from the west edge of the backstop to the edge of the third base dugout. It will be a chain link fence consistent with other fencing in the park. Section 26-115.0 (Variances and Waivers) of the Wheat Ridge City Code empowers the Director of Community Development to decide upon applicants for administrative variances from the strict application of the zoning district development standards that are not in excess of fifty (50) percent of the standard.) 11. CASE ANALYSIS The applicant, The City of Wheat Ridge Parks and Recreation Department, is requesting a variance as the property owner of 2925 Newland St. The property is located at the northwest comer of Newland St. and W. 9' Avenue. "I' e The variance is being requested so the Parks and Recreation Department may complete the installation of a section of the perimeter fence on the south side of the property. The parcel has an area of 65,524 square feet and currently contains a baseball diamond, basketball court, and varions playground equipment. The property is zoned Residential -One (R-1), a zoning district which provides for high quality, sate, quiet and stable low-density residential neighborhoods (Sec. 26-205.A). The current land use on the property is a public park (Stites Park) which is considered a permitted use in the R-I zone district. The property has served as a park since 1963. Currently, there is a chain link fence around the perimeter of the park, the height of which varies. Along portions of the south and east lot lines, the fence is as short as 3'. A variance was approved in 1994 (WA-94-17) to allow a 14' fence along portions of the western property line where there is an adjacent single family home. Elsewhere, the fence is 6 feet in height. The applicant would like to construct a fence at a height of 15' to replace the 10' high existing chain link fence that runs along a section of the southern property line. Section 26-603.G of the zoning code pen recreational fences which are at least 80% open to be up to 10' in height, including fences for backstops. Elsewhere on the property (along the southern and eastern property lines) the fence complies with the 10' maximum height standard The reasons for the variance request are related to recent changes to the streetscape and based on public safety concerns. Last year, due to heavy Xcel power line pruning and resulting tree damage, the City's Forestry Division had to remove the trees from the southern property line of the park. The canopies of these trees had previously helped to keep foul balls from going into W. 20 Avenue. With the removal of the trees, a taller fence is needed to prevent balls from going into the street. To address safety concerns, the park, has been repurposed for younger age groups, and there are no games scheduled at the park, but there continues to be foul balls being hit into the street. Without a taller fence, there is the risk of foul balls hitting cars. In addition, there are safety concerns associated with people going into the street to retrieve foul balls. Administrative Variance Case,Nlo. ITA-13-10/Stitas Park During the public notification period no comments were received from the surrounding property owners. In order to approve an administrative variance, the Community Development Director must determine that the majority of the "criteria for review" listed in Section 26-115.0.4 of the City Code have been met. Staff provides the following review and analysis of the variance criteria. 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. The property would continue to function as a park/open space, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The design of the fence is unique, but the variance is not expected to alter the character of the neighborhood. The taller fence is consistent with the taller height of the existing backstop and with the taller fence on the northwest comer of the property. The open design of the fence will minimize potential visual impacts of the structure. In addition, the positive impacts of a taller fence on safety will outweigh the visual impact on the site. Without a taller fence, there is the risk of foul balls hitting cars as well as safety concerns associated with people going into the street to retrieve foul balls. 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. While the proposed fence is an investment in the property, it would be possible to build a perimeter fence at 10 feet without the need for a variance. A shorter fence would comply with height standards and would offer some—albeit less—safety protection on W. 29 Ave. Nonetheless, the ability of the applicant to construct a 15' high fence is prohibited under current zoning regulations. Staff finds this criterion has not 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. Administrative T'ariance Case No, ffA-13-10/StitesPark While the size and shape of the property are not irregular, the need for a higher fence is based on the close proximity of the baseball field and W. 29"' Avenue and the resulting safety concerns from the recent tree trimmings by Xcel Energy.. This proximity negates the effectiveness of the existing 10' fence from keeping stray baseballs from getting in the street. 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. 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 the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The fence would not impede the sight distance triangle and would not increase the danger of fire. It is unlikely that the request would impair property values in the neighborhood. The fence will have a positive effect on the neighborhood by increasing public safety by reducing the number of people/foul balls in the street. 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. A variance was approved pursuant to case number WA-94-17 to allow a 14' fence along portions of the western property line where there is an adjacent single family home. Elsewhere, the fence is 6 feet in height. Administrative Variance 4 Case.Vo. TIA-13-10 IStites Park Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Fences 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. 11affiIII61M Having found the application in compliance with a majority of the review criteria, staff recommends APPROVAL of a 5' variance from the maximum fence height standards resulting in a 15' tall recreational fence adjacent to the baseball diamond backstop. 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: With the following conditions: 1. The design and location of the fence shall be consistent with the attached exhibits. 2. The fence height variance applies only to those portions of fence along the southern property line and those which are parallel to 29 Ave. 3. A building permit shall be obtained prior to installation of the proposed fence. Administrative Variance 5 Case No. TVA-13-10IStitevPark EXHIBIT 1: AERIAL Administrative Variance Case No. WA -13 -10 / Stites Park EXHIBIT 2: Site Plan W. 29" Ave. Existing 3 ft. Fence I Existing 6 ft. Fence I I Existing 10 ft. Fence N Administrative Variance Case No. WA -13 -10 /Stites Park EXHIBIT 3: Site Photos Stites Park is outlined in the image above. The taller fence is proposed to be located along W. 29` Av. Between the backstop and the end of the third base dugout (shown in orange). Administrative Variance g Case No. 6VA -13 -10 /Stites Park This image illustrates conditions on the east side of the property, where trees still stand providing a safety buffer for Newland St. September 2007 image showing the safety buffer provided by previously existing trees. Administrative Variance q Case No. RA -13 -10 / Stites Park This image illustrates the current condition and existing hardship of the removal of trees by Xcel for power line pruning. Also illustrated is the close proximity of 29 Ave. to the baseball diamond, which creates hazard concerns with passing traffic and stray baseballs. Administrative Variance 10 Case No. WA -13 -10 /Stites Park Proposed fence height variance would increase the height of the fence adjacent to the baseball diamond backstop to the west edge of the dugout along 29 Ave. from 10' to 15'. Administrative Variance Case No. WA -13 -10 /Stites Park City of 6 W heat idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29` Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE June 20, 2013 Dear Property Owner: This is to inform you of Case No. WA- 13 -10, a request for approval of a 5 -foot variance from the fence height standard to allow a 15 -foot recreational fence on property zoned Residential -One (R -1) and located at Stites Park at West 29` Avenue and Newland Street. The attached site plan identifies the location of the variance request. The applicant for this case is requesting an administrative variance review which allows no more than a fifty percent (50 %) variance to be granted by the Zoning Administrator without need for a public hearing. Prior to the rendering of a decision, all adiacent property owners are required to be notified of the request by certified mail. If you have any questions, please contact the Planning Division at 303 - 235 -2846 or if you would like to submit comments concerning this request, please do so in writing by 5:00 p.m. on July 1, 2013. Thank you. WA1310.doc www.ci.w hea tridge.co. u s VICINITY MAP The subject property (Stites Park) is outlined in purple in the image below. The taller fence is proposed to be located along W. 29 Avenue between the backstop and the end of the third base dugout (shown in yellow). A AMARI NORM, 650 W 29TH AVE 7005 0390 0003 7953 0525 DRE :| `/: AVE i « a < t 7005 0390 2003 79 024; HEALING WATERS FAMILY CENTER e ©!« . »W 29TH AVE WHEAT RIDGE CO ,: 7 005 0390 0002 7 05? W ELLS e. » S ANDY LN °��.■ e e || a� - � �e� � � ■, 65 © ■T • : C O 8■ � ?� ■ «< 7952 05,2 ... f \\! <' MARY \ ESTATE ^ 6675 W 29TIl AVE WHEAT RIDGE »e80 \f# 0203 7953 0560 , W «� ��' ■ » �e < WHE RI° O 80214 7507 0290 0002 7 953 0591 7005 0390 0003 7 0 514 4� . .yw�. : .� ■ «.�» > a Z �. � w& 66 30 2 AVE � ?! ; ■��e'| CL EMENT ■ & JACQUELIN : BISANT TRUST THE , |. < ©.A$. WHE $ $ 8024 7 005 0390 0003 79 0<< 2005 0390 0003 79 53 06<4 I S.0 13 F- - 0 — 0 O f r I W 29 rH A VE. I- CON DU i ,RE 56 I r CONTAINS 121 ACRES MORE OR LESS ,GR LEGEND B OUNDARY D.M,WW PROPERTY BRASS CAP MONUMENTS SET IN 1961 a t962. BK, 1699 PGS.,56a 63 BRASS CAP MONUMENTS SET 1699 PG,64 -30-67 a 12-1-67. W EASEMENTS CONVEYED �o LAND LEASED REAL ESTATE CONVEYED DOCUMENT DATED SEC 'Y FILE DM I r CONTAINS 121 ACRES MORE OR LESS ,GR LEGEND B OUNDARY D.M,WW PROPERTY BRASS CAP MONUMENTS SET IN 1961 a t962. BK, 1699 PGS.,56a 63 BRASS CAP MONUMENTS SET 1699 PG,64 -30-67 a 12-1-67. W EASEMENTS CONVEYED LAND LEASED REAL ESTATE CONVEYED DOCUMENT DATED SEC 'Y FILE DM I r CONTAINS 121 ACRES MORE OR LESS ,GR 4 Ir City 'of ]�qrWh6a-tf 1�d LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue o Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type pe all information) 'f' pp L "AT ? 4 Address '7500 C "", q+l J A� - Phone 755 City Alicant�L����� State zip 3 3 Fax / Owner Address City....... State_ 0 Phone Fax Contact M,+ kZ V, - ;Z (3 d Address Phnni- City State — Zip_ Fax (The person listed as contact will be contacted to answer questions regarding this application, provide additional information when - necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) A % t, I t e, 7 Location of request (address):,_,_ 7c74rTV9T4 rrM= Tne 47 more o ons Is clow wincli pertain to your request): Application submittal requirements on reverse side 0 Change of zone or zone conditions L71 Special Use Permit 0 Subdivision: Minor (5 lots or less) 0 Consolidation Plat 0 Conditional Use Permit 0 Subdivision: Major (More than 5 lots) 0 Flood Plain Special Exception 0 Site Plan approval 0 Temporary Use, Building, Sign 0 Lot Line Adjustment 0 Concept Plan approval ;.Variance/Waivcr(froiu Section 0 Planned Building Group 0 Right of Way Vacation 0 Other: FT45M — – TEFAM171"I M11747 cation, I am acting with the knowledge and consent of those persons listed above, To be filled out by staff* Date received &I-N KK Comp Plan Dcslg._ Related Case No, Fee S NA' Receipt No, OA Zoning Pre-App Mtg, Date_ Case No. ��� Quarter Sect ion M P— Case Manager Required information: Assessors Parcel Number: 6 1 1 0 '1 3 — Size of Lot (acres or square footage): Current Zoning: Proposed Zoning: lo Current Use: Proposed Use-. ,,,, P% 0 C" Case No. WA1310 Date Received 7 2 O13 Related Cases Case Planner Sanner Case Descriptior request for approval of a 5 foot variance from the 10 foot maximum height for a recreational fence to allow up to a 5 foot tall fence L AAv&&WhMMMff&W Name City of Wheat Ridge Name 1 Phone Addres 75O0W.29thAve. C ity Wheat Ridge I State CO Zip 80033 - Uwnter /niter Name City of Wheat Ridge Nam Phone Address 75O0W.29thAve. Cny JWhealt Ridge State CO Zip 80033 - C0Y11r8Cf /n�+rnnariia�r Name Mark Route Name Phone (303] 205 -7553 Address 4005 Kipl St. City Wheat Ridge State CO ZP 180M� f /V*cf Address 29 5 = Street Newland St. City Wheat Ridge State ® Zip �g0033 Location Description NW corm of 29 th & NewW d Project Name Parcel No Qtr Section District No Parcel No. 39-25 —� Qtr Section: ® District No.: I t 3925310023 SW25 11 — f7eni -ors Pre -App Date Neighborhood Meeting Date App No: E-I Review Type Review Body Review Date Disposition Comments Report Review Admin J �❑ Case Disposition Disposition Date Conditions of Approval Res # Ord # N otes Status Opp Storage: I �,,