HomeMy WebLinkAboutWA-95-9March 14,1995
to; WHEAT RIDGE BOARD OF ADJUSTMENT
re: variance at 9801 W. 38th Ave.
Given the imminent construction of a sight and sound barrier
along the frontage of my property at W. 38th Ave., I hereby request
your consideration to extend to six {6) feet the four feet barrier
present)y delig~ated in the reconstruction plans by the Wheat Ridge
Public Works Department.
The unique topography of my property:
1. a considerable elevation rise from street level at the S.W. corner
of said property,
2. a lame expanse of that property being open space and without
any ex~stmg or planned building buffers from street noise and
visibility,
3. an increase in traffic activity and noise at the heavily used 38th
and Kipling intersection,
4, frequent flashing lights and sirens of emergency vehicles en
route to Lutheran Hospital, unbuffered because of open space,
5. a desire for privacy m the large yard at the West side of my
home, this area being highly visible to the public because of it's
elevation,
6. said barrier, because of elevation of home from street level, will
not block visibility of home for fire and security purposes,
7. barrier to be designed not to impede vision to drivewayJstreet
entrance,
8. unique design of intermittent oQen lattice spaces will provide for
some vis~bihty of property for security purposes, (see Pub. Works
exhibit, sheets i2 and 18 of job S-38.02-93)
9. loss of existing, mature landscaping in front yard to accomodate
street widening, which landscape provided a better sight and sound
barrier than the proposed 4 feet high fence,
the above constitute the reasons which, I believe, warrant this
variance.
Plans for this barrier, available in the Public Works Department,
indicate that it will be built on or near my South property line to
prevent reducing the spacious effect of a large and potentially
peaceful and private yard, an important factor m my purchase of this
unique property.
The retaining wall immediately to the South of my South property
line is under construction as of today, March 14, and I am informed
that the construction of the sight and sound barrier is to follow
shortly. If this height variance is to be granted, it would be
advantageous to act immediately upon this change to existing
construction plans.
Respectfully submitted,
T. W. Taylor
9801 W. 38th Ave.
Wheat Ridge, CO.80034
303( 447516
The Cify of
~Whe at ADMINISTRATIVE PROCESS APPLICATION
~Rido~e Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-694
Applicant'TLA.,>'~]~'Nt-y~~_Address__q ~3I Li.~. ~,~~''~, Phone ~~~{~7~"((p
Owner 514-~'i/~ ~, Address Phone
Location of request` ~'~ 1 ~t . $"~~'` ~
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Type of action requested :(oheck one or more of the actions listed below
which pertain to your request:)
^ Change of zone or_-zone conditions Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit ^ Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
Minor subdivision- - Public Improvement Exception
Subdivision Street vacation
Preliminary Miscellaneous plat
Final
^ ** See attached procedural guide Solid waste landfill/
mineral-extraction permit-
for specific requirements. ^ Other
etailed Description of request ~a t/~z -
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List all persons and companies 'who hold an interest- in the described real
property, as owner, mortgagee, lessee, optionee, etc.
~~? ~ ~S ~, ~ ~ ADDRESS PHONE
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I certify that the information and exhibits herewith submitted are true and
correct to_the best of my knowledge and that in filing this application; I
am acting with the knowledge and consent of those persons listed above
,
without whose consent the requested action cannot Iaw£ully be accomplished.
Applicants other than owners must submit power-of-attorney from the owner
which approved of this action on his beh
alf.
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Signature of Applicant = ~~ ~</L 2 /
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Subscribed and sworn to me this 4~day of [(X~~(`h~ 19 g~_
1 ~ Notary Public - .-
SEAL
My commission expires ~~a~.-q~
Date Received ?y=~~ Receipt No, ~Q(~ Case No.
M E M O RAN D U.M.
TO: Steve Nguyen
FROM: Meredith Reckert
DATE: April 5, 1995
RE: Fence height variances
We have received two requests for fence height variances as
follows:
1. Case No. WA-95-7: A 2 foot fence height variance to allow
an 8 foot solid fence along the rear and side property lines
at 7105 W. 30th Avenue.
2. Case No. WA-95-9: A 2 foot fence height variance to allow a
6 foot high fence. along the front property line at 9801 4d.
38th Avenue.
Please review these requests for potential sight. distance issues.
The public hearing is scheduled for April 27, 1995.
MEMORANDUM
Approved Date
TO: Meredith Reckert, Planner
FROM: Steve Nguyen, Civil Engineer St~
DATE: April 10, 1995
SUBJECT: Fence height variances
Public Works has reviewed the above captioned plan and have the following comments:
1. The Department finds no problem with the proposed fence height at 7105 W. 30th Avenue as
long as the fence stays at the current location.
2. Reference 9801 W. 38th Avenue, the proposed fence height will have to meet the 15-feet sight
triangle requirements, per City Code, on either side of the driveway.
Please see me if you have any questions regarding this memo.
~ ~
NOTICE OF PIIBLIC HEARING
Notice is hereby given of a public hearing to be held before the
Wheat Ridge Board of Adjustment on April 27, 1995, at 7:30 p.m.,
at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the public hearing or submit
written comments,. The following petitions shall be heard:
A. Case No, TUP-95-4: An application by Lucile Knowlton for
approval of a Temporary Use Permit to allow a motorhome to
be used as a residence for a dependant care aid on
Agricultural-One zoned property located at 4471 Kipling
Street.
B. Case No. WA-95-8: An application by David Rediger for
approval of a variance to allow possession of a pot-bellied
pig on Residential-One zoned property located at 9733 W.
32nd Avenue.
C. base No. WA-95-7: An application by Hazel Bond for approval
of a 2 foot fence height variance for property zoned
Residential-Two and is located at 7105 W. 30th Avenue.
D. Case No. WA-95-9: An application by T.W.. Taylor for
approval of a 2 foot fence height variance for property
zoned Residential-Two and is located at 9801 W. 38th Avenue.
E. Case No. WA-95-10: An application by Michael Elmont for
approval of a 7 foot side yard setback variance in a
Residential-One zoned property located at 6730 W. 29th
Avenue. ~~~
Ma~4~~~`~ Chap~~~la~taer`~ry
Wanda Sang, City Clerk
To be published: April 13, 1995
Jefferson Sentinel
P.O-BOX 638 - TELEPHONE: 303/237-6944 .The City OI
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 (Z~ Ihea~
~~Ridge
Apri'1 .12,..1495
This is to inform you that, Case No. WA~45~2 which is .a request
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for approval o~ a 2 foot fence height variance to allow a 6 foot high fence
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in the Front yard in a Residential-One zone district.
for property located at 9801 W. 38th Avenue
will be heard by the Wheat Ridge BOARD OF ADJUSTMENT in the
Council Chambers of the 'Municipal Complex, 7500 West 29th Avenue
at _ 7:30 P M ~ pn April 27, 1995
All owners and/or their legal counsel, of the parcel under
consideration must be present at this hearing before the BOARD OF
ADJUSTMENT.
As an area resident or interested party, you have the right to
attend this Public Hearing and/or submit written comments.
It shall be the applicant°s responsibility to notify any other
persons whose presence is desired at this meeting.
If you have any questions or desire to review any plans, please
contact the Planning Division. Thank you.
PLANNING DIVISION
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CITY OF WHEAT RIDGE PLANNING DIVISION
STAFF REPORT
TO: BOARD OF ADJUSTMENT
DATE OF MEETING: April 27, 1995 DATE PREPARED: April 20, 1995
CASE NO. & NAME: WA-95-9/TAYLOR CASE MANAGER :`'Meredith Reckert
ACTION REQUESTED: A 2' fence height variance
LOCATION OF REQUEST: 9801 W. 38th Avenue
NAME & ADDRESS OF APPLICANT: T.W. Taylor
9801 W. 38th Avenue
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER: Same
APPROXIMATE AREA: Approximately 30,000 square feet
PRHSENT ZONING: Residential-Two
PRESENT LAND USB: Low-density residential
SURROUNDING ZONING: N: & S: R-l, 8: & W: R-2
SURROUNDING LAND USE: N: Everitt Jr. High, S: Vacant,
E: & W: Low density residential
DATE PUBLISHED: April 13, 1995
DATE POSTED: April 13, 1995
DATE LEGAL NOTICES SENT: April 12, 1995
AGENCY CHECKLIST: ( ) ATTACHED (XX) NOT REQIIIRED
RELATED CORRESPONDENCE: ( ) ATTACHED (XX) NONE
ENTER INTO RECORD:
( ) Comprehensive Plan (XX) Case File & Packet Materials
(XX) Zoning Ordinance ( ) Slides
( ) Subdivision Regulations (XX) 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.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-95-9 Page 2
I. REQIIEST
The applicant requests approval of a 2 foot fence height
variance to allow a 6 foot high fence in.-.the front setback
at 9801 W. 38th Avenue. Pursuant to Section 26-30(I)(1) of
the Wheat Ridge Code of Laws, no fence, divisional wall or
hedge above the height of 48 inches shall be permitted
within a minimum required front yard setback."
The house appears to be set back 30 feet.-from the front
property line.
West 38th Avenue along the frontage of the property is being
reconstructed as part of the City's street widening project.
As .part of the right-of-way negotiations with the owner, the
City Department of Public Works agreed to build a retaining
wall and a 4 foot high fence. The grade change between the
sidewalk and the applicant's property is roughly 4 feet.
The fence will be 6 feet behind the retaining wall. The
applicant has requested the variance so he can extend the
fence another 2 feet.
The City's Traffic Engineer has reviewed this request and
has requested that the City's sight distance regulations for
driveways be followed.
22. CRITERIA
Staff has the following comments regarding the criteria used
to evaluate a variance request.
1. Caa the property in questioa yield a reasonable return
is use, service or income if permitted to be used only
under the conditions allowed by regulation for the
district in which it is located.
The property is currently used as a residence and
studio and will continue to be used thusly if the
variance is not granted. The property would be more
"livable" and pleasant with the higher fence as it
would serve as a noise and visual barrier.
2. Is the plight of the owner due to unique circumstances.
Circumstances are not unique. All of the homes along
W. 38th Avenue are required to follow the same fence
height regulations.
BOARD OF ADJITSTMENT STAFF REPORT
CASE NO. WA-95-9 Page 3
3. If the variance were granted, would it alter the
essential character of the locality.
There are no other 6 foot high fences in the front yard
in this area.
4. Would the particular physical surrounding, shape or
typographical 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 property is 4 feet above the street which could be
considered a hardship since it is fully visible to
vehicles travelling on 38th Avenue.,
5. Would the conditions upon which the petition for a
variation is based be applicable, generally, to the
other property within the same zoning classification.
A precedent could be established for similar request if
no hardship or unique circumstances are found.
6. Is the purpose of the variation based exclusively upon
a desire to make money out of the property.
The purpose of this request is not economically
motivated.
7. Bas the alleged difficulty or hardship been created by
any person presently having an interest in the
property.
No hardship has been created by the applicant.
8. Would the granting of the variation be detrimental to
the public welfare or injurious to other property or
improvements in the neighborhood in which the property
is located.
The granting of this variance will not be injurious to
other improvements or property in the neighborhood as
there should be no sight obstruction if the driveway
sight distance is met.
BOARD OF ADJUSTMENT STAFF REPORT
CASE NO. WA-95-9 Page 4
9. Would the proposed variatioa impair the adequate supply
of light aad air to adjacent property or substantially
iacrease the congestion in the public streets or
increase the daager of fire or endanger the public
safety or substantially diminish or impair property
values withia the neighborhood.
The granting of this variance should not increase
street congestion, increase fire danger or negatively
affect property values in the neighborhood. It could
reduce the amount of light to the residence to the
east.
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WHEAT RIDGE BOARD OF ADJIISTMHNT
MINIITES OF MEHTING: April 27, 1995
Page 7
2. There is a governmental program which could provide
assistance to the applicant by adding a second bedroom
or second dwelling unit to the house.
3. There are several programs in place for in-home care at
various levels to assist the applicant, and these will
provide better care than what appears to be"currently
provided by residents of the motorhome.
Motion was seconded by Board Member ECHELMEYER.
Discussion followed with Board Member SANG offering a
friendly amendment.
4. The City will work with the applicant to find a viable _ _
solution that will help the City as well as the
applicant.
Amendment accepted by Board Members ABBOTT and ECHELMEYER.
Mrs. Knowlton said if the city wants to help her she is more
" than willing to accept that, however she does not want to
build a duplex. Board Member ABBOTT replied that was only a
( suggestion offered by staff as a possible way to earn
income, but nothing in the motion requires that.
Motion carried 5-0. Resolution attached.
Susan Ellis spoke in regards to Board Member SANG's
amendment, saying the City is working with Mrs. Knowlton's
numerous violations and they are aware she has limited
income and resources.
B. Case NO. WA-95-9: An application_by T.W. Taylor for
approval of a 2 foot fence height variance for property
zoned Residential-Two and is located at 9801 W. 3$th Avenue.
Glen Gidley presented the staff report. All pertinent
documents were entered into record, which Chairman HOVLAND
accepted.
Board Member ECHELMEYER asked what were the line. of stakes
to the west towards the retaining wall, and Mr. Gidley
answered they are the stakes that constitute the location of
the fence.
Board Member ECHELMEYER asked if the City is committed to
building this fence., and Mr. Gidley replied yes. The City
i will build a 4 foot fence, and the applicant will pick up
the cost of the additional 2 feet.
WSEAT RIDGE BOARD OF ADJIISTMSNT
MINIITSS OF MEETING: April 27, 1995 Page 8
Board Member ABBOTT wanted to know if the trees planted will
be on city property, and Mr. Gidley answered any landscaping
will be on the applicant's property.
Board Member ABBOTT asked if the maintenance of the trees
will be the responsibility of the property owner, and Mr.
Gidley said his understanding is the fence and any
landscaping would be the applicant's responsibility. `
Board Member SANG asked if the driveway is to the east, and
Mr. Gidley answered yes. There is a rise above the wall and
then it goes back about 6 feet; the fence will be angled so
that it does not encroach into the sight triangle.
Board Member SANG asked if the fence would be 6 feet from
the top of the mound, and Mr. Gidley replied the 6 feet will
be measured from natural .grade.
No further questions were asked of staff.
Thomas Taylor, 9801 W. 38th Avenue, was sworn in. Mr.
Taylor said the fence.is not to be built on the mound. He
talked to John McGuire with the Public Works Department, who
said the fence will be built 6 feet behind the wall and will
be on natural grade level. The trees and shrubbery are
meant to stop children from walking on the retaining wall.
There will be dense, low-growing junipers that will droop
over the sides of the wall, thus making it unpleasant to
walk on. Mr. Taylor said they were concerned about the
safety of anyone falling off of the retaining wall and
reluctant to have it there unless there is some type of
protection. He said he will be total responsible for _
maintaining the shrubbery.
Mr. Taylor continued saying the only lattice part will be on
half of the indentations of the fence. He feels it will be
a decorative element and will also help in blocking the
wind.
Board Member SANG said with the property being so high above
the street already, why is it necessary to have a six foot
fence rather than a four foot. Mr. Taylor said since the
day he bought the property he always wanted to improve the
front, but knew the street improvement has been in question
the whole time he has lived there. The shrubbery was
removed and with it went the visual and sound screening, so
part of the agreement was to try and recover some feeling of
privacy.
WHEAT RIDGE BOARD OF ADJiTSTMENT
MIND'TES OF MEETING: April 2Z, 1995
Page 9
Mr. Taylor said this is a large property and the house only
constitutes a small area. He has always enjoyed walking in
the privacy of-his yard and now there is none. The property
continues upward so a six foot fence will seem like nothing
from the ,street, but from the inside it will give them some
privacy as well as sound protection. Mr. Taylor said he has
always wanted a six foot fence, however he does plan on
planting dense shrubbery there also.
Board Member SANG said there is no problem with having a 6
foot fence in the side and back yard without a variance.
The site through the vacant property on Kipling Street could
change anytime, as it has~been vacant far quite a number of
years. Mr. Taylor said_the 6 foot will help cut down on the
sound and flashing lights from emergency vehicles. The
applicant added that he is picking up the tab on the
difference in cost.- He said the stakes are 6 feet from the
retaining wall. They have irrigation rights and intend on
building a trench so all of the landscape gets irrigated.
Mr. Taylor read and entered into the record a letter from
his neighbor to the west, Mrs. Thompson, stating she has no
objection to his fence request. The letter was labeled
Exhibit 'A'.
Board Member ECHELMEYER said he felt it was a shame what the
City has done to the properties along W. 38th Avenue. Mr.
Taylor added they miss the trees and feels his property is
unique and wants very much to have a few little type of farm
like places left in the town. He feels most horse
properties are going away, less and less green space along
that street. He said his is a wonderful place.
Board Member SANG asked staff if there would be a precedent
set since this property is unique, and Mr. Gidley replied he
feels the property is unique only in the stand point of its
size. The two homes directly to the west could never
replicate this because of the narrowness of their lots.
They could not create a similar situation without blocking
their driveways in the sight distance triangle. Mr. Taylor
has a larger lot and can separate his driveway and create a
sight distance triangle unobstructed. Mr. Gidley agreed
there is an awful lot of noise coming from that
intersection.
Mr. Taylor discussed the surrounding properties' fences and
driveways. Mr. Gidley said there have had requests over the
years from other properties on 38th Avenue for six foot
fences.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINIITES OF MEETING: April 27, 1995 Page 10
Mr. Gidley continued saying there is a 10 foot fence being
created on 38th and Wright Street, but that is more of a
sound barrier for the entire neighborhood protected from I-
70.
Chairman HOVLAND thinks it is unusual for all the streets in
the City to have the same fence regulations, and questioned
perhaps changing the regulations and asked how. Mr. Gidley
replied this matter has been considered when the development
regulations were re-wrote and discussed in the late 1980's,
but the result stayed the same.
Chairman HOVLAND questioned if there would be any benefit to
putting a-fence along the side of the house to baffle the
noise, and Mr. Taylor said if he tried to put the fence in
front it would still be inside the setback and it would have
to be right up against the wall. He pointed out that the
driveway circles around the house and said there is no
realistic place to put a fence.
Board Member HOWARD suggested planting a hedge, and Mr.
Taylor said yes, he intends to enhance this fence with
substantial plantings, but that all takes time. He said he
had a hedge and now it has been removed, and it was an old,
very substantial hedge.
Board Member HOWARD asked if there was any interest from
anyone else along 38th in having that same kind of fence
installed by the City, and Mr. Gidley answered he is not all
that familiar with the street construction plans as it.
relates to the interface with properties, but to his
knowledge no. Mr. Taylor said the style of this fence was
his idea initially, but Mr. Goebel recommended it to another
property owner on 38th.
No further questions were asked.
Motion was made by Board Member ABBOTT, that Case No. WA-95-
9, an application by Tom Taylor, be DENIED for the following
reasons:
1. The allowable 4 foot fence situated approximately 2 or
3 feet higher and 6 feet back from the retaining wall
creates a 10 foot barrier which is in effect 6 feet '
higher than normally permitted.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINOTES OF MEETING: April 27, 1995 Page li
2. The additional 2 feet of height would appear to have a
generally negligible effect upon sound attenuation due
to the substantially elevated base grade and the
incorporation of lattice and will more likely create a
visual effect detrimental to the passing public than a
positive sound attenuating effect to the property.
Motion was seconded by Board Member HOWARD. Motion for
denial carried 5-0. Resolution attached.
E. Case No. WA-95-10: An application by Michael Elmont for
approval of a 7 foot side yard setback variance in a
Residential-One zoned property located at 6730 W. 29th
Avenue,.
The applicant was not present at this time and no
notification by the applicant, so upon motion by Board
Member ECHELMEYER, seconded by Board Member SANG, the case
was voted not to be heard. Motion carried 5-0.
4. CLOSE THE PUBLIC HEARING
5. O,LD BUSINESS
6. NEW BUSINESS
A. Approval of Minutes
Motion was made by Board Member HOWARD,,seconded:by
Board Member ABBOTT, that the minutes of March 23, 1995
be approved as printed. Motion carried 5-0.
7. ADJOURNMENT
Motion was made by Board Member SANG, seconded by Board
Member ABBOTT, that the meeting be adjourned. Meeting was
adjourned at 9:36 p.m.
Mary u hapla, Secr tary
CERTIFICATE OF RESOLUTION
I, Mary Lou Chapla, Secretary to the City of Wheat Ridge Board of
Adjustment, do hereby certify that the following Resolution was
duly adopted in the City of wheat Ridge, County of Jefferson,
State of Colorado, on the 27th day of April , 1995.
CASE NO: WA-95-9
APPLICANT'S NAME: T.W. Taylor
LOCATION: 9801 W. 38th Avenue
Upon motion by Board Member ABBOTT , seconded by Board Member
HOWARD , the following Resolution was stated.
WHEREAS, the applicant was denied permission by an Administrative
Officer; and
WHEREAS, Board of Adjustment Application, Case No. WA-95-9
is an appeal to this Board from the decision of an Administrative
Officer; and
WHEREAS, the property has been posted the required 15 days by law
and there WERE NO protests registered against,it; and
WHEREAS, the relief applied for MAY NOT 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 Board of Adjustment
Application Case No. WA-95-9 , be and hereby is DENIED.
TYPE OF VARIANCE: A 2' fence height
FOR THE FOLLOWING REASONS:
1. The allowable 4' fence situated approxiunately 2 or 3' higher
and 6' back from the retaining wall creates a 10' barrier
which is in effect 6' higher than normally permitted.
2. The additional 2' of height would appear to have a generally
negligible effect upon sound attenuation due to the
substantially elevated base grade and the incorporation of
lattice and will more likely create a visual effect
detrimental to the passing public than a positive sound
attenuating effect to the property.
VOTE: YES: Abbott, Echelmeyer, Hovland, Howard and Sang
NO: None
DISPOSITION: Variance request denied by a vote of 5-0.
D ~D this 27t day f April, 1995.
-rc~~~p~C.h
P UL HOVLAND, Vice Chairman Mary Lo hapla, Secr tary
Board of Adjustment Board o~'djustment