Loading...
HomeMy WebLinkAboutWF-84-02CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING - JUNE 28, 1984 PAGE 4 Discussion followed relating to the number of cars parked on the property and it was ascertained that the 20 cars would include employees' cars. (This would be enforced via the complaint procedure by Code Enforcement according to Mr. Gidley). Mr. Debus stated that the property manager who lives on the property could enforce this. Board Member GRIFFITH stated that he would be voting against the motion because he does not believe that the nine questions to support this application have been met sufficiently. He felt thi: is strictly for profit and he is concerned about the increased traffic and there is some argument as to whether or not it would set a precedent. There are safety problems and sight problems on the property. He did not feel the Board of Adjustment's purpose is to generate revenue for the City or property owners. Board Member BLAIR stated that he felt that the traffic safety concerns,have been addressed in the motion. He felt that any use of the property would be an improvement over what is there at the present time. VOTE: YES: Worth, Blair, Reynolds, Watson NO : Griffith Temporary Use Permit granted. Resolution is attached. C. Case No. WF -84-2: Application by Elmer McMillan for approval of a Special Exception to the Flood Plain Ordinance to fill-in the flood plain on Lots 4, 5, 6 and 7 of the Fernwood II Subdivision located at approximately 4000 Hoyt Court. Mr. Gidley presented the staff report. The Zoning Ordinance, Case File, Packet Materials, Slides and Exhibits were entered into the record which Chairman WATSON accepted. In addition, the Board was provided with minutes of meetings of the Board of Adjustment of August 27, 1981, October 22, 1981, July 23, 1981, December 10, 1981, relating to this property. The Board denied a similar request on December 10, 1981. Maurice Fox, attorney for the application, 4465 Kipling, Wheat Ridge, was sworn in. He stated that Mr. McMillan wished to bring in fill on Lots 4, 5, 6, 7 of Fernwood Subdivision in order to bring the four lots one foot above the 100 -year flood plain. A drainage plan has been submitted and all requirements of Appendix B of the Flood Plain Ordinance have been met. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING - JUNE 28, 1984 PAGE 5 Mr. Tom Gibbs, 3940 Hoyt Court, was sworn in and spoke in opposition. He objected to the manner in which the engineering report was presented. It is the same as it was 2 1/2 years ago. There is no commitment on the part of the property owner as to exactly what he proposes to do. There is a fireplug on the property which will be covered and he wanted to know who would be responsible for raising it. Also he was concerned about the cul-de-sac and who is going to be responsible for the damaged caused to the streets. Mr. Gibbs entered into the record a map from the Urban Drainage & Flood Control District which showed the homes that are in the flood plain and had to be covered by flood insurance. This was marked as Opponents' Exhibit A and made a part of the case file. The UDFC Map does not coincide with the City Map and Mr. Gidley stated that the Federal maps are incorrect. Mr. Gibbs was concerned about drainage and damage to surrounding property if Mr. McMillan was allowed to fill within the flood plain. Vance Kolesar, 3930 Hoyt Court, was sworn in. He stated that the signs were not visible most of the time. He expressed concern regarding drainage problems that this fill would create for the surrounding homes. Randy Zyla, 3885 Hoyt Street, was sworn in. He was opposed to the request and added that in addition to problems already stated, he was concerned about traffic problems. Tony Ficco, 3925 Hoyt Court, was sworn in. He expressed concern regarding the damage to the streets by dump trucks carrying fill and also drainage problems as a result of filling the lots. The Board stated that the question before it was whether Mr. McMillian be allowed to fill within the flood plain. Drainage problems could not be addressed at this hearing, by the Board. Discussion was had regarding the posting of the property and it was the Board's determination that the property was properly posted by staff and several members of the Board had inspected the property and seen the posting. In addition, an affidavit and picture of the posting in the case file evidenced that the property was posted. Mr. Gidley stated that drainage concerns which have been expressed by all the opponents should have been expressed at time of subdivision platting. The Board has no responsibility as far as subdivisions are concerned. The concerns expressed are valid but should have been resolved at time of subdivision platting. The site will be developed in accordance with the drainage criteria of the City of Wheat and of the UDFC. The site will be developed in accordance with the building codes. Conditions can be placed by the Board relating to the fire plug being raised prior to fill. The Chair declared a 10 minute recess. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING --JUNE 28, 1984 PAGE 6 Upon reconvening motion was made by Board Member BLAIR that Case No. WF -84-2 be approved for the following reasons: 1. The staff has recommended approval. 2. The Board has been presented with competent, professional engineering reports which have specified there will be no significant impact on adjacent properties if this Variance is granted. WITH THE FOLLOWING STIPULATIONS: 1. Heavy rip-rapp be placed on the north and west sides of this fill area to ensure bank stabilization. 2. The fill be constructed in accordance with competent engineering procedures and City standards. 3. The rights of adjacent property owners be fully protected with regard to completion of streets and surfaces of the streets and they shall have access to a high level of fire protection regarding the flood plain. Motion was seconded by Board Member SANG. Mr.Gidley requested clarification of the Stipulation No. 3 relating to streets. Board Member BLAIR stated that the streets that are now there, if they are damaged by the fill, the applicant is responsible for the repair. The access to high level of fire protection should address the question of the plug being accessible all the time. Discussion on the motion followed, with Board Member WORTH stating that she would vote against the motion for the reasons that the Engineering study does not provide recourse for the adjacent properties. They have not addressed where the water is going to go. She could not in all conscience vote for this if the engineers can't tell her where the water that is being dis- placed is going to go. Mr. Gidley pointed out that the Engineer was present in the audience. Motion was made by Board Member WORTH that the motion before the Board be suspended and the hearing be reopened for testimony from the engineer who represents the applicant and did the engineering study. Motion seconded by Board Member SANG. Carried unanimously. The applicant's Engineer, David Clement, who did the engineering work, 3328 South Ammons, was sworn in. He gave a detailed presentation to the Board regarding the proposed fill of the Fernwood Subdivision lots. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING - JUNE 28, 1984 PAGE 7 Board Member WORTH asked where the displaced water would go in the event of a flood. Mr. Clement stated that in case of a flood there would be no water displaced from the property because it would not go on to the property in the first place, therefore there would be no water to be displaced. It would just continue on down Clear Creek. Board Member BLAIR moved that Mr. Kolesar be allowed to ask questions of the Engineer. Seconded by Board Member GRIFFITH. Carried unanimously. Mr. Kolesar asked Mr. Clement what has substantially changed from the first time that this application was turned down. Mr. Clement stated the change was the review by Urban Drainage & Flood Control District which was asked for by the City of Wheat Ridge. All recommendations of UDFC have been incorporated in the engineering report. Mr. Clement clarified the computer readout in his engineering study. Also, Mr. Kolesar asked what the effect of the rip rapp on subject property would have on the adjacent two properties and the low lands on either side outside the rip rapp. Mr. Clement stated that the effect on any of the adjacent properties upstream or downstream is nothing. If they were in the flood plain prior to the fill, they will be in the flood plain after the fill. If they were outside the flood plain prior to the fill, they will remain outside the flood plain after the fill. Motion was made by Board Member BLAIR to suspend the 11:00 P.M. adjournment rule and proceed with the balance of the agenda. Seconded by Board Member WORTH. Carried unanimously. Further discussion continued, and the Chair called for action on the motion made by Board Member BLAIR. VOTE: YES: Blair, Sang, Watson, Griffith NO : WORTH Special Exception to the Flood Plain Ordinance was granted. Resolution is attached. D. Case No. WF -84-3: Application by Robert and Mollie Williams for approval of a Special Exception to the Flood Plain Ordinance to fill in the flood plain on property located at 4505 Everett Drive. Mr. Gidley presented the staff report. The Zoning Ordinance, Case File, Packet Materials, Slides and Exhibits were entered into the record which Chairman WATSON accepted. In addition, Mr. Gidley stated that a memo from Bob Goebel, Public Works Department, dated June 25, 1984, was received by staff approving this application and while this application does not include the adjacent Bowser property, most of the discussion and documents does include information relating to the Bowser and Williams property. CERTIFICATION OF RESOLUTION I, Seemah Betz, 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 28th day of JUNE , 198.4. • CASE NO: WF -84-2 APPLICANT'S NAME: ELMER McMILLAN LOCATION: LOTS 4, 5, 6, 7 - FERNWOOD II SUBDIVISION Upon motion by Board Member BLAIR seconded by Board Member SANG , the following Resolution was stated. WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of Adjustment Application, Case No. WF -84-2 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/XMINDEW protests registered against it; and WHEREAS, the relief applied for MAY/y®!� 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. WF -84-2 be and hereby is APPROVED/nn ®. • TYPE OF VARIANCE: Special Exception for Landfill in the Flood Plain AMOUNT: N/A PURPOSE: To allow development on Lots 4, 5, 6 and 7 of the Fernwood II Subdivision FOR THE FOLLOWING REASONS: 1. The staff has recommended approval. 2. The Board has been presented with competent, professional engineering reports which have specified there will be no significant impact on adjacent properties if this Variance is granted. WITH THE FOLLOWING STIPULATIONS: 1. Heavy rip-rapp be placed on the north and west sides of this fill area to ensure bank stabilization. 2. The building be constructed in accordance with competent engineering procedures. 3. The rights of adjacent property owners be fully protected with regard to completion of streets and surfaces of the streets that are now there, if they are damaged by the fill, the applicant is responsible for the repair and they shall have access to a high level of fire protection and the fire plug on the fill location should be accessible at all times. VOTE: YES: Blair, Sang, Watson, Griffith . NO Worth 116 b Dated this 28th day of June , 1984. KAREN J. WATSON,TSONChairman Seemah Betz Secre r V Wheat Ridge Board of Adjustment Wheat Ridge Board f Ai C V a", JA i of