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HomeMy WebLinkAbout3821 Otis Street7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 RIdgC FAX 303/235-2857 July 6, 2004 Keith Gantenbein 8106 Drew Hill Rd. Golden, CO 80403 Deaz Mr. Gantenbein: RE: Case No. WA-04-03 Please be advised that at its meeting on June 24, 2004, the Boazd of Adjustment DENIED your request for a 206 squaze foot variance from the 9,000 square foot minimum ]ot area requirement to allow a two-family dwelling on vacant land zoned Residential-Three and located at approximately 3821 Otis Street for the following reasons: The property will continue to have a viable use. 2. There is a means to acquire the additional 206 squaze feet because there is a common owner of the subject lot and the lot to the north. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Boazd's decision. Should you decide to appeal the decision of the Boazd, you wil] need to notify the Jefferson County district court in writing within 30 days of the Boazd's decision. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, ~I~w Kathy Field Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes WA-04-03 (case file) Building File CADocuments and SettingsUcathyflMy DocumenisV:athy\BOA\CORRESP\2004\wa0403denial.wpd CERTIFICATE OF RESOLUTION I, Ann Lazzeri, 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 24th day of June. 2004. CASE NO: WA-04-03 APPLICANT'S NAME: Crawford Holding Corp. LOCATION: 3821 Otis Street WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Boazd of Adjustment Application Case No. WA-04-03 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law, and in recognition that there WERE NO protests registered against it; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfaze and without substantially impairing the intent and purpose of the regulations goveming the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Boazd of Adjustment Application Case No. WA-04-03 be, and hereby is, DENIED. TYPE OF VARIANCE: A 206 square foot variance from the 9,000 squaze foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Three and located at approximately 3821 Otis Street. FOR THE FOLLOWING REASONS: The property will continue to have a viable use. 2. There is a means to acquire the additiona1206 squaze feet because there is a common owner of the subject lot and the lot to the north. VOTE: YES: ABBOTT, BELL, BLAIR, ECHELMEYER, DRDA, HOVLAND, HOWARD, MOLNAR NO: None Board of Adjustment Resolution WA-04-03 Page two (2) DISPOSITION: A request for approval of a 206 squaze foot variance from the 9,000 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Three and located at approximately 3821 Otis Street was DENIED. ADOPTED and made effective this 24h day of June. 2004. Robert Blair, Chair Boazd of Adjustment Ann Lazzeri, Secret Boazd of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting June 24, 2004 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BLAIR at 730 p.m. in tbe Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. 2, ROLL CALL Members Present: Tom Abbott Janet Bell Bob Blair Paul Drda Bill Echelmeyer Paul Hovland Bob Howazd James Molnaz Staff Present: Jeff Hirt, Planning Technician Meredith Reckert, Sr. Planner Ann Lazzeri, Recording Secretary The following is the official set of Boazd of Adjustment minutes for the public hearing of 7une 24, 2004. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this time. 4. PUBLIC HEARING A. Case No. WA-04-03: An application filed by Crawford Holding Corp. for the Estate of Rosemary and Pete Ricci for approval of a 206 square foot variance from the 9,000 square foot minimum lot azea requirements to allow a two-family dwelling unit on property zoned Residential-Three and located at approximately 3821 Otis Street. The case was presented by Jeff Hirt. He advised the Boazd there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. Staff recommended denial of the application for reasons outlined in the staff report. -1- Board of Adjustment 06/24/04 In response to a question from Chair BLAIR, Mr. Hirt explained that staff recommended denial in this case based on the conclusion that the application presented a self-imposed hardship. The lot could be utilized for a single-family dwelling without a variance. In response to a question from Board Member ABBOTT, Ms. Reckert explained that setbacks would remain the same for either a single or two-family dwelling. Board Member DRDA commented that a two-family dwelling would violate the Comprehensive Plan. Mr. Hirt replied that the application would represent ten dwelling units per acre and the Comprehensive Plan calls for four. Keith Gantenbein 8106 Drew Hill Rd., Goiden Mr. Gantenbein, was swom in by Chair BLAIR. Mr. Gantenbein plans to purchase and develop the subject property. He submitted a copy of the plans for the two-family dwelling proposed in the application for the Boazd's review. He stated the reasons for requesting the variance. First of all, the location of the lot is not suitable for a single-family dwelling. There is commercial and muiti-family building in the immediate azea. Secondly, the option of going through the subdivision plat process would not be feasible in terms of time and money. Boazd Member HOVLAND asked for clarification regazding the correct lot size. Ms. Reckert stated that the conect lot size is 8,794 squaze feet. Boazd Member BELL inquired about the circumstances involved to cause Otis Street to be curved in this location. Ms. Reckert stated that this was done some time during the 1940's or 1950's before the city was incorporated and it is not known what reasoning was used at that time. A survey was requested because of the skewed size of the lot. Boazd Member ECHELMEYER expressed concem that the applicant could build something other than what is shown in the plans submitted during the meeting. He referred to a previous Boazd of Adjustment case where the Board's recommendations were not followed. Mr. Gantenbein stated that, should the vaziance be approved, he would agree to a condition requiring the building to conespond to those plans submitted during the meeting. Boazd Member BELL stated that she could not find a hardship in this case because the lot is suitable for a single family dwelling and there aze other avenues to pursue as far as building a two-family dwelling. -2- Boazd of Adjustment 06/24/04 In response to a question from Boazd Member ECHELMEYER, Ms. Reckert stated that the subject azea is not in an urban renewal azea. Ms. Reckert explained that a zone change would require a planned residential development to build on the property. Another option would be to adjust the (ot line to enlazge the lot to allow the two-family dwelling witbout a variance. Boazd Member ABBOTT asked if irregularly shaped lots could be considered a hazdship. Meredith Reckert stated that this usually applies to setback vaziance requests on inegulazly shaped lots. Staff did not conclude that there was any problem in that regazd for this application. Art Coltrin 10560 West 35`h Avenue Mr. Coltrin was sworn in by Chair BLAIR. Mr. Coltrin is the present owner of the subject lot and the adjacent property to the north. He urged the Board to approve the vaziance. He did not believe the property is suitable for a single- family dwelling. Boazd Member BELL suggested that, since Mr. Coltrin owns both pieces of property, another option would be to adjust the lot line between the two lots, making the subject lot large enough for a two-family dwelling. In response to a question from Mr. Coltrin, Ms. Reckert stated that the lot line adjustment process would take approximately two months. Barbara Coltrin 10560 West 35`h Avenue Mrs. Coltrin was swom in by Chair BLAIR. She is the personal representative for the estate in which the subject property is involved. She asked the Boazd to approve the application. In response to a question from Boazd Member HOWARD, Mr. Hirt stated that no objections to the proposal have been received by the city. Upon a motion by Board Member BELL and seconded by Board Member MOLNAR the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-04-03, is an appeal to this Board from the decision of an administrative officer; and Boazd of Adjustment - 3 - 06/24/04 Whereas, the property has been posted the fifteen days required by law, and in recognition that there were no protests registered against it; and Whereas, the relief 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. Now, therefore, be it resabed that Board of Adjustment Application Case No. WA-04-03 be, and hereby is, denied. Type of variance: A 206 square foot variance from the 9,000 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Three and Iocated at approximately 3821 Otis Street. For the following reason: 1. The property wi11 continue to have a viable use. Board Member ABBOTT offered t6e following friendly amendment to the reasons for denial: 2. There is a means to acquire the additiona1206 square feet because there is a common owner of the subject lot and the lot to the north. The amendment was accepted by Board Member BELL. Boazd Member MOLNAR stated that he would not accept the amendment because he was concerned that should the property be sold in the future, this could present a problem for future property owners. Board Member DRDA then seconded the motion and a vote was taken. The motion for denial passed 8-0. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public heazing portion of the meeting. 6. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS • Boazd Member ABBOTT asked the staff to research Boazd Member ECHELMEYER's comments about 3694 Chase Street where he believed the Boazd's recommendations were not complied with. Boazd of Adjustment - 4 - 06/24/04 Ms. Reckert stated she would look into this matter and report back to the Boazd. Aaaroval of Minutes - It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes of May 20, 2004 as presented. The motion passed unanimously. 8. ADJOURNMENT There being no further business to come before the Board, the meeting was adjoumed at 8:25 p.m. Robert Blair, CHAIR Ann Lazzeri, Secretary Boazd of Adjustment - 5 - 06/24/04