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HomeMy WebLinkAboutWA-97-15The City of ADMINISTRATIVE PROCESS APPLICATION Wheat Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant~~Gp~G~c-~ Address ~FS /•~~ ~ok/OV*y'rfrone r~.3 0/9 ~oc~G 'E@Co ~'0.~08 Owner ,S,G,1M ~ Address - Phone /Og~pyu - Location of request/~6 ~S ~ .7:~ ~ , ~~^, ~° ~ ,o AV~ L_~{~Yi-c~"~e~f' GG Type of action requested (check one or more of the actions listed below which pertain to your request.) Change o£ 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 8 Preliminary Miscellaneous plat Final Solid waste landfill/ [] ** See attached procedural guide mineral extraction permit for specific requirements. ^ Other __ N~ rrequest ,64i~d Detailed Descri tion of / ~ ~ ~e/CF /~L-a.~G- C>~ 3a ASE, ~ //7/S~ ~ O~ 1G ~ /~~'iv c p List all persons and companies who hold an interest in the described. real property, as owner, mortgagee, lessee, o ptionee, etc. NAME ADDRESS To ~ /~A.~ /G~~ .,s 703 X~ PHONE ovo~ CJA~1 AiPr/A,~A ~'a 5~a?3 0/1~ , 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 acti on cannot lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action n hi beh alf. Signature of Applicant Subscribed and sworn to me thi 2~ //////////~~~~~~ ay of f6~, 19 AYP E MA S ry Pu lic SEAL NOTARY PS38LIC SPATE OF ktICI~IIGAN ' ~ ' Y y wAStttENAwCOi7Nl commission expires /~'zZ- i Z ov. z2 i497 ~' - - Date Received (a-Z,-y-s xeceipL No. ~~u3~r~- i,ase ivc~. ~. ~~ f NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on June 26, 1997, 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: 1. Case No WA-97-I5: An application by Tom Radigan for approval of a two foot fence height variance for Residential-One zoned property located at 10845-10875 W. 32nd Avenue. Mary Lou Chapla, Recording Secretary ATTEST: Wanda Sang, City Clerk To be Published: June 6, 1997 Transcript .. , P.O. BOX 638 TELEPHONE: 303/237-6944 The City Of 7500 WEST 29TH AVENUE -WHEAT RIDGE,.COLORADO 80033 cWheat Ridge This is to inform you that Case No. WA-97-15 which is a-.request £or aPProval of a 2` fence height variance for Residential-One for. property located at tO849-tnR75 w. 4~.,~t Aoon iya will be heard- by the Wheat Ridge BOARD OF ADJUSTMENT in the Council Chambers o£ the Municipal Complex, 7500 West 29th Avenue at 7.30 P.M. on June 26, 1997 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. i£ you have any questions or desire to review any plans, please contact-the Planning Division. Thank you. PLANNING DIVISION "Tlzc~ Ca.rn:~rtion City" ;., rj;~ `~'-.1 -..i 3~~~ ~ µ ~~ ` ~ ~~ t ~~( ; Q w ~~ ~ 4 O iti i ~~ ;~ v = ~~ j i • F..~~bbpp Q N G OL ~i ® ~+ _.- __. ___». Y... ss3auotl Nani3a~o 013d0~3AN3 d0 dOl ltl tf3N: Q 2 u~ ~ o • ~~ ( Y F ~ G t I hh'C 29E X96 d' r , ~ ~~ Z~ W N ~ +~. ~ \ qA ~ fm ~ I m /~ y1 ~1'~ F W ~ h ~ W 0 3¢ 8~ ~_ 3 G P 963 362 14 2 1 -O UJ m m m 1 cn m < m a ~ -ZI m y ~ ~ ~ W ~ p ~ iY I AM ~ ~ r ~ ~ m a ay. ~ - O my Ni.O ^ ~ ~ ao c., a ~a m * ~ m oo ~ p p ~ ~ T m C iiD Iy tm . T ~~ W ~< A ~ ~ O W !b O O C O fn N N O (D 1 ~, N ~~ ~.~ 1 f ~ M I ~ 0 IMPORTANT! 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PLACE STICKER AT TOP OF ENVELOPE TO ~ ~ ~ ~__~_ THE RIGHT OF RETURN ADDRESS. _. TT S_ J ,~- _ n ~_ a b o ~ .A Q '< ~ a W o Z ~~ N q 1 ~ m. w, ~ D y o a Q m ~ ~' Q m 3: n _ 's ~m a ~ ' ~ ~ a ~ 4v0 ~ a 0 < ~ '~ F..t= o m m a ~ H ~. a -: 6 a o ~i ,j •• i ' .l a 1•+K m 4 ~ '~'.') ' ~. ~y ~ 1 F o 0 ~.. 3 o ~ v '~ _ S ' ° d 4 3 _ m ° 'm n ~ _ ~ ~ a o ~ a I ~ ~ F _ ~ ~ ~ n '° S ~ ~ ~ ° = m a ~, a ~ ~` ` ~~ o 0~ ~ca m ~ ~ ~ ° /~ !(y ~ 3 S y ~ D O ~ ' ° Q m ~ D • (A o S ~m n ... m `«~ ~ °a a o ' ~.. ~ ~ m '3 '~ fY C. W ... .. ~,. ~ °^ ° n 3. mT ° o ~ o n ' ~a No J u o _ w o v¢ T ~ 6 y K 3 y ~ o 9 (~ E ~ ~ N 0 0 .s ~ Q O r ~ o u ~, _ '^ ..+ ~ ~ x a ° w d d a~ f ~ q ~~ ~a ' 3 a ~' $ ~ a D o ~<. ~~ o ~ O m m ..0 Z N ~.O O ~ - (~ a D' 3 m ^ ~ `° ~ m o w~ ;~ a N o ~ 7J ~ m ay a<~. - m W °~ y m tip ~ ~ ~ N o d a v m m ~oya~ ~ , -adj. r ° ~ a ~ m W ~ '< c3 .x. ~. m m m m r +~~ (C) 1996 TRW REDI Property Data 1)Situs:10780 W 35TH AVE WHEAT RIDGE CO 80033-5522 CO11-_ - APN :39-282-09-016 _ ASSd Land:$5,000 - Use iSFR - County:Jefferson CO Assd Imp :$46,160 Date:04/07/81 Bldar:4935 /4 /5 s R MapLoc:19-B* Zone: Total Val:$51,160 Doc#:25633 000 25 Sa1e:$393 oom : Story:2 Poo1:P RTSQ :69W03_S28NW , Lot Size :A2. 1stTD: Yrblt: Subdiv:BROOKSIDE Phone:303/233-9 655 - Owner-:ABBOTT .THOMAS L Own2nd:ABBOTT ISABEL I Mail :10780 W 35TH AVE; WHEAT RIDGE CO SJ0633=5522 Coll _ ------- 2)Situs:10925 W 32ND AVE WHEAT RIDGE C0 .80033 5445'C005 APN :39-282-0'9-014- CO Assd Land:$2,990 Use .SFR Assd-Imp :$10,020 Date': 09/01/78 B1dar:1490 _.. County:Jefferson * -Zone: Total Val:$13,010 Doc#:0-560033 Rooms:- / /2 MapLoc:19-B Lot Size Sale.: Story:l Pool:_ RTSQ :69W03S28NW 1stTD: Yrblt: Subdiv:BROOKSIDE ESTS Phone:303/237-9 065 Owner :ALDERMAN-WILL7S H Own2nd:ALDERMAN DOROTHY M Mail :0905 _W-32ND_AAE,_.WHEAT RIDGE CO 80033-544 5 0005 3)Situs~109O5_W 32ND AVE WHEAT RIDGE CO 80033 5445 C005 APN :39-282-09-013 Assd Land:$6,420 Use :SFR 100 Date:09/01/78 $21 d I - B1dar:2277 Coun -:Jefferson CO - , mp : Ass Total Val:$27,520 Dod#c0-560033 Rooms: /3 /3 ___ ne: MapLoc 19-B* Lot Size Sale: Story:l Pool: RTSQ W03S28NW 15tTD: Yrb1t: Subdiv:BR KSID ESTS__,_,_ Phone:303/237-9 065 Owner :ALDE WILLIS H Own2nd:ALD DOROTHY WH W 3 D-AVE EA'~RIDGE C6 800'33-5445 C005 ; Mail :1 05 - 4)Situs:10901 W 32ND AVE_ _ WHEAT RIDGE CO 80033 5445 C005 - a.. Y. APN :39=282-09-012 :SFR Assd Land:$6,230 Use 950 Date:06/16/75 :$5 d I - Bldar:933 County:Jeffersori CO , mp Ass 180 Doc#:390394 Total Va1:$12 Rooms: / /2 MapLoc:19-B*___ Zone: , Lot Size :A3.55 Sale:$52,500 Story:l Pool: RTSQ :69W03S28NW 1stTII: Yrblt: Subdiv:BROOKSIDE _-____ Phone:303/237-5050 Owner :NIELSEN THOMAS H Own2nd: Mail :1090~._W_32ND_AVE; WHEAT RIDGE_CO 80033=5445 COOS ____ 5)Situs:10825 W 32ND AVE WHEAT RIDGE CO 80033 5444 0005 310 Assd Land:$18 I~ APN i39-282-09-018 , Date:OE/30/93 Assd Imp Bldar: County:Jefferson CO - e: * Zo Total Val:$18-,310 Doc#:143828 Rooms: / / n MapLoc:19-B Lot Size Sale:$1,300,0 00 Story: Pool: RTSQ :69W03S28NW 1stTD: Yrblt:. Subdiv:BROOKSIDE _ - Phone: Owner APA DSSTINCTIVE~TD Own2nd: Mail :601 S BROADWAY #CCp - -- DENVER ~C~80ZD9-4066 C003 -- -- ---_ ,- - -- -- orted data believed R to be reliable but accuracy is xio~ guaranteed « ep » ~,• (C) 1996 TRW REDI Property Data ---------------CO--------~------------ -----------~-°~-----°-°----------------= 6)Situs: , APN c39-282-09-017 Assd Land:$8,990 _ Use :RESIDENTI_AL LOT County:Jefferson CO Assd Imp Date:07/30/93 Bldar: _ MapLoc:19-B~ __ Zone: Total Val:$8,990 .Doc#:143828 Rooms: /f / RTSQ__69W03S28 °~Lot Size Sale:-$1,300,000 Story: Pool: Subdiv:KEN MAR '~~~ 1stTD: - Yrblt: Owner :APA DISTINC 1LTD Phone: Own2nd:- " Mail :601 S B ADWAY; ENVER CO 80209-4003 0003 __. _.-... » Reported data believed to be reliable but accuracy is not guaranteed « 'J"byr-~ fzAf~i~~ ('o ~a yc- f 60'-~'-~ ~~hu~~z C,~ t3O308 CITY OF WHEAT RIDGE - PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: June 26, 1997 DATE PREPARED: June 18, 1997 CASE NO. & NAME: WA-97-15\ Radigan CASE MANAGER: Sean McCartney ACTION REQUESTED: Approval of a 2~ fence height variance, to the 4~ maximum fence height requirement. __ LOCATION OF REQUEST: 10845 W. 32nd Avenue NAME & ADDRESS OF APPLICANT(S) Tom Radigan 5703 Xenon Way Arvada, CO 80003 NAME & ADDRESS OF OWNER(S) Same APPROXIMATE AREA: 2.48 acres PRESENT ZONING: Residential-One PRESENT LAND USE: Single Family SURROUNDING ZONING: UST:, ~: and N: Residential-One and, ~S: Lakewood' SIIRROIINDING LAND USE: W:, ~: and N: Single Family and, S: Lakewood DATE PUBLISHED: June 6, 1997 DATE POSTED: -June 12,__1997 DATED LEGAL NOTICES SENT: June 12, 1997 AGENCY CHECKLIST: _( ). (XX) NOT REQUIRED -.---._ RELATED CORRESPONDENCE: ( ) (XX) NONE ENTER INTO RECORD: ( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS (XX) ZONING ORDINANCE (XX) EXHIBITS. ( ) SUBDIVISION REGULATIONS ( ) 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-97-15 I. REQUEST Page 2 The applicant is requesting approval of a 2° fence height variance, to the 4° Fence height requirement, to allow the construction of a 6' fence in the designated front yard. The applicant, whose property fronts W. 32nd Avenue, is seeking the variance for additional sound buffering from the nearby traffic. The_prope_rty in question is part of new four-lot subdivision, recently approved by City Council. The four-lots share access off of W.__32nd Avenue, thereby creating four flag-lot parcels-(see attached plat). According to the definitions section of the Wheat Ridge Code of .Laws (26-5, p.1685), a front lot line, for a flag lot, is defined as follows, "The front lot line of a flag lot shall be determined by the lot line. _ parallel with the nearest street from which access is obtained. Section 26-30(I)(1), establishes a maximum fence height, within the designated front yard, as 4'. Also, when a fence is located in a sight triangle (such as adjacent driveways), there may be no fence or hedge above 42", within the designated triangle. The applicant has proposed to construct the fence outside of the required 15' X 15' sight distance triangle, for driveways for adjacent properties. II. CRITERIA Staff has the following comments regarding the criteria to evaluate an application for an adjustment: 1. Can the property in question 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; and, Yes. If the variance is denied, the property may retain it's single- family use. 2. Is the plight of the owner due to unique circumstances; and, Yes. Although there are. other properties located along a collector in the City of Wheat Ridge, most of the properties are oriented towards a local street, therefore establishing a side yard along the. busier streets (6' fences are permitted along side property lines).. The applicant, whose property has .access from a private drive, has West 32nd Board of Adjustment Staff Report Page 3 Case No. WA-97-15 Avenue designated as the front property, not a side. 3. If the variation were granted, would it alter the essential character of the locality; and No. There are other 6' fences which currently exist along West 32nd Avenue (i.e. WA-84-_27), which were permitted for the same reason (noise buffering)_. , 4. Would the particular physical surrounding, shape, or topographical 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; and, No. The particular surrounding, shape or topographical condition of the specific property involved does not result in a particular hardship. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to other property within the same zoning classification; and, ' Yes. Anyone may apply for the same type of variance, but the outcome may not be the same. Variations are reviewed on a case by case basis. (. Is the purpose of the variation based exclusively upon the desire to make money out of the property; and, Yes. If the variance is denied, then the applicant will not be able to_ construct a 6' fence along West 32nd Avenue, which will reduce -the market value of the property. The main purpose of the variance is. to provide for a noise buffer and privacy. Yet, the applicant is permitted, by right, to construct a 6' fence 30' back from West 32nd Avenue. However the property could be made unbuildable. 7. Has the alleged difficulty or hardship been created by any person preseatly having an interest in the property; and, Yes. The hardship has been created by the applicant, who has sole Board of Adjustment Staff Report Page 4 Case No. WA-97-15 interest in the property. The applicant does -have. the option to construct a 6' privacy fence 30' from West 32nd Avenue. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and, No. Traditionally, a 6' fence built along a busy collector street could pose a possible traffic hindrance. But, the applicant has provided for _ no fence-development within the required sight distance triangle, This will allow for adequate visual pathways, for adjacent properties, and should help prevent traffic and pedestrian accidents. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increased the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood, and No. A 6' fence proposed along West 32nd Avenue will not impair the adequate-:-supply of light and air to adjacent properties;' as no properties are .located adjacent to the fence: Also, as stated before, there will be adequate provisions for sight visibility, therefore, there should not be any increase in traffic congestion. 10. If it is found in criteria 8 and 9 above, that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The__request for -the fence height variance is purely for individual benefit and should not benefit the neighboring community. Yet, approval of this variance will not pose a threat to the public's health, safety or welfare, should not cause any undue traffic congestion, and will not increase the threat of fire to adjacent properties. ~ t2~E© W I L if 'P~~ Rat rl~~ tav~,'c' bT -nC~"n 13Cn LAKEWOOD O F~ I G I ,°~ L ZONING M ° P `r ~; ' i IOD-YEAR FLOOD PLAIN ~"`--' (APPROXIMATE LOCATION) , ~ I - I j~ p }'''~ /~ Y~{T I~~~~ I`ILLJ~ -ZONE DISTRICT BOUNDRY -PARGEL/LOT BOUI~IDRY GOLOR~DG _ (DESIGNATES OHWERSHIP) -~~ CITY LIMIT LINE MAP ADOPTED: June IS, 199q Lact Ravieion: Saptembcr 18, 1996 - - " TER FEATURE • DENOTES MULTIPLE ADDRESSES DH'ARTM3~T OF flhkUNb A4ID ~cYB.OPr@(t - L:\DRAWINGS\PLANNINGIDS\NW28 s:~ VI ~ ~.^~.~ _~ ~ o vo ioo aw xo ¢n SGhL.E i's400 MARVEL BEING A RESUBDIVISION OF THE WEST i AND A PORTION OF THE NW 1/4 OF SE CITY OF WHE4T RIDGE, COUNTY OF JEFF Lei I '~ ertuokvoE sw. e-1 l0i { N1FA SI.M4p4 if/ BOO ~ J _ ---------I I --- I I I I I 1 I i ~I ;I I I I {I I I I I I w I I I ~I ~ ~ i I ~ ~ ~I I ~ ~ C e I ~ ~ ~ I s 75 a I ~i I * kl I I I I rr '~ I" ~~I ~ O ~ _E --- ,_~.~ L ~_ InT I m h ~ laT 2 Q r- - w 0 O lnT y m LOT ~3 I -..1 ` i lAi 2 I I lu~ I I. <o>r55 1 . l0i ~I ~I ~AW~N [,!. }~ I /a ~YS 'i I' iHCw~S 21DIGW, edNC THE OWn z.~e scNES~/o~¢crtmm As roux TMTD~T R M11H T~14~T~ SDUIH 1 ^~ ~Em~s aF TiIE cQUa eEaNNCm AT THE SOUf11EA51 COI ea vrtar a TI£ sanl ~++rwu s ea v ss r. ALnNa TIE EAs N OQ la OS' a. A OISTIlICE Or CnNI1N1.N0 N 1~• ~. A 06fI1LT CF W,tI RT; iNE1, m~ I~E K 1{f.ep R'ET T< N ea la {e' E. aM41E1, Tp LIG, SAO 111E aWT OF ~. Hann a aEm a TPoAT Ildssr nArz or axalleo nat1I1Y nF J6FFRA]N w TIIE f9R[//g~ayy~ ~ll~f~f.Y{A~S I~tl' AD. te,~ a( w N4D ,~ nnnv. scu ur a!reumN E?Te1fS (0.03 f r' •~a, ~T wE.,AaGc~ N,~ i ~~•t~far"cuia~~~o I - - - - - ~a m,rvanr _ .J '=I°~ ~.~ _/~ wEST 32ND _ .. ~y~ry4f~_i Mp _~~n aTiis'rox r =~ ~sEC. i! rt~'r- ~ co+>da+lE a ~r sum A~ ~,~,----a---:~ ecm a r ya. usE Il~att e rNEa~aEO ocroeEN z; Ices ys _ ce.i - . ~ m0 1eK O~eIINf~l1N Rdn aanEN. axaunp Baal wa-rn-ssn rv VICINITY MAP f~"L/-^tfV it~"I~JR rENCE ~LC~~G ~1~I. JG~''VCi A~fE TO SE~~VE L~JT ~ , MARVEL _ ~~i~QF? SJB . O N~ ~ V7 ~ I ~ I ~ 1 N ~ ~ ~ l i I } +-- - - - - - - - - - - m E }CISTING CtRiiIEWA ~ ~ ~~ ~ C ~ 4 ~ 1 ~ a_ -- --- --~- -f--- ~ z o ~ ~ ~ ~ I i i _ {!} a m ~ ~~~ '~I7 ~ °' IS' ~ 4 $'~ Crl N C}1 y f ~ ~_~ ~ ~ O ~ n (~ Q m ~ Z 1 Ip ~ o m~ ~ --~ tTt ~ c ~ ~ ou f fTl C ~~ ~ ~ ~ ~r y C~3 r ~ ~ ~' ~n ~ ~ m ~ I - ~ m ~ to ~ m I ~, sil m I I ~ { 1'l 'tl ~ ~ m ~ 2 ~ ~ m ~ ~) r fT7 ~ i ~ ,- z 1~ m ~ ~ z ~ I° z l c ~ ~ ~ O ~ ~ a, rn '~ O z ~ ~' EXi~I'IN T~tEE ~ ~rn i ~ r~ N ~ Ri o 115 .Ot}' ~ I Z f7 ~ 'I ° 27 ° Q LDT 2 ---- z2a~ 5o~ . I ~ ~ LaT 3 { I "' { ~ LOT~- i~ PUBLIC HEARING SPEAKERS' LIST CASE N0: WA-97-15 DATE: June 26, 1997 REQUEST: An application by Tom Radigan for approval of a 2' fence height variance., The. property is, zoned Residential-One and locatied at 10845-10875 W.. 32nd Ayenue.. Position On Request; (Please Check) ; SPEAKER'S NAME ~ ADDRESS (PLEASE PRINT) ~ IN__FAVOR ; OPPOSED ; ... ~_ _.. ~ ~ ~ i i i ~ i ~ ~ ~ ~ ~ ~ ' i ~ ~ ~ i ~ ~ ~ ~ ' ~ ~ i i ~ ! i i ~ ' ~ ~ i ' i i ~ ~ ~ ' i ~ ~ ~ ~ ~ i ! ~ i ~ WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: June 26, 1997 Page 7 Board Member HOWARD asked if there would be a concrete floor in the carport, and Mr. Surry answered not now, but maybe later on: Board Member THIESSEN asked the applicant if it meant approval of this variance, would he be willing to-reduce the_ request, and Mr. Surry replied yes: He added the minimum length he could get by .with would be 30', reducing the variance request to 18'. Carolyn Surry, 3424 Kendall Street, was sworn in. Ms. Surry explained the need for the carport .because it is very shady --- and icy on that side of the house ana she has fallen a couple of times. Richard Strayer, 3415 Kendall Street, was sworn in. He lives across the street to the west, and his main concern, in the past, has been the hedge. He has no objections to the Surry's proposal.- Discussion 'followed. __ No further questions were asked. Motion was made by Board Member THIESSEN, that Case No. WA- 97-14, an application by Leroy Surry, be APPROVED for the --- following reason: 1. There were no objections registered. -- - - Board Member MAURO voiced her concerns regarding the safety -- issue of the corner. Board Member HOVLAND said he fails to see the hardship or uniqueness in this case, and there are several alternatives. Motion was seconded by Board Member WALKER. Motion for approval DENIED by a vote of 4-3, with Board Members HOVLAND, HOWARD, and MAURO voting no. D. c_'ase No_ WA- 7-i An application by Tom Radigan for approval of a two foot fence height variance for - Residential-One zohed property located at 10845-10875 W. 32nd Avenue. WHEAT RIDGE BOARD OF ADJUSTMENT MINITTES OF MEETING: Juae 26, 1997 Page 8 Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER stated the sign was not posted for the full 15 days. Discussion followed and Board Member WALKER motioned to continue this case. Motion died for lack of second. Board Member HOWARD wondered if_the 6' fence to the east was approved by City Council, and Mr. McCartney replied that could be possible. He also asked why this fence was not considered. by-City Council when the minor subdivision was approved, and Mr. McCartney said the applicant could better _ answer that. Board Member HOWARD asked if .there were any other fences on 32nd Avenue with driveways going into a property, and Mr. McCartney said there are. some 6' fences however, only for side property lines with no accesses on 32nd. This property is a flag-lot with an access drive on 32nd Avenue. It allows a cul-de-sac bulb turn around with a private drive that is not considered public right-of-way. Discussion ensued regarding fences west of-the project in question and setbacks of fences to the east. Board Member HOWARD was concerned with the sight triangle-ao the east, and Mr. McCartney assured him that Planning Commission felt this was not a large enough issue to warrant any changes in construction of that fence. The width of the private drive is 30 feet. The. applicant, Tom Radigan, 5703 Xenon Way, Arvada, CO, was sworn- in. He said they are trying to create a sound barrier between the first lot-and 32nd Avenue. The-first house faces east so this would be a side lot. The .fence on the east side is about 7' back from the sidewalk. He said the -- private.drive has 3' dirt berms on each-side with 24' of asphalt, making a total of 30'. The brick fence further east is about 7' tall and set back'one and a half feet from the sidewalk and it is an entryway for the one property on 32nd _(that house also faces east and is a sideproperty). WHEAT RIDGE BOARD OF ADJQSTMENT MINf7TES OF MEETING: June 26, 1997 Page 9 Mr.. Radigan said the fenceJsight triangle issue did not come. up at Planning Commission or City Council, however they did insist they put the drive on the-east side. because placing it on the west side would create too much of a traffic .flow.. It.was noted there were no inquiries regarding this case No further questions were asked. . Motion was made. by Board Member MAURO, that Case No. ,WA-97- 15, an application by Tom Radigan, be APPROVED for the. _. following reasons and conditions: 1. A 6' fence will not impair .the adequate supply of-light and air from adjacent properties. 2. The applicant has met all requirements.of the sight __ distance triangle regulations. The following amendments were accepted after discussion: 3. The house at 10845 W. 32nd Avenue shall face east. 4. This is unique because the lots are .flag-lots. Board Member HOWARD questioned who approved the 7' high --- - fence, and Mr. McCartney replied ..this was_done by Planning Commission and City Council during the original approval of the subdivision. Board Member HOWARD wanted to know what , would happen if the applicant would change th_e private drive to a street, and Mr. McCartney replied then that would become their frontage. to the east and 32nd Avenue would be their side property. Discussion followed. Motion was seconded by Board Member JUNKER. Motion carried _ 6-1, with Board Member HOWARD voting no. Resolution attached-. _ __ 5. CLOSE THE PUBLIC BEARING 6. OLD BUSINESS A. Study session date. B. Billboard discussion. C. Earlier starting time for Board meetings. , 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 _2Sit1L __day ofd 1997. _ CASE N0: WA-97-15 APPLICANTS NAME: Tom Radigan LOCATION: 10845-10875 W. 32nd Avenue Upon motion by Board Member MAURO seconded by Board Member JUNKER the following Resolution-was stated. - -_ WHEREAS, the applicant was denied permission by an Administrative Officer; and WHEREAS, Board of.Adj ustment Application, Case No. WA-97-15 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 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- 7-i __be and hereby is APPROVED. TYPE OF VARIANCE: A 2~ fence height FOR THE FOLLOWING REASONS: 1. A 6~ fence will not impair the adequate supply of light and air from adjacent properties. 2. The applicant has met all requirements of the sight distance triangle regulations. 3. This is unique because it is a flag-lot property. WITH THE FOLLOWING CONDITION: .1. The house at 10845 W. 32nd Avenue shall face east. VOTE: YES: Echelmeyer, Hovland, Junker, Mauro, Thiessen, and Walker N0: Howard DISPOSITION: Variance granted by a vote of 6-1. DATED th's 26th-day o une, 1997. ~ ~rn~,,~ov_.Chc~.c~ P HO LAND, airm n Ma o Chapla, Secretary Board of Adjustment Board of Adjustment ,`