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HomeMy WebLinkAboutWF-94-2MEMORANDUM Approved Date TO: Greg Moberg, Planner FROM: Bob Goebel, Director of Public Works €0`-P DATE: May 20, 1994 RE: 4205 Garrison Street/Floodplain variance request The attached submittal was received May 19, 1994 and is a request .for an approximate 300 s.f. addition to a single family frame house. The applicant previously applied for and was granted a variance for a 2-car garage. Due to the fact this is a habitable structure, a utility room is proposed Por the addition, and that the base flood elevation is three feet above the finished floor elevation, I have difficulty recommending approval. The impact to surround property would be negligible. However, the potential for bodily harm to the residents is great for the following reason. 1. The utilities in the additions cannot be flood proofed unless they are constructed 4 feet above the finished floor. This is not practical. If this were a bedroom and dining room addition alone, as was indicated to me by the applicant, things would be different. Electrical outlets could be placed 4' above the finished floor on a separate circuit for example. I therefore cannot in good conscience recommend approval. If the building department can determine that the utility room can be flood proofed to meet building code, then I would recommend approval. The City of Wheat ADMINISTRATIVE PROCESS APPLICATION ~Rid~re Department of Planning and Development b 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant /f/1/~~~ ~S~,~J~l'$~(1/~/ Address ~~~~u~(~v"z/fR/S~/ Phone ~ a ~f-f ~D ~ Owner ~j//lZUT'j 9ry. ~S/rte/ ,O Address i ` ~ ` Phone ~ ~ ~ ~ Location of request L/~~~ (/ ~j/~i/Sri Type of action requested (check one or more of the actions listed below which pertain to-your request.) Change of zone or zone conditions Site development plan approval Special use permit Conditional use permit Temporary use/building permit Minor subdivision Subdivision 8 Preliminary Final ** See attached procedural guide for specific requirements. Detailed Description of request ^ Variance/Waiver o Nonconforming use change Flood plain special exception Interpretation of code Zone line modification Public Improvement Exception Street vacation Miscellaneous plat Solid waste landfill/ mineral extraction permit ^ Other List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME ADDRESS PHONE 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 lawfully be accomplished. Applicants other than owners must submit power-of-attorney from the owner which approved of this action or1, h,~~ha3-£~ - Signature of Applicant Subscribed and sworn to me this\~day of 19 ~_ __ Q.. otary Public SEAL My commission expires ~-a,~-q~] Date Received Receipt No. Case No. ,n~.y r~~ «~~ ~~ ~ A _: ~~-~ ~r~~s'e~ Gds j~fionJ ~.~- yo"~as (' arrisor~ uJ i ! d l~ w~ c H. ~" f'L ~! 2 X 1 S•'fisv~^ ~/aor ~j~ne Sg ¢.. ?~l Q, _,-C~.~U. L E'l O7J ~.c.7 I ~ ~ b ~. 10 1C '..f S' ~. / ~t ~¢ C~Q c~r~ cq,/ . - _ . pcxi-l~.cf-S' w i li f~-2 P~~c.e.~ cf ~ Gi,~o~-e- t'i`•e ~'twis6e0 ~''/aar. `T~ $ cx.dd r~io.v evt'(/' +b~-- - ~~5~~ ~r Q. GQ~Wi~.~ ('08ri~. J u-~-ili'~! ~`-eor.~ _ .G, nJC~. 1a.2eQ.i-born- PX Aee.L,lSfO~ ~ - -- - ~u ~~'~"'r'' _ ;_(0~ , ~ ,,,/__ ~/ ;_ _ ....-.-_ ~ jzna ~ , ~~ Fh~ _.. _._ .a~_T ~ , ~a~ n - ` -' • i _ ~. -- _ 4 ...... .. _ _ I CERTIFlCt~TE OF LEGAL DESCRIPTION: 425 G~RR150n1 S7• _ LpT 3! +IAPPU VALLEY C CDUNTI OF J EFFE,QSO~t! ~ Wa° W ~ri ~~ p I ~ t, ~ n ~~ i& ~~ n to SsenoN 1}-A} LL~ ~ ~m y n10 SCAc,r: i¢RraAQ >n 3 ,rF,-N. F«r. S~E J. 4A.fp I~ 'Pk ED l o S-CA 6AQAC,F o la a I i L+i FiN~ ELEV. 4R,5Dt I~t___3 ,Ot)_ IQ eo~c. L stab CJ 423 ~ _ _ 1P E~ ^ A 3' r f X ~ . x N4iB°W 4D,Op' ~" ----e Ea~,~ d0~ ~ 4t)~'E 14~.OD 41- ~ o~-s,o¢V WOOD n F2Ar+tE ~,u' K ~ ~'49Dg ' laA.¢aisou ao,a~ ~ ~ ,. tL o~ A w N ;sr. CM SURVEY yL~_~ya ~ 1JD7'E: ALL EI.EJAT70A7S 8a5ED D~J CnY o F uf~+E.M1TkiDCrE ~Ari9wt . 3Ek7CSl~cli4,ek PaoViDeD U'V Crr'( ©N ~o+s-E 4, 1985 ~s 'r'µ.E n19 QrN£AST co RNEQ DF CO WC~2 ETE' WALK (ygiut€b~ rrJ FROr~r OF Ba0w~4T 57D i2E AT SE CB+eA1ER 9~F' 44~ ~ 6i}Ra~sO,V. r_ LEJ . 5344. (a4 ~~~ ~~,~ 4p CDVER£D / ?OkCH h\ ,. ?S . ~0 L ~~~~_ ~~ !~ p~ \~~ ~~P~~/ {oo'" .Q,% ~ 9p~ b= pv p~ ~ ~" ~AJ~v ~ ~' -,a kz ~~- ~~ - ~ ~' E~.~s'n /SCALE: 1'= ~0 Yw' ^L^ I ' `ri 4o ' , ... ` I~~ISTnV6 CN1I° sut2 R'S ClrR 1'IFICA r~ \ _.. --a I, Riehard r, Barton, a rcgJstered Iznd sur:•, /or lice^:. ::d to practi,:a !n the Sla' of Colorado, du ''•<rc•'.:y c~rtily that the survey s`;•.:n above 4rr:s rs••p~a2d ~:n:! my sup.rvision, a~~~d tl'iat this .plat is true and ecccr,:te to tho b~•~t V{ my 1,^:. 'edge. This survey dons nut :onstitutfl a till: •.~ca~ch. D~_'~d_th(s~3~~,day of ~C~i,~_-` ., 19.$S ' V .._ ': ~. r~4c,_Ac•. v~d' ^, I~.f ~:':r r.?o !'. .+ you r...,t r::' r•~:a , ' ' ~.r .,:? :r. ary duf t~c: in i~a ;..,.,.~ •:... y• •t '• :r y^.u r,.. ''':cover auch detect. In no c.:nt, , r.r, ".n ' ' . ; d _, ,n t :y dafect {n 1hle survey Le ~.•~ ,: •~e t!'.n fen years from the date of th• ' ~ ~:.. ...: n :7 ., ' ' :~ o n. RICMAND F. i3 F R~9istored Lsni aT~: 5131gs No s~ai T2 ~., , W b may. ~"~Y Y re x 6 a Y 6re$re x x M ~ '° ~rPoJ W x ! # 6 Y a x 1 \ /x a r Y a raxa Yre Y m Y x a~w 1 Y x Y re Jx Y re x Y a - ~ / . J ~ a a a4 Yrew x 6Y w.~~ * na VY o ya• x e a ` \ f f& { x P 9Y Y 0 4 x Y W 9re Y• } Yc Ire ( a a ~R x YA a M fy x Y J° Y »YY . . a w c Y x x a x A I Y re p 1 Y Z j SY ~~ ((~~ N~Y ~ 1 r ~ rexxY' I/ ~ V ' /~ ) _ lL ~ ~ /~ p re x Y " ~ Z [ "re x \ y J } 1 m °rex ~ ~ ~., o a x a xYYwxxY a aY Y { Ore Y` V ,s Y x ~O'V. x Y V ~~ ,~ Y W Y Y i ~/4 U' Y • ro ? 8 4• m P 4 4 x 1 L jj `rre si 4 Y x b O M• t • 4 x ~ _ J ~x b x 4 Vx~ V®Y V 4 re x W 4 4 'Y F ® Y V s x g R} i S ®wgyy~ mm 0 / b• 4 x? Y Y Y O y Y x + Y • a 3 Y Y t b F O x re 4 Y 4 • // / / ) , x Y YxV x ax VY YY MYYre+` re~~ l / / //// ~-~ V x @ t a i xsbw b ~e 1 re Yre Faare WxYre sY 4w Y~ 4 Y •rex 4x Yre IIIfI • • a o m M P VYx® Y A 9 x x ax Y a V Y x 4 a4 Y• x O a b 4 Y 9 f Y a './~ 4 x Yf W / !@• b V®ba Yre 4 P'°'~ Y VN Y xm9~YJ Y Y Yref x~ T O a V 1 a r R a pJ xr x a i Ya xa Y4re// I~ Y xY a~,1 D~ .°x Y a x Yf, Y x . Y Y « a'YY °x ,. x" re x'/ •N 9 x+Y VreY Y ' / P a q Yb a Y W PoxN YY NYW" tl a x x W Y i Y re ~/ ~a x Yx Yrer Y® „/ ~6 ®• 4~ Yf Y® xlreiax/ x Y $/r Y Y V p \~W ~~ 7500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034.0638- (303)234-5900 City Admm. Fax # 234-5924 July 22, 1994 Police Dept. Fax # 235-2949 The Crty of ~1Vheat Ridge Urban Drainage and Flood Control District 2480 w. 26th Avenue Suite 156B Denver, CO 80211 ATTN: Kevin Stewart Dear Sir: The Wheat Ridge Department of Community Development has received a request for-Special Exception to build in the Clear Creek 100- Year Flood Plain for property boated at 4205 Garrison Street. The applicant would like to construct an addition to the west of the existing residence. The total area added on would amount to 2871 square feet. The only information submitted is the survey that I have attached. This survey was used in 1985 to approve the "proposed garage". Your response or any comments on this proposal would be appreciated by August 14, 1994. No response from you by this date will constitute no objections or concerns regarding this proposal. If you have any questions, please feel free to call me at 235- 2852. Thank you. ii H~. i, L~d Popes r gm/mlc attach. ~Q FL000 krP 00 ~ 2~ Z G O O ~ ~~ 2bebn ~~\av Board of Directors Executive Committee: Cathy Reynolds Chairman City of Denver Llnda Morton Chairman Pro-Tem City of Lakewood Harold Kite Secretary Adams County John Stone Treasurer Jefferson County Donald Hamstra Member City of Brighton Members: L. SCOtt TUCker, Executive Director Greg Moberg City of Wheat Ridge Planning Department Post Office Box 638 Wheat Ridge, Colorado 80034 Deaz Greg: N °"'' OF WNERT R1D~E _.._2 AUG 0 4 1994 ~LANNlN6 & DEVELOPMENT August 2, 1994 o This letter is in response to your request for our comments concerning the request for a 9 Special Exception to build in the Cleaz Creek 100-yeaz floodplain for the property located at 4205 Gazrison Street. We appreciate the opportunity to review this proposal. w z i? We have the following comments to offer: w g 1. The subject structure is located right at the edge of the floodway as defined in the report, "Flood Hazazd Area Delineation, Cleaz Creek, Adams County and Jefferson County" dated November, 1979. The proposed addition would be in the "shadow" of Q the existing structure and would therefore probably not cause a concern as far as N creating any rise in the existing 100-yeaz water surface profile. Bruce Alexander m City of Denver N Nadine Caldwell w Ctty of Aurora N Robert A. Christensen , Douglas County s David A. Day m Engineer ,~ Joyce Foster City of Denver Sandy Huma Boulder County John J. Nicholl Arapahoe County Deborah Ortega City of Denver Art Patton Engineer Mary Poe Town of Morrison Dennis Reynolds City of Littleton Michael J. Romero City of Lafayette 2. The Wheat Ridge floodplain zoning provisions list conditions under which vazious structures can be permitted and also list information that may be required of the applicant, none of which was included in the information you submitted to us for review. For example, Section 22-206(C)(2) allows improvements to existing structures only "upon a finding that the improvements proposed are not substantial improvements, as defined in Section 26-202." We do not know if such is the case here or not. Section 26-208(C)(2)(a) allows the administrator to require the applicant to submit certain information including fill limits, lowest floor elevations, etc. which are necessary in order to determine whether to allow this proposal to proceed. The administrator should require the information needed to make a decision. Section 26- 208(E)(3) and (4) contain conditions upon which Special Exception Permits can be issued. The applicant should address these in order to provide information as to why the Special Exception Permit should be issued. F d w 0 ii w If you have any questions concerning these comments, please contact me. WGD/gb Sincerely P Blll D rOdt;T.E. Chief, floodplain Management Program ..... l r l NOTICE OF PUBLIC BEARING Notice is hereby given that a Public Hearing-is to be held before the City of Wheat Ridge Board of Adjustment on August 25, 1994 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. A11 _._. . interested citizens-are invited to speak at the Public Hearing or submit written comments. The following petitions-shall be heard: 1. Case No. WA-94-11: An ,application by Paul McSheehy for approval of a-ten foot variance to the required 15 foot side yard setback for property zoned Agricultural-One. Said property is located at 4360 Jellison Street and is legally described as follows: The North 90 feet of the following described property: Beginning at a point 638 feet East of the Southwest corner of the SW1/4 NW1/4 of Section 22, Township 3 South, Range 69 West of-the 6th P.M.; thence North 124 feet; thence East 242 feet; thence South 180 feet; thence West 242 feet; thence North 56 feet to the point of beginning, County of Jefferson, State of Colorado. 2. Case No. WF-94-2: An application by Arthur Baston for approval of a.5pecial Exception to_build_in the Clear Creek 100-year flood plain. Said property is located at 4205 Garrison Street and is legally described as follows: Lot 31, Happy Valley Gardens County of Jefferson State of Colorado. - 3. Case No TUP-94-7: An_application by Ella Murphy Amidei for_ approval of a Temporary Use Permit to allow an additional dwelling unit on property zoned Residential-Two where two units already exist: Said property is located at 4411 Balsam Street and is legally described a5 follows: PARCEL A: Lot 33, Wheatridge View, First Addition, Except the Easterly 57.2 feet thereof, and.Except the South 35.4 feet of the West 13 feet of the'Easterly-70.2 feet thereof. PARCEL B: Lot 32, Wheatridge View, Except the West 129 feet thereof and Except the South 27.4 feet thereof, Both in the County of Jefferson, State of Colorado. 4. Case No. WA-94-12: An-application by Gina Biernat for an interpretation of the Zoning Ordinance as-to whether the training and boarding of dogs is an allowed_use in the Commercial-One zone district.. Said property is legally described as follows: A tract of land-in the_SW 1/4, NE 1/4, Section 21, Township 3 south, Range 69 West.-of the 6th P.M., more particularly described as: Beginning at a point 2054 feet South of the i ~~; ` ~~~_ ^ ^ 1 Notice is hereoy yeven that a Puoi ``~~„) - `{~v ,"`v\ `lh/YV'(`/] Hearing 's b be MW bebm the City o' ~~~~`~ Whsat Ridge 8 uatmenW Sn Au t 26, 2994 a4796 p.m ~I ~ 29th Avemie. WHtl'Rbpe. Cobrado. An interulad dltxam Bra invitttd l9 speak a~ the Publio Hearing ar submit written The JEFFEFiSCIN :=,ENTINELSi ~"••~.~.._. ` -- , _. b. nwd: cee.YO.wA-9a++:An+!PPn<atwnbY __~-2 i~E~ 1>Jadswor-t}•I L'•Ivd - _ . Paw Yo3hrhr ~ aPPrwal d . t.n Icoi varunW to IM reywred 161001 side Yarc L.r7I€CWQOdg CQ cCl=7.F-~1Cir1 __- setba0k for yy~i~oDntY zone[ cPeM h kua2eC SaW l ...-~Ct -,_ ._ ~ :,.~:. 1~ , _~ _ -. - _ - _ - - - .Ona. Agriowoll~a M _.. of 4389 LHtiwn-91a~et and b legally i,i:_; ~• 'i, ~,_ J:%,$ ' deaarLed.as,lolloaa: Th. N'orlh 90 de.~'Pf the following ~~ deaor92ed poPMln teel Eul d the 838 THE CITY C:LERk:S OFFICE . i Begindiq tl a po(M godhweg carn.rdbbl19ppN,gW 2/4 NW 214 o1 2e he a ~ T ~ g CITY 17F WHEAT RIDGE 2 N t P.IA:'thenu ~ M &h W f~;eN~~r2j2,fW;tMme socm 7500 kl ~ ?Thl AVE Ic_ ' te9 twt; Ihence Wwt u2 fief: tnena: North GB IW b tMpd M d bsginning do d Cd ~Sv WHEAT RIDGt C:p ::70 Ora . coolly cl•,IdlenPn.9iau Call No. WF942: An appliwtbn bt -2 thit,cllr...E: i_EGAI_ I;u~•r.r.:.:._ ~: L.:~.,:c:r;~rl[In' . Arthw Bastdn [or.approyal of a Speda Exception lold8ld)ntheClearCmel 1lq~Year Ibod'pla7b Bdd Property I^ i_I t_(I' ~n u.mber-: IAk:1 UF.,y;. ,,:C)9 -Y«t.tr' i ~:';~rt i f i c: a. ~t I on: lweoeaalwa42os. cti~el•~str.et .nd : i/ ' dens 3 a~y. pg Haopy. Ld FUP~LICATION DA•T'E~; '?11C-rc,I{5`.% chr-ol.t;~l.l ,;;:4I?r'r:::'11'~ CouMY d waon- st~.dcowr.de.. ~9. Cw.No. N,P.~67: An appliwtbn b. NUMPF_R ON= LINES ; '?~ , ERa Y.ufphy AmTdii for approval of ; Tam oruy Uu Permit to allow ai C.CIF'IES REGIUESTED: p ~"~~!i'~~~~ Mjiir~c nut. 9aW WpE!rry:b 1oCVed al 441 Bauam SlndtgdaHIMWIN desaibad a~ F'r (nt i n' 4'o.5ca~ '3 tdbwe: '~ PARCEL A: LaroSIH!.ydda hew, Firs (] , !l l) l,~ ~ r F I B S : Correct i vns O•~lil Addkbn, Ezoepl .roe EufidY 57.2 fee tMnd. and Eat itM BPUth 35.4 feet c SMWedl9Sed~HNEWedy7821ee °~ TQTAI_ DUE: ~ 4:. CI ' tha.d. -` . . t%'32,~ WkeadWge View PARCEL B: L ' , Eacepl ~Ihe W.slrt'1.9.;Nd IMraol an- Both i~ d h ' ' 1 Than}; y_w f~_r- adver t, i s i rry ere . 1Mlt Eaup(~lM'Sodh ?T 9rCoIa~yd.l.9Wed Cobnd< tbnb Y ~ B f f P r s 9 n ;~ E' rl t I n F ! (': '~; rl B i •i i` lJ :; F~ ii, C. (? r'" ~ > --;;:Ca.e;N~'WA:t/,iR; Anppp Oba ByroQgy. jrhrgNrprMalbn of the , 2oninq Ordlnande as to whether tm ' w an albwe Iraidnq and bowdinq d dogs ' . strk I use In the Copsrwm>.FOne zone d .Said property. Is Ipally described a .. 'tdlowe: ~. A dad d Yrrd N'tlr B1N iK, NE 2It Be9tion 21, To~,rtlip 9 aoulh, Rangs e w x.. atlr P:Y.. more partbularl r ~,-~c s ~ vp y ~ 3.G~ ~.1~ ~~ ~ `~ ~~ R~ 5~1~0 44' ~ ~I I C ~.Bere ~ r ` P.O. EtOx 638 TELEPHONE: 7071277.6918 The Cily D/ 7500 WEST 297H AVENUE • WHEAT RIDGE. COLORADO 600w: ~[Z 7y eay, ~lildgel POSTING CERTIFICATION CASE NO .. ~ r " ~'I `~ ~'~-- PLANNING COMMISSION - CITY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: ~ ~ ~.S- /~/~"~ I, ( n a m e ] residing at %a0,$ (tea Pi /r /S o"~ ( a d d r e s s as the applicant for Case No. ~' ~-c!~/-2- hereby certify that I have posted the Notice of Public Hearing at c t o c a s i o n~ on this ~ day of yy// /fG ~S~ , 19$ ~ , and do 6 hereby certify that said sign has been posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature: ~~~'~~?~ NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicant's ease file at the Department of Community Development. y,10r~`_ M A P S ~61~ P.O. BOX 638 TELEPHONE: 303/237-6944 The C%ty Of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80033 ~lheat Ridge August 10, 1994 This is to inform you that Case No. WF-94-2 which is a request for approval of a Special Exception to build in the Clear Creek 100-year flood plain for property located at -4205 Garrison Street 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. on August 25, 1994 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 "The Carnation City" .. - --- P 918 242 748 U1 w m 0 0 0 W O O m n m 0 n m m 0 D r ~~~~ EL ~ ~ ~ O ttl :y ~n w n ~s ~ ~ ra w o' ~ m a a i ~ m c a 1 m -°i ~ z € ~ m~ ~ ~ °2 ~ O m m n a v ~; o m a ~'" z y m o ~ 4 ~y ~y -P 9E8 242 747 ~~ (n m m I ~ ~ y z I ~ (~ K' M Zz oC O ~ ~ T N$O o~ m ~ } ~~ ~ an g v Sc ? . 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N ~ ~ ~ ~ N 5 r w o m ~o RI m Qy' o~ n w m, ~1 0 ~ a ~ C7 m y y m :°. ~ O •~y~ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: BOARD OF ADJUSTMENT Date Prepared: August 17, 1994 Date of Meeting: August 25, 1994 Case Manager: Greg Moberg Case No. & Name: WF-94-2/BASTON Action Requested: A Special Exception to build in the Clear Creek 100-Year Flood Plain Location of Request: 4205 Garrison Street Name & Address o£ Applicant(s): Aurthur Baston 4205 Garrison Street Wheat Ridge, CO 80033 Name & Address of Owner(s): Same_ Approximate Area: Approximately 10,000 square feet Present Zoning: Residential-Two Present Land Use: Single-family residence Surrounding Zoning: Ss, ~I, N: & E: Residential-Two Surrounding Land Use: E, W, & N: Single Family Residential S• vacant Date Published: August 9, 1994 Date to be Posted: August il, 1994 Date Legal Notices Sent: August 11, 1994 ------ ENTER INTO RECORD: ( ) Comprehensive Plan (XX) CasF, File & Packet Materials (XX) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Other 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. WF-94-2 Page 2 I. REQUEST The applicant is requesting approval of a Class II Special Exception to allow the construction of an addition to an existing single family residence located within the Clear Creek 100-year floodplain. The subject site is located at 4205 Garrison Street and is currently zoned Residential-Two. The proposed addition will be approximately 287.1 square feet'and will contain a bedroom expansion, a pump room for an existing well and a dining room. As per the Flood Insurance Rate Map, the property is located within the Clear Creek 100-year floodplain. Referrals were sent to Bob Goebel, Director of Public Works and Mr. Bill DeGroot of Urban Drainage and Flood Control. Mr. Goebel has indicated that based on his initial conversation with the applicant a utility room instead of a pump room was to be added to the existing structure. A utility room could possibly house a furnace, a hot water heater and other mechanical systems. If this were the case a recommendation of denial would be given by him. However after discussing this with the applicant it was ascertained that the "utility room" will-house only a preexisting pump (the residence is currently on well water) and nothing more. If the room is to house only a pump and nothing more Mr. Goebel has no concerns with the proposed addition. In reference to Mr. DeGroot's comments, the addition is not "substantial improvements" and according to the Floodplain Administrator (Mr. Gobel) does not require more information then what has been submitted by the applicant. It is the opinion of Mr. Goebel that the addition will not substantially rise the existing 100-year floodplain and is not located within the floodway and therefore recommends approval of the request for a Special Exception to build in the 100-year floodplain. II. CONCLUSIONS AND RECOMMENDATIONS It is Staff's conclusion that construction of the proposed addition would have very little effect on the existing floodplain. In addition the Public Works Department has recommended approval. .Therefore a recommendation of APPROVAL is-given for Case No. WF-94-2 subject to the following condition: 1. The applicant be allowed to construct the addition at _ the same floor elevation as the existing house; and 2. The "pump room" only contain the existing pump and no other mechanical apparatus. 8 ~ 5 WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 25, 1994 Page.2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member HOWARD, seconded by Board Member ROSSILLON, that the agenda be approved with the continuance of Case No. WA-94-11 until next month. Motion carried. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. 4. PUBLIC HEARING A. Case No. WF-94-2: _An application by Arthur Baston for approval of a Special Exception to build in the Clear _Creek 100-Year Flood Plain. Said property is located at 4205 Garrison Street. Greg Moberg presented-the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member HOWARD asked if staff has any information as to what the elevation of the finished floor of the house in relationship to the street as it appears. to be lower than the street, and Mr. Moberg said the first floor's elevation is approximately 3-4 feet below the flood plain and it is not indicated on the survey whether it is lower than the street. Meredith Reckert presented a contour map for the members to look at. Mr. Moberg said the current porch is 7 3/4 feet out and the applicant will go out another 2 1/4 feet and run the length of the house. Board Member ABBOTT wanted to know since nothing in the letter from Bob_Goebel applies why it was left in the packet, and Mr. Moberg said Mr. Goebel's main worry was that a utility room would be placed below the flood plain level which could house a furnace or a water heater. Mr. Goebel wanted to make sure this would be just a pump room. Staff needed something from Public Works and this did confirm the referral, so it was left in the packet. Board Member ECHELMEYER asked if there had been any flooding in this area within the last 40-50 years, and Mr. Moberg answered they have not had a 100-year flood, but the damn broke in 1955 and 1965 with floods. Discussion followed regarding Lena Gulch drainage area. •WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 25, 1994 Page 3 Mr. Moberg answered Board Member HOWARD'S previous question that the maps confirm the first floor_eleyation and the street and are about the same height. No further questions were asked of staff. The applicant, Art Barton, 4205 Garrison Street, was sworn in. Mr. Barton said they have lived there for 42 years. The bedroom is 10' x 11' and kitchen is 8' x 10' so they want to build the addition with a bedroom, dining room .and a new pump room. Mr. Barton talked about the flood of 1965. In 1967 the road was built up two feet and that was supposed to take him out of the flood plain. He- said he is confused however because his property is still shown to be in the flood plain and his neighbor next door is not. The washer, dryer and furnace are located on the main floor so Mr. Barton does not understand what the concern is about that now. soard Member ABBOTT questioned staff why the report is focused on the utility room and the bedroom and dining room are not mentioned. Mr. Moberg answered it basically is a 'non-issue' as far as the flood p1Gin administrator is concerned; his issue is not wanting to approve a utility room with mechanical devices that go into it above the flood plain. Board Member ECHELMEYER questioned the logs around the property and Mr. Barton said they Dave been there 5 years or so. It was noted there has never been a water problem at this address. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WF-94- 2, an application by Arthur Barton, be APPROVED for the following reasons: - 1. The utility room will house only a pre-existing pump.. 2. Urban Drainage stated the portion to the addition which include the bedroom and dining room are not an issue in the context of this case. _ 3. It is the opinion of Mr. Goebe~ that the addition will not substantially rise the .existing 100-year flood plain and is not located within the floodway and therefore recommends approval. WITH THE FOLLOWING CONDITIONS: 1. The applicant be allowed to construct the addition at -- the same floor elevation as the existing house. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: August 25, 1994 Page 4 2. The pump room only contain the existing pump and no other mechanical equipment having to do with the utilities to operate the house. Motion was seconded by Board Member HOWARD. Motion carried 6-0. Resolution attached. B. Case No. WA- 4-12: An application by Gina Biern t for an interpre tion of the Zoning Ordinance as to wh ther the trains g and boarding of dogs is an-allow use in the Commer 'al-One Zone District.- Board Member BBOTT announced at this time he is an acquaintance 'th the owner of this grope ty but feels he has no monetar interest in the propert and therefore can. hear the case a will vote. Meredith Reckert esented the staff eport. All pertinent documents were ent ed into record, hich Chairman JUNKER accepted. Board Member ECHELMEY asked wh ch of the uses are primary and which is ancillary, and Ms. Reckert said training is the primary use and boardin is a illary. Board Member.ABBOTT asked of attorney, and Mr. Reck the applicant has legal power replied yes. Board Member ABBOTT v interpretation rather address. Ms. Reckert interpretation the a erns over handling this as an ing this use occur at this generally when making an an address but it is supposed to be City. wide but wi affect all C-1 zoning. Board Member ABBOT asked why we are not letting this use allowed at this 1 cation, and Mr. oberg said that is why the interpretati n as to whether t is use should be allowed. Staff contends his use is not allo ed under the C-1 zone regulations a the applicant is cha lenging staff's interpretati n. An alternative of a emporary Use Permit was discus d. Board M ber ABBOTT feels this should b discussed thouro hly because this is something th t could spin off City ide. Mr. Moberg said every interpr tation is City wide and site specific only because there 's an applicant inv bed. If you don't-agree that the use ould be in the C-1 zone then that is your interpretation. The applicant in this case has two alternatives which are a Temporary use Permit or a Special Use Permit. Discussion followed. PUBLIC HEARING SPEAKERS' LIST CASE MO• WF-94-2 DATE: August 25, 1994 REQUEST: An application by Arthur Baston for approval of a Special Exception to build in the Clear. Creek 100-Year Flood Plain. .-Said property is lcoated at 4350-.1 n re ~fao,S' G-wri~~ Son•S 7- Position On Request; (Please Check) ; 'S NAME & IN _ , ~ ~ ~ ~ i' i i i i i ~ i i i i i i i ~ i __ ~ ~ ~ i i i i i i i ~ ~ i i i ~ i i ~ __ i ~ ~ r' ~ i i i i i i i i ~ i i i ~ i i i ~ i i i i i i i i. i ~ ~ ~ i i ~ i i ~ ~ ~ • 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 25th day of_ August 1994. CASE NO: WF-94-2 APPLICANT'S NAME: Arthur Baston LOCATION: 4205 Garrison Street 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. WF-94-2 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 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. WF-94-2 be and hereby is APPROVED. TYPE OF VARIANCE: Approval of a Special Exception PURPOSE: To build in the Clear Creek 100-Year Flood Plain FOR THE FOLLOWING REASONS: 1. The utility room will house only a ~;re-existing pump. 2. Urban Drainage stated the portion tr. the addition which include the bedroom and dining room are not an issue in the context of this case.. 3. It is the opinion of Mr. Goebel tha':; the addition will not substantially rise the existing 100-year flood plain and is not located within the floodway and therefore, he recommends approval. WITH THE FOLLOWING CONDITIONS: 1. The applicant be allowed to construct the addition at the same floor elevation as the existing house. 2. The pump room only contain the existing pump and no other mechanical equipment having to do with the utilities to operate the house. VOTE: YES: Abbott, Echelmeyer, Hovland, Howard, Junker and Rossillon NO: None DISPOSITION: Variance granted by a vote of 6-0. DA ED thi 25th dfay of August, 1994 ~/i~` ' SUSAN JUN :GR, Chairman Mary L u hapla, Sec etary Board of djustment Board o djustment