HomeMy WebLinkAboutWA-98-26CERTIFICATE 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 September, 1998.
CASE NO: WA-98-26
APPLICANT'S NAME: City of Wheat Ridge
LOCATION: 4900 Marshall Street
Upon a motion by Board Member THIESSEN, seconded by Board Member ECHELMEYER,
the following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. WA-98-26 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 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; and
WHEREAS, the Board finds that, based upon all evidence presented and based upon the Board's
conclusions relative to the criteria given for this variance, the evidence and facts in this case do
support the granting of this request.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
WA-98-26 be, and hereby is, APPROVED.
TYPE OF VARIANCE: An eleven-foot backstop fence height variance to the ten-foot
backstop fence height requirement, and a one-foot fence height variance to the six-foot height
requirement.
FOR THE FOLLOWING REASONS:
The Board finds that variance criteria numbers 3, 6, 8 and 9 are met as far as its concerns.
2. This variance is basically for the safety, welfare and benefit of spectators and passersby.
Board of Adjustment Resolution
Case No. WA-98-26
Pave two (2)
3. Approval of this variance creates a condition which will be in compliance with a national
standard as stated by the City's Recreation Superintendent.
4. The 21-foot high backstop fence would have no effect on adjacent residential property.
VOTE: YES: ABBOTT, ECHELMEYER, HOWARD,
JUNKER, THIESSEN, WALKER
NO:
ABSENT: HOVLAND, MAURO
DISPOSITION: An eleven-foot backstop fence height variance to the ten-foot backstop fence
height requirement, and a one-foot fence height variance to the six-foot height requirement was
APPROVED by a vote of 6 to 0.
ADOPTED and made effective this 24th day of September, 1998.
T M ABBOT Y, Vice-Chairman Ann Lazzeri, Secretary
Board of Adjustment Board of Adjustment
2. If the above drainage swale cannot be accomplished, the City must receive a letter
from the property owner to the north giving written permission to 511 onto their
property.
The motion carried by a vote of 6-0, with Board Members MAURO and HOVLAND
absent.
Vice Chairman ABBOTT informed the applicant that his application had been approved.
B.. Case No. WA-98-26: An application submitted by the City of Wheat Ridge for approval
of an 11-foot backstop height variance to the 10-foot backstop fence height requirement
and a one-foot fence height variance to the 6-foot fence height variance requirement for the
purpose of installing a 21-foot high backstop with a 7-foot fence around the perimeter of
the baseball field. The property is zoned R-2 and C-1 and located at 4900 Marshall Street.
This case was presented by Sean McCartney. He reviewed the staff report and presented
slides and overhead projections of the subject property. He entered all pertinent documents
into the record and advised that there was jurisdiction for the Board to hear the case. He
stated staffs conclusion that, based on all criteria, the application should be approved to
provide adequate protection to automobiles and spectators. He also stated that staff intends
to initiate an amendment to the zoning ordinance to alleviate the need for future variances
for baseball backstops.
Board Member ECHELMEYER asked what the backstop height requirements would be
when the zoning ordinance amendment is drafted. Mr. McCartney replied that such
determination would be made based on current industry standards and whether or not
practice fields or competition fields are involved.
Joyee Manwaring
Recreation Superintendent, City of Wheat Ridge
In response to a question from Board Member ABBOTT, Ms. Manwaring stated that the
industry standard for backstop fence height is between 20 and 30 feet.
Board Member ECHELMEYER asked if the City would bear any liability for automobiles
which may be damaged by errant foul balls. Ms. Manwaring replied that the City is not
responsible for such damage.
Board Member WALKER expressed concern about the distance from home plate to the
bile path located near the outfield. Ms. Manwaring replied that the measurements of the
field are appropriate for the age groups which will be utilizing the park. Mr. McCartney
stated that it would be approximately 260 feet from home plate to the bike path.
Board of Adjustment Pale 4
09.'24!98
Vice Chairman ABBOTT asked if there were any individuals present who wished to
address this matter. There was no response.
Upon a motion by Board Member THIESSEN and a second by Board Member
ECHELMEYER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. WA-98-26 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 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; and
Whereas, the Board finds that, based upon all evidence presented and based upon the
Board's conclusions relative to the criteria given for this variance, the evidence and facts in
this case do support the granting of this request.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-98-26
be. and hereby is, APPROVED.
Type of Variance: An eleven-foot backstop fence height variance to the ten-foot
backstop fence height requirement and a one-foot fence height variance to the six-foot
fence height requirement.
For the Following Reasons:
The Board finds that variance criteria numbers 3, 6. 8 and 9 are met as far as its
concerns.
2. This variance is basically for the safety, welfare and benefit of spectators and
passersby.
Vice Chairman ABBOTT offered an amendment to the motion to add two additional
reasons for granting the variance as follows:
Approval of the variance creates a condition which will be in compliance with a
national standard as stated by the City's Parks Superintendent.
Board of Adjustment Page 5
09;24/98
4. The 21-foot high backstop would have no effect on adjacent residential property.
The amendment was accepted by Board Members THIESSEN and ECHELMEYER.
The motion carried by a vote of 6-0 with Board Members HOVLAND and MAURO
absent. _
Vice Chair ABBOTT announced that the request had been approved.
C.. Case No. WA-98-27: An application submitted by Ken Sanchez for Beatrice Anders for
approval of a 15-foot side yard setback variance to the 30-foot side yard setback
requirement to allow a 22-foot by 22-foot detached garage. The property is zoned Rl-A
and located at 3512 Wright Street.
This case was presented by Sean McCartney. He reviewed the staff report and presented
slides and overhead projections of the subject property. He entered all pertinent documents
into the record and advised that there was jurisdiction for the Board to hear the case. He
stated that the City has received two letters of opposition to this request.
Mr. McCartney stated staffs conclusion that, based on criteria presented in the staff report,
approval of this request could be detrimental to the public's welfare, create congestion in
the public streets and could alter the essential character of the locality. Further, based on
the fact that staff did not find any evidence of hardship, aside from personal inconvenience
for the property owner, he stated that staff recommended denial of the request. He advised
the Board that, should the request be approved, staff recommended that the request be
chan-ed to a 10-foot side yard setback variance to allow for a driveway depth of 20 feet.
In response to a question from Vice Chairman ABBOTT. Mr. McCartney stated that he
had received another letter of opposition in addition to the letter included with the staff
report.
Board Member ECHELMEYER asked the address of the property owner who submitted
the second letter of opposition. Mr. McCartney stated that it was an adjacent property
owner at 3541 Ward Road.
Vice Chairman ABBOTT referred to staffs concern that approval of the application could
increase congestion in the public street and asked for clarification. Mr. McCartney replied
that this concern was based upon industry standards of a driveway length of 20 feet: for
example, a driveway length of less than 20 feet could cause a large vehicle to extend onto
public right-of-way.
Board of Adjustment Pale 6
09/24/98
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 24, 1998 DATE PREPARED: September 16, 1998
CASE NO. & NAME: WA-98-26/ CASE MANAGER: Sean McCartney
City of Wheat Ridge
ACTION REQUESTED: Request for approval of an 1 I' backstop fence height variance to the 10' backstop
fence height requirement and a I' fence height variance to the 6' fence height
requirement.
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT
4900 Marshall Street
City of Wheat Ridge
7500 West 29`h Avenue
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER:
Same
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
15 acres
Residential-Two and Commercial-One
Vacant
N: Planned Industrial Development; W: and S:
Commercial-One; and E: Planned Commercial
Development
N: Industrial; and W: Auto Body Repair,
S: and E: Commercial and Office/Warehouse
September 4, 1298
September 10, 1998
September 4, 1998
ENTER INTO RECORD:
(X) COMPREHENSIVE PLAN
(X) ZONING ORDINANCE
O SUBDIVISION REGULATIONS
OTHER
(X) CASE FILE & PACKET MATERIAL
O SLIDES
(X) EXHIBITS
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there isjurisdiction to hearthis case.
4-1
L REQUEST
The applicant is requesting approval of an 11' backstop fence height variance to the 10' backstop fence
height requirement and a 1' fence height variance to the 6' fence height requirement, for a new baseball
field. If approved, the backstop will be 21' in height with a 7' fence around the perimeter of the baseball
field.
This request was initiated by Parks and Recreation Director Gary Wardle. The City has requested
similar variances for various baseball fields throughout the City, basically for the same intent: to protect
spectators and adjacent properties from errant throws and foul balls. Due to technological advances in
baseball equipment, there has been an increasing need for more protection from the activity during a
baseball game. The industry standards already conflict with our existing maximum backstop height
allowance; therefore each new baseball field that is proposed requires the issuance of a backstop height
variance to provide sufficient protection. It is staff's intent to consider amending the existing height
requirement of baseball backstops to mirror the industry standards.
The baseball field in question (one of two being proposed for this site) is being sponsored by the
Colorado Rockies and Kirt Manwaring, the catcher for the Rockies.
To date, staff has not received any complaints regarding this request.
II SITE PLAN
The property in question is located on the east side of Marshall Street, south of Clear Creek. It is
approximately 15 acres in size and relatively flat in topography. According to the attached site plan,
complete build-out of the parks will provide two baseball fields and one soccer field, plus adequate on-
site parking. The baseball field in question is the western most field that is being sponsored by the
Colorado Rockies and Kirt Manwaring, catcher for the Colorado Rockies.
III VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
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?
Yes. If denied, the City may continue to build baseball fields on the property. However, the
backstop can only be built to a maximum height of 10', not allowing for maximum protection
from foul balls.
2. Is the plight of the owner due to unique circumstances?
No. There aren't any unique circumstances attributed to this case.
Board of Adjustment
WA-98-26/City of Wheat Ridge
Page 2
3. If the variation were granted, would it alter the essential character of the locality?
No. Approval of this request will not alter the essential character of the locality in that it will be
located within an area that is predominately Light Industrial, which allows for structures to be
built up to 50' in height. Also, this request is to attribute to the development of a park and open
space which is usually considered an aesthetic asset for any area.
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?
No. The hardship is not based on the physical shape or surrounding of the property, but mainly
for the protection of spectators and surrounding properties from the increasing demands of a
developing industry.
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?
Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for
each request.
6. Is the purpose of the variation based exclusively upon a desire to make money out of the
property
No. The purpose of the variance is to provide additional protection from foul balls and errant
throws from hurting spectators and damaging surrounding properties.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The request was initiated by Parks and Recreation Director Gary Wardle.
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?
No. Because the proposed baseball field will be located away from the public right-of-way and
out of the visual site-way of any passing motorists, approval of this request should not be
detrimental to the public welfare. Also, because the intent of this request is to further prevent
damage to adjacent properties and automobiles, approval of this request should prevent an
injurious damage to other properties or improvements.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase 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.
Board of Adjustinent
WA-98-26/City of Wheat Ridge
Page 3
J
No. Because the backstop is located within the confines of the property lines and away from
other structures, approval of this request will not impair the adequate supply of light and air nor
increase the danger of fire.
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?
Yes. Approval of this request will directly benefit the neighborhood and community in that it
will further prevent further damage to adjacent properties and automobiles from errant throws
and foul balls.
VI. STAFF CONCLUSIONS AND RECOMMENDATION
Staff concludes that it was found, in the above criteria, that approval of this request will allow for a
positive solution to an increasing problem with baseball fields and adjacent properties. Although it was
found that the proposed baseball field will allow for adequate separation from adjacent properties, the
true protection the backstop will provide is for further damage to automobiles and spectators. Also, due
to the advancement in technology, there has been an increasing demand in higher backstops to further
protect spectators and adjacent properties from the activities on the field. Staff intends on initiating an
amendment to the zoning ordinance to alleviate the need for future variances for baseball backstops.
VII. RECOMMENDED MOTIONS
Option A: "I move that Case No. WA-98-26, a request for approval of an I P backstop fence height
variance to the 10' backstop fence height requirement and a P fence height variance to the 6' fence height
requirement for property located at 4900 Marshal Street, be APPROVED for the following reasons:
Approval of this request should not be detrimental to the public's welfare.
Approval of this request will further protect the spectators and adjacent properties from errant
throws and foul balls."
Option B: "I move that Case No. WA-98-26, a request for approval of an 11' backstop fence height
variance to the 10' backstop fence height requirement and a F fence height variance to the 6' fence height
requirement for property located at 4900 Marshal Street, be DENIED for the following reasons:
E WcCartney\case files\wa9826.wpd
Board of Adjustment
WA-98-26/City of Wheat Ridge
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Planning and Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
`~L OR Pa`s Phone (303) 235-2846 °oc oRPa°
(Please print or type all information)
Applicant c ~U Au7% (~Xddress 71;'-0 W~~ Phone 2~3 =zg»
City Ix ~~1~~• ~~0 °63~
Owner Address Phone
City
Location of request (address) 4 el Oe-) Y1'1 A,^ l w
Type of action requested (check one or more of the actions li
sted 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, Buildings, Signs
❑ Lot line Adjustment
❑ Minor Subdivision (5 lots or less)
❑ Planned Building Group
❑ Subdivision (More than 5 lots)
❑ Street Vacation
❑ Preliminary ❑ Final
❑ Other:
Detailed description of the request: ~n 5
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Fill out the following information to the best of your knowledge.
Current Zoning:
Size of Lot (acres or square footage):
Current use:
sed use.
Pro
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Assessors Parcel Number:
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-atto ney from the owner wh' pproved of this action on his behalf.
41 Azfw~l
Signature of Applican
Subscribed and sworn to me this 3eday of , Igct
O(S' °LhCAck-
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❑ Notary Public
My commission expires -1`
Date received Receipt No. Case No. -
Related Case No. Zoning Quarter Section Map
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
r BOARD OF ADJUSTMENT on September 24, 1998, 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'-98-26: An application submitted by the City of Wheat Ridge for approval
of a variance to the 6' maximum fence height requirement to construct a 20' baseball field
backstop. Said property is located at 4900 Marshall and zoned C-1 and R-2.
2, Case No. WA-98-27: An application by Ken Sanchez for approval of a 15' variance from
the-30' side yard setback requirement adjacent to the street for the purpose of constructing
a detached 22' x 22' shop/garage. Said property is located at 3512 Wright Street and
zoned R- IA.
Barbara Delgadillo, Reco ing Secretary
ATTEST:
94 '1 i"~ -
Wanda Sang, City C
To be Published: Wheat Ridge Transcript
Date: September 4, 1998
C %Barbara\BOA\PUBHRGS\980924.wpd
me City of
7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 Wheat
GRidge
September 1, 1998
Dear Property Owner:
This is to inform you that Case No. WA-98-26 which is a request for approval of a variance to
the 6' maximum fence height requirement to construct a 20' baseball field backstop for the
property located at 4900 Marshall will be heard by the Wheat Ridge Board of Adjustment in
the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will
be held on September 24, 1998, at 7:30 p.m.
All owners and/or their legal counsel of the parcel under consideration must be present at this
hearing. 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 hearing.
If you have any questions or desire to review any plans, please contact the Planning Division at
235-2846. Thank you.
Planning Division.
C:\Barbara\BOA\P U BHRGS\wa9826cert.wpd
(303) 234-5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949
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