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HomeMy WebLinkAbout02/22/1996 W H E A T R I D G E B OAR D O F A D J U S T M E N T MINUTES OF MEETING February 22, 1996 1. CALL THE MEETING TO ORDER: The meeting was ca11et3 to order by Chairman WALKER at 7:35 P.M. on February 22, 1996, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT: Paul Hovland Robert Howard Susan Junker Edwin Rossillon Robert Walker MEMBERS ABSENT STAFF PRESENT Tom Abbott Bill Echelmeyer Sean McCartney, Planner Susan Ellis, Code Enforcement Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of-Adjustment minutes for the Public Hearing of February.22, 1996. A set of these minutes is retained both in,.the office of the City Clerk and in the Department of Planning anal Development of the City of Wheat Ridge. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 22, 1996 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member JUNKER, and seconded by Board Member ROS.SILLON to approve the agenda as printed. 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. PIIBLIC HEARING A. Case No. WA-96-5: An application by Erna McIntyre for a variance to allow a 5 foot fence within the front yard setback and sight distance triangle for. property zoned Residential-Two and located at 4080 Reed_Street,. Susan Ellis presented the staff report. All pertinent documents were entered into record which Chairman WALKER accepted. • Board Member ROSSILLON said since there was no permit taken out does the City know when the fence was built, and Ms. Ellis answered about 4 1/2 years ago, and the City received the complaint about 2-months ago..- There was no permit obtained because the owners said they did call the City and was told they did not need a permit, however the City has always required fence permits since incorporation. We require this to prevent people from building and creating a hardship on themselves and then maybe having to tear it down after the fact. No further questions were asked of staf-f. The applicants, Erna and Bruce McIntyre, were sworn in. Ms. McIntyre said she did call the City about 5 years ago and told them that sloe was replacing a pre-existing fence and making it 1 foot higher and was told she did not need a permit. Entered into record were photos of the property and fence. Mr. McIntyre said the reason for replacing the fence was because it-was deteriorating. The kids from the school were always breaking the ends off, teasing our dog. One time a little girl said our dog bit her, and since the fence has been up we have not had any more problems like that. i3e • said when the fence was put up, Stevens Elementary was further south of them. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 22, 1996 Page 3 Now the crossing guard and kids are right there on their . corner, plus the kids just hangout on the corner. Mr. McIntyre said basically they want to prevent a potential situation regarding the dog and the kids. The middle school kids also come down to__the elementary school and cannot go __ onto the property till after 4:00 or 5cD0 p.m. because there _. was a middle school boy who pulled a knife on an elementary school girl. The applicants have come home many times and found kids setting on their front fence, waiting until they can go across the street. Ms. McIntyre said they have to keep their dog inside during those times. Ms. McIntyre said they are not trying to be special people they are just trying to avoid any bad situations and making sure that safety is first with the kids and other passers by, their home, and their dog. She said. if they had known about the 48 inch fence it would have saved them from hassles in the future, and they would have purchased a 48 inch instead of 5 foot. She stated .again before they purchased any material for the fence, they did call the City. Ms. McIntyre said she had talked to .John Runiks and he came out personally to check the corner and did not • mention anything about the sight triangle. Sergeant Gray also came out to monitor the amount of traffic that has been. running the stop sign and speeding on Reed Street, and never said anything. She said she feels the fence is not a hazard in any way because you can see through it from all angles. Mr. McIntyre added they have two rose bushes but they keep them cut low. Chairman WALKER asked if the ground was filled in with dirt and raised, and Mr. McIntyre answered no, it is erosion from the school playground, and if you notice..-the sidewalk is 3-4 inches below the grass. The rocks are to keep the dirt from flowing out into the road. Ms. McIntyre said the fence has been up for five years and they have not had one single incident since then, and the public feels safer from their dog because the fence is higher. After the citation she called Mr. Middaugh and explained to him the whole situation. and that she did not obtain a permit. Mr. Middaugh told her not to worry about the permit because it is beyond time now to even bother with it. The applicants are asking to keep their fence up for safety for their dog and-for people who walk by. They cannot be there 24 hours. a day to keep an eye on their dog. e WSEAT RIDGE BOARD OF ADJI75TMENT MINIITES OF MEETING: February 22, 1996 Page 4 Mr. McIntyre said again the fence has been up five years and there has not been any accidents they know of, and if there had been any, this would have been brought to their attention long before now. They pulled a large flowering bush up on that corner because they thought it was an obstruction of view. He said he is not complaining, but there are a lot of other properties in Wheat Ridge with sight obstructions. Board Member ROSSILLON said he realizes that they thought they didn't need a permit, but asked why they put the fence where they did. The code says the fence has to be back 30 feet from the front yard and it could have been done that way and not have had this problem in the first place. Ms. McIntyre answered she told whoever she talked to that the fence would be in the same place, and they still said they- would only need a permit if they were going to move it from where it is, or if it was a privacy wooden fence. The fence is in the exact same place and on_the same line as the old fence was. Board Member ROSSILLON suggested they did have an • alternative of putting the fence 30 feet back. Mr. McIntyre said they took the person they talked to at their word and did not check into the zoning laws. The fence was there when they bought the. house over eight years ago and they never had-any reason to think they were illegal. With the _ school now a park- with the entrance right across the street, plus a day care there also, there is a lot of traffic. The kids also roller-blade and skateboard up and down the street. _ Board Member HOVLAND said this is a difficult situation because it does not appear to be a problem and the site problem is not really an issue with the chainlink fence and vegetation. The S,foot fence in a front yard is not allowed anywhere in the City of Wheat Ridge--in order_for the Board to justify a variance there has to be some unique condition about the property. It is difficult in finding something unique about the applicants particular property that would justify that. It is a nice looking fence, no sight problem, and-a safer point of view from the dog and kids--there is options in putting the fence back, or the dog back from the front street. Ms. McIntyre said they did not know it was illegal and when they had a smaller fence, the corner was actually a trash • dump for the kids. Now the only trash in their yard is what the-wind blows in. They have landscaped the whole area and have received a lot of compliments about their yard. • WEIEAT RIDGE BOARD OF ADJUSTMENT MIN[7TES OF MEETING: February 22, 1996 Page 5 Mr. McIntyre questioned their liability of their dog biting someone if they cut the fence down in the corner (which has been eliminated with the 5 foot fence). They feel even if they move the fence back, the kids will still go up to the fence. Their dog is not aggressive, however when animals get teased, they tend to_bark and might bite someone_ Mr. McIntyre feels the fence has proven itself because since it has been up, no one has had any problems. They actually never had any problems until the City put up their 'no parking signs', and the new school being moved down to right across the street. No further questions were asked of the applicants. Everett Hize1, 4000 Reed Street, Wheat Ridge, CO, was sworn in. He has lived there for 35 years and have had a lot of problems since the school has been rebuilt. He thinks when anyone comes into a new neighborhood and fixes up the property, they should be appreciated instead of knocked. They have had problems this school year with mothers parking on the east side of the street and the kids run between the cars and across the street to get to their cars. They have • had policemen over there a lot, as many as 5 at one time, to try and get these mothers to drive through the school on the north drive and come out the south side. Mr. Hizel thinks the fence is nice-and has no problem with it staying there. Judy Capra had signed up to speak but declined because her and her neighbor were under the impression the fence would be a solid-wood _fence. Chairman WALKER asked staff if the amount of visibility through a fence is mentioned anywhere in the code, and Ms. Ellis replied no, there is no distinction except of height_ Ms. Ellis showed an aerial view of the property and said_a 5 foot fence would be permitted 30 feet back and still allow the dog in the front of the house and would also eliminate the sight distance problem. One of the purposes of a permit is to regulate non-conforming structures and uses. Ms. Ellis read a variance is a request to the City to vary from the law. The Board has to decide if there.is something unique about this property, and not to take anything personal. This has to do with the best interest of the City and the entire community and in allowing certain requests, setting a precedence must be considered. Discussion followed. Ms. Ellis said a 42" fence is allowed anywhere in • on the property, and 48" is allowed anywhere on the property except in the sight triangle. WSEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 22, 1996 Page 6 No further questions were asked. Motion was made by Board Member ROSSILLON, that Case No. WA- 96-5, an application by Bruce and-Erna McIntyre, be DENIED for the following reasons: - 1. The fence violates Section 2-30 of the_City code. 2. Granting this variance would put the City in jeopardy for liability suits if an accident occurred at this intersection. 3. There are no unique circumstances to warrant this variance, -- - 4, This intersection has heavy auto and pedestrian traffic because of the close proximity of the school and therefore, presents a safety hazard. 5. The traffic engineer suggested this sight triangle-be enforced. 6. A precedent could be established by granting this variance_ 7. There is an alternative to this request. Motion was seconded by Board Member HOVLAND. Motion for denial carried 4-1, with Board Member WALKER voting no. • Resolution attached. 2. Ca,eP No. TUP-96-1 :- An application_by Loyd Volgamore for approval of a Temporary Use Permit to allow the keeping of four (4) dogs on property zoned Residential-Two and located at 4270 Garland Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. No questions were, asked of staff. The applicant, Loyd Volgamore, 4270 Garland Street, was sworn in. He said he wants to stay within the law, however, his son is not able to take all of his dogs with him at this time and for him to stay in compliance, he applied for the temporary permit. He stated he does take care of his dogs, the .neighbors have never complained and hopefully they will never have-a reason to complain. Board Member HOWARD asked the age of the son's dog, and Mr. Volgamore answered it is an older dog around 14 years old. Board Member HOWARD asked the applicant if he thought it . would be necessary for a full one-year permit or could. something be accomplished in less time, and Mr. Volgamore • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: February 22, 1996 Page 7 said he really does not know and that is why he applied for a one year permit. Mr. Volgamore said his son went to work on a ranch in Nebraska and did. not actually get permission to take the first dog. Tf_everything goes well with that dog, then maybe he can send for the other dog. Member ROSSILLON asked Mr. Volgamore if he understood that if they grant this it will be for one year and then the one year is up, he will have to make a decision, and Mr. Volgamore said he understood. No further questions were asked. Motion was made by Board Member HOVLAND, that Case No. TUP- 96-1, an application by Loyd Volgamore, be APPROVED for the following reasons: 1. The Board finds that based upon all 'evidence presented and based upon the Board's conclusions relative to the five specific questions to justify the variance, the evidence and facts in this case do support the granting of this request. • WITH THE FOLLOWING CONDITIONS:' 1. The Temporary Use Permit is not to exceed one year. 2. This permit is only for the existing dog and not to allow another dog in its_place. Motion was seconded by Board Member ROSSILLON. Motion carried 5-0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes: January 30, 1996 Motion was made by Board Member ROSSILLON, seconded by Board Member HOWARD that the minutes be approved as amended. Motion carried 5-0. Page 6, paragraph 3, line 2: Change to read: 'Board Members HOWARD and ROSSILLON voting yes'. 8. ADJOURNMENT Motion was made by Board Member HOWARD that the meeting be adjourned. Motion carried. Meeting adjourned at 8:46 p.m. Mary ou p~la, Secret ry