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HomeMy WebLinkAbout12/12/1996 W H.E A T R I D G E B OAR D O F A D J II S T M E N T MINUTES OF MEETING December 12, 1996 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman WALKER at 7:31 P.M. on December 12, 1996, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Tom Abbott Paul Hovland - Susan Junker Linda Mauro Karen Thiessen Robert. Walker _ Bill Echelmeyer Bob Howard Sean McCartney, Planner James McClanahan, Planning Intern Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of Adjustment ,minutes for the Public Hearing of December 12, 1996. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge; r WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: December 12, 1996 2. APPROVE THE ORDER OF THE AGENDA Page 2 Motion was made by Board Member ABBOTT, seconded by Board Member THIESSEN, to approve the order of the agenda as amended to combine Cases WA-96-42 and TBP-96-12 and place them last on the agenda. Motion carried 6-0. 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. WA-96-39: An_application by Peter A. Perrone for the approval of a 4'6" side yard setback variance to the 5' side yard setback requirement to allow for an existing shed on property zoned Residential One-C and located at 308 Chase Street. James McClanahan presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. Board Member ABBOTT asked if there had been any complaints registered, and Mr. McClanahan answered that planning staff had no complaints registered, however an anonymous complaint was registered through the building department. Board Member THIESSEN asked if the house next door is also non-conforming, and Mr. McClanahan replied he does not know for sure, however it is possible because a great many of them were built before .the city was incorporated. Peter Perrone, 3085 Chase Street, was sworn iri. Mr. Perrone believes the complaint was turned in by a building inspector from another jurisdiction. He said the house to the south is 2' from his property line and these are very small pieces of property. He only has 650 square feet and no unfinished basement. Materials alone for the $1500. The trellis and and if he-places the sh that patio and ruin the only other place to put their tree in the front at is the only feasible patio cost Mr. Perrone approximately patio are visible from the street >_d forward it would block half of appearance of the property. The the shed would make them cut down yard. Mr. Perrone feels where its place to put the shed. WHEAT RIDGE BOARD OF ADJIISTMENT MlivuinS OF MEETING: December 12, 1996 Page 3 Discussion followed regarding various options to re-locate the shed. Mr. Perrone stated he did not obtain a building permit because he thought anything under 120 square feet did not require a permit. He added the property to the north has no objections to the shed. He continued saying he could spray the entire shed with fire-resistant sealant and could make the roof metal if these things would help with any codes. He stated this would be a terrible hardship at this point to tear it down. Chairman WALKER asked how tall is the shed, and Mr. Perrone replied S feet. Board Member HOVLAND said it appears there is a window on the north side of the shed, and with the fire code it would have to be sealed off being it is so close to the adjacent resident, and Mr. Perrone replied he could_do that. Board Member ABBOTT added the code does not recognize the fire sprays. Board Member THIESEN asked staff in using a one-hour fire retardant material, would it require tearing the shed down or just putting something on the inside of the shed, and Mr. McClanahan replied he does not know. Mr. McCartney answered the applicant would not have to tear the shed down. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-96- 39, an application by Peter Perrone, be DENIED for the following reasons: 1. Due to the negligible setback of the existing structure to the north, the placement of the structure runs counter to two primary concerns of the setback requirements: a. Visual aesthetic separation in between adjacent structures. b. Necessary separation between structures to limit the spread of fire. This danger is exacerbated by the height of the proposed shed. 2. Photos would indicate the shed does affect the supply of light to the adjacent structure to the north. 3. It would appear to be no benefit to the neighborhood. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: December 12, 1996 Page 4 4. Alternative locations appear to be problematical, however, there is still room on the lot to place the shed. 5. The hardship seems to be convenience rather than a hardship. Motion was seconded by Board Member HOVLAND. Motion for denial carried 5-1, with Board Member WALKER voting no. B. CaG? r?o. WA-96-41: An application by Texaco Refining and Marketing, Inc. for approval of a 12' side yard setback variance to the 30' side yard setback requirement to allow for a canopy. The property is zoned Commercial-One and located at 4885 Kipling Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. • Board Member MAURO asked if this request is for the canopy and dispensers (gas pumps), and Mr. McCartney answered the dispensers are allowed, so the variance is just for the canopy. David Moore of Galloway and Romero, 5350 DTC Parkway, Englewood, CO, was sworn in. Mr. Moore is representing Texaco Refining and Marketing. Mr. Moore displayed a site plan which showed the existing building and canopy and also outlined the proposed revision Basically they are moving the canopy back and changing the dispensers so they are all in a_row for better traffic movement. The proposed building will be much further off the street. They are closing a curb cut and adding additional landscaping which will be of some benefit to Texaco and also the city. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-96- 41, an application by Texaco Refining and Marketing, Inc., be APPROVED for the following reasons: 1. The canopy will be taller than 84" in height and not located within the site distance triangle. The proposal will not act as a visual impact or impair the light or air of adjacent properties. 2. The proposed site plan has been reviewed by the Planning and Development Department, Public Works WHEAT RIDGE BOARD OF ADJUSTMENT . MINUTES OF MEETING: December 12, 1996 Page 5 Department and the Traffic Engineer, and it is their conclusion that the proposal layout allows for adequate circulation and should nat pose a problem with ingress and egress off of W. 49th Avenue. 3. The proposed upgrade should positively impact the character of the neighborhood. The variance is a component of a total rebuild of the site and should not endanger the public or negatively effect the character of the neighborhood. - Motion was seconded by Board Member HOVLAND. Motion carried 6-0. Resolution__attached. The applicant for Case No. WA-96-40 requested to be last on - the agenda. Motion was made by Board Member ABBOTT to place this case last on the agenda. Motion was seconded by Board Member HOVLAND-arid carried 6-0. C. Case No. WA-96-42: An application by Colorado Tree & Shrubbery for approval of a garage addition to be used to house vehicles in a non-conforming business. Said property is zoned Agricultural-One and located at 4760 Parfet Street, and, D. Case DTn. Ti7P-96-12: An application by Colorado Tree & Shrubbery for approval of a Temporary Use Permit to allow the continuation. of a business of splitting, cutting and storage of wood on property zoned Agricultural-One and located at 4760 Parfet Street. Sean McCartney presented both staff reports at once. All- -_. pertinent documents were entered into record, which Chairman WALKER accepted. Mr. McCartney informed the Board there will have to be two separate motions for this case. Board Member HOVLAND seeing how restricted hours placed on the previous TUP has not been a problem over the last several years, asked would it be necessary to restrict them now, and Mr. McCartney replied that would be solely up to the Board. Board Member HOVLAND asked if the tree and shrubbery business are conforming-uses, and Mr. McCartney answered no, they are both non-conforming. Board Member HOVLAND asked if the construction was done before applying for a permit, and Mr. McCartney said it would be better to ask the applicant. WHEAT RIDGE BOARD OF ADJIISTMENT . MINUTES OF MEETING: December 12, 1996 Page 6 John Bellagante, Colorado Tree & Shrubbery, 4760 Parfet- Street, was sworn in. Mr. Bellagante explained the history of his business and talked about the previous TUP's since 1986. He said he thought he had taken care of everything in 1986. He does remember all the requirements for the paved parking lot were waived in 1986 (Case No. WA-86-14) He was told the firewood could be done from 9:00 a.m. to 4:00 p.m. Monday through Friday. They have never received a complaint for almost eleven years. They do not cut or split firewood that often and it will be all gone before spring, and then it slowly builds itself back up again. Mr. Bellagante had a petitiion signed by all of his neighbors stating no objection. The papers for the renewal of the TUP were always sent to him in the past by Jim Foreman, but the applicant does not think he received any since. Mr. Bellagante thinks the garage will be beneficial and the area will look a lot better. Board Member ABBOTT stated he will make the motion with all of the conditions placed on the TUP as before. Discussion followed. A copy of the previous resolution with the conditions were given to the Board. Motion was made by Board Member ABBOTT, that Case No. WA-96- 42, an application by Colorado Tree and Shrubbery, be APPROVED for the following reasons: 1. The staff and the board conclude the variance criteria supports the request. 2. Additional enclosed storage space mitigates the blight on properties.- Because of the commercial nature of this property, enclosed storage and service can only -.- benefit the property and the surrounding neighborhood. This construction does not exacerbate the existing non- conforming conditions. -- Motion was seconded by Board Member JUNKER. Motion carried 6-0. Resolution attached. Motion was made by Board Member ABBOTT, that Case No. TUP- 96-12, and application by Colorado Tree and Shrubbery, be APPROVED for the following reasons: 1. For the past ten years the applicant-has been employing the business of firewood cutting and splitting successfully without complaint from any adjacent landowners. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: December 12, 1996 Page 7 2. Even though the Board of Adjustment on approval of the previous TUP made a condition there shall not be anymore TUPs issued for the firewood business,_ staff has recommended approval upon the condition that the applicant immediately applies for a Special Use Permit. 3. The Temporary Use Permit shall only be for the purpose of making the applicant's use legal until the Special Use Permit process is complete. The Temporary Use Permit shall terminate upon City Council's final decision regarding the Special Use Permit. WITH THE FOLLOWING CONDITIONS: 1. If the business changes ownership, the Temporary Use Permit will be revoked. 2. The wood to be sold will be maintained in a neat and orderly manner. 3. The applicant can cut and split wood only that he requires as a direct result from his tree maintenance service. 4. The cutting and splitting of wood will be restricted to the hours between 9:00 a.m. and 4:00 p.m., Monday through Friday. 5. Any complaints that come to staff's attention be referred to the board who may reserve the right to recall the applicant and reconsider the case. 6. The applicant immediately applies for a Special Use Permit. Motion was seconded by Board Member JUNKER. Motion Carried 6-0. Resolution attached. E. Case No_ WA-9h-40: An application by Ben Schnell for approval of a 5' side yard setback variance to the-5' side yard setback requirement to allow the construction of a 9' x 22' carport. The property is zoned Residential One-A and located at 12180 W. 35th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman WALKER accepted. Board Member HOVLAND questioned that a fire hazard is not an issue as long as-the structure remains open on two sides, and Mr. McCartney replied Correct. Chairman WALKER asked if--there were any requirements for e covered parking spaces in the code, and Mr. McCartney answered no. WHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: December 12, 1996 Page 8 The applicant, Ben Schnell, 12180 W. 35th Avenue, was sworn in. Mr. Schnell was in agreement with the staff report. Board Member HOVLAND asked if he will-be building with the existing roof line, and Mr. Schnell answered he would continue with the roof line, however it is 12 feet in height, and the carport will only be 8 feet, but they will have the same pitch. No further questions were asked. Motion was made by Board Member HOVLAND, that Case No. WA- 96-42, an application by Ben Schnell, 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 nine specific questions to justify the variance, the evidence and facts in-this case do support the granting of this request. 2. There appear to be other similar structures in the neighborhood. 3. Most homes in the area do include a two-car garage. WITH THE FOLLOWING CONDITIONS: 1. The design be archetechually compatible with the house. 2. The structure shall not be enclosed_ 3. The downspouts be designed to direct the water run-off away from the adjacent property. Motion was seconded by Board Member JUNKBR. Board Member ABBOTT stated he will be voting no on this because there are no unique hardships or circumstances. He feels the request runs counter to the intent of the setbacks which is to leave open space for visual aesthetics and for fire--separation. Motion failed by a vote of 4-2, with Board Member ABBOTT-and Chairman WALKER voting no. Resolution-attached. 5. CLOSE THE PUBLIC HEARING 6. OLD 8U5INESS • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: December 12, 1996 Page 9 7. NEW BUSINESS A. Election of Officers:.... -- Election of officers will be held at the January 1997 regular meeting. B. Study Session: Motion was made by Board Member THIESSEN, seconded by Board Member ABBOTT to have a study session on January 9, 1997, provided there is a quorum.- Motion carried.. C. Approval of Minutes: (1) Motion was made by Board Member ABBOTT,. seconded by Board Member JUNKER, that the minutes_of September 26, 1996, be approved as amended: Page 1, Item 2, change the seconded MEMBERS PRESENT to zead MEMBER_ABSENT. Motion carried. • (2) Motion was made by Board Member HOVLAND, seconded by Board Member JUNKER, that the minutes of October 10, 1996, be approved as printed. Motion carried. (3) Motion was-made by Board Member MAURO, seconded by Board Member JUNKER, that the minutes of October 24, 1996, be approved as printed. Motion carried. 8. ADJOURNMENT Motion was made by Board Member JUNKER, seconded by Board Member THIESSEN, that the meeting be adjourned. Meeting adjourned at 9:35 p.m. Mary L u Chapla, Se retary •