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HomeMy WebLinkAbout05/22/1997 NO MEETING WAS HELD IN APRIL DUE TO INCLEMENT WEATHER (Cases were continued to May) • W H E A T R I D G E B O A R-D O F -A D J U S T M E N T MINUTES OF M88TING May 22, 1997 • 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman HOVLAND at 7:32 P.M. on May 22, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT: Tom Abbott Bill Echelmeyer Paul Hovland Linda Mauro Robert Walker MEMBERS ABSENT Bob Howard Susan Junker Karen Thiessen STAFF PRESENT: Sean McCartney, Planner Mary Lou Chapla, Secretary PUBLIC uF'rnING • The following is the official set of Board of Adjustment minutes for-the Public Hearing of May 22, 1997. 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. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: May 22, 1997 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member WALKER, seconded by Board Member MAURO, to approve the agenda as printed. Motion carried 5-0. 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. ~e Nn wA-97-ti: An application by Jim McCoy for approval of a 4' sideyard setback variance to the required 5' sideyard setback. Said property is zoned Residential-One A and located at 3475 Estes Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ABBOTT was concerned with the term `designated parking', and Mr. McCartney explained the applicant's parking area now is not designated by the City's standards, but rather by visual standards. The reason the sideyard setbacks in the area are mentioned is because the request will then not alter the character of the neighborhood. Board Member ABBOTT also thinks the statement that enclosing the autos will give some aesthetic relief is Mr. McCartney's personal opinion because there are no city ordinances that address that. It was noted there were no objections registered for this case. The applicant, Jim McCoy, 3475 Estes Street, was sworn in. He entered into record two letters from neighbors stating no objections to this request, which were labeled Exhibit `A'. WHEAT RIDGB BOARD OF ADJUSTMENT • MINUTES OF MEETING: May 22, 1997 Page 3 Mr. McCoy said there is a well on the right side of his property and on the other side the house is 38 feet from the proposed garage;'so he feels this is the best location. Mr. McCoy explained the roof line break and said the style will be a Dutch Gable. He submitted his plans and gave a brief explanation. Chairman HOVLAND wanted to know if there were other options, and Mr. McCoy stated behind his house to the southwest is his patio, and placing the garage there would impact the view of the mountains and close everything in, plus he would also have to access the garage from W. 35th Avenue No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA-97- 6, an application by James McCoy, be APPROVED for the . following reasons: 1. The neighbor to the south has a 22' sideyard setback from the property line common with the applicant. 2. Alternative locations to the north or backyard did not seem to be reasonable br affective. 3. The neighbor most affected submitted a letter in favor of the applicant's proposal. 4. The garage addition may benefit the neighborhood by allowing for the existing parking spaces to be enclosed and creating an aesthetic look to the property. WITH THE FOLLOWING CONDITION: 1. The garage addition shall be wilt as described in the -- drawing submitted to the Board. Motion was seconded by Board Member ECHELMEYER. Discussion followed regarding-the aesthetic look for the neighborhood. Motion carried 5-0. Resolution attached. B. raRP. Nn wA-97-7: An application by Jay M. Williams for approval of a 18' variance to the 30' required side setback WSEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: May 22, 1997 Page 4 adjacent to a public street. Said property is zoned Residential-Two and is located-at 6150 W_ 42nd Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ABBOTT figured the setback variance would only be 4 feet if the applicant built a single car garage and faced it on 42nd Avenue, and Mr. McCartney agreed and said that would be an option. It was noted there were no objections registered regarding this case. Mr. McCartney added the required setback of 5' will comply on the south side. The applicant, Jay Williams, 6150 W. 42nd Avenue, was sworn in. He entered into record three letters from neighbors stating no objections to this request, labeled Exhibit `A'. Mr. Williams said he is trying to improve the lot aesthetically. Most of the houses on the block have attached garages, but also are on higher ground and have basements. He said his frontyard is gigantic, the backyard is small, and the house is set in a really peculiar position. If he lines the garage up with the house he will lose light from three windows. Board Member ABBOTT was concerned with how far the.. applicant will be from his neighbors to the south fence line, and Mr. Williams answered 5 feet. Board Member ABBOTT thought this was larger than a standard two-car garage, and Mr. Williams explained that the proposal is for a two-car garage, but part of the diagram also includes"the covered walkway. The exterior will be siding with the corners being two-tone brick. A brief question and answer period ensued regarding tying the roofline and breezeway into the home. Mr. Williams spoke on covenants. Board Member ABBOTT thought the garage was not attached and Mr. Williams assured him it was attached, and talked about WHEAT RIDGE BOARD OF ADJUSTMENT . MINUTES OF MEETING: May 22, 1997 Page 5 the setbacks and landscaping. The applicant also told Chairman HOVLAND he needs the 5' to maintain the back of the garage and to keep his trash cans from view. Board Member ECHELMEYER questioned. the elevation of the plans submitted being incorrect, and Mr. Williams agreed and said when they are revised he will submit them to the building department for review.' No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA=97- 7, an application by Jay Williams, be APPROVED for the following reasons: 1. The dwelling has no garage. 2. An attached garage will be impractible and cost prohibitive. 3. Two vehiCle5 historically have been parked uncovered in this proposed location. 4. The garage may benefit the neighborhood by allowing the existing parking spaces to be-enclosed, thereby, creating an aesthetically pleasing look and general improvement to the property. WITH THE FOLLOWING CONDITIONS: 1. The setback to the south shall meet the ordinance. 2. Exterior siding shall include brick as described by the applicant. 3. As described by the applicant, the north wall shall include a porch and windows, the northern garage wall shall be vegetated, and the structure will include a breezeway. Motion was seconded by Board Member MAURO, and carried 5-0. Resolution attached. C. Cate Nn. WA-a~-$: An .application by Jordan's Building Center for approval of a 35' frontyard setback variance to the 50' frontyard setback requirement for the construction • of a fenced storage yard. The property is in the WHEAT RIDGE BOARD OF ADS[TSTMENT . MINUTES OF MEETING: May 22, 1997, Page 6 Commercial-Two and Light Industrial zone districts and located at 5026 Ward Road. Sean McCartney presented the staff report. A11 pertinent documents were entered into record, which Chairman HOVLAND accepted. If this 15' setback is approved, there will be a 2250 square foot landscape variance added to this request. Board Member ECHELMEYER questioned why the limit on the lumber only being stacked 6' high, and Mr. McCartney stated in the zoning ordinance the screening of material must be with a 6' fence, and no storage shall go beyond that height. Discussion on restrictions ensued. It was noted the applicant currently is in violation of two ordinances (landscaping and outdoor screening). Board Member ABBOTT feels there will be no benefit to the City or citizens by granting this variance because the applicant is required to do the landscaping and screening anyway. The triangle shaped piece of land south is owned by the Burlington Northern Railroad. Chairman HOVLAND was concerned with sight triangle encroachments £rom the drive to Ward Road, and Mr. McCartney replied the sight requirement on driveways is 15' x 15' (measured from flow line), so if the---fence is 15' back, they are out of the sight triangle. The Board discussed lessening the setback request and the regulations that apply. No further questions were asked. The applicant, Lee Jordan, 14470 W. 56th Place, Arvada, CO, was sworn in. Mr. Jordan submitted a plot plan for review, labeled. Exhibit `A'. He said the property in question for this storage had old trucks, storage sheds, semi trailer, backhoe, metal' drums, etc, and was in a state of disrepair and an eyesore to the neighborhood. The old house on the property was demolished and then went into receivership. Mr. Jordan bid on-the property, and paid a high price for it, as the lumberyard had no opportunity to grow. He talked on his remodel and said they want as much usage out of the land as possible. WHEAT RIDGE BOARD OF ADJUSTMENT . MINUTES OF MEETING: May 22, 1997 Page 7 Mr. Jordan stated some of his neighbors are concerned with the fence blocking their driveway and that the street trees, required by the City, will cause a sight obstruction. He described his plans for landscaping, fencing, and placement of products on the property. Board Member ECHELMEYER was concerned that the applicant would not maintain the yard at 6 feet with the fence, and Mr. McCartney answered Code Enforcement will require whatever is above that 6' limit to be covered, and Mr. Jordan added the siding will be placed up front and they will cover as much material as possible. The steel storage shed on the property now is about 8-9 feet tall, but is considered an enclosed structure. Board Member WALKER asked about other structures that might be built, and Mr. McCartney answered all would have to go through the building permit process. Mr. Jordan assured the • Board there would not be any more building, as storage is a premium for them. Discussion followed regarding other buildings on the property. Board Member ABBOTT feels this will not be a benefit to the public, but Mr. Jordan questioned if there would be a detriment or be harmful. Discussion followed about the intent of the ordinance. Board Member ECHELMEYER feels the applicant has done a good job aesthetically and raised the issue of this being an Industrial area. Chairman HOVLAND's feelings were even though some of the issues are in agreement, it is not the Board of Adjustment's role to legislate, and must look at each individual case. Board Member WALKER is uneasy about the two corners from a safety/traffic standpoint. The fence built to obscure -.- storage will also obscure traffic,'and Mr. McCartney stated however, it does not go against code. Mr. Jordan feels it is the trees and landscaping causing the sight triangle. He said they need as much of this land as they can for storage. He can move the fence back, but there will still be a • problem with-the landscaping. WHEAT RIDGE HOARD OF ADJUSTMENT . MINIITES OF MEETING: May 22, 1997 Page 8 Board Member ABBOTT talked on landscaping regulations. - Jackie Oglevie, P.O. Box 280851, Lakewood, was sworn in. Ms. Oglevie owns property north of the applicant and currently has three tenants/businesses. Her main concern is the street trees and fence blocking visibility for customers pulling out of the lot, but also with obscuring the business' signage and driveway. Another concern were the large lumber trucks parked on the property causing a visibility problem. Alternatives to this request, and the variance running with the land were discussed. Mr. Jordan spoke on doing what is within code. After extensive deliberation on both views, the Board decided to continue this case until both parties could come into agreement and then return with a new proposal. Motion was made by Board Member ABBOTT, seconded by Board Member WALKER, to continue this until the next opening date. • Motion carried 5-0. D. base Nn wA-97-in: An application by Anthony and Marianne Rodrigues for approval of a 12' sideyard setback variance to the 15' sideyard setback requirement to allow the construction of an attached garage. The property is zoned Residential-One and located at 11441 W. 39th Place. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Marianne Rodrigues, 11441 W. 39th Place, was sworn iri. -- They purchased this house four years ago and remodeled it and at that time, however, building on extra garage space was not in the budget. They have four children who are driving age, and now they will need the extra garage. Their backyard is very shallow, and drops off considerably, so the garage cannot be placed in the back. She said the design will blend in with their home. The doors will be oversized as they have a well and must have access to do any work on it. WHHAT RIDGE BOARD OF ADJUSTMENT • MINUTHS OF MHETING: May 22, 1997 Page 9 Board Member ABBOTT'S concern is with access problems in the back and asked if a 4-car double deep garage could be an alternative, and Ms. Rodrigues answered no, because they would have to destroy or move the workroom right behind the current garage. Alternatives were discussed. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-97- 10, an application by Anthony and Marianne Rodrigues, be APPROVED for the following reasons: 1. Although the parcel is 6.5 acres, the buildable portion is very limited. Several alternatives were discussed with none being practical. 2. This size this dwelling would normally have 3 garage bays. 3. The granting of this variance will not pose as a • hindrance to the local character of the neighborhood nor impact future improvements. It will also be accessible to persons with disabilities. WITH THE FOLLOWING CONDITION: 1. A full garage door shall be provided in the-rear to provide access for maintenance and fire protection. Motion seconded by Board Member MAURO and carried 5-0. Resolution attached. 5. 'CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion ensued regarding previous cases. • WEiEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: May 22, 1997 Page 10 7. NEW SIISTNESS A. DRCOG/APA Board of Adjustment Workshop B. Approval of Minutes: March 27, 1997 Motion was made by Board Member WALKER, seconded by Board Member ECHELMEYER, to approve the minutes as amended: Page 6, paragraph 6, line 2, delete "and a 400 square foot garage size variance". 8. ADJOURNMENT Board Member ABBOTT motioned to adjourn the meeting. Motion seconded by Board Member ECHELMEYER and carried. Meeting adjourned at 10:55 p.m. ~ ~~L. Max Chapla, Secretary Date approved: (o-3ln-Q-1 B O A R D O F A D'J U S T M E N T • PUBLIC FORUM ROSTER - May 22, 1997 - THIS IS THE TIME FOR ANYONE TO SPEAK ON ANY SUBJECT NOT APPEARING UNDER ITEM 3 OF THE PUBLIC HEARING SECTION OF THE AGENDA. Name and Address Please Print _ •