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HomeMy WebLinkAbout06/26/1997f • W H E A T R I D G E B OAR D O F A D J V S T M E N T MINUTES OF MEETING June 26, 1997 • 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman HOVLAND at 7:35 P.M. on June 26, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT: Bill Echelmeyer Paul Hovland Bob Howard Susan Junker Linda Mauro Karen Thiessen Robert Walker MEMBERS ABSENT STAFF PRESENT Tom Abbott Sean McCartney, Planner Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public Hearing of June 26, 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: Juae 26, 1997 Page 2 2. APPROVE THE ORDER OF THE AGENDA Motion was made by Board Member WALKER, seconded by Board Member MAURO, that the agenda be approved as printed. Motion carried. - 3. PIIBLIC 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. r'aRP. Nn. WA-97-A: Ari application by David Kaiser for approval o~ a 25' lot width variance'to the 100' maximum lot width requirement and-a 650 square foot lot_area variance to the 12,500 square foot minimum lot area requirement to allow for a duplex. The property is zoned Residential-Two and located at 7765 Three Acre Lane. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER wanted to know what the moratorium pertained to, and Mr. McCartney replied it pertains to a mortorium on building permits, thus lowering the density within the City. It was noted the Board is not required to hear this case because it has not been one full year, however it was decided to go forward. The applicant, David Kaiser, 0365 Pinon Hill Road, South Fork, CO, was sworn in. Mr. Kaiser listed some of the improvements made that were of concern at the previous meeting: 1. Poured 38 yards of concrete which included patio and slabs. 2. Street improvement in front of the property including • grading, leveling, and putting down gravel road base. WHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: June 26, 1997 Page 3 3. Put in 2 more exit doors. two landings; one cement and one. redwood, and new steps and handrail. 4. Covered patio in back for both sides. 5. New front door on the addition. 6. Two fire escape egress windows (with ladders) in the basement. 7. A 110-volt fire alarm system with smoke detectors in every corridor. The applicant's sister and brother still live in both sides of the `duplex'." There are two furnaces, but they currently split electric and gas, however, Mr. Kaiser will get two meters as soon as possible. Further work was done including new sidewalks, upgraded garage with new roof and-new floor, stone sidewalks in the front with new grass throughout the property, pruned. trees, and put new fencing in. Board Member THIESSEN stated-the R-2 and R-2A zone districts • are very similar, however the applicant meets the R-2A requirements, and wondered if staff had mentioned to Mr. Kaiser the possibility of rezoning, and Mr. McCartney replied the intent of the planning department is not to spot zone, and at this point, getting a variance would be easier. In answering Board Member ECHELMEYER's question, Mr. Kaiser said the trailer his mother stayed in is gone. The applicant spoke on taxes and the surrounding-neighborhood, and added he did pull permits on all work done that required them, and he will continue doing so. It was noted there were no inquiries regarding this request. No further - questions were asked. Motion was made by Board Member THIESSEN, that Case No. WA- 97-9, an application by David Raiser, be APPROVED with the following conditions: 1. Only two families live on the premises. 2. The existing structure not be modified to increase-the physical size. 3. All concerns regarding the moratorium be met. • WHEAT RIDGE BOARD OF ADJIISTMENT • MINUTES OF MEETING: Juae 26, 1997 Page 4 Motion was seconded by Board Member ECHELMEYER. Motion carried 6-1, with Board Member HOWARD voting no. Resolution attached. C. ~asP Nn. wA-97-~: An application by Oliver Bochantin for _- approval of a 1'6" sideyard setback variance to the 5' sideyard setback requirement to allow for a detached garage. The property is zoned Residential-Two and located at 4655 Saulsbury Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER questioned if it would be a brick garage, and Mr. McCartney replied there are no requirements on that, however a brick structure would be considered non- flammable, so they would not have to have the 5' separation • unless there would be a window. The applicant, Oliver Bochantin, 4655 Saulsbury Street, was sworn in. He said if the City requires. the garage to be brick then he will comply. He corrected the staff report saying it is actually 20' 6" between the property line and the neighbor's building. Board Member THIESSEN stated this is an exceptionally large garage and wondered if the applicant will be doing commercial work, and Mr. Bochantin replied no, and other than storage and work shop, the main reason is for storage of their three family cars and two antique cars. A 24' is a standard garage and he would like to stay with that. He wanted to move the garage further toward the back, but it would interfere with his backyard. There will be a concrete driveway to the garage. Board Member ECHELMEYER was concerned if_the garage is frame and brick would the 5' be sufficient for fire protection, and Mr. McCartney replied yes, that is all that is required by code.. • WSEAT RIDGE BOARD OF ADJIISTMENT . MINUTES OF MEETING: June 26, 1997 Page 5 Property lines were discussed. Mr. Bochantin noted the sheds in the backyard are portable and can be removed. Board Member WALKER was concerned with the four vehicles being a lot of flammable material in one structure and would be hard to fight a fire, and the applicant replied even though there is the space for them, he does not believe - there will be four vehicles in the garage at one time, as he still wants some open area for a work shop. Board Member HOWARD thinks the garage sticking out 9' from the dwelling will be very noticeable. The peak of the roof will be 2-3' lower than the house, and Mr. Bochantin added he thinks it will look good with his house and not be an eyesore. Mr. McCartney told the board even though this might not.be aesthetically pleasing, the 30' front setback is all that is required by code. Mr. Bochantin added there is really no standard in the neighborhood, they are anywhere between 30-50' setbacks. The three storage sheds in the • backyard will remain. Board Member THIESSEN xaised questions about the 5' setback being reduced if there were different materials used, and Mr. McCartney stated again, if there_is a window in the structure they need access out of that window in case of fire. The Uniform Fire Code regulation is 5' regardless of materials used. Mr. Bochantin asked if the window would be - sealed off would they still need the 5',and Mr. McCartney replied that is out of his jurisdiction, so if it is pertinent, they would have to continue the--case and get an answer from a building official. Mr. Jim Tucker, 475 Kendall Street, neighbor to the north, was sworn in. He stated the road jogs and their house sets further out, so he has no objections to this request. No further questions were asked. It was noted there were no inquiries regarding this case. Motion was made by Board Member MAURO, that Case No. WA-97- 13, an application by Oliver Bochantin, be APPROVED for-the following reasons: • WHEAT RIDGE BOARD OF ADJUSTMENT • MINIITES OF MEETING: June 26, 1997 Page 6 1. The garage is located in an area that will not pose as hazardous or injurious to other properties. 2. The garage does meet the Uniform Fire Code regulations bf a minimum of 10' between the structures. 3. The proposed addition will not impair the supply of light and air to the adjacent property. 4. There will be no increase in fire danger or increase in congestion on the public streets. Motion was seconded by Board Member JUNKER. Motion carried 6-1, with Board Member HOWARD voting no. Resolution attached. C. Caere T7n. WA-97-1~: An application by LeRoy Surry for the approval of a 21' sideyard setback variance to the_30_' sideyard setback requirement to allow a carport. The property is zoned Residential-Two and located at 3424 Kendall Street. - Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER wondered if the variance would be the same if the applicant would turn the carport into a garage at a later date, and Mr. McCartney answered that would not affect anything because the setbacks are the same. Sight triangles were discussed. -- The applicant, Leroy Surry, 3424 Kendall Street, was sworn in. He stated he wants the carport because he is tired of fighting snow. Board Member THIESSEN wondered-since this is a large property, if the applicant had considered placing the carport on the east side, and Mr. Surry said he had considered that, however the proposed location would make it easier accessed. Mr. Surry discussed the length of his vehicles, parking, and the distance from the street. If curb, gutter, and sidewalks would ever be put in, Mr. McCartney said they would be in about 8' from the edge of • asphalt. WHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: June 26, 1997 Page 7 Board Member HOWARD asked if there would be a concrete floor in the-carport, and Mr. Burry answered not now, but maybe later on. - Board Member THIESSEN asked the applicant if it meant approval of this variance, would he be willing to reduce the request, and Mr. Burry replied yes. He added the minimum length he could get by with would be 30', reducing the variance request to 18'. Carolyn Burry, 3424 Kendall Street, was sworn in.-- Ms. Burry explained the need for the carport because it is very shady and icy on that side of the house and she has fallen a couple of times. Richard Strayer, 3415 Kendall Street, was sworn in. He lives across the street to the west, and his main concern,- in the past, has been the hedge. He has no objections to the Surry's proposal. Discussion followed. - • No further questions were asked. Motion was made by Board Member THIESSEN, that Case No. WA- 97-14, an application by Leroy Burry, be APPROVED for the following reason: - 1. There were no objections registered. Board Member MAURO voiced her concerns regarding the safety issue of the corner. Board Member HOVLAND said he fails to see the hardship or uniqueness in this case, and there are several alternatives. Motion was seconded by Board Member WALKER.- Motion for approval DENIED by a vote of 4-3, with Board Members HOVLAND, HOWARD, and MAURO voting no. D. Ica No_ WA-97-15: An application by Tom Radigan for approval of a two foot fence height variance for Residential-One zoned property located at 10845-10875 W. 32nd Avenue. • WHEAT RIDGE BOARD OF ADJUSTMENT • MINIITES OF MEETING: June 26, 1997 Page 8 Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member ECHELMEYER stated the sign was not posted for the full 15 days. Discussion followed and Board Member WALKER motioned to continue this case. Motion died for lack of second. Board Member HOWARD wondered if the 6' fence-to the .east was approved.. by City Council, and Mr. McCartney replied that could be possible. He also asked why this fence was not considered by City Council. when the minor subdivision was approved, and Mr. McCartney said the applicant could better answer that. Board Member HOWARD asked if there were any other fences on 32nd Avenue with driveways going into a property, and Mr. McCartney said there are some 6'. fences however, only for • side property lines with no accesses on 32nd.. This property is a flag-lot with an access drive on 32nd Avenue. It allows a cul-de-sac bulb turn around with a private drive that is not considered public right-of-way. Discussion ensued regarding fences west of the project in question and setbacks of fences to the east. Board Member HOWARD was concerned with the sight triangle to the east, and Mr. McCartney assured him that Planning Commission felt this was not a large enough issue to warrant any changes in construction of-that fence. The width of the private drive is 30 feet. The applicant, Tom Radigan, 5703 Xenon Way, Arvada, CO, was sworn in. He said they are trying to create a sound barrier between the first lot and 32nd Avenue. The first house faces east so this would be a side lot. The fence-on.the east side is about 7' back from the sidewalk. He said the private drive has 3' dirt berms on each side with 24' of asphalt, making a total of 30'. The brick fence further east is about 7' tall and set back one and a half feet from • the sidewalk and it is an entryway for-the one property on 32nd (that house also faces east and is a side property). WHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: June 26, 1997 Page 9 Mr.. Radigan said the fence/sight triangle issue did not come up at Planning Commission or City Council, however they did insist they put the drive on the east side because placing it on the west side would create too much of a traffic flow. It was noted there were no inquiries regarding this case. No further questions were asked. Motion was made by Board Member MAURO, that Case No..WA-97- 15, an application by Tom Radigan, be APPROVED for the following reasons and conditions: 1. A 6' fence will not impair the adequate supply of light and air from adjacent properties. 2. The applicant has met all requirements of the sight distance triangle regulations. The following amendments were accepted after discussion: - • 3. The house at 10845 W. 32nd Avenue shall face east. 4. This is unique because the lots are flag-lots. Board Member HOWARD questioned who approved the 7' high fence, and Mr. McCartney replied this was done by Planning Commission and City Council during the original approval of the subdivision. Board Member HOWARD wanted to know what would happen if the applicant would change the private drive to a street, and Mr. McCartney replied then that would become their frontage to the east and 32nd Avenue would be their side-property. Discussion followed. Motion was seconded by Board Member JUNKER. Motion carried 6-1, with Board Member HOWARD voting no. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Study session date. . B. Billboard discussion. C. Earlier starting time for Board meetings. WHEAT RIDGE BOARD OF ADJUSTMENT • Mlivuin5 OF MEETING: June 26, 1997 Page 10 7. NEW BIISINESS A. Due to a heavier case load, motion was made to start the July 24, 1997 meeting at 6:30 P.M., and carried unanimously. ,' B. -Discussion on posting of signs. C. Approval of Minutes:, Motion was made by Board Member WALKER, seconded by Board Member MAURO, that the minutes of May 22, 1997, be approved as printed.... Motion carried 7-0.. - 8. ADJOIIRNMENT Consensus was to adjourn the meeting. Meeting adjourned at 10:20 P.M. • Mary L hapla, Secretary Date approved: 7-24-97 B OAR D O F A D'J U S T M E N T • PUBLIC FORUM ROSTER June 26, 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 - .,_.- - •