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HomeMy WebLinkAbout07/24/1997 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 MINIITES OF MEETING July 24, 1997 • 1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chairman MAURO at 7:34 P.M. on July 24, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. _ __ 2. ROLL CALL: MEMBERS PRESENT: Tom Abbott Bill Echelmeyer Bob Howard Susan Junker __ Linda Mauro _ Karen Thiessen Robert Walker MEMBERS ABSENT STAFF PRESENT: Paul Hovland Sean McCartney, Planner Jennifer Roche, Planning Tech Mary Lou Chapla, Secretary PUBLIC HEARING The following is the official set of Board of Adjustment minutes for-the Public Hearing of July 24, 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: July 24, 1997 Page 2 2. APPROVE THH ORDER OF THE AGHNDA Due to the sign not being visibly posted for 15 days, Board Member ECHELMEYER motioned--for Case No. WA-97-12 to be re-posted and rescheduled for hearing at the September meeting. Motion seconded by Board Member WALKER and carried unanimously. Motion was made by Board Member THIESSEN, seconded by Board Member ECHELMEYER to approve the agenda as amended. 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. Case No. Ti7P-97-a; An .application by Keith Blanchard for approval of a Temporary Use Permit to allow the operation of a packaged - liquor store on property zoned Planned Commercial Development, which currently does not permit that use. Said property is • located at 4550_Wadsworth Boulevard, Unif F. Sean McCartney presented the staff report and entered into record letters labeled Exhibit `A'. All pertinent documents were entered into record, which Vice Chairman MAURO accepted. Board Member ECHELMEYER asked when the applicant moved into the liquor store and what processes did he go through, Mr. McCartney- said he applied to--City Council for the liquor license in April and May, but does not know the actual move in day. All business licenses get approval from the planning department. However, since the applicant did not apply for one with his new address, the planning department was unaware.' Legally,-the applicant should not have opened without a current business license. Board Member WALKER asked if the restaurant has a liquor license, and Mr. McCartney replied yes, but there is nothing in '.the development that prohibits restaurant liquor sales. The development specifically states no packaged liquor sales. Mr. McCartney is not aware if the store ever opened or-not at this location. Ronald Servis, 6595 W. 14th Avenue, Lakewood, attorney for the. applicant, was sworn in. He said the applicant was in business • for four years on the corner of 44th & Wadsworth, and recently VPHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: July 24, 1997 Page 3 moved to a new location that is safer for traffic, a lot cleaner and brighter, and is a newer facility. The liquor store is Mr. Blanchard's livelihood and he has spent about $50,000 for new equipment. The applicant had a business license at the old location and assumed it would transfer right along with the liquor license. He moved into the new facility approximately June 20 and did open and operate for about 2 weeks before he received a `cease and desist' order. He continued saying that packaged liquor stores are acceptable in Commercial-One zoning, but are excluded in a Planned Commercial Development. There has already been an established need for liquor sales in the neighborhood and Mr. Servis believes a one year Temporary Use Permit will give the City a chance to see if it will work and perhaps allow for a rezoning in the future. Mr. Blanchard has abided by all the liquor laws including passing three `sting' operations conducted by the Wheat Ridge Police Department. The City Council has approved the move of the liquor license. No questions were asked of Mr. Servis. • Connie Davidson, congregation president of Holy Cross Lutheran Church, residing at 3600 Garrison Street, was sworn in. She represents the church and does oppose this request. Ms. Davidson read a letter from their pastor also in opposition of the Temporary Use Permit. She owner of the liquor store, Keith. Blanchard, was sworn in. Board Member ECHELMEYER wanted to know why he moved from the prior location, and Mr. Blanchard replied the new facility is a nicer, better place with easier access, plus 'rent is a lot cheaper, Board Member ECHELMEYER asked why the applicant made no contact with the neighborhood prior to leasing this space, and Mr. Blanchard said he thought that would be part of the Survey. Mr. Servis added the unit was posted prior to the hearing and there was not one protest registered. Discussion followed regarding the old law on the PCD. Board Member HOWARD asked the applicant with the redevelopment of 44th & Wadsworth, had he given any thought to moving in there, and Mr. Blanchard answered that the owner did not show interest in that happening, and he also felt his liquor store would not survive during the construction. • WSEAT RIDGE BOARD OF ADJ[7STMENT • MINIITES OF MEETING: July 24, 1997 Page 4 Board Member ECHELMEYER was surprised that the applicant invested $50,000 into a new store without covering all bases, and Mr. Blanchard replied he did not think this would be such a_big dilemma with just moving a short distance. Orville Freestone, 3775 Dudley Street, pastor of Abundant Grace Fellowship Church, was sworn in. He feels with the two churches and the alcoholic treatment center so close, that_this request is contrary to the service of the .community. The .posted notice was _ not seen. Robert Blackwood, Secretary/Treasurer of Abundant Life Fellowship Church, 7802 W. 90th Avenue, Westminster, was sworn in. He spoke against this because he feels a temporary variance and added traffic will both be problems. Greg Marquort, 4255 Yarrow Street, was sworn in. He spoke in favor of this request and has, never known of any problems created there. He has known the applicant for years and feels this move was good for the survival of his family. • Robert Gagnon, 4585 Yarrow Street, was sworn in. He also has known the applicant since he opened about four years ago, and stated_he is a honest, upstanding and decent man. Mr. Gagnon is happy for his move and in favor of the. request. Bernice Merkl, 7175 W. 34th Place, was sworn in. She voiced concerns against this because she feels the neighborhood has not changed in 20 years and this will affect the safety and welfare of the neighborhood. The semis coming in and off of Wadsworth cause traffic problems and are unhealthy. People park on 45th Avenue because there is not_enough parking in Barkley Square. Discussion followed regarding the posting of signs-. Robert Merkl, 7520 W. 46th Avenue, was sworn in. He objected to City Council giving the liquor license to the applicant without checking the records. Mr. Merkl and family were the original owners of the land, and when the property was sold, the people of the neighborhood objected to certain businesses being there and their opinions should s.ti11 be valid. The reason there were no objections raised at the council meeting is because the posted signs could not be seen. Larry Merkl, 7175 W. 34th Place, was sworn in. Mr. Merkl is opposed to this because the applicant never applied for a business • license transfer nor a-sales tax license. Had the applicant done WHEAT RIDGE BOARD OF ADJUSTMENT • MuvuiSS OF MEETING: July 24, 1997 Page 5 these two things, the restrictions on the property would have_been pointed out and then he could not have moved the business. Mr. Merkl pointed out that the restaurant license is a separate class of liquor license. There is a lot of blame to go around on this, and some of it has to fall on the applicant. Board Member ABBOTT stated since council did allow the moving of this liquor business, and this TUP would allow council to take a look at and evaluate their actions. However, Mr. Merkl feels some blame should fall on the leasing agent also. Mr. Merkl said during the liquor hearing itself, the city never checks the zoning on a property. That is done at a different step, and that is when they apply for their business and sales tax license. To say to the neighborhood, that everyone made a mistake and now they have to live with it is wrong also. When the TUP expires, the applicant would have the same problem if the zoning would he turned down by council. The best thing for the applicant to do is look at moving_the business. He feels this was not a simple transfer, it was moved from one • side of Wadsworth that is a busy commercial intersection to two blocks down and in a residential neighborhood. Discussion followed. Dave Irey, Vice president of Dunton Realty and agent for Barkley Square, was sworn in. Dunton Realty manages and leases 48 commercial strip centers in the Denver area, and almost all of them have a packaged liquor store. The deed restrictions on this center were put on more than 20 years ago and most of them do not make any sense and don't apply because they would not fit on the property anyway. They have a clause in their. lease that leaves checking out the zoning and licensing up to the tenant. Board Member ECHELMEYER wanted to know if these properties have similar zoning, and Mr. Irey said each city has different zoning with their own_restrictions. He was not aware of the exclusion of liquor stores when he signed the 1_ease. Sheryl Hunt, 7450 W. 45th Place, was sworn in. She walks the area a lot and said the parking lot is always full. Their block is only 6 houses long and the semis go up and down and do create a traffic problem. She has small children and is concerned for their safety. This iS the wrong area for a liquor store, and she feels the applicant needs to know it is not wanted there. • WHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETINGz July 24, 1997 Page 6 No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. TUP-97-4, an application by Keith Blanchard, be APPROVED for the following reasons: 1. City Council has previously approved the relocation of the liquor license. 2. The real estate firm testified that they made no attempt to check for appropriate zoning. 3. Due to the prior approval of liquor license by city council, there are substantial financial impacts for the owner. IN RECOGNITION OF THE FOLLOWING: 1. A significant number of individuals and organizations spoke or submitted in writing opposition of this request. 2. The property is located in a long existing Planned Commercial Development district whose restrictions have previously been agreed upon. 3. The location directly abuts residential zoning and is approximal to an alcohol rehabilitation facility. . 4. This motion in no way implicates the Board's acceptance of the specific arguments offered. WITH THE FOLLOWING CONDITION: 1. The Temporary Use Permit shall run for 6Q days. Motion was seconded by Board Member WALKER: Board Member THIESSEN stated she would be voting no because this is not an appropriate purpose in the PCD. The arguments of the neighborhood were much more compelling. Board Member JUNFtER will be voting against this because she feels the citizens have a right to say what goes on in their neighborhood. Discussion on the 60 day time frame and the intent for council to move promptly. Mr. McCartney said 60 days may not be a proper time frame for all that is required to go before Planning Commission (posting, publication, neighborhood meetings, agenda placement, etc). If all goes well, the time frame would be more like a solid six months just for a decision. • WHEAT RIDGE BOARD OF ADJIISTMENfi • MINQTES OF MEETING: July 24, 1997 Page 7 Board Member ABBOTT motioned to change the Temporary Use Permit to be for six months. Board Member WALKER agreed. Member ECHELMEYER will also be voting no because there have been mistakes made and he sees no reason for the board to continue with the mistakes. Motion fails 2-5 with Board Members ECHELMEYER,,HOWARD, JUNKER, MAURO, and THIESSEN voting no. Resolution attached. _- -- B. CaaP Nn WA-97-17; An application by Bradley Petroleum for _ approval of a 39' front yard setback variance to the 50' front yard setback requirement to allow the construction of a fuel pump canopy. The property is zoned Commercial-One and located at 10010 W. 27th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Vice Chairman MAURO accepted. Board Member THIESSEN asked if this setback variance-would carry over to another owner, and Mr. McCartney replied yes, the variance • remains with the site. The board can stipulate however, that this setback is for a canopy only. Questions were raised and discussed about the lot line. Board Member ECHELMEYER asked if there were any plans to widen __ Kipling, and Mr. McCartney answered none that he is aware of. However, if Kipling would be widened there would still be 16' of which right-of-way can extend without even touching the property. William Shay, Bradley Petroleum, was sworn in. Mr. Shay said they want to modernize and make the site more user friendly, and more aesthetically friendly to the neighborhood and city. The proposed canopy will be about 16' to the lower fascia. Board Member HOWARD questioned how long Bradley has owned this property, and Mr. Shay referred this to the president of Bradley, in the audience, who said there has been some association for 40 years. Mr. Shay informed the board that Merchants Oil has been consumed by Bradley Oil. Board Member ABBOTT asked if the city allowed the banners draped underneath the permanent sign, and Mr. McCartney said they would be allowed, however,. there has not been a permit issued for that. Banners and remodeling the current sign were discussed. WHEAT RIDGE BOARD OF ADJUSTMENT • Miivuir.S OF MEETING: July 24, 1997 Page 8 No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-97-17, an application by Bradley Petroleum, be APPROVED for the following reasons: 1. No traffic accidents have been recorded'to date pertaining to the fuel pump canopy. 2. The canopy would not be a visual hindrance if it were located in the sight triangle. 3. The re-construction of service stations in Wheat Ridge have consistently required canopy setback variances. 4. If denied, the existing canopy may remain in its current location and the business may continue to operate. Facade changes and minor structural modifications may be performed on the existing canopy with a building permit as long as 50°s of the structure is not removed. 5. With the current front and rear setbacks there are_only 35' for which the structure and canopy can be located. _ _- WITH THE FOLLOWING CONDITIONS: - • 1. This variance is for a service station canopy only. 2. The existing signage shall be brought into compliance with the ordinance. Mr. McCartney explained the existing sign as it relates to the Sign Code. Discussion followed with Board Member ABBOTT withdrawing Condition #2. Motion was seconded by Board Member JUNKER. Motion carried 7-0. Resolution attached. C. Case Nn. wA-47-iH: An application by Shannon Hasch for approval of a 6' side yard setback variance to the 10' side yard setback requirement to allow an attached garage. The property is zoned Planned Residential Development and located at 11421 W. 45th Place. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Vice Chairman MAURO accepted. Board Member ECHELMEYER inquired about the shed on the property, and Mr. McCartney answered it will be removed. Board Member ABBOTT wanted to know if there is a drainage Swale to the left of the trees, and Mr. McCartney replied it is not shown on the development plan. This easement is referred to as a utility easement and not a drainage easement. Since the area is not in a • WHEAT RIDGE BOARD OF ADJQSTMENT • MIiv~rr.5 OF MEETING: July 24, 1997 Page 9 high topographical area, Mr. McCartney would not see the need for that type of Swale, since the property is not in the flood plain. Mr. McCartney said the garage will not necessarily be for travel vehicles but more for the applicant's antique 1940 Roadster. The applicant, Shannon Hasch, 11421 W. 45th Place, was sworn in. He is proud of his property and since he is remodeling the garage will be a nice addition. Board Member ABBOTT questioned this being a hardship, and Mr. Hasch said he does have the two automobiles, plus he needs a place for storage of his woodworking tools and saws. He has no room to work now and does have a limited budget. No further questions were asked. Motion was made by Board Member THIESSEN, that Case No. WA-97-16,'an application by Shannon Hasch,- be APPROVED for the following reasons: 1. The request will not be detrimental to the public welfare,. or , injurious to other property or improvements to the S neighborhood. 2. The request will not impair the adequate supply of light and air to adjacent properties or substantially increase congestion in the streets. _ 3. It will benefit the neighborhood by providing aesthetic relief from exterior parking and storage of automotive materials. 4. There were no protests registered against this request. Board Member ABBOTT offered friendly amendments: 5. The applicant will remove the existing shed. 6. There is significantly more than average separation from the garage to the neighboring structures. Motion was seconded by Board Member ECHELMEYER,__ Motion carried 7-0. Resolution attached. _._.. D. Casa Nn wn-97-19: An application by Budget Garages for approval of a 25' rear yard setback variance to the 30' .rear yard setback requirement when adjacent to a public right-of-way. The property is zoned Residential-Two and located at 3620 Hoyt Court. Sean McCartney presented the staff report. All-pertinent documents were entered into record, which Vice Chairman MAURO accepted. • WIiEAT RIDGE BOARD OF ADJUSTMENT • MINIITES OF MEETING: July 24, 1997 Page 10 Board Member THIESSEN wanted to know since a valid building permit was issued, is the city liable, and Mr. McCartney replied it states on the permit that the contractor is liable for any problems that may exist on the project, however he would have to contact the city attorney Board Member HOWARD stated many homes in Wheat Ridge have front and back yards that face public right-of-way, and wanted to know how many garages similar to this are built to the rear of their property, and Mr. McCartney said on this street their were two. Board Member HOWARD asked if there were any, houses that face Hoyt Court (west side of the street), and Mr. McCartney answered all the houses are addressed to Hoyt Court. Neighbors cannot see this garage, from their front windows. Discussion followed. The applicant, Merrill Miller, Budget Garages, was sworn in. He said the garage is finished and there are no plans to expand it. Don Gallegos, 3645 Holland Court, was sworn in. Mr. Gallegos said his backyard is kind of catty cornered with the applicant's and stated he has no problems with this request. Board Member ABBOTT expressed his dislike for the color, and asked if the applicant could re-paint it. Mr. Merrill said--this is a vinyl siding and it could not be painted, the applicant would have to remove it which would cost about $2,000. No further questipns were asked. Motion was made by Board Member THIESSEN, that Case No. WA-97-19, an application by Budget Garages, be APPROVED for the following reasons: 1. The applicant has a valid building permit. 2. The applicant should not be penalized due to the City's error. 3. Granting of this request would not be detrimental to the public welfare or be injurious to other property or improvements in the neighborhood. 4. The granting of this request will not impair the adequate supply of light and air to adjacent properties nor increase congestion, danger of fire or endanger public-safety. 5. The granting of this request should not hinder the essential character of the locality. • WHEAT RIDGE BOARD OF ADJUSTMENT • MINUTES OF MEETING: July 24, 1997 Page 11 WITH THE FOLLOWING CONDITION: 1. The area behind the garage._not be used for additional parking. Board Member ECHELMEYER offered a friendly amendment: 2. There be no expansion of the garage. Motion was seconded by Board Member WALKER. Motion carried 7-0. Resolution attached... ~ ' E, ('a Re Nn. wA-97-t1: An application by Mile High Outdoor for approval of an 18' billboard height variance to the 32' maximum billboard height requirement, and a relocation variance to allow the placement of a billboard on property zoned Light Industrial and located at approximately 6400 W. 49th Drive. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Vice Chairman MAURO accepted.... Board Member ECHELMEYER was concerned with. the different addresses listed for this case, and Mr. McCartney said all exhibits relate to west of 6300 W. 49th Drive. Discussion followed. Mr. McC~r*rPy said they are staying within the B-2 district, however the billboard will be relocated. Intent of the ordinance was discussed. Board Member ECHELMEYER said with the discrepancies in the address and the sign being moved .closer to Clear Creek and actually into the flood plain itself, will that change the information submitted for a tower of this size. Mr. McCartney said he specifically gave the flood plain administrator the exact site plan which clearly shows the property entirely in the .flood plain. The administrator based his decision upon this exact site plan and his condition was that he receive updated engineering plans showing that this structure can withstand anything within that flood plain. Mr_. McCartney explained where the power station was located. Board Member HOWARD wanted to know if this is the same company that is moving a billboard from 48th & Marshall, and Mr. McCartney replied no. Martin Kelly, representing Mile High Outdoor, 9745 E. Hampden, was sworn in. He said they are not enlarging their inventory, but asking only for permission to change location and height of the billboard. The billboard now is in a location where there is a lot of visual clutter and also nearby residential. They feel the new location is • WHEAT RIDGE BOARD OF ADJUSTMENT • Mi1~u"1"nS OF MEETING: July 24, 1997 Page 12 the_best because it is strictly industrial, kind of a wasteland. It is also a more serviceable and useful 1oca~ion for a billboard because it will be seen by many more people. Mr. Kelly feels this is one variance because if the location is approved, .,the height has to be approved also or it will be about 85% below the freeway. The billboard on Ward will be dismantled and removed. He said they are_ trying to put this request in the most positive light as possible because there is a great deal of difference in appropriateness between the two locations. There has been no protests received regarding their request. Board Member E~T~T~'T~MEYER wanted to know what will be the distance from this billboard to 49th Avenue, and NLr. Kelly replied 48-50 feet, however they do comply., Discussion followed. The faces of the billboard will be perpendicular to the access of I-76. __. Mr. Kelly said he has worked closely with staff to find a location even though they had a narrow envelope to work with. Board Member ABBOTT would like to see something more visual than the exhibits submitted. He feels the graphics presented make it impossible to determine accurately if there is a visual hardship and . a need for the height variance. Mr. Kelly said it would be no problem for the case to be continued to the next available meeting and they will supply whatever exhibits wanted. Motion was made by Board Member ABBOTT, that Case No. WA-97-1i, be continued to the next available meeting. Motion was seconded by Board Member WALKER.- Motion carried 7-0. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion followed regarding starting the meetings at 6:30 p.m. Board Member THIESSEN motioned to forward a resolution on to City Council for approval. Motion seconded. by Board Member WALKER. Motion failed 4-3. 7. NEW BUSINESS A. Motion was made by Board Member WALKER, seconded by Board Member ABBOTT, to start the August meeting at 7:00 p.m. B. Billboards discussed. • WIiEAT RIDGE 80ARD OF ADJUSTMENT • MINUTES OF MEETING: July 24, 1997 Page 13 C. Approval of Minutes: June 26, 1997 Motion was made by Board Member HOWARD, seconded by Board Member JUNKER, to--approve the minutes as printed. Motion carried. 8. ADJOURNMENT There was consensus to adjourn the meeting. Meeting adjourned at 10:03 p.m. `~cr~\s~l E ~ hC~~~C'S_ Mary~Lo~hapla, Secretary Date approved: ^ r~- 3"1 - `-l~ • B O A R D O F A D J U S T M E N T • PUBLIC FORUM ROSTER - July 24, 1997 - THIS IS THE TIME FOR ANYONE TO SPEIi.LC ON ANY SUBJECT NOT APPEARING UNDER ITEM 3 OF THE PUBLIC HEARING SECTION OF THE AGENDA. Name and Address Please Print • •