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HomeMy WebLinkAbout09/25/1997 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 September 25, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman HOVLAND at 7:30 P.M. on September 25, 1997, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL: MEMBERS PRESENT: Tom Abbott Paul Hovland Bob Howard Linda Mauro Karen Thiessen Bob Walker MEMBERS ABSENT: Bill Echelmeyer Susan Junker STAFF PRESENT: Alan White, Director of_ Planning and Development 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 September 25, 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. WBEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: September 25, 1997 2. APPROVE THE ORDER OF THE AGENDA Page 2 Motion was made by Board Member HOWARD, seconded by Board Member MAURO, to approve the order of the agenda. Motion carried 6-0. 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. race Nn wn-a~-ii; 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 Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. After some questioning, Mr. McCartney explained there are currently 18 billboards in the B-2 District, and the applicant is just relocating an existing billboard within the same - district. The code states once a non-conforming structure is changed, it has to comply with today's standards. Therefore,' the applicant needs a variance for relocation and a variance to the height because it is a non-conforming structure. The maximum height for a billboard is 55`, and even though it has not been surveyed, Mr. McCartney believes this billboard is under that. The applicant, Martin Kelly, 1702 E. Highland, Phoenix, AZ, was sworn in. There is a 26' difference in elevation from ground level of the billboard to the freeway. On the freeway, in the nearest lane, the bottom half of the billboard is not visible to the driver, and the problem gets-worse in the far lane. He displayed enlarged photos and computer drawings. s .WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: September 25, 1997 Page 3 Discussion followed regarding the lack of visibility from the highway. Board Member HOWARD asked if the applicant could apply for an administrative height variance of 10~ after this, and Mr. McCartney replied yes, however it would still have to be approved by staff. Mr. Kelly assured the board they would not be asking for more height. Board Member HOWARD asked the size of the billboard they own on Ward Road, and Mr. Kelly replied 10' by 30'. Due to _ freeway speeds, the billboard in question will be considerably larger (14'-x 48'), and Mr. McCartney added that size i.s permissible by code. No further questions were asked. Board Member ABBOTT stated this motion would be in two parts. Motion was made by Board Member ABBOTT, that Case No. WA-97- it-A, an application by Mile High Outdoor to relocate an existing billboard, be APPROVED for the following reasons:-- 1. The relocation of-the billboard will have a more compatible land use. Motion was seconded by Board Member WALKER. Motion carried 5-_ 1, with Board Member THIESSEN voting no. Resolution attached. Motion was made by Board Member ABBOTT, that Case No. WA-97- 11-B, an application-by Mile High Outdoor for an 18' billboard height variance, be APPROVED for the following reasons _ _ 1. There is a 26' grade difference between the interstate and said property. 2. The request will not alter the existing character of the locality as there are existing billboards located within the area. 3. Graphics were presented which illustrate the lack of commercial visibility at the ordinance requirement of 32 feet. - WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 25, 1997 • WITH THE FOLLOWING CONDITION: Page 4 1. The applicant will not request any height above 50' for this billboard. Motion was seconded by Board Member WALKER. Motion FAILED by a vote of 4-2, with Board Members THIESSEN and HOWARD voting no. Resolution attached. B. t'aSa Nn. wP-eo-i2: An application by Gayle Maschari-Mohr for approval of a 2' fence height variance to the 6' maximum fence height requirement to allow an 8' fence on the side and rear property lines. The property is zoned Residential-Two and located at 8350 W. 41st Avenue. Sean McCartney presented the staff report. All. pertinent documents were entered into record, which Chairman HOVLAND accepted. Mr. McCartney said this request includes 2 fence variances; one for the rear yard and. one for the side yard. The dilapidated fence in the rear belongs to the neighbor, and since the applicant's backyard is lower, an 8' fence would bring it level with the dilapidated fence. The side yard variance represents the civil matter regarding privacy. Board Member MAURO asked if there is an existing 6' fence on the west side of the house, and Mr. McCartney answered yes. The applicant, Gayle Maschari-Mohr, 8350 W. 44th Avenue, was sworn in. Ms. Mohr explained the current fencing on her property. She would like an 8' in the rear to hide the unsightly plywood that the neighbor has put up and also to hide the deteriorating cement retaining wall. She showed on the overhead where the 'pillars and wrought iron will be placed for the fence in the frontyard. They want to put the 8' wooden fence from the front edge o~ the house to the back because from her kitchen she can see directly into her neighbor's daughter's bedroom. The distance between the two windows is only 8~ feet, and they would like to block the view and create more privacy. WHEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: September 25, 1997 Page 5 Ms. Mohr's house presently for sale, however if there is not a contract on it within the next five days, then they will continua to live there. Board Member THIESSEN questioned the flyer regarding her house for sale, and Ms. Mohr explained that she was told the variance would be transferable as it runs with the property. If approved, the side fence will be built before the sale, but the back fence might not be. It was noted the neighbor's house was built first. Discussion followed regarding landscaping. Deborah Foster, 4090 Carr Street, the homeowner to the west, was sworn in. She is opposed to this variance because she is concerned with the blocking of light. Also, there would be no space in between for maintenance of her gutters. She feels a tree would easily screen off any view from their bedroom. Board Member ABBOTT asked if she is opposed to both fence variances, and Ms. Foster. replied no, only the section by her house. No further questions were asked. Board Member ABBOTT stated this motion would be in two parts. Motion was made by Board Member ABBOTT that Case No. WA-97-12- A, an application by Gayle Maschari-Mohr for approval of a 2~ fence height variance for the south side of,the property, be APPROVED for the following reasons: 1. The neighbor's fence to the south is unsightly and dilapidated. 2. There is a difference in topography between the two properties. Motion was seconded by Board Member MAURO. Motion carried 5- 1, with Board Member HOWARD voting no. Resolution attached. Motion was made by Board Member ABBOTT, that Case No. WA-97- 12-8, an application by Gayle Maschari-Mohr for approval of a NTHEAT RIDGE .BOARD OF ADJIISTMENT MINIITES OF MEETING:. September 25, 1997 Page 6 2' fence height variance for the west side..of_the property, be DENIED for the following reasons: 1. The applicant does have the option of planting landscaping at any height. 2. The plight of the owner is not due to any unique circumstance. 3. There are no other 8' fences from finished grade in the neighborhood. 4. The hardship in this case appears to be a civil matter. 5. The proposed 8' fence will noticeably impair the light and air to adjacent property to the west. Motion was seconded by Board Member THIESSEN. Motion carried 6-0. Resolution attached. C, ~ycr~ Nn. WA-97-23: An application by Domenic Antista for approval of a 4'6" frontyard setback variance to the 5' frontyard setback requirement to erect a 6' sign. The property is zoned Restricted Commercial-One and located at 8850 W. 38th Avenue. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Mr. McCartney believes the parking lot has the required parking spaces for the building. The sign would only require the removal of one parking space, but staff does not want to see even one space lost due to the fact that the uses of the building could be changed in the future. The sign will be located 5'6" from the sidewalk and clear of all sight triangles. Their minimum square footage for the sign is 35 square feet, depending on the size of the building. Board Member THIESSEN feels the size of the sign becomes more of an issue the closer it is to the street and to the property line. Board Member MAURO asked if the reason for the proposed location is to have a double-faced sign that can be seen from both directions, and Mr. McCartney answered he does not • WHEAT RIDGE BOARD OF ADJiTSTMENT Miivui~S OF MEETING: September 25, 1997 Page 7 believe that is the applicant's main reason because a double- face sign is allowed anyway, he just wants more visibility. There are no restrictions on illumination of signs. Discussion followed regarding uniqueness. The applicant, Domenic Antista, 8850 W. 38th Avenue, was sworn in. Mr. Antista said when 38th Avenue was widened their sidewalk was moved northward. They had to place their sign within the landscaping because the property line was moved, now they are asking for a variance to place the sign 6" in from the landscaping. Mr. Antista said the old sign is much larger than the proposed sign and is 15 years old. The old sign will be removed. Board Member THIESSEN feels most of the area is residential, and she was wondering if it would be satisfactory to him just to trim up the trees a bit, and Mr. Antista stated that would not be satisfactory and feels a new sign is best. He disagrees that the area is strictly residential. The new sign will be made of anodized aluminum that is painted and it will match the signs at Lutheran Medical Center. Board Member HOWARD suggested a monument sign, and Mr. Antista replied a monument sign is very costly and the height is limited. The maximum height outside of the sight triangle is 4' from the ground, so feels that would not be adequate. Alternatives were discussed. Mr. Antista stated they have not ordered the sign yet, so they could reduce the sign 6-8 inches. Board Member WALKER questioned sight triangles and Mr. McCartney added that measured from driveways, the sight triangle is 15° by 15°. Board Member THIESSEN asked if the City were to deed that property back to Mr. Antista, could the variance be moved, and Mr. McCartney said that could always be placed as a condition. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-97- 23,,an application by Domenic Antista, be APPROVED for the following reasons: • w WHEAT RIDGE .BOARD OF.ADJDSTMENT MINUTfiS OF MEETING: September 25, 1997 Page 8 1. By placing the sign in the required landscape buffer, the applicant is satisfying the landscape requirement. 2. The sign will be placed outside of the sight triangle. 3. The request will not be detrimental to the public welfare, or injurious to other properties or improvements in the neighborhood. 4. This is a unique situation because the property line was changed when the applicant deeded 15~ to the City for the re-alignment of W. 38th Avenue. WITH THE FOLLOWING CONDITION: 1. The leading edge of the sign shall be a minimum of 5~ from the rear sidewalk edge. • Board Member HOWARD offered a friendly amendment that the height of the sign be reduced from 48" to 40", and Board. Member ABBOTT accepted. Motion was seconded by Board Member WALKER. Motion carried 6-0. Resolution attached. D. Casa Nn WA-97-24; pn application by Walter Schmitt for approval of a 7~ frontyard setback variance to the 30~ frontyard setback requirement to allow a garage to be placed 23' from the front property line. The property is zoned Residential-Three and located at 8632 W. 44th Place. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. Board Member THIESSEN asked if the addition will impede the driveway that goes to the garage in the back, and Mr. McCartney answered he has not received any site plans, however he believes there will be plenty of room. The square footage of the property is 12,508. The applicant, Walter Schmitt, 8632 W. 44th Place, was sworn in. Mr. Schmitt said his son is on oxygen .24 hours a day and stays inside a lot, so needs additional living area. He WHEAT RIDGE BOARD OF ADJTTSTMENT MINUTES OF MEETING: September 25, 1997 Page 9 expounded a little on the addition saying they will be converting only part of the garage into living area. Board Member WALKER verified the addition will be 30' by 15' No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-9-7- 24, an application by Walter Schmitt, be APPROVED for the following reasons: - 1. There are no alternative locations for the proposed addition. 2. Their is a unique circumstance because the applicant's son is permanently disabled. ~. There is a unique circumstance because there-is a substantial grade change between the front and rear property. 4. There are various similar setbacks in the area. 5. There is hardship because the applicant`s adult son must live at home, therefore creating the need for 6. additional living area. Granting this request will result in a reasonable accommodation of a person with a disability. WITH THE FOLLOWING CONDITIONS: 1. The addition shall be of similar material and design as the-main structure to be harmonious with the surrounding dwellings. 2. The concrete not be expanded to the street. Motion was seconded by Board Member WALKER. Motion carried 6- 0. Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion on the Temporary Use Permit at Chesrown Auto Dealership. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 25, 1997 Page 10 7. NEW BUSINESS A. Consensus was to start the October 23, 1997 meeting at 7:00 p.m. B. Approval of Minutes: August 28, 1997 Motion was made by Board Member WALKER, Seconded by Board Member MAURO, to approve the minutes as amended: Change date in header to read: August 28, 1997. Page 5, paragraph 5, change `Chairman HOVLAND' to `Chairman MAURO'. 8. ADJOURNMENT Consensus was to adjourn the meeting. Meeting adjourned at 10:20 P.M. • Mar bnU Chapla, Secretary Date approved: • B O A R D O F A D J U S T MEN T PUBLIC FORUM ROSTER - September 25, 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 ,