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HomeMy WebLinkAbout12/11/1997 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 MEETING .. December 11, 1997 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman HOVLAND at 7:30 P. M,. on December 11, 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 Bob Howard Susan Junker Karen Thiessen Linda Mauro Robert Walker MEMBERS ABSENT None • STAFF PRESENT: Alan White, Planning Director Sean McCartney, Planner Susan Ellis, Code Enforcement Barbara Fuller, Recording Secretary PUBLIC HEARING The following is the official set of Board of Adjustment minutes for the Public Hearing of December 11, 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 ADJIISTMENT MINUTES OF MEETING: December 11, 1997 Paget • 2. APPROVE THE ORDER-OF THE AGENDA - Mr. McCartney informed the Board the applicant for Case No. WA-97- 32 has requested a continuance-until Sanuary or until further notice. Alan White requested to have the minutes approved at this time instead of under New Business. Motion was made by Board Member MAURO, seconded by Board Member WALKER to approve the order of the agenda as amended. Motion carried 8-0. Chairman HOVLAND called for approval of the minutes. Mr. White added all resolutions should also be adopted with an effective date of the meeting night. It effects the applicant's ability regarding time periods.. It is not clear what the effective date is. The attorney asked for this because .of the time that starts ticking for an applicant in terms of appeals or court action.. -It basically comes down to it has .implications for-their rights of due process. Board Member THIESSEN asked then does that mean all variances will not be effective until the following meeting, and Mr. White answered yes, however the procedure needs to be refined. He said there are rights of appeal written in the code or rights for reconsideration that has to be done within 30 days of final action by the Board. The motion is done the night of the meeting, but the resolution is done later. Further discussion ensued. Board Member ABBOTT said he does not feel comfortable doing this tonight and feels this is a change in policy and needs something in writing to review from the city attorney, and Mr. White said he can request that he does that. Board Member ECHELMEYER thinks this request is out of order and since there are people waiting tonight feels this could be done at a different time with more preparation. Board Member THIESSEN questioned why no information was in the packets regarding this. Mr. White said this has been an ongoing discussion for two weeks and the city attorney was under the impression (and relayed this to an applicant) the Board had the procedure of coming in at the meeting after a hearing and making separate motions -and approving the resolutions, and that in fact is not what the Board does. Overall, there needs to be action taken tonight on one case and it can be done after the cases before us are finished and before Old Business. The implication is that staff is not giving the applicant due process under our rules. There are options that will be discussed with the city attorney. It appears on the resolution that the date of the hearing and the date of the signatures are the same and that is • WHEAT RIDGE BOARD OF ADJQSTMENT MINUTES OF MEETING: December 11, 1997 Page 3 • not the case, they are not really 1000 done until the chairman signs them. Board Member HOWARD questioned what the by-laws states, and Mr. White read the section and noted it is not clear what constitutes final action. Board Member HOWARD feels the by-laws should be changed before any action is-taken on the motions. This will not prevent the cases from being heard tonight. Board Member ABBOTT suggested on this one particular resolution to make a motion putting it into effect the date it was signed, but it was noted the actual date is not known. Board Member WALKER feels at the time the resolution, is voted upon should be the effective date; the rest of it is just paperwork. Mr. White said resolution needs to make clear to the applicants that the resolution becomes effective on this date. Board Member THIESSEN suggested it should perhaps state in the resolution itself when it will take effect, thus eliminating any 30 days waiting period. Mr. White said he thinks the problem is more when the case is denied. Board Member THIESSEN disagreed with a resolution taking effect when it is signed. Discussion followed regarding approving the minutes without attached resolutions. . Motion was made by Board Member MAURO to table the voting of minutes and resolutions and move them back under New Business. Motion was seconded by Board Member THIESSEN, and carried unanimously. 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, C'aCP Nn Wa-97-7"I: An application by Ben Bandimerefor approval of a 953 square foot lot area variance to the 9000 square foot lot area requirement, and a 15' lot width variance to the 75' lot width requirement for a duplex. Said property is zoned Residential Two-A and located at 4470 Lee Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. WHEAT RIDGE BOARD OE ADJUSTMENT MINUTES OF MEETING: December 11, 1997 Page 4 Board Member HOWARD said the frontage of this property is 60' wide and then it narrows down twice and asked what is the width narrowed down to, and Mr. McCartney replied 50 feet. Board Member HOWARD asked if anything is built on Lot 1, would it have to be 15' away from the property line, and Mr. McCartney said no, the Code of Laws for R2-A establish a minimum side yard-setback of 5' for all structures. He added there would be approximately 10' between structures. The applicant, Ben Bandimere, 13831 W. 54th Avenue, Arvada, CO, was sworn in. He explained the duplex to the south has the required 5' setback. He entered two drawings into record, labeled Exhibit `A', for all members to review. He asked the board to bear in mind these two units have been sold to young couples just starting out and both parties are satisfied. Board Member ECHELMEYER asked what is the width of the second unit, and Mr. Bandimere-replied 40'. Board Member SCHELMEYER asked what was the width of the present unit, and Mr. Bandimere answered 55'. Board Member ECHELMSYER noted the plot plan is inaccurate for the smaller duplex. Mr. Bandimere entered two more drawings, labeled Exhibit `B' Discussion followed. Lucile Knowlton, 4471 Kipling Street, was sworn in. Ms. Knowlton's main concern is there is an easement on her property that has not been used for 40 years and believes it has reverted back to her (the property owner), and said according to the applicant's survey, part of the old easement is on his property, leaving only 3' from her garage to his property line. For the benefit of both parties, she feels this should be investigated. Ms. Knowlton is not against this application, she just wants to know where the property lines and easement are. Board Member ECHELMEYER asked staff if they knew anything about the easement reverting back to the original property owner, and Mr. McCartney answered easements are created on the individual property for utility companies and he has never heard of a shared easement with two properties. Mr. White commented easements are usually vacated and recorded with the county by agreement with the property owner and easement holder. Ms. Knowlton said she just wants to make sure Mr. Bandimere is not taking property away from her. WHEAT RIDGE BOARD OF ADJIISTMENT MINIITES OF MEETING: December 11, 1997 Page 'S • Mr. Bandimere said he has had the property survey and is just going on what the surveyors have stated. Board Member THIESSEN said this sounds like a property line dispute and feels the request will be effected. Mr. McCartney said these issues cannot be settled tonight and,if_the Board feels this is pertinent _ information, staff would suggest continuing the case until more information is brought forward. _ _._ . No further questions were asked. Motion was made by Board Member THIESSEN, and seconded by Board Member MAURO to continue this case indefinitely until more information is submitted regarding the property line dispute. Motion carried 8-0. C, raffia Nn mttp-a~-11: An application by Janet Gunn for approval of a Temporary Use Permit to allow a 5th wheel trailer as a permanent structure and living quarters. Said property is zoned Residential-One and located at 12310 W_. 42nd Avenue. Susan Ellis presented the staff report. All pertinent documents were entered into record, which Chairman HOVLAND accepted. • Board Member ABBOTT spoke on the building inspector's comment and said the intent was to tell him to enforce that part of the. electric code and not the applicability._ Discussion followed. Ms. Ellis stated she took into consideration the Board's concerns last year with this being a Temporary Use Permit for a permanent structure. It is kind of confusing, however she cannot alter what the applicant requests on the application. Larry Davis, 12310 W. 42nd Avenue, was sworn in. He discussed the letter submitted, and confirmed, even though it was worded `permanent' in last year's and this year's application, this is NOT a permanent structure. He apologized for. being late with..this year's application, but they were a bit confused and did not fully understand the procedure. Board Member ECHELMEYER asked if the request is_ through the end of August 1998, and Mr. Davis replied yes. Their ward, Michael, graduates high school in May, however they_have to get him off to college in August. Mr. Davis pointed out Michael is graduating high school at the age of 16. • 41HEAT RIDGE BOARD OF ADJIISTMENT MINUTES OF MEETING: December 11, 1997 Page 6 Board Member THIESSEN questioned alternatives and Mr. Davis said they will not wait until the end this time to look for alternatives and will start making plans immediately. Marnie Boom, 4225 Vivian Street, was sworn in. She lives across the street to the north of the applicant. She is in favor of the request as the property is kept very nice and there has never been a problem with noise or anything. Aidan Ridley, 12350 W. 42nd Avenue, was sworn in. Mr. Ridley lives immediately to the west of the applicant. He and his wife would like to see this permit approved because they are good neighbors and take care of the property. Michael Phillips, the applicant's ward, 12310 W. 42nd Avenue, was sworn in. He asked that this permit be approved because as a 16 year-old senior high student he is under a good amount of stress, and having to move at this time would create more. He will be leaving for college in August, so the permit will be only until he graduates from high school. Board Member HQWARD wanted to know if this is not granted, why • would he have to move, and Mr. Phillips said that Mr. Davis helps out financially and helps with the upkeep of the house. If Mr. Davis has to move, they cannot afford to stay in the house and will be forced to move as well. Board Member ECHELMEYER was.confused and Mr. Davis stated he owns and lives in the trailer, and he and Ms. Gunn are co-owners of the house which she and Michael live in. Mr. Davis further explained the living situation and added he and Ms. Gunn are not married. The trailer (RV) will be put on the market for sale late spring and he will look for another residence. No further questions were asked. Motion was. made by Board Member ABBOTT that Case No. TUP-97-11, an application by Janet Gunn, be APPROVED for the following reasons: 1. The applicant has demonstrated that a personal and temporary hardship exists. 2. The lot is oversized and backs on to Clear Creek open space. 3. The RV is a 1995 model and kept in near new condition. 4. Fire separation from adjacent structures is adequate. 5. Two adjacent property owners testified in favor of the request. • WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: December 11, 1997 Page 7 • WITH THE FOLLOWING CONDITIONS: 1. The fifth-wheel trailer must meet all state and federal inspection standards: 2. Any power source must be approved by the Wheat Ridge Building Department with the intent being the safety of the power loop. 3. The trailer must remain immobile at its present location and shall not be moved in or out during this Temporary Use Permit period. 4. The wheels of the trailer shall not be removed. 5. Proof shall be provided to the City that the trailer is hooked into the district's sewage system or adequate septic tank. 6. This Temporary Use Permit shall extend from December 11, 1997 through September 1, 1998. Motion was seconded by Board Member JUNKER. • Board Member MAURO stated she-feels positive about this request because it has been going on for a year plus, and the continuation will be only for a short time. However, the previous permit expired three months ago and confusion could have been handled by a phone call. She would like a date stipulated as to when the trailer will be removed so there is no gray area. It was noted if-- the trailer is unoccupied and stored properly, there will be no code violation. Discussion followed. Ms. Ellis stated she will -- inspect the property for occupancy the day after the permit expires. Board Member HOWARD feels the procedure was stated very clear at the previous meeting and the applicants knew they had one year to re-apply. Motion carried 6-2, with Board Members HOWARD and ECHELMEYER voting no: Resolution attached. 5. CLOSE THE PUBLIC HEARING 6. OLD BUSINESS A. Discussion of continuation of cases. ~,n ~;-~Pra.tion Of CB.4P Nn- WA-97-2R ._ _ .. .. Motion was made by Board Member THIESSEN, seconded by Board Member ABBOTT, to reconsider this case with new information • WHEAT RIDGE BOARD OF ADJUSTMENT MINIITES OF MEETING: December 11, 1997 no. B, Racnnc;Aarafinn of ("a cP Nn WA-97-?9 - Motion was made by Board Member THIESSEN, seconded by Board Member ECHELMEYER, to not reconsider this case due to lack of any new information. Motion carried 8-0. 7. NEW BUSINESS -Page 8 provided. Motion carried 7-1, with Board Member HOWARD voting Mr. White said there needs to be discussion regarding when resolutions actually take effect. • He discussed the resolution regarding Chesrown and asked for the effective date to be tonight. This will not change the action of the Board, it just starts the new clock ticking, however Board Member ECHELMEYER argued that Chesrown knew their answer the night of the meeting. Board Member THIESSEN voiced being upset about the procedure, and Mr. White said he is only relating to them a request from the city attorney. The negative outcome is the city has not provided-them with notice of final determination (mailed them the resolution). Thirty days have past since the case was heard and they did not get that 30-day window to exhaust their remedies. Discussion followed. ' Motion was made by Board Member ABBOTT, seconded by Board Member JUNKER, that the effective date for-Case_NO. TUP-97-8 will be December 11, 1997,_for the following reason: 1. At the request of the city attorney. Motion carried 7-1, with Board Member THIESSEN voting no_ B. Approval of Minutes: October 23, 1997 Motion was made by Board Member HOWARD, seconded by Board Member ECHELMEYER, to approve the minutes of October 23, 1997. Motion carried 8-0. C. (1). Time limits discussed. - (2). Board Member ECHELMEYER voiced his dislike for changing procedures during the meeting. D. Election of Officers: Linda Mauro - Chairman Tom Abbott - Vice Chairman • WHEAT RIDGE BOARD OF ADJUSTMENT . MINUTES OF MEETING: December 11, 1997 Page 9 E. Board Member THIESSEN was concerned with the suggested motions and she thinks the board should stick to its own criteria for decisions. Mr. McCartney explained that staff comments are based only on professional experience and are not aimed towards a decision. Mr. White said it was only meant to guide the board. Board Member ABBOTT likes the format because it might help some members in making motions. He feels instead of in put in staff reports, perhaps they could be used as a synopsis of criteria. 8. ADJOURNMENT Motion was made by Board Member JUNKER, seconded by Board Member ABBOTT, to adjourn the meeting. Meeting adjourned at 10:00 P.M. `Q~ 6 C`~c~~.ct Mary L u hapla, Secretary Date approved: •