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HomeMy WebLinkAbout12/04/2002 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting December 4, 2002 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MONTOYA at 6:30 p.m. on December 4,2002, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bob Blair Paul Drda Bill Echelmeyer Paul Hovland Bob Howard Jerry Montoya Kent Young Staff Present: Meredith Reckert, Sr. Planner Travis Crane, Planner Mike Pesicka, Planning Tech Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of December 4, 2002. A set of these minutes is retained both in the office of the City Clerk and in tije Department of Planning and Development of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. TUP-02-0S (continued from October 24,2002): An application filed by Trugreen Landcare for approval of a one-year Temporary Structure Permit to allow an office trailer on property zoned Commercial-Two (C-2) and located at 8935 West 44th Avenue. Mike Pesicka informed the Board that this case could not be heard because the applicant failed to comply with posting requirements. The applicant will have one more opportunity to meet posting requirements and staff recommended that the case be continued to January 23, 2003. Board of Adjustment 12/04/02 Page 1 It was moved by Board Member HOVLAND and seconded by Board Member DRDA to continue Case No. TUP-02-0S to the January 23, 2003 meeting because the applicant failed to meet the deadline for posting. If requirements are not met at the January 23'd meeting, the case will be dismissed. The motion passed 8-0. B. Case No. W A-02-12: An application filed by Christopher Murray for approval of a 3-foot 9-inch fence height variance to the 6-foot maximum height allowed resulting in a 9-foot 9-inch high fence on property zoned Residential One B (R- IB) and located at 3739 Chase Street. The case was presented by Mike Pesicka. He reviewed the staff report and entered all pertinent documents into the record. A digital presentation was given. Staff recommended approval of the application for reasons outlined in the staff report. Christopher Murray 3739 Chase Street Mr. Murray, the applicant, was sworn in by Chair MONTOYA. He explained that, if granted the variance, he plans to build a wooden fence in front of an existing concrete wall which varies in height. The purpose of the fence would be to provide privacy to his back yard which faces the back of an apartment building. He stated he plans to use metal poles to support a fence. The proposed fence would extend six-feet in height from the top of the concrete wall of the adjacent apartment building. Board member ECHELMEYER noted that this request would be in keeping with the rest of the neighbors who have used different means such as garages and tall fences to screen their property from the apartment complex. Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-02-12 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the ftfteen days required by law; and in recognition that there were no protests registered against it; Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose ofthe regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. W A- 02-12 be, and hereby is, APPROVED. Board of Adjustment 12/04/02 Page 2 Type of Variance: Request for approval of a 3-foot 9-inch fence height variance to the 6-foot maximum height allowed resulting in a 9-foot 9-inch high fence on property zoned ResidentiallB. For the following reasons: 1. The physical surroundings and topographical conditions ofthe area have created a hardship in that the apartment structure adjacent to this property, and sharing this property line, sits with only a 6-foot setback from this affected property line thereby not offering 3739 Chase the normal relief provided by normal setbacks. The apartment structure adjacent to this property and sharing this property line sits on a lot elevated considerably from 3739 Chase. 2. The request would not alter the essential character ofthe locality. Neighbors sharing this property line on both sides of 3739 Chase have screening affected by vegetation, garages, etc. 3. The allowed fence would be wood with metal posts and would extend 6-feet above the current concrete wall providing the allowed 6-foot fence along a rear property line. The motion passed 8-0. C. Case No. W A-02-14: An application filed by Burger King for (A) approval of a 6- foot setback variance from the required 10- foot setback for a freestanding sign, resulting in a 4-foot setback; (B) a request for a 2-foot setback variance from the required 5- foot setback for a second freestanding sign resulting in a 3- foot setback; and (C) a request for a 9-foot sign height variance from the maximum allowable 15- foot sign height resulting in a 24- foot high sign for property zoned Commercial One (C-I) and located at 3800 Wadsworth Boulevard. The case was presented by Travis Crane. He reviewed the staff report and entered all pertinent documents into the record. A digital presentation was given. Staff recommended approval of the application for reasons outlined in the staff report. Since the request is located in the urban renewal area, it was reviewed by the Wheat Ridge Urban Renewal Authority. Mr. Crane distributed copies of the review made by the Authority which found that the application should have negligible impact on the urban renewal area. Staff recommended approval of all three variance requests for reasons outlined in the staff report. Concern was expressed by members of the Board about the necessity to remove trees when the sign is moved. Travis Crane reminded the Board that the applicant would still Page 3 Board of Adjustment 12/04/02 be required to have 20% landscaping. In response to a question from Board Member DRDA, Meredith Reckert stated the applicant's request would be in keeping with the Wadsworth Corridor Plan. Travis Crane also stated there is no problem with the Highway Department. Board Member ABBOTT asked about lowering the height ofthe pole sign. Travis Crane expressed concern that if the pole sign is shortened, it could cause sight distance problems. Alan Hauser Architecture One - 150 E. 29th Street #200, Loveland Mr. Hauser, architect for the applicant, was sworn in by Chair MONTOYA. The vast majority of existing landscaping would remain after the site is developed and the mature trees along 38th would remain. The only mature trees to be removed are two just behind the bus stop area because of a change in the curb configuration and two trees on the east side of the site to make way for new drive cut to the Burger King parking lot from shopping center drive. The reason for changing the sign on 38th from a tall pole sign to a monument sign is that the trees would block the pole sign. Board Member DRDA asked if it would be practical to lower the pole sign on 44th. Mr. Hauser replied that Burger King would prefer not to lower the sign. He agreed that lowering the sign would interfere with sight distance. If required to lower the sign, Burger King would probably apply for a new sign. Board Member ABBOTT stated that he finds the design of the present reader board to be objectionable and suggested it be redesigned and made smaller. Board Member YOUNG agreed with Board Member ABBOTT's concerns. Mr. Hauser stated that Burger King likes to maintain reader boards because oftheir effectiveness. If the Board does not approve the request for the 4-foot setback, Burger King will look at other alternatives for the sign. Chair MONTOYA asked ifthere were any individuals present who wished to address these applications. There was no response. Board Member ABBOTT commented that the requested variances would result in an improvement to the present situation. Travis Crane agreed. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment 12/04/02 Page 4 Whereas, Board of Adjustment Application Case No. W A-02-14(A) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the ftfteen days required by law; and in recognition that there were no protests registered against it; Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 02-14(A) be, and hereby is, APPROVED. Type of Variance: Request for approval of a 6-foot setback variance from the required 10-foot setback for a freestanding sign resulting in a 4-foot setback on Wadsworth Boulevard for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. For the following reasons: 1. The applicant has not created a self-imposed hardship. The subject sign did exist legally on the Wadsworth Boulevard frontage at the time of the issuance of the building permit. However, the sign has shifted off the subject property due to the acquisition ofright-of-way. With the following conditions: 1. The sign that currently exists be removed prior to installation ofthe new sign. 2. The logo and breakfast sign shall be the same dimensions as indicated in Exhibit 7 of the case file. 3. The reader board will be redesigned to a more complementary geometry and downsized by 50%. Board member DRDA questioned whether the applicant had created a self-imposed hardship by requesting a change in location. Chair MONTOYA commented that it was his understanding that, due to street and redesign of the area, the applicant is being required to adhere to current sign regulations. Board member ECHELMEYER expressed concern that a 50% reduction in the reader board would make it more difficult to read. Further, he did not believe it was the Board's place to redesign the applicant's sign. Board member ABBOTT disagreed in that the present reader board is greatly under-utilized. He also stated his belief that it is within the jurisdiction of the Board to incorporate into a variance approval, requirements which Board of Adjustment 12/04/02 Page 5 would lessen the impact and improve the overall outcome of the variance. Chair MONTOYA commented that the request should be considered on the basis ofthe setback only without any conditions as to the design of the sign. Mr. Hauser returned to the stand to reiterate Burger King's primary concern is to obtain the setback and maintain the height of the current Burger King logo. He asked that request A be considered on the basis of the setback issue alone and any conditions about the reader board be considered under Request C. Board Member ABBOTT amended his motion to remove the third condition from his motion. Board Member BLAIR agreed to this amendment. A vote was taken on the amended motion. The motion passed 8-0. Upon a motion by Board member HOVLAND and second by Board member DRDA, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-02-14(B) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were no protests registered against it; Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Case No. W A-02-14(B) be, and hereby is, APPROVED. Type of Variance: Request for approval of a 2-foot setback variance from the required S-foot setback for a second freestanding sign resulting in a 3-foot setback for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. For the following reasons: 1. A person having interest in the property has not created the hardship. The hardship was, in fact, created by the acquisition of right-of-way for 38th Avenue. 2. The sign existed legally and was in conformance with the Code under which it was constructed. Board of Adjustment 12/04/02 Page 6 3. Several mature trees and existing signage on adjacent properties could possibly prevent visibility of the sign, were it to comply with the S-foot setback provision and in recognition of the fact there is a reduction in height from the present sign. With the following conditions: 1. The monument sign shall be the same dimensions as indicated in "Exhibit 9" as contained in the case file. 2. The sign that currently exists be removed prior to installation of the new sign. The motion passed 8-0. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-02-14(C) is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the ftfteen days required by law; and in recognition that there were no protests registered against it; Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. W A- 02-14(C) be, and hereby is, APPROVED. Type of Variance: Request for a 9-foot sign height variance from the maximum allowable IS-foot sign height resulting in a 24-foot high sign for property zoned Commercial-One and located at 3800 Wadsworth Boulevard. For the following reasons: 1. A person having interest in the property has not created the hardship. The hardship has in fact been created by a change to the Zoning Code. 2. The sign existed legally and was in conformance with the Code under which it was constructed. 3. Several mature trees could possibly prevent visibility of the sign were it to comply with the IS-foot height limitation. Page 7 Board of Adjustment 12/04/02 4. If the current sign were lowered, it is likely that the reader board would interfere with visibility at the driveway between Burger King and Boston Market. With the following conditions: 1. That the logo and breakfast sign shall be the same dimension as contained in the case file. 2. The reader board shall be redesigned and downsized by 50% to a more complementary geometry. Board Member DRDA stated he would not support the motion because he did not believe the application supports the Comprehensive Plan, zoning or sign ordinances presently in place. Further, he was not convinced that the applicant did not impose the hardship. A vote was taken on the motion. The motion passed 7-1 with Board Member DRDA voting no. (Chair MONTOYA declared.a brief recess at 8:17 p.m. The meeting was reconvened at 8:25 p.m.) D. Case No. W A-02-1S: An application filed by James and Jeremy Frisk of Longshots Bar and Grill for approval of a complete waiver of Section 26-502 (landscape requirements) on property zoned Commercial-One (C-l) and located at 4400 Ward Road. Chair MONTOYA announced that Board Member YOUNG had approached him and explained reasons for wishing to be exempt from hearing this case. Therefore, Mr. YOUNG stepped down from the dais and did not participate in the hearing process for Case No. WA-02-15. The case was presented by Meredith Reckert. She reviewed the staff report and entered all pertinent documents into the record. A digital presentation was given. Staff concluded that the evaluation criteria did not support a total waiver of Section 26-502 of the Code of Laws. However, staff did recommend a partial waiver if conditions as outlined in the staff report were met. Since the request is located in the urban renewal area, it was reviewed by the Wheat Ridge Urban Renewal Authority. Ms. Reckeli distributed copies of the review made by the Authority which found that the application is not consistent with the existing 44th and Ward Road redevelopment plan. At the request of Chair MONTOYA, Ms. Reckert reviewed the ten goals for the 44th and Ward Road redevelopment plan. Her opinion was that it was the ninth goal (to develop projects which reflect an image of quality Board of Adjustment 12/04/02 Page 8 development through landscaping and design) that created concern for the Urban Renewal Authority. Board Member HOWARD inquired about the responsibility for maintenance of the 5- foot strip on Ward Road since it is in city right-of-way. Ms. Reckert explained that the property owner is responsible for maintenance for all landscaping in the right-of-way. Board Member ECHELMEYER commented that there is very little, if any, landscaping for adjacent businesses. Meredith Reckert stated that these businesses have been in existence for many years. James A Frisk 471 Grey Swallow Street, Brighton Mr. Frisk, the applicant, was sworn in by Chair MONTOYA. He stated that the expansion provided by the covering is necessary to stay competitive in the area. He stated his desire to improve the appearance of the location and, therefore, was not asking for a complete waiver of landscaping requirements. He did not agree with the locations oflandscaping suggested by staff. He proposed to landscape approximately 42 feet in length on the east and approximately 25-30 feet in length on the west sides of the fence. He stated he would hire a professional landscape company if necessary and if it is affordable. He would prefer to install planter boxes rather than removing asphalt. In response to a question from the Board, Mr. Frisk stated that if he were required to install 20% landscaping, he would not have adequate parking. Chair MONTOYA asked Mr. Frisk if he understood the requirement suggested by the city arborist that all landscaping must be watered and maintained. Mr. Frisk stated that he did understand this requirement. Ms. Reckert asked the Board for flexibility to work with the applicant to assist him in selecting proper planting materials. In response to a question from Board Member DRDA, Mr. Frisk stated that he would be agreeable to 3-foot by 50-foot landscaping as long as there is no need to tear up asphalt. He stated that he realized the location was an eyesore and he planned to build up his revenue and completely redo the outside of the building and install landscaping as soon as possible. He plans to have the enclosure completed within eight weeks. Board Member DRDA asked what the percentage oflandscaping would be with the partial waiver. Ms. Reckert replied that it would amount to approximately 500 square feet. In addition, the landscaping in the existing right-of-way should be enhanced. Board Member ABBOTT inquired about the timing of landscaping installation. Ms. Reckert stated that it should be done by spring. Chair MONTOYA asked to hear from individuals who wished to address this matter. Board of Adjustment 12/04/02 Page 9 Mike Woodward 6662 Xenon Drive, Arvada Mr. Woodward was sworn in by Chair MONTOYA. He owns property at 12301 West 44th Avenue which is two doors down from the applicant. He agreed with the city's concern about blight in the area but expressed frustration with his inability to get the Highway Department to cut weeds next to his rear property line. Board Member ABBOTT commented that he agreed with the compromise offered by the city to count the city's right-of-way toward the applicant's landscaping requirements. Chair MONTOYA asked staffs opinion as to whether the applicant should be allowed to install the landscaping. Ms. Reckert replied that she believed the applicants could do the work themselves as long as they followed a plan approved by the city. Upon a motion by Board Member ABBOTT and second by Board Member DRDA, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-02-1S is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were no protests registered against it; and Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. W A- 02-15 be, and hereby is, APPROVED. Type of Variance: A request for approval ofa partial waiver (variance) of Section 26-502 (landscape requirements) on property zoned Commercial-One (C-l) and located at 4400 Ward Road. For the following reasons: 1. A total waiver is inconsistent with the city's goals to improve nonconforming commercial properties in the city and staff believes there are reasonable alternatives available to enhance existing landscaping. 2. If the applicant does not agree to this compromise and the case is denied, this would result in adherence to all six components ofthe commercial landscape Page 10 Board of Adjustment 12/04/02 standards. 3. There are unique circumstances due to existing landscaping located in the right-of-way. 4. There may be benefits to the neighborhood if the existing landscaping is enhanced. With the following conditions: 1. The applicant shall have professionally installed, or as otherwise approved by staff, a SO-foot long strip of landscaping along the eastern property line with upright junipers planted at 6-foot intervals or, alternatively, areas adjacent to the patio as agreed to by staff. 2. The existing landscaping in the right-of-way shall be enhanced with the installation of one ornamental tree and fifteen shrubs. 3. The owner of 4400 Ward Road will be required to maintain in a viable condition the landscaping within the right-of-way along 44th Avenue and Ward Road. This is a trade-off to requiring the owner to create an identical square footage oflandscaping area within their own property. The motion passed 6-1 with Board Member HOWARD voting no. (Board Member YOUNG returned to the dais at this time.) E. Case No. W A-02-16: An application filed by Colin Wells for approval of a 10- foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 20-foot front yard setback for property zoned Residential-Two (R-2) and located at 6670 West 30th Avenue. The case was presented by Mike Pesicka. He reviewed the staff report and entered all pertinent documents into the record. A digital presentation was given. Staff recommended approval of the application for reasons outlined in the staff report. Colin Wells 6670 West 30th Avenue Mr. Wells, the applicant, was sworn in by Chair MONTOYA. He explained that because the property has no sidewalks there would actually be 28 feet from the proposed garage to the curb and gutter flow line. If the variance is granted, he plans to build an additional two-car garage and turn the existing single car garage into a bedroom with bath. Chair MONTOYA asked if there were individuals present who wished to address this matter. There was no response. Upon a motion by Board Member BLAIR and second by Board Member YOUNG, the following resolution was stated: Page 11 Board of Adjustment 12/04/02 Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-02-16 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were no protests registered against it; and Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. W A- 02-16 be, and hereby is, APPROVED. Type of Variance: Request for approval of a 10-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 20-foot front yard setback for property zoned Residential-Two (R-2) and located at 6670 West 30th Avenue. For the following reasons: 1. Approval of the request could potentially benefit the surrounding neighborhood. 2. There is not a viable alternative for location of the garage. 3. The request would not be detrimental to the public or injurious to other properties. 4. The request would not increase congestion in public streets. S. The adequate supply of light and air would not be compromised. 6. A distance of 28 feet will remain from the front of the garage to the curb line. 7. Staff recommended approval. With the following condition: 1. Addition shall be constructed of materials which match existing residence and remain in character with surrounding properties. The motion passed 8-0. S. CLOSE THE PUBLIC HEARING Chair MONTOYA declared the public hearing closed. Board of Adjustment 12/04/02 Page 12 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS . Board Member HOWARD expressed concern about the ordinance passed on first reading by the City Council regarding the Board of Adjustment granting variances for storage of classic automobiles. . Election of Officers - Paul Drda was elected as Chair; and Paul Hovland was elected as Vice Chair. . Minutes of October 24, 2002 - It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to approve the minutes of October 24, 2002 as presented. The motion passed 8-0. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member YOUNG to adjourn the meeting at 10:20 p.m. The motion passed 8-0. \ \ tL~. Ann Lazzeri, Secretary !...A....J Board of Adjustment Board of Adjustment 12/04/02 Page 13