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HomeMy WebLinkAbout12/03/2003 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting December 3, 2003 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DRDA at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bob Blair Paul Drda Paul Hovland Bob Howard Members Absent: Bill Echelmeyer Staff Present: Meredith Reckert, Senior Planner Travis Crane, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of December 3, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM No one indicated a desire to speak at this time. 4. PUBLIC HEARING A. Case No. W A-03-21: An application submitted by Jeff Petty for approval of a 24.9 square foot variance from the 12,500 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential- Two and located at 4695 Wadsworth Boulevard. This case was presented by Travis Crane. He advised the Board there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. Mr. Crane distributed the following to Board Members: Exhibit A (sketch addendum of the building layout), Exhibit B (Deed from CDOT) and Exhibit C (letter of opposition from Madison C. and Anne E. Todd at 7630 West 47'h Avenue). Board of Adjustment 12/03/03 Page 1 Jeff Petty 24060 West Highway 40, Golden, CO Mr. Petty, the applicant, was sworn in by Chair DRDA. He stated that, in addition to information contained in the staff report, it should be noted that there is an existing R - 3 property directly adjacent to his property to the south and is being used as a 3-family dwelling; and the building does have ground level access which would make it handicapped accessible. He stated that when he purchased the property three years ago, he was not aware that CDOT had purchased part of the property as right-of-way. Based upon the city's estimate that the property was 11,900 square feet in size, he purchased 602 square feet back from CDOT which he thought would bring the size of the lot to over the required 12,500 feet. However, he learned the 11,900 square feet was an estimate and an actual survey revealed that there is still 24.9 square feet (or three inches of the entire length of the eastern property line) short of the required square footage. He approached CDOT to purchase additional property but was informed they would not sell additional property at this time. He stated that he could have purchased additional property from CDOT if he had realized that the 11,900 figure was incorrect. In response to a question from Board Member HOWARD, Mr. Petty explained that the first floor has two entrances (one entrance to a one-bedroom unit and the other to a two- bedroom unit which has access to the basement). One unit has an entrance from Wadsworth and the other has an entrance from the driveway (47th). There is a second- story unit that is inaccessible from the inside of the house and contains two bedrooms, bathroom, living room and kitchen. He stated he has never added kitchens or bathrooms to the structure. He plans to have a single-family unit on the entire first floor and a single-family unit, which has a separate outside entrance, on the second floor. Chair DRDA asked to hear from members of the public who wished to address the matter. Patricia Fisher 7609 West 47th Avenue Ms. Fisher was sworn in by Chair DRDA. She expressed opposition to the application. She expressed concern that more than two units would be rented out if the variance is approved. She stated there was more than square footage at issue in that the property doesn't meet setback, landscape or parking requirements. She expressed concern about decreased property values in the area if the property is rented out as a duplex. She submitted a copy of the city's traffic study, dated July 29, 2002, into the record. Board Member ABBOTT commented that the only issue the Board can address is whether the property can accommodate a duplex and asked staff to address the issues of parking, number of people living in the dwelling, etc. Travis Crane replied that Board Member ABBOTT was correct that the Board's decision should be based upon the square footage issue and whether or not the property could Page 2 Board of Adjustment 12/03/03 support a duplex. The other issues, such as cars parking on the lawn, should not be a part of that consideration. If parking or other infractions occur, code enforcement would address those issues. He also noted that the Board has the flexibility to require certain conditions of approval such as delineating parking areas from landscaped areas. Richard Barrett 4701 Wadsworth Mr. Barrett was sworn in by Chair DRDA. He lives across the street from the subject property and expressed his opposition to the application. He stated the only driveway on the property was from Wadsworth and another driveway was created by cars driving and parking on the lawn. He stated that it is dangerous for drivers to back out of this property onto 47th. In response to a question from Board Member ABBOTT, Travis Crane stated that he did not know how many neighborhood complaints have been made to code enforcement regarding this property. Joann Fisher 7645 West 47th Avenue Ms. Fisher was sworn in by Chair DRDA. She spoke in opposition to the application. She asked the Board to consider the impact on the neighborhood if a duplex is allowed. She stated that she has reported the tenants of this property several times regarding tenants' cars racing down the street and the parking situation. She expressed concern about increased traffic if a duplex is allowed. In response to a question from Board Member BLAIR, Ms. Fisher stated that prior to Mr. Petty's purchase, the house had always been used as a single-family residence. Ms. Fisher entered into the record a letter of opposition from John J. Reczek, 7775 West 47th Avenue. Jeff Petty returned to the podium to state that there is no additional unit in the basement nor does he plan to build an additional living unit in the basement. He stated that he evicted tenants after code enforcement informed him that the building could not be rented as a duplex. Cars were also removed from the property as a result of code enforcement action. He stated there is presently parking room for four cars. He is also planning to add an additional parking area next to the driveway on the west. He stated that there is a gentleman presently living in the house to do repairs and keep the house from being vandalized. He also commented that there are many other duplexes in the immediate neighborhood. He also stated that it was his understanding that the previous owner had many family members living in the house.. Board Member HOVLAND commented that the issue at hand basically concerns square footage and he would like to see parking addressed as a condition of approval. Page 3 Board of Adjustment 12/03/03 Board Member ABBOTT commented that he was sympathetic to the neighbors' concerns about parking and landscaping and would address those issues in a motion. He pointed out that these same problems could occur with a single-family house. Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND, 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-03-21 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 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- 03-21 be, and hereby is, APPROVED. Type of Variance: A 24.9 square foot variance from the 12,500 square foot minimum lot area required in the Residential-Two zone district to allow a two- family dwelling unit. For the following reasons: 1. The Board feels this variance will not substantially alter the character of the locality. The vast majority ofthe neighborhood is zoned R-2, including R-3, RC and NC directly to the south along Wadsworth. 2. The granting of this variance will not be detrimental, in itself, to the public welfare or injurious to other properties or improvements in the area. 3. The additional units will not impair the adequate supply oflight or air to adjacent properties nor should it significantly increase congestion in the public streets. 4. This request entails approximately a .2% variance. 5. The applicant has made significant effort to minimize this variance request by acquiring 602 square feet along the Wadsworth Boulevard frontage from the Colorado Department of Transportation. Applicant further testified that CDOT has declined to sell further frontage to acquire the shortage of 24.9 square feet. 6. The footprint of the current structure will not be increased in dimension as a Board of Adjustment 12103/03 Page 4 result of the variance. 7. The city traffic engineer has reviewed and approved the street access from this property to West 47th Avenue. With the following conditions: 1. The curb cut from Wadsworth Boulevard must be closed and access to the property shall be limited to West 47th Avenue. 2. The current garage door facing Wadsworth must be abandoned and permanently sealed. A new garage door accessing from the west will be allowed. 3. No parking of any kind may occur along the Wadsworth Boulevard frontage. 4. Parking areas must be clearly and permanently delineated from landscaped areas. Adequate legally designed east-to-west parking, as described by the applicant in testimony to the Board, must be created and maintained per Section 26-501(D) of the City's Code of Laws. 5. All current landscaping requirements ofthe city related to R-2 occupancies on a corner lot shall be created and maintained on this property. 6. The first 25 feet of driveway off of West 47th Avenue shall be paved pursuant to applicable sections in the City Code. Board Member HOVLAND commented that he felt the motion addressed all the issues. Single-family use for this property is not realistic and, ifleft abandoned, it could become more of a detriment to the neighborhood than having a viable duplex in the area. The motion passed unanimously. (Chair DRDA declared a brief recess at 9:10 p.m. The meeting was reconvened at 9:15 p.m.) B. Case No. W A-03-22: An application filed by Lisa Fieldman for approval of a variance to Section 26-603(A) Permitted Fence Heights for property zoned Residential-Two and located at 7125 West 32nd Avenue. The case was presented by Meredith Reckert. She explained that, after the case was published, it was discovered that the landscape buffer requirement did not apply. Therefore, the fence height variance is the only matter to be considered at this meeting. She advised the Board there was jurisdiction to hear the case. She entered all pertinent documents into the record and reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. In response to a question from Board Member ABBOTT, Meredith Reckert stated that staff determined there was no problem with sight distance triangle issues. Board of Adjustment 12/03/03 Page 5 Lisa Fieldman 7125 West 32nd Avenue Ms. Fieldman, the applicant, was sworn in by Chair DRDA. She explained that the design of the proposed fence and driveway would allow safer access onto 32nd Avenue by eliminating the necessity of backing out onto the street. The 6- foot gate section of the fence would also prevent headlights from shining into the master bedroom. She also believed the fence would provide extra security in light of the fact that she has experienced problems with prowlers during the last couple of years. She distributed copies of other fences in the area that are similar to the one she was proposing. She also stated that the aesthetic design of the fence should be an enhancement to the neighborhood. Board Member ABBOTT asked what the grade change is from street level to the front door. Bill Sroufe 1560 Thatch Circle, Castle Rock Mr. Sroufe, contractor for the applicant, was sworn in by Chair DRDA. He stated that the grade change referred to by Board Member ABBOTT is approximately 3.5 feet from the public sidewalk to the door threshold. He also explained that the fence would be constructed of concrete with a stucco finish. In response to a question from Board Member HOVLAND, Ms. Fieldman stated that she would have no problem with placing a concrete delineation between the public sidewalk and the driveway and a further delineation to prevent people from using her neighbor's curb cut to leave her property. There was no one present from the public who wished to address this application. Chair DRDA commented that there did not seem to be adequate proof of hardship in this case. Board Member ABBOTT stated that he believed the situation of backing out onto 32nd Avenue is a hardship in that it presents a danger for both the person leaving the property and other drivers on 32nd Avenue. He also commented that he would be opposed to the project ifthe fence were a solid wall, but the decorative cutouts in the fence make the substance of the wall to be within the four foot requirement. Board Member BLAIR commented that the proposed fence would not be inconsistent with other fence heights along 32nd Avenue. Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: Board of Adjustment 12/03103 Page 6 Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-03-22 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 ofthe regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. W A- 03-22 be, and hereby is, APPROVED. Type of Variance: A variance to Section 26-603(A) Permitted Fence Heights for property zoned Residential-Two and located at 7125 West 32nd Avenue. For the following reasons: 1. Upon review of the request, staff concluded that the above criteria are supportive of the fence height variance. Staff has found there are unique circumstances attributed to this request that would warrant approval of the variance. There are unique circumstances due to the grade change on the property. 2. The proposed fence will not increase congestion in the public streets nor increase any fire danger. 3. The wall, as designed, will occur approximately twelve feet back from the sidewalk. 4. The grade change from the curb and the proposed parallel parking area and the front porch is approximately 3.5 feet with the house occurring above the sidewalk. Therefore, the proposed fence will come to approximately 2.5 feet above the level of the front porch when viewed from the street. 5. As designed, this wall should create a visual enhancement to the general neighborhood. With the following conditions: 1. The fence shall be constructed in accordance with the design and materials included in the packet and presented to the Board by the applicant. 2. A permanent separation shall occur between parallel parking, the neighbor's driveway and the sidewalk. The motion passed 4-1 with Board Member HOWARD voting no. Page 7 Board of Adjustment 12/03/03 5. CLOSE THE PUBLIC HEARING Chair DRDA closed the public hearing. 6. OLD BUSINESS A. Accessory Structures - In reply to a question from Chair DRDA, Meredith Reckert reviewed the changes contained in the ordinance as they pertained to accessory structures in residential zone districts. 7. NEW BUSINESS A. Election of Officers Bob Blair was elected Chair and Paul Drda was elected Vice Chair of the Board effective at the January Board meeting. B. Approval of Minutes It was moved by Board Member HOWARD and seconded by Board Member BLAIR to approve the minutes of October 23, 2003 as presented. The motion passed unanimously. 8. ADJOURNMENT It was moved by Board Member BLAIR and seconded by Board Member HOWARD to adjourn the meeting at 10:20 p.m. The motion passed unanimously. jj(~7 . AUL DRDA, Chair Board of Adjustment ~~ . AnnLaueri,Secre~ Board of Adjustment Page 8 Board of Adjustment 12/03/03