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CITY OF WHEAT RIDGE PLANNING COMMISSION
Minutes of Meeting
July 19,2001
ORIGINAL
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair McNAMEE at 7:30 p.m., July 19,2001, in the City
Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
2.
ROLLCALL
Commission Members Present:
Anne Brinkman
Jerry Collins
Paulette Cooper
Marian McNamee
Nancy Snow
Paula Weisz
Commission Members Absent:
Janice Thompson (excused)
Mark Miller
Staff Members Present:
Alan White, Planning Director
Ann Lazzeri, Secretary
3. PLEDGE OF ALLEGIANCE
The following is the official set of Planning Commission minutes for the public hearing of July 19,
200 l. 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.
4. APPROVE ORDER OF AGENDA
Commissioner BRINKMAN requested an addition to the agenda under New Business to
discuss the TCBY property on Wadsworth. It was moved by Commissioner SNOW and
seconded by Commissioner COLLINS to amend the agenda to include discussion ofthe
TCBY property on Wadsworth. The motion passed 6-0 with Commissioners
THOMPSON and MILLER absent.
5. APPROVE MINUTES
Commissioner BRINKMAN requested an amendment to page four, paragraph 2 to reflect that
Commissioner WEISZ, rather than Commissioner BRINKMAN, seconded the motion.
Commissioner SNOW requested that future minutes reflect whether or not absences are
excused. It was moved by Commissioner BRINKMAN and seconded by Commissioner
WEISZ to approve the minutes of July 5, 2001 as amended. The motion passed 4-0 with
Commissioners SNOW and COOPER abstaining.
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July 19,2001
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6. PUBLIC FORUM
There was no one to appear before the Commission
7. PUBLIC HEARING
A. Case No. ZOA-OI-0l: (continued from July 5, 2001) - An ordinance amending
Article II of Chapter 26 of the Wheat Ridge Code of Laws concerning the addition of a
Conservation Zoning District.
Alan White reviewed the staff report comparing the public facilities and conservation zone
districts.
Commissioner BRINKMAN inquired as to the intent of the ordinance.
Alan White explained that when Chapter 26 was adopted, Council gave direction to staff to
come up with regulations for a conservation zone district. No other direction was given. Since
it is a change to Chapter 26, the Planning Commission is to review it and forward
recommendations to City Council.
It was moved by Commissioner COLLINS and seconded by Commissioner SNOW that
the ordinance amending Article II of Chapter 26 of the Wheat Ridge Code of Laws
concerning the addition of a Conservation Zoning District be recommended to City
Council for approval.
Commissioner SNOW offered a friendly amendment to item "e" under Permitted
Accessory Uses to read "benches, picnic tables, and shelters. The amendment was
accepted by Commissioner COLLINS.
Commissioner SNOW offered a friendly amendment to add item "F" under Permitted
Accessory Uses to read: f. Wildlife observation decks and platforms not to include boat
docks. The amendment was accepted by Commissioner COLLINS.
Commissioner SNOW offered a friendly amendment to item "bOO under Permitted
Accessory Uses to read: parking lots and associated driveways and drive aisles, not to
exceed fifty (50) parking spaces and, in no event closer than 3000 linear feetfrom any other
parking lot. The amendment was accepted by Commissioner COLLINS.
Commissioner BRINKMAN expressed concern that this ordinance is too limited to be applied
to private property.
The amended motion passed 6-0 with Commissioners THOMPSON and MILLER absent.
It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that
the following language be added to B. Permitted Uses: Private Property: Permitted
accessory uses for private properties governed by this subsection B must be needed for and
clearly accessory to the natural conservation purposes of this zone district and of the specific
property. Such uses shall include only: The following uses should be listed under this
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July 19,2001
Page 2
section: benches, picnic tables and shelters; and wildlife observation decks and platforms
not to include boat docks. Further, under C. Prohibited Uses: Change the language to
read: All uses not classified as Permitted or Accessory Uses by this Section are prohibited
within a Conservation District.
The motion passed 6-0 with Commissioner THOMPSON and MILLER absent.
Commissioner COOPER offered a friendly amendment to the original motion by
Commissioner COLLINS that language be added under G. Additional Requirements, (a)
as follows: within a Conservation District exceptfor noxious weeds as defined in state
statutes.
The amendment was accepted by Commissioners COLLINS and SNOW.
The amended motion passed 6-0 with Commissioners THOMPSON and MILLER absent
8. OLD BUSINESS
There was no old business to come before the Commission.
9. NEW BUSINESS
A. Discussion of Residential Setback Standards (ZOA-OI-02)
Alan White presented this matter and reviewed the staffreport of June 14,2001, regarding
changes recommended by the Wheat Ridge United Neighborhoods to revise the required
minimum side and rear yard setbacks in the residential zone districts; and to eliminate the
exceptions to setbacks in Section 26-611. It was the recommendation of staff that the
residential setbacks need to be revised to be consistent with lot sizes and lot widths and to be
consistent among the same uses in different zone districts; that the five-feet per story additional
setback should be used sparingly; and that the setback exceptions should remain.
Commissioner SNOW stated that she <,lid not believe any side yard setbacks should ever be less
than five feet.
Chair McNAMEE stated her opinion that front porches which are not enclosed should be
allowed to encroach into a setback. She expressed concern that the R -1 C zone district has
smaller lots and severe setback restrictions would make it impossible for homeowners to
expand their houses.
Commissioner BRINKMAN stated she would not have a problem with more restrictive
setbacks for new construction and less restrictive setbacks for a "pop-top" to an existing
structure.
Alan White commented that he would interpret the provision allowing an addition to be built
in-line with the existing wall to mean vertically as well as horizontally.
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July 19,2001
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In response to a question from Chair McNAMEE, Alan White explained that the proposed
setback regulations would, for example, prevent the addition of a chimney on an existing
structure if it would encroach into the setback.
Commissioner WEISZ stated that she was in agreement with the five-foot setback requirement.
Commissioner SNOW commented that citizens would still have the option to go before the
Board of Adjustment.
Commissioner COLLINS stated that he believed the current regulations were sufficient and
should not be changed. These seem to be the norm in other communities.
It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that
the planning director bring back an ordinance that provides all building setbacks to be no
less than five feet.
Louise Turner addressed the Commission to request approval of the WRUN setback guidelines
to preserve the quality of life of individuals and character of Wheat Ridge. She expressed
concern about small setbacks between tall houses as well as certain architectural features such
as porches, chimneys, etc., being allowed to encroach into setbacks. She was also concerned
about fire accessibility when there are small setbacks and no alleyways. She proposed the
following motion: "In all residential zone districts regarding side and rear yard setbacks for
single family homes and duplexes for which there is already not such a provision that there be
an additional five feet for each additional story." She further proposed that the four exceptions
listed under Section 26-611 A, be totally deleted and replaced with: "Building setbacks shall
be measured at right angles from the property line to the outermost wall or extending
architectural feature with the exception of the roof overhang which is limited to two feet. Other
encroachment into the required setback areas shall not be permitted except by variance granted
by the Board of Adjustment. Numbers one through four are hereby deleted." She suggested
that variances be limited to 1 0%. She also suggested that the Commissioners take a look at the
log of variances that have been granted. She would also like to see all variances go before the
Board of Adjustment including those currently granted administratively as well as by City
Council and Planning Commission.
Chair McNAMEE stated that limiting all variances to 10% could be detrimental in some cases
such as someone wanting to encroach into a 30-foot setback to build a front porch on their
home.
A vote was taken on the motion. The motion passed by a vote of 4-2 with Commissioners
McNAMEE and COLLINS voting no and Commissioners THOMPSON and MILLER
absent.
Chair McNAMEE expressed concern about having a five-foot setback requirement for those
large lots included in the R-IA zone district.
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It was moved by Commissioner SNOW and seconded by Commissioner WEISZ that side
yard setbacks in the R-IA zone district be changed from five feet to ten feet. The motion
passed 6-0 with Commissioners THOMPSON and MILLER absent.
There was a consensus to have staff bring back language that would differentiate between
"pop-tops" and new construction in relation to the five-foot setback requirement for each story.
There was also consensus to clarify the charts and footnotes for the R-3 and R-3A districts.
(Commissioner SNOW left the meeting at 9:05 p.m.)
B. TCBY Property at 41st and Wadsworth
Commissioner BRINKMAN inquired about the status ofthe TCBY property and asked if Open
Space funds would be used to acquire the property. Alan White explained that Open Space
funds have been applied for to acquire this piece of land which would be used to expand the
Town Center Park. Commissioner BRINKMAN expressed concern that 41st would go through
parkland property. Mr. White explained that the street would only affect a corner of the
property and other funds would be needed to acquire the piece affected by the new entrance.
10. COMMISSION REPORTS
A. Economic Development Commission - Chair McNAMEE reported that the Economic
Development Commission did not hold meetings during June or July.
11. COMMITTEE AND DEPARTMENT REPORTS
There were no committee or department reports.
12. ADJOURNMENT
It was moved by Commissioner COLLINS and seconded by Commissioner COOPER to
adjourn the meeting at 9:15 p.m.
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AN McNAMEE, Chair
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July 19,2001
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