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HomeMy WebLinkAbout01/23/2003 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting January 23, 2003 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair HOVLAND 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 Bill Echelmeyer Paul Hovland Bob Howard Jerry Montoya Members Absent: Paul Drda Kent Young Staff Present: Meredith Reckert, Sr. Planner Mike Pesicka, Planning Tech Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of January 23,2003. A set ofthese 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 There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. TUP-02-05: 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. This case was presented by Mike Pesicka. This case was continued from October 24, 2002 and December 4, 2002, because the applicant had failed to comply with posting requirements. Board of Adjustment 01/23/03 Page I Mr. Pesicka advised the Board that all posting and noticing requirements had been met and there was jurisdiction to hear the case. He entered all pertinent documents into the record and reviewed the staff report. Staff found that there were unique circumstances attributed to the request and therefore recommended approval of the request for reasons outlined in the staff report. In answer to a question from Board Member ECHELMEYER, Mr. Pesicka stated that the TUP could only be granted for one year and the applicant could not re-apply at the end of that year. Robyn Leach 10575 Ralston Road, Arvada Ms. Leach, representing the applicant, was sworn in by Vice Chair HOVLAND. She explained that the applicant has need of the trailer until such time as offices could be moved from the trailer into the building presently occupied by Pipes, Inc. The move is planned to take place this year. In response to a question from Board Member MONTOYA, Ms. Leach indicated the applicant was agreeable to the termination date for the TUP of October 24,2003. Vice Chair HOVLAND asked ifthere were any individuals present who wished to address this matter. There was no response. Board Member MONTOYA stated that he would vote in favor of the TUP because present zoning of the property already allows a trailer to be stored on the property but not to be used as an office building. Upon a motion by Board Member MONTOYA 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. TUP-02-05 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 Application Case No. TUP- 02-05 be, and hereby is, APPROVED. Page 2 Board of Adjustment 01/23/03 Type of Temporary Use Permit: One-year Temporary Structure Permit to allow an office trailer on property zoned Commercial-Two (C-2) for property located at 8935 West 44th Avenue. For the following reasons: 1. Based on staff's recommendation, approval ofthe temporary structure would not alter the essential character of the neighborhood. 2. Approval of the request would not impair the adequate supply of light and air to adjacent properties. 3. Approval of the temporary structure would not result in undue traffic congestiou or traffic hazards. With the followiug condition: 1. The temporary trailer be removed by October 24, 2003. The motion passed 6-0 with Board Members DRDA and YOUNG absent. B. Case No. WA-02-18: An application filed by Amy Coffey for approval of (A) a 5-foot side yard setback variance from the lO-foot side yard setback requirement for a two-story structure resulting in a 5- foot side yard setback and approval of (B) a 7-1/2 foot rear yard setback variance from the 10- foot rear yard setback requirement resulting in a 2-1/2 foot rear yard setback for property zoned Residential-One C (R-lC) and located at 5575 West 35th Avenue. The case was presented by Mike Pesicka. He reviewed the staff report, entered all pertinent documents into the record and advised. the Board there was jurisdiction to hear the case. Staff recommended denial of the application for reasons outlined in the staff report. Mr. Pesicka noted that a foundation has been poured for the addition planned by the applicant because she will build whether or not she receives the variance. Without the variance, the addition could be built to just under 20 feet in height. With the variance, the addition is proposed to exceed 20 feet in height. Board Member MONTOYA expressed concern about the impact of light and air to adjacent properties and structures that could be built in the future. Mr. Pesicka stated that the structure would be larger than any other structure in the neighborhood but would not block any view that hasn't already been blocked before. The nearest residence is fifty feet from the subject residence. Amy Coffey 5575 West 35th Avenue Ms. Coffey, architect and general contractor for the applicant, was sworn in by Vice Board of Adjustment 01/23/03 Page 3 Chair HOVLAND. She presented two photographs to the Board depicting summer and winter views of the property. She stated the addition was designed to integrate the roof lines and make the house look like one unit and this cannot be done attractively without the variance. Without the variance, the addition would have a flat roof and actually look larger than the proposed design with the variance. Board Member ECHELEMEYER questioned the need for an outside staircase. Ms. Coffey explained that, while the stairway wasn't absolutely necessary, the applicant would like to have the staircase for access to her home office. Molly Barden 5575 West 35th Avenue Ms. Barden, the applicant, was sworn in by Vice Chair HOVLAND. She stated that she is employed as an internal auditor for a firm based in New York and she works from home. She further stated that there would be no more than one or two individuals visiting her office each year. Meredith Reckert explained that this type of home business is allowable under the code if there is not a lot of traffic generated by the business which would have a negative effect on the neighborhood. Ms. Coffey stated that the applicant has talked with all of the neighbors and none have indicated an opposition to the application. Board Member HOWARD asked what the size of the addition would be. Ms. Coffey stated it would be the size of a garage with an office area on the second floor. She also commented that the location of the addition would save a large tree in the yard. Vice Chair HOVLAND asked if there were any individuals present who wished to address this application. There was no response. Board Member MONTOYA stated that he believed a unique hardship exists for the applicant in that she is trying to match the pitch of an existing roof line. In addition, he indicated he would also support the application because the addition would have no adverse effect on light or air to adjacent properties, it would save a large tree and the design is attractive. Board Member BLAIR indicated he would support the variance application because he believed it would enhance the appearance of the neighborhood if built according to plans presented during the meeting. Upon a motion by Board Member MONTOYA and second by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment 01/23/03 Page 4 Whereas, Board of Adjustment Application Case No. W A-02-18(A) 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 Application Case No. W A- 02-18(A) be, and hereby is, APPROVED. Type of Variance: Five-foot side yard setback variance from the ten-foot side yard setback requirement for a two-story structure resulting in a five-foot side yard setback. For the following reasons: 1. No opposition was received from the public in person or by letter. 2. The physical shape of the existing structure and pitch of the roof makes it infeasible to build the structure to match without a setback variance. 3. There will be no impairment to light and air to adjacent structures. With the following condition: 1. The addition is to be built according to the design presented during the meeting. The motion passed 5-1 with Board Member HOWARD voting no, and Board Members DRDA and YOUNG absent. Upon a motion by Board Member MONTOYA 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-02-18(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 Page 5 Board of Adjustment 01/23/03 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- 02-18(B) be, and hereby is, APPROVED. Type of Variance: Seven and one-half foot rear yard setback variance from the ten foot rear yard setback requirement resulting in a two and one-half foot rear yard setback for property zoned Residential-One C and located at 5575 West 35th Avenue. For the following reasons: 1. No opposition was received from the public in person or by letter. 2. An existing mature tree will be maintained. 3. There will be no impairment to light and air to adjacent structures. 4. There is a hardship in that the pitch of the roof makes it infeasible to build the structure to match without a setback variance. With the following condition: 1. The addition is to be built according to the design presented during the meeting. Board Member ABBOTT questioned the need for an additional 7 1/2 foot at the rear of the garage. Ms. Coffee explained that, although it would provide a little storage space, the reason for the additional space is to allow the roof line to be integrated with the existing structure. The motion passed 5-1 with Board Member HOWARD voting no, and Board Members DRDA and YOUNG absent. 5. CLOSE THE PUBLIC HEARING Vice Chair HOVLAND declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Approval of minutes - December 4, 2002 Page 6 Board of Adjustment 01/23/03 It was moved by Board Member HOWARD and seconded by Board Member BLAIR to approve the minutes of December 4, 2002 as presented. The motion passed 6-0. 8. ADJOURNMENT ~)1,~Jl PAUL HOVLAND, ice-Chair ~~ ~ Ann Lazzeri, secret~ It was moved by Board Member HOWARD and seconded by Board Member BLAIR to adjourn the meeting at 9:02 p.m. The motion passed unanimously. Board of Adjustment 01/23/03 Page 7