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HomeMy WebLinkAbout02/27/2003 OR;:II~ML CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting February 27, 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: Members Absent: Staff Present: Tom Abbott Bob Blair Bill Echelmeyer Paul Hovland Bob Howard Paul Drda Jerry Montoya Kent Young Meredith Reckert, Sr. Planner Travis Crane, Planner Mike Pesicka, Planning Tech Gina Gabriel, Planning Intern Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of February 27,2003. 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 There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. W A-03-01: An application filed by Royal Investments for (A) approval of a 23-foot front yard setback variance from the 50-foot front yard setback requirement resulting in a 27-foot front yard setback and (B) for approval of a partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial One and located at 4896 Marshall Street. Board of Adjustment 02/27/03 Page 1 This case was presented by Travis Crane. He 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 recommended approval of the requests for reasons outlined in the staff report. Steve Lubowicki 1701 Wynkoop, Denver Mr. Lubowicki, architect for the applicant, was sworn in by Vice Chair HOVLAND. He explained that the applicant wants to build an addition which would be in line with the front wall of the existing building. This would require a variance to the front yard setback requirement. The proposed addition would also be in line with the frontage of other businesses in the area. In regard to the second application, he stated the applicant planted the existing trees in the right-of-way in front of his property in an attempt to improve the appearance of his property. The trees were not required by the city and cannot be counted toward the required number of street trees as they are not on his property. He requested that in lieu of planting all of the required street trees, the applicant be allowed to increase the landscaping from the required 1,850 square feet to 2,900 square feet. This landscaping would consist of shrubbery and hardscape according to City standards. Board Member ABBOTT expressed concern about the possibility that Marshall Street could be widened at some time in the future necessitating the removal of the existing trees which were planted by the applicant in the right-of-way. This could leave the property with no street trees on Marshall. Discussion ensued regarding the right-of-way width on Marshall. Because of the configuration of the streets in this area, it is very unlikely that Marshall would be widened to the extent it would be necessary to remove the existing trees. Vice Chair HOVLAND asked ifthere were others present who wished to address this matter. There was no response. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, 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-03-01(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; Board of Adjustment 02/27/03 Page 2 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- 03-01(A) be, and hereby is, APPROVED. For the following reasons: Type of Variance: A 23-foot front yard setback variance from the 50-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Commercial-One and located at 4896 Marshall Street. 1. Approval of the request would not alter the essential character of the locality. 2. A person having interesting the property has not created the hardship. 3. The first floor ofthe structure which this addition is to be constructed against are aligned in accordance with the setback requested. The motion passed 5-0 with Board Members DRDA, MONTOYA and YOUNG absent. 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-03-01(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 Application Case No. W A- 03-01 (B) be, and hereby is, APPROVED. Type of Variance: A partial waiver of Section 26-502 (Landscape Requirements) for property zoned Commercial-One and located at 4896 Marshall Street. Board of Adjustment 02/27/03 Page 3 For the following reasons: 1. Approval of the request would not alter the essential character of the locality. 2. A person having interest in the property has not created the hardship. 3. The applicant is voluntarily adding landscaped area above code requirements as an offset to fewer street trees. 4. Eight city-owned street trees currently exist along the frontage on Marshall. These trees function to the intent of the code. The motion passed 5-0 with Board Members DRDA, MONTOYA and YOUNG absent. (Vice Chair HOVLAND declared a brief recess at 8:18 p.m. The meeting reconvened at 8:23 p.m.) B. Case No. W A-03-02: An application filed by Valerie and Mike Kashefska for approval of a 5-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a 0- foot side yard setback for property zoned Residential- One A and located at 3723 Simms Street. This case was presented by Mike Pesicka. He 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 recommended approval of the requests for reasons outlined in the staff report. Board Member HOWARD asked if there would be any roof overhang into the adjacent yard. Valerie and Mike Kashefska 3723 Simms Street Valerie and Mike Kashefska, the applicants, were sworn in by Chair HOVLAND. Mike Kashefska explained that there would be no roof overhang because Tuff Shed requires an 18-inch clearance between the fence and the structure to allow room for workers to construct the shed. He explained they wished to replace a deteriorating metal storage shed with a new one. Board Member HOWARD commented that, since the shed will be built 18 inches from the fence, a 3.5 foot variance would be required. Vice Chair HOVLAND asked if there were any present who wished to address the application. Board of Adjustment 02/27/03 Page 4 Vance Kolesar 11626 West 37th Place Mr. Kolesaar was sworn in by Vice Chair HOVLAND. He stated that his property line abuts the proposed shed. He stated that the new shed would be an improvement and indicated he was in favor of the application although he would be opposed to any part of the shed overhanging the fence. He also commented that the situation of storage sheds built next to the lot line is very common in this particular neighborhood. Board Member ECHELMEYER commented that he walked this neighborhood and found at least eight instances of storage sheds being built against or within eighteen inches of a fence. Upon a motion by Board Member BLAIR and second by Board Member ABBOTT, 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-03-02 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days reqnired 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 pnblic 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- 03-02 be, and hereby is, APPROVED. Type of Variance: A 5-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a O-foot side yard setback for property zoned Residential-One A and located at 3723 Simms Street. For the following reasons: 1. Granting the request will not alter the essential character of the locality. There seem to be a number of sheds abutting fences in that neighborhood. 2. Granting the request will mean that existing landscaping may not be removed. 3. There will be no impairment of adequate supply of light and air. 4. Granting the request will not increase congestion in public streets nor increase fire danger. Board of Adjustment 02/27/03 Page 5 5. Utility companies holding easements on the property have stated they have no objection to the project. 6. Staff recommended approval. It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to amend the motion to change the variance to a 3.5-foot setback. Board Member ABBOTT suggested a condition could be added to require that no overhang be allowed over the fence. Meredith Reckert explained that the City would not allow an overhang to exist and further, approving the variance as requested would allow the applicant some flexibility. For instance, it may be necessary to provide only 12 inches between the shed and the fence. Board Member ABBOTT commented that he preferred 0 rather than 18 inches because 18 inches allows room for storage ofjnnk and accumulation ofleaves, etc. Mike Kashefska returned to the podium to state that he preferred the variance be issued for five feet as originally requested. A vote was taken on Board Member HOWARD's motion to amend the resolution. The motion failed by a vote of2 to 3 with Board Members ABBOTT, BLAIR and ECHELMEYER voting no. The original motion passed 4-1 with Board Member HOWARD voting no, and Board Members DRDA, MONTOYA and YOUNG absent. C. Case No. W A-03-03: An application filed by James Sloan for approval of a 126 square foot variance from the 9,000 square foot minimum lot area requirement to allow a two-family dwelling on vacant land zoned Residential Three and located immediately west of 3995 Sheridan Boulevard (approximately 5250 W. 41 st Avenue). This case was presented by Mike Pesicka. He 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 recommended denial of the request for reasons outlined in the staff report. In conclusion, he entered a letter into the record which was faxed to the Planning Department the morning of the hearing. The letter was from Ann Ver Valin of 41 00 Ames Street, Mountain View expressing concerns about setbacks, parking area and Mountain View right-of-way directly north of the subject property. In answer to a question from Board Member HOVLAND, Mr. Pesicka stated that the subject property is a lot of record. Page 6 Board of Adjustment 02/27/03 Board Member ABBOTT noted that square footage of the property was based on an improvement location certificate (ILC) rather than a survey. Meredith Reckert stated that the City has allowed ILC's to be used in place of surveys in obtaining building permits and variance applications. James Sloan 4103 Sheridan Mr. Sloan, the applicant, was sworn in by Vice Chair HOVLAND. He stated that the owner, Donald L. Maher who lives in Ireland, asked him to enter a partnership to build a duplex on this land. Mr. Sloan testified that he would live in one side ofthe duplex and the other side would be occupied by Ernestine Simpson and her son. He stated that the property east of the subject property is also owned by Mr. Maher. Board Member ABBOTT commented that Mr. Maher could do a lot line adjustment and deed 126 feet to the subject property. Mike Pesicka replied that it is possible this amount of land could be deeded over with a minor subdivision plat, although it would be necessary to determine if this could be done while still meeting the density requirements for the other lot. Mr. Sloan testified that a survey completed in 1964 indicated the property is 8,874 square feet in size. Cindy Calloway 5280 West 41st Avenue Ms. Calloway was sworn in by Vice Chair HOVLAND. She owns the property behind the subject property. She stated she was neither in favor nor opposed to the application but expressed concern about setbacks, increased traffic and parking if the duplex is built. She also expressed concern that, since there is a basement planned for each unit, four families could live in the structure. Meredith Reckert assured Ms. Ca:lloway that only two families would be allowed. Duane Simpson and Ernestine Simpson 3995 Sheridan Both of these individuals were sworn in by Vice Chair HOVLAND. Duane Simpson is the son of Ernestine. Mr. Simpson testified that Mr. Maher is the godfather for his brother who is mentally disabled and is in the process of becoming a legal co-guardian. Mr. Maher plans to provide half the duplex as a home for Ms. Simpson and his brother and asked the Board to approve the application. Robert and Barb Hendrickson 3945 Sheridan Both ofthese individuals were sworn in by Vice Chair HOVLAND. Mr. Hendrickson stated that he was not opposed to a duplex being built on the property but did express concern that the variance could affect his property line. Meredith Reckert explained that Board of Adjustment 02/27/03 Page 7 the variance would not affect Mr. Hendrickson's property line in any way as only the corner of his lot is touching the property in question. In response to a question from Board Member BLAIR, Mike Pesicka explained that should the vatiance be approved access would be from West 41 st Avenue. 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. W A-03-03 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 NOT be granted without 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- 03-03 be, and hereby is, DENIED. Type of Variance: A 126 square foot variance from the 9,000 square foot minimum lot area requirement to allow a two-family dwelling on vacant land zoned Residential Three and located immediately west of3995 Sheridan Boulevard (approximately 5250 W. 41st Avenue). For the following reasons: 1. The property can still yield a reasonable return in service or income. 2. There are no significant features which render the lot unbuildable. 3. The applicant has a self-imposed hardship. 4. Related to criteria No.3, there are no significant conditions present as to warrant a variance. 5. An alternative exists by the ability ofthe common property owner to deed sufficient square footage from adjacent property. Board Member ABBOTT stated that while he had no objection to the proposed duplex which would be an enhancement to the neighborhood, there is no reason presented in the request to justify a variance. There is also a possible solution in that the extra square feet could be deeded by a minor subdivision plat from the adjacent property. Page 8 Board of Adjustment 02/27/03 Board Member HOVLAND agreed with Board Member ABBOTT that there are no significant issues present to make this property unique. A vote was taken on the motion for denial. The motion passed 5-0 with Commissioners DRDA, MONTOYA and YOUNG absent. 5. CLOSE THE PUBLIC HEARING Vice Chair HOVLAND declared the public hearing closed. 6. OLD BUSINESS . Meredith Reckert asked Board members if they wished to have a study session to consider criteria issues related to the recently adopted ordinance which addresses variances for inoperable automobiles. It was moved by Board Member BLAIR and seconded by Board Member ABBOTT to direct staff to schedule a study session for the Board of Adjustment to discuss the inoperable vehicle ordinance. The motion passed 5-0 with Board Members DRDA, MONTOYA and YOUNG absent. . Meredith Reckert introduced Larry Schulz, the newly appointed Board of Adjustment member from District IV. . Meredith Reckert introduced Gina Gabriel who volunteers in the Planning Department in order to gain experience toward becoming a planner. 7. NEW BUSINESS A. Approval of Minutes - It was moved by Board Member HOWARD and seconded by Board Member BLAIR to approve the minutes of January 23, 2003 as presented. The motion passed unanimously. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member BLAIR to adjourn the meeting at 10:00 p.m. The motion passed unanimously. ~h\tL~c~ Board of Adjustment ~~ . AL 'S~ nn azzen, ecretary Board of Adjustment Board of Adjustment 02/27/03 Page 9