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HomeMy WebLinkAbout04/24/2003 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting April 24, 2003 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DRDA at 7:33 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 Bill Echelmeyer Paul Hovland Bob Howard Larry Schulz Members Absent: Ellen Rollins Staff Present: Meredith Reckert, Sr. Planner Kathy Field, Admin. Asst. The following is the official set of Board of Adjustment minutes for the Public Hearing of April 24,2003. A set ofthese minutes is retained both in the office ofthe 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. WA-03-08: An application filed by Harold & Wilma Lamm for approval of a 3-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a 2-foot side yard setback for property zoned Residential- One C (R-IC) and located at 3710 Marshall Street. The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended denial of the application for reasons outlined in the staff report. Harold Lamm 3710 Marshall St. Mr. Lamm, the applicant, was sworn in by Chair DRDA. He stated the additional three Board of Adjustment Page 1 04/24/03 feet on the south would allow a straight drive into the garage and also prevent the necessity of having to remove two matnre trees. He stated that his neighbor to the south at 3700 Marshall has written to the City indicating he is in favor of the application. He also stated that there are about thirteen homes in his neighborhood with garages in the rear of the property. In response to a question from Board Member ABBOTT, Ms. Reckert stated the other garages in the neighborhood, while built in the rear yard, do not encroach into the required setback. In response to a question from the Board, Mr. Lamm stated that the trees would be located about 4.5 feet from the proposed location for his driveway. In response to a question from Board Member ECHELMEYER, he stated that a smaller garage would not be feasible because he would like to have a work area in his garage. Allan Jorgensen 3725 Marshall St. Mr. Jorgensen, a neighbor ofthe applicant for the past five years, was sworn in by Chair DRDA. He spoke in favor of the application. He did not believe the supply of adequate light and air would be compromised if the application were approved. He also stated the Lamm's take very good care of their property and he was confident they would build an attractive quality structnre. Ms. Reckert explained that staff is concerned about structnres built so close to the property line that they produce a "canyon like" effect. Board Member HOYLAND stated that, even though the proposed structnre would be of quality design and materials, he did not see aunique aspect to the case which would justify a variance. Board Member ABBOTT agreed with the above statement and further stated that the applicant has the option of building a smaller two-car garage which would not require a varIance. Upon a motion by Board Member ABBOTT and second by Board Member HOYLAND, the following resolntion was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-03-08 is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment 04/24/03 Page 2 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 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- 03-08 be, and hereby is, DENIED. Type ofYariance: A 3-foot side yard setback variance from the 5-foot side yard setback requirement resulting in a 2-foot side yard setback for property zoned Residential-One C (R-1C) and located at 3710 Marshall Street. For the following reasons: 1. Staff reports that it knows of no other properties in the area which have garages in the rear yard which encroach into the side yard setback. 2. The lot does not have a unique shape. It is relatively flat and rectangular in shape. There are no unique topographical conditions that exist on the property that render any portion of the lot as unbuildable. 3. Granting of the request would appear to not result in a significant contribution or benefit to the general neighborhood. 4. There are no unique circumstances attributed to this request. The building lot geometry causing the difficulty for ingress and egress would be common to all R-l Clots. 5. Although not ideal, the proposed garage structure could be reduced in dimension and therefore require no setback. A friendly amendment was offered by Board Member ECHELMEYER to add the following language to the last condition: It is recognized by the Board that this would require a slight jog in the driveway to enter and leave the garage structure. The amendment was accepted by Board Members ABBOTT and HOYLAND. A vote was taken on the motion for denial. The motion passed 7-0 with Board Member ROLLINS absent. Chair DRDA advised the applicant that his request had been denied. 5. CLOSE THE PUBLIC HEARING . Chair DRDA closed the public hearing. Page 3 Board of Adjustment 04/24/03 6. OLD BUSINESS . Meredith Reckert reported that Jerry Dahl was preparing a report for the Board and Planning Commission concerning reasons for abstention from voting. . A question/answer session was held between Meredith Reckert and the Board regarding variance criteria. 7. NEW BUSINESS A. Temporary Inoperable Yehicle Permits This matter was presented by Meredith Reckert. She reviewed the proposed ordinance which would provide a new category of temporary permits to be called temporary nonoperative vehicle permits. The name change would be consistent with the definition of junk vehicles in the nuisance code. Staff is recommending that the approval period be for one year and that it not be renewable. This provision is similar to how temporary building and use permits are handled. The proposed ordinance will be processed through public hearings in front of Planning Commission and City Council. It was moved by Board Member ABBOTT and seconded by Board Member HOWARD that staff add a phrase outlining the full intent of the ordinance, and that a provision be included for the Board to allow a one-time extension of up to one year. The motion passed 7-0 with Board Member ROLLINS absent. B. Approval of minutes - It was moved by Board Member HOWARD and seconded by Board Member BLAIR to approve the minutes of March 27, 2003 as presented. The motion passed unanimously. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member HOYLAND to adjourn the meeting at 8:55 p.m. The motion passed unanimously. r~~ ~~ Ann Lazzer!, Secretary Board of Adjustment Board of Adjustment Board of Adjustment 04/24/03 Page 4