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HomeMy WebLinkAbout08/28/2003 rUfj!Gr'~! ,~ L ~..~. i \ /-\ CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting August 28, 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 (Don Peterson resigned from the Board of Adjustment prior to this meeting.) Members Present: Tom Abbott Bob Blair Bill Echelmeyer Paul Hovland Bob Howard Larry Schulz Members absent: Paul Drda Staff Present: Meredith Reckert, Senior Planner Mike Pesicka, Planning Technician Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of August 28, 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-03-13 (continued from Julv 24, 2003): An application filed by William Hinkley for approval of a partial waiver of Section 26-50 I (Parking Requirements) AND a partial waiver of Section 26-502 (Landscape Requirements) AND an increase to maximum lot coverage for property zoned Commercial-One (C-I) and located at 4892 Marshall Street. Meredith Reckert stated that staff was requesting a continuance of this case in order to allow the applicant one more opportunity to make revisions to site layout. This would be Board of Adjustment 08/28/03 Page 1 the third continuance for the case and staff has advised the applicant further continuances would probably not be entertained. It was moved by Board Member SCHULZ and seconded by Board Member ECHELMEYER that Case No. WA-03-13 be continued to the meeting of September 25, 2003 on the condition that the case will either be heard at that time or withdrawn. The motion passed 6-0 with Board Member DRDA absent. B. Case No. WA-03-17: An application filed by Janina Orcholski for approval ofa IO-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 20- foot front yard setback for ~roperty zoned Residential-One B (R-IB) and located at 10595 West 38 Place. This case was presented by Mike Pesicka. He entered all pertinent documents into the record which were accepted by Vice Chair HOVLAND. He advised the Board there was jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff recommended approval of the case for reasons outlined in the staff report. Board Member ECHELMEYER stated that he recalled this case was presented to the Board five or six years ago. Mr. Pesicka stated that a thorough check of records indicated that this is the first such request for this property. Vice Chair HOVLAND stated that he recalled a similar case in this neighborhood. Vice Chair HOVLAND asked to hear from the applicant. Adam Orcholski Mr. Orcholski appeared on behalf of his mother, Janina Orcholski (the applicant) because she does not speak English. He was sworn in by Vice Chair HOVLAND. Roger Weis Champion Contractors Mr. Weis, representing the contractor, was sworn in by Vice Chair HOVLAND. He stated that he had nothing to add to Mr. Pesicka's presentation. He submitted photos of sunrooms similar to the one planned to be built for Ms. Orcholski. In response to a question from Board Member ECHELMEYER, Mr. Orcholski stated that his mother has lived in the present location for the past ten years. He further stated that this is the only application for a variance that his mother has submitted to the city. In response to a question from Board Member BLAIR, Mr. Weis stated that the proposed addition would absorb the present entryway. Board of Adjustment 08/28/03 Page 2 Board Member ABBOTT asked the reason for requesting a sunroom rather than a regular room. Mr. Weis explained that the proposed addition would be a prefabricated sunroom. Board Member SCHULZ asked ifthe room would be used primarily during the summer. Mr. Weis replied that the applicant could use the room year-around because full-code electric is planned to be installed which would allow the applicant to install electric baseboard heating. In response to a question from Board Member ABBOTT, Mr. Pesicka stated that there is nothing unique to Wheat Ridge in the requirements for a sunroom addition other than that the structure would have to pass city building code inspections. Further, there will be no gable on the roof of the addition. In response to a question from Board Member HOVLAND, Mr. Weis stated the roof would be fabricated from 4-inch foam sandwiched between heavy gauge aluminum. Panels would be three feet wide with heavy duty aluminum I-beams installed every three feet. Board Member HOVLAND commented that he found it difficult to find a hardship in this case even in light of the house being located on a corner lot. Board Member BLAIR commented that there did not seem to be an alternative location for this addition and it would not be inappropriate to the neighborhood. Board Member ECHELMEYER commented that he didn't believe the addition would present a conflict for the neighborhood. There are six houses in the neighborhood with similar additions. Upon a motion by Board Member SCHULZ 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~ 17 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. Board of Adjustment 08/28/03 Page 3 Now, therefore, be it resolved that Board of Adjustment Application Case No. W A- 03-17 be, and hereby is, APPROVED. Type of Variance: A 10-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 20-foot front yard setback to allow construction of a 10-foot by IS-foot sunroom. For the following reasons: 1. There is not a viable alternative location for the sunroom. 2. The proposed sunroom will not increase congestion in public streets. 3. The adequate supply of light and air will not be compromised. 4. Approximately 62% ofthe property is used for setbacks from public right- of-way. With the following conditions: 1. The proposed sunroom shall be constructed out of materials that remain in character with surrounding properties. 2. The addition shall be limited to the dimensions shown (10' xIS'). 3. There be a foundation addition or trim to make every effort to make the addition consistent with the style of the home. Board Member SCHULZ commented that the proposed addition would improve the appearance of the home and was pleased that the addition would absorb the present entryway. The motion passed 6-0 with Board Member DRDA absent. Vice Chair HOVLAND advised the applicant that her request for variance was approved. 5. CLOSE THE PUBLIC HEARING Chair DRDA closed the public hearing. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS . Minutes of Julv 24. 2003 - It was moved by Board Member HOWARD and seconded by Board Member ECHELMEYER to approve the minutes of July 24, 2003 as presented. The motion passed unanimously. Board of Adjustment 08/28/03 Page 4 . Board Member BLAIR informed the Board that he would not be present for the September meeting. . In response to a question from Board Member HOVLAND, Ms. Reckert stated that two positions (planner and building inspector) will be eliminated from the Community Development Department in October. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member BLAIR to adjourn the meeting at 8:13 p.m. The motion passed unanimously. ~~~ Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 08/28/03 Page 5