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HomeMy WebLinkAbout01/24/2008 ,,~,~ _ r City of p Wheat R:!9ge ORIGINAL BOARD OF ADJUSTMENT Minutes of Meeting January 24, 2008 1. CALL THE MEETING TO ORDER The regular meeting ofthe Wheat Ridge Board of Adjustment was called to order by Chair BLAIR at 7:03 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: Tom Abbott Janet Bell Bob Blair Alan Bucknam Betty Jo Page Board Members Absent: Larry Linker Paul Hovland Bob Howard Staff Members Present: Meredith Reckert, Senior Planner Adam Tietz, Planner I Ann Lazzeri, Recording Secretary 3. PUBLIC FORUM No one wished to address the Board at this time. 4. PUBLIC HEARINGS A. Case No. W A-07-20: An application filed by Phil Benallo for approval of (A) a 10-foot rear yard setback variance from the 30-foot rear yard setback requirement when adjacent to a public street resulting in a 20-foot rear yard setback (39th Avenue); (B) an II-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 19-foot front yard setback (39th Place); and (C) a IS-foot side yard setback variance from the 30-foot rear yard setback requirement when adjacent to a public street resulting in a IS-foot side yard setback (Ingalls Street); and located at 6088 West 39th Place. This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the Board of Adjustment Minutes January 24, 2008 -1- case. She reviewed the staff report and digital presentation. The applicant is requesting approval of a three-fold variance request in order to construct an addition to the existing single family home on the property. Staff concluded that there are unique circumstances due to the property having three street frontages, however the extent of the requests is excessive. There are alternatives such as reducing the size ofthe addition lessening the need for a variance on at least one side. For these reasons, staff gave a recommendation of denial for variances on three sides but would support variances on two sides with conditions as set forth in the staff report. She entered a letter into the record from S. A. Burson, 7311 Braun Way, Arvada, Colorado expressing opposition to a variance being allowed on all three sides ofthe property. This letter was the same as the one originally submitted to the Community Development Director with a change in date to January 22, 2008. Board Member ABBOTT asked why Community Development Director had declined to approve the case. Ms. Reckert explained the Director thought it would be best for the case to be heard before the Board due to a letter of opposition which was received from a citizen. Board Member BELL commented that the proposed building would be within the 40% lot coverage. Chair BLAIR asked to hear from the applicant and members of the public. Phillip Benallo 6088 West 39th Avenue Mr. Benallo, the applicant, was sworn in by Chair BLAIR. He stated that without all three variances, the house would look out of proportion and would also affect the value. He stated that he would remove all the outbuildings and would not be removing any trees. When the garage is built and outbuildings are removed, there would be no vehicles parked outside the house. He plans to install matching brick wainscoting around the house and incorporate the design to blend in with the existing house. Board Member ABBOTT asked why the garage has to be so long. Mr. Benallo replied that the garage would accommodate a motor home, a boat and his vehicles. There would be a storage room above the garage. Board Member PAGE expressed concern that the garage is so large that it could accommodate a business. Mr. Benallo assured the Board that no business will operate out of the garage and that it would simply accommodate his cars, motor home and boat. Board of Adjustment Minutes January 24, 2008 -2- Board Member BELL commented that removal of the present RV parking would provide for more yard space making the property more attractive. Jason Hart 6050 West 39th Avenue Mr. Hart was sworn in by Chair BLAIR. He expressed his support for all three variances. He stated that he has lived at this address since 1998 and Mr. Benallo's plan is the first improvement he has seen in the neighborhood. The proposed improvement will eliminate parking the boat outside and therefore improve Mr. Hart's property value as well. Emmett James 6060 West 39th Place Mr. James was sworn in by Chair BLAIR. He has lived in the neighborhood for thirty-one years. He spoke in support of the application and stated that the addition to the house would be an improvement to the neighborhood. Tony Thiemen 12000 Pecos Street, Westminster Ms. Thiemen was sworn in by Chair BLAIR. She spoke in support of the application. She stated that she is a ReMax realtor and a cousin of the applicant. She has been involved with the applicant in making plans for the property. She was confident that the addition, and the meticulous manner in which the applicant talces care of his property, would improve the appearance of the neighborhood. Betty James 6060 West 39th Place Ms. James indicated from the audience that she was in favor of the application. Larry Douglas 10413 Owens Circle, Westminster Mr. Douglas was sworn in by Chair BLAIR. He spoke in support of the application. He stated that he is a friend of the applicant and has been involved in the planning over the past three years to construct an addition that would blend in with the neighborhood. The applicant's grandfather built the house and the applicant has lived in the house for eighteen years and plans to continue living in the neighborhood. There were no other individuals to address the Board at this time. In response to a question from Board Member ABBOTT, Ms. Reclcert stated that the city had not adopted a Dark Skies ordinance. Board of Adjustment Minutes January 24, 2008 - 3- Board Member BELL indicated her support of the request. What the applicant is proposing would be an improvement to existing conditions in the neighborhood. It would also have better sight clearance than the property to the north. Board Member BLAIR commented that he knows of no other situation in the city that compares to the applicant's property. Board Member BUCKNAM commented that it is favorable that the house is being remodeled to remain a single family structure. In response to a question from Board Member PAGE, Mr. Benallo stated that the addition will not be constructed as a second unit. Upon a motion by Board Member ABBOTT and second by Board Member BELL, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there was one protest registered against it: and 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-07-20 (A), a 10-foot rear yard setback variance from the 30-foot rear yard setback requirement when adjacent to a public street, be and hereby is approved. For the following reasons: 1. There are a considerable number of substantial encroachments in this neighborhood within one block of this property. 2. There are seven other large residential structures within one block of 6088 West 39th Place. All are in the Residential-Three zone district. 3. There is no living space above the over-height bay. 4. Staff found the first variance criterion has not been met and the Board concurs. 5. Staff found that the second variance criterion has been met and the Board concurs. 6. Staff found the third variance criterion has been met and the Board concurs. Board of Adjustment Minutes J auuary 24, 2008 -4- 7. Stafffound that the fourth variance criterion has been met and the Board concurs. 8. Staff found that the fifth variance criterion has not been met and the Board concurs. 9. Staff found that the sixth variance criterion has been met and the Board concurs. 10. Stafffound that the seventh variance criterion has been met and the Board concurs to a degree. 11. Stafffound that the eighth variance criterion is not applicable and the Board concurs. 12. Staff found that the ninth variance criterion is not applicable and the Board concurs. 13. Several neighbors testified in favor ofthe variance. With the following findings: 1. This variance is not on a lot line immediately abutting neighbors' homes. 2. This structure sits on a small parcel with two street corners resulting in three setbacks from streets. 3. There are seven large multi-family structures within one block of this parcel, therefore this is not necessarily a small single-story, single- family neighborhood. 4. Many other substantial encroachments in the setbacks within the neighborhood exist, some of a greater magnitude. 5. Design constraints were imposed. 6. Single family use is being retained on a Residential-Three zoned lot. 7. It can be argued that completion ofthis structure in this neighborhood works in several ways toward the goals of the City's Neighborhood Revitalization Strategy. 8. Lots across 39th Avenue are elevated above the site in question thus offering some mitigation to view plane encroachment caused by the variance. With the following conditions: 1. The addition will be built consistent with the applicant's Exhibits 5, 6 and 7. 2. All existing outbuildings and temporary structures will be removed prior to issuance of a Certificate of Occupancy. 3. The existing driveway on the south side of the home will be removed prior to issuance of Certificate of Occupancy. 4. A brick wainscoting three feet in height matching the original home will be provided on the 39th Street elevation to lessen incongruities and visual impacts caused by the variance. Board of Adjustment Minutes January 24,2008 - 5- 5. Any outdoor lighting attached will generally meet Dark Skies concepts in retaining lighting leaving the property to a level that will cause no annoyance to neighbors. The motion carried 5-0, with Board Members HOYLAND, HOWARD and LINKER absent. Upon a motion by Board Member ABBOTT and second by Board Member BELL, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there was one protest registered against it: and 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-07-20 (B), an ll-foot front yard setback variance from the 30-foot front yard setback requirement, be and hereby is approved. For the following reasons: 1. There are a considerable number of substantial encroachments in this neighborhood within one block of this property. 2. There are seven other large residential structures within one block of 6088 West 39th Place. All are in the Residential-Three zone district. 3. There is no living space above the over height bay. 4. Staff found the first variance criterion has not been met and the Board concurs. 5. Staff found that the second variance criterion has been met and the Board concurs. 6. Staff found the third variance criterion has been met and the Board concurs. 7. Staff found that the fourth variance criterion has been met and the Board concurs. 8. Staff found that the fifth variance criterion has not been met and the Board concurs. 9. Staff found that the sixth variance criterion has been met and the Board concurs. Board of Adjustment Minutes January 24,2008 - 6- 10. Staff found that the seventh variance criterion has been met and the Board concurs to a degree. 11. Stafffound that the eighth variance criterion is not applicable and the Board concurs. 12. Staff found that the ninth variance criterion is not applicable and the Board concurs. 13. Several neighbors testified in favor ofthe variance. With the following findings: 1. This variance is not on a lot line immediately abutting neighbors' homes. 2. This structure sits on a small parcel with two street corners resulting in three setbacks from streets. 3. There are seven large multi-family structures within one block ofthis parcel, therefore this is not necessarily a small single-story, single- family neighborhood. 4. Many other substantial encroachments in the setbacks within the neighborhood exist, some of a greater magnitude. 5. Design constraints were imposed. 6. Single family use is being retained on a Residential-Three zoned lot. 7. It can be argued that completion of this structure in this neighborhood works in several ways toward the goals of the City's Neighborhood Revitalization Strategy. 8. Lots across 39th Avenue are elevated above the site in question thus offering some mitigation to view plane encroachment caused by the variance. With the following conditions: 1. The addition will be built consistent with the applicant's Exhibits 5, 6, and 7. 2. All existing outbuildings and temporary structures will be removed prior to issuance of a Certificate of Occupancy. 3. The existing driveway on the south side of the home will be removed prior to issuance of Certificate of Occupancy. 4. A brick wainscoting three feet in height matching the original home will be provided on the 39th Street elevation to lessen incongruities and visual impacts can sed by the variance. 5. Any outdoor lighting attached will generally meet Dark Skies concepts in retaining lighting leaving the property to a level that will cause no annoyance to neighbors. 6. The driveway on the north side will be removed. Board of Adjustment Minutes January 24, 2008 -7 - The motion carried 5-0, with Board Members HOYLAND, HOWARD and LINKER absent. Upon a motion by Board Member ABBOTT and second by Board Member BUCKNAM, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the property has been posted the fifteen days required by law, and in recognition that there was one protest registered against it: and 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-07-20 (C), a IS-foot side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street, be and hereby is approved. For the following reasons: 1. There are a considerable number of substantial encroachments in this neighborhood within one block of this property. 2. There are seven other large residential structures within one block of 6088 West 39th Place. All are in the Residential-Three zone district. 3. There is no living space above the over-height bay. 4. Staff found the first variance criterion has not been met and the Board concurs. 5. Staff found that the second variance criterion has been met and the Board concurs. 6. Staff found the third variance criterion has been met and the Board concurs. 7. Staff found that the fonrth variance criterion has been met and the Board concurs. 8. Staff found that the fifth variance criterion has not been met and the Board concurs. 9. Staff found that the sixth variance criterion has been met and the Board concurs. 10. Staff found that the seventh variance criterion has been met and the Board concurs to a degree. 11. Staff found that the eighth variance criterion is not applicable and the Board concurs. Board of Adjustment Minutes January 24,2008 -8- 12. Staff found that the ninth variance criterion is not applicable and the Board concurs. 13. Several neighbors testified in favor of the variance. 14. Lowering the west wall, thus increasing the pitch of the west roof, would be more impactive than the proposed height of the encroaching wall. With the following findings: 1. This variance is not on a lot line immediately abutting neighbors' homes. 2. This structure sits on a small parcel with two street corners resulting in three setbacks from streets. 3. There are seven large multi-family structures within one block of this parcel, therefore this is not necessarily a small single-story, single- family neighborhood. 4. Many other substantial encroachments in the setbacks within the neighborhood exist, some of a greater magnitude. 5. Design constraints were imposed. 6. Single family use is being retained on a Residential-Three zoned lot. 7. It can be argued that completion of this structure in this neighborhood works in several ways toward the goals ofthe City's Neighborhood Revitalization Strategy. 8. Lots across 39th Avenue are elevated above the site in question thus offering some mitigation to view plane encroachment caused by the variance. With the following conditions: 1. The addition will be built consistent with the applicant's Exhibits 5, 6 and 7. 2. All existing outbuildings and temporary structures will be removed prior to issuance of a Certificate of Occupancy. 3. A brick wainscoting three feet in height matching the original home will be provided on the 39th Street elevation to lessen incongruities and visual impacts caused by the variance. 4. Any outdoor lighting attached will generally meet Dark Skies concepts in retaining lighting leaving the property to a level that will cause no annoyance to neighbors. 5. Upright bushes or trees, as approved by the city, will be planted along the Ingalls Street frontage to lessen incongruities and impacts caused by the variance. Board of Adjustment Minutes January 24, 2008 -9- The motion carried 5-0, with Board Members HOYLAND, HOWARD and LINKER absent. (Chair BLAIR declared a recess at 8:20 p.m. The meeting was reconvened at 8:28 p.m.) B. Case No. W A-07-24: An application filed by Karen Star for approval of a S-foot side yard setback variance from the S-foot side yard setback requirement resulting in a 0- foot side yard setback on property zoned Residential-One C and located at 3025 Eaton Street. This case was presented by Adam Tietz. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation The applicant is requesting approval of a 5- foot side yard setback variance for the purpose of replacing an existing carport. Staff recommended approval of the request with conditions outlined in the staff report. In response to a question from Board Member BLAIR, Mr. Tietz stated that staff had received no comments regarding the application. In response to a question from Board Member BELL, Mr. Tietz explained that the existing concrete wall is four inches from the property line and won't be moved. The support beam for the new carport would be abutting the inside of cement wall. In response to questions from Board Member ABBOTT, Mr. Tietz explained that the Karen Star's application requested a O-foot setback, but upon further study it is apparent that it is actually a I-foot setback. Chair BLAIR asked to hear from the applicant. Karen Stor 3025 Eaton Street Ms. Star, the applicant, was sworn in by Chair BLAIR. The existing carport is leaking into the house so she will have to remove it whether or not she can replace it. She submitted a letter into the record from neighbors in support of the application. She explained that the downspout will drain into the garden. Julian Kasprzak 3025 Eaton Street Mr. Kaspryzak was sworn in by Chair BLAIR. He stated that the replacement of the existing carport would improve the appearance of the property. A O-foot Board of Adjustment Minutes January 24, 2008 - 10- setback was originally requested because when he drew up the plans he erroneously thought the gutter would figure into the setback. Upon a motion by Board Member PAGE and second by Board Member ABBOTT following resolution was stated. Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-07-24, 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; and 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 Case No. W A-07-24 be aud hereby is APPROYED. For the following reasons: 1. The request will not alter the character of the ueighborhood. 2. The construction of the new carport will be a substantial investment in the property. 3. The proposed carport will be a substantial improvement from the existing conditions. 4. The request would not be detrimental to public welfare. 5. The variance would result in the addition haviug a minimal impact on the surrounding properties. 6. The request is consisteut with the existing couditions in the surrounding area, as a majority of the homes, sheds, and garages in the area have been constructed within the required setback areas. 7. The hardship has not been caused by the applicant. 8. The improvements will prevent further water damage to existing improvements aud the home. 9. There were no objections received for the variance during the IS-day public noticing period. With the followiug conditions: 1. The materials used and architectural detail shall be complimentary to the existing improvements and home. Board of Adjustment Minutes January 24,2008 -11- 2. The carport shall be constructed as proposed: One foot from the property line rather than having the ability to be constructed up to the property line. Board Member BELL offered a friendly amendment to add a coudition requiring that the downspout be directed so as to drain under the soil and not impact adjacent property. The amendment was accepted by Board Members PAGE and ABBOTT. The motion carried 5-0, with Board Members HOYLAND, HOWARD and LINKER absent. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion of the meeting at 9:06 p.m. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Approval of Minutes - September 26, 2007 It was moved by Board Member PAGE and seconded by Board Member BUCKNAM to approve the minutes of September 26, 2007. The motion passed unanimously. B. Meredith Reckert announced that Travis Crane has resigned effective February 13 to accept a position with the City of Raleigh, North Carolina. She invited Board members to attend a reception for Travis to be held in the second floor conference room on February 13. C. At the request of Board Member BELL, Adam Tietz presented an update on Urban Renewal plans for the 44th and Wadsworth area. D. Board Member ABBOTT suggested that the city take a look at requiring pervious surfaces. E. At the request of Board Member PAGE, Meredith Reckert gave a brief update on light rail. Board of Adjustment Minutes January 24, 2008 -12- 8. ADJOURNMENT The meeting was adjourned at 9:20 p.m. MA~~ Robert Blair, Chair Addendum: Yariance Criteria Board of Adjustment Minutes Jannary 24, 2008 a~~~~ Ann Lazzeri, Recor mg ecretary -13-