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HomeMy WebLinkAbout03/27/2008 ~u...( ~ r City of ?WheatRLdge BOARD OF ADJUSTMENT Minutes of Meeting March 27, 2008 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Chair BLAIR at 7:00 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 Paul Hovland Bob Howard Larry Linker Betty Jo Page Staff Members Present: Ken Johnstone, Community Development Director Adam Tietz, Planner I Ann Lazzeri, Secretary 3. PUBLIC FORUM No one wished to address the Board at this time. 4. PUBLIC HEARINGS A. Case No. W A-07-23: An application filed by Mary Austin for approval ofa 7.5 foot side yard setback variance from the 15 foot side yard setback requirement on property zoned Residential-One and located at 15 Twilight Drive. 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 would like to construct a 117 -square-foot wood frame shed, 10 feet in height, on the west side of the home within the required side yard setback. Staff recommended denial for reasons outlined in the staff report. Board of Adjustment Minutes March 27, 2008 -1- Board Member ABBOTT asked ifthere had been any calls in favor ofthe application. Adam Tietz explained that the person who originally sent a letter of opposition is now in favor after meeting with the applicant and more fully understanding his plans. Milton Austin 15 Twilight Drive Mr. Austin, the applicant, was sworn in by Chair BLAIR. He distributed copies of exhibits to each Board member which were made part of the case file. He reviewed each exhibit. He stated that the proposed location is the best one for his shed. The shed would improve existing conditions on his property and would maintain the character of the neighborhood. Placing the shed in any other place would put it more in the middle of the yard and that is the reason he wanted to build the shed as close to the house as possible. Board Member ABBOTT stated that he could support a permanent addition to the house, but not a shed in this location. Mr. Austin stated that the shed would be constructed and painted to match the house. Board Member BELL asked if Mr. Austin had considered building the shed next to the house on the side with landscaping and privacy fence where he would not need a variance. Mr. Austin stated this would place the shed in front of the master bedroom window. Board Member BELL commented that a small area between a shed and a fence usually becomes an area to store things. She also asked ifhe had considered building the shed near the air conditioning unit. Mr. Austin stated that the land slopes quite a bit in that area. Board Member HOWARD suggested the applicant consider building a shed that had less width and more length. Board Member HOVLAND stated that while he could appreciate Mr. Austin's intentions to place the shed in an unobtrusive place and the fact that the neighbors were not opposed to the plan, he was concerned that it would change the character of the neighborhood. He also believed there are alternative locations that would not require a variance. He stated that he had difficulty in finding uniqueness to the situation that would warrant a variance. Board Member LINKER asked Mr. Austin ifhe had considered moving the air conditioning compressor and placing the shed in that area. Mr. Austin said that it would probably be possible but the area slopes quite a bit. There was no one from the public to address the Board at this time. Therefore, Chair BLAIR closed the public hearing. Board of Adjustment Minutes March 27, 2008 -2- Upon a motion by Board Member ABBOTT and second by Board Member PAGE, 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-07-23 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 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-07-23 be and hereby is DENIED. For the following reasons: 1. Staff finds variance criteria number one has not been met and the Board concurs. Unique to this lot is the possibility that there is no place on the lot where a shed would not be considered obtrusive to an adjacent neighbor although required setbacks could be met. 2. Staff finds that variance criteria number two has not been met and the Board concurs. 3. Staff finds that variance criteria number three has not been met and the Board concurs. In the opinion ofthe Board, investment does not rise to the level of substantial in this case. 4. Staff finds that variance criteria number four has not been met and the Board would concur in this case considering that three 30-foot required setbacks are unusual. However, the lot immediately adjacent to the shed site sits a few feet lower than the shed site itself thereby exacerbating the impact ofthe setback encroachment requested. 5. Staff finds that variance criteria number five has not been met and the Board concurs. 6. Staff finds that variance criteria number six has not been met and the Board concurs. 7. Staff finds that variance criteria number seven has not been met and the Board concurs. This situation would be generally unique to the neighborhood. 8. Staff finds that variance criteria number eight is not applicable and the Board concurs. Board of Adjustment Minutes March 27, 2008 - 3- 9. Staff finds that variance criteria number nine is not applicable and the Board concurs. The motion for denial passed 8-0. (Chair BLAIR declared a recess at 8:07 p.m. The meeting was reconvened at 8:14 p.m.) B. Case No. WA-08-01: An application filed by the City of Wheat Ridge Parks and Recreation Department for approval of (1) a 3 foot variance to the 4 foot maximum fence height requirement within a minimum 30 foot front yard setback; and (2) a I-foot variance to the 4-foot maximum foot variance to the 6-foot maximum fence height requirement behind the front setback line resulting in a 7-foot fence on property zoned Commercial One and Agricultural-Two and located at 4315 Van Gordon 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 subj ect property is currently undeveloped and will remain in this manner. The area would be used for storage oflandscape and plant materials integral to the operation of the Parks Department. Staff recommended approval with conditions as outlined in the staff report. In response to a question from Board Member ABBOTT, Mr. Tietz explained that the seven feet is being requested in order to be consistent with the other seven foot sections on the property. Board Member ABBOTT commented that seven feet would provide more security. Board Member HOVLAND asked if the variance would stay with the land if it should ever change ownership. Mr. Tietz explained that the fence would stay unless the Board placed a condition on the variance. In response to a question from Board Member BUCKNAM, Mr. Tietz explained that, for the intended use, the code requires that landscape materials be screened from adjacent properties which can be accomplished with a screened fence. Board Member BELL suggested that pine-beetle-kill lumber fencing with pickets for security be used, which would be much more attractive than chain link with screening strips. The wood fencing could be added to the existing chain link fence. She also suggested installing landscaping in front ofthe fence. In response to a question from Board Member HOWARD, Mr. Tietz stated that the subj ect property is not in the floodplain. The reason the city purchased this Board of Adjustment Minutes March 27, 2008 -4- piece of property is that the property where landscaping storage previously took place has recently been included in the floodplain. Margaret Paget City of Wheat Ridge Margaret Paget, Open Space Coordinator of the City of Wheat Ridge, was sworn in by Chair BLAIR. Board Member LINKER commented that consideration should be given to maintenance that would be required by wood fencing. In response to questions from Board Member BUCKNAM, Ms. Paget stated that the size of mulch piles, gravel, etc. would vary according to supply. Trees would be temporarily stored until such time as they could be planted. In response to a question from Board Member BELL about materials blowing around during windstorms, Ms. Paget replied that some materials are covered with tarps and the fence screening would help contain some material. Board Member LINKER commented that appearance was more important than security considering the types of materials that will be stored on the property. Board Member BELL asked Ms. Paget if she would be open to changing the type of screening for the fence. Ms. Paget stated that she wanted to do things economically, but would be willing to entertain different types of screening. The fence would have to be fireproof so it wouldn't catch fire when the ditch is burned. Board Member BELL commented that she did not believe the type of screening proposed fits with attempts to improve the aesthetic appeal ofthe city. There was no one from the public to speak. Chair BLAIR closed the public hearing. Upon a motion by Board Member PAGE and second by Board Member HOVLAND, 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-08-01, 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 Board of Adjustment Minutes March 27,2008 - 5- 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-08-01 be APPROVED. For the following reasons: 1. The requests will not alter the character of the neighborhood. 2. The requests would not be detrimental to public welfare. 3. The variances would result in the addition having a minimal impact on the surrounding properties 4. The requests are consistent with the existing conditions on the property. With the following conditions: 1. The fence must be screened with slats, mesh or other similar material that is durable. 2. The color of the screening materials shall be non-intrusive in color and reflect the character of parks and open space. Board Member BELL offered a friendly amendment that the preferred screening material be the use of pine-beetle-kill wood pickets that would provide security and would be environmentally sensitive by finding a re-use for something that has become a big problem for our state. The amendment was not accepted by Board Member PAGE. Board Member ABBOTT offered a friendly amendment to add the following reason: Security in this type of location is a legitimate concern, therefore the visual screening provided by a 7-foot fence is logical. The amendment was accepted by the Board Members PAGE and HOVLAND. Board Member ABBOTT offered another friendly amendment to add another reason: The variance, with conditions, would result in the addition having a minimal impact on surrounding properties. The amendment was accepted by the Board Members PAGE and HOVLAND. The motion passed 7-1 with Board Member BELL voting no. Board of Adjustment Minutes March 27, 2008 -6- Board Member ABBOTT suggested that the city take a look at the cost and maintenance as well as environmental issues associated with screening material attached to a chain link fence. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed public hearing. 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 BELL and seconded by Board Member BUCKNAM to approve the minutes of September 26, 2007. The motion passed 5-0 with Board Members LINKER, HOVLAND and HOWARD abstaining. B. Election of Officers Betty Jo Page was elected to serve as Chair and Alan Bucknam was elected to serve as Vice Chair. C. Introduction Adam Tietz introduced Ken Johnstone, Community Development Director. 8. ADJOURNMENT The meeting was adjourned at 9:05 p.m. !4e.~' Robert Blair, Chair /7 1,&1 UuA. (/)a~~ ~ Ann Lazzeri, Secretary Board of Adjustment Minutes March 27, 2008 -7 -