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HomeMy WebLinkAbout01/25/2007 , . CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting January 25, 2007 ORIGINAL 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Vice Chair BLAIR at 7:05 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Meredith Reckert introduced Adam Tietz who was recently hired as Planner I in the Community Development Department 2. ROLL CALL Board Members Present: Tom Abbott Bob Blair Paul Hovland Bob Howard Larry Linker Davis Reinhart Board Members Absent: Janet Bell Paul Drda Staff Members Present: Meredith Reckert, Sr. Plauner Adam Tietz, Planner I Ann Lazzeri, Recording Secretary 3. PUBLIC FORUM There was no one present to address the Board. 4. PUBLIC HEARINGS A. Case No. WA-06-21: An application filed by Alan Wiedmaier for approval of (A) variances to Section 26-501.D.1 (Parking Lot Paving) and (B) Section 26-502 (Landscaping Requirements) for property zoned Industrial and located at 11990 West 52nd Avenue. 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 approval of the variances for reasons, and with conditions, outlined in the staff report. Board of Adjustment January 25,2007 - I - In response to a question from Board Member ABBOTT, Ms. Reckert stated that the property owner to the south and east was unable to attend the hearing but she has talked with him on the phone regarding his concerns. He did receive a copy of the staff report for this case and indicated he thought it was a fair assessment and recommendation. Alan Wiedmaier Mr. Wiedmaier, the applicant, was sworn in by Vice Chair BLAIR. He disagreed that there was a need for an engineer to analyze the drainage. He stated that in the seven years he has owned the property, he has never observed a drainage problem even with the heaviest rains. He also stated that he has had engineers look at the property in the past and all they could say was that the property sloped to the south and east sides. He agreed to staffs recommended conditions regarding landscaping requirements and parking lot striping. In response to a question from Board Member REINHART, Mr. Wiedmaier stated that he was attempting to sell the property to the person who purchased his glass business. He stated that years ago, he built a garage for a storage area connected with his residence. It is now being used as a warehouse for the glass business. Meredith confirmed that a permit was issued for the garage to be built as accessory to a residence. Board Member REINHART commented that the property was then upgraded in a manner that didn't meet either residential or industrial standards, and now he has sold the business and wants to sell the property associated with the business. Meredith Reckert stated that staff would like an engineer to look at the drainage situation to know for certain that existing improvements won't affect adjacent neighbors. Board Member LINKER expressed concern about the drainage and commented that he would also like to have an engineer take a look at the property. He commented that if the drainage isn't taken care of today it can become someone else's problem in the future. Mr. Wiedmaier then stated that he would agree to have an engineer analyze his property. Board Member ABBOTT commented that this matter revolves around the City's Northwest Subarea Plan for future redevelopment in the area. The City, therefore, wants to discourage any major investments in these properties. Meredith Reckert agreed and commented that if not for the subarea plan, staff would have recommended denial. Board Member REINHART commented that, while a certain amount of indifference to the process may be tolerated, he believed this property owner has certainly benefited by ignoring the city for a long period oftime. He expressed Board of Adjustment January 25,2007 -2 - concern about drainage issues, also. On the other hand, he didn't want to see the applicant be required to spend a huge amount of money to fix a problem. Board Member HOVLAND commented that RTD plans seem to be imminent. He agreed with Board Member REINHART that he wasn't pleased with the chronology of events on this property. However, at this point in time, considering future plans, staff recommendations seem to be a reasonable option. Board Member BLAIR agreed with Board Member HOVLAND. Board Member ABBOTT commented that he didn't think there was any chance the buildings on this property would survive the next ten years due to the projected RTD light rail station in this area. He also stated that he didn't have sympathy for the applicant because of the reasons he ended up in the situation. In reality, that property will be redeveloped in our lifetimes so the staff s recommendations make sense to follow City Council's guidelines in not putting excess investment into the present houses and businesses along 52nd Avenue. There were no other individuals present who wished to address the case. Vice Chair BLAIR closed public testimony on this case. Upon a motion by Board Member ABBOTT and second by Board Member REINHART 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-06-21(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 was concern registered by the neighbor adjacent to the east; 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-06- 21(A) (Paving Variance) be, and hereby is approved. For the following reasons: 1. There will be no negative impact on the character of the area. Board of Adjustment January 25,2007 - 3 - 2. Granting of the paving variance would not be detrimental to the public welfare. 3. Granting ofthe paving variance would not impact the adequate supply of light or air to adjacent properties and would not increase the chance of fire or endanger the public safety. 4. Not granting the variance could result in a long-term negative impact on the neighborhood due to investment in the property discouraging future redevelopment as per the city's Northwest Subarea Plan. 5. Staff recommended approval. With the following conditions: 1. The existing parking areas will be striped as laid out by staff on Exhibit 1 including the handicapped loading space with freestanding sign. This must be completed by April 30, 2007. 2. The existing shed, vehicles and all other outside materials stored in the graveled "landscaped" areas along the eastern property line and at the southern end of the property must be removed. This must be completed by March 31, 2007. 3. A professional engineer must be hired to perform an analysis of the existing conditions on the site to determine what improvements could be made on the southern end of the property, if needed, to relieve current impacts on the property to the east and south. This analysis must be completed by March 15, 2007 and the required improvements installed by May 15, 2007. Board Member Reinhart offered a friendly amendment to allow the Director of Public Works and/or the Director of Community Development discretion to extend the completion of improvements an additional 60 days. This amendment was accepted by Board Member ABBOTT. The motion failed 4 to 2 with Board Members HOWARD and LINKER voting no. (A super majority of five affirmative votes was required for approval.) Upon a motion by Board Member ABBOTT and second by Board Member REINHART the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment January 25,2007 -4- Whereas, Board of Adjustment Application Case No. W A-06-21(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; 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-06- 21(B) (Landscape Variances) be, and hereby is approved. For the following reasons: 1. There will be no negative impact on the character of the area. 2. There are unique circumstances as an existing landscape buffer is located in the 52nd Avenue right-of-way. 3. Granting of the landscape variances would not impact the adequate supply of light or air to adjacent properties and would not increase the chance of fire or endanger the public safety. 4. Variances will not be detrimental to the public welfare or injurious to other properties or improvements in the neighborhood 5. Related to the subarea plans, there could be a long term negative impact on the neighborhood due to the substantial investment in the property discouraging future redevelopment under the Northwest Subarea Plan. 6. Staff recommended approval. With the following condition: 1. The property owner will plant fifteen five-gallon sized low growing coniferous shrubs in the planter area in the front of the property. This is to be completed by March 31, 2007. The motion passed 6-0. 5. CLOSE THE PUBLIC HEARING Vice Chair BLAIR closed the public hearing. Board of Adjustment January 25,2007 - 5 - 6. OLD BUSINESS . Meredith reminded Board members that terms are ending and it is time to re- apply. . Election of officers - It was moved by Board Member HOVLAND and seconded by Board Member REINHART to hold election of officers for the Board of Adjustment at the next meeting. The motion passed 6-0. 7. NEW BUSINESS A. Approval of Minutes - December 13, 2006 It was moved by Board Member HOVLAND and seconded by Board Member ABBOTT to approve the minutes of December 13, 2006 as presented. The motion passed unanimously. 8. ADJOURNMENT ... ~~ < Ann Lazzeri, secret~ Board of Adjustment Vice Chair BLAIR adjourned the meeting at 8:30 p.m. ~ Robert Blair, Vice Chair Board of Adjustment Board of Adjustment January 25,2007 - 6 -