Loading...
HomeMy WebLinkAbout04/26/2007 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting April 26, 2007 1. CALL THE MEETING TO ORDER The regular meeting of the Whet Ridge Board of Adjustment was called to order by Chair BLAIR at 7:00 p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Meredith Reckert introduced and welcomed Betty Jo Page and Alan Bucknam as new members of the Board of Adjustment. 2. ROLL CALL Board Members Present: Tom Abbott Janet Bell Bob Blair Alan Bucknam Paul Hovland Bob Howard Larry Linker Betty J 0 Page Staff Members Present: Meredith Reckert, Senior Planner Ann Lazzeri, Secretary 3. PUBLIC FORUM No one wished to address the Board at this time. 4. PUBLIC HEARINGS A. Case No. W A-06-21: An application filed by Alan Wiedmaier for approval of a variance to Section 26-501.D.I (parking Lot Paving) for property zoned Industrial and located at 11990 West 52nd Avenue 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 case. She reviewed the staff report and digital presentation. This case is an appeal from a two-part request relating to parking lot paving and landscaping. At the January 25,2007 meeting, the request for a landscaping variance was approved and the paving request was denied. New evidence has been submitted by the applicant for this hearing. Staff recommended approval for reasons outlined in the staff report. If the case is approved, a design for a swale on the adjacent property to accommodate runoff from the existing site will be required as Board of Adjustment Minutes April 26, 2007 -I. recommended by the consulting engineer and reviewed by the Department of Public Works. Board Member BELL asked ifthe subject property and the adjacent property were under the same ownership. Ms. Reckert stated that the adjacent property is under a different ownership and therefore the applicant and his engineer would have to work with that owner to obtain an easement. In response to questions from Board Member HOWARD, Ms. Reckert explained that the property was zoned industrial when the structures were built. Although the zoning was industrial, the structure was used as residential. There is now a glass business in the building. She also explained that drainage from this property goes into the Columbine Basin flowing from northwest to southeast. Alan Wiedmaier Andrew Marner, Alliance Consulting Engineers and Surveyors Mr. Wiedmaier, the applicant, and Mr. Marner, engineer for the applicant, were sworn in by chair BLAIR. Mr. Marner stated that he is a registered professional engineer with the State of Colorado In response to a question from Board Member ABBOTT, Mr. Marner stated that a swale approximately ten feet wide and three inches deep would adequately carry drainage from the applicant's property across the adjacent property in a 100-year flood event. In response to a question from Board Member LINKER, Mr. Marner stated that there is about a 2% grade across the properties. Board Member BELL stated that she was in favor of the gravel drive because it allows some water to infiltrate into the soil. She asked if there had been any consideration given to redirecting runoff in order to use the water for landscaping. Mr, Marner replied that the small scale ofthe site precludes using runofffor landscaping irrigation. Mr. Wiedmaier stated that there is a cistern behind the house and most of the water from driveway drains into it. The water then filters out from the cistern into the ground. In response to a question from Board Member HOWARD, Meredith Reckert stated that the gravel portion ofthe driveway contains an adequate amount of gravel. Board Member ABBOTT asked why it is necessary for the swale to be on the neighbor's property. Mr. Marner explained that it is necessary to have a swale to safely pass run-off water from the applicant's property across the neighbor's Board of Adjustment Minutes April 26, 2007 -2. property. The water would flow diagonally across the property to the southeast and would be shallow and slow. Chair BLAIR asked if anyone else wished to address this matter. There was no response. 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, Board of Adjustment Case No. W A-06-21 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 be, and hereby is, APPROVED. For the following reasons: 1. There will be no negative impact on the character ofthe area. 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 and air to adjacent properties and would not increase the change of fire or endanger the public safety. 4. In accordance with the goals and policies of the Northwest Area Sub- area Plan, there could be a long-term negative impact on the neighborhood due to investment in this property discouraging redevelopment. 5. Given the current use, there is no apparent public benefit in increasing the areas of impervious paving on this property. Installation offurther impervious surface paving would increase the need for channelization of storm runoff and storm runoff retention on the property. Therefore, installation of further impervious surface paving would aggravate storm runoff problem from this small property. Board of Adjustment Minutes April 26, 2007 -3- 6. Currently, a significant amount of water runoff from the concrete driveway is channeled into a cistern thus causing some significant mitigation of the storm runoff potential. With the following condition: 1. Applicant will have built channelization for storm water runoff as designed and located by a professional registered engineer and as approved as to both by the Wheat Ridge Director of Public Works so as not to increase the negative effects ofthe historic runoff pattern. The motion carried 7-1 with Board Member HOWARD voting no. 5. CLOSE THE PUBLIC HEARING There were no other cases to be heard by the Board at this time. Chair BLAIR closed the public hearing portion of the meeting. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Approval of Minutes - March 22, 2007 Board Member ABBOTT offered the following amendments to minutes of March 22,2007: On page one, the first sentence of the last paragraph should be amended to add the word "only" in order to read: "Board Member ABBOTT commented that the only unique thing about the subject sign is that it would indicate where and at what time the Rotary Club meets." On page two, the first sentence of the third paragraph should be replaced with the following sentence: "Board Member ABBOTT asked Mr. Pettit what, other than permission from the City as the property owner, was unique about this situation to allow more than one sign per organization." It was moved by Board Member PAGE and seconded by Board Member HOVLAND to approve the minutes of March 22, 2007 as amended by Board Member ABBOTT. The motion passed 6-0 with Board Members PAGE and BUCKNAM abstaining. Board Member ABBOTT asked if any action had been taken by the Rotary Club regarding the condition placed on the motion that stated: "The Rotary Club will approach City Council to consider modifying this Board of Adjustment Minutes April 26, 2007 -4- ordinance toward the benefit of all other organizations affected by this ordinance. " Meredith Reckert recommended that, since the city is in the process of making changes to the sign code, the Rotary Club should submit a letter to City Council. Board Member ABBOTT agreed, as maker ofthe motion, that a letter to City Council would be sufficient. 8. ADJOURNMENT The meeting was adjourned at 8:04 p.m. f Robert Blair, Chair Board of Adjustment Minutes April 26, 2007 - 5 -