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HomeMy WebLinkAbout06/28/2007 UKltjlNAl CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting June 28, 2007 (A 6:00 p.m. dinner study session was held prior to the regular meeting in the lobby conference room.) 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 ofthe 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 J 0 Page Staff Members Present: Meredith Reckert, Senior Planner 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-07-06: An application filed by William Andrews for approval of a 9- foot side yard setback variance from the 10- foot side yard setback requirement resulting in a I-foot side yard setback on property zoned Residential-Three (R-3) and located at 2836 Chase Street. The 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 requested approval of the variance in order to replace an existing unstable garage. Staff recommended approval for reasons outlined in the staff report. Board of Adjustment Minutes June 28, 2007 -1- William Dempsey Andrews 2836 Chase Street Mr. Andrews, the applicant, was sworn in by Chair BLAIR. He stated that he purchased the subject property five years ago and has made substantial iroprovements to the property because he and his wife plan to stay in Wheat Ridge. The existing garage is not safe enough to use for parking a car and he would like to replace it with a two-car garage. A survey disclosed that the fence between his property and the adjacent property to the south where the garage would be located is one foot onto his property. The garage would be detached but the roof line would be tied into the roof line of the covered deck. Proper drainage would be installed between the two roof lines. It would be necessary to remove two sumac trees in order to build the garage, however the large maple tree would stay. Board Member ABBOTT complimented Mr. Andrews on the improvements he has made to his property which fit in with the goals ofthe Neighborhood Revitalization Strategy. He asked the applicant if the garage would have a door to allow access from the deck. Mr. Andrews replied that there would be a door from the deck as well as one in the back of the garage. Board Member LINKER asked ifMr. Andrews had surveyed his neighbors about his plans. Mr. Andrews replied that his neighbor to the south has expressed his support. Board Member HOWARD asked if there were flooding problems on Mr. Andrews' property. Mr. Andrews explained that he had taken mitigation measures to prevent flooding. He also explained that the driveway would be designed with a gutter to carry water away from his neighbor's house. Board Member BELL asked Mr. Andrews ifhe had given thought to directing drainage to provide water for landscaping. Mr. Andrews replied that he has placed cobble and mulch so that when water comes from the back yard, it percolates into his landscaping. In response to a question from Board Member BLAIR, Mr. Tietz stated that staff has not received any comments from the neighbors concerning this application. In response to a question from Board Member HOVLAND, Mr. Andrews stated that the garage would have a gabled roof. He also stated that the garage would be built to be in compliance with city code. 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 Board of Adjustment Minutes June 28, 2007 -2- Whereas, Board of Adjustment Application Case No. W A-07-06 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 Application Case No. W A-07-06 be, and hereby is, APPROVED. For the following reasons: 1. Compliance with the 10-foot side setback requirement would all but virtually cut off access to the main home. 2. Alternate placement of the garage would eliminate and require a significant demolition of improvements already done on the property by the owner which greatly enhance the property. 3. The request is consistent with the existing conditions in the surrounding area as a majority of the homes, sheds and garages in the area have been constructed within the required setback areas to the degree that building to the required setback requirements would run counter to the essential character ofthe neighborhood. The homes to the north, south and east all have garages that are within one foot of their property lines. Additionally, the applicant's home is 1.5 feet from the northern property line and the existing garage is also within the required setback area. 4. The hardship has not been caused by the applicant. 5. The garage being constructed is to replace an unsafe structure that has become unusable to this extent. 6. Granting of this variance appears to further the objectives of the Neighborhood Revitalization Strategy. 7. The applicant is proposing a substantial investment in the property that will result in a positive outcome to the character ofthe neighborhood. The investment will not be possible without the granting of a variance. Even if the applicant were to replace the garage in the same location as the existing garage, a variance would need to be granted for its construction. The new garage will enhance the many improvements already done on and throughout this entire property. 8. Modern standards require a two-car garage as minimal for a single family home. Board of Adjustment Minutes June 28, 2007 -3- - - 9. Rationale for the variance resonates positively with six of the nine criteria. 10. Staff recommended approval. With the following conditions: 1. The garage must be constructed in a manner which is complimentary to the existing home including a similar roof pitch, materials and architectural style. 2. No window opening may occur on the wall adjacent to the property to the south as a precaution against the spread of fire. The motion passed 8-0. Chair BLAIR advised the applicant that his request for variance was granted. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing at 7:41 p.m. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS . Approval of Minutes - April 26. 2007 It was moved by Board Member BELL and seconded by Board Member HOVLAND to approve the minutes of April 26, 2007 as presented. The motion passed unanimously. . Meredith Reckert announced that John Schumacher has been hired for the building official position in the Community Development Department effective July 9, 2007. . Meredith Reckert announced that Alan White has resigned as Director of Community Development to take a position with the City of Englewood. His resignation is effective July 20th. 8. ADJOURNMENT The meeting was adjourned at 7:45 p.m. "- 4 ~ 5~uc- Robert Blair, Chair Board of Adjustment a~ . Ann Lazzeri, sec~ Board of Adjustment Board of Adjustment Minutes June 28, 2007 -4-