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HomeMy WebLinkAbout02/23/2006 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting February 23, 2006 1. CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair Blair at 7:00 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th A venue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Janet Bell Bob Blair Bob Howard Betty J 0 Page Members Absent: Paul Drda Paul Hovland Staff Present: Meredith Reckert, Senior Planner Jeff flirt, Planning Technician Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of February 23, 2006. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one to address the Board at this time. 4. ELECTION OF CHAIR Janet Bell was elected Chair of the Board of Adjustment. At this point, Vice Chair Blair turned the gavel over to Chair Bell. 4. PUBLIC HEARING A. Case No W A-06-02: An application filed by Leigh Gauger for approval of up to 2,190 square foot variance from the 12,500 square foot minimum lot area requirement and a 25-foot variance to the 100-foot lot width requirement to allow a two family dwelling unit on property zoned Residential-Two and located at approximately 4525 Garland Street. Board of Adjustment 02-23 -06 - 1 - This case was presented by Jeff flirt. 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. Staff recommended denial of the case for reasons outlined in the staff report. In response to a question from Board Member HOWARD, Mr. flirt stated that most of the properties, including the subject property, were platted prior to the City's incorporation. He also stated that the majority of the surrounding properties on Garland have 75-foot frontages. In response to a question from Board Member ABBOTT, Mr. flirt stated that, under City Code, a two-unit dwelling of any size would not be allowed on this property without a variance. In response to a question from Board Member BELL, Mr. flirt explained that it appears most of the duplex lots in this area have lot widths of 100 feet or more. At this time, all those present who wished to address the Board were sworn in by Chair BELL. Chris Eller 6400 South Fiddlers Green Circle, Englewood Mr. Eller stated that he was working with the applicant, Lee Gauger, to build and sell two housing units on the subject property. He stated the variance request was based on twelve other duplex properties within 100 to 200 feet across the street from the Gauger property. Those twelve homes exceed the standard 40% coverage and the variance request for 4525 Garland would come in below the 40%. If approved, this variance request would add two disabled-accessible and affordable ranch homes in a community and city dominated by homes that are unfriendly to the disabled. There are 23 single family homes and about 18 duplex homes in the area so this variance would not change the balance in the neighborhood. Board Member ABBOTT commented that the neighbors immediately adjacent to the north and south did not sign the applicant's petition. Mr. Eller stated that these people never answered their doors. Leigh Gauger 4820 West Hayward Place, Denver Ms. Gauger stated that they have researched housing prices in the area to ensure that these units would be affordable. In response to a question from Board Member BELL, Ms. Gauger stated there is nothing that would require sale of the homes only to people requiring disabled access. Board of Adjustment 02-23-06 - 2 - In response to a question from Board Member ABBOTT, Mr. Eller stated these units would be priced at market price and, although there is no guarantee that these homes would not be sold to investors, the homes would have separate titles. Mr. Eller stated that their desire is to sell these homes to disabled couples or small families looking for affordable housing. He stated they would not be opposed to placing deed restrictions on the houses. Elaine Maichle 9336 S. Pepperwood Lane, Highlands Ranch Ms. Maichle stated that her mother lives across the street from the subject property. She and her sister own that property with their mother. She expressed concern that a duplex on this property would turn into rental property and affect property values and the character of the neighborhood. There would be no objection to building a single family home on the lot. She expressed further concern about the increased number of vehicles that would be generated by a duplex. She submitted into the record a letter of objection written by her sister who is part owner in the property at 4565 Garland. Della Downing 4565 Garland Street Ms. Downing lives across the street from the subject property and spoke in opposition to the variance. She expressed concern about increased traffic and parking in the neighborhood. She would have no objection to a single family home being built on the lot. 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, the property has been posted the fifteen days required by law, and in recognition that there were protests registered against it; and Whereas, Board of Adjustment Application Case No. WA-06-02 is an appeal to this Board from the decision of an administrative officer; and Whereas, the relief applied for may not 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-06-02 be, and hereby is, denied. Board of Adjustment 02-23-06 - 3 - Type of Variance: Up to a 2,190 square foot variance from the 12,500 square foot minimum lot area requirement and a 2S-foot variance to the 100-foot lot width requirement to allow a two family dwelling unit on property zoned Residential-Two. For the following reasons: 1. If the request is denied, tbe property may still receive a reasonable return in use. The property could be developed as a single-family residence without the need for variances. 2. All properties immediately adjacent within the same block as the subject property on Garland Street are currently single-family residences. 3. There are no unique conditions related to physical surroundings, shape or topography that render any portion of the property in question unbuildable. The property is rectangular in shape and flat. 4. Even as R-2 allows for one or two-family dwellings, the subject property does not meet the minimum lot size and lot width requirements to allow a two-family dwelling even of a smaller size. S. The request would not result in a substantial benefit or contribution to the neighborhood distinguished from an individual benefit on the part of the applicant. For whatever reason, the neighbors immediately to the north and south of the property did not sign the petitions submitted. An owner directly across Garland and adjacent property to the north testified to the Board in opposition to a multi- family use for the appealed property. The motion passed 5-0. Chair BELL advised the applicant that the request for variance was denied. 5. CLOSE THE PUBLIC HEARING Chair BELL 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 - January 26, 2006 It was moved by Board Member BLAIR and seconded by Board Member ABBOTT to approve the minutes of January 26, 2006 as presented. The motion passed unanimously. Board of Adjustment 02-23-06 -4- B. Board of Adjustment Bylaws Work Session There was a consensus of the Board to change the meeting time for Board of Adjustment from 7:30 p.m. to 7:00 p.m. There was discussion about the possible appointment of alternates to the Board of Adjustment who would fill in when regular members are absent. There was a suggestion that the alternates should be at-large. Board Member BLAIR expressed concern about the percentage involved in requiring 6 affirmative votes when only 7 members are present. There was discussion about present code requirements as they relate to the revitalization program and possibly meeting with staff, City Council and Planning Commission during study sessions to discuss various solutions. cL.- ,~..,~ Ann Lazzeri, Recordi s-e2retary 8. ADJO~NT It was moved by Board Member BLAIR and seconded by Board Member ABBOTT to adjourn the meeting at 9:20 p.m. - 5 - Board of Adjustment 02-23-06