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HomeMy WebLinkAbout06/22/2006 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting June 22, 2006 OR 1 G\ NAL 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair Bell at 7:00 p.m. 2. ROLL CALL Members Present: Tom Abbott Janet Bell Bob Blair Paul Hovland Bob Howard Larry Linker Davis Reinhart Members Absent: Paul Drda Staff Present: Meredith Reckert, Sr. Planner JeffHirt, Plaoning Technician Chris Route, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of June 22, 2006. A set of these minutes is retained both in the office ofthe City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM There were no individuals present who wished to address the Board. 4. PUBLIC HEARING A. Case No. W A-06-08: An application filed by Walter Mackie for approval ofa 5-foot side yard setback variance from the 10-foot side yard setback requirement resulting in a 5-foot side yard setback and a 5-foot rear yard setback variance from the 10- foot rear yard setback requirement resulting in a 5- foot rear yard setback for property zoned Residential One B and located at 3892 Nelson Street. The case was presented by JeffHirt. 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 approval for reasons and with conditions as outlined in the staff report. Board of Adjustment 06-22-06 - 1 - Walter Mackie 3892 Nelson Street Mr. Mackie, the applicant, was sworn in by Chair BELL. He stated that he would like to build a freestanding garage in the back yard and be able to get comfortably in and out. Board Member ABBOTT asked why the neighbor to the back of his property didn't sign the petition. Mr. Mackie stated that there was a death in the family of the owner of the property and he was unable to contact them. He had adequate signatures on the petition and did not approach the neighbors across the street. There was also a language barrier issue with those neighbors. Upon a motion by Board Member BLAIR and second by Board Member REINHART, the following resolntion was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. W A-06-08 is an appeal to this Board from the decision of an administrative officer; and Whereas the property has been posted the ten days required by law, aud 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 aud purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjnstment Case No. W A-06-08 be, and hereby is approved. For the following reasons: 1. Compliauce with lO-foot side and rear yard setbacks would result in difficnlt turning movements into the garage for vehicles if the garage were placed in the location shown on the site plan. 2. Alternative placement would eliminate a significant portion of usable backyard space for the property owner. 3. The request is consistent with the existing conditions in the snrrounding area, as the majority of the detached garages in the vicinity were constructed under prior regulations, specifically as-foot side and rear yard setback requirement. 4. Multiple property owners in the vicinity have signed a petition in support ofthe request. The motion passed 7-0. Board of Adjustment 06-22-06 -2- i i ! 6. CLOSE THE PUBLIC HEARING Chair BELL closed the public hearing. 7. OLD BUSINESS . Meredith Reckert stated that the modified Board of Adjustment bylaws were adopted by city council and there is now the ability to select alternates. This would be a pool of four people from across the city that could be called upon to fill in for an absent Board Member. These appointments would be made by City Council. . Ms. Reckert announced a diuner training session with the City Attorney on July 27 at 5:30 p.m. The regular meeting will convene following the training session. It would be a good idea for the alternates to attend the training session even if they have not been sworn in by City Council yet. Davis Reinhart stated that he would be unavailable on that date. . There was discussion of possible solutions to problems arising from the recent change in the setback ordinance which increased side and front yard setbacks from five to ten feet. 8. NEW BUSINESS A. Approval of Minutes - May 25, 2006 It was moved by Board Member BLAIR and seconded by Board Member ABBOTT to approve the minutes of May 25, 2006 as presented. The motion passed unanimously. B. Meredith Reckert announced Jeff Hirt's resignation. Chair BELL expressed appreciation to Mr. Hirt for his efforts on behalf of the Board of Adjustment and wished him well in his new endeavor. 9. OLD BUSINESS There was no old business to come before the Board. 10. ADJOURNMENT The meeting was adjourned at 7:50 p.m. , Board of Adjustment 06-22-06 - 3 -