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HomeMy WebLinkAbout10/26/2006 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting October 26, 2006 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Chair BELL at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Tom Abbott Janet Bell Bob Blair Paul Drda Paul Hovland Bob Howard Larry Linker Davis Reinhart Staff Members Present: Travis Crane, Planner II Ann Lazzeri, Recording Secretary 3. PUBLIC FORUM There were no individuals present who wished to address the Board at this time. 4. PUBLIC HEARINGS Prior to presentation of cases, all individuals who wished to testify during the hearings stood and were sworn in by Chair Bell. A. Case No. W A-06-1S: An application filed by Richard Moreno for approval of (A) an 800 square foot variance to the 1000 square foot maximum resulting in an 1800 square foot bam AND (B) a request for approval of a 9- foot side yard setback variance from the 15- foot side yard setback requirement resulting in a 6- foot side yard setback on property zoned Residential One (R-l) and located at 6671 West 26th Avenue. The case was presented by Travis Crane. 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 of both variance requests for reasons outlined in the staff report. Board of Adjustment October 26, 2006 - 1 - Board Member BLAIR noted that the property owner immediately to the east at 6655 West 26th Avenue did not sign the letter ofsup~ort. He also asked what the nature of the structure is at the rear of 6655 West 26t. Mr. Crane explained that the structure appeared to be a garage with a smaller structure that appears to be a shed; however, there would be no separation issue with either of those structures. Richard Moreno 6671 West 26th Avenue Mr. Moreno, the applicant, presented a digital depiction of the proposed bam addition. In response to the question raised by Board Member Blair, he stated that he had a conversation with the property owner of 6655 West 26th and she is in agreement with his plans. Upon a motion by Board Member ABBOTT and second by Board Member BLAIR 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-06-1S (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 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-06-1S (A) be, and hereby is approved. For the following reasons: 1. The increase in size ofthe existing barn and attached structures is negligible as explained by staff during the hearing. The increase in structure size will accommodate covered storage for hay. 2. The increase in square footage to the barn will not change the character of the locality. There are at least two accessory structures in the neighborhood which are at least 1,200 square feet in size. The property directly to the north has an outbuilding approximately 1,200 square feet in size. Board of Adjustment October 26, 2006 -2- 3. Many adjacent properties have multiple outbuildings which create a cluttered landscape. The addition to the existing barn will create one cohesive structure on this property and remove two existing ancillary structures. 4. The request would not be detrimental to the public welfare. The barn is located in the extreme northeastern corner ofthe property. The closest residential dwelling unit is over 105 feet to the closest point of the barn. 5. The applicant testified that he had discussed the issue with his neighbor directly to the east and had obtained a verbal approval. 6. Staff recommended approval. With the following conditions: 1. The two existing structures shall be removed from the property. 2. No additional ancillary structures may be added. 3. The barn addition may not be occupied by horses. The motion carried 8-0. Upon a motion by Board Member ABBOTT and second by Board Member DRDA 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-06-15 (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-06-15 (B) be, and hereby is approved. Board of Adjustment October 26, 2006 - 3- For the following reasons: 1. The request will not change the character of the locality. Many accessory structures on adjacent parcels do not meet the required 15- foot side yard setback requirement. 2. The request would not be detrimental to the public welfare and will not impact the adequate supply of air or light to adjacent properties nor increase the danger of fire. 3. The lot is 9 feet short ofthe required lot width of 100 feet in the R-l zone district. The deficient lot width relates directly to the need for the variance for a side yard setback. 4. The applicant testified that he discussed the issue with the neighbor directly to the east and received verbal approval. 5. Staff recommended approval. The motion carried 7-1 with Board Member HOVLAND voting no. B. Case No. WA-06-16 An application filed by Jason Timmes for approval ofa IS-foot I-inch side yard setback variance from the 30-foot side yard setback requirement when adjacent to a public street resulting in a 14-foot ll-inch side yard setback for property zoned Residential-Two (R-2) and located at 4675 Lamar Street.. The case was presented by Travis Crane. 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 of the variance request for reasons outlined in the staff report. Board Member HOVLAND asked if a greater setback is required due to the height of building. Mr. Crane replied that it would not be an issue in R-2 zone district. Board Member HOWARD asked if the code would allow the applicant to enclose the front porch. Mr. Crane replied that enclosure ofthe porch would require a vanance. Board Member ABBOTT commented that the bulk plane mass is not an issue with the overall house, but the bulk plane mass is affected by the encroachment. He also asked for clarification as to whether the request was for a side yard or front yard setback. Mr. Crane replied that it was a front yard setback. The staff report contained an error in stating it was a side yard setback. Board of Adjustment October 26, 2006 -4- Board Member DRDA commented that the angular design seems to be out of character with the neighborhood and asked about the percentage oflot coverage. Mr. Crane stated that maximum lot coverage is not exceeded. In response to a question from Board Member BELL, Mr. Crane explained that a property owner could "pop the top" on a single story house as long as it is in line with the existing structure and within the 35-foot height limitation. There would be no need for a variance unless there was a setback issue. Jason Timmes 4675 Lamar Street Mr. Timmes was sworn in by Chair BELL. He clarified that he did not plan to enclose the covered porch. He stated that, although there were no immediate houses with second stories, there is one located at 46th Place and Newland as well as 45th Place and Newland. The angular construction is due to the current layout of the house and an attempt to save part of his back yard. He wants to enlarge his 1250 square foot structure in order to stay in this Wheat Ridge neighborhood and raise a family. Board Member ABBOTT commented that he liked the design which is in keeping with revitalization, however it is quite an encroachment and suggested that the third bay ofthe garage could be moved back to lessen the variance. In response to a question from Board Member HOWARD, Mr. Timmes stated that he plans to use the existing garage for storage. Rhonda Champion 6420 West 46th Place Ms. Champion lives directly to the west of the applicant's property and she voiced her opposition to the variance on the basis that it would change the character of the locality and would be detrimental in regard to the availability oflight. She expressed frustration with the city's zoning ordinances that have only been addressed three times since the city's incorporation. She noted that the posted sign and the certified letter sent to neighbors indicated that the variance was for a side yard setback and not a front yard setback She stated that she also spoke with neighbors who did not feel the posting and notification were clear as to what the applicant intended to do. She also stated that the letter of support did not accurately reflect where the people live. She objected to the plans for a two-story dwelling because the neighborhood is comprised of one-story structures and she presented several photographs of the neighborhood. She stated that she had contacted other neighbors who were also in opposition. She further stated that the proposed variance would affect her privacy. Chair BELL reminded Ms. Champion that the only issue under consideration is the request for a setback variance. A two-story home is allowed in the zone district as long as it does not exceed the height limit. Board of Adjustment October 26, 2006 - S - Board Member ABBOTT asked Ms. Champion if she would still object to the variance ifthe portion of the structure involved in the variance was limited to one story. Ms. Champion replied that she would have no objection to that portion of the structure being one story but was still opposed to having the entire addition being two stories. In response to a question from Board Member ABBOTT, Mr. Crane stated that an error was made in the posting as well as the certified letter that stated the variance was for a side yard setback rather than a front yard setback. Chair BELL asked if others were present who wished to address this matter. Hearing no response, she closed the public hearing on this case. Board Member HOVLAND expressed concern as to whether or not the case could proceed in light ofthe posting and notice errors. Board Member DRDA commented that, although there was an error in posting, the intent is not affected. Board Member REINHART agreed that the notice was adequate, however, in the presence of opposition he favored reposting and continuance of the hearing. Board Members LINKER, ABBOTT, BLAIR and HOWARD agreed that it would be best to repost and continue the hearing. It was moved by Board Member REINHART and seconded by Board Member HOVLAND to continue the hearing to December 13, 2006. Board Member ABBOTT offered a friendly amendment to require reposting and republishing of the hearing. The amendment was accepted by Board Members REINHART and HOVLAND. The motion carried 8-0. 5. CLOSE THE PUBLIC HEARING Chair BELL closed the public hearing. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Chanl!e in Meetinl! Date Board of Adjustment October 26, 2006 - 6 - It was moved by Board Member DRDA and seconded by Board Member BLAIR to cancel the regularly scheduled Board meetings of November 23 and December 28 to hold one meeting on Wednesday, December 13, 2006 at 7:00 p.m. The motion carried 8-0. B. Approval of Minutes of September 28, 2006 Board Member HOWARD requested an amendment to the first page of the minutes to indicate that Board Member Linker was present. It was moved by Board Member DRDA and seconded by Board Member BLAIR to approve the minutes as amended. The motion passed unanimously. C. Tour of Wonderland Homes - Chair BELL encouraged Board Members to attend. D. Case No. W A-06-12 - Travis Crane referred to the meeting of September 28, 2006 when the applicant in this case was denied a request for rehearing. The City Attorney's opinion is that the 30-day window for an applicant to appeal to District Court begins at the time the request for rehearing is denied. 8. ADJOURNMENT It was moved by Board Member DRDA and seconded by Board Member BLAIR to adjourn the meeting at 9:00 p.m. The motion passed unanimously. ~~ Wet Bell, Chair tLc ~~^~ Ann Lazzeri, Recordin e etary Board of Adjustment October 26, 2006 - 7 -