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HomeMy WebLinkAbout06/22/2000 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting June 22, 2000 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m on June 22, 2000 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bill Echehneyer Paul Hovland Bob Howard Linda Mauro Jerry Montoya Members Absent: Michelle Brown Staff Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Mary Austin, Planner Ann Lazzeri, Secretary . The following is the official set of Board of Adjustment minutes for the Public Hearing of June 22, 2000. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. W A-00-04: - An application filed by Michael H. Milby for approval of a one-foot rear yard setback variance from the five-foot rear yard setback requirement for the purpose of building a detached garage for property located at 5506-5520 West 28th Avenue and zoned Residential-Three. Board of Adjustment 06/22/00 Page I This case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property and entered all pertinent documents into the record. She advised the Board that there was jurisdiction to hear the case and then reviewed the ten criteria used to evaluate a variance request. Staff gave a recommendation of approval. Two letters were entered into the record and made a part of the case file. The first letter was from Leander L. Urmy stating that he had no objections to the application The second letter was from Dorothy L. Archer who stated she did not "give her permission" for approval of the application. Alan White stated that both of these property owners did receive notice of the hearing and advised the Board that Dorothy Archer is an absentee owner. In response to a question from Board Member ECHELMEYER, Ms. Austin stated that staff had discussed with Mr. Milby that a variance would not be necessary if he reduced the size of his garage to 21 feet. In response to a question from Board Member MONTOYA, Meredith Reckert replied that garages are typically 22 to 24 feet in depth. Chair HOWARD inquired about the location of the garage in relation to the addresses of the property owners who sent letters. Mary Austin estimated a distance of 500 feet between the two locations. All neighbors within a 600- foot radius received notification of this public hearing. In answer to a further question, Ms. Austin stated that the alley behind the subject property is dedicated to the City of Wheat Ridge; however, it was her understanding that the alley has not been maintained in recent years. Michael Milby 5510 West 28th Avenue Mr. Milby, the applicant, was sworn in by Chair HOWARD. He stated he has owned the property for over twenty years and the reason for building the garage is to provide additional offstreet parking for his rental units. He has received complaints from neighbors who object to his tenants parking along the street. In reply to a question from Chair HOWARD, Mr. Milby stated that the alley has encroached onto his property line over the years. Board Member HOVLAND commented that the location would cause difficulty in entering and exiting the garage. He also expressed concern that the garages could be used for storage and therefore would not alleviate the parking problem. Mr. Milby stated that, if the Board desired, he would write a clause into the lease to require that the garage could only be used for parking of an automobile. Board of Adjustment 06/22/00 Page 2 Board Member ECHELMEYER stated that he would support the application because the property is very well maintained and the variance would not cause a disturbance to yards of adjacent neighbors. Board Member MONTOYA stated that he would also support the application based upon staffs recommendation and the fact that the only letter of objection was received from a property owner located approximately 500 feet away. Chair HOWARD expressed concern that the width ofthe alley would not allow sufficient room for vehicles to turn in and out of the garage. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, 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-00-04 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the required fifteen days by law, and in recognition that there was one protest registered against it; and Whereas, the relief applied for may be granted 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- 00-04 be, and hereby is, APPROVED. Type of Variance: A one-foot rear yard setback variance from the five-foot rear yard setback requirement in an R-3 zone for the purpose of building a detached garage 1. Approval of the variance would not alter the essential character of the locality. As it encroaches into an alley rather than a front or side yard, there would be no negative effects upon the alley nor would it alter the access from either the east or west. For the following reasons: Page 3 Board of Adjustment 06/22/00 2. The property is currently substandard relative to today's parking requirements. Testimony was provided that this substandard condition has resulted in neighborhood complaints to the applicant. 3. There are no other options for providing additional offstreet parking for the multi-family dwelling units. 4. Approval of the request would not impair the adequate air and light to adjacent properties. 5. Staff recommended approval. The motion passed 5-1 with Chair HOWARD voting no and Board Member BROWN absent. Chair HOWARD advised the applicant that his request for variance was approved. B. Case No. W A-00-05: An application filed by Ralph Walker for Airtouch Cellular for approval of a five-foot height variance to the fifty-foot maximum height allowance in a Plauned Commercial Development zone district located at 4056 Youngfield Street prescribed by Section 5.1 0.1 (e) of the City Charter. This case is being processed in conjunction with Case No. WZ-00-03 to allow a freestanding CMRS tower at the property referenced above within the Y oungfield Plaza Planned Commercial Development. Meredith Reckert informed the Board she had received a verbal request from the applicant earlier in the day that the case be continued. Chair HOWARD questioned the reason for this application to be heard by the Board of Adjustment when it was in conjunction with an amendment to a Planned Commercial Development zone district. Alan White explained that the Board of Adjustment is the only body that can rule on a height variance. No action was taken on the matter. 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing closed. Board of Adjustment 06/22/00 Page 4 6. OLD BUSINESS A. Sil!:n at Vern's Restaurant - Board Member ABBOTT requested a review of the conditions placed on approval ofthe variance for the subject sign. Alan White stated that this information will be provided in the next meeting packet. 7. NEW BUSINESS A. Elimination of One-Year Temoorarv Use Permits - Board Member MONTOYA referred to an article in the Transcript concerning City Council consideration of the elimination of one-year temporary use permits and requested further information on the matter. Alan White replied that Planning Commission had expressed concern that applicants who are denied a rezoning request by the Planning Commission could later appear before the Board of Adjustment to receive a temporary use permit for the same use. This matter will be discussed at the Planning Commission on July 6. B. Aooroval of Minutes - It was moved by Board Member ABBOTT and seconded by Board Member MONTOYA to approve the minutes of May 25, 2000. The motion carried 6-0 with Board Member HOVLAND abstaining and Board Member BROWN absent. 8. ADJOURNMENT It was moved by Board Member ECHELMEYER and seconded by Board Member MONTOYA to adjourn the meeting at 8:15 p.m. The motion passed by a vote of 6-0 with Board Member BROWN absent. \1 (J(y U4-'w-~, "Q BOB HOWARD, Chairman Board of Adjustment cLu cY~ Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 06/22/00 Page 5 I