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HomeMy WebLinkAbout10/26/2000 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting October 26, 2000 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on October 26, 2000 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Michelle Brown Bill Echelmeyer Paul Hovland Bob Howard Kent Young Members Absent: Linda Mauro Jerry Montoya Staff Present: Alan White, Planning Director Mary Austin, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of October 26, 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-00-09 - Application by Sandra Thompson for approval of a 27 percent landscape variance to the landscape area requirement of 80 percent living material, reducing the living materials to 53 percent of the total landscaped area. Said property is located at 9461 West 37th Place and is zoned Residential-Two (R-2). The case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads ofthe subject property. All pertinent documents were entered into the record and Ms. Austin stated there was jurisdiction for the Board to hear the case. The criteria involved in evaluating a variance request were reviewed. Staff recommended approval of the application for reasons outlined in the staff report. Page 1 Board of Adjustment 10/26/00 In response to a question from Board Member ECHELMEYER, Ms. Austin explained that the city does not require a landscaping plan to be submitted with a building permit application for single family residential and did not become aware of the landscaping issues until the owner came in for a certificate of occupancy. Since the landscaping had been completely installed at this time, the homeowner had the option of applying for a variance. Sandra Thompson 3319 Raleigh, Denver Ms. Thompson, architect for the applicant, was sworn in by Chair HOWARD. The landscaping design was part of a plan to have a home which would provide a wholly independent living situation for a person with physical disabilities. The owner was also interested in xeriscaping for the sake of water conservation. The landscaping was installed by a professional landscaper in mid-July. There was some misunderstanding about how much living plant material was required. Board Member ABBOTT inquired as to whether a variance runs with the property or with the present ownership. Alan White commented that the city has no way of knowing when property ownership changes. He will request the city attorney to give an opinion on whether or not a variance runs with the property or the ownership. Upon a motion by Board Member BROWN 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-00-09 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 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- 00-09 be, and hereby is, APPROVED. Type of Variance: A 27 percent landscape variance to the landscape area requirement of80 percent living material, reducing the living materials to 53 percent of the total landscaped area. Page 2 Board of Adjustment 10/26/00 For the following reasons: 1. Approval of the variance would not alter the essential character of the locality. . 2. Approval of the variance would not impair adequate light or air to the adjacent properties. 3. There are unique circumstances due to the physical disability of the owner and the need for low maintenance xeriscaping. 4. There would be no negative effects upon adjacent properties nor would it alter the character of the existing structure. According to the City Forester, the design meets criteria for water conservation. 5. Due to the physical limitations of the owner, there is a certain hardship involved in maintaining the landscape at the 80% living material required per the Code of Laws. Board Member ABBOTT offered the following conditions as a friendly amendment: 1. For the benefit of adjacent properties and to maintain the spirit of the variance, landscaping (as presented) shall be maintained at least at the 53% minimum. Landscaping which dies or does not flourish shall be replaced and continue to be maintained. 2. This variance shall apply only as the need for accessibility and/or low maintenance is necessary due to the disability ofthe owner. The amendment was accepted by Board Members BROWN and ECHELMEYER. Board Member HOVLAND expressed concern that a new owner should not be required to install more landscaping and commented that xeriscaping makes a lot of sense. Board Member ABBOTT did not believe the second condition would force a new owner to change the landscaping. It would simply mean the new owner would not have the variance which would give neighbors opportunity to request more landscaping if they so desired. Chair HOWARD advised the applicant that the request for variance was approved. The motion passed 6-0 with Board Members MAURO and MONTOYA absent. B. Case No. TUP-00-04 - Application by Compass Montessori School for approval of a temporary building permit for a temporary classroom trailer during Page 3 Board of Adjustment 10/26/00 construction of the school addition for property zoned Agricultural-One (A-l) and located at 10399 West 44th Avenue. The case was presented by Mary Austin. She reviewed the staff report and presented slides and overheads ofthe subject property. All pertinent documents were entered into the record and Ms. Austin stated there was jurisdiction for the Board to hear the case. Criteria used in evaluating a request for temporary building permits were reviewed. Staff recommended approval of the application for reasons outlined in the staff report. In response to a question from Board Member ECHELMEYER, Ms. Austin explained that the situation came to the city's attention approximately two months ago after the trailer was already in place. Because the school is in the Jefferson County R-l school district, there was no requirement to come before the city to obtain a building permit. The matter is before the Board at this time because a temporary building was not approved as part of the conditional use permit which was required because ofthe A-l zoning on the east side of the school property. Board Member BROWN commented that there are many temporary buildings located at various schools throughout the city. Board Member ECHELMEYER asked if a city building inspection would have to take place before the building is occupied. Alan White explained that the building inspections in matters such as this are performed by the State of Colorado. In response to a question from Board Member BROWN, Ms. Austin informed her that the building is presently occupied by students. Richard Fulton 10545 West 46th Avenue Mr. Fulton, principal of Compass Montessori School, was sworn in by Chair HOWARD. He explained that, due to difficulties with the contractor who was building the new school building, construction came to halt in August. Since the building was expected to be completed by the beginning of this school year, it became necessary to quickly erect a temporary building to house students. The temporary building was inspected by the Arvada Fire Department. The state electrical inspector and Public Service installed electricity to the trailer. Accommodations to the construction site had to be made for the safety of the students. Legal negotiations have been taking place which should result in the original contractor completing the building in the spring. He requested that the temporary building permit extend into June to give time to remove the building after the school year has finished. This way, the students would no longer be in school and it would be much safer to remove the building at that time. Mary Austin commented that the staff would have no objection to extending the permit to June for the sake of student safety. Board of Adjustment 10/26/00 Page 4 Board Member BROWN referred to the fact that there are no restroom facilities in the temporary building and expressed concern for the students' safety when going to other buildings to use restrooms. Mr. Fulton stated that there have been no safety problems associated with students leaving the trailer to go to another building. Board member ABBOTT asked if the existing fence would interfere with fire department vehicles having access to the rear of the temporary building. Mr. Fulton explained that there is sufficient room for fire department access and the fence has a gate to permit emergency access. Bob Ulrich 10251 West 44th Avenue, Building A Mr. Ulrich was sworn in by Chair HOWARD. He stated that he notified the city that a temporary building had been installed and there were no visible permits. Although he was not opposed to the school as long as the buildings were not high enough to obstruct his view, he expressed concern about the electric stand pipe on top of the temporary building. He wanted to know how long the temporary use would be permitted. He expressed concern that the view ofthe electric stand pipe would diminish his property value. Mr. White explained that the temporary use could only be granted for up to one year. Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. TUP-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 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. TUP- 00-04 be, and hereby is, APPROVED. Type of Temporary Building Permit: Permit for a temporary classroom trailer to accommodate students during construction of a new school addition. Board of Adjustment 10/26/00 Page 5 For the Following Reasons: 1. The temporary office trailer should not have any adverse effect on the health, safety, welfare and convenience of persons in the neighborhood. The proposed structure houses a classroom for students of the school which is already a permitted use on the site. These students will continue to be accommodated on site when the new addition is completed. 2. The temporary classroom trailer is located in an interior corner of the property. There should be no impact on the amount ofIight and air to adjacent properties since the structure meets required setbacks for temporary buildings. It would appear that the temporary building and location meets Uniform Fire Code standards. 3. The structure is buffered on the east by carport structures that serve the adjacent multi-family development. It is screened on the north side by trees along the northern property line. With the Following Conditions: 1. The temporary building permit shall expire July 15,2001, at which time the temporary building shall be removed. 2. Fire department vehicular access shall be maintained to the standards of the Arvada Fire Department. 3. Any appurtenances related to the temporary structure, such as electrical poles, shall be removed at the time the structure is removed. In response to a question from Board Member ECHELMEYER, Ms. Austin explained that the trees referred to on the northern property line are not yet in place. They will be in place at the time the school addition is completed. There is shrubbery and other vegetation in place at this time. Board Member ECHELMEYER expressed concern about an existing power line located from the southeast corner of the main building to the temporary building. Mr. Fulton explained that this is a temporary telephone line that will be removed at the time the temporary building is removed. Chair HOWARD expressed concern that the case is titled as a TUP when, in fact, it is not a temporary use permit but a temporary building permit. This could cause confusion when people read about it in the newspaper. Alan White explained that this number was issued simply as a case tracking issue and that staff will determine a new numbering system for temporary building permits in the future. Board of Adjustment 10/26/00 Page 6 The motion passed 6-0 with Board Members MAURO and MONTOYA absent. Chair HOWARD advised the applicant that the application for a temporary building permit was approved. 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Annroval of Minutes - It was moved by Board Member ABBOTT and seconded by Board Member ECHELMEYER to approve the minutes ofthe September 27, 2000 meeting as presented. The motion passed 5-0 with Board Members MAURO and MONTOYA absent and Board Member HOVLAND abstaining. B. Reschedule BOA Meetin!! for NovemberlDecember - It was moved by Board Member ABBOTT and seconded by Board Member BROWN to cancel the November 23rd and December 28th meetings and schedule one combined meeting on December 14th at 7:30 p.m. The motion passed 6-0 with Board Members MAURO and MONTOYA absent. A dinner will be scheduled at 6:00 p.m. prior to the meeting. There was a consensus of the Board to hold election of officers at the January, 2001 meeting. 8. ADJOURNMENT It was moved by Board Member HOVLAND and seconded by Board Member YOUNG to adjourn the meeting at 9:15 p.m. ~~ . ~"-^. f< ~ AL- BOB HOWARD, Chairman Board of Adjustment a~~~;. Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 10/26/00 Page 7