HomeMy WebLinkAbout05/26/2005
ORIGINAL
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
May 26, 2005
1. CALL THE MEETING TO ORDER
The meeting was called to order by Vice Chair Bell at 7:30 p.m. in the Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
2. ROLL CALL
Vice Chair Bell welcomed new members, Daniel Bybee and Betty Jo Page to the
Board of Adjustment.
Members Present:
Tom Abbott
Janet Bell
Bob Blair
Daniel Bybee
Bob Howard
Paul Hovland
Betty Jo Page
Members Absent:
Paul Drda
Staff Present:
Meredith Reckert, Senior Planner
JeffHirt, Planning Technician
Ann Lazzeri, Recording Secretary
The following is the official set of Board of Adjustment minutes for the public
hearing of May 26, 2005. 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
No one indicated a desire to speak at this time.
4. PUBLIC HEARING
A. Case No. W A-05-08: An application filed by Brothers Fence Company
for approval of a variance to the 6- foot maximum fence height standard
under Section 26-603 resulting in an 8- foot high fence for property zoned
Commercial-One and located at 9505 West 44th Avenue.
Staff recommended continuance ofthis case so that issues resolving access to
West 45th Avenue could be further discussed.
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It was moved by Board Member BLAIR and seconded by Board Member
BYBEE to continue Case No. W A-05-08 to the June Board meeting. The
motion passed unanimously.
B. Case No. W A-05-09: An application filed by the Wheat Ridge Housing
Authority for approval of a 5- foot side yard setback variance from the 10- foot
side setback requirement for detached garages over 8 feet in height on property
zoned Residential Three and located at 4501 Everett Street.
This case was presented by Jeff Hirt. 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 application for
reasons outlined in the staff report.
Board Member HOVLAND commented that this request for a variance is due to a zoning
change for the R -I zone district to require setbacks relative to building height and asked
why this requirement would apply to multi-family dwellings. Meredith Reckert
explained that R-3 zoning also allows single family structures and therefore the setback
requirement applies to all structures in the zone district.
Board Member BYBEE commented that he could find no reasons not to approve this
application.
Board Member HOWARD suggested that setback requirements be revisited citing an
example that presently a 20- foot setback would be required for two garages built adjacent
to each other.
Jerry DiTullio
3250 Newland Street
Mr. DiTullio, chairman ofthe Wheat Ridge Housing Authority, was sworn in by Vice
Chair BELL. He stated that, following the denial of a previous request for variance, the
number of garages for the project has been reduced from six to five. The depth of the
garages has also been reduced from 24 to 21 feet. He asked the Board to approve the
variance based on the following reasons:
. There has been no neighborhood opposition.
. Staff has recommended approval.
. The Housing Authority will be improving a dilapidated property.
. Garages will reduce on-street parking.
. The 10- foot setback on this particular property serves no purpose in that the garages
would face a back yard and would not therefore infringe on the adjacent property.
. Approval of the variance would not set a precedent for any other future projects
within the city.
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Henry Wehrdt
2659 South Pitkin Way, Aurora
Mr. Wehrdt, Jefferson County Housing Authority, was sworn in by Vice Chair BELL.
He is also project manager for the subject property. He explained the garages have been
designed with hip rather than peak roofs. Without the variance, there would be more
opportunity for continued graffiti problems on the buildings. With the requested setback,
the area could be fenced which would reduce the amount of weeds and graffiti. The
reduction in the number of garages would also increase the distance from the garages to
existing structures by an additional 6 feet. This project will not only provide affordable
home ownership, but will greatly improve the appearance and quality of the
neighborhood.
In response to a question from Board Member PAGE, Mr. Wehrdt explained that parking
will be a cooperative effort with the other multi-family units. The parking area and
driveway will be paved.
In response to a question from Board Member ABBOTT, Mr. Wehrdt stated that units
with garages sell first. Garages also improve the property by providing off-street parking
as well as some additional storage space for personal items.
Cheryl Brungardt
5621 West 36th Place
Ms. Brungardt was sworn in by Vice Chair BELL. She is a member ofthe Wheat Ridge
Housing Authority. She stated that housing units with garages sell quickly and provide
safe off-street parking for the homeowners. She pointed out that the majority of
homeowners in the Housing Authority properties only have one vehicle. There are also
individuals who do not own vehicles and that is one reason the Housing Authority likes
to choose units that are near public transportation. This project will mostly likely
encourage surrounding property owners to improve their properties.
There were no other individuals present who wished to address this case. Vice Chair
BELL closed the public hearing.
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-05-09 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
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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-
05-09 be, and hereby is, approved.
Type of Variance: A 5-foot side yard setback variance from the 10-foot side setback
requirement for detached garages over 8 feet in height on property zoned
Residential Three.
For the following reasons:
1. The applicant has very limited options for placement of garages sufficient
to accommodate an 8-unit multi-family structure without the need for a
variance.
2. Garages are seen by Jefferson County Housing Authority and Wheat
Ridge Housing Authority as very much affecting the likelihood of
achieving the goals of both Jefferson County and Wheat Ridge Housing
Authorities.
3. Approval of the variance would hopefully provide an incentive to make
improvements to a dilapidated property and perhaps be influential for
adjacent properties to do or request the same.
4. The intent of the property being owned by the Wheat Ridge Housing
Authority is to provide a public service resulting in a benefit to the
community.
5. The adjacent property to the north is also zoned multi-family.
6. The corner lot status of this apartment building places the building with a
significant double front yard setback therefore limiting available space in
the rear and side yards. This has caused a hardship in the design of a
viable project.
7. The 10-foot required setbacks do not seem to provide a definable benefit
to this neighborhood due to the configuration of adjacent occupancies.
8. There has been no neighborhood opposition registered.
With the following conditions:
1. If it is determined that any portion of the structure is within the 100-year
floodplain, a Class I floodplain exception will be required prior to
issuance of a building permit.
2. The structure shall not have an exterior with visible metal materials.
3. The setback area being varied behind the garages shall be enclosed for
security, prevention of storage of illicit materials, and graffiti control.
Board Member BLAIR commented that the function and duty of the Wheat Ridge
Housing Authority is to provide a public service and the proposed project will improve
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the quality of the neighborhood.
Board Member HOVLAND commented that the zoning code amendment which
increased setbacks from 5-feet doesn't make sense in this area. There would have been
no need for a variance in this case without the zoning code amendment.
Board Member BELL stated that she would support the motion because ofthe location of
the garages. The bulk plane in this situation is not as much an issue as it would be in a
single family residential zone with a single story house adjacent to a single story house.
It was moved by Board Member HOWARD that the variance request be changed
from 5 feet to 3 feet. The motion died for lack of a second.
The motion passed 6-1 with Board Member HOWARD voting no.
C. Case No. W A-05-10: An application filed by Holiday Inn Express Hotel and
Suites for approval of a variance of 10 feet from the required 30 foot setback from
the right-of-way for signs over 25 feet high resulting in a 20-foot setback from the
right-of-way for property zoned Commercial One and located at 10101 West 1-70
Frontage Road South.
This case was presented by Jeff Hirt. 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. Staffrecommended approval of the application for
reasons outlined in the staff report.
Board Member HOVLAND asked ifthere were any safety or sight triangle issues
involved with the proposed location of the sign. JeffHirt stated that this matter was not
referred to the traffic engineer because the sign will not be located at the intersection of
two streets where sight triangle regulation would apply.
In response to a question from Board Member ABBOTT, Mr. Hirt stated that the size of
the proposed sign is well below the allowed square footage.
Todd Brummond
Holiday Inn Express
Mr. Brummond was sworn in by Vice Chair BELL. Mr. Brummond is managing
member of the ownership group of the Holiday Inn Express Hotel and Suites. The
required 30-foot setback for the sign would infringe upon the Valley Water District's
water easement and therefore a request for variance became necessary.
There were no other individuals present who wished to address this case. Vice Chair
BELL closed the public hearing.
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Upon a motion by Board Member ABBOTT and second by Board Member BYBEE,
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-05-I0 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 Application Case No. W A-
05-10 be, and hereby is, approved.
Type of Variance: A variance of 10 feet from the required 30 foot setback from the
right-of-way for signs over 25 feet high resulting in a 20-foot setback from the right-
of-way for property zoned Commercial One.
For the following reasons:
1. The request will have no effect on the essential character ofthe locality. The
request is to upgrade an existing sign using the same height and
approximately the same size dimensions with an approximately 3 square foot
increase.
2. There are unique conditions in that the property has adjacent right-of-way
on three sides therefore limiting options for placement of a 50-foot high sign.
3. There are limited options for placement of the 50-foot high sign within
setback requirements without displacing parking spaces and/or drive aisles
on the property.
4. Approval of the variance would not result in any change in existing
conditions relative to the location and size of the existing 50-foot high sign.
5. Approval of the request would result in an upgrade to an existing sign along
Interstate 70.
6. The most affected adjacent occupancy is a hotel to the west across the 1-70
frontage road south.
7. The Valley Water District has written a letter stating that they were opposed
to relocation of this sign to the required setback because it would interfere
with the location of their water main and adjacent soil conditions.
The motion passed 7-0.
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05-26-05
Vice Chair BELL closed the public hearing portion of the meeting.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
Super Maioritv Vote - Board Member ABBOTT reported that he and Board
Member BELL appeared before City Council to speak to the proposed change
reducing the super majority vote to a simple majority vote. The City Council
voted 8-0 to table the proposal indefinitely. If the Neighborhood Revitalization
Study suggests that the super majority vote should be changed, the City Council
would revisit the matter. City Council also expressed appreciation for the work
performed by the Board of Adjustment.
There was discussion about appointing alternates to the Board to serve in the
absence of regular members.
7. NEW BUSINESS
A. Approval of minutes - March 24, 2005
It was moved by Board Member HOWARD and seconded by Board
Member BLAIR to approve the minutes of March 24, 2005 as
presented. The motion passed unanimously.
8. ADJOURNMENT
It was moved by Board Member HOWARD and seconded by Board Member
BLAIR to adjourn the meeting at 9:13 p.m. The motion passed unanimously.
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