Loading...
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. Board of Adjustment 05-26-05 - 1 - 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. Board of Adjustment 05-26-05 - 2- 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 Board of Adjustment 05-26-05 - 3 - 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 Board of Adjustment 05-26-05 -4- 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. Board of Adjustment 05-26-05 - 5 - 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. - 6- Board of Adjustment 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. ~ Board of Adjustment 05-26-05 - 7-