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HomeMy WebLinkAbout07/28/2005 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting July 28, 2005 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair Drda at 7:30 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bob Blair Paul Drda Bob Howard Paul Hovland Betty Jo Page Members Absent: Janet Bell Daniel Bybee Staff Present: Meredith Reckert, Senior Plarmer Travis Crane, Plarmer Jeff Hirt, Plarming Technician Arm Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of July 28,2005. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department ofthe 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-05-13: An application filed by Republic Garages for approval of a variance from the 10 foot side yard setback requirement for an accessory structure resulting in a 5 foot side yard setback for property zoned Residential Two and located at 3810 Cody Street. This case was presented by Travis Crane. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. Staff recommended denial of the application for reasons outlined in the staff report. Board of Adjustment 07-28-05 - I - In response to a question from Board Member HOWARD, Travis Crane stated that there would have been no need for a variance before the code was changed in October, 2003. In response to a question from Board Member BLAIR, Travis Crane stated that he had not been notified of any opposition to the application. In response to a question from Board Member DRDA, Travis Crane explained that his calculations showed that the turning radius in the driveway would be sufficient if the garage were built with a 10 foot setback. Victoria Nosal 3810 Cody Ms. Nosal, the applicant, was sworn in by Chair DRDA. She stated that all of her neighbors were supportive ofthe variance. The applicant further stated that building the garage to match the house would be an improvement to the neighborhood. The variance would also provide a more negotiable entrance to the garage. She had the house on the real estate market for awhile and many comments were received that the garage was too small. In response to a question from Board Member HOVLAND, Ms. Nosal stated that, once the new garage is completed, they plan to remove the garage door from the existing structure and replace it with french doors or something similar. The space would probably be used for her husband's woodworking hobby. Jerry Krizek Republic Garages 2532 S. Broadway, Denver Mr. Krizek was sworn in by Chair DRDA. He stated there would be no retaining wall on the south property line. The garage floor would be approximately six inches higher than the existing driveway and sloped to provide for drainage. He stated that many houses in the neighborhood have detached garages with 5 foot setbacks which were built before the code change. He commented that the code change which requires an additional 5 foot setback for buildings over 8 feet doesn't take garages into consideration because a garage wall has to be at least 10 feet high to accommodate the door. He provided copies of a layout showing the proposed garage with a 10 foot setback and with a 5 foot setback and stated that a 10 foot setback would provide difficult entry/exit from the garage. In response to a question from Board Member ABBOTT, Mr. Krizek stated that the proposed garage would be normal width. Board of Adjustment 07-28-05 -2- Victoria Nosal returned to the podium to confirm that the garage will match the house in brick, shingles and rooflines. Mr. Krizek explained that the front of the garage would be faced with brick with a 2 foot wrap-around on each side. Gene Pastor 3815 Carr Street Mr. Carr was sworn in by Chair DRDA. He lives directly east of the applicant and spoke in favor of the application. All of the other neighbors have indicated to him that they are also in favor. Victoria Nosal returned to the podium and entered a letter into the record that contained signatures of the surrounding neighbors indicating their support of the proposed garage and variance. Board Member HOVLAND commented that the variance would not change the character of the neighborhood because this area was developed with 5 foot setbacks. Further, the grade change to the south being higher would minimize the height impact of the garage. Board Member BLAIR commented that he thought it would be inappropriate to impose a recent ordinance on this property owner when the surrounding properties were developed under a previous ordinance. Board Member DRDA commented that the counter-argument would be that the present ordinance is in line with the new vision for Wheat Ridge. Board Member BLAIR responded that he would agree with imposing the new ordinance on new development. Chair DRDA advised those present that a super majority of five affirmative votes was required to approve the application. 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-05-13 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 Board of Adjustment 07-28-05 - 3- the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-05-13 be, and hereby is, approved. Type of Variance: A variance from the 10 foot side yard setback requirement for an accessory structure resulting in a 5 foot side yard setback for property zoned Residential Two. For the following reasons: 1. This request would not seem to alter the essential character of the locality. 2. The footprint of the existing house realistically precludes a code complying location for the proposed garage. 3. The lot shown to the south is higher in elevation, therefore the perceived height of the new garage would appear lower from the property to the south and would remain within the concepts of the 2003 ordinance. 4. Neighbors most affected to the east and the south submitted that they were in favor of the structure and the variance. 5. This property improvement, as designed and submitted by the applicant, would seem to reach to the intent of neighborhood revitalization. With the following conditions: 1. The building materials will be matched brick on the front of the structure with generally matching rooflines and shingles. 2. The existing garage door will be removed and not used as a garage. Board Member HOWARD questioned the condition restricting the use ofthe present garage. Board Member ABBOTT explained that he believed this condition would provide for a more aesthetically pleasing structure and therefore in line with the new neighborhood revitalization strategy. Board Member PAGE questioned whether removing the garage door and replacing it with a non-garage would door would affect the property assessment. Meredith Reckert stated that she was not sure that Jefferson County would assess it any differently. Board Member HOVLAND expressed concern about a condition restricting the use of the present garage. Board of Adjustment 07-28-05 -4- i I. I I I In response to a question from Board Member ABBOTT, Mr. Krizek stated that the garage door on the new garage would be a raised panel steel door with windows in the top row. He also stated that removal of the present garage door. would cause the space to be considered inhabited space which would increase the assessment value of the building. Board Members ABBOTT and BLAIR agreed to remove the second condition. The motion as amended by Board Members ABBOTT and BLAIR passed 5- 1 with Board Member DRDA voting no. Chair DRDA advised the applicant that the request for variance was granted. B. Case No. W A-05-14: An application filed by James Pryor for approval of a variance from the required 30 foot front yard setback resulting in a 21 foot front yard setback for property zoned Residential-One C and located at 5725 West 37th Avenue. 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 denial of the application for reasons outlined in the staff report. Mr. Hirt explained that the house could not be placed any further to the north because of a 10-foot utility and drainage easement. Edward Kaufman 13490 Lafayette Ct., Thornton Mr. Kaufman was sworn in by Chair DRDA. He is the developer of the property as well as a lot owner. He was representing James Pryor who is a partner in the LLC who owns the development. The property, when developed, will have five single family ranch style houses; however, under city code, only four driveways are allowed from the private drive. The driveway for the fifth house must enter from 37th A venue requiring a 30 foot setback from the street to the garage. This would not allow for a garage adequate for storage and handicapped accessibility. The houses will not have basements. A 3 foot administrative variance was granted; however, another 6 feet is needed to construct the desired 24' x 26' garage. The houses are pre-manufactured and carmot be changed at this time. He did not realize at the time the houses were ordered that a fifth driveway could not be built offthe private drive. The garages will be built after the houses are in place. Meredith Reckert commented that the 10-foot easement on the north could be researched to find out whether or not 5 feet could be vacated thereby reducing the amount of variance required by the applicant. Mr. Kaufman stated that he could not afford to wait until the Board meets in another month to find the outcome of the easement issue and pay Board of Adjustment 07-28-05 - 5 - the $5000/month in interest payments so he requested that a decision be made by the Board tonight. Upon a motion by Board Member HOVLAND and second by Board Member ABBOTT 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-05-14 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- 05-14 be, and hereby is, approved. Type of Variance: A 9 foot variance from the required 30 foot front yard setback resulting in a 21 foot front yard setback for property zoned Residential-One C. For the following reasons: 1. The character of the neighborhood would not change substantially as it is a relatively dense area with small setbacks. 2. The garage, as required for access to 3ih Avenue, creates a unique situation in that the depth does not fit without necessitating a variance. With access into the cul-de-sac or lane, this would not have been an issue. Board Member BLAIR stated that he would support the motion for the reasons stated, especially since there would have been no problem if access for the fifth house would have been allowed from the private lane. Board Member ABBOTT stated that the subdivision has many substandard situations. Further, this setback would cause no distinguishable detriment to the neighborhood. The motion failed by a vote of 4-2 with Board Members HOWARD and DRDA voting no. Chair DRDA advised the applicant his request for variance had been denied. Board of Adjustment 07-28-05 - 6 - 5. CLOSE THE PUBLIC HEARING Chair DRDA closed the public hearing portion of the meeting. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. New amendments relatin!!: to parkin!!: re!!:ulations - Meredith Reckert advised that copies of the new parking regulations would be provided to Board members at the next meeting. B. Nei!!:hborhood Revitalization Stratel!:V - Meredith Reckert advised the Board that City Council approved the Neighborhood Revitalization Strategy. A. Approval of minutes - Mav 26. 2005 It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes of May 26, 2005 as presented. The motion passed unanimously. 8. ADJOURNMENT It was moved by Board Member BLAIR and seconded by Board Member HOWARD to adjourn the meeting at 10:00 p.m. The motion passed unanimously. NI/~ Paul Drda, Chair ~(~~ Ann Lazzeri, Recording Secretary Board of Adjustment 07-28-05 - 7 -