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HomeMy WebLinkAbout08/25/2005 ORIGlNAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting Angust 25, 2005 Members Absent: Daniel Bybee Betty Jo Page 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 Janet Bell Bob Blair Paul Drda Paul Hovland Bob Howard Staff Present: Meredith Reckert, Senior Planner Jeff Hirt, Planning Technician Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of August 25,2005. 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-05-15: An application filed by the Glenn E. Overholt Family Partnership for approval of a 5 foot side yard and 5 foot rear yard setback variance from the 10 foot side yard and 10 foot rear yard setback requirement for detached garages over 8 feet in height for property zoned Residential-Two and located at 3860 Allison 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 denial of the request for reasons outlined in the staff report. - I - Board of Adjustment 08-25-05 In response to a question from Board Member HOYLAND, Mr. Hirt explained that an attached garage could be built in alignment with the existing house which has a 6 foot setback on the north property line; however, a detached garage is required to have a 10- foot setback. Glenn Overholt 3860 Allison Street Mr. Overholt, the applicant, was sworn in by Chair DRDA. He stated he plans to build a detached garage and plans to build it in conformance with the rest of the neighborhood. His house and the other houses in the existing neighborhood have 6 foot setbacks. He would like to build the garage with a 6 foot setback which would be in alignment with his house and in conformance with other situations in the immediate neighborhood. In response to a question from Board Member ABBOTT, Mr. Overholt stated that his house has a 5/12 pitch roof and his proposed garage would have a 4/12 pitch roof. The garage would be 40 feet deep. He plans to park two classic cars in the garage. One of the classic cars is parked on the street and has been the target of vandalism. Mr. Overholt stated that all of his neighbors have expressed their approval of both the garage and the variance. Board Member HOYLAND asked for clarification regarding the amount of variance requested. The application requested 5 foot variance while earlier testimony by Mr. Overholt indicated he desired a 4 foot variance to build the garage with a 6 foot setback. Mr. Overholt stated that a 4 foot variance would be adequate for his purposes. Meredith Reckert commented that it would be permissible for the applicant to reduce the amount of variance he is requesting; however, an increase in a variance request would require additional public notice. Board Member BELL expressed concern about an easement located behind the home. Mr. Overholt explained that there is a 5 foot easement on his property which he assumed was for public utilities. Meredith Reckert agreed that it was probably a public utility easement. The city does not contact owners of easements unless there is an encroachment. The proposed variance would not encroach into the easement. Philip Ricardi 819 6th Street, Golden Mr. Ricardi was sworn in by Chair DRDA. He was representing his parents, Eugene and Gloria Ricardi, property owners to the north of the subject property who were unable to attend the meeting. Mr. and Mrs. Ricardi would be most affected by the proposed garage and they are very much in favor of Mr. Overholt's plans. He pointed out that there is a commercial parking lot directly to the east ofMr. Overholt's property which would facilitate access to the easement Board of Adjustment 08-25-05 - 2- by utility companies. The proposed garage would still be under the maximum building coverage allowed for this lot. In response to a question from Board Member ABBOTT, Mr. Overholt stated that he plans a frame structure with brick veneer. In response to another question from Board Member HOWARD, Mr. Overholt stated that he plans a gable roof for the structure. Board Member HOYLAND commented that a hip roof would have less impact in terms of mass than a gable roof. Board Member HOYLAND stated that he was in favor of granting the variance because neighbors approve and it won't change the character of the neighborhood. Mr. Overholt stated that he would change his request to a 4 foot variance from a 5 foot variance. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, 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-05-15 is an appeal to this Board from the decision of an administrative officer; and Wbereas, 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. WA-05-15 be, and hereby is, approved. Type of Variance: A 4 foot side yard and 4 foot rear yard setback variance from the 10 foot side yard and 10 foot rear yard setback requirement for detached garages over 8 feet in height for property zoned Residential-Two. For the following reasons: 1. Related to the rear yard, there is commercial PCD zoning immediately abutting 3860 Allison to the east, therefore the variance would seem to cause no significant detrimental effect. Board of Adjustment 08-25-05 - 3 - 2. Other detached structures on street are at the older 5 foot setback. 3. The combined setback between 3860 Allison and the house to the north would appear to be approximately 18 feet. 4. The neighbor to the north testified in favor of both variances. With the following conditions: 1. The pitch of the garage roof shall not exceed 6/12 and shall be hip design to match the house and minimize the mass. 2. Related to the side yard, the new structure may not be built closer to the property line than the existing house. 3. The exterior shall be brick veneer. The motion passed 6-0. Chair DRDA advised the applicant his request for variance was granted. 5. CLOSE THE PUBLIC HEARING Chair DRDA closed the public hearing portion of the meeting. 6. OLD BUSINESS . There was discussion concerning a letter received from Edward J. Kaufman whose request for variance was denied at the July meeting. Board Member BLAIR commented that the letter pointed out a problem that exists with the super majority vote requirement when a full Board is not present. He stated his belief that an applicant has the right to a vote of the full Board in light of the super majority requirement. Meredith Reckert stated that staff has added information about the super majority vote requirement to the packet which is given to applicants. The possibility of appointing alternates to serve in a Board member's absence was discussed. . Meredith Reckert informed the Board that Daniel Bybee is planning to resign due to work conflicts. . The Board suggested a review of the bylaws especially in regard to appointment of alternates and starting time of meetings. . New setback requirements put in place in 2003 in relation to established neighborhoods was discussed. 7. NEW BUSINESS A. Approval of minutes - July 28, 2005 Board Member ABBOTT offered the following amendment to the minutes. Page 6, third paragraph from the bottom, should read: Board of Adjustment 08-25-05 -4- "Board Member ABBOTT stated that the subdivision has many substandard situations. Further, this setback would cause no distinguishable detriment to the neighborhood." It was moved by Board Member BLAIR and seconded by Board Member HOWARD to approve the minutes of July 28, 2006 as amended by Board Member ABBOTT. The motion passed unanimously with Board Member BELL abstaining. 8. ADJOURNMENT It was moved by Board Member BLAIR and seconded by Board Member ABBOTT to adjourn the meeting at 9:00 p.m. The motion passed unanimously. rda, Chair (!~ (~~ Ann azzeri, Recording S re ry - 5 - Board of Adjustment 08-25-05