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HomeMy WebLinkAbout09/22/2005 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting September 22, 2005 1. CALL THE MEETING TO ORDER The meeting was called to order by Acting Chair Blair 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 Hovland Bob Howard Betty Jo Page Members Absent: Daniel Bybee Janet Bell 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 September 22, 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 Acting Chair BLAIR stated that with only five members present, four affirmative votes would be required to grant a variance. He informed the applicants that they had the right to request a continuance if they wanted their cases to be heard when more members were present. There was no response from either applicant. A. Case No. W A-OS-17: An application filed by Jerry Roach for approval of a partial waiver of Section 26-502 (Landscaping Requirements) for the property zoned Restricted Commercial and located at 7331 West 44th Avenue. Board of Adjustment 09-22-05 - 1 - Prior to his presentation, JeffHirt entered a letter from the applicant into the record. A copy of this letter was provided to each Board Member and also made a part of the case file. After the Board had opportunity to review the letter, Mr. Hirt entered all pertinent documents into the record which were accepted by Chair BLAIR. He advised the Board there was jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff recommended denial of the request for reasons outlined in the staff report. The applicant is planning to build a 2,700 square foot addition to an existing commercial structure. With these proposed changes there are required landscaping improvements under the Code. Board Member HOWARD commented that the applicant could have applied for a zone change to Planned Commercial Development. Meredith Reckert explained that zoning is in place to allow the addition and therefore the applicant could not . be required to rezone to a Planned Commercial Development, even though staff would have preferred it. There would be more flexibility with landscaping under aPCD. Jerry Roach 7331 West 44th Avenue Mr. Roach, the applicant, was sworn in by Chair BLAIR. He stated that his original plans called for a six-foot landscape buffer in front of the fence on the northern boundary ofthe property. He and his architect were then told that the buffer was not necessary because of the six-foot fence. In response to a question from Board Member BLAIR, Mr. Roach stated that he could not recall the name of the person who gave that information during one of several meetings he attended with the city and fire department. Mr. Roach disagreed with the staff report that landscaping in front of the existing building was nonconforming because he received a variance for the landscaping in 1981. He stated he would be providing more landscaping in front than required by the city while many neighboring properties do not seem to take pride in landscaping. He provided photos ofthose properties. He offered to add additional landscaping at the corner of 44th and Vance at the other end ofthe building. Board Member ABBOTT suggested that it would be advantageous to Mr. Roach and the city ifhis two lots were combined. Mr. Roach stated that a land surveyor is presently looking into this. Meredith Reckert commented that, while combining the lots would help to more effectively deal with parking and landscaping issues, the six-foot buffer strip at the rear of the property would still be required. In order to accommodate fire access around the rear of the building Board of Adjustment 09-22-05 -2- as configured, the 6 foot wide required buffer needs to be waived by the Board of Adjustment. This buffer cannot be administratively waived by staff. Board Member ABBOTT asked the applicant ifhe would consider continuing the case in order to give more time to work out parking and landscaping issues. Mr. Roach indicated that he would prefer not to delay building construction because of approaching winter weather. Chair BLAIR asked if there were any present who wished to address this case. There was no response. Upon a motion by Board Member ABBOTT and second by Board Member PAGE, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-OS-17(A) 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. WA-OS-17(A) be, and hereby is, approved. Type of Variance: A partial waiver of Section 26-502 (Landscaping Requirements) specifically related to the required 6 foot wide landscape buffer along the northern property line for property zoned Restricted Commercial. For the following reasons: 1. The full six-foot buffer in this location would seem to serve no practical purpose as to the intent of the ordinance. 2. The inclusion of the full six-foot landscape buffer precludes the required twenty-foot drive path around the north side of the building addition as required by the fire department. With the following conditions: - 3 - Board of Adjustment 09-22-05 1. Any property remaining along the north property line of 7331 W. 44th Avenue after provision of the required fire department access required parking dimensions will require landscaping. Board Member HOVLAND commented that the building seemed to be too deep to accommodate buffering and parking. He asked if the building was redesigned to be larger when the applicant thought the landscaping buffer was not required. Mr. Roach replied that the initial plan was drawn up with space for the landscape buffer. After meeting with the fire department where he was told he didn't need the buffer because of the six-foot fence, he and the architect proceeded on that basis. The motion failed 3-2 with Board Members HOWARD and HOVLAND voting no. Chair BLAIR advised the applicant that his request regarding the landscape buffer along the north property line was denied. Upon a motion by Board Member HOVLAND and second by Board Member PAGE 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-OS-17(B) 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 Case No. W A-OS- 17(B) be, and hereby is, approved. Type of Variance: A partial waiver of Section 26-502 (Landscaping Requirements) specifically related to the ten-foot landscape requirement abutting 44th Avenue for property zoned Restricted Commercial. For the following reasons: Board of Adjustment 09-22-05 - 4- 1. The variance does not alter the essential character of the neighborhood as there is currently angled parking adjacent to the street. 2. It would not be detrimental to the public welfare and, as designed, the landscaping that the applicant has included can be perceived as a possible benefit to the neighborhood by increasing some of the landscaping as seen from the public view. Board Member ABBOTT offered the following friendly amendment: Reason No.3: It is not in the best interest of the city or its citizens that this commercially zoned property remain a vacant, paved and otherwise unimproved parcel. The amendment was accepted by Board Members HOVLAND and PAGE. Board Member HOVLAND requested an amendment to add two conditions to his motion as follows: 1. Landscaping will be required as shown on the review with planters and trees as approved by the city. 2. Parking spaces in front that lack adequate depth must be addressed and approved by the city. Board Member PAGE agreed to the amendment to add the two conditions. Board Member ABBOTT offered another friendly amendment as follows: Condition No.3: Landscaping ofthe 171 square foot triangle at the corner of 44th and Vance, as proposed in the applicant's letter, be required. The amendment was accepted by Board Members HOVLAND and PAGE. The motion passed 5-0. (The meeting was recessed from 9:10 to 9:17 p.m.) B. Case No. W A-OS-18: An application filed by Michael Pusateri for approval of an 8 foot rear yard setback variance from the 15 foot rear yard setback requirement for a swimming pool on property zoned Residential One and located at 3201 Nelson Street. This case was presented by Jeff Hirt. He entered all pertinent documents into the record which were accepted by Chair BLAIR. He advised the Board there was Board of Adjustment 09-22-05 - 5 - jurisdiction to hear the case and reviewed the staff report and digital presentation. Staff recommended approval of the request for reasons outlined in the staff report. In response to a question from Board Member HOWARD, Meredith Reckert explained that the easement referred to in the staff report is an 8- foot utility and drainage easement. The pool would encroach into the easement by one foot. Approval from appropriate parties would be required for this encroachment to occur. Michael Pusateri 3201 Nelson Mr. Pusateri, the applicant, was sworn in by Chair BLAIR. He is requesting an 8- foot rear yard setback to build a 16-foot by 36-foot swimming pool. In reply to a question from Board Member PAGE, Mr. Pusateri stated that there is a sump pump that would pump any water away from the perimeter ofthe property. Kyle Lynch 1621 Iris Street, Lakewood Mr. Lynch, the applicant's contractor, was sworn in by Chair BLAIR. In response to a question from Board Member ABBOTT, Mr. Lynch stated that any overflow from the pool would be accommodated by a sump pump. He also stated that, from a structural standpoint, the pool could be built no closer than four feet from the house. Chair BLAIR asked ifthere were others present who wished to address this case. There was no response. 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-OS-18 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. Board of Adjustment 09-22-05 - 6 - Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-OS-18 be, and hereby is, approved. Type of Variance: An 8-foot rear yard setback variance from the IS-foot rear yard setback requirement for a swimming pool on property zoned Residential One. For the following reasons: 1. The request will have a minimal effect on the essential character of the locality. 2. There are very limited options for placement of a swimming pool of the size proposed without the need for a variance or variances. The property is a corner lot and thus subject to more stringent setback requirements. Without the benefit of the variance, the pool could only be eight feet wide. 3. The intent of the classification of swimming pools as structures subject to setback requirements is more applicable to above-ground pools. The applicant is proposing an in-ground pool. 4. The pool can be located no closer to the house due to structural piers on the house itself. S. A letter of approval for the variance was received from a representative of the Applewood Reserve Subdivision. With the following condition: 1. The pool shall be in-ground and not be an above-ground pool. 2. This variance acknowledges the one-foot drainage easement encroachment and final approval is subject to review by City of Wheat Ridge Department of Public Works. The motion passed 5-0. S. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS . Approval of minutes - August 25, 2005 Board of Adjustment 09-22-05 - 7 - Board Member BLAIR requested the following amendment to the minutes: Board Member Howard should be listed as present at the August 25, 2005 meeting. It was moved by Board Member HOWARD and seconded by Board Member PAGE to approve the minutes of August 25, 2005 as amended. The motion passed unanimously. . JeffHirt reported that Janet Bell is working on changes to the Board's bylaws regarding appointment of alternates and has asked that Board members e-mail any suggestions to her. Meredith Reckert commented that she is also working on Section 2-61 of the Codes of Laws relating to Board of Adjustment powers and duties. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to adjourn the meeting at 9:40 p.m. \ ~6PLR'A - Bob Blair, Acting Chair /) /l y/ ~DJ~~':J Ann Lazzeri, Recordin e etary - 8- Board of Adjustment 09-22-05