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HomeMy WebLinkAbout06/24/2004 CITY OF WHEAT RIDGE BOARD. OF ADJUSTMENT Minutes of Meeting June 24, 2004 ORIGINAL 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BLAIR at 7:30 p.m. in the Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Janet Bell Bob Blair Paul Drda Bill Echelmeyer Paul Hovland Bob Howard James Molnar Staff Present: JeffHirt, Planning Technician Meredith Reckert, Sr. Planner Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of June 24, 2004. 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-04-03: An application filed by Crawford Holding Corp. for the Estate of Rosemary and Pete Ricci for approval of a 206 square foot variance from the 9,000 square foot minimum lot area requirements to allow a two-family dwelling unit on property zoned Residential-Three and located at approximately 3821 Otis Street. The case was presented by Jeff Hirt. He advised the Board there was jurisdiction to hear the case. 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 06/24/04 - I - In response to a question from Chair BLAIR, Mr. Hirt explained that staff recommended denial in this case based on the conclusion that the application presented a self-imposed hardship. The lot could be utilized for a single-family dwelling without a variance. In response to a question from Board Member ABBOTT, Ms. Reckert explained that setbacks would remain the same for either a single or two-family dwelling. Board Member DRDA commented that a two-family dwelling would violate the Comprehensive Plan. Mr. Hirt replied that the application would represent ten dwelling units per acre and the Comprehensive Plan calls for four. Keith Gantenbein 8106 Drew Hill Rd., Golden Mr. Gantenbein, was sworn in by Chair BLAIR. Mr. Gantenbein plans to purchase and develop the subject property. He submitted a copy ofthe plans for the two-family dwelling proposed in the application for the Board's review. He stated the reasons for requesting the variance. First of all, the location of the lot is not suitable for a single-family dwelling. There is commercial and multi-family building in the immediate area. Secondly, the option of going through the subdivision plat process would not be feasible in terms of time and money. Board Member HOVLAND asked for clarification regarding the correct lot size. Ms. Reckert stated that the correct lot size is 8,794 square feet. Board Member BELL inquired about the circumstances involved to cause Otis Street to be curved in this location. Ms. Reckert stated that this was done some time during the 1940's or 1950's before the city was incorporated and it is not known what reasoning was used at that time. A survey was requested because of the skewed size of the lot. Board Member ECHELMEYER expressed concern that the applicant could build something other than what is shown in the plans submitted during the meeting. He referred to a previous Board of Adjustment case where the Board's recommendations were not followed. Mr. Gantenbein stated that, should the variance be approved, he would agree to a condition requiring the building to correspond to those plans submitted during the meeting. Board Member BELL stated that she could not find a hardship in this case because the lot is suitable for a single family dwelling and there are other avenues to pursue as far as building a two-family dwelling. Board of Adjustment 06/24/04 - 2- In response to a question from Board Member ECHELMEYER, Ms. Reckert stated that the subject area is not in an urban renewal area. Ms. Reckert explained that a zone change would require a planned residential development to build on the property. Another option would be to adjust the lot line to enlarge the lot to allow the two-family dwelling without a variance. Board Member ABBOTT asked if irregularly shaped lots could be considered a hardship. Meredith Reckert stated that this usually applies to setback variance requests on irregularly shaped lots. Staff did not conclude that there was any problem in that regard for this application. Art Coltrin 10560 West 35th Avenue Mr. Coltrin was sworn in by Chair BLAIR. Mr. Coltrin is the present owner of the subject lot and the adjacent property to the north. He urged the Board to approve the variance. He did not believe the property is suitable for a single- family dwelling. Board Member BELL suggested that, since Mr. Coltrin owns both pieces of property, another option would be to adjust the lot line between the two lots, making the subject lot large enough for a two-family dwelling. In response to a question from Mr. Coltrin, Ms. Reckert stated that the lot line adjustment process would take approximately two months. Barbara Coltrin 10560 West 35th Avenue Mrs. Coltrin was sworn in by Chair BLAIR. She is the personal representative for the estate in which the subject property is involved. She asked the Board to approve the application. In response to a question from Board Member HOWARD, Mr. Hirt stated that no objections to the proposal have been received by the city. Upon a motion by Board Member BELL and seconded by Board Member MOLNAR the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Boardof Adjustment Application Case No. W A-04-03, is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment 06/24/04 - 3 - 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-04-03 be, and hereby is, denied. Type of variance: A 206 square foot variance from the 9,000 square foot minimum lot area requirement to allow a two-family dwelling unit on property zoned Residential-Three and located at approximately 3821 Otis Street. For the following reason: 1. The property will continue to have a viable use. Board Member ABBOTT offered the following friendly amendment to the reasons for denial: 2. There is a means to acquire the additional 206 square feet because there is a common owner ofthe subject lot and the lot to the north. The amendment was accepted by Board Member BELL. Board Member MOLNAR stated that he would not accept the amendment because he was concerned that should the property be sold in the future, this could present a problem for future property owners. Board Member DRDA then seconded the motion and a vote was taken. The motion for denial passed 8-0. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion of the meeting. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS . Board Member ABBOTT asked the staffto research Board Member ECHELMEYER's comments about 3694 Chase Street where he believed the Board's recommendations were not complied with. - 4- Board of Adjustment 06/24/04 Ms. Reckert stated she would look into this matter and report back to the Board. . Approval of Minutes - It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes of May 20, 2004 as presented. The motion passed unanimously. 8. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 8:25 p.m. '- ~~~~ Ann Lazzeri, Secretary Robert Blair, CHAIR Board of Adjustment 06/24/04 - 5- PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT June 24, 2004 Please sign this roster if you wish to speak on any subject not appearing on the agenda. (Public comment may be limited to three minutes) (Please print) Name Address