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HomeMy WebLinkAbout07/22/2004 ; . CITY OF WHEAT RIDGE BOARD.QF ADJUSTMENT Minutes of Meeting July 22, 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 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 Members Absent Bill Echelmeyer James Molnar Staff Present: Meredith Reckert, Sr. Planner Travis Crane, Planner JeffHirt, Planning Technician Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of July 22, 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-04-05: An application filed by Jefferson County Housing Authority for approval of a waiver of Section 26-502.E.l (landscaping buffering for parking lots), specifically the requirement of a six- foot-high view-obscuring fence on property zoned Commercial-One (C-I) and located at 7490 West 45th Avenue. The case was presented by Travis Crane. He advised the Board there was jurisdiction to hear the case. He entered all pertinent documents into the record Board of Adjustment 07/22/04 - 1 - and reviewed the staff report and digital presentation. Staff recommended approval of the variance for reasons outlined in the staff report. Waiving the requirement for a 6-foot view-obscuring fence would allow views into the adjacent Apel Bacher Park as well as allow pedestrian access into the park from the applicant's parking lot. The applicant has offered to allow use of their parking lot to park visitors during non-business hours and would also allow the nearby church to use the lot for overflow parking on Sundays. In response to a question from Board Member BLAIR concerning access to the park, Mr. Crane stated that low growing shrubs planned for the six-foot landscape buffer would allow spaces for pedestrian access through the buffer into the park. Board Member ABBOTT suggested that a formal sidewalk be installed for pedestrian access. Board Member BELL commented that the open landscape buffer would provide greater safety in terms of views into the park for law enforcement purposes. Board Member HOVLAND commended the applicant for offering parking for park visitors and did not believe the Board should impose a condition requiring construction of a sidewalk. Alan Feinstein 7770 West 1l0'b Avenue, Westminster Mr. Feinstein, Director of Jefferson County Housing Authority, was sworn in by Chair BLAIR. He stated that, in addition to allowing use of the parking lot by park visitors and church attendees, the building's meeting room will be available for use by community groups. In response to a question from Board Member HOWARD, Mr. Feinstein stated the building would house fifteen employees. In response to a question from Board Member DRDA, Mr. Feinstein stated that landscaping plans call for low-growing shrubs with enough space in between for pedestrian access. Board Member ABBOTT discussed placing a condition of approval to guarantee that the applicant would always allow access to the park from the parking lot. Board Member BELL stated that the benefit of having no fence far outweighs any other matters in this case and she did not believe such a condition should be placed on the applicant. Board of Adjustment 07/22/04 - 2- Board Member DRDA stated that he would favor Board Member ABBOTT's suggestion for a condition in order to provide perpetuity as long as the Jefferson County Housing Authority is in this location. Board Member HOVLAND commented that the issue at hand does not involve access to the park, but only whether or not the fence requirement should be waived. Chair BLAIR asked if there were any present who wished to address this matter. There was no response. Upon a motion by Board Member BELL and second by Board Member HOVLAND 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-04-05 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-04-05 be and hereby is approved. Type of Variance: Waiver of Section 26-502.E.I (landscaping buffering for parking lots), specifIcally the requirement of a six-foot-high view-obscuring fence on the east property line of property zoned Commercial-One (C-I) and located at 7490 West 45'b Avenue. For the followiug reasons: 1. There would be a benefIt derived by the neighborhood if this request were granted. Patrons of the park could utilize the parking area of the subject parcel during non-business hours and have unobstructed access to the park. 2. Granting of this request will create a more seamless transition between the subject parcel and the park. The lack of a six-foot fence will give the appearance of cohesiveness between the subject parcel and the park and will also provide for visual access for safety. Board of Adjustment 07/22/04 - 3 - 3. Grantiug of the request will not be injurious to other properties in the area. 4. While the request itself is a self-created hardship, the benefIts to be derived by the neighborhood, and not the applicant, outweigh the effects of the view-obscuring fence. The motion passed 5-1 with Board Member DRDA voting no and Board Members ECHELMEYER and MOLNAR absent. (Chair BLAIR declared a brief recess at 8:25 p.m. The meeting was reconvened at 8:30 p.m.) B. Case No. W A-04-06: An application filed by Joe Stout for approval of a 23 1/2 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 6 1/2 foot side yard setback for property zoned Residential-Two (R-2) and located at 6400 West 46th Avenue. 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 approval of the variance for reasons outlined in the staff report. Joe Stout 6400 West 46'b Avenue Mr. Stout was sworn in by Chair BLAIR. He explained that the variance would allow him to build a garage without removing shade trees and also preserve space in the back yard. He stated that this is the only house in the neighborhood without a garage and that all of his neighbors have expressed their approval of his plans. Board Member BELL commented that the proposed garage would be in character with other homes in the area and would, in fact, be an improvement since the garage is planned to be set back a way from the corner. Board Member BLAIR commented that the garage would be an improvement over the 6- foot fences placed very close to the street in the area. Chair BLAIR asked if there were any present who wished to address this matter. There was no response. Board Member DRDA commented that there are other locations on the property to build a garage without the need for variance. He stated that he could not find a hardship in this case. Board of Adjustment 07/22/04 -4- Board Member ABBOTT agreed that a hardship was not present, although he agreed that the application would be in character with the neighborhood. Board Member BELL asked if there were other avenues available to the applicant such as rezoning. Ms. Reckert stated that a planned development where setbacks can be modified could be applied for but it is a very expensive process. Board Member BELL referred to the variance granted in 1982 to the house "kitty corner" from the applicant. Board Member BELL asked if a hardship was found in this case. Ms. Reckert referred to minutes from that case that indicated approval was for a carport (which has since been enclosed). A hardship was found due to utility wires and trees on the property. Board Member BELL commented that trees and utilities on the applicant's property then seems to be a hardship. Ms. Reckert commented that the openness of a carport as opposed to a garage may have been a factor in the approval. The applicant indicated he did not want to build a carport and, further, jfthe variance were not granted, it would be necessary to place his home on the market and move. Upon a motion by Board Member DRDA and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an admiuistrative officer; and Whereas, Board of Adjustment Application Case No. W A-04-06 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 not be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governiug the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. W A-04-06 be, and hereby is, denied. Type of Variance: A 23 1/2 foot side yard setback variance from the 30 foot side yard setback requirement when adjacent to a public street resulting in a 6 1/2 foot side yard setback for property zoned Residential-Two (R-2) and located at 6400 West 46'b Avenue. Board of Adjustment 07/22/04 - 5 - For the following reasons: 1. A signifIcant hardship has not been established. 2. Other conforming arrangements are available to the applicant. The motion for denial passed 5-1 with Board Member BLAIR voting no aud Board Members ECHELMEYER and MOLNAR absent. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion ofthe meeting. 6. OLD BUSINESS . At the June 24'b meeting, Board Member ABBOTT requested a response to Board Member ECHELMEYER's allegations that staff had not followed the Board's recommendation in a case involving 3694 Chase Street. He believed the Board had recommended 40% lot coverage and staff allowed 75% lot coverage in the case. In response, Meredith Reckert clarified that, upon research of records, she could find no action taken by the Board at this address. However, there have been five variances approved in this area and the property she believed Board Member ECHELMEYER referred to was Case No. W A-OI-08 at 2941 Chase Street. This case was a request for an interpretation of building height and building story as well as a request for two side yard setback variances. The application was eventually withdrawn by the applicant and, therefore, no action was ever taken by the Board. A building permit was subsequently issued for construction of a single-family residence meeting all development standards for the R -1 C zone district. 7. NEW BUSINESS . Board Member BELL discussed the possibility of revisiting neighborhoods where many nonconforming situations exist to make some provisions to be able to address situations such as Mr. Stout's. While his plans were in character with the neighborhood and would have been a definite improvement to the area, there was no solid evidence of hardship. She commented she believes a hardship exists when the code is not applicable to neighborhoods that have existed for 50-60 years. Perhaps a change in the ordinance would provide for better quality of life issues as well as appearances of neighborhoods. During discussion, a suggestion was made that perhaps variance criteria need to be reviewed and changes made, if necessary. Board of Adjustment 07/22/04 - 6 - Meredith Reckert stated that nonconforming issues arise nearly every day in the planning department. Staff will investigate possible solutions as discussed by the Board. . Approval of Minutes - It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes of June 24, 2004 as presented. The motion passed unanimously. . Board Member DRDA requested stafflook into the situation where the carport was converted to a garage as mentioned in Case No. W A-04-06. 8. ADJOURNMENT It was moved by Board Member DRDA and seconded by Board Member HOWARD to adjourn the meeting at 9:35 p.m. The motion passed unanimously. '- ~. Ann Lazzeri, se~ Robert Blair, CHAIR Board of Adjustment 07/22/04 -7-