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HomeMy WebLinkAbout08/26/2004 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting August 26, 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 Chambtlrs of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Janet Bell Bob Blair Paul Hovland Bob Howard James Molnar Members Absent Bill Echelmeyer Paul Drda Staff Present: Meredith Reckert, Sr. Planner JeffHirt, Planning Technician Ann Lazzeri, Recording Secretary The following is the official set of Board of Adjustment minutes for the public hearing of August 26,2004. A set of these minutes is retained both in the office ofthe 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-04-04: An application filed by Manuel and Heidi Marfil for approval of a 3-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Residential-One A and located at 2900 Webster Street. The case was presented by JeffHirt. He advised the Board there was jurisdiction to hear the case. He entered all pertinent documents into the record which were accepted by Chair BLAIR. He reviewed the staff report and digital presentation and explained that, due to the fact this request is for a 10% or less variance, this request could have been approved administratively. However, since two relevant Board of Adjustment 08/26/04 - 1 - letters of objection were received, the code requires the case to come before the Board of Adjustment. Staffrecommended approval of the variance for reasons outlined in the staff report. Heidi Marfil 2900 Webster Mrs. Marfil, the applicant, was sworn in by Chair BLAIR. She stated that the existing single car garage will not accommodate their vehicle (a pickup truck with extended cab) because the fireplace chimney juts into the garage and the garage is too small. They wish to add an attached garage which would allow room to park their vehicle and leave room for her husband to exit the vehicle and enter the house without having to go outside in the elements. Her husband is totally blind and has fallen on the ice while walking outside from the vehicle into the house. The garage would eliminate the necessity of parking their extended cab pickup truck in the driveway. She stated that parking the truck in the driveway presents a greater hindrance to the neighbor's view of the park than would the proposed . garage (as this pertains to one of the letters of objection). Bill Mentgen All Trade Services, Inc., Golden, CO Mr. Mentgen, builder for the applicant, was sworn in by Chair BLAIR. He submitted photographs into the record for the Board's review. He stated that several options were reviewed for the proposed garage. The garage could not be extended toward the back because of an existing swimming pool and a side-load garage would not provide sufficient turning radius for the truck. The most desirable location for the garage necessitates the need for a 3- foot variance. In response to a question from Board Member ABBOTT, Mr. Mengten explained that interior access is planned from the new garage into the old garage which will be renovated into a laundry and mud room. He also explained that once the garage is built, the entire house and garage would bc finished with traditional stucco. In response to a question from Board Member MOLNAR, Mr. Mentgen stated that no consideration has been given to removing the above-ground swimming pool in order to make room for the garage. In response to a question from Board Member HOWARD, Mr. Mentgen stated that he has planned to build a three-car garage in order to allow sufficient room for Mr. Marfil to have a clear path into the house and allow storage space for lawn equipment, etc. There would also be space for a second car. Chair BLAIR asked when staff became aware of the applicant's plans to build a three-car garage. Mr. Hirt stated he was not aware of those plans until this - 2- Board of Adjustment 08/26/04 meeting; however, there is sufficient room to build a 3-car garage within the required side yard setbacks. In response to questions from Board Member ABBOTT, Mr. Mentgen and the applicant stated that they would be willing to leave the third bay of the garage within the 30-foot setback. Chair BLAIR asked if there were any present who wished to address the Board. The following individuals responded: Jan Croom 2910 Webster Ms. Croom was sworn in by Chair BLAIR. She lives next door to the applicant. She stated that the three-foot variance would block her view to the park. She also objected to plans for a three-car garage and the stucco finish. Board Member ABBOTT asked Ms. Croom if she would still object if the third bay is built within the setback requirement. Ms. Croom replied that it would make no difference in her objection. Board Member BELL suggested that the truck being parked in the Marfil's driveway presents a greater obstruction to Ms. Croom's view than a three-foot variance would present. Ms. Croom replied that the truck isn't always parked there. Suzanne Wilson 2915 Webster Ms. Wilson was sworn in by Chair BLAIR. She expressed her objection to the application. She stated her belief that the addition of the garage and the stucco finish will diminish property values in the neighborhood of brick homes. JeffHirt submitted photographs from the applicant which depict other homes in the immediate neighborhood (on Webster and Vance). Some of these homes have finishes other than brick. Board Member ABBOTT clarified that the applicant has the legal right to build a three-car garage and apply a stucco finish. The Board's only authority is to determine whether or not to allow the three-foot variance. Linda Eckerds Green Mountain Ms. Eckerds was sworn in by Chair BLAIR. She commented that her neighborhood consists of brick homes. Some homeowners are updating their homes with stucco finish which she believed improved and updated the neighborhood. Board of Adjustment 08/26/04 - 3 - Suzanne Wilson returned to the podium to say there is no comparison between their neighborhood and Green Mountain. She also commented that changing a brick house to a stucco house is a big waste. Chair BLAIR commented that the house directly east of the applicant has a stucco finish. Board Member ABBOTT inquired about the depth of the garage. Mr. Mentgen stated the garage depth is planned to be approximately 21.7 feet. The common depth for garages on new homes is 24 feet. He commented that larger garages are required to accommodate larger vehicles that are popular today. Board Member HOVLAND reminded those present that the Board's Authority extends to the front yard setback variance only and not the finish of the house, etc. Board Member ABBOTT asked if the garage addition could be extended into the existing garage to eliminate the need for a variance. Mr. Mentgen stated that every engineering calculation failed with this scenario because it would necessitate removal of a structural wall. He also stated that he studied every possibility to avoid the necessity of asking for a variance. In response to a question from Board Member HOVLAND, Mr. Mentgen stated that it is necessary to have at least five feet between the garage and swimming pool for excavation purposes. Board Member HOVLAND commented that it seemed the inconvenience has been caused by the swimming pool. Board Member ABBOTT suggested that the swimming pool could be moved. Meredith Reckert commented that the builder is attempting to provide the closest path to the indoor garage entrance for Mr. Marfil. Board Member BELL commented that she did not believe three feet would constitute a major barrier to the neighbor's view adjacent to West 29th Avenue. There would still be a 27- foot setback to the street on one side. The side yard would still have a 10-foot setback. Further, one of the major issues in the request is to accommodate a person with a disability. For these reasons, she stated her support for the application. Upon a motion by Board Member BELL and second by Board Member ABBOTT the following resolntion was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment 08/26/04 -4- Whereas, Board of Adjustment Application Case No. W A-04-04 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 two relevant letters of objection received about the request; 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-04-04 be and hereby is approved. Type of Variance: A 3-foot front yard setback variance from the 30-foot front yard setback requirement resulting in a 27-foot front yard setback for property zoned Residential-One A and located at 2900 Webster Street. For the following reasons: 1. The request would result in the reasonable accommodation for a person with a disability. Constructing a garage that allows for direct access into the house from the vehicle would be beneficial to the individual with the disability. 2. The request would not alter the essential character of the locality if constructed of material consistent or blending with the existing house and surrounding area. 3. The request would not be detrimental to the public welfare or injurious to other property in the area. There may be a slight decrease in the supply oflight and air; however, addition of an attached garage will eliminate the necessity for the property owners to park their vehicle in the driveway and/or the street which would then also be an obstruction if allowed to continue. 4. It has been determined that there are no other feasible alternatives for . placement of the garage to accommodate the needs of the person with the disability. With the following condition: 1. The materials of the proposed attached garage shall be consistent with the general character of the area, including the surrounding streets, and with existing houses in the surrounding area. Board of Adjustment 08/26/04 - 5 - Board Member ABBOTT offered a friendly amendment to add a condition that the third bay to the north not be allowed the 3-foot variance. This condition was accepted by Board Member BELL. In response to a question from Chair BLAIR, Board Member BELL explained that, while driving through this neighborhood, she observed that it is not an entirely brick neighborhood. There is brick, a combination of materials, wood or clapboard and stucco finishes. The motion failed 4-2 with Board Member HOVLAND and MOLNAR voting no and Board Members ECHELMEYER and DRDA absent. Chair BLAIR advised the applicants that their request for variance was denied. Mrs. Marfil asked if a side-loading garage could be built as long as it is within required setbacks. She was advised that this would be permissible. 5. CLOSE THE PUBLIC HEARING Chair BLAIR closed the public hearing portion of the meeting. (Chair BLAIR declared a brief recess at 8:45 p.m. The meeting was reconvened at 8:55 p.m.) 6. OLD BUSINESS . JeffHirt responded to a question raised at the last Board meeting regarding a variance granted in 1982 per Case No. WA-82-37 to build a carport. Upon investigation, it was found that a subsequent variance had been granted in per Case No. W A-84-31 to allow the carport to be enclosed and converted to a garage. It was determined that stafffollowed the appropriate steps in allowing the garage to be in its current state. 7. NEW BUSINESS . Approval of Minutes - It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to approve the minutes of July 22, 2004 as presented. The motion passed unanimously. . Board Member HOWARD referred to the northwest corner of 46th and Harlan. He expressed concern that there is less than the 1500- foot separation between car lots at this location. Meredith Reckert stated that, following proper procedures of holding neighborhood meetings and posting, an administrative decision was made to allow less than the 1500-foot separation via a special use permit. - 6- Board of Adjustment 08/26/04 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to adjourn the meeting at 9:00 p.m. The motion passed unanimously. ~ Robert Blair, CHAIR A~ Board of Adjustment 08/26/04 -7 -