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HomeMy WebLinkAbout03/28/2002 ORIGJNAl CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting March 28, 2002 1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice-Chair MONTOYA at 7:30 p.m. on March 28,2002 in the city council chambers of the municipal building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Paul Drda Bill Echelmeyer Paul Hovland Bob Howard Jerry Montoya Kent Young (Michelle Brown resigned from the Board prior to this meeting) Staff Present: Alan White, Planning Director Travis Crane, Planner Mike Pesicka, Planner Cindy Hagerman, Code Enforcement Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of March 28,2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. W A-02-01: An application submitted by Craig and Paula Corbin for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. This case was presented by Mike Pesicka. He reviewed the staff report and presented slides and overheads of the subject area. All pertinent documents, including the plot plan, were entered into the record. Also entered into the record was a letter of support from Delmar Coffman who resides at 9473 West 37th Place. Vice Chair MONTOYA Board of Adjustment 03-28-02 Page 1 read the Coffman letter into the record as follows: To Whom It May Concern: Re: Property west of our house at 38th and Hoyt. We understand there will be a hearing regarding this property and it should be a two- family dwellinr The properties on the north side of 37th Place which takes in 9483 West 37t are all zoned R-2. There should be no question of not having two- family residences at 9483 West 37'h Place. These two families now living there are quiet and good neighbors. They are so quiet that, unless one sees them out, one would believe the house was empty. Our backyard is joining their backyard of two duplexes on 38th Avenue. They also have been rented to two families each without any difficulties. Please consider granting the permitfor 9483 West 37'h Place to the Corbins to continue to have a two-family dwelling. It is rare to have good neighbors in these days and we would like to keep them. Sincerely, Delmar Coffman, MD and Ava Jane Coffman. Staff recommended approval of the request for reasons outlined in the staff report. In response to a question from Board Member HOWARD, Mr. Pesicka stated that the house was built in 1958. If the application to legalize the second living unit is approved, an address would be created for the second unit of9483 West 37'h Place. Board Member HOVLAND expressed concern about the lack of parking. Board Member DRDA asked how long the residence has been used as a two-family residence. Mr. Pesicka stated that no such records could be found. The structure could have been used as a two-family unit before Wheat Ridge was incorporated. Craig and Paula Corbin Craig and Paula Corbin, the applicants, were sworn in by Vice Chair MONTOYA. Mr. Corbin stated they were unaware of any problem until they received notice from the City that they were in violation. The property had been presented to them by a realtor as a two-unit income property with two separate addresses. They produced evidence consisting ofthe real estate listing for the property. This listing was entered into the record and made a part ofthe case file. He testified that the second living unit in the basement is half the size of the main floor. His son presently resides in the second living unit. Clinton Corbin Mr. Corbin, son of the applicants, was sworn in by Vice Chair MONTOYA. He stated that he has been using the second mailbox; however, he received no mail for any previous tenants. He also stated there was off street parking for this second unit. Craig Corbin testified that he has contacted an attorney in regard to the false information on the real estate listing. Board Member ABBOTT requested that staff contact the realtor Board of Adjustment 03-28-02 Page 2 to express concern about the misrepresentation of this property. Cindy Hagerman Cindy Hagerman, the city's zoning enforcement officer, appeared before the Board. Board Member Echelmeyer asked if she had encountered similar circumstances in the past. Ms. Hagerman stated that she has encountered a few similar circumstances and they are turned over to the Planning Department. Vice Chair MONTOYA asked ifthere were others present who wished to address this matter. Hearing no response, he closed the public hearing portion of the case. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, 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-02-01 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-02-01 be, and hereby is, approved. Type of Variance: Request for approval of a 548 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned Residential-Two (R-2) and located at 3760 Hoyt Street. For the following reasons: 1. It has been testified that the hardship was not created by the present owner. A copy of sales listing information seeming to indicate the existence of a second unit was submitted by the applicant to the Board. 2. Staff has indicated that the variance would not be detrimental to the public welfare or injurious to other properties. A legal duplex does occur immediately adjacent to the north. The second unit would not impair the adequate supply of light and air to adjacent properties. The second unit would not substantially increase congestion on the public streets, endanger the public safety nor increase the danger of fire. Board of Adjustment 03-28-02 Page 3 3. There was a letter requesting approval submitted from the immediate neighbor at 9473 West 37th Place. 4. This is an approximate 4% lot coverage variance request. 5. Dissolution of this request would not result in a decrease of existing lot coverage. 5. The basement apartment covered by this decision is one-halfthe floor area of the first floor apartment. The apartment in the basement is a one-bedroom unit. With the following conditions: 1. The current size of the second unit, including sleeping capacity, may not be increased from the current one bedroom. 2. The City may impose such requirements related to creating a legal second family unit as they see fit to make sure the unit is safe. 3. The County will be informed by the City as to the existence of the second unit use. The motion passed 7-0. 5. CLOSE THE PUBLIC HEARING Vice Chair MONTOYA declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Minutes of October 25. 2001: It was moved by Board Member HOWARD and seconded by Board Member HOVLAND to approve the minutes of October 25, 2001 as presented. The motion passed unanimously. B. Election of Chair and Vice Chair - Jerry Montoya was elected Chair and Tom Abbott was elected Vice Chair. C. Comments from Board Members - Board Member ABBOTT expressed appreciation to Alan White for his letter explaining the reasons for the decrease in Board of Adjustment cases. Board of Adjustment 03-28-02 Page 4 Board Member DRDA asked if a determination had been made as to whether variances run with the property or the applicant. Alan White will check with the city attorney about this. D. Board of Adiustment Traininl!: Session - There will be a training session with the city attorney on April 15, 2002. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to adjourn the meeting at 8:55 p.m. ~~~ Ann Lazzeri, Secretary Board of Adjustment Page 5 Board of Adjustment 03-28-02