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HomeMy WebLinkAbout04/25/2002 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting April 25, 2002 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MONTOYA at 7:30 p.m. on April 25, 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 Bob Howard Jerry Montoya Kent Young Members Absent: Paul Hovland Staff Present: Alan White, Planning Director Travis Crane, Planner Mike Pesicka, Planner Carmen Berry, Gorsuch Kirgis Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of April 25,2002. A set of these minutes is retained both in the office ofthe 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-02-02: An application submitted by Jeff Petty for approval of a 600 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 4695 Wadsworth Boulevard. This case was presented by Mike Pesicka. He reviewed the staff report and presented slides and overheads of the subject area. All pertinent documents were entered into the record. He also entered legal documents and real estate documents just received from a neighbor in the area. The documents resulted from a lawsuit initiated in the area several Board of Adjustment 04-25-02 Page 1 years ago. Staff recommended approval of the variance with conditions as outlined in the staff report. Carmen Berry, of the city attorney's office, advised that the legal documents entered into the record had no bearing on this hearing. This hearing involves public zoning issues while these documents relate to covenants which are private restrictions and should not be considered by the Board. In reply to a question from Board Member ECHELMEYER, Mike Pesicka explained that the owner of the property, Morton Silverman, gave power attorney to Jeff Petty to represent him at this hearing. He also explained that, in 1959, owners of the property conveyed 2100 square feet ofthe lot to be used for highway right-of-way. Jeff Petty Jeff Petty, the applicant, was sworn in by Chair MONTOYA. He stated the property was purchased as a duplex and possibly a triplex. The realtor, Jim Urban of Urban Companies, presented the property as a duplex with the potential to be used as a triplex. He also stated that he is aware that the property may only be used as a duplex since it is zoned R-2. He submitted a letter he received from Michael C. Buttes, conservator of the estate for the wife of the builder. He read the letter into the record as follows: Please accept this letter as confirmation of our telephone conversation regarding the above property. As I indicated to you, as the Jefferson County Public Administrator, I am the court-appointed conservator for Cornelia D. Colden who may also have been previously known as Alma Dodson Colden as well as Alma Dodson. As part of my assistance to Cornelia, I marketed and sold her home at 4695 Wadsworth, Wheat Ridge, Colorado, to Ronald W Rice on October 31, 2000. At the time of sale, the configuration of the home was asfollows: The southern portion of the main floor consisted of two bedrooms, a bath, a kitchen and a living area. The northern portion of the main floor consisted of what I would call a studio area including kitchen facilities and bath area. The upper floor consisted of a third studio area consisting of a living area, kitchen facilities, bedroom area and I do not recall if a bathroom area is included (Mr. Petty stated that there is an existing bathroom in the area.) I recall the basement of the property being an unfinished open space area. Mr. Petty inquired of me as to the length of time the Colden's owned the property and, although I cannot give you a complete answer, I do have a deedfrom Ms. Colden's husband dated May I I, 1972 to Cornelia Colden. It is my belief that the Colden's built the current structure on the property many years prior to that and that the 1972 deed was merely an intra-family conveyance. 1 hope you find this information helpful. Mr. Petty stated that the main floor studio area is handicapped accessible. He stated that fifteen years ago, two different families lived there and as recently as three years ago. Presently, there is only one address. In the past two years, there has been a renter in the downstairs apartment and Ron Rice and his partner were living in the other side ofthe Board of Adjustment 04-25-02 Page 2 property. The appraisal stated that the property was zoned R-2 and therefore, the third kitchen should be removed. Mr. Petty submitted the MLS information which stated the property was a two-family and possibly three-family income property as well as a copy of the purchase contract. He stated that he has invested approximately $60,000 in the property including $30,000 to renovate the inside of the house and he has plans to clean up the outside of the property. He further stated that a hardship exists if this property must be used as a single-family residence. He plans to use the main floor and the upstairs as separate living units. The upstairs unit has a separate outside entrance. He further stated that when Morton Silverman purchased the property, the question arose as to whether it was a legal nonconforming duplex. Chair MONTOYA asked to hear from those who signed the public hearing roster. Patricia Fisher 7609 West 47'h Avenue Ms. Fisher was sworn in by Chair MONTOYA. She submitted copies of papers concerning a 1991 lawsuit regarding neighborhood covenants in relation to a rezoning. She stated that when Mr. Rice bought the property, there was extensive remodeling during which time the separate entrance for the second floor was added. She stated that cars park on the lawn and often drive directly from the lawn onto Wadsworth. She urged the Board to deny the request for variance and require the owners to clean up the property. She stated that she has lived in the area for 37 years and was never aware of apartments being rented in the subject structure. Chair MONTOYA reminded Ms. Fisher that Carmen Berry had earlier informed the Board that the lawsuit Ms. Fisher referred to could not be considered in this case. He also informed Ms. Fisher that she should contact the city's code enforcement office in regard to the condition of the property. Tara McAden 7650 West 47th Avenue Ms. McAden was sworn in by Chair MONTOYA. She spoke in opposition to the variance. She expressed concern about cars .parked on the property as well as a dumpster which obstructs the view for drivers exiting onto Wadsworth. She submitted a photo of the dumpster into the record. Jayne McAden 7650 West 47th Avenue Ms. McAden was sworn in by Chair MONTOYA. She stated that she bought her property in 1999 at which time the subject house was used as a single-family residence. She expressed concern about a lack of parking on the property if used as a multi-family unit. She objected to the lack of maintenance of the property. She further stated that she came before the Board of Adjustment for a variance to build a garage ona half-acre piece of property she purchased adjacent to her home and was told by the Board at that time Board of Adjustment 04-25-02 Page 3 she could not build any other kind of structure on the half acre. Alan White clarified that this was a condition placed by the Board of Adjustment at the time the variance was granted. JoAnn Fisher 7645 West 47'h Avenue Ms. Fisher was sworn in by Chair MONTOYA. She expressed opposition to the granting of the variance. She stated that the previous owner never rented to anyone. She felt it would be too dangerous for a handicapped person to use the entrance referred to earlier by Mr. Petty because of its proximity to Wadsworth. Chair MONTOYA clarified that the possible handicapped accessible entrance was not included in staff s evaluation of the request. Steve McAden 7650 West 47'h Avenue Mr. McAden was sworn in by Chair MONTOYA. He requested that the neighborhood be designated as a single-family neighborhood. Chair MONTOYA reminded Mr. McAden that the area is zoned R-2. Mr. McAden expressed concern about additional traffic that would be generated by a multi-family unit in this location as well as lack of parking on the property. He became aware that part of the house was being rented a little over a year ago. Mark Fisher 7645 West 47'h Avenue Mr. Fisher was sworn in by Chair MONTOYA. He spoke in opposition to the application. He does not want to see the property used as a duplex. Shawn Steigner 7640 West 47th Avenue Mr. Steigner was sworn in by Chair MONTOYA. He spoke in opposition to the application because it would have a negative effect on surrounding properties. Jeff Petty returned to the podium for rebuttal. He stated that a lot of the traffic around the house has been due to ongoing construction. He also commented that traffic from his property is rather insignificant when compared to traffic generated by the 300 homes in the area. The back portion of the property as well as the driveway can be used for parking and he clarified that the entrance he referred to as a possible handicapped entrance is not located next to Wadsworth. He stated that he was willing to comply with the conditions set forth in the staff report. He stated there is a multi-family use next door which sets a precedent for multi-family use in the area. His plan is to use the property as a duplex, beautify the property and be a good neighbor. Chair MONTOYA closed the public hearing. Board of Adjustment 04-25-02 Page 4 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-02-02 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 Whereas, the relief applied for MAY NOT be granted 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- 02-02 be, and hereby is, DENIED. Type of Variance: Request for approval of a 600 square foot variance from the 12,500 square foot minimum lot area requirement to allow an additional dwelling unit on property zoned residential-two. For the following reasons: 1. No evidence was submitted that government entities of city, county, state or local utility providers have ever recognized this structure as a legal or nonconforming two-family use. 2. There was evidence that a previous owner conveyed for value a portion of the originally platted lot to the State of Colorado thereby creating an R-2 lot undersized for duplex use. 3. Numerous neighbors testified in opposition to the granting ofthis variance. 4. Neighbors testified that they had no memory of the structure being used as a multi-family use prior to the year 2000. 5. Reasonable testimony was provided by neighbors as to potential parking problems likely to be exacerbated by multi-family use. 6. It would appear that approval of this variance request would provide no tangible benefit to the surrounding neighborhood or to the city. Board of Adjustment 04-25-02 Page 5 The motion to deny was approved by a vote of 4 to 2 with Board Members MONTOYA and YOUNG voting no. Chair MONTOYA advised the applicant that his request for variance had been denied. 5. CLOSE THE PUBLIC HEARING Vice Chair MONTOYA declared the public hearing closed. 6. OLD BUSINESS A. Amended Board of Adiustment Bylaws - Alan White informed the Board that City Council approved the amendments to the Board's bylaws. 7. NEW BUSINESS A. Minutes of March 28, 2002 - It was moved by Board Member HOWARD and seconded by Board Member DRDA to approve the minutes as presented. The motion passed unanimously. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member DRDA to adjourn the meeting at 10:07 p.m. The motion passed unanimously. air ~/ 0 . ~~ Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 04-25-02 Page 6