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HomeMy WebLinkAbout04/26/2001 ORiGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting April 26, 2001 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on April 26, 2001 in the Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Members Absent: Staff Present: Tom Abbott Michelle Brown Paul Drda Bill Echelmeyer Paul Hovland Bob Howard Jerry Montoya Kent Young Alan White, Planning Director Mary Austin, Planner Travis Crane, Planner Mike Pesicka, Planning Technician Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of April 26, 200!. A set of these minutes is retained both in the office ofthe City Clerk and in the Department of Planning and Development ofthe City of Wheat Ridge. Alan White introduced Paul Drda, new Board member from District I; Travis Crane, Planner; and Mike Pesicka, Planning Technician. 3. PUBLIC FORUM There was no one signed up to speak. 4. APPROVAL OF AGENDA Alan White informed the Board that representatives for Wal-Mart were not present for the hearing of Case TUP-OI-O!. He also requested that Case No. WA-OI-06 be removed from the agenda because the application had been withdrawn. It was the consensus of the Board to move ahead with the agenda and hear the Wal-Mart case later in the meeting if representatives were present. Board of Adjustment 04/26/01 Page 1 4. PUBLIC HEARING A. Case No. W A-OI-0l - An application filed by Shayne Ankoviak for approval of a 10-foot side yard setback variance from the required 15-foot side yard setback resulting in a proposed 5- foot side yard setback for the purpose of constructing a garage addition for property zoned Residential-One (R-I) and located at 12141 West 32nd Drive. The case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property, and reviewed variance request evaluation criteria. All pertinent documents were entered into the record and accepted by Chair HOWARD. She advised the Board that there was jurisdiction to hear the case. She distributed copies of two letters from Bill Cassel, City Forester, dated April 24 & 26, 200 I regarding identification of plant material on the subject property. This letter was made a part of the case file. Staff recommended denial of the application for reasons outlined in the staff report. In response to a question from Board Member ABBOTT, Travis Crane explained that three or four houses in the neighborhood have encroachments of side yard setbacks which were in existence before the city's incorporation and that there is one house located three houses north of the applicant which received a variance for a side yard setback in 1993. Board Member ABBOTT asked for clarification regarding potential problems for neighbors if the variance were granted. Travis Crane explained that staff did not believe property values would be impacted; however, there could be potential drainage problems to a neighbor caused by run-off from the roof of the proposed structure. Stan Ankoviak 12141 West 32nd Drive Mr. Ankoviak, husband of Shayne (the applicant) was sworn in by Chair HOWARD. He distributed copies ofletters to the Board from neighbors who were in favor of the application. He stated that their house is the only one in the neighborhood with only a single car garage. He believed that approval of the application would improve the neighborhood. The other variance granted for 12081 West 32nd Avenue was a 4.5 foot setback for the purpose of building a two-car garage. His understanding was that this variance was granted in order for the applicant to store tools in the garage. He stated that, even though a garage could be constructed in the rear yard, neighbors to the east and to the rear indicated they would have an objection to construction in that location. Neighbors to east and west believe the garage addition would improve the neighborhood because the house would then match the rest of the houses in the neighborhood. He would like to utilize the garage to store medical supplies for his son which are delivered weekly. Board of Adjustment 04/26/0 1 Page 2 Board Member ABBOTT expressed concern that variances run with the property. He asked the applicant for clarification about the purpose ofthe garage. The applicant stated that he wants a garage for his car as well as for storage of the medical deliveries. In response to a question from Chair HOWARD, Mr. Ankoviak stated that the present garage could be used for medical deliveries. Board Member ABBOTT questioned the roof run-off drainage situation. Mr. Ankoviak explained that there is a low swale between the houses which would cause most of the water to run off into Lena Gulch. Board Member MONTOYA expressed concern about ice encroaching into the neighbor's driveway caused by shade of the proposed structure. Mr. Ankoviak replied that there would be no difference in the amount of ice on the neighbor's driveway. In response to questioning from Board Member ABBOTT, Mr. Ankoviak replied that he plans to build the garage from materials that would match the house. There were no other individuals present who wished to address the Board. Upon a motion by Board Member BROWN and second by Board Member ABBOTT, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-OI-OI 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 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-O 1-01 be, and hereby is, approved. Type of Variance: Ten-foot side yard setback variance from the required IS-foot side yard setback resulting in a proposed S-foot side yard setback for the purpose of constructing a garage addition. Board of Adjustment 04/26/01 Page 3 For the following reasons: 1. The addition would be more in line with the existing character of the neighborhood. 2. The proposed addition would be located on the west side of the property, whereas on the east side the city forester indicated there would be a problem in removing four mature trees. With the following conditions: 1. The addition must be compatible in design and building materials to the current existing structure of the house. 2. The building inspectors will address the drainage issue before the building permit is issued. Board Member ABBOTT offered the following friendly amendments: Add the following reasons: The Board recognizes that there are other properties in the immediate neighborhood which encroach to varying degrees into the required IS-foot setback. Letters/petitions of support for the desirability of the additional garage and for support ofthe 10-foot encroachment have been submitted by eleven immediately adjacent neighbors. Also expressed by these neighbors was the opinion that the addition would "enhance the value of our homes. " The variance would, although not primary to purpose, provide accommodation for a disability as described in the application. The amendments were accepted by Board Member BROWN. Board Member ABBOTT offered another friendly amendment as follows: Add a condition that the adjacent neighbor provide a letter to the city stating that he understands and accepts the impact of shade on his property from the proposed structure before a building permit is issued. The amendment was accepted by Board Member BROWN. Board Member ECHELMEYER stated he would vote against the application because he did not believe there is evidence of a valid hardship in this case. Page 4 Board of Adjustment 04/26/01 Board Member MONTOYA wanted the record to reflect that he recognizes a medical hardship in this case. Chair HOWARD advised the applicant that approval ofthe request would require six affirmative votes. The motion failed by a vote of S-2 with Board Members ECHELMEYER and HOWARD voting no. Chair HOWARD advised the applicant that the request for a variance had been denied. B. Case No. TUP-OI-0l - An application filed by Wal-Mart for a 30-day temporary use permit for the purpose of conducting an outdoor garden sale at the property located at 3600 Y oungfield Street and zoned Planned Commercial Development (PCD). Since no representative for Wal-Mart had appeared by 8:45 p.m., it was moved by Board Member BROWN and seconded by Board Member ECHELMEYER that Case No. TUP-OI-0l be postponed until the May Board of Adjustment meeting. The motion passed 6-1 with Board Member HOVLAND voting no. In response to a question from an individual in the audience, Alan White advised that the sign posted on the property would be changed to reflect the new hearing date; however, because it has been postponed to a date certain, it would not be necessary to send out new letters of notification. C. Case No. W A-OI-04: - An application filed by Tom and Debra Stano for approval of a 22-foot front yard setback variance from the required 30-foot front yard setback requirement resulting in a proposed 8-foot front yard setback and a I-foot side yard setback variance from the required 15- foot combined side yard setback resulting in a proposed 14-foot combined side yard setback for the purpose of constructing a detached garage for property located at 6295 West 42nd Avenue and zoned Residential-Two. The case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads ofthe subject property, and reviewed variance request evaluation criteria. All pertinent documents were entered into the record and accepted by Chair HOWARD. She advised the Board that there was jurisdiction to hear the case. Staff recommended denial of the application for reasons outlined in the staff report. Tom Stano 6295 West 42nd Avenue Mr. Stano, the applicant, was sworn in by Chair HOWARD. He stated one of the reasons for his desire to build a garage is to get his vehicles off the street. Because he lives on a Page 5 Board of Adjustment 04/26/01 precarious corner, he has sustained major damage on six different occasions either to vehicles parked on the street or to his landscaping from other vehicles missing the corner and driving into his property. He expressed concern that he or a family member may be struck when entering or exiting their vehicles parked on the street. Building the garage in the back of his property would cause drainage problems for the neighbors and there is not sufficient room to build on the other side of the house. Other variances have been granted in the neighborhood and he did not believe his proposed garage would negatively affect the character of the neighborhood. The proposed garage would allow him to get all of his vehicles off the street. In response to a question from Board Member ECHELMEYER, Mr. Stano stated that there have been three reportable accidents on his property during the past nine years he has lived there. Board Member ECHELMEYER suggested that Mr. Stano contact the city in regard to street safety issues. Mr. Stano commented that speeding motorists cannot be completely alleviated although he agreed Mr. Echelmeyer's suggestion was valid. Board Member BROWN inquired as to the possibility of extending the present garage. Mr. Stano explained that existing easements would prevent this option. Board Member HOVLAND expressed concern with the size of the requested variance and would be more inclined to vote for a lesser variance. Mr. Stano suggested that he could move the front yard setback a few feet. Debra Stano 6295 West 42nd Avenue Ms. Stano was sworn in by Chair HOWARD. She stated that building a garage in the back yard would destroy the ambience for all of the adjacent neighbors. Board Member DRDA commented that he believed the proposed structure would significantly change the look of the neighborhood. Board Member BROWN shared concern about the large size ofthe structure which would be too close to the street. 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-OI-04 is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment 04/26/01 Page 6 Whereas, the property has been posted the fifteen days required bylaw; and in recognition that there were no protests registered against it; 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-OI-04 be, and hereby is, denied. Type of Variance: A 22-foot front yard setback variance from the required 30-foot front yard setback requirement resulting in a proposed 8-foot front yard setback and a I-foot side yard setback variance from the required IS-foot combined side yard setback resulting in a proposed 14-foot combined side yard setback for the purpose of constructing a detached garage., For the following reasons: 1. The home is currently in possession of an attached single car garage on the west side. 2. Approval ofthis request could potentially alter the essential character ofthe neighborhood. As evidence, there is one known front yard setback encroachment in this neighborhood, a variance of 18 feet into the front yard setback was approved by the Board of Adjustment in 1997 for the property at 61S0 West 42nd Avenue. That property, as such, was subject to a 30-foot setback on two sides and had no garage. The visual impact as a result of an 18-foot variance is considerable causing significant impact upon the neighborhood view plane. 3. The placement of a permanent structure within 8 feet of the property line for an interior lot in a single family residential neighborhood could potentially have an impact on adjacent property values. 4. Construction of a detached garage would not produce significant benefit or contribution to the neighborhood or community. S. Approval of this request would not result in a reasonable accommodation of a handicapped person. 6. The plight of the owner is not due to significantly unique circumstances. 7. Alternatives to the mitigation oftraffic hazards created by the curve in West 42nd Avenue may be possible. The motion to deny passed by a vote of 7-0. Chair HOWARD advised the applicant that the request for a variance had been denied. D. Case No. W A-OI-0S: An application filed by Paul Mintken for approval of a 12- foot side yard setback variance from the 30-foot side yard setback requirement Board of Adjustment 04/26/01 Page 7 when abutting a public street, resulting in a proposed 18- foot side yard setback, for the purpose of constructing a garage addition for property located at 3071 Union Street and zoned Residential-One. The case was presented by Mary Austin. She reviewed the staff report, presented slides and overheads of the subject property, and reviewed variance request evaluation criteria. All pertinent documents were entered into the record and accepted by Chair HOWARD. She advised the Board that there was jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. In response to a question from Board Member DRDA, Ms. Austin explained that her visual inspection ofthe site revealed an extremely steep driveway on the north side. The neighbor across the street from the applicant's driveway expressed concern about vehicles running into her home from the driveway. Paul Mintken 3071 Union Street Mr. Mintken was sworn in by Chair HOWARD. He stated that several options have been discussed with designers. The steep driveway facing north is extremely hazardous during the winter and they would like to improve this situation. He contacted all of the neighbors and gave them opportunity to review the blueprints. The neighbors are highly in favor of the application. Board Member ABBOTT inquired about the adjacent neighbor who lives within Lakewood city limits. Mr. Mintken replied that he has contacted this neighbor, also, and he is also in favor of the application. Chair HOWARD inquired about plans for the front yard if the application is approved. Mr. Mintken replied that, once the present driveway is removed, he would build a sidewalk down the side of the house to the proposed garage and build steps down to West 3l't Place. Mr. Mintken indicated that he would have no problem with a condition which would require removal of the present driveway within 90 days ofreceiving a certificate of occupancy for the new garage. Stacie Mintken 3071 Union Street Mrs. Mintken was sworn in by Chair HOWARD. In response to an earlier question by Board Member ABBOTT concerning the neighbor's view if the variance is granted, she explained that the garage would face the neighbor's garage. Page 8 Board of Adjustment 04/26/01 Trudy Kay Moreau 3101 Union Street Ms. Moreau was sworn in by Chair HOWARD. She lives directly across from the applicant and expressed her support ofthe application which would alleviate her concern about the possibility of cars rolling down the present driveway into her home. She also expressed her delight about the change in landscaping that would improve the view from her living room. Upon a motion by Board Member ABBOTT and second by Board Member MONTOYA, 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-OI-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 Case No. W A-O 1-05 be, and hereby is, approved. Type of variance: Twelve-foot side yard setback variance from the 30-foot side yard setback requirement when abutting a public street in an R-I zone for the purpose of constructing a garage addition. For the following reasons: I. Since the lot is a corner lot, the encroachment would not impair adequate light and air to adjacent properties. It should have no negative affect on public safety. The proposed encroachment will not impact the required sight distance triangle at the corner of West 31" Place and Union Street. 2. The construction of the garage addition and relocation ofthe driveway is sought to correct a potentially unsafe condition which could be beneficial to the neighborhood. The surrounding neighbors have expressed their support in writing for relocating the driveway and garage. 3. The view from the dwelling across Union to the east would be garage to garage. 4. The neighbor at 3101 Union testified to her agreement as to the safety issue and the desirability of removing the existing driveway. 5. The plight of the owner is due to somewhat unique circumstances in the considerable sloped condition of the property. Board of Adjustment 04/26/01 Page 9 6. It would not negatively alter the essential character of the surrounding neighborhood. 7. It could result in a benefit to the neighborhood by correcting the potentially unsafe driveway conditions. With the following conditions: I. The concrete driveway onto West 31" Place shall be removed within 90 days of obtaining a certificate of occupancy for the new garage addition. 2. Architectural compatibility in design and material is required. 3. Safe sidewalk access will be created from the front door to the new driveway. The motion passed by a vote of 7-0. 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing closed. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Auuroval of Minutes - It was moved by Board Member HOVLAND and seconded by Board Member ABBOTT to approve the minutes of October 26,2000. The motion carried unanimously. B. Election of Officers - Michelle Brown was elected as Chair and Jerry Montoya was elected as Vice Chair. C. Bvlaws - There was consensus of the Board to have the City Attorney review the Board of Adjustment Bylaws, particularly as they relate to procedures to be followed when an applicant fails to appear. 8. ADJOURNMENT It was moved by Board Member MONTOYA and seconded by Board Member HOVLAND to adjourn the meeting at 10:17 p.m. The motion passed unanimously. ~~ ~f2 BOB HOWARD, Chairman Board of Adjustment , d~ Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 04/26/01 Page 10