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HomeMy WebLinkAbout06/28/2001 CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting June 28, 2001 ORIGINAL I. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on June 28, 2001 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Michelle Brown Paul Drda Bill Echelmeyer Paul Hovland Bob Howard Jerry Montoya Members Absent: Tom Abbott Kent Young Staff Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Travis Crane, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of June 28, 200 I. 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-OI-03 - (continuedfrom May 24, 2001) An application filed by Compass Montessori for approval of a 1.5- foot front yard setback variance from the required 30-foot front yard setback resulting in a proposed 28.5-foot front yard setback for property located at 10399 West 44th Avenue and zoned Restricted- Commercial (R-C). The case was presented by Meredith Reckert. She reviewed the staff report, presented slides and overheads of the subject property and reviewed variance evaluation criteria. All pertinent documents were entered into the record and accepted by Chair BROWN. Board of Adjustment 06/28/01 Page 1 She advised the Board that there was jurisdiction to hear the case. Staff recommended approval of the request for reasons outlined in the staff report. Board Member MONTOYA commented that the one protest received by telephone was based upon an objection to the addition itself rather than the setback so, therefore, the protest did not appear to be valid in this case. Michael O'Hara 1860 Blake Street, Denver Mr. O'Hara, representing Compass Montessori, was sworn in by Chair BROWN. He stated that an error occurred in the survey and the plans that led to the building exceeding the setback by 1. 5 feet. Burke Munger 4025 Field Drive Mr. Munger was sworn in by Chair BROWN. He serves on the governing board of Compass Montessori and has been involved in the building process. He stated that it was not intended to exceed the setback and it was his understanding that it resulted from a mathematical error in the plans. Upon a motion by Board Member MONTOYA 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. WA-OI-03 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 was one protest delivered by telephone and that protest was against the building addition rather than the setback; 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- 01-03 be, and hereby is, APPROVED. For the following reasons: 1. The encroachment ofthe new addition would not alter the essential character of the neighborhood. Board of Adjustment 06/28/01 Page 2 2. The requested variance would not impair the adequate supply of light and air to adjacent properties. 3. It would not be detrimental to the public's welfare or injurious to other properties in the area. Type of Variance: A 1.5 foot front yard setback variance from the 30-foot front yard setback required in an A-I zone reducing the setback to 28.5 feet. The purpose of the variance is to allow the existing building to remain in its present location. When construction of the building was finished, it encroached upon the 30-foot front-yard setback by 1.5 feet. Board Member ECHELMEYER stated that, while he would support the motion, he would like to see situations concerning setbacks incorporated into future city inspections. The motion passed 6-0 with Board Members ABBOTT and YOUNG absent. B. Case No. WA-OI-07 - (continuedfrom May 24,2001) An application filed by Abundant Grace Fellowship for approval of a waiver to the parking lot buffer requirement on the northern parking lot of property located at 4535 Wadsworth Boulevard and zoned Residential-Two (R-2). The case was presented by Travis Crane. He reviewed the staff report, presented slides and overheads of the subject property and reviewed variance evaluation criteria. All pertinent documents were entered into the record and accepted by Chair BROWN. He advised the Board that there was jurisdiction to hear the case. Staff recommended denial of the request for reasons outlined in the staff report. In response to a question from Board Member DRDA as to why a solid fence was not also required along the west side ofthe property, Alan White explained that a solid fence is required next to properties that are low and medium density. The property to the west is a multi-family property that does not fit into this requirement. Board Member HOVLAND referred to a letter from the adjacent neighbor who was in favor of the variance and suggested the possibility of installing a gate in the fence to allow the neighbor to have access to his garden area. Doug Crook 6025 Miller Street Mr. Crook, representing the applicant, was sworn in by Chair BROWN. He was in agreement with the staff report and stated that he would abide by the Board's decision. He stated that he did not realize at the time the original permit was issued that he had the option of requesting a variance. Because of the location of the residence, he did not believe lights from cars in the parking lot would be a problem. He stated the main purpose for the request was to save money for the church by not having to erect a fence. Board of Adjustment 06/28/01 Page 3 Board Member ECHELMEYER expressed concern that a variance runs with the land, and while the variance might not present a problem at this time, it could cause a problem in the future when the adjacent property changes hands. Board Member HOVLAND agreed with this concern. In response to a question from Board Member HOWARD, Mr. Crook stated that the parking lot is in use three nights a week in addition to Sunday mornings. The church also has a gentlemen's agreement with the adjacent office building where the church uses the office building parking for overflow on weekends and the office building uses the church parking for overflow on weekdays. Board Member MONTOYA advised the applicant that he would not support the request since the fence was agreed upon before the building of the lot and he is now coming back for a variance. Mr. Crook agreed that this was his fault because he did not realize that he could apply for a variance and did not deliberately intend to deceive the city. Board Member DRDA clarified that the adjacent neighbor would not be denied access to his property if the fence is built, but would be denied some convenience in entering the property . The applicant was advised that a super-majority of five affirmative votes would be required for a motion to pass. Upon a motion by Board Member MONTOYA 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. WA-OI-07 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 one letter was registered from a neighbor in favor of it; Whereas, the relief applied for may NOT be granted without substantially impairing the intent and purpose ofthe regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. W A- 01-07 be, and hereby is DENIED. For the following reasons: Page 4 Board of Ad justffient 06/28/01 1. Approval of the waiver could possibly alter the essential character of the locality. 2. This waiver is based solely on a desire to save money. 3. The buffer requirement was an original condition of approval of the parking lot. Type of Variance: A waiver from the requirement ofthe parking lot located adjacent to the residentially-zoned property and the screening required pursuant to Exhibit 2 of the application and pursuant to Section 26-503(e)(I) ofthe code requiring this fencing or vegetation buffer. The motion for denial failed by a vote of 4-2 with Board Members HOWARD and BROWN voting no and Board Members ABBOTT and YOUNG absent. Upon a motion by Board Member HOWARD and second by Board Member DRDA 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-07 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 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- 01-07 be, and hereby, is APPROVED. Type of variance: A waiver from the requirement of the parking lot located adjacent to the residentially-zoned property and the screening required pursuant to Exhibit 2 of the application and pursuant to Section 26-503(e)(I) ofthe code requiring this fencing or vegetation buffer. The motion for approval failed by a vote of2 to 4, with Board Members ECHELMEYER, DRDA, HOVLAND and MONTOYA voting no and Board Members ABBOTT and YOUNG absent. The request for variance was denied based on Chapter 2, Article 3, Section 2-53(d) of the City of Wheat Ridge Codes of Law which state that Board of Adjustment motions not carried are thereby deemed denied. Page 5 Board of Adjustment 06/28/01 5. CLOSE THE PUBLIC HEARING Chair BROWN declared the public hearing closed. 6. OLD BUSINESS A. Wal-Mart at 32nd and Youngfield - Board Member ECHELMEYER inquired about the status of the temporary use permit requested by Wal-Mart. Travis Crane explained that Wal-Mart withdrew their application. 7. NEW BUSINESS A. Approval of Minutes - It was moved by Board Member HOVLAND and seconded by Board Member DRDA to approve the minutes of April 26, 2001 as presented. The motion passed 6-0 with Board Members ABBOTT and YOUNG absent. B. Discussion of New Bvlaws - Alan White presented the staff report setting forth a copy of revised Board of Adjustment Bylaws. Board Member DRDA commented that his understanding of the bylaws was that a super majority vote is required for approvals and only a simple majority for denials. He cited item 2 under Article IV: Disposition of Cases. He requested clarification from the city attorney on this matter. Board Member MONTOYA expressed concern about making a motion for approval when he plans to vote against it. Board Member ECHELMEYER requested clarification regarding the requirement for the Board to hear every case that comes before it (Article V, item 2). Alan White asked the Board to consider changing the requirements for a quorum from five members to a majority of the duly appointed members comprising the Board at that time. Alan White also asked the Board to consider changing the meeting time from 7:30 p.m. to 7:00 p.m. There was a consensus of the Board that the meeting time remain at 7:30 p.m. There was consensus of the Board to direct Alan White to have further discussions with the City Attorney regarding the bylaws in light ofthe questions and concerns expressed by the Board. Another draft of the bylaws will be brought to the Board for consideration at a future meeting. C. Semi Parking Board Member HOWARD referred to signs that used to be in place at 44th and Ward Road that stated semi's were not allowed to park on private Page 6 Board of Adjustment 06/28/01 property or public thoroughfares. He requested that these signs be posted again. Alan will check into this. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member DRDA to adjourn the meeting at 9:20 p.m. The motion passed unanimously. ~~{\~.{t~n-,- MICHELLE BR , Chair Board of Adjustment ~~ Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 06/28/01 Page 7