Loading...
HomeMy WebLinkAbout09/27/2001 ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting September 27, 2001 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair BROWN at 7:30 p.m. on September 27,2001 in the Police Tnuning Room, 2nd floor of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Michelle Brown Paul Drda Bill Echelmeyer Paul Hovland Jerry Montoya Kent Young Members Absent: Bob Howard Staff Present: Alan White, Planning Director Travis Crane, Planner Mike Pesicka, Planning Tech Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of September 27, 2001. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development ofthe City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. W A-OI-08: An application filed by Lee and Sharon Brooks for an interpretation of a story as defined by Section 26-123 of the City of Wheat Ridge Code of Laws and approval of an 8-foot side yard setback variance from the required IS-foot side yard setback resulting in a 7-foot side yard setback to the south and a 10-foot side yard setback variance from the required IS-foot side yard setback resulting in a 5-foot side yard setback to the north for property zoned Residential-One C (R-IC) and located at 2941 Chase Street. The case was presented by Travis Crane. He reviewed the staff report and gave a PowerPoint presentation of the subject property. All pertinent documents were entered Board of Adjustment 09/27/01 Page 1 into the record and accepted by Chair BROWN. Mr. Crane submitted copies of comments from two neighbors who expressed opposition to the application. These comments will be made a part of the official record as well as a part ofthe case file. He reviewed the criteria involved in consideration of variances and advised the Board that there was jurisdiction to hear the case. Staff recommended denial of the request for reasons outlined in the staff report. Board Member HOVLAND questioned the lot coverage. Mr. Crane explained that if the garage is attached with a common roofline it would approach 40%. If it is a detached garage it would be 36-37% lot coverage. Alan White said that if a garage shares a common roofline with the house it is considered to be attached. Lee Brooks 2941 Chase Street Willard Jones 650 Mr. Brooks, the applicant, and Mr. Jones, attorney for the applicant, were sworn in by Chair BROWN. Mr. Jones argued that because the basement is only 5-1/2 feet above ground level, it should not be considered a story. The applicants originally designed the house to have a basement and two stories. After talking with the neighbors, they have agreed to remove the top story which would result in a single-story structure if the basement is not considered to be a story. There was discussion of grade levels on the property. Board Member ABBOTT commented that building height is measured from the average grade of a property and commented that it would be helpful to have documentation showing the basement height from average grade. Ken Nelson 10182 West 70th Drive, Arvada Mr. Nelson, architect for the project, was sworn in by Chair BROWN. Mr. Nelson argued that the basement is not of sufficient height to be considered a story under the code. Since the top story has been eliminated from the design, the house should be considered a single story with basement and, therefore, a variance would not be needed. In response to a question from Board Member ABBOTT, Alan White stated that it is staff s opinion the basement does constitute a story based upon the plans presented. Board of Adjustment 09/27/01 Page 2 Board Member MONTOYA asked if the criteria regarding adequate light and air would be met with the removal of the top story. Alan White replied that the house to the north would be pretty close. In response to a question from Board Member MONTOYA, the applicant explained that their engineer has determined the basement cannot be dug any deeper due to a high water table. Board Member DRDA asked if there were documented details of the applicant's new plan for the Board's review at this time. Mr. Crane replied that the plan was not available at the meeting. Mr. Jones suggested that ifthe definition of a story can be resolved, the applicant would know whether or not he would need a variance. He was of the opinion that the new plans would fit more into the character of the surrounding neighborhood and would not interfere with adequate light and air to adjacent property. Kristy Marshal 2992 Chase Street Ms. Marshal was sworn in by Chair BROWN. She lives just north of the subject property and stated that she was in favor of the application and that the proposed house would increase property values in the neighborhood. She also stated that, with the removal of the top story, there would be no problem with adequate light and air to her property. Board' Member ABBOTT did not believe the Board could make a decision at this time without knowing the average grade ofthe property. In summary, Mr. Jones stated that several criteria would no longer apply with the new design. These are as follow: it would not change the character of the neighborhood; it would improve property values in the neighborhood; it would not interfere with air and light to neighbors; the design provides for accommodation of a handicapped person; and there is a hardship due to the high water table. Board Member ECHELMEYER expressed concern that the proposed size of the house would definitely change the character of the neighborhood. Board Member MONTOYA stated that it is very important to consider the fact that the house has been designed for ADA accessibility. Ms. Campbell 2939 Chase Street Ms. Campbell was sworn in by Chair BROWN. She stated that her house is actually three feet from the property line and not four and one-halffeet as earlier stated. Board of Adjustment 09/27/01 Page 3 There was discussion regarding the continuance of this case to the October Board of Adjustment meeting in order to have adequate information to make a decision. Mr. Jones stated that waiting another thirty days would present a problem for the applicant who would like to get started before bad weather sets in. It was moved by Board Member DRDA and seconded by Board Member ABBOTT to continue this case to the next regularly scheduled Board of Adjustment meeting (October 25, 2001) unless evidence is presented to staff prior to such meeting sufficient to allow staff to determine that, based upon such evidence, a variance is not required. The motion passed 6-1 with Board Member ECHELMEYER voting no. 5. CLOSE THE PUBLIC HEARING Chair BROWN declared the public hearing closed. 6. OLD BUSINESS A. Discussion of New Bylaws Alan White reviewed the draft of revised Board of Adjustment bylaws which were included in the packet. The following changes were suggested: . Page 3, item 4, line 6 should be changed to read: "... ..at the next regularly scheduled meeting of the Board............." . Page 4, item 5, line 3 should be changed to read: "..... . applicant may be at the scheduled hearing and ask for a postponement in person or notifY staff of a request for postponement before the hearing date. A sentence should be added to the end ofthe paragraph to read: "In case of a postponement, applicant will be required to change the date on the sign. " . Page 4, item 6, line 2 - Language should be added to provide that if the case is postponed to the next meeting due to failure of the applicant to appear, the case should be scheduled as the last public hearing on the agenda. . Page 5, item 2, line 2: The word "upon" should not be stricken. . Page 5, item (g), first line should read..... . are found to exist......... It was moved by Board Member HOVLAND and seconded by Board Member DRDA to approve the revised bylaws with the suggested amendments. The motion passed 7-0. Page 4 Board of Adjustment 09/27/01 7. NEW BUSINESS A. Minutes from June 28, 2001 It was moved by Board Member HOVLAND and seconded by Board Member YOUNG to approve the minutes as presented. The motion passed 7-0. B. Public Officials Liability Video There was a consensus ofthe Board to have a dinner meeting prior to the October 25th meeting. The video will be presented during dinner. 8. ADJOURNMENT It was moved by Board Member ECHELMEYER and seconded by Board Member YOUNG to adjourn the meeting at 9:35 p.m. C-:."" ~L\o~ D~ MICHELLE BROWN, Chair Board of Adjustment CL~ Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 09/27/01 Page 5