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HomeMy WebLinkAbout05/28/152. i. 4. W 1)(.',It I id )c. I;0 k R D OF AD.1UST111-A v Minutes of Mcetill- 11.1 28, _(11 CALL )1N.ET1\(; TO ORDER I he meeting wa1 called to order tly Chair HOVLAND at 7:01 p.m. in the City Cvotlticll ('11alllberti of the Municipal Building. 750) West 291" avenue. Wheat Ridge, Colorado. ROLL CAVA. [ward Nlcmhers Pic.scrtt Alternates Present: Board %letllbcrs Absent Staff Members Prc'-cnt PUBLIC FORUM No one wished to speak at this time. Thomas Abbott Sally Banghart Janet Bell Dan Bradford Paul Ilovland 13c(ty Jo Page 1Llichael Gril*fcth Larry Richmond David Kuntz Lily Griego Gerald Dahl, City Attorney Meredith Reckert, Sr. I'lanncr Kim Waggoner, Recording Secretary A. Case 15-OKElectric Guard t)n,- - 1• indillas of Fact ;NMr. Dah) states! the Board conducted the reduired public: hearing on ,April 21. 2015. The hearing wati closed with a final action. The hearing Is not be* ing lcopetled. The decision was to deny. fie prepared !hidings as requested by the applicant and the Board. The resolution has been included in the packet. "I'he resolution is :i record of what happened at iiia hearing. Code citations were provided. A simple majority \ otc \+ould be required to pass a motion liar this consideration. II'a motion Mils, the flndlligs wIII not be adopted. It docs not change the denial ofthc request and a standard resolutioll will be entered into the record. Board of Adjustment !Minutes ;stay 28, 2015 Ms Reckcrt "toted Mcnlber (JR IIATTIA should abstain Irani the vole as lie did nttit hear the case. It iras moved by Member BANGIiART and seconded by Mcnrbcr I':l(:i: to adopt the Resolution. Findings of Fact and Decision for Case No. 4;-113 prepared by the City Attorney and as presented in the may 2S, 21115 mcctin;; packet. Mesion Approved with a vote of 7-0-1 %lith INlcniber GRIFI.4T11 ahstainin1. It. Ca SL' \��. 11 k-1�-111 This c.I.L sa.; prc�cntcd by ,Nicredith Reeked. She stated the applicant is requesting, appro�.rl cif an appeal to conditions ofappror al and demal of twee administrative variances. She entered the presentation. the contents ot•►he case file and packet nlatcr;.il, into the record. All notification and posting requirements have been nlet. 'File Board has jurisdiction to hear the case. The Board can re\ cr,e or change the decision of the Community Development Director as allowed b,. municipal code. The decisions on appeal are approval of a fence height variance with conditions to oniric an right loot high fence along portions of the western perimeter and denial ofa fence height variance to alltm an eight foot high fence on the eastern perimeter of rile property. On May 13. '015 the Community Development Director approved the fence height variance for the fence on the west perimeter with the condition that the eight toot high fence be allowed only \where it abuts the eight tool fence on the property to the west. The Director denied the fence height variance on the eastern boundary of the subdivision as there arc no unique circumstances and the adjacent lotto the ca,,, its mature trees already provides buffering. In response to Board titcmber ABBOTT's questions, T1s. Rcckert replied it is Unknown how long the eight loot high fence ]las existed coil the property to the west. It looks like it was originally six toot high but has been modified over tient to make it higher. Board Member ABBOTT opined the fence looked dilapidated and Inquired if there were any ordinances against dilapidated Ienccs. It %vas not visible ill the past but it is now cininently visible as the subject parcel is being prepared for development. Ms. Rcckert replied that is a judgement call. Since it has not been yisihlc to the pulhhe that nlay he the reason why there has not been any code cnforcenncnt action. Member BELL. reiterated that the developer is proposing an eight tout inigh tencc on the,vest side of the property and would remove existing fences from the :adjacent properties. tits. Reckert stated that is correct. The applicant will be able to build an eight foot high hence iftllc variance is granted. Board ol*Adjustmcnt Minutes May 28. 201.5 Member BELL. stated the proposed fence would provide a more aesthetic appearance on the «est side and could contribute to reducing traffic noise on the cast side as thc: trees and vegetation is not sufliicicnt to reduce the traffic noise. The fence would not be visible or adjacent to Waclswotth. She asked if the eight foot. ICCIICC trc►uld continue on the diagonal portion ofthe north side ofthe property. Ms. Reckert stated the applicant views the ditch as an amenity fir homeowners and is going to build a split rail fence along the northern boundary of the subdivision Member BELL asked if the applicant is proposing a split rail fence on the south and cast side near Wads" mill. N,'Is. Reckert replied yes. Member PAGE inquired about the tonins; for the propert\. Ms. Reckert stated the subdivision has been reccntly rc/oned as a 1'i:1111)cd Residential Development. Chair I IOVLAN1) inquired about the report format Ms. Reckertst;►tcd a staff report was prepared for the administrative variance and included in the packet as reference; for the board. A melno was also included explaining the appeal by the applicant. .Mcrnher ABBOTT asked why tite trees to the cast arc considered in the equation whel► they Illay not colltlllue to exist as the lot to the cast that abuts Wadsworth Boulevard could possibly be a building site. his. Reckert stated there arc concerns about access to Wadsworth leer a potential building site at that location. "file future is unknown for the property ,old the trees. Bill Fritz 10427 Bobcat Terrace; Littleton, CO Mr. Fritz stated the Subdivision will be a unique, high quality suhdlvIS1 11 With an urban feel. The proptlsed fence will provide continuity for the neighborhood and a serve aS a noise barrier. Many ofthe adjacent neighbors are in favor ofthe proposed eight foot fence cin the west and east sides ofthe subdivision. It will not be a public nuisance Or create it site problem. ;'Member ABBOTT stated he was pleased to see cottage honles coning to Wheat Ridge. fie expressed has concern about the existing h dirt fence to the west. A lencc has to be en�.:incered to be effective at sound attenuation. There is no evidence of that in the packet. lie asked the applicant if they have looked into the engineering issues related to sound attenuation. 'sir. Fritz stated the eight foot fence would provide some noise redaction. Board of'Adjustment Minutes May 28, 2015 Mcnibcr BANGI TART asked the applicant if he would look Into it now that Ile tva. .marc of it Ior a better sound barrier. Mr. Fritz stated he can look into it but the project is over budget due to increased development costs. Member PAGE inquired about the lot sizes. .Mr. Fritz replied from 32nd Avenue the lots are wider and narrower at about 65 fcci wide and t80 feet Jeep. Around caul -de -sac the lots a1 -c» feet wide by ?+3 to K9 feet deep. Lots 13 and 1-t are larger. Member VAGF inquired about the thin lot. Mr. Fritz stated it retention pond will be located on that lot Member GRIFFET'H asked bink many projects the applicant has deme mindar III this III the past five years and within Wheat Ridge. Mr. Fritz replied this will be the first project of this size and first in Wheat Ridge. I IN partner has done projects in Cherry Ifill and Castle pines. Chair HOV LAND inquired about the appendage of land extending east over to Wadsworth. Mr. Fritz replied most of it is an easement for the water district. Staff'suggestcd a neighborhood garden he allowed in this area. jklember ABBOTT' avked ifthe homes will be one story ar two stories on the Casten, side. Mr. Fritz replied both. Member ABBOT -1' state(] an eight foot fence will not provide sounds .screening ion two story homes. Frit/ stated tine fence will provide noise abatement when the residents are outside. Triple pane windows will be installed to reduce noise on the interior ol'the homes. Pat t10tt 3330 Yarro\v St. Ms. Hott stated she is in favor of tile eight fiiot fence fi r aesthetic rcau011s. Though it may not do away %vith the sound it wiII pro%►de more privacy. It makes ,ense to, match both sides of tile subdivision. in response to Chair I IOVLAND's inquiry, NIs. i loll statexf her hemi is next to the Board of Adjustment Minutes Mav 28. 2015 home with the existing right tont fence. She also said she would be removing the fence on her propert} . Mike Green 3300 Yarroly St. Mr. Green stated the cutTent eight boot fence %yas there when he purcir.►,cel tile: property. IIc is In savor of'the propose(] tencc. Member GRIFFF I'l I asked Mr. Green if he lived on the propero. I le stated he c by the site and noticed light enters the subdivision on tile: south side. I Ie asked il'a twelve foot fence would be appropriate it) block the light. Mr. Green replied he lives on the property and an eight trot fence is sullieient. Member ABBOTT reiterated that several of the neighbors indicated they would remove their lence and asked Mr. Green if he plans on removing his fence. Mr. Green stated the ground drops off on the inside of his fence. I'he developer has been bringing i►t dirt to level the area. Ile stated the proposed light foot fence is it Valuable asset it) the subdivision and the adjacent homes. flat holt 3330 Yarrow St. T1s. I Lott stated that her property and Mr. Green's property sit higher than the other adjacent properties. The fill dirt that the developer brought In has helped but she sloes not know how the two properties will end up atter grading is complete. Member ABBOTT asked the applicant about the grade change. Mr. Fritz stated they have brought in dirt and will be bringing in more. The site will be level. Chair HOVI,AND closed the public hearing. 1ctnber BANC;1 FART stated she appreciated the input from the neighbors and the proposal is exceptional for the City. Nlember GRIFFETEI stated that lie intends on supporting the requests. Upon a motion Im Member BELL and seconded bN Member BANCHART, the following motion was stated: tNAERE;AS, application Case No. WA -1.5-111 (West) was eligible for administrative re%iew and approved with conditions by an administrative Officer; and lioard of Adjustment Minutes May 28, 2015 WHEREAS, Board of Adjustruent Case No. WA -I5-01 is an appeal to this Board from the decision of an administrative officer; and N1 IfFREAS, the property has been posted the fifteen dass required b% lass :,nil in recognition that there were no protests registered against it, and WHEREAS the relief applied for pray he granted %%ithout (jetrir►rcnt to the public welfare and ss ithout substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge N0W, TIIE:RI,FORE: 13E IT RESOLVEI) that Board of Adjustment application Case No. WA -15-01 he, and hereby is APPROVED TYPE: OF VARIANCE: two foot fence height variance to alto+s an eight foot high fence on the west side of the property, the entire length of the perimeter FOR TIIE: FOLLOWING REASONS: The fence would provide for a consistent appearance on the ssest side of file subdivision and a sense of oneness from north to south without height charges in the structure. Member :ABBOTT offered a friendly amendment. The homeoss ners un f lit, western side are not in objection as a reason for approval. Ile thought it ++:js important to formally recognize those specific people nut just the general population. Member BELL accepted the friendly amendment and Member IiAN(:IlMt"f seconded it. Motion approved 8-1) Upon a motion by ;Member BELL and seconded by ,Menrher (;RIFFE:Tii, the following motion was stated: WilEREAS, the application Case No. N%"A-15-U1 (East} %vas denied permission by an administrative officer; and WHEREAS. Board of Adjustment Case No. WA -15-01 is an appeal to this Board from the decision of an administrative officer; and WIIERE::kS. file property has been posted the fifteen dais required by lass and in recognition that there were no protests registered against it: and WHEREAS the relief applied for may he granted ss ithout detriment to the public welfare and without substantially impairing the intent :urd purpose of the regulations „ os crning the City of Wheat Ridge lioavd of Adjustmcnt Minutes May 28, 2015 0 NOW, THEREFORE BE IT RESOLVED that Board of Adjustment applicatiuu Case No. NVA-15-01 be, and hereby is APPIZOVE:D TYPE OF VARIANCL-: two foot fence height variance to alloy% an ci�hl Ioit high fence on the east side of the subdivision FOR TILE: FOLLOWING REASONS: 1. It would provide a consistent appearance. 2. There were no objections by Cite property owners on the cast. 3. It would help to mitigate or minimize the traffic noise coniine; off Wads%%orth Boulevard. Member- ABBOTT offered a fourth reason for approval. The fence is a visual advantage given the exposure to Wads%%orth and the futures of the Imes on the castern lot are questionable. Member BELL accepted the friendly amendment and Member CR1FF1?'1'll seconded it. .\•telpher -1BBOI 1' ,tilted till: past couple cases offered an opinion but it() sclenillic c\ idcncc or engineering. "nccre should be some leg-itttnacy instead of just an upini0n. I is Said he �%ou1d vote in supliort of the eight fort tcnce r)il the cast side. Motion approved 8-0. Mike Careen Mr. Green stated staft anal the Board has a difficult job. lie appreciate` ",flat has been done tonight. I le expressed his concerns about high density housing. Chair I iOVLAND stated the role of the Board is to review each catic Inch\ i(lually. The Board cannot change the rules. 5. CLOSE PUBLIC NEARING G. OLD BUSINESS A. Ms. Reckert stated she would like to schedule a study session nn June 25 at 6:00 p.nl. (the start time has been changed to 5.30). Member BRADFORD and WAGE and are unavailable to attend. Mr. Dahl stated the study ses.ion will serve as a training sessiull to review procedures. concerns, how standards vary for appeals and interpretations and a discussion in an inti)rmal settim, NEW BUSINESS A. Approval of Minutes — April 23, 2015 Board cif Adjustment Minutes May 28, 2015 It %%as moved by Board :Member ABBOTT and seconded by Iinarcl ;Mernber 13E1.1, to approve the minutes as written. The motion passed 7-0-1 %tiith Nlember GRIFFETN ahstaining. 8. ADJOURNMENT Chair F1OVI.AND adjourned the erecting at 8:38 p.pt. ['aul ! ovland. Chair him W'aggoncr. R c inh Secretary Boal -d ol'Adjustmeni Minutes May 28, 2015 8