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HomeMy WebLinkAbout08/27/151. City of r400#"Wh6atPjdPre BOARD OF ADJUSTMENT Minutes of Meeting August 27, 2015 CALL MEETING TO ORDER The meeting was called to order by Chair HOVLAND at 7:05 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: 3. 4. Alternates Present: Board Members Absent Staff Members Present: PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING A. Case No.FP-15-02 Thomas Abbott Sally Banghart Janet Bell Paul Hovland Lily Griego David Kuntz Betty Jo Page Dan Bradford Lang Richmond (not on dias) None Lauren Mikulak, Senior Planner Mark Westberg, Project Supervisor Kelly Stevens, Deputy City Clerk The case was presented by Mark Westberg, Public Works Project Supervisor and the City's Floodplain Administrator. He entered the contents of the case file and packet materials, the zoning ordinance and the digital presentation into the record. He stated all appropriate notification and posting requirements have been met and advised the board there was jurisdiction to hear the case. He reviewed the presentation and staff report. Board of Adjustment Minutes — August 27, 2015 The applicant is requesting approval of a Class II Floodplain Permit to allow the construction of a single family dwelling unit on property within the Special Flood Hazard Area. Mr. Westberg made a brief Power Point presentation. He explained that the property is within a Special Flood Hazard Area and construction is allowed with a Class II Floodplain Permit. Class II permits require a higher level of review because the structure would allow for human occupancy. The site in question is within the Flood Fringe, a section of the floodplain which allows new structures where the lowest floor is at least 1 foot above the Base Flood Elevation (BFE) of a hundred year flood. Only a small portion of the southeast corner of the site is in the highly restrictive Floodway and there will be no construction in that corner. Staff recommends approval of the Class II Floodplain Permit for a proposed single family dwelling unit. Member BANGHART asked who is responsible for getting the drainage certificate at the end of the project and asked how many houses are located in the floodplain in Wheat Ridge. Mr. Westberg stated City Public Works staff will receive a drainage certification and as- builts. There are over 500 homes in the floodplain in Wheat Ridge. Most of these were built long before the floodplain was officially mapped and declared. There are a few newer homes that were built according to current floodplain standards. Member BELL asked about the proximity of the property to the Greenbelt trail. She wanted to know if fences or barriers were proposed to separate public and private property. Mr. Westberg stated fences are not allowed in the floodway. In the floodplain, fences are conditionally allowed with a Class I permit. They must be built to certain design standards including being flood -proof and anchored appropriately. No fence has been proposed as part of this application, but could be applied for in the future. In response to a question from Member BELL about FEMA (the Federal Emergency Management Agency), Mr. Westberg explained that FEMA allows for and assumes that construction will occur in the floodplain, but it is not allowed in the floodway. The City is unique in that about half of the 500 acres in the floodplain are part of open space areas. There are fences throughout these areas. Member BELL asked about the type of fill being used on the property to elevate the home and about erosion control plans. Mr. Westberg indicated the fill would need to be classified as structural fill. As part of the building permit, an engineer would need to submit a grading, fill, and foundation plans. Staff will not approve a Certificate of Occupancy until the ground cover is Board of Adjustment Minutes — August 27, 2015 2 sufficiently established so as to prevent erosion. This applicant is not proposing a basement — nothing on the site will be below the base flood elevation (BFE). In reference to the floodplain permit plan, Member ABBOTT asked for confirmation of what could and couldn't be built within the triangular floodway area in the corner of the property. Mr. Westberg explained that the triangle of land in the floodway must stay at the existing grade. The floodway boundary must be staked off prior to construction starting, and staff will monitor construction progress to ensure the construction does not move into the triangle of land in question. According to the plans, the yard will taper down and end before the floodway. Member GRIEGO asked about the proposed wall near the floodway and how it could be constructed without disturbing the area in the floodway. She wanted to know the proposed setback and height for the wall and if staff supported the request for the wall. Mr. Westberg stated that a licensed surveyor must stake the boundary of the floodway prior to start of construction. The setback is 1 foot and the proposed wall will be 2 feet tall. The wall is permitted and is primarily designed to give the homeowners a flat spot to walk around the building. Staff is approving the wall because its design complies with applicable floodplain regulations. Ryan Stephenson 4010 W 691h Drive, Westminster, Colorado The applicant, Ryan Stephenson, was sworn in by Chair HOVLAND. Mr. Stephenson stated he was a lifelong Colorado resident and was looking for the perfect house in which to raise his family. He and his wife wanted a property close to parks and trails for his family and his kids to enjoy. They searched for a long time and then saw this property. They explored many options before buying this property. He has been very impressed with Wheat Ridge City Staff as they have been very helpful in understanding the floodplain regulations. He and his family tried to design a house that suits their family and fits with the surrounding area. They have taken extra precautions around the floodplain area and hired an engineer who specializes in floodplain analysis. In response to Member BELL's questions, Mr. Stephenson explained that the property borders the open space, but does not encroach upon it. Eventually, they have plans to put in simple split rail fence (with the proper permits) not for security but just to highlight the boundary between their property and the open space. The bike path is about 60 to 80 feet south of their property line. Regarding the planned retaining wall near Floodway; was recommended by design professionals to accommodate the grades on the property. It is planned to be only 1-2 feet high and shouldn't pose any problems. If the Board considers the wall to be an issue, he is willing to negotiate this element of the plan, if necessary. Member BELL asked about stormwater coming off the street and the location of an inlet. Board of Adjustment Minutes — August 27, 2015 Mr. Westberg stated that review of a drainage plan would occur with the subsequent building permit application. That said, the intake pipe shown on the floodplain permit plan is 6" in diameter, and there are plans to increase this to a 12" pipe. This will be addressed during the building permit review. The pipe would carry water from the street to the Wheat Ridge Open Space. In response to a question from Member BANGHART, Mr. Stephenson indicated they were aware of the fact that the property was in the floodplain before they purchased it. They consulted with an engineer and City staff before making the purchase to confirm that their plans were compliant with floodplain regulations. Member ABBOTT referenced Exhibit 5 in the packet, the flood zone topography map, and asked how the map may be changed after construction. Mr. Westberg said the map would be changed to reflect the new construction when the area is remapped in the future. Member ABBOTT asked if this construction will have a measurable effect on the drainage to and from other nearby properties in the floodplain. Mr. Westberg stated this is only one house — not a whole development and will have minimal measurable effect on the floodplain. A small effect from construction is allowed and accounted for in the regulations, but this construction will have a negligible effect. Member BELL expressed concern about the impacts to wildlife and asked about the relocation of prairie dogs, if needed, and the migration of deer. Mr. Westberg responded that the City does regulate wildlife on private property, and the project size does not hit the threshold to warrant review by the Colorado Department of Wildlife. Ms. Mikulak reiterated that the City does not have the jurisdiction to regulate wildlife on private property. Member BELL responded that the City should take care of wildlife regardless of the jurisdiction. Member GRIEGO remarked that the public hearing process can open up additional requirements. She implored staff to be proactive and look beyond code requirements and all appropriate agencies. Mr. Westberg stated the Parks & Forestry Supervisor has not expressed concern about this project. Staff understands the concerns about wildlife and will look into it. Mr. Stephenson stated he had never seen prairie dogs on this site. They don't want to disturb any wildlife either — that is one of the many appealing things about this property. Board of Adjustment Minutes — August 27, 2015 4 Member PAGE asked if elevating the property will force additional stormwater drainage onto lower adjacent properties. Mr. Westberg answered that the water will be a little higher in the creek, but this is allowable. Member KUNZ stated it would be like dropping a pebble into a bathtub. The localized rise will so negligible it cannot be accounted for. Member PAGE asked about localized flooding in the area. Mr. Westberg indicated that Wheat Ridge hasn't had a 100 -year flood event in over 140 years. Localized flooding from storms is possible, the 12" proposed drainage pipe should improve the situation and redirect drainage into the creek. A drainage plan will address up to 100 -year floods. Chair HOVLAND opened the public hearing. Kim Davis 4240 Garland Street, Wheat Ridge Ms. Davis was sworn in. She lives two lots away from the subject property. She expressed support for the proposed single family home. She indicated that there has not been a substantial flood in this neighborhood in years. The new home will increase property values in the neighborhood. In terms of wildlife, she has never seen prairie dogs or deer, but has seen rabbits and birds. Because she has a basement, she has a sump pump, but she welcomes the new investment in the neighborhood and sees no negative impact. The only negative result has been a neighbor that put red graffiti on a retaining wall to announce the hearing, and she hopes the City will remove it. Member GRIEGO thanked Ms. Davis for coming to the meeting. She asked her if the sump pump was running during the recent heavy rains in May and June. Ms. Davis responded that her sump pump never ran during these rains. Patricia Lazzari 4175 Garland Street, Wheat Ridge Ms. Lazzari was sworn in. She wrote a letter to the Board that was distributed before the meeting. She has lived at the lower end of Garland Street for 23 years. Her property is immediately to the west of the subject property. She expressed concern with several elements of the new house: the potential negative impact on wildlife, the size of the home, the City's public noticing requirements and a lack of a sign facing the greenbelt, the potential for stormwater to drain onto her property, and the design of the retaining wall and future fences. Ms. Lazzari indicated she has no ill will towards the applicants but is concerned about the new construction. She noted that her crawl space has not flooded, but she is still concerned. She indicated that she had spoken with Member BELL, with Forestry Supervisor Margaret Paget, and with City staff at the Carnation Board of Adjustment Minutes — August 27, 2015 5 Festival. She also confirmed that she had painted her own retaining wall in order show the public notice information to the people in the Greenbelt. Mr. Stephenson indicated that a chain link fence will be temporary during construction and will only be placed if security is a risk. Member GRIEGO remarked that the plan should note that the chain link fence is temporary. Mr. Stephenson responded that the plans do note it as temporary. Ms. Lazzari expressed concern about the retaining wall so close to the floodway. Mr. Westberg stated that a temporary encroachment into the floodway is allowed for construction of the wall. The floodway will need to be in its original configuration after the wall is completed. After several questions were directed to staff and the applicant, Ms. Mikulak asked Ms. Lazzari to direct all comments to the Board. Any outstanding questions would be addressed at the end of the testimony. Member GRIEGO reminded the Board that the applicant stated they would be willing to remove the wall, and she suggested it could be a condition of approval. In response to a question from Ms. Lazzari, Member GREIGO confirmed that City staff will follow up with State regarding the wildlife in the area. Member KUNZ stated remarked that the City has limited jurisdiction over wildlife. Staff appears to have completed all necessary for this application related not only to wildlife but also to all floodplain regulations. Dan Lazzari 4175 Garland Street, Wheat Ridge Mr. Lazzari was sworn in. He testified that he has lived in neighborhood for many years and has seen water go up and down, and he has also see a lot of wildlife in the area. He expressed concern related to runoff from the house. Mr. Westberg reiterated that a drainage plan would address general over land and ground water drainage including gutter and downspout design. This would be reviewed as part of the building permit application. The Class II floodplain permit does not address routine drainage. Doug Gilmer 4280 Garland Street, Wheat Ridge Mr. Gilmer was sworn in. He expressed support for the project and said the construction would help the neighborhood. He has lived in the area for 21 years and does not feel that the addition of one more house will impact wildlife. He welcomed the family to the Board of Adjustment Minutes — August 27, 2015 6 neighborhood and expressed appreciation for their investment in a currently blighted lot. He expressed hope that the Board would approve the application. Martin Walaszek 4250 Hoyt Court, Wheat Ridge Mr. Walaszek was sworn in. He indicated that he lives in the neighborhood to the west but walks in the area frequently. He observed that the greenbelt floods routinely and asked how the construction will affect the path in then open space. Mr. Westberg indicated that the path and open space are all part of the floodway and are intended to flood more often than the private property to the north. Water on the site will go south and east from the property. Mr. Walaszek stated he welcomes the family and the new house to the neighborhood. Member GRIEGO remarked that maybe City Staff should look at some protections from increased drainage from the property. Mr. Westberg responded that staff is bound by the municipal code as to what they can require for new single family homes. Ms. Mikulak clarified how the floodplain permit relates to the subsequent approvals that will be required. The floodplain plan and permit must be reviewed before any building permit can be reviewed. The routine drainage issues that are being raised will all be addressed by a drainage plan which is reviewed in the next step in the process, as part of the building permit application. Henry Hollander 9201 West Tennessee, Lakewood Mr. Hollander was sworn in. He introduced himself as the applicant's floodplain engineer. He indicated that the 12" pipe will be put in to mitigate drainage from the house. All other drainage issues will be addressed in the building permit. Member GRIEGO asked Mr. Hollander if he had any comments after hearing the public comments. He addressed comments regarding flooding on the path in the greenbelt, and observed that the path is at a much lower elevation that the property. It will be a rare event that will result in flooding on the subject property. Mr. Hollander stated the only possible impact from this build would be from fill used to elevate the first floor of the home, and the 12" pipe running drainage to the creek will eliminate that. This construction will have no noticeable effect on flood plain. Karen Stephenson 4810 W 69th Drive, Westminster Board of Adjustment Minutes — August 27, 2015 7 Ms. Stephenson was sworn in. She introduced herself as the co -applicant and wanted to reiterate her family's intention to build a home for their family and not to negatively affect the open space or the neighbors. Through their preliminary design process, they have tried to go above and beyond what is required and will continue to do this. They will work with their new neighbors to keep drainage away from them. She expressed that they want to do right thing as they move through the process. Karen Magarill 9295 W 42"d Avenue, Wheat Ridge Ms. Magarill was sworn in. The property in question is directly south of her home. She indicated that her lawn flooded earlier this year. Her property sits lower than street and runoff is a concern for her. She also observed that the existing trail was unusable from the floods earlier this year. Chair HOVLAND asked if anyone else would like to testify. No one else wished to speak, so Chair HOVLAND closed the public hearing. In response to a question from Member ABBOTT about the City's goals, Mr. Westberg indicated it was the City's goal to mitigate impacts from floods and to remove properties from the floodplain whenever possible. Ms. Mikulak remarked that in February 2014, the federal government adopted new floodplain maps. The City of Wheat Ridge has processed two code amendments since the update in an effort to implement best practices. Member ABBOTT observed that people in the floodplain often have to flood -proof their homes if they are in the floodplain and asked if the City is encouraging people to take action to reduce flood risk. Mr. Westberg affirmed this observation and stated that the City wants to make the community more flood resilient. There are FEMA grants available to accomplish this. Ms. Mikulak commented that the City isn't seeking to transfer flood risk – it wants to reduce it everywhere. In response to a question from Member BELL, Ms. Mikulak confirmed that some municipalities purchase floodplain properties at fair market value to help eliminate flood risk and to expand open space. Ms. Mikulak noted that the City has done this a few times, but it cannot afford to buy all floodplain properties. Member GRIEGO asked staff to explain the next review step if this application is approved. Ms. Mikulak stated that the Class II Floodplain Permit would require a supermajority vote to be approved—six of the eight affirmative votes. If approved, the next step is to submit a building permit application with a site plan, construction documents, and drainage plan. If the Board denies the floodplain permit, there is an appeal process. Board of Adjustment Minutes – August 27, 2015 8 Upon a motion by Member KUNZ and a second by Member BRADFORD, the following motion was stated: WHEREAS, application Case No. FP -15-02 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, the Class II Floodplain Permit applied for may be granted without detriment to the public welfare and without impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, I move to adopt a Resolution APPROVING Case No. FP -15- 02 FOR THE FOLLOWING REASONS: 1. The lowest floor of the proposed single family residence is at least one foot above the BFE, thereby reducing the potential flood damage to the structure. 2. All of the proposed construction is outside of the floodway, thereby reducing the potential of this project causing flood damage to other properties. 3. The floodplain administrator had reviewed and supports the findings of the Floodplain Analysis, dated July 6, 2015. WITH THE FOLLOWING CONDITIONS: 1. Prior to commencing any construction on the property, the boundary of the floodway must be staked to ensure that no construction or storage of materials occurs within the floodway. The stakes shall be maintained throughout construction. 2. The proposed single family dwelling unit must be constructed in accordance with the Floodplain Permit Plan outside of the floodway and at least one foot above the BFE. 3. .The location and elevation of the proposed single family residence must be verified with a Foundation Setback and Elevation Certification. 4. In order to verify that no construction has occurred within the floodway, a Drainage Certification must be submitted and approved prior to the issuance of a Certificate of Occupancy. 5. All utilities must be installed in a manner that will protect any equipment from flood damage. Member GRIEGO asked the Board to consider adding a condition that the drainage design include a 12" pipe instead of the 6" pipe shown on the plans. Members KUNZ and BRADFORD accepted the amendment to the motion. Condition #6. It will be added to the plans that he drainage pipe on the property must be at least 12". Board of Adjustment Minutes — August 27, 2015 9 Member GRIEGO asked if removal of the retaining wall should be added as a condition. The Board did not add this condition. Member ABBOTT stated he will vote in favor of this motion because the engineering was sound and understandable. He observed that all properties in the City negatively impact wildlife habitat, but he supports the application. Chair HOVLAND called for a vote. Motion carried 6-2 with Members GRIECO and PAGE voting no. 5. CLOSE PUBLIC HEARING 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — June 25, 2015 The Board requested that spelling of Member GRIEGO's name be corrected. It was moved by Member GRIEGO and seconded by Member BELL to approve the minutes as amended. The motion passed 6-0 with Members PAGE and BRADFORD abstaining. B. Pledge of Allegiance Ms. Mikulak reminded the Board of the previous discussion regarding the Pledge of Allegiance and asked if the Members want to add the Pledge of Allegiance to the beginning of each meeting. Member GRIEGO suggested that yes, the Pledge of Allegiance should be added to the Board of Adjustment agendas. It is part of American culture and tradition and sign of respect for soldiers fighting to honor this country's flag. There was a consensus to add the Pledge of Allegiance to the agenda. It was moved by Member BRADFORD and seconded by Member PAGE to add the Pledge of Allegiance to the Board of Adjustment agendas. Motion passed 8-0. C. Public Testimony Ms. Mikulak reminded the Board of the previous discussion of why citizens are asked to state their name and address for the record. While this is not required, knowing where a citizen lives helps Members put the citizen's testimony in perspective. If a citizen is testifying and they live very near a property in question, their testimony Board of Adjustment Minutes — August 27, 2015 10 may have more weight with Members than the testimony of someone who lives far away. If someone objects to stating their address, they may be asked to simply state their city. There was consensus to continue asking for a person's name and address and to simply as for their city if they do not want to provide an address. D. Ms. Mikulak announced that the Community Development Department has hired a new administrative assistant to replace Kim Waggoner. She will start on Monday. 8. ADJOURNMENT Chair HOVLAND adjourned the meeting at 9:29 p.m. aul Hovl n , air Board of Adjustment Minutes — August 27, 2015 " K: (:?- �qo — Kelly Ste44 Deputy City Clerk