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HomeMy WebLinkAbout06/25/151. R 3. 4. City of Wheat Ridge BOARD OF ADJUSTMENT Minutes of Meeting June 25, 2015 CALL MEETING TO ORDER The meeting was called to order by Chair HOVLAND at 7:04 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat Ridge, Colorado. ROLL CALL Board Members Present: Thomas Abbott Sally Banghart Janet Bell Paul Hovland Lily Griego David Kuntz Alternates Present: Michael Griffeth Larry Richmond Board Members Absent: Betty Jo Page Dan Bradford Staff Members Present: Gerald Dahl, City Attorney Kenneth Johnstone, Community Development Director Meredith Reckert, Sr. Planner Lauren Mikulak, Sr. Planner Kelly Stevens, Recording Secretary PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING A. Case No.WA-15-06 The case was presented by Lauren Mikulak. She entered the contents of the case file and packet materials, the zoning ordinance and the digital presentation into the record. She stated all appropriate notification and posting requirements have been met and advised the board there was jurisdiction to hear the case. She reviewed the presentation and staff report. Board of Adjustment Minutes June 25, 2015 The applicant is requesting approval of a 21 -foot (84%) variance from the 25 -foot setback requirement for side yards facing a public street. The purpose of this variance is to allow for the construction of a two -car detached garage with a 4 -foot setback on the northern portion of the property. The variance request would result in a 4 -foot side yard setback, but the proposed garage would meet all other development standards including height and maximum size. Staff recommends approval of this variance. There are unique circumstances attributed to this request that warrant approval. Chair HOVLAND asked about the entry to the current garage and stated it seems to be a very tight entrance from Marshall. Ms. Mikulak stated the new driveway would be off of 301" Avenue. Member GRIEGO asked if there was a natural swale on this section of the property. She wanted to know if the applicant has demonstrated he will maintain current drainage. Ms. Mikulak stated that currently, they have not progressed to full design plans just yet, but adequate drainage will be part of conditions and reviewed at the time of building permit. Member ABBOTT asked if the conditions at the site are consistent with the representations depicted in the presentation and if the application provided sufficient detail. Ms. Mikulak responded that the application was accurate and completed—size, orientation, roof pitch, etc. are standard elements that are required with a variance. Dave Fisher 2990 Marshall Ct Mr. Fisher explained that he is aware that he will be required to include a culvert for proper drainage at the site because of the drastic changes in topography. He also expects to include a French drain behind the new building as well. Member GRIEGO asked what size the current garage is and what the applicant plans to keep in the new garage. Mr. Fisher stated the current garage is a 2 -car garage, but the current driveway is oddly oriented at best. The current garage and driveway configuration will only accommodate a standard sized car. With the unusual angle of the driveway, most of the family has to use on -street parking. His family has 5 cars in total. He plans to park his boat and his teenagers' vehicles in the new garage. Chair HOVLAND asked about the trailer on the property that appears in the photographs. Board of Adjustment Minutes June 25, 2015 2 Mr. Fisher responded that it will be moved to a spot perpendicular to where it is presently located. It will not be stored in the garage but will be better screened by the garage. Member ABBOTT asked if the severe grade change explains why the garage is oriented toward 301h Avenue instead of Marshall. Mr. Fisher stated it was. The topography is difficult and steep when entered from Marshall. The area flattens out on the 301h Avenue frontage and he wants to build on the flattest part of the property and avoid major changes to the topography of the site. The Denver Water easement encompasses most of the lawn area, which pushes the buildable parts of the site to the north end. He wants to build a 24 x 36 foot garage and the orientation of the property keeps it on the flattest part of the property. Member KUNTZ remarked that the grades make it difficult to construct a flat driveway off of Marshall. Member RICHMOND asked the applicant to elaborate on the need for a French drain. Mr. Fisher responded that he assumes he will have to address drainage issues on the property and plans on a culvert along 30`h Avenue and a French drain at the back of the garage. Regardless of City requirements, he has to divert drainage from top of the property or he will have problems with the garage foundation in the future. Member GRIFFETH asked how the applicant determined the proposed 4 -foot setback. Mr. Fisher stated he was trying to orient the new garage to keep on the flat part of the property. The closer the garage sits to the street, the more it mitigates the problems with the topography of the site. By utilizing the flat frontage along 301h Avenue, he can eliminate the steep driveway. Chair HOVLAND asked if Mr. Fisher intends to keep the fence and gate pictured along Marshall. Mr. Fisher responded that he will not keep the gate as pictured — it will become a solid fence. He may add a gate parallel to W. 30`h Avenue instead. There will be no fence between the garage and the street. Member ABBOTT asked the applicant if he had looked into grade mitigation with any engineers. Mr. Fisher responded that he fully expects this to have to be done. He doesn't want to increase the grade of that driveway, and he can't change the topography of the street, so has to deal with the situation and use the flatest frontage along 30`h. The culvert he plans for drainage will help reduce the grade. He wants to stay in Wheat Ridge a very long time and needs to enhance his property accordingly. Board of Adjustment Minutes June 25, 2015 Member GRIEGO asked if the applicant had a back-up plan if this application was to be denied. Mr. Fisher replied that he really has no other option because of the topography of the lot and the Denver Water easement that runs across it. These two features severely limit his options. If the request is denied, then he likely wouldn't be able to build a detached structure at all. Chair HOVLAND asked staff if it was legal to have driveway along 301h Avenue. Ms. Mikulak answered that driveways have to be 25' from intersection and must be 5 feet or less or over 18 feet in length. Driveways are not permitted to be between 5 and 18 feet in length because cars would overhang the road or sidewalk, but this planned driveway is 20 feet, so it is legal. Chair HOVLAND observed that the property presents a challenge and unique circumstances. Mr. GRIFFETH referred to page 12 of the handout and asked how wide the garage doors would be. Mr. Fisher stated he had planned on two 15 -foot doors. Ms. Mikulak stated the project is within the allowable size of 1000 square feet. The planned size of the garage is 24' x 36'. Upon a motion by Member KUNTZ and seconded by Member BELL, the following motion was stated: WHEREAS, application Case No. WA -15-06 was not eligible for administrative review; 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; and NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15-06 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of a 21 -foot variance to allow a 4 - foot setback in a side yard adjacent to a public street, in the R-2 zone district, and for the construction of a detached garage. FOR THE FOLLOWING REASONS: Board of Adjustment Minutes June 25, 2015 4 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. Topography and easements on the property significantly reduce the buildable area of the lot. 4. The alleged hardship has not been created by any person presently having an interest in the property. 5. The request would not be detrimental to the public welfare. 6. No objections were received regarding the variance request WITH THE FOLLOWING CONDITIONS: 1. The design and architecture of the proposed garage shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a building permit. A friendly amendment was offered to add the following two reasons: 7. Staff feels the plan for a 20 -foot driveway will be appropriate now and into the future. 8. The driveway length will exceed the 18 -foot minimum established by the zoning code. Motion carried 8-0. 5. CLOSE PUBLIC HEARING Chair HOVLAND closed the public hearing. 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — May 28, 2015 It was moved by Board Member BANGHART and seconded by Board Member Thomas ABBOTT to approve the minutes as written. The motion passed 6-0-2 with Board Member KUNTZ and GRIEGO abstaining. 8. ADJOURNMENT Chair HOVLAND adjourned the meeting at 7:46 p.m. W444v/- Paul HOVLAND, Chair elly St s, Recording Secretary Board of Adjustment Minutes June 25, 2015