Loading...
HomeMy WebLinkAbout10/22/151. City of WheatMidge BOARD OF ADJUSTMENT Minutes of Meeting October 22, 2015 CALL MEETING TO ORDER The meeting was called to order by Chair HOVLAND at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 291h 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. Thomas Abbott Sally Banghart Janet Bell Paul Hovland David Kuntz Betty Jo Page Dan Bradford Michael Griffeth Lily Griego Meredith Reckert, Senior Planner Lisa Ritchie, Planner II Tammy Odean, Recording Secretary Ms. Reckert introduced the two new staff employees, Lisa Ritchie, Planner II and Tammy Odean, Administrative Assistant. PUBLIC HEARING A. Case No.WA-15-10 The case was presented by Lisa Ritchie. She entered the contents of the case file, 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 — October 22, 2015 The applicant is requesting approval of a 360 -square foot (60%) variance from the 600 - square foot maximum size standard to allow a 960 -square foot detached garage located at 3615 Teller Street. Staff recommends approval of this variance. Member ABBOTT had an academic question related to the staff recommendation; is the proposed investment consistent with the Neighborhood Revitalization Strategy (NRS) and other documents supported by the city that encourage property improvements. He mentioned it is recommended in the following case, but not this one. Ms. Ritchie stated it would apply in this case also. Member BANGHART asked that if the garage were to be attached to the house there wouldn't be a need for a variance. Ms. Ritchie stated that is true, but the owners want to maximize solar orientation and not get rid of windows by attaching a garage to the house. Member ABBOTT asked that if the maximum square footage for an accessory building in R-1 is 1000 sq. ft. as opposed to a maximum square footage in R-3 being 600 sq. ft. Ms. Ritchie stated that R-3 has a fairly restrictive size because the lot sizes are generally smaller and that is why staff is supporting this variance. Member ABBOTT wanted to know the limit for a detached garage in R-2. Member KUNTZ said it is 1000 sq. ft. Member HOVLAND commented that if the property were in a different zone district there would be no need for a variance. Member GRIFFITH complimented Ms. Ritchie on her site plan exhibit. Member BELL asked where the driveway will be placed so it can reach the garage. Ms. Ritchie stated that because of the horseshoe drive currently there, which is compliant with code, the applicants will have to connect to it. Caroline Mallory and Charlotte Kettering (applicants) 4001 Marshall Street, Wheat Ridge Ms. Mallory and Ms. Kettering were sworn in. Ms. Mallory stated that this is her family homestead property and she would like to be able to go back to it as a senior and enjoy living in a house that is one level and is safe. They are concerned about security in the neighborhood right now and recently had a break in at the house. They would like to have an area where they can secure things; they would also like to upgrade the house and make an improvement in the city of Wheat Ridge. Board of Adjustment Minutes — October 22, 2015 2 Member BRADFORD asked what the timelines for the additions on the house would be. Ms. Kettering stated they hope to start in April of 2016. They plan to start with additions on the house, and then work on the garage. Member ABBOTT asked if the architecture on the garage will match that of the house. He stated the importance of the matching architecture for the neighborhood. Mr. Ritchie gave the members another exhibit to look at showing the garage elevations and materials and Ms. Mallory added the gabled roofing on the garage will match those on the house as will the siding. Member HOVLAND asked what the need is for a garage this large, but after seeing the Exhibit he saw the need to fit three cars and a workshop, tandem in set up. Ms. Mallory said they want to keep the garage consistent with the neighborhood and not have the neighbors see three garage bays from the street. Ms. Reckert stated the R-3 zone allows the construction of housing from single family up to high density residential. The applicants could have chosen to demolish the house and build four apartments in its place. So in keeping with the rest of the neighborhood, staff supports the variance because it is appropriate and in context. Member ABBOTT stated it is important to encourage indoor storage with the fourth tandem bay because it makes things look better outside. Ms. Reckert stated that with regards to neighborhood revitalization, this is a big investment and it is supported by our guiding documents. Ms. Ritchie stated that in the proposed language for the conditions, staff recommends a condition that the design and architecture be consistent with representations presented to staff. Member KUNTZ believes that the garage will be a good screen from the view of the apartments in the backyard. Member HOVLAND commented that it looks like a lot of thought has been put into in trying to make it fit and it looks like a good plan. Again, if the property was in a different zone this wouldn't be an issue. Steve Stamps 3699 Teller, Wheat Ridge Mr. Stamps was sworn in. Mr. Stamps thinks this plan is an excellent idea and the addition will be an improvement for the neighborhood. Board of Adjustment Minutes — October 22, 2015 3 Member ABBOTT added number 6 and 7 to "For the Following Reasons" below. He stated it is good to add to the list why the Board Members were persuaded to vote in favor of the application. Upon a motion by Member ABBOTT and a seconded by Member BELL, the following motion was stated: WHEREAS, application Case No. WA -15-10 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, the variance 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 BE IT RESOLVED that Board of Adjustment application Case No. WA -15-10 be, and hereby is APPROVED TYPE OF VARIANCE: Request for approval of a 360 -square foot (60%) variance from the 600 -square foot maximum size standard to allow a 960 -square foot detached garage. FOR THE FOLLOWING REASONS: 1. There are unique conditions of lot size and variability within the neighborhood which will result in an accessory structure that is compatible with the surrounding area and the existing home. The proposed garage will appear incidental to the home, and significant property investment will occur as a result of approval of the variance. 2. The variance will not alter the essential character of the locality. 3. The alleged hardship has not been created by any person presently having an interest in the property. 4. The request would not be detrimental to public welfare. 5. No objections were received regarding the variance request. 6. There was positive neighborhood testimony given. 7. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. 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. Motion carried 8-0 Board of Adjustment Minutes — October 22, 2015 4 B. Case No. WA -15-11 The case was presented by Lisa Ritchie. 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. The applicant is requesting approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a two-family dwelling in the R-2 zone district located at 7075 W. 32nd Avenue. Staff recommends approval of this variance. Member ABBOTT wants to know if the parking plan meets the City standard Ms. Ritchie stated that the staff is going to look at the driveway connecting to the street and it will be reviewed when the building permit is submitted. Member BELL wanted to know if there is going to be a garage once the addition and all the work is done on the property. She is concerned about off street parking for visitors. Ms. Ritchie believes there is going to be a car port constructed. There is adequate room on the property for off street parking. Member BELL hopes there will also be parking available during the time of construction. Member PAGE asked how many parking places will be needed on the property. Ms. Reckert stated it is four per unit which also includes the garage. There is a lot of room so it should not be a problem. Member GRIFFETH asked if the other two- dwelling homes in the neighborhood were built legally. Ms. Ritchie stated that they appear to be so. Some of the homes were built before the City incorporated in 1969 so the City doesn't have all the building records. Member GRIFFETH asked if a two- family home has to be connected. Ms. Ritchie stated yes, it has to be one structure. Member HOVLAND pointed out that if the map is extended to the east side of Pierce, a lot of those homes appear to be two- family homes. Ms. Ritchie agreed. Board of Adjustment Minutes — October 22, 2015 Member BELL stated the southeast corner of Pierce and 32"d was permitted at one time to be a housing project and that is why there are multifamily homes built there. Dean Smith and Karen Smith 7075 W. 32"d Avenue, Wheat Ridge Mr. and Ms. Smith were sworn in. Mr. Smith thanked the members for bringing up the parking issue. He stated there is a single curb cut off of 32nd Avenue now and it doesn't get used a lot, but it is a place to park. Because of the topography of the site they are lucky enough to be able to turn around in the driveway and pull out front ways onto 32nd instead of backing out. A carport will be constructed on the site and part will be enclosed. Also, architecturally the second unit will be setback as to not compete with the original structure. Member HOVLAND asked if the height of the new structure is going to be much higher than what is there currently. Mr. Smith stated about 3-4 feet higher, which is well below what is allowed. Member ABBOTT appreciates the design of the new structure because it is complimentary to the existing structure and the neighborhood. It also looks like there will be no impact to the property on the east. Mr. Smith stated there are some big trees and a fence on the east side of the property and at one time they wanted the addition to be on the east, but after careful thought decided to push it back. The neighbors to the east will be impacted the most. They are renters and there have been discussions with them and they have given nothing but very positive feedback. David Cooley 7060 W. 32" Place, Wheat Ridge Mr. Cooley was sworn in. Mr. Cooley stated he is a senior citizen and has lived in and out of his house since 1957. He is not opposed to the addition, but it will impact his backyard a bit more. He would like to know the purpose of the second dwelling. Ms. Ritchie stated the applicants intend to rent out the front original part of the home and the owners will reside in the new addition. Member ABBOTT stated that his understanding is the property is zoned Residential -Two (R-2) so there can be two-family residences on the property whether it is rented or not. The board is looking at whether a two-family structure can fit appropriately on a 95 -foot lot as opposed to a 100 -foot lot. The architect has done a good job to put a nice, visually acceptable structure in view of Mr. Cooley's backyard. Jim Varner 7070 W. 32nd Place Mr. Varner was sworn in. Mr. Varner didn't know what to expect tonight, but is extremely pleased. He doesn't see the variance having any negative impact on him or his Board of Adjustment Minutes — October 22, 2015 property and is in full support. They only concern Mr. Varner has, is in regards to the privacy he gets from the foliage on the property line. He doesn't see the three foot high addition being much of a problem because of the foliage. He thinks it is a good improvement for the City of Wheat Ridge. Member ABBOTT asked if there is landscaping in the backyard. Mr. Varner stated there is vegetation growing on the 7075 W. 32nd property side and he is hoping it will not be pulled out because it is nice for privacy. Mr. Smith stated there is a fair amount of landscaping on the property line and they are going to do everything they can to save it. Some trees may be lost to disease and will have to come out eventually, but only one tree is slated to be removed. It is an evergreen tree next to the addition. Mr. Varner also mentioned a drop in elevation from his property to the Smith's so he really doesn't see any problem with the new addition height. Member KUNTZ stated that it looks like the north facing elevation windows are relatively small and that should also help with privacy. Member PAGE added number 5 to "For the Following Reasons" below, and stated it is good to add to the list to show why the Board Members were persuaded to vote in favor of the application. Upon a motion by Member PAGE and a second by Member KUNTZ, the following motion was stated: WHEREAS, application Case No. WA -15-11 was not eligible for administrative review; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, the variance 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 BE IT RESOLVED that Board of Adjustment application Case No. WA -15-11 be, and hereby is APPROVED TYPE OF VARIANCE: Request for approval of a 5 -foot variance from the 100 -foot minimum lot width standard to allow a 2 -family dwelling. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the locality. Board of Adjustment Minutes — October 22, 2015 7 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The proposed investment is consistent with the Neighborhood Revitalization Strategy and other documents supported by the city that encourage property improvements. 4. The request would not be detrimental to public welfare. 5. Historically this property previously had a variance for a two family dwelling. WITH THE FOLLOWING CONDITIONS: The addition shall be consistent with the architectural representations shown on the submittal, or other as approved by staff. Motion carried 8-0 Member BELL and Member ABBOTT gave their compliments to Ms. Ritchie, Ms. Reckert and the staff for a job well done and setting a good example with the two variances tonight and how applicants can work together with their neighbors. 5. CLOSE PUBLIC HEARING 6. OLD BUSINESS Ms. Reckert stated that a woman contacted her regarding approval of the Class II Floodplain Permit for an address on 42nd Avenue from the August 27`1' meeting. The homeowner from Hoyt Street claimed she didn't have ample opportunity to speak, although her husband did speak. It has been discussed with the director of Community Development and other staff members and it was felt that the members of the Board of Adjustment had a fair hearing. Member ABBOTT stated that he understands the best defense is that they received a fair hearing. The board listened and based the decision on what was heard. The Board of Adjustment did a good job and all participated and listened. . Member GRIFFETH stated he had not heard the term Neighborhood Revitalization Strategy (NRS) yet and does everyone have to comply with it. Member ABBOTT said he didn't think so; different cases have different aspects worth accenting. Ms. Ritchie stated staff evaluates cases and compares them to plans and documents that have been supported by or adopted by City Council; the NRS is something being used as criteria; it is an evaluation and may or may not be appropriate. Member BELL stated that during a site visit on 32"d Avenue, she met a woman walking a dog and struck up a conversation. The woman's opinion was that she thought the Board Board of Adjustment Minutes — October 22, 2015 of Adjustment would not listen to her if she came to a meeting. She didn't realize the Board will always listen to keep the process fair. . Ms. Reckert stated she thinks the Board does a good job and appreciates Member ABBOTT'S input and additions to the discussions and to keep up the good work. Member HOVLAND said that Member ABBOTT does a good job of explaining to the applicants what the BOA can and can't do. 7. NEW BUSINESS A. Approval of Minutes — August 27, 2015 It was moved by Member PAGE and seconded by Member BANGHART to approve the minutes as written. The motion passed 8-0. Ms. Reckert let the Board know that the November and December meetings will be combined and held on Thursday, December 10, 2015. As of now there are no cases scheduled. Member BELL asked if a sample motion can be included in the packet. Member PAGE asked if it could be printed on the divider paper. Member ABBOTT stated he likes all the "WHERE AS's" because it adds an element of formality because this is not a casual meeting. Member BELL agrees. 8. ADJOURNMENT Chair HOVLAND adjourned the meeting at 8:27p.m. Paul O LAN hair Tammy Od , Recording Secretary Board of Adjustment Minutes — October 22, 2015 9