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HomeMy WebLinkAbout05/16/1996 s MINUTES OF MEETING May 16, 1996 CITY' OF WHEAT RIDGE PLANNING COMMISSION 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson LANGDON at 7:30 p.m., on May 16, 1996 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue., Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Robert Eckhardt - Harry Williams Carolyn Griffith Jay Rasplicka Carl A. Cerveny - George Langdon Janice Thompson Warren Johnson EXCUSED ABSENCE STAFF PRESENT: EXCUSED ABSENCE Glen Gidley, Director of Planning & Development Sandra Wiggins, Secretary PUBLIC HEARING The following is the official copy of Planning Commission minutes for the Public Hearing of May 16, 1996. A copy of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. • Planning Commission Minutes Page 2 May 16, 1996 3. PLEDGE OF ALLEGIANCE 4. APPROVE TSE ORDER OF THE AGENDA Commissioner WILLIAMS moved to approve the order of the agenda for the meeting of May 16, 1996 as printed. Commissioner JOHNSON seconded the motion. Motion carried 6-0. 5. APPROVAL OF MINiTTES Commissioner WILLIAMS moved to approve the minutes for the meeting of May 16, 1996 as printed. Commissioner RASPLICKA seconded the motion. Motion carried 4-0, with Commissioners GRIFFITH and THOMPSON abstaining. 6. PIIBLIC FORIIM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section. of the agenda.) No one had signed the roster, nor came forward to speak at that time. • 7. PIIBLIC BEARING 1. Case No. MS-96-4: An application by Richard Carpenter for Michael Lynch for approval of a two-lot minor subdivision with variances. Said property is located at 3707 and 3711 High Court. Mr. Gidley began the staff report, asking if both property owners were present. It was established that only one property owner, Ms. Mowry, owner of 3707 High Court, was present. Mr. Carpenter, the applicant, was present. Mr. Gidley informed Commission of their options: 1. Commission could make tentative decision, notifying missing property owner. 2. Commission could continue the case until missing property owner could be present. Normally, Mr. Gidley added, Commission would not hear a case if the property owner is not present. Ms_ Mowrv stated from the audience that she was the property owner of 3707 High Court. The owner of the vacant lot south of her was not present. . Following discussion, it was consensus of Commission that testimony would be heard. Following that, the public hearing • Planning Commission Minutes Page 3 May 16, 1996 would be closed and request that the missing property owner be present at our next meeting (June 6, 1996), when a decision will be made. Mr. Gidley proceeded with the staff report. Entered and accepted by the Chairperson were the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, case file, packet materials, exhibits and slides. Commissioner RASPLICKA asked if the setbacks were adequate. Mr. Gidley answered that the setbacks on Lot 1 were adequate. A nonconforming setback exists for a small structure which is not affected by the plat. He elaborated. He added that there was adequate space for a house to be built and meet setbacks. Commissioner RASPLICKA noted that he thought the driveway was much closer to the south property line. Mr. Gidley agreed that it was close to the property line. Commission THOMPSON stated the garage on Lot 1 looked closer than • five feet from the property line. Mr. Gidley stated the garage was not shown on the survey provided to the City. Commissioner THOMPSON asked what would happen with setbacks should a house be built on the property. Mr. Gidley stated that according to another survey, the garage is about one and one-half feet from the proposed property line. A five-foot setback is normally required. Commissioner THOMPSON asked if another variance would be required. Mr. Gidley answered that if a house is built on the vacant parcel, a eight and one-half foot setback would be required on the north property line. Commissioner WILLIAMS asked if the street was substandard. Mr. Gidley stated the street was standard from the point that there is existing curb and gutter, but substandard because it was not fully dedicated. An additional five feet is being dedicated by the plat, making the measurement 25 feet to centerline. • Commissioner LANGDON asked about other substandard lots in the area. What will happen to those substandard lots? • Planning Commission Minutes Page 4 May 16, 1996 Mr, Gidley stated that the lot in question could be divided in two, half sold to the property on the south and half to the property on the north. This is rather common, he added. He elaborated. Commissioner RASPLICKA asked if a variance would have to be granted to the side setback, which is only a foot and a half, when it should be five feet. Mr. Gidley answered that was a good point. If the other variances are granted, he thought it would be best to grant a variance to the side setback for the garage. Commissioner THOMPSON asked how it was the Planning Commission could hear a case that involved a case containing a lot line which had been created illegally. Mr. Gidley stated that applicant was attempting to make the lot Line legal. He further stated that when the applicant applied for a building permit, the permit was denied because of the illegal lot line. Applicant, he explained, had appealed an administrative decision. He elaborated. . Commissioner RASPLICKA asked how long the house has been on the property? Mr. Gidley answered the house is old, probably at least it dates to the 1940s. Commissioner RASPLICKA asked if it always had been just the one house on the entire parcel. Mr. Gidley answered yes, it had. Richard Caroenter, applicant, 7120 Routt Street, Arvada, was sworn in. He apologized for the necessity of this hearing, but explained he had been misled in 1987 when he purchased the property as a HUD repossession. He was led to believe he could build a house on the vacant portion of the property, since he was told the lot was 135 feet deep. Unfortunately, the lot is between 109 and 110 feet deep. Mr. Carpenter stated the legal description had once included land in the street right-of-way. He elaborated. Mr. Carpenter then addressed staff's comments made in the staff report. Commissioner JOHNSON stated he was confused and asked the applicant, Mr. Carpenter, if he owned the vacant lot. • Mr. Caroenter stated he sold the lot on January 2, 1996 to Scott Wilson. He explained the agreement, stating he did not own the land. • Planning Commission Minutes Page 5 May 16, 1996 Commissioner RASPLICKA asked if he divided the property in 1987. Mr_ Caroenter Stated he did. Commissioner RASPLICRA asked why the property line wasn't moved to accommodate the side setback of five feet when the property was divided? M.r. Carnenter stated he could not answer that question, as he was not versed in that type of thing. He added that it was done by deed, by an improvement survey. The City was not consulted, therefore he had no knowledge of the required setbacks. Mr. Gidley asked the applicant if it would be possible to adjust the lot line three and one-half feet to accommodate the required setback, as Commissioner RASPLICKA suggested. Mr_ Carpenter stated he did not think that would be a problem. Commissioner RASPLICKA stated he believed that since Mr. Carpenter purchased the property from HUD, he would have recourse. Mr, Ca.rngnY.er agreed that he believed he did have recourse. Chairperson LANGDON asked Mr. Carpenter about the letter from Security Title Guaranty Company in the staff report dated November, 1991. Mr_ Carpenter stated that the revised title commitment referred to in the letter from Security Title Guaranty Company referenced a bird coup at the rear of Lot 1 which encroached 16 feet onto Lot 2. This structure was torn down. Additionally, there remains two-inches of a concrete walk which still encroaches onto Lot 2. He assured Commission that the title company would insure with the 2-inch encroachment. L. Del Piccolo, 611 Willowbrook Road, Silverthorne, Colorado, was sworn in. Mr. Del Piccolo stated that he owned the property to the south, along with his brother and sister. He added that the house on the lot is occupied by his mother, who is quite elderly. Mr. Del Piccolo referred to the letter he wrote and reiterated his opposition regarding this request. He felt that since the lot he owns is small and the subject lot is substandard, the request should be denied. Chairperson LANGDON asked Mr. Del PicCOle to provide his mother's address. Mr_ Del Piccolo stated the address was 3715 High Court. • Planning Commission Minutes Page 6 May 16, 1996 Barbara Mowrv, 3707 High Court, was sworn in. Ms. Mowry stated she was the new owner of 3707 High Court. She found out about the requested subdivision by reading the posting sign and was concerned that the only entrance to Lot 2 was through her driveway. Ms. Mowry stated she was confused about the request and wanted more information. Commissioner RASPLICKA informed Ms. Mowry that if FHA approved her loan and she had title insurance, there would be no problem with ownership. Chairperson LANGDON reiterated that staff had suggested that a decision on this case be postponed - should the case be continued? Mr. Gidley stated that in order to allow Mr. Carpenter to sort out his options, to talk with Mr. Wilson and Ms. Mowry and perhaps the other property owner to the south, he suggested that the public hearing be closed and then continue the case to the next regular meeting, June 6, for the purpose of making a • decision. Should the situation change between now and then, staff would report any changes to Commission. Then, at the June 6 meeting either a statement from the property owner of 3711 High Court would be available, or the property owner would be present. At that time Commission could make a determination or, if there was not adequate information available, continue the case to a specific date. Commissioner JOHNSON asked if there was a chance that the applicant could sit down with adjacent property owners and work out a solution? Mr. Carpenter answered that he was willing to try. Commissioner THOMPSON asked if the applicant would. provide a corrected plat, since the plat provided did not show the garage? Mr. Gidley stated that the garage on Lot 1 should be shown. He added that options regarding the lot line could be discussed. Chairperson LANGDON closed the public hearing regarding Case No. MS-96-4 and asked for a motion to continue the case to the next regular meeting, June 6, 1996. Commissioner JOHNSON moved that Case No. MS-996-4 be continued to June 6, 1996. • Commissioner WILLIAMS seconded the motion. Motion carried 6-0. • Planning Commission Minutes Page 7 May 16, 1996 2. Case Na. MS-96-5: An application by Daniel Schneider for the Estate of Julia Marie Cobb for approval of a four-lot minor subdivision for property located at 12345 West 38th Avenue. Mr. Gidley informed Commission that the address for this property was out of sequence and would have to be changed. Mr. Gidley presented the staff report. Entered into the record were the Zoning Ordinance, Subdivision Regulations, case file, exhibits and slides. Mr. Gidley informed Commission that the Parks and Recreation Commission had met the previous night and discussed the request. A 5 percent land dedication in lieu of fees was recommended by the Parks and Recreation pursuant to this request. Mr. Gidley did note plat would need revision prior to recording showing a new tract along the north edge of the property, which would be dedicated to the City of Wheat Ridge for parkland purposes. This new tract would reduce the size of Lots 3 and 4 and Lot lines would have to be adjusted, in order to maintain the one acre minimum. Applicant is requesting approval of the request, whereby they would create a deed and present the deed to the City together with a revised plat. The plat would then be recorded and the deed would be taken to Council for approval. • Commissioner RASPLICKA stated that it was his understanding that the zoning would not be changed from Agricultural. Mr. Gidley answered that was correct. Commissioner THOMPSON asked if the turnaround required by the Fire Department would be installed on Lot 4. Mr. Gidley stated that was correct. Commissioner THOMPSON asked when that would be designed. Mr. Gidley answered that it would be designed when applicant applied for a building permit for Lot 4. The permit application would be referred to the Fire Department, who would work out a design and location for the turnaround. Commissioner THOMPSON asked if the turnaround would have to be. installed even if the existing house was not demolished? Mr. Gidley answered yes, because access is currently off the west side and it will be relocated to the east side. Commissioner THOMPSON asked if the applicant would put funds into an escrow fund to cover costs of connecting to sanitation lines? Mr. Gidley stated that the requirement would become a deed restriction. With the sale of each lot, the title guaranty would • Planning Commission Minutes Page 8 May 16, 1996 indicate an existing deed restriction. That way, any potential buyer would know that sometime in the future he or she may be required to connect to sanitation lines. Commissioner RASPLICRA asked if it was good planning to leave the Agricultural zoning. Mr. Gidley noted that the proposed lots were fairly large. With the large parcels the owner would be allowed to have large animals, but they would have limitations, based on square footage of the site. He elaborated. He added that the ultimate decision to rezone or not to rezone rests with the applicant. Chairperson LANGDON asked about the reconfiguration of the lots. Mr. Gidley showed (on the overhead) optional lot lines once the 50 land dedication has been made. He elaborated. Commissioner LANGDON asked how a permit for a septic system is obtained? Mr. Gidley answered that the sanitation district and County • health department would make decisions regarding design involving size of property, soil conditions, etc. The City would decide whether the septic system would be allowed according to public policy. Discussion followed. Louise 'Ititrner, 11256 West 38th Avenue was sworn in. Mr. Gidley reminded Chair that the applicant should be heard first . Daniel Schneider, 2562 Taft Court was sworn in. Mr. Schneider informed those present that he wanted to purchase the property in question so that he could build a residence for himself as well as three other homes. He noted it was possible to build 14 single-family lots on the property. Mr. Schneider stated that to maintain the character of the area, he was requesting a four-lot minor subdivision, making each lot greater than one acre. He elaborated. There were no questions from Commission. Chairperson LANGDON asked who makes final decision on septic system? • Mr. Gidley answered that the City would. • Planning Commission Minutes May 16, 1996 Page 9 Louise Turner (previously sworn in) Mrs. Turner stated that the applicant and all involved with the proposed development should be commended. She stated she was grateful that the development would maintain the "rural" character of the neighborhood. She urged Planning Commission to approve the subdivision. Doha Jenks, 11885 West 38th Avenue was sworn in. Mr. Jenks stated he was an adjacent property owner and he was in favor of the subdivision. Commissioner WILLIAMS asked if all concerns regarding sanitation would be covered under the building permit? Mr. Gidley suggested that Commission stipulate in the motion any condition(s) because it deals with public policy. He elaborated. Commissioner THOMPSON asked if the City or County has a requirement regarding the amount of land necessary in order to have a septic system? Will the properties in question meet those requirements? Mr. Gidley stated that there was a one acre minimum according to . Mr. Romberg with the sanitation district, however the one acre minimum has some constraints having to do with the system design and the type of soils on the property. He elaborated. Commissioner THOMPSON asked if the one acre requirement had to be open land, or could that include any structures? Mr. Gidley stated the one acre could be the total area of property, not necessarily an acre excluding the leech field. Commissioner THOMPSON asked if the property had been tested to see if the soil was leech field compatible? Mr. Gidley stated he did not know if the proper tests had been done, however, Mr. Schneider is a soils engineer. It was the determination of Mr. Schneider and Mr. Romberg, that Lot 3 could accommodate a leech field. Commissioner JOHNSON thought it was up to the sanitation district to design the system and make it work. Mr. Gidley stated it should be stated on the face of the plat so that it becomes a deed restriction, so that potential buyers would know of the potential Cost. Commissioner THOMPSON asked if the requirement is stated on the • deed, is there a time limitation for connecting to the sanitation district lines. . Planning Commission Minutes May 16, 1996 Page 10 Mr. Gidley stated he had never had to force someone to connect to the sanitation district lines. He knew it could be done, but had no knowledge of procedure or time limitation. He thought the owner would have a reasonable time to connect; likely a year. Discussion followed. Mr. Schneider stated he wished clarification on something. He asked if the 400 feet pertained if the sewer was in the public right-of-way? Mr. Gidley stated that he thought the rule was if the sewer main was within 400 feet - it could be public right-of-way, or an easement. Commissioner RASPLICKA moved that Case No. MS-96-5, an application by Daniel Schneider for the Estate of Julia Marie Cobb for approval of a four-lot minor subdivision for property located at 12345 West 38th Avenue, be approved for the following reasons: 1. The proposed subdivision is consistent with the underlying R-1 and A-2 zone districts. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: 1. That the private drive be widened to 30 feet as designated on the access easement; and 2. That the cul-de-sac must be properly designed to meet building and fire department regulations; and 3. That the subdivision be reconfigured to accommodate the 5°s park land dedication requirement; and 4. That it is acceptable to develop Lots 3 and 4 utilizing a septic system (if approved), however those lots would be required to connect to sanitary sewer should available lines come within 400 feet and that this requirement be placed on the property deed. Commissioner JOHNSON seconded the motion. Motion carried 6-0. Chairperson LANGDON called a short break at 9:32 p.m. Meeting reconvened at 9:45 p.m. 3. Case No_ 2OA-96-2. Public hearing will be held on a proposed amendment to the Wheat Ridge Code of Laws, Zoning and Development Code, Section 26-5. Definitions, regarding the definition of the term "STORY" relating to building setback requirements. • Planning Commission Minutes Page 11 May 16, 1996 Mr. Gidley presented the case. He passed out copies of the existing definition of "STORY" in the Zoning Ordinance. Commissioner WILLIAMS asked about the setback requirements. Mr. Gidley explained it was based upon 12-foot increments. Commissioner JOHNSON asked if the proposed regulation would be the standard in all zone districts? Mr. Gidley stated only those zone districts that use the term "STORY" for the purpose of setbacks - usually the commercial and high-density residential districts. He gave some examples. Commissioner WILLIAMS moved that Case No. ZOA-96-2, a proposed amendment to the Wheat Ridge Code of Laws, Zoning and Development Code, Section 26-5. Definitions, regarding the definition of the term "STORY" relating to building setback requirements be forwarded to City Council with a recommendation for Approval as per staff memo dated 5/9/96 regarding this case. Commissioner JOHNSON seconded the motion. Motion carried 6-0. . 4. Case No. ZOA-96-3: Public hearing will be held on a proposed amendment to Wheat Ridge Code of Laws, Zoning and Development Code, Section 26-33. Excavation and Deposit Control. Mr. Gidley presented the case. He noted that the proposed amendment relates to changes to the 1994 Uniform Building Code and to Chapter 5 of the Code of Laws that deals with licenses and building activities. Mr. Gidley explained that some activities relate to the Public Works Department and the issuance of fill and excavation permits. He added that Council would discuss this next Monday. He elaborated. After discussion, several concerns were voiced and it was consensus to continue this case to the first meeting July, which would be July 18, 1996 (first Thursday is a holiday). 8. CLOSE THE PDBLIC HEARING 9. OLD BIISINESS i0. NEW BIISINESS 11. DISCQSSION AND DECISION ITEMS • 1. Commissioner RASPLICKA requested items to take to PWAC. • Planning Commission Minutes Page 12 May 16, 1996 2. Mr. Gidley informed Commission of a workshop sponsored by APA Colorado June 15, 1996 at the Arvada Center for the Performing Arts. The subject will be Current, Issues in Planning, a workshop for planning commissioners and those who work with them. Commissioners who are interested need to inform the secretary. 3. The State APA Conference will be held in Colorado Springs this September. The City pays for tuition, lodging and meals. 4. City Council decisions: • Overlay Zone ordinance died for lack of a second. • Mass rezoning ordinance was approved with modification • 5. Mr. Gidley at the request of Chairperson LANGDON explained quasi-judicial implications to those present. 12. COMMITTEE AND DEPARTMENT REPORTS 13. ADJOURNMENT There being no further business, Commissioner WILLIAMS moved for adjournment, Commissioner JOHNSON seconded the motion. Motion carried 6-0. Meeting adjourned at 10:35 p.m. ~C~ Sandra Wiggins, etary •