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HomeMy WebLinkAbout1-28-161. City of Wheat Rdge BOARD OF ADJUSTMENT Minutes of Meeting January 28, 2016 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. 5. Alternates Present: Board Members Absent Staff Members Present: PLEDGE OF ALLEGIANCE PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING Sally Banghart Dan Bradford Janet Bell Paul Hovland David Kuntz Betty Jo Page Thomas Abbott Rocco Germano Lily Griego Meredith Reckert, Senior Planner Zack Wallace, Planning Technician Tammy Odean, Recording Secretary A. Case No. WA -15-14: An application filed by Carolyn DiPietro for approval of a 2 - foot (50%) variance from the 4 -foot maximum fence height permitted in a front yard resulting in a 6 -foot high solid fence in the front yard for property zoned Residential - One A (R-1 A) and located at 3400 Garrison. The case was presented by Zack Wallace. 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 Board of Adjustment Minutes January 28, 2016 advised the board there was jurisdiction to hear the case. He reviewed the digital presentation. Mr. Wallace stated that this case was first reviewed administratively, but there were written objections received during the 10 -day public notification period which prohibited the case from being approved by the Community Development Director. Therefore, the Board of Adjustment is empowered to hear and decide upon the variance request. Mr. Wallace stated there is an existing wrought iron fence about 6 -feet tall currently running the distance along Garrison Street and the applicant would like to make it a solid 6 -foot fence. There are three main issues that create a hardship for the applicant. First, the orientation of the home in relation to the street frontage, the front yard functions more as a side yard. Second, the double frontage of homes along Garland Street, which back up to Garrison Street, creates an alley effect with garages and driveways accessing Garrison. Finally, the applicant is aware that she can build a solid 6 -foot fence behind the 25 -foot setback, but the water table is high and the post holes will fill with water. She is worried about damaging tree roots by digging post holes. The applicant would also like more privacy and security because there is traffic across the street associated with a plumbing business' deliveries and drop offs. Mr. Wallace closed by stating that staff recommends approval of the variance due to the before- mentioned reasons and the fence would not be detrimental to public safety or welfare. Member ABBOTT asked if small trailer parking is legal for property owners and if loading and unloading is allowed. Mr. Wallace stated as long as the trailer is not stored in the Right -of -Way. Ms. Reckert stated that in-home businesses are allowed but not those which result in negative impacts to the residential neighborhood. There should be no commercial traffic associate with the in-home business entering the neighborhood. The regulations allow one car to be parked on the street frontage of the house but the ancillary trailers in the back, along Garrison, are not allowed. A certified letter has been sent to the homeowners alerting them of the requirements for an in-home business. No response was received to the letter and code enforcement action may be pursued Chair HOVLAND asked if the fence will extend beyond the property in front of the lake. Mr. Wallace explained the fence will only extend the length of the current fence which stops just before the lake. Member BANGHART wanted to know how the angling of the home is considered a hardship to the applicant. Board of Adjustment Minutes January 28, 2016 2 Mr. Wallace and Ms. Reckert stated it is a hardship because the house and resulting front yard are not parallel to Garrison Street which limits privacy on the side yard because the house sits askew. Member BELL made note that some of what was done in the city was actually done by the County before the City of Wheat Ridge was incorporated in 1969. Ms. Reckert agreed and said the lake was originally used for irrigation and is now privately owned. The applicant's house was probably one of the last to be built and was angled so the back of her house has a view of the lake. Due to the angle, her side and back yard also have a view of the garages across Garrison Street. Carolyn DiPietro 3400 Garrison Street, Wheat Ridge Ms. DiPietro stated she bought the house almost 3 years ago. Within this time, she has upgraded the house and taken care of the landscaping to improve the neighborhood. One reason for the solid fence is to control her dogs. When the dogs go outside, they run straight to the fence and bark at people, cars and trucks on Garrison Street. She has a view from her back porch of the lake but also of the garages and trailers across Garrison. When people come to pick up plumbing supplies from the house across the street, they look into the front, side and back yard. A solid 6 foot fence would block the traffic on Garrison Street and provide added security. Ms. DiPietro explained she is also in the process of replacing the gate which is in disrepair. The gate will compliment a solid fence better than the wrought iron that is there now. Member PAGE asked if the grade of the driveway was the same as the garage. Ms. DiPietro state yes, a car can drive straight into the garage from the driveway. Chair HOVLAND asked if the gate, once fixed, is going to be solid or wrought iron and open. Ms. DiPietro said it will be wrought iron and open. Member KUNTZ noticed there are no windows on the house that face Garrison Street and wondered if the applicant can add a screening fence off the northwest side of her house for privacy. Ms. DiPietro explained that to dig post holes that close to the lake can be difficult because they fill up with water. Also, there are a lot of roots for the trees by the lake which may be damaged by digging holes. Discussion continued with regard to traffic on Garrison and the alleged, illegal home occupation and alternate designs for the fence. Board of Adjustment Minutes January 28, 2016 Ms. Pietro mentioned that a 5' high fence would allow the lake to be seen from the street but not her yard. Ms. Reckert reminded the board members that they can grant less than what is asked for by the applicant, but not more. Chair HOVLAND swore in the speakers for the Public Hearing Troy Scott 3390 Garrison Street, Wheat Ridge Mr. Scott's expressed concern with a 6 -foot fence due to safety concerns backing out of his driveway. Member ABBOTT asked staff about the driveway sight triangle requirement. Because the applicant's driveway will be open and is approximately 15 -feet across, it appears that Mr. Scott should have a clear sight triangle. Ms. Reckert responded that a regulated sight triangle is 15 feet and Mr. Scott's driveway is at least another 10 -feet south from the applicant's driveway and more from the fence. Mr. Scott was also not happy with the way the fence was modified in between his property and the applicants and doesn't want to see the same thing done along the street. Member KUNTZ asked Mr. Scott about the fence height being lowered to the top line of the existing wrought iron fence and if this would alleviate his concerns. Mr. Scott replied that it would. Patricia Cusack 3380 Garrison Street, Wheat Ridge Ms. Cusack asked if the wrought iron gate is going to give the applicant enough privacy. Ms. DiPietro replied that it would. Member ABBOTT asked if Ms. Cusack if she had any objection to a 5 -foot solid fence if there is an open wrought iron gate. Ms. Cusack reiterated she does not see anything wrong with a 4 -foot fence. Mikayla Hinkle (here on behalf of her parents, the property owners) 3420 Garland Street, Wheat Ridge Ms. Hinkle read a letter from her parents into the record stating their concerns. The concerns include the beauty of the neighborhood being lost because the view of the lake would be gone; the sight triangle if the solid fence is built would limit the visibility of the applicant backing out of her driveway; it could set a president for others to build taller fences; a solid fence would not be aesthetically pleasing. Ms. Hinkle explained that as one of the pictures displayed during Mr. Wallace's Board of Adjustment Minutes January 28, 2016 4 presentation shows a white box trailer parked near their garage and after a conversation with the next door neighbor (3400 Garland Street), the trailer was moved. Member KUNTZ stated that per code Ms. DiPietro can build a 4 -foot fence which could cause the same concerns Ms. Hinkle addressed. Member PAGE wanted more information about Ms. Hinkle's parent's plumbing business. Ms. Hinkle stated that the plumbing business is not run out of the home and that her parents have a separate office and separate storage space for the business. Her father keeps a business truck at the house, in the back garage, but doesn't run a business out of it. Ms. Reckert stated that to have a home occupation business license the owner of the business needs to live at that location and there can be no traffic in the neighborhood to pick up supplies. Ms. Hinkle stated her parents do live at the house and to the best of her knowledge nobody comes by to pick up plumbing supplies. Discussion continued regarding the plumbing business. Member BELL stated it is unfortunate that the front yard of a house has to look at the backside of a double frontage property. Ms. Reckert stated it is highly unusual to have a double frontage lot in the City now and they are no longer allowed pursuant to the City's subdivision regulations. Michelle Jenuine 3335 Garrison Street Ms. Jenuine state she bought the house in 2001 and it is just south of 3400 Garrison on the west side. It is a duplex in which one unit faces Garland and the other unit faces Garrison. It is currently a rental and her family plans to move back to it someday. Ms. Jenuine expressed there may be a better alternative and that they do not want to see the view of the lake disappear Member ABBOTT wanted to remind Ms. Jenuine that the BOA is not ruling on a privacy fence, a 4 -foot privacy fence is allowed. They are ruling on the 2 -feet above the maximum fence height. Chris Jenuine 3335 Garrison Street, Wheat Ridge Mr. Jenuine stated his main concern with Ms. DiPietro's request is aesthetic and would like maintenance of the view as when they bought the house. Mr. Jenuine stated that the improvements to the house by Ms. DiPietro are beautiful and she should be commended for that. Board of Adjustment Minutes January 28, 2016 5 Member PAGE stated she feels if there is a 6 -foot solid fence put up at the property in question then Garrison Street will feel too much like an alley. Member GERMANO indicated that he agrees with the staff conclusions and recommendations and feels the applicant has met the criteria. Member KUNTZ stated he does not agree with the staff conclusion of the hardship criteria being met. Member PAGE stated that dogs bark whether there is a solid or open fence Member BANGHART also stated she does not agree with staff's conclusions of the hardship criteria being met. Member ABBOTT stated that staff pointed out two hardships. With regards to the angle of the house, he does not feel this is a hardship, because the primary scenic view is to the north not to the west. The second hardship though, looking into the backs of the houses across the street and their garage fronts, with cars and trailers parked there, is a hardship. Member ABBOTT does not think the additional 2 -feet at the top of the fence is going to mitigate the second hardship and feels a 4 -foot fence would take care of the problem. Member KUNTZ stated it is unfortunate the west side of Garrison has turned into off street parking for trailers, but feels the builder of the house oriented the house just for that reason, especially since there are no windows on the west side of the house to look in that direction. Member BANGHART explained that the other homes to the south of 3400 Garrison also have their garages facing the backs of the homes across the street and would hate to see them follow suit and build 6 -foot fences as well. Member HOVLAND feels the fence that is currently there is a good balance of trying to accommodate both view and privacy. Neighborhoods go through periods of construction so there are phases when cars and trucks are parked along the roadways. The trailers are no longer across the street and whether this is temporary or not the City will take care of it. Member HOVLAND stated he fails to see the need for the additional 2 -feet of fence height. Member BELL stated she is sympathetic to the issues of privacy and the amount of pedestrian and vehicular traffic. She agrees that staff's conclusions are well supported. Upon a motion by Board Member GERMANO and second by Board Member BELL, the following motion was made: WHEREAS, application Case No. WA -15-14 was denied for an administrative approval; and WHEREAS, the property has been posted the fifteen days required by law and in recognition that there were protests registered against it; and Board of Adjustment Minutes January 28, 2016 6 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 NOW, THERFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -15- 14 be, and hereby is APPROVED. TYPE OF VARIANCE: Request for approval of a 2 -foot variance from the 4 - foot maximum fence height (for a solid fence in a front yard) for a property zoned Residential -One A (R-1 A) and located at 3400 Garrison Street. FOR THE FOLLOWING REASONS: 1. The current owner had no hand in the platting or construction of the home askew to the property frontage. 2. The orientation of the home and double frontage of homes on Garland Street present a unique hardship on the property. 3. The fence would not be detrimental to public safety or welfare. 4. The conditions necessitating the variance are present in the neighborhood. Motion was denied by a vote of 3-5 with Members ABBOTT, BANGHART, HOVLAND, KUNTZ and PAGE voting against. Therefore, the variance was denied. 6. CLOSE PUBLIC HEARING Chair HOVLAND closed the public hearing. 7. OLD BUSINESS 8. NEW BUSINESS A. Approval of Minutes — October 22, 2015 It was moved by Board Member PAGE and seconded by Board Member KUNTZ to approve the minutes as written. Motion passed 7-0-1 with Member GERMANO abstaining. B. Resolution 01-2016 — Establishing a designated public place for posting of meeting notices as required by the Colorado Open Meetings Law The lobby of the Municipal Building and the City's website shall constitute the designated public place for the posting of meeting notices a required by the Colorado Open Meetings Laws It was moved by Board Member ABBOTT and seconded by Board Member BANGHART to approve Resolution 01-2016, A Resolution Designating a Public Board of Adjustment Minutes January 28, 2016 Place for Posting of Notices of Public Meetings as in the language submitted to the Board. Motion approved 8-0 C. Election of Officers Chair Elect is David Kuntz Vice Chair Elect is Sally Banghart 8. ADJOURNMENT Chair HOVL D adjourned the meeting at 9:02 p.m. Ole Thomas Abbott hair (Aci.,,,,Tammy O an, Recording Secretary Board of Adjustment Minutes January 28, 2016