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HomeMy WebLinkAbout10-26-171. City of WheatNdge BOARD OF ADJUSTMENT Minutes of Meeting October 26, 2017 CALL MEETING TO ORDER The meeting was called to order by Chair KUNTZ at 7:00 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.WA-17-13 Thomas Abbott Sally Banghart Janet Bell Dan Bradford David Kuntz Betty Jo Page Larry Richmond Rocco Germano Lily Griego Paul Hovland Lauren Mikulak, Planning Manager Scott Cutler, Planning Technician Tammy Odean, Recording Secretary The case was presented by Scott Cutler. 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. The applicant is requesting approval of a 10 -foot (67%) variance from the minimum side yard setback requirement of 15 -feet located at 4080 Independence Court. The Board of Adjustment Minutes October 26, 2017 purpose of this variance is to allow for the construction of a one -car carport with a 5 - foot setback on property zoned Residential -One (R-1). The proposed carport 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. Member ABBOTT referred to the staff report and asked if the reference to a garage on page 4, criteria 2, paragraph 4 was meant to say carport instead. Mr. Cutler confirmed that it should say carport. Member ABBOTT also wanted to confirm that the adjacent property to the south of 4080 Independence has a nonconforming setback of approximately 7 feet, instead of the required 15 feet. Mr. Cutler confirmed this to be true also. Member ABBOTT and Member BELL asked if staff has interpreted the letter, from the pastor across the street from 4080 Independence Court, to be a neutral position with regards to the carport setbacks. Mr. Cutler agreed. John Yanello, applicant 4080 Independence Court Mr. Yanello gave a little background on the house that he and his wife bought in 1989. He has worked on the property for 25 years to make it look nice for the neighborhood. He explained he would like to build a carport for his truck, because he and his wife already have two cars in the garage. He would like to protect it from storms and to have a dry surface which will make it easier for his wife to get into the truck. He has built a drainage system to divert water away from the driveway which comes from the garage. He will do the same with the carport. Chair KUNTZ asked Mr. Yanello if he has had a conversation with his neighbor to the south. Mr. Yanello responded yes and said the only thing Mr. Campbell has requested is the same shingles on the garage and carport roofs. Mr. Yanello was surprised there was an opposition letter from the property. Chair KUNTZ said the letter was from Ms. Minkler, the wife of Mr. Campbell. Mr. Yanello mentioned that he had asked Mr. Campbell to trim one of the trees that hung over the property line and Ms. Minkler was not happy with this and it may have caused a little friction. He thinks Mr. Campbell is still all right with having the carport constructed. Board of Adjustment Minutes October 26, 2017 2 Member BANGHART and member PAGE asked Mr. Yanello to explain the fence location in relation to the front of the garage and referred to the the pictures on page 13 of the staff report. Mr. Yanello said the fence is attached to the front corner of the garage and has a gate that will swing open so the truck can drive in and out of the carport. Member BANGHART asked if the gate will cover the carport. Mr. Yanello explained it will cover most of the truck and only the top of the carport will be visible. Chair KUNTZ asked if the shingles will match the singles on the garage. Mr. Yanello said yes. Member PAGE asked if the neighbor's property to the south is elevated compared to the subject property and how high the fence is that will be in front of the truck. Mr. Yanello said the next door property is elevated and the fence height will be 6 feet tall. Member ABBOTT asked where the measurement of the carport will be taken from for the side yard setback. Ms. Mikulak explained the measurement will be taken from the vertical support and the eaves are allowed to encroach on the setback. Member PAGE asked if there has ever been any flooding on the property, because part of it is in the flood zone. Mr. Yanello said there has been some pooling on the driveway, but there has never been any flood damage to the house and no insurance claims. He believes the drainage he has set up has helped. Chair KUNTZ added he felt a neighbor would rather look at a carport instead of a truck. Member RICHMOND pointed out that in Exhibit 7 (the applicant's written request) it is noted the carport will help Mr. Yanello's wife. She is disabled and the cover of the carport will keep the elements off the truck and she will not have to clear snow and ice from it. Chair KUNTZ added it would be nice to have the new truck under cover if Wheat Ridge has any more extreme hail storms. Member ABBOTT asked if the carport can be enclosed in the future. Board of Adjustment Minutes October 26, 2017 Mr. Cutler said no because the property is in a flood zone. He added this can be a condition if the Board wants it to be. Ms. Mikulak concurred that this can be added as a condition. Upon a motion by Member ABBOTT and seconded by Member PAGE, the following motion was stated: WHEREAS, application Case No. WA -17-13 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 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 -17-13 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of a 10 -foot (67%) variance from the 15 -foot side yard setback requirement for accessory structures. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the locality. 2. The alleged hardship has not been created by any person presently having an interest in the property. 3. Existing conditions on the property present a particular and unique hardship. 4. The request would not be detrimental to the public welfare. 5. The conditions necessitating the variance request are present upon several properties within the neighborhood and are not unique to the property. 6. The carport, by its open design, mitigates much of the obtrusiveness that can be caused by a setback variance. 7. The properties on both the north and the south of 4080 Independence Court have structures encroaching into the required 15 -foot setback. WITH THE FOLLOWING CONDITIONS: 1. The design and architecture of the proposed carport shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a building permit. 2. The applicant shall apply for a Class I Floodplain Permit through the Public Works Department. Board of Adjustment Minutes October 26, 2017 4 Motion carried 8-0. 5. CLOSE PUBLIC HEARING Chair KUNTZ closed the public hearing. 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — July 27, 2017 It was moved by Board Member PAGE and seconded by Board Member BELL to approve the minutes as written. The motion passed 5-0-2 with Board Members ABBOTT, BANGHART and GERMANO abstaining. B. There was discussion about concerns of a Board Member who has been absent for over two years and the Members asked if he/she is still allowed to be on the Board of Adjustment. Ms. Mikulak said this is duly noted and said she will have a discussion with the new Chair of the Board and contact will be made with the absentee Board Member. C. Election of Officers Member BANGHART was elected as Chair Member ABBOTT was elected as Vice Chair 8. ADJOURNMENT Chair KUNTZ adjourned the meeting at 7:54 p.m. all lfanghart,,Chai Tammy Od ecording Secretary Board of Adjustment Minutes October 26, 2017 5