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HomeMy WebLinkAbout07-27-171. 2. 3. 4. City of i�9�Wh6atWidpre BOARD OF ADJUSTMENT Minutes of Meeting July 27, 2017 CALL MEETING TO ORDER The meeting was called to order by David Kuntz at 7:05 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL Board Members Present: Janet Bell Dan Bradford Paul Hovland David Kuntz Betty Jo Page Alternates Present: Larry Richmond Board Members Absent: Thomas Abbott Sally Banghart Lily Griego Staff Members Present: Kenneth Johnstone, Community Development Director Scott Cutler, Planning Technician Tammy Odean, Recording Secretary PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING A. Case No.WA-17-08: An application filed by Robert Alldredge for approval of a 20 - foot variance from the minimum rear yard setback requirement of 25 -feet for an accessory structure on property zoned Residential -Three (R-3) located at 6085 West 39'h Place. 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. Board of Adjustment Minutes July 27, 2017 Member HOVLAND asked if there are drainage openings in the curb where the driveway will be located or is that a reflection in the water. Mr. Cutler explained it is a reflection. Member KUNTZ asked once the garage and driveway are constructed, if the curb will be cut or a roll over. Mr. Cutler said he is not sure if it will be a curb cut or roll over. If it is a curb cut a permit will have to be obtained through Public Works. The driveway is required to be paved. Member RICHMOND wanted to know how the fence will be configured for the sight distance with regards to safety. Mr. Johnstone explained that there is sight triangle requirements for alleys and streets, but not one for garages. Member PAGE asked if there is going to be a gate in the fence. Mr. Cutler explained that there is access on the other side of the property, so a gate will probably not be in the back fence area. Member KUNTZ added that because 40th Avenue is not a collector or arterial street the sight distance is not as important due to the lower amounts of traffic and slower speeds. Member Richmond agreed with that statement, but believes the fence can be altered to alleviate the problem. Robert Alldredge, applicant 6085 West 391h Place Mr. Alldredge explained that there are a few non -conforming setbacks in the neighborhood and he feels this variance will be consistent with the neighborhood. He also said there would be no altering of the fence because the fence line is consistent all the way down 40t' Avenue. The garage is going to be contracted by Tuff Shed and access to the yard will be through a man door in the garage. Member KUNTZ asked if the garage will attached to the fence. Mr. Alldredge said the fence will connect to the garage. The fence will stop at the driveway then there will be a short connection of fence back to the garage corners. Member HOVLAND thought it might be a good idea to improve the visibility by angling the fence attachments to improve the sight distance. Board of Adjustment Minutes July 27, 2017 2 Mr. Alldredge said the continuity would be different in the fence, but he would be happy either way. Phil Benallo 6088 West 391h Place Mr. Benallo explained that traffic in the neighborhood is fast. He added he is fine with the garage being build, but would suggest that there be improvements to the sight distance. Judy Scanlin 6095 West 391h Place Ms. Scanlin explained her family has lived in the area for 58 years and is proud to live there. She isn't pleased to possibly walk out her back door and see and 11 foot garage. She stated there is not another garage along that 401h Avenue stretch. She is also worried about an accident happening due to poor sight distance. She added there is a drainage problem and asks the Board to reconsider this variance. Member KUNTZ stated that there is another garage along 40th Avenue at Harlan Street, so this would be the 2nd if approved. He also asked if the angling of the fence will improve the visibility or not. Member HOVLAND thinks the angling of the fence will improve the sight distance but doesn't know if it should be a requirement. Member RICHMOND thinks the angling of the fence should be a requirement and will improve the situation. Member Bell stated she does not understand the issues related to drainage, but if there is an issue will that be looked at before construction. Mr. Cutler explained for a project of this scope the additional drainage issues will probably not be looked at. Member PAGE asked if 40th Avenue is a standard street width. In looking at the picture on page 9 of the packet, there are cars parked on both sides of the street. It looks like there is sufficient room for a car to back out from a garage. Mr. Cutler said he is not sure if it is a standard street width today but it is typical for Wheat Ridge. Mr. Benallo added that the street width for 40th Avenue is normal, but the width of 39th Avenue is not due to the homes being build front to front. Member BELL reminded the Board that the City of Wheat Ridge was built under Jefferson County Code before it was incorporated. Some of the problems are inherited. Board of Adjustment Minutes July 27, 2017 3 Upon a motion by Member PAGE and seconded by Member BRADFORD, the following motion was stated: WHEREAS, application Case No. WA -17-08 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 -17-08 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of a 20 -foot variance from the minimum rear yard setback requirement of 25 -feet for an accessory structure on property zoned Residential -Three (R-3). 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. The request would not be detrimental to the public welfare. 4. Existing conditions on the property present a particular and unique hardship 5. No objections were received regarding the variance request during the public notification period. 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. 2. The rear fence should angle 45 degrees from the existing fence to the garage to improve the sight distance from garage to street. Motion carried 6-0. 5. CLOSE PUBLIC HEARING Board of Adjustment Minutes July 27, 2017 4 Chair KUNTZ closed the public hearing. 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — September 22, 2016 It was moved by Board Member HOVLAND and seconded by Board Member BELL to approve the minutes as written. The motion passed 6-0. B. Member PAGE invited Members of the Board to join her at the Mayor's reception at the Carnation Festival on 8. ADJOURNMENT Chair KUNTZ adjourned the meeting at 7:49 p.m. �- David Kuntz, Chair Tammy OitJn, Recording Secretary Board of Adjustment Minutes July 27, 2017 5