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HomeMy WebLinkAbout12-14-171. City of l WheatMidge BOARD OF ADJUSTMENT Minutes of Meeting December 14, 2017 CALL MEETING TO ORDER The meeting was called to order by Chair BANGHART at 6:59 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. PUBLIC HEARING A. Case No.WA-17-16 Thomas Abbott Sally Banghart Janet Bell Dan Bradford Paul Hovland David Kuntz Michael Griffeth Larry Richmond Betty Jo Page 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 456 sq. ft. (76%) variance from the 600 sq. ft. maximum for a major accessory building in the Residential -Three (R-3) zone Board of Adjustment Minutes December 14, 2017 district located at 4485 Independence Street. The purpose of this variance is to allow for the construction of a garage addition and it would meet all other development standards including height and setbacks. Staff recommends approval of this variance. There are unique circumstances attributed to this request that warrant approval. Member KUNTZ asked if the school was notified regarding this variance. Mr. Cutler said the school was in the 300 ft. noticing radius and there was no comment. Member RICHMOND said he was confused about the addition of the number on page 2 of the agenda packet. Mr. Cutler explained that the existing garage is already over the maximum square footage for a major accessory building, but the variance is only for the percentage over the 600 sq. ft. maximum. Member KUNTZ asked about there being multiple garage doors and wondered why. Fred Zietz, owner 4485 Independence Street, Wheat Ridge Mr. Zietz explained that the intention of the addition to the garage is strictly for storage. The multiple garage doors are because they are bigger in size and easier to get larger items in and out of storage. Member Griffeth asked why the addition was not permitted before construction started and wanted to know what the building department is doing to make this wrong a right. Mr. Zietz said it was an oversight on his part. The cement pad had been poured years ago and it was a mistake on his part to start building without the city looking at plans and getting a permit. Mr. Zietz added there was a stop work order then a courtesy inspection with a few minor details he has to adhere to and he will get a permit if the variance is approved. Mr. Cutler added that to complete the building permit process there will be a final inspection. Mr. KUNTZ asked where the sheds are located that will be demolished. Mr. Zietz said they are on the south side of the property. Member ABBOTT asked if the sheds being demolished is a condition of the variance. Mr. Cutler confirmed it is not a condition, but can be added to the motion. Board of Adjustment Minutes December 14, 2017 2 Ms. Mikulak added that major and minor accessory structures cannot be lumped together in the maximum square footage for accessory buildings, but the sheds are considered minor strictures. Member KLTNTZ added that the shed being demolished could be added as a condition. Member HOVLAND asked if the one phone call received was only an inquiry and not a protest. Mr. Cutler confirmed that is was only an inquiry. Upon a motion by Member KUNTZ and seconded by Member HOVLAND, the following motion was stated: WHEREAS, application Case No. WA -17-16 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 -17-16 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of a 456 -square foot variance (76%) from the 600 -square foot maximum for major accessory buildings in the Residential -three (R-3) zone district. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the neighborhood. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The request would not be detrimental to public welfare. 4. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. 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. Board of Adjustment Minutes December 14, 2017 3 A friendly amendment was offered by Member ABBOTT to add the following reasons: 5. This is a 20,707 sq. ft lot. 6. The garage will sit 133 ft from the street and completely behind the primary structure. 7. All setback requirements are exceeded. Motion carried 8-0. 5. CLOSE PUBLIC HEARING Chair BANGHART closed the public hearing. 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — October 26, 2017 It was moved by Board Member BELL and seconded by Board Member Thomas BRADFORD to approve the minutes as written. The motion passed 6-0-2 with Board Member GRIFFETH and HOVLAND abstaining. Ms. Mikulak confirmed with the members that Ms. Griego had submitted her resignation from the Board of Adjustment effective immediately. She also mentioned that the BOA Bylaws were last updated in 2006 and there will be more clarity made to the attendance policy when updated. Staff will create a redline copy of the Bylaws for a BOA discussion, then approval. Mr. Griffeth asked if Ms. Griego's seat will be filled by one of the alternates in district Il. Ms. Mikulak said this is possible, but the replacement process will be confirmed through the City Clerk's office. Member ABBOTT asked if City Council will have the BOA appeal the sign code. Ms. Mikulak said the BOA will only review sign code if there is a variance and Planning Commission will review the master sign plans and City Council will approve them. 8. ADJOURNMENT Chair BANGHART adjourned the meeting at 7:35 p.m. et Bell, Acting Chair Tammy Ode -2n, Recording Secretary Board of Adjustment Minutes December 14, 2017 4