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HomeMy WebLinkAbout06-28-181. 1141 City of l W heatl]Zjdge BOARD OF ADJUSTMENT Minutes of Meeting June 28, 2018 CALL MEETING TO ORDER The meeting was called to order by Chair ABBOTT at 7:05 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-18-08 Thomas Abbott Janet Bell Paul Hovland Betty Jo Page Larry Richmond Michael Griffeth Dan Bradford David Kuntz Lauren Mikulak, Planning Manager Meredith Reckert, Senior Planner Tammy Odean, Recording Secretary The case was presented by Meredith Reckert. She entered the contents of the case file and packet materials, the zoning ordinance and the digital presentation into the record. She stated all appropriate notification and posting requirements have been met and advised the board there was jurisdiction to hear the case. She reviewed the presentation and staff report. The applicant is requesting approval of a waiver to section 26-502.C.8 of the Municipal Code to allow artificial turf instead of live landscaping at 4020 Estes Street. Staff recommends denial of this variance. Board of Adjustment Minutes June 28, 2018 Member PAGE asked if there is a requirement for grass in the code for new construction. Ms. Reckert confirmed there is not. Member Page also wanted to know why artificial turf would be allowed in the back and not the front. Ms. Reckert said the artificial turf is less impactful in the rear yard because it is not visible from the street. Member RICHMOND asked if there are emulsifiers included in the product being discussed because emulsifiers can be carcinogenic. Ms. Mikulak said that question will be reserved for the applicant. Member BELL has concerns of water shortage in the future and would like to see a drainage system created for runoff to be more efficient. Member GRIFFETH asked if this project could have been permitted as a remodel and would the same landscaping requirements be upheld. Ms. Reckert said no this house was a total scrape and could not be considered a remodel. Ms. Mikulak added that even if it was a remodel and the landscaping was disturbed then it would need to be restored. Member PAGE asked if there is a limitation as to how much concrete can be on a lot. Ms. Reckert said not in low density areas. Member ABBOTT asked if the waiver for this case is for the property or the product because the products of choice can have different permeability's. Ms. Reckert agreed the waiver is for the property address. Member PAGE asked if the lot is flat and if the cement will drain to the adjacent lots. Ms. Reckert explained the lot is mostly flat and has been engineered to have swales so the impact to the neighbor's will be les impactful. Martha Mortell, applicant 4020 Estes Street Ms. Mortell gave a brief description of why her family has applied for a waiver to have artificial turf on their property. She explained the main reason is for their kids, because they have allergies to grass, their daughter's being very extreme. She also mentioned the durability of artificial turf is great and it is low maintenance. Board of Adjustment Minutes June 28, 2018 2 Member PAGE expressed a concern that the world is much bigger than just the yard and there is grass everywhere. Ms. Mortell agreed, but explained that a portion of her daughter's school has artificial turf and she will experience other areas in the community where there will be grass and she has to be careful, but if we can keep a safe environment at home then that is our goal. Member GRIFFETH asked if any of the neighbors have complained about having artificial turf in the neighborhood. Ms. Mortell said she is not aware of any neighbors complaining and she has received letters in support. Member GRIFFETH asked if Ms. Mortell would considered installing the artificial turf in the back yard only. Ms. Mortell said yes, but the quality of the product is so impressive it looks very real from the street, even when standing on it. Ms Mortell said there are standards that need to be met and if installed professionally there is an 8 year warranty. Member PAGE asked how the artificial turf is maintained, is it vacuumed. Ms. Mortell says it will be swept to remove leaves and the rain keeps it clean. Member ABBOTT asked if other jurisdiction's standards can be used in a waiver situation like this. Ms. Reckert said not at this point, only if City Council asks staff to do research in the use of artificial turf. Member BELL said this might be a good opportunity to do this research. Ms. Mikulak added that research and a code amendment could take 6-12 months to pass and we are not in a position tonight to recommend installation codes from another jurisdiction. Member HOVLAND stated that as a Board we can't make or change the rules; we can look at this case, we can warrant a waiver in the rule if the situation for the case doesn't fit the rule. He thought it would help their decision if the Board could see letters from neighbors. He also thought maybe in the backyard for artificial turf, but not sure about the front yard. Ms. Mortell entered into the record some letters from her neighbors. She also added the extensive research she and her husband have done into the different products on the market and want to make sure there is no environmental pollution. The artificial Board of Adjustment Minutes June 28, 2018 3 turf significantly helps her daughter and they would like it in both front and back yards. There was then some discussion about what other jurisdiction's artificial turf standards are in other cities and states. Member PAGE asked about kids playing on artificial turf and developing cancer. Joseph Downs, Plush Grass, contractor 6051 Washington Street, Ste. B, Denver Mr. Downs gave some background on Plush Grass and their installations of artificial turf. He added there is a two yearlong study that the industry is waiting for results on with regards to rubber infill to athletic field turf and if it leads to lung conditions or cancer. He also explained the products that Plush Grass uses, called Envirofil, does not use emulsifiers. The product they use is 100% polyethylene and is anti -bacterial. He added it is not made from recyclable products, but is recyclable. Member RICHMOND said he is still concerned about material in the product even if it does not contain emulsifiers. Mr. Downs said research has been done and there is research still being done on all their products and he does not believe there is anything to fear. There was more discussion on the Envirofil product. Beverly Sparks, neighbor 4010 Estes Street, Wheat Ridge Ms. Sparks said she has no problem with the Mortell's installing artificial turf. Member Bell asked if live landscaping means grass. Ms. Mikulak read that the definition of landscaping from the Municipal Code and it is a combination of live plants, grasses, rocks and mulch. Upon a motion by Member Page and seconded by Member BELL, the following motion was stated: WHEREAS, application Case No. WA -18-08 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 Board of Adjustment Minutes June 28, 2018 4 NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA -18-08 be, and hereby is, APPROVED. TYPE OF VARIANCE: Waiver to Section 26-502 to allow artificial turf in the landscaping at 4020 Estes Street. FOR THE FOLLOWING REASONS: 1. Artificial turf will be allowed due to the owner's daughter's allergies to grass and her disability. 2. It does not alter the essential character of the neighborhood. 3. It is a substantial investment in the property. 4. It is not detrimental to the public welfare. WITH THE FOLLOWING CONDITIONS: 1. The product should be consistent with the representations that have been made in the application. Motion carried 5-1 with Member RICHMOND voting against. Member GRIFFETH agreed with the motion and thinks that the health of our children is important, the sustainability of the product might be in question, but it will look good and he fills a homeowner should be able to do what they want to their yard. 5. CLOSE PUBLIC HEARING Chair ABBOTT closed the public hearing. 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — April 26, 2018 It was moved by Member HOVLAND and seconded by Member PAGE to approve the minutes as written. The motion passed 5-0-1 with Board Member GRIFFETH abstaining. B. Election of Vice Chair Ms. Mikulak explained that Vice Chair ABBOTT is moving into the Chair position because Chair BANGHART resigned from the Board of Adjustment. Do to these events a Vice Chair needs to be elected. She then explained that the alternates present at the meeting can vote, but an alternate cannot be elected. Member PAGE was elected as Vice Chair. Board of Adjustment Minutes June 28, 2018 8. C. Member Griffeth would like to see the numbers for the super majority vote to be included in the packet every time, it was helpful. D. Member BELL would like more training from the City Attorney. Ms. Mikulak said staff will look into scheduling a dinner/training with Gerald Dahl, the City Attorney. ADJOURNMENT Chair ABBOTT adjourned the meeting at 8:56 p.m. Thomas Abboft, Chair Tammy Odean, Recording Secretary Board of Adjustment Minutes June 28, 2018 6