HomeMy WebLinkAbout12/13/18I
City of
WheatP,idge
BOARD OF ADJUSTMENT
AGENDA
December 13, 2015
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on December 13, 2015, at 7:00 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 29" Avenue, Wheat Ridge, Colorado.
1. CALL THE MEETING TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC FORUM (TMs is the time for anyone to speak on any subject not appearing on
the agenda.)
5. PUBLIC HEARING
A. Case No. WA -18-14: An application filed by Michael Claugus for approval of a 4 -
foot (80%) variance to the east side setback and a 4 -foot (80%) variance to the west
side setback for a detached garage for property zoned Residential -One C (R -1C),
located at 5572 West 2r Avenue.
B. Case No. WA -18-15: An application filed by Penny Burkett for approval of a 2 -foot
variance from the 6 -foot fence height maximum, resulting in an 8 -foot fence in the
Residential -One C (R -1C) zone district located at 2918 Depew Street.
6. CLOSE THE PUBLIC HEARING
7. OLD BUSINESS
S. NEW BUSINESS
A. Approval of Minutes — October 25, 2018
9. ADJOURNMENT
Individuals with disahilities are encouraged to participate in all puhlie meetings sponsored by
the City of WheatRidge. Call Sara Spaulding, Puhlie Information feud, at 303-235-2377 at
least one week in advance of a meeting ifyou are interested in partieipating and need inclusion
assistance.
♦�441
City of
Wh6atRjLd
�ge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment MEETING DATE: December 13, 2018
CASE MANAGER: Scott Cutler
CASE NO. & NAME: WA-18-14/Claugus
ACTION REQUESTED: Request for approval of a 4 -foot variance (80%) to the east side setback and a
4 -foot setback variance (80%) to the west side setback for a detached garage on
property zoned Residential -One C (R -1C)
LOCATION OF REQUEST:
5572 W. 27' Avenue
APPLICANT (S):
Michael Claugus
OWNER (S):
Michael Claugus
APPROXIMATE AREA:
4,249 square feet (0.098 acres)
PRESENT ZONING:
Residential -One C (R -1C)
PRESENT LAND USE:
Single-family home
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE
Loca
Board ofAdfustment 1
Case No. WA -18-14 / Claugus
Site
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant is requesting approval of variances from both side yard setback requirements in order to
construct a detached garage on property located at 5572 W. 27a' Avenue. The setbacks requested
represent 4 -foot (80%) deviations from the minimum required development standard of 5 feet.
Section 26-115.0 (Variances and Waivers) of the Wheat Ridge Code of Laws empowers the Board of
Adjustment to hear and decide on variances from the strict application of the zoning district
development standards. Because this application includes requests that exceeds 50% of the
development standard, the application is not eligible for administrative approval and is required to be
heard at a public hearing before the Board of Adjustment.
This case was originally scheduled to be heard by the Board on October 25, 2018. Additional
information was obtained which modified the variance request, and Board approved a motion to
postpone the public hearing to December 13, 2018. There was no staff report or presentation at the
October 25 meeting.
II. CASE ANALYSIS
The variance is being requested so the property owner may construct a detached two -car garage. The
subject property is located on the south side of 27a' Avenue, just east of Depew Street. This area is part
of the Prince's Resubdivision of Block 14, a plat that was recorded in 1889. Typical of that era, this
plat includes lots that are 25 feet wide. While we typically see properties built across several of these
narrow lots, the applicant's property consists of one lot measuring 25 feet wide. The property contains
one single-family home originally constructed in 1919. Until recently, a one -car detached garage also
existed behind the home, oriented towards the alley J&hibit 1, Aerial). This garage was recently
demolished by the current owner.
The surrounding properties are mostly residential in nature. The block on which this property is located
consists of mostly single-family homes, though a few duplexes are also present. The property directly
to the south of the subject property is a church, Templo Evangelico Bautista. This church also owns the
land adjacent to the subject property to the west. Further south of the subject property, across 26a'
Avenue is the City of Edgewater, consisting primarily of small -lot single-family homes. Small -lot
single-family properties also dominate the landscape to the north of the subject property, with a few
small scale multi -family properties scatted throughout. To the west across Depew Street is also the
City of Edgewater, and several larger multi -family residential properties are present. Finally, to the
east are some small scale multi -family properties, an assisted living facility, and the Richards -Hart
Estate. Zoning in the area is largely a mix of Residential -One C (R -1C) and Residential -Three (R-3),
with one exception being the aforementioned assisted living facility, which is zoned Planned Hospital
Development (PHD).
The subject property is zoned R -1C (Exhibit 2, Zoning Map). The R -1C zone district provides for high
quality, safe, quiet, and stable medium -density residential neighborhoods. The R- 1C zone district
requires a 5 -foot setback for all structures, including accessory structures. The applicant is proposing to
Board ofAdfustment
Case No. WA -18-14 I Claugus
construct a 2 -car garage which measures 23 feet wide on the exterior (interior space will be 22 -feet
wide — a typical 2 -car garage width). With the lot measuring 25 feet wide, this leaves only 2 feet of
width, thus necessitating the variance request. The garage will be set 1 foot from each property line,
and will gain access from the alley to the south.
Per Section 26-120 of the code, the property is considered a nonconforming lot of record because it
does not meet the current minimum lot width. Per code, "In any district in which single-family
dwellings are permitted, a single-family residence and customary accessory buildings may be erected."
Apart from the two requested variances, the proposed detached garage will comply with all
development standards, including height, size, and overall lot coverage. Because of the width of a
standard 2 -car garage and the width of the lot there is no viable alternative that would allow the
applicant to meet the side setback requirements. Any structure within five feet of the property line will
need to be fire -rated pursuant to the building codes, and this is recommended as a condition of
approval.
During the public notification period no inquiries or objections were received.
III. VARIANCE CRITERIA
In order to approve a variance, the Board of Adjustment must determine that the majority of the
"criteria for review" listed in Section 26-115.C.4 of the City Code have been met. The applicant has
provided their analysis of the application's compliance with the variance criteria (Exhibit 3, Request).
Staff provides the following review and analysis of the variance criteria.
1. The property in question would not yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located.
If the request were denied, the property would be able to yield a reasonable return in use. The
property would continue to function as a single-family home.
Staff finds this criterion has not been met.
2. The variance would not alter the essential character of the locality.
A variance is not likely to alter the character of the locality. Most of the improvements in this
area predate the incorporation of the City of Wheat Ridge, and predate zoning in general. Many
structures have been built on, or very close to, property lines. The proposed garage will
conform to the general character of the neighborhood, in this regard.
Additionally, the applicant will be using a similar siding material to that of the main house on
the property, in addition to a similar gable roof and shingles. The garage will be painted white
to match the house.
Staff finds this criterion has been met.
Board ofAdfustment
Case No. WA -18-14 / Claugus
3. The applicant is proposing a substantial investment in the property with this application,
which would not be possible without the variance.
The applicant is proposing a substantial investment in the property. Adding a two -car garage to
the property is consistent with the Neighborhood Revitalization Strategy and its goal of
modernizing Wheat Ridge's housing stock to make it more functional. It is a standard desire of
a contemporary homeowner or renter.
Due to the narrow width of this lot, a two -car garage is not possible without variances.
Staff finds this criterion has been met
4. The particular physical surrounding, shape or topographical condition of the specific
property involved results in a particular and unique hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were carried
out.
The subject property consists of one narrow lot, the configuration of which has been in place
since it was platted in 1889. The narrowness of this lot makes construction of any structure
difficult and presents a unique hardship upon the owner, who is attempting to make a
reasonable investment in the property.
Staff finds this criterion has been met.
5. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
The current owner purchased the property in August 2018. The hardship relates to the
narrowness of the lot which was platted in 1889.
Staff finds this criterion has been met.
6. The granting of the variance would not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is located,
by, among other things, substantially or permanently impairing the appropriate use or
development of adjacent property, impairing the adequate supply of light and air to
adjacent property, substantially increasing the congestion in public streets or increasing
the danger of fire or endangering the public safety, or substantially diminishing or
impairing property values within the neighborhood.
The request would not be detrimental to public welfare and would not be injurious to
neighboring property or improvements. It would not hinder or impair the development of the
adjacent properties. The adequate supply of air and light would not be compromised as a result
of this request.
The request would not increase the congestion in the streets, nor would it cause an obstruction
to motorists on the adjacent streets. The addition would not impede the sight distance triangle
Board ofAdfustment
Case No. WA -18-14 / Claugus
and would not increase the danger of fire, as the proximity to property lines will require the
side walls to be fire rated, per the International Building Codes.
It is unlikely that the request would impair property values in the neighborhood.
Staff finds this criterion has been met.
The unusual circumstances or conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
The circumstances necessitating this variance request are shared by the neighboring property,
and various properties in the surrounding area, which were built a century ago on one narrow
lot.
Staff finds that this criterion has been met.
8. Granting of the variance would result in a reasonable accommodation of a person with
disabilities.
Single family homes and their accessory buildings are not required to meet building codes
pertaining to the accommodation of persons with disabilities.
Staff finds this criterion is not applicable.
9. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
The Architectural and Site Design Manual does not apply to single and two family dwelling
units.
Staff finds this criterion is not applicable.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Having found the application in compliance with the majority of the review criteria, staff recommends
APPROVAL of a 4 -foot variance (80%) to the east side setback and a 4 -foot variance (80%) to the
west side setback for a detached garage. Staff has found that there are unique circumstances attributed
to this request that would warrant approval of a variance. Therefore, staff recommends approval for
the following reasons:
1. The variance would not alter the essential character of the locality.
2. The applicant is proposing a substantial investment in the property that is not possible without
this variance.
3. The existing lot conditions present a unique hardship upon the owner, as distinguished from a
mere inconvenience.
4. The hardship has not been created by any person presently having an interest in the property.
Board ofAdfustment
Case No. WA -18-14 / Claugus
5. The request would not be detrimental to public welfare or injurious to other property or
improvements in the neighborhood.
6. The circumstances necessitating the variance are present in the neighborhood and not unique to
the property.
7. The proposed investment in the property is supported by the Neighborhood Revitalization
Strategy.
With the following conditions:
1. The design and site plan of the proposed garage shall be consistent with the representation
depicted in the application materials, subject to staff review and approval through review of a
building permit.
2. The applicant shall ensure the garage complies with applicable building codes, including fire
rating, as determined by the Chief Building Official, through the permitting process.
Board ofAdfustment
Case No. WA -18-14 / Claugus
EXHIBIT 1: AERIAL
Board ofAdjusv er
Care No. WA 18 14 / Clm
EXHIBIT 2: ZONING MAP
Board ofAdjusv er 8
Care No. WA 1814/Clm
EXHIBIT 3: REQUEST
Staff note: The applicant's letter and notes within this exhibit have not been updated to reflect the lot
width which is now understood to be 25 feet in width resulting in 1 -foot setbacks for the garage on
both sides.
Michael Claugus
5572 W 27th Ave
Wheat Ridge, CO 80214
303-907-8610
michaelclaugus@gmaii.com
City of Wheat Ridge:
Current mailing address
6343 W 6th Ave
Lakewood, CO 80214
Please accept this letter as part of my application for variance allowance on setbacks as per a desired
garage build on a recently purchased home in Wheat Ridge.
I would like to build a two -car garage on this recently purchased property. Proposed interior dimensions
to measure 22ft x 22ft, equating to exterior dimensions of roughly 23ft x 23ft. The current width of my
property is 26'4". Please refer to the photographs below for detail. I would place one wall of the garage
a distance of 12" from the east -most property line.
A garage build with exterior dimensions of 23ft x 23ft would allow for 2'4" or 28in of setback on the
west property line and 12" of setback on the east property line. This would be in-line with the current
setbacks.
The home was built in the 1920s. The largest current distance from home -to -property line is roughly
30". The shortest distance measures just under 12".
Please refer to the blow photos / descriptions.
[this space is intentionally left blank]
Board ofAdjustment
Case No. WA -18-14 / Claugus
Michael Claugus
5572 W 271h Ave
Wheat Ridge, CO 80214
303-907-8610
michaelclaugus@gmail.com
Current mailing address
6343 W 6Th Ave
Lakewood, CO 80214
RESPONSE TO VARIANCE REVIEW CRITERIA
1. The rise in property valuations, in addition to limited street parking, suggest a two -car garage
would generate a more reasonable return to the property owner. Said return factors increase of
quality -of -life in addition to financial return.
2. Many of the homes in this neighborhood were built several decades ago. This home, in
particular, was built in the 1920s. Structures close to property lines are commonplace in this
neighborhood.
3. My property is approximately 26'4" wide. A standard two car garage would require leniency on
setbacks. This structure would certainly be an improvement over the one car garage which
stood before it. Not only was said structure outdated, but it was nonfunctional and in need of
structural repairs. The cinderblock walls had cracks in them.
4. n/a
5. n/a
6. The granting of this variance not be a hindrance in any way. There would still exist adequate
room for emergency exit — 28inches on the west side of the proposed structure. Nor would the
structure reduce the amount of light / air to the adjacent property, or otherwise prove
detrimental to the health of the neighborhood. The granting of this variance would only further
increase the value of Wheat Ridge.
7. Many of the lots in this neighborhood are as narrow, some even more narrow than mine. This is
likely due to the time period during which the homes were built.
8. 1 intend to build with doors wide enough for wheelchair access, both on the garage itself as well
as on the fence surrounding the property. These fence doors would be used during normal exit /
entry in addition to emergency evacuation.
9. lam not sure if this is necessary.
Board ofAdjusdnent 10
Case No. WA-18-14/Claugus
Michael Claugus
5572 W 27th Ave
Wheat Ridge, CO 80214
303-907-8610
michaelclaugus@gmail.com
Current mailing address
6343 W 6th Ave
Lakewood, CO 80214
EXPLANATION WHY DESIGN TO CURRENT STANDARS INFEASIBLE AS WELL AS UNIQUE PHYSICAL
HARDSHIP
1. The application of variance request is a function of property width. The property is 26'4" wide,
meaning the build of a standard two -car garage would require the granting of setback variance
for this property. Planned exterior dimensions are 23'x 23'.
2. The only way to make a two -car garage on the lot as is, would be to construct it such that the
parking would be tandem. A tandem two car garage would negate the addition to property
value as a tandem garage would occupy almost the entire lot -lengthwise (from front -door to
back alley), thereby nullifying the reasonable return criteria.
Signed:
A ME
Michas
Board ofAdjustment 11
Case No. WA -18-14 / Claugus
EXHIBIT 4: ILC
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Board ofAdjusbnent 12
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Board ofAdjusbnent 12
Case No. WA-I8-1410angus
EXHIBIT 5: SITE PHOTOS
t
r
View of the property looking north from the alley. The main house can be seen in the background.
In the foreground is the concrete pad that the former 1 -car garage once sat on. The corner of that
garage is still standing to the left of the photo.
View of the front of the property looking south from 27a` Avenue. The adjacent home can be seen
to the left of the tree, while the western property line is generally denoted by the fence to the right.
Board ofAdjustment 13
Case No. WA -18-14 / Claugus
Board of-4djustment 14
Case No. WA -18-14 / Claugus
City of
Wheat l�j,.dge
COMMUNITY DEVELOPMENT
Memorandum
TO: Board of Adjustment
FROM: Lauren Mikulak, Planning Manager
DATE: December 7, 2018
SUBJECT: WA -18-15 / Burkett
This request is eligible for administrative review and was published for the Board of
Adjustment in error.
Recommended Motion:
"I move to table Case No. WA -18-15 indefinitely."
I
City of
WheatRi c
BOARD OF ADJUSTMENT
Minutes of Meeting
October 25, 2015
CALL MEETING TO ORDER
The meeting was called to order by Chair ABBOTT at 7:02 p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29a 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 -18-14
pr
Thomas Abbott
Janet Bell
Dan Bradford
Michael Griffeth
David Kuntz
Larry Richmond
Betty Jo Page
Robert De Vries
Paul Hovland
Lauren Mikulak, Planning Manager
Scott Cutler, Planner II
Tammy Odean, Recording Secretary
This case was presented by Lauren Mikulak. She explained to the Board that staff
determined the case needs to be continued because additional information was
received that modifies the variance request. Staff would like to postpone the hearing
until the December meeting.
It was moved by Member PAGE and seconded by Member BRADFORD to
postpone the public hearing for Case Number WA -18-14 until December 13
2015, so that it may be properly published and posted with the updated variance
request.
Board of Adjustment Minutes October 25, 2018
Motion carried 8-0.
B. Case No. WA -18-16
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 20 -foot (80%) variance from the 25 -foot
side yard setback requirement for yards which abut a public street in the Residential -
Two (R-2) zone district to construct an attached carport, located at 6001 West 32°d
Avenue.
Staff recommends approval of this variance. There are unique circumstances
attributed to this request that warrant approval.
Member PAGE asked for an explanation about the concern of enclosing the Harlan
side of the carport. ,
Mr. Cutler explained that if the carport is enclosed it would be considered a garage
and could become livable space. Also, it is less visually impactful as a structure if it
not enclosed.
Ms. Mikulak added that there is more analysis to be done if the structure were going
to be a garage, including the materials of the roof, material of the structure and if it is
compatible with the dwelling. If the owner wants to make it a garage, another
variance would have to be done as well.
Member DEVRIES added that more engineering would have to be done to achieve
the goal of a garage.
Member ABBOTT asked if there is a sidewalk on Harlan.
Mr. Cutler said no it is gutter.
Member ABBOTT was curious of the direction a person would drive into the carport.
Mr. Cutler explained that his rendition shows coming from the south not from the
north or east because there will be posts there to support the carport roof. The
applicant can clarify.
Mala Sandoval, applicant
6001 West 32" Avenue
Ms. Sandoval again wanted to apologize for erecting the metal building. She
explained she was not aware of the building process and all she wanted to do was
Board of Adjustment Minutes October 25, 2018
protect her cars from storms that come through the area because there is no garage
attached or detached on her property. Being a widow she did not have the correct
guidance. She added that she has Cerebral Palsy and it can be very difficult to clear
her Jeep of snow during the wintertime. Ms. Sandoval also said she enters the
circular drive from different directions depending on the time of day and the traffic
patterns. She will wait to see how the carport is constructed as to the direction she
will enter it.
Member PAGE was curious if the carport will block the view from the bay window.
Ms. Sandoval said no she did not want the view or light obstructed. The carport will
sit north of the bay window. AW
Mr. DEVRIES wanted to know if Ms. Sandoval is confident with her general
contractor.
Ms. Sandoval confirmed she is very confident.
Upon a motion by Member PAGE and seconded by Member BRADFORD, the
following motion was stated:
WHEREAS, application Case No. WA -18-16 was not eligible for review by an
administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law and
in recognition that there were not 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 -18-16 be, and hereby is, APPROVED
TYPE OF VARIANCE: Request for approval of a 20 -foot (80%) variance from
the 25 -foot side yard setback requirement for yards which abut a public street in
the Residential -Two (R-2) 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 with
this application.
3. The request would not be detrimental to the public welfare.
4. The unusual conditions necessitating the variance request are present in
the neighborhood and are not unique to the property.
5. The variance would ensure that a legal structure replaces an existing
illegal building.
Board of Adjustment Minutes October 25, 2018
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 existing metal carport structure, previously denied by the Board of
Adjustment, shall be removed prior to Tmal inspections for the new
carport. If no building permit is received for the new carport within 180
days of variance approval, the metal carport must be removed or Code
Enforcement citation action will be initiated.
A friendly amendment was offered by Member GRIFFETH to add the following
reason:
6. The granting in the variance would result in a reasonable accommodation
of a person with disabilities.
Motion carried 8-0.
Member DEVRIES wanted to confirm that if the applicant wants to enclose the carport
for any reason, she will have to obtain another variance.
Mr. Cutler confirmed that is true.
5. CLOSE PUBLIC HEARING
Chair ABBOTT closed the public hearing.
6. OLD BUSINESS
7. NEW BUSINESS
A. Ms. Mikulak mentioned the dinner session that was talked about at a previous
meeting is TBD. She also mentioned that Zack Wallace Mendez has taken a
position with the City of Denver in Transportation Management and we wish him
luck. She added that Mr. Cutler has been promoted to Planner II.
Member ABBOTT added he liked the article in the Gazette about Ms. Mikulak
and her planning past.
B. Ms. Mikulak said the neat Board of Adjustment meeting will be held on
December 13, it will be a combination of the November and December meetings
due to the Thanksgiving and Christmas holidays.
C. Approval of Minutes — June 28, 2018
Board of Adjustment Minutes October 25, 2018
0
It was moved by Board Member Bell and seconded by Board Member
RICHMOND to approve the minutes as written. The motion passed 5-0-3
with Board Member BRADFORD, DEVRIES and KUNTZ abstaining.
ADJOURNMENT
Chair ABBOTT adjourned the meeting at 7:46 p.m.
Thomas ABBOTT, Chair
Tammy Odean, Recording Secretary
Board of Adjustment Minutes October 25, 2018