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HomeMy WebLinkAbout10-25-181. 41 City of l WheatPd,ue BOARD OF ADJUSTMENT Minutes of Meeting October 25, 2018 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 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 -18-14 Thomas Abbott Janet Bell Dan Bradford Michael Griffeth David Kuntz Larry Richmond Betty Jo Page Robert DeVries 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 2018, so that it may be properly published and posted with the updated variance request. Board of Adjustment Minutes October 25, 2018 1 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"d 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 2 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 winter time. 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. 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 final 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 next 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 4 8. 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. //' � Z111,4Thomas ABBOTT, Chair Tammy Odean, Recording Secretary Board of Adjustment Minutes October 25, 2018 5