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BOARD OF ADJUSTMENT
Minutes of Meeting
December 13, 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
David Kuntz
Larry Richmond
Betty Jo Page
Rocco Germano
Michael Griffeth
Paul Hovland
Lauren Mikulak, Planning Manager
Scott Cutler, Planner II
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.
Board of Adjustment Minutes December 13, 2018 1
Member BELL asked if the cars in the garage will be side by side or tandem.
Mr. Cutler said side by side.
Member ABBOTT asked why the property lines bisect the house to the east.
Mr. Cutler explained that the property lines on the City's aerial maps are plus/minus
approximately 10 feet so it is a rough estimate. He explained that the property owner
had a survey done so it is known exactly where the property lines stand.
Member KUNTZ asked what the distance will be from the garage to the fence line.
He also inquired if there will be enough room to walk in between the fence and
garage.
Mr. Cutler said there will be a 1 -foot setback on either side of the property and the
walking question can be saved for the applicant.
Member PAGE asked about the status of the properties to the east and west.
Mr. Cutler said there was no ownership research done on the properties, but to the
west is a vacant lot and to the east is a single family home.
Ms. Mikulak added that both properties sit on 25 -foot lots so the homes are very close
to one another.
Member KUNTZ asked why there was different setback dimensions on the
application than in the staff report.
Mr. Cutler explained that this is the reason for the continuance and when the ILC was
complete it showed the property being only 25 feet wide instead of 26.5 feet wide
which means the request is just a little different.
Michael Claugus, applicant
6343 West 6th Avenue, Lakewood
Mr. Claugus explained he purchased the house 4 months ago with an existing 1 car
detached garage with structural damage. He mentioned this is a rental property and
he wanted to provide a 2 car garage for the tenants. He confirmed what Mr. Cutler
had mentioned about the measurements being off until the ILC was complete. Mr.
Claugus added he has not received any complaints from his neighbors.
Member PAGE asked what the neighbor to the east has in the backyard and if there is
a fence separating the two properties.
Mr. Claugus said his neighbor has an RV and a couple of sheds/workshops in the
backyard and there is fence separating the 2 properties. He also added that the church
on 26th Avenue owns the vacant lot to the west.
Board of Adjustment Minutes December 13, 2018 2
Member KUNTZ asked if the fence is going to come down to build the garage.
Mr. Claugus explained that he is going to use T 1 11 siding which is 4x8 sheet of
siding which will be constructed on the ground and put up in one piece. In doing so
the fences do not need to be demolished.
Member PAGE asked how he will control weed growth in the 1 -foot of open space
between the fence and garage.
Member KUNTZ mentioned he is concerned about the long term maintenance.
Member ABBOTT asked about escaping the house if they cannot access the front
door in case of an emergency.
Mr. Claugus said the people could maneuver over the 3ft. fence after exiting out the
back door. The other option would be to go through the man door of the garage and
exit through the car door.
Ms. Mikulak explained that the Chief Building Official has not shown any concern
with any of the emergency exits currently.
Member KUNTZ said he likes the throwback of the narrow lots and thinks this
project will be a positive addition to the neighborhood.
Mr. Claugus added he will think about putting cement all the way to the property
lines to control the weeds.
Ms. Mikulak mentioned that nobody signed up for the public testimony.
Upon a motion by Member KUNTZ and seconded by Member BRADFORD, the
following motion was stated:
WHEREAS, application Case No. WA -18-14 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 -18-14 be, and hereby is, APPROVED
TYPE OF VARIANCE: Request for 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.
Board of Adjustment Minutes December 13, 2018 3
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
may not be possible without the 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.
5. The request would not be detrimental to the 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 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 applicant shall ensure the garage complies with applicable building
codes, including fire rating, as determined by the Chief Building Official,
through the permitting process.
Motion carried 7-0.
B. Case No. WA -18-15
It was moved by Board Member KUNTZ and seconded by Board Member
PAGE to table Case No. WA -18-15 indefinitely.
The motion passed 7-0.
5. CLOSE PUBLIC HEARING
Chair ABBOTT closed the public hearing.
6. OLD BUSINESS
7. NEW BUSINESS
A. Approval of Minutes — October 25, 2018
It was moved by Board Member BELL and seconded by Board Member
RICHMOND to approve the minutes as written. The motion passed 6-0-1 with
Board Member GERMANO abstaining.
Board of Adjustment Minutes December 13, 2018 4
B. Ms. Mikulak informed the Board the Senior Planner, Meredith Reckert is retiring
after an amazing 35 'h years with the City of Wheat Ridge.
Member PAGE said she would like to get her a gift if anybody wants to help out.
C. Member BELL asked about the status of the vacant billboard in the City.
Ms. Mikulak explained that because the previous billboard variance was denied the
new process is underway and 3 applicants have submitted for the open vacancy.
Once they are looked at and determined eligible then a lottery will be held. Ms.
Mikulak added that none of the applicants chose the same location as the last
vanance.
D. Member PAGE also wanted information on the metal car storage at 32nd and Harlan.
Mr. Cutler explained that Ms. Sandoval has applied for a building permit in which she
has a year to construct the new structure and once complete the temporary metal
structure must come down.
8. ADJOURNMENT
Chair ABBOTT adjourned the meeting at 7:48 p.m.
Thomas ABBO IT, Chair Tammy Ode ecording Secretary
Board of Adjustment Minutes December 13, 2018 5