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HomeMy WebLinkAbout04-25-191. City of WheatR�ijge BOARD OF ADJUSTMENT Minutes of Meeting April 25, 2019 CALL MEETING TO ORDER The meeting was called to order by Chair ABBOTT at 7:11 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-19-01 Thomas Abbott Janet Bell Michael Griffeth Paul Hovland David Kuntz Larry Richmond Betty Jo Page Robert DeVries Dan Bradford Lauren Mikulak, Planning Manager Zareen Tasneem, Planner I Tammy Odean, Recording Secretary The case was presented by Zareen Tasneem. 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. Board of Adjustment Minutes April 25, 2019 1 The applicant is requesting approval of three requests: 1. Request for approval of a 5 - foot (100%) variance from the 5 -foot setback requirement for a deck; 2. Request for approval of a 2 -foot 6 -inch (50%) variance from the 5 -foot side setback for an above ground pool; and 3. Request for approval of a 2 -foot 2 -inch (36.1 %) variance from the maximum allowed fence height of 6 feet for a side yard fence to be constructed on property zoned Residential -One C (R -1C) located at 5575 West 35th Avenue. Staff recommends approval of this variance. There are unique circumstances attributed to this request that warrant approval. Member PAGE inquired why the property lines look off in the aerial views. Ms. Mikulak explained these pictures are data from the County Assessor's office and are intended to show tax payer boundaries but not actual lot line locations. Ms. Tasneem added that Exhibit 3 shows where the property lines actually are. Member DEVRIES asked how the height variance will stretch the entire 48 ft length of the fence. Ms. Tasneem said the height will range from 6ft 9in in the front and gradually increase to 8ft 2in and will stay parallel to the deck. Member BELL mentioned she had concerns about water runoff from the deck. Ms. Mikulak said the building division will look at this concern. Member HOVLAND inquired how the Board will vote on this case given three related requests. Ms. Tasneem explained the 3 requests can be voted on separately or as 1 while specifying A, B and C. Member RICHMOND asked if the weight of the pool was taken into consideration with regards to the sewer. Ms. Mikulak mentioned there is an easement for the sewer and the pool was shifted to avoid the easement. Amy Coffey, applicant 5575 W 35' Avenue, Wheat Ridge Ms. Coffey gave a brief history of the 20 years she has been in the house and explained her mother need lower impact exercise for her arthritis and a heated resistance pool is the best option for her. She explained the only option for this pool is on the west side of the house because the east side has a nice garden that she does not want to destroy. She also explained her plans are to move the sewer line closer to the house and install a double clean-out, this way it will not interfere with the pool. She also added the pool comes with a lid that locks. Board of Adjustment Minutes April 25, 2019 2 Member KUNZ asked if a hole will be dug for the pool. Ms. Coffey said the pool will be recessed a little bit and a hole will be dug for the concrete slab that the pool will sit on and a French drain. She mentioned the pool is to be 51 inches high. The Members then discussed how to vote on the variances and agreed to vote on the 3 different variances under one motion. Upon a motion by Member HOVLAND and seconded by Member PAGE, the following motion was stated with friendly amendments from Members DEVRIES and ABBOTT: WHEREAS, application Case No. WA -19-01 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 -19-01 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for approval of three variance on property located in the Residential - One C (R -1C) zone district: • Request A: a five-foot (100%) variance from the five-foot side setback requirement for the deck, resulting in a 0 -foot setback for the deck, • Request B: a two -foot six-inch (50%) variance from the five-foot side setback for an above ground pool resulting in a two -foot six-inch setback, and • Request C: a two -foot two-inch (36.1%) variance from the maximum allowed fence height of six -feet resulting in a privacy fence up to eight - foot two -inches in height. The eight -foot two -inches at the high point is due to a change of grade. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the locality. 2. The physical location of the home on the property and the topography both present a particular and unique hardship. 3. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. Board of Adjustment Minutes April 25, 2019 4. The request would not be detrimental to public welfare. 5. The therapy pool provides a reasonable accommodation for treatment of arthritis. 6. The majority of the variance criteria have been met. 7. Any other location would be more detrimental to the locality of the pool and deck. 8. The height of the west side privacy fence should cause no negative impact to the property owner to the west as that house is a significant distance to the north of the proposed deck and pool. WITH THE FOLLOWING CONDITIONS: 1. The design of the deck, pool, and fence shall be consistent with the representations depicted in the application materials, subject to staff review and approval through review of a building permit. 2. Drainage shall be addressed to pull drainage away from neighboring property. 3. Consideration for placement of the pool and its impact on the sewer line shall be addressed with a new cleanout and appropriate inspections. Motion carried 8-0. 5. CLOSE PUBLIC HEARING Chair ABBOTT closed the public hearing. 6. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — December 13, 2018 It was moved by Board Member PAGE and seconded by Board Member Thomas DEVRIES to approve the minutes as written. The motion passed 6-0-2 with Board Member HOVLAND and GRIFFETH abstaining. B. Resolution 01-2019: Establishing a designated public place for posting of meeting notices as required by the Colorado Open Meetings Law. It was moved by Board Member HOVLAND and seconded by Board Member DEVRIES to approve Resolution 01-2019 establishing a designate public place for posting of meeting notice as required by the Colorado open Meetings Law. Motion passed 8-0. Board of Adjustment Minutes April 25, 2019 4 8. ADJOURNMENT Chair ABBOTT adjourned the meeting at 8:08 p.m. V Thomas A BOTT, Chair Tammy Ode cording Secretary Board of Adjustment Minutes April 25, 2019