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HomeMy WebLinkAbout11/20/2008♦~A41 City of "Wheat<idge PLANNING COMMISSION Minutes of Meeting November 20, 2008 2. 3. 4. 5. 6. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present: Anne Brinkman Jim Chilvers John Dwyer Dick Matthews Jerry Scezney Kim Stewart Commission Members Absent: Staff Members Present: PLEDGE OF ALLEGIANCE Davis Reinhart Steve Timms Meredith Reckert, Senior Planner Tim Paranto, Public Works Director Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner STEWART and seconded by Commissioner MATTHEWS to approve the agenda as presented. The motion passed unanimously. APPROVAL OF MINUTES - October 16, 2008 It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to approve the minutes of October 16, 2008 as presented. The motion passed with 5-0 with Commissioner SCEZNEY abstaining and Commissioners TIMMS and REINHART absent. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one to address the Commission at this time. Planning Commission Minutes 1 November 20, 2008 7. PUBLIC HEARING A. Case No's. MS-08-01 and WA-08-14: An application filed by Davis Reinhart for approval of (A) a 2-lot minor subdivision plat with a lot width variance and a side yard setback variance for an existing garage and (B) a waiver of street dedication requirements for property zoned Residential- One and located at 2690 Pierce Street. The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons, and with conditions, outlined in the staff report. Commissioner DWYER asked if setbacks for the existing structures would become nonconforming if right-of-ways and improvements are made. Ms. Reckert replied that setbacks would be reduced on both existing structures; however, because it would be a city acquisition, variances would not be required. In reply to a question from Commissioner BRINKMAN, Tim Paranto explained that current city policy allows the city to acquire right-of-way parcels as they become available. This property would represent the first improvements to the east side of Pierce Street and the south side of West 28a` Avenue. Commissioner BRINKMAN asked if this area had been identified as having critical drainage issues. Mr. Paranto explained that it was not. The installation of curb, gutter and sidewalk was being required because it is standard and there is existing curb, gutter and sidewalk on the west side of the street. Ms. Reckert explained that whenever a property is subdivided, the city requires the developer to build improvements at the time of subdivision or place money in escrow for future improvements. For residential properties, the escrow would be returned after a period of ten years if no city project occurs. In response to a question from Commissioner BRINKMAN, Mr. Paranto stated that periodic traffic counts have not shown a significant change in traffic on Pierce Street in this area. Marcus Pachner Mr. Pachner, representing the applicant, read the following statement from Davis Reinhart into the record: Dear Commissioners: I regret not to be presenting my project to you tonight. While 1 have complete faith in the Planning Commission's objectivity, stafffelt my presence may unduly influence you or at least create the appearance of undue Planning Commission Minutes 2 November 20, 2008 influence. I believe I am putting forth a project that is consistent with good planning and the goals of the City of Wheat Ridge as stated in the Neighborhood Revitalization Strategy. I am disappointed that I was unable to come to an agreement with staff on how this plat should move forward. Mr. Pachner referred to a question from Commissioner MATTHEWS, and explained that the small lot to the east of the property was an illegal subdivision done by a previous owner long before Mr. Reinhart purchased the property. He asked the Commission to consider that the required right-of-way dedication would cause the removal of many mature trees to be replaced with sidewalk, curb and gutter. Removal of the trees would not only affect the subject property but the character of the entire neighborhood. Mr. Reinhart met with Travis Crane of the Planning Department before he purchased the property in 2005. Staff agreed at that time that the lot split would be conforming but a variance would be required to keep the garage in its location on the second lot. He stated that there would be no benefit to the public to remove a solid brick garage. He did not believe the right-of-way dedications were necessary because both streets are in full operation with correct number of lanes and capacity. The widened right-of-way would result in inconsistent setbacks and there are no community plans for improvements in this area. He also noted that, in the past, there was no need for the right-of-way on 28th Avenue and was therefore vacated. Staff is now requesting that the vacation be rescinded and ten feet be granted for right-of-way dedication. Since 28a' Avenue is only 750 feet in length, the character of the entire block would be changed by installing curb, gutter and sidewalk along the subject property. Regarding the request for a detached sidewalk on Pierce Street, it would be inconsistent because there are no detached sidewalks along the entirety of Pierce Street. The nearest sidewalk on the east side of Pierce Street is six blocks away from the subject property. Mr. Pachner stated that the cost to bond the improvements would be approximately $20,000. This cost in addition to other costs such as park dedication, surveys, etc., would make this project cost prohibitive. The ten year escrow request seems to be unreasonable because there are no plans to improve 28a' Avenue or Pierce. He stated that the applicant is very sensitive to public safety but it is difficult to understand how installation of a detached sidewalk on Pierce along this one property would create safer passage along the street. Mr. Pachner concluded by stating his belief that the requirements for a variance request have been met and should be granted. He also requested approval of the plat without conditions. Ms. Reckert advised the Commission that it would be appropriate to consider the right-of-way dedications in separate motions. Planning Commission Minutes 3 November 20, 2008 Mr. Pachner commented that if the sidewalk were to abut the trees on Pierce Street, the trees would most likely not survive. Commissioner CHILVERS commented that the long term value of the trees would be determined by the species of the trees and their condition. In response to a question from Commissioner DWYER, Mr. Pachner explained that the garage could be kept with a side setback variance and there would still be space to build a primary structure on the lot. Ms. Reckert commented that without a variance for the garage, the rear setback of the existing house would be affected. In response to a question from Commissioner BRINKMAN, Ms. Reckert explained that a sediment control plan would be necessary whether or not curb and gutter is installed. It would be required when the lot is developed to prevent erosion into adjacent properties. In response to a question from Commissioner BRINKMAN, Mr. Pachner stated that he did not know if there were drainage issues on the site. Chair BRINKMAN asked to hear from members of the public. Scott Ernest 2670 Pierce Street Mr. Ernest stated that he owns the house directly to south of proposed variance. He stated his opposition to the variance because the lot could be subdivided without it. Jean Hughes 2800 Pierce Ms. Hughes stated her opposition to the application. Walter Kelleigh 6680 West 28th Mr. Kelleigh questioned the necessity of installing curb and gutter along 28th Avenue. Mr. Paranto explained that the city has a policy to ultimately have sidewalks on all streets, including West 28 . Because the property is requesting a land use approval at this time, it is an opportunity for the city to acquire right-of- way for future sidewalk installation. Donna Hartley 6710 West 28t Avenue Ms. Hartley expressed her opposition to the variance and the installation of curb and gutter which would cause the removal of so many trees. Removal of the trees would destroy the character of the neighborhood. She also noted that there is no Planning Commission Minutes 4 November 20, 2008 traffic on 28`h other than from the residents on the street. She was opposed to a patchwork of sidewalks, curb and gutter. Lester Hartley 6710 West 28`h Avenue Mr. Hartley stated his opposition to the installation of curbs and gutters. He lives directly east of the applicant and had no concern with what the applicant builds. His concern centered around the effect of curb and gutter on 28th Avenue and the subsequent removal of mature trees. He stated the only place there has ever been a water problem is where curbs and gutter are in place on the north side of 28`h Avenue. Cliff Selby 2785 Pierce Mr. Selby stated his opposition to the application. He expressed concern about the removal of mature trees. His property has been in his family for many years and there has never been a drainage problem in the front of the property. He suggested that the lot should be conforming which would eliminate the variance problem. He did not believe the garage had that much value. Commissioner DWYER asked if Mr. Selby would be satisfied with subdividing the property if the right-of-way requirements were not granted. Mr. Selby replied that he would not be entirely satisfied because he felt the lot should be conforming. He believed a garage would cause problems in designing a house around it. Marcus Pachner Mr. Pachner returned to the podium to explain that a variance will be required either for the house setback or the garage setback. He also commented that the applicant has worked closely with staff to formulate his plan. Chair BRINKMAN asked if there were others present who wished to address the commission. Hearing no response, she closed the public hearing. Commissioner MATTHEWS stated that he was in favor of the right-of-way dedication along Pierce but not along 28`h Avenue. He was also conflicted about having an uneven lot line in order to accommodate a building that may or may not be saved. Commissioner STEWART commented that much of Pierce Street does not have curb, gutter and sidewalk so she doesn't see the pressing need for one along the subject property. She was not in favor of the dedication on 28th Avenue. The city would always have the right to install sidewalks at some time in the future. She also favored a straight property line division. Planning Commission Minutes 5 November 20, 2008 It was moved by Commissioner DWYER and seconded by Commissioner SCEZNEY to recommend approval of Case No. WA-08-14, a request for approval of a 6-foot lot width variance and a 4.3-foot side setback variance for Lot 2 of the proposed subdivision, for the following reasons: 1. Granting of the variance would not alter the character of the area. 2. There are numerous lots with nonconforming widths and setbacks in the area, including several approved as variance requests by the Board of Adjustment. 3. Granting of the variance should not impair the amount of light and air to adjacent properties, increase congestion in the public streets or increase fire danger. A request for variance requires a super majority of five affirmative votes for approval. Therefore, the motion failed by a vote of 4 to 2 with Commissioners STEWART and CHILVERS voting no. Since the variance request was denied, the right-of-way dedications and subdivision plat could not be considered. (The meeting was recessed from 8:45 p.m. to 8:50 p.m.) B. Case No. ZOA-08-05: An ordinance amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to floodplain control. The case was presented by Meredith Reckert and Tim Paranto. Coors recently completed stream overflow improvements to the Clear Creek railroad bridge east of McIntyre which has modified the floodplain downstream. Therefore the Clear Creek Flood Hazard Area Delineation should be modified to reflect those changes. It was moved by Commissioner SCEZNEY and seconded by Commissioner STEWART that Case No. ZOA-08-05, a proposed amendment to Section 26- 803.G of Article VIII, Floodplain Control, of the Wheat Ridge Code of Laws, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The proposed legislation adopts the new study. 2. It will allow the City to administer activities within the correct floodplain boundaries. The motion passed 6-0 with Commissioners TIMMS and REINHART absent. Planning Commission Minutes 6 November 20, 2008 8. ADJOURNMENT It was moved by Commissioner MATTHEWS and seconded by Commissioner STEWART to adjourn the meeting at 9:00 p.m. The motion passed unanimously. Anne Brinkman, Chair Ann Lazzeri, cretary' Planning Commission Minutes 7 November 20, 2008