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HomeMy WebLinkAbout08/27/1998CITY OF WHEAT RIDGE BOARD OF ADJUSTMEN RI IN AL Minutes of Meeting August 27, 1998 CALL THE MEETING TO ORDER: The meeting was called to order by Chair Person MAURO at 7:30 p.m. on August 27, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bill Echelmeyer Paul Hovland Bob Howard Susan Junket Linda Mauro Robert Walker Members Absent: Karen Thiessen Staff Present: Sean McCartney, Planner Ann Lazzeri, Minutes Specialist The following is the official set of Board of Adjustment minutes for the Public Hearing of August 27, 1998. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 3. APPROVE THE ORDER OF THE AGENDA Sean McCartney stated that the applicant and staff have requested that agenda item 4 (E), Case No. WF-98-01 be continued to September 24, 1998, based on the fact that staff did not have proper information to hear the case at this time. It was moved by Board Member HOVLAND and seconded by Board Member WALKER to approve the order of the agenda as amended by Mr. McCartney. The motion carried by a vote of 7-0, with Board Member THIESSEN absent. 4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) There was no one signed up to speak. Board of Adjustment Page 1 08/27/98 5. PUBLIC HEARING A. Case No. TUP-98-04: An application submitted by Ric Ondrusek for approval of a temporary use permit for the purpose of utilizing a 21-foot trailer to store personal belongings while remodeling. The property is zoned R-1 and located at 3815 Garrison Street. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated it was staff's recommendation that, due to circumstances involved with this case, the temporary use permit be approved for a period not to exceed six months. Board Member HOWARD asked about the site triangle. Mr. McCartney replied that the position of the trailer does not cause problems for passing motorists or vehicles pulling out of the driveway. Board Member HOVLAND asked how this case evolved. Mr. McCartney replied that staff became aware that no permit had been issued for this use. The applicant addressed the Board. Ric Ondrusek 3815 Garrison Street Mr. Ondrusek was sworn in by Chair MAURO. He stated that he is in the process of gutting and remodeling his entire basement, and that the trailer is housing all of the contents of the basement, some of which require daily access. He explained that he was unaware that he needed a permit for parking the trailer until his neighbors, who are Wheat Ridge police officers, so informed him. He then contacted the City to obtain the necessary permit. He also sent letters to all of his neighbors informing them of his intentions and received no negative feedback. Board Member ECHELMEYER asked the applicant if he could pull the trailer further away from the street. Mr. Ondrusek replied that there had originally been a large dumpster between the house and the trailer and that, even though the dumpster had now been removed, it would cost him $150.00 to have the trailer moved closer to the house. He also stated that the present position of the trailer allows parking in the garage and in front of the trailer. In response to a question from Board Member ECHELMEYER, Mr. Ondrusek replied that he plans to complete his remodeling project and remove the trailer by November 1, 1998. Board of Adjustment Page 2 08,27/98 Board Member ABBOTT asked why the applicant chose not to rent a storage facility. Mr. Ondrusek replied that since he needed convenient access to some of the storage items on a daily basis, he felt the on-site trailer was the best solution. Upon a motion by Board Member ABBOTT and second by Board Member WALKER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the Board of Adjustment Application Case No. TUP-98-04 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and 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 Whereas, the Board finds that, based upon all evidence presented and based upon the Board's conclusions relative to the five specific questions to justify the Temporary Use. Permit, the evidence and facts in this case do support the granting of this request. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. TUP-98- 04 be and hereby is APPROVED. Type of Temporary Use Permit: To allow the use of a 21-foot trailer to store every-day- use personal belongings while remodeling a substantial portion of the home on site (the entire basement). For the Following Reasons: 1. Garrison is not a through street nor does it generate a lot of traffic. The residents in the area have not indicated to the applicant or the staff that it would affect them. 2. The request does not pose a public health or safety hazard. 3. Alternative locations for the trailer were impractical. 4. The trailer is somewhat screened by an existing hedge. With the Following Condition: This TUP shall be for a term of six months or upon issuance of a certificate of occupancy, whichever shall occur first. Board of Adjustment Page 3 08/27/98 Board Member HOWARD stated that he would vote against the motion unless the applicant agreed to move the trailer at least ten feet closer to the house. Board Member ABBOTT stated that he did not include this requirement in his motion because he had been persuaded that it would create a parking problem for the applicant. The motion carried by a vote of 6 to 1, with Board Member HOWARD voting opposed, and Board Member THIESSEN absent. Chair MAURO advised the applicant that his request had been approved. B. Case No. TUP-98-05: An application submitted by John Colip, Java Time Express, for approval of a temporary use permit for the purpose of allowing an existing coffee kiosk to remain. The property is zoned C-1 and located at 4313 Wadsworth Boulevard. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. In addition to reasons outlined in the staff report, Mr. McCartney stated that staff was recommending approval of the TUP because the applicant is unable to apply for a permanent use since he is located in an area the City considers to be a commercial activity center. The City would prefer to see further development of this property completed through a large- scale unified development plan. He also pointed out that the Wadsworth corridor is currently under study in regard to redesign which would allow for better traffic flow and possible redevelopment of existing locations. Board Member ECHELMEYER expressed concern about setting a precedent which could cause future problems. Mr. McCartney replied that City regulations do not establish limits on the number of times a TUP may be granted under this particular circumstance. Board Member HOVLAND asked if there were other options available to the applicant such as a conditional use permit. Mr. McCartney replied that the use could be permitted under a planned building group which allows more than one building on a parcel. Planned building groups must be taken before the Planning Commission and the City Council. Board Member ABBOTT addressed the Wadsworth redevelopment plan and noted that this plan would cause an ultimate end to this temporary use. Mr. McCartney stated that this was correct and that the applicant would probably have an opportunity to permanently incorporate his business into the future redesign of this area. Board of Adjustment Page 4 08/27/98 John Colip 8585 West 44th Avenue, Wheat Ridge Mr. Colip, applicant, addressed the landscaping issue and advised the Board that he plans to maintain the flowers in the planters through the fall. He stated that the present awning will be replaced by October 1, 1998. Board Member ABBOTT stated that he would like to see more landscaping with some evergreens for winter-time landscaping. Mr. Colip stated that he would be agreeable to improving his present landscaping. Board Member HOWARD referred to past appearances by the applicant where he indicated he was looking for other locations on Wadsworth. Mr. Colip replied that he has investigated other locations along Wadsworth which were cost-prohibitive. Board Member HOVLAND commented that the applicant was somewhat limited in the amount of landscaping he could add due to the configuration of the kiosk. Upon a motion by Board Member ABBOTT and seconded by Board Member HOVLAND, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the Board of Adjustment Application Case No. TUP-98-05 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and 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 Whereas, the Board finds that, based upon all evidence presented and based upon the Board's conclusions relative to the five specific questions to justify the Temporary Use Permit, the evidence and facts in this case do support the granting of this request. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. TUP-98- 05 be and hereby is APPROVED. Type of Temporary Use Permit: Re-application of a Temporary Use Permit to allow a drive-through espresso business. Board of Adjustment Page 5 08/27/98 For the Following Reasons: 1. Approval of this request has not evidenced itself as detrimental to the public welfare. Although the use is mainly as a drive-through, it has not caused any unsafe parking, loading, service or internal traffic conflicts to be reported to the City. 2. A permanent structure on this property would require the development of the entire property under the current Wheat Ridge code of laws. 3. The Wadsworth development plan continues to evolve and will ultimately correct the situation of this occupancy. With the Following Conditions: 1. The current awning and signage will be replaced by October 1, 1998. 2. Year-around evergreen landscaping shall be immediately installed and maintained on the north and south sides. The existing flower boxes shall be maintained on the east side. The motion carried by a vote of 6-1, with Board Member HOWARD voting opposed and Board Member THIESSEN absent. Chair MAURO advised the applicant that his request had been approved. C. Case No. WA-98-22: An application submitted by Linda Christensen for approval of a 5- foot side-yard setback variance to the 5-foot setback requirement and a 15-foot front yard setback variance to the 30-foot setback requirement for the purpose of a private storage shed. The property is zoned R-2 and located at 2790 Vance Street. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated that staff was of the opinion that there were other development alternatives on the site which would comply with R-2 zone district regulations and that the applicant created the hardship when they did not contact the City prior to constructing the storage shed. Therefore, staff recommended denial .of the request. In response to questions from Board Member ECHELMEYER, Mr. McCartney replied that the shed had been existence for approximately two months and that the existing concrete pad was there long before construction of the shed. The applicant appeared before the Board: Board of Adjustment _ Page 6 08/27/98 Linda Christensen 2790 Vance Street, Wheat Ridge Ms. Christensen was sworn in by Chair MAURO. She entered the following exhibits into the record: Exhibit "A" Eight photographs of subject area. Exhibit "B" Site plan of subject area. (The exhibits were reviewed by members of the Board.) She stated that, although, she and her husband were unaware of the requirements for a permit to construct a storage shed, they have complied promptly and fully with the City since learning that such a permit was required. She addressed staff s reasons for denial of the request and stated that the only alternative area is occupied by a large vegetable garden with some raised beds. She stated that there was no alternative place for a vegetable garden on the property and that she believed the garden and landscaping have improved the value of the property. She pointed out a utility manhole cover and water well in the area which also limits development. She stated that she did not believe the shed alters the character of the neighborhood since it is painted the same color as her house and the next door neighbor has a similarly placed shed in his yard. The neighbors have not expressed any objections to the shed. She stated that relocation of the shed would present a hardship because it would necessitate tearing out the garden and landscaping which were installed at considerable expense. Since there is no alternative location for the shed, she stated that it would have to be removed from the site and they had already paid $1,200 for the shed as well as $200 for the permitting process. Board Member ECHELMEYER presented the possibility of rotating the shed to the left in order to meet setback requirements. Ms. Christensen replied that this would necessitate moving the sprinkler system and leveling the site. Board Member ABBOTT advised the applicant that one of the criteria to be established by the Board is one of hardship and that, although the shed is attractive and the yard is very nice, the placement of the shed is against City ordinance and doesn't meet criteria which would establish a hardship. Ms. Christensen replied that, if they had been aware of the setback regulations, etc., they would not have purchased a shed. She also noted that her neighbor informed her that the previous owners had a shed on the concrete slab which was removed when they sold the property. She stated that, in order to meet the setback requirements, the shed would have to be placed in the middle of the yard making the area unusable for a vegetable garden. Board of Adjustment Page 7 08/27/98 Board Member HOVLAND agreed with Board Member's ECHELMEYER's suggestion to turn the shed around which would meet setback requirements and still leave the vegetable garden intact. Jim Christensen 2790 Vance Street, Wheat Ridge Mr. Christensen was sworn in by Chair MAURO. He stated that turning the shed would interfere with the existing well. Bob Otto 7360 West 28th Avenue, Wheat Ridge Mr. Otto was sworn in by Chair MAURO. He stated that he is a neighbor to the Christensen's and that he has lived in his present home for over thirty years. He stated that the previous owners did have a shed on the concrete pad which was torn down when they moved. He had no objections to the subject shed and felt that it was, in fact, an asset to the neighborhood. Board Member ECHELMEYER asked Mr. McCartney if the shed would comply if it were turned. Mr. McCartney replied that it would meet setback requirements, but he was not sure what water district requirements would be concerning the well. Board Member JUNKER asked if the present location of the shed was on the utility easement. Mr. McCartney replied that the shed is located under overhead lines and that the utility company would have to determine if the easement needed to be open for any reason. Board Member ABBOTT asked if the code had any provision for past nonconforming structures to apply to future situations. Mr. McCartney replied that there is an allowance for nonconforming structures in existence prior to adoption of the ordinance; however, if such structures are more than 50% destroyed, they lose nonconformity status. In this case, the previous nonconforming structure was 100% removed. Jim Christensen 2790 Vance Street Mr. Christensen stated that turning the shed as suggested by Board Member ECHELMEYER would not look good. He asked if a variance would be required to place the shed against the back fence. Mr. McCartney replied that 5-foot setbacks from both fence lines are required. Mr. Christensen stated that the setbacks would require placing the shed in the middle of the garden area. Board Member ABBOTT commented that the applicant's yard is very nice and an improvement over the past. He stated that even though he does not agree with the 5-foot setbacks in these situations which create virtually unusable space, it is necessary to abide by the laws as written in the code. Board of Adjustment Page 8 08/27/98 Upon a motion by Board Member ABBOTT and second by Board Member WALKER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-98-22 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and there were no protests registered against it; and Whereas, the relief applied for may NOT be granted without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. WA-98- 22 be, and hereby is, DENIED. Type of Variance: A 5-foot side yard setback variance to the 5-foot side yard setback requirement and a 5-foot front yard setback variance to the 30-foot front yard setback requirement. For the Following Reasons: 1: There would appear to be other areas on the property where the shed could be constructed or moved which would be in compliance with the established development regulations. 2. The proposed request is purely for individual benefit and will not significantly benefit the community or the neighborhood. Although enclosed storage is aesthetically pleasing as opposed to open storage, the applicant does have alternative locations for placement of the storage shed. 3. Approval of this request would, to a degree, alter the essential character of the locality in that there are no other structures within the immediate neighborhood that are nonconforming beyond a 20-foot front yard setback. The motion carried by a vote of 7-0, with Board Member THIESSEN absent. Chair MAURO advised the applicant that the request had been denied. D. Case No. WA-98-24: An application submitted by Pester Marketing Company for approval of a 14.5-foot front yard setback variance to the 50-foot setback requirement and a 6.5-foot side yard setback variance to the 30-foot side yard setback requirement for the purpose of Board of Adjustment Page 9 08/27/98 constructing a gas station canopy and convenience store. The property is zoned I and located at 5190 Ward Road. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated that staff recommended approval of this request because it would allow for a positive contribution to an ailing intersection and facilitate redevelopment of the property which is currently nonconforming relative to landscaping and access. He stated that alleviation of these non-conformities would.eliminate existing vehicular confusion on and off-site. The applicant's representative appeared before the Board. Dave Galloway 5350 DTC Parkway, Englewood Mr. Galloway was sworn in by Chair MAURO. He stated that, in addition to those mentioned in the staff report, there were additional unique circumstances related to this case. He stated, for example, that the present facility is approximately forty years old and is completely surrounded by I-zone which prevents expansion of the property. He explained that the existing structure, gasoline tanks, etc. will be removed and rebuilt and the new structure will include a car-wash. He stated that the applicant will be required to widen one lane so the curb and gutter will match Ward Road. Sidewalks and landscaping will also be installed. He stated that another unique circumstance is created by the fact that they are located on a corner lot with a 50-foot front setback from Ward Road, a 30-foot side setback from 52nd Avenue, a 15-foot side setback from Jolly Rancher and a 10-foot rear setback. He stated that right-of-way dedication and setbacks reduce the size of the parcel from 25,500 square feet to 10,900 square feet. In conclusion, he stated the project would be a great improvement for this corner. In response to questions from Board Member HOWARD, Mr. Galloway pointed out the landscaping areas on the plan which exceed City requirements. He explained that it is planned to build a small retaining wall in the back of the property because of the change in grade. Upon a motion by Board Member ABBOTT and seconded by Board Member ECHELMEYER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-98-24 is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment Page 10 08/27/98 Whereas, the property has been posted the fifteen days required by law and 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. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. WA-98- 24 be, and hereby is, approved. Type of Variance: A 14.5-foot front yard setback variance to the 50-foot front yard setback requirement and a 6.5-foot side yard setback variance to the 30-foot side yard setback requirement t construct a gas station canopy and convenience store on property zoned Light- Industrial. For the Following Reasons: 1. The applicant plans to raze the entire site and perform a complete redevelopment of the property. 2. The existing canopy and convenience store encroachments are significantly more than the proposed encroachments, this despite a dedication of increased right-of-way on Ward Road. 3. The applicant is proposing to upgrade the property by providing approximately 20% landscaping coverage, including substantial internal landscaping, beyond the City requirements and will include a deceleration right-turn lane. Also, the number of dispensers is being reduced from five to four, therefore approval of this request should improve the essential character of the locality. 4. The proposed canopy will be located outside the site distance triangle allowing for adequate visibility by passing motorists. Also, because fuel pump canopies are designed to be open on all sides, there should be adequate visibility beneath the canopy to allow for proper internal circulation and site distance. 5. Approval of this request will directly benefit the neighborhood and community, and will allow for positive redevelopment of a property that currently does not allow for much aesthetic relief. The motion carried by a vote of 7-0, with Board Member THIESSEN absent. Chair MAURO advised the applicant that the request was granted. 6. CLOSE THE PUBLIC HEARING Chair Person MAURO declared the public hearing closed. Board of Adjustment Page 11 08/27/98 OLD BUSINESS A. In response to a question from Board Member HOVLAND, Mr. McCartney stated that the site where in-filling of the lake is occurring is being developed as a hotel and restaurant and will be called the Lakemont Center. This was approved by City Council in 1984. Mr. McCartney also advised that he will check into the status of the billboard on the property. 8. NEW BUSINESS A. Consideration of Minutes of July 23, 1998. Board Member WALKER requested that the minutes reflect his absence. The minutes indicated that he was present and that Board Member HOWARD was absent. Board Member HOWARD was present at the meeting of July 23, 1998. It was moved by Board Member HOWARD and seconded by Board Member WALKER that the minutes of July 23, 1998 be approved as amended. The motion carried by a vote of 7-0, with Board Member THIESSEN absent. 9. ADJOURNMENT It was moved by Board Member ECHELMEYER and seconded by Board Member HOVLAND to adjourn the meeting at 9:55 p.m. /J/ NDA MAU , Chairperson Ann Lazzeri, ecre ary Board of Adjustment Board of Adjustment C:\Barbara\BOA\ 1998MINS\980827.wpd Board of Adjustment Page 12 08/27/98