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HomeMy WebLinkAbout01/28/1999CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting January 28, 1999 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MAURO at 7:30 p.m. on January 28, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Members Absent: Tom Abbott Bill Echelmeyer Bob Howard Susan Junket Linda Mauro Karen Thiessen Robert Walker Paul Hovland Staff Present: Sean McCartney, Planner Barbara Delgadillo, Senior Secretary Arm Lazzeri, Minutes Specialist The following is the official set of Board of Adjustment minutes for the Public Hearing of January 28, 1999. 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 Mr. McCartney requested that Case No. WA-98-34 be continued to the February meeting. It was moved by Board Member WALKER and seconded by Board Member ECHELMEYER to approve the order of the agenda as amended. The motion carried by a vote of 7-0 with Board Member HOVLAND 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 01/28/99 5. PUBLIC HEARING A. Case No. WA-98-32: An application by Curtis Krey for approval of a 5' variance from the 5' side yard setback requirement and an 8.5' variance from the 30' front yard setback requirement for the purpose of an 8' x 10' storage shed. Said property is zoned R-2 and located at 7110 West 29th Avenue. This case was presented by Barbara Delgadillo. She reviewed the staff report and stated that this is Mr. Krey's second request to locate a small shed on his property which he plans to use for storage of his bicycle trailer. (His first request for a 20' front yard setback variance and 4' side yard setback variance was denied on October 22, 1998 because the shed would be located within the sight triangle.) Ms. Delgadillo referred to a letter submitted by Mr. Krey's physician which explained that Mr. Krey has severe arthritis which is managed through medication and an exercise program which includes bicycle riding. Ms. Delgadillo presented slides and overhead projections of the subject property, entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. Curtis Krey 7110 West 29th Avenue Mr. Krey stated that, since his first request was denied, he determined that he could move the shed from the front yard to the side of his house and still accomplish the purpose of storing his bicycle trailer. Board Member ECHELMEYER suggested that Mr. Krey transport his bicycle with a bumper carrier for his automobile. Mr. Krey replied that, due to his arthritis, he was unable to maneuver his bicycle onto an automobile rack and that his wife was unable to do it by herself. In response to a question from Board Member ABBOTT, Mr. Krey stated that, if his request were approved, he planned to paint the shed to match his house and have some concrete poured to extend his driveway which would allow him to back his car up to the shed to attach the trailer. Mr. Krey also stated that his neighbor had no objection to his request. Board Member ECHELMEYER expressed concern about having a shed in the front of the property and suggested that the height of the shed be lowered. Board Member WALKER asked Mr. Krey if the shed contractor, who erroneously informed him that the shed could be placed in its present position, was going to move the shed to the new location without cost. Mr. Krey replied that his son would move the shed for him. Mr. Krey stated that when the time comes that he no longer has a need to ride his bicycle, he would be agreeable to selling the shed and having it removed from his property. Board of Adjustment Page 2 01/28/99 Board Member HOWARD asked if this situation could be addressed by a temporary use permit (TUP). Mr. McCartney replied that this would necessitate annual hearings for renewal. Board Member THIESSEN asked Mr. Krey if he had considered parking the trailer in the garage and leaving his car in the driveway. Mr. Krey responded that this would not be satisfactory during the winter months. Upon a motion by Board Member ABBOTT and a second by Board Member JUNKER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-98-32 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 criteria given for this variance, 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. WA-98-32 be, and hereby is, APPROVED. Type of Variance: A 5' variance from the 5' side yard setback requirement and an 8.5' variance from the 30' front yard setback requirement for the purpose of an 8' x 10' storage shed. For the Following Reasons: 1. The proposed location for the shed will allow it to be screened by a large blue spruce on the east and lilac bushes on the north and west which would shield the shed from view. 2. The applicant has an existing medical condition which requires bicycle riding as part of his ongoing exercise routine. Board of Adjustment Page 3 01/28/99 3. The requested front yard setback does not impact the driveway site triangle of the applicant or neighbors. The side yard setback does not create a detrimental impact to the public safety. Granting of this variance would result in a reasonable accommodation of a person with a disability. With the following conditions: This variance will no longer apply when the applicant loses title to the property or when the applicant no longer has use for the bicycle and that this condition will be recorded on the title. 2. The applicant will agree that the fire department or the City shall not be deemed liable if the shed would impair access to the back yard. During discussion of the possibility of a temporary use permit, Mr. McCartney suggested using the City's electronic tracking system to alert the staff on a yearly basis to check the ownership of the property rather than going through the temporary use permit process every year. Board Member THIESSEN stated that she would not support the motion for any other reason than that this particular variance will accommodate a person with a disability and that it will not be a permanent situation. Board Member ABBOTT moved and Board Member JUNKER seconded to amend the motion to reword condition 1 as follows: This variance will no longer apply when the applicant loses title to the property or when the applicant no longer has use for the bicycle and that staff will monitor compliance with conditions of the variance on an annual basis by means of the electronic calendar and tracking system used to monitor temporary use permits. The motion passed, as amended, by a vote of 6-1, with Board Member ECHELMEYER voting no and Board Member HOVLAND absent. Chair MAURO advised the applicant that his request had been approved. B. Case No. WA-99-01: An application by Galloway, Romero and Associates for approval of a 16.25 foot front yard variance from the 50' front yard setback requirement to construct a gas station canopy along with a convenience store, laundry building and car wash. Said property is zoned C-1 and R-3 and located at 5600 West 38th Avenue. Board of Adjustment Page 4 01/28/99 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 opposition has been expressed to building a gas station/carwash in this location. He explained, for clarification, that a gas station in this location is allowed under the zoning code and that this hearing would only pertain to a variance for the canopy. He stated staff s conclusion that, based on criteria presented in the staff report, approval of this request would not alter the essential character of the locality nor have a detrimental impact on adjacent properties. In response to a question from Board Member ABBOTT, Mr. McCartney replied that the applicant planned to accommodate the adjacent residents by installing landscaping in excess of code requirements. David White 635 Ash Street, Denver Mr. White was sworn in by Chairman MAURO. He stated that he was representing Galloway, Romero and Associates. He presented drawings of the proposed development and indicated the area for which the variance was being requested. He also submitted photographs of the subject area. He stated that the gas station industry has changed over the years and space requirements have been greatly expanded. He explained that the shallow depth and long width of the property as well as the residential zoning on the rear 25 feet of the property restricted the type of development which could occur. He stated that in order to be sensitive to the neighborhood, the facility was designed to create additional landscape buffering such as planting large evergreen trees instead of shrubs, and fencing for the properties on the south. Board Member HOWARD asked what hours of operation were intended for the gas station. Dave Galloway 5350 DTC Parkway, Englewood Mr. Galloway was sworn in by Chair MAURO. He explained the layout of the proposed project. He stated that hours of operation had not yet been defined but that the Wheat Ridge code does not limit hours of operation. In response to a question from Board Member ABBOTT, Mr. Galloway stated that the applicant was willing to provide additional landscaping in addition to building a 6-foot fence on top of the retaining wall on the south. He explained that the variance was being requested to accommodate a little over half of the canopy. Duane Luebke 12163 West 30th Place Mr. Luebke was sworn in by Chair MAURO. He stated that he was the owner of the apartment buildings adjacent to the subject parcel. He stated that he was opposed to the car Board of Adjustment Page 5 01/28/99 wash which would produce noise as well as pollution from cars idling while waiting to enter the car wash. Board Member HOWARD asked Mr. Luebke how he felt about the proposed 6-foot fence. Mr. Luebke replied that he didn't think it would adequately buffer the pollution and noise from the car wash but would be agreeable to having it built. Board Member THIESSEN stated that this hearing pertained to a variance for the canopy and asked if Mr. Luebke had any opposition to the canopy. He replied that he had no objection to the canopy. Karen Case 3871 Eaton Street Ms. Case was sworn in by Chair MAURO. She stated that she owned the residence at 3871 Eaton Street and was opposed to the construction of a gas station in this location because of the impact it would have on the residential neighborhood. Board Member ABBOTT reminded Ms. Case that the Board could only consider the canopy because the gas station is a use by right at this location. Ms. Case replied that she was opposed to the variance because it allow the canopy to come too close to the street and that such a substantial variance would not fit with existing zoning requirements. She stated that she was not notified of the variance request. Betty Day 3935 Chase Street Ms. Day was sworn in by Chair MAURO. She stated that she owned the residence at 3935 Chase Street and stated her opposition to the application. Dan Genovese 20255 East Williamette, Aurora Mr. Genovese was sworn in by Chair MAURO. He stated that he was representing the Balmar Management Group, the owner and developer of the site. He stated that he believed their proposed facility would be aesthetically pleasing and an asset to the area along 38th Avenue. He felt the project would be in line with many of the changes occurring in the community as it is revitalized. He stated that the canopy is extremely important in the design of gas stations to provide light and shelter for customers. Board Member THIESSEN asked Mr. Genovese if the project would proceed if the variance were to be denied. He replied that the canopy is extremely critical in his business and is something customers expect. He stated that he could not specifically answer her question at this time because further investigation would be required if the variance is denied. Board of Adjustment Page 6 01/28/99 Valerie J. Wagner 3870 Eaton Street Ms. Wagner was sworn in by Chair MAURO. She stated that she agreed with Ms. Case and stated her opposition to the application. Chair MAURO asked Mr. McCartney to explain the City's notification procedures for variance requests. Mr. McCartney replied that the code requires notification of properties directly adjacent to the affected property in addition to publishing a notice in the newspaper. He read the list of property owners who were notified of this hearing in accordance with the code. Board Member ABBOTT referred to the 25 feet in the rear of the property that is presently zoned R-3. He asked that if the R-3 portion of the property were to be rezoned to commercial could the facility then be placed closer to the southern property line. Mr. McCartney replied that it could be moved further south and would be required to have a 12-foot landscape buffer and 6-foot screening fence. Board Member ECHELMEYER asked what constituted a hardship in this request for a variance. Board Member ECHELMEYER suggested that if the depth of the building were reduced by ten feet, the need for a variance could be eliminated. Board Member ABBOTT asked the applicant to address the hardship issue as well as the reasoning behind the size of the building. Dave Galloway returned to the podium. He stated that they were attempting to build a modern facility and the proposed dimensions work well for their type of facility. He stated that a 30-foot deep building would take them back about ten years according to industry standards. In regard to the character of the neighborhood, he commented that everything with the exception of Mr. Luebke's apartment building is zoned C-1 or C-2 on the south side of 38th. He stated that a hardship exists because the code has restricted the ability to develop this lot in that there is a 50-foot requirement on what was originally planned by the City as being a long, skinny commercial strip on 39th Avenue. Duane Luebke returned to the podium. He stated that if the variance is allowed, the car wash would present a hardship for him in regard to vacancies in his apartments. Board Member ABBOTT suggested the possibility of the construction of a masonry wall to further buffer the area. Chair MAURO asked if there were any present who had not signed the roster and wished to address the Board on this issue. There was no response. Board of Adjustment Page 7 01/28/99 Board Member THIESSEN stated that she was considering voting for denial of the request because she was reluctant to grant a variance over neighborhood opposition. She stated, however, that she felt this was a good alternative to other types of business that could possibly go into that location. It was moved by Board Member ECHELMEYER and seconded by Board Member WALKER that Case No. WA-99-01, a request for approval of a 16' 3" front yard setback variance to the 50' front yard setback requirement to allow for the construction of a fuel station canopy for a property zoned Commercial-One and Residential-Three and located at 5600 West 38th Avenue, be denied for the following reason: The request is based on a self-imposed hardship. There are many other design alternatives that would allow for full compliance of all setbacks. It has been our basic practice that variances are needed for the use and overriding of a severe hardship to the property owner. This isn't the case on a piece of ground this size that has never been worked upon for this particular project. Board Member ABBOTT stated that, although it troubled him considerably, he would vote for the motion for the same reasons stated by Board Member THIESSEN. The motion for denial passed by a vote of 6-1 with Board Member HOWARD voting no. C. Case No. WA-99-02: An application by Best Marine Service for approval to allow a 6' chain link fence on the west portion of the front yard property line approximately 130' to provide security and employee protection on the north side of the building. Said property is zoned Industrial and located at 12098 West 50th Place. 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 information contained in the staff report, he requested that a condition be placed on approval of the application that no storage would be allowed in the front of the property. Tom Horonto 6640 W. 73rd Avenue, Arvada Mr. Horonto was sworn in by Chair MAURO. He stated the purpose of the proposed fence is to allow protection from traffic for employees who are working outside of the building as well as to provide additional security to the building. In response to a question from Board Member ECHELMEYER, Mr. Horonto stated that the proposed fence would be in alignment with existing fences on adjacent properties. Board of Adjustment Page 8 01/28/99 Following brief discussion regarding the location and purpose of the fence, and upon a motion by Board Member ABBOTT and second 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-99-02 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-99-02 be, and hereby is, APPROVED. For the following reasons: Approval of this request should not be detrimental to the public welfare. 2. Approval of this request will not alter the essential character of the locality as 6-foot fences already occur within the front yard setbacks on several adjacent properties. 3. The fence will be see-through chain link thereby not creating an objectionable barrier to line of sight. With the following condition: 1. Storage of any type of material within the designated front yard is prohibited. All equipment being serviced must be removed at the end of every day. The motion passed by a vote of 7-0 with Board Member HOVLAND absent. Chair MAURO advised the applicant that his request had been approved. 5. CLOSE THE PUBLIC HEARING Chair MAURO declared the public hearing to be closed. Board of Adjustment Page 9 01/28/99 6. A. OLD BUSINESS There was no new business. NEW BUSINESS Approval of Minutes of December 2, 1998 and December 10, 1998. Chair MAURO requested an amendment to the minutes of December 10, 1998 as follows: Page 7, paragraph 7, should read "Board of Adjustment" in place of "Planning Commission." It was moved by Board Member HOWARD and seconded by Board Member ABBOTT to approve the minutes of December 2, 1998 as presented and the minutes of December 10, 1998 as amended. The motion passed by a vote of 7 to 0. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member JUNKER to adjourn the meeting at 10:25 p.m. The motion passed by a vote of 7-0 with Board Member HOVLAND absent. DA MAURO, Chairman /Board of Adjustment , (:~2L 6z~ Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 01/28/99 Page 10