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HomeMy WebLinkAbout02/25/1999CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT ORIGINAL Minutes of Meeting February 25, 1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MAURO at 7:30 p.m. on February 25, 1999, 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 Linda Mauro Karen Thiessen Members Absent: Susan Junker Robert Walker Staff Present: Sean McCartney, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of February 25, 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 It was moved by Board Member HOWARD and seconded by Board Member HOVLAND that the order of the agenda be approved. The motion passed by a vote of 6-0 with Board Members JUNKER and WALKER 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 02/25/99 5. PUBLIC HEARING A. Case No. WA-98-34: An application by Ed Moreno for approval of a 450 square foot variance from the 400 foot maximum square footage allowed for a private storage shed to allow more space for hay storage. Said property is zoned R-2 and located at 4655 Swadley 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 two neighbors, at 4655 Swadley and 4625 Swadley, had submitted letters of support, and that approval of the request should not alter the essential character of the locality nor have a detrimental impact on the adjacent properties. Board Member THIESSEN asked the reason for the setback variance request. Mr. McCartney replied that, since the applicant was not aware of the need for a building permit, construction had already begun on the structure which encroaches one foot and nine inches into the setback requirement. Edmond Moreno 4655 Swadley Street Mr. Moreno was sworn in by Chair MAURO. He stated that he was not aware of the need for a building permit and had a contractor begin construction on a shed which he plans to use for hay storage. A stop order was placed by the City of Wheat Ridge Building Division and he is now applying for a variance in order to complete construction of his storage shed. He has been storing hay outside with a covering of tarps which has resulted in the loss of three to four tons of hay every year due to moisture and formation of mold. Board Member ABBOTT asked if three open sides on the structure would be adequate to protect the hay. Mr. Moreno replied that the design would not only offer the protection that he needs but would allow for easy removal of the hay. He also stated that he has a 200 square foot shed on his property which will be removed when the subject shed is completed. In response to a question from Board Member HOWARD regarding the size of the structure, Mr. McCartney replied that the shed was 20 feet long and 16 feet wide. Board Member THIESSEN questioned the hardship associated with the side yard setback and asked if the requested variance would allow for adequate separation between structures if future building takes place on the adjacent vacant lot. Mr. McCartney stated that the code permits encroachment up to 30% into a side yard setback for structures such as porches which are open on three sides, and that the subject structure is similar in this regard. Board Member THIESSEN commented that the shed would not appear to be open when it is full of hay. Board of Adjustment Page 2 02/25/99 Board Member ABBOTT asked the applicant how high he intended to pile the hay. Mr. Moreno stated that it would be stacked to within several inches of the top of the shed, however the height of the stack would vary as he uses the hay. Board Member HOVLAND stated that he felt it would be an undue hardship to have the applicant move the structure at this time; however, he expressed concern about granting variances because a structure is already in place before the applicant has obtained a building permit. Board Member ABBOTT moved and Board Member ECHELMEYER seconded that Case No. 98-34, a request for approval of a 450 square foot maximum building coverage variance to the 400 square foot maximum building coverage requirement and a one-foot nine-inch side yard setback variance to the five-foot side yard setback requirement for a property zoned Residential-Two and located at 4655 Swadley Street, be approved for the following reasons. 1. In the surrounding neighborhood the properties contain around 20,000 square feet in lot area and house various agricultural uses; therefore, the request for a hay shed is not uncommon in this area. The property is 8,925 square feet in excess of the minimum 9,000 square foot lot area required fora single family dwelling located in the R-2 zone district. 2. The property in question measures 75 feet in width and approximately 245 width in depth. Due to the considerable depth of the property there is a large area of developable space where a structure could be built without affecting any of the adjacent habitable structures. The rear portion of many of these properties are used for horse farm-aculture. The neighbors in the same block on the same side of the street at 4625 and 4675 Swadley submitted letters of support for these variances. 4. The structure is open on three sides and therefore does not affect the view plane to the degree of a fully enclosed structure. 5. As the supporting poles and roof are in place, it would be considered generally impractical to move the structure at this time by a distance of one foot and nine inches. 6. As the lot is only 75 feet wide, options for circulation within the lot are limited; therefore, the need for the setback variance. The nearest adjacent structure is a garage, fifty (plus or minus) feet away and this structure would not be directly imperiled by the granting of this setback variance. Board of Adjustment Page 3 02/25/99 8. The immediate neighborhood has several similar appearing rear yards. With the following conditions: The structure may not be enclosed on more than one side. 2. One existing shed, as indicated at this hearing, shall be removed thirty days following inspection by the Building Department and the final inspection will be required to occur within sixty days. The motion passed by a vote of 5 to 1 with Board Member HOWARD voting no and Board Members JUNKER and WALKER absent. Chair MAURO advised the applicant that his request had been approved. B. Case No. WA-99-04: An application by Ken Billingsley for a variance from Section 26- 30(N) which requires a paved driveway area twenty feet wide and twenty-five feet long from the edge of pavement of a public street into the property, in order to maintain an existing gravel driveway. Said property is zoned R-2 and located at 4240 Iris 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 recommended approval of the variance because allowing the existing gravel driveway to remain on site should not be detrimental to the public's welfare, alter the essential character of the locality nor hinder any future property improvements within the neighborhood. Ken Billingsley 4240 Iris Street Mr. Billingsley stated that he is planning to replace an existing carport with a garage and would like to retain his present gravel driveway. He was not aware of the pavement requirement until it was discovered by the garage contractor when he went to pull the building permit. He stated that six of the twenty-one houses in his neighborhood have complete gravel driveways and all of the houses have a gravel cap over the drainage culverts. Board Member HOVLAND commented that a requirement for a paved driveway seems more logical when there is a curb and gutter situation. Upon a motion by Board Member ABBOTT and second by Board Member THIESSEN, the following resolution was stated: Board of Adjustment Page 4 02/25/99 Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-04 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. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-99-04 be, and hereby is, approved. Type of Variance: A variance from Section 26-30 (N) of the Wheat Ridge Code of Laws, which requires the placement of pavement for the first twenty-five feet of a residential driveway. For the following reasons: Approval of this request will not be detrimental to the public welfare and is compatible with the essential character of the neighborhood. 2. Iris Street in this neighborhood has no curb or gutter. Twenty-five percent of the twenty-one houses on the street, at this time, have gravel driveways. 4. The property has had the existing driveway for almost fifty years and appears to be causing no problem relating to the intent of the ordinance. 5. Due to the existing width of Iris Street, properties which have paved their driveways have left several feet unpaved at the property line thereby compromising the intent of the ordinance. The motion passed by a vote of 6-0 with Board Members NNKER and WALKER 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 5 02/25/99 6. OLD BUSINESS A. Variance at 4360 Jellison Board Member HOVLAND asked about the status of this variance which was given several years ago for sheds along the back property line. Mr. McCartney advised the Board that the building permit code has been changed back to the 120-square-foot limit which means that any structure which is less than 120 square feet in size will not require a paid building permit. The city still requests that anyone building a structure under this size pull a building permit to make sure setbacks are adequate; however, there will be no charge for the permit. B. Code Enforcement Officers In response to a question from Board Member ABBOTT, Mr. McCartney replied that the City now has two code enforcement officers and the chief building official also serves as the codes administrator. C. Variance at 7110 West 29th Avenue Board Member ECHELMEYER stated that the bicycle storage shed is still in its present location and has not met the condition of the variance which required relocation of the shed. Mr. McCartney replied that he would have the codes administrator look into the situation. D. Proposed Gas Station at 5600 West 38th Avenue In response to a question from Board Member HOWARD concerning the status of this project since the variance request for the canopy was denied, Mr. McCartney replied that the applicant has not come back to the city for any type of permit at this time. NEW BUSINESS A. Approval of Minutes of January 25, 1999. Board Member HOWARD moved and Board Member ECHELMEYER seconded to approve the minutes of the January 25, 1999 Board of Adjustment meeting. The motion passed by a vote of 6-0 with Board Members JUNKER and WALKER absent. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member ECHELMEYER to adjourn the meeting at 8:50 p.m. The motion passed by a vote of 6-0 with Board Members JUNKER and WALKER absent. JANDA MAURO, Chairman Board of Adjustment Ann Lazzen,, Secretary Board of Adjustment CTubnaWAV 999mins\990225mpd Board of Adjustment Page 6 02/25/99