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HomeMy WebLinkAbout03/25/1999CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT # Minutes of Meeting ORIGINAL March 25,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Vice Chair ABBOTT at 7:30 p.m. on March 25, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Michelle Brown Bill Echelmeyer Bob Howard Susan Junker Karen Thiessen Members Absent: Paul Hovland Linda Mauro Staff Present: Sean McCartney, Planner Ann Lazzeri, Secretary Vice Chair ABBOTT introduced Michelle Brown as the new Board of Adjustment member representing District Two. The following is the official set of Board of Adjustment minutes for the Public Hearing of March 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 JUNKER and seconded by Board Member THIESSEN that the order of the agenda be approved. The motion passed by a vote of 6-0 with Board Members HOVLAND and MAURO 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. 5. PUBLIC HEARING Board of Adjustment Page 1 03/25/99 A. Case No. WA-99-06: An application by Ronald Ragan for approval of a 20' side yard variance from the 15' side yard variance requirement for the addition of a bathroom on the east side of the residence. Said property is zoned R-1 and located at 12647 West 38th Drive. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a variance. All pertinent documents were entered into the record and accepted by Vice Chair ABBOTT. Mr. McCartney concluded that staff found the main basis of the request was due to the increasing needs of a growing family and the extreme topographic condition of the property. For a bathroom addition to be located on the main floor, the side yard is the only option where a room could be constructed without building within the front yard or having to create a major subterranean support. The city has not received any opposition to the application. Ron Ragan 12647 West 38th Avenue Mr. Ragan was swom in by Vice Chair ABBOTT. He stated that his home has one and one-half bathrooms which is insufficient to meet the needs of his family of two adults and six children. The addition, including the roof pitch, will be finished to match the existing structure. He referred to letters (contained in the Board's packet) from surrounding neighbors indicating their support of the application. In response to a question from Board Member ECHELMEYER, Mr. Ragan stated that the existing foliage (Russian olives, juniper bush and other shrubbery) will remain and serve to screen the addition from the adjacent property. In response to questions from Board Member HOWARD, Mr. Ragan stated that the only entrance to the proposed addition would be from a bedroom. There are two bedrooms and one and one-half bathrooms on the upper level, and the lower level of the house contains two bedrooms and a laundry room. Vice Chair ABBOTT asked if the bathroom could be built on the lower level. Mr. Ragan replied that there is not sufficient room. Board Member THIESSEN stated that she could understand the hardship associated with the need for another bathroom which, by itself, would not require a variance. She expressed concern that the additional office space doesn't constitute a hardship. Board Member ECHELMEYER expressed his approval of the application because it is not detrimental to the neighborhood and there have been no protests against it. Board Member BROWN stated that she was in favor of the application because of the hardship associated with one and one-half bathrooms for six children and the fact that there is no room to add a bath in the basement. Board of Adjustment Page 2 03/25/99 Vice Chair ABBOTT stated that he believed the application was reasonable because the proposed addition would still allow thirty feet between structures and would not be detrimental to the neighborhood. Upon a motion by Board Member ECHELMEYER and 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-99-06 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-99-06 be, and hereby is, approved. Type of Variance: A ten-foot side yard setback variance to the fifteen-foot side yard setback requirement to allow for construction of a bathroom and office addition. For the following reasons: Approval of this request will not be detrimental to the public welfare; and there has been no opposition by the immediate neighbor or anyone else living on the street. 2. The property's dramatic slope to the north does not allow for reasonable development, at least to place the bathroom near the necessary bedrooms. Approval of the request will not impair the adequate supply of light and air to the adjacent property to the east. Vice Chair ABBOTT offered an amendment to the motion to list an additional reason as follows: "The adjacent dwelling to the east has a setback of approximately twenty-five feet thus providing approximately thirty feet of separation between structures following the granting of this variance." The amendment was accepted by Board Members ECHELMEYER and JUNKER and the motion passed by a vote of 6-0 with Board Members HOVLAND and MAURO absent. Vice Chair ABBOTT advised the applicant that his request had been approved. Board of Adjustment Page 3 03/25/99 B. Case No. WA-99-08: An application by Tom Moran Construction for a five-foot front yard variance from the 30-foot front yard setback requirement for the addition of a sunroom. Said property is zoned R-1B and located at 10595 West 38th Place. The case was presented by Sean McCartney. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the ten criteria used in considering a variance. All pertinent documents were entered into the record and accepted by Vice Chair ABBOTT. He concluded that staff has found there may be evidence of a physical hardship attributed to the subject property; however, the face remains that the request for a sunroom is based purely on luxury and convenience rather than an every day need. the owner would legally be able to construct an open-sided covered patio which could encroach eight feet into the established from yard setback without the need for a variance. In answer to a question from Vice Chair ABBOTT, Mr. McCartney stated that the power of attorney matter had been resolved. Monte Zufeldt 9661 West 64th Place, Arvada Mr. Zufeldt was sworn in by Vice Chair ABBOTT. He is employed by Room With a View Sunrooms. He was appearing on behalf of the owner, Jan Orcholoski, who was not able to attend the hearing because of poor health. He explained that Mr. Orcholoski is severely handicapped and that a handicap ramp will also be installed. He stated there is no other location for the sunroom. Board Member ECHELMEYER stated that he observed several other residences in the immediate area that have similar front yard setbacks and felt the addition of the sumoom would not distract from the neighborhood. Vice Chair ABBOTT stated that the request does not meet the criteria other than for the handicap issue. He would like a doctor's statement that the applicant would benefit from the addition of a sunroom. Board Member JUNKER believed the small size of the lot constituted a hardship. Board Member TR ESSEN stated that she would be more comfortable with a doctor's statement. Board Member HOWARD stated that the addition would be an improvement to the neighborhood and he would have no objection to the application. Board Member BROWN agreed that there was a hardship in that there is no other place to add the sumoom and felt the addition would also be an improvement to the neighborhood. Board of Adjustment Page 4 03/25/99 Upon a motion by Board Member ECHELMEYER and second by Board Member BROWN the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-08 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-99-08 be, and hereby is, approved. Type of Variance: A five-foot front yard setback variance to the thirty-foot front yard setback requirement. For the Following Reasons: Approval of this request will not be detrimental to the public welfare. 2. The property is located on the corner of two public right-of-ways and was platted with only a 65' depth. 3. Approval of the request will not impair the adequate supply of light and air to the adjacent property to the east. 4. An extension on the front side of this property is fairly much in keeping with just about every house on the street with the exception of the immediate neighbor. This approval is tentative depending upon a letter from the occupant's physician indicating a true handicap hardship does exist. The Board grants authority to the staff to accept or not accept the applicability of the physician's letter to this case. The motion passed by a vote of 6-0 with Board Members HOVLAND and MAURO absent. 5. CLOSE THE PUBLIC HEARING Vice Chair ABBOTT declared the public hearing to be closed. Board of Adjustment Page 5 03/25/99 6. OLD BUSINESS A. Variance at 7110 West 29th Avenue Board Member ECHELMEYER reported that the shed has now been relocated. B. Variance at 38th and Garrison - Board Member THIESSEN asked the status of the trailer at this location. Mr. McCartney explained that the Board of Adjustment had given permission to the homeowner to keep the trailer on his property for six months while he was completing a construction project on his residence. This six month period ended February 27 and when notified that the time period was expired, the homeowner contacted the city to say that he was in the final stage of construction and would soon be applying for a certificate of occupancy. However, code enforcement action has been initiated by the City. C. Garage on West 35th Avenue. Vice Chair ABBOTT reported that the property which involved a request for a variance to allow an addition to store Rolls Royce automobiles has been sold. 7. NEW BUSINESS A. Reorganization of the Board. There was a consensus of the Board to continue the elections for Chairman and Vice Chairman to the April 22nd meeting when there will be more members present. B. Approval of Minutes of February 25,1999. Board Member HOWARD moved and Board Member ECHELMEYER seconded to approve the minutes of the February 25, 1999 Board of Adjustment meeting. The motion passed by a vote of 4-0 with Board Members BROWN and JUNKER abstaining, and Board Members HOVLAND and MAURO absent. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member THIESSEN to adjourn the meeting at 8:50 p.m. The motion passed by a vote of 6-0 with Board Members UOVLAND and MA O absent. TOM A4dOTt, Vice Chairman Board of Adjustment Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment 03/25/99 Page 6