Loading...
HomeMy WebLinkAbout04/22/1999OR1 w,4AL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting April 22,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair MAURO at 7:30 p.m. on April 22, 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 Bob Howard Paul Hovland Susan Junker Linda Mauro Karen Thiessen Members Absent: Michelle Brown (excluded) Staff Present: Sean McCartney, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of April 22, 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 HOVLAND that the order of the agenda be approved. The motion passed by a vote of 7-0 with Board Member BROWN 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 04/22/99 5. PUBLIC HEARING A. Case No. TUP-99-01: An application by Lisa Aielo for approval of a temporary use permit to operate a temporary bedding plant and farm fresh produce stand at 10590 West 44th Avenue. Said property is zoned A-1. 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 TUP. All pertinent documents were entered into the record and accepted by Chair MAURO. In conclusion, Mr. McCartney stated that staff was recommending approval of the application. Lisa Aielo 6364 Newland Street, Arvada Ms. Aielo, the applicant, was sworn in by Chair MAURO. In response to a question from Board Member THIESSEN, Ms. Aielo stated that she wanted to try this business for two years and if it has worked well she would like to negotiate a purchase of the property and request rezoning in order to construct a permanent building. Board Member ABBOTT noted that produce sales would be a use by right on this site if the produce were actually grown on the site. Board Member ECHELMEYER asked if immediate neighbors objected to the application and if Ms. Aielo would object to turning the refrigeration unit off on Sunday mornings so as not to interfere with church services being conducted across the Street. Ms. Aielo replied that no objections had been expressed by the neighbors and that she would agree to turning the unit off during Sunday morning church services. Pat Aielo 6364 Newland Street, Arvada Mr. Aielo, the applicant's father, was sworn in by Chair MAURO. He stated that the entire unit will be enclosed on all sides with insulated plywood which will deaden the noise. He also assured the Board that the enclosure will be painted to match the trailer. 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. TUP-99-01 is an appeal to this Board from the decision of an administrative officer; and Board of Adjustment 04/22/99 Whereas, the property has been posted the fifteen days required by law, and in recognition that 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. TUP-99-01 be, and hereby is, approved. Type of Temporary Use Permit: To allow the temporary sales of bedding plants and produce. For the following reasons: 1. Even though this use will result in the increase of traffic into the site, approval of this request should not result in congestion on the public streets because there will be adequate room for customers to pull onto the site. Also, the applicant will be providing for adequate parking which should not result in creation of unsafe parking or traffic conflicts. 2. Because the proposed tent will be located at least 25 feet from the nearest structure and the 6-foot chain link fence is 90% open, approval of this request should not have an adverse effect on the adequate supply of light and air nor cause any air pollution. Also, because the entire site is impervious and there won't be any changes to the grade, approval of this request should not cause drainage problems. 3. Staff has concluded that approval of this request will not be a detriment to the public's welfare and that design of the area around the sales area will allow for adequate circulation parking, including employee parking. The applicant has insured that the setbacks for the 6-foot fence comply with the development standards and has provided for adequate parking areas. With the Following Conditions: The generator/refrigeration unit may not be turned on before 9:00 a.m. and must be shut off at 7:00 p.m. every night including weekends and during Sunday services for the Baptist church across the street. This unit shall be enclosed on all sides, other than the top and bottom, to dampen noise in the vicinity. Approval of this Temporary Use Permit shall be for the time period of April 23, 1999 through December 31, 1999. Board of Adjustment Page 3 04/22/99 3. The tractor-trailer will be placed on the site per the diagram shown to the Board at the meeting of April 22, 1999. The motion passed by a vote of 7-0 with Board Member BROWN absent. Chair MAURO advised the applicant that her request was approved. B. Case No. WA-99-09: An application by Lester Williams for a 1-foot fence height variance from the 4-foot fence height allowance. Said property is zoned A-1 and located at 4593 Parfet. 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 Chair MAURO. In conclusion, he stated staff's opinion that approval of this request should not be detrimental to the public's welfare. Board Member HOVLAND asked if it were possible to grant a variance that would be in effect until the present owner sells the property. Mr. McCartney replied that this can be done. In response to a question from Chair MAURO, Mr. McCartney replied that barbed wire is allowed in agricultural zoning. Janice Williams 8468 West 75th Way, Arvada Lester Williams 4593 Parfet Mr. Williams, the owner of the property; and Mrs. Williams, his daughter-in-law, were sworn in by Chair MAURO. Mrs. Williams explained that Mr. Williams thought he was applying for a 6-foot variance rather than a 5-foot variance. The present fence is 6 feet in height. Mr. Williams is requesting the variance to construct a fence which would prevent vandals from destroying his pumpkin crop. Mrs. Williams stated that her husband will inherit Lester Williams' property one day and plans to continue farming in this location. Discussion ensued about the fact that the variance was advertised as a 5-foot fence. The Board reached a conclusion that since the actual wire fence itself is 5-feet in height, it would meet the standards stated in the application. The barbed wire on top is allowed in agricultural zones and is not counted as part of the fence height. The 6-foot fence posts are also not considered as part of the fence height. Board of Adjustment Page 4 04/22/99 Upon a motion by Board Member ABBOTT and second by Board Member HOVLAND the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-09 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- 09 be, and hereby is, approved. Type of Variance: A one-foot fence height variance from the four-foot fence height requirement to allow for a five-foot fence in the minimum front yard setback. For the Following Reasons: The property in question is located in an area that remains semi-agricultural. 2. The applicant has been using this property for growing pumpkins, corn and other crops for a number of years and lately has been having problem with vandalism to his crop before it can be sold. The variance would allow for some additional protection from these outside effects. 3. The applicant has built a fence that is open wire similar to chain link construction which will allow for more than adequate visibility. The property is not on a corner and the fence is not located within the site triangle. Therefore, approval of this request should not be detrimental to the public's welfare or injurious to other property improvements. 4. The fence is primarily constructed of a material similar to chain link, therefore approval of this variance will not impair the view plane of adjacent properties or passers-by: 5. The loss of additional land caused by building the fence at a thirty-foot setback would cost the use of valuable agricultural land. Board of Adjustment Page 5 04/22/99 With the following conditions: This variance shall remain in force only as long as the property remains zoned agricultural. 2. This variance is for an open mesh wire fence and would not allow for a solid fence or modification of this existing open wire fence. The motion passed by a vote of 7-0 with Board Member BROWN absent. C. Case No. WA-99-10 - An application by Gordon Hinshaw for approval of a 120-square foot variance from the 600-square foot maximum detached garage requirement to build a 24' x 30' garage and a waiver from Section 26-30(N) which requires a 20-foot wide and 25-foot long paved driveway. Said property is zoned R-3 and located at 4045 Upham Street. 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 Chair MAURO. In conclusion, Mr. McCartney stated that staff was recommending denial of the 120-square foot building coverage variance, but recommended approval of the request for a waiver from Section 26-30(N). Board Member HOVLAND asked if the 600 square foot maximum for a detached garage is standard. Mr. McCartney replied that it is standard and that the 20 feet width is required by code. He also noted that staff believes the present gravel driveway could exist as it is because 20x25 foot concrete would be out of scale and out of character for the neighborhood. In response to a question from Board Member THIESSEN, Mr. McCartney replied that staff did not believe there was a hardship associated with the request for a 720-square foot garage. Gordon Hinshaw 4045 Upham Street Mr. Hinshaw was sworn in by Chair MAURO. He stated that, in addition to storage for his cars, he wanted space for woodworking tools and additional storage since his house contains only 1600 square feet. He did not believe it would be a detriment to the neighborhood because his house is located between two apartment buildings and is backed up against the Safeway store. He noted that he could have requested an administrative variance which would allow him to build a 660 square foot garage. He is only asking for an extra 3.5 feet over what an administrative variance would allow. Board of Adjustment Page 6 04/22/99 Board member THIESSEN commented that since this is an odd-shaped property located between two apartment buildings and a Safeway store and also has a privacy fence, she didn't think it would affect anyone else in the neighborhood. Board Member ABBOTT asked the width of the present gate. Mr. Hinshaw replied that it was nine feet in width. Board Member HOVLAND asked Mr. Hinshaw to explain the hardship associated with his request. Mr. Hinshaw replied that his lot is almost a half-acre which is rare for a R-3 zoning. His property is very narrow and deep and he is not asking for much more than the 660 feet which would be allowed under an administrative variance. He stated that he believes his location is a hardship. In response to a question from Board Member HOWARD, he replied that he does not plan to put a hip roof on his garage. In response to a question from Board Member ABBOTT, Mr. Hinshaw stated that the proposed structure would match the house exterior in materials and color. In response to a request from Board Member HOVLAND, Mr. McCartney reviewed the administrative variance procedure. Upon a motion by Board Member ABBOTT and second by Board Member THIESSEN, the following resolution was stated. Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-10 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- 10 be, and hereby is, approved. Board of Adjustment Page 7 04/22/99 Type of Variance: A 120 square foot building coverage variance to the 600 square foot maximum building coverage requirement for a detached garage in this zone district. For the following reasons: A detached garage that is built to code would measure 24 x 25 feet (or 600 square feet). The Board believes the additional five feet in width will not be noticeable because the property is so large that the structure will occur 157 feet back from the property line and the property is heavily planted with mature trees. 2. Building possibilities on this oversized lot are being restricted to building dimensions applied to much smaller lots; therefore, a hardship related to fair use of the total property is created for the property owner. With the following conditions: The garage structure may be one-story maximum with a 6 and 12 maximum pitch roof. 2. The exterior siding and roofing materials shall be similar to the house as described to the Board by the applicant. Board Member ECHELMEYER stated that he would vote in opposition to the motion because rules and regulations have been established by elected officials and staff which are designed to be of benefit to the entire community and not one or two people. Board Member THIESSEN stated that she would vote in favor of the motion because of the odd size of the property and the fact that the garage will not be visible. Further, the purpose of the Board to is to consider variances to the established rules and regulations to keep properties in character with the surrounding neighborhood and this request is in line with the intent and purpose of the code. Board Member ABBOTT stated that ordinances are written to address base line situations; however, it is recognized that certain irregular situations must be addressed by the Board of Adjustment. Because the structure will be set back so far from the front of the property and will be screened by the trees, he is in favor of the variance. It will not have a negative impact on the neighbors. He noted that an attached garage could be constructed to the size of 3,000 square feet and the applicant would still have the right to build an additional 600 square foot detached garage. The motion passed by a vote of 6-1 with Board Member ECHELMEYER voting no and Board Member BROWN absent. Board of Adjustment Page 8 04/22/99 Chair MAURO advised the applicant that the variance was approved. Upon a motion by Board Member ABBOTT the following resolution was stated: (There was no second to this motion) Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-10 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- 10 be, and hereby is, approved. Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway for a detached garage for a property zoned Residential-Three. For the following reasons: 1. The existing 9-foot gate would need to be widened. 2. The gravel driveway currently exists and staff has not received any complaints regarding the use or condition of the driveway. 3. Installation of a hard surface driveway of this length would be costly and require the removal of nine existing trees and an existing sprinkler system. 4 Due to the 66-foot width of this property, a 20-foot driveway would cover one- third of the property. 5. A paved driveway could be considered out of character for this property. With the following condition: Twenty-five feet from the curb into the property shall be paved to a width of 9 feet. Board of Adjustment Page 9 04/22/99 2. Existing bushes at the driveway-street interface shall be trimmed to the 42-inch maximum height within the site triangle. Mr. Hinshaw stated that if he is required to pave 25 feet of the driveway he will not build the garage at all. Board Member ABBOTT explained that the reason he placed this condition because pavement is required to prevent gravel from being dragged into the street. Board Member HOWARD asked if the site triangle needed to be addressed in the motion because the fence is six inches above designated site triangle height. Mr. Hinshaw stated that the fence was approved by the city when he received his building permit three years ago. Mr. McCartney stated that the site triangle was reviewed at the time the building permit was issued and the fence would therefore be in compliance; however, the height of the shrubbery may have to be lowered. Board Member ECHELMEYER stated that he felt the applicant should be allowed to keep the entire length of the graveled driveway. Board Member ABBOTT withdrew his motion. Upon a motion by Board Member ECHELMEYER and second by Board Member THIESSEN, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-10 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- 10 be, and hereby is, approved. Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway for a detached garage for a property zoned Residential-Three. Board of Adjustment Page 10 04/22/99 For the following reasons: The existing 9-foot gate would need to be widened. 2. The gravel driveway currently exists and staff has not received any complaints regarding the use or condition of the driveway. Installation of a hard surface driveway of this length would be costly and require the removal of nine existing trees and an existing sprinkler system. 4. Due to the 66-foot width of this property, a 20-foot driveway would cover one- third of the property. A paved driveway could be considered out of character for this property. With the following condition: Existing bushes at the driveway-street interface shall be trimmed to the 42-inch maximum height for the site triangle. Board Member ABBOTT stated that he would vote against the motion for previously stated reasons. The motion failed by 4-3, with Board Members ABBOTT, HOWARD and HOVLAND voting no and Board Member BROWN absent. Upon a motion by Board Member ABBOTT and second by Board Member HOWARD, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-10 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- 10 be, and hereby is, approved. Board of Adjustment Page 11 04/22/99 Type of Variance: A variance to Section 26-30(N) that requires a hard surface driveway for a detached garage for a property zoned Residential-Three. For the following reasons: The existing 9-foot gate would need to be widened. 2. The gravel driveway currently exists and staff has not received any complaints regarding the use or condition of the driveway. 3. Installation of a hard surface driveway of this length would be costly and require removal of nine trees and an existing sprinkler system. 4. Due to the 66-foot width of this property, a 20-foot driveway would cover one- third of the property. 5. A paved driveway would be considered out of character for this property. With the following conditions: A minimum of fifteen feet from the curb into the property shall be paved to a width of 9 feet. 2. Existing bushes at the driveway street interface shall be trimmed to the 42-inch maximum height for the site triangle. In response to a request for clarification from Board Member ECHELMEYER, Mr. McCartney stated that the paving could consist of asphalt. The motion passed by a vote of 7-0, with Board Member BROWN absent. Chair MAURO advised the applicant that his request had been approved. 5. CLOSE THE PUBLIC HEARING Vice Chair ABBOTT declared the public hearing to be closed. 6. OLD BUSINESS There was no old business to discuss. Board of Adjustment 04/22/99 NEW BUSINESS A. Reorganization of the Board. Board Member HOWARD was elected to serve as Chairman of the Board of Adjustment. Board Member THIESSEN was elected to serve as Vice Chairman of the Board of Adjustment. B. Approval of Minutes of March 25. 1999. Board Member HOWARD moved and Board Member JUNKER seconded to approve the minutes of the March 25, 1999 Board of Adjustment meeting. The motion passed by a vote of 5-0 with Board Members HOVLAND and MAURO abstaining and Board Member BROWN absent. 8. ADJOURNMENT It was moved by Board Member HOWARD and seconded by Board Member THIESSEN to adjourn the meeting at 9:45 p.m. The motion passed by a vote of 7-0 with Board Member BROWN absent. 1NDA MAURO, Chair QZ) P1LA Ann Lazzeri, Secret C:\Barbua\B0A\1999mins\990422.wpd Board of Adjustment Page 13 04/22/99