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HomeMy WebLinkAbout05/27/1999ORIGINAL. CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting May 27,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on May 27, 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 Paul Hovland Linda Mauro Members Absent: Susan Junket, excused Karen Thiessen, excused Staff Present: Sean McCartney, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of May 27, 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 HOVLAND and seconded by Board Member ABBOTT that the order of the agenda be approved. The motion passed by a vote of 6-0 with Board Members JUNKER and 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. 5. PUBLIC HEARING A. Case No. WA-99-13: An application by Tall Timbers Construction for approval of a 3-foot lot width variance to the 75-foot minimum lot width requirement and a 720 square-foot lot Board of Adjustment Page 1 05/27/99 area variance to the 9000 square-foot minimum lot area requirement to allow construction of a new residence at 12425 West 29th Avenue. Said property is zoned R-2. This case was presented by Sean McCartney. He reviewed the staff report, presented slides and overheads of the subject property and answered the ten criteria involved in granting a variance. All pertinent documents were entered into the record by Mr. McCartney. He stated that this matter was originally considered as an administrative variance; however, since letters of opposition to this case were received by the city, it is necessary to bring the matter before the Board of Adjustment. Because the only hindrance prohibiting the applicant from legally constructing a single-family dwelling on lot 15 is the presence of the existing patio, and since there is no evidence of hardship or unique circumstances attributed to the request, the staff recommendation is for denial. Board Member HOVLAND expressed concern that the existing house on lot 16 does not meet current rear setback requirements. Mr. McCartney explained that this is a legal nonconforming situation. In answer to a question from Board Member ABBOTT, Mr. McCartney replied that lots 15 and 16 were never consolidated into one lot. Louis Bruno 27553 Mountain Brook Drive, Conifer Mr. Bruno stated that he and Henry Fisk (who was also present) are partners of Tall Timbers Construction and are the present owners of lots 15 and 16. He stated that they purchased the subject property in March of this year and plan to sell lot 15 for the purpose of building a single family dwelling consistent with R-2 zoning. He explained that when the current house was built thirty years ago, it was placed 5" 8" from the rear property line which did not conform to current setback requirements. He stated there would have been no problem if the house had been built to face onto 29th Avenue instead of Ward Court. Although the house could be built on lot 15 without a variance, the setback on lot 16 would become immediately apparent as an error that happened thirty years ago. The 3-foot variance would create a 12-foot setback and would bring lot 16 into conformance with setback requirements. He stated that there is an individual who is interested in building a house on lot 15 that would face 29th Avenue. He commented that the request for variance is an attempt to correct the error created thirty years ago in reconstructing the rear setbacks so that lot 15 could be used for its intended purpose. He did not agree that Tall Timbers Construction created the hardship because the house and patio were there before the property was purchased. He assured the Board that if the variance were to be granted, he would remove the patio and reconstruct a smaller one. He stated that he wanted to bring both lots into conformance with the general character of the neighborhood and that, if a house is built on lot 15 without the variance being approved, lot 16 would become the only house in the neighborhood with an immediately apparent nonconforming setback. Board of Adjustment Page 2 05/27/99 Board Member ECHELMEYER disagreed that an error occurred when the house was originally built. Because the builder owned both lots, she probably planned on using lot 15 as a large back yard. Mr. Bruno stated that lot 15 remained a buildable lot because it was never consolidated into one lot with lot 16. Board Member ECHELMEYER asked for clarification on the selling price of the house and lot 15. Mr. Bruno stated that the house on lot 16 is listed at $195,000, and that the house, including lot 15, is listed at $210,000. He said they were willing to sell the house with lot 15 for the price of $210,000 because they wouldn't have to go to the expense of removing the concrete patio. He also informed the Board that he has received an offer of $27,500 for lot 15. Albert Rich 2960 Wright Street Mr. Rich was sworn in by Chair HOWARD. He stated his opposition to the variance. He expressed concern that a structure on lot 15 would block his view and increase congestion and traffic in the neighborhood. Les Roberts 12485 West 29th Avenue Mr. Roberts was sworn in by Chair HOWARD. He stated his opposition to the variance. He expressed concern about a house being constructed in such a small area. He was also opposed to the removal of trees and other vegetation which would be necessary to accommodate construction of a house on lot 15. Kathi Dunbar 12525 West 29th Avenue Ms. Dunbar was sworn in by Chair HOWARD. She stated her opposition to the variance. She and her husband purchased their home in this area because of the space between houses and they don't want to see houses squeezed together in the neighborhood. Doug Dunbar 12525 West 29th Avenue Mr. Dunbar stated that his concerns had been addressed. Kim Johnson 12515 West 29th Avenue Ms. Johnson was sworn in by Chair HOWARD. She expressed opposition to the variance. She objected to building a house on such a small lot. Board of Adjustment Page 3 05/27/99 Bill Horner 12500 West 29th Avenue Mr. Horner stated that his concerns had already been addressed. Board Member ECHELMEYER stated that he would vote would against the variance because the neighborhood presently has homes with large expanses of yard and also because the developers will not be living in the area. Board Member ABBOTT asked if there were other nonconforming lots in the general area. Mr. McCartney replied that staff found no evidence of nonconformity of lot width or lot area. They found one legally approved variance for a front yard setback. 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-99-13 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 in recognition that there were 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-99-13 be, and hereby is, denied. Type of Variance: A 3-foot lot width variance to the 75-foot lot width requirement and a 720 square-foot lot area variance to the 9,000 square-foot lot area requirement. For the following reasons: If the existing patio on lot 16 is reduced in size, a single family dwelling can legally be constructed on lot 15 without need of a variance. 2. The hardship argued by the applicant is self-imposed and occurred will full knowledge and forethought. 3. Several adjacent neighbors have protested the appeal. Board of Adjustment Page 4 05/27/99 4. There are no apparent variances of this nature within the immediate neighborhood. The motion for denial passed by a vote of 6-0 with Board Member JUNKER and THIESSEN absent. Chair HOWARD advised the applicant that the request for variance was denied. B. Case No. WA-99-14: An application by Sandra Thompson for approval of a 5.47% variance from the 25% maximum lot coverage requirement thereby increasing lot coverage to 30.47% in order to construct a home meeting the handicapped space requirements. The property is located at 3231 Oak Street and zoned R-1 and is owned by Jim and Kathryne Gault. The case was presented by Sean McCartney. He distributed copies of information to members of the Board concerning the owner's medical disabilities and VA requirements for house construction. 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. Mr. McCartney explained that the applicant did receive an administrative variance to allow for a 3,474 square-foot lot coverage. The difference between the administrative variance and the proposed request is 368 feet which could be addressed with minor changes to the proposed floor plan and, therefore, staff recommended denial of the request. Sandra Thompson 3319 Raleigh Street, Denver Ms. Thompson, architect for Mr. and Mrs. Gault, was sworn in by Chair HOWARD. She stated that the house was designed to meet the needs of Mr. Gault, who is handicapped. She reviewed the floor plan for the proposed dwelling. The floor plan meets the requirements for VA assistance such as wider hallways, larger bathrooms and handicapped access to the home. She explained that when she originally submitted the plans and requested an administrative variance, there was an error in the actual lot coverage. The lot has since been surveyed to determine the correct lot coverage. She noted that there are other houses in the neighborhood that have received variances for physical disability accommodation. Board Member ABBOTT asked if there would be significant reduction in the square footage of the house if the plans included normal sized hallways, bathrooms, etc. Ms. Thompson replied that there would be no need for a variance in that case because there would be approximately 35% less space in terms of circulation. She noted that the 2-1/2 car garage also reduces the lot coverage. Board of Adjustment Page 5 05/27/99 Kathryne Gault 2870 Wright Court Ms. Gault was sworn in by Chair HOWARD. She stated that the proposed house is designed to meet the needs of her husband's disability and allow her to care for him at home. She explained that, because her husband has a 100% disability, he is entitled to a grant from the VA toward construction of a house that has handicapped features. 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-99-14 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-99-14 be, and hereby is, approved. Type of Variance: A 5.47% variance from the 25% maximum lot coverage requirement thereby increasing lot coverage to 30.47% in order to construct a home meeting the handicapped space requirements. For the Following Reasons: Approval of this request should not alter the essential character of the locality. As a one-story design, the visual effect of this oversized dwelling upon the neighborhood would be minimized in comparison to the very tall two-story houses most common to this neighborhood. Also, a two-car garage in a three-car garage neighborhood was designed as a further accommodation to reduce the overall floor plate. Approval of this request would accommodate a person with a handicap. As an accommodation under the Department of Veteran's Affairs building guidelines, several building features such as doorways, hallways, garages and bathrooms must be oversized beyond normal dimensions. Therefore, a dwelling with an enlarged floor plate can result. Significant efforts have been made by the architect to minimize the floor plate including designing the exterior ramp structure to blend architecturally into the dwelling front elevation. Board of Adjustment Page 6 05/27/99 The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. Chair HOWARD informed the applicant that the variance request had been approved. (Chair HOWARD declared a brief recess at 9:05 p.m. The meeting was reconvened at 9:10 P.M-) C. Case No. TUP 99-03 - An application by Sandra Thompson for approval of a temporary use permit to allow recreational vehicle sales on land with C-1 zoning: Restricted Use: RV's and boat storage only. Said property is located at 11808 West 44th Avenue. The case was presented by Sean McCartney. He distributed copies of the site plan to Board members. He reviewed the staff report, presented slides and overhead projections of the subject property; and answered the criteria used in considering a temporary use permit. All pertinent documents were entered into the record. In conclusion, he stated that staff's recommendation was for approval of the temporary use permit for a period of one year. In response to a question from Chair HOWARD, Mr. McCartney explained that approval of the TUP would allow sales on parcel B which presently allows storage only. Board Member ECHELMEYER asked if there had been any problems with odor from the detention pond on the area. Mr. McCartney replied that the city has not received any complaints in this regard. Board Member ABBOTT asked for clarification regarding lighting on the property. Mr. McCartney explained that lighting on the property would remain unchanged. He also noted that the city has not received any complaints concerning the current lighting. Sandra Thompson 3319 Raleigh Street, Denver Ms. Thompson, architect for the owner, was sworn in by Chair HOWARD. She stated that Mr. Sach, the owner, wanted to change the zoning on parcel B to allow for RV sales. Although the neighbors have no problem with Mr. Sach's business, they were opposed to the rezone because they were concerned about what could happen to the land with future owners. In order to allow for RV sales on the parcel B portion of his lot, he is requesting a TUP. Storage would also continue on a portion of parcel B. Harry Sach 11808 West 44th Avenue Mr. Sach, owner of the subject property, was sworn in by Chair HOWARD. He stated that parcel B is presently used for storage and he is requesting the TUP to allow sales on a portion of this parcel. Board of Adjustment Page 7 05/27/99 Board Member ECHELMEYER's asked if Mr. Sach planned to pave the entire parking lot if parcel B is rezoned. Mr. Sach explained that the present surface is a permeable surface and that he would prefer to leave it that way. He stated that, due to the expense involved, he has no future plans to pave the entire parcel. Board Member ECHELMEYER asked for clarification regarding fencing requirements. Mr. McCartney explained, that there are no additional fencing requirements associated with the variance. 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. TUP 99-03 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. TUP 99-03 be, and hereby is, approved. Type of Temporary Use Permit: To allow sales of recreational vehicles on a property zoned Commercial-One. For the following reasons: The Board finds that, based upon all evidence presented as well as the Board's conclusions relative to the five specific criteria to justify the temporary use permit, the evidence and facts in this case do support the granting of the temporary use permit. 2. Approval of this request would not appear to be detrimental to the public's welfare. 3. The property is currently being used for RV storage for the adjacent RV sales to the north and will, therefore, virtually remain unchanged. Board of Adjustment Page 8 05/27/99 4. The applicant will comply with all of the setback requirements and will provide for adequate parking areas. Traffic circulation within the property has been improved from the historical layout. With the following conditions: The storage lot and sales lot shall remain a water permeable surface to allow for adequate drainage. 2. No additional exterior lighting shall be permitted with this TUP. 3. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. 4. The TUP shall be valid for one year. 5. Landscaping, to city standards, shall be provided as shown on the site plan presented at the hearing for parcels A, B and C and shall be installed within thirty days. 6. The applicant shall pursue a permanent rezoning prior to any subsequent TUP applications for this particular variance. Board Member ECHELMEYER expressed concern that thirty days may be unreasonable for planting as some of the plants could be lost due to the hot weather. Board Member ABBOTT amended condition no. 5 of the motion as follows: There should be a period after "C" and the words "and shall be installed within thirty days" should be deleted. The following sentence should be added: "The City will have discretion as to the planting cycle if the landscaper can demonstrate the ill advice of planting a particular species at this time of year. Planting shall be done in conjunction with the city forester." The amendment was agreeable to Board Member HOVLAND The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. Chair HOWARD advised the applicant that the temporary use permit for a period of one year was approved. 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing to be closed. Board of Adjustment Page 9 05/27/99 6. 7, OLD BUSINESS A. Case No. TUP 99-01. Board Member MAURO asked the status of the sound enclosure for the trailer associated with the temporary bedding plant and produce business at 10590 West 44th Avenue. Mr. McCartney stated that the staff would check into the matter. NEW BUSINESS A. DRCOG Board of Adjustment Trainin¢ Sean McCartney announced the DRCOG Board of Adjustment Training to beheld at the Arvada Center on June 19, 1999. B. Approval of Minutes of April 22.1999 Board Member MAURO requested a correction to page 12 of the minutes under item 5. The minutes should read "Chair MAURO" instead of "Vice Chair ABBOTT." Board Member HOVLAND requested a correction to the fifth line of the sixth paragraph on page 3 to read: "should not cause drainage problems." 8. ADJOURNMENT It was moved by Board Member ECHELMEYER and seconded by Board Member HOVLAND to adjourn the meeting at 10:00 p.m. The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. BOB HOWARD, Chair Board of Adjustment' Ann Lazzeri, Secretary Board of Adjustment UBffib3 \BOA\I999mins\990527.wpd Board of Adjustment Page 10 05/27/99