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HomeMy WebLinkAbout07/22/1999ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting July 22, 1990 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on July 22, 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 (arrived at 7:35 p.m.) Linda Mauro Members Absent: Susan Junker (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 July 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 ECHELMEYER and seconded by Board Member BROWN that the agenda be approved as presented. The motion passed by a vote of 5-0 with Board Members HOVLAND, 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-99-19: An application by Forest and Barbara Daubenspeck for approval of an 11' front yard setback variance to the 30' front yard setback requirement to allow an existing carport to remain at 630 West 46th Avenue. Said property is zoned R-1C. (Board Member HOVLAND arrived at 7:35 p.m.) 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. He advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Chair HOWARD questioned the posting stating that it was not apparent when he drove by the subject property earlier in the day. Board Member ECHELMEYER commented that the notice was posted in the applicant's window which made it very difficult to see from the street. Following discussion regarding the location of such notices, Mr. McCartney advised the Board that he would remind appropriate staff members that applicants are to post their notices as close to the front property line as possible. Mr. McCartney continued his presentation and stated that the applicant was unaware of his need for a building permit before he began construction of the carport. A city building inspector noticed the construction and placed a stop-work order until the proper building permit was obtained. It was discovered at this time that a setback variance would also be required to allow the structure. Appropriate neighbors were notified of this hearing and no objections have been expressed to the city. In conclusion, Mr. McCartney advised the Board that staff recommended approval of the application because it will allow additional covered parking on a property that does not allow for much development opportunity. Further, the structure does not impair adequate supply of light and will not be a detriment to the public welfare. In response to a question from Board Member ECHELMEYER, Mr. McCartney replied that, should the variance be approved, the applicant would be required to obtain a building permit. Forest Daubenspeck 8630 West 46th Avenue Mr. Daubenspeck was sworn in by Chair HOWARD. He stated that his primary reason for building the carport was to protect his car from sap drippings that originate from his neighbor's trees. Board Member ECHELMEYER asked the applicant if he planned to enclose the carport at any time in the future. Mr. Daubenspeck replied that he did not have any plans to enclose the carport. Board member ECHELMEYER commented that he would vote in favor of the variance because he believed the subject carport presents an enhancement to the neighborhood. Upon a motion by Board Member ABBOTT and second by Board Member BROWN, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Board of Adjustment Minutes July 22, 1999 Whereas, Board of Adjustment Application Case No. WA-99-19 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 no protests registered against it; and Whereas, the relief applied for may 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- 19 be, and hereby is, approved. Type of Variance: A request for an 11-foot front yard setback variance to the 30-foot front yard setback requirement to allow an existing carport to remain at 8630 West 46th Avenue. For the following reasons: Approval of this request will allow for additional covered parking on a property which does not provide much area for development alternatives with a lot width of 60 feet. 2. As a structure open on three sides, approval of this request should not impair the adequate supply of light and air to adjacent properties. As a structure open on three sides, approval of this request should not alter the essential character of the locality. 4. The variance does not create any additional outside parking space beyond which currently exists. From an aesthetic standpoint, this structure blends well into the primary structure and setbacks are, in general, not uniform throughout this neighborhood. 6. It could be reasonably be argued that this carport presents an aesthetic improvement within the neighborhood. With the following conditions: The carport structure may never be enclosed without further review and approval by the Wheat Ridge Board of Adjustment. 2. This structure must meet all building code standards. Board of Adjustment Minutes July 22, 1999 - The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. Chair HOWARD informed the applicant that his request for variance had been granted. 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing to be closed. 6. OLD BUSINESS A. Joint Board of Adjustment/Planning Commission Study Session - Board Member ABBOTT asked if a date had been set for this meeting. Mr. McCartney stated that he was not aware that a date has been scheduled; however, information will be included in the Board's packet when a date is set. NEW BUSINESS A. Approval of Minutes of June 24. 1999 - Board Member MAURO requested an amendment to the last two paragraphs of page 8 as follows: THIESSEN should be replaced with MAURO. It was moved by Board Member HOVLAND and seconded by Board Member MAURO to approve the minutes as amended. The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. 8. ADJOURNMENT It was moved'by Board Member MAURO and seconded by Board Member ECHELMEYER to adjourn the meeting at 8:05 p.m. The motion passed by a vote of 6-0 with Board Members JUNKER and THIESSEN absent. o-t L BOB HOWARD, Chairman Board of Adjustment l~ Ann Lazzeri, Secr tai Board of Adjustment C9Bubua\B0A\ I999mins\990722.wpd Board of Adjustment Minutes Page 4 July 22, 1999