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HomeMy WebLinkAbout09/23/1999CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting September 23, 1999 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on September 23, 1999, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Staff Present: Tom Abbott Michelle Brown Bill Echelmeyer Bob Howard Paul Hovland Susan Junker Linda Mauro Karen Thiessen Meredith Reckert, Senior Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of September 23, 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 Meredith Reckert requested that Case No. WA-99-22 be removed from the agenda because of an error in publication and posting. The case will be republished and posted to be heard on Ociober 28, 1999. There was a consensus of the Board members to remove Case No. WA-99-22 from the agenda. 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-99-21: This case was presented by Meredith Reckert. She reviewed the staff report and entered all pertinent documents into the record. She presented slides and overheads of the subject property and advised the Board that there was jurisdiction to hear the case. The Board of Adjustment Page 1 09/23/99 ten criteria used in evaluating variance requests were reviewed. Because this situation is a pre- existing condition which should not negatively affect the character of the area, staff recommended approval of the application. Chair HOWARD asked if the driveway is located in a flood zone. Meredith Reckert replied that there may be a very small portion of the driveway which is located in the flood plain; however, the garage and most of the driveway are not. The public works department indicated no concern after reviewing the plan. Susan Hateliff 4200 Iris Court Susan Hatcliff, the applicant, was sworn by Chair HOWARD. In response to a question from Commissioner THIESSEN, Ms. Hatcliff stated that she has no plans to place any additional gravel in her driveway. Commissioner ECHELMEYER asked the applicant how long the present surface has been in place. Ms. Hatcliff stated that the present surface was in place when they purchased the property in 1991. She also stated that she sees very little surface material tracking into the street because the driveway is very well drained. Commissioner ECHELMEYER produced a sample of the driveway surface that he collected from the street in front of the driveway. In response to his question about the type of surface material, Ms. Hatcliff replied that she did not know what the material was. Chair HOWARD asked the applicant for an estimate of the number of cars that drive on 42nd Avenue during an average day. Ms. Hatcliff replied that approximately six cars use this street on a daily basis. Commissioner ECHELMEYER expressed concern about the material used to surface the driveway and preferred to see the driveway surfaced with gravel. Chair HOWARD asked if there were any individuals present in the audience who wished to address this matter. There was no response. Upon a motion by Board Member ABBOTT and second by Board Member .IUNKER, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-99-21 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 Board of Adjustment Page 2 09/23/99 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-99-21 be, and hereby is, approved. Type of Variance: A request for a variance to Section 26-30(N) of the Wheat Ridge code of laws, which requires the placement of pavement for the first 25 feet of a residential driveway. For the following reasons: 1. The neighborhood is inconsistent relative to the existence of curb, gutter and sidewalk and driveway paving. 2. Approval of this request will not be detrimental to the public welfare and is compatible with the essential character of the neighborhood. There has always been a gravel driveway on this property. 4. Complaints have not been taken regarding the tracking of debris onto 42nd Avenue and/or Iris Street. With the following condition: The interface between the street and the driveway be hard surfaced (asphalt or concrete) for 8 feet from the street due to the type of material used on existing driveway with visible evidence that material does get into the street on 42nd. Commissioner THIESSEN stated that she would support the motion because the present material in the driveway appears to be more like dirt than gravel. She also stated that an alternative of replacing the entire driveway with gravel would be acceptable. Commissioner HOVLAND offered an amendment to change the condition of approval to allow the applicant the choice of paving the first 8 feet or replacing her entire driveway with a gravel surface, the type and quantity of which is acceptable to the public works department. (He mentioned that it is very difficult to locate an asphalt company who is willing to do a small job, such as an 8-foot strip.) The amendment was acceptable to Commissioners ABBOTT and JUNKER. The motion passed by a vote of 8-0. Chair HOWARD informed the applicant that her request for variance had been granted. Board of Adjustment Page 3 09/23/99 5. CLOSE THE PUBLIC HEARING Chair HOWARD declared the public hearing to be closed. 6. OLD BUSINESS There was no old business to come before the Commission. NEW BUSINESS A. Group Homes for Sex Offenders - Commissioner ECHELMEYER suggested asking the City Council to pass an ordinance defining guidelines for these types of homes. Meredith Reckert stated that she would discuss with the city attorney what procedures, if any, the City uses to track residency of sex offenders within the city limits, as well as how sex offenders are handled if they are located within one of the currently allowed group homes. Meredith will report back to the Board. B. Approval of Minutes - It was moved by Commissioner MAURO and seconded by Commissioner HOVLAND that the minutes of July 22, 1999 be approved as presented. The motion passed by a vote of 8-0. 8. ADJOURNMENT It was moved by Board Member JUNKER and seconded by Board Member BROWN to adjourn the meeting at 8:05 p.m. The motion passed by a vote of 8-0. ~ ~ 1-.._c Yet, BOB HOWARD, Chairman Ann Lazzeri, Secretary Board of Adjustment 69/23/99 Page 4