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HomeMy WebLinkAbout10/28/1999CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting October 28, 1999 ORIGINAL 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on October 28, 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 Bob Howard Paul Hovland (arrived at 7:50 p.m.) Susan Junker Linda Mauro Members Absent: Bill Echelmeyer Karen Thiessen Staff Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of October 28, 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 an item under New Business to discuss a date for the December Board of Adjustment Meeting. Alan White requested an item under New Business to discuss a joint Planning Commission/Board of Adjustment meeting. 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 10/28/99 5. PUBLIC HEARING A. Case No. WA-99-22: An application submitted by Robert Alldredge for approval of a 17-foot side yard variance from the 30-foot side yard setback requirement for property zoned Residential-One and located at 2890 Lamar Street. This case was presented by Meredith Reckert. She 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. She advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. Robert Alldredge 2890 Lamar Mr. Alldredge was sworn in by Chair HOWARD. He read the following letter into the record. This letter, dated 9-23-99, was written by Edward Lightner, 2895 Lamar (the neighbor directly across the street) "Dear Members of the Planning Division: In regard to Case No. WA-99-22 which is a request for approval of a 15 foot side yard variance from the 30 foot side yard setback requirement for property located at 2890 Lamar Street. The writer of this letter owns 2895 Lamar, the property directly west of the above mentioned property, and also 2801 Lamar, the property southwest of the 2890 Alldredge property. My wife, Lani, and I have no objections to the proposed variance. The Alldredge's property is well maintained and we feel confident that any addition will reflect good architectural taste. In conclusion, the variance will provide for easy access to the garage, and we understand the desire for this variance. " Mr. Alldredge explained that Mr. Lightner's reference to a 15-foot variance was due to an error made in the original publication of the request which has necessitated reposting and republication for the hearing tonight. Mr. Lightner indicated he has no opposition to the additional two feet. Mr. Alldredge stated that when he purchased the property, there were two nonconforming structures on the property which he plans to remove if the variance is approved. Board Member ABBOTT asked the applicant if he had contacted the church next door regarding his application. Mr. Alldredge replied that he did not personally contact them; however, the property has been posted and the church has not responded. In response to a question from Chair HOWARD, Mr. Alldredge stated that he is not sure what the height of the garage will be; however, it will be a standard height and the roof line will be the same pitch as the house. (Board Member HOVLAND arrived at 7:50 p.m.) Board of Adjustment Page 2 10/28/99 Chair HOWARD asked the size of the garage. Mr. Alldredge replied that it will be 624 square feet. It was the consensus of the Board that Board Member HOVLAND should abstain from voting on this matter because he was not present for the entire presentation. Board Member MAURO commented that removal of the two existing nonconforming structures and replacing them with a garage will be an aesthetic improvement. The garage will be also be less noticeable due to the drop in grade. Meredith Reckert stated that staff has received no negative comments regarding this application. 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 Whereas, Board of Adjustment Application Case No. WA-99-22 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- 22 be, and hereby is, approved. Type of Variance: A 17-foot side yard variance from the 30-foot side yard setback requirement. For the following reasons: 1. There are unique circumstances: a) Shifting the structure south would create an impractical driveway entrance. b) The applicant will be replacing two existing nonconforming structures. 2. There will be visual buffering, including vegetation and a grade change for the properties most impacted. Board of Adjustment Page 3 10/28/99 3. There will no negative effect on the public safety and welfare. 4. Placement elsewhere on the property will require removal of existing mature trees. 5. This variance should create a benefit to the neighborhood. 6. A letter of support was given by the neighbor across the street on Lamar. With the following conditions: 1. The roof structure will include dormers which will match the house and face west as was presented to the Board. All portions of the existing shed and carport will be removed. This variance does not set a precedent for expansion of further structures. The motion passed by a vote of 5-0 with Board Member HOVLAND abstaining, and Board Members THIESSEN and ECHELMEYER absent. Chair HOWARD informed the applicant that his request for variance had been granted. B. Case No. WA-99-24: An application submitted by Stanley Dyck for approval of a 192 square-foot maximum detached garage variance from the 600 square-foot maximum detached garage requirement for the purpose of building a 792 square-foot garage for property zoned Residential-One C and located at 3159 Depew Street. This case was presented by Meredith Reckert. She 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. She advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. Board Member MAURO commented that the sign was difficult to see from the street. Stanley Dyck 3159 Depew Street Mr. Dyck was sworn in by Chair HOWARD. He stated that the garage is planned to be architecturally consistent with the house and that the existing shed will be removed. None of the neighbors has expressed opposition to the application for variance. Board of Adjustment Page 4 10/28/99 Board Member BROWN inquired about the recreation area space planned for the garage. Mr. Dyck explained that the pitch of the roof and dormers will allow for a second floor which will be used for recreational space. Meredith Reckert noted a correction to her earlier presentation. There is a ten-foot setback from the proposed garage to the rear property line rather than a five-foot setback. Chair HOWARD asked the applicant if he would consider moving the garage in 15 feet rather than 10 feet. Mr. Dyck replied that he would rather not move the garage any further into his yard. In response to questions from Board Member ABBOTT, Mr. Dyck replied that the proposed garage will be a two-story structure with dormer windows and a pitch roof that will conform to the house. The garage will be constructed of brick to match the house. 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-99-24 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- 24 be, and hereby is, approved. Type of Variance: A 192 square-foot maximum detached garage variance from the 600 square-foot maximum detached garage requirement. For the following reasons: 1. There are unique circumstances due to the existing garage converted to living space in the 1960's and due to the oversized lot. Proportionally, a 600 square-foot garage on a normal size Rl-C lot would result in 12% coverage. A 792 square- foot garage on a 9,375 square-foot lot results in a 8.4% coverage. Overall coverage by buildings, house, new garage and converted garage would be 24%. The maximum allowed coverage by buildings is 40%. Board of Adjustment Page 5 10/28/99 2. There will be no negative impact on the public safety and welfare. There will be no negative impact on the character of the neighborhood. The side yard setback will actually exceed the requirement. 4. The variance should result in a benefit to the neighborhood. 5. Letters of support for the variance have been received from several neighbors. 6. Other garages in this block exist without benefit of setback from said alley. With the following conditions: The. existing storage shed shall be removed from the property. 2. The structure shall include design features as presented to the Board. The motion passed by a vote of 6-0 with and Board Members THIESSEN and ECHELMEYER absent. Chair HOWARD informed the applicant that his request for variance had been granted. C. Case No. WA -99-25: An application submitted by Derek Drummond for a 10-foot side yard setback from the 15-foot side yard setback requirement for the purpose of building a two-car garage for property zoned Agricultural-One and located at 4440 Independence Street. This case was presented by Meredith Reckert. She 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. She advised that all notification and posting requirements had been met and the Board had jurisdiction to hear the case. Staff recommended approval for reasons outlined in the staff report. Derek Drummond 4440 Independence Street Mr. Drummond was sworn in by Chair HOWARD. He stated that his property is surrounded on two sides by commercial properties, one adjacent neighbor to the north, and apartments across the street. His plan is to expand his one car-garage to a two-car garage with room over for additional living space. He stated his neighbor to the north is in favor of the application. In response to a question from Board Member ABBOTT, Mr. Drummond explained that the planned addition would extend an additional 16.5 feet from the existing one-car Board of Adjustment Page 6 10/28/99 garage and would be 19.5 feet from front to back. If the garage were smaller, it would create a problem with the stairway, etc. to the living area above the garage. Board Member HOVLAND requested to see a drawing of the planned project. Mr. Drummond submitted a computer generated drawing of the addition which will be made a part of the official record. Board Member MAURO commended the applicant for posting the signs where they are very visible from the street. In response to a question from the Board, Ms. Reckert replied that staff has received no negative comments regarding this application. 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 Whereas, Board of Adjustment Application Case No. WA-99-25 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- 25 be, and hereby is, approved. Type of Variance: A 10-foot side yard setback from the 15-foot side yard setback requirement for the purpose of building a two-car garage with living space above. 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. 2. There should be no negative impact on the neighborhood, public welfare or character of the area. There are unique circumstances: a) A substandard lot size and lot width. Board of Adjustment Page 7 10/28/99 b) The varied setback immediately abuts an auto body shop/storage yard. 4. The setback need is predicated more upon the functionality of the second floor living space rather than the garage floor below. With the Following Conditions: 1. The first 25 feet of the driveway be paved with the garage construction. The garage will architecturally complement the existing house so as to not alter the general character of the neighborhood as described to the Board. The remaining 5 foot setback to the south shall be maintained and shall not be used for storage. Chair HOWARD asked for clarification of the paving requirement stated in the first condition. Ms. Reckert explained that the paving will consist of either concrete or asphalt. The paving would extend from the street toward the garage. The motion carried by a vote of 6-0 with Board Members ECHELMEYER and THIESSEN absent. Chair HOWARD advised the applicant that his variance was granted. 6. OLD BUSINESS A. Group Homes for Sex Offenders - Meredith Reckert stated that she has not yet researched this matter. This project will be assigned to the new planner, Mary Austin, who will begin her employment on November 15. 7. NEW BUSINESS A. Reschedule November and December Board Meetings - There was a consensus of the Board to meet on December 9, 1999. This meeting will serve to combine the November and December meetings. B. Joint Meeting with Planning Commission - Alan White suggested a dinner meeting with the Board of Adjustment and Planning Commission. This meeting has been requested by the Planning Commission to discuss temporary uses. Following discussion, there was a consensus of the Board that a joint meeting is not necessary. C. Minutes of September 12, 1999 Board Member MAURO requested that "Commissioner" be changed to "Board Member" in all appropriate areas of the minutes. Board of Adjustment Page 8 10/28/99 It was moved by Board Member RJNKER and seconded by Board Member MAURO to approve the minutes as amended. The motion carried unanimously. 8. ADJOURNMENT It was moved by Board Member HOVLAND and seconded by Board Member NNKER to adjourn the meeting at 9:15 p.m. The motion carried unanimously. BOB OW , Chairman Ann Lazzeri, Secretary Board of Adjustment Board of Adjustment Board of Adjustment Page 10/28/99