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HomeMy WebLinkAbout12/09/1999ORIGINAL CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting December 9,1999 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair HOWARD at 7:30 p.m. on December 9, 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 Karen Thiessen Members Absent: Susan Junker Staff Present: Alan White, Planning Director Meredith Reckert, Sr. Planner Mary Austin, Planner Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of December 9, 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 Alan White reminded the Board that it is time for election of officers to take place. It was the consensus of the Board to postpone the election to a later date. 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-99-27: An application submitted by Jim Pieters for a 10.6' side yard setback variance from the 30' side yard setback requirement along Owens Street reducing the setback to 19.4' allowing for a 4-unit town home for property zoned Residential- Three and located at 10960 West 45th Avenue. This case was presented by Mary Austin. 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 there was jurisdiction for the Board to hear the case. Staff recommended approval for reasons outlined in the staff report. Following brief discussion, the applicant appeared before the Board. Jim Pieters 9741 Newton Street, Westminster Mr. Pieters was sworn by Chair HOWARD. Board Member ABBOTT asked if the applicant had considered building a three-plex which would eliminate the need for a variance. Mr. Pieters replied that three-plex would not be economically feasible for him. He also noted that the house next door is built on an eight-foot setback. He felt this project would afford the best possible use for this piece of land. 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-99-27 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- 27 be, and hereby is, approved. Type of Variance: A 10-foot, 6-inch side yard setback variance from the 30-foot side yard setback requirement when adjacent to a street producing the setback along the eastern side of the property to 19 feet, 4 inches, allowing for a 4-unit town home. Board of Adjustment Page 2 December 9, 1999 For the following reasons: Because of the way in which Owens Street was vacated, an irregular shaped lot was created. By retaining the southern 40 feet of Owens Street as a turn-around for emergency vehicles, a situation of two different setback requirements along the eastern property line has resulted. In the absence of this anomalous remainder of Owens Street, no variance would be required for the design as submitted. 2. Since the small part of Owens Street right-of-way is not used as a public roadway but only functions as a turn-around space for emergency vehicles, approval of this request would not be detrimental to the public welfare. 3. Approval of the request will not impair the adequate supply of light and air to adjacent properties or endanger the public safety. 4. Only an approximate 10-foot by 30-foot section of the southeast corner of the impacting fourth unit encroaches into the 30-foot required setback. The balance of this structure facing this eastern property line is in compliance with the required setback. With the following condition: This variance shall apply only to the design as presented to the Board at the December 9, 1999 meeting (i.e., no extension of approved variance). The motion passed by a vote of 7-0 with Board Member JUNKIER absent. Chair HOWARD informed the applicant that his request for variance had been granted. B. Case No. TUP-99-05: An application submitted by Medved Chevrolet for approval of temporary storage and parking of vehicles with a temporary testing/demonstration area for vehicles being sold at the Medved Autoplex for property zoned Commercial-One and Agricultural-One and located at 4950 Parfet. This case was presented by Meredith Reckert. She reviewed the staff report, presented slides and overheads of the subject property and answered the criteria involved in granting a temporary use permit. 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 denial of the application for reasons outlined in the staff report. Board of Adjustment Page 3 December 9, 1999 Board Member ECHELMEYER expressed concern that the proposed plan would be in opposition to previous Council direction that this area not become a "West Colfax" in regard to the standard for separation of adjacent car lots. Board Member BROWN stated that she would prefer the proposed area be used only for storage of new cars which would have less chance of leaking oil. She also felt that even if such a condition were imposed, it would be extremely difficult to monitor. Board Member MAURO expressed concern about parking cars on dry grass which could constitute a fire hazard. Meredith Reckert stated that the Arvada Fire Department did not have a concern with the situation. Board Member HOWARD asked if the Army Corps of Engineers had determined that this area is not a wetlands area. Ms. Reckert replied that the Corps of Engineers had not been involved to this point. Dennis Polk 1667 Cole Boulevard, Golden Mr. Polk, attorney for the applicant, was sworn by Chair HOWARD. He stated that his client's business was welcomed to the city in 1984 and has been regarded as an excellent corporate citizen. He took exception to the staff report which stated there would be no economic benefit to the City. The Hummer dealership is the only one of its kind in a ten- state region. People who purchase these vehicles also purchase parts and repairs which generates substantial sales tax for the City of Wheat Ridge. He stated that the City has not offered proof regarding ground contamination and that the applicant does not want to contaminate his own ground or ground water. In regard to the reason for this request, Mr. Polk stated that dealers are required to maintain large inventories and that this storage situation would be temporary only until a new building can be constructed.. He stated that his client does not want to produce a West Colfax image. He noted that alleviating the pressure of inventory storage would ease the parking issues on Parfet. He informed the Board that the residential structure on the property is occupied by Mr. Medved's ranch hand and has never been used as an office. There is no commercial use intended for this residence. Mr. Polk did not feel the city should act as an intermediary for ditch companies who no longer use their lateral ditches but complain when someone wants to pipe them. He asked the Board to divide the parking issue from the test track issue. In conclusion, he stated that this was not a land use issue, but an entitlement issue and requested approval of the request. Board Member BROWN asked about the surface of the storage area. Mr. Polk said they would put down crushed gravel. In response to her questions about possible wetlands, Board of Adjustment Page 4 December 9, 1999 Mr. Polk stated that a Phase I and Phase II environmental impact studies have been done which has assured the applicant that there are no designated wetlands in this area. Board Member BROWN expressed concern about the location of this storage area when their new building is constructed. She also asked how many cars would be stored in this area. Mr. Polk estimated approximately 900 vehicles would be kept there. John Medved 1334 Grapevine Road, Golden Mr. Medved was sworn by Chair HOWARD. He stated that he has tried to be a good neighbor in Wheat Ridge for twelve years. He also noted that every time the dealership secures a mortgage, the lender requires environmental impact studies to be completed before granting a mortgage. In response to a question from Board Member BROWN, Mr. Medved stated there would probably be 300 to 450 cars stored in the area of which 70% would be new vehicles. He stated that he would be willing to eliminate the test track if necessary to meet his need for inventory storage. Board Member ABBOTT expressed concern about the scope of the request which involves eleven acres and indicted that he would like to see more documentation regarding this project before any decision is made. Dennis Polk responded that his client met all the city's criteria for documentation for a TUP application. Board Member BROWN expressed concern with any development such as placing crushed rock on a temporary use permit. She felt that vehicle demonstration would have to be restricted because of the ditches and soil erosion. She would only be comfortable with new cars being parked above the ditch. John Medved stated that he would be agreeable to parking only new car inventory in the area and that he only needs the TUP for a year. In response to questions from Chair HOWARD, Mr. Polk said there is no site plan developed at this time, but architects and designers are working on it. Chuck Steismeier 4996 Parfet Mr. Steismeier was sworn by Chair HOWARD. He stated his opposition to the application and expressed concern about security issues associated with cars being stored in the proposed area which would allow more convenient access to thieves. He felt the security of his house would also be compromised because of the close proximity to the Board of Adjustment Page 5 December 9, 1999 car storage area. He was also concerned with environmental issues associated with the project. He also stated that the residential structure has never been used for an office. He expressed concern about the test track going through ditches on the property which results in muddy water coming to his property. ECHELMEYER expressed concern that a TUP would probably have to be extended for more than a year and stated that he would also prefer to see a more complete plan before any decisions are made. Board member THIESSEN expressed concern regarding the intent of the code which prohibits car dealers from building next to each other. She also felt there was not sufficient documentation regarding possible impacts. 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-99-05 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 was a protest 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. TUP-99- 05 be, and hereby is, denied. Type of TUP Temporary use permit to allow inventory storage and vehicle testing. For the following reasons: 1. Staff report has indicated that the Wheat Ridge economic development specialist has commented that the vehicle testing area would not benefit the city either visually or economically. This individual does not support the use of the south half of the property as a testing area. Staff concludes that since the site plan requirement was placed on the rezoning approval, granting of the temporary use may circumvent the authority of the Planning Commission and City Council. Board of Adjustment Page 6 December 9, 1999 3. Due to the scope of this proposal, its uses and size, the proposal is insubstantial in significant areas necessary to allow the Board to make a sufficiently educated decision. For example: a) No approval of impacted irrigation ditch companies. b) No written management plan. C) No drainage plan. d) No written fire hazard abatement plan describing mowing, fire department access, etc. e) No analysis of impact to public roadways including traffic flow, parking and access. f) Inadequate consideration to impact upon the neighborhood; i.e., landscaping, fencing, lighting, sound abatement, pollution and other health, welfare and aesthetic impacts. The motion passed by a vote of 6-1 with and Chair HOWARD voting no and Board Member .1 LINKER absent. Chair HOWARD informed the applicant that his request for a temporary use permit had been denied. (Chair HOWARD declared a recess at 9:40 p.m. The meeting reconvened at 9:50 p.m.) C. Case No. TUP-99-06: An application submitted by John Elway Auto Nation for an extension of TUP-98-08 allowing for employee and service vehicle parking on the south side of the current Friendly Ford facility zoned PCD and located at 3601 Wadsworth Boulevard. This case was presented by Alan White. He reviewed the staff report, presented overheads of the subject property and answered the criteria involved in granting a temporary use permit. 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. Staff recommended approval for reasons outlined in the staff report. In response to a question from Board Member THIESSEN, Mr. White replied that the request is basically due to circumstances beyond the control of the applicant. Board Member HOVLAND asked if it were realistic to believe this would be the last request for a temporary use permit. Mr. White replied that he was convinced this would be the last request because it is planned to get approval for a planned commercial development for this area from City Council during the next year. Board of Adjustment Page 7 December 9, 1999 Dick Scheurer 143 Union Boulevard, Lakewood Mr. Scheurer, attorney for the applicant, was sworn by Chair HOWARD. He stated that other representatives for the applicant who were present included Todd Maul and Harry Brumley (John Elway Auto Nation) and Bud Simon (DHM Design). He also agreed with Mr. White in that it is not for lack of effort on the applicant's part that this request for extension of the TUP has occurred. The PCD plan is complex due to the fact that there are five separate leases involved in redeveloping the northern portion of the property. The preliminary and final development phase for relocating the dealership will be accomplished first followed by development plans for the northern portion of the property. He stated that the first phase should begin very soon. Todd Maul 1622 West 152nd, Broomfield Mr. Maul was sworn by Chair HOWARD. He stated that John Elway Auto Nation is here to stay. A large investment has been made in this dealership and is very much a part of the community. He stated that Marshall Chesrown, the previous owner, has no further ownership or interest in this property. In response to a question from Board Member HOVLAND, Mr. Maul stated that the dealership maintains the majority of its inventory at an alternative location on Ward Road. Upon a motion by Board Member ABBOTT and second by Board Member MAURO, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. TUP 99-06 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 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- 06 be, and hereby is, approved. Type of Temporary Use Permit: To allow service vehicle and employee parking in a PCD zone. Board of Adjustment December 9, 1999 For the Following Reasons: The applicant has complied with all condition established in the resolution of the original temporary use permit and the conditions of the stipulation agreement with the city as follows: a) An erosion plan is in place. Drainage control, lighting plan and ground cover has occurred and other considerations as presented by the planning administrator to the Board of Adjustment. b) The additional parking has minimized parking congestion along Yukon Court. The gate requested as a consideration of the original temporary use permit has been installed to limit Yukon Court access to emergency access only. Access to the parking lot is from a point internal to the Elway Ford site thereby reducing traffic c) The original approval included conditions for screening which has been installed. The extent of grading on the site is due to the wetlands reconfiguration and not the parking lot. A permit from the Army Corps of Engineers has been approved for wetlands mitigation. Completion of wetlands has been extended to June 30, 2001. Location of the wetlands is dependent upon a configuration of uses on the PCD and the resolution of the ground water issue. 2. No expansion in scope from the previous temporary use permit is being requested. 3. The request meets the requirements set forth in established criteria for temporary use permits. 4. No significant public safety issues have occurred as a result of this temporary use permit. With the Following Conditions: L. Issuance of the temporary use permit shall be for one year or until a Council decision is reached on the PCD application, whichever occurs first. All conditions imposed on the 1998 application shall remain in effect. The motion carried by a vote of 7-0 with Board Member JUNKER absent. Chair HOWARD advised the applicant that the temporary use permit was granted. Board of Adjustment Page December 9, 1999 6. OLD BUSINESS There was no old business to come before the Board. NEW BUSINESS A. Approval of Minutes It was moved by Board member Hovland and seconded by Board Member ABBOTT to approve the minutes of October 28, 1999 as presented. The motion carried by a vote of 7-0 with Board Member JUNKER absent. 8. ADJOURNMENT It was moved by Board Member ECHELMEYER and seconded by Board Member HOVLAND to adjourn the meeting at 10:45 p.m. The motion carried unanimously. BOHOWARD, Chairman Board of Adjustment Ann Lazzeri, Secretar Board of Adjustment Board of Adjustment Page 10 December 9, 1999