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HomeMy WebLinkAbout10/01/1998CITY OF WHEAT RIDGE PLANNING COMMISSIONO R I G I NA L Minutes of Meeting October 1, 1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair THOMPSON at 7:30 p.m. on October 1, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Ann Brinkman Dean Gokey Don MacDougall Tom Shockley Janice Thompson Jerry Collins (Excused) Jim Dunn Nancy Snow (Excused) Sean McCartney, Planner Meredith Reckert, Sr. Planner Arm Lazzeri; Minutes Specialist The following is the official set of Plamiing Commission minutes for the public hearing of October 1, 1998. 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. 4. APPROVAL OF AGENDA Chair THOMPSON requested discussion of Planning Commission Chair appointment under "New Business." Commissioner GOKEY requested discussion of privately owned schools under "Old Business." Meredith Reckert requested an item to be added under "Discussion Items." ?tanning Commission Page 1 10/01/98 It was moved by Commissioner GOKEY and seconded by Commissioner SHOCKLEY that the agenda be approved as amended. The motion carried by a vote of 5-0 with Commissioners COLLINS, DUNN and SNOW absent. 5. APPROVAL OF MINUTES Commissioner MacDOUGALL moved and Commissioner GOKEY seconded to approve the minutes as presented. The motion passed by a vote of 4-0, with Commissioners COLLINS, DUNN, and SNOW absent and Commissioner SHOCKLEY abstaining. 6. PUBLIC FORUM There was no one signed up to speak before the Commission. 7. PUBLIC HEARING A. Case No.WV-98-04: An application submitted by Russ and Jan Anderson for approval of a vacation of unused public right-of-way for a portion of Marshall Street for the purpose of maintaining the area. The area is zoned A-1 and C-1 and located adjacent to 6465 West 48th Avenue (north of I-70). This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property and advised that there was jurisdiction for the Commission to hear the case. He entered the comprehensive plan, zoning ordinance, subdivision regulations, case file, packet materials and exhibits into the record which were accepted by Chair THOMPSON. He stated that this case had previously been approved by the Planning Commission on November 20, 1997 and then denied by City Council on the basis that the right-of-way could be used for future development and might be needed to access those possible developments. He stated staffs opinion that, since this right-of-way has never been improved,and there are no plans for future use, it is unlikely to be developed in the future. He stated staff s conclusion that, because this portion of public right-of-way has not been used as a street nor does it provide access to an adjacent parcel since it serves no other purpose than a utility easement for the existing Public Service power poles, the proposed vacation should be approved as requested. Commissioner BRINKMAN asked if this application satisfies the previous concerns of City Council. Mr. McCartney replied this application will answer the City Council's concerns in that the original request dealt with three existing billboards which have since been removed and the right-of-way remains vacant. Commissioner BRINKMAN asked if there were feasible alternatives for use of this land. Mr. McCartney replied that no additional structures could be placed in that area. Planning Cominission Page 2 10/01/98 In response to a question from Commissioner MacDOUGALL, Mr. McCartney replied that Disabled American Veterans owns the one property to the west. In response to a question from Chair THOMPSON, Mr. McCartney stated that all issues with Jefferson County have been satisfied. John Bradley 2201 Ford Street, Golden Mr. Bradley was sworn in by Chair THOMPSON. He stated that he is an attorney representing the applicants. He stated that the previous concerns of City Council have been addressed, and that there have been no protests or concerns expressed by the neighborhood. He stated that the applicants were looking forward to the privilege and responsibility of maintaining the subject property in order to improve the overall condition of the neighborhood. Chair THOMPSON asked if there were any other individuals present who wished to address this matter. There was no response. It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY that Case No. WV-98-04, an application for approval of a right-of-way vacation of an unused portion of Marshall Street (approximately 6465 West 48th Avenue) be recommended to the City council for APPROVAL for the following reasons: 1. The property is, and has always been, unused for street or access purposes. 2. The Director of Public Works finds that there is no other need for the property other than a utility easement for Public Service. 3. The request will not hinder the future improvements established on the Wheat Ridge Comprehensive Plan. 4. Staff recommends approval. The motion carried by a vote of 5-0 with Commissioners COLLINS, DUNN and SNOW absent. B. Case No. MS-98-05: An application submitted by C. B. Euser for approval of a minor two- lot subdivision as well as a maximum building coverage variance and front, side and rear yard setback variances for the purpose of selling one lot. The property is zoned R-2 and located at 6745 West 32nd Avenue. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overheads of the subject property and advised that there was jurisdiction for the Commission to hear the case. He entered the zoning ordinance, subdivision regulations, case file, packet materials and exhibits into the record which were accepted by Chair THOMPSON. He stated staff's conclusion that a subdivision is required to allow the sale of individual structures as well as to review the proposal in regard to development Planning Commission Page 3 10/01/98 regulations for the R-2 zone district and, further, that approval of the variances are required to allow the subdivision to occur. He stated that staff recommended approval in that the request would not change the physical attributes of existing structures which have remained on-site for a number of years, and would not be detrimental to the surrounding neighborhood. Commissioner BRINKMAN asked for clarification regarding concerns of the Wheat Ridge Sanitation District relating to a sewer easement. Mr. McCartney replied that there is an existing sewer line on the property and that the easement could be established on the plat before recordation.. Chair THOMPSON asked if the proposed variance would apply to future buildings if the present buildings were to be destroyed. Mr. McCartney replied that Gerald Dahl, City Attorney, advised that the Commission could place conditions on the approval which would establish the variances for existing structures only. Ms. Reckert stated that Mr. Dahl had also suggested a condition which would provide that any change of use for the current greenhouse structure would have to comply with current regulations. Glen Gidley 8684 West Warren Drive, Lakewood Mr. Gidley was sworn in by Chair THOMPSON. He stated that he is with the firm of Zoning and Planning Associates, representing the applicant in this case. He stated that the present lot tines are nonconforming rather than illegal in that the lot lines were established long before the City of Wheat Ridge was incorporated. In regard to staff suggestions for a fire-rated wall to be retrofitted into the greenhouse, he stated that this requirement would not fit with the purpose of a greenhouse and, therefore, the owner would not be agreeable to this condition. He also stated that the applicant would prefer not to move the lot lines in by three feet. He referred to his memorandum dated September 21, 1998, to the Planning Commission (which is contained in the packet) and requested approval of the application. In response to a question from Commissioner GOKEY, Mr. Gidley replied that the present greenhouse has been in use year-around since 1959. Commissioner BRINKMAN referred to the request for fire rated walls in the greenhouse and asked if the applicant would rather move the lot lines or install the fire rated walls. Mr. Gidley replied that the applicant would be more agreeable to the lot line adjustment; however, this would require a variance to the west setback and increase the variance on the north side but would have no other negative effect on the applicant. In response to a question from Chair THOMPSON regarding the purpose of the fire wall, Ms. Reckert replied that it was the opinion of the City's building official that a fire wall was necessary. She suggested that a lot line adjustment and a variance to the rear setback would probably be the most desirable solution. Planning Commission 10/01/98 In response to a question from Chair THOMPSON, Mr. Gidley replied that the applicant understood all of the issues related to nonconforming uses. Chair THOMPSON expressed concern that the greenhouse could be used for another purpose such as storage some time in the future. Ms. Reckert stated that she believed the intent of the code applied to an operating greenhouse; however, there was the option to place this as a condition of approval. Steve Lister 15320 Great Rock Road, Brighton Mr. Lister was sworn in by Chair THOMPSON. He stated that he performed the surveys and prepared the drawings for the application. He stated that he could not understand how the applicant could comply with Public Service Company's setback requests given the configuration of the area. Ms. Reckert replied that the Public Service Company letter contained their standard language used for any subdivision. Since the buildings are already in place, she felt it would be possible to modify the language which could also be placed as a condition of approval Commissioner MacDOUGALL referred to the three-foot section on the south side of lot one, and asked the status of the mechanical equipment. Mr. McCartney referred to Ms. Reckert's concern that this could cause the mechanical equipment to actually extend over the property line and, therefore, a three-foot property line adjustment would be desirable to allow for the extension of the mechanical equipment. Commissioner MacDOUGALL asked if UBC requirements would be met if the lot line were moved three feet to the south. Mr. McCartney replied that situation would meet UBC requirements. In response to a question from Chair THOMPSON in regard to the necessity of the second fire rated wall, Mr. McCartney replied that a requirement could be made for a variance to allow for the required space between the greenhouse and the residential structure. Mr. Gidley noted that the greenhouse is currently two feet from the lot line and therefore would require only a one-foot variance. Chair THOMPSON asked Mr. Gidley if his applicant would be agreeable to these conditions. Mr. Gidley replied that his client reluctantly agreed. It was moved by Commissioner BRINKMAN and seconded by Commissioner GOKEY that Case No. MS-98-5, a request for approval of a 26% maximum building coverage variance for the greenhouse known as lot one, a 27-foot front yard setback variance for the greenhouse known as lot one, a 2-foot side yard setback variance for the greenhouse known as lot one; a 20-foot side yard setback variance when abutting a public right-of-way for the greenhouse known as lot one, a 5-foot rear yard setback variance for the single family residence known as lot two, and a 1-foot side yard setback variance for the single family residence known as lot two, for property zoned Residential-Two and located at 6745 West 32nd Avenue be approved for the following reasons: Plamring Commission Page 5 10/01/98 I. Approval of the variance request will not change the physical attributes of the existing structures. 2. Approval of the request should not be detrimental to adjacent properties or improvements. 3. Approval of the request should not be detrimental to the essential character of the locality. With the following conditions: Any change in use of lot one would have to comply with current regulations. If fifty percent of any existing structures on either lot one or lot two are destroyed, the new structures would have to comply with current regulations. The motion carried by a vote of 5-0 with Commissioners COLLINS, DUNN and SNOW absent. It was moved by Commissioner BRINKMAN and seconded by Commissioner GOKEY that Case No. MS-98-5, a request for approval of a two-lot minor subdivision on property zoned Residential-Two and located at 6745 West 32nd Avenue, be APPROVED for the following reasons: 1. A subdivision is required to allow for individual ownership of the existing lots. 2. All requirements of the Subdivision Regulations have been met. With the following conditions: I . Public Service Company language be modified by planning staff and included on the subdivision plat. 2. Easement directed by the Wheat Ridge Sanitation District be shown on the subdivision plat. The motion carried by a vote of 5-0 with Commissioners COLLINS, DUNN and SNOW absent. 8. CLOSE THE PUBLIC HEARING Chair THOMPSON declared the public hearing portion of the meeting closed. 9. OLD BUSINESS A. Privately Funded Schools Commissioner GOKEY referred to the upcoming ballot issue regarding the voucher system for private schools. He expressed concern regarding the lack of control by the City of Wheat Ridge in regard to privately owned schools which are funded by the State being developed within the City of Wheat Ridge. He stated that while the mission Page 6 10/01/98 schools have definite impacts on the neighborhoods, the City has no control over building permits, traffic studies, etc. He stated that if the property is owned by the state, it is exempt from City regulations; but if it is privately owned property, it should fall under the same criteria as other privately owned property in the City of Wheat Ridge. B. Comprehensive Plan In response to a question from Commissioner BRINKMAN, Meredith Reckert presented a brief update on the status of the Comprehensive Plan. 10. NEW BUSINESS A. Appointment of Planning Commission Chair THOMPSON suggested that the new Chair be elected the meeting before the appointment to give that person some time to prepare for the position. Ms. Reckert replied that she would take this matter before staff for discussion. B. Bus Stop at 44th and Ward Road Chair THOMPSON requested that the bus stop located in front of the Total gas station at 44th and Ward be relocated to a less hazardous location. Mr. McCartney replied that staff would initiate this matter with the Regional Transportation District. C. Vehicle Sales - In response to a question from Chair THOMPSON, Ms. Reckert presented a brief update on the proposed ordinance to ban private vehicle sales in places such as vacant lots. D. Conference in Estes Park In response to a question from Commissioner BRINKMAN, Commissioner GOKEY presented a brief summary of the conference. 11. DISCUSSION ITEMS A. Planning Commission Study Session Ms. Reckert distributed a memorandum concerning the study session to be held on October 15 with the City Attorney to discuss the scope of authority and appropriate decision making during the public hearing process. She asked Commission members to contact her if they had additional comments or suggestions in regard to discussion items. It was the consensus of the Commission to start the study session at 6:30 p.m. 12. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Com 10/01/98 13. ADJOURNMENT It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY to adjourn the meeting at 9:10 a.m. qiilcAe;T~h~ompson, h air r? Ann Lazzeri, Rec rdinb dS'ecretary CA13arbaraAPCIZPTSI'LANGCOMVPCMINU'I LA1998V951001 wpd Plannin, Commission Pale 8 10/01 /98