HomeMy WebLinkAboutRes WA-07-20 (C)CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 24th day of January 2008.
CASE NO: WA-07-20 (C)
APPLICANT'S NAME: Phil Benallo
LOCATION OF INTERPRETATION: 6088 West 391h Place
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case Number WA-07-20 (C)
is an appeal to this Board from the decision of an administrative officer and in recognition that
one protest was registered against it; and
WHEREAS, the property has been posted the fifteen days required by law;
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case
Number WA-07-20 (C) be, and hereby is APPROVED.
TYPE OF VARIANCE: A 15-foot side yard setback variance from the 30-foot side yard
setback requirement when adjacent to a public street resulting in a 15-foot side yard setback
requirement when adjacent to a public street resulting in a 15-foot side yard setback (Ingalls
Street).
FOR THE FOLLOWING REASONS:
There are a considerable number of substantial encroachments in this neighborhood
within one block of this property.
There are seven other large residential structures within one block of 6088 West 39`h
Place. All are in the Residential-Three zone district.
There is no living space above the over-height bay.
4. Staff found the first variance criterion has not been met and the Board concurs.
5. Staff found that the second variance criterion has been met and the Board concurs.
6. Staff found the third variance criterion has been met and the Board concurs.
Staff found that the fourth variance criterion has been met and the Board concurs.
Board of Adjustment
Resolution WA-07-20 (C)
Page two (2)
8. Staff found that the fifth variance criterion has not been met and the Board concurs.
9. Staff found that the sixth variance criterion has been met and the Board concurs.
10. Staff found that the seventh variance criterion has been met and the Board concurs to a
degree.
11. Staff found that the eighth variance criterion is not applicable and the Board concurs.
12. Staff found that the ninth variance criterion is not applicable and the Board concurs.
13. Several neighbors testified in favor of the variance.
14. Lowering the west wall, thus increasing the pitch of the west roof, would be more
impactive than the proposed height of the encroaching wall.
WITH THE FOLLOWING FINDINGS:
1. This variance is not on a lot line immediately abutting neighbors' homes.
2.
3. This structure sits on a small parcel with two street corners resulting in three setbacks
from streets.
4.
5. There are seven large multi-family structures within one block of this parcel, therefore
this is not necessarily a small single-story, single-family neighborhood.
6.
Many other substantial encroachments in the setbacks within the neighborhood exist,
some of a greater magnitude.
8. Design constraints were imposed.
9. Single family use is being retained on a Residential-Three zoned lot.
10. It can be argued that completion of this structure in this neighborhood works in several
ways toward the goals of the City's Neighborhood Revitalization Strategy.
11. Lots across 39`h Avenue are elevated above the site in question thus offering some
mitigation to view plane encroachment caused by the variance.
Board of Adjustment
Resolution WA-07-20 (C)
Page two (3)
WITH THE FOLLOWING CONDITIONS:
The addition will be built consistent with the applicant's Exhibits 5, 6 and 7.
All existing outbuildings and temporary structures will be removed prior to issuance of a
Certificate of Occupancy.
A brick wainscoting three feet in height matching the original home will be provided on
the 39`h Street elevation to lessen incongruities and visual impacts caused by the variance.
4. Any outdoor lighting attached will generally meet Dark Skies concepts in retaining
lighting leaving the property to a level that will cause no annoyance to neighbors.
Upright bushes or trees, as approved by the city, will be planted along the Ingalls Street
frontage to lessen incongruities and impacts caused by the variance.
VOTE: YES:
ABBOTT, BELL, BLAIR, BUCKNAM, PAGE,
ABSENT:
LINKER, HOVLAND HOWARD
NO:
None
DISPOSITION: A request for a 15-foot side yard setback variance from the 30-foot side yard
setback requirement when adjacent to a public street resulting in a 15-foot side yard setback
requirement when adjacent to a public street resulting in a 15-foot side yard setback (Ingalls
Street) was APPROVED.
ADOPTED and made effective this 24th day of January, 2008.
Robert Blair, Chair
Board of Adjustment
Ann Lazzeri, Secretary
Board of Adjustment