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HomeMy WebLinkAbout01/27/20111. CALL THE MEETING TO ORDER The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Acting Chair ABBOTT at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. 2, ROLL CALL Board Members Present: Tom Abbott Bob Blair Paul Hovland Bob Howard Jennifer Walter Board Members Absent: Janet Bell Larry Linker Betty Jo Page Staff Members Present: Meredith Reckert, Senior Planner Lauren Mikulak, Planner I Ann Lazzeri, Secretary Meredith Reckert introduced Lauren Mikulak who was recently hired as a Planner I. 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No members of the public wished to speak at this time. 4. PUBLIC HEARING A. Case No. WA-10-11: An application filed by Judy Helm for approval of a 1.5 foot variance to the 5-foot side yard setback requirement for a garage on property zoned Residential-One B (R- 1. B) located at 3 861 Moore Street. Board of Adjustment January 27, 2011 The case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff recommended approval for reasons outlined in the staff report, Board Member HOWARD asked what type of mature tree is in the back yard. Mr. Helm stated he was not sure but it could be a type of ash. Board Member HOWARD asked why he objected to removing the tree. Mr. Helm answered that it is an asset to the property in that it provides shade for his yard as well as the neighbor's yard, Board Member WALTER asked if the applicant had considered an attached garage, Mr. Helm replied that an attached garage would be considerably more expensive and complicated to construct. Board Member HOWARD suggested that the applicant decrease the size of t garage and then there would be • need for a variance. Mr. Helm stated that decreasing the size would make it difficult to get into and out of cars. i In response to a question from Board Member ABBOTT, Mr. Helm stated that the tree is approximately 8 to 10 feet from the back of the house. In response to a question from Board Member ABBOTT, Mr. Helm stated that he did work with the neighbor who protested and made accommodations by altering the location of the garage in response to her protest. She is still not satisfied and he believed the neighbor is opposed to his building a garage anywhere on his property. He further stated that his wife has spoken with most of the neighbors Board of Adjustment - 2 — January 27, 2011 who have expressed full support of the garage and also expressed appreciation to the Helm's for improving a run-down property. Ms. Mikulak advised Board Member ABBOTT that in addition to the one protest, there was an inquiry from a neighbor who only called to find out the details of the proposal. Acting Chair ABBOTT opened the public hearing. Jeanette Boro 10505 West 38 Place Ms. Boro was sworn by Acting Chair ABBOTT, She stated her opposition to the variance request. She does not want a garage built that close to her property line. Board Member HOVLAND asked how much a 1.5 foot variance would make since the applicant is allowed by law to build with a 5 foot setback. She replied that it makes a big difference to her. She also stated that she didn't care one way or another about the tree. She believed having the garage 1.5 feet closer to her property line presents a fire hazard. Board Member WALTER asked if the staff had fire safety concerns. Ms. Mikulak stated that a fire wall will be required even if the garage is built without the variance. Further, the city's chief building official has reviewed the site plan and had no outstanding concerns. Board Member BLAIR asked what unique circumstances applied to this case. Ms. Mikulak stated that the mature tree presented a hardship to finding an alternate location for the garage. It was moved by Board Member HOWARD that the applicant remove the tree and build a garage without a variance. The motion died for lack of a second. Upon a motion by Board Member BLAIR 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-10-11 is an appeal to the Board from the decision of an administrative of and Whereas, the property has been posted the fifteen days required by law and in recognition of one protest registered against it; and Board of Adjustment - 3 -- January 27, 2011 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. WA -10 -11 be and hereby is APPROVED. Type of Variance: A 1.5 foot variance to the 5 foot side yard setback requirement for property zoned Residential One-B. For the following reasons: Board Member HOVLAND commended the owner for making improvements to the property. He stated that he would vote in favor of the request even though he had difficulty finding unique circumstances in the case. Board Member ABBOTT stated that he would vote against the variance request because an adequately serviceable garage could be build on the lot without a variance and, a protest was received by the most immediately affected neighbor. The variance would also represent a substantial impairment to the intent and purpose of regulations governing the City. Acting Chair ABBOTT advised that a super majority vote would require four affirmative votes for approval. The motion failed by a vote of 3 to 2 with Board Members ABBOTT and HOWARD voting no. Board of Adjustment - 4 — January 2 7, 2011 Acting Chair ABBOTT closed the public hearing. 6. OLD BUSINESS There was no old business to come before the Board. 7. NEW BUSINESS A. Introduction of Alternate to the Board Meredith Reckert introduced Jennifer Walter as an alternate to the Board of Adjustment. B. Approval of Minutes — July 22, 2010 It was moved by Board Member BLAIR and seconded by Board Member HOVLAND to approve the minutes of July 22, 2010 as presented. The motion carried unanimously. C. Resolution Designating a Public Place for Posting of Notices of Public Meetings. It was moved by Board Member BLAIR and seconded by Board Member HOVLAND to approve Resolution No. 01-2011, a resolution establishing a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. The motion carried 5-0. D. Ms. Reckert invited Board Members to attend the first public meeting regarding the 38"' Avenue Subarea Plan will be held at the Wheat Ridge Middle School on March 15, 2011. E. Ms. Reckert informed the Board that Planning Commission has requested ajoint study session with Board of Adjustment. Ms. Reckert will also schedule a training session for the Board when the vacancies are filled. Board members responded that both meetings would be beneficial. F. There was consensus to postpone election of officers until Board vacancies have been filled. Board of Adjustment - 5 — January 27, 2011 8. ADJOURNMENT It was moved by Board Member HOVLAND and seconded by Board Member HOWARD to adjourn the meeting at 8:10 p.m. The motion carried Ann Lazzeri, Secr �tary Board of Adjustment - 6 — January 27, 201