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HomeMy WebLinkAbout09/28/1995C I T Y 0 F W H E A T R I D G M • 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman JUNKER at 7:32 P.M. on September 28, 1995, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Sean McCartney, Planner Susan Ellis, Code Enforcement Mary Lou Chapla, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of September 29, 1995. 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. WHEAT RIDGE BOARD • ADJUSTM ENT MI11UTES OF 14EETING: September 28, 1995 Page 2 Motion was made • Board Member ABBOTT, seconded by Boa Member HOWARD, that the agenda be approved as printed. Mtin carried. I o • 3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one came forward to speak. application by Chuck Perrotti for approval of a Temporary Use Permit to allow a used car sales lot. Said property is zoned Planned Commercial Development (PCD) and is located at 4775 Harlan Street. Board Member HOWARD wanted a clarification as to whether the Board of Adjustment had authority to make any kind of a variation • property zoned Planned Commercial Development. He said this property was zoned in 1973 for the explicit use as a parking lot, and as far as he knew that zoning and use is still valid, • he would like a ruling on this. Board Member ECHELMEYER asked is a temporary use for o year, and Mr. McCartney said yes, up to or less. I Sean McCartney presented the staff report, All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ECHELMEYER asked how this came to staff's attention, and Mr. McCartney replied it came through us by the applicant. Board Member ABBOTT said this would be the last place he would want a traffic slowdown because there is trouble already getting through that intersection from the north, and asked exactly what are 'rubber-neckers' mentioned in the staff report, and Mr. McCartney answered it is a term used WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page for traffic passers-by that are turning their heads a slowing down to look at what is on site. I Board Member HOWARD wanted to know how if the adjoining property owners have • be notified, and Mr. McCartney said yes. It was noted there was • objections registered. gioard Member ROSSILLON asked if landscaping is still a — requirement, and Mr. McCartney said as it is stated in the staff report he must follow the same landscaping requirements that apply for used car sales lots, which is 10 Board Member HOWARD questioned when was the case heard when the applicant came in 1994 for a variance concerning the required 1500 foot separation between adjacent vehicle sales lots, and Mr. McCartney replied it was approved administratively • October 19, 1994. Discussion followed regarding the administrative variance. No further questions were asked of staff. The applicant, Chuck Perrotti, 7174 W. 38th Avenue, was sworn in. Mr. Perrotti said he knew there was a lot of confusion about the variance in 1.994 and wanted to make sure everyone was clear on that. WHEAT RIDGE BOARD # - * September 28, 1995 • . g... WHEAT RIDGE BOARD OF ADJUSTNENT MINUTES • MEETING: September 28, 1995 Page 5 Board Member WALKER asked what would be his estimate as to how many in and out trips are there in a days time, and Mr. Perrotti answered about 30 maximum. Board Member ABBOTT stated the applicant is only trying t buy time to get a rezoning and asked if it would be unreasonable to give the applicant a few months to pursue this and to rectify this problem. Mr. Zuech said now the parking lot is unsightly and he feels there will be more traffic. I Board Member ECHELMEYER asked Mr. Zuech if he is having problems now with the existing trucks, and he replied he is not having problem with the trucks, it is the people parking on his lot; Board Member ECHELMEYER asked Mr. Zuech who is parking in his driveway, and he replied he does not know because he is not there all of the time, only that his tenants are complaining. Board Member ECHELMEYER asked Mr. Zuech if he had approached the applicant and told him of the parking problem, and he said no, he has not. Mr. Zuech said since he has a problem now with other people parking • his lot he sees the problem being compounded by more trucks with the expansion of the business. No further questions were asked of Mr. Zuech. Mrs. Zuech, 14253 W. Center Drive, JLakewood, was sworn in. She said they try very hard and take pride with their property and building. The applicant's lot looks very junky with no maintenance and he does not trim or cut the trees. She hates to see their maintained building next to this lot. WHEAT RIDGE BOARD OF ADJUST14ENT MINUTES OF MEETING: September 28, 1995 Page No questions were asked of Ms. Zuecil Board Member ABBOTT asked exactly what were the problems on W. 38th, and Mr. Perrotti said they were selling vehicles there (grandfathered in) and when the City widened 38th Avenue, they took 13 parking spaces from them and they were never compensated. They can never park vehicles perpendicular to the building • out in front. Board Member ABBOTT asked again if the lot would be locked other than when you are there with a customer, and Mr. Perrotti said no, there will be a salesmen on sight until at least 5:00 in the evening. No further questions were asked. motion was made by Board Member ABBOTT that Case No. TUP-95- 8, an application by Chuck Perrotti be APPROVED for the following reasons: 1. The applicant states he will pursue an amendment to the PCD within the immediate future. 2. The applicant states that he will not use banners, windshield advertisement, and other conventional and non-conventional used car lot attention getter. 1. The Temporary Use Permit will run for 9 months. 2. No banners, windshield advertising or other conventional and non-conventional used car lot attention getter will be allowed. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES • MEETING: September 28, 1995 Page B. Cage No. WA-25-28: An application by David Wilson for approval of a variance to allow a 2-yard dumpster. Said property is toned Residential-Three and is located at 3870 Oak Street. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES • MEETING:,September 28, 1995 Board Member WALKER asked what method does the trash company use • empty the dumpster, and Mr. Wilson replied just a normal trash truck with a special hook-up to lift the dumpster. They pick up the trash between noon and 2:00, so it does not disturb anyone. Board Member HOVLAND asked if the applicant has to wheel the dumpster out to the street, and Mr. Wilson answered yes. Board Member HOWARD asked if the applicant had considered any alternatives, and Mr. Wilson replied he did try and call about the 'less than one-cubic yard' dumpsters and again they only hold about 3 bags • trash, and he has 15-20 every week regardless. Board Member ABBOTT questioned if the applicant's neighbor is on the list submitted, and Mr. Wilson replied yes, he is the neighbor that offered to help build the fence. • further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-95- 28, an application by David Wilson, be DENIED for the following reasons: 1. The City was made aware of this violation by a complaint. 2. The property is surrounded on all adjacent sides by residential uses therefore the effects of noise and neighborhood disturbance would be considerable, the dumpster will be located within approximately 10-15 the adjacent residential single family home and this would seem unreasonable and against the intent of the ordinance. 3. The hardship indicated is not sufficiently unique as avoid the intent of the ordinance. 4. The proposed location would create a significant MR am probiems of access y the trash truck or by rolling the dumpster to the curb in the winter. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page Board Member WALKER commented the applicant would need about 13 of these smaller trash receptacles and he felt that would be quite excessive. Board Member ABBOTT commented in the picture it looks like the driveway is • a hill and not really level, and Mr. Wilson said it is not that bad, just slightly tapered. No further questions were asked. Motion was made by Board Member ABBOTT, that Case No. WA-95- 2 , an application by David Wilson, be DENIED for the following reasons: C. Case No. WA-95-29,: An application by David and Roberta Anderson for approval of a 4 side yard setback variance. Said property is zoned Residential-Three and located at 4000 Kendall Street. Sean McCartney presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. WHEAT RIDGE BOARD OF D r MINUTES OF -s • Page 11 WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page EMEM Motion for APPROVAL failed by a vote of 4-3 with Board Members ECHELMEYER, HOVLAND and HOWARD voting no. Resolution attached. D. !2gkgig No. IIA-25-25. An application • Robert Vance for I approval of a 15 variance to the required 15' setback for property zoned Residential-Three and located at 3731-47 Yukon Court. Susan Ellis presented the staff report. All pertinent documents were entered into record, which Chairman JUNKER accepted. Board Member ECHELMEYER wanted to know how the du ter from the deli got there, and Ms. Ellis answered the dumpster was there before the ordinance was in place so it is grandfathered. A RIDGE BOARD • ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page 17 Board Member HOWARD asked can the enclosure be on the property line, and Ms. Ellis answered yes, we do not require setbacks from property line unless it encroaches into the siM ht distance triangle. Ms. Ellis said there is a small landscaped buffer between the deli's enclosure and the applicant's property line which eliminates the sight distance problem with Mr. Vance's property. • further questions were asked. Mr. Vance assumed his contractor obtained the permit, but the contractor did not and when he asked him why, his answer was he never before got a permit for a dumpster. Board Member ABBOTT said his concern is someone pulling out of the lot blind when somebody else is coming south on Yukon Street. Mr. Vance said as it is now, you can see through the enclosure. He noted there is only four tenants that have cars. Ms. Ellis said the ordinance states dumpsters can not take up required parking spaces and with all apartments, tenants can change. 0 0 Z thl* ORWO - P ,= Board Member WALKER asked what size is the dumpster, and Mr. Vance answered 2 cubic yards. Board Member WALKER asked if the setback • the apartment houses on each side are the same, and Mr. Ellis replied yes. Board Member HOVLAND wanted to know if the street would ever extended would the other dumpsters be in violation, and Ms. Ellis said yes, but there is a chance it would be 'grandfathered' by that time. Board Member WALKER asked how long has the apartment house been there, and Mr. Vance replied 40 years. Mr. Vance said for years he had trash cans in the back until the trash company said they would not service him anymore because it took four men as he had several cans, so he feels this is a Catch 22. He said there is very little traffic on this street. Irene Vance, 7058 Parfet Court, Arvada, CO, was sworn Ms. Vance asked if there is any sort of a health ordinance where there had to be a certain distance between someone's living quarters and where a dumpster was, and Ms. Ellis said there is none that she is aware of. Ms. Vance said the traffic issue does bother her and she would not want to be responsible for that but on the other hand, we have somewhat of a responsibility to the women that have lived there for so long, or at least explore another avenue. WHEAT RIDGE BOARD • ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page 19 WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page 21 Motion was made by Board Member ABBOTT, that Case No. WA-95- 25, an application by Robert Vance, is DENIED, for the following reason: 1. The intent of the ordinance language and staff's opinion as • the hazard created as to the safety issue related to sight triangle are persuasive. A safety hazard would appear to be created if this variance were granted. Board Member ECHELMEYER commented that unenclosed dumpsters are all over the City and this man has attempted to solve the problem and cover the dumpster. He feels the City has not got hold • the dumpster problem. Motion for denial carried by a vote of 7-0. Resolution attached. WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING: September 28, 1995 Page 21 7. NEW BUSINESS A. Approval of Minutes: Motion was made by Board Member HOWARD, and seconded by Board Member ECHELMEYER, that the minutes of August 24, 1995, be approved as printed. Motion was made by Board Member'HOWARD, seconded by Boal Member ABBOTT that the meeting be adjourned. Meeting adjourned at 10:35 p.m. Mary \L6 havia., Sebretary