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HomeMy WebLinkAbout01/22/1998Minutes of Meeting January 22, 1998 1'. CALL THE MEETING TO ORDER: The meeting was called to order by Chairperson MAURO at 7:35 pm. on January 22, 1998, in the Council Chambers of the Municipal Building, 7500 West 29 Avenue, Wheat Ridge, Colorado. sm Alan White, Director, Planning & Dev. Sean McCartney, Planner Barb Fuller, Recording Secretary PUBLIC HEARING The following is the official set of Board of AdjIustment minutes for the Public Hearing of January 22, 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. 2, APPROVE THE ORDER OF THE AGENDA: Motion was made by Board Member JUNKER, seconded by Board Member ECHELMEYER to approve the order of the agenda. Motion carried 8-0. 3. 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. 4. PUBLIC HEARING A. Casiv.-No.-RA79-7--31: (Continued from 12/11/97) An application by Ben Bandinnere for approval of a 953 square foot lot area variance to the 9,000 square foot lot area requirement and a 15' lot width variance to the 75' lot Board of Adjustment 01/22/98 Page 1 width requirement for a duplex. Said property is zoned Residential Two-A and located at 4470 Lee Street. Scan McCartney presented the staff report including an overview of the case and why it was continued. The packet included a letter from the adjacent property owner that spoke on December 11, 1997. Since that time, the property lines were surveyed and both parties agreed to the lot lines as previously presented. All information was entered into the record. Board Member ABBOTT questioned the square feet and possible inconsistency in the requirements. Sean McCartney tried to explain the inconsistency in a Planning Commission report referred to by Board Member ABBOTT and assured him that the lot requirement for a duplex in R-2A zoning is 9,000 square feet. Chair Person MAURO swore in Ben Bandimere of 13831 West 54"' Avenue, Arvada. Board Member THIESSEN asked about Mr. Bandinlere's plans if the variance was denied and the exact square footage of each unit. Bandimere responded that lie is unsure, he feels stuck because tile bank would not finance a single-family home due to the appraisal value in the neighborhood and the amount he would need to build. Each unit would be 1,000 square feet with a 2-car garage. Board Member ECHELMEYER questioned tile set backs, the width of the building at direction it would face. i Bandimere responded that the unit would face west as does the first similar unit, the building is 40 feet wide, and the set backs have been pre-approved by the Planning Department pending the outcome of the variance decision. Case No: WA-97-31 Applicant's Name: Ben Bandimere Location: 4470 Lee Street. Upon motion by Board Member ABBOTT, seconded by Board Member HOVLAND, tile ,following resolution was stated. Board of Adjustment 01/22/98 Page 2 Whereas, the applicant was denied permission by an Administrative Officer; and Whereas, Board of Adjustment Application, Case No. WA-97-31 is an appeal to this Board from the decision of an Administrative Officer; and Whereas, the property has been posted the required 15 days by law and in recognition that there WERE NO protests registered against it; and IMM" WA-97-3 1, be and hereby is DENIED. Type of Variance: A Request for approval of a 953 square foot lot area variance to the 9,000 square foot lot area requirement and a 15-foot lot width variance to the 75-foot lot width requirement for the put of building a two - family residence. For the Following Reasons: The motion carried 8-0. B. Case-No,-WA--98--I: An application by Leonard and Glenna Kearns for approval of a five foot side yard setback variance to the 15' side yard setback requirement for the purpose of constructing a two-car garage. The property is zoned Residential-One and is located at 2971 Teller Street. Board of Adjustment 01/22/98 Page 3 Sean McCartney presented the staff report, including a correction to the cover sheet. The date posted and date legal notices sent should state January 8, 1998, instead of January 15, 1998. Zoning Ordinance, case file and exhibits were entered into the record, The vrovert i is within the Cit , j • Wheat Ridje, all notification and postin.9, requirements Mr. McCartney presented slides and aerial pictures of the property. He also presented an overview of the case including measurements, comparisons to properties nearby, and other options for the size of the proposed garage. Mr. McCartney followed with explanation of the criteria used to evaluate a variance application. Staff concluded that the criteria supports approval of the request. Board Member ECHELMEYER brought attention to the fact that the application is unsigned and was not notarized, lie asked if the Board is still able to act. Staff responded that an incomplete application keeps the Board from taking any action at this time. Public testimony can be heard but decision should be based oil a complete application. Board Member THIESSEN asked for clarification of the option of locating the structure at a different location of the site. Mr. McCartney responded that the structure could be located in the rear of the property which would comply with the setback requirement, however, this would create a long driveway, which would be more costly. Board Member HOVLAND asked if the garage has to be detached, or could an attached garage be proposed. p q p Leonard Kearns presented his case including the explanation for proposing a detached garage. The reason being is that in order to attach the garage the gas meter would have to be moved. Mr. Kearns also explained his reason for proposing the extra width, in order to accommodate his large vehicles and space to open the doors while in the garage. Board Member ABBOTT discussed the hardship criteria with the applicant and explained that this is one of the major deciding factors. lie also explained that there are a number of properties within the City of Wheat Ridge that meet the same requirements of his property and they have located their garage behind the house. Discussion followed regarding the requirements of ventilation and escape windows according to the Building Code. There was a motion by Board Member HOVLAND, seconded by Board Member WALKER, to continue the case until the application is complete and the Board has all of the information that is necessary. Board of Adjustment 01/22/98 Page 4 Motion carried 8-0, C. Case_NDW_A-_97_-29: An application by Robert Davis for approval of a IT-6" front yard setback variance to the 30' front yard setback requirements for the purpose of constructing an addition to their garage. The property is zoned Residential-One and is located at 12075 West 29"' Place. Mr. McCartney reviewed the criteria used to evaluate a variance request. Staff concluded that the criteria and the engineer's report support approval of the request based on the existing drainage problem. Chair Person MAURO swore in Robert Davis and Lonna Davis both of 12075 West 29t Place. Mr. and Mrs, Davis presented their case and entered into evidence photographs numbered 1, 2, 3, and 4 of said property. Also entered into evidence were photographs 5, 6, 7, 8, and 9 which included photos of a neighbor's driveway that is similar. Mr. Davis also entered into the record, a petition from all of their surrounding neighbors showing no opposition to their plans, the petition was entered in as item 10, Discussion followed regarding what the Board would like the engineering report to include. More specifically, the exact dimensions of the structure required For construction and also specific wording that the construction will solve the drainage problem. The Board discussed whether or not a continuation was in order, Case No: WA-97-29 Applicant's Name: Robert Davis Location: 12075 West 29' Place Board of Adjustment 01122/98 Page 5 Upon motion by Board Member ABBOTT, seconded by Board Member THIESSEN, the following resolution was stated. Whereas, the applicant was denied permission by an Administrative Officer; and Whereas, Board of Adjustment Application, Case No. WA-97-29 is an appeal to this Board from the decision of an Administrative Officer; and Whereas, the property has been posted the required 15 days 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. WA-97-29, be and hereby is APPROVED. Type of Variance: A Request for approval of a 17'-6" front yard setback variance to the 30' front yard setback requirements for the purpose of constructing an addition to their garage. The property is zoned Residential-One and is located at 12075 West 29"' Place. Board of Adjustment 01/22/98 Page 6 6. OLD BUSINESS A. RccwLqdcrlion -cif iCas-e-N-o.J-UL"--9-7- C esrown Automotive Group Staff informed that since this is a request for reconsideration it is not necessary to entertain testimony. Staff also reviewed the By Laws in order to direct the Board. Discussion followed regarding what the Board needed to do in order to make a decision about the reconsideration. Motion was made • Board MemberTHIESSEN, seconded by Board Member WALKER to vote YES to hear additional testimony at this time from the applicants or vote NO if you do not want to hear any testimony and would like • proceed with the vote on the issue of reconsideration. Discussion followed regarding the motion and the process for re-application. Motion carried 6-2, with Board Member HOWARD and Board Member WALKER voting NO. Chair Person MAURO swore in Dick Scheurer of the firm Robinson and Sclicurer, at 143 Union Boulevard, Suite 625, Lakewood, Also, appearing before the Board was Todd Maul of the Chesrown Automotive Group. Board of Adjustment 01/22/98 Page 7 Discussion followed, including questions about the time line of the procedure, and the procedures that are followed with regard to the paved lot to the south of the dealership. Scheurer responded that the PCD is at least 90 to 120 days out, probably May V or June I". He responded that the applicant is committing to the process, and the applicant is ready to solve the problems. Motion by Board Member HOVLAND, seconded by Board Member ABBOTT to reconsider Case No, TUP-97-8 at the Board of Adjustment meeting in February. This motion requires a vote of 6 to pass. Motion carried 6-2, with Board Member THIESSEN and Board Member HOWARD voting NO, A. Approval of Minutes: December 11, 1997 Motion was made by Board Member JUNKER, seconded by Board Member HOVLAND to approve the minutes of December 11, 1997. The motion carried 8-0. Board Member HOWARD asked about Billboards that have been approved. Staff responded with explanation and time lines. Motion made by Board Member HOVLAND, seconded by Board Member THIESSEN to adjourn at 10:07, all in favor. Barb Fuller, Recording Secret.ry A MAURO, Chairperson Board of Adjustment 01/22/98 Page 8