HomeMy WebLinkAbout02/26/1998i i �� *1 i
A. Can NP, AA-28-1; (continued from January 22, 1998.) An application
by Leonard and Glenna Kearns for approval of a five-foot side yard setback
variance to the fifteen-foot side yard setback requirement for the purpose of
co o-car garage. The property is zoned Residential-One (R- 1) and
located at 2971 Teller Street.
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require a ten-foot setback rather than a five-foot setback,
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Mr. Kearns stated that it would create a financial hardship for him in terms •
added construction costs and Public Service Company charges to attach the
garage. He also cited a number of houses in his neighborhood where the garages
have less than a fifteen-foot setback.
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Mr. Kearns explained that the twenty-four foot width would allow more adequate
room for his two large vehicles with space to open the doors while in the garage
and to provide access for lawnmowers, etc., to be removed from the garage
without moving one of the vehicles.
Upon a motion by Board Member ABBOTT and a second by Board Member WALKER,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment application Case No. WA-98-1 is an appeal to this Board
from the decision of an administrative officer; and
Whereas, the property had been posted the required fifteen days by law and there were
no protests registered against it; and
Whereas, the relief applied for may not be granted without substantially impairing the
intent and purpose of the regulations governing the City of Wheat Ridge.
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the variance be granted for the reason that the approval would not alter the essential
character of the locality, and that there is adequate supply of light and air to the adjacent
properties on either side.
The motion failed • a vote • 4-3, with Board Members ABBOTT, THIE an
WALKER voting NO.
DJSRQSJJJQN: A request for approval of a five-foot side yard setback variance to the
fifteen-f•• t side yard setback requirement for the purpose of building a two-car detached
garage was denied, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat
Ridge Codes of Law which state that Board of Adjustment motions not carried are
thereby deemed denied.
B. !CaNg N% WA -28-2. Alan White presented the case which is an interpretation •
the zoning ordinance pertaining to psychological and social counseling clinics within the
Restricted Commercial Zone District. This is a result of an interpretation by Mr. White as
Zoning Administrator for the City concerning a use as a counseling clinic for addictive
and violent behavior that is in existence at 4243 Harlan Street.
Mr. White informed the Board that the property is within the City of Wheat Ridge; that
all notification and posting requirements had been met for an interpretation; and that there
was jurisdiction for the Board to hear this case. He entered into the record the case file,
packet materials and exhibits.
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There was lengthy discussion concerning requirements for RC and RC -I zoning.
Chair Person MARUO swore in Evart S. Lipstein, Esq., 12600 West Colfax Avenue,
Suite C -400, Lakewood, Colorado.
applicant Mr. Lipstein represented the • with Mr. White's
interpretation « only ., to a residential facility. He suggested
that perhaps the minor language variation • be a drafting
Board Member ECHELMEYER expressed his interpretation of •dresidential
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Mr. Lipstein clarified that the applicant's clinic is strictly a non-residential facility and
that there is no residential component to the clinic.
Board Member ABBOTT asked Gerald Dahl if it were appropriate to ask for a
continuance.
Mr. Stieger stated that he had complied with all paperwork and fees, and that he has
appeared before the Planning Commission who fully supported his facility as a special
use and advised him that he could appeal to the Board of Adjustment for an interpretation
of the code. He also mentioned that all of these events have caused him to experience
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specific to his business.
Board Member ECHELMEYER asked what conditions the Planning Commission
attached to the approval when he appeared before them in November of 1997.
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been resolved. He further stated that his understanding of the code is that he can, by
right, operate his clinic, and that he felt it is unnecessary to appear before City Council
for a special use permit.
Following further discussion, Chair Person MAURO swore in Michelle Stieger, 4243
Harlan.
Board Member THIESSEN read the relevant section of the code which seemed to
indicate that a non-residential clinic is a pen - pitted use.
Following further discussion, Chair Person MAURO declared a recess at 9:20 pm.
The meeting was reconvened at 9:27 p.m.
Upon a motion by Board Member ABBOTT, seconded by Board Member THIESSEN,
the following Resolution was stated:
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Related to Section 26-21 (b) (1), it is this Board's view that the language in
question was included not to affect non-residential uses, but to provide for
additional process for residential uses.
Therefore, it is the interpretation of this Board that a nonresidential clinic and
office for psychological, social, marital, development or similar counseling and
treatment, including counseling and treatment for substance abuse and alcoholism,
however, not including residential facilities or residential treatment, is therefore a
permitted principal use in the Residential Commercial Zone District.
Disposition: Board • Adjustment interpretation that a non-residential clinic and office
for psychological, social, marital, development or similar counseling and treatment,
including counseling and treatment for substance abuse and alcoholism, however, not
including residential facilities • residential treatment is, therefore, a permitted principal
use in the Restricted Commercial Zone District.
C. CgNg N WA-28-3 An application by Barry Jumpe for approval of a two-foot side
yard and two-foot rear yard setback variance. The property is zoned Residential Two (R-
2) and is located at 4201 Reed Street.
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There was discussion concerning fire code regulations in relation to the location of the
shed as well as location • windows in the affected structures. Staff advised that all fire
code regulations were met.
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There was discussion about the Uniform Building Code requirements as they relate to
space required between structures.
Chair Person MAURO swore in Rick Wassman, 7035 West 42nd Avenue,
Mr. Wassman stated that he lives two houses west • Mr. Jumpe and has no problem with
the location • the shed. He expressed concern, however, about power lines directly over
the shed leading to the house. Mr. Jumpe advised that these are telephone lines and that
h"lans to have them moved.
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Board Member ECHELMYER asked if storing telephones constituted operating a
business out • his home. Mr. McCartney explained that all you need to operate a
business out of your home is a business license and that a home business cannot occupy
more than 25%
• your residential space.
Board Member THIESSEN commented that Mr. Jumpe might want to look at the
possibility of using outside storage facilities.
Upon a motion by Board Member ABBOTT and seconded by Board member WALKER,
the following resolution was stated:
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Whereas, Board • Adjustment Application, Case No. WA-98-3 is an appeal to this
Board from the decision • an administrative officer; and
Whereas, the property has been posted the required fifteen days by law and there were no
protests registered against it; and
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Now, Therefore, Be It Resolved that Board of Adjustment, Application Case No.
WA•98-3 is hereby denied.
Type of Variance: Request for approval of a two-foot side yard and a two-foot rear yard
setback variance for the purpose • building a detached storage structure.
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I . The plight
• the owner exists due to a lack of communication between the
applicant and the planning department. Also the hardship described by the applicant
involves the need to acquire commercial storage related to his business. This hardship
would seem too generic to qualify for variance. The primary structure has an
approximate 600 square foot garage,
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Ridge who would be permitted to apply for variances following this same logic for
variance.
3. The hardship has been created by the applicant.
4. The granting of this variance can be detrimental in a substantial visual way to
other properties in the neighborhood due to its effect related to the intent and purpose of
the setback requirements.
5. If the shed were moved closer than three feet toward the house, it would be in
violation of the Uniform Building Code. Following the submitted drawing, the shed
could • moved one foot toward the dwelling, thus requiring only a one-foot side yard
setback variance. Further, the shed could be moved sufficiently forward as to require no
rear yard variance.
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parking on property zoned Planned Commercial Development. The property is located at
3601 Wadsworth R
The case, which is a reconsideration of the TUP issued in 1996, was presented by Alan
White. He stated that the property is within the City of Wheat Ridge and that all
notification and posting requirements have been net. Therefore there is jurisdiction to
hear this case.
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Board Member THIESSEN asked the status of the PCD. Mr. White responded that a
deadline of June 1, 1998, has been established for submittal of the PCD which will then
go to hearings before the Planning Commission and City Council for approval,
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of the Wheat Ridge Plaza Condominiums, the Valencia Condominiums and an apartment
building on Yukon to advise them of the final plan and to address their concerns.
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Scheurer stated that if the opaque fence is not in compliance now, that, the applicant will
bring it into compliance.
In response to Board Member ABBOTT, Mr. Scheurer explained that the applicant is
asking the Board to allow the parking to continue as it has been until such time as City
Council has had opportunity to review and approve a PCD or an amended outline
development plan.
Board Member ABBOTT expressed concern about his understanding that the parking lot
is full of inventory vehicles and asked what had been done to make every effort to
preclude off-site parking • employees and parking of inventory vehicles in the lot.
Chair Person MAURO swore in Todd Maul, 7320 North Broadway, Denver, CO
Board Member ABBOTT asked Mr. Maul to address the employee parking issue as well
as inventory storage on the lot, noting that in 1996 the stated temporary use permit was to
allow vehicle storage and employee parking. He asked Mr. Maul to clarify the meaning
of vehicle storage.
In response to Board Member HOWARD, Mr. Maul replied that they plan to have
everything in place by June 1, 1998, for a PCD submission to the City and, in the
meantime, they need to bridge the gap with a TUP.
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Board Member THIESSEN commented that she had seen several cars parked in the
subject lot this week with fluorescent "for-sale" signs and new car stickers • the side
windows, and that she noticed one parked there on her way to the meeting that evening.
She asked if this was considered new car inventory.
Mr. Maul replied that it could be a vehicle awaiting service work and promised to look
into the situation immediately to absolutely insure that this would not occur. He
suggested that these vehicles may be new vehicles that are in for warranty work.
Board Member THIESSEN expressed concern about past non-compliance by the
applicant, and stated that she finds it hard to believe that this employee parking lot is not
going to • an extension of the sales lot.
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Board Member ABBOTT asked the City Attorney to clarify the bond. Gerald Dahl
advised the Board that this would be a performance bond provided to the City and would
• no different than a bond which is used for completion • public improvements.
Board Member ABBOTT addressed Board Member THIESSEN's concern with the
inventory vehicles in the lot and asked if there could • a condition on the TUP that such
violations would be subject to fine by code enforcement.
Gerald Dahl replied that such a condition could be put in place and violations could then
be cited.
Mr, Scheurer addressed the matter of the "for-sale" signs on the cars, and advised the
Board that the applicant would investigate the issue and bring the lot into compliance if a
problem is found.
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Chair person MAURO asked if there were other individuals who wished to address the
Board.
There was no response.
Upon a motion by Board Member ABBOTT, seconded by Board Member WALKER, the
following Resolution was stated:
Whereas, the applicant was denied a Temporary Use Permit by the Board on October 23,
1997; and
Whereas, the Board of Adjustment Application Case No. TUP-97-8 is an appeal to th"
Board to reconsider their decision; and I
Whereas, the property had been posted the required fifteen days by law and there weo
no protests registered against it; and I
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the City of Wheat Ridge; and
Whereas, the Board finds that based upon all evidence presented and based upon the
Board's conclusions relative to the five specific questions to justify the Temporary Use
Permit, the evidence and facts in this case do support the granting of this request.
Now, therefore be it resolved that Board of Adjustment Application Case No. TUP-97-8
be and hereby is approved.
Type of Variance: Temporary Use Pen to allow vehicle storage and employee
parking in a PCD.
For the Following Reasons:
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3. Conditions for gated access to limit use of Yukon Court to emergency exit only
has occurred.
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have been complied with.
5. A performance bond will be placed with the City of Wheat Ridge to cover 125%
of all improvement and construction costs related to the Temporary Use Permit.
6. The City staff has stated that they consider the applicant and the City will resolve
drainage erosion control and lighting conditions with due diligence and are
actively working toward agreement both within the City and within the Municipal
Court with the following conditions:
a) This Temporary Use Permit shall expire in six months or when City
Council makes its findings as to a PCD, whichever occurs sooner,
• Screening and fencing as described in the original resolution shall •
completed by March 15, 1998.
C) No vehicles being held as inventory shall be parked on the part of the lot
described in the Temporary Use Permit; however, parking for employees and
service will
• allowed.
d) No advertising signage shall occur within this lot including signage
directly upon vehicles. If such signage occurs, each sign shall • considered a
separate fineable violation as a non-permitted activity.
The motion carried 6- 1, Board Member THIESSEN voting no.
Disposition: Temporary Use Permit to allow vehicle storage and employee parking in a
PCD Zone to expire in six months or when City Council makes its findings as to a PCD,
whichever occurs sooner,
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meeting as presented.
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Chair Person MAUR• commented that she would prefer that board members talk directly
to the public and ask questions rather than asking questions among themselves, and noted
that this causes distractions for the public and makes it difficult for all of the Board
members
• hear the comments.
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