HomeMy WebLinkAbout03/26/1998CITY OF VITHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
March 26, 1998
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A. !Casg No. WA-28-4.- Mr. McCartney presented the case which was an application
by Gary Bryan for a five-foot rear yard set back variance to the fifteen-foot rear yard
• &4,,?clr rjaj, 6ild a iei W i bav automotive reiair shot) and a nail salon located
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and stated that although it was found the request would be compatible with the existing
land use and zone district, it was staff s conclusion that a smaller building could be
proposed which would comply with all district regulations.
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Board Member THIESSEN referred to the proposed nail salon portion of the building and
asked if a multiple use was approved. The applicant replied that the use had been
approved.
Board Member ECHELMEYER stated that he had received a comment from an individual
who said the back property line was in question and asked Mr. Bryan if he had a survey for
the property. Mr. Bryan replied that the back property line issue had been resolved with
the title company at the time of closing.
Board Member ABBOTT asked Mr. Bryan to explain a hardship or benefit to the
neighborhood.
Mr. Bryan explained that in order to maneuver vehicles in and out of the bays, twelve-foot
by twelve-foot garage doors are required and, also, the City's fifty-foot setback
requirement prevented bringing the building forward.
Board Member ABBOTT asked the applicant if he could reduce the size of the building
from six bays to five bays. The applicant responded that he is operating seven bays in his
present location and cutting down to five would present a financial hardship for him.
Ms. Friar stated that she is the owner of Holland Manor and that her only concern with t
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business Wyosed by, the a Avl icant, _w
business.
Mr. McCartney replied that the site Qlan does allow for adeguate off street Mkin,'
Mr. Bryan returned to the podium to state his agreement with Ms. Friar that there is a
parking problem in the neighborhood, and stated that his plan provides for adequate off
street parking.
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Board members with a brief discussion following.
Upon a motion by board Member AI'Z*'I*T, and second by board Member_AVVT7V-!4_W_77e
following resolution was stated:
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Whereas, Board of Adjustment application Case No. WA-98-4 is an appeal to this Board from
decision • an administrative officer; and I
Whereas, the property has been posted the required fifteen days by law and there were no form
recognized protests registered against it; and i
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-98-4 be,
.2nd hereby is, approved.
The architect design professional testified that (1) the five-foot variance is needed
to provide the necessary functionality for the intended use of the building; and (2) the
existing sewer line prohibited other design options which could have allowed for the
required setback.
2. The request will not alter the essential character of the locality.
There will be an adequate supply of light and air to the adjacent property; and with the
property adjacent to the variance to be approximately fifty to sixty feet from this
occupancy, it would seem the intent of the ordinance as related to the aesthetics of visual
separation between structures is met.
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The m6tion failed by a vote • 4-3, Board Members ECHELMEYER, HOWARD and THIESSEN
voting NO, Board Member JUNKER absent
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danger of fire would not be increased, staff was of the opinion that there were other alternatives to
locate the garage on the property that would comply with all district regulations.
Board Member THIESSEN expressed concern with granting a zero setback stating that, even
Board Member ABBOTT stated that this request runs against the intent • visual separation
between structures and that, although he appreciated the fact that a detached garage in the back
yard would obstruct the neighbors' view, he did not believe a hardship had been demonstrated. He
referred
• criteria no. 10 and stated that he would want to hear from a large number • neighbors
who felt that this addition would improve the neighborhood.
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1\4r. Ladd stated that he was District Manager of the Wheat Ridge Fire Protection District and was
appearing at the request of the applicant. He invited questions from the Board as to the District's
ability to provide fire protection for the proposed structure.
Board Member HOVLAND asked if there would be a problem with access to the rear yard if the
variance should be granted. Mr. Ladd replied that there would not • a problem as far as he or the'
fire marshal were concerned.
Mr. Schnell asked Mr. Ladd if it were preferable to access an attached garage • a detached garage
which was set back one hundred feet. Mr. Laddstated that a detached garage set back from the
street would necessitate taking the attack further than if the garage were in front.
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is experienUe 1t eenver r =177,
would prefer to fight a fire in a detached garage rather than a garage which was attached to a
house.
Chair Person MAURO swore in James Nere, 12200 West 35th Avenue
e was sy7 p 7717 737me applicant, nTZ
think the request fits the criteria.
Board Member THIESSEN presented the possibility of continuing the hearing to allow the
neighborhood to voice their opinions as to whether or not the addition would • of benefit to the
neighborhood. I
Mr. McCartney stated that he believed the three notification procedures (public hearing sign "
notification to adjacent property owners as well as publications in the newspaper) had provided
sufficient notice to the neighbors and requested that the case be decided at this time.
Mr. Schnell stated that some of his neighbors had offered to write letters but he told them he didn't
think it was necessary.
It was moved by Board Member ABBOTT seconded by Board Member WALKER that Case No.
WA-98-6 be continued to allow the applicant to further address the applicability of criteria no. 10.
stated that he would be voting against the motion because re Tet re
applicant has had every opportunity to present his case and there would be no justification for
continuing the case.
Board Member ABBOTT stated that he felt a continuance to receive further testimony from th
neighborhood would lend credibility to the argument that it would be a betterment to the
## iii and that he believed a nei ## !ii should be able to decide if an anomalv fits]
their neighborhood. I
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Board Member ECHELMEYER stated that he did not feel the neighborhood has the right to speak
for the community as a whole -and therefore would vote against continuance.
The motion failed by a vote of 5 to 2 with Board Members ECHELMEYER and HOWARD
voting NO; Board Member JUNKER absent.
Upon a motion by Board Member HOVLAND and second by Board Member WALKER, the
following resolution was stated.
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Whereas, Board of Ad ustment Application, Case No. WA-98-6 is an appeal to this Board from
the decision of an administrative Officer; and
registered against it; and
Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-98-6 be
hereM y is approved. 1
Type of Variance: A request for a five-foot variance to the five-foot side yard setback,
For the following reasons:
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I. The proposed garage will allow for adequate separation between the adjacent structure to
the west,
2. Approval of the request will not alter the essential character of the locality.
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3. Approval of the request may provide a benefit to the neighborhood in that there may be
some aesthetic relief from outside parking and storage.
4. 'This particular home is unlike most in the neighborhood in that it does not have the same
amount of space for storage as other homes.
I The garage must be designed so the style and materials match the applicant's existing
house.
2. Rain gutter downspouts must be directed to allow for rainwater to flow away from
the property to the west.
Discussion followed and Board Member ABBOTT offered the following amendment:
With the condition that the applicant pull a building permit to include all the additional
living space indicated to the Board through testimony and as indicated as item no. 3 in the
handout from Bader Burke & Company, Inc.
The amendment was accepted by Board Members HOVLAND and WALKER.
A request for approval • a five-foot side yard setback variance to the five-foot re
yard setback requirement for the purpose • constructing an enclosed garage was denied, based
Chapter 2, Article 3, Section 2-53 (d) of the City • Wheat Ridge Codes of Law which state tha
Board
• Adjustment motions not carried are thereby deemed denied.
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6. CLOSE THE PUBLIC HEARING I
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