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Home My WebLink About05/28/1998Minutes of Meeting May 28, 1998 I. CALL THE MEETING TO ORDER: The meeting was called to order • Chair Person MAURO at 7:30 p.m. on May 28,1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, 2. ROLL CALL Members Present: Tom Abbott Bill Echelmeyer Bob Howard Paul Hovland Karen Thiessen Robert Walker Linda Mauro Members Absent: Susan Dunker Staff Present: Sean McCartney, Planner Ann Lazzeri, Minutes Specialist The following is the official set of Board of Adjustment minutes for the Public Hearing May 28, 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. 0 0 MIN VU-0010" 00:113851 PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) PUBLIC HEARING Board of Adjustment Page 1 05/28/98 Mr. McCartney concluded his presentation by informing that staff as well as the City of Wheat Ridge Parks and Recreation Department were in favor of the request. like to address the Board. The applicants responded that there was nothing they could add to the staff presentation. Upon a motion by Board Member ABBOTT and second by Board Member ECHELMEYER, the following resolution was stated: 11 -11 i • Whereas, the property has been posted the fifteen days required by law and there were no protests registered against it; and M Type of Variance: A request for approval of a four-foot backstop fence height variance to the ten-foot backstop fence height requirement. For the Following Reasons: I Approval of the request will permit the softball field to be used in a safer manner. 2. The essential character of the locality will remain that of a single famia, residential neighborhood, and approval of the request will allow for th internal backstop fence to • extended to a height that will help preve errant foul balls from damaging adjacent properties. I 3. The purpose • the variance is to prevent errant foul balls from further damaging adjacent properties and to help prevent children from chasing balls into the street, 4. The alleged difficulty has not been created • any persons presently having interest in the property as the property is owned by the City of Wheat Ridge. 6. Approval of this request will result in a benefit and contribution to the neighborhood as it should help prevent foul balls from further damaging adjacent properties and prevent children from chasing balls into the adjacent streets. 7. The City of Wheat Ridge Parks and Recreation Department supports the request. 2=1 q1t III liliii iiii;: � 101! 111 !Ili MMOM Board of Adjustment Page 3 05/28/98 TW stated staff s conclusion that the criteria supported approval. He informed that it was staff s recommendation that if the existing access and driveway were vacated, that the applicant be required to replace the driveway with sod and a street tree. Board Member HOWARD questioned the space between the garage and house at the closest point. Mr. Peterson estimated it to • between three and four feet. Mr. McCartney noted that if this presented a problem with fire codes, the applicant had sufficient room to move the garage to the east and still achieve the requested setback variance. Greg Smith 3062 Nelson Drive • �411 "W40- al IWO I M# - Me Board Member HOVLAND asked for clarcation as to the type of restrictions required for the construction • driveways. Mr. McCartney replied that the pen process to construct a driveway would be reviewed • the Public Works 4epartment for drainage, grading and access issues. Board Member ABBOTT referred to the statements • the traffic engineer and the applicant that a driveway entering out on the west side of the property would interfere with the intersection, and expressed concern that a circular drive would actually move access closer to the intersection. with a car backing into the intersection as opposed to 'driving forward onto the street and stated that he was in favor of the circular drive. Upon a motion by Board Member ABBOTT and a second by Board Member WALKER, the following resolution was stated: MEINMM�!�� Board of Adjustment Page 5 05/28/98 Whereas, Board of Adjustment Application Case No. WA -98-14 is an appeal to this Board from a decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law and there were no protests registered against it; • t # PITT 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-98-14 be, and hereby is, approved. Type of Variance: A request for approval of a nine-foot front yard setback variance to the thirty-foot front yard setback requirement for the construction of a two-car garage. 1. The addition of an enclosed garage would allow the structure to comply with the other residences in the neighborhood. 2. Because of the triangular shape of the lot and the location of existing residential structure, the applicant would be unable to locate a detached garage on the property without the need for a variance. 3. There are other properties within the surrounding neighborhood which have 25-foot front yard setbacks and most of the homes within a five- block radius have an enclosed garage. Approval of this variance would bring this property into compliance with the residences of the surrounding neighborhood. 4. The property -was platted with a triangular shaped configuration with the rear property line running west at 1 long to the east at 26.35' long. The shape of the property and the location of the dwelling on the property creates a physical hardship for any development of this property. Board of Adjustment Page 6 05/28/98 7. Although request for this variance is solely for the benefit ♦ the applicant, there would be a resulting benefit to the neighborhood by allowing this property to conform to the neighborhood character of having garages. I The entire existing driveway shall be removed and returned to landscaped area, including street trees as per City ordinance. 11111 1 111111 jlil� 111111! . 11111��Iip��1111111 1�111 4, Separation between structures shall be in compliance with building and/or fire codes. Discussion followed. Board Member ECHELMEYER expressed his opinion that the circular drive would be of benefit because it would eliminate the necessity of parking any cars on the street and that it would also increase safety for cars exiting the property. �i IIIIIIII 1 11 1 , �II�I��1111� I I= -- nuisance because they are often filled with derelict cars and motor homes. Mr. Peterson replied that it was not his intent to park cars in the driveway, but to have safer and more convenient access to his property. The motion failed by a vote of 4-3 with Board Members WALKER, HOVLAND and MAURO voting no. M ! 111 pilill itill 1 1��111 III Board of Adjustment Page 7 05/28/98 Whereas, the relief applied for may • granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. A OR WA-98-14 be, and hereby is, approved. Type of Variance: A request for approval of a nine-foot front yard setback variance to the thirLy-foot fro d setback requirement for the construction of a 1 t i i t 1 Board's conclusions relative to the ten specc questions to justify the variance, the evidence and facts in this case do support the granting of this request. I The property was platted as an odd shaped lot creating a physical hardship for future development. 3. This is only one of a few properties within the neighborhood that does not provide enclosed parking on the site. 4, Placement of a two-car detached garage would allow an adequate supply of light and air to the adjacent property to the rear and would not create a significant encroachment • the front, 5. A garage on the west side of the property would require the removal of existing ornamental trees. 6. The Wheat Ridge traffic engineer states that access to the property should be avoided near the intersection of 35th and Miller in order to prevent traffic conflicts. Board of Adjustment Page 8 05/28/98 90M 1. The existing vacated access and driveway shall be replaced with sod and a street tree per the City's requirements. 2. That the roof pitch and garage materials be compatible with the existing home. 100010113 glos front yard setback to give a general appearance • a neighborhood and addition to the encroachment allowed by the requested variance, the circular driveway would cause further visual impact on the neighborhood. Board Member ECHELMEYER expressed his opinion that the motion only allows the variance and it should • up to the applicant to work out what he wants • do with his driveway. Following further discussion, the motion failed by a vote of 5-2 with Board Members ABBOTT and THIESSEN voting no. variance which he felt had nothing to do with his plan to construct a circular triveway on his property. Now n7wevrr, Me circtiar trivcwdy UILUS Lit UIC Meet 411 LHU VUL • UW91WIng Cars to park in the front yard. in Board,Member ECHELMEYER suggested that the matter • the driveway be left to approval ♦ the Planning Department through the building permit process. Chair MAURO commented that she felt that the Planning Department, through the building permit process, had jurisdiction over the driveway and that the Board of Adjustment should only address the variance issue. Following further discussion, Board Member ABBOTT moved and Board Member WALKER seconded to offer the original motion. Board of Adjustment Page 9 05/28/98 111 11 111 "1 1 J i l l I I I iiiii gqlll�l l�� I m = � Mi ll I III I � � I � • I 7. NEW BUSINESS It was moved by Board Member HOVLAND and seconded by Board Member WALKER to approve the minutes of the April 23, 1998 Board • Adjustment meeting. The motion carried 7-0,'with Board Member JUNKER absent. It was moved by Board Member HOVLAND and seconded by Board Member ECHELMEYER • adjourn the meeting at 9:00 p.m. NDA MAURO, Chairperson Board of Adjustment ;7 Ann Lazzeri, Secretary Board of Adjustment WM#