HomeMy WebLinkAbout09/24/1998CITY OF WF[EATRIDGE BOARD OF ADJUSTINJENT
Nfinutes of Meeting
September 24, 1998
I. CALL THE IMEETING TO ORDER: The meeting was called to order by Vice
Chairman ABBOTT at 7:30 p.m. on September 24, 1998. in the Council Chambers of the
Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
1.
2. ROLL CALL
Members Present: Tom Abbott
Bill Echch
Bob Howard
Susan Junker
Karen Thiessen
Robert Walker
Members Absent: Paul Hovland
Linda Mauro
Staff' Present: Sean McCartney, Planner
Ann Lazzeri, Minutes Specialist
The following is the official set of Board of Adjustment minutes for the Public Hearing of
September 24 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.
KI
APPROVE THE ORDER OF THE AGENDA
It was moved by Board MenlberJU`NKER and seconded by Board Member THIESSEN to
approve tile order of the agenda. The motion carried by a vote of 6-0 with Board Members
HO LAND and MAURO absent.
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.
v
Board ot'Adjustment Palge I
09 `24198
5. PUBLIC HEARING
A. Case !No. WF-98-1 (Contintied from Au-ust 27, 1998) An application Submitted by
Duane. Helms for approval of a flood plain special exception for the purpose of replacing
Z�
an existing sin. le- faaaaily home and detached garage with a new single-family home' with
an attached oarage, The property is zoned A-1 and located at 4221 Jellison Street.
This case was presented by Sean N He reviexved the staff report and presented
slides and overhead projections of the Subject property. He entered all pertinent documents
into the record and advised that there was j urisdiction for the Board to hear tile case. He
stated staff's conclusion that the proposed infill and construction of the 2,620 square foot
sinole-family residence Would not have a negative impact on the existing 100-year
floodwav and that, - iccordino to the Flood Plain Administrator (Bob Goebel) the request
met reqUIrernCrItS of the Flood Plain Ordinance. Therefore. staff recommended approval of
tile application.
In response to questions from Board Member HOWARD, Mr. McCartney stated that the
elevations shown oil the plan were not in existence at this time. but were proposed
elevations; and that the applicant would need to obtain a fill permit from the Public works
Department before any fill takes place,
Vice Chairman ABBOTT asked if a letter of approval had been received from the
homeowner to tile north. I Mr. McCartney replied that, to his knowledge, a letter had not
been received: however, a letter would be required as the approval process continued.
Pete Zienike
4271 Jellison Street
Mr. Zienike stated that lie is the son of the subject property owner. kIr, Helms. Mr.
Flehils also owns the adjacent property to the north, iMr. Zlernke stated that he does not
plan to have as basement in tile house, however, there Would be a crawl space. Fie stated
that the finished floor would be three feet above tile flood plain and that there would be no
furnace or other utilities in the crawl space.
In response to Board Member ECFIELMEYER's questions concerning the s'wale on the
property, Mr. Zienike replied that it tile situation is being addressed by hydraulic engineers.
Board Member HOWARD asked how far the property line was from the center line of
Clear Creek. The applicant replied it was about 40 feet.
Vice Chairman ABBOTT asked if there was anyone present who wished to address this
matter, There was no response.
Board of A(�justment Pa-e 2
09)24i,98
UTpou a motion by Board tMernber JUNKER and second by Board Member THIESSEN.
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer: and
Whereas, the Board of Adjustment Application Case No. WF-98-01 is an appeal to this
Board from the 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; and
Whereas, the relief applied for may be granted without detriment to the public welfare and
�Vitl`IOUt Substantially impairing the intent and purpose of the regulations governing the City
of \k'heat Ridue, and
Whereas, the Board finds that, based upon all evidence presented. the evidence and facts
in this case do SUPPOrt the granting of this request.
Now, Therefore, Be It Resolved that Board ol'AdjUStment Application Case No. \\'F-98-
01 be and hereby is APPROVED.
Type of Flood Plain Exemption. To allow for demolition of an existing single - fami
residence and construction of a new single-family residence oil a property located within
the I 00-year flood plain.
For the Following Reasons:
I , 'I"'he request has met all the requirements of the Flood Plain Ordinance.
1 Approval of the request should not have detrimental impact oil the existing I00-
year floodway.
The proposed hydrological study shows that the property can be filled to comply
xvith the requirement that the Finished Floor Elevation be a least one foot above the
Base Flood Elevation,
4. Bob Goebel, Flood Plain Administrator for the City of Wheat Ridge, recommends
approval of the exemption permit.
With the Following Conditions:
The proposed fill limits be revised on the north property line to eliminate the
encroachment and to create a small drainage swale between the lots.
Board of AdjUSUrIellt Paoe 3
W24/98
If the above drainage swale cannot be accomplished, the City must receive as letter
from the property owner to the north giving written permission to fill onto their
property,
The motion carried by a vote of 6-0, with Board Members MAURO and HOVLAND
absent.
Vice Chairman ABBOTT informed the applicant that his application had been approved.
B. Case No. WA-98-26: An application submitted by the City of Wheat Ridge for approval
of an I I -t"oot backstop height variance to the I fs -foot backstop fence height requirement
and a one-foot fenco, height variance to the 6-foot fence height variance requirement for the
purpose of installing a 21 -foot high backstop with a 7-foot fence around the perimeter of
the basebal field. The property is zoned R-2 and C- I and located at 4900 Marshal I Street.
This case was presented by Scan McCartney. He reviewed the staff report and presented
slides and overhead prQjections ofthe Subject property. He entered all pertinent documents
into the record and advised that there was j urisdiction for the Board to hear the case. He
stated staff's conclusion that, based oil all criteria, the application should be approved to
provide adequate protection to automobiles and spectators. He also stated that staff intends
to initiate an amendment to the zoning ordinance to alleviate the need for future variances
for baseball backstops,
Board kiernber ECHELMEYER asked -what the backstop height requirements would be
Z�
when the zoning ordinance amendment is drafted. I'vIr. McCartney replied that such
determination WOUld be made based Oil currant industry standards and whether or not
practice fields or competition fields are involved,
Joyce 'Manwal
Rect Superintendent, City of Wheat Ridce
fit response to a question from Board I'VIember ABBOTT, Ms. N/lanwaring stated that the
indUSUN standard tor backstop fence height is between 20 and 30 feet.
Board Member ECHELMEYER asked if the City Would bear any liabilivy for automobiles
which may be darna-ed by errant foul balls. Ms. Manwaring replied that the City is not
responsible t'01• Such darna-e.
Board N/lerriber WALKER expressed concern about the distance from home plate to tile
bike path located near the Outfield. Nits. Manwaring replied that the measurements of the
field are apl'.)ropriate for the age groups which will be utilizing the park. IkIr. McCartney
stated that it Would be approximately 260 feet from home plate to the bike path.
Board of A(ljLJStoleot Pave 4
09/24/98
Vice- Chairman ABBOTT asked if there were any individuals present who wished to
address this matter. There was no response.
Upon a motion by Board Member THIESSEN and a second by Board INilember
ECHELMEYER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer and
Whereas. Board of Adjustment Application Case No. WA-98-26 is an appeal to this Board
from the decision of all administrative officer; and
Whereas, the property has been posted the fifteen days required by law and there were no
protests registered it; and
registered
Whereas, the relief applied for may be granted without detriment to the public welfare and
Without substantially' impairing the intent and purpose Of the re(UllatiOnS governing 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 criteria given for this variance, 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, WA-98-26
be, and hereby is, APPROVED.
Type of Variance: An eleven-foot backstop fence height variance to the tell-foot
backstop fence hel,"Jit requirement and a one -foot fence height variance to the six-foot
fence height requirement.
For the Following Reasons:
I The Board finds that variance criteria numbers 3.6. 8 and 9 are met as far as its
concerns.
1 This variance is basically for the safety, welfare and benefit of spectators and
passersby.
Vice Chairman ABBOTT offered all amendment to the motion to add two additional
reasons for granting the variance as follows:
3. Approval of the variance creates a condition which will be in compliance with a
national standard as stated by the City's Parks Superintendent.
Board of AdJusiment Palle 5
09!'-74/98
4. . The 2l -foot Iii ah backstop Would have no effect on adjacent residential property.
The amendment was accepted by Board Members THIESSEN and ECHELNIEYER.
The motion carried by a vote of 6-0 with Board Members HOVLAND and 10AURO
absent,
Vice Chair ABBOTTanIlOLUlced that the request had been approved.
C. Case No. WA-98-27: Ali application Submitted by Ken Sanchez for Beatrice Anders for
approval of a 15-foot side yard setback variance to the 3 )O -foot side yard setback
requirement to al low a 22-foot by 22-foot detached gat The property is zoned R I -A
and I ocated at > Wright Street.
This case was presented by Sean McCartney. He reviewed the staff report and presented
slides and overhead projections of the subject property. He entered all pertinent documents
into the record and advised that there was jurisdiction for the Board to hear the case. He
stated that the City has received two letters of opposition to this request.
I%4r. I'vIcCartney stated staff's conclusion that, based oil criteria presented in the staff report,
approval of this request could be detrimental to the public's wvelfare, create congestion in
tile public streets and Could after tile essential character of the locality. Further, based on
the lact that staff" did not find any evidence of hardship, aside front personal inconvenience
for the property owner, lie stated that staff recommended denial of the request. He advised
the Board that. should the request be approved, staff recommended that the request be
chan(_ to a I 0-foot side yard setback variance to allow 6or a driveway depth of 20 feet.
In response to a question from Vice Chairman ABBOTT. INIr. McCartney stated that lie
had received another letter of'opposition in addition to the letter included with the staff
report.
Board Member ECHELMEYER asked the address of the property owner who submitted
the second letter of'opposition, Mr. IMcCartney stated that it was all adjacent propel
1 Ward Boatel.
oNN'ner at )
Vice Chairman ABBOTT referred to staff's concern that approval of the application could
increase congestion in the public street and asked for clarification. IMr. McCartney replied
that this concern was based upon industry standards of' a driveway length ot'20 feet for
example, a driveway length of less than 20 feet could cause a large vehicle to extend onto
public right-of4vay.
Board of Aqjustment Page 6
091124,198
Ken Sanchez
8277 West 71st Place
Nlr. Sanchez was sworn in by Vice Chair ABBOTT. NIr. Sanchez stated that he is the
builder representing the owner, Beatrice Anders. lie explained that the proposed Structure
is not planned to serve as a garage but as a workshop. He explained that it would be
necessary to vviden the existing gate to use the structure as a garage and there were no plans
to widen that (late. tie stated that there is all attached two-car orara( e that will be used for
the owner's vehicles, and that moving the proposedstrUCt Lire Would necessitate tile removal
of some patio concrete and an existing wood shed,
N/Ir. Sanchez, upon consultation with Beatrice Anders, advised the Board that it was the
desire cat" the applicant to amend the variance request from 15 feet to 10 feet.
Board Niferriber ECHELMEYER expressed concern that the application was for a
slioi)/ and the actual use would be as a workshop. Mr. NIcCartnev replied that the
setback requirement applies to any structure, regardless of use, and therefore the Board had
jurisdiction to consider the case at this time.
Board Nlember ECI-IELMEYER asked Mr. Sanchez if he was planning to construct a
driveway from the building to the street. Mr. Sanchez replied that they were not planning
C
Construct a drivexvziy; however, they would be willing to comply with the 20-foot setback
reqUil-C race rat.
Board Member HOWARD asked if the applicant could show the Board a drawing of the
proposed structure. Mr. Sanchez replied that fie did not have a drawing with hini but that it
was planned to have a 22-tbot by 22-toot structure with a gabled roof. In response to
Board N—lember 1-10% comment that it Would not match the house. Mr. Sanchez
replied that the other structures oil the property do not match the house since it is very
difficult to match tile A-frame Structure of the house.
III response to a question from Board Member ECHELN/lEYER, Mr. Sanchez stated that
the structure will contain four solid walls with either an 8-foot bay door or a french cloor on
the South side to facilitate the movement of wood\vorking equipment and Supplies,
Beatrice Anders
3iI2 Wright Street
Ms. Anders was sworn in by Vice Chairman ABBOTT. She stated that She bought tile
property because Of its Unique design, tile room in the back yard tor her grandchildren to
play and to Construct a woodworking shop where her husband can invent and build
equipment f=or people with learning disabilities. She said it was not practical to add the
shop area onto the present house.
Board of Adjustmcm Page 7
09 _14198
In response to a question from Board Member ECHEUMEYER, Ms. Anders stated that she
does not plan to install a concrete drive to the street. She also stated that, without the
XM'iance, her back yard would be extremely small.
Board Member ECHELMEYER asked if a future owner would have to apply for a variance
in order to build as driveway Should that owner wish to use the structure as a garage. Mr.
N explained that if this variance is granted. a future owner Could build a concrete
drivewav Without having to apply for a variance or a permit.
Board Member HOWARD asked the applicant if she had considered alternatives Such as
all I SN - 24 foot structure. The applicant replied that mature trees oil the property prevent
building any further to the South.
Vice Chairman ABBOTT commented that perhaps the applicant could build a smaller
structure. providing for a lesser variance. N/Is. Anders replied that they needed tile
requested Size to accommodate her husband's equipment.
Kell S'.11)CIICZ returned to the podium and stated that they had considered a smaller
structure, 110 , WeVer, the\ Wanted to build the structure as close to the corner of the property
as possible to retain more ofthe back yard.
Vice Chairman ABBOTT commented that the applicant is giving away sonic square
t*oomoe ofthe Structure by leaving ail eight foot setback from the fence when only five feet
are required,
Atithoriv Gibbons
12420 West 35th Avenue
NJr, Gibbons was sNvorn in by Vice Chairman ABBOTT Fie stated that his residence was
diaootially across the street from the applicant. He expressed his concern about tile legality
of' the existing 1'ence which is six inches frorn the inside edge ol'the sidewalk alono West
35th Avenue. He Further expressed his opposition to tile proposed setback variance which
fie felt would be out ot"character for the neighborhood.
In response to as question from Board N/ternber THIESSEN, Mr. Gibbons stated that he was
still opposed to the variance in spite of tile fact that the applicant had amended her request
by five feet.
In response to a question from Mr. Gibbons about the legality of the fe ' lice. Mr, McCartney
explained the relevant portion of the code and informed Mr. Gibbons that the fence was in
compliance.
Board Member HOWARD asked to see the letter of protest that was not included ill the
packet. The t'ollowino letter was introduced into the record as an exhibit and given to the
Bmird of'A(IjUSMICIII, Pa-e 8
09,24/98
Board members for their examination:
Exhibit "A" - Letter from Mr, Yemen. '1541 Ward Road. expressing opposition
to the variance.
Board Member WALKER asked if there was ail option to continue the case since the report
referred to the proposed structure as a garage rather than a workshop.
Mr. ,'McCartney replied that this was not an option since the variance must be considered
on the basis of Structure and not its intended use.
Ken Sanchez returned to the podium and stated that, should the variance be denied. the
structure Could be constructed to be in compliance with the code. however. it would still
leave the option for a future owner to install a concrete driveway and use the structure as a
garage.
In response to a question from Board Member THIE SSE N, Ivlr. McCartney explained that
ail approval is not required to install a Curb cut for a driveway for single family residences
other than to make sure the drainage meets requirements.
I
Vice Chairman ABBOTT requested that the owner address the Board and specifically state
her intentions in regard to the use of the structure.
Bernice Anders returned to tile podiLlIll and stated that the use of the entire struCtUre will
be as a shop. She stated her original intention was to add a shop onto the house, but it
Would have been cost prohibitive fior her to do so.
Upon a motion by Board Member THIESSEN and second by Board IN/lernber
ECHEUMEYE-R, the following resolution was state&
Whereas, the applicant was denied permission by an administrative officer, and
NN'lie•eas, Board of AqjUStillent Application Case No. WA-98-27 is an appeal to this Board
from the decision ofan administrative officer; and
Mice - eas, the property has been posted tile fifteen days required by law, and there were
protests reoistered 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 ol`�\ Midge.
Now, therefor -e, be it resolved that Board ofAdjUstrnent Application Case No. WA-98-27 x.
be. and hereby is, DENIED.
Board ol'Adjustnient Noe 9
09"24/98
For die followitig, reasons:
Strong protests were registered by the affected neighbors in the area against the
variance,
The Board does not believe that granting this request would be aesthetically
pleasing to the nei-liborhood.
a . There are other developmental prospects oil this property that call be achieved
without the variance,
4 There are 110 unique circumstances that would require the grantim of this request
over the neighborhood protests.
5 Granting this request Could significantly alter the character of the neigliborhood.
6. Granting this request Could diminish or impair property values,
Vice Chairman ABBOTT stated that lie would vote in favor of the motion for all of the
reasons stated, He stated that, even thOLI(Ill lie sympathized with the applicant. it was the
z:1
Board's position to look for hardships and weigh those hardships against the ordinances
adopted by the City's elected officials,
Board Member ECHELMEYER stated that lie would also vote in favor of the motion
because It appears that ifthe present wooden shed were removed. a Structure between the
concrete patio and the five-foot casement oil the east Would accommodate the 22-foot by
22 Eliot structure and still leave rootli 1'(-)r a play at-ca.
The motion lor denial carried by a vote of 5 - 1, with Board Member WALKER voting NO
and Board \Iernbers HOVLAND and MAURO absent.
Vice Chair ABBOTT advised the applicant that the request had been denied.
6. OLD 13USINESS
Mr. McCartney asked if the Board would like to schedule a study session. There was a
COnSenSLIS of the Board to hold a study session bef*ore the end of the year.
7. INEW BUSINESS
A Approval 0f'1%`IiIlUtCS ofAug 27, 1998.
It was moved by Board Member WALKER and seconded by Board IMernber JUNKEER to
Board ofAdJustment pai 10
09,124�98
approve the minutes as presented. The motion carried by a vote of 5-0 with Board Nlember
1 abstaining; and Board Members HOVLAND and NMALJRO absent.
8. ADJOURNMENT
It was moved by Board IN/lember HOWARD and seconded by Board Nlernber JUNKER to
adjOL11 the olecting a 9:22 pii.
I-
TONI ABBOTT. Vice Chairman Ann Lazzeri, Secretary
Board ol'Ad Board of Adjustment
Board ot'A justment Pa-e 11
09/24/98