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HomeMy WebLinkAbout10/22/1998Minutes of Meeting October 22, 1998 CALL THE MEETING TO ORDER: The meeting was called to order by Chair MAURO at 7:3 p.m. on October 22, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, 3. APPROVE THE ORDER OF THE AGENDA (This is the time for anyone to speak on any subject not appearing on the agenda.) There was no one signed LIP to speak. 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 staffs recommendation for denial of the application. Board Member ECHELMEYER noted a correction to the staff report. If the applicant were to reduce the size of his proposed structure to 19' x 28% it would involve a 44 square foot loss rather than a 19 square foot loss in size. The applicants were sworn in by Chair MAURO. Board Member ABBOTT asked the applicant to explain the hardship associated with this case, Mr. Boom replied that if placed on the south, the addition would be built over an existing well, the pitch of the roof would not match. and it would prevent light to the living room. If the addition were to be built in the back of the structure, it would be located over the leach field. If a long narrow addition were to be built. it would require a center \vall or support beams and the room would be long and narrow which would be impractical for the proposed PUI-POSe of providing an extra bedroom and laundry room. In response to a question from Board Member ABBOTT, Nir. Boom stated that an architect prepared the drawings of the proposed addition. Several alternative possibilities were discussed; however, the applicants did not believe any of the alternatives would be feasible. David Amdahl 4235 Vivian Street Mr. Amdahl was sworn in by Chair MAURO. He stated that he was in favor of the application and submitted the follo"ing exhibit into the record: Exhibit "A" Letter from Dana and Janice Thompson, 12290 West 42nd Avenue asking the Board to approve the application. Board Member HOVLAND SLIggested moving the addition further to south. Mr. Boom replied that this would clear the well house by only four feet, the entry way would not line up and it would result in a long narrow bedroom of 22' x 10'. Board Member ABBOTT expressed concern about the lack of architectural detail on the drawings. Upon a motion by Board Member ABBOTT and second by Board Member JUNKER the following resolution was stated: X- Viiereas, the applicant was denied permission by an administrative officer, and Whereas, the Board of Adjustment Application Case No. WA -98 -28 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 pudic welfare and without substantially impairing the intent and purpose of the regulations governing the City of \k`heat Ridge; 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 Bedard of Adjustment Application Case No, WA -98- 28 be and hereby is APPROVE. Type of Variance: Five foot front yard setback variance to the thirty foot front yard setback requirement to construct a 2 -foot by 24 -foot addition. For the Following Reasons: I . Desi.tn alternatives are limited by site obstructions: a well on the south, a leach field oil the west and various mature trees. The existing roof lines create a significant desion problem which limits the possible location for any addition. ?. There are several front yard encroachments of similar dimensions within the neighborhood. . A letter was submitted frog neighbors speaking in support of the addition. 4. It can be expected that this addition will,result in an improvement to the ne:igltborhood and increase in property value. With the-Following Condition: L Design elements and materials of the exterior elevations shall be similar to the existing structure and be compatible in design; and the design, as built, will be created by a registered architect. Board of Adjustment Page 3 October 22, 1998 -'s to be Board Member HOWARD asked the reason for the condition requiring drawing completed by a registered architect. Board Member ABBOTT replied that. because a substantial variance was involved, he wanted to make sure that the addition would match the house and not detract from the neighbors' property values. The motion carried by a vote of 6-1, with Board Member HOVLAND voting no and Board Member THIESSEN absent. K Case No. WA-98-29: An application by Jim and Meda Goddard for approval of -a variance from the 1,000 square foot lot coverage requirement for detached garages for the purpose of adding a second structure of 1,440 square feet. Said property is located at 3885 Depew Street and zoned R- IA. 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 wasjurisdiction for the Board to hear the case. He stated staft7s recommendation for denial of the application. Board \-lember ABBOTT asked for clarification regarding the staff report's reference to an access easement to the north. Mr. McCartney replied that, since the applicant wished to provide access to the building for his neighbor to the north, an access easement would be necessary if the property to the north were to be sold. Board IMeniber HOVLAND asked if there Would be room for a door oil the north side of tile bUikfin' lt*tllC applicant C0111plies with the thirty foot setback requirement, Mr. McCartney replied that it would be difl With a five-foot setback to the north, but tile building could be moved to the south to provide more room for additional driveway space on the north. Board of Ad4istment Page 4 Octobter 22. 1998 Mr. Goddard advised the Board that fie purchased the building (which was delivered from a company in Petinsvivania) based on information he received from an individual in the Wheat Ridge Bui Iding Department who informed hitu that he could construct a building Lip to 30% of the lot size but did not explain the 1,000 square foot requirement for detached garages. He stated that he circulated a petition along with a picture of the proposed building and drawings of its proposed location to all of his neighbors. All of the neighbors were in favor of his building as weil as the location. He also stated that if he had to comply with a thirty- foot setback. thereby placing the structure in the middle of his lot, he would not erect the structure. Mr. McCartney explained that if the applicant wanted to proceed with a six-foot setback fi-orn the east property line (rather than the thirty feet required by code), it would be necessary for him to make an application for another variance to allow for reporting and repUblishin-. Board Nlernber'ABBOTT asked for further explanation regarding hardship. Mr. Goddard -replied. that lie needed tile storage space for his vehicles as vvel I as some materials from his business.. He also stated that the lot is presently filled. with weeds.and he plans to install extensive landscaping He also stated that the neighbor to the east would not be able to view I the garage from his house. Chair MAURO asked for a point of clarification regarding tile applicant's request to erect the building six feet from the property line. Mr. McCartney replied that the Board could hear all testimony at this meeting and continue tile case to December 10. 1998 to allow time for reposting and republishing of the additional 24-foot setback variance request. In response to .1 question from Board Member ECHELMEIYER regarding fire code requirements. Nilr- McCartney replied that he believed the separation between the proposed metal Kidding and the brick L arage would meet fire code but that he would request a fire Study to be conducted before hearing the case oil December 10. Ken Oiler 40005 Depew Street Mr, filler was sworn in by Chair MAURO.< He stated that fie owned the property to the north of the applicant and was in favor of the applicatiort., Walt Pettit 3930 Eaton Mr. , Eaton was sworn in by Chair MAURO, He stated that lie was in favor of the application '_('bcCaLISC-.additional landscaping would enhatice the view from his residence which is covered %vith weeds. (Chair MAURO declared a brief recess at 9:05 p.m. to allow for repair of the tape recorder. Tile meeting was reconvened at 9.10 p.m.) Board of AdJUStIllelit Page 5 October 22, 1998 It was moved by Board Member HOVLAND and seconded by Board Member, WNLIKER to continue Case No. WA-98-29to December 10, 1998, based on the'fact,that the-setback variance was not included in the original request and, therefore, must be repo sted. The motion carried by a vote of 7-0, with Board Member T141ESSEN absent. C. Case No. 1VA-98-30 An,appli6ation by Curtis Krey for approval of a variance from the 5- foot side yard and 30foot fron't yard setback requirements for a storage shed. Said property is located at 7110 West 29th Avenue and zoned R-2. This case was presented by Sean McCartney. lie 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. lie stated staffs recommendation for approval of the application. Board Member HOVLAND expressed concern about the site triangle for the neighbor's driveway and asked if there had been any complaints regarding the obstruction of view. Mr. McCartney replied that the Citythid n6t any complaints. Board Member Al Bo commented that eNistino shrubbery also interfiered with the site triangle. Board Member HOVLAND asked if it-would be possible to allow a variance which could be terminated at the time of sale of the property, Mr. McCartney replied that it would be nearly iniposslible to'ent'6rce because the City would have no way o4nowing when the property was sold. Board Member ABBOTT suggested the possibility of a Temporary Use Perrn&but also expressed his concern about the site triangle. Board of Adjustment Patge 6 October 22, 1998 Curtis Krey 7110 West 29th Avenue I'vir. Krey was sworn in by Chair MAURO. He explained that he needed the shed to store his bicycle trailer., He stated that he has rheumatoid arthritis and rides his bicycle for exercise as prescribed by his doctor. Board Member ECHELMEYER asked Mr. Krey if he could use a bike rack attached to the bac of his vehicle. Mr. Krey replied that, due to Ws arthritis, it was nearly impossible for him to negotiate a bike rack. Board Member WALKER suggested the possibility of storing the bicycle trailer on the side of'tfi4�h()LlSe. Mr. Krey replied that, in addition to security concerns, there would be no room to drive tile car to.this location and attach the trailer. ­ k. Krey replied that he Would agree to remove the shed when he is no longer able to ride his bicycle. Board ABBOTT again.suggested the possibility of issuing a TUP , xilich would be renewed'every year. Mr. McCartney replied that if the present request were to be denied, the applicant could make a new request for a TUP with variances. Board Member ABBOTT asked the applicant if he could make some sort of driveway to allow parking of the trailer on the side of the house.!, r. Krey replied that this would prevent him from getting to the back yard. N/Ir.-Krey also comillented that lie should have C, contacted the City regarding placement of the shed even though the shed contractor assured him that the location of the shed complied with all of the City of Wheat Ridge regulations. C� Board Member ECFIELMEYER expressed concern that tile shed is an eyesore to the C0111111 till ity and 1'elt the applicant should make some ad ' justillents such as using,a bicycle rack. Mr. Krey replied that, because ot'his arthritis as well as his wife's arthritis, a bike rack is unmanageable for him and tile trailer works extremely well for his put Board Member HOWARD suggested moving the shed to abut the front of tile house. Mr. k,' ­Krey felt that this would present an cycswe,w his house. A Upon a motion by Board Member ABBOTT and second by Board Member ECFIELMEYER, the following resolutiorimas stated:, Whcr6as, the applicant was denied permission an administrative officer,!. taxi Whereas, Board of Adjustment Application Case No, WA-98-30 is all appeal to this Board , , , .from ithe decision of all administrative officer; and Whereas, tile property has been posted the fifteen days required by law and there were no protests registered against it; and Board of A4justmeot Page 7 October 22, 1998 Whertits. the relief applied for may, not be granted without subs antiallyimpairing the intent and putl5ose of the regulations governing the City of Wheat Ridge, and,,i Now, therefore, be it resolve&tha Board of Adjustment Application Case No. WA-98-30 be, and hereby is, DENIED. Type of Variance- Variance from the five-foot side yard and 30-focit yard setback requirements for a storage shed. For the Following Reasons: There Would appear to be at least one alternative location which could be viable for continued use of the current bicycle trailer storage. The current shed structure encroaches upon the site triangle of both driveways thereby creating a safety issdee Tile shed was constructed'. Athouta permit. The motion carried by a vote of 7-0 with Board Member THIESSEN absent. Board Member ABBOTT moved and Board Member WALKER seconded that the shed can remain in place no longer than the time of the January Board of Adjustment meeting or when the temporary use permit is applied for, whichever occurs sooner. and that the City's application fee be waived if the applicant chooses to apply for a temporary use permit in time for the January meeting. The motion carried by vote of 7-0 with Board Member THIESSEN absent. 5. CLOSE THE PUBL1 HEARING Chair MAURO declared the public hearing closed. X 6. OLD BUSINESS A. Case No. WA-98-29 In response to requests for clarification concerning the continuation of Case No, WA-98-29, Mr. McCartney outlined the procedures for hearing the case on December 10. 1998. pa-C 8 Board of A(�Iustment IM October 22, 1998 D. Existinc- Storage Sheds - Board Member HOWARD asked if there was a plan to bring all storage sheds into compliance within the City of Wheat Ridge. Mr. McCartney replied that many existing sheds are legally nonconforming. 7. NEW BUSINESS J A. Approval of Minutes of Se temper 24 ' 1998 -. t, was moved by Board Member HOWARD and seconded by Board Member WALK to approve the minutes as, presented The motion Carried by a vote of 6-0 with Chair MAURO abstaining and Board '1 THIESSEN B. Studv Session • Fol,lowirt t .� brie r, Board Member HOVLAND moved and Board Member Wi\t-KER seconded that a study session with the City Attorney be scheduled for �December 2. 1998. The motion carried,by,a vote,ol'TO with Board Member THIESSEN absent. Mr. McCartney stated that herwould c6ntact-the City Attorney to see if this would fit into his schedule. Asa 8. ADJOURNiNIENT lt moved by Board Member ABBOTT and seconded by Board Member ECIIELMEYER to adjourn the meeting a 10:25 pm. The motion carried by a vote of 7-0 with Board IN-lernber T141ESSEN absent. LINDA I'VIAURO, Vice Chair Ann 1,azzeri, Secretary Board o _s *Board bfAdJUStInert Board of Aqjustment P, October 22. 1998