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HomeMy WebLinkAbout12/10/1998Minutes of Meeting December 10, 1998 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair Person MAURO at 7:30 p.m. on December 10, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bob Howard Linda Mauro Karen Thiessen Robert Walker Members Absent: Bill Echelmeyer Paul Hovland Susan Junker Staff Present: Alan White, Planning Director Sean McCartney, Planner Ann Lazzeri, Minutes Specialist The following is the official set of Board of Adjustment minutes for the Public Hearing of December 10, 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. 3. APPROVE THE ORDER OF THE AGENDA It was moved by Board Member HOWARD and seconded by Board Member THIESSEN to approve the order of the agenda. The motion passed by a vote of 5-0 with Board Members ECHELMEYER, JUNKER and HOVLAND absent. 4. 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. Board of Adjustment Page 1 12/10/98 s i r 1111111'11111 :1 171 1 2 1 1 Board Member THIESSEN asked if she would be permitted to vote on this matter since she was absent when the case was initially presented, Mr. McCartney replied that the entire case would be heard again at this meeting and she could therefore vote on the application. I I Board Member HOWARD asked if a variance would • needed for a 1,000 square foot structure. Mr. McCartney replied a variance would • necessary because the applicant had used the maximum allowable detached garage space on the property. In response to a question from Board Member ABBOTT, Mr. McCartney replied that t applicant had consolidated his two lots into one. I UMVF►. Board of Adjustment Page 2 12/10/98 acquired the additional lot, he didn't realize that it would become a part of the original lot because the house lot is in one subdivision and the additional lot is another subdivision. Board Member ABBOTT stated that he felt it was pivotal to this case as to whether or not the lots had been consolidated. Mr. McCartney replied that even if the lots were not already consolidated, the City woul , _0 require consolidation before a structure could be built because stand-alone structures are not allowed on individual lots. In the R-IA zone district, the primary use is single family residential and there cannot be a stand-alone structure, such as a garage, on a lot. Board member ABBOTT stated that, while he could rationalize the size of the building, he was concerned with the size of the setback. He asked the applicant if his reason for as well as the neighb• r's driveway to the north. The applicant replied that he also didn't want to place the building in the middle of the lot which would preclude using the remaining area for garden and fruit trees. He stated that he did not realize that the east property line was actually the frontage of the property. Board Member ABBOTT advised the applicant that it is necessary for the Board to establish a hardship in order to grant a variance. Board Member WALKER asked if the applicant sold the lot back to the neighbor on the north, could the neighbor legally put the same building on it. Mr. McCartney replied that the setback would remain the same, but the square footage Nvould depend on existing structures on the lot. 1 0- Re was Inc neighbors' opposition, the size • the variance being requested, and the absence of hardship. Board of Adjustment Page 3 12/10/98 Board Member WALKER stated that he found it difficult to accept that this is a flag lot because he thought flag lots applied to residential lots and this is merely an extension of the back yard in an L-shape from the applicant's primary lot. 'Itpon a motion by Joard Member AVBOTT, and second by Board Member WALUR, the following resolution was stated: I I � 1111 1 IffliffiI Iffiffiffilill! 1 1 1 11 1 Whereas, Board of Adjustment application Case No. WA-98-29 is an appeal to this Bo from the decision • an administrative officer; and I Whereas, the property has been posted the fifteen days required by law and there were four protests registered against it; and 1111(muw1mong Now, Therefore Be It Resolved that Board of Adjustment Application Case No. WA-98- 29 be, and hereby is, denied. Type of Variance: A variance from the 1,000 square foot lot coverage requirement and a 24' front yard setback variance to the 30 front yard setback requirement for the purpose of - adding another 1,440 square foot detached garage. Said property is located at 3885 Depew Street and zoned For the Following Reasons: I Even though the proposed location is in the back yard out of the view of passing motorists, the existence • the structure would be considered to be out of character with the neighborhood. There are no other properties in the immediate vicinity which exceed the maximum building coverage requirement for detached garages. 2. If the request is denied, the applicant may continue to use this property for single family occupation. 3. Even though the property is considered odd in shape, the request of the variance is to increase the maximum building coverage to allow for additional garage space. The individual hardship created by the applicant does not have anything to do with the shape of the property. 4. The City will require that the two lots be consolidated before issuing a building permit; therefore, it can no longer properly be considered as two building lots. Board of Adjustment Page 4 12/10/98 5. The City received four calls requesting denial, including two from previous signers of the petition for variance submitted to the Board. 1weif WiMEM ril 111111111111111111111111plill 11111 i i i i MEMEM 11L. Case No. TUP-98-08: An application by Chesrown Automotive Group, Inc., for approval of a one-year extension • their existing temporary use permit for an employee'and customer parking lot • the south side • the Chesrown Friendly Ford dealership. Said property is located at 3601 Wadsworth Boulevard and zoned PCD. Board Member THIESSEN asked if the issue withwells in the area was one of the reasons Planning Commission denied the outline development plan and preliminary and final development plan. Mr. White replied that the water issue was not one of the reasons for the denial. Board Member WALKER commented that drainage from hundreds of vehicles in tile area would probably pollute the wells. Board of Adjustment Page 5 12/10/98 Board Member HOWARD commented that he felt the wells had nothing to do with the granting • a TUP which is being requested to give the applicant time to get everything in order to proceed with their planned commercial development. Board Member ABBOTT asked if the resident's concern about lighting from the parking lot had been addressed. Mr. White replied that the lighting issue had been modified and resolved. I tnn, W-U kM= who were asking for more permanent type screening such as landscaping. Mr. White replied that the additional screening was an issue connected with the outline development plan. Board of Adjustment Page 6 12/10/98 Board Member THIESSEN commented that this is the fifth time this case has come before the Board and this was the first time that she had heard of removing the building envelope from the PCP. Mr. Scheurer replied that he was not involved when Chesrown initially purchased this property several years ago for the purpose of developing it as a car dealership. Since then, Chesrown discovered that it was necessary to remove the building envelope from the, parking lot parcel. Board Member THIESSEN asked if Chesrown would continue with their plans if the TUP were not granted. Mr. Scheurer replied that they would continue. 'C=ir TOTRW47=471 f Tfiere-ol ere oiners piri7sem Adjustment. Loft! Upon a motion by Board Member ABBOTT, and second by Board Member WALKER, the following resolution was stated: ill 11 1 Whereas, Board of Adjustment application Case No. TUP-98-08 is an appeal to this Board from tile decision • an administrative officer; and Whereas, the property has been posted the fifteen days required by law and there were protests registered against it; and I i stostanuatY7 1771pull"IfIg U1V-H1tefkHdM7-PLrP*SC Ift UIC Ft:gT1ULVF11:S rpliig U117 ki • Wheat Ridge. Now, Therefore Be It Resolved that Board of Adjustment Application Case No. TUP-98- 08 be, and hereby is, approved. 11111 Pill Board of Adjustment Page 7 12/10/98 For the Following Reasons: I The applicant has complied with all conditions established in the resolution of the original temporary use permit and the conditions of the stipulation agreement with the City. 2. The request meets the requirements set forth in the established criteria for temporary use permits. 3. Denial could be expected to recreate the previous problems on Yukon Court with employee parking. 4. The City Council has postponed final action • the related PCD pending further information on several questions; therefore, a permanent permit for this lot cannot be practically approved outside of the PCD process. 5. There have been no complaints recently received related to any health or safety issues related to continued use • this parking lot under the conditions of the TUP. I P�Iip� I I'll 11111 111 1111111111 Ir 11=011 .1 -13 • Board Member THIESSEN offered a friendly amendment to include the restrictions contained in the original TUP in regard to vehicle storage being limited to excluding all inventory, and limited to employee's cars and vehicles awaiting service. Board Member ABBOTT and board Member WALKER accepted the amendment to read as follows: AND JUNKER absent. [11 PRINCE! III! � IMMITIN4 "M 111111111111 III��111 Board of Adjustment Page 8 12/10/98 I pill , illi�illillill Pill IIIIrIII�IIIII 111111111�11�Iilll I III I I li III • I I I I I 1 1 • 11111111 SM=6111 2�llmpl= rd It was moved • Board Member HOWARD and seconded by Board Member WALKER t• • • presented. The motion carried by a vote of 5-0, with Board Members ECHELMEYER, HOVLANJ and JUNKER absent. It was moved by Board Member HOWARD and seconded by Board Member WALKER to adjourn the meeting at 9:15 p.m. p �e� _ L D M A AURO, Chairperson c ard M 0 of Adjustment CABarbarakBOA\ I 999MINSW812 I O.wpd �L La�eri, Sucre Board of Adjustment Board of Adjustment Page 9 12/10/98