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Home My WebLink About02/23/2012IM R 0 9 The regular meeting of the Wheat Ridge Board of Adjustment was called to order by Chair ABBOTT at 7:00 pm. in the City Council Chambers of the Municipal Building, 7500 West 29 Wheat Ridge, Colorado. Staff Members Present: Meredith Reckert, Sr. Planner Lauren Mikulak, Planner I Ann Lazzeri, Recording secretary PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) No one wished to speak at this time. A. Case No. WA-12-01: An application filed by Leroy Kuczek for approval foot side yard setback variance from the 15-foot side yard setback requirement resulting in a I 0-foot side yard setback for property zoned Residential-One and located at 10561 West 38' Avenue, This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. The purpose of the variance is to allow for a 1,720 square foot manufactured home to be located on the property at 10561 West 3 8 Avenue. A variance was granted in 2009 but expired after 180 days because the applicant had not Board of Adjustment - I - February 23, 2012 obtained a building permit. Staff recommended approval for reasons, and with conditions, outlined in the staff report. In response to a question from Board Member BLAIR, Ms. Mikulak stated that staff had not received any comments, inquiries, • objections from neighbors regarding the variance request. Chair ABBOTT asked if there were others who wished to address the Board. There was no response. ZIF F. following resolution was stated: Whereas, application Case No. WA-12-01 was not eligible for administrative review; and Whereas, the property has been posted the fifteen days required by law and in recognition that there were no protests registered against it; and 1 1 Y - UV - gf - 4]U10J ttl - - e lamc 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- 12-01 be, and hereby is approved. # I I I # I I # 0 # # # For the following reasons: Board of Adjustment - 2 - February 23, 2012 1. The variance would not alter the essential character of the locality. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The request would not be detrimental to public welfare. 4. The request is consistent with the existing conditions in the surrounding area, as several R-1 properties in the area have primary or accessory structures that encroach into side yard setbacks. With the following conditions: 1. The property shall comply with the landscape requirements of Section 26-502 for new single-family residences, including those requirements related to landscape coverage and street trees with a recommendation that drought resistant plant material be explored for possible landscaping. 2. The property shall comply with the vehicle access requirements of Section 26-501.F for single family dwellings, specifically that the first 25 feet of driveway area from the existing edge of pavement into the site be surfaced with recycled asphalt pavement (RAP), concrete, asphalt, brick pavers, or similar materials. t "11111111111 4 11 t t TIM Add the following reasons: Reason No. 5: This is a sub-standard R-1 lot at 85 feet of width as opposed to the normal 100 foot width thereby creating an anomaly germane to the requested variance. 1-fif Wift LIF UntIA; g e Ine Impact oT Me MrFr�7MVL variance. Add the following conditions: Condition No. 3: A western side yard setback shall be 17.5 feet as proposed by the applicant. Condition No. 4: The building permit shall not be issued for less than the applicant's offered 50 feet. 11111 11111pill 1111 1�1111 Board of Adjustment - 3 - February 23, 2012 Reason No. 7: There were no objections from the neighborhood. I III � 1 11111111111111 1 F I 11111�11111 111111111111111111 1 The amended motion carried 8-0. B. Case No. WF-12-01: An application filed by Tony Douglas for approval of a Class 11 Special Exception Floodplain pen for property located at 8955 West 44' Avenue to allow for construction of a 4,000 square foot structure in the Cle Creek 100-year floodplain. I This case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. The new building would replace two existing structures on the site. Staff recommended approval of the application for reasons, and with conditions, outlined in the staff report. Aenry A 9201 West Tennessee Avenue, Lakewood Mr. Hollender, engincer for the agalicant. was swom i!t b,% Chair ammij.. Tony Douglas 15015 West 53 d Place, Golden Mr. Douglas, tenant and owner of DTI Trucks on the property, was sworn in by Chair ABBOTT, Vernon Solstice 2870 Wright Court, Lakewood Mr. Solstice was sworn in by Chair ABBOTT. He owns property on the comer of 45"' Place and Everett Court. He stated that his tenants are bothered by fumes from idling trucks and was hopeful that the new building would keep power washing activities further away from his tenants. Mr. Douglas returned to the podium to state that power washing will take place in the new building. There will be sand traps inside the building to lessen the impact of power washing soaps and chemicals going back into the floodway. Wheat Ridge is a Title IV City and participates in state and federal storm water regulations. Mr. Hollender stated the storm water drainage design will meet Urban Drainage standards. Whereas, application Case No. WF-12-01 was not eligible for administrative review, and Whereas, the property has been posted the fifteen days required by law and in recognition that there were no protests registered against it; and 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. WF- 12-01 be, and hereby is, approved. . 1 4 1 # I t/ # # MTTMIF.Thik # . I I I 1 11 1 For the following reasons: 1. The proposed construction will not negatively impact the flood water elevations in the area. 2. All site improvements will occur in the flood storage area. 3. The Floodplain Administrator has reviewed and supports the findings of the floodplain analysis. Ill 7 11111 1 111 ill lylill IIIIIIIII 5. The applicant will ensure that building construction will adhere to the highest design standards for water quality facilities as required by the City. AM 1. The lowest floor elevation of the proposed structure must be constructed one foot above the base flood level of 5,538 feet. 2. The first floor elevation must be verified by an elevation survey after the foundation has been poured prior to other construction commencing. :III iii 11 11 L ZMEMMEEM= Condition No. 3: The two existing ancillary structures will be removed from the property. Board of Adjustment - 5 - February 23, 2012 The motion carried 8-0. lyffffArEr M4 A. Approval of minutes — April 28, 2011 It was moved by Board Member BLAIR and seconded by Board Member Redden to approve the minutes of April 28, 2011. Motion passed unanimously. B. Resolution Designating a Public Place for Posting of Notices of Public Meetings. Pursuant to the Colorado Open Meeting Law, Section 24-6-402(2)(C), Board of Adjustment is required to designate at its first meeting of each calendar year a public place for the posting of meeting notices. Board of Adjustment - 6 - February 2 3, 2012