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HomeMy WebLinkAbout04/25/13IM The meeting was called to order by Chair GRIFFITH at 7:11 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present: Alternates Present: 0 Staff Members Present: No one wished to speak at this time. Tom Abbott Janet Bell Paul Griffith R-%W� David Kuntz Em Meredith Reckert, Sr. Planner Lauren Mikulak, Planner 11 Kim Waggoner, Recording Secretary A. Case No. WA-13-03: An application filed by Douglas Small for approval of a 34- foot variance from the I 00-foot minimum lot width requirement to allow a two- family dwelling on property zoned Residential-Two (R-2) and located at 41 Upham Street. The case was presented by Lauren Mikulak, She entered all pertinent documents into the record including two written comments which had been received and advised the Board there was jurisdiction to hear the case. Ms. Mikulak reviewed the staff report and digital Board of Adjustment Minutes April 25, 2013 presentation. Having found the application in compliance with a majority of the review criteria, staff gave a recommendation of approval. Ms. Mikulak commented that the subject site was never subdivided so it did not go through a formal process to review its size and width. Historically, in Wheat Ridge land was transferred simply by writing a legal description. Board Member KUNTZ asked if the architectural examples in the presentation can be added to the conditions. Ms. Mikulak stated the zoning code has no architectural requirements for single and two-family dwellings, but the Board of Adjustment has the authority to approve the request with conditions. In response to a question from Board Member PAGE, Ms. Reckert stated the fence on the north side is an encroachment on the property per the evidence the applicant provided. Board of Adjustment Minutes April 25, 2013 Board Member HOVLAND clarified a single family home can be built on the subject lot without a lot width variance. Ms. Mikulak confirmed this is correct. Board Member BELL commented that if the remaining structure had been used as a rental space, the historical use of the property has been two dwelling units. The request would not result in an increase in traffic on Upham since there had previously been two dwellings on the property. Mr. Small confirmed the accessory structure has a stone wall with a fireplace. It has a full bath, furnace and an area where the kitchen was and it has been plumbed. It has been lived in at some point. Board Member PAGE asked if a duplex can be divided and sold to two separate parties, Ms. Reckert confirmed that a duplex split allows for purchase of individual living units without subdividing the land. This includes a party wall agreement and is processed through the County. Board of Adjustment Minutes April 25, 2413 Ms. Mikulak confirmed that detached dwelling units are not allowed; if two units are constructed on the property they are required to be under the same roof. Board Member BELL asked if housing diversification is one of the goals and mission of the City. Ms. Reckert stated yes, and noted that the City is completing a Housing Diversification Study to look at the housing needs for starter families and the growing senior population. In response to an earlier question, the applicant stated the red truck on the property shown in the aerial belongs to a neighbor and it will be moved. Chair GRIFFITH opened the public hearing. He swore in as a group those people in the audience who wished to speak. Rolly Sorrentino 4175 Teller St. Mr. Sorrentino stated he submitted a letter and asked the Board if they received a copy. The Board acknowledged receipt of the letter. Mr. Sorrentino deferred to speak last. Lynne Martinelli 4240 Upham St. Ms. Martinelli did not speak at the podium, but indicated that she agreed with reasons already stated in opposition. Board of Adjustment Minutes April 25, 2013 FlIVII& Ms. Capra expressed concerns that approval of the variance would establish a precedence to allow duplexes. She expressed concerns with the amount of rental properties in the City and neighborhood, Ms. Reckert stated about 50% of residences are rented in Wheat Ridge. Angelo Martinelli 4240 Upham St. Mr. Martinelli did not speak at the podium, but indicated that he agreed with reasons already stated in opposition. Mr. Whaley had concerns related to the location of the shared property line in relation to an existing fence. He requested a survey be completed before any decisions are made. Mr. Whaley explained the rear structure was livable space but was not rented. Part of it was used for the keeping of animals. Board Member BELL clarified a duplex is two living spaces not a multifamily apartment house. She commented that a single family residence can have as many or more vehicles as a duplex. Ms. Reckert stated because only 25% of the lot is required to have landscaping, the remainder of the open area can be used for parking on site. Regarding the property line and fence, Ms. Reckert suggested the neighbors participate in a survey, the City does not require it or get involved in property line disputes. MTOMIM 4195 Teller St. Ms, Shaw stated she originally was opposed, but she appreciates the applicant's plan and his interest in developing the property. She stated her support for the proposal. Al Leos 4221 Upham St. Mr. Leos did not speak at the podium, but indicated that he agreed with reasons already stated in opposition. Board of Adjustment Minutes April 25, 2013 Rolly Sorrentino 4175 Teller St. Mr. Sorrentino provided a brief history of the property and stated that he had previously surveyed the property. Chair GRIFFITH reiterated a survey dispute is not part of the variance request. Mr. Sorrentino referred to the zoning map and alleged the R-2 area is all single family residences. He expressed concern that a duplex will change the character of the neighborhood and will set a precedent. Mr. Sorrentino commented on each variance criteria and expressed his opposition to the variance request. In response to a question of lot area, Ms. Mikulak stated the lot area is not being disputed. Evidence indicates the property meets the minimum lot size for a duplex in the R-2 zone district. Chair GRIFFITH reiterated the Board will consider the evidence which indicates the property meets the minimum lot size for a duplex in R-2. Mr, Sorrentino observed that the subject property is the only property that does not have a sidewalk. A. sidewalk will further encroach on the property and reduce the lot size, Board Member BELL asked Mr. Sorrentino to speak to the width of the lot which is being considered. Mr. Sorrentino stated the property is too small for a duplex. Chair GRIFFITH read into the record an email of support from Andy Horn at 7175 W. 42 Ave. Board Member ABBOTT stated there was a lot of discussion of the proposed duplex being a rental. He observed a condo, duplex, or single family home could all potentially be either renter- or owner-occupied. Ms. Mikulak stated that the City cannot regulate and does not track whether someone owns a property or rents a property. The Board discussed the diversity of Wheat Ridge, the merit of the variance, the fact that the City doesn't control who rents or owns a dwelling, and the historical utilization of the property in the past. Board of Adjustment Minutes April 25, 2013 oricai use or Me property and because there will not be an increase in the use. owneu uP land. c reqitest Yor a ctupiex on Ine lot given the narrow lot width, Ms. Mikulak stated if a parking condition is added to the motion, the zoning code requires four on-site parking spaces per unit if there is no street parking available, Board Member KUNTZ expressed concern about making a condition that requires all parking on site since there is street parking available. I KIM WHEREAS, application Case No. WA-13-03, applicant name Doug Small, location at 4110 Upham St. WHEREAS, the application Case No. WA-13-03 was not eligible for administrative review; and recognition that there were 11 objections registered against and 3 statements of support registered for; and out aetrimen o Me pu 1 welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE IT BE RESOLVED that the Board of Adjustment applica Case No. WA-13-03 be, and hereby is APPROVED. i TYPE of VARIANCE: A 34-foot variance from the 100-foot lot width requirement allow a two-family dwelling on property zoned Residential-Two (R-2) and located at 4110 Upham Street. i For the following reasons: Chair GRIFFITH called for a vote and advised that a super majority of 5 affirmative votes would be required for approval. The motion was approved by a vote of 5 — I with Board Member PAGE voting no. There was no old business to address. It was moved by Board Member BELL and seconded by Board Member HOVLAND to approve the minutes as written. The motion passed 5-1 with Board Member Kuntz abstaining. 1. Board Member David Kuntz was welcomed to the Board of Adjustment. 2. Chair Paul Griffith was congratulated for his first meeting serving as Chair. 3. Wade Sanner has taken the position with the City as Planner I and will be relocatint to CO at the end of May. He will be takine over oresentati*ns to t1re Ruwatogolwax-4114talumn Board of Adjustment Minutes April 25, 2013 The meeting was adjourned at 9:43 p.m. i i ice Ch ly I go, iar ly 4 9, 0 , I # Board of Adjustment Minutes April 25, 2013