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HomeMy WebLinkAbout02-25-211. 2. 3. City of Wheatjdge BOARD OF ADJUSTMENT Minutes of Meeting February 25, 2021 CALL MEETING TO ORDER The meeting was called to order by Vice Chair PAGE at 7:06 p.m. This meeting was held virtually, using Zoom video -teleconferencing technology. As duly announced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated by this virtual meeting format. ROLL CALL Board Members Present: Alternates Present: Board Members Absent: Staff Members Present PUBLIC FORUM No one wished to speak at this time. Dan Bradford Michael Griffeth Paul Hovland Betty Jo Page Laura Sicard Julianne Stern Tiamo Wright Janet Bell David Kuntz Larry Richmond Lauren Mikulak, Planning Manager Zareen Tasneem, Planner I Tammy Odean, Recording Secretary Board of Adjustment Minutes February 25, 2021 4. PUBLIC HEARING A. Case No.WA-21-03: The case was presented by Zareen Tasneem. She entered the contents of the case file and packet materials, the zoning ordinance and the digital presentation into the record. She stated all appropriate notification and posting requirements have been met and advised the board there was jurisdiction to hear the case. She reviewed the presentation and staff report. The applicant is requesting approval of a 39-foot (39%) variance from the 100-foot lot width requirement. The purpose of this variance is to allow for the construction of an additional unit on the property zoned Residential -Three (R-3) and located at 3711 Pierce Street. The proposal would meet all other development standards including height and maximum size. Staff recommends approval of this variance. There are unique circumstances attributed to this request that warrant approval. Member GRIFFETH asked to have parkland dedication fees be explained. Ms. Tasneem explained the code requirement that applies when a new dwelling unit is built; prior to issuance of the building permit process approximately $2500 is paid for parkland fees for each new unit. Ms. Mikulak added that the fee has been long established in the code and is essentially an impact fee due to the increased demand on parks and open space created by new residential development. Member HOVLAND asked that there is no park land available because this property is too small. Ms. Mikulak described that a fee in lieu is almost always required even for larger properties. Member WRIGHT asked if the only access to this property is from Pierce Street Ms. Tasneem confirmed this to be true. Member PAGE inquired if currently there are only 2 single family homes on the property. Ms. Tasneem confirmed this to be true and added that the proposed site plan will still be 2 structures: one being a single-family home and the other a duplex. Member BRADFORD wanted to know how wide the driveway will be going to the rear of the property. Ms. Tasneem clarified it is less than 18 feet wide. Board of Adjustment Minutes February 25, 2021 2 Josh Williams, applicant 3711 Pierce Street Mr. Williams mentioned he has been in Wheat Ridge since 2004 and loves the area. He also informed the Board that the new footprint of the duplex structure will be set 15 feet of the fence line and the 2nd unit of the duplex will also have its own garage. No members of the public wished to testify. Member GRIFFETH mentioned he liked the narrative and asked if the front home sits inside the front yard setback. Ms. Mikulak clarified that the structure is an existing condition and is legally non- conforming so there is no need to address that nonconformity as part of the variance approval since the front home is not being modified. Member HOVLAND likes this project and thinks it all makes sense. Upon a motion by Member STERN and seconded by Member GRIFFETH, the following motion was stated: WHEREAS, application Case No. WA-21-03 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; and NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA-21-03 be, and hereby is, APPROVED TYPE OF VARIANCE: Request for a 39-foot (39%) variance from the minimum 100-foot lot width requirement for multifamily lots to allow for an additional unit to be constructed for a total of three dwelling units on property in the Residential -Three (R-3) zone district. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the neighborhood. 2. The applicant is proposing a substantial investment which would not be possible without the variance. 3. Being an L-shaped property presents a particular and unique physical hardship for the property. Board of Adjustment Minutes February 25, 2021 3 5. 6. 7. 8. 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. 5. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. WITH THE FOLLOWING CONDITIONS: 1. The design and architecture of the proposed duplex shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a planned building group land use application and building permit. 2. Per Sec. 26-414, the applicant shall pay a fee in lieu of parkland dedication for the new dwelling unit at time of building permit. Motion carried 7-0. CLOSE PUBLIC HEARING Vice Chair PAGE closed the public hearing. OLD BUSINESS NEW BUSINESS A. Approval of Minutes — December 10, 2020 It was moved by Member HOVLAND and seconded by Board Member GRIFFETH to approve the minutes as written. The motion passed 7-0-1 with Board Member SICARD abstaining. ADJOURNMENT It was moved by Member SICARD and seconded by Member GRIFFETH to adjourn the meeting at 7:51 p.m. Motion carried 7-0. Chai* Tammy Odean, cording Secretary Board of Adjustment Minutes February 25, 2021 4