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HomeMy WebLinkAbout12-10-201. 2. 0 4. 5. 11�( City of l W heat j�idge BOARD OF ADJUSTMENT Minutes of Meeting December 10, 2020 CALL MEETING TO ORDER The meeting was called to order by Vice Chair PAGE at 7:03 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 PLEDGE OF ALLEGIANCE PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING A. Case No. WA-20-05 Dan Bradford Michael Griffeth Paul Hovland David Kuntz Betty Jo Page Robert DeVries Julianne Stern Tiamo Wright Janet Bell Larry Richmond Laura Sicard Lauren Mikulak, Planning Manager Zareen Tasneem, Planner I Tammy Odean, Recording Secretary Board of Adjustment Minutes December 10, 2020 1 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 two variances: A) a 20-foot (80%) variance from the 25-foot rear yard setback requirement for a rear yard which abuts a public street, and B) an 11-foot (45.8%) variance from the maximum allowed curb cut width of 24 feet for a detached garage to be constructed on property zoned Residential -Two (R-2) and located at 3655 Holland Court. The proposed garage 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. Carle Maes, applicant 3655 Holland Ct., Wheat Ridge Mr. Maes explained that he relocated from Arvada because they love the Wheat Ridge area and they like the single-family ranch house they are in even though the property is a little small. He mentioned they are adding on to the house and want a larger garage to park their cars in. He also thanked staff for helping him through the process. Member WRIGHT asked if all 3 cars will fit in the garage. Mr. Maes confirmed that their cars will be parked in the garage and, due to the 5 ft. setback, nobody will be able to park in front of the garage. Member DE VRIES asked if anyone parks their cars on Hoyt Street. Mr. Maes replied that occasionally, there are cars parked on Hoyt Street, but not consistently. Member BRADFORD inquired if the garage will be used for any major auto repair business use. Mr. Maes said no. Member HOVLAND asked where visitors park when they come to visit. Mr. Maes explained that typically any visitors park on Holland Court in front of the house. Member STERN asked for confirmation from Staff if street parking is allowed on Hoyt Street. Board of Adjustment Minutes December 10, 2020 2 Ms. Tasneem explained parking is allowed by permit only during the day on weekdays. Ms. Mikulak added that, per Code, a single-family home is required to have 4 parking spaces, which can be a combination of on -site and off -site (on -street) parking. It is not required that there be a driveway to accommodate parking. Member PAGE asked if there is any concern with Hoyt Street being narrow. Mr. Maes commented that there is a concern backing out of the garage and will be cautious when doing so. He added he might place mirrors to better see pedestrians and cars on Hoyt Street. Ms. Mikulak mentioned that while substandard for a street, Hoyt Street is a public street and is wider than some of the alleys in the City. Members DE VRIES and HOVLAND think the plan has been well thought out and is a good one. Mr. KUNTZ added that he did not think the letter submitted to the City was an issue and liked the plan as well. PUBLIC COMMENT Nobody wished to speak. Upon a motion by Member HOVLAND and seconded by Member BRADFORD, the following motion was stated: WHEREAS, application Case No. WA-20-05 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 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-20-05 be, and hereby is, APPROVED TYPE OF VARIANCE: Requesting approval of two variances on property located in the Residential - Two (R-2) zone district in order to construct a new detached garage in the rear yard: • Request A: a 20-foot (80%) variance from the minimum 25-foot rear yard setback requirement for a rear yard which abuts a public street, resulting in a 50-foot setback • Request B: an 11-foot (45.8%) variance from the maximum allowed curb cut of 24 feet, resulting in a 35-foot curb cut. FOR THE FOLLOWING REASONS: Board of Adjustment Minutes December 10, 2020 1. The variance would not alter the essential character of the neighborhood. 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The lot being a through lot presents a particular and unique physical hardship for the property. 4. The alleged difficulty or hardship has not been created by persons presently having an interest in the property. 5. The granting of the variances would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 6. Unusual circumstances or conditions necessitating a variance request are present in the neighborhood. WITH THE FOLLOWING CONDITIONS: 1. The design and architecture of the proposed garage shall be consistent with representations depicted in the application materials, subject to staff review and approval through review of a building permit. Motion carried 8-0. 6. CLOSE PUBLIC HEARING Vice Chair Page closed the public hearing. 7. OLD BUSINESS 7. NEW BUSINESS A. Approval of Minutes — October 24, 2019 Member HOVLAND noted a correction in the first line to correct the person who called the meeting to order. It was moved by Board Member KUNTZ and seconded by Board Member GRIFFETH to approve the minutes as amended. Motion passed 5-0-3 with Board Member STERN, DE VRIES and WRIGHT abstaining. B. Waiver of Bylaws — Election of Officers It was moved by Board Member KUNTZ and seconded by Board Member DE VRIES to suspend the Board's bylaws as it relates to Election of Officers until such time the topic is revisited in 2021 and to retain Betty Jo Page as Vice Chair. Motion passed 8-0. Board of Adjustment Minutes December 10, 2020 4 8 C. Ms. Mikulak thanked the Board for being adaptable with virtual format and for their time given to the board despite the inconsistent meeting schedule. ADJOURNMENT Vice Chair PAGE adjourned the meeting at 7:45 p.m. Betty Jo a , Vice C air Tammy Odean, ecording Secretary Board of Adjustment Minutes December 10, 2020