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HomeMy WebLinkAbout3-28-241. `� `J`I h' atR�idge BOARD OF ADJUSTMENT Minutes of Meeting March 28, 2024 CALL MEETING TO ORDER The meeting was called to order by Chair PAGE at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29t" Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Board Members Present 3. 4. Alternates Present: Board Members Absent: Staff Members Present PUBLIC FORUM No one wished to speak at this time. PUBLIC HEARING A. Case No. WA-24-01: Thomas Burney Michael Griffeth Paul Hovland Betty Jo Page Larry Richmond Laura Sicard Alastair Huber Jana Easley, Planning Manager Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary The case was presented by Alayna Olivas-Loera. 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 16-foot-5-inch (65.67%) variance from the required 25-foot side yard setback for an attached garage in the Residential -Two (R- 2) zone district and located at 3795 Holland Street. Board of Adjustment Minutes March 28, 2024 Staff recommends approval of this variance. There are unique circumstances attributed to this request that warrant approval. In response to a question from Chair PAGE, Ms. Olivas-Loera explained the yellow color on the map represents Residential -One (R-1) and the green color represents Residential -Two (R-2) zone districts. Public Comment Chair PAGE opened the public comment. Julie Clark, resident 3821 Holland Street Ms. Clark commented that she would like to see the juniper bushes removed along 381h Avenue to better improve the sight visibility for vehicles on Holland Street. Chair PAGE closed the public comment. Members HUBER and HOVLAND mentioned they will support this variance and think it is good for the property. Upon a motion by Member HUBER and seconded by Member SICARD, the following motion was stated: WHEREAS, application Case No. WA-24-01 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; and NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No. WA-24-01 be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a 16-foot-5-inch (65.67%) variance from the required 25-foot side yard setback for an attached garage in the Residential -Two (R-2) zone district and located at 3795 Holland Street. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the neighborhood; the proposed location of the garage is likely the least impactful option and is the most consistent with historic conditions. Board of Adjustment Minutes March 28, 2024 2 2. The applicant is proposing a substantial investment in the property that may not be possible without the variance. 3. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship, notably the presence of mature trees, a change in grade, and the corner lot configuration. 4. The unique physical hardship has not been created by anyone 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. 6. The unusual circumstances or conditions are present in the neighborhood and are not unique to the property. 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. 2. A building permit shall be submitted to the Building Division within 180 days of variance approval. Motion approved 7-0. B. Case No. WA-24-02: The case was presented by Alayna Olivas-Loera. She entered the contents of the case file and packet materials, the zoning ordinance, and the digital presentation into the record along with 6 additional objection emails. 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 7.5-foot (50%) variance from the required 15-foot side yard setback for a residential addition and attached garage in the Residential -One (R-1) zone district and located at 23 Skyline Drive. Staff recommends approval of this variance. There are unique circumstances attributed to this request that warrant approval. Darrin Hammerschmidt, applicant 23 Skyline Drive Mr. Hammerschmidt gave a brief history of the property including the transmission line easement and property setbacks. He mentioned a pre -application meeting in March of 2020 with staff, regarding the design of his project and thought an administrative variance would suffice. Board of Adjustment Minutes March 28, 2024 3 In response to multiple questions from the board members, Mr. Hammerschmidt explained that he had two options for building the addition, the first being a single - story design which is preferred, and it would also save the ash tree in the courtyard. The second would be a 2-story addition in which the tree would not be saved, and the project would be more costly. He said he wanted to be cognizant of the neighborhood and all the ranch houses that are in close proximity. He added that if he followed the setbacks, he would not have adequate space for the new garage. Member GRIFFETH asked if there is any value or code requirement placed on the trees by the City. Ms. Olivas Loera clarified that there is no code requirement on existing trees but explained that because this is an established neighborhood there is a value on mature trees. In response to a question from Member Sicard, Ms. Olivas-Loera confirmed there is nothing written in the Code that will preserve the view of other property owners. Members PAGE and GRIFFETH inquired about the thick, overgrown brush on the property line fence and if it blocked the view of his neighbor, Ms. Wojewoda. Mr. Hammerschmidt explained that he has trimmed back the thick brush on his side of the fence but can't speak to if the brush on her side blocks a view. Public Comment Chair PAGE opened the public comment. Keith Hall, speaking on behalf of Peggy Wojewoda 6290 W. 111 " Avenue, Westminster Mr. Hall briefly explained how this addition variance would impact Ms. Wojewoda with the loss of her view. He believes the addition can be "scootched" so there will not be an encroachment to the setback. Richard Orcutt, resident 10033 W. 301" Avenue, Wheat Ridge Mr. Orcutt has lived in the area for 60 years and is undecided on this variance and believes this is an important issue of what constitutes a variance. He mentioned he has concerns with a two-story addition being built in this neighborhood and of course construction can cause issues as well. Jordan Kessler, speaking on behalf of Peggy Wojewoda 7671 Windy Court, Arvada Mr. Kessler expressed his concern that the addition variance will devalue Ms. Wojewoda's property/house. He mentioned he would not have recommended Ms. Board of Adjustment Minutes March 28, 2024 4 Wojewoda purchase her house 34 years ago if the next -door addition was in place and added that homes in this neighborhood were built for the views and buyers pay more for a view. Chair PAGE closed the public comment. Board Member BURNEY addressed the board and disclosed that he had previous conversations with the applicant about the addition. Ms. Easley directed several questions to Board Member BURNEY to determine whether he had a conflict of interest and could make a fair and impartial decision. Upon finding no conflict and the ability to make a fair and impartial decision, the meeting continued. Mr. Hammerschmidt clarified he has no intention of hindering anyone's property values. Member BURNEY asked whether there is room for compromise by relocating the addition 2.5 feet farther from the neighbor's fence, although it may cause the tree to be removed. He thought it would be a nice gesture for Ms. Wojewoda and wouldn't eliminate the courtyard. Mr. Hammerschmidt said that moving the addition 2.5 feet is doable but will still require a variance into the 15-foot setback and believes is still does not solve Ms. Wojewoda's complaint. Chair PAGE reopened the public comment. Mr. Hall asked if the ash tree has been treated for ash borer. He mentioned that Ms. Wojewoda believes the lesser of two evils is for a second story addition to be built within the required setbacks and wishes Mr. Hammerschmidt would uphold the City's development standards. Chair PAGE closed the public comment. There was board discussion around reducing the setback deviation. Ms. Easley explained that the board has a discretionary role and could approve a lesser variance if they find the hardship is not self-imposed and as long as the board's decision is based on sound judgement and not arbitrarily applied. Upon a motion by Member HOVLAND and seconded by Member HUBER, the following motion was stated: WHEREAS, application Case No. WA-24-02 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 Board of Adjustment Minutes March 28, 2024 5 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-24-02 be, and hereby is, APPROVED. TYPE OF VARIANCE: Request for approval of a 7.5-foot (50%) variance from the required 15-foot side yard setback for a residential addition and attached garage in the Residential -One (R-1) zone district and located at 23 Skyline Drive. FOR THE FOLLOWING REASONS: 1. The variance would not alter the essential character of the neighborhood. 2. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship, notably an irregular lot shape, overhead transmission lines, and mature trees. 3. The unique physical hardship has not been created by anyone having an interest in the property. 4. 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. 5. The unusual circumstances or conditions are present in the neighborhood and are not unique to the property. 6. The proposed single -story design with a variance is likely less impactful than an alternative two-story design without a variance. WITH THE FOLLOWING CONDITIONS: 1. The location of the addition and attached garage shall be consistent with representations depicted in the application materials subject to staff review and approval through review of a building permit. 2. Existing trees as depicted on the site plan shall be protected and preserved during construction. Best practices to maintain long-term tree health for the applicable species are encouraged. 3. A permit application for the structure shall be submitted to the Building Division within 180 days of variance approval. Motion approved 6-1 with Member BURNEY voting against. 5. CLOSE PUBLIC HEARING Chair PAGE closed the public hearing. 6. OLD BUSINESS 7. NEW BUSINESS Board of Adjustment Minutes March 28, 2024 6 A. Approval of Minutes — October 26, 2023 It was moved by Board Member GRIFFETH and seconded by Board Member HUBER to approve the minutes as written. Motion approved 7-0. B. Upcoming Dates Ms. Easley mentioned there will be a meeting for training in the near future and will know in a week if there will be a meeting held in April. She added that all members are welcome to attend the City Council meeting on April 1 for a Boards and Commissions update. Ms. Easley also let the Board know about the new Bylaws and Code of Ethics which were handed out to each of them. She mentioned there is a change to the attendance, term -limits will be restricted to two term limits, and each term is three years. Also, if you move out of district to please alert the City Clerk. C. Member Updates Ms. Easley announced there will be a new board member at the next meeting and welcomed Amanda Rodriguez. 8. ADJOURNMENT It was moved by Member GRIFFETH and seconded by Member SICARD to adjourn the meeting at 8:40 p.m. Motion approved 7-0. Tammy Odeon,' Recording Secretary Board of Adjustment Minutes March 28, 2024