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HomeMy WebLinkAbout06/26/141. 9 11 The meeting was called to order by Vice Chair GRIEGO at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29' Avenue, Wheat Ridge, Colorado, Alternates Present: Rocky Geri Dan Bradford Board Members Absent: Paul Griffith Sally Banghart Staff Members Present: Lauren Mikulak, Sr. Planner Ken Johnstone, Community Development Director Mary McKenna, Community Services Supervisor Kim Waggoner, Recording Secretary No one wished to speak at this time. Board of Adjustment Minutes June 26, 2014 Board Member PAGE asked who would regulate the rehabilitation facility if it is approved. Ms. Mikulak stated there is no provision in the code so it is unclear how it would be regulated by the City. If approved, a code amendment may be required to make sure regulations are in place for residential zone districts. Board of Adjustment Minutes June 26, 2014 2 Board member PAGE asked if staff reviewed state and other agency documentation to see what size facilities are used for different animals. Ms. Mikulak stated that type of research would be done for a code amendment. Vice Chair GRIEGO asked if there are any other options for the applicant if the vote is not in favor of the applicant. Ms. Mikulak stated there are a couple options. City Council could direct staff to initiate a code amendment which is a multi-month process. The alternative is that staff has already established that wildlife animal rehabilitation is similar to vet clinics and kennels which are special uses in agricultural zone districts. Board Member PAGE asked if this was approved where the interpretation would be memorialized. Ms. Mikulak stated that staff keeps a record of all Board interpretations, but it would not appear in the municipal code unless a zoning code amendment is completed. This is not the best way to allow a new use in the City. Board Member ABBOTT reiterated wildlife rehabilitation could occur in the sarne zone district as a vet clinic. Ms. Mikulak concurred. Board Member BRADFORD asked if the board voted in favor or opposition of the request would the applicant be allowed to continue providing wildlife rehab while going through the code amendment process. Ms. Mikulak stated she should not be doing any Board of Adjustment Minutes June 26, 2014 3 rehabilitation because it is not allowed. The state terminated her licensure process because it is not allowed in the zone district. Board Member KUNTZ asked the applicant why she didn't seek a code amendment. The applicant stated she was told an interpretation was the quickest way to appeal the decision. She stated she wanted the City to amend the code to like other communities have done such as Arvada, Broomfield, Lyons, Longmont, Boulder and Denver. Board Member BELL asked the applicant why she is seeking to do this in Wheat Ridge instead of another city that allows the use. The applicant stated she bought the house a few years ago without the intent of starting wildlife rehabilitation. She started the process with Colorado Department of Parks and Wildlife and later found out that Wheat Ridge does not allow the use in residential zone districts. Board Member PAGE inquired about facility size and animal size specifically medium sized. The applicant stated she cannot define it on behalf of the Department of Parks and Wildlife. She thinks mediums means bobcats and bigger/older raccoons. The facilities have to be approved by the Department of Parks and Wildlife. A state representative reviews the facility. Vice Chair Griego opened the public hearing. Carol Monaco 15200 Clinton St., Brighton, CO Board of Adjustment Minutes June 26, 2014 4 Ms. Monaco stated she has done wildlife rehabilitation for 5 years. Calls for bobcats are rare. The Department of Parks and Wildlife has a very rigorous licensing process. An applicant must have a sponsor that has been licensed for 3 years. An applicant must go through a learning plan and a division person will inspect the facility. This is only for rehab. The State of Colorado has very few wildlife rehabbers. un�' III 4531 Boardwalk Dr., Y-7, Fort Collins, CO Ms. Reid stated Wheat Ridge is greatly in need of the services the applicant is providing. She stated the training and regulatory process involved in obtaining a license with Colorado Parks and Wildlife is extremely rigorous. Patti Dellinger 4529 Foothills Dr., Berthoud, CO Ms. Dellinger stated wildlife rehabbers work together as a group in Colorado and nationally through the National Wildlife Rehabilitation Association (NWRA). She stated the animals are kept until they are weaned and then they are released, Ms. Mikulak addressed the board and stated the board is reviewing an interpretation, not a code amendment, and the question at hand is not whether animal wildlife should be allowed in the City, but whether it is similar to any existing category in the zoning code. Board Member ABBOTT stated this use is a need in any community and he hopes the City will pursue a code amendment. Board of Adjustment Minutes June 26, 2014 5 Board Member KUNTZ stated the use is permitted in the agricultural zone district and does not need to be extended to residential zone districts. Board Member HOVLAND stated he concurred with Board Member KUNTZ and commended the applicant on her efforts of wildlife rehabilitation. 1 1 11 vin ril llrn� 1 11 l Irl CASE NO: WA- 1 -£19 APPLICANT NAME: Mandy Black TYPE OF REQUEST: This request is an appeal of an administrative zoning determination related to wildlife animal rehabilitation in residential zone districts The appeal is a request for an interpretation that would allow wildlife animal rehabilitation in residential zone districts based on it being a similar use to the keeping of household pets and small animals and poultry as defined in Sections 26-123 and 26-606 of the Wheat Ridge Code of Laws. WHEREAS, the proposed land use was denied by an administrative officer; and WHEREAS, Board of Adjustment Case No. WA -14 -09 is an appeal to this Board from the zoning code interpretation of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law; 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, Vice Chair GRIEGO reiterated a yes vote would be in favor of the applicant's request and a no vote is to deny the applicants request and uphold the staff's determination. The Vice Chair called for a vote on the recommendation motion and the board voted. 011111116 ill Board of Adjustment Minutes June 26, 2014 6 A. Approval of Minutes — September 26, 2013 Board of Adjustment Minutes June 26, 2014