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Home My WebLink About2003 Ordinance No. 070• • • ORDINANCE NO 1Q_ SERIES OF 2003 BY AUTHORITY .CONTRACT NO, 10 b ii I 3..3.-_,/oo3 COUNCIL BILL NO . 68 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAIN IN G TO THE CONSTRUCTION OF A PORCH LOCATED AT 2931 SOUTH WASHINGTON ENCROACHING 25 FEET INTO THE REQUIRED FRONT SETBACK AND APPROXIMATELY 1.2 FEET INTO THE PUBLIC RIGHT-OF-WAY WHEREAS , Section 11-3-4 of th e Englewood Municipal Code 2000 provide s that an encroachment into public right-of-way may be granted upon compliance with certain tenn s and condition s and the issuance of an encroachment perm it ~nd indemnity agreement by the Ci ty; and WHEREAS , the house at 2931 S. Washington was built in 1947 wi th a front porch which extended into the Washington Street right-of-wa y 1.2 feel and is a nonconforming structure becau se it ext end s 25 feet into th e required front setb ack and encroached into the public right-of-way ; and WHEREAS , the roof over the front porch was damaged in the March 2003 snowstonn , and the property owner would like to replace the porch in its original location; and WHEREAS, the Englewood Board of Adjustment and Appeals granted a variance for the porch on September I 0, 2003 fo r the 25 feet up to the property line ; and WHEREAS, th e City of Englewo od received an application for an encroachment permit for the porch 1.2 feet into the public right-of-wa y from the Owner of 2931 Sou 1h Washington; and WHEREAS, th e improvement would encroach into the public right-of-wa y 1.2 feet and would be a pennanenl structure which requires City Council's action ; and WHEREAS , approval of this Ordinance wi ll authorize an "Encroachment Permit And Indemnit y Agreement" formall y re cogni zing the din":nsions of the encroachment and prohibiting the enclo sure o f the porch stru cture . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : ~I. The encroachment of 1.2 feet into the public right -o f-wa y and the 25 feel into th e required front setback is hereby granted . ~2. The "Encroachment Permit And Indemnity Agreement" attached hereto as "Attachment l ," is hereby accepted and approved by the City Council of the City of Englewood, Colorado. 2003 . Introduced, read in full , aod passed on first reading on the 6th day of October, Publi shed as a Bill for ao Ordinance on the IO'' day of October, 2003 . Read by titl e and passed on final reading on the 20'' day of October, 2003 . Published by title as Ordinance No . ~. Series of 200 3, on the 24'' day of October, 2003 . -2- • • • ·--.- • • • ATTACHMENT 1 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this ___ day of October, 2003 , between the City of Eng lewood , Colorado , a muni,cipal corporation, and Thomas D. Kelly , the owner of a certain parcel of real property legally described as : the South 18 feet of Lot 4 and all of Lots 5 and 6 of the Beal Subdivision common ly known as : 2931 South Washington Street The City of Englewood . Colorado , hereby grants to said owner of the property at the above described location permis sion to : Replace the covered front porch on the existing srructure that was damaged by the March 2003 snowstorm. These improvements . are to be located on then same footprint as the prior structure in front of the bui lding located at 2931 So uth Broadway and shall not encroach into the South Washington Street public right-of-way more than 1.2 feet. Th e aforesaid property owner and his heirs and assigns understand and agree that: I. 2, 3. 4. 5, That the property owner/contractor shall obtain all necessary permits and satisfy all conditions re,1uired for the consauction of the improvements pro posed in the pu blic right- of-way . That this permission is revocable at will and without cause by the City of Englewood without hearing and witho ut notice other than Notice of Re vocation . That the property own ers shall remove the improvements from the public right-of-way within thirty (30 ) days after receiving Notice of Revocation by personal service or certifid mail. That the property owner estopped to deny the right of the City of Eng lewood, Colorado , to revoke the Encroachment Permit or to den y the property rights of said City . That the property owner agree s to rei mburse and indemnify the City of Englewood, Colorado , for all necessary expenses of whatever nature that may be incurred in revoking thi s Permit , removing the improvements placed in the public right-of-w3y , or any other expense as a result of granting the Encroachmen t Permit. 6. All main ten ance of the improvements is the res ponsib ility of the property owner. 7 . That if th e City ever determines that the improvements are not being maintained , and as a result th e improvements represent either a safety co ncern or the visual appearance of said improvements are a de trime nt to the re sidential character of the neighborhood, then the City will provide wrincn notice that the safety or aesthetic concerns should be addressed . Tbe City Manager may give wrincn notice to the owner that maintenance must be performed or • repairs made within a specified period of time. If such repairs or maintenance arc not performed within the stated time , the City Manager may order such repairs or maintenance to be performed by the City and the expenses connected therewith shall he a lien upon the property adjacent to the improvements nntil the r"St tj)ereof is full y paid. If the assessment is not paid within thirty (30) days thereafter, toe City shali :ertify such assessment to the County Treasurer who shall place the same upon the tax li st for the cw,.:nt ye~r. tr, be collected in the same manner as other taxes arc collected, with a ten percent (10%) penalty thereon to defray collection costs. 8. That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilitie s arising from this action. 9 . That this agreement shall inure to the benefit of and be binding upon the heirs , executors, administrators, assigns, and successors of the respective panies. I 0. The encroaching porch may be covered, however the porch shall not be enclosed. IN WITNESS WHEREOF, the panics have set their hands the day and year first written above . CITY OF ENGLEWOOD a municipal corporation ATTEST: By: __________ _ Loucrishia A. Ellis , City Clerk PROPERTY OWNER By : _________ __,---,--- Beverly J. Bradshaw , Mayor By : _________ _ Ken Ross , Director of Public Works By : _________ _ Rohen Simpson, Director of Community Development By: /il A-IMAJl Cid · ll ) (\, - Thomas D. Kelly , Property Owne~ 2931 South Washington Street 2 • • COLORADO ENGINEERING & SURVEYING, INC. n·ww .cu11h1 .com EXHIBIT A NO . 200J-027J0 KELLY 3'70 8 , SHERMAN ST. STE . 2 • ENGLEWOOD , CO . 10110 (3031711 -IOH SCALE I "• 25 ' Surveying Color,do Sine• 1972 6"'"C)IM,\r( LOC lllOf,I 01 t(NC[ 1 • lf"'C..,_ c ~ I OI ~ p~ t(JIJ ~ I "ij 10.,· ~ 5 I~ ~ • ' d '"l! I ,9 ... -i --~ -., :a 116' ~ ~~ IOI J ttJI I ttJIU ~:SG»IIO£NSSW i :····· .. • FAX : !3031761 -08" 125' I 9 J I I -STORY 8R IC::K • fRAME RCSl0£NCE IIUII.OINC H[Q4l IS 18 7' roo"'""" so n I'S 1,,,J Sq. n. 200· • • • CO N CIL COM MU N I CATION Date Age nda Item Su bj ec l En croachm ent Agr ee ment October 6, 20 03 10 a ii 293 1 Sou th Was hington Str eet I nit ial ed By Public Work s I Sl aff Source Ken Ros s, Director of Publ ic Works COUNC IL GO AL AND PREV IOUS CO UN CI L ACTION Th ere has been no previous Coun ci l ac tion on th is requ es t. RECOMME ND ED ACT ION Staff reco m mends th at Ci ty Counci l approve th e att ached En croa chment Agree ment. BACKG ROUND, ANA LYS IS, AND ALTERNATIVES ID ENT IFIED The property in q ues tion is loca l ed on parl s of l ots 4,5,a nd 6 of the Bea l Subd ivisio n, w hi ch was platt ed in 1946. Th e wes t 30 fee t of W ash ing ton Slree t was dedica ted as pa rl of lhe Bea l Subdiv isio n. Th e ho use w as built in 1947. The prop erty was ann exe d in lo the Ci ty in 1955. The fr ont porch appears to have bee n buil t with th e origina l struct ure . W hen th e porch was bu ilt ii ex tended into the Washington St ree t right-of-way by 1.2 fee t. The roof over th e fro nl porch was da mage d in th e March 2003 snowsto rm, and th e pro perty owner would like to remove th e damage d po rch and rep lace th e porch in l he sa me loca ti o n. Bec au se lhe exis ting porc h was a nonco nfo rmin g str uct ure since it encroac hes 25 fee t into th e requir ed fr ont se tback, the appli ca nt had to obtain a variance fr o m lhe Board of Adj us tme nt and Appeals. The BOAA granted th e va ri ance on Sep tember 10, 2003. The Board o f Adj ustment ac tion o nl \' give s th e pr o perty owner th e autho ri ty to build up to th e property line. In orde r to rr:co nstruct th e porch in the exi!i.tin g loca ti on City Council mu st approve an encroa cl,rn •:nt ag ree ment that all ows th is stru cture to encroac h 1.2 fee t int o th e public rig ht -o f-wa y. fh e 60 fee t of right -of-way th at ex ist s for Was hin gton Stree t is sufficien t. The re is approx imat ely 12 fe et of right -o f-way ava il able behind th e bac k of walk, and staff does no t fo resee any imp rove ments, pro jec ts, or programs that wo uld nece ssi tate remo\ing or modifying tli e fron t porch on thi s res idence if it is all owed to be repla ce d. FINANUA L IMPACT No fi nan cia l imp act to th e ci ty has bee n id entified . U ST OF ATTAC HMENTS En croacl ,m ent Agr ee men t Sil e Plan