Loading...
HomeMy WebLinkAbout1989-03-08 BAA MINUTES• , • • \)If AFT MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO March 8, 1989 The regul ar meet i ng of the Englewood Board of Adjustment and Appeals was ca ll ed to order by Cha irman Welker at 7:30 p.m. Mem be r s pr e sent : Seymour, George, Lighthall, Waldman, Shaffer, Dunn and Welker. Membe r s abs ent: None. Also present: Dorothy Romans, Staff Advisor Dan i el Brotzman, Assistant City Attorney Wal t Gr odi tsk i , Code Administrator The Chairman stat ed that with seven members present, five affirmative votes would be required t o gr ant an appeal or a variance. He said the Board is au- thorized to grant or deny a varian ce by Part 3, Section 60 of the Englewood Municipal Code. APPROVAL OF MINUTES . BOARD MEMBER LI GHTHA LL MOVED THAT THE MINUTES OF FEBRUARY 8, 1989 BE APPROVED AS WRITTEN . Board Member Dunn sec onde d the motion . All members voted i n fa vor of the motion, and the Chairman ruled the Minutes of February 8, 1989 were ap pr oved as written. APPROVAL OF FINDINGS OF FA CT. BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT FOR CASES #4-89 AND #5-89 BE APPROVED AS WRITTEN. . Board Member George seconded the mot ion. All seven members voted in fav or of the motion, and the Chairman ruled the Findings of Fact for Case #4 -89 and Case #5-89 were approved as written. PUBLIC HEARING -CASE #6-89. The Chairman opened the public hearing for Case #6-89, saying he had proof of publication . He asked that th e st aff i dentify the request. Dorothy A. Romans Staff Advisor was sworn in for t est im ony. She stated that the applicants, John Bagnall and Bob Marx, owners of property located at 3928 South Pearl Street, are appealing the decision of t he Code Administrator that the basement ceil- ing height of 6'8 11 to 6'8 1/2" is in violation of the Housing Code, specifically Section 9-3A-2 of th e 1985 Englewood Municipal Code, and - 1 - 9 A ~ th ey request that the continued use of the basement as habitable area be permi t ted. Ms. Shaffer sa i d she would be abstaining from the vote and any discussion in the ca se. Ms. Shaffer is an independent real estate agent, and her office is located in th e same building as the offices of Mr. Bagnall and Mr. Marx. For this reason, sh e determined that she should abstain. John Bagna 11 Bob Marx 3701 South Broadway were swor n i n for testimony. Mr . Marx said that the ceiling height in the bas em ent measured between 3.5 and 4 inches lower than the require- ment. Th ey would l i ke to remodel and then se 11 the property. They agreed t o inst al l two escape windows and two smoke detectors that are battery ope r ated. The applicants said they had nothing to add, but would answe r any quest ions the members of the Board might have. Ms. Lighthall said s he had been in the house and they are doing a good job of remodeling. Mr. Seymou r asked about the basement stairway which is as low as six feet at one point. Walter Groditski Code Administr at or was sworn in fo r testimony. He stated that the stairway height is not an issue in t he case because it is not part of the minimum housing code, and the remodeling i s on ly being done upstairs. He agreed that the work being done was being done well . There were no ot her s peakers for or against the appeal. The Chairman inc or po ra t ed the staff report into the public record and closed the public hear i ng. BOARD MEMBER SEYMO UR MOVED THAT THE APPELLANTS, JOHN BAGNALL AND BOB MARX, BE GRANTED AN APPEAL OF A DECI SION OF THE CODE ADMINISTRATOR THAT THE BASEMENT CEILING HEIGHT OF 6'8" TO 6'8 1/2" IS IN VIOLATION OF THE HOUSING CODE, SPECIFICALLY SECTION 9-3 A-2 OF THE 1985 ENGLEWOOD MUNICIPAL CODE, ANO ALSO THAT THEY BE PERMITTED THE CONTINUED USE OF THE BASEMENT AT 3928 SOUTH PEARL STREET AS HABITABLE ARE A. The motion was seconded by Board Member Lighthall. BOARD MEMBER WALDMAN MOVED THAT AN AMENDMENT BE MADE TO REQUIRE THE INSTALLA- TION OF EGRESS WINDOWS AND SM OKE ALARMS , AS REQUIRED AND APPROVED BY THE DIVI- SION OF BUILDING AND SAFETY. Board Member Lighthall se co nde d the motion. Al l seven members vote d to amend the motion as stated. The members locked in th e i r votes on the motion as amended, and gave their findings as follows: • • Mr. Seymour said that the basement lacked only about 3.5 inches and should be • safe with egress windows and al arms. -2 - • • • Ms. George concurred that the s afety of occupants would be protected. Ms . Lighthall said that she voted for the motion as amended because of the add ed safety suppli ed by win do ws an d al arms. Ms . Dunn agre ed beca use t he egress windows and alarms would meet the require- men ts of the Divisio n of Build i ng and Safety. Ms . Shaffer said that s he ab sta ined because she works in the same building with the appellants. Mr. Waldman voted for t he mot i on because, with the conditions imposed by the amendment, there wou ld be no r i sk to public safety, and the use of the base- ment would not be im paired. Mr. Welker agreed, saying this wo uld not adversely affect or injure occupants or the surrounding area. When the votes were displayed, six members had voted in favor of the amended motion, and one, Ms. Shaffer, had abst ained . The Chairman ruled that the ap- peal was granted, and instructed the appellants to obtain the necessary build - ing permits. PUBLIC HEARING -CASE #7-89. The Chairman opened the public hea r ing for Case #7-89, for property located at 3333 South Broadway and al so known as the southeast corner of the Trolley Square Complex . Dorothy Romans Staff Advisor stated that the applicant, JWM Properties, wishes to build a covered walkway approximately seven feet wi de between the existing parking struc- ture and the sidewalk adjacent to th e Englewood Parkway at the east end of the southeast section of t he Tro lley Square complex. This is an ap- peal from the 1985 Uniform Buildi ng Code : Section 504 (b), Fire Resis- tance of Walls and Section 504 (c) Buildings on the Same Property and Table No. 5-A, 82 Occupancy and B3 , Open Parking Garages . Under the referenced sections of t he 1985 Un i form Building Code, openings are prohibited in walls between B-2 , retail use and 8-3, parking struc- ture, when they are within five f eet of each othe r . Walter Groditski Code Administrator for the City of Englew ood distributed Exhibit I, a drawing of the proposed wa 1 kway and copies of the applicable regulations. He s a id the technical issues in the Building Code had been explained in a letter to Cra i g Romary, the arch i tect for the remodel i ng of Tro 11 ey Square, i n October . Severa 1 se ct i ans of the Building Code would be violated by th e walkway. Exterior walls are sup- posed to have fire resistance and open i ng protection . The proposed walk- way would have an opening wh ere none i s permitted, and it would not be protected because of an assumed pr operty line. It would be possible to have a court yard if the openi ng were larger, but to have a completely roofed walkway at this location and of th i s size i s not possible within the code. -3 - A fire in the parking lot would permit heat to get into the walkway and under th e r oof. Ms. Lighthall asked if the walkway could be built with- out th e r oof . Mr . Groditski said it could, but it would entail the re-• moval of part of the existing roof. He said that installing sprinklers woul d not bring the walkway into conformance with the code. Crai g Romary Arc hi t ect for JWM Properties, Inc. was sw or n i n for testimony. He said that providing the walkway would contribut e to the public safety, especially in the winter time when the entrance to the upper level of the parking structure becomes very slip- pery due t o ice . In order to walk from the parking area to the Parkway, pers ons mus t cross that entrance, and it is extremely hazardous. A walk- way will r educe the chance of customers' falling and provide a passage to go from the pa r king structure to the Englewood Parkway. It is currently difficult to go to the Parkway because of traffic, and the distance is increased. In addition, deliveries would be easier if there were easy access fr om t he parking structure. Leasing would be easier for the spaces frontin g the Englewood Parkway, as well. Mr. Romary not ed t hat the purpose of the code is to prevent the hallway from trappi ng fire and smoke and facilitating the spread of fire. He also said th at by r emoving the roof, the corridor would be permitted. He said moving th e roof would present structural problems as the roof is connected t o a bearing wall. Providing doors at either end, which would also be pe rm itted, would present people using the walkway the new hazard of possibl e muggings . He also said that the parking structure is built entirely of concrete and, in his opinion, is unlikely to catch fire. The • walls of th e wa l kw ay will be fire rated and the passage well lit, which will furthe r protect the public. In respons e to quest i ons from the Board Members, Mr. Romary agreed to see that drainage i n the parking structure would not create ice outside the proposed walk way. In response to another question concerning the access to the second l evel of the parking structure, Mr. Romary said there is no "heat tape" on th e r am p, and that to add it at this point would be very difficult and pr ohibiti ve in cost. The corridor would be about seven feet wide and ten f eet high . The Chairman incorp orated th e staff report and asked if there were any further comments from staff. There were none. The Chairman closed the public hearing. BOAR MEMBER WALDMAN MOVED THAT IN CASE #7-89, JWM PROPERTIES, INC. BE GRANTED AN APPEAL FROM THE 1985 UNI FORM BUILDING CODE: SECTION 504 (b), FIRE RESIS - TANCE OF WALLS, SECTION 504 (c ) BUILDINGS ON SAME PROPERTY AND TABLE NO . 5-A, B2 OCCUPANCY AND B3 , OPEN PA RKING GARAGES. THIS APPEAL WOULD PERMIT A + 7 FOOT-WIDE COVERED WALKWAY BET WEEN THE EXISTING PARKING STRUCTURE AND THE SIDE- WALK ADJACENT TO THE ENGLEWOOD PARKWAY AT THE EAST END OF THE SOUTHEAST SEC- TION OF THE TROLLEY SQUARE COMPL EX . Board Member Seymour secon ded the motion. The members locked in their votes and gave their findings as follows: -4 - • • • • Mr. Seymour said he vo ted for the appeal because there were various matters of safety involved, and granti ng th e appeal seemed to produce more safety than denying would . Ms. George said sh e voted for the appeal because it would secure the public safety and was th e mi ni mum variance possible. Ms. Lighthall said s he vo t ed for the appeal because of the need for leasing the spaces along Englewoo d Par kw ay . Ms. Dunn said that neighboring properties would not be adversely affected, and both the City and pu bl i c wou l d be protected. Ms. Shaffer said she concurr ed with Ms. George. Mr. Waldman said he had voted for t he appeal because it will produce positive results for the area. Mr. Welker said that his concerns we r e fire safety and general public safety, and the appeal seemed to cause mor e good than harm; therefore he voted for the motion. When the votes were displayed, all s eve n members had voted for the motion, and the Chairman ru 1 ed the appeal was .g r anted. ATTENDANCE POLICY Chairman Welker called the Bo ard's attention to City Council's request for an attendance policy. It was st ated that the Board's attendance has been exem- plary, and that it does not se em ne cessary to discuss the matter; however, the Board agreed that more than t wo absences in a year would merit a questioning of priorities. DIRECTOR'S CHOICE. Mrs. Romans noted that there have be en several thefts in the building, and that it is now necessary to keep the bui lding locked except for one half hour before and after the beginning of t he meeti ngs. Interior doors will also be locked. If any of the members are aware of someone planning to come in later, they should let the staff know. If th ere ar e several cases, the time that the doors are locked will be adjusted. The meeting adjourned at 8:55 p.m. Sheryl Rousses, Recording Secretary - 5 -