HomeMy WebLinkAbout1989-11-08 BAA MINUTES•
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BOARD OF ADJUSTMENT AND APPEALS
ENGLEWOOD, COLORADO
NOVEMBER 8, 1989
The regular meeting of the Englewood Board of Adjustment and Appeals was
called to order by Chairman Welker at 7:30 p.m.
Members present: Seymour, George, Lighthall, Shaffer, Waldman and Welker.
Members absent: None.
Also present: Dorothy Romans, Staff Advisor
Dan Brotzman, Assistant City Attorney
APPROVAL OF MINUTES
BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF OCTOBER 11, 1989, BE APPROVED
AS WRITTEN.
Board Member Lighthall seconded the motion.
All members present voted in favor of the motion, and the Chairman ruled the
Minutes of October 11, 1989, were approved as written.
APPROVAL OF FINDINGS OF FACT
BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES #18-89 AND
#19-89 BE APPROVED AS WRITTEN.
Board Member Waldman seconded the motion.
All members voted in favor of the motion, and the Chairman ruled the Findings
of Fact for Cases #18-89, and 19-89 be approved as written.
DIRECTORS CHOICE
Dorothy Romans related to the Board that Rich Wanush had received four
petitions from citizens concerning the ruling f rom Case #16-89, 1430 East
Cornell Avenue. The residents request a reconsideration of the Board's
favorable decision, to approve the construction of a garage at the
aforemen t ioned address, which would encroach into the minimum required front
and side yard setbacks .
Board Member Lighthall asked if the present owners, Ms.Temborius and Ms.
Hofferber, sold the house, would the variance run with the new property
owners.
Board Member Seymour also questioned if the owners do not sell the house ,
would the owners still build the garage. He also questioned the possibility
of restricting the variance to go with the present property owners, and the
legality of such a proposal.
Mrs. Romans stated that during a telephone conversation with Ms. Temborius,
she was told that if the property were sold, Ms. Temboruis and Ms. Hofferber
would notify the Board immediately; if the property is not sold , the garage
would be built as proposed.
Chairman Welker reiterated that the variance would be withdrawn only if the
applicants; Ms. Temborius and Ms. Hofferber, requested that action.
Mr. Brotzman stated that he was present to advise the Board concerning the
law. He stated that the petitions would have no bearing in the consideration
of a rehearing, and that within the parameters of the law, the Board could not
reverse their decision.
Board Member Waldman asked if construction of the garage had begun, and
pointed out that if a Building Permit is not obtained within 180 days, the
variance would automatically be cancelled.
Board Member Lighthall commented that since no new evidence had been .
introduced within the 30-day limitation, the decision could not be reversed .
Ms. Shaffer stated that it was her understanding that according to Board
procedure, a variance cannot be reconsidered or withdrawn. She stated it was
her understanding that the only recourse to persons concerned with the
decision of the Board, would be to file suit in District Court.
Chairman Welker stated that in his opinion, the petitioners of the
neighborhood did not have the legal right to request an appeal or reversal of
the Board's decision after the 30-day appeal period. He addressed both the
audience and Board, stating that the understanding is that the present owners
would withdraw the variance if the house were sold, thus releasing the City
from any further obligation.
No further discussion followed.
The meeting adjourned at 8:30 p.m.
Cathie Mahon, Recording Secretary
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