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HomeMy WebLinkAbout1990-06-13 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO JUNE 13, 1990 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairperson Lighthall at 7:30 p.m. Members present: Seymour, George, Lighthall, Shaffer, Cohn, and Waldman. Members absent: Welker with prior notice. Also present: Dorothy Romans, Staff Advisor Steve Ozburn, Code Enforcement Officer The Chairperson stated that with six members present, five affirmative votes would be required to grant an appeal or variance and that the Board is authorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. APPROVAL OF MINUTES Board Member Seymour moved that the minutes of May 9, 1990 be approved as written . Board Member Cohn seconded the motion. All members present voted in favor of the motion, and the Chairperson ruled the Minutes of May 9, 1990, were approved as written. APPROVAL OF FINDINGS OF FACT Board Member Seymour moved that the Findings of Fact in Case #4-90 be approved as written. Board Member Cohn seconded the motion. All members voted in favor of the motion, and the Chairperson ruled the Findings of Fact for Case #4-90 were approved as written. PUBLIC HEARING CASE #5-90 3229 1/2 South Lincoln Street The Chairman opened the public hearing for Case #5-90, for the annual review of the automobile repair business at 3229 1/2 South Lincoln Street. Dorothy Romans Planning Administrator was sworn in for testimony. She explained that this review was of the variance granted July 11, 1984 to Mr. Cullifer to operate an automobile repair business in a 8-1 Business District. The following conditions were imposed: that the variance be granted to Mr. Cullifer only; that the - 1 - business be reviewed annually; that there be no more than four cars waiting for service; that no cars being serviced be parked outside of the • structure; that no cars waiting for service or being serviced be parked off the property on the street; that no equipment or materials be stored outside of the enclosed structure; and that all work be performed within the enclosed structure. Mrs. Romans stated that the automotive repair business at 3229 1/2 South Lincoln Street was not a permitted use in the B-1 Business District. The conditions as stipulated from the variance on July 11, 1984 were reviewed in 1985, 1986, 1987, and 1988. Steve Ozburn Code Enforcement Officer was sworn in for testimony. Mr. Ozburn stated that he visited the site on two different occasions and documented these inspections with instant photographs (Exhibits A and B). During the first inspection on May 8, 1990, he observed that car repair was being done, cars were parked outside of the building, and that a total of 12 cars were on the premises. During the second visit on June 8, 1990, Mr. Ozburn documented a total of 14 vehicles: 10 cars parked outside, and 4 cars being worked on inside. When questioned by the Board, Mr. Ozburn said he conversed with Mr. Cullifer on both occasions, explaining to him that it was apparent that there were more vehicles on the premises than permitted under the variance. Mr. Cullifer agreed and stated he realized that he would have to give the matter considerable consideration. Mr. Cullifer further stated to Mr. Ozburn that he intended to take action to rectify the situation. The Chairman asked the applicant to come forward for testimony. Mr. Michael Cullifer 3229 1/2 South Lincoln Street was sworn in for testimony. He stated that he was aware that he was in violation of the conditions of the variance with the current number of cars on his premises. He explained that since the variance was granted in 1984, his business has outgrown the premises and reached a point where the only solution is to rent some inside storage. The Board asked that Mr. Cullifer explain and define the exact type of services his business offered and performed. Mr. Cullifer answered that he does all phases of auto work from stripping down a vehicle to complete restoration. Mr. Cullifer explained that there are times when a car is in a stripped down condition, and stays in that phase until the necessary parts are obtained. Because of the type of vehicles he works on, (English cars such as TR's and MG's), it is difficult to readily get parts, and sometimes he has to special order or import them. He admitted . to "storing" some of the cars on the property while waiting for the necessary parts. Mr. Cullifer added that some of the cars he purchased were for "parting out" to complete existing cars, and that others were purchased "as is'' with plans for complete restoration. - 2 - • • • • • When Mr. Cullifer was questioned if he would considered moving his business to a properly zoned area, he stated that his present rent is reasonable due to the fact he resides on the same premises as the business is operated. He added that he had looked into inside storage buildings and found the rent too steep to be economically feasible. One site he found was $200 a month; but only 10 cars could be stored and with having up to 20 cars on hand, that would not have rectified the problem. In addition, the site did not have an enclosed structure. Mr. Cullifer concluded that he realized he would have to clean out 8 to 9 cars, both personal and business, in order to operate within the variance agreement. There were no further questions, and no other speakers for or against the case. The Chairperson incorporated the Staff Report and photographs into the record and closed the public hearing. BOARD MEMBER SEYMOUR MADE A MOTION FOR CASE #5-90, THAT MICHAEL CULLIFER OF 3229 1/2 SOUTH LINCOLN STREET BE GRANTED AN EXTENSION OF VARIANCE #20-84 TO PERMIT THE CONTINUED OPERATION OF THE AUTO REPAIR BUSINESS AT THE SUBJECT PROPERTY IN THE B-1, BUSINESS DISTRICT. Board Member Cohn seconded the motion. Discussion ensued . Chairperson Lighthall suggested that the motion be amended requesting Mr. Cullifer's appearance in 60-days so that the members could review his effort(s) in finding storage for the excess vehicles in order to meet the conditions of the variance. Board Member Seymour agreed to amend the motion for Case #5-90 to read: THAT MICHAEL CULLIFER OF 3229 1/2 SOUTH LINCOLN STREET BE GRANTED AN EXTENSION OF VARIANCE #20-84 TO PERMIT THE CONTINUED OPERATION OF THE AUTO REPAIR BUSINESS AT THE SUBJECT PROPERTY IN THE B-1, BUSINESS DISTRICT UNTIL AUGUST 8, 1990. Board Member Cohn who had seconded the motion, also agreed to the amendment. The members locked in their votes, and gave their findings as follows: Mr. Seymour said he voted yes on the basis that no complaints were received by the neighbors. He reiterated his concern that Mr. Cullifer take serious steps to meet the conditions of the variance, especially #3 ("that no more than 4 cars ... "). Ms. George voted yes, expressing her concern that Cullifer should make considerable effort to abide by the conditions of the variance. Mr. Waldman said he voted yes because the variance met the 5 rules for granting a variance and that evidence showed it would not adversely affect the neighborhood. - 3 - Ms. Shaffer concurred stating the Mr. Cullifer must adhere by the conditions of the variance. Ms. Cohn said she voted yes for a number of reasons. She felt Mr. Cullifer appeared earnest about rectifying the illegal number of cars on the site. She felt Mr. Cullifer testified that he fully intended to comply with the conditions of the variance, and that he would find storage for the excessive number of cars. Ms. Lighthall voted yes commenting that Mr. Cullifer needed to take immediate action to meet compliance. She stated that Mr. Cullifer would have to make substantial changes to prove to the Board that he was serious about meeting the conditions of the variance. When the votes were displayed, 6 members had voted for the amended motion. The Chairperson stated the motion, as amended, was approved, and the variance granted until August 8, 1990. The Chairperson announced the decision and added that the Board request that Code Enforcement Officer Ozburn monitor Mr. Cullifer's progress. PUBLIC HEARING -CASE #6-89 782 East Amherst Place The Chairperson opened the public hearing for Case #6-90 for Darryl Dummer at 782 East Amherst Place. The Chairperson stated she had proof of publication and proof of posting. It was stated that the Board is authorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. Dorothy Romans Planning Administrator Mrs. Romans stated that the applicant, Darryl Dummer, has requested a variance from Section 16-4-2 I, the total minimum side yard in the R-1-A, Single-family Residence District. The minimum total side yard in the R-1-A District is 18 feet; Mr. Dummer has requested a variance to permit a total side yard setback of 13 in order to enlarge an existing attached garage. The Chairperson asked the applicant to come forward for testimony. Darryl Dummer 782 East Amherst Place was sworn in for testimony. Mr. Dummer submitted three (3) letters of approval from the adjacent neighbors (as Exhibits 1-3), stating that they did not oppose the variance. Mr. Dummer stated he had investigated two possibilities of housing his vehicles. One proposal was an addition to the existing garage, leaving the brick wall of the existing garage in plac~, so the garages would share the common wall. The new garage would exit onto East Amherst Place. Mr. Dummer explained he would widen the driveway to a maximum of 25 feet in front which would accommodate both garages. He added each garage would have their own garage door with entrance from East Amherst Place. - 4 - •• • • • • • The other proposal he had considered would be extending 8 to 9 feet to the east of the existing garage, entering from the east side off South Clarkson Street. The proposal of the addition to the east would require a curb cut, removal of the brick wall of the existing garage, require a double garage door, and a new 25 foot driveway. With the second proposal, Mr. Dummer said he would have had to remove the concrete driveway on East Amherst Place and fill-in the area with grass. There were no further questions or speakers. The Chairperson made the staff report and Exhibits 1, 2, and 3 part of the record and closed the public hearing. BOARD MEMBER WALDMAN MOVED THAT IN CASE #6-90, DARRYL DUMMER, PROPERTY OWNER OF 782 EAST AMHERST PLACE, BE GRANTED A VARIANCE TO SECTION 16-4-2 I, THE TOTAL MINIMUM SIDE YARD IN THE R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT. THE MINIMUM TOTAL SIDE YARD SETBACK IN THE R-1-A ZONE DISTRICT IS 18 FEET; MR. DUMMER REQUESTS A VARIANCE TO PERMIT A TOTAL SIDE YARD SETBACK OF 13 FEET IN ORDER TO ENLARGE AN EXISTING ATTACHED GARAGE, MAINTAINING ACCESS TO EAST AMHERST PLACE. Board Member Shaffer seconded the motion. The members locked in their votes and gave their findings as follows: Board Member Seymour said that he voted against the variance, stating that aesthetically he did not like the structure "sticking out towards Clarkson" and that it would not be in line with the surrounding houses, thus cutting down on the open site line of the street. Board Member George stated that she voted for the variance because Mr. Dummer's proposal for exiting on East Amherst Place was better than exiting onto a busier street like South Clarkson. She stated by granting the variance it would not adversely affect the neighborhood. Board Member Waldman said he voted for the variance, stating the request observes the spirit of the Ordinance. Board Member Shaffer said she voted for the variance, stating that the neighbors did not object t o the variance and that granting the variance would not adversely affect the neighborhood. Board Member Cohn said she voted in the affirmative, because the variance met the five considerations in granting a variance. Chairperson Lighthall said she voted for the variance, stating she did so for a number of reasons. She said the variance meets the conditions required for granting a variance; that it is the minimum logical variance that could be allowed and still maintain the integrity of the neighborhood. Ms. Lighthall also added that Mr. Dummer's proposal of exiting onto Amherst instead of South Clarkson would allow the greenbelt area on Clarkson to remain, that the brick wall on the existing garage would not have to be removed, and that a curb cut would not be necessary. -5 - When the votes were displayed, the decision was 5 members for the variance, with one member voting against the variance. The Chairperson announced the request as granted, with a reminder to Mr. Dummer that he must file for a permit and begin work within the 6-month time frame. DIRECTOR'S CHOICE: None. BOARD'S CHOICE: The Chairman thanked the staff for their follow-up results with Mr. Ross Crawford operating an illegal home occupation at his residence at 1420 East Cornell Avenue. After some discussion, the Board requested the staff to continue to monitor the situation. There being no further business to come before the Board, the meeting adjourned at 9:05 p.m. Re$pectfully submitted. Cathie Mahon, Recording Secretary - 6 - • • •