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HomeMy WebLinkAbout1990-03-14 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO MARCH 14, 1990 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, Cohn, Waldman, and Welker. Members absent: None. Also present: Dorothy Romans, Staff Advisor Becky Baker, Chief Building Inspector Walt Groditski, Code Administrator The Chairman stated that with seven members present, five affirmative votes would be required to grant an appeal or variance. He said the Board is authorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. SWEARING IN OF NEW APPOINTEES: Pat Crow, the City Clerk, administered the oath of office to Ms. Sandra George, who was re-appointed for a 4-year term (February 1990 thru February 1994); and to Linda Cohn, who was appointed to fill the term expiring February 1991. APPROVAL OF MINUTES: BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF DECEMBER 13, 1989 BE APPROVED AS WRITTEN. Board Member Lighthall seconded the motion. All seven members voted in favor of the motion, and the Chairman ruled the Minutes of December 13, 1989, be approved as written. APPROVAL OF FINDINGS OF FACT: BOARD MEMBER LIGHTHALL MOVED THAT THE FINDINGS OF FACT IN CASE #21-89 BE APPROVED AS WRITTEN. Board Member Seymour seconded the motion. All seven members voted in favor of the motion, and the Chairman ruled the Findings of Fact for Case #21-89 be approved as written . -1 - ELECTION OF NEW OFFICERS: BOARD MEMBER SEYMOUR MOVED THAT MR. WELKER ANO MS. LIGHTHALL BE RE-ELECTED CHAIRMAN, AND VICE CHAIRMAN. BOARD MEMBER WALDMAN SECONDED THE MOTION AND MOVED TO CLOSE THE NOMINATIONS. BOARD MEMBER SHAFFER SECONDED THE MOTION AND THE VOTE ON THE MOTION WAS CALLEO. They were unanimously re-elected. PUBLIC HEARING CASE #2-90. The Chairman opened the public hearing for Case #2-90, an appeal filed by Mr. and Mrs. Allen. The Chairman asked that the staff identify the request . Dorothy Romans, Planning Administrator was sworn in for testimony. She stated that the applicant was requesting an appeal from Section 9-3A-2 of the Housing Code as it might apply to the use of the basement at 3055 South Sherman as an apartment. Section 9-3A-2 requires that at least one-half of the floor area of every habitable room shall have a minimum ceiling height of at least seven (7) feet. Becky Baker, Chief Building Inspector • was sworn in for testimony. She stated that when a Housing Code Inspection was made in the basement apartment at 3055 South Sherman, • several code violations were found. A letter was sent to the property owners with the violations listed, and a conformance date was given. She stated the items were promptly taken care of, with the exception of the ceiling which had a height of less than seven (7') feet. The applicant was then called forward for testimony. Rodney Allen property owner of 3055 South Sherman Street was sworn in for testimony. Mr. Allen stated that he originally purchased the house with the understanding that the basement apartment would be used as a rental. He stated that Mrs. Allen researched the property use in the City library and wa~ able to find evidence that the premises had been occupied as a two-family dwelling with the downstairs used as an apartment since 1941. Mr. Allen was able to substantiate that the property was purchased as a two-family dwelling by the Deed of Trust which was part of the staff report, and entered into the record. When the issue of the ceiling height was discussed, Mr . Allen replied that the house was built in 1928 when the seven (7) foot requirement was apparently not a conforming factor. He said that to meet the requirement of seven (7) feet for the ceilings, the carpeting and padding could be removed, and that he did not intend to do so. - 2 - • • • • Walter Groditski, Code Administrator was sworn in for testimony. He addressed the issue of escape windows and stated that it was not an issue listed in the letter for conformance since the windows were an existing condition. As long as the existing windows were openable for necessary escape should a fire occur, the Building Department was satisfied with the existing windows. Mr. Groditski responded to the ceiling height requirement by stating he felt that a safety factor would be involved with a ceiling less than seven (7) feet, and that to go below seven feet would be considered dangerous. Mr. Allen returned to speak. He stated since purchasing the house he has spent $50,000 in renovations. In response to the discussion on windows, he said they were all above ground. In conclusion, Mr. Allen briefed the Board on plans to replace the basement apartment windows with proper escape windows when finances permit. There were no further questions or speakers for or against the request. The Chairman made the staff report part of the record, and Mrs. Romans said that the staff had no further comments. The Chairman closed the public hearing. BOARD MEMBER SEYMOUR MOVED THAT IN CASE #2-90, RODNEY L. AND JACOBA I. ALLEN, OWNERS OF 3055 SOUTH SHERMAN, BE GRANTED AN APPEAL FROM THE STRICT APPLICATION OF THE HOUSING CODE, SECTION 9-3A-2, WHICH REQUIRES THAT AT LEAST ONE-HALF OF THE FLOOR AREA OF EVERY HABITABLE ROOM SHALL HAVE AN AVERAGE CEILING HEIGHT OF AT LEAST SEVEN (7) FEET. THE APPLICANT IS TO MEET WITH THE PROVISION OF INSTALLING ESCAPE WINDOWS WITHIN SIX (6) MONTHS . Board Member George seconded the motion. The members locked in their votes and gave their findings as follows: Mr. Seymour voted in favor of the appeal because the ceiling height in question was such a small amount under the requirement, and that the windows are above-grade. Ms. George voted for the appeal on the basis _ that there is access to the outside of the structure from the garden-level doors, and that the applicant has agreed to the provision stated on replacing the windows. Ms. Lighthall voted for the appeal, adding that she felt the applicant had done a commendable job on remodeling. Ms. Shaffer voted for the appeal stating that there did not seem to be a fire hazard present due to the walk-out from the basement apartment. Ms. Cohn voted yes for the appeal on the premise that the reasons were well stated by the applicant . Mr. Waldman voted in the affirmative stating the condition did not appear to affect the neighbors in any adverse way. - 3 - Mr. Welker agreed. He added if the City Council adopts the proposed ordinance which deals with allowing the minimum ceiling height to be less than seven (7) • feet, cases such as this will not have to be heard by the Board. When the votes were displayed, all seven members voted in the affirmative. The Chairman announced the appeal was granted, contingent upon the applicant installing the windows within the six (6) month time frame. CITY ATTORNEY'S CHOICE: Assistant City Manager, Dan Brotzman was questioned by the Board on the status of Case 13-89, property at 2280 West Evans. He advised the Board that the lawsuit was in negotiations between Omni Bank and the City. He stated he was not at liberty to discuss the lawsuit because the case is in a status of redemption. DIRECTOR'S CHOICE: Dorothy Romans spoke concerning the proposed amendment to the Housing Code relative to the minimum ceiling height of basements in existing structures. She also stated that the City Council could not meet with the Board as planned on March 19th and had asked to meet with the Board Members sometime in May. Monday, May 7th at 6:00 p.m. was agreed upon. The proposed amendment to the Housing Code was read by Board Member Lighthall. Discussion ensued concerning re-wording,etc. BOARD MEMBER'S CHOICE: Chairman Welker welcomed Ms. George and Ms. Cohn. The Board Members applauded Sandy George for her delicious "Amish Spice" cake. Board Member Seymour made a motion to adjourn the meeting. The meeting adjourned at 9:00 p.m. Cathie Mahon, Recording Secretary - 4 - • •