Loading...
HomeMy WebLinkAbout1990-05-09 BAA MINUTES• MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO MAY 9,1990 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: Members absent: Also present: Seymour, George, Lighthall, Shaffer, Cohn, and Welker. Waldman. Dorothy Romans, Staff Advisor Dan Brotzman, Assistant City Attorney The Chairman stated that with six members present, five affirmative votes would be required to grant an appeal or variance. He said the Board is au- thorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. APPROVAL OF MINUTES Board Member Lighthall moved that the minutes of March 14, 1990 be approved as written. • Board Member George seconded the motion. • All members present voted in favor of the motion, and the Chairman ruled the Minutes of March 14, 1990, were approved as written. APPROVAL OF FINDINGS OF FACT Board Member Seymour moved that the Findings of Fact in Case #2-90 be approved as written. Board Member George seconded the motion. All members voted in favor of the motion, and the Chairman ruled the Findings of Fact for Case #2-90 were approved as written. PUBLIC HEARING CASE #4-90 3000 SOUTH DOWNING The Chairman opened the public hearing for Case#4-90, stating the Board is authorized to grant or deny a variance or appeal by Part 3, Section 60 of the Englewood Municipal Code. He said he had proof ·of publication, and posting; and asked the staff to identify the request . - 1 - Dororthy Romans • Planning Administrator was sworn in for testimony. She explained that this case has been filed by Mr. and Mrs. Barbour for a variance to Section 16-4-2-M lc(2), Minimum side yard of a detached garage in an R-1-A, Single-Family Residence Dis- trict, from 5 feet to 3 feet, and from Section 16-4-2-M d(l), Minimum rear yard of a garage if the entrance faces front or side, from 5 feet to 3 1/2 feet. The Chairman asked the applicant to come forward for testimony. Henry Barbour 3000 South Downing was sworn in for testimony. He briefed the Board that the house was built in the 1950's when a one-car garage was sufficient at a time when one- income families were prevalent. He stated he could not fit his Nissan in the existing garage along with the storage of garden tools, and the lawn mower. He stated that presently they are a two-income family thus using two cars. Mr. Barbour stated that the proposed garage was the size of a two-car garage and would house at least one of the cars with the remaining area open for storage, etc. He stated that he did not want to have a garage with the entrance toward the house. Initially he considered a 17' X 36" garage with an entrance onto the alley, but was concerned about the view of traffic entering onto East Cornell from the alley. The next consider- ation was a 17' X 30" garage with an entrance from East Cornell Avenue thus placing the location of the garage lengthwise on the property. In answering the Board members questions, Mr. Barbour reiterated that the existing garage entrance would be used, that the dimensions of the garage would be 17'3" east to west, and 30' north to south and that there would be access to the garage on East Cornell. Also, the location of the pro- posed garage would permit the continued use of their garden and raspberry bushes. He added that his immediate neighbors had no objection(s). Mr. Barbour discussed their desire to continue to reside and raise their family in Englewood. He stated that was the reason the 5-bedroom house was purchased, and that he saw the proposed garage as an improvement to the property. He answered questions from the Board on the construction. The proposed garage would be wood frame to match the house with lap-siding. He stated he planned to demolish the existing garage, and ,that he would use any of the building materials salvageable from the old garage for construction of the new garage. He stated he planned to start construction of the garage within the required six (6) month period and would meet all the necessary building codes, including the eighteen foot (18') height re- quirement. Mr. Barbour said the current pl ·an was to use the existing door for the garage instead of installing 2 separate doors, or a double door; but after further discussion with the Board, double doors may be used as a future selling factor. -2 - • • • • • Dorothy Romans addressed the Board concerning the zoning that was changed in 1963 from R-1-D (now R-1-C) to R-1-A. She explained that this case would not have come before the Board if the property had remained in the less restric- tive R-1-C, Single-family Residence District. When the 2900 block of South Downing was changed to R-1-A, Single-family Residence, it became a more restrictive zone and none of the existing lots could meet the new area and setback requirements. The land use map was entered into the record to point out that in the 2900 and 3000 square block between Marion and Downing, only 2 of the properties meet the required lot area for the R-1-A Zoning District. Only one of those two properties meet the setback requirement of R-1-A. Mrs. Romans pointed out that the rest of the properties in this square block area are non-conforming as to lot area and setbacks. Mrs. Romans used the Comprehensive Zoning Map on the wall in the Council Chambers to illustrate the problem of indiscriminate re-zoning, emphasiz- ing the problems that occur when the setbacks and standards of R-1-A are applied to an R-1-C lot. (Secretary's note: The copy of the Comprehensive Zoning Map in the Coun- cil Chambers is an exact duplicate of the smaller map used for con- venience of size in the record of the Hearing.) The Chairman asked if there were further speakers for or against the appeal . Dorothy Romans entered into the record a letter from Ross Crawford, who ~esides at 1430 East Cornell Avenue. Mr. Crawford's letter stated opposition to the variance. Referring to the stationery on which Mr. Crawford's letter was written, the Board discussed its concern about Mr. Crawford operating a business from his residence. Home Occupations are not allowed in an R-1-A Zone District. The Chairman entered into the record Mr . Crawford's letter and the staff re - port as part of the record of the public hearing, and announced the public hearing was closed. BOARD MEMBER SEYMOUR MOVED THAT IN CASE #4-90 FOR PROPERTY LOCATED AT 3000 SOUTH DOWNING STREET, THE APPLICANT BE GRANTED A VARIANCE TO SECTION 16-4-2-M lc(2), MINIMUM SIDE YARD OF A DETACHED GARAGE, FROM 5 FEET TO 3 FEET AND SEC- TION . 16-4-2 M d(l), MINIMUM REAR YARD OF A GARAGE IF JHE ENTRANCE FACES FRONT OR SIDE, FROM 5 FEET TO 3 1/2 FEET, IN THE R-1-A, SINGLE FAMILY RESIDENCE ZONE. Board Member Lighthall seconded the motion . The members locked in their votes and gave their findings as follows. Mr. Seymour voted in favor of the variance stating there was no opposition from the immediate area and that the new garage would be an upgrade to the property, and suggested that a double door be installed for future convenience. - 3 - Ms. George voted in favor stating that the case met all the requirements for a variance to be granted. She further stated that with the original zoning the property would have met the necessary requirements. Ms. Lighthall voted in favor of the variance stating that there was no opposi- tion from Mr. Barbour's immediate neighbors. She reiterated her concern that a double door be installed. Ms. Shaffer voted yes, stating that the variance will afford relief to the applicant with the least modification to the City ordinance. Ms. Cohn voted yes for the variance stating it met all the necessary require- ments set by the code(s), and that the actions of the Board should be a posi- tive approach to encouraging people to live in Englewood. That if the Board rejected the improvement to the property by undue restrictions, the end result would be to penalize people for their attempts to improve their property. Mr. Welker agreed with the other members. He addressed the issue of the block having existing lots which cannot meet the requirements of the Zone District. He added that the proposed garage would not be harmful to the character of the neighborhood. Mr . Welker advised Mr. Barbour that with the granted variance, he could now proceed to file for a building permit. When the votes were displayed all six members had voted for the variance, and the Chairman ruled the variance granted. DIRECTORS CHOICE Mrs. Romans reminded the Board about the meeting with City Council at 6:00 p.m. on May 21, 1990 in the Community Room . A City tour will be conducted by Mrs. Romans for the new Planning and Zoning Commission members on Saturday, June 2, 1990 starting at 8:00 a.m. The tour will take approximately four hours. Mrs. Romans extended an invitation to the Board of Adjustment members to participate .. BOARD'S CHOICE Board Member Lighthall again expressed concern about Mr. Ross Crawford operat- ing a business (home occupation) out of his home. His residence is zoned R-1- A, Singe-family Residence and according to the zoning regulations, a home oc- cupation is not an allowable use in that particular zone. Ms. Lighthall as- serted that Mr. Crawford is in direct violation of the Comprehensive Zoning Ordinance and requested that either Mrs. Romans, or ~he City Attorney take immediate action to remedy the condition . Discussion ensued . Chairman Welker advised the Board that he would be absent for the June 13th meeting. - 4 - • • • • • • The Board was informed by Mrs. Romans about the case to be heard at the June meeting for the variance granted in 1984 for 3227 1/2 South Lincoln. Mrs. Romans apologized that the variance was not reviewed in 1989 stating that the staff overlooked the issue of the annual review of the property due to a change in staff responsibility. Mrs. Romans informed the Board that Mr. Cul- lifer has been notified that his appearance is requested at the June meeting. Board Member Shaffer introduced discussion on the status of the Kurtz case (2280 West Evans). Assistant City Attorney Brotzman explained that he was in contact with Mr. Goldstein, the Attorney for Omni Bank, and he should know the Bank's position very soon .. Board member Cohn suggested that a change be adopted in the way current holders of property are notified. She discussed a recent Supreme Court Case in which the facts of the case centered on notice to the owners and creditors. Ms. Cohn recommended that the procedures of issuance of notice to property holders be reviewed so that a case such as the one involving the Tagues, Kurtz, and the Omni Bank, be avoided in the future. Discussion continued with the Chairman suggesting that the City Attorney's office review the procedure for giving notice to "holders of deed of trust". The meeting adjourned at 8:30 p.m. with a final note that Mr.Seymour's request for a chocolate cake be at the next meeting since his birthday falls on the same date . Cathie Mahon, Recording Secretary - 5 -