HomeMy WebLinkAbout1991-06-12 BAA MINUTES•
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
ENGLEWOOD, COLORADO
June 12, 1991
The regular meeting of the Englewood Board of Adjustment and Appeals was
called to order by Chairman Welker at 7:30 p.m. The Chairman stated the Board
is authorized to grant or deny a variance or appeal by Part 3, Section 60 of
the Englewood Municipal Code.
Members present: Seymour, George, Lighthall, Shaffer, Cohn, Waldman, and
Welker.
Members absent: None .
Also present: Harold Stitt, Staff Advisor
Dan Brotzman, Assistant City Attorney
The Chairman stated that with seven members present, five affirmative votes
would be required to grant an appeal or a variance.
APPROVAL OF MINUTES .
Board Member Lighthall moved that the minutes of May 8, 1991 be approved as
written.
Board Member Seymour seconded the motion.
All seven members voted in favor of the motion, and the Chairman ruled the
Minutes of May 8, 1991, approved as written.
APPROVAL OF FINDINGS OF FACT.
Board Member Seymour moved that the Findings of Fact for Case #10-91, Paul
Hendricks of 4001 South Elati Street; Case #11-91, Samuel Wetherill of 3424
South Broadway; and Case #12-91, Drs. Novelen and Mulvany of 3627 South
Pennsylvania Street be approved as written.
Board Member George seconded the motion.
All seven members voted in favor of the motion, and the Chairman ruled the
Findings of Fact were approved as written .
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PUBLIC HEARING CASE #13-91:
1053 West Stanford Place
The Chairman opened the Public Hearing for Case #13-91, stating he had proof
of publication and posting; and asked the staff to identify the request.
Harold Stitt
Staff Advisor
was sworn in for testimony. He explained the applicant, Mr. James D.
Brown, was requesting a variance to construct an oversize storage shed to
be located in the side yard with a side yard setback of one foot, which
would be a variance to Sections 16-4-2:M-a, b, and d. of the
Comprehensive Zoning Ordinance.
Mr. James Brown
owner of 1053 West Stanford Place
was sworn in for testimony. Mr. Brown stated that he was requesting a
variance to build a 10 X 16 storage shed to house lawn equipment, tools,
bikes and motorcycles. Mr. Brown explained the existing metal shed was
twelve (12) years old and needed to be replaced. Mr. Brown explained the
new shed would be constructed of wood, with siding and a shingled roof;
and that 5/8's drywall would be used on the interior walls in order to
meet the 1-hour fire-resistive requirement for side yards.
Mr. Brown stated the reason for placing the shed in the side yard was to
utilize the space on the side of the house because the 8 foot easement in
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back of the lot decreased the size of their backyard. Mr. Brown stated •
he was of the opinion that the shed would not adversely affect the
·adjoining property since the existing 6 foot cedar fence conceals most of
the shed from the adjoining neighbor's view.
Mr. Brown entered into the record, the statements of four (4) neighbors
stating they have no opposition to the proposed shed.
There were no further speakers for or against the variance.
The Chairman incorporated the Staff Report and neighbors statements into the
record, and closed the Public Hearing.
BOARD MEMBER SEYMOUR MADE A MOTION THAT FOR CASE #13-91 THE PROPERTY OWNER,
MR. JAMES BROWN, AT 1053 WEST STANFORD PLACE, BE GRANTED A VARIANCE TO
CONSTRUCT AN OVERSIZE SHED LOCATED ON THE SIDE YARD ONE FOOT FROM PROPERTY,
WHICH WOULD BE A VARIANCE FROM SECTIONS 16-4-2 M-a, b, and d. OF THE
COMPREHENSIVE ZONING ORDINANCE.
The motion was seconded by Ms. Cohn.
Th~ members locked in their votes and gave their findings as follows:
Mr. Seymour voted "yes" stating he felt the applicant's presentation indicated
he would do a good job.
Ms. Cohn voted "yes" stating she felt granting the variance was appropriate.
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Ms. George voted "yes" for the variance stating it met all the necessary
requirements for granting a variance .
Ms. Shaffer voted "yes" stating that the variance will afford relief for the
applicant with the least modification to the City ordinance.
Mr. Waldman voted in favor of the variance stating he felt the shed would not
adversely affect the neighbors or the neighborhood.
Ms. Lighthall voted "yes" stating the variance meets the five conditions for
granting a variance.
Chairman Welker voted "yes" stating he concurred with the previously stated
reasons.
When the votes were displayed, all 7 members had voted in favor of the
variance. The Chairman announced the variance had been granted.
CITY ATTORNEY'S CHOICE
Assistant City Attorney, Dan Brotzman announced to the Board that Ms. Shaffer
was to be ~ongratulated for her part in selling the Kurtz property (2280 West
Evans Avenue, Case #13-89).
STAFF ADVISOR'S CHOICE
Mr. Stitt discussed the letter from the Mayor Susan Van Dyke concerning
Englewood's pilot program for recycling trash, and the request for volunteers
to canvas the northeast area for promoting the program.
BOARD MEMBERS CHOICE
None.
With no further business to come before the Board, the meeting adjourned at
8:15 p.m.
Respectfully submitted,
Cathie Mahon,
Recording Secretary
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