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Home My WebLink About1991-08-14 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO August 14, 1991 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Welker at 7:35 p.m. Members present: Seymour, George , Shaffer, Cohn, Waldman, and Welker. Members absent: None. Also present : Harold Stitt, 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 a variance. The Chairman stated 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 July 10, 1991 be approved as written. Board Member George seconded the motion . All six members voted in favor of the motion, and the Chairman ruled the Minutes of July 10, 1991, approved as written. APPROVAL OF FINDINGS OF FACT. Board Member Seymour moved that the Findings of Fact for Case #14-91, 3401 and 3403 South Race Street; and Case #15-91, 3229 1/2 South Lincoln Street be approved as written. Board Member Waldman seconded the motion. All six members voted in favor of the motion, and the Chairman ruled the Findings of Fact be approved as written . The Chairman opened the Public Hearing stating he had proof of publication and explained that in a variance, the staff identifies the request, and the applicant and those that wish to speak, are called upon to testify . - 1 - PUBLIC HEARING CASE #17-91: 1312 East Bates Avenue Harold Stitt Staff Advisor was sworn in for testimony. Mr. Stitt explained that the applicant, Mr. Michael Wolf, of the subject property at 1312 East Bates Avenue, was requesting a variance to extend the existing carport 18 feet into the required 25 foot minimum front yard setback, which was a variance from Section 16-4-2-H of the Comprehensive Zoning Ordinance. Mr. Stitt clarified for the record that the actual depth of the front yard is 24 feet. Michael Wolf 1312 East Bates Avenue was sworn in for testimony. Mr. Wolf explained that the intention of the request was for a variance to extend the existing carport 18 feet into the 25 foot front yard setback. Mr. Wolf stated that they have already secured a contractor to do the work, but Mr. Tom Miller was not able to be present. Mr. Wolf explained that their second car has been vandalized while parked on the street; that the carport would get the car off the street; and that the size of the existing driveway was wide enough to build the carport over it. Mr. Wolf explained that in the winter months ice accumulates at the curb edge of the driveway where they park their car, which prevents the snow melt flow down the curb channel of the street. Mr. Wolf entered into the record photographs to assist with the explanation of the proposed carport and to illustrate the area where accumulation of ice occurs during the winter months. Mr. Wolf entered into the record, the statements of three (3) neighbors stating they have no opposition to the proposed carport. Mr. Wolf concluded that in his opinion the carport would not adversely affect the neighborhood; that the proposed design would replicate the existing style and lines of the house; and that the proposed carport would afford relief with the least modification possible. There were no further speakers for or against the variance. The Chairman incorporated the Staff Report, photographs, and neighbor's statements into the record, and closed the Public Hearing. BOARD MEMBER SEYMOUR MADE A MOTION THAT FOR CASE #17-91, THAT MR. MICHAEL WOLF, _FOR THE PROPERTY LOCATED AT 1312 WEST BATES AVENUE, BE GRANTED A VARIANCE FROM SECTION 16-4-2-H, WHICH STATES THE MINIMUM FRONT YARD SHALL BE 25 FEET, IN ORDER TO EXTEND THE EXISTING CARPORT 18 FEET INTO THE FRONT YARD SETBACK. The motion was seconded by Ms. George. Discussion ensued. -2 - • • • • • • The members locked in their votes and gave their findings as follows: Board Member Shaffer voted "yes" stating the variance would afford the least modification possible. Board Member George voted "yes" stating the variance meets the five conditions for granting a var i ance. Board Member Seymour voted "yes" noting that there were no objections from the neighbors . Board Member Waldman voted "yes" stating granting the variance would not adversely affect the adjacent property or the neighborhood. Board Member Cohn voted "yes" stating the variance meets the five conditions as stated in Section 16.2 of the Comprehensive Zoning Ordinance. Board Member Welker stated he voted "yes" concurring with the other members of the Board. When the voted were displayed, all six members had voted in favor of the variance. The Chairman announced the decision and directed to the applicant that the variance is in effect for six months, and to proceed with applying for the appropriate permits from the Building and Safety Division . PUBLIC HEARING CASE #18-91: 1166 West Princeton Place The Chairman opened the Public Hearing stating he had proof of posting and publication and asked that the staff identify the request. Harold Stitt Staff Advisor stated that the property owners; Angela and John Gerlick of the subject property at 1166 West Princeton Place, are requesting a variance from Section 16-4-4:1-1. which states the minimum side yard setback shall be 3 feet, and Section 16-4-4:M,4-h. which states the office of a home occupation shall not exceed 300 square feet. The request is to construct a two-story attached garage with 500 square feet of living space above the proposed garage, within one foot of the side yard property. Mr. John Gerlick 1166 West Princeton Place was sworn in for testimony. Mr. Gerlick testified that the encroachment within one foot from the side yard was requested in order to have room _for the construction of a two-car garage, which would house their cars, and leave space in the front of their property for off-street parking. Mr. Gerlick stated that the second part of the request concerned the Home Occupation stating that he currently had his CPA business on South Broadway, but with the long hours and his wife's medical condition (leukemia) operating the business out of his home would enable him to be closer to his family . Mr. Gerlick stated that the additional footage - 3 - request for 500 square feet instead of the allowed 300 square feet for Home Occupations, would provide ample office space for his CPA business. Mr. Gerlick submitted for the record three neighbors statements stating they had no opposition to his proposal. Mr. Gerlick concluded with two exhibits to illustrate for the Board possible changes from the initial building plans included in their packet, to the usage of the first floor for two bedrooms instead of the 2-car garage. Discussion ensued. The Chairman clarified for the Board that Mr. Gerlick's request was for the construction of a 2-car garage and that the discussion of the first floor being used for living space was a completely different issue and not a consideration at this time. There were no further questions, and no other speakers for or against the variance. The Chairman incorporated the Staff Report and miscellaneous exhibits into the record, and closed the Public Hearing. BOARD MEMBER WALDMAN MOVED THAT A VARIANCE BE GRANTED TO MR. JOHN GERLICK OF THE SUBJECT PROPERTY AT 1166 WEST PRINCETON PLACE, FROM SECTION 16-4-4:1-1 WHICH STATES THAT THE MINIMUM SIDE YARD SETBACK SHALL BE 3 FEET AND SECTION 16-4-4:M-4,h. WHICH STATES THE OFFICE OF A HOME OCCUPATION SHALL NOT EXCEED 300 SQUARE FEET, IN ORDER TO CONSTRUCT A TWO-STORY ATTACHED GARAGE WITH 500 SQUARE FEET OF LIVING SPACE ABOVE, WITHIN ONE FOOT OF THE SIDE YARD PROPERTY LINE. Board Member Cohn seconded the motion. The members locked in their votes, and gave their finding as follows: Board Member George voted "yes" stating the variance will afford relief with the least modification possible. Board Member Seymour voted "yes" stating he favored the variance and added that the neighbor's statements were in favor of the variance. Board Member Waldman voted "yes" concurring with the previous reasons. Board Member Cohn concurred. Board Member Shaffer voted "yes" for the reasons stated. Chairman Welker voted "yes" stating that granting the variance would observe the spirit of the Ordinance. When the votes were displayed, all six members had voted in favor of the variance. The Chairman announced the variance was granted, with a reminder to Mr. Gerlick that he must file for a permit and begin the work within the 6-month time frame that the variance is active. - 4 - • • • • • • CITY ATTORNEY'S CHOICE: None. STAFF ADVISOR'S CHOICE: Mr. Stitt informed the Board that City Council received a letter of resignation from former Board Member Lois Lighthall, and that the vacancy would be filled by a Council appointee. {Secretary's note: Mr. Stitt was beeped and left for the hospital: Ian Harrison Stitt and mother are doing fine). BOARD MEMBER'S CHOICE: Chairman Welker congratulated Mr. Seymour for completing a Bachelor of Arts degree in Fine Arts. Chairman Welker stated he wanted to discuss an the motion from the last meeting in reference to Case #14-91, Alpen Construction, stating to his knowledge the Building Department has not acted upon the motion made by him during that meeting. {Secretary's note: that motion read as follows: THAT THE BOARD OF ADJUSTMENT AND APPEALS RECOMMENDATION IS THAT THE CITY BUILDING DEPARTMENT OFFICIALS MEET WITH THE CONTRACTOR TO CONFIRM THE PROBLEM AREAS TO BE CORRECTED.) Mr. Seymour made a motion to adjourn. The meeting adjourned at 8:45 p.m. Respectfully yours, Cathie Mahon, Recording Secretary - 5 -