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HomeMy WebLinkAbout1991-10-09 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO October 9, 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. He 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 September 11, 1991 be approved as written. Board Member Cohn seconded the motion. All six members voted in favor of the motion, and the Chairman ruled the Minutes of September 11, 1991, approved as written. APPROVAL OF FINDINGS OF FACT. Board Member Waldman moved that the Findings of Fact for Case #19-91, Mr. John Tate of 955 West Oxford Avenue be approved as written. Board Member Shaffer seconded the motion. All six members voted in favor of the motion, and the Chairman ruled the Findings of Fact be approved as written . - 1 - PUBLIC HEARING CASE #20-91: 5051 South Clarkson Street The Chairman opened the Public Hearing stating he had proof of publication and posting and explained that in a variance the staff identifies the request, and that the applicant and those that wish to speak, are called upon to testify. The Chairman asked that the staff identify the request. Harold Stitt Staff Advisor was sworn in for testimony. Mr. Stitt stated the applicant, Mr. Richard Kolacny of the subject property at 5051 South Clarkson Street filed a request for a variance to construct a carport that would encroach fifteen feet into the required twenty-five foot front yard setback. Mr. Stitt explained that the variance request is from section 16-4-3: M-1,b. Accessory Buildings and Permitted Accessory uses-Minimum front yard. He added that in the Staff Report usage of the proposed carport was identified as coverage for an RV, but that Mr. Kolacny informed the staff that it would be used as a weather-protection cover for his cars. The Chairman asked the applicant to come forward for testimony. Richard Kolacny 5051 South Clarkson Street • was sworn in for testimony. Mr. Kolacny explained that he had a multitude of vehicles: two cars, a trailer and a large RV. Mr. Kolacny stated that the proposed carport would be constructed over the existing • double driveway, and would be used as a double carport for his two cars. Mr. Kolacny submitted for the record st atements from his neighbors on each side of his property, stating they had no opposition to the proposed carport. Mr. Kolacny concluded that the proposed carpo r t would replicate the existing style and lines of the house, and t hat in his opinion since his property is situated in the mid -block of Clarkson Street, the carport would not create an obstruction for viewing on-coming traffic. There were no further speakers for or agains t the variance. The Chairman incorporated the Staff Report and neighbor's statements into the record, and closed the Public Hearing. BOARD MEMBER SEYMOUR MADE A MOTION THAT FOR CASE #20-91, THAT MR. RICHARD KOLACNY, PROPERTY OWNER OF 5051 SOUTH CLARKSON AVENUE, BE GRANTED A VARIANCE FROM SECTION 16-4-3:M-1,b. OF THE COMPREHENSIVE ZONING ORDINANCE, TO CONSTRUCT A CARPORT THAT WOULD ENCROACH FIFTEEN FEET INTO THE REQUIRED TWENTY-FIVE FOOT FRONT YARD SETBACK. The motion was seconded by Board Member George. Discussion ensued. The members locked in their votes and gave their findings as follows: -2 - • Board Member Cohn voted "yes" stating the var i ance meets all the criteria for granting a variance. • Board Member Shaffer voted "yes" stating she concurred. • • Board Member George voted "yes" stating initially she was concerned that the carport would be an obstruction for on-coming traffic but after hearing the testimony that concern was resolved. Board Member Seymour voted "yes" stating he was of the opinion the proposed carport would afford the least modification possible, and that the neighbor's did not object to it. Board Member Waldman voted "yes" stating he concurred with the previously stated reasons. Chairman Welker voted "yes" concurring that granting the variance meets with the guidelines outlined by the zoning ordinance. When the votes were display, all six members had voted for the motion. The Chairman announced the variance as granted, stating 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. CITY ATTORNEY'S CHOICE: None. STAFF ADVISOR'S CHOICE: None. BOARD'S CHOICE: None. With no further business to come before the Board, the meeting adjourned at 8:05 p.m. Respectfully yours, Cathie Mahon, Recording Secretary - 3 -