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HomeMy WebLinkAbout1991-11-13 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO November 13, 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 Waldman moved that the minutes of October 9, 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 October 9, 1991, approved as written . APPROVAL OF FINDINGS OF FACT. Board Member Seymour moved that the Findings of Fact for Case #20-91, Mr. Richard Kolacny of 5051 South Clarkson Street 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 . PUBLIC HEARING CASE #21-91: 4734 South Bannock Street The Chairman opened the Public Hearing stating he had proof of publication and posting and explained the procedure of the meeting stating that in a variance the staff identifies the request, and that the applicant and those that wish to speak, are called upon to testify . -1 - The Chairman explained the appeal procedure stating that any aggrieved party ~ay file with the District Court and that it must commence within 30 days. The Chairman asked that the staff identify the request. Harold Stitt, Staff Advisor was sworn in for testimony. Mr. Stitt stated the applicant, Mr. Rafael Juarez, who resides at 13494 Omega Circle, Littleton , is the owner of the subject property at 4734 South Bannock Street . Mr. Stitt stated the request is for a variance to use the accessory structure at the subject property for additional living space, which would be a variance from Section 16-4-G:M, Accessory Buildings and Permitted Accessory Uses. The Chairman asked the applicant to come forward for testimony. R~fael E. Juarez l3494 Omega Circle, Littleton owner of 4734 South Bannock Street was sworn in for testimony. Mr. Juarez stated that he was requesting the variance in order to use the secondary structure on the subject site for residential purposes. Mr. Juarez entered into the record statements from seven (7) neighbors stating they have no opposition to the variance request, and ssubmitted photographs that illustrated the interior remodeling of the bathroom and wet bar of the subject accessory structure. • Mr. Juarez concluded that all the electric and plumbing in the subject • structure was done according to code. Miriam Senti, Metro Brokers was sworn in for testimony. Ms. Senti stated that as the Realtor for the subject property she had several prospective buyers i nterested in p4rchasing the property but stated in her opinion having the accessory structure listed for "recreational purposes" only deterred from selling the property. Ms. Senti stated that she was of the opinion that if the unit could be listed for sleeping purposes and/or used as a rmother-in-law" apartment that the property would sell . Ms. Senti explained that the price of $59 ,000 was listed for the property byt without the accessory structure included for living purposes, the lQan value based on the main structure of 725 square feet would be approximately $35,000 . Ms. Senti concluded that she was present to testify on Mr. Juarez's behalf and that she was of the opinion that the subject property would sell if the Board ruled the accessory structure could be used for living purposes. -2 - • • • • Harold Stitt Staff Advisor approached the podium. Mr. Stitt stated that there were several issues involved with the case at hand such as the zoning issue of making sure the conversion of the accessory structure into a separate living unit does not result as a rental unit. Mr. Stitt suggested several ways to safeguard that occurrence; either have the property monitored by the Neighborhood Services or have the Board include in their motion a condition that the property owner certify once a year that the unit is not being used as a rental. Mr. Stitt concluded that the Board's decision will be recorded with the Arapahoe County Assessor's office; therefore, any subsequent buyer would be informed of the stipulation(s) placed on the property through the title search. The Chairman incorporated the Staff Report, photographs, and neighbor's statements into the record, and closed the Public Hearing. BOARD MEMBER WALDMAN MADE A MOTION THAT FOR CASE #21-91 FOR 4734 SOUTH BANNOCK STREET THAT A VARIANCE BE GRANTED FROM SECTION 16-4-6:M, ACCESSORY BUILDINGS AND PERMITTED ACCESSORY USES, TO PERMIT THE USE OF AN ACCESSORY STRUCTURE AS LIVING SPACE. Board Member Seymour seconded the motion. Discussion ensued . Ms. Cohn made a motion to amend the motion by adding the following stipulation: THAT THE BUILDING DEPARTMENT INSPECT THE SUBJECT PROPERTY AND THAT THE NECESSARY REQUIREMENTS BE MADE TO BRING THE PROPERTY UP TO CODE. Board Member Shaffer seconded the motion. On the call for the vote on the amended motion all members voted in the affirmative. The members locked in their votes, and gave their findings as follows: Ms. Shaffer voted "yes" by reason of exceptional use on the property and that the variance would afford relief with the least modification possible. Ms. George voted "yes" stating that in her opinion granting the variance was the best way to keep the property maintained. Mr. Seymour voted "no" stating he did not feel there were any reasons for the property to change. Mr. Waldman voted "yes" stating he did not see how granting the variance would impair the adjacent properties or adversely affect the neighborhood. Ms. Cohn voted "yes" stating that she considered the accessory structure part of the residence. - 3 - Chairman Welker voted "yes" stating that the request meets all five conditions for granting a variance. When the votes were displayed, 5 members voted in the aff irmative, with one • member, Mr. Seymou r , op pos i ng the variance reques t . The Chairman announced the variance as granted, noting to the applicant that the condition as stipulated by the Board required that the Building Division inspect the property and that necessary requirements be made to bring the ~property up to code. r,//"' PUBLIC HEARING -CASE #22-91: -Jr Penn House Apartments [ I 2 ~650 South Pennsylvania Street ~1..-a\d 3655 South Pearl Street 0 T ~e Chairman opened the Public Hearing stating he had proof of publication and T=-asked the staff to identify the request . ~ ~ H \rold Stitt ID S aff Member .C ".":) entered into the record a letter from the Penn House Apartments attorney, (.S (J_ Mr. Bernard Messer, informing the Board members that at the present time settlement negotiations were being conducted between the City Attorney and his client, and at this time was requesting a continuance until further notification. UBLIC HEARING -CASE #23-91: 180 West Lehigh Avenue The Chairman opened the Public Hearing stating he had proof of publication and posting and asked the staff to identify the request. Harold Stitt Staff Advisor identified the request, stating that the applicant , Home Lumber Inc., was requesting a use variance from Section 16-4-12:C, Permitted Principal Uses, in order to permit the manufacturing and assembly of residential pre-hung door units and an automotive machine shop . The Chairman asked the applicant or representative to come forward. Kenneth Egan Real Estate Broker for Fuller was sworn in for testimony. Mr. Egan explained that he was retained by Burtkin Associates to find a tenant for their property at 180 West Lehigh Avenue. Mr. Egan established that the 24,000 square foot building was built in 1984 by Burt Chevrolet for the purpose of storing automobile parts. Mr. Egan stated that when the Target Store was vacated, Burt moved into the larger building, thus vacating the building on Lehow. Mr. Egan concluded that he had been unable to find a tenant for the zoned use under the B-2, and that Home Lumber Inc. was present to testify for a use variance to allow them to use the property for light warehousing . - 4 - • • • • • Douglas Carlson, Millwork Manager for Home Lumber Inc., 1225 West Belleview Avenue was sworn in for testimony. Mr. Carlson explained that Home Lumber was experiencing an increase in their business and had reached a point where additional space was necessary. Mr. Carlson stated negotiations were underway with Burtkin to lease 18,000 square feet of the building for approximately three (3) years. Mr. Carlson informed the Board that the building would be used for the assembly and storage of pre-hung doors, moldings, etc., in additional to an over-the-counter retail sales and showroom. Mr. Carlson answered questions on noise, deliveries, and traffic stating that in his opinion there would be minimal customer trafficking; that , there are currently three to four deliveries daily by large trucks; and that any noise from their warehousing would be minimal. Mr. Carlson concluded that in his opinion the business would not adversely affect the neighborhood and that the expansion to 180 West Lehow was temporary as reflected by their three-year lease. Pam Pepper Economical Development Administrator, City of Englewood, was sworn in for testimony. Ms. Pepper stated that in her op1n1on it would be difficult to find a suitable tenant for the uses permitted under the B-2 Zone district because of poor visibility and access of the building from Broadway. Ms. Pepper stated that she felt the best use of the building would be for warehousing. Ms. Pepper explained that currently Home Lumber is situated next to the property purchased for the South Suburban Development and that in the near future Home Lumber Inc. would most likely be looking for a facility to combine both locations. Hank Held Legal Counselor for the Burt properties testified that he was representing the owners of the property in question. Mr. Held addressed the expressed concerns on noise and traffic stating that the building was well insulated to deter noise and that the the loading ramp was located off of Lehow enough to deter traffic congestion. The Chairman asked if there were further speakers for or against the variance. Loren Jacobson 369 West Rafferty Gardens was sworn in for testimony. Mr. Jacobson stated that he opposed the variance because he was of the opinion that their property would lose its value and that the quality of life would be affected if light warehousing were allowed to be operated from the 180 West Lehow Avenue location as proposed by Home Lumber Inc . -5 - Mr. Jacobson concluded he was of the opinion that allowing the variance would down-grade their property and that the proposal of light manufacturing would not be conducive to the area. Ruth Jacobson 369 West Rafferty Gardens was sworn in for testimony. Mrs. Jacobson stated she was concerned about the noise and traffic factors that would result if Home Lumber Inc. were allowed to expand their operations to 180 West Lehow Avenue . Mrs. Jacobson explained that with the nine Rafferty Gardens homes and the South Slope condos, that she was concerned for the safety of the children living in the subject area, with the trucks and deliveries that would take place if Home Lumber Inc. were allowed to operate. The Chairman requested that Douglas Carlson approach the podium to address questions on truck deliveries . . Douglas Carlson approached the podium stating that their working hours are between 7:00 a.m to 5:00 p.m. during the week and that occasionally they work a half day on Saturdays. Mr. Carlson stated that the frequency of deliveries varies but put the estimation at two or three times a week and explained that they have approximately two to three deliveries a month from semi- trucks. Mr. Carlson stated that because the distance from the curb to the loading dock is eighty feet that the trucks would be off the street when unloading and therefore would not create traffic problems. There were no other speakers for or against the variance . The Chairman incorporated the Staff Report into the record and closed the Public Hearing. BOARD MEMBER SEYMOUR MADE A MOTION FOR CASE #23-91 FOR 180 WEST LEHOW AVENUE TO GRANT A USE VARIANCE TO PERMIT MANUFACTURING AND ASSEMBLY OF RESIDENTIAL PRE-HUNG DOOR UNITS WHICH WOULD BE A VARIANCE FROM SECTION 16 -4-12:C, PERMITTED PRINCIPAL USES. Board Member Cohn seconded the motion. Discussion ensued as to the conditions to be placed on the motion. Board Member Seymour made a motion to amend the motion to include the following use conditions: 1. THE PROPOSED USE CONSTITUTES A CHANGE OF USE AND WILL REQUIRE COMPLIANCE WITH ALL PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE CITY CODES. 2. NO CHANGES IN THE AMOUNT OF SPACE ALLOTTED TO THE USES PERMITTED BY THIS VARIANCE BE ALLOWED UNLESS SPECIFICALLY AUTHORIZED BY A VARIANCE BY THE BOARD OF ADJUSTMENT AND APPEALS. 3. NO CHANGES IN USES PERMITTED BY THIS USE VARIANCE BE ALLOWED EXCEPT AS SPECIFICALLY AUTHORIZED BY VARIANCE BY THE BOARD OF ADJUSTMENT AND APPEALS UNLESS SUCH CHANGES IN USES ARE TO CONFORMING USES IN THE B-2 ZONE DISTRICT. - 6 - • • • • • • 4. THE OPERATION OF THE SUBJECT PROPERTY SHALL BE REVIEWED YEARLY BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR CONFORMANCE WITH THESE CONDITIONS . THE FINDING OF THIS REVIEW SHALL BE REPORTED TO THE BOARD OF ADJUSTMENT AND APPEALS. Board Member Shaffer seconded the motion to amend. The motion was moved, seconded, and carried. Discussion ensued concerning broadening the use for the proposed use variance. Board Member Cohn made a motion to amend the motion to include: THAT THE APPLICANT BE PERMITTED A USE VARIANCE TO PERMIT MANUFACTURING AND THE ASSEMBLING OF RESIDENTIAL PRE-HUNG DOOR UNITS, THE PREPARATION OF MOLDINGS, WINDOWS AND OTHER RESIDENTIAL WOOD PRODUCTS. Board Member Waldman seconded the motion to amend. The motion was moved, seconded, and carried. Discussion ensued concerning adding an amendment for an annual review of the subject property. Board Member Cohn made a motion to amend the motion to include: THAT THE FINDINGS FROM THE REVIEW CONDUCTED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT SHALL BE REPORTED TO THE BOARD OF ADJUSTMENT AND APPEALS FOR APPROPRIATE ACTION. Board Member Seymour seconded the motion to amend. The motion was moved, seconded, and carried. The Chairman read the amended motion: THAT THE APPLICANT FOR CASE #23-91 FOR 180 WEST LEHOW AVENUE BE GRANTED A USE VARIANCE FROM SECTION 16-4-12:C, PERMITTED PRINCIPAL USE, TO PERMIT MANUFACTURING AND ASSEMBLY OF RESIDENTIAL PRE-HUNG DOOR UNITS, THE PREPARATION OF MOLDINGS, WINDOWS AND OTHER RESIDENTIAL WOOD PRODUCTS WITH THE FOLLOWING CONDITIONS: 1. THE PROPOSED USE CONSTITUTES A CHANGE OF USE AND WILL REQUIRE COMPLIANCE WITH ALL PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE CITY CODES. 2. NO CHANGES IN THE AMOUNT OF SPACE ALLOTTED TO THE USES PERMITTED BY THIS VARIANCE BE ALLOWED UNLESS SPECIFICALLY AUTHORIZED BY A VARIANCE BY THE BOARD OF ADJUSTMENT AND APPEALS. 3. NO CHANGES IN USES PERMITTED BY THIS USE VARIANCE BE ALLOWED EXCEPT AS SPECIFICALLY AUTHORIZED BY VARIANCE BY THE BOARD OF ADJUSTMENT AND APPEALS UNLESS SUCH CHANGES IN USES ARE TO CONFORMING USES IN THE B-2 ZONE DISTRICT . - 7 - 4. THE OPERATION OF THE SUBJECT PROPERTY SHALL BE REVIEWED YEARLY BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR CONFORMANCE WITH THESE CONDITIONS. THE FINDING OF THIS REVIEW SHALL BE REPORTED TO THE BOARD • OF ADJUSTMENT AND APPEALS FOR APPROPRIATE ACTION. The members locked in their votes and gave their findings as follows: Board Member Seymour voted "yes" stating in his opinion there would be no increase in traffic than when Burt occupied the building and that with the annual review the property would be monitored. Board Member Waldman voted "yes" stating in his opinion the proposed use would not be detrimental to the neighborhood. Board Member Cohn voted "yes" stating she was of the opinion that granting the variance would be appropriate. Board Member Shaffer voted "yes" stating with the shape of the property and the state of the economy allowing the proposed use would afford relief with the least modification possible of the Ordinance. Board Member George voted "yes" based on viewpoints expressed by other Board members. Chairman Welker voted "yes" stating the compatibility of the proposed use is not out of line with what was previously in the building; that the retail traffic should be minimal; that the frequency of truck traffic will not be of any detriment to the area; and that the constraints placed on the variance takes into account the neighborhood. When the votes were displayed all six members had voted for the variance and the Chairman ruled the variance granted. The Chairman recognized Mr. Robert Cook, who stated that he was present to testify against the variance request for 4734 South B~nnock (Case #21-91). The Chairman asked Mr. Cook to approach the podium. Mr. Cook stated when he tried to get into the building he found that the doors were locked. The Chairman indicated that proper procedure had been followed and that the public was invited to speak for or against the variance. Mr. Cook stated that he did not hear the announcement and that perhaps the Board members should turn up their microphones. The Chairman added that there were rosters circulated for both cases so people who wished to speak for or against the requests would have the chance to do so. The Chairman informed Mr. Cook that the Public Hearing was closed and could not be opened. After further discussion between the Board and Mr. Cook, Mr. Cook left the Council Chambers for further discussion with the City Attorney Dan Brotzman. STAFF ADVISOR'S CHOICE. Harold Stitt informed the Board of the DRCOG seminar for November 23, 1991. Two members, Sandra George and Carl Welker, expressed interest in attending the seminar. - 8 - • • CITY ATTORNEY'S CHOICE. • None. • • BOARD MEMBERS CHOICE. Ms. Shaffer announced that she would be moving out of the city and that December will be her last meeting. With no further business to come before the Board, the meeting adjourned at 10:20 p.m. Respectfully submitted, Cathie Mahon, Recording Secretary -9 -