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HomeMy WebLinkAbout1991-12-11 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO DECEMBER 11, 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: Cohn, George, Shaffer, Seymour, 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 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 November 13, 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 November 11, 1991, approved as written. APPROVAL OF FINDINGS OF FACT. Board Member Waldman moved that the Findings of Fact for Case #21-91, Mr. Rafael Juarez for 4734 South Bannock Street, and Case #23-91, Home Lumber be approved as written. Board Member Shaffer seconded the motion. Discussion ensued concerning the wording for the Findings of Fact for Case #21-91. Board Member Cohn introduced the motion that the Findings of Fact for Case #21-91 be tabled. Board Member Seymour seconded the motion. All members voted in favor of the motion . - 1 - Chairman Welker announced that the motion to amend the motion made by Mr. Waldman to have the Findings of Fact for Case #21-91 tabled was approved, and called for the vote on the motion as amended; which amended motion states: "that the Findings of Fact for Case #21-91, Mr. Rafael Juarez for 4734 South Bannock Street be tabled; and that the Findings of Fact for Case #23-91, Home Lumber, 180 West Lehow, be approved as written." All six members voted in favor of the motion. REQUEST FOR RE-HEARING CASES. The Chairman reported that letters were received concerning each of the two cases heard at the November 13, 1991 Public Hearing. The Chairman explained that the issue of concern that the Board must decide is whether or not the letters constitute new evidence germane to the cases; and whether or not the evidence presented, justifies a rehearing. The Chairman entered into the record a letter from Mr. Robert Cook, of 4754 South Bannock Street, which formed the basis for his request for a rehearing of Case #21-91. BOARD MEMBER COHN INTRODUCED A MOTION THAT THE REQUEST FOR A REHEARING REGARDING CASE #21-91 FOR RAFAEL JUAREZ, 4734 SOUTH BANNOCK STREET, BE GRANTED AND THAT THE REHEARING BE SCHEDULED FOR THE NEXT MEETING. Board Member Seymour seconded the motion. The members locked in their votes and gave their findings as follows: Board Member Cohn voted "yes" stating that she felt it was significant that Mr . Cook be heard since he had stated he was locked out of the building; that there had not been any testimony against the case; and that she was of the opinion that it was his right to be heard. Board Member George voted "yes" stating she also was of the op1n1on that Mr. Cook should be heard after reviewing his claim of being locked out of the building. Board Member Shaffer voted "no" stating she was of the opinion that there was no new evidence and therefore did not warrant a rehearing . Board Member Seymour voted "yes" stating that he was of the opinion that Mr. Cook should have the opportunity to testify. Board Member Waldman voted "yes" stating he concurred with the reasons expressed. Chairman Welker voted "yes" stating he was of the opinion that Mr. Cook should have the opportunity to testify. When the votes were displayed, five members voted in favor of the motion, with Ms. Shaffer opposing the motion. The Chairman announced that the motion for a • • rehear i ng of Case #21-91 had been approved and requested the case be scheduled • for the January 8, 1992 meeting. - 2 - • • • The Chairman entered into the record the second letter, from Mr. & Mrs. Jacobsen, 369 West Rafferty Gardens, Littleton, Colorado, regarding Case #23-91, 180 West Lehow Avenue. BOARD MEMBER COHN MADE A MOTION TO GRANT A REHEARING FOR CASE #23-91, HOME LUMBER INC., 180 WEST LEHOW AVENUE. Board Member Seymour seconded the motion. Discussion ensued. The members locked in their votes and gave their findings of fact: Board Member George voted "no" stat ing she was of the opinion that no new evidence was presented in the le tter . Board Member Shaffer voted "no" stating she also felt there was no new evidence. Board Member Seymour vo te d "no". Board Member Waldman voted ''no" stating he concurred. Board Member Cohn voted "no". Chairman Welker voted "no" stating he concurred that there was no new evidence that would deem a rehearing . When the votes were displayed all six members voted against the motion. The Chairman announced that there would not be a rehearing of Case #23-91. PUBLIC HEARING CASE #24-91: 2800 South Clarkson Circle 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 applicant, Joseph Wolkensdorfer of the subject property at 2800 South Clarkson Circle, was requesting a variance to construct a detached garage that would encroach six feet into the required rear yard setback, and to increase the height of the garage from the requ i red 18 feet to 20 feet. This is a variance from Sections 16-4-2:M-l-d.(2) Minimum Rear Yard, and 16-4-2:M-l-a., Maximum Height, of the Comprehensive Zoning Ordinance. The Chairman asked the applicant to come forward for testimony. Joseph Wolkensdorfer owner of 2800 South Clarkson Circle was sworn in for testimony. Mr. Wolkensdorfer stated he was applying for two variances; one to build a garage that would encroach six feet into the rear yard setback that would abut the north property line; and to increase the height of the garage to 20 feet. Mr. Wolkensdorfer explained that because of limited rear yard space, the request of 20' -3 - instead of the required 18' was to allow for additional storage space above the garage that would have access by a pull down stairs. Mr. Wolkensdorfer added that presently there was a one-car detached garage on • the property that would be demolished. Mr. Wolkensdorfer submitted for the record photographs to assist with the explanation that the placement of the proposed garage would be 13 feet to the V-pan of the street, and to illustrate that Clarkson Circle had 1 imited access. Mr. Wolkensdorfer entered into the record statements from two neighbors stating they have no opposition to the variance request. There were no further speakers for or against the variance. The Chairman incorporated the Staff Report and neighbor's statements into the record, and closed the Public Hearing. BOARD MEMBER WALDMAN MADE A MOTION THAT FOR CASE #24-91, A VARIANCE BE GRANTED TO ALLOW MR. WOLKENSDORFER OF 2800 SOUTH CLARKSON CIRCLE TO CO NSTRUCT A DETACHED GARAGE THAT WOULD ENCROACH SIX FEET INTO THE REQUIRED SIX FOOT REAR YARD SETBACK, AND TO INCREASE THE HEIGHT OF THE GARAGE FROM 18 FEET TO 20 FEET, WHICH IS A VARIANCE FROM SECTIONS 16-4-2:M-l-d.(2) MINIMUM REAR YARD, AND 16-4-2:M-l-a., MAXIMUM HEIGHT, OF THE COMPREHENSIVE ZONING ORDINANCE. Board Member Seymour seconded the motion. Discussion ensued. The members locked in their votes and gave their findings of fact as follows: • Board Member Waldman voted "yes" stating the exceptional shape and size of the property allows for granting the minimal variance to afford relief. Board Member Cohn voted "yes" stating the variance request meets the five conditions as stated in Section 16-2 of the Comprehensive Zoning Ordinance. Board Member George voted "yes" stating the variance .meets all the conditions for granting the variance ~ Board Member Shaffer voted "yes" stating she concurred. Board Member Seymour voted "yes" noting there were no objections from the neighbors. Chairman Welker voted "yes" con~urring with the other members of the Board. When the votes were displayed all six members had voted in favor of the variance request. The Chairman announced the decision and directed to the applicant that the variance has been approved; however it will become void if the building permit is not applied for within six months. He advised Mr. Wolkensdorfer to proceed with applying for the appropriate permits from the Building and Safety Division as soon as possible. • - 4 - ~ ..... -. 1 ._ .. : ... ::, ." !.~~\ ... ~ \ .. :· • • • PUBLIC HEARING CASE #25-91: 4210 South Washington Street The Chairman opened the Public Hearing stating he had proof of posting and publication and asked the staff to identify the request. Harold Stitt Staff Advisor stated that the request from property owner, Mr. Jack Davis of 4210 South Washington Street, is to operate a sheet metal fabrication shop as a home occupation in a detached garage which is a variance from Section 16-4-4:M-4-c., Home Occupation, of the Comprehensive Zoning Ordinance. The Chairman asked the applicant to come forward for testimony. Jack Davis 4210 South Washington Street was sworn in for testimony. Mr. Davis explained that he has been in the sheet metal industry for fifteen years and has witnessed a decline in sheet metal shops and an increase in parts prices. Mr. Davis stated that he was interested in operating a small operation from his garage to manufacture small metal parts; that at this time he did not have the money to rent a building and would like to operate out of his garage on a temporary basis: minimum two years, maximum five. Mr. Davis stated that initially he would operate on a part-time basis but if the business increased he would move from the garage, rent a building, and upgrade his equipment . Mr . Davis explained that there would be a minimum amount of waste materials; that he would recycle the scrap metal; and that he would do all pick-up and delivery. Mr. Davis agreed there would be some noise from the machines but in his opinion he felt it would be minimal and added that he would have the garage doors closed when working. Mr. Davis entered into the record pictures to assist in his explanation of the machines he would be buying. Mr. Davis also entered into the record three metal parts to illustrate the type and size of the parts he would manufacture. Mr. Davis concluded by entering into the record the statements from four neighbors stating they have no opposition to the variance request. There were no speakers for or against the variance request. The Chairman made the Staff Report and exhibits part of the record and closed the Public Hearing. BOARD MEMBER SHAFFER MADE A MOTION THAT A VARIANCE BE GRANTED TO MR. JACK DAVIS OF 4210 SOUTH WASHINGTON STREET, TO OPERATE A SHEET METAL FABRICATION SHOP AS A HOME OCCUPATION IN A DETACHED GARAGE WHICH WOULD BE A VARIANCE FROM SECTION 16-4-4:M-4-c., HOME OCCUPATION, OF THE COMPREHENSIVE ZONING ORDINANCE. Board Member Seymour seconded the motion . Discussion ensued as to the conditions to be placed on the motion. -5 - Board Member Cohn made a motion to amend the motion to include the following conditions: 1. THAT THE GARAGE BE SOUNDPROOFED TO PROTECT THE NEIGHBORS FROM NOISE GENERATED FROM MANUFACTURING. 2. THAT NO CHEMICALS BE USED IN THE FABRICATION OF METALS. 3. THAT THERE SHALL BE NO OUTSIDE STORAGE. 4. THAT THE DOORS OF THE GARAGE BE CLOSED AFTER 8:00 P.M. TO REDUCE ANY SOUND GENERATED FROM THE GARAGE. 5. THAT THE VARIANCE BE GRANTED FOR TWO (2) YEARS AND THAT THERE BE AN ANNUAL REVIEW OF THE CONDITIONS PLACED ON THE VARIANCE. Board Member Waldman seconded the motion to amend. The Board Members were asked to vote on the motion to amend. The motion was carried. The members locked in their votes and gave their findings as follows: Board Member Cohn voted "yes" stating she agreed with the safeguards placed on the variance and that the annual review would give the Board an opportunity to review the conditions. • Board Member George voted "yes" stating she concurred with the conditions • placed on the variance. Board Member Shaffer voted "yes" stating that the conditions placed on the variance would protect the neighborhood. Board Member Seymour voted "yes" stating he felt adequate conditions were placed on the variance. Board Member Waldman voted "yes" stating he felt the conditions for granting a variance were applicable. Chairman Welker voted "yes" stating the conditions placed on the variance will protect the neighborhood. When the votes were displayed all six Board members had voted in the favor of the amended motion. The Chairman announced the variance had been approved and reminded the applicant that there would be a review of the conditions placed on the variance at the Public Hearing, December 1992. CITY ATTORNEYS CHOICE: None. - 6 - • BOARD'S DISCUSSION ON THE TABLING OF CASE #21-91: • Discussion ensued on the rewording for the Findings of Fact for Case #21-91. • • BOARD MEMBER COHN MADE A MOTION TO AMEND THE FINDINGS OF FACT FOR CASE #21-91 with the following changes: The original wording was: "4. THAT the variance was amended to stipulate that the secondary unit cannot become a rental unit by stipulating that the Building Division shall inspect the property to insure the property is brought up to Code." The following words were deleted: "by stipulating" and changed to the following: 4. THAT the variance was amended to stipulate that the secondary unit cannot become a rental unit. 5. THAT the Building Division shall inspect the property to insure the property is brought up to Code. The word "REQUIREMENTS" was changed to " MODIFICATIONS" in the "Decision" of the Findings of Fact. The motion was moved, and carried . STAFF ADVISOR'S CHOICE: Mr. Stitt informed the Board that the original date of January 13, 1992 to meet with City Council has been changed to sometime in March. The second item was to inform the Board that the Colorado Chapter of ICBO (International Conference of Building Officials) will be having their educational sessions the first week of March and to let him know if anyone was interested in attending. BOARD MEMBERS CHOICE: Board Member Shaffer announced to the Board that this was her last meeting and that she would be moving out of the City. Chairman Welker nominated Ms. Cohn to fill the vice-presidency position vacated by Ms. Shaffer. Board Member Waldman seconded the motion. All members voted in favor of the motion. Board Member Cohn introduced for discussion the possibility of standardizing the posting signs for legibility, and perhaps less cost to the applicants. With no further business to come before the Board, the meeting adjourned at 9:45 p.m. -7 - Respectfully submitted, Cathie Mahon, Recording Secretary -8 - • • •