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HomeMy WebLinkAbout1992-10-14 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO OCTOBER 14, 1992 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Welker at 7:30 p.m. Members present: Members absent: Also present: Seymour, George, Smith, Waldman and Welker. Cohn, and Clayton. Dan Brotzman, Assistant City Attorney Harold Stitt, Planning Administrator The Chairman stated that with five members present, four 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 9, 1992, be approved as written. Board Member George seconded the motion. All five members voted in favor of the motion, and the Chairman ruled the Minutes of September 9, 1992, approved as written. APPROVAL OF FINDINGS OF FACT: Board Member Waldman moved that the Findings of Fact for Case #11- 92, Robert Johnson for 4675 South Inca Street; and Case #16-92, Steve Hamlin for 3731 South Cherokee Avenue be approved as written. Board Member Seymour seconded the motion. All five members voted in favor of the motion, and the Chairman ruled the Findings of Fact approved as written. PUBLIC HEARING FOR CASE #18-92: 4925 South Lipan Drive The Chairman opened the public hearing, stating he had proof of publication (the applicant testified he had posted the property for the required fifteen days) . Harold Stitt Staff Advisor was sworn in for testimony stating the applicant, Michael Prudhomme, for the subject property at 4925 South Lipan Drive, was requesting a variance from the Comprehensive Zoning Ordinance, Sections 16-4-2 M 2. b, c, and d, Accessory Buildings, in order to permit an oversized shed that is over height, and encroaching into the side yard setback. The Chairman asked the applicant to come forward for testimony. Michael Prudhomme 4925 South Lipan Drive was sworn in for testimony. Mr. Prudhomme explained that he was requesting a variance to permit an oversized shed measuring 144 square feet, 10'6" in height, and encroaching one foot into the required five foot sideyard. Mr. Prudhomme explained that the storage shed was almost completely constructed when a City employee stopped to inquire about a building permit. Mr. Prudhomme stated at that time, he was issued a stop work order and was instructed to obtain a permit from the Building and Safety Department. When he submitted his construction plans he was advised by zoning personnel that his shed did not conform to the zoning regulations: it exceeded the maximum total floor area of 100 square feet; it exceeded the maximum height of ten feet (10'); and that it encroached into the required five foot (5') side yard. Mr. Prudhomme stated the new shed is a replacement for a dilapidated shed located on the easement in the rear yard of the property. Mr. Prudhomme explained that his intent was to construct a new shed that would be complimentary to the house and that in order to do so make the ridge line of the roof 10'6". Mr. Prudhomme added that because his property is pie- shaped the placement of the shed lines up to the house but is at an angle to the side yard thus having one corner of the shed encroaching one foot into the side yard setback. Mr. Prudhomme submitted for the record two statements from neighbors stating they have no objection to the new shed. Mr. Prudhomme concluded that because of the unusual angling of his property and the easement in the rear of the property, he was limited to the placement of the shed. There were no speakers for or against the variance request. The Chairman incorporated the Staff Report into the record and closed the Public Hearing. Discussion ensued. 2 • • • • • • BOARD MEMBER WALDMAN MADE A MOTION THAT FOR CASE #18-92, THAT THE APPLICANT, MICHAEL PRUDHOMME FOR THE PROPERTY LOCATED AT 4525 SOUTH LIPAN DRIVE, BE GRANTED A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTIONS 16-4-2:M 2. b, c, and d, ACCESSORY BUILDINGS, TO PERMIT AN OVERSIZED SHED THAT IS OVER HEIGHT AND ENCROACHING INTO THE SIDEYARD SETBACK. Board Member Seymour seconded the motion. The members locked in their votes and gave their findings of fact: Board Member Smith voted "yes" stating the applicant has shown that exceptional circumstances exist and that in his opinion 144 square feet for a storage shed is not exceptional on an oversized lot. Board Member George voted "yes" stating she concurred. Board Member Seymour voted "yes" stating granting the variance will not adversely affect the adjacent properties as evidenced by the neighbors statements supporting the variance request. Board Member Waldman voted "yes" stating he concurred with previous reasons stated by Board Members. Board Member Welker voted "yes" stating he concurred with previous stated reasons . When the votes were displayed, all five members had voted in the affirmative 5-0. The Chairman announced the variance was granted and directed the applicant to proceed with applying for the appropriate permit with the Building and Safety Department. PUBLIC HEARING -CASE #20-92 3601 South Pennsylvania Street The Chairman opened the Public Hearing stating he had proof of publication and posting. Harold Stitt Staff Advisor introduced the case stating the applicant was Paul Zwiebel, M.D., and the property owner as Swedish Medical Center. Mr. Stitt stated the applicant was requesting a variance from Section 16-4-S:K,3. Minimum Side Yard, in order to permit the construction of an addition to an office building which would encroach six feet into the required sideyard setback. Mr. Stitt submitted for the record a letter received by the City from Mr. and Mrs. Trogstad, stating they were in opposition to the variance request . Mr. Stitt also submitted for the record a rendering of the proposed project from the architect. • Paul Zwiebel, MD. 8381 South Park Lane Littleton, Colorado 80120 was sworn in for testimony. Dr. Zwiebel explained that he has been conducting his practice at Swedish Medical Center, 501 East Hampden and that SMC made the offer to him to lease their building located at 3601 South Pennsylvania Street. Dr. Zwiebel explained that several problems existed before occupying the premises for tenancy. Dr. Zwiebel explained that the current elevator did not meet the requirements outlined in the Americans with Disabilities Act (ADA) . Dr. Zwiebel explained that before assuming tenancy an elevator of adequate dimensions must be constructed in order to comply with the Disabilities Act requirements for handicap access. Dr. Zwiebel described for the Board existing circumstances of the building on the subject property. Dr. Zwiebel explained that previous owners had constructed the "building on stilts" using the first or what is the ground level, for parking and that in actuality the "main floor" where the offices are, is on the second level. With that depiction, Dr. Zwiebel stated that the configuration of the building makes it untenable to convert the parking area to office space since there was currently adequate off ice space on the second level. Dr. Zwiebel stated that after lengthy review of the building and property with architects that enclosing the ground level for wheelchair access and shelter was proposed. Dr. Zwiebel stated that construction on the east or south area of the lot was not feasible as it would obstruct adjacent buildings. Dr. Zwiebel stated that his proposal submitted to the City for review was to be able to extend the building north with additional footage needed to complete their plan. Dr. Zwiebel concluded by stating in his opinion the building and landscaping proposal would enhance the neighborhood by aesthetically changing the appearance of the "building on ) stilts". Dr. Zwiebel entered into the record statements from three neighbors stating they have no objection to the requested variance. • • • • • Mr. Michael Davis 7995 East Prentice Englewood, Colorado was sworn in for testimony. Mr. Davis stated that he has been retained by Dr. Zwiebel as the architect for the building project on the subject property. Mr. Davis submitted for the record a drawing of the building to assist in illustrating the drawbacks of the existing elevator, and sketched for the Board the area for the proposed enclosed elevator area. Mr. Davis concluded by stating that their proposal would preserve as much of the existing stairway as possible, and that some of the area on the ground floor would be utilized for the machine room and some storage. Mr. Davis concluded by stating in his opinion the proposed construction and the increase in landscaping would aesthetically improve the property. Harold Stitt Staff Advisor approached the podium to present a history of the subject property. Mr. Stitt discussed the lot coverage, landscaping, and the north sideyard set back, concluding that the proposed office use was the best use for the subject property . There were no further speakers for or against the request. The Chairman incorporated the Staff Report into the record and closed the Public Hearing. BOARD MEMBER SEYMOUR MADE A MOTION THAT FOR CASE #20-92, FOR THE SUBJECT PROPERTY AT 3601 SOUTH PENNSYLVANIA, THE APPLICANT DOCTOR PAUL ZWIEBEL, BE GRANTED A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-8-:K, 3. MINIMUM SIDE YARD, IN ORDER TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN OFFICE BUILDING THAT WOULD ENCROACH INTO THE REQUIRED SIDEYARD SET BACK. Board Member Smith seconded the motion. Discussion ensued. The members locked in their votes and gave their findings of fact: Board Member Seymour voted "yes" stating the proposal would have no adverse effect on adjacent properties. Board Member George voted "yes" stating in her opinion the request meets the conditions for granting a variance . Board Member Smith voted "yes" stating he concurred with the reasons stated by other board members. Board Member Waldman voted "yes" stating he was of the opinion that the property is exceptional, and that by granting the variance to improve the accessibility of the building by providing access for the handicapped, it would observe the spirit of the ordinance. Chairman Welker voted "yes" stating granting the variance allows Dr. Zwiebel to comply with the codes for handicap access to the building. When the votes were displayed all five members had voted in the affirmative 5-0. The Chairman ruled the variance was granted and directed to the applicant to apply for the appropriate building permits with the Building and Safety Department. STAFF ADVISORS CHOICE: Mr. Stitt advised the Board that City Hall will be closed for the next regularly scheduled meeting date (Veterans Day) so the meeting has been rescheduled for Thursday, November 12, 1992. Mr. Stitt informed the Board the Building & Safety Department received a letter from Advance Advertising (Case #6-92) requesting that the sign permit for The Drapery Factory be cancelled. Mr. Stitt stated the building is in foreclosure and The Drapery Factory has chosen to erect temporary signs for now. Mr. Stitt stated the variance runs with the property so regardless of who occupies the building, the occupant could erect a sign on West Dartmouth Avenue, adding that if no action occurs in reference to Case #6-92, that the variance will be nullified after six (6) months. CITY ATTORNEYS CHOICE: None. BOARD MEMBERS CHOICE: None. With no further business to come before the Board, the meeting adjourned at 8:45 p.m. Respectfully submitted, Cathie Mahon, Recording Secretary • • •