HomeMy WebLinkAbout1992-11-12 BAA MINUTES•
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MINUTES
BOARD OF ADJUSTMENT ANO APPEMS
ENGLEWOOD, COLORADO
NOVEMBER 12, 1992
The Board met at 7:00 p.m. to give the members the opportunity to
meet Mr. Lee Merkel, the new Director of Community Development.
The formal meeting of the Englewood Board of Adjustment and Appeals
was convened at 7:40 p.m. by Chairman Welker.
Members present:
Members absent:
Also present:
Seymour, George, Smith, Cohn, Clayton, Waldman,
and Welker.
None.
Dan Brotzman, Assistant City Attorney
Harold Stitt, Planning Administrator
The Chairman stated that with seven 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 October 14, 1992, be
approved as written.
Board Member George seconded the motion.
Upon the call for a vote on the motion, five members voted in the
affirmative with Board Members Clayton and Cohn abstaining due to
their absence at the previous meeting.
APPROVAL OF THE FINDINGS OF FACT:
Board Member Seymour moved that the Findings of Fact for Case #18-
92, Michael Prudhomme at 4925 South Lipan Drive, and Case #20-92,
Dr. Zwiebel for the property at 3601 South Pennsylvania Street, be
approved as written.
Board Member Smith seconded the motion.
Upon the call for a vote on the motion five members voted in the
affirmative with Board Members Clayton and Cohn abstaining due to
their absence at the previous meeting .
PUBLIC HEARING FOR CASE 121-92:
2140 South Zuni Street
The Chairman explained the procedure of the meeting stating that
for the variance at hand, the request would be identified by staff,
and that the applicant and those that wish to speak either in favor
or in opposition to the request would then have the opportunity to
be heard.
The Chairman opened the public hearing, stating he had proof of
publication and posting.
Harold Stitt
Staff Advisor
was sworn in for testimony. Mr. Stitt identified the request
stating that the applicants, Emelie and Manuel Guardado, are
requesting a variance from the Comprehensive Zoning Ordinance,
Section 16-4-6:B. Permitted Principal Uses, to permit the
continued operation of a landscape business in the R-2-C,
Medium-Density Residence Zone District.
Manuel and Emelie Guardado
1957 South Galapago Street
were duly sworn in for testimony. Emelie Guardado proceeded
with testimony stating that they are the owners of Rainbow
Landscaping and are currently operating the business from the
basement of their residence at 1957 South Galapago Street, and
are using the property at 2140 South Zuni Street for storage
of landscaping materials and their trucks.
Mrs. Guardado explained that upon purchasing the property,
they were aware that the property was not zoned for commercial
use. Mrs. Guardado stated the property is vacant except for
some landscaping materials and their trucks; that no retail
sales would be sold from the property; and that they have had
no complaints.
Mrs. Guardado entered into the record statements from three
homeowners adjacent to the property stating they have no
objection to the request.
Mrs. Guardado ref erred to plans they submitted with their
application, stating the first sketch was a lay-out of the
landscaping improvement plan, and the second sketch was the
construction of two buildings: a garage and an office,
concluding that if the variance was granted the plans would be
implemented as illustrated.
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Harold Stitt
Staff Advisor
approached the podium. Mr. Stitt advised the Board that their
consideration for the subject property was to determine if the
residential property could be rezoned to allow for the
commercial use of a landscaping business.
Mr. Stitt briefed the Board that a public hearing took place
for the purpose of the Planning Commission to consider
rezoning the B-2 and the R-2-C portion along the West Evans
Corridor to a new B-3 zone district. Mr. Stitt noted that a
landscape business would not have been a permitted use in the
proposed B-3 zone district; that the I-1 or I-2 zone districts
are the only zone districts where a landscape business could
operate legally.
Mr. Stitt concluded by summarizing that the proposed rezoning
recommendation from the Planning Commission was rejected by
City Council.
Emelie Guardado
was requested by the Board to approach the podium. Mrs.
Guardado answered questions concerning the proposal of
constructing a garage and office on the property .
There were no further questions and no speakers for or against the
variance request. The Chairman incorporated the Staff Report and
exhibits into the record and closed the Public Hearing.
BOARD MEMBER WALDMAN MOVED THAT IN CASE #21-92, THE REQUEST FILED
BY MANUEL AND EMELIE GUARDADO FOR THE PROPERTY LOCATED AT 214 0
SOUTH ZUNI STREET, THAT A USE VARIANCE BE GRANTED FROM SECTION 16-
4-G:B. PERMITTED PRINCIPAL USES, TO PERMIT THE CONTINUED OPERATION
OF A LANDSCAPE BUSINESS IN THE R-2-C MEDIUM DENSITY RESIDENCE ZONE
DISTRICT.
Board Member Seymour seconded the motion.
Discussion ensued.
The members locked in their votes and gave their findings of fact:
Board Member Cohn voted "no" stating in her opinion it was
inappropriate for the Board to spot zone the use of property, and
that granting the variance could be detrimental to other uses in
the neighborhood .
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Board Member Clayton voted "no" stating in his opinion it would be
outside the jurisdiction of the Board to override the City
Council's decision to reject the rezoning proposal for the
property along the West Evans corridor. Mr. Clayton added that it
is unfortunate that the applicants purchased the property knowing
that it was not zoned for commercial use.
Board Member Waldman voted "no" stating the request does not meet
the 5 conditions for approving a use variance request.
Board Member Seymour voted "no" stating he is of the opinion the
request does not meet the necessary conditions for granting the
variance.
Board Member George voted "no" stating al though some of the
conditions were applicable, the proposed use is not compatible with
the standards set forth in the Comprehensive Plan.
Board Member Smith voted "no" stating he is of the opinion that the
Board should not participate in spot zoning, and that the Board
should not override the City Council's decision to reject the
proposal for rezoning.
Chairman Welker voted "no" stating he was of the opinion the Board
would be out of their jurisdiction to approve the variance request .
When the votes were displayed, all seven members had voted against
the variance request 0-7.
The Chairman ruled the variance was denied.
STAFF ADVISOR'S CHOICE:
Mr. Stitt advised the Board that there were four (4) cases for the
December public hearing. After discussion it was decided that the
December 9, 1992 meeting would start at 7:00 p.m.
CITY ATTORNEY'S CHOICE:
None.
BOARD MEMBERS CHOICE:
Chairman Welker announced that he has moved his business to
Englewood.
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There being no further business to come before the Board, the
meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Cathie Mahon
Recording Secretary
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