The URL can be used to link to this page

Home My WebLink About1992-01-08 BAA MINUTESMINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD, COLORADO January 8, 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: Seymour, George, Cohn, Waldman, and Welker. Members absent: None. Also present: Harold Stitt, Staff Advisor Dan Brotzman, Assistant City Attorney 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 December 11, 1991 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 December 11, 1991, approved as written. APPROVAL OF FINDINGS OF FACT. Board Member Seymour moved that the Findings of Fact for Case #24-91, Mr. Joseph Wolkensdorfer, 2800 South Clarkson Circle, and Case #25-91, Mr. Jack Davis, 4210 South Washington Street, be approved as written. Board Member George seconded the motion. All five members voted in favor of the motion, and the Chairman ruled the Findings of Fact be approved as written. REHEARING FOR CASE #21-91: 4734 South Bannock Street The Chairman explained that the reason for the rehearing for Case #21-91, was to allow Mr. Robert Cook, who had stated he was unable to enter City Hall to testify before the Board at the Public Hearing on November 13, 1991, to present his testimony. Chairman Welker .stated that Mr. Cook wrote a letter concerning his being locked out of City Hall; the issue was reviewed by the -1 - Board at the December 11, 1991, meeting; and at that meeting it was decided to schedule a rehearing of the case. The Chairman opened the Public Hearing stating he had proof of publishing and posting. The Chairman clarified that the rehearing was to hear additional evidence and not to rehear and/or duplicate testimony heard at the November 13, 1991 meeting. With that clarification, the Chairman asked Mr. Robert Cook to approach the podium. Mr. Robert J. Cook 4754 South Bannock Street was sworn in for testimony. Mr. Cook entered into the record photographs and a site plan to assist with the explanation of the placement of a fence between his property and the property owned by Mr. Juarez. Mr. Cook referred to the numbered photographs for visual means of identify i ng the retaining wall and fence between the subject property and his property, stating that he wanted Mr. Juarez to allow for an easement in order for the wall to be extended to the West to provide him privacy from the subject property. Mr. Cook concluded his testimony stating that in his opinion, the use of the property as a rental was a nuisance and that there were frequent instances of noise disturbances from previous renter's. Cathy Kosal 4731 South Acoma Street was sworn in for testimony. Ms. Kosal stated that she resides adjacent to the subject property and that she was present to testify that she was in favor of the variance. Ms. Kosal stated that in her opinion Mr. Juarez kept the property in immaculate condition and that she could not recall any disturbances with past tenants. Ms. Kosal concluded that she did not oppose the variance and would rather have the property occupied than vacant. Rafael Juarez 13494 Omega Circle, Littleton Property owner of 4734 South Bannock Street was sworn in for testimony. Mr. Juarez began testimony stating that in his opinion Mr. Cook had offered no new evidence to pose opposition to the requested variance and that the pictures submitted by Mr. Cook were not germane to the variance request. Mr. Juarez submitted for the record a petition signed by twenty-four (24) property owners and/or tenants residing in the 4700 block of South Bannock and South Acoma stating that they found no fault with Mr. Juarez as a landlord; that the property had been maintained; that no disturbances had been witnessed; that the property was free of debris; and that they had no objection to the variance ·request . In addition to the twenty-four signatures on the petition, Mr. Juarez submitted statements from three (3) neighbors stating they have no objection to the variance request. -2 - Mr. Juarez discussed the letter addressed to the Board from Paul Malinowski, Executive Director of the Englewood Housing Authority, who stated in the letter that the department had experienced no problems with Mr. Juarez as a landlord, and that the property had passed inspections for "safety, sanitary, and decency standards." Mr. Juarez countered the accusation from Mr. Cook that former tenants created disturbances, by entering into the record a letter from the Police Department (Safety Services}, whose department files verified that no complaints were lodged for the subject property during a two year period between January of 1990 through December of 1991. Mr. Juarez countered Mr. Cook's concern about the remodel of the accessory structure. He entered into the record a copy of the warranty deed for Mr. Cook's property at 4754 South Bannock Street. Mr. Juarez wanted to address the fact that Mr. Cook purchased his property in 1968 and was residing at the property when the building permit to remodel the accessory structure (add the wet bar and bathroom) was applied for in 1975. Mr. Juarez concluded that his intent for the subject property has always been for single-family occupancy on the premises. Mr. Robert Cook approached the podium again and reiterated his initial concern about an easement on the subject property and about renter's disturbances . . There were no further questions, and no other speakers for or against the variance. The Chairman made the staff report, photographs, and exhibits part of the record. Mr. Stitt made a point of clarification stating the variance request was not whether or no~ one or two families could reside on the property; but whether the rear/accessory structure could be used for the full range of single family residential activities. The Chairmari closed the Public Hearing and advised the Board that the motion from the November meeting was null and void. BOARD MEMBER SEYMOUR MOVED THAT IN CASE #21-91, THE APPLICANT, MR. RAFAEL JUAREZ, FOR 4734 SOUTH BANNOCK STREET, BE GRANTED A VARIANCE FROM SECTION 16-4-6:M., ACCESSORY BUILDINGS AND PERMITTED ACCESSORY USES, TO PERMIT THE USE OF THE ACCESSORY STRUCTURE FOR ADDITIONAL LIVING SPACE WITH THE CONDITION THAT THIS PROPERTY BE USED FOR SINGLE-FAMILY USE ONLY. Board Member George seconded the motion. Discussion ensued. The members locked in their votes and gave their findings as follows: Board Member George voted "yes" stating she was of the opinion that the variance meets the requirements for granting a variance. - 3 - Board Member Seymour voted "no" stating he was of the opinion that granting the variance would not meet the necessary requirements. Board Member Waldman voted "yes" stating he felt the two existing buildings on the property presents a unique situation and it would present undue difficulty if the accessory building could not be used for sleeping purposes; and that he felt granting the variance would not adversely affect the neighborhood. Board Member Cohn voted "yes" stating she was of the opinion that undue practical difficulties would occur if the variance was not granted. Board Member Welker voted "yes" stating the housing situation as it exists is one that is unique and difficult and that in his opinion it would be better to have the property occupied. When the votes were displayed four members voted in the affirmative, with Mr. Seymour voting against the motion. The Chairman announced that the variance was granted. CITY ATTORNEY'S CHOICE: None. STAFF ADVISOR'S CHOICE: Mr . Stitt informed the Board that the ICBO education sessions scheduled for the first week of March, still had openings and to let him know if they were interested in attending so registration could be processed. Mr. Stitt informed the Board that the meeting with City Council has been scheduled for March 2, 1992 at 6:00 p.m._ BOARD MEMBERS CHOICE: None. There being no further business to come before the Board, the meeting adjourned at 9:25 p.m. Respectfully submitted, Cathie Mahon Recording Secretary - 4 -