HomeMy WebLinkAbout1993-09-08 BAA MINUTES•
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
ENGLEWOOD. COLORADO
SEPTEMBER 8. 1993
The regular meeting of the Englewood Board of Adjustment and Appeals was called
to order by Chair Cohn at 7:30 p.m.
Members present:
Members absent:
Also present;
Seymour , George, Smith, Clayton, Welker , Waldman, and
Chair Cohn.
None.
Dan Brotzman, Assistant city Attorney
Harold Stitt, Planning Administrator
The Chair stated that with seven members present, five affirmative votes would
be required to grant an appeal or a variance. stating the Board is authorized to
grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code .
APPROVAL OF HINlJTES:
Board Member Seymour moved that the minutes of July 14, 1993 be approved as
written.
Board Member Clayton seconded the motion.
Upon the call for a vote on the motion. seven members voted in the affirmative.
The Chair ruled the Minutes of July 14, 1993 approved as written.
APPROVAL OF FINDINGS OF FACT:
Board Member Seymour moved that the Findings of Fact for Case #2-92, H & K
Automotive. 3211 South Broadway, and Case #9 -92, Mr. Richard Harding for Highwood
Auto Body at 4822 South Broadway, be approved as written.
Board Member Welker seconded the motion.
Upon the ca 11 for a vote on the motion, a 11 seven members voted in the
affirmative .
The Chair ruled the Findings of Fact approved as written .
OJJ v
PUBLIC HEARING -CASE /16-93:
4078 South Lincoln Street
The Chair opened the Public Hearing stating she had proof of publication. and
posting, and asked the staff to identify the request.
Harold Stitt
Planning Administrator
was sworn in for testimony. He explained that the applicants, Randahl and
Tammi Headley, are requesting a variance from the Comprehensive Zoning
Ordinance. Section 16-4-6:J,l. Minimum side yard setback, in order to
construct an addition which would encroach six feet into the required
seven foot side yard setback and be less than ten feet from the adjacent
structure.
The Chairman asked the applicant to come forward for testimony.
Randahl Headley
4078 South Lincoln Street
was sworn in for testimony. Mr . Headley explained that there are
currently six children. some of his own and some foster children, plus two
adults. with only two bedrooms for the eight people. Mr. Headley stated
that currently the children sleep in the existing two bedrooms and that he
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and his wife sleep in the living room. Mr. Headley stated the proposed
addition would include five bedrooms. a master bedroom. and would result •
in the living room being used for its intended purpose instead of sleeping
quarters. Mr. Headley added that his plans also include handicapped
accessibility with an entrance ramp to the house, and appropriate openings
and stairways to accommodate the one handicapped child they are fostering,
and to provide accessibility for future handicapped children.
Mr. Headley responded to the Board's concern about an alternative plan for
the placement of the addition that would not necessitate encroaching into
the side yard setback. His response was that he did not want to build
towards the rear of the house because it would reduce the children's play
area. adding that the State requirements specifically state that a certain
amount of footage per child is required.
Mr. Headley submitted into the record four (4) statements from neighbors
stating they have no opposition to the requested variance .
Mr. Headley concluded that the addition would provide bedrooms for his
family and would allow the living room to be used for its intended
purpose.
There were no further speakers for or against the variance request. The Chair
incorporated into the record the Staff Report, and neighbor's statements into the
record and closed the Public Hearing.
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BOARD MEMBER WALDMAN MADE A MOTION THAT FOR CASE #6-93 FOR THE SUBJECT PROPERTY
AT 4078 SOUTH LINCOLN STREET. THAT A VARIANCE BE GRANTED FROM THE COMPREHENSIVE
ZONING ORDINANCE, SECTION 16-4-6:J-1. MINIMUM SIDE YARD SETBACK. WHICH STATES
THAT THERE BE A TOTAL SETBACK OF 10 FEET WITH NO SETBACK LESS THAN 3 FEET. IN
ORDER TO ALLOW FOR AN ENCROACHMENT INTO THE SIDE YARD SETBACK FOR THE PURPOSE OF
AN ADDITION.
Board Member Seymour seconded the motion.
Discussion ensued.
After further discussion Board Member Smith moved to table the motion.
The Chair requested that the applicant approach the podium.
Randahl Headley
4078 South Lincoln Street
approached the podium. He responded to questions from the Board about an
alternative plan for the addition. if he would be willing to review the
addition with his architect. and if he would consider returning for the
next meeting with plans that would not encroach into the side yard
setback.
Mr. Headley stated he would be willing to retract his existing proposal .
and return for the next meeting with an alternative plan .
Discussion ensued.
BOARD MEMBER SMITH MADE A MOTION TO TABLE THE REQUEST FOR A VARIANCE, CASE #6-93
UNTIL THE NEXT PUBLIC HEARING ON OCTOBER 13, 1993.
Board Member Seymour seconded the motion.
All members agreed to the motion to table the case.
STAFF ADVISOR'S CHOICE:
Mr. Stitt discussed the draft copy of the Board of Adjustment Handbook and
discussion ensued.
CilY ATTORNEY'S CHOICE:
None.
BOARD MEMBER'S CHOICE:
None .
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With no further business to come before the Board, the meeting was adjourned at
8:25 p.m.
Respectfully submitted,
c~---Cathie Mahon.
Recording Secretary
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