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HomeMy WebLinkAbout1993-02-10 BAA MINUTES• • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD. COLORADO February 10. 1993 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 , Cohn, Clayton, and Welker. Waldman . Dan Brotzman, Assistant City Attorney Harold Sti tt, Planning Administrator The Chairman stated that with six 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 Smith moved that the minutes of January 13. 1993, be approved as written. Board Member Clayton seconded the motion. Upon the call for a vote on the motion, all members voted in the affirmative. The Chairman ruled the Minutes of January 13, 1993, approved as written. APPROVAL OF FINDINGS OF FACT: Board Member Seym9ur moved that the Findings of Fact for Case #1-93, David McQueen of 4357 South Delaware Street, be approved as wr i tten. Board Member Smith seconded the motion. All six members voted in favor of the motion. and the Chairman ruled the Findings of Fact approved as written. · Board Member Seymour moved that the Findings of Fact for Case #2-93, First Federal Savings Bank at 4301 Sout h Broadway, be approved as written. • Board Member Clayton seconded the motion. Discussion ensued as to the wording for item #3 of the conditions placed on the • motion. Board Member Clayton moved that the motion for the Findings of Fact for Case #2- 93, be amended to read: 3) "that the entire wall separating the stairwell where access can be gained to the elevator from the remainder of the building shall be constructed with a 1-hour fire rating." Board Member Smith seconded the amended motion. All six members voted in favor of the amended motion and the Chairman ruled the Findings of Fact approved as written. ELECTION OF OFFICERS: Board Member Seymour made a motion to elect Ms. Linda Cohn for Chairman, and Mitch Waldman for Vice-Chairman. Board Member Smith seconded the motion. The motion was approved by all members. Ms. Cohn assumed the Chair. The Chair opened the Public Hearing stating she had proof of publication and posting. PUBLIC HEARING -CASE #3-93: 4881 South Lipan Street The Chair opened the Public Hearing stating the procedure for the meeting would be that the variance request would be identified by City Staff, and the applicant and those that wish to speak would then have the opportunity to be heard. Harold Stitt Staff Advisor was sworn in for testimony. Mr. Stitt identified the request stating that the applicant, Mr. Babcock for 4881 South Lipan Street, was requesting for a variance from the Comprehensive Zoning Ordinance, Section 16-4-2:1, Minimum Side Yard, in order to encroach two and one half feet (2 1/2') into the required seven foot (7') side yard setback, for the purpose of an addition. The Chair asked the applicant to come forward for testimony. Robert Babcock 4881 South Lipan Street was sworn in for testimony. Mr. Babcock stated that his request to enlarge the kitchen and dining room area was in order to accommodate the increase in family members. 2 • • • • • Mr. Babcock explained that building onto the back of the house (west) was not an option because it would require the removal of: the patio roof, the patio concrete slab, a service box, and would cover a basement window. Mr . Babcock stated he was advised that financially building the addition to the back of the house would cost more per square foot than from the north side as proposed. Mr. Babcock entered into the record statements from two neighbors stating they had no objection to the proposed variance request. Mr. Babcock answered the Board's concern about the neighbor north of his property, who would be most affected by the encroachment, stating that the property owners had signed a statement stating they have no objection to the proposed addition. Mr. Babcock concluded that financially he would not consider the addition on the back of his house: that in his opinion the proposed addition would not affect public safety, would not adversely affect the adjacent property as there is thirty feet (30') between the neighbor to the north and his property, and that granting the variance would afford relief to his situation. Board Member Clayton questioned the applicant on the variance granted approximately fifteen years ago to encroach into the side yard setback in order to construct a garage. There were no further speakers for or against the variance request . The Chair incorporated the Staff Report into the record and closed the public hearing. BOARD MEMBER SEYMOUR MADE A MOT ION THAT FOR CASE #3·93, FOR MR. ROBERT BABCOCK PROPERTY OWNER OF 4881 SOUTH LIPAN STREET, BE GRANTED A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-2:I, MINIMUM SIDE YARD, IN ORDER TO ENCROACH TWO AND ONE HALF FEET INTO THE REQUIRED SEVEN FOOT SIDE YARD SETBACK FOR THE PURPOSE OF AN ADDITION. Board Member Clayton seconded the motion. Discussion ensued. The members locked in their votes and gave their findings as follows: Board Member Seymour voted "yes" stating that he was of the opinion that the request meets the five requirements for granting a variance, and that having the neighbors approval was a positive factor. Board Member George voted "yes" concurring. Board Member Smith voted "no" stating in his opinion the request does not present a hardship, does not meet the conditions for granting a variance, and that the property north could, in the future, be affected by the encroachment . 3 Board Member Clayton voted "no" stating that in his opinion there were other • options. Board Member Welker voted "no" stating that in his opinion the request does not meet the conditions for granting a variance. Chair Cohn voted "yes" stating that in her opinion there were undue practica l difficulties with the existing house and granting the variance would enable the applicant to meet the demands of his expanding family. When the votes were di sp 1 ayed. three members voted in favor of the request. with three members voting in opposition. The Chair announced the variance request as denied. Chair Cohn advised the applicant of the appeal process, and his right in which he can file for a review of the Board's decision by District Court. and the time frame of thirty (30) days in which to do so. STAFF ADVISOR'S CHOICE: Mr. Stitt reminded the Board of the annual meeting with City Council on March 1, 1993, at 6:00 p.m. Mr . Stitt stated the BOA Handbook has not been updated since March of 1986 . stating that if there is a meeting with no cases , that there will be a study session for discussion, and rewriting the handbook. Mr. Stitt requested that the board members have comments , and/or suggestions ready to turn in to him by the next meeting. CilY ATTORNEY'S CHOICE: None . BOARD MEMBERS CHOICE: None. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Cathie Mahon, Recording Secretary 4 • •