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HomeMy WebLinkAbout1994-08-10 BAA MINUTES•• • • MINUTE5 BOARD OF ADJUSTMENT AND APPEAl.S ENGLEWOOD.COLORADO AUGUST 10. 1994 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Waldman at 7:30 P.M. Members present: Seymour, Christman, Smith, Clayton, Waldman,·Cohn, and Welker Members absent: None Also present: Harold J. Stitt, Planning Administrator Dan Brotzman, Assistant City Attorney Chairman Waldman stated that with seven members present, five affirmative votes will be re- quired to grant an appeal or a variance. APPROVAL OF MINUTES . July 13, 1994 Seymour moved: Clayton seconded: The Minutes of July 13, 1994, be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Seymour, Christman, Smith, Clayton, Waldman None None Cohn, Welker Chairman Waldman ruled the Minutes approved as written. APPROVAL OF FINDINGS OF FACT Case #13-94 --4820 South Elati Street Case #14-94 --4591 South Huron Street Case #15-94 --1200 West Dartmouth Avenue Seymour moved: Smith seconded: The Findings of Fact for Case #13-94, Robert Mennenga, 4820 South Elati Street; Case #14-94, David and Melinda Densmore, 4591 South Huron Street; and Case #15-94, Ron Hanstrom, dba Ron's Tire Service, 1200 West Dartmouth Avenue, be approved as written. 1 AYES: NAYS: Seymour, Christman, Smith, Clayton, Waldman None ABSENT: None ABSTAIN: Cohn, Welker Chairman Waldman ruled the Findings of Fact approved as written. REQUEST FOR RE-HEARING Robert Mennenga 4820 South Elati Street Case #13A-94 The request before the Board is to grant a re-hearing to Robert Mennenga, 4820 South Elati Street. Chairman Waldman stated that five affirmative votes will be required to grant a rehear- ing to Mr. Mennenga. Mr. Mennenga's request was for a variance from Section 16-4-2:!.l, Minimum Side Yard, to encroach five feet into the required 11 foot side yard setback . Mr. Mennenga has submitted new information to the Board, which information includes statements from his adjacent and adjoining neighbors indicating no objection to the request, and a more detailed plot plan of his ownership indicating room layout and the location of landscaping features. Smith moved: Clayton seconded: The Board of Adjustment and Appeals grants a re-hearing to Robert Mennenga, 4810 South Elati Street, said hearing to be conducted on September 14, 1994. Mr. Clayton stated that in his opinion, the latest submittal from Mr. Mennenga could have been presented at the time of the hearing on July 13, 1994. Mr. Clayton finds nothing in the "new evidence" that would affect his decision regarding the case. Mr. Waldman stated that Mr. Mennenga has presented signed affirmations from seven neigh- bors. Mr. Waldman further pointed out that the "alley" in this block is not a dedicated right- of-way. Mr. Waldman stated that he does not find the clarified plot plan to be a basis for granting a re-hearing. Mr. Stitt commented that Mr. Mennenga does pay taxes on the portion of the "alley" which is used as an accessway because it is not dedicated right-of-way. Mr. Clayton reiterated that Mr. Mennenga could have obtained the written affirmations from his neighbors in time for submission on July 13, and that he is sure this was suggested to Mr. Mennenga. 2 • • • • • Mr. Seymour stated that he is of the opinion the clarified plot plan will be a factor in a re- hearing, commenting on the location of the landscaping features which were not elaborated on previously. In his opinion, the landscaping features do have an impact on the possible location of the new garage. Mr. Seymour asked where the Board advised Mr. Mennenga to locate the new garage. Mr. Clayton responded that the Board did not suggest a location for the new garage, just that there was no need to violate the setback requirement. Mr. Clayton further commented that there was no reason Mr. Mennenga could not have presented a better plot plan at the Hearing on July 13. Mr. Welker asked for clarification on the statement that no garages in the 4800 block of South Elati access from the alley, but that two houses in the 4800 block of South Delaware do have access from the alley. Mr. Stitt responded to the request. Mr. Clayton stated that he did not feel the Board would be "granting any favor" to Mr. Men- nenga to grant a re-hearing. Mr. Welker stated that two members of the Board were absent at the previous hearing, and if the entire seven member Board heard the case again, it might change the chances for the applicant. Mr. Welker also noted that Mr. Mennenga has submit- ted the affirmative statements from his neighbors, which he apparently did not have on July 13. Ms. Christman commented that it was a close vote at the July 13 meeting . Ms. Cohn stated that the information Mr. Mennenga has presented is "new evidence". Ms. Cohn also commented that she would support the idea of suggesting new configurations for the proposed new garage to Mr. Mennenga. The Board voted on the motion to grant a re-hearing to Mr. Robert Mennenga. AYES: NAYS: ABSENT: ABSTAIN: Seymour, Christman, Smith, Clayton, Cohn, Welker, Waldman None None None Chairman Waldman ruled that a re-hearing will be granted to Mr. Mennenga, said hearing to be conducted on September 14, 1994. Staff is directed to so notify the applicant. STAFF ADVISOR'S CHOICE Mr. Stitt stated he had nothing to bring before the Board. CITY ATTORNEY'S CHOICE Assistant City Attorney Brotzman stated he had nothing to bring before the Board. 3 BOARD MEMBER'S CHOICE Mr. Clayton suggested that the City Manager and City Council be requested to appropriate at least $2,500 in the 1995 budget to cover training costs for members of the Board. He com- mented that UBC training is importint, and that DRCOG has sponsored some training sessions that are very beneficial. Discussion ensued. Smith moved: Clayton seconded: Chairman Waldman be directed to write a letter to City Manager Clark asking for an appropriation in the 1995 Budget of $2,800 to cover train- ing costs for members of the Board of Adjustment and Appeals. All members voted affirmatively. Mr. Stitt emphasized the need to have a firm budget figure to work with. Mr. Clayton also suggested that staff explore other training sessions that might be appropriate for members of the Board. The meeting was declared adjourned at 7:50 P.M. G~dhj- Recording Secretary Pro-Tern 4 •• • •