HomeMy WebLinkAbout1994-09-14 BAA MINUTES~.
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
ENGLEWOOD. COLORADO
SEPTEMBER .14. 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, Cohn, Welker, Waldman.
Members absent: None.
Also present: Dan Brotzman, Assistant City Attorney.
Chairman Waldman stated that with seven members present, five affirmative votes
will be required to grant an appeal or a variance .
APPROVAL OF MINUTES:
August 10, 1994
Seymour moved:
Clayton seconded: The Minutes of August 12, 1994, be approved as written.
AYES: Seymour. Christman, Smith, Clayton, Welker, Cohn, and Waldman.
NAYS: None.
Chairman Waldman ruled the Minutes be approved as written.
PUBLIC HE.ARING -CASE #13-94 RE-HE.ARING:
Robert Mennenga
4820 South Elati Street
The Chairman opened the Public Hearing stating he had proof of publication and
posting. He clarified that the rehearing was requested by the applicant to hear
additional evidence not heard at the July 13, 1994 meeting.
The Chairman stated that 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. The Chairman added that Mr. Mennenga's new evidence was a
revised plot plan and seven statements from neighbors in favor of the variance.
The Chairman asked the applicant to come forward for testimony .
Mr. Robert Mennenga
4820 South Elati Street
was sworn in for testimony. Mr. Mennenga stated that his wife has
arthritis and that navigating the stairs to the 1 aundry room in the
basement is difficult for her. He added that their mother-in-law resides
with them, and having the extra room on the main floor would be beneficial
to the entire family. He explained that his intent was to expand the
living quarters upstairs by enlarging the kitchen, adding a bathroom, and
moving the laundry room upstairs. He stated that the existing one-car
would be included in the addition to convert it into a two-car garage.
Mr. Mennenga stated the new evidence is the submittal of a more detailed
p 1 ot p 1 an and the seven statements from his neighbors in favor of his
variance request.
Mr. Mennenga addressed the conditions for granting a variance stating that
the variance will observe the spirit of the Ordinance, will not adversely
effect the public safety and welfare of the neighborhood, and will afford
relief with the least modification possible.
Mr. Mennenga concluded his testimony stating that placing the addition to
the rear of the property was not an option because it wou 1 d not be
structura 11 y conducive to the house, and because the sewer 1 i ne runs
through that area of the property.
There was no further testimony. The Chairman incorporated the staff report and
neighbors statements into the record and closed the Public Hearing.
BOARD MEMBER SEYMOUR MOVED THAT FOR CASE #13-94-REHEARING, THAT THE APPLICANT,
ROBERT MENNENGA, 4820 SOUTH ELATI STREET, BE GRANTED A VARIANCE FROM SECTION 16-
4-2: I. l. MINIMUM SIDE YARD, TO ENCROACH 5 FEET INTO THE REQUIRED 11 FOOT SIDE
YARD SETBACK.
Board Member Welker seconded the motion.
Discussion ensued.
The Chairman asked the members to lock in their votes and give their findings of
fact.
Ms. Christman voted "yes" stating that the request meets the criteria for
granting a variance: that the property is exceptional, that it would observe the
spirit of the Ordinance, would not adversely affect the neighborhood or impair
the adjacent property, and is the minimum variance that will afford relief with
the least modification of the Ordinance.
Ms. Cohn voted "yes" stating that it would not affect the neighborhood as
evidenced from the seven neighbors statements, and that the proposed placement
for the addition would leave fifteen feet between the two houses.
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Mr. Seymour voted "yes" stating that the detailed plot plan was a factor in
illustrating that the property is exceptional because of the placement of the
retaining wall along the rear of the property, the sewer line location, and the
miscellaneous landscaping.
Mr. Welker ·voted "yes" stating that although there are other options for
placement of the addition, that architecturally the proposed placement was the ·
best solution.
Mr. Smith voted "yes" stating he concurred with the previously stated statements
by Board members.
Mr. Clayton voted "no" stating in his opinion the property was not exceptional,
that the setbacks should be adhered to, and that other options should be
considered.
Chairman Waldman voted "yes" stating he agreed with previous statements by board
members.
When the votes were displayed, six members voted in the affirmative, with one
member vot i ng against the motion .
The Chairman announced the variance as granted, instructing the applicant to
apply for the necessary permits from the Building Department within six months .
CITY ATTORNEY CHOICE:
Mr . Brotzman reminded the Board that the handbook was pending their review.
Discussion ensued and it was concluded that if there are no cases to be heard in
November that an informal meeting be called in order to finalize the handbook by
the end of the year.
BOARD HEHBERS CHOICE:
The Chairman continued from the last meeting the topic of training funds for
Board members and stated that a letter will be directed to City Council to
request that funds be included in the 1995 budget.
With no further business to come before the Board, Mr. Smith made a motion to
adjourn the meeting at 7:58 p.m.
Respectfully yours,
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