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HomeMy WebLinkAbout1994-11-09 BAA MINUTES• • MINlITES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD. COLORADO NOVEtt3ER 9. 1994 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, Christman, Smith, Clayton, Welker and Waldman. Cohn. Harold Stitt, Planning Administrator Dan Brotzman, Assistant City Attorney Chairman Waldman stated that with six members of the Board present, five affirmative votes would be required to grant an appeal or 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 MINlITES: October 12, 1994 Mr. Seymour moved that the Minutes of October 12, 1994 be approved as written . Mr. Clayton seconded the motion . The Chairman ruled the Minutes approved as written. PUBLIC HEARING -CASE #16-94: Thomas E. McCarthy for Jet Wash 90 West Belleview Avenue The Chairman opened the public hearing stating he had proof of publication and posting. Harold Stitt, Planning Administrator was sworn in for testimony. He stated that the request was for a variance from Section 16-4·18: Landscaping, of the Comprehensive Zoning Ordinance , for a reduction in the required landscaping. The Chairman asked the applicant to come forward for testimony. Thomas E. McCarthy for Jet Wash 90 West Belleview Avenue, was sworn in for testimony. Mr McCarthy stated his request .for a variance from the landscaping requirement was for relief from replacing the existing landscaping to be taken by COOT when they widen Belleview Avenue . He referred to the two site plans submitted with his application to assist in illustrating the strip along Belleview Avenue will be approximately seventeen feet wide by ninety feet long. He continued to refer to the • , site plans pointing out that with the placement of the building on the site, no other area was available for landscaping. He added that if he were required to put landscaping in front there would not be sufficient turning radius for cars exiting from the carwash. He explained that five years ago when Jet Wash was constructed the project was completed within the requirements of the Landscape Ordinance. He stated that to be required to replace the landscaping would render impossible the continuance of conducting business there. Board Member Clayton asked the applicant if he was being compensated by COOT (Colorado Department of Transportation.) Mr. McCarthy replied that no exact dollar figure has been determined. Harold Stitt, Planning Administrator offered additional information. He explained that the widening of the Broadway/Belleview corridor has been in the works for several years. He clarified that there were two options for consideration by the Board: either request that the applicant make improvements on the site, or request the applicant to contribute a fee in lieu of the amount of landscaping removed. He further explained that due to the location of the carwash on the site, • landscaping is not possible; therefore, a fee of $1.00 per square feet times the approximate 780 square feet of landscaping removed, would be contributed to the City Public Improvement Fund . There was no further testimony. The Chairman incorporated the staff report into the public record and closed the Public Hearing. BOARD MEMBER SEYMOUR MADE A MOTION THAT MR. McCARTHY FOR JET WASH, BE GRANTED A VARIANCE FROM SECTION 16-4-18: LANDSCAPING, OF THE COMPREHENSIVE ZONING ORDINANCE, FOR A REDUCTION IN THE REQUIRED LANDSCAPING. Mr. Smith seconded the motion. Discussion ensued. Mr. Smith moved to amend the motion to include a specific dollar amount. The motion was not approved. Discussion ensued concerning the difference between Section 16-4-18:B,2-a which requires a deposit to the Public Improvement Fund in lieu of landscaping, and Section 16-4-18:B,2-b, which requires improvement of the exterior of the building on the street side. 2 • Discussion ensued regarding improvements to a building only five years old. Also in question was the fairness of requiring the applicant to make a deposit and having those funds used to improve another business. Mr. Smith moved to amend the motion that "2-a" of the Landscaping Ordinance be included. THAT A VARIANCE BE GRANTED FROM SECTION 16-4-18:B,2-a., LANDSCAPING. Mr. Seymour seconded the amended motion: Mr. Smith made a motion to separate the amendment from the motion. The motion was not approved. Discussion ensued on designating a time limit to the motion. Mr. Clayton moved to amend the original motion: THAT FOR CASE #16-94, THAT MR. McCARTHY FOR JET WASH, BE GRANTED A VARIANCE FROM SECTION 16-4-18: LANDSCAPING, THAT THE CHOICE BE TO EITHER USE $780 FOR IMPROVEMENT OF THE (SUBJECT) PROPERTY, OR TO CONTRIBUTE SAID AMOUNT TO THE PUBLIC IMPROVEMENT FUND. THIS VARIANCE IS IN EFFECT FOR ONE- YEAR. Mr. Welker seconded the amended motion. • Discussion ensued. • The Chairman asked the members to lock in their votes and give their findings of fact: Mr. Welker voted "yes" stating it was evident that replacing landscaping would be difficult for the applicant and that granting the variance meets the spirit of the Ordinance. Mr. Smith concurred agreeing with previous statements. Mr. Seymour voted "no" stating he did not believe the request was justified for granting the variance. Mr. Clayton voted "yes" stating granting the variance was justifiable considering the circumstances are not of the applicant's making. Mr. Christman concurred with the previously stated reasons by Board members. Chairman Waldman voted "yes" stating that granting the variance would not adversely affect the neighborhood, observes the spirit of the Ordinance and grants the minimum variance with the least modification. The Chairman announced the variance request granted with a 5-1 decision . 3 PUBLIC HEARING -CASE #17-94: Dr. Huttner, owner of Sunset View Mobile Home Park 3150 South Platte River Drive The Chairman opened the Public Hearing stating he had proof of publication and posting. Harold Stitt, Planning Administrator st ating that the applicant, Dr. Donald Huttner, 3535 Cherry Creek North Drive, requests a use variance from Section 16-4-13:C,l. Permitted Pri nci pa 1 Uses. of the Comprehensive Zoning Ordinance. to convert an existing structure to an apartment. Mr. Stitt added that a resident of the park, Ms. Donna Mi 11 er. had requested that the two letters she had written to the City concerning the subject property be entered into the record. The Chairman asked the applicant to come forward for testimony. Dr. Huttner, owner of Sunset View Mobile Home Park, 3150 South Platte River Drive was sworn in for testimony . Dr. Huttner stated he had recently purchased •• the mobile home park. He stated his request was that the free standing structure in the back of the manager· s house be converted into an efficiency apartment. He described the building as approximately 22' x • 48' with a laundry room at one end. He stated that the laundry room would remain but would divide the building and convert the other end of the building into a one-bedroom apartment. Dr. Huttner concluded that he was aware that the unit would have to be brought up to current building codes. Donna Morris, 3150 South Platte River Drive , Unit D was sworn in for testimony. Ms . Morris discussed her concerns about the living conditions of the mobile home park. She stated in her opinion the proposed added residence would add to the current limited parking, that it would be too far from a fire hydrant, and would add to the current water and sewage prob 1 ems. Ms. Morris requested the Board deny the request because it would be a hardship on the residents . Robert Pier 3150 South Platte River Drive Unit 27 was sworn in for testimony. Mr. Pier stated he was in favor of the request. 4 • •• • • Jesse Gibson 3150 South Platte River Drive Unit 3 was sworn in for testimony. Mr. Gibson stated his family has resided at Sunset View Park for over twenty years. He stated he did not oppose the variance request but was concerned about the living conditions in the park and the hardship of having their rent increased with their limited income. Florence Gibson 3150 South Platte River Drive Unit 3 was sworn in for testimony . She stated her only concern was the raise in rent but did not contest the variance request. Dr . Huttner , owner of Sunset View Mobile Home, approached the podium. He addressed some of the residents concerns stating that he was currently securing technical advice for the water, and admitted that there could be a problem with the distance from the proposal apartment unit to a fire hydrant . There were no further speakers for or against the variance request. The Chairman incorporated the Staff Report into the record and closed the public hearing . Mr. Welker moved: THAT FOR CASE #17-94, DR. DONALD HUTTNER, OWNER OF SUNSET VIEW MOBILE HOME PARK. 3150 SOUTH PLATTE RIVER DRIVE, BE GRANTED A USE VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-13:C,l. PERMITTED PRINCIPAL USES , TO CONVERT AN EXISTING STRUCTURE TO AN APARTMENT . Mr. Clayton seconded the motion. The members locked in their votes and gave the i r findings as follows : Mr. Clayton voted "yes" stating that granting the variance will allow for the applicant to convert space into living quarters but may find it economically prohibitive to bring it up to current codes . Ms. Christman voted "yes" stating that the use will be limited to the park . Mr. Smith concurred stating that the proposed unit coincides with the use of the park. Mr. Seymour voted "yes" stating that the use will be beneficial to the park. Mr. Welker concurred stating that in his opinion the use wi 11 be a mini ma l intrusion to the park residents. Chairman Waldman concurred stating the use is appropriate within the facility . 5 When the votes were displayed, a 11 six member present had voted in favor of the • , variance request. The Chairman announced the decision and informed the applicant that the appropriate building permits should be applied for within the 180 days time frame. The Chairman declared a short recess at 8:45 p.m. The meeting was reconvened at 8:57 p.m. with the same members present. PUBLIC HEARING -CASE #18-94: Sheryl Wylie, Bellwether Construction Company The Chairman opened the Public Hearing that with six members present, five affirmative votes would be required to grant or deny a variance. He stated he had proof of publication and posting and asked the staff to identify the request. Harold Stitt, Planning Administrator stated that the request was for the creation of two 50 foot wide building sites that would have less than the required 9,000 square feet of lot area and less than the required 75 feet of lot frontage. This is a variance from Section 16-4-2:C,1. Minimum Lot Area and Section 16-4-2:F,l. Minimum Lot Frontage, of the Comprehensive Zoning Ordinance. Mr. Stitt entered into the record a letter from the Mr. Truman Doyle, • property owner, authorizing Sheryl Wylie to act as his representative regarding the property and case for 4737 South Fox Street. Mr. Stitt explained that the applicant has an agreement to purchase the property from Mr. Truman contingent upon the approval of the variance. Mr. Stitt explained that the subject property currently contains a single- family structure situated in the middle of the subject property. He directed attention to the map included in the Staff Report which indicates the property as having two 50 foot wide parcels. He explained that the case would not be before the Board but last year the owner combined the two parcels into one site, under one legal description. Mr. Stitt clarified several areas of concern and discussed the circumstances of the neighborhood. He explained that the area is zoned R- 1-A and that the majority of the lots in the neighborhood do not meet the required lot area of 9,000 square feet and do not have the minimum lot frontage of 75 feet. He explained that the applicant is proposing to demolish the single-family structure, and construct two single-family homes. He concluded that since the predominance of 50 foot lots exist within the area surrounding the subject property, the proposed variance would not adversely effect the neighborhood. Mr. Stitt concluded that the staff was supportive of the request because the proposed new structures would be in the best interest for both the property and the neighborhood. 6 • •• • • Sheryl Wylie Bellwether Construction 3858 South Bahama Street Aurora, Colorado was sworn in for testimony. Ms. Wylie explained that she was the owne.r of Bellwether Construction and involved with the City of Englewood's Project Bui 1 d. She exp 1 a i ned the program scrapes off substandard homes and replaces them with new homes. Ms. Wylie explained that her intention for the property was to scrape off the house and garage, and build two houses on the site. She further explained the site measures 100 x 125 and each house would be constructed on a 50 foot wide lot, adding that the side yard and setback requirements would be observed. Ms. Wylie explained that she researched a three block area around the subject neighborhood, finding that seventy-seven percent of the homes had 1 ots with a 50 foot frontage. Ms. Wylie cone 1 uded that the vari a nee request meets the criteria, emphasizing that the new homes would be an improvement to the neighborhood. Harold Stitt, Planning Administrator answered concerns about the placement of the structures and side yards . He explained the side yard requirements would revert to the narrow lot requirement of a total of 14 feet with no less than 5 feet. There were no further persons present to test i fy for or against the request. The Chairman incorporated the Staff Report into the record and closed the public hearing. Mr. Seymour moved: THAT FOR CASE #18-94, FOR THE PROPERTY LOCATED AT 4737 SOUTH FOX STREET , THAT A VARIANCE BE GRANTED TO CREATE TWO BUILDING SITES THAT WOULD HAVE LESS THAN THE REQUIRED 9,000 SQUARE FEET OF LOT AREA AND LESS THAN THE REQUIRED 75 FOOT OF LOT FRONTAGE. THIS IS A VARIANCE FROM SECTION 16·4- 2:C, l . MINIMUM LOT AREA AND SECTION 16-4·2:F,l . MINIMUM LOT FRONTAGE, OF THE COMPREHENSIVE ZONING ORDINANCE . Mr. Clayton seconded the motion . The Chairman asked the members to l ock in their votes and give their findings of fact : Ms . Christman voted "yes" stating the request meets the criteria for granting a variance. Mr . Smith concurred . 7 Mr . Seymour voted "yes" stating the proposal will improve the neighborhood. Mr. Welker concurred. Mr . Clayton stated he voted "yes" adding that the proposed homes wi 11 benefit the Chairman Waldman concurred. When the votes were displayed, all six members voted in favor of the request. The Chairman announced the variance request as granted, advising the applicant to apply for the appropriate permits. STAFF ADVISOR'S CHOICE: None. CITY ATTORNEY'S CHOICE: None. BOARD MEMBERS CHOICE: None . The meeting was adjourned at 9:30 p.m. Respectfully submitted, ~/IW~ Cathie Mahon, Recording Secretary 8 •• • •