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HomeMy WebLinkAbout1994-12-14 BAA MINUTES• • • HINlJTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD. COLORADO DECEMBER 14. 1994 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Waldman at 7:40 p.m. Members present: Seymour, Smith, Clayton, Cohn, Welker, and Waldman. Members absent: Christman. Also present: Dan Brotzman, Assistance City Attorney Harold Stitt, Planning Administrator Chairman Waldman stated that with six members present, five affirmative votes will be required to grant or deny an appeal. APPROVAL OF MINlJTES: November 9. 1994 Mr. Seymour moved that the minutes of November 9, 1994 be approved as written. Mr. Clayton seconded the motion. Upon the call for a vote on the motion, five members voted in the affirmative with Ms. Cohn abstaining due to her absence at the previous meeting. The Chairman ruled the Minutes of Nov ember 9, 1994 approved as written. APPROVAL OF FINDINGS OF FACT: Mr. Seymour moved that the Findings of Fact for Case #16-94. Jet Wash at 90 West Belleview Avenue. Case #17-94, Dr. Huttner for 3150 South Platte River Drive. and Case #18-94, Bellwether Construction for 4737 South Fox Street. be approved as written. Mr. Clayton seconded the motion. Upon the call for a vote on the motion. five member voted in the affirmative with Ms. Cohn abstaining due to her absence at the previous meeting. PUBLIC HEARING -CASE #19-94: 3587 South Bannock Street The Chairman opened the Public Meeting stating he had proof of publication. He explained that the Board is authorized to grant or deny a variance or appeal by Part 3. Section 60 of the Englewood Municipal Code. He stated that any person aggrieved by the Board's decision has the right to have the decision reviewed by the District Court of Arapahoe County and must do so within a thirty (30) day period from the date of their decision. 1 The Chairman set forth the parameters for conduct of the Hearing, stating that •. City staff would present their case, and the appellant will then be heard. Charles Petty, Building and Safety Division Inspector, was sworn in for testimony. Mr. Petty discussed the permit process that occurred when Denver Decks applied for a building permit for the subject property. He stated that he conducted the p 1 an review, approved the submitted drawings, and the permit was released. He directed the Board to view the various documents and directed their attention to the Correction Notice he wrote to Denver Decks on October 24, 1994. He explained the Correction Notice was written because the contractor used a species of wood other than that specified in the plans . He further explained that the plans called for the use of redwood throughout the deck but Denver Decks substituted fir for redwood for the supporting structure of the deck. Discussion ensued, and questions were received by the Board. Mr. Petty submitted two photographs for the record to assist in illustrating that decay/breakdown of the supporting beams had occurred and concluded that his concern was the decay resistance factor of fir over the long term life versus using redwood. He added that using fir wood does not meet the decay resistance factor specified in the UBC. Mr. Petty concluded tha~ he did not have any issue with the craftsmanship of the work, but with the fact that fir was used instead of redwood . Becky Baker, Chief Building Inspector, . was sworn in for testimony. Ms. Baker discussed the plans submitted by the contractor. She stated the issue is whether to allow the contractor to deviate from Section 2516(c)ll, of the Uniform Building Code, which states weather exposed wood decks shall be constructed of wood members resistant to decay or treated wood. Ms. Baker concluded that redwood was red· lined on the plans when they were reviewed. The Chairman asked the appellant to come forward for testimony. Philip Tussing, Denver Decks, 18984 E. 17th Avenue Aurora, Colorado 80011 was sworn in for testimony. Mr. Tussing briefed the Board on his credentials of being in the building business for nine years, and discussed the issue at hand stating that fir was a standard wood allowed in most municipalities throughout the Denver area. Mr. Tussing stated that he was of the opinion that the lifespan of fir wood used on decks he builds was satisfactory. Mr. Tussing answered the question on his willingness to resolve the issue by replacing the support beams with redwood. Mr. Tussing stated he would be open to that recommendation. 2 • • ~. • • Mr. Clayton questioned whether a solution could be worked out and if the issue of consideration could be resolved without the Board hearing the case. Both contractor and City staff voiced agreement. The Chairman declared a short recess at 8:48 p.m. of the Board to give the contractor and Building & Safety staff an opportunity to discuss a solution. The meeting reconvened at 9:00 p.m. with the identical six members. The Chairman questioned the contractor and City staff whether they had arrived at a resolution. Both parties stated in the affirmative. Mr. Smith made a motion that the case be withdrawn. All members voiced in favor of the motion. BOARD'S CHOICE: Mr. Welker congratulated Mr. Waldman on his appointment to City Council. Mr . Waldman made a formal statement resigning from the Board. STAFF ADVISOR'S CHOICE: Mr. Stitt advised three members : Ms. Cohn, Mr . Seymour, and Mr. Welker, that their terms would be expiring in February of 1995 and if they were interested in being applying for re-appointment, he had the applications. CITY ATTORNEY'S CHOICE: Mr. Brotzman informed the Board that at the City Council meeting scheduled for December 19 , 1994, the 1994 Uniform Codes are scheduled to be adopted. With no further business to come before the Board, the meeting was adjourned at 9:15 p.m . Respectfully submitted, ~ Cathie Mahon. Recording Secretary 3