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Home My WebLink About1994-02-09 BAA MINUTES' • • • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD. COLORADO FEBRUARY 9. 1994 The regular meeting of the Board of Adjustment and Appeals was called to order by Chair Cohn at 7:35 p.m. in the City Council Chamber of Englewood City Hall. Members present: Members absent: Also present: Seymour. Christman, Smith, Clayton, Welker, and Cohn. Waldman. Harold Stitt, Planning Administrator Dan Brotzman, Assistant City Attorney The Chair stated that with six members of the Board present, five affirmative votes would be required to grant an appeal or variance. APPROVAL OF MINUTES: Board Member Seymour moved that the minutes for January 12, 1994 be approved as written. Board Member Smith seconded the motion . Upon a voice vote, four members voted in the affirmative with Board Members Clayton and Christman abstaining due to not being present at the January 12, 1994 meeting. · FINDINGS OF FACT: Board Member Seymour moved that the Findings of Fact for Case #1-94, Mr. and Mrs. Lutz, for the property at 4606 South Delaware Street, and Case #2-94, Dr. Zwiebel for the property at 3566-80 South Pennsylvania Street, be approved as written. Board Member Welker seconded the motion. Upon a voice vote. four members voted in the affirmative with Board Members Christman and Clayton abstaining due to not being present at the January 12, 1994 meeting. CASE #3-94 TABLED AT THE JANUARY 12. 1994 PUBLIC HEARING: Staff Member Stitt informed the Board that after discussion between Tom King for All American RV and Community Development staff, the case was being withdrawn. INTRODUCTION OF NEW APPOINTEE: The Chair introduced Jean Christman , who has been appointed for a 4-year tern (February 1994 to February 1998) . ELECTION OF OFFICERS: Upon the vote on nominations duly made and seconded, Board Member Waldman was elected as Chairman. and Board Member Clayton as Vice-Chairman. Due to Mr. Waldman's absence, Mr. Clayton assumed the Chair. PUBLIC HEARING CASE #4-94: 200 West Layton Avenue and 4819 South Bannock Street . The Chair stated that with six members present, five affirmative votes would be required to grant a variance. He open the Public Hearing stating he had verification of posting and publication, and asked the staff to come forward for testimony. Harold Stitt, Planning Administrator, was sworn in for testimony. He stated the applicant , Mr. Dane Lombardi . was proposing to split the existing parcel into two lots. The request was for variances: from Section 16·4·9:K. Minimum Rear Yard , to reduce the rear yard setback from 25 feet to 6 feet at 200 West Layton Avenue. and from 25 feet to 2 feet at 4819 South Bannock Street . and from Section 16· 4-9:C,l. Minimum Lot Area. to reduce the required lot area from 6,000 square feet to 5446.4 square feet at 4819 South Bannock Street. The Chair asked the applicant to come forward for testimony. Dane Lombardi, 6423 South Williams Street, Littleton , Colorado , was sworn in for testimony . Mr. Lombardi gave a history of the property under his ownership. He explained that both houses had been vacant for eight years. that he brought the two structures up to code, and currently rents both. He stated he purchased the property 11 as is 11 and was aware that the property was substandard by current zoning regulations but that those regulations were not applicable when the property was annexed into the City of Englewood in 1953. Mr. Lombardi explained that the variance request was initiated because one of his tenants had inquired about purchasing one of the rental homes. Mr . Lombardi stated that the requested variance would allow for the parcel to be divided into two lots with one house on each parcel, and would allow for future owner occupied residency. Mr. Lombardi entered into the record two statements from neighbors stating they had no objection to the variance request. Mr. Lombardi added that in his opinion dividing the parcel into two lots would be more of a conforming situation with one house per lot, that the appearance of the property and structures would remain unchanged. and that dividing the parcel would allow for future owner occupied residency . 2 • • • • • • Mr. Lombardi concluded that he currently rents both homes, has no one interested at this time in purchasing either of the houses, but would like the latitude to be able to sell one or both of the homes. Harold Stitt, Planning Administrator approached the podium to discuss the property. Mr. Stitt explained that the parcel is classified as nonconforming for several reasons. He explained that while the lot area is sufficient for two dwelling units. the Zoning Ordinance states that the units be either under a common roof or separated by a party wall. The houses are considered nonconforming because they both encroach into the required rear yard setback. The property at 4819 South Bannock Street is nonconforming because the lot area of 5446.4 square feet is less than the required 6,000 square feet. He further discussed the provisions of nonconforming use stating that currently if one of the structures was destroyed or damaged more than sixty percent (60%) of its value, the structure could not be rebuilt, and the property would revert to a conforming property with one house on the lot. Mr. Stitt concluded that the proposed variance would not significantly change the current nonconforming status, emphasizing that the nonconforming status of the structures could not be extended or expanded if the variance is granted. He added that if additions were requested by a future owner, that a variance would be required. He concluded that the variance potential is for the homes to become owner occupied at some point in the future. There were no persons present who wished to testify for or against the variance request. The Chair closed the public hearing stating he had proof of posting and publication. and incorporated the staff report and neighbor's statements into the public record. BOARD MEMBER SEYMOUR MOVED THAT FOR CASE #4-94, THAT VARIANCES BE GRANTED FROM SECTION 16·4·9:K. MINIMUM REAR YARD, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 6 FEET AT 200 WEST LAYTON AVENUE, AND FROM 25 FEET TO 2 FEET AT 4819 SOUTH BANNOCK STREET. AND FROM SECTION 16·4·9:C,l. MINIMUM LOT AREA, TO REDUCE THE REQUIRED LOT AREA FROM 6,000 SQUARE FEET TO 5446.4 SQUARE FEET AT 4819 SOUTH BANNOCK STREET. Board Member Cohn seconded the motion. Discussion ensued concerning the age of the houses. if the property was exceptional. if the variance would meet the criteria for granting a variance. The Chair asked the members to lock in their votes and give their findings of fact . 3 Board Member Cohn voted "no" stating she opposed the division of the parcel , that ,. she di d not consider the request met the five points for granting a variance. Board Member Welker voted "yes" stating that the situation of having two structures on the parcel has existed for over forty years and that there are similar situations within the City. Board Member Seymour voted "yes" stating that in his opinion the variance request meets the criteria for granting a variance and that there was supported from the neighbors. Board Member Christman voted "yes" agreeing with other members statements . Board Member Smith voted "yes". Chairman Clayton voted "yes" stating he favored separating the parce l into two home sites , that the situation exists dividing the parcel will enable the two lots to someday be owner occup i ed. When the votes were di sp 1 ayed , the Chair announced the variance request as granted, 5-1. STAFF ADVISORS CHOICE: Mr . Stitt reminded the members of the meeting with City Council at 6:00 p.m .• Monday, March 21. 1994. Mr. Stitt discussed attendance for members of the Board. Discussion ensued . Mr. Stitt stated that draft copies of the revised BOA Handbook would be distributed to each member for reviewing and that an informal review will take place after the next Public Hearing on March 9th. CITY ATTORNEY'S CHOICE: None . BOARD HEHBERS'S CHOICE: The members welcomed the new appointee. Jean Christman . ADJOURN: With no further business to come before the Board. the meeting was adjourned at 8:25 p.m. Respectfully submitted , :it>-01/U/tUv Cathie Mahon , Recording Secretary 4 •