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HomeMy WebLinkAbout1995-02-08 BAA MINUTES• • • HINITTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD. COLORADO February 8. 1995 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Clayton at 7:38 p.m. Members present: Seymour, Smith, O'Brien, Barber. Welker. and Clayton Members absent: Christman. Also present: Dan Brotzman, City Attorney Harold Stitt, Planning Administrator The Chairman stated that with a quorum of six members present, five affirmative votes would be required to grant an appeal or a 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 HINITTES: Board Member Seymour moved that the Minutes for January 11, 1995 be approved as written. Board Member Smith seconded the motion. Upon a voice vote, four members voted in the affirmative, with new Board Members Barber and O'Brien abstaining due to not being present at the January 11, 1995 meeting. The Chairman ruled the Minutes of January 11, 1995 approved as written. APPROVAL OF FINDINGS OF FACT: Board Member Seymour moved that the Findings of Fact for Case #1-95, Ms. Mary Vuksic of 4905 South Galapago Street, be approved as written. Mr . Smith seconded the motion. Upon a voice vote, four members voted in the affirmative. with the new Board Members abstaining. The Chairman ruled the Findings of Fact approved as written. ELECTION OF OFFICERS: Board Member Welker made a motion to elect Mr. Clayton for Chairman. and Mr. Smith for Vice-Chairman. Board Member Seymour seconded the motion. The motion was approved by all members. There was no further discussion and Mr. Clayton assumed the Chair . 1 PUBLIC HEARING -CASE 12.-95: 3400 South Race Street The Chairman opened the Public Hearing stating he had proof of publication and posting. The Chairman stated the procedure for the meeting would be that the variance request would be identified by City Staff, and the applicant and those that wish to speak would then have the opportunity to be heard. Harold Stitt, Planning Administrator was sworn in for testimony. Mr. Stitt identified the request stating that the applicant, Kent Vi 11 age, is requesting a variance to increase the height of a side yard fence from the maximum height of six feet to eight feet. This is a variance from Section 16-4-17: C. of the Comprehensive Zoning Ordinance. The Chairman asked the applicant to come forward for testimony. Charles Pratt, Attorney Hale Pratt Midgley Hackstaff & Goldberg, P.C. 1800 Glenarm, Denver, Colorado, stated that he was representing the Kent Vi 11 age Association as their attorney in the matter at hand. _ Mr. Pratt discussed the request for an increase in the fence height explaining that the fence slopes to a low point between two residences; the Parmelee's and the Morgan's, and the student parking lot. He stated the issue presented for review by the Board is a request to increase the height for that portion of fence by two feet. He further explained that due to age and disease the cottonwoods originally placed along the fence were removed, and would be replaced by Maple trees. He concluded that the increase in the height of the fence and the placement of new trees would minimize noise and pollution from the Seminary parking lot for the Parmelee's and the Morgan's. Submitted for the record was a photograph illustrating the view from the Kent Village residences and the proximity of a dormitory at the Denver Seminary. Exhibit #2 was a letter from the Denver Seminary stating they have no objection to the variance and granting permission for the contractor to access their parking 1 ot when the new fence is erected. Exhibit #3 was a letter to the Seminary from Mr. Gilbert, president of the Kent Village Board of Managers, from a director of the Denver Seminary explaining their commitment to the new fence and placement of the trees. Mr. Pratt addressed the criteria necessary for granting a variance stating that the fence coupled with twelve-foot maple trees would be aesthetically pleasing for all parties involved: that the request will observe the spirit of the ordinance; wi 11 observe public safety and welfare by providing a visual and sound screen between the Village and the Seminary; that the variance will not adversely affect either party; that it will not impair either piece of property; and that it provides the minimum variance to achieve relief for his clients. 2 • • • • • • There were no further speakers present for or against the variance request. The Chairman incorporated the Staff Report and exhibits into the record and closed the public hearing. BOARD MEMBER SEYMOUR MADE A MOTION THAT FOR CASE #2-95, THAT THE KENT VILLAGE ASSOCIATION BE GRANTED A VARIANCE FROM SECTION 16-4-l?:C. OF THE COMPREHENSIVE ZONING ORDINANCE, IN ORDER TO EXCEED THE MAXIMUM SIDE YARD FENCE HEIGHT OF SIX FEET TO EIGHT FEET. Board Member Welker seconded the motion. Discussion ensued. The members locked in their votes and gave their findings of fact: Board Member Smith voted in favor of the variance request stating that it observes the spirit of the Ordinance, does not impair either party involved, and it is the minimum variance to provide relief for the applicant. Board Member We 1 ker voted "yes" stating the request affords the app 1 i cant a minimum variance. and that the proposal of trees and the height of the fence will provide a screen for both parties. Board Member Seymour stated he was in favor of the request that granting the variance is fair and equitable. Board Member Barber voted "yes" stating granting the variance affords a solution to the applicants and is not an intrusion of the Ordinance. Board Member O'Brien voted "yes" stating that in her opinion the variance observes the spirit of the Ordinance, and also because there was no objection from the neighbors. Chairman Clayton voted "yes" agreeing with previously stated statements. When the votes were displayed, all six members present voted in favor of the variance request. STAFF ADVISOR'S CHOICE: Mr. Stitt discussed the ICBO Conference scheduled for March 6-10, 1995. He took a ta 11 y of those members interested in attending and directed them to contact the · Secretary by the end of the week. He informed the members of a DRCOG Seminar on Saturday, April 1st. He said he would seek funds for those expressing a desire to attend . 3 CITY ATTORNEY'S CHOICE: Mr. Brotzman informed the Board that the final reading for Accessory Structures was passed by City Council. BOARD MEMBERS CHOICE: Chairman Clayton congratulated the new members and those members extending their terms. With no further business to come before the Board, Mr. Smith made a motion at 8:25 p.m. to adjourn. Respectfully submitted, ~~ CathleaOJiJ Recording Secretary 4 • • ••