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HomeMy WebLinkAbout1995-04-12 BAA MINUTES' MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD.COLORADO April 12, 1995 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Clayton at 7:30 p.m. Members present: Seymour, Christman, Smith, O'Brien, Welker, Barber and Chairman Clayton. Members absent; None. Also present: Dan Brotzman, Assistant City Attorney Harold Stitt, Planning Administrator The Chairman stated that with seven members 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 MINUTES: Board Member Seymour moved that the minutes of February 8, 1995, be approved as written. Board Member Smith seconded the motion. Upon the call for a vote on the motion, six members voted in the affirmative, with Board Member Christman abstaining due to her absence at the previous meeting. APPROVAL OF FINDINGS OF FACT: Board Member Seymour moved that the Findings of Fact for Case #2-95, Kent Village at 3400 South Race Street, be approved as written. Board Member Welker seconded the motion. Upon the call for a vote on the motion, six members voted in the affirmative, with Ms. Christman abstaining due to her absence at the previous meeting. CASE #3-95: Thomas Plating Inc. 4695 South Windermere The Chairman opened the Public Hearing stating he had proof of publication. He explained the procedure for the meeting would be that the appeal would be presented first by City Staff, and then the appellant would present their case. The Chairman stated that if the appellant is aggrieved by the Board's decision they have the right to have the decision reviewed by the District Court of Arapahoe County, and must file within thirty (30) days from the date of the Public Hearing. Mr. Dan Brotzman, City Attorney, Mr. Brotzman approached the podium. He informed the Board that he received a letter from the attorneys representing Mr. Thomas, requesting a postponement of the Public Hearing until June 14, 1995. Mr. Thomas was in the audience and stated that he wanted to proceed with the Public Hearing. Discussion ensued. • The Chairman called for a recess at 7:40 p.m. The meeting reconvened at 7:50 p.m. with the A same members present. • Dan Brotzman, City Attorney, read into the record a letter he received from Mr. Thomas' attorneys requesting the postponement. Mr. Brotzman stated to the Board members, and to Mr. Thomas, that it was assumed after receiving the letter, that the meeting would be postponed until June 14, 1995. [City staff had been informed of the postponement and advised it was not necessary to appear at the April 12, 1995 meeting due to such postponement.] Mr. Thomas approached the podium. He stated he was running out of money and would like the meeting as soon as possible. Discussion ensued. Mr. Smith made a motion to continue the public hearing until April 19 , 1995. Mr. Welker seconded the motion. The Chairman announced that the Public Hearing for Case #3-95 would be continued on April 19, 1995 at 7:30 p.m. Upon a voice vote all members agreed to the motion. 2 .. l r •• STAFF ADVISOR'S CHOICE: None . CITY ATTORNEY'S CHOICE: Mr. Brotzman briefed the Board members on proper procedures for appeals. With no further business to . come before the Board, the meeting was adjourned at 8 : 10 p .m. Respectfully submitted , Cathie Mahon , Recording Secretary 3