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HomeMy WebLinkAbout1995-04-26 BAA MINUTES• • MINUTES BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD.COLORADO April 26, 1995 The special meeting of the Board of Adjustment and Appeals was called to order by Chairman Clayton at 7:15 p.m. Members present: Members absent: Also present: Seymour, Christman, Smith, Clayton, O'Brien and Barber. Welker . Dan Brotzman, City Attorney Nancy Reid, Assistant City Attorney Becky Baker, Chief Building Official Jim Blumenthal, Fire Marshal The Chairman called the meeting to order, stating that a quorum was present, and that the public hearing was closed for testimony, and consideration of findings of fact on the motion made at the April 19 , 1995 meeting was on the table . Secretary 's note: that motion was made by Mr. Seymour and seconded by Mr. Clayton which motion was: THAT THE APPLICANT JEROME THOMAS, THOMAS PLATING COMP ANY INCORPORATED, 4695 SOUTH WINDERMERE STREET, ENGLEWOOD , COLORADO, CASE #3-95, BE GRANTED AN APPEAL TO THE UFC 1994, SECTION 103.4.5; UBC CODE 1994, SECTION 102 AND 104.2.5; UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, CHAPTER 3, SECTION 301 AND 302, SUBSECTIONS 1,2,9 AND 16, WHICH AUTHORIZES THE SERVING OF THE CEASE AND DESIST ORDER RELATING TO ALL OPERATIONS ASSOCIATED WITH THE HANDLING OF USE OF HAZARDOUS MATERIALS . (Mr. Welker entered council chambers). Discussion ensued. Th e Chairman summarized the consideration before the Board. He stated that the procedure would be to either affirm that the City acted properly in issuing the Cease and Desist or not; and whether or not the remedy they provided was adequate or not. After further discussion, the Chairman suggested splitting the motion into two parts: the first part in regard to the Cease and Desist Order, and the second part would be in regard to the remedy . 1 Mr. Seymour accepted the amended motion. Mr. Smith asked to reserve the second part of the motion, to amend the remedy. Discussion ensued. The Chairman asked for a motion to table any previous motions. Mr. Seymour made an amendment to his original motion to split it into two parts. TO GRANT THE APPELLANT AN APPEAL FROM THE CEASE AND DESIST ORDER, AND SECOND, TO GRANT THE APPEAL FROM THE REMEDY. Chairman Clayton seconded the amended motion. Mr. Smith stated that he wanted to address the failure to comply with Notice and Order of June 2, 1994 and disregard the Cease and Desist Order. · The Chairman asked Mr. Brotzman to assist with procedural concerns. ' . Mr. Brotzman, City Attorney, stated in this particular case , the motion should be stated in the affirmative, and in this • case an affirmative vote would uphold the Cease and Desist Order, vote on it, and then give your findings of fact. The Chairman suggested all previous motions be tabled. Mr. Smith moved to table all previous motions. Mr. Welker seconded the motion. All members voiced in the affirmative. Mr. Smith moved: Mr. Barber seconded: THAT FOR CASE #3-95, THAT THE CEASE AND DESIST ORDER ISSUED TO MR. JEROME THOMAS, OWNER OF THOMAS PLATING, INC., 4695 SOUTH WINDERMERE STREET BE UPHELD. Discussion ensued. Mr. Smith agreed to amend the motion to include: 2 • •• • BECAUSE THE OPERATION OF THE BUILDING IS UNSAFE. Mr. Barber agreed to the amended motion. The Chairman asked the members to lock in their votes and give their findings of fact. Mr. Barber voted in the affirmative, stating the testimony received reflects that Thomas Plating was operating in a hazardous fashion, and is a hazard to public health, Mr. Welke r voted "yes" stating that he concluded that the use (within the building) was hazardous; that the applicant failed to comply with the Notice and Order of June 2, 1994; and failed to appeal the order within the time period allowed. Ms. O'Brien voted "yes" stating that the City had authorization to issue the Cease and Desist Order under Section 102 of the UBC and Section 104.2.5 of the UFC. Mr. Seymour voted "yes" stating the Notice and Order issued June 2, 1994 from the City, outlined what was necessary to bring the facility into compliance, and that testimony of hazardous materials reported by the EPA and OSHA clearly indicates hazardous material violations. Ms. Christman concurred stating the City had the authorization io issue the Cease and Desist Order. Mr. Smith voted "yes" stating he concluded after hearing testimony on the storage and handling of hazardous materials, that the business was operating in a dangerous building. He added testimony indicates the operation of the business hazardous to the employees, the City, and the environment. Chairman Clayton voted "yes" stating the City sent the appellant numerous notifications, the appellant failed to take corrective action; therefore the City had the authority and acted properly when it issued the Cease and Desist Order. The Chairman announced the appeal as denied with a 7-0 decision . Discussion ensued. Mr. Smith moved: Mr. Seymour seconded: THAT FOR CASE #3-95, THAT THE REMEDY IN THE CEASE AND DESIST ORDER BE UPHELD. Discussion ensued . 3 The Chairman asked the members to lock in their votes and give their findings of fact. • Mr. Seymour voted "yes" stating the Cease and Desist Order clearly states: either take care of W' the violations or make a plan to shut down. Ms. Christman stated she voted "yes" because testimony reflected what violations need to be brought into compliance before opening or submit a plan to close the facility. Mr. Smith concurred with previously stated statements. Ms. O'Brien voted in the affirmative for the reasons as stated. Mr. Welker voted "yes" stating the remedies are clearly stated in the Cease and Desist Order. Mr. Barber voted "yes" stating the remedies outlined in the Cease and Desist Order are fair and reasonable . Chairman Clayton voted in the affirmative, stating it is clear that Thomas Plating has been recalcitrant ; therefore, the remedy is appropriate. The Chairman announced the vote 7-0 in the affirmative to deny the appeal. There was no further business to come before the Board. The meeting adjourned at 7 :52 p.m. Res pectfully submitted, Cathie Mahon , BOA Recording Secretary 4 • •