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HomeMy WebLinkAbout1995-12-13 BAA MINUTES• • MINUTES BOARD OF ADJUSTMENT AND APPEALS DECEMBER 13. 1995 The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:40 p.m., Mr. Clayton presiding. Present: Seymour, Christman, Smith, O'Brien, Barber, Kuhlman, and Clayton. Also present: Harold Stitt, Community Coordinator Nancy Reid, Assistant City Attorney Chairman Clayton announced that with a quorum of seven members present, five affirmative votes will be required to grant a variance. He stated the Board is authorized to grant variances by Section 16-2-8 of the Englewood Municipal Code. PUBLIC HEARING CASE 19-95: 3444 South Emerson Street The Chairman set forth the parameters for conduct of the Hearing. He stated that anyone aggrieved by a decision rendered by the Board may appeal that decision to a court of record; however, such appeal must be made within 30 days of the Board's decision. Mr. Clayton stated he had proof of publication and posting. He stated the procedure for the meeting would be that the variance would be presented by city staff, and the applicant and those that wish to testify would follow. Harold Stitt, Community Coordinator, was sworn in for testimony. He explained that the applicant is requesting a variance to encroach 15 feet into the required 15 foot front yard setback and to encroach 15 feet onto the required 25 foot rear yard setback. This is a variance from Section 16-4-8:J,l. Minimum Front Yard and Section 16-4-8:L. Minimum Rear Yard, of the Comprehensive Zoning Ordinance. The Chairman asked the applicant to come forward for testimony. Mr. Richard Hawkins, Hawkins Associates Architects, was sworn in for testimony. Mr. Hawkins explained the proposed building for the site is a 10,500 square foot Adult Day Care Center, to be owned and operated by Swedish Medical Center/HealthONE . 1 Mr. Hawkins presented a sketch with three different configurations relative to placement of the proposed new facility on the property. He stated initially several designs were created which met existing setback regulations but they were not acceptable by the property owner because they did not meet the design objectives. One of the design issues was to have a building with short hallways to enable the clients access to all areas of the building more easily. He explained that the short hallways make for a more comfortable environment for the clients as well as creating a constant and non-confusing circulation pattern. Mr. Hawkins referenced the drawing and discussed the proposed lay-out of the facility. He stated the Fellowship Hall is the multi-purpose room, the focal point from which all other activities clustered: five activity rooms, staff offices, and restrooms. He added that each activity room would have its own patio area, and be enclosed with a fence for protection. Another issue of consideration was to preserve the small park with mature landscaping on the north side of the site. Mr. Hawkins discussed the front yard setback variance request. He explained the encroachment would reduce the required 15 feet setback to zero feet to allow for a porte cochere. He stated the canopy was necessary to provide protection for the clients when they are dropped off at the entrance to the facility. He explained the encroachment for the canopy is 32 feet wide which represents a small percentage of the total frontage. He stated the canopy would have negligible impact on the adjacent properties. Mr. Hawkins addressed the special circumstances relative to the criterion for granting a variance. He stated the property is exceptional and restrictive because of its long and narrow configuration. Additionally, there is an approximate increase in elevation from the subject property to the Meridian. He stated given the current setbacks, the building would be long and narrow, which does not meet the design criteria for the type of facility requested by HealthONE/Swedish Medical Center. Mr. Hawkins testifed the criterion is met because the proposed use of an adult day care facility is permitted as specified in the R-3 Zone district guidelines. The request will not adversely affect the adjacent property, pointing out that the adjacent property to the east is a vacant lot owned by Swedish Medical Center. He added that at the present time Swedish has no plans for development of the property. To the north end of the site is a small "park" with mature landscaping, and the property south is the Englewood Garden Center. He concluded his testimony stating the proposed placement of the building on the site will have the least impact on the neighborhood, immediate neighbors, and be the best use of the property. 2 • • • - •• • • Mr.• Hawkins responded to questions from Board members. He stated the vacant lot adjoining the subject property to the east, has access off Girard A venue and is owned by Swedish. He reiterated that Swedish has no plans to develop the property and do not want to give any portion of the vacant lot to the subject property; they want to leave open the option of future development. The Chairman asked if there was anyone in the audience who wished to testify. O.C. Larson, Engineer for Columbia/HealthONE, was sworn in for testimony. Mr. Larson stated he is the director of design for the facility. He explained that a grant was given specifically directed for the development of the adult day care facility. He asked that the board be sensitive to the needs in order to simplify the process to get the facility built. He maintained that Swedish does not have future plans for development of the vacant lot. Susan VanDyke, 3390 South Emerson, was sworn in for testimony. Ms. VanDyke explained that she represented the neighborhood and the concern that the open space between the Meridian and the proposed faeility remains an open area, that she was present at the hearing to verify that the proposal maintain integrity to the neighborhood, and that the mature landscaping, or small park area stays within the plan development. She explained that during the summer when the Meridian is watering the grass that water accumulates at the bottom of the slope. She concluded her testimony stating she was present at the meeting to support the variance request, but also to ensure that there is maintenance of the open space around the facility, and an appropriate parking plan for the staff. There were no other persons present wishing to testify. The Chairman incorporated the staff report into the record and closed the public hearing. Mr. Seymour moved: Ms. Christman seconded: THAT FOR CASE #19-95, HAWKINS ASSOCIATES ARCHITECTS, FOR COLUMBIA/HEALTHONE, BE GRANTED A VARIANCE TO ENCROACH 15 FEET INTO THE REQUIRED 15 FOOT FRONT YARD SETBACK AND TO ENCROACH 15 FEET INTO THE REQUIRED 25 FOOT REAR YARD SETBACK. THIS IS A VARIANCE FROM SECTION 16-4-8:J, 1. MINIMUM FRONT YARD AND SECTION 16-4-8:L. MINIMUM REAR YARD, OF THE COMPREHENSIVE ZONING ORDINANCE, FOR THE PURPOSE OF AN ADULT DAY CARE FACILITY. Discussion ensued . 3 Mr. Smith amended the motion by dividing the motion into two parts: the variance from the front yard setback, and the variance from the rear yard setback. Mr. Seymour agreed to the amended motion. THAT FOR CASE #19-95, HAWKINS ASSOCIATES ARCHITECTS FOR COLUMBIA/HEALTHONE FOR THE SUBJECT PROPERTY AT 3444 SOUTH EMERSON STREET, BE GRANTED A VARIANCE TO ENCROACH 15 INTO THE REQUIRED 15 FOOT FRONT YARD SETBACK. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE , SECTION 16-4-8:1,1., FOR THE PURPOSE OF AN ADULT DAY CARE FACILITY. The Chairman asked the members to lock in their votes and give their findings of fact. Mr. Barber voted yes, stating the variance for the encroachment will not create any serious problems, will not negatively affect the neighborhood, or impact the adjacent properties. Mr. Seymour voted yes , concurring. Ms. O'Brien voted yes stating the encroachment will provide for the covered canopy to provide protection to the clients arriving at the facility. Mr. Smith voted yes, concurring. Mr. Kuhlman voted yes stating the variance will allow the canopy to provide protection from the weather for the clients. Ms. Christman voted yes concurring. Mr. Clayton voted yes stating the variance to permit the canopy to encroach will serve the elderly when the attend the day care facility , that it is the minimum variance because it is not the entire building but a partial part. When the votes were displayed, the motion was granted with all 7 members presenting voting in favor of the motion. THAT FOR CASE #19-95, HAWKINS ASSOCIATES ARCHITECTS FOR COLUMBIA/HEALTHONE FOR 3444 SOUTH EMERSON STREET, BE GRANTED A VARIANCE TO ENCROACH 15 FEET INTO THE REQUIRED 25 FOOT REAR YARD SETBACK. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-S:L., FOR THE PURPOSE OF AN ADULT DAY CARE FACILITY. The Chairman asked the members to cast their vote to the second part of the motion . 4 •• • • •• • • Mr. Barber voted no stating the hardship is self-imposed, the applicant owns the adjacent vacant lot and could provide enough property give the facility the additional square footage to meet the 25 foot requirement. Mr. Seymour voted no stating the request does not the criterion and the hardship is self-imposed. Ms. O'Brien voted no stating she concurred . Mr. Smith voted no stating the front yard setback does not affect adjacent property, but th e rear yard setback could impact the adjoining vacant lot. Mr. Kohlman voted no stating he concurred with statements from other board members. Ms. Christman .voted yes stating she considered the request met the criterion, the property is exceptional because of its narrowness and the encroachment would not affect the adjacent property. Mr. Clayton voted no because the request does not meet the spirit of the Ordinance, that it would not be the minimum variance, and the applicant should find a plan that would adhere to the setback requirement. When the votes were displayed, the Chairman announced that six members voted in opposition to the request, with one member in favor of the motion, and that the request was denied. STAFF ADVISORS CHOICE: Mr. Stitt reminded the members of the Christmas dinner on December 21, 1995 at Woody's. ATTORNEY'S CHOICE: None. BOARD MEMBERS CHOICE: Ms. O'Brien directed to the new board member, Mr. Steve Kuhlman, a welcome to the board. With no further business to come before the Board, the meeting adjourned at 8:45 p.m. Respectfully yours, ~~ Cathie Mahon, Recording Secretary 5