HomeMy WebLinkAbout1997-04-09 BAA MINUTESr .
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
April 9, 1997
I. CALL TO ORDER;
The regular of meeting of the Englewood Board of Adjustment and Appeals was called to
order at 7:40 p .m. by Chairperson O'Brien .
Members present: Barber, Fowler, O'Brien , Redpath, Seymour.
Members absent: Bode, Smith.
The Chair stated with five members present , four affirmative votes will be required to grant a
variance. She stated the Board is authorized to grant a variance by Section 16-4-8 of the
Englewood Municipal Code.
Il. PUBLIC HEARING --CASE #3-97:
2352-54 West Hillside Avenue
The Chairperson opened the Public Hearing stating she had proof of posting and publication .
City staff represented by Cathie Mahon , Planning Tech, was sworn in for testimony. She
stated the applicant, Mr. Gilbert Vocate, real estate agent for the property at 2352-54 West
Hillside Avenue, was requesting a reinstatement of the variances granted in Case #10-83, June ,
1983. These variances granted a reduction in minimum lot area from 3,000 square feet to
2,400 square feet, a reduction in minimum lot frontage from 25 feet to 22.33 feet, a reduction
in total side yard setback from 14 feet to 10 feet, and allowance of one parking space in the
required front yard, to create 12 single-family attached building sites on six lots.
The Chair asked the applicant to come forward for testimony .
Mr. Gilbert Vocate was sworn in for testimony. He explained that the original intent of the
development was to create 12 single-family attached buildings on six lots. The City of
Englewood Board of Adjustment and Appeals granted variances on June 8, 1983, to permit the
construction of six, two-unit structures, thereby having 12 single-family units. The· variances
granted a reduction in minimum lot area from 3,000 square feet to 2,400 square feet, a
reduction in minimum lot frontage from 25 feet to 22.33 feet, a reduction in total side yard
setback from 14 feet to 10 feet, and the allowance of one parking space in the required front
yard. Mr. Vocate further explained that due to a real estate decline in the late 1980's, two of
the units were not built, leaving the subject building sites undeveloped .
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Entered into the record were three statements from neighbors stating they were in favor of the
proposal. Mr. Vocate answered questions from the Board members. He explained the
construction of the units would be contiguous with the existing units and complete the entire •
development. He explained because there is no alley , one parking space would be provided in
the front yard . He affirmed that the units would be the same as those originally built, would
have the same placement on the lot.
Mr . Vocate concluded that the reinstatement of Case Number 10-93 , would allow for the
vacant lot to be developed, and make available affordable housing for two new homeowners.
There were no further persons present to testify for or against the variance request . The
Chairperson stated the Staff Report would be part of the record and closed the Public Hearing .
Mr. Seymour made a motion ,
Mr . Fowler seconded the motion ;
THAT FOR CASE #3-97 , A VARIANCE BE GRANTED TO REINSTATE THE
VARIANCES GRANTED IN CASE NUMBER 10-83 , JUNE , 1983. THESE VARIANCES
GRANTED A REDUCTION IN THE MINIMUM LOT AREA FROM 3 ,000 SQUARE FEET
TO 2 ,400 SQUARE FEET , A REDUCTION IN MINIMUM LOT FRONTAGE FROM 25
FEET TO 22.33 FEET , A REDUCTION IN TOTAL SIDE YARD SETBACK FROM 14
FEET TO 10 FEET , AND ALLOWANCE OF ONE PARKING SPACE IN THE REQUIRED
FRONT YARD.
Discussion ensued as to amending the motion to include a date for the project to begin. The
Board was apprised that when variances are granted they are good for 180 days . Mr. Seymour
questioned whether the Fire Department had responded to the case since he was on the Board
when the case was presented in 1983 and was one of the concerns .
With no further discussion , the secretary polled the member's votes. The members gave their
findings of fact :
Mr. Seymour stated he voted for the reinstatement because the neighbors were in favor of the
development , and that the variance will provide affordable housing .
Mr. Fowler , and Mr. Barber concurred .
Mr. Redpath abstained.
Chairperson O'Brien stated she voted in the affirmative because the request meets the 5 criteria
for granting a variance.
The Chair announced the request as granted with four members voting in the affirmative , with
one member , Mr. Redpath, abstaining .
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ID. APPROVAL OF MINUTES:
The Chairperson asked for consideration of the Minutes from the February 12, 1997, Public
Hearing .
Mr. Seymour moved,
Mr. Redpath seconded;
THAT THE MINUTES OF FEBRUARY 12 , 1997, BE APPROVED AS WRITTEN.
AYES:
NAYS:
Barber , Fowler , O'Brien, Redpath , Seymour.
None .
ABSTAIN: None.
ABSENT: Bode, Smith.
The motion carried.
IV. APPROVAL OF FINDINGS OF FACT:
The Chairperson asked for consideration of the Findings of Fact.
Mr. Seymour made a motion,
Mr. Fowler seconded the motion;
THAT THE FINDINGS OF FACT FOR CASE #1-97, MR. GARY CONDREAY, OF
4180 SOUTH HURON STREET , BE APPROVED AS WRITTEN.
AYES:
NAYS:
Barber , Fowler, O'Brien, Redpath, Seymour.
None.
ABSTAIN: None.
ABSENT: Bode, Smith .
The motion carried.
V. STAFF ADVISOR'S CHOICE:
Ms. Mahon announced the applicants for Case #2-97 had requested that their case be heard at a
future meeting . She also introduced Elisa Flores as the new Neighborhood and Business
Development staff member, adding Ms. Flores will be serving in the capacity of Recording
Secretary at future meetings.
VI. CITY ATTONEY'S CHOICE:
Ms . Reid stated she is working with Ms. O'Brien in re-writing the procedure format for
conducting BOA meetings. (Note: it was requested in 1996 that the procedure of the meetings
be changed.)
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VII. BOARD MEMBERS CHOICE:
The Chairperson welcomed Ms. Flores, and thanked Ms. Mahon for filling in for Mr. Stitt .
VIII. ADJOURN:
With no further business to come before the Board, the meeting was adjourned at 8:20 p.m.
Respectfully submitted,
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Cathie Mahon,
Recording Secretary
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