HomeMy WebLinkAbout1997-02-12 BAA MINUTES•
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
February 12, 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 Chairman Smith.
Members present: Barber, Bode , Fowler, O'Brien , Redpath, Seymour, Smith.
Members absent: None.
Chairman Smith stated with seven members present, five affirmative votes will be required to
grant a variance. He stated the Board is authorized to grant a variance by Section 16-4-8 of
the Englewood Municipal Code.
II. ELECTION OF OFFICERS:
The Chairman asked for a motion .
Mr. Seymour made a motion to elect Ms. O 'Brien as Chairperson, and Mr. Barber as Vice-
Chairman. Mr. Fowler seconded the motion. All members voiced approval. There was no
further discussion, and Ms. O'Brien assumed the Chair.
ill. PUBLIC HEARING --CASE #1-97:
4180 South Huron Street
The Chairperson opened the Public Hearing stating she had proof of posting and publication.
Mr. Stitt, Community Coordinator , was sworn in for testimony. He explained the case under
consideration is for a variance fro m the Comprehensive Zoning Ordinance, Section 16-4-4:M,
I-f., to exceed the total floor area of garages by 189 square feet.
The Chair asked the applicant to come forward for testimony.
Mr. Gary Condreay was sworn in for testimony. He stated his request is for a variance to
build a detached garage, that combined with his attached garage would exceed the 1,000
square feet for floor area of garages. He explained that they have an existing 2-car attached
garage that is 517 square feet. The proposal is to build a 24 by 28 square foot detached garage
placed in the rear of the property. He stated the combined total floor area of the two garages
would be 1,189 square feet; 189 feet over the maximum floor area of 1,000 square feet for
• garages.
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Mr. Condreay discussed the criteria for granting a variance. He stated his property is unique •
because the site consists of three 25 x 125 foot lots (9,376 square feet). He explained the
house is approximately 2100 square feet of living space, that including the proposed garage,
would leave almost 6,000 square feet of open yard space. Mr. Condreay stated that the
variance, if granted, will provide protection for his vehicles, and serve substantial justice in
assisting with the protection of personal property. The variance will not adversely affect the
adjacent property or the neighborhood because they are already developed. He concluded
addressing the criteria by stating the 189 square feet is the minimum variance that will afford
relief with the least modification of the Ordinance.
Entered into the record were three statements from neighbors stating they were in favor of the
proposal. Mr. Condreay answered questions from the Board members. He explained the
construction of the garage would tie in with the architecture of the house, would have a gable
roof, and be setback three feet from the sideyard.
There were no further persons present to testify for or against the variance request. The
Chairperson incorporated the Staff Report into the record and closed the public hearing.
Mr. Seymour made a motion,
Mr. Smith seconded the motion;
THAT FOR CASE #1-97, MR. AND MRS. CONDREAY of 4180 SOUTH HURON
STREET, BE GRANTED A VARIANCE FROM THE COMPREHENSIVE ZONING •
ORDINANCE, SECTION 16-4-4:M,l.f., TO EXCEED THE MAXIMUM FLOOR
AREA FOR GARAGES BY 189 SQUARE FEET.
Discussion ensued. Mr. Barber stated the request is not excessive because it is a 3-lot
property, that the addition would result in a lot coverage of 38 % . Mr. Smith stated he viewed
the property and it seems large enough to absorb the new garage.
With no further discussion, the secretary polled the member's votes:
Mr. Barber stated he voted yes because the property is exceptional, the proposed garage will
observe the spirit of the Ordinance, will achieve substantial justice to the applicant, will not
impair the adjacent properties since they are already developed, and is the minimum variance
to afford relief to the applicant.
Mr. Bode, Mr. Fowler, Mr. Redpath, voted yes concurring with Mr. Barber's statements.
Mr. Seymour voted yes adding that he is a proponent of garages.
Mr. Smith stated he voted yes because the subject property is exceptional.
Chairperson O'Brien voted yes concurring with Mr. Barber's statements.
The Chairperson announced the variance as granted by a 7-0 vote.
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IV. APPROVAL OF MINUTES:
The Chairperson asked for consideration of the Minutes from the November 13, 1996, public
hearing.
Mr. Seymour moved:
Mr. Smith seconded,
THAT THE MINUTES OF NOVEMBER 13, 1996, BE APPROVED AS WRITTEN.
AYES:
NAYS:
Barber, Fowler, O'Brien, Seymour, Smith.
None.
ABSTAIN:
ABSENT:
Bode, Redpath.
None.
The motion carried.
V. APPROVAL OF FINDINGS OF FACT:
The Chairperson asked for consideration of the Findings of Fact.
Mr. Smith made a motion;
Mr. Fowler seconded the motion,
THAT THE FINDINGS OF FACT FOR CASE #6-96, FOUR SEASONS, 3201
SOUTH SHERMAN STREET, AND CASE #10-96, MR. HECHT, 4248 SOUTH
LOGAN STREET, BE APPROVED AS WRITTEN.
AYES:
NAYS:
Barber, Fowler, O'Brien, Seymour, Smith.
None.
ABSTAIN:
ABSENT:
Bode, Redpath.
None.
The motion carried.
VI. STAFF ADVISOR'S CHOICE:
Mr. Stitt announced the meeting scheduled for March 12, 1997, is canceled due to there being
no cases to be heard.
VII. CITY ATTONEY'S CHOICE:
None.
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vm. BOARD MEMBERS CHOICE: •
The Chairperson welcomed the new members, Mr. Bode and Mr. Redpath.
Mr. Barber offered to re-write the procedure format for conducting BOA meeting.
IX. ADJOURN:
With no further business to come before the Board, the meeting was adjourned at 8: 10 p.m.
Respectfully submitted,
&L//hk__
Cathie Mahon
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