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HomeMy WebLinkAbout1998-01-14 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS January 14, 1998 I. CALL TO ORDER. The regular meeting of the Englewood Board of Adjustments and Appeals was called to order at 7:35 P.M. in the Englewood City Council Chambers, Chair O'Brien presiding. Members present: Allen, Barber, Bode, Fowler, O'Brien, Seymour, Smith Staff present: Assistant City Attorney Nancy Reid Planning Coordinator Harold Stitt Chair O'Brien announced elections for Chair and Vice Chair. Assistant City Attorney Nancy Reid stated that elections are conducted at the February meeting to be consistent with other Boards and Commissions. Chair O'Brien stated that there were seven members present; therefore, five affirmative votes will be required to grant a variance. Ms. O'Brien stated that the Board of Adjustments and Appeals is empowered to grant variances by Part Ill, Section 60 of the Englewood City Charter . Chair O'Brien set forth parameters for conduct of hearings: staff will identify the case; applicants will present their request and reasons the variance should be granted; proponents will be given an opportunity to speak; and then opponents will address the Board. II. PUBLIC HEARING -CASE #1-98 Rick Kahm, President Englewood Environmental Foundation, Inc. 701 W. Hampden Chair O'Brien declared the Public Hearing open, stating she had proof of posting and publication. Mr. Seymour reviewed the Certification of Posting. Staff was asked to present the request. Harold J. Stitt, Planning Coordinator, was sworn in for testimony. Mr. Stitt stated Case No. 1-98 is a request filed by Englewood Environmental Foundation, Inc., 3400 S. Elati Street, Englewood, Colorado. The applicant is requesting a variance to permit the installation of two strands of barbed wire above a height of six feet on a fence that would surround the Cinderella City property. This is a variance from Section 16-4-7:0(1 ), Maximum fence height in commercial zone districts of the Comprehensive Zoning Ordinance . Mr. Rick Kahm, President of Englewood Environmental Foundation, was sworn in for testimony . Mr. Kahm stated the request is to place two strands of barbed wire on top of 1 an existing, temporary six foot chain link fence that has been constructed around the Cinderella City site; 701 W. Hampden. Mr. Kahm informed the Board that the Englewood Environmental Foundation, • consisting of three board members who are City of Englewood employees, was created by City Council as a non-profit corporation for the purpose of handling the asbestos abatement process at Cinderella City. Mr. Kahm testified that the shopping center is now vacant of all tenants -Colorado National Bank vacated in December; Montgomery Wards, December 15; and Renzio 's corporate offices, December 31. Mr. Kahm continued by stating that to protect the health and safety of the community the Foundation constructed the six foot chain link fence; maintained the Kravco staff; and increased security on the property. Mr. Kahm reiterated that the health and safety of the community is at risk due to areas around the perimeter that drop 18 feet to the lower level and to the potential hazard of people setting fires in the vacant building. Mr. Kahm further stated that the Foundation determined the six foot chain link fence was not adequately deterring people from entering the building and that the Foundation is concerned someone will be injured or a fire will be started . Mr. Kahm explained the asbestos abatement process is in place; a hazard to anyone exposed to it. He further explained the asbestos abatement process involves removing hot water piping by cutting off the heating system , cutting out sections of the pipe , and draining the fire lines; hence, there will be no fire protection in the building within 3 to 4 months. It is, therefore, essential to have tight security on the project. Mr. Kahm noted that following the asbestos abatement, demolition of the building and redevelopment of the site will occur, causing tremendous construction activity for the next 2-3 years. He reiterated that the fence is temporary and once the construction is completed the fence will be taken down. Mr. Kahm answered questions from the Board. Mr. Allen stated he sympathized with the Foundation , but asked if barbed wire was necessary for the extension. Mr. Kahm replied "yes", stating the barbed wire would be a deterrent. He further stated that since the chain link fence was constructed, people have been climbing on it and tipping it over, and there has been a tremendous amount of graffiti. Mr. Allen expressed his concern that children would try to climb the fence and get tangled in the barbed wire, which could pose a possible lawsuit against the City . Mr. Kahm testified that the Foundation has substantial amount of insurance and currently , the property is owned by the Foundation, not the City of Englewood. Mr. Kahm concurred that someone may become entangled in the barbed wire , but there is a greater potential for someone falling off a rail and becoming seriously injured . Mr. Smith shared Mr . Allen's concerns and asked if a different type of fencing could be attached, at an angle, to the top of the chain link fence making it more difficult for someone to climb over. Mr. Smith stated he wouldn 't be opposed to having the fence higher. • Mr. Seymour stated that historically the Board has said "no" to barbed wire. 2 • • • Mr. Smith asked if the Foundation looked at other options. Mr. Kahm stated that the company which provides temporary fencing recommended a chain link fence with barbed wire. Mr. Fowler stated it is more of a risk to have someone fall from the top of the fence into a construction sight than getting cut on barbed wire. Mr. Barber asked Staff if there were any City regulations that govern fences around construction sites. Mr. Stitt stated he believed the Uniform Building Code requires some type of fencing, but does not specify minimum/ maximum height or barbed wire. Chair O'Brien stated she agreed with Mr. Fowler; construction sites should offer the most protection possible and barbed wire will do that. She stated due to the perils inside a construction site, especially at this point having hazardous materials present, barbed wire is the "lesser of two evils." Discussion ensued. Mr. Kahm submitted neighbor statements as Exhibits 1-4 . Mr. Seymour asked if the barbed wire was already in place. Mr. Kahm responded that it is not, but there is existing barbed on the fence along the railroad tracks which has been there for a number of years. Chair O'Brien asked if the Foundation investigated whether or not anyone had ever been injured on the barbed wire at railroad tracks. Mr. Kahm answered "no." Mr. Fowler asked who paid for the installation of the fence. Mr. Kahm responded that the Foundation pays for the installation of the fence, and the Foundation is funded by the City. Mr. Fowler stated that he would rather "do things right the first time"; rather than not approve the barbed wire now, determine it is not effective, and then have to hear the case again. There were no other persons present to testify for or against the variance request. Chair O'Brien incorporated the Staff Report and exhibits into the record and closed the public hearing. Mr. Smith stated he feels that the Foundation has "taken the easy way out", not having investigated any other possibilities except barbed wire. He further stated that he is not convinced that barbed wire is the most effective deterrent. Mr. Barber asked for clarification on the intent of the variance. Mr. Stitt responded the variance is to allow barbed wire and also to exceed the maximum fence height. Mr. Bode stated his company's insurance company will not insure the construction site unless the fence has barbed wire; therefore, he believes barbed wire is a better deterrent. Mr. Fowler asked how long the fence would be in place. Mr. Stitt responded that the applicant anticipates the fence to be in place for approximately two years; however, 3 given the nature of the construction and the weather, it is only an estimate. He further stated that as the area is developed, the fence will be reduced. Discussion ensued. Mr. Seymour moved; Mr. Fowler seconded: THAT FOR CASE #1-98, RICK KAHM FOR THE ENGLEWOOD ENVIRONMENTAL FOUNDATION , 701 W. HAMPDEN, BE GRANTED A VARIANCE TO PERMIT THE INSTALLATION OF TWO STRANDS OF BARBED WIRE ABOVE A HEIGHT OF SIX FEET. THIS IS A VARIANCE FROM SECTION 16-4-17:D(1 ), MAXIMUM HEIGHT OF THE COMPREHENSIVE ZONING ORDINANCE. Mr. Smith offered a friendly amendment: That the variance should be to allow a six foot fence around the entire perimeter and two strands of barbed wire , not to exceed a total fence height of nine feet. The friendly amendment suggested by Mr. Smith was accepted by Messrs. Seymour and Fowler. The amended motion is as follows: THAT FOR CASE #1-98, RICK KAHM FOR THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, 701 W. HAMPDEN, BE GRANTED A VARIANCE TO PERMIT THE INSTALLATION OF A SIX FOOT FENCE, WITH TWO STRANDS OF BARBED WIRE, AROUND THE PERIMETER OF THE PROPERTY, NOT TO EXCEED A TOTAL FENCE HEIGHT OF NINE FEET. THIS IS A VARIANCE FROM SECTION 16-4-17:D(1), MAXIMUM HEIGHT OF THE COMPREHENSIVE ZONING ORDINANCE. With no further discussion, the secretary polled the members' votes. Mr. Seymour voted yes ; it is a temporary fence, and it is in conformance with the five criteria. Mr. Fowler voted yes; it meets the five criteria, specifically , it observes the spirit of the Ordinance and protects the public safety by keeping people out of the area . Mr. Smith voted yes, reluctantly. In regard to the criteria, he stated there are exceptional circumstances relative to the property, including asbestos removal and reconstruction , which if the variance were not granted would result in a hardship to the owner; the variance observes the spirit of the Ordinance and protects the public safety and welfare in that it will keep unwanted and unnecessary people out of the site; the variance will not adversely affect the adjacent property or the neighborhood -it will be temporary and it will allow the developer to keep the site clean; it will not impact or impair the use or development of adjacent property by protecting them from people loitering and it will also be temporary in nature; it is the least modification necessary to grant relief to the applicant -nine feet is adequate. Mr. Smith encouraged the applicant to investigate other options. Mr. Bode voted yes; the applicant met the five criteria. 4 • • , -.'-... Mr. Allen voted yes; a barrier is needed, however, he is concerned about the barbed wire . • Mr. Barber and Chair O'Brien voted yes , concurring with Mr. Smith. • The Chair announced the variance as granted by a 7-0 vote, and directed the applicant to contact the planning division staff for any additional information. Ill. APPROVAL OF MINUTES. Chair O'Brien asked for consideration of the Minutes from the November 12, 1997, public hearing. Seymour moved, Smith seconded: THE MINUTES OF NOVEMBER 12, 1997 BE APPROVED AS WRITTEN. AYES: NAYS: Allen, Barber, Bode , Fowler, O'Brien , Seymour, and Smith None ABSTAIN : None ABSENT: None The motion carried . The Chair announced the motion approved. IV. FINDINGS OF FACT Seymour moved; Smith seconded: THAT THE FINDINGS OF FACT IN CASE #9-97, NILE SCHWABAUER, QUALITY RESTORATION, 4015 S. INCA STREET, BE APPROVED AS WRITTEN. AYES: NAYS: Allen, Barber, Bode, Fowler, O'Brien, Seymour, and Smith None. ABSTAIN: None. ABSENT: None. The motion carried . Mr. Smith suggested amending the Findings of Fact in Case No . 10-97 as follows: Finding No. 2 be amended to read " ... Case #9-97, which should have been #10-97 . The published notice of Public Hearing was sufficient." Finding No. 3 be amended to read "That all other pertinent information was correct." Mr. Smith moved; Seymour seconded : 5 THAT THE FINDINGS OF FACT IN CASE #10-97, FRED SASS, 4550 SOUTH FOX STREET BE APPROVED AS AMENDED. AYES: NAYS: Allen, Barber, Bode, Fowler, O'Brien, Seymour, and Smith None. ABSTAIN: None. ABSENT: None. Motion carried. V. STAFF ADVISOR'S CHOICE Mr. Stitt reported that City Council will announce the selection for the vacant Board position on February 2, 1998. VI. CITY ATTORNEY'S CHOICE None. VII. BOARD MEMBER'S CHOICE Mr. Fowler announced that he did not reapply for the position to the Board due to personal time constraints. On behalf of the Board, Mr. Smith thanked Mr. Fowler for his service and expressed the Board's appreciation for his contributions to the Board. Mr. Barber asked Mr. Stitt if there was a current ordinance addressing construct ion sites in regard to fencing. Mr. Stitt responded that the zoning ordinance did not address that issue. Mr. Barber encouraged Staff to develop a policy regarding construction site fencing. There was no further business brought before the Board. The meeting was declared adjourned at 8:20 p.m . \Ieng_ ch\sys\dept\nbd\group\boards\boa\minutes\ 199811-98 .doc 6 '~ ' • •