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HomeMy WebLinkAbout1998-05-13 BAA MINUTES• • MINUTES BOARD OF ADJUSTMENT AND APPEALS May 13, 1998 I. CALL TO ORDER The regular meeting of the Englewood Board of Adjustments and Appeals was called to order at 7:30 P.M. in the Englewood City Council Chambers, Chair O'Brien presiding. Members present: Barber, Bode, Mcintosh, O'Brien, Seymour, Smith Members absent: Allen Staff present: Assistant City Attorney Nancy Reid Community Coordinator Mark Graham Chair O'Brien stated that there were six 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. ELECTION OF OFFICERS Mr. Seymour moved; Mr. Smith seconded: TO ELECT MR. BARBER AS CHAIR, AND MR. BODE AS VICE CHAIR. AYES: NAYS: Barber, Bode, Mcintosh, O'Brien, Seymour, and Smith None ABSTAIN: None ABSENT: Allen The motion carried. Mr. Barber assumed his office as Chair. Ill. PUBLIC HEARING -CASE #2-98 Al Castelo 3705 S. Clarkson Chair Barber declared the Public Hearing open, stating he had proof of posting and publication. Mr. Smith questioned if the sign was too far off the property line; if it was close enough for the neighbors to be notified of the meeting; and if the posting was sufficient. Mr. Smith further stated that the general ordinance on Boards does not 1 necessarily require posting; however, the Board of Adjustments and Appeals does require posting "where appropriate "; appropriate seems to determine whether there is property use . The ordinance further states that the sign needs to be 22x28 inches, 4 • feet above the ground, and placed in a conspicuous place. Discussion ensued. Mr. Smith moved, Mr. Seymour seconded: AYES: NAYS: THAT THE POSTING BE DECLARED SUFFICIENT FOR THE PURPOSE OF THIS VARIANCE. Barber, Bode, Mcintosh, O'Brien , Seymour, and Smith None ABSTAIN: None ABSENT: Allen The motion carried . Staff was asked to present the request. Mark Graham , Community Coordinator, was sworn in for testimony. Mr. Graham stated the applicant is requesting a lot area variance on an R-3 property in order to construct a medical office building. For office uses in the R-3 zone district, a minimum of 24 ,000 square feet lot area is required. He further stated staff has reviewed the case and find reasons within the application to support the request. Mr. Graham proceeded to cite the following reasons: 1 . The property is isolated from other residential properties by Little Dry Creek , the athletic fields at the high school, and is adjacent to office buildings and multi- fam ily . The property is currently used for a single family dwelling, but is not part of a neighborhood. Staff believes some use other than single family would be appropriate , and there is insufficient property to do a substantial multi-fam ily dwelling ; 2. The second criteria is to protect the health , safety and welfare of the community. In this case , staff believes , although you could build residential uses on the property without a variance , the current proposal is more appropriate. 3. The property is unusually shaped --triangular with a sect ion missing from the corner. The City initially took property for a drainage improvement project , and secondly for roadway projects along Kenyon Avenue. 4. The only adjacent properties to be impacted by the variance is the office property to the north. There is a retaining wall along Dry Creek , and the properties in Cherry Hills Village are oriented in the opposite direction. 5. The adjacent properties are developed and the proposal is compatible with those developments . Mr. Graham further testified that if City was willing to complete the transaction that was • initiated in 1986 --that is to return the land between the top of the retain ing wall and the property line --the variance would only need to be for 18,665 square feet. He 2 . l • explained that staff and the City Attorney discussed the issue , but it turns out to be a bit of a "Pandora 's box." The property was granted through the Englewood Urban Renewal Authority ; therefore, it is unclear whether City Council can vacate the property . Mr. Graham stated he was unable to provide further details on that matter. Mr. Al Castelo , 19 S . Franklin Circle , was sworn in. Mr. Castelo addressed the concern with the posting by stating he was the person who made and erected the sign . He testified that there is considerable landscaping by the sidewalk, and it was difficult to place the sign . He further stated that he initially placed the sign by the trees near the fence, but he was concerned that it would be less visible and more susceptible to vandalism . He explained that he placed the sign in the most open area that faced Clarkson Street and was unaware that there were certain requirements that the sign needed to be on the property line . Mr. Castelo proceeded by stating that Kenyon and Clarkson Streets abut the property to the east and west ; Little Dry Creek is to the South ; and to the west is a little parcel of land that belongs to the City that was deeded in 1986 . He stated his architect would continue presenting the case with visual boards and additional deta ils. Mr. Dennis Carlson , Dennis Carlson Architects , 3880 S . Atchison Way was sworn in. Mr. Carlson directed the Board 's attention to drawings showing the location of the site. He pointed out South Clarkson Street and US 285 , and indicated that the area north is zoned R-3 and the only other 2 single-family residences are on South Pennsylvania Avenue ; the remainder is multi -family or professional offices . Mr. Carlson presented pictures showing the house on the lot; a view to the northwest showing an apartment complex ; a view looking to the north showing a 5-story medical building; and a view looking south and southwest showing open space , Little Dry Creek, and high school ball fields . Mr . Barber inquired if there was a picture with an eastern view . Mr. Carlson responded that Cherry Hills Village is to the east, and he did not have a picture. Mr. Carlson further testified that there is parking under a portion of the building, and 36 parking spaces are allotted. He reminded the Board that the drawings are strictly proposals and could change . He presented an elevation drawing and stated they would like to build some type of tower or similar architectural feature so the building will stand out from the corner of US 285 and Clarkson Street. Mr. Carlson then directed the Board's attention to the drawing showing the rear of the building and pointed out they would like to take advantage of the open space by doing some terracing; the third level would not be as large as the second level floor plate to provide decks and terraces overlooking the open space . Mr . Barber asked if the proposal meets the parking ratios , open area percentages , and other requirements from the City. Mr. Carlson responded that the site plan indicates 36 parking spaces; the square footage is 1 per 300, but that excludes all common areas and corridors , so that requirement is met. The open space is 25 percent, and he stated he has not calculated it but believes that requirement is met. He stated he would submit those calculations to staff. Mr. Barber went on to ask if a traffic study had been conducted to show what impact the proposed business would have on the intersection of Clarkson Street. Mr. Carlson replied that he had not, but would do so if required. 3 There were no other persons present to testify for or against the variance request. Chair Barber incorporated the staff report into the record and closed the public hearing . Mr. Seymour moved; Mr. Smith seconded: THAT FOR CASE #2-98, AL CASTELO, 3705 SOUTH CLARKSON , A VARIANCE BE GRANTED FOR A REDUCTION IN THE MINIMUM LOT AREA FROM 24,000 SQUARE FEET TO 18,748 SQUARE FEET TO PERMIT USE OF THE PROPERTY FOR A PROFESSIONAL OFFICE. THIS IS A VARIANCE FROM 16-4-8:C(3) OF THE COMPREHENSIVE ZONING ORDINANCE WHICH REQUIRES A MINIMUM OF 24,000 SQUARE FEET OF PROPERTY IN THE R-3, HIGH DENSITY RESIDENCE DISTRICT FOR PERMITTED PRINCIPAL USES OTHER THAN RESIDENTIAL. Mr. Smith stated that he likes the proposal, believes that the City taking some of the property has an impact on the piece; and that the property is not worth much and will not be suitable for a single-family dwelling in the near future. He further stated that the plans look good and believes the property will be "better looking" than what is currently on the property. With no further discussion, the secretary polled the members ' votes. Mr. Seymour voted yes; it is a good project for the irregular space of the land; it will not bother the neighborhood; it upholds the spirit of the ordinance; and in general, meets all five conditions. Ms. Mcintosh voted yes; concurring with Mr. Seymour. Mr. Smith voted yes; concurring with staff's analysis. Mr. Smith stated the five criteria had been met and cited the following: 1. There are exceptional conditions regarding the property --the triangular shape; the open space; and the fact that the City took part of the property. 2. It is a compatible land use, much more so than a single family dwelling or residential use. 3. It does not adversely affect the adjacent property or remainder of the neighborhood, primarily because the adjacent property is also a medical-type office building. 4. It does not impair or impact negatively any of the other adjacent properties and will be able to be developed. 5. It is the least modification necessary to grant the usable space to this piece of property. 4 • Ms . O'Brien, Mr. Bode, and Chair Barber voted yes , concurring with Mr. Smith. The Chair announced the variance as granted by a 6-0 vote , and directed the applicant • to contact the planning division staff for any additional information. c Ill. APPROVAL OF MINUTES . Chair Barber asked for consideration of the Minutes from the January 14, 1998, public hearing. Seymour moved , Smith seconded : THE MINUTES OF JANUARY 14 , 1998 BE APPROVED AS WRITTEN. AYES: Barber, Bode , O'Brien , Seymour, and Smith NAYS: None ABSTAIN: Mcintosh ABSENT: Allen The motion carried. The Chair announced the motion approved. IV. FINDINGS OF FACT Seymour moved ; Smith seconded : THAT THE FINDINGS OF FACT IN CASE #1-98 , RICK KAHM FOR THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, 701 W. HAMPDEN , BE APPROVED AS WRITTEN . AYES: NAYS: ABSTAIN: ABSENT: Barber, Bode , O'Brien, Seymour, and Smith None . Mcintosh . Allen. The motion carried . V. STAFF ADVISOR'S CHOICE Mr . Graham reported that four cases are schedu led for public hearing on June 10 , 1998 . He asked if the book, The Zoning Board Manual , had been helpful to the Board. Mr. Seymour stated he enjoyed reading the book . Mr. Graham offered to answer any questions the Board might have regard ing the book and how it compares to Englewood's Code. Mr. Smith asked if a list of the applicants ' names and addresses for the June 10 meeting was availalbe. Ms . Fenton responded that it was not immediately available , but that she would mail it to the members the next day . 5 VI. CITY ATTORNEY'S CHOICE Ms. Reid requested a copy of The Zoning Board Manual. She introduced herself to Ms. • Mcintosh and offered her assistance. VII. BOARD MEMBER'S CHOICE Mr. Seymour stated that he feels that the Board is continually educating staff. He further stated that he has a problem with staff telling the Board the Findings of Fact; it is the job of the Board to determine the facts. He noted that staff had presented the applicant's case and had done the Board's job; it is the applicant's responsibility to present the case. He stated he did not object to staff introducing the case; and if the applicant does not present the case adequately, the Board will ask questions of staff and the applicant. Mr . Smith suggested having a study session to develop a procedure and to determine the best way to direct staff. Ms. O'Brien concurred, stating she felt it was unfair to staff for each of the Board members to individually direct the Board; it should be a group effort. Chair Barber and Ms. O'Brien welcomed Ms . Mcintosh to the Board. There was no further business brought before the Board . The meeting was declared adjourned at 8:15 p.m. \Ieng_ ch\syslde ptlnbd \group\boardslboalminutcs \ 1998\ 1-98 .doc 6