HomeMy WebLinkAbout1998-07-08 BAA MINUTES.
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
July 8, 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, Vice Chair Bode presiding.
Members present: Bode, Mcintosh, O'Brien, Seymour, Smith
Members absent: Allen and Barber
Staff present: Assistant City Attorney Nancy Reid
Community Coordinator Harold Stitt
Vice Chair Bode stated that there were five members present; therefore, four
affirmative votes will be required to grant a variance. Mr. Bode stated that the Board of
Adjustments and Appeals is empowered to grant variances by Part Ill, Section 60 of the
Englewood City Charter .
Vice Chair Bode set forth parameters for conduct of hearings: The Vice Chair will
introduce the case; applicants will present their request and reasons the variance
should be granted; proponents will be given an opportunity to speak; opponents will
address the Board; and then Staff will address the Board.
II. PUBLIC HEARING -CASE #8-98
Charles 0. Butler
4393 South Delaware Street
Vice Chair Bode declared the Public Hearing open, stating he had proof of posting and
publication.
Mr. Bode stated the applicant is requesting a variance to permit the construction of a
new carport that encroaches 2 feet into the required 3 foot side yard setback. This is a
variance from Section 16-4-4:M(1 )(d), Minimum Side Yard, of the Comprehensive
Zoning Ordinance.
Charles 0. Butler, 4393 South Delaware Street, was sworn in for testimony. Mr. Butler
stated he is requesting a variance in order to build a carport attached to an existing
one-car garage, utilizing the existing driveway. He further testified that the existing
garage is one-foot within his property line; to keep from putting the posts within the
driveway, the variance is needed .
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Mr. Seymour asked how granting the variance would help Mr. Butler. Mr. Butler replied •
that he currently has a one-car garage and recently purchased a new Ford pickup. The
purpose of constructing the carport is to protect his new vehicle. Mr. Seymour asked if
the carport would protect him from the weather and assist him in entering his house.
Mr. Butler stated the carport would provide hail protection for the new vehicle.
Ms. O'Brien asked Mr. Butler to elaborate on the existing landscaping in the rear year
which hinders his constructing the carport in that location. Mr. Butler stated there are
existing trees in the rear of the property . Another problem with constructing the carport
in the rear is the water drainage; when it rains, the alley becomes a river.
Ms. O'Brien asked if building the carport would change the existing encroachment. Mr.
Butler replied, "no."
Mr. Smith asked if he had future plans of converting the carport to a garage. Mr. Butler
replied, "no."
Harold Stitt , Community Coordinator, was sworn in for testimony . Mr. Stitt stated he
had nothing further to add. Mr. Seymour complimented Mr. Stitt on the staff report he
submitted to the Board. Mr. Stitt thanked Mr. Seymour.
There were no other persons present to testify for or against the variance request. Vice
Chair Bode incorporated the staff report and exhibits into the record and closed the •
public hearing .
Mr. Seymour moved;
Mr. Smith seconded:
THAT FOR CASE #7-98, CHARLES 0. BUTLER, 4393 SOUTH DELAWARE
STREET, THE APPLICANT BE GRANTED A VARIANCE TO:
PERMIT THE CONSTRUCTION OF A NEW CARPORT THAT ENCROACHES 2
FEET INTO THE REQUIRED 3 FOOT SIDE YARD SETBACK. THIS IS A
VARIANCE FROM SECTION 16-4-4:M(1)(d), MINIMUM SIDE YARD, OF THE
COMPREHENSIVE ZONING ORDINANCE.
With no further discussion , the secretary polled the members ' votes.
Mr. Seymour voted "yes", stating that it would not adversely affect the neighborhood
and will afford the applicant safety in inclement weather.
Mr. Smith voted "yes", for the reasons set forth in the staff report. He added that with
respect to the first criteria the drainage causes a unique condition on the property.
Ms. Mcintosh, Ms. O'Brien, and Vice Chair Bode voted "yes", concurring with Messrs .
Seymour and Smith.
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• The Chair announced the variance as granted by a 5-0 vote , and directed the applicant
to contact the planning division staff for any additional information.
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Ill. APPROVAL OF MINUTES.
Vice Chair Bode asked for consideration of the Minutes from the June 10 , 1998, public
hearing .
Smith moved ,
Seymour seconded :
THE MINUTES OF JUNE 10 , 1998 BE APPROVED AS WRITTEN .
AYES: Bode, Mcintosh, O'Brien , Seymour, and Smith
NAYS: None
ABSTAIN: None
ABSENT: Allen and Barber
The motion carried. The Vice Cha ir announced the motion approved.
IV. FINDINGS OF FACT
Mr. Smith moved;
Ms . O'Brien seconded:
AYES:
NAYS:
THAT THE FINDINGS OF FACT IN CASE #3-98 , DAVE KURZ , 3397 SOUTH
LAFAYETTE STREET ; CASE #5-98, ROGER AND DEBORAH PERRY-SMITH ,
3162 S. GAYLORD STREET ; AND CASE #6-98, JON HINDLEMANN, 2916 S.
LAFAYETTE STREET, BE APPROVED AS WRITTEN.
Bode , Mcintosh , O'Brien, Seymour, and Smith
None .
ABSTAIN: None
ABSENT: Allen and Barber
The motion carried .
V. STAFF ADVISOR'S CHOICE
Mr. Stitt stated he had nothing further.
VI. CITY ATTORNEY'S CHOICE
• Ms. Re id stated she had nothing further.
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VII. BOARD MEMBER'S CHOICE
Mr. Seymour inquired into Mr. Allen's absences from Board meetings . The recording
secretary stated that Mr. Allen has two recorded absences for 1998.
There was no further business brought before the Board. The meeting was declared
adjourned at 7:45 p.m.
f:\deptlnbd\grouplboardslboa\1998 caseslcase 7-98\minutes.doc
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