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HomeMy WebLinkAbout1998-08-12 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS August12 , 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: Allen, Bode , O'Brien, Seymour, Smith Members absent: Barber and Mcintosh Staff present: Nancy Reid , Assistant City Attorney Mark Graham , Senior Planner 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 w ill be given an opportun ity to speak ; opponents will address the Board ; and then Staff w ill address the Board. II. REVIEW OF DRAWINGS -CASE #4-98 Marlys I. Lester St ickney 4350 S. Delaware Street V ice Chair Bode stated that a letter had been received from Mrs. Lester Stickney indicating she would be unable to produce the drawings , and therefore , would not be proceeding w ith the variance . Mr. Smith moved; Ms. O'Brien seconded: THAT FOR CASE #4-98 , MARLYS I. LESTER STICKNEY, 4350 SOUTH DELAWARE STREET , THE CONDITIONAL APPROVAL AT THE JUNE 10, 1998 MEETING BE WITHDRAWN AND THE APPLICANT'S REQUEST FOR A VARIANCE TO PERMIT A 21-FOOT FRONT YARD SET BACK TO PERMIT BUILDING AN ENCLOSED RAMP FROM THE FRONT DOOR TO A NEW GARAGE AND TO PERMIT CONSTRUCTION OF A NEW GARAGE THAT CAN BE ACCESSED VIA THE NEW RAMP BE DENIED. The motion carried with a 5-0 vote. Ill. PUBLIC HEARING -CASE #8-98 Ruth L. and Russell B. Pietz 2352-2354 West Hillside Avenue Vice Chair Bode declared the Public Hearing open, stating he had proof of posting and publication. Mr. Bode stated the applicant is requesting to reinstate a previous variance granted in June, 1983 permitting a reduction in minimum lot area from 3,000 square feet to 2,400 square feet; a reduction in lot frontage from 25 feet to 22.33 feet; a reduction in total side yard from 14 feet to 10 feet; and an allowance of one parking space in the required front yard. Russell Pietz, 4302 South Yosemite Circle, was sworn in for testimony. Mr. Pietz testified that he was before the Board again due to his mistake in not obtaining the building permit within the required time frame. He continued by stating that the variance is needed due to the fact that the land size is less than 3,000 square feet. He further stated that he was approved for a building permit, but it lapsed prior to his starting construction. Mr. Smith asked Mr. Pietz if he was now ready to proceed with the project without further delay and if financing was in place. Mr. Pietz responded that financing is in place; he is ready to pull a permit; and he is ready to start the project. Mr. Seymour inquired as to how long it would take to complete the project. Mr. Pietz stated he builds one project at a time. He uses a few subcontractors, but he mostly does the work himself. He estimated 6-9 months to complete the project. Mr. Smith asked if there had been any changes in the property or surrounding properties since the last extension was granted. Mr. Pietz responded that he was unaware of any changes. Mr. Allen stated he looked at the property and believes that the proposed use would be good for that property; it is currently a "weed patch." The development would be in keeping with the other development on the block. 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: 2 • • • I . • • THAT FOR CASE #8-98 , THE APPLICANTS, RUTH L. AND RUSSELL B. PIETZ, 4302 SOUTH YOSEMITE CIRCLE , BE GRANTED A REINSTATEMENT TO A VARIANCE FOR 2352-2354 WEST HILLSIDE AVENUE TO: PERMIT A REDUCTION IN MINIMUM LOT AREA FROM 3 ,000 SQUARE FEET TO 2,400 SQUARE FEET; A REDUCTION IN LOT FRONTAGE FROM 25 FEET TO 22.33 FEET; A REDUCTION IN TOTAL SIDE YARD FROM 14 FEET TO 10 FEET; AND AN ALLOWANCE OF ONE PARKING SPACE IN THE REQUIRED FRONT YARD. With no further discussion, the secretary polled the members' votes. Ms. O'Brien voted "yes". With respect to the first criteria that there are exceptional conditions or circumstances relative to the property such that compliance with the regulations would result in a hardship for the property owner, she noted that the exceptional conditions have not changed since April, 1997 when the Board last granted the request. With respect to the second criteria that a variance observe the spirit of the ordinance , she stated that the established pattern for the subject neighborhood is a R-2-C zone for duplexes and granting a variance would observe the spirit of the ordinance by promoting the established pattern . With respect to the third criteria that the variance not adversely affect adjacent property or the neighborhood, Ms. O'Brien noted that the adjacent properties are developed with units similar to those proposed by the applicant; the other use is a park and beyond that is industrial. With respect to the fourth criteria that the variance will not impact or impair the use or development of adjacent property, she stated it is already developed. With respect to the fifth criteria that the variance be the least modification necessary to grant relief to the applicant, she noted that the size and frontage of the lot in existence cannot be changed and the variance does appear to be the least modification necessary to make constructive use of the property. Mr. Allen, Mr. Seymour, Mr. Smith, and Vice Chair Bode voted "yes", for the reasons set forth by Ms. O'Brien. 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. IV. APPROVAL OF MINUTES. • Vice Chair Bode asked for consideration of the Minutes from the July 8, 1998, public hearing. 3 Smith moved, Seymour seconded: THE MINUTES OF JULY 8, 1998 BE APPROVED AS WRITTEN. AYES: Bode , O'Brien, Seymour, and Smith NAYS: None ABSTAIN: Allen ABSENT: Barber and Mcintosh The motion carried. The Vice Chair announced the motion approved. V. FINDINGS OF FACT Ms. O'Brien moved; Mr. Smith seconded; THAT THE FINDINGS OF FACT IN CASE #7-98, CHARLES BUTLER, 4393 SOUTH DELAWARE STREET, BE APPROVED AS WRITTEN. AYES: NAYS: Bode, O'Brien, Seymour, and Smith None ABSTAIN: Allen ABSENT: Barber and Mcintosh The motion carried. VI. STAFF ADVISOR'S CHOICE Mr. Graham noted that no cases were scheduled for September. VII. CITY ATTORNEY'S CHOICE Ms. Reid stated she had nothing further. VIII. BOARD MEMBER'S CHOICE Mr. Smith suggested that pictures of the new Town Center be put on the City's web site. Mr. Graham stated he would look into the matter. Discussion ensued concerning the redevelopment of Cinderella City. Mr. Graham stated staff will provide the Board copies of the pictures which were presented at the previous City Council meeting. He also reminded the Board of the demolition celebration scheduled for August 18, commencing at 10:00 a.m. 4 • • • • • • Mr. Seymour requested that the staff report be placed at the front of the Board 's packet. Mr. Smith also asked that a suggested motion be placed in the packet. Discussion ensued. The Board directed the Recording Secretary to supply them with copies of various Official Notifications filed with Arapahoe County for their review. The Board further directed the Recording Secretary to place the staff report at the front of their packet , followed by the application and supporting documentation. There was no further business brought before the Board. The meeting was declared adjourned at 8:05 p.m . f:\dcptlnbd\gro uplboards\boa\1998 cascs\casc 8-98\minutcs.doc 5