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HomeMy WebLinkAbout1998-10-14 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS October 14, 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, Mcintosh, O'Brien, Seymour, Smith Members absent: None Staff present: Nancy Reid, Assistant City Attorney Brad Denning, Planning Analyst Vice Chair Bode stated that there were six members present; therefore, five 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 #9-98 James C. Herdener 4343 and 4377 South Acoma Street The Chair noted for the record that the Englewood Herald erroneously published this case as Case 3 9-98; however, all other relevant information is correct. He stated that he received a memo from Nancy Fenton, recording secretary, indicating that Assistant City Attorney Nancy Reid determined that it is a "De Minimis" typographical error and that the publication is sufficient. 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 exceed the maximum building height of 25 feet by 3 feet. James C. Herdener, 4386 S. Pennsylvania Street, was sworn in for testimony. Mr. Herdener stated he appreciated the Board reviewing his project. He testified that when developing the project he inadvertently overlooked the height requirement. When he realized the height issue was a problem, he quickly prepared his application in order for the Board to hear at the October meeting . Mr. Herdener stated that his main concern is to build a nice structure in Englewood. He clarified that there are actually two structures to be built; a Phase I and a Phase II, each 1 containing 3 units. He stated Phase I is the project he wished to begin early next year. Regarding Phase II, he would be unable to provide a time frame. He continued by stating he posted the property with both addresses. He testified that the reason he pursued a gable roof was to allow self drainage to the front and to the alley and did not pursue a hip roof to help with the drainage. With a hip roof, it would still be approximately 26 feet to the middle of the roof, and the hip roof was his personal favorite. He continued by stating, if necessary, he could narrow the structure front and back and reduce the square footage in order to lower the roof. Mr. Smith inquired as to why he didn't dig a deeper hole. Mr. Herdener responded that he had looked at a garden level, but didn't care for it. Mr. Seymour stated he liked the idea of digging a deeper hole and had no problem with a garden level. He continued by stating he had a problem with tall buildings within a residential district. Mr. Herdener testified that if he was unable to obtain the variance, he would be able to proceed in another direction, but he felt the variance was worth a try. He stated that each unit would be approximately 1,500 square feet with 3 bedrooms in order to attract nice tenants, but he could scale back to a two bedroom. He stated that his architect and father-in-law advised him that a garden level would give him a basement apartment. He further stated his initial plans were for a one story with a full basement, but his architect reiterated that he would have a basement apartment which would not produce premium rent. He then changed his plans to a garden level, which added an extreme amount of stairs and landings. Due to the number of stairs, he changed his plans to the two story structure before the Board this evening. Mr. Allen inquired whether the two houses would be demolished. Mr. Herdener responded that both houses were built in the late 1940's. One house is on mud sills, which he and his wife lived in for 14 years. The house now requires a lot of money to fix up. This property would be the Phase I of his project. Mr. Smith reminded Mr. Herdener that the first criteria the Board must look at is that exceptional conditions or circumstances exist with the property. He stated he felt that Mr. Herdener was asking the Board to maximize the profits he could make on the property . He further stated that he did not see any exceptional circumstances or conditions regarding the property. Mr. Herdener admitted that it is a self-imposed hardship and understood the Board can't just "hand out" variances to everyone that requests one. Mr. Herdener informed the Board that across the alley there is a structure that is at least 25 feet high, and to the South is a structure that is close to 25 feet. Mr. Herdener believes that his structures would not be completely out of place. Mr. Allen inquired if Mr. Herdener had the required number of parking spaces. Mr. Herdener responded he did; 2 spaces per bedroom and no compact spaces. Mr. Allen continued by stating that he looked at the property and believes it would be an improvement to the area. He stated his personal preference is Option 3. • • Mr. Herdener continued by stating the neighbors are in favor of the project since it will improve the neighborhood. • Mr. Seymour asked if the neighbor at 4327 S. Acoma, Wilma Smith, had any objections. Mr. Herdener responded that the 4377 S. Acoma property originally was 2 • • • owned by Ms. Smith 's mother who then sold it to him approximately 8 years ago . Mr. Herdener stated that Ms . Smith is anxious for the project to proceed . Mr. Seymour expressed concern regarding shadows being cast onto her house. Mr. Herdener reiterated that Ms . Smith has no opposition to his project. Mr. Seymour inquired whether there would be a problem in the winter with sun . Mr. Herdener responded that the structures would cast a shadow onto her property , but he can 't change that. Even if the structure is built at 25 feet , which is permitted, it would still cast a shadow on her house . He indicated that a hip roof would cast less of a shadow than a gable. Mr. Allen asked which option Mr. Herdener plans on using. Mr. Herdener responded that he prefers Option 3. 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 #9-98, THE APPLICANT, JAMES C. HERDENER , 4386 SOUTH PENNSYLVANIA, BE GRANTED A VARIANCE FOR 4343 AND 4377 SOUTH ACOMA STREET TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 25 FEET BY 3 FEET CONDITIONED UPON SAID APPLICANT USING OPTION 3 AS SUBMITTED IN HIS APPLICATION AND A COPY OF WHICH IS APPENDED TO THESE MINUTES . Mr. Smith stated that he saw nothing exceptional about the property; therefore , it failed to meet the first criteria. He continued that he saw no reason why a conforming structure could not be built on the property. Ms . O'Brien agreed that the Board must consider all five of the criteria and that the first criteria is not justified. With no further discussion, the secretary polled the members' votes. Ms . O'Brien voted "no". She stated that she could not justify the first criteria and if all five criteria are not met, she is forced to vote no. Mr. Allen voted "yes." He stated that the existing properties are not an asset to the neighborhood and the proposed project would be a tremendous improvement. Mr. Seymour voted "yes" concurring with Mr. Allen . He continued by stating that while there is not a concrete problem with the property perhaps an abstract problem exists. He pointed out that there were no objections from the surrounding neighbors. Ms . Mcintosh voted "yes" concurring with Messrs. Allen and Seymour . Mr . Smith voted "no" concurring with Ms. O'Brien, as well as it will adversely affect the adjacent property . He further noted that the re are a few structures in the neighborhood that appear to be out of place and fears that apartments will keep being built in that neighborhood. He continued by stating that if the neighborhood wished apartment 3 buildings, City Council should change the zoning rather than the Board doing it on a case to case basis. Chair Bode voted "no" stating he could not find justification for the five criteria. The Chair announced the variance as denied by a 3-3 vote. Ill. APPROVAL OF MINUTES. Vice Chair Bode asked for consideration of the Minutes from the August 12, 1998, public hearing. Smith moved; Seymour seconded: AYES: NAYS: THE MINUTES OF AUGUST 12, 1998 BE APPROVED AS WRITTEN. Allen, Bode , Mcintosh, O'Brien, Seymour, and Smith None ABSTAIN: None ABSENT: None The motion carried. The Vice Chair announced the motion approved. IV. FINDINGS OF FACT Mr. Seymour moved; Mr. Smith seconded : AYES: NAYS: THAT THE FINDINGS OF FACT IN CASE #4-98, MARLYS LESTER STICKNEY, 4350 SOUTH DELAWARE STREET, AND CASE #8-98, RUTH L. AND RUSSELL B. PIETZ, 2352-2354 WEST HILLSIDE AVENUE, BE APPROVED AS WRITTEN . Allen , Bode, Mcintosh, O'Brien, Seymour, and Smith None ABSTAIN: None ABSENT: None The motion carried . V. STAFF ADVISOR'S CHOICE Mr. Denning reminded the Board that the November meeting was changed to Thursday, November 12. The Board asked the recording secretary to call on November 10 to remind them . Mr. Denning also asked the Board if they wished to receive the Variance • • Findings Summary which was included in their packet. The Board directed staff to • provide copies of the Summary for each case. 4 • • • VI. CITY ATTORNEY'S CHOICE Ms. Reid directed the Board's attent ion to Mr. Barber's resignation letter. Discussion ensued regarding the letter. Ms . Reid suggested that the Board elect a new chair and vice chair for the remainder of the year. Mr . Seymou r moved, Mr. Smith seconded: THAT WILLIAM BODE BE ELECTED CHAIR AND MARCIA O'BRIEN AS VICE CHAIR. AYES: NAYS: Allen, Bode, Mcintosh , O'Brien, Seymour, and Smith None ABSTAIN: None ABSENT: None • The motion carried. VII. BOARD MEMBER'S CHOICE Mr . Smith took exception to Mr. Barber 's letter. Discussion ensued. There was no further business brought before the Board. 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