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HomeMy WebLinkAbout1999-06-09 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS June 9, 1999 I. CALL TO ORDER The regular meeting of the Englewood Board of Adj us tments and Appeals was called to order at 7:55 P.M. in the Englewood City Council Chambers, Chair Bode presiding. Members present: Bode, Davidson, O'Brien, Aasby, Smith Members absent: Seymour (Secretary's Note: One vacancy) Staff present: Na ncy Reid, Assistant City Attorney Mark Graham, Senior Planner Kate Newman, Planning Technician Chair Bode stated that there were five members present; therefore, four affirmative votes will be required to grant a variance. Chair Bode stated that the Board of Adjustments and Appeals is empowered to grant variances by Part Ill, Section 60 of the Englewood City Charter. Chair Bode set forth parameters for conduct of hearings: The 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. Mr. Smith offered his apologies for being late and delaying the start of the meeting. Chair Bode stated that staff wished to address the Board prior to the public hearing. Mark Graham, Senior Planner, stated he was representing Harold Stitt who was away from the office . Mr. Graham pointed out that in two sections of the staff report for Case No . 7-99, Mr. Stitt used "14.6 feet" as his calculation for the encroachment; however, upon review , Mr. Graham stated he believes it should read "15.6 feet". Mr. Graham offered that the staff report should be amended to reflect 15.6 feet of encroachment. To support his calculation, Mr. Graham stated that in the R-2 zone district, in which the property is located, a 25-foot front set back is required. By looking at the diagram provided by the applicant, a dimension of 9 ft. 4 in. is shown from the property line, also the fence line, to the existing front porch . Mr. Graham stated he subtracted the 9 ft. 4 in. from the required 25 feet and arrived at 15 ft. 8 in., or 15.6 ft. 1 II. PUBLIC HEARING -CASE #7-99 Mark and Joyce Bjorlin 4301 South Lincoln Street Chair Bode declared the Public Hearing open, stating he had proof of publication and posting. He introduced the case by stating it is a variance from Section 16-4-5:J, Minimum Front Yard, to encroach 15.6 feet into the required 25-foot front yard set back to add to an existing front porch. Carl Welker, 4611 South Clarkson, was sworn in for testimony. Mr. Welker stated he was the architect for the applicant and presented four affidavits from neighbors stating they had no objection to the variance request. Mr. Welker testified that the house is situated on a very long and skinny lot that runs at right angles along the street, rather than into the street like a normal lot in Englewood. The house faces the street, and the applicant is asking to extend the porch to the north to increase the size of the platform. The applicants' intention is to further build a handicap ramp that extends north, then turns and proceeds across south of the porch until it reaches the existing sidewalk. Staff had nothing further to add. There were no other persons present to testify for or against the variance. Chair Bode incorporated the staff report and exhibits into the record and closed the public hearing . Mr. Smith moved; Ms. O'Brien seconded: THAT FOR CASE #7-99, MARK AND JOYCE BJORLIN, 4301 SOUTH LINCOLN STREET, BE GRANTED A VARIANCE FROM SECTION 16-4-5:J, MINIMUM FRONT YARD, TO ENCROACH 15.6 FEET INTO THE REQUIRED 25-FOOT FRONT YARD SETBACK TO ADD TO AN EXISTING PORCH. Mr. Rasby stated the request is not creating a change. Further, the variance will add to the structure and improve the living conditions for the occupants. Mr. Rasby further stated that the neighbors have no objection to the request. Chair Bode asked if the fire marshal reviewed the request and whether he had any concerns regarding how close the proposed addition is to the fence. Mr. Graham responded that the application is routed to all the departments listed, and they in turn respond with any comments. Mr. Smith clarified that the response "requires no comment" is actually from the fire marshal. Mr. Graham stated that was correct. With no further discussion, the secretary polled the members' votes. Mr. Smith stated he voted "yes" for the reasons previously stated by Mr. Rasby. In addition, the property is an odd shaped lot --47 ft. by 200 ft. With regard to the spirit of the ordinance, Mr. Smith stated it must consider the handicap laws and similar issues . 2 • • • • • • Further, he believes that any proposal which adds handicap accessibility also observes the spirit of the ordinance. Mr. Aasby stated he voted "yes " for the reasons previously stated. Ms . O'Brien , Ms. Davidson, and Chair Bode stated they voted "yes", concurring with Messrs. Aasby and Smith. 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. Ill. APPROVAL OF MINUTES. Chair Bode asked for consideration of the Minutes from the May 12, 1999 public hearing. Ms . O'Brien moved , Mr. Aasby seconded : THE MINUTES OF MAY 12 , 1999 BE APPROVED AS WRITTEN . AYES: NAYS: ABSTAIN: ABSENT: Bode, Davidson, O'Brien, Aasby and Smith None None Seymour The mot io n carried . The Chair announced the motion approved. IV. FINDINGS OF FACT Mr. Smith moved; Ms. O'Brien seconded: AYES: NAYS: THAT THE FINDINGS OF FACT IN CASE 4-99, AUSTIN RAY REVELS, 4400 SOUTH BANNOCK STREET, CASE #5-99 , JUANITA S. ROGERS , 3912 SOUTH LOGAN STREET, CASE #6-99, WILLIAM BJORLIN , 4470 SOUTH GRANT STREET , BE APPROVED AS WRITTEN. Bode , Davidson , O'Brien , Aasby , and Smith None. ABSTAIN: None ABSENT: Seymour The motion carried. The Chair announced the motion approved . 3 v. STAFF ADVISOR'S CHOICE Mr. Graham reminded the Board of the upcoming workshop sponsored by the Regional Council of Governments and American Planning Association scheduled for June 19. The deadline for registration is June 14. The workshop will be held at the Center for the Performing Arts and includes breakfast and lunch. Mr. Graham stated the City would cover the registration cost for any Board members who wished to attend. He asked anyone interested in attending to contact the recording secretary. Mr. Graham further stated no cases are scheduled for July. Chair Bode asked if any Board members had attended any of the workshops. Mr. Smith stated he believes the upcoming workshop would be good to attend because it offers CLE credits. Ms. O'Brien asked if the workshop was sponsored by DRCOG. Mr. Graham responded that it was. Ms. O'Brien stated that she attended a workshop sponsored by DRCOG and found it beneficial. She further stated that the upcoming workshop is held on a Saturday in June, and she didn't want to spend a nice summer day in a workshop. Mr. Graham asked if the Board would be more interested in attending a similar workshop if it was conducted in February. The Board stated they would be interested. Mr. Smith asked if the workshop would be available on video or audio tape. Mr. Graham stated he didn't know, but he would look into it. The Board asked him to purchase a tape of the workshop if it was available. Ms. Reid asked for clarification --did the Board wish staff to schedule a training session for a non-summer month? Mr. Smith stated it would depend on the presenters; he stated he liked the outline of the upcoming program, but felt the same as the other Board members that a Saturday in June is hard to give up. Mr. Graham introduced Kate Newman as the new planning technician and stated Kate would be working with the Board in the future. VI. CITY ATTORNEY'S CHOICE Ms. Reid stated she had nothing further. VII. BOARD MEMBER'S CHOICE The Board had nothing further. There was no further business brought before the Board. The meeting was declared adjourned at 8:1 p.m. 4 • • •