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HomeMy WebLinkAbout1999-08-11 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS August 11 , 1999 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 O'Brien presiding. Members present: Carlston, Davidson, O'Brien, Rasby, Seymour, Smith Members absent: Bode Staff present: Nancy Reid, Assistant City Attorney Tricia Langon, Planner Kate Newman, Planning Technician Vice Chair O'Brien stated that there were six members present; therefore, five affirmative votes will be required to grant a variance. Vice Chair 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 . Vice Chair O'Brien 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. II. PUBLIC HEARING -CASE #9-99 John and Cynthia Kebba 4664 South Mariposa Drive Vice Chair O'Brien declared the Public Hearing open, stating she had proof of publication and posting. She introduced the case by stating it is a variance from Section 16-4-2:M (1 ), Maximum Total Floor Area, to exceed the combined maximum total garage and carport floor area by 390 square feet. John Kebba, 4664 South Mariposa Drive, was sworn in for testimony. Mr. Kebba stated the reason he is asking for the variance is because he wishes to convert the existing structure into a garage, and the combined square footage of the attached garage and the detached structure exceeds the 1,000 square feet permitted for garages. He further stated that he wishes to add approximately 12 feet to the South side of the existing structure and update it to "fit" with the house. He continued by stating that he wants to enlarge the structure as well in order to make it more useful. 1 In response to the City's issue regarding structure size is not based on lot size, Mr. Kebba countered that while he understood the City's position, he believes the structure • will look smaller than its actual size due to the largeness of the lot. Regarding the second criteria, the applicant testified that from the street the attached garage, which faces south, appears to be more of the house rather than a garage. Further, if the Board grants the variance, the new structure, would be hidden from the view of street. Regarding the third criteria, the applicant testified he plans to conform to all the regulations regarding setbacks, building codes. He is only seeking a variance for the size. He further testified that he and his wife have spoken to a number of the neighbors surrounding their property, especially Mr. Smith who lives directly behind their property. The neighbors have expressed no concern. Further, the majority of the structure already exists, and his plans include adding 12 feet to the structure. Regarding the fourth criteria, Mr. Kebba again testified that he plans to stay within all the regulations tor the R1 A zoning district. Regarding the City's concern that the structure will exceed the total accessory structure, he testified that he is trying to unclutter the property and condense everything down to one building. He directed the Board's attention to the well house/shed on the drawing in their packets, and stated he plans to demolition that structure in order clean up the property. Mr. Kebba further testified that he is not trying to change the neighborhood; rather he is trying to stay within the building codes and setbacks. He continued by stating he has lived in Englewood all his life and lives next to his parents. He wants the structure to fit • in and improve the area. The existing building was built sometime in the 50's and was added onto in the 60's; the building is 22 ' x 24'. He stated he would appreciate any help from the Board to improve the property. He asked the Board if they had any questions. Mr. Seymour asked if he was going to remove the "tent frame" structures on the lot which cover the boats and trailers. Mr. Kebba responded that was the reason he was asking the board for the variance to enlarge the garage. He wants to store all the boats and trailers within the new garage and has no plans to run a business from the structure. Mr. Aasby asked tor clarification on the neighbor statement at 4650 S. Mariposa. Mr. Kebba stated he asked Mr. Gully for a statement because his parents live to the North and Mr. Gully is the next house. Mr. Aasby asked that Mr. Kebba inform Mr. Gully that he was not "casing" the neighborhood when he was looking at the property. Mr. Aasby stated that Mr. Gully followed him out of the neighborhood. Mr. Kebba replied that the neighbors watch out for each other. Ms . Carlston asked how long he has lived on the property. Mr. Kebba responded that he has lived there since 1986. Ms. Carlston asked if the structure is demolished whether he plans to build a double-depth garage. Mr. Kebba stated that he does not • 2 • • • wish to impose anymore on the yard, rather he wants to move it out towards the driveway. Mr. Kebba stated he needs to have the structure engineered in order to determined whether it can be used or have to pour over that concrete. Ms. Carlston asked if he would be rebuilding to the same height. Mr. Kebba replied that he plans to match the pitch of the existing house and keep it within the height limitations. Ms. Ca rlston asked if the door height would need to be higher for the boat. Mr. Kebba stated it would not; the boat clears the roof of the existing garage. Tricia Langon, Planner, was sworn in for testimony. Ms. Langon clarified that the variance was to Section 15-4-2:M(1 )(f); the "f" was inadvertently omitted. Mr. Smith asked what percentage of the lot would be covered. Ms. Langon stated that the lot is approximately 19,000 square feet, but she currently didn't know what percentage of the lot would be covered. Mr. Smith stated that it was not in the staff report, but according to his calculations it would be approximately 14 percent. There were no other persons present to testify for or against the variance. Vice Chair O'Brien incorporated the staff report and exhibits into the record and closed the public hearing. Mr. Seymour moved; Mr. Smith seconded: THAT FOR CASE #9-99, JOHN AND CYNTHIA KEBBA, 4664 SOUTH MARIPOSA DRIVE, BE GRANTED A VARIANCE FROM SECTION 16-4-2:M (1) (f), MAXIMUM TOTAL FLOOR AREA, TO EXCEED THE COMBINED MAXIMUM TOTAL GARAGE AND CARPORT FLOOR AREA BY 390 SQUARE FEET. Mr. Smith stated that the lot is going to be covered at approximately 14 percent and 40 percent is allowed. Further it is an oversized lot, and it will not be seen except from behind. Based on the "pros" in the staff report, Mr. Smith stated he believed the variance should be granted. With no further discussion, the secretary polled the members' votes. Mr. Smith stated he voted "yes." It is an oversized lot, approximately 19,000 square feet, which is double the "normal" lot within the R1A zone district. The lot coverage will not exceed 14 percent, compared to the allowable 40 percent. It will allow the applicants to add an amenity which will upgrade the community and destroy or remodel a structure that does not currently enhance the neighborhood. It is located behind the principal structure and will not affect the adjacent property which is already developed. It will not impact or impair the use or development of the adjacent property for the same reasons. It is the least modification necessary to grant the applicant relief. He needs a large building for the vehicles, and it also relieves off-street parking which is beneficial to the neighborhood . 3 Mr. Rasby, Mr. Seymour, Ms. Davidson, Ms. Carlston, and Vice Chair O'Brien stated • they 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. Ill. APPROVAL OF MINUTES. Vice Chair O'Brien asked for consideration of the Minutes from the July 14, 1999 public hearing. Mr. Smith moved, Mr. Seymour seconded: THE MINUTES OF JULY 14, 1999 BE APPROVED AS WRITIEN. AYES: NAYS: ABSTAIN: ABSENT: Carlston, Davidson, O'Brien, Rasby, Seymour and Smith None None Bode The motion carried. The Vice Chair announced the motion approved. IV. FINDINGS OF FACT Mr. Seymour moved; Mr. Smith seconded: THAT THE FINDINGS OF FACT IN CASE # 8-99, GARY L. AND JUDY D. GRAHAM, 3207 WEST PIMLICO DRIVE, BE APPROVED AS WRITIEN. AYES: NAYS: ABSTAIN: ABSENT: Carlston, Davidson, O'Brien, Rasby, Seymour, and Smith None. None. Bode The motion carried. The Vice Chair announced the motion approved. V. STAFF ADVISOR'S CHOICE Ms. Langon reminded the Board of Tent Talk on August 23, 1999 at Cushing Park. It will be an ice cream social and City Council has requested that Board and Commission members attend. Further, there are two cases scheduled for the September meeting; one for reduction in lot size and another to permit parking within ten feet of the property line in the R-3 zone district. 4 • • • • Ms. Langon stated she would like to discuss the orientation for Ms. Carlston as well as a training session for the full Board. She asked for the Board's direction on the type of training they wanted and when they wanted the training held. Discussion ensued. Mr. Smith stated he would like to see at least a two-hour training on an evening when there are no scheduled cases; however, if cases are scheduled, a Saturday would work. Mr. Seymour stated he would prefer "inside" training rather than attending an "outside" seminar. The Board directed staff to schedule an orientation with Ms. Carlston and to develop a draft agenda for the training session for the Board's review and comment. The Board expressed an interest in a "refresher" course on the Zoning Ordinance, difference between variances and appeals, ethics, parliamentary procedure, as well as scheduling various City departments to speak on the topics --City Attorney's office, Building and Safety, Zoning, etc. VI. CITY ATTORNEY'S CHOICE Ms. Reid stated she had nothing further. VII. BOARD MEMBER'S CHOICE Mr. Smith asked if the Board had read the July 6 Minutes for City Council. The other Board members stated they had not. Mr. Smith stated that according to the Minutes the City gave 165 acres of property located in Highlands Ranch, south of County Line Road, to the Englewood McClellan Reservoir Foundation. Mr. Smith inquired as to why the property was not sold, but rather given away. Discussion ensued. Mr. Smith stated that he would not be in attendance at the September meeting. There was no further business brought before the Board. The meeting was declared adjourned at 8:05 p.m. : --4 7. ·-~-I ,,/. -~(/ l ( /l / l/-/..JL .bfJ-r_/ Nartcy Fer)'ion, Recording Secretary 5