Loading...
HomeMy WebLinkAbout1999-12-08 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS December 8, 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, Chair Bode presiding. Members present: Bode, Carlston, Davidson, O'Brien, Rasby, Seymour, and Smith Members absent: None Staff present: Nancy Reid, Assistant City Attorney Harold Stitt, Senior Planner Chair Bode stated that there were seven members present; therefore, five 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 III, 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. II. PUBLIC HEARING -CASE #14-99 Western Arapahoe County Homeless Alliance 3301 South Grant Street Chair Bode declared the Public Hearing open, stating he had proof of pub Pcation and posting. He stated the applicant is requesting a variance to reduce the minimum separation between a group living facility and a school from 750 feet to 200 feet. Chair Bode stated that staff wished to present a short explanation on the new Group Living Ordinance. Mr. Stitt, senior planner, was sworn in for testimony. Mr. Stitt stated he would like to briefly present information on the Ordinance from which the applicant is requesting a variance. On November 5, 1999, City Council adopted a Group Living Ordinance, which provides for the regulation of group living facilities, commonly known as group homes. The Ordinance was drafted by special counsel to provide for regulations of those facilities which was constitutionally sound and provided for protection of the 1 neighborhoods, as well as the residents of those facilities. The Ordinance became • effective on December 5, 1999. This variance is the first variance request on that Ordinance. Mr. Stitt explained that the Ordinance provides for three types of group living facilities and for the benefit of the Board, as well as the audience, would like to review the definitions. Mr. Stitt provided the -following: 1. Small group living facilities is defined in the Ordinance as a "residence for up to 8 unrelated individuals, none of which are receiving on-site medical or psychological treatment, but some or all of whom may be receiving on- site physical assistance with day-to-day living activities. Examples of small group living facilities include any of the following that meet this definition: • A non-profit group home for the aged or an owner-occupied group home for the aged, as defined in the Colorado Revised Statutes; • A state licensed personal care boarding home , as defined in the Colorado Revised Statutes; • A state-licensed community residential home for persons with developmental disabilities, as defined in the Colorado Revised Statutes; • A home providing independent residential support services for the developmental disabled, as defined in the Colorado Revised Statutes; • A state-licensed residential child care facility, as defined in the Colorado Revised Statutes; • A family care home, rooming or boarding house, as defined in the Colorado Revised Statutes." Mr. Stitt emphasized that small group living facilities is for 8 or fewer individuals. 2. A small treatment facility is defined in the Ordinance as "a residence for up to 8 unrelated individuals, some or all of whom are receiving on-site medical or psychological treatment. If any individual resident of a group living facility with up to 8 unrelated individuals receives on-site medical or psychological treatment, the entire facility shall be classified as a small treatment facility. Examples of small treatment facilities shall include any of the following that meet this definition: • A nursing home; 2 • • • • • 3. • A nursing facility, as defined in the Colorado Revised Statutes; • Institutions providing life care, as defined in the Colorado Revised Statutes; • A physical or mental rehabilitation home; • A state-licensed group home for the developmentally disabled, as defined in the Colorado State Statutes; or • A state-licensed group home for persons with mental illness, as defined in the Colorado Revised Statutes." The final type of facility is a large or special group living facility. It is defined as "any residence for more than 8 unrelated individuals, and any residence for up to 8 unrelated individuals that does not meet the definition of 'small treatment facility' or 'small group living facility.' If any individual resident of a group living facility does not meet the definition of 'small treatment facility resident' or 'small group living facility resident', the entire facility shall be classified as a large or special group facility. Examples of facilities include any of the following, but not limited to, that meet this definition: • A secure residential treatment center, as defined in the Colorado Statutes; • A shelter for homeless persons; • A dormitory; • A rooming or boarding house; • A fraternity or sorority house." Mr. Stitt testified that the variance request is for a large or group living facility in the R- 3 zone district. The 3 types of facilities are specifically in the Ordinance as to which zone districts they are permitted. The small group living facility are permitted as a use by right in all zone districts, except the industrial zone districts. The small treatment facility is permitted in the B-1 and B-2 zone districts as a use by right. It is a conditional use in the R-3 and R-4 zone districts. The large or special group facility is permitted in the B-1 and B-2 zone districts, and is a conditional use in the R-3 and R-4 zone districts. The current request is for a homeless shelter or a residential family resource center located less then 750 feet from a school. Part of the use requirements of the group 3 living facility ordinance require that any facility, whether permitted or conditional, must .- be no less than 750 feet from a state licensed child care facility for children or any elementary, middle or high school. Mr. Stitt re-emphasized that the current request is strictly to seek a variance for the reduction in the distance of 750 feet to 200 feet. Mr. Stitt asked if the Board had any questions. Ms. Davidson asked if there was a limit for the large or special group living facility. Mr. Stitt replied the limit would be based on the size of the facility and compliance with Building and Safety Codes. Mr. Smith asked Mr. Stitt to explain the process necessary to obtain a conditional use. Mr. Stitt explained that the conditional use process requires a review by staff and a public hearing before the Planning and Zoning Commission. In this case, as well as any conditional use, the Planning and Zoning Commission renders the final decision. Mr. Smith asked if their decision was appealable to City Council. Mr. Stitt stated it was not; it would be appealable to district court. Ms. O'Brien asked why the conditional use was not sought before seeking the variance since the variance runs with the land. Mr. Stitt replied that if the variance isn't granted, the conditional use would be null. Tina Podolak, Director of Sheridan Family Resource Center, 4002 S. Lowell Boulevard, was sworn in for testimony. Ms. Podolak testified she would like to present a perspective as to why the variance is being sought. She stated that two years ago agencies throughout Littleton, Sheridan, and Englewood came together and formed the Western Arapahoe County Homeless Alliance. This was done because a large number of students and families were struggling with housing issues --affordable housing, Section 8 housing, and were becoming homeless or were at risk of homeless. She explained that "at risk of homeless" means families living in motels. A large number of families are currently living in motels along the South Santa Fe and South Broadway corridors. These families are living in these motels on a week to week basis. A number of families have doubled up living in single family mobile homes because the rent can be shared. Also, a number of families are being evicted from apartments due to rents being raised; they must then produce first and last months' rent for a new apartment and are unable to do so. She further testified that there are families that have suffered a crisis, such as losing a job, illness, fire, etc., and who do not have the available funds to move into another house immediately. The applicant stated that the concern is for the children who need stability in order to succeed in school. Because the children are moving, they miss days at school and, as a result, lag behind educationally. The Alliance has spent the last two years trying to address this issue. A temporary housing shelter was set up at Fort Logan Mental Health Center; it was a winter only shelter and only open in the evening for families. Ms . 4 • • • • • Podolak continued; it was not the best approach for the families in Western Arapahoe County. The Alliance wants to offer more case management and job skills. The Alliance has spent the last 2 years looking for a site that would enable them to accommodate families. Ms. Podolak emphasized the facility is not a treatment center. It is a residential family living center for families that are in crisis for a short period of time. Families would stay a minimum of three months and would sign a contract agreeing to the rules and authorizing case management. The center would link with existing community resources, such as Social Services, Arapahoe Mental Health, school district, police department, and non-profit organizations within the County. Ms. Podolak continued; currently families in need of immediate shelter are forced to downtown Denver where shelter is provided on a night to night and first in line basis. Numerous sites were looked at in Arapahoe County. Arapahoe House, which is currently a detox center on the weekends, fits the best. It is an old convent with 15 individual family living quarters on the top floor. The first floor has living space in which nursery and child care could be provided. Sk ill training and GED could also be provided through Arapahoe Douglas Works. The center plans to work with Inter Faith Task Force on "Ladder to Success" programs. Ms. Podolak stated the center is for families, not individuals. The families must be referred through an agency; it is not a "drop in" style center. The center is planned to be a very intensive, wrap around, comprehensive service for families. It is the goal that within three months, the families could move into transitional or affordable housing. The facility is small; 15 bedrooms. It would have a maximum of 40-45 individuals in the facility. The program would be very structured and would have 24-hour staff to ensure the safety of the residents and the community. Ms. Podolak submitted letters of support to the Board for their consideration. She further testified that it was a grass roots effort by agencies working in Englewood, Sheridan, and Littleton joining forces due to families experiencing housing crises. These cities have no place to refer those families; no such center, as the one proposed, exists in Arapahoe County. Ms. Podolak testified that a neighborhood meeting was held on December 6 and the goals and purposes of the program were discussed. She invited members of the community to sit on a task force so could ha ve a forum to raise their concerns and issues on a regular basis, possibly monthly. One of the community issues is that the facility was a detox center. The neighbors were very unhappy with a lot of activity revolving around the detox center. The detox center is currently seeing very few people on Friday and Saturday nights. The people are triaged out to other facilities, the services at the detox center have been reduced. Ms. Podolak re-emphasized that her proposal is not a treatment center or a "drop in" style center . 5 Mr. Seymour asked for staffing numbers and qualifications. Ms. Podolak responded that .- the staff would consist of counselors and social workers with MSW degrees and would be on site 24 hours. The Agency resources listed in the Board's packet will also be available. She continued that the minimum staff would be 6-8 minimum, and that the staffing details have not been defined because they have been handling one hurdle at a time. Mr. Seymour asked for the ages of the children. Ms. Podolak responded the children would be 0-18 years OTd: Most of the families that went to the Fort Logan facility had children under the age of 10. It was rare that you saw families with older children. Ms. Podolak explained that the Fort Logan facility was different because those families came from downtown Denver. If families were placed at Fort Logan, they first had to go to the Samaritan House, wait in a line, and hopefully be referred back to Fort Logan. The Alliance wants to alleviate that "back and forth" system. A lot of the families have established relationships in our communities; they are just in a crisis for various reasons. The center would have a no tolerance policy concerning drug and alcohol issues, as well as abuse. They would be asked to leave if the conditions were not met. She continued that she has been working with the police to obtain their cooperation if issues should arise either by the community or by staff. Ms. Podolak further testified tha t t he community has been clear in their concerns --no loitering around the building; don 't want to attract transients to the area; and noise. The Alliance wants to be responsive to the community's concerns to ensure that their property values are not negatively affected, and that the community embraces the concept. • Mr. Seymour asked if the Fort Logan operation would be scaled back. Ms. Podolak stated that the Fort Logan facility is closed; it will not reopen this winter. What she learned from the Fort Logan facility was they were not able to control the referrals because they were being processed through the downtown network. Her goal is to provide their families with services in Arapahoe County. Ms. Davidson stated she had concerns regarding funding. According to what was submitted to the Board, an advisory board of WACHA is responsible for exploring creative and unique ways to address facility, program, and staffing needs. Ms. Davidson state that her concern is the Alliance will not have the funding for the staff. Ms. Podolak stated that if that is the case, there will be no program. Currently, there is a funding proposal before Behavioral Health Care, Inc. which is Aurora, Adams and Arapahoe Counties' mental health organization. She is looking at submitting a proposal to Rose Foundation for funding up to three years. It was difficult to ask for funding if a facility wasn't available. The package is not complete; the facility is needed in order to ask for the funding. Two program meetings have been held at the Englewood Housing Authority with every agency that works with homeless families in a residential setting. These agencies have been asked to help design the best model for Arapahoe County. They are still in the process of trying to design that model and identifying the needs. Ms. Davidson asked if it were possible they might have a problem funding staff. Ms. • 6 • • • Podolak responded that if they have the facility and still cannot raise the funds, then the program will not exist in that building. She continued by stating they were able to raise the funding for the Fort Logan shelter and believes they will be able to raise the money for this program as well. Most people on the committee raise grant money for their programs. Ms. Davidson continued that another concern she had was a safety issue. She asked if it were possible that families with abuse issues would be staying at the facility. Ms. Podolak responded that any families with current abuse issues would not be allowed to stay at the facility. If there have been previous abuse issues and the families have overcome those issues, then those families would be considered eligible. If there is a current abuse, any type of legal violation, or a child welfare issue pending, they would not be able to enter the program. If any violence occurs in the program, they will be asked to leave immediately. Mr. Rasby asked how the Alliance would screen the families. Ms. Podolak stated that background checks by the police department and other agencies will be made on all families seeking admittance. She explained that the families are referred by other agencies. Mr. Rasby asked if there was going to be enough time to complete the background checks. Mr. Podolak stated she didn't know how long it would take to complete the background check, but no one would be accepted into the program until it was complete. The Alliance's goal is to work very closely with the police department and Social Services. Ms. Davidson asked if domestic violence cases would be referred. Ms. Podolak clarified that the facility is not a battered women's shelter, but that it was a possibility that a person in a domestic violence situation needing immediate housing could be referred. She re-emphasized that the Alliance is currently working with families and is struggling to place these families in affordable housing. They have been unable to place families due to the scarcity of affordable housing. The families seeking assistance live in our community. Ms. O'Brien asked if the families would be referred from Sheridan, Englewood, and Littleton, exclusively. Ms. Podolak stated not exclusively, but the majority of families would be from those areas. The families, however, would be exclusively from Arapahoe County. Ms. O'Brien asked why the Fort Logan facility would not open this year. Ms. Podolak explained that the focus and energy was shifted to getting the current program and facility running. The Fort Logan facility did not have local control on how families came into the program, because they had to go through the Colorado Coalition for the Homeless. She wanted local control and local input. Ms. O'Brien clarified that the objective was to provide stability for children. Ms. Podolak stated that was correct. Ms. O'Brien stated her concern was understanding that the best site available in Western Arapahoe County is above a detox center. Even if the people are triaged out, 7 they are still intoxicated people. Ms. O'Brien asked how that adds to the stability of children. Ms. Podolak admitted that it wasn't the best environment, but Arapahoe House is very minimally used. Ms. O'Brien countered that it wasn't always minimally used and it is possible that usage will increase. Regardless, it is still used on the weekends. Ms. Podolak explained that the building is separated. There are no entrances to or from either program operation; they are separate. She believes the children would be in a more stable environment than in a car along the South Platte or a motel along South Santa Fe where there is no structured supervision and no structure intervention which would move these families in a different direction. While it may not be the best, it is the best facility available to the Alliance. Ms. O'Brien stated that the reality is no neighborhood tends to want a group home. Ms. O'Brien asked clarification on the parking issue. Ms. Podolak stated that a condition for the conditional use hearing at the January Planning and Zoning Commission is 15 guaranteed parking spaces. She has spoken with the church, and they do not have the spaces available. The owners of Coldwell Bankers are considering a one year lease to the Alliance. Mr. Smith asked for clarification on the Planning and Zoning meeting date. Mr. Stitt stated the next hearing date is January 4, 2000. Ms. O'Brien asked how Ms. Podolak would exert more control over this facility than was exerted at the Fort Logan facility. Ms. Podolak responded referrals would come through local agencies only. Families would not be sent down to the Colorado Coalition for -• Homeless. Case managers at the local agencies would follow the families, along with • case managers at the center. Ms. O'Brien asked what provisions would be made to require residents to leave if rules are not kept. Ms. Podolak stated that residents would be required to sign a contract upon entering the center which covers behavioral expectations regarding alcohol, drugs, violence, noise, loitering, and overall inappropriate behavior. If a violation occurs, they would be asked to leave. Ms. Podolak again stressed the importance of a neighborhood task force to communicate their concerns to the center. Ms. Podolak wishes to address those concerns as they arise, and desires the neighborhood's regular input. Without the community, the program will not be successful. She recognized that it was difficult for the community to embrace the center due to their difficult experience with Arapahoe House. Ms. O'Brien asked if there was a plan to close the detox since it was only being used on the weekends. Ms. Podolak stated that she could not speak for Arapahoe House, but there is an ongoing study in Arapahoe County by the municipal police department to assess the services offered by Arapahoe House, the needs of the County, and other options. Ms. O'Brien asked what her understanding was of the rationale behind the 750 foot separation between a large group home and a school. Ms. Podolak responded that she isn't in that business so it is difficult for her to know why the separation was written into the Ordinance. She stated she assumes it is due to situations within Englewood surrounding group homes that raised neighbors' concerns, therefore, City Council raised the separation distance. Ms. O'Brien asked if Ms. Podolak could envision any • 8 • • • concerns caused if the center was in existence and only 250 feet from the school. Ms . Podolak stated she has met with the school and knows they have concerns regarding the distance. She also understands that the school is concerned about children living above a detox center. Ms. Podolak stated that she is trying to address the school's concerns to the best of her ability. She stressed that the center is not a group home, rather it is about families. rf.9P.efully, the families will respect not only the other residents within the facility, but the neighbors who are families as well. She re- emphasized that the focus is the children, and she hopes that, in time, the school will embrace the opportunities for their students to understand what families go through at times and the need for this type of facility. The school has expressed concern to her about their ability to recruit new students and transients being attracted to the area. Again, she is trying to address those issues in a positive way. Ms. O'Brien asked if Ms. Podolak would be personally involved in the facility. Ms. Podolak stated she would be on the advisory board. Ms. O'Brien asked if she would have day-to-day responsibilities at the resource center. Ms. Podolak responded that the members of the Western Arapahoe County Alliance have put their reputations on the line. There is no question; she will be checking regularly with the neighbors, how the program is running, and whether the center is successful. If within a year it is found that the center is not successful, she would not want to continue the program. If within a year the center is successful, she would like to talk the detox center into moving out of the building and the center occupying the entire building. Ms. O'Brien stated that a variance runs with the land, not a specific owner. Mr. Smith stated he didn't believe that was true and suggested legal research on the matter. Chair Bode stated there were five people signed in to speak in favor of the variance. He reminded the audience that the Board has five criteria to meet in order to grant a variance. He stated the Board wishes their input, but would not like to have redundant testimony. Molly Markert, 10190 Montview Boulevard, was sworn in for testimony. She stated she works for Metro Community Provider Network, which is the healthcare clinic for families who take advantage of low income and no income healthcare. These are families that are classified as "uninsured", "underinsured", and "working poor." She stated she was before the Board on behalf of the Englewood clinic and understood that the Board didn't need to rehear things which were not pertinent to their discussion. She stated she was available for questions and that she has been involved with the Alliance for two years. On behalf of the clinic, their issues are the healthcare of the children and the families. She testified that her organization has pledged to provide prenatal care, immunizations, and proper health is available to the families within the center. She stated that she would personally remain involved with the program as well. Juanita Oppegard, 2405 S. Dahlia Lane, was sworn in for testimony. She stated she is a resident of Arapahoe County and worked for the Englewood district a number of years 9 ago. She has been with the Sheridan district for approximately 25 years. In speaking to the issue of the detox center, Ms. Oppegard stated she works in an elementary • school directly across from two bars and from the children's unit of Fort Logan Hospital. She stated the only problems that have arisen concern parking between the school and the bar and the occasional child from the children's unit in one of the school buildings. Those issues have been easily worked out. She stated she doesn't believe that the detox center is a major problem":" - Marty Gilbert, 2795 S. Acoma St., was sworn in for testimony. She stated she has been an Englewood resident for over 40 years and has been associated with these issues throughout her work life. She has been involved with civic organizations and works with Arapahoe County Services. She stated she has seen a lot of programs and a lot of efforts to help families in crisis. She further stated that a lot of people have a certain image and a face to put on "family in crisis", but it has always been her experience that they have been our neighbors and family members. She stated that the center would be an opportunity to pull the community together and prove a different way rather than a "Band-Aid" effort for helping families in crisis. She believes the center would provide the stability needed and will keep the families out of the court system and off welfare. She reiterated that she is in support of the variance request and asked the Board to give the center a chance. Tammy Mulligan, 3370 S. Irving Street, was sworn in for testimony. She stated she is the program director for Inter-Faith Task Force, and has worked for the organization for • two years. Inter-Faith deals with the families in crisis --the working poor, folks no one else wants to deal with --every day. These families are a part of our community, and they need more help than Inter-Faith can provide. She continued; Inter-Faith does the best for the communities they serve, but it has fallen short. When they are faced with a family that is facing homelessness, they do not have an answer for them. There is no solutions in the community. She testified that telling a family to go downtown to stay in a shelter, and hope that they can get into a shelter, doesn't speak very well for our community. Inter-Faith operates two transitional housing programs. Two year programs with intensive case management and rent subsidies that help families become self-sufficient. Before taking a family into a transitional housing program, they cannot be in immediate crisis. When families are in immediate crisis, they will tell you anything; they need some place to stay. A transitional housing program is not a good first step for those families; they need a place, such as a family resource center, where they can stabilize before they willingly sign another contract authorizing a case manager to be involved in their life for two years. She further stated that Inter-Faith wants to take families from Western Arapahoe County into the transitional housing program, but there is no place to "take them from." The shelters are downtown; the Colorado Coalition for the Homeless, which they work with, is downtown. Denver has a much larger population and a much greater need; therefore, our families get pushed to the side and are place in motels which is not a stable environment. They are also in cars on the South Platte River. Inter-Faith supports the idea of a family resource center • 10 • • • where families would have the time to stabilize before they entered the transitional housing program. She believes that at the end of two and a half years, the families would be successful. Mr. Smith stated that the program is needed, but the only issue before the Board is 750 feet versus 200 feet. Mr. SmitQ.a?ked if she had testimony to address that issue. Ms. Mulligan stated the Alliance has worked to find a place which is suitable for families. Mr. Smith asked her why the Board should allow the center within 200 feet of the school rather than forcing it 750 feet away. Ms. Mulligan responded that she didn't see how being 750 feet away from the school would make much of a difference. Bonnie DeHart, 2575 S. Raleigh, was sworn in for testimony. She testified that she works with Arapahoe County Social Services and is the agency's representative to the Western Arapahoe Homeless Alliance. She stated that the Alliance consists of approximately 30 organizations with expertise in mental health, social services, child welfare, and homeless shelters. She further stated that they are trying to design someth ing that currently doesn't exist for families already in the community. The goal is to keep the children in school rece iving their education rather than shifting from one school to another. Ms. DeHart stated the Alliance is doing everything possible to address the community's concerns. She stated she agreed with Ms. Mulligan that the difference between 750 feet and 200 feet is minimal. If problems arise, they will arise whether the shelter is at 750 feet or 200 feet from the school. From the agency's point of view, she stated they keep seeing families that need housing and the answer is to put them in a motel for a week. Something more is needed and that is what is being designed. Regarding the Fort Logan facility, Ms. DeHart testified that it was a nighttime shelter only and doesn't compare to the proposed center. She stated that the Alliance is designing a center that is stable rather than transient. In terms of the separation between the two floors of the facility, Ms. DeHart stated that the Alliance is proposing to rehab the building and installing safety doors between the detox center and the upper levels of the building. Dudley Pitchford, 1200 E. Dartmouth Avenue, was sworn in for testimony. He testified that he has been an Englewood resident for 55 years, and believes City Council did a remarkable job on passing the Group Living Facility Ordinance. It is one that has been badly needed and should be enforced. He stated that those testifying in favor and in opposition agree that the program is a good program, but there are too many unanswered questions. He doesn't believe the variance should be granted. He continued; the 750 foot distance was written into the Ordinance after a lot of research and study on the part of Council. He believes the Board should think through the matter very carefully before granting a variance. Mr. Smith asked if he would support the center if it were 800 feet away from St. Louis School. Mr. Pitchford stated he still wouldn't support it. 11 Roy Troxell, 4330 South Clarkson Street, was sworn in for testimony. Mr. Troxell stated he was supportive of helping, but he doesn't like the situation. It is too close to the • school and there is insufficient parking. Mr. Troxell stated he is against the variance. Mr. Smith asked if he would support it anywhere in the R-3 zone district. Mr. Troxell responded that he would support the current request if there was sufficient parking and a place for the children to play. Mr. Smith stated that the parking issue will need to be addressed under the conditionaTlfse process. Mr. Smith asked if he would support the center if it were 800 feet from St. Louis School. Mr. Troxell stated that he supports enforcing the Ordinance as it is written. Lucille Troxell, 4330 S. Clarkson Street, was sworn in for testimony. She stated she has lived in Englewood for approximately 50 years. Regarding the Ordinance, she testified that it should be enforced. There is insufficient parking for the use, and there is no place for the children to play. She stated that the children would be using the school's playground. There is a parking conflict because all the street parking will be taken up if the variance is granted. The church and school will not be able to use the parking. She reiterated that she is strictly against having the center that close to the school. If the facility had a large playground and a parking facility, and if the detox center were not in the same building, she might be in favor of the center. Mr. Smith asked if she would support the center if it were not in Englewood. Ms. Troxell responded that it could be in Englewood, but not at this location. Mr. Smith asked if she knew of any site within Englewood where the center could be housed. Ms. Troxell stated that she did not. Pattie Hagen, 3301 S. Sherman Street, was sworn in for testimony. Ms. Hagen stated she has worked at St. Louis School for 10 years. When Arapahoe House was active, the school's enrollment dropped to 120 to 130 students. The school has one class for each grade level which covers K-8. Since Arapahoe House started operating only on weekends, the school's enrollment has increased to 170 students; but it has been a very slow process. When families look at the school, first impressions are very important. They drive around the school and look at the surrounding area. Ms. Hagen continued; parents and families have expressed concern about Arapahoe House, but the school has eased their concern by communicating to them that Arapahoe House only operates on the weekend, when students are not in school. They would not be able to continue communicating that message if the resource center were allowed to locate in that building. She further testified that the intention is that it be a family resource center, but the perception will still be that it is a homeless shelter. When potential families look at the school, they maybe spend an hour, which is not enough time to change their perception of what their children will be exposed to and what is located next to the school. She believes that "word on the street" will be that there is a warm place available. Again, she understands that the intention is not for people to be able to come to the door and ask for a room for the night, and it is to be geared towards families; however, she is concerned that people will come; transients will be in the area. When Arapahoe House was operating on a full-time basis, a number of transients would sleep in the tunnels on the school's playground. She continued; it is very disheartening 12 • • • • • and disconcerting for kindergartners to arrive at school and see people sleeping on their play equipment. She expressed concern over the older students; many of them realize they are receiving a privilege in attending a Catholic school. She questioned whether they were mature enough to process the fact that there are families in crisis so close to the school. If these families use public transportation, RTD, they will be walking pass the school, and the school does not have a full time counselor to help the students process this so they are comfortable dealing with the pr: ileges and luxuries they have in contrast to what the children at the center may be enduring. She expressed concern over the children staying at the center because there is no play area. St. Louis runs an after school program until 6 p.m. Currently, the school has had to ask other people in the neighborhood to leave so that the students can be out playing in a safe, supervised environment. On the weekends, there are games and masses; there is a great deal of traffic. A lot of the area is black topped that the children play on. She would hate for something to happen that the children are accidentally hit by a car because no one expects them to be at that location. Ms. Hagen stated that another concern was 40-45 people occupying 15 rooms, which is an average of 3 people to a room. She stated she believed that most of the time convents housed the nuns' bedrooms, which were very small. She questioned whether the rooms could accommodate 3 people to a room. She stated those were her concerns, and the concerns of the school's parents and families. Mr. Smith asked what her position was with the school. Ms. Hagen responded that she is the principal of St. Louis. Mr. Smith asked if her testimony was the official position of the parish. Ms. Hagen responded that it was; the priest is currently out of the country and he is also opposed to the variance. Ms. O'Brien asked how she would feel if the proposed facility were 800 feet from the school. Ms. Hagen stated if the facility where further away from the school so the school could have more control over when the students were exposed to the shelter and its families, she would like to work hand-in-hand with the center and perhaps some of the student could work with the families. Currently, the school does a great deal with Inter-Faith and is involved in their Christmas outreach programs. It is something the school wishes to do as far as community service, but she believes the proximity of the shelter would be a detriment to both parties. Ms. O'Brien asked her to clarify her answer as to whether she would support the center if it were 800 feet from the school. Ms. Hagen stated she would support it. Mr. Smith stated that the Alliance has offered to work with the school and asked if she believes they could satisfy her concerns. Ms. Hagen stated she didn't believe they can. Ms. Davidson asked what the school's enrollment was prior to the opening of Arapahoe House. Ms. Hagen stated she didn't have those figures; she has only been at the school for 10 years. Ms. Davidson asked if she had a percentage that enrollment dropped. Ms. Hagen responded that at one time in the 1960's the school was much 13 larger and was using the convent, but she is not certain of the decrease percentage. • She stated that the school did drop to 120 students, which was the lowest enrollment and had classes with only 9 students. Mr. Seymour stated that she was saying the center would be bad for business. Ms. Hagen stated that to some degree it would be. Mr. Seymour asked if the center would impact the school if it were 5~ff feet farther east. She stated that when prospective parents come in from out of town and look at the area they want to see a safe and secure environment in which they feel comfortable placing their children. It did a great deal to increase the school's enrollment when the medical center and new homes were built. Those types of uses have improved the first impressions parents receive. The proposed facility is directly behind the church; students go to the church on a weekly basis for mass. There is a lot more concern because of the proximity. Mr. Seymour stated that 550 feet would be less than a block in either direction. Ms. Hagen stated she fully understood, but because it is directly behind the church, which the students are in on a frequent basis, that it is more of a concern. Ms. Hagen stated that the school works well with Simon Center, Orchard Place, and a number of other places within the community. The school does outreach programs, and the students are involved with the seniors in the community. Mr. Seymour asked why the school couldn't work well with the Alliance. Ms. Hagen stated that hopefully they could work well with the center, but her concern is the perception of prospective parents, and once again, how the older students would deal with those major contrasts between their lives and the other children's lives. She doesn't know if they have the tools, the • maturity, and the skills to deal with the differences. Further, the school doesn't have a counselor on staff to help them process and work through those issues. Mr. Smith asked if it wasn't the school's job to teach the children how to process such information. Mr. Smith asked if the students at St. Louis are taught there are poor people in the community. Ms. Hagen stated that the children have the luxury of attending a Catholic school over public schools. She believes that the discrepancies between their lifestyle and the other children's would be hard for them to deal with when they are exposed to it on a constant basis. She stated the school does outreach and community service, but she believes in the current situation, the students would need to be working hand in hand with someone so they don't feel guilt or responsibility. Mr. Smith asked if all the children in St. Louis were middle class. Ms. Hagen responded that they were not. Mr. Smith clarified that there were children attending St. Louis that are not as "well off' as other students in the school. He asked if the children dealt with that difference alright. Ms. Hagen stated uniforms are required so there is a sense of equality. Austin Gomes, 3170 S. Humboldt Street, was sworn in for testimony. He testified that he is a member of the St. Louis finance committee and parish council. He stated that he is opposed to the variance due to fire safety. There will be 40 people, including children, on one floor which he believes will make it very difficult to evacuate during a • 14 • fire. Also, the detox center will still be in the basement only on weekends. There is no place for the children to play other than the sidewalk, street, or the school playground. The people in the detox center "hang out" by the entrance of the building on the patio. The children will be in contact with those individuals and it isn't a healthy situation. Mr. Smith asked how his issue~ vyere relevant to the building being 200 or 750 feet from the school. Mr. Gomes stated that when City Council passed the Ordinance with 750 feet they had the community in mind. Mr. Smith asked how he could know what City Council had in mind. Mr. Gomes responded that there have been problems in other municipalities and counties with buildings that accommodate a massive set of people. Mr. Smith countered that those problems would exist whether the building was 750 feet or 200 feet away from the school. Mr. Gomes stated that he believes City Council took those issues into consideration when they set the 750 foot separation, and does not believe a variance should be granted. Mr. Gomes reiterated that there is no place for the children to play; they will be over in the school parking lot and playground. There are no parks in the area, and if the children get hurt while on the school's property, the school will be held liable. Chair Bode stated that an additional five people wished to speak in opposition. Chair Bode re-emphasized the importance of testifying only if something additional can be added to previous testimony. • A short recess of the Board was declared by the Chair. • The meeting reconvened; all Board members were present. Richard Walsh, 3210 S. Logan Street, was sworn in for testimony. He testified that he attended the informational meeting, and the Alliance misrepresented themselves. The questioned was posed at that meeting as to the school's position. He stated that is was conveyed that the school had some concerns, but they were working with the school. He testified that he called St. Louis and was informed that they are "dead set" against the variance. He stated he didn't appreciate people coming into his neighborhood and misrepresenting the facts. Mr. Walsh stated he wished to give the Board a different perspective, one as a parent. He stated he is looking at St. Louis as a school to send his children. He has two daughters, ages 1 and 3. He continued by stating that his is uncomfortable walking by the detox center on his way to church. Mr. Walsh further stated that the Alliance is proposing 45 residents in a building that was intended to house 15. He expressed concern over the children "cruising" his neighborhood. Further, his daughters will need to walk through potential "bullies" on their way to school. He stated that 200 feet would put the center a block away from the school; Arapahoe House is on Grant and St. Louis School is on Sherman. Eight hundred feet would place the center on Pearl Street. While he realizes it is selfish, the 800 feet would protect him on Logan Street. He also stated that he would not support the center anywhere within the City. 15 William Jeffers, Jr., 3770 S. Galapago Street, was sworn in for testimony. He stated he • doesn't reside near the school, but his children have attended the school. He stated he is not opposed to placing homeless people in some kind of shelter; he even sends money to Samaritan House and the Denver Rescue Mission. He stated he is involved with the St. Vincent House, whig, Js owned by St. Louis. It provides housing for people who are in trauma from having their children at one of the local hospitals. St. Vincent works with the social services staff at the hospitals who recommend people to stay at the facility, and it is free of charge. Mr. Jeffers stated that they are not permitted to allow anyone to stay at the facility for more than 30 days without violating state laws. Mr. Jeffers stated he didn't understand why the request was before the Board because the Alliance doesn't have funding in place and they don't have a good plan for their program. Jess Girardi, 762 E. Amherst Place, was sworn in for testimony. He stated he has been an Englewood resident since 1963. He stated that in his 30 years with the Englewood public schools, he worked with a lot of the people the Alliance has referred to. He was chairman of the Inter-Agency Group for 3 years and worked very closely with these kinds of people in terms of the school district. There are problems with the direction of where the families come from and where they will go. These children must be accepted into the public schools, but if they are not in school during the state count, they would not be counted toward the school's funding. He further stated he is very much in favor of what the Alliance is trying to accomplish. There is a tremendous interest in helping • homeless people, but he stated he is a strong advocate for doing things right. He firmly believes that the current situation is not being done right by simply taking a facility and trying to make it work for something that it was not originally intended for. He would like to see the City of Englewood, City Council, and other members of the community become involved and build the type of facility to meet the needs of the people using it. The proposed center is not big enough. In terms of feet from the school, he stated he didn't care if it was 2,000 feet or 200 feet. If it is not the right situation, it doesn't matter what school is close by. These types of units should not be placed because of convenience. His question is why City Council established the 750 foot separation, and the research on that question should be very important to the Board's decision. If the Board chooses to usurp the City Council's Ordinance by granting the variance, he expects the Board to thoroughly research the situation. He stated that if the facility were located anywhere else in Englewood, he would still believe it is not the right type of facility. He would certainly support a facility of this type anywhere within the City limits if it was done correctly. He doesn't believe the proposed center is "right." Chair Bode asked the applicant if she wished to make a rebuttal statement. Ms. Podolak stated she would. Chair Bode reminded her that she was still under oath. Ms. Podolak stated she recognizes that the parking issue will need to be addressed. She stated the Alliance must guarantee 15 off-street parking spaces. That issue will be • 16 • • • addressed at the Planning and Zoning Commission meeting. Ms. Podolak stated she also wished to address the concerns raised regarding the children and their activities. She stated that in working with the schools, the goal is to keep the children in before and after school programs until 6 p.m., and there is funding to accomplish that goal. Ms. Podolak stated that arrangement will not solve the weekend problems and that children may want to be playlng with other children on the playground. That is something she cannot stop, but she can certainly structure their time by working with recreation centers. She has partnered with South Suburban to enable the families to have passes to the recreation centers. She stated she wanted the Board to understand that if these problems arise, she wishes to address them in a positive way so the pressure is not put on the school or the church. She stated the issue of fire safety was raised and in response, she stated that the building has been inspected by Englewood. If 45 people are too many, the number will be reduced. Safety issues in the building will be addressed, and that was what the building inspector worked with them on. Most of the parents, hopefully, will be working. That is the goal of the program --parents will be working and providing for their families. She stated the biggest concern she had is that there is no guarantee that Arapahoe House won't expand their services to full time treatment. All of the issues will still exist. The issues are the same; the intent is whether this is a positive opportunity for the community to work together. Mr. Seymour asked what the fire exiting situation would be that Mr. Gomes referred to in his testimony. Ms. Podolak stated that the fire sprinkler wiring needs to be rehabbed. There will be fire exit doors. Mr. Seymour asked if the building currently had sprinklers. Ms. Podolak stated that it is not; it has fire alarms. Ms. Podolak stated that if installation of sprinklers was required, they would be installed. She stated that her paperwork indicates that fire alarms shall be operable and tested. Further, emergency and exit lighting shall be tested and repaired. Ms. Davidson asked for the structure of the neighborhood task force. Ms. Podolak responded that she asked the community to form a task force which would meet monthly in the facility in order to see how the facility was managed. As their concerns arose, they would be addressed. If they weren't address ed to the neighbors' satisfaction, the Alliance would meet with the City to work around any Ordinances that have been violated, such as noise, loitering, inappropriate behavior at the school. She stated she would facilitate the monthly meeting, or more often if necessary, in the center. The meetings would be held at the convenience of the neighborhood; day or night. Mr. Stitt stated that Ms. Podolak mentioned that Arapahoe House could expand back into the facility and that is a true statement. The Group Living Ordinance grants Arapahoe House nonconforming status; they are essentially grandfathered and that grandfathering covers the entire structure . 17 Mr. Seymour asked what the rationale was behind the 750 feet separation. Mr. Stitt stated that the number was arrived at by a series of discussions with the Planning and • Zoning Commission and City Council. The concern expressed by both bodies was what would be an adequate distance. Some members of the Planning Commission who were in favor of a 500 foot limit; others were in favor of a 1,000 foot limit. The typical length of a block in Englewood is approximately 600 feet, and the compromise position that was reached was 750 feet, which-would create a spacing of at least 1 + block between facilities. They also must be 1,250 feet from any other type of group living facility. There are actually two distances, but in this case there are no other group living facility within that 1,250 foot distance. Generally, it was a compromise that was reached to satisfy those members of the Commission and the Council who were in favor of a greater distance, as well as accommodating those who felt a shorter distance would be appropriate. Mr. Smith asked what the 750 foot separation applied to. Mr. Stitt responded that it applies to state licensed child care facilities, elementary, middle, and high schools. Mr. Smith asked if there were any other distance regulations within the Ordinance. Mr. Stitt reiterated there is a 1,250 distance regulation between group living facilities. Ms. O'Brien asked if Arapahoe House is classified as a group living facility. Mr. Stitt stated it was. Ms. O'Brien asked why the 1,250 foot separation isn't applicable. Mr. Stitt responded that it was because it was the same facility. It was a discussion that was held with the staff; it is the same facility. Ms. O'Brien clarified that he is considering it the same facility even though it will be used for different purposes. Mr. Stitt stated that was correct. Mr. Smith asked why the center wouldn 't be grandfathered since Arapahoe House had been grandfathered. Mr. Stitt stated that that question was also discussed at the staff level, and it was decided that since it was under the new Ordinance, the Arapahoe House facility and its use was grandfathered in, but not the shelter. Ms. O'Brien expressed confusion --Mr. Stitt testified that it was the same unit and will not be distinguishing between purposes, and then testified that for the second purpose it will be treated as a separate facility. She asked if that seemed unusual. Mr. Stitt agreed that it did. Mr. Smith asked what, in addition to the parking, the Alliance needed to address before the Planning and Zoning Commission prior to a conditional use being granted. Mr. Stitt responded by citing Section 16-4-23-2: Use Regulations of the Group Living Facilities Ordinance. Mr. Stitt further stated that the Ordinance provides for reasonable accommodations as required by the Federal Fair Housing Act. Mr. Stitt cited Section 16- 4-23-3: Reasonable Accommodation from the Group Living Facilities Ordinance. 18 • • • • Ms. Davidson asked if she could recall the applicant. Ms. Davidson asked the applicant if the Alliance had looked for property in the B-1 and B-2 districts. Ms. Podolak responded that they looked throughout all of Arapahoe County, even as far out as Centennial Airport. They looked at vacant land, but did not have the funds to build a facility and something is needed now. The Alliance did look at the National Guard facility by Centennial Airport an£! i_t had all the facilities; however the location was too isolated. 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. Seymour moved; Mr. Smith seconded: THAT FOR CASE #14-99, 3301 SOUTH GRANT STREET, A VARIANCE BE GRANTED TO REDUCE THE MINIMUM SEPARATION BETWEEN A GROUP LIVING FACILITY AND A SCHOOL FROM 750 FEET TO 200 FEET. THIS IS A VARIANCE FROM SECTION 16-4-23-2:A.1, USE REGULATION. Mr. Smith stated that he had some concerns. First, Planning and Zoning Commission may not grant the conditional use. Secondly, the Ordinance is fairly new, and he isn't convinced that City Council did not consider the distance when approving the Ordinance. Third, the variance is not about whether it is a good or bad idea; it is about 200 feet versus 750 feet. Fourth, he stated he isn't convinced that a variance is actually needed since the existing building has been grandfathered. He stated he had two requests of the City Attorney before the Board voted. He asked the City Attorney for a legal opinion as to whether a variance is actually needed and secondly, whether the Board could grant a temporal variance for one year and then review the case at that time. He also asked if a variance could be granted to a current owner. Mr. Smith also suggested a joint meeting with the Planning Commission or in lieu of a joint meeting, the Board making their decision contingent upon the Planning Commission's decision. Discussion ensued. Ms. Reid stated she could currently address one of Mr. Smith's issues. She has recently done research on the matter, and has determined that the variance runs with the land. She admitted that the current case is unusual_ since variances usually cover setbacks, lot coverage, etc. Ms. Reid further stated that any group home facility wishing to locate in that building would be required to obtain a conditional use from the Planning Commission; however, if the Board grants the variance, it would not need to be requested again regardless of the type of group home. Also, in order for Arapahoe House to maintain its nonconforming status it cannot cease to operate for more than 3 months and the building cannot be destroyed more than 60% of its value. If that should happen, Arapahoe House would lose its nonconforming status and would need 19 to apply for a conditional use; however, if the variance is granted, it would not need to • request a distance variance. Discussion ensued. Ms. O'Brien stated she would Ii~ _a legal opinion as to whether a variance is needed. Assuming it is needed, she would also like the conditional use addressed before it is brought back to the Board. Mr. Stitt stated the next Planning Commission meeting is January 4, and the matter could be heard at that time, which is prior to the January board meeting. Ms. Reid stated she would do research Mr. Smith moved; Mr. Rasby seconded: THAT CASE #14-99, 3301 SOUTH GRANT STREET, BE CONTINUED UNTIL PLANNING AND ZONING COMMISSION RULES ON THE CONDITIONAL USE. Chair Bode stated that if the Planning Commission denies the conditional use, then the variance is a moot issue. If the Planning Commission grants the conditional use, the Board will continue to hear the case at the January 12 meeting. The Chair announced the motion as granted by a 6-0 vote. III. APPROVAL OF MINUTES. Chair Bode asked for consideration of the Minutes from the November 10, 1999 public hearing. Mr. Smith moved, Mr. Seymour seconded: THE MINUTES OF NOVEMBER 10, 1999 BE APPROVED AS WRITTEN. AYES: Bode, Carlston, Davidson, Rasby, Seymour, and Smith NAYS: None ABSTAIN: O'Brien ABSENT: None The motion carried. The Chair announced the motion approved. 20 • • • IV. FINDINGS OF FACT • • Mr. Seymour moved; Mr. Smith seconded: --THAT THE FINDINGS OF FACT IN CASE #13-99, 3154 SOUTH VINE COURT, BE APPROVED AS WRITTEN. AYES: NAYS: Bode, Carlston, Davidson, Rasby, Seymour, and Smith None ABSTAIN: O'Brien ABSENT: None The motion carried. The Chair announced the motion approved. V. STAFF ADVISOR'S CHOICE Mr. Stitt stated that the registration for the ICBO Conference, held in March, is February 22. He asked any board members interested in attending to please contact staff. He further stated that elections for Chair and Vice Chair will be held in February. Mr. Stitt also reminded Mr. Seymour and Mr. Smith that their terms expire February 1, 2000, and if they wished an application for reappointment to please contact staff. Finally, Mr. Stitt reminded the Board of the holiday dinner on December 16, 1999. Chair Bode expressed his appreciation for the holiday card sent by staff. VI. CITY ATTORNEY'S CHOICE Ms. Reid stated she researched the matter regarding confidentiality of contractor licensing. Her findings were that financial matters are confidential, but all other matters, such as complaints, jobs completed, etc. are not confidential. Mr. Smith asked why the Board received a copy of the "open meeting" policy. Ms. Reid responded that concerns had been expressed as to whether City Council was making decisions prior to the public hearing. The question was raised due to City Council's need to hold numerous executive sessions to discuss real estate matters, and then voting on items in the public hearing with no discussion. The policy was sent as a reminder to all boards and commissions that meetings are "open." 21 VII. BOARD MEMBER'S CHOICE Chair Bode asked if Mr. Smith and Mr. Seymour would be reapplying and if they wished letters of support from the Board. Both gentlemen responded that letter would be appreciated. There was no further business brought before the Board. The meeting was declared adjourned at 9:45 p.m. Nancy F nton, Recording Secretary 22 • • •