HomeMy WebLinkAbout2000-06-22 BAA MINUTES [INCOMPLETE]·'
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Excerpt from July 12/ 2000 minutes. Court reporter would not change transcript
following is to be incorporated as part of the official June 22 Minutes.
Nancy Fenton/ Recording Secretary to Board of Adjustment
Chair Bode asked for consideration of the Minutes from the May 10 and June 22, 2000
public hearings. Mr. Smith stated he had changes to the June 22 transcript.
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Mr. Smith moved,
Strike the word "apparent."
Should read "Mr. Brotzman took a seat in the audience."
Insert a period after the word "issue." Delete the word "so."
Should read" ... Following a public hearing,"
Delete the word "which." Should read "after it was closed.
the city attorney advised the"
Insert opening quotation marks before the word "has"
Insert closing quotation marks after the word "commission."
Delete "pertinent"
Insert a comma after "use"; change "and" to "it"
Change "nonconformity" to "nonconforming"
Should read "halfway house, which was prohibited. There
was no definition of halfway house in the Ordinance."
Insert a comma after "children"
Should read "because that's true, this facility did not fall"
Change "they" to "it"
Change "they are" to "it is"
Should read "A motion has been made and is before the
Board."
Delete paragraph format between lines 13 and 14. Should
be a continuation of the same paragraph.
Should read "know in the past, if they found somebody
crazy, they'd ship"
Insert quotation marks around the word "corrections."
Strike "General Board response." Insert "Board members
Carlston, Davidson, O'Brien, Smith and Chair Bode raised
their hands."
Strike "General Board response." Insert ''Board member
Seymour raised his hand. //
Should read "The applicant's appeal of the notice and order
by the City of Englewood is successful and the Order is null
and void per se."
• Mr. Seymour seconded:
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THE MINUTES OF MAY 10, 2000 BE APPROVED AS WRITTEN. THE MINUTES OF JUNE
22, 2000 BE APPROVED AS AMENDED.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bode, Carlston, O'Brien, Seymour, and Smith
None
Ras by
Davidson
The motion carried. The Chair announced the motion approved .
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CERTIFIED COPY
1 CITY OF ENGLEWOOD
2 BOARD OF ADJUSTMENT AND APPEALS
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4 TRANSCRIPT OF PROCEEDINGS
June 22, 2000
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Proceedings had on Thursday, June
22, 2000, at 1000 Englewood Parkway, Englewood,
Colorado, commencing at the hour of 7:35 p.m.,
before the following Board:
Don Seymour
Carla Davidson
Jill Carlston
William Bode
Dan Brotzman
Marcia O'Brien
John Smith
A P P E A R A N C E S
16 Applicant's attorney: David R. Fine, Esq.
Kelly, Haglund, Garnsey,
1 7 Kahn, LLC
1441 Eighteenth Street
18 Suite 300
Denver, Colorado 80202-1255
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• 1 P R 0 C E E D I N G S
2 MR. BODE: The regular meeting of the
3 Englewood Board of Adjustment and Appeals is now
4 called to order. The Board is authorized to grant
5 or deny a variance and hear appeals by Part 3,
6 Section 60, of the Englewood City Charter.
7 Will the secretary please call the
8 roll?
9 MS. FENTON: Don Seymour? l
10 MR. SEYMOUR: Here. I
11 MS. FENTON: Carla Davidson? :
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12 MS. DAVIDSON: Here.
• 13 MS. FENTON: Jill Carlston?
14 MS. CARLSTON: Here.
15 MS. FENTON: David Rasby is absent.
16 Marcy O'Brien?
17 MS. O'BRIEN: Here.
18 MS. FENTON: John Smith?
19 MR. SMITH: Present.
20 MS. FENTON: Chairman Bode?
21 MR. BODE: Present. We have six
22 members. There are six members present; therefore,
23 five affirmative votes will be required to grant a
24 request.
• 25 We have a continued case, Case Number
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1 2-2000. And I believe where we left last was we
2 asked for some paperwork, and I assume everybody
3 got their paperwork and read that through and so on
4 and so forth. We were in the discussion phase.
5 Shall we continue from that phase?
6 MS. O'BRIEN: Mr. Bode?
7 MR. BODE: Marcy?
8 MS. O'BRIEN: If I may, I'd like to make
9 a motion.
10 I move that the city attorney excuse
11 himself because of an apparent appearance of
12 impropriety. By that, I mean he was involved in an
13 earlier discussion as part of this case. He has,
14 to the best of my understanding, met with the
15 applicant in an effort to reach a compromise in the
16 case on behalf of the City or was at least part of
17 the city's team; and therefore, it would be
18 inappropriate for him to act as the Board's
19 attorney in this meeting.
20 MR. BODE: The motion has been made.
21 MR. SMITH: Second.
22 MR. BODE: Any discussion on this
23 motion?
24 MR. SEYMOUR: I can't hear at all what's
25 being said.
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,, • 1 MR. BODE: What Marcy said was she would
2 like the city attorney to not represent us tonight
3 perhaps because of a conflict of interest in that
4 he has met with the parties and has been involved
5 in this case previously.
6 MR. SEYMOUR: If it was Nancy, it would
7 be okay, but if it's Dan, it's not; is that it?
8 MR. BROTZMAN: And actually, I don't
9 I would say I don't think there's a conflict. I
10 represent the City. I represent the Board. I
11 don't think that's a problem.
12 There is an issue of an appearance of
• 13 impropriety. I've had discussions I've been an
14 advocate on this issue. What I would be doing
15 tonight is simply informing you of procedural
16 aspects. But if you would like me to step down for
17 this evening, I have no problem with that.
18 MR. SEYMOUR: That means we operate with
19 nobody then; is that it?
20 MR. SMITH: What do you mean? You know
21 as much about this stuff as anybody. Bill? Marcy?
22 MR. SEYMOUR: Whatever.
23 MR. BODE: Well, a motion has been made
24 before the Board. Any further discussion? All in
• 25 favor of the said motion.
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• 1 MS. DAVIDSON: Aye.
2 MS. CARLSTON: Aye.
3 MS. O'BRIEN: Aye.
4 MR. SMITH: Aye.
5 MR. BODE: Any opposed?
6 MR. SEYMOUR: Aye.
7 MR. BODE: Let the record show one
8 opposed. Thank you .
9 (Mr. Brotzman left the room.)
10 MR. BODE: Now, back to where we were in
11 the discussion.
12 I assume everybody got their paperwork
• 13 and was happy with the paperwork they got and so on
14 and so forth. And we had asked the City to meet
15 with the client and report to us.
16 MR. SMITH: Evidently, there's been no
17 resolution on the issue, so I'm sure they would
18 have told us if they had settled it.
19 I'd make a motion that we take a short
20 executive break to discuss some of the matters in
21 the hearing that may, in fact, lead to litigation.
22 I don't know that, but I think we could discuss
23 that - -
24 MR. SEYMOUR: Second.
• 25 MR. SMITH: --without necessarily
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• 1 discussing the case or making a decision.
2 MR. SEYMOUR: Second.
3 MR. BODE: Motion and second. All in
4 favor?
5 MR. SEYMOUR: Aye.
6 MS. DAVIDSON: Aye.
7 MS. CARLSTON: Aye.
8 MS. O'BRIEN: Aye.
9 MR. SMITH: Aye.
10 MR. BODE: Any opposed? We'll be back.
11 (The Board was in executive session from
12 7:41 p.m. until 7:59 p.m.) J
• 13 MR. BODE: Everybody's back. Good.
14 Board of Adjustment Appeals reconvenes. If anybody
15 can't hear me, just ask me to speak up or just
16 raise your hand and we'll speak a little louder,
17 but it seems a lot more quieter in here than how it
18 was next door.
19 At the time we were saying everybody's
20 got their packages, they read through their
21 packages, so on and so forth. We don't have any
22 questions for the City, to my knowledge. We don't
23 have any questions to the applicant, to my
24 knowledge.
• 25 MR. SMITH: Mr. Chairman, if I can make
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• 1 a few comments. Looking through all of this, I
2 have some kind of proposed findings of fact and a
3 very rough draft. It seems to me that this is kind
4 of a history of this, and I'll go through that.
5 Community Care owns and operates this
6 facility on South Corona and it was zoned R-2
7 forever, I guess. Since 1995 and continuing until
8 the present, they provide mental health care and
9 treatment for mentally ill youth. There's five
10 different residences, each of which houses four
11 individuals sharing a front yard and parking
12 facilities.
• 13 In 1995, they first approached the City
14 for a conditional use permit. Following a hearing, l
15 which was closed, the city attorney advised the
16 planning commission that they didn't have I
17 jurisdiction, and the planning commission passed a
18 motion stating that it has been advised and finds
19 that the rules of the 1988 Fair Housing Amendment
20 Act apply to the proposed residential treatment
21 center for the children and adolescents under the
22 management of Community Care Corporation, 3527-3535
23 South Corona Street, and is not within the
24 jurisdiction of the planning commission. The City
• 25 then did not try to assert jurisdiction ag~in until
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• 1 the passage of the new ordinance.
2 In November of last year, the City
3 passed a new ordinance amending it as pertinent to
4 the R-2 zone and particularly pertinent to this
5 particular use and created a conditional use for
6 group homes, but it also provided that any
7 group-living facility which was in existence may
8 remain at its location as long as it's a legal --
9 I 1 m sorry, as a legal nonconformity use.
10 The City now has gone back, if you will,
11 and tried to create a violation of the prior
12 ordinance by saying that they have accepted
• 13 patients, adolescents, from the court system who
14 are subject to arrest and therefore they became a
15 halfway house, which was prohibited. I think the
16 common understanding of a halfway house is a
17 facility where people are sentenced to be there in
18 lieu of jail.
19 My understanding of what has happened
20 here is that the Department of Social Services or
21 Human Services has now been renamed the Department
22 of Youth Corrections and it refers these children
23 probably through a court proceeding, but it's my
24 understanding that the children that are referred
• 25 that way are not referred in lieu of a jail
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• 1 sentence or in lieu of penalty. And I think
2 because that's true, these children did not fall
3 into the common definition of a halfway house, nor
4 do I think they ever did. Because of that, I think
5 they are grandfathered in, and I would make a
6 motion that we find that --they did not become a
7 halfway house and that they are properly
8 grandfathered in under the new ordinance.
9 MR. BODE: A motion has been made before
1 O the Board.
11 MS. O'BRIEN: I would second.
12 MR. BODE: The motion has been
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seconded. It's now open for discussion.
Mr. Seymour, I've never known you to be
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15 quiet, so why don't we start at your end.
16 MR. SEYMOUR: Why did they call it the
17 Department of Corrections if these people are not
18 being corrected?
19 MR. SMITH: You're asking me why the
20 legislation names anything?
21 MR. SEYMOUR: I mean, you've got the law
22 degree.
23 MR. SMITH: I don't know if --my
24 understanding is they're not there because of a
• 25 penalty. So it's not six months in jail or three
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• 1 months at the treatment center. It's not a halfway
2 house in that sense. They're there because they're
3 mentally ill, because they have mental handicaps.
4 I mean, they still fall under the Fair Housing Acti
5 and, yes, we can provide zoning restrictions on
6 some people who fall under that. But I don't think
7 that most of these children are any different from
8 some of the elderly or some of the other mentally
9 incapacitated people who go through a court system
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10 and have guardians appointed or conservators '
1 1 appointed and are put in facilities to take care of !
12 them .
• 13 The courts in recent years have, in
14 fact, increased efforts to make sure that everybody
15 that's referred to anywhere have due processi that
16 is, the judge looks over somebody's shoulder. You
17 know, if they found somebody crazy, they'd ship
18 them down to Pueblo and nobody ever heard of them.
19 Today they go through a whole court proceeding of
20 some sort. It may be civil as opposed to
21 criminal. I think these kids are more akin to a
22 civil proceeding than a criminal proceeding even
23 though they 're all handled by the same department.
24 MR. SEYMOUR: I still have a little
• 25 doubt on corrections.
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• 1 MR. SMITH: That 's my understanding of
2 what the law is.
3 MR. SEYMOUR: Okay. That's about all
4 I've got.
5 MR. BODE: Marcia, anything?
6 MS. O'BRIEN: Well, I think Mr. Smith
7 has given us an accurate review of the history in
8 this matter. It totally reflects my views. I am
9 very concerned, however, about the reports from the
10 neighbors in this area, as to being backed in the
11 corner of a garage, as to rocks being thrown at
12 dogs and other conduct, which I consider to be
• 13 unconscionable. That should be stopped. If it
14 doesn't, it's a police matter, and if necessary, a
15 public nuisance matter. And I would urge the City
16 to take action on that basis. But we're not
17 addressing that here today.
18 MR. BODE: Carla, anything?
19 MS. DAVIDSON: No.
20 MR. BODE: Jill?
21 MS. CARLSTON: I agree wholeheartedly
22 with what Marcy has stated, and I understand the
23 issues. That's about it.
24 MR. BODE: I guess we'll do a show of
• 25 hands. A motion has been made, discussion's
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• 1 closed.
2 All in favor of the said motion, please
3 raise your right hand.
4 (General Board response.)
5 MR. BODE: Five in favor.
6 Those against, please raise your right
7 hand.
8 (General Board response.)
9 MR. BODE: One against.
10 The applicant appealing the notice and
11 order by the City of Englewood is registered null
12 and void per se.
• 13 Does anybody want to make another
14 motion? i
15 MR. SMITH: To adjourn.
16 MR. BODE: That was going to be my
1 7 motion.
18 (The proceedings were concluded at 8:07
19 p.m. on Thursday, June 22, 2000.)
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1 REPORTER'S CERTIFICATE
2 I, Jami Cartwright, Professional
3 Shorthand Reporter and Notary Public in and for the
4 State of Colorado, do hereby certify that said
5 proceedings were taken in shorthand by me at the
6 time and place hereinabove set forth and were
7 thereafter reduced to typewritten form as per the
8 foregoing transcript; that the same is a full,
9 true, and correct transcription of my shorthand
10 notes then and there taken.
11 I further certify that I am not related
12 to, employed by, nor of counsel for any of the
13 parties or attorneys herein, nor otherwise
14 interested in the event of the within action.
15 My commission expires July 13, 2001, and
16 I have hereunto set my hand this July 3, 2000.
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~~th~~'tser~ cbl1J
and
Notary Public
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