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HomeMy WebLinkAbout2001-06-27 BAA MINUTES• • • CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS June 27, 2001 Special Meeting I. CALL TO ORDER The special meeting of the Englewood Board of Adjustment and Appeals was called to or- der at 7:30 p .m . in the City Council Chambers of the Englewood Civic Center, Chair Jill Carlston presiding. Members present: Members late: Staff present: Bode, O'Brien, Se y mour, Smith , Carlston Davidson, Rasb y Senior Planner Tricia Langon Planner I Bill Donnell y Chair Carlston stated that the Board of Adjustment and Appeals is authorized to grant vari- ances from existing zoning or housing regulations as set forth in Section 16-2-8 and Section 9-1-9-3 of the Englewood Municipal Code. Applicants must meet criteria as set forth in the Municipal Code. Ms. Carlston stated that with five members present, four affirmative v otes will be required to grant a variance . Ms. Davidson entered the meeting and took her seat with members of the Board. Ms. Carlson stated that w ith six members of the Board present, five affirmative votes wi ll be required to grant a variance . II. KEVIN DENISON CASE #4-2001 2025 West Baker Avenue Chair Carlston stated that Case #4-2001 is a request for a variance to § 16-4-6 :M 1 f of the Englewood Municipal Code. The applicant wishes to exceed the combin ed maximum total floor area of 1,000 square feet for all garages and ca rports by 1,330 square feet. Ms. Carlston declared the Public Hearing open . She stated that she does have verification of posting of the property, and publication of notice of the Public Hearing. Mr. Kevin Denison was sworn in. Mr. Denison testified he wants to build the proposed ga- rage on the rear of his property; it will not be visible from the street. The lot is quite large and the house is constructed on the front of the property. Mr. Denison testified that he has some antique collector vehicles he wants to store in the garage, as well as a workshop area and storage of other items he owns. Mr. Denison testified that an existing, older shed will be remo v ed when the ne w garage is constructed. Mr. Denison testified that the exi stin g house and attached garage and the new garage will be of like appearance and color. Mr. \\Eng_c hlsys \DE PT\N BDIGRO UP \BOARDS\BOA\200 I Cases\BOA ."1 inutes 6-::?7-0 I .doc • • Denison stated that considering the size of his ownership, the new garage will be in propor- tion and will not adversely impact the use or development of adjacent properties Ms. Carlston asked if members of the Board had questions of Mr. Denison. Mr. Seymour commented on the size of the proposed garage, and asked if any commercial work will be conducted there . Mr. Denison stated that the garage will be for the storage of his vehicles, materials, and workshop, and will be for his personal use. Mr. Smith noted that new gas lines, water lines, and sewer lines are shown to be installed to serve the proposed garage. He asked whether a structure this size will be converted to dwelling purposes once it is approved. Mr. Denison reiterated that the proposed garage is only to house his vehicles. He stated that he will be installing bathroom facilities in the ga- rage , and wants to keep the garage heated . Ms. O'Brien asked if the requested va riance is the least modification nec essa ry for the ap- plicant to achieve his purpose; could he build a smaller garage and achieve the sa m e pur- pose. Mr. Denison stated that a smaller structure wo uld not allow him to do what he wants to do. He reiterated that the exis tin g old shed wil l be removed. Ms. O 'Brien asked if any- thing Mr. Denison proposes to do inside this garage would impact th e neighbors. M r. Denison stated that he did not feel that the garage, or any work he might do in th e garage, would have any impact on adjacent neighbors . Ms. Carlston asked if there were further questions from the Board. Hearing none, she then asked if anyone was present who wished to speak in favor of Mr. Denison 's request. No one addressed the Board. Ms. Carlston then asked if anyone present w ished to speak in opposition to the variance. No one addressed the Board . Ms. Carlston asked if staff had any comments the y wished to mak e. Senior Planner Langon responded that the staff report contained the information from the staff, and she had noth- ing to add. Ms. Carlson declared the Public Hearing closed. Seymour moved: Smith seconded: That Case #4-2001 , applicant Kevin Denison of 2025 West Bak er Avenue, be granted a variance to exceed the combined maximum to - tal floor area for all garages and carports by 1,330 square feet. This is a variance to § 16-4-6:M 1 f of the Englewood Municipal Code. Mr. Smith suggested that approval be made contingent on removal of th e ex istin g old shed. Mr. Seymour stated that he would accept this if Mr. Smith wished to offer an amendment to the motion. • Mr. Seymour asked for clarification on the square footage for garage purposes; the appli- cant is wishing to exceed the combined total of 1,0 00 square feet b y 1,330 square feet. Is llEng_chlsysl DEPT\NBD\GRO UPIBOARDSIBOA\200 1 Casesl BOA Minu<es 6-27.Ql.doc • • • the total garage /carport area on this property going to be 2,330 square feet? Ms. Langon stated that the total square footage of garage area of the existing attached garage and the proposed new garage will be 2,330 square feet. The existing 400 square foot shed will be removed. Mr. Smith asked the size of the existing attached garage. Mr. Bode pointed out that the staff report indicates the existing attached garage is 840 square feet. Ms. O'Brien questioned whether Board members should have this dialogue with staff i nas- much as the public hearing is closed . Mr. Seymour agreed that the hearing is closed , but stated that members have alwa y s been allowed to ask questions of staff to clarify issu es. Smith moved: Bode seconded: The motion be amended to grant approval contingent up o n th e re- moval of the existing 400 square foot shed . The vote on the proposed amendment was taken ; the motion passed unanimousl y. Ms . Carlston called for discussion on the motion, as amended . Mr. Se y mour stated that he likes to see garages constructed ; this is a huge lot and feels that the oversized garage is appropriate on this lot. Mr. Smith agreed that it is a huge lot; he questioned whether the lot could be subdivided, and this garage converted to residential use . Mr. Bode commented that the proposed garage is two times the size of his house. Mr. Smith called for the question. Th e Board v oted on the motion to grant th e va rian ce , contingent upon removal of the existing 400 square foot shed. Five affirmative votes and one negative vote were cast. Ms. Carlston asked members to give their Findings for the record. Mr. Smith stated that he voted y es; this lot is three times the size of an average building site, which he feels is an exceptional circumstance . The variance is in keeping w ith the spirit of the Ordinance and provides off-street parking for vehicles belonging to the prop- erty owner. The variance w ill not adversely affect the adjacent property, nor w ill it substan- tiall y or permanentl y impair appropriate use or development of adjacent property. It ap- pears that this request is the minimum variance that will afford relief with the least modifica- tion of the Ordinance. Mr. Rasb y entered the meetin g and took his seat with the members of th e Board . 1\Eng_chlsysl DEPT\NBDIGROUPI BOARDSI BOA\200 1 Casesl BOA Minutes 6·27·0 1.doc J • • Mr. Bode stated that he voted no; he does concur with Mr. Smith's statements except re- garding the minimum variance to afford relief with least modification of the Ordinance. Ms. O'Brien stated that she voted yes, and concurs with Mr. Smith 's findings; she does be- lieve the proposal is the least modification of the ordinance to provide relief to the property owner. Ms. Davidson stated that she voted yes, and concurs with Mr. Smith 's findings . Mr. Seymour stated he voted yes; he conc urs w ith Mr. Smith 's findings, and does not find the size of the garage to be out of line with the size of the lot. Ms. Carlston stated that she voted yes for reasons previously cited. Ms. Carlston stated that the variance requested by Mr. Denison is granted by a vote of 5 to 1. Ill. CHARLES KEVIN HENRY 3001 South Ela ti Street CASE #5-2001 Ms. Carlston noted that there are now seven members of the Board present; five affirmative votes will be required to grant a variance. Ms. Carlston noted that she does have verifica- tion of publication and posting of the property. Ms. Carlston declared the Public Hearing on Case #5-2001 open . The request is a variance to encroach five feet into the required 18.5-foot front setback. This is a variance to § 16-4 - S:J of the Englewood Municipal Code, modified by§ 16-5-9 :A of the EMC. Mr. Henry was sworn in, and submitted a picture of the front of hi s hous e depicting the concrete porch he wants to roof over. This pictu re was entered as app li cant 's "Ex hibit l ", and circul ate d t o members of th e Bo a rd . Mr. Henry testified that he wants to place a roof over the concrete porch that is along th e front of his house. The porch extends 4'7" into the front yard , and Mr. Henry is asking permission to encroach five feet into the ya rd to provide a roof and gutters over th e po r ch. Mr. Henry stated that he wants to build the roof all across the front of the house, not just over the porch . Mr. Henry stated that his house was constructed in 19 22, prior to adoption of any zoning regulations in Englewood, and does not conform to the existing 25-foot front ya rd setback requirement. There is a provision in the Comprehensive Zoning Ordinan ce, which addresses "averaging" of front yard setbacks in blocks where the front ya rd depth of structures does not conform to the 25-foot setback. The existing porch encro aches into this "ave rage " setback of 18'5" by 4'7". The proposed roof and gutters will increase the en- croachment to five feet. • Mr. Henry testified that he believes his request, if granted, will preserve the spirit of the or- dinance, and will improve the appearance of his property. He testified that he and his fam- \\Eng_chlsysl DEP nN BDIGRO UPIBOARDS\BOA \2001 (35e51BOA Minutes 6.,;.01 doc • • • ily like to sit on the porch in the evenings and enjo y their yard. The roof ov e r the porch w ill make the porch more usable at all times. The roof over the porch will not affect the adjoin- ing properties or neighbors; he contacted his neighbors and no one objected to the pro- posal. The proposed roof will not impact or adversely affect use or development of adja - cent properties. Mr. Henry stated that this is the least modification of the ordinance to en- able him to roof an existing porch. Mr. Seymour asked the height of the proposed roof. Mr. Henry responded that he isn 't sure what the height would be; there would only be a three or four foot pitch to the roof. Ms. Carlston asked if anyone in the audience wanted to speak in favor of Mr. Henry's re - quest. Chris Willis, 3356 South Pennsylvania Street, was sworn in. Mr. Willis testified that he is an associate of Mr. Henry's, and is doing a lot of landscape work around Mr. Henry's home. Mr. Willis stated that along the street frontage of Mr. Henry's property is a row of lilacs; the porch will not be visible from the street. Mr. Willis stated that the entire area is improving; Mr. Henry desires to improve his property . Mr. Willis stated that the roofed porch will b e a very nice addition to Mr. Henry's home. Ms. Carlston asked if anyone else wished to speak in favor of the request. No one else ad- dressed the Board . Ms. Carlston asked if anyone wished to speak in opposition to the re- quest. No one addressed the Board. Ms. Carlston asked if staff wished to make any comments. Ms. Tricia Langon, Senior Planner, was sworn in . Ms. Langon noted that Mr. Henry had said he wanted to extend the roof the full width of the house; she stated that extension of the roof across the full width of the house will not add to the amount of encroachment; th e encroachment will still be five feet into the established average front setback of 18.5 feet. Mr. Smith questioned whether the entire lot could be paved without violating the ordi- nance. Ms. Langon pointed out that there are landscaping requirements that would have to be met. Mr. Smith questioned whether a roof over a slab of concrete is a structure . He referenced the "Note" on page 2 of the staff report and asked if there was anything in writ- ing to support the City position to include porches and additions to the principal building in the exception . Brief discussion ensued . Ms. Carlston asked if there were further questions . Hearing none, sh e decl ared th e Publi c Hearing closed . Bode moved: Seymour seconded: That Case #5-2001 , applicant Charles Kevin Henry, 3 001 South Elati Street, be granted a v arianc e to construct a roof o v er the porc h on th e front of his house, said roof to encroach 5 feet into the "averaged" \\Eng_c h\sySIO EPT\N BD\GRO UPIBOARD S\BO A\2001 CaseslBOA Min utes 6-27-0 1 doc ' • front yard setback. This is a variance to §16 -4-S:J and §1 6-5-9:A of the Englewood Municipal Code . Mr. Seymour commented on the lilacs along the front property line, and that one could al- most not see the house behind the lilac bushes. Mr. Smith stated that this is an older home, and he isn't quite convinced the roof could not be put in place without going through the variance process; he stated that this is just cover- ing an existing "concrete slab ". The vote was cast; all members of the Board voted affirmatively. Ms. Carlston asked that members present their findings. Mr. Smith stated that he voted y es , and is of the opinion that the age of the home and th e fact it was built prior to imposition of any zoning regulations is an exceptional condition. The house is also well shielded from street view b y the lilac hedge along the front of th e property. Mr. Smith stated that the variance request observes the spirit of the ordinanc e, does not adversely affect adjacent property, nor impair appropriate use or de v elopment o f adjacent property. This is the least modification ne eded to afford reli ef to th e pro pe rt y owner and allow him to construct the roof. • Mr. Rasb y stated he voted y es , and concurred with Mr. Smith 's findin gs. • Mr. Bode stated he voted yes ; he also concurred with Mr. Smith 's findings . Ms. O'Brien stated she voted yes; she is of the opinion that the construction of the hous e in 1922 is an exceptional condition, and the concrete porch is in existenc e. She c on c urs w ith Mr. Smith's findings. Ms. Da v idson st ated sh e v oted ye s; sh e c oncurs w ith Mr. Smith 's findin gs. Mr. Seymour stated he voted yes; he concurs with Mr. Smith 's findings . Ms. Carlston stated she voted y es and concurs with cited findings . Mr. Smith stated that he concurred with Ms . O'Brien 's finding on the construction date of the house . Ms. Carlston stated that the motion is approv ed ; the variance is g rant ed w ith sev en affirm a- tive votes . IV. APPROVAL OF MINUTES March 14, 2001 Ms. Carlston stated that the Minutes of March 14, 2001 are to be considered for appro va l. l\Eng_c hls ys \DEPT\N BD\G ROUPIBOARDSIBOA\200 1 Casc:s \BOA Mi nutes 6-27 -0 1.doc 6 • • • Smith moved: Se y mour seconded : The Minutes of March 14, 2 001 be approv ed as written . The motion carried . The Chair announced the Minutes are approved . V. DIRECTOR'S CHOICE Ms. Langon introduced Mr. Bill Donnelly. Mr. Donnell y recently began emplo y ment w ith the City of Englewood, is working in the Department of Community Development, and w ill be attending Board of Adjustment meetings . Ms. Langon expressed her appre c iation to members of the Bo ard for th eir w illin gness to meet i n a special session this ev ening; she stated th at the public noti ce fo r th e H ea rin gs was not published in time for the June 13 1 h meetin g. Ms. Langon stated that there are three cases to be heard in Jul y; thre e o r fo ur expec t ed fo r the August agenda, and one or two expected for the September agenda . Ms . Langon reported that she had attended a zoning administration confe renc e in Albu- querque June 18 th -20 1h. Part of the program at this conference pertained to Board of Ad - justment and Appeals issues . VI. ATTORNEY'S CHOICE No le gal staff w as present. VII. COMMISSIONER'S CHOICE Mr. Se y mour stated that he will no t be in att e ndance at the Jul y meetin g; he w ill be in Uz- bekistan attending the wedding of his son . Mr. Smith asked Mr. Donnell y to giv e a littl e ba c kgr o und on himself. Mr. D o nn ell y stat ed that he began employ ment with the City of Englewood almost a month ago; h e pr ev io u sly worked for the City of Northglenn for three y ears , and is a landscape a rchit ec t. The meeting was declared adjourned . Gertrude G . Welty, Recording Se l\Eng_chls ysl DEPT\N BDIGRO UPIBOARDSIBOA \"001 C:ises l BOA ~inutes 6-"7 -0 1 doc