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HomeMy WebLinkAbout2002-02-13 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS February 13, 2002 I. CALL TO ORDER The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:30 pm. in the Englewood City Council Chambers, Vice Chair O'Brien presiding. Members present: Baker, Bode, O'Brien, Seymour, and Smith Alternate present: Samara Ferber Members absent: Carlston, Davidson Staff present: Tricia Langon, Senior Planner Bill Donnelly, Planner I Vice Chair O'Brien stated there were five members present; therefore, four affirmative votes are required to grant a variance. Vice Chair O'Brien stated that the Board of Adjustment and Appeals is empowered to grant or deny variances by Part Ill, Section 60 of the Englewood City Charter. Vice Chair O'Brien set forth parameters for conduct of hearings: The case will be introduced; 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. ELECTIONS Ms. O'Brien moved; Mr. Smith seconded: TO ELECT JILL CARLSTON AS CHAIR OF THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS. AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, O'Brien, Seymour, Smith None None Carlston, Davidson The motion carried. The Chair announced the motion approved . 1 Mr. Smith moved; Mr. Se y mour seconded : AYES: NAYS: TO ELECT MARCIA O'BRIEN AS VICE CHAIR OF THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS . Baker, Bode, O'Brien, Seymour, Smith None ABSTAIN: None ABSENT: Carlston , Davidson The motion carried. The Chair announced the motion approved. Vice Chair O'Brien recommended amending the order of the Agenda to wait for Ms. Davidson . The Board agreed. Ill. CASE #1-2002 Susan Torkelson 3 83 7 South Clarkson Street Vice Chair O'Brien declared the Public Hearing open, stating she had proof of posting and publication . She introduced the case by stating it is a variance to encroach 7 feet 6 inches • into the required 25 feet front yard setback. This is a variance to 16-4-4:H, Minimum Front • Yard of the Engle w ood Municipal Code. Sus an Torkelson , 3837 South Clarkson Street, was sworn in. Ms. Torkelson testified that she w ish es to buil d a co v ered front por c h. There is 46 feet from her front door to the sidewalk even though her property line is 25 feet from the front door. While she is encroaching in the 25 foot setback, there are still 21 feet more on the front of the house . The porch pad will not extend any further than currently existing concrete . She stated she has talked with the neighbors, and there were no objections. The front door of her house sits backs further than anyone else's on the block. Currently there are concrete steps which go up to the house that are in the process of sinking; therefore, she has to do something with the front of her house . Mr. Smith asked whether or not Ms. Torkelson knew how far the neighbors were from their property lines or the sidewalk. Ms. Torkelson responded that the property to the north actually extends further than what she is proposing for her property. Her property is currently 4 feet into the setback, and what she is actually adding onto the front of the property is approximately 3 feet. Mr. Smith asked if she and her neighbors would be the onl y properties encroaching into the setback. Ms. Torkelson responded that with the exception of two houses, everyone on the block has a porch. Mr. Smith confirmed that her pr o posed porch w ould line up with the other porches on the block. Ms . Torkelson responded that her porch will not extend out as far as the other porches . 2 • • Mr. Seymour asked how it would affect her if the City decided to widen Clarkson Street - would she feel that she was sitting to close to the traffic? Ms . Torkelson responded that even if the City reclaimed their 21 feet, her porch would extend out the same as the neighbors. Ms. Torkelson stated that block of Clarkson is the only block which has 21 feet on the front of its properties. • • Bill Donnelly was sworn in. Mr. Donnelly pointed out that the Municipal Code citation was incorrect in the staff report. It should be "16-4-4:H" rather than "16-4-2:H." Mr. Smith asked whether or not there was something in the Ordinance which counts the other structures on the street and asked how this property fit into that section . Mr. Donnelly stated he took that into consideration. He stated he couldn't remember the percentage, but thought 75 % of the homes had to be encroaching into the setback for that block for the exception to apply; that wasn't the case for this block. There are a number of homes on the block that do encroach, but it didn't meet the percentage. There were no other persons present to testify for or against the variance. Vice Chair O 'Brien incorporated the staff report and exhibits into the record and closed the public hearing. Mr. Se y mour moved; Mr. Smith seconded: THAT CASE #1-2002, 383 7 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO ENCROACH 7 FEET 6 INCHES INTO THE REQUIRED 25 FEET FRONT YARD SETBACK. THIS IS A VARIANCE TO 16-4-4:H, MINIMUM FRONT YARD OF THE ENGLEWOOD MUNICIPAL CODE. Mr. Smith stated he didn't see any problem with the request; 46 feet from the street is plenty enough room. With no further discussion, the secretary polled the members ' votes. Mr. Smith stated he voted yes; the exceptional part of the lot is that there is a 21 feet city- owned piece of land which will probably never be used. It observes the spirit of the Ordinance in that it allows an amenity which is common for most houses, a front porch. It will not adversely affect the neighborhood because it is built, and as staff noted there is a substantial percentage of houses that currently encroach. It will not impair the appropriate use of the adjacent property because it is already developed. It is the minimum variance needed because it the size of a normal porch . Mr. Baker, Mr. Bode, Mr. Seymour and Vice Chair O'Brien voted yes, concurring with Mr. Smith . AYES: NAYS: ABSTAIN: Baker, Bode, O'Brien, Seymour, and Smith None None 3 ABSENT: Carlston , Davidson The Chair announced the motion approved by a 5-0 vote. IV. APPROVAL OF MINUTES Vice Chair O 'Brien asked for consideration of the Minutes from the January 8, 2002 public hearing. Mr. Smith moved; Mr. Bode seconded : THE MINUTES OF JANUARY 8, 2002 BE APPROVED AS WRITIEN . AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, O'Brien, Seymour, Smith None None Carlston, Da vidson The motion carried . The Vice Chair announced the motion approved . V. APPROVAL OF FINDINGS OF FACT Mr. Bode m ov ed; Mr. Smith se conded : THE FI N DI N GS OF FACT IN CASE #13-2001 , 2303 EAST DARTMOUTH AVENUE , BE APPROVED AS WRITIEN. AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, O'Brien, Seymour, Smith None None Carlston, Davidson The motion carried. The Chair announced the motion approved . VI. STAFF ADVISOR'S CHOICE Ms. Langon welcomed the new Board member, Jeff Baker, as well as the alternate, Samara Ferber . The March meeting will be on March 13 ; two cases and possibly a continued case are scheduled . The first case is at 3555 South Ogden Street; the applicant is requesting a variance to convert a detached garage to a dwelling unit. The second case is located at 4 202 South Grant Street; the applicant is requesting a variance to encroach into the front setb ack to build a porch . 4 • • • • Ms . Langon stated that she received favorable comments from the members at last month's meeting regarding the new "tab system" for the packet; she encouraged those Board members who do not keep their packets to give the recording secretary the tabs and they would be reused for future packets. • • Further, Mr . Seymour is attending the ICBO Conference in March, and she looks forward to his report. VII. CITY A ITORNEY'S CHOICE Ms. Reid we lco med the new me mbers and stated that her job is to provide legal advice to the Board . She asked the new members to call her if they had any questions. VIII. BOARD MEMBER'S CHOICE Vice Chair O 'Brien welcomed the new members on behalf of the Board. She stated that the members informally go out after the meetings to talk. She invited the new members to join them after the meeting, and stated it is a good way to learn the history of the Board by talking to members that have served for a number of years. It is also a nice way to get to know the other Board members. IX. CASE #14-2001 Mayflower Congregational Church 3001 South Acoma Street Mr . Smith stated the case could not be heard because a quorum would not be present when Mr. Se ymour and Vice Chair O 'Brien recuse themselves . Vice Chair O 'Brien stated she was concerned that if the case wasn't opened and continued, the applicant would need to repost th e p rope rt y and the case wo uld also need to be republished in the paper. Ms . Reid stated there was a quorum to open the meeting, but a determination would need to be made whether or not an yone needs to recuse themselves. Mr. Smith clarified that Mr . Seymour and Vice Chair O 'Brien could vote on a continuance. Ms . Reid stated that was correct. Mr . Smith clarified with staff that Ms . Da vidson indicated she would be in attendance. Ms . Fenton responded that she had spoken to Ms. Davidson earlier in the day, and she indicated she would be at the meeting. Vice Chair O 'Brien declared the Public Hearing open stating the case was continued from . November 14, 2001 . Unfortunately, there is not a quorum to hear the case because two members, Mr . Seymour and Vice Chair O'Brien, have recused themselves from the case. Vice Chair O 'Brien asked for a motion to continue the case. Mr. Smith moved; Mr . Bode seconded: TO CONTINUE CASE #14-2001 , MAYFLOWER CONGREGATIONAL CHURCH, TO MARCH 13 , 2002. 5 AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, O'Brien, Seymour, Smith None None Carlston, Davidson The motion carried. The Chair announced the motion approved. There was no further business brought before the Board. The meeting was declared adjourned at 8:00 p.m . 6 • • •