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Home My WebLink About2003-09-10 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS September 10 1 2003 I. CALL TO ORDER The regular meeting of the Englewood Boa rd of Adjustment and Appeals was called to order at 7:30 pm. in the Englewood City Council Chambers, Chair Carlston presiding. Members present: Members absent: Staff present: Baker, Bode, Carlston, O 'Brien, Seymour, Smith , and Sprecace None Anthony Fruchtl , Planner Tricia Langon, Senior Planner Nancy Reid , Assistant City Attorney Chair Carlston stated there were seven members present; therefore, five affirmative votes are required to grant a va ri ance or appeal. Chair Carlston 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. Variances granted by the Board are subject to a 30-day appeal period. Variances are effective at the end of the appeal period. Building permits for construction associated with an approved variance will not be issued until the appeal period is ended. Building permits must be obtained and construction begun with in 180 days of the variance 's effective date. Chair Carlston set forth parameters for the hearing : The case will be introduced; applicants will present their request and reasons the variance should be granted; p roponents will be given an opportunity to speak; opponents will address the Board; and then staff will address the Board . II. CASE #14-2003 Bill and Laura Bartnick 2775 South Delaware Street Mr. Seymour moved; Mr. Smith seco nd ed: TO REMOVE CASE #14-2003 FROM THE TABLE. AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, Carl sto n, O'Brien, Seymour, Smith , Sprecace None None None The Chair announced the motion approved by a 7-0 vote. • • Chair Carlston introduced t he case by stating it is a variance to encroach 13 feet into the required 25 foot front yard setback. This is a variance to Section 16-4-5:J Minimum Front Yard of the Englewood Municipal Code. Bill and Laura Bartnick, 2775 South Delaware, were sworn in. Ms. Bartnick stated they presented their case at the last hearing and believe they have complied with the Board's request. There were no other persons present to testify for or against the variance. Chair Carlston incorporated the staff report and exhibits into the record and closed the public hearing. Mr. Seymour moved; Mr. Smith seconded: THAT CASE #14-200 3, 2775 SOUTH DELAWARE STREET, BE GRANTED A VARIANCE TO ENCROACH 13 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK TO CONSTRUCT A 7 FOOT BY 26 FOOT ADDITION ONTO THE FRONT OF THE HOUSE WHICH INCLUDES THE CONVERSION OF AN EXISTING COVERED FRONT PORCH INTO HABITABLE SPACE . TOTAL ENCROACHMENT SHALL INCLUDE THE EXISTING HOME WHICH ENCROACHES 6 FEET INTO THE FRONT YARD SETBACK . THIS IS A VARIANCE TO SECTION 16-4-5:J MINIMUM FRONT YARD OF THE ENGLEWOOD MUNICIPAL CODE . With no further discussion, the secretary polled the members ' votes . Mr. Smith stated he voted ye s. The property is located in an area which is almost industrial which is a unique enough characteristic to satisfy the first criterion. Converting a porch to habitable space is an amenity that fits in with the neighborhood. It observes the spirit of the Ordinance. It will not adversely affect the adjacent property or the neighborhood because the adjacent property is already developed, and the neighborhood is a transition zone. It won 't impact the use or development of the adjacent property for those same reasons . It is the least modification necessary to grant the relief requested b y the applicants. Mr. Bode stated he voted no . No exceptional conditions exist on the lot. Mr. Baker, Ms. O 'Brien , Mr. Sprecace, Mr. Seymour, and Chair Carlston stated they voted yes concurring with Mr. Smith. AYES: NAYS: ABSTAIN: ABSENT: Baker, Carlston, O'Brien, Seymour, Smith , and Sprecace Bode None None • The Chair announced the motion approved by a 6-1 vote . 2 • • • Ill . CASE #18-2003 Thomas Kelly 2931 South Washington Street Chair Carlston 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 25 feet into the required 25 foot front yard. This is a variance to Section 16-4-4:H Minimum Front Yard of the Englewood Municipal Code. Thomas Kell y, 2931 South Washington Street, was sworn in. Mr. Kelly stated the variance should be granted because he is merely replacing two damaged porch covers from the March storm. Also, none of the neighbors object to the variance . There were no other persons present to testify for or against the variance . Chair Carlston incorporated the staff report and exhibits into the record and closed the public hearing. Mr. Seymour moved; Mr. Smith seconded: THAT CASE #18-2003 , 2931 SOUTH WASHINGTON STREET, BE GRANTED A VARIANCE TO REPLACE TWO PORCHES AS FOLLOWS: 1. COVERED FRONT PORCH THAT WILL ENCROACH 25 FEET INTO THE REQUIRED 25 FOOT FRONT YARD SETBACK , AS DEMONSTRATED ON ATIACHED EXHIBIT A. 2 . COVERED SIDE PORCH THAT WILL ENCROACH 18.8 FEET INTO THE REQUIRED 25 FEET FRONT YARD SETBACK , AS DEMONSTRATED ON ATIACHED EXHIBIT A. THIS IS A VARIANCE TO SECTION 16-4-4-:H MINIMUM FRONT YARD OF THE ENGLEWOOD MUNICIPAL CODE. Mr. Seymour stated the porches existed before the house came into the City. The City then put in streets and right-of-wa y s. He attends a church that has a zero property line. Ms. O'Brien asked how the variance meets the second and third criteria. Chair Carlston stated that with regard to the third criterion, there is a lot of vegetation on the street. When she drove by the property, she could barely see the adjacent properties so she doesn 't believe it will adversely affect the adjacent properties . Chair Carlston stated she believes porches are an amenity in the City. Mr. Seymour stated the house has existed since 1947. Mr. Smith stated he had a digital camera with photographs of the property. Ms. Reid stated Mr. Smith will need to provide hard copies of the photographs to the recording secretary so they can be made part of the official record . Mr. Smith stated he would provide the copies. 3 • • The members reviewed the photographs. (S e cr e tary 's Note : Photos were received and placed in the case file .) With no further discussion, the secretary polled the members' votes. Mr. Se y mour stated he voted yes . The structure has existed since 1947. Mr. Sprecace stated he voted y es . Ms. O 'Brien stated she voted yes . There are exceptional conditions and circumstances due to the fact that the structures were built in 1947 and were not annexed into the City until 1955 . A porch is an amenity in the neighborhood. It does not adversely affect the adjacent property owners . It has a nice appearance and further statements have been submitted from the immediate prope rty owners indicating they ha v e no objection . The adjacent properties are developed so they will not be impacted or impaired. The variance is the least modification necessary as the porches will be reconstructed in the same location as the existing porc hes w hich w ere damaged duri n g the M a rc h sno w storm . Mr. Bode, Mr. Baker, Mr. Smith , and Ch air Carlston stated they voted yes concurring w ith Ms. O 'Brien . AYES: NAYS: ABSTAIN: ABSENT: Baker, Bod e, Carlston, O 'Brien , Sey mour, Smith , Sprecace None None None The Chair announced the motion approved b y a 7-0 vote. S e cr e tary 's N ote : Exhi b it A referr ed to in th e motio n is attach e d to th ese M inute s. 111. APPROVAL OF MINUTES Chair Carlston asked for consideration of the Minutes from the August 13, 2003 public hearing. Mr. Smith moved; Ms. O 'Brien seconded : AYES: NAYS: ABSTAIN: ABSENT: THE MINUTES OF AUGUST 13, 2 003 BE APPROVED AS WRITIEN . Baker, Bode, Carlston, O 'Brien , Se y mour, Smith, Sprecace None None None • The motion carried . The Chair announced the motion approved by a 7-0 vote. 4 • • • IV . APPROVAL OF FINDINGS OF FACT Mr. Seymour moved; Mr. Smith seconded: THE FINDINGS OF FACT IN CASE #10-2003 , 4508 SOUTH PEARL STREET, CASE #11-2003 , 3075 SOUTH GRANT STREET, CASE #12-2003, 3985 SOUTH HURON STREET, CASE #13-2003, 3029 SOUTH SHERMAN STREET, CASE #15-2003 , 4635 SOUTH MARIPOSA DRIVE, CASE #16-2003 , 3199 SOUTH VINE STREET, AND CASE #17-2003, 825 WEST QUINCY AVENUE, BE APPROVED AS WRITIEN. AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, Carlston, O'Brien, Seymour, Smith , Sprecace None None None The motion carried . The Chair announced the motion approved by a 7-0 v ote. V. STAFF ADVISOR'S CHOICE Ms . Langon stated there were no cases for October; therefore, the recording secretar y w ill conduct a telephone poll for the Findings of Fact on October 8. Ms. Langon asked if the members wished to continue receiving a meeting reminder telephone call or would th ey prefer a reminder e-mail. Those members wishing to be contacted stated the y preferred a telephone call. Ms . Langon stated the Board currently meets at 7:30 p.m .; she asked if th e re w as an y interest in holding the meeting earlier. It was the consensus of the members to continue meeting at 7:30 p .m . VI. CITY ATTORNEY'S CHOICE Ms . Reid stated she had nothing further . VII. BOARD MEMBER'S CHOICE Chair Carlston stated she was a candidate for City Council District 1. 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