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HomeMy WebLinkAbout2003-11-12 BAA MINUTES• • • MINUTE S BOARD OF ADJUSTMENT AND APPEALS November 12, 2003 I. CALL TO ORDER The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:35 pm . in the Englewood City Council Chambers, Chair Ca rl ston presiding. Members present: Baker, Bode, Car lston , O'Brien, Seymou r, Smith , Members absent: Sp recace Staff present: Anthon y Fruchtl , Planner Nancy Reid , Assistant City Attorney Chair Carlston stated there were five members present; th e refore, four affirmative votes are required to grant a variance or appeal. Chair Carlston stated that the Bo a rd of Adjustment and Appeals is empowered to grant or den y v ariances b y Part Ill , Section 60 of the Englewood City Charter. Variances g ranted b y the Board are subject to a 30 -da y appeal period . Variances are effective at the end of the appeal period. Building permits for constructi o n associated with an approved v ariance will not be issued until the appeal period is ended . Bui lding permits must be obtained and construction begun within 180 d ay s of the variance 's effective date . Chair Carlston set fo rth parameters for the hearing : The case will be introduced; applicants wi ll p resent their request and reasons the variance should be g ranted ; propon ents will be gi v en an opportunity to speak; oppon ents w i ll address the Board ; and then staff w ill address the Board . II. CASE #1 9-200 3 Linda M . Purd y 31 2 6 South Vine Street Chair Carlston declared the Public Hearing open, stating she had p roof of posting and publication . She introduced the case b y stating it is a variance to encroach 2.5 feet into the required minimum 7 foot side ya rd setback, 6 .5 feet into the minimum 18 foot total side yard setback, and 20 feet into the requ ir ed minimum 25 foot rea r yard setback. These variances are to Section 16-4-2 :11 M i nimum Side Yard of the Englewood Municipal Code an d Section 16-4-2:J1 Minimum Rear Yard of the Englewood Municipal Code . Linda Pu rdy, 3122 So u th Gaylord Street, was sworn in. Ms. Purdy stated she was present as the applicant on behalf of her mother, Suzanne Purd y, who is the property owner of 3126 South Vine Street. Her mother was unable t o attend due t o previous travel commitments . • • • Mr. Bode entered the meeting . Ms. Purdy stated her mother is requesting a variance to both the side and rear setbacks by virtue of the fact that she is connecting a current detached garage to the main living structure of her home. Ms. Purdy stated with regard to the first criterion, when the original home was constructed in 1953 there was no garage associated with it. In 1960, a detached garage was constructed that met the required setbacks. Mr. Smith interjected that the Board had a copy of the staff report. He asked if she had anything further to add as to why the Board should grant the variance . Ms. Purd y responded that the staff report precisely explains the situation and there is nothing more she can add to make it clearer. Referring to the survey, Mr. Seymour asked if the north line of the proposed addition is the line north of the south wall of the garage. Ms. Purdy responded that it is the line that is approximately 5 feet north of the south wall of the garage. It would be the line just north of where the addition arrow is pointing. Mr. Seymour confirmed the addition will extend down to the rear portion of the house which projects to the east. Ms. Purdy stated that was correct. Mr. Seymour asked for the total size of the addition. Ms. Purd y stated it is 475 square feet; 28' x 1 7'. Mr. Seymour asked if the addition would be visible b y any of the neighbors or from the street. Ms . Purd y stated it would not be visible from the street and will not be visible from the rear. Ms. Purdy stated she had photos showing various orientations from the house . Ms. Purd y noted that the addition would not be visible to the rear property owner; the y have a large conc rete wall that is covered in vines . Ms. Purd y further stated that although the addition would be visible on the north and the south, it would be most visible to the neighbors on the south who have signed a statement indicating the y have no opposition to the variance. Chair Carlston confirmed the garage would not be used as habitable space. Ms. Purd y stated that was correct. Mr. Bode asked staff if the garage became part of the house once it was connected. Mr. Fruchtl stated that was correct, and the reason for the variance. Once the addition is connected to the existing detached garage, the footprint then becomes a full principal structure . Mr. Bode asked if the Board could place a condition on the motion that the garage never be converted to habitable space. Ms. Reid stated the Board could make such a condition. 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 #19-2003 , 3126 SOUTH VINE STREET, BE GRANTED A VARIANCE TO ENCROACH 2.5 FEET INTO THE REQUIRED MINIMUM 7 FOOT SIDE YARD 2 • • SETBACK , 6.5 FEET INTO THE REQUIRED MINIMUM 18 FOOT TOTAL SIDE YARD SETBACK, AND 20 FEET INTO THE REQUIRED MINIMUM 25 FOOT REAR YARD SETBACK. THE REQUESTED VARIANCES WILL ALLOW THE APPLICANT TO CONSTRUCT A 475 SQUARE FOOT ADDITION THAT WILL ENCLOSE AN AREA BETWEEN THE EXISTING HOME AND THE EXISTING DETACHED GARAGE. THESE VARIANCES ARE TO SECTION 16-4-2:11 MINIMUM SIDE YARD OF THE ENGLEWOOD MUNICIPAL CODE AND SECTION 16-4-2:J1, MINIMUM REAR YARD OF THE ENGLEWOOD MUNICIPAL CODE. FURTHER, AS A CONDITION OF THE VARIANCE, THE GARAGE AT NO TIME, NOW OR IN THE FUTURE, IS TO BE USED FOR HABITABLE SPACE . With no further discussion, the secretary polled the members ' votes. Mr. Seymour stated he voted yes. It meets all the criteria. It will not be seen from the street or the adjacent properties . It is a good solution for the homeowner to have access from the garage to the house . Ms. O 'Brien stated she voted yes, finding that all five criteria were met. With respect to the first criterion, there were exceptional circumstances and conditions in that the lot size is not a typica l depth for lot sizes found within the R 1 A, Single Family Residenti al District. Originall y there was no garage associated with the house; the detached garage was constructed in 1960. With respect to the second criterion, the variance will observe the spirit of the ordinance since attached garages are a use by right within the R 1 A zone district. With respect to the third criterion, the variance will not adversely affect adjacent property of the neighborhood . The addition will not be seen from either the street or the rear portion or the property. Additionally, those neighbors who would be able to see the addition have signed statements indicating they have no objection to the variance. With respect to th e fourth criterion, the variance will not impact or impair the use or development of adjacent property because all adjacent properties are developed. With respect to the fifth criterion, the variance is the least modification necessary to grant relief to the applicant. Mr. Smith , Mr. Baker, Mr. Bode, and Chair Carlston stated the y voted yes , concurring with Ms. O 'Brien and Mr. Seymour . Chair Carlston noted for the record that Mr. Bode entered the meeting during the applicant's testimony so there are six members present requiring five affirmative votes to grant the variance. AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, Carlston, O 'Brien , Seymour, Smith None Sprecace None • The Chair announced the motion approved by a 6-0 vote. 3 • • Ill . APPROVAL OF TELEPHONE POLL Chair Carlston stated a telephone poll was conducted on October 8, 2003 to approve the Minutes of September 10 and the Findings of Fact in Case #14-2003 and Case #18-2003 . Chair Carlston asked for an approval of the telephone poll approving the Minutes and Findings of Fact. AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, Carlston, O 'Brien , Seymour, Smith None None Sprecace The motion carried. The Chair announced the motion approved by a 6-0 vote. IV. STAFF ADVISOR'S CHOICE Mr. Fruchtl stated there are no applications submitted for the December meeting and asked if the Board still wished to meet. It was the consensus of the Board to not meet in December. V. CITY AITORNEY'S CHOICE Ms . Reid stated she had nothin g further. VI. BOARD MEMBER'S CHOICE Mr. Bode asked if there would be a holiday dinner. Ms. Reid responded that Community Dev elopment is not sponsorin g a holiday dinner this y ear. Discussion ensued . The Board decided to have a holiday p a rty on Dec emb e r 10, 7 p .m . at Sparks Restaurant. The Board also extended in v itations to Ms. Reid , Mr. Fruchtl, Ms. Welty, and Ms. Fenton . Ms. O 'Brien stated she would coordinate the event and asked people contact her as to whether or not they would be attending. There was no further business brought before the Board. The meeting was declared adjourned at 7:55 p .m . 4