Loading...
HomeMy WebLinkAbout2004-01-14 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS January 14, 2004 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, Chair Carlston presiding. Members present: Baker, Bode, Carlston, O'Brien, Seymour, Smith, Sprecace Members absent: None Staff present: Anthon y Fruchtl, Planner Nancy Reid , Assistant City Attorney Chair Carlston stated there were seven members present; therefore, five affirmative votes are required to grant a variance or appeal. Chair Carlston stated that the Board of Adjustment and Appeals is empowered to grant or deny variances by Part Ill, Sectio n 60 of the Englewood City Charter. Variances granted by the Board are subject to a 30-da y 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 i n 180 days of the variance 's effective date. Chair Carlston set forth parameters for the hearing: The case will be introduced; app licants 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. CASE #2004-01 Carol J. (CJ) Cullinan 1501 East Dartmouth Avenue Chair Carlston declared the Public Hearing open, stating she had proof of posting and publication . She introduced the case b y stating it is a variance to encroach 9 feet into the required 25 foot rear yard setback. This is a variance to Section 16-4-2:J1 Minimum Rear Yard of the Englewood Municipal Code. Carol Cullinan, 1501 East Dartmouth Avenue, was sworn in. Ms. Cullinan stated she would like to expand her home by adding a second bathroom and bedroom which would encroach into the rear yard setback by 9 feet. She spoke with the neighbors adjacent to her property, and they signed a statement in support of her request. The neighbor to the rear asked her to agree to contribute to landscaping along his property . Initially, the roofline was higher, but she lowered it as a compromise with the rear neighbor. Ms. • • • Cullinan stated she lives in Arapahoe Acres which is a Historic Preservation District, which is not under covenants. However, she did tried to follow the historical line as much as possible and match the Franklin Lloyd Wright style of architecture in the neighborhood. She wants to be respectful of the neighbors and the community. Chair Carlston asked why the addition could not be built on the west side of the property. Ms. Cullinan responded; there is a tool shed on the west side of the property and it would also change the line of the house. The house currently has a slant roof with a six percent grade. If she built to the west, she would need to create a taller roof line and then follow the line down differently. Chair Carlston confirmed that by building to the west, the roof line would need be increased . Ms. Cullinan stated that was correct and that architecturally it would change the front line of the house. She stated she also believes it would affect the aesthetics of the neighborhood. A number of the homes in the neighborhood only have one bathroom; she wants to modernize her home. Chair Carlston asked for the current square footage of the house . Ms. Cullinan responded that the house is 1,400 square feet. Cecelia Caso, 2930 South Marion was sworn in. Ms. Caso testified that she has known the applicant for approximately three years . She confirmed that Arapahoe Acres is an Historic District, and Ms. Cullinan has done work on her house in the past few years through their grant program. The neighborhood is very particular about maintaining the outside of the houses to the standards they were built. She doesn 't believe anyone in the neighborhood would want Ms. Cullinan to change the front of the house and would not support her building to the west. Since the proposed addition is to the rear; it really won't be seen. Ms . Caso stated she has seen the plans, and Ms. Cullinan and the architect have done a very good job. Mr. Seymour asked whether or not Arapahoe Acres has an assoc1at1on that reviews construction plans. Ms . Caso stated there is not an official association ; there is a neighborhood group that meets occasionally. Ms . Cullinan and the architect attended a meeting and showed the plans to the group. The meetings are open to all the neighbors, and approximately 20 people attend. Mr. Seymour asked if the group had any objections to the plans. Ms. Caso responded that she was unaware of any concerns or objections to the plans . The group was excited to see the plans and meet the architect. Anthony Fruchtl, Planner was sworn in. Mr. Fruchtl stated that there are conditions that were agreed upon between the applicant and the neighbor at 3060 South Cornell Street. Those conditions are outlined in the staff report under the Community Development comments. If the Board wishes, it can make those conditions part of the approval process . 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. Se y mour moved; Mr. Smith seconded : 2 • • • THAT CASE #2004-01 , 1501 EAST DARTMOUTH AVENUE, BE GRANTED A VARIANCE TO ENCROACH 9 FEET INTO THE REQUIRED 25 FOOT REAR YARD SETBACK TO CONSTRUCT A 293 SQUARE FOOT ADDITION TO THE REAR OF THE HOUSE. THIS IS A VARIANCE TO SECTION 16-4-2:J 1 MINIMUM REAR YARD OF THE ENGLEWOOD MUNICIPAL CODE. Chair Carlston asked whether or not the Board wished to specify any conditions with the motion. Mr. Smith stated he feels it inappropriate to add the neighbor's conditions . The applicant and the neighbor have an agreement, and the Board should not get involved. Mr. Seymour agreed. With no further discussion, the secretary polled the members' votes. Mr. Smith stated he voted yes. The construction of the house on such an odd angle of the property is a unique circumstance which satisfies the first criteria. With regard to the second criteria, the applicant did her homework and is fitting the house and expansion of the house into the neighborhood in an acceptable manner to both the neighborhood and the City. It will not adversely affect the adjacent property or neighborhood since they are already developed. It will not impact or impair the use or development of the adjacent property for the same reasons. It is the least modification necessary to grant relief. An y other modification could change the character of the neighborhood. Mr. Baker, Mr. Bode, Mr. Seymour, Mr. Sprecace, Ms . O 'Brien , and Chair Carlston voted yes concurring with Mr. Smith . AYES: NAYS: ABSTAIN: ABSENT: Baker, Bode, Carlston, O 'Brien , Seymour, Smith, Sprecace None None None The Chair announced the motion approved by a 7-0 vote. Mr. Seymour stated he has heard a number of cases for properties within Arapahoe Acres with a lot of opposition; this case was very well presented and was well supported. Ms. Cullinan thanked the Board for their positive support. She also thanked Mr. Fruchtl for his assistance. Ill. APPROVAL OF TELEPHONE POLL Chair Carlston stated a telephone poll was conducted on December 10, 2003 to approve the Minutes of November 12 , 2003 and the Findings of Fact in Case #19-2003. Chair Carlston asked for an approval of the telephone poll approving the Minutes and Findings of Fact. 3 • • • Mr. Seymour moved; Mr. Smith seconded: TO APPROVE THE TELEPHONE POLL CONDUCTED ON DECEMBER 10, 2003. 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 vote. IV. STAFF ADVISOR'S CHOICE Mr. Fruchtl stated there were no cases submitted for the February meeting, and asked the Board if the y wished to meet. It was the consensus of the Board not to meet in February. Mr. Fruchtl stated elections will be held at the March meeting, and Mr. Stitt will present "Zoning 101 " at a stud y session at the March meeting. Further, Ms. Fenton will conduct a telephone poll on February 11 to approve the Minutes and Findings of Fact from tonight's meeting. Mr. Fruchtl stated the Unified Development Code is scheduled for second reading at the January 2 0 City Council meeting. If passed, it becomes effective on February 23 , 2004 . v. CITY ATTORNEY'S CHOICE Ms. Reid stated she had nothing further. VI. BOARD MEMBER'S CHOICE Mr. Se y mour thanked Chair Carlston and Ms. O 'Brien for their letters of support. He has not heard whether or not he was reappointed to the Board. Mr. Se y mour asked staff if the y knew if he had been reappointed. Ms. Reid stated her office writes the Resolutions, and they have not yet received the report from City Council. Mr. Smith stated he also reapplied for appointment but had not heard an y thing. Discussion ensued . There was no further business brought before the Board . The meeting was declared adjourned at 7:50 p .m . 4