HomeMy WebLinkAbout2004-04-14 BAA MINUTES•
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
April 14, 2004
I. CALL TO ORDER
The regular meeting of the Englewood Board of Adjustment and Appeals was called to
order at 7:30 p.m. in the Englewood City Council Chambers, Vice Chair Sprecace presiding.
Members present: Bode, Carlston, O'Brien , Shotwell, Smith, Sprecace
Members absent: Cohn (alterna te )
Secretary 's Note: One vacancy
Staff present: Anthony Fruchtl, Planner
Nancy Reid, Assistant City Attorney
Vice Chair Sprecace stated there were six members present; therefore, five affirmative votes
are required to grant a variance or appeal. Vice Chair Sprecace 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 within 180
days of the variance's effective date .
Vice Chair Sprecace set forth parameters for the hearing: 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. CASE #2004-04
Kent and Carol Absher
2998 West Tanforan Drive
Vice Chair Sprecace declared the Public Hearing open, stating he had proof of posting and
publication. He introduced the case by stating it is a variance to encroach 7 feet into the
required 25 foot Front Setback. This is a variance to Section 16-4-3:H Minimum Front Yard
of the Englewood Municipal Code.
Kent and Carol Absher, 2998 West Tanforan Drive, were sworn in. Mr. Absher stated the
existing concrete porch is cracked, and they would like to replace it and add a cover. The
porch is located on the north side of the house and snow accumulates on the porch. A
cover would make it a safer entry into the house.
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Ms. Carlston confirmed the house is 26 feet from the front property line. Mr. Absher stated
that was correct. Ms. Carlston stated under the Unified Development Code, he would
have been able to build a five foot porch without a variance. Mr. Absher stated that was
correct. Ms. Carlston asked why they need the extra two feet. Mr. Absher stated the door
is three feet which only leaves two feet when opening the door. They would like more
room when opening the door. The existing porch is approximately the same size as the
porch they would like to construct.
Mrs. Absher testified they are not requesting anything out of the ordinary from what is
existing on their block. There are houses on the block that have covered porches.
Mr. Sprecace asked what the porch would be made out of. Mr. Absher stated he had a
photo of the neighbor's porch; their porch will be 50 % smaller but look similar. Ms . Reid
stated if the photo was submitted, it would become part of the official record and would
need to be kept as part of the Board 's file. Mr. Absher stated he would not submit the
photo. The y are requesting a deck instead of concrete; it will not have a flat roof but will
dovetail into the house roof.
Ms. Carlston stated she drove by the property; she asked if the porch would be similar to
the property on the east. Mr. Absher responded yes, but their porch would be half the size.
The neighbor's porch is 16 feet wide; his would only be 8 feet.
Mr. Smith asked how far the neighbor's porch projects from the house. Mr. Absher
responded that it comes out 8 feet. Mr. Smith confirmed that the neighbor's porch is 16 b y
8 feet. Mr. Absher stated that was correct.
There were no other persons present to testify for or against the variance. Vice Chair
Sprecace incorporated the staff report and exhibits into the record and closed the public
hearing.
Mr. Smith moved;
Ms. Carlston seconded :
THAT CASE #2004-04, 2998 WEST TANFORAN DRIVE , BE GRANTED A VARIANCE
TO ENCROACH 7 FEET INTO THE REQUIRED 25 FOOT FRONT SETBACK TO
CONSTRUCT AN 8 'X8' 64 SQUARE FOOT COVERED PORCH . THIS IS A
VARIANCE TO SECTION 16-4-3:H MINIMUM FRONT SETBACK.
Mr. Smith stated the property is a corner lot; the porch is smaller than the neighbor's porch .
It is also an amenity that other neighbors have. The applicants ' lot is also oversized. The
house was built one foot from the setback requirement before the Code was in place .
Ms. Carlston stated she also noticed there was landscaping on the front which extends onto
the porch; it would be a ~enefit to have a deeper porch to save the shrubbery.
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• Ms. O 'Brien stated it will improve the look of the property.
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Ms. Shotwell stated it appears the neighbors are in favor of the request. The improvement
to the applicants' property will also benefit the neighbors' properties. It seems to be the
minimal encroachment since the house is built 26 feet from the property line; the request
seems reasonable.
With no further discussion, the secretary polled the members' votes .
Mr. Smith stated he voted yes. The house was built pre-Code and only allows for one foot
to construct a porch . A porch is an amenity that a number of homes within the
neighborhood have. It is a fairly small porch; 8 feet by 8 feet. The neighbor's porch is
twice that size . It is consistent with the intent of the zone district regulations because it is
an amenity that most of the other properties have . It will improve the appearance of the
house. It will not permanently impair the use or development of the adjacent properties
since the y are alread y developed . It will not alter the essential character of the
neighborhood since porches are very common in the neighborhood. It is not a self-
imposed difficulty or hardship because the house was built before the Code was in force .
Mr. Bode, Ms . Carlston , Ms. O'Brien, Ms. Shotwell, and Vice Chair Sprecace voted y es ,
concurring with Mr. Smith .
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bode, Carlston , O 'Brien , Shotwell, Smith , Sprecace
None
None
None
The Vice Chair announced the motion approved b y a 6-0 vote and instructed the applicant
to contact the Planning staff for any additional or necessary information.
Ill. APPROVAL OF MINUTES
Vice Chair Sprecace asked for consideration of the Minutes from the March 10, 2004
public hearing.
Mr. Smith moved;
Ms. Carlston seconded: THE MINUTES OF MAY 10, 2004 BE APPROVED .
Vice Chair Sprecace asked if there was any discussion.
Ms. O 'Brien moved;
Ms. Shotwell seconded : TO AMEND THE MAY 10, 2004 MINUTES AS FOLLOWS:
1. DELETE PARAGRAPHS 4, 5, 6, AND 7 ON PAGE 8 .
2. INSERT "FURTHER DISCUSSION ENSUED ." AT THE
END OF PARAGRAPH 3 ON PAGE 8 .
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Vice Chair Sprecace stated he thought the Board was in executive session during that
discussion. Ms . O 'Brien stated the Board does not have executive session, but typically the
Minutes are not verbatim which is wh y she is moving for an amendment. Discussion
ensued.
Vice Chair Sprecace called for a vote on the Motion to Amend the Minutes.
AYES:
NAYS:
ABSTAIN:
ABSENT:
O 'Brien , Shotwell, Sprecace
Bode, Carlston, Smith
None
None
The Vice Chair announced the motion denied by a 3-3 vote.
Vice Chair Sprecace called for a vote on the Motion to Approve the Minutes.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bode, Carlston, O 'Brien, Shotw ell, Smith, Spreca c e
None
None
N one
Motion carried . The Vice Chair announced the motion approved by a 6-0 vote .
IV. APPROVAL OF FINDINGS OF FACT
Mr. Smith mov ed ;
Mr. Bode seconded:
THE FINDI N GS OF FACT IN CASE #2004-0 2, 2 800 SOUTH ACOM A STREET, BE
APPRO V ED AS WRITIEN.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bode, Carlston, O 'Brien, Shotwell, Smith, Sprecace
None
None
None
The motion carried. The Vice Chair announced the motion approved b y a 6-0 vote.
V. STAFF ADVISOR'S CHOICE
Mr. Fruchtl stated a variance for 3035 South Cherokee Street is scheduled for the May
meeting. It is a vari ance to encroach 3 feet into the required 3 feet side setback and to
encroach into the bulk plane requirement. Beginning next month, all variance requests will
be considered under the Unified Development Code .
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VI. CITY A ITORNEY'S CHOICE
Ms . Reid stated Mr. Baker resigned from the Board. Once City Council accepts Mr. Baker 's
resignation, staff will prepare a resolution for Council's consideration to appoint Mr. Cohn
as a full member.
VII. BOARD MEMBER'S CHOICE
Ms. O 'Brien expressed her appreciation to the recording secretary for a job well done.
Since Mr. Baker has resigned and Mr. Sprecace has now assumed the position of Chair, Ms .
Reid asked if the members wished to hold an election for Vice Chair.
Ms. Carlston moved;
Mr. Smith seconded: TO ELECT MARCIA O 'BRIEN AS VICE CHAIR.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Bode, Carlston , O'Brien, Shotwell, Smith , Sprecace
None
None
None
The motion carried. The Chair announced the motion approved by a 6-0 vote .
There was no further business brought before the Board . The regular meeting was declared
adjourned at 8 :00 p .m .
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