HomeMy WebLinkAbout2005-05-11 BAA MINUTES•
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
May 11, 2005
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, Chair Carlston presiding.
Members present:
Members absent:
Staff present:
Carlston, Cohn, Green, O'Brien, Shotwell, Smith, Sprecace
None
Anthony Fruchtl , Planner
Dan Brotzman, City Attorne y
Chair Carlston stated there were seven members present; therefore, five affirmative votes
are required to grant a variance or app eal.
Chair Carlston stated that the Board of Adjustment and Appeals is empowered to grant or
den y variances b y Part Ill , Section 60 of the Englewood City Charter. Variances granted
b y 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 .
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; proponents will be
given an opportunity to speak; opponents will address the Board; and then staff will address
the Board.
II. CASE #VAR0504-0001
Diana and Leigh Bray
2890 South Clarkson 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 exceed the maximum
allowed height of a 3 foot solid fence by 3 feet within the front setback. This is a variance
to Table 16-6-6.2 of the Englewood Municipal Code.
Diana Bray, 2890 South Clarkson Street was sworn in. Ms. Bray testified there were
several issues that prompted applying for the variance. The first issue has to do with safety .
The house is very close to East Bates and South Clarkson. They have seen several accidents
and "near misses" at that corner, and she is concerned that one of those accidents will
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result in a car or truck comin g onto the property or crashing into their sleeping areas which
are along East Bates. People are consistentl y driving fast and dangerously down Bates.
They would like a physical barrier between their house and the street.
The second issue is privacy. More than 30 feet of their property was taken to widen South
Clarkson Street in the 1960's. It caused the front of their house to sit very close to the
street. As people are walking or driving, they look into their windows. When their
windows are open, they can hear people's conversations as they walk by. The y would like
some privacy.
The third issue is precedence . When the street was widened, the City granted the previous
owners the right to build a six foot fence, which has been in existence for more than 30
years.
The fourth issue is noise and dust. The y would like a barrier between the outside of the
property and Bates Avenue because there is considerable noise and dust due to the dirt
road which is exacerbat ed b y hea vy truck traffic and "hot-dogging" cars .
Their proposal is to build an aesth etic all y pleasing m asonry wall which will not impair th e
dev elopment of other peopl e's prop erties.
Mr. Sprecace stated th e re is an agreement with the prior owners date d March 18, 1968.
He asked if there would be anoth e r ag reement. Ms. Bra y responded that agreement was a
temporary right to install a fence. Ms. O 'Brien pointed out to Mr. Sprecace that the
suggested motion in the st aff report contemplates a new Encroachment Agreement. Ms.
Bra y stated that she and staff did discuss an Encroachment Agreement since they are too
close to the property line w ith th e propos ed fenc e. Mr. Sprecace stated the old Agreement
states the City can require th e homeowner to tear down the wall. Ms. Bra y stat ed sh e
understands that is a possibility in th e future as well.
Ms . Bra y stated the y are proposin g to build a solid masonry wall around th e corner and
then change the material to something that looks the same but is less structural. It will most
likel y change from masonry to wood framed covered in stucco. The y want the barrier on
the corner that is structural in case it is run into b y a vehicl e. The proposal may seem like
overkill, but their bedrooms are located right on the street, and it is very frightening when
they hear the screeching of tires at night when cars ar e making that turn.
Mr. Green asked if there was significant safety between a three foot and six foot masonry
wall. Ms. Bra y stated she did not know; part of the reason for the height is the privacy
issue . Mr. Green confirmed the wall along Bates is four feet. Ms. Bra y stated the wall along
Bates is six feet for the first 80 feet and then it goes to a five foot fence. Also along Bates is
a fence that is higher than six feet; it was constructed as a dog barrier. She estimated it to
be eight feet, but she has never measured it.
Mr. Smith asked if she was going to build the wall along the entire length of Bates and
Clarkson . Ms. Bra y responded that is what is being proposed. Mr. Smith stated there is
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Clarkson; the remainder of the street is open with the lower fence . He asked whether they
wish to close the west and south sides . Ms. Bray stated there was a six foot fence or higher
along East Bates , except for the last part which is between five and six feet. The South
Clarkson section does go down in height. When they built their renovation, they extended
the house and built a garage . They considered building a three foot fence in that area and
are still not opposed to that idea, but they thought visually they might try to accomplish
some other aesthetic things to make it look nice. They are considering wrought iron
windows in the stucco walls and gates . They also are considering stone pillars to break up
the wall.
Mr. Smith stated he can understand protection for the first 60-80 feet for the structure along
Clarkson, but he does not completely understand the need for the wall for the remainder of
Clarkson .
Ms. Bray stated she understood Mr. Smith 's perspective, and she is not opposed to
changing the height towards the north end of South Clarkson. The y do not want the wall to
look like a huge barricade, but at the same time the y do want som e separation. People are
constantly coming onto their property; they jog onto their property; let their animals run
onto their property, etc.
Mr. Smith stated he would not object to some ty p e of open, wrought iron fencing on the
• northern 164 feet of South Clarkson, but a solid block wall the entire length is a fortress.
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Ms. Shotwell stated she drove by the property and there is an existing fence on the two
lots. There is a renovation on one, and the other house has not been renovated . Ms. Bra y
stated that is correct; the other house will be renovated soon . Ms. Shotwell asked how far
the garage or house is to the sidewalk. Ms. Bray responded that it is approximately three
feet. Ms. Shotwell stated then it is approximately six feet from people driving down South
Clarkson . She asked Ms . Bray if she thought South Clarkson was a well traveled street. Ms.
Bray stated the street is frequentl y used, and is looking for ways to slow traffic down, which
is her next project. People often go 50-60 mph; it's not that there is a lot of traffic; it's just
very fast moving. Ms. Shotwell asked if noise was also a problem. Ms. Bray stated that
noise is definitely a problem, but it is more on East Bates than on South Clarkson.
Mr. Green asked if it was due to East Bates being a dirt road. Ms. Bray stated it is partly
because it is dirt and also because the house is so close. The house was built in 1911
before the lane was built.
Mr. Cohn asked if the City ditch would be covered b y the wall. Ms. Bray stated they are
working on that with the Utilities Department. The y are proposing to run the wall along the
property line which will affect where the City ditch runs , which is a separate process. They
thought about jogging the wall over the City ditch, but they have had problems with
dumping, and decided to talk with City staff about making a larger change. City staff
would prefer bringing the ditch back five feet onto the property and make the wall straight.
They may choose to do that if it seems acceptable. Mr. Cohn asked if the wall along East
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Bates would go to the neighbor on the east. Ms. Bray stated it would run to the neighbor's
stucco wall on the east. The y have a large stucco wall as well. Ms. Bray stated their wall on
Bates would like very similar to their neighbor's large stucco wall.
Mr. Smith stated the variance request seems to be premature; there appear to be a lot of
unresolved issues -the Encroachment Agreement, the City Ditch issue. He still has an
issue with the northern half of South Clarkson. He can understand the six foot wall along
Bates and the corner on Clarkson, but does not want to see a solid six foot wall the entire
length of Clarkson.
Chair Carlston asked when the property was purchased. Ms. Bray stated they purchased
the property in 2001. Chair Carlston stated they were aware how close the house was to
the street when they purchased the property. Ms . Bray stated that was correct; however,
the y didn't realize how bad the issues would be until they actually started living in the
house .
Referring to the site plan, Chair Carlston confirmed that the request is not for the fence
along Bates Avenue. Chair Carlston asked if the y considered any other type of construction
for the fence on the corner. She understands that it is a safety issue for the applicants, but
she is concerned that if someone hits the wall the y could be seriousl y injured.
Ms. O 'Brien clarified Chair Carlston 's concern is for drivers that leave the roadway and
crash into a wall. Chair Carlston stated from the standpoint that the wall could be
increased from three feet to six feet. Mr. Sprecace st ated that at three feet the car could go
over the wall, which is worse .
Chair Carlston asked if there was originall y a fence where the addition is located. Ms. Bra y
responded yes; the y took down part of the fence. Ms. Bra y stated she has noticed a large
wall on Elati Street which is eight feet adjoining a private development. Those houses are
set back much farther from the street than her house, and the street is less bus y than South
Clarkson . It seems that there is precedence in the city for masonry walls.
Mr. Green asked for the height of the previous fence on Clarkson . Ms. Bray stated that it
was six feet. On Clarkson the fence went from six feet to four feet.
Anthony Fruchtl, Planner was sworn in . For clarification, the Encroachment Agreement is
obtained after the fence permit is applied for; the y are processed concurrently. With
regards to the Licensing Agreement to go over the City ditch and after speaking with the
applicant, the Utilities Department, and Public Works Department, the decision was if the
variance was granted the fence should be built first then they would know that they are
building a six foot fence. As the fence goes over the City ditch, there are certain types of
criteria for structural building that occur with that. If the Public Works Department knows
that they are reviewing a six foot fence, then they will be able to do the necessary
calculations . Those are the reasons why the applicant is before the Board asking for the
• variance first before obtaining the Encroachment Agreement and the Licensing Agreement.
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If the Board denies the variance, there will be different calculations involved for the City
ditch.
Mr. Smith asked what part of the fence could be replaced without the variance. Mr. Fruchtl
responded that any portion past the first 25 feet on East Bates can have a six foot fence.
Mr. Fruchtl approached the Board and showed the Board on the site plan the section of the
property requiring a variance for a si x foot fence .
Mr. Smith asked why the applicants could not replace the original six foot fence on South
Clarkson and on the corner of East Bates . Mr. Fruchtl responded that the original
Encroachment Agreement was specifically for a temporary wooden fence. If the applicants
were requesting a replacement for a wooden fence, there wouldn 't be a problem. By
changing the materials, it changes the language and requires a new Encroachment
Agreement and a variance. Mr. Fruchtl stated he has spoken with the City Attorney, and
he concurs .
Mr. Sprecace confirmed that along East Bates no variance is required. Mr. Fruchtl stated
that is correct, except for the first 25 feet.
Chair Carlston asked if the Board addresses the construction of the fence. Mr. Fruchtl
stated the construction of the fence will be reviewed by the Engineering Division. Since it
will be higher than four feet, it will require engineering specifications and will be reviewed
at the time of building permit.
Mr. Smith confirmed that there was no original variance . Mr. Fruchtl stated that was
correct. There w as an Encroachment Agreement and a temporary right to install a wooden
fence which was granted in 1968 b y City Council. The original variance was for a three
foot wooden fence along Clarkson which would actuall y now be located in the middle of
the street. After speaking with legal , the variance has been deemed null and void.
Mr. Smith stated it appears the City condemned some property and in order to compensate
for taking the property, they gave the owners a 35-y ear, temporary fence; now the owners
cannot rebuild the fence.
Ms. Shotwell stated that in reading paragraph 3 in the 1968 Agreement, that the reason it
was temporary was because the City might need to take more property. Mr. Fruchtl stated
the reason paragraph 3 is included in the Agreement, and continues to be included in
Encroachment Agreements, is if there is ever a need for work to be done in the City right of
way or to widen the sidewalks, it lets the owner know that the City has reserved the right to
remove the fence and that it is the responsibility of the property owner to remove the fence
and incur the associated costs . In essence, the owner is granted the right to place the fence
on the City's property with the understanding they ma y at some point have to remove it, at
their cost, should the City need to access the property to conduct maintenance.
Ms. Shotwell stated it is reasonable to assume that at the time the owners wanted to build a
wood fence, and it could have just as easily been a stone fence . It seems to be semantics.
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Ms. Shotwell asked staff whether it was imperative that it be a wood fence at the time the
Agreement was written. Mr. Fruchtl responded that he did not know the answer.
Mr. Smith stated that as an attorney that represents government, any time governments
allow people to build things on city property it is a license that the government can make
the owners move it at anytime for any reason because they do not want to give them a
permanent right unless the property is sold.
Mr. Brotzman stated the City does that in all their agreements, especially concerning the
City ditch. Concerning the materials, he stated it was probably the materials used at the
time. The old Code had 50 percent for a solid fence. A stone fence would be different
than a wood fence .
Mr. Sprecace stated he is concerned about the fence running the whole length of South
Clarkson. The applicant stated she was flexible for the northern section of South Clarkson.
He has no problem with the six foot fence along East Bates and around the house, but
doesn 't want to see it down the whole length of Clarkson . He feels it will look like a
fortified compound, and will not look aestheticall y pleasing. He asked the applicant how
firm she was on having a six foot fence on the northern half of South Clarkson.
Ms. Bray stated she is flexible on that portion; it is a trade off. She was told by staff that the
aesthetics were not going to be considered, so she did not focus on speaking to the
aesthetics because they are subjective .
Mr. Smith stated he has the same concerns as Mr. Sprecace; however, he is not talking
about aesthetics. He is talking about a walled, two-acre lot; openness vs . closed. He is not
concerned what color or material the wall is made out of; he is concerned that it is a
concrete barrier.
Ms. Bray stated a lot of people build houses that she would consider aesthetically not
pleasing in Englewood and she does not get to have a say on their aesthetics. She stated
that they are calling it a "barrier", but she hears them saying that it is an "aesthetic barrier."
It is private property, not a public park. Her house is the closest house to South Clarkson ;
no other house on South Clarkson is as close to the street as her house .
Chair Carlston clarified with staff that the Board does not rule on the aesthetics of the
fence; they rule on the height with regard to the variance. Mr. Fruchtl stated that was
correct.
Ms. Bray stated they are proposing to move' the fence on the corner closer to the house
then it currently is located . They are proposing to bevel the edge of the fence and bring
back the fence on East Bates three feet.
Mr. Sprecace confirmed that the current fence is six feet over their property line, and asked
if there was an easement. Ms. Bray stated there is the Agreement that has been discussed,
• and they are proposing to change it to three feet.
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There were no other persons present to testify for or against the variance. Chair Carlston
incorporated the staff report and ex hibits into the record and closed the public hearing.
Ms. O 'Brien moved;
Mr. Smith seconded:
THAT CASE #VAR0504-0001 , 2890 SOUTH CLARKSON STREET, BE GRANTED A
VARIANCE TO EXCEED THE MAXIMUM ALLOWED HEIGHT OF A 3 FOOT SOLID
FENCE IN THE FRONT SETBACK BY 3 FEET WITH THE FOLLOWING
CONDITIONS:
1. THE FENCE MUST BE LOCATED IN THE SAME LOCATION AS
DEMONSTRATED ON THE ATIACHED SITE PLAN ; AND
2. THE APPLICANTS MUST RECEIVE PERMISSION TO LOCATE THE FENCE
WITHIN THE CITY RIGHT OF WAY THROUGH AN ENCROACHMENT
AGREEMENT WHICH REPLACES THE 1968 ENCROACHMENT
AGREEME N T; AND
3. THE APPLICANTS MUST COMPLY WITH ALL CITY OF ENGLEWOOD
UTILITY DEP A RTMENT'S REQUIREMENTS CONCERNING LICENSE
AGREEMENTS PERTAI N IN G TO THE CITY DITCH .
THIS IS A VARIANCE TO TABLE 16-6-6.2 OF THE ENGLEWOOD MUNICIPAL
CODE.
Ms . O 'Brien stated there are unique circumstances since the house is so close to the street,
and she is not as concerned as some of her fellow Board members are of a huge barrier .
She believes it is six foot fence, and the applicants are considering aesthetics.
Ms . Shotwell stated she belie v es there are unique ph y sical conditions with respect to the
property. Thirty feet was taken b y the City so it is not a self-imposed hardship. The
proximity of the house to the street, in light of the 30 foot taking, does create a safety and
privacy issue; it also creates a problem with the health, safety, and welfare. It does not
impair the development of the other properties or alter the character of the neighborhood.
She stated that aesthetics are subjective. It appears to be in keeping of the essential
character of the neighborhood.
Mr. Sprecace stated that he believes the six 'foot fence to the northern 164 feet on South
Clarkson will alter the character of the neighborhood. There are no other six foot walls in
that area. He has no problem with the first 100 feet. It will look like an ey esore the entire
length.
Mr. Green stated he agreed; it is out of character in the neighborhood. He understands it
needs the protection, but going the full length makes the property a fortress and makes it
out of character with the other houses in the neighborhood.
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Chair Carlston stated the request is for a six foot fence . It could be open wrought iron or it
could be masonry. It is not the Board's job to say what material the fence is made out of.
Mr . Smith stated the Ordinance talks about the difference between solid and open
construction. Chair Carlston stated she clarified with staff whether or not the Board needed
to address the materials , and staff stated the Board addresses the height only . Mr . Smith
stated the Board does not address aesthetics, but there is a difference between open and
solid construction.
Ms. Shotwell stated aesthetics is not an issue; safety is an issue. Part of the problem is that
the wood fence presents a safety issue; there needs to be a stronger barrier. The house is
extremely close to the sidewalk and to the street; there is no privacy .
Mr. Smith stated he agrees and that is why he has no problem with the southerly 100 feet
which protects the house .
Mr . Green stated he does not believe the extra 164 feet is a safety issue.
Chair Carlston asked Mr. Smith if he was proposing an amendment to the motion.
Mr. Smith stated either that or votin g no and allowing the applicants to reappl y for another
variance. He stated he cannot vote for the motion as presented, but can vote for a motion
to allow a six foot fence for the southerly 100 feet and allow the applicants to come back
to the Board for another variance for th e northerly 164 feet if that helps get the process
moving.
Ms . O'Brien stated there are clearl y three Board members who have indicated they oppose
the motion. It may make sense to change the motion . Mr. Smith stated that he would not
object to changing the motion to reflect that it is the southern 100 feet of South Clarkson
and the first 25 feet of East Bates.
Discussion ensued .
Ms. Shotwell stated she had no objection to the suggested changes, but 100 feet may not
be enough to protect the house . Chair Carlston stated she believes it is a starting point
based on the site plan. Ms. Shotwell stated she believes the house extends further than
100 feet on South Clarkson.
Mr . Smith stated the danger comes from people turning the corner . Ms . Shotwell stated
the house is very close to the street along the enter length of South Clarkson that it is still a
matter of safety. Ms. O'Brien agreed.
Chair Carlston stated the depth of the property is 264 feet; half of that would be 132 feet.
Mr. Fruchtl stated he could clarify a couple of issues if permitted. With regards to wanting
to protect the house, something that could be taken into consideration by the Board is that
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the variance can extend to the northern tip of the house that way the fence covers the
house . Ms. O 'Brien suggested adding "as currently constructed."
Mr. Smith stated he didn 't have an objection to that language assuming the City Attorney's
office can have it measured and draw up an appropriate Agreement.
Mr. Sprecace stated the new portion of the house is set back significantly from the street.
The older portion of the house is approximately five feet from the street. Ms. O'Brien
stated that if it were her house she would not want to see the fence stop at some mid-point
of the house .
Discussion ensued. Mr. Sprecace stated he wanted to know the significance of the 100
feet.
Chair Carlston reopened the public he aring.
Mr. Fruchtl stated the significance of the 100 feet is the existing fence that encroaches into
the City right of way .
Mr. Smith asked if the Board granted a six foot fence for 100 feet on Clarkson if that would
cover the house. Mr. Fruchtl stat ed he did not know, but can get the approv ed plans from
his office, and determine where the house is located on the property .
The Board took a short recess .
Mr. Fruchtl stated the most northern tip of the original house is 118 feet along South
Clarkson . Mr. Smith asked if that included the garage. Mr. Fruchtl stated that does not
include the garage .
Ms. Bray stated she wished to make a couple of points. The adjoining property to the east
has a 250 foot, six foot stucco wall. Mr. Sprecace stated he has seen that wall. Ms. Bra y
stated that in terms of the neighborhood, she wanted to point out the stucco wall and there
are other six foot wooden fences in the neighborhood.
Ms. Bra y stated that there is a neighbor across the street that is a convicted sexual
pedophile. She has been in touch with the District Attorney in the last few months about
this neighbor since the crime, which was extreme, just happened and it was against two
girls . She has three young girls . This neighbor wanders into their yard through South
Clarkson. She has four children and she would like them to feel safe playing i n their
backy ard and not have to worry that some stranger with very serious problems who might
come into their backyard . He is on the registered sexual offender list. This also led to their
decision to request the variance for the fence along South Clarkson .
There were no further questions for staff or the applicant; Chair Carlston closed the public
hearing.
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Mr. Smith suggested a friendly amendment to the motion as follows:
THAT CASE #VAR0504-0001, 2890 SOUTH CLARKSON STREET, BE GRANTED A
VARIANCE TO EXCEED THE MAXIMUM ALLOWED HEIGHT OF A 3 FOOT SOLID
FENCE IN THE FRONT SETBACK BY 3 FEET FOR THE SOUTHERLY 118 FEET OF
SOUTH CLARKSON STREET AND FOR THAT PORTION OF EAST BATES AVENUE
FOR WHICH A VARIANCE IS REQUIRED WITH THE FOLLOWING CONDITIONS:
1. THE FENCE MUST BE LOCATED IN THE SAME LOCATION AS
DEMONSTRATED ON THE ATIACHED SITE PLAN; AND
2 . THE APPLICANTS MUST RECEIVE PERMISSION TO LOCATE THE FENCE
WITHIN THE CITY RIGHT OF WAY THROUGH AN ENCROACHMENT
AGREEMENT WHICH REPLACES THE 1968 ENCROACHMENT
AGREEMENT; AND
3. THE APPLICANTS MUST COMPLY WITH ALL CITY OF ENGLEW O OD
UTILITY DEPARTMENT'S REQUIREMENTS CONCERNING LICENSE
AGREEMENTS PERTAINING TO THE CITY DITCH.
THIS IS A VARIANCE TO TABLE 16-6-6 .2 OF THE ENGLEWOOD MUNICIPAL
CODE .
Ms. O 'Brien accepted the friendl y amendment. Ms. O 'Brien stated the applicant can still
come back to the Board for the northern portion of South Clarkson for a combination of a
solid and open fence .
Ms . Shotwell stated that the applicant raised issues that are worth y of consideration; there
are other six foot solid walls in the neighborhood . Her request does not change the
character of the neighborhood . There are also man y six foot wooden fences i n the
neighborhood . With the safety, privacy, and noise issues, there appear to be sufficient
justification that the applicant has met the standard for the wall. Ms. Shotwell requested
the Board discuss those justifications before they are discarded.
Ms. O 'Brien stated she agreed; she doesn 't see the wall as a change in the character
especially when there is a 250 feet of solid wall adjacent to the property.
Mr. Smith stated that wall is on East Bates. Mr. Sprecace stated that South Clarkson is a
major street; there are more houses on that 'street and more traffic on that street than on
Bates. He also doesn't agree with the wall on Bates ; it is an eyesore and also ruins the
character of the neighborhood. It is also the onl y concrete wall in the area that he knows
of; there are wooden fences , but no other concrete walls.
Ms. O'Brien asked what the difference was between a solid wood fence and a conc rete or
stucco wall. Mr. Sprecace stated it looks different; there is a difference. It has a different
texture; it looks like a fortress. Ms. O 'Brien asked if he was concerned with the aesthetics
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versus that it is changing the character of the neighborhood. Mr. Sprecace responded that
if the wall is put the entire length of Clarkson, it will be the only wall on the area except for
the other wall on East Bates.
Discussion ensued.
With no further discussion, the secretary polled the members' votes.
Mr. Smith stated he voted yes for the reasons stated by Ms. Shotwell earlier.
Mr. Green vote yes concurring with Ms. Shotwell.
Mr. Sprecace stated he voted yes. The variance is not a self-imposed difficulty or hardship.
It does not permanently impair the use or development of the adjacent properties. It does
not alter the character of the neighborhood. It is within the intent of the regulations and
there are unique physical conditions and history to the property.
Ms. O 'Brien stated she voted yes concurring with the other Board members.
Ms. Shotwell stated she voted yes for the reasons she stated earlier.
Mr. Cohn stated he voted yes. The applicant clearly met all four criteria for granting a
variance .
Chair Carlston stated she voted ye s for the reasons she stated earlier.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Carlston, Cohn, Green, O 'Brien , Shotwell, Smith , Sprecace
None
None
None
The Chair announced the motion approved by a 7-0 vote.
The Chair instructed the applicant to contact the Planning staff for any additional or
necessary information .
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Ill . APPROVAL OF MINUTES
Chair Carlston asked for consideration of the Minutes from the April 13 , 2005 public
hearing.
Mr. Smith moved;
Ms . O 'Brien seconded: THE MINUTES OF APRIL 13 , 2005 BE APPROVED.
AYES:
NAYS:
Carlston, Cohn , Green, O 'Brien , Smith , Sprecace
None
ABSTAIN: Shotwell
ABSENT: None
The Chair announced the motion approved b y a 6-0 vote.
IV. APPROVAL OF FINDINGS OF FACT
Mr. Smith mov ed ;
Mr. Sprecace seconded :
THE FINDINGS OF FACT IN CASE #VAR0503-0001, 3715 SOUTH BANNOCK
STREET, AND CASE #VAR0503 -0002 , 4 2 98 SOUTH LIPAN STREET, BE APPROVED
AS WRITIEN .
AYES:
NAYS:
ABSTAIN:
ABSENT:
Carlston, Cohn, Green, O 'Brien , Smith , Sprecace
None
Shotwell
None
The motion carried. The Chair announced the motion approved by a 6-0 vote .
V. STAFF ADVISOR'S CHOICE
Mr. Fruchtl stated there are no cases scheduled June. The Board decided not to meet in
June.
VI. CITY ATTORNEY'S CHOICE
Mr. Brotzman stated he had nothing further.
VII. BOARD MEMBER'S CHOICE
Mr. Smith stated Arapahoe County has aerial and tax parcel maps of properties available
online now. He requested that staff provide the Board with those maps in the future .
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There was no further business brought before the Board. The regular meeting was declared
adjourned at 9 :30 p.m .
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