HomeMy WebLinkAbout2006-10-11 BAA MINUTES'
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
October 11 , 2006
I. CALL TO ORDER
The regular meeting of the Englewood Board of Adj u stment and Appeals was called to
ord er at 7:00 p.111. in the Englewood City Council Chambers, Chair Smith presiding .
Memb ers present:
Members absent:
Staff present:
Carlston, Cohn, Green, O'Brien (ente red at 7 :05), Shotwell, Smith,
Sprecace
None
Brook Be ll , Planner
Nancy Reid , Assistant City Attorney
Chair Smith st at ed there were six members present; therefore, five affirmative votes are
required to grant a variance or appeal.
Chair Smith stated that the Board of Adjustment and Appeals is empowered to grant or
deny variances by Part 111 , 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 fo1· constr uction associated with an approved variance
will not be issu ed until the appeal period is ended . Buil ding permits must be obtained and
construction begun within 180 days of the variance 's effective date .
Chair Smith set forth parameters for the hearing : The case will be introdu ced; app li cants
wil l present their req uest and reasons the var ian ce should be granted; proponents will be
given an oppmtunity to speak; opponents wi ll address the Board; and then staff will address
the Bo ard. Staff will give a pre limin ary overview of the variance before testimony is taken.
II. CASE #VAR2006-00007
Martha Hahn and Cra ig Hulburt
237 West Che n ango Avenue
Chair Smith stated he had proof of posting and pub li cation. Befo re opening the public
hearing, Cha i r Sm ith asked Ms. Reid if the Board is to interpret the Code as writte n or the
intent of the Code. Chair Smith stated the staff report indicates that the short side is the
front, but the intent is that it goes w ith the long side of the block. Ms. Reid stated that is
correct. Chair Smith asked why the applicants need a variance. Ms. Reid stated staff does
not have the autho ri ty to grant a variance. Staff must comply with the letter of the
Ordinance ev e n though they admit and address the fact that th e intent of the Ordinance is
normally to go with the long side. Chair Smith stated the Ordinance indicates that the short
side is the front.
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Ms. Reid stated th e sect ion Chair Smith is refer e nc ing is 16-6-1 :D.2.a, Residential Corner Lot
Regulations, which states:
"The minimum front setback requirement stated in Tab le 1-6 -6 -1. 1 above sh all apply to
the shorter side of a recta ngular-sh aped comer lot, and th e side se tb ack sha ll apply to
the long s ide of the lot. Th e intent is to app ly the front setback to the side of th e
corner lot that aligns with the front yards and se tb acks of homes located on the lon g
side of the same b lock."
C hair Smith stated give n the fir st sentence why is a variance ne eded in this case. Mr. Bell
stated because of the seco nd sentence which was meant to clarify th e first sentence. Most
lots in th e City comp ly with both of the sente nces. It is the unique lots which d o not
comply w ith both se ntences . Chair Smith clarified that the short side faces Chenango. Mr.
Bell stated that was correct. Chair Smith asked why that was considered the side yard .
Refe rring to the section c ited above, Mr. Bell stated due to the second se ntence.
Chair Smith asked for a legal opinion frorn Ms. Reid . After rev iewin g the O rdin ance and
the app li cants' site plan, Ms. Reid stated her le ga l opinion is th at a variance is not nee ded .
If the appl icants wish to be safe and not wa nt problems, the Board m ay wi sh to grant them
a variance .
Mr. Bell stated there is no oppos ition from any City department or any neighbors . Ms. Reid
sta ted the intent is that every thin g match es along Cherokee which is the long blo ck, as
opposed to Chenango, the short block and lo t s are normally add ress e d with referen ce to
the lon g b lock. That is not the case here. This property is addressed on Ch enango. Th ere
;s no way to make this particular block m atc h; therefore, the applicants don't nee d a
varia nce.
Mr. Spr ecace m oved;
Mr. Cohn seconded :
TO ACCEPT THE OPINION OF THE ASSISTANT CITY
ATIORNEY THAT NO VARIANCE IS NEEDED IN CASE
#VAR2006-00007, 237 WEST CHENANGO AVENUE.
AYES:
NAYS:
Carlston , Cohn, Green, O'Brien, Shotwell, Smith , Sprecace
None
ABSTAIN: Non e
ABSENT: None
Motion ca rri ed. Th e Chair announ ced th e motion approved by a 7-0 vote.
Cha ir Smith in str u cte d the appl icants that they cou ld build their fence. He confirmed that a
variance was not needed for Cherokee Street. Mr. Bell state d the fence can be directly on
the side property lin e. Chair Smith stated the applicants will not ne ed to w ait 30 days to
app ly for their permit.
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111. APPROVAL OF MINUTES
Ms. Carlston moved;
Mr. Green seconded: TO APPROVE THE SEPTEMBER 13, 2006 MINUTES .
AYES: Carlston, Green, O'Brien, Smith, Sprecace
NAYS: None
ABSTAIN: Cohn, Shotwe ll
ABSENT: None
Motion carr ied. The Chair anno un ced the motion approved by a 5-0 vote.
IV. APPROVAL OF FINDINGS OF FACT
Mr. Sprecace moved;
Ms. O'Brien seconded: THE FINDINGS OF FACT IN CASE #VAR2006-00006, 2836
SOUTH SHERMAN STREET, BE APPROVED AS WRITTEN.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Carlston, Green, O'Brien, Smith , Sprecace
None
Cohn, Shotwel l
None
Motion carried. The Chair announced the motion approved by a 5-0 vote.
V. STAFF ADVISOR'S CHOICE
Mr. Bell stated there is a variance case scheduled for the November meeting.
VI. CITY ATTORNEY'S CHOICE
Ms. Reid had nothing further.
VII. BOARD MEMBER'S CHOICE
Mr. Cohn asked about the Motion to Reconsider. Ms. Reid stated i t is tabled unless
someone removes it.
Ms. O 'Brien apo logized for being late .
Chair Smith stated there seems to be a lack of communication between staff and the City
Attorney . Staff should consult with the City Attorney on interpretation of the Ord inan ce so
these situations don't occur and citizens have to wait unnecessa rily perm its. Chair Smith
stated this situation has occurred at least three times .
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• There was no further business brought before the Board. The regular meeting was declared
adjourned at 7:20
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