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HomeMy WebLinkAbout2007-06-13 BAA MINUTES• • • MINUTES BOARD OF ADJUSTMENT AND APPEALS June 13, 2007 I. CALL TO ORDER The regular meeting of the Englewood Board of Adjustment and Appeals was called to order at 7:00 p.m. in the Englewood City Council Chambers, Chair Smith presiding. Members present: Carlston, Cohn, Green, Shotwell, Smith Members absent: O'Brien, Sprecace (Excused) Staff present: Brook Bell, Planner Nancy Reid, Assistant City Attorney Chair Smith stated there were five members present; therefore, four 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 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. Chair Smith 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. Staff will give a preliminary overview of the variance before testimony is taken. II. CASE #VAR2007-001 Michael Wenham 3001 South Acoma Street Chair Smith stated he had proof of publication for May 9, 2007. A quorum was not present for the May 9 meeting, therefore, the meeting was continued to June 13. Chair Smith stated he also had proof of posting of the property signed by the applicant. He introduced the case by stating it is a variance to encroach 11 .5 feet into the required 1 5 foot front setback. This is a variance to Table 16-6-1.1 of the Englewood Municipal Code. Chair Smith opened the public hearing. Brook Bell, Planner was sworn. Mr. Bell provided a brief PowerPoint presentation of the project. The Mayflower Church is located at the southwest corner of Cornell Avenue and Acoma Street. The lot is approximately 100' x 125', and is zoned MU-R-3-B. The main • • • portion of the church was built in 1910 w ith an addition built in 1955. The existing church is approximately 7,000 square feet. The proposed tower is approximately 416 square feet. The ex istin g building curre ntl y en croaches into all the setbacks. Michael Wenham, 2130 Gaylord Street, was sworn in. Th e ch urch has a unique problem with access ib ility. They were n ot ab le to come up with a design solution which maintained the existing architecture and the setbacks. Members of the church are very excited about the project. Mr. Wenham stated the justifications for the variance are contained within the Board's packet. Mr. Wenham asked if the Board had any questions. Mr. Green stated 3015 South Acoma doesn't show a Neighbor Notification; he asked if that neighbor was giv en the opportunity to si gn a statement sin ce it is the closest to the church. Mr. Wenham responded th at he believes the property is a rental, and the church attempted to notify them of the project and were not ab le to obtain a response. Cha ir Smith asked if anyone attempted to co ntact the property owner. Mr. Wenham responded that he be li eved the church sec retary made efforts to do so. Chair Smith asked if the proposed design was the on ly way to make the church handicapped accessible. Mr. Wenham stated this is the only design that would not interfere with the existing sta in ed glass windows of the ch urc h . Mr. Wenham introduced two drawin gs of exist in g elevatio ns to the Board. Chair Smith marked them Exhib it A and Exhibit B. Th e Board reviewed the two exhibits. The proposed tower is far eno u gh away from adjacent properties and intersectio ns that it does not pose any sight limitations or cast shadows. Ms. Shotwell confirmed that the add iti o n wi ll co ntain an elevator; she asked if it in creases the safety of the bu ildin g. Mr. Wenham responded it will be fully comp li ant with the 2006 Internationa l Building Code. It w ill be a regularly serviced e levator; it will be a sing le car, 2- door, 3-stop elevator. Th ere c urre ntly isn't a way for the elderly to get up into the sanctuary without assistance. It has been a deterre nt for them in the winter to attend c hurch . There are no ramps or elevator. Th e stairs to the basement due not meet Code; they are 28 in ches wide with a 6' 4" head clearance. Th e improveme nt wou ld bring the building up to Code at least in respect to egress and fire safety. Chair Smith asked if the basement stairs would be fixed. Mr. Wenham stated that was correct. Ms. Car lston asked if the add ition brings the ch urch in compl iance with the American with Disabilities Act. The other restroom does not appear to be handicapped access ibl e. Mr. Wenham stated that was correct. Ms. Shotwell clar ifi ed that the inter ior floor plan is not conducive to locati n g the tower further to the west. Mr. Wenham stated it would compro mi se the c h aracter of the church. He designed the addition in keeping with the character and the proper placement for a tower which he believes is on the corner of the church. An entrance in the middle wou ld be difficult due to today's standards for space needed between operable doors. Pews in the middle of the church would need to be removed which is n ot an acceptable sol uti on . 2 • • • Mr. Bell stated the variance was forwarded to seven City departments and there were no objections to the request. The applicant and he had several discussions regarding various ways to accomplish the goals with creating an entry into the building while still respecting the church's architecture and the character of the neighborhood. He believes there has been a good faith effort made on the applicant's part. Chair Smith pointed out there is a previous sign variance on the property. There were no other persons present to testify for or against the variance. Chair Smith incorporated the staff report and exhibits into the record and closed the public hearing. Mr. Cohn moved; Ms. Carlston seconded: THAT CASE VAR2007-001, 3001 SOUTH ACOMA, BE GRANTED A VARIANCE TO ENCROACH 11.5 FEET INTO THE REQUIRED 15 FOOT FRONT SETBACK. THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE. Mr. Cohn stated he liked the proposed solution and it is a great idea. Ms. Shotwell stated the church appears to be an historic building, and the City has an interest in preserving and promoting the aesthetic of the stained glass windows and the building itself. With no further discussion, the secretary polled the members' votes. Mr. Green stated he voted yes. There are unique physical conditions. The building currently encroaches into the setbacks. The church needs the entrance for both the egress from the basement and access to the elevator for the disabled. The church needs easier access to the restroom. The only other option is to cover the stained glass windows. Regarding the second criterion, egress from the basement will be improved. Access to the restrooms will be improved for the disabled. Regarding the third criterion, it will not change the character of the neighborhood. The proposed addition is the same character of the building; there are two other towers. There is still space between the addition and the neighboring property. It will not impair the use or development of adjacent properties. It is not a self-imposed hardship. The church was built before there were any zoning regulations. Ms. Carlston stated she voted yes concurring with Mr. Green. It further meets the second criterion in that it complies with the American with Disabilities Act. Mr. Cohn and Ms. Shotwell stated they voted yes concurring with Mr. Green . 3 • • • Chair Smith stated he voted yes concurring with Mr. Green. Further, any improvement to the building would require, under federal law, to do as much. They had a choice of either violating Englewood's ordinance, and requesting the variance, or violating federal law. AYES: NAYS: ABSTAIN: ABSENT: Carlston, Cohn, Green, Shotwell, Smith None None O'Brien, Sprecace Motion carried. Th e Chair announced the motion approved by a 5-0 vote. Th e Chair instructed the applicant to co ntact staff for any additional or necessary information. Chair Smith stated Donald Seymour, a former Board member of 26 years, was in the audience and it is 73rd birthday. The Board welcomed Mr. Seymour and wished him a Happy Birthday. Ill. APPROVAL OF TELEPHONE POLL Mr. Cohn moved; Ms. Carlston seconded: TO APPROVE THE FEBRUARY 14, 2007 EMAIL POLL. AYES: NAYS: Carlston, Cohn, Green, Shotwell, Smith None ABSTAIN: None ABSENT: O'Brien, Sprecace Motion carr ied . The Chair announced the motion approved by a 5-0 vote. IV. ELECTIONS Chair Smith called for nominations of Chair. Ms. Carlston moved; Mr. Green seconded: TO ELECT JOHN SMITH AS CHAIR. AYES: NAYS: ABSTAIN: ABSENT: Carlston, Cohn, Green, Shotwell, Smith None None O'Brien, Sprecace Motion carr ied. The Chair announced the motion approved by a 5-0 vote. Chair Smith ca lled for nominations of Vice Chair. Mr. Cohn nominated Ms. Shotwell. Ms. Shotwell declined the nomination . 4 • Ms. Car lston moved; Mr. Green seconded: TO ELECT MARCIA O'BR IEN AS VICE CHA IR . AYES: NAYS: Car lston, Cohn, Green, Shotwell, Smith None ABSTAIN: None ABSENT: O'Brien, Sprecace V. STAFF ADVISOR'S CHOICE Mr. Be ll stated Mr. Randall Sampson , who attended a few Board meetings and interviewed a few Board members, finished his Master's th es is and provided a copy for the Board. If the Board is in terested in reviewing it, please see staff. One case is scheduled for the July hearing for a group home requiring a reduction in distance from a school. VI. CITY ATTORNEY'S CHOICE Ms. Reid stated she had nothing further. VII. BOARD MEMBER'S CHOICE • Mr. Cohn invited the Board to Englewood Days in September. • Chair Smith noted that Mr. Cohn, Ms. O'Brien, Mr. Sprecace, an d Ms. Purdy were reappointed by City Council to the Board. There was no further b usiness broug ht before the Board. The regular meeting was declared adjourned at 7:40p .m . 5