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HomeMy WebLinkAbout2008-08-10 BAA MINUTES• • • CllY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES SEPTEMBER 1 O, 2008 1. Call to Order 2. Roll Call Roll Call. Present: John Smith 111, Marcia O'Brien, Douglas Cohn, Carson Green, Sue Purdy, David Sprecace, Miodrag Budisa, Staff-Assistant City Attorney Nancy Reid (Not voting), Staff-CD Planner Brook Bell (Not voting). Chair Smith stated there were seven 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 appea l 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 var iance before testimony is taken. 3. Public Hearing: Case #VAR2008-0005 Kevin Morbee 4367 South Logan Street Chair Smith stated he had proof of publication and posting. He introduced the case by stating it is a variance to encroach 19.5 feet into the required 25 foot front setback. This is a variance to Table 16-6-1.1 of the Englewood Municipal Code. Brook Bell, Senior Planner, was sworn in. Mr. Bell presented a brief PowerPoint presentation and overview of the property and variance case. • Kevin Morbee, 4367 South Logan Street, was sworn in. The applicant testified the main reasons for the variance are: • There is no shelter against the weather. • The sun shines in through the front and it is intense . • There is approximately an 18-inch drop off. The porch would increase safety. • It would enhance the aesthetics of the house . Mr. Cohn and the applicant discussed the existing concrete pad. Chair Smith distributed the two additional neighbors' statements to the other Board Members. Mr. Miodrag asked Mr. Morbee questions regarding the vent in the photograph. Mr. Morbee stated it is a window in the attic which can be opened. Mr. Bell stated that in addition to the subject property, there are 4 other houses on the block that encroach into the setback. There are 5 total out of 11 that encroach, and all 5 were constructed prior to zoning. If the variance is granted, the porch will be • approximately 9 feet from the edge of the sidewalk. • 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. Motion: THAT CASE VAR2008-005 FOR 4367 SOUTH LOGAN STREET BE GRANTED A VARIANCE TO ENCROACH 19.5 FEET INTO THE REQUIRED 25 FOOT FRONT SETBACK . THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Marcia O'Brien, Seconded by Carson Green With no further discussion, the secretary polled the members ' votes. Mr. Green voted yes; approximately one-third of the house currently encroaches into the setback. The door is almost on the sidewalk and it is a busy street. It will enhance safety for whoever owns the house. It fits within the neighborhood and other houses on the block have the luxury of a porch, which also encroach into the front setback. It is not self- imposed. The house was constructed prior to zoning regulations. The applicant's only option would be to rebuild the entire house . Ms. Purdy, Mr. Sprecace, Ms. O'Brien, Mr. Cohn, Mr. Budisa, and Chair Smith voted yes , concurring with Mr. Green. • Vote: Motion carried b y unanimous roll call vote (summary: Yes= 7). • • Yes: Carson Green, David Sprecace, Douglas Cohn, John Smith Ill , Marcia O'Brien, Miodrag Budisa, Sue Purdy. 4. Approval of Minutes a. Case #VAR2008 -004, 2866 South Broadway Chair Smith stated he had a correction in the Minutes. The word "where " should be "were " and the word na'1'vete is misspelled on page 3. Motion: Approve Minutes of July 9, 2008 as amended . Moved by Carson Green, Seconded by David Sprecace. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7). Yes: Carson Green, David Sprecace, Douglas Cohn, John Smith 111, Marcia O'Brien, Miodrag Budisa , Sue Purd y . 5. Approval of Findings of Fact a. Case #VAR2008-004, 2866 South Broadway Motion: Approve Findings of Fact in Case #VAR2008-004, 2866 South Broadway Moved by Carson Green, Seconded by David Sprecace. Vote: Motion carried b y unanimous roll call vote (summary: Yes= 7). Yes: Carson Green, David Sprecace, Douglas Cohn, John Smith 111 , Marcia O'Brien, Miodrag Budisa, Sue Purd y . 6. Staff's Choice Mr. Bell stated there will be two cases at the October hearing. 7. Attorney's Choice Ms . Reid had nothing further . • • • 8. Board Member's Choice Mr. Green thanked the City for the Board /Commission Appreciation Night. He enjoyed the waterslides and chilling in the Lazy River with Mayor Woodward. The Board and Ms. Reid discussed ex parte communication and open records laws . 9 . Adjourn There was no further business brought before the Board . The regular meeting was declared adjourned at 7:40 p.m .