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HomeMy WebLinkAbout2008-04-09 BAA MINUTES• • • 1. Call to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES APRIL 9, 2008 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. fl) 2 . Roll Call Present: John Smith Ill , Marcia O'Brien (entered at 7:05 pm ), Douglas Cohn, Carson Green, Sue Purd y, David Sprecace, Miodrag Budisa . Nancy Reid, Assistant City Attorney; Tricia Langon, Senior Planner; Brook Bell, Planner Chair Smith stated there were seven members present; therefore, five affirmative votes ar e required to grant a variance or appeal. Cha i r 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 b e obtained and construction begun within 180 da y s 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 th e Board; and then staff will address the Board . Staff will give a preliminary overview of the variance before testimony is taken. ~ • 3. Public Hearing: CASE #VAR2008-001 The Joshua School 2303 East Dartmouth Avenue Chair Smith stated he had proof of publication and posting. He introduced the case by stating it is a variance to reduce the r eq uired 200 feet lot width to 159 feet and to encroach 8.4 feet into the required 25 feet side setback. These are variances to Table 16-6- 1.1 of the Englewood Municipal Code. Tricia Langon, Senior Planner was sworn in. She reviewed the vicinity map, map showing location of neighbor's who signed statements, and the site plan of the property; all of which were included in the Board's packet. Ms. Langon reviewed the variance request; she pointed out that the request is not a use variance request. it is a request for dimensional standards for lot width and side setback. If the variance is granted, the applicant proposes vacating all previous variances associated with the property. The property would then return to R-1 -A status . Chair Smith confirmed that if the variance is granted, the property would never be able to use it for law offices again . Ms. Langon responded that was correct; the property would revert to only those uses allowed in the R-1-A zone district. • Tom Dougherty, of Rothberger Johnson & Lyons, 1200 171 " Street, Suite 3000, was sworn in . He introduced his associate Nicole Lampe and Jason Gruhl, Director of The Joshua School. The variance request will only provide a legal basis for what has existed on the property for more than 20 years. The request is unique in that if the request is granted there will not be any change on the property. The building will remain as it is and the lot will remain the same. • He has reviewed the staff report and is in agreement with staff's analysis. The Board asked him to summarize his justification for each criterion . Regarding th e first criterion, Mr. Dougherty testified that the history of the property is that when the property was created and the house was moved to its present location, everything satisfied the applicable City Code requirements in terms of lot dimensions and the use of the property as a residence. Using the Brown Mansion for resid ential purposes has been extremely difficult. The previous owners tried to sell the property as a residence and were unable to do so. The Board previously approved the property to be used for professional uses . The current issues are a result of the changes in the zoning for the lot. As pointed out by staff, one of the interesting aspects of the 200 foot, non-residential requirement is there is no explanation in the Code as to where that came from. He believes staff has correctly analyzed this issue in terms of describing the relationship of lot width to lot area. The • • • minimum lot area for this property well exceeds the requirement given the depth of the lot. The lot area is 2.75 more than required size for a non-residential lot. Regarding the second criterion, the property is zoned R 1 A. The Joshua School meets the definition of a school, which is a permitted use in the R 1 A zone district if it meets the other requirements . The effect of granting the variance would be to discontinue the lon gstanding professional uses in the building. This action will restore uses to the property that are inherent for the R-1-A district as contained in the UDC. Profession al office uses, which are not permitted in this zone district under the current Code, will be eliminated. The essential character of the neighborhood will be restored. Except for a small development to the northeast, all of the adjacent properties are fully developed. To the south and west of the property are long standing single-family residences. The Korean Church is to the east of the property. The church and most of the residents support the variance request. Properties to the north are located within the City and County of Denver. Since the surrounding properties are essentially fully developed as residential and given that there will be no change from an aesthetic or external standpoint, it is his position that the third criterion is met. Granting the variance will allow a use on the property that is more consistent with the use and development of the adjacent properties . The variance is a result of the unique size , shape and history of the property. It is also affected by the change in the Ordinance in 1985, wherein the City effectively took away the ability to have non-residential uses on the property. He believes staff has accurately analyzed and stated the position with regards to the fourth criterion . In terms of communicating with the nei ghborhood, the City's required notice of the application was sent to the neighbors. On February 28 a neighborhood informational meeting was held a the Brown Mansion; all immediate adjacent neighbors were invited . It was attended by six people, all of whom supported the project and have provided letters of support. The property was posted as required by Cod e and the affidavit of posting was submitted to the Chair . In conclusion, Mr. Dougherty personally noted that this case strikes him as a win/win situation. It is in the City's interest to reestablish the zoning applicable to this lot and permit a variance that would allow a use that is more compatible with the well-established existing uses of the neighborhood. Further the variance will not effectively establish a precedent in terms of allowing a use that would not otherwise occur on the property. There will be no new construction as a result of granting the variance . He stated he is pleased to be part of the application . . fl] Mr. Green asked if they received any information from the two objecting neighbors as to why they objected. Mr. Dougherty responded that no further explanation was received. If the Board wants, Mr. Gruhl can testify as to the relationship the school has with its present neighborhood . The objecting neighbors did not contact him nor did the y attend the meeting. • • Chair Smith stated additional neighbors ' statements were submitted after the packet was sent; he distributed those to the Board. Chair Smith asked Mr. Dougherty if he was aware the Board could no longer grant use variances. If for some reason The Joshua School needs to move to another location, they will be limited to R 1 A uses. Mr. Dougherty responded that The Joshua School does understand that the underlying R 1 A zoning will be restored and a use variance is longer permitted by the City of Englewood. If the school ever outgrows this facility, they will need to market the property for uses consistent with R 1 A zoning. Mr. Dougherty stated they are not asking the Board to preserve the existing uses . If the Board believes it is prudent to do so as a contingency given the unique history of the property so a future Board does not have to re-address that issue , he would defer to the Board's judgment. It is not part of the request to maintain the current uses on the property. Jean Hess, 2200 East Dartmouth Circle, was sworn in . She and her husband attended the neighborhood meeting. They are excited about the property and feel confident that surrounding property values will increase. They have lived at their current residence for 7.5 years . Over those years they have seen the Brown Mansion property deteriorate in appearance which is a concern for surrounding property owners . The school will enhance the property and neighborhood. It is a school that works with the community. 0 Mr. Green asked the location of 3095 South University Circle on the notification map. Ms. Langon responded that it is located in the PUD section of the map. 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. Action: Approve, Moved by David Sprecace, Seconded by Marcia O'Brien. Motion: That Case VAR2008-001 , 2303 East Dartmouth Avenue, be granted a variance to reduce the required 200 feet lot width to 1 59 feet and to encroach 8.4 feet into the required 25 feet on the east side setback for the existing port cochere, with the following conditions: 1. Upon transfer of the property from the current owners to The Joshua School, all previous variances and conditions shall be vacated . 2. If transfer of the property to The Joshua School does not occur, this variance request shall be voided and all previous variances and conditions shall remain in effect. • The Board discussed the variance request. • • • With no further discussion, the secretar y polled the members' votes . ~ Ms. O 'Brien voted yes . 1. As a result of the subject property's unique siz e and shape, its location within a full y developed neighborhood consisting of dissimilar residential properties, and the size and historic nature of the Brown Mansion itself, a variance from the 200 foot minimum lot width requirement is n eeded to permit meaningful use of the subject property. The propos ed use is consistent with the existing zoning and is more compatibl e with the surrounding residential uses then ar e the existing professional office uses on th e subject property . 2. The subject property is located within the R 1 A Zone District. Permitted non-residential uses in this Zone include schools/education institutions. The applicant's academic program is approved by the Colorado Department of Educat ion ; therefore it meets the City zoning definition of a school and is a permitted use in the District, provided it meets all other District standards . 3 . All adjacent properties to the west and south side of the subject property are well established and full y developed as single family, residential uses within th e City. The requested variances which will permit the subject property to be used for school purposes will not permanentl y impair the developm e nt of adjacent properti es. Likewise, the requested variances will not permanentl y impair the use of adjacent prop e rties or alter the essential character of the neighborhood sin c e a school is a permitted use with the R 1 A zone . 4. Bas ed on information contained in the City files for the subject property, it appears that the minimum required lot width for non-residential uses in the R 1 A zone was 125 feet at the time the City approved creation of the lot. In 1985, the City chang ed the m1n1mum lot width requirement to 200 feet for non-residential uses in the R 1 A zone district. Mr. Green, Mr. Sprecace, Ms. Purd y, Mr. Cohn, Mr. Budisa and Chair Smith voted y es, concurring with Ms. O 'Brien . Yes: John Smith 111 , Marcia O'Brien, Douglas Cohn, Carson Green, Sue Purd y, David Sprecace, Miodrag Budisa . Vote: Motion carried b y unanimous roll call vote (summary: Yes= 7). e 5. Approval of Findings of Fact Moved by Marcia O 'Brien, Seconded by John Smith Ill. Motion: Ratify the e-mail poll approving the Findings of Fact in Case #VAR2007- 00 2 and Case #VAR2007-003 Yes: John Smith Ill , Marcia O'Brien, Douglas Cohn, Carson Green, David Sprecace . • Abstain: Sue Purdy, Miodrag Budisa . Vote: Motion passed (summary: Yes= 5, No= 0, Abstain= 2). 6. Elections a. Chair and Vice Chair Moved by Marcia O'Brien , Seconded by Da v id Sprecace Motion: Elect John Smith as Chair. Yes: John Smith 111 , Marcia O 'Brien , Douglas Cohn, Carson Green, Sue Purd y, Da vid Sprecace, Miodrag Budisa. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7) Moved by David Sprecace, Seconded by Sue Purd y Motion: Elect Marcia O'Brien as Vice Chair Yes: John Smith 111, Marcia O'Brien, Douglas Cohn, Carson Green, Sue Purdy, David Sprecace, Miodrag Budisa. • Vote: Motion carried by unanimous roll call vote (summary: Yes= 7) 0 7. Staff's Choice The Board will hear an appeal of a subdivision case in May. There may be a fence variance in June . ~ 8 . Attorney's Choice Ms . Reid congratulated Ms. Purd y on becoming a full member. Regarding the appeal case in May, the property in question is located on South Ogden. Numerous neighbors are concerned and people are signing petitions. Some petitions have alread y gone to City Council. The Board may have people calling them regarding the property and the case. Ms. Reid reminded the Board that they may not ha ve ex parte communications on any matters coming forward to the Board . Ms. Rei d explained the rules of ex parte communication. • 9. Board Member's Choice • • • 0 Chair Smith discussed the City Manager's memo regarding Board/Commis sion appointment procedures . He reviewed the Board 's function and authority as outlined in the City Charter . 10 . Adjourn There wa s no f urther business brought befor e the Boa rd . The regul a r meeting wa s declared adjourned at 8 :05 p.m . enton, Recording Secretary