Loading...
HomeMy WebLinkAbout2009-08-12 BAA MINUTES• • • CITY OF ENGLEWOOD . •"-. BOARD OF ADJUSTMENT AND APPEALS . , MINUTES AUGUST 1,2, 2009 ~ 1. 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. 2. Roll Call Present: Douglas Cohn, Carson Green, Marcie O'Brien, John W. Smith 111, Sue Purdy Absent/Excused: Miodrag Budisa, David Sprecace. -~ Chair Smith stated there were five members present; therefore, four affirmative votes are required to grant a variance or appeal. Chair Smith stated he called Ms. Reid and inquired if Mr. May, the Board 's alternate, could join the Board members on the dais since two Board members would be absent and partake in the case even if he couldn't vote. Ms. Reid stated there is a problem with Mr. May participating in the discussion because it is used to make a ruling. If Mr. May would like to be sworn in and provide comments during the hearing, he may do so . 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 . Var i ances 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 . 1 • • • 3 . Public Hearing: Case #VAR2009-004 Andrew Chiacchieri 4297 South Sherman Street Chair Smith stated he had proof of posting and publication. He introduced the case by stating it is a variance to encroach an additional 5 feet beyond the existing 14 foot encroachment, for a total encroachment of 19 feet into the required 25 foot front setback; and to exceed the maximum allowed lot coverage of 40 percent by 3 percent in order to construct an uncovered front porch. These are variances to Section 16-6-1.1 of the Englewood Municipal Code . ltll Brook Bell, Planner was sworn in . Mr. Bell provided a brief overview of the property . The property is located towards the eastern edge of the City and is a corner lot at the northwest corner of Quincy and Sherman . The lot is 50 feet x125 feet . The house was constructed in 1923 and is approximately 1,200 square feet . The existing lot coverage is 42 percent . Th e encroachment is on the east side of the house, which faces Sherman Street . Melissa Chiacchieri, 4297 South Sherman Street, was sworn in. Her husband is the applicant, but had to leave town unexpectedly. The current stairs on the front of the house are unsafe . There is approximately a 10-15 inch step down. That entrance is not used due to safety reasons. There is not a solid landing to step onto when exiting the house . They want to improve the look of the house and blend in better with the neighborhood. The porch will make the house more accessible. When they purchased the home, they d i dn't realize the entrance was unsafe. She has almost tripped a number of times on the steps . Ms. O'Brien asked how guests entered the home. Ms . Chiacchiere responded that they use th e side door on Quincy which brings people into the kitchen, but it is not a formal entry . Mr. Bell stated there was an error in the suggested motion of the Staff Report. Corr e ct ed copies have been provided to the Board. It was suggested that a condition be plac ed on th e request that the porch not be covered or enclosed in the future. The Building Divi sion commented that current Codes require a minimum 3x3 foot landing by the exterior door if it were new construction. Chair Smith asked if the existing landing was currently in compliance with Building Codes . Mr. Bell responded that it was not . 2 • • • Ms. Purdy stated she believes the step down from the door is not according to Code ; it cannot be 15 inches. Chair Smith noted the property zoning contained in the Staff report is inconsistent. Mr. Bell clarified; it should read "Properties to the north, south and east are zoned RlC; pro perties to the west are zoned R2B. " Mr. Cohn asked for clarification on the lot coverage. Mr. Bell explained that lot cov e rage includes all existing structures -house, garage, accessory structure, and carport . Portions of driveways over 12 feet wide and any sidewalks/paths over 5 feet wide also count towards lot coverage. The existing lot coverage is 42 percent and the proposed porch will increase it to 4 3 percent. ~ 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 VAR2009-004, 4297 SOUTH SHERMAN STREET, BE GRANTED A VARIANCE TO ENCROACH AN ADDITIONAL 5 FEET BEYOND THE EXISTING 14 FOOT ENCROACHMENT, FOR A TOTAL ENCROACHMENT OF 19 FEET INTO THE REQUIRED 25 FOOT FRONT SETBACK ; AND TO EXCEED THE EXISTING LOT COVERAGE OF 42 PERCENT BY AN ADDITIONAL 1 PERCENT, FOR A TOTAL OF 43 PERCENT, IN ORDER TO CONSTRUCT A FRONT PORCH PER THE ATIACHED SITE PLAN , WITH THE CONDITION THAT THE PORCH NO T BE COVERED OR ENCLOSED. THESE ARE VARIANCES TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE . Moved by Marcie O'Brien, Seconded by Carson Green. ~ The Board discussed the case . It is a reasonable request and an overall improvement to the property. Further, the house pre -dates zoning regulations and the existing stairs are very unsafe . The lot coverage is currently 42 percent and the porch will only increase that by 1 percent, which is only 3 percent over the allowed amount. Mr. Green voted yes . The house was built prior to the 25 foot front setback requirement and already encroaches into the setback . The porch will be an improvement for health, welfare, and safety. It will reduce the large step down from the front door. The landing will bring the house up to Code. It will not permanently impair the use of adjacent properties or alter the character of the neighborhood ; the style of the porch is consistent with the neighborhood . The placement is not consistent, but the house was built prior to other houses . The structure and style is the same. The house was built in 1923 and needs to be brought up to Code . 3 • • • Ms. Purdy, Ms. O'Brien, Mr. Cohn, and Chair Smith voted yes, concurring with Mr. Green. Vote: Motion carried by unanimous roll call vote {summary: Yes= 5). Yes: Douglas Cohn, Carson Green, Marcie O'Br i en , John W. Smith Ill, Sue Purdy . 4. Approval of Minutes a. July 8, 2009 Motion: THAT THE JULY 28, 2009 MINUTES BE APPROVED. Moved by Carson Green , Seconded by Douglas Cohn. Chair Smith proposed a correction on the last page, paragraph 2. "Ms. O'Brien, Mr. Budisa , and Chair Smith voted yes." Chair Smith recommended : "Ms. O'Brien, Mr. Budisa, and Cha ir Smith stated they concurred with Messrs . Green, Sprecace and Cohn, and voted yes." There were no objections to the change . The Minutes were approved as amend e d . Vote: Motion carried by unanimous roll call vote {summary: Yes= 5). Yes: Douglas Cohn, Carson Green, Marcie O'Brien, John W . Smith Ill, Sue Purdy. 5. Approval of Findings of Fact ~ a. Case #VAR2009-003, 139 West Hampden Avenue Motion: THAT THE FINDINGS OF FACT IN CASE #VAR-2009-003, 139 WEST HAMPDEN AVENUE, BE APPROVED., Action: Amend, Moved by Carson Green, Seconded by Douglas Cohn . Vote: Motion carried by unanimous roll call vote {summary: Yes= 5). Yes: Douglas Cohn, Carson Green, Marcie O'Brien, John W . Smith 111, Sue Purdy . 6 . Staff's Choice There are no cases scheduled for September. Mr. Bell stated the Board and Commission Appreciation Night was not as well attended as years' past; however, it was still a good ev e nt . 7. Attorney's Choice Ms . Reid stated she had nothing further. 4 • • • ~ 8. Board Member's Choice Mr. Green thanked the City for the ice cream social. Mr. Green stated he briefly spoke about different variances the Board has considered. It was interesting to hear from the other Bo a rd s and Commissions. He also thanked the City for the historical note cards. Chair Smith stated the Board should have a signed, notarized document in the record from th e property owner authorizing the applicant to apply for a variance and stating they have reviewed all the documents associated with the request. He asked staff and the City Attorn ey to work on creating the document. Mr. Bell stated that currently the property owner is required to sign the application; however, it is not notarized. Ms. Reid stated the Board w o ul d have something to review at their next meeting. Mr. Cohn thanked the City for the historical cards. He invited the Board to Englewood Day s on August 29 in downtown Englewood . The Board and Ms. Reid discussed the role of the alternate member . Motion: THAT THE ASSISTANT CITY ATTORNEY DRAFT A RESOLUTION FROM THE BOARD RECOMMENDING TO CITY COUNCIL THAT THE ALTERNATE MEMBER BE PERM ITIED TO PARTICIPATE IN CASES WHEN THERE IS AN ABSENCE OF A REGULAR MEMBER . Moved by John W. Smith Ill, Seconded by Douglas Cohn. Vote: Motion carried by unanimous roll call vote (summary: Yes= 5). Yes: Douglas Cohn , Carson Green, Marcie O'Brien, John W . Smi t h Ill , Sue Purdy . lt] 9 . Adjourn There was no further business brought before the Board . The regular meeti ng wa s d ec la r e d ad j ourned at 7 :35 p .m . 5