HomeMy WebLinkAbout2011-05-11 BAA MINUTESc ·~
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CITY OF ENGLEWOOD
BOARD OF ADJUSTMENT AND APPEALS
MINUTES
MAY 11, 2011
1. Call to Order
The meeting was called to order at 7 p .m. in the City Council Conference Room . Vice Chair Sprecace
presiding.
2. Roll Call
Present: David Sprecace, David Pittinos, Sue Purdy, John Smith Ill, Angela Schmitz
Absent: Carson Green, Jordan May (Excused); Marcia O'Brien (Unexcused)
Staff: Nancy Reid, Assistant City Attorney; Brook Bell, Planner II
A quorum was present.
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3. Approval of Minutes
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Motion: APPROVE THE APRIL 13, 2011 MINUTES AS WRITTEN. Moved by John Smith Ill
Seconded by David Pittinos
Yes: Sue Purdy, David Pittinos, Angela Schmitz, John Smith Ill
Abstain: David Sprecace
Motion carried.
4. Approval of Findings of Fact
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Motion: APPROVE FINDINGS OF FACT IN CASE #VAR2011-003, 2701 SOUTH PENNSYLVANIA
STREET, AS WRITTEN. Moved by John Smith Ill Seconded by Sue Purdy
Yes: Sue Purdy, David Pittinos, Angela Schmitz, John Smith Ill
Abstain: David Sprecace
Motion carried.
5. Study Session
The Board and staff discussed the variance criteria, specifically self-imposed hardship. The Board also
discussed use variances and lot reduction variances.
• The idea behind variances is to maintain the predictability of regulations, but to allow special
exceptions. A standard in the Colorado State statute and most other states and municipalities is a
hardship not brought on by the applicant.
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The Board's handbook is outdated; staff will update as time permits.
Staff reviewed the three different types of nonconformities : uses, structures, and vacant land .
Applicant's personal and financial circumstances are not valid considerations when deciding a vari ance ;
variances stay with the property and decisions should be based on the land and physical features.
The Board liked the following language :
* "That the special conditions and circumstances do not result from the actions of the
applicant ." Florida Statutes, Chapter 162, Part II, Section 163.225(3)(a}2
* "Where there are practical difficulties or unnecessary hardship in the way of carrying out
the strict letter of the Ordinance, the Board of Adjustment has the power to vary or modify
the application of the regulations or provisions of such Ordinance relating to the use,
construction, alteration of buildings or structures ... " 31-23-307(4) C.R.S.
Ms. Reid stated a formal motion and vote is required at the Board's next official meeting to direct staff
to look at changing or adding language in the Ordinance.
Appeals from the Board's decision is a Rule 106 to District Court.
6. Staff's Choice
A case is scheduled for June 8.
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7. Attorney's Choice
Ms. Reid had nothing further.
8. Board Member's Choice
The Board had nothing further.
9. Adjourn
There was nothing further . The meeting adjo rned at 8:25 p .m.
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Nancy G. Fenton, Recorain