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HomeMy WebLinkAbout2011-04-13 BAA MINUTES• 1. Call to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES APRIL 13, 2011 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 Green presiding. ~ 2. Roll Call Present: Carson Green, Jordan May, David Pittinos, Sue Purdy , Angela Schmitz, John W. Smith , Ill, Marcie O'Brien Absent/Excused: David Sprecace Staff: Assistant City Attorney Nancy Reid; Brook Bell, Planner II; Audra Kirk, Planner I • Chair Green stated there were seven members present; therefore, five affirmative votes are required to grant a variance or appeal. • Chair Green 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 Green 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. [~ 3. Public Hearing Case VAR2011-003 John Krauklis 2701 South Pennsylvania Street • Chair Green re-opened the public hearing stating the case was continued from March 9, 2011 . He stated he had proof of posting and publication. He introduced the case stating the applicant is requesting a variance to encroach 3 feet into the required 3 foot north and south side setbacks for a length of 27 lineal feet to construct a detached garage. This is a variance to Table 16-6-1.2 of the Englewood Municipal Code: Summary Table of Dimensional Requirements for Accessory Structures. Audra Kirk, Planner I was sworn in. Ms. Kirk provided an overview of the property utilizing PowerPoint slides. A neighborhood statement from 2725 South Pennsylvania was submitted with no objection to the variance request. The request is to replace the existing garage with a slightly larger garage. The proposed garage will still have zero setbacks on the north and south. The rear setback would now be met. John Krauklis , 2701 South Pennsylvania Street , was sworn in. Since the property is so unique , the side setbacks will need to remain at zero. Because of the subdivision , the property is unique; the garage defines the rear property line . There is no alley ; the only way to access the garage is from the front driveway. The prope r ties on either have been developed for over 50 years. The adjoining property owners will see nothing different and will not impair the ability to use their property. The existing garage was built a few years after the house was built. His goal is to pour a concrete • floor and make the garage more usable. • ~ Answering questions from the Board , Mr. Krauklis stated he attempted to obtain a neighbor's statement from the small house in the rear but the house is vacant and completely "gutted." He was unable to locate the owner. His property is only surrounded by two properties. Mr . Krauklis testified that one possibility is lifting up the existing garage , pouring the concrete pad , and sitting the garage down on the foundation. The other possibility is rebuilding the garage on the foundation. The height of the garage will meet zoning requirements ; it is currently measured at 11 feet. The applicant stated he has owned his property approximately three months. The survey will be done before construction begins. Ms. Kirk stated during the departmental reviews , the Building Division commented that a pin survey would be required. Also , the Utilities Department commented that the sewer lines would need to be located between 2725 and 2701 South Pennsylvania since they share a common sewer service. Mr. Smith asked why the City is requiring pin surveys. Ms . Kirk responded that the City does not want buildings built over property lines. Discussion ensued. • [!] • • There were no other persons present to testify for or against the variance. Chair Green incorporated the staff report and exhibits into the record and closed the public hearing. MOTION: THAT CASE VAR2011-003, 2701 SOUTH PENNSYLVANIA STREET , BE GRANTED A VARIANCE TO ENCROACH 3 FEET INTO THE REQUIRED 3 FOOT NORTH AND SOUTH SIDE SETBACKS FOR A LENGTH OF 27 LINEAL FEET TO CONSTRUCT A DETACHED GARAGE. MOVED BY MARCIE O'BRIEN SECONDED BY JOHN SMITH Chair Green stated the garage is not visible from the street. The neighbor he was able to contact does not object. The garage will be located in the same location on a very odd shaped lot. The setbacks are actually being increased. It is an improvement to the neighborhood. Ms. Schmitz stated she agreed; the property is unique in its shape, size and location. She does not see another place on the lot where the garage could be located. With no further discussion, the secretary polled the members' votes . Mr. Smith voted yes. The property was subdivided which caused the property to be very unique in size and shape. Due to the size and shape, there is no alternate location for the garage. The garage provides for off-street parking which is consistent with the intent of the zone district regulations. It also replaces an aging structure , which is in danger of collapsing. It will not impair the use or development of adjacent properties because the garage is only replacing what currently exists. The variance is not a self-imposed hardship as it is only improving what currently exists. Ms. Schmitz, Ms. Purdy , Ms. O'Brien, Mr. May, Mr. Pittinos, and Chair Green voted yes. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7.) Yes: Carson Green , David Pittinos , Sue Purdy, Jordan May, Marcie O'Brien, Angela Schmitz, John Smith The Chair instructed the applicant to contact staff for any additional or necessary information . • l@ • • 4. Approval of Minutes a. March 9, 2011 Motion: APPROVE THE MARCH 9, 2011 MINUTES AS WRITIEN. Moved by David Pittinos Seconded by Angela Schmitz Vote: Motion carried by unanimous vote (summary: Yes =5). Yes: Carson Green, Sue Purdy, David Pittinos, Angela Schmitz , Jordan May Abstain: John Smith, Marcie O'Brien 5. Approval of Findings of Fact a. Case #V AR2011 -002 3159 South University Boulevard Motion: APPROVE FINDINGS OF FACT IN CASE #VAR2011-002 , 3159 SOUTH UNIVERSITY BOULEVARD, AS WRITIEN. Moved by Angela Schmitz Seconded by Jordan May Vote: Motion carried by unanimous roll call vote (summary : Yes= 5) . Yes: Carson Green, Sue Purdy, David Pittinos , Angela Schmitz , Jordan May Abstain: John Smith, Marcie O'Brien 6. Staff's Choice Mr . Bell stated there were no cases scheduled for May. It was the consensus of the Board to conduct a Study Session in May to discuss the four criterion and expectations of staff. 7. Attorney's Choice Ms . Reid had nothing further .. 8. Board Member's Choice Mr. Smith requested that staff's attendance be separated from the Board's Roll Call in the Minutes. 9. Adjourn The Board had nothing further. The meeting adjourned at 7:30 p.m. ':jJ iL ~nton, Recording Secretary