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HomeMy WebLinkAbout2012-04-11 BAA MINUTES• • • CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES APRIL 11, 2012 [flJ 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 Green presiding. 2. Roll Call Present: Carson Green , David Sprecace, David Pittinos , Tom Finn , Angela Schmitz, Jordan May, Marcie O 'Brien Excused Absence: Sue Purdy Staff: Nancy Reid, Assistant City Attorney; 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. l!l1 3. Public Hearing: Case #V AR2012-001 Bill Feid W & M Dawgs, LLC 2950 South Broadway, Unit A • • • Chair Green opened the public hearing stating he had proof of posting and publication . He introduced the case stating the applicant is requesting a variance to erect a seventy three (73) square foot sign on the wes t fac;ade of the building . This sign would exceed the use 's maximum allowed sign area of one hundred thirty four (134) square feet by seventy three (73) square feet. This is a variance to Table 16-6-13.8: Permitted Maximum Sign Area , of the Englewood Municipal Code. ~ Audra Kirk , Planner I, was sworn in. Ms. Kirk provided an overview of the property and the variance request. The property is zoned MU-B-2 ; adjacent properties to the north , west , and south are also zoned MU-B -2. Properties to the east are zoned MU-R-3-A. Numerous neighbor notifications were submitted supporting the variance request. A previous variance exists on the property , which permitted the owner to erect multiple garages on the rear of the lot. Those garages rio longer exist. ~ Bill Feid , 4913 Silver Pine Drive , Castle Rock , was sworn in. Mr . Feid stated the physical characteristic of the building location and the surrounding typography are one of the main reasons he is seeking a variance. The unit is seven feet lower than the remaining building behind it , and is located closer to Broadway than the other units. Trees and other business signage block the visibility of his business . He anticipates 75 % of his customers will be from commuter traffic. The sign strategy is to build a continuum -signage on the north , west , and south side of the building . When the trees are in full foliage , they will block the south sign. The ability for drivers to see the sign is limited to 150 feet , which only gives drivers 3-4 seconds to see the sign. From the north side , there is another tree that will block that sign. The ab i lity to have three signs will increase the visibility of the business and allow drivers to see the building in a safe manner. The signage was designed with a lighting element as shown in the Board's packet. The lighting is part of the measurement to determine square footage . All of the black background and lighting underneath the letters is counted toward the total sign square footage . If the lighting and the black background were removed , the variance would not be needed . Mr. Feid confirmed that the north and south signs are within regulations . There is currently no permanent signage on the building. Mr. Feid answered questions from the Board. If the black background and lighting were completely removed , the three signs would be within the allowable square footage. The business is located on a major Englewood corridor; therefore , the building and its signage should have a certain curb appeal. Removing the background and the lighting takes away from the character of the interior of the building. Mr. Finn stated that without some type of background , the letters would get lost on the silver metal framework . • • • Mr. Feid testified alternatives were considered. He looked at extending above the roof or placing signage on top of the roof ; both are prohibited by the Sign Code. His initial design was to have the signs higher to create more visibility. Another alternative was for larger signs on the north and south , but he felt that even going larger still prevented northbound drivers to see the business until they passed it due to the tree. If the west sign was reduced to fit within the Code, it would be too small to be effective . The request is for 73 square feet above the allowed square footage. Panda and Starbucks have large monument signs that create a visual impairment for anything behind it. Chair Green noted that the designs show the signs extending above the roofline . Mr. Feid responded that staff reviewed the preliminary adjustments for the "B" extending above the roofline approximately 14 inches. The roofline behind is 7 feet higher. Staff responded that it was internally decided to be a little flexible on the sign age to encourage businesses on South Broadway. [?] 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 VAR2012-001 2950 SOUTH BROADWAY, UNIT A BE GRANTED A VARIANCE TO ERECT A SEVENTY THREE (73) SQUARE FOOT SIGN ON THE WEST FA<;ADE OF UNIT A TO EXCEED THE MAXIMUM ALLOWED SIGN AREA IN THE SOUTH BROADWAY SIGN AREA. THIS IS A VARIANCE TO TABLE 16 -6-13.8 OF THE ENGLEWOOD MUNICIPAL CODE. MOVED BY DAVE SPRECACE SECONDED BY TOM FINN The Board had a brief discussion. Chair Green stated the sign would be the same size without the black background ; however, the background makes the sign more effective . He is pleased that a business has located at that location ; it was vacant for a long time. Ms. O'Brien stated it will not affect another business's ability for signage . Ms. Schmitz stated she doesn 't believe the request meets Criteria 1 or 2. If this property is considered unique , others will point to this case and use foliage and large signage as a justification. Chair Green stated he believes the property is unique because the business is closer to the street than other businesses. Mr. Sprecace stated he believes there are also safety issues . [?] With no further discussion, the secretary polled the members ' votes , and members provided their findings. Mr . Pittinos voted yes. Ms . Schmitz voted no ; there are no unique property conditions . • • • Mr. May voted yes . Mr. Sprecace voted yes; all four criteria have been met. There are unique conditions to the property and it will not weaken the general purpose of the Title or regulations prescribed for the district. It encourages business , which is a goal of City Council and the general populous. The business is located on South Broadway so it will not alter the essential character of the district. The variance will not substantially or permanently i mpair the appropriate use of adjacent conforming property; the surrounding properties are businesses with signage . Ms. O'Brien voted yes , concurring with Mr. Pittinos, Mr. May , and Mr. Sprecace. Further Ms. O 'Brien found the following: • The property is unique because it is positioned 15 feet off the Broadway curb, in a building that is 5 to 7 feet shorter than adjacent property. It is shielded by public sidewalk trees , with no access for southbound commuters, no street parking, and confusion exists on how to access the parking lot. • The General Statement at the beg inning of the Sign Code states : "The City also understands that the economic health of specialized areas of the City, such as the South Broadway commercial corridor, may be enhanced by permitting different sizes and types of signage than those permitted elsewhere in the City." • The variance will not alter the character of the district. The proposed sign package is within the total number allowed signs . The signage fits appropriately within the community. • The variance will not substantially or permanently impair the appropriate use of adjacent conforming property, because the sign is located on the west side of the building which does not impact any other properties. Mr. Finn and Cha i r Green voted yes , concurring with Ms. O 'Brien 's stated conclusions. Vote: Motion passed by a roll call vote (summary: Yes= 6 No=1.) Yes: Marcie O'Brien , Jordan May , Tom Finn , Carson Green , David Pittinos , David Sprecace No: Angela Schmitz Motion passed. The Chair instructed the appl icant to contact staff for any additional or necessary information . • • • l!l 4. Elections ~ MOTION: ELECT CARSON GREEN AS CHAIR. MOVED BY JORDAN MAY; SECONDED BY DAVID PITTINOS. Vote: Motion passed by unanimous vote (summary: Yes= 7 No=O.) Yes: Marcie O'Brien , Jordan May , Tom Finn , Carson Green , David Pitt inos , David Sprecace , Angela Schmitz MOTION: ELECT DAVID SPRECACE AS VICE CHAIR. MOVED BY MARCIE O'BRIEN ; SECONDED BY JORDAN MAY. Vote: Motion passed by unanimous vote (summary: Yes= 7 No=O.) Yes: Marcie O'Brien , Jordan May , Tom Finn , Carson Green , David Pittinos , David Sprecace , Angela Schmitz 5. Staff's Choice A va riance for a front porch encroaching into the front setback will be heard at the May meeting . lll1 6. Attorney's Choice Ms . Reid updated the Board on the Sign Code amendment. ~ 7. Board Member's Choice Members welcomed Mr. Finn to the Board , and introduced themselves. Members were reminded to provided their conclusions when they vote for granting or denying a var iance request. 8. Adjourn The meeting adjourned at 7:45 pm .