Loading...
HomeMy WebLinkAbout2012-05-09 BAA MINUTES, • • • [tl] 1. Call to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES MAY9, 2012 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, Angela Schmitz, Jordan May, Marcie O'Brien, Sue Purdy Excused Absence: David Pittinos, Tom Finn (alternate) Staff: Nancy Reid, Assistant City Attorney; Brook Bell, Planner I Chair Green stated there were six 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: Th e case will be introduced ; applicants will present their request and reasons the va riance should be granted; proponents will be given an opportun ity to speak; opponents will address the Boa rd; and then staff will address the Board . Staff will give a preliminary overview of the variance before testimony is taken. l!1l 3. Public Hearing Case #VAR2012-002 Carol Bouchard 4182 South Lincoln Street 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 encroach 8 feet into the • required 25 foot front setback in order to construct a covered front porch. This is a variance to Table 16-6-1.1 of the Englewood Municipal Code . • • Brook Bell, Planner I, was sworn in . Mr. Bell provided an overview of the property and the variance request. The subject property is located in a R-2-B, Medium Den sity Single and Multi- Unit Dwelling Residential District. The properties to the north and south are also zoned R-2-B; the zoning to the east is R-1-C, Single Unit Residential Di st rict Small Lot Size . The dwelling is approximately 850 square feet, and the rear garage is 380 square feet. Mr. Bell reviewed the site plan. The applicant is proposing constructing a porch the length of the house. rai Carol Bouchard, 465 South Nelson Street, Lakewood, was sworn in. Ms. Bouchard testified that the existing porch was built in 1928. The porch is in bad repair, and she wants to improve the porch . Ms . Bouchard answered questions from the Board . Mr. Bell stated the porch was built prior to zoning regulations were in effect. The porch does not qualify for the exception within the Code due to the fact that it is covered and it extends more than five feet into the setback. The porch is also being expanded and is 38 inches above grade. rai 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 VAR2012-002 4182 SOUTH LINCOLN STREET, BE GRANTED A VARIANCE TO ENCROACH 8 FEET INTO THE REQUIRED 25 FOOT FRONT SETBACK IN ORDER TO CONSTRUCT A COVERED FRONT PORCH PER THE ATTACHED SITE PLAN . MOVED BY JORDAN MAY; SECONDED BY ANGELA SCHMITZ Chair Green stated there are approximately four or five other houses on the street that encroach in the setback; some even more than the applicant's . The porch needs work and is a reasonable improvement. Further, the porch was built prior to any Zoning Code . With no further discussion, the secretary polled the members' vote s, and members provided their findings. Mr. May voted yes. The existing porch already encroaches into the front se tbac k. The house and the porch were constructed prior to the existence of any Zoning Code. The variance is consistent with the Code; the applicant testified that the porch is in disrepair and requires reconstruction . A safety issue exists with the current porch . The variance will not permanently impair adjacent properties; other houses on the block have similar encroachments into the front setback . The variance is not a self-imposed hardship; the porch already encroaches into the setback. • Ms. Schmitz, Mr. Sprecace, Ms . O'Brien, Ms . Purdy, and Chair Gre e n voted yes, concurring with Mr. May. Vote: Motion passed by a roll call vote (summary: Yes = 6 No =O.) Yes: Marcie O'Brien , Jordan May, Angela Schm itz, Car son Green, David Sprecace, Sue Purdy Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information . [ll) 4. Approval of Minutes MOTION: TO APPROVE THE APRIL 11, 2012 MINUTES AS WRITIEN . MOVED BY MARCIE O'BRIEN ; SECONDED BY ANGELA SCHMITZ Vote: Motion passed by unanimous vote (summary: Yes= 6 No =O.) Yes: Marcie O'Brien, Jordan May, Sue Purdy, Carson Gr een, David Pittinos, David Sprecace, Angela Schmitz • [t1J • 5. Approval of Findings of Fact Ms. Schmitz noted that she is shown as voting in the affirmative, but it sho uld be shown that she voted "no ." [ll) MOTION: TO APPROVE THE FINDINGS OF FACT FOR 2950 S BROADWA Y, UNIT A, AS AMENDED . MOVED BY ANGELA SCHMITZ ; SECONDED BY DAVID SPRECACE Vote: Motion passed by unanimous vote (summary: Yes= 6 No=O.) Yes: Marcie O'Brien , Jordan May, Sue Purdy, Car son Gree n, David Pittinos, David Sprecace, Angela Schmitz 6. Staff's Choice Mr. Bell stated there is the potential for a case in June . 7. Attorney's Choice M s. Reid had nothing further . • 8. Board Member's Choice • • Chair Green inquired whether the neighbor notification s are a r e qu ire m e nt es t a b lished by Ordinance . Mr. Bell responded that the appl icants are instruct ed th at the form i s not a requirement but is highly encouraged . Chair Green asked st aff to diffe ren tiate between property owner and tenant on the form . 9 . Adjourn The Board had nothing further. The meeting adjourned at 7:20 • • !"louse_ •