HomeMy WebLinkAbout2012-07-11 BAA MINUTES;
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CITY OF ENGLEWOOD
BOARD OF ADJUSTMENT AND APPEALS
MINUTES
JULY 11, 2012
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, Sue Purdy, David Pittinos, Tom Finn
Excused Absence: Angela Schmitz, Jordan May
Unexcused Absence: Marcie O'Brien
Staff: Nancy Reid, Assistant City Attorney; Brook Bell, Planner I
Chair Green stated there were five members present; therefore, four affirmative votes are
required to grant a variance or appeal. The Board amended the Agenda to hear Case VAR2012-
005 before Case VAR2012-004.
• 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.
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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.
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3. Public Hearings
Case #VAR2012-005
Steve Morbee
4706 South Grant 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 7 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.l of the Englewood Municipal Code.
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Brook Bell, Planner I, was sworn in . Mr. Bell provided an overview of the property and the
variance request. Neighbor notifications in support of the variance were submitted from 4700
and 4709 South Grant . Mr. Bell submitted the notifications into the record. The property is
zoned RlC, Single Unit Residential District. Surrounding properties are also zoned RlC. There
are no previous variances on the property. The house currently encroaches one foot into the
front setback. There is an existing porch; the applicant is requesting to demolish the porch and
reconstruct the porch which will not encroach any further into the setback than the existing
porch . The new porch will be a little wider at 15 feet. The encroachment is 7 feet into the front
setback.
Steve Morbee, 4706 South Grant, was sworn in. The variance is to replace an existing front
porch . He removed the cover on the porch because it was unsafe. The concrete foundation
still exists; and the replacement porch will not extend further into the front setback than what
currently exists. He is widening the porch. Mr. Morbee reviewed the dimensions of the porch .
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Mr. Bell confirmed the porch was previously covered . The existing porch is approximately 12
feet wide. The home was constructed in 1926 prior to the City's Zoning Ordinances . Mr. Bell
clarified that the brackets on the site plan are to call out the dimensions, and are not an
extension of the porch .
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 VAR2012-005 4706 SOUTH GRANT STREET BE GRANTED A
VARIANCE TO ENCROACH 7 FEET INTO THE REQUIRED 25 FOOT FRONT SETBACK IN
ORDER TO CONSTRUCT A COVERED FRONT PORCH PER THE ATTACHED SITE PLAN.
THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE.
MOVED BY DAVID SPRECACE; SECONDED BY TOM FINN
Chair Green stated the porch will not extend any further than the current porch. There are
other porches on the street that encroach into the front setback. It will be an improvement for
the neighborhood .
With no further discussion, the secretary polled the members' votes, and members provided
their findings.
Mr. Pittinos voted yes . The house was built in 1926 prior to zoning regulations . The existing
porch is unsafe and needs to be replaced . It will not impair the development of adjacent
properties since the new porch will be built in the same location as the current porch . It is not a
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self-imposed difficulty because the existing porch has existed for a considerable period of time .
The location of the house has not changed since 1926.
Mr. Finn voted yes. He concurred with Mr. Pittinos and added that when the house was built in
1926 the City did not have zoning regulations or setback requirements .
Mr. Sprecace, Ms. Purdy, and Chair Green voted yes concurring with Messrs. Pittinos and Finn.
Vote: Motion passed by a roll call vote (summary: Yes =5 No=O.)
Yes: Carson Green, David Sprecace, Tom Finn, Sue Purdy, David Pittinos
Motion passed .
The Chair instructed the applicant to contact staff for any additional or necessary information.
The Board took a short recess.
Case #VAR2012-004
Linda M. Purdy
3122 South Gaylord 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 6 inches into the
required 5 foot south side setback in order to construct an addition and to encroach 15 feet
into the required 20 foot rear setback in order to attach an existing garage to the principal
structure. These are variances to Table 16-6-1.1 of the Englewood Municipal Code.
Ms. Purdy recused herself from the case. Chair Green stated there were now only four
members present, which is not a quorum. Therefore, the case must be continued. The
applicant asked the Board to consider a special meeting before the regular August 8 meeting.
Discussion ensued. The public hearing was continued to August 8 or an earlier date if a special
meeting can be arranged. The Board apologized for the inconvenience. The applicant thanked
the Board. (Secretary's Note: Hearing continued to July 17, 2012.)
4. Staff's Choice
Mr. Bell had nothing further .
5. Attorney's Choice
Ms. Reid asked the Board to look at their calendars for dates to hold a special meeting. The
recording secretary will email the Board with possible dates. The hearing does not have to be
republished .
• 6. Board Member's Choice
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Ms . Purdy asked about absences. The recording secretary explained that Ms. Schmitz and Mr.
May emailed prior to the meeting that they would be unable to attend . Their absences are
excused . Ms. O'Brien had planned to attend, but became ill at the last minute.
7. Adjourn
The Board had nothing further. The meeting adjourned at 7:30 pm
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