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HomeMy WebLinkAbout2012-07-17 BAA MINUTES• • • CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS SPECIAL MEETING MINUTES JULY 17, 2012 [llJ 1. Call to Order The special 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 (entered at 7 :15), David Pittinos, Tom Finn Excused Absence: Marcie O'Brien Staff: Brook Bell, Planner II Guest: Mayor Randy Penn 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: 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 Hearings -Continued Case #VAR2012-004 Linda M. Purdy 3122 South Gaylord Street Chair Green re-opened the public hearing continued from July 11, 2012. He reminded the Board that Board Member Purdy had recused herself from the case . 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. ~ Brook Bell , Planner I, was sworn in. Mr. Bell provided an overview of the property and the variance request . The property and surrounding properties are zoned R1A, Single Unit Residential. Within that zone district, there is also a small lot designation for those lots under 9,000 square feet. This property is 8,000 square feet, which reduces the side setbacks from 7 feet to 5 feet and increases the permitted lot coverage to 40 percent. The house currently encroaches into the side setback by 6 inches, as would the proposed addition . Mr. Bell pointed out that if the applicant was not seeking a variance for the rear setback, the side setback could be handled administratively. The existing garage encroaches 2 feet into the north side setback, but that is grandfathered whether the garage is attached or not; therefore, a variance is not required for that setback. A 20 foot rear setback is required for principal structures; a detached garage is only required to have a 3 foot rear setback. Once the garage is attached to the principal structure by the addition, it becomes part of the principal structure and must comply with the 20 foot rear setback. Mr. Bell answered questions from the Board. The lot coverage complies with the 40 percent lot coverage. Arapahoe County property records show the property as being 8,015 square feet . Mr. Bell explained the difference between "as platted" and "as measured." If the house were not attached to the garage, a new garage could not be built in the same location as the existing detached garage since it encroaches 2 feet into the setback. If the addition were not attached to the detached garage, a variance would not be needed. An Administrative Adjustment would be needed for the 6 inch encroachment. Mr. Bell read the definition of an attached garage. Once the detached garage is attached to the principal structure, the garage must adhere to the setbacks for the principal structure. In this case, a 20 foot rear yard setback. Mr. Bell provide a brief history on attached/detached garage setbacks under previous regulations. Discussion ensued regarding adding a condition to the motion prohibiting a second-story addition over the garage. Mr. Bell confirmed that the party wall is four feet. In response to Mr. Sprecace's question, Mr. Bell stated that if the house were not attached to the garage the applicant could construct a fence across the front and rear between the house and detached garage. That section, however, could not be covered with a roof or canopy. [?l) Linda Purdy, 3122 South Gaylord Street, was sworn in. Ms. Purdy testified that she had nothing further to add, but is available to answer questions from the Board . Ms. Purdy responded that she was uncertain as to the required separation between structures if she were required to keep the garage detached. Her reasons for wanting to connect the garage to the house are • • • weather and safety. In addition, it is the most effective and efficient way to use the space. She is not opposed to the Board restricting the variance. Mr. Bell stated the Building Department commented that walls less than 5 feet from the property line must be of one-hour fire resistant construction . The fire -resistance rating also requires the rating be for both sides . Also, projections and openings are limited. There are additional Building Codes as to how close structures may be to each other. The closer the structures become to each other, the openings become more limited. Discussion ensued . Mr. Bell stated that the plans would be reviewed by the Building Department to ensure compliance with the Building Code. If the applicant were to build over the garage, bulk plane requirements would need to be met. The bulk plane applies to the two side property lines, not the rear property line. Mr. Bell further stated that 40 percent of the lot will need to be landscaped , and a landscape plan will be required when building plans are submitted . ~ 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 VAR2012-004 3122 SOUTH GAYLORD STREET BE GRANTED 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 ATIACH AN EXISTING GARAGE TO THE PRINCIPAL STRUCTURE PER THE ATTACHED SITE PLAN. FURTHER, A SECOND STORY MAY NOT BE BUILT ONTO THE ATIACHED GARAGE UNLESS ANOTHER VARIANCE IS GRANTED. MOVED BY TOM FINN; SECONDED BY ANGELA SCHMITZ The Board had a brief discussion. If the garage remained unattached, a variance would not be needed. The issue of massing on the property has been addressed by limiting the variance to a one -story garage. The visual from the street will not change . The adjacent neighbors support the var i ance , and there a re other attached garages in the neighborhood . Safety and efficiency are legitimate considerations . With no further discussion, the secretary polled the members'. votes, and members provided their findings. Mr. Sp r ecace voted yes . There are unique physical conditions that exist such as the size and shape of the lot. There is no visible change from the street. The variance secures public and private health, safety and welfare . There are other attached garages in the neighborhood . It will not impair the development of adjacent properties as they are already developed . It is not a self-imposed hardship; the variance is necessary due to safety . Mr. Finn , Ms. Schmitz, Mr. May, and Mr. Pittinos voted yes, concurring with Mr. Sprecace . • • Chair Green voted yes, concurring with Mr. Sprecace. Further, it will not affect the character of the neighborhood. Vote: Motion passed by a roll call vote (summary: Yes= 6 No=O.) Yes: Jordan May, Angela Schmitz, Carson Green, David Sprecace, Tom Finn , David Pittinos The Chair instructed the applicant to contact staff for any additional or necessary information . 4. Public Comment Mayor Penn invited the Board to the Board and Commission Appreciation event on Monday, July 23, 6pm at Pirate's Cove. 5. Staff's Choice A variance is scheduled for August 8. 6. Board Member's Choice Mr. May apologized for missing the July 11 meeting and the inconvenience it caused . 7. Adjourn The Board had nothing further. The meeting adjourned at 8:00 pm (/VVV /"//:../J:// / "' '1 ( /7/f f/ l:T/ ' • iaL~:ino EIGIHEEltllG & SUllVEYIHG IHC. HD. 96-6946 (PURDY) • SCALE 1" • "l,.(} a47D Do. 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