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HomeMy WebLinkAbout2012-08-08 BAA MINUTES• • • ~ 1. Call to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES AUGUST 8, 2012 The regu lar meeting of the Englewood Board of Adjustment and Appeals was ca lled to o r d e r at 7:20 p.m. in the Englewood City Council Chambers, Chair Green presiding . 2. Roll Call Present: Carson Green, Angela Schmitz, Marcie O'Brien , Jordan May (e ntered at 7:25 pm}, David Pittinos, Tom Finn, Sue Purdy Excused Absence: David Sprecace Staff: Audra Kirk, Planner I Chair Green stated there were seven members present; therefore, five affirm ative votes are required to grant a variance or appeal. Chair Green stated the Board of Adjustment and Appeals is empowered to g r ant o r d e ny variances by Part Ill, Section 60 of the Englewood City Charter. Variances granted by the Bo a rd are subject to a 30-day appeal period. Variances are effective at the e nd of th e app eal p e riod. Building permits for construction associated with an approved va r iance will not b e is su es until the appeal period is ended. Building permits must b e obtained and con struction be gun within 180 days of the variance's effective date. Chair Green set forth parameters for the hearing : The case will be introduced ; applicant s will present their request and reasons the variance should be granted; proponents will be g iv e n an opportunity to speak; opponents will address the Board; and then staff will add r ess the Bo ard . Staff will give a preliminary overview of the variance before testimony is taken . l'.?] 3. Public Hearing Case #VAR2012-006 Katrina Vidic 4280 South Acoma 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 exceed the si x foot maximum fence height by up to three feet for a length of 30 lineal feet along the east r ea r lot line . This is a variance to Table 16-6-6.3 of the Englewood Municipal Cod e . • Audra Kirk, Planner I was sworn in. Ms. Kirk introduced photos of the property into the r ecord. • • She also presented a PowerPoint presentation and provided a brief overview of the property . The property is zoned R-2-B, as are the properties north, south and west. Properties directly to the east are zoned MU-B-2. A neighborhood complaint was received; therefore, a Stop Work Order was issued for working without a permit. [@) Katrina Vidic, 4280 South Acoma Street, was sworn in. The start of the fence, due to the grade of the back yard, is only seven feet and to keep the fence level, it increases to nine feet. There is a public, business parking lot across the back yard which allows people to see into her yard . Ms. Vidic answered questions from the Board. Chair Green asked if she had considered leveling the backyard, installing a 3-foot retaining wall, and constructing a six-foot fence on top of the retaining wall. Ms . Vidic responded that her fence kept falling down; she wanted a new fence "sooner rather than later." She was in a hurry to put in a new fence due to security concerns. There is also a lot of foot traffic in that area from the business, which is a safety concern . She was unaware that a permit was needed to build a fence; Denver does not require a fence permit. The parking lot is located at 4275 South Broadway. Because of the alley's grade and how it slopes, the parking lot sits up higher. Chair Green pointed out that a nine foot fence would be out of character for the neighborhood. Ms. Vidic responded that it would not obstruct or impede anyone's enjoyment of their property; it would be located on the rear of her property . Her opinion is that it adds to the neighborhood rather than detract. The decision on the height was based on safety and privacy. Those issues cannot be addressed with a six-foot fence. Ms. Vidic described the slope of her property. l!] 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 VAR2012-006 4280 SOUTH ACOMA STREET BE GRANTED A VARIANCE TO EXCEED THE SIX FOOT MAXIMUM FENCE HEIGHT BY UP TO THREE FEET FOR A LENGTH OF THIRTY-EIGHT LINEAL FEET ALONG THE EAST REAR LOT LINE PER THE ATIACHED SITE PLAN. MOVED BY MARCIE O'BRIEN SECONDED BY DAVID PITIINOS The Board discussed the alternative of a three-foot retaining wall with a six-foot fence constructed on top of the retaining wall. It is honorable to replace an old fence, but a six foot fence is sufficient. The remainder of the alley has lower chain-link fencing or no fencing at all. The property is not unique enough to warrant a nine-foot fence . The Board discussed a retaining wall; it is not within the Board's prevue to recommend next steps. The fence does not preserve the character of the neighborhood. • With no further discussion, the secretary polled the members' votes, and members provided their findings. • • Mr. Pittinos voted no. The size and shape of the property is consistent with other neighboring properties. No facts were presented related to the land or structure that deprive the applicant of privileges enjoyed by other properties in the vicinity. While safety is an issue in the area, a fence can be built to meet Code . A nine-foot fence alters the character of the neighborhood. There previously was a fence on the property. Mr. May voted no, concurring with Mr. Pittinos . Additionally, the variance is self-imposed. The applicant did not obtain a permit prior to constructing the fence . Ms. Schmitz voted no, concurring with Mr. Pittinos. Ms. O'Brien voted no, concurring with Messrs. Pittinos and May. It is a self-imposed hard ship. There is at least one other alternative available within the Code. Mr. Finn, Ms. Purdy, Chair Green voted no, concurring with previous statements. Vote: Motion failed by a roll call vote (summary: Yes= 0 No=7) No: Jordan May, Angela Schmitz, Carson Green, Marcie O'Brien, Tom Finn, David Pittinos, Sue Purdy The Chair instructed the applicant to contact staff for any additional or necessary information . ~ 4. Approval of Minutes a. July 11, 2012 Minutes MOTION: APPROVE THE JULY 11, 2012 MINUTES AS WRITIEN MOVED BY ANGELA SCHMITZ SECONDED BY THOMAS FINN Vote: Motion passed by unanimous vote (summary: Yes= 4 No=O.) Yes: Carson Green, Sue Purdy, David Pittinos, Thomas Finn Abstain: Marcie O'Brien, Angie Schmitz, Jordan May b. July 17, 2012 Minutes MOTION: APPROVED THE JULY 17, 2012 MINUTES AS WRITIEN MOVED BY DAVID PITIINOS SECONDED BY THOMAS FINN Vote: Motion passed by unanimous vote (summary: Yes= 5 No=O.) Yes: Carson Green, Angela Schmitz, David Pittinos, Thomas Finn, Jordan May Abstain: Marcie O'Brien, Sue Purdy ' - • [?] • • 5. Approval of Findings of Fact a. Case VAR2012-004, 3122 South Gaylord Street The address needs to be corrected to 3122 South Gaylord Street . MOTION: APPROVE THE FINDINGS OF FACT IN CASE VAR2012 -004, 3122 SOUTH GAYLORD, AS AMENDED . MOVED BY DAVID PITIINOS SECONDED BY THOMAS FINN Vote: Motion passed by unanimous vote (summary: Yes= 5 No=O.) Yes: Carson Green, Angela Schmitz, David Pittinos, Thomas Finn, Jordan May Abstain: Marcie O'Brien, Sue Purdy b. Case VAR2012-005, 4706 South Grant Street MOTION: APPROVE THE FINDINGS OF FACT IN CASE VAR2012 -005, 4706 SOUTH GRANT STREET, AS WRITIEN. MOVED BY DAVID PITIINOS SECONDED BY SUE PURDY Vote: Motion passed by unanimous vote (summary: Yes= 4 No=O.) Yes: Carson Green, Sue Purdy, David Pittinos, Thomas Finn Abstain: Marcie O'Brien, Angie Schmitz, Jordan May 6. Staff's Choice There is no case for September. Chair Green asked if the neighbor notification form had been changed to add an option for a tenant to sign as well as the property owner. Ms. Kirk responded that she will work on the form . 7. Attorney's Choice Ms. Reid had nothing further. 8. Board Member's Choice The Board had nothing further. 9. Adjourn The meeting adjourned at 7 :55 pm .