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Home My WebLink About2012-10-10 BAA MINUTES• • • ~ 1. Call to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES OCTOBER 10, 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, Sue Purdy, David Pittinos, Angela Schmitz, Marcie O'Brien, Jordan May, Tom Finn Excused Absence: David Sprecace Staff: Nancy Reid, Assistant City Attorney; Brook Bell, 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. [?] 3. Public Hearings Case #VAR2012-008 Ann Brinkerhoff 3198 Sou t h York 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 2 feet into the required 7 foot north side setback in order to enclose a breezeway and attach an existing garage to the principal structure. This is a variance to Table 16-6-1.1 of the Englewood Municipal Code. • • • [!lJ Brook Bell, Planner II, was sworn in. Mr. Bell provided an overview of the property and the variance request. The subject property is zoned RlA, Single Unit Residential Large Lot size , as are surrounding properties. There is a covered breezeway that connects the detached garage to the main house . The house was constructed in 1954, and is located on a 14,383 square foot lot. For lots that are greater than 9,000 square feet, the side setbacks for the principal structure are 7 feet and 5 feet for a detached garage. The house and detached garage currently meet the required setbacks, with the exception of the south side which encroaches a little into the side setback. Since there are no improvements planned on the south side, that encroachment is grandfathered. By attaching the garage to the principal structure and enclosing the covered breezeway, the detached garage becomes part of the principal structure and is required to be 7 feet from the side property line . [!lJ Ann Brinkerhoff, 3198 South York Street, was sworn in. Chair Green asked if she had an objection to the Board restricting the variance to a one-story garage . Ms. Brinkerhoff had no objection. Ms. Brinkerhoff stated she wanted to enclose the breezeway to add more living space for her large family gatherings . Further, adding an addition into the back yard , which would not require a variance , would not be cost effective and is too large of a project for her to undertake . The breezeway already exists with a roof; it just needs to be closed in. It also provides her safer access to the main house and eliminates someone having direct access to the backyard . Mr. Bell stated the enclosure of the covered breezeway will not be seen by the north and south neighbors . lW 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 VAR2012-008 3198 SOUTH YORK STREET BE GRANTED A VARIANCE TO ENCROACH 2 FEET INTO THE REQUIRED 7 FOOT NORTH SIDE SETBACK IN ORDER TO ENCLOSE A BREEZEWAY AND ATTACH AN EXISTING GARAGE TO THE PRINCIPAL STRUCTURE PER THE ATTACHED SITE PLAN, SUBJECT TO THE PROVISION THAT NO SECOND STORY IS PERMITTED ON THE GARAGE. THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE. MOVED BY DAVID PITTINOS; SECONDED BY TOM FINN Chair Green stated he drove by the property and the configuration is very common in the neighborhood. There are at least three other houses on the block that have the garage and house connected by a covered breezeway. Ms. O'Brien stated it will not infringe on the • • • neighbors and is a good solution for the applicant to accommodate her family. Mr. May stated enclosing the breezeway adds additional security and is also effic ient since the roof already exists . With no further discussion , the secretary polled the members' votes, and members provided their findings. Mr. Pittinos voted yes. The property is a unique shape and the location of the structure is also unique in that the garage is not attached . Enclosing the breezeway will make the property safer. There are other similar structures on the block so the variance will not alter the character of the neighborhood. Property owners to the north and south will not be able to tell a difference. The roofline is consistent across the entire structure on the property. The house was constructed in 1954 as it currently exists; it is not something the applicant created . Mr. May voted yes concurring with Mr. Pittinos . In addition, the structure was constructed under an approved Building Permit in 1954. The current Code requires a variance for the encroaching garage, whereas the previous Code may not have required a variance. Ms. Schmitz, Ms . O'Brien, Mr. Finn , Ms . Purdy, and Cha i r Green voted yes concurring with Messrs . Pittinos and May. Vote: Motion passed by a roll call vote (summary: Yes =7 No=O.) Yes: Pittinos, May, Schmitz, O'Brien, Finn, Purdy, Chair Green Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. l?ll Case #VAR2012-010 Judie Fisher 3291 South Pearl 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 5 feet 6 inches into the required 25 foot front setback in order to enclose a portion of the front porch . This is a variance to Table 16-6-1.1 of the Englewood Municipal Code . Brook Bell, Planner II, was sworn in . Mr. Bell provided an overview of the property and the variance request. The property is located at the corner of Pearl Street and Floyd Avenue. It is in the RlC Zone District, as are surrounding properties . The lot is 75 feet wide, which is wide r than the majority of l ots in the RlC Zone District. There are two houses located on the property. A previous variance was granted in 1968 to continue use of the two dwellings on the • • • one building site . Both dwellings were constructed in 1920, prior to any zoning regulations in the City. The aerial photo depicts how close the house was built to the front property line; there are others in the block that appear to be encroaching into the front setback as well. The appl icant is proposing a 3'x8' bump-out into the already covered front porch and to enclose it as a type of vestibule . The existing principal structure currently encroaches 2 feet 6 inches into the front setback . The enclosure of the porch would encroach another 3 feet, for a total of 5 feet 6 inches into the front setback . [?] Judie Fisher, 3291 South Pearl Street, was sworn in. Ms. Fisher testified that nothing on the footprint of the house is changing . The current entry of the house is a difficult configuration, and wet feet could make it dangerous. She wishes to provide a better entryway that is safe. Mr. Bell stated there are a number of exceptions in the Code for front setbacks; unfortunately this case does not meet those exceptions . Mr. May asked for clarification if the variance is required because the front porch is beyond the front setback. Mr. Bell responded; the existing face of the house, not the porch, already encroaches into the front setback by 2 feet 6 inches. It is a legal, non-conforming structure . With the addition of the 3 foot bump-out, the encroachment increases because it is new construction . The second house on the property has no bearing on the variance . 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 VAR2012-010 3291 SOUTH PEARL STREET BE GRANTED A VARIANCE TO ENCROACH 5 FEET 6 INCHES INTO THE REQUIRED 25 FOOT FRONT SETBACK IN ORDER TO ENCLOSE A PORTION OF THE 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 PITTINOS; SECONDED BY ANGELA SCHMITZ Chair Green stated it will be an improvement to the property for safety. It is within the character of the neighborhood. W ith no further discussion, the secretary polled the members' votes, and members provided their findings . Mr. May voted yes. The structure is a current legal, non-conforming structure that was constructed in 1920 before the City had a Zoning Code. The new construction is only encroaching 3 feet within that legal, non-conforming structure. The house is indicative of the zone district and there are no other negative impacts. The adjacent property owner signed a • • • statement voicing approval of the variance . The applicant is asking for a minor improvement for safety purposes . Mr. Finn voted yes concurring with Mr. May. Further, the structure is staying within the existing footprint . Mr. Pittinos, Ms. Schmitz, Ms. O'Brien, and Ms. Purdy voted yes, concurring with Messrs. May and Finn. Chair Green voted yes, concurring with Messrs. May and Finn. Additionally, the house existed on the current footprint prior to any zoning codes and was not the fault of the applicant's . Vote: Motion passed by a roll call vote (summary: Yes =7 No=O.) Yes: Pittinos, May, Schmitz, O'Brien, Finn, Purdy, Chair Green Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information . ~ 4. Staff's Choice One variance case will be heard in November. The City is now on Facebook . 5. Attorney's Choice Ms. Reid had nothing further. 6. Board Member's Choice The Board had nothing further. 7. Adjourn The meeting adjourned at 7:35 pm .. SCALE 1" 20' • COLORADO ENGINEERING & SURVEYING, INC. Surveying Colorado Slnce 1972 www.copls.com NO. 2012-1603 ANN BRINKERHOFF 3470 So . Sherman St., Suite 2 Englewood, Colorado 80113 PHONE: I (303) 761-8055 FAX: (303) 761-0841 LOT 11 ;_o; o 112.94' ------1 ::.:: (.) UJ Cl Cl 0 0 3:: ·7"'~::-; ·f3/;:!' I ll::: l..LJQ · NOTE: ADJOINER'S CONCRETE ~-DRIVEWAY IS INTO LOT 10 AS APPROX/MA TEL Y SHOWN I I I I I I I I I I I I I I I J I I LOT 10 APPROXIMATE LOCATION OF WOOD FENCE LEGAL DESCRIPTION : I- I ~ I ~ w I ~ I ~ I~ I b I ....-....- I . ,• . • • w > <( 0 >-0 __J LL w .. I I I I b It') IN --- EXISTING STRUCTURE TO REMAIN EXISTING 1 STORY RESIDENCE AREA OF WORK: NEW 2'-6"x8'-o" FOYER ENTRY ~ WITH NEW ENTRY DOOR EXISTING STRUCTURE TO REMAIN EXISTG. ROOF TO REMAIN UNCHANGED Proposed Side Elevation DIAGONAL HATCH INDICATES NEW ROOM ADDlllON EXlS'fG. ROOF TO REMAIN /UNCHANGED SITE PLAN S. PEARL STREE~ LEGAL DESCRIPTION: pro j. number 08 29 12 LOTS 25, 26 AND 27, BLOCK 6, HAWTHORN, COUNTY OF ARAPAHOE, STATE OF COLORADO New Foyer Addition 3291 S. Pearl Street, Englewood CO. FISHER RESIDENCE contact: J i m Keavney c.720.320.8891 jim@KstudioArch.com ph.303.630.9514 fax. 303.278.8844