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HomeMy WebLinkAbout2012-11-14 BAA MINUTES• • • l!lJ 1. Call to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES NOVEMBER 14, 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, Tom Finn Absent/Excused: Jordan May, David Sprecace Staff: Nancy Reid , Assistant City Attorney; Audra Kirk, 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 : 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. l!lJ 3. Public Hearing Case #VAR2012-012 Keely Sugden 150 East Cornell Avenue 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 reduce the minimum required 40 foot lot width to 37 feet and set the maximum lot coverage at 40 % for the purpose of establishing dimensional requirements for an addition to an existing one -unit dwelling on a • • lot that does not meet the minimum lot requirements . This is a variance to Table 16-6-1.1 of the Englewood Municipal Code . [t] Audra Kirk, Planner I, was sworn in. Ms. Kirk provided an overview of the property and the variance request. The property is zoned R-2-B, as are surrounding properties. There are no previous variances on the property. The variance was reviewed by seven City departments; their comments are contained within the staff report. The Unified Development Code (UDC) does not contain dimensional standards for existing, developed lots less than 40 feet wide . If the variance is granted, the property will meet the R-2- B zone district standards for a small lot. Keely Sugden, 150 East Cornell Avenue , was sworn in . Ms . Sugden had nothing more to add to her submitted variance application. She wishes to add an addition onto her house. Chair Green asked for clarification on the addit ion . Ms . Kirk responded that the applicant is not adding a two-story addition. The house is currently two-stories and the applicant wishes to enlarge the kitchen (first floor) and a bedroom (second floor). l?] There were no other persons present to testify for or against the variance. Cha i r Green incorporated the staff report and exhibits into the record and closed the public hearing. MOTION: THAT CASE VAR2012-012 150 EAST CORNELL AVENUE BE GRANTED A VARIANCE TO REDUCE THE MINIMUM REQUIRED 40 FOOT LOT WIDTH TO 37 FEET AND SET THE MAXIMUM LOT COVERAGE AT 40% FOR THE PURPOSE OF ESTABLISHING DIMENSIONAL REQUIREMENTS FOR AN ADDITION TO AN EXISTING ONE-UNIT DWELLING ON A LOT THAT DOES NOT MEET THE MINIMUM LOT REQUIREMENTS. MOVED BY David Pittinos; SECONDED BY Angela Schmitz With no further discussion, the secretary po l led the members' votes, and members provided their findings. Ms. O'Brien voted yes . The house was constructed in 1915 when zoning codes did not exist in the City. The width of the subject property is 3 feet under the required 40 foot minimum for a small lot. The variance request does not appear to create any public health, safety, and welfare issues. The exist i ng house and proposed addition would meet all the dimensional requirements for a principle structure on a small lot in a R-2-B zone district. The surrounding properties are already developed . The existing prtnciple structure was constructed on a 37 foot wide lot that was created through a subdivision prior to the adoption of any zoning codes • within the City. • • • Mr. Pittinos voted yes, concurring with Ms. O'Brien. In addition, the house, with the addition, will not be unusually large for the neighborhood. The lot coverage will be similar to other properties in the neighborhood. Mr. Finn, Ms. Schmitz, Ms. Purdy, and Chair Green voted yes concurring with Ms. O'Brien and Mr. Pittinos . Vote: Motion passed by a roll call vote (summary: Yes =6 No=O.) Yes: Pittinos, Finn, Schmitz, O'Brien, Purdy, Chair Green Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. 4. Approval of Minutes MOTION: APPROVE THE OCTOBER 10, 2012 MINUTES AS WRITTEN. MOVED BY Sue Purdy; SECONDED BY David Pittinos Vote: Motion passed by a roll call vote (summary: Yes =6 No=O) Yes: Pittinos, Finn, Schmitz, O'Brien, Purdy, Chair Green 5. Approval of Findings of Fact MOTION: APPROVE THE FINDINGS OF FACT FOR CASE VAR2012-008, 3198 SOUTH YORK STREET, AS WRITTEN. MOVED BY Angela Schmitz; SECONDED BY David Pittinos Vote: Motion passed by a roll call vote (summary: Yes =6 No=O) Yes: Pittinos, Finn, Schmitz, O'Brien, Purdy, Chair Green MOTION: APPROVE THE FINDINGS OF FACT FOR CASE VAR2012-010, 3291 SOUTH PEARL STREET, AS WRITTEN. MOVED BY David Pittinos; SECONDED BY Tom Finn Vote: Motion passed by a roll call vote (summary: Yes =6 No=O) Yes: Pittinos, Finn, Schmitz , O'Brien, Purdy, Chair Green 6. Staff's Choice There is not a case for December 12 . • • • 7. Attorney's Choice Ms . Reid had nothing further. [?] 8. Board Member's Choice Ms . Purdy will organize the holiday dinner. Mr. Finn asked if the flood report referenced in the staff report is located in the Unified Development Code . Ms. Ki rk responded that it is not within the UDC; it is an independent report that is referenced when a property shows on the map as being in located within "probable areas affected by flooding from a 100-year storm ." Discussion ensued. The UDC Floodplain regulations are slated to be updated to conform to State requirements .