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HomeMy WebLinkAbout2013-05-08 BAA MINUTES• • • [~ 1. Call to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES MAY 8, 2013 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 Pittinos Sue Purdy, Angela Schmitz, Marcie O'Brien, Jordan May, David Sprecace, and Tom Finn (Alternate) Absent: None Staff: Audra Kirk, 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 IIt 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 #V AR2013-004 Les and Norma Nack 4775 South Grant Street Chair Green opened the public hearing stating he had proof of posting and publication. He introduced the case stating the applicants are requesting a variance to construct a front porch 36 inches from grade; 6 inches higher than the maximum 30 inches allowed. This is a variance to Section 16-6-1.F.5.e(l) of the Englewood Municipal Code [aJ Audra Kirk, Planner I, was sworn in. Ms. Kirk provided an overview of the property and the variance request. The property and surrounding properties are zoned Rl C, Single Unit Residential. Neighbor notifications were received from 4744 South Grant and 4777 South Grant. There is one previous variance on the property for a late registration of a basement apartment as a legal, non-conforming use. According to County records, the property has reverted to a single-unit dwelling . The variance was reviewed by other departments, and those comments are included in the staff report. Bill Hardison, 4261 West Pond Circle, was sworn in. Mr. Hardison is the architect for Mr. and Mrs. Nack, the owners of the property. Mr. Hardison testified that the floor of the house is 41 inches above grade. The hous.e currently has a large, concrete stoop with 10 inch risers, and it is difficult for the Nack's, an elderly couple, to maneuver. Referring to the drawing, the porch needs to be 36" inches above the floor deck to be above the window and the gas meter. Xcel Energy has no issues with the porch being built over the gas meter as long as they have access. The existing concrete steps will be removed when the new porch is built. Staff submitted a letter to the Board which was inadvertently left out of their packet. The Board took a few minutes to individually read the letter addressing the variance criteria. [aJ Addressing questions from the Board, staff responded that if the porch were not 3 feet into the front setback the 36 inch porch height would not be a problem. A variance is not needed for encroaching into the front setback since it is not more than 5 feet. The • stairs do not count towards the setback. [aJ 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 VAR2013-004 4775 SOUTH GRANT STREET BE GRANTED A VARIANCE TO CONSTRUCT A FRONT PORCH 36 INCHES FROM GRADE; 6 INCHES HIGHER THAN THE MAXIMUM 30 INCHES ALLOWED. THIS IS A VARIANCE TO SECTION 16-6-1.F.5.e(l) OF THE ENGLEWOOD MUNICIPAL CODE. MOVED BY David Sprecace; SECONDED BY Marcie O'Brien The new porch will increase safety and won't be out of character for the neighborhood. With no further discussion, the secretary polled the members' votes, and members provided their findings. • Mr. Pittinos voted yes. The basement windows and the gas meter deprive the applicants the privileges that are enjoyed by other properties in the vicinity. The existing steps are steep and cause safety issues. The new stairs will remedy that issue. The new porch configuration will allow access to the windows and the gas meter. Front porches are a common element in the neighborhood and the character of the neighborhood will not be changed. The house was constructed more than 50 years ago, and it is not practical to move the windows or the gas meter. Mr. May, Ms. Schmitz, Ms. Purdy, Mr. Sprecace, Ms. O'Brien, and Chair Green voted yes, concurring with Mr. Pittinos. Vote: Motion passed by a roll call vote (summary: Yes =7 No=O) Yes: Pittinos, May, Schmitz, Sprecace, O'Brien, Purdy, Chair Green Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. • [aJ 4. Staff's Choice • There are two variances scheduled for June 12. • • 5. City Attorney's Choice Ms. Reid informed the Board that Don Roth was the 2013 Englewood Citizen of the Year, and a ceremony honoring Mr. Roth is scheduled for Monday, May 13, 7pm at the Malley Center. City Council passed an Ordinance banning marijuana retail stores, manufacturing facilities, and grow operations. An advisory vote will be placed on the November ballot to determine if Englewood citizens would like to maintain that ban. 6. Board Member's Choice Chair Green applied and was appointed to the Denver Regional Council of Government (DRCOG) Citizen Advisory Committee. Chair Green provided a brief overview of DRCOG. 7. Adjourn The meeting adjourned at 7:30 pm