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HomeMy WebLinkAbout2013-02-13 BAA MINUTES•• • CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES FEBRUARY 13, 2013 l!l1 1. Call to Order 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, David Sprecace, and Tom Finn (alternate) 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 Adj ustm ent and Appeals is empowered to grant or deny variances by Part 111 , 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 const ruction 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 sho uld 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 . [11] 3. Public Hearings Case #VAR2013-001 Hammers Construction, In c. 2300 West Evans Avenue Chair Green opened the pub li c hearing stating he had proof of posting and publication . He introduced the case stating the app licant is requesting a variance to exceed the five foot maximum front setback by eight feet in order to construct a new commercial building. This is a variance to Table 16-6-1 .1 of the Englewood Municipal Code . • [11] • • Audra Kirk, Planner I, was sworn in. Ms. Kirk provided an overview of the property and the variance request. The property is a vacant pa rcel and is zoned MU-B-2. Properties to the south and west are zoned R-2-A , and properties to the north are located in the City and County of Denver. Neighbor notifications have been provided from 2280 and 2390 West Evans Avenue. There are no other variances recorded against the subject p roperty. The variance request was reviewed by other C ity departments and all comments are contained within the Staff Report. Chair Green asked for clarification on the intent of the front setback being no more than five feet for the MU-B2 district. Ms. Kirk responded that it was intended to create a strong deve lopment edge where bu il d in gs are bui lt close to the street rather than the parking lot being at the street front. It is intended for both retail and commercial buildings, and enco urage pedestrian traffic. [?] Joe Butler of Hammers Construction, 1411 Woo lsey Heights, Co lorado Springs, was swo rn in. The goal is to construct the new building in lin e with the other buildings along Evans Avenue. There wou ld be a 24-foot drive lane behind the ex istin g parking, which is located within a C ity right-of-way. This allows drivers to utili ze parking at the front of the building. Due to the utility easements, the building cannot be b uilt to the prescribed setback. The required parking for the new building is located on the East. Mr. Butler review ed the submitted site plan with the Board. The adjacent bui ld in g is also more than 5 feet from the front property lin e. Ms. Kirk clarified that the north parking area is actua ll y City property, which is why the utility easement is located beh in d the parking area. Referring to the site plan, Ms. Kirk exp lained that the dark, dashed lin e is the actu al property lin e. l?lJ 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 VAR2013-001 2300 WEST EVANS AVENUE BE GRANTED A VARIANCE TO EXCEED THE MAXIMUM FIVE FOOT FRONT SETBACK BY EIGHT FEET TO CONSTRUCT A NEW COMMERCIAL BUILDING. THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE. MOVED BY Ange la Schmitz; SECONDED BY David Sprecace The easement creates a unique physica l cond iti on; the property owner cannot build over th e easement. Other properties in the n eighbor h ood do n ot have buildings b uilt w ithin five feet of the front property line. The proposed building w ill be closer to the front property • lin e than other buildings nearby. • • With no further discussion, the secretary polled the members' votes, and members provided their findings. Mr. Pittinos voted yes. The first criterion is met because there is an existing seven foot easement which prohibits the property owner from complying with constructing the building at the five foot front setback. The variance strikes a balance between the need for access to the easement and still keeping the building close to the front property line which is the intent of the regulation. The building on the property will be closer to the five foot setback than any other nearby property. The seven foot easement creates the hardship which was not created by the applicant. Mr. May voted yes, concurring with Mr. Pittinos. Further, the building immediately to the east has a similar boundary. Ms . Schmitz, Mr. Sprecace, Ms. O 'Brien, Ms. Purdy, and Chair Green voted yes , concurring with Messrs. Pittinos and May. Chair Green added that it is great to see new construction . 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. ~ Case #VAR2013-002 Rebecca Skelton Dickman James Dickman 31 76 South Vine 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 minimum 20 foot rear setback by four feet to construct an addition to an existing residence . This is a variance to Table 16-6-1.1 of the Englewood Municipal Code. Ms. Purdy recused herself for personal reasons and stepped down from the dais . Mr. Finn, the Board 's alternate, took his place at the dais. Audra Kirk, Planner I, was sworn in. Ms. Kirk provided an overview of the property and the variance request. The property is zoned R-1-A, as are the surrounding properties. Neighbor Notifications were submitted for 3166 South Vine Street and 31 77 South Vine • Court. There are no other recorded variances on the property. The variance request was • • • reviewed by other City departments and all com m en ts a re contained with in the Staff Repo rt. Second st o ri es are permitted in th e R-1-A zone district, even though they are o ut of charac t e r for the n ei ghborhood. r?l) Rebecca Skelton Di ckman, 31 76 South Vine Street, was swo rn in. The applicant testified that the main reason she does not wan t t o add a second story is because the addition is for her elder ly mother who uses a wa lk er an d she is unable to use stai rs. A lso, there are no other two-story homes in the neighborhood and wo ul d like to maintain the character of the neighborhood. ·The southern porti on of the add itio n on ly e n croaches two feet, but due to the shape of the lo t the northern portion e ncroaches four feet. The hallways and doorways are wide r to accommodate a w h ee lch air or a gurn ey, if n ecessa ry. There is n ot an alt ernate location on the lot fo r the add ition to be built. Mr. May confi rm ed with staff that th e enc roachmen t spans two to four feet as testified by the app li cant. Ms. Kirk responded that was co rr ect. Ms. Kirk stated the R-1-A zone district is the most restrictive res idential district. Setbacks are larger and the maximum lot coverage is less. Mr. Pittinos stated th ere appea r ed to be other odd-shaped lots on the b lock. There we re no other persons p rese nt to testify fo r or aga in st the variance. Chair Green incorporated the staff report and exhib its into the record and closed the pub li c hearing. MOTION: THAT CASE VAR2013-002, 3176 SOUTH VINE STREET, BE GRANTED A VARIANCE TO EXCEED THE MINIMUM 20 FOOT REAR SETBACK BY FOUR FEET TO CONSTRUCT AN ADDITION TO AN EXISTING RESIDENCE. THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE. MOVED BY Jordan May; SECONDED BY David Sprecace The Board d is cussed the case . With no further discuss i on, th e secretary po ll ed the members' votes, and members prov i ded their findings. Mr. May voted yes. The lot lin es are n ot pe rp endi c ul a r and the app li cant is not encroaching four feet for the entir e len gth of the new structure. The c h aracter of th e neighborhood is p r eserved by maintaining a one-st o ry st ru ctur e. The R-1-A Zone District is the most restrictive res idential d ist ri ct, and th e addition meets all other zone dist ri ct criteria. Neighbors have subm itted stateme nts of supp ort for the var iance. It is not a self-imposed hardship due to the size of the lot and the lack of perpendicu lar property lin es . Mr. Pittinos voted yes. Addi n g a first-floor addition is cons ist ent w ith homes in the neighborhood. • Ms. Schmitz, Mr. Sprecace, Ms. O 'Brien , Mr. Finn , and Chair Green voted yes, concurring with Messrs. May and Pittinos. • Vote: Motion passed by a roll call vote (summary: Yes =7 No=O.) Yes: Pittinos, May, Schmitz, Sprecace, O 'Brien, Finn, Chair Green Motion passed. The Chair instructed the applicants to contact staff for any additional or necessar y information. Mr. Finn stepped down and Ms. Purdy retook her seat at the dais. [fll Case #VAR2013-003 Mary K. Thompson 29 16 South Cherokee Street Chair Green opened the public hearing stating he had proof of posting and publication. H e introduced the case stating the applicant is requesting a variance to replace and expand a non-conforming front porch and encroach into the front setback by a maximum of 14 feet This is a variance to Table 16-6-1.1 of the Englewood Municipal Code. 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 the surrounding properties. Neighbor statements were received from 2908, 2917, and 2918 South Cherokee Street. There are no other recorded variances on the property. The variance req uest was review ed by other City departments and all comments are contained within the Staff Report. Ms. Kirk pointed out that staff misread the site plan, and the encroachment is actually 14 feet. The property posting and paper both stated "13 " feet. She apologized for the error. The Board reviewed the property posting and the newspaper posting. The Board discussed whether the property was improperly posted. [fll Mary Thompson and Jerry Buckley, 2916 South Cherokee Street, were sworn in . Chair Green asked if the concrete slab was changing in size. Mr. Buckley stated th e concrete will not be going any closer to the street; they are only asking to go wider. The current overhang is falling apart. Mr. Buckley testified that it is 16 feet 4 inches to the house ; and the concrete extends 4 feet 8 inches. All the houses in the neighborhood were built before zoning codes existed. The front property line to the current slab is 11 feet 11 inches. The house and porch already encroach into the front setback; they are only looking to widen • the porch. • • • The Board discussed the property pos tin g. The var iance needed is 14 feet, which does not match the pub li cat ion or property posting. The Board determ in ed the property was not posted proper ly and the case needs to be contin u ed. The Board d i scussed holdin g a spec ial m ee ting. It was the consens u s of the Board to take all t es tify and continue the case. Chair Green confirmed that the app li ca nts are on ly w iden in g the co ncr et e and rep lac in g the porch cover. The app li cants responded that was cor r ect. If th e variance were only for 13 feet, 1 foot of concrete would need to be removed since it i s alr eady e n c roachin g into the setback and they are not exte n di n g any further out from the hous e. Th e re we re no othe r persons present to testify for or against the va ri ance. Chair Green in co rpo rat ed th e staff repo rt and ex hi b its into the record . MOTION: THAT CASE VAR2013-003 2916 SOUTH CHEROKEE STREET BE GRANTED A VARIANCE TO REPLACE AND EXPAND A NON-CONFORMING FRONT PORCH AND ENCROACH INTO THE FRONT SETBACK BY A MAXIMUM OF 14 FEET. FURTHER THAT CASE VAR2013-003 2913 SOUTH CHEROKEE STREET BE CONTINUED TO FEBRUARY 27, 2013. MOVED BY Marcia O 'Brien; SECONDED BY Angela Schmitz Motion passed by unanimous vote . The Chair instructed the app li ca nt to c onta ct staff for any add ition al or n ecessa ry information. [!] 4. Elections MOTION: THAT SUE PURDY BE ELECTED CHAIR. MOVED BY Marcia O'Brien; SECONDED BY Ange la Schmitz Ms. Purdy d eclined the nomination. MOTION: THAT CARSON GREEN BE ELECTED CHAIR. MOVED BY Sue Purdy; SECONDED BY Jordan May Motion passed by un animous vote. MOTION: THAT MARCIA O'BRIEN BE ELECTED VICE CHAIR. MOVED BY Jordan May; SECONDED BY Sue Purd y Motion passed by un an imou s vote . • • • 5. Staff's Choice There is not a case scheduled for th e M arc h m ee tin g. 6. Board Member's Choice The Board had nothing further . 7. Adjourn The m ee ting adjo urn ed at 8:20 pm