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Home My WebLink About2014-05-14 BAA MINUTES• 1. Call to Order CIT Y OF ENGLEWOOD BOARD OF ADJUSTM ENT AND APPEALS M INUTES MAY 14, 20 14 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, Tom Finn, and David Sprecace Absent: Marcia O'Brien, Angela Schmitz, Randal Freisen (Alternate) Staff: Audra Kirk, Planner Nancy Reid, Assistant City Attorney Chair Green stated there were f ive members present; therefore, four affirmative votes are required to grant a variance or appea l . • Chair Green stated that the Board of Adjustment 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 . Bu ilding 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. ltll 3. Pub lic Hearing Case #VAR2014-0 0 2 Signature Senior Living, LLC 3560 South Clarkson Street 3590 South Clarkson 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 reduce the minimum distance requirement between a group living facility and another group living facility from • • • 1,250 feet to 375 feet. These are variances to 16-5-2 :A.1 of the Englewood Municipal Code . ~ Audra Kirk, Planner, was sworn in. Ms. Kirk provided a brief overview of the property. The properties, located on the northeast corner of Clarkson and Jefferson, are zoned M-2 . Properties to the north and west are also zoned M-2; properties to the east are zoned R-2- B. There are no previous variances on the properties . Other city departments reviewed the variance request and had no issues. If the variance is approved, the applicant will be requesting a Conditional Use Permit from the Planning and Zoning Commission. Mr. Finn asked why the zoning regulations were not being updated to remove assisted living/memory care facilities from the group living faci lity designation. A variance seems to be the wrong path. These type of facilities should be permitted to be closer together, especially with the medical facilities in the City, rather than being grouped in with fraternity houses and such. Ms. Kirk responded the department will be looking at those Code changes in the future, but the process takes a minimum of si x months. For the sake of the applicant wanting to build the project and time, a variance was offered as an alternative . !?Jl Gale Schrag, Signature Senior Living, 2785 Heather Road, Golden, Colorado, was sworn in . The proposed use is different from the examples listed in the Zoning Code; they are specifically an assisted living and memory care facility. The development complies with all other zoning criteria -setbacks, parking, etc. The use fits in with the character of surrounding medical facilities . They did not find other assisted living or memory care facilities within the 1,250 foot radius . In response to questions from the Board, Mr. Schrag stated the company has not purchased the property; the purchase is contingent on obtaining the variance. Off-street parking will be located on the ground floor, with the facilities above. The sewer inlet elevation in the alley is 57 and the elevation at Clarkson is 44. With living space and bathrooms above the garage, it will allow sewer to drain by gravity. The difference in the elevation makes the property unique. The use fits in the neighborhood, and the parking ratio is 1 :3 whereas a medical office building or hotel requires more parking . ~.= ~ Genevieve Boddie, 3588 South Emerson St., was sworn in . Ms . Boddie testified that her property is located at the corner of Jefferson and Emerson; directly east of the subject property. Ms . Boddie expressed the following concerns: 2 • • • • There is a memory care facility in Littleton on Broadway; has research been conducted to determine if there are other such facilities in the surrounding areas. • High traffic retail in a residential area • Height of the building • Does the project provide economic diversity to the City? • Rental properties in the neighborhood have increased on-street parking signif icantly Chair Green informed Ms. Boddie that a number of her concerns are directly addressed in the staff report, which is located on the City's website. With regard to the height, the Board has not been presented with a request to vary the permitted building height. The parking requirement is dictated by the number of residents and staff. Christy McNeal, 3585 South Emerson, was sworn in . She expressed concern regarding the use of the alley. The alley slopes because Emerson is higher than the prope rty on Clarkson . Currently there is the benefit of southern and western exposure, but with a mult i-story building the alley w ill become extremely icy in the winter . Ms. Kirk stated the subject property has been difficult to develop; any development on the site will require a lift station for sanitary/sewer. This requirement has prohibited all other development on the site. The neighbors' concerns may also be expressed at the Planning Commission public hearing . If the variance is granted, the hearing will be held on Tuesday, June 3. Retail is a use that is permitted in the zone district; however, the current plan does not include any retail. The project meets all other zoning requirements -height, parking, setbac ks, etc. The only variance needed is the distance between other group living facilities. ~ 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 1: THAT CASE VAR2014-002, 3560 and 3590 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO REDUCE THE MINIMUM DISTANCE REQUIREMENT BETWEEN THE PROPOSED GROUP LIVING FACILITY, LARGE/SPECIAL, AS DEFINED IN 16-11-2 EMC AND THE EXISTING GROUP LIVING FACILITY AT 3575 SOUTH WASHINGTON STREET FROM 1,250 FEET TO 375 FEET. MOVED BY Dave Sprecace SECONDED BY David Pittinos MOTION 2: THAT CASE VAR2014-002, 3560 AND 3590 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO REDUCE THE MINIMUM DISTANCE REQUIREMENT BETWEEN THE PROPOSED GROUP LIVING FACILITY, LARGE/SPECIAL, AS DEFINED IN 16-11-2 EMC AND THE EXISTING GROUP LIVING FACILITY AT 3455 SOUTH CORONA STREET FROM 1,250 FEET TO 850 FEET. MOVED BY Dave Sprecace SECONDED BY David Pittinos 3 • • • l?lJ MOTION 3: THAT CASE VAR2014-002, 3560 AND 3590 SOUTH CLARKSON STREET, BE GRANTED A VARIANCE TO REDUCE THE MINIMUM DISTANCE REQUIREMENT BETWEEN THE PROPOSED GROUP LIVING FACILITY, LARGE/SPECIAL, AS DEFINED IN 16-11-2 EMC AND THE EXISTING GROUP LIVING FACILITY AT 3636 SOUTH PEARL STREET FROM 1,250 FEET TO 550 FEET. MOVED BY Dave Sprecace SECONDED BY David Pittinos The uniqueness of the property is the topography which requires a lift station to connect the sewer . Since the property has not been purchased, there is no self-imposed hardship . Mr. Finn offered a friendly amendment that the group living facility, large/special be limited to an assisted living/memory care facility. Mr . Sprecace and Mr . Pittinos accepted the friendly amendment. With no further discussion, the secretary polled the members' votes, and members provided their findings on Motion One as Amended . Mr . Pittinos voted yes. The unique physical condition of the property is the topography . The elevation of the property makes it difficult to develop and deprives the applicant of privileges enjoyed by other properties in the vicinity. Promoting medical uses in the area is consistent with the intent of the zone district regulations . The definition of group living facility does not necessarily apply to memory care and assisted living facilities . The surrounding properties are residential and medical uses; the proposed use will not change those uses . The hardship is created by the topography of the property and is not a self- imposed difficulty or hardship . Mr. Finn, Mr. Sprecace, and Ms . Purdy voted yes concurring with Mr . Pittinos. Chair Green voted yes, concurring with Mr. Pittinos. He also stated the applicant has found a unique way to address the topographical issues of the property and has creatively developed a use of the property that fits well in the neighborhood. The applicant has not purchased the property and their purchase is contingent on receiving the variance and the conditional use permit; therefore it is not a self-imposed hardship . Vote on Motion 1 as Amended: Motion passed by a roll call vote (summary: Yes =5 No=O) Yes : Pittinos, Finn, Sprecace, Purdy, Green Motion passed . With no further discussion, the secretary polled the members ' votes, and members provided their findings on Motion Two as Amended . 4 • • • Mr. Pittinos, Mr. Finn, Mr. Sprecace, Ms. Purdy, and Chair Green voted yes for the reasons previously stated. Vote on Motion 2 as Amended : Motion passed by a roll call vote (summary: Yes =5 No=O) Yes: Pittinos, Finn, Sprecace, Purdy, Green Motion passed. With no further discussion, the secretary polled the members' votes, and members provided their findings on Motion Three as Amended. Mr. Pittinos, Mr. Finn, Mr. Sprecace, Ms. Purdy, and Chair Green voted yes for the reasons previously stated. Vote on Motion 3 as Amended: Motion passed by a roll call vote (summary: Yes =5 No=O) Yes: Pittinos, Finn, Sprecace, Purd y, Green Motion passed . The Chair instructed the applicant to contact staff for any additional or necessary information . :~ 4. Elections Mr. Finn moved; Mr. Pittinos seconded: TO ELECT CARSON GREEN AS CHAIR. Vote: Motion passed by unanimous vote (summary: Yes = 5 No=O) Yes: Finn, Green, Pittinos, Sprecace, Purdy Chair Carson moved; Mr. Sprecace seconded: TO ELECT TOM FINN AS VICE CHAIR. Vote: Motion passed by unanimous vo te (summary: Yes= 5 No=O) Yes: Finn, Green, Pittinos, Sprecace, Purdy 5. Staff's Choice There are no cases scheduled for June. 6 . City Attorney's Choice Ms. Reid had nothing further . 5 • 7. Board Member's Choice Chair Green will email the Board information on DRCOG 's regional vision plan . 8. Adjourn The meeting adjourned at 8: 1 Opm . • • 6