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Home My WebLink About2015-05-13 BAA MINUTES• • • CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES MAY 13, 2015 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, Vice Chair Finn presiding. ltll 2. Roll Call Present: Absent: Staff: Randal Friesen, Tom Finn, Sue Purdy, Writer Mott, Jedidiah Williamson Angela Schmitz, Carson Green Brook Bell, Planner II Audra Kirk, Planner I Dugan Comer, Deputy City Attorney Vice Chair Finn stated there were five members present; therefore, four affirmative votes are required to grant a variance or appeal. Vice Chair Finn 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. Building permits must be obtained and construction begun within 180 days of the variance's effective date. Vice Chair Finn 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. lt] 3. Public Hearings VAR2015-005 4196 South Pennsylvania Street Vice Chair Finn 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 11 feet 6 inches into the required 25 foot front setback in order to construct a covered front porch. This is a variance to Table 16-6-1.1 of the Englewood Municipal Code. ltlJ Brook Bell, Planner 11, was sworn in. Mr. Bell provided a brief overview of the property, setback requirements, and the applicant's variance request. The house was built in 1923 prior to Englewood zoning codes. Mr. Bell answered questions from the Board. ~ Kelly Kane, 4196 South Pennsylvania Street, was sworn in. Ms. Kane testified to the improvements made to the property and addressed the variance request. [t] Mr. Bell added that there are a number of residences on the block that encroach into the front setback, which is common in older neighborhoods. [t] There were no other persons present to testify for or against the variance. Vice Chair Finn incorporated the staff report and exhibits into the record and closed the public hearing. MOTION: THAT CASE VAR2015-005, 4196 SOUTH PENNSYLVANIA STREET, BE GRANTED A VARIANCE TO ENCROACH 11 FEET 6 INCHES INTO THE REQUIRED 25 FOOT FRONT SETBACK IN ORDER TO CONSTRUCT A COVERED FRONT PORCH PER THE ATTACHED SITE PLAN. THIS IS A VARIANCE TO TABLE 16-6-1.1 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Writer Mott Seconded by Sue Purdy The Board discussed the case and variance criteria. With no further discussion, the secretary polled the members' votes. Mr. Mott voted yes. 1. The house was constructed in 1923 prior to zoning regulations and the house already encroaches into the front setback. The existing structure creates a unique physical condition on the property. 2. It is consistent with the intent of zoning. There are other porches in the neighborhood. 3. It does not alter the essential character of the neighborhood as it will be similar to other properties. 4. It is not a self-imposed hardship given the structure was built prior to the existence of zoning regulations . Ms. Purdy, Mr. Williamson, and Mr. Friesen voted yes concurring with Mr. Mott. • • • Vice Chair Finn voted yes. In addition to the reasons stated, the lack of a porch causes a safety issue in the winter Vote: Motion passed by a roll call vote (summary: Yes =5 No=O) Yes: Randal Friesen, Tom Finn, Sue Purdy, Writer Mott, Jedidiah Williamson No: None Absent: Angela Schmitz, Carson Green Abstain: None Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information. ~ VAR2015-006 4260 South Elati Street Vice Chair Finn 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 maximum permitted 1,000 square foot total floor area for a garage by an additional 123 square feet. This is a variance to Table 16-6-1.2 of the Englewood Municipal Code . ~ Audra Kirk, Planner I, was sworn in. Ms. Kirk stated the existing garage is 579 square feet, not 597 as stated in the staff report on page 2. Ms. Kirk provided a brief overview of the property, the variance request, and maximum size of garages. Ms. Kirk answered questions from the Board. [tJ Paul Skizinski, 4260 South Elati Street, was sworn in. Mr. Skizinski testified that all nine neighbors who signed the petition are in favor of the variance request. Mr. Skizinski addressed the City's staff report, his variance request, and answered questions from the Board. Mr. Skizinski stated there are a number of oversized garages in the neighborhood. [!] Matt Skizinski, 4260 South Elati Street, was sworn in. Mr. Skizinski testified the property is well maintained and the structure would fit in well with the neighborhood. ~ Vice Chair Finn asked additional questions of staff. Ms. Kirk responded that houses are typically built at the front of the lot and garages on the rear even when zoning codes were not in effect . • • • rt] There were no other persons present to testify for or against the variance . Vice Chair Finn incorporated the staff report and exhibits into the record and closed the public hearing. rt] MOTION: THAT CASE VAR2015-006, 4260 SOUTH ELATI STREET, BE GRANTED A VARIANCE TO EXCEED THE MAXIMUM PERMITTED 1,000 SQUARE FOOT TOTAL FLOOR AREA FOR A GARAGE BY AN ADDITIONAL 123 SQUARE FEET. THIS IS A VARIANCE TO TABLE 16-6-1.2 OF THE ENGLEWOOD MUNICIPAL CODE. Moved by Sue Purdy Seconded by Jedidiah Williamson The Board discussed the variance request and criteria. With no further discussion , the secretary polled the members' votes. Mr. Friesen voted no. 1. There is nothing unique about the property that prohibits the garage from being built per Code. 2. It will not impair adjacent development. 3. There is no hardship . Mr. Williamson and Ms . Purdy voted no. Mr . Mott voted no; the application does not sat i sfy the first cri teria based on size and shape or the fourth criteria. Vice Chair Finn voted no; the f i rst criteria is not met. Vote: Motion passed by a roll call vote (summary: Yes =0 No =5) Yes: None No: Randal Friesen , Tom Finn , Sue Purdy, Writer Mott, Jedidiah Williamson Absent: Angela Schmitz, Carson Green Abstain: None Motion passed. The Chair instructed the applicant to contact staff for any additional or necessary information . • lll1 • • 4. Approval of Minutes lll1 April 8, 2015 MOTION: TO APPROVE THE APRIL 8, 2015 MINUTES AS WRITTEN Moved by Jedidiah Williamson; Seconded by Writer Mott Vote: Yes: No: Absent: Abstain: Motion failed by a roll call vote (summary: Yes =5 No=O) Randal Friesen, Tom Finn , Sue Purdy, Writer Mott, Jedidiah Williamson None Angela Schmitz, Carson Green None 5. Approval of Findings of Fact MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-002, 1997 WEST ILIFF AVENUE Moved by Jedidiah Williamson; Seconded by Sue Purdy Vote: Yes: No: Absent: Abstain: MOTION: Moved by Vote: Yes: No: Absent: Abstain: Motion passed by a roll call vote (summary: Yes =5 No=O) Randal Friesen, Tom Finn, Sue Purdy , Writer Mott, Jedidiah Williamson None Angela Schmitz, Carson Green None TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-003, 3295 SOUTH FRANKLIN STREET Jedidiah Williamson; Seconded by Sue Purdy Motion passed by a roll call vote (summary: Yes =5 No=O) Randal Friesen , Tom Finn, Sue Purdy, Writer Mott, Jedidiah Williamson None Angela Schmitz , Carson Green None • • • MOTION: Moved by Vote: Yes: No: Absent: Abstain: ll1l 6. Staff's Choice TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-004, 2799 DOWNING STREET Jedidiah Williamson; Seconded by Sue Purdy Motion passed by a roll call vote (summary: Yes =5 No=O) Randal Friesen, Tom Finn, Sue Purdy, Writer Mott, Jedidiah Williamson None Angela Schmitz, Carson Green None One case is scheduled for June 10, 2015. ll1l 7. Attorney's Choice Deputy City Attorney Comer had nothing further. rt] 8. Board's Choice The Board had nothing further. 9. Adjourn The meeting adjourned at 8:30 pm. d,U~A