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HomeMy WebLinkAbout2015-07-08 BAA MINUTES• • • ~ 1. Ca ll to Order CITY OF ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS MINUTES JULY 8, 2015 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 . Ro ll Call Pr esen t: Abse nt: Staff: Angela Schmitz, Carson Green, Randal Friesen, Tom Finn, Writer Mott, Jedidiah Williamson, Stacie Flynn (Alternate) None Audra Kirk, Planner I Dugan Comer, Deputy City Attorney Sue Purdy, 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 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 the ir 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 prelim inary overview of the variance before testimony is taken. ~ 3. Public Hearing VAR20 15 -009 3555 South Clarkson Street Chair Green opened the public hearing stating he had proof of posting and publication . He introduced the case stating the app licant 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 60 feet. This is a variance to 16-5-2:A.1 of the Englewood Municipal Code. [?Ji Audra Kirk, Planner I was sworn in. Ms . Kirk provided a brief overview of the property, and the applicant's variance request. The property is zoned M-2, as are surrounding properties . Ms. Kirk answered questions from the Board . • • • · Gale Schrag, 2785 Heather Road, Golden, Colorado, of Signature Senior Living, LLC, was sworn in . Mr. Schrag addressed the criteria and answered questions from the Board . The facility is strictly assisted living and memory care . The Board granted the same variance 14 months ago on the property to the east. That variance expired since Signature did not purchase the property . Mr. Schrag exp lained the difference between assisted living and long-term ski lled nursing care . The facility will house approximately 130 residents. ~ Ms . Kirk stated it is listed as a group living facility, large because it does not fit within any other category within the Table of Allowed Uses in the Unified Development Code (UDC ). Staff believes the use fits within the medical district, which is one of the reasons the area was rezoned . Additionally, the Board did grant the exact same variance 14 months ago. Ms. Kirk answered additional questions from the Board . It takes a minimum of four to six months to change the UDC once Council directs staff. The applicant is looking to develop and build the project quickly . Staff w ill let City Council know that the Board wants the group living facility category revisited and that assisted living/memory care uses should be excluded from that category . ~ There were no other persons present to testify for or against the variance . Chair Green incorpora t ed the staff report and exhibits into the record and closed the public hearing . MOTION: THAT CASE VAR2015-009, 3555 SOUTH CLARKSON STR EET , BE GRANTED A VARIANCE TO REDUCE THE MINIMUM D I STANC E REQ U IREMENT BETWEEN A GROUP LIVING FACILITY AS DEFINED IN C.R.S. 3 1-2 3-30 3 (2 )(B ), A ND ANOTHER GROUP LIVING FACILITY FROM 1,250 FE ET TO 60 FEET . M ove d by Writer Mott Seconded by Tom Finn The Board discussed the variance and the criterion . Mr. Finn stated the four examp les in the definition of a Group Living Facility, Large/Spec ial are not close to an assisted living facility, and should not be grouped in the same category. ~ With no further discussion, the secretary polled the members' votes . Mr. Finn voted yes. 1. The first criteria is met since the property is located close to Swedish Medical Center and is located within the medical zone district. The district was created for such a facility. 2. The second criteria is met because the property is zoned for medical uses and medical offices . The public health, safety and welfare is not impacted. 3. Regarding the third criteria, the adjacent property is being developed as a retail pharmacy and will not be permanently impaired by the use or development of the variance request. 4 . It is not a self-imposed difficulty or hardship since the building is not already built. The applicant has no control over where other group living facilities are located within the City. • • • Mr. Mott voted yes, concurring with Mr. Finn . 1. The property is located in a M-2 zone district and is located near the hospital, which is conducive for an assisted living/memory care facility . 2. It is consistent with the intent of the M-2 zone district. 3 . It does not permanently impair the adjacent conforming properties; it is the best use of the property given the proximity to the hospital. 4. It is not a self-imposed hardship. Ms. Purdy voted yes, concurring with Messrs. Finn and Mott. Mr. Friesen voted yes, concurring with Messrs. Finn and Mott. In addition, the use is not sufficiently defined with the Unified Development Code (UDC) so the Board needs to make the decision. Ms. Schmitz voted no. There is nothing unique or peculiar about the property. Assisted living facility/memory care fits within the Group Living Facility category and there is nothing unique that causes the rules of that category to not apply. Ms. Schmitz cautioned the Board to not become the shortcut that allows City Council to avoid fixing problems within the UDC. Mr. Williamson voted yes, concurring with Messrs. Finn and Mott. Chair Green voted yes, concurring with Messrs. Finn and Mott. Further, he agrees with Ms. Schmitz and asked that City Council be made aware of the issue. Vote: Motion passed by a roll call vote (summary: Yes=6 No=1) Yes: Carson Green, Tom Finn, Sue Purdy, Writer Mott, Randal Friesen, Jedidiah Williamson No: Angela Schmitz Absent: None Abstain: None Motion passed. ~ 4. Approval of Minutes June 10, 2015 Chair Green stated there are corrections on pages 4 and 6 of the Minutes. Two of the votes shou Id read /1 Motion failed ... /1 MOTION: TO APPROVE THE JUNE 10, 2015 MINUTES AS AMENDED Moved by Tom Finn; Seconded by Writer Mott Vote: Yes: No: Absent: Abstain: Motion passed by a roll call vote (summary: Yes =6 No=O) Randal Friesen, Tom Fin n, Sue Purdy, Writer Mott, Angela Schmitz, Carson Green None None Jedidiah Williamson • • • Motion passed. 5. Approval of Findings of Fact Chair Green stated there are corrections on pages 4 and 5 of the Findings of Fact. Two of the votes shou Id read /1 Motion failed ... /1 MOTION: TO APPROVE THE FINDINGS OF FACT IN CASE VAR2015-007, 3560-3590 SOUTH CLARKSON STREET, AS AMENDED Moved by Randal Friesen; Seconded by Angela Schmitz Vote: Yes: No: Absent: Abstain: Motion passed. (€fil 6. Staff's Choice Motion passed by a roll call vote (summary: Yes =6 No=O) Randal Friesen, Tom Finn, Sue Purdy, Writer Mott, Angela Schmitz, Carson Green None None Jedidiah Williamson Once case is scheduled for August. 7. Attorney's Choice Mr. Comer had nothing further . ~ 8. Board Member's Choice Chair Green thanked the City for the Board/Commission Appreciation Event. He liked the new format.